WEBVTT - #492 Jason Flom with Keith Washington 0:00:00.400 --> 0:00:03.560 On wrongful conviction. Many of our guests have served in 0:00:03.600 --> 0:00:08.760 the US military. We at lava for good honor America's veterans, 0:00:09.200 --> 0:00:12.840 but let this episode serve as a reminder that even 0:00:12.880 --> 0:00:17.079 that revered status has historically not been enough to save 0:00:17.160 --> 0:00:21.440 innocent Americans from our criminal legal system and those who operated. 0:00:25.200 --> 0:00:28.880 Keith Washington was an Army lieutenant colonel, police officer, and 0:00:29.080 --> 0:00:32.519 Homeland security official in Prince George's County, Maryland, when on 0:00:32.640 --> 0:00:35.400 January twenty fourth, two thousand and seven, he was at 0:00:35.400 --> 0:00:37.840 home having dinner with his wife and daughter while waiting 0:00:37.840 --> 0:00:41.520 for a furniture delivery. When the delivery men, Brandon Clark 0:00:41.640 --> 0:00:45.440 and Robert White, arrived, Keith invited them into his home. However, 0:00:45.720 --> 0:00:49.239 when he found White snooping around his daughter's bedroom, he 0:00:49.320 --> 0:00:52.839 asked them to leave, but they wouldn't. Overpowered by the 0:00:52.880 --> 0:00:55.920 two much larger men being kicked and stomped on, he 0:00:56.040 --> 0:00:58.560 feared for his wife and daughter's lives as well as 0:00:58.560 --> 0:01:02.720 his own, so the assailants both were taken to the hospital, 0:01:02.920 --> 0:01:07.240 but only Robert White survived. White, a twelve time convicted felon, 0:01:07.319 --> 0:01:10.520 fabricated a story that excused him from what was just 0:01:10.720 --> 0:01:14.480 one in a string of other home invasions. It's clear 0:01:14.560 --> 0:01:17.040 which way this should have gone. With the official corruption 0:01:17.120 --> 0:01:20.280 and misconduct the Prince George's county is well documented with 0:01:20.360 --> 0:01:24.360 the media frenzy that ensued. The prosecution team all jockeyed 0:01:24.360 --> 0:01:27.920 for ways to turn this justifiable shooting into an opportunity 0:01:27.959 --> 0:01:31.200 for their own career advancement, with the appearance of upholding 0:01:31.240 --> 0:01:34.600 equal standards of justice for those in law enforcement. While 0:01:34.600 --> 0:01:37.679 the physical evidence from the investigation supported Keith's story of 0:01:37.680 --> 0:01:41.400 self defense, they used the inconsistent story of a career 0:01:41.440 --> 0:01:45.280 criminal to send an upstanding citizen away for forty five 0:01:45.360 --> 0:01:48.440 years in prison. With the work of his legal team 0:01:48.720 --> 0:01:52.680 along with Georgetown Universities making an axanner reprogram, Keith is 0:01:52.800 --> 0:01:57.559 finally home after thirteen years, while he continues to fight 0:01:57.760 --> 0:02:14.480 to clear his name. This is Wrongful Conviction with Jason Flamm. 0:02:14.639 --> 0:02:17.840 Welcome back to Wrongful Conviction. I'm your host, Jason Flamp 0:02:18.080 --> 0:02:20.800 and today's episode, well, let me just say this before 0:02:20.840 --> 0:02:25.040 I even introduce our two incredible guests today. Our producer 0:02:25.320 --> 0:02:28.000 Connor Hall is an excellent researcher. But when he sent 0:02:28.080 --> 0:02:31.600 me the research on this case, and I was already 0:02:31.600 --> 0:02:34.240 familiar with the case, but I read it twice and 0:02:34.280 --> 0:02:37.720 I went, now, there's gotta be mistakes here. This can't 0:02:37.720 --> 0:02:40.639 be the way it is. But it's all true, and 0:02:40.760 --> 0:02:43.120 you're gonna hear the story straight from the mouth of 0:02:43.160 --> 0:02:47.760 the person who lived it. And I'm referring to Keith Washington. Keith, 0:02:47.840 --> 0:02:50.840 I'm sorry you're here because of the reason that you're here, 0:02:50.840 --> 0:02:53.079 but I'm very, very honored to have you on this 0:02:53.160 --> 0:02:53.720 show today. 0:02:54.280 --> 0:02:56.520 Well, listen, Jason, thanks for having me. I'm more than 0:02:56.560 --> 0:02:58.600 happy to be here. And with the help of a 0:02:58.639 --> 0:03:02.200 lot of good people, Marty, that's the reason I'm here 0:03:02.320 --> 0:03:02.800 right now. 0:03:03.560 --> 0:03:07.480 And speaking of Marty, Marty Tanklft, my great friend and 0:03:07.560 --> 0:03:11.320 personal hero, has been on the show several times. Actually, 0:03:11.400 --> 0:03:14.760 his own story is harrowing as a story he can get. 0:03:14.800 --> 0:03:17.200 He was wrongfully convicted of the murder of his parents 0:03:18.000 --> 0:03:20.520 and served seventeen years in prison and now but practicing 0:03:20.639 --> 0:03:25.639 attorney and a co professor at Georgetown University. He teaches 0:03:25.680 --> 0:03:29.120 the Making an exuner reclass, which had everything to do 0:03:29.200 --> 0:03:32.839 with helping to get mister Washington out of prison. And 0:03:33.240 --> 0:03:38.200 Marty is now Keith Washington's attorney. It's a full circle story, 0:03:38.480 --> 0:03:41.000 but it's not over yet. But anyway, Marty, it's so 0:03:41.360 --> 0:03:43.760 fucking great to have you on the show in this role. 0:03:44.360 --> 0:03:47.840 Thank you, Jason. It's always an honor and a pleasure 0:03:47.880 --> 0:03:50.680 to come on the show as we continue the fight 0:03:50.760 --> 0:03:54.960 for justice for so many individuals out there. And when 0:03:55.000 --> 0:03:58.120 you hear Keith's story, I think people will just be floored. 0:03:58.800 --> 0:04:02.040 I couldn't said it better. If this happened to Keith Washington, 0:04:02.320 --> 0:04:06.280 who is the very definition of an American hero, then 0:04:06.520 --> 0:04:10.320 it can happen to anyone. And when I say that, 0:04:10.720 --> 0:04:13.720 Keith was a lieutenant colonel in the United States Army, 0:04:13.880 --> 0:04:19.000 served over for twenty five years with honor, speaks five languages, 0:04:19.480 --> 0:04:22.479 attended some of the foremost military schools in the country, 0:04:22.520 --> 0:04:25.320 and everyone's lost count of how many awards and citations 0:04:25.760 --> 0:04:31.240 he's received for his service to our country. Upon returning home, 0:04:31.680 --> 0:04:34.280 Keith rose up in the ranks of the police department, 0:04:34.720 --> 0:04:38.400 served as a police officer for seventeen years with distinction. 0:04:39.200 --> 0:04:42.880 Never fired your weapon. I know that you were serving 0:04:42.960 --> 0:04:47.039 as a Homeland security official as well. And by the way, 0:04:47.040 --> 0:04:48.800 when this happened, the father of a six year old 0:04:48.880 --> 0:04:51.960 girl happily married I mean, like, what am I missing here? 0:04:52.080 --> 0:04:54.480 You almost sound too good to be true? What are 0:04:54.520 --> 0:04:57.440 your flaws? Hey? 0:04:57.560 --> 0:05:00.240 Listen, you know, I thank you for that introduction, and 0:05:00.320 --> 0:05:02.800 I thank you for those comments. But I'm just an 0:05:02.800 --> 0:05:05.360 average guy that worked hard all his life and tried 0:05:05.360 --> 0:05:06.120 to do the right thing. 0:05:06.720 --> 0:05:10.039 So Keith, tell us about your upgringing. You came from 0:05:10.040 --> 0:05:12.240 a single mother, right, but give us a little bit 0:05:12.240 --> 0:05:13.360 of background if you don't mind. 0:05:14.080 --> 0:05:16.640 Listen, I've had a job since I was thirteen years old. 0:05:16.880 --> 0:05:19.560 My mother and father separated, and at that time I 0:05:19.640 --> 0:05:21.360 became the man of the house, so to speak. 0:05:21.680 --> 0:05:23.240 And so I had a paper. 0:05:23.040 --> 0:05:26.360 Route every morning from five am on my bicycle with 0:05:26.400 --> 0:05:29.640 my mother and I sometimes in the rain, the snow, 0:05:29.920 --> 0:05:33.000 whatever the conditions were. And so about seven thirty eight 0:05:33.040 --> 0:05:34.880 o'clock in the morning, we'd finished and then I'd head 0:05:34.920 --> 0:05:37.120 off the school. At some point in time, my mother 0:05:37.279 --> 0:05:40.919 suffered a serious illness. My three sisters had to go 0:05:41.000 --> 0:05:43.680 live with relatives. My mother spent five years in a 0:05:43.680 --> 0:05:46.400 mill institution, and so as a sixteen year old kid, 0:05:46.440 --> 0:05:49.360 I was homeless and just sleep in the car, still 0:05:49.360 --> 0:05:51.960 going to school though every morning. At the end of 0:05:51.960 --> 0:05:54.920 my senior year, I saw a couple of friends of mine. 0:05:55.000 --> 0:05:56.880 I asked where they're going, and they said, hey, we're 0:05:56.920 --> 0:05:59.200 going to join the Army. Just that quickly, I said, 0:05:59.200 --> 0:06:01.320 I'm going with you. And so I want to say 0:06:01.360 --> 0:06:04.159 that everything I've ever done or acquired in my life, 0:06:04.600 --> 0:06:07.360 I owe it to the Army, to the values they taught. 0:06:07.520 --> 0:06:09.240 It was the best thing that could have happened to me. 0:06:09.600 --> 0:06:13.640 Ever, from that, I grew into a man stationed over 0:06:13.640 --> 0:06:15.840 in Korea for a year and a half as a teenager. 0:06:16.160 --> 0:06:18.080 When I came back, I decided I want to go 0:06:18.120 --> 0:06:21.000 to college. I went to college at Northwestern State University. 0:06:21.160 --> 0:06:23.840 I joined an RTC program. I got commissioned as a 0:06:23.880 --> 0:06:26.279 second lieutenant. After three and a half years in the Army, 0:06:26.680 --> 0:06:29.120 I graduated and I was sent to Fort Benning, Georgia, 0:06:29.200 --> 0:06:30.040 home with the Infantry. 0:06:30.440 --> 0:06:31.520 Completed a few. 0:06:31.360 --> 0:06:35.240 Schools there Airborne School, Infantry Officer Basic Course, a Giant F. 0:06:35.279 --> 0:06:38.440 Kennedy School of Special Warfare, few terrorism schools, and assigned 0:06:38.440 --> 0:06:41.600 in Special Operations Command. I couldn't believe my life how 0:06:41.760 --> 0:06:45.359 within a short almost ten year period had really changed. 0:06:45.800 --> 0:06:49.680 Based on the opportunities that the military had provided me. 0:06:50.400 --> 0:06:54.360 Around nineteen ninety eleven years later, I joined the police department. 0:06:54.520 --> 0:06:58.000 I'm Prince Georgia's and ultimately, after nine to eleven, based 0:06:58.080 --> 0:07:01.000 on my background, I was selected to be Deputy Director 0:07:01.000 --> 0:07:03.440 of Homeman Security for Pristig's County, and I was just 0:07:03.480 --> 0:07:06.600 willing to do what it took to accomplass whatever was 0:07:06.640 --> 0:07:07.120 before me. 0:07:07.480 --> 0:07:11.480 It's an amazing story. I mean, you transcended and triumphed 0:07:11.640 --> 0:07:14.760 over tough circumstances. I'm not a strong enough way of 0:07:14.800 --> 0:07:16.760 saying it. I mean, and you ended up giving back 0:07:16.800 --> 0:07:21.200 as well, volunteering at the Cane River Children's Home. I mean, 0:07:21.240 --> 0:07:23.760 it's really inspiring and it should have played out in 0:07:23.960 --> 0:07:26.120 the way that you deserve, which was to go on 0:07:26.200 --> 0:07:29.680 and have a happy, productive life and ultimately, you know, 0:07:29.880 --> 0:07:32.640 retire and have a bunch of grandchildren maybe and then 0:07:32.920 --> 0:07:36.080 you know, play some golf whatever. And then, of course, 0:07:36.240 --> 0:07:39.360 as we know, and as Marty knows intimately as well, 0:07:39.640 --> 0:07:43.880 everything can change in a second. And so it did 0:07:44.240 --> 0:07:48.240 on January twenty fourth, two thousand and seven. Marty, can 0:07:48.280 --> 0:07:50.520 you take us through what happened that awful night? 0:07:51.200 --> 0:07:55.200 Sure? Absolutely so. To put it simply, he defended himself, 0:07:55.400 --> 0:07:58.720 his wife and daughter, and tragically instead of being labeled 0:07:58.760 --> 0:08:01.880 a hero like a criminal. To walk you through what 0:08:02.000 --> 0:08:04.800 happened that day, Keith had taken the day off from 0:08:04.840 --> 0:08:08.480 work to accept a furniture delivery from marlow Furniture, and 0:08:08.520 --> 0:08:10.480 he was home with his wife, Stacy and his very 0:08:10.520 --> 0:08:14.120 young daughter, Kayla. The day passed, still no furniture. He 0:08:14.200 --> 0:08:17.040 called Marlowe. They assured him that the delivery would arrive 0:08:17.160 --> 0:08:21.040 that night. Finally, during dinner, the delivery men, Brandon Clark 0:08:21.080 --> 0:08:24.960 and Robert White arrived. These are furniture movers, some really 0:08:25.000 --> 0:08:27.480 big guys. And it's a misnomer to call Robert White 0:08:27.480 --> 0:08:29.880 a furniture mover to begin with, because he wasn't even 0:08:29.920 --> 0:08:33.600 employed by Marlo Furniture at all. Instead, he was Brandon 0:08:33.600 --> 0:08:36.480 Clark's cousin. But the appearance was at that time he 0:08:36.600 --> 0:08:39.640 worked for Marlo Furniture. Delivery was meant for the master 0:08:39.720 --> 0:08:43.040 bedroom of the first floor, and at some point Keith 0:08:43.360 --> 0:08:46.520 recognized that one of the men, Robert White, is not 0:08:46.640 --> 0:08:49.600 with him anymore. And Keith was there and he can 0:08:49.640 --> 0:08:51.359 give you more of the details. 0:08:51.840 --> 0:08:55.320 Brandon Clark was distracting me while Robert White was in 0:08:55.360 --> 0:08:59.640 my daughter's bedroom. I could hear the squeaking floorboards in 0:08:59.679 --> 0:09:02.000 my door his bedroom, because I know the sound of 0:09:02.040 --> 0:09:04.840 my house. And I asked the guy, I said, where's 0:09:04.840 --> 0:09:07.600 your friend? And he wouldn't answer, you know, he just 0:09:07.679 --> 0:09:10.559 kept giving me a frivolous answer and tried to brush 0:09:10.600 --> 0:09:13.400 me off. And so I look and I see him 0:09:13.440 --> 0:09:15.840 poke his head out of my daughter's bedroom, and I said, 0:09:15.840 --> 0:09:17.400 what are you doing in there? Come out of there. 0:09:17.760 --> 0:09:20.959 He halfway comes out. So I walked toward him. I said, hey, 0:09:21.080 --> 0:09:23.120 leave my house. You guys, get out of my house. 0:09:23.720 --> 0:09:26.600 And as I got close enough to him, the other 0:09:26.679 --> 0:09:29.400 guy punched me in the back of the head, and 0:09:29.440 --> 0:09:32.280 then White attacked me from the side. So I'm fighting 0:09:32.320 --> 0:09:37.040 two guys in my house, complete strangers, within three minutes 0:09:37.120 --> 0:09:38.200 of entering my house. 0:09:38.720 --> 0:09:40.280 You know. We were on the ground, on the. 0:09:40.240 --> 0:09:43.360 Floor, I should say, and the guy, Clark was kicking 0:09:43.360 --> 0:09:45.880 me while I was on the floor. Clark's six foot eight, 0:09:45.920 --> 0:09:48.679 three hundred and thirty pounds and Robert White six foot two, 0:09:48.720 --> 0:09:52.119 two hundred and eighty pounds, and I'm five nine five, 0:09:52.880 --> 0:09:56.640 So he's attacking me like kicking me. I pulled my 0:09:56.679 --> 0:10:00.000 service revolver, I fired, and I struck both of them. 0:10:00.440 --> 0:10:04.240 The assault ceased later Clark died and Robert White lived. 0:10:05.200 --> 0:10:07.800 And as I think about this story, and as a 0:10:07.840 --> 0:10:11.480 father myself, I mean, and I think everybody can relate 0:10:11.520 --> 0:10:14.680 to this. You would do anything to protect your kids. 0:10:14.800 --> 0:10:16.680 We all would, And I'm trying to put myself in 0:10:16.760 --> 0:10:20.720 your shoes. At that moment. You're being brutally viciously attacked 0:10:20.800 --> 0:10:23.199 right there in your own home, and your wife and 0:10:23.520 --> 0:10:27.520 young daughter are right downstairs. These two men are beating 0:10:27.559 --> 0:10:31.000 you like and they're winning because you had no shots. Combined, 0:10:31.000 --> 0:10:33.800 they weighed four times as much as you did, and 0:10:34.360 --> 0:10:38.320 they kicked you so hard that your watch broke, it 0:10:38.400 --> 0:10:40.920 flew off of your wrist. I mean, this is a 0:10:41.000 --> 0:10:44.320 life and death situation, and you had a grim choice 0:10:44.360 --> 0:10:46.320 to make. Am I getting this right? 0:10:46.679 --> 0:10:47.720 No, you're right. Listen. 0:10:47.760 --> 0:10:49.559 My wife and my six year old daughter were home, 0:10:49.920 --> 0:10:53.800 and I knew that if I didn't survive, who knows 0:10:53.880 --> 0:10:56.560 what would have happened it. In five minutes earlier, we 0:10:56.559 --> 0:10:59.920 were having dinner and just sitting around laughing and joking. 0:11:00.400 --> 0:11:03.520 And five minutes later, I'm wrestling two strangers fighting two 0:11:03.600 --> 0:11:06.240 strangers on the floor in my own home. 0:11:06.679 --> 0:11:08.360 That's how quickly this thing unfolded. 0:11:08.880 --> 0:11:11.360 I mean, it's a heroin thought, but you're a drilling 0:11:11.440 --> 0:11:13.000 kicks in and you do what you gotta do. 0:11:23.440 --> 0:11:27.600 This episode is underwritten by AIG, a leading global insurance company, 0:11:27.720 --> 0:11:31.520 and by Accentsure, a global professional services company with leading 0:11:31.559 --> 0:11:35.599 capabilities in digital, cloud and security. Working to reform the 0:11:35.640 --> 0:11:38.080 criminal justice system is a key pillar of the AIG 0:11:38.280 --> 0:11:41.520 pro Bono program, which provides free legal services and other 0:11:41.559 --> 0:11:45.920 support to many nonprofit organizations and individuals most in need 0:11:46.160 --> 0:11:49.480 as part of Excensure's commitment to racial and civil justice. 0:11:49.640 --> 0:11:53.680 Accenture's Legal Access Program provides pro bono legal services in 0:11:53.760 --> 0:11:57.720 partnership with more than forty organizations, bringing meaningful change to 0:11:57.800 --> 0:12:09.080 people and communities worldwide. So the attack finally ceases. Both 0:12:09.160 --> 0:12:11.920 men have been shot, your wife has called nine one one, 0:12:12.320 --> 0:12:16.920 and police and paramedics arrived. Eventually everyone's taken to the hospital. 0:12:17.400 --> 0:12:18.360 What happened next? 0:12:18.840 --> 0:12:20.760 So when they got to the hospital that night, I 0:12:20.800 --> 0:12:23.600 guess about fifteen to twenty cops were there, alan the 0:12:23.640 --> 0:12:26.760 detectives in charge of a homicide division, and they were 0:12:27.000 --> 0:12:27.400 trying to. 0:12:27.360 --> 0:12:30.160 Interview Robert White, and White played at the fifth amendment. 0:12:30.200 --> 0:12:32.240 He refused to talk to the police. He refused to 0:12:32.240 --> 0:12:35.560 give a statement. He refused to say what happened. Subsequently, 0:12:35.640 --> 0:12:39.200 what we found out is that he did not work 0:12:39.240 --> 0:12:40.760 for the French and Delivery company and that he was 0:12:40.760 --> 0:12:42.640 picked up on the side of the road by Clark 0:12:42.800 --> 0:12:45.240 and brought to my house Alan a couple of other 0:12:45.240 --> 0:12:47.839 houses for the best I can tell, other people have 0:12:47.920 --> 0:12:51.480 said that they were casing houses. White has several burglary 0:12:51.480 --> 0:12:55.960 convictions and several convictions for fencing stolen property. So anyway, 0:12:56.000 --> 0:12:58.240 the state's attorney was aware of all that information also 0:12:58.520 --> 0:13:02.480 mister White, as I said, the fifth and the state's 0:13:02.520 --> 0:13:05.880 attorney in charge of the case, Glenn Ivy, informing two 0:13:05.920 --> 0:13:08.920 detectives at the hospital not to arrest Robert White under 0:13:08.960 --> 0:13:12.280 any circumstances out of the blue, that they had never 0:13:12.320 --> 0:13:15.760 seen a sitting state's attorney, a sitting prosecutor come to 0:13:15.800 --> 0:13:20.720 the hospital until the police not to arrest a career criminal, 0:13:20.840 --> 0:13:24.160 a suspect in a shooting and an assault, and they 0:13:24.160 --> 0:13:28.400 could leave, which they did after he informed them that 0:13:28.480 --> 0:13:30.679 they were not to interview mister White or even talk 0:13:30.760 --> 0:13:31.080 to him. 0:13:31.679 --> 0:13:36.600 It's so so bizarre, I mean, because obviously Robert White 0:13:36.679 --> 0:13:40.319 had a lot to gain. First by his silence and 0:13:40.360 --> 0:13:44.000 then by lying, because if Keith was not guilty, then 0:13:44.040 --> 0:13:47.480 he and Brandon Clarke were, which wouldn't be hard to 0:13:47.480 --> 0:13:52.360 believe with White's twelve that's twelve previous convictions, including assault 0:13:52.360 --> 0:13:56.840 and battery, unlawful entry, larceny, grand largely receiving stolen goods, 0:13:57.280 --> 0:14:01.000 attempted third degree burglary, first degree burglary pointing a firearm, 0:14:01.040 --> 0:14:04.360 domestic violence, and first degreef sexual assault, for which he 0:14:04.400 --> 0:14:08.959 had served ten years. He also had over twenty additional 0:14:09.040 --> 0:14:13.240 arrests for crimes ranging from peeping tom to attempted murder, 0:14:13.840 --> 0:14:18.199 but the state's attorney, Glenn Ivy, who eventually ran for Congress, 0:14:19.120 --> 0:14:23.400 purposefully turned a blind eye to all of that and 0:14:23.440 --> 0:14:24.840 instead focused on Keith. 0:14:25.160 --> 0:14:27.000 They trying to dig something up that they could use 0:14:27.040 --> 0:14:31.680 against Keith, analyzing DNA, fiber transfer, gunshot residue, spenshell, casing's 0:14:31.720 --> 0:14:34.720 telephone records, nine one one cole, and so much more. 0:14:35.600 --> 0:14:37.720 All of the evidents, of course, didn't show them what 0:14:37.760 --> 0:14:40.160 they were looking for, but what it did show was 0:14:40.200 --> 0:14:43.200 that Keith had acted in self defense and he'd never 0:14:43.200 --> 0:14:44.080 should have been charged. 0:14:44.320 --> 0:14:47.640 And then, despite the clear nature of this incident, twelve 0:14:47.760 --> 0:14:53.400 time convicted felon Robert White's flow of inconsistent statements. Let 0:14:53.400 --> 0:14:58.160 me repraise that Robert White's flow of total bullshit went 0:14:58.240 --> 0:15:03.040 totally unchecked. So they're just ignoring this career criminal who's 0:15:03.080 --> 0:15:06.240 a real menace to society. And then here comes the kicker. 0:15:06.760 --> 0:15:10.280 Robert White filed a civil action against you, Keith and 0:15:10.400 --> 0:15:15.320 Prince George's county, seeking ready four hundred million dollars in 0:15:15.440 --> 0:15:21.640 damages arising out of the shooting. Wow, it was dismissed, surprise, surprise, 0:15:21.720 --> 0:15:24.920 but not before garnering a serious amount of media coverage. 0:15:25.360 --> 0:15:28.280 It also comes out later that someone else had filed 0:15:28.320 --> 0:15:32.680 that hand fisted civil action on White's behalf, perhaps someone 0:15:32.680 --> 0:15:35.560 who maybe wanted to draw a ton of media coverage, 0:15:35.880 --> 0:15:38.960 like a person who wanted to show what a bulwark 0:15:39.040 --> 0:15:43.440 of justice they were by holding a decorated veteran law 0:15:43.520 --> 0:15:47.680 enforcement officer and Homeland security official to account for what 0:15:47.880 --> 0:15:51.120 was alleged to be an unjustified shooting. And by the way, 0:15:51.200 --> 0:15:53.440 if it were the case that this was some trigger 0:15:53.480 --> 0:15:55.680 happy cop, I'd be the first one to say justice 0:15:55.680 --> 0:15:59.720 should be applied equally. But that's just not what this was. 0:15:59.800 --> 0:16:03.600 And they fucking knew it. So this media attention ramps 0:16:03.680 --> 0:16:07.880 up to public pressure, and the prosecution is aiming to 0:16:07.920 --> 0:16:12.120 score big political points and advance their careers if they 0:16:12.160 --> 0:16:17.120 bring home the win. And that's not me editorializing. Both 0:16:17.240 --> 0:16:21.760 prosecutors were overheard saying things to that effect. And I'm 0:16:21.800 --> 0:16:26.080 talking about prosecutors Joseph Wright and William Mumu who had 0:16:26.240 --> 0:16:30.520 all the information and evidence proving Keith's use of self defense, 0:16:30.960 --> 0:16:34.320 and yet they still argued that the shootings were unprovoked 0:16:34.320 --> 0:16:38.920 and unjustified. The state allowed Robert White to create his 0:16:39.040 --> 0:16:43.800 own version of events where Keith was unattacked, unprovoked, where 0:16:43.920 --> 0:16:47.240 you hadn't been stomped on and kicked, where you hadn't 0:16:47.280 --> 0:16:50.960 exhausted all other options before pulling out your service revolver. 0:16:51.400 --> 0:16:55.680 They used this testimony that changed every time White recounted 0:16:55.720 --> 0:16:59.320 the incident, every time Keith, Can you take us through 0:16:59.400 --> 0:17:02.280 some of the evidence that should have ended this prosecution 0:17:02.440 --> 0:17:03.320 before it started. 0:17:03.680 --> 0:17:07.280 They had the evidence. The lead investigator, Lieutenant Charlie Walls, 0:17:07.560 --> 0:17:11.280 briefed them he had the DNA evidence, the gunshot residue 0:17:11.280 --> 0:17:14.200 evidence to trace fiber evidence from the clothing. They said 0:17:14.240 --> 0:17:16.560 they never touched me well, I said he was kicking me. 0:17:16.600 --> 0:17:17.760 I was on the ground. He was kicking when I 0:17:17.760 --> 0:17:21.720 shot him. The clothing fiber evidence showed the fibers from 0:17:21.800 --> 0:17:25.600 my shirt invest on his pants lit. So they had 0:17:25.640 --> 0:17:29.240 that evidence that contradicted his statement. They had the gunshot residue. 0:17:29.240 --> 0:17:30.840 He said that they were shot from across the room. 0:17:30.920 --> 0:17:33.960 The gunshot residue test done by the ATF show that 0:17:34.000 --> 0:17:36.399 he was shot from three inches away three to twelve inches. 0:17:36.760 --> 0:17:38.439 He said he shot from across the room. They resisted 0:17:38.440 --> 0:17:41.320 the room and a minimum of eight feet which wouldn't 0:17:41.359 --> 0:17:44.359 have left any gunshot resident. He said he called my house. 0:17:44.359 --> 0:17:46.040 They had the phone records they showed he never called 0:17:46.040 --> 0:17:48.399 my house before they arrived. They said that he was 0:17:48.440 --> 0:17:51.680 a delivery man for Marlo's Furniture. Marlow's Furniture had given 0:17:51.720 --> 0:17:54.639 them a statement the human resources director, miss A Kila 0:17:54.760 --> 0:17:57.400 Ross that not only does he not work for them, 0:17:57.480 --> 0:17:59.560 that they've never heard of him or never seen him, 0:17:59.640 --> 0:18:02.520 and that Martels would never hire sex offenders to work 0:18:02.560 --> 0:18:05.840 in their delivery trucks because their insurance wouldn't cover. They 0:18:05.960 --> 0:18:07.679 had the toxicology report that showed that he was on 0:18:07.720 --> 0:18:11.159 cocaine the two States attorney denied that the toxicology test was. 0:18:11.160 --> 0:18:13.040 Ever even given on Robert White. 0:18:13.280 --> 0:18:15.399 They proffered to the court, to the jury, and to 0:18:15.440 --> 0:18:18.240 the general public that he was in a ploy Mordels furniture, 0:18:18.600 --> 0:18:20.920 that he was not a restrosex offender. All of these 0:18:20.960 --> 0:18:24.760 things in Moore happened in my trial by these two prosecutors. 0:18:25.280 --> 0:18:27.639 I mean, this is a litany of hers. Right. We 0:18:27.720 --> 0:18:30.680 have a prosecution team that is hell bent on convicting 0:18:30.680 --> 0:18:34.280 an innocent man while protecting a guilty one, and they 0:18:34.359 --> 0:18:36.639 had all of the evidence pointing to Keith's version of 0:18:36.680 --> 0:18:40.639 the events, clearly contradicting what Robert White testified to. White 0:18:40.960 --> 0:18:43.960 maintained that neither he nor Clark were close enough to 0:18:44.000 --> 0:18:47.440 Keith to assault him when he shot them. Now we've 0:18:47.520 --> 0:18:50.719 mentioned the gunshot residue and what that meant, but also 0:18:51.280 --> 0:18:55.720 White's DNA was found on Keith's gun, Clark's pidfibers were 0:18:55.760 --> 0:18:58.520 found on Keith's vest from when he was kicking him. 0:18:58.800 --> 0:19:02.320 Neither of these things can happen from across the freaking room. 0:19:02.720 --> 0:19:05.760 None of the spens shell casings recovered by technicians were 0:19:05.760 --> 0:19:09.080 located even near the master bedroom where Robert White said 0:19:09.160 --> 0:19:14.240 Keith was allegedly standing when he shot them. Instead, the 0:19:14.359 --> 0:19:17.600 casings were recovered from the middle of the upstairs hallway 0:19:18.000 --> 0:19:21.080 and whole bathroom, where Keith and Stace had maintained that 0:19:21.119 --> 0:19:23.120 the altercation had taken place. 0:19:23.320 --> 0:19:27.360 But the prosecution doubled down on the lie. Listen to this. 0:19:27.920 --> 0:19:31.800 The prosecutors made thirty one false and misleading statements throughout 0:19:31.840 --> 0:19:36.520 the trial that were objected to and sustained. These were 0:19:36.760 --> 0:19:41.320 obviously meant to intentionally mislead throw off the jurors. There 0:19:41.359 --> 0:19:44.920 were nine objections to statements made by prosecutor Joseph Wright 0:19:45.000 --> 0:19:49.360 during his closing argument alone, including that Robert White had 0:19:49.400 --> 0:19:52.200 only one conviction and that there was no cocaine test 0:19:52.240 --> 0:19:55.719 given to Robert White. These were just straight up lies. 0:19:56.040 --> 0:20:01.360 His criminal record and toxicology report were absolutely available, yet 0:20:01.359 --> 0:20:03.960 the jury was not made aware of them. This is 0:20:04.359 --> 0:20:08.960 just so nuts. It's so wrong. White had denied under 0:20:08.960 --> 0:20:11.280 oath to the grand jury about being a sex offender, 0:20:12.240 --> 0:20:16.600 which the prosecutors allowed him to do. The state's attorney 0:20:16.680 --> 0:20:19.800 in charge of the case knew all of this. The prosecutor, 0:20:19.840 --> 0:20:24.560 William Mumau, later said, he said, we put Robert White 0:20:24.640 --> 0:20:27.239 on the stand he was a witness of ours. But 0:20:27.320 --> 0:20:29.919 you'll never see me standing in front of a jury 0:20:30.480 --> 0:20:35.399 saying that this witness says the truth. Wow. Are you 0:20:35.480 --> 0:20:38.680 fucking getting me with this shit? Wow? And certainly if 0:20:38.680 --> 0:20:41.840 the jury would have learned those things, it would have 0:20:41.880 --> 0:20:44.879 had a real impact on the outcome of the trial. 0:20:45.480 --> 0:20:49.800 But they didn't get to know these things. They weren't presented, 0:20:50.040 --> 0:20:53.320 and these jurors were not mind readers. So for all 0:20:53.359 --> 0:20:56.600 the jury knew Robert White and Brandon Clark, which is 0:20:56.640 --> 0:20:59.800 too humble furniture delivery man who had the misfortune of 0:21:00.119 --> 0:21:03.119 came to the home of a trigger happy cop, a 0:21:03.200 --> 0:21:05.639 trigger happy cop who had never used his gun before, 0:21:05.720 --> 0:21:08.119 by the way, so let's not leave that out. And 0:21:08.240 --> 0:21:12.080 on February thirteenth, two thousand and eight, clearly the prosecution's 0:21:12.200 --> 0:21:17.160 lies and manipulations worked. The jury found you guilty, Keith. 0:21:17.280 --> 0:21:19.800 And what was that very moment, like I mean, when 0:21:19.880 --> 0:21:24.560 you when you heard the word guilty and then when 0:21:24.560 --> 0:21:28.880 they sentence you to over two times the maximum sentence. 0:21:28.960 --> 0:21:30.800 As it relates to the moment the jury came back 0:21:30.800 --> 0:21:32.560 with the conviction. I watched my. 0:21:32.560 --> 0:21:35.560 Wife cry, I watched my daughter cry, the guy put 0:21:35.640 --> 0:21:39.240 handcuffs on me. I watched my sister cry. I watched 0:21:39.240 --> 0:21:42.040 a lot of friends and relatives, you know, I felt 0:21:42.080 --> 0:21:45.200 bad for them. The pre sence investigation came back with 0:21:45.280 --> 0:21:48.520 a minimum of five years in a maximum of twenty years, 0:21:48.880 --> 0:21:51.080 and the judge gave me a forty five year sentence. 0:21:51.320 --> 0:21:52.200 He went over one. 0:21:52.119 --> 0:21:55.199 Hundred percent past the maximum sentence that was recommended, and 0:21:55.240 --> 0:21:58.320 he went over nine hundred percent passed the minimum sentence 0:21:58.359 --> 0:22:00.760 that was recommended, which was five years. And I don't 0:22:00.760 --> 0:22:03.240 think anyone's ever receive the forty five year sentence for 0:22:03.320 --> 0:22:23.200 involuntary man's form. In prison, you're either World four sheep, 0:22:23.520 --> 0:22:27.280 especially in the maximum security state prison. And so the fights, 0:22:27.359 --> 0:22:32.520 the stabbings, the gangs, the deaths, the atrocious conditions, the 0:22:32.600 --> 0:22:35.760 mental stress, the anxiety, you name it. And you know, 0:22:35.800 --> 0:22:37.720 no matter what happens to me, I'm fine with what 0:22:37.800 --> 0:22:39.920 happens to me. But I knew that my family was 0:22:39.960 --> 0:22:42.120 going to go through the fire with me, because when 0:22:42.119 --> 0:22:45.200 a family member goes to prison, you know, in actuality, 0:22:45.240 --> 0:22:45.720