1 00:00:02,000 --> 00:00:02,680 Speaker 1: At two a m. 2 00:00:02,800 --> 00:00:06,680 Speaker 2: On June eighteenth, twenty fourteen, Oklahoma City police officer Daniel 3 00:00:06,680 --> 00:00:09,799 Speaker 2: Holsclaw finished up his shift. On his way home in 4 00:00:09,880 --> 00:00:12,520 Speaker 2: his police cruiser, he pulled over fifty seven year old 5 00:00:12,560 --> 00:00:15,800 Speaker 2: Janny Liggins for a traffic violation at a busy intersection 6 00:00:16,079 --> 00:00:20,040 Speaker 2: where surveillance footage shows a normal traffic stop. Around three 7 00:00:20,040 --> 00:00:23,480 Speaker 2: hours later, Miss Wiggins filed a complaint claiming that an 8 00:00:23,520 --> 00:00:26,920 Speaker 2: officer forced her into oral sodomy. Her mouth swap came 9 00:00:26,960 --> 00:00:30,120 Speaker 2: up empty for Daniel's DNA, as did his uniform for hers, 10 00:00:30,400 --> 00:00:34,720 Speaker 2: but this allegation inexplicably launched an investigation focused on at 11 00:00:34,800 --> 00:00:37,599 Speaker 2: risk African American women that Daniel had made contact with, 12 00:00:37,880 --> 00:00:42,560 Speaker 2: bringing forth twenty one alleged victims, including one man. Daniel 13 00:00:42,600 --> 00:00:45,239 Speaker 2: became a rallying cry for everyone who doesn't want to 14 00:00:45,320 --> 00:00:48,840 Speaker 2: see any cop abusing their power or sexually assaulting women. 15 00:00:49,400 --> 00:00:52,400 Speaker 2: It all seemed to fit a grim and growing narrative, and. 16 00:00:52,400 --> 00:00:53,840 Speaker 1: A media circus ensued. 17 00:00:54,520 --> 00:00:57,480 Speaker 2: At first, and I'm embarrassed to admit this, I jumped 18 00:00:57,560 --> 00:01:00,440 Speaker 2: right on board, thinking good, they got him, But upon 19 00:01:00,480 --> 00:01:03,960 Speaker 2: the persistent urging of his sister Jennifer, and admittedly through 20 00:01:04,000 --> 00:01:07,520 Speaker 2: my own reluctant closer. Look, we now have a case 21 00:01:07,680 --> 00:01:10,839 Speaker 2: that turns that abusive cop narrative right on its head. 22 00:01:11,800 --> 00:01:14,880 Speaker 2: In this amazing and alarming episode, we will speak with 23 00:01:14,959 --> 00:01:19,320 Speaker 2: Daniel's sister, Jennifer Holsklaw biologist Erika Feusch, and will also 24 00:01:19,440 --> 00:01:22,840 Speaker 2: take a phone call from an undisclosed correctional facility from 25 00:01:22,880 --> 00:01:26,559 Speaker 2: former Oklahoma City police officer Daniel Holsklaw, who is currently 26 00:01:26,640 --> 00:01:29,360 Speaker 2: serving a two hundred and sixty three year prison sentence 27 00:01:29,400 --> 00:01:33,000 Speaker 2: in a maximum security prison under assumed name for crimes 28 00:01:33,120 --> 00:01:46,560 Speaker 2: he did not commit. This is wrongful conviction. Welcome back 29 00:01:46,600 --> 00:01:51,600 Speaker 2: to wrongful Conviction. Today's episode is going to mess up 30 00:01:51,760 --> 00:01:54,720 Speaker 2: your perceptions of everything, just as it did to me. 31 00:01:55,240 --> 00:01:58,360 Speaker 2: It's a tragic miscarriage of justice, but it's also an 32 00:01:58,360 --> 00:02:03,840 Speaker 2: insane journey through through a very different lens than. 33 00:02:03,720 --> 00:02:05,120 Speaker 1: We've ever covered before. 34 00:02:05,840 --> 00:02:08,120 Speaker 2: And today we're going to be talking about the case 35 00:02:08,240 --> 00:02:13,239 Speaker 2: of Daniel Holsklaw, wrongfully convicted, a former police officer from 36 00:02:13,280 --> 00:02:18,400 Speaker 2: Oklahoma City, and he's on the phone. So Daniel, I'm 37 00:02:18,440 --> 00:02:20,679 Speaker 2: sorry you're here, but I'm glad you're on the phone. 38 00:02:20,880 --> 00:02:23,840 Speaker 3: I appreciate you guys having me on and my loved 39 00:02:23,840 --> 00:02:26,880 Speaker 3: one and be able to have out the opportunity and 40 00:02:26,960 --> 00:02:29,600 Speaker 3: definitely think and express. 41 00:02:29,320 --> 00:02:32,600 Speaker 2: My NiTi well, we hope to be part of the solution. 42 00:02:32,800 --> 00:02:37,400 Speaker 2: And with us in the studio, we have two extraordinary women. 43 00:02:37,720 --> 00:02:41,200 Speaker 2: One is a biologist, Erica Fusch, welcome. 44 00:02:40,840 --> 00:02:42,320 Speaker 4: To the show, Thank you, Jason. 45 00:02:42,720 --> 00:02:46,280 Speaker 2: And with her is one of the most persistent and 46 00:02:46,400 --> 00:02:50,480 Speaker 2: brave women I've come across, the sister of Daniel. Jennifer's 47 00:02:50,520 --> 00:02:52,760 Speaker 2: here and without you, I can honestly say this wouldn't 48 00:02:52,760 --> 00:02:53,200 Speaker 2: be happening. 49 00:02:53,280 --> 00:02:54,760 Speaker 4: Thank you for giving us the time. 50 00:02:54,760 --> 00:02:58,040 Speaker 2: Nor your courage is inspiring. And Daniel's same for you. 51 00:02:59,080 --> 00:03:02,000 Speaker 2: So let's talk about this crazy case. And this was 52 00:03:02,040 --> 00:03:05,799 Speaker 2: a national news story, international, I guess right. And at 53 00:03:05,800 --> 00:03:07,799 Speaker 2: the time, and I'm really sorry to say this day, 54 00:03:07,960 --> 00:03:09,359 Speaker 2: but at the time that I saw it had come 55 00:03:09,360 --> 00:03:12,200 Speaker 2: across my screen, I was like, oh, well, I mean, okay, 56 00:03:12,360 --> 00:03:15,360 Speaker 2: they got this guy, you know, like, because the narrative 57 00:03:15,440 --> 00:03:18,640 Speaker 2: was always the same and me, of all people should 58 00:03:18,720 --> 00:03:22,520 Speaker 2: not have bought into it. But it was an inexorable 59 00:03:22,840 --> 00:03:27,160 Speaker 2: barrage of information that was all one sided. And Daniel, 60 00:03:27,160 --> 00:03:30,720 Speaker 2: your sister, your amazing sister, you know, wouldn't leave me alone. 61 00:03:30,720 --> 00:03:32,400 Speaker 2: And at first I was like, can you leave me alone? 62 00:03:32,480 --> 00:03:34,640 Speaker 2: And she was like, no, I can't. And I was like, 63 00:03:34,680 --> 00:03:36,240 Speaker 2: but I want you to. And then once I got 64 00:03:36,320 --> 00:03:37,800 Speaker 2: into it and I started talking to Eric and I 65 00:03:37,800 --> 00:03:39,920 Speaker 2: started talking to others, and I was like, oh my god, 66 00:03:39,960 --> 00:03:41,360 Speaker 2: he's as innocent as could be. 67 00:03:41,960 --> 00:03:43,560 Speaker 1: This is terrible. That's why we're here. 68 00:03:44,120 --> 00:03:46,600 Speaker 2: You're on the force for three years. And this whole 69 00:03:46,600 --> 00:03:51,920 Speaker 2: thing happened in what year, twenty fourteen, which was a 70 00:03:52,080 --> 00:03:56,200 Speaker 2: very fraught time. So we say a lot of controversy 71 00:03:56,200 --> 00:04:00,839 Speaker 2: around Ferguson and other which you know used to this day. 72 00:04:00,880 --> 00:04:02,680 Speaker 2: Of course, there's a lot of stuff that still has 73 00:04:02,720 --> 00:04:05,440 Speaker 2: to be worked out as it relates to the relationships 74 00:04:05,520 --> 00:04:08,880 Speaker 2: between various police departments and the people they serve and protect. 75 00:04:09,200 --> 00:04:11,000 Speaker 5: It was rough, you know, they're at the what you 76 00:04:11,200 --> 00:04:13,880 Speaker 5: centered far as the atmosphere and the environment at that 77 00:04:13,960 --> 00:04:17,719 Speaker 5: time with the Ferguson deal, I mean, cops down days 78 00:04:17,720 --> 00:04:22,520 Speaker 5: are perceived as racist, corrupt, something's wrong with them. It's 79 00:04:22,560 --> 00:04:24,640 Speaker 5: not like back in the old days where God costs 80 00:04:24,640 --> 00:04:27,720 Speaker 5: were honored, you know, as a priceful job. You know this, 81 00:04:28,000 --> 00:04:30,520 Speaker 5: this this guy is a good guy. That's some more 82 00:04:30,560 --> 00:04:33,800 Speaker 5: along the lines of being skeptical. You know, and so 83 00:04:35,320 --> 00:04:38,520 Speaker 5: again the Ferguson deal, what happened then the Baltimore deal 84 00:04:38,640 --> 00:04:41,480 Speaker 5: was going on there, so it was literally by as 85 00:04:41,480 --> 00:04:43,360 Speaker 5: a storm and that situation. 86 00:04:43,839 --> 00:04:46,719 Speaker 2: I mean, I grew up, you know, obviously respecting anyone 87 00:04:46,760 --> 00:04:49,240 Speaker 2: in a uniform, but especially police officers. And you know, 88 00:04:49,279 --> 00:04:51,599 Speaker 2: there are some bad apples. So of course when that 89 00:04:51,839 --> 00:04:55,039 Speaker 2: stuff goes gets out on video, the public is going 90 00:04:55,080 --> 00:04:57,720 Speaker 2: to react because it's it's a betrayal of a very 91 00:04:57,760 --> 00:05:00,280 Speaker 2: serious level of trust. But is not to say that 92 00:05:00,360 --> 00:05:03,080 Speaker 2: the overwhelming majority of police officers aren't out there doing 93 00:05:03,080 --> 00:05:05,599 Speaker 2: the good job, risking their lives and performing a service 94 00:05:05,640 --> 00:05:11,159 Speaker 2: that we all need. You were ultimately convicted of false 95 00:05:11,279 --> 00:05:14,880 Speaker 2: charges related to eight different cases, So they got it 96 00:05:14,920 --> 00:05:18,320 Speaker 2: wrong eight times, and actually more than that when you 97 00:05:18,320 --> 00:05:21,160 Speaker 2: think about it, because there were numerous charges on most 98 00:05:21,160 --> 00:05:23,560 Speaker 2: of those cases anyway, or all of them. So yeah, 99 00:05:23,560 --> 00:05:26,880 Speaker 2: they got it wrong eight times, whatever number. I mean, 100 00:05:26,960 --> 00:05:29,919 Speaker 2: it's really that's scary, Jennifer, you want to jump in. 101 00:05:30,040 --> 00:05:34,360 Speaker 6: Yeah, yeah, it was definitely shocking to hear these allegations, 102 00:05:34,680 --> 00:05:37,280 Speaker 6: especially the first one. And the reason why I am 103 00:05:37,320 --> 00:05:39,880 Speaker 6: so passionate about is because when this first happened, I 104 00:05:39,920 --> 00:05:41,120 Speaker 6: wanted to know everything. 105 00:05:41,160 --> 00:05:43,080 Speaker 4: I wanted to read, all the transcripts. 106 00:05:43,080 --> 00:05:46,440 Speaker 6: I wanted to watch anything that can get my hand 107 00:05:46,480 --> 00:05:49,840 Speaker 6: on to see could my brother have really have done this? 108 00:05:50,480 --> 00:05:53,400 Speaker 6: And everything that I've looked into, everything that I've read 109 00:05:54,360 --> 00:05:56,920 Speaker 6: and knowing Daniel, and not just because he's my brother, 110 00:05:57,000 --> 00:05:59,920 Speaker 6: but just because the facts of everything that I put 111 00:05:59,920 --> 00:06:02,880 Speaker 6: my hands on or I could touch, nothing pointed to 112 00:06:02,960 --> 00:06:03,719 Speaker 6: Daniel's guilt. 113 00:06:03,839 --> 00:06:05,560 Speaker 4: And that's what really got me. 114 00:06:05,880 --> 00:06:07,640 Speaker 6: And I say this to this day, if there was 115 00:06:07,680 --> 00:06:11,400 Speaker 6: anything that proved or showed anything, I would back out 116 00:06:11,480 --> 00:06:13,880 Speaker 6: and see, Dane, you deserve every second being in prison 117 00:06:13,960 --> 00:06:16,839 Speaker 6: forever doing this to a woman. And I haven't found 118 00:06:16,839 --> 00:06:19,840 Speaker 6: one single thing that pointed me to say that Dale 119 00:06:19,920 --> 00:06:22,280 Speaker 6: did any of the crimes that he has been convicted of. 120 00:06:22,760 --> 00:06:25,800 Speaker 6: And so that's why I am very passionate about this 121 00:06:25,920 --> 00:06:27,719 Speaker 6: and I will fight till the day I die to 122 00:06:27,720 --> 00:06:28,560 Speaker 6: get my brother out. 123 00:06:28,960 --> 00:06:33,760 Speaker 2: So this started when Janny Liggins. She was a woman 124 00:06:33,800 --> 00:06:36,960 Speaker 2: that Daniel pulled over. Right, And Jenny, you've obviously been 125 00:06:37,000 --> 00:06:38,840 Speaker 2: so deep in this ever since it happened. You want 126 00:06:38,880 --> 00:06:41,160 Speaker 2: to walk us through this because it's really weird, right. 127 00:06:41,200 --> 00:06:46,040 Speaker 2: The video evidence doesn't match, the descriptions, don't match like 128 00:06:47,120 --> 00:06:47,839 Speaker 2: what happened. 129 00:06:48,560 --> 00:06:50,680 Speaker 4: So Danielle got off of work about two am. That 130 00:06:50,800 --> 00:06:51,680 Speaker 4: was his normal shift. 131 00:06:51,960 --> 00:06:54,200 Speaker 6: And it was proven and trial that when Dale would 132 00:06:54,200 --> 00:06:56,440 Speaker 6: get off of work they looked through his system. He 133 00:06:56,480 --> 00:06:58,960 Speaker 6: would normally just turn off his laptop and head home. 134 00:06:59,279 --> 00:07:01,480 Speaker 6: It was nothing that farius that he did that night 135 00:07:01,560 --> 00:07:04,160 Speaker 6: that he pulled Jannie Liggins over on his way home 136 00:07:04,320 --> 00:07:06,279 Speaker 6: not too far from the police department. He saw a 137 00:07:06,320 --> 00:07:09,640 Speaker 6: car swerving. Tenant windows limo tint at two am, you 138 00:07:09,680 --> 00:07:11,520 Speaker 6: can't see through those tenant windows, So it's not like 139 00:07:11,600 --> 00:07:16,000 Speaker 6: Daniel targeted a woman driving, so he pulled over, questioned her. 140 00:07:16,480 --> 00:07:18,720 Speaker 6: He had asked her if he could search her car. 141 00:07:19,200 --> 00:07:22,920 Speaker 6: He brought her to his police vehicle and then he 142 00:07:23,000 --> 00:07:26,160 Speaker 6: searched the car. He did say that he saw hydro 143 00:07:26,240 --> 00:07:29,360 Speaker 6: codon bottles and then he did a whole search. Is 144 00:07:29,360 --> 00:07:32,320 Speaker 6: there anything underneath your bra The class been shake and 145 00:07:32,560 --> 00:07:35,360 Speaker 6: she did that looking for drugs, looking for drugs and 146 00:07:35,400 --> 00:07:40,600 Speaker 6: any weapons. And everything that Daniel claimed had happened matched 147 00:07:40,680 --> 00:07:43,920 Speaker 6: up to what Jannie Leggan said. Besides the sexual assault, 148 00:07:44,160 --> 00:07:45,880 Speaker 6: Jennie Liggins claimed that when she was in the back 149 00:07:45,920 --> 00:07:49,480 Speaker 6: of Daniel's vehicle that Dale made her perform oral sex 150 00:07:49,880 --> 00:07:52,800 Speaker 6: right where he had pulled her over. There's a security 151 00:07:52,800 --> 00:07:56,840 Speaker 6: building that there's a grainy video on YouTube right now 152 00:07:56,920 --> 00:07:59,760 Speaker 6: that you can see the traffic stop and you can't 153 00:07:59,760 --> 00:08:02,920 Speaker 6: see everything. You can to see a police officer pulling 154 00:08:02,920 --> 00:08:04,880 Speaker 6: her over. He had his lights on, he never turned 155 00:08:04,880 --> 00:08:07,160 Speaker 6: his lights off. And it was right on a busy 156 00:08:07,480 --> 00:08:10,960 Speaker 6: intersection off of fiftieth in Lincoln in Oklahoma City. And 157 00:08:11,640 --> 00:08:14,480 Speaker 6: there was actually an off duty cop that does like 158 00:08:14,520 --> 00:08:17,400 Speaker 6: a side shop that is a security for that security building. 159 00:08:17,880 --> 00:08:20,560 Speaker 6: So it's not like Daniel pulled this person over on 160 00:08:20,920 --> 00:08:24,440 Speaker 6: a side street. It was a busy intersection and Daniel 161 00:08:25,000 --> 00:08:28,120 Speaker 6: let her go. And the following morning is when she 162 00:08:28,240 --> 00:08:30,000 Speaker 6: made the claims about the sexual assault. 163 00:08:30,320 --> 00:08:34,040 Speaker 7: A little later that morning, actually, I think, yeah, free hours, which. 164 00:08:33,920 --> 00:08:36,839 Speaker 2: Is a significant point, right because we have with us 165 00:08:36,920 --> 00:08:39,800 Speaker 2: in the room, as I introduced you before, a respected 166 00:08:40,200 --> 00:08:43,080 Speaker 2: biologist whose works in this field. 167 00:08:43,240 --> 00:08:46,640 Speaker 7: Well, looking at this from the biologist, what was important 168 00:08:46,679 --> 00:08:50,080 Speaker 7: for me to see is that Jannie Liggans made claims 169 00:08:50,120 --> 00:08:53,040 Speaker 7: that were not supported by the forensic evidence. She had 170 00:08:53,040 --> 00:08:56,320 Speaker 7: a same kit done that morning and was interviewed by 171 00:08:56,559 --> 00:08:59,600 Speaker 7: a female sex crimes detective and the same kit ultimately 172 00:08:59,640 --> 00:09:04,000 Speaker 7: came back negative. There was no DNA from Daniel found 173 00:09:04,120 --> 00:09:07,600 Speaker 7: around Janie's mouth and the swabs there, and during the 174 00:09:07,679 --> 00:09:12,000 Speaker 7: trial the forensic analyst actually said unfortunately there was no 175 00:09:12,120 --> 00:09:15,120 Speaker 7: DNA from Daniel, which showed her bias. Janie Niggins had 176 00:09:15,160 --> 00:09:17,920 Speaker 7: said that Daniel had placed his hands on the car 177 00:09:18,040 --> 00:09:19,960 Speaker 7: and she had placed her hands in the patrol car, 178 00:09:20,080 --> 00:09:24,560 Speaker 7: but fingerprint analysis and DNA was not found matching either 179 00:09:24,600 --> 00:09:27,280 Speaker 7: of them on the car, so her descriptions did not 180 00:09:27,559 --> 00:09:30,680 Speaker 7: match what was found with the forensic evidence. There was 181 00:09:30,720 --> 00:09:34,280 Speaker 7: no forensic evidence supporting what she said happened, and later 182 00:09:34,320 --> 00:09:38,520 Speaker 7: it was discovered after this stop that Daniel did. When 183 00:09:38,640 --> 00:09:43,240 Speaker 7: Jannie talked with the sex crimes detective Detective Davis, Jannie 184 00:09:43,280 --> 00:09:46,160 Speaker 7: disclosed that she had been smoking pot earlier that day, 185 00:09:46,280 --> 00:09:49,079 Speaker 7: and she described the police officer as having blonde hair 186 00:09:49,520 --> 00:09:51,280 Speaker 7: and being shorter. 187 00:09:51,600 --> 00:09:53,960 Speaker 4: It just didn't match right Daniel. 188 00:09:54,240 --> 00:09:56,320 Speaker 2: I mean, she must have been high as a kite, 189 00:09:56,600 --> 00:10:00,679 Speaker 2: because if Daniel's blonde, then you know, I'm the Prime 190 00:10:00,720 --> 00:10:02,880 Speaker 2: Minister of Egypt, you know what I mean. Like, he 191 00:10:02,920 --> 00:10:06,400 Speaker 2: has dark hair obviously, and Shorty's six to two, So 192 00:10:06,520 --> 00:10:08,600 Speaker 2: none of this stuff makes any sense. How could you 193 00:10:08,679 --> 00:10:10,480 Speaker 2: get that wrong. You get a lot of things wrong. 194 00:10:10,520 --> 00:10:12,360 Speaker 2: You can't get blonde to black hair wrong. 195 00:10:12,960 --> 00:10:18,400 Speaker 7: And ultimately the detectives used Daniel's own police records specifically 196 00:10:18,840 --> 00:10:22,160 Speaker 7: looking for African American women he had stopped who had 197 00:10:22,200 --> 00:10:26,720 Speaker 7: criminal histories, and the detectives went and questioned over forty 198 00:10:26,920 --> 00:10:31,840 Speaker 7: women fitting this profile and then got allegations from them 199 00:10:31,880 --> 00:10:34,120 Speaker 7: to add to this initial allegation they had. 200 00:10:34,320 --> 00:10:36,200 Speaker 1: So then they went fishing. 201 00:10:39,400 --> 00:10:41,160 Speaker 8: Hello, this is detective days. 202 00:10:42,040 --> 00:10:45,800 Speaker 6: I have received a tiptive being clear on the thumb 203 00:10:45,840 --> 00:10:46,439 Speaker 6: when we talked. 204 00:10:46,440 --> 00:10:47,240 Speaker 5: Oyah, quite clear. 205 00:10:47,280 --> 00:10:48,640 Speaker 7: But like I said, that's the only time that. 206 00:10:48,640 --> 00:10:49,480 Speaker 2: I had that happened to me. 207 00:10:50,040 --> 00:10:51,800 Speaker 8: Both they said to me that was. 208 00:10:51,720 --> 00:10:53,200 Speaker 5: A black office. 209 00:10:52,760 --> 00:10:55,719 Speaker 8: I work in sext fronts and I've been working in 210 00:10:55,840 --> 00:10:59,680 Speaker 8: some cases and I received a tip that you may 211 00:10:59,760 --> 00:11:02,640 Speaker 8: have been sexually assaulted by a police officer. 212 00:11:02,880 --> 00:11:04,680 Speaker 7: Because I've had to go to a lot of women 213 00:11:05,320 --> 00:11:07,040 Speaker 7: they didn't come forward, I've had. 214 00:11:06,880 --> 00:11:11,760 Speaker 6: To go find and only one race. That's what infuriates me. 215 00:11:12,240 --> 00:11:14,440 Speaker 6: Why did they only question one race? If they were 216 00:11:14,480 --> 00:11:16,959 Speaker 6: really wanting to figure out if he's a serial rapist, 217 00:11:16,960 --> 00:11:18,480 Speaker 6: why didn't the other races matter? 218 00:11:18,760 --> 00:11:18,960 Speaker 1: You know? 219 00:11:19,000 --> 00:11:20,640 Speaker 4: Why did they only question one? 220 00:11:20,760 --> 00:11:20,880 Speaker 1: So? 221 00:11:21,280 --> 00:11:23,040 Speaker 4: Right, that's very frustrating for me. 222 00:11:23,240 --> 00:11:26,400 Speaker 7: Yeah, it's disturbing because the lieutenant who was in charge 223 00:11:26,400 --> 00:11:29,160 Speaker 7: of the investigation, and it says this during the trial, 224 00:11:29,240 --> 00:11:32,520 Speaker 7: the lieutenant specifically looked back through six months of Daniel's 225 00:11:32,520 --> 00:11:36,200 Speaker 7: police records and created a list of the African American women, 226 00:11:36,360 --> 00:11:39,839 Speaker 7: specifically African American women quote who had a drug history, 227 00:11:39,880 --> 00:11:44,000 Speaker 7: prostitution history, or a significant criminal history whom Daniel had stopped. 228 00:11:44,480 --> 00:11:49,640 Speaker 7: So people presumed Daniel was guilty of racism, when in fact, 229 00:11:49,640 --> 00:11:54,040 Speaker 7: it was the detectives who were targeting African American women 230 00:11:54,080 --> 00:11:58,160 Speaker 7: at risk African American women, encouraging them to make allegations 231 00:11:58,200 --> 00:12:00,800 Speaker 7: against Daniel as they were railroading Daniel, right. 232 00:12:00,720 --> 00:12:04,120 Speaker 2: And they brought these women in and the videos are 233 00:12:04,200 --> 00:12:07,160 Speaker 2: as troubling as the audience who's listening now probably thinks 234 00:12:07,200 --> 00:12:09,800 Speaker 2: they are right. There's one who's stuck in my head. 235 00:12:09,840 --> 00:12:12,600 Speaker 2: I've forgotten her name, but who came in and said 236 00:12:12,720 --> 00:12:15,360 Speaker 2: the seven times she was asked, did anything happen? And 237 00:12:15,440 --> 00:12:18,760 Speaker 2: seven times she said no, And then eventually they got 238 00:12:18,760 --> 00:12:19,920 Speaker 2: her to change her story. 239 00:12:20,880 --> 00:12:23,840 Speaker 7: She then said that the only officer who'd been inappropriate 240 00:12:23,920 --> 00:12:26,720 Speaker 7: was a black police officer several years ago who exposed 241 00:12:26,800 --> 00:12:29,640 Speaker 7: himself to her, and then the detective kept on questioning, 242 00:12:29,679 --> 00:12:33,320 Speaker 7: and ultimately this woman then claimed that Daniel had wanted 243 00:12:33,360 --> 00:12:36,080 Speaker 7: her to lift up her bra. He didn't say anything, 244 00:12:36,080 --> 00:12:38,760 Speaker 7: but she just did it, and that was the whole allegation. 245 00:12:39,120 --> 00:12:42,520 Speaker 7: He didn't even tell her. She just thought that she's 246 00:12:42,520 --> 00:12:45,840 Speaker 7: supposed to. So that was glossed over by the detectives. 247 00:12:45,880 --> 00:12:48,280 Speaker 7: I don't think that the detective reported that she actually 248 00:12:48,280 --> 00:12:51,600 Speaker 7: accused a black police officer, just jumped instead right ahead 249 00:12:51,600 --> 00:12:54,559 Speaker 7: to saying that Daniel had done something right. 250 00:12:54,640 --> 00:12:57,600 Speaker 2: And the number were just summarily dismissed because they were 251 00:12:57,640 --> 00:12:59,760 Speaker 2: so ridiculous that they couldn't even take him to trial. 252 00:13:00,160 --> 00:13:03,040 Speaker 7: There were eight people who made allegations against Daniel, and 253 00:13:03,080 --> 00:13:06,240 Speaker 7: those allegations were weeded out right away, And so these 254 00:13:06,280 --> 00:13:08,880 Speaker 7: were eight allegations made that never went a trial, and 255 00:13:08,880 --> 00:13:11,760 Speaker 7: then the trial there were thirteen allegations. Five of them 256 00:13:11,840 --> 00:13:16,320 Speaker 7: led to acquittals, and the eight that ended up causing 257 00:13:16,360 --> 00:13:19,440 Speaker 7: convictions had numerous problems in them. Like Jenny mentioned one 258 00:13:19,440 --> 00:13:22,120 Speaker 7: of the women saying that it was a shorter police 259 00:13:22,480 --> 00:13:25,480 Speaker 7: officer who was black, a shade darker than her own 260 00:13:25,520 --> 00:13:29,239 Speaker 7: skin color, and leone got the most number of YEW 261 00:13:29,320 --> 00:13:31,600 Speaker 7: years for her allegations. 262 00:13:31,679 --> 00:13:35,080 Speaker 2: Right, so you were mistaken for a short, black guy. 263 00:13:35,840 --> 00:13:38,839 Speaker 2: And anyone who hasn't already seen pictures of Daniel take 264 00:13:38,880 --> 00:13:41,120 Speaker 2: a look. I mean he as a linebacker and he's 265 00:13:41,120 --> 00:13:43,600 Speaker 2: the six to two, very bulky guy who's Asian. 266 00:13:44,040 --> 00:13:45,160 Speaker 1: I mean, this is not. 267 00:13:45,200 --> 00:13:52,679 Speaker 2: Confusing, right, this is nuts. This is absolutely nuts. But 268 00:13:52,760 --> 00:13:56,480 Speaker 2: with the sheer number of allegations seeming so overwhelming, it's 269 00:13:56,559 --> 00:13:59,720 Speaker 2: kind of understandable how that could have continued to cast 270 00:13:59,720 --> 00:14:03,120 Speaker 2: out on Daniel's innocence. After all, just because one allegation 271 00:14:03,200 --> 00:14:05,600 Speaker 2: is doubtful does not disprove another, which is why we 272 00:14:05,640 --> 00:14:08,480 Speaker 2: need to take a look at each allegation individually. I 273 00:14:08,520 --> 00:14:10,480 Speaker 2: also want to be clear that we're not here to 274 00:14:10,559 --> 00:14:13,600 Speaker 2: point at the alleged victim's life choices as evidence of. 275 00:14:13,520 --> 00:14:15,400 Speaker 1: Credibility or lack thereof. 276 00:14:15,840 --> 00:14:20,320 Speaker 2: Now, initially twenty one accusers came forward, but eight were 277 00:14:20,360 --> 00:14:25,080 Speaker 2: eliminated immediately as false allegations against Daniel. For example, one 278 00:14:25,120 --> 00:14:27,200 Speaker 2: of them alleged that Daniel had used his position as 279 00:14:27,240 --> 00:14:29,760 Speaker 2: a police officer as sexually assault her after he had 280 00:14:29,760 --> 00:14:33,040 Speaker 2: been put on administrative leave. Others later admitted to lying 281 00:14:33,360 --> 00:14:35,200 Speaker 2: including Shenise Barksdale. 282 00:14:35,600 --> 00:14:36,680 Speaker 5: So he never touched you. 283 00:14:38,520 --> 00:14:39,960 Speaker 2: I've never seen why. 284 00:14:41,000 --> 00:14:43,720 Speaker 9: I just felt bad for her, and I just wanted 285 00:14:43,760 --> 00:14:46,520 Speaker 9: to know like she wasn't the only victim or anything 286 00:14:47,000 --> 00:14:48,240 Speaker 9: you feel bad for whom I. 287 00:14:48,240 --> 00:14:51,680 Speaker 2: Don't know about the fifty cents and you found out 288 00:14:51,680 --> 00:14:58,640 Speaker 2: about her from one Facebook. Five of the remaining thirteen 289 00:14:58,680 --> 00:15:02,840 Speaker 2: accusations resulted in acquittal. For privacy protection, we will refer 290 00:15:02,880 --> 00:15:05,800 Speaker 2: to each of these accusers as quote acquittal and. 291 00:15:05,800 --> 00:15:06,960 Speaker 1: A corresponding number. 292 00:15:07,440 --> 00:15:10,440 Speaker 2: Acquittal one told investigators about an alleged assault made by 293 00:15:10,480 --> 00:15:13,520 Speaker 2: an officer in an area that Daniel had never patrolled. 294 00:15:13,680 --> 00:15:16,680 Speaker 2: When investigators fed her details and a timeline to match 295 00:15:16,720 --> 00:15:20,120 Speaker 2: Daniel's beat, she denied that story until getting arrested for 296 00:15:20,200 --> 00:15:23,600 Speaker 2: unrelated drug charges, at which time she decided to agree 297 00:15:23,680 --> 00:15:26,960 Speaker 2: to change her story to match the different location. Acquittal 298 00:15:26,960 --> 00:15:29,680 Speaker 2: two claimed to have flashed Officer holst Law her breasts, 299 00:15:29,920 --> 00:15:32,320 Speaker 2: thinking that was what he wanted, even though he had 300 00:15:32,320 --> 00:15:36,680 Speaker 2: not requested it. She denied any inappropriate contact. Then she 301 00:15:36,760 --> 00:15:40,360 Speaker 2: told investigators about an alleged indecent exposure by a black 302 00:15:40,400 --> 00:15:44,320 Speaker 2: police officer. Acquittal three claimed that Daniel had raped her 303 00:15:44,360 --> 00:15:47,520 Speaker 2: for twenty to thirty minutes and orally sodomized her through 304 00:15:47,560 --> 00:15:50,800 Speaker 2: the unzipped fly of his pants. This alleged incident would 305 00:15:50,800 --> 00:15:54,720 Speaker 2: have happened just hours before the Janny Liggans traffic stop. However, 306 00:15:54,960 --> 00:15:57,800 Speaker 2: there was no match to her DNA either, as well 307 00:15:57,920 --> 00:16:00,880 Speaker 2: as no evidence of body fluid on Daniel's fly. She 308 00:16:01,000 --> 00:16:03,720 Speaker 2: also said that her attacker had ticketed her one year prior. 309 00:16:04,280 --> 00:16:05,360 Speaker 2: Daniel had never. 310 00:16:05,240 --> 00:16:06,120 Speaker 1: Ticketed this woman. 311 00:16:06,880 --> 00:16:09,960 Speaker 2: Acquittal four claimed that Daniel groped her breast, but described 312 00:16:09,960 --> 00:16:13,440 Speaker 2: the alleged groper as quote part Hispanic and having quote 313 00:16:13,440 --> 00:16:16,560 Speaker 2: slightly gray hair. She also testified in quote that lying 314 00:16:16,680 --> 00:16:19,320 Speaker 2: and giving false social security numbers to the police. 315 00:16:19,240 --> 00:16:20,600 Speaker 1: Is appropriate behavior. 316 00:16:21,480 --> 00:16:25,119 Speaker 2: Lastly, Daniel friended a message with Acquittal five on Facebook 317 00:16:25,200 --> 00:16:28,240 Speaker 2: after an incident involving an overdose on PCP in which 318 00:16:28,280 --> 00:16:32,080 Speaker 2: Acquittal five disposed of the substance by eating a glass 319 00:16:32,160 --> 00:16:35,640 Speaker 2: vial full of it. In fact, Daniel escorted her life 320 00:16:35,640 --> 00:16:37,480 Speaker 2: saving ambulance ride to the hospital. 321 00:16:38,080 --> 00:16:38,920 Speaker 1: In her police. 322 00:16:38,680 --> 00:16:41,480 Speaker 2: Interview, she claimed that while she was recovering from that incident, 323 00:16:41,600 --> 00:16:45,080 Speaker 2: Daniel allegedly forced her into oralsodomy while she was handcuffed 324 00:16:45,120 --> 00:16:47,480 Speaker 2: to her bed in a busy hospital. This is what 325 00:16:47,560 --> 00:16:49,400 Speaker 2: she said on her way out of that interview. 326 00:16:50,120 --> 00:16:51,360 Speaker 1: So this is good evidence. 327 00:16:51,640 --> 00:16:55,080 Speaker 6: Well you tell me, I think so, because I mean, 328 00:16:55,440 --> 00:16:58,960 Speaker 6: even if he didn't like even right, no about. 329 00:16:58,720 --> 00:17:00,200 Speaker 7: Eleven, he fit yea. 330 00:17:02,840 --> 00:17:05,800 Speaker 2: So all five of these allegations ended in acquittal of 331 00:17:05,880 --> 00:17:09,560 Speaker 2: the original twenty one accusers. Eight allegations resulted in convictions, 332 00:17:09,720 --> 00:17:12,680 Speaker 2: and we are going to now one by one examine 333 00:17:12,680 --> 00:17:15,920 Speaker 2: the facts of each case. Again, for protection of privacy, 334 00:17:16,000 --> 00:17:19,120 Speaker 2: we refer to all as conviction and a corresponding number. 335 00:17:19,680 --> 00:17:22,760 Speaker 2: You're already aware of Conviction one. Jenny Leggins, whom we 336 00:17:22,880 --> 00:17:26,920 Speaker 2: covered earlier. Conviction two, alleged that Daniel had orally sodomized 337 00:17:26,960 --> 00:17:29,960 Speaker 2: her near a public park, then transported her inside the 338 00:17:30,040 --> 00:17:33,080 Speaker 2: public park by a closed school, and proceeded to rape 339 00:17:33,119 --> 00:17:35,600 Speaker 2: her for five to ten minutes. This is how she 340 00:17:35,760 --> 00:17:36,760 Speaker 2: described her attacker. 341 00:17:37,000 --> 00:17:38,679 Speaker 9: Tell me your description of him. 342 00:17:39,200 --> 00:17:44,200 Speaker 6: He's black man, muscular, muscular, So you think he's shorter 343 00:17:44,359 --> 00:17:44,560 Speaker 6: than you? 344 00:17:45,119 --> 00:17:46,879 Speaker 8: Yeah, okay, I'll tell you. 345 00:17:47,680 --> 00:17:50,440 Speaker 5: Even what kind of car did he have? 346 00:17:50,880 --> 00:17:53,920 Speaker 6: A black and white black and white cor Oklahoma City 347 00:17:53,960 --> 00:17:54,639 Speaker 6: Police Corps. 348 00:17:55,160 --> 00:17:57,480 Speaker 2: Daniel also had made contact with her at some point 349 00:17:57,560 --> 00:17:59,640 Speaker 2: near that old school in the public park, but when 350 00:17:59,680 --> 00:18:03,480 Speaker 2: he did. His Automatic Vehicle locator or AVL, a GPS 351 00:18:03,560 --> 00:18:06,280 Speaker 2: device attracts the movements of police cars, says that his 352 00:18:06,480 --> 00:18:09,440 Speaker 2: car stopped for less than four minutes, not five to ten. 353 00:18:09,720 --> 00:18:12,760 Speaker 2: He's also six two and half white, half Japanese, definitely 354 00:18:12,840 --> 00:18:17,119 Speaker 2: not shorter than five eleven, and definitely not black. Conviction 355 00:18:17,240 --> 00:18:19,440 Speaker 2: three claimed that Daniel allowed her to drive under the 356 00:18:19,520 --> 00:18:22,040 Speaker 2: influence while he followed her to her relative's house, at 357 00:18:22,080 --> 00:18:24,000 Speaker 2: which point she alleged that he drove her to the 358 00:18:24,119 --> 00:18:25,000 Speaker 2: end of the street. 359 00:18:24,800 --> 00:18:28,440 Speaker 1: And raped her. However, his AVL tells us that he 360 00:18:28,560 --> 00:18:31,840 Speaker 1: never drove on that street. Further, the duration of the 361 00:18:31,880 --> 00:18:32,760 Speaker 1: alleged rape. 362 00:18:32,640 --> 00:18:35,399 Speaker 2: Changed from quote a long time to quote five to 363 00:18:35,520 --> 00:18:38,320 Speaker 2: ten minutes, and then a trial to quote maybe about 364 00:18:38,359 --> 00:18:40,639 Speaker 2: three minutes or so. But when she and Daniel did 365 00:18:40,680 --> 00:18:43,440 Speaker 2: have an interaction, his AVL still would only allow for 366 00:18:43,520 --> 00:18:46,439 Speaker 2: a window of less than three minutes for a possible attack. 367 00:18:47,119 --> 00:18:50,400 Speaker 2: Conviction four alleged that when Daniel raped and orally sodomized 368 00:18:50,440 --> 00:18:52,639 Speaker 2: her in her room in a house, that she wiped 369 00:18:52,680 --> 00:18:56,360 Speaker 2: phlegm from that oralsodomy on a chair. The swab from 370 00:18:56,359 --> 00:18:59,200 Speaker 2: the chair, however, revealed the DNA profile of a mail 371 00:18:59,359 --> 00:19:02,840 Speaker 2: that was not Daniel. Conviction five claimed that her alleged 372 00:19:02,880 --> 00:19:07,040 Speaker 2: attacker drove the older model Oklahoma City PD black and white. However, 373 00:19:07,440 --> 00:19:11,880 Speaker 2: Daniel drove the newer all black Cruiser. Conviction six testified 374 00:19:11,920 --> 00:19:14,679 Speaker 2: that her attacker was a tan color like someone from India, 375 00:19:15,080 --> 00:19:17,840 Speaker 2: not dark, but not pale. She also claimed that he 376 00:19:17,920 --> 00:19:21,040 Speaker 2: made her expose herself. However, a witness claimed that she 377 00:19:21,200 --> 00:19:24,800 Speaker 2: was handcuffed at the start of their encounter. For Conviction seven, 378 00:19:24,920 --> 00:19:27,360 Speaker 2: there's no Dan Evans to speak of, but she did 379 00:19:27,520 --> 00:19:31,600 Speaker 2: change her story several times. At first, an officer allegedly 380 00:19:31,680 --> 00:19:35,400 Speaker 2: fondled her breast over her clothing. Then at a preliminary hearing, 381 00:19:35,480 --> 00:19:37,720 Speaker 2: she claimed that the groping was skinned to skin contact. 382 00:19:38,119 --> 00:19:42,240 Speaker 2: At trial, it was back to her over the clothing allegation. Finally, 383 00:19:42,800 --> 00:19:46,280 Speaker 2: the crux of the prosecution's case Conviction eight, a seventeen 384 00:19:46,359 --> 00:19:48,560 Speaker 2: year old girl who claimed that Daniel pat searched her, 385 00:19:48,920 --> 00:19:51,640 Speaker 2: inserted a finger in her vagina, and proceeded to rape 386 00:19:51,640 --> 00:19:53,920 Speaker 2: her through the unzipped fly of his buckled pants on 387 00:19:54,040 --> 00:19:57,000 Speaker 2: her mother's porch. This is what she had told her 388 00:19:57,080 --> 00:19:58,280 Speaker 2: mother about their encounter. 389 00:19:58,720 --> 00:20:00,680 Speaker 9: She said, it's really hot. 390 00:20:00,760 --> 00:20:03,080 Speaker 5: Cop he told me I had a couple of one, 391 00:20:03,359 --> 00:20:07,119 Speaker 5: but said, don't worry about it. She's really nicely affecting. 392 00:20:11,760 --> 00:20:14,439 Speaker 2: No body fluid was detected or observed on the fly 393 00:20:14,560 --> 00:20:18,159 Speaker 2: of his pants. However, a microscopic trace amount of her 394 00:20:18,280 --> 00:20:21,560 Speaker 2: DNA was found on his fly, along with DNA from 395 00:20:21,560 --> 00:20:25,280 Speaker 2: at least two other individuals, including at least one unknown male, 396 00:20:25,560 --> 00:20:28,520 Speaker 2: which goes to support the defensive theory that the presence 397 00:20:28,560 --> 00:20:31,320 Speaker 2: of her DNA on his fly can be explained by 398 00:20:31,400 --> 00:20:35,520 Speaker 2: secondary transfer transfer of DNA to objects or people through 399 00:20:35,560 --> 00:20:36,360 Speaker 2: an intermediary. 400 00:20:40,640 --> 00:20:43,560 Speaker 7: The main evidence in the case was DNA found on 401 00:20:43,680 --> 00:20:46,399 Speaker 7: the fly of Daniel's pants, but the DNA evidence on 402 00:20:46,480 --> 00:20:49,800 Speaker 7: the fly of the pants included no evidence of body fluid, 403 00:20:49,880 --> 00:20:52,760 Speaker 7: and ultimately, Daniel was accused of raping one woman through 404 00:20:52,760 --> 00:20:57,440 Speaker 7: the unzipped fly of those buckled pants, and there's no stains, 405 00:20:57,600 --> 00:21:01,119 Speaker 7: no deposits on them at all. That would make it 406 00:21:01,359 --> 00:21:04,159 Speaker 7: very unlikely that there had been any kind of sexual 407 00:21:04,200 --> 00:21:07,040 Speaker 7: assault to be able to give evidence. That's just a 408 00:21:07,119 --> 00:21:11,320 Speaker 7: low quantity of DNA that matches most closely with indirect 409 00:21:11,440 --> 00:21:12,480 Speaker 7: transfer of DNA. 410 00:21:12,840 --> 00:21:15,600 Speaker 2: Is it possible for Daniel to have done these crimes 411 00:21:15,640 --> 00:21:18,560 Speaker 2: and not left any trace of biological evidence. 412 00:21:18,160 --> 00:21:20,320 Speaker 7: Anywhere, I would say very unlikely. 413 00:21:20,680 --> 00:21:27,080 Speaker 2: This is so troubling because the idea that Daniel or 414 00:21:27,160 --> 00:21:31,320 Speaker 2: anyone could be convicted of eight different crimes with the 415 00:21:31,480 --> 00:21:35,200 Speaker 2: absence of any real biological evidence. And it takes you, 416 00:21:35,760 --> 00:21:39,879 Speaker 2: coming from Iowa, an outsider, to come in and do 417 00:21:40,200 --> 00:21:43,640 Speaker 2: the work that the forensic people should have and could 418 00:21:43,720 --> 00:21:46,159 Speaker 2: have very easily done in the first place. The mistakes, 419 00:21:46,160 --> 00:21:47,840 Speaker 2: there's so many mistakes that we don't have time to 420 00:21:47,880 --> 00:21:49,600 Speaker 2: cover it on this show. I mean, I have a 421 00:21:49,680 --> 00:21:52,600 Speaker 2: list of ninety five of them, right, and there's no 422 00:21:52,720 --> 00:21:54,639 Speaker 2: way we could talk for hours that we wouldn't cover 423 00:21:54,800 --> 00:21:57,600 Speaker 2: all of the mistakes that were made, both deliberate and 424 00:21:58,200 --> 00:21:59,200 Speaker 2: sloppy mistakes. 425 00:21:59,359 --> 00:22:01,720 Speaker 1: Right. So, but back to you. 426 00:22:02,119 --> 00:22:05,680 Speaker 7: When I looked at the news about the case, which 427 00:22:05,680 --> 00:22:07,919 Speaker 7: is how I found out about it, it was mentioning 428 00:22:08,000 --> 00:22:11,119 Speaker 7: how the prosecutors were so proud to have gotten convictions 429 00:22:11,200 --> 00:22:14,399 Speaker 7: on eight women's allegations based on a little bit of DNA. 430 00:22:15,000 --> 00:22:17,040 Speaker 7: The more I looked, I saw there's no evidence of 431 00:22:17,280 --> 00:22:20,200 Speaker 7: body fluids. And it turns out the forensic analysts just 432 00:22:20,320 --> 00:22:23,760 Speaker 7: looked at the pants with the bright light and magnifying 433 00:22:23,800 --> 00:22:27,399 Speaker 7: glass and saw there was no evidence of vaginal fluid 434 00:22:27,480 --> 00:22:30,200 Speaker 7: or body fluid, and then went right to testing just 435 00:22:30,280 --> 00:22:32,200 Speaker 7: the fly of the pants. She did not do any 436 00:22:32,240 --> 00:22:36,600 Speaker 7: control tests on other places on Daniel's uniform pants and belts. 437 00:22:37,080 --> 00:22:39,640 Speaker 7: The main problem I think at the Oklahoma City Police 438 00:22:39,680 --> 00:22:43,199 Speaker 7: Department is the detectives and then the prosecutors above them. 439 00:22:43,240 --> 00:22:46,480 Speaker 7: They just did not understand that DNA can transfer innocently. 440 00:22:47,160 --> 00:22:50,359 Speaker 7: So as soon as they found a mixture of DNA 441 00:22:50,520 --> 00:22:53,879 Speaker 7: on the fly of Daniel's pants, the police thought that 442 00:22:54,080 --> 00:22:58,040 Speaker 7: meant he was guilty of sexual conduct and therefore guilty 443 00:22:58,240 --> 00:23:01,320 Speaker 7: of sexual crimes. They wanted to then go out and 444 00:23:01,480 --> 00:23:05,480 Speaker 7: find the female who matched the major contributor to that 445 00:23:05,720 --> 00:23:09,000 Speaker 7: DNA mixture, assuming she was a victim. So they had 446 00:23:09,119 --> 00:23:12,639 Speaker 7: that mindset, that bias that developed into tunnel vision on 447 00:23:12,760 --> 00:23:15,359 Speaker 7: Daniel right from the beginning of the investigation, and then 448 00:23:15,440 --> 00:23:19,440 Speaker 7: went out and solicited allegations from women whom Daniel had stopped. 449 00:23:19,640 --> 00:23:23,040 Speaker 7: And it's no surprise that some of the women did remember, yes, 450 00:23:23,160 --> 00:23:27,000 Speaker 7: they were stopped by Daniel, because they had been contacted 451 00:23:27,080 --> 00:23:31,000 Speaker 7: because the police knew Daniel stopped them. Daniel's case would 452 00:23:31,000 --> 00:23:34,000 Speaker 7: be like someone meeting with you in your office, and 453 00:23:34,119 --> 00:23:36,840 Speaker 7: then later they find a woman's DNA on the fly 454 00:23:37,080 --> 00:23:39,159 Speaker 7: or pants, and the woman said, yes, I was at 455 00:23:39,200 --> 00:23:41,760 Speaker 7: his office. And they conclude that you're guilty just because 456 00:23:42,080 --> 00:23:43,560 Speaker 7: you had an interaction with someone. 457 00:23:43,760 --> 00:23:47,400 Speaker 2: So if you shook hands this morning with somebody who 458 00:23:48,280 --> 00:23:51,480 Speaker 2: you met on the street and then you went into 459 00:23:51,480 --> 00:23:53,920 Speaker 2: a friend whatever, and then they went and went to 460 00:23:54,000 --> 00:23:56,639 Speaker 2: the bathroom afterwards, a little bit of your DNA, a 461 00:23:56,760 --> 00:23:59,720 Speaker 2: touch DNA would be on somewhere on the wherever they 462 00:23:59,800 --> 00:24:01,560 Speaker 2: und after on button, it would be there. 463 00:24:01,760 --> 00:24:04,040 Speaker 7: It could very well be there, right because. 464 00:24:03,800 --> 00:24:07,560 Speaker 2: We're always transferring together, always shedding like we always It's 465 00:24:07,640 --> 00:24:08,960 Speaker 2: like we leave it on every day, we leave it 466 00:24:09,040 --> 00:24:10,600 Speaker 2: on the coffee cup, we leave it everywhere we go. 467 00:24:21,240 --> 00:24:25,080 Speaker 2: When you were first taking in for questioning, did you 468 00:24:25,240 --> 00:24:26,119 Speaker 2: request a lawyer. 469 00:24:26,560 --> 00:24:29,040 Speaker 9: I didn't request a lawyer at the time. I just 470 00:24:29,160 --> 00:24:31,600 Speaker 9: wanted to do a professional I wanted. 471 00:24:31,359 --> 00:24:35,520 Speaker 5: To clear my name on you in an any department 472 00:24:35,600 --> 00:24:36,080 Speaker 5: in law. 473 00:24:36,160 --> 00:24:38,760 Speaker 9: Or your replications before you go off of and you 474 00:24:38,800 --> 00:24:40,399 Speaker 9: want to go to a promotion, you want to go 475 00:24:40,480 --> 00:24:43,720 Speaker 9: to any special unit. Your replication is what's online and 476 00:24:43,800 --> 00:24:46,560 Speaker 9: when people here about you. And so I'm talking clear 477 00:24:46,640 --> 00:24:48,800 Speaker 9: my name. I don't know what you got kind of 478 00:24:48,840 --> 00:24:51,399 Speaker 9: allegation you as before me, I'm talking clear my name. 479 00:24:51,400 --> 00:24:53,000 Speaker 9: I'll try to cooperate and get. 480 00:24:52,920 --> 00:24:53,679 Speaker 1: Out of there, right. 481 00:24:53,720 --> 00:24:55,960 Speaker 2: But we see so many times when we see young 482 00:24:56,080 --> 00:24:58,720 Speaker 2: kids picked up by police for questioning and they don't 483 00:24:58,760 --> 00:25:00,639 Speaker 2: even know they're supposed to ask for a lawyer right 484 00:25:00,680 --> 00:25:02,840 Speaker 2: there in high school, or they're from they're from a 485 00:25:02,880 --> 00:25:06,080 Speaker 2: background where they had no knowledge of how these things work. 486 00:25:06,480 --> 00:25:09,639 Speaker 2: You were in law enforcement, right, so it seems to 487 00:25:09,760 --> 00:25:14,239 Speaker 2: me logical that if you were concerned, the first thing 488 00:25:14,320 --> 00:25:17,240 Speaker 2: you would have done. You're a college graduate, your whole family's, 489 00:25:17,440 --> 00:25:19,800 Speaker 2: your whole life has been law enforcement. You've got a 490 00:25:19,840 --> 00:25:23,439 Speaker 2: degree in criminal justice. I mean that's where I go. Well, 491 00:25:23,480 --> 00:25:27,040 Speaker 2: wait a minute, if there was anything on your mind, 492 00:25:27,400 --> 00:25:29,720 Speaker 2: the first thing you would have said is okay, I 493 00:25:29,800 --> 00:25:31,600 Speaker 2: want to lawyer. I'm not stocking you guys now. And 494 00:25:31,720 --> 00:25:34,000 Speaker 2: actually you went in the complete opposite direction from what 495 00:25:34,080 --> 00:25:36,400 Speaker 2: I understand. Correct me if I'm wrong. You turned over 496 00:25:36,480 --> 00:25:39,360 Speaker 2: your passwords, you turned over the keys to your apartment. 497 00:25:39,760 --> 00:25:42,840 Speaker 2: I mean, can you just elaborate on that? And why 498 00:25:42,920 --> 00:25:43,920 Speaker 2: did you do those things? 499 00:25:45,160 --> 00:25:49,880 Speaker 5: I basically cooperated as fools anything, As I answered again, 500 00:25:49,920 --> 00:25:53,600 Speaker 5: I wanted to be professional. I didn't raiseel I didn't. 501 00:25:56,240 --> 00:26:00,280 Speaker 5: They asked. I answered, And that's kind of how in 502 00:26:00,359 --> 00:26:03,080 Speaker 5: the sense that you were training academy. You know, you're 503 00:26:03,080 --> 00:26:05,959 Speaker 5: broken down and then you're rated up, and so if 504 00:26:06,000 --> 00:26:08,320 Speaker 5: you're asked the question, you're dressed, you're going to reply 505 00:26:09,040 --> 00:26:12,240 Speaker 5: anything that they asked. Yeah, go ahead, please please do that. 506 00:26:12,800 --> 00:26:14,359 Speaker 5: Go ahead and go with the DNA test, and go 507 00:26:14,400 --> 00:26:16,560 Speaker 5: ahead and go to my apartment. Whatever you need to 508 00:26:16,640 --> 00:26:18,800 Speaker 5: do to clear my name so I could get back 509 00:26:19,080 --> 00:26:21,560 Speaker 5: and continue my job. But I thought I'd really good 510 00:26:21,600 --> 00:26:21,800 Speaker 5: at it. 511 00:26:22,320 --> 00:26:27,159 Speaker 2: Please do after this had become this insane media circus 512 00:26:27,280 --> 00:26:32,760 Speaker 2: that reached people all over the world, and now you 513 00:26:32,880 --> 00:26:36,440 Speaker 2: go to trial, and I'm sure it was a crazy 514 00:26:36,560 --> 00:26:39,000 Speaker 2: scene there. Just give us your perspective on how the 515 00:26:39,080 --> 00:26:42,760 Speaker 2: trial went, how your defense team handled it, and what 516 00:26:42,920 --> 00:26:44,080 Speaker 2: your expectations were. 517 00:26:44,480 --> 00:26:46,480 Speaker 5: Trial was a long period time and this has happened 518 00:26:46,560 --> 00:26:49,600 Speaker 5: during the Thanksgiving break. So the biggest thing I want 519 00:26:49,640 --> 00:26:52,640 Speaker 5: to try to address to the audience is how big 520 00:26:52,720 --> 00:26:56,040 Speaker 5: of an attack media affects people's perception in their opinions. 521 00:26:56,160 --> 00:26:59,480 Speaker 5: So when they use that national media into the aid 522 00:26:59,520 --> 00:27:02,440 Speaker 5: of the office, I'm already presumed guilty before I step 523 00:27:02,600 --> 00:27:06,680 Speaker 5: in that courtroom. So when Judge Henderson asked the jury members, 524 00:27:06,720 --> 00:27:08,520 Speaker 5: are everyone in the court room, brings your right handed 525 00:27:08,560 --> 00:27:10,879 Speaker 5: to you have seen this man or ever heard of 526 00:27:10,880 --> 00:27:13,880 Speaker 5: the name Daniel. I looked up the whole courtroom raise 527 00:27:13,960 --> 00:27:17,680 Speaker 5: your hand. So imagine yourself being there finding for your life, 528 00:27:18,160 --> 00:27:20,359 Speaker 5: and the whole court room already knows who you are 529 00:27:20,480 --> 00:27:25,159 Speaker 5: based off the opinions of the media. And again media 530 00:27:25,320 --> 00:27:29,000 Speaker 5: has such as a fact on the outcome of cases 531 00:27:29,080 --> 00:27:32,440 Speaker 5: because all it shows is highlights. They don't show the facts. 532 00:27:32,480 --> 00:27:34,680 Speaker 5: They could edit and they could crop whatever they want 533 00:27:35,080 --> 00:27:37,240 Speaker 5: to say what they want. And the majorty of the 534 00:27:37,320 --> 00:27:40,720 Speaker 5: cases is the wrong narrative. It's false, it's not the 535 00:27:40,880 --> 00:27:45,080 Speaker 5: right facts. So with that said, it was a huge 536 00:27:45,119 --> 00:27:47,280 Speaker 5: burden overcome. So it's you guilty. Then you got to 537 00:27:47,320 --> 00:27:49,760 Speaker 5: prove yourself innocent. And on top of that you have 538 00:27:49,840 --> 00:27:52,240 Speaker 5: a whole duram members of that perception in their mind 539 00:27:52,960 --> 00:27:55,480 Speaker 5: is already oh, he's already presumed guilty. And then, like 540 00:27:55,560 --> 00:27:58,000 Speaker 5: I said, going back to the bank giving break, it's 541 00:27:58,040 --> 00:28:02,159 Speaker 5: a long trial. So you have Jess Henderson's quarterners is 542 00:28:02,480 --> 00:28:04,760 Speaker 5: don't talk to your sipnificant others when you go back home. 543 00:28:05,080 --> 00:28:07,320 Speaker 5: Come on, let's in reality, that's not going to happen. 544 00:28:07,760 --> 00:28:09,520 Speaker 5: You know, honey, what did you do today? Well, I 545 00:28:09,600 --> 00:28:11,560 Speaker 5: was at the Hole small trial, the biggest thing going 546 00:28:11,600 --> 00:28:15,399 Speaker 5: on in Oklahoma. You know, all national news Oklahoma. Of 547 00:28:15,480 --> 00:28:16,920 Speaker 5: course you're going to talk about it. And so it 548 00:28:17,040 --> 00:28:19,440 Speaker 5: reinforces the people that are not even the court room, 549 00:28:20,119 --> 00:28:23,280 Speaker 5: the husband and wife, Oh well, he's guilty. He's guilty 550 00:28:23,320 --> 00:28:25,679 Speaker 5: of this. He's just playing it into the jury member's 551 00:28:25,800 --> 00:28:29,200 Speaker 5: minds and they're hearing that. So it's reinforcing the presumption 552 00:28:29,320 --> 00:28:32,920 Speaker 5: of guilt. So that's something I want to reinforce the 553 00:28:33,000 --> 00:28:35,800 Speaker 5: people in the audience to understand, be in my position, 554 00:28:36,000 --> 00:28:38,440 Speaker 5: how hard it is to fight for that, you know. 555 00:28:38,640 --> 00:28:41,640 Speaker 5: And so we come back from Thanksgiving break and then 556 00:28:41,760 --> 00:28:43,920 Speaker 5: only that you have to board my lawyers. You know, 557 00:28:45,000 --> 00:28:47,800 Speaker 5: we hire a DNA expert, and yet you know they 558 00:28:47,840 --> 00:28:50,560 Speaker 5: didn't finding you on this DNA. We have to wait 559 00:28:50,680 --> 00:28:53,880 Speaker 5: till Eric comes along to find that that stuff's not right. 560 00:28:54,000 --> 00:28:55,680 Speaker 5: You know, I'll find it for my life. We hired, 561 00:28:55,760 --> 00:28:59,120 Speaker 5: we spent hard working money for the DNA expert, and 562 00:28:59,240 --> 00:29:02,480 Speaker 5: yet you're gonna say kill me on that. There's a 563 00:29:02,520 --> 00:29:04,480 Speaker 5: lot of parts were in the trial. I felt like, 564 00:29:05,240 --> 00:29:07,880 Speaker 5: you know, my lawyer could have stepped up and objected 565 00:29:08,040 --> 00:29:10,400 Speaker 5: or said something. And there was times where I was mad. 566 00:29:10,640 --> 00:29:13,520 Speaker 5: You know, I'm getting I'm getting frusterted. I'm trying to 567 00:29:13,560 --> 00:29:16,320 Speaker 5: keep my composure because the jurors members are looking at me, 568 00:29:17,200 --> 00:29:19,400 Speaker 5: but you know, I'm getting mad. And I remember one 569 00:29:19,440 --> 00:29:21,520 Speaker 5: time I'm just like Scott, what are you injecting? Like 570 00:29:21,840 --> 00:29:24,040 Speaker 5: what are you doing? And we kind of got into 571 00:29:24,040 --> 00:29:27,120 Speaker 5: Bigger Mintie's like calm down, I'll calm down. Well, it's 572 00:29:27,120 --> 00:29:29,240 Speaker 5: hard for me to calm down when you see these 573 00:29:29,320 --> 00:29:31,520 Speaker 5: quote unquote victims that go on the stands, we're not 574 00:29:31,640 --> 00:29:35,320 Speaker 5: even addressing the questions. In addition to that, you have 575 00:29:35,640 --> 00:29:38,600 Speaker 5: leet Detective Davis and Gregory that are coaching them along 576 00:29:38,920 --> 00:29:41,680 Speaker 5: head nodding everything they want to say. Okay, yeah, that's 577 00:29:41,720 --> 00:29:43,800 Speaker 5: where I continue on and they're looking at Davis and 578 00:29:43,840 --> 00:29:46,720 Speaker 5: I'm looking at the jurior members are you serious. 579 00:29:46,440 --> 00:29:46,680 Speaker 1: Or you're not? 580 00:29:46,880 --> 00:29:49,800 Speaker 5: Are you not seeing this? And so it was really 581 00:29:49,880 --> 00:29:55,240 Speaker 5: frustrating the whole process. Uh, obviously I was in total 582 00:29:55,360 --> 00:29:59,600 Speaker 5: sock when the murder came down, and it was just, 583 00:30:01,840 --> 00:30:06,040 Speaker 5: you know, something that didn't ever possible would happened. 584 00:30:06,840 --> 00:30:10,880 Speaker 2: My friend Josh Dubin conducted a study with a help 585 00:30:10,880 --> 00:30:13,120 Speaker 2: from a lot of other people that showed that jury 586 00:30:13,480 --> 00:30:17,040 Speaker 2: members have a presumption of guilt that teeters on eighty 587 00:30:17,120 --> 00:30:20,000 Speaker 2: percent just because they see somebody in the defendant's box. 588 00:30:20,440 --> 00:30:23,080 Speaker 2: In your case, it was probably one hundred percent of 589 00:30:23,120 --> 00:30:24,960 Speaker 2: them assumed you must be guilty of something because it 590 00:30:25,040 --> 00:30:28,360 Speaker 2: was impossible to find a jury that hadn't heard about 591 00:30:28,400 --> 00:30:30,440 Speaker 2: the case. You couldn't have found one anywhere in America 592 00:30:30,440 --> 00:30:32,480 Speaker 2: at that point in time, but least of all in Oklahoma. 593 00:30:33,480 --> 00:30:35,800 Speaker 2: So in your case, they you know, and and then 594 00:30:36,120 --> 00:30:38,720 Speaker 2: being the amateur psychologist that I am, you know, when 595 00:30:38,760 --> 00:30:41,040 Speaker 2: the jury is they're sitting there and then they're being 596 00:30:41,120 --> 00:30:43,720 Speaker 2: presented with evidence that they're you know, they're they're not 597 00:30:43,880 --> 00:30:45,800 Speaker 2: dumb people. So they're sitting there going, well, this doesn't 598 00:30:45,840 --> 00:30:47,880 Speaker 2: make sense and that wasn't true, and this doesn't add up. 599 00:30:47,920 --> 00:30:49,480 Speaker 2: And he's not a black guy, and he's not short, 600 00:30:49,520 --> 00:30:51,640 Speaker 2: and he's not blonde. And but on the other hand, 601 00:30:52,080 --> 00:30:55,120 Speaker 2: I saw this thing on TV and yeah, I mean 602 00:30:55,480 --> 00:30:58,040 Speaker 2: it's it's it's a lot a lot. 603 00:30:58,120 --> 00:31:00,720 Speaker 7: I can jump here too, because what's It's really important 604 00:31:00,840 --> 00:31:04,720 Speaker 7: is how the DNA evidence contributed heavily to Daniel's conviction, 605 00:31:05,160 --> 00:31:09,400 Speaker 7: because the prosecutor actually said in his closing the argument quote, 606 00:31:09,480 --> 00:31:13,600 Speaker 7: the most important thing about the teenager whose DNA profile 607 00:31:13,720 --> 00:31:16,280 Speaker 7: was found on the fly of Daniels pants is the fact, 608 00:31:16,440 --> 00:31:19,640 Speaker 7: said the prosecutor, that DNA from the walls of her 609 00:31:19,720 --> 00:31:23,320 Speaker 7: vagina was transferred to vaginal fluids on the outside and 610 00:31:23,400 --> 00:31:26,520 Speaker 7: the inside, not of his pockets, not of his cuff, 611 00:31:26,880 --> 00:31:29,560 Speaker 7: not where he sits, but at the exact location she 612 00:31:29,760 --> 00:31:33,160 Speaker 7: says his penis came in contact. So the prosecutor lied 613 00:31:33,400 --> 00:31:36,120 Speaker 7: to the jury telling them there was vaginal fluid that 614 00:31:36,320 --> 00:31:39,520 Speaker 7: was there was not. And we know from a juror's 615 00:31:39,840 --> 00:31:42,560 Speaker 7: interview after the trial that the jury, at least this 616 00:31:42,640 --> 00:31:44,920 Speaker 7: one juror thought there was vaginal fluid because he was 617 00:31:45,040 --> 00:31:48,640 Speaker 7: interviewed on Crimewatch Daily and he said, well, I mean, 618 00:31:48,760 --> 00:31:51,240 Speaker 7: I'm not a DNA expert. They told us the DNA 619 00:31:51,440 --> 00:31:53,560 Speaker 7: was from the vaginal fluid of a seventeen year old. 620 00:31:54,000 --> 00:31:56,720 Speaker 7: The DNA people are pretty boring, to be honest with you. 621 00:31:56,960 --> 00:31:59,440 Speaker 8: End quote, Well, I mean, I'm not the NA expert. 622 00:32:00,080 --> 00:32:02,840 Speaker 8: They told us it was the DNA from the vaginal 623 00:32:02,880 --> 00:32:06,719 Speaker 8: fluid from a seventeen year old. The DNA people are 624 00:32:07,200 --> 00:32:08,960 Speaker 8: pretty boring, to be honest with you. 625 00:32:09,360 --> 00:32:12,680 Speaker 7: So we know at least one der was misled by 626 00:32:12,720 --> 00:32:15,160 Speaker 7: the prosecutor to believe there's vaginal fluid, and so of 627 00:32:15,240 --> 00:32:18,200 Speaker 7: course they're going to end up convicting, not just for 628 00:32:18,360 --> 00:32:22,360 Speaker 7: the teenager's allegations, but the jurors explained afterwards that this 629 00:32:22,920 --> 00:32:26,160 Speaker 7: impacted their deliberations for all these allegations. 630 00:32:26,600 --> 00:32:28,680 Speaker 2: Yeah, and this was during closing arguments. Could you later 631 00:32:28,720 --> 00:32:30,160 Speaker 2: have objected in the closing argument? 632 00:32:30,200 --> 00:32:32,120 Speaker 1: He still can. Yeah, and he should have. But in 633 00:32:32,200 --> 00:32:33,800 Speaker 1: fact it should be a mistrial. 634 00:32:33,840 --> 00:32:34,360 Speaker 8: And he did it. 635 00:32:34,560 --> 00:32:36,800 Speaker 1: Yeah, they didn't effect that. Yeah, that's crazy to a 636 00:32:36,920 --> 00:32:37,920 Speaker 1: gross misstatement. 637 00:32:38,160 --> 00:32:41,080 Speaker 7: Another problem in the trial is that the forensic analysts 638 00:32:41,200 --> 00:32:45,040 Speaker 7: misrepresented the DNA evidence on the fly of Daniel's pants. 639 00:32:45,080 --> 00:32:48,040 Speaker 7: There was a mixture of DNA from at least three people. 640 00:32:48,760 --> 00:32:52,280 Speaker 7: There were four different stretches of fabrics, two on the 641 00:32:52,440 --> 00:32:54,440 Speaker 7: outside and two on the inside of the fly that 642 00:32:54,560 --> 00:32:57,240 Speaker 7: were swabbed, and it turns out all of them had 643 00:32:57,440 --> 00:33:01,440 Speaker 7: male DNA. And the reason this is signific is the 644 00:33:01,560 --> 00:33:05,280 Speaker 7: prosecution ended up arguing that they claimed Daniel's DNA was 645 00:33:05,360 --> 00:33:08,320 Speaker 7: not there, and so if he had just innocently transferred 646 00:33:08,400 --> 00:33:13,360 Speaker 7: DNA matching the teenager accuser, you would supposedly expect to 647 00:33:13,440 --> 00:33:17,040 Speaker 7: find Daniel's DNA there. The forensic analysts ended up telling 648 00:33:17,160 --> 00:33:19,840 Speaker 7: the jury there was no male DNA on the inside 649 00:33:19,880 --> 00:33:22,800 Speaker 7: of the fly, and the prosecutor again and again would 650 00:33:22,840 --> 00:33:26,080 Speaker 7: have her say that there's no DNA, so Daniels DNA 651 00:33:26,160 --> 00:33:29,280 Speaker 7: is not there, and then argued to the jury that 652 00:33:29,720 --> 00:33:32,280 Speaker 7: this meant it was very unlikely that you could have 653 00:33:32,480 --> 00:33:36,120 Speaker 7: DNA transferring innocently, so the jury was misled into believing 654 00:33:36,160 --> 00:33:39,200 Speaker 7: there was no male DNA. The forensic analyst also was 655 00:33:39,240 --> 00:33:42,080 Speaker 7: wrong when she concluded Daniel's DNA did not contribute. That 656 00:33:42,240 --> 00:33:45,640 Speaker 7: was a major error. The DNA evidence did not allow 657 00:33:45,720 --> 00:33:48,400 Speaker 7: that conclusion. There's such low level of DNA you can't 658 00:33:48,480 --> 00:33:53,200 Speaker 7: tell from whom the DNA came. DNA could be there, 659 00:33:53,240 --> 00:33:55,800 Speaker 7: but at low levels, so you don't detect au genetic regions. 660 00:33:56,120 --> 00:33:58,640 Speaker 7: So anytime you have DNA misrepresented in a trial, it's 661 00:33:58,720 --> 00:34:01,959 Speaker 7: bad because DNA weighs so heavily in the minds of jurors. 662 00:34:02,480 --> 00:34:06,920 Speaker 7: Daniel's attorney never even challenged these claims by the States 663 00:34:06,960 --> 00:34:09,800 Speaker 7: forensic analysts that there was no male DNA or that 664 00:34:09,960 --> 00:34:11,279 Speaker 7: Daniel's DNA wasn't there. 665 00:34:11,640 --> 00:34:15,280 Speaker 1: So this is actually the perfect storm for a wrongful conviction. 666 00:34:15,440 --> 00:34:21,560 Speaker 2: Right. You have the media frenzy reporting inaccuracies left and right, 667 00:34:21,800 --> 00:34:25,239 Speaker 2: making up a narrative that sells advertising time or newspapers. 668 00:34:25,360 --> 00:34:28,600 Speaker 2: You have a jury pool that then is hopelessly tainted. 669 00:34:28,800 --> 00:34:34,680 Speaker 2: You have bumbling and competent and biased investigators throughout this process. 670 00:34:35,160 --> 00:34:38,200 Speaker 2: You have a defense attorney who is I don't want 671 00:34:38,239 --> 00:34:40,759 Speaker 2: to say incompetent, but was not up to the task. 672 00:34:40,840 --> 00:34:42,680 Speaker 2: Because this is as serious as a case could be. 673 00:34:42,680 --> 00:34:44,400 Speaker 2: We're talking about life in prison. I mean, I just 674 00:34:44,480 --> 00:34:46,719 Speaker 2: did the math Daniel's sentence. If he were to serve 675 00:34:46,719 --> 00:34:48,960 Speaker 2: a sentence, he'd be in prison until the year twenty 676 00:34:49,120 --> 00:34:52,400 Speaker 2: two hundred and seventy seven. Then you have a prosecutor 677 00:34:52,400 --> 00:34:58,120 Speaker 2: who lied, forensic people who lied, or were misstated or inaccurate, 678 00:34:58,200 --> 00:35:01,200 Speaker 2: whatever the word you want to choose. With all of that, 679 00:35:02,280 --> 00:35:07,239 Speaker 2: the outcome was preordained. Did you have any hope that 680 00:35:07,520 --> 00:35:09,160 Speaker 2: you would still be vindicated. 681 00:35:09,960 --> 00:35:12,239 Speaker 5: Well, I always believe in the judicial system. That's why 682 00:35:12,239 --> 00:35:15,000 Speaker 5: I was the cop, and so you know, I believe 683 00:35:15,520 --> 00:35:18,000 Speaker 5: justice will be served. I believe that I'll because honerator. 684 00:35:19,600 --> 00:35:23,440 Speaker 5: I remember vividly there was a dream member that she 685 00:35:23,600 --> 00:35:26,160 Speaker 5: was a female that I was looking, you know, acknowledge. 686 00:35:26,520 --> 00:35:28,600 Speaker 5: Every time they came in the courtroom, I left the courtroom, 687 00:35:28,680 --> 00:35:32,960 Speaker 5: she would look at me, she would smile. And when 688 00:35:33,000 --> 00:35:36,240 Speaker 5: the verdict was coming in and they walked into the courtroom, 689 00:35:37,480 --> 00:35:40,360 Speaker 5: I saw a males, the male cheir members and material 690 00:35:40,400 --> 00:35:44,680 Speaker 5: eye and then I saw her crying hysterically, and I'm 691 00:35:45,280 --> 00:35:46,520 Speaker 5: this is when I'm really. 692 00:35:46,320 --> 00:35:50,360 Speaker 9: Freaking out and I'm shaking under you know what's going on? 693 00:35:50,480 --> 00:35:52,560 Speaker 9: And I'm looking over to my lawyers and I'm like, well, 694 00:35:52,840 --> 00:35:57,520 Speaker 9: more than what's going on, you know, And she's crying hysterically. 695 00:35:57,640 --> 00:35:59,440 Speaker 9: Everyone's crying and remembers that. 696 00:36:01,920 --> 00:36:03,760 Speaker 3: You thought it was a guilty villain. 697 00:36:04,560 --> 00:36:07,719 Speaker 9: Why you cried, you know? And then when they read 698 00:36:07,800 --> 00:36:09,640 Speaker 9: docs and Americans, I'm guilty. 699 00:36:09,719 --> 00:36:12,080 Speaker 3: I mean, I was listening a total shock. 700 00:36:12,200 --> 00:36:15,200 Speaker 9: I don't even remember what I in or what happened. 701 00:36:15,280 --> 00:36:17,520 Speaker 9: I just remember I think I just dropped my head 702 00:36:17,560 --> 00:36:20,320 Speaker 9: and you know, like Jod, why you know what was 703 00:36:20,360 --> 00:36:24,920 Speaker 9: going on? And it would oh, I know it's not 704 00:36:25,080 --> 00:36:28,080 Speaker 9: dropped my head, and uh, something that I believe in 705 00:36:28,320 --> 00:36:30,000 Speaker 9: justice would kill me. 706 00:36:39,000 --> 00:36:39,400 Speaker 5: Mm hm. 707 00:36:41,280 --> 00:36:45,680 Speaker 2: We're here because we want to educate the public as 708 00:36:45,719 --> 00:36:47,200 Speaker 2: to how these things could happen, and how it could 709 00:36:47,239 --> 00:36:50,799 Speaker 2: happen to someone you love, and to educate people who 710 00:36:50,840 --> 00:36:53,000 Speaker 2: are going to be serving on juries at some point 711 00:36:53,040 --> 00:36:56,120 Speaker 2: in their life that you know, whoever's listening, it could 712 00:36:56,120 --> 00:36:57,799 Speaker 2: have been you in that jury box, and how would 713 00:36:57,840 --> 00:36:59,520 Speaker 2: you have done. And I'm sure people are saying, well, 714 00:36:59,520 --> 00:37:02,040 Speaker 2: I would never have convicted him, but twelve people did. 715 00:37:02,840 --> 00:37:05,960 Speaker 2: And how could they get it so wrong? How could 716 00:37:05,960 --> 00:37:09,719 Speaker 2: they look at things that are so clearly black and 717 00:37:09,800 --> 00:37:14,960 Speaker 2: white and go, yeah, I know it's false, but you know, 718 00:37:15,400 --> 00:37:18,040 Speaker 2: and they had a complicated task. They're looking at things 719 00:37:18,080 --> 00:37:20,680 Speaker 2: that they know are false, right, They're looking at testimony 720 00:37:20,760 --> 00:37:23,000 Speaker 2: that they know is false from a number of different people. 721 00:37:23,600 --> 00:37:26,160 Speaker 2: At the same time, they're being presented with quote unquote 722 00:37:26,200 --> 00:37:30,040 Speaker 2: evidence by people who they respect, prosecutors and forensic people, 723 00:37:30,120 --> 00:37:34,799 Speaker 2: and so they're stuck in a conflict. But as citizens 724 00:37:34,840 --> 00:37:39,160 Speaker 2: and as everyone again potential jury remembers, your duty is 725 00:37:39,400 --> 00:37:43,000 Speaker 2: to if there's doubt, to acquit you know, it has 726 00:37:43,080 --> 00:37:45,680 Speaker 2: to be beyond a reasonable doubt. That's something we all 727 00:37:45,800 --> 00:37:49,600 Speaker 2: learn in high school. Right beyond a reasonable doubt. Not 728 00:37:49,880 --> 00:37:50,840 Speaker 2: maybe it could be. 729 00:37:51,080 --> 00:37:54,080 Speaker 1: I don't know. It's a conflict. I'm not sure, you know. 730 00:37:54,160 --> 00:37:56,279 Speaker 2: And then there's that quote that I can never say 731 00:37:56,360 --> 00:37:58,960 Speaker 2: enough times better that one hundred guilty men should go 732 00:37:59,040 --> 00:38:02,319 Speaker 2: free than that one is and should suffer. And that's 733 00:38:02,400 --> 00:38:05,319 Speaker 2: sort of been turned on its head. But Daniel, here 734 00:38:05,440 --> 00:38:08,279 Speaker 2: you are. You're stuck in a situation that would break 735 00:38:08,880 --> 00:38:10,080 Speaker 2: I think most people. 736 00:38:10,840 --> 00:38:13,279 Speaker 1: How do you do it? Day by day? How? I mean, 737 00:38:13,360 --> 00:38:15,680 Speaker 1: how are you getting along on the inside? 738 00:38:16,080 --> 00:38:19,280 Speaker 5: Being a Christian? I think there's a plan for everything. 739 00:38:20,040 --> 00:38:22,280 Speaker 5: And I used to hate hearing that as a cliche 740 00:38:22,440 --> 00:38:25,480 Speaker 5: and just I was cornering what things happened for a reason, 741 00:38:25,800 --> 00:38:28,000 Speaker 5: and I used to hate that. But I think there's 742 00:38:28,040 --> 00:38:30,239 Speaker 5: a greater purpose in God, and I think God has 743 00:38:30,280 --> 00:38:34,040 Speaker 5: a plan for me, And you know, be down in 744 00:38:34,080 --> 00:38:36,960 Speaker 5: my heart, I know I'm on me free. I know 745 00:38:37,480 --> 00:38:40,640 Speaker 5: justice will be served as much as I believe in 746 00:38:40,719 --> 00:38:43,120 Speaker 5: that system, and now I have a little bit of 747 00:38:43,239 --> 00:38:45,680 Speaker 5: hope in there, and I believe it's going to happen. 748 00:38:45,800 --> 00:38:49,120 Speaker 5: And with that said, I can be here, if possible, 749 00:38:49,239 --> 00:38:51,520 Speaker 5: without any of all my loved ones and supporters. So 750 00:38:52,239 --> 00:38:54,800 Speaker 5: everyone that has come along the way. It's a blessing. 751 00:38:55,000 --> 00:38:58,920 Speaker 5: It's just the act of God right there and finding 752 00:38:59,440 --> 00:39:01,560 Speaker 5: never gave up, never had a thought of giving up. 753 00:39:02,040 --> 00:39:05,520 Speaker 5: So I know I'm gonna be free. I'm not gonna 754 00:39:05,600 --> 00:39:08,120 Speaker 5: let this, you know, change you who I am in 755 00:39:08,280 --> 00:39:11,280 Speaker 5: that day when I'm free, you better bet your blood. 756 00:39:11,280 --> 00:39:14,680 Speaker 5: And I'm gonna fight for all the wrongful convicted people 757 00:39:14,760 --> 00:39:17,319 Speaker 5: out there. If I have a platform I'm gonna fight from. 758 00:39:17,800 --> 00:39:20,719 Speaker 5: I've been on built days at the cop and now 759 00:39:20,760 --> 00:39:25,200 Speaker 5: I'm Aconvic and so I'm definitely gonna do my best 760 00:39:25,280 --> 00:39:27,759 Speaker 5: to help everyone out there in the world that's in 761 00:39:27,840 --> 00:39:28,320 Speaker 5: my position. 762 00:39:28,920 --> 00:39:31,800 Speaker 2: Well, it's gonna be an honor to work with you. 763 00:39:33,239 --> 00:39:37,000 Speaker 2: So what happens next and how can people help? 764 00:39:37,320 --> 00:39:39,680 Speaker 6: I suggest people, if they want to learn more, go 765 00:39:39,800 --> 00:39:43,239 Speaker 6: to free Daniel holds Claw dot com. My Facebook Jenny 766 00:39:43,280 --> 00:39:46,800 Speaker 6: holds Claw is public, so I post all the facts 767 00:39:46,840 --> 00:39:49,960 Speaker 6: and information and give daily updates of what's going. 768 00:39:49,840 --> 00:39:50,640 Speaker 4: On with his case. 769 00:39:50,880 --> 00:39:51,560 Speaker 1: Let me just reread that. 770 00:39:51,640 --> 00:39:54,200 Speaker 2: So it's free Daniel Holtz Claw dot com, which is 771 00:39:54,760 --> 00:39:57,920 Speaker 2: free Daniel h O l t z c l a 772 00:39:58,320 --> 00:40:01,799 Speaker 2: W dot com, or or go to Jenny Hols Claud 773 00:40:01,800 --> 00:40:06,880 Speaker 2: which is j N N Y h o Ltzclaw on Facebook. 774 00:40:07,000 --> 00:40:07,280 Speaker 4: Correct. 775 00:40:07,280 --> 00:40:09,320 Speaker 6: Another thing I want to point on too is we 776 00:40:09,400 --> 00:40:11,360 Speaker 6: have a petition going. We have over thirty five thousand 777 00:40:11,400 --> 00:40:13,880 Speaker 6: signatures right now, and you can find that on my 778 00:40:13,960 --> 00:40:16,439 Speaker 6: Facebook or freading holds cloud dot com for the link 779 00:40:16,480 --> 00:40:17,960 Speaker 6: to actually sign the petition, and. 780 00:40:18,000 --> 00:40:20,120 Speaker 2: Of course I'll be posting about it as well on 781 00:40:20,239 --> 00:40:23,640 Speaker 2: my Instagram at it's Jason flam Erica. You look like 782 00:40:23,680 --> 00:40:24,719 Speaker 2: you've got something to add. 783 00:40:25,000 --> 00:40:27,880 Speaker 7: The main point for me was how I feel Daniel's 784 00:40:27,920 --> 00:40:33,279 Speaker 7: case is a tragedy because our society's noblest desires to 785 00:40:33,440 --> 00:40:37,400 Speaker 7: end racism and sexism and police brutality ended up convicting 786 00:40:37,400 --> 00:40:39,400 Speaker 7: it innocent man. So that is a tragedy where a 787 00:40:39,440 --> 00:40:43,000 Speaker 7: good thing about our society wanting to care about victims 788 00:40:43,040 --> 00:40:47,200 Speaker 7: of sexual assault led people down this path to torture 789 00:40:47,239 --> 00:40:48,920 Speaker 7: an innocent man and send into prison. 790 00:40:50,239 --> 00:40:51,959 Speaker 2: At this point in the show, this is the point 791 00:40:52,040 --> 00:40:54,080 Speaker 2: that I think, I always say is my favorite part 792 00:40:54,160 --> 00:40:57,759 Speaker 2: of the show, where I get to thank each of 793 00:40:57,840 --> 00:41:01,640 Speaker 2: you again for being here any holes, Claus sister and 794 00:41:02,200 --> 00:41:08,560 Speaker 2: freedom fighter, and Erica Fush biologist and dedicated activists to 795 00:41:08,760 --> 00:41:11,719 Speaker 2: righting these wrongs, and of course you Daniel and I'd 796 00:41:11,840 --> 00:41:14,239 Speaker 2: like to uh so again thank you all for being here. 797 00:41:14,280 --> 00:41:16,120 Speaker 2: And then Daniel, I want to turn it over to 798 00:41:16,280 --> 00:41:18,960 Speaker 2: you for this is the part of the show where 799 00:41:18,960 --> 00:41:22,279 Speaker 2: I turned my microphone off and I get to just 800 00:41:22,440 --> 00:41:25,680 Speaker 2: listen and you can just you know, wrap it up 801 00:41:25,680 --> 00:41:28,279 Speaker 2: in any way you want and talk about anything you 802 00:41:28,400 --> 00:41:31,000 Speaker 2: want and make sure we didn't miss anything as well. 803 00:41:31,680 --> 00:41:34,760 Speaker 2: So thank you, thank you again for sharing and calling 804 00:41:34,880 --> 00:41:38,279 Speaker 2: in from prison, and now turn over to you. 805 00:41:39,880 --> 00:41:42,400 Speaker 5: All right, I'll just try to be quick out versus 806 00:41:42,560 --> 00:41:45,040 Speaker 5: thank you for having us. I'm my loved ones and 807 00:41:45,800 --> 00:41:48,600 Speaker 5: everyone close to come on board and be able to 808 00:41:48,640 --> 00:41:53,839 Speaker 5: speak my side instance, I appreciate it. Jason just to add, 809 00:41:53,960 --> 00:41:57,320 Speaker 5: you know, a real fast and Jase is so complex 810 00:41:57,440 --> 00:42:00,920 Speaker 5: and that I want to really articulate is the media. 811 00:42:01,360 --> 00:42:03,279 Speaker 5: And if someone asked me, well, why do you think 812 00:42:03,280 --> 00:42:07,000 Speaker 5: you're wroughly convicted Daniel, I'd probably say, to be honest 813 00:42:07,000 --> 00:42:09,239 Speaker 5: with you, is just the media. I think the media 814 00:42:09,280 --> 00:42:12,120 Speaker 5: plays a huge factor in people's perception. Like I said 815 00:42:12,160 --> 00:42:16,680 Speaker 5: earlier in the show, people Watch Today. You know TV 816 00:42:16,800 --> 00:42:19,600 Speaker 5: shows where it's Law and Order, n c C and 817 00:42:19,719 --> 00:42:22,280 Speaker 5: c I S. You know all those types of shows, 818 00:42:22,320 --> 00:42:24,600 Speaker 5: and they believe you know the stuff happens in the 819 00:42:24,640 --> 00:42:27,680 Speaker 5: courtor Well, that's TV shows. Those are movies. That's not 820 00:42:27,840 --> 00:42:31,200 Speaker 5: the reality of what happens. And atual courtrooms. People believe 821 00:42:31,239 --> 00:42:35,799 Speaker 5: that this defendant, the high profile on national television, Oh man, 822 00:42:35,880 --> 00:42:38,719 Speaker 5: he must be guilty. Oh and then the defense lawyer, 823 00:42:38,840 --> 00:42:40,759 Speaker 5: oh man, he's grow up. Defense lawyer. He's just trying 824 00:42:40,760 --> 00:42:42,160 Speaker 5: to get paid. Here's just going to try to get 825 00:42:42,239 --> 00:42:44,359 Speaker 5: him off on a technicality. Well that's not the case, 826 00:42:45,000 --> 00:42:48,319 Speaker 5: you know, So please just don't believe into the media. 827 00:42:48,400 --> 00:42:51,400 Speaker 5: Don't believe in that mass medium and manipulation where they 828 00:42:51,480 --> 00:42:53,080 Speaker 5: they're feeding you these one. 829 00:42:52,960 --> 00:42:54,479 Speaker 3: Minute sections where they can edit. 830 00:42:54,480 --> 00:42:56,920 Speaker 5: And crop and wherever they want to do, and the 831 00:42:57,000 --> 00:42:58,480 Speaker 5: majority of them are just loosen. 832 00:42:59,360 --> 00:43:02,640 Speaker 3: The prosecute decided. People believe the prosecutions are the good 833 00:43:02,719 --> 00:43:04,120 Speaker 3: guys about all the cases. 834 00:43:04,239 --> 00:43:06,520 Speaker 5: It's not that they care about. All they care about 835 00:43:06,560 --> 00:43:07,280 Speaker 5: is fectionary. 836 00:43:08,200 --> 00:43:10,759 Speaker 3: So I just asked that you guys please look into 837 00:43:10,800 --> 00:43:11,560 Speaker 3: the facts. 838 00:43:11,239 --> 00:43:11,760 Speaker 1: Of the cases. 839 00:43:11,840 --> 00:43:14,319 Speaker 3: Don't you know the famous quotas don't judge a book 840 00:43:14,360 --> 00:43:18,440 Speaker 3: Bud's cover. You know you've seen this mass media, you know, 841 00:43:18,840 --> 00:43:22,040 Speaker 3: case going on in your communion scene in the national 842 00:43:22,120 --> 00:43:22,800 Speaker 3: news CNN. 843 00:43:23,000 --> 00:43:26,240 Speaker 9: You know Box News have sixty seconds remaining. 844 00:43:26,800 --> 00:43:29,600 Speaker 3: Big time media outlets just don't jump to the assumption 845 00:43:29,760 --> 00:43:31,640 Speaker 3: that this person guilty looking in the facts of the 846 00:43:31,760 --> 00:43:35,840 Speaker 3: case and actually, you know, do your homework and that 847 00:43:35,920 --> 00:43:38,719 Speaker 3: would definitely does you know, come out with your own 848 00:43:38,760 --> 00:43:41,160 Speaker 3: opinion and don't don't believe what the media. I always 849 00:43:41,160 --> 00:43:42,360 Speaker 3: try to protrude. 850 00:43:42,520 --> 00:43:44,359 Speaker 5: So I know it's about to hang up right now. 851 00:43:44,480 --> 00:43:46,400 Speaker 5: But again, thank you everyone and all the. 852 00:43:46,400 --> 00:43:47,920 Speaker 9: Loved ones, with all the fighters that came along. 853 00:43:48,000 --> 00:43:49,719 Speaker 3: It's a spiracle that where I'm at right now. 854 00:43:49,920 --> 00:43:51,000 Speaker 9: It's big to you, guys. 855 00:43:51,560 --> 00:43:52,239 Speaker 3: I love you guys. 856 00:43:52,360 --> 00:43:54,399 Speaker 5: Thank you so much for being there. 857 00:43:54,480 --> 00:43:56,320 Speaker 7: Here we have thirty seconds remaining. 858 00:43:56,840 --> 00:44:00,080 Speaker 3: I'm gonna continue to fight. Uh never give up, and 859 00:44:00,320 --> 00:44:03,239 Speaker 3: no one will be So thank you everyone out there 860 00:44:03,280 --> 00:44:04,040 Speaker 3: and been listening. 861 00:44:04,480 --> 00:44:06,560 Speaker 4: I love love you. 862 00:44:06,640 --> 00:44:07,040 Speaker 2: Daniel. 863 00:44:07,440 --> 00:44:18,480 Speaker 1: Hi, Daniel, don't forget to give us a fantastic review. 864 00:44:18,560 --> 00:44:21,120 Speaker 1: Wherever you get your podcasts, it really helps. 865 00:44:21,600 --> 00:44:24,400 Speaker 2: And I'm a proud donor to the Innocence Project, and 866 00:44:24,480 --> 00:44:27,160 Speaker 2: I really hope you'll join me in supporting this very 867 00:44:27,239 --> 00:44:29,120 Speaker 2: important cause and helping. 868 00:44:28,960 --> 00:44:32,520 Speaker 1: To prevent future wrongful convictions. Go to Innocence Project dot 869 00:44:32,600 --> 00:44:35,640 Speaker 1: org to learn how to donate. And get involved. I'd 870 00:44:35,719 --> 00:44:38,800 Speaker 1: like to thank our production team, Connor Hall and Kevin Wartis. 871 00:44:39,160 --> 00:44:41,359 Speaker 1: The music in the show is by three time OSCAR 872 00:44:41,440 --> 00:44:43,080 Speaker 1: nominated composer Jay Ralph. 873 00:44:43,440 --> 00:44:46,200 Speaker 2: Be sure to follow us on Instagram at Wrongful Conviction 874 00:44:46,600 --> 00:44:50,560 Speaker 2: and on Facebook at Wrongful Conviction Podcast. Wrongful Conviction with 875 00:44:50,680 --> 00:44:53,680 Speaker 2: Jason Flam is a production of Lava for Good Podcasts 876 00:44:53,840 --> 00:44:56,319 Speaker 2: and association with Signal Company Number one