WEBVTT - #376 Wrongful Conviction: False Confessions - Norfolk 4

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<v Speaker 1>Hey there, Laura and I writ are here. This week

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<v Speaker 1>we're bringing you an update from the Commonwealth of Virginia.

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<v Speaker 1>In Season two of False Confessions, we explored the story

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<v Speaker 1>of the Norfolk four. This is a classic case of

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<v Speaker 1>false confessions in all the most horrible ways. It involves

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<v Speaker 1>tunnel vision and confirmation bias in the investigation police, lying

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<v Speaker 1>to suspect in the interrogation room, preying on suspects of vulnerabilities,

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<v Speaker 1>and ignoring forensic evidence. The list goes on and on.

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<v Speaker 1>It took twenty years for the truth to be acknowledged

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<v Speaker 1>by the Virginia legal system, and the story of this

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<v Speaker 1>miscarriage of justice became a rallying point for the entire

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<v Speaker 1>legal community, and in twenty twenty one, Virginia took action.

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<v Speaker 1>The state abolished the death penalty, making it the first

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<v Speaker 1>state in the South to do so. It was clear

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<v Speaker 1>cut cases of wrongful conviction like this one that finally

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<v Speaker 1>tip the balance away from injustice and toward righteousness. Welcome

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<v Speaker 1>to wrongful conviction, false confessions.

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<v Speaker 2>I'm Laura and I writer and I'm Steve Drisen.

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<v Speaker 1>Today's case feels like a recurring nightmare. We'll tell you

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<v Speaker 1>about not one but four US Navy sailors who falsely

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<v Speaker 1>confess to murdering another sailor's wife. They volunteered to fight

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<v Speaker 1>for their country, but they ended up fighting for their

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<v Speaker 1>own freedom.

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<v Speaker 2>The Norfolk four is an iconic case because it is

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<v Speaker 2>one of the most colossal screw ups in the history

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<v Speaker 2>of American justice. I've never thought this case would go

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<v Speaker 2>to trial, but it did, and they were convicted, and

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<v Speaker 2>I was stunned.

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<v Speaker 1>When you think about these guys from all across the

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<v Speaker 1>United States who signed up to serve their country in

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<v Speaker 1>the military, and this is what they were handed. It's outrageous.

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<v Speaker 1>I mean, Steve, you've had family members in the military.

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<v Speaker 2>Yeah, My father served, and he enlisted less than six

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<v Speaker 2>months after his own brother was killed at Iwo Jima.

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<v Speaker 2>I grew up every Memorial Day we would gather by

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<v Speaker 2>my uncle's graveside and these men in uniform would fire

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<v Speaker 2>rifles into the air and I can still hear how

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<v Speaker 2>loud they were to like a seven year old kid.

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<v Speaker 2>The military was something that was respected in my household.

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<v Speaker 2>You know, the military is built on honor.

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<v Speaker 1>The truth is, every one of the Norfolk four was

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<v Speaker 1>there to serve his country and instead, their reputations and

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<v Speaker 1>their lives were dragged through the mud.

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<v Speaker 2>It's like a war zone at the end of this case,

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<v Speaker 2>with bodies strewn all over the place.

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<v Speaker 1>But nobody won.

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<v Speaker 2>That's right. Everybody was a casualty. It took twenty years

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<v Speaker 2>to right this wrong completely, and it never should have

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<v Speaker 2>happened in the first place.

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<v Speaker 1>Today's story starts at the US Naval Station in Norfolk, Virginia.

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<v Speaker 1>It's the world's largest naval base, the headquarters of the

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<v Speaker 1>Fleet Forces Command, and it all sits on a narrow

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<v Speaker 1>peninsula separating the Chesapeake Bay from the Atlantic Ocean. That's

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<v Speaker 1>where the USS Simpson docks at Peer five on July eighth,

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<v Speaker 1>nineteen ninety seven, after six days at sea. Among the

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<v Speaker 1>hundreds of sailors on board is Billy Bosco, a nineteen

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<v Speaker 1>year old signalman. As his ship maneuvers into place, Billy

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<v Speaker 1>is scanning the pier. He's hoping to find his eighteen

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<v Speaker 1>year old bride, Michelle, waiting for him. Billy and Michelle

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<v Speaker 1>were high school sweethearts from Pittsburgh who'd been married for

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<v Speaker 1>just three months. They'd met a few years earlier on

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<v Speaker 1>the school bus when Billy's eye was caught by Michelle's

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<v Speaker 1>red hair. He tried to impress her by saying, hey, Toots,

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<v Speaker 1>nice jacket, but it was her a quick response, my

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<v Speaker 1>name's Michelle, that impressed him. Pretty soon they became inseparable.

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<v Speaker 1>After graduating, Billy enlisted in the navy. Michelle followed him

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<v Speaker 1>to Norfolk, where they got married. But when Billy's ship

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<v Speaker 1>docks that day, there's no Michelle waiting for him. He

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<v Speaker 1>goes straight home to their tiny apartment off base. Michelle

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<v Speaker 1>usually kept the place spotlessly clean, but today is horribly different.

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<v Speaker 1>On the bedroom floor, Billy finds his wife dead, wearing

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<v Speaker 1>nothing but a black T shirt and surrounded by blood.

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<v Speaker 1>She's been raped, stabbed, and strangled. Billy searches for the phone,

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<v Speaker 1>but in his panic, he can't find it. Instead, he

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<v Speaker 1>runs next door to the apartment of another naval couple,

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<v Speaker 1>Daniel and Nicole Williams. Billy tells them his wife is dead,

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<v Speaker 1>and Daniel calls nine one one. The two men go

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<v Speaker 1>back to the scene, where they a blanket over Michelle's legs.

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<v Speaker 1>Police arrive just minutes later. There are no signs of

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<v Speaker 1>forced entry, so police theorized that Michelle knew her attacker

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<v Speaker 1>and had let him in. They asked Michelle's friends who

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<v Speaker 1>might have done this. No one has any ideas. The

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<v Speaker 1>police keep pressing, though, and one friend finally mentions the neighbor,

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<v Speaker 1>Daniel Williams. Daniel was a twenty five year old sailor

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<v Speaker 1>from Michigan who'd also just gotten married. But Daniel and

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<v Speaker 1>his wife, Nicole, had recently gotten some terrible news. They

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<v Speaker 1>had thought Nicole was expecting, but she wasn't pregnant after all. Instead,

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<v Speaker 1>she was dying of ovarian cancer. Daniel was grief stricken,

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<v Speaker 1>but the police had ideas of their own about how

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<v Speaker 1>he was handling it. They developed a theory that Daniel

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<v Speaker 1>had become interested in Michelle. It's only been an hour

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<v Speaker 1>and a half since Michelle's body was found, but police

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<v Speaker 1>are somehow already convinced they've got their man. With no

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<v Speaker 1>other leads, ask Daniel Williams to come down to the station.

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<v Speaker 1>They tell him it's normal to question anyone who'd been

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<v Speaker 1>involved in discovering a body, and Daniel finds himself alone

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<v Speaker 1>in an interrogation room, totally unprepared for what's about to happen.

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<v Speaker 3>This is the worst type of crime you can imagine

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<v Speaker 3>not only a murder, but a murder rape of a

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<v Speaker 3>young woman. And these are the kinds of cases that

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<v Speaker 3>really get the adrenaline of police departments up.

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<v Speaker 1>That's our friend Richard Leo, one of the globes leading

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<v Speaker 1>experts on false confessions. He's also co authored a book

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<v Speaker 1>about the Norfolk Four.

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<v Speaker 3>It's entrenched in the police culture that when you interrogate,

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<v Speaker 3>it's because your goal is to get a confession. We

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<v Speaker 3>all think an innocent person wouldn't falsely confess. So it's

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<v Speaker 3>a puzzle why would people do something that none of

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<v Speaker 3>us think we would do.

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<v Speaker 1>Some of you may remember our explanation of how false

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<v Speaker 1>confessions happen from last season. If you're new to this podcast,

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<v Speaker 1>you can check out our first episode or Steve and

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<v Speaker 1>I take a deep dive into the interrogation room. Here's

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<v Speaker 1>how it goes. For Daniel Williams, police accuse him of

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<v Speaker 1>raping and killing Michelle Bosco, and Daniel says he had

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<v Speaker 1>nothing to do with it. They ask him to take

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<v Speaker 1>a polygraph and he agrees. He wants to prove his innocence,

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<v Speaker 1>but police lie to Daniel. They tell him he failed

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<v Speaker 1>the polygraph when he really passed it. They say the

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<v Speaker 1>polygraph proves he's guilty.

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<v Speaker 3>Polygraphs, in any event, are highly unreliable. They're not scientific

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<v Speaker 3>what police pretend they are. You give a suspect polygraph,

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<v Speaker 3>you tell them the results indicate that they're lying, and

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<v Speaker 3>that the machine is scientific and error free. So it's

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<v Speaker 3>an effective interrogation technique in breaking down somebody's resistance and

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<v Speaker 3>denials because science has just proven beyond any doubt that

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<v Speaker 3>they are guilty.

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<v Speaker 1>Daniel's scared as hell. It's dawning on him that the

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<v Speaker 1>police will never believe he's innocent. They insist that Daniel

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<v Speaker 1>needs to admit he attacked Michelle. The interrogation goes on

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<v Speaker 1>overnight for eight hours, but Daniel won't say he did it. Now,

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<v Speaker 1>none of the interrogation was taped, so we don't have

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<v Speaker 1>a perfect record of what happened, but we do know

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<v Speaker 1>that by early morning Daniel still hadn't confessed. So police

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<v Speaker 1>bring in a closer, an interrogator who knows how to

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<v Speaker 1>get confessions, and according to Daniel, that's when things get

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<v Speaker 1>really rough.

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<v Speaker 2>So the detective who was the primary instigator in this

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<v Speaker 2>case was a man named Detective Ford, and Daniel Williams

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<v Speaker 2>was not equipped to deal with his high stress interrogation tactics.

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<v Speaker 1>According to Daniel, the detective suggests that he'd been attracted

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<v Speaker 1>to Michelle. Maybe he couldn't have sex with his dying

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<v Speaker 1>wife as much as he wanted to. Ford says, maybe

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<v Speaker 1>Daniel wanted an affair with Michelle and he went to

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<v Speaker 1>her apartment to get it.

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<v Speaker 2>Daniel went from the joy of finding someone to spend

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<v Speaker 2>the rest of his life with to knowing that his

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<v Speaker 2>wife was going to die painful, miserable death in all likelihood.

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<v Speaker 2>In the middle of that, he's accused of sexually assaulting

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<v Speaker 2>and murdering his neighbor. Unbelievable.

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<v Speaker 1>The interrogation only gets worse from there. Daniels told the

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<v Speaker 1>evidence against him is rock solid. The death penalty is

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<v Speaker 1>on the table, Ford tells him unless he cooperates with

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<v Speaker 1>police and confesses.

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<v Speaker 2>Daniel is essentially assaulted with threats of the death penalty,

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<v Speaker 2>lies about the evidence against him, screaming, shouting, breaking him down,

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<v Speaker 2>accusing him of being a liar, and after a long

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<v Speaker 2>period of time, Daniel agrees to a preconceived story that

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<v Speaker 2>was fed to him by Detective Ford.

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<v Speaker 1>That's when police finally turned on the tape recorder.

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<v Speaker 4>I got her in the back round and I forced

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<v Speaker 4>her to the floor. I forced her to have intercourse

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<v Speaker 4>with me. She resisted, and I hit her a couple

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<v Speaker 4>of times in my hand. I grabbed a flat, hard

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<v Speaker 4>shoe and I struck her with it once, and I

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<v Speaker 4>got up and I left.

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<v Speaker 1>Soon enough, though, police realized they've got a problem. While

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<v Speaker 1>they're recording Daniel's confession. The autopsy report comes back and

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<v Speaker 1>they learned Michelle hadn't been beaten with a shoe, she'd

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<v Speaker 1>actually been stabbed. So now police have to feed Daniel

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<v Speaker 1>a news story.

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<v Speaker 5>So you stabbed her box me three times?

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<v Speaker 4>That Greg, that is correct.

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<v Speaker 3>People look at these confessions and say, well, geez, you know,

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<v Speaker 3>they described the crime scene, they described the weapon. People

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<v Speaker 3>don't know that when an innocent person is broken down

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<v Speaker 3>and falsely confesses, the police fed them the crime facts,

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<v Speaker 3>and the person, after many hours, repeated that back.

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<v Speaker 1>By seven o'clock the next morning, Daniel Williams has become

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<v Speaker 1>a confessed killer. He's arrested and calls his mom right

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<v Speaker 1>away from jail to recant his confession, but it's too late.

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<v Speaker 1>Daniel is charged with capital murder, meaning the death penalty

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<v Speaker 1>is on the table and the Norfolk Police close the case.

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<v Speaker 1>The case stayed closed for all of four months. That's

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<v Speaker 1>when results came back from a DNA test on the

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<v Speaker 1>seamen found on Michelle's body. It was a single mail

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<v Speaker 1>profile that didn't belong to Daniel Williams.

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<v Speaker 2>Game over. This is the kind of evidence that exonerates defendants.

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<v Speaker 2>All of the.

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<v Speaker 1>Time, Dan should have been on his way home.

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<v Speaker 2>He and his wife should have been able to spend

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<v Speaker 2>her remaining days together.

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<v Speaker 1>His confession was false, the DNA proved, but the police

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<v Speaker 1>refuse to let go of their belief in Daniel's guilt. Instead,

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<v Speaker 1>they developed a new theory. Another man must have been

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<v Speaker 1>there too, and before long they picked out a second suspect.

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<v Speaker 5>This episode is sponsored by AIG, a leading global insurance company,

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<v Speaker 5>and Paul Weiss Rifkin, Wharton and Garrison, a leading international

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<v Speaker 5>law firm. The AIG pro Bono program provides free legal

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<v Speaker 5>services and other support to many nonprofit organizations and individuals

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<v Speaker 5>most in need, and recently they announced that working to

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<v Speaker 5>reform the criminal justice system will become a key pillar

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<v Speaker 5>of the program's mission. Paul Weiss has long had an

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<v Speaker 5>unwavering commitment to providing impactful, pro bono legal assistance to

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<v Speaker 5>the most vulnerable members of our society and in support

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<v Speaker 5>of the public interest, including extensive work in the criminal

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<v Speaker 5>justice area.

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<v Speaker 1>Joe Dick was twenty one, a Navy sailor who rented

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<v Speaker 1>a room from Daniel and Nicole Williams. Joe had grown

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<v Speaker 1>up in Baltimore with major intellectual disabilities that made him

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<v Speaker 1>think more like a child. Joe was eager to please

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<v Speaker 1>and very easy to intimidate. As a high schooler, he

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<v Speaker 1>worked at his church mowing the lawn until one day

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<v Speaker 1>when the mower clawed, Joe reached inside and the blade

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<v Speaker 1>cut off a couple of his fingers. After that, whenever

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<v Speaker 1>his high school shop teachers told him to use machinery

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<v Speaker 1>that he didn't understand, Joe would hide until class was over. Unfortunately,

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<v Speaker 1>Joe couldn't hide from Detective Ford. Six months after Michelle's death,

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<v Speaker 1>naval security turns Joe over for interrogation. Detective Ford accuses

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<v Speaker 1>Joe of helping Daniel kill Michelle Bosco. Now Joe is

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<v Speaker 1>really confused because he remembers being on in his ship

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<v Speaker 1>the night Michelle was killed. But again Ford administers a

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<v Speaker 1>polygraph and says Joe failed. Ford shows Joe a picture

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<v Speaker 1>of Michelle lying dead on the floor and says he'll

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<v Speaker 1>get the death penalty unless he admits helping Daniel killer.

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<v Speaker 1>It's pretty clear there's only one story Ford will accept.

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<v Speaker 3>Innocent suspects come to see their situation as hopeless, that

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<v Speaker 3>there's no way out other than to give the interrogator

0:14:26.200 --> 0:14:29.960
<v Speaker 3>what they want, and the interrogator is offering them a

0:14:30.000 --> 0:14:33.560
<v Speaker 3>way out by suggesting they can go home, or they'll

0:14:33.560 --> 0:14:36.400
<v Speaker 3>mitigate their damage, or or they can just put an

0:14:36.520 --> 0:14:39.760
<v Speaker 3>end to the interrogation. Most people don't know police are

0:14:39.840 --> 0:14:43.520
<v Speaker 3>trained in these manipulative techniques. And of course, if the

0:14:43.560 --> 0:14:45.920
<v Speaker 3>police have the right person, that's a good thing as

0:14:45.960 --> 0:14:48.280
<v Speaker 3>long as they follow the law. But sometimes they get

0:14:48.280 --> 0:14:49.040
<v Speaker 3>the wrong person.

0:14:49.680 --> 0:14:52.960
<v Speaker 1>Soon enough, Detective Ford turns on the recorder and Joe

0:14:53.000 --> 0:14:56.960
<v Speaker 1>Dick confesses to helping Daniel rape and murder Michelle Bosco.

0:14:57.120 --> 0:14:58.880
<v Speaker 1>At least he does the best he can.

0:15:00.200 --> 0:15:02.800
<v Speaker 6>Why did you two take it upon yourselves to rape

0:15:03.000 --> 0:15:03.920
<v Speaker 6>and murder this woman?

0:15:07.440 --> 0:15:07.760
<v Speaker 4>Don't know?

0:15:12.960 --> 0:15:18.720
<v Speaker 6>Didn't you describe the knife? All I can say about

0:15:18.720 --> 0:15:22.760
<v Speaker 6>the knife is it looked like a normal kitchen knife

0:15:23.040 --> 0:15:26.239
<v Speaker 6>that you would use for Nader song, Charlotte.

0:15:26.320 --> 0:15:32.880
<v Speaker 3>Yes, Joe Dick is slow and low functioning and highly suggestible,

0:15:33.560 --> 0:15:37.360
<v Speaker 3>and these are personality traits that make somebody more vulnerable

0:15:37.400 --> 0:15:41.520
<v Speaker 3>to making false confessions. And so it took less time

0:15:42.120 --> 0:15:44.720
<v Speaker 3>to break Joe Dick than it took to break the others.

0:15:45.040 --> 0:15:49.120
<v Speaker 2>Joe Dick was even less equipped to deal with the

0:15:49.120 --> 0:15:54.360
<v Speaker 2>interrogation tactics of Detective Ford. He was a follower in

0:15:54.440 --> 0:15:58.080
<v Speaker 2>the truest sense of the word, and Detective Ford took

0:15:58.120 --> 0:15:58.840
<v Speaker 2>advantage of that.

0:15:59.800 --> 0:16:03.240
<v Speaker 1>On this confession. Joe is charged with capital murder as

0:16:03.360 --> 0:16:06.880
<v Speaker 1>Daniel's co defendant. The police were sure that this time

0:16:06.920 --> 0:16:11.440
<v Speaker 1>they'd closed the case. Then within weeks, Joe's DNA is

0:16:11.480 --> 0:16:14.600
<v Speaker 1>compared to the semen from the crime scene. Turns out

0:16:14.760 --> 0:16:18.280
<v Speaker 1>the DNA doesn't belong to him either. Neither Joe Dick

0:16:18.320 --> 0:16:21.520
<v Speaker 1>nor Daniel Williams could have been the attacker. But instead

0:16:21.560 --> 0:16:24.640
<v Speaker 1>of looking outside their circle of suspects, police decide to

0:16:24.720 --> 0:16:28.400
<v Speaker 1>expand it. They insist that Daniel and Joe must still

0:16:28.440 --> 0:16:31.480
<v Speaker 1>be guilty, but now they decide a third man must

0:16:31.480 --> 0:16:32.320
<v Speaker 1>have been involved too.

0:16:32.880 --> 0:16:39.000
<v Speaker 2>You know, when faced with compelling evidence of innocence, compelling

0:16:39.040 --> 0:16:42.920
<v Speaker 2>evidence that your theory is wrong. You should be examining

0:16:43.000 --> 0:16:47.920
<v Speaker 2>the theory, not trying to reinterpret facts to create a

0:16:47.960 --> 0:16:52.920
<v Speaker 2>new theory which accommodates the DNA evidence. We see this

0:16:53.160 --> 0:16:57.359
<v Speaker 2>over and over again. When prosecutions start changing their theories

0:16:57.680 --> 0:17:01.800
<v Speaker 2>in midstream, you have to be very concerned and an

0:17:01.800 --> 0:17:03.440
<v Speaker 2>injustice is about to happen.

0:17:05.680 --> 0:17:09.040
<v Speaker 1>By this point, two injustices had already happened, and more

0:17:09.080 --> 0:17:11.960
<v Speaker 1>were still to come. Joe's lawyer told him that his

0:17:12.080 --> 0:17:15.320
<v Speaker 1>best hope of escaping the electric chair would be if

0:17:15.320 --> 0:17:19.520
<v Speaker 1>he identified one more perpetrator. Pretty soon, Joe came up

0:17:19.560 --> 0:17:23.400
<v Speaker 1>with a third name, Eric Wilson, and on April eighth,

0:17:23.520 --> 0:17:27.520
<v Speaker 1>nineteen ninety eight, Eric became the next domino waiting to fall.

0:17:30.200 --> 0:17:32.800
<v Speaker 1>Eric Wilson was a twenty one year old naval recruit

0:17:32.880 --> 0:17:35.600
<v Speaker 1>from Texas. He was an eagle scout, the kind of

0:17:35.600 --> 0:17:37.920
<v Speaker 1>guy who'd walk girls home from parties when their dates

0:17:37.920 --> 0:17:41.920
<v Speaker 1>got too drunk. On April eighth, Detective Ford starts interrogating

0:17:42.080 --> 0:17:46.080
<v Speaker 1>Eric Wilson once again. Ford administers a polygraph and tells

0:17:46.200 --> 0:17:49.399
<v Speaker 1>Eric he flunked it, just like with Joe. Ford slaps

0:17:49.400 --> 0:17:52.399
<v Speaker 1>a picture of Michelle's dead body on the table. And

0:17:52.440 --> 0:17:55.399
<v Speaker 1>says he can prove Eric helped Daniel and Joe commit

0:17:55.440 --> 0:17:58.640
<v Speaker 1>the crime. It was all bullshit. Eric barely even knew

0:17:58.720 --> 0:18:01.760
<v Speaker 1>Daniel or Joe. But after hours in the interrogation room,

0:18:02.040 --> 0:18:05.040
<v Speaker 1>Eric starts to doubt his own memory. Maybe he really

0:18:05.160 --> 0:18:06.760
<v Speaker 1>was lying and didn't realize it.

0:18:07.200 --> 0:18:10.879
<v Speaker 3>People come to doubt themselves and their memories or beliefs

0:18:10.920 --> 0:18:16.880
<v Speaker 3>in interrogations. It's a high pressure game of deception, manipulation,

0:18:17.160 --> 0:18:20.840
<v Speaker 3>persuasion to get people who deny committing a crime to

0:18:20.880 --> 0:18:22.000
<v Speaker 3>confess to committing it.

0:18:22.480 --> 0:18:26.640
<v Speaker 1>Eventually, Eric agrees to the cop story. Detective Ford turns

0:18:26.640 --> 0:18:29.560
<v Speaker 1>on the recorder and Eric repeats what he's been told

0:18:29.960 --> 0:18:33.879
<v Speaker 1>that he, Joe and Daniel raped Michelle, but he says

0:18:33.960 --> 0:18:36.120
<v Speaker 1>he left before the stabbing started.

0:18:36.760 --> 0:18:41.159
<v Speaker 7>I grabbed Michelle by either the shoulders or the upper arm.

0:18:41.560 --> 0:18:45.879
<v Speaker 2>I can't remember exactly. I didn't know what to do.

0:18:45.960 --> 0:18:47.200
<v Speaker 2>I was real confused.

0:18:48.960 --> 0:18:53.680
<v Speaker 8>Well, Dan ended up raping her, and.

0:18:57.040 --> 0:19:00.200
<v Speaker 2>LEVI went in next and I start.

0:19:01.560 --> 0:19:05.280
<v Speaker 1>And soon enough Eric Wilson is charged as capital defendant

0:19:05.480 --> 0:19:06.680
<v Speaker 1>number three.

0:19:06.720 --> 0:19:10.320
<v Speaker 3>He said that the interrogation was so coercive that he

0:19:10.320 --> 0:19:13.159
<v Speaker 3>would have said anything if they had told him that

0:19:13.240 --> 0:19:15.600
<v Speaker 3>he needed to confess to the killing of John F. Kennedy.

0:19:15.640 --> 0:19:18.159
<v Speaker 3>He would have said he handed Oswald the gun. He

0:19:18.200 --> 0:19:20.120
<v Speaker 3>would have said anything just to get out of there

0:19:20.160 --> 0:19:23.600
<v Speaker 3>at the end of many, many hours that broke him down.

0:19:24.280 --> 0:19:27.840
<v Speaker 1>But again, weeks pass, the DNA is tested, and yet

0:19:27.840 --> 0:19:31.040
<v Speaker 1>again it's not a match. By mid June, police are

0:19:31.040 --> 0:19:32.320
<v Speaker 1>looking for a fourth man.

0:19:32.840 --> 0:19:36.280
<v Speaker 2>Oh for three. This is bad enough for Joe Dick

0:19:36.560 --> 0:19:40.919
<v Speaker 2>and Dan Williams and Eric Wilson. Imagine what it's like

0:19:41.200 --> 0:19:45.240
<v Speaker 2>for Billy Bosco. The worst possible nightmare you can imagine.

0:19:45.800 --> 0:19:48.760
<v Speaker 2>But it only gets worse because please keep telling him,

0:19:49.080 --> 0:19:51.960
<v Speaker 2>it's not just one person that raped and killed your wife,

0:19:52.000 --> 0:19:57.080
<v Speaker 2>it's two and then three. She's being violated over and

0:19:57.280 --> 0:20:01.840
<v Speaker 2>over again. He has to relive the trial every time.

0:20:01.960 --> 0:20:06.600
<v Speaker 2>The police bring in somebody else to this story, and

0:20:06.640 --> 0:20:07.680
<v Speaker 2>it's all a lie.

0:20:08.160 --> 0:20:11.000
<v Speaker 1>To find their fourth man, police go back to Joe Dick.

0:20:11.560 --> 0:20:15.959
<v Speaker 1>After a lot more questioning, Joe offers another name, George Clark.

0:20:16.680 --> 0:20:19.639
<v Speaker 1>Now police have no idea who George Clark might be,

0:20:20.119 --> 0:20:23.639
<v Speaker 1>or if this person even exists, so they bring Joe

0:20:23.680 --> 0:20:27.600
<v Speaker 1>an old Navy yearbook. Joe flips through it and points

0:20:27.640 --> 0:20:31.520
<v Speaker 1>to a picture of a former sailor named Derek Tice. Yeah,

0:20:31.640 --> 0:20:37.000
<v Speaker 1>Joe says, that looks like him. Derek Tye was born

0:20:37.040 --> 0:20:40.080
<v Speaker 1>in North Carolina, a Southerner who called his elders sir

0:20:40.240 --> 0:20:43.240
<v Speaker 1>and ma'am. Derek was really smart, but he had a

0:20:43.320 --> 0:20:46.560
<v Speaker 1>learning disability and never did well in school. He scraped

0:20:46.600 --> 0:20:49.439
<v Speaker 1>through graduation and enlisted in the Navy to get trained

0:20:49.440 --> 0:20:53.199
<v Speaker 1>as a paramedic. But now it's Derek Tye's turn to

0:20:53.200 --> 0:20:56.639
<v Speaker 1>be questioned by Detective Ford. When Derek says he knows

0:20:56.680 --> 0:21:01.040
<v Speaker 1>nothing about Michelle Bosco's murder, Ford falsely tells Derek that

0:21:01.119 --> 0:21:03.760
<v Speaker 1>physical evidence had already proven him guilty.

0:21:04.160 --> 0:21:07.800
<v Speaker 3>Police routinely pretend to have evidence they don't have, state

0:21:07.840 --> 0:21:11.440
<v Speaker 3>that there is evidence that doesn't exist. That's an acceptable

0:21:11.480 --> 0:21:15.080
<v Speaker 3>technique in American policing. In the American legal system, unlike

0:21:15.080 --> 0:21:16.760
<v Speaker 3>in other legal systems.

0:21:17.000 --> 0:21:19.359
<v Speaker 1>Ford follows the same playbook that he used on the

0:21:19.359 --> 0:21:22.760
<v Speaker 1>other three. He administers a polygraph and tells Derek he

0:21:22.800 --> 0:21:26.320
<v Speaker 1>failed it again. Ford threatens Derek with the death penalty

0:21:26.440 --> 0:21:30.760
<v Speaker 1>unless he confesses. After nearly twelve hours of this, Derek

0:21:30.840 --> 0:21:34.320
<v Speaker 1>agrees to confess. Just like the others on tape, He

0:21:34.400 --> 0:21:37.440
<v Speaker 1>repeats the story that Ford tells him that he committed

0:21:37.480 --> 0:21:40.520
<v Speaker 1>the rape and murder along with Daniel, Joe and Eric.

0:21:41.200 --> 0:21:44.040
<v Speaker 1>This story is enough for Derek to become the fourth

0:21:44.119 --> 0:21:46.359
<v Speaker 1>man charged with the attack on Michelle Bosco.

0:21:46.960 --> 0:21:50.080
<v Speaker 2>Why did you all agree to go with him? I

0:21:50.160 --> 0:21:53.320
<v Speaker 2>agree because of pil pleasure.

0:21:54.160 --> 0:21:56.000
<v Speaker 4>I can't say why the others did.

0:21:56.119 --> 0:21:59.120
<v Speaker 2>I believe it is for the same ways.

0:22:00.040 --> 0:22:02.359
<v Speaker 1>Probably guess what I'm about to tell you next. The

0:22:02.440 --> 0:22:05.320
<v Speaker 1>DNA is tested yet again and it doesn't belong to

0:22:05.359 --> 0:22:06.040
<v Speaker 1>Derek either.

0:22:06.600 --> 0:22:10.919
<v Speaker 2>This is false confession number four. Laura. I know you

0:22:10.960 --> 0:22:12.440
<v Speaker 2>don't know much about baseball.

0:22:12.560 --> 0:22:14.119
<v Speaker 1>Yeah, but I do know that no one gets a

0:22:14.119 --> 0:22:14.840
<v Speaker 1>fourth strike.

0:22:16.240 --> 0:22:18.520
<v Speaker 2>You don't get a fourth strike in baseball, and you

0:22:18.560 --> 0:22:21.960
<v Speaker 2>don't get a fourth strike in law enforcement. It's time

0:22:22.040 --> 0:22:25.400
<v Speaker 2>to call this game. It's time to end this charade.

0:22:27.359 --> 0:22:30.639
<v Speaker 1>All four sailors have been proven innocent by DNA, but

0:22:30.760 --> 0:22:34.600
<v Speaker 1>prosecutors ignore the evidence and move forward with cases against

0:22:34.640 --> 0:22:39.439
<v Speaker 1>all of them. Daniel Williams, Joe Dick, Eric Wilson, and

0:22:39.480 --> 0:22:55.000
<v Speaker 1>Derek Tice become known as the Norfolk Four. As prosecutors

0:22:55.040 --> 0:22:57.360
<v Speaker 1>got ready to try the Norfolk Four, the case took

0:22:57.400 --> 0:23:01.560
<v Speaker 1>a serious twist. On February twenty second, nineteen ninety nine,

0:23:01.880 --> 0:23:05.159
<v Speaker 1>a prison inmate named Omar Ballard sent a letter to

0:23:05.200 --> 0:23:09.920
<v Speaker 1>his friend. In it, Ballard mentioned Michelle Bosco's murder and wrote,

0:23:10.160 --> 0:23:16.359
<v Speaker 1>guess who did that me? Omar Ballard was in prison

0:23:16.440 --> 0:23:19.919
<v Speaker 1>for raping a fourteen year old girl and for beating

0:23:20.000 --> 0:23:23.639
<v Speaker 1>up one of Michelle Bosco's female neighbors a few weeks

0:23:23.680 --> 0:23:27.280
<v Speaker 1>before Michelle died. In fact, right after he'd committed the assault,

0:23:27.560 --> 0:23:30.639
<v Speaker 1>Ballard had been chased through the apartment complex by an

0:23:30.680 --> 0:23:34.480
<v Speaker 1>angry crowd eager to exact revenge. To protect him from

0:23:34.480 --> 0:23:37.439
<v Speaker 1>the mob, Michelle let Ballard hide in her and Billy's

0:23:37.440 --> 0:23:41.440
<v Speaker 1>apartment until things calmed down. Two weeks later, Michelle was

0:23:41.520 --> 0:23:48.800
<v Speaker 1>killed in that same apartment by someone she knew. Police

0:23:48.840 --> 0:23:52.119
<v Speaker 1>brought Ballard in from prison for questioning. This time, it

0:23:52.160 --> 0:23:55.760
<v Speaker 1>didn't take a polygraph to get a confession. Ballard admitted

0:23:55.880 --> 0:23:59.840
<v Speaker 1>to raping and stabbing Michelle Bosco, and he insisted that

0:23:59.880 --> 0:24:04.800
<v Speaker 1>he acted alone. Most importantly, police finally had their DNA

0:24:04.920 --> 0:24:08.960
<v Speaker 1>match the semen at the crime scene belonged to Omar Ballard.

0:24:10.960 --> 0:24:12.800
<v Speaker 6>No, no, I guess something, just taking my head and

0:24:12.880 --> 0:24:15.359
<v Speaker 6>I went to the kitchen and got a knife, went

0:24:15.400 --> 0:24:18.840
<v Speaker 6>back to the room, she was getting ab off the bid,

0:24:18.960 --> 0:24:21.679
<v Speaker 6>or she was already above the big when I stabbed

0:24:21.680 --> 0:24:23.679
<v Speaker 6>in the chairs one time, and when she got on

0:24:23.720 --> 0:24:26.200
<v Speaker 6>the floor, I think I said about two or three

0:24:26.200 --> 0:24:28.720
<v Speaker 6>more times. I'm not quite sure was anybody with you

0:24:28.840 --> 0:24:29.600
<v Speaker 6>during this defense?

0:24:30.600 --> 0:24:36.320
<v Speaker 2>No police officers were handed the true perpetrator on a

0:24:36.359 --> 0:24:39.879
<v Speaker 2>silver platter. The wake up call was hand delivered to

0:24:39.920 --> 0:24:44.880
<v Speaker 2>them literally. Omar Ballard confessed to this crime and then

0:24:45.040 --> 0:24:47.479
<v Speaker 2>DNA matched him before trial.

0:24:48.160 --> 0:24:53.439
<v Speaker 1>Walk away, but prosecutors wouldn't walk away. Instead, they offered

0:24:53.520 --> 0:24:57.000
<v Speaker 1>Joe Dick a plea deal if he testified that everyone

0:24:57.080 --> 0:25:00.159
<v Speaker 1>else had been there along with Ballard. For Joe, the

0:25:00.200 --> 0:25:04.240
<v Speaker 1>death penalty would be off the table. It worked. Joe

0:25:04.240 --> 0:25:07.080
<v Speaker 1>Dick pled guilty and agreed to testify against the others

0:25:07.160 --> 0:25:10.919
<v Speaker 1>as he'd been told. In short order, Derek Tice was

0:25:10.960 --> 0:25:14.199
<v Speaker 1>convicted of murder and Eric Wilson was convicted of rape.

0:25:14.680 --> 0:25:17.760
<v Speaker 1>As for Daniel Williams, he'd pled guilty to both rape

0:25:17.800 --> 0:25:23.040
<v Speaker 1>and murder only a few weeks before Ballard's letter turned up. Daniel, Joe,

0:25:23.080 --> 0:25:27.040
<v Speaker 1>and Derek all received life in prison. Eric Wilson was

0:25:27.080 --> 0:25:29.240
<v Speaker 1>sentenced to eight and a half years for rape.

0:25:29.640 --> 0:25:33.800
<v Speaker 3>There was just something almost Twilight Zone like about this case.

0:25:34.240 --> 0:25:37.879
<v Speaker 3>You had four people in prison for a rape and murder.

0:25:38.359 --> 0:25:41.520
<v Speaker 3>The DNA evidence did not link to any of them,

0:25:41.720 --> 0:25:44.199
<v Speaker 3>and it linked to somebody else who had a history

0:25:44.280 --> 0:25:48.040
<v Speaker 3>of violent crime and rape, and he admitted that he

0:25:48.119 --> 0:25:48.399
<v Speaker 3>did it.

0:25:48.800 --> 0:25:51.480
<v Speaker 1>At his own trial in two thousand, Omar Ballard pled

0:25:51.560 --> 0:25:55.520
<v Speaker 1>guilty to killing Michelle Bosco, but the prosecution also made

0:25:55.560 --> 0:25:58.359
<v Speaker 1>a deal with him in exchange for a sentence of

0:25:58.400 --> 0:26:01.840
<v Speaker 1>life rather than death. Ballard told the court that the

0:26:01.880 --> 0:26:05.479
<v Speaker 1>Norfolk four had participated in the attack. It was the

0:26:05.520 --> 0:26:11.800
<v Speaker 1>only time he implicated any of them. Back in prison,

0:26:11.880 --> 0:26:15.439
<v Speaker 1>Ballard returned to his original story over and over. He

0:26:15.480 --> 0:26:19.160
<v Speaker 1>insisted that he was the sole perpetrator. That was enough

0:26:19.200 --> 0:26:22.680
<v Speaker 1>for several large law firms to start reinvestigating the Norfolk

0:26:22.680 --> 0:26:26.640
<v Speaker 1>Forest convictions. In September two thousand and five, Eric Wilson

0:26:26.720 --> 0:26:29.720
<v Speaker 1>was paroled after serving his full sentence, and in two

0:26:29.800 --> 0:26:33.359
<v Speaker 1>thousand and nine, Virginia Governor Tim Kaine granted a conditional

0:26:33.440 --> 0:26:36.879
<v Speaker 1>pardon to Derek, Daniel and Joe based on the weakness

0:26:37.000 --> 0:26:39.760
<v Speaker 1>of the case against them. So all of the Norfolk

0:26:39.800 --> 0:26:42.520
<v Speaker 1>four were out of prison, but they were still living

0:26:42.640 --> 0:26:46.560
<v Speaker 1>as convicted murderers and sex offenders, they still had to

0:26:46.560 --> 0:26:50.800
<v Speaker 1>win exoneration. Derek Tice was the first to be granted

0:26:50.800 --> 0:26:53.520
<v Speaker 1>a new trial in two thousand and nine. His lawyers

0:26:53.520 --> 0:26:55.440
<v Speaker 1>found evidence that he had tried to ask for a

0:26:55.520 --> 0:26:58.520
<v Speaker 1>lawyer during questioning, but he wasn't given one in violation

0:26:58.600 --> 0:27:02.480
<v Speaker 1>of his Miranda rights. Before Derek could be retried, two

0:27:02.560 --> 0:27:07.359
<v Speaker 1>more bombshells dropped. First, a PBS Frontline episode about the

0:27:07.359 --> 0:27:10.840
<v Speaker 1>Norfolk Four aired in twenty ten, featuring none other than

0:27:10.920 --> 0:27:14.480
<v Speaker 1>Omar Ballard. During an interview from behind barr as, Ballard

0:27:14.520 --> 0:27:18.760
<v Speaker 1>insisted he had acted alone. The second bombshell had to

0:27:18.760 --> 0:27:22.600
<v Speaker 1>do with Detective Ford. In twenty ten, a federal jury

0:27:22.640 --> 0:27:26.520
<v Speaker 1>convicted Ford of extortion. He'd gotten criminal defendants to pay

0:27:26.600 --> 0:27:29.600
<v Speaker 1>him to say they deserved shorter sentences because they'd given

0:27:29.680 --> 0:27:33.680
<v Speaker 1>valuable information. Ford was sentenced to more than twelve years

0:27:33.880 --> 0:27:37.479
<v Speaker 1>in prison. That was enough to convince prosecutors not to

0:27:37.520 --> 0:27:40.679
<v Speaker 1>retry Derek Tice, and he became the first of the

0:27:40.720 --> 0:27:45.719
<v Speaker 1>Norfolk Four to win exoneration. In twenty sixteen, a federal

0:27:45.760 --> 0:27:48.440
<v Speaker 1>court held a hearing to determine whether Daniel Williams and

0:27:48.520 --> 0:27:52.480
<v Speaker 1>Joe Dick were innocent too. At that hearing, Joe's commanding

0:27:52.480 --> 0:27:55.840
<v Speaker 1>officer testified that Joe had been on duty the night

0:27:55.840 --> 0:27:59.080
<v Speaker 1>of Michelle Bosco's death and couldn't have killed her. It

0:27:59.119 --> 0:28:01.640
<v Speaker 1>was testimony that it never came out before because Joe

0:28:01.720 --> 0:28:06.159
<v Speaker 1>had been persuaded to plead guilty. In light of this

0:28:06.240 --> 0:28:09.760
<v Speaker 1>evidence and everything else that didn't make sense, the judge

0:28:09.800 --> 0:28:13.760
<v Speaker 1>granted Daniel and Joe new trials too. By any measure,

0:28:13.960 --> 0:28:18.040
<v Speaker 1>the judge wrote, the evidence shows their innocence. No sane

0:28:18.160 --> 0:28:23.120
<v Speaker 1>human being could find them guilty. The prosecution took the hint.

0:28:23.600 --> 0:28:27.240
<v Speaker 1>On December fifteenth, twenty sixteen, they decided not to retry

0:28:27.359 --> 0:28:31.280
<v Speaker 1>Daniel or Joe either. The only one left was Eric Wilson.

0:28:32.400 --> 0:28:35.480
<v Speaker 1>Eric's turn came just a few months later. On March

0:28:35.480 --> 0:28:40.360
<v Speaker 1>twenty first, twenty seventeen, Governor Terry mccaliffe granted absolute pardons

0:28:40.360 --> 0:28:44.520
<v Speaker 1>to each of the four men, removing all doubt. Finally,

0:28:45.000 --> 0:28:49.040
<v Speaker 1>after twenty years of hell, the Norfolk Four were exonerated.

0:28:51.720 --> 0:28:56.720
<v Speaker 3>Counterintuitively, the Norfolk four are lucky. They spent many years

0:28:56.720 --> 0:28:59.880
<v Speaker 3>in prison based on false confessions to crimes they didn't commit,

0:29:00.400 --> 0:29:03.160
<v Speaker 3>but there was DNA in their case and they got

0:29:03.200 --> 0:29:08.720
<v Speaker 3>out These are all earnest, honest, down to earth individuals

0:29:08.720 --> 0:29:12.400
<v Speaker 3>who serve their country well, whose wrongful convictions took the

0:29:12.440 --> 0:29:15.480
<v Speaker 3>best years of their lives for almost two decades before

0:29:15.520 --> 0:29:16.560
<v Speaker 3>they were exonerated.

0:29:18.080 --> 0:29:20.400
<v Speaker 1>The Norfolk Force survived a battle they should never have

0:29:20.440 --> 0:29:23.800
<v Speaker 1>had to fight, and now they're rebuilding their lives.

0:29:27.320 --> 0:29:27.600
<v Speaker 3>Hello.

0:29:28.080 --> 0:29:30.280
<v Speaker 1>Dan, this is Laura and Steve. How are you.

0:29:30.680 --> 0:29:33.000
<v Speaker 2>It's so nice to finally get a chance to talk

0:29:33.040 --> 0:29:34.320
<v Speaker 2>to you dad, and thank you.

0:29:34.800 --> 0:29:37.080
<v Speaker 1>Are you living in Michigan? Are you living in Virginia?

0:29:37.240 --> 0:29:39.240
<v Speaker 7>I'm currently living in Michigan now.

0:29:39.320 --> 0:29:41.160
<v Speaker 1>And what keeps you busy these days?

0:29:41.880 --> 0:29:45.920
<v Speaker 7>After my incarceration? After I got home, I went to

0:29:46.400 --> 0:29:50.719
<v Speaker 7>Baker College of Luasso and got my associate's degree and

0:29:50.760 --> 0:29:52.160
<v Speaker 7>applied science for welding.

0:29:52.920 --> 0:29:55.760
<v Speaker 2>Wonderful? Have you been able to stay working?

0:29:56.240 --> 0:29:57.960
<v Speaker 7>I have not stopped working yet.

0:29:58.320 --> 0:29:59.440
<v Speaker 2>That is phenomenal.

0:29:59.600 --> 0:30:01.360
<v Speaker 1>Let's see, you're a Michigan guy. Are you born and

0:30:01.440 --> 0:30:02.160
<v Speaker 1>raised in Michigan?

0:30:02.520 --> 0:30:02.880
<v Speaker 3>Yes?

0:30:03.000 --> 0:30:03.360
<v Speaker 2>Okay?

0:30:03.480 --> 0:30:04.800
<v Speaker 1>What kind of fishing you like to do? What do

0:30:04.840 --> 0:30:05.440
<v Speaker 1>you go fishing for?

0:30:05.800 --> 0:30:07.680
<v Speaker 7>Usually panfish and bass?

0:30:08.160 --> 0:30:09.480
<v Speaker 1>Yep, lakes or streams?

0:30:09.920 --> 0:30:10.600
<v Speaker 2>Usually lakes.

0:30:11.160 --> 0:30:12.720
<v Speaker 4>Did you ever cook the fish you catch?

0:30:12.840 --> 0:30:13.000
<v Speaker 5>Dan?

0:30:14.320 --> 0:30:18.000
<v Speaker 7>All the time? Cooking is something that I do enjoy. Also,

0:30:18.400 --> 0:30:23.960
<v Speaker 7>since getting out, I have been cooking at our local

0:30:24.160 --> 0:30:27.280
<v Speaker 7>BFW in Alasso Sunday.

0:30:26.920 --> 0:30:29.400
<v Speaker 1>Breakfast, pancake breakfast, that kind of thing.

0:30:29.920 --> 0:30:30.400
<v Speaker 3>Everything.

0:30:30.760 --> 0:30:36.400
<v Speaker 7>Yeah, pancakes, French toast, eggs, to order, omelets, breakfast burrito.

0:30:36.720 --> 0:30:37.480
<v Speaker 2>You're grill mad.

0:30:38.560 --> 0:30:40.680
<v Speaker 1>Yes, And you're at the VFW, so you're there with

0:30:40.720 --> 0:30:43.560
<v Speaker 1>other guys who are in the service. Yes, it's nice

0:30:43.560 --> 0:30:45.160
<v Speaker 1>to be with guys with that same experience.

0:30:46.560 --> 0:30:49.720
<v Speaker 7>I usually just live life one day at a time

0:30:50.040 --> 0:30:52.840
<v Speaker 7>right now and staying positive.

0:30:53.360 --> 0:30:56.280
<v Speaker 1>One day at a time is pretty good these days.

0:30:56.400 --> 0:31:04.480
<v Speaker 8>It sounds like to me, the idea that it took

0:31:04.840 --> 0:31:10.200
<v Speaker 8>so long to right these wrongs is just hard to fathom.

0:31:10.360 --> 0:31:13.880
<v Speaker 2>You know, we claim we care about those in the military,

0:31:14.400 --> 0:31:18.360
<v Speaker 2>we care about our vets, and what was done to

0:31:18.440 --> 0:31:21.400
<v Speaker 2>these men is just beyond the pale.

0:31:21.960 --> 0:31:24.480
<v Speaker 1>Too often it's a fight to exonerate, even people who

0:31:24.480 --> 0:31:27.560
<v Speaker 1>are obviously innocent. But it's a fight that's got to

0:31:27.600 --> 0:31:31.560
<v Speaker 1>be one. That's our life's work, freeing false confessors and

0:31:31.600 --> 0:31:36.560
<v Speaker 1>sharing their stories with you. For Dan, Joe, Eric and Derek,

0:31:36.880 --> 0:31:39.640
<v Speaker 1>that's the least we can do. Thank you for serving

0:31:39.640 --> 0:31:42.200
<v Speaker 1>our country and for letting your stories serve in the

0:31:42.240 --> 0:31:49.160
<v Speaker 1>fight against wrongful convictions. Wrongful Conviction False Confessions is a

0:31:49.200 --> 0:31:53.320
<v Speaker 1>production of Lava for Good Podcasts in association with Signal

0:31:53.320 --> 0:31:57.440
<v Speaker 1>Company Number one Special thanks to our executive producers Jason

0:31:57.440 --> 0:32:01.400
<v Speaker 1>Flamm and Kevin Wardis. Production team is headed by Senior

0:32:01.440 --> 0:32:05.600
<v Speaker 1>producer and Pope, along with producers Joshi Hammer and Jess Shane.

0:32:05.800 --> 0:32:09.040
<v Speaker 1>Our show is mixed by Genie Montalvo. John Colbert is

0:32:09.080 --> 0:32:12.800
<v Speaker 1>our intrepid intern. Our music was composed by Jay Ralph.

0:32:13.200 --> 0:32:16.360
<v Speaker 1>You can follow me on Instagram or Twitter at Laura

0:32:16.400 --> 0:32:17.400
<v Speaker 1>and I Wrider, and you.

0:32:17.360 --> 0:32:20.200
<v Speaker 2>Can follow me on Twitter at Sdrizzen.

0:32:20.560 --> 0:32:23.920
<v Speaker 1>For more information on the show, visit Wrongful Conviction podcast

0:32:24.040 --> 0:32:27.240
<v Speaker 1>dot com. Be sure to follow the show on Instagram

0:32:27.280 --> 0:32:32.040
<v Speaker 1>at Wrongful Conviction, on Facebook at Wrongful Conviction Podcast, and

0:32:32.280 --> 0:32:34.240
<v Speaker 1>on Twitter at wrong Conviction