WEBVTT - #500 Maggie Freleng with Stacy Larson

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<v Speaker 1>Thank you for using GTL.

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<v Speaker 2>Stacy. Yes, it's finally happening.

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<v Speaker 1>Yes it is.

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<v Speaker 2>Stacey Laarson and I have been speaking for years. I've

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<v Speaker 2>been trying to get him on my podcast. He wrote

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<v Speaker 2>me a letter back in twenty twenty.

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<v Speaker 1>Yeah, like four or five years ago.

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<v Speaker 2>It was one of many.

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<v Speaker 3>How many letters do you think you've written over the years?

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<v Speaker 1>Oh geez, oh geez, well over one hundred, eas probably

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<v Speaker 1>a couple of hundred.

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<v Speaker 2>Were you just writing anyone and everyone.

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<v Speaker 1>I've heard about podcasts they get out there. I mean

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<v Speaker 1>they're all over the world. I've seen stuff like that

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<v Speaker 1>on TV, like TikTok and stuff like that. People got

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<v Speaker 1>podcasts on things and stuff. Hey, I got nothing to

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<v Speaker 1>lose by trying. I got more to gain if I

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<v Speaker 1>get in. I'll write it. Anybody try anybody. You just

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<v Speaker 1>don't know.

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<v Speaker 2>Stacy is even on prison pen.

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<v Speaker 1>Pal sites hopt thing some of that might read is hey,

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<v Speaker 1>almost see what this kid to Bob. Maybe I could

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<v Speaker 1>help them, and stuff like that.

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<v Speaker 2>Stacy's doggedness to prove his innocence paid off twenty years

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<v Speaker 2>ago when the Great North Innocence Project took on his case,

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<v Speaker 2>but over the decades, his attorneys have run out of

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<v Speaker 2>avenues to pursue.

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<v Speaker 4>We have believed for a very long time that Stacy

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<v Speaker 4>is innocent, and so this podcast, I think is sort

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<v Speaker 4>of a Hail Mary or a last ditch effort and

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<v Speaker 4>hoping that someone out there will listen to this podcast

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<v Speaker 4>and provide us with new information.

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<v Speaker 1>My name is Stacy Larson. I've been locked up over

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<v Speaker 1>thirty four years. I'm doing a life sentence for a

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<v Speaker 1>crime that i did not do.

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<v Speaker 2>From love of for good. This is wrongful conviction with

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<v Speaker 2>Maggie Freeling today Stacy Larson. Stacy Larson was born June

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<v Speaker 2>twenty sixth, nineteen sixty nine, in Mitchell, South Dakota.

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<v Speaker 1>Southcoat was mostly a farmland. We lived on a farm

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<v Speaker 1>when them or just little kids. They had like tangentss

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<v Speaker 1>of land. We had horses, pickens, geese, stuff like that.

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<v Speaker 1>I grew an old little garden stuff corn, you know, pumpkins, watermelon, tomatoes, carrots,

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<v Speaker 1>rue barb. Mom did all that.

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<v Speaker 2>Did you like that life?

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<v Speaker 1>Yeah?

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<v Speaker 2>Besides tending to their farm, Stacy's mom worked as a

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<v Speaker 2>waitress and bartender, and Stacy's dad was an auto mechanic.

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<v Speaker 1>Mom dad worked a lot. They're always working.

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<v Speaker 2>So Stacy hung out with his siblings.

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<v Speaker 1>Three older brothers. I'm the baby of the family. That

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<v Speaker 1>kind of sucks. What was that like, I, Oh, you

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<v Speaker 1>kind of got always picked on. You always got told

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<v Speaker 1>to do this and do that because you know, mom

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<v Speaker 1>and dad tell them. You guys had certain chores to do,

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<v Speaker 1>and mom dandy around the house. So my brothers had

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<v Speaker 1>me do their chores and stuff. It was a handful

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<v Speaker 1>for my mom. I know that for sure. We're kind

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<v Speaker 1>of like kind of wild kids a little bit. You know,

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<v Speaker 1>I'm doing this, doing that, Mommy, don't be doing that.

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<v Speaker 1>Don't be doing that.

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<v Speaker 2>Well, like, what what would you guys do that? What

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<v Speaker 2>would you guys do? That would kiss her off?

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<v Speaker 1>Oh? We like go outside and run around and get dirty,

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<v Speaker 1>come in and stuff like that. Be wrestling around in

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<v Speaker 1>the house, horse playing and stuff. They like, don't be

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<v Speaker 1>doing that in the house. Do it outside.

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<v Speaker 2>Stacy remembers spending a lot of time outdoors.

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<v Speaker 1>We lived by the Mitchell Lake, so we got to

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<v Speaker 1>go to the lake and go swim in and stuff

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<v Speaker 1>like that. Let me go to Rapid City. My mom

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<v Speaker 1>and dad had friends out there. They live out in

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<v Speaker 1>the hills. They had a motor home a boat. So

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<v Speaker 1>we used to go fishing and moving, swimming, all that stuff, camping,

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<v Speaker 1>like for a week out there in Rapid City.

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<v Speaker 5>So I'm looking at a map Stacy, and kind of

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<v Speaker 5>near where you grew up, there's a place called the

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<v Speaker 5>Corn Palace.

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<v Speaker 2>Have you been to the Corn Palace?

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<v Speaker 1>Yeah? I used to work there.

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<v Speaker 2>That's Mental South Dakota, and Stacy loved it. But as

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<v Speaker 2>he got older he started to act out.

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<v Speaker 1>That's kind of like the little shit. I didn't really

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<v Speaker 1>like pay attention to my parents that much, you know,

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<v Speaker 1>just kind of did what I wanted to do.

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<v Speaker 2>Stacy dropped out of school in tenth grade.

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<v Speaker 1>I kind of struggled in school. I couldn't like pay

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<v Speaker 1>attention too well. I couldn't sit stale too well. I

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<v Speaker 1>was I had like you know, I was always like

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<v Speaker 1>HDD whatever I was. Always had to be moving, had

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<v Speaker 1>to be doing something. I just had a hard time

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<v Speaker 1>in school.

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<v Speaker 3>I know you did some time in juvenile detention. What

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<v Speaker 3>were you getting in trouble for?

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<v Speaker 1>I agree, And I did some couple high speed chases.

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<v Speaker 3>High speed chases in a car, yeah, with food, the

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<v Speaker 3>police or like drag.

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<v Speaker 2>Racing, NOEP police did you do anything like violent?

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<v Speaker 1>No, I got no violence on my record or nothing.

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<v Speaker 1>I ain't even in prison. I have no violence at all.

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<v Speaker 2>After he dropped out of school, Stacey started working.

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<v Speaker 1>Graham Goodyear, where my dad worked. He was assistant manager there.

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<v Speaker 2>And how did you see your life going?

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<v Speaker 4>Like?

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<v Speaker 2>What did you want to do?

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<v Speaker 1>I was hoping it was going to go up. So

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<v Speaker 1>I met this girl. Their name is Monica.

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<v Speaker 2>At eighteen, Stacey met Monica through a friend and they

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<v Speaker 2>fell hard in the way kids in Mitchell do.

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<v Speaker 1>Oh me and Monica head. You used to go to

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<v Speaker 1>the park a lot on the weekends and stuff. Hang,

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<v Speaker 1>I'll go on the swings and stuff. Slide later and

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<v Speaker 1>they like with a blanket out, maybe eat some snacks

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<v Speaker 1>and stuff.

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<v Speaker 2>Stacey says Monica was a.

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<v Speaker 1>Catch fivey long black hair, good looking.

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<v Speaker 2>And what do you think she liked about you?

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<v Speaker 1>She said, I was good look in hot.

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<v Speaker 2>Do you think you're hot?

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<v Speaker 1>Yeah? Getting older now, kind of fading away a little bit, but.

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<v Speaker 2>Back then you were a looker.

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<v Speaker 6>Huh.

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<v Speaker 1>I had long hair. I have my hair comb to

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<v Speaker 1>the side, always to the back, but he laid it down.

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<v Speaker 1>My bangs were like blow my nose.

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<v Speaker 2>But Stacy says what Monica especially liked.

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<v Speaker 1>She knows I was a good father.

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<v Speaker 2>She knows that Monica had a newborn baby when Stacy

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<v Speaker 2>met her, So I took.

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<v Speaker 1>Fold responsible for her daughter, the razor, the bather that

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<v Speaker 1>take care of her feet and all that stuff.

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<v Speaker 2>Her name was Heaven, and Stacy loved her like his own.

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<v Speaker 2>And he says he adored his life with Monica. So

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<v Speaker 2>you were planning to kind of have a life with her.

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<v Speaker 1>Yep, that was the plan.

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<v Speaker 2>Did you like being a dad?

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<v Speaker 1>Yeah? I enjoyed it. I think it was the best

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<v Speaker 1>thing in the world. That straightened julyfe out like getting

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<v Speaker 1>in trouble. It's all in the past. You have responsibilities now.

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<v Speaker 2>Did you start to change your life around when you out?

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<v Speaker 1>It's kids full or poun skill. The kids are before anything.

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<v Speaker 1>They've always put your kids first, kids always priority.

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<v Speaker 2>And soon Stacy had a kid of his own. Sunny

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<v Speaker 2>was born in the spring of nineteen ninety, but Stacy

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<v Speaker 2>wouldn't get to raise him.

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<v Speaker 1>It was like two months old when I got arrested.

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<v Speaker 2>On May twelfth, nineteen ninety. Stacy was out with his

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<v Speaker 2>buddy Elmer Pickner and their friend Louis medicine horn. He

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<v Speaker 2>was Monica's uncle.

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<v Speaker 1>We're just kind of looking for some weeds, you know,

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<v Speaker 1>to get high and stuff because I always got high

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<v Speaker 1>and that was one of my things. But I know

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<v Speaker 1>I shouldn't have been doing that.

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<v Speaker 2>But they decided to go to Sue Falls, about an

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<v Speaker 2>hour away, where they knew they could get some. On

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<v Speaker 2>their way there, at around seven pm, they stopped at

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<v Speaker 2>a convenience store in Mitchell called Food and Fuel. They

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<v Speaker 2>got gas and beer, and Stacy knew the clerk, so

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<v Speaker 2>they shot the shit, that's him.

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<v Speaker 1>We'd be back before he closed, And they closed at

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<v Speaker 1>midnight and got in my car and then we had

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<v Speaker 1>to see Falls.

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<v Speaker 2>Once they got to Sue Falls, Stacey says he dropped

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<v Speaker 2>Uncle Louis at a bar to see if he can

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<v Speaker 2>find any weed.

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<v Speaker 1>Me and Alma looked a seven eleven, got something eat

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<v Speaker 1>in between.

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<v Speaker 2>Eventually they struck out and headed back to Mitchell. They

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<v Speaker 2>stopped at the Food and Fuel again, got another case

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<v Speaker 2>of beer, and filled up the car with gas.

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<v Speaker 1>I dropped Uncle Louis off and we went to my

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<v Speaker 1>mom and dad's house, my mom, my ex sister in law.

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<v Speaker 1>We're at the counter in the kitchen. That was about

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<v Speaker 1>twelve to twelve fifteenth, so my mom dad got a

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<v Speaker 1>clock in the kitchen and dining room. When you walk

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<v Speaker 1>in through the back door, you can see it. They're

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<v Speaker 1>sitting right there. We talked to him for a.

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<v Speaker 2>Little while and that was the night on a full

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<v Speaker 2>and a bummer. A few days later, Stacey and Elmer

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<v Speaker 2>went to the police station. Elmer had lost his wallet, so.

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<v Speaker 1>We're looking for We couldn't find it, so we went

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<v Speaker 1>to the police station to report it missing. That's when

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<v Speaker 1>it all started. Well, they took me in Elma upstairs

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<v Speaker 1>and split us up in different rooms and started asking

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<v Speaker 1>the questions like what we did Friday, Saturday, Sunday, Monday,

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<v Speaker 1>called that time we miss the peace station? Where we were?

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<v Speaker 1>What time he got up so, what time we went

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<v Speaker 1>to bed? Whose house were at? Stuff like that.

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<v Speaker 2>Stacy says he had no idea what was going on.

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<v Speaker 2>Eventually the detective left the room. He also left his

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<v Speaker 2>documents on the table, so.

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<v Speaker 1>I started like looking at it, and they said something

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<v Speaker 1>like about us drive by shooting or something. Then I said,

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<v Speaker 1>that's how I knew what it was, because I remember

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<v Speaker 1>people talking about because it was in the paper, and.

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<v Speaker 2>So the Knight Stacy had been in Sue Falls looking

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<v Speaker 2>for weed. There'd been a murder.

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<v Speaker 4>Ronald Hilgenberg was driving his car in the right lane.

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<v Speaker 4>His wife was in the passenger seat. A vehicle comes

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<v Speaker 4>up next to him and shoots him once.

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<v Speaker 1>In the head.

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<v Speaker 2>This is Anna McGinn's staff attorney at the Great North

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<v Speaker 2>Innocence Project.

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<v Speaker 4>The victim's wife testified that she didn't get a good

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<v Speaker 4>look at the shooter's car when it passed, but she

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<v Speaker 4>had a slight feeling that something light was going by,

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<v Speaker 4>so you know, maybe a light colored car. His wife

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<v Speaker 4>recounted that the crime must have occurred around eleven forty

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<v Speaker 4>two or eleven forty three pm because she remembers looking

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<v Speaker 4>at the clock at eleven forty and she estimated that

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<v Speaker 4>about two to three minutes had elapsed when the shooting occurred.

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<v Speaker 2>And that's to be clear.

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<v Speaker 3>A person was driving down the street. This was all

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<v Speaker 3>while driving and shot at another car that was also

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<v Speaker 3>in motion.

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<v Speaker 4>That's correct. So they were driving west on I ninety,

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<v Speaker 4>about twenty miles west of Sioux Falls, South Dakota.

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<v Speaker 2>That same night, there was also a house burglary and

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<v Speaker 2>a house vandalism.

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<v Speaker 4>The bar residence in Hartford, South Dakota was burglarized. A

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<v Speaker 4>Winchester twenty gage shotgun and twenty gage shells were taken.

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<v Speaker 4>The Curtain Home, a neighboring home of the bar residence,

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<v Speaker 4>was vandalized. Someone shot through one of the windows in

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<v Speaker 4>the home.

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<v Speaker 2>Ballistics would end up determining that the same gun was

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<v Speaker 2>used at both homes. Police also removed pellets from the

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<v Speaker 2>victim's body in the drive by killing, and police said

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<v Speaker 2>they were similar to the ones found in the other

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<v Speaker 2>two crime scenes.

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<v Speaker 4>And then this other woman who's just driving by her

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<v Speaker 4>car gets shot at. No one's injured, but someone shoots

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<v Speaker 4>through a window in her car.

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<v Speaker 2>The woman driving that car was Tanya Issuel, and she

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<v Speaker 2>winds up telling police that she got a good look

0:11:59.440 --> 0:11:59.880
<v Speaker 2>at the car.

0:12:01.040 --> 0:12:04.560
<v Speaker 4>She described the shooter's car as an older model four

0:12:04.600 --> 0:12:07.960
<v Speaker 4>door car, light green with a white vinyl.

0:12:07.720 --> 0:12:11.640
<v Speaker 2>Top, although passengers in the car with Tanya described the

0:12:11.679 --> 0:12:12.559
<v Speaker 2>car differently.

0:12:13.080 --> 0:12:17.119
<v Speaker 4>Police were asking for information about these crimes and provided

0:12:17.160 --> 0:12:22.240
<v Speaker 4>a description of the car, and they then received an

0:12:22.280 --> 0:12:25.840
<v Speaker 4>anonymous tip from someone concerned that Stacy's car matched the

0:12:25.880 --> 0:12:31.599
<v Speaker 4>one identified by the passerbys. So that's how He's ultimately

0:12:31.960 --> 0:12:33.120
<v Speaker 4>put on the radar.

0:12:32.840 --> 0:12:36.120
<v Speaker 2>Of the police, and that's when Stacy walked into the

0:12:36.120 --> 0:12:41.800
<v Speaker 2>police station looking for Elmer's wallet. Stacy was held for questioning,

0:12:42.000 --> 0:12:45.240
<v Speaker 2>but was ultimately released, though it wasn't long before the

0:12:45.280 --> 0:12:48.600
<v Speaker 2>police brought him back. And this time they meant business.

0:12:49.760 --> 0:12:52.480
<v Speaker 1>They're saying, we're lying. We ain't tell them the truth.

0:12:53.240 --> 0:12:57.320
<v Speaker 1>You guys did it? You just bought brand new cars.

0:12:57.360 --> 0:12:59.840
<v Speaker 1>On your car the car trucks up the scene were fresh,

0:13:00.280 --> 0:13:02.840
<v Speaker 1>like brand new tires. Oh you got a beb hole

0:13:02.840 --> 0:13:07.400
<v Speaker 1>in your tail, like your carpety description. We got eyewinness

0:13:07.440 --> 0:13:10.880
<v Speaker 1>that saw you do it and all this stuff. I

0:13:10.920 --> 0:13:11.840
<v Speaker 1>was like, what in no way?

0:13:12.400 --> 0:13:16.760
<v Speaker 2>Tanya also identified Stacy in a lineup. Police were convinced

0:13:16.960 --> 0:13:18.079
<v Speaker 2>they had their men.

0:13:23.679 --> 0:13:27.880
<v Speaker 4>So Stacy was held in the police station for ten hours,

0:13:28.280 --> 0:13:31.200
<v Speaker 4>during which time he asked for an attorney several times,

0:13:31.520 --> 0:13:34.760
<v Speaker 4>and he never got one. He was never mirandized or

0:13:34.760 --> 0:13:36.359
<v Speaker 4>given his Miranda warnings.

0:13:36.640 --> 0:13:40.360
<v Speaker 1>They questioned us, question us and questions and the man

0:13:40.679 --> 0:13:44.319
<v Speaker 1>light detector. We went to the PlayStation about three thirty

0:13:44.360 --> 0:13:47.640
<v Speaker 1>in that afternoon, I think it was like ten ten

0:13:47.720 --> 0:13:49.640
<v Speaker 1>thirty when they gave us to light detector and they said,

0:13:49.679 --> 0:13:55.480
<v Speaker 1>we're a deception or whatever. Imagine after so many ills

0:13:55.480 --> 0:13:58.440
<v Speaker 1>being questioned, I was frustrated, I was scared. I was confused.

0:13:58.960 --> 0:14:01.680
<v Speaker 4>They brought in his friend and infant son in the

0:14:01.679 --> 0:14:04.160
<v Speaker 4>middle of the night and told him that he should

0:14:04.200 --> 0:14:07.079
<v Speaker 4>kiss his baby goodbye since he'd never see him again.

0:14:08.080 --> 0:14:10.640
<v Speaker 4>They told him that his dad was in the lobby

0:14:10.720 --> 0:14:13.520
<v Speaker 4>and looked very sick. He was sweaty and pale, like

0:14:13.600 --> 0:14:16.600
<v Speaker 4>he might have a heart attack, which was alive. So

0:14:16.800 --> 0:14:19.160
<v Speaker 4>they're basically saying, look, your dad's here, he's going to

0:14:19.240 --> 0:14:22.480
<v Speaker 4>have another heart attack, and you can go if you

0:14:22.600 --> 0:14:23.680
<v Speaker 4>just make a confession.

0:14:24.120 --> 0:14:27.440
<v Speaker 1>He had his hand on the accounter, real hard stuff,

0:14:27.960 --> 0:14:31.080
<v Speaker 1>and I'll just admit to what you did to talk

0:14:31.120 --> 0:14:33.000
<v Speaker 1>about like the death penalty and stuff.

0:14:34.360 --> 0:14:35.320
<v Speaker 2>So what did you think.

0:14:35.400 --> 0:14:37.400
<v Speaker 3>Did you think, like, Okay, if I just say what

0:14:37.440 --> 0:14:39.080
<v Speaker 3>they're saying, I can go home.

0:14:39.640 --> 0:14:43.960
<v Speaker 1>Yep, that's pretty much it tell us what happened. What

0:14:44.000 --> 0:14:46.840
<v Speaker 1>did you guys did and be dealt with? That was

0:14:46.880 --> 0:14:47.600
<v Speaker 1>minors fanning.

0:14:48.560 --> 0:14:51.400
<v Speaker 3>Did you have an understanding that when you confess to

0:14:51.440 --> 0:14:53.760
<v Speaker 3>a crime that they would arrest you then or were

0:14:53.800 --> 0:14:55.360
<v Speaker 3>they telling you like you'll go.

0:14:55.440 --> 0:14:59.840
<v Speaker 1>Home they would and say exactly, I was going to

0:14:59.880 --> 0:15:03.360
<v Speaker 1>get the rested or go home, but tell us what happened.

0:15:03.360 --> 0:15:06.840
<v Speaker 1>The interview was done. You know, no more question for through.

0:15:07.240 --> 0:15:11.400
<v Speaker 4>I was my understanding, And so after ten hours of torment,

0:15:11.960 --> 0:15:14.720
<v Speaker 4>Stacy wrote out a confession that he was involved in

0:15:14.800 --> 0:15:15.400
<v Speaker 4>this crime.

0:15:16.200 --> 0:15:18.840
<v Speaker 2>Stacy says the detectives told him what to say, and

0:15:18.880 --> 0:15:22.440
<v Speaker 2>when he was done, he never went home. Stacy was

0:15:22.480 --> 0:15:25.880
<v Speaker 2>indicted for the murder of seventy six year old Ronald Hildenberg.

0:15:26.880 --> 0:15:28.960
<v Speaker 2>What were you thinking when you went to trial.

0:15:30.200 --> 0:15:32.760
<v Speaker 1>I'll go at home. I didn't do it.

0:15:33.400 --> 0:15:36.960
<v Speaker 5>They don't have nothing, So you believed you believed the

0:15:37.040 --> 0:15:38.320
<v Speaker 5>system would get it right.

0:15:38.400 --> 0:15:43.080
<v Speaker 2>They would figure out, oh he didn't do this. Elmer Pickner,

0:15:43.280 --> 0:15:47.200
<v Speaker 2>Louis Medicine, Horn, and Stacy were all charged and Stacy

0:15:47.480 --> 0:15:48.920
<v Speaker 2>was the first to go to trial.

0:15:49.240 --> 0:15:51.080
<v Speaker 1>He offered me a deal to test flag against him.

0:15:51.200 --> 0:15:52.600
<v Speaker 1>I said no, I ain't taking a no deal.

0:15:54.320 --> 0:15:57.800
<v Speaker 2>Stacey insisted on his innocence, so he went to trial

0:15:57.840 --> 0:16:02.640
<v Speaker 2>November third, nineteen ninety. He was twenty years old. McCook

0:16:02.680 --> 0:16:05.800
<v Speaker 2>County State's Attorney Roger Gurlac, tried the case.

0:16:06.680 --> 0:16:09.480
<v Speaker 4>So the state's theory of the case was that these

0:16:09.520 --> 0:16:12.800
<v Speaker 4>three men were so frustrated at their failure to secure

0:16:13.080 --> 0:16:16.680
<v Speaker 4>marijuana that they went on a crime spree that ultimately

0:16:16.680 --> 0:16:22.280
<v Speaker 4>culminated in the Hilgenberg murder. The state's ballistic expert opined

0:16:22.840 --> 0:16:25.640
<v Speaker 4>that the pellets and the wads retrieved from the scene

0:16:25.680 --> 0:16:28.840
<v Speaker 4>were likely fired from the same gun that was fired

0:16:28.880 --> 0:16:33.120
<v Speaker 4>at the bar residence, the Curtain residence, and also matched

0:16:33.120 --> 0:16:36.840
<v Speaker 4>evidence found at the Hilgenberg murder and the pellets taken

0:16:36.880 --> 0:16:38.160
<v Speaker 4>from the victim's.

0:16:37.680 --> 0:16:41.840
<v Speaker 2>Body, But the state didn't have much else to work with.

0:16:42.400 --> 0:16:47.320
<v Speaker 2>None of the unidentified fingerprints, footprints, or tire prints matched

0:16:47.400 --> 0:16:51.000
<v Speaker 2>Stacy or his friends, and his confession never made it

0:16:51.040 --> 0:16:51.480
<v Speaker 2>to trial.

0:16:53.120 --> 0:16:56.080
<v Speaker 4>His confession was actually thrown out and found to be

0:16:56.440 --> 0:17:00.880
<v Speaker 4>inadmissible because of all of these horribly coercive tactics by

0:17:00.920 --> 0:17:07.120
<v Speaker 4>the police. The judge would not allow it in. But apparently,

0:17:07.240 --> 0:17:12.879
<v Speaker 4>while he was alone in the police officer's car, Stacy,

0:17:13.040 --> 0:17:17.080
<v Speaker 4>according to this officer, again alleged to have made some

0:17:17.160 --> 0:17:19.920
<v Speaker 4>sort of incriminating admission to him when the two were

0:17:19.920 --> 0:17:24.040
<v Speaker 4>alone in the vehicle, and that ultimately was admitted at trial.

0:17:25.000 --> 0:17:27.439
<v Speaker 2>The officer was allowed to testify as to what he

0:17:27.480 --> 0:17:29.720
<v Speaker 2>alleged he heard Stacy say in the car.

0:17:30.720 --> 0:17:35.040
<v Speaker 4>These admissions, in addition to the word of two jailhouse snitches,

0:17:35.760 --> 0:17:38.359
<v Speaker 4>made up some of the only evidence against Stacy at

0:17:38.400 --> 0:17:39.359
<v Speaker 4>the time of the crime.

0:17:40.480 --> 0:17:44.200
<v Speaker 2>In fact, the defense was turning up evidence to the contrary.

0:17:44.800 --> 0:17:51.760
<v Speaker 4>So this case is in some ways complicated the timing

0:17:51.800 --> 0:17:54.719
<v Speaker 4>of the events, but in other ways it's very simple

0:17:55.280 --> 0:17:58.840
<v Speaker 4>because Stacy had an ironclad alibi.

0:18:00.240 --> 0:18:03.480
<v Speaker 2>Stacy, uncle Louis, and Elmer had gone to Sue Falls

0:18:03.520 --> 0:18:06.000
<v Speaker 2>to get weed at the Frontier Barn.

0:18:06.000 --> 0:18:10.840
<v Speaker 4>Acquaintance testified to seeing the group leave around eleven ten pm.

0:18:11.560 --> 0:18:14.760
<v Speaker 4>Then all three men left Sue Falls and returned westbound

0:18:14.800 --> 0:18:19.879
<v Speaker 4>to Mitchell. At eleven forty seven pm, Stacy and his

0:18:20.000 --> 0:18:22.760
<v Speaker 4>two friends purchased gas and beer at a Food and

0:18:22.800 --> 0:18:26.360
<v Speaker 4>Fuel in Mitchell, South Dakota, and this was corroborated by

0:18:26.359 --> 0:18:28.600
<v Speaker 4>the stores tape and employee testimony.

0:18:29.119 --> 0:18:32.760
<v Speaker 2>Sales tape not videotape, a receipt from the Food and

0:18:32.800 --> 0:18:35.600
<v Speaker 2>Fuel marked twelve o two am.

0:18:36.080 --> 0:18:39.479
<v Speaker 4>The problem with this is that the distance between the

0:18:39.520 --> 0:18:42.920
<v Speaker 4>site of the Hilgenberg murder and the Food and Fuel

0:18:43.560 --> 0:18:48.600
<v Speaker 4>is forty three point two miles, and the Hilgenberg murder

0:18:48.680 --> 0:18:53.960
<v Speaker 4>occurred around eleven forty two pm, Stacy would have had

0:18:54.000 --> 0:18:58.680
<v Speaker 4>to cover that forty three miles in about twenty minutes,

0:18:59.520 --> 0:19:01.679
<v Speaker 4>and that would be an average of one hundred and

0:19:01.760 --> 0:19:03.160
<v Speaker 4>thirty five miles per hour.

0:19:03.640 --> 0:19:06.280
<v Speaker 2>But Stacy's defense found out that the clock on the

0:19:06.359 --> 0:19:10.199
<v Speaker 2>timestamped for seat was ten minutes fast.

0:19:09.720 --> 0:19:13.320
<v Speaker 4>And given the reality that the clock was ten minutes

0:19:13.359 --> 0:19:17.200
<v Speaker 4>fast he purchased the store items, actually at eleven fifty two,

0:19:17.760 --> 0:19:21.679
<v Speaker 4>he probably would have had to drive about two hundred

0:19:21.680 --> 0:19:25.000
<v Speaker 4>and sixty to even three hundred and seventy miles per hour,

0:19:25.640 --> 0:19:27.560
<v Speaker 4>which was obviously impossible.

0:19:28.560 --> 0:19:32.200
<v Speaker 3>How did the state get around this at trial?

0:19:32.600 --> 0:19:35.920
<v Speaker 4>So the state was allowed to introduce prior bad acts

0:19:36.880 --> 0:19:39.240
<v Speaker 4>that Stacy had a history of speeding.

0:19:40.040 --> 0:19:42.520
<v Speaker 2>Remember Stacy liked racing cops.

0:19:43.080 --> 0:19:48.320
<v Speaker 4>So they said, you can sort of extrapolate from the

0:19:48.400 --> 0:19:51.480
<v Speaker 4>times and say, okay, well, let's say the shooting actually

0:19:51.480 --> 0:19:54.680
<v Speaker 4>ocurred at eleven forty pm. You know, no one knows

0:19:54.760 --> 0:19:57.919
<v Speaker 4>exactly the time that the shooting occurred, and so you know,

0:19:58.320 --> 0:20:01.120
<v Speaker 4>giving it a little bit of leeway there, and let's

0:20:01.119 --> 0:20:05.240
<v Speaker 4>say he actually got there at twelve oh two am.

0:20:05.280 --> 0:20:08.879
<v Speaker 4>The clock wasn't actually fast, then one hundred and thirty

0:20:08.960 --> 0:20:12.640
<v Speaker 4>miles per hour. Well, Stacey has all this history of speeding,

0:20:12.760 --> 0:20:16.000
<v Speaker 4>so you know, maybe it makes sense that he did

0:20:16.040 --> 0:20:20.280
<v Speaker 4>speed that fast, which again, you know, an average of

0:20:20.280 --> 0:20:23.879
<v Speaker 4>one hundred and thirty five miles per hour. I guess

0:20:23.920 --> 0:20:28.760
<v Speaker 4>that's technically possible, but strikes me as exceedingly unlikely, unlike

0:20:29.119 --> 0:20:32.000
<v Speaker 4>what we believe the real timeline was, which is going

0:20:32.040 --> 0:20:35.680
<v Speaker 4>about three hundred miles per hour. I mean, that's physically impossible.

0:20:36.200 --> 0:20:39.119
<v Speaker 4>You know, this is an ironclad alibi. The problem is

0:20:39.520 --> 0:20:41.479
<v Speaker 4>all of this was known at the time of trial,

0:20:42.840 --> 0:20:44.160
<v Speaker 4>and he was still convicted.

0:20:47.160 --> 0:20:51.280
<v Speaker 2>After about eight hours deliberating, the jury found Stacy Larsen

0:20:51.480 --> 0:20:54.919
<v Speaker 2>guilty of second degree murder just after midnight on November

0:20:55.000 --> 0:20:58.840
<v Speaker 2>twenty first, nineteen ninety He was sentenced to life in

0:20:58.880 --> 0:21:03.919
<v Speaker 2>prison without the possibility of parole. Roger Gerlac told the

0:21:03.920 --> 0:21:07.000
<v Speaker 2>press he would use the same approach and witnesses for

0:21:07.080 --> 0:21:10.280
<v Speaker 2>the other two trials, but he ended up dropping the

0:21:10.359 --> 0:21:14.040
<v Speaker 2>charges against Uncle Louis, and Elmer was acquitted at trial

0:21:14.160 --> 0:21:16.119
<v Speaker 2>a few months later in nineteen ninety one.

0:21:16.600 --> 0:21:19.520
<v Speaker 4>Stacy's the only one that's sitting in prison for this crime.

0:21:20.240 --> 0:21:23.720
<v Speaker 4>The alibi was enough for a one jury and not

0:21:23.920 --> 0:21:25.720
<v Speaker 4>enough for his unfortunately.

0:21:32.800 --> 0:21:36.240
<v Speaker 2>Stacy says after he was convicted, he was devastated.

0:21:37.000 --> 0:21:43.520
<v Speaker 1>Devastated. I didn't know what to do. I didn't know

0:21:43.520 --> 0:21:44.320
<v Speaker 1>what to do because.

0:21:44.160 --> 0:21:46.840
<v Speaker 2>I was just a young kid, twenty years old, his

0:21:46.880 --> 0:21:49.880
<v Speaker 2>whole life ahead of him, and now it was gone.

0:21:50.520 --> 0:21:53.760
<v Speaker 3>So, Monica, when you went to prison, how did that

0:21:53.800 --> 0:21:56.199
<v Speaker 3>relationship end? Did you guys stay together?

0:21:57.680 --> 0:21:59.680
<v Speaker 1>We did for a while. I just kind of told it,

0:21:59.760 --> 0:22:01.840
<v Speaker 1>you gotta go live your life. I gotta do what

0:22:01.880 --> 0:22:04.480
<v Speaker 1>I gotta do to get out of here. I didn't

0:22:04.520 --> 0:22:06.119
<v Speaker 1>want to want to tire dollar or nothing.

0:22:06.920 --> 0:22:09.480
<v Speaker 2>It was a very lonely start to prison for Stacy.

0:22:09.920 --> 0:22:14.040
<v Speaker 2>No Monica and Stacy says his family wasn't fully behind him.

0:22:14.560 --> 0:22:16.280
<v Speaker 1>They pretty much convinced my dad I did it.

0:22:16.880 --> 0:22:19.600
<v Speaker 2>Wow, So did your dad think you did it?

0:22:20.119 --> 0:22:23.720
<v Speaker 1>Yeah? He down in his heart, I don't think he did,

0:22:23.840 --> 0:22:26.680
<v Speaker 1>but because he knows the clice and stuff, so there's

0:22:26.800 --> 0:22:29.359
<v Speaker 1>like a I don't want to say, a friendship. But

0:22:30.760 --> 0:22:33.480
<v Speaker 1>he didn't think they would lie to him. But if

0:22:33.480 --> 0:22:36.440
<v Speaker 1>they got evidence that match, mean he's probably gonna believe it.

0:22:37.200 --> 0:22:39.159
<v Speaker 2>Stacey figured if he was going to get through this,

0:22:39.720 --> 0:22:41.639
<v Speaker 2>he had to be there for himself.

0:22:41.840 --> 0:22:46.080
<v Speaker 1>I had a figure outing. Now I'm not gonna let

0:22:46.160 --> 0:22:47.720
<v Speaker 1>him get away with this, So.

0:22:47.640 --> 0:22:50.119
<v Speaker 2>He started working on proving his innocence.

0:22:50.320 --> 0:22:52.840
<v Speaker 1>I started talking to people and kind of going to

0:22:52.920 --> 0:22:56.639
<v Speaker 1>law library reading those stuff, and watch started and I

0:22:56.640 --> 0:23:02.399
<v Speaker 1>started watching programs about like physical evidence and trials and stuff.

0:23:02.400 --> 0:23:03.879
<v Speaker 1>Try to learn the process.

0:23:04.359 --> 0:23:05.960
<v Speaker 2>He wrote letter after a letter.

0:23:06.440 --> 0:23:10.120
<v Speaker 1>I wrote, like other news stations like Washington.

0:23:09.720 --> 0:23:11.959
<v Speaker 2>Times, to all kinds of people.

0:23:12.240 --> 0:23:17.320
<v Speaker 1>President Baker Obama wrote, Barry Sanders at Golvin Hellolan, Midwest

0:23:17.359 --> 0:23:22.399
<v Speaker 1>Innocent Projects, winch Componis. I went and knew the White House.

0:23:23.760 --> 0:23:27.639
<v Speaker 1>All kinds of people, whoever I can write, try to

0:23:27.640 --> 0:23:27.960
<v Speaker 1>help me.

0:23:30.000 --> 0:23:32.720
<v Speaker 2>Finally, in two thousand and four, the Great North Innocence

0:23:32.760 --> 0:23:34.800
<v Speaker 2>Project accepted Stacy's case.

0:23:35.240 --> 0:23:40.199
<v Speaker 4>This alibi, I think, screams of Stacy's innocence. Now. It

0:23:40.320 --> 0:23:46.080
<v Speaker 4>was so convincing that Stacy's Code offendants were either acquitted

0:23:46.080 --> 0:23:49.960
<v Speaker 4>at their own trials and then the state subsequently dismissed

0:23:50.000 --> 0:23:52.240
<v Speaker 4>all charges against his other Code offended.

0:23:53.200 --> 0:23:55.919
<v Speaker 2>But Anna says the problem with the alibi for post

0:23:55.960 --> 0:23:59.800
<v Speaker 2>conviction work is that it was already presented at trial.

0:24:00.280 --> 0:24:02.960
<v Speaker 2>In order to get Stacy back in court, he needs

0:24:03.119 --> 0:24:07.200
<v Speaker 2>new evidence that has not been litigated. So shortly after

0:24:07.240 --> 0:24:09.639
<v Speaker 2>they got the case. In two thousand and five, with

0:24:09.840 --> 0:24:14.359
<v Speaker 2>advances in technology, the Innocence Project requested DNA testing on

0:24:14.400 --> 0:24:17.920
<v Speaker 2>the evidence, but they found out it was gone.

0:24:18.440 --> 0:24:22.879
<v Speaker 4>All of the evidence that was in the possession of

0:24:21.920 --> 0:24:26.920
<v Speaker 4>the state's attorney's office, some of it, at certain points

0:24:26.960 --> 0:24:31.359
<v Speaker 4>we thought was destroyed, but recently we've determined that that

0:24:31.440 --> 0:24:35.639
<v Speaker 4>it was not actually destroyed, and so we are going

0:24:35.720 --> 0:24:40.320
<v Speaker 4>through testing relevant pieces of evidence as we come by them,

0:24:41.400 --> 0:24:45.720
<v Speaker 4>but so far that has not yielded any positive leads.

0:24:46.000 --> 0:24:48.520
<v Speaker 4>You know, we've been trying to find fingerprints, we've been

0:24:48.560 --> 0:24:52.560
<v Speaker 4>trying to get touch DNA, all sorts of evidence from

0:24:52.560 --> 0:24:56.520
<v Speaker 4>all of these crimes, and this evidence has not given

0:24:56.640 --> 0:25:02.480
<v Speaker 4>us any indication that Stacy is guilty. But it also

0:25:02.680 --> 0:25:06.160
<v Speaker 4>hasn't provided us with any new information that we don't

0:25:06.520 --> 0:25:10.439
<v Speaker 4>already know, and so where to go next is not

0:25:10.880 --> 0:25:12.200
<v Speaker 4>at all obvious.

0:25:13.200 --> 0:25:13.520
<v Speaker 6>Now.

0:25:14.200 --> 0:25:16.040
<v Speaker 4>I think the fact that we've been working on his

0:25:16.160 --> 0:25:19.520
<v Speaker 4>case for twenty years should speak to the fact that

0:25:19.560 --> 0:25:23.800
<v Speaker 4>we have not found anything that suggests that Stacy committed

0:25:23.800 --> 0:25:24.359
<v Speaker 4>this crime.

0:25:28.520 --> 0:25:31.240
<v Speaker 2>Anna says, if they do find new evidence of innocence,

0:25:31.400 --> 0:25:33.959
<v Speaker 2>Stacy can submit emotion for a new trial.

0:25:34.960 --> 0:25:44.439
<v Speaker 4>It's horrible because we know that Stacy is innocent. I

0:25:44.520 --> 0:25:47.760
<v Speaker 4>believe it's physically impossible for him to have committed this crime,

0:25:48.200 --> 0:25:53.879
<v Speaker 4>and yet lawyers keep hitting these dead ends. It's extremely demoralizing.

0:25:55.960 --> 0:25:59.600
<v Speaker 2>Although the innocence project hit a wall, Stacy's life is

0:25:59.800 --> 0:26:02.320
<v Speaker 2>on up in other unexpected ways.

0:26:04.640 --> 0:26:06.320
<v Speaker 3>I was going to ask about your cousin, Karen, so

0:26:06.359 --> 0:26:07.840
<v Speaker 3>tell me about her.

0:26:08.960 --> 0:26:10.280
<v Speaker 2>Were you guys close growing up?

0:26:11.119 --> 0:26:16.560
<v Speaker 1>Well, this is a crazy thing. We just met like

0:26:16.600 --> 0:26:19.119
<v Speaker 1>eight years ago. Nobody knew she existed.

0:26:19.400 --> 0:26:26.080
<v Speaker 7>Stacy's mother actually knew about me, and she was eleven

0:26:26.080 --> 0:26:28.320
<v Speaker 7>months younger than my dad, so they were very close.

0:26:28.840 --> 0:26:30.320
<v Speaker 2>This is Karen Wheeldrier.

0:26:30.600 --> 0:26:32.760
<v Speaker 7>I am Stacy's cousin, and.

0:26:32.720 --> 0:26:36.159
<v Speaker 2>What Stacy means by no one knew about her is

0:26:36.200 --> 0:26:39.520
<v Speaker 2>that Karen didn't know who her biological dad was.

0:26:40.119 --> 0:26:42.560
<v Speaker 7>I found out at the age of fifty six that

0:26:43.080 --> 0:26:46.800
<v Speaker 7>the dad that raised me was not my biological father.

0:26:47.800 --> 0:26:51.320
<v Speaker 7>I always felt something was different growing up, and I

0:26:51.359 --> 0:26:56.119
<v Speaker 7>finally asked my aunt who confirmed and she told me

0:26:56.640 --> 0:26:59.000
<v Speaker 7>my biological dad's name.

0:26:59.680 --> 0:27:01.320
<v Speaker 2>So Karen set out to find him.

0:27:01.960 --> 0:27:08.240
<v Speaker 7>That was in twenty sixteen, August of twenty sixteen, So

0:27:08.800 --> 0:27:11.159
<v Speaker 7>since then I've been on quite a journey learning as

0:27:11.240 --> 0:27:16.200
<v Speaker 7>much about my biological dad and his family, and it's

0:27:16.480 --> 0:27:19.080
<v Speaker 7>been very good, a very good turnout.

0:27:19.160 --> 0:27:21.760
<v Speaker 3>Did you expect your life was now going to be

0:27:21.880 --> 0:27:24.240
<v Speaker 3>advocating for someone in prison.

0:27:25.000 --> 0:27:28.040
<v Speaker 7>No, I certainly did not. That was probably the farthest

0:27:28.040 --> 0:27:29.080
<v Speaker 7>thing from my mind.

0:27:29.600 --> 0:27:32.360
<v Speaker 2>Karen learned that her dad had a sister, and that

0:27:32.440 --> 0:27:35.399
<v Speaker 2>sister had a son, her biological cousin.

0:27:36.000 --> 0:27:41.080
<v Speaker 7>I learned about Stacy in twenty seventeen, and I actually

0:27:41.160 --> 0:27:45.480
<v Speaker 7>got to meet him. In April of twenty seventeen.

0:27:45.920 --> 0:27:48.720
<v Speaker 2>Karen went to visit Stacy in prison along with her uncle,

0:27:49.080 --> 0:27:49.880
<v Speaker 2>Stacy's father.

0:27:50.560 --> 0:27:53.320
<v Speaker 3>What were you told anything before you met Stacy? I mean,

0:27:53.320 --> 0:27:55.320
<v Speaker 3>you're going to visit this man in prison that you

0:27:55.400 --> 0:27:55.880
<v Speaker 3>don't know.

0:27:57.200 --> 0:27:59.120
<v Speaker 2>What were you told about him?

0:28:00.400 --> 0:28:05.240
<v Speaker 7>I was told the circumstances of the case, as far

0:28:05.359 --> 0:28:08.520
<v Speaker 7>as what his charges were and why he was in prison.

0:28:09.280 --> 0:28:11.480
<v Speaker 2>Karen was taken by Stacy.

0:28:12.080 --> 0:28:18.280
<v Speaker 7>I love his laugh. He has a soft laugh that

0:28:18.680 --> 0:28:26.240
<v Speaker 7>is very warming. He's very kind, very kind man. I

0:28:26.320 --> 0:28:28.960
<v Speaker 7>cannot speak of the young man he was at the

0:28:29.000 --> 0:28:34.919
<v Speaker 7>time that all of this happened for him, But the

0:28:35.040 --> 0:28:40.400
<v Speaker 7>Stacy that I know this is not him at all.

0:28:40.480 --> 0:28:43.440
<v Speaker 2>Karen wondered, could this sweet man in front of her

0:28:43.640 --> 0:28:45.240
<v Speaker 2>have committed this crime?

0:28:46.800 --> 0:28:55.160
<v Speaker 7>It was just very hard to understand how this came about.

0:28:58.240 --> 0:29:01.320
<v Speaker 7>I have served on jury duty a couple of times,

0:29:01.360 --> 0:29:04.440
<v Speaker 7>not at the federal level, but at our county level.

0:29:05.160 --> 0:29:07.520
<v Speaker 7>I have done that, and if there's one thing that

0:29:07.600 --> 0:29:12.000
<v Speaker 7>I learned while doing that, it is that our judicial

0:29:12.080 --> 0:29:13.000
<v Speaker 7>system is broken.

0:29:13.560 --> 0:29:15.880
<v Speaker 2>So she got the court turn scripts from Stacy's trial

0:29:16.080 --> 0:29:17.320
<v Speaker 2>and started reading.

0:29:18.000 --> 0:29:21.760
<v Speaker 7>And by reading those in the beginning, it's like, well, yeah,

0:29:21.840 --> 0:29:25.080
<v Speaker 7>I mean he had to have done it if you

0:29:25.320 --> 0:29:30.040
<v Speaker 7>read this, and that's how the case was presented.

0:29:30.920 --> 0:29:33.280
<v Speaker 2>But then Stacy started calling.

0:29:33.000 --> 0:29:37.360
<v Speaker 7>Her, and he started sending me other information, and so

0:29:37.400 --> 0:29:41.040
<v Speaker 7>I started digging deeper and deeper. And I've made a

0:29:41.080 --> 0:29:43.280
<v Speaker 7>lot of phone calls, a lot of phone calls, a

0:29:43.280 --> 0:29:44.000
<v Speaker 7>lot of emails.

0:29:44.080 --> 0:29:47.240
<v Speaker 2>So what made you want to keep looking? I mean

0:29:47.840 --> 0:29:49.840
<v Speaker 2>you could have just been like, I don't know this person.

0:29:50.000 --> 0:29:52.160
<v Speaker 2>I don't need to get involved with someone in prison.

0:29:53.080 --> 0:29:58.800
<v Speaker 7>You know, that's a tough one. Just something inside that

0:29:58.960 --> 0:30:02.800
<v Speaker 7>was telling me he definitely is an innocent person.

0:30:03.560 --> 0:30:06.040
<v Speaker 2>And now Karen says she knows it.

0:30:06.320 --> 0:30:12.400
<v Speaker 7>This makes absolutely no sense. I mean it made absolutely

0:30:12.440 --> 0:30:15.400
<v Speaker 7>no sense. And the more I read into all these

0:30:15.440 --> 0:30:19.720
<v Speaker 7>reports and looked at the pictures and read the autopsy.

0:30:20.280 --> 0:30:23.400
<v Speaker 7>The more angry I became, and I consider it a

0:30:23.520 --> 0:30:29.880
<v Speaker 7>righteous anger because it was very evident that he was

0:30:29.920 --> 0:30:30.360
<v Speaker 7>set up.

0:30:31.120 --> 0:30:35.200
<v Speaker 3>That's so interesting. So this person who you're related to

0:30:35.360 --> 0:30:38.760
<v Speaker 3>but doesn't really know you at all now is one

0:30:38.800 --> 0:30:39.720
<v Speaker 3>of your advocates.

0:30:40.960 --> 0:30:43.400
<v Speaker 1>Yep, by my biggest advocate I have.

0:30:44.280 --> 0:30:45.360
<v Speaker 2>What do you think about that?

0:30:46.560 --> 0:30:48.920
<v Speaker 1>You got to have that support you need it. It's

0:30:48.920 --> 0:30:50.040
<v Speaker 1>hard to do it on your own.

0:30:51.160 --> 0:30:54.360
<v Speaker 2>Karen says, once the Innocence Project got involved in Stacy's case,

0:30:54.920 --> 0:30:56.800
<v Speaker 2>the rest of his family came around.

0:30:57.760 --> 0:31:02.960
<v Speaker 7>He has the support of his family. From those that

0:31:03.040 --> 0:31:06.840
<v Speaker 7>I have met, he does have that. It's just nobody

0:31:06.880 --> 0:31:09.640
<v Speaker 7>knows how to go about this, and that's been the

0:31:09.720 --> 0:31:13.640
<v Speaker 7>hard part. He you know, That's that's what people don't know.

0:31:14.320 --> 0:31:17.560
<v Speaker 7>When I met his mother, my aunt, for the first time,

0:31:18.680 --> 0:31:22.040
<v Speaker 7>she was so hopeful, and she said, Stacy says, the

0:31:22.120 --> 0:31:27.520
<v Speaker 7>Innocence Project is working so hard to get his case reversed.

0:31:27.600 --> 0:31:30.840
<v Speaker 7>She said, I just I can't give up because Stacy

0:31:30.960 --> 0:31:33.840
<v Speaker 7>is so hopeful. I have to keep my hope going.

0:31:34.640 --> 0:31:38.360
<v Speaker 2>But it's been over three decades and Stacy is still

0:31:38.360 --> 0:31:41.680
<v Speaker 2>in prison, missing out on the life he loved. Do

0:31:41.720 --> 0:31:44.160
<v Speaker 2>you feel like it was hard to be a dad

0:31:44.200 --> 0:31:44.640
<v Speaker 2>in prison.

0:31:46.120 --> 0:31:51.000
<v Speaker 1>Yeah, because you can't be either or them physically all

0:31:51.080 --> 0:31:56.280
<v Speaker 1>like nothingly once they fall and got hurt or something

0:31:56.320 --> 0:31:59.800
<v Speaker 1>happened at school, or you know, you can't watch him

0:32:00.120 --> 0:32:05.320
<v Speaker 1>forward or whatever swimming ride their first fight. It's hard

0:32:05.360 --> 0:32:09.640
<v Speaker 1>on a kid because I have visitations with them when

0:32:09.640 --> 0:32:11.920
<v Speaker 1>they're little, knowledge stuff, so they kind of grew up

0:32:12.840 --> 0:32:16.440
<v Speaker 1>and with me through the prisons system.

0:32:16.680 --> 0:32:18.600
<v Speaker 2>Today Stacey is a grandfather.

0:32:19.560 --> 0:32:21.960
<v Speaker 1>Make them up during like activities like a fun day

0:32:22.360 --> 0:32:24.680
<v Speaker 1>when you get to interact with your kids, your grandkids,

0:32:24.720 --> 0:32:28.480
<v Speaker 1>do things with them with scavengers, hunting, do some color

0:32:28.560 --> 0:32:29.520
<v Speaker 1>in stuff like that.

0:32:30.680 --> 0:32:33.200
<v Speaker 3>Are you still in touch with Monica or did that

0:32:33.400 --> 0:32:34.640
<v Speaker 3>end friendly?

0:32:35.960 --> 0:32:39.880
<v Speaker 1>We have contact here and there might be six months

0:32:39.920 --> 0:32:42.320
<v Speaker 1>down the roll might hear from her or somebody. There's

0:32:42.360 --> 0:32:45.480
<v Speaker 1>always been contacts. They all know what's going on. Every

0:32:45.920 --> 0:32:48.240
<v Speaker 1>legal letter I get from people, I sent them copies,

0:32:48.280 --> 0:32:50.320
<v Speaker 1>so they know what's going on, so they're not out

0:32:50.360 --> 0:32:50.720
<v Speaker 1>of the loop.

0:32:51.680 --> 0:32:53.640
<v Speaker 2>Do they all support your innocence?

0:32:55.040 --> 0:32:57.080
<v Speaker 1>YEP? I can't. What do I get out?

0:32:57.600 --> 0:32:59.240
<v Speaker 2>What do you guys talk about? What's that going to

0:32:59.280 --> 0:32:59.800
<v Speaker 2>look like.

0:33:00.960 --> 0:33:04.680
<v Speaker 1>I tell them, first step, you got to get out first,

0:33:04.840 --> 0:33:07.200
<v Speaker 1>and we're worried about that. You don't want to get

0:33:07.200 --> 0:33:13.600
<v Speaker 1>too far ahead. My priority is getting out first. I

0:33:13.600 --> 0:33:15.360
<v Speaker 1>don't even worry about what I'm gonna do out there

0:33:15.400 --> 0:33:18.480
<v Speaker 1>or anything. You don't want to get like too emotional.

0:33:18.600 --> 0:33:20.680
<v Speaker 1>You don't want to get your high hopes up and

0:33:20.720 --> 0:33:25.640
<v Speaker 1>stuff like that. Focus on one thing. I take one

0:33:25.680 --> 0:33:29.200
<v Speaker 1>day at a time. I'm not one of those guys

0:33:29.280 --> 0:33:31.560
<v Speaker 1>I could do thousand things. I just take one day

0:33:31.600 --> 0:33:32.040
<v Speaker 1>at a time.

0:33:32.720 --> 0:33:44.760
<v Speaker 6>My case is far already, and.

0:33:44.800 --> 0:33:47.800
<v Speaker 2>It says the next steps aren't immediately obvious.

0:33:48.160 --> 0:33:53.280
<v Speaker 4>We are just hoping that with this podcast, perhaps someone

0:33:53.360 --> 0:33:56.720
<v Speaker 4>listening will recall this crime and have information that can

0:33:56.760 --> 0:34:00.440
<v Speaker 4>help Stacy. Basically to provide us with this new evidence,

0:34:00.560 --> 0:34:03.480
<v Speaker 4>right because you know, we've done the DNA testing, We've

0:34:03.520 --> 0:34:08.840
<v Speaker 4>done the fingerprint analysis, and we are not going to

0:34:08.880 --> 0:34:11.640
<v Speaker 4>give up on Stacy because we believe in his innocence.

0:34:12.080 --> 0:34:14.040
<v Speaker 4>You know, this is an ironclad alibi.

0:34:14.560 --> 0:34:16.799
<v Speaker 2>Anna says there are a few avenues that are looking

0:34:16.800 --> 0:34:20.160
<v Speaker 2>for information on She says that Stacy's attorney at trial

0:34:20.680 --> 0:34:25.080
<v Speaker 2>should have been allowed to introduce a third party perpetrator defense.

0:34:26.239 --> 0:34:30.000
<v Speaker 4>Saying it wasn't me, it was someone else. Stacey wanted

0:34:30.040 --> 0:34:33.319
<v Speaker 4>to offer evidence that at least one and possibly two

0:34:33.400 --> 0:34:38.120
<v Speaker 4>other shootings occurred that same evening. So so there was

0:34:38.960 --> 0:34:44.720
<v Speaker 4>another shooting at a vehicle traveling eastbound on I ninety

0:34:44.880 --> 0:34:50.000
<v Speaker 4>towards Sue Falls at around ten fifteen PM. Marks were

0:34:50.040 --> 0:34:52.759
<v Speaker 4>found on this vehicle that could have been caused by

0:34:52.760 --> 0:34:56.520
<v Speaker 4>a shotgun. And then again at twelve thirty am, a

0:34:56.600 --> 0:35:00.799
<v Speaker 4>witness allegedly heard a shotgun blast from a van outside

0:35:00.920 --> 0:35:04.480
<v Speaker 4>of Hartford, South Dakota. That's where those two houses were

0:35:05.560 --> 0:35:10.719
<v Speaker 4>burglarized and vandalized. So no physical evidence was ever really

0:35:10.960 --> 0:35:14.319
<v Speaker 4>found at the scene of either of those crimes. But

0:35:14.840 --> 0:35:18.319
<v Speaker 4>it's significant these drive by shootings were not happening a

0:35:18.360 --> 0:35:22.279
<v Speaker 4>lot in suit Falls, South Dakota at the time, and

0:35:22.360 --> 0:35:26.200
<v Speaker 4>so the fact that there were potentially two other shootings

0:35:27.239 --> 0:35:31.040
<v Speaker 4>and one likely caused by a shotgun shot, that's significant

0:35:31.120 --> 0:35:34.120
<v Speaker 4>evidence that I believe should have been introduced at his trial,

0:35:34.200 --> 0:35:37.120
<v Speaker 4>and two justices on the South Dakota Supreme Court agree

0:35:37.160 --> 0:35:38.880
<v Speaker 4>that that should have been introduced.

0:35:39.239 --> 0:35:41.600
<v Speaker 3>And so have you guys tried to track down who

0:35:41.640 --> 0:35:42.560
<v Speaker 3>that might have been.

0:35:43.280 --> 0:35:47.600
<v Speaker 4>We have, and we have not been successful yet in

0:35:48.760 --> 0:35:52.080
<v Speaker 4>figuring out the identity of that person with certainty such

0:35:52.120 --> 0:35:54.440
<v Speaker 4>that were able to present it in court.

0:35:54.920 --> 0:35:57.120
<v Speaker 2>But Anna is not giving up.

0:35:57.520 --> 0:36:01.040
<v Speaker 4>His community, his family. They've all missed him, We've all

0:36:01.080 --> 0:36:05.440
<v Speaker 4>missed out on everything he could have contributed to society,

0:36:07.120 --> 0:36:09.920
<v Speaker 4>as we all know, wrongful convictions of fact. Not just

0:36:09.960 --> 0:36:12.760
<v Speaker 4>the individual that's been incarcerated, but their family as well.

0:36:13.040 --> 0:36:15.920
<v Speaker 4>You know, his son was an infant when he was arrested,

0:36:16.480 --> 0:36:19.760
<v Speaker 4>and so he grew up without a father. It's really

0:36:19.800 --> 0:36:24.440
<v Speaker 4>hard to for me, because it's hard for me as

0:36:24.480 --> 0:36:27.040
<v Speaker 4>his lawyer, because I want to give him the best

0:36:27.080 --> 0:36:32.319
<v Speaker 4>representation that he deserves. And his case has just been

0:36:32.360 --> 0:36:37.200
<v Speaker 4>sitting there for a while because there's nothing new that

0:36:37.239 --> 0:36:40.520
<v Speaker 4>we can think of, and so if anyone knows anything,

0:36:40.960 --> 0:36:45.400
<v Speaker 4>they should please contact us at the Great North Innocence Project.

0:36:46.400 --> 0:36:49.160
<v Speaker 2>Stacy's cousin Karen, agrees he.

0:36:49.120 --> 0:36:53.360
<v Speaker 7>Needs justice and I, as a resident on this state,

0:36:53.760 --> 0:36:58.280
<v Speaker 7>deserve to have the correct person who committed the murder

0:36:58.400 --> 0:37:02.560
<v Speaker 7>behind mars, and so does everybodybody else he is he.

0:37:03.440 --> 0:37:10.880
<v Speaker 7>I don't know how he has kept so positive. He

0:37:11.000 --> 0:37:14.719
<v Speaker 7>has come up against roadblock and roadblock and roadblock continuously,

0:37:14.840 --> 0:37:20.680
<v Speaker 7>and he still has such a positive attitude about it

0:37:20.920 --> 0:37:22.759
<v Speaker 7>and has never given up.

0:37:24.360 --> 0:37:27.200
<v Speaker 2>Although he has spent more of his life in prison

0:37:27.320 --> 0:37:31.399
<v Speaker 2>than out, Stacy says he feels more hopeful than ever.

0:37:32.120 --> 0:37:34.120
<v Speaker 3>I mean, I've been thinking about you all these years,

0:37:34.160 --> 0:37:37.480
<v Speaker 3>so I'm just really glad that you're in a place

0:37:37.520 --> 0:37:38.839
<v Speaker 3>of hope right now.

0:37:39.040 --> 0:37:44.359
<v Speaker 1>Yep. Oh yeah, really hope, big hope. It's like hope

0:37:44.400 --> 0:37:45.480
<v Speaker 1>and dreams.

0:37:45.960 --> 0:37:47.960
<v Speaker 2>Yeah. Do you feel like this might be it?

0:37:50.600 --> 0:37:52.240
<v Speaker 6>I'm hoping one step closer.

0:37:53.520 --> 0:37:57.640
<v Speaker 1>I'm hoping. Tell me to know something, some me can help.

0:37:58.400 --> 0:38:01.279
<v Speaker 1>You can contact Innoscant College as they can contact you,

0:38:01.440 --> 0:38:03.839
<v Speaker 1>they can contact me. I hope a lot of people

0:38:03.920 --> 0:38:07.360
<v Speaker 1>get involved or asking questions, why is this guy's been prisony?

0:38:07.360 --> 0:38:12.480
<v Speaker 1>You should be there. I just want the whole world No,

0:38:12.600 --> 0:38:14.640
<v Speaker 1>I did not do this crime. I'm interesting.

0:38:21.800 --> 0:38:24.320
<v Speaker 2>Thank you for listening to Wrongful Conviction with Maggie Freeling.

0:38:24.680 --> 0:38:27.799
<v Speaker 2>Please support your local innocence organizations and go to the

0:38:27.840 --> 0:38:30.040
<v Speaker 2>links on our website to see how you can help

0:38:30.080 --> 0:38:32.440
<v Speaker 2>Stacy out. If you live in South Dakota, you can

0:38:32.480 --> 0:38:36.040
<v Speaker 2>reach out to your elected officials. This episode was written

0:38:36.040 --> 0:38:39.160
<v Speaker 2>by me Maggie Freeling, with story editing and sound designed

0:38:39.160 --> 0:38:42.720
<v Speaker 2>by Senior producer Rebecca Ibarra. Our producer is Kathleen Fink.

0:38:42.880 --> 0:38:46.240
<v Speaker 2>Our mixer is Josh Allen, with research by Alison Levy.

0:38:46.440 --> 0:38:50.000
<v Speaker 2>An additional production help by Jeff Cleiburn. Executive producers are

0:38:50.080 --> 0:38:53.360
<v Speaker 2>Jason Flamm, Jeff Kempler, and Kevin Wortis. The music is

0:38:53.400 --> 0:38:57.239
<v Speaker 2>by three time OSCAR nominated composer Jay Ralph. Make sure

0:38:57.280 --> 0:38:59.879
<v Speaker 2>to follow us on all social media platforms at Lava

0:38:59.920 --> 0:39:02.960
<v Speaker 2>for Good and at Wrongful Conviction. You can also follow

0:39:03.000 --> 0:39:06.279
<v Speaker 2>me on all platforms at Maggie Freeling. Wrongful Conviction with

0:39:06.320 --> 0:39:09.000
<v Speaker 2>Maggie Freeling is a production of Lava for Good Podcasts

0:39:09.000 --> 0:39:13.040
<v Speaker 2>in association with Signal Company Number One. We've worked hard

0:39:13.080 --> 0:39:15.960
<v Speaker 2>to ensure that all facts reported in this show are accurate.

0:39:16.320 --> 0:39:19.040
<v Speaker 2>The views and opinions expressed by the individuals featured in

0:39:19.080 --> 0:39:21.800
<v Speaker 2>this show are their own and do not necessarily reflect

0:39:21.880 --> 0:39:24.840
<v Speaker 2>those of Lava for Good.