1 00:00:00,120 --> 00:00:03,720 Speaker 1: This episode of Wrongful Conviction includes discussion of sexual assault 2 00:00:03,840 --> 00:00:11,920 Speaker 1: and suicide. Please listen with caution and care. On November eighteenth, 3 00:00:12,039 --> 00:00:14,920 Speaker 1: two thousand and one, a Georgia woman found a burglar 4 00:00:14,960 --> 00:00:18,959 Speaker 1: in her home who blindfolded and tied her down. He 5 00:00:19,200 --> 00:00:23,599 Speaker 1: bizarrely claimed to be an Islamic militant before completing the 6 00:00:23,640 --> 00:00:28,560 Speaker 1: burglary and a sexual assault. The victim described her attacker 7 00:00:28,640 --> 00:00:31,440 Speaker 1: as black, and she eventually chose a man named Sterling 8 00:00:31,520 --> 00:00:36,200 Speaker 1: Flint from a photo lineup. Separately, a man named Sonny 9 00:00:36,200 --> 00:00:40,159 Speaker 1: Baradia reported Sterling Flint for stealing a Chevy Tahoe and 10 00:00:40,200 --> 00:00:44,720 Speaker 1: a motorcycle, and while investigating that, the police found the 11 00:00:44,760 --> 00:00:49,440 Speaker 1: sexual assault victim's property in Sterling's house. But Sterling's girlfriend 12 00:00:49,520 --> 00:00:52,879 Speaker 1: was a former sheriff's deputy and they both said that 13 00:00:52,960 --> 00:00:57,040 Speaker 1: Sonny Baradia had asked him to hold the stolen items. 14 00:00:57,480 --> 00:01:01,040 Speaker 1: Even though Sonny wasn't black, the police chose to believe 15 00:01:01,400 --> 00:01:06,120 Speaker 1: that he was an Islamic militant. This is wrongful conviction. 16 00:01:12,080 --> 00:01:14,920 Speaker 1: You're listening to Wrongful Conviction. You can listen to this 17 00:01:15,000 --> 00:01:17,679 Speaker 1: and all the Lava for Good podcasts one week early 18 00:01:17,760 --> 00:01:21,080 Speaker 1: and ad free by subscribing to Lava for Good Plus 19 00:01:21,400 --> 00:01:33,959 Speaker 1: on Apple Podcasts. Welcome back to Wrongful Conviction this story today. 20 00:01:34,040 --> 00:01:35,360 Speaker 1: First of all, it's going to make you want to 21 00:01:35,440 --> 00:01:39,120 Speaker 1: jump through your headset whatever you're listening to this on, 22 00:01:39,600 --> 00:01:42,959 Speaker 1: and strangle somebody, because well, I've been wanting to do 23 00:01:43,080 --> 00:01:45,000 Speaker 1: something like that ever since I first heard about it 24 00:01:45,080 --> 00:01:48,680 Speaker 1: years ago, and I'm so glad that Suddy Barati is 25 00:01:48,720 --> 00:01:50,720 Speaker 1: here with us today to tell it. But before I 26 00:01:50,760 --> 00:01:53,840 Speaker 1: introduced Studdy, I want to introduce my co host, Ben Bolan. 27 00:01:54,480 --> 00:01:56,600 Speaker 1: Many of you will know, he's one of my favorite 28 00:01:56,640 --> 00:01:59,080 Speaker 1: podcasters and probably one of yours as well, and we're 29 00:01:59,080 --> 00:02:02,880 Speaker 1: so thrilled to have him on this season of Rawful Conviction. 30 00:02:03,160 --> 00:02:03,840 Speaker 2: Thank you so much. 31 00:02:03,880 --> 00:02:06,400 Speaker 3: This is and anger that we all share, like you 32 00:02:06,440 --> 00:02:09,800 Speaker 3: were saying, wanting to jump through the headset. We're going 33 00:02:09,840 --> 00:02:13,760 Speaker 3: to talk about some gross miscarriages of justice, but I 34 00:02:13,800 --> 00:02:16,240 Speaker 3: don't know, Jason, what better way to begin than to 35 00:02:16,560 --> 00:02:17,320 Speaker 3: speak with the man. 36 00:02:17,280 --> 00:02:20,360 Speaker 2: Himself, Sonny, Thanks so much for being here, Thank you. 37 00:02:20,520 --> 00:02:22,760 Speaker 1: And to help tell this story. We're also joined by 38 00:02:22,760 --> 00:02:25,399 Speaker 1: Sonny's pro bono attorney, Olivia Vigiletti. 39 00:02:25,480 --> 00:02:28,560 Speaker 3: Welcome, Thank you so much, and this story begins in 40 00:02:28,600 --> 00:02:30,320 Speaker 3: the metro Atlanta area. 41 00:02:30,440 --> 00:02:32,600 Speaker 4: Yes, suburbs. I grow up of Stone Mountain. I mean 42 00:02:32,639 --> 00:02:34,400 Speaker 4: growing up out a pretty good childhood. I mean I 43 00:02:34,400 --> 00:02:37,320 Speaker 4: had parents now're married, you know, red with things like holidays, 44 00:02:37,320 --> 00:02:39,840 Speaker 4: go camping, Daisy World, did all that growing up. I mean, 45 00:02:39,919 --> 00:02:42,760 Speaker 4: play sports, eleague, baseball, stuff like that, hanging out my 46 00:02:42,800 --> 00:02:43,560 Speaker 4: friends and stuff. 47 00:02:43,600 --> 00:02:44,440 Speaker 2: I mean that was it. 48 00:02:44,800 --> 00:02:47,079 Speaker 1: And by the time this happened in September two thousand 49 00:02:47,080 --> 00:02:49,200 Speaker 1: and one, Sonny was in his mid twenties. 50 00:02:49,560 --> 00:02:51,320 Speaker 4: The fall this happened, I was working. I was going 51 00:02:51,360 --> 00:02:54,320 Speaker 4: to school and go to gym Rediley. I was doing 52 00:02:54,320 --> 00:02:56,639 Speaker 4: that sheet metal work. I mean does a good job 53 00:02:56,680 --> 00:02:59,320 Speaker 4: because like at that time probably like seventy five dollars 54 00:02:59,440 --> 00:03:01,919 Speaker 4: now doing it. And he gave me opportunities to move 55 00:03:01,960 --> 00:03:03,360 Speaker 4: up in a job. And so for me at the 56 00:03:03,360 --> 00:03:05,120 Speaker 4: time that was good and was something stable. 57 00:03:05,240 --> 00:03:07,840 Speaker 1: Yeahs an hour, it was good money. Yes, this is 58 00:03:07,840 --> 00:03:09,480 Speaker 1: how you were able to afford a tahoe and some 59 00:03:09,520 --> 00:03:11,839 Speaker 1: other nice things. Right, So you're doing all right. 60 00:03:12,040 --> 00:03:14,720 Speaker 3: And you also had a side interest. 61 00:03:14,480 --> 00:03:16,120 Speaker 2: In cars vehicles. 62 00:03:16,200 --> 00:03:19,079 Speaker 4: Yeah, yeah, yes, my little side thing was I like 63 00:03:19,120 --> 00:03:20,520 Speaker 4: to buy cars and fix the myself. 64 00:03:20,680 --> 00:03:23,560 Speaker 1: And Sunny was very generous with his talents, especially with 65 00:03:23,639 --> 00:03:27,280 Speaker 1: his close friends Ray Sewan and Keisha Pitts. While it 66 00:03:27,360 --> 00:03:31,920 Speaker 1: seems some acquaintances took advantage of Sonny's generosity, one of 67 00:03:31,960 --> 00:03:36,000 Speaker 1: them was a guy named Sterling Flint. But before Sterling 68 00:03:36,160 --> 00:03:39,800 Speaker 1: enters the story, a different friend who stayed in Beuford, 69 00:03:39,920 --> 00:03:43,120 Speaker 1: South Carolina, had asked to borrow Sonny's shabby tahoe. 70 00:03:43,480 --> 00:03:45,400 Speaker 4: I let a friend of mine use my car because 71 00:03:45,400 --> 00:03:47,120 Speaker 4: his car was in the shop. I'm like sure, just 72 00:03:47,200 --> 00:03:48,960 Speaker 4: like two three days a camp, and it ended up 73 00:03:49,000 --> 00:03:51,600 Speaker 4: being a breach of trust. Like when Friday came, it's 74 00:03:51,680 --> 00:03:54,280 Speaker 4: like a cell phone was cut off so he won't respond. 75 00:03:54,480 --> 00:03:57,040 Speaker 4: And I knew it was his mother's house in South Carolina, 76 00:03:57,120 --> 00:04:00,120 Speaker 4: so I got all his ex wife, got his mother's address, 77 00:04:00,160 --> 00:04:03,680 Speaker 4: and I called to Cab County Police explain what happened 78 00:04:03,720 --> 00:04:06,320 Speaker 4: to my vehicle. And I remember clearly being a Saturday, 79 00:04:06,520 --> 00:04:09,840 Speaker 4: November seventeenth, two thousand and one, I met a friend 80 00:04:09,880 --> 00:04:12,840 Speaker 4: of mine named Rayshawn's house exactly from Brooklyn, and so 81 00:04:12,920 --> 00:04:14,400 Speaker 4: I just to go check on his wife when he's 82 00:04:14,440 --> 00:04:16,520 Speaker 4: out of town in New York working and take his 83 00:04:16,520 --> 00:04:17,480 Speaker 4: wife's kids. 84 00:04:17,200 --> 00:04:22,400 Speaker 3: Out that night Sunny, his girlfriend Alitia Colbert and Rayshawn's wife, Kesha. 85 00:04:22,720 --> 00:04:25,120 Speaker 3: They all went out together with their kids for the 86 00:04:25,160 --> 00:04:29,039 Speaker 3: opening weekend of Harry Potter and the Sorcerer's Stone, which 87 00:04:29,080 --> 00:04:32,000 Speaker 3: they watched to drive it now. They got home very 88 00:04:32,080 --> 00:04:33,799 Speaker 3: late around midnight. 89 00:04:33,800 --> 00:04:37,160 Speaker 4: So the next day being Sunday, which was a day 90 00:04:37,160 --> 00:04:39,800 Speaker 4: a crime. November eighteenth, two thousand and one. I'm at 91 00:04:39,800 --> 00:04:43,239 Speaker 4: my girlfriend's house. About ten o'clock, my cell phone rings 92 00:04:43,400 --> 00:04:46,680 Speaker 4: and it's a detective from Beauford County, South Carolina, and 93 00:04:46,720 --> 00:04:48,560 Speaker 4: he told me he has my vehicle in his impound 94 00:04:49,080 --> 00:04:51,360 Speaker 4: and I can pick it up Monday through Friday. So 95 00:04:51,560 --> 00:04:54,560 Speaker 4: that day I dropped my girlfriend's daughter to Mova's house. 96 00:04:54,720 --> 00:04:57,640 Speaker 4: I took my girlfriend, took her to Wendy's. I went 97 00:04:57,680 --> 00:04:59,560 Speaker 4: through the drive through day on cameras. I got her 98 00:04:59,560 --> 00:05:02,240 Speaker 4: something to and I dropped across street to a job 99 00:05:02,400 --> 00:05:04,920 Speaker 4: and then a comma from ray Sean, and I asked 100 00:05:04,960 --> 00:05:06,520 Speaker 4: him I'll pick up a socket set from his house 101 00:05:06,560 --> 00:05:08,160 Speaker 4: because I was working on his car out bought from 102 00:05:08,160 --> 00:05:10,640 Speaker 4: auction a while back. So I get the soaka set 103 00:05:10,640 --> 00:05:12,440 Speaker 4: a little left, like twelve o'clock and I go to 104 00:05:12,440 --> 00:05:14,560 Speaker 4: a friend of mine's house. I had a car park 105 00:05:14,680 --> 00:05:17,119 Speaker 4: there which I was working on and around four thirty 106 00:05:17,120 --> 00:05:19,800 Speaker 4: five o'clock I stopped by Ray Shawn's dropped a soakka 107 00:05:19,880 --> 00:05:20,279 Speaker 4: set off. 108 00:05:20,520 --> 00:05:23,599 Speaker 1: So Sonny's whereabouts were accounted for in the Metro Atlanta area, 109 00:05:23,720 --> 00:05:26,279 Speaker 1: over two hundred and fifty miles away from the scene 110 00:05:26,279 --> 00:05:30,080 Speaker 1: of the crime, which was in a Savannah suburb called Thunderbolt, Georgia. Now, 111 00:05:30,400 --> 00:05:34,160 Speaker 1: remember this happened not even ten weeks after nine to eleven, 112 00:05:34,279 --> 00:05:37,720 Speaker 1: when average Americans were just learning the names of militant 113 00:05:37,720 --> 00:05:42,200 Speaker 1: groups like Al Qaeda, and this fear of terrorist cells 114 00:05:42,360 --> 00:05:45,400 Speaker 1: operating in the US was at a fever pitch. So 115 00:05:45,680 --> 00:05:48,760 Speaker 1: with that backdrop, it's believed that an acquaintance of Sonny's 116 00:05:48,800 --> 00:05:51,920 Speaker 1: named Sterling Flint, committed a burglary in the early afternoon 117 00:05:51,960 --> 00:05:53,720 Speaker 1: of November eighteenth, two thousand and one. 118 00:05:54,120 --> 00:05:58,000 Speaker 5: Basically, this was a daytime burglary gone wrong. Sterling Flint 119 00:05:58,000 --> 00:06:01,000 Speaker 5: breaks into the house and he's stealing electronics and the 120 00:06:01,080 --> 00:06:04,640 Speaker 5: victim comes home, so he very quickly blindfolds her and 121 00:06:04,680 --> 00:06:07,240 Speaker 5: he tells her this very scary story about how he's 122 00:06:07,279 --> 00:06:10,800 Speaker 5: part of al Qaeda and he was sent here for her, 123 00:06:10,920 --> 00:06:13,320 Speaker 5: and she says in her original police statement that he 124 00:06:13,360 --> 00:06:15,200 Speaker 5: was pretending to be on the phone with someone else 125 00:06:15,320 --> 00:06:18,159 Speaker 5: who's maybe like instructing him what to do next, but 126 00:06:18,240 --> 00:06:19,920 Speaker 5: she knew that there was no one actually on the phone. 127 00:06:19,960 --> 00:06:22,240 Speaker 5: She could hear the dial tone, and he tells her 128 00:06:22,279 --> 00:06:24,640 Speaker 5: he needs to commit what he calls a fake rape 129 00:06:25,120 --> 00:06:29,320 Speaker 5: to make this other person happy, so that she's scared quiet, 130 00:06:29,360 --> 00:06:31,520 Speaker 5: and he's holding her at knife point and does some 131 00:06:31,960 --> 00:06:33,200 Speaker 5: assault of things to her. 132 00:06:33,920 --> 00:06:34,359 Speaker 2: Be aware. 133 00:06:34,400 --> 00:06:38,760 Speaker 3: The following language is graphic and maybe disturbing. This is 134 00:06:38,839 --> 00:06:42,400 Speaker 3: from the victim's statement. The victim says, this man tied 135 00:06:42,440 --> 00:06:47,320 Speaker 3: her up to the bed, performed oral sex on her, masturbated, ejaculated, 136 00:06:47,560 --> 00:06:50,400 Speaker 3: cleaned up after himself had then left with a number 137 00:06:50,480 --> 00:06:54,320 Speaker 3: of electronic items and a suitcase. When the victim freed 138 00:06:54,360 --> 00:06:58,600 Speaker 3: herself and removed the blindfold, she noticed it was two forty. 139 00:06:58,320 --> 00:07:02,119 Speaker 5: Pm, fortunately for some Before she gets blindfolded, she sees 140 00:07:02,160 --> 00:07:03,760 Speaker 5: he's wearing blue and white bat and gloves, and she 141 00:07:03,839 --> 00:07:07,440 Speaker 5: tells the police that but the GBI the Georgia labs 142 00:07:07,520 --> 00:07:11,000 Speaker 5: at the time were only testing fluids. The labs weren't 143 00:07:11,040 --> 00:07:14,280 Speaker 5: doing touch DNA testing, so they scan all the evidence 144 00:07:14,320 --> 00:07:16,000 Speaker 5: that they have. They don't find any fluids. They say 145 00:07:16,000 --> 00:07:18,520 Speaker 5: there's nothing to test, and that's really important. 146 00:07:18,760 --> 00:07:20,680 Speaker 1: We're going to hold onto that detail for later, But 147 00:07:20,800 --> 00:07:23,040 Speaker 1: at that time all they had to go on was 148 00:07:23,080 --> 00:07:26,880 Speaker 1: her description. Now, remember the attacker was partially masked, she 149 00:07:26,920 --> 00:07:30,120 Speaker 1: had only seen his eyes shortly before she was blindfolded, 150 00:07:30,160 --> 00:07:33,240 Speaker 1: and the victim was white, which made this a cross 151 00:07:33,360 --> 00:07:38,840 Speaker 1: racial identification situation, whether with the actual attacker as described 152 00:07:38,880 --> 00:07:40,760 Speaker 1: by the victim or with Sonny. 153 00:07:40,960 --> 00:07:43,080 Speaker 4: The victim's description of the guy was a black mail 154 00:07:43,200 --> 00:07:47,280 Speaker 4: bushy bras bushy musta's darskin ruskin face five six, one fifty. 155 00:07:47,360 --> 00:07:48,840 Speaker 4: I was like one eighty five. I just go to 156 00:07:48,920 --> 00:07:50,680 Speaker 4: gym like four days a week at a time. So 157 00:07:50,720 --> 00:07:52,720 Speaker 4: you're not saying one hundred fifty pounds. You're not said 158 00:07:52,760 --> 00:07:53,480 Speaker 4: I was a black mail. 159 00:07:53,800 --> 00:07:58,400 Speaker 3: After all, Sonny's ethnicity is Indian, which I guess if 160 00:07:58,440 --> 00:08:01,920 Speaker 3: you're a racist and you're all suit not good at 161 00:08:01,920 --> 00:08:05,000 Speaker 3: being racist, then that makes Sunny a member of al 162 00:08:05,080 --> 00:08:09,320 Speaker 3: Qaeda somehow. But we're getting ahead of ourselves. At this point, 163 00:08:09,400 --> 00:08:13,000 Speaker 3: they had made a composite sketch of a black man. Meanwhile, 164 00:08:13,160 --> 00:08:16,760 Speaker 3: Sunny was headed just a short distance north of Savannah, Georgia, 165 00:08:17,000 --> 00:08:20,520 Speaker 3: to Beauford County, South Carolina to get his car back. However, 166 00:08:20,640 --> 00:08:23,000 Speaker 3: the only friend he could scramble to come with him 167 00:08:23,080 --> 00:08:25,480 Speaker 3: to drive one of the vehicles back home she had 168 00:08:25,480 --> 00:08:26,720 Speaker 3: a problem with her license. 169 00:08:27,080 --> 00:08:30,320 Speaker 4: We finally get a Buford like five pm on November nineteenth, 170 00:08:30,360 --> 00:08:33,520 Speaker 4: and I picked my vehicle up and just randomly startling. 171 00:08:33,559 --> 00:08:35,560 Speaker 4: Flint called me at that time, and I've only seen 172 00:08:35,559 --> 00:08:37,440 Speaker 4: this coup once or twice. So he's like, where am 173 00:08:37,480 --> 00:08:38,880 Speaker 4: I at? I said him in Bufford and he's like, 174 00:08:38,920 --> 00:08:41,000 Speaker 4: were you like thirty minutes from me. It's like light 175 00:08:41,040 --> 00:08:43,240 Speaker 4: bulb goes off in a head. I was like, hey, man, 176 00:08:43,320 --> 00:08:45,600 Speaker 4: is any way you go on Atlanta soon? Because I 177 00:08:45,640 --> 00:08:47,600 Speaker 4: got a scirrel me took me to get my car, 178 00:08:48,000 --> 00:08:49,800 Speaker 4: but she has some type of issue of license. 179 00:08:49,840 --> 00:08:51,360 Speaker 2: I think she had a DUI or something. 180 00:08:51,920 --> 00:08:53,880 Speaker 4: So I didn't want to getting pulled over going back 181 00:08:53,920 --> 00:08:55,800 Speaker 4: to Atlanta driving behind me, you know, So I asked 182 00:08:55,800 --> 00:08:57,520 Speaker 4: me to drive my vehicle back and he's like sure. 183 00:08:57,679 --> 00:09:00,000 Speaker 4: So we met him and his girlfriend at a restaurant. 184 00:09:00,200 --> 00:09:02,960 Speaker 4: We ate dinner, and he left on his motorcycle and 185 00:09:03,040 --> 00:09:04,840 Speaker 4: I follow his girlfriend to his house. So when we 186 00:09:04,880 --> 00:09:07,319 Speaker 4: get to his house, she introduced me her roommate with 187 00:09:07,360 --> 00:09:09,800 Speaker 4: he was a Chatham County share steputy, and she tells 188 00:09:09,840 --> 00:09:11,880 Speaker 4: me she used to be a Chatham County shaf's deputy. 189 00:09:12,000 --> 00:09:15,719 Speaker 1: Now it appears that Sterling's girlfriend, Ashley Dold's affiliation to 190 00:09:15,800 --> 00:09:18,160 Speaker 1: law enforcement may have played a role in this case. 191 00:09:18,559 --> 00:09:20,800 Speaker 1: But at this point in the story, Sterling Flint parked 192 00:09:20,840 --> 00:09:23,760 Speaker 1: his motorcycle at home. He got into Chabby Tahoe and 193 00:09:23,920 --> 00:09:26,360 Speaker 1: was supposed to follow Sonny back to his friend's house 194 00:09:26,360 --> 00:09:27,000 Speaker 1: at Atlanta. 195 00:09:27,320 --> 00:09:29,360 Speaker 4: When we entered one of the interstates in Atlanta, my 196 00:09:29,480 --> 00:09:32,120 Speaker 4: vehicle disappeared. I don't see him on the highway no more. 197 00:09:32,160 --> 00:09:34,160 Speaker 4: But finally when I get to my friend's house, I'll 198 00:09:34,240 --> 00:09:36,679 Speaker 4: keep calling. His phone is not answering. Probably about three 199 00:09:36,720 --> 00:09:38,599 Speaker 4: o'clock in the morning, he calls. He says that he 200 00:09:38,679 --> 00:09:41,440 Speaker 4: stopped for gas and he ran into a friend of 201 00:09:41,480 --> 00:09:43,640 Speaker 4: his aid and seen in some yours and he'll beat in. 202 00:09:43,600 --> 00:09:45,040 Speaker 2: A few So she left the doornlock. 203 00:09:45,160 --> 00:09:47,000 Speaker 4: So I don't wake up, probably about seven o'clock, and 204 00:09:47,040 --> 00:09:48,800 Speaker 4: it's like, you know, you have that feeling like you 205 00:09:48,880 --> 00:09:50,080 Speaker 4: just know something's not right. 206 00:09:50,200 --> 00:09:52,600 Speaker 2: And so by eleven o'clock in the morning, he calls. 207 00:09:52,760 --> 00:09:55,720 Speaker 4: He says he stopped at his mom's house and he'll 208 00:09:55,720 --> 00:09:57,680 Speaker 4: beat in a few and I clearly looked at a. 209 00:09:57,640 --> 00:10:00,000 Speaker 2: Phone number on the call ide I wrote the number down. Well, 210 00:10:00,000 --> 00:10:02,280 Speaker 2: well I'm waiting. I'm waiting. He never comes. 211 00:10:02,640 --> 00:10:05,240 Speaker 4: So going into the next morning, I caught his mother's 212 00:10:05,240 --> 00:10:07,240 Speaker 4: house and I'm like asking if he's there, and she's 213 00:10:07,400 --> 00:10:09,560 Speaker 4: like no, and I said, my name's Sonny. I said, 214 00:10:09,600 --> 00:10:11,520 Speaker 4: your son has my vehicle. Can you ask him bring 215 00:10:11,520 --> 00:10:13,440 Speaker 4: it back by twelve o'clock noon. If he doesn't, I'm 216 00:10:13,480 --> 00:10:16,120 Speaker 4: report of stolen. So right before noon, I hear my 217 00:10:16,160 --> 00:10:18,920 Speaker 4: friend on the phone arguing with somebody and yelling and stuff. 218 00:10:18,920 --> 00:10:20,920 Speaker 4: So I asked what's going on. She's like, that's Sterling 219 00:10:21,080 --> 00:10:23,040 Speaker 4: and she's saying his threatening to kill her. So I 220 00:10:23,080 --> 00:10:24,920 Speaker 4: grabbed the phone. He said, it's going to kill my 221 00:10:24,960 --> 00:10:27,000 Speaker 4: family because he's got my home address, because I've got 222 00:10:27,080 --> 00:10:29,520 Speaker 4: mail in my car and is in kill mcgarthin and 223 00:10:29,679 --> 00:10:30,000 Speaker 4: kill me. 224 00:10:30,200 --> 00:10:31,440 Speaker 2: So I called a police. 225 00:10:31,800 --> 00:10:35,360 Speaker 3: Suddy made a police report that Sterling Flint had stolen 226 00:10:35,480 --> 00:10:40,200 Speaker 3: his Chevy Tahoe and made terroristic threats. Now, at some point, 227 00:10:40,480 --> 00:10:43,960 Speaker 3: the burglary and sexual assault victim viewed a photo lineup 228 00:10:44,080 --> 00:10:48,640 Speaker 3: and identified Sterling Flint as her attacker. So now Sterling 229 00:10:48,800 --> 00:10:52,880 Speaker 3: is wanted by Thunderbolt PD in Chatham County for terroristic 230 00:10:52,960 --> 00:10:56,400 Speaker 3: threats into Cab County, as well as in Clayton County 231 00:10:56,440 --> 00:10:59,040 Speaker 3: where he first made off with the Chevy Tahoe. 232 00:10:59,520 --> 00:11:02,840 Speaker 4: So this whole time, I'm calling Sterring. Finally answers, he says, 233 00:11:02,920 --> 00:11:05,600 Speaker 4: gonna run my truck off a cliff, gonna kill my family. 234 00:11:05,880 --> 00:11:08,160 Speaker 4: And I said, man, I work for everything I have, 235 00:11:08,280 --> 00:11:10,400 Speaker 4: and you got a motorcycle, it's like if that bike 236 00:11:10,520 --> 00:11:13,200 Speaker 4: is hot, and you mentioned the stolen And a couple 237 00:11:13,240 --> 00:11:15,439 Speaker 4: of days later there was a messed with my parents' 238 00:11:15,600 --> 00:11:18,800 Speaker 4: voicemail for me to call this Detective Underwood in Cobb 239 00:11:18,880 --> 00:11:22,280 Speaker 4: County and he asked for Sterling Flint and I'm like, yes, 240 00:11:22,320 --> 00:11:24,200 Speaker 4: that's the guy still my vehicles. And he's like, the 241 00:11:24,200 --> 00:11:26,360 Speaker 4: reason I came looking for your vehicles involved in a 242 00:11:26,360 --> 00:11:29,400 Speaker 4: burger in Cobb County and the residents came home, Sterling 243 00:11:29,400 --> 00:11:31,960 Speaker 4: Flint was in the house. He assaulted the guy fled 244 00:11:32,000 --> 00:11:34,000 Speaker 4: in a tahoe, which was my vehicle, so to report 245 00:11:34,040 --> 00:11:36,080 Speaker 4: the tag number. When he ran the tag, it showed 246 00:11:36,120 --> 00:11:37,680 Speaker 4: up in my name, but it also showed up it 247 00:11:37,720 --> 00:11:39,840 Speaker 4: was stolen. A week prior and goes, well, your vehicle 248 00:11:39,960 --> 00:11:42,160 Speaker 4: was in a high speed chase with Atlanta Pede last night. 249 00:11:42,559 --> 00:11:44,679 Speaker 4: Black Mail jumped out of the vehicle, fled on foot, 250 00:11:44,760 --> 00:11:47,160 Speaker 4: and my vehicle went down a hill hit the telephone pole. 251 00:11:47,320 --> 00:11:49,720 Speaker 4: He's like, they're looking for him now, so he asked 252 00:11:49,720 --> 00:11:51,400 Speaker 4: me to get in touch with him, and I'm like, well, 253 00:11:51,480 --> 00:11:53,120 Speaker 4: is this girlfriend's phone number if that'll help. 254 00:11:53,400 --> 00:11:57,600 Speaker 1: So Detective Underwood called Chatham County shared Ashley Dole's phone number, 255 00:11:57,600 --> 00:12:00,160 Speaker 1: but they already knew her and they went looking for 256 00:12:00,200 --> 00:12:01,400 Speaker 1: the stolen motorcycle. 257 00:12:01,640 --> 00:12:04,520 Speaker 5: When the police show up to Sterling Flint's house, the 258 00:12:04,640 --> 00:12:07,520 Speaker 5: victims stolen items are inside of his house and we 259 00:12:07,640 --> 00:12:09,959 Speaker 5: know that they're her items because he stole some luggage 260 00:12:09,960 --> 00:12:11,440 Speaker 5: and I had her name on it, so we know 261 00:12:11,600 --> 00:12:14,560 Speaker 5: they're her items. And the batting gloves she describes to 262 00:12:14,600 --> 00:12:16,720 Speaker 5: the police are with the stolen items. 263 00:12:16,960 --> 00:12:19,480 Speaker 4: When he found his stuff at her house, she called 264 00:12:19,800 --> 00:12:22,040 Speaker 4: him on the phone and he tells her say, I 265 00:12:22,080 --> 00:12:22,920 Speaker 4: brought the stuff there. 266 00:12:23,040 --> 00:12:27,760 Speaker 5: Sterling Flint says, I am holding these items for Sonny Bradia. 267 00:12:27,880 --> 00:12:30,560 Speaker 4: I'merstaying his girlfriend was ex Chaman County. Shaf Stepani roommates 268 00:12:30,559 --> 00:12:33,680 Speaker 4: a Chatham County. Shaf Steppye telling a Thunderbolt police officer, 269 00:12:33,720 --> 00:12:36,240 Speaker 4: which is a Chatham County that I brought this stuff there. 270 00:12:36,400 --> 00:12:38,640 Speaker 4: Now the whole storyline changed from a blackmail to. 271 00:12:38,640 --> 00:12:41,280 Speaker 5: Me, it's kind of brilliant, right because he's like, Hey, 272 00:12:41,360 --> 00:12:43,320 Speaker 5: let me get out of this crap that I did, 273 00:12:43,440 --> 00:12:45,800 Speaker 5: and let me implicate this guy that's giving me trouble 274 00:12:45,840 --> 00:12:48,360 Speaker 5: for stealing his car. The police should have said, well, 275 00:12:48,360 --> 00:12:50,560 Speaker 5: that's absurd. That doesn't make sense. Sonny is the one 276 00:12:50,559 --> 00:12:53,600 Speaker 5: who sent us over here. Why would Sonny tell the police, hey, 277 00:12:53,640 --> 00:12:56,920 Speaker 5: go check out this guy when he's holding stolen items 278 00:12:56,920 --> 00:12:58,439 Speaker 5: for Sunny. It doesn't make any sense. 279 00:12:58,720 --> 00:12:59,000 Speaker 3: Lost. 280 00:12:59,080 --> 00:13:02,720 Speaker 1: The victim had already identified sterling Flint from a photo array, 281 00:13:03,080 --> 00:13:06,000 Speaker 1: so this case literally came with instructions. 282 00:13:06,280 --> 00:13:09,320 Speaker 5: But when we're thinking about how to secure a conviction, 283 00:13:09,760 --> 00:13:12,439 Speaker 5: they only had the victims who was blindfolded for most 284 00:13:12,480 --> 00:13:15,240 Speaker 5: of it. They only had her identification. Well, if Sterling 285 00:13:15,240 --> 00:13:18,000 Speaker 5: Flint is willing to testify against Sonny, then now they 286 00:13:18,000 --> 00:13:20,480 Speaker 5: have two witnesses that would speak against Sonny, where there's 287 00:13:20,480 --> 00:13:23,400 Speaker 5: only maybe one witness that would speak against Sterling Flint. 288 00:13:23,640 --> 00:13:26,680 Speaker 3: But then the lead detective on the burglary and sexual 289 00:13:26,679 --> 00:13:30,640 Speaker 3: assault and thunderbolt. Detective Henry Trey Connors brought the victim 290 00:13:30,640 --> 00:13:34,160 Speaker 3: in to view a second photo lineup. This time Sterling 291 00:13:34,240 --> 00:13:35,800 Speaker 3: Flint wasn't even in it. 292 00:13:36,240 --> 00:13:40,040 Speaker 4: Every photo on a lineup was blurred and they will blackmails. 293 00:13:40,480 --> 00:13:42,640 Speaker 4: One guy had one eye and I was the only 294 00:13:42,679 --> 00:13:45,720 Speaker 4: clear photo on a lineup. She has circled photo number four, 295 00:13:45,760 --> 00:13:48,640 Speaker 4: which was me. Another lineup she circled Sterling Flint and 296 00:13:48,640 --> 00:13:51,040 Speaker 4: somebody else and so she identified three different people, but 297 00:13:51,120 --> 00:13:52,400 Speaker 4: one person did crime. 298 00:13:52,280 --> 00:13:54,360 Speaker 5: Which is a traumatized person who didn't get a good 299 00:13:54,400 --> 00:13:58,160 Speaker 5: look at the perpetrator. We're talking about crossracial identification. There's 300 00:13:58,280 --> 00:14:01,600 Speaker 5: a lot of research that showed is that all humans 301 00:14:01,640 --> 00:14:05,960 Speaker 5: of all races are worse at identifying strangers of other 302 00:14:06,080 --> 00:14:08,840 Speaker 5: races than they are strangers of their own race. 303 00:14:09,000 --> 00:14:10,840 Speaker 1: I think it one step further, Olivia, which is that 304 00:14:11,000 --> 00:14:15,600 Speaker 1: multiple studies have shown that, particularly in instances where someone 305 00:14:15,600 --> 00:14:17,240 Speaker 1: has either been a victim or a witness to a 306 00:14:17,320 --> 00:14:20,920 Speaker 1: violent crime, cross racial identification has been proven to be 307 00:14:21,160 --> 00:14:24,960 Speaker 1: less accurate than guessing, which means, as crazy as it sounds, 308 00:14:25,080 --> 00:14:28,720 Speaker 1: a person who wasn't even there, just by virtue of guessing, 309 00:14:28,800 --> 00:14:31,800 Speaker 1: would have a better chance of identifying the actual perpetrator 310 00:14:32,160 --> 00:14:33,320 Speaker 1: than somebody who was. 311 00:14:33,600 --> 00:14:36,280 Speaker 5: Yeah, it's understandable that she made that mistake, it's not 312 00:14:36,480 --> 00:14:38,520 Speaker 5: understandable that the police rolled with it. 313 00:14:38,800 --> 00:14:41,360 Speaker 4: So the next day, which was Friday, November thirty, if 314 00:14:41,360 --> 00:14:44,200 Speaker 4: I got arrest in this served me a warrant from bravery, 315 00:14:44,280 --> 00:14:47,920 Speaker 4: sexual assault actively to sodom and kidnapping. I'm laughing, thinking 316 00:14:48,000 --> 00:14:50,480 Speaker 4: as candid camera, like this some kind of sordid joke, 317 00:14:50,560 --> 00:14:53,200 Speaker 4: you know, But when they pulled the guns out on 318 00:14:53,280 --> 00:14:57,000 Speaker 4: knew this was serious and sex goes, you know why 319 00:14:57,040 --> 00:15:00,200 Speaker 4: I arrested you, and I'm like why he goes Ashley. 320 00:15:00,400 --> 00:15:01,720 Speaker 2: Which is Sterling Flint's girlfriend. 321 00:15:01,760 --> 00:15:04,840 Speaker 4: Next chers deputy, I arrest you because of what she said, 322 00:15:05,040 --> 00:15:07,600 Speaker 4: not because of what the victim said. I didn't know 323 00:15:07,640 --> 00:15:23,000 Speaker 4: what to think. They placed me under the wrist. He 324 00:15:23,040 --> 00:15:25,360 Speaker 4: said a crime happened in Thunderbolt. I've never heard this 325 00:15:25,440 --> 00:15:29,040 Speaker 4: time in my life. Had these boots on one and 326 00:15:29,080 --> 00:15:31,480 Speaker 4: as like it's going to be a long time. 327 00:15:31,320 --> 00:15:34,320 Speaker 2: Before season boots agin. I never forget that. 328 00:15:36,440 --> 00:15:39,800 Speaker 3: Sunny couldn't bond out and spent about a year and 329 00:15:39,800 --> 00:15:43,760 Speaker 3: a half in pre trialed attention while Sterling Flint, the 330 00:15:43,800 --> 00:15:47,040 Speaker 3: man whose whereabouts were unknown during the crime, The man 331 00:15:47,080 --> 00:15:50,760 Speaker 3: who was fending off several other burglary charges as well 332 00:15:50,800 --> 00:15:54,560 Speaker 3: as a charge for Sonny stolen vehicle and a motorcycle. 333 00:15:54,880 --> 00:15:58,440 Speaker 3: The guy who was originally identified by the victim and 334 00:15:58,600 --> 00:16:02,040 Speaker 3: had her belongings. He was able to shift the blame 335 00:16:02,240 --> 00:16:05,520 Speaker 3: onto Sonny, and he appeared to have everyone's help in 336 00:16:05,600 --> 00:16:07,800 Speaker 3: doing so. 337 00:16:07,880 --> 00:16:12,480 Speaker 5: Sterling Flint took a plea to receiving stolen property right 338 00:16:12,520 --> 00:16:14,960 Speaker 5: because that's his story that he received these things from Sonny. 339 00:16:15,360 --> 00:16:17,240 Speaker 5: As far as I know, that's the deal he got 340 00:16:17,240 --> 00:16:20,400 Speaker 5: to testify against Sonny. Of course, there's these other separate 341 00:16:20,520 --> 00:16:23,240 Speaker 5: crimes in a separate county, and so he was working 342 00:16:23,280 --> 00:16:25,880 Speaker 5: on that. He is, actually, if you can believe it, 343 00:16:26,040 --> 00:16:29,960 Speaker 5: a jailhouse informant in another Georgia Innocence Project case where 344 00:16:30,080 --> 00:16:32,920 Speaker 5: he cut a deal to completely fabricate a story against 345 00:16:32,920 --> 00:16:33,760 Speaker 5: another man. 346 00:16:34,000 --> 00:16:37,080 Speaker 1: And that man's name is Eric Hurd. Now, over twenty 347 00:16:37,120 --> 00:16:39,640 Speaker 1: percent of the first two hundred and fifty DNA exonerations 348 00:16:39,680 --> 00:16:43,000 Speaker 1: in history involved the use of jail house informants, which 349 00:16:43,160 --> 00:16:47,280 Speaker 1: isn't hard to believe considering how much these jailhouse snitches 350 00:16:47,360 --> 00:16:50,960 Speaker 1: or informants have to gain from there, and said device testimony. 351 00:16:51,000 --> 00:16:54,840 Speaker 1: But it appears that the lead detective had a motivation 352 00:16:55,080 --> 00:16:59,720 Speaker 1: to ignore this more compelling suspect, instead choosing to pursue 353 00:16:59,760 --> 00:17:02,000 Speaker 1: what was an impossible narrative. 354 00:17:02,440 --> 00:17:05,000 Speaker 4: We go to my plumbing hearing and the detectives. His 355 00:17:05,080 --> 00:17:07,120 Speaker 4: old events were when I came to Savannah to pick 356 00:17:07,200 --> 00:17:09,239 Speaker 4: my vehicle up from the impound. He said, I did 357 00:17:09,320 --> 00:17:12,320 Speaker 4: all that Sunday record, show all my vehicles an impound Sunday. 358 00:17:12,320 --> 00:17:14,160 Speaker 2: I didn't even have my vehicle that Sunday. I came 359 00:17:14,200 --> 00:17:14,960 Speaker 2: to Savannah that. 360 00:17:15,040 --> 00:17:18,760 Speaker 4: Monday, and then we did a video audio statement in 361 00:17:18,800 --> 00:17:21,320 Speaker 4: front of an attorney and he's saying my account for 362 00:17:21,400 --> 00:17:23,919 Speaker 4: that day, and I'm like, look, these are my witnesses. 363 00:17:24,480 --> 00:17:26,880 Speaker 4: I said, I went through Wedndays that morning to have cameras. 364 00:17:26,880 --> 00:17:29,160 Speaker 4: I went through this quick trip gas station to have cameras. 365 00:17:29,400 --> 00:17:31,920 Speaker 4: It's gonna be substantiate. These are my witnesses. He didn't 366 00:17:31,920 --> 00:17:34,280 Speaker 4: care about none of that. In his mind. I'm a Muslim, 367 00:17:34,359 --> 00:17:36,280 Speaker 4: I come did this and he goes that. He called 368 00:17:36,320 --> 00:17:38,240 Speaker 4: home ob security said this guy's terrorists. You need to 369 00:17:38,280 --> 00:17:40,359 Speaker 4: check on him. This is literally what the guy said. 370 00:17:40,920 --> 00:17:44,640 Speaker 3: So it seems that this detective, Henry Trey Carter's, well, 371 00:17:44,840 --> 00:17:48,119 Speaker 3: he thought that Sonny's complexion made him a better fit 372 00:17:48,200 --> 00:17:52,600 Speaker 3: for Al Qaeda than Sterling and Flint. This still wouldn't 373 00:17:52,600 --> 00:17:56,560 Speaker 3: have been acceptable if Sunny was Muslim or Arab, But 374 00:17:56,680 --> 00:18:00,800 Speaker 3: to make matters even more absurd, Sunny is an Indian 375 00:18:00,840 --> 00:18:05,199 Speaker 3: American Evangelical Christian, not a black man, as the victim 376 00:18:05,280 --> 00:18:07,040 Speaker 3: had described to this detective. 377 00:18:07,400 --> 00:18:09,800 Speaker 4: Yeah, the lead detective got arrest before my trial on 378 00:18:09,840 --> 00:18:13,080 Speaker 4: something else he had going on. The original police statement disappeared, 379 00:18:13,119 --> 00:18:15,560 Speaker 4: which before my name was put into it, the victim 380 00:18:15,600 --> 00:18:19,280 Speaker 4: description of the guy was a blackmail The photo lineups disappeared. 381 00:18:19,600 --> 00:18:24,159 Speaker 5: Trial council's whole strategy was to show the two photo 382 00:18:24,280 --> 00:18:27,720 Speaker 5: arrays where the victim identifies Sterling, Flint and one other 383 00:18:27,800 --> 00:18:30,640 Speaker 5: black man. She does a second photo array where Sterling 384 00:18:30,640 --> 00:18:32,639 Speaker 5: Flint is not a part of it, and she identifies Sonny. 385 00:18:32,720 --> 00:18:36,400 Speaker 5: He's going to show how ridiculously dissimilar these people look 386 00:18:36,440 --> 00:18:39,240 Speaker 5: and that she identified everyone, and it destroys the case. 387 00:18:39,320 --> 00:18:41,560 Speaker 5: And that's his whole plan. Well, he doesn't get the 388 00:18:41,560 --> 00:18:44,800 Speaker 5: photo arrays before trial. He expects the prosecution to show 389 00:18:44,880 --> 00:18:47,359 Speaker 5: up with the photo arrays at trial and they don't. 390 00:18:47,480 --> 00:18:49,720 Speaker 4: He's seen them, but DA doesn't have a copy of 391 00:18:49,800 --> 00:18:53,280 Speaker 4: When I was testifying the trial attorney, he stated, like 392 00:18:53,320 --> 00:18:55,800 Speaker 4: on his little ad lib starts on out of lineups, 393 00:18:55,840 --> 00:18:58,560 Speaker 4: how I was only clear a photo, that every photo 394 00:18:58,600 --> 00:19:01,240 Speaker 4: on a lineup was blurred, and they will blackmails. 395 00:19:01,560 --> 00:19:01,920 Speaker 2: He said. 396 00:19:02,080 --> 00:19:03,919 Speaker 4: He talked to the chief police at that time and 397 00:19:03,960 --> 00:19:06,399 Speaker 4: he goes chief police said that he laughed about it. 398 00:19:06,480 --> 00:19:09,440 Speaker 4: He's like, this case is nonsensical. Just the things didn't 399 00:19:09,440 --> 00:19:09,880 Speaker 4: add up. 400 00:19:10,080 --> 00:19:14,720 Speaker 5: Trial Council's whole strategy is gone. So he, with no preparation, 401 00:19:15,080 --> 00:19:18,679 Speaker 5: calls alibi witnesses to the stand, who were just thinking 402 00:19:18,680 --> 00:19:21,000 Speaker 5: they're going to court to sit in the gallery and 403 00:19:21,000 --> 00:19:24,960 Speaker 5: support Sonny. So he's calling Sonny's girlfriend, Sonny's friend to 404 00:19:25,000 --> 00:19:27,359 Speaker 5: the stand, and they're trying to remember dates and things 405 00:19:27,400 --> 00:19:29,040 Speaker 5: off the top of their heads. They're not prepared. 406 00:19:29,359 --> 00:19:33,080 Speaker 3: If you remember, Sonny and his alibi witnesses had seen 407 00:19:33,160 --> 00:19:37,359 Speaker 3: Harry Potter and The Sorcerer's Stone on November seventeenth, the 408 00:19:37,400 --> 00:19:39,399 Speaker 3: second day of its release in the US. 409 00:19:39,760 --> 00:19:41,439 Speaker 5: They get the date wrong of when they go to 410 00:19:41,480 --> 00:19:44,280 Speaker 5: the movies, Sunny's girlfriend says, we took the kids to 411 00:19:44,280 --> 00:19:46,960 Speaker 5: see the Harry Potter movie on this date. It wasn't 412 00:19:46,960 --> 00:19:49,280 Speaker 5: this other date. Well, the movie wasn't even out yet. 413 00:19:49,440 --> 00:19:52,800 Speaker 1: Misremembering this event as from a prior weekend appears to 414 00:19:52,840 --> 00:19:55,600 Speaker 1: have damaged the rest of Sonny's alibi as far as 415 00:19:55,640 --> 00:19:58,240 Speaker 1: when he picked up and dropped off the socket wrenches 416 00:19:58,280 --> 00:20:00,000 Speaker 1: with Keisha Pitts, so we know. 417 00:20:00,000 --> 00:20:01,520 Speaker 5: Oh, it's just a mix up. A's because as they 418 00:20:01,520 --> 00:20:04,200 Speaker 5: weren't prepared, because he wasn't prepared, and I think that 419 00:20:04,280 --> 00:20:06,639 Speaker 5: this case is so ridiculous. He kind of thought it 420 00:20:06,640 --> 00:20:09,840 Speaker 5: would resolve itself, but that's not an attorney strategy. You 421 00:20:09,880 --> 00:20:12,840 Speaker 5: have to be over prepared. He didn't investigate the alibi 422 00:20:12,960 --> 00:20:14,200 Speaker 5: any more than the police did. 423 00:20:14,600 --> 00:20:18,040 Speaker 3: Sunny's cell phone records would have placed him in Atlanta. 424 00:20:18,160 --> 00:20:21,480 Speaker 3: The Wendy's security cam at eleven am would have left 425 00:20:21,600 --> 00:20:25,600 Speaker 3: Sonny with insufficient time to make the four hour one 426 00:20:25,680 --> 00:20:28,800 Speaker 3: way trip to Thunderbolt in order to commit the crime 427 00:20:28,880 --> 00:20:32,160 Speaker 3: before two forty pm. And it would have been helpful 428 00:20:32,200 --> 00:20:35,160 Speaker 3: if the batting gloves had been tested for touch DNA, 429 00:20:35,200 --> 00:20:38,160 Speaker 3: but at that time testing of this nature wasn't even 430 00:20:38,280 --> 00:20:41,680 Speaker 3: being done by the Georgia Bureau of Investigation. And then 431 00:20:42,080 --> 00:20:43,600 Speaker 3: Sterling Flint took the stand. 432 00:20:44,040 --> 00:20:47,800 Speaker 5: So Sterling Flint at this time had been convicted of 433 00:20:47,840 --> 00:20:52,600 Speaker 5: committing two other burglaries in Sunny's Tahoe, daytime burglaries, very 434 00:20:52,600 --> 00:20:56,359 Speaker 5: similar crimes. He does not come prepared with the police reports, 435 00:20:56,400 --> 00:20:58,760 Speaker 5: and he thinks at the time that their open charges 436 00:20:59,119 --> 00:21:01,560 Speaker 5: against Sterling Flint. He doesn't realize he took a pleat 437 00:21:01,560 --> 00:21:04,160 Speaker 5: he's already been convicted of those. So he asked sterling 438 00:21:04,160 --> 00:21:06,720 Speaker 5: Flint on the stand, well, isn't it true that you 439 00:21:06,800 --> 00:21:10,600 Speaker 5: have these pending charges of burglaries? And sterling Flint says, no, 440 00:21:10,880 --> 00:21:13,760 Speaker 5: that's not true. They've been disposed of. Well, that's a 441 00:21:13,800 --> 00:21:15,600 Speaker 5: tricky way to say it, but yeah, he is right. 442 00:21:15,680 --> 00:21:17,560 Speaker 5: It's not true that he had pending charges. He had 443 00:21:17,600 --> 00:21:20,600 Speaker 5: convictions for similar crimes, and the attorney didn't come in 444 00:21:20,680 --> 00:21:23,639 Speaker 5: prepared to say, look, this guy was stealing things out 445 00:21:23,640 --> 00:21:25,480 Speaker 5: of people's homes in Sonny's. 446 00:21:25,119 --> 00:21:29,240 Speaker 1: Tahoe, and without all of this crucial preparation, Sonny didn't 447 00:21:29,320 --> 00:21:32,320 Speaker 1: have a chance in hell. When the victim took the stand. 448 00:21:32,400 --> 00:21:35,000 Speaker 4: When she got an oath, she goes a friend emailer 449 00:21:35,160 --> 00:21:37,760 Speaker 4: article by the crime, Yeah, color photo me in the paper. 450 00:21:37,880 --> 00:21:40,000 Speaker 4: She satisfied, and she's been looking at that photo every day. 451 00:21:40,040 --> 00:21:42,560 Speaker 4: She goes those were the eyes. I got brown eyes. 452 00:21:42,600 --> 00:21:44,840 Speaker 4: He has brown eyes. I just couldn't believe it, Like 453 00:21:44,880 --> 00:21:47,000 Speaker 4: my heart dropped because I was adamant, like she's going 454 00:21:47,040 --> 00:21:48,520 Speaker 4: to see me say hey to Saint the guy. 455 00:21:48,960 --> 00:21:52,480 Speaker 3: Add the district attorney leaned into the racism of the 456 00:21:52,560 --> 00:21:54,920 Speaker 3: time to further seal Sonny's fate. 457 00:21:55,359 --> 00:21:58,359 Speaker 4: I remember clearly being a trial to DH she goes, 458 00:21:58,480 --> 00:22:01,000 Speaker 4: am I a Muslim? And I said no, I said, 459 00:22:01,000 --> 00:22:03,080 Speaker 4: I just go to this church here. If you choose 460 00:22:03,119 --> 00:22:05,359 Speaker 4: be a Muslim, that's fine. I respect that by faith. 461 00:22:05,359 --> 00:22:08,399 Speaker 2: I'm Christian. It's like, no, you're a Muslim. And I'm like, 462 00:22:08,440 --> 00:22:11,440 Speaker 2: I'm not a Muslim. And it's on my child transcript. 463 00:22:11,520 --> 00:22:12,960 Speaker 2: She's telling me I'm a Muslim. 464 00:22:13,200 --> 00:22:15,000 Speaker 4: And you know how the jury looked at the post 465 00:22:15,080 --> 00:22:18,440 Speaker 4: ninet eleven, I get convicted and the judge said life 466 00:22:18,440 --> 00:22:19,200 Speaker 4: file parole. 467 00:22:19,680 --> 00:22:21,879 Speaker 2: That's the first of my life. My knees ever shook. 468 00:22:33,200 --> 00:22:36,600 Speaker 4: It's like you're trying to process this like this is 469 00:22:37,280 --> 00:22:39,240 Speaker 4: a nightmare that just want to stop here. I'm in 470 00:22:39,320 --> 00:22:42,040 Speaker 4: prison for something I did not do and they want 471 00:22:42,080 --> 00:22:45,520 Speaker 4: me to die. How are you supposed to process that. 472 00:22:46,600 --> 00:22:49,399 Speaker 4: You know, prison is a violence. I mean it's like 473 00:22:49,400 --> 00:22:51,040 Speaker 4: a fight of flight mode in a jungle when you 474 00:22:51,119 --> 00:22:53,720 Speaker 4: have to survive and you as like you have shape 475 00:22:53,720 --> 00:22:55,240 Speaker 4: you put in a jungle full alliance, I mean, what 476 00:22:55,240 --> 00:22:59,119 Speaker 4: are you supposed to do? I was a hate state prism, 477 00:22:59,240 --> 00:23:03,600 Speaker 4: Like two thousand five through fourteen. The captain of the 478 00:23:03,640 --> 00:23:07,320 Speaker 4: prison was putting hits on inmateson officers, so you understand, 479 00:23:07,440 --> 00:23:10,800 Speaker 4: like this is general. Not everybody knew this. Like he'd 480 00:23:10,800 --> 00:23:13,080 Speaker 4: bring like the contraband in give it to this gang. 481 00:23:13,480 --> 00:23:15,320 Speaker 4: This gang would take him off. He'd goes have this 482 00:23:15,359 --> 00:23:18,399 Speaker 4: officerc confiscated to give to another gang. And like it 483 00:23:18,560 --> 00:23:21,600 Speaker 4: was so wild. And my officer was saying they were 484 00:23:21,640 --> 00:23:24,320 Speaker 4: scared to come into dormitories because the inmates rano prison. 485 00:23:24,359 --> 00:23:27,520 Speaker 4: They would literally they might kidnap somebody from one building, 486 00:23:28,080 --> 00:23:30,840 Speaker 4: have them in another building, calling their family, threaten to 487 00:23:30,920 --> 00:23:33,480 Speaker 4: kill them if they don't send him money. So this 488 00:23:33,520 --> 00:23:36,080 Speaker 4: is the environment you're in and you gotta survive. It's 489 00:23:36,119 --> 00:23:39,119 Speaker 4: not only inmates. You have to look officers too. And 490 00:23:39,359 --> 00:23:42,800 Speaker 4: like twenty eighteen, I went in a dormitory also open 491 00:23:42,840 --> 00:23:45,040 Speaker 4: the doors. Two officers right there and a guy comes 492 00:23:45,080 --> 00:23:46,760 Speaker 4: to me on a knife about a foot long. The 493 00:23:46,840 --> 00:23:48,760 Speaker 4: oss is looking at and they got tastes on them. 494 00:23:48,760 --> 00:23:51,240 Speaker 4: They're just looking like with a mousa jar. I'm like 495 00:23:51,320 --> 00:23:53,760 Speaker 4: forty something years old. This guy's like half my age. 496 00:23:53,920 --> 00:23:55,960 Speaker 4: I can't run and so I'm trying to fight this guy, 497 00:23:56,119 --> 00:23:58,560 Speaker 4: and finally, by fluke, I pushed him and he fell 498 00:23:58,600 --> 00:24:00,240 Speaker 4: and I got on top of him. The office came, 499 00:24:00,359 --> 00:24:02,520 Speaker 4: throw me against the wall, handcuffed me, and that's when 500 00:24:02,520 --> 00:24:03,600 Speaker 4: I saw a blood all of me. 501 00:24:04,160 --> 00:24:05,600 Speaker 2: I got stabbed twelve times. 502 00:24:05,720 --> 00:24:08,240 Speaker 4: Jesus, I didn't even know i'd got stab but this 503 00:24:08,280 --> 00:24:11,840 Speaker 4: is Georgia prisons, like a life is not valued, and 504 00:24:11,920 --> 00:24:13,800 Speaker 4: I just I'm okay. I made it through that. It 505 00:24:13,840 --> 00:24:15,760 Speaker 4: was a nightmare through it all. I lost my father, 506 00:24:15,920 --> 00:24:17,960 Speaker 4: I lost people deed to me, and you see yours, 507 00:24:18,000 --> 00:24:19,800 Speaker 4: your life go by, You see your youth go by, 508 00:24:19,840 --> 00:24:21,000 Speaker 4: to prim you life go by. 509 00:24:21,640 --> 00:24:25,000 Speaker 1: Winning his freedom was an urgent matter that took just 510 00:24:25,119 --> 00:24:27,480 Speaker 1: short of twenty three long years. 511 00:24:28,040 --> 00:24:31,560 Speaker 5: In Georgia. The first step after your conviction is called 512 00:24:31,560 --> 00:24:33,960 Speaker 5: a motion for a new trial, and so it's basically 513 00:24:34,000 --> 00:24:36,080 Speaker 5: an appeal that goes back to that same court, that 514 00:24:36,160 --> 00:24:39,240 Speaker 5: same judge. So that was filed right after Sunny's conviction, 515 00:24:39,840 --> 00:24:44,080 Speaker 5: and it was amended by Sonny's appellata attorney to add 516 00:24:44,200 --> 00:24:46,560 Speaker 5: just a mountain of claims for him, and. 517 00:24:46,720 --> 00:24:50,080 Speaker 3: Many of these claims stem from the ineffectiveness of his 518 00:24:50,200 --> 00:24:53,680 Speaker 3: trial counsel. This is when the batting gloves come into play. 519 00:24:53,960 --> 00:24:59,680 Speaker 3: Let's remember Georgia Bureau of Investigation only DNA tested biological fluids. 520 00:25:00,040 --> 00:25:03,760 Speaker 3: These gloves needed touch DNA testing, meaning they needed to 521 00:25:03,840 --> 00:25:08,000 Speaker 3: lift skin cells from inside the gloves, and Sonny's appelleat 522 00:25:08,000 --> 00:25:10,360 Speaker 3: attorney got this testing approved. 523 00:25:09,920 --> 00:25:10,840 Speaker 2: In two thousand and four. 524 00:25:11,160 --> 00:25:13,040 Speaker 4: My attorney goes, hey, are you sure you want to 525 00:25:13,080 --> 00:25:15,120 Speaker 4: get DNA tested in these gloves because if he comes 526 00:25:15,119 --> 00:25:17,199 Speaker 4: back showing a shoot, that's a found nail in the coffin. 527 00:25:17,280 --> 00:25:19,440 Speaker 4: And I wrote him a letter in big words, I 528 00:25:19,480 --> 00:25:21,280 Speaker 4: am innocent, and I'm mailed it to him. 529 00:25:21,440 --> 00:25:24,479 Speaker 5: And so when Sonny's a Pellet attorney gets this super 530 00:25:24,520 --> 00:25:26,119 Speaker 5: cutting edge test and he has to send it to 531 00:25:26,119 --> 00:25:28,399 Speaker 5: a lab in California because he can't find anyone locally 532 00:25:28,520 --> 00:25:31,080 Speaker 5: that's doing it, Sonny's a Pellet attorney believes in him 533 00:25:31,119 --> 00:25:35,240 Speaker 5: so wholeheartedly he offers to forego his own pay in 534 00:25:35,280 --> 00:25:37,639 Speaker 5: the case to pay for the DNA testing, and the 535 00:25:37,680 --> 00:25:40,000 Speaker 5: court takes him up on it. He gets the DNA results. 536 00:25:40,119 --> 00:25:41,520 Speaker 5: They exclude sonny. 537 00:25:41,320 --> 00:25:43,520 Speaker 4: But also on the outside of gloves because the victim goes, 538 00:25:43,560 --> 00:25:46,280 Speaker 4: I covered the mouthfoot of gloves. He said, there's a 539 00:25:46,400 --> 00:25:49,200 Speaker 4: female DNA and outside of gloves. They got a coke 540 00:25:49,280 --> 00:25:51,960 Speaker 4: can from the victim's house. He tested in the same 541 00:25:52,200 --> 00:25:55,120 Speaker 4: female denis and coke can is on the outside of gloves. 542 00:25:55,240 --> 00:25:58,080 Speaker 4: So he recommends that for a profile the victims DNA 543 00:25:58,080 --> 00:26:00,000 Speaker 4: get taken as well as sterling flints. 544 00:26:00,080 --> 00:26:01,159 Speaker 2: The State of checks to it. 545 00:26:01,400 --> 00:26:03,760 Speaker 1: So he moves forward with the only new evidence that 546 00:26:03,800 --> 00:26:04,320 Speaker 1: he's got. 547 00:26:04,760 --> 00:26:08,680 Speaker 5: However, the way he raised the new evidence was that 548 00:26:09,080 --> 00:26:11,480 Speaker 5: the trial attorney should have gotten this test done. Well, 549 00:26:11,480 --> 00:26:14,200 Speaker 5: that's not really true. The trial attorney can't be expected 550 00:26:14,200 --> 00:26:16,240 Speaker 5: to get a test done that the Georgia lab won't 551 00:26:16,280 --> 00:26:18,560 Speaker 5: even do. He does at the end throw in like 552 00:26:19,040 --> 00:26:21,280 Speaker 5: or maybe this is new evidence. But when you raise 553 00:26:21,280 --> 00:26:22,680 Speaker 5: a new evidence claim, you have to make a really 554 00:26:22,680 --> 00:26:25,000 Speaker 5: specific showing. And he doesn't make that showing. And he 555 00:26:25,040 --> 00:26:27,120 Speaker 5: gets a hearing on this motion for a new trial, 556 00:26:27,160 --> 00:26:28,679 Speaker 5: so he gets to put some evidence on the record. 557 00:26:28,760 --> 00:26:31,280 Speaker 5: And so even though this evidence that Sonny was not 558 00:26:31,640 --> 00:26:34,120 Speaker 5: part of this crime. This DNA evidence has existed since 559 00:26:34,160 --> 00:26:36,240 Speaker 5: like two thousand and three. The way that it was 560 00:26:36,320 --> 00:26:40,119 Speaker 5: raised procedurally posed a problem. It's not the right claim 561 00:26:40,240 --> 00:26:42,560 Speaker 5: because he actually went so far above and beyond what 562 00:26:42,600 --> 00:26:44,439 Speaker 5: an attorney can be expected to do to get this 563 00:26:44,480 --> 00:26:47,159 Speaker 5: test done. So we can't say the trial council was 564 00:26:47,200 --> 00:26:48,880 Speaker 5: deficient for not doing the same thing. 565 00:26:49,200 --> 00:26:52,240 Speaker 3: The courts concluded that the attorney was not at fault, 566 00:26:52,520 --> 00:26:57,000 Speaker 3: so even though the new evidence proved Sonny's innocence, this 567 00:26:57,080 --> 00:26:57,840 Speaker 3: claim failed. 568 00:26:58,119 --> 00:27:01,840 Speaker 5: The next thing that what happens is the Appella attorney 569 00:27:02,000 --> 00:27:05,479 Speaker 5: starts partnering with the Georgia Innosonce Project around twenty eleven 570 00:27:05,600 --> 00:27:08,920 Speaker 5: to file what in Georgia is called an extraordinary motion 571 00:27:09,040 --> 00:27:12,480 Speaker 5: for new trial the post conviction litigation avenue in the 572 00:27:12,520 --> 00:27:16,320 Speaker 5: state of Georgia, where you have new evidence that was 573 00:27:16,400 --> 00:27:19,480 Speaker 5: not available to you before. And one of the bases 574 00:27:19,520 --> 00:27:22,880 Speaker 5: for this new evidence is that in twenty twelve they 575 00:27:22,880 --> 00:27:25,399 Speaker 5: were able to get a codis hit for sterling flint 576 00:27:25,480 --> 00:27:27,480 Speaker 5: on the gloves. But Matt goes up to the Supreme 577 00:27:27,480 --> 00:27:29,720 Speaker 5: Court of Georgia and they say trial council should have 578 00:27:29,760 --> 00:27:31,560 Speaker 5: gotten this test done. If you got it done a 579 00:27:31,640 --> 00:27:34,040 Speaker 5: year later, trial council should have done it without really 580 00:27:34,080 --> 00:27:36,280 Speaker 5: appreciating what he went through to get the test done. 581 00:27:36,400 --> 00:27:38,320 Speaker 4: So you hold to be accountable in two thousand and 582 00:27:38,359 --> 00:27:40,800 Speaker 4: three for a test that the crime lab didn't even 583 00:27:40,840 --> 00:27:41,840 Speaker 4: use twenty eleven. 584 00:27:42,000 --> 00:27:44,520 Speaker 1: It also kind of sounds like the reverse course on 585 00:27:44,600 --> 00:27:49,159 Speaker 1: the earlier ruling that trial council was not ineffective. Now 586 00:27:49,200 --> 00:27:52,000 Speaker 1: they're saying that trial council could have done this, but 587 00:27:52,080 --> 00:27:56,400 Speaker 1: it doesn't matter since it's procedurally barred. So after this defeat, 588 00:27:56,440 --> 00:28:00,560 Speaker 1: Sunny's attorneys needed to regroup. In the interim, at Old 589 00:28:00,800 --> 00:28:01,560 Speaker 1: did an interview. 590 00:28:01,680 --> 00:28:03,920 Speaker 4: She did an interview called Shadow of Doubt we Living 591 00:28:03,920 --> 00:28:06,639 Speaker 4: the Life on YouTube and originally the Stolen Goods. She 592 00:28:06,680 --> 00:28:09,000 Speaker 4: goes that when my boyfriend picked up from work, he 593 00:28:09,040 --> 00:28:11,480 Speaker 4: had a UHUL trailer and he had a burgeran Cobb 594 00:28:11,520 --> 00:28:13,560 Speaker 4: County involvement, an U haul trailer, and they parked the 595 00:28:13,640 --> 00:28:16,160 Speaker 4: U all trailer at her sister's house and her sister 596 00:28:16,200 --> 00:28:19,240 Speaker 4: stay a stone's throw from a victim's house. Recalls a 597 00:28:19,280 --> 00:28:21,679 Speaker 4: couple days later, says, hey, can you go to your 598 00:28:21,680 --> 00:28:23,280 Speaker 4: sister's house, go get the stuff out of you haul 599 00:28:23,320 --> 00:28:25,879 Speaker 4: and put it your house, and that's the victim stolen goods. 600 00:28:26,359 --> 00:28:28,240 Speaker 2: She covered up for a boyfriend. 601 00:28:28,320 --> 00:28:30,560 Speaker 4: And she went on TV years ago said when it 602 00:28:30,600 --> 00:28:33,280 Speaker 4: found the stuff, he told Race I brought stuff there. 603 00:28:33,280 --> 00:28:35,639 Speaker 4: So she believing what he said, told a police that. 604 00:28:35,800 --> 00:28:38,320 Speaker 4: Then the whole storyline changes. So does one police officer 605 00:28:38,360 --> 00:28:40,280 Speaker 4: telling another police officer, Hey, who's wordy? 606 00:28:40,400 --> 00:28:44,200 Speaker 3: Gonna take just one officer to another. And she said 607 00:28:44,280 --> 00:28:47,640 Speaker 3: the stolen goods came from Sonny. And then the victim 608 00:28:47,760 --> 00:28:51,520 Speaker 3: viewed another photo lineup. This one did not contain Sterling 609 00:28:51,600 --> 00:28:55,479 Speaker 3: Flint and only had one clear photo Sonnings. But it 610 00:28:55,520 --> 00:28:58,959 Speaker 3: doesn't even have to be that devious for cross racial 611 00:28:59,040 --> 00:29:03,360 Speaker 3: misidentification to occur. Consider the case of Ronald Cotton and 612 00:29:03,440 --> 00:29:04,320 Speaker 3: Jennifer Thompson. 613 00:29:04,760 --> 00:29:07,719 Speaker 4: I came across a book in twenty sixteen picking Cotton, 614 00:29:07,760 --> 00:29:09,840 Speaker 4: and it was about a guy named Ronald Cotton. Said 615 00:29:09,880 --> 00:29:12,880 Speaker 4: he was convicted of crime, he was innocent of the victim. 616 00:29:12,960 --> 00:29:15,400 Speaker 4: Jennifer Thompson said she was sure that it was him 617 00:29:15,480 --> 00:29:17,440 Speaker 4: the eyes and this, and that I could empatize with 618 00:29:17,480 --> 00:29:18,200 Speaker 4: that because of my case. 619 00:29:18,240 --> 00:29:19,360 Speaker 2: That's exactly what happened. 620 00:29:19,520 --> 00:29:23,760 Speaker 1: Recovered the case on the podcast and Jennifer Thompson was 621 00:29:23,800 --> 00:29:27,040 Speaker 1: called the perfect witness. She was sober, she was awake, 622 00:29:27,440 --> 00:29:30,680 Speaker 1: a black man broke into her home and brutally assaulted 623 00:29:30,720 --> 00:29:34,360 Speaker 1: her for twenty five minutes, and her whole being was 624 00:29:34,400 --> 00:29:38,720 Speaker 1: wrapped up. As she describes it, in studying every feature because, 625 00:29:38,720 --> 00:29:40,800 Speaker 1: as she says, I get the chills thinking about it. 626 00:29:40,840 --> 00:29:43,160 Speaker 1: If I survived, I was going to make sure that 627 00:29:43,280 --> 00:29:46,120 Speaker 1: I could identify this man so no one would ever 628 00:29:46,200 --> 00:29:49,560 Speaker 1: have to suffer the way I was. And sure enough, 629 00:29:49,680 --> 00:29:52,200 Speaker 1: they picked up mister Cotton not too long after this 630 00:29:52,400 --> 00:29:57,360 Speaker 1: horrible crime occurred, and she identified him with absolute certainty. 631 00:29:57,560 --> 00:30:00,680 Speaker 1: Of course, he was convicted, and eleven years later there 632 00:30:00,720 --> 00:30:03,160 Speaker 1: was another guy in the prison that people were talking about. 633 00:30:03,200 --> 00:30:04,840 Speaker 1: He's the one who actually committed the crime. It turned 634 00:30:04,840 --> 00:30:08,040 Speaker 1: out he looked very much like mister Cotton, and DNA 635 00:30:08,160 --> 00:30:11,200 Speaker 1: ultimately proved that he in fact was the perpetrator, and 636 00:30:11,240 --> 00:30:14,840 Speaker 1: he had gone on to commit many other horrible crimes 637 00:30:14,880 --> 00:30:16,600 Speaker 1: by the time he was arrested, and. 638 00:30:16,600 --> 00:30:20,960 Speaker 5: Just a small plug to defense attorneys and prosecutors. She 639 00:30:21,200 --> 00:30:24,480 Speaker 5: founded an organization called Healing Justice. And if you're in 640 00:30:24,520 --> 00:30:28,400 Speaker 5: a situation like this where you need to approach a 641 00:30:28,480 --> 00:30:31,040 Speaker 5: victim and you're trying not to do more harm, You're 642 00:30:31,040 --> 00:30:35,040 Speaker 5: trying not to impose more trauma. Her organization will help 643 00:30:35,080 --> 00:30:36,840 Speaker 5: you figure out how to do that the best way. 644 00:30:36,840 --> 00:30:39,240 Speaker 5: So I've used that many times, and it's so important 645 00:30:39,280 --> 00:30:42,080 Speaker 5: because this problem is not an individual's problem. It's a 646 00:30:42,120 --> 00:30:43,040 Speaker 5: systemic problem. 647 00:30:43,240 --> 00:30:45,680 Speaker 1: It's a great organization. And I'm a proud donor. And 648 00:30:45,760 --> 00:30:48,040 Speaker 1: Jennifer as one of my heroes, as is Ronald Cotton. 649 00:30:48,080 --> 00:30:51,000 Speaker 1: And important to note they became very close friends. As 650 00:30:51,040 --> 00:30:53,680 Speaker 1: they wrote picking Cotton, which is such an incredible name. 651 00:30:54,000 --> 00:30:56,920 Speaker 1: They've done sixty minutes together, They've been on wrongful conviction together. 652 00:30:57,080 --> 00:31:01,640 Speaker 1: They've toured the country giving presentations to lost students and 653 00:31:01,960 --> 00:31:05,200 Speaker 1: prosecutors and anyone that will listen to them about the 654 00:31:05,280 --> 00:31:10,000 Speaker 1: unreliability of eyewitness identification. And Sonny, if memory serves me, 655 00:31:10,120 --> 00:31:13,000 Speaker 1: she brought your case to my attention. 656 00:31:12,680 --> 00:31:15,920 Speaker 4: And yes, So I got in touch with her on 657 00:31:15,960 --> 00:31:18,600 Speaker 4: Facebook and she's like, I'm on team Sonny. 658 00:31:18,760 --> 00:31:21,080 Speaker 2: So she was my life readily for me. She's one 659 00:31:21,120 --> 00:31:23,320 Speaker 2: of my mentors. She really is. I try to hang 660 00:31:23,360 --> 00:31:24,840 Speaker 2: myself years ago. I did, I actually did. 661 00:31:24,880 --> 00:31:27,040 Speaker 4: I didn't succeed, just went through some things, but It's 662 00:31:27,080 --> 00:31:29,080 Speaker 4: like Jennifer was like one of people i'd always go 663 00:31:29,160 --> 00:31:31,080 Speaker 4: to kind of give me reality check. She was always 664 00:31:31,120 --> 00:31:32,800 Speaker 4: blunt with me and honest with me. She's like, I'm 665 00:31:32,800 --> 00:31:34,640 Speaker 4: gonna beat it the gates when you get out, and 666 00:31:34,680 --> 00:31:36,800 Speaker 4: it's like these things manifested, they really did. 667 00:31:37,040 --> 00:31:38,080 Speaker 2: She kept a word. 668 00:31:38,240 --> 00:31:39,760 Speaker 1: She's kind of like an angel. She has a very 669 00:31:39,760 --> 00:31:40,640 Speaker 1: angelus quality. 670 00:31:41,280 --> 00:31:41,680 Speaker 2: Jennifer. 671 00:31:41,720 --> 00:31:44,320 Speaker 1: If you're listening and you're blushing, you should be because 672 00:31:44,360 --> 00:31:46,959 Speaker 1: we have so much respect for you here. So okay, 673 00:31:47,000 --> 00:31:50,120 Speaker 1: So then along comes through other angel, Olivia. 674 00:31:50,440 --> 00:31:50,640 Speaker 4: Right. 675 00:31:51,200 --> 00:31:54,320 Speaker 5: I was working for the Georgia Innocence Project. Sonny was 676 00:31:54,320 --> 00:31:56,880 Speaker 5: my first client. So even after I left the Georgia 677 00:31:56,960 --> 00:31:59,600 Speaker 5: Ennosonce project. It's always hard to leave a job, leave 678 00:31:59,640 --> 00:32:01,760 Speaker 5: your case, but I couldn't leave Sonny. So I have 679 00:32:01,840 --> 00:32:04,280 Speaker 5: stayed with him as pro bono council for the past 680 00:32:04,360 --> 00:32:07,680 Speaker 5: three years. And so when we filed an amended habeas 681 00:32:07,680 --> 00:32:10,360 Speaker 5: petition in twenty twenty two, all of our claims they 682 00:32:10,360 --> 00:32:13,760 Speaker 5: were all based on ineffective assistance of appellate Council for 683 00:32:13,840 --> 00:32:16,400 Speaker 5: the way he raised the claims. And I want to 684 00:32:16,440 --> 00:32:20,040 Speaker 5: just be really clear, ineffective assistance of council doesn't mean 685 00:32:20,120 --> 00:32:24,480 Speaker 5: bad attorney. This appellate Council did an amazing job getting 686 00:32:24,480 --> 00:32:29,320 Speaker 5: the DNA, very vigorous advocate, and still it was constitutionally defective. 687 00:32:29,520 --> 00:32:32,600 Speaker 5: So we were granted an evidentiary hearing in the middle 688 00:32:32,640 --> 00:32:35,240 Speaker 5: of twenty twenty three where we put all this evidence 689 00:32:35,280 --> 00:32:39,040 Speaker 5: on the record that finally clarified what these procedural mistakes were. 690 00:32:39,320 --> 00:32:42,200 Speaker 5: And Sunny's appellat attorney was very helpful at the hearing. 691 00:32:42,320 --> 00:32:44,960 Speaker 5: He explained that he just made a lot of mistakes. 692 00:32:45,280 --> 00:32:49,480 Speaker 1: In addition, many witnesses testified in support of Sonny's innocence claim, 693 00:32:49,720 --> 00:32:51,520 Speaker 1: including Ashley Dold. 694 00:32:51,920 --> 00:32:53,880 Speaker 2: She testified that I wasn't there. 695 00:32:54,040 --> 00:32:56,479 Speaker 4: My ex girlfriend test fied the one who got confused 696 00:32:56,520 --> 00:32:58,800 Speaker 4: at trial, and one of my witnesses died over the. 697 00:32:58,800 --> 00:33:02,520 Speaker 3: Years, that was Kisha Pitts. But her husband Ray Shawan 698 00:33:02,600 --> 00:33:04,000 Speaker 3: took the stand in hestead. 699 00:33:04,360 --> 00:33:06,520 Speaker 4: He said he remembers I called him that morning asked 700 00:33:06,560 --> 00:33:09,160 Speaker 4: I pick of soakkasent from his house, and Kesha called 701 00:33:09,200 --> 00:33:11,080 Speaker 4: him and he's like, Sonny came picked it up, and 702 00:33:11,120 --> 00:33:13,480 Speaker 4: then when I came back that evening she called to 703 00:33:13,560 --> 00:33:14,680 Speaker 4: Sonny dropped the stuff off. 704 00:33:14,920 --> 00:33:17,800 Speaker 1: And this established a timeframe which made it impossible for 705 00:33:17,840 --> 00:33:21,120 Speaker 1: an eight hour round trip to Thunderbolt, Georgia, a timeframe 706 00:33:21,200 --> 00:33:24,720 Speaker 1: that your trial counsel didn't prepare enough to even do 707 00:33:24,920 --> 00:33:27,440 Speaker 1: a rudimentary job of laying it out. 708 00:33:27,560 --> 00:33:30,440 Speaker 5: And I will say that trial attorney did testify and 709 00:33:30,560 --> 00:33:33,840 Speaker 5: he wept on the stand. He told us he thinks 710 00:33:33,840 --> 00:33:35,840 Speaker 5: about Sonny all the time. This case keeps him up 711 00:33:35,840 --> 00:33:38,680 Speaker 5: at night. He always believed in Sonny. He just was 712 00:33:38,880 --> 00:33:43,240 Speaker 5: so overconfident because the case was so ridiculous and had 713 00:33:43,240 --> 00:33:45,840 Speaker 5: a lot of regret. But of course we can't not 714 00:33:45,960 --> 00:33:49,000 Speaker 5: prepare just because the case is ridiculous. And in twenty 715 00:33:49,040 --> 00:33:53,240 Speaker 5: twenty four, Judge Tate out of Gwinnett County granted Sonny's 716 00:33:53,560 --> 00:33:56,560 Speaker 5: habeas petition, which was not appealed by the Attorney General, 717 00:33:56,720 --> 00:33:58,000 Speaker 5: so that overturned his conviction. 718 00:33:58,480 --> 00:34:02,200 Speaker 3: Sonny was transferred to jail prior to his release, but 719 00:34:02,440 --> 00:34:06,480 Speaker 3: the date of his actual release still remained unclear. 720 00:34:06,960 --> 00:34:09,319 Speaker 5: That morning, I was like, look, the paperwork's not done. 721 00:34:09,400 --> 00:34:11,319 Speaker 5: I don't know when you're getting out. We didn't think 722 00:34:11,320 --> 00:34:12,120 Speaker 5: he was getting out. 723 00:34:11,960 --> 00:34:13,319 Speaker 2: That day I was in a county jail. 724 00:34:13,320 --> 00:34:16,640 Speaker 4: But remember I go up to intake and she told 725 00:34:16,760 --> 00:34:19,279 Speaker 4: officer like gave my property and stuff. So I had 726 00:34:19,360 --> 00:34:22,400 Speaker 4: certain books like Long Walked, Freedom of my Bible, some 727 00:34:22,480 --> 00:34:25,279 Speaker 4: letters I kept over the years, and these things meant 728 00:34:25,320 --> 00:34:26,839 Speaker 4: something to me. So they're like in a little clear 729 00:34:26,960 --> 00:34:30,279 Speaker 4: trash bag. So she tells us to dress me out. 730 00:34:30,400 --> 00:34:32,400 Speaker 4: So I'm still like the reality is not sitting in, 731 00:34:32,520 --> 00:34:34,640 Speaker 4: like something's gonna happen, Like they're gonna say, hey, we're 732 00:34:34,640 --> 00:34:36,759 Speaker 4: making a mistake of something. She told me like, hey, 733 00:34:36,760 --> 00:34:38,160 Speaker 4: you got to go out this door. So when I 734 00:34:38,160 --> 00:34:40,479 Speaker 4: pressed the button, the door open, it's a parking lot. 735 00:34:40,560 --> 00:34:43,400 Speaker 4: So it's me, this trash bag of books and a 736 00:34:43,400 --> 00:34:44,240 Speaker 4: parking lot. 737 00:34:44,680 --> 00:34:45,680 Speaker 2: So I run. 738 00:34:45,760 --> 00:34:48,360 Speaker 4: I forrest gumped at that guy was running out the 739 00:34:48,440 --> 00:34:51,120 Speaker 4: drunning down his driveway. That's how I was running. I 740 00:34:51,120 --> 00:34:53,360 Speaker 4: didn't know where I was going. I was just running. 741 00:34:53,719 --> 00:34:55,440 Speaker 4: I said, I got to get on the phone, somebody 742 00:34:55,480 --> 00:34:58,520 Speaker 4: to call Olivia. So I ran one way and it's 743 00:34:58,560 --> 00:35:00,320 Speaker 4: like a concrete plant. I'm like, what this is the 744 00:35:00,320 --> 00:35:02,759 Speaker 4: wrong way. Then I'm running along a tree line, so 745 00:35:02,920 --> 00:35:05,320 Speaker 4: I'm like looking back, saying, hey, they might realize we 746 00:35:05,360 --> 00:35:05,920 Speaker 4: made a mistake. 747 00:35:06,000 --> 00:35:09,080 Speaker 2: Lay this guy out. So I keep looking back every second. Paranol. 748 00:35:09,160 --> 00:35:12,200 Speaker 4: My bag of books is like coming apart, like holes 749 00:35:12,239 --> 00:35:13,920 Speaker 4: in it, and I'm trying to hold these books together. 750 00:35:14,360 --> 00:35:17,040 Speaker 4: And finally I get to this little place and I'm 751 00:35:17,080 --> 00:35:18,960 Speaker 4: like yelling, cause somebody help me. And a guy's like, 752 00:35:18,960 --> 00:35:20,279 Speaker 4: how can I help you. I said, Hey, my name 753 00:35:20,320 --> 00:35:21,719 Speaker 4: is Sonny Barata. You can google me. 754 00:35:22,160 --> 00:35:23,920 Speaker 2: They just let me out of jail. I was innocent. 755 00:35:23,960 --> 00:35:26,520 Speaker 4: I've been in prison twenty something years. I just need 756 00:35:26,520 --> 00:35:28,719 Speaker 4: to call him, my attorney, so to come get me in. 757 00:35:29,320 --> 00:35:31,720 Speaker 4: He's like, what's the phone number? Sort of laughing, he cold. 758 00:35:31,560 --> 00:35:33,600 Speaker 5: And then I get this random number call and I 759 00:35:33,680 --> 00:35:35,440 Speaker 5: know it's Sonny, and I pick up the phone and 760 00:35:35,480 --> 00:35:37,160 Speaker 5: he said, they let me out. They let me out, 761 00:35:37,160 --> 00:35:38,560 Speaker 5: They let me out. I don't know where I am. 762 00:35:39,239 --> 00:35:42,120 Speaker 5: And then a man gets on the phone, gives me 763 00:35:42,200 --> 00:35:44,239 Speaker 5: the address and hangs up on me. And that's it. 764 00:35:44,239 --> 00:35:46,840 Speaker 5: That's all the information I get. I passed the information 765 00:35:46,920 --> 00:35:48,960 Speaker 5: along to someone closer and she said, why is he 766 00:35:49,000 --> 00:35:50,520 Speaker 5: at this address? And I was like, I don't know. 767 00:35:51,080 --> 00:35:53,319 Speaker 4: And by the time I got home, Oliviy was at 768 00:35:53,320 --> 00:35:56,440 Speaker 4: my mother's house. Came from Detroit, and Jennifer Thompson came 769 00:35:56,480 --> 00:35:59,440 Speaker 4: from Chapel Hill. She was at my mom's house. Amazing 770 00:35:59,560 --> 00:36:00,880 Speaker 4: so I was like, it's such a highlight, just like 771 00:36:00,960 --> 00:36:03,719 Speaker 4: a mount top experience. The last couple of months, I mean, 772 00:36:03,920 --> 00:36:05,960 Speaker 4: just trying to find my place right now, it's still 773 00:36:06,040 --> 00:36:08,280 Speaker 4: hard to process at all. I don't understand a purpose 774 00:36:08,480 --> 00:36:10,000 Speaker 4: why I went through it, but it's like at the 775 00:36:10,080 --> 00:36:12,800 Speaker 4: same time, I like to help people. Me and Jennifer 776 00:36:12,840 --> 00:36:14,719 Speaker 4: Thompson talked about it, and she was like, maybe I 777 00:36:14,719 --> 00:36:16,920 Speaker 4: could start some time Healing Justice thing in Georgia. So 778 00:36:17,160 --> 00:36:19,799 Speaker 4: that's maybe one thing I'm looking at. But I had 779 00:36:19,840 --> 00:36:22,239 Speaker 4: not imporous of having a voice because so many years 780 00:36:22,239 --> 00:36:24,560 Speaker 4: I didn't have a voice, and I have a voice now, 781 00:36:24,640 --> 00:36:26,319 Speaker 4: so I want to use my voice to help people 782 00:36:26,360 --> 00:36:27,200 Speaker 4: that don't have a voice. 783 00:36:27,520 --> 00:36:30,160 Speaker 1: If anyone would like to talk to Sunny about public speaking, 784 00:36:30,200 --> 00:36:32,640 Speaker 1: and I really hope you will, then we're going to 785 00:36:32,719 --> 00:36:35,440 Speaker 1: link his instagram in the episode description so you can 786 00:36:35,480 --> 00:36:39,400 Speaker 1: reach out. And Sunday's Instagram is at sun B nineteen 787 00:36:39,480 --> 00:36:42,080 Speaker 1: forty four. I'm gonna spell it out. That's so and 788 00:36:42,560 --> 00:36:47,239 Speaker 1: letter B like Sunny Varietia So son B nineteen forty four. 789 00:36:47,440 --> 00:36:49,480 Speaker 1: We're also going to link to Healing Justice and the 790 00:36:49,520 --> 00:36:52,560 Speaker 1: episode that Jennifer Thompson and Ronald Cotton did together. 791 00:36:52,840 --> 00:36:57,160 Speaker 3: And since the recording of this interview, on May sixteenth, 792 00:36:57,320 --> 00:37:01,719 Speaker 3: twenty twenty five, Sunny's charges were officially dismissed. 793 00:37:02,280 --> 00:37:05,680 Speaker 4: The feeling itself was exhilarating. I mean, I've never had 794 00:37:05,719 --> 00:37:09,040 Speaker 4: a feeling like that. It's like, I'll wait off you 795 00:37:09,840 --> 00:37:13,880 Speaker 4: and Jennifer Thompson of Healing Justice was there, my attorney 796 00:37:14,160 --> 00:37:19,600 Speaker 4: Olivia Vigiletti, Christina Cribs, Noah Pines, and the George Andoson's project, 797 00:37:19,800 --> 00:37:22,920 Speaker 4: and my mom and it was just amazing because I 798 00:37:22,920 --> 00:37:25,240 Speaker 4: couldn't have made it in this journey about these people. 799 00:37:25,760 --> 00:37:28,440 Speaker 4: After my dismissal, they had like a little pot luck 800 00:37:28,520 --> 00:37:31,399 Speaker 4: type party and my Girlfriendjoe down to Florida, so I've 801 00:37:31,400 --> 00:37:34,200 Speaker 4: been at Panama City Beach since Sunday and needed this 802 00:37:34,560 --> 00:37:35,480 Speaker 4: much needed. 803 00:37:36,200 --> 00:37:38,800 Speaker 3: We were all so happy for you, while of course 804 00:37:38,880 --> 00:37:42,000 Speaker 3: wishing that this never happened in the first place. 805 00:37:42,640 --> 00:37:44,560 Speaker 1: And with that, we're going to go to closing arguments 806 00:37:44,560 --> 00:37:48,400 Speaker 1: where first I think we thank both of you for 807 00:37:48,520 --> 00:37:53,160 Speaker 1: joining us, and then I'm just gonna turn my microphone 808 00:37:53,160 --> 00:37:56,080 Speaker 1: off with my headphones on and just kicked back in 809 00:37:56,120 --> 00:37:58,880 Speaker 1: my chair and listen for you to share anything you 810 00:37:58,920 --> 00:38:01,840 Speaker 1: feel is left to be said, We're going to start 811 00:38:01,880 --> 00:38:04,839 Speaker 1: with Olivia and then Sonny, you take us off into 812 00:38:04,840 --> 00:38:05,400 Speaker 1: the sunset. 813 00:38:06,160 --> 00:38:09,200 Speaker 5: Wow, that is fun, and I feel very put on 814 00:38:09,239 --> 00:38:12,240 Speaker 5: the spot. I would like to tell a story of Sonny, 815 00:38:12,239 --> 00:38:15,760 Speaker 5: because it's of course never a requirement that your client 816 00:38:15,840 --> 00:38:20,800 Speaker 5: be exceptional and incredible. But Sonny has been lead counsel 817 00:38:20,880 --> 00:38:23,839 Speaker 5: on this case his entire life, and the whole time 818 00:38:23,880 --> 00:38:26,200 Speaker 5: he's been fighting this and has taught me a lot 819 00:38:26,200 --> 00:38:29,040 Speaker 5: of things at every turn. And we were talking one time, 820 00:38:29,600 --> 00:38:31,879 Speaker 5: kind of dreaming about the day Sonny might get out 821 00:38:31,920 --> 00:38:35,000 Speaker 5: of prison, and I asked him how he was preparing 822 00:38:35,120 --> 00:38:38,360 Speaker 5: to transition back into the world, and he told me 823 00:38:38,760 --> 00:38:41,319 Speaker 5: something that I thought was really random at first, but 824 00:38:41,480 --> 00:38:43,480 Speaker 5: connected it back. He said, do you remember in the 825 00:38:43,560 --> 00:38:45,920 Speaker 5: nineties when they would always show the oil spills on 826 00:38:45,960 --> 00:38:48,719 Speaker 5: TV and you'd always see like oil covered pictures of 827 00:38:48,800 --> 00:38:50,520 Speaker 5: ducks and stuff. But then they show that like you 828 00:38:50,600 --> 00:38:52,480 Speaker 5: just wipe them down with some dawn and then they're 829 00:38:52,520 --> 00:38:54,800 Speaker 5: okay after you clean them up. But if the oil 830 00:38:54,880 --> 00:38:57,880 Speaker 5: gets into the animal's body, things get really bad and 831 00:38:57,920 --> 00:39:00,120 Speaker 5: you die instantly. And he was like, that's been my 832 00:39:00,480 --> 00:39:02,920 Speaker 5: task here in prison the entire time. I am in 833 00:39:02,960 --> 00:39:05,839 Speaker 5: this environment, but it is not inside of me. And 834 00:39:05,880 --> 00:39:08,560 Speaker 5: so from here until I'm out, I just have to 835 00:39:08,680 --> 00:39:11,920 Speaker 5: keep myself fortified and know that although it is all 836 00:39:11,960 --> 00:39:14,160 Speaker 5: around me, I can clean this off and it's gonna 837 00:39:14,200 --> 00:39:16,120 Speaker 5: be okay. It's not inside of me, so I'm not 838 00:39:16,160 --> 00:39:16,760 Speaker 5: gonna die. 839 00:39:17,719 --> 00:39:19,920 Speaker 4: All I can say is that I'm grateful and humbled 840 00:39:19,960 --> 00:39:22,400 Speaker 4: because when you're in prison, lifeile, parole, and it's like 841 00:39:22,440 --> 00:39:25,560 Speaker 4: you're fighting with hope and it's hard, and you see 842 00:39:25,560 --> 00:39:28,680 Speaker 4: people with serious crimes that are guilty, that don't have 843 00:39:28,719 --> 00:39:31,319 Speaker 4: no remorse getting out doing less time than. 844 00:39:31,239 --> 00:39:33,400 Speaker 2: You and have a sentence to dine in prison. 845 00:39:33,560 --> 00:39:36,000 Speaker 4: And I just didn't think the day would come. I 846 00:39:36,040 --> 00:39:38,759 Speaker 4: lost my twenties, my thirties, my forties, I'm fifty years old. 847 00:39:38,920 --> 00:39:41,560 Speaker 4: But I have great people in my life and the 848 00:39:41,640 --> 00:39:43,920 Speaker 4: last six months and like being like a roller coaster 849 00:39:43,960 --> 00:39:46,480 Speaker 4: to me. And I was speaking to one of my 850 00:39:46,719 --> 00:39:49,960 Speaker 4: old attorneys, the one that got the DNA test, Mapple attorneys, like, Sonny, 851 00:39:49,960 --> 00:39:52,600 Speaker 4: you know what what kept you going all these years 852 00:39:52,640 --> 00:39:54,880 Speaker 4: in prison? Because it's two thousand and three years, like 853 00:39:54,880 --> 00:39:57,359 Speaker 4: my attorney, it's like, hope, Sonny, I used to talk 854 00:39:57,360 --> 00:39:59,399 Speaker 4: to you all the time, hope kept you and I said, 855 00:39:59,440 --> 00:40:01,680 Speaker 4: you know what, right, And so no matter how dark 856 00:40:01,719 --> 00:40:05,000 Speaker 4: things get in life, you gotta have hope. And that's 857 00:40:05,000 --> 00:40:07,360 Speaker 4: what pulled me through. Those are tools I'm using in 858 00:40:07,400 --> 00:40:09,279 Speaker 4: my life that are helping me and propelling me to 859 00:40:09,280 --> 00:40:09,720 Speaker 4: my future. 860 00:40:09,719 --> 00:40:11,640 Speaker 2: And that's what I'm gonna do. And I'm just content 861 00:40:11,719 --> 00:40:12,160 Speaker 2: and I'm. 862 00:40:12,040 --> 00:40:15,239 Speaker 4: Just thankful and grateful that chapter my life is over with. 863 00:40:15,320 --> 00:40:19,040 Speaker 4: And next chapter, next half the story book of my life, 864 00:40:19,440 --> 00:40:21,440 Speaker 4: it's a different story. I can rewrite the ending and 865 00:40:21,480 --> 00:40:22,359 Speaker 4: that's what I'm doing now. 866 00:40:27,760 --> 00:40:30,360 Speaker 1: Thank you for listening to Wrongful Conviction. You can listen 867 00:40:30,400 --> 00:40:32,799 Speaker 1: to this and all the Lava for Good podcasts one 868 00:40:32,800 --> 00:40:35,799 Speaker 1: week early and ad free by subscribing to Lava for 869 00:40:35,880 --> 00:40:38,680 Speaker 1: Good Plus on Apple Podcasts. I want to thank our 870 00:40:38,680 --> 00:40:41,839 Speaker 1: production team, Connor Hall and Kathleen Fink, as well as 871 00:40:41,840 --> 00:40:45,680 Speaker 1: my fellow executive producers Jeff Kempler, Kevin Wartis, and Jeff Cliber. 872 00:40:45,760 --> 00:40:47,879 Speaker 1: The music in this production was supplied by three time 873 00:40:47,920 --> 00:40:51,000 Speaker 1: OSCAR nominated composer Jay Ralph. Be sure to follow us 874 00:40:51,040 --> 00:40:53,920 Speaker 1: across all social media platforms at Lava for Good and 875 00:40:54,160 --> 00:40:57,120 Speaker 1: at Wrongful Conviction. You can also follow me on Instagram 876 00:40:57,160 --> 00:41:00,359 Speaker 1: at it's Jason Flamm. Wrongful Conviction is a production Lava 877 00:41:00,400 --> 00:41:03,719 Speaker 1: for Good Podcasts and association with Signal Company Number One. 878 00:41:03,840 --> 00:41:06,280 Speaker 2: We have worked hard to ensure that all facts reported 879 00:41:06,280 --> 00:41:07,600 Speaker 2: in this show are accurate. 880 00:41:07,680 --> 00:41:10,400 Speaker 4: The views and opinions expressed by the individuals featured in 881 00:41:10,440 --> 00:41:13,120 Speaker 4: this show are their own and do not necessarily reflect 882 00:41:13,160 --> 00:41:14,359 Speaker 4: those of Lava for Good