WEBVTT - #497 Jason Flom with Jerry Mark

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<v Speaker 1>On November one, nineteen seventy five, Leslie and Georgine Mark

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<v Speaker 1>and their two young children were discovered fatally shot in

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<v Speaker 1>their Iowa farmhouse. The extended family was notified immediately, except

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<v Speaker 1>for Leslie's older brother, Jerry, who was on a motorcycle

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<v Speaker 1>ride that took him from California to at least as

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<v Speaker 1>far as Nebraska, but a few inconsistencies about the first

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<v Speaker 1>two days of his journey led authorities to doubt his alibi.

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<v Speaker 1>They theorized that he'd set out for the family farmhouse

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<v Speaker 1>in Cedar Falls, Iowa, to exact revenge for losing his

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<v Speaker 1>stake in the family farm to his younger brother, and

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<v Speaker 1>despite evidence to the contrary, the state produced enough circumstantial

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<v Speaker 1>evidence and junk science to convince a Jerry this is

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<v Speaker 1>wrongful conviction. You're listening to Wrongful Conviction. You can listen

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<v Speaker 1>to this and all the Lava for Good podcasts one

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<v Speaker 1>week early and ad free by subscribing to Lava for

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<v Speaker 1>Good Plus on Apple Podcasts. Welcome back to Wrongful Conviction,

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<v Speaker 1>where we have a case that pitted brother against brother

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<v Speaker 1>and a canaan able type of clash. When it turns

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<v Speaker 1>out that there were at least two other motivated parties,

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<v Speaker 1>none of whom were our guests today. And our guest

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<v Speaker 1>today is calling in from an Iowa correctional facility. Jerry Mark.

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<v Speaker 1>Welcome to Wrongful Conviction. I'm sorry you're here, but we're

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<v Speaker 1>very honored to have you.

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<v Speaker 2>Thank you now to.

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<v Speaker 1>Help explain what happened way back in nineteen seventy five

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<v Speaker 1>and ever since. Erica Nichols Cook, who heads up the

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<v Speaker 1>Wrongful Conviction Unit for the Iowa Public Defender's Office, thanks

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<v Speaker 1>for doing this with us today.

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<v Speaker 3>Of course, thank you for having me now.

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<v Speaker 1>Jerry's backstory is kind of epically. It's like a movie.

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<v Speaker 1>He's going to be eighty two in January twenty twenty five,

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<v Speaker 1>so when this happened back in nineteen seventy five, he

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<v Speaker 1>was thirty two, and by that age he'd already lived

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<v Speaker 1>the hell of a life.

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<v Speaker 2>I was the second born of four brothers. My older

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<v Speaker 2>brother was Richard. My name is Jerry Allen Mark. Next

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<v Speaker 2>younger is Thomas, and then the youngest of all is

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<v Speaker 2>Leslie Wayne Mark. Mom and dad on day two hundred

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<v Speaker 2>Digger farm in northeast Iowa. We lived in a huge

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<v Speaker 2>seventeen eighteen room farmhouse. It had been built for very

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<v Speaker 2>large families and previous generations of the Mark family. So

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<v Speaker 2>I grew up on a farm. And the person that

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<v Speaker 2>I was accused of murdering and his family was my

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<v Speaker 2>youngest brother, Less, who was seven years younger than me,

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<v Speaker 2>and I was his mentor, and I kind of taught

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<v Speaker 2>him out to do all the farm chores. Dad was

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<v Speaker 2>away a lot because Dad switched over from being a

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<v Speaker 2>farmer to being a real estate broker.

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<v Speaker 3>Today farming more corporate right, And Wayne was a pioneer

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<v Speaker 3>in that he was buying smaller farms and amassing thousands

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<v Speaker 3>of acres, and he wasn't always well liked. In fact,

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<v Speaker 3>he and an attorney in town, a friend. They had

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<v Speaker 3>a corporation called vy Vim, and they would use it

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<v Speaker 3>to make purchases of farmland for people who didn't want

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<v Speaker 3>to sell to Wayne.

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<v Speaker 2>These would be widows whose husbands had died and left

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<v Speaker 2>them a farm, and the farms were worth a lot

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<v Speaker 2>more than the old ladies realized, and the attorneys could

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<v Speaker 2>persuade the class to sell the farm a straw buyer

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<v Speaker 2>with either farm. One farm we found out they sold

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<v Speaker 2>for two hundred and fifty thousand bucks, and then a

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<v Speaker 2>few months later turned around the straw purchaser resold the

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<v Speaker 2>farm for seven hundred and fifty thousand, so they made

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<v Speaker 2>half a million dollars on just one farm transaction.

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<v Speaker 1>It appears that the rest of the Mark family was

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<v Speaker 1>unaware of these crooked dealings. In fact, Jerry had planned

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<v Speaker 1>to join his dad's partners after law school, but first

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<v Speaker 1>he joined the Peace Corps.

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<v Speaker 2>Which was a response to President John Kennedy. He brought

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<v Speaker 2>out these feelings of paid tritism and service in people

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<v Speaker 2>like me, and so I went to Brazil for two

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<v Speaker 2>years in nineteen sixty two and sixty three.

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<v Speaker 3>He's the first class in the Peace Corps and so

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<v Speaker 3>with his farming background, he's placed in rural Brazil, where

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<v Speaker 3>he meets the Bleistra family and he becomes friends with

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<v Speaker 3>Renato Blestra. Renato's dad is like the mayor. Jerry ends

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<v Speaker 3>up staying with Renato. They become very close. When Jerry's

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<v Speaker 3>time is up in the Peace Corps, he returns home

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<v Speaker 3>and then gets a visa for Renato to live in

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<v Speaker 3>Cedar Fall. It's with the Mark family. Jerry actually goes

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<v Speaker 3>back to school to finish college and then gone to

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<v Speaker 3>law school and Renato stays with Wayne and Dorothy on

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<v Speaker 3>the farm. He gets his pilot license and goes to Vietnam.

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<v Speaker 1>So while Renato served in the US military, gaining a

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<v Speaker 1>path to the US citizenship, Jerry was able to go

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<v Speaker 1>a different path. Before the draft was reinstated, he joined

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<v Speaker 1>the Navy, but he refused an officer commission for another

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<v Speaker 1>role at home.

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<v Speaker 2>I strongly opposed that war. Two of my very dearest

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<v Speaker 2>friends volunteered to go to Vietnam, so we were patriotic.

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<v Speaker 2>It was just kind of accidental that I learned enough

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<v Speaker 2>about the Vietnamese independence movement to understand that we were

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<v Speaker 2>on the wrong side of that, and I found myself

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<v Speaker 2>drawn into the civil rights movement here in the United States.

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<v Speaker 2>In the summer of sixty four, I volunteered to be

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<v Speaker 2>the fundraiser for James Jackson, and first African American elector

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<v Speaker 2>to the Arwood Legislature in modern times.

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<v Speaker 1>So through college and law school, Jerry was engaged in

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<v Speaker 1>politics and the anti war movement, and in nineteen sixty

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<v Speaker 1>eight he and his wife Rebecca were Iowa delegates for

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<v Speaker 1>Bobby Kennedy before his assassination, which in turn ushered in

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<v Speaker 1>Richard Nixon and the war escalated, while Jerry joined the

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<v Speaker 1>Legal Aid Society to protect the Indigenous as well as

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<v Speaker 1>those who were pro so rights and opposed to the war.

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<v Speaker 2>By this time, I have already had a reputation as

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<v Speaker 2>a radical attorney, and I was playing right into their images.

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<v Speaker 2>I guess I had long red hair and a red

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<v Speaker 2>beard living in Berkeley. I had become such an anti

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<v Speaker 2>war fanatic that my wife had basically given me an ultimatum.

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<v Speaker 2>I had to settle down and have a normal family

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<v Speaker 2>life somewhere, or she wanted a separation. We had two

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<v Speaker 2>little girls, and I just didn't take it seriously enough.

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<v Speaker 1>Jerry and Rebecca divorced and shared custody of their girls,

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<v Speaker 1>and soon Jerry met somebody knew, a neighbor of his

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<v Speaker 1>at a Berkeley, California trailer park named Mimi, who was

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<v Speaker 1>also divorcing her husband, Alga Forrest, and in the spring

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<v Speaker 1>of seventy five, the new couple returned to Cedar Falls

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<v Speaker 1>with the girls to visit Jerry's ailing father and to

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<v Speaker 1>discuss the future of the farmhouse.

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<v Speaker 2>I was very assertive toward Dad, and I finally got

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<v Speaker 2>Dad to promise me that in the early part of

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<v Speaker 2>summer that he would make the move. That Mom already

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<v Speaker 2>had picked out a home nearby for them to move into,

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<v Speaker 2>so a Lesson Georgian could move into the farmhouse.

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<v Speaker 1>So, despite advocating for his brother, the state later used

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<v Speaker 1>Alga Forrest to argue that Jerry killed Less and his

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<v Speaker 1>family over Less inheriting the farm, all while ignoring both

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<v Speaker 1>the victims of Wayne Mark's crooked real estate dealings as

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<v Speaker 1>well as the powerful enemies that were Naobo Lestra had made.

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<v Speaker 3>In the early seventies, Renato had some problems with his

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<v Speaker 3>pilot license here and that's when he took a job

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<v Speaker 3>flying drugs from Paraguay to Miami. He is one of

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<v Speaker 3>the pilots with Caesar Bianki and he turned state evidence

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<v Speaker 3>and he testifies in New York and federal court against

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<v Speaker 3>August Record and Caesar Bianki. Wayne posted Renato's bond. Renato

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<v Speaker 3>stayed with Wayne and Dorothy while he was on bond

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<v Speaker 3>before he had to go back and testify. And there

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<v Speaker 3>was also several August Record and Caesar Bianki co defendants

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<v Speaker 3>who escaped from the Federal Detention Center in New York

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<v Speaker 3>and are never accounted for they were part of the

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<v Speaker 3>enforcers of that cartel.

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<v Speaker 1>So by Halloween nineteen seventy five, Wayne, Dorothy, and Renato

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<v Speaker 1>were all out of the farmhouse, inadvertently leaving Less and

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<v Speaker 1>his family in harm's way. Meanwhile, Jerry was struggling with

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<v Speaker 1>the idea of jumping into a new marriage with Mimi.

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<v Speaker 2>So I had basically said to her, I need to

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<v Speaker 2>take off for a week or so and spend some

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<v Speaker 2>time by myself. I wanted to do some introspection. I

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<v Speaker 2>had recently bought a motorcycle, and my attention was to

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<v Speaker 2>go south in southern California rather than come east and

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<v Speaker 2>then being on the road, I had encountered people, and

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<v Speaker 2>I had actually picked up a girl, Aytoker along the way.

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<v Speaker 1>Her name was Ginger, and she was heading east. So

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<v Speaker 1>they hopped on I eighty on Wednesday, October twenty ninth,

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<v Speaker 1>nineteen seventy five. Despite some mutual attraction, Jerry claims that

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<v Speaker 1>he remained faithful to Mimi, and Ginger took off in Cheyenne,

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<v Speaker 1>Wyoming on Thursday evening, at which point Jerry intended to

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<v Speaker 1>head back to Berkeley and try.

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<v Speaker 2>To get back over the Continental Divide. A Thursday night,

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<v Speaker 2>it was so cold and it snowed a little bit

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<v Speaker 2>that I couldn't make it. I actually spent a lot

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<v Speaker 2>of early morning hours during Thursday night Friday morning at

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<v Speaker 2>restaurants and cafes. Anyway, I decided I would come down

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<v Speaker 2>to a lower altitude in western Nebraska, camp out, rest up,

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<v Speaker 2>then get a hold of my body renowned till the

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<v Speaker 2>next day. He had a general aviation business in eastern Nebraska,

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<v Speaker 2>so he could have my motorcycle ship back to California

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<v Speaker 2>and fly me back to California. So Friday night, that's

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<v Speaker 2>when I camped at the first rest area at a

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<v Speaker 2>lower altitude down in Nebraska.

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<v Speaker 1>The rest area was in Chapel, Nebraska, about a nine

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<v Speaker 1>hour ride from Cedar Falls, Iowa, where Less and his

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<v Speaker 1>family were murdered at some time during that night.

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<v Speaker 3>So October thirty first, nineteen seventy five, it is Halloween

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<v Speaker 3>and it is also harvest, so at the Mark family

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<v Speaker 3>farm there's a lot of people in and out. So

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<v Speaker 3>this night Less is seen pretty late at night. Victor

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<v Speaker 3>is there, the uncle who's helping with harvest, and he

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<v Speaker 3>goes home. Everything is fine. A trooper drives by, who

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<v Speaker 3>knows Less from the Army National Guard. He sees lights on,

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<v Speaker 3>he goes to a call. He comes back, gets like

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<v Speaker 3>one am. The lights are off.

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<v Speaker 1>According to the clocks in the house, someone had cut

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<v Speaker 1>the power around three am, and it's unclear if there

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<v Speaker 1>was any relevance to a blue sedan that was seen

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<v Speaker 1>in the area. Then in the morning, a neighboring farmer

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<v Speaker 1>named Clark Renner, who had been working in tandem with

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<v Speaker 1>Less on the corn harvest, got no response from Less

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<v Speaker 1>at the farmhouse, and he saw that a front door

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<v Speaker 1>window pane and a potted plant inside had been broken,

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<v Speaker 1>so he went and got Dorothy and Wayne.

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<v Speaker 3>When Dorothy gets there, Wayne is sick. Dorothy pulls a

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<v Speaker 3>key down off a nail, lets yourself into the house.

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<v Speaker 3>They're calling for Less and Georgine. They go through a

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<v Speaker 3>couple of rooms to the bedroom that they know Less

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<v Speaker 3>than Georgane. Use The door's closed, but they see blood

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<v Speaker 3>seeping out from under the door. Clark Renner pushes on

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<v Speaker 3>the door and it's there's something against it and he

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<v Speaker 3>can't get it opened very far. He gets it open

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<v Speaker 3>enough to look in and he sees Georgane's body on

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<v Speaker 3>the floor, and then he can see less against the door.

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<v Speaker 3>At that time, he and Dorothy believe that it must

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<v Speaker 3>have been a murder suicide. So then Dorothy and Clark

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<v Speaker 3>go upstairs to check on the children, and they find

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<v Speaker 3>Julie in her bed with gunshot wounds. They find Jeffrey

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<v Speaker 3>in his crib, also with gunshot wounds. So Clark first

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<v Speaker 3>goes to the basement to try to flip the power

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<v Speaker 3>back on, and they find a couple of cigarette butts

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<v Speaker 3>down there under the fuse box.

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<v Speaker 1>And in nineteen seventy five, all they had was roology,

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<v Speaker 1>not the DNA testing that would later clear Jerry from

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<v Speaker 1>these cigarettes. It tested positive for tybo blood, same as

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<v Speaker 1>forty percent of the population, by the way, and Jerry

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<v Speaker 1>and there were two more stamped out upstairs.

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<v Speaker 3>The only DNA and fingerprints we've been able to identify

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<v Speaker 3>to anyban have all came back to law enforcement. They

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<v Speaker 3>were not treating it like a crime scene at first.

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<v Speaker 3>The first responders worked off for theory that it was

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<v Speaker 3>a murder suicide. I don't fully understand that sense of

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<v Speaker 3>the broken window, you know, but they apparently thought it was,

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<v Speaker 3>and that's why they made coffee and everybody's sitting around

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<v Speaker 3>smoky cigarettes. Then you know, hours later they get permission

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<v Speaker 3>from the corner to move Less's body to look for

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<v Speaker 3>the gun, and there is no gun, so all of

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<v Speaker 3>a sudden, now it's murder.

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<v Speaker 1>There's also evidence that Less and Georgine had been awake.

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<v Speaker 3>There's a theory that they were awake and are having

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<v Speaker 3>sex because there's some condoms, one on Georgine, one on

0:12:44.240 --> 0:12:46.600
<v Speaker 3>the floor. You know they'd either had sex before they

0:12:46.600 --> 0:12:49.480
<v Speaker 3>went to bed or were awake. There's a total of

0:12:49.520 --> 0:12:53.160
<v Speaker 3>fourteen shots one Gray's wound, so clearly they woke up

0:12:53.280 --> 0:12:56.360
<v Speaker 3>or were awake, and there's some bullets found on the

0:12:56.440 --> 0:12:59.800
<v Speaker 3>floor by the bed where they either went through or missed.

0:13:00.480 --> 0:13:06.160
<v Speaker 3>But at autopsy both Les and Georgine, they are multiple

0:13:06.160 --> 0:13:09.959
<v Speaker 3>gunshots to the heart, a gunshot back of the head.

0:13:10.679 --> 0:13:13.520
<v Speaker 3>From what we've understand, to leave a crime scene so clean,

0:13:14.040 --> 0:13:20.199
<v Speaker 3>without identifiable fingerprints, without being seen, a car being seen,

0:13:20.800 --> 0:13:25.319
<v Speaker 3>the gunshots on the victims execution style shots, so this

0:13:25.400 --> 0:13:29.600
<v Speaker 3>could have been a professional cartel, organized crime type hit.

0:13:29.840 --> 0:13:31.679
<v Speaker 2>I think Lets tried to put up a fight, and

0:13:31.720 --> 0:13:33.360
<v Speaker 2>I know him well ms to know that he would

0:13:33.360 --> 0:13:37.040
<v Speaker 2>have put up a fight even if he was caught unawares.

0:13:37.440 --> 0:13:39.800
<v Speaker 2>But the way the kids were killed that was so

0:13:39.960 --> 0:13:40.680
<v Speaker 2>cold blooded.

0:13:41.280 --> 0:13:45.199
<v Speaker 3>The children were clearly asleep. Julie just has two wounds,

0:13:45.640 --> 0:13:48.440
<v Speaker 3>one in her temple and one in her heart. Jeffrey

0:13:48.520 --> 0:13:50.800
<v Speaker 3>is the same, and the bullet that went through his

0:13:50.920 --> 0:13:55.560
<v Speaker 3>heart went through the crib mattress and lodged itself in

0:13:55.640 --> 0:13:57.240
<v Speaker 3>a children's book under his bed.

0:14:08.640 --> 0:14:11.840
<v Speaker 1>This episode of wrongful conviction is proudly sponsored by Erase

0:14:11.920 --> 0:14:16.760
<v Speaker 1>PTSD Now. Every day, countless individuals face the invisible wounds

0:14:16.760 --> 0:14:20.440
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0:14:24.760 --> 0:14:28.520
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0:14:28.600 --> 0:14:32.960
<v Speaker 1>and save lives after incarceration. Together, we can ensure that

0:14:33.000 --> 0:14:36.400
<v Speaker 1>those wrongfully convicted receive the care they need to heal

0:14:36.560 --> 0:14:39.720
<v Speaker 1>and reintegrate into society. Join us in this mission to

0:14:39.760 --> 0:14:44.640
<v Speaker 1>erase PTSD and uplift our communities. Visit erase PTSD noow

0:14:44.760 --> 0:14:49.240
<v Speaker 1>dot org. That's erase PTSD now dot org for more

0:14:49.280 --> 0:14:51.360
<v Speaker 1>information and ways to get involved.

0:14:56.960 --> 0:15:00.720
<v Speaker 2>See a police investigators. These people knew me, even though

0:15:00.760 --> 0:15:02.960
<v Speaker 2>I had been a bit of a rebel, rouser or

0:15:02.960 --> 0:15:06.480
<v Speaker 2>a trouble maker. They knew that I was not an evil,

0:15:06.560 --> 0:15:10.040
<v Speaker 2>violent person. They knew that I was an idealistic kid.

0:15:10.400 --> 0:15:14.600
<v Speaker 2>They knew there's no evidence connecting meet at the crime.

0:15:15.240 --> 0:15:17.080
<v Speaker 3>I can never quite get past the fact that he

0:15:17.280 --> 0:15:20.680
<v Speaker 3>is a Peace Corps volunteer. He refused a commission in

0:15:20.680 --> 0:15:23.240
<v Speaker 3>the Navy and cleaned toilets instead of going to Vietnam.

0:15:23.760 --> 0:15:26.680
<v Speaker 3>He didn't hunt, and he's supposed to be able to

0:15:26.840 --> 0:15:29.320
<v Speaker 3>kill an eighteen month old in her crib with two

0:15:29.520 --> 0:15:33.680
<v Speaker 3>clean kill shots. It doesn't even seem possible.

0:15:34.800 --> 0:15:38.560
<v Speaker 2>Saturday morning, I got up and went to the restroom

0:15:38.720 --> 0:15:42.040
<v Speaker 2>where I had camped off in western Nebraska, and that's

0:15:42.080 --> 0:15:45.760
<v Speaker 2>where I met Leslie Warren, a maintenance man who took

0:15:45.800 --> 0:15:49.880
<v Speaker 2>care of an interstate restroom. The murders had happened in

0:15:50.000 --> 0:15:53.560
<v Speaker 2>Cedar Falls earlier that morning. This is six hundred miles

0:15:53.600 --> 0:15:54.960
<v Speaker 2>away from the sea of the murders.

0:15:55.760 --> 0:15:58.800
<v Speaker 1>The rest area was in Chapel, Nebraska, a nine hour

0:15:58.960 --> 0:16:02.680
<v Speaker 1>drive from Cedar Fall, where the murders happened only five

0:16:02.840 --> 0:16:06.200
<v Speaker 1>hours earlier, and Jerry was spotted twice more that morning

0:16:06.360 --> 0:16:10.440
<v Speaker 1>driving from Chapel toward Renato's aviation business in eastern Nebraska,

0:16:10.480 --> 0:16:12.920
<v Speaker 1>once by a waitress, and then by another woman named

0:16:12.960 --> 0:16:13.880
<v Speaker 1>Jean Doyle.

0:16:13.800 --> 0:16:16.960
<v Speaker 2>A lady cashier at a gas station where I guessed

0:16:17.040 --> 0:16:21.120
<v Speaker 2>up my motorcycle had idead me. She saw me about

0:16:21.160 --> 0:16:25.520
<v Speaker 2>ten am on Saturday morning, about an hour's drive eastward

0:16:25.760 --> 0:16:30.280
<v Speaker 2>toward my buddy Renato's location, but also toward Iowa.

0:16:30.440 --> 0:16:34.080
<v Speaker 1>Jean Doyle noted that he was traveling west to east, importantly,

0:16:34.240 --> 0:16:37.440
<v Speaker 1>not fleeing Iowa east to west, but both of these

0:16:37.480 --> 0:16:41.880
<v Speaker 1>witnesses were hidden from the defense. Now it appears that

0:16:42.000 --> 0:16:45.040
<v Speaker 1>Jerry had learned that Renata was unavailable, so he turned

0:16:45.080 --> 0:16:47.600
<v Speaker 1>back west and eventually hitched a ride with a trucker

0:16:47.640 --> 0:16:50.280
<v Speaker 1>who was heading to Seattle with an empty horse trailer

0:16:50.280 --> 0:16:50.800
<v Speaker 1>for the bike.

0:16:51.160 --> 0:16:55.280
<v Speaker 2>So I rode with him to Provo, Utah, and somewhere

0:16:55.320 --> 0:16:59.360
<v Speaker 2>after Salt Lake City. Sometime on November two, I was

0:16:59.400 --> 0:17:01.920
<v Speaker 2>calling and I didn't get hold of my girlfriend, And

0:17:01.960 --> 0:17:04.320
<v Speaker 2>when I couldn't get an answer from her at home,

0:17:04.480 --> 0:17:08.440
<v Speaker 2>I called her mom and dad. They lived in South Lake, Tahoe,

0:17:08.640 --> 0:17:10.960
<v Speaker 2>and her mom told me on the phone that I

0:17:10.960 --> 0:17:12.960
<v Speaker 2>should call home, and I said I had been trying

0:17:13.000 --> 0:17:17.399
<v Speaker 2>to call home. Maybe he doesn't answer and then she said, no, Jerry,

0:17:17.560 --> 0:17:19.960
<v Speaker 2>something terrible has happened. Your brother's been killed.

0:17:20.320 --> 0:17:23.000
<v Speaker 1>Jerry went to Mimi's parents' house in Lake Tahoe, where

0:17:23.040 --> 0:17:25.920
<v Speaker 1>he accurately represented to the police where he had been

0:17:25.960 --> 0:17:28.760
<v Speaker 1>on Friday and to Saturday. But he was also trying

0:17:28.760 --> 0:17:31.920
<v Speaker 1>to shield be me and her parents from knowing about

0:17:31.920 --> 0:17:33.879
<v Speaker 1>Wednesday and Thursday with Ginger.

0:17:34.280 --> 0:17:36.480
<v Speaker 2>I think that was the biggest issue for them that

0:17:36.560 --> 0:17:37.879
<v Speaker 2>made them suspicious of me.

0:17:38.359 --> 0:17:41.600
<v Speaker 3>And he's always questioned in front of them. Law enforcement

0:17:41.680 --> 0:17:44.600
<v Speaker 3>never took him aside by himself so that he had

0:17:44.640 --> 0:17:50.879
<v Speaker 3>an opportunity to provide information without that pressure, So he

0:17:50.920 --> 0:17:54.600
<v Speaker 3>doesn't give an accurate history of where he drove, where

0:17:54.600 --> 0:17:56.679
<v Speaker 3>he stopped, and where he called from.

0:17:56.880 --> 0:17:58.840
<v Speaker 2>I think I told the cops that I made a

0:17:58.840 --> 0:18:03.119
<v Speaker 2>loop through Southern Caliph, came up, got back on Interstate eighty,

0:18:03.200 --> 0:18:06.240
<v Speaker 2>and went eastward on eighty and ended up as far

0:18:06.320 --> 0:18:09.359
<v Speaker 2>as Western Nebraska. I told the cops, go find the

0:18:09.400 --> 0:18:11.560
<v Speaker 2>maintenance man, you'll verify that I was there.

0:18:11.880 --> 0:18:14.359
<v Speaker 1>At this point, the police sought out the maintenance ban,

0:18:14.600 --> 0:18:17.720
<v Speaker 1>Leslie Warren, as well as Mimi's phone records.

0:18:17.840 --> 0:18:20.639
<v Speaker 2>Mimi had insisted that I check in every night and

0:18:20.800 --> 0:18:23.679
<v Speaker 2>so I did that, and MEMI said I won't be

0:18:23.720 --> 0:18:26.320
<v Speaker 2>home Friday night. I'm going over to one of my girlfriends.

0:18:26.560 --> 0:18:28.840
<v Speaker 2>And Friday night was the night I needed to have

0:18:28.920 --> 0:18:31.679
<v Speaker 2>called because I would have established my alibi.

0:18:31.840 --> 0:18:35.040
<v Speaker 1>The phone records clearly showed that Jerry had called from

0:18:35.119 --> 0:18:38.560
<v Speaker 1>payphones a long I eighty on Wednesday and Thursday, and

0:18:38.640 --> 0:18:41.680
<v Speaker 1>not from southern California as he had initially said, which

0:18:41.800 --> 0:18:45.960
<v Speaker 1>raised suspicions. And on November three, they found the maintenance

0:18:46.000 --> 0:18:48.919
<v Speaker 1>band Leslie Warren and asked about Jerry's story for the

0:18:49.000 --> 0:18:52.679
<v Speaker 1>more important dates of October thirty first and November first.

0:18:52.720 --> 0:18:55.639
<v Speaker 2>When they founded the maintenance man. He initially did verify it,

0:18:55.680 --> 0:18:58.200
<v Speaker 2>and then later on they persuaded him to saying he'd

0:18:58.200 --> 0:19:01.919
<v Speaker 2>see me the day earlier. Then they could create a

0:19:02.000 --> 0:19:06.800
<v Speaker 2>false rout of travel for me traveling into Iowa and

0:19:06.840 --> 0:19:10.120
<v Speaker 2>committing the murders the following day, which is when they

0:19:10.119 --> 0:19:11.120
<v Speaker 2>needed to have be there.

0:19:11.359 --> 0:19:14.760
<v Speaker 3>Eventually, Leslie Warren, he testifies he saw Jerry on Friday.

0:19:14.920 --> 0:19:17.520
<v Speaker 3>He's like, oh, well, I had a doctor's appointment, you know,

0:19:17.600 --> 0:19:21.359
<v Speaker 3>it couldn't have been Saturday. So what we learn eventually, though,

0:19:21.480 --> 0:19:24.159
<v Speaker 3>is that as medical records showed that he had a

0:19:24.160 --> 0:19:27.280
<v Speaker 3>doctor appointment Friday and he was working Saturday, and so

0:19:27.920 --> 0:19:30.480
<v Speaker 3>it corroborated Jerry's story, And.

0:19:30.520 --> 0:19:34.080
<v Speaker 1>It appears that the state hid those records from the defense,

0:19:34.359 --> 0:19:38.560
<v Speaker 1>knowing full well that they corroborated Jerry's innocence while also

0:19:38.720 --> 0:19:42.000
<v Speaker 1>contradicting their witness. Meanwhile, Jerry and Mimi were in Cedar

0:19:42.040 --> 0:19:45.119
<v Speaker 1>Falls for the funeral when they were confronted about Jerry's

0:19:45.119 --> 0:19:48.480
<v Speaker 1>whereabouts on the far less important dates of October twenty,

0:19:48.520 --> 0:19:49.360
<v Speaker 1>nineteen thirtieth.

0:19:49.600 --> 0:19:52.320
<v Speaker 2>We went in together saying we'd be interviewed together. So

0:19:52.440 --> 0:19:54.760
<v Speaker 2>they told me to come back in a couple of

0:19:54.800 --> 0:19:57.480
<v Speaker 2>hours and that they were going to interview her first

0:19:57.520 --> 0:19:59.560
<v Speaker 2>and then verify what she had said.

0:19:59.560 --> 0:20:01.760
<v Speaker 3>By inter me, they put her in front of a

0:20:01.840 --> 0:20:06.200
<v Speaker 3>judge to be questioned about Jerry, lying about whether Jerry

0:20:06.520 --> 0:20:09.800
<v Speaker 3>bought the motorcycle specifically for this purpose, whether she knew

0:20:09.800 --> 0:20:11.800
<v Speaker 3>he was going to go kill less when he left

0:20:11.840 --> 0:20:12.960
<v Speaker 3>California that day.

0:20:13.160 --> 0:20:15.920
<v Speaker 2>When I came back from my interview after an hour

0:20:16.000 --> 0:20:17.399
<v Speaker 2>or of it, started accusing me.

0:20:17.880 --> 0:20:20.240
<v Speaker 3>Now, he explains, well, you know, I met a girl.

0:20:20.440 --> 0:20:22.760
<v Speaker 3>I was smoking some weed. I didn't want Mimi and

0:20:22.800 --> 0:20:23.879
<v Speaker 3>her parents to know.

0:20:24.160 --> 0:20:27.360
<v Speaker 2>After being accused for a while, I just said, am

0:20:27.400 --> 0:20:29.399
<v Speaker 2>I under arrested and they said no. I said, okay,

0:20:29.400 --> 0:20:31.000
<v Speaker 2>well I don't want to talk to you anymore. I

0:20:31.119 --> 0:20:34.000
<v Speaker 2>left and that's when I found out this Mimi is

0:20:34.200 --> 0:20:36.560
<v Speaker 2>under arrest. As soon as they arrested me, they let

0:20:36.560 --> 0:20:40.119
<v Speaker 2>her brother take her back to California. And I didn't

0:20:40.119 --> 0:20:43.040
<v Speaker 2>get arrested until the tenth when the cops were discovered

0:20:43.040 --> 0:20:46.560
<v Speaker 2>that I had bought a box of ammunition in California.

0:20:47.040 --> 0:20:49.360
<v Speaker 3>Even in seventy five, when you bought a box of bullets,

0:20:49.359 --> 0:20:51.520
<v Speaker 3>you had to sign for them, and Jerry had bought

0:20:51.560 --> 0:20:54.040
<v Speaker 3>a box to try to get someone to talk to

0:20:54.119 --> 0:20:58.600
<v Speaker 3>him about political stuff. Back then, they were very sure

0:20:58.680 --> 0:21:01.080
<v Speaker 3>that the bullets from the car I'm seeing where these

0:21:01.200 --> 0:21:05.240
<v Speaker 3>very rare special thirty eight long colt bullets. In seventy

0:21:05.240 --> 0:21:08.040
<v Speaker 3>five and seventy six, the FBI was still doing comparative

0:21:08.080 --> 0:21:12.080
<v Speaker 3>lead analysis, and so they took the bullets from the

0:21:12.119 --> 0:21:16.040
<v Speaker 3>bodies and they went back to that same gun shop

0:21:16.160 --> 0:21:20.600
<v Speaker 3>in California and bought more bullets. They compared them and

0:21:20.800 --> 0:21:23.920
<v Speaker 3>they said that they had the same lead composition.

0:21:24.320 --> 0:21:29.560
<v Speaker 1>The FBI has since officially ceased peddling CBLA or comparative

0:21:29.560 --> 0:21:33.480
<v Speaker 1>bullet lead analysis, as they'd like to maintain their own credibility.

0:21:33.560 --> 0:21:35.440
<v Speaker 1>It's not even clear if the bullets from the scene

0:21:35.440 --> 0:21:37.679
<v Speaker 1>were the same kind that Jerry had purchased, and the

0:21:37.720 --> 0:21:41.880
<v Speaker 1>States machinations didn't stop at just junk science.

0:21:42.280 --> 0:21:46.560
<v Speaker 2>The police have actually found those bullets matching the ones

0:21:46.640 --> 0:21:50.280
<v Speaker 2>that I had bought for sale at local sports stores

0:21:50.480 --> 0:21:53.560
<v Speaker 2>six miles from the murders, paid the owner for them,

0:21:53.600 --> 0:21:56.040
<v Speaker 2>and got them off the shelf, And then the prosecution

0:21:56.560 --> 0:22:00.439
<v Speaker 2>presented evidence to my jury that that make a model

0:22:00.480 --> 0:22:04.560
<v Speaker 2>of bullets weren't even available for sale in northeast Iowa,

0:22:04.720 --> 0:22:07.240
<v Speaker 2>in that whole region, so that it could not have

0:22:07.320 --> 0:22:10.000
<v Speaker 2>been some local person who bought the bullets.

0:22:10.280 --> 0:22:14.040
<v Speaker 1>It appears that this deliberate misrepresentation was only discovered years

0:22:14.040 --> 0:22:16.639
<v Speaker 1>after his conviction, and then this date went on and

0:22:16.720 --> 0:22:19.040
<v Speaker 1>employed still more junk science.

0:22:19.400 --> 0:22:21.800
<v Speaker 3>You remember, this is harvest, and this is a family farm,

0:22:21.840 --> 0:22:25.120
<v Speaker 3>and there's lots of people around. On November first, this

0:22:25.359 --> 0:22:29.240
<v Speaker 3>special sergeant he sees a trail that he believes supports

0:22:29.440 --> 0:22:33.440
<v Speaker 3>an intruder coming around the farmyard to the house. They

0:22:33.600 --> 0:22:37.080
<v Speaker 3>preserved them. I print something over them and then taking

0:22:37.080 --> 0:22:41.360
<v Speaker 3>some photographs, and they sent officers out with a photograph

0:22:41.560 --> 0:22:45.440
<v Speaker 3>of the shoe print to find shoes that would match it.

0:22:45.440 --> 0:22:49.160
<v Speaker 1>It's anyone's guess if these particular shoeprints were any more

0:22:49.200 --> 0:22:52.159
<v Speaker 1>relevant than the others. And I encourage our audience to

0:22:52.200 --> 0:22:55.119
<v Speaker 1>listen to our coverage of shoeprint analysis on Wrawful Conviction

0:22:55.240 --> 0:22:57.760
<v Speaker 1>Junk Science. It's going to be lenked in the episode description.

0:22:57.960 --> 0:22:59.240
<v Speaker 1>Now back to the investigation.

0:22:59.520 --> 0:23:02.600
<v Speaker 3>So they go and buy tennis shoes and they're like Converse,

0:23:02.640 --> 0:23:06.160
<v Speaker 3>which is very popular in seventy five, and they make

0:23:06.200 --> 0:23:09.480
<v Speaker 3>a shoe print next to the others. Decided this type

0:23:09.520 --> 0:23:12.040
<v Speaker 3>of shoes, what made these prints? We need to find

0:23:12.040 --> 0:23:15.119
<v Speaker 3>people who have these shoes. Uncle Victor has shoes that

0:23:15.160 --> 0:23:18.240
<v Speaker 3>are similar, and he'd been there working harvest. But this

0:23:18.480 --> 0:23:22.639
<v Speaker 3>special Sergeant Anton decides that the tread is too small,

0:23:22.800 --> 0:23:26.800
<v Speaker 3>it doesn't match. He rules them out. And this sergeant Anton,

0:23:26.880 --> 0:23:30.480
<v Speaker 3>he is eliminating law enforcement and anybody else on the

0:23:30.520 --> 0:23:33.320
<v Speaker 3>farm just by taking a look at their shoes, I mean,

0:23:33.680 --> 0:23:36.160
<v Speaker 3>not having them take their shoes off, not taking actual

0:23:36.240 --> 0:23:40.080
<v Speaker 3>prints of them for comparisons, obviously not following any best

0:23:40.119 --> 0:23:44.520
<v Speaker 3>practices for how you evaluate a print. When Jerry's arrested,

0:23:44.560 --> 0:23:47.040
<v Speaker 3>they search Jerry's apartment in California. He doesn't have any

0:23:47.040 --> 0:23:50.000
<v Speaker 3>shoes with this tread, so they bought shoes. They have

0:23:50.119 --> 0:23:53.160
<v Speaker 3>Jerry prit them on. They're too small, Jerry can't really

0:23:53.200 --> 0:23:54.240
<v Speaker 3>walk in them.

0:23:54.080 --> 0:23:57.119
<v Speaker 1>And for whatever reason, that doesn't rule Jerry out. So

0:23:57.359 --> 0:24:01.400
<v Speaker 1>then they bought a size up to fit Jerry right,

0:24:02.119 --> 0:24:06.000
<v Speaker 1>which of course then doesn't match the crime scene shoeprint.

0:24:06.320 --> 0:24:09.520
<v Speaker 1>And then this junk science was compounded with even more

0:24:09.880 --> 0:24:11.320
<v Speaker 1>junkier junk science.

0:24:11.600 --> 0:24:13.720
<v Speaker 3>They filmed Jerry walking in it, and then they have

0:24:13.840 --> 0:24:16.920
<v Speaker 3>him walk for a podiatriss and the podiatrist decides that

0:24:17.119 --> 0:24:20.639
<v Speaker 3>Jerry's gate matches the three prints they saved, so that

0:24:21.000 --> 0:24:22.240
<v Speaker 3>those are Jerry's prints.

0:24:22.640 --> 0:24:26.280
<v Speaker 1>So to recap Jerry's walk could produce the shoeprints that

0:24:26.359 --> 0:24:29.640
<v Speaker 1>his feet were too big to make. Got it okay, guy?

0:24:29.960 --> 0:24:32.679
<v Speaker 1>I have to laugh to keep from screaming. Then the

0:24:32.760 --> 0:24:37.119
<v Speaker 1>investigators turned to some dubious eyewitness practices to try to

0:24:37.200 --> 0:24:41.280
<v Speaker 1>place Jerry in Iowa on October thirty first into November.

0:24:41.280 --> 0:24:44.160
<v Speaker 3>First. They had Jerry's picture and that was the only

0:24:44.200 --> 0:24:47.000
<v Speaker 3>picture they were showing people when they started canvassing the

0:24:47.119 --> 0:24:50.439
<v Speaker 3>route they thought Jerry took, and so they convinced a

0:24:50.480 --> 0:24:53.320
<v Speaker 3>couple of people from truck stops in Iowa that they

0:24:53.320 --> 0:24:56.919
<v Speaker 3>saw Jerry. Mark van Hewan testified he saw Jerry and

0:24:57.000 --> 0:25:00.919
<v Speaker 3>Aclee close to Cedar Falls at eight pm Otober thirty first,

0:25:01.160 --> 0:25:04.760
<v Speaker 3>and then Jathan Hurd and Williams Iowa between three thirty

0:25:04.800 --> 0:25:08.680
<v Speaker 3>and five am on November first, and then Rosalie McGuinness

0:25:08.800 --> 0:25:11.199
<v Speaker 3>at seven thirty in the morning in Stuart, Iowa. But

0:25:11.400 --> 0:25:14.959
<v Speaker 3>I think that the current understanding of how I wouldn't

0:25:15.000 --> 0:25:18.199
<v Speaker 3>identifications are made and the reliability of those memories, I

0:25:18.240 --> 0:25:21.040
<v Speaker 3>think even the people who think they saw Jerry, they're

0:25:21.080 --> 0:25:24.639
<v Speaker 3>not reliable because of the way the identification was obtained.

0:25:25.000 --> 0:25:28.359
<v Speaker 3>They're only shown Jerry's photo that then brought in for

0:25:28.440 --> 0:25:30.560
<v Speaker 3>a lineup after us all hit the news.

0:25:30.960 --> 0:25:34.000
<v Speaker 1>In addition, each of these folks described Jerry dressed in

0:25:34.040 --> 0:25:37.640
<v Speaker 1>wildly different outfits. A judge later commented that Jerry's bike

0:25:37.680 --> 0:25:40.119
<v Speaker 1>couldn't have carried the amount of clothing necessary to support

0:25:40.119 --> 0:25:43.840
<v Speaker 1>the allegedi witness accounts, which were then presented as fact

0:25:44.160 --> 0:25:47.320
<v Speaker 1>by County Prosecutor Dave Dutton, who, in preparation for the

0:25:47.320 --> 0:25:50.159
<v Speaker 1>May nineteen seventy six trial, had resigned his position to

0:25:50.240 --> 0:25:53.800
<v Speaker 1>focus solely on this case. Meanwhile, those closest to Jerry

0:25:54.000 --> 0:25:55.200
<v Speaker 1>believed in his innocence.

0:25:55.520 --> 0:25:58.920
<v Speaker 2>I had total fun family support. Everybody knew I was emoson.

0:25:59.119 --> 0:26:01.720
<v Speaker 2>They knew how much loved less and how close we were.

0:26:01.880 --> 0:26:04.879
<v Speaker 2>And Dad and Mom also not only put up the

0:26:05.000 --> 0:26:08.760
<v Speaker 2>bond but a lonely fifty thousand bucks to hire a

0:26:09.080 --> 0:26:10.560
<v Speaker 2>team of lawyers to defend me.

0:26:11.000 --> 0:26:13.880
<v Speaker 3>He hired a really well known attorney in Iowa who

0:26:13.880 --> 0:26:17.120
<v Speaker 3>had been the Attorney General at one point, Larry Scalise,

0:26:17.359 --> 0:26:20.840
<v Speaker 3>and then Scalise put an associate, John Sondre, on it,

0:26:21.160 --> 0:26:25.719
<v Speaker 3>and John Sondre and Jerry. They went looking for alibi witnesses,

0:26:26.160 --> 0:26:26.639
<v Speaker 3>but they.

0:26:26.520 --> 0:26:29.480
<v Speaker 1>Didn't find the waitress or the gas station attendant to

0:26:29.560 --> 0:26:33.360
<v Speaker 1>combat Leslie Warren, who testified, contrary to his own medical records,

0:26:33.359 --> 0:26:36.200
<v Speaker 1>that he'd seen Jerry on the morning of October thirty first,

0:26:36.240 --> 0:26:38.960
<v Speaker 1>thereby making it possible for Jerry to have traveled to

0:26:39.040 --> 0:26:42.160
<v Speaker 1>Iowa in time to commit the murders, as well as

0:26:42.200 --> 0:26:44.320
<v Speaker 1>to be seen by the three others who testified to

0:26:44.359 --> 0:26:47.680
<v Speaker 1>see Jerry arriving in Iowa on October thirty first and

0:26:47.800 --> 0:26:51.520
<v Speaker 1>leaving Iowa on November first. Then the state continued to

0:26:51.520 --> 0:26:55.200
<v Speaker 1>impute Jerry's alibi with his deceit about October twenty ninth

0:26:55.240 --> 0:26:55.880
<v Speaker 1>and thirtieth.

0:26:56.119 --> 0:26:59.959
<v Speaker 2>Tim McDonald, the lead interrogator, got on the stand and described,

0:27:00.000 --> 0:27:03.360
<v Speaker 2>I have the false story about my motorcycle trip, itinerary

0:27:03.400 --> 0:27:06.639
<v Speaker 2>and activities, and they could prove that I was lying

0:27:06.720 --> 0:27:09.399
<v Speaker 2>by the phone calls that I'd made home to Mimi.

0:27:09.800 --> 0:27:13.520
<v Speaker 1>Of course, covering for potential infidelity does not make somebody

0:27:13.520 --> 0:27:16.800
<v Speaker 1>a murder, especially when Jerry was truthful about the night

0:27:16.880 --> 0:27:19.760
<v Speaker 1>that mattered. But even with the witness statements that placed

0:27:19.800 --> 0:27:23.159
<v Speaker 1>Jerry in Iowa, the state still needed to actually place

0:27:23.240 --> 0:27:24.560
<v Speaker 1>Jerry at the farmhouse.

0:27:24.800 --> 0:27:27.680
<v Speaker 3>Yeah, so there's the two cigarettes in the basement under

0:27:27.720 --> 0:27:31.760
<v Speaker 3>the fuse box, there is a cigarette in Julie's bedroom

0:27:32.119 --> 0:27:34.439
<v Speaker 3>that has been smushed out with a foot, and then

0:27:34.480 --> 0:27:38.919
<v Speaker 3>there's another cigarette found upstairs in a room that was unoccupied.

0:27:39.240 --> 0:27:42.960
<v Speaker 3>They argued at trial and present evidence that it was

0:27:43.040 --> 0:27:44.040
<v Speaker 3>Jerry's blood type.

0:27:44.240 --> 0:27:47.679
<v Speaker 1>Now, Jerry has type old blood, the same as forty

0:27:47.720 --> 0:27:50.520
<v Speaker 1>percent of the general population. And then one of the

0:27:50.520 --> 0:27:54.680
<v Speaker 1>officers who took the stand ended up impeaching the rology

0:27:54.880 --> 0:27:56.280
<v Speaker 1>expert by mistake.

0:27:56.920 --> 0:28:00.240
<v Speaker 3>Yes, a deputy testified at trial that he did smoke

0:28:00.320 --> 0:28:04.000
<v Speaker 3>that cigarette upstairs, but he's type A. They're even wrong

0:28:04.160 --> 0:28:07.960
<v Speaker 3>just about the errology, right, But the state still presented

0:28:08.119 --> 0:28:12.000
<v Speaker 3>that they were all, oh, and that's false testimony that

0:28:12.040 --> 0:28:13.280
<v Speaker 3>the judge let them put on.

0:28:13.840 --> 0:28:16.119
<v Speaker 1>But the judge was a little more discerning with the

0:28:16.119 --> 0:28:19.280
<v Speaker 1>shoe print evidence, refusing all of the evidence about the

0:28:19.320 --> 0:28:21.960
<v Speaker 1>different pairs of shoes, which probably would have damaged the

0:28:22.000 --> 0:28:24.040
<v Speaker 1>state's case if it had been admitted.

0:28:23.800 --> 0:28:25.840
<v Speaker 2>The shoe that fit me of that type of shoe

0:28:25.920 --> 0:28:28.119
<v Speaker 2>was a half inch longer than the shoe prints on

0:28:28.200 --> 0:28:29.080
<v Speaker 2>the crime scene.

0:28:29.200 --> 0:28:30.920
<v Speaker 3>And the judge is like, that's a little too far,

0:28:31.040 --> 0:28:33.520
<v Speaker 3>but he lets everything else come in. So the jury

0:28:33.560 --> 0:28:36.000
<v Speaker 3>got to hear that Jerry's gate, the way he walked,

0:28:36.160 --> 0:28:39.200
<v Speaker 3>and only he walks that way made those prints.

0:28:39.320 --> 0:28:42.480
<v Speaker 1>But if the shoe didn't fit, then you must have quit, right.

0:28:43.240 --> 0:28:46.280
<v Speaker 1>And then came the bullet evidence. They believed that the

0:28:46.320 --> 0:28:50.160
<v Speaker 1>assailant had used thirty eight caliber long colts, which first

0:28:50.200 --> 0:28:54.200
<v Speaker 1>they falsely represented could not have been purchased locally in Iowa.

0:28:54.440 --> 0:28:58.280
<v Speaker 1>Then the FBI CBLA expert testified that the chemical composition

0:28:58.360 --> 0:29:01.000
<v Speaker 1>of the crime scene slugs were match to those that

0:29:01.120 --> 0:29:04.600
<v Speaker 1>the state, not Jerry, had purchased in California. So to

0:29:04.680 --> 0:29:08.560
<v Speaker 1>help solidify this tenuous and janky connection, they brought in

0:29:08.640 --> 0:29:11.160
<v Speaker 1>Mimi's ex husband, Alga Forrest.

0:29:11.440 --> 0:29:14.360
<v Speaker 3>Alga Forrest says that an old gun of his is

0:29:14.440 --> 0:29:18.320
<v Speaker 3>missing and he believes Jerry stole it, and they have

0:29:18.480 --> 0:29:21.760
<v Speaker 3>Alga do this whole gun lineup thing in California where

0:29:21.920 --> 0:29:24.600
<v Speaker 3>Alga could pick the one that looked the closest to

0:29:24.640 --> 0:29:29.160
<v Speaker 3>the gun he'd lost, so that was a long colt apparently,

0:29:29.280 --> 0:29:32.280
<v Speaker 3>and also would have been able to fire those bullets.

0:29:32.600 --> 0:29:35.000
<v Speaker 3>And then they tried to argue that Jerry must have

0:29:35.040 --> 0:29:38.680
<v Speaker 3>picked up all the casings. The weapon that they think

0:29:38.720 --> 0:29:40.480
<v Speaker 3>he used didn't e check casings.

0:29:40.800 --> 0:29:43.800
<v Speaker 1>So both of these tidbits aren't proof of anything besides

0:29:43.840 --> 0:29:46.480
<v Speaker 1>the state's propensity for trying to fit a square peg

0:29:46.480 --> 0:29:49.880
<v Speaker 1>into a round hole. So other than cross examination, what

0:29:49.880 --> 0:29:50.760
<v Speaker 1>did the defense do?

0:29:50.960 --> 0:29:54.080
<v Speaker 3>They put on a private investigator who was a motorcycle

0:29:54.160 --> 0:29:56.480
<v Speaker 3>rider to talk about how long it took him to

0:29:56.600 --> 0:30:00.240
<v Speaker 3>make this trip. They put on a man who said

0:30:00.280 --> 0:30:03.120
<v Speaker 3>he saw a car at the Mark farmhouse that was blue,

0:30:03.640 --> 0:30:05.880
<v Speaker 3>So they tried to put some doubt in there that

0:30:05.920 --> 0:30:08.040
<v Speaker 3>somebody else was there. But they never found anybody with

0:30:08.080 --> 0:30:11.600
<v Speaker 3>a blue car. They never connected to anything. They called

0:30:11.880 --> 0:30:15.400
<v Speaker 3>the trailer park owner from California to talk a little

0:30:15.400 --> 0:30:17.680
<v Speaker 3>bit about Jerry and Alga and all of that, and

0:30:17.720 --> 0:30:20.840
<v Speaker 3>then Alga also testifies that Jerry was mad at his

0:30:20.960 --> 0:30:25.640
<v Speaker 3>dad and mad at his brother about not inheriting the farm,

0:30:26.040 --> 0:30:30.080
<v Speaker 3>and that is the basis of the state's whole theory

0:30:30.640 --> 0:30:31.920
<v Speaker 3>of why Jerry would do this.

0:30:32.400 --> 0:30:36.120
<v Speaker 2>They laid the groundwork for the can Enable analogy throughout

0:30:36.120 --> 0:30:39.800
<v Speaker 2>the trial. Now, Mom contradicted that in her testimony, But

0:30:39.920 --> 0:30:44.160
<v Speaker 2>we could have presented Dad's will, which showed that I

0:30:44.240 --> 0:30:46.720
<v Speaker 2>wasn't being screwed in any way, and we could have

0:30:46.800 --> 0:30:49.880
<v Speaker 2>presented evidence from other people who knew that I had

0:30:49.920 --> 0:30:53.520
<v Speaker 2>been urging Dad for years to move off the farm

0:30:53.640 --> 0:30:54.880
<v Speaker 2>so less could take it over.

0:30:55.280 --> 0:30:59.760
<v Speaker 3>And Dorothy testified about what a good relationship Lesson Jerry had.

0:31:00.200 --> 0:31:02.760
<v Speaker 3>I mean, they were each other's best man in their wedding.

0:31:03.240 --> 0:31:06.240
<v Speaker 2>There was a young woman on the jury. She started

0:31:06.240 --> 0:31:10.440
<v Speaker 2>crying when Mom was testifying, and I suspected this. She

0:31:10.600 --> 0:31:13.360
<v Speaker 2>thought that Mom was a victim, a loving mother who

0:31:13.440 --> 0:31:17.320
<v Speaker 2>was trying to protect her son Jerry, and so not believable,

0:31:17.720 --> 0:31:20.120
<v Speaker 2>and that made me really worry. And matter of fact,

0:31:20.400 --> 0:31:23.280
<v Speaker 2>we had a weekend break. The last weekend before I

0:31:23.400 --> 0:31:26.640
<v Speaker 2>was convicted. We from home from Sious City back to

0:31:26.680 --> 0:31:30.160
<v Speaker 2>Cedar Falls and I took my brother Dick aside. I

0:31:30.200 --> 0:31:32.600
<v Speaker 2>said to him, Dick, I believe the jury is believing

0:31:32.680 --> 0:31:34.920
<v Speaker 2>this frame up, and I think I'm going to get convicted.

0:31:35.320 --> 0:31:37.360
<v Speaker 2>And I asked him to promise to take care of

0:31:37.400 --> 0:31:53.960
<v Speaker 2>my daughters. There was only one telephone in this a

0:31:54.080 --> 0:31:58.480
<v Speaker 2>thousand men prison, and Christmas could use that weekly phone call.

0:31:59.040 --> 0:32:02.400
<v Speaker 2>I owe my son to my ex wife and daughters,

0:32:02.480 --> 0:32:04.880
<v Speaker 2>because the rest of the week I could be in

0:32:05.000 --> 0:32:07.840
<v Speaker 2>bthering about this or fighting this battle or that battle,

0:32:07.960 --> 0:32:11.880
<v Speaker 2>or feeling angry. But during that Saturday morning phone call

0:32:11.960 --> 0:32:15.160
<v Speaker 2>every week with my daughters, I had to be focused

0:32:15.240 --> 0:32:19.360
<v Speaker 2>on them. That intentional process of being aware of my

0:32:19.440 --> 0:32:24.360
<v Speaker 2>responsibility to my daughters was a key to starting to

0:32:24.480 --> 0:32:27.000
<v Speaker 2>get over the traumas of the murders of lesson his

0:32:27.120 --> 0:32:30.920
<v Speaker 2>family and treatment by the courts and being incarcerated. It

0:32:31.000 --> 0:32:34.000
<v Speaker 2>took me years to get over the anger at these

0:32:34.040 --> 0:32:37.560
<v Speaker 2>people what they did to me. I had good spiritual advisors,

0:32:37.560 --> 0:32:40.719
<v Speaker 2>Sister Irene Munnos, and helped me learn how to forgive

0:32:41.240 --> 0:32:44.200
<v Speaker 2>because I was angry and bitter and steing, and I

0:32:44.280 --> 0:32:47.040
<v Speaker 2>was destroying my own health and I had to do

0:32:47.200 --> 0:32:51.960
<v Speaker 2>my grieving. But Sister Irene Munnos, she said, I think

0:32:52.040 --> 0:32:55.680
<v Speaker 2>you need to pick out the one individual that you

0:32:55.760 --> 0:32:59.760
<v Speaker 2>feel did you the greatest wrong and pray for that person.

0:33:00.240 --> 0:33:03.440
<v Speaker 2>Took me a month to agree to the propositions, but anyway,

0:33:03.480 --> 0:33:06.920
<v Speaker 2>I picked out the prosecutor himself, Dave Duttan, who had

0:33:07.080 --> 0:33:10.560
<v Speaker 2>framed me, and pray for him. She said, pay only

0:33:10.640 --> 0:33:15.640
<v Speaker 2>positive stuff about him, and do this ritualistically every night.

0:33:16.040 --> 0:33:18.000
<v Speaker 2>It seems so absurd to me, but I was so

0:33:18.120 --> 0:33:21.440
<v Speaker 2>desperate that I actually started doing it. And from there

0:33:21.520 --> 0:33:25.800
<v Speaker 2>on I focused instead on trying to understand why they

0:33:25.840 --> 0:33:28.880
<v Speaker 2>had done what they had done and to be accepting

0:33:28.920 --> 0:33:29.280
<v Speaker 2>of it.

0:33:29.880 --> 0:33:32.800
<v Speaker 1>While Jerry tried to find peace, his direct appeal began

0:33:33.200 --> 0:33:36.640
<v Speaker 1>focusing on the eyewitnesses and sufficiency of evidence.

0:33:36.920 --> 0:33:41.200
<v Speaker 3>In Iowa. Once your convictions final, you have the right

0:33:41.280 --> 0:33:44.280
<v Speaker 3>to an appeal to the Iowa Supreme Court. Sometimes Iowa

0:33:44.280 --> 0:33:46.800
<v Speaker 3>Supreme Court will send it down to the Iowa Court

0:33:46.800 --> 0:33:50.080
<v Speaker 3>of Appeals and then if you don't like their ruling,

0:33:50.320 --> 0:33:53.640
<v Speaker 3>you can ask the Supreme Court for further review. That

0:33:53.680 --> 0:33:57.600
<v Speaker 3>didn't happen with Jerry's. The Supreme Court affirmed the convictions

0:33:57.840 --> 0:33:58.560
<v Speaker 3>pretty quickly.

0:33:59.000 --> 0:34:03.400
<v Speaker 2>During my directive, Mom put up a reward for information

0:34:03.720 --> 0:34:06.400
<v Speaker 2>that would help to clear me, and we had a

0:34:06.440 --> 0:34:09.719
<v Speaker 2>surprise lead. We thought the blue car that had been

0:34:09.760 --> 0:34:13.640
<v Speaker 2>observed in the lesson's neighborhood a suspicious car. We thought

0:34:13.680 --> 0:34:16.240
<v Speaker 2>we had located that car in the owner of that car,

0:34:16.560 --> 0:34:20.480
<v Speaker 2>and so in nineteen seventy eight, my appeal attorney took

0:34:20.520 --> 0:34:23.760
<v Speaker 2>that information to the ab Supreme Court, and the court

0:34:23.960 --> 0:34:27.440
<v Speaker 2>ordered copies of all of the police and the prosecutors

0:34:27.440 --> 0:34:32.080
<v Speaker 2>for investigative files, and all that material was put into

0:34:32.120 --> 0:34:35.439
<v Speaker 2>a filing cabinet in that Blackhawk County.

0:34:35.360 --> 0:34:39.760
<v Speaker 1>Courthouse, which is Attorney Jim Cleary soon accessed while filing

0:34:39.800 --> 0:34:41.279
<v Speaker 1>his first post convection motion.

0:34:41.640 --> 0:34:44.839
<v Speaker 2>That's how we found out about the prosecution knowing that

0:34:44.880 --> 0:34:48.600
<v Speaker 2>the maintenance man in Nebraska had not been at work

0:34:48.680 --> 0:34:51.880
<v Speaker 2>when he testified that I'd been there a day before.

0:34:52.000 --> 0:34:56.319
<v Speaker 2>They concealed the doctor's records from my defense, and they

0:34:56.400 --> 0:34:59.839
<v Speaker 2>still had him testify, and they knew he was miss

0:35:00.080 --> 0:35:03.120
<v Speaker 2>aChn or lying about the date that he had seen me.

0:35:03.600 --> 0:35:07.680
<v Speaker 2>They knowingly presented false evidence, and they concealed other alibi witnesses.

0:35:08.040 --> 0:35:11.000
<v Speaker 3>The Jerry never got to hear that Jeene Doyle identified

0:35:11.120 --> 0:35:14.239
<v Speaker 3>Jerry as being in North Platte, Nebraska on the.

0:35:14.120 --> 0:35:16.880
<v Speaker 2>First The other thing that we found out was that

0:35:17.000 --> 0:35:21.359
<v Speaker 2>the police had actually found those bullets matching the one

0:35:21.400 --> 0:35:23.840
<v Speaker 2>that I had bought in the very town six miles

0:35:23.840 --> 0:35:27.960
<v Speaker 2>from the murders Nelson's boat shop, and they proceeded to

0:35:27.960 --> 0:35:31.879
<v Speaker 2>present evidence that there were available at my trial. And

0:35:31.920 --> 0:35:36.360
<v Speaker 2>then Jim systematically interviewed every single cop that had been involved,

0:35:36.719 --> 0:35:39.640
<v Speaker 2>and a policeman named John Lang who was in charge

0:35:39.680 --> 0:35:42.279
<v Speaker 2>of the paperwork and the evidence. He ended up with

0:35:42.360 --> 0:35:46.759
<v Speaker 2>this box of bullets from the local sports store. He

0:35:46.880 --> 0:35:49.759
<v Speaker 2>still had those sixteen years later as a souvenir, and

0:35:49.800 --> 0:35:53.640
<v Speaker 2>he actually given a bullet or several bullets from the

0:35:53.640 --> 0:35:57.279
<v Speaker 2>box to other police investigators as souvenirs to keep for

0:35:57.360 --> 0:35:58.960
<v Speaker 2>their work in framing me.

0:36:00.360 --> 0:36:03.960
<v Speaker 3>Jeane Doyle, the schuprint evidence, the zerology stuff, you know,

0:36:04.120 --> 0:36:07.560
<v Speaker 3>the cigarette butts and Leslie Warren, all of that is

0:36:07.640 --> 0:36:10.680
<v Speaker 3>heard in that first post conviction in the eighties and

0:36:11.080 --> 0:36:15.239
<v Speaker 3>the Iowa District Court they deny relief. They concluded just

0:36:15.239 --> 0:36:17.520
<v Speaker 3>wouldn't have had an impact on the outcome of the triut.

0:36:17.719 --> 0:36:20.520
<v Speaker 2>They just ruled it didn't matter that there was so

0:36:20.600 --> 0:36:24.960
<v Speaker 2>much certain potential evidence and scientific evidence that proved my

0:36:25.080 --> 0:36:29.040
<v Speaker 2>guild that conviction should stand regardless of the fact that

0:36:29.080 --> 0:36:33.520
<v Speaker 2>the prosecution had misbehaved. And then I went into habeas corpus,

0:36:33.760 --> 0:36:37.120
<v Speaker 2>and that's when the federal judge helped to persuade the

0:36:37.440 --> 0:36:40.240
<v Speaker 2>Attorney General of Iowa to do some of DNA testing,

0:36:40.600 --> 0:36:43.040
<v Speaker 2>and that's when I was excluded from two of the

0:36:43.080 --> 0:36:44.240
<v Speaker 2>four cigarette butts.

0:36:44.360 --> 0:36:46.799
<v Speaker 1>If you recall, the other two were claimed by a

0:36:46.840 --> 0:36:49.680
<v Speaker 1>deputy at trial. So now Jerry had been excluded from

0:36:49.719 --> 0:36:52.480
<v Speaker 1>the remaining two type old blood cigarette butts that were

0:36:52.520 --> 0:36:55.319
<v Speaker 1>found by the fuse box. Additionally, at this time, an

0:36:55.440 --> 0:37:00.000
<v Speaker 1>FBI whistleblower exposed their crime lab for prosecution bias and misconduct,

0:37:00.360 --> 0:37:05.000
<v Speaker 1>and an internal investigation led to reassignments, reforms, and early retirements,

0:37:05.000 --> 0:37:08.360
<v Speaker 1>and the FBI issued a letter alerting prosecutors about the issues,

0:37:08.360 --> 0:37:11.399
<v Speaker 1>but only prosecutors who were then supposed to tell those

0:37:11.440 --> 0:37:15.759
<v Speaker 1>they'd convicted using the FBI crime lab, right, okay, And

0:37:15.800 --> 0:37:19.319
<v Speaker 1>in this case that meant the comparative bullet lead analysis

0:37:19.440 --> 0:37:22.360
<v Speaker 1>which Jerry had heard about while watching TV in his

0:37:22.440 --> 0:37:24.000
<v Speaker 1>cell in two thousand and five.

0:37:24.360 --> 0:37:27.360
<v Speaker 2>What sixty minutes and they found out that some retired

0:37:27.480 --> 0:37:30.839
<v Speaker 2>FBI agents who worked in that lab had become suspicious

0:37:30.880 --> 0:37:33.200
<v Speaker 2>of what they'd been doing. And the National Academy of

0:37:33.239 --> 0:37:36.359
<v Speaker 2>Science has appointed a scientific board to review all this

0:37:36.520 --> 0:37:39.440
<v Speaker 2>and came back saying that this is junk science. The

0:37:39.520 --> 0:37:42.640
<v Speaker 2>FBI and providing junk testimony for years, and it was

0:37:42.920 --> 0:37:46.200
<v Speaker 2>exactly what had happened in my case. And attorney Jim

0:37:46.239 --> 0:37:48.799
<v Speaker 2>Clary and then an attorney in des Mooine named Paul

0:37:48.880 --> 0:37:52.240
<v Speaker 2>Rosenberg piloted into the case in two thousand and six,

0:37:52.520 --> 0:37:55.960
<v Speaker 2>presented all the evidence to a federal judge and in

0:37:56.040 --> 0:37:59.040
<v Speaker 2>Sioux City named Donald O'Brien, and he issued a two

0:37:59.080 --> 0:38:02.480
<v Speaker 2>hundred plus paid age ruling detailing all of the violations

0:38:02.560 --> 0:38:05.400
<v Speaker 2>of law and granted my writ for habeas corpus and

0:38:05.520 --> 0:38:08.400
<v Speaker 2>ordered that I'd be given a new fair trial and.

0:38:08.920 --> 0:38:11.600
<v Speaker 3>Should have gotten a new trial. Then, unfortunately, the Eighth

0:38:11.719 --> 0:38:18.239
<v Speaker 3>Circuit did not agree that habeas relief was warranted, and

0:38:18.320 --> 0:38:23.400
<v Speaker 3>so they reversed judj O'Brien and reinstated the conviction.

0:38:23.239 --> 0:38:25.840
<v Speaker 2>That was in two thousand and seven that killed moms

0:38:25.920 --> 0:38:27.479
<v Speaker 2>of A year and a half later, she was dead,

0:38:27.840 --> 0:38:30.759
<v Speaker 2>broke her heart, and that was the last of my

0:38:30.880 --> 0:38:33.920
<v Speaker 2>parents I lost. And then I'd already lost everybody other

0:38:33.960 --> 0:38:35.080
<v Speaker 2>than my older brother Dick.

0:38:35.520 --> 0:38:38.480
<v Speaker 1>Between two thousand and seven and twenty thirteen, Jerry saw

0:38:38.680 --> 0:38:42.560
<v Speaker 1>DNA testing for more crime scene evidence like fingernail scrapings.

0:38:42.680 --> 0:38:45.920
<v Speaker 2>They basically said, despite the fact that you found DNA

0:38:46.000 --> 0:38:49.120
<v Speaker 2>evidence of the crime scene, they exonerated you were not

0:38:49.200 --> 0:38:51.759
<v Speaker 2>going to let you do any more DNA testing of

0:38:51.800 --> 0:38:55.560
<v Speaker 2>crime scene evidence. That ruling came down in twenty thirteen,

0:38:55.640 --> 0:38:57.400
<v Speaker 2>and that totally wiped me out.

0:38:57.600 --> 0:39:00.960
<v Speaker 3>You know, I started Jerry's case in part because I

0:39:01.040 --> 0:39:04.640
<v Speaker 3>read the twenty thirteen opinion about the DNA on the

0:39:04.680 --> 0:39:08.919
<v Speaker 3>cigarette butts and the courts like refusing to consider them

0:39:09.000 --> 0:39:11.880
<v Speaker 3>in the PCR and then CBLA and they don't even

0:39:11.920 --> 0:39:15.000
<v Speaker 3>want to consider the FBI letter, And so we started

0:39:15.280 --> 0:39:20.880
<v Speaker 3>just systemically investigating and looking at all of the scientific

0:39:20.920 --> 0:39:23.600
<v Speaker 3>evidence they used and what is left.

0:39:24.040 --> 0:39:27.319
<v Speaker 1>By then CBLA was recognized as jump not to mention

0:39:27.400 --> 0:39:30.840
<v Speaker 1>the misrepresentation that those bullets had not been available in Iowa.

0:39:31.000 --> 0:39:34.240
<v Speaker 1>The shoe print and gate analysis not only were they junk,

0:39:34.280 --> 0:39:36.960
<v Speaker 1>but then his foot was too big for a shoe

0:39:36.960 --> 0:39:39.239
<v Speaker 1>print that were not even sure was relevant in the

0:39:39.280 --> 0:39:43.000
<v Speaker 1>first place. The sorology was later completely refuted by DNA testing.

0:39:43.080 --> 0:39:46.440
<v Speaker 1>So all the remains are the witnesses Alga Forrest, who

0:39:46.440 --> 0:39:50.239
<v Speaker 1>had an obvious motivation as Mimi's ex husband, then four

0:39:50.280 --> 0:39:54.279
<v Speaker 1>allegedi witnesses who were gathered through questionable practices, three of

0:39:54.280 --> 0:39:57.080
<v Speaker 1>whom described Jerry in three different outfits on the same day,

0:39:57.200 --> 0:40:00.160
<v Speaker 1>and the last one, Leslie Warren, was discredited by its

0:40:00.239 --> 0:40:03.800
<v Speaker 1>own medical records, which were then hidden from the defense,

0:40:04.080 --> 0:40:07.800
<v Speaker 1>along with at least two more witnesses that corroborated Jerry's alibi.

0:40:07.960 --> 0:40:10.760
<v Speaker 1>This is why J. J. O'Brien ordered a new trial

0:40:10.960 --> 0:40:13.479
<v Speaker 1>and Erica has worked on it even more.

0:40:13.680 --> 0:40:16.600
<v Speaker 3>Since there's unidentified prints in the house that can't be

0:40:16.600 --> 0:40:19.560
<v Speaker 3>connected to anybody, we've been running them through aphis. The

0:40:19.600 --> 0:40:23.000
<v Speaker 3>other thing that we worked on is trying to figure out, well, Okay,

0:40:23.000 --> 0:40:27.040
<v Speaker 3>this Honda four fifty, it's not made for long distance travel.

0:40:27.080 --> 0:40:29.840
<v Speaker 3>It's not like a big Harley bike, it's not a

0:40:30.000 --> 0:40:34.160
<v Speaker 3>road bike, and how could he possibly have driven that

0:40:34.239 --> 0:40:36.759
<v Speaker 3>many miles in the middle of the night, you know,

0:40:36.840 --> 0:40:38.879
<v Speaker 3>when he had to stop for gas. And so we

0:40:38.960 --> 0:40:43.440
<v Speaker 3>talked to an expert in California who agreed that this

0:40:43.520 --> 0:40:48.239
<v Speaker 3>gas tank is very small, that it vibrates continuously, it

0:40:48.320 --> 0:40:50.360
<v Speaker 3>can get really hot, and you have to take breaks.

0:40:50.360 --> 0:40:53.680
<v Speaker 3>It's not made to ride for five or six hours straight,

0:40:53.920 --> 0:40:57.040
<v Speaker 3>that kind of thing, And so that again just reinforced

0:40:57.040 --> 0:41:00.520
<v Speaker 3>for us that it's not physically possible that he was there.

0:41:00.719 --> 0:41:03.120
<v Speaker 1>So even if you're of the mind to choose Leslie

0:41:03.120 --> 0:41:06.399
<v Speaker 1>Warren's statement over his medical records, Jerry would have had

0:41:06.440 --> 0:41:08.840
<v Speaker 1>all day Friday to take the nine hour ride to

0:41:08.880 --> 0:41:12.200
<v Speaker 1>Cedar Falls, but then only seven hours to complete an

0:41:12.239 --> 0:41:14.640
<v Speaker 1>eight hour journey to North Platte, Nebraska, in time to

0:41:14.680 --> 0:41:17.440
<v Speaker 1>see Gene Doyle on a bike that needed to cool

0:41:17.520 --> 0:41:20.440
<v Speaker 1>off and refuel every five hours. Don't forget so Erica

0:41:20.600 --> 0:41:23.560
<v Speaker 1>follow a success a PCR in twenty twenty four, containing

0:41:23.640 --> 0:41:26.880
<v Speaker 1>everything we've spoken about, including the alternate theories like the

0:41:26.920 --> 0:41:30.000
<v Speaker 1>real estate fraud victims or even a professional hit meant

0:41:30.000 --> 0:41:31.120
<v Speaker 1>for Ronado Blestra.

0:41:31.480 --> 0:41:35.359
<v Speaker 3>Years later, Ornato dies in a small plane crash, and

0:41:35.840 --> 0:41:39.319
<v Speaker 3>Caesar Bianki also dies in a plane crash. I'm not

0:41:39.840 --> 0:41:45.080
<v Speaker 3>a DA expert, but you know there's some similarities there

0:41:45.239 --> 0:41:49.120
<v Speaker 3>that you just have a hard time understanding.

0:41:49.440 --> 0:41:51.040
<v Speaker 1>And with that, we're going to ask for you to

0:41:51.080 --> 0:41:54.239
<v Speaker 1>scroll down to the episode description for action steps as

0:41:54.280 --> 0:41:57.359
<v Speaker 1>we go to closing arguments, where first I thank both

0:41:57.400 --> 0:42:00.200
<v Speaker 1>of you for joining us, and so now I'm just

0:42:00.239 --> 0:42:02.319
<v Speaker 1>going to kick back in my chair and listen to

0:42:02.600 --> 0:42:05.640
<v Speaker 1>anything else you feel is left to be said. So

0:42:05.800 --> 0:42:08.520
<v Speaker 1>start with Erica and then Jerry, you take us off

0:42:08.520 --> 0:42:09.360
<v Speaker 1>into the sunset.

0:42:09.760 --> 0:42:13.480
<v Speaker 3>Jerry Mark is this example of a wrongful conviction and

0:42:13.600 --> 0:42:17.280
<v Speaker 3>everything that could possibly have gone wrong. A tragedy happened

0:42:17.320 --> 0:42:20.759
<v Speaker 3>to their family and he got caught up in it.

0:42:21.120 --> 0:42:25.200
<v Speaker 3>Our system is so imperfect and there have been so

0:42:25.280 --> 0:42:29.280
<v Speaker 3>many chances to right this wrong, and yet we haven't

0:42:29.320 --> 0:42:31.560
<v Speaker 3>been able to do it. He's going to be eighty

0:42:31.600 --> 0:42:36.080
<v Speaker 3>two in January. He has grandchildren now, and he's persevered

0:42:36.160 --> 0:42:39.320
<v Speaker 3>through a lot, and yeah, as much support as he

0:42:39.400 --> 0:42:42.240
<v Speaker 3>can get. We don't have a big social media presence,

0:42:42.239 --> 0:42:44.200
<v Speaker 3>but we will definitely let you know if there are

0:42:44.280 --> 0:42:47.000
<v Speaker 3>updates and you can share that for us. Because we

0:42:47.120 --> 0:42:50.080
<v Speaker 3>are public defenders working out of a law school, we

0:42:50.160 --> 0:42:53.400
<v Speaker 3>are doing everything we can to correct this injustice for

0:42:53.480 --> 0:42:57.480
<v Speaker 3>him and his family, So we appreciate just sharing the story.

0:42:58.120 --> 0:43:02.800
<v Speaker 2>I'm deeply grateful to my friends and loved ones who've

0:43:02.800 --> 0:43:06.560
<v Speaker 2>been so supportive of me and so encouraging, and to

0:43:07.400 --> 0:43:10.600
<v Speaker 2>just a network of people, good hearted people in the

0:43:10.640 --> 0:43:13.400
<v Speaker 2>free world who had been kind and encouraging to me.

0:43:13.960 --> 0:43:16.560
<v Speaker 2>There's no way I can repay the goodness that's been

0:43:16.600 --> 0:43:20.200
<v Speaker 2>done for me, except to try to bring some attention

0:43:20.360 --> 0:43:24.200
<v Speaker 2>to other cases guys in prison who have been wrongly convicted.

0:43:24.320 --> 0:43:27.400
<v Speaker 2>So if I'm fortunate enough to be exonerated and freed,

0:43:27.800 --> 0:43:30.040
<v Speaker 2>I intend to do everything I can to be a

0:43:30.080 --> 0:43:33.520
<v Speaker 2>constructive citizen and to help in whatever way I can.

0:43:33.719 --> 0:43:36.600
<v Speaker 2>And I hope very much that the public will encourage

0:43:37.120 --> 0:43:40.560
<v Speaker 2>our judicial system to look at cases like mine with

0:43:40.680 --> 0:43:44.480
<v Speaker 2>a critical analysis. It's okay to assume that the prosecutors

0:43:44.520 --> 0:43:47.560
<v Speaker 2>and police have good intentions, but sometimes they get carried

0:43:47.600 --> 0:43:51.000
<v Speaker 2>away by the horrors or the heinous nature of the crime,

0:43:51.080 --> 0:43:55.120
<v Speaker 2>and they target the wrong individual and make mistakes. When

0:43:55.160 --> 0:43:58.399
<v Speaker 2>it's up to the judiciary, to the judges to take

0:43:58.440 --> 0:44:01.839
<v Speaker 2>a good objective life look at these cases and don't

0:44:01.880 --> 0:44:05.319
<v Speaker 2>let the due process rights of prisoners like me be

0:44:05.760 --> 0:44:10.879
<v Speaker 2>violated by overzealous or emotionally involved or biased prosecutors from

0:44:10.920 --> 0:44:12.640
<v Speaker 2>saying police.

0:44:17.280 --> 0:44:19.920
<v Speaker 1>Thank you for listening to Wrongful Conviction. You can listen

0:44:19.920 --> 0:44:22.319
<v Speaker 1>to this and all the Lava for Good podcasts one

0:44:22.360 --> 0:44:25.319
<v Speaker 1>week early and ed free by subscribing to Lava for

0:44:25.400 --> 0:44:28.200
<v Speaker 1>Good Plus on Apple Podcasts. I want to thank our

0:44:28.239 --> 0:44:31.399
<v Speaker 1>production team, Connor Hall and Kathleen Fink, as well as

0:44:31.400 --> 0:44:35.200
<v Speaker 1>my fellow executive producers Jeff Kempler, Kevin Warnis, and Jeff Kleiber.

0:44:35.320 --> 0:44:37.399
<v Speaker 1>The music in this production was supplied by three time

0:44:37.480 --> 0:44:40.520
<v Speaker 1>OSCAR nominated composer Jay Ralph. Be sure to follow us

0:44:40.560 --> 0:44:43.640
<v Speaker 1>across all social media platforms at Lava for Good and

0:44:43.680 --> 0:44:46.680
<v Speaker 1>at Wrongful Conviction. You can also follow me on Instagram

0:44:46.680 --> 0:44:49.560
<v Speaker 1>at It's Jason Flamm. Wrongful Conviction is a production of

0:44:49.640 --> 0:44:53.239
<v Speaker 1>Lava for Good Podcasts and association with Signal Company Number One.

0:44:53.400 --> 0:44:55.920
<v Speaker 1>We've worked hard to ensure that all facts reported in

0:44:55.960 --> 0:44:58.799
<v Speaker 1>this show are accurate. The views and opinions expressed by

0:44:58.800 --> 0:45:01.000
<v Speaker 1>the individuals featured in the the show are their own

0:45:01.120 --> 0:45:03.560
<v Speaker 1>and do not necessarily reflect those of love of for

0:45:03.680 --> 0:45:03.879
<v Speaker 1>Good