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Speaker 1: Dear Governor is a production of iHeart Media and three

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Speaker 1: Months Media. Dear Governor Newsom, Dear Mr Governor Newsom, this

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Speaker 1: is an open letter to Governor Gavin Newsom. Dear Governor Newsom,

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Speaker 1: to share in the sorrow and join in solidarity with

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Speaker 1: the families of George Floyd, Ahmad, are Very, Brianna Taylor,

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Speaker 1: and so many more families of color who have lost

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Speaker 1: loved ones for absolutely no reason. To show respect for

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Speaker 1: the hundreds of thousands of courageous individuals across the country

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Speaker 1: protesting the injustices and brutality, and to use our voices

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Speaker 1: to echo the self evident truth that black lives matter.

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Speaker 1: This week, Dear Governor is participating in the podcast Blackout.

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Speaker 1: According to the Death Penalty Information Center, since nineteen seventy three,

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Speaker 1: one hundred and sixty eight men and women who served

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Speaker 1: on death row have been exonerated. Capt punishment is the

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Speaker 1: ultimate racist machine. According to Capital Punishment Project at the

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Speaker 1: a c l U, the odds of receiving a death

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Speaker 1: sentence are nearly four times higher if the defendant is

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Speaker 1: black then if he or she is white. In the

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Speaker 1: recent spate of fatal shootings and beatings of weaponless black

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Speaker 1: men with little or no repercussions for the officers involved,

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Speaker 1: shines a white hot spotlight on the racist nature of

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Speaker 1: the criminal justice system at large. Jarvis and I talked

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Speaker 1: on the phone yesterday to get caught up on the

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Speaker 1: social unrest that's running rampant across the country and to

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Speaker 1: hear what he is hearing and seeing on the inside

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Speaker 1: of death Row. All right there, okay, did okay Jervis

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Speaker 1: jump forward to George Floyd. I mean, what we'll talk

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Speaker 1: about others, But since George is the ultimate tipping point

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Speaker 1: for the nation, what did you think when you saw

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Speaker 1: the videotape of the cop on on his neck that

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Speaker 1: was sort of like, you know, a climb that happened

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Speaker 1: the week before, are two months before or three months before?

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Speaker 1: I mean, these are a consistent pattern of crimes where

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Speaker 1: black men are being shown to the world as being

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Speaker 1: killed by a white officer, by the police, cops, whatever

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Speaker 1: you wanna call it. And so I thought this was

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Speaker 1: another case that just blew your mind, and that the

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Speaker 1: moment I looked at that he had said I couldn't breathe,

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Speaker 1: I can't breathe. It was at that time that I

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Speaker 1: actually turned to it, and I've seen this cops hand

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Speaker 1: in his in his past. I can see this really

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Speaker 1: not able to breathe. So in my mind, I'm thinking,

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Speaker 1: I know what that feels like. You guys have to

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Speaker 1: understand he's really serious about this. He can't breathe. He

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Speaker 1: would try to move his neck a little bit and

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Speaker 1: then he would say, I can't breathe. What do you

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Speaker 1: mean you know what that feels like. M Well, he

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Speaker 1: kind of like tried to figure out how to get

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Speaker 1: some air into his body. You can see it. I

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Speaker 1: saw it. You know, I don't care if no one

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Speaker 1: else saw it. I saw it, and he said it again,

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Speaker 1: I can't breathe, and I felt like I was in

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Speaker 1: his place. I understand what that show like, being a

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Speaker 1: black man and seeing when I was looking at Uh,

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Speaker 1: you couldn't watch it. I couldn't watch it, and I

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Speaker 1: felt like I was walking away from that. He's dead,

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Speaker 1: and I talked about Rodney King, but Rodney King survived.

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Speaker 1: I thought about it because the world was looking at it.

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Speaker 1: So in my mind, I said, this is this is bad,

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Speaker 1: but it's gonna blow up. This, this is not gonna

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Speaker 1: be good. This is then execution that they usually do

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Speaker 1: at night with men and women on death row, but

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Speaker 1: now they just did it in the middle of the

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Speaker 1: street and it's public. Did not start thinking of alls

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Speaker 1: for the scenarios I would have done. I would have

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Speaker 1: probably ran over there and kicked the cop off of

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Speaker 1: you are just things you would want to do. Have

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Speaker 1: you talked about the situation with George to any fellow inmates, Like,

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Speaker 1: is there discussion active discussion about it in prison? Well,

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Speaker 1: you know, like everybody, that discussion is still ongoing. You know,

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Speaker 1: every time we turn our TVs on our radio foson,

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Speaker 1: we hear about George Floyd being commemorated here are right

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Speaker 1: over here in this part of the country, that part

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Speaker 1: of the country. So it's a discussions. Everyone's talking about this.

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Speaker 1: You know, everyone's angry about it. Everybody who wanted to

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Speaker 1: prove a point was using business and it to prove

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Speaker 1: that point. Have you found it? Um, it's hardening to

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Speaker 1: see so many different races coming together to march for

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Speaker 1: Black Lives Matter? Is it the same way in the prison?

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Speaker 1: Do you see white guys outraged by this as well?

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Speaker 1: That's an interesting thing about all this. You see it

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Speaker 1: on television and you see it on the fair Quin's

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Speaker 1: death row. That is what trips me out. That's the

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Speaker 1: interesting right there. Of course, there's just as many white

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Speaker 1: men on death row who's outraged by it as anyone else.

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Speaker 1: I mean, it's so vivid and it and its shocks

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Speaker 1: your senses. These are the kind of things I think about,

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Speaker 1: and I wonder what lift this on fire? The way

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Speaker 1: it flames, you know it was like and how they did.

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Speaker 1: So many people from all ethnic backgrounds and all social

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Speaker 1: ladders can be as outraged as this one incident. And

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Speaker 1: you hear on television all the time. It's because you know,

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Speaker 1: it was the tipping point. This lit a few, but

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Speaker 1: it lived for everybody. Do you think it's going to

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Speaker 1: um not end playing stuff out? I don't know. This

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Speaker 1: is history being made. This is history. This is you know,

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Speaker 1: this is a whole nation of all ethnic backgrounds, all everywhere.

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Speaker 1: And I mean I even heard on television mothers of

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Speaker 1: teenage kids saying, I'm not gonna ever put my son

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Speaker 1: into military United States military. That's out just by Trump's threats.

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Speaker 1: When you see preachers and churches are out there, you know,

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Speaker 1: conservative churches are out there. It's just I've never seen this.

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Speaker 1: You know, I've never seen this, and I don't know

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Speaker 1: how it's gonna play out. You have a president that

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Speaker 1: the lost is dawn mine, and I know that this

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Speaker 1: this should not be a topic of politics, but it

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Speaker 1: is be. The lost is your mind, and that's just

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Speaker 1: the way I see it. In teammates President Bush Reagan,

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Speaker 1: the other Bush looks like saints compared to him. And

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Speaker 1: I just wish that I knew where this is going

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Speaker 1: to go. But because of President Donald Trump, I have

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Speaker 1: no idea. Let me ask that. You know. I was

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Speaker 1: just talking about this with my mother and she was

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Speaker 1: saying that obviously the looting has to stop at some

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Speaker 1: point because small businesses and a lot of money of

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Speaker 1: their own businesses are being destroyed. But what do you

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Speaker 1: think about the looting is is that the necessary step

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Speaker 1: in order to really get the world to open their

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Speaker 1: eyes or is that a bridge too far. Well, a

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Speaker 1: couple of days ago, or even I think it was

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Speaker 1: last night, they said that cops shout into a supermarket

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Speaker 1: are some kind the business at people looting, you know,

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Speaker 1: and made me think, okay, what about the looting thing?

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Speaker 1: You know what's going on with that? You know? What

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Speaker 1: if I had a business or too business. And I

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Speaker 1: saw these white guys who swas stickers coming down because

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Speaker 1: somebody got shot, and now they want to just blow

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Speaker 1: my building up. But God forbid those kinds of things.

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Speaker 1: What's called andrew a telephone numbers will be monitored and recorded.

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Speaker 1: I had a friend I was talking to the other day.

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Speaker 1: We were talking about this, and I said this friend,

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Speaker 1: I say, you know what, if all these racial backgrounds

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Speaker 1: were out there with the protesters, it would be someone

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Speaker 1: who would say, you know what, man, that's that's my

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Speaker 1: uncle's business right there. You know that that Asian person

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Speaker 1: would say, that's my uncle's business. Are some person from

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Speaker 1: another country would say, my parents go here all the time.

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Speaker 1: But when you are so separated from society and you

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Speaker 1: have a business out there you were, it don't matter.

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Speaker 1: It doesn't matter no more. I'm upset, I'm mad. It

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Speaker 1: doesn't matter no more. But I also think that there

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Speaker 1: is a lot of people in those groups just wanting

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Speaker 1: to see fires. Oh, they want to see fires, you know,

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Speaker 1: they want for July to be that night tomorrow. I

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Speaker 1: think his agitation, I take hands everything to do with

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Speaker 1: agitating the problem, instigating, agitating, organizing this mass way of

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Speaker 1: exerting or bringing attention to what's going on based on

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Speaker 1: righteous anger. I don't know if it's righteous anger. I

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Speaker 1: think it's angered that that cannot be controlled at that moment,

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Speaker 1: it cannot be controlled. This is not just America. This

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Speaker 1: is where rosen uh injustice. You know, cities go up,

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Speaker 1: go up, in flames. Just one of those things that

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Speaker 1: is not unique to American society. It happens. I don't

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Speaker 1: know the source of why all that happens. I just

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Speaker 1: know that it's not exclusive American that people get mad

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Speaker 1: and then burn up someone else's business or tip over

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Speaker 1: cars are set fire too, cop cars, and this is

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Speaker 1: not unique. But I know it's that. I know it's agitated.

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Speaker 1: I know it's by agitations. The Black Lives Matter movement

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Speaker 1: penetrated the prison. Do you guys talk about that movement.

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Speaker 1: This is what I'm hearing when I hear them speak,

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Speaker 1: and they speak to me too. I just want to

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Speaker 1: make sure that you know that what I'm hearing them

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Speaker 1: say is that cut it out. You're killing us and

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Speaker 1: we're not being seen being killed. Our lives matter, so

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Speaker 1: we know everyone else's lives matter. But this is straight

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Speaker 1: out murder here and my brother's being killed because of that,

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Speaker 1: and my sisters being killed for that. That is not

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Speaker 1: about everyone dying. That's about black people dying and black

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Speaker 1: people experienced with cops. They're being killed. That's what I'm hearing.

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Speaker 1: But in my overall view of this is almost like

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Speaker 1: for me, it's almost saying that somehow you're going to

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Speaker 1: have to make a bridge to include other people for

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Speaker 1: his poor people or whatever, it has to have his bridge.

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Speaker 1: And I remember that. I'm thinking about it when Mark

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Speaker 1: Dr King he walked across the bridge and he had

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Speaker 1: more than just black folk walking with him, and that

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Speaker 1: made a difference. You know, if it would have been

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Speaker 1: all black folks crossing that bridge, I don't think it

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Speaker 1: would have had the same effect. But that's happening now.

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Speaker 1: That's what blows me away. That is what I'm saying.

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Speaker 1: I mean, literally, I'm seeing these white young kids getting

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Speaker 1: shot with tear gas. I'm seeing them being arrested, I'm

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Speaker 1: seeing them laying out in the streets sacrificing their bodies,

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Speaker 1: and they're saying in very clear terms, black lives matter.

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Speaker 1: They're saying it for many of my belief they're saying

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Speaker 1: it because that's why they're there. Black lives matter because

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Speaker 1: that could have been my brother, that could have been

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Speaker 1: my sister, and I don't know if it's not going

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Speaker 1: to be my brother, and if it's not going to

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Speaker 1: be my sister. Black lives matter because we are the

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Speaker 1: ones that I have to say something. We are the

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Speaker 1: ones who have to bring to light what's going on

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Speaker 1: about young men, black men, black people being killed. It

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Speaker 1: has to matter. If somebody needs to know that, it matters.

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Speaker 1: So that's what I think about that. In lieu of

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Speaker 1: our regularly scheduled programming, Jarvis and I will be reading

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Speaker 1: the names and stories of the men of color who

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Speaker 1: had been sentenced to death and since two thousand ten,

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Speaker 1: were subsequently found to be innocent and released from jail.

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Speaker 1: A regularly scheduled show will drop First Thing Tomorrow in

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Speaker 1: which Jervis will talk more about his very personal opinion

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Speaker 1: on Campa punishment and what it feels like from the inside.

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Speaker 1: In addition, we'll hear from esteemed Buddhist teacher and bestselling

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Speaker 1: author Pea Children. The criteria for inclusion in the Death

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Speaker 1: Penalty Information Center list are threefold. After being sentenced to death,

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Speaker 1: he or she must have a been acquitted of all

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Speaker 1: charges related to the crime that placed them on death row,

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Speaker 1: or b had all charges related to the crime that

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Speaker 1: placed them on death row dismissed by prosecution or the courts,

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Speaker 1: or see been granted a complete pardon based on the

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Speaker 1: evidence of innocence. Afthony Graves became a freeman. Anthony was

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Speaker 1: convicted in nine four of assisting Robert Carter in multiple murders.

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Speaker 1: Not only did the prosecutors elicit false statements and withhold

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Speaker 1: testimony that could have influenced the jurors, Carter himself testified

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Speaker 1: that he lied about Anthony's participation in the crimes. Sixteen

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Speaker 1: years were lost. Reginald Griffith became a freeman. In Reginald

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Speaker 1: had been sentenced to death for the murder of a

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Speaker 1: fellow inmate in nineteen eighty three, but not unlike Jarvis's case,

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Speaker 1: it was found out that not only did the state

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Speaker 1: withhold critical evidence, but his conviction relied on the testimony

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Speaker 1: of to jail how snitches who received benefits for their testimony,

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Speaker 1: and his two co defendants said Reginald was not involved.

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Speaker 1: He lost thirty years in prison. Brothers Henry McCollum and

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Speaker 1: Leon Brow became free. Henry was nineteen and Leon was

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Speaker 1: fifteen when they confessed to the rape and murder of

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Speaker 1: an eleven year old girl. Both men are intellectually disabled

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Speaker 1: and said they were unaware they were signing a confession.

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Speaker 1: They maintained their innocence from the start. They were freed

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Speaker 1: after thirty years based on DNA evidence. Brothers Wiley and

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Speaker 1: Ronnie Brickless and Rickie Jacksons became free in fourteen. They

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Speaker 1: were all convicted of a nineteen seventy five murder based

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Speaker 1: on the testimony of a twelve year old boy who

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Speaker 1: later recanted his testimony and who now has said he

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Speaker 1: did not witness the crime at all. Several people confirmed

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Speaker 1: that the boy was on the school bus at the

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Speaker 1: time of the crime. No other evidence linked the men

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Speaker 1: to the murder. Almost forty years lost, Anthony Ray Hinton

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Speaker 1: became a free man in Anthony was convicted of the

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Speaker 1: nineteen murders of two fast food restaurant managers based on

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Speaker 1: the testimony of a state forensic examiner that the bullets

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Speaker 1: and the two murderers came from the gun found in

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Speaker 1: Hinton's house. The prosecutor, who had a documented history of

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Speaker 1: racial bias said he could tell Hinton was guilty and

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Speaker 1: evil just by looking at him. In the U. S.

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Speaker 1: Supreme Court unanimously held that Hinton had been provided substandard

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Speaker 1: representation and returned his case to the state's courts. New

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Speaker 1: experts said they could not link the bullets to Hinton's gun,

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Speaker 1: and he was released after nearly thirty years. Alph Brown

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Speaker 1: became amen. Alfred had been wrongfully convicted and sentenced to

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Speaker 1: death in two thousand five for the murders of a

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Speaker 1: Houston police officer and as store clerk during a robbery,

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Speaker 1: despite the fact there was no physical evidence tying him

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Speaker 1: to the crime, and he said he had been at

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Speaker 1: his girlfriend's home at the time of the murder. Alfred's

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Speaker 1: girlfriend corroborated his alibi, but reversed her testimony after being

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Speaker 1: badgered by the grand jury foreman and jailed for seven

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Speaker 1: weeks under threat of perjury. The court overturned Brown's conviction

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Speaker 1: because prosecutors withheld a phone record that supported Brown's alibi,

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Speaker 1: and said that the phone record had been inadvertently misplaced.

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Speaker 1: Daia McCoy became a free man in Isaiah had been

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Speaker 1: convicted and sentenced to death in despite the fact that

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Speaker 1: there was no physical evidence linking Isaiah to the murder,

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Speaker 1: and that two alleged accomplices had given contradictory testimony. The

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Speaker 1: court overturned his conviction in as a result of prosecutorial

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Speaker 1: misconduct in which the trial prosecutor belittled him in front

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Speaker 1: of the jury for choosing to represent himself, made intimidating

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Speaker 1: comments during a break in proceedings, then lied to the

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Speaker 1: judge about having made those comments. Roddricus Crawford became a

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Speaker 1: free man in seventeen. Rodriquez had been sentenced to death

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Speaker 1: in twelve on charges he suffocated his one year old son,

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Speaker 1: despite the fact that the autopsy results showed pervasive bronco

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Speaker 1: pneumonia in the baby's lungs and sepsis in his blood.

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Speaker 1: The prosecuting attorney, Dale Cox had unconstitutionally struck black jurors

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Speaker 1: on the basis of race, and wrote an internal memo

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Speaker 1: inten stating that Rodriquez quote deserves as much physical suffering

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Speaker 1: as it is humanly possible to endure before he dies.

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Speaker 1: New evidence proved the baby died of natural causes. Real

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Speaker 1: Daniel Right Junior became a free man sentenced in the

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Speaker 1: Court unanimously vacated Ralph can victions for the murders of

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Speaker 1: his ex girlfriend and their son, ruling that the quote

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Speaker 1: purely circumstantial evidence against him was insufficient to convict. The

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Speaker 1: concurring opinion held that quote no rational trier of fact

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Speaker 1: could have found beyond a reasonable doubt that Right was

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Speaker 1: the killer. Gabriel Plachi became a free man in a

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Speaker 1: disgraced Chicago detective told bald face lies under oath when

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Speaker 1: he testified having no memory of interrogating Gabriel and denied

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Speaker 1: having beaten false confessions out of him for two stabbing deaths.

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Speaker 1: No physical or biological evidence linked Gabriel to the murder,

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Speaker 1: and he was convicted upon coerced confessions, deprived of sleep,

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Speaker 1: and given little food or drink until he falsely implicated

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Speaker 1: himself almost twenty years lost of vets, became a free man.

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Speaker 1: Vincente was wrongly convicted and sentenced to death in on

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Speaker 1: charges that he had raped, ainally, sodomized, and murdered his

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Speaker 1: girlfriend's twenty one month daughter. The California Supreme Court had

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Speaker 1: granted the former farm worker a new trial, calling his

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Speaker 1: convictions a product of extensive, pervasive impactful and false forensic testimony.

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Speaker 1: The court concluded the girl had never been sexually assaulted

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Speaker 1: and may actually have died from being hit by a car.

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Speaker 1: He lost twenty five years behind bars. However, Aguers became

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Speaker 1: a freeman with newly discovered confessions in DNA evidence pointing

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Speaker 1: to the prosecution's chief witness as the actual killer. Prosecutors

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Speaker 1: dropped all charges against Clemente, convicted and sentenced to death

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Speaker 1: in two thousand six of the murder of two neighbors

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Speaker 1: twelve years lost, Clifford William Jr. Became a freeman. Of

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Speaker 1: twenty nineteen, Clifford and his nephew were wrongfully convicted of murder,

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Speaker 1: and he was sentenced to death. Forty two years later,

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Speaker 1: he was exonerated. Defense counsel ignored forty alibi witnesses, whom

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Speaker 1: Clifford had indicated would be able to testify that he'd

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Speaker 1: been next door at the birthday party at the time

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Speaker 1: of the shooting. The defense presented no witnesses. Prosecutors eventually

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Speaker 1: dismissed all charges after they found quote no credible evidence

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Speaker 1: of guilt and credible evidence of innocence. Charles Race fifth

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Speaker 1: became a freemier just last year. He was convicted and

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Speaker 1: sentenced to death in nineteen seventy six based on false

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Speaker 1: forensic testimony and eyewitness identification manipulated by police misconduct. Three

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Speaker 1: alibi witnesses testified that Charles had been playing poker with

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Speaker 1: them at the time of the shooting. Several witnesses for

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Speaker 1: the prosecution later indicated that they had been pressured into

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Speaker 1: providing false testimony implicating Finch. On January nineteen, the U

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Speaker 1: s Court of Appeals for the Fourth Circuit found Finch

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Speaker 1: actually innocent of the murder, and in May of last year,

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Speaker 1: the Federal District Court ordered the eighty one year old

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Speaker 1: to be released. Forty four years lost, Paul Browny became

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Speaker 1: a free man this year. He was convicted and sentenced

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Speaker 1: to death in nineteen eighty six for the robbery and

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Speaker 1: murder of a Las Vegas jeweler. Paul was represented by

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Speaker 1: a trial lawyer who had been practicing criminal defense for

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Speaker 1: less than one year and failed to interview the police

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Speaker 1: who responded to the scene examined the evidence against Paul

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Speaker 1: or investigate the crime. In his post conviction appeal, defense

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Speaker 1: presented evidence that the police and prosecutors had withheld evidence

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Speaker 1: of a bloody footprint found at the scene that did

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Speaker 1: not match his shoes or foot size, misrepresented blood evidence

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Speaker 1: in the case, manipulated eyewitness testimony, and failed to disclose

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Speaker 1: the benefits it offered to a key witness who may

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Speaker 1: have committed the murder and framed Paul. A white witness

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Speaker 1: who worked near the crime scene told police she had

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Speaker 1: seen a man run by after the murder thought it

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Speaker 1: could have been Paul, but when the police asked if

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Speaker 1: she could be more sure about whom she'd seen, she said, quote, no,

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Speaker 1: I don't think so. No, they all looked the same,

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Speaker 1: and that's just what I think when I see a

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Speaker 1: black person, they all look the same. Though at trial,

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Speaker 1: she unhesitating Lee testified that Browning was the man she

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Speaker 1: had seen. In March nineteen, charges were dismissed. More than

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Speaker 1: thirty years lost. Black lives matter. Black and brown lives

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Speaker 1: are vital and indispensable to a better union. The Death

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Speaker 1: Penalty Information Center as a national nonprofit organization serving the

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Speaker 1: media and the public with analysis and information on issues

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Speaker 1: concerning capital punishment. To learn more about the work they

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Speaker 1: do and support their cause, please visit Death Penalty Info

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Speaker 1: dot org. Today's episode was written and produced by Donni

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Speaker 1: Fazzari and myself. Cornicole are themes song Sentence as compliments

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Speaker 1: of the band Stick Figure from their album Set in Stone.

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Speaker 1: Stu Sternbach has composed the original music. Nate Defort did

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Speaker 1: the sound design. If you'd like to learn more about

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Speaker 1: Jarvis and support his cause, please visit free Jarvis dot org.

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Speaker 1: As a reminder, Episode five of Dear Governor drops tomorrow morning.

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Speaker 1: For more podcasts from my Heart Radio, visit the I

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Speaker 1: Heart Radio app, Apple Podcasts, or wherever you listen to

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Speaker 1: your favorite shows. Black and Brown Lives Matter. They're so

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Speaker 1: important for black and brown I do, I do. I

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Speaker 1: can go there. I can really go there. I know

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Speaker 1: you can. I have no doubt. Good stuff