1 00:00:03,320 --> 00:00:07,440 Speaker 1: On March eighth, nineteen ninety eight, seventeen year old Oscar 2 00:00:07,560 --> 00:00:10,400 Speaker 1: Eagle was shot in the leg in Los Angeles' Peico 3 00:00:10,600 --> 00:00:15,520 Speaker 1: Union neighborhood. Six days later, sixteen year old Benjamin Eureus 4 00:00:15,760 --> 00:00:19,880 Speaker 1: was also shot, a non fatal wound that police believed 5 00:00:19,960 --> 00:00:26,920 Speaker 1: was in retaliation for Oscar's shooting. Soon police arrested Oscar Eagle, 6 00:00:27,640 --> 00:00:31,320 Speaker 1: but the charges were dropped when Eureus failed to appear 7 00:00:31,480 --> 00:00:37,360 Speaker 1: in court. Then something changed. Eureas suddenly became confident that 8 00:00:37,560 --> 00:00:41,559 Speaker 1: Oscar was the shooter, even though he'd always said the 9 00:00:41,640 --> 00:00:46,159 Speaker 1: gunman had run to and from the car. But with 10 00:00:46,280 --> 00:00:50,559 Speaker 1: Oscar's debilitating leg injury, could he really have done that? 11 00:00:51,760 --> 00:01:01,360 Speaker 1: This is wrongful conviction. The Fox Foundation is proud to 12 00:01:01,360 --> 00:01:04,960 Speaker 1: support this episode of wrongful conviction and the work of 13 00:01:05,040 --> 00:01:08,880 Speaker 1: After Innocence, a nonprofit that helps hundreds of people nationwide 14 00:01:08,880 --> 00:01:13,800 Speaker 1: rebuild their lives after wrongful incarceration. Each year, innocent people 15 00:01:13,880 --> 00:01:17,319 Speaker 1: are released after spending years behind bars for crimes they 16 00:01:17,319 --> 00:01:20,800 Speaker 1: didn't commit. Nearly all of them leave prison with nothing 17 00:01:20,800 --> 00:01:23,320 Speaker 1: more than the clothes on their backs, with no help 18 00:01:23,440 --> 00:01:26,240 Speaker 1: or compensation from the state, as they face the steep 19 00:01:26,360 --> 00:01:31,200 Speaker 1: challenges of rebuilding their lives after wrongful imprisonment. After Innocence 20 00:01:31,319 --> 00:01:35,640 Speaker 1: is changing that After Innocence helps exoneries get and make 21 00:01:35,680 --> 00:01:39,440 Speaker 1: good use of essential services like health care, dental care, 22 00:01:39,640 --> 00:01:44,240 Speaker 1: mental health support, legal aid, financial counseling, and more. Since 23 00:01:44,319 --> 00:01:47,760 Speaker 1: twenty sixteen, they've brought that help to more than eight 24 00:01:47,880 --> 00:01:52,800 Speaker 1: hundred exoneries across forty six states, working tirelessly to ensure 25 00:01:52,840 --> 00:01:56,920 Speaker 1: that no one released after wrongful incarceration is left behind. 26 00:01:57,280 --> 00:02:01,760 Speaker 1: Learn more at After Dash Innocence Ditte and join After 27 00:02:01,840 --> 00:02:14,960 Speaker 1: Innocence to support exoneries as they rebuild their lives. Welcome 28 00:02:15,000 --> 00:02:18,680 Speaker 1: back to Wrongful Conviction. I'm your host, Lauren Bright Pacheco, 29 00:02:19,080 --> 00:02:21,080 Speaker 1: and I'm so glad to be back for another season. 30 00:02:21,600 --> 00:02:24,000 Speaker 1: And we're starting off in Los Angeles in the late 31 00:02:24,080 --> 00:02:28,120 Speaker 1: nineteen nineties, a time to find by gang hysteria and 32 00:02:28,160 --> 00:02:32,720 Speaker 1: the sweeping mass incarceration that followed. Joining me today is 33 00:02:32,760 --> 00:02:36,240 Speaker 1: someone who lived through it as a kid, Oscar Eagle. 34 00:02:36,840 --> 00:02:41,080 Speaker 1: Oscar welcome, thank you, and to help tell the story. 35 00:02:41,200 --> 00:02:46,720 Speaker 1: His attorney from California Innocence Advocates, Megan Bacha welcome, thank you. 36 00:02:47,240 --> 00:02:50,079 Speaker 1: So Oscar grew up in the eighties and the nineties 37 00:02:50,200 --> 00:02:52,960 Speaker 1: in the Peico Union area of Los Angeles. 38 00:02:53,200 --> 00:02:55,480 Speaker 2: I had two loving parents, had a sister that lived 39 00:02:55,520 --> 00:02:58,760 Speaker 2: with me, and I had a brother that was in 40 00:02:58,840 --> 00:03:01,720 Speaker 2: and out of juvenile hall camp. And she was a 41 00:03:01,760 --> 00:03:03,320 Speaker 2: lot older than me. It was about ten years older 42 00:03:03,360 --> 00:03:07,440 Speaker 2: than me. Yeah, so the family life was comfortable. My 43 00:03:07,560 --> 00:03:09,919 Speaker 2: dad after work, he came straight home and we wait 44 00:03:09,960 --> 00:03:12,800 Speaker 2: at the dinner table in the living room. It was 45 00:03:12,840 --> 00:03:15,200 Speaker 2: a good time growing up in the house. But outside 46 00:03:15,200 --> 00:03:17,600 Speaker 2: of my house was the projects in the Pickle Union. 47 00:03:17,880 --> 00:03:20,440 Speaker 1: Which was the main hangout for a gang called the 48 00:03:20,440 --> 00:03:21,960 Speaker 1: Burlington Locos. 49 00:03:22,280 --> 00:03:25,040 Speaker 2: So I wouldn't stand growing up looking out my window 50 00:03:25,200 --> 00:03:28,320 Speaker 2: watching them, you know, riding on the walls. And I 51 00:03:28,360 --> 00:03:31,880 Speaker 2: love art, you know, I love drawing, and probably like 52 00:03:31,919 --> 00:03:34,760 Speaker 2: ten years old, I got into graffiti that had to 53 00:03:34,840 --> 00:03:36,840 Speaker 2: continued when I got involved with gangs. 54 00:03:37,240 --> 00:03:41,200 Speaker 1: Oscar's graffiti tag was clown and graffiti really was the 55 00:03:41,280 --> 00:03:43,200 Speaker 1: extent of his criminal activity. 56 00:03:43,640 --> 00:03:45,560 Speaker 2: I believe that drew a lot of attention to me. 57 00:03:46,360 --> 00:03:48,680 Speaker 2: Growing up in Pickle Union, I was always getting haarressed 58 00:03:48,720 --> 00:03:51,120 Speaker 2: by these cops. At one time when I was younger, 59 00:03:51,520 --> 00:03:53,720 Speaker 2: the LPD pulled probably about five of us on in 60 00:03:53,760 --> 00:03:57,320 Speaker 2: front of my house and after the cops left. All 61 00:03:57,400 --> 00:03:59,280 Speaker 2: my friends they started to leave. I went back to 62 00:03:59,280 --> 00:04:01,720 Speaker 2: my house, but in front of how some other kids 63 00:04:01,720 --> 00:04:03,640 Speaker 2: that lived in the neighborhood that were not gang members, 64 00:04:04,200 --> 00:04:06,280 Speaker 2: they gather up like about four or five Christmas trees 65 00:04:06,280 --> 00:04:09,240 Speaker 2: and they put it on fire, and the police showed up. 66 00:04:09,360 --> 00:04:11,400 Speaker 2: They took a guest and said, oh, well, Oscar was 67 00:04:11,400 --> 00:04:13,040 Speaker 2: just hanging out in front of the house right here. 68 00:04:13,240 --> 00:04:16,080 Speaker 2: They arrested me and were saying that they watched me 69 00:04:16,120 --> 00:04:18,479 Speaker 2: from across the street burning the Christmas trees. 70 00:04:18,960 --> 00:04:22,080 Speaker 1: So this was the first time that Oscar's alleged gang 71 00:04:22,120 --> 00:04:26,919 Speaker 1: affiliation led to false charges against him. In Los Angeles, 72 00:04:26,920 --> 00:04:30,200 Speaker 1: at the time, there was a specialized unit called CRASH, 73 00:04:30,800 --> 00:04:36,720 Speaker 1: short for Community Resources against Street Hoodlums. But as we've 74 00:04:36,760 --> 00:04:39,960 Speaker 1: seen in other cities with heavy gang policing, when a 75 00:04:40,000 --> 00:04:43,400 Speaker 1: neighborhood is associated with a gang, an alleged member of 76 00:04:43,440 --> 00:04:47,440 Speaker 1: the area's gang will usually be targeted for any crime 77 00:04:47,520 --> 00:04:51,679 Speaker 1: that occurs in the area, innocent or not. And most 78 00:04:51,720 --> 00:04:55,359 Speaker 1: gang members aren't involved in violent crime at all, like 79 00:04:55,560 --> 00:04:59,840 Speaker 1: graffiti artists, but they are painted with the same bra 80 00:05:00,320 --> 00:05:01,200 Speaker 1: criminal brush. 81 00:05:02,200 --> 00:05:03,120 Speaker 3: That's absolutely right. 82 00:05:03,160 --> 00:05:06,400 Speaker 2: You know, if every game member was violent, man, it 83 00:05:06,400 --> 00:05:10,120 Speaker 2: would be super chaotic out there, but it's only a 84 00:05:10,120 --> 00:05:13,920 Speaker 2: small percentage of every gang that has these type of 85 00:05:14,000 --> 00:05:18,040 Speaker 2: individuals that are violent, like social paths or whatever you know. 86 00:05:18,080 --> 00:05:22,400 Speaker 1: All So, while on probation, Oscar was targeted again while 87 00:05:22,440 --> 00:05:25,120 Speaker 1: at his friend Victor's house. There was a party going 88 00:05:25,160 --> 00:05:27,840 Speaker 1: on outside. When LAPD raided the. 89 00:05:27,839 --> 00:05:31,039 Speaker 2: Location, an officer put the flash light on me and 90 00:05:31,080 --> 00:05:34,960 Speaker 2: I heard him say to another officer that clown is 91 00:05:35,040 --> 00:05:37,240 Speaker 2: right here. That's what they used to call me, clown. 92 00:05:37,440 --> 00:05:39,039 Speaker 2: And they cut me up and they told me that 93 00:05:39,080 --> 00:05:42,520 Speaker 2: I was being arrested for violating my probation for hanging 94 00:05:42,560 --> 00:05:45,440 Speaker 2: around with Victor, who is a bursting game member. So 95 00:05:45,600 --> 00:05:47,600 Speaker 2: they cut me up. They threw me in that cop car. 96 00:05:47,760 --> 00:05:50,640 Speaker 2: As soon as we left eighteen and Union. We headed 97 00:05:50,680 --> 00:05:53,520 Speaker 2: down towards Venice and Union, and a guy named one 98 00:05:53,640 --> 00:05:57,920 Speaker 2: Carlos and Martha Torres acrossing the street, and one Carlos 99 00:05:58,000 --> 00:06:01,080 Speaker 2: was a game member from Drifters them up. They opened 100 00:06:01,120 --> 00:06:03,760 Speaker 2: up the truck of the car and they pulled something 101 00:06:03,760 --> 00:06:05,560 Speaker 2: out of the car, but there was a bag of something. 102 00:06:05,600 --> 00:06:08,200 Speaker 2: I don't know if it was marijuana or what, but 103 00:06:08,279 --> 00:06:10,120 Speaker 2: they say you're gonna get arrested. For this, you know, 104 00:06:10,680 --> 00:06:13,440 Speaker 2: you said that shit in minds and they're like, get. 105 00:06:13,279 --> 00:06:13,680 Speaker 3: In the car. 106 00:06:13,880 --> 00:06:17,120 Speaker 2: And there was two eighty street Game members crossing the street. 107 00:06:17,240 --> 00:06:19,840 Speaker 2: They pulled up on them, chased them on foot. They 108 00:06:19,839 --> 00:06:23,000 Speaker 2: grabbed a hold of a guy named Weto and another 109 00:06:23,000 --> 00:06:25,520 Speaker 2: guy out of what the other guy's name was, and 110 00:06:25,880 --> 00:06:27,640 Speaker 2: they threw them in the car. Car with us went 111 00:06:27,640 --> 00:06:29,800 Speaker 2: to the police station. There was a lot of activity 112 00:06:29,800 --> 00:06:32,120 Speaker 2: going on that day. It was a lot of cops everywhere. 113 00:06:32,480 --> 00:06:34,400 Speaker 2: There was a lot of people in there. They were 114 00:06:34,440 --> 00:06:36,679 Speaker 2: interested on the guy from at street, the guy named Wetto, 115 00:06:36,800 --> 00:06:39,600 Speaker 2: and they started talking to him and they were bragging 116 00:06:39,640 --> 00:06:42,159 Speaker 2: about they killed somebody that looked just like him. 117 00:06:42,520 --> 00:06:47,120 Speaker 1: And then Crash Unit Officer Nino Durden threatened Oscar with 118 00:06:47,240 --> 00:06:48,360 Speaker 1: firearm charges. 119 00:06:49,000 --> 00:06:51,440 Speaker 2: Officer Durden, he threw the mem in a room and 120 00:06:51,640 --> 00:06:53,200 Speaker 2: started to tell me that I was gonna go down 121 00:06:53,240 --> 00:06:55,560 Speaker 2: for some guns and that IU. I guess he wanted 122 00:06:55,560 --> 00:06:57,680 Speaker 2: me to admit the guns or something like that. And 123 00:06:57,839 --> 00:06:59,760 Speaker 2: I was like, I'm gonna do that. Man like man, 124 00:06:59,800 --> 00:07:02,279 Speaker 2: you me for violation probation, Just take me in and ready, 125 00:07:02,880 --> 00:07:05,920 Speaker 2: and I went to juvenile hall. Actually got convicted for 126 00:07:05,960 --> 00:07:09,160 Speaker 2: the gut charge. I got out of camp around October 127 00:07:09,200 --> 00:07:11,800 Speaker 2: of nineteen ninety seven. I believe I was trying to 128 00:07:11,840 --> 00:07:16,200 Speaker 2: be more mature at that time. I kept my routine up, exercising, 129 00:07:16,360 --> 00:07:19,560 Speaker 2: going to school, going to my community service. And on 130 00:07:19,680 --> 00:07:22,560 Speaker 2: March eighth, it was my niece's birthday. We celebrated her 131 00:07:22,600 --> 00:07:26,000 Speaker 2: birthday at my house. After that party, Bortom said it 132 00:07:26,320 --> 00:07:26,880 Speaker 2: and I said, you know. 133 00:07:26,840 --> 00:07:28,480 Speaker 3: What I'm gonna. I'm gonna go to Peak Co Union. 134 00:07:28,720 --> 00:07:31,600 Speaker 2: I took the bus to Pickle Union and I started 135 00:07:31,640 --> 00:07:34,280 Speaker 2: walking looking for the guys, and I couldn't find nobody 136 00:07:34,280 --> 00:07:36,600 Speaker 2: from the neighborhood. So I started walking towards the bus 137 00:07:36,600 --> 00:07:39,120 Speaker 2: stop on Pickle and Union to go home in Easter Day. 138 00:07:39,760 --> 00:07:41,840 Speaker 2: And so when I was walking over there, a car 139 00:07:41,920 --> 00:07:45,840 Speaker 2: pulled up and started shooting at me and immediately hit 140 00:07:45,920 --> 00:07:46,600 Speaker 2: me in my calf. 141 00:07:47,240 --> 00:07:50,920 Speaker 1: Oscar turned eighteen two days after he was shot, and 142 00:07:50,960 --> 00:07:53,720 Speaker 1: the wound made it very difficult for him to walk, 143 00:07:53,920 --> 00:07:58,080 Speaker 1: let alone run, which became a very important fact on 144 00:07:58,160 --> 00:08:01,680 Speaker 1: March fourteenth, when a sixteen year old kid named Benjamin 145 00:08:01,800 --> 00:08:03,720 Speaker 1: Urius was also shot. 146 00:08:04,600 --> 00:08:07,640 Speaker 4: So Arias was a sixteen year old kid who was 147 00:08:07,840 --> 00:08:11,320 Speaker 4: just walking in the Pico Union neighborhood of Los Angeles 148 00:08:11,400 --> 00:08:15,240 Speaker 4: and a car pulled up. He says that somebody jumped 149 00:08:15,240 --> 00:08:18,520 Speaker 4: out of the back seat yelled Burlington Locals, which is 150 00:08:18,600 --> 00:08:21,760 Speaker 4: the name of the local gang and one that Oscar 151 00:08:21,960 --> 00:08:25,720 Speaker 4: was associated with. He said that the shooter took off running, 152 00:08:25,720 --> 00:08:29,800 Speaker 4: which is important, chased after Arias. Arias went to hide 153 00:08:29,840 --> 00:08:33,520 Speaker 4: under a nearby vehicle. Ultimately, several shots went off and 154 00:08:33,640 --> 00:08:36,959 Speaker 4: one grazed Arisa's chest, in another his leg, and then 155 00:08:37,000 --> 00:08:40,680 Speaker 4: the shooter ran back to the car. Again important considering 156 00:08:40,679 --> 00:08:43,400 Speaker 4: that Oscar was incapable of running. 157 00:08:43,200 --> 00:08:46,160 Speaker 1: Because you're on crutches, right it went into your calf. 158 00:08:46,360 --> 00:08:47,880 Speaker 1: The bullet was still lodged there. 159 00:08:48,440 --> 00:08:49,800 Speaker 3: Yeah, it was still lodge right there. 160 00:08:50,040 --> 00:08:53,360 Speaker 4: And Arias originally told responding officers that the shooter was 161 00:08:53,400 --> 00:08:56,960 Speaker 4: wearing shorts. Oscar also had a drain on his legs 162 00:08:57,080 --> 00:08:59,640 Speaker 4: where the blood was draining out from the bullet wound, 163 00:09:00,200 --> 00:09:03,320 Speaker 4: and Rhea said that he didn't notice anything on the 164 00:09:03,360 --> 00:09:06,800 Speaker 4: shooter's leg on the strain would have been very visible. 165 00:09:07,520 --> 00:09:12,880 Speaker 1: But despite these disqualifying elements, they contacted Oscar under the 166 00:09:12,920 --> 00:09:15,679 Speaker 1: auspices of his own debilitating shooting. 167 00:09:16,280 --> 00:09:19,800 Speaker 2: March fifteen, I get a call from Detective Caserras. And 168 00:09:19,880 --> 00:09:22,120 Speaker 2: I told you guys already that I didn't see who 169 00:09:22,160 --> 00:09:23,880 Speaker 2: shot me. I don't have nothing else to say to 170 00:09:23,880 --> 00:09:25,559 Speaker 2: you guys. He goes, well, we need to close that 171 00:09:25,679 --> 00:09:28,040 Speaker 2: case up and we need you to pretty much like 172 00:09:28,080 --> 00:09:30,360 Speaker 2: sign off on it or something like that. And then 173 00:09:30,400 --> 00:09:32,600 Speaker 2: on March seventeen, he showed up right away. He looked 174 00:09:32,640 --> 00:09:34,600 Speaker 2: at my leg and seeing that I was on crutches, 175 00:09:34,679 --> 00:09:36,959 Speaker 2: and he's like, hey, you can't walk, and I go, nah, 176 00:09:37,480 --> 00:09:38,920 Speaker 2: could you put your foot to the floor And I 177 00:09:38,920 --> 00:09:41,560 Speaker 2: said nah, my calf locked and I wasn't able to 178 00:09:41,640 --> 00:09:44,200 Speaker 2: stretch my leg or nothing. He told me, hey, you 179 00:09:44,240 --> 00:09:46,720 Speaker 2: know Junior from at Street and I was like no, 180 00:09:47,080 --> 00:09:48,240 Speaker 2: and he goes, well, he knows you. 181 00:09:48,600 --> 00:09:51,679 Speaker 1: The guy he's calling Junior is Benjamin. 182 00:09:51,320 --> 00:09:54,480 Speaker 3: Yeah, yes, yes, And I was like, maybe I do 183 00:09:54,600 --> 00:09:55,200 Speaker 3: know him. I don't know. 184 00:09:55,520 --> 00:09:57,360 Speaker 2: I grew up right there in people in Union. Maybe 185 00:09:57,400 --> 00:09:59,880 Speaker 2: I don't know him personally. Maybe we see each other around. 186 00:10:00,080 --> 00:10:02,000 Speaker 2: So he's like, well, he's saying that you shot up. 187 00:10:02,040 --> 00:10:04,960 Speaker 2: I go, don't know what it's talking about. So he 188 00:10:05,040 --> 00:10:07,040 Speaker 2: was like, I don't think he did, because I'm looking 189 00:10:07,040 --> 00:10:09,000 Speaker 2: at your leg and I don't think you're capable of 190 00:10:09,000 --> 00:10:09,560 Speaker 2: doing this crime. 191 00:10:09,920 --> 00:10:13,520 Speaker 1: It later became clear that neither did the victim, Benjamin Urias, 192 00:10:13,960 --> 00:10:17,760 Speaker 1: but Oscar was affiliated with the Burlington Locos, so they 193 00:10:17,800 --> 00:10:21,320 Speaker 1: brought him in anyway, and he told them exactly where 194 00:10:21,360 --> 00:10:24,400 Speaker 1: he was during the shooting at the hospital with his 195 00:10:24,440 --> 00:10:28,000 Speaker 1: friend Becky Chavez, whose friend Susie had gone into an 196 00:10:28,000 --> 00:10:29,920 Speaker 1: early and false labor. 197 00:10:30,520 --> 00:10:33,199 Speaker 2: I went to the hospital like all day. I remember 198 00:10:33,280 --> 00:10:35,920 Speaker 2: going back and forth to drink water. I remember the 199 00:10:35,920 --> 00:10:38,000 Speaker 2: camera being right above the water, found it and then 200 00:10:38,080 --> 00:10:41,280 Speaker 2: the security I remember him being a short black officer, 201 00:10:41,520 --> 00:10:43,280 Speaker 2: So I was like, go talk to that security guard, 202 00:10:43,320 --> 00:10:45,240 Speaker 2: go get the camera right there, and didn't do none 203 00:10:45,240 --> 00:10:48,160 Speaker 2: of that. They called Becky Chavis, who I was with 204 00:10:48,200 --> 00:10:51,240 Speaker 2: that night, so she got down there. They put Becky 205 00:10:51,240 --> 00:10:54,559 Speaker 2: in a room, they questioned her, and she just verified 206 00:10:54,679 --> 00:10:56,520 Speaker 2: the same thing that I told him, and they came 207 00:10:56,559 --> 00:10:59,240 Speaker 2: out and they put me in front of her and 208 00:10:59,280 --> 00:11:01,640 Speaker 2: they asked me, you better say you did it, because 209 00:11:01,760 --> 00:11:03,719 Speaker 2: if not, Becky, job is going to go down for 210 00:11:03,800 --> 00:11:06,200 Speaker 2: this tool. And I was like, man, why are you 211 00:11:06,200 --> 00:11:08,839 Speaker 2: doing this to us? She told me like, don't listen 212 00:11:08,840 --> 00:11:12,600 Speaker 2: to these cops, you know. So I told Becky, Becky, sorry, 213 00:11:12,679 --> 00:11:14,840 Speaker 2: you're gonna have to get arrested too, because you know 214 00:11:14,960 --> 00:11:16,480 Speaker 2: I didn't I didn't do this crime. 215 00:11:17,320 --> 00:11:19,960 Speaker 3: And then I've seen her walk out, and then. 216 00:11:19,800 --> 00:11:21,600 Speaker 2: It took me a week or two to get a 217 00:11:21,640 --> 00:11:24,440 Speaker 2: public defender to come visit me at the Ali County. 218 00:11:24,760 --> 00:11:26,120 Speaker 2: It's one of the first things I told him, Man, 219 00:11:26,120 --> 00:11:29,080 Speaker 2: go get the footage from the hospital. And my first 220 00:11:29,080 --> 00:11:31,680 Speaker 2: two courts, I was going in crutches. And then on 221 00:11:31,720 --> 00:11:33,920 Speaker 2: the third court day the case got. 222 00:11:33,800 --> 00:11:36,320 Speaker 1: Dismissed because Junior didn't show up. 223 00:11:36,640 --> 00:11:37,440 Speaker 3: He didn't show up. 224 00:11:53,400 --> 00:11:56,680 Speaker 1: In order to indict Oscar again, they were gonna need 225 00:11:56,679 --> 00:12:00,960 Speaker 1: the victims cooperation. But there's a record of this new 226 00:12:01,040 --> 00:12:05,080 Speaker 1: interaction with ben Urius which appears to shed light on 227 00:12:05,280 --> 00:12:08,319 Speaker 1: why he hadn't shown up to the prior court proceedings 228 00:12:08,679 --> 00:12:11,520 Speaker 1: and also why he was now open to suggestion. 229 00:12:12,040 --> 00:12:14,480 Speaker 4: So we don't have a recording of the first lineup, 230 00:12:14,520 --> 00:12:17,840 Speaker 4: and we don't know precisely what happened there, but it's 231 00:12:17,920 --> 00:12:20,840 Speaker 4: really clear from the recording of the second lineup that 232 00:12:20,960 --> 00:12:24,920 Speaker 4: police definitely pushed Areas into selecting Oscar. 233 00:12:25,679 --> 00:12:29,320 Speaker 1: Ureus also repeatedly asked if they were going to help 234 00:12:29,400 --> 00:12:33,400 Speaker 1: him on his other case, and six times the new detectives, 235 00:12:33,600 --> 00:12:36,880 Speaker 1: Muriel and Wiseman, assured him they'd get him on home 236 00:12:36,960 --> 00:12:42,400 Speaker 1: confinement instead of juvenile camp. Interestingly, these new detectives were 237 00:12:42,400 --> 00:12:46,120 Speaker 1: from the homicide unit, even though this wasn't a homicide. 238 00:12:46,559 --> 00:12:49,720 Speaker 1: They asked Ureus if he knew his shooter's name, and 239 00:12:49,920 --> 00:12:54,880 Speaker 1: Urreus said, quote, they said, Oscar Eagle. Then he's shown 240 00:12:54,920 --> 00:12:59,360 Speaker 1: a lineup with Oscar in position four. Urreus denied recognizing 241 00:12:59,400 --> 00:13:04,520 Speaker 1: his shooter. Detective Muriel urged him, quote, take a closer 242 00:13:04,600 --> 00:13:10,120 Speaker 1: look at it there. Again, Urius didn't make an identification silence. 243 00:13:10,679 --> 00:13:15,280 Speaker 1: Then Uria says, quote looks sort of looks. Murl cut 244 00:13:15,360 --> 00:13:17,720 Speaker 1: him off, quote like number four. 245 00:13:18,400 --> 00:13:21,640 Speaker 4: And then Oria says the number that they had pointed 246 00:13:21,679 --> 00:13:24,840 Speaker 4: to that the police pointed to in the lineup. I 247 00:13:24,880 --> 00:13:27,640 Speaker 4: don't know why they were so focused on Oscar or 248 00:13:27,720 --> 00:13:33,280 Speaker 4: why police didn't bother investigating other alternative suspects, but it 249 00:13:33,320 --> 00:13:36,000 Speaker 4: seems that once they had their eyes set on Oscar, 250 00:13:36,360 --> 00:13:40,120 Speaker 4: they just weren't going to take anything else other than Oscar. 251 00:13:40,760 --> 00:13:43,440 Speaker 1: So, you know, just to show how crazy this was 252 00:13:43,559 --> 00:13:47,080 Speaker 1: at the time of your trial, forget about Becky, They've 253 00:13:47,200 --> 00:13:51,520 Speaker 1: pulled in another woman randomly a young woman named Martha 254 00:13:51,559 --> 00:13:54,800 Speaker 1: Torres who's twenty years old, just happened to be from 255 00:13:54,960 --> 00:13:59,120 Speaker 1: the neighborhood. And now they're claiming that she was driving 256 00:13:59,200 --> 00:14:04,439 Speaker 1: the car that you were in the night Junior was shot. 257 00:14:04,640 --> 00:14:09,120 Speaker 1: And now they twisted so that the motive is that 258 00:14:09,640 --> 00:14:14,880 Speaker 1: you're shooting Junior in retaliation for you being shot, and 259 00:14:14,920 --> 00:14:19,240 Speaker 1: that Torres is motivated by the fact that her brother 260 00:14:19,400 --> 00:14:23,280 Speaker 1: was murdered by a member of the same rival gang, 261 00:14:24,160 --> 00:14:26,000 Speaker 1: and none of it's true. 262 00:14:25,760 --> 00:14:28,080 Speaker 2: And her brother was not even a Births and Game member. 263 00:14:28,520 --> 00:14:31,440 Speaker 2: Her brother was from another different gang called Drifters, but 264 00:14:31,720 --> 00:14:33,840 Speaker 2: they made it seem like he was from a neighborhood too, 265 00:14:33,840 --> 00:14:35,120 Speaker 2: and I was like, oh man, this guy's not even 266 00:14:35,120 --> 00:14:35,880 Speaker 2: from my neighborhood. 267 00:14:36,000 --> 00:14:40,120 Speaker 1: And then the saddest part is she, like you, is 268 00:14:40,200 --> 00:14:44,320 Speaker 1: completely innocent, but they talk her into taking a plea 269 00:14:44,360 --> 00:14:46,200 Speaker 1: deal for five years. 270 00:14:46,480 --> 00:14:49,479 Speaker 4: Yeah, Miss Torres, I think made the right decision. Unfortunately, 271 00:14:49,560 --> 00:14:52,360 Speaker 4: even though she was innocent, because she was facing life 272 00:14:52,360 --> 00:14:54,280 Speaker 4: as well, I mean, she could have ended up doing 273 00:14:54,600 --> 00:14:57,520 Speaker 4: more than twenty six years like Oscar as well. So 274 00:14:57,560 --> 00:15:01,960 Speaker 4: she began trial with Oscar. Part Way through the beginning 275 00:15:02,000 --> 00:15:05,360 Speaker 4: of trial, she separately took a plea deal, and the 276 00:15:05,480 --> 00:15:08,480 Speaker 4: judge had to instruct the jury that they weren't supposed 277 00:15:08,520 --> 00:15:11,760 Speaker 4: to draw any conclusions. By Miss Torres no longer being 278 00:15:11,840 --> 00:15:15,680 Speaker 4: part of Oscar's trial. You know, Miss Torres still maintains 279 00:15:15,680 --> 00:15:18,360 Speaker 4: her innocence and there was no evidence against her. She 280 00:15:18,480 --> 00:15:20,800 Speaker 4: had never driven, she didn't have a driver's license, she 281 00:15:20,800 --> 00:15:25,040 Speaker 4: didn't know how to drive. Her friend's father happened to 282 00:15:25,120 --> 00:15:28,240 Speaker 4: own a vehicle that looked similar to the one Areas described. 283 00:15:28,400 --> 00:15:28,800 Speaker 4: That's it. 284 00:15:30,000 --> 00:15:33,120 Speaker 1: So Martha Torres did the math and did not like 285 00:15:33,160 --> 00:15:38,040 Speaker 1: her odds. But Oscar's appointed attorney, Patrick Lake, gave him confidence. 286 00:15:38,840 --> 00:15:41,120 Speaker 2: He started to tell me that he talked to my alibis, 287 00:15:41,320 --> 00:15:44,000 Speaker 2: he talked to my doctor. He said that they all 288 00:15:44,040 --> 00:15:46,600 Speaker 2: confirm and verify my story and that we're good and 289 00:15:46,640 --> 00:15:48,480 Speaker 2: we got a strong case right here. And also the 290 00:15:48,560 --> 00:15:50,440 Speaker 2: joys that we're going to be in front of is 291 00:15:50,520 --> 00:15:52,400 Speaker 2: a band from school or something like that. 292 00:15:52,640 --> 00:15:56,920 Speaker 1: But it seems like Patrick Lake had given Oscar false confidence. 293 00:15:57,600 --> 00:16:00,280 Speaker 4: So a trial against Oscar. There was the test money 294 00:16:00,280 --> 00:16:03,640 Speaker 4: of Benjamin Arias, and by the time of trial he 295 00:16:03,800 --> 00:16:07,480 Speaker 4: was much more confident that it was Oscar. He wasn't 296 00:16:07,560 --> 00:16:13,600 Speaker 4: cross examined thoroughly. It seems that maybe Oscar's defense council 297 00:16:13,720 --> 00:16:17,600 Speaker 4: hadn't listened to the audio recorded police interview, because if 298 00:16:17,600 --> 00:16:22,040 Speaker 4: he had, then it's inexplicable why he wouldn't have cross 299 00:16:22,080 --> 00:16:26,200 Speaker 4: examined him on the inconsistencies that Rias didn't originally pick 300 00:16:26,240 --> 00:16:29,720 Speaker 4: out Oscar, that the police directed him to pick out Oscar. 301 00:16:30,320 --> 00:16:32,000 Speaker 4: In fact, they said, how about this one. 302 00:16:32,080 --> 00:16:33,840 Speaker 2: He's the quiet, he's the quiet, and I was like, 303 00:16:34,160 --> 00:16:35,560 Speaker 2: the hell, Like, you're not going to speak for me. 304 00:16:35,760 --> 00:16:37,320 Speaker 2: And then I told him he is the doctor going 305 00:16:37,400 --> 00:16:39,120 Speaker 2: to show up and he goes, oh, he'll be here tomorrow. 306 00:16:39,360 --> 00:16:43,479 Speaker 4: There was that there was testimony from police officers, including 307 00:16:43,720 --> 00:16:47,240 Speaker 4: you know, gang investigators, which is scary for the jury 308 00:16:47,320 --> 00:16:49,880 Speaker 4: to hear about gang members in their community. 309 00:16:50,120 --> 00:16:51,560 Speaker 3: And I had all two tattoos. 310 00:16:51,600 --> 00:16:53,960 Speaker 2: So when I was in trout, they had like poster 311 00:16:54,080 --> 00:16:56,640 Speaker 2: size pictures and that's deftly part of the stand and 312 00:16:56,680 --> 00:16:59,320 Speaker 2: starts saying, oh, these are old English type letters, and 313 00:16:59,480 --> 00:17:02,600 Speaker 2: you know, she's start telling professional opinion. I was like, oh, 314 00:17:02,680 --> 00:17:05,120 Speaker 2: this is they're just trying to just any little things, 315 00:17:05,200 --> 00:17:05,399 Speaker 2: just to. 316 00:17:05,520 --> 00:17:07,840 Speaker 1: Just anything they could do to make you look. 317 00:17:07,640 --> 00:17:10,960 Speaker 2: Bad, just look like an animal. And Patrick Lake, he 318 00:17:11,000 --> 00:17:13,159 Speaker 2: doesn't talk again, and I'm like, hey, man, what's going on? 319 00:17:13,240 --> 00:17:13,400 Speaker 4: Man? 320 00:17:13,760 --> 00:17:16,800 Speaker 3: Go I'm preparing. I'm preparing. So I told me what's 321 00:17:16,880 --> 00:17:18,160 Speaker 3: up with the doctors? He's showing up? 322 00:17:18,359 --> 00:17:20,000 Speaker 2: And he said, yeah, he'll be here tomorrow and said, 323 00:17:20,000 --> 00:17:22,359 Speaker 2: you told me that yesterday. Every day he kept telling 324 00:17:22,400 --> 00:17:24,200 Speaker 2: me that, and the next thing know, the cases almost 325 00:17:24,200 --> 00:17:26,200 Speaker 2: over with and and I'm like, hey, where's the doctor 326 00:17:26,240 --> 00:17:27,399 Speaker 2: at Oh, he's not going to show up. 327 00:17:27,840 --> 00:17:33,720 Speaker 1: It sounds like your representation didn't prepare at all. You 328 00:17:33,840 --> 00:17:37,639 Speaker 1: only had one witness called in your defense, and that 329 00:17:37,840 --> 00:17:41,720 Speaker 1: was Becky. I'm gonna throw it to you, Megan. When 330 00:17:41,760 --> 00:17:47,439 Speaker 1: you looked into the witnesses that Patrick Lake claimed to 331 00:17:47,600 --> 00:17:50,840 Speaker 1: have contacted for his defense, what did you find. 332 00:17:51,960 --> 00:17:54,680 Speaker 4: Well, we spoke to the friend that had false labor 333 00:17:54,720 --> 00:17:57,360 Speaker 4: that day that Oscar went to go see in the hospital, 334 00:17:57,480 --> 00:18:00,040 Speaker 4: and she absolutely remembered this day she was in the 335 00:18:00,080 --> 00:18:03,919 Speaker 4: hospital for false flabor, So that's documented. She said Patrick 336 00:18:03,960 --> 00:18:07,960 Speaker 4: Lake had never interviewed her or her mother, and when 337 00:18:08,000 --> 00:18:10,440 Speaker 4: Patrick Lake said that he left a message on their 338 00:18:10,480 --> 00:18:13,600 Speaker 4: answering machine, she says they didn't even have an answering 339 00:18:13,640 --> 00:18:16,840 Speaker 4: machine back then. That she absolutely would have appeared at 340 00:18:16,880 --> 00:18:19,240 Speaker 4: trial had she been called to do so, but she 341 00:18:19,320 --> 00:18:23,399 Speaker 4: wasn't even interviewed. Quite simply, he didn't interview witnesses. He 342 00:18:23,440 --> 00:18:26,920 Speaker 4: didn't call these witnesses that were so crucial. And then 343 00:18:27,040 --> 00:18:29,679 Speaker 4: in fact, it's very apparent that he lied to the 344 00:18:29,760 --> 00:18:33,600 Speaker 4: court about having interviewed these witnesses. You know, he stood up, 345 00:18:33,640 --> 00:18:35,720 Speaker 4: he looked around court and said, I don't see them here. 346 00:18:35,760 --> 00:18:38,000 Speaker 4: I don't know why they're not here to testify. Well, 347 00:18:38,040 --> 00:18:40,080 Speaker 4: because he hadn't bothered to even talk to them. 348 00:18:40,640 --> 00:18:42,480 Speaker 1: And then at one point I think the judge said, 349 00:18:42,760 --> 00:18:44,320 Speaker 1: we'll give you twenty more minutes. 350 00:18:44,840 --> 00:18:47,119 Speaker 4: So even when the judge gave an additional twenty minutes, 351 00:18:47,119 --> 00:18:49,160 Speaker 4: even if Patrick had called, then she would have been 352 00:18:49,160 --> 00:18:51,720 Speaker 4: completely unprepared. She probably in LA. She wouldn't even be 353 00:18:51,760 --> 00:18:53,720 Speaker 4: able to get to the courthouse in that amount of time. 354 00:18:54,080 --> 00:18:56,359 Speaker 2: My mom passed me a NOE that morning. She said, 355 00:18:56,400 --> 00:18:58,960 Speaker 2: fire your lawyer, like this guy do nothing for you. 356 00:18:59,080 --> 00:19:02,480 Speaker 2: He didn't even contact your alibies. I raised my hand 357 00:19:02,960 --> 00:19:04,800 Speaker 2: and the judge was like, what are you doing? And 358 00:19:04,840 --> 00:19:06,240 Speaker 2: I said, man, I want to fire this guy. And 359 00:19:06,280 --> 00:19:08,000 Speaker 2: he's like, well, hold on, hold on, and he took 360 00:19:08,040 --> 00:19:10,800 Speaker 2: everybody out the court. Room, and he said, you're doing 361 00:19:10,800 --> 00:19:12,639 Speaker 2: a Marston motion or something like that, and I was like, 362 00:19:12,720 --> 00:19:14,439 Speaker 2: I'll go I don't know what that is. I just 363 00:19:14,480 --> 00:19:16,840 Speaker 2: want to fire this guy because he hasn't been representing me. 364 00:19:17,280 --> 00:19:19,000 Speaker 2: And he goes, Oh, you just don't like the way 365 00:19:19,040 --> 00:19:20,840 Speaker 2: your trial's going, and so you just want to get 366 00:19:20,960 --> 00:19:22,720 Speaker 2: rid of your lawyer. He goes, it doesn't work that way, 367 00:19:22,760 --> 00:19:24,640 Speaker 2: you know, sit back down. So I was like, man, 368 00:19:24,760 --> 00:19:26,359 Speaker 2: let me take the stand in. I was like, man, 369 00:19:26,359 --> 00:19:28,280 Speaker 2: at least let me show the jurors because they're going 370 00:19:28,280 --> 00:19:29,639 Speaker 2: to see the whole of my leg and they're going 371 00:19:29,680 --> 00:19:31,280 Speaker 2: to be like, oh, man, this guy wasn't able to 372 00:19:31,320 --> 00:19:32,840 Speaker 2: do this crime. As soon as I got up on 373 00:19:32,840 --> 00:19:35,719 Speaker 2: that stand, I just felt attacked by the DA and 374 00:19:35,760 --> 00:19:37,960 Speaker 2: then next thing you know, it was go sit back down. 375 00:19:38,000 --> 00:19:39,920 Speaker 2: So I turned around and told the judge, Hey, Judge, 376 00:19:40,040 --> 00:19:41,320 Speaker 2: I show my leg to the jurors. 377 00:19:41,720 --> 00:19:43,360 Speaker 3: He said, now go back and sit down. 378 00:19:43,840 --> 00:19:46,399 Speaker 4: Patrick Lake could have asked to show that to the jury, 379 00:19:46,800 --> 00:19:49,800 Speaker 4: but Oscar, as the witness at that time, can't just 380 00:19:49,840 --> 00:19:51,520 Speaker 4: turn around and ask to judge, hey, let me show 381 00:19:51,520 --> 00:19:51,960 Speaker 4: my leg. 382 00:19:52,960 --> 00:19:55,600 Speaker 1: And then a detective takes a stand. He holds up 383 00:19:55,600 --> 00:19:59,800 Speaker 1: two pictures. One is you holding a gun, no context 384 00:19:59,800 --> 00:20:02,280 Speaker 1: of where or when it was taken. The other one 385 00:20:02,359 --> 00:20:05,920 Speaker 1: is you standing next to somebody holding a gun. And 386 00:20:06,040 --> 00:20:10,719 Speaker 1: on March twelfth, nineteen ninety nine, you were convicted of 387 00:20:10,760 --> 00:20:16,360 Speaker 1: attempted first degree murder and sentenced to life in prison 388 00:20:17,080 --> 00:20:19,320 Speaker 1: plus twenty five years. 389 00:20:19,840 --> 00:20:22,880 Speaker 2: At that moment, you know, I was stoic and shocked. 390 00:20:23,280 --> 00:20:25,920 Speaker 2: I didn't know how to react, but I. 391 00:20:25,880 --> 00:20:32,480 Speaker 3: Just remember my brother. She was right behind me. 392 00:20:34,160 --> 00:20:38,440 Speaker 2: Yeah, I heard her cry. When I heard her cry, 393 00:20:38,480 --> 00:20:43,120 Speaker 2: I turned around. The judge was talking and I didn't 394 00:20:43,160 --> 00:20:47,000 Speaker 2: hear nothing at all. I just just my brother. I 395 00:20:47,040 --> 00:20:49,960 Speaker 2: was feeling double. She said, she was feeling you know, 396 00:20:50,800 --> 00:21:08,119 Speaker 2: they're separating us for life. My mom I stopped drinking 397 00:21:09,480 --> 00:21:12,160 Speaker 2: when I was probably about twelve thirteen years old. 398 00:21:12,960 --> 00:21:14,520 Speaker 3: She made me a promise that she wasn't gonna drink 399 00:21:14,560 --> 00:21:15,880 Speaker 3: no more. And after I. 400 00:21:15,800 --> 00:21:19,760 Speaker 2: Got convicted, I started hearing that she was drinking and 401 00:21:19,800 --> 00:21:23,760 Speaker 2: I was like, what the hell there? And I knew 402 00:21:23,880 --> 00:21:25,320 Speaker 2: I knew it was it was because of. 403 00:21:25,280 --> 00:21:30,440 Speaker 1: People, because of what was done to you. 404 00:21:31,640 --> 00:21:33,160 Speaker 3: Yeah. 405 00:21:33,680 --> 00:21:39,920 Speaker 1: You then ended up entering California's adult prison system as 406 00:21:39,920 --> 00:21:40,679 Speaker 1: a teenager. 407 00:21:41,480 --> 00:21:43,840 Speaker 2: I got there at nineteen years old. I didn't know 408 00:21:43,840 --> 00:21:46,160 Speaker 2: how to sell it at that time. It was twenty 409 00:21:46,160 --> 00:21:49,120 Speaker 2: four hour lockdown, sometimes going years and year's lockdown. 410 00:21:50,080 --> 00:21:52,040 Speaker 3: It was a biling. It was riots. 411 00:21:52,280 --> 00:21:53,920 Speaker 2: When I got there to Pelican Bay, there was a 412 00:21:53,960 --> 00:21:57,000 Speaker 2: big riots and a fair way of two thousand and 413 00:21:57,080 --> 00:21:59,240 Speaker 2: I ended up going to the ads say for that 414 00:21:59,320 --> 00:22:02,040 Speaker 2: for sixteen months, and then I ended up in ire 415 00:22:02,080 --> 00:22:02,760 Speaker 2: Was state prison. 416 00:22:02,960 --> 00:22:04,240 Speaker 3: I found a good program right. 417 00:22:04,080 --> 00:22:07,880 Speaker 2: There in a completed computer class, and I started having 418 00:22:07,920 --> 00:22:08,800 Speaker 2: a border job. 419 00:22:08,920 --> 00:22:11,080 Speaker 3: And I always been drawing, you know, that was my thought. 420 00:22:11,119 --> 00:22:12,720 Speaker 2: So I used to tell my mom those semi money, 421 00:22:12,800 --> 00:22:15,600 Speaker 2: just buy me my art supplies and I'll figure out 422 00:22:15,600 --> 00:22:16,879 Speaker 2: how to get money. 423 00:22:17,400 --> 00:22:21,840 Speaker 1: While Oscar's early appeals failed, the LAPD was still reeling 424 00:22:21,880 --> 00:22:25,040 Speaker 1: from what became known as the Rampart scandal. It began 425 00:22:25,119 --> 00:22:29,000 Speaker 1: with a nineteen ninety seven road rage incident, but exploded 426 00:22:29,040 --> 00:22:32,800 Speaker 1: the following summer when crash unit officer Rafael Perez was 427 00:22:32,840 --> 00:22:37,080 Speaker 1: caught stealing cocaine from an evidence locker and selling it 428 00:22:37,160 --> 00:22:41,919 Speaker 1: nearly eight hundred thousand dollars worth to save himself. Perez 429 00:22:41,960 --> 00:22:47,000 Speaker 1: turned state's witness and became a whistleblower, exposing everything Oscar 430 00:22:47,040 --> 00:22:53,360 Speaker 1: had already experienced and more brutality, planted evidence, perjury, drug trafficking, 431 00:22:53,560 --> 00:22:57,639 Speaker 1: bank robbery cover ups, and even ties to organized crime. 432 00:22:58,280 --> 00:23:01,800 Speaker 1: Perez also revealed the officers would gather at a bar 433 00:23:01,920 --> 00:23:06,400 Speaker 1: near Dodgers Stadium to celebrate their shootings, handing out red 434 00:23:06,480 --> 00:23:09,359 Speaker 1: cards for a wound and black cards for a kill. 435 00:23:10,119 --> 00:23:15,919 Speaker 1: Perez implicated at least seventy officers, including crash officer Nino Durden, 436 00:23:16,560 --> 00:23:21,000 Speaker 1: and how he had engineered the false firearm charge against 437 00:23:21,359 --> 00:23:25,040 Speaker 1: then sixteen year old Oscar Eagle, but that was a 438 00:23:25,080 --> 00:23:28,959 Speaker 1: different crime, so Oscar remained behind bars for yet another 439 00:23:29,080 --> 00:23:30,639 Speaker 1: crime he did not commit. 440 00:23:32,440 --> 00:23:35,240 Speaker 2: My mom died in two thousand and seven, and after 441 00:23:35,320 --> 00:23:38,080 Speaker 2: her death, I went into the depression and I couldn't 442 00:23:38,119 --> 00:23:40,720 Speaker 2: snap out of it. I was breeving. I started making 443 00:23:40,720 --> 00:23:43,600 Speaker 2: poor decisions. Eventually, the squad unit came in and the 444 00:23:43,720 --> 00:23:45,639 Speaker 2: gaffled me up. They had searched my cell and they 445 00:23:45,640 --> 00:23:49,000 Speaker 2: found an address book. I had an address to Gigi 446 00:23:49,040 --> 00:23:51,560 Speaker 2: Gordon that was helping me in my case years prior, 447 00:23:51,960 --> 00:23:54,399 Speaker 2: and she happy to have a client that was a 448 00:23:54,440 --> 00:23:55,680 Speaker 2: member of the Mexican mafia. 449 00:23:56,440 --> 00:23:57,760 Speaker 3: And they said that. 450 00:23:57,640 --> 00:24:00,639 Speaker 2: I was using her as a third part dropped to 451 00:24:00,720 --> 00:24:03,000 Speaker 2: connect with the mesic of mafia. So they sent me 452 00:24:03,000 --> 00:24:04,320 Speaker 2: to the whole You're. 453 00:24:04,160 --> 00:24:09,359 Speaker 1: Again like falsely accused and you get thrown pretty much 454 00:24:09,440 --> 00:24:12,520 Speaker 1: in solitary for six years. 455 00:24:12,960 --> 00:24:16,240 Speaker 2: Yes, I just would think that, man, I must be cursed. 456 00:24:16,240 --> 00:24:18,320 Speaker 2: You know that that night marries got worse and worse. 457 00:24:19,840 --> 00:24:22,200 Speaker 2: And so I was like, man, you guys are just stretching. 458 00:24:22,280 --> 00:24:25,000 Speaker 2: You guys are just stretching to validate me or to 459 00:24:25,080 --> 00:24:28,399 Speaker 2: break me or something. And I got a visit from 460 00:24:28,440 --> 00:24:30,679 Speaker 2: my dad when I was in essay. That was the 461 00:24:30,720 --> 00:24:33,400 Speaker 2: last time I see them. I told me that they're 462 00:24:33,400 --> 00:24:38,880 Speaker 2: trying to they're trying to break me in here, and yeah, 463 00:24:38,920 --> 00:24:41,520 Speaker 2: he just said, he said, oh, you know, don't break. 464 00:24:41,880 --> 00:24:44,000 Speaker 2: Just believe in a higher power, man, just don't break. 465 00:24:44,760 --> 00:24:46,720 Speaker 1: You mentioned that that was the last time you saw 466 00:24:46,760 --> 00:24:51,840 Speaker 1: your father, because unfortunately both of your parents passed while 467 00:24:51,880 --> 00:24:56,920 Speaker 1: you were incarcerated. What at that point kept you from 468 00:24:56,960 --> 00:24:58,440 Speaker 1: giving up hope completely? 469 00:25:00,000 --> 00:25:01,320 Speaker 3: I was in the shoe. 470 00:25:01,359 --> 00:25:04,240 Speaker 2: We end up having a hunger strike, and the result 471 00:25:04,320 --> 00:25:06,680 Speaker 2: of the hunger strikes that we went through, they start 472 00:25:06,720 --> 00:25:10,040 Speaker 2: to release suspect to the general population. I started to 473 00:25:10,040 --> 00:25:13,160 Speaker 2: see the GP as freedom, you know, So I was like, 474 00:25:13,200 --> 00:25:14,520 Speaker 2: oh shit, I'm going to go. 475 00:25:14,480 --> 00:25:15,440 Speaker 3: Back to the mainline. 476 00:25:15,560 --> 00:25:17,520 Speaker 2: I always loved running laps, so I was like, man, 477 00:25:17,560 --> 00:25:19,520 Speaker 2: I could go out there and run again, you know, 478 00:25:19,800 --> 00:25:21,880 Speaker 2: like I could get into school and try to get 479 00:25:21,880 --> 00:25:24,119 Speaker 2: an education, and. 480 00:25:24,160 --> 00:25:27,760 Speaker 1: With greater freedom of movement and access to educational materials. 481 00:25:28,040 --> 00:25:30,640 Speaker 1: He was able to submit his case to the Conviction 482 00:25:31,280 --> 00:25:35,159 Speaker 1: Review Unit under Jackie Lacy, the LA District attorney at 483 00:25:35,160 --> 00:25:38,359 Speaker 1: the time, but citing that it was submitted with no 484 00:25:38,440 --> 00:25:43,200 Speaker 1: new evidence, he was denied a reinvestigation, so Oscar had 485 00:25:43,200 --> 00:25:46,680 Speaker 1: to wait for the election of George Gascon in order 486 00:25:46,800 --> 00:25:50,800 Speaker 1: to resubmit his case, around which point Megan got involved. 487 00:25:51,200 --> 00:25:54,720 Speaker 4: I was actually at a transitional house at an event 488 00:25:54,800 --> 00:25:58,000 Speaker 4: for other clients, and I was approached by a couple 489 00:25:58,080 --> 00:26:02,399 Speaker 4: of Oscar's friends. They had with them an entire file 490 00:26:03,040 --> 00:26:06,080 Speaker 4: full of things, and they sat me down and showed me. 491 00:26:06,240 --> 00:26:08,919 Speaker 4: During this party, they ended up showing me all this 492 00:26:09,040 --> 00:26:14,359 Speaker 4: evidence and how Raphael Press had admitted that they had 493 00:26:14,480 --> 00:26:18,760 Speaker 4: essentially placed at false gun charge on Oscar to begin with. 494 00:26:19,359 --> 00:26:22,760 Speaker 4: And what really drew me to his case was it 495 00:26:22,800 --> 00:26:27,840 Speaker 4: doesn't seem that Arias ever really identified Oscar until the 496 00:26:27,960 --> 00:26:30,919 Speaker 4: police pointed him to do so. So I had been 497 00:26:30,960 --> 00:26:34,680 Speaker 4: working in other cases with doctor Wicksted. He's an eyewitness 498 00:26:34,720 --> 00:26:38,199 Speaker 4: identification expert, and there is a new consensus in the 499 00:26:38,359 --> 00:26:42,920 Speaker 4: eyewitness identification scientific community, and I thought that Oscar's case 500 00:26:42,960 --> 00:26:47,000 Speaker 4: fell perfectly in line with that. So I was gathering 501 00:26:47,080 --> 00:26:50,240 Speaker 4: everything that we needed. I went to the offices of 502 00:26:50,400 --> 00:26:53,680 Speaker 4: Gig Gordon, whose Gordon has passed away. I contacted all 503 00:26:53,840 --> 00:26:57,639 Speaker 4: of Oscar's prior council and got materials from the California 504 00:26:57,680 --> 00:27:00,240 Speaker 4: Court of Appeal. That all takes a lot of time 505 00:27:00,600 --> 00:27:04,120 Speaker 4: to gather the materials. In the meantime, the LA District 506 00:27:04,119 --> 00:27:08,040 Speaker 4: Attorney's office, well, Oscar was blessed. I'll just say that 507 00:27:08,119 --> 00:27:12,000 Speaker 4: because there was a Deputy District Attorney in Los Angeles 508 00:27:12,040 --> 00:27:17,800 Speaker 4: who is behind I think seven exonerations. Now. She really 509 00:27:18,080 --> 00:27:24,320 Speaker 4: believed in these cases and incorporated the eyewitness identification consensus 510 00:27:24,359 --> 00:27:26,359 Speaker 4: into most of them. She has now gone on to 511 00:27:26,440 --> 00:27:28,520 Speaker 4: become a judge, which is a great loss to the 512 00:27:28,520 --> 00:27:32,600 Speaker 4: innocence community. But she ended up looking at the case 513 00:27:32,640 --> 00:27:35,600 Speaker 4: as well, so she and I actually ended up working 514 00:27:35,680 --> 00:27:40,160 Speaker 4: on the case together. We interviewed witnesses together. I flew 515 00:27:40,280 --> 00:27:43,879 Speaker 4: to northern California to interview Benjamin Arius, who was actually 516 00:27:43,920 --> 00:27:49,480 Speaker 4: incarcerated at that time, interviewed him with some attorney investigators 517 00:27:49,520 --> 00:27:51,960 Speaker 4: as well, and it just seems so clear that there 518 00:27:52,119 --> 00:27:55,240 Speaker 4: was no evidence against Oscar. The only evidence was this 519 00:27:55,400 --> 00:27:59,040 Speaker 4: quote unquote identification by Arius, which never existed. 520 00:28:00,160 --> 00:28:04,560 Speaker 1: Baca and the DA's Habeas Corpus litigation office together filed 521 00:28:04,560 --> 00:28:09,000 Speaker 1: a joint writ arguing that Oscar's conviction was the result 522 00:28:09,119 --> 00:28:13,480 Speaker 1: of ineffective counsel for all the reasons we've already discussed. 523 00:28:13,920 --> 00:28:18,199 Speaker 1: His attorney had failed to impeach Benjamin Urius or Detective Muriel, 524 00:28:18,560 --> 00:28:23,119 Speaker 1: with the audio recording of the flawed identification process, ignored 525 00:28:23,160 --> 00:28:28,439 Speaker 1: the issue of Urius's unrelated criminal case, did not present 526 00:28:28,560 --> 00:28:33,520 Speaker 1: more alibi witnesses or supporting evidence. Most critically, the defense 527 00:28:33,680 --> 00:28:38,880 Speaker 1: never introduced proof of Oscar's compromised physical condition or called 528 00:28:38,880 --> 00:28:43,280 Speaker 1: his doctor to testify that given his injuries, he could 529 00:28:43,320 --> 00:28:45,120 Speaker 1: not have committed this crime. 530 00:28:45,880 --> 00:28:50,480 Speaker 4: So, although the ineffective assistance of counsel is what led 531 00:28:50,480 --> 00:28:54,480 Speaker 4: Oscar to be wrongfully convicted in the first place, Elisa 532 00:28:54,680 --> 00:28:56,960 Speaker 4: meant that some of this evidence that we were able 533 00:28:57,000 --> 00:29:00,680 Speaker 4: to use to prove his innocence wasn't already used in 534 00:29:00,720 --> 00:29:02,880 Speaker 4: the past, so that we couldn't, you know, bring that 535 00:29:03,040 --> 00:29:04,760 Speaker 4: up again post conviction. 536 00:29:04,960 --> 00:29:10,400 Speaker 1: And relatively speaking, once you got involved, it was pretty fast. 537 00:29:10,760 --> 00:29:13,400 Speaker 4: It was really fast. And again that is thanks to 538 00:29:13,800 --> 00:29:17,520 Speaker 4: Dia Laura bazign of the LA District Attorney's office. She 539 00:29:17,800 --> 00:29:20,560 Speaker 4: was in the conviction integrity unit and then went over 540 00:29:20,600 --> 00:29:23,680 Speaker 4: to the habeas litigation unit. And you know, if she 541 00:29:23,840 --> 00:29:28,280 Speaker 4: hadn't been working with us jointly, then this would have 542 00:29:28,320 --> 00:29:29,560 Speaker 4: taken years and years. 543 00:29:30,160 --> 00:29:35,160 Speaker 1: On July tenth, twenty twenty five, Oscar's conviction was vacated. 544 00:29:35,640 --> 00:29:37,960 Speaker 4: Once he was out, we got to meet face to 545 00:29:38,000 --> 00:29:40,480 Speaker 4: face for the first time, and now he's my next 546 00:29:40,480 --> 00:29:41,000 Speaker 4: door neighbor. 547 00:29:42,560 --> 00:29:48,400 Speaker 1: That's amazing. You know, the Los Angeles Times did basically 548 00:29:48,720 --> 00:29:52,520 Speaker 1: where are they now in terms of all the different 549 00:29:52,680 --> 00:29:58,600 Speaker 1: people who contributed to this wrongful conviction and the LAPD 550 00:29:58,760 --> 00:30:03,680 Speaker 1: spokesperson had no comment on it. Others denied wrongdoing. You know, 551 00:30:04,000 --> 00:30:06,800 Speaker 1: even Patrick Lake, your attorney, who claims he doesn't even 552 00:30:06,800 --> 00:30:12,880 Speaker 1: remember your case. I want to ask about accountability. What 553 00:30:13,080 --> 00:30:15,720 Speaker 1: does accountability mean in a case like this. 554 00:30:16,360 --> 00:30:20,760 Speaker 2: I just don't see them taking accountability. I should think, 555 00:30:20,800 --> 00:30:24,000 Speaker 2: like man, I wonder sooner or later are they going 556 00:30:24,080 --> 00:30:26,360 Speaker 2: to step up and say, you know what, I did 557 00:30:26,400 --> 00:30:28,880 Speaker 2: something wrong back then. You know, I gotta get off 558 00:30:28,880 --> 00:30:31,880 Speaker 2: the streets in But I'm not the only one. There's 559 00:30:31,920 --> 00:30:34,280 Speaker 2: other guys still stuck in there from the rap par scandal. 560 00:30:35,080 --> 00:30:38,440 Speaker 2: I would love to see these officers have integrity and 561 00:30:38,520 --> 00:30:40,480 Speaker 2: do the right things, but I don't think it's going to. 562 00:30:40,480 --> 00:30:44,360 Speaker 4: Happen no matter how we hold the people responsible to account. 563 00:30:44,800 --> 00:30:49,320 Speaker 4: Oscar lost his entire twenties and thirties to prison. He 564 00:30:49,560 --> 00:30:51,760 Speaker 4: wasn't there when either of his parents passed away, and 565 00:30:51,760 --> 00:30:54,840 Speaker 4: there's absolutely nothing to get him that time back. I 566 00:30:54,880 --> 00:30:58,920 Speaker 4: think that the state bar should take these cases more 567 00:30:59,040 --> 00:31:04,560 Speaker 4: seriously when they is such egregious, ineffective assistance, just simply 568 00:31:04,800 --> 00:31:08,840 Speaker 4: no evidence put on that was very apparent and readily available. 569 00:31:09,600 --> 00:31:14,120 Speaker 4: I also think that qualified immunity is a huge issue. 570 00:31:14,680 --> 00:31:19,840 Speaker 4: I don't see how prosecutors or police can ever really 571 00:31:19,920 --> 00:31:24,920 Speaker 4: be held accountable so long as there's this immunity. I 572 00:31:25,000 --> 00:31:27,880 Speaker 4: also think that even all of these years later, even 573 00:31:27,960 --> 00:31:31,040 Speaker 4: when district attorney's offices are willing to do the right thing, 574 00:31:31,040 --> 00:31:33,280 Speaker 4: and they you know, they get so much credit for me. 575 00:31:33,320 --> 00:31:35,880 Speaker 4: I'm so grateful to them. You know, even in Oscar's case, 576 00:31:35,880 --> 00:31:39,920 Speaker 4: the elected DA of La County showed up and appeared 577 00:31:39,920 --> 00:31:43,960 Speaker 4: on the record in his case, which is huge. However, 578 00:31:44,440 --> 00:31:47,520 Speaker 4: you know, the police still aren't held to account for 579 00:31:48,160 --> 00:31:52,200 Speaker 4: the wrongdoing. And the problem is the police are the 580 00:31:52,200 --> 00:31:56,160 Speaker 4: investigating agency for the District Attorney's office. I mean they 581 00:31:56,160 --> 00:31:59,479 Speaker 4: work together, they work hand in hand. Police unions don'tate 582 00:31:59,680 --> 00:32:05,800 Speaker 4: to prosecutorial elections. Aside from overhauling the system completely, I 583 00:32:05,840 --> 00:32:08,440 Speaker 4: don't know how we can ever prevent this sort of 584 00:32:08,520 --> 00:32:13,160 Speaker 4: thing from happening again, considering that they work so closely together. 585 00:32:14,600 --> 00:32:18,360 Speaker 1: And when people say, oh, well, they're settlements and there's 586 00:32:18,400 --> 00:32:21,240 Speaker 1: money paid, that money is not coming from the people 587 00:32:21,720 --> 00:32:28,400 Speaker 1: who caused the wrongful conviction. That's not accountability. That's society 588 00:32:28,960 --> 00:32:34,200 Speaker 1: basically trying to pay off to protect the people in power. 589 00:32:35,720 --> 00:32:38,160 Speaker 4: Right right, That's coming from the taxpayers. 590 00:32:39,440 --> 00:32:42,480 Speaker 1: So with that, we're going to close out this interview 591 00:32:42,560 --> 00:32:47,000 Speaker 1: by asking our audience to support Megan's organization. They're out 592 00:32:47,040 --> 00:32:50,120 Speaker 1: there doing the work necessary to finally bring about some 593 00:32:50,240 --> 00:32:53,480 Speaker 1: measure of justice in these cases. So we're going to 594 00:32:53,560 --> 00:32:58,240 Speaker 1: link California Innocent's advocates in the episode description. Please donate, 595 00:32:58,480 --> 00:33:02,040 Speaker 1: follow them on social media, or otherwise get involved. And 596 00:33:02,080 --> 00:33:04,520 Speaker 1: now I'm just going to thank you both for sharing 597 00:33:04,560 --> 00:33:07,120 Speaker 1: this story with us before I leave the floor to 598 00:33:07,200 --> 00:33:09,160 Speaker 1: you for any final thoughts. 599 00:33:10,840 --> 00:33:15,640 Speaker 4: Yeah, I will say that I am consistently shocked by 600 00:33:16,160 --> 00:33:18,880 Speaker 4: how little evidence needs to be put on for a 601 00:33:19,000 --> 00:33:23,240 Speaker 4: jury to convict. I don't think that people understand the 602 00:33:23,360 --> 00:33:27,760 Speaker 4: burden of beyond a reasonable doubt. And when the crime 603 00:33:27,880 --> 00:33:31,880 Speaker 4: is allegedly gang motivated and they have gang investigators coming 604 00:33:31,960 --> 00:33:34,600 Speaker 4: up and testifying, it just sort of scares the jury 605 00:33:34,640 --> 00:33:39,360 Speaker 4: into let's lock up whoever, because it sounds like, you know, hoodlums. 606 00:33:39,360 --> 00:33:42,800 Speaker 4: It's all these hoodlums out there destroying our communities, like 607 00:33:42,840 --> 00:33:43,760 Speaker 4: the crash units. 608 00:33:43,800 --> 00:33:46,400 Speaker 1: I was just about to say, like the crash unit 609 00:33:47,000 --> 00:33:48,040 Speaker 1: street hoodlum. 610 00:33:48,240 --> 00:33:51,240 Speaker 4: That's right, even though in Oscar's case, what he was 611 00:33:51,320 --> 00:33:54,680 Speaker 4: doing was artwork on walls. He was doing graffiti. You know, 612 00:33:54,760 --> 00:33:58,000 Speaker 4: he wasn't out shooting people. But they lump them all 613 00:33:58,040 --> 00:33:59,960 Speaker 4: into being sort of the same, and that, you know, 614 00:34:00,080 --> 00:34:03,440 Speaker 4: anybody that's getting associated just having grown up in that neighborhood, 615 00:34:03,440 --> 00:34:06,160 Speaker 4: they're necessarily evil and violent. 616 00:34:07,280 --> 00:34:09,640 Speaker 2: I just want to let people know that, you know, 617 00:34:09,760 --> 00:34:12,120 Speaker 2: our system is bad, you know, like they don't need 618 00:34:12,239 --> 00:34:16,480 Speaker 2: concrete evidence or direct evidence to find you guilty. Here, 619 00:34:17,280 --> 00:34:20,839 Speaker 2: it's like they don't take a human life serious, you know. 620 00:34:21,719 --> 00:34:24,759 Speaker 2: And I just tell people just to be more open 621 00:34:24,800 --> 00:34:31,799 Speaker 2: minded and look beyond somebody's image because it's easy for 622 00:34:32,320 --> 00:34:36,160 Speaker 2: a district attorney, it's easy for a police officer to 623 00:34:36,360 --> 00:34:38,440 Speaker 2: draw a negative image to somebody. 624 00:34:38,440 --> 00:34:39,320 Speaker 3: That's understand. 625 00:34:39,880 --> 00:34:43,840 Speaker 2: We take their word as gold, and they got to 626 00:34:43,880 --> 00:34:47,640 Speaker 2: be able to see behind the words. When you make 627 00:34:47,760 --> 00:34:50,600 Speaker 2: a person into a monster and an animal, it's real 628 00:34:50,680 --> 00:34:53,160 Speaker 2: easy to convict them as soon as you have that 629 00:34:53,239 --> 00:34:54,240 Speaker 2: thought in your mind. 630 00:35:00,320 --> 00:35:03,000 Speaker 1: Thank you for listening to Wrongful Conviction. You can listen 631 00:35:03,000 --> 00:35:05,759 Speaker 1: to this and all Lava for Good podcasts one week 632 00:35:05,840 --> 00:35:09,040 Speaker 1: early and add free by subscribing to Lava for Good 633 00:35:09,040 --> 00:35:12,399 Speaker 1: Plus on Apple Podcasts. I'd like to thank our production team, 634 00:35:12,600 --> 00:35:15,840 Speaker 1: Connor Hall and Kathleen Fink, as well as executive producers 635 00:35:15,960 --> 00:35:19,600 Speaker 1: Jason Vlahm, Jeff Kempler, Kevin Wartis, and Jeff Clyburn. The 636 00:35:19,680 --> 00:35:22,360 Speaker 1: music in this production was supplied by three time OSCAR 637 00:35:22,400 --> 00:35:25,400 Speaker 1: nominated composer Jay Ralph. Be sure to follow us across 638 00:35:25,440 --> 00:35:28,359 Speaker 1: all social media platforms at Lava for Good and at 639 00:35:28,360 --> 00:35:31,160 Speaker 1: Wrongful Conviction. You can also follow me on Instagram at 640 00:35:31,239 --> 00:35:34,600 Speaker 1: Lauren Bright Pacheco. Wrongful Conviction is a production of Lava 641 00:35:34,600 --> 00:35:38,160 Speaker 1: for Good Podcasts and association with Signal Company Number One. 642 00:35:38,200 --> 00:35:40,600 Speaker 2: We have worked hard to ensure that all facts reported 643 00:35:40,640 --> 00:35:43,480 Speaker 2: in this show are accurate. The views and opinions expressed 644 00:35:43,480 --> 00:35:45,839 Speaker 2: by the individuals featured in this show are their own 645 00:35:45,920 --> 00:35:48,719 Speaker 2: and do not necessarily reflect those of Lava for Good