1 00:00:02,400 --> 00:00:05,280 Speaker 1: On November two, nineteen eighty seven, at one point fifteen 2 00:00:05,320 --> 00:00:08,639 Speaker 1: am and eighta, Oklahoma. The victim felt a gun at 3 00:00:08,640 --> 00:00:10,399 Speaker 1: the back of her head as she unlocked the door 4 00:00:10,440 --> 00:00:13,480 Speaker 1: to her home. She was pushed inside, robbed and raped 5 00:00:13,560 --> 00:00:15,600 Speaker 1: by a black man who was described as between five 6 00:00:15,720 --> 00:00:18,200 Speaker 1: seven and six two, wearing a hat, a jacket, and 7 00:00:18,360 --> 00:00:21,880 Speaker 1: perhaps a gold tooth. Detectives filmed a crime Stoppers re 8 00:00:21,960 --> 00:00:24,720 Speaker 1: enactment video about the robbery and rape, and they approached 9 00:00:24,720 --> 00:00:27,760 Speaker 1: Perry Lot, who was parked nearby. While they asked him 10 00:00:27,760 --> 00:00:30,040 Speaker 1: a few questions about his whereabouts during the incident, they 11 00:00:30,120 --> 00:00:32,839 Speaker 1: noticed that he had a gold tooth and Perry, a 12 00:00:32,880 --> 00:00:35,360 Speaker 1: bit of a lady's man, explained that he was in 13 00:00:35,400 --> 00:00:37,159 Speaker 1: the area to see his girlfriend, but had been with 14 00:00:37,200 --> 00:00:40,640 Speaker 1: his fiancee from three thirty pm on November first through 15 00:00:40,800 --> 00:00:44,960 Speaker 1: six thirty am the following morning. Despite his alibi, police 16 00:00:45,000 --> 00:00:48,040 Speaker 1: brought him in for further questioning. There they put him 17 00:00:48,040 --> 00:00:50,000 Speaker 1: into a lineup and the rest of the men were 18 00:00:50,040 --> 00:00:54,320 Speaker 1: given get this gold foil from a nearby florist to 19 00:00:54,360 --> 00:00:59,480 Speaker 1: simulate having a gold tooth. The victim not surprisingly identified 20 00:00:59,480 --> 00:01:02,760 Speaker 1: Perry Lot that in there as her attacker. A rape 21 00:01:02,840 --> 00:01:04,440 Speaker 1: kit had been done the morning of the incident, but 22 00:01:04,480 --> 00:01:07,680 Speaker 1: in nineteen eighty seven, DNA technology was not yet available 23 00:01:07,720 --> 00:01:11,119 Speaker 1: to exclude mister Lott as it later would, and Perry 24 00:01:11,120 --> 00:01:17,440 Speaker 1: Lott tragically was sentenced to three hundred years for rape, robbery, burglary, 25 00:01:17,760 --> 00:01:20,560 Speaker 1: and making a bomb threat related to the incident. In 26 00:01:20,600 --> 00:01:23,280 Speaker 1: this episode, which was recorded at an art show opening 27 00:01:23,319 --> 00:01:25,600 Speaker 1: featuring the work of an innocent man on death row 28 00:01:25,600 --> 00:01:29,679 Speaker 1: in Texas, rob Will, we interviewed Perry Lott and Eric Cullin, 29 00:01:30,120 --> 00:01:33,160 Speaker 1: the private investigator that was originally tasked with taking Perry's 30 00:01:33,200 --> 00:01:36,160 Speaker 1: DNA swap, only to end up becoming one of his 31 00:01:36,319 --> 00:01:50,160 Speaker 1: fiercest and most loyal advocates. This is wrongful conviction. Welcome 32 00:01:50,240 --> 00:01:54,600 Speaker 1: back to wrongful Conviction. We have two incredible gentlemen in 33 00:01:54,640 --> 00:01:56,680 Speaker 1: the studio with me today, and the studio is not 34 00:01:56,720 --> 00:01:58,680 Speaker 1: even a studio, But I'll tell you more about that later. 35 00:02:00,200 --> 00:02:02,040 Speaker 1: First of all, I'll save the best for last. We 36 00:02:02,120 --> 00:02:07,200 Speaker 1: have Eric Cullen, private investigator who has played an active 37 00:02:07,280 --> 00:02:10,000 Speaker 1: role in more reversals now that I can count on 38 00:02:10,040 --> 00:02:12,000 Speaker 1: probably both hands. It's great to have you here. Welcome 39 00:02:12,040 --> 00:02:12,440 Speaker 1: to the show. 40 00:02:12,600 --> 00:02:13,760 Speaker 2: Thank you, good to be here. 41 00:02:14,400 --> 00:02:18,959 Speaker 1: And with Eric is a gentleman who he was instrumental 42 00:02:19,040 --> 00:02:23,920 Speaker 1: in helping to free an individual who served three decades 43 00:02:24,360 --> 00:02:28,680 Speaker 1: thirty one years in prison for a crime he didn't commit. 44 00:02:28,800 --> 00:02:32,520 Speaker 1: DNA proved it. Perry, Welcome the show. I'm really honored 45 00:02:32,520 --> 00:02:33,000 Speaker 1: to have you here. 46 00:02:33,040 --> 00:02:36,120 Speaker 3: Greetings, Jason is very exciting to be here at Also, 47 00:02:36,200 --> 00:02:40,000 Speaker 3: I've been looking forward to this for some months now. 48 00:02:40,280 --> 00:02:42,680 Speaker 1: Well, that's awesome. And after thirty one years in prison 49 00:02:42,720 --> 00:02:45,160 Speaker 1: and this is your first first ever, it's very excited. 50 00:02:45,160 --> 00:02:49,000 Speaker 1: So we can call this the exclusive interview with very lot. Yeah, Perry, 51 00:02:49,080 --> 00:02:51,960 Speaker 1: let's go back to the beginning. First of all, your 52 00:02:52,040 --> 00:02:55,359 Speaker 1: case took place in Ada, Oklahoma, and Aida has become 53 00:02:55,480 --> 00:03:00,760 Speaker 1: synonymous with wrongful convictions. Yes, sir, because John Grisha exposed 54 00:03:00,800 --> 00:03:03,440 Speaker 1: the fact that there were six wrongful convictions in the 55 00:03:03,440 --> 00:03:06,280 Speaker 1: space of just over a year in this tiny town, 56 00:03:07,040 --> 00:03:09,560 Speaker 1: and those were profiled in his book An Innocent Manner, 57 00:03:09,600 --> 00:03:12,880 Speaker 1: Four of them were and you happen to fall into 58 00:03:12,919 --> 00:03:17,600 Speaker 1: that town not knowing that it was I mean a trap, right, 59 00:03:17,680 --> 00:03:20,280 Speaker 1: And you were a young man at the time, twenty 60 00:03:20,280 --> 00:03:22,680 Speaker 1: four years old. Twenty four years old. You still look 61 00:03:22,720 --> 00:03:23,920 Speaker 1: pretty young for what it's worth. 62 00:03:24,240 --> 00:03:26,320 Speaker 3: Thank you. I grew old and didn't know it. 63 00:03:27,480 --> 00:03:30,920 Speaker 1: In this case, it has a lot of the common 64 00:03:30,960 --> 00:03:35,080 Speaker 1: factors that we see in wrongful conviction cases. Of course, 65 00:03:35,120 --> 00:03:38,520 Speaker 1: as the most common factor, I witness miss identification across 66 00:03:38,640 --> 00:03:41,920 Speaker 1: racial eye witness misidentification, which we know are even more 67 00:03:42,000 --> 00:03:47,400 Speaker 1: unreliable than same race, and those are notoriously unreliable, and they 68 00:03:47,440 --> 00:03:49,560 Speaker 1: played a factor in the higher percentage of wrongful conviction 69 00:03:49,640 --> 00:03:54,400 Speaker 1: cases than anything else. So let's go back to when 70 00:03:54,440 --> 00:03:56,760 Speaker 1: this happened and how it happened. Because you were teaching 71 00:03:56,840 --> 00:03:58,000 Speaker 1: school at the time. 72 00:03:57,840 --> 00:04:01,800 Speaker 3: Right, and moved to Aden in Wisconsin. And in nineteen 73 00:04:01,840 --> 00:04:04,680 Speaker 3: eighty six, around Christmas time, I get a call from 74 00:04:04,680 --> 00:04:09,120 Speaker 3: an old girlfriend in a Toka, Oklahoma, and I was 75 00:04:09,120 --> 00:04:13,440 Speaker 3: between jobs, you know, feeling kind of bad about my surroundings, 76 00:04:13,680 --> 00:04:15,760 Speaker 3: seeing a lot of negativity that I didn't want to 77 00:04:15,760 --> 00:04:19,919 Speaker 3: get involved with. So relocating Oklahoma was my option, my 78 00:04:20,000 --> 00:04:23,640 Speaker 3: best option, and that's what I did. I went to Oklahoma, 79 00:04:24,160 --> 00:04:26,360 Speaker 3: ended up in a Toka, worked there for a couple 80 00:04:26,400 --> 00:04:30,039 Speaker 3: of weeks, found a better job in Ada, and moved 81 00:04:30,080 --> 00:04:33,880 Speaker 3: to Ada. And that was the beginning of my sorrows. 82 00:04:34,160 --> 00:04:37,240 Speaker 1: That's a very eloquent way of putting it. Eric I 83 00:04:37,240 --> 00:04:39,680 Speaker 1: want to turn to you for a second, So can 84 00:04:39,760 --> 00:04:41,400 Speaker 1: you take us back to this case. I mean, this 85 00:04:41,520 --> 00:04:44,680 Speaker 1: was a horrible crime. The local woman in Ada had 86 00:04:44,720 --> 00:04:48,080 Speaker 1: her home broken into after one in the morning. The 87 00:04:48,120 --> 00:04:51,120 Speaker 1: assailant pushed her into her house, stole money from her purse, 88 00:04:51,760 --> 00:04:53,800 Speaker 1: and did unspeakable things to her. 89 00:04:54,440 --> 00:04:59,120 Speaker 2: Yeah, So the victor always contended to police and testified 90 00:04:59,120 --> 00:05:03,560 Speaker 2: the trial that she received several prank calls at her home, 91 00:05:04,040 --> 00:05:05,560 Speaker 2: harassing calls. 92 00:05:05,279 --> 00:05:06,920 Speaker 3: I think she might have stated. 93 00:05:07,680 --> 00:05:10,880 Speaker 2: Then she goes to work, which is basically across the street, 94 00:05:10,920 --> 00:05:16,440 Speaker 2: to a restaurant she managed called Arby's. There she works 95 00:05:16,480 --> 00:05:19,800 Speaker 2: her complete shift or just about her complete shift, and 96 00:05:19,839 --> 00:05:23,279 Speaker 2: she claims that a bomb threat was levied by the 97 00:05:23,320 --> 00:05:27,720 Speaker 2: same voice that had been calling her harassing at her 98 00:05:27,760 --> 00:05:28,440 Speaker 2: home all day. 99 00:05:28,600 --> 00:05:31,040 Speaker 1: Now, sound like a horror movie, right. 100 00:05:30,920 --> 00:05:34,960 Speaker 2: Right, And so she clears her store, calls the police, 101 00:05:35,480 --> 00:05:39,080 Speaker 2: no bomb. They go ahead and close the store down, 102 00:05:39,640 --> 00:05:43,120 Speaker 2: and she claims again that the same caller calls the 103 00:05:43,120 --> 00:05:46,600 Speaker 2: store again and asked why she closed the store down. 104 00:05:46,800 --> 00:05:48,160 Speaker 2: I told you I was going to blow the place 105 00:05:48,240 --> 00:05:50,440 Speaker 2: up if you didn't close. 106 00:05:50,120 --> 00:05:50,760 Speaker 3: The store down. 107 00:05:51,520 --> 00:05:54,039 Speaker 2: Of course, the building never blew up. That's what she 108 00:05:54,240 --> 00:05:57,600 Speaker 2: contended all the way through trial. Then she goes at 109 00:05:57,640 --> 00:06:03,760 Speaker 2: approximately one one thirty home back across the street. That's 110 00:06:03,760 --> 00:06:08,719 Speaker 2: where she testified that one Blackmail had pushed her in 111 00:06:08,839 --> 00:06:13,920 Speaker 2: her home, put a condom on and raped her and 112 00:06:13,960 --> 00:06:16,560 Speaker 2: then took upwards of two hundred dollars from her purse. 113 00:06:16,760 --> 00:06:19,600 Speaker 2: And then she also claims, of course she lost deposit 114 00:06:19,680 --> 00:06:23,320 Speaker 2: receipts from the RB's close out cash. 115 00:06:23,040 --> 00:06:27,880 Speaker 1: To right, and he did other disgusting things. There was 116 00:06:27,880 --> 00:06:30,000 Speaker 1: a picture of her daughter in the house that he 117 00:06:30,440 --> 00:06:34,120 Speaker 1: apparently yes, had sort of you know, did sexual things 118 00:06:34,160 --> 00:06:38,320 Speaker 1: to the photograph and like very very bizarre character. Whoever 119 00:06:38,320 --> 00:06:42,160 Speaker 1: this guy was correct, That's what she testified to Perry. 120 00:06:42,240 --> 00:06:44,800 Speaker 1: Did you know anything about this crime? He is a 121 00:06:44,839 --> 00:06:47,000 Speaker 1: small community. Did it get the word get around? 122 00:06:47,200 --> 00:06:49,400 Speaker 3: I did not know anything about the crime when I 123 00:06:49,440 --> 00:06:54,600 Speaker 3: was first approached by Officer Crosby. I was in that 124 00:06:54,920 --> 00:06:57,200 Speaker 3: area of the crime scene, but I had no idea 125 00:06:57,279 --> 00:07:00,440 Speaker 3: crime had been committed. I had no idea who this 126 00:07:00,480 --> 00:07:01,160 Speaker 3: woman was. 127 00:07:01,400 --> 00:07:04,360 Speaker 1: And remember that name Crosby, everyone who's listening, because that's 128 00:07:04,400 --> 00:07:07,800 Speaker 1: going to be a crazy development as we go on 129 00:07:07,880 --> 00:07:11,000 Speaker 1: with this story. So in this case, we know that 130 00:07:11,040 --> 00:07:16,840 Speaker 1: the eyewitness misidentification was not inadvertence, right, it wasn't an accident. 131 00:07:17,280 --> 00:07:20,000 Speaker 1: She was steered as probably too light of a word 132 00:07:20,080 --> 00:07:24,880 Speaker 1: to describe how they ended up convincing her to identify you. 133 00:07:25,040 --> 00:07:27,200 Speaker 1: And we know that the mind is not a camera. 134 00:07:27,280 --> 00:07:29,400 Speaker 1: I think a lot of people think that you see something, 135 00:07:29,400 --> 00:07:31,440 Speaker 1: you recognize it, you remember it. That's not the way 136 00:07:31,440 --> 00:07:34,720 Speaker 1: it works at all. And of course, again in the 137 00:07:34,720 --> 00:07:38,800 Speaker 1: cross racial situation, it's even more prone to mistakes. But 138 00:07:39,480 --> 00:07:44,600 Speaker 1: the victim had described that her assailant had a gold 139 00:07:44,640 --> 00:07:46,440 Speaker 1: tooth or half a gold tooth, right. 140 00:07:47,000 --> 00:07:50,480 Speaker 3: That's what they say personally. I don't believe she ever 141 00:07:50,560 --> 00:07:54,320 Speaker 3: mentioned the gold tooth in her initial description of her assailant, 142 00:07:55,760 --> 00:07:59,360 Speaker 3: mainly because of this. I seen the police report where 143 00:07:59,360 --> 00:08:03,080 Speaker 3: the victim, it was a description at the very end 144 00:08:03,560 --> 00:08:06,520 Speaker 3: was a gold tooth like it had been added on. 145 00:08:07,440 --> 00:08:11,239 Speaker 1: She wasn't able to identify his hair color or tighte 146 00:08:11,280 --> 00:08:13,920 Speaker 1: because he wore a hat, and he wore a jacket 147 00:08:13,960 --> 00:08:17,000 Speaker 1: and things like that. And her description was so general 148 00:08:17,040 --> 00:08:18,960 Speaker 1: that she said that it was just a black male 149 00:08:19,040 --> 00:08:23,160 Speaker 1: between five seven and six two. That describes most people, right. 150 00:08:23,160 --> 00:08:26,360 Speaker 3: That describes entirely the whole black community mostly. 151 00:08:26,680 --> 00:08:30,520 Speaker 1: Yeah, how did it get from there to where Perry 152 00:08:30,560 --> 00:08:32,640 Speaker 1: ends up in a lineup. He had an alibi on 153 00:08:32,679 --> 00:08:36,160 Speaker 1: top of everything else, a very solid alibi, right, Yeah, 154 00:08:36,280 --> 00:08:37,560 Speaker 1: they didn't care about that. No. 155 00:08:38,040 --> 00:08:43,320 Speaker 2: How they landed on Perry was they were doing a 156 00:08:43,920 --> 00:08:47,720 Speaker 2: recreation of the crime for a show called Crime Stoppers 157 00:08:47,720 --> 00:08:50,560 Speaker 2: down there at the time, they would run on unsolved 158 00:08:50,640 --> 00:08:53,840 Speaker 2: crimes or you know, fresh crimes even and they were 159 00:08:53,880 --> 00:08:57,760 Speaker 2: filming that day. Perry had been in the neighborhood visiting 160 00:08:57,800 --> 00:09:01,240 Speaker 2: someone just a block away. He goes, turns the corner 161 00:09:01,520 --> 00:09:03,840 Speaker 2: and sees these camera crews up there and he stops 162 00:09:03,880 --> 00:09:06,840 Speaker 2: on the side of the road to watch. Detective Crosby 163 00:09:06,880 --> 00:09:11,840 Speaker 2: goes and approaches Ferry at the car, notices the gold tooth, 164 00:09:12,840 --> 00:09:14,800 Speaker 2: and it's all downhill from there. 165 00:09:15,080 --> 00:09:18,360 Speaker 1: Yes, you voluntarily went into the police station, and I 166 00:09:18,360 --> 00:09:20,199 Speaker 1: imagine when you went in there you probably thought, well, 167 00:09:20,240 --> 00:09:22,000 Speaker 1: I mean, I'm just going in and tell them what 168 00:09:22,040 --> 00:09:22,800 Speaker 1: I know and go home. 169 00:09:23,000 --> 00:09:27,400 Speaker 3: Yes, sir, like I said, mister Crosby came and approached 170 00:09:27,400 --> 00:09:30,400 Speaker 3: me that night. They questioned me for hours at the 171 00:09:30,440 --> 00:09:34,760 Speaker 3: police station, search my car, search my home, took me 172 00:09:34,840 --> 00:09:38,160 Speaker 3: back to the police station, released me with the words 173 00:09:38,480 --> 00:09:41,600 Speaker 3: you can go home, but don't leave town. So I 174 00:09:41,640 --> 00:09:48,839 Speaker 3: went home and my fiance was there, and evidently they 175 00:09:48,880 --> 00:09:52,080 Speaker 3: had questioned her while they were questioning me, And we 176 00:09:52,200 --> 00:09:54,760 Speaker 3: had a lot of tizzy, a little bit of a 177 00:09:54,760 --> 00:10:00,640 Speaker 3: spot because I just recently came to her home from Wisconsin, 178 00:10:01,400 --> 00:10:04,240 Speaker 3: and now she's hearing that, Hey, your boyfriend might be 179 00:10:04,320 --> 00:10:08,000 Speaker 3: a rapist, you know, so of course she's going to 180 00:10:08,040 --> 00:10:11,640 Speaker 3: be on age somewhat. That next morning, at work, I 181 00:10:11,760 --> 00:10:15,400 Speaker 3: was approached by Crosby again, would you mind helping us out? 182 00:10:15,800 --> 00:10:18,080 Speaker 3: We need to need you to be in a lineup. 183 00:10:18,880 --> 00:10:22,319 Speaker 3: Like you know, I'm just doing what any average citizen 184 00:10:22,360 --> 00:10:25,400 Speaker 3: would do, doing what my dad had always taught me 185 00:10:25,480 --> 00:10:29,760 Speaker 3: to do, is obey the police, cooperate, don't get disrespectful. 186 00:10:29,920 --> 00:10:32,719 Speaker 3: So I'll go to the police station with them and 187 00:10:33,120 --> 00:10:34,600 Speaker 3: participate in his lineup. 188 00:10:35,080 --> 00:10:37,520 Speaker 1: Right, And then it's almost comical to think that they 189 00:10:37,559 --> 00:10:39,720 Speaker 1: had this said. There's nothing funny about it. They took 190 00:10:39,760 --> 00:10:42,640 Speaker 1: the other man that they put in a lineup and 191 00:10:42,679 --> 00:10:45,959 Speaker 1: put aluminum foil as if to simulate a gold tooth 192 00:10:46,000 --> 00:10:47,920 Speaker 1: in their mouth. But you were the only one that 193 00:10:47,960 --> 00:10:50,040 Speaker 1: actually had a gold tooth, that's right. Plus they had 194 00:10:50,080 --> 00:10:51,880 Speaker 1: you say the words that she said she had. 195 00:10:51,720 --> 00:10:56,760 Speaker 3: Heard and after the lineup he comes with a shit 196 00:10:56,840 --> 00:11:01,400 Speaker 3: eat and green on his face. Yeah she picked you out, 197 00:11:01,720 --> 00:11:08,080 Speaker 3: said what she picked me? Yeah, she picked you, And 198 00:11:08,120 --> 00:11:13,280 Speaker 3: I'm right there. I'm just in a whirlpool of confusion. 199 00:11:13,880 --> 00:11:17,760 Speaker 3: So I'm in the city jail for a couple of weeks, 200 00:11:17,960 --> 00:11:20,440 Speaker 3: you know, screaming, Hey, I didn't do this, you guys 201 00:11:20,520 --> 00:11:24,120 Speaker 3: making a mistake. Nobody heard that, nobody wanted to hear that. 202 00:11:24,880 --> 00:11:27,679 Speaker 3: They moved me across the street to the county jail, 203 00:11:28,400 --> 00:11:31,280 Speaker 3: and I stayed there for a couple of months at 204 00:11:31,360 --> 00:11:36,200 Speaker 3: least the quarter point of attorney never came to see me, 205 00:11:37,200 --> 00:11:40,680 Speaker 3: never knew who I was until just right before time 206 00:11:40,840 --> 00:11:45,520 Speaker 3: for appearances in court. His name was Frank Baber, and 207 00:11:46,520 --> 00:11:49,000 Speaker 3: me being so naive since I didn't do this, I'm 208 00:11:49,040 --> 00:11:52,120 Speaker 3: thinking this is the easiest flipping over a pancake to 209 00:11:52,160 --> 00:11:55,600 Speaker 3: get me out of this situation. It's so much that 210 00:11:55,720 --> 00:11:59,040 Speaker 3: he allowed to go on that I now know he 211 00:11:59,080 --> 00:12:04,120 Speaker 3: should have been object I think it's like, hey, are 212 00:12:04,160 --> 00:12:06,480 Speaker 3: you on my side or are you on their side? 213 00:12:06,640 --> 00:12:09,760 Speaker 3: That's what I was thinking in my head because at 214 00:12:09,760 --> 00:12:15,640 Speaker 3: the time, even being totally unaware of what the law says, 215 00:12:16,440 --> 00:12:19,920 Speaker 3: you get a feeling as a defendant, if someone is 216 00:12:20,160 --> 00:12:23,680 Speaker 3: vigorously trying to defend you, I didn't get that feeling. 217 00:12:24,480 --> 00:12:27,760 Speaker 1: Sounds like it was more processing you than defending your processing. 218 00:12:27,840 --> 00:12:28,360 Speaker 3: That's right. 219 00:12:28,520 --> 00:12:30,120 Speaker 1: Did you hold out any hope that they were going 220 00:12:30,200 --> 00:12:30,960 Speaker 1: to find you innocent? 221 00:12:31,120 --> 00:12:34,720 Speaker 3: Or I had always thought they would find me innocent 222 00:12:34,840 --> 00:12:38,200 Speaker 3: because I knew that they had no evidence of me 223 00:12:38,360 --> 00:12:42,360 Speaker 3: doing anything. I knew that I had not done anything. 224 00:12:43,280 --> 00:12:46,280 Speaker 3: I'm thinking that this is gone all the way up 225 00:12:46,320 --> 00:12:48,760 Speaker 3: into picking the jewelry, and you guys still think I 226 00:12:48,800 --> 00:12:51,920 Speaker 3: did this. How can you think I did this? What 227 00:12:52,040 --> 00:12:54,800 Speaker 3: I did not know at the time was that eye 228 00:12:54,800 --> 00:13:01,520 Speaker 3: witnessed testimony was considered evidence. That's what me. I'm sitting 229 00:13:01,559 --> 00:13:05,080 Speaker 3: there thinking, Okay, where's the rake kit, where's the fingerprints, 230 00:13:05,160 --> 00:13:08,400 Speaker 3: where's the picture that you say was taken out of 231 00:13:08,440 --> 00:13:12,480 Speaker 3: the home? Where's the money that you say was missing. 232 00:13:12,880 --> 00:13:15,120 Speaker 3: I was flat broke at the time. Hell, when they 233 00:13:15,160 --> 00:13:18,480 Speaker 3: searched my house, they found a twenty dollar bill that 234 00:13:18,559 --> 00:13:22,240 Speaker 3: my fiance had hidden in her dresser and it floated 235 00:13:22,280 --> 00:13:24,320 Speaker 3: to the floor. Now I asked Jeff Crosby, I said, 236 00:13:24,320 --> 00:13:27,040 Speaker 3: can I have that? And he says, yeah, you can 237 00:13:27,080 --> 00:13:29,720 Speaker 3: have that. So I picked up that twenty dollar bill 238 00:13:29,720 --> 00:13:34,000 Speaker 3: and put it in my pocket. I didn't know better, 239 00:13:34,400 --> 00:13:41,600 Speaker 3: so I ended up in prison. And the trial lasted 240 00:13:41,720 --> 00:13:45,199 Speaker 3: all of eight hours. 241 00:13:45,400 --> 00:13:46,479 Speaker 1: Eight hours. 242 00:13:47,360 --> 00:13:49,199 Speaker 3: The trial lasted less than a. 243 00:13:49,160 --> 00:13:54,120 Speaker 1: Working day, and you were sentenced to three hundred years three. 244 00:13:54,240 --> 00:13:58,480 Speaker 3: Years consecutive sentences, four charges, four different sentences, one hundred, 245 00:13:58,520 --> 00:14:02,559 Speaker 3: one hundred and fifty and fifty for rape, robbery, burglary, 246 00:14:02,600 --> 00:14:03,880 Speaker 3: and bomb threatening. 247 00:14:06,040 --> 00:14:11,160 Speaker 1: Three hundred years. It's such a preposterous concept. I mean, 248 00:14:11,640 --> 00:14:14,120 Speaker 1: it's the idea that we even do that in this country. 249 00:14:14,160 --> 00:14:17,240 Speaker 1: Here the sense is a thousand years, and Oklahoma is 250 00:14:17,280 --> 00:14:21,160 Speaker 1: notorious for these and again I'm not minimizing the nature 251 00:14:21,200 --> 00:14:25,160 Speaker 1: of the crime. But Jesus Christ anyway, Eric. 252 00:14:25,120 --> 00:14:29,840 Speaker 2: An interesting side note free trial. I think it's interested 253 00:14:30,080 --> 00:14:31,960 Speaker 2: back to how they were doing things in pot of 254 00:14:32,040 --> 00:14:36,040 Speaker 2: Talk County. Eight of Williamson and Fritz were in jail 255 00:14:36,120 --> 00:14:37,200 Speaker 2: with Perrys. 256 00:14:38,040 --> 00:14:40,240 Speaker 1: And Williamson and Fritz were two of the men that 257 00:14:40,320 --> 00:14:43,600 Speaker 1: were profiled in the John Grisham, the only nonfiction book 258 00:14:43,600 --> 00:14:46,760 Speaker 1: that John has ever written, The Innocent Man, and John 259 00:14:46,840 --> 00:14:50,680 Speaker 1: told me John was on wrongful conviction. He said that 260 00:14:51,160 --> 00:14:53,240 Speaker 1: when he wrote that book, he had to write it 261 00:14:53,240 --> 00:14:56,640 Speaker 1: as nonfiction, he says, because when I write fiction, I 262 00:14:56,720 --> 00:15:00,120 Speaker 1: have to make it believable, and he goes the story. 263 00:15:00,280 --> 00:15:01,960 Speaker 1: The audience is not going to follow. Al I'm going 264 00:15:02,000 --> 00:15:05,360 Speaker 1: to lose my readers because this doesn't make any logical sense. 265 00:15:05,960 --> 00:15:09,560 Speaker 1: And Williamson and Fretz such an unbelievably tragic case of 266 00:15:09,640 --> 00:15:11,880 Speaker 1: two men wrongfully convicted and one of whom lost his 267 00:15:11,960 --> 00:15:14,520 Speaker 1: mind in prison and just months after he was released 268 00:15:14,600 --> 00:15:17,640 Speaker 1: ended up dead, really really sad, and he had been 269 00:15:17,800 --> 00:15:20,600 Speaker 1: an open age pitching prospect, he had his life ahead 270 00:15:20,600 --> 00:15:23,240 Speaker 1: of him. And the whole thing is a tragedy on 271 00:15:23,320 --> 00:15:25,240 Speaker 1: top of a tragedy, not to mention that there was 272 00:15:25,240 --> 00:15:27,280 Speaker 1: no justice for the victim, which was a rape and 273 00:15:27,360 --> 00:15:30,160 Speaker 1: murder case. And I want to go back to this 274 00:15:31,720 --> 00:15:35,200 Speaker 1: eye witness identification. If you, the listener, end up on 275 00:15:35,240 --> 00:15:38,440 Speaker 1: a jury and you have a pery lot in front 276 00:15:38,480 --> 00:15:40,800 Speaker 1: of you, you're in a criminal case and there's no 277 00:15:40,880 --> 00:15:45,640 Speaker 1: evidence except eyewitness identification. You should keep this in mind. 278 00:15:45,720 --> 00:15:49,560 Speaker 1: And I'm quoting from the amazing book Convicting the Innocent 279 00:15:49,640 --> 00:15:52,720 Speaker 1: by Brandon Garrett, which is sort of like the Bible 280 00:15:53,040 --> 00:15:56,680 Speaker 1: of wrongful conviction. Causes and practices that lead to them, 281 00:15:58,240 --> 00:16:01,720 Speaker 1: he said it. Many DNA ex on cases involving mistaken 282 00:16:01,760 --> 00:16:07,040 Speaker 1: eyewitnesses involved the use of suggestive identification procedures. A study 283 00:16:07,040 --> 00:16:09,720 Speaker 1: of the first two hundred and fifty DNA exonerations revealed 284 00:16:09,720 --> 00:16:13,040 Speaker 1: that an incredible eighty eight percent of the mistaken witness 285 00:16:13,040 --> 00:16:16,760 Speaker 1: exonerations involved either factors that are known to affect the 286 00:16:16,800 --> 00:16:21,920 Speaker 1: reliability of the identification, some suggestiveness in the identification procedure, 287 00:16:22,600 --> 00:16:24,960 Speaker 1: or both, And in this case it was both. So 288 00:16:25,960 --> 00:16:26,920 Speaker 1: the jury comes in. 289 00:16:28,280 --> 00:16:33,080 Speaker 3: It was the most surreal moment of my life. When 290 00:16:33,080 --> 00:16:35,240 Speaker 3: the jury came back and they found me guilty, all 291 00:16:35,280 --> 00:16:38,200 Speaker 3: I could do was stare in the space. I was 292 00:16:38,280 --> 00:16:43,280 Speaker 3: just sitting there in shock. And when they started reading 293 00:16:43,320 --> 00:16:48,120 Speaker 3: off the terms one hundred years, one hundred years, I 294 00:16:48,200 --> 00:16:52,000 Speaker 3: was paralyzed, wondering, what how can they be allowed to 295 00:16:52,000 --> 00:16:56,720 Speaker 3: count more than a person can actually live? If I 296 00:16:56,800 --> 00:16:59,520 Speaker 3: die in prison, you're still going to make me do time, 297 00:17:00,960 --> 00:17:03,320 Speaker 3: you know, I mean, it's like you said, it just 298 00:17:03,360 --> 00:17:06,720 Speaker 3: don't make sense to give a person more time than 299 00:17:06,760 --> 00:17:08,360 Speaker 3: a lifespan, you know what I mean? 300 00:17:08,560 --> 00:17:10,400 Speaker 1: Right? And in case you come back to life, maybe 301 00:17:10,440 --> 00:17:13,199 Speaker 1: they want to back and then you have to come 302 00:17:13,200 --> 00:17:14,840 Speaker 1: back to life of these a couple of times and 303 00:17:14,880 --> 00:17:17,440 Speaker 1: still live a long life. Each thing is ridiculous. 304 00:17:17,800 --> 00:17:21,600 Speaker 3: I had a discussion with Eric just last night. I said, 305 00:17:22,320 --> 00:17:24,560 Speaker 3: you know, they should take the sentence and portion of 306 00:17:24,640 --> 00:17:29,480 Speaker 3: the trial out of the jury's hands because they are citizens. 307 00:17:30,040 --> 00:17:34,760 Speaker 3: They get emotional, They are angry when they get the 308 00:17:34,760 --> 00:17:41,160 Speaker 3: details of these crimes. Whether it's coherst or whether it's fabricated, 309 00:17:41,600 --> 00:17:45,560 Speaker 3: or whether it's just plain fact. These people have emotional 310 00:17:45,600 --> 00:17:50,000 Speaker 3: attachments to that, and that's why they give people these 311 00:17:50,080 --> 00:17:53,960 Speaker 3: ex financial amounts of time. When you know, one hundred 312 00:17:54,040 --> 00:17:56,719 Speaker 3: years is enough to see a person die in prison, 313 00:17:57,640 --> 00:17:58,320 Speaker 3: but you want to. 314 00:17:58,280 --> 00:18:01,680 Speaker 1: Go overkill and even the just breaking it down to 315 00:18:01,720 --> 00:18:03,679 Speaker 1: the granular level, just the idea that they sends you 316 00:18:03,720 --> 00:18:05,679 Speaker 1: to fifty years for robbery and the robbery was one 317 00:18:05,760 --> 00:18:07,840 Speaker 1: hundred and twenty dollars, right or whatever it was, two 318 00:18:07,920 --> 00:18:09,439 Speaker 1: hundred dolls like that, I mean. 319 00:18:09,600 --> 00:18:13,000 Speaker 2: In fifty for the bumb threat. Additionally fifty the. 320 00:18:12,960 --> 00:18:15,280 Speaker 1: Bumb threat as well. Yeah, and we know, of course 321 00:18:15,320 --> 00:18:18,040 Speaker 1: that these threats went on, and there were other cases 322 00:18:18,119 --> 00:18:21,320 Speaker 1: after Perry was arrested and convicted, where whoever the actual 323 00:18:21,320 --> 00:18:24,280 Speaker 1: perpetrator was continued with the same memo, which should be 324 00:18:24,640 --> 00:18:26,520 Speaker 1: not even a red flag should be a flashing red 325 00:18:26,600 --> 00:18:29,600 Speaker 1: light where they go, hold up, this is we got 326 00:18:30,680 --> 00:18:33,000 Speaker 1: were bucked up, you know what I mean. But that's 327 00:18:33,080 --> 00:18:36,000 Speaker 1: not what happened. So you get take into prison. 328 00:18:36,080 --> 00:18:39,760 Speaker 3: Yes, prison life. After sitting in the county jail for 329 00:18:39,760 --> 00:18:42,080 Speaker 3: four or five months, you're kind of glad to go 330 00:18:42,119 --> 00:18:47,000 Speaker 3: to prison. So it's a real messed up thing in 331 00:18:47,080 --> 00:18:47,960 Speaker 3: the mind. 332 00:18:48,320 --> 00:18:48,520 Speaker 1: You know. 333 00:18:48,640 --> 00:18:52,080 Speaker 3: It's like they say, the eyes will play tricks on you. 334 00:18:53,000 --> 00:18:55,720 Speaker 3: After a certain amount of time, with a traumatic situation 335 00:18:55,960 --> 00:18:59,680 Speaker 3: or unfamiliar situation, the mind will start playing tricks on 336 00:18:59,720 --> 00:19:04,360 Speaker 3: you to you hear things, you see things, you imagine things. 337 00:19:05,440 --> 00:19:10,080 Speaker 3: So once I did get in the doc system, I 338 00:19:10,160 --> 00:19:12,639 Speaker 3: was glad to have a bed. I was glad to 339 00:19:12,720 --> 00:19:17,760 Speaker 3: have fresh clothes, a shower, movement of the things you 340 00:19:17,800 --> 00:19:20,720 Speaker 3: don't get in the counter jail. So that took a 341 00:19:20,720 --> 00:19:23,280 Speaker 3: lot of pressure off of what I was going through 342 00:19:23,320 --> 00:19:23,879 Speaker 3: at the time. 343 00:19:24,520 --> 00:19:28,200 Speaker 1: Then I think most people don't realize, but I hear 344 00:19:28,280 --> 00:19:32,720 Speaker 1: from so many of the exogneries that jails are worse 345 00:19:32,760 --> 00:19:35,520 Speaker 1: than the prisons, and it's actually logical when you think 346 00:19:35,520 --> 00:19:37,200 Speaker 1: about it. I think people if they're the word jail, 347 00:19:37,280 --> 00:19:39,720 Speaker 1: they think of like the classic thing in the movies 348 00:19:39,720 --> 00:19:41,440 Speaker 1: where it's like a country place and they. 349 00:19:41,440 --> 00:19:43,800 Speaker 3: Ain't like Barney and Andy like that. 350 00:19:43,960 --> 00:19:46,359 Speaker 1: So you know, like that, it's true all over the country. 351 00:19:46,359 --> 00:19:48,560 Speaker 1: In jails, it's just a powder cake because everybody's in 352 00:19:48,560 --> 00:19:51,320 Speaker 1: the cell together. There's no recreation, there's no education, there's 353 00:19:51,320 --> 00:19:54,920 Speaker 1: no release of anything, there's no outdoors, there's nothing so 354 00:19:55,359 --> 00:19:57,320 Speaker 1: and as you said, no clean clothes. I mean, it's 355 00:19:57,359 --> 00:20:00,600 Speaker 1: really and it's designed to break people and actually make 356 00:20:00,680 --> 00:20:03,680 Speaker 1: them confess the crimes that didn't commit just to go home. 357 00:20:04,040 --> 00:20:06,440 Speaker 1: These places are dirty, they're incubators of disease. 358 00:20:07,040 --> 00:20:08,600 Speaker 3: They wouldn't worship on my worst ending. 359 00:20:08,640 --> 00:20:12,680 Speaker 2: A lot of informant Joie Howson snitch stuff comes out 360 00:20:12,680 --> 00:20:13,680 Speaker 2: of that environment too. 361 00:20:14,080 --> 00:20:16,680 Speaker 1: But now you went to the prison and your sentenced 362 00:20:16,680 --> 00:20:21,280 Speaker 1: to well life because three hundred years, you know you 363 00:20:21,280 --> 00:20:23,240 Speaker 1: weren't going to live that long. It's a miracle you 364 00:20:23,280 --> 00:20:25,000 Speaker 1: lived through this whole experience in the first place. 365 00:20:25,040 --> 00:20:28,240 Speaker 3: It surely is. I went in at twenty four years old, 366 00:20:30,160 --> 00:20:34,160 Speaker 3: waited three or four years for the direct appeal. Once 367 00:20:34,280 --> 00:20:38,240 Speaker 3: that was affirmed, I had no idea how the hell they. 368 00:20:38,160 --> 00:20:40,479 Speaker 1: Affirmed that affirmed your conviction. 369 00:20:41,320 --> 00:20:44,680 Speaker 3: How do you do that with the facts all laid out, 370 00:20:45,880 --> 00:20:48,919 Speaker 3: I should have been home after three or four. I 371 00:20:49,000 --> 00:20:51,719 Speaker 3: knew enough about law to know that what the jury 372 00:20:51,760 --> 00:20:54,960 Speaker 3: says is what the jury says. However, that's what the 373 00:20:55,000 --> 00:20:59,000 Speaker 3: appeal process is for, correctly, to rectify what the jury 374 00:20:59,040 --> 00:21:05,200 Speaker 3: in the courtroom allowed that should never been allowed. When 375 00:21:05,240 --> 00:21:09,879 Speaker 3: I was affirmed, I knew that I had a war 376 00:21:10,560 --> 00:21:14,880 Speaker 3: on my hands. I had to become my own attorney 377 00:21:15,000 --> 00:21:18,040 Speaker 3: because my family could not afford to help me. They 378 00:21:18,080 --> 00:21:21,520 Speaker 3: were so far away in Wisconsin. I was basically by 379 00:21:21,560 --> 00:21:27,720 Speaker 3: myself against the state. I like to point out the 380 00:21:27,800 --> 00:21:29,760 Speaker 3: people when I talk to them about this, when it 381 00:21:29,800 --> 00:21:34,760 Speaker 3: says lot versus state, it's just like Oklahoma versus Texas. 382 00:21:35,520 --> 00:21:42,880 Speaker 3: You're at war. I had to learn as quick as possible, 383 00:21:42,960 --> 00:21:46,840 Speaker 3: as much as possible about what avenues is going to 384 00:21:46,880 --> 00:21:53,239 Speaker 3: get me set free, because now I am here and 385 00:21:53,280 --> 00:22:15,160 Speaker 3: it doesn't have a back door. Well, once I got 386 00:22:15,320 --> 00:22:21,479 Speaker 3: to about twelve fifteen years in, I started losing it. 387 00:22:21,560 --> 00:22:25,040 Speaker 3: I started losing hope. I started thinking I just might 388 00:22:25,119 --> 00:22:29,199 Speaker 3: die in here. And two thousand and two was the 389 00:22:29,240 --> 00:22:34,120 Speaker 3: first time I went up for parole. Nothing changed. In 390 00:22:34,160 --> 00:22:36,840 Speaker 3: two thousand and five, I had a near death experience 391 00:22:37,240 --> 00:22:42,040 Speaker 3: with staff infection. That's why I am partially disabled now. 392 00:22:42,960 --> 00:22:47,120 Speaker 3: Staff infection had gotten into my system. I didn't even 393 00:22:47,160 --> 00:22:52,159 Speaker 3: know what staff was, so it lingered in my body, 394 00:22:52,760 --> 00:22:56,280 Speaker 3: actually got into my blood and mercered and attached to 395 00:22:56,359 --> 00:23:02,360 Speaker 3: my spinal cord in my neck. It was eating through 396 00:23:02,400 --> 00:23:07,200 Speaker 3: the vertebrae in my net, exposed a few nerves, and 397 00:23:08,480 --> 00:23:12,680 Speaker 3: I'm lucky to be alive. So two thousand and five 398 00:23:12,720 --> 00:23:19,359 Speaker 3: I was hospitalized. So they skipped over my parole hearing. Yes, yes, 399 00:23:19,720 --> 00:23:22,160 Speaker 3: they totally skipped over my parole hearing, so I had 400 00:23:22,160 --> 00:23:25,760 Speaker 3: to wait until two thousand and eight. That was probably 401 00:23:26,720 --> 00:23:32,680 Speaker 3: the only time I ever considered dying in prison, and 402 00:23:33,240 --> 00:23:35,960 Speaker 3: that was two thousand and five. Between two thousand and 403 00:23:36,000 --> 00:23:39,879 Speaker 3: five and two thousand and eight, I saw and I 404 00:23:40,080 --> 00:23:43,000 Speaker 3: sensed that I wasn't ever going to be released by 405 00:23:43,080 --> 00:23:44,320 Speaker 3: this parole board. 406 00:23:44,800 --> 00:23:46,640 Speaker 1: Ouse they probably wanted you to admit guil right. 407 00:23:46,920 --> 00:23:50,520 Speaker 3: I wrote a letter, thinking that if I admit to 408 00:23:50,600 --> 00:23:54,360 Speaker 3: this crime, they just may give me some relief, because 409 00:23:54,400 --> 00:23:58,080 Speaker 3: in prison, you are under the impression that they want 410 00:23:58,240 --> 00:24:03,560 Speaker 3: some kind of remorse, they want some kind of confession, 411 00:24:03,600 --> 00:24:07,480 Speaker 3: They want to see you broke down, especially when you've 412 00:24:07,520 --> 00:24:10,240 Speaker 3: been claiming to be innocent. So I'm thinking I'm going 413 00:24:10,280 --> 00:24:12,399 Speaker 3: to give them what they want. I'm going to manipulate 414 00:24:12,440 --> 00:24:15,080 Speaker 3: my way out of here. That's after so many years 415 00:24:15,119 --> 00:24:18,320 Speaker 3: of being in you start thinking like this, Well, the 416 00:24:18,359 --> 00:24:20,639 Speaker 3: truth isn't working, so now I'm going to lie and 417 00:24:20,680 --> 00:24:23,320 Speaker 3: see if that'll do anything. Well. Between two thousand and 418 00:24:23,400 --> 00:24:26,600 Speaker 3: eight and twenty eleven, the Innocence Project took my case. 419 00:24:27,920 --> 00:24:31,320 Speaker 3: The first thing I did was told my attorneys, hey, 420 00:24:31,640 --> 00:24:35,000 Speaker 3: look we got an issue. I've already confessed to these crimes. 421 00:24:35,040 --> 00:24:38,160 Speaker 3: I didn't do them, but I confessed to them trying 422 00:24:38,160 --> 00:24:43,200 Speaker 3: to manipulate and got the letters retracted, and we explained 423 00:24:43,240 --> 00:24:46,320 Speaker 3: why I did that. It was kind of like a duress, 424 00:24:46,640 --> 00:24:50,800 Speaker 3: and that was probably the last time I had given 425 00:24:50,880 --> 00:24:55,240 Speaker 3: up hope. But prior to that, I had already started 426 00:24:55,560 --> 00:25:00,160 Speaker 3: feeling like it's hopeless against this. There's no way I'm 427 00:25:00,200 --> 00:25:02,119 Speaker 3: going to be a I mean, I have done a 428 00:25:02,160 --> 00:25:04,960 Speaker 3: stack of briefs like this on my case, and good 429 00:25:05,880 --> 00:25:10,800 Speaker 3: good law work, proslit againt law work, and nothing ever worked. 430 00:25:10,880 --> 00:25:14,760 Speaker 3: I said, damn, you know the law is written. Why 431 00:25:14,800 --> 00:25:16,720 Speaker 3: aren't you guys giving me some relief? 432 00:25:17,040 --> 00:25:19,000 Speaker 1: Why aren't you actually paying attention to the laws that. 433 00:25:18,960 --> 00:25:21,439 Speaker 3: Were Everything in the law says that I should be 434 00:25:21,480 --> 00:25:24,960 Speaker 3: getting some kind of relief from the state. You guys 435 00:25:25,040 --> 00:25:28,240 Speaker 3: never really proved anything here. Why am I in prison? 436 00:25:29,880 --> 00:25:35,960 Speaker 3: What connection do you have other than this high witness testimony? 437 00:25:36,680 --> 00:25:44,040 Speaker 3: Being denied so many times was detrimental because when you 438 00:25:44,080 --> 00:25:47,040 Speaker 3: feel like you have no hope of ever reaching anybody 439 00:25:47,080 --> 00:25:51,119 Speaker 3: with the truth, you become something different. And if you 440 00:25:51,160 --> 00:25:54,480 Speaker 3: don't have good people around you to help you get 441 00:25:54,480 --> 00:25:57,639 Speaker 3: your mind right, you're going to become part of that 442 00:25:57,720 --> 00:26:00,720 Speaker 3: prison and you're never going to leave. It's kind of 443 00:26:00,760 --> 00:26:03,680 Speaker 3: like the soft Shank prediction where the guy says, these 444 00:26:03,720 --> 00:26:07,120 Speaker 3: walls do something to you. They do. 445 00:26:08,960 --> 00:26:11,119 Speaker 1: Yeah, that movie had a profound effect on me and 446 00:26:11,200 --> 00:26:15,159 Speaker 1: so many other people. Nobody's listening. The Innocence Project gets involved, 447 00:26:15,160 --> 00:26:16,720 Speaker 1: that's obviously a huge development. 448 00:26:16,880 --> 00:26:19,280 Speaker 3: That's the only time I regained hope. 449 00:26:19,600 --> 00:26:19,840 Speaker 1: Yep. 450 00:26:19,960 --> 00:26:22,400 Speaker 3: Actually I took my hands off the wheel when I knew. 451 00:26:23,000 --> 00:26:25,639 Speaker 3: When you hear the word Innocence Project in prison, you 452 00:26:25,760 --> 00:26:29,320 Speaker 3: know you got the kind of help you need. That 453 00:26:29,400 --> 00:26:34,240 Speaker 3: place is synonymous with God when you're an innocent person, 454 00:26:34,480 --> 00:26:38,680 Speaker 3: the Innocence Project, when you hear that name, you you 455 00:26:39,080 --> 00:26:40,000 Speaker 3: know you're going home. 456 00:26:40,760 --> 00:26:43,440 Speaker 1: Wow, that's heavy. It's great to hear. Having been there 457 00:26:43,480 --> 00:26:47,639 Speaker 1: myself for twenty five twenty six years, it's amazing. I 458 00:26:47,760 --> 00:26:51,359 Speaker 1: never heard it put that way before, but it's great 459 00:26:51,359 --> 00:26:55,080 Speaker 1: to hear. That obviously means a lot. So instance project 460 00:26:55,080 --> 00:26:57,080 Speaker 1: gets involved. How did you get involved, Erek, and how 461 00:26:57,080 --> 00:26:59,280 Speaker 1: did you help to resolve this? And how the hell 462 00:26:59,359 --> 00:27:02,479 Speaker 1: is he here instead of serving another two hundred and 463 00:27:02,480 --> 00:27:05,919 Speaker 1: seventy something years or two hundred and sixty eight to 464 00:27:06,000 --> 00:27:06,479 Speaker 1: be exact. 465 00:27:06,640 --> 00:27:08,439 Speaker 3: That's my champion right there. Man. 466 00:27:09,080 --> 00:27:13,840 Speaker 2: So I was working on some other post conviction cases 467 00:27:14,920 --> 00:27:19,000 Speaker 2: and Karen Thompson had reached out to me on a 468 00:27:19,040 --> 00:27:22,399 Speaker 2: referral from some lawyers that I was working with on 469 00:27:22,440 --> 00:27:26,800 Speaker 2: those cases. So in twenty thirteen, Karen wanted me to 470 00:27:26,840 --> 00:27:30,359 Speaker 2: simply go meet Perry at Dick Connor in prison and 471 00:27:30,400 --> 00:27:33,359 Speaker 2: take his DNA sample and then of course to get 472 00:27:33,359 --> 00:27:37,000 Speaker 2: that sample to sell Mark, which is who the Innocence 473 00:27:37,040 --> 00:27:38,520 Speaker 2: Project uses to test their. 474 00:27:38,560 --> 00:27:41,000 Speaker 1: DNA by the DNA lab very fast lab. 475 00:27:41,240 --> 00:27:45,159 Speaker 2: They're the best. And in the meantime Karen winahead and 476 00:27:45,200 --> 00:27:48,520 Speaker 2: assigned me some other duties. One of those things was 477 00:27:48,560 --> 00:27:53,480 Speaker 2: to find an alternate suspect and find the individual who 478 00:27:53,520 --> 00:27:58,080 Speaker 2: actually did this. Well, I spent a lot of time 479 00:27:58,200 --> 00:28:03,280 Speaker 2: doing that and doing my own covert methods of obtaining DNA, 480 00:28:03,560 --> 00:28:07,199 Speaker 2: such as posing as somebody from a casino with you know, 481 00:28:07,200 --> 00:28:09,280 Speaker 2: I've pulled this guy's trash that I thought, you know, 482 00:28:09,320 --> 00:28:11,560 Speaker 2: I've done it, and he's a big casino guy. I 483 00:28:11,600 --> 00:28:14,320 Speaker 2: show up the gift guard, Hey, lick this envelope. We 484 00:28:14,359 --> 00:28:16,920 Speaker 2: actually went that far, you know, tested it in the 485 00:28:16,920 --> 00:28:18,520 Speaker 2: whole bit and a gift card trick. 486 00:28:18,600 --> 00:28:20,720 Speaker 1: That's good, yeah, yeah, and. 487 00:28:21,119 --> 00:28:24,960 Speaker 2: So but it was very disheartening. Uh, this guy been 488 00:28:24,960 --> 00:28:28,320 Speaker 2: acquitted of two rapes I think one one dismissal and 489 00:28:28,359 --> 00:28:31,640 Speaker 2: one a quttle, all within this somewhat of a similar 490 00:28:31,760 --> 00:28:35,560 Speaker 2: mL and man, we were pretty confident it was him, 491 00:28:35,760 --> 00:28:38,480 Speaker 2: and of course a little heartbroken to find out it was. 492 00:28:38,520 --> 00:28:40,640 Speaker 2: And but then again, we don't want to be part 493 00:28:40,680 --> 00:28:43,400 Speaker 2: of wrongfully accusing people either, so that we moved on 494 00:28:43,480 --> 00:28:48,160 Speaker 2: from this guy, and so we continue to move along 495 00:28:49,080 --> 00:28:53,120 Speaker 2: the whole time, though in the mean meantime, Karen is 496 00:28:53,240 --> 00:28:58,120 Speaker 2: constantly trying to get the DA from Potna Talk County. 497 00:28:58,280 --> 00:29:01,400 Speaker 2: Who's this guy that's been there since the Williamson Frint 498 00:29:01,600 --> 00:29:06,080 Speaker 2: Fontinea Award days. They're just so stuck, I mean, in 499 00:29:06,120 --> 00:29:10,239 Speaker 2: their ways, and Karen trying to budget him just to cooperate. Well, 500 00:29:10,280 --> 00:29:15,200 Speaker 2: let's at least let my investigator interview this victim. And so, 501 00:29:16,040 --> 00:29:21,560 Speaker 2: long story short, Finally Detective Crosby, who's still there as well, 502 00:29:22,280 --> 00:29:26,680 Speaker 2: finds the victim and it was agreed upon that he 503 00:29:26,800 --> 00:29:29,120 Speaker 2: and I would go interview her together. 504 00:29:30,000 --> 00:29:32,240 Speaker 1: And this is where shit gets real and he gets 505 00:29:32,440 --> 00:29:34,360 Speaker 1: real real. So tell us about that. 506 00:29:34,680 --> 00:29:38,760 Speaker 2: Yeah, so we agreed that he would go first and 507 00:29:38,760 --> 00:29:41,320 Speaker 2: I wouldn't interrupt him, and I would go last and 508 00:29:41,360 --> 00:29:45,200 Speaker 2: he wouldn't interrupt me. We get in there, the victim 509 00:29:45,560 --> 00:29:50,000 Speaker 2: says that going along with a whole bit, everything's the same, 510 00:29:50,160 --> 00:29:53,760 Speaker 2: nothing's really changed today as I sit here, and then 511 00:29:53,800 --> 00:29:56,720 Speaker 2: at some point, of course, me being in the room, 512 00:29:57,160 --> 00:30:01,120 Speaker 2: I've done no telling how many interviews have individuals, from 513 00:30:01,400 --> 00:30:04,959 Speaker 2: defendants to suspects. You just get the body language. Part two. 514 00:30:05,040 --> 00:30:07,240 Speaker 2: You can't really read in the transcript. I could see 515 00:30:07,240 --> 00:30:10,840 Speaker 2: something change in her body language that was very much 516 00:30:11,320 --> 00:30:13,800 Speaker 2: in line, and the energy was that she was ready 517 00:30:13,800 --> 00:30:16,000 Speaker 2: to get this off of chess and tired of carrying 518 00:30:16,080 --> 00:30:19,360 Speaker 2: this around. And in fact, in the transcript you can 519 00:30:19,400 --> 00:30:21,400 Speaker 2: read in there. He actually asked her if she's okay 520 00:30:21,480 --> 00:30:24,320 Speaker 2: during his questioning of her. It was really light, you know, 521 00:30:25,000 --> 00:30:25,400 Speaker 2: and she. 522 00:30:25,280 --> 00:30:26,360 Speaker 1: Had to get a drink of water. 523 00:30:26,400 --> 00:30:29,800 Speaker 2: Her mouth was dry, and she stuttering things like that. 524 00:30:31,120 --> 00:30:33,840 Speaker 2: And then it was my turn. And then in the 525 00:30:33,840 --> 00:30:37,200 Speaker 2: beginning of my interview with her, she was definitive that 526 00:30:37,280 --> 00:30:40,760 Speaker 2: it was still Pairy. She was definitive that it was 527 00:30:40,840 --> 00:30:44,640 Speaker 2: his voice and that that voice is what carried her 528 00:30:44,800 --> 00:30:51,680 Speaker 2: through her certainty it was Parry. And then the best 529 00:30:51,680 --> 00:30:53,840 Speaker 2: thing I had to do, and I've done this many times, 530 00:30:54,120 --> 00:30:59,200 Speaker 2: was and again I knew she had other things to say, Okay. 531 00:30:58,880 --> 00:30:59,520 Speaker 3: Well I'm ready. 532 00:31:00,720 --> 00:31:01,480 Speaker 1: Is that all you have? 533 00:31:01,840 --> 00:31:04,719 Speaker 2: No? Yeah, okay, well I'm okay. Well let's wrap it up. 534 00:31:04,720 --> 00:31:07,360 Speaker 2: I appreciate your time, and this has been tough. And 535 00:31:07,400 --> 00:31:11,720 Speaker 2: then she tells me more, I do that about three times. 536 00:31:13,160 --> 00:31:19,360 Speaker 2: She ends up telling me that she identified Perry on 537 00:31:19,440 --> 00:31:25,240 Speaker 2: a hunch, that on a hunch, that she did not 538 00:31:25,480 --> 00:31:30,760 Speaker 2: receive multiple calls that day at her home, that she 539 00:31:30,880 --> 00:31:34,840 Speaker 2: only received one call at the Arby's at her work, 540 00:31:36,200 --> 00:31:42,200 Speaker 2: that there were two men there, not one, and the 541 00:31:42,600 --> 00:31:45,720 Speaker 2: koupdo gral was is that it wasn't even his voice. 542 00:31:46,800 --> 00:31:48,880 Speaker 1: So this was a I see you smiling now, I 543 00:31:48,880 --> 00:31:50,480 Speaker 1: mean that was a Eureka moment for you. 544 00:31:51,320 --> 00:31:51,960 Speaker 3: Yeah. 545 00:31:51,960 --> 00:31:57,520 Speaker 2: Absolutely, And I was so stunned that I didn't even 546 00:31:58,000 --> 00:32:02,080 Speaker 2: realize she had said that. And two men in the 547 00:32:02,080 --> 00:32:05,760 Speaker 2: interview as we sat there as this was unraveling, and 548 00:32:05,800 --> 00:32:11,440 Speaker 2: at this point, Detective Crosby starts to interrupt, interject and 549 00:32:11,560 --> 00:32:16,360 Speaker 2: sway her, even to the point of telling her that 550 00:32:17,320 --> 00:32:22,160 Speaker 2: deep into her confession, so to speak, that he still 551 00:32:22,160 --> 00:32:25,760 Speaker 2: thinks Perry's the guy that did that to her. 552 00:32:26,400 --> 00:32:29,560 Speaker 3: Her story totally flipped when Eric got in front of him. 553 00:32:30,160 --> 00:32:33,160 Speaker 2: I read the transcripts attached the post conviction relieve filing. 554 00:32:33,240 --> 00:32:34,760 Speaker 3: I mean you could. 555 00:32:34,560 --> 00:32:36,960 Speaker 2: See I was ready to leave her home three times, 556 00:32:37,040 --> 00:32:40,120 Speaker 2: and she wasn't ready for me to leave. She wanted 557 00:32:40,120 --> 00:32:40,960 Speaker 2: to get this off her. 558 00:32:40,920 --> 00:32:45,600 Speaker 1: Chest, right, And then then things start to really roll. 559 00:32:45,680 --> 00:32:48,280 Speaker 1: And then so at what point did you know you 560 00:32:48,280 --> 00:32:48,960 Speaker 1: were going home? 561 00:32:49,320 --> 00:32:52,080 Speaker 3: Like I said, the Innocence Project took my case in 562 00:32:52,160 --> 00:32:57,360 Speaker 3: twenty eleven, and it was a couple of years after 563 00:32:57,400 --> 00:33:00,680 Speaker 3: that fourteen when you got involved, when they came and 564 00:33:00,720 --> 00:33:05,440 Speaker 3: got my DNA inside the prison. I think that was 565 00:33:05,440 --> 00:33:07,040 Speaker 3: the moment I knew I was going home. 566 00:33:08,200 --> 00:33:11,520 Speaker 1: Eric, can you just explain the DNA findings in this 567 00:33:11,600 --> 00:33:13,600 Speaker 1: case and how they impacted the outcome. 568 00:33:14,560 --> 00:33:19,040 Speaker 2: Yes, so there were two contributors found in the victims 569 00:33:19,120 --> 00:33:22,440 Speaker 2: canal per the rape kit done in nineteen eighty seven. 570 00:33:23,200 --> 00:33:26,720 Speaker 2: Her ex husband was generous enough to meet with me 571 00:33:27,080 --> 00:33:30,360 Speaker 2: and allowed me to collect his DNA as well, and 572 00:33:30,480 --> 00:33:33,680 Speaker 2: that was one of the matches. The other match is 573 00:33:33,720 --> 00:33:37,200 Speaker 2: still unknown. I have my thoughts on who it is 574 00:33:37,920 --> 00:33:40,640 Speaker 2: as I sit here, But Perry. 575 00:33:40,440 --> 00:33:46,040 Speaker 1: Was excluded, that didn't do it. Those are the magic words. 576 00:33:46,080 --> 00:33:47,480 Speaker 1: Perry was excluded. 577 00:33:47,840 --> 00:33:52,560 Speaker 2: Yes, Karen and I are obviously very excited, the projects excited, 578 00:33:53,440 --> 00:33:58,560 Speaker 2: but Ada being Ada, none of this was good enough. 579 00:33:59,000 --> 00:34:01,160 Speaker 2: That still wasn't going They're still going to fight it. 580 00:34:01,200 --> 00:34:03,000 Speaker 2: They're still going to fight the DNA. They're still going 581 00:34:03,080 --> 00:34:06,480 Speaker 2: to fight basically a confession from the victim and then 582 00:34:06,600 --> 00:34:09,120 Speaker 2: so they're forcing this the state all the way to 583 00:34:09,200 --> 00:34:12,759 Speaker 2: a post conviction relief hearing. And so July ninth of 584 00:34:12,800 --> 00:34:16,120 Speaker 2: twenty eighteen, that was one of what would probably be 585 00:34:16,160 --> 00:34:20,800 Speaker 2: two to three hearings. Jeff Crosby is slated to testify 586 00:34:21,000 --> 00:34:25,799 Speaker 2: on July ninth, and of course I'll let Perry tell 587 00:34:25,840 --> 00:34:28,640 Speaker 2: the audience tell you what would happened on the ninth. 588 00:34:28,800 --> 00:34:35,280 Speaker 2: But on the seventh, unbeknownst to Perry and the team detached, 589 00:34:35,400 --> 00:34:39,240 Speaker 2: Crosby had taken his own life. 590 00:34:40,680 --> 00:34:44,560 Speaker 3: So two days before this Saturday and Sunday, I was 591 00:34:44,640 --> 00:34:46,840 Speaker 3: appearing in court that Monday. 592 00:34:47,000 --> 00:34:49,000 Speaker 1: So I mean, obviously we'll never know, but do you 593 00:34:49,040 --> 00:34:50,839 Speaker 1: have any theory as to why he did that? I mean, 594 00:34:50,880 --> 00:34:53,520 Speaker 1: the timing is not coincidental. 595 00:34:53,200 --> 00:34:54,279 Speaker 3: That would be my only thought. 596 00:34:54,320 --> 00:34:57,040 Speaker 2: I'm an investigator. I'm not a fan of coincidence, so 597 00:34:57,560 --> 00:35:01,120 Speaker 2: I didn't find it coincidental at all. He was getting 598 00:35:01,160 --> 00:35:13,799 Speaker 2: ready to get chopped up on the stand on Monday. 599 00:35:16,320 --> 00:35:19,080 Speaker 1: I think people at home are probably wondering, why in 600 00:35:19,120 --> 00:35:27,520 Speaker 1: the world, with DNA scientifically proving that Perry had nothing 601 00:35:27,520 --> 00:35:31,719 Speaker 1: to do with this crime, and with the victim herself 602 00:35:31,880 --> 00:35:37,799 Speaker 1: recanting her testimony, and with no evidence whatsoever connecting him 603 00:35:37,840 --> 00:35:40,800 Speaker 1: to it, why is he on probation. 604 00:35:41,600 --> 00:35:45,359 Speaker 2: Well, first off, that was something that Perry had to 605 00:35:45,400 --> 00:35:48,040 Speaker 2: discuss with his two attorneys at the time. I wasn't 606 00:35:48,080 --> 00:35:50,680 Speaker 2: part of that conversation, but I know enough that I 607 00:35:50,719 --> 00:35:53,960 Speaker 2: can speak about it. The risk out of that county 608 00:35:54,000 --> 00:35:57,759 Speaker 2: because it's a district judge that here's this. They transitioned 609 00:35:57,800 --> 00:35:59,959 Speaker 2: to a new DA, but it's still the same type 610 00:36:00,080 --> 00:36:04,040 Speaker 2: a mindset in that county. So the risk, with all 611 00:36:04,080 --> 00:36:08,000 Speaker 2: of this being put before a judge of still losing 612 00:36:08,160 --> 00:36:11,600 Speaker 2: was still there, believe it or not, And so Perry 613 00:36:11,840 --> 00:36:15,520 Speaker 2: and his attorneys had to decide do we want to 614 00:36:15,560 --> 00:36:17,080 Speaker 2: take that risk or do you want to go home 615 00:36:17,160 --> 00:36:20,600 Speaker 2: today and live to fight another day. In almost any 616 00:36:20,640 --> 00:36:23,839 Speaker 2: other circumstance anywhere else, you would just put this up 617 00:36:23,880 --> 00:36:26,160 Speaker 2: in front of a judge, put your evidence you're hearing on. 618 00:36:26,760 --> 00:36:28,919 Speaker 2: Judge takes some time for finding the facts in law, 619 00:36:28,960 --> 00:36:32,239 Speaker 2: and you'd get your ruling bactual innocence. It makes no sense, 620 00:36:32,280 --> 00:36:34,480 Speaker 2: and it truly is a sophie's choice. 621 00:36:35,200 --> 00:36:39,040 Speaker 3: I'd spent now twenty something years, twenty five years or 622 00:36:39,040 --> 00:36:43,120 Speaker 3: so wondering how the hell do these people got me 623 00:36:43,160 --> 00:36:45,480 Speaker 3: in prison and how come I can't get myself out 624 00:36:45,480 --> 00:36:50,040 Speaker 3: of this. Karen helped me figure that out by helping 625 00:36:50,080 --> 00:36:54,520 Speaker 3: me see that all of the things that we think 626 00:36:54,680 --> 00:36:58,080 Speaker 3: should go right, when other people in power don't want 627 00:36:58,120 --> 00:37:00,440 Speaker 3: it to go right, they have the power to make 628 00:37:00,480 --> 00:37:05,439 Speaker 3: it go wrong. So she kept asking me, she said, 629 00:37:05,480 --> 00:37:06,920 Speaker 3: how do you do it? How do you do it, 630 00:37:08,160 --> 00:37:10,960 Speaker 3: and it's talking about keeping a smile and a good 631 00:37:11,160 --> 00:37:15,560 Speaker 3: attitude with all of this other stuff. How are you 632 00:37:15,600 --> 00:37:18,160 Speaker 3: always in such a good mood, I said, It's just 633 00:37:18,840 --> 00:37:23,000 Speaker 3: I love people. I cannot let this situation change me. 634 00:37:24,440 --> 00:37:26,680 Speaker 3: Matter of fact, that's one of the things that I 635 00:37:26,760 --> 00:37:29,000 Speaker 3: decided at that when I told you I was sitting 636 00:37:29,040 --> 00:37:32,800 Speaker 3: at the defendant table in shock, I knew at that 637 00:37:32,960 --> 00:37:36,400 Speaker 3: moment I had to remain in that state of mind 638 00:37:36,880 --> 00:37:40,480 Speaker 3: of who I was. I had to really get a 639 00:37:40,520 --> 00:37:45,319 Speaker 3: tight grip on my identity and hold on to that 640 00:37:45,400 --> 00:37:49,440 Speaker 3: for dear life, because I knew that this experience was 641 00:37:49,480 --> 00:37:52,360 Speaker 3: going to do everything in its power to make me 642 00:37:52,440 --> 00:37:57,040 Speaker 3: something I was not. Beginning with a rapist. Never in 643 00:37:57,080 --> 00:38:01,279 Speaker 3: my life would I even considered attacking a woman when 644 00:38:01,400 --> 00:38:05,719 Speaker 3: you can you know pretty much, I've called myself a 645 00:38:05,760 --> 00:38:11,200 Speaker 3: player back in them days. You know you don't Back 646 00:38:11,239 --> 00:38:13,359 Speaker 3: in them days, when you got it like I had it, 647 00:38:13,640 --> 00:38:16,000 Speaker 3: you didn't have to take anything from a woman. You 648 00:38:16,000 --> 00:38:20,719 Speaker 3: could ask, and you ask what a certain amount of finess. 649 00:38:21,920 --> 00:38:25,520 Speaker 3: I'm not saying, you know, you don't have to. 650 00:38:25,560 --> 00:38:27,280 Speaker 1: Say anything else. You got it. 651 00:38:27,600 --> 00:38:30,520 Speaker 3: You get the impression I'm trying to make, So you know, 652 00:38:30,640 --> 00:38:35,480 Speaker 3: The thing is, I will always appreciate hearing in my 653 00:38:35,560 --> 00:38:39,319 Speaker 3: life because she helped me understand something I never could 654 00:38:39,320 --> 00:38:43,520 Speaker 3: figure out in twenty five years, as how am I 655 00:38:43,640 --> 00:38:48,080 Speaker 3: doing this? What is it that's keeping me bolstered? And 656 00:38:48,160 --> 00:38:55,000 Speaker 3: I realized it was a mixture of family, church, good 657 00:38:55,160 --> 00:39:01,120 Speaker 3: friends around me that had their mind on right. She says. Finally, 658 00:39:01,160 --> 00:39:03,000 Speaker 3: after she had worked on my case a little while, 659 00:39:03,000 --> 00:39:05,239 Speaker 3: she said, mister Lott, I think I got you figured out. 660 00:39:05,400 --> 00:39:08,000 Speaker 3: I said, oh, yeah, we're to me. She said, I 661 00:39:08,080 --> 00:39:10,600 Speaker 3: know how you do it. And this is after I've 662 00:39:10,600 --> 00:39:13,919 Speaker 3: been disabled. And I said, oh yeah, what do you think? 663 00:39:14,200 --> 00:39:17,000 Speaker 3: She said, you do it one step at a time, 664 00:39:17,120 --> 00:39:19,880 Speaker 3: day by day. And the lights came on up in 665 00:39:19,920 --> 00:39:22,439 Speaker 3: my head. I said, damn, you got it figured out. 666 00:39:22,560 --> 00:39:22,799 Speaker 1: Now. 667 00:39:24,040 --> 00:39:27,680 Speaker 3: That's when I knew I was going home by continually 668 00:39:27,719 --> 00:39:31,440 Speaker 3: walking day by day, one day at a time, and 669 00:39:31,560 --> 00:39:34,359 Speaker 3: one step at a time. See, at that time, I 670 00:39:34,440 --> 00:39:38,439 Speaker 3: was taking little bitty baby steps. The disability I had, 671 00:39:39,160 --> 00:39:42,000 Speaker 3: I was prognosed to never walk again, to never get 672 00:39:42,000 --> 00:39:44,400 Speaker 3: out of the bed again. But I struggled and struggled, 673 00:39:45,239 --> 00:39:50,400 Speaker 3: and I began walking in little bitty baby steps, and 674 00:39:50,440 --> 00:39:54,239 Speaker 3: then I started really pushing myself. I can take a 675 00:39:54,320 --> 00:39:57,080 Speaker 3: full stride now with just a little bit of pain, 676 00:39:58,120 --> 00:40:00,800 Speaker 3: and back in that time, I could a little bitty 677 00:40:00,840 --> 00:40:03,319 Speaker 3: baby step like that and it would hurt like hell. 678 00:40:04,400 --> 00:40:05,200 Speaker 3: That's how it is. 679 00:40:05,320 --> 00:40:07,880 Speaker 1: You know, Well, you answered the question before I asked it. 680 00:40:07,880 --> 00:40:09,840 Speaker 1: I was going to ask whether you're better, and I 681 00:40:09,840 --> 00:40:11,080 Speaker 1: don't have to ask that anymore. 682 00:40:11,600 --> 00:40:14,319 Speaker 3: Penitentiary will do two things to a person. It will 683 00:40:14,360 --> 00:40:18,480 Speaker 3: make them better or to make them better. And it's 684 00:40:18,520 --> 00:40:21,920 Speaker 3: a choice that you have to make before you go 685 00:40:22,440 --> 00:40:25,520 Speaker 3: in that institution, before we. 686 00:40:25,520 --> 00:40:27,480 Speaker 1: Go to what I call our closing arguments, and I'll 687 00:40:27,520 --> 00:40:29,919 Speaker 1: explain to you what that is. Just talk a little 688 00:40:29,960 --> 00:40:32,960 Speaker 1: bit about what you're doing now, because you're actually working 689 00:40:33,000 --> 00:40:34,400 Speaker 1: with this guy, right awesome. 690 00:40:34,680 --> 00:40:38,520 Speaker 3: Yes, Eric approached me about a job and I said, well, 691 00:40:38,680 --> 00:40:41,799 Speaker 3: give me time to think about it. I was disabled, 692 00:40:42,160 --> 00:40:45,920 Speaker 3: not really confident in my abilities, not knowing that I 693 00:40:45,960 --> 00:40:49,359 Speaker 3: had abilities. A couple of months went by and said, hey, 694 00:40:49,520 --> 00:40:53,520 Speaker 3: I need an answer, that's okay, And he told me 695 00:40:53,640 --> 00:40:57,480 Speaker 3: that I could earn so much money, which is like 696 00:40:57,680 --> 00:41:01,160 Speaker 3: twice as much as I would get on disability. And 697 00:41:01,239 --> 00:41:04,560 Speaker 3: I didn't feel right on disability anyway. So when I 698 00:41:04,600 --> 00:41:07,040 Speaker 3: had the job, opportunity. I wanted to jump at it, 699 00:41:07,080 --> 00:41:11,600 Speaker 3: but I was hesitating because of my state of mind. 700 00:41:11,719 --> 00:41:16,160 Speaker 3: You know, what can I do? I'm thirty years missing 701 00:41:16,160 --> 00:41:19,239 Speaker 3: in action, no record of work history, no record of 702 00:41:19,280 --> 00:41:23,000 Speaker 3: medical history. I didn't know I had any ability at all. 703 00:41:23,600 --> 00:41:26,279 Speaker 3: So when Eric offered me the job, I said, Man, 704 00:41:26,320 --> 00:41:28,080 Speaker 3: give me time to think about that, and I'm just 705 00:41:28,400 --> 00:41:31,240 Speaker 3: trying to figure out a way to tell him new 706 00:41:31,880 --> 00:41:36,480 Speaker 3: and eventually, Man, he made an argument with me. I 707 00:41:36,480 --> 00:41:40,760 Speaker 3: couldn't deny that I could probably do this job in prison. 708 00:41:40,800 --> 00:41:43,680 Speaker 3: I did this for twenty five years trying to get 709 00:41:43,680 --> 00:41:46,719 Speaker 3: out of prison. I call it combing the records. You 710 00:41:46,760 --> 00:41:49,240 Speaker 3: know how they have a rake kit and they combed 711 00:41:49,320 --> 00:41:53,480 Speaker 3: the pubics. They're looking for whatever doesn't belong in those pubics. 712 00:41:53,800 --> 00:41:57,080 Speaker 3: When I combed the records, I look word for word, 713 00:41:57,480 --> 00:42:00,239 Speaker 3: line for line, looking for what doesn't belong here. It's 714 00:42:00,280 --> 00:42:04,320 Speaker 3: missing from here. And it's a skill that you develop 715 00:42:05,040 --> 00:42:08,200 Speaker 3: without knowing that you're actually developing it. You know, because 716 00:42:08,239 --> 00:42:11,560 Speaker 3: when you work on your own case daily for twenty 717 00:42:11,600 --> 00:42:15,440 Speaker 3: five years, you don't realize it, but you grow old 718 00:42:15,840 --> 00:42:19,960 Speaker 3: and you grow knowledge of the law and how it 719 00:42:20,000 --> 00:42:20,880 Speaker 3: should be applied. 720 00:42:21,719 --> 00:42:24,560 Speaker 2: Perry works for another five oh one C three, another 721 00:42:24,680 --> 00:42:27,920 Speaker 2: Chance Justice Project, and then we work on wrongful convictions 722 00:42:27,920 --> 00:42:32,400 Speaker 2: and excessive sentencing and some commutation there. But my private 723 00:42:32,440 --> 00:42:38,360 Speaker 2: firm is calling and Associates. Perry is employed through the project's. 724 00:42:37,560 --> 00:42:40,320 Speaker 1: Calling and associates. Yeah, we should shout that out a 725 00:42:40,360 --> 00:42:42,800 Speaker 1: little bit. And of course, one of my favorite human 726 00:42:42,800 --> 00:42:45,200 Speaker 1: beings who has also been on the show, Michelle Murphy 727 00:42:45,360 --> 00:42:49,920 Speaker 1: served twenty years, was exonerated with DNA, the only female 728 00:42:50,000 --> 00:42:53,279 Speaker 1: DNA exignery from Oklahoma. I encourage people to listen to 729 00:42:53,320 --> 00:42:57,279 Speaker 1: that episode. It's an incredible episode of wrongful conviction with 730 00:42:57,320 --> 00:42:59,600 Speaker 1: Michelle Murphy. But she's working with you as well, So 731 00:42:59,640 --> 00:43:02,480 Speaker 1: you have Yeah, I mean, it's actually perfectly logical. You're 732 00:43:02,520 --> 00:43:06,040 Speaker 1: taking people who have actually the most profound experience and 733 00:43:06,440 --> 00:43:09,080 Speaker 1: the most knowledge from having to out of necessity, from 734 00:43:09,120 --> 00:43:12,080 Speaker 1: having to do all this research to get themselves free 735 00:43:12,080 --> 00:43:15,960 Speaker 1: and to help others inside. Yeah, tentry, So you've got 736 00:43:16,320 --> 00:43:18,319 Speaker 1: You've got the dream team with Perry and Michelle. I 737 00:43:18,360 --> 00:43:23,040 Speaker 1: love it, you know that. So you know I always 738 00:43:23,080 --> 00:43:26,439 Speaker 1: say on the show, you know, I'm happy you're here, 739 00:43:26,440 --> 00:43:28,040 Speaker 1: but I'm sorry you're here. I mean, I'm sorry you 740 00:43:28,080 --> 00:43:29,560 Speaker 1: had to go through what you had to go through 741 00:43:29,600 --> 00:43:32,400 Speaker 1: to get here. But it means an awful lot that 742 00:43:32,520 --> 00:43:34,520 Speaker 1: you came in and came to New York, all the 743 00:43:34,560 --> 00:43:39,280 Speaker 1: way from Oklahoma to share your incredible story, your spirit, 744 00:43:39,440 --> 00:43:41,839 Speaker 1: your wisdom, your outlook. We got the whole Perry lot. 745 00:43:43,320 --> 00:43:45,040 Speaker 3: When I found out I was going to be here, 746 00:43:45,080 --> 00:43:46,960 Speaker 3: that I just wanted to see you again. 747 00:43:47,080 --> 00:43:50,040 Speaker 1: Man, Well, what can I say? I'm just about to 748 00:43:50,040 --> 00:43:53,839 Speaker 1: melt into a puddle over here, whereas the old say goes, 749 00:43:53,880 --> 00:43:57,160 Speaker 1: knock me down with a feather. One of the reasons 750 00:43:57,200 --> 00:44:02,480 Speaker 1: why today's episode is unique is because we are recording 751 00:44:02,520 --> 00:44:06,520 Speaker 1: this in the middle of an art exhibit by an 752 00:44:06,560 --> 00:44:09,520 Speaker 1: innocent man on death row in Texas, a guy named 753 00:44:09,560 --> 00:44:13,320 Speaker 1: Rob Will who has created this remarkable collection of work 754 00:44:13,480 --> 00:44:20,400 Speaker 1: from his tiny cell. I can't not mention that it's 755 00:44:20,400 --> 00:44:23,480 Speaker 1: sort of a heavy day as well, because as we 756 00:44:23,560 --> 00:44:27,080 Speaker 1: sit here, Texas is probably in the process in the 757 00:44:27,120 --> 00:44:30,239 Speaker 1: last couple hours before they carry out another execution of 758 00:44:30,280 --> 00:44:34,920 Speaker 1: an innocent man. Larry Sweringen is going to be executed today, 759 00:44:35,040 --> 00:44:39,120 Speaker 1: almost certainly in spite of evidence of his actual innocence. 760 00:44:39,239 --> 00:44:54,480 Speaker 1: So we just have a moment of silence for Larry. Okay, 761 00:44:54,600 --> 00:44:57,960 Speaker 1: So this is the part of the show where again 762 00:44:58,880 --> 00:45:01,399 Speaker 1: this is my favorite part the show. I think it's 763 00:45:01,440 --> 00:45:03,200 Speaker 1: a lot of people's favorite part of the show. We 764 00:45:03,239 --> 00:45:08,040 Speaker 1: get feedback online, etc. Where I get to once again 765 00:45:08,360 --> 00:45:13,640 Speaker 1: thank you to outstanding freedom fighters for coming and being 766 00:45:13,800 --> 00:45:16,960 Speaker 1: on rawful conviction with me. Eric. I know we'll be 767 00:45:17,000 --> 00:45:18,919 Speaker 1: doing more of these in the future, and we're working 768 00:45:18,960 --> 00:45:22,560 Speaker 1: together on various cases and I'm a huge fan of 769 00:45:22,600 --> 00:45:25,400 Speaker 1: your work. I think you're one of the top people 770 00:45:25,400 --> 00:45:28,399 Speaker 1: in the country at what you do and we need 771 00:45:28,400 --> 00:45:31,880 Speaker 1: more of you. So Eric Cullin, thank you again for 772 00:45:31,920 --> 00:45:36,400 Speaker 1: being here my pleasure, and Perry again, I thank you before, 773 00:45:36,440 --> 00:45:38,520 Speaker 1: I'll thank you again, and I'm looking forward to working 774 00:45:38,520 --> 00:45:41,360 Speaker 1: with you in the future and spending more time together. 775 00:45:41,640 --> 00:45:43,560 Speaker 1: And now, like I said, this is what we call 776 00:45:43,640 --> 00:45:45,560 Speaker 1: closing arguments. So this is where I get to turn 777 00:45:45,640 --> 00:45:48,680 Speaker 1: my microphone off, I kind of kick back rock back 778 00:45:48,719 --> 00:45:52,719 Speaker 1: in my chair and just listen and turn the microphones 779 00:45:52,960 --> 00:45:55,600 Speaker 1: over to you for your closing thoughts. I call it 780 00:45:55,640 --> 00:45:58,200 Speaker 1: closing arguments. It was really closing thoughts on anything you 781 00:45:58,280 --> 00:46:00,200 Speaker 1: want to say, anything we may have left that out, 782 00:46:00,719 --> 00:46:03,319 Speaker 1: or anything at all. And again we'll save the best 783 00:46:03,360 --> 00:46:07,399 Speaker 1: for last. No offense are. I know, but the start 784 00:46:07,440 --> 00:46:11,759 Speaker 1: of the show is Perry. So but first, Eric, you're 785 00:46:11,800 --> 00:46:12,480 Speaker 1: closing thoughts. 786 00:46:12,880 --> 00:46:17,240 Speaker 2: Perry's case is just a shining example again, you covered 787 00:46:17,280 --> 00:46:22,000 Speaker 2: it of the eyewitness identification problem. It's also a shining 788 00:46:22,040 --> 00:46:26,040 Speaker 2: example of why Oklahoma is number one in incarcerating African 789 00:46:26,080 --> 00:46:29,920 Speaker 2: American males in the world. And then of course on 790 00:46:30,000 --> 00:46:32,520 Speaker 2: the side twenty eight years in a row for females, 791 00:46:32,520 --> 00:46:35,239 Speaker 2: which is a whole other topic. But there's no surprise 792 00:46:35,440 --> 00:46:37,960 Speaker 2: as to why we're here. When you hear Perry's story, 793 00:46:38,320 --> 00:46:41,280 Speaker 2: when you hear Michelle's story, when you hear Williams and Fritz, 794 00:46:41,320 --> 00:46:45,560 Speaker 2: all these different ones from Oklahoma. It's horrifying. I think 795 00:46:46,080 --> 00:46:50,200 Speaker 2: we're at a point now where it's becoming bipartisan this issue. 796 00:46:50,680 --> 00:46:53,400 Speaker 2: You know, I think the eyes are open. You'd have 797 00:46:53,440 --> 00:46:56,319 Speaker 2: to be a real fool to say that ron fold 798 00:46:56,360 --> 00:47:00,359 Speaker 2: convictions don't exists now. We're just several years ago, it 799 00:47:00,400 --> 00:47:03,719 Speaker 2: wasn't quite there. That's what my closing earner would be, 800 00:47:03,760 --> 00:47:06,239 Speaker 2: And I would add one other thing. We're not done 801 00:47:06,280 --> 00:47:09,279 Speaker 2: with Arry's case. We're going to work on this till 802 00:47:09,280 --> 00:47:10,759 Speaker 2: we get him fully exonerated. 803 00:47:12,280 --> 00:47:18,239 Speaker 3: Very yes, sir, I heard you called me the start 804 00:47:18,280 --> 00:47:20,840 Speaker 3: of the show. Well, you guys are the stars of 805 00:47:20,880 --> 00:47:24,400 Speaker 3: my show. You know, without you guys in my life, 806 00:47:24,520 --> 00:47:29,280 Speaker 3: I would probably be dead in prison, still in prison. 807 00:47:30,719 --> 00:47:32,560 Speaker 3: So I want to thank you and honor you for 808 00:47:32,640 --> 00:47:35,600 Speaker 3: that and your audience. I want to honor you for 809 00:47:35,880 --> 00:47:40,880 Speaker 3: being attentive. And I want to admonish everyone under the 810 00:47:40,920 --> 00:47:44,480 Speaker 3: sound of my voice to get involved with this awareness, 811 00:47:44,920 --> 00:47:50,000 Speaker 3: to get involved with the injustice, the police brutality. The 812 00:47:50,080 --> 00:47:53,240 Speaker 3: only way evil like this prevails is when good people 813 00:47:53,360 --> 00:47:57,319 Speaker 3: say nothing. A lot of people will see crime and 814 00:47:57,400 --> 00:48:01,000 Speaker 3: close their windows, close their doors, turn their back. And 815 00:48:01,040 --> 00:48:03,200 Speaker 3: that's why we're in the state that we're in right now. 816 00:48:03,960 --> 00:48:08,120 Speaker 3: We have to be courageous enough to say I saw this. 817 00:48:08,600 --> 00:48:12,600 Speaker 3: I want to say something and the truth. You know. 818 00:48:12,960 --> 00:48:18,800 Speaker 3: Of being in prison for thirty one years, I came 819 00:48:18,840 --> 00:48:25,839 Speaker 3: out very battle weary, not too much confidence in my abilities. 820 00:48:25,880 --> 00:48:30,080 Speaker 3: As I said before, overwhelmed with the stimulus of the 821 00:48:30,080 --> 00:48:34,040 Speaker 3: free world. I still right now today have not cooked 822 00:48:34,080 --> 00:48:37,279 Speaker 3: my own first meal. After being out of prison for 823 00:48:37,440 --> 00:48:41,719 Speaker 3: it a year and some months, I don't have the 824 00:48:41,760 --> 00:48:47,400 Speaker 3: confidence to cook a meal. I don't really go into 825 00:48:48,440 --> 00:48:52,680 Speaker 3: big shopping malls anymore. There's too many choices. I'm not 826 00:48:52,880 --> 00:48:57,640 Speaker 3: used to that. I am enjoying the freedom of going 827 00:48:57,840 --> 00:49:02,400 Speaker 3: back and forth under limits being on parole or probation. 828 00:49:03,719 --> 00:49:05,560 Speaker 3: But it feels good to be able to go here 829 00:49:05,560 --> 00:49:09,520 Speaker 3: and there without having to ask permission. So to speak. 830 00:49:10,239 --> 00:49:12,600 Speaker 3: Life is good, man, and it's getting better. You know. 831 00:49:13,200 --> 00:49:16,600 Speaker 3: I have a whole lot to be thankful for, even 832 00:49:16,600 --> 00:49:20,480 Speaker 3: though this misfortune happened to me and took away a 833 00:49:20,480 --> 00:49:24,200 Speaker 3: lot of my life. I tell people all the time, 834 00:49:24,239 --> 00:49:27,280 Speaker 3: I got a whole lot more yesterday's than I do tomorrow. 835 00:49:27,400 --> 00:49:30,440 Speaker 3: So I'm going to make the most of it. And 836 00:49:30,520 --> 00:49:32,279 Speaker 3: all I really want to do now is just be 837 00:49:32,360 --> 00:49:35,640 Speaker 3: the best me that I can be, not only for 838 00:49:35,719 --> 00:49:40,400 Speaker 3: myself but for anyone who's watching me, because someone's always 839 00:49:40,440 --> 00:49:43,239 Speaker 3: watching and you never know what they're going to pick 840 00:49:43,320 --> 00:49:46,040 Speaker 3: up from you. So I do my best to just 841 00:49:46,200 --> 00:49:49,480 Speaker 3: be the best example I can. I'm not perfect. I 842 00:49:49,560 --> 00:49:51,799 Speaker 3: have a ways to go. I'm not perfect, but I'm 843 00:49:51,880 --> 00:49:58,680 Speaker 3: pretty close to it. That's a joke, no, but honestly, 844 00:49:58,840 --> 00:50:02,239 Speaker 3: you know, heart goes out to the youth of America. 845 00:50:02,840 --> 00:50:08,600 Speaker 3: You know, the violence, the games, the influences. Find other 846 00:50:08,640 --> 00:50:13,799 Speaker 3: things to spend your time with. I really don't want 847 00:50:13,880 --> 00:50:16,800 Speaker 3: to be preachy, but these are the things I've learned 848 00:50:16,880 --> 00:50:21,919 Speaker 3: the hard way, you know, is ask questions, don't take 849 00:50:21,960 --> 00:50:27,080 Speaker 3: anyone's word, find your own truth, seek clarity, you know, 850 00:50:28,040 --> 00:50:31,280 Speaker 3: just be true to yourself. It's very important. 851 00:50:33,520 --> 00:50:36,120 Speaker 1: Thank you all for listening. Thank you everyone at home. 852 00:50:53,520 --> 00:50:56,120 Speaker 1: Don't forget to give us a fantastic review wherever you 853 00:50:56,200 --> 00:51:00,000 Speaker 1: get your podcasts. It really helps. And I'm a proud 854 00:51:00,000 --> 00:51:02,480 Speaker 1: owner to the Ennisis Project, and I really hope you'll 855 00:51:02,560 --> 00:51:05,960 Speaker 1: join me in supporting this very important cause and helping 856 00:51:06,080 --> 00:51:09,960 Speaker 1: to prevent future wrongful convictions. Go to Innocenceproject dot org 857 00:51:10,120 --> 00:51:12,880 Speaker 1: to learn how to donate and get involved. I'd like 858 00:51:12,920 --> 00:51:15,920 Speaker 1: to thank our production team, Connor Hall and Kevin Wartis. 859 00:51:16,239 --> 00:51:18,520 Speaker 1: The music in the show is by three time OSCAR 860 00:51:18,560 --> 00:51:21,600 Speaker 1: nominated composer Jay Ralph. Be sure to follow us on 861 00:51:21,640 --> 00:51:26,440 Speaker 1: Instagram at Wrongful Conviction and on Facebook at Wrongful Conviction Podcast. 862 00:51:26,800 --> 00:51:29,840 Speaker 1: Wrongful Conviction with Jason Flam is a production of Lava 863 00:51:29,880 --> 00:51:39,520 Speaker 1: for Good Podcasts in association with Signal Company Number one