WEBVTT - #009 Jason Flom with Michael Morton

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<v Speaker 1>I came from a beautiful neighborhood.

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<v Speaker 2>I had a beautiful life.

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<v Speaker 1>I went to sleep because September seventh was the first

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<v Speaker 1>day of my high school year. I was going to

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<v Speaker 1>be a senior. At twenty two, I was set to

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<v Speaker 1>start college. I woke up and my life was never

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<v Speaker 1>the same again. Cops came out with guns drawn, and

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<v Speaker 1>I never saw freedom ever since after that.

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<v Speaker 2>It's like roach mode town once you get in and

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<v Speaker 2>I can't now. This is Wrongful Conviction with Jason Flamm.

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<v Speaker 3>Welcome back to Wrongful Conviction with Jason Flamm today. I'm

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<v Speaker 3>extremely pleased and honored to have someone I considered to

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<v Speaker 3>be I guess, for lack of a better word, innocence royalty.

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<v Speaker 3>Michael Morton, Michael, welcome to the show.

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<v Speaker 2>Thank you, Jason.

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<v Speaker 1>It's good to be here.

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<v Speaker 3>So Michael is an extraordinary person in so many ways.

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<v Speaker 3>His case is extraordinary, his life post exoneration is extraordinary.

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<v Speaker 3>I didn't know him before this all happened, because that's

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<v Speaker 3>a long long time ago. But what he's been able

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<v Speaker 3>to accomplish, both inside prison and outside, is the stuff

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<v Speaker 3>of legend.

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<v Speaker 2>But let's go back. Michael.

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<v Speaker 3>You served twenty four years and seven months to the

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<v Speaker 3>day in Texas Penitentiary for a crime he didn't commit.

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<v Speaker 1>The day that I walked in the penitentiary was on

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<v Speaker 1>March fourth. Day that I walked out was October fourth.

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<v Speaker 3>So you were in prison twenty four to seven. Yeah,

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<v Speaker 3>that's that for twenty four years and seven months. But first,

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<v Speaker 3>I just want to give the audience a sense of,

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<v Speaker 3>you know, what kind of a person you were before

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<v Speaker 3>all this stuff happened.

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<v Speaker 2>I like to say that.

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<v Speaker 1>I was the statistical bid point in the American demographic

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<v Speaker 1>and that I was incredibly average. I went to SFA

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<v Speaker 1>Stephen at Foston State University in Acadocia, since where I

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<v Speaker 1>met my future wife, right and Christine. Yes, I met

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<v Speaker 1>Christine there. It began as some romances. Do you see

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<v Speaker 1>somebody across the room, you know, and it catches your

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<v Speaker 1>eye or she does in my case, make a long

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<v Speaker 1>story short, the whole deal, married, had a child, thinking

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<v Speaker 1>about getting another child on the way here. You know, mortgage, suburbia, cars,

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<v Speaker 1>credit cards.

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<v Speaker 2>All that stuff sounds pretty good.

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<v Speaker 1>It's the average. And that's why I call myself the

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<v Speaker 1>statistical midpoint in American demographic because there was nothing unusual

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<v Speaker 1>about my life. We had moved into our second home.

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<v Speaker 1>We sold our first, made a nice little piece of that.

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<v Speaker 1>We were doing well and moving up. That was the idea.

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<v Speaker 1>And it's my thirty second birthday. And the next day,

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<v Speaker 1>when I went to pick up my son from the sitters,

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<v Speaker 1>which was part of my routine, the babysitter looked at

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<v Speaker 1>me in a very odd way. What are you doing here?

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<v Speaker 1>She said that my son wasn't there, that my wife

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<v Speaker 1>hadn't bought him in, which was very unusual for our routine.

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<v Speaker 1>Every family has a rhythm that they live in. And

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<v Speaker 1>the fact that I had not received any phone call

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<v Speaker 1>from my wife, she hadn't bought him with the sitters,

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<v Speaker 1>it was very bizarre. So I just snatched the sitter's

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<v Speaker 1>phone off the wall and called home, and to my surprise,

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<v Speaker 1>a man answered and identified himself as the sheriff. And

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<v Speaker 1>he wouldn't tell me anything except I needed to come

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<v Speaker 1>home right away, and.

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<v Speaker 2>Your heart is now gone a million miles a minute. Yeah.

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<v Speaker 1>I literally ran to my truck and it's about a

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<v Speaker 1>five minute drive home from there, and five minutes doesn't

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<v Speaker 1>sound much time. I mean, even though you're breaking the

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<v Speaker 1>speed limit and run the stop signs to get home,

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<v Speaker 1>because the sheriff just answered, you're you know, you're running

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<v Speaker 1>a mental inventory. What in the world could have happened,

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<v Speaker 1>and you know you run through well, k could have

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<v Speaker 1>been a fire, could have been a burglary, the wife

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<v Speaker 1>may have been attacked, could be rape, and oh my god,

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<v Speaker 1>could be murdered too. And I knew something had happened

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<v Speaker 1>to my wife. And as I literally slid up to

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<v Speaker 1>my house, there were police cars all around the house,

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<v Speaker 1>a very large yellow crime scene ribbon had been wrapped

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<v Speaker 1>all the way around the yard. And saw a couple

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<v Speaker 1>of cops in the front yard, uniform cops. And there

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<v Speaker 1>were neighbors, you know, people I knew, were on the

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<v Speaker 1>sidewalks across the street, little clusters, and as I slipped

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<v Speaker 1>the curb, you know, they all took note of me.

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<v Speaker 1>It's almost a priferl awareness, you know, because oh my god,

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<v Speaker 1>what's here happening at my house? But you also see

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<v Speaker 1>the things going on around you, or you sense them.

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<v Speaker 1>And I ducked under the crime and seeing ribbon, and

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<v Speaker 1>I was hanging to the front door when the police

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<v Speaker 1>stopped me because they didn't know who I was. And

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<v Speaker 1>the sheriff showed up very quickly when they stopped me

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<v Speaker 1>out in the front yard, and he identified himself and

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<v Speaker 1>he asked me to identify myself. The first words out

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<v Speaker 1>of my mouth were actually about my son, and the

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<v Speaker 1>sheriff told me that he was fine. He was at

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<v Speaker 1>a neighbor's house shoot doors down, and when I asked

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<v Speaker 1>about my wife, he informed me in an almost matter of

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<v Speaker 1>fact fashion, that she was dead, and because the house

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<v Speaker 1>appeared to look intact, it hadn't been burned. I asked

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<v Speaker 1>if it was murder, and he said it was yes.

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<v Speaker 3>So when did you start to get the sense that

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<v Speaker 3>they felt that you were a suspect.

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<v Speaker 1>Initially I did not. They were asking some very odd questions,

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<v Speaker 1>and I was intellectualizing, Okay, they have to ask these

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<v Speaker 1>rather pointed, uncomfortable questions because they're trying to piece everything together,

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<v Speaker 1>and you know, they have to eliminate me as a suspect.

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<v Speaker 1>I get that, you know, after all, I've watched TV.

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<v Speaker 1>I know how this works. TV and reality don't always mesh.

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<v Speaker 1>But I got that. It wasn't until a few days later,

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<v Speaker 1>when I was interviewed by the police again and again

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<v Speaker 1>that I was quite frustrated with their line of questioning,

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<v Speaker 1>and I was also frustrated with what I perceived to

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<v Speaker 1>be their inability or unwillingness to do this, to do

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<v Speaker 1>this investigation property and professionally. And in a moment of frustration,

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<v Speaker 1>I volunteered for a polygraph test. I said, look, if

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<v Speaker 1>I take a polygraph test, will you believe me? And

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<v Speaker 1>they lit up like very very happy children. And very

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<v Speaker 1>shortly after that is when one of my neighbors, an attorney,

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<v Speaker 1>suggested that I retain counsel. That he had a couple

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<v Speaker 1>of friends who were very good criminal defense attorneys, Bill

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<v Speaker 1>White and Bill Allison in Austin, Texas, and I went

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<v Speaker 1>to see them, and it was shortly before that that

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<v Speaker 1>everything went south. They were gunning for me that, for

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<v Speaker 1>whatever reason, they looked around the crime scene, before any interviews,

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<v Speaker 1>before any lab tests, before a single thing had happened,

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<v Speaker 1>as far as in an investigative sense, they decided that

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<v Speaker 1>I was the guy I had done it.

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<v Speaker 2>So ultimately, how long was it before you were arrested

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<v Speaker 2>and charged?

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<v Speaker 1>It's about six weeks, pardon me. Six weeks after my

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<v Speaker 1>wife's death, I was home with my son, just the

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<v Speaker 1>two of us, in fact, we were making as much

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<v Speaker 1>as he could help. We're making dinner and we're in

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<v Speaker 1>the kitchen and the knock at the door, and I

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<v Speaker 1>picked up my son because you know, you leave him

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<v Speaker 1>in the kitchen with all the you know, hot water

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<v Speaker 1>boil and all that kind of stuff. This hot went

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<v Speaker 1>to answer the door, and to my utter shock, it

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<v Speaker 1>was the sheriff and number of deputies there to arrest me,

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<v Speaker 1>and I was flabbergasted. I did not expect them to

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<v Speaker 1>do this. And as bad as being arrested is the

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<v Speaker 1>worst part was having my son torn up from my

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<v Speaker 1>arms because I tried to think about what was he

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<v Speaker 1>going through. Basically got him there on my hip and

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<v Speaker 1>they're wanting to handcuff me. And the last time my

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<v Speaker 1>son has seen the police had been a really bad day,

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<v Speaker 1>as the day as mother is.

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<v Speaker 2>Killed and or imaginable Africa.

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<v Speaker 1>And suddenly the police were back and I could feel

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<v Speaker 1>me wrapped his legs around my waist and he didn't

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<v Speaker 1>want to let go, but they, you know, they peel

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<v Speaker 1>him loose. I was trying to comfort him and he's

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<v Speaker 1>calling for me, and that was the worst part. As

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<v Speaker 1>bad as being arrested is, as much worse seeing what

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<v Speaker 1>I was doing to my son, Because any any parent

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<v Speaker 1>knows that before you have a child, you are the

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<v Speaker 1>center of your own universe, and then after you have

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<v Speaker 1>that child, your perspective changes.

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<v Speaker 3>Now comes to trial, so you're in now in this

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<v Speaker 3>bizarre dream NightWare world of the criminal justice system sort

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<v Speaker 3>of working exactly the way it's not supposed to and this, uh,

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<v Speaker 3>these prosecutors are up there painting you as a murderer

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<v Speaker 3>and saying all sorts of.

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<v Speaker 1>Being on trial for murder. It's not what you think

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<v Speaker 1>you know. Most everybody has their perspective of the way

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<v Speaker 1>these things go because of TV and movies and books.

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<v Speaker 2>You read about it.

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<v Speaker 1>You think you know about it, but it's a completely

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<v Speaker 1>separate world. It's a different universe. It's a subculture you're

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<v Speaker 1>not familiar with. They have their own language and they

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<v Speaker 1>have customs and they have rituals that you don't know

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<v Speaker 1>anything about. And the only thing you can do is

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<v Speaker 1>listen to your attorneys. I mean, they're supposed to know

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<v Speaker 1>what's going on. They've done it before, they know the

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<v Speaker 1>way the system works. And you're torn between taking their

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<v Speaker 1>advice from these experts you've hired as opposed to the

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<v Speaker 1>way you feel about what you should do. And when

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<v Speaker 1>you're torn like that between those two worlds, between what

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<v Speaker 1>you think and what you feel, it's always a battle

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<v Speaker 1>of what's in control. I mean, is it your head

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<v Speaker 1>or is it your heart?

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<v Speaker 2>You have an example of that, Okay.

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<v Speaker 1>One of the purely fabricated issues in my trial was

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<v Speaker 1>that the prosecutor came up with this idea that because

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<v Speaker 1>there was a semen stained on our bed on the sheets,

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<v Speaker 1>that in his mind that meant that I had masturbated

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<v Speaker 1>with my wife's dead hand.

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<v Speaker 2>Wow.

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<v Speaker 1>Yeah, And I didn't know where that came from. And

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<v Speaker 1>you want to jump up and scream and you know,

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<v Speaker 1>deny it, maybe calling names or just you know that

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<v Speaker 1>kind of insult. You almost want to jump on somebody.

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<v Speaker 1>And yet you know that this is a sort of

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<v Speaker 1>a binary adversarial kind of Okay, you'll get your turn,

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<v Speaker 1>sit down, you know, be cool, don't make the jury

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<v Speaker 1>think you're some kind of nut, and you know, we'll

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<v Speaker 1>clean this up. And so that's the kind of thing

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<v Speaker 1>that you're torn between. Is you know that you should

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<v Speaker 1>take your attorney's advice because of the stuff that said,

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<v Speaker 1>steak here your very life and yet you have this

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<v Speaker 1>visceral response to some of these accusations that are just bloney.

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<v Speaker 2>You know, where did this come from.

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<v Speaker 3>Let's talk for a second about the exculpatory evidence that

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<v Speaker 3>was withheld.

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<v Speaker 1>Yeah, one of the great things that the Innocence Project

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<v Speaker 1>does is their DNA exonerations. But you never know what

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<v Speaker 1>a DNA test is going to reveal until you run

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<v Speaker 1>the DNA test. And so before the tests were actually done,

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<v Speaker 1>they had a parallel legal attack on my case, and

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<v Speaker 1>one of them was a Texas Open Records Act, which

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<v Speaker 1>is very very similar to the Freedom Information Act at

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<v Speaker 1>the federal level. And so we actually got access to

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<v Speaker 1>the prosecutor and the sheriff's files from eighty six and

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<v Speaker 1>eighty seven, and at this time, you know, we're in

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<v Speaker 1>the twenty first century looking back in this is the

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<v Speaker 1>appellate thing. And in those files we found out that,

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<v Speaker 1>despite the request by my attorneys and a direct order

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<v Speaker 1>from the judge, the prosecution and the shriff's department suppressed

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<v Speaker 1>key pieces of evidence that would have pointed to my

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<v Speaker 1>innocence and would have helped immensely at our trial. And

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<v Speaker 1>my attorneys were begging for this kind of stuff, but

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<v Speaker 1>they had no mechanism to get to it because the

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<v Speaker 1>prosecutor was between us and the evidence. And one of

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<v Speaker 1>the things was a check that had been cash after

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<v Speaker 1>my wife's death, a instance of her credit card being used,

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<v Speaker 1>supposedly down in San Antonio few days after her death.

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<v Speaker 1>And the biggie was this transcript of a phone call.

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<v Speaker 1>My son, unbeknownst to me, had apparently witnessed my wife's murder.

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<v Speaker 1>Remember now, he was three at the time, and everybody,

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<v Speaker 1>I mean even the police, were concerned about my son.

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<v Speaker 1>And in the time between my wife's murder and my incarceration,

0:13:50.040 --> 0:13:55.000
<v Speaker 1>I had taken him to several child psychologists and some

0:13:55.080 --> 0:13:56.480
<v Speaker 1>he got along with some he didn't. But the gist

0:13:56.520 --> 0:13:59.000
<v Speaker 1>of it all was that they all told me, look,

0:13:59.040 --> 0:14:01.480
<v Speaker 1>he is obviously so offering from what you might call

0:14:01.559 --> 0:14:05.040
<v Speaker 1>separation anxiety because his mother's gone. But we don't believe

0:14:05.080 --> 0:14:08.600
<v Speaker 1>that he has witnessed anything horrible, or more importantly, nothing

0:14:08.600 --> 0:14:11.120
<v Speaker 1>horribly been done to him, and so that was a

0:14:11.120 --> 0:14:13.160
<v Speaker 1>bit of release, but relief.

0:14:13.240 --> 0:14:13.480
<v Speaker 2>Rather.

0:14:14.760 --> 0:14:19.120
<v Speaker 1>However, unbeknownst to me, he had told my mother in law,

0:14:19.160 --> 0:14:22.680
<v Speaker 1>his grandmother, that he mentioned a lot of things about

0:14:22.680 --> 0:14:26.200
<v Speaker 1>my wife being murdered, to her, and he mentioned some

0:14:26.400 --> 0:14:29.480
<v Speaker 1>very physical, distinct things about the crime scene that police

0:14:29.520 --> 0:14:32.840
<v Speaker 1>had withheld from the media that only they knew, which

0:14:32.880 --> 0:14:34.920
<v Speaker 1>is part of procedure because if somebody wants to come

0:14:34.960 --> 0:14:36.480
<v Speaker 1>up and confess, they have to kind of prove that

0:14:36.520 --> 0:14:38.440
<v Speaker 1>they did it, or they also want to be able

0:14:38.520 --> 0:14:44.800
<v Speaker 1>to prove or catch somebody who's being interrogated. So, you know,

0:14:45.000 --> 0:14:50.440
<v Speaker 1>here's this transcript of my son's admissions about witnessing my

0:14:50.480 --> 0:14:53.160
<v Speaker 1>wife's murder, which would have been huge because he talked

0:14:53.160 --> 0:14:56.840
<v Speaker 1>about a man with a big mustache and red gloves

0:14:57.320 --> 0:15:00.640
<v Speaker 1>and having to hit mommy and think, goodness, my mother

0:15:00.720 --> 0:15:04.160
<v Speaker 1>law had asked him where why I was? You know,

0:15:04.280 --> 0:15:07.120
<v Speaker 1>was Daddy there? And my son very distinctly said no,

0:15:07.840 --> 0:15:11.440
<v Speaker 1>And so that would have been a wild wonderful thing

0:15:11.480 --> 0:15:12.240
<v Speaker 1>to have a trial.

0:15:12.400 --> 0:15:14.120
<v Speaker 2>Well, it would have led to your exoneration.

0:15:14.440 --> 0:15:20.360
<v Speaker 3>So the jury is requestered the argument, the closing arguments

0:15:20.360 --> 0:15:22.040
<v Speaker 3>have been done.

0:15:22.320 --> 0:15:24.960
<v Speaker 2>The jury goes out, how long were they out for?

0:15:27.120 --> 0:15:30.960
<v Speaker 1>I think it was about ninety minutes, but that doesn't

0:15:31.000 --> 0:15:34.800
<v Speaker 1>mean they deliberated for ninety minutes because they also had lunch, so.

0:15:34.760 --> 0:15:36.360
<v Speaker 2>It could have been forty five minutes.

0:15:36.400 --> 0:15:38.240
<v Speaker 1>It could have been thirty. Yeah, it depending how fast

0:15:38.240 --> 0:15:38.520
<v Speaker 1>you eat.

0:15:38.720 --> 0:15:40.560
<v Speaker 2>So they didn't deliberate it very long, not very long

0:15:40.600 --> 0:15:40.800
<v Speaker 2>at all.

0:15:40.880 --> 0:15:44.920
<v Speaker 1>There wasn't how long was the trial. It was ten days,

0:15:44.920 --> 0:15:45.560
<v Speaker 1>two weeks.

0:15:45.720 --> 0:15:47.520
<v Speaker 2>Right, so they were ready to go home. Oh yeah.

0:15:47.840 --> 0:15:51.200
<v Speaker 1>And while actually they weren't sequestered, they are instructed, as

0:15:51.240 --> 0:15:53.800
<v Speaker 1>in all criminal cases, you cannot talk to anybody about this,

0:15:53.880 --> 0:15:55.920
<v Speaker 1>don't watch TV, don't read newspapers, don't go in the internet,

0:15:56.320 --> 0:15:58.640
<v Speaker 1>even though there wasn'tn internet back then for most of us.

0:15:59.560 --> 0:16:02.760
<v Speaker 1>And so that was a really quick thing. They were

0:16:02.760 --> 0:16:06.320
<v Speaker 1>back in no time, and you got to stand up

0:16:06.320 --> 0:16:12.480
<v Speaker 1>when they read the verdict. And in my mind anyway,

0:16:12.720 --> 0:16:15.840
<v Speaker 1>I was expecting a not guilty verdict because everything that

0:16:15.880 --> 0:16:18.720
<v Speaker 1>they had brought forward, for the most part, had been

0:16:18.760 --> 0:16:25.120
<v Speaker 1>emotional pleased without any hard data, no irrefutable science. We

0:16:25.520 --> 0:16:27.160
<v Speaker 1>had countered everything they threw out there.

0:16:27.200 --> 0:16:28.760
<v Speaker 2>It was purely circumstantial.

0:16:29.000 --> 0:16:35.360
<v Speaker 1>Yes, that courtroom there was standing room only. And here's

0:16:35.400 --> 0:16:40.360
<v Speaker 1>the weird thing. When you're in these really intense, emotional,

0:16:40.600 --> 0:16:49.240
<v Speaker 1>weighty situations, you're focused on the judge and the jury,

0:16:49.360 --> 0:16:52.680
<v Speaker 1>and for just a moment you're not aware of the

0:16:52.720 --> 0:16:56.240
<v Speaker 1>closest people to you being right behind you. You're not

0:16:56.320 --> 0:16:58.440
<v Speaker 1>aware that there are a line of cops very nearby

0:16:58.560 --> 0:17:02.400
<v Speaker 1>ready to seize you. You're not aware of the sounds,

0:17:03.120 --> 0:17:06.640
<v Speaker 1>you're not aware of the temperature. You're very, very focused

0:17:06.640 --> 0:17:08.800
<v Speaker 1>on the people that are going to decide your fate

0:17:09.200 --> 0:17:11.040
<v Speaker 1>for the rest of your life, right here and right now.

0:17:12.920 --> 0:17:17.040
<v Speaker 1>And I had more than an expectation of being found

0:17:17.040 --> 0:17:23.800
<v Speaker 1>not guilty. And when they said guilty, it knocked the

0:17:23.840 --> 0:17:28.320
<v Speaker 1>wind out of me. And I didn't collapse on the ground,

0:17:28.600 --> 0:17:31.399
<v Speaker 1>but my knees buckled and I sat down in my chair,

0:17:32.160 --> 0:17:34.120
<v Speaker 1>and it was an involuntary act. If the chair had

0:17:34.119 --> 0:17:35.520
<v Speaker 1>not been in there, i'd have fallen to the floor.

0:17:36.800 --> 0:17:40.960
<v Speaker 1>And I did hear the wails of my mother. I

0:17:41.000 --> 0:17:45.760
<v Speaker 1>think some people were surprised, some people were glad. It

0:17:45.840 --> 0:17:48.119
<v Speaker 1>was a real mixed bag. But once the di verdict

0:17:48.280 --> 0:17:52.040
<v Speaker 1>was in, then you become the murderous perv, the boogeyman,

0:17:52.640 --> 0:17:54.399
<v Speaker 1>the guy there that everybody hates.

0:18:06.040 --> 0:18:10.520
<v Speaker 3>So now you're found guilty and you're sent to Texas prison?

0:18:10.840 --> 0:18:15.400
<v Speaker 2>Right? Is it as bad as it sounds. Prison?

0:18:16.920 --> 0:18:20.800
<v Speaker 1>It's not what you think it is. It's a subculture.

0:18:21.119 --> 0:18:25.359
<v Speaker 1>It's very insular. It's not like the outside world. And

0:18:25.400 --> 0:18:28.000
<v Speaker 1>when you get there. I got some great advice while

0:18:28.040 --> 0:18:29.920
<v Speaker 1>I was in County jail. There was an old guy

0:18:30.200 --> 0:18:34.600
<v Speaker 1>in County jail before I went down to the penitentiary,

0:18:34.880 --> 0:18:39.840
<v Speaker 1>and he told me. He said, you'll be okay. You know,

0:18:39.880 --> 0:18:41.560
<v Speaker 1>you're a grown man. You're thirty two. You're not going

0:18:41.560 --> 0:18:45.120
<v Speaker 1>down there at nineteen. But he said, in the beginning,

0:18:45.640 --> 0:18:50.040
<v Speaker 1>keep your mouth shut and your eyes open. And I

0:18:50.080 --> 0:18:51.720
<v Speaker 1>found that to be some of the best advice I

0:18:51.760 --> 0:19:00.680
<v Speaker 1>ever received. The penitentiary is a violent place, in terminal

0:19:00.760 --> 0:19:05.359
<v Speaker 1>boredom and then absolute horror, and that's kind of what

0:19:05.400 --> 0:19:10.240
<v Speaker 1>it's like. But after a while inside you become desensitized

0:19:10.760 --> 0:19:11.480
<v Speaker 1>to the violence.

0:19:11.760 --> 0:19:13.240
<v Speaker 2>I've heard you talk about the noise.

0:19:14.480 --> 0:19:18.680
<v Speaker 1>Do you remember inside there's a constant din or roar.

0:19:21.000 --> 0:19:27.719
<v Speaker 1>Gates are slamming, PA systems blaring, a lot of people

0:19:27.800 --> 0:19:30.920
<v Speaker 1>talking at the same time. In the mornings, the TV's

0:19:30.960 --> 0:19:34.119
<v Speaker 1>come on in the day room, and late at night

0:19:34.160 --> 0:19:37.679
<v Speaker 1>they're turned off. In between, they're on different channels and

0:19:37.680 --> 0:19:40.959
<v Speaker 1>they're on full blast, and you're in a concrete and

0:19:41.000 --> 0:19:44.040
<v Speaker 1>steel room and the sounds bouncing off and people are

0:19:44.040 --> 0:19:47.720
<v Speaker 1>slamming dominoes on metal tables and yelling at each other,

0:19:48.320 --> 0:19:54.520
<v Speaker 1>and it's like Dante's Inferno. What keeps you going is

0:19:54.560 --> 0:19:57.840
<v Speaker 1>what keeps you going. My first year down there, because

0:19:57.880 --> 0:20:00.800
<v Speaker 1>of a similar schedule, I started seeing one guy down

0:20:00.840 --> 0:20:02.680
<v Speaker 1>at the gym whenever I would go to the gym,

0:20:03.359 --> 0:20:07.720
<v Speaker 1>and just by convenience sake proximity, we started talking. Then

0:20:08.160 --> 0:20:10.000
<v Speaker 1>I found out that he had already been there twenty

0:20:10.040 --> 0:20:13.800
<v Speaker 1>years when I just drove up. And our personalities we're

0:20:13.840 --> 0:20:17.119
<v Speaker 1>close enough where we formed something of a friendship to acquaintances.

0:20:17.280 --> 0:20:23.160
<v Speaker 1>And one weekend, somebody on our cell block hanged himself,

0:20:24.640 --> 0:20:27.720
<v Speaker 1>died right there, and for a while that was the

0:20:27.760 --> 0:20:29.400
<v Speaker 1>talk of the cell block. You know, so and so

0:20:29.560 --> 0:20:34.919
<v Speaker 1>killed himself. And my new friend, Lonnie, had been there

0:20:34.960 --> 0:20:39.040
<v Speaker 1>a while, he'd seen this happen quite a few times.

0:20:39.960 --> 0:20:42.119
<v Speaker 1>And I mentioned it to him and he said, oh yeah.

0:20:42.240 --> 0:20:45.760
<v Speaker 1>The guy didn't have anything to look forward to. And

0:20:45.800 --> 0:20:48.880
<v Speaker 1>he told me, he said, you have to have hope.

0:20:49.640 --> 0:20:54.200
<v Speaker 1>It can be remodeling an old house, restoring an old marriage,

0:20:55.280 --> 0:20:57.239
<v Speaker 1>that doesn't matter what it is. You have to have

0:20:57.280 --> 0:21:00.000
<v Speaker 1>something look forward to. And in a very offhanded way,

0:21:00.080 --> 0:21:02.239
<v Speaker 1>he said, like you, it's your son, And that's kind

0:21:02.240 --> 0:21:03.920
<v Speaker 1>of surprised me. I didn't realize that I was being

0:21:03.920 --> 0:21:07.159
<v Speaker 1>that transparent. But he said, without hope, without something to

0:21:07.200 --> 0:21:12.359
<v Speaker 1>look forward to, no matter what it is, you won't

0:21:12.359 --> 0:21:13.959
<v Speaker 1>want to get out of bed in the morning. You

0:21:14.000 --> 0:21:15.760
<v Speaker 1>won't want to live in that place or the rest

0:21:15.760 --> 0:21:19.120
<v Speaker 1>of your life. You'll either hang yourself or cut your

0:21:19.119 --> 0:21:22.800
<v Speaker 1>own throat, or jump off the third tier. And I've

0:21:22.840 --> 0:21:24.000
<v Speaker 1>seen guys do all three.

0:21:24.400 --> 0:21:29.920
<v Speaker 2>Wow, So your son would visit and he was your hope.

0:21:30.800 --> 0:21:37.800
<v Speaker 1>Yeah, it is one of those wonderful, strange, I thank

0:21:37.840 --> 0:21:41.080
<v Speaker 1>God moments, the kind of thing where you have something

0:21:41.160 --> 0:21:45.080
<v Speaker 1>precious and wonderful that you're projecting onto and you're hoping for.

0:21:46.520 --> 0:21:49.000
<v Speaker 1>And I got to see him about every six months,

0:21:50.080 --> 0:21:55.000
<v Speaker 1>and then that changed. While that was a wonderful thing,

0:21:56.560 --> 0:21:59.720
<v Speaker 1>at a certain point, my son reached early puberty, early

0:21:59.760 --> 0:22:01.960
<v Speaker 1>team and he's getting tired of coming down there to

0:22:02.000 --> 0:22:04.320
<v Speaker 1>see his dad, and the people raising him aren't saying

0:22:04.359 --> 0:22:07.840
<v Speaker 1>good things about me, and he wants to end the

0:22:07.920 --> 0:22:12.439
<v Speaker 1>visits and he does. And I made him come down

0:22:12.480 --> 0:22:17.879
<v Speaker 1>there and tell me that, and your schedule for to

0:22:18.000 --> 0:22:21.320
<v Speaker 1>our visits in Texas depending on how far away you are.

0:22:22.920 --> 0:22:26.320
<v Speaker 1>And when they came to see me the last time,

0:22:26.800 --> 0:22:28.200
<v Speaker 1>got right to it. And asked him if it was

0:22:28.240 --> 0:22:32.400
<v Speaker 1>our last visit, and he told me it was. And

0:22:32.480 --> 0:22:36.040
<v Speaker 1>I turned to my sister in law, the lady raising him.

0:22:36.480 --> 0:22:38.320
<v Speaker 1>I told him, told her to take good care of

0:22:38.359 --> 0:22:40.879
<v Speaker 1>my son. And I told my son that he always

0:22:40.920 --> 0:22:41.679
<v Speaker 1>knew where to find me.

0:22:41.840 --> 0:22:43.320
<v Speaker 2>And I walked to the visiting room.

0:22:44.840 --> 0:22:49.040
<v Speaker 1>That scheduled to our visit last about two minutes. And

0:22:49.880 --> 0:22:52.199
<v Speaker 1>it's one of you hear that kind of news, You

0:22:52.240 --> 0:22:54.840
<v Speaker 1>go through that kind of thing. And I'd been inside

0:22:54.880 --> 0:22:57.800
<v Speaker 1>a while, and I'd already had something of that shell

0:22:57.840 --> 0:23:01.920
<v Speaker 1>around me, that tough guy persona, but I still felt

0:23:01.960 --> 0:23:05.040
<v Speaker 1>as if I'd been kicked in the face. I was numb.

0:23:06.440 --> 0:23:08.960
<v Speaker 1>I was kind of walking through a haze. I knew

0:23:08.960 --> 0:23:11.120
<v Speaker 1>the real pain would come later, just like being kicked

0:23:11.160 --> 0:23:15.640
<v Speaker 1>in the face. But it's the last time I saw

0:23:15.720 --> 0:23:18.639
<v Speaker 1>him while I was inside, and I still had another

0:23:19.920 --> 0:23:24.520
<v Speaker 1>Oh by then another twelve or fourteen years ago.

0:23:26.160 --> 0:23:30.520
<v Speaker 3>So now you your hope is gone. But you didn't

0:23:30.560 --> 0:23:33.320
<v Speaker 3>take the let's call it the easy way out. You

0:23:33.359 --> 0:23:38.880
<v Speaker 3>saw guys hanging themselves, jumping off tears, slitting their own throats.

0:23:39.359 --> 0:23:41.200
<v Speaker 2>What did what happened?

0:23:42.520 --> 0:23:44.679
<v Speaker 1>Well, I did something that was very uncharacteristic for me

0:23:44.680 --> 0:23:52.600
<v Speaker 1>at the time, I was completely emotionally, utterly just empty, gutted, wounded,

0:23:52.600 --> 0:23:54.240
<v Speaker 1>and I didn't know what to do or where to go,

0:23:54.680 --> 0:23:57.560
<v Speaker 1>which way to turn. And the uncharacteristic thing that I

0:23:57.560 --> 0:24:00.240
<v Speaker 1>did is I cried out to God, you know, show

0:24:00.280 --> 0:24:01.480
<v Speaker 1>me something. I got nothing here.

0:24:01.560 --> 0:24:03.280
<v Speaker 2>But you are't a religious guy at the time.

0:24:03.359 --> 0:24:08.080
<v Speaker 1>Nah, nah, nah, and get I got nothing. You know,

0:24:08.200 --> 0:24:10.840
<v Speaker 1>I didn't hear this voice from above, you know, Michael,

0:24:11.080 --> 0:24:11.679
<v Speaker 1>it's gonna rain.

0:24:11.760 --> 0:24:12.359
<v Speaker 2>Build a boat.

0:24:13.880 --> 0:24:16.600
<v Speaker 1>It was absolutely nothing. And you know what, in all

0:24:16.720 --> 0:24:21.080
<v Speaker 1>candor that not getting a response was sort of what

0:24:21.119 --> 0:24:25.040
<v Speaker 1>I expected because things had been going so badly for

0:24:25.119 --> 0:24:28.600
<v Speaker 1>so long. Yeah, why is it going to change in

0:24:28.920 --> 0:24:31.520
<v Speaker 1>a heartbeat like this? You know, just because I'm suffering?

0:24:31.720 --> 0:24:32.280
<v Speaker 2>Boo hoo.

0:24:33.240 --> 0:24:38.000
<v Speaker 1>And then about a week or so later, completely normal day,

0:24:39.240 --> 0:24:45.760
<v Speaker 1>nothing special, work, jim eat, sleep. It's late at nights,

0:24:45.800 --> 0:24:49.880
<v Speaker 1>my usual bedtime. My cell partners on the bottom bunk,

0:24:50.040 --> 0:24:53.879
<v Speaker 1>he's already sleep. I decided to kill the light and

0:24:53.880 --> 0:24:56.320
<v Speaker 1>turn on the radio, go down the dial a few times,

0:24:56.640 --> 0:24:58.840
<v Speaker 1>and call it a night. With your headphones, yes, with

0:24:58.880 --> 0:25:01.159
<v Speaker 1>my headphones on. That was that was my routine. I

0:25:01.160 --> 0:25:04.000
<v Speaker 1>had done this thousands of nights Before this, this was

0:25:04.080 --> 0:25:07.359
<v Speaker 1>just what you do in the penitentiary, and every indicator

0:25:07.480 --> 0:25:09.639
<v Speaker 1>a pellet and otherwise is I was going to be

0:25:09.680 --> 0:25:12.520
<v Speaker 1>doing this for thousands of more nights. This was my life,

0:25:13.560 --> 0:25:15.560
<v Speaker 1>and so I did this. At the time, I was

0:25:15.600 --> 0:25:17.800
<v Speaker 1>in a penitential a little south of Houston, and I

0:25:17.840 --> 0:25:20.880
<v Speaker 1>picked up a classical station out of Houston, and there's

0:25:20.920 --> 0:25:24.320
<v Speaker 1>a what sounded to me like a lady playing a harp.

0:25:25.280 --> 0:25:27.240
<v Speaker 1>You know, you might have been a guy, but in

0:25:27.280 --> 0:25:29.120
<v Speaker 1>my mind, I'm listening to this lady playing a harp.

0:25:29.160 --> 0:25:31.440
<v Speaker 1>And I don't know about you, but you don't hear

0:25:31.520 --> 0:25:34.800
<v Speaker 1>too much harp music on the radio. It's just.

0:25:36.520 --> 0:25:39.240
<v Speaker 2>Or in prison, especially in prison.

0:25:39.600 --> 0:25:41.320
<v Speaker 1>And so I listened to him for a moment because

0:25:41.359 --> 0:25:46.520
<v Speaker 1>that's something of a novelty. And now it's comically apropos

0:25:48.600 --> 0:25:51.000
<v Speaker 1>But after listening to that for just a moment, with

0:25:51.280 --> 0:25:57.480
<v Speaker 1>no warning whatsoever, just boom like that, I found myself

0:25:57.480 --> 0:26:04.440
<v Speaker 1>bathed in golden light, inexplicable, wonderful, beautiful, reassuring golden light.

0:26:04.520 --> 0:26:07.000
<v Speaker 1>And I could see nothing but this golden light. And

0:26:07.040 --> 0:26:10.080
<v Speaker 1>I heard this roaring in my ears, and I felt wonderful.

0:26:10.240 --> 0:26:11.520
<v Speaker 1>I don't know if I was, but I felt like

0:26:11.560 --> 0:26:13.280
<v Speaker 1>I might have been floating on my buck I don't know.

0:26:13.280 --> 0:26:18.320
<v Speaker 1>I just this wonderful, fantastic, beautiful sensation, and I was sure,

0:26:18.800 --> 0:26:21.560
<v Speaker 1>without having to be having it explained to me, it

0:26:21.600 --> 0:26:25.480
<v Speaker 1>was self evident that I was in the presence of God.

0:26:26.800 --> 0:26:32.760
<v Speaker 1>And I felt this reassurance and this undeniable, limitless focus

0:26:32.800 --> 0:26:38.560
<v Speaker 1>of love aimed right at me. And it was profound

0:26:38.760 --> 0:26:46.399
<v Speaker 1>and wonderful and reassuring and a fantastic and it changed

0:26:46.440 --> 0:26:53.439
<v Speaker 1>everything about me and my perspective and my life. And

0:26:53.480 --> 0:26:56.480
<v Speaker 1>then I heard my alarm going off, and I reflexively

0:26:56.520 --> 0:26:59.119
<v Speaker 1>just turned it off, like I did every morning, and

0:26:59.160 --> 0:27:03.520
<v Speaker 1>I sat up in my bunk and I thought, WHOA,

0:27:03.800 --> 0:27:07.840
<v Speaker 1>I'm not accustomed supernatural experiences. I don't have a psychistory.

0:27:07.880 --> 0:27:09.560
<v Speaker 1>I don't you know all the stuff. And I'm going

0:27:10.359 --> 0:27:14.880
<v Speaker 1>I knew what that was. But like all profound things

0:27:14.920 --> 0:27:19.320
<v Speaker 1>in your life, I think why. It's probably the most

0:27:19.320 --> 0:27:22.720
<v Speaker 1>important question you can ask. And I didn't have a clue.

0:27:24.240 --> 0:27:26.679
<v Speaker 1>Why did this happen to me? Here I am some

0:27:26.840 --> 0:27:32.600
<v Speaker 1>guy just sitting the penitentiary. And I spent probably months

0:27:32.680 --> 0:27:36.879
<v Speaker 1>chewing on this, thinking, reading, talking to people, giving a

0:27:36.920 --> 0:27:39.800
<v Speaker 1>little praying about you know what's going on here. And

0:27:39.880 --> 0:27:43.399
<v Speaker 1>the simplest thing is what you might call Ockham's razor,

0:27:44.040 --> 0:27:49.399
<v Speaker 1>that philosophical notion that the simplest explanation, until proven wrong,

0:27:49.880 --> 0:27:53.440
<v Speaker 1>is probably the best. And it hit me that the

0:27:53.440 --> 0:27:56.840
<v Speaker 1>only thing that had happened is I had asked, you know,

0:27:57.040 --> 0:27:59.840
<v Speaker 1>help God, please show me something. I got nothing here.

0:28:01.200 --> 0:28:02.240
<v Speaker 2>You literally had nothing.

0:28:02.359 --> 0:28:08.560
<v Speaker 1>I nowhere to go. And he said, okay, look, And

0:28:08.640 --> 0:28:12.760
<v Speaker 1>I knew this is real because it changed me inside.

0:28:13.760 --> 0:28:17.440
<v Speaker 1>This wasn't some sort of, you know, intellectual conclusion I

0:28:17.560 --> 0:28:20.560
<v Speaker 1>reached after, you know, some kind of investigation. This this

0:28:20.640 --> 0:28:22.600
<v Speaker 1>is something that happened to me. And the reason I

0:28:22.640 --> 0:28:27.399
<v Speaker 1>know that it's real and almost irrational but genuine, is

0:28:27.440 --> 0:28:33.120
<v Speaker 1>that I'm different. After this happened to me, I wanted

0:28:33.160 --> 0:28:36.560
<v Speaker 1>different things, and I disliked other things. In fact, my

0:28:36.640 --> 0:28:38.880
<v Speaker 1>life did a point eighty. The things that I had

0:28:38.960 --> 0:28:41.000
<v Speaker 1>hated now I was loving them. The things that I

0:28:41.000 --> 0:28:43.040
<v Speaker 1>had loved, now I was hating them, and the whole,

0:28:43.440 --> 0:28:47.320
<v Speaker 1>the good, bad, the right and wrong dynamic. There the

0:28:47.640 --> 0:28:50.840
<v Speaker 1>conundmum we all wrestle with was suddenly plain to me.

0:28:51.800 --> 0:29:08.640
<v Speaker 1>It made sense, and things did get better.

0:29:08.720 --> 0:29:11.280
<v Speaker 3>It took a long time from there, right, But then

0:29:12.120 --> 0:29:16.040
<v Speaker 3>the Innocence Project. Let's talk about the Innocence Project. You are, yeah,

0:29:16.080 --> 0:29:20.360
<v Speaker 3>you're a big fan, you can say that. Yeah, what

0:29:20.520 --> 0:29:22.719
<v Speaker 3>happened was early on.

0:29:23.160 --> 0:29:26.040
<v Speaker 1>DNA was just in its infancy when I got convicted,

0:29:26.600 --> 0:29:28.880
<v Speaker 1>and as things started evolving, you started seeing these things

0:29:28.920 --> 0:29:32.240
<v Speaker 1>in the newspaper, were on TV. And not only did

0:29:32.280 --> 0:29:35.880
<v Speaker 1>I write a letter, but my parents did, my aunt did,

0:29:35.960 --> 0:29:38.760
<v Speaker 1>my sister did. Thence to the Instance Project asking for

0:29:39.960 --> 0:29:42.520
<v Speaker 1>you know, hey, look at my case. The Instance Project

0:29:42.560 --> 0:29:44.720
<v Speaker 1>is very above board, very transparent.

0:29:44.960 --> 0:29:48.240
<v Speaker 3>Yeah, there's no jumping the line, so to speak, except

0:29:48.280 --> 0:29:51.000
<v Speaker 3>for death penalty cases, which of course those have to

0:29:51.000 --> 0:29:53.280
<v Speaker 3>go to the front because otherwise it's too late and

0:29:53.320 --> 0:29:54.320
<v Speaker 3>there's no reversing that.

0:29:55.520 --> 0:29:57.920
<v Speaker 2>But so, but your case did make it to the

0:29:57.960 --> 0:29:59.600
<v Speaker 2>top of the to the top of the pile.

0:30:00.080 --> 0:30:07.719
<v Speaker 1>Case got resolved because in essence of DNA evidence, there

0:30:07.720 --> 0:30:10.600
<v Speaker 1>were lots of questions. We talked about that accusation of

0:30:10.640 --> 0:30:13.040
<v Speaker 1>being the murderous perv with my wife's the dead hand.

0:30:13.080 --> 0:30:16.000
<v Speaker 1>Well there was a stain on the bed sheet, there

0:30:16.000 --> 0:30:19.600
<v Speaker 1>are you know, there was an autopsy. So we start

0:30:19.640 --> 0:30:23.880
<v Speaker 1>slowly getting incremental successes in court about okay, well, test

0:30:23.920 --> 0:30:27.960
<v Speaker 1>that stain test, some of the the swaps from the autopsy,

0:30:29.800 --> 0:30:32.600
<v Speaker 1>and we're and there's also like there's this bandana that

0:30:32.640 --> 0:30:36.000
<v Speaker 1>was found behind our house that had human blood on it.

0:30:36.440 --> 0:30:38.040
<v Speaker 1>But that's as far as they ever went because, you know,

0:30:38.040 --> 0:30:43.080
<v Speaker 1>eighty six eighty seven, there was no advanced scientific way

0:30:43.080 --> 0:30:46.000
<v Speaker 1>of finding out what was what. So we're starting to

0:30:46.040 --> 0:30:51.360
<v Speaker 1>get these tests done and the courts being I don't

0:30:51.360 --> 0:30:53.280
<v Speaker 1>want to say biased, but you know, the the Pellet

0:30:53.320 --> 0:30:55.960
<v Speaker 1>court seemed to lean towards the prosecution. You have, you know,

0:30:56.000 --> 0:31:00.120
<v Speaker 1>you have a conviction here, and you're upsetting the apple a.

0:31:00.280 --> 0:31:01.920
<v Speaker 2>Bit, a perfectly good conviction.

0:31:02.160 --> 0:31:04.480
<v Speaker 1>Yes, yes, yeah, yeah, Well what are you trying to

0:31:04.480 --> 0:31:07.040
<v Speaker 1>do here? You're trying to undermine the process. And so

0:31:07.120 --> 0:31:10.080
<v Speaker 1>these things are being tested, but they're coming back either

0:31:10.200 --> 0:31:13.600
<v Speaker 1>negative or inconclusive. For instance, like the stain on the

0:31:13.640 --> 0:31:17.160
<v Speaker 1>sheet that came about with the whole murder's perv accusation,

0:31:17.960 --> 0:31:20.120
<v Speaker 1>we'll come to find out that wasn't what they called

0:31:20.160 --> 0:31:23.840
<v Speaker 1>a neat stain. That was what's in every marriage bed.

0:31:23.880 --> 0:31:27.440
<v Speaker 1>It's what they called a mixed stain of both male

0:31:27.480 --> 0:31:30.520
<v Speaker 1>and female fluids. It's in every marriage bed. And so

0:31:30.760 --> 0:31:35.560
<v Speaker 1>that kind of completely blew that whole pervert aspect of

0:31:35.560 --> 0:31:38.880
<v Speaker 1>that accusation. But then also the swaps from the autopsy

0:31:39.000 --> 0:31:41.200
<v Speaker 1>those came back negative, negative, negative, And so it's looking

0:31:41.240 --> 0:31:43.680
<v Speaker 1>like there's less and less to happen here. Things just

0:31:43.720 --> 0:31:45.920
<v Speaker 1>aren't looking good. In fact, I even sent a letter

0:31:46.320 --> 0:31:50.160
<v Speaker 1>to the Instance Project that you know, I understand you've

0:31:50.160 --> 0:31:51.760
<v Speaker 1>been moving head on earth here, but it looks like

0:31:51.760 --> 0:31:54.200
<v Speaker 1>we're not getting much results here and if you have

0:31:54.240 --> 0:31:56.120
<v Speaker 1>to step away, I understand because the Instance Project has

0:31:56.160 --> 0:31:58.840
<v Speaker 1>limited resources and they can't just throw good money after

0:31:58.880 --> 0:32:02.440
<v Speaker 1>bad on an unwin case. And the last piece of

0:32:02.480 --> 0:32:04.800
<v Speaker 1>evidence that they fought, fought and fought and finally got

0:32:04.840 --> 0:32:08.000
<v Speaker 1>access to was this blue bandana that was found behind

0:32:08.080 --> 0:32:12.960
<v Speaker 1>my house that had some blood on it, and they

0:32:13.040 --> 0:32:19.080
<v Speaker 1>finally got it tested and in a almost a supernatural revelation,

0:32:19.440 --> 0:32:22.280
<v Speaker 1>the the are some project aways. Has to have an

0:32:22.360 --> 0:32:25.000
<v Speaker 1>attorney of record from the state where they're where they're

0:32:25.320 --> 0:32:29.320
<v Speaker 1>carrying out this appeal, and this one was John Rayley.

0:32:29.400 --> 0:32:31.360
<v Speaker 1>He was a pro bono lawyer out of Houston. He's

0:32:31.400 --> 0:32:34.400
<v Speaker 1>a civil attorney, never done a criminal case in his life,

0:32:35.160 --> 0:32:38.280
<v Speaker 1>but he and Nina Morrison with the Instant the Project

0:32:38.880 --> 0:32:42.000
<v Speaker 1>did a lot of the underlying work of this and

0:32:42.800 --> 0:32:45.800
<v Speaker 1>if the hearing before this blue bandana was tested, John

0:32:45.880 --> 0:32:48.600
<v Speaker 1>really says something I was reading the record about it,

0:32:49.080 --> 0:32:52.280
<v Speaker 1>that this bandana, he said, we should test it, your honor,

0:32:52.320 --> 0:32:56.200
<v Speaker 1>because it might have the victims DNA on it, it

0:32:56.320 --> 0:32:59.880
<v Speaker 1>might have the assailants DNA on it. It might have

0:33:00.360 --> 0:33:03.360
<v Speaker 1>the key to turning to turning this whole case around.

0:33:04.320 --> 0:33:07.280
<v Speaker 1>But unless you test it or allow us to test it,

0:33:07.440 --> 0:33:09.800
<v Speaker 1>we'll never know. And the Answers Project is willing to

0:33:09.880 --> 0:33:12.680
<v Speaker 1>pay for everything, the lap test that transports everything. Just

0:33:12.680 --> 0:33:15.520
<v Speaker 1>just let us do it and we will either confirm

0:33:15.560 --> 0:33:18.680
<v Speaker 1>your conviction and make it unassailable or will free an

0:33:18.720 --> 0:33:24.160
<v Speaker 1>innocent man. And in a wildly weirdly profought prophetic sort

0:33:24.160 --> 0:33:26.280
<v Speaker 1>of statement, that's what was said in court. And that's

0:33:26.320 --> 0:33:32.400
<v Speaker 1>exactly what happened. Is that bandana had my wife's DNA

0:33:32.480 --> 0:33:37.000
<v Speaker 1>on it, and it also had co mingled DNA with

0:33:37.120 --> 0:33:41.080
<v Speaker 1>hers on that bandana belonging to a male, not me,

0:33:42.560 --> 0:33:46.760
<v Speaker 1>And that's wonderful, But that wasn't a get out of

0:33:46.840 --> 0:33:47.520
<v Speaker 1>JEO free card.

0:33:48.680 --> 0:33:50.800
<v Speaker 3>But there was another break in the case, which is

0:33:50.840 --> 0:33:58.080
<v Speaker 3>that the actual killer who And this is tragic, another.

0:33:57.800 --> 0:34:01.560
<v Speaker 2>Tragic aspect of this, There.

0:34:01.440 --> 0:34:05.920
<v Speaker 3>Was a very similar murder nearby in the months after

0:34:05.960 --> 0:34:06.880
<v Speaker 3>your wife's murder.

0:34:07.120 --> 0:34:11.799
<v Speaker 1>Yeah, I was inside the penitential about seventeen months when

0:34:11.840 --> 0:34:18.960
<v Speaker 1>another murder was committed in Austin. What's bizarre is in

0:34:18.960 --> 0:34:23.279
<v Speaker 1>a very creepy way. The victim of this murder was

0:34:23.320 --> 0:34:27.160
<v Speaker 1>a woman named Deborah Baker. I like my wife. She

0:34:27.400 --> 0:34:31.520
<v Speaker 1>was a woman in her early thirties, long dark hair,

0:34:34.239 --> 0:34:38.920
<v Speaker 1>young child was home alone at the time. There was

0:34:38.920 --> 0:34:46.120
<v Speaker 1>no forced entry at either home. They were both beaten

0:34:46.120 --> 0:34:51.360
<v Speaker 1>to death about the head and very violent deaths. The

0:34:51.480 --> 0:34:54.000
<v Speaker 1>houses were ransacked a bit, some things were taken, some

0:34:54.040 --> 0:34:58.719
<v Speaker 1>things were left behind. It was very unusual. And this

0:34:58.920 --> 0:35:01.560
<v Speaker 1>it all had happened on the thirteenth of the month.

0:35:02.640 --> 0:35:04.719
<v Speaker 2>And it's a lot of coincidence.

0:35:05.000 --> 0:35:09.960
<v Speaker 1>When the DNA from that bandana was run through Cotis,

0:35:11.160 --> 0:35:15.360
<v Speaker 1>I actually got news of it on my birthday, a

0:35:15.400 --> 0:35:20.040
<v Speaker 1>few months after the DNA was first found, and there

0:35:20.080 --> 0:35:23.319
<v Speaker 1>was a hit on Cotis and this guy named Mark

0:35:23.360 --> 0:35:33.439
<v Speaker 1>Norwood was on the bandana and my attorney friend, John

0:35:33.520 --> 0:35:43.080
<v Speaker 1>Rayley's wife and a an legal paralegal and RN had

0:35:43.080 --> 0:35:44.560
<v Speaker 1>gotten together and they were on the Internet and they

0:35:44.560 --> 0:35:47.920
<v Speaker 1>were looking up cold cases in Austin, and they found

0:35:47.920 --> 0:35:53.799
<v Speaker 1>this woman's case that paralleled, if not mirrored, my own,

0:35:54.239 --> 0:35:57.759
<v Speaker 1>and they brought it to the Austin Police department and

0:35:57.800 --> 0:36:00.880
<v Speaker 1>they said, look, we've got this case and the almost identical.

0:36:01.600 --> 0:36:04.000
<v Speaker 1>We've got your perpetrator who in one case we think

0:36:04.040 --> 0:36:07.200
<v Speaker 1>he's good for the other one. And here's his name,

0:36:07.760 --> 0:36:11.839
<v Speaker 1>here's his DNA profile, and here's his address. We think

0:36:11.880 --> 0:36:14.160
<v Speaker 1>he might want to look at him. And they did,

0:36:14.239 --> 0:36:17.920
<v Speaker 1>and they did the great credit. Oh absolutely, this was

0:36:17.920 --> 0:36:21.239
<v Speaker 1>a different police department than had come after me, and

0:36:21.280 --> 0:36:23.960
<v Speaker 1>they were gung ho and they match it up immediately,

0:36:24.680 --> 0:36:28.880
<v Speaker 1>and within weeks they had after my release, they arrested

0:36:28.880 --> 0:36:34.879
<v Speaker 1>this guy. And these two murders were frighteningly similar. And

0:36:34.960 --> 0:36:38.600
<v Speaker 1>that was the impetus to make the prosecutor who was

0:36:38.640 --> 0:36:42.000
<v Speaker 1>handling the Pellet situation for the county, agreed to let

0:36:42.040 --> 0:36:44.720
<v Speaker 1>me out because there was another murder.

0:36:45.760 --> 0:36:49.360
<v Speaker 3>You're freed out into the sunshine twenty four years and

0:36:49.440 --> 0:36:52.840
<v Speaker 3>seven days, twenty four hours a day. And then things

0:36:52.960 --> 0:36:58.120
<v Speaker 3>take another interesting turn, right, which is that it's it's

0:36:58.120 --> 0:37:05.440
<v Speaker 3>a crazy thing that in this country, no prosecutor has

0:37:05.520 --> 0:37:10.280
<v Speaker 3>ever gone to jail until your case for a wrongful

0:37:10.280 --> 0:37:15.359
<v Speaker 3>conviction resulting in incarceration. But Ken Anderson was now a judge, right,

0:37:15.400 --> 0:37:18.200
<v Speaker 3>he had been promoted, And that's that's a crazy thing too, Right,

0:37:18.239 --> 0:37:22.480
<v Speaker 3>he won District Attorney of the Year after he wrongly

0:37:22.560 --> 0:37:27.759
<v Speaker 3>convicted you and ralful convicted you, and it was ultimately

0:37:28.040 --> 0:37:30.120
<v Speaker 3>became Ultimately he became a judge.

0:37:30.239 --> 0:37:30.759
<v Speaker 2>And so.

0:37:32.160 --> 0:37:38.480
<v Speaker 3>The prosecutor from misconduct was uncovered. Right, the fact that

0:37:38.600 --> 0:37:42.160
<v Speaker 3>he had in fact had access and was aware of

0:37:42.200 --> 0:37:43.240
<v Speaker 3>these pieces of evidence.

0:37:44.280 --> 0:37:46.040
<v Speaker 1>After I got out, they had a quarter of inquiry

0:37:46.040 --> 0:37:48.440
<v Speaker 1>in Texas to determine whether or not anything had happened.

0:37:48.640 --> 0:37:51.279
<v Speaker 1>Didn't rely on his memory, didn't rely on what other

0:37:51.280 --> 0:37:56.279
<v Speaker 1>people said. There was a record of these things being requested.

0:37:56.800 --> 0:37:59.359
<v Speaker 1>I mean when the judge asked to prosecutor straight up,

0:37:59.719 --> 0:38:03.719
<v Speaker 1>do you have anything else, and they say no, that's

0:38:03.760 --> 0:38:08.960
<v Speaker 1>against the law, that violates Brady. And what happened to

0:38:09.440 --> 0:38:13.840
<v Speaker 1>Ken Anderson was here's this sitting judge and the state

0:38:13.920 --> 0:38:15.799
<v Speaker 1>bar in the state of Texas. They're coming after him.

0:38:16.640 --> 0:38:18.359
<v Speaker 1>And at the end of it all, there were there

0:38:18.360 --> 0:38:21.600
<v Speaker 1>were some issues with you know, statue limitations, some other things,

0:38:21.600 --> 0:38:23.560
<v Speaker 1>but the bottom line was there was a plea. At

0:38:23.600 --> 0:38:27.520
<v Speaker 1>the end of it all. He was removed from the bench,

0:38:28.719 --> 0:38:30.319
<v Speaker 1>which was a great thing because he can no longer

0:38:30.360 --> 0:38:32.759
<v Speaker 1>do to me what he did other folks. He also

0:38:32.800 --> 0:38:36.080
<v Speaker 1>had his law license taken away. He had I think

0:38:36.120 --> 0:38:38.240
<v Speaker 1>it was a five hundred dollar of fine, five hundred

0:38:38.239 --> 0:38:43.200
<v Speaker 1>hours community service. And for all the lawyers are telling

0:38:43.239 --> 0:38:45.160
<v Speaker 1>me that, for the first time that anybody knows of

0:38:45.200 --> 0:38:48.319
<v Speaker 1>in America, he was a judge was acted well, a

0:38:48.360 --> 0:38:52.400
<v Speaker 1>prosecutor was sent to jail for misconduct and murder trial.

0:38:53.680 --> 0:38:56.840
<v Speaker 1>And if you know anybody in the criminal justice world

0:38:56.840 --> 0:38:59.680
<v Speaker 1>talks to the lawyers, this sent ripples all across the country.

0:39:00.320 --> 0:39:06.600
<v Speaker 1>This hadn't happened before. And I was amazed at the

0:39:06.600 --> 0:39:11.960
<v Speaker 1>the way that the other lawyers were incensed. Not just

0:39:12.000 --> 0:39:15.440
<v Speaker 1>the defense bar, but the prosecutors hated this too, because

0:39:15.840 --> 0:39:22.239
<v Speaker 1>it's like when there's a bad cop revealed, the other

0:39:22.280 --> 0:39:24.319
<v Speaker 1>cops dislike it because it makes them look bad. It

0:39:24.320 --> 0:39:26.640
<v Speaker 1>makes their job more difficult, because when people don't trust

0:39:26.680 --> 0:39:30.120
<v Speaker 1>the criminal justice system, they'll just opt out. And so

0:39:30.160 --> 0:39:33.439
<v Speaker 1>this was a huge deal. This judge, the sitting judge,

0:39:33.520 --> 0:39:35.799
<v Speaker 1>was held accountable for something he had done, you know,

0:39:35.920 --> 0:39:39.520
<v Speaker 1>twenty five years ago, and took a huge chunk of

0:39:39.520 --> 0:39:44.240
<v Speaker 1>my life. And the family of the other victim, Deborah Baker,

0:39:45.080 --> 0:39:49.240
<v Speaker 1>they were heartbroken and incensed at the same time because

0:39:49.320 --> 0:39:52.440
<v Speaker 1>had this judge, who used to be a prosecutor, had

0:39:52.440 --> 0:39:54.879
<v Speaker 1>he done a job properly, had he not gone after

0:39:54.920 --> 0:39:59.520
<v Speaker 1>me by suppressing evidence, their mother, wife's sister, that family

0:39:59.560 --> 0:40:02.040
<v Speaker 1>Mamber deb A Baker might be a life today.

0:40:02.239 --> 0:40:03.359
<v Speaker 2>She likely would be.

0:40:03.560 --> 0:40:07.520
<v Speaker 3>And it's really a terrible another terrible outcome of this

0:40:07.640 --> 0:40:12.840
<v Speaker 3>whole situation, this whole crooked situation. There's one more wonderful

0:40:12.920 --> 0:40:18.359
<v Speaker 3>aspect of this, right, which is that you've gone well,

0:40:18.360 --> 0:40:21.360
<v Speaker 3>aside from being on sixty Minutes and having a movie

0:40:21.400 --> 0:40:26.799
<v Speaker 3>made about you and getting remarried and re establishing your

0:40:26.840 --> 0:40:29.799
<v Speaker 3>relationship with your son and a book then book is

0:40:29.800 --> 0:40:33.239
<v Speaker 3>called Getting Life, Getting Life. But on top of that,

0:40:33.560 --> 0:40:38.640
<v Speaker 3>I think the thing that is really going to be

0:40:38.719 --> 0:40:41.320
<v Speaker 3>a big part of your legacy it is the Michael

0:40:41.320 --> 0:40:41.919
<v Speaker 3>Morton Act.

0:40:43.840 --> 0:40:44.879
<v Speaker 2>And let's talk about that.

0:40:44.960 --> 0:40:48.959
<v Speaker 1>This is a model law that Canaan should be used

0:40:49.080 --> 0:40:52.280
<v Speaker 1>as a template across the country in each state because

0:40:52.320 --> 0:40:55.279
<v Speaker 1>each state is ConTroll of it. O criminalisis system. The

0:40:55.320 --> 0:40:59.520
<v Speaker 1>bulk of or the essence of it is that if

0:40:59.520 --> 0:41:02.359
<v Speaker 1>you're a charge with the crime. God forbid that the

0:41:02.400 --> 0:41:07.680
<v Speaker 1>state should and is required to turn over to the

0:41:07.719 --> 0:41:10.879
<v Speaker 1>citizen the evidence they have against you at trial. They

0:41:10.960 --> 0:41:13.520
<v Speaker 1>just can't make it up. They have to actually have

0:41:13.600 --> 0:41:15.319
<v Speaker 1>hard evidence, and they have to share it with you,

0:41:15.680 --> 0:41:17.799
<v Speaker 1>just like it happens in a civil trial. That the

0:41:17.800 --> 0:41:19.920
<v Speaker 1>criminal justice side of it should be like the civil

0:41:20.040 --> 0:41:24.480
<v Speaker 1>justice side of it, and so sharing of files isn't

0:41:24.560 --> 0:41:29.840
<v Speaker 1>undermining the prosecutor side. I've talked to a lot of

0:41:29.840 --> 0:41:34.360
<v Speaker 1>prosecutors and prosecutor groups since I've been out. This actually

0:41:34.560 --> 0:41:40.200
<v Speaker 1>protects them from certain appellate review. It makes their cases

0:41:40.239 --> 0:41:43.799
<v Speaker 1>stronger if they can prove, as a byproduct of the

0:41:43.840 --> 0:41:47.520
<v Speaker 1>process that they've been transparent and they've shared everything, that

0:41:47.520 --> 0:41:51.839
<v Speaker 1>they've been above board and it's been a legitimate prosecution.

0:41:52.400 --> 0:41:55.160
<v Speaker 1>That they just share their files, the police reports, the

0:41:55.239 --> 0:41:58.520
<v Speaker 1>lab reports. You know, if it shows that the time

0:41:58.560 --> 0:42:03.440
<v Speaker 1>of death was something that would clear the defendant, that

0:42:03.520 --> 0:42:06.279
<v Speaker 1>should be known. Or if that time of death really

0:42:06.360 --> 0:42:08.759
<v Speaker 1>nails the guy, that should be shown too. Because we're

0:42:08.800 --> 0:42:13.640
<v Speaker 1>having public trials. And I did not name it, but

0:42:13.719 --> 0:42:18.480
<v Speaker 1>the Michael Mortnack in Texas does that. It codifies Brady

0:42:18.520 --> 0:42:21.719
<v Speaker 1>and it forces them to do what's right. I like

0:42:21.840 --> 0:42:25.800
<v Speaker 1>using the analogy of you're playing cards and you're playing

0:42:25.800 --> 0:42:29.600
<v Speaker 1>for money. The prosecutor gets to deal the cards. Well,

0:42:29.640 --> 0:42:31.440
<v Speaker 1>it used to be that he would also or she

0:42:32.320 --> 0:42:34.200
<v Speaker 1>would not just deal you the cards, but look at

0:42:34.239 --> 0:42:36.440
<v Speaker 1>the cards beforehand and decide whether or not you should

0:42:36.440 --> 0:42:39.799
<v Speaker 1>get them. And that's not a level of playing field.

0:42:39.800 --> 0:42:42.640
<v Speaker 1>They shouldn't be able to do that. Number one, it's

0:42:42.719 --> 0:42:45.960
<v Speaker 1>not fair, but it also puts an unfair burden on

0:42:46.000 --> 0:42:55.520
<v Speaker 1>the prosecutors that temptation to tilt the field towards them.

0:42:55.719 --> 0:42:58.279
<v Speaker 4>Don't forget to give us a fantastic review wherever you

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<v Speaker 4>get your podcasts. It really else And I'm a proud

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<v Speaker 4>donor to the Innocence Project, and I really hope you'll

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<v Speaker 4>join me in supporting this very important cause and helping

0:43:08.239 --> 0:43:12.160
<v Speaker 4>to prevent future wrongful convictions. Go to Innocenceproject dot org

0:43:12.320 --> 0:43:15.080
<v Speaker 4>to learn how to donate and get involved. I'd like

0:43:15.120 --> 0:43:18.080
<v Speaker 4>to thank our production team, Connor Hall and Kevin Wartis.

0:43:18.440 --> 0:43:20.720
<v Speaker 4>The music in the show is by three time OSCAR

0:43:20.760 --> 0:43:22.600
<v Speaker 4>nominated composer Jay Ralph.

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<v Speaker 2>Be sure to.

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<v Speaker 3>Follow us on Instagram at Wrongful Conviction and on Facebook

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<v Speaker 3>at Wrongful Conviction Podcast. Wrongful Conviction with Jason Flahm is

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<v Speaker 3>signal Company Number one