WEBVTT - #579 Jason Flom with Daniel Holtzclaw 0:00:05.280 --> 0:00:08.600 Hey, it's Connor Hall, senior producer for Wrongful Conviction with 0:00:08.640 --> 0:00:12.280 some more case updates and behind the scenes insights. And 0:00:12.400 --> 0:00:15.800 there's a case that began back in twenty fourteen. This 0:00:16.000 --> 0:00:19.360 is the summer after Trayvon Martin's killer was acquitted. And 0:00:19.400 --> 0:00:23.880 then you had Michael Brown and Ferguson Missouri, and simultaneously 0:00:24.000 --> 0:00:27.240 you had revelations about powerful men using their positions of 0:00:27.320 --> 0:00:31.000 power for sex. And in the midst of that June eighteenth, 0:00:31.120 --> 0:00:35.840 twenty fourteen, Oklahoma City police officer Daniel Holtzklaw pulled over 0:00:35.960 --> 0:00:39.840 a swerving automobile and found some empty pill bottles. Now 0:00:39.880 --> 0:00:45.080 following that interaction came accusations of sexual assault, importantly that 0:00:45.159 --> 0:00:49.120 were not corroborated by a rape kit. Additionally, the accuser 0:00:49.200 --> 0:00:52.880 described a different officer, and rather than reviewing the surveillance 0:00:52.920 --> 0:00:55.560 footage of the stop that occurred not in a quiet 0:00:55.640 --> 0:01:00.120 cul de sac but rather at a busy intersection, investigators 0:01:00.160 --> 0:01:03.480 took this opportunity to go fishing for other allegations against 0:01:03.600 --> 0:01:08.240 Daniel Holt's claw from specifically African American women with pending 0:01:08.280 --> 0:01:12.320 criminal charges, and they found twenty one others with similar 0:01:12.319 --> 0:01:15.839 complaints but were they about Daniel. One thing was for certain. 0:01:15.880 --> 0:01:19.440 This slew of stories looked like evidence of a serial 0:01:19.600 --> 0:01:22.600 rapist in blue. But right off the bat, eight of 0:01:22.640 --> 0:01:26.240 those stories were disregarded. Then thirteen went to trial and 0:01:26.319 --> 0:01:30.319 only eight led to convictions. Perhaps this was an instance 0:01:30.360 --> 0:01:33.840 where so much smoke must have meant fire, because even 0:01:33.880 --> 0:01:37.200 in these cases we see victims describing officers who were 0:01:37.200 --> 0:01:40.400 definitely not Daniel, as well as scenarios where Daniel could 0:01:40.480 --> 0:01:43.600 not have been present or there was some other dubious detail. 0:01:44.080 --> 0:01:47.319 Now we believe many of these allegations are credible, but 0:01:47.440 --> 0:01:50.880 that Daniel Holt's Claw just became a patsy for a 0:01:50.960 --> 0:01:54.160 jurisdiction that appears to be plagued by sexual violence at 0:01:54.160 --> 0:01:58.080 the hands of police, while the accusers received leniency in 0:01:58.080 --> 0:02:01.680 their pending charges for going along with the narrative. Since 0:02:01.720 --> 0:02:04.920 our coverage in twenty nineteen, all thirteen of those that 0:02:04.960 --> 0:02:07.200 went to trial brought a civil suit against the city, 0:02:07.320 --> 0:02:12.359 the detectives, and Daniel, which all came to interesting conclusions, 0:02:12.720 --> 0:02:17.480 including depositions that exonerated Daniel, as well as a paltry 0:02:17.560 --> 0:02:20.560 settlement from the city for the accusers. While the suit 0:02:20.560 --> 0:02:24.800 against Daniel got dropped, and perhaps after you hear this 0:02:24.880 --> 0:02:28.200 new edit, as well as some of that deposition audio, 0:02:28.520 --> 0:02:30.320 it might become more clear as to why. 0:02:32.480 --> 0:02:36.119 At two am on June eighteenth, twenty fourteen, Oklahoma City 0:02:36.120 --> 0:02:39.720 police officer Daniel Holsclaw finished up his shift. On his 0:02:39.760 --> 0:02:42.360 way home in his police cruiser, he pulled over fifty 0:02:42.440 --> 0:02:45.440 seven year old Jannyliggins for a traffic violation at a 0:02:45.440 --> 0:02:49.560 busy intersection where surveillance footage shows a normal traffic stop. 0:02:50.000 --> 0:02:53.639 Around three hours later, Mims Liggans filed the complaint, claiming 0:02:53.680 --> 0:02:57.200 that an officer forced her into oralsodomy. Her mouth swab 0:02:57.280 --> 0:02:59.959 came up empty for Daniel's DNA, as did his uniform 0:03:00.160 --> 0:03:04.840 for hers, but this allegation inexplicably launched an investigation focused 0:03:04.840 --> 0:03:07.400 on at risk African American women that Daniel had made 0:03:07.440 --> 0:03:12.000 contact with, bringing forth twenty one alleged victims, including one man. 0:03:12.680 --> 0:03:15.639 Daniel became a rallying cry for everyone who doesn't want 0:03:15.680 --> 0:03:19.320 to see any cop abusing their power or sexually assaulting women. 0:03:19.880 --> 0:03:22.640 It all seemed to fit a grim and growing narrative, 0:03:22.760 --> 0:03:27.840 and a media circus ensued. In this amazing and alarming episode, 0:03:27.960 --> 0:03:32.280 we will speak with Daniel's sister, Jennifer Holsklaw, biologist Erika Feusch, 0:03:32.440 --> 0:03:35.200 and will also take a phone call from an undisclosed 0:03:35.200 --> 0:03:39.440 correctional facility from former Oklahoma City police officer Daniel Holsklaw, 0:03:39.600 --> 0:03:42.080 who is currently serving a two hundred and sixty three 0:03:42.160 --> 0:03:45.440 year prison sentence in a maximum security prison under assumed 0:03:45.560 --> 0:03:50.960 name for crimes he did not commit. This is wrongful conviction. 0:04:02.480 --> 0:04:05.840 Welcome back to wrongful Conviction. Today we're going to be 0:04:05.840 --> 0:04:09.800 talking about the case of Daniel Holsklaw, a former police 0:04:09.800 --> 0:04:14.240 officer from Oklahoma City, wrongfully convicted. He's on the phone. 0:04:14.520 --> 0:04:17.280 So Daniel, I'm sorry you're here, but I'm glad you're 0:04:17.320 --> 0:04:17.960 on the phone. 0:04:18.240 --> 0:04:19.720 I appreciate having. 0:04:19.520 --> 0:04:22.919 Me on and my loved one. Letn't be able to 0:04:22.920 --> 0:04:25.680 have the opportunity and definitely big one about. 0:04:25.480 --> 0:04:29.080 It, express my indet Well, we hope to be part 0:04:29.160 --> 0:04:32.320 of the solution. And with us in the studio, we 0:04:32.480 --> 0:04:37.520 have two extraordinary women. One is a biologist, Erica Fusch. 0:04:37.800 --> 0:04:40.920 Welcome to the show, Thank you, Jason, and with her 0:04:41.400 --> 0:04:45.200 is one of the most persistent and brave women I've 0:04:45.240 --> 0:04:48.760 come across, the sister of Daniel. Jennifer's here and without you, 0:04:48.839 --> 0:04:50.560 I can honestly say this wouldn't be happening. 0:04:50.600 --> 0:04:51.880 Thank you for giving us the time. 0:04:52.000 --> 0:04:55.880 And this whole thing happened in twenty fourteen, which was 0:04:56.120 --> 0:04:59.560 a very fraught time, shall we say, a lot of 0:05:00.080 --> 0:05:04.719 traversy around Ferguson and other which you know continues to 0:05:04.760 --> 0:05:06.279 this day. Of course, the person to. 0:05:06.360 --> 0:05:09.120 What happened then, the Baltimore deal was going on there, 0:05:09.240 --> 0:05:11.760 so it was literally eye of the storm. 0:05:11.920 --> 0:05:15.680 It was rough, and this was a national news story, international, 0:05:15.680 --> 0:05:18.119 I guess right. And at the time, and I'm really 0:05:18.160 --> 0:05:19.960 sorry to say this, Daniel, but at the time that 0:05:20.040 --> 0:05:22.440 I saw had come across my screen, I was like, oh, well, 0:05:22.520 --> 0:05:25.200 I mean, okay, they got this guy, you know, like 0:05:25.760 --> 0:05:29.159 because the narrative was always the same and me, of 0:05:29.200 --> 0:05:32.560 all people should not have bought into it. But it 0:05:32.600 --> 0:05:37.120 was an inexorable barrage of information that was all one sided. 0:05:37.560 --> 0:05:41.000 And Daniel, your sister, your amazing sister, you know, wouldn't 0:05:41.080 --> 0:05:42.600 leave me alone. And at first I was like, can 0:05:42.600 --> 0:05:44.640 you leave me alone? And she was like, no, I can't. 0:05:44.880 --> 0:05:47.040 The reason why I'm so passionate about it is because 0:05:47.080 --> 0:05:50.240 when this first happened, it was definitely shocking to hear 0:05:50.560 --> 0:05:54.400 these allegations, especially the first one, and I wanted to 0:05:54.520 --> 0:05:57.680 know everything. I wanted to read all the transcript anything 0:05:57.720 --> 0:06:00.279 that I can get my hand on to see my 0:06:00.320 --> 0:06:04.000 brother have really done this, And everything that I've looked into, 0:06:04.120 --> 0:06:06.640 everything that I've read, not just because he's my brother, 0:06:06.720 --> 0:06:09.720 but just because the facts of everything that I put 0:06:09.720 --> 0:06:12.720 my hands on, nothing pointed to Daniel's guilt. If there 0:06:12.800 --> 0:06:16.520 was anything that proved or showed anything, I would back 0:06:16.520 --> 0:06:18.760 out and see, Daniel, you deserve every second being in 0:06:18.800 --> 0:06:21.800 prison forever doing this to a woman. And I haven't 0:06:21.839 --> 0:06:24.760 found one single thing that pointed me to say that 0:06:24.839 --> 0:06:26.880 Dale did any of the crimes that he has been 0:06:26.880 --> 0:06:27.400 convicted of. 0:06:27.600 --> 0:06:32.279 Daniel's case is a tragedy because our society's noblest desires 0:06:32.279 --> 0:06:35.840 to end racism and sexism and police brutality ended up 0:06:36.040 --> 0:06:38.120 convicting an innocent man and send into prison. 0:06:38.400 --> 0:06:40.159 And I will fight till the day I die to 0:06:40.200 --> 0:06:41.040 get my brother out. 0:06:41.440 --> 0:06:44.760 Nor Your courage is inspiring, and Daniel's saying for you. 0:06:45.760 --> 0:06:50.560 So this started when Janny Liggins. She was a woman 0:06:50.600 --> 0:06:53.760 that Daniel pulled over right, and Jenny, you've obviously been 0:06:53.800 --> 0:06:55.640 so deep in this ever since it happened. You want 0:06:55.680 --> 0:06:57.960 to walk us through this because it's really weird. Right. 0:06:58.040 --> 0:07:02.840 The video evidence doesn't matter. The descriptions don't match like 0:07:03.920 --> 0:07:04.640 what happened. 0:07:05.320 --> 0:07:07.479 So Danielle got off of work about two am, that 0:07:07.560 --> 0:07:10.000 was his normal shift. On his way home, not too 0:07:10.000 --> 0:07:12.360 far from the police department, he saw a car swerving, 0:07:12.560 --> 0:07:15.480 tenant windows limoed tint at two am. You can't see 0:07:15.520 --> 0:07:17.800 through those tenant windows. So it's not like Daniel targeted 0:07:17.920 --> 0:07:21.920 a woman driving. So he pulled over, questioned her. He 0:07:22.000 --> 0:07:24.600 had asked her if he could search her car. He 0:07:24.760 --> 0:07:28.720 brought her to his police vehicle and then he searched 0:07:28.760 --> 0:07:31.960 the car. He did say that he saw hydro codon 0:07:32.040 --> 0:07:34.840 bottles and then he did a whole search. Is there 0:07:34.840 --> 0:07:38.000 anything underneath your bra the class and shake and she 0:07:38.120 --> 0:07:41.680 did that looking for drugs, looking for drugs and any weapons. 0:07:41.840 --> 0:07:46.280 And everything that Daniel claimed had happened matched up to 0:07:46.680 --> 0:07:50.239 what Jannie Liggan said. Besides the sexual assault, Jennie Liggans 0:07:50.240 --> 0:07:51.800 claimed that when she was in the back of Daniel's 0:07:51.880 --> 0:07:55.640 vehicle that Dale made her perform oral sex right where 0:07:55.680 --> 0:07:57.520 he had pulled her over, and it was right on 0:07:57.600 --> 0:08:01.239 a busy intersection off of fiftieth in Lincoln in Oklahoma City. 0:08:01.640 --> 0:08:04.320 So it's not like Daniel pulled this person over on 0:08:04.720 --> 0:08:07.600 a side street. It was a busy intersection. There's a 0:08:07.640 --> 0:08:10.840 security video on YouTube right now that you can see 0:08:10.960 --> 0:08:14.680 the traffic stop, and you can't see everything. You can 0:08:14.720 --> 0:08:16.800 to see a police officer pulling her over. He had 0:08:16.800 --> 0:08:19.400 his lights on, he never turned his lights off. And 0:08:19.520 --> 0:08:23.440 Daniel let her go. And the following morning is when 0:08:23.520 --> 0:08:25.480 she made the claims about the sexual assault. 0:08:25.800 --> 0:08:29.000 A little later that morning, actually, I think, yeah, few hours, 0:08:29.200 --> 0:08:29.560 which is. 0:08:29.480 --> 0:08:32.480 A significant point, right because we have with us in 0:08:32.520 --> 0:08:36.240 the room, as I introduced you before, a respected biologist 0:08:36.640 --> 0:08:38.000 whose works in this field. 0:08:38.160 --> 0:08:41.640 What was important for me to see is that Jannie 0:08:41.679 --> 0:08:45.600 Liggins made claims that were not supported by the forensic evidence. 0:08:45.640 --> 0:08:48.240 She had a same kit done that morning and was 0:08:48.320 --> 0:08:51.640 interviewed by a female sex crimes detective and the same 0:08:51.760 --> 0:08:55.680 kit ultimately came back negative. There was no DNA from 0:08:55.800 --> 0:09:00.360 Daniel found around Janie's mouth and the swabs there. During 0:09:00.400 --> 0:09:04.720 the trial, the forensic analyst actually said unfortunately there was 0:09:04.760 --> 0:09:07.800 no DNA from Daniel, which showed her bias. Janie Wiggins 0:09:07.880 --> 0:09:10.480 had said that Daniel had placed his hands on the 0:09:10.520 --> 0:09:12.800 car and she had placed her hands on the patrol car, 0:09:12.960 --> 0:09:17.440 but fingerprint analysis and DNA was not found matching either 0:09:17.440 --> 0:09:20.160 of them on the car, so her descriptions did not 0:09:20.400 --> 0:09:23.520 match what was found with the forensic evidence. There was 0:09:23.559 --> 0:09:27.120 no forensic evidence supporting what she said happened. And later 0:09:27.200 --> 0:09:31.360 it was discovered after this stop that Daniel did. When 0:09:31.520 --> 0:09:36.079 Janie talked with the sex crimes detective Detective Davis, Janney 0:09:36.120 --> 0:09:39.000 disclosed that she had been smoking pot earlier that day, 0:09:39.160 --> 0:09:41.920 and she described the police officer as having blonde hair 0:09:42.400 --> 0:09:45.920 and being shorter. It just didn't match. 0:09:46.040 --> 0:09:48.440 Right, so Daniel, I mean, she must have been high 0:09:48.440 --> 0:09:52.840 as a kite, because if Daniel's blonde, then you know, 0:09:52.920 --> 0:09:55.520 I'm the Prime Minister of Egypt, you know what I mean? Like, 0:09:55.679 --> 0:09:58.679 he has dark hair obviously, and Shorty's six to two. 0:09:59.080 --> 0:10:01.400 So none of this stuff makes any sense. How could 0:10:01.400 --> 0:10:03.360 you get that wrong? You get a lot of things wrong, 0:10:03.400 --> 0:10:05.200 you can't get blonde to black hair wrong. 0:10:05.840 --> 0:10:11.280 And ultimately the detectives used Daniel's own police records, specifically 0:10:11.679 --> 0:10:15.040 looking for African American women he had stopped. He had 0:10:15.040 --> 0:10:19.600 criminal histories, and the detectives went and questioned over forty 0:10:19.760 --> 0:10:24.720 women fitting this profile and then got allegations from them 0:10:24.760 --> 0:10:27.160 to add to this initial allegation they had. 0:10:27.160 --> 0:10:29.080 So then they went fishing. 0:10:32.280 --> 0:10:34.040 Hello, this is detective days. 0:10:34.840 --> 0:10:37.360 I work in sex frunts and I've been working in 0:10:37.480 --> 0:10:41.320 some cases and I received a tip that you may 0:10:41.440 --> 0:10:44.280 have been sexually assaulted by a police officer. 0:10:44.640 --> 0:10:47.040 I just didn't think I've been clear on the phone. 0:10:46.760 --> 0:10:47.320 When we talked. 0:10:47.440 --> 0:10:49.160 Yea quite clear, But like I said, that's the only 0:10:49.200 --> 0:10:51.320 time that I had that happened to me. He exposed 0:10:51.320 --> 0:10:51.920 his stuff to me. 0:10:52.400 --> 0:10:53.400 That was a black officer. 0:10:54.040 --> 0:10:55.000 I've had to go to a. 0:10:54.960 --> 0:10:55.600 Lot of women. 0:10:56.240 --> 0:10:57.280 They didn't come forward. 0:10:57.440 --> 0:10:59.080 I've had to go find them. 0:10:59.440 --> 0:11:03.599 And Yeah, it's disturbing because the lieutenant who was in 0:11:03.720 --> 0:11:07.200 charge of the investigation specifically looked back through six months 0:11:07.240 --> 0:11:10.200 of Daniel's police records and created a list of the 0:11:10.240 --> 0:11:13.760 specifically African American women quote who had a drug history, 0:11:13.800 --> 0:11:17.880 prostitution history, or a significant criminal history whom Daniel had stopped. 0:11:17.960 --> 0:11:20.120 Why did they only question one race if they were 0:11:20.160 --> 0:11:22.600 really wanting to figure out if he's a serial rapist, 0:11:22.679 --> 0:11:24.160 why didn't the other races matter? 0:11:24.559 --> 0:11:28.680 So people presumed Daniel was guilty of racism, when in fact, 0:11:28.679 --> 0:11:33.040 it was the detectives who were targeting African American women 0:11:33.120 --> 0:11:37.199 at risk African American women, encouraging them to make allegations 0:11:37.240 --> 0:11:39.920 against Daniel as they were railroading Daniel right, and. 0:11:39.880 --> 0:11:42.840 They brought these women in and the videos are as 0:11:42.880 --> 0:11:45.760 troubling as the audience who's listening now probably thinks they 0:11:45.760 --> 0:11:48.440 are right. There's one who came in and said the 0:11:48.520 --> 0:11:51.360 seven times she was asked, did anything happen, and seven 0:11:51.360 --> 0:11:54.559 times she said no, And then eventually they got her 0:11:54.600 --> 0:11:55.560 to change her story. 0:11:56.160 --> 0:11:59.079 She then said that the only officer who'd been inappropriate 0:11:59.200 --> 0:12:02.000 was a black police officer several years ago who exposed 0:12:02.040 --> 0:12:04.920 himself to her, And then the detective kept on questioning, 0:12:04.960 --> 0:12:08.600 and ultimately this woman then claimed that Daniel had wanted 0:12:08.640 --> 0:12:11.360 her to lift up her bra. He didn't say anything, 0:12:11.360 --> 0:12:14.040 but she just did it, and that was the whole allegation. 0:12:14.280 --> 0:12:16.400 So I don't think that the detective reported that she 0:12:16.480 --> 0:12:19.839 actually accused a black police officer just jumped instead right 0:12:19.880 --> 0:12:23.120 ahead to saying that Daniel had done something right. 0:12:23.160 --> 0:12:26.120 And the number were just summarily dismissed because they were 0:12:26.160 --> 0:12:28.280 so ridiculous that they couldn't even take him to trial. 0:12:28.600 --> 0:12:31.440 Yeah, there were eight people who made allegations against Daniel, 0:12:31.480 --> 0:12:34.840 and those allegations were weeded out right away that never 0:12:34.880 --> 0:12:37.719 went to trial. And then the trial, there were thirteen allegations. 0:12:38.040 --> 0:12:40.960 Five of them led to acquittals, and the eight that 0:12:42.040 --> 0:12:45.400 ended up causing convictions had numerous problems in them, like 0:12:45.440 --> 0:12:47.720 one of the women saying that it was a shorter 0:12:47.800 --> 0:12:51.360 police officer who was black, a shade darker than her 0:12:51.400 --> 0:12:54.120 own skin color, and thee got the most number, yes, 0:12:54.520 --> 0:12:56.040 two years for her allegations. 0:12:56.240 --> 0:12:59.600 Right, so you were mistaken for a short black guy. 0:13:00.040 --> 0:13:03.000 And anyone who hasn't already seen pictures of Daniel take 0:13:03.040 --> 0:13:05.280 a look. I mean he as a linebacker and he's 0:13:05.320 --> 0:13:08.560 the six to two, very bulky guy who's Asian. I mean, 0:13:08.840 --> 0:13:11.920 this is not confusing, right, this is nuts. This is 0:13:11.960 --> 0:13:19.040 absolutely nuts. But with the sheer number of allegations seeming 0:13:19.200 --> 0:13:22.880 so overwhelming, it's kind of understandable how that could have 0:13:22.960 --> 0:13:26.280 continued to cast doubt on Daniel's innocence. After all, just 0:13:26.280 --> 0:13:29.360 because one allegation is doubtful does not disprove another, which 0:13:29.400 --> 0:13:30.920 is why we need to take a look at each 0:13:30.960 --> 0:13:34.160 allegation individually. I also want to be clear that we're 0:13:34.160 --> 0:13:36.760 not here to point at the alleged victim's life choices 0:13:36.840 --> 0:13:41.720 as evidence of credibility or lack thereof. Now, Initially twenty 0:13:41.840 --> 0:13:46.080 one accusers came forward, but eight were eliminated immediately as 0:13:46.160 --> 0:13:49.920 false allegations against Daniel. For example, one of them alleged 0:13:49.920 --> 0:13:52.199 that Daniel had used his position as a police officer 0:13:52.200 --> 0:13:54.360 to sexually assault her after he had been put on 0:13:54.400 --> 0:13:59.400 administrative leave. Others later admitted to lying, including Shenise Barksdale. 0:14:00.040 --> 0:14:01.360 He never touched you. 0:14:02.000 --> 0:14:05.600 Why as just felt bad for her and I just 0:14:05.760 --> 0:14:07.240 wanted to know right she wasn't. 0:14:07.200 --> 0:14:12.400 Only you feel bad for who? 0:14:12.640 --> 0:14:15.160 And you found out about her from one the Facebook. 0:14:18.880 --> 0:14:22.560 Five of the remaining thirteen accusations resulted in acquittal. For 0:14:22.640 --> 0:14:25.720 privacy protection, we will refer to each of these accusers 0:14:25.720 --> 0:14:29.960 as quote acquittal and a corresponding number acquittal. One told 0:14:30.000 --> 0:14:32.800 investigators about an alleged assault made by an officer in 0:14:32.840 --> 0:14:36.480 an area that Daniel had never patrolled. When investigators fed 0:14:36.480 --> 0:14:39.240 her details and a timeline to match Daniel's beat, she 0:14:39.360 --> 0:14:43.080 denied that story until getting arrested for unrelated drug charges, 0:14:43.200 --> 0:14:45.840 at which time she decided to agree to change her 0:14:45.880 --> 0:14:49.240 story to match the different location. Acquittal two claimed to 0:14:49.240 --> 0:14:52.280 have flashed officer holes law her breasts, thinking that was 0:14:52.320 --> 0:14:54.720 what he wanted, even though he had not requested it. 0:14:55.040 --> 0:14:59.480 She denied any inappropriate contact. Then she told investigators about 0:14:59.480 --> 0:15:02.720 an alleged in decent exposure by a black police officer. 0:15:03.600 --> 0:15:06.480 Acquittal three claimed that Daniel had raped her for twenty 0:15:06.520 --> 0:15:09.840 to thirty minutes and orally sodomized her through the unzipped 0:15:09.840 --> 0:15:12.840 fly of his pants. This alleged incident would have happened 0:15:12.920 --> 0:15:16.720 just hours before the Jennie Liggans traffic stop. However, there 0:15:16.800 --> 0:15:19.720 was no match to her DNA either, as well as 0:15:19.720 --> 0:15:22.880 no evidence of body fluid on Daniel's fly. She also 0:15:22.920 --> 0:15:25.320 said that her attacker had ticketed her one year prior. 0:15:25.880 --> 0:15:29.640 Daniel had never ticketed this woman. Acquittal four claimed that 0:15:29.720 --> 0:15:32.600 Daniel groped her breast, but described the alleged groper as 0:15:32.680 --> 0:15:36.480 quote part Hispanic and having quote slightly gray hair. She 0:15:36.560 --> 0:15:39.240 also testified in court that lying and giving false social 0:15:39.240 --> 0:15:44.080 security numbers to the police is appropriate behavior. Lastly, Daniel 0:15:44.120 --> 0:15:47.160 friended a message with Acquittal five on Facebook after an 0:15:47.200 --> 0:15:50.560 incident involving an overdose on PCP in which acquittal five 0:15:50.680 --> 0:15:54.520 disposed of the substance by eating a glass vial full 0:15:54.520 --> 0:15:58.080 of it. In fact, Daniel escorted her life saving ambulance 0:15:58.120 --> 0:16:01.200 ride to the hospital. In her police interview, she claimed 0:16:01.200 --> 0:16:04.160 that while she was recovering from that incident, Daniel allegedly 0:16:04.200 --> 0:16:06.880 forced her into oralsodomy while she was handcuffed to her 0:16:06.960 --> 0:16:09.600 bed in a busy hospital. This is what she said 0:16:09.680 --> 0:16:12.160 on her way out of that interview. So this is 0:16:12.240 --> 0:16:15.440 good evidence, Well you tell me, I. 0:16:15.440 --> 0:16:18.240 Think so, because I mean, even if he didn't like 0:16:18.520 --> 0:16:21.760 even right now about it, Letton, he filled in. 0:16:22.040 --> 0:16:26.920 And so all five of these allegations ended in acquittal 0:16:27.360 --> 0:16:31.240 of the original twenty one accusers. Eight allegations resulted in convictions, 0:16:31.360 --> 0:16:34.280 and we are going to now one by one examine 0:16:34.280 --> 0:16:37.560 the facts of each case. Again, for protection of privacy, 0:16:37.600 --> 0:16:40.800 we refer to all as conviction and a corresponding number. 0:16:41.280 --> 0:16:44.400 You're already aware of. Conviction one. Jenny Leggins, whom we 0:16:44.480 --> 0:16:48.560 covered earlier. Conviction two, alleged that Daniel had orally sodomized 0:16:48.560 --> 0:16:51.600 her near a public park, then transported her inside the 0:16:51.640 --> 0:16:54.680 public park by a closed school, and proceeded to rape 0:16:54.720 --> 0:16:57.240 her for five to ten minutes. This is how she 0:16:57.360 --> 0:16:58.400 described her attacker. 0:16:58.600 --> 0:17:04.959 Tell me your description him black man, muscular, muscular, So 0:17:05.040 --> 0:17:06.199 you think he's shorter than you. 0:17:06.720 --> 0:17:09.720 Yeah, okay, I'll tell you five eleven. 0:17:10.720 --> 0:17:12.160 What kind of car did he have? 0:17:12.520 --> 0:17:15.560 A black and white, black and white Corps, Oklahoma City 0:17:15.560 --> 0:17:16.480 Police Corps. 0:17:16.760 --> 0:17:19.160 Daniel also had made contact with her at some point 0:17:19.160 --> 0:17:21.280 near that old school in the public park, but when 0:17:21.320 --> 0:17:25.160 he did, his automatic vehicle locator or AVL, a GPS 0:17:25.160 --> 0:17:27.919 device attracts the movements of police cars, says that his 0:17:28.080 --> 0:17:31.080 car stopped for less than four minutes, not five to ten. 0:17:31.320 --> 0:17:34.440 He's also six two and half white, half Japanese, definitely 0:17:34.440 --> 0:17:37.560 not shorter than five to eleven, and definitely not black. 0:17:38.359 --> 0:17:41.000 Conviction three claimed that Daniel allowed her to drive under 0:17:41.000 --> 0:17:43.440 the influence while he followed her to her relative's house, 0:17:43.520 --> 0:17:45.520 at which point she alleged that he drove her to 0:17:45.560 --> 0:17:48.399 the end of the street and raped her. However, his 0:17:48.560 --> 0:17:52.280 AVL tells us that he never drove on that street. Further, 0:17:52.760 --> 0:17:55.199 the duration of the alleged rape changed from quote a 0:17:55.240 --> 0:17:58.159 long time to quote five to ten minutes, and then 0:17:58.200 --> 0:18:00.840 a trial to quote maybe about three minutes or so. 0:18:01.160 --> 0:18:03.280 But when she and Daniel did have an interaction, his 0:18:03.359 --> 0:18:06.040 AVL still would only allow for a window of less 0:18:06.080 --> 0:18:10.000 than three minutes for a possible attack. Conviction four alleged 0:18:10.000 --> 0:18:12.439 that when Daniel raped and orally sodomized her in her 0:18:12.520 --> 0:18:15.119 room in a house, that she wiped phlegm from that 0:18:15.280 --> 0:18:18.760 oral sodomy on a chair. The swab from the chair, however, 0:18:18.920 --> 0:18:22.120 revealed the DNA profile of a male that was not Daniel. 0:18:22.720 --> 0:18:25.760 Conviction five claimed that her alleged attacker drove the older 0:18:25.800 --> 0:18:29.680 model Oklahoma City PD Black and White. However, Daniel drove 0:18:29.720 --> 0:18:33.760 the newer all black Cruiser. Conviction six testified that her 0:18:33.760 --> 0:18:37.240 attacker was a tan color like someone from India, not dark, 0:18:37.400 --> 0:18:39.840 but not pale. She also claimed that he made her 0:18:39.840 --> 0:18:43.480 expose herself. However, a witness claimed that she was handcuffed 0:18:43.480 --> 0:18:46.760 at the start of their encounter. For Conviction seven, there's 0:18:46.880 --> 0:18:49.439 no DNA evans to speak of, but she did change 0:18:49.440 --> 0:18:53.720 her story several times. At first, an officer allegedly fondled 0:18:53.720 --> 0:18:57.040 her breast over her clothing, Then at a preliminary hearing, 0:18:57.080 --> 0:18:59.760 she claimed that the groping was skinned to skin contact. 0:19:00.480 --> 0:19:03.920 It was back to her over the clothing. Allegation Finally, 0:19:04.400 --> 0:19:07.880 the crux of the prosecution's case Conviction eight, a seventeen 0:19:07.920 --> 0:19:10.200 year old girl who claimed that Daniel pat searched her, 0:19:10.520 --> 0:19:13.240 inserted a finger in her vagina, and proceeded to rape 0:19:13.240 --> 0:19:15.560 her through the unzipped fly of his buckled pants on 0:19:15.640 --> 0:19:18.639 her mother's porch. This is what she had told her 0:19:18.680 --> 0:19:19.919 mother about their encounter. 0:19:20.359 --> 0:19:22.639 She said, I met this really hot cop. 0:19:23.080 --> 0:19:24.399 He told me I had a couple of. 0:19:24.480 --> 0:19:27.480 Want but he said, don't worry about it. She really 0:19:27.600 --> 0:19:28.920 nicely affect them. 0:19:33.359 --> 0:19:36.080 No body fluid was detected or observed on the fly 0:19:36.160 --> 0:19:39.800 of his pants. However, a microscopic trace amount of her 0:19:39.880 --> 0:19:43.160 DNA was found on his fly, along with DNA from 0:19:43.200 --> 0:19:46.880 at least two other individuals, including at least one unknown male, 0:19:47.160 --> 0:19:50.119 which goes to support the defense's theory that the presence 0:19:50.160 --> 0:19:52.920 of her DNA on his fly can be explained by 0:19:53.000 --> 0:19:57.120 secondary transfer transfer of DNA to objects or people through 0:19:57.160 --> 0:19:58.040 an intermediary. 0:20:02.240 --> 0:20:05.239 The main evidence in the case was DNA found on 0:20:05.280 --> 0:20:08.040 the fly of Daniel's pants, but the DNA evidence on 0:20:08.080 --> 0:20:11.439 the fly of the pants included no evidence of body fluid, 0:20:11.480 --> 0:20:14.360 and ultimately Daniel was accused of raping one woman through 0:20:14.400 --> 0:20:19.080 the unzipped fly of those buckled pants and there's no stains, 0:20:19.200 --> 0:20:22.680 no deposits on them at all, So that would make 0:20:22.720 --> 0:20:25.439 it very unlikely that there had been any kind of 0:20:25.440 --> 0:20:28.480 sexual assault to be able to give evidence. That's just 0:20:28.600 --> 0:20:32.320 a low quantity of DNA that matches most closely with 0:20:32.440 --> 0:20:34.119 indirect transfer of DNA. 0:20:34.440 --> 0:20:37.240 Is it possible for Daniel to have done these crimes 0:20:37.240 --> 0:20:40.280 and not left any trace of biological evidence anywhere? 0:20:40.440 --> 0:20:42.000 I would say very unlikely. 0:20:42.240 --> 0:20:47.760 This is so troubling because the idea that Daniel or 0:20:47.800 --> 0:20:52.000 anyone could be convicted of eight different crimes with the 0:20:52.080 --> 0:20:55.840 absence of any real biological evidence. And it takes you, 0:20:56.359 --> 0:21:00.560 coming from Iowa, an outsider, to come in and do 0:21:00.800 --> 0:21:03.800 the work that the forensic people should have and could 0:21:03.800 --> 0:21:06.240 have very easily done in the first place. The mistakes, 0:21:06.240 --> 0:21:07.920 there's so many mistakes that we don't have time to 0:21:07.960 --> 0:21:09.720 cover it on this show. I mean, I have a 0:21:09.760 --> 0:21:12.720 list of ninety five of them, right, and there's no 0:21:12.800 --> 0:21:14.800 way we could talk for hours that we wouldn't cover 0:21:14.880 --> 0:21:18.200 all of the mistakes that were made, both deliberate and 0:21:18.280 --> 0:21:21.840 sloppy mistakes. Right, But back to you. 0:21:22.200 --> 0:21:25.760 When I looked at the news about the case, which 0:21:25.800 --> 0:21:28.040 is how I found out about it. It was mentioning 0:21:28.080 --> 0:21:31.240 how the prosecutors were so proud to have gotten convictions 0:21:31.280 --> 0:21:34.520 on eight women's allegations based on a little bit of DNA. 0:21:35.080 --> 0:21:37.159 The more I looked, I saw there's no evidence of 0:21:37.359 --> 0:21:40.359 body fluids. And it turns out the forensic analysts just 0:21:40.400 --> 0:21:43.840 looked at the pants with the bright light and magnifying 0:21:43.880 --> 0:21:46.800 glass and saw there was no evidence of vaginal fluid 0:21:46.920 --> 0:21:49.639 or body fluid, and then went right to testing just 0:21:49.720 --> 0:21:51.640 the fly of the pants. She did not do any 0:21:51.640 --> 0:21:56.160 control tests on other places on Daniel's uniform pants and belts. 0:21:56.480 --> 0:21:59.080