WEBVTT - #589 Jason Flom with Tyrone Noling

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<v Speaker 1>This is difficult.

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<v Speaker 2>It's difficult cleaning for your life, especially.

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<v Speaker 3>When you haven't been hurt for a long time. I'm

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<v Speaker 3>an innocent person on Ohio's death row. I don't belong

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<v Speaker 3>here and I need help.

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<v Speaker 1>Now's the time.

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<v Speaker 4>Tyrone has been on death row in Ohio for over

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<v Speaker 4>30 years, where he remains to this day.

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<v Speaker 5>On August 25th, the Ohio Parole Board issued a recommendation

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<v Speaker 5>for executive clemency in the form of commutation from death

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<v Speaker 5>row to life, eligibility for parole. Two members of the

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<v Speaker 5>board opposed clemency. One member supported Tyrone's request for a

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<v Speaker 5>full pardon in his immediate release. We're encouraged that members

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<v Speaker 5>of the parole board agree that executive clemency is appropriate

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<v Speaker 5>and recognize the serious problems in Tyrone's case. We think

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<v Speaker 5>it's highly significant that the board member who actually voted

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<v Speaker 5>for a full pardon was a former prosecutor. Typically, former

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<v Speaker 5>prosecutors are among the most critical reviewers during the post-conviction

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<v Speaker 5>review process. The parole board makes a recommendation, but the

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<v Speaker 5>ultimate decision belongs to Governor DeLay. The governor is not

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<v Speaker 5>limited to the particular form of clemency recommended by a

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<v Speaker 5>majority of the parole board. Governor DeWine has the unique

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<v Speaker 5>authority here to look at all of the circumstances in

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<v Speaker 5>the case and the record that's existed for over 35 years.

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<v Speaker 5>He is not subject to the same time constraints and

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<v Speaker 5>restrictions that sometimes exist on the court, so he can

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<v Speaker 5>send Tyrone home a meet. We very much appreciate Governor

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<v Speaker 5>DeWine's consideration of that request.

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<v Speaker 3>I would just like to thank everybody involved And to

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<v Speaker 3>encourage them again.

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<v Speaker 1>Look into my case. To get involved. To be a

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<v Speaker 1>voice for me. Because I don't belong here.

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<v Speaker 3>I wish I could say more, but being in this

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<v Speaker 3>situation for this many years, you don't know what to

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<v Speaker 3>say anymore. You just want to go in a hole

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<v Speaker 3>and never come out.

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<v Speaker 1>But I'm going to keep fighting.

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<v Speaker 3>I hope that people will fight with me and for me.

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<v Speaker 4>Welcome back to Wrongful Conviction. This is a hard one,

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<v Speaker 4>even for me, because this is one of the most twisted, entangled, nonsensical,

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<v Speaker 4>and I'm going to say evil, wrongful convictions that I

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<v Speaker 4>know of. And of course, I'm referring to the case

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<v Speaker 4>of Tyrone Noling. Tyrone has been on death row in

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<v Speaker 4>Ohio for over 30 years. where he remains to this day.

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<v Speaker 4>And with us today to talk about the case is

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<v Speaker 4>a man who knows it like the back of his hand,

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<v Speaker 4>Brian Howe. Brian is an attorney with the Ohio Innocence Project.

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<v Speaker 4>So Brian, I'm glad you're here, but Jesus, this.

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<v Speaker 6>Is going to be a tough one. Thanks, Jason.

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<v Speaker 4>And Tyrone, I'm so glad you're here with us today,

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<v Speaker 4>even though I'm so very sorry because of the reason

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<v Speaker 4>why you're here and even more so because of where

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<v Speaker 4>you are.

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<v Speaker 1>Thank you.

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<v Speaker 4>So, Tyrone, let's start by going back to before everything

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<v Speaker 4>that's happened. What was your life like growing up?

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<v Speaker 2>I grew up in a small town outside of Canton, Ohio,

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<v Speaker 2>in Stark County called Alliance.

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<v Speaker 1>I grew up in a one-parent home with four other siblings.

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<v Speaker 1>And my childhood was like any other childhood. Did sports,

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<v Speaker 1>went to school.

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<v Speaker 2>And as I got older, I got in a little trouble.

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<v Speaker 2>But for the most part, life at home was pretty good.

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<v Speaker 2>Turned 18.

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<v Speaker 1>And I pretty much.

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<v Speaker 2>Found myself on my own, just hanging out with a

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<v Speaker 2>group of friends that I had grew up with.

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<v Speaker 4>And the group of friends that you mentioned here, you're

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<v Speaker 4>talking about Johnny Trandefer, Gary St. Clair, Joseph D'Alessandro, and

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<v Speaker 4>Butch Walcott. And the latter three all play a part

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<v Speaker 4>in this wrongful conviction. Now, you all were staying together

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<v Speaker 4>in the same house, right?

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<v Speaker 2>Yeah, I didn't really know Butch Walcott. I grew up

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<v Speaker 2>with Gary St. Clair and Joey D'Alessandro. We lived pretty

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<v Speaker 2>much in the same neighborhood and knew each other since kindergarten.

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<v Speaker 2>Gary's stepdad had an accident and the house became vacant.

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<v Speaker 1>So we all just started congregating there. We were just

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<v Speaker 1>hanging out.

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<v Speaker 2>We were doing dumb stuff, you know, bought pizza, chased girls,

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<v Speaker 2>stayed up late.

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<v Speaker 4>And Brian, I want to bring you back in here.

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<v Speaker 4>So like Tyrone says, he was getting into some trouble,

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<v Speaker 4>which is what leads to the connection with this crime, right?

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<v Speaker 6>Sure. I mean, the reason that Tyrone was on the

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<v Speaker 6>radar of investigators was that there were two burglaries that

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<v Speaker 6>happened the next county over that Tyrone was ultimately arrested

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<v Speaker 6>for and pleaded guilty to. And those robberies were what

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<v Speaker 6>made him a target in the Harding murder investigation to

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<v Speaker 6>begin with.

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<v Speaker 1>Right.

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<v Speaker 4>Tyrone and the other young men were involved in some burglaries.

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<v Speaker 4>And in one, he did have a gun that they

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<v Speaker 4>got from another robbery. And the gun went off accidentally

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<v Speaker 4>and shot directly into the floor. But Tyrone made sure

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<v Speaker 4>that no one was hurt before running away. I mean,

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<v Speaker 4>this is not a guy who was out to hurt anyone.

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<v Speaker 4>He was definitely doing some very dumb things, but not

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<v Speaker 4>a violent guy. And he was arrested for those robberies.

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<v Speaker 4>pled guilty, and ended up serving time in prison. And

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<v Speaker 4>that leads us up to this crime, which happens fatefully

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<v Speaker 4>around the same time. I'm talking about April 5th, 1990,

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<v Speaker 4>which is when Bernhardt and Cora Harding, both 81 years old,

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<v Speaker 4>were shot to death in their own home. From the

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<v Speaker 4>look of things, they had been doing some spring cleaning,

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<v Speaker 4>and they were shot while sitting at their dining room table.

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<v Speaker 4>This is in Atwater, Ohio, which is a rural town

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<v Speaker 4>in Portage County.

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<v Speaker 6>And if you don't know Atwater, Ohio, it's almost a

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<v Speaker 6>stretch to call it a town. The people who live

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<v Speaker 6>within a square mile of this, you could count on

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<v Speaker 6>your hands.

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<v Speaker 4>So let me set the stage. Saturday, April 7th, 1990,

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<v Speaker 4>at 6.15 p.m., Chief Detective Dwayne Cayley was notified by

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<v Speaker 4>dispatcher Kathy Rubino that Jim Rubino had called and reported

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<v Speaker 4>that there were two people laying on the kitchen floor

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<v Speaker 4>of the neighbor's house. Jim's mother, who had lived next

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<v Speaker 4>door to the Hardigs for 30 years, asked him to

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<v Speaker 4>go check on them when she noticed their garage had

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<v Speaker 4>been open with the lawnmower outside for almost three days.

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<v Speaker 4>There was no answer when he knocked on the door

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<v Speaker 4>and their car was in the garage. She looked inside

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<v Speaker 4>and saw the Hardigs laying on the kitchen floor. Now, 10.

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<v Speaker 4>25 caliber shell cases were found on the floor of

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<v Speaker 4>the Hardig home. Papers from the living room desk were

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<v Speaker 4>scattered around the room. Dresser drawers and jewelry boxes were

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<v Speaker 4>open and had been rifled through. At this point, Detective

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<v Speaker 4>Cayley reported that there didn't seem to be any signs

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<v Speaker 4>of struggle from the victims.

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<v Speaker 6>Mr.

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<v Speaker 4>Harding's wallet was in his pocket and the money was

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<v Speaker 4>still inside. So there was no forced entry found in

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<v Speaker 4>the house. And it seemed as if there had been

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<v Speaker 4>at least one other person sitting at the kitchen table.

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<v Speaker 4>You want to take it from here because this gets

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<v Speaker 4>weirder and weirder.

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<v Speaker 6>Sure. So it's not a usual occurrence in Atwater, Ohio

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<v Speaker 6>to have a double murder, especially 80 plus year old victims.

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<v Speaker 6>And so the sheriff's department began investigating. One of the

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<v Speaker 6>first leads that they had, and this is even as

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<v Speaker 6>they are processing the scene, they get a call from

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<v Speaker 6>a roller rink, maybe a couple of miles away. And

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<v Speaker 6>there is a person there saying that He lost a.

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<v Speaker 6>25 caliber pistol there on Friday night. He was looking

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<v Speaker 6>for it, trying to see if anyone had turned it in.

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<v Speaker 6>He was worried that some kids were going to find it.

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<v Speaker 6>And the person is a man named Dennis Van Steenburg

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<v Speaker 6>who lived in the area. Police investigate that, but while

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<v Speaker 6>they're doing that, leads are sort of pouring in, right?

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<v Speaker 6>This is a big deal in the county. It's a

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<v Speaker 6>big deal in the city. One of the tips they get, again,

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<v Speaker 6>almost right away, is from a high school student named

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<v Speaker 6>Nathan Chesley. And he says, that my foster brother told

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<v Speaker 6>me that he was the person who had killed the Hartigs.

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<v Speaker 6>And so police are investigating that lead as well.

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<v Speaker 1>Okay.

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<v Speaker 4>So right off the bat, they have some pretty strong

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<v Speaker 4>leads here, right? So what's going on with the first guy,

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<v Speaker 4>Dennis Van Steenburg?

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<v Speaker 6>They go talk to him. He says, well, yes, I

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<v Speaker 6>did have a 25. I don't know where it went.

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<v Speaker 6>It must have fallen out of my car or something

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<v Speaker 6>like that around the time of the murders. He said

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<v Speaker 6>he had found it. So The police check the pistol

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<v Speaker 6>to the ballistics of the rounds recovered from the scene,

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<v Speaker 6>and it's not a match. And so at that point,

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<v Speaker 6>the investigation into Van Steenburg sort of fades away. In

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<v Speaker 6>the meantime, the police have followed up on Nathan Chesley's tip.

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<v Speaker 6>They go to his house, which is a woman who

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<v Speaker 6>had fostered a lot of sort of troubled teens in

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<v Speaker 6>the area. It's less than a mile and a half

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<v Speaker 6>from the scene, and you remember Chesley There's not a

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<v Speaker 6>lot of people who live as close as Nathan Chesley

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<v Speaker 6>did to the victims in this case. And so the

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<v Speaker 6>police ask whether there's a foster brother around who they

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<v Speaker 6>can interview. And they're told there's a foster brother. He's

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<v Speaker 6>only 14 years old. And they eliminate this foster brother

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<v Speaker 6>pretty quickly. In the meantime, they also get a tip

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<v Speaker 6>from the neighboring county, Stark County. Stark County has been

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<v Speaker 6>investigating a series of break-ins where A group of teenagers

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<v Speaker 6>has been going to various houses saying, my car broke

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<v Speaker 6>down and I'd like to use your telephone. When they're

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<v Speaker 6>let inside the house, they then produce a shotgun and

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<v Speaker 6>what turns out to be a fake. 38 caliber revolver.

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<v Speaker 6>And they take various valuables, VCRs, jewelry, things like that.

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<v Speaker 6>And that turns out to be Tyrone Rowling and his co-defendants.

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<v Speaker 6>So Tyrone is arrested with his co-defendants and they find

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<v Speaker 6>a 25 caliber gun. So now it's very interesting to

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<v Speaker 6>the Porch County authorities. They test that one for ballistics,

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<v Speaker 6>and it turns out that it does not match the

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<v Speaker 6>one that was used in the crime.

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<v Speaker 4>I mean, there's no getting around that. So at this point,

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<v Speaker 4>the sheriff knows that these guys, Tyrone and his friends,

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<v Speaker 4>are not involved in the murders.

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<v Speaker 6>So at that point, the investigation sort of stalls out

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<v Speaker 6>for about a year. The detectives are facing pressure. They

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<v Speaker 6>come up with another lead. This time, they talk to

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<v Speaker 6>the Hartig's doctor, Dr. Canone, the week before the bodies

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<v Speaker 6>were found. Mr. Harding told Dr. Canone that he had

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<v Speaker 6>lent $ 10, 000 to an insurance salesman, that the insurance salesman

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<v Speaker 6>had failed to pay when the loan had come due

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<v Speaker 6>on April 1st, that something fishy was going on with

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<v Speaker 6>this loan and with the insurance salesman explanation for why

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<v Speaker 6>he refused to pay. And as soon as he got

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<v Speaker 6>off the phone with Dr. Canone, he was going to

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<v Speaker 6>go sort this out with the insurance salesman. The police

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<v Speaker 6>start to look at insurance salesman that the Hardings had

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<v Speaker 6>dealt with, and they find a man named Louis Lehman.

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<v Speaker 6>Lewis Lehman denies having taken out a loan, but he

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<v Speaker 6>was the insurance salesman for the Hardigs. And what's more,

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<v Speaker 6>he had a. 25 caliber pistol as well. Unlike the

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<v Speaker 6>other two pistols that the police have compared, they're able

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<v Speaker 6>to look up the make and model and see that

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<v Speaker 6>the pistol Lehman had was consistent with the general rifling

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<v Speaker 6>characteristics of the rounds that were found in the house.

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<v Speaker 6>They asked Lehman where his. 25 caliber pistol was. He said, well,

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<v Speaker 6>I must have sold it. I don't remember who bought it.

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<v Speaker 6>I don't remember when I sold it. And I'm done

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<v Speaker 6>answering questions from you all. He refused to take a

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<v Speaker 6>lie detector test and basically stopped talking to detectives. And

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<v Speaker 6>at that point, the investigation had basically completely stalled out.

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<v Speaker 4>So this lead with Lehman, I mean, if this was

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<v Speaker 4>a movie script, you'd say that this is it was

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<v Speaker 4>too obvious, right? What I'm trying to wrap my head

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<v Speaker 4>around here is this sounds like the investigators are just

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<v Speaker 4>bungling this at every stage. And we haven't even gotten

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<v Speaker 4>to one of the craziest leads. And that is this guy,

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<v Speaker 4>Dan Wilson.

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<v Speaker 6>That's right. Dan Wilson is arrested for a murder a

0:12:29.230 --> 0:12:33.069
<v Speaker 6>few counties over in northern Ohio. Dan had gotten drunk,

0:12:33.610 --> 0:12:36.070
<v Speaker 6>put a young woman that he'd met earlier that night

0:12:36.210 --> 0:12:39.559
<v Speaker 6>in the trunk of his car and set the car

0:12:39.600 --> 0:12:44.210
<v Speaker 6>on fire. This was very big news, and law enforcement

0:12:44.390 --> 0:12:49.989
<v Speaker 6>across Northeast Ohio started looking at Dan for basically every

0:12:50.050 --> 0:12:53.580
<v Speaker 6>unsolved murder that they had. That included the Portage County

0:12:53.600 --> 0:12:56.660
<v Speaker 6>Sheriff's Department. When they did that, they discovered something about

0:12:56.679 --> 0:13:00.240
<v Speaker 6>Dan Wilson that they'd missed earlier, and that is that

0:13:00.440 --> 0:13:05.040
<v Speaker 6>he was a foster brother of Nathan Chesley. very kid

0:13:05.100 --> 0:13:07.640
<v Speaker 6>who came to them the day after the murder and said,

0:13:07.679 --> 0:13:10.340
<v Speaker 6>my foster brother confessed to that. When the detectives followed

0:13:10.400 --> 0:13:13.500
<v Speaker 6>up on that, they never interviewed Nathan Chesley and eliminated

0:13:13.520 --> 0:13:16.620
<v Speaker 6>the wrong foster brother. They never connected the dots to

0:13:16.640 --> 0:13:20.010
<v Speaker 6>Dan Wilson. They never bothered to interview Nathan Chesley. And

0:13:20.090 --> 0:13:23.330
<v Speaker 6>so Dan Wilson, who lived within a mile of the

0:13:23.370 --> 0:13:27.130
<v Speaker 6>house and who police now believe is a serial killer,

0:13:27.830 --> 0:13:31.110
<v Speaker 6>was known to them almost immediately after the murder and

0:13:31.520 --> 0:13:33.140
<v Speaker 6>They let it slip through their fingers. He went on

0:13:33.160 --> 0:13:34.220
<v Speaker 6>to kill another woman.

0:13:49.770 --> 0:13:52.309
<v Speaker 4>This podcast is brought to you by Ohio Justice and

0:13:52.370 --> 0:13:55.610
<v Speaker 4>Policy Center, a nonprofit law firm that seeks justice for

0:13:55.650 --> 0:14:00.590
<v Speaker 4>people directly impacted by Ohio's criminal legal system. OJPC provides

0:14:00.750 --> 0:14:04.830
<v Speaker 4>free legal services to currently and formerly incarcerated people. Through

0:14:04.870 --> 0:14:09.089
<v Speaker 4>its Beyond Guilt project, OJPC works to free overpunished people

0:14:09.150 --> 0:14:13.530
<v Speaker 4>who have rehabilitated themselves. OJPC's Human Rights in Prison project

0:14:13.670 --> 0:14:17.069
<v Speaker 4>represents people who face denial of medical care. In its

0:14:17.090 --> 0:14:21.120
<v Speaker 4>25-year history, OJPC has worked at the policy level and

0:14:21.160 --> 0:14:24.900
<v Speaker 4>won numerous victories in Ohio, including ending juvenile life without

0:14:24.940 --> 0:14:29.080
<v Speaker 4>parole and exempting seriously mentally ill people from the death penalty.

0:14:29.540 --> 0:14:32.610
<v Speaker 4>To learn more about Ohio Justice and Policy Center and

0:14:32.660 --> 0:14:39.910
<v Speaker 4>how you can support its mission, visit OhioJPC.org. That's O-H-I-O-J-P-C

0:14:40.330 --> 0:14:44.470
<v Speaker 4>dot org. Ohio Justice and Policy Center. We don't write

0:14:44.510 --> 0:14:45.070
<v Speaker 4>people off.

0:14:53.430 --> 0:14:55.090
<v Speaker 6>You know, at the very least, I think it must

0:14:55.130 --> 0:14:58.050
<v Speaker 6>have been embarrassing to the office that they had this

0:14:58.150 --> 0:15:01.850
<v Speaker 6>tip within days of the murder, and they didn't realize

0:15:01.870 --> 0:15:05.210
<v Speaker 6>their mistake until Dan Wilson had committed another very high-profile murder.

0:15:05.750 --> 0:15:08.790
<v Speaker 6>Right at the same time that that's happening, someone gets

0:15:08.810 --> 0:15:12.610
<v Speaker 6>a call from a woman named Marlene Van Steenburg. She is,

0:15:12.630 --> 0:15:16.050
<v Speaker 6>I believe, the aunt of Dennis Van Steenburg, again, who

0:15:16.090 --> 0:15:18.030
<v Speaker 6>was the very first person who they'd looked at and

0:15:18.050 --> 0:15:20.750
<v Speaker 6>who they eliminated after he turned in his weapon. Well,

0:15:20.890 --> 0:15:24.710
<v Speaker 6>Marlene says that in those first days of the investigation,

0:15:25.610 --> 0:15:29.390
<v Speaker 6>Dennis's father had come over to their house and asked

0:15:29.500 --> 0:15:34.260
<v Speaker 6>his brother, who was Marlene's husband, if he could borrow his.

0:15:34.140 --> 0:15:38.260
<v Speaker 6>25 caliber pistol for a few weeks. And when Richard

0:15:38.320 --> 0:15:40.610
<v Speaker 6>Van Steenburg asked, why do you need my.

0:15:40.380 --> 0:15:40.840
<v Speaker 4>25?

0:15:40.840 --> 0:15:43.950
<v Speaker 6>The response was, well, Dennis had to get rid of

0:15:44.070 --> 0:15:46.990
<v Speaker 6>his because he was in some sort of trouble with

0:15:47.030 --> 0:15:50.230
<v Speaker 6>the police and he needed a different one to give

0:15:50.270 --> 0:15:53.930
<v Speaker 6>the police. And so they ultimately gave it to him.

0:15:54.650 --> 0:15:57.080
<v Speaker 6>And that was the weapon that was turned into the

0:15:57.100 --> 0:16:00.400
<v Speaker 6>police and eliminated. What's more, Marlene says that she called

0:16:00.460 --> 0:16:04.350
<v Speaker 6>the police to tell them this during that original investigation.

0:16:04.400 --> 0:16:07.570
<v Speaker 6>So the police should have been on notice that Dennis

0:16:07.590 --> 0:16:11.890
<v Speaker 6>Van Steenburg is turning in the wrong gun for comparison purposes,

0:16:12.670 --> 0:16:16.810
<v Speaker 6>and they still eliminated Van Steenburg as a suspect. So

0:16:17.310 --> 0:16:20.310
<v Speaker 6>those two things are happening right back to back. Dan

0:16:20.330 --> 0:16:23.050
<v Speaker 6>Wilson comes to light, and it comes to light that

0:16:23.070 --> 0:16:27.210
<v Speaker 6>they basically wasted a ballistic comparison on what they should

0:16:27.250 --> 0:16:29.670
<v Speaker 6>have known was the wrong gun for Dennis Van Steenburg.

0:16:30.410 --> 0:16:34.270
<v Speaker 4>So we have these incredibly powerful leads that should have

0:16:34.310 --> 0:16:36.770
<v Speaker 4>led them, not towards, but away from those four boys,

0:16:36.790 --> 0:16:39.660
<v Speaker 4>because there's no connection between these nefarious characters and the

0:16:39.700 --> 0:16:41.640
<v Speaker 4>four kids. What happens next?

0:16:42.040 --> 0:16:45.840
<v Speaker 6>So that is when the Portage County Prosecuting Attorney's Office

0:16:46.100 --> 0:16:49.540
<v Speaker 6>takes over the investigation, and they assign their own investigator

0:16:49.560 --> 0:16:52.000
<v Speaker 6>to the case, a man named Ron Craig.

0:16:52.810 --> 0:16:56.810
<v Speaker 4>Yes, Ron Craig. Let's not skip over this character. From

0:16:56.850 --> 0:17:03.380
<v Speaker 4>my understanding, he was known for his extremely aggressive interrogation techniques,

0:17:04.000 --> 0:17:08.000
<v Speaker 4>for playing fast and loose with the rules in order

0:17:08.080 --> 0:17:10.280
<v Speaker 4>to get results that he wanted.

0:17:10.520 --> 0:17:14.280
<v Speaker 6>That's right. Ron Craig was a person who the prosecuting

0:17:14.320 --> 0:17:18.920
<v Speaker 6>attorney's office turned to who could crack this case open

0:17:19.060 --> 0:17:23.919
<v Speaker 6>through aggressive interrogation. get results. That is what he was

0:17:23.940 --> 0:17:26.700
<v Speaker 6>known for at that time. If you look at where

0:17:26.720 --> 0:17:30.159
<v Speaker 6>the investigation was when they took it over, Dan Wilson

0:17:30.200 --> 0:17:32.510
<v Speaker 6>at that time was under indictment for murder. You could

0:17:32.550 --> 0:17:35.410
<v Speaker 6>not interview him without an attorney. Lewis Lehman at that

0:17:35.470 --> 0:17:39.110
<v Speaker 6>point was not cooperating. He had gotten an attorney as well.

0:17:39.369 --> 0:17:42.890
<v Speaker 6>Maybe the most logical place for Ron Craig to go

0:17:43.369 --> 0:17:46.050
<v Speaker 6>was back to these other four kids who had also

0:17:46.070 --> 0:17:50.030
<v Speaker 6>been eliminated through ballistics and try to see what he

0:17:50.070 --> 0:17:53.250
<v Speaker 6>could do in terms of interrogating them. And so he

0:17:53.310 --> 0:17:57.350
<v Speaker 6>started with Butch Wolcott, who was 16 years old at

0:17:57.369 --> 0:17:57.770
<v Speaker 6>the time.

0:17:58.850 --> 0:17:59.169
<v Speaker 2>Yeah.

0:17:59.510 --> 0:18:02.770
<v Speaker 4>And this part, it gets more and more disturbing because

0:18:02.810 --> 0:18:06.830
<v Speaker 4>they took these four young kids and with the very

0:18:06.890 --> 0:18:10.010
<v Speaker 4>real threat of the death penalty, they were able to

0:18:10.250 --> 0:18:15.270
<v Speaker 4>scare these kids and browbeat them into saying things that

0:18:15.310 --> 0:18:18.350
<v Speaker 4>they knew weren't true. Because they weren't there and they

0:18:18.369 --> 0:18:22.120
<v Speaker 4>didn't know anything. And basically, as in other false confession

0:18:22.160 --> 0:18:25.060
<v Speaker 4>cases or false eyewitness cases that we've seen over and

0:18:25.080 --> 0:18:28.379
<v Speaker 4>over again, they were fed the information by the police.

0:18:28.480 --> 0:18:31.700
<v Speaker 4>And then they were given basically a Sophie's choice. Either

0:18:31.740 --> 0:18:34.840
<v Speaker 4>you lie and implicate your friends or we are going

0:18:34.900 --> 0:18:37.940
<v Speaker 4>to send you to death row. Right. Am I missing anything?

0:18:38.720 --> 0:18:40.659
<v Speaker 6>No, and I mean, for Butch, if you read the

0:18:40.900 --> 0:18:43.860
<v Speaker 6>series of interrogations and statements that he makes, at least

0:18:44.240 --> 0:18:47.260
<v Speaker 6>my impression is that he was terrified, and it's clear

0:18:47.400 --> 0:18:51.050
<v Speaker 6>he's just trying to do his best. He continues to

0:18:51.090 --> 0:18:53.730
<v Speaker 6>insist he wasn't there. He had nothing to do with this.

0:18:54.270 --> 0:18:55.889
<v Speaker 6>He tells them everything they want to know about the

0:18:55.950 --> 0:18:58.690
<v Speaker 6>two robberies that happened in Stark County, but he says,

0:18:58.750 --> 0:19:01.560
<v Speaker 6>we never went to Portage County. We never went out

0:19:01.619 --> 0:19:04.880
<v Speaker 6>to Atwater. He doesn't know where it is, and that's

0:19:04.940 --> 0:19:07.760
<v Speaker 6>not an answer that Ron Craig is willing to accept.

0:19:08.130 --> 0:19:11.530
<v Speaker 6>So what they do is they send him to a

0:19:11.710 --> 0:19:16.790
<v Speaker 6>child psychologist who then puts Butch, the 16-year-old kid, under

0:19:16.869 --> 0:19:21.470
<v Speaker 6>hypnosis in order to recover what they allege are repressed

0:19:21.560 --> 0:19:25.060
<v Speaker 6>memories of the murder. And so under hypnosis, they would

0:19:25.100 --> 0:19:27.560
<v Speaker 6>ask things like, when did the murder take place? And

0:19:27.680 --> 0:19:30.240
<v Speaker 6>Butch would say, well, it was not quite dark, but

0:19:30.280 --> 0:19:32.359
<v Speaker 6>it was not quite light. I don't know, maybe somewhere

0:19:32.380 --> 0:19:34.879
<v Speaker 6>in between. I just don't remember. And he would give

0:19:34.960 --> 0:19:37.900
<v Speaker 6>answers like that to every question. And even the psychologist

0:19:37.920 --> 0:19:40.520
<v Speaker 6>at the time said, if we keep this up, he's

0:19:40.560 --> 0:19:43.270
<v Speaker 6>just going to say false things to try and make

0:19:43.390 --> 0:19:46.970
<v Speaker 6>the investigators happy because he's so terrified. But it didn't

0:19:47.030 --> 0:19:48.130
<v Speaker 6>stop it. Right.

0:19:48.190 --> 0:19:51.399
<v Speaker 4>And I want to also mention that this... detective, Ron Craig,

0:19:51.540 --> 0:19:55.119
<v Speaker 4>made sure to separate Butch from his father. This detective

0:19:55.240 --> 0:19:59.160
<v Speaker 4>pressured young Butch Walcott relentlessly, lying directly to the kid.

0:19:59.400 --> 0:19:59.740
<v Speaker 6>That's right.

0:19:59.900 --> 0:20:02.720
<v Speaker 4>That he had hard evidence implicating him, including a witness

0:20:02.800 --> 0:20:05.330
<v Speaker 4>and DNA matches, right? So, you know, you can imagine

0:20:05.350 --> 0:20:07.750
<v Speaker 4>what's going on in this poor kid's brain. where it's

0:20:07.770 --> 0:20:10.520
<v Speaker 4>just getting completely scrambled. He's just giving these answers that

0:20:10.540 --> 0:20:14.219
<v Speaker 4>don't make any sense. And let us not forget that

0:20:14.260 --> 0:20:18.500
<v Speaker 4>the tape recorder was only turned on when Walcott finally

0:20:18.580 --> 0:20:20.980
<v Speaker 4>made statements that had been fed to him that were

0:20:21.020 --> 0:20:24.219
<v Speaker 4>consistent with what they wanted to hear, right? That was

0:20:24.300 --> 0:20:28.700
<v Speaker 4>when he implicated the subject of our show today, Tyrone Knolling.

0:20:29.350 --> 0:20:33.430
<v Speaker 4>And then Craig turned to one of the other kids, D. Alessandro,

0:20:33.710 --> 0:20:36.470
<v Speaker 4>who said he knew nothing about the murderers. But his

0:20:36.609 --> 0:20:38.710
<v Speaker 4>own attorney convinced him and his family that he should

0:20:38.730 --> 0:20:40.580
<v Speaker 4>plea bargain to avoid the electric chair.

0:20:41.190 --> 0:20:43.800
<v Speaker 6>That's right. Yeah, I mean, once they can get Butch

0:20:44.000 --> 0:20:47.960
<v Speaker 6>Wolcott to come up with this story, the rest sort

0:20:48.000 --> 0:20:50.060
<v Speaker 6>of fall in line. At that point, they don't need

0:20:50.080 --> 0:20:52.960
<v Speaker 6>to go any further. Tyrone's the main target, and he's

0:20:53.000 --> 0:20:56.879
<v Speaker 6>indicted for aggravated murder with capital specifications. Okay.

0:20:57.100 --> 0:20:59.639
<v Speaker 4>In addition to the other guys, St. Clair pled guilty

0:20:59.680 --> 0:21:02.660
<v Speaker 4>to the Hardick murders as well, right? He had given

0:21:02.740 --> 0:21:05.530
<v Speaker 4>in to pressure from Detective Craig. as well as his

0:21:05.770 --> 0:21:10.970
<v Speaker 4>own attorneys and his family. And he was understandably scared

0:21:11.010 --> 0:21:13.810
<v Speaker 4>out of his mind about the death penalty. And then

0:21:13.910 --> 0:21:17.950
<v Speaker 4>Tyrone Knolling is indicted initially for the murders in 1993.

0:21:17.950 --> 0:21:22.160
<v Speaker 4>But this is when things get even weirder. In June 1993,

0:21:22.160 --> 0:21:26.419
<v Speaker 4>the court entered a null pros, which means that the

0:21:26.480 --> 0:21:30.300
<v Speaker 4>prosecutor or plaintiff states that they will no longer pursue

0:21:30.340 --> 0:21:34.010
<v Speaker 4>the matter. So they dismissed the case. The whole thing

0:21:34.030 --> 0:21:37.139
<v Speaker 4>should have wrapped up right there. That should have been it.

0:21:37.130 --> 0:21:39.800
<v Speaker 6>Well, that's right. And the reason that the case was

0:21:39.880 --> 0:21:44.280
<v Speaker 6>initially dismissed was that almost as soon as they had

0:21:44.400 --> 0:21:48.200
<v Speaker 6>made the deals, both Joey D'Alessandro and Gary St. Clair

0:21:48.300 --> 0:21:51.340
<v Speaker 6>started taking them back. You know, it's one thing under

0:21:51.380 --> 0:21:54.340
<v Speaker 6>a lot of pressure, under threats with deals being offered,

0:21:54.680 --> 0:21:57.140
<v Speaker 6>to sort of agree to it in the abstract under

0:21:57.180 --> 0:22:00.920
<v Speaker 6>that very immediate pressure. But as the court date actually approached,

0:22:01.340 --> 0:22:05.490
<v Speaker 6>D'Alessandro recanted. asserted their innocence. We had nothing to do

0:22:05.530 --> 0:22:09.310
<v Speaker 6>with this. And Gary St. Clair recanted in a prison interview, said,

0:22:09.710 --> 0:22:11.990
<v Speaker 6>we lied, we were pressured, we had nothing to do

0:22:12.010 --> 0:22:13.990
<v Speaker 6>with this. And at that point, I think the state

0:22:14.010 --> 0:22:16.410
<v Speaker 6>had no choice but to agree to dismiss the case.

0:22:17.400 --> 0:22:20.920
<v Speaker 4>And Tyrone, this all has to be so crazy because

0:22:20.940 --> 0:22:23.240
<v Speaker 4>you have your friends, these guys you've known most of

0:22:23.260 --> 0:22:26.180
<v Speaker 4>your life saying things about this crime that you know

0:22:26.240 --> 0:22:29.199
<v Speaker 4>you weren't a part of, but you're indicted for it.

0:22:29.770 --> 0:22:32.180
<v Speaker 4>And Then they dropped the charges.

0:22:32.520 --> 0:22:34.740
<v Speaker 1>You know, when they dropped charges against me, I didn't

0:22:34.790 --> 0:22:36.609
<v Speaker 1>see it coming. They offered a deal.

0:22:37.170 --> 0:22:39.590
<v Speaker 2>I took a lie detector test and it was placed

0:22:39.670 --> 0:22:43.910
<v Speaker 2>on the prosecutor's desk on that Friday. By Monday, they

0:22:43.930 --> 0:22:46.310
<v Speaker 2>were rushing me in the back of a courtroom with

0:22:46.369 --> 0:22:48.370
<v Speaker 2>a judge saying, you know, you need to cop out.

0:22:48.950 --> 0:22:50.830
<v Speaker 2>I don't want to sentence you to death. And I'm

0:22:50.890 --> 0:22:52.730
<v Speaker 2>pleading with them back there and I'm telling them I

0:22:52.770 --> 0:22:55.679
<v Speaker 2>didn't do this. And so they send me back and

0:22:55.720 --> 0:22:57.930
<v Speaker 2>I'm talking to my dad on the phone and crying

0:22:57.970 --> 0:22:59.330
<v Speaker 2>and I'm saying, I don't know what to do.

0:22:59.490 --> 0:23:01.770
<v Speaker 1>And my dad says, did you do this? And I said, no.

0:23:02.380 --> 0:23:05.260
<v Speaker 2>And he just said, well, then you stick to your guns.

0:23:05.320 --> 0:23:06.780
<v Speaker 2>And that's what I did, even though I knew the

0:23:06.859 --> 0:23:08.659
<v Speaker 2>odds were against me. So the next day I go

0:23:08.700 --> 0:23:11.859
<v Speaker 2>back into the courtroom and I stand up and the

0:23:11.900 --> 0:23:15.020
<v Speaker 2>judge says the prosecutor wants to say something and he

0:23:15.080 --> 0:23:16.600
<v Speaker 2>dismisses every charge against me.

0:23:16.920 --> 0:23:19.580
<v Speaker 1>And I can't even explain the feeling at that point.

0:23:19.700 --> 0:23:22.280
<v Speaker 1>I was happy. I wanted to cry. I wanted to yell.

0:23:22.400 --> 0:23:23.580
<v Speaker 1>I just wanted to get out of there.

0:23:24.540 --> 0:23:27.760
<v Speaker 4>I can't even imagine to have them trying to get

0:23:27.859 --> 0:23:31.240
<v Speaker 4>you to take a deal while they know their case

0:23:31.300 --> 0:23:34.640
<v Speaker 4>is falling apart, but they're still trying to force you

0:23:34.820 --> 0:23:38.280
<v Speaker 4>into it with the very real threat of death, of

0:23:38.300 --> 0:23:42.000
<v Speaker 4>the death penalty, and then to just drop it. It's

0:23:42.040 --> 0:23:46.300
<v Speaker 4>like you get dizzy from this, right? So what happened next?

0:23:46.800 --> 0:23:48.859
<v Speaker 1>For three years almost, I didn't hear nothing.

0:23:49.540 --> 0:23:52.060
<v Speaker 2>And then all of a sudden, a new prosecutor comes

0:23:52.180 --> 0:23:54.689
<v Speaker 2>in and Now they got Joey back on board once

0:23:54.730 --> 0:23:56.949
<v Speaker 2>he realizes all the time he's about to do on

0:23:56.990 --> 0:24:00.050
<v Speaker 2>other charges and decides that he's just going to make

0:24:00.109 --> 0:24:02.750
<v Speaker 2>up some stuff and remembers everything they want him to say.

0:24:02.770 --> 0:24:07.210
<v Speaker 2>And I'm being charged again. The nightmare happens once again.

0:24:07.770 --> 0:24:11.990
<v Speaker 4>Brian, what Tyrone is talking about here with the election

0:24:12.040 --> 0:24:15.320
<v Speaker 4>of the new prosecutor in Portage County and Joey D'Alessandro

0:24:15.359 --> 0:24:17.680
<v Speaker 4>coming back on, what's going on there?

0:24:18.940 --> 0:24:22.760
<v Speaker 6>Well, Joey at that point had been serving time on

0:24:22.780 --> 0:24:26.550
<v Speaker 6>an unrelated charge and was sort of unhappy with his

0:24:26.830 --> 0:24:31.190
<v Speaker 6>circumstances and his sentence. He reached back out and explored

0:24:31.210 --> 0:24:33.670
<v Speaker 6>the option of what would happen if he did go

0:24:33.810 --> 0:24:36.909
<v Speaker 6>back on his recantation and agree to cooperate, which he

0:24:36.970 --> 0:24:41.520
<v Speaker 6>ultimately agreed to do. That is what caused the state

0:24:41.600 --> 0:24:47.320
<v Speaker 6>to re-indict Tyrone Noling. And now with both Butch and

0:24:47.440 --> 0:24:50.400
<v Speaker 6>Joey D'Alessandro, they were ready to re-prosecute the case.

0:24:50.330 --> 0:24:54.250
<v Speaker 4>Because So Tyrone's trial begins in January of 1996, six

0:24:54.310 --> 0:24:58.800
<v Speaker 4>years after the crime, right? So Walcott, D'Alessandro, and St.

0:24:58.840 --> 0:25:01.620
<v Speaker 4>Clair were called as prosecution witnesses, but the former two

0:25:01.660 --> 0:25:07.140
<v Speaker 4>boys gave testimonies that were very inconsistent, unsignificant details, but

0:25:07.180 --> 0:25:11.520
<v Speaker 4>they nevertheless supported the state's narrative. They said that after

0:25:11.560 --> 0:25:14.840
<v Speaker 4>the second robbery in their Alliance, Ohio neighborhood, all four

0:25:14.900 --> 0:25:19.189
<v Speaker 4>boys allegedly drove to Atwater, where Tyrone allegedly chose the

0:25:19.230 --> 0:25:22.960
<v Speaker 4>house to rob. Once they were at the Harding house,

0:25:23.440 --> 0:25:27.310
<v Speaker 4>D'Alessandro or Walcott said they waited in the car while

0:25:27.430 --> 0:25:30.730
<v Speaker 4>Nolan and St. Clair allegedly went to the front door.

0:25:31.090 --> 0:25:35.250
<v Speaker 4>Sometime later, according to Walcott and D'Alessandro, Nolan and St.

0:25:35.310 --> 0:25:38.200
<v Speaker 4>Clair came running from the Harding house and got back

0:25:38.260 --> 0:25:43.820
<v Speaker 4>into the car. D'Alessandro testified that he allegedly smelled smoke

0:25:43.880 --> 0:25:47.860
<v Speaker 4>coming from Nolan's gun and that Walcott said he saw

0:25:47.900 --> 0:25:51.980
<v Speaker 4>the gun smoking. They also said that Nolan confessed to them.

0:25:52.520 --> 0:25:55.740
<v Speaker 4>So Tyrone, you're at trial and you see your friends,

0:25:55.820 --> 0:25:58.700
<v Speaker 4>they're telling these crazy lies. Can you take us back

0:25:58.770 --> 0:25:59.430
<v Speaker 4>to that moment?

0:26:00.030 --> 0:26:00.970
<v Speaker 1>It was unbelievable.

0:26:01.570 --> 0:26:03.810
<v Speaker 2>I've known these guys for all my life and for

0:26:03.850 --> 0:26:07.570
<v Speaker 2>them just to disregard my life and just sit up

0:26:07.609 --> 0:26:09.210
<v Speaker 2>there and they couldn't even look me in the face.

0:26:09.560 --> 0:26:12.220
<v Speaker 2>They just kept their eyes on the prosecutor and I

0:26:13.000 --> 0:26:14.139
<v Speaker 2>wanted to get up and scream.

0:26:14.240 --> 0:26:15.939
<v Speaker 1>I wanted to ask him, why are you doing this?

0:26:16.760 --> 0:26:19.619
<v Speaker 4>And so D'Alessandro and Walcott are saying these things, but St.

0:26:19.720 --> 0:26:23.919
<v Speaker 4>Clair decides not to lie for the state anymore. He

0:26:24.020 --> 0:26:28.800
<v Speaker 4>recanted his statement before trial and again, courageously did it

0:26:28.840 --> 0:26:32.649
<v Speaker 4>again on the stand. He denied going to Atwater and

0:26:32.710 --> 0:26:36.730
<v Speaker 4>committing the murders. And then he was declared a hostile witness.

0:26:36.890 --> 0:26:41.270
<v Speaker 4>And get this, the state read the entirety of his

0:26:41.430 --> 0:26:44.609
<v Speaker 4>prior statement to the jury and which when I was

0:26:44.670 --> 0:26:47.250
<v Speaker 4>reading about this case, I was like, how can that,

0:26:47.530 --> 0:26:51.649
<v Speaker 4>even for me, that seems beyond the pale. So, Brian,

0:26:51.840 --> 0:26:55.100
<v Speaker 4>what did the defense attorney say? I mean, what about

0:26:55.119 --> 0:26:55.940
<v Speaker 4>the other suspect?

0:26:56.140 --> 0:26:59.939
<v Speaker 6>Well, all of these plausible and I think likely alternate

0:26:59.980 --> 0:27:03.619
<v Speaker 6>suspects who the police had originally investigated and who the

0:27:03.660 --> 0:27:08.560
<v Speaker 6>police hadn't really excluded, none of those names came up

0:27:08.940 --> 0:27:10.460
<v Speaker 6>during Tyrone's original trial.

0:27:11.310 --> 0:27:11.450
<v Speaker 2>And.

0:27:12.109 --> 0:27:16.520
<v Speaker 6>It's plausible to believe that it's because that information wasn't

0:27:16.580 --> 0:27:18.840
<v Speaker 6>turned over to the defense at the time of trial.

0:27:19.340 --> 0:27:22.080
<v Speaker 6>There was only one theory ever presented to the jury

0:27:22.420 --> 0:27:25.020
<v Speaker 6>about who committed the crime. And there were problems with

0:27:25.040 --> 0:27:28.230
<v Speaker 6>that theory. There were holes in that theory. You remember the.

0:27:27.980 --> 0:27:30.669
<v Speaker 6>25 caliber gun that Tyrone and his friends had taken

0:27:30.770 --> 0:27:33.570
<v Speaker 6>in the prior robbery was still excluded. It was not

0:27:33.630 --> 0:27:35.790
<v Speaker 6>the murder weapon. And so they just had to come

0:27:35.830 --> 0:27:37.850
<v Speaker 6>up with another story about how they must have had

0:27:37.930 --> 0:27:41.040
<v Speaker 6>a second. 25 caliber gun. And they must have picked

0:27:41.060 --> 0:27:43.439
<v Speaker 6>it up somewhere. And then they got rid of it somewhere.

0:27:43.480 --> 0:27:46.119
<v Speaker 6>And there were things about this that didn't make sense.

0:27:46.700 --> 0:27:50.359
<v Speaker 6>But I think the community was still really hurt and

0:27:50.460 --> 0:27:54.740
<v Speaker 6>outraged by this murder. And they were only really given

0:27:55.040 --> 0:27:58.199
<v Speaker 6>one theory as to what happened. And despite the problems

0:27:58.220 --> 0:28:00.030
<v Speaker 6>in that theory, he was convicted.

0:28:01.130 --> 0:28:04.590
<v Speaker 4>So Tyrone, when the jury went out to deliberate, did

0:28:04.630 --> 0:28:06.830
<v Speaker 4>you have any hope at all that things were going

0:28:06.850 --> 0:28:07.710
<v Speaker 4>to go in your favor?

0:28:08.750 --> 0:28:11.510
<v Speaker 2>I always stayed optimistic, even though I knew the cards

0:28:11.550 --> 0:28:14.869
<v Speaker 2>were stacked against me. And I kind of remember when

0:28:14.890 --> 0:28:17.469
<v Speaker 2>they came and got me from the county jail, they

0:28:17.490 --> 0:28:19.690
<v Speaker 2>was taking me up the steps and they were lined

0:28:19.790 --> 0:28:21.389
<v Speaker 2>up with deputy sheriffs all the way up.

0:28:21.430 --> 0:28:24.760
<v Speaker 1>And that had never happened before. So my heart just

0:28:24.800 --> 0:28:25.710
<v Speaker 1>sank at that point.

0:28:25.859 --> 0:28:28.359
<v Speaker 2>And I remember being in the courtroom and the jury

0:28:28.400 --> 0:28:29.020
<v Speaker 2>coming in.

0:28:29.020 --> 0:28:31.580
<v Speaker 1>And one of the young ladies that was a juror,

0:28:31.700 --> 0:28:33.379
<v Speaker 1>she sat down and she looked at me and she

0:28:33.440 --> 0:28:53.190
<v Speaker 1>started crying. And I knew it was over then. I

0:28:53.210 --> 0:28:54.110
<v Speaker 1>was scared to death.

0:28:54.410 --> 0:28:57.380
<v Speaker 2>I'm about to go someplace that they say is the

0:28:57.390 --> 0:29:00.220
<v Speaker 2>worst of the worst. You're sentenced to death. You're sentenced

0:29:00.260 --> 0:29:04.040
<v Speaker 2>to die. People that have committed heinous crimes. I mean,

0:29:04.100 --> 0:29:06.740
<v Speaker 2>I'm still a young man. I don't know what to expect.

0:29:07.320 --> 0:29:09.570
<v Speaker 2>And I have no choice because they're going to take

0:29:09.590 --> 0:29:10.270
<v Speaker 2>me regardless.

0:29:10.900 --> 0:29:14.270
<v Speaker 4>So you have a good team of attorneys filing post-conviction motions,

0:29:14.330 --> 0:29:17.090
<v Speaker 4>but they were all denied. And it's important to mention

0:29:17.150 --> 0:29:21.390
<v Speaker 4>here that all of the prosecution's witnesses, all of them, Walcott, D'Alessandro,

0:29:21.430 --> 0:29:25.230
<v Speaker 4>and St. Clair, every single one of them has since

0:29:25.360 --> 0:29:31.580
<v Speaker 4>recanted their testimonies. Right? Then in 2006, the Ohio Innocence

0:29:31.600 --> 0:29:34.080
<v Speaker 4>Project took on your case. Can you tell us how

0:29:34.120 --> 0:29:34.840
<v Speaker 4>that came about?

0:29:35.620 --> 0:29:39.750
<v Speaker 2>Well, my investigator, Vicki Buckwalter was hired on and she

0:29:40.030 --> 0:29:42.430
<v Speaker 2>stayed with me after my conviction because she could not

0:29:42.470 --> 0:29:46.080
<v Speaker 2>believe what happened. She helped me contact people, write letters,

0:29:46.620 --> 0:29:49.640
<v Speaker 2>and we contacted the Innocence Project. It was kind of

0:29:49.680 --> 0:29:53.340
<v Speaker 2>weird because Mark Godsey showed up with a couple of

0:29:53.360 --> 0:29:55.920
<v Speaker 2>students and I thought I was just going there for

0:29:55.960 --> 0:29:58.760
<v Speaker 2>an attorney visit. I told him I thought he had

0:29:58.800 --> 0:30:01.190
<v Speaker 2>the wrong room. And then he proceeded to tell me

0:30:01.230 --> 0:30:03.740
<v Speaker 2>who he was. And I just sat down and I

0:30:03.780 --> 0:30:07.020
<v Speaker 2>felt a weight off my shoulders to finally, finally, someone's

0:30:07.040 --> 0:30:09.320
<v Speaker 2>going to help me. I have a lot of respect

0:30:09.380 --> 0:30:10.440
<v Speaker 2>and gratitude for them.

0:30:11.040 --> 0:30:14.200
<v Speaker 4>And in those ensuing 15 years, bringing us right up

0:30:14.220 --> 0:30:16.719
<v Speaker 4>to the present day, they found a ton of stuff

0:30:17.420 --> 0:30:19.720
<v Speaker 4>that made it seem like the doors of the prison

0:30:19.860 --> 0:30:22.700
<v Speaker 4>should have sprung open by now. And you should have

0:30:22.740 --> 0:30:26.030
<v Speaker 4>walked free right out into the sunshine. But of course you,

0:30:26.640 --> 0:30:29.500
<v Speaker 4>we know that that's not how the justice system works

0:30:29.540 --> 0:30:35.160
<v Speaker 4>in Ohio or, unfortunately, in the rest of our country. So, Brian,

0:30:35.180 --> 0:30:37.510
<v Speaker 4>can you tell us what the Ohio Innocence Project has

0:30:37.570 --> 0:30:39.170
<v Speaker 4>been doing to fight this case?

0:30:39.650 --> 0:30:43.430
<v Speaker 6>Originally, the Ohio Innocence Project was representing Tyrone just for

0:30:43.450 --> 0:30:45.590
<v Speaker 6>the purposes of trying to get DNA testing. There are

0:30:45.610 --> 0:30:49.490
<v Speaker 6>a few things that we know 100% were last touched

0:30:49.610 --> 0:30:52.050
<v Speaker 6>by the person who committed the crime, and that is

0:30:52.550 --> 0:30:55.110
<v Speaker 6>the 10 shell casings that were found at the scene

0:30:55.860 --> 0:30:58.950
<v Speaker 6>and the ring boxes and other items that the perpetrator

0:30:58.990 --> 0:31:01.690
<v Speaker 6>had rifled through after the crime or during the crime.

0:31:02.350 --> 0:31:06.390
<v Speaker 6>DNA technology today is sensitive enough to develop a profile

0:31:06.670 --> 0:31:10.270
<v Speaker 6>from even just a few human cells. And so the

0:31:10.350 --> 0:31:13.810
<v Speaker 6>hope was that if we were able to conduct DNA

0:31:13.870 --> 0:31:17.600
<v Speaker 6>testing on those items, that you would develop a clear profile.

0:31:18.000 --> 0:31:21.310
<v Speaker 6>And if that profile does not match Tyrone Noling's or

0:31:21.410 --> 0:31:23.370
<v Speaker 6>any one of his co-defendants, that's going to be very,

0:31:23.410 --> 0:31:27.290
<v Speaker 6>very strong evidence of his innocence. Unfortunately, we're not able

0:31:27.330 --> 0:31:29.990
<v Speaker 6>to convince a court to allow us to conduct that

0:31:30.050 --> 0:31:33.350
<v Speaker 6>DNA testing. And so to this day, that evidence has

0:31:33.410 --> 0:31:36.720
<v Speaker 6>not been tested. In the meantime, Tyrone's other attorneys had

0:31:36.840 --> 0:31:41.260
<v Speaker 6>filed a motion for new trial based on very specific

0:31:41.320 --> 0:31:44.560
<v Speaker 6>pieces of evidence that were uncovered at the end of

0:31:45.260 --> 0:31:49.020
<v Speaker 6>the original investigation by the Sheriff's Department specifically. First of all,

0:31:49.040 --> 0:31:54.770
<v Speaker 6>the Nathan Chesley tip, that was uncovered in Tyrone's co-defendant's files. Secondly,

0:31:55.050 --> 0:31:58.110
<v Speaker 6>the statement by Marlene Van Steenburg that the gun that

0:31:58.150 --> 0:32:00.390
<v Speaker 6>had been eliminated from Dennis Van Steenburg was not the

0:32:00.490 --> 0:32:02.250
<v Speaker 6>actual gun that he had on the night that the

0:32:02.270 --> 0:32:04.680
<v Speaker 6>murder may have taken place. And finally, it had been

0:32:04.760 --> 0:32:09.000
<v Speaker 6>known at the time that police had excluded Tyrone and

0:32:09.020 --> 0:32:12.739
<v Speaker 6>his friends from the cigarette butt using DNA testing. but

0:32:12.790 --> 0:32:15.870
<v Speaker 6>they had been concerned enough about Dan Wilson as a

0:32:15.910 --> 0:32:19.910
<v Speaker 6>suspect that they had tested Dan Wilson against that cigarette butt,

0:32:20.290 --> 0:32:23.710
<v Speaker 6>and he was not able to be excluded using prior

0:32:23.750 --> 0:32:27.490
<v Speaker 6>primitive technology. That was not turned over, we believe, to

0:32:27.530 --> 0:32:30.710
<v Speaker 6>the defense at the time of the original trial either. Now,

0:32:30.790 --> 0:32:34.690
<v Speaker 6>here today, we are still waiting for an opportunity to

0:32:34.800 --> 0:32:38.540
<v Speaker 6>fully examine the prosecutor's files, to fully examine the sheriff's files,

0:32:38.960 --> 0:32:41.580
<v Speaker 6>to try to see what if anything, was in these

0:32:41.620 --> 0:32:44.370
<v Speaker 6>files that was subject to disclosure back at the original

0:32:44.700 --> 0:32:46.350
<v Speaker 6>trial in 1995-1996.

0:32:47.770 --> 0:32:50.270
<v Speaker 4>Since we last spoke, Brian Howe and the Ohio Witnesses

0:32:50.310 --> 0:32:53.210
<v Speaker 4>Project have been fighting Tyrone's case by trying to prove

0:32:53.250 --> 0:32:56.510
<v Speaker 4>that compelling leads and evidence had been concealed from the

0:32:56.590 --> 0:33:00.860
<v Speaker 4>defense at trial, specifically the insurance salesman Lehman, the Nathan

0:33:00.900 --> 0:33:05.340
<v Speaker 4>Chesley tip, Marlene Van Steenburg, and Dennis Van Steenburg's actual gun.

0:33:05.820 --> 0:33:09.780
<v Speaker 4>and the fact that primitive DNA testing had excluded Tyrone

0:33:10.000 --> 0:33:13.820
<v Speaker 4>and his friends from the cigarette butt. Yet, an alternative suspect,

0:33:13.940 --> 0:33:17.760
<v Speaker 4>Dan Wilson, was not excluded by its serology. All of

0:33:17.800 --> 0:33:19.880
<v Speaker 4>this can be cleared up by access to the state's

0:33:19.940 --> 0:33:22.560
<v Speaker 4>file on this case, and with a procedural rule from

0:33:22.580 --> 0:33:27.440
<v Speaker 4>the Ohio Supreme Court, Rule 42, that took effect in 2017,

0:33:27.440 --> 0:33:30.370
<v Speaker 4>broad access to those files shall be granted in the

0:33:30.390 --> 0:33:34.250
<v Speaker 4>review of a capital case. And shortly after the original

0:33:34.290 --> 0:33:36.940
<v Speaker 4>release of this episode, there was an exciting development.

0:33:37.440 --> 0:33:37.660
<v Speaker 1>Right.

0:33:37.740 --> 0:33:41.000
<v Speaker 6>So in March of 2022, the 11th District Court of

0:33:41.040 --> 0:33:45.100
<v Speaker 6>Appeals did order that Tyrone be given access to the

0:33:45.120 --> 0:33:49.400
<v Speaker 6>state's file. We are today discussing with the state how

0:33:49.440 --> 0:33:52.510
<v Speaker 6>to move forward on the Rule 42 access. Specifically, there's

0:33:52.530 --> 0:33:54.930
<v Speaker 6>an issue about the extent to which the defense expert

0:33:55.130 --> 0:33:56.830
<v Speaker 6>is going to have access to the state's file.

0:33:57.170 --> 0:33:58.870
<v Speaker 4>So it's taken a year and a half of pushback

0:33:58.890 --> 0:34:01.170
<v Speaker 4>from the state to decide the conditions of the release

0:34:01.230 --> 0:34:02.120
<v Speaker 4>of these documents?

0:34:02.570 --> 0:34:05.530
<v Speaker 6>Yeah, and I think really more importantly, these requests were

0:34:05.550 --> 0:34:08.810
<v Speaker 6>in years ago. And in fact, the original remand order

0:34:08.830 --> 0:34:10.950
<v Speaker 6>that said the prosecutor's file should be turned over, I mean,

0:34:10.969 --> 0:34:15.819
<v Speaker 6>that was from 2014. It's, I think, frustrating how long

0:34:16.120 --> 0:34:19.800
<v Speaker 6>the process has taken. What he's asking for couldn't be

0:34:20.420 --> 0:34:23.259
<v Speaker 6>more reasonable. I mean, he's asking for documents that the

0:34:23.300 --> 0:34:25.400
<v Speaker 6>state says that they've already turned over to him once.

0:34:26.010 --> 0:34:28.029
<v Speaker 6>All of that being said, I mean, the state has

0:34:28.330 --> 0:34:32.210
<v Speaker 6>agreed to now cooperate and move forward with at least

0:34:32.250 --> 0:34:34.730
<v Speaker 6>part of the access that was requested and ordered by

0:34:34.750 --> 0:34:36.690
<v Speaker 6>the 11th District. So I think, you know, we're at

0:34:36.750 --> 0:34:38.390
<v Speaker 6>a stage now where progress is happening.

0:34:38.630 --> 0:34:41.430
<v Speaker 4>And maybe the pushback on the progress is telling. Because

0:34:41.469 --> 0:34:43.149
<v Speaker 4>if the state had turned over everything at the time

0:34:43.190 --> 0:34:46.870
<v Speaker 4>of trial, then why bother with the feet dragging here? Meanwhile,

0:34:46.950 --> 0:34:49.130
<v Speaker 4>he continues to sit on death row for a crime

0:34:49.170 --> 0:34:52.590
<v Speaker 4>for which DNA testing had excluded him and his friends.

0:34:52.890 --> 0:34:55.970
<v Speaker 6>They tested the cigarette butt. originally at the time of trial,

0:34:56.110 --> 0:34:59.069
<v Speaker 6>and Tyrone and all of his co-defendants were excluded from

0:34:59.090 --> 0:35:02.380
<v Speaker 6>the cigarette butt. They knew at the time that Dan

0:35:02.430 --> 0:35:05.940
<v Speaker 6>Wilson was a possible contributor, at least had a consistent

0:35:05.980 --> 0:35:10.040
<v Speaker 6>blood type, and decided not, apparently, to seek additional testing

0:35:10.360 --> 0:35:12.940
<v Speaker 6>with him at the time of trial. And we believe

0:35:13.060 --> 0:35:16.890
<v Speaker 6>the idea that Dan Wilson was even a possible contributor

0:35:16.950 --> 0:35:18.820
<v Speaker 6>to the saliva on the cigarette butt was covered up,

0:35:19.090 --> 0:35:21.830
<v Speaker 6>or at least not disclosed to Tyrone's defense attorneys at

0:35:21.850 --> 0:35:22.390
<v Speaker 6>the time of trial.

0:35:22.840 --> 0:35:26.049
<v Speaker 4>How this even went to trial, let alone continues, is

0:35:26.160 --> 0:35:29.370
<v Speaker 4>totally beyond me. The only evidence against him were the

0:35:29.430 --> 0:35:32.549
<v Speaker 4>coerced words of his co-defendants, who were fearing for their

0:35:32.670 --> 0:35:36.450
<v Speaker 4>own lives in the face of the death penalty. And, yep,

0:35:36.550 --> 0:35:39.230
<v Speaker 4>you guessed it, all of those guys have since recanted.

0:35:40.190 --> 0:35:43.799
<v Speaker 4>While this battle for clarity about this wrongful conviction rages on,

0:35:44.320 --> 0:35:47.839
<v Speaker 4>we will return now to the episode as it ended

0:35:47.940 --> 0:35:52.399
<v Speaker 4>in December 2021, with Tyrone still in the same freaking cell.

0:35:53.000 --> 0:35:56.660
<v Speaker 4>as we continue to hope against hope that Brian and

0:35:56.680 --> 0:36:00.530
<v Speaker 4>the Ohio Innocence Project's efforts win Tyrone a new trial.

0:36:02.770 --> 0:36:05.810
<v Speaker 6>If he were to get a fair trial today with

0:36:05.969 --> 0:36:07.890
<v Speaker 6>all of the evidence that we know in front of

0:36:07.930 --> 0:36:11.570
<v Speaker 6>a jury, there's no chance that he would be convicted.

0:36:11.590 --> 0:36:15.140
<v Speaker 6>And to be in a world where this is all

0:36:15.200 --> 0:36:18.120
<v Speaker 6>sort of continuing to happen, it's continuing to advance in

0:36:18.160 --> 0:36:22.529
<v Speaker 6>slow motion, I mean, it's surreal. Certainly, Our hope is

0:36:22.810 --> 0:36:27.790
<v Speaker 6>that he is successful in his current post-conviction litigation, that

0:36:27.810 --> 0:36:31.570
<v Speaker 6>we're able to put this evidence finally in front of

0:36:31.610 --> 0:36:34.390
<v Speaker 6>a jury and give him a fair day in court.

0:36:34.770 --> 0:36:38.069
<v Speaker 4>Amen to that. And Tyrone, for our audience listening today,

0:36:38.469 --> 0:36:41.460
<v Speaker 4>for someone who wants to see you have that fair shot,

0:36:41.680 --> 0:36:44.020
<v Speaker 4>which I'm sure everyone in our audience does, and who

0:36:44.080 --> 0:36:46.940
<v Speaker 4>wants to help and to get involved with righting this wrong,

0:36:47.380 --> 0:36:50.400
<v Speaker 4>is there something that you'd like to ask them to do.

0:36:50.920 --> 0:36:53.040
<v Speaker 2>I would encourage them to reach out to our governor,

0:36:53.320 --> 0:36:56.419
<v Speaker 2>to reach out to state and local politicians.

0:36:56.780 --> 0:36:58.180
<v Speaker 1>I would ask them to be a voice.

0:36:58.640 --> 0:37:01.620
<v Speaker 2>Somebody out there knows something and they can go to

0:37:01.640 --> 0:37:05.360
<v Speaker 2>TyroneNoling.com or they can get a hold of the Cincinnati

0:37:05.380 --> 0:37:08.319
<v Speaker 2>Innocence Project if they're willing to help or to be

0:37:08.360 --> 0:37:10.300
<v Speaker 2>a voice because I need a voice.

0:37:10.840 --> 0:37:12.300
<v Speaker 1>I need that more than anything.

0:37:13.510 --> 0:37:17.109
<v Speaker 4>Yeah, we'll definitely have TyroneNoling.com linked in our bio. So

0:37:17.290 --> 0:37:19.870
<v Speaker 4>please go there and learn what steps you can take

0:37:19.910 --> 0:37:21.950
<v Speaker 4>to help. And I also want to mention there's a

0:37:22.010 --> 0:37:25.710
<v Speaker 4>TV docuseries called Death Row Stories that did a piece

0:37:25.770 --> 0:37:27.930
<v Speaker 4>on this case last year called The Lost Boy, which

0:37:27.989 --> 0:37:31.730
<v Speaker 4>shows a very powerful case for the actual innocence of Tyrone.

0:37:32.489 --> 0:37:36.529
<v Speaker 4>And with that, we turn now. to Closing Arguments. This

0:37:36.590 --> 0:37:38.650
<v Speaker 4>is the part of our show where I thank you,

0:37:38.890 --> 0:37:42.800
<v Speaker 4>Tyrone Noling, for just being with us today, sharing your story,

0:37:43.070 --> 0:37:46.759
<v Speaker 4>and also Brian Howe for fighting tirelessly. So again, thank

0:37:46.780 --> 0:37:48.739
<v Speaker 4>you for doing what you're doing and for being here

0:37:48.940 --> 0:37:51.200
<v Speaker 4>and sharing this awful story with our audience. And now

0:37:51.280 --> 0:37:53.799
<v Speaker 4>Closing Arguments works just like this. I'll kick back in

0:37:53.840 --> 0:37:56.930
<v Speaker 4>my chair, turn my microphone off, leave my headphones on,

0:37:57.010 --> 0:38:00.570
<v Speaker 4>close my eyes, and just listen to any final thoughts

0:38:00.590 --> 0:38:03.160
<v Speaker 4>you want to share. So Brian Howe, Why don't you

0:38:03.219 --> 0:38:05.650
<v Speaker 4>go first and we'll save the best for last. And that's,

0:38:05.910 --> 0:38:09.390
<v Speaker 4>of course, that's you, Tyrone. So, Brian, closing arguments.

0:38:10.130 --> 0:38:12.750
<v Speaker 6>Well, you know, first let me thank you, Jason, for

0:38:12.790 --> 0:38:14.850
<v Speaker 6>what you all are doing here. As surreal as it

0:38:14.890 --> 0:38:18.180
<v Speaker 6>sometimes seems that this is still happening, it feels good

0:38:18.520 --> 0:38:22.260
<v Speaker 6>to know that people care, that people are paying attention.

0:38:22.480 --> 0:38:25.259
<v Speaker 6>It feels good to know that there are people who

0:38:25.300 --> 0:38:27.780
<v Speaker 6>care about what's happening in this case and what's happening

0:38:27.820 --> 0:38:33.560
<v Speaker 6>to Tyrone. Again, our hope is... that people understand what's happening,

0:38:33.739 --> 0:38:36.540
<v Speaker 6>that Tyrone get a fair day in court. And the

0:38:36.580 --> 0:38:39.860
<v Speaker 6>other thing is that the fact that Tyrone is innocent,

0:38:39.900 --> 0:38:43.160
<v Speaker 6>which I'm personally 100% convinced of, I'm not familiar with

0:38:43.320 --> 0:38:46.089
<v Speaker 6>every death row case in the country, but I wouldn't

0:38:46.130 --> 0:38:48.650
<v Speaker 6>be surprised if he were the strongest case of innocence

0:38:48.710 --> 0:38:51.330
<v Speaker 6>of anyone currently on death row. That means that there's

0:38:51.390 --> 0:38:55.649
<v Speaker 6>someone who is responsible for this crime that was never

0:38:56.050 --> 0:38:58.710
<v Speaker 6>brought to justice. And it means that there could be

0:38:58.790 --> 0:39:02.190
<v Speaker 6>someone out there right now who knows something that may have,

0:39:02.350 --> 0:39:05.680
<v Speaker 6>for whatever reason, not wanted to come forward, not wanted

0:39:05.700 --> 0:39:09.440
<v Speaker 6>to get involved. I really, truly hope that that person

0:39:09.500 --> 0:39:12.339
<v Speaker 6>is out there and that they will reach out and

0:39:12.400 --> 0:39:14.600
<v Speaker 6>come forward with any information that they might have about

0:39:14.620 --> 0:39:17.600
<v Speaker 6>the Harding murders. There is a man's life on the line,

0:39:17.780 --> 0:39:22.480
<v Speaker 6>an innocent man. And if people have information, I truly,

0:39:22.520 --> 0:39:25.140
<v Speaker 6>truly hope that they'll come forward with it and allow

0:39:25.180 --> 0:39:26.040
<v Speaker 6>it to be raised and.

0:39:25.969 --> 0:39:26.750
<v Speaker 1>Brought before the court.

0:39:27.660 --> 0:39:29.049
<v Speaker 4>And now over to you, Tyrone.

0:39:29.760 --> 0:39:32.530
<v Speaker 2>Well, I would like to first thank you. And again,

0:39:32.550 --> 0:39:36.290
<v Speaker 2>I think the most important thing here is a voice.

0:39:36.870 --> 0:39:39.610
<v Speaker 2>I'm an innocent person on Ohio's death row and I

0:39:39.650 --> 0:39:41.410
<v Speaker 2>don't belong here and I need help.

0:39:42.090 --> 0:39:42.910
<v Speaker 1>Now's the time.

0:39:43.760 --> 0:39:47.860
<v Speaker 2>This is difficult. It's difficult cleaning for your life, especially

0:39:47.880 --> 0:39:50.680
<v Speaker 2>when you haven't been heard for a long time. So

0:39:51.180 --> 0:39:54.200
<v Speaker 2>I would just like to thank everybody and to encourage

0:39:54.219 --> 0:39:58.140
<v Speaker 2>them again to look into my case, to get involved,

0:39:58.700 --> 0:40:00.390
<v Speaker 2>to be a voice for me and to.

0:40:00.370 --> 0:40:03.610
<v Speaker 1>Help me get out of here because I'm innocent. I

0:40:03.650 --> 0:40:04.469
<v Speaker 1>don't want to be here.

0:40:04.890 --> 0:40:05.650
<v Speaker 6>So please.

0:40:11.860 --> 0:40:14.900
<v Speaker 4>Thank you for listening to Wrongful Conviction. I'd like to

0:40:14.960 --> 0:40:18.710
<v Speaker 4>thank our production team, Conor Hall, Justin Golden, Jeff Clyburn,

0:40:18.750 --> 0:40:22.190
<v Speaker 4>and Kevin Wardus, with research by Lila Robinson. The music

0:40:22.210 --> 0:40:26.049
<v Speaker 4>in this production was supplied by three-time Oscar-nominated composer J. Ralph.

0:40:26.440 --> 0:40:29.980
<v Speaker 4>Be sure to follow us on Instagram at Wrongful Conviction,

0:40:30.219 --> 0:40:33.910
<v Speaker 4>on Facebook at Wrongful Conviction Podcast, and on Twitter at

0:40:33.989 --> 0:40:37.130
<v Speaker 4>Wrong Conviction, as well as at Lava for Good on

0:40:37.250 --> 0:40:40.129
<v Speaker 4>all three platforms. You can also follow me on both

0:40:40.210 --> 0:40:44.420
<v Speaker 4>TikTok and Instagram at It's Jason Flom. Wrongful Conviction is

0:40:44.460 --> 0:40:47.200
<v Speaker 4>a production of Lava for Good Podcast in association with

0:40:47.260 --> 0:40:48.140
<v Speaker 4>Signal Company No. 1.