WEBVTT - #108 Jason Flom with Clemente Aguirre

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<v Speaker 1>Clemente Shorty Aguire grew up in Honduras, but in two

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<v Speaker 1>thousand and one, when rival street gangs demanded that he

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<v Speaker 1>pick aside or die, he found himself with no choice

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<v Speaker 1>but to run. He escaped to the United States, crossing

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<v Speaker 1>our southern border illegally, and ultimately he found work as

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<v Speaker 1>a cook, living in Seminole County, Florida, in a trailer park,

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<v Speaker 1>where he formed friendly ties with various neighbors. But on

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<v Speaker 1>June seventeenth of two thousand and four, Shorty was hanging

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<v Speaker 1>out into the wee hours of the morning when he

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<v Speaker 1>went to his friend Cheryl Williams's trailer to grab a beer,

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<v Speaker 1>and there he found himself inside of a gruesome crime scene.

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<v Speaker 1>The trailer had been ransacked and was covered in blood.

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<v Speaker 1>Cheryl and her mother Carol had been stabbed repeatedly and

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<v Speaker 1>were dead. He checked the bodies for signs of life,

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<v Speaker 1>thereby inadvertently tampering with the crime scene. Knowing that nothing

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<v Speaker 1>would bring them back, and fearing deportation or worse, he

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<v Speaker 1>chose to stay quiet initially, but later that day Clemente

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<v Speaker 1>came forward about his discovery his immigration status. An unwitting

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<v Speaker 1>crime scene tampering made him a prime suspect, and with

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<v Speaker 1>the deadly combination of an ineffective public defender and the

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<v Speaker 1>prosecution's tunnel vision, Clemente was convicted and sent to death row.

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<v Speaker 1>In this episode, recorded at the Innocent Network conference in Atlanta,

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<v Speaker 1>we speak with Clemente, Shortia Giri, and one of his

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<v Speaker 1>lead post conviction attorneys, Maria Deliberado, who, along with a

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<v Speaker 1>list of mostly pro bono private council would properly reinvestigate

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<v Speaker 1>the crime and test the one hundred and ninety seven

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<v Speaker 1>pieces of crime scene evidence that had never been tested

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<v Speaker 1>for DNA, ultimately excluding Clemente. They even found new evidence

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<v Speaker 1>that would lead to the identity of the woman who

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<v Speaker 1>was almost certainly the true perpetrator and who confessed to

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<v Speaker 1>the crime on numerous occasions. Cheryl's own daughter, Samantha Williams.

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<v Speaker 1>Shorty spent over fourteen long years in prison, most of

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<v Speaker 1>it on death row, for a crime he simply did

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<v Speaker 1>not commit. This is wrongful conviction. Welcome back to Wrongful Conviction.

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<v Speaker 1>Today's show is going to take you on a journey

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<v Speaker 1>that you will probably never forget, and not because of

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<v Speaker 1>anything I'm going to say, but because of the story

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<v Speaker 1>you're going to hear. And today we have as our

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<v Speaker 1>very special guest, Clemente aka Shorty Agia from Honduras, right,

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<v Speaker 1>who was wrongfully convicted in Florida the double murder and

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<v Speaker 1>who served fourteen years and four months on death row. Shorty,

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<v Speaker 1>welcome to Wraful Conviction.

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<v Speaker 2>Thank you for having me.

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<v Speaker 1>As I always say, I'm sorry you're here, but I'm

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<v Speaker 1>happy you're here. So you know how that goes, and

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<v Speaker 1>with him is one of his incredible we'll just call

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<v Speaker 1>it what it is, dream team of lawyers, Maria Deliberado,

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<v Speaker 1>which is a great name for lawyer, by the way,

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<v Speaker 1>not for nothing. It's perfect. And so Maria, welcome to

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<v Speaker 1>RAF Conviction.

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<v Speaker 3>Thank you, happy to be here.

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<v Speaker 1>So Shorty, you were sort of a star in your

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<v Speaker 1>native country, right, I guess.

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<v Speaker 2>So you can say that I was very likable, friendly,

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<v Speaker 2>plays soccer. When I'm singing competition representing in the school.

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<v Speaker 1>I was told it was like the American Idol of Honduras.

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<v Speaker 1>Is that right? Yeah?

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<v Speaker 2>It were called championships and it was between the school

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<v Speaker 2>so it was knowledge, it was dancing and it was singing.

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<v Speaker 2>So I performed and I want the first place.

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<v Speaker 1>Wow, And how old were you?

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<v Speaker 2>I was ten years old.

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<v Speaker 1>Ten years old, so amazing start to a crazy journey.

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<v Speaker 1>And is it true that as a result of you

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<v Speaker 1>winning this competition, the gangs kind of left you alone

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<v Speaker 1>for a while, right, for.

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<v Speaker 2>A little bit, since Sia was going to school those times.

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<v Speaker 2>It really wasn't Di Stronos Again, in that period of

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<v Speaker 2>time when growing up and going to high school, I

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<v Speaker 2>was well known because I played soccer there. But my

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<v Speaker 2>problem was I live in a neighborhood with a rival gang,

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<v Speaker 2>and I play and go to school with the other

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<v Speaker 2>gang had power off. So it was very controversial because

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<v Speaker 2>one would say I belonged to one and the other

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<v Speaker 2>one would say I belong to the other one, which

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<v Speaker 2>it wasn't the case.

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<v Speaker 1>And in fact, you were able to belong to neither

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<v Speaker 1>of them because of the status that you enjoyed being

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<v Speaker 1>sort of this celebrity in your area.

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<v Speaker 2>Right basically, and because my mother too, she didn't play.

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<v Speaker 2>And I have this select group of friends. It was

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<v Speaker 2>seven of us, and it didn't attract to us anything

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<v Speaker 2>about no game at all.

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<v Speaker 1>But then, as I understand it, when you got a

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<v Speaker 1>little older, the gangs, you were going to join the

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<v Speaker 1>gang or get killed basically, right.

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<v Speaker 2>Yeah, they told me they weren't playing. I was harassed

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<v Speaker 2>and put guns in my face. I live in a

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<v Speaker 2>neighborhood full of amster teens and I got to go

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<v Speaker 2>to school where the eighteens lived. So when I get

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<v Speaker 2>out of the territory from the thirteenth, the eighties grabbed

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<v Speaker 2>me and made me undress in public to see if

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<v Speaker 2>I didn't have tattoos belonging to the other game.

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<v Speaker 1>Ultimately, you decided you had to leave because your life

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<v Speaker 1>was in danger, right, But what was it that made

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<v Speaker 1>you Because that's a big step to leave your country,

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<v Speaker 1>and it's a very important story to tell right now,

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<v Speaker 1>especially right with what's going on in this country, because

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<v Speaker 1>you had a crazy journey ahead of you. But what

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<v Speaker 1>was it that happened?

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<v Speaker 2>Well, it was in two thousand and one January of

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<v Speaker 2>February around there. I was with my Beyonce to be

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<v Speaker 2>at a moment and the taxi pull up in front

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<v Speaker 2>of my house. I'm sitting down outside and they got

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<v Speaker 2>this raincoat, this long rail black coat, and put an

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<v Speaker 2>AK forty seven and put it in my face. The

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<v Speaker 2>drivers stepped down and say, we ain't playing no more.

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<v Speaker 2>TikTok TikTok. In that particular moment in time, my mom

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<v Speaker 2>came out at the door and say, what you're doing.

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<v Speaker 2>I said, Mom, go inside. What good dude, She is

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<v Speaker 2>out here and I got to gone on my page

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<v Speaker 2>and my girlfriend is holding me for their life and

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<v Speaker 2>I'm like, come down. So they left, and then you say,

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<v Speaker 2>TikTok TikTok mean the clock is running. You need to

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<v Speaker 2>tie up and join all else. In December, a few

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<v Speaker 2>months back, they killed one of my best friends because

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<v Speaker 2>he didn't want to join AH. They killed him on

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<v Speaker 2>December twenty, two thousand, so it was very, very scary.

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<v Speaker 2>My mother said, you go to your grandma. They sent

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<v Speaker 2>me to Nicaraga and then Nicaragua is no place to live.

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<v Speaker 2>It's like it's more poverty. They wasn't Honduras. So in

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<v Speaker 2>two thousand and two, my sisters came from the United

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<v Speaker 2>States already with her residence and we went from there.

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<v Speaker 2>I need to come to the United States. I cannot

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<v Speaker 2>live in Nicaraga for poverty. I cannot live in my

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<v Speaker 2>native country because if I don't join again, they will

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<v Speaker 2>kill me. So the only way I got out of

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<v Speaker 2>here is go to the United States.

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<v Speaker 1>Already, everything you've been through is enough for someone to

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<v Speaker 1>go through. But this isn't even the beginning. How did

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<v Speaker 1>you get from Nicaragua all the way to eventually swimming

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<v Speaker 1>across the Rio Grande.

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<v Speaker 2>I came to Mexico and I buy some papers and

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<v Speaker 2>I learned a national antern of Mexico and history. I

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<v Speaker 2>lived there for a couple of months, and I flew

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<v Speaker 2>to Mexico City and there to New Laredo, and from

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<v Speaker 2>there I went to a bar where when I got in,

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<v Speaker 2>there as this coyot. Back then it was coyote. You say,

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<v Speaker 2>it was no cartels and stuff like that, passing people

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<v Speaker 2>and these coyote is to say, okay, you have sixteen

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<v Speaker 2>hundred dollars on you, No, but I can call. So

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<v Speaker 2>we arrange that here is going to pass me through

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<v Speaker 2>all the way to Laddo, Texas. So he wanted me

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<v Speaker 2>to swim with this they did. They go inside the

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<v Speaker 2>tire like inner two right. So because he asking me,

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<v Speaker 2>can you swim? And this moment in time, I feel

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<v Speaker 2>like I'm the micro fellow the river. I didn't know

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<v Speaker 2>how big real grand there really was. You see, I'm

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<v Speaker 2>picturing a river that is just like my Grandma's.

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<v Speaker 1>Like a stream.

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<v Speaker 2>Yeah, I mean it's something that you can pass in

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<v Speaker 2>two minutes. I never thought I was gonna take me

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<v Speaker 2>seventeen minutes almost to pass the river across that I

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<v Speaker 2>almost drowned and there, you know. So he told us

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<v Speaker 2>the take you close off, so we did, but we

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<v Speaker 2>keep the underwear on. When he turned back and like,

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<v Speaker 2>what you're doing. This isn't no gay shit, teed you

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<v Speaker 2>underwere off because when you run you need to be dry.

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<v Speaker 2>If you wed, it's gonna it's gonna hurt you and

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<v Speaker 2>it's gonna sload you down. Believe me, I'm doing this

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<v Speaker 2>for a long time. So we did. Put it in

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<v Speaker 2>a plastic bat, put in my mouth, start swimming. We

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<v Speaker 2>make it to the other side. Somehow, God only he

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<v Speaker 2>could help me to pass through that river because it

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<v Speaker 2>was so strong and we'd write off. He say, every

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<v Speaker 2>paper that you have, every picture that you have, throw

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<v Speaker 2>it away, every money that you have, throw it away.

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<v Speaker 2>You cannot bring anything with you to the United States

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<v Speaker 2>unless it's American dollars. I didn't have any American dollars,

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<v Speaker 2>so you know, it was fifty pests of Mexico. So

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<v Speaker 2>I throw it away, and he said, when I tell

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<v Speaker 2>you so, follow me and run. When we make it

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<v Speaker 2>to the other side, it was like ninety five people

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<v Speaker 2>in there, you know, females, men, you own, people from Ecuador, Columbia,

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<v Speaker 2>Costa Rica, you name it. So we saw immigration car

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<v Speaker 2>pass by and then another one and you may say,

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<v Speaker 2>I am waiting here. We're taken off. So I'm taking

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<v Speaker 2>after him because he got my money. So I'm thinking

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<v Speaker 2>I cannot let him go away with my money. You know,

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<v Speaker 2>how am I going to make it to the other side.

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<v Speaker 2>And this moment in time, I'm in the United States,

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<v Speaker 2>but I haven't made it to civilization yet. We take

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<v Speaker 2>off running. I wasn't thirty second and we hear helicopters,

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<v Speaker 2>police cars, dogs and sirens saying stop stop, but we're

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<v Speaker 2>going to shoot. We hear some shots at this moment

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<v Speaker 2>in time, everybody has take off running two and I'm

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<v Speaker 2>running right next to this guy. So I'm running and

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<v Speaker 2>I'm asking him where to where to he didn't tell me,

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<v Speaker 2>and where to because I think I can run him.

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<v Speaker 2>I really believe I can run him. I'm so desperate

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<v Speaker 2>to pass back. So it's some shots. I don't think

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<v Speaker 2>they were shouting at us. I think they were shouting

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<v Speaker 2>to the airth so people get scared or whatever. But

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<v Speaker 2>that's all I hear in my neighborhood. So they really

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<v Speaker 2>didn't call me anymore. It was I'm so used to

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<v Speaker 2>or I was so used to. We make it to defence,

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<v Speaker 2>and by the time we're going to jump the fence.

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<v Speaker 2>I used to feel this hand in my hand and say, senor,

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<v Speaker 2>please my son. It was this woman running next to

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<v Speaker 2>me with a child in her hand, so I grabbed

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<v Speaker 2>the kid. I give it to the next guy. I

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<v Speaker 2>push her up and then I jumped. We went to

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<v Speaker 2>a house call. My sister went to Houston. From Houston,

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<v Speaker 2>came to my sister house March eighteen, six fifteen in

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<v Speaker 2>the morning, three months, sixteen day after I was out

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<v Speaker 2>of my house.

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<v Speaker 1>Three months and sixteen days. Starting in Nicarago.

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<v Speaker 2>Right, started from Honduras January second, all the way to

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<v Speaker 2>March eighteen, two thousand and three.

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<v Speaker 1>And you ended up in Florida in a little town.

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<v Speaker 2>Right, yes, and Altamond Spring.

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<v Speaker 1>So you end up in Florida. You got a job? Right?

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<v Speaker 2>Yes? My bos saw me cording law and shaving some

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<v Speaker 2>kind of palms, and he led the way I work.

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<v Speaker 2>So he offered me a job as a discwatcher for

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<v Speaker 2>a couple of months. And one day the cooks were

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<v Speaker 2>really busy, so my mom teached me how to cooks.

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<v Speaker 2>And I was six seven years old and everybody was busy,

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<v Speaker 2>and they saw me cooking for me. So my boss

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<v Speaker 2>saw and say, oh, okay, so you can cut, you

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<v Speaker 2>can prep. I think you're going to be good in

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<v Speaker 2>the prep line. So they may may do salads, bread

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<v Speaker 2>and prep everything for the line cooks.

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<v Speaker 1>So now you're moving up in the world a little

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<v Speaker 1>bit at a time, right, going from the cutting trees

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<v Speaker 1>or whatever, to the to the kitchen and now doing

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<v Speaker 1>the prep work and starting to use your skills that

0:12:44.800 --> 0:12:49.199
<v Speaker 1>you had developed as a cook. So things are looking

0:12:49.480 --> 0:12:51.800
<v Speaker 1>up right, right? And where were you living?

0:12:52.480 --> 0:12:55.319
<v Speaker 2>I moved from my sister and Ultimate Sprint into Longwood

0:12:55.480 --> 0:12:56.360
<v Speaker 2>and the trailer park.

0:12:57.559 --> 0:13:01.079
<v Speaker 1>And for thirty four, the trailer park is a very

0:13:01.080 --> 0:13:04.720
<v Speaker 1>important role in this story. This is where the shit

0:13:04.760 --> 0:13:06.600
<v Speaker 1>really hits the fan. Maria, do you want to sort

0:13:06.640 --> 0:13:08.760
<v Speaker 1>of set the table here, because you've worked on this

0:13:08.840 --> 0:13:12.640
<v Speaker 1>case for ten years, you know every single detail of

0:13:12.679 --> 0:13:13.800
<v Speaker 1>what happened.

0:13:13.400 --> 0:13:16.880
<v Speaker 3>Absolutely, I mean, I don't even really know where to

0:13:17.040 --> 0:13:18.880
<v Speaker 3>start at. I mean, I used to be a prosecutor

0:13:18.880 --> 0:13:22.080
<v Speaker 3>actually before I did criminal defense thirteen years ago. And

0:13:22.200 --> 0:13:26.120
<v Speaker 3>so from that perspective, getting this case, the fact that

0:13:26.320 --> 0:13:30.240
<v Speaker 3>they saw him as the suspect shut their eyes to

0:13:30.320 --> 0:13:34.720
<v Speaker 3>any possible other alternative is to me the biggest travesty here.

0:13:34.920 --> 0:13:36.720
<v Speaker 3>But I'll sort of set the stage, I guess, in

0:13:36.760 --> 0:13:39.120
<v Speaker 3>the sense of he was living next door to the victims.

0:13:39.320 --> 0:13:42.120
<v Speaker 3>It was a trailer part on Vagabond Way, and that

0:13:42.240 --> 0:13:45.280
<v Speaker 3>was the name of the street, and he had socialized

0:13:45.480 --> 0:13:47.720
<v Speaker 3>with them on more than one occasion.

0:13:48.080 --> 0:13:50.320
<v Speaker 1>And this was a woman, her mother and her daughter

0:13:50.400 --> 0:13:51.840
<v Speaker 1>living together in this trailer.

0:13:51.920 --> 0:13:56.520
<v Speaker 3>That's correct, yes, And Clemente lived with two other men

0:13:56.559 --> 0:14:00.080
<v Speaker 3>about his age. They were both cousins and so they

0:14:00.120 --> 0:14:01.959
<v Speaker 3>were about the same age as the daughter. And her

0:14:02.040 --> 0:14:04.760
<v Speaker 3>brother also lived in the trailer for periods of time,

0:14:04.840 --> 0:14:07.880
<v Speaker 3>so sort of all people of his age Clemente at

0:14:07.920 --> 0:14:10.640
<v Speaker 3>the time. Obviously you can hear him today speaking English.

0:14:10.679 --> 0:14:13.360
<v Speaker 3>He didn't speak any English back then. He taught himself

0:14:13.400 --> 0:14:16.320
<v Speaker 3>English in prison, which is a great story that he

0:14:16.480 --> 0:14:18.520
<v Speaker 3>does need to tell at some point. How he taught

0:14:18.559 --> 0:14:21.240
<v Speaker 3>himself English. It's one of my favorite stories that he tells.

0:14:21.600 --> 0:14:23.640
<v Speaker 3>But he didn't speak any English then, but you know,

0:14:23.720 --> 0:14:27.000
<v Speaker 3>he was able to communicate enough with them. They shared parties,

0:14:27.040 --> 0:14:32.760
<v Speaker 3>they shared drinks, sort of a friendly neighborhood scene. The

0:14:32.880 --> 0:14:36.560
<v Speaker 3>day that he was arrested, the mother and grandmother were killed,

0:14:37.360 --> 0:14:41.080
<v Speaker 3>and the morning that their bodies were discovered, Mnde had

0:14:41.080 --> 0:14:43.560
<v Speaker 3>gone there in the morning as he often did. He

0:14:43.600 --> 0:14:46.440
<v Speaker 3>had been out with friends the night before. They always

0:14:46.440 --> 0:14:48.680
<v Speaker 3>were known to have lots and lots of beer. If

0:14:48.720 --> 0:14:50.520
<v Speaker 3>you look at the crime scene video, I mean there

0:14:50.560 --> 0:14:54.480
<v Speaker 3>was just thousands and thousands of cans. And in Florida,

0:14:54.720 --> 0:14:56.800
<v Speaker 3>alcohol is sold in all the grocery stores, but not

0:14:56.920 --> 0:14:59.840
<v Speaker 3>until certain hours. So the grocery store wasn't open yet.

0:15:00.120 --> 0:15:02.880
<v Speaker 3>And Clemente was, you know, in his early twenties. We

0:15:02.920 --> 0:15:04.760
<v Speaker 3>can all remember what it's like to be able to

0:15:04.800 --> 0:15:07.400
<v Speaker 3>party all night in your early twenties. And he had

0:15:07.440 --> 0:15:10.160
<v Speaker 3>finished a hard day's work and was letting list with

0:15:10.200 --> 0:15:12.240
<v Speaker 3>some friends and wanted to keep the party going. So

0:15:12.360 --> 0:15:14.640
<v Speaker 3>he had just gone over there for a beer, as

0:15:14.640 --> 0:15:17.000
<v Speaker 3>he had done many times. They had an open door policy.

0:15:17.480 --> 0:15:19.760
<v Speaker 1>Sorry, people, let's start over to you climent day because

0:15:19.800 --> 0:15:22.360
<v Speaker 1>this is such a nightmare. I mean, I've told your

0:15:22.400 --> 0:15:25.120
<v Speaker 1>story so many times, but you actually lived it. So

0:15:25.480 --> 0:15:27.080
<v Speaker 1>can you take us back to that day.

0:15:27.280 --> 0:15:29.560
<v Speaker 2>I've been drinking all day. I'm going to go home,

0:15:29.880 --> 0:15:31.840
<v Speaker 2>and I went home, but I want another beer, so

0:15:31.880 --> 0:15:33.920
<v Speaker 2>I went inside and I didn't find this. So it's

0:15:33.960 --> 0:15:36.840
<v Speaker 2>why I wait until daytime to go to the next

0:15:36.880 --> 0:15:38.880
<v Speaker 2>door and ask for a beer, like I had done

0:15:39.160 --> 0:15:40.200
<v Speaker 2>dozens the time before.

0:15:40.440 --> 0:15:41.840
<v Speaker 1>What time was it when you went over.

0:15:41.720 --> 0:15:43.560
<v Speaker 2>To It was like six something in the morning.

0:15:43.600 --> 0:15:45.800
<v Speaker 1>Six in the morning, right, And so you went over

0:15:45.800 --> 0:15:48.520
<v Speaker 1>there as you've done so many times, to scoop up

0:15:48.520 --> 0:15:51.400
<v Speaker 1>a few more beers whatever, Right, what did you encounter

0:15:51.480 --> 0:15:52.280
<v Speaker 1>when you got there?

0:15:53.600 --> 0:15:55.960
<v Speaker 2>I turned knocked the door, but when I touched it,

0:15:55.960 --> 0:15:58.440
<v Speaker 2>a push open, but it didn't open all the way.

0:16:00.160 --> 0:16:03.400
<v Speaker 2>Strange because I've been in the house. I mean, if

0:16:03.400 --> 0:16:06.560
<v Speaker 2>I want to give you a number over seven hundred times, right,

0:16:07.040 --> 0:16:10.880
<v Speaker 2>so I know that door opened all the way and

0:16:11.640 --> 0:16:16.120
<v Speaker 2>this time didn't. So I push it and it it

0:16:16.160 --> 0:16:20.360
<v Speaker 2>didn't go further than what it was. So I look,

0:16:20.440 --> 0:16:24.080
<v Speaker 2>it was like a little window and I saw Cherry

0:16:24.160 --> 0:16:30.400
<v Speaker 2>Williams there body. This was the mom that was the mother, Yes,

0:16:30.800 --> 0:16:34.480
<v Speaker 2>Samantha's mother, Yes, And Carol daughter.

0:16:34.640 --> 0:16:36.800
<v Speaker 1>So you saw the body. So that's why they couldn't

0:16:36.800 --> 0:16:38.160
<v Speaker 1>open the door because the body.

0:16:37.960 --> 0:16:40.560
<v Speaker 2>Was blocking it was blocking it, yes, sir, right.

0:16:40.360 --> 0:16:42.840
<v Speaker 1>And so now you see the body, but is there

0:16:42.920 --> 0:16:45.440
<v Speaker 1>blood everywhere? Or what's the first thing that you.

0:16:45.520 --> 0:16:52.080
<v Speaker 2>Her body is there. I just jump immediately inside without thinking, right,

0:16:52.520 --> 0:16:54.640
<v Speaker 2>and she was too close to by the door, so

0:16:54.720 --> 0:16:58.040
<v Speaker 2>I had to close the door and touch her dress

0:16:58.160 --> 0:17:00.880
<v Speaker 2>looking for a pose. So I said, I'm too drunk

0:17:01.360 --> 0:17:03.760
<v Speaker 2>that I don't feel it. So I picked her up

0:17:04.240 --> 0:17:05.640
<v Speaker 2>and put it on the top of my legs into

0:17:05.680 --> 0:17:07.639
<v Speaker 2>her neck because in the position she was, I couldn't

0:17:07.680 --> 0:17:11.320
<v Speaker 2>touch her neck. And a moment and asked her to

0:17:11.359 --> 0:17:13.520
<v Speaker 2>wake up, and she didn't.

0:17:15.400 --> 0:17:17.080
<v Speaker 1>At this point, did you see there was blood and

0:17:17.119 --> 0:17:17.399
<v Speaker 1>there was.

0:17:17.440 --> 0:17:22.600
<v Speaker 2>Yes, everywhere. Now it's like a horror movie scene. So

0:17:23.800 --> 0:17:29.800
<v Speaker 2>I'm asking somebody here, and I find the grandmother of

0:17:30.000 --> 0:17:34.520
<v Speaker 2>her wheelchair almost under the table, so I want to

0:17:34.520 --> 0:17:37.439
<v Speaker 2>touch her too. She was dead and I heard this

0:17:37.600 --> 0:17:41.919
<v Speaker 2>noise and I'm asking somebody here, And with that I

0:17:41.960 --> 0:17:45.159
<v Speaker 2>walked in the house and my footprints were there, and

0:17:45.200 --> 0:17:46.199
<v Speaker 2>it was it was crazy.

0:17:47.080 --> 0:17:48.800
<v Speaker 1>You found the murder weapon, right, I did?

0:17:49.119 --> 0:17:51.840
<v Speaker 2>I did? I saw it when I saw the first victim.

0:17:52.040 --> 0:17:55.399
<v Speaker 2>It was on the top of a beer box, but

0:17:55.480 --> 0:17:58.440
<v Speaker 2>I didn't touch it. Then I touched until I heard

0:17:58.440 --> 0:18:01.800
<v Speaker 2>the noise later that I was a dog there. But

0:18:02.640 --> 0:18:05.680
<v Speaker 2>I know I'm crazy. I heard a noise. So anyway,

0:18:06.640 --> 0:18:11.080
<v Speaker 2>I went and grabbed a knife like like a domas

0:18:11.800 --> 0:18:17.119
<v Speaker 2>and uh, asking somebody here. And I walked and I

0:18:17.160 --> 0:18:21.920
<v Speaker 2>went to Samantha's bedroom and everything was everywhere in the house.

0:18:22.760 --> 0:18:28.040
<v Speaker 2>Chair would flowed down, clothes was everywhere. Everything was like

0:18:28.080 --> 0:18:31.280
<v Speaker 2>a like a hura camp passed by there and then

0:18:31.320 --> 0:18:34.280
<v Speaker 2>I walked to the next room, but I think went

0:18:34.359 --> 0:18:39.600
<v Speaker 2>in there because I found Cherry already. So I said,

0:18:39.600 --> 0:18:42.359
<v Speaker 2>oh my god, what am I going to do? So

0:18:42.440 --> 0:18:48.320
<v Speaker 2>I took off running. They got running again.

0:18:57.560 --> 0:19:00.440
<v Speaker 1>This is a really bad scenario on every level. I mean,

0:19:00.480 --> 0:19:03.960
<v Speaker 1>you've got now the murder victim's blood on you, right,

0:19:04.040 --> 0:19:06.720
<v Speaker 1>because you've been trying to help them, trying to check

0:19:06.720 --> 0:19:09.680
<v Speaker 1>and see if they're alive. Obviously that was hopeless because

0:19:09.680 --> 0:19:13.640
<v Speaker 1>they were dead. You've got your fingerprints on the knife

0:19:14.240 --> 0:19:18.479
<v Speaker 1>right because you picked up thet I mean, it couldn't

0:19:18.520 --> 0:19:20.840
<v Speaker 1>be any worse. You can't make it harder for your lawyers,

0:19:20.920 --> 0:19:23.480
<v Speaker 1>right in this case. I mean, this is circumstantial levidence.

0:19:23.760 --> 0:19:27.120
<v Speaker 1>It doesn't get much worse than that. And I'm sure

0:19:27.400 --> 0:19:29.359
<v Speaker 1>when it eventually came to your arrest, they must have

0:19:29.400 --> 0:19:31.520
<v Speaker 1>looked at it like, okay, well so you don't really

0:19:31.560 --> 0:19:33.400
<v Speaker 1>have to work too hard on this one. We got

0:19:33.440 --> 0:19:36.280
<v Speaker 1>this guy dead to rights? Well what did you do?

0:19:36.359 --> 0:19:38.520
<v Speaker 1>So now you you ran? What did you run too?

0:19:39.359 --> 0:19:44.679
<v Speaker 2>I ran to mahause I'm debating. Am I going to

0:19:44.680 --> 0:19:49.000
<v Speaker 2>call the policeman? And the person I'm debating is, I

0:19:49.160 --> 0:19:54.720
<v Speaker 2>know the police officer arrest you, they call immigration on you.

0:19:56.280 --> 0:20:03.560
<v Speaker 2>It's a fact, so they I mean, and now I'm

0:20:03.560 --> 0:20:06.800
<v Speaker 2>going to be deported for it. So I know I

0:20:06.880 --> 0:20:10.800
<v Speaker 2>didn't do nothing wrong, even though everything sounds wrong so far,

0:20:11.680 --> 0:20:16.000
<v Speaker 2>I didn't kill nobody anyway. So I took a shower

0:20:17.040 --> 0:20:20.159
<v Speaker 2>and I'm like, I can't go police. I decided against

0:20:20.200 --> 0:20:22.399
<v Speaker 2>it because I don't want to be deported. It was

0:20:22.520 --> 0:20:26.320
<v Speaker 2>my fear. That was my fear, and like you didn't

0:20:26.320 --> 0:20:30.560
<v Speaker 2>have fear because I'm running from my life. You know,

0:20:30.640 --> 0:20:33.679
<v Speaker 2>I'm running for my life. I don't want to be

0:20:33.800 --> 0:20:36.840
<v Speaker 2>killed in my country because I don't want to be

0:20:36.880 --> 0:20:37.440
<v Speaker 2>a criminal.

0:20:39.240 --> 0:20:41.720
<v Speaker 1>Right, what an irony? Right? You were running away from

0:20:41.760 --> 0:20:44.639
<v Speaker 1>the criminals to come here to start a better life.

0:20:45.000 --> 0:20:47.320
<v Speaker 1>And now now you're going to be accused of a

0:20:47.359 --> 0:20:50.480
<v Speaker 1>crime that you didn't commit in the first place. And

0:20:50.680 --> 0:20:52.560
<v Speaker 1>the options are all bad. Right, You're either going to

0:20:52.640 --> 0:20:55.480
<v Speaker 1>go and get deported or you're going to get convicted.

0:20:56.000 --> 0:20:57.600
<v Speaker 1>I mean, you must have known as well that things

0:20:57.600 --> 0:20:59.280
<v Speaker 1>were looking pretty bad. If you call the police the

0:20:59.320 --> 0:21:02.520
<v Speaker 1>first person that suspect. We know that in general in

0:21:02.600 --> 0:21:05.439
<v Speaker 1>many cases anyway, the person who finds the body is

0:21:05.560 --> 0:21:06.680
<v Speaker 1>the person they rely.

0:21:07.200 --> 0:21:11.639
<v Speaker 2>But honestly speaking, I wasn't afraid they are going to

0:21:11.640 --> 0:21:15.600
<v Speaker 2>be accused of the murder. I really wasn't, because I

0:21:15.640 --> 0:21:18.639
<v Speaker 2>know I didn't do it. I was more afraid that

0:21:19.000 --> 0:21:22.360
<v Speaker 2>if I completely going to put so what happened for sure.

0:21:22.200 --> 0:21:23.880
<v Speaker 4>So, I mean, he can tell it as well.

0:21:23.880 --> 0:21:27.960
<v Speaker 3>But the police eventually came because Samantha's boyfriend, which we'll

0:21:28.040 --> 0:21:30.960
<v Speaker 3>later get to in more detail, actually was told by

0:21:30.960 --> 0:21:33.360
<v Speaker 3>Samantha to come to the house that morning to get

0:21:33.359 --> 0:21:35.960
<v Speaker 3>her laundry out of the dryer was the purported reason,

0:21:36.359 --> 0:21:38.560
<v Speaker 3>or out of the washer, and to check on her

0:21:38.600 --> 0:21:41.520
<v Speaker 3>mom and grandmother because she had a bad feeling. So

0:21:41.760 --> 0:21:44.720
<v Speaker 3>he comes to the scene about nine am, he finds

0:21:44.760 --> 0:21:47.679
<v Speaker 3>a bod easy of course, calls nine one one and

0:21:47.720 --> 0:21:48.560
<v Speaker 3>then the police come.

0:21:48.720 --> 0:21:50.600
<v Speaker 4>So by a couple of hours go by.

0:21:50.760 --> 0:21:53.080
<v Speaker 3>The police are there and you know, normally they're knocking

0:21:53.040 --> 0:21:56.240
<v Speaker 3>their canvassing the neighborhood. So they knock on the door

0:21:56.400 --> 0:22:00.480
<v Speaker 3>of Clementeg's trailer, and first knock on the door, they didn't.

0:22:00.480 --> 0:22:01.080
<v Speaker 4>They just said, we.

0:22:01.000 --> 0:22:02.640
<v Speaker 2>Don't know anything, We don't know anything.

0:22:02.840 --> 0:22:05.800
<v Speaker 3>And the police that knocked on his door nobody spoke Spanish,

0:22:05.880 --> 0:22:08.440
<v Speaker 3>so they were all English speaking, and everybody in Clemente's

0:22:08.480 --> 0:22:11.679
<v Speaker 3>house then only spoke Spanish, so there's also a language barrier.

0:22:11.720 --> 0:22:13.879
<v Speaker 3>And then later in the day, I mean, Clemente can

0:22:13.920 --> 0:22:16.639
<v Speaker 3>tell you why he felt compelled to come forward and

0:22:16.680 --> 0:22:18.639
<v Speaker 3>then sort of how that backfired on him. When he

0:22:18.680 --> 0:22:21.720
<v Speaker 3>came forward and tried to tell what happened, as you said,

0:22:21.760 --> 0:22:25.280
<v Speaker 3>they immediately were like, great, we've got our guy, and

0:22:25.320 --> 0:22:29.119
<v Speaker 3>they just started accusing him of murder pretty immediately and

0:22:29.160 --> 0:22:33.440
<v Speaker 3>threatening him. There was a female Spanish speaking detective finally

0:22:33.440 --> 0:22:36.920
<v Speaker 3>who came unseen, and Clemente wanted to talk to her.

0:22:36.960 --> 0:22:39.240
<v Speaker 3>He felt like he could trust her with the full story.

0:22:39.880 --> 0:22:42.400
<v Speaker 2>I came forward, I say, this is the best country

0:22:42.440 --> 0:22:44.480
<v Speaker 2>in the world. I'm telling the truth, but they're going

0:22:44.520 --> 0:22:47.800
<v Speaker 2>to investigate and they're going to find out the true eventually.

0:22:48.840 --> 0:22:50.560
<v Speaker 2>So I went in. I say I found in there,

0:22:50.960 --> 0:22:54.479
<v Speaker 2>you know. And soon I say that I need to

0:22:54.600 --> 0:22:58.040
<v Speaker 2>speak with somebody who Spanish. And it was two people

0:22:58.200 --> 0:23:03.399
<v Speaker 2>behind her telling her get him gidding. When I asked

0:23:03.400 --> 0:23:08.280
<v Speaker 2>her to talk along, the investigator told me if you

0:23:08.320 --> 0:23:11.679
<v Speaker 2>touch her, I'm fuck you up. I don't know what

0:23:11.760 --> 0:23:14.679
<v Speaker 2>that would mean, but the fish that he put in

0:23:14.680 --> 0:23:17.879
<v Speaker 2>my face told me everything I need to know. And

0:23:17.920 --> 0:23:23.119
<v Speaker 2>I'm looking crazy and I say, no, no, I'm not

0:23:23.160 --> 0:23:24.040
<v Speaker 2>going to do anything.

0:23:24.240 --> 0:23:27.159
<v Speaker 3>It also probably should be noted Clemente got his shorty

0:23:27.240 --> 0:23:32.200
<v Speaker 3>nickname because he's four foot eleven. So not exactly you're threatening,

0:23:32.320 --> 0:23:34.480
<v Speaker 3>imposing criminal.

0:23:34.160 --> 0:23:36.159
<v Speaker 1>But also you have such a sort of a sweet

0:23:36.160 --> 0:23:38.720
<v Speaker 1>gentle face. I mean, like if I was three feet eleven,

0:23:38.760 --> 0:23:40.240
<v Speaker 1>I wouldn't be scared of you, you know what I mean?

0:23:40.280 --> 0:23:43.359
<v Speaker 2>Like right, So they bring me this investigator and soon

0:23:43.400 --> 0:23:46.840
<v Speaker 2>I tell him about the first victim. He started kissing

0:23:46.840 --> 0:23:49.960
<v Speaker 2>me or rape. I know I didn't break nobody. I

0:23:50.000 --> 0:23:52.879
<v Speaker 2>know I didn't kill nobody. So I told him, well,

0:23:53.680 --> 0:23:57.520
<v Speaker 2>he mentioned something like I don't need you to finish

0:23:58.720 --> 0:24:01.439
<v Speaker 2>or have an orgasom in her. I just need you

0:24:01.480 --> 0:24:05.080
<v Speaker 2>to penetrate her. And I got your DNA. I said,

0:24:05.080 --> 0:24:09.840
<v Speaker 2>go for it. They my DNA because I know I'm innocent.

0:24:11.000 --> 0:24:13.359
<v Speaker 2>But there was a swap there. They took your fingernails,

0:24:13.400 --> 0:24:17.600
<v Speaker 2>then my fingernails, and she went to deep. I believe now,

0:24:17.760 --> 0:24:19.960
<v Speaker 2>and nobody can take me out of this. She was

0:24:20.000 --> 0:24:20.760
<v Speaker 2>trying to cut me.

0:24:21.240 --> 0:24:24.000
<v Speaker 3>When they took his fingertiped swabs they do the scrapings,

0:24:24.000 --> 0:24:25.600
<v Speaker 3>they like jammed it under his nail.

0:24:25.760 --> 0:24:28.119
<v Speaker 2>She went way too deep. So you can see it's like,

0:24:28.680 --> 0:24:30.160
<v Speaker 2>do you have to describe a little bit. You don't

0:24:30.200 --> 0:24:32.880
<v Speaker 2>have to go to deep. They always dis short always

0:24:33.320 --> 0:24:36.160
<v Speaker 2>because I work in the kitchen, so you know, I'm

0:24:36.200 --> 0:24:38.440
<v Speaker 2>always with sure nails and short hair.

0:24:38.720 --> 0:24:41.200
<v Speaker 1>Or you think they were trying to cut him, because.

0:24:41.560 --> 0:24:44.119
<v Speaker 3>I think the perception that he tells the story was

0:24:44.160 --> 0:24:46.679
<v Speaker 3>there was a lot of hatred and animosity from the

0:24:46.680 --> 0:24:49.480
<v Speaker 3>police from the beginning towards him because he was not

0:24:49.560 --> 0:24:53.280
<v Speaker 3>in this country legally, because they believed that he murdered

0:24:53.320 --> 0:24:55.919
<v Speaker 3>these two women, one of them in a wheelchair, and

0:24:55.960 --> 0:24:58.240
<v Speaker 3>so they just treated him. You know, this whole theme

0:24:58.280 --> 0:25:01.160
<v Speaker 3>of the conference that we're attending is presumption of innocence,

0:25:01.320 --> 0:25:02.840
<v Speaker 3>and there was none of that for Clemente.

0:25:03.160 --> 0:25:06.240
<v Speaker 1>Right. And just for context, we're recording in a conference

0:25:06.320 --> 0:25:10.240
<v Speaker 1>room in Atlanta where the Innocence Network conference is being held.

0:25:10.280 --> 0:25:13.440
<v Speaker 1>So there's an amazing, amazing group here of over two

0:25:13.480 --> 0:25:19.919
<v Speaker 1>hundred exannarees and hundreds of lawyers and social workers and activists,

0:25:19.920 --> 0:25:23.400
<v Speaker 1>and it's an amazing, amazing place to be. And as

0:25:23.440 --> 0:25:27.399
<v Speaker 1>you said, the theme is presumption of innocence, which is well,

0:25:27.400 --> 0:25:31.560
<v Speaker 1>it's part of American jurisprudence, it's in the constitution, right,

0:25:31.640 --> 0:25:34.159
<v Speaker 1>but it doesn't actually work the way it's supposed to,

0:25:34.200 --> 0:25:35.520
<v Speaker 1>and certainly didn't in this case.

0:25:35.760 --> 0:25:35.879
<v Speaker 3>Right.

0:25:36.119 --> 0:25:38.320
<v Speaker 1>So they interrogate you, you didn't have a lawyer with you

0:25:38.359 --> 0:25:39.080
<v Speaker 1>at the time.

0:25:39.080 --> 0:25:41.480
<v Speaker 2>At that moment in time, I'll say, on your lawyer, right,

0:25:41.840 --> 0:25:42.320
<v Speaker 2>do nothing.

0:25:43.040 --> 0:25:45.720
<v Speaker 1>Yeah, And that's a common thing. I mean, you'd be

0:25:45.760 --> 0:25:47.760
<v Speaker 1>surprised how many people, even people who grew up in

0:25:47.800 --> 0:25:51.880
<v Speaker 1>America who maybe have higher education degrees or whatever, they

0:25:51.880 --> 0:25:53.399
<v Speaker 1>think the same thing. Well, if I just go in

0:25:53.440 --> 0:25:55.720
<v Speaker 1>and tell the truth. But when you get an adversarial

0:25:55.760 --> 0:25:59.040
<v Speaker 1>situation like you were in, it changes very quickly and

0:25:59.160 --> 0:26:01.719
<v Speaker 1>people are not expecting it. You had no reason to

0:26:01.800 --> 0:26:05.119
<v Speaker 1>expect it. But that's exactly what happened. And so at

0:26:05.119 --> 0:26:08.359
<v Speaker 1>what point did did you become aware that you are

0:26:08.400 --> 0:26:11.880
<v Speaker 1>now looking at the potential of being well arrested, tried,

0:26:11.920 --> 0:26:14.920
<v Speaker 1>and convicted. I wish even sentenced to death.

0:26:15.119 --> 0:26:18.160
<v Speaker 2>A week later, they come and take my fingerprints and

0:26:18.200 --> 0:26:22.359
<v Speaker 2>they told me they found my left pump print in

0:26:22.400 --> 0:26:26.760
<v Speaker 2>the knife, which I say, it's impossible, and say, how

0:26:26.880 --> 0:26:30.600
<v Speaker 2>come you touched the knife? Yeah, but I'm right handed.

0:26:31.280 --> 0:26:33.720
<v Speaker 2>I'm not going to grab a knife with my left hand.

0:26:34.680 --> 0:26:38.320
<v Speaker 2>So they charmed me with murder and they told me

0:26:38.560 --> 0:26:40.399
<v Speaker 2>we're going to be asking for the dead penalty, as

0:26:40.440 --> 0:26:42.679
<v Speaker 2>the state to ask for the dead penalty, send you

0:26:42.800 --> 0:26:43.360
<v Speaker 2>to death row.

0:26:44.960 --> 0:26:47.879
<v Speaker 1>You've now been arrested. You're locked up in the local jail.

0:26:47.960 --> 0:26:49.679
<v Speaker 2>Assume yeah, Seminal County.

0:26:49.960 --> 0:26:52.439
<v Speaker 1>How long did it take from that point to go

0:26:52.480 --> 0:26:52.959
<v Speaker 1>to trial?

0:26:53.320 --> 0:26:54.240
<v Speaker 2>Twenty two months?

0:26:54.359 --> 0:26:56.119
<v Speaker 1>So you're in jail for twenty two months, Yes.

0:26:55.960 --> 0:27:00.120
<v Speaker 2>Sir, Seminal County jail in sam for got to be

0:27:00.200 --> 0:27:04.040
<v Speaker 2>one of the most disgusting places to be at. The

0:27:04.160 --> 0:27:08.800
<v Speaker 2>food is terrible because it's private. You see seven the

0:27:08.880 --> 0:27:11.120
<v Speaker 2>county is private, so they run it the way they

0:27:11.200 --> 0:27:13.359
<v Speaker 2>want to. They beat you up, they put you in

0:27:13.400 --> 0:27:14.919
<v Speaker 2>a place, but it's the camera. They beat you up.

0:27:14.960 --> 0:27:19.080
<v Speaker 5>Anything and all that happened to you, all that happened

0:27:19.119 --> 0:27:24.399
<v Speaker 5>to me because you were the most notorious guy in

0:27:24.480 --> 0:27:25.360
<v Speaker 5>the jail at this time.

0:27:25.440 --> 0:27:27.560
<v Speaker 1>Right, your name is in the papers. You're accused of

0:27:27.600 --> 0:27:31.640
<v Speaker 1>a double murder or an illegal immigrant. You got the whole, you.

0:27:31.560 --> 0:27:36.000
<v Speaker 2>Know, because of this brown little guy who apparently killed

0:27:36.040 --> 0:27:41.399
<v Speaker 2>two white people. By the time I got taken the trial,

0:27:42.200 --> 0:27:46.920
<v Speaker 2>I was found guilty in one hour fifteen minutes maybe

0:27:47.320 --> 0:27:49.000
<v Speaker 2>the jury the jury user.

0:27:49.720 --> 0:27:51.280
<v Speaker 1>The jury was out for an hour and fifteen minutes.

0:27:51.560 --> 0:27:54.359
<v Speaker 2>The trial last maybe four five days, I mean the

0:27:54.400 --> 0:27:59.080
<v Speaker 2>criminal trial. The sentence in like another four days around

0:27:59.119 --> 0:28:00.600
<v Speaker 2>there in Florida.

0:28:01.000 --> 0:28:03.120
<v Speaker 4>The penalty phase in the guilt phase or separate.

0:28:03.359 --> 0:28:05.359
<v Speaker 2>Yeah, it's two different trials basically.

0:28:05.520 --> 0:28:07.040
<v Speaker 1>So who represented you a trial?

0:28:07.680 --> 0:28:09.520
<v Speaker 2>The public defender's officer Semino Comi.

0:28:11.119 --> 0:28:14.960
<v Speaker 1>And did they mount any kind of a defense.

0:28:15.920 --> 0:28:20.040
<v Speaker 2>No, whatsoever, no defense. They did present a case on

0:28:20.200 --> 0:28:23.159
<v Speaker 2>my he did it because he drunk, He did it

0:28:23.240 --> 0:28:26.080
<v Speaker 2>because he did he didn't you know, I didn't do nothing.

0:28:26.520 --> 0:28:28.199
<v Speaker 2>You're trying to kill me for something I didn't do.

0:28:28.880 --> 0:28:30.640
<v Speaker 2>I didn't do nothing. I am not going to take

0:28:30.640 --> 0:28:35.600
<v Speaker 2>this to me. It was not conceivable that I am't

0:28:35.600 --> 0:28:38.880
<v Speaker 2>going to accept you calling me a killer. And I'm

0:28:38.920 --> 0:28:40.760
<v Speaker 2>there and I'm not going to stand. Doesn't call you

0:28:40.800 --> 0:28:45.680
<v Speaker 2>a liar, even you my attorney. I don't care. I

0:28:45.680 --> 0:28:48.280
<v Speaker 2>didn't do nothing, so you don't believe me. After you

0:28:48.680 --> 0:28:49.520
<v Speaker 2>he never believed me.

0:28:49.560 --> 0:28:49.720
<v Speaker 1>Man.

0:28:49.880 --> 0:28:52.120
<v Speaker 2>He didn't talk to nobody. I wasn't about until three

0:28:52.160 --> 0:28:54.720
<v Speaker 2>thirty in the morning, with like thirty two people. He

0:28:54.760 --> 0:28:57.120
<v Speaker 2>didn't talk to no one of them. What you were white,

0:28:58.520 --> 0:29:01.200
<v Speaker 2>I wasn't a bar before we went to my friend's

0:29:01.200 --> 0:29:04.320
<v Speaker 2>house right with the three thirty in the morning. Because

0:29:04.320 --> 0:29:06.360
<v Speaker 2>back then they were saying I did a crying three

0:29:06.440 --> 0:29:10.080
<v Speaker 2>something in the morning, you see, then they changed it

0:29:10.160 --> 0:29:11.600
<v Speaker 2>to in the morning.

0:29:11.640 --> 0:29:14.040
<v Speaker 3>They never really were able to pin down the time

0:29:14.040 --> 0:29:16.400
<v Speaker 3>of death because they were relying on Samantha and Mark

0:29:16.440 --> 0:29:18.880
<v Speaker 3>VanZant who said they saw the victims last alive at

0:29:18.920 --> 0:29:20.400
<v Speaker 3>about eleven thirty and.

0:29:20.360 --> 0:29:22.480
<v Speaker 4>Then they were found by Mark VanZant at nine.

0:29:22.880 --> 0:29:25.720
<v Speaker 3>So the state was never able to really pin down

0:29:25.760 --> 0:29:27.720
<v Speaker 3>the time of death, so they just fit it to

0:29:27.840 --> 0:29:30.680
<v Speaker 3>the time when Clemente had said he went in there,

0:29:30.720 --> 0:29:34.400
<v Speaker 3>but he did have a solid alibi until three thirty

0:29:34.440 --> 0:29:36.360
<v Speaker 3>in the morning. He was at a local bar. It

0:29:36.440 --> 0:29:39.320
<v Speaker 3>was actually me who went into that bar for the

0:29:39.400 --> 0:29:44.040
<v Speaker 3>first time in probably two thy and ten or so.

0:29:44.560 --> 0:29:46.280
<v Speaker 3>I mean, it's just inmfathomable to me that as a

0:29:46.280 --> 0:29:49.520
<v Speaker 3>criminal defense attorney, your client tells you where they were,

0:29:49.640 --> 0:29:51.520
<v Speaker 3>you know, in the preceding twenty four hours, and you

0:29:51.560 --> 0:29:54.080
<v Speaker 3>don't even walk into the bar to see like, hey,

0:29:54.200 --> 0:29:56.360
<v Speaker 3>was he here? Is there anybody that we can talk to?

0:29:57.320 --> 0:29:59.280
<v Speaker 3>And I mean when I went in in twenty ten,

0:29:59.360 --> 0:30:01.840
<v Speaker 3>so this is my you. Six years after the murder.

0:30:01.880 --> 0:30:03.920
<v Speaker 3>It was a Saturday morning. I went in with my

0:30:03.960 --> 0:30:06.880
<v Speaker 3>investigator and kind of like sat down at the bars,

0:30:06.880 --> 0:30:07.800
<v Speaker 3>maybe eleven thirty.

0:30:07.960 --> 0:30:09.320
<v Speaker 4>We didn't tell anyone we were coming.

0:30:09.440 --> 0:30:13.400
<v Speaker 3>We just went and the bartenders like, you know, can

0:30:13.440 --> 0:30:15.040
<v Speaker 3>I help you? And we said, you know, we're looking

0:30:15.080 --> 0:30:18.320
<v Speaker 3>for Bob Buntruk, who was the owner. She said, oh,

0:30:18.360 --> 0:30:20.080
<v Speaker 3>he's not here, you know, can I help you? I said, well,

0:30:20.120 --> 0:30:23.080
<v Speaker 3>I represent Clemente Gary And it was like time stood still.

0:30:23.120 --> 0:30:24.600
<v Speaker 3>I thought she was going to drop the glass she

0:30:24.680 --> 0:30:28.160
<v Speaker 3>was holding. She was like, thank God, somebody is finally

0:30:28.200 --> 0:30:31.200
<v Speaker 3>helping him. I know he didn't do it, and to

0:30:31.320 --> 0:30:34.600
<v Speaker 3>walk into a place six years later and get that

0:30:34.760 --> 0:30:37.520
<v Speaker 3>kind of reaction for me as the lawyer handling his

0:30:37.600 --> 0:30:40.400
<v Speaker 3>case was just stunning, And she gave us a treasure

0:30:40.440 --> 0:30:44.360
<v Speaker 3>trove of information that actually led us to who ultimately

0:30:44.480 --> 0:30:46.000
<v Speaker 3>is the actual pillar in this case.

0:30:46.200 --> 0:30:48.280
<v Speaker 1>So yeah, and that's I'm getting the chill just thinking

0:30:48.320 --> 0:30:50.600
<v Speaker 1>about that. What a moment. It's very cinematic the way

0:30:50.600 --> 0:30:52.160
<v Speaker 1>you described it, but yeah, I mean it must have

0:30:52.240 --> 0:30:55.480
<v Speaker 1>really weighed on the people who knew you and knew

0:30:55.520 --> 0:30:57.560
<v Speaker 1>that you didn't do it, to be walking around with

0:30:57.600 --> 0:31:00.800
<v Speaker 1>that knowledge and yet knowing that you're on death row

0:31:01.480 --> 0:31:02.360
<v Speaker 1>and felt helpless.

0:31:02.400 --> 0:31:04.440
<v Speaker 3>You know, there was no avenue for them because there

0:31:04.480 --> 0:31:07.440
<v Speaker 3>was no investigation by either the prosecution or the defense.

0:31:07.520 --> 0:31:10.400
<v Speaker 3>I mean, it's just a complete collapse of the adversarials.

0:31:10.640 --> 0:31:14.480
<v Speaker 2>This particular lady who talked to her name is Jamie,

0:31:14.720 --> 0:31:19.280
<v Speaker 2>and she was across the street almost in front of

0:31:19.320 --> 0:31:22.840
<v Speaker 2>Samantha's house until fight something in the morning and I

0:31:22.840 --> 0:31:24.360
<v Speaker 2>haven't make it home yet.

0:31:24.600 --> 0:31:29.120
<v Speaker 3>Yeah, so she actually ended up albying him until you know,

0:31:29.160 --> 0:31:31.040
<v Speaker 3>five point thirty or and sort of albuying the house

0:31:31.160 --> 0:31:32.160
<v Speaker 3>until then because.

0:31:31.920 --> 0:31:34.040
<v Speaker 2>I haven't made it home yet she was from Peter

0:31:34.800 --> 0:31:37.600
<v Speaker 2>resent Peace, so Peter used to leave him from of

0:31:37.600 --> 0:31:40.840
<v Speaker 2>Samantha Williams house. So she stayed there with him, having

0:31:40.880 --> 0:31:43.440
<v Speaker 2>a couple of dreams that night. And I'm still on

0:31:43.560 --> 0:31:46.040
<v Speaker 2>my friend's house with other two friends. I haven't make

0:31:46.080 --> 0:31:46.640
<v Speaker 2>it home yet.

0:31:46.720 --> 0:31:49.120
<v Speaker 3>But the state just fit their time of death with

0:31:50.000 --> 0:31:51.440
<v Speaker 3>the time he said he went in the house. Once

0:31:51.480 --> 0:31:53.239
<v Speaker 3>he said he went in the house, they just had

0:31:53.280 --> 0:31:55.239
<v Speaker 3>tunnel vision and that was it. They just fit all

0:31:55.240 --> 0:31:57.040
<v Speaker 3>their evidence to comply with that.

0:31:58.120 --> 0:32:00.920
<v Speaker 1>Wow. And we're going to get into Samantha minute, because

0:32:01.080 --> 0:32:04.440
<v Speaker 1>this is one of those cases, and there's probably a dozen,

0:32:04.680 --> 0:32:07.960
<v Speaker 1>maybe that we've profiled on the show, where all the

0:32:08.040 --> 0:32:11.240
<v Speaker 1>signs were there that would have led even a cursory

0:32:11.600 --> 0:32:17.600
<v Speaker 1>investigation to focus on someone else, but it was not

0:32:17.640 --> 0:32:20.320
<v Speaker 1>necessary because they already had somebody that they wanted. They

0:32:20.320 --> 0:32:23.760
<v Speaker 1>had somebody who was an easy target, and also somebody

0:32:23.800 --> 0:32:26.440
<v Speaker 1>that apparently they didn't like, because they didn't like the

0:32:26.480 --> 0:32:28.960
<v Speaker 1>fact that you were here illegally or whatever their personal

0:32:28.960 --> 0:32:31.560
<v Speaker 1>biases were, you know. And it's worth noting too that

0:32:31.600 --> 0:32:35.040
<v Speaker 1>in a case like this, because it's such a terrible

0:32:35.320 --> 0:32:41.000
<v Speaker 1>violent crime, the idea that they would allow the perpetrator

0:32:41.040 --> 0:32:44.480
<v Speaker 1>to remain free just so they can close the case

0:32:44.960 --> 0:32:49.440
<v Speaker 1>and put your life, you know, which they viewed as expendable. Apparently,

0:32:49.880 --> 0:32:53.280
<v Speaker 1>it's really another very serious thing to look at, right,

0:32:53.320 --> 0:32:56.000
<v Speaker 1>I mean, the people in that community were in danger.

0:32:56.240 --> 0:32:59.880
<v Speaker 1>They still are, right, And let's talk about that. Because Samantha,

0:33:00.320 --> 0:33:04.560
<v Speaker 1>whose mother and grandmother were killed, she had been in

0:33:04.640 --> 0:33:08.080
<v Speaker 1>and out of mental institutions dozens of times, right.

0:33:08.040 --> 0:33:10.200
<v Speaker 3>In the upwards of like sixty I think she said

0:33:10.200 --> 0:33:13.160
<v Speaker 3>at the post conviction hearing she was Baker acted, which

0:33:13.240 --> 0:33:18.160
<v Speaker 3>is Florida's involuntary mental health commitment sixty times six zero.

0:33:18.320 --> 0:33:21.720
<v Speaker 1>That is, folks, right. So I mean that's a full

0:33:21.760 --> 0:33:24.120
<v Speaker 1>on revolving door in and out of mental institution. And

0:33:24.160 --> 0:33:29.120
<v Speaker 1>the fact is that, as I understand it, she actually

0:33:29.680 --> 0:33:31.840
<v Speaker 1>vocalized her plan when she was in the mental institution.

0:33:31.960 --> 0:33:33.520
<v Speaker 1>She said that she was going to do this right

0:33:33.600 --> 0:33:36.600
<v Speaker 1>in front of other people. Yeah, there was a she announced.

0:33:36.160 --> 0:33:38.120
<v Speaker 3>It a couple of years before the murders. On one

0:33:38.120 --> 0:33:40.640
<v Speaker 3>of her Baker acts. She had to be restrained because

0:33:40.640 --> 0:33:43.600
<v Speaker 3>she was so violent in the hospital, kicking, spitting, throwing things,

0:33:44.000 --> 0:33:46.200
<v Speaker 3>and she said, with her mother right next to her,

0:33:46.240 --> 0:33:47.880
<v Speaker 3>I'll kill you. I'll kill all of you when I

0:33:47.880 --> 0:33:48.240
<v Speaker 3>get out.

0:33:49.040 --> 0:33:51.360
<v Speaker 1>I'll kill you. I'll kill all of you when I

0:33:51.400 --> 0:33:54.680
<v Speaker 1>get out. And I guess she should have taken her

0:33:54.720 --> 0:33:58.560
<v Speaker 1>a little more seriously, and then we wouldn't be sitting

0:33:58.560 --> 0:34:01.280
<v Speaker 1>and having this conversation at all. And in fact, we

0:34:01.360 --> 0:34:05.320
<v Speaker 1>know now too that her biological evidence was found all

0:34:05.320 --> 0:34:07.440
<v Speaker 1>over the clime scene, right, not just because she lived

0:34:07.440 --> 0:34:12.319
<v Speaker 1>there part time, but because she had actually done these

0:34:12.440 --> 0:34:17.400
<v Speaker 1>gruesome deeds and then left her own blood for eight.

0:34:17.280 --> 0:34:22.240
<v Speaker 3>Separate bloodstains within inches of the victim's blood throughout the trailer.

0:34:22.400 --> 0:34:23.640
<v Speaker 3>None of Clemente's DNA.

0:34:23.880 --> 0:34:29.000
<v Speaker 2>So I always though I stand up in court before

0:34:29.040 --> 0:34:31.160
<v Speaker 2>my trial and asked for the DNA to be destined.

0:34:32.120 --> 0:34:34.040
<v Speaker 2>They just told me, I need to be a specific.

0:34:35.480 --> 0:34:37.279
<v Speaker 2>I don't know what is specific me. I thought, it's

0:34:37.280 --> 0:34:38.960
<v Speaker 2>a crime scene. You want to investigate, you want to

0:34:39.000 --> 0:34:43.000
<v Speaker 2>test everything, because this is when I interact with the

0:34:43.040 --> 0:34:45.040
<v Speaker 2>Innercy Project, And they asked me, what do you want

0:34:45.160 --> 0:34:53.000
<v Speaker 2>us to tell? I say everything, everything, her nails, the cheats, everything.

0:34:53.560 --> 0:34:56.080
<v Speaker 2>So it was one hundred and ninety seven pieces of

0:34:56.120 --> 0:35:02.840
<v Speaker 2>evidence with blood, which nobody tells. Ever, So pictured yourself

0:35:03.600 --> 0:35:07.920
<v Speaker 2>accused of a crime, which have so many pieces the

0:35:08.000 --> 0:35:11.080
<v Speaker 2>evidence to be testing for DNA. Neither the stay or

0:35:11.120 --> 0:35:14.440
<v Speaker 2>you attorney tested, And you asked the George VOCALI please

0:35:15.640 --> 0:35:17.680
<v Speaker 2>made my attorney tested. Then he said, you need to

0:35:17.680 --> 0:35:24.759
<v Speaker 2>be a specific. Why would I be specific? Test everything? Right?

0:35:24.960 --> 0:35:26.920
<v Speaker 2>I want to prove that I didn't do it. Maybe

0:35:26.960 --> 0:35:30.960
<v Speaker 2>the killer left something behind. It was always always my argument,

0:35:32.400 --> 0:35:34.520
<v Speaker 2>you are not going to find my blood there because

0:35:34.520 --> 0:35:37.360
<v Speaker 2>I didn't do it. If you test it, maybe you

0:35:37.440 --> 0:35:41.480
<v Speaker 2>find something else right, the accusum or rape, the accuracyme

0:35:41.600 --> 0:35:45.760
<v Speaker 2>of killing, the acacimea, all of these things. I'm for eleven.

0:35:45.800 --> 0:35:48.160
<v Speaker 2>If I start somebody one hundred and twenty nine times,

0:35:48.160 --> 0:35:50.040
<v Speaker 2>I ain't going to have this splatter blood all over me.

0:35:51.680 --> 0:35:56.200
<v Speaker 2>No one drop of splatter blood in me. Everything is contact.

0:35:56.760 --> 0:35:59.879
<v Speaker 2>Like I say, it was my footprint on a round chair.

0:36:00.200 --> 0:36:06.719
<v Speaker 2>They are all down. A mirror was down and it's

0:36:06.760 --> 0:36:09.640
<v Speaker 2>not a footprint under it, it's on top of it.

0:36:10.800 --> 0:36:13.600
<v Speaker 2>They found her then that mirror, she saying crouded. That

0:36:13.680 --> 0:36:17.279
<v Speaker 2>mirror was on the wall when she left. But they

0:36:17.280 --> 0:36:24.279
<v Speaker 2>found her blooded and ain't her fingerprint? No mind, so

0:36:25.880 --> 0:36:40.080
<v Speaker 2>they didn't. There's nothing. So here I go to death

0:36:40.200 --> 0:36:44.239
<v Speaker 2>Row no English. Beat up. They beating me up all

0:36:44.280 --> 0:36:47.279
<v Speaker 2>the time because I don't speak English. Row and that

0:36:47.520 --> 0:36:52.880
<v Speaker 2>row yeah, the guards, No, No, the emails the guards

0:36:54.440 --> 0:36:58.560
<v Speaker 2>because they thought I was acting, so they thought it

0:36:58.640 --> 0:37:04.640
<v Speaker 2>by beating me up, I will speak English. So I

0:37:04.680 --> 0:37:07.560
<v Speaker 2>started taking newspapers from garbage to start reading. I don't

0:37:07.600 --> 0:37:10.160
<v Speaker 2>know what I was reading. And then I asked for

0:37:10.200 --> 0:37:13.080
<v Speaker 2>a Bible because I got a Bible in Spanish, you see.

0:37:14.280 --> 0:37:16.239
<v Speaker 2>So I say, maybe with a Bible in English, I

0:37:16.239 --> 0:37:18.880
<v Speaker 2>can translate, it's going to be more easier for me.

0:37:19.600 --> 0:37:22.520
<v Speaker 2>And they send me a Penhouse letter Book number four,

0:37:23.040 --> 0:37:28.520
<v Speaker 2>four hundred and seventeen pages. Penhouse letter Book. It's a

0:37:28.560 --> 0:37:31.279
<v Speaker 2>foot book, you see.

0:37:31.320 --> 0:37:31.759
<v Speaker 1>I didn't know.

0:37:31.840 --> 0:37:32.839
<v Speaker 2>I didn't know what it was.

0:37:33.040 --> 0:37:37.040
<v Speaker 3>The other inmates, so we asked for a Bible because

0:37:37.040 --> 0:37:40.360
<v Speaker 3>you want to learn English, and the other inmates, I

0:37:40.360 --> 0:37:42.839
<v Speaker 3>guess thought it would be funny or I'm not really sure,

0:37:42.880 --> 0:37:43.880
<v Speaker 3>but that's how.

0:37:43.960 --> 0:37:47.000
<v Speaker 2>That's what they give them, Penhouse letter Book number four.

0:37:47.719 --> 0:37:50.320
<v Speaker 2>So that's what I got. That's what I started reading.

0:37:51.080 --> 0:37:53.799
<v Speaker 2>So I stay at night when it was quiet and

0:37:53.840 --> 0:37:55.719
<v Speaker 2>there was no light. That's why my eyes I all

0:37:55.719 --> 0:38:00.600
<v Speaker 2>missedtop now and I gave the light from the hallway

0:38:00.760 --> 0:38:03.600
<v Speaker 2>and I got a beat up dic scenario in Spanish

0:38:03.640 --> 0:38:06.120
<v Speaker 2>and English, and I will go there and I will

0:38:06.160 --> 0:38:10.759
<v Speaker 2>go with the letters. I read it seventeen times, the book,

0:38:11.600 --> 0:38:12.239
<v Speaker 2>the Fat Book.

0:38:12.560 --> 0:38:15.120
<v Speaker 4>Yes, so I taught himself English.

0:38:15.160 --> 0:38:15.920
<v Speaker 1>That's amazing.

0:38:16.200 --> 0:38:23.520
<v Speaker 2>But the seventeenth time, I'm start getting a roused. And

0:38:23.600 --> 0:38:26.200
<v Speaker 2>I got so happy. Not because I got roused, you know.

0:38:27.320 --> 0:38:29.600
<v Speaker 2>I got so happy because I got roused because I

0:38:29.600 --> 0:38:33.160
<v Speaker 2>wasn't understanding what I was reading. But now I want

0:38:33.200 --> 0:38:34.759
<v Speaker 2>to prove to my mother that I didn't do this.

0:38:36.120 --> 0:38:39.239
<v Speaker 2>And I started writing letters. One hundred and seventy five

0:38:39.320 --> 0:38:44.239
<v Speaker 2>letters I wrote. I wrote, Oprah, I said, I don't

0:38:44.239 --> 0:38:45.600
<v Speaker 2>know who you are, but they telling me you they

0:38:45.640 --> 0:38:48.560
<v Speaker 2>could not television. Maybe you know somebody who can teest

0:38:48.560 --> 0:38:51.359
<v Speaker 2>this evidence. They turny came me for something I didn't do.

0:38:52.120 --> 0:38:53.920
<v Speaker 2>And next to it, I would put a letter in

0:38:54.000 --> 0:38:57.560
<v Speaker 2>Spanish too, so it was somebody who speaks Spanish in

0:38:57.560 --> 0:39:02.640
<v Speaker 2>my English? Was that bad? They can translated? One answered

0:39:02.680 --> 0:39:08.200
<v Speaker 2>me back Innocent Prague of New York in Emerson Morrison

0:39:08.360 --> 0:39:11.200
<v Speaker 2>in a Marrison from the Innocent Project. And I got

0:39:11.239 --> 0:39:14.760
<v Speaker 2>to meet Maria. Remember I just have a pull defender.

0:39:14.840 --> 0:39:16.840
<v Speaker 2>I didn't never have a private attorney. I don't know

0:39:16.840 --> 0:39:19.960
<v Speaker 2>what it's like. And she told me she would never

0:39:20.080 --> 0:39:22.799
<v Speaker 2>like to me, and that she will work hard, and

0:39:22.800 --> 0:39:25.600
<v Speaker 2>that she thought it was something wrong in my case.

0:39:26.440 --> 0:39:29.040
<v Speaker 2>They got some papers, were working and then we pushed

0:39:29.080 --> 0:39:32.080
<v Speaker 2>for DNA. They allow us to test eighty two pieces

0:39:32.080 --> 0:39:32.640
<v Speaker 2>of evidence.

0:39:32.719 --> 0:39:36.600
<v Speaker 3>First, the first time, there's two drops of Samantha's blood,

0:39:36.640 --> 0:39:38.960
<v Speaker 3>and then we asked for the rest. Of course, the

0:39:39.000 --> 0:39:42.040
<v Speaker 3>state agreed to blood the first time, and then once

0:39:42.080 --> 0:39:44.759
<v Speaker 3>Samantha's blood came back and they had evidence of her

0:39:44.800 --> 0:39:48.080
<v Speaker 3>confessions which they withheld from us for anywhere from around

0:39:48.080 --> 0:39:51.080
<v Speaker 3>two years or maybe longer, hard to say, they objected

0:39:51.080 --> 0:39:53.600
<v Speaker 3>to any more testing. After two drops of her blood

0:39:53.600 --> 0:39:57.400
<v Speaker 3>come back. She's admitted that she's killed her family. They

0:39:57.440 --> 0:40:00.600
<v Speaker 3>object to more DNA testing, but it was granted, thankfully.

0:40:00.880 --> 0:40:03.239
<v Speaker 1>And she confessed on a number of occasions to a

0:40:03.280 --> 0:40:04.200
<v Speaker 1>number of different people.

0:40:04.280 --> 0:40:06.719
<v Speaker 3>Yeah, I think it's somewhere around seven or nine. But

0:40:07.080 --> 0:40:10.279
<v Speaker 3>this first one was a Baker act, one of her

0:40:10.280 --> 0:40:13.000
<v Speaker 3>many Baker acts, where she had tried to burn the

0:40:13.000 --> 0:40:15.319
<v Speaker 3>trailer down and sort of set herself on fire. She

0:40:15.400 --> 0:40:17.680
<v Speaker 3>was like set some bedding on fire, and she told

0:40:18.040 --> 0:40:20.239
<v Speaker 3>a neighbor who told the police that demons in her

0:40:20.239 --> 0:40:21.800
<v Speaker 3>head had made her kill her family.

0:40:22.640 --> 0:40:26.320
<v Speaker 2>She told her best friend Nikki and two separate occasions

0:40:27.040 --> 0:40:30.279
<v Speaker 2>did she call her mother? When Nikki asked her, what

0:40:30.400 --> 0:40:34.960
<v Speaker 2>did you do? I heard them doing any stubbing motion

0:40:35.080 --> 0:40:40.200
<v Speaker 2>to her chest, her grandma Guy's tab in chest. According

0:40:40.239 --> 0:40:46.680
<v Speaker 2>to the medical Salminar, So, I never seen this woman

0:40:46.800 --> 0:40:50.400
<v Speaker 2>named Nikki in my life. I don't know her. She

0:40:50.520 --> 0:40:54.520
<v Speaker 2>came forward to this day attorney and they sent her back.

0:40:54.680 --> 0:40:55.640
<v Speaker 1>So they didn't want to hear it.

0:40:55.719 --> 0:40:56.960
<v Speaker 2>Oh, they don't want to hear it. They say they

0:40:57.000 --> 0:41:01.839
<v Speaker 2>got the killer. But she contact my defensitorneys and told

0:41:01.840 --> 0:41:05.560
<v Speaker 2>them too. Wow. She testified it the conviction hearing.

0:41:06.320 --> 0:41:08.800
<v Speaker 1>Kudus to her for not giving up right, because it

0:41:08.800 --> 0:41:10.600
<v Speaker 1>would have been pretty easy for her to go to

0:41:10.640 --> 0:41:12.600
<v Speaker 1>the police and say I want to talk and they

0:41:12.640 --> 0:41:14.600
<v Speaker 1>say no, and then she goes, well, I try my best.

0:41:14.640 --> 0:41:16.160
<v Speaker 1>What am I going to do? Right? But she actually

0:41:16.200 --> 0:41:18.359
<v Speaker 1>took it to the next level and contacted view.

0:41:18.600 --> 0:41:20.560
<v Speaker 3>Yeah, and we had been piecing it together who she

0:41:20.680 --> 0:41:23.359
<v Speaker 3>was based on the police report, because we could tell

0:41:23.440 --> 0:41:26.640
<v Speaker 3>that's who the person was in the statement that Samantha

0:41:26.640 --> 0:41:27.080
<v Speaker 3>had made.

0:41:26.920 --> 0:41:30.319
<v Speaker 1>The statement to So now they start trying to backpedal.

0:41:30.400 --> 0:41:32.520
<v Speaker 1>Right Now, all of a sudden, they're like, wait a minute,

0:41:32.560 --> 0:41:36.279
<v Speaker 1>We're going to stop cooperating and stop giving you access. Yes,

0:41:36.320 --> 0:41:38.960
<v Speaker 1>And that's when the dream team really kicks into gear, right.

0:41:39.000 --> 0:41:40.560
<v Speaker 1>I mean you had not just you and Nina, but

0:41:40.680 --> 0:41:42.000
<v Speaker 1>Josh Dubin. Yeah.

0:41:42.000 --> 0:41:43.520
<v Speaker 4>So that was at the retrial.

0:41:43.640 --> 0:41:46.160
<v Speaker 3>So the post conviction hearing was done just by myself

0:41:46.200 --> 0:41:48.719
<v Speaker 3>and Marie Palmer, who's my law partner now in our

0:41:48.760 --> 0:41:51.479
<v Speaker 3>investigator Polly, and then Nina came down for the first

0:41:51.520 --> 0:41:54.360
<v Speaker 3>two days of the evidentiary hearing in twenty thirteen. That

0:41:54.520 --> 0:41:57.160
<v Speaker 3>was a two week hearing that we put on tons

0:41:57.200 --> 0:41:59.960
<v Speaker 3>and tons of witnesses, all the DNA, all of the confession,

0:42:00.080 --> 0:42:03.560
<v Speaker 3>and then we lost, of course at the circuit court level.

0:42:03.760 --> 0:42:08.239
<v Speaker 3>And we knew that we always had the idea of

0:42:08.280 --> 0:42:10.759
<v Speaker 3>getting a bigger team on this case. You know, It's

0:42:10.760 --> 0:42:13.560
<v Speaker 3>one thing when lawyers from my office at the time,

0:42:13.920 --> 0:42:15.680
<v Speaker 3>you know, stand up before the flour spring court and

0:42:15.719 --> 0:42:18.120
<v Speaker 3>say this is a travesty. It's quite another when we

0:42:18.200 --> 0:42:21.040
<v Speaker 3>get the Innocence Project and private law firms and you know,

0:42:21.120 --> 0:42:23.520
<v Speaker 3>people really fighting for this. It makes a difference. So

0:42:23.560 --> 0:42:25.920
<v Speaker 3>that was always our plan, and Nina was of course

0:42:26.040 --> 0:42:29.280
<v Speaker 3>amazing and instrumental in getting us help. So we got

0:42:29.480 --> 0:42:31.759
<v Speaker 3>lawyers from Alabama to do the appeal with us.

0:42:32.280 --> 0:42:34.520
<v Speaker 4>They did the appeal at the flour Spring Court.

0:42:34.560 --> 0:42:36.640
<v Speaker 3>We all worked on it and we got the reversal

0:42:36.680 --> 0:42:39.680
<v Speaker 3>in twenty sixteen, and that's when sort of the trial

0:42:39.719 --> 0:42:43.080
<v Speaker 3>team really came back together. And so my role sort

0:42:43.120 --> 0:42:46.480
<v Speaker 3>of formally ended in twenty sixteen, and then I just

0:42:46.520 --> 0:42:49.360
<v Speaker 3>consulted with the trial team and talked to Clemente every

0:42:49.400 --> 0:42:51.360
<v Speaker 3>Sunday for two and a half years while he was

0:42:51.400 --> 0:42:52.440
<v Speaker 3>waiting his retrial.

0:42:52.920 --> 0:42:56.080
<v Speaker 2>Well, let me tell you something. We have a DNA

0:42:56.560 --> 0:42:59.200
<v Speaker 2>a confession for the perpetrator who DNA was found in

0:42:59.239 --> 0:43:02.440
<v Speaker 2>the cricy, which is say she wasn't there, red fresh,

0:43:03.200 --> 0:43:08.000
<v Speaker 2>red bright. And then we have a judge. We have

0:43:08.080 --> 0:43:12.759
<v Speaker 2>a judge who keep denying. Now we don't understand what

0:43:12.800 --> 0:43:15.600
<v Speaker 2>these judgeph followed the law. Right later we find out

0:43:15.640 --> 0:43:18.480
<v Speaker 2>that she's got thetagenda against me, using my case to

0:43:18.480 --> 0:43:21.640
<v Speaker 2>get a promotion. She has stayed a sixty seventh page

0:43:21.840 --> 0:43:24.239
<v Speaker 2>drueling against me and brag about it.

0:43:24.480 --> 0:43:26.120
<v Speaker 1>So she was trying to get elevated.

0:43:26.440 --> 0:43:29.160
<v Speaker 2>Yeah, and used his case, used my case about it.

0:43:29.880 --> 0:43:33.200
<v Speaker 3>Yeah. She eventually was recused and did not preside over

0:43:33.440 --> 0:43:35.920
<v Speaker 3>the retrial. That's when Josh came on, Josh Stephens. He

0:43:36.440 --> 0:43:39.040
<v Speaker 3>did the jury selection and in front of her first

0:43:39.040 --> 0:43:43.160
<v Speaker 3>time in February of twenty eighteen, and her complete lack

0:43:43.200 --> 0:43:48.080
<v Speaker 3>of knowledge of the law. I mean, Josh just pointed

0:43:48.120 --> 0:43:49.960
<v Speaker 3>it out and we were able to recuse her from

0:43:49.960 --> 0:43:53.680
<v Speaker 3>the case. And then the trial started in October of

0:43:53.760 --> 0:43:57.400
<v Speaker 3>twenty eighteen with quite a team Josh picking the jury,

0:43:57.480 --> 0:44:02.800
<v Speaker 3>Maury Parmer who's my law partner, Lindsay Me, Dylan Blackbrooks Proctor,

0:44:02.880 --> 0:44:05.480
<v Speaker 3>I mean, just Jeff Howitz. There was like, at one

0:44:05.520 --> 0:44:07.759
<v Speaker 3>point Clemente said, what did you tell them?

0:44:07.920 --> 0:44:08.120
<v Speaker 1>Oh?

0:44:08.239 --> 0:44:10.120
<v Speaker 2>Man, it was it was too many of them, right,

0:44:10.160 --> 0:44:12.759
<v Speaker 2>And I'm like, hey, yo, yo, making me look bad

0:44:12.800 --> 0:44:14.960
<v Speaker 2>right here. Some of you need to go see down

0:44:15.000 --> 0:44:16.640
<v Speaker 2>the bag, you know, said.

0:44:16.520 --> 0:44:18.640
<v Speaker 3>Some of them on the prosecution side, to make sure

0:44:18.719 --> 0:44:19.600
<v Speaker 3>that it was too many.

0:44:20.640 --> 0:44:23.160
<v Speaker 2>To me, I don't want to look like, why this

0:44:23.239 --> 0:44:25.200
<v Speaker 2>guy got so many lowy, he got money, he might

0:44:25.239 --> 0:44:27.200
<v Speaker 2>have done it, so I don't want them to think

0:44:27.280 --> 0:44:27.600
<v Speaker 2>like that.

0:44:27.640 --> 0:44:31.440
<v Speaker 1>Ever, Wow, you went from having too little help to us, Well,

0:44:31.440 --> 0:44:32.800
<v Speaker 1>you were thinking too much help. But it was not

0:44:32.920 --> 0:44:35.560
<v Speaker 1>the case. And Josh is an amazing guy. I mean

0:44:35.600 --> 0:44:38.560
<v Speaker 1>he It's funny because Nina originally introduced us, I don't

0:44:38.600 --> 0:44:42.960
<v Speaker 1>know whatever, a couple three years ago and he says

0:44:42.960 --> 0:44:46.359
<v Speaker 1>to me, you know, I'm a chury selection expert. I go, yeah,

0:44:46.400 --> 0:44:48.200
<v Speaker 1>he goes, I can look in your eyes and see

0:44:48.239 --> 0:44:53.800
<v Speaker 1>your soul. I was like, so, you know, he's ay,

0:44:54.200 --> 0:44:57.280
<v Speaker 1>here's that guy. He's amazing. Yeah, And he was keeping

0:44:57.320 --> 0:44:59.319
<v Speaker 1>me posted then when he was down there at Florida Argua,

0:44:59.400 --> 0:45:01.280
<v Speaker 1>we were talking and he was giving me the updates

0:45:01.320 --> 0:45:05.040
<v Speaker 1>and he was really Yeah. It was a very intense time,

0:45:05.280 --> 0:45:07.720
<v Speaker 1>even for me watching from the sidelines from a thousand

0:45:07.760 --> 0:45:11.880
<v Speaker 1>miles away. So let's get to the good stuff, okay.

0:45:12.120 --> 0:45:15.600
<v Speaker 1>So then finally your conviction is overturned.

0:45:15.760 --> 0:45:19.440
<v Speaker 2>On now October twenty seven, twenty sixteen, but they kept

0:45:19.440 --> 0:45:22.319
<v Speaker 2>you on death row anyway until and then back to

0:45:22.360 --> 0:45:23.440
<v Speaker 2>the county, back to the.

0:45:23.440 --> 0:45:26.600
<v Speaker 1>County jail, right. And it's amazing because you know, I

0:45:26.640 --> 0:45:28.840
<v Speaker 1>talked to give speeches a lot, and I talked to

0:45:28.920 --> 0:45:32.160
<v Speaker 1>civilians all the time about this work and about cases

0:45:32.200 --> 0:45:36.680
<v Speaker 1>like yours, and almost everyone says, but I understand the

0:45:36.719 --> 0:45:39.800
<v Speaker 1>convictions overturned, you go home. That's not the way it works.

0:45:40.280 --> 0:45:42.040
<v Speaker 1>I mean, sometimes it is, but in your case it

0:45:42.040 --> 0:45:44.239
<v Speaker 1>certainly was not, and the conviction was overturned. They're going

0:45:44.320 --> 0:45:45.840
<v Speaker 1>to retry you because they didn't like losing.

0:45:45.920 --> 0:45:46.080
<v Speaker 5>Right.

0:45:46.160 --> 0:45:50.880
<v Speaker 2>Oh, immediately they say, same day, yeah, same day, they say,

0:45:51.320 --> 0:45:53.319
<v Speaker 2>we are going to retry these I mean, this was.

0:45:53.320 --> 0:45:56.000
<v Speaker 3>A unanimous reversal from the flour Stream Court in which

0:45:56.000 --> 0:45:59.200
<v Speaker 3>the opinion said, no longer is a Garrey the creepy,

0:45:59.239 --> 0:46:03.000
<v Speaker 3>shadowy figure to live next door. He's escapegoat for her crimes.

0:46:03.760 --> 0:46:06.120
<v Speaker 4>That's seven justices of the.

0:46:06.080 --> 0:46:11.160
<v Speaker 3>Flora Supreme Court calling Samantha the murderer and they're still

0:46:11.200 --> 0:46:11.960
<v Speaker 3>trying him again.

0:46:12.640 --> 0:46:15.600
<v Speaker 1>Okay, okay, yeah, I mean this is seven justices in

0:46:15.640 --> 0:46:19.080
<v Speaker 1>the Deep South. Yeah, with a guy who doesn't have

0:46:19.080 --> 0:46:21.399
<v Speaker 1>the same skin color as they do. I mean, they're saying,

0:46:21.440 --> 0:46:24.319
<v Speaker 1>and in the strongest possible way, that this is not

0:46:24.440 --> 0:46:28.319
<v Speaker 1>your crime, that this is a huge mistake. You heard

0:46:28.320 --> 0:46:29.520
<v Speaker 1>those words. How did that feel?

0:46:29.719 --> 0:46:32.120
<v Speaker 3>So the prison doesn't allow They require twenty four hour

0:46:32.239 --> 0:46:34.560
<v Speaker 3>notice for calls, so we couldn't even tell him until

0:46:34.600 --> 0:46:37.239
<v Speaker 3>the next day. So opinions come out every Thursday at

0:46:37.280 --> 0:46:39.520
<v Speaker 3>eleven opinion came out. We knew we couldn't get a

0:46:39.600 --> 0:46:41.480
<v Speaker 3>call to him, but we also knew it was going

0:46:41.520 --> 0:46:42.799
<v Speaker 3>to be on the news, and so I know, I

0:46:42.840 --> 0:46:44.920
<v Speaker 3>did an interview. I think Lindsay did too, and I

0:46:45.000 --> 0:46:48.319
<v Speaker 3>was like, well, Monday, if you're listening, congratulations because we

0:46:48.320 --> 0:46:50.239
<v Speaker 3>were going to get to talk to him until the

0:46:50.239 --> 0:46:50.640
<v Speaker 3>next day.

0:46:50.680 --> 0:46:52.120
<v Speaker 4>But guys on the row heard it.

0:46:52.680 --> 0:46:56.360
<v Speaker 3>They called me, yeah, hey, Tody, they're banging on the

0:46:56.400 --> 0:46:57.399
<v Speaker 3>bars and what.

0:46:57.760 --> 0:47:00.080
<v Speaker 2>I think you want to I say, hold on and

0:47:00.120 --> 0:47:02.000
<v Speaker 2>don't play like that because it's too it's too soon.

0:47:02.120 --> 0:47:05.680
<v Speaker 2>It was six months, twenty days, so they take twenty

0:47:05.680 --> 0:47:09.040
<v Speaker 2>two months in answering and don't play like that. Man.

0:47:09.080 --> 0:47:11.879
<v Speaker 2>You know that's not funny. I'm serious, man. They say

0:47:11.920 --> 0:47:14.040
<v Speaker 2>a funny name like your like by name, like the

0:47:14.120 --> 0:47:18.080
<v Speaker 2>ones you have, so hey, listen up. My neighbors say,

0:47:18.440 --> 0:47:20.880
<v Speaker 2>somebody say Jory want in new trial. Everybody go to

0:47:21.160 --> 0:47:24.840
<v Speaker 2>the news and trying to find it. And I got

0:47:24.880 --> 0:47:29.040
<v Speaker 2>a friend named Alex Alex Pagan who say, yeah, it's

0:47:29.040 --> 0:47:31.879
<v Speaker 2>you Ogani page in seven point four and we went

0:47:31.960 --> 0:47:35.280
<v Speaker 2>there and they were saying I gotta I won't.

0:47:36.480 --> 0:47:38.920
<v Speaker 1>We have limited time left. But in the time that

0:47:38.960 --> 0:47:42.879
<v Speaker 1>we do have. I want to get to the ultimate victory, right,

0:47:43.480 --> 0:47:46.520
<v Speaker 1>So the immediately announce they're going to retry you. They're

0:47:46.560 --> 0:47:48.719
<v Speaker 1>not done fucking with you yet. I can't think of

0:47:48.760 --> 0:47:51.759
<v Speaker 1>a better way to say that. But now you've got

0:47:51.760 --> 0:47:53.440
<v Speaker 1>the dream team, like we said, and you go for

0:47:53.520 --> 0:47:56.960
<v Speaker 1>the new trial, and you want to take this one.

0:47:57.200 --> 0:47:59.520
<v Speaker 3>Sure, we start in November. We had sort of a

0:47:59.520 --> 0:48:02.000
<v Speaker 3>false star in February. We ended up getting rid of

0:48:02.040 --> 0:48:05.400
<v Speaker 3>the judge who was clearly biased against him. Start in

0:48:05.440 --> 0:48:09.160
<v Speaker 3>October with the new chief judge incredibly fair, promised both

0:48:09.200 --> 0:48:12.680
<v Speaker 3>sides a fair trial, and totally delivered jury selections ongoing

0:48:12.760 --> 0:48:17.440
<v Speaker 3>Josh is picking the jury. Two critical in court depositions

0:48:17.719 --> 0:48:21.720
<v Speaker 3>occurred that really sort of crumbled the States case. One

0:48:22.120 --> 0:48:25.080
<v Speaker 3>was the ex wife of Mark van Zant, who discovered

0:48:25.080 --> 0:48:28.320
<v Speaker 3>the bodies. Two of our lawyers, Mary Palmer and Dylan Black,

0:48:28.400 --> 0:48:31.760
<v Speaker 3>went to meet with her. She gave a remarkable story

0:48:31.800 --> 0:48:34.400
<v Speaker 3>in an Affidavid that Mark had always told her that

0:48:34.440 --> 0:48:36.520
<v Speaker 3>Samantha went out the window that night, the night of

0:48:36.560 --> 0:48:38.799
<v Speaker 3>the murders. He had always alibied her, always said that

0:48:38.840 --> 0:48:41.560
<v Speaker 3>she was with him all night. Turns out he was

0:48:41.600 --> 0:48:44.279
<v Speaker 3>a liar. We had listened to about twelve hundred of

0:48:44.280 --> 0:48:47.120
<v Speaker 3>his jail calls over the summer, in which he admitted

0:48:47.120 --> 0:48:49.359
<v Speaker 3>that he was a liar. Mary Palmer did an in

0:48:49.400 --> 0:48:52.480
<v Speaker 3>court deposition of Mark that was just masterful. It was

0:48:52.520 --> 0:48:55.680
<v Speaker 3>like the climactic scene of a movie where he basically

0:48:55.719 --> 0:48:58.080
<v Speaker 3>just admitted that he was a pathological liar and his

0:48:58.120 --> 0:49:01.759
<v Speaker 3>credibility was done. The second one was Josh did a

0:49:01.760 --> 0:49:06.000
<v Speaker 3>deposition of Samantha in court where she effectively said, I

0:49:06.040 --> 0:49:07.640
<v Speaker 3>do a lot of things when I'm drunk. I guess

0:49:07.680 --> 0:49:09.960
<v Speaker 3>it's possible I did this too, and.

0:49:09.920 --> 0:49:10.640
<v Speaker 4>I don't remember.

0:49:10.760 --> 0:49:15.640
<v Speaker 3>So between the actual murderer admitting under oath that she

0:49:15.880 --> 0:49:20.239
<v Speaker 3>maybe committed this crime and her alibi witness admitting that

0:49:20.280 --> 0:49:22.480
<v Speaker 3>he was a pathological liar and that she had gone

0:49:22.520 --> 0:49:26.040
<v Speaker 3>out the window that night, their case was done.

0:49:29.239 --> 0:49:32.040
<v Speaker 1>Were you in the courtroom when you were finally found

0:49:32.040 --> 0:49:32.319
<v Speaker 1>to be.

0:49:32.440 --> 0:49:39.400
<v Speaker 2>Yes, I was. I was numb. Ah, I pray. I

0:49:39.440 --> 0:49:43.440
<v Speaker 2>always think God all w and to me it was

0:49:43.480 --> 0:49:45.520
<v Speaker 2>like I had about her experience. You know, I was

0:49:46.640 --> 0:49:49.440
<v Speaker 2>looking at myself and I'm always going to remember these

0:49:49.920 --> 0:49:52.560
<v Speaker 2>I looking at me saying it over.

0:49:52.880 --> 0:49:55.200
<v Speaker 1>Finally jury came in.

0:49:56.080 --> 0:49:58.080
<v Speaker 4>No, so the state actually announced no.

0:49:58.239 --> 0:50:02.399
<v Speaker 1>Prosper no pross, which is short for a Latin term

0:50:02.440 --> 0:50:05.640
<v Speaker 1>that translates to quote, we shall no longer prosecute.

0:50:07.280 --> 0:50:09.000
<v Speaker 3>They announced nor Pross. We didn't know what they were

0:50:09.080 --> 0:50:11.360
<v Speaker 3>going to do. They had asked for extra time to

0:50:11.400 --> 0:50:13.360
<v Speaker 3>think about it. Turns out they were getting an immigration

0:50:13.440 --> 0:50:15.360
<v Speaker 3>hold put on him because they had never bothered to

0:50:15.400 --> 0:50:17.640
<v Speaker 3>do that in the fourteen years that he was locked up,

0:50:18.040 --> 0:50:20.239
<v Speaker 3>so that you know, he couldn't actually walk free from

0:50:20.239 --> 0:50:23.240
<v Speaker 3>the courtroom, which we were able to rectify later getting

0:50:23.280 --> 0:50:25.000
<v Speaker 3>him an immigration bond. So they had to put the

0:50:25.040 --> 0:50:26.400
<v Speaker 3>icehold on them. But we still didn't know what they

0:50:26.440 --> 0:50:27.480
<v Speaker 3>were going to do. We didn't know if they were

0:50:27.480 --> 0:50:29.839
<v Speaker 3>going to continue to go forward. And they came in.

0:50:30.480 --> 0:50:31.480
<v Speaker 3>Courtroom was full.

0:50:31.800 --> 0:50:32.719
<v Speaker 4>We were all sitting there.

0:50:32.840 --> 0:50:34.520
<v Speaker 3>Nina flew down or like you got to come. We

0:50:34.520 --> 0:50:36.839
<v Speaker 3>think they're going to drop it. I mean, they had

0:50:36.920 --> 0:50:37.760
<v Speaker 3>no way forward.

0:50:37.840 --> 0:50:38.160
<v Speaker 4>Really.

0:50:38.600 --> 0:50:41.000
<v Speaker 3>The state stood up and announced to nol Pross, and

0:50:42.080 --> 0:50:44.560
<v Speaker 3>I know I crumbled into a ball, I think almost

0:50:44.600 --> 0:50:47.560
<v Speaker 3>on the floor. I couldn't believe it, and the judge

0:50:47.600 --> 0:50:50.360
<v Speaker 3>was so kind and kind of gave everybody a minute.

0:50:50.800 --> 0:50:53.560
<v Speaker 3>I went up and hugged Clemente and we were all hugging,

0:50:53.920 --> 0:50:55.480
<v Speaker 3>and then he wanted to.

0:50:55.440 --> 0:50:57.960
<v Speaker 1>Speak, And do you remember what you said?

0:50:58.239 --> 0:51:02.080
<v Speaker 2>Yeah? What did you say? I say, God send you

0:51:02.160 --> 0:51:06.480
<v Speaker 2>angels so you feed, don't hear frogs, and you're angry.

0:51:06.600 --> 0:51:08.719
<v Speaker 2>You have called upon me. And if I hear you,

0:51:10.920 --> 0:51:13.680
<v Speaker 2>I will free you and I will glorify you. I

0:51:13.680 --> 0:51:18.480
<v Speaker 2>will give you many years of life, and I will

0:51:18.520 --> 0:51:22.680
<v Speaker 2>show you my salvation. And it sounds ninety one, fourteen,

0:51:22.719 --> 0:51:27.160
<v Speaker 2>fifteen and sixteen. I think everybody will help me out,

0:51:27.640 --> 0:51:29.719
<v Speaker 2>the ones who send me money, the one to make

0:51:29.800 --> 0:51:33.759
<v Speaker 2>me look like a human being. And I say, you

0:51:33.800 --> 0:51:37.960
<v Speaker 2>don't have an enemy in me from this humble legal immigrant.

0:51:38.080 --> 0:51:40.600
<v Speaker 2>If I can forgive somebody, I forget whoever, don't drunk

0:51:40.719 --> 0:51:45.200
<v Speaker 2>me because I want to live a better life.

0:51:47.880 --> 0:51:51.319
<v Speaker 1>Wow. So I have one more question and then we're

0:51:51.360 --> 0:51:53.040
<v Speaker 1>going to wrap up. I think I already know the

0:51:53.040 --> 0:51:55.200
<v Speaker 1>answer to this question, but I'm going to ask, anyway,

0:51:55.680 --> 0:51:57.880
<v Speaker 1>are you better about what happened to you?

0:52:00.200 --> 0:52:03.160
<v Speaker 2>Angry? Better? Angry? Is what you ask?

0:52:03.320 --> 0:52:05.839
<v Speaker 1>Bitter? Yeah? Better angry? Yeah, it's sort of a similar thing.

0:52:08.400 --> 0:52:12.799
<v Speaker 2>Somehow. I think it's an injustice. It is. I know

0:52:12.840 --> 0:52:19.200
<v Speaker 2>it's an injustice. Yeah, I can say I am angry,

0:52:19.239 --> 0:52:23.120
<v Speaker 2>but I'm not hateful. You know. A long time ago

0:52:23.160 --> 0:52:27.040
<v Speaker 2>I let that go because it was killing me. So

0:52:27.120 --> 0:52:29.600
<v Speaker 2>the way I see it now is I just tried

0:52:29.600 --> 0:52:33.600
<v Speaker 2>to adjust, man, and I get aggravated for things, maybe

0:52:33.600 --> 0:52:36.319
<v Speaker 2>because I got stoke so many years ago. But I

0:52:36.360 --> 0:52:40.000
<v Speaker 2>know I'm gonna get better. It will. It has to

0:52:40.040 --> 0:52:45.040
<v Speaker 2>be to lead it, and it is.

0:52:45.160 --> 0:52:47.600
<v Speaker 1>And it's great to see you here. I almost when

0:52:47.600 --> 0:52:49.160
<v Speaker 1>you were talking about breaking down the corner when I

0:52:49.200 --> 0:52:51.719
<v Speaker 1>was broke down myself at got a little lump in

0:52:51.760 --> 0:52:56.319
<v Speaker 1>my throat. So the tradition here at Wrongful Conviction is

0:52:56.360 --> 0:52:59.480
<v Speaker 1>that at the end of each episode, first thing I

0:52:59.520 --> 0:53:03.040
<v Speaker 1>do is thank you both for coming and being here.

0:53:03.400 --> 0:53:07.160
<v Speaker 1>Thank you having Maria, and of course Shorty. And then

0:53:07.719 --> 0:53:10.000
<v Speaker 1>my favorite part of the show is this, because this

0:53:10.080 --> 0:53:11.880
<v Speaker 1>is the part of the show where I get to

0:53:11.920 --> 0:53:16.319
<v Speaker 1>stop talking and just listen. And so I would like

0:53:16.440 --> 0:53:20.280
<v Speaker 1>to now turn it over to you for any final

0:53:20.320 --> 0:53:23.480
<v Speaker 1>thoughts that you have. Again, thanks for being here and

0:53:23.520 --> 0:53:26.839
<v Speaker 1>for everything that you're doing. And I wish you, you know,

0:53:26.960 --> 0:53:30.359
<v Speaker 1>all the happiness in the world. And so Maria, why

0:53:30.400 --> 0:53:33.040
<v Speaker 1>don't you go first, and then Shorty you can close.

0:53:33.200 --> 0:53:33.439
<v Speaker 4>Sure.

0:53:33.760 --> 0:53:35.359
<v Speaker 3>Thank you so much for having us and for drawing

0:53:35.360 --> 0:53:38.640
<v Speaker 3>attention to this case, and you know, obviously very important

0:53:38.680 --> 0:53:42.600
<v Speaker 3>cause overall. I mean, I think just for the listeners,

0:53:43.640 --> 0:53:44.840
<v Speaker 3>you know, like you said, if they end up on

0:53:44.920 --> 0:53:49.040
<v Speaker 3>jurys like really listen, hold the state to their burden.

0:53:49.960 --> 0:53:55.040
<v Speaker 3>But also when the exoneration happens and all the happiness happens.

0:53:55.239 --> 0:53:57.120
<v Speaker 3>You know, Clemente has a life to live and he's

0:53:57.120 --> 0:53:59.400
<v Speaker 3>trying to piece his life back together, and it's especially

0:53:59.400 --> 0:54:02.520
<v Speaker 3>hard for him because he's not allowed to work right

0:54:02.560 --> 0:54:06.280
<v Speaker 3>now because his immigration case is ongoing. You know, he's

0:54:07.200 --> 0:54:09.799
<v Speaker 3>fortunate for the benefits and the donations of others, and

0:54:09.920 --> 0:54:12.440
<v Speaker 3>that's something that we continue to rely on. So I

0:54:12.440 --> 0:54:14.680
<v Speaker 3>know that Innocence Project is going to do some fundraisers

0:54:14.719 --> 0:54:17.839
<v Speaker 3>for him. He does some speaking and people give him

0:54:17.840 --> 0:54:20.680
<v Speaker 3>donations for that unfortunate that he and I get to spend.

0:54:20.800 --> 0:54:22.719
<v Speaker 3>He lives three miles from my house now in a

0:54:22.760 --> 0:54:26.319
<v Speaker 3>community for exoneries, so we see each other every week

0:54:26.360 --> 0:54:29.160
<v Speaker 3>for laundry and groceries. But you know, any kind of

0:54:29.560 --> 0:54:33.040
<v Speaker 3>donations that listeners are willing to do will have that

0:54:33.080 --> 0:54:37.200
<v Speaker 3>set up pretty quickly. Just really supporting exoneries. It's great

0:54:37.239 --> 0:54:39.440
<v Speaker 3>to do events like this conference that we're at, but

0:54:40.000 --> 0:54:42.799
<v Speaker 3>making sure that you know, after the dust settles in

0:54:43.040 --> 0:54:47.240
<v Speaker 3>their home, we continue to support them.

0:54:47.480 --> 0:54:51.520
<v Speaker 2>Yeah, thank you for having me just stacking him back

0:54:51.520 --> 0:54:56.600
<v Speaker 2>from there. Ukt out is not enough there for you

0:54:56.840 --> 0:55:01.520
<v Speaker 2>after so many years incarcerated, and almost everybody toned that

0:55:01.680 --> 0:55:07.680
<v Speaker 2>back on you. Family members, laws, friends, going away. We

0:55:07.719 --> 0:55:11.360
<v Speaker 2>need medical, we need dental, you know, the mental health.

0:55:14.320 --> 0:55:20.799
<v Speaker 2>But I always remember the three sides of this story, hers,

0:55:21.120 --> 0:55:25.440
<v Speaker 2>his and the truth. They don't test evidence. I mean

0:55:25.480 --> 0:55:27.720
<v Speaker 2>they don't want to find out the truth. That's simple.

0:55:27.760 --> 0:55:30.480
<v Speaker 2>If it defended is so adamant to test the evidence.

0:55:30.520 --> 0:55:33.320
<v Speaker 2>If you are an attorney at there and you client

0:55:33.440 --> 0:55:36.000
<v Speaker 2>asking you to please test the evidence, maybe you should

0:55:36.000 --> 0:55:38.360
<v Speaker 2>listen to him. He might be telling you the truth.

0:55:39.280 --> 0:55:41.759
<v Speaker 2>So thank you for listening, and God bless you all.

0:55:49.960 --> 0:55:52.600
<v Speaker 1>Don't forget to give us a fantastic review wherever you

0:55:52.640 --> 0:55:56.320
<v Speaker 1>get your podcasts. It really helps. And I'm a proud

0:55:56.360 --> 0:55:58.919
<v Speaker 1>donor to the Anesis Project, and I really hope you'll

0:55:59.000 --> 0:56:02.400
<v Speaker 1>join me in support this very important cause and helping

0:56:02.520 --> 0:56:06.399
<v Speaker 1>to prevent future wrongful convictions. Go to innosentsproject dot org

0:56:06.560 --> 0:56:09.279
<v Speaker 1>to learn how to donate and get involved. I'd like

0:56:09.360 --> 0:56:12.360
<v Speaker 1>to thank our production team, Connor Hall and Kevin Wartis.

0:56:12.680 --> 0:56:14.960
<v Speaker 1>The music in the show is by three time OSCAR

0:56:15.000 --> 0:56:18.040
<v Speaker 1>nominated composer Jay Ralph. Be sure to follow us on

0:56:18.080 --> 0:56:22.880
<v Speaker 1>Instagram at Wrongful Conviction and on Facebook at Wrongful Conviction Podcast.

0:56:23.239 --> 0:56:26.280
<v Speaker 1>Wrongful Conviction with Jason Flamm is a production of Lava

0:56:26.320 --> 0:56:33.600
<v Speaker 1>for Good Podcasts in association with Signal Company Number one