1 00:00:02,560 --> 00:00:06,000 Speaker 1: On July ninth, two thousand and six, a shooting ripped 2 00:00:06,000 --> 00:00:11,280 Speaker 1: through a Waterloo, Iowa nightclub. Tanye Jackson was fatally shot. 3 00:00:12,360 --> 00:00:16,160 Speaker 1: Panicked clubgoers flooded nine one one with calls, and in 4 00:00:16,200 --> 00:00:20,759 Speaker 1: the chaos, one name came out, local rapper Jeff Smith. 5 00:00:21,640 --> 00:00:25,800 Speaker 1: The problem Jeff didn't match the description, his car wasn't 6 00:00:25,840 --> 00:00:29,960 Speaker 1: the getaway car. None of it lined up. Yet police 7 00:00:30,000 --> 00:00:36,040 Speaker 1: produced statements that corroborated that initial identification and contradicted the 8 00:00:36,040 --> 00:00:46,400 Speaker 1: facts they already had. This is wrongful conviction. The Fox 9 00:00:46,479 --> 00:00:50,120 Speaker 1: Foundation is proud to support this episode of wrongful conviction 10 00:00:50,479 --> 00:00:53,880 Speaker 1: and the work of After Innocence, a nonprofit that helps 11 00:00:53,960 --> 00:00:58,200 Speaker 1: hundreds of people nationwide rebuild their lives after wrongful incarceration. 12 00:00:58,720 --> 00:01:02,440 Speaker 1: Each year, innocent people are released after spending years behind 13 00:01:02,520 --> 00:01:05,800 Speaker 1: bars for crimes they didn't commit. Nearly all of them 14 00:01:05,920 --> 00:01:08,800 Speaker 1: leave prison with nothing more than the clothes on their backs, 15 00:01:08,959 --> 00:01:11,760 Speaker 1: with no help or compensation from the state as they 16 00:01:11,840 --> 00:01:16,280 Speaker 1: face the steep challenges of rebuilding their lives after wrongful imprisonment. 17 00:01:16,720 --> 00:01:21,679 Speaker 1: After Innocence is changing that After Innocence helps exoneries get 18 00:01:21,720 --> 00:01:25,119 Speaker 1: and make good use of essential services like health care, 19 00:01:25,280 --> 00:01:30,240 Speaker 1: dental care, mental health support, legal aid, financial counseling, and more. 20 00:01:30,440 --> 00:01:32,840 Speaker 1: Since twenty sixteen, they've brought. 21 00:01:32,520 --> 00:01:36,600 Speaker 2: That help to more than eight hundred exoneries across forty 22 00:01:36,600 --> 00:01:40,520 Speaker 2: six states, working tirelessly to ensure that no one released 23 00:01:40,680 --> 00:01:45,200 Speaker 2: after wrongful incarceration is left behind. Learn more at after 24 00:01:45,400 --> 00:01:49,360 Speaker 2: dash innocence dot org and join after Innocence to support 25 00:01:49,400 --> 00:01:50,680 Speaker 2: exoneries as they. 26 00:01:50,600 --> 00:02:03,680 Speaker 1: Rebuild their lives. Welcome back to Wrongful Conviction. I'm Lauren 27 00:02:03,720 --> 00:02:07,559 Speaker 1: Bright Pacheco. Today we're joined again by Tom Freerricks, who 28 00:02:07,720 --> 00:02:11,399 Speaker 1: our audience might recall from our coverage of Jeff Bouprey, 29 00:02:12,000 --> 00:02:15,880 Speaker 1: and during that coverage, Tom brought us another case, a 30 00:02:15,880 --> 00:02:19,760 Speaker 1: man out of Waterloo, Iowa named Jeff Smith, who was 31 00:02:20,120 --> 00:02:23,680 Speaker 1: just released in October twenty twenty five. We couldn't be 32 00:02:23,840 --> 00:02:26,840 Speaker 1: happier for you to be home as the fight continues, 33 00:02:26,919 --> 00:02:29,240 Speaker 1: and we're going to get into all of that right now. 34 00:02:29,600 --> 00:02:32,880 Speaker 1: So Tom, welcome back, and Jeff welcome home. 35 00:02:33,320 --> 00:02:33,720 Speaker 3: Thank you. 36 00:02:34,600 --> 00:02:39,160 Speaker 1: So just tell me a little bit about you before 37 00:02:39,240 --> 00:02:40,040 Speaker 1: all this happened. 38 00:02:40,639 --> 00:02:44,280 Speaker 3: Growing up, I could say I was always one of 39 00:02:44,280 --> 00:02:47,600 Speaker 3: the favorites by of my family because I always had 40 00:02:47,680 --> 00:02:51,240 Speaker 3: the huge smile and full of joy, and it was 41 00:02:51,400 --> 00:02:55,800 Speaker 3: like no money or anything mattered. It was just the love, 42 00:02:56,400 --> 00:02:58,280 Speaker 3: you know, I mean, you give me a hug, and 43 00:02:58,360 --> 00:03:00,720 Speaker 3: it was sincere than that meant more than meeting the 44 00:03:00,760 --> 00:03:04,240 Speaker 3: new pair of shoes. I was staying in des Morning, 45 00:03:04,320 --> 00:03:07,280 Speaker 3: Iowa with my mom and dad, my younger sister, my 46 00:03:07,360 --> 00:03:10,560 Speaker 3: older sister, and I have two older brothers that were 47 00:03:10,560 --> 00:03:13,760 Speaker 3: for me, and we were staying in these apartments called 48 00:03:13,880 --> 00:03:18,280 Speaker 3: Oak Ridge, a very rough neighborhood, and my mom ended 49 00:03:18,320 --> 00:03:21,560 Speaker 3: up catching a drug case. My grandmother came from km 50 00:03:21,600 --> 00:03:25,360 Speaker 3: Mississippi and took back me, my youngest sister and my 51 00:03:25,440 --> 00:03:29,399 Speaker 3: oldest sister, and we were staying in this apartment complex 52 00:03:29,480 --> 00:03:32,280 Speaker 3: called Joe Preacher Homes Public Housing Authority. 53 00:03:32,639 --> 00:03:34,600 Speaker 1: Yeah, I'm pretty notorious too. 54 00:03:34,840 --> 00:03:38,920 Speaker 3: So growing up there it was rough, the lowest of 55 00:03:38,960 --> 00:03:41,400 Speaker 3: the lows and the highest of the highest. But that 56 00:03:41,600 --> 00:03:46,520 Speaker 3: was also a place where you also learned to appreciate 57 00:03:46,640 --> 00:03:50,320 Speaker 3: what you did have minus what you didn't have. And 58 00:03:51,200 --> 00:03:54,680 Speaker 3: I ended up taking a passion for music because it 59 00:03:54,720 --> 00:03:58,240 Speaker 3: was an outlet. Like even growing up my grandmother when 60 00:03:58,320 --> 00:04:01,840 Speaker 3: she was always cooking dinner, Sunday dinner or whatever, cooking 61 00:04:02,040 --> 00:04:06,160 Speaker 3: and she would always just be humming. You know, you 62 00:04:06,240 --> 00:04:08,680 Speaker 3: know what I mean, And it always just sounded soful 63 00:04:08,720 --> 00:04:10,760 Speaker 3: to me, and I'm like I just cop see at 64 00:04:10,800 --> 00:04:13,440 Speaker 3: the table and look at her and listen. I learned 65 00:04:13,440 --> 00:04:16,200 Speaker 3: that through music I could tell my story and I 66 00:04:16,279 --> 00:04:20,120 Speaker 3: was able to write. And then like ten eleven twelve, 67 00:04:20,240 --> 00:04:22,799 Speaker 3: like a lot of my friends was like, yo, wrap 68 00:04:22,880 --> 00:04:25,560 Speaker 3: that again. You know what I mean. You're good, You're great, 69 00:04:25,680 --> 00:04:29,039 Speaker 3: and then I continue to push with the music. But 70 00:04:29,279 --> 00:04:32,040 Speaker 3: growing up in Catton, it was rough for my project. 71 00:04:32,160 --> 00:04:35,200 Speaker 3: So it was like I was nine years old and 72 00:04:35,640 --> 00:04:40,320 Speaker 3: I was going to the school called MacNeil Elementary and 73 00:04:40,400 --> 00:04:42,840 Speaker 3: at that time we were wearing the uniforms. It was 74 00:04:42,920 --> 00:04:45,800 Speaker 3: kaki pants and white shirts. And I was nine years old, 75 00:04:45,839 --> 00:04:47,880 Speaker 3: I remember this. So I was in third grade. So 76 00:04:47,920 --> 00:04:51,200 Speaker 3: I was ironing my clothes and I was looking out 77 00:04:51,240 --> 00:04:55,680 Speaker 3: my window. Now, my grandmother she sold pops candy stuff 78 00:04:55,720 --> 00:04:57,800 Speaker 3: like that. She was a neighborhood Stuart, you know what 79 00:04:57,839 --> 00:05:00,560 Speaker 3: I mean. And there was this guy named Etli and 80 00:05:00,560 --> 00:05:02,640 Speaker 3: I saw him and he walked through and he was like, hey, 81 00:05:02,680 --> 00:05:04,320 Speaker 3: give me one of them pops ready, And I'm talking 82 00:05:04,360 --> 00:05:06,640 Speaker 3: through him through the window. So okay, all right, I 83 00:05:06,720 --> 00:05:09,720 Speaker 3: got you. And it was like ten minutes later, it 84 00:05:09,800 --> 00:05:12,000 Speaker 3: was just like the fourth of July and this guy 85 00:05:12,200 --> 00:05:15,960 Speaker 3: gets shot like sixteen times. And seeing this at the 86 00:05:15,960 --> 00:05:18,480 Speaker 3: age of nine was like, wow. 87 00:05:18,720 --> 00:05:22,760 Speaker 4: Oh, I'm just thinking of you nine years old, Yes, 88 00:05:22,920 --> 00:05:28,520 Speaker 4: ironing your clothing, trying to put your best foot forward 89 00:05:28,760 --> 00:05:30,400 Speaker 4: and being exposed to that. 90 00:05:30,760 --> 00:05:35,279 Speaker 3: Yeah. So growing up I had family in Waterloo, Isla. 91 00:05:35,600 --> 00:05:38,479 Speaker 3: And it was like, you know what, I don't want 92 00:05:38,520 --> 00:05:42,479 Speaker 3: to be around here that much longer because my neighborhood 93 00:05:42,640 --> 00:05:46,080 Speaker 3: was just filled with drugs and game bangers. And the 94 00:05:46,160 --> 00:05:49,600 Speaker 3: older you get, the more you're gonna get into the 95 00:05:50,279 --> 00:05:52,280 Speaker 3: being a product of your environment. 96 00:05:52,839 --> 00:05:57,680 Speaker 1: So Jeff took the initiative to improve his life, but unfortunately, 97 00:05:57,839 --> 00:06:03,000 Speaker 1: a similar environment existed in Waterloo, Iowa, like rival gangs 98 00:06:03,080 --> 00:06:07,080 Speaker 1: and drug trafficking, And while Jeff pursued his music career, 99 00:06:07,520 --> 00:06:08,960 Speaker 1: he was not immune. 100 00:06:09,680 --> 00:06:12,719 Speaker 3: You can dibble and dab in certain things because it 101 00:06:12,839 --> 00:06:16,600 Speaker 3: was around you, and that doesn't make you a bad person. 102 00:06:16,800 --> 00:06:20,080 Speaker 3: You're still at that age figuring out who you are 103 00:06:20,240 --> 00:06:20,960 Speaker 3: as a person. 104 00:06:21,279 --> 00:06:26,200 Speaker 1: But an officer named Bose had already decided what sort 105 00:06:26,240 --> 00:06:30,760 Speaker 1: of person Jeff was. Yes, Officer bos, how many times 106 00:06:30,760 --> 00:06:33,480 Speaker 1: had he pulled you over? Before all this happened? 107 00:06:33,640 --> 00:06:38,200 Speaker 3: Woo oh. I gotta say it was like constant harassment, 108 00:06:38,680 --> 00:06:41,440 Speaker 3: like I know you're out here doing this illegal. I 109 00:06:41,520 --> 00:06:43,440 Speaker 3: know you're doing something and I'm gonna get you. 110 00:06:43,800 --> 00:06:47,000 Speaker 1: But Jeff didn't have the criminal record of others in 111 00:06:47,000 --> 00:06:50,880 Speaker 1: his social circle, like Jeff's fiance's cousin, the victim in 112 00:06:50,920 --> 00:06:55,480 Speaker 1: this case, Kanye Jackson, who had just gotten out of prison, 113 00:06:55,640 --> 00:06:58,719 Speaker 1: which brings us to July ninth, two thousand and six. 114 00:06:59,360 --> 00:07:02,680 Speaker 1: Tanye had a minor argument with Jeff earlier in the 115 00:07:02,760 --> 00:07:06,960 Speaker 1: day and then later that night, Tanye went to a 116 00:07:07,000 --> 00:07:09,800 Speaker 1: club called Chrystyles Club. 117 00:07:09,920 --> 00:07:13,200 Speaker 5: Chris Styles didn't have the greatest reputation. I think there 118 00:07:13,200 --> 00:07:16,040 Speaker 5: were more than one shooting that had occurred, there, regular 119 00:07:16,120 --> 00:07:19,160 Speaker 5: run ins with the police. I think they always kind 120 00:07:19,200 --> 00:07:23,000 Speaker 5: of rode that razor's edge of getting shut down because 121 00:07:23,320 --> 00:07:26,880 Speaker 5: of too much activity. As a result a particular, for 122 00:07:26,960 --> 00:07:29,320 Speaker 5: two thousand and six, they put in one of the 123 00:07:29,320 --> 00:07:37,360 Speaker 5: most spectacular systems of cameras pointing everywhere everywhere. There really 124 00:07:37,440 --> 00:07:39,880 Speaker 5: was matt a square foot of that bar, and they 125 00:07:39,880 --> 00:07:43,240 Speaker 5: did that at the pause of the Waterloo Police Department. Okay, 126 00:07:44,120 --> 00:07:48,679 Speaker 5: there was an adult summer basketball league on a Sunday 127 00:07:48,760 --> 00:07:53,080 Speaker 5: night that was finishing and Club Crys Styles was generally 128 00:07:53,120 --> 00:07:55,520 Speaker 5: not open on a Sunday, and a gentleman butt the 129 00:07:55,600 --> 00:07:58,600 Speaker 5: name of Bud Dunn called the owners and said, look 130 00:07:58,760 --> 00:08:01,600 Speaker 5: open up on Sunday night. We'll get some people here, okay, 131 00:08:02,040 --> 00:08:04,760 Speaker 5: So they opened up the bar. There were varying stories 132 00:08:04,760 --> 00:08:08,280 Speaker 5: of fifteen twenty twenty five different people present at the bar, 133 00:08:08,680 --> 00:08:13,320 Speaker 5: but the standard story of those who saw something say 134 00:08:13,360 --> 00:08:16,280 Speaker 5: that a tall guy six foot one hundred and eighty 135 00:08:16,320 --> 00:08:20,760 Speaker 5: pounds opened up the door of the bar, had a 136 00:08:20,880 --> 00:08:25,200 Speaker 5: handgun with a laser sight on it, scanned the bar 137 00:08:25,680 --> 00:08:28,960 Speaker 5: until they got to Tony A. Jackson Boom boom boom, 138 00:08:29,000 --> 00:08:32,040 Speaker 5: put three bullets in him and then runs from the scene, 139 00:08:32,440 --> 00:08:35,520 Speaker 5: gets into the passenger side of a purple Aurora and 140 00:08:35,559 --> 00:08:36,199 Speaker 5: speeds up. 141 00:08:36,480 --> 00:08:41,200 Speaker 1: Interestingly, during the shooting, bud dune sister Chilandra was on 142 00:08:41,240 --> 00:08:44,640 Speaker 1: the phone with her boyfriend Marlon ERSII, who was in 143 00:08:44,800 --> 00:08:49,440 Speaker 1: jail facing federal drug charges. So that call was recorded 144 00:08:49,920 --> 00:08:53,760 Speaker 1: and there's audio of three shots, as well as Bud 145 00:08:53,840 --> 00:08:57,439 Speaker 1: Dunn naming the shooter with Jeff's stage name Jay Rich. 146 00:08:58,440 --> 00:09:02,160 Speaker 1: Then Bud Dunn called nine to one one, gave a 147 00:09:02,200 --> 00:09:07,080 Speaker 1: fake name and named j Rich again. Then while leaving 148 00:09:07,120 --> 00:09:10,000 Speaker 1: the club, he gave the same fake name but didn't 149 00:09:10,080 --> 00:09:16,280 Speaker 1: identify j Rich. Pretty strange, but he did mention seeing 150 00:09:16,400 --> 00:09:17,480 Speaker 1: the Purple Aurora. 151 00:09:17,960 --> 00:09:20,840 Speaker 5: The police at the scene knew that there was some 152 00:09:20,960 --> 00:09:25,040 Speaker 5: people that might potentially be the type of people that 153 00:09:25,040 --> 00:09:28,080 Speaker 5: would be involved into shooting that were connected to a 154 00:09:28,080 --> 00:09:31,320 Speaker 5: Purple Aurora. Some of the cops speed off to that 155 00:09:31,480 --> 00:09:35,920 Speaker 5: house check the Purple aura sitting outside hot muffler. Good 156 00:09:36,080 --> 00:09:41,000 Speaker 5: people bolt outdoors. They don't catch everybody. They eventually go 157 00:09:41,080 --> 00:09:46,000 Speaker 5: into the house. They find drugs, ammunition, nine millimeter ammunition. Importantly, 158 00:09:46,720 --> 00:09:47,880 Speaker 5: they don't do anything with that. 159 00:09:48,240 --> 00:09:52,120 Speaker 1: Officer Bose was part of that mission to track down 160 00:09:52,120 --> 00:09:54,520 Speaker 1: the Purple Aurora. 161 00:09:53,720 --> 00:09:55,760 Speaker 4: A lead that curiously went. 162 00:09:55,720 --> 00:09:58,880 Speaker 1: Cold as tunnel vision set in over the mention of 163 00:09:59,000 --> 00:10:03,720 Speaker 1: j Rich on the call, and soon the Purple Aurora 164 00:10:04,040 --> 00:10:08,360 Speaker 1: morphed into Jeff's blue Monte Carlo. In the police narrative. 165 00:10:08,320 --> 00:10:10,280 Speaker 5: Jeff is well known to have a blue Monty Carlo. 166 00:10:10,679 --> 00:10:14,040 Speaker 1: Right, and on the tenth the police ransacked your apartment. 167 00:10:14,360 --> 00:10:17,080 Speaker 3: Actually it was people who ransacked at first and then 168 00:10:17,160 --> 00:10:22,120 Speaker 3: the police, so it was like a burglary slash search. 169 00:10:23,160 --> 00:10:27,160 Speaker 5: They find some drugs and a coat that's about four 170 00:10:27,200 --> 00:10:28,280 Speaker 5: sizes too big for. 171 00:10:28,320 --> 00:10:32,760 Speaker 1: Jeff, and by some drugs cocaine. Can we reiterate the 172 00:10:32,800 --> 00:10:33,800 Speaker 1: amount we're talking about? 173 00:10:34,440 --> 00:10:40,080 Speaker 3: Zero point three, not a gram, not an ounce, not 174 00:10:40,200 --> 00:10:42,760 Speaker 3: a key, not none of this. It's not even a ram. 175 00:10:42,760 --> 00:10:46,320 Speaker 3: It's zero point three. And all of this took place 176 00:10:46,400 --> 00:10:49,000 Speaker 3: with not me knowing and me not being there. 177 00:10:49,160 --> 00:10:55,160 Speaker 1: So, Jeff, a friend of yours is killed in a nightclub. Yes, 178 00:10:56,320 --> 00:11:01,000 Speaker 1: tell me when you first heard what went down that night. 179 00:11:02,480 --> 00:11:06,400 Speaker 3: When I got that news, it wasn't like they were saying, hey, 180 00:11:06,440 --> 00:11:09,360 Speaker 3: one of your friends got killed. It was hey, people 181 00:11:09,520 --> 00:11:10,959 Speaker 3: trying to say that you killed. 182 00:11:10,679 --> 00:11:13,080 Speaker 1: Somebody, and you turned yourself. 183 00:11:12,679 --> 00:11:15,439 Speaker 3: In because I know I didn't, So, Jeff, you. 184 00:11:15,400 --> 00:11:18,120 Speaker 1: Thought that you could just walk in and clear it up. 185 00:11:18,200 --> 00:11:21,520 Speaker 3: And clear it up, and that was not the case. 186 00:11:22,040 --> 00:11:25,880 Speaker 3: I came in with the attorney and Robert Montgomery. They asked, 187 00:11:26,080 --> 00:11:28,400 Speaker 3: do we have a warrant for me? And they say yes. 188 00:11:29,000 --> 00:11:31,080 Speaker 3: And I looked at my lawyer and he said, don't 189 00:11:31,120 --> 00:11:33,480 Speaker 3: talk to no one. Just sit tight. You're gonna be 190 00:11:33,520 --> 00:11:35,800 Speaker 3: all right and get you out of here. And so 191 00:11:36,559 --> 00:11:39,240 Speaker 3: at that time, they still didn't tell me what the 192 00:11:39,320 --> 00:11:42,840 Speaker 3: warrant was for. And once I go to booking and 193 00:11:42,880 --> 00:11:45,520 Speaker 3: I'm in there and then the officer comes in and 194 00:11:45,520 --> 00:11:48,040 Speaker 3: he says, yeah, you're being charged with a tempt to 195 00:11:48,080 --> 00:11:51,640 Speaker 3: deliver crack cocaine violation of the drug tax stamp. And 196 00:11:51,679 --> 00:11:54,720 Speaker 3: I'm like, this isn't what I heard I was accused of. 197 00:11:55,280 --> 00:11:59,320 Speaker 3: But now something's really fishy because I didn't have any drugs. 198 00:12:00,559 --> 00:12:05,080 Speaker 1: The police allegedly found these drugs after the apartment had 199 00:12:05,160 --> 00:12:09,120 Speaker 1: already been ransacked, in a coat that was four sizes 200 00:12:09,200 --> 00:12:13,559 Speaker 1: too big for Jeff, and in Iowa, point three grams 201 00:12:13,600 --> 00:12:18,239 Speaker 1: for a first possession offense is typically treated as a misdemeanor. 202 00:12:18,920 --> 00:12:23,320 Speaker 3: The warrant was for attempt to deliver crack cocaine, and 203 00:12:24,040 --> 00:12:27,760 Speaker 3: they hailed me on a one hundred and fifty thousand 204 00:12:27,800 --> 00:12:31,160 Speaker 3: dollars bun so you would need fifteen thousand dollars to 205 00:12:31,200 --> 00:12:31,760 Speaker 3: bun out. 206 00:12:32,080 --> 00:12:35,160 Speaker 1: The possession arrest allowed them to hold Jeff while they 207 00:12:35,280 --> 00:12:38,120 Speaker 1: built a case that was stronger than just hearing his 208 00:12:38,160 --> 00:12:41,280 Speaker 1: stage name from Bud Dunn using a fake name on 209 00:12:41,320 --> 00:12:44,240 Speaker 1: a nine to one one call. And at this time, 210 00:12:44,480 --> 00:12:49,680 Speaker 1: Schilandra Dunn's boyfriend Marlon Ursie, who was facing federal drug charges, 211 00:12:49,920 --> 00:12:54,680 Speaker 1: alerted investigators to his recorded jail phone call, which gave 212 00:12:54,720 --> 00:12:58,280 Speaker 1: them the exact time of the shooting. They also subpoenaed 213 00:12:58,360 --> 00:13:02,160 Speaker 1: Jeff's cell phone record and located Jeff was last on 214 00:13:02,200 --> 00:13:05,560 Speaker 1: the phone with a girl named Tasha Alexander from nine 215 00:13:05,600 --> 00:13:08,720 Speaker 1: to eight to nine ten PM, a few miles away 216 00:13:08,760 --> 00:13:12,600 Speaker 1: from the scene, but in the official narrative, the time 217 00:13:12,640 --> 00:13:16,760 Speaker 1: of the shooting became nine to seventeen PM, theoretically giving 218 00:13:16,840 --> 00:13:20,400 Speaker 1: Jeff enough time to speed over to club Christiles, kill 219 00:13:20,520 --> 00:13:25,200 Speaker 1: Tanye Jackson, and be identified by Bud Dunn, who they 220 00:13:25,720 --> 00:13:29,800 Speaker 1: now have overheard naming Jay Rich on this jail phone recording, 221 00:13:30,280 --> 00:13:35,439 Speaker 1: so they visit Bud and Chilandra remember neither had subsequently 222 00:13:35,600 --> 00:13:39,760 Speaker 1: identified Jeff to police as they left the club that night. 223 00:13:40,679 --> 00:13:44,920 Speaker 5: At the scene, nobody tells the police Jay Rich. Nobody 224 00:13:44,960 --> 00:13:49,240 Speaker 5: tells the police anything. They didn't really get any stories 225 00:13:49,640 --> 00:13:53,160 Speaker 5: from any of the people that supposedly identified Jeff Smith 226 00:13:53,559 --> 00:13:57,080 Speaker 5: and tell about three days later when they basically were 227 00:13:57,080 --> 00:13:59,640 Speaker 5: going yanking people off the streets and telling them that 228 00:13:59,640 --> 00:14:02,240 Speaker 5: you need to tell your story you may face charges. 229 00:14:02,480 --> 00:14:06,200 Speaker 1: Police spoke with Bud and Schilandra, as well as Lawanda Simpson, 230 00:14:06,720 --> 00:14:09,719 Speaker 1: all of whom we're now willing to name Jeff as 231 00:14:09,760 --> 00:14:14,719 Speaker 1: the shooter. But maybe the contradictory initial statements or what 232 00:14:14,800 --> 00:14:20,120 Speaker 1: they individually stood to gain made them impeachable. So investigators 233 00:14:20,200 --> 00:14:24,600 Speaker 1: turned to jel house snitches like Rayshawn mcclarity, who had 234 00:14:24,680 --> 00:14:28,320 Speaker 1: just informed on his co defendants in an armed assault 235 00:14:28,600 --> 00:14:29,640 Speaker 1: and robbery case. 236 00:14:30,120 --> 00:14:34,000 Speaker 3: This guy, Rayshaw mcclarity tells them, I'm going to cooperate 237 00:14:34,040 --> 00:14:37,040 Speaker 3: with you against my code defendants. Right, So it went 238 00:14:37,080 --> 00:14:39,680 Speaker 3: from twenty five years with a seventeen and a half 239 00:14:39,720 --> 00:14:44,240 Speaker 3: year mandatory to ten years with a seven year mandatory. 240 00:14:44,440 --> 00:14:47,960 Speaker 3: So he got his case dropped it there till hey, 241 00:14:47,960 --> 00:14:49,960 Speaker 3: you know what I want some even better. I'm going 242 00:14:50,040 --> 00:14:53,760 Speaker 3: to testify against Jay Rich Jeff Smith. He says that 243 00:14:53,920 --> 00:14:57,200 Speaker 3: we work together for one day at High V in 244 00:14:57,240 --> 00:15:00,040 Speaker 3: the meat department, which we did. He did quit. He 245 00:15:00,080 --> 00:15:04,360 Speaker 3: had worked there for one day, so no other hanging 246 00:15:04,400 --> 00:15:07,040 Speaker 3: out with each other, know each other, calling each other. 247 00:15:07,080 --> 00:15:09,800 Speaker 3: And he says, for this one day of working at 248 00:15:09,800 --> 00:15:12,960 Speaker 3: the meat department, we went outside on lunch break and 249 00:15:13,040 --> 00:15:15,200 Speaker 3: he said that I told him, hey, you want to 250 00:15:15,200 --> 00:15:18,160 Speaker 3: see a gun. I don't know you, never even met you, 251 00:15:18,760 --> 00:15:20,680 Speaker 3: just working with you for this one day, he says, 252 00:15:20,720 --> 00:15:23,000 Speaker 3: I said, hey, you want to see a gun, and 253 00:15:23,040 --> 00:15:25,440 Speaker 3: I showed him the same kind of gun that they 254 00:15:25,520 --> 00:15:26,600 Speaker 3: said killed my friend. 255 00:15:26,960 --> 00:15:29,560 Speaker 1: And it seems that placing a gun like the one 256 00:15:29,640 --> 00:15:32,880 Speaker 1: used to kill Tanya on Jeff was enough to win 257 00:15:33,000 --> 00:15:38,280 Speaker 1: his release. They also found another jailhouse informant named Jeffrey Grafton, who, 258 00:15:38,880 --> 00:15:44,040 Speaker 1: during his recorded interview, was repeatedly prompted with the answers 259 00:15:44,080 --> 00:15:48,680 Speaker 1: to investigators questions. But it appears that the dodgy statement 260 00:15:48,720 --> 00:15:52,280 Speaker 1: gathering went far beyond jailhouse snitches. 261 00:15:52,920 --> 00:15:56,320 Speaker 5: There's even claims from people who Jeff didn't know, saying 262 00:15:56,360 --> 00:15:58,680 Speaker 5: they were telling people, look, if you got something to say, 263 00:15:58,760 --> 00:16:01,400 Speaker 5: we might have something to pay. Officially, there was never 264 00:16:01,440 --> 00:16:05,320 Speaker 5: any reward money. There's claims pet Jeff went to the 265 00:16:05,360 --> 00:16:08,560 Speaker 5: house of a guy named Ira Harrington that people saw 266 00:16:08,640 --> 00:16:10,000 Speaker 5: him with a gun. 267 00:16:10,200 --> 00:16:14,720 Speaker 1: And those were the grandchildren of Harrington's neighbors, the outlaws, 268 00:16:15,160 --> 00:16:18,160 Speaker 1: and the kids were brought in to give statements. 269 00:16:18,640 --> 00:16:22,920 Speaker 3: When you go into the investigation room, there's a camera 270 00:16:22,960 --> 00:16:25,600 Speaker 3: sitting in the corner. Most people don't know that, so 271 00:16:25,640 --> 00:16:28,440 Speaker 3: when an investigator is in there with the grandfather and 272 00:16:28,480 --> 00:16:31,080 Speaker 3: his granddaughter, he says, I need to take a break 273 00:16:31,120 --> 00:16:33,360 Speaker 3: right quick. I'll be right back, And he left the 274 00:16:33,400 --> 00:16:38,160 Speaker 3: grandfather and the granddaughter in there, and the grandfather says, hey, 275 00:16:38,400 --> 00:16:40,360 Speaker 3: you gotta say you saw a blue car, not a 276 00:16:40,400 --> 00:16:44,520 Speaker 3: green car, so your story can match your cousins. She said, Grandpa, 277 00:16:44,560 --> 00:16:45,600 Speaker 3: I know what I saw. 278 00:16:45,840 --> 00:16:46,200 Speaker 1: I saw. 279 00:16:46,840 --> 00:16:49,640 Speaker 3: No, I told you, you have to say you saw 280 00:16:49,680 --> 00:16:52,680 Speaker 3: a blue car the match up with your cousins. And 281 00:16:52,720 --> 00:16:56,560 Speaker 3: she's quiet because it's their grandfather. And this investigator comes 282 00:16:56,600 --> 00:16:58,720 Speaker 3: back in his room. Now don't forget that camera is 283 00:16:58,760 --> 00:17:01,720 Speaker 3: still rolling, and he's is, oh, yeah, she would like 284 00:17:01,760 --> 00:17:04,200 Speaker 3: to tell you that something else you want to clear up. 285 00:17:04,400 --> 00:17:08,400 Speaker 3: And then the story changes. And even though this is recorded, 286 00:17:08,440 --> 00:17:12,000 Speaker 3: and we take this to the judge, it just says, well, 287 00:17:12,000 --> 00:17:13,760 Speaker 3: that's not up to me to decide. We'll leave that 288 00:17:13,880 --> 00:17:15,360 Speaker 3: up to a jury to the side. 289 00:17:15,800 --> 00:17:19,240 Speaker 1: But at least his attorney was privy to this exculpatory 290 00:17:19,359 --> 00:17:24,720 Speaker 1: video evidence. Meanwhile, there should have been dashcam footage from 291 00:17:24,840 --> 00:17:29,840 Speaker 1: the thirteen police cars that arrived on scene that night. 292 00:17:30,520 --> 00:17:33,720 Speaker 5: Every police car that arrived at the scene arrived with 293 00:17:33,800 --> 00:17:36,240 Speaker 5: the lights and sirens, and in fact, in two thousand 294 00:17:36,240 --> 00:17:39,240 Speaker 5: and three, it was the official policy that the fact 295 00:17:39,280 --> 00:17:44,600 Speaker 5: that the lights and sirens on, automatically turns on their cameras. 296 00:17:43,960 --> 00:17:48,239 Speaker 1: And yet not a single dashboard cam is rolling when 297 00:17:48,280 --> 00:17:48,920 Speaker 1: they pull up. 298 00:17:49,440 --> 00:17:51,679 Speaker 5: And you can come up with a number of potential 299 00:17:51,760 --> 00:17:55,840 Speaker 5: theories of why that might be okay, because as they're 300 00:17:55,880 --> 00:17:58,439 Speaker 5: speeding to the scene, there might have been a purple 301 00:17:58,480 --> 00:18:01,760 Speaker 5: aurora speeding away from the seat, okay. 302 00:18:01,680 --> 00:18:05,800 Speaker 1: Or the dashcam footage just conflicted with their narrative in 303 00:18:05,880 --> 00:18:10,840 Speaker 1: some other monumental way, which we'll discuss later. Now, also 304 00:18:10,840 --> 00:18:14,520 Speaker 1: when available to the defense, there's surveillance footage from Club 305 00:18:14,600 --> 00:18:19,200 Speaker 1: Chris Styles fancy news security system. So fast forward three 306 00:18:19,280 --> 00:18:22,680 Speaker 1: years and Jeff was finally taken to trial in two 307 00:18:22,720 --> 00:18:27,480 Speaker 1: thousand and nine, facing these poor manipulated children as well 308 00:18:27,520 --> 00:18:29,399 Speaker 1: as the incentivized witnesses. 309 00:18:30,000 --> 00:18:32,600 Speaker 3: Slandra Dunn looked at me and they said, you see 310 00:18:32,600 --> 00:18:34,960 Speaker 3: the person who did the shooting, And then she looked 311 00:18:34,960 --> 00:18:36,639 Speaker 3: at me and he was like, yeah, he's right there, 312 00:18:36,920 --> 00:18:39,480 Speaker 3: And I'm like, how are you gonna put me somewhere? 313 00:18:39,560 --> 00:18:42,600 Speaker 3: I was never there and I didn't understand it, and 314 00:18:42,640 --> 00:18:44,880 Speaker 3: I just looked and I was just praying in my head, 315 00:18:45,040 --> 00:18:47,840 Speaker 3: like wow, you know. 316 00:18:48,640 --> 00:18:53,760 Speaker 1: Then there were the jailhouse snitches, like mclarity, who had 317 00:18:53,800 --> 00:18:56,640 Speaker 1: walked Scott free from his violent crime. 318 00:18:56,760 --> 00:19:00,840 Speaker 3: Went home free after shooting someone with a shaw offsotgod 319 00:19:01,359 --> 00:19:04,720 Speaker 3: who had a bright future and crippling it. But all 320 00:19:04,760 --> 00:19:06,840 Speaker 3: of that didn't matter as long as he was able 321 00:19:06,840 --> 00:19:07,879 Speaker 3: to testify against me. 322 00:19:07,920 --> 00:19:11,960 Speaker 1: A lot just wash the slate clean by setting you up. Yes, 323 00:19:12,040 --> 00:19:17,200 Speaker 1: it so. Without a fuller investigation into the narrative that 324 00:19:17,240 --> 00:19:20,399 Speaker 1: the state had built, the time of the shooting was 325 00:19:20,480 --> 00:19:26,160 Speaker 1: accepted to be nine seventeen PM, neutering Jeff's alibi, the 326 00:19:26,160 --> 00:19:31,480 Speaker 1: purple Aurora became the blue Monte Carlo, A shooter over 327 00:19:31,560 --> 00:19:35,520 Speaker 1: six foot became five foot seven, and a well known 328 00:19:35,600 --> 00:19:38,600 Speaker 1: local rapper who was not named by witnesses at the 329 00:19:38,600 --> 00:19:43,399 Speaker 1: club that night was now identified from those same witnesses 330 00:19:43,520 --> 00:19:44,320 Speaker 1: from the stand. 331 00:19:45,359 --> 00:19:49,480 Speaker 3: The worst part about that whole thing, when they read 332 00:19:49,520 --> 00:19:52,760 Speaker 3: that verdict, it was like I didn't hear nothing else 333 00:19:52,920 --> 00:19:57,080 Speaker 3: in that courtroom except for my mom breaking down crying. 334 00:19:58,640 --> 00:20:02,520 Speaker 3: I didn't hear the victim's family celebrating. I didn't hear 335 00:20:03,119 --> 00:20:06,159 Speaker 3: my friend saying anything to me. The only thing that 336 00:20:06,240 --> 00:20:09,720 Speaker 3: I heard was my mom breaking down crime. Everything else 337 00:20:09,800 --> 00:20:12,200 Speaker 3: was silent. I couldn't even hold my mom. I couldn't 338 00:20:12,240 --> 00:20:15,159 Speaker 3: even tell her it's okay. I couldn't kiss her on 339 00:20:15,200 --> 00:20:19,040 Speaker 3: the forehead, and she just broke down and it was 340 00:20:19,119 --> 00:20:35,880 Speaker 3: just all now, my baby, my baby, my baby. If 341 00:20:35,920 --> 00:20:40,679 Speaker 3: you don't have faith, you better find it and you 342 00:20:40,760 --> 00:20:44,640 Speaker 3: better hold on to it and never lose it. If 343 00:20:44,680 --> 00:20:47,719 Speaker 3: it wasn't for my mom. And keep in mind, my 344 00:20:47,800 --> 00:20:51,840 Speaker 3: mom had a drug addiction for almost my whole life. 345 00:20:52,720 --> 00:20:55,560 Speaker 3: So when I caught this case and she came to Iowa, 346 00:20:56,280 --> 00:20:59,320 Speaker 3: she came on a mission, as if God called her 347 00:20:59,320 --> 00:21:01,440 Speaker 3: and say, you missed a lot of time in your 348 00:21:01,440 --> 00:21:03,399 Speaker 3: son's life, but I need you to get on your 349 00:21:03,480 --> 00:21:07,520 Speaker 3: job now. And she put her boots on and grabbed 350 00:21:07,560 --> 00:21:11,720 Speaker 3: her shield and her armor, and man, she was there, 351 00:21:12,359 --> 00:21:16,000 Speaker 3: and she said, pick your head up. Don't you be mad, 352 00:21:16,400 --> 00:21:19,320 Speaker 3: don't be angry, don't be bitter. Pick your head up 353 00:21:19,400 --> 00:21:24,399 Speaker 3: and smile that same smile that's so beautiful. You better smile. 354 00:21:25,080 --> 00:21:27,840 Speaker 3: And I'll just be like I'm going through the most, 355 00:21:28,720 --> 00:21:31,480 Speaker 3: you know, like I have a right to be angry. 356 00:21:31,520 --> 00:21:35,439 Speaker 3: I didn't do nothing. They got me stuck here, and 357 00:21:35,480 --> 00:21:37,960 Speaker 3: she just said, don't worry about that. Baby. God got you, 358 00:21:38,359 --> 00:21:40,080 Speaker 3: And she said I talk to him every night. I 359 00:21:40,119 --> 00:21:42,280 Speaker 3: know he got you, and I would just look at 360 00:21:42,320 --> 00:21:44,840 Speaker 3: her and I said, Mom, sometimes it hurts the smile. 361 00:21:45,440 --> 00:21:48,400 Speaker 3: And she said, if you acknowledge that pain, and you said, 362 00:21:48,400 --> 00:21:51,960 Speaker 3: it hurts the smile. You letting them win. Your smile 363 00:21:52,880 --> 00:21:55,920 Speaker 3: is the joy. And if you let somebody else take 364 00:21:55,960 --> 00:21:59,520 Speaker 3: your joy away from you, what do you have left? 365 00:22:01,000 --> 00:22:06,080 Speaker 1: But days turned to weeks, turned two months, turned to years, 366 00:22:06,160 --> 00:22:08,119 Speaker 1: turned to two decades. 367 00:22:08,560 --> 00:22:13,040 Speaker 3: I held on to knowing that I was innocent. Eventually 368 00:22:13,040 --> 00:22:16,320 Speaker 3: someone's gonna see this. Eventually the right thing is gonna 369 00:22:16,320 --> 00:22:19,960 Speaker 3: be done. And my mom always reassured me that I'm 370 00:22:19,960 --> 00:22:22,399 Speaker 3: gonna stay on this journey with you because I believe 371 00:22:22,440 --> 00:22:24,600 Speaker 3: in you too, and I too know that you didn't 372 00:22:24,640 --> 00:22:26,760 Speaker 3: do this, and we're gonna get through this. 373 00:22:27,480 --> 00:22:30,920 Speaker 1: But before he could even begin fighting the murder conviction, 374 00:22:31,480 --> 00:22:34,440 Speaker 1: he still had to fight the possession of zero point 375 00:22:34,600 --> 00:22:38,439 Speaker 1: three grams, for which they charged him with intent to sell, 376 00:22:38,960 --> 00:22:41,919 Speaker 1: offering him a plea deal for ten years. 377 00:22:42,440 --> 00:22:46,199 Speaker 3: Catherine Mahoney, she represented me on this drug case and 378 00:22:47,200 --> 00:22:50,240 Speaker 3: we beat this drug case. And she was like, something 379 00:22:50,320 --> 00:22:52,639 Speaker 3: is wrong, and she's seen the same thing that I said. 380 00:22:53,080 --> 00:22:55,639 Speaker 3: If you did everything by the book, why would you 381 00:22:55,680 --> 00:22:57,359 Speaker 3: be trying to give me more time when I have 382 00:22:57,560 --> 00:23:01,320 Speaker 3: life without the possibility of parole, and she went through 383 00:23:01,359 --> 00:23:02,400 Speaker 3: those records. 384 00:23:02,800 --> 00:23:06,200 Speaker 5: She and the drug case hired a private investigator named 385 00:23:06,240 --> 00:23:11,840 Speaker 5: Scott Gracious, and they then did the very difficult work 386 00:23:11,880 --> 00:23:15,320 Speaker 5: that a lot of lawyers don't do and dove through 387 00:23:15,840 --> 00:23:18,679 Speaker 5: every shred of paper in the case. There were a 388 00:23:18,680 --> 00:23:22,240 Speaker 5: ton of search warrants for cell phone records at that time, 389 00:23:22,600 --> 00:23:27,560 Speaker 5: but Jeff's was unlike the other warrants. Jeff's sought location 390 00:23:27,880 --> 00:23:31,240 Speaker 5: information as well, the others didn't. 391 00:23:31,640 --> 00:23:34,160 Speaker 1: Jeff was last on the phone from nine to eight 392 00:23:34,240 --> 00:23:37,639 Speaker 1: to nine ten PM, a few miles away from the scene. 393 00:23:38,119 --> 00:23:43,040 Speaker 5: And this is a really unique instance where there was 394 00:23:43,080 --> 00:23:46,520 Speaker 5: a recording somebody in the jail talking to their girlfriend 395 00:23:47,040 --> 00:23:51,040 Speaker 5: and you literally hear clearly the three shots. 396 00:23:51,640 --> 00:23:54,240 Speaker 1: The state had claimed that the shooting and all the 397 00:23:54,280 --> 00:23:57,760 Speaker 1: subsequent nine to one one calls happened from nine to 398 00:23:57,880 --> 00:24:03,320 Speaker 1: seventeen to nine twenty one, but the recorded jail phone 399 00:24:03,359 --> 00:24:07,040 Speaker 1: call began at nine oh one and thirty five seconds, 400 00:24:07,280 --> 00:24:11,440 Speaker 1: and there were three gunshots heard six minutes and fifty 401 00:24:11,520 --> 00:24:15,720 Speaker 1: eight seconds later, placing the crime at nine oh eight 402 00:24:15,880 --> 00:24:17,360 Speaker 1: and thirty three seconds. 403 00:24:17,760 --> 00:24:20,800 Speaker 3: Catherine bid Jeff, you were on the phone at that time, 404 00:24:20,840 --> 00:24:23,280 Speaker 3: and I said, I knew I was on my phone, 405 00:24:23,280 --> 00:24:27,200 Speaker 3: but I don't know what time the shooting was. She said, no, no, no, no, Jeff, 406 00:24:27,200 --> 00:24:29,440 Speaker 3: you were on the phone at the time of the 407 00:24:29,480 --> 00:24:31,320 Speaker 3: shooting and you were not over there. 408 00:24:31,359 --> 00:24:34,000 Speaker 5: And I was like what She Kin's got to the 409 00:24:34,040 --> 00:24:36,960 Speaker 5: simple math and said it might be difficult for him 410 00:24:37,000 --> 00:24:40,359 Speaker 5: to be paying off a tower that's two towers away 411 00:24:40,800 --> 00:24:42,080 Speaker 5: at the time of the murder. 412 00:24:42,359 --> 00:24:45,000 Speaker 1: Did the prosecution know that? 413 00:24:45,000 --> 00:24:48,720 Speaker 5: That's a tough question to answer directly, because we don't 414 00:24:48,760 --> 00:24:52,520 Speaker 5: know what they knew. What we know is that it 415 00:24:52,720 --> 00:24:56,520 Speaker 5: very easily could have been discovered and should have been 416 00:24:56,560 --> 00:25:01,639 Speaker 5: discovered by the original defense team. But there are circumstantial 417 00:25:01,680 --> 00:25:05,320 Speaker 5: facts that say, you're damn right they knew, and that's 418 00:25:05,359 --> 00:25:08,080 Speaker 5: why they changed the time of the shooting to make 419 00:25:08,119 --> 00:25:11,160 Speaker 5: it about ten minutes after, so that Jeff's cell phone 420 00:25:11,160 --> 00:25:14,199 Speaker 5: records would not be relevant to the case and to 421 00:25:14,280 --> 00:25:19,120 Speaker 5: distract the defense attorneys away from using that powerful evidence 422 00:25:19,560 --> 00:25:20,280 Speaker 5: in their case. 423 00:25:20,320 --> 00:25:23,960 Speaker 1: In cheap Jeff, you're sitting in prison and you find 424 00:25:24,000 --> 00:25:28,520 Speaker 1: out in twenty twelve and this nightmare for you started 425 00:25:29,080 --> 00:25:32,879 Speaker 1: in two thousand and six. Six years later, you're like, 426 00:25:33,000 --> 00:25:35,920 Speaker 1: oh my gosh, this is it, and. 427 00:25:35,960 --> 00:25:37,800 Speaker 3: You get your hopes up and you're thinking, this is 428 00:25:37,840 --> 00:25:41,000 Speaker 3: that moment it's about to happen. I'm about to get home. 429 00:25:41,040 --> 00:25:44,160 Speaker 3: I'm finally about to be there for my mom. No, okay, 430 00:25:44,200 --> 00:25:48,960 Speaker 3: all right, And it doesn't work that way because, as 431 00:25:49,000 --> 00:25:52,600 Speaker 3: you can see, I didn't get it until thirteen years later. 432 00:25:54,119 --> 00:25:58,240 Speaker 5: For the longest period of time, they were arguing that, well, 433 00:25:58,280 --> 00:26:02,280 Speaker 5: the jails call system and that's just not accurate because 434 00:26:02,320 --> 00:26:05,160 Speaker 5: of the nine to one one calls. The jail phone 435 00:26:05,200 --> 00:26:09,680 Speaker 5: call ends at nine point fifteen. The first official nine 436 00:26:09,680 --> 00:26:12,560 Speaker 5: to one one call doesn't come in until nine seventeen 437 00:26:12,760 --> 00:26:15,720 Speaker 5: nine one one call it nine nineteen nine one call 438 00:26:15,960 --> 00:26:16,639 Speaker 5: nine twenty. 439 00:26:17,119 --> 00:26:19,640 Speaker 1: So one of the systems had to be accurate, right, 440 00:26:20,000 --> 00:26:23,760 Speaker 1: But the burden approving which one was fell to Jeff 441 00:26:23,840 --> 00:26:27,720 Speaker 1: and his team. So at this time, jail calls were 442 00:26:27,720 --> 00:26:30,479 Speaker 1: collect and they could not be received by cell phones. 443 00:26:30,880 --> 00:26:34,600 Speaker 1: So Marlon Ersrie had set up his landline to accept 444 00:26:34,600 --> 00:26:38,240 Speaker 1: the collect call and forward it to Chilandra Done. Cell 445 00:26:38,280 --> 00:26:39,760 Speaker 1: phone actually had. 446 00:26:39,720 --> 00:26:43,919 Speaker 5: A good system for the time, and so we compared 447 00:26:44,080 --> 00:26:47,480 Speaker 5: the landline records with the jail phone call and the 448 00:26:47,600 --> 00:26:52,600 Speaker 5: landlines there by federal law accurate to like a million 449 00:26:52,680 --> 00:26:56,200 Speaker 5: of a second. Those can't be wrong. They will shut 450 00:26:56,200 --> 00:27:00,000 Speaker 5: the tower down otherwise. So all of a sudden, that's 451 00:27:00,040 --> 00:27:03,679 Speaker 5: stuff just started to cement. We had to factor in 452 00:27:03,760 --> 00:27:07,960 Speaker 5: some other things that weren't initially factored in, such as 453 00:27:08,000 --> 00:27:12,040 Speaker 5: the lag time for the phone from the jail to 454 00:27:12,160 --> 00:27:15,199 Speaker 5: connect to the home phone and then forward to his 455 00:27:15,280 --> 00:27:16,080 Speaker 5: girlfriend's phone. 456 00:27:16,240 --> 00:27:20,199 Speaker 1: So even with the additional lag, the landline confirmed that 457 00:27:20,240 --> 00:27:24,160 Speaker 1: the jail phone call time was correct and made Jeff's 458 00:27:24,200 --> 00:27:29,240 Speaker 1: guilt impossible. Yet somehow the state continued to cling to 459 00:27:29,280 --> 00:27:31,959 Speaker 1: the nine to one one calls that placed the crime 460 00:27:32,119 --> 00:27:36,080 Speaker 1: almost ten minutes later. So Tom hired another expert to 461 00:27:36,119 --> 00:27:39,159 Speaker 1: look into the metadata of the digital recordings of the 462 00:27:39,240 --> 00:27:41,159 Speaker 1: nine one one calls, thee. 463 00:27:41,040 --> 00:27:45,600 Speaker 5: IF nine recordings that we got on a compact disc 464 00:27:46,080 --> 00:27:50,520 Speaker 5: back from two thousand and six. Even then, the metadata 465 00:27:51,000 --> 00:27:53,760 Speaker 5: underlying those recordings has been scrubbed. 466 00:27:53,960 --> 00:27:55,680 Speaker 3: Wipe them, wipe them. 467 00:27:56,160 --> 00:27:59,159 Speaker 5: So there's a gap where the metadata is white, and 468 00:27:59,200 --> 00:28:01,879 Speaker 5: that's the period of the shooting and one one calls. 469 00:28:02,160 --> 00:28:08,200 Speaker 5: And then at about nine pm the metadata magically shows 470 00:28:08,280 --> 00:28:08,760 Speaker 5: up again. 471 00:28:09,000 --> 00:28:13,040 Speaker 3: And the prosecutor at that time was Kim Griffin, and 472 00:28:13,200 --> 00:28:16,800 Speaker 3: she kept on continuing the situation and pushing it off, 473 00:28:17,240 --> 00:28:20,840 Speaker 3: and finally the judge tells her that there's no more 474 00:28:20,880 --> 00:28:24,439 Speaker 3: continuous to get him in here, and let's have this trial. 475 00:28:25,440 --> 00:28:27,280 Speaker 3: And what was it to him, like two weeks before 476 00:28:27,320 --> 00:28:31,120 Speaker 3: a trial? She says, well, I don't know how he's 477 00:28:31,119 --> 00:28:33,720 Speaker 3: getting the trial, but I'm not taking him because I'm retiring. 478 00:28:35,080 --> 00:28:53,480 Speaker 3: After she continued the case for eight or nine years. 479 00:28:54,400 --> 00:28:58,200 Speaker 1: If you're wondering how a prosecutor could be so cold 480 00:28:58,400 --> 00:29:02,120 Speaker 1: and glib to just deny, I deflect and delay while 481 00:29:02,200 --> 00:29:05,240 Speaker 1: running out the clock on someone's life, you're not alone. 482 00:29:06,000 --> 00:29:09,680 Speaker 1: And unfortunately Jeff is not alone in that experience. But 483 00:29:10,520 --> 00:29:12,960 Speaker 1: just in case the new prosecutor was cut from the 484 00:29:13,000 --> 00:29:17,200 Speaker 1: same cloth, Tom hired another expert, an audio engineer. 485 00:29:18,640 --> 00:29:25,640 Speaker 5: We hired an audio engineer. Incredible guy that compared the 486 00:29:25,760 --> 00:29:29,080 Speaker 5: jail tape, and you could see it, you know, as 487 00:29:29,120 --> 00:29:32,360 Speaker 5: it crosses the screen and then underneath it and the 488 00:29:32,480 --> 00:29:35,440 Speaker 5: nine one one calls. He's got a big screen. He'd 489 00:29:35,520 --> 00:29:38,160 Speaker 5: lay them over the top of each other and he's 490 00:29:38,200 --> 00:29:42,600 Speaker 5: showing these look these exact same audio signatures of different things. 491 00:29:42,600 --> 00:29:46,840 Speaker 5: In the background, people yelling, screaming, please, radio traffic that 492 00:29:47,000 --> 00:29:47,800 Speaker 5: kind of thing. 493 00:29:48,240 --> 00:29:50,680 Speaker 3: Can be heard in the jail call. 494 00:29:51,040 --> 00:29:55,320 Speaker 5: On a tape that ends at nine fifty, and the 495 00:29:55,360 --> 00:29:59,720 Speaker 5: official nine one one time says they occurred at nine seventeen. 496 00:30:02,000 --> 00:30:04,960 Speaker 3: All of this, but it's happening in the jail call. 497 00:30:05,360 --> 00:30:07,680 Speaker 1: The expert revealed that the nine one one calls can 498 00:30:07,720 --> 00:30:11,080 Speaker 1: be overheard on the recorded jail phone call and vice versa. 499 00:30:11,520 --> 00:30:14,400 Speaker 1: So the nine one one calls happened during the jail 500 00:30:14,440 --> 00:30:16,880 Speaker 1: call that placed the shooting at nine to eight and change, 501 00:30:17,320 --> 00:30:21,160 Speaker 1: while the missing metadata allowed for the incorrect times to 502 00:30:21,200 --> 00:30:24,400 Speaker 1: be assigned to the nine one one calls. Now did 503 00:30:24,520 --> 00:30:29,880 Speaker 1: the police and prosecutors know that? I guess we can't 504 00:30:29,880 --> 00:30:33,440 Speaker 1: know that. But then when you consider what else happened 505 00:30:33,480 --> 00:30:37,040 Speaker 1: in this case, like the purple Aurora just morphing into 506 00:30:37,120 --> 00:30:41,440 Speaker 1: Jeff's blue car, the manipulated statements from the outlaws grandkids, 507 00:30:41,480 --> 00:30:45,640 Speaker 1: the jailhouse snitches, and what happened to all the video evidence, 508 00:30:45,880 --> 00:30:49,400 Speaker 1: like the club's surveillance footage. They had photos of the 509 00:30:49,400 --> 00:30:51,120 Speaker 1: club's camera system monitor. 510 00:30:52,000 --> 00:30:55,800 Speaker 5: It showed right at the front door where the shooter stood, 511 00:30:56,360 --> 00:30:59,400 Speaker 5: and it would have captured that shooter and would have 512 00:30:59,440 --> 00:31:02,800 Speaker 5: also captured the shooter running away and what captured the 513 00:31:02,920 --> 00:31:05,200 Speaker 5: people that were outside when the shooter ran away. 514 00:31:05,320 --> 00:31:09,240 Speaker 3: But just like the dash cam videos that who was going. 515 00:31:09,160 --> 00:31:12,600 Speaker 5: Too, there's no reason for that footage not to exist. 516 00:31:12,880 --> 00:31:14,200 Speaker 1: What reason have you been given? 517 00:31:14,640 --> 00:31:18,120 Speaker 5: The reason was that just simply wasn't operating, was monitoring 518 00:31:18,160 --> 00:31:20,160 Speaker 5: at the time, but it wasn't recording. And that was 519 00:31:20,200 --> 00:31:25,440 Speaker 5: an explanation, mind you, that was finally given officially in 520 00:31:25,480 --> 00:31:27,880 Speaker 5: twoenty sixteen or seventeen. 521 00:31:28,400 --> 00:31:29,880 Speaker 1: It took them over. 522 00:31:30,200 --> 00:31:34,160 Speaker 5: Eleven years to document that the system wasn't working, and 523 00:31:34,240 --> 00:31:37,280 Speaker 5: then it was documented by an officer who wasn't even 524 00:31:37,280 --> 00:31:38,400 Speaker 5: at the crime scene. 525 00:31:39,000 --> 00:31:42,120 Speaker 3: Well, if you ever heard your grandmother mom says, once 526 00:31:42,200 --> 00:31:45,120 Speaker 3: you tell one lie, you have to tell another lie 527 00:31:45,280 --> 00:31:49,600 Speaker 3: to cover up that lie. So many lies. You have 528 00:31:49,800 --> 00:31:53,440 Speaker 3: the dashcam videos, you have the videos from the club, 529 00:31:53,880 --> 00:31:56,280 Speaker 3: you have the nive on one calls, you have the 530 00:31:56,520 --> 00:31:59,840 Speaker 3: actual phone call, the jail phone call. So it's one 531 00:31:59,840 --> 00:32:03,880 Speaker 3: lie after another instead of saying stop this, let's go 532 00:32:03,920 --> 00:32:04,680 Speaker 3: into our job. 533 00:32:05,200 --> 00:32:10,040 Speaker 1: And they didn't, but Jeff's team did. They found additional 534 00:32:10,080 --> 00:32:13,680 Speaker 1: witnesses who believe they know who the actual shooter was. 535 00:32:14,560 --> 00:32:19,040 Speaker 5: We found one witness who has unfortunately now passed away. 536 00:32:19,520 --> 00:32:23,000 Speaker 5: Channette Crispy. We found a guy named Willie mc kentton. 537 00:32:23,320 --> 00:32:26,560 Speaker 5: We found a guy named Patrick Sallas that all pointed 538 00:32:26,600 --> 00:32:29,760 Speaker 5: the finger at a different person as the shooter. Sannette Crispy, 539 00:32:29,800 --> 00:32:33,640 Speaker 5: who said, I was outside hustling selling crack and I 540 00:32:33,760 --> 00:32:38,080 Speaker 5: saw Bud Done. I saw the shooter run by Bud Done. 541 00:32:38,280 --> 00:32:41,280 Speaker 5: I know who Jeff Smith is. It wasn't Jeff Smith. 542 00:32:41,520 --> 00:32:44,480 Speaker 5: And they ran to a purple arm and she described 543 00:32:44,600 --> 00:32:47,440 Speaker 5: somebody who fit the profile of the guy that we 544 00:32:47,520 --> 00:32:52,040 Speaker 5: eventually landed on as our suspect. But anyway, she's talking 545 00:32:52,080 --> 00:32:54,160 Speaker 5: to the police. The police are blowing her up. She 546 00:32:54,320 --> 00:32:58,960 Speaker 5: knows the officery she talked to. That same officer testified 547 00:32:59,440 --> 00:33:02,920 Speaker 5: even back in two thousand and seven, whenever her deposition 548 00:33:03,040 --> 00:33:05,800 Speaker 5: was taken, even at trial. No, I didn't keep track 549 00:33:05,840 --> 00:33:08,160 Speaker 5: of all the names the people that I talked to. No, 550 00:33:08,400 --> 00:33:11,120 Speaker 5: I didn't keep track of all the witnesses that were there. 551 00:33:11,160 --> 00:33:14,120 Speaker 5: I didn't write down any names. I didn't write down anything. 552 00:33:14,520 --> 00:33:18,040 Speaker 1: So what happened to the suspect that you guys have 553 00:33:18,240 --> 00:33:18,840 Speaker 1: settled on. 554 00:33:19,320 --> 00:33:22,960 Speaker 5: Ultimately he has met his maker. He was murdered years 555 00:33:23,040 --> 00:33:27,920 Speaker 5: later at another night glub Yeah, and we also found 556 00:33:27,920 --> 00:33:30,120 Speaker 5: a gentleman who was no friend of Jess Smith, who 557 00:33:30,120 --> 00:33:34,960 Speaker 5: had actually stole Jets cars, ripped his stereo up, and 558 00:33:35,160 --> 00:33:40,440 Speaker 5: then left the car years ago. Right, this guy testified that, Hey, 559 00:33:40,520 --> 00:33:43,760 Speaker 5: this person that you think did it, he confessed to me, 560 00:33:44,080 --> 00:33:46,840 Speaker 5: told me that they buried the gun, which was never found. 561 00:33:47,400 --> 00:33:51,160 Speaker 5: He described the gun, And eventually we found a witness 562 00:33:51,200 --> 00:33:55,040 Speaker 5: who said that, look, I was with these guys when 563 00:33:55,120 --> 00:33:58,840 Speaker 5: they planned the murder, and they discussed why the murder 564 00:33:58,880 --> 00:34:00,760 Speaker 5: was going to happen, in the motive for the murder, 565 00:34:00,960 --> 00:34:04,080 Speaker 5: and that guy had a motive to now want to 566 00:34:04,120 --> 00:34:07,640 Speaker 5: help Jeff either. I mean, that guy when I first 567 00:34:07,680 --> 00:34:10,640 Speaker 5: talked to him, said, you know he slept with my girlfriend. 568 00:34:10,320 --> 00:34:12,640 Speaker 1: Right you know Jeff. 569 00:34:17,080 --> 00:34:21,200 Speaker 5: Yeah, so they were pretty much enemies of each other. 570 00:34:21,480 --> 00:34:25,399 Speaker 5: Budd He finally came forward. Supposedly, the victim and one 571 00:34:25,440 --> 00:34:28,480 Speaker 5: of the guys in this other group were in a 572 00:34:28,600 --> 00:34:31,399 Speaker 5: love try and go with a different woman and they 573 00:34:31,440 --> 00:34:34,120 Speaker 5: both kept drugs and money out of her house, and 574 00:34:34,320 --> 00:34:38,239 Speaker 5: Tanye came across the other dudes drugs and money and 575 00:34:38,320 --> 00:34:39,400 Speaker 5: went mine. 576 00:34:40,000 --> 00:34:43,560 Speaker 1: So not only did they prove Jeff's alibi, but they 577 00:34:43,640 --> 00:34:47,879 Speaker 1: also offered an arguably more plausible suspect and theory, and 578 00:34:48,120 --> 00:34:52,399 Speaker 1: they compiled the newly discovered evidence along with an ineffective 579 00:34:52,440 --> 00:34:56,120 Speaker 1: assistance of Council claim and one Jeff a new trial 580 00:34:56,320 --> 00:34:57,480 Speaker 1: in twenty twenty five. 581 00:34:58,160 --> 00:35:01,880 Speaker 3: When I got that news, I was thinking that, okay, 582 00:35:02,120 --> 00:35:04,520 Speaker 3: I'm about to go and hug my mom. I'm about 583 00:35:04,560 --> 00:35:06,600 Speaker 3: to be therefore, because at this time she's in a 584 00:35:06,680 --> 00:35:09,920 Speaker 3: nursing home and she suffered from the strokes, and it 585 00:35:10,000 --> 00:35:12,759 Speaker 3: was like, I'm finally about to do this, and that 586 00:35:12,840 --> 00:35:16,920 Speaker 3: didn't happen because first it was well, they're going to 587 00:35:17,000 --> 00:35:20,360 Speaker 3: agree to Lord de bund to this, and then well, 588 00:35:20,440 --> 00:35:22,239 Speaker 3: now they're saying that we're going to take it up 589 00:35:22,320 --> 00:35:24,360 Speaker 3: extra hundred thousand. It's going to go to this, but 590 00:35:24,400 --> 00:35:26,760 Speaker 3: it's still manageable, will be able to get you home. 591 00:35:27,160 --> 00:35:30,640 Speaker 3: To us having a bun hearing and heeds arguing for 592 00:35:30,760 --> 00:35:33,680 Speaker 3: a million dollar bond, We're thinking that, well, okay, we 593 00:35:33,719 --> 00:35:36,320 Speaker 3: got a good argument. I haven't been in any trouble. 594 00:35:36,680 --> 00:35:40,399 Speaker 3: And the judge still says seven hundred and fifty thousand. 595 00:35:40,719 --> 00:35:44,239 Speaker 1: And Jeff didn't have seventy five thousand dollars plus real 596 00:35:44,360 --> 00:35:48,120 Speaker 1: estate collateral to be released. And while great efforts were 597 00:35:48,120 --> 00:35:51,400 Speaker 1: being made to raise that capital on his behalf, which 598 00:35:51,560 --> 00:35:56,319 Speaker 1: was finally accomplished on October twentieth, twenty twenty five. His 599 00:35:56,440 --> 00:35:59,520 Speaker 1: mother passed away just seven days earlier. 600 00:36:00,840 --> 00:36:03,760 Speaker 3: It was the worst pain that her son could feel. 601 00:36:04,160 --> 00:36:07,400 Speaker 3: Nothing measured up to them taking my freedom away from me. 602 00:36:07,560 --> 00:36:11,000 Speaker 3: Then to know that my mom was no longer here, 603 00:36:12,080 --> 00:36:14,640 Speaker 3: and there's no way you could prepare for it. I 604 00:36:14,640 --> 00:36:16,640 Speaker 3: can see as she's just smiling down at me. 605 00:36:16,719 --> 00:36:19,720 Speaker 5: Now they knew Jeff's mom situation. 606 00:36:20,600 --> 00:36:23,359 Speaker 3: She was helping me fight you evil people. Now she's 607 00:36:23,400 --> 00:36:26,000 Speaker 3: in heaven. She's gonna help with a bigger fight. And 608 00:36:26,040 --> 00:36:29,120 Speaker 3: you have no idea. And a miracle happened. 609 00:36:29,600 --> 00:36:32,799 Speaker 1: And it certainly presents like some kind of divine intervention. 610 00:36:33,400 --> 00:36:39,240 Speaker 1: When total strangers raised the seventy five thousand dollars. 611 00:36:40,080 --> 00:36:46,319 Speaker 5: You know, a group of I think mostly women that 612 00:36:46,920 --> 00:36:51,200 Speaker 5: her Jeff's plight, and they were the Iowa representatives of 613 00:36:51,239 --> 00:36:55,040 Speaker 5: the National Pail Fund. And this group of young moms, 614 00:36:55,440 --> 00:36:59,600 Speaker 5: right little kids, throwing kids into the shoe bees and 615 00:36:59,680 --> 00:37:03,640 Speaker 5: running around, and they went to the national organization and 616 00:37:03,640 --> 00:37:08,000 Speaker 5: they got seventy five thousand dollars in cash raise to 617 00:37:08,040 --> 00:37:08,839 Speaker 5: get jump out. 618 00:37:09,120 --> 00:37:14,040 Speaker 1: Oh so Jeff in your mind, that miracle of those 619 00:37:14,800 --> 00:37:19,200 Speaker 1: moms coming together to raise that bail money for you. 620 00:37:19,840 --> 00:37:24,880 Speaker 1: They were being guided by your mom. At this point, 621 00:37:25,040 --> 00:37:27,280 Speaker 1: the state is appealing the grant of his new trial 622 00:37:27,320 --> 00:37:31,200 Speaker 1: to the Iowa Supreme Court, which, after what we've heard 623 00:37:31,239 --> 00:37:35,680 Speaker 1: here today, I really hope they reconsider. In the meantime, 624 00:37:36,400 --> 00:37:38,320 Speaker 1: I'm left wondering what we can do to help. 625 00:37:38,760 --> 00:37:42,200 Speaker 5: I know they can start listening to Jeff's music. The 626 00:37:42,280 --> 00:37:45,040 Speaker 5: same day he walked out of jail, he walked across 627 00:37:45,080 --> 00:37:48,520 Speaker 5: the street to a recording studio and recorded a video 628 00:37:49,040 --> 00:37:52,239 Speaker 5: and a song with some people that helped him. I 629 00:37:52,280 --> 00:37:53,160 Speaker 5: was just blown away. 630 00:37:55,760 --> 00:38:01,920 Speaker 6: Yes I am, Yes I can who that just beat 631 00:38:01,960 --> 00:38:03,879 Speaker 6: up them charge spelling them to dead, no human them 632 00:38:03,920 --> 00:38:05,520 Speaker 6: hall its ain't big X when they know them the 633 00:38:05,600 --> 00:38:09,200 Speaker 6: Lord just sit on my exig the reflawless at getting. 634 00:38:08,960 --> 00:38:10,520 Speaker 3: The hard it's pissed off. Who's gonna flex? 635 00:38:10,560 --> 00:38:12,719 Speaker 6: And recardless hiding from movie how I'm talking? 636 00:38:12,719 --> 00:38:15,440 Speaker 3: They telling nom who don't get me started? They The 637 00:38:15,560 --> 00:38:18,239 Speaker 3: songs that I've put out after that first video that 638 00:38:18,280 --> 00:38:21,160 Speaker 3: I put out were just songs that I found a 639 00:38:21,160 --> 00:38:24,400 Speaker 3: way to record while in prison to deal with that frustration. 640 00:38:24,560 --> 00:38:29,000 Speaker 3: So actually now I've already started recording new material. I 641 00:38:29,040 --> 00:38:31,000 Speaker 3: hope that I get the ear of one of these 642 00:38:31,600 --> 00:38:34,600 Speaker 3: major record companies to say let's put them to work. 643 00:38:34,880 --> 00:38:36,320 Speaker 1: Where can I find your music? 644 00:38:36,520 --> 00:38:41,520 Speaker 3: You can follow me on TikTok under ATP Richie, Facebook 645 00:38:41,560 --> 00:38:47,880 Speaker 3: under ATP Richie, and Instagram under the Real Underscore ATP Richie. 646 00:38:48,520 --> 00:38:51,840 Speaker 3: The ATP it comes from my mom. It's ambition to prosper. 647 00:38:52,160 --> 00:38:54,760 Speaker 3: My mom used to always tell me her favorite scripture 648 00:38:54,760 --> 00:38:58,480 Speaker 3: from the Bible. She said, no weapon formed against you 649 00:38:58,600 --> 00:39:02,560 Speaker 3: shall prosper. And she says that after every visit, and 650 00:39:02,600 --> 00:39:06,400 Speaker 3: one day she says, no weapons formed against you sell prosper. 651 00:39:06,760 --> 00:39:10,439 Speaker 3: Because you got the ambition to prosper and she didn't 652 00:39:10,440 --> 00:39:12,640 Speaker 3: even know it. Then I was like, she just gave 653 00:39:12,680 --> 00:39:16,960 Speaker 3: me my new name, ambition to prosper, and it stuck 654 00:39:17,000 --> 00:39:20,080 Speaker 3: with me ever since then. ATP, that's what it is. 655 00:39:20,160 --> 00:39:22,600 Speaker 1: We're going to link to that video and your Instagram 656 00:39:22,680 --> 00:39:25,080 Speaker 1: Instagram too. Yeah, I've got to ask you. You know 657 00:39:25,120 --> 00:39:29,080 Speaker 1: this season where we know why wrongful convictions happen, but 658 00:39:29,120 --> 00:39:34,080 Speaker 1: in terms of accountability, what would justice look like to 659 00:39:34,239 --> 00:39:35,320 Speaker 1: you now? 660 00:39:35,880 --> 00:39:40,320 Speaker 3: Going through this system for nineteen years and you see 661 00:39:40,320 --> 00:39:44,680 Speaker 3: that every part of the justice system has a chain 662 00:39:44,760 --> 00:39:48,840 Speaker 3: link that's connected to everything. You even see it. In 663 00:39:48,880 --> 00:39:52,960 Speaker 3: the state of Iowa. You talk about IPI, the Iowa 664 00:39:53,080 --> 00:39:58,400 Speaker 3: prison industries, who make billions of dollars off the parents 665 00:39:58,440 --> 00:40:03,520 Speaker 3: and relatives of incarcerated individuals because this is the only 666 00:40:03,640 --> 00:40:05,919 Speaker 3: place where we can shop and by a coming sari 667 00:40:06,440 --> 00:40:10,400 Speaker 3: even everything from the phone calls. You give us thirty 668 00:40:10,400 --> 00:40:13,080 Speaker 3: cent an hour for working in prison, but they used 669 00:40:13,120 --> 00:40:16,080 Speaker 3: to charge us five dollars for a phone call to 670 00:40:16,200 --> 00:40:20,239 Speaker 3: call our kids, moms or whoever else. So how do 671 00:40:20,280 --> 00:40:23,799 Speaker 3: you keep this bankrolling the rich? How do you continue 672 00:40:23,880 --> 00:40:28,680 Speaker 3: to prosper You continue to incarcerate people and give them 673 00:40:28,719 --> 00:40:32,120 Speaker 3: no choice but to spend money with you. So off 674 00:40:32,160 --> 00:40:35,480 Speaker 3: of that police officer who come and hunt us, I'm 675 00:40:35,480 --> 00:40:37,520 Speaker 3: not gonna say lock up. I'm not gonna say do 676 00:40:37,560 --> 00:40:39,920 Speaker 3: their job. They come and hunt us. A lot of 677 00:40:39,960 --> 00:40:43,920 Speaker 3: families are getting fed. It's gonna pay for their college 678 00:40:44,360 --> 00:40:47,080 Speaker 3: the next ones, and it's gonna continue to profit. 679 00:40:47,400 --> 00:40:51,279 Speaker 1: The system protects the system because their profits off posits 680 00:40:51,560 --> 00:40:52,120 Speaker 1: in prison. 681 00:40:52,560 --> 00:40:55,319 Speaker 3: It does so if you don't destroy that system, you're 682 00:40:55,400 --> 00:40:59,480 Speaker 3: never gonna get justice. And before I got wrongfully convicted, 683 00:40:59,520 --> 00:41:02,520 Speaker 3: I probably looked at hurt this and said, Nah, you're 684 00:41:02,600 --> 00:41:05,279 Speaker 3: just talking but going through it. No, No, this is 685 00:41:05,480 --> 00:41:07,880 Speaker 3: absolutely right, it happens. 686 00:41:08,320 --> 00:41:12,920 Speaker 1: What do you hope people listening take away from your story. 687 00:41:13,520 --> 00:41:18,080 Speaker 3: I hope that they know that you never lose faith. 688 00:41:18,960 --> 00:41:22,600 Speaker 3: And the Bible says the faith the size of a 689 00:41:22,640 --> 00:41:26,000 Speaker 3: poppy seed can move a mountain. We live in proof 690 00:41:26,040 --> 00:41:29,040 Speaker 3: of that. Growing up in prison, I've seen a lot 691 00:41:29,040 --> 00:41:32,440 Speaker 3: of people lose that faith. I've seen people commit suicide. 692 00:41:32,520 --> 00:41:35,720 Speaker 3: I've seen people go crazy. I've seen people get hooked 693 00:41:35,760 --> 00:41:38,960 Speaker 3: on medication that wasn't meant for them. I've seen people 694 00:41:39,080 --> 00:41:43,920 Speaker 3: get institutionalized. I see people just become something other than 695 00:41:43,960 --> 00:41:46,880 Speaker 3: themselves that wasn't meant for them because they lost faith. 696 00:41:47,080 --> 00:41:50,360 Speaker 3: And Tom tell you, even before then, I was talking 697 00:41:50,400 --> 00:41:52,840 Speaker 3: about rapping and I'm home now and I'm rapping because 698 00:41:53,320 --> 00:41:56,520 Speaker 3: I didn't lose faith. I had faith that God had 699 00:41:56,719 --> 00:41:59,319 Speaker 3: something better for me in store. And it took my 700 00:41:59,360 --> 00:42:02,240 Speaker 3: mom to talk to me to say don't be angry, 701 00:42:02,480 --> 00:42:05,720 Speaker 3: because I had every reason to be angry, to hate 702 00:42:05,840 --> 00:42:08,279 Speaker 3: and to be negative. I had every reason, but I 703 00:42:08,320 --> 00:42:11,239 Speaker 3: also had every reason to be positive and keep a 704 00:42:11,239 --> 00:42:14,279 Speaker 3: smile on my face and not hate. You can never 705 00:42:14,360 --> 00:42:16,960 Speaker 3: let no one take your joy. Always keep that smile 706 00:42:17,040 --> 00:42:20,640 Speaker 3: on your face, keep your head up, and just know, Okay, 707 00:42:21,200 --> 00:42:23,600 Speaker 3: having a bad day, you're having a bad moment. It 708 00:42:23,640 --> 00:42:26,160 Speaker 3: only lasts for a couple of minutes. That joy's gonna 709 00:42:26,200 --> 00:42:29,840 Speaker 3: last forever. I would never let them take it from me. 710 00:42:29,840 --> 00:42:31,440 Speaker 1: ME ask you Tom the same question. 711 00:42:31,800 --> 00:42:34,759 Speaker 5: I hope they keep their minds open because there are 712 00:42:34,880 --> 00:42:39,360 Speaker 5: people like Jos out there that don't have the ambition 713 00:42:39,480 --> 00:42:44,680 Speaker 5: to prosper right. I mean, every wrongful conviction that I've 714 00:42:44,680 --> 00:42:49,320 Speaker 5: been involved with that's been overturned, there's not one person responsible. 715 00:42:49,360 --> 00:42:53,120 Speaker 5: There's a mountain of people. That's why this faith of 716 00:42:53,880 --> 00:42:57,359 Speaker 5: a poppy sea usually involves the faith of a lot 717 00:42:57,400 --> 00:43:00,399 Speaker 5: of people, and there are people that don't have that, 718 00:43:00,760 --> 00:43:04,759 Speaker 5: and I hope that they reach out, they understand, and 719 00:43:04,800 --> 00:43:07,400 Speaker 5: when they hear a story they go, I should at 720 00:43:07,480 --> 00:43:11,240 Speaker 5: least pause and listen, because we know this stuff happens. 721 00:43:11,600 --> 00:43:14,520 Speaker 5: We know that there are people in prison that shouldn't 722 00:43:14,520 --> 00:43:17,560 Speaker 5: be there, and a lot of them don't have the resources. 723 00:43:17,560 --> 00:43:20,919 Speaker 5: I mean, Kathy and I and Scott gracious, we took 724 00:43:20,920 --> 00:43:24,680 Speaker 5: the case on pro bonum because we believe there aren't 725 00:43:24,680 --> 00:43:26,680 Speaker 5: a lot of attorneys that can do that. They got 726 00:43:26,680 --> 00:43:28,640 Speaker 5: to keep their doors open, they got to work, they 727 00:43:28,719 --> 00:43:31,359 Speaker 5: got to do other things. Luckily, I've had some other 728 00:43:31,440 --> 00:43:34,160 Speaker 5: successes that have allowed me to do that and then 729 00:43:34,600 --> 00:43:37,399 Speaker 5: to throw myself into something like this for years at 730 00:43:37,440 --> 00:43:39,560 Speaker 5: a time. There are not a lot of people out there. 731 00:43:39,600 --> 00:43:41,640 Speaker 5: There's not a lot of attorneys out there that can 732 00:43:41,680 --> 00:43:45,799 Speaker 5: do that, and there's only so many innocence projects, and 733 00:43:45,840 --> 00:43:51,280 Speaker 5: there's only so many exoneration projects. I get letters every day, 734 00:43:51,680 --> 00:43:55,239 Speaker 5: not even just from Iowa of people, and I know 735 00:43:55,360 --> 00:43:57,960 Speaker 5: that when I write them back and say I'm sorry, 736 00:43:58,360 --> 00:44:01,080 Speaker 5: there's only one of me and I don't the time, 737 00:44:01,760 --> 00:44:06,440 Speaker 5: I know that I'm probably the last person that's going 738 00:44:06,480 --> 00:44:09,080 Speaker 5: to ever listen to them. And it breaks my heart 739 00:44:09,239 --> 00:44:13,360 Speaker 5: every time. But you can only do so much, and 740 00:44:13,120 --> 00:44:15,600 Speaker 5: so I would ask people to keep their ears open 741 00:44:16,080 --> 00:44:19,359 Speaker 5: so that if they hear a story from somebody out 742 00:44:19,480 --> 00:44:24,160 Speaker 5: in the darkness, that they listen, and if they can contribute, 743 00:44:24,400 --> 00:44:27,759 Speaker 5: then they start being part of the community behind that 744 00:44:27,840 --> 00:44:31,600 Speaker 5: person that eventually pushes them through to their freedom, to 745 00:44:31,640 --> 00:44:33,800 Speaker 5: where they need to be, to at least some semblance 746 00:44:33,840 --> 00:44:35,239 Speaker 5: of justice. 747 00:44:40,160 --> 00:44:42,840 Speaker 1: Thank you for listening to wrongful conviction. You can listen 748 00:44:42,840 --> 00:44:45,600 Speaker 1: to this and all LoVa for Good podcasts one week 749 00:44:45,640 --> 00:44:48,799 Speaker 1: early and add free by subscribing to LoVa for Good 750 00:44:48,880 --> 00:44:51,920 Speaker 1: Plus on Apple Podcasts. I'd like to thank our production 751 00:44:52,000 --> 00:44:55,160 Speaker 1: team Connor Hall and Kathleen Fink, as well as executive 752 00:44:55,200 --> 00:44:59,200 Speaker 1: producers Jason Lahm, Jeff Kempler, Kevin Wartis, and Jeff Clyburn. 753 00:44:59,360 --> 00:45:01,480 Speaker 1: The music and the This production was supplied by three 754 00:45:01,560 --> 00:45:04,680 Speaker 1: time OSCAR nominated composer Jay Ralph. Be sure to follow 755 00:45:04,760 --> 00:45:07,799 Speaker 1: us across all social media platforms at Lava for Good 756 00:45:07,880 --> 00:45:10,239 Speaker 1: and at Wrongful Conviction. You can also follow me on 757 00:45:10,280 --> 00:45:13,720 Speaker 1: Instagram at Lauren Bright Pitchecko. Wrongful Conviction is a production 758 00:45:13,920 --> 00:45:17,360 Speaker 1: of Lava for Good Podcasts and association with Signal Company 759 00:45:17,440 --> 00:45:18,000 Speaker 1: Number One. 760 00:45:18,040 --> 00:45:20,440 Speaker 6: We have worked hard to ensure that all facts reported 761 00:45:20,480 --> 00:45:23,280 Speaker 6: in this show are accurate. The views and opinions expressed 762 00:45:23,280 --> 00:45:25,680 Speaker 6: by the individuals featured in this show are their own 763 00:45:25,760 --> 00:45:28,560 Speaker 6: and do not necessarily reflect those of Lava for Good.