WEBVTT - #553 Lauren Bright Pacheco with Jeff Smith

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<v Speaker 1>On July ninth, two thousand and six, a shooting ripped

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<v Speaker 1>through a Waterloo, Iowa nightclub. Tanye Jackson was fatally shot.

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<v Speaker 1>Panicked clubgoers flooded nine one one with calls, and in

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<v Speaker 1>the chaos, one name came out, local rapper Jeff Smith.

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<v Speaker 1>The problem Jeff didn't match the description, his car wasn't

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<v Speaker 1>the getaway car. None of it lined up. Yet police

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<v Speaker 1>produced statements that corroborated that initial identification and contradicted the

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<v Speaker 1>facts they already had. This is wrongful conviction. The Fox

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<v Speaker 1>Foundation is proud to support this episode of wrongful conviction

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<v Speaker 1>and the work of After Innocence, a nonprofit that helps

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<v Speaker 1>hundreds of people nationwide rebuild their lives after wrongful incarceration.

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<v Speaker 1>Each year, innocent people are released after spending years behind

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<v Speaker 1>bars for crimes they didn't commit. Nearly all of them

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<v Speaker 1>leave prison with nothing more than the clothes on their backs,

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<v Speaker 1>with no help or compensation from the state as they

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<v Speaker 1>face the steep challenges of rebuilding their lives after wrongful imprisonment.

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<v Speaker 1>After Innocence is changing that After Innocence helps exoneries get

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<v Speaker 1>and make good use of essential services like health care,

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<v Speaker 1>Since twenty sixteen, they've brought.

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<v Speaker 2>That help to more than eight hundred exoneries across forty

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<v Speaker 2>six states, working tirelessly to ensure that no one released

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<v Speaker 2>after wrongful incarceration is left behind. Learn more at after

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<v Speaker 2>dash innocence dot org and join after Innocence to support

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<v Speaker 2>exoneries as they.

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<v Speaker 1>Rebuild their lives. Welcome back to Wrongful Conviction. I'm Lauren

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<v Speaker 1>Bright Pacheco. Today we're joined again by Tom Freerricks, who

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<v Speaker 1>our audience might recall from our coverage of Jeff Bouprey,

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<v Speaker 1>and during that coverage, Tom brought us another case, a

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<v Speaker 1>man out of Waterloo, Iowa named Jeff Smith, who was

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<v Speaker 1>just released in October twenty twenty five. We couldn't be

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<v Speaker 1>happier for you to be home as the fight continues,

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<v Speaker 1>and we're going to get into all of that right now.

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<v Speaker 1>So Tom, welcome back, and Jeff welcome home.

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<v Speaker 3>Thank you.

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<v Speaker 1>So just tell me a little bit about you before

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<v Speaker 1>all this happened.

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<v Speaker 3>Growing up, I could say I was always one of

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<v Speaker 3>the favorites by of my family because I always had

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<v Speaker 3>the huge smile and full of joy, and it was

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<v Speaker 3>like no money or anything mattered. It was just the love,

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<v Speaker 3>you know, I mean, you give me a hug, and

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<v Speaker 3>it was sincere than that meant more than meeting the

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<v Speaker 3>new pair of shoes. I was staying in des Morning,

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<v Speaker 3>Iowa with my mom and dad, my younger sister, my

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<v Speaker 3>older sister, and I have two older brothers that were

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<v Speaker 3>for me, and we were staying in these apartments called

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<v Speaker 3>Oak Ridge, a very rough neighborhood, and my mom ended

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<v Speaker 3>up catching a drug case. My grandmother came from km

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<v Speaker 3>Mississippi and took back me, my youngest sister and my

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<v Speaker 3>oldest sister, and we were staying in this apartment complex

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<v Speaker 3>called Joe Preacher Homes Public Housing Authority.

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<v Speaker 1>Yeah, I'm pretty notorious too.

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<v Speaker 3>So growing up there it was rough, the lowest of

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<v Speaker 3>the lows and the highest of the highest. But that

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<v Speaker 3>was also a place where you also learned to appreciate

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<v Speaker 3>what you did have minus what you didn't have. And

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<v Speaker 3>I ended up taking a passion for music because it

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<v Speaker 3>was an outlet. Like even growing up my grandmother when

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<v Speaker 3>she was always cooking dinner, Sunday dinner or whatever, cooking

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<v Speaker 3>and she would always just be humming. You know, you

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<v Speaker 3>know what I mean, And it always just sounded soful

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<v Speaker 3>to me, and I'm like I just cop see at

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<v Speaker 3>the table and look at her and listen. I learned

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<v Speaker 3>that through music I could tell my story and I

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<v Speaker 3>was able to write. And then like ten eleven twelve,

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<v Speaker 3>like a lot of my friends was like, yo, wrap

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<v Speaker 3>that again. You know what I mean. You're good, You're great,

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<v Speaker 3>and then I continue to push with the music. But

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<v Speaker 3>growing up in Catton, it was rough for my project.

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<v Speaker 3>So it was like I was nine years old and

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<v Speaker 3>I was going to the school called MacNeil Elementary and

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<v Speaker 3>at that time we were wearing the uniforms. It was

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<v Speaker 3>kaki pants and white shirts. And I was nine years old,

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<v Speaker 3>I remember this. So I was in third grade. So

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<v Speaker 3>I was ironing my clothes and I was looking out

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<v Speaker 3>my window. Now, my grandmother she sold pops candy stuff

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<v Speaker 3>like that. She was a neighborhood Stuart, you know what

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<v Speaker 3>I mean. And there was this guy named Etli and

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<v Speaker 3>I saw him and he walked through and he was like, hey,

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<v Speaker 3>give me one of them pops ready, And I'm talking

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<v Speaker 3>through him through the window. So okay, all right, I

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<v Speaker 3>got you. And it was like ten minutes later, it

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<v Speaker 3>was just like the fourth of July and this guy

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<v Speaker 3>gets shot like sixteen times. And seeing this at the

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<v Speaker 3>age of nine was like, wow.

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<v Speaker 4>Oh, I'm just thinking of you nine years old, Yes,

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<v Speaker 4>ironing your clothing, trying to put your best foot forward

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<v Speaker 4>and being exposed to that.

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<v Speaker 3>Yeah. So growing up I had family in Waterloo, Isla.

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<v Speaker 3>And it was like, you know what, I don't want

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<v Speaker 3>to be around here that much longer because my neighborhood

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<v Speaker 3>was just filled with drugs and game bangers. And the

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<v Speaker 3>older you get, the more you're gonna get into the

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<v Speaker 3>being a product of your environment.

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<v Speaker 1>So Jeff took the initiative to improve his life, but unfortunately,

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<v Speaker 1>a similar environment existed in Waterloo, Iowa, like rival gangs

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<v Speaker 1>and drug trafficking, And while Jeff pursued his music career,

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<v Speaker 1>he was not immune.

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<v Speaker 3>You can dibble and dab in certain things because it

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<v Speaker 3>was around you, and that doesn't make you a bad person.

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<v Speaker 3>You're still at that age figuring out who you are

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<v Speaker 3>as a person.

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<v Speaker 1>But an officer named Bose had already decided what sort

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<v Speaker 1>of person Jeff was. Yes, Officer bos, how many times

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<v Speaker 1>had he pulled you over? Before all this happened?

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<v Speaker 3>Woo oh. I gotta say it was like constant harassment,

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<v Speaker 3>like I know you're out here doing this illegal. I

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<v Speaker 3>know you're doing something and I'm gonna get you.

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<v Speaker 1>But Jeff didn't have the criminal record of others in

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<v Speaker 1>his social circle, like Jeff's fiance's cousin, the victim in

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<v Speaker 1>this case, Kanye Jackson, who had just gotten out of prison,

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<v Speaker 1>which brings us to July ninth, two thousand and six.

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<v Speaker 1>Tanye had a minor argument with Jeff earlier in the

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<v Speaker 1>day and then later that night, Tanye went to a

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<v Speaker 1>club called Chrystyles Club.

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<v Speaker 5>Chris Styles didn't have the greatest reputation. I think there

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<v Speaker 5>were more than one shooting that had occurred, there, regular

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<v Speaker 5>run ins with the police. I think they always kind

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<v Speaker 5>of rode that razor's edge of getting shut down because

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<v Speaker 5>of too much activity. As a result a particular, for

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<v Speaker 5>two thousand and six, they put in one of the

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<v Speaker 5>most spectacular systems of cameras pointing everywhere everywhere. There really

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<v Speaker 5>was matt a square foot of that bar, and they

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<v Speaker 5>did that at the pause of the Waterloo Police Department. Okay,

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<v Speaker 5>there was an adult summer basketball league on a Sunday

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<v Speaker 5>night that was finishing and Club Crys Styles was generally

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<v Speaker 5>not open on a Sunday, and a gentleman butt the

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<v Speaker 5>name of Bud Dunn called the owners and said, look

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<v Speaker 5>open up on Sunday night. We'll get some people here, okay,

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<v Speaker 5>So they opened up the bar. There were varying stories

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<v Speaker 5>of fifteen twenty twenty five different people present at the bar,

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<v Speaker 5>but the standard story of those who saw something say

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<v Speaker 5>that a tall guy six foot one hundred and eighty

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<v Speaker 5>pounds opened up the door of the bar, had a

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<v Speaker 5>handgun with a laser sight on it, scanned the bar

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<v Speaker 5>until they got to Tony A. Jackson Boom boom boom,

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<v Speaker 5>put three bullets in him and then runs from the scene,

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<v Speaker 5>gets into the passenger side of a purple Aurora and

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<v Speaker 5>speeds up.

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<v Speaker 1>Interestingly, during the shooting, bud dune sister Chilandra was on

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<v Speaker 1>the phone with her boyfriend Marlon ERSII, who was in

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<v Speaker 1>jail facing federal drug charges. So that call was recorded

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<v Speaker 1>and there's audio of three shots, as well as Bud

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<v Speaker 1>Dunn naming the shooter with Jeff's stage name Jay Rich.

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<v Speaker 1>Then Bud Dunn called nine to one one, gave a

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<v Speaker 1>fake name and named j Rich again. Then while leaving

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<v Speaker 1>the club, he gave the same fake name but didn't

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<v Speaker 1>identify j Rich. Pretty strange, but he did mention seeing

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<v Speaker 1>the Purple Aurora.

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<v Speaker 5>The police at the scene knew that there was some

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<v Speaker 5>people that might potentially be the type of people that

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<v Speaker 5>would be involved into shooting that were connected to a

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<v Speaker 5>Purple Aurora. Some of the cops speed off to that

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<v Speaker 5>house check the Purple aura sitting outside hot muffler. Good

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<v Speaker 5>people bolt outdoors. They don't catch everybody. They eventually go

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<v Speaker 5>into the house. They find drugs, ammunition, nine millimeter ammunition. Importantly,

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<v Speaker 5>they don't do anything with that.

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<v Speaker 1>Officer Bose was part of that mission to track down

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<v Speaker 1>the Purple Aurora.

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<v Speaker 4>A lead that curiously went.

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<v Speaker 1>Cold as tunnel vision set in over the mention of

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<v Speaker 1>j Rich on the call, and soon the Purple Aurora

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<v Speaker 1>morphed into Jeff's blue Monte Carlo. In the police narrative.

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<v Speaker 5>Jeff is well known to have a blue Monty Carlo.

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<v Speaker 1>Right, and on the tenth the police ransacked your apartment.

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<v Speaker 3>Actually it was people who ransacked at first and then

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<v Speaker 3>the police, so it was like a burglary slash search.

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<v Speaker 5>They find some drugs and a coat that's about four

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<v Speaker 5>sizes too big for.

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<v Speaker 1>Jeff, and by some drugs cocaine. Can we reiterate the

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<v Speaker 1>amount we're talking about?

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<v Speaker 3>Zero point three, not a gram, not an ounce, not

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<v Speaker 3>a key, not none of this. It's not even a ram.

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<v Speaker 3>It's zero point three. And all of this took place

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<v Speaker 3>with not me knowing and me not being there.

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<v Speaker 1>So, Jeff, a friend of yours is killed in a nightclub. Yes,

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<v Speaker 1>tell me when you first heard what went down that night.

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<v Speaker 3>When I got that news, it wasn't like they were saying, hey,

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<v Speaker 3>one of your friends got killed. It was hey, people

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<v Speaker 3>trying to say that you killed.

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<v Speaker 1>Somebody, and you turned yourself.

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<v Speaker 3>In because I know I didn't, So, Jeff, you.

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<v Speaker 1>Thought that you could just walk in and clear it up.

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<v Speaker 3>And clear it up, and that was not the case.

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<v Speaker 3>I came in with the attorney and Robert Montgomery. They asked,

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<v Speaker 3>do we have a warrant for me? And they say yes.

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<v Speaker 3>And I looked at my lawyer and he said, don't

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<v Speaker 3>talk to no one. Just sit tight. You're gonna be

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<v Speaker 3>all right and get you out of here. And so

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<v Speaker 3>at that time, they still didn't tell me what the

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<v Speaker 3>warrant was for. And once I go to booking and

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<v Speaker 3>I'm in there and then the officer comes in and

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<v Speaker 3>he says, yeah, you're being charged with a tempt to

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<v Speaker 3>deliver crack cocaine violation of the drug tax stamp. And

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<v Speaker 3>I'm like, this isn't what I heard I was accused of.

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<v Speaker 3>But now something's really fishy because I didn't have any drugs.

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<v Speaker 1>The police allegedly found these drugs after the apartment had

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<v Speaker 1>already been ransacked, in a coat that was four sizes

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<v Speaker 1>too big for Jeff, and in Iowa, point three grams

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<v Speaker 1>for a first possession offense is typically treated as a misdemeanor.

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<v Speaker 3>The warrant was for attempt to deliver crack cocaine, and

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<v Speaker 3>they hailed me on a one hundred and fifty thousand

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<v Speaker 3>dollars bun so you would need fifteen thousand dollars to

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<v Speaker 3>bun out.

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<v Speaker 1>The possession arrest allowed them to hold Jeff while they

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<v Speaker 1>built a case that was stronger than just hearing his

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<v Speaker 1>stage name from Bud Dunn using a fake name on

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<v Speaker 1>a nine to one one call. And at this time,

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<v Speaker 1>Schilandra Dunn's boyfriend Marlon Ursie, who was facing federal drug charges,

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<v Speaker 1>alerted investigators to his recorded jail phone call, which gave

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<v Speaker 1>them the exact time of the shooting. They also subpoenaed

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<v Speaker 1>Jeff's cell phone record and located Jeff was last on

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<v Speaker 1>the phone with a girl named Tasha Alexander from nine

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<v Speaker 1>to eight to nine ten PM, a few miles away

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<v Speaker 1>from the scene, but in the official narrative, the time

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<v Speaker 1>of the shooting became nine to seventeen PM, theoretically giving

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<v Speaker 1>Jeff enough time to speed over to club Christiles, kill

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<v Speaker 1>Tanye Jackson, and be identified by Bud Dunn, who they

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<v Speaker 1>now have overheard naming Jay Rich on this jail phone recording,

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<v Speaker 1>so they visit Bud and Chilandra remember neither had subsequently

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<v Speaker 1>identified Jeff to police as they left the club that night.

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<v Speaker 5>At the scene, nobody tells the police Jay Rich. Nobody

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<v Speaker 5>tells the police anything. They didn't really get any stories

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<v Speaker 5>from any of the people that supposedly identified Jeff Smith

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<v Speaker 5>and tell about three days later when they basically were

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<v Speaker 5>going yanking people off the streets and telling them that

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<v Speaker 5>you need to tell your story you may face charges.

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<v Speaker 1>Police spoke with Bud and Schilandra, as well as Lawanda Simpson,

0:14:06.720 --> 0:14:09.719
<v Speaker 1>all of whom we're now willing to name Jeff as

0:14:09.760 --> 0:14:14.719
<v Speaker 1>the shooter. But maybe the contradictory initial statements or what

0:14:14.800 --> 0:14:20.120
<v Speaker 1>they individually stood to gain made them impeachable. So investigators

0:14:20.200 --> 0:14:24.600
<v Speaker 1>turned to jel house snitches like Rayshawn mcclarity, who had

0:14:24.680 --> 0:14:28.320
<v Speaker 1>just informed on his co defendants in an armed assault

0:14:28.600 --> 0:14:29.640
<v Speaker 1>and robbery case.

0:14:30.120 --> 0:14:34.000
<v Speaker 3>This guy, Rayshaw mcclarity tells them, I'm going to cooperate

0:14:34.040 --> 0:14:37.040
<v Speaker 3>with you against my code defendants. Right, So it went

0:14:37.080 --> 0:14:39.680
<v Speaker 3>from twenty five years with a seventeen and a half

0:14:39.720 --> 0:14:44.240
<v Speaker 3>year mandatory to ten years with a seven year mandatory.

0:14:44.440 --> 0:14:47.960
<v Speaker 3>So he got his case dropped it there till hey,

0:14:47.960 --> 0:14:49.960
<v Speaker 3>you know what I want some even better. I'm going

0:14:50.040 --> 0:14:53.760
<v Speaker 3>to testify against Jay Rich Jeff Smith. He says that

0:14:53.920 --> 0:14:57.200
<v Speaker 3>we work together for one day at High V in

0:14:57.240 --> 0:15:00.040
<v Speaker 3>the meat department, which we did. He did quit. He

0:15:00.080 --> 0:15:04.360
<v Speaker 3>had worked there for one day, so no other hanging

0:15:04.400 --> 0:15:07.040
<v Speaker 3>out with each other, know each other, calling each other.

0:15:07.080 --> 0:15:09.800
<v Speaker 3>And he says, for this one day of working at

0:15:09.800 --> 0:15:12.960
<v Speaker 3>the meat department, we went outside on lunch break and

0:15:13.040 --> 0:15:15.200
<v Speaker 3>he said that I told him, hey, you want to

0:15:15.200 --> 0:15:18.160
<v Speaker 3>see a gun. I don't know you, never even met you,

0:15:18.760 --> 0:15:20.680
<v Speaker 3>just working with you for this one day, he says,

0:15:20.720 --> 0:15:23.000
<v Speaker 3>I said, hey, you want to see a gun, and

0:15:23.040 --> 0:15:25.440
<v Speaker 3>I showed him the same kind of gun that they

0:15:25.520 --> 0:15:26.600
<v Speaker 3>said killed my friend.

0:15:26.960 --> 0:15:29.560
<v Speaker 1>And it seems that placing a gun like the one

0:15:29.640 --> 0:15:32.880
<v Speaker 1>used to kill Tanya on Jeff was enough to win

0:15:33.000 --> 0:15:38.280
<v Speaker 1>his release. They also found another jailhouse informant named Jeffrey Grafton, who,

0:15:38.880 --> 0:15:44.040
<v Speaker 1>during his recorded interview, was repeatedly prompted with the answers

0:15:44.080 --> 0:15:48.680
<v Speaker 1>to investigators questions. But it appears that the dodgy statement

0:15:48.720 --> 0:15:52.280
<v Speaker 1>gathering went far beyond jailhouse snitches.

0:15:52.920 --> 0:15:56.320
<v Speaker 5>There's even claims from people who Jeff didn't know, saying

0:15:56.360 --> 0:15:58.680
<v Speaker 5>they were telling people, look, if you got something to say,

0:15:58.760 --> 0:16:01.400
<v Speaker 5>we might have something to pay. Officially, there was never

0:16:01.440 --> 0:16:05.320
<v Speaker 5>any reward money. There's claims pet Jeff went to the

0:16:05.360 --> 0:16:08.560
<v Speaker 5>house of a guy named Ira Harrington that people saw

0:16:08.640 --> 0:16:10.000
<v Speaker 5>him with a gun.

0:16:10.200 --> 0:16:14.720
<v Speaker 1>And those were the grandchildren of Harrington's neighbors, the outlaws,

0:16:15.160 --> 0:16:18.160
<v Speaker 1>and the kids were brought in to give statements.

0:16:18.640 --> 0:16:22.920
<v Speaker 3>When you go into the investigation room, there's a camera

0:16:22.960 --> 0:16:25.600
<v Speaker 3>sitting in the corner. Most people don't know that, so

0:16:25.640 --> 0:16:28.440
<v Speaker 3>when an investigator is in there with the grandfather and

0:16:28.480 --> 0:16:31.080
<v Speaker 3>his granddaughter, he says, I need to take a break

0:16:31.120 --> 0:16:33.360
<v Speaker 3>right quick. I'll be right back, And he left the

0:16:33.400 --> 0:16:38.160
<v Speaker 3>grandfather and the granddaughter in there, and the grandfather says, hey,

0:16:38.400 --> 0:16:40.360
<v Speaker 3>you gotta say you saw a blue car, not a

0:16:40.400 --> 0:16:44.520
<v Speaker 3>green car, so your story can match your cousins. She said, Grandpa,

0:16:44.560 --> 0:16:45.600
<v Speaker 3>I know what I saw.

0:16:45.840 --> 0:16:46.200
<v Speaker 1>I saw.

0:16:46.840 --> 0:16:49.640
<v Speaker 3>No, I told you, you have to say you saw

0:16:49.680 --> 0:16:52.680
<v Speaker 3>a blue car the match up with your cousins. And

0:16:52.720 --> 0:16:56.560
<v Speaker 3>she's quiet because it's their grandfather. And this investigator comes

0:16:56.600 --> 0:16:58.720
<v Speaker 3>back in his room. Now don't forget that camera is

0:16:58.760 --> 0:17:01.720
<v Speaker 3>still rolling, and he's is, oh, yeah, she would like

0:17:01.760 --> 0:17:04.200
<v Speaker 3>to tell you that something else you want to clear up.

0:17:04.400 --> 0:17:08.400
<v Speaker 3>And then the story changes. And even though this is recorded,

0:17:08.440 --> 0:17:12.000
<v Speaker 3>and we take this to the judge, it just says, well,

0:17:12.000 --> 0:17:13.760
<v Speaker 3>that's not up to me to decide. We'll leave that

0:17:13.880 --> 0:17:15.360
<v Speaker 3>up to a jury to the side.

0:17:15.800 --> 0:17:19.240
<v Speaker 1>But at least his attorney was privy to this exculpatory

0:17:19.359 --> 0:17:24.720
<v Speaker 1>video evidence. Meanwhile, there should have been dashcam footage from

0:17:24.840 --> 0:17:29.840
<v Speaker 1>the thirteen police cars that arrived on scene that night.

0:17:30.520 --> 0:17:33.720
<v Speaker 5>Every police car that arrived at the scene arrived with

0:17:33.800 --> 0:17:36.240
<v Speaker 5>the lights and sirens, and in fact, in two thousand

0:17:36.240 --> 0:17:39.240
<v Speaker 5>and three, it was the official policy that the fact

0:17:39.280 --> 0:17:44.600
<v Speaker 5>that the lights and sirens on, automatically turns on their cameras.

0:17:43.960 --> 0:17:48.239
<v Speaker 1>And yet not a single dashboard cam is rolling when

0:17:48.280 --> 0:17:48.920
<v Speaker 1>they pull up.

0:17:49.440 --> 0:17:51.679
<v Speaker 5>And you can come up with a number of potential

0:17:51.760 --> 0:17:55.840
<v Speaker 5>theories of why that might be okay, because as they're

0:17:55.880 --> 0:17:58.439
<v Speaker 5>speeding to the scene, there might have been a purple

0:17:58.480 --> 0:18:01.760
<v Speaker 5>aurora speeding away from the seat, okay.

0:18:01.680 --> 0:18:05.800
<v Speaker 1>Or the dashcam footage just conflicted with their narrative in

0:18:05.880 --> 0:18:10.840
<v Speaker 1>some other monumental way, which we'll discuss later. Now, also

0:18:10.840 --> 0:18:14.520
<v Speaker 1>when available to the defense, there's surveillance footage from Club

0:18:14.600 --> 0:18:19.200
<v Speaker 1>Chris Styles fancy news security system. So fast forward three

0:18:19.280 --> 0:18:22.680
<v Speaker 1>years and Jeff was finally taken to trial in two

0:18:22.720 --> 0:18:27.480
<v Speaker 1>thousand and nine, facing these poor manipulated children as well

0:18:27.520 --> 0:18:29.399
<v Speaker 1>as the incentivized witnesses.

0:18:30.000 --> 0:18:32.600
<v Speaker 3>Slandra Dunn looked at me and they said, you see

0:18:32.600 --> 0:18:34.960
<v Speaker 3>the person who did the shooting, And then she looked

0:18:34.960 --> 0:18:36.639
<v Speaker 3>at me and he was like, yeah, he's right there,

0:18:36.920 --> 0:18:39.480
<v Speaker 3>And I'm like, how are you gonna put me somewhere?

0:18:39.560 --> 0:18:42.600
<v Speaker 3>I was never there and I didn't understand it, and

0:18:42.640 --> 0:18:44.880
<v Speaker 3>I just looked and I was just praying in my head,

0:18:45.040 --> 0:18:47.840
<v Speaker 3>like wow, you know.

0:18:48.640 --> 0:18:53.760
<v Speaker 1>Then there were the jailhouse snitches, like mclarity, who had

0:18:53.800 --> 0:18:56.640
<v Speaker 1>walked Scott free from his violent crime.

0:18:56.760 --> 0:19:00.840
<v Speaker 3>Went home free after shooting someone with a shaw offsotgod

0:19:01.359 --> 0:19:04.720
<v Speaker 3>who had a bright future and crippling it. But all

0:19:04.760 --> 0:19:06.840
<v Speaker 3>of that didn't matter as long as he was able

0:19:06.840 --> 0:19:07.879
<v Speaker 3>to testify against me.

0:19:07.920 --> 0:19:11.960
<v Speaker 1>A lot just wash the slate clean by setting you up. Yes,

0:19:12.040 --> 0:19:17.200
<v Speaker 1>it so. Without a fuller investigation into the narrative that

0:19:17.240 --> 0:19:20.399
<v Speaker 1>the state had built, the time of the shooting was

0:19:20.480 --> 0:19:26.160
<v Speaker 1>accepted to be nine seventeen PM, neutering Jeff's alibi, the

0:19:26.160 --> 0:19:31.480
<v Speaker 1>purple Aurora became the blue Monte Carlo, A shooter over

0:19:31.560 --> 0:19:35.520
<v Speaker 1>six foot became five foot seven, and a well known

0:19:35.600 --> 0:19:38.600
<v Speaker 1>local rapper who was not named by witnesses at the

0:19:38.600 --> 0:19:43.399
<v Speaker 1>club that night was now identified from those same witnesses

0:19:43.520 --> 0:19:44.320
<v Speaker 1>from the stand.

0:19:45.359 --> 0:19:49.480
<v Speaker 3>The worst part about that whole thing, when they read

0:19:49.520 --> 0:19:52.760
<v Speaker 3>that verdict, it was like I didn't hear nothing else

0:19:52.920 --> 0:19:57.080
<v Speaker 3>in that courtroom except for my mom breaking down crying.

0:19:58.640 --> 0:20:02.520
<v Speaker 3>I didn't hear the victim's family celebrating. I didn't hear

0:20:03.119 --> 0:20:06.159
<v Speaker 3>my friend saying anything to me. The only thing that

0:20:06.240 --> 0:20:09.720
<v Speaker 3>I heard was my mom breaking down crime. Everything else

0:20:09.800 --> 0:20:12.200
<v Speaker 3>was silent. I couldn't even hold my mom. I couldn't

0:20:12.240 --> 0:20:15.159
<v Speaker 3>even tell her it's okay. I couldn't kiss her on

0:20:15.200 --> 0:20:19.040
<v Speaker 3>the forehead, and she just broke down and it was

0:20:19.119 --> 0:20:35.880
<v Speaker 3>just all now, my baby, my baby, my baby. If

0:20:35.920 --> 0:20:40.679
<v Speaker 3>you don't have faith, you better find it and you

0:20:40.760 --> 0:20:44.640
<v Speaker 3>better hold on to it and never lose it. If

0:20:44.680 --> 0:20:47.719
<v Speaker 3>it wasn't for my mom. And keep in mind, my

0:20:47.800 --> 0:20:51.840
<v Speaker 3>mom had a drug addiction for almost my whole life.

0:20:52.720 --> 0:20:55.560
<v Speaker 3>So when I caught this case and she came to Iowa,

0:20:56.280 --> 0:20:59.320
<v Speaker 3>she came on a mission, as if God called her

0:20:59.320 --> 0:21:01.440
<v Speaker 3>and say, you missed a lot of time in your

0:21:01.440 --> 0:21:03.399
<v Speaker 3>son's life, but I need you to get on your

0:21:03.480 --> 0:21:07.520
<v Speaker 3>job now. And she put her boots on and grabbed

0:21:07.560 --> 0:21:11.720
<v Speaker 3>her shield and her armor, and man, she was there,

0:21:12.359 --> 0:21:16.000
<v Speaker 3>and she said, pick your head up. Don't you be mad,

0:21:16.400 --> 0:21:19.320
<v Speaker 3>don't be angry, don't be bitter. Pick your head up

0:21:19.400 --> 0:21:24.399
<v Speaker 3>and smile that same smile that's so beautiful. You better smile.

0:21:25.080 --> 0:21:27.840
<v Speaker 3>And I'll just be like I'm going through the most,

0:21:28.720 --> 0:21:31.480
<v Speaker 3>you know, like I have a right to be angry.

0:21:31.520 --> 0:21:35.439
<v Speaker 3>I didn't do nothing. They got me stuck here, and

0:21:35.480 --> 0:21:37.960
<v Speaker 3>she just said, don't worry about that. Baby. God got you,

0:21:38.359 --> 0:21:40.080
<v Speaker 3>And she said I talk to him every night. I

0:21:40.119 --> 0:21:42.280
<v Speaker 3>know he got you, and I would just look at

0:21:42.320 --> 0:21:44.840
<v Speaker 3>her and I said, Mom, sometimes it hurts the smile.

0:21:45.440 --> 0:21:48.400
<v Speaker 3>And she said, if you acknowledge that pain, and you said,

0:21:48.400 --> 0:21:51.960
<v Speaker 3>it hurts the smile. You letting them win. Your smile

0:21:52.880 --> 0:21:55.920
<v Speaker 3>is the joy. And if you let somebody else take

0:21:55.960 --> 0:21:59.520
<v Speaker 3>your joy away from you, what do you have left?

0:22:01.000 --> 0:22:06.080
<v Speaker 1>But days turned to weeks, turned two months, turned to years,

0:22:06.160 --> 0:22:08.119
<v Speaker 1>turned to two decades.

0:22:08.560 --> 0:22:13.040
<v Speaker 3>I held on to knowing that I was innocent. Eventually

0:22:13.040 --> 0:22:16.320
<v Speaker 3>someone's gonna see this. Eventually the right thing is gonna

0:22:16.320 --> 0:22:19.960
<v Speaker 3>be done. And my mom always reassured me that I'm

0:22:19.960 --> 0:22:22.399
<v Speaker 3>gonna stay on this journey with you because I believe

0:22:22.440 --> 0:22:24.600
<v Speaker 3>in you too, and I too know that you didn't

0:22:24.640 --> 0:22:26.760
<v Speaker 3>do this, and we're gonna get through this.

0:22:27.480 --> 0:22:30.920
<v Speaker 1>But before he could even begin fighting the murder conviction,

0:22:31.480 --> 0:22:34.440
<v Speaker 1>he still had to fight the possession of zero point

0:22:34.600 --> 0:22:38.439
<v Speaker 1>three grams, for which they charged him with intent to sell,

0:22:38.960 --> 0:22:41.919
<v Speaker 1>offering him a plea deal for ten years.

0:22:42.440 --> 0:22:46.199
<v Speaker 3>Catherine Mahoney, she represented me on this drug case and

0:22:47.200 --> 0:22:50.240
<v Speaker 3>we beat this drug case. And she was like, something

0:22:50.320 --> 0:22:52.639
<v Speaker 3>is wrong, and she's seen the same thing that I said.

0:22:53.080 --> 0:22:55.639
<v Speaker 3>If you did everything by the book, why would you

0:22:55.680 --> 0:22:57.359
<v Speaker 3>be trying to give me more time when I have

0:22:57.560 --> 0:23:01.320
<v Speaker 3>life without the possibility of parole, and she went through

0:23:01.359 --> 0:23:02.400
<v Speaker 3>those records.

0:23:02.800 --> 0:23:06.200
<v Speaker 5>She and the drug case hired a private investigator named

0:23:06.240 --> 0:23:11.840
<v Speaker 5>Scott Gracious, and they then did the very difficult work

0:23:11.880 --> 0:23:15.320
<v Speaker 5>that a lot of lawyers don't do and dove through

0:23:15.840 --> 0:23:18.679
<v Speaker 5>every shred of paper in the case. There were a

0:23:18.680 --> 0:23:22.240
<v Speaker 5>ton of search warrants for cell phone records at that time,

0:23:22.600 --> 0:23:27.560
<v Speaker 5>but Jeff's was unlike the other warrants. Jeff's sought location

0:23:27.880 --> 0:23:31.240
<v Speaker 5>information as well, the others didn't.

0:23:31.640 --> 0:23:34.160
<v Speaker 1>Jeff was last on the phone from nine to eight

0:23:34.240 --> 0:23:37.639
<v Speaker 1>to nine ten PM, a few miles away from the scene.

0:23:38.119 --> 0:23:43.040
<v Speaker 5>And this is a really unique instance where there was

0:23:43.080 --> 0:23:46.520
<v Speaker 5>a recording somebody in the jail talking to their girlfriend

0:23:47.040 --> 0:23:51.040
<v Speaker 5>and you literally hear clearly the three shots.

0:23:51.640 --> 0:23:54.240
<v Speaker 1>The state had claimed that the shooting and all the

0:23:54.280 --> 0:23:57.760
<v Speaker 1>subsequent nine to one one calls happened from nine to

0:23:57.880 --> 0:24:03.320
<v Speaker 1>seventeen to nine twenty one, but the recorded jail phone

0:24:03.359 --> 0:24:07.040
<v Speaker 1>call began at nine oh one and thirty five seconds,

0:24:07.280 --> 0:24:11.440
<v Speaker 1>and there were three gunshots heard six minutes and fifty

0:24:11.520 --> 0:24:15.720
<v Speaker 1>eight seconds later, placing the crime at nine oh eight

0:24:15.880 --> 0:24:17.360
<v Speaker 1>and thirty three seconds.

0:24:17.760 --> 0:24:20.800
<v Speaker 3>Catherine bid Jeff, you were on the phone at that time,

0:24:20.840 --> 0:24:23.280
<v Speaker 3>and I said, I knew I was on my phone,

0:24:23.280 --> 0:24:27.200
<v Speaker 3>but I don't know what time the shooting was. She said, no, no, no, no, Jeff,

0:24:27.200 --> 0:24:29.440
<v Speaker 3>you were on the phone at the time of the

0:24:29.480 --> 0:24:31.320
<v Speaker 3>shooting and you were not over there.

0:24:31.359 --> 0:24:34.000
<v Speaker 5>And I was like what She Kin's got to the

0:24:34.040 --> 0:24:36.960
<v Speaker 5>simple math and said it might be difficult for him

0:24:37.000 --> 0:24:40.359
<v Speaker 5>to be paying off a tower that's two towers away

0:24:40.800 --> 0:24:42.080
<v Speaker 5>at the time of the murder.

0:24:42.359 --> 0:24:45.000
<v Speaker 1>Did the prosecution know that?

0:24:45.000 --> 0:24:48.720
<v Speaker 5>That's a tough question to answer directly, because we don't

0:24:48.760 --> 0:24:52.520
<v Speaker 5>know what they knew. What we know is that it

0:24:52.720 --> 0:24:56.520
<v Speaker 5>very easily could have been discovered and should have been

0:24:56.560 --> 0:25:01.639
<v Speaker 5>discovered by the original defense team. But there are circumstantial

0:25:01.680 --> 0:25:05.320
<v Speaker 5>facts that say, you're damn right they knew, and that's

0:25:05.359 --> 0:25:08.080
<v Speaker 5>why they changed the time of the shooting to make

0:25:08.119 --> 0:25:11.160
<v Speaker 5>it about ten minutes after, so that Jeff's cell phone

0:25:11.160 --> 0:25:14.199
<v Speaker 5>records would not be relevant to the case and to

0:25:14.280 --> 0:25:19.120
<v Speaker 5>distract the defense attorneys away from using that powerful evidence

0:25:19.560 --> 0:25:20.280
<v Speaker 5>in their case.

0:25:20.320 --> 0:25:23.960
<v Speaker 1>In cheap Jeff, you're sitting in prison and you find

0:25:24.000 --> 0:25:28.520
<v Speaker 1>out in twenty twelve and this nightmare for you started

0:25:29.080 --> 0:25:32.879
<v Speaker 1>in two thousand and six. Six years later, you're like,

0:25:33.000 --> 0:25:35.920
<v Speaker 1>oh my gosh, this is it, and.

0:25:35.960 --> 0:25:37.800
<v Speaker 3>You get your hopes up and you're thinking, this is

0:25:37.840 --> 0:25:41.000
<v Speaker 3>that moment it's about to happen. I'm about to get home.

0:25:41.040 --> 0:25:44.160
<v Speaker 3>I'm finally about to be there for my mom. No, okay,

0:25:44.200 --> 0:25:48.960
<v Speaker 3>all right, And it doesn't work that way because, as

0:25:49.000 --> 0:25:52.600
<v Speaker 3>you can see, I didn't get it until thirteen years later.

0:25:54.119 --> 0:25:58.240
<v Speaker 5>For the longest period of time, they were arguing that, well,

0:25:58.280 --> 0:26:02.280
<v Speaker 5>the jails call system and that's just not accurate because

0:26:02.320 --> 0:26:05.160
<v Speaker 5>of the nine to one one calls. The jail phone

0:26:05.200 --> 0:26:09.680
<v Speaker 5>call ends at nine point fifteen. The first official nine

0:26:09.680 --> 0:26:12.560
<v Speaker 5>to one one call doesn't come in until nine seventeen

0:26:12.760 --> 0:26:15.720
<v Speaker 5>nine one one call it nine nineteen nine one call

0:26:15.960 --> 0:26:16.639
<v Speaker 5>nine twenty.

0:26:17.119 --> 0:26:19.640
<v Speaker 1>So one of the systems had to be accurate, right,

0:26:20.000 --> 0:26:23.760
<v Speaker 1>But the burden approving which one was fell to Jeff

0:26:23.840 --> 0:26:27.720
<v Speaker 1>and his team. So at this time, jail calls were

0:26:27.720 --> 0:26:30.479
<v Speaker 1>collect and they could not be received by cell phones.

0:26:30.880 --> 0:26:34.600
<v Speaker 1>So Marlon Ersrie had set up his landline to accept

0:26:34.600 --> 0:26:38.240
<v Speaker 1>the collect call and forward it to Chilandra Done. Cell

0:26:38.280 --> 0:26:39.760
<v Speaker 1>phone actually had.

0:26:39.720 --> 0:26:43.919
<v Speaker 5>A good system for the time, and so we compared

0:26:44.080 --> 0:26:47.480
<v Speaker 5>the landline records with the jail phone call and the

0:26:47.600 --> 0:26:52.600
<v Speaker 5>landlines there by federal law accurate to like a million

0:26:52.680 --> 0:26:56.200
<v Speaker 5>of a second. Those can't be wrong. They will shut

0:26:56.200 --> 0:27:00.000
<v Speaker 5>the tower down otherwise. So all of a sudden, that's

0:27:00.040 --> 0:27:03.679
<v Speaker 5>stuff just started to cement. We had to factor in

0:27:03.760 --> 0:27:07.960
<v Speaker 5>some other things that weren't initially factored in, such as

0:27:08.000 --> 0:27:12.040
<v Speaker 5>the lag time for the phone from the jail to

0:27:12.160 --> 0:27:15.199
<v Speaker 5>connect to the home phone and then forward to his

0:27:15.280 --> 0:27:16.080
<v Speaker 5>girlfriend's phone.

0:27:16.240 --> 0:27:20.199
<v Speaker 1>So even with the additional lag, the landline confirmed that

0:27:20.240 --> 0:27:24.160
<v Speaker 1>the jail phone call time was correct and made Jeff's

0:27:24.200 --> 0:27:29.240
<v Speaker 1>guilt impossible. Yet somehow the state continued to cling to

0:27:29.280 --> 0:27:31.959
<v Speaker 1>the nine to one one calls that placed the crime

0:27:32.119 --> 0:27:36.080
<v Speaker 1>almost ten minutes later. So Tom hired another expert to

0:27:36.119 --> 0:27:39.159
<v Speaker 1>look into the metadata of the digital recordings of the

0:27:39.240 --> 0:27:41.159
<v Speaker 1>nine one one calls, thee.

0:27:41.040 --> 0:27:45.600
<v Speaker 5>IF nine recordings that we got on a compact disc

0:27:46.080 --> 0:27:50.520
<v Speaker 5>back from two thousand and six. Even then, the metadata

0:27:51.000 --> 0:27:53.760
<v Speaker 5>underlying those recordings has been scrubbed.

0:27:53.960 --> 0:27:55.680
<v Speaker 3>Wipe them, wipe them.

0:27:56.160 --> 0:27:59.159
<v Speaker 5>So there's a gap where the metadata is white, and

0:27:59.200 --> 0:28:01.879
<v Speaker 5>that's the period of the shooting and one one calls.

0:28:02.160 --> 0:28:08.200
<v Speaker 5>And then at about nine pm the metadata magically shows

0:28:08.280 --> 0:28:08.760
<v Speaker 5>up again.

0:28:09.000 --> 0:28:13.040
<v Speaker 3>And the prosecutor at that time was Kim Griffin, and

0:28:13.200 --> 0:28:16.800
<v Speaker 3>she kept on continuing the situation and pushing it off,

0:28:17.240 --> 0:28:20.840
<v Speaker 3>and finally the judge tells her that there's no more

0:28:20.880 --> 0:28:24.439
<v Speaker 3>continuous to get him in here, and let's have this trial.

0:28:25.440 --> 0:28:27.280
<v Speaker 3>And what was it to him, like two weeks before

0:28:27.320 --> 0:28:31.120
<v Speaker 3>a trial? She says, well, I don't know how he's

0:28:31.119 --> 0:28:33.720
<v Speaker 3>getting the trial, but I'm not taking him because I'm retiring.

0:28:35.080 --> 0:28:53.480
<v Speaker 3>After she continued the case for eight or nine years.

0:28:54.400 --> 0:28:58.200
<v Speaker 1>If you're wondering how a prosecutor could be so cold

0:28:58.400 --> 0:29:02.120
<v Speaker 1>and glib to just deny, I deflect and delay while

0:29:02.200 --> 0:29:05.240
<v Speaker 1>running out the clock on someone's life, you're not alone.

0:29:06.000 --> 0:29:09.680
<v Speaker 1>And unfortunately Jeff is not alone in that experience. But

0:29:10.520 --> 0:29:12.960
<v Speaker 1>just in case the new prosecutor was cut from the

0:29:13.000 --> 0:29:17.200
<v Speaker 1>same cloth, Tom hired another expert, an audio engineer.

0:29:18.640 --> 0:29:25.640
<v Speaker 5>We hired an audio engineer. Incredible guy that compared the

0:29:25.760 --> 0:29:29.080
<v Speaker 5>jail tape, and you could see it, you know, as

0:29:29.120 --> 0:29:32.360
<v Speaker 5>it crosses the screen and then underneath it and the

0:29:32.480 --> 0:29:35.440
<v Speaker 5>nine one one calls. He's got a big screen. He'd

0:29:35.520 --> 0:29:38.160
<v Speaker 5>lay them over the top of each other and he's

0:29:38.200 --> 0:29:42.600
<v Speaker 5>showing these look these exact same audio signatures of different things.

0:29:42.600 --> 0:29:46.840
<v Speaker 5>In the background, people yelling, screaming, please, radio traffic that

0:29:47.000 --> 0:29:47.800
<v Speaker 5>kind of thing.

0:29:48.240 --> 0:29:50.680
<v Speaker 3>Can be heard in the jail call.

0:29:51.040 --> 0:29:55.320
<v Speaker 5>On a tape that ends at nine fifty, and the

0:29:55.360 --> 0:29:59.720
<v Speaker 5>official nine one one time says they occurred at nine seventeen.

0:30:02.000 --> 0:30:04.960
<v Speaker 3>All of this, but it's happening in the jail call.

0:30:05.360 --> 0:30:07.680
<v Speaker 1>The expert revealed that the nine one one calls can

0:30:07.720 --> 0:30:11.080
<v Speaker 1>be overheard on the recorded jail phone call and vice versa.

0:30:11.520 --> 0:30:14.400
<v Speaker 1>So the nine one one calls happened during the jail

0:30:14.440 --> 0:30:16.880
<v Speaker 1>call that placed the shooting at nine to eight and change,

0:30:17.320 --> 0:30:21.160
<v Speaker 1>while the missing metadata allowed for the incorrect times to

0:30:21.200 --> 0:30:24.400
<v Speaker 1>be assigned to the nine one one calls. Now did

0:30:24.520 --> 0:30:29.880
<v Speaker 1>the police and prosecutors know that? I guess we can't

0:30:29.880 --> 0:30:33.440
<v Speaker 1>know that. But then when you consider what else happened

0:30:33.480 --> 0:30:37.040
<v Speaker 1>in this case, like the purple Aurora just morphing into

0:30:37.120 --> 0:30:41.440
<v Speaker 1>Jeff's blue car, the manipulated statements from the outlaws grandkids,

0:30:41.480 --> 0:30:45.640
<v Speaker 1>the jailhouse snitches, and what happened to all the video evidence,

0:30:45.880 --> 0:30:49.400
<v Speaker 1>like the club's surveillance footage. They had photos of the

0:30:49.400 --> 0:30:51.120
<v Speaker 1>club's camera system monitor.

0:30:52.000 --> 0:30:55.800
<v Speaker 5>It showed right at the front door where the shooter stood,

0:30:56.360 --> 0:30:59.400
<v Speaker 5>and it would have captured that shooter and would have

0:30:59.440 --> 0:31:02.800
<v Speaker 5>also captured the shooter running away and what captured the

0:31:02.920 --> 0:31:05.200
<v Speaker 5>people that were outside when the shooter ran away.

0:31:05.320 --> 0:31:09.240
<v Speaker 3>But just like the dash cam videos that who was going.

0:31:09.160 --> 0:31:12.600
<v Speaker 5>Too, there's no reason for that footage not to exist.

0:31:12.880 --> 0:31:14.200
<v Speaker 1>What reason have you been given?

0:31:14.640 --> 0:31:18.120
<v Speaker 5>The reason was that just simply wasn't operating, was monitoring

0:31:18.160 --> 0:31:20.160
<v Speaker 5>at the time, but it wasn't recording. And that was

0:31:20.200 --> 0:31:25.440
<v Speaker 5>an explanation, mind you, that was finally given officially in

0:31:25.480 --> 0:31:27.880
<v Speaker 5>twoenty sixteen or seventeen.

0:31:28.400 --> 0:31:29.880
<v Speaker 1>It took them over.

0:31:30.200 --> 0:31:34.160
<v Speaker 5>Eleven years to document that the system wasn't working, and

0:31:34.240 --> 0:31:37.280
<v Speaker 5>then it was documented by an officer who wasn't even

0:31:37.280 --> 0:31:38.400
<v Speaker 5>at the crime scene.

0:31:39.000 --> 0:31:42.120
<v Speaker 3>Well, if you ever heard your grandmother mom says, once

0:31:42.200 --> 0:31:45.120
<v Speaker 3>you tell one lie, you have to tell another lie

0:31:45.280 --> 0:31:49.600
<v Speaker 3>to cover up that lie. So many lies. You have

0:31:49.800 --> 0:31:53.440
<v Speaker 3>the dashcam videos, you have the videos from the club,

0:31:53.880 --> 0:31:56.280
<v Speaker 3>you have the nive on one calls, you have the

0:31:56.520 --> 0:31:59.840
<v Speaker 3>actual phone call, the jail phone call. So it's one

0:31:59.840 --> 0:32:03.880
<v Speaker 3>lie after another instead of saying stop this, let's go

0:32:03.920 --> 0:32:04.680
<v Speaker 3>into our job.

0:32:05.200 --> 0:32:10.040
<v Speaker 1>And they didn't, but Jeff's team did. They found additional

0:32:10.080 --> 0:32:13.680
<v Speaker 1>witnesses who believe they know who the actual shooter was.

0:32:14.560 --> 0:32:19.040
<v Speaker 5>We found one witness who has unfortunately now passed away.

0:32:19.520 --> 0:32:23.000
<v Speaker 5>Channette Crispy. We found a guy named Willie mc kentton.

0:32:23.320 --> 0:32:26.560
<v Speaker 5>We found a guy named Patrick Sallas that all pointed

0:32:26.600 --> 0:32:29.760
<v Speaker 5>the finger at a different person as the shooter. Sannette Crispy,

0:32:29.800 --> 0:32:33.640
<v Speaker 5>who said, I was outside hustling selling crack and I

0:32:33.760 --> 0:32:38.080
<v Speaker 5>saw Bud Done. I saw the shooter run by Bud Done.

0:32:38.280 --> 0:32:41.280
<v Speaker 5>I know who Jeff Smith is. It wasn't Jeff Smith.

0:32:41.520 --> 0:32:44.480
<v Speaker 5>And they ran to a purple arm and she described

0:32:44.600 --> 0:32:47.440
<v Speaker 5>somebody who fit the profile of the guy that we

0:32:47.520 --> 0:32:52.040
<v Speaker 5>eventually landed on as our suspect. But anyway, she's talking

0:32:52.080 --> 0:32:54.160
<v Speaker 5>to the police. The police are blowing her up. She

0:32:54.320 --> 0:32:58.960
<v Speaker 5>knows the officery she talked to. That same officer testified

0:32:59.440 --> 0:33:02.920
<v Speaker 5>even back in two thousand and seven, whenever her deposition

0:33:03.040 --> 0:33:05.800
<v Speaker 5>was taken, even at trial. No, I didn't keep track

0:33:05.840 --> 0:33:08.160
<v Speaker 5>of all the names the people that I talked to. No,

0:33:08.400 --> 0:33:11.120
<v Speaker 5>I didn't keep track of all the witnesses that were there.

0:33:11.160 --> 0:33:14.120
<v Speaker 5>I didn't write down any names. I didn't write down anything.

0:33:14.520 --> 0:33:18.040
<v Speaker 1>So what happened to the suspect that you guys have

0:33:18.240 --> 0:33:18.840
<v Speaker 1>settled on.

0:33:19.320 --> 0:33:22.960
<v Speaker 5>Ultimately he has met his maker. He was murdered years

0:33:23.040 --> 0:33:27.920
<v Speaker 5>later at another night glub Yeah, and we also found

0:33:27.920 --> 0:33:30.120
<v Speaker 5>a gentleman who was no friend of Jess Smith, who

0:33:30.120 --> 0:33:34.960
<v Speaker 5>had actually stole Jets cars, ripped his stereo up, and

0:33:35.160 --> 0:33:40.440
<v Speaker 5>then left the car years ago. Right, this guy testified that, Hey,

0:33:40.520 --> 0:33:43.760
<v Speaker 5>this person that you think did it, he confessed to me,

0:33:44.080 --> 0:33:46.840
<v Speaker 5>told me that they buried the gun, which was never found.

0:33:47.400 --> 0:33:51.160
<v Speaker 5>He described the gun, And eventually we found a witness

0:33:51.200 --> 0:33:55.040
<v Speaker 5>who said that, look, I was with these guys when

0:33:55.120 --> 0:33:58.840
<v Speaker 5>they planned the murder, and they discussed why the murder

0:33:58.880 --> 0:34:00.760
<v Speaker 5>was going to happen, in the motive for the murder,

0:34:00.960 --> 0:34:04.080
<v Speaker 5>and that guy had a motive to now want to

0:34:04.120 --> 0:34:07.640
<v Speaker 5>help Jeff either. I mean, that guy when I first

0:34:07.680 --> 0:34:10.640
<v Speaker 5>talked to him, said, you know he slept with my girlfriend.

0:34:10.320 --> 0:34:12.640
<v Speaker 1>Right you know Jeff.

0:34:17.080 --> 0:34:21.200
<v Speaker 5>Yeah, so they were pretty much enemies of each other.

0:34:21.480 --> 0:34:25.399
<v Speaker 5>Budd He finally came forward. Supposedly, the victim and one

0:34:25.440 --> 0:34:28.480
<v Speaker 5>of the guys in this other group were in a

0:34:28.600 --> 0:34:31.399
<v Speaker 5>love try and go with a different woman and they

0:34:31.440 --> 0:34:34.120
<v Speaker 5>both kept drugs and money out of her house, and

0:34:34.320 --> 0:34:38.239
<v Speaker 5>Tanye came across the other dudes drugs and money and

0:34:38.320 --> 0:34:39.400
<v Speaker 5>went mine.

0:34:40.000 --> 0:34:43.560
<v Speaker 1>So not only did they prove Jeff's alibi, but they

0:34:43.640 --> 0:34:47.879
<v Speaker 1>also offered an arguably more plausible suspect and theory, and

0:34:48.120 --> 0:34:52.399
<v Speaker 1>they compiled the newly discovered evidence along with an ineffective

0:34:52.440 --> 0:34:56.120
<v Speaker 1>assistance of Council claim and one Jeff a new trial

0:34:56.320 --> 0:34:57.480
<v Speaker 1>in twenty twenty five.

0:34:58.160 --> 0:35:01.880
<v Speaker 3>When I got that news, I was thinking that, okay,

0:35:02.120 --> 0:35:04.520
<v Speaker 3>I'm about to go and hug my mom. I'm about

0:35:04.560 --> 0:35:06.600
<v Speaker 3>to be therefore, because at this time she's in a

0:35:06.680 --> 0:35:09.920
<v Speaker 3>nursing home and she suffered from the strokes, and it

0:35:10.000 --> 0:35:12.759
<v Speaker 3>was like, I'm finally about to do this, and that

0:35:12.840 --> 0:35:16.920
<v Speaker 3>didn't happen because first it was well, they're going to

0:35:17.000 --> 0:35:20.360
<v Speaker 3>agree to Lord de bund to this, and then well,

0:35:20.440 --> 0:35:22.239
<v Speaker 3>now they're saying that we're going to take it up

0:35:22.320 --> 0:35:24.360
<v Speaker 3>extra hundred thousand. It's going to go to this, but

0:35:24.400 --> 0:35:26.760
<v Speaker 3>it's still manageable, will be able to get you home.

0:35:27.160 --> 0:35:30.640
<v Speaker 3>To us having a bun hearing and heeds arguing for

0:35:30.760 --> 0:35:33.680
<v Speaker 3>a million dollar bond, We're thinking that, well, okay, we

0:35:33.719 --> 0:35:36.320
<v Speaker 3>got a good argument. I haven't been in any trouble.

0:35:36.680 --> 0:35:40.399
<v Speaker 3>And the judge still says seven hundred and fifty thousand.

0:35:40.719 --> 0:35:44.239
<v Speaker 1>And Jeff didn't have seventy five thousand dollars plus real

0:35:44.360 --> 0:35:48.120
<v Speaker 1>estate collateral to be released. And while great efforts were

0:35:48.120 --> 0:35:51.400
<v Speaker 1>being made to raise that capital on his behalf, which

0:35:51.560 --> 0:35:56.319
<v Speaker 1>was finally accomplished on October twentieth, twenty twenty five. His

0:35:56.440 --> 0:35:59.520
<v Speaker 1>mother passed away just seven days earlier.

0:36:00.840 --> 0:36:03.760
<v Speaker 3>It was the worst pain that her son could feel.

0:36:04.160 --> 0:36:07.400
<v Speaker 3>Nothing measured up to them taking my freedom away from me.

0:36:07.560 --> 0:36:11.000
<v Speaker 3>Then to know that my mom was no longer here,

0:36:12.080 --> 0:36:14.640
<v Speaker 3>and there's no way you could prepare for it. I

0:36:14.640 --> 0:36:16.640
<v Speaker 3>can see as she's just smiling down at me.

0:36:16.719 --> 0:36:19.720
<v Speaker 5>Now they knew Jeff's mom situation.

0:36:20.600 --> 0:36:23.359
<v Speaker 3>She was helping me fight you evil people. Now she's

0:36:23.400 --> 0:36:26.000
<v Speaker 3>in heaven. She's gonna help with a bigger fight. And

0:36:26.040 --> 0:36:29.120
<v Speaker 3>you have no idea. And a miracle happened.

0:36:29.600 --> 0:36:32.799
<v Speaker 1>And it certainly presents like some kind of divine intervention.

0:36:33.400 --> 0:36:39.240
<v Speaker 1>When total strangers raised the seventy five thousand dollars.

0:36:40.080 --> 0:36:46.319
<v Speaker 5>You know, a group of I think mostly women that

0:36:46.920 --> 0:36:51.200
<v Speaker 5>her Jeff's plight, and they were the Iowa representatives of

0:36:51.239 --> 0:36:55.040
<v Speaker 5>the National Pail Fund. And this group of young moms,

0:36:55.440 --> 0:36:59.600
<v Speaker 5>right little kids, throwing kids into the shoe bees and

0:36:59.680 --> 0:37:03.640
<v Speaker 5>running around, and they went to the national organization and

0:37:03.640 --> 0:37:08.000
<v Speaker 5>they got seventy five thousand dollars in cash raise to

0:37:08.040 --> 0:37:08.839
<v Speaker 5>get jump out.

0:37:09.120 --> 0:37:14.040
<v Speaker 1>Oh so Jeff in your mind, that miracle of those

0:37:14.800 --> 0:37:19.200
<v Speaker 1>moms coming together to raise that bail money for you.

0:37:19.840 --> 0:37:24.880
<v Speaker 1>They were being guided by your mom. At this point,

0:37:25.040 --> 0:37:27.280
<v Speaker 1>the state is appealing the grant of his new trial

0:37:27.320 --> 0:37:31.200
<v Speaker 1>to the Iowa Supreme Court, which, after what we've heard

0:37:31.239 --> 0:37:35.680
<v Speaker 1>here today, I really hope they reconsider. In the meantime,

0:37:36.400 --> 0:37:38.320
<v Speaker 1>I'm left wondering what we can do to help.

0:37:38.760 --> 0:37:42.200
<v Speaker 5>I know they can start listening to Jeff's music. The

0:37:42.280 --> 0:37:45.040
<v Speaker 5>same day he walked out of jail, he walked across

0:37:45.080 --> 0:37:48.520
<v Speaker 5>the street to a recording studio and recorded a video

0:37:49.040 --> 0:37:52.239
<v Speaker 5>and a song with some people that helped him. I

0:37:52.280 --> 0:37:53.160
<v Speaker 5>was just blown away.

0:37:55.760 --> 0:38:01.920
<v Speaker 6>Yes I am, Yes I can who that just beat

0:38:01.960 --> 0:38:03.879
<v Speaker 6>up them charge spelling them to dead, no human them

0:38:03.920 --> 0:38:05.520
<v Speaker 6>hall its ain't big X when they know them the

0:38:05.600 --> 0:38:09.200
<v Speaker 6>Lord just sit on my exig the reflawless at getting.

0:38:08.960 --> 0:38:10.520
<v Speaker 3>The hard it's pissed off. Who's gonna flex?

0:38:10.560 --> 0:38:12.719
<v Speaker 6>And recardless hiding from movie how I'm talking?

0:38:12.719 --> 0:38:15.440
<v Speaker 3>They telling nom who don't get me started? They The

0:38:15.560 --> 0:38:18.239
<v Speaker 3>songs that I've put out after that first video that

0:38:18.280 --> 0:38:21.160
<v Speaker 3>I put out were just songs that I found a

0:38:21.160 --> 0:38:24.400
<v Speaker 3>way to record while in prison to deal with that frustration.

0:38:24.560 --> 0:38:29.000
<v Speaker 3>So actually now I've already started recording new material. I

0:38:29.040 --> 0:38:31.000
<v Speaker 3>hope that I get the ear of one of these

0:38:31.600 --> 0:38:34.600
<v Speaker 3>major record companies to say let's put them to work.

0:38:34.880 --> 0:38:36.320
<v Speaker 1>Where can I find your music?

0:38:36.520 --> 0:38:41.520
<v Speaker 3>You can follow me on TikTok under ATP Richie, Facebook

0:38:41.560 --> 0:38:47.880
<v Speaker 3>under ATP Richie, and Instagram under the Real Underscore ATP Richie.

0:38:48.520 --> 0:38:51.840
<v Speaker 3>The ATP it comes from my mom. It's ambition to prosper.

0:38:52.160 --> 0:38:54.760
<v Speaker 3>My mom used to always tell me her favorite scripture

0:38:54.760 --> 0:38:58.480
<v Speaker 3>from the Bible. She said, no weapon formed against you

0:38:58.600 --> 0:39:02.560
<v Speaker 3>shall prosper. And she says that after every visit, and

0:39:02.600 --> 0:39:06.400
<v Speaker 3>one day she says, no weapons formed against you sell prosper.

0:39:06.760 --> 0:39:10.439
<v Speaker 3>Because you got the ambition to prosper and she didn't

0:39:10.440 --> 0:39:12.640
<v Speaker 3>even know it. Then I was like, she just gave

0:39:12.680 --> 0:39:16.960
<v Speaker 3>me my new name, ambition to prosper, and it stuck

0:39:17.000 --> 0:39:20.080
<v Speaker 3>with me ever since then. ATP, that's what it is.

0:39:20.160 --> 0:39:22.600
<v Speaker 1>We're going to link to that video and your Instagram

0:39:22.680 --> 0:39:25.080
<v Speaker 1>Instagram too. Yeah, I've got to ask you. You know

0:39:25.120 --> 0:39:29.080
<v Speaker 1>this season where we know why wrongful convictions happen, but

0:39:29.120 --> 0:39:34.080
<v Speaker 1>in terms of accountability, what would justice look like to

0:39:34.239 --> 0:39:35.320
<v Speaker 1>you now?

0:39:35.880 --> 0:39:40.320
<v Speaker 3>Going through this system for nineteen years and you see

0:39:40.320 --> 0:39:44.680
<v Speaker 3>that every part of the justice system has a chain

0:39:44.760 --> 0:39:48.840
<v Speaker 3>link that's connected to everything. You even see it. In

0:39:48.880 --> 0:39:52.960
<v Speaker 3>the state of Iowa. You talk about IPI, the Iowa

0:39:53.080 --> 0:39:58.400
<v Speaker 3>prison industries, who make billions of dollars off the parents

0:39:58.440 --> 0:40:03.520
<v Speaker 3>and relatives of incarcerated individuals because this is the only

0:40:03.640 --> 0:40:05.919
<v Speaker 3>place where we can shop and by a coming sari

0:40:06.440 --> 0:40:10.400
<v Speaker 3>even everything from the phone calls. You give us thirty

0:40:10.400 --> 0:40:13.080
<v Speaker 3>cent an hour for working in prison, but they used

0:40:13.120 --> 0:40:16.080
<v Speaker 3>to charge us five dollars for a phone call to

0:40:16.200 --> 0:40:20.239
<v Speaker 3>call our kids, moms or whoever else. So how do

0:40:20.280 --> 0:40:23.799
<v Speaker 3>you keep this bankrolling the rich? How do you continue

0:40:23.880 --> 0:40:28.680
<v Speaker 3>to prosper You continue to incarcerate people and give them

0:40:28.719 --> 0:40:32.120
<v Speaker 3>no choice but to spend money with you. So off

0:40:32.160 --> 0:40:35.480
<v Speaker 3>of that police officer who come and hunt us, I'm

0:40:35.480 --> 0:40:37.520
<v Speaker 3>not gonna say lock up. I'm not gonna say do

0:40:37.560 --> 0:40:39.920
<v Speaker 3>their job. They come and hunt us. A lot of

0:40:39.960 --> 0:40:43.920
<v Speaker 3>families are getting fed. It's gonna pay for their college

0:40:44.360 --> 0:40:47.080
<v Speaker 3>the next ones, and it's gonna continue to profit.

0:40:47.400 --> 0:40:51.279
<v Speaker 1>The system protects the system because their profits off posits

0:40:51.560 --> 0:40:52.120
<v Speaker 1>in prison.

0:40:52.560 --> 0:40:55.319
<v Speaker 3>It does so if you don't destroy that system, you're

0:40:55.400 --> 0:40:59.480
<v Speaker 3>never gonna get justice. And before I got wrongfully convicted,

0:40:59.520 --> 0:41:02.520
<v Speaker 3>I probably looked at hurt this and said, Nah, you're

0:41:02.600 --> 0:41:05.279
<v Speaker 3>just talking but going through it. No, No, this is

0:41:05.480 --> 0:41:07.880
<v Speaker 3>absolutely right, it happens.

0:41:08.320 --> 0:41:12.920
<v Speaker 1>What do you hope people listening take away from your story.

0:41:13.520 --> 0:41:18.080
<v Speaker 3>I hope that they know that you never lose faith.

0:41:18.960 --> 0:41:22.600
<v Speaker 3>And the Bible says the faith the size of a

0:41:22.640 --> 0:41:26.000
<v Speaker 3>poppy seed can move a mountain. We live in proof

0:41:26.040 --> 0:41:29.040
<v Speaker 3>of that. Growing up in prison, I've seen a lot

0:41:29.040 --> 0:41:32.440
<v Speaker 3>of people lose that faith. I've seen people commit suicide.

0:41:32.520 --> 0:41:35.720
<v Speaker 3>I've seen people go crazy. I've seen people get hooked

0:41:35.760 --> 0:41:38.960
<v Speaker 3>on medication that wasn't meant for them. I've seen people

0:41:39.080 --> 0:41:43.920
<v Speaker 3>get institutionalized. I see people just become something other than

0:41:43.960 --> 0:41:46.880
<v Speaker 3>themselves that wasn't meant for them because they lost faith.

0:41:47.080 --> 0:41:50.360
<v Speaker 3>And Tom tell you, even before then, I was talking

0:41:50.400 --> 0:41:52.840
<v Speaker 3>about rapping and I'm home now and I'm rapping because

0:41:53.320 --> 0:41:56.520
<v Speaker 3>I didn't lose faith. I had faith that God had

0:41:56.719 --> 0:41:59.319
<v Speaker 3>something better for me in store. And it took my

0:41:59.360 --> 0:42:02.240
<v Speaker 3>mom to talk to me to say don't be angry,

0:42:02.480 --> 0:42:05.720
<v Speaker 3>because I had every reason to be angry, to hate

0:42:05.840 --> 0:42:08.279
<v Speaker 3>and to be negative. I had every reason, but I

0:42:08.320 --> 0:42:11.239
<v Speaker 3>also had every reason to be positive and keep a

0:42:11.239 --> 0:42:14.279
<v Speaker 3>smile on my face and not hate. You can never

0:42:14.360 --> 0:42:16.960
<v Speaker 3>let no one take your joy. Always keep that smile

0:42:17.040 --> 0:42:20.640
<v Speaker 3>on your face, keep your head up, and just know, Okay,

0:42:21.200 --> 0:42:23.600
<v Speaker 3>having a bad day, you're having a bad moment. It

0:42:23.640 --> 0:42:26.160
<v Speaker 3>only lasts for a couple of minutes. That joy's gonna

0:42:26.200 --> 0:42:29.840
<v Speaker 3>last forever. I would never let them take it from me.

0:42:29.840 --> 0:42:31.440
<v Speaker 1>ME ask you Tom the same question.

0:42:31.800 --> 0:42:34.759
<v Speaker 5>I hope they keep their minds open because there are

0:42:34.880 --> 0:42:39.360
<v Speaker 5>people like Jos out there that don't have the ambition

0:42:39.480 --> 0:42:44.680
<v Speaker 5>to prosper right. I mean, every wrongful conviction that I've

0:42:44.680 --> 0:42:49.320
<v Speaker 5>been involved with that's been overturned, there's not one person responsible.

0:42:49.360 --> 0:42:53.120
<v Speaker 5>There's a mountain of people. That's why this faith of

0:42:53.880 --> 0:42:57.359
<v Speaker 5>a poppy sea usually involves the faith of a lot

0:42:57.400 --> 0:43:00.399
<v Speaker 5>of people, and there are people that don't have that,

0:43:00.760 --> 0:43:04.759
<v Speaker 5>and I hope that they reach out, they understand, and

0:43:04.800 --> 0:43:07.400
<v Speaker 5>when they hear a story they go, I should at

0:43:07.480 --> 0:43:11.240
<v Speaker 5>least pause and listen, because we know this stuff happens.

0:43:11.600 --> 0:43:14.520
<v Speaker 5>We know that there are people in prison that shouldn't

0:43:14.520 --> 0:43:17.560
<v Speaker 5>be there, and a lot of them don't have the resources.

0:43:17.560 --> 0:43:20.919
<v Speaker 5>I mean, Kathy and I and Scott gracious, we took

0:43:20.920 --> 0:43:24.680
<v Speaker 5>the case on pro bonum because we believe there aren't

0:43:24.680 --> 0:43:26.680
<v Speaker 5>a lot of attorneys that can do that. They got

0:43:26.680 --> 0:43:28.640
<v Speaker 5>to keep their doors open, they got to work, they

0:43:28.719 --> 0:43:31.359
<v Speaker 5>got to do other things. Luckily, I've had some other

0:43:31.440 --> 0:43:34.160
<v Speaker 5>successes that have allowed me to do that and then

0:43:34.600 --> 0:43:37.399
<v Speaker 5>to throw myself into something like this for years at

0:43:37.440 --> 0:43:39.560
<v Speaker 5>a time. There are not a lot of people out there.

0:43:39.600 --> 0:43:41.640
<v Speaker 5>There's not a lot of attorneys out there that can

0:43:41.680 --> 0:43:45.799
<v Speaker 5>do that, and there's only so many innocence projects, and

0:43:45.840 --> 0:43:51.280
<v Speaker 5>there's only so many exoneration projects. I get letters every day,

0:43:51.680 --> 0:43:55.239
<v Speaker 5>not even just from Iowa of people, and I know

0:43:55.360 --> 0:43:57.960
<v Speaker 5>that when I write them back and say I'm sorry,

0:43:58.360 --> 0:44:01.080
<v Speaker 5>there's only one of me and I don't the time,

0:44:01.760 --> 0:44:06.440
<v Speaker 5>I know that I'm probably the last person that's going

0:44:06.480 --> 0:44:09.080
<v Speaker 5>to ever listen to them. And it breaks my heart

0:44:09.239 --> 0:44:13.360
<v Speaker 5>every time. But you can only do so much, and

0:44:13.120 --> 0:44:15.600
<v Speaker 5>so I would ask people to keep their ears open

0:44:16.080 --> 0:44:19.359
<v Speaker 5>so that if they hear a story from somebody out

0:44:19.480 --> 0:44:24.160
<v Speaker 5>in the darkness, that they listen, and if they can contribute,

0:44:24.400 --> 0:44:27.759
<v Speaker 5>then they start being part of the community behind that

0:44:27.840 --> 0:44:31.600
<v Speaker 5>person that eventually pushes them through to their freedom, to

0:44:31.640 --> 0:44:33.800
<v Speaker 5>where they need to be, to at least some semblance

0:44:33.840 --> 0:44:35.239
<v Speaker 5>of justice.

0:44:40.160 --> 0:44:42.840
<v Speaker 1>Thank you for listening to wrongful conviction. You can listen

0:44:42.840 --> 0:44:45.600
<v Speaker 1>to this and all LoVa for Good podcasts one week

0:44:45.640 --> 0:44:48.799
<v Speaker 1>early and add free by subscribing to LoVa for Good

0:44:48.880 --> 0:44:51.920
<v Speaker 1>Plus on Apple Podcasts. I'd like to thank our production

0:44:52.000 --> 0:44:55.160
<v Speaker 1>team Connor Hall and Kathleen Fink, as well as executive

0:44:55.200 --> 0:44:59.200
<v Speaker 1>producers Jason Lahm, Jeff Kempler, Kevin Wartis, and Jeff Clyburn.

0:44:59.360 --> 0:45:01.480
<v Speaker 1>The music and the This production was supplied by three

0:45:01.560 --> 0:45:04.680
<v Speaker 1>time OSCAR nominated composer Jay Ralph. Be sure to follow

0:45:04.760 --> 0:45:07.799
<v Speaker 1>us across all social media platforms at Lava for Good

0:45:07.880 --> 0:45:10.239
<v Speaker 1>and at Wrongful Conviction. You can also follow me on

0:45:10.280 --> 0:45:13.720
<v Speaker 1>Instagram at Lauren Bright Pitchecko. Wrongful Conviction is a production

0:45:13.920 --> 0:45:17.360
<v Speaker 1>of Lava for Good Podcasts and association with Signal Company

0:45:17.440 --> 0:45:18.000
<v Speaker 1>Number One.

0:45:18.040 --> 0:45:20.440
<v Speaker 6>We have worked hard to ensure that all facts reported

0:45:20.480 --> 0:45:23.280
<v Speaker 6>in this show are accurate. The views and opinions expressed

0:45:23.280 --> 0:45:25.680
<v Speaker 6>by the individuals featured in this show are their own

0:45:25.760 --> 0:45:28.560
<v Speaker 6>and do not necessarily reflect those of Lava for Good.