WEBVTT - #183 Jason Flom with Kiera Newsome

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<v Speaker 1>South central Los Angeles was plagued by gang violence, and

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<v Speaker 1>in Kierra Newsom's neighborhood, the block Crips and the eleven

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<v Speaker 1>Deuce Hoovers ran the streets. Kiera avoided the gang life,

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<v Speaker 1>but it still took the life of her boyfriend, Marcel

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<v Speaker 1>Norman on December tenth, two thousand. On April sixteenth, two

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<v Speaker 1>thousand and one, in retaliation for another gang shooting, three

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<v Speaker 1>female hoovers rolled up to some block Crips and one

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<v Speaker 1>of the women got out and shot into the crowd,

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<v Speaker 1>mortally wounding Christian Hinton. She got back into the car

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<v Speaker 1>and shot again as she sped away, grazing the torso

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<v Speaker 1>of Chante Allen. The shooter was described as African American

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<v Speaker 1>in her twenties, with a lazy eye and a tattoo

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<v Speaker 1>on her upper right sigh. This incident happened at eleven

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<v Speaker 1>thirty am on a school day, ten miles from where

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<v Speaker 1>Kierra Newsom was in class. But despite this rock solid

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<v Speaker 1>alibi and the fact that she didn't have a car

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<v Speaker 1>or even a driver's license, to prosecute came up with

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<v Speaker 1>a theory that Kiera, in retaliation for her boyfriend's murder,

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<v Speaker 1>had somehow snuck out of her lockdown school, changed her clothes,

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<v Speaker 1>dyed her hair, drove over thirty minutes of the scene,

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<v Speaker 1>committed the crime, and somehow managed to return to her

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<v Speaker 1>desk just seven feet from her teacher, with her absence

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<v Speaker 1>going completely unnoticed, but with coerced eyewitnesses and the fact

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<v Speaker 1>that she happened to have a tattoo on her upper

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<v Speaker 1>right thigh, Kiera ended up serving nearly twenty years, tormented

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<v Speaker 1>by her co defendant Tonielle Flynn aka Astro, who is

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<v Speaker 1>believed to have been the actual shooter. This is Wrongful

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<v Speaker 1>Conviction with Jason Flamm. Welcome back to Wrongful Conviction today.

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<v Speaker 1>I am so excited and honored because I have, first

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<v Speaker 1>of all, Chris Hawthorne. Chris is the founder, director and

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<v Speaker 1>clinical professor at the Juvenile Innocence and Fair Sentencing Clinic

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<v Speaker 1>at Loyola Law School. Welcome to rofl con Piction.

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<v Speaker 2>Thanks Jason, I appreciate it.

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<v Speaker 1>And with him, the featured guest on our show today

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<v Speaker 1>is the one and only Kiera Newsom. And Kiera, thank

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<v Speaker 1>you for being here. Thank you Jason and this story

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<v Speaker 1>it's a California story, and Kiera, you grew up in

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<v Speaker 1>South central LA. Can you tell us what that was

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<v Speaker 1>like growing.

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<v Speaker 3>Up in south central LA. My father grew up without

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<v Speaker 3>his dad, so he gravitated to the gang lifestyle, which

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<v Speaker 3>most young men do. And the neighborhood I grew up

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<v Speaker 3>in the blocks and the Hoovers are what we consider

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<v Speaker 3>it to be enemies. They always have gang violence. Before

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<v Speaker 3>I was seventeen years old, I went to so many

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<v Speaker 3>funerals I can't even tell you. But one thing I

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<v Speaker 3>can say is that my mom was always as the

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<v Speaker 3>type of person she really imposed education on this big

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<v Speaker 3>time you know.

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<v Speaker 1>Yeah, and I understand you did very well at school,

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<v Speaker 1>and that's despite all of the violence and hardship that

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<v Speaker 1>surrounded you, including one murder that hit so close to home.

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<v Speaker 1>And that was the murder that actually started the snowball

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<v Speaker 1>effect that ended in your tragic, wrongful conviction. I'm referring,

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<v Speaker 1>of course, to the murder of your boyfriend, Markel Norman,

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<v Speaker 1>who at the time of his death was in fact

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<v Speaker 1>an eleven Duce Hoover, but he wasn't in a gang.

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<v Speaker 1>At age thirteen when you started.

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<v Speaker 3>Dating Markel, at the time was a straight a student

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<v Speaker 3>living with his grandmother. So when his grandmother passed away,

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<v Speaker 3>Markel and his sisters had to go back and live

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<v Speaker 3>with his mom. She was addicted to crack cocaine. So

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<v Speaker 3>when he went back to live with his mom, there

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<v Speaker 3>were times that they didn't have food to eat. So

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<v Speaker 3>I will sneak food out of my grandmother's house, in

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<v Speaker 3>my mother's house to make sure that they would be

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<v Speaker 3>able to eat. So one day in particular, remember him

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<v Speaker 3>calling me and he told me that he was gonna

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<v Speaker 3>be put on the gang, and I was so upset,

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<v Speaker 3>But then he started to explain to me the benefits

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<v Speaker 3>that the gang was giving him. He'll have means to

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<v Speaker 3>provide for his sisters and his mom, and everything was

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<v Speaker 3>gonna be okay. And he really believed that. He believed

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<v Speaker 3>this so much that he could go to school and

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<v Speaker 3>beat a straight A student and be a gang member

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<v Speaker 3>outside of school. And that's what our whole little bet

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<v Speaker 3>was about. And he was able to keep up that

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<v Speaker 3>little facade for like the first report card or so,

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<v Speaker 3>and I lost the bet, and that's how I ended

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<v Speaker 3>up with the tattoo that I have. So after that

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<v Speaker 3>things began to change. Markel got deeper into the gang,

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<v Speaker 3>and I was barely seeing them. And I will never

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<v Speaker 3>forget when my mom looked me in my eyes and

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<v Speaker 3>she said, I'm gonna end up walking you to a

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<v Speaker 3>jail to see this boy. I'm gonna end up you

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<v Speaker 3>to a gravesite to see this boy.

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<v Speaker 1>And of course you're talking about what happened on December

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<v Speaker 1>tenth of two thousand.

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<v Speaker 3>And that was on a Sunday. It was a church

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<v Speaker 3>day and it was early and I remember walking outside

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<v Speaker 3>and I remember seeing Markel and he had on all

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<v Speaker 3>black and I remember a car driving down the street

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<v Speaker 3>looking at us. When we turned around, these guys were

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<v Speaker 3>no longer in a car. One was on a sidewalk,

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<v Speaker 3>one was standing in the street. They both had their

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<v Speaker 3>arms posted to us, and they had something covering their arms,

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<v Speaker 3>and you can hear the gunshots. Markel pushed me out

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<v Speaker 3>the way and I ran into the house and I

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<v Speaker 3>look out the window. I see Markel laying on the ground,

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<v Speaker 3>and I remember when he turned his body around, he

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<v Speaker 3>had a gash at the top of his head, and

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<v Speaker 3>that's when I knew that he was shot.

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<v Speaker 1>I don't think many people have probably ever lived through

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<v Speaker 1>anything nearly as traumatic as that, and it's hard to

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<v Speaker 1>believe that that was just the beginning of this awful journey.

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<v Speaker 1>It's at this point, too, that the first hero in

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<v Speaker 1>the story emerges, right, and I'm talking about the principal

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<v Speaker 1>at Duke Ellington High School.

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<v Speaker 3>Yes, his name is mister maclynn. When that happened to

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<v Speaker 3>Marco and I became a witness, I didn't know at

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<v Speaker 3>the time that the gang members ran into the school

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<v Speaker 3>looking to kill me. Mister McLynn called my mom and

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<v Speaker 3>he said, no, don't bring her back here. I got

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<v Speaker 3>a school for her. If it wasn't for him, I

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<v Speaker 3>probably wouldn't be here today.

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<v Speaker 4>So the school Sehrter was a lockdown school, normally for

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<v Speaker 4>kids who were involved in the juvenile justice system. Kiera

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<v Speaker 4>wasn't involved in the juvenile justice system, but she was

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<v Speaker 4>definitely in danger and so she was safer at a

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<v Speaker 4>lockdown school than at a regular school.

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<v Speaker 1>Now things get really complicated April fifteenth, two thousand and one,

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<v Speaker 1>Easter Sunday, when three associates of the Hoovers were shot

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<v Speaker 1>in the park parking a lot of Red's Liquor store

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<v Speaker 1>on West Century Boulevard. That's Rudy tiny Head and another man,

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<v Speaker 1>and then the victims returned to a party, and police

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<v Speaker 1>showed up at the party to ask questions about the shooting.

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<v Speaker 4>One of the things about gang shootings is most people

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<v Speaker 4>who participate in gangs are teenagers, and they tend to

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<v Speaker 4>be really reactive. Most of what they do is very

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<v Speaker 4>impetuous and very sudden. So it makes sense that the

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<v Speaker 4>next day someone from the eleven Duce Hoovers would try

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<v Speaker 4>to take a shot at the block cribs. It's not

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<v Speaker 4>typical you wait around for four months before you decide

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<v Speaker 4>to react to a shooting. So why the police didn't

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<v Speaker 4>look at Red's liquor store is a mystery to me,

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<v Speaker 4>especially since Rudy, who was one of the guys in

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<v Speaker 4>the car who was shot at, was the boyfriend of

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<v Speaker 4>one of the women who was in the car.

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<v Speaker 1>The next day, Yeah, I mean this is we're talking

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<v Speaker 1>literally the day afterwards, at eleven thirty in the morning

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<v Speaker 1>on April sixteen, two thousand and one, when three young

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<v Speaker 1>African American women pulled up in front of fourteen thirty

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<v Speaker 1>five West one hundred and thirteenth Street in the Westmont

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<v Speaker 1>neighborhood of Los Angeles. There was a group of men outside,

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<v Speaker 1>all of whom were block crips. One of the women

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<v Speaker 1>got out of the car, and this is important, so

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<v Speaker 1>she was described as wearing all red tube top corduroy shorts,

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<v Speaker 1>sneakers and visor. One or more of the men on

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<v Speaker 1>the scene described her as having a lazy eye and

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<v Speaker 1>a name tattooed on her upper right thigh. So she

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<v Speaker 1>asked about someone named Nakia, but none of the men

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<v Speaker 1>knew who she was talking about. The young woman then

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<v Speaker 1>walked back to the car, turned and fired a handgun

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<v Speaker 1>once into the group of men, mortally wounding Christian Hinton,

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<v Speaker 1>and the woman got into the car. They sped off

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<v Speaker 1>and she fired a few more rounds, grazing Seante Allen's

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<v Speaker 1>tour show, but Allan luckily survived. Henton, however, died two

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<v Speaker 1>weeks later in the hospital.

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<v Speaker 4>They said that the woman who had shot Christian Hinton

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<v Speaker 4>was in her early twenties and fairly tall. Ki's still

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<v Speaker 4>looking kind of like a baby. Then she's still a teenage.

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<v Speaker 1>I mean, it would have seemed obvious for them to

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<v Speaker 1>look towards a hoover named Doniel Flynn, also known as Astro,

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<v Speaker 1>who would have been retaliating for the shooting of her

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<v Speaker 1>boyfriend and the two other hoovers the night before, right,

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<v Speaker 1>But one way or another, the really important part of

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<v Speaker 1>this is that we know exactly where Kiera was at

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<v Speaker 1>the time of the shooting, in my classroom. And how

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<v Speaker 1>do we know that you were in your classroom?

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<v Speaker 3>I signed in in the morning, My teacher collected hay

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<v Speaker 3>counts all throughout the day, and they would have noticed

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<v Speaker 3>if I would have left, they would have caught the

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<v Speaker 3>police on me, because that's what the school does.

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<v Speaker 1>Would you have been able to show up at school

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<v Speaker 1>wearing all red, No, I wear.

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<v Speaker 3>A uniform, white polar shirt, black pants.

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<v Speaker 4>A couple of other things about that school. The classroom

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<v Speaker 4>she was in where her teacher, Rebecca Woodruff, taught her,

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<v Speaker 4>is very small, and Rebecca's desk was about six to

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<v Speaker 4>seven feet from Kiera's desk.

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<v Speaker 5>H I am Rebecca Woodruff. I was Kiera Newsom's teacher

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<v Speaker 5>in the spring of two tho. There was only one

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<v Speaker 5>door to my classroom, and I always had a view

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<v Speaker 5>of the door whether I was at my desk or

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<v Speaker 5>in front of the class and my desk was actually

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<v Speaker 5>positioned between the door and the students. So it's just

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<v Speaker 5>impossible for somebody to get out and come back and

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<v Speaker 5>have me not notice right away, And even if somebody

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<v Speaker 5>were to have gotten past me, which wouldn't happen. The

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<v Speaker 5>front door was operated by the secretary, and she kept

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<v Speaker 5>it locked, and they would have to be buzzed in

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<v Speaker 5>or out. And the back door led to a locked

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<v Speaker 5>gate on top of the locked gate with barbed wire.

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<v Speaker 5>And it was the day after Easter that day, and

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<v Speaker 5>I had actually noticed that Kiera had purple hair braided

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<v Speaker 5>in She had said that her grandmother had done it

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<v Speaker 5>for her.

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<v Speaker 3>So everyone know what African American ladies to take braids.

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<v Speaker 3>Now that would have to take you anywhere from three

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<v Speaker 3>to six hours. It just don't make sense.

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<v Speaker 1>No one's going to miss the fact that you have

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<v Speaker 1>purple hair. Rangely enough, nobody said that in the description.

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<v Speaker 1>But still anyone who wanted to believe that you were

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<v Speaker 1>actually the shooter would have had to believe is that

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<v Speaker 1>somehow or other, you vanished into thin air without your teacher,

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<v Speaker 1>who was seven feet away from you noticing it, snuck

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<v Speaker 1>through multiple doors that were locked, climbed over barbed wire,

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<v Speaker 1>got into a car which I don't even know if

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<v Speaker 1>you had a car, changed your outfit, drove ten miles,

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<v Speaker 1>which would have been at least a thirty minute drive

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<v Speaker 1>because LA traffic, god knows, it could be a two

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<v Speaker 1>hour drive, and then killed someone calmly changed your clothes back,

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<v Speaker 1>dispose of the other outfit, and magically snuck back into

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<v Speaker 1>the thing, sat down your seat. And she also managed

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<v Speaker 1>to dye her hair on the way while she was

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<v Speaker 1>speeding through traffic. It's all so preposterous. So the state

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<v Speaker 1>had nothing except for three eye witnesses. These guys who

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<v Speaker 1>were on the lawn were definitely intimidated, not only by

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<v Speaker 1>members of their own gang, but also by Donielle Flynn,

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<v Speaker 1>who had a fearsome reputation the neighborhood. In addition to that,

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<v Speaker 1>they really didn't want to talk to the police. They

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<v Speaker 1>didn't think it was any of the police's business. I've

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<v Speaker 1>had local law enforcement complain to me and saying, like,

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<v Speaker 1>you know, the problem to talking to gang members, that

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<v Speaker 1>they just don't want to talk to us, And I said,

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<v Speaker 1>the problem is that nobody wants to talk to you.

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<v Speaker 1>It's never a good thing when a policeman is walking

0:12:16.960 --> 0:12:19.440
<v Speaker 1>up your front walk and appearing at your door. No

0:12:19.480 --> 0:12:21.679
<v Speaker 1>one wants to talk to police in these neighborhoods. They're

0:12:21.720 --> 0:12:24.480
<v Speaker 1>not bringers of good tidings. They're not people who help you.

0:12:25.320 --> 0:12:27.880
<v Speaker 1>They are only people who make your life more difficult.

0:12:28.480 --> 0:12:31.840
<v Speaker 1>Ryan Faust, of course, only appeared in court because the

0:12:31.880 --> 0:12:36.000
<v Speaker 1>police threatened him with an arrest in another matter. Joe Cook,

0:12:36.080 --> 0:12:38.640
<v Speaker 1>of course, didn't appear in court. After his preliminary earing.

0:12:38.679 --> 0:12:41.240
<v Speaker 1>He fled to Mississippi where they were apparently unable to

0:12:41.240 --> 0:12:43.439
<v Speaker 1>find him, and they had to arrest Bobby Johnson to

0:12:43.440 --> 0:12:46.959
<v Speaker 1>get him into court. But none of them particularly care

0:12:47.120 --> 0:12:50.200
<v Speaker 1>about telling the truth on the stand because they don't

0:12:50.280 --> 0:12:53.280
<v Speaker 1>regard this as a police thing. This is a block

0:12:53.360 --> 0:12:56.520
<v Speaker 1>crip E Love and Douce Hoover thing, And frankly, they

0:12:56.559 --> 0:12:58.920
<v Speaker 1>don't care who goes down for it. What they care

0:12:58.960 --> 0:13:01.920
<v Speaker 1>about is their own value sitem and what they're going

0:13:01.960 --> 0:13:05.160
<v Speaker 1>to do about it on the street. But talking about

0:13:05.160 --> 0:13:07.360
<v Speaker 1>the street, every person I talked to in this case

0:13:07.440 --> 0:13:11.240
<v Speaker 1>knew who actually did this crime. It's not a secret

0:13:11.320 --> 0:13:15.319
<v Speaker 1>that Kiera is innocent. So June fifth of two thousand

0:13:15.320 --> 0:13:18.040
<v Speaker 1>and one, they brought you to the precinct right under

0:13:18.080 --> 0:13:21.000
<v Speaker 1>the auspices of looking at a lineup to find your

0:13:21.040 --> 0:13:23.840
<v Speaker 1>boyfriend's killer. But that was not what they had in mind.

0:13:24.240 --> 0:13:26.680
<v Speaker 3>By this time, they already came out to my grandmother

0:13:26.760 --> 0:13:29.559
<v Speaker 3>house at least five or six times, trying to get

0:13:29.559 --> 0:13:33.240
<v Speaker 3>me to put the murder off on a block crypt member,

0:13:33.600 --> 0:13:36.679
<v Speaker 3>and I wouldn't do it. So I'm like, Okay, I'll

0:13:36.720 --> 0:13:40.880
<v Speaker 3>go see these lineups. So I remember them picking me

0:13:41.000 --> 0:13:43.480
<v Speaker 3>up and my dad said, Kiara, the longest they could

0:13:43.480 --> 0:13:46.480
<v Speaker 3>hold you with seventy two hours. And I'm thinking in

0:13:46.600 --> 0:13:49.520
<v Speaker 3>my head, like why would he say that?

0:13:49.760 --> 0:13:49.960
<v Speaker 1>You know?

0:13:50.760 --> 0:13:53.959
<v Speaker 3>When we got there, and they were like, Kiera knew

0:13:54.040 --> 0:13:56.560
<v Speaker 3>some and I'm like yes. So I walked to the

0:13:56.600 --> 0:13:59.520
<v Speaker 3>guy I'll never forget this. He has a poster in

0:13:59.559 --> 0:14:03.280
<v Speaker 3>his hand, and I was so in shocked. It's like

0:14:03.360 --> 0:14:07.480
<v Speaker 3>my soul left my body instead wanted for a murder,

0:14:08.280 --> 0:14:13.120
<v Speaker 3>and I'm like, murder, Who did I murder? And they

0:14:13.160 --> 0:14:16.000
<v Speaker 3>put the handcuffs on me. All you hear is chained.

0:14:16.880 --> 0:14:20.240
<v Speaker 3>I was placed in the hallway. The woman stripped me

0:14:20.400 --> 0:14:23.800
<v Speaker 3>down and look for tattoos in a room full of men.

0:14:24.920 --> 0:14:28.720
<v Speaker 3>I was only seventeen, and I'm not understanding why I'm here.

0:14:29.080 --> 0:14:33.560
<v Speaker 3>I believe for seventy two hours that I was arrested

0:14:33.720 --> 0:14:35.080
<v Speaker 3>for the murder of Mark Hill.

0:14:41.760 --> 0:14:44.920
<v Speaker 1>This episode is brought to you by Stand Together. Stand

0:14:44.960 --> 0:14:48.680
<v Speaker 1>Together is a philanthropic community dedicated to helping people improve

0:14:48.760 --> 0:14:51.720
<v Speaker 1>their lives. For more than twenty years, Stand Together and

0:14:51.720 --> 0:14:54.080
<v Speaker 1>its partners have been on the front lines of criminal

0:14:54.200 --> 0:14:58.640
<v Speaker 1>justice reform. By empowering people to take action, supporting nonprofits,

0:14:58.680 --> 0:15:02.440
<v Speaker 1>and working with businesses, Stand Together tackles the root causes

0:15:02.440 --> 0:15:05.360
<v Speaker 1>the problems in our communities and empowers those closest to

0:15:05.400 --> 0:15:09.800
<v Speaker 1>the problems to drive solutions. Solutions like reducing unjust prison

0:15:09.880 --> 0:15:13.760
<v Speaker 1>sentences through the First Step Act, empowering community based programs

0:15:13.760 --> 0:15:17.360
<v Speaker 1>and help people reader society, and now working to bridge

0:15:17.400 --> 0:15:21.160
<v Speaker 1>divides in our communities. To learn how you may get involved,

0:15:21.320 --> 0:15:32.080
<v Speaker 1>visit standtogether dot org slash conviction. When did they reveal

0:15:32.120 --> 0:15:33.600
<v Speaker 1>to you that they were going to charge you with

0:15:33.640 --> 0:15:34.960
<v Speaker 1>a different murder? Entirely?

0:15:35.520 --> 0:15:38.320
<v Speaker 3>I walk into the room and I noticed one of

0:15:38.360 --> 0:15:41.760
<v Speaker 3>the old detectives from Markel's case and a new detective.

0:15:42.160 --> 0:15:46.240
<v Speaker 3>I remember sitting down and them starting to ask to

0:15:46.280 --> 0:15:50.960
<v Speaker 3>me about mister Christiani, Hinti and all these people. Then

0:15:51.000 --> 0:15:55.560
<v Speaker 3>they're saying all this stuff about retaliation for Markel and listen,

0:15:56.240 --> 0:16:01.200
<v Speaker 3>and I'm confused, And then they bring up now, I'm

0:16:01.200 --> 0:16:04.960
<v Speaker 3>really confused. Then when he say the day that it happened,

0:16:05.560 --> 0:16:09.840
<v Speaker 3>the time it all hit, I'm in school at that

0:16:10.000 --> 0:16:13.840
<v Speaker 3>time and now and I'm hopeful because I'm like, as

0:16:13.880 --> 0:16:16.600
<v Speaker 3>soon as he go back, he talks to my parents,

0:16:16.920 --> 0:16:19.440
<v Speaker 3>they go down to the school, they get the paperwork,

0:16:19.520 --> 0:16:21.360
<v Speaker 3>they bring it. I'm free to go.

0:16:22.040 --> 0:16:25.400
<v Speaker 4>I've seen all the investigative materials in this case, and

0:16:25.440 --> 0:16:29.080
<v Speaker 4>the police were focused on Kiera very early in this investigation,

0:16:29.440 --> 0:16:33.520
<v Speaker 4>and they didn't check her alibi out until after they

0:16:33.560 --> 0:16:37.640
<v Speaker 4>had arrested her in June. They originally had targeted Kiera

0:16:37.720 --> 0:16:40.600
<v Speaker 4>as the driver of the car in this murder, I

0:16:40.600 --> 0:16:43.720
<v Speaker 4>think because they thought that the person who was the

0:16:43.760 --> 0:16:47.040
<v Speaker 4>shooter answered the description of Douniell Flynn pretty well. But

0:16:47.120 --> 0:16:50.080
<v Speaker 4>then they discovered that Kiera couldn't drive, and so suddenly

0:16:50.120 --> 0:16:52.520
<v Speaker 4>they put her on the street shooting Christian Hinton.

0:16:52.520 --> 0:16:54.320
<v Speaker 1>Right, And so now you know she would have had

0:16:54.520 --> 0:16:57.160
<v Speaker 1>been leaving school and then driving a car that didn't

0:16:57.160 --> 0:16:59.600
<v Speaker 1>exist with a license she didn't have. They're willing to

0:16:59.680 --> 0:17:03.680
<v Speaker 1>go to just extraordinary lanes and not to serve and protect,

0:17:03.840 --> 0:17:07.560
<v Speaker 1>but to frame and destroy. Now comes the next phase,

0:17:07.640 --> 0:17:11.080
<v Speaker 1>going through the courts. And the juvenile and the jail systems.

0:17:11.160 --> 0:17:13.960
<v Speaker 1>You were a minor, so they started you off in

0:17:14.080 --> 0:17:18.000
<v Speaker 1>juvie where you were at least safe from donniel Flynn's

0:17:18.040 --> 0:17:20.080
<v Speaker 1>reach at that time. But that was temporary. It was

0:17:20.080 --> 0:17:22.800
<v Speaker 1>only until you turned eighteen, and then you were sent

0:17:22.880 --> 0:17:25.680
<v Speaker 1>to the women's jail. So now Donniel Finn has access

0:17:25.680 --> 0:17:26.800
<v Speaker 1>to you for the first time.

0:17:27.200 --> 0:17:30.679
<v Speaker 3>I've heard about her, but I've never seen her in action,

0:17:31.000 --> 0:17:35.200
<v Speaker 3>you know. So my attorney at the time, mister Tahan,

0:17:35.840 --> 0:17:38.800
<v Speaker 3>he felt that the best thing was to get me

0:17:39.160 --> 0:17:41.400
<v Speaker 3>separated from her. He did a court order. They come

0:17:41.440 --> 0:17:44.200
<v Speaker 3>through and they switch my wristband, so we were to

0:17:44.240 --> 0:17:46.760
<v Speaker 3>not even be in the same dorm as each other,

0:17:47.200 --> 0:17:49.520
<v Speaker 3>let alone the same holding tink as each other, or

0:17:49.560 --> 0:17:53.840
<v Speaker 3>the same bus. So when we went to court that day,

0:17:53.840 --> 0:17:55.760
<v Speaker 3>and that was my first time running to her seating her,

0:17:56.320 --> 0:17:58.480
<v Speaker 3>she walks into the room and she sits down next

0:17:58.520 --> 0:18:05.280
<v Speaker 3>to me. Lady, it's like the devil itself. She says, Oh,

0:18:05.400 --> 0:18:07.840
<v Speaker 3>everything is gonna be fine, It's gonna be all right.

0:18:08.320 --> 0:18:10.359
<v Speaker 3>I need you to take this one for me. I

0:18:10.400 --> 0:18:12.560
<v Speaker 3>need you to go to try with me. That's how

0:18:12.600 --> 0:18:15.600
<v Speaker 3>she does me. What do you need me to go

0:18:15.640 --> 0:18:18.160
<v Speaker 3>to try with you for because at this time we're

0:18:18.160 --> 0:18:20.360
<v Speaker 3>trying to separate this case and get far away from

0:18:20.359 --> 0:18:21.640
<v Speaker 3>her as possible.

0:18:21.600 --> 0:18:21.800
<v Speaker 1>You know.

0:18:22.320 --> 0:18:25.520
<v Speaker 3>And right then and there, it was like a switch

0:18:25.640 --> 0:18:28.199
<v Speaker 3>popped off in her head and she just went crazy.

0:18:28.600 --> 0:18:31.920
<v Speaker 3>She spit on me and I jumped back, and the

0:18:31.960 --> 0:18:35.199
<v Speaker 3>officers came in, grabbed her, they took her out. That

0:18:35.320 --> 0:18:38.679
<v Speaker 3>was the first attack. So they separated us. We went

0:18:38.760 --> 0:18:41.639
<v Speaker 3>on two separate buses and everything, and then all of

0:18:41.680 --> 0:18:44.120
<v Speaker 3>a sudden, word through the jail was I was a snitch.

0:18:45.160 --> 0:18:50.600
<v Speaker 3>Don't snitches tell on people. Don't snitches know what actually happened.

0:18:50.960 --> 0:18:54.320
<v Speaker 3>I don't understand how she manipulated these people to believe

0:18:54.320 --> 0:18:57.520
<v Speaker 3>that I was a snitch. And our next court date,

0:18:57.600 --> 0:19:00.760
<v Speaker 3>the police officers put us on the same floor and

0:19:01.080 --> 0:19:04.720
<v Speaker 3>I walked past and I heard somebody go snitch. It

0:19:04.760 --> 0:19:08.040
<v Speaker 3>was her. She kicked me and she got hold of

0:19:08.080 --> 0:19:10.479
<v Speaker 3>me and it was the officer. I'll never forget this.

0:19:10.640 --> 0:19:12.480
<v Speaker 3>She jumped on top of my back and she had

0:19:12.520 --> 0:19:15.520
<v Speaker 3>me down and she said, don't do anything. We've seen everything.

0:19:16.240 --> 0:19:17.960
<v Speaker 3>So we were late for court that day.

0:19:18.359 --> 0:19:22.240
<v Speaker 1>We're talking December fourth, two thousand and two, during jury selection,

0:19:22.600 --> 0:19:24.960
<v Speaker 1>Kiera's lawyer files a nine to nine to five motion

0:19:25.080 --> 0:19:29.159
<v Speaker 1>to dismiss on the grounds of the teacher, Rebecca Woodruff's testimony.

0:19:29.320 --> 0:19:33.600
<v Speaker 1>The judge dismisses the case on the credibility of the testimony. Okay.

0:19:34.160 --> 0:19:38.760
<v Speaker 1>Then six hours later the DA reindicts and Kiera was rearrested.

0:19:38.880 --> 0:19:42.359
<v Speaker 1>So when she's alone with the detective in his car,

0:19:42.720 --> 0:19:46.040
<v Speaker 1>he drove her to a motel, the Magic Carpet, where

0:19:46.080 --> 0:19:49.239
<v Speaker 1>he offered her a deal, have sex with him and

0:19:49.280 --> 0:19:53.480
<v Speaker 1>he'll give her an hour to run. Kiera refused. He

0:19:53.600 --> 0:19:56.560
<v Speaker 1>brought her in and while booking her and taking her fingerprints,

0:19:56.600 --> 0:19:59.199
<v Speaker 1>he asked if the finger he was holding at the

0:19:59.240 --> 0:20:02.359
<v Speaker 1>time was the one she masturbated with. The room was

0:20:02.400 --> 0:20:05.080
<v Speaker 1>full of chuckles from the other officers.

0:20:05.640 --> 0:20:10.879
<v Speaker 4>I sometimes think that the police never actually wanted Kiera

0:20:10.920 --> 0:20:13.159
<v Speaker 4>to go down for this murder, but they were hoping

0:20:13.280 --> 0:20:16.119
<v Speaker 4>that if they put her in terror, in fear of

0:20:16.119 --> 0:20:19.440
<v Speaker 4>her life, that eventually Kiera would break and she would

0:20:19.440 --> 0:20:23.400
<v Speaker 4>tell them everything she knew. Unfortunately, she didn't know anything

0:20:24.080 --> 0:20:27.160
<v Speaker 4>because Kiera is not a gang member, and in part

0:20:27.240 --> 0:20:31.080
<v Speaker 4>that's why she ended up getting convicted here, because everybody

0:20:31.119 --> 0:20:33.439
<v Speaker 4>else in this case is a member of a gang

0:20:33.600 --> 0:20:36.760
<v Speaker 4>and people have their back, but no one ever had

0:20:36.840 --> 0:20:39.960
<v Speaker 4>Kiera's back because she was not a member of a gang.

0:20:40.000 --> 0:20:41.760
<v Speaker 2>She was an outsider. The police were.

0:20:41.680 --> 0:20:44.879
<v Speaker 4>Looking out for themselves, gang members are looking out for themselves.

0:20:45.440 --> 0:20:47.720
<v Speaker 2>No one's looking out for Kiera. And that's just wrong.

0:20:48.040 --> 0:20:49.680
<v Speaker 1>I mean, now we get to the trial. They put

0:20:49.720 --> 0:20:53.040
<v Speaker 1>her on trial with Donnielle Flynn, who the prosecution had

0:20:53.040 --> 0:20:55.560
<v Speaker 1>now decided was the driver on that date, and Kiera

0:20:55.680 --> 0:20:58.120
<v Speaker 1>was defended by Anthony Ta Hunnett Gran. A guy named

0:20:58.160 --> 0:21:02.000
<v Speaker 1>Larry Williams offended Flynn, and the witnesses had described this

0:21:02.280 --> 0:21:04.760
<v Speaker 1>tattoo on the upper right thigh of the shooter. The

0:21:04.840 --> 0:21:08.680
<v Speaker 1>thing is, both Kiera and Donniel Flynn have a tattoo

0:21:08.760 --> 0:21:11.879
<v Speaker 1>on their right thigh. It's a crazy coincidence, but in

0:21:11.920 --> 0:21:18.480
<v Speaker 1>a preliminary hearing something quite consequential and very shady transpired.

0:21:18.720 --> 0:21:21.320
<v Speaker 4>Kira has a tattoo on her thigh, very very high

0:21:21.359 --> 0:21:23.679
<v Speaker 4>on her thigh, almost on our hip bone. Donielle Flynn

0:21:23.720 --> 0:21:26.399
<v Speaker 4>has a tattoo much lower on the thigh, which is

0:21:26.480 --> 0:21:29.800
<v Speaker 4>quite visible when you're wearing shorts. However, at the preliminary hearing,

0:21:29.840 --> 0:21:33.879
<v Speaker 4>when Joe Cook was testifying, Doniell's lawyer did something that

0:21:33.960 --> 0:21:37.080
<v Speaker 4>I think should be in the museum of clever tricks

0:21:37.119 --> 0:21:41.200
<v Speaker 4>by defense attorneys. He said, I'd like to have my client,

0:21:41.400 --> 0:21:43.840
<v Speaker 4>Doniell Flynn, pull up her pants leg and show that

0:21:43.880 --> 0:21:46.880
<v Speaker 4>she doesn't have a tattoo on her thigh, which Donielle did,

0:21:46.880 --> 0:21:48.640
<v Speaker 4>but she only pulled it up about three or four

0:21:48.640 --> 0:21:51.200
<v Speaker 4>inches above her knee, and so the tattoo wasn't visible.

0:21:51.680 --> 0:21:54.920
<v Speaker 4>And even though this tattoo is in police reports, there

0:21:54.920 --> 0:21:58.600
<v Speaker 4>are pictures of it, that tattoo exists. And yet during

0:21:58.600 --> 0:22:03.199
<v Speaker 4>that preliminary hearing, the district attorney allowed the court to

0:22:03.800 --> 0:22:06.040
<v Speaker 4>place on the record that dauniel f Lunn didn't have

0:22:06.119 --> 0:22:06.800
<v Speaker 4>that tattoo.

0:22:07.240 --> 0:22:10.040
<v Speaker 1>So in the jury's mind, Kiera is the only one

0:22:10.040 --> 0:22:12.359
<v Speaker 1>of the two defendants with a tattoo on her right eye.

0:22:12.359 --> 0:22:16.439
<v Speaker 1>But the defense presents her alibi very well. Again, she

0:22:16.440 --> 0:22:18.560
<v Speaker 1>had signed in at eight am, again, mark President at

0:22:18.600 --> 0:22:21.040
<v Speaker 1>ten to fifteen am, and twelve fifteen am, and the

0:22:21.119 --> 0:22:25.280
<v Speaker 1>murder was at eleven thirty. Her teacher, Rebecca wood Troup,

0:22:25.600 --> 0:22:31.000
<v Speaker 1>gave testimony verifying her presence in class and presented six

0:22:31.240 --> 0:22:32.680
<v Speaker 1>dated assignments.

0:22:33.840 --> 0:22:36.679
<v Speaker 5>The way that I taught class, I would teach and

0:22:36.720 --> 0:22:39.560
<v Speaker 5>then I would give assignments. All of the assignments had

0:22:39.600 --> 0:22:43.399
<v Speaker 5>to be completed during class time. For example, you would

0:22:43.400 --> 0:22:46.120
<v Speaker 5>not be able to get a packet of assignments from

0:22:46.119 --> 0:22:48.439
<v Speaker 5>me if you had missed something from before. You'd actually

0:22:48.440 --> 0:22:50.719
<v Speaker 5>have to be there every hour of the day to

0:22:50.720 --> 0:22:53.720
<v Speaker 5>get each of the assignments. And Kiera had completed all

0:22:53.760 --> 0:22:56.280
<v Speaker 5>six assignments that day, so it just would have been

0:22:56.280 --> 0:22:58.840
<v Speaker 5>impossible for her if she had left and come back.

0:23:00.080 --> 0:23:03.080
<v Speaker 4>So this is where gang evidence plays such an important

0:23:03.160 --> 0:23:06.040
<v Speaker 4>role in this trial. A gang evidence, which is put

0:23:06.040 --> 0:23:08.919
<v Speaker 4>in evidence by a gang expert who's just a gang

0:23:09.000 --> 0:23:11.720
<v Speaker 4>policeman who works the neighborhood, is really a way to

0:23:11.720 --> 0:23:15.080
<v Speaker 4>get race into the courtroom. Gang evidence is race evidence,

0:23:15.119 --> 0:23:17.040
<v Speaker 4>and the people who are the victims of this kind

0:23:17.080 --> 0:23:20.840
<v Speaker 4>of evidence are always black and brown youth. It convinces

0:23:20.880 --> 0:23:23.480
<v Speaker 4>the jury that the person sitting at the defendant's table

0:23:23.600 --> 0:23:28.399
<v Speaker 4>is capable of anything. Kiera Newsom gang member can commit

0:23:28.480 --> 0:23:31.080
<v Speaker 4>murder and then go back and finish her civil rights

0:23:31.080 --> 0:23:35.120
<v Speaker 4>assignment that afternoon without breaking a sweat. That is what

0:23:35.160 --> 0:23:39.440
<v Speaker 4>gang evidence does to a trial. Now, in this case,

0:23:39.480 --> 0:23:42.880
<v Speaker 4>gang evidence was appropriate for some of the people involved,

0:23:43.920 --> 0:23:48.399
<v Speaker 4>Christian Hanton, Bobby Johnson, Ryan Faust, Danielle Flynn were all

0:23:48.600 --> 0:23:51.520
<v Speaker 4>in the col gang's database and all had what we

0:23:51.600 --> 0:23:54.879
<v Speaker 4>call FI cards validating that they were gang members. Kiera

0:23:54.960 --> 0:23:57.880
<v Speaker 4>Newsom had only one thing. She had a boyfriend tattoo

0:23:58.280 --> 0:24:01.159
<v Speaker 4>on her upper thigh, and it was a tattoo so

0:24:01.280 --> 0:24:03.080
<v Speaker 4>high under thigh that the only person who was going

0:24:03.119 --> 0:24:07.679
<v Speaker 4>to see that tattoo was Mark Hal. That tattoo was

0:24:07.720 --> 0:24:11.960
<v Speaker 4>identified as a gang tattoo by the gang expert at

0:24:11.960 --> 0:24:15.360
<v Speaker 4>the trial. He said, you could not have a tattoo

0:24:15.600 --> 0:24:18.679
<v Speaker 4>on your thigh like that unless you were a fully

0:24:18.680 --> 0:24:20.879
<v Speaker 4>paid up gang member, or you would be shot on

0:24:21.000 --> 0:24:23.760
<v Speaker 4>site on the streets of South LA. Now that's a myth.

0:24:24.680 --> 0:24:27.919
<v Speaker 4>You don't walk around with an invisible boyfriend tattoo and

0:24:28.000 --> 0:24:30.320
<v Speaker 4>other gang members are prowling the streets.

0:24:30.320 --> 0:24:31.199
<v Speaker 2>Looking to waste you.

0:24:31.280 --> 0:24:33.600
<v Speaker 4>But that was the myth that they pushed at that trial,

0:24:34.119 --> 0:24:38.800
<v Speaker 4>and frankly, it is the myth that I think convicted

0:24:38.840 --> 0:24:39.560
<v Speaker 4>Kiera Newsom.

0:24:39.760 --> 0:24:42.720
<v Speaker 1>So Chante Allen, who was shot in the torys So,

0:24:42.920 --> 0:24:45.919
<v Speaker 1>testified that he had gone to school with Kiera and

0:24:46.000 --> 0:24:49.480
<v Speaker 1>knew her. He dispelled the identificases, saying that it was

0:24:49.480 --> 0:24:51.560
<v Speaker 1>not her in the car at the shooting. How the

0:24:51.600 --> 0:24:53.920
<v Speaker 1>fuck could she get convicted in spite of this, Chris,

0:24:53.920 --> 0:24:55.360
<v Speaker 1>you got to help us out here.

0:24:55.840 --> 0:24:59.679
<v Speaker 4>Kiera is convicted of the murder of Christian Hinton, but

0:24:59.760 --> 0:25:03.880
<v Speaker 4>she's acquitted of the attempted murder of Chante Allen, even

0:25:03.960 --> 0:25:07.600
<v Speaker 4>though clearly the woman who shot Christian Hinton is also

0:25:07.640 --> 0:25:10.600
<v Speaker 4>the person who shoots at Chantey Allen halfway down the block.

0:25:11.400 --> 0:25:15.879
<v Speaker 4>It feels irrational, but I suspect it was the jury

0:25:15.960 --> 0:25:20.040
<v Speaker 4>had a momentary crisis of conscience and wondered maybe if

0:25:20.040 --> 0:25:22.520
<v Speaker 4>they got the wrong person, and so they thought they'd

0:25:22.560 --> 0:25:26.080
<v Speaker 4>throw Kiera a bone, even though they convicted her of

0:25:26.119 --> 0:25:27.360
<v Speaker 4>a crime she never committed.

0:25:27.680 --> 0:25:30.800
<v Speaker 1>July two thousand and three, Carrie, You've now been through

0:25:30.840 --> 0:25:33.520
<v Speaker 1>almost everything a human being can go through, and you're

0:25:33.520 --> 0:25:36.560
<v Speaker 1>still just a kid. And now the jury goes out.

0:25:36.760 --> 0:25:39.879
<v Speaker 3>They called Danielle Flynn, they called her Dean out first.

0:25:40.320 --> 0:25:43.280
<v Speaker 3>It was like, not guilty first degree murder, not guilty

0:25:43.320 --> 0:25:46.399
<v Speaker 3>second arg murder, and all these not guilties, you know,

0:25:46.720 --> 0:25:50.520
<v Speaker 3>And she's sitting in the courtroom and she's crying, she's

0:25:50.560 --> 0:25:53.439
<v Speaker 3>happy and everything, and they're like, Kiaraen k NewsOne not

0:25:53.520 --> 0:25:57.400
<v Speaker 3>guilty attempted murderer and guilty first degree murder and I'm

0:25:57.440 --> 0:26:02.680
<v Speaker 3>like what and I'm it's tears and she looks at

0:26:02.680 --> 0:26:09.840
<v Speaker 3>me and say, that's what snitches get. It walks out with.

0:26:09.880 --> 0:26:12.600
<v Speaker 4>Many wrongful convictions. The person who actually committed the murder

0:26:12.760 --> 0:26:15.320
<v Speaker 4>is still out on the street. What's even stranger is

0:26:15.359 --> 0:26:17.119
<v Speaker 4>the person who committed the murder is sitting next to

0:26:17.160 --> 0:26:21.360
<v Speaker 4>Kierra at the defendant stable. Daniel Flynn stays out and

0:26:21.640 --> 0:26:26.359
<v Speaker 4>years later, she's convicted of an execution style drug murder

0:26:26.400 --> 0:26:30.119
<v Speaker 4>on the streets of Las Vegas. And she's now doing

0:26:30.400 --> 0:26:34.800
<v Speaker 4>twenty to life in Nevada State Prison. And you could

0:26:34.800 --> 0:26:37.480
<v Speaker 4>say that that poor guy in that alleyway might be

0:26:37.520 --> 0:26:40.080
<v Speaker 4>alive today if justice were done at this trial.

0:26:40.640 --> 0:26:43.200
<v Speaker 1>So Kira sends to sixty years to late. And now

0:26:43.400 --> 0:26:46.360
<v Speaker 1>the torture wasn't over by any stretched the imagination.

0:26:46.680 --> 0:26:49.480
<v Speaker 3>When I had prison, not only did they have me

0:26:49.520 --> 0:26:53.840
<v Speaker 3>as a Hoover Crip member, but also the people that

0:26:54.000 --> 0:26:56.479
<v Speaker 3>was already there had got worked. I was a snitch,

0:26:57.040 --> 0:26:59.280
<v Speaker 3>you know. So not only am I this gang member

0:26:59.359 --> 0:27:03.479
<v Speaker 3>now supposedly, but I'm a snitch too. When I got

0:27:03.560 --> 0:27:05.840
<v Speaker 3>up there, In my first few years, all I did

0:27:05.960 --> 0:27:09.200
<v Speaker 3>was fight, fight, fight, fight, fight, And the only people

0:27:09.240 --> 0:27:13.480
<v Speaker 3>that ever fought me was the hoovers. The blocks never

0:27:13.520 --> 0:27:16.840
<v Speaker 3>fought me. They lost someone, but they knew the truth.

0:27:17.680 --> 0:27:21.320
<v Speaker 3>I wasn't the best fighter, but I learned to become

0:27:21.359 --> 0:27:24.960
<v Speaker 3>good at it because I did it so much for

0:27:25.520 --> 0:27:29.159
<v Speaker 3>least like three years straight. I had at least like

0:27:29.600 --> 0:27:31.880
<v Speaker 3>two fights today, if not more.

0:27:33.200 --> 0:27:36.879
<v Speaker 1>But there were some correction officers that looked out for you.

0:27:37.119 --> 0:27:40.320
<v Speaker 1>There's one named Lieutenant Norman who was one of the

0:27:40.320 --> 0:27:40.840
<v Speaker 1>good guys.

0:27:40.880 --> 0:27:43.840
<v Speaker 3>Is that right, Yes, he's one of the good guys,

0:27:43.880 --> 0:27:46.560
<v Speaker 3>you know. And Lieutenant Norman, he had me in his

0:27:46.720 --> 0:27:49.400
<v Speaker 3>office and he told me, you gonna tell me what's

0:27:49.440 --> 0:27:52.720
<v Speaker 3>going on with you now. Mind you, the other lifers

0:27:52.800 --> 0:27:55.600
<v Speaker 3>had already told him what was going on. The fact

0:27:55.640 --> 0:27:58.560
<v Speaker 3>that I was innocent, they already had told him. But

0:27:59.040 --> 0:28:02.040
<v Speaker 3>my whole perception of the law and the system and

0:28:02.119 --> 0:28:05.200
<v Speaker 3>police officers was to not talk to them about anything

0:28:06.240 --> 0:28:08.840
<v Speaker 3>because it'll get twisted. The wrong thing could happened. I

0:28:08.880 --> 0:28:11.840
<v Speaker 3>was in fear of the justice system, you know. And

0:28:11.960 --> 0:28:14.159
<v Speaker 3>he let me know that I can trust him. So

0:28:14.200 --> 0:28:16.399
<v Speaker 3>I laid everything out to him and explained to him

0:28:16.440 --> 0:28:19.120
<v Speaker 3>what was going on with me and what actually happened,

0:28:19.480 --> 0:28:23.000
<v Speaker 3>and he reassured me that he already knew. So as

0:28:23.040 --> 0:28:24.959
<v Speaker 3>long as he was on the yard that I was on,

0:28:25.720 --> 0:28:27.320
<v Speaker 3>I was okay. I didn't have to worry if he

0:28:27.440 --> 0:28:30.760
<v Speaker 3>started shifting people over, moving them to different yards and

0:28:30.800 --> 0:28:33.520
<v Speaker 3>different things to make sure that these gang members stayed

0:28:33.520 --> 0:28:36.200
<v Speaker 3>away from me. That was good for like a few years,

0:28:36.280 --> 0:28:39.560
<v Speaker 3>up until the time when he moved further along up

0:28:39.600 --> 0:28:42.040
<v Speaker 3>to captain and he was no longer on the yards anymore.

0:28:42.520 --> 0:28:45.360
<v Speaker 3>Every so many years, you'll have people coming in like, oh, yeah,

0:28:45.400 --> 0:28:48.440
<v Speaker 3>that's the girl that sniched on Astro, And I'm like,

0:28:48.640 --> 0:28:52.240
<v Speaker 3>are they serious? If I said something about this lady,

0:28:52.320 --> 0:28:56.160
<v Speaker 3>wouldn't this lady be incarcerated right now? It was just crazy.

0:28:56.200 --> 0:29:01.560
<v Speaker 3>So I just physically and mentally fought to approve to people, Oh,

0:29:01.600 --> 0:29:03.800
<v Speaker 3>I'm innocent, I'm innocent. I'm innocent, to the point to

0:29:03.800 --> 0:29:05.600
<v Speaker 3>where I just gave up one day and said, you

0:29:05.640 --> 0:29:09.000
<v Speaker 3>know what, I'm gonna stop doing that, and I decided

0:29:09.000 --> 0:29:11.360
<v Speaker 3>to write letters. I would write every day, and I

0:29:11.400 --> 0:29:13.600
<v Speaker 3>wrote the Innocence Project. The first time they told me

0:29:13.600 --> 0:29:15.920
<v Speaker 3>they had too many people, and the day that I

0:29:16.080 --> 0:29:20.200
<v Speaker 3>planned my own suicide. I get a paper from the

0:29:20.240 --> 0:29:22.720
<v Speaker 3>Innocence Projects saying that they accept in my case, and

0:29:22.800 --> 0:29:25.800
<v Speaker 3>that's the only reason why I decided to live.

0:29:37.560 --> 0:29:41.400
<v Speaker 1>The California Innocence Project. They did something great. They recognized

0:29:41.440 --> 0:29:44.280
<v Speaker 1>that since you were a juvenile at the time of

0:29:44.320 --> 0:29:47.400
<v Speaker 1>the alleged incident, they could reach out to the Juvenile

0:29:47.520 --> 0:29:50.760
<v Speaker 1>Innocence and Fair Sentenced in Clinic, a Loyal Law School

0:29:50.920 --> 0:29:55.200
<v Speaker 1>also known as Jeff's and Chris, that's when you got involved?

0:29:55.200 --> 0:29:57.000
<v Speaker 1>What year did you get involved in? And then how

0:29:57.040 --> 0:29:58.440
<v Speaker 1>did things progress from there?

0:29:58.760 --> 0:30:03.000
<v Speaker 4>Winter twenty thirteen, Justin Brooks came up here to speak

0:30:03.040 --> 0:30:06.840
<v Speaker 4>at Loyal LA Law School and he brought Kiera's file

0:30:06.920 --> 0:30:09.240
<v Speaker 4>with him and we went out to dinner that and

0:30:09.240 --> 0:30:11.120
<v Speaker 4>I do. He handed me this file, this big red

0:30:11.160 --> 0:30:14.280
<v Speaker 4>weald full of random papers, and he said, we kind

0:30:14.280 --> 0:30:16.640
<v Speaker 4>of reached a dead end on this case. Can you

0:30:16.680 --> 0:30:19.200
<v Speaker 4>put your students on this case? And we were a

0:30:19.200 --> 0:30:21.560
<v Speaker 4>relatively new clinic, and I said, yeah, I'll take this

0:30:21.680 --> 0:30:24.240
<v Speaker 4>case on. And I just want to tell you how

0:30:24.240 --> 0:30:27.600
<v Speaker 4>the Jeff's Clinic works. I mean, students do everything in

0:30:27.640 --> 0:30:30.560
<v Speaker 4>the jeff Clinic. So when we got the case, we

0:30:30.680 --> 0:30:33.240
<v Speaker 4>noticed that CIP had interviewed a lot of people from

0:30:33.280 --> 0:30:35.480
<v Speaker 4>the school, but they hadn't been able to get to

0:30:35.480 --> 0:30:38.120
<v Speaker 4>people in the neighborhood, and so we thought, well, that's

0:30:38.120 --> 0:30:41.520
<v Speaker 4>where we need to start our work. So we went

0:30:41.640 --> 0:30:44.720
<v Speaker 4>down to South la and with the help of Kiera's mom,

0:30:44.880 --> 0:30:47.440
<v Speaker 4>we started fanning out and talking to people in and

0:30:47.480 --> 0:30:50.360
<v Speaker 4>around the neighborhood. And then we caught a lucky break.

0:30:50.840 --> 0:30:53.400
<v Speaker 4>We were able to through a documentary filmmaker who was

0:30:53.440 --> 0:30:56.120
<v Speaker 4>making a movie about that neighborhood. We were able to

0:30:56.160 --> 0:30:58.800
<v Speaker 4>get in touch with Ryan Faust, and Ryan simply said, well,

0:30:59.000 --> 0:31:00.640
<v Speaker 4>you know, I know that it was and Kiera who

0:31:00.640 --> 0:31:04.120
<v Speaker 4>did that. I was under pressure from my family and

0:31:04.200 --> 0:31:07.200
<v Speaker 4>from the police to identify somebody. When they walked in

0:31:07.240 --> 0:31:10.120
<v Speaker 4>with the six pack, they had already circled Kiera's face,

0:31:10.240 --> 0:31:12.360
<v Speaker 4>and so I knew that's what they wanted. So I

0:31:12.360 --> 0:31:15.680
<v Speaker 4>simply initial that photograph and that became part of my testimony.

0:31:15.680 --> 0:31:17.680
<v Speaker 4>And once I had that testimony, I felt like I

0:31:17.720 --> 0:31:19.880
<v Speaker 4>had to keep going into court and saying the same

0:31:19.920 --> 0:31:22.360
<v Speaker 4>thing or I was going to get arrested and sent

0:31:22.440 --> 0:31:25.480
<v Speaker 4>away for this bottle of vodka he had lifted from

0:31:25.800 --> 0:31:29.360
<v Speaker 4>local Albertson's. I sent an investigator to talk to Joe Cook.

0:31:29.600 --> 0:31:31.480
<v Speaker 4>Joe Cook didn't want to help because he'd been trying

0:31:31.480 --> 0:31:33.400
<v Speaker 4>to avoid this case for I don't know how long.

0:31:33.840 --> 0:31:35.960
<v Speaker 4>He said, I don't want to help anybody. I don't

0:31:36.000 --> 0:31:38.240
<v Speaker 4>want to change my testimony. And then he says to

0:31:38.240 --> 0:31:40.600
<v Speaker 4>my investigator, he said, but the one thing I remember

0:31:40.760 --> 0:31:43.760
<v Speaker 4>is that woman who pulls her pant leg up at

0:31:43.760 --> 0:31:47.280
<v Speaker 4>the preliminary hearing, that was the shooter. And I'm not

0:31:47.320 --> 0:31:49.760
<v Speaker 4>even sure Joe knew that. He was saying that was

0:31:49.840 --> 0:31:52.400
<v Speaker 4>Donielle Flynn. And then we talked to somebody else who

0:31:52.480 --> 0:31:55.479
<v Speaker 4>was in the neighborhood who said that Donielle Flynn had

0:31:55.520 --> 0:31:57.400
<v Speaker 4>shown up at his house the day of the murder

0:31:57.960 --> 0:32:00.640
<v Speaker 4>and had been looking for other people to help her

0:32:00.720 --> 0:32:03.280
<v Speaker 4>do this thing. And then it said to this guy,

0:32:03.840 --> 0:32:06.240
<v Speaker 4>there's going to be something going down. You better better

0:32:06.280 --> 0:32:08.240
<v Speaker 4>lie low for a while. And sure enough, not long

0:32:08.280 --> 0:32:11.320
<v Speaker 4>after that, the sirens started going off and that.

0:32:11.360 --> 0:32:12.120
<v Speaker 2>Murder took place.

0:32:12.960 --> 0:32:15.480
<v Speaker 4>So we put together what I thought was a pretty

0:32:15.520 --> 0:32:18.560
<v Speaker 4>compelling case, but we still had to deal with the

0:32:18.600 --> 0:32:22.560
<v Speaker 4>requirements of habeas corpus and the incredibly steep hill you

0:32:22.640 --> 0:32:26.240
<v Speaker 4>have to climb in order to prove that in superior court,

0:32:26.960 --> 0:32:29.720
<v Speaker 4>and frankly we were unable to prove it to the

0:32:29.760 --> 0:32:34.400
<v Speaker 4>satisfaction of the Torrent Superior Court, they rejected the petition.

0:32:35.440 --> 0:32:40.120
<v Speaker 4>Now Luckily, in twenty thirteen, the California Innoscence Project needed

0:32:40.120 --> 0:32:43.520
<v Speaker 4>an extra person for their California twelve March, and someone

0:32:43.560 --> 0:32:44.440
<v Speaker 4>had dropped off.

0:32:44.280 --> 0:32:46.880
<v Speaker 3>That Brian Banks he was exonerating.

0:32:47.320 --> 0:32:50.080
<v Speaker 1>Wow, okay, And by the way, if you haven't seen

0:32:50.120 --> 0:32:52.479
<v Speaker 1>the movie by that same name, I suggest you do

0:32:52.800 --> 0:32:56.200
<v Speaker 1>watch it tonight. I mean, Brian is a great, great guy.

0:32:56.240 --> 0:32:58.200
<v Speaker 1>And for those of you who don't know what the

0:32:58.240 --> 0:33:02.959
<v Speaker 1>California twelve Innocence March was, justin Brooks, Melissa Burkal and

0:33:03.040 --> 0:33:05.600
<v Speaker 1>Mike Simanchik of the California and this is project March.

0:33:05.640 --> 0:33:09.160
<v Speaker 1>Get this all the way from San Diego to Sacramento,

0:33:09.320 --> 0:33:12.880
<v Speaker 1>seven hundred and twelve miles to deliver clemency petitions to

0:33:12.960 --> 0:33:16.960
<v Speaker 1>Governor Brown's office for twelve clients aka the California twelve,

0:33:17.040 --> 0:33:20.640
<v Speaker 1>all of whom had compelling evidence of actual innocence. The

0:33:20.680 --> 0:33:24.440
<v Speaker 1>march took something like fifty five days and it started

0:33:24.520 --> 0:33:27.320
<v Speaker 1>at the end of April of twenty thirteen.

0:33:27.240 --> 0:33:30.200
<v Speaker 4>So in May twenty thirteen, they said, can we submit

0:33:30.240 --> 0:33:32.720
<v Speaker 4>a clemency petition to the governor Kira Newsom? Will you

0:33:32.760 --> 0:33:35.000
<v Speaker 4>co sign that petition? And I said absolutely, we will

0:33:35.000 --> 0:33:38.440
<v Speaker 4>do that. That was early in the Jerry Brown governorship.

0:33:38.720 --> 0:33:43.000
<v Speaker 4>So towards the end of Jerry Brown's governorship, I got

0:33:43.000 --> 0:33:46.560
<v Speaker 4>a call from a Border Parole hearing investigator and she said,

0:33:46.600 --> 0:33:48.320
<v Speaker 4>I want to talk to you about Kiara Newsom's case.

0:33:48.600 --> 0:33:51.920
<v Speaker 4>And so I sat down with my petition and the

0:33:51.960 --> 0:33:55.880
<v Speaker 4>investigator sat down in Sacramento and for two hours we

0:33:55.960 --> 0:33:58.200
<v Speaker 4>went through every piece of evidence there and I made

0:33:58.240 --> 0:34:00.640
<v Speaker 4>the case that Kiara Newsom was innocent. At the end

0:34:00.680 --> 0:34:03.600
<v Speaker 4>of that then the investigators said thank you very much.

0:34:04.320 --> 0:34:07.480
<v Speaker 4>And that's the last I heard until on Christmas Eve,

0:34:07.560 --> 0:34:10.680
<v Speaker 4>Christina Lindquist and the Governor's office called me up and said,

0:34:10.719 --> 0:34:13.040
<v Speaker 4>I've just talked to your client. Her sentence is being

0:34:13.040 --> 0:34:15.240
<v Speaker 4>commuted to twenty years to life. She should be eligible

0:34:15.280 --> 0:34:15.720
<v Speaker 4>for parole.

0:34:15.760 --> 0:34:19.799
<v Speaker 3>Immediately, I thought I was gonna be sent directly home

0:34:19.880 --> 0:34:22.480
<v Speaker 3>right away. I didn't know that I was going to

0:34:22.560 --> 0:34:25.319
<v Speaker 3>have to go before the parole board, but I had

0:34:25.360 --> 0:34:28.240
<v Speaker 3>to tell myself. I said, Kara, you always said whether

0:34:28.320 --> 0:34:30.920
<v Speaker 3>through the boardroom or through the court room. You was

0:34:30.960 --> 0:34:34.359
<v Speaker 3>going to get out of here. You can fight another day.

0:34:34.560 --> 0:34:36.360
<v Speaker 3>Just do what you have to do. I'll do the

0:34:36.360 --> 0:34:38.800
<v Speaker 3>court thing later. It's not justice all the way from me,

0:34:38.880 --> 0:34:41.680
<v Speaker 3>but it's something. And like I told them, the only

0:34:41.760 --> 0:34:45.680
<v Speaker 3>thing that Kara Knewsom is guilty of is dating a

0:34:45.719 --> 0:34:50.600
<v Speaker 3>gang member. I feel so bad for the victim's family.

0:34:50.719 --> 0:34:54.160
<v Speaker 3>They still don't have the justice that they deserve. Okay,

0:34:54.160 --> 0:34:57.080
<v Speaker 3>this is about them. I'll have my moment one day,

0:34:57.480 --> 0:34:59.800
<v Speaker 3>and I believe that that day is coming eventually.

0:35:00.360 --> 0:35:04.560
<v Speaker 1>So April seventh, twenty twenty, Yes, you walked out of

0:35:04.560 --> 0:35:08.319
<v Speaker 1>prison a free woman after serving nearly nineteen years in

0:35:08.320 --> 0:35:10.839
<v Speaker 1>prison for a crime you didn't commit, you didn't know about,

0:35:10.880 --> 0:35:13.200
<v Speaker 1>you had no knowledge of. And what did you do

0:35:13.360 --> 0:35:14.560
<v Speaker 1>when you walked out of prison?

0:35:14.960 --> 0:35:17.719
<v Speaker 3>Well, the first thing I did is run into the

0:35:17.840 --> 0:35:22.920
<v Speaker 3>arms of my fiance. But when we got out the gates,

0:35:23.120 --> 0:35:26.560
<v Speaker 3>Rebecca was right there. And I was told that Hawthorne

0:35:26.600 --> 0:35:28.680
<v Speaker 3>was not going to be there because of this pandemic.

0:35:29.239 --> 0:35:32.520
<v Speaker 3>And when I seen him, even though it was a pandemic,

0:35:32.640 --> 0:35:35.120
<v Speaker 3>you know, I'm like, I'm gonna hug him anyway. I

0:35:35.160 --> 0:35:38.120
<v Speaker 3>got to see my top two people outside of my

0:35:38.200 --> 0:35:40.759
<v Speaker 3>family and outside of you know, my loved ones. And

0:35:40.760 --> 0:35:44.440
<v Speaker 3>then my crew was there, Marisa, all the students, everybody

0:35:44.560 --> 0:35:47.719
<v Speaker 3>was there and it was just so exciting.

0:35:48.440 --> 0:35:52.560
<v Speaker 1>I mean, here it is now and you're seven months pregnant, right, Yeah,

0:35:53.600 --> 0:35:56.480
<v Speaker 1>that's exciting, you know. So do you know if it's

0:35:56.480 --> 0:35:57.200
<v Speaker 1>a girl or a boy.

0:35:57.440 --> 0:35:58.200
<v Speaker 3>It's a boy.

0:35:58.840 --> 0:36:00.279
<v Speaker 1>Okay, do you have a name picked out?

0:36:01.520 --> 0:36:04.920
<v Speaker 3>I'm gonna name him Champion. I've been through a lot

0:36:05.840 --> 0:36:08.719
<v Speaker 3>as well as you know. His father has a tremendous

0:36:08.719 --> 0:36:11.960
<v Speaker 3>story too. We both went to that school together, you know.

0:36:12.160 --> 0:36:15.120
<v Speaker 3>So this baby deserves to be called Champion. This baby

0:36:15.160 --> 0:36:19.560
<v Speaker 3>been through a lot. Even since yeah, even since I've

0:36:19.600 --> 0:36:22.040
<v Speaker 3>been out, this baby's still been through a lot because

0:36:22.080 --> 0:36:26.000
<v Speaker 3>whatever I feel, he feels. And I'm still going through

0:36:26.000 --> 0:36:28.279
<v Speaker 3>it out here, still trying to find work. I have

0:36:28.360 --> 0:36:31.759
<v Speaker 3>all these college degrees, and this big feeling just keeps

0:36:31.760 --> 0:36:36.560
<v Speaker 3>popping up, you know. But eventually things is going to change.

0:36:37.120 --> 0:36:38.799
<v Speaker 3>I know, something's going to happen for me.

0:36:39.280 --> 0:36:42.600
<v Speaker 1>What remains to be done for Kiera Newsom? How does

0:36:42.640 --> 0:36:46.440
<v Speaker 1>this eventually get truly righted? And what can people do

0:36:46.560 --> 0:36:50.120
<v Speaker 1>to help her? And help you help others.

0:36:50.400 --> 0:36:55.000
<v Speaker 4>So Kiera is out of prison, she's free, but she's

0:36:55.040 --> 0:36:57.799
<v Speaker 4>not exonerated. The next step for us, as you may

0:36:57.800 --> 0:37:00.279
<v Speaker 4>have heard, we have a new DA in town here,

0:37:00.560 --> 0:37:05.440
<v Speaker 4>George Gascon, and he is going to revamp the Conviction

0:37:05.560 --> 0:37:08.880
<v Speaker 4>Integrity Unit where I hope to take this case again.

0:37:09.360 --> 0:37:12.640
<v Speaker 4>We will have a petition up on change dot org.

0:37:12.840 --> 0:37:15.719
<v Speaker 4>Gierra should get the justice she's been deserving for so

0:37:15.840 --> 0:37:18.560
<v Speaker 4>long and should be able to walk around a woman

0:37:18.640 --> 0:37:22.080
<v Speaker 4>without a conviction to her name, which has kept a

0:37:22.120 --> 0:37:24.920
<v Speaker 4>lot of doors closed for her so far, and it's

0:37:25.080 --> 0:37:28.320
<v Speaker 4>not fair she should be walking around without this conviction

0:37:28.480 --> 0:37:31.319
<v Speaker 4>hanging around her neck. And so if you want to help,

0:37:31.480 --> 0:37:35.080
<v Speaker 4>please look at the change dot org petition and also

0:37:35.520 --> 0:37:38.480
<v Speaker 4>support the Juvenile Innocence and Fair Sentence and Clinic so

0:37:38.520 --> 0:37:41.480
<v Speaker 4>that we can help more kids who were convicted and

0:37:41.560 --> 0:37:44.360
<v Speaker 4>sent to the California prison system, kids like Kiera.

0:37:44.680 --> 0:37:46.840
<v Speaker 1>So we will put a link in our bio to

0:37:47.000 --> 0:37:50.760
<v Speaker 1>support Kiera and to support Jeff's as well. And now

0:37:51.640 --> 0:37:54.319
<v Speaker 1>we have what we call closing arguments. Closing arguments is

0:37:54.360 --> 0:37:56.279
<v Speaker 1>the section of the show where once again I think

0:37:56.360 --> 0:38:01.600
<v Speaker 1>our two extraordinary guests Chris Hawthorn and Kiera Newsom and

0:38:01.840 --> 0:38:04.759
<v Speaker 1>Chris and Kierra. Here's how this works. This is the

0:38:04.760 --> 0:38:08.000
<v Speaker 1>part of the show where I turned my microphone off,

0:38:08.200 --> 0:38:13.200
<v Speaker 1>kicked back, close my eyes and just listen anything that

0:38:13.239 --> 0:38:16.759
<v Speaker 1>you want to say. It's all yours for the closeout.

0:38:16.880 --> 0:38:19.680
<v Speaker 1>So Chris Hawthorne, why don't you go first, and then

0:38:19.719 --> 0:38:21.920
<v Speaker 1>you can just hand the mic off to Kiera and

0:38:22.160 --> 0:38:23.240
<v Speaker 1>she can do the mic drop.

0:38:23.960 --> 0:38:26.480
<v Speaker 4>We started the Juvenile Innocence in Fair Sentence in Clinic

0:38:26.480 --> 0:38:31.200
<v Speaker 4>in twenty twelve because Los Angeles is the capital of

0:38:31.320 --> 0:38:36.040
<v Speaker 4>juvenile over sentencing. There are so many kids during the

0:38:36.120 --> 0:38:39.439
<v Speaker 4>nineteen nineties, during the early part of this century who

0:38:39.560 --> 0:38:43.280
<v Speaker 4>got sent off to California prisons to serve really long sentences,

0:38:43.320 --> 0:38:46.240
<v Speaker 4>some of them wrongfully convicted, all of them over sentenced.

0:38:46.840 --> 0:38:50.640
<v Speaker 4>It is so important for us as a city and

0:38:50.680 --> 0:38:54.360
<v Speaker 4>a county to live up to the ideals we believe

0:38:54.440 --> 0:38:57.279
<v Speaker 4>Los Angeles stands for, to be the city that we

0:38:57.400 --> 0:39:01.799
<v Speaker 4>say we are, this big, beautiful, diverse city which values

0:39:02.320 --> 0:39:09.279
<v Speaker 4>its citizens, values every citizen. Kiara Newsom is just one

0:39:09.320 --> 0:39:14.480
<v Speaker 4>of the most egregious examples of how unjustly children are

0:39:14.520 --> 0:39:17.840
<v Speaker 4>treated in the criminal justice system here in Los Angeles

0:39:17.880 --> 0:39:20.319
<v Speaker 4>and were for many many years. I have a lot

0:39:20.360 --> 0:39:23.600
<v Speaker 4>of faith that the new District Attorney's office is going

0:39:23.640 --> 0:39:26.840
<v Speaker 4>to change that. I'm hoping that we'll be able to

0:39:26.960 --> 0:39:29.760
<v Speaker 4>continue the work we've been doing, and I'm so excited

0:39:30.080 --> 0:39:32.320
<v Speaker 4>to be able to do it with Kiara Newsom free

0:39:33.280 --> 0:39:36.960
<v Speaker 4>and at the side of all of our amazing students

0:39:36.960 --> 0:39:39.480
<v Speaker 4>and staff who are going to keep doing this work

0:39:39.520 --> 0:39:41.359
<v Speaker 4>as long as we can possibly do it.

0:39:42.280 --> 0:39:44.319
<v Speaker 3>First of all, I would like to thank each and

0:39:44.360 --> 0:39:46.960
<v Speaker 3>every one of you guys for taking the time out

0:39:47.040 --> 0:39:50.800
<v Speaker 3>to listen to my story. I am not the first

0:39:51.120 --> 0:39:54.040
<v Speaker 3>that this what happened to, and I know that I

0:39:54.120 --> 0:39:56.520
<v Speaker 3>am not the last that this what happened to. And

0:39:56.600 --> 0:40:00.799
<v Speaker 3>I also know that where I come from, there are

0:40:00.920 --> 0:40:06.160
<v Speaker 3>many many others I was just incarcerated, and I know

0:40:06.239 --> 0:40:09.680
<v Speaker 3>at least ten more in me that's there that don't

0:40:09.719 --> 0:40:12.759
<v Speaker 3>even have the opportunities that I have right now. I

0:40:12.800 --> 0:40:16.880
<v Speaker 3>won't for anyone that ever has to do jury duty

0:40:17.160 --> 0:40:21.120
<v Speaker 3>and deal with cases that has to deal with gangs

0:40:21.160 --> 0:40:24.920
<v Speaker 3>and threats and violence and things like that, to really

0:40:25.040 --> 0:40:28.680
<v Speaker 3>really pay attention to the evidence, because one small mistake

0:40:29.719 --> 0:40:33.480
<v Speaker 3>this can happen to anyone. And I just want to

0:40:33.520 --> 0:40:37.480
<v Speaker 3>say that I blame no one for this happening to me,

0:40:37.680 --> 0:40:40.120
<v Speaker 3>and I realized that everyone had a job to do,

0:40:40.520 --> 0:40:42.560
<v Speaker 3>whether it was a judge, whether it was a da

0:40:43.000 --> 0:40:47.319
<v Speaker 3>whether it was the officers. In due time, God would

0:40:47.360 --> 0:40:51.440
<v Speaker 3>deal with everybody accordingly. I just want everybody to have

0:40:51.520 --> 0:40:56.560
<v Speaker 3>a peaceful twenty twenty one and enjoy themselves, and each

0:40:56.600 --> 0:40:59.560
<v Speaker 3>one teach one and each one reach one and go

0:40:59.600 --> 0:41:02.040
<v Speaker 3>out there and make a difference in the change in

0:41:02.120 --> 0:41:04.839
<v Speaker 3>someone else's life, because you never know who you'll touch.

0:41:11.200 --> 0:41:13.799
<v Speaker 1>Don't forget to give us a fantastic review wherever you

0:41:13.840 --> 0:41:17.560
<v Speaker 1>get your podcasts. It really helps. And I'm a proud

0:41:17.560 --> 0:41:20.120
<v Speaker 1>donor to the Innocence Project and I really hope you'll

0:41:20.239 --> 0:41:23.640
<v Speaker 1>join me in supporting this very important cause and helping

0:41:23.719 --> 0:41:27.480
<v Speaker 1>to prevent future wrongful convictions. Go to Innocenceproject dot org

0:41:27.800 --> 0:41:30.560
<v Speaker 1>to learn how to donate and get involved. I'd like

0:41:30.600 --> 0:41:33.560
<v Speaker 1>to thank our production team, Connor Hall and Kevin Wartis.

0:41:33.920 --> 0:41:36.200
<v Speaker 1>The music in the show is by three time OSCAR

0:41:36.239 --> 0:41:39.279
<v Speaker 1>nominated composer Jay Ralph. Be sure to follow us on

0:41:39.320 --> 0:41:44.120
<v Speaker 1>Instagram at Wrongful Conviction and on Facebook at Wrongful Conviction Podcast.

0:41:44.480 --> 0:41:47.520
<v Speaker 1>Wrongful Conviction with Jason Flahm is a production of Lava

0:41:47.560 --> 0:42:00.840
<v Speaker 1>for Good podcasts and association with signal Company Number one