1 00:00:03,120 --> 00:00:06,160 Speaker 1: On July tenth, nineteen ninety four, a group of armed 2 00:00:06,200 --> 00:00:11,559 Speaker 1: men invaded and robbed a suburban Houston crack operation. Of 3 00:00:11,600 --> 00:00:14,640 Speaker 1: the four occupants of the home, one claimed to have 4 00:00:14,760 --> 00:00:19,439 Speaker 1: hit until the assailants left. One was fatally shot, while 5 00:00:19,440 --> 00:00:23,440 Speaker 1: the other two were injured but managed to escape. One 6 00:00:23,480 --> 00:00:26,400 Speaker 1: of the surviving victims described an assailant, but couldn't make 7 00:00:26,440 --> 00:00:30,960 Speaker 1: an identification for twelve years, at which point he finally 8 00:00:31,000 --> 00:00:34,280 Speaker 1: picked out the photo of Ivory Dorsey, a guy he'd 9 00:00:34,360 --> 00:00:38,440 Speaker 1: known since middle school who definitely didn't fit his description, 10 00:00:39,080 --> 00:00:44,280 Speaker 1: but Ivory was sentenced to twenty years. Anyway, this is 11 00:00:44,320 --> 00:00:53,600 Speaker 1: wrongful conviction. You're listening to Wrongful Conviction. You can listen 12 00:00:53,640 --> 00:00:56,080 Speaker 1: to this and all the Lava for Good podcasts one 13 00:00:56,080 --> 00:00:59,320 Speaker 1: week early and ad free by subscribing to Lava for 14 00:00:59,400 --> 00:01:10,679 Speaker 1: Good Plus on Apple Podcasts. Welcome back to Wrongful Conviction, 15 00:01:10,760 --> 00:01:13,319 Speaker 1: where we've got a case out of Houston, Texas where 16 00:01:13,800 --> 00:01:18,440 Speaker 1: our guest languished in prison for over a decade after 17 00:01:18,720 --> 00:01:24,520 Speaker 1: the assailant came forward and claimed responsibility, and the record still, 18 00:01:24,600 --> 00:01:29,160 Speaker 1: by the way, is uncorrected. But luckily I guess yeah, 19 00:01:29,280 --> 00:01:31,399 Speaker 1: I mean, you could say that he's at least out 20 00:01:31,440 --> 00:01:35,640 Speaker 1: on parole and so Ivory, thanks for joining us today. 21 00:01:35,880 --> 00:01:37,080 Speaker 2: Thank you for having us too. 22 00:01:37,720 --> 00:01:41,399 Speaker 1: And with him is a recent Princeton graduate, Kennedy Mattis, 23 00:01:41,480 --> 00:01:45,840 Speaker 1: whose involvement began with the Making Xandery class, an undergraduate 24 00:01:45,959 --> 00:01:49,680 Speaker 1: course that was originally started at Georgetown with our good 25 00:01:49,680 --> 00:01:53,200 Speaker 1: friends Mark Howard and Marty Tankliffe. It's now spread to Princeton, 26 00:01:53,400 --> 00:01:57,120 Speaker 1: while Kennedy is continuing on her own righteous path to 27 00:01:57,240 --> 00:02:00,640 Speaker 1: Harvard Law. Yeah you heard that right, So we hope 28 00:02:00,680 --> 00:02:03,200 Speaker 1: this is the first of many many visits. 29 00:02:03,280 --> 00:02:05,520 Speaker 2: Kennedy, welcome, Thank you so much. 30 00:02:06,520 --> 00:02:09,720 Speaker 1: Now, Ivery, you grew up in Houston, right, so tell 31 00:02:09,800 --> 00:02:10,399 Speaker 1: us about that. 32 00:02:10,720 --> 00:02:13,280 Speaker 3: My mother, she was a single black woman. My sister 33 00:02:13,440 --> 00:02:16,800 Speaker 3: like was ten years younger than me. No dad, typical 34 00:02:16,840 --> 00:02:19,520 Speaker 3: life going on in the ghetto. She was heavily into 35 00:02:19,560 --> 00:02:21,680 Speaker 3: drugs bro She tried to go to work every day 36 00:02:21,720 --> 00:02:23,640 Speaker 3: and still get high and have parties. 37 00:02:23,240 --> 00:02:23,919 Speaker 2: On the weekend. 38 00:02:24,240 --> 00:02:25,880 Speaker 3: I can remember when I was a kid, my mother 39 00:02:26,000 --> 00:02:28,440 Speaker 3: was on hair run. My mother would leave certain days 40 00:02:28,520 --> 00:02:31,240 Speaker 3: and be gone two three days and I would still 41 00:02:31,280 --> 00:02:33,560 Speaker 3: fix my sister hair up, take her to school that 42 00:02:33,639 --> 00:02:35,160 Speaker 3: I go to school. I'd be late every day for 43 00:02:35,240 --> 00:02:38,000 Speaker 3: first period, and they started asking questions and stuff like that, 44 00:02:38,080 --> 00:02:40,000 Speaker 3: and I just lie to them, tell them, yeah, we move. 45 00:02:40,520 --> 00:02:42,600 Speaker 3: I got to catch two buses to school, you know 46 00:02:42,639 --> 00:02:44,200 Speaker 3: what I'm saying. Because I didn't want to give my 47 00:02:44,200 --> 00:02:47,359 Speaker 3: mother up because my worst fear was being separated. 48 00:02:47,200 --> 00:02:50,280 Speaker 1: So they hadn't moved. They lived at the Villa Americana 49 00:02:50,320 --> 00:02:53,320 Speaker 1: apartment complex, which was otherwise known as the Bricks, which 50 00:02:53,400 --> 00:02:57,280 Speaker 1: was notorious for poverty, violence and the police misconduct that 51 00:02:57,280 --> 00:03:00,400 Speaker 1: can plague an area like that. So he'd lie for 52 00:03:00,520 --> 00:03:02,200 Speaker 1: his mom to keep them together. 53 00:03:02,680 --> 00:03:05,119 Speaker 2: I just wanted to protect her. But I was a kid. 54 00:03:05,280 --> 00:03:06,960 Speaker 3: All I wanted to do is play baseball at that 55 00:03:07,040 --> 00:03:10,600 Speaker 3: time and do music. I love hip hop, jazz, R 56 00:03:10,639 --> 00:03:14,080 Speaker 3: and B. You know what I'm saying, Blues, zodico. My 57 00:03:14,120 --> 00:03:17,200 Speaker 3: grandmother she used to always play pop and blues and 58 00:03:17,240 --> 00:03:19,560 Speaker 3: different stuff like that, so she was like my first DJ. 59 00:03:19,800 --> 00:03:22,960 Speaker 3: And my grandfather ran a couple of clubs, so you know, 60 00:03:23,040 --> 00:03:25,760 Speaker 3: they always had music banging in there and everything. But 61 00:03:25,919 --> 00:03:28,440 Speaker 3: I was always around people playing records and I loved 62 00:03:28,440 --> 00:03:29,359 Speaker 3: it that growing up. 63 00:03:29,680 --> 00:03:30,960 Speaker 2: That was my go to place. 64 00:03:31,440 --> 00:03:34,239 Speaker 3: Like when I was incarcerated, I drew, I wrote music, 65 00:03:34,480 --> 00:03:36,240 Speaker 3: but that was my go to place to get away 66 00:03:36,240 --> 00:03:40,119 Speaker 3: from the reality. But April the ninth, nineteen ninety three, 67 00:03:40,240 --> 00:03:42,920 Speaker 3: my mother wind up down HIV Man bird. When I 68 00:03:42,960 --> 00:03:45,080 Speaker 3: was like seventeen, I had to do what I had 69 00:03:45,080 --> 00:03:47,640 Speaker 3: to do to survive. I started selling drugs. You know 70 00:03:47,680 --> 00:03:49,280 Speaker 3: what I'm saying, take care of me and my sister. 71 00:03:49,640 --> 00:03:52,600 Speaker 3: At this time, I'm like homeless. And if I had 72 00:03:52,600 --> 00:03:55,280 Speaker 3: a little work, like we call drugs back then I 73 00:03:55,280 --> 00:03:57,240 Speaker 3: would be able to proper stair somebody house and do 74 00:03:57,280 --> 00:03:59,120 Speaker 3: a little traffic while I could make me some money. 75 00:03:59,520 --> 00:04:01,880 Speaker 1: Between the his mother's death in the summer of ninety four, 76 00:04:01,960 --> 00:04:04,080 Speaker 1: he had two sons, one with a young woman named 77 00:04:04,120 --> 00:04:06,560 Speaker 1: Tamika Houston, and at that time they were staying at 78 00:04:06,560 --> 00:04:09,400 Speaker 1: the home of Lafonda Henry, which is where they were 79 00:04:09,400 --> 00:04:12,360 Speaker 1: on the night of July tenth, nineteen ninety four, when, 80 00:04:12,680 --> 00:04:16,200 Speaker 1: unbeknownst to them, across town, a blue car pulled up 81 00:04:16,200 --> 00:04:19,119 Speaker 1: to a suburban home that operated as a drug house. 82 00:04:19,520 --> 00:04:21,880 Speaker 4: So that night at five four to two six here 83 00:04:21,880 --> 00:04:24,440 Speaker 4: in Dell Street, there were four men in the house. 84 00:04:24,600 --> 00:04:28,680 Speaker 4: There was the decedent, mister Charles Monroe. There were Clifford 85 00:04:28,720 --> 00:04:31,279 Speaker 4: Tyler and Willie Williams, who were by the kitchen cutting 86 00:04:31,279 --> 00:04:34,520 Speaker 4: each other's hair, and then there was Alton Brown who 87 00:04:34,520 --> 00:04:37,679 Speaker 4: went by Bud and he was cleaning in a back room. 88 00:04:37,839 --> 00:04:41,720 Speaker 4: Around eleven thirty, one of the neighbors, Cleveland Guite, heard 89 00:04:41,720 --> 00:04:44,240 Speaker 4: the car doors slam, which woke come up, so he 90 00:04:44,279 --> 00:04:47,760 Speaker 4: hooked outside. That's when four to six men break into 91 00:04:47,760 --> 00:04:49,880 Speaker 4: the house. They kicked the door in and they start 92 00:04:49,880 --> 00:04:54,479 Speaker 4: shooting immediately. Clifford Tyler and Willie Williams get hit with 93 00:04:54,640 --> 00:04:57,280 Speaker 4: bullets while they run out the back door, but they 94 00:04:57,320 --> 00:05:01,719 Speaker 4: live and Charles Monroe ends up downing from the gunshots. 95 00:05:02,279 --> 00:05:06,200 Speaker 4: Alton Bud Brown hid in the closet while this was happening. 96 00:05:06,320 --> 00:05:08,760 Speaker 4: His testimony is that he didn't see anything, but he 97 00:05:08,760 --> 00:05:11,800 Speaker 4: heard these men ask Charles Monroe to show them where 98 00:05:11,800 --> 00:05:14,680 Speaker 4: the drugs are. He takes them to the back room. 99 00:05:14,960 --> 00:05:17,880 Speaker 4: Charles Monroe tussles the gun that's held by one of 100 00:05:17,920 --> 00:05:20,680 Speaker 4: the men we later find out is mister Xavier Stevenson. 101 00:05:20,920 --> 00:05:23,120 Speaker 4: While they tussle over the gun is when the gun 102 00:05:23,200 --> 00:05:28,360 Speaker 4: goes off and that's how Charles Monroe is fatally shot. 103 00:05:27,880 --> 00:05:30,719 Speaker 1: And the major blood spatter was in the back room 104 00:05:30,800 --> 00:05:34,680 Speaker 1: of the house. But oddly Charles Monroe's body was found outside, 105 00:05:34,880 --> 00:05:37,760 Speaker 1: which raises questions about Alton Bud Brown. 106 00:05:38,040 --> 00:05:41,120 Speaker 3: If you look at the evidence, blood was all over 107 00:05:41,120 --> 00:05:43,360 Speaker 3: the house and he was outside, so that showed you 108 00:05:43,480 --> 00:05:45,400 Speaker 3: that Charles was trying to get some help. So that 109 00:05:45,480 --> 00:05:47,680 Speaker 3: made me think that this guy was struggling and fighting 110 00:05:47,680 --> 00:05:50,960 Speaker 3: for his life. And Bud, whatever his name is, I 111 00:05:51,000 --> 00:05:52,520 Speaker 3: was wondering why he never Rander aid. 112 00:05:53,040 --> 00:05:56,599 Speaker 4: To Ivory's point, there's still a lot of confusion and 113 00:05:56,839 --> 00:06:02,400 Speaker 4: mystery around the exact incidents that place in Alton Bud Brown. 114 00:06:02,960 --> 00:06:06,040 Speaker 4: He was interviewed the one time, I believe after the incident, 115 00:06:06,080 --> 00:06:09,040 Speaker 4: and he wasn't called to testify at trial. 116 00:06:09,839 --> 00:06:12,640 Speaker 1: He said what he had allegedly just heard and that 117 00:06:12,839 --> 00:06:15,919 Speaker 1: he hadn't seen any of the assailants. And according to 118 00:06:16,040 --> 00:06:19,680 Speaker 1: Xavier Stevenson's Affidavid, the arm group left with a camquarder, 119 00:06:19,800 --> 00:06:22,520 Speaker 1: a police scanner, and a cell phone. 120 00:06:22,640 --> 00:06:25,279 Speaker 3: The next day, a knock came at the door, probably 121 00:06:25,360 --> 00:06:27,920 Speaker 3: around ten some because I never forget because Price's right 122 00:06:28,040 --> 00:06:30,560 Speaker 3: was on and that's when the female friend that I 123 00:06:30,600 --> 00:06:32,919 Speaker 3: was staying with, she answered the door and she was like, 124 00:06:33,000 --> 00:06:35,760 Speaker 3: it's black. I went outside and holler led him whatever, 125 00:06:35,880 --> 00:06:38,080 Speaker 3: and that's when an Xavier Stevens was trying to sell 126 00:06:38,120 --> 00:06:40,400 Speaker 3: me the phone. So I was like, at work, that's 127 00:06:40,400 --> 00:06:42,000 Speaker 3: the first thing I asked, when I should have asked 128 00:06:42,040 --> 00:06:45,359 Speaker 3: where you got it from. I used the phone just 129 00:06:45,400 --> 00:06:47,040 Speaker 3: to call the house to hear the house phone ring. 130 00:06:47,080 --> 00:06:48,800 Speaker 3: I didn't know she was going to pick up the 131 00:06:48,839 --> 00:06:51,120 Speaker 3: phone and work. I say what you want for and 132 00:06:51,160 --> 00:06:52,920 Speaker 3: he was like twenty dollars? So I said where you 133 00:06:53,040 --> 00:06:54,760 Speaker 3: get it from? So he was like, man, don't worry 134 00:06:54,760 --> 00:06:56,320 Speaker 3: about all that, bro, Do you want it or not? 135 00:06:56,560 --> 00:06:59,200 Speaker 3: And when his demeanor change, I was like, nah, I'm good. 136 00:06:59,320 --> 00:07:02,640 Speaker 3: At that time, Comiskey had pulled up and he was 137 00:07:02,680 --> 00:07:04,760 Speaker 3: asking to use the house phone because at that time 138 00:07:04,800 --> 00:07:07,760 Speaker 3: we was hustling and we all had pages. So I 139 00:07:07,839 --> 00:07:10,160 Speaker 3: was like, well, shit, he got a phone. He's trying 140 00:07:10,160 --> 00:07:11,040 Speaker 3: to saill right now. 141 00:07:11,760 --> 00:07:15,240 Speaker 1: Ivory's friend, Comiski Lockett, ended up using the cell phone too, 142 00:07:15,760 --> 00:07:19,840 Speaker 1: and was also later allegedly identified by Clifford Tyler, a 143 00:07:19,920 --> 00:07:23,640 Speaker 1: guy I renewed from middle school, but first Tyler identified 144 00:07:23,680 --> 00:07:24,160 Speaker 1: no one. 145 00:07:24,440 --> 00:07:27,760 Speaker 4: So when he was first interviewed, this was July eleventh, 146 00:07:27,880 --> 00:07:31,040 Speaker 4: nineteen ninety four, post surgery, so immediately the day after 147 00:07:31,840 --> 00:07:34,760 Speaker 4: his statement was that there were more than one suspect, 148 00:07:34,840 --> 00:07:38,000 Speaker 4: but he only saw one. The one suspect he saw 149 00:07:38,360 --> 00:07:41,320 Speaker 4: was the first man through the door. He thinks the 150 00:07:41,360 --> 00:07:44,320 Speaker 4: first suspect said something similar to give it up prior 151 00:07:44,360 --> 00:07:47,320 Speaker 4: to starting shooting, but the suspects were shooting before they 152 00:07:47,360 --> 00:07:51,600 Speaker 4: had a chance to react. His initial description was a blackmail, 153 00:07:51,800 --> 00:07:53,600 Speaker 4: short and skinny in his thirties. 154 00:07:53,840 --> 00:07:56,480 Speaker 3: Yeah, I was nineteen years old, he said. The guy 155 00:07:56,600 --> 00:08:00,480 Speaker 3: was short, a dog African male. I was already like six' to, 156 00:08:00,480 --> 00:08:03,320 Speaker 3: one like brown, skin the same COLOR i am. Now 157 00:08:03,360 --> 00:08:05,200 Speaker 3: they tried to make LIKE i was darker back. 158 00:08:05,240 --> 00:08:06,280 Speaker 1: Then it was. 159 00:08:06,360 --> 00:08:08,520 Speaker 2: Crazy now it just ain't, me. Man. 160 00:08:08,880 --> 00:08:11,160 Speaker 3: LIKE a couple of days, later the female friend THAT 161 00:08:11,200 --> 00:08:13,360 Speaker 3: i was staying, with she told me that a police call, 162 00:08:13,440 --> 00:08:15,360 Speaker 3: here AND i say the police for? What you, Know 163 00:08:15,360 --> 00:08:16,960 Speaker 3: i'm a drug, Dealer So i'm, like the hell the 164 00:08:16,960 --> 00:08:20,040 Speaker 3: cops call her? For and she like, homicides something about 165 00:08:20,120 --> 00:08:22,760 Speaker 3: a phone maybe that phone, dead old, boy trying to 166 00:08:22,760 --> 00:08:23,440 Speaker 3: sell your dumb. 167 00:08:23,440 --> 00:08:27,920 Speaker 1: Ass lafonda's home phone, record as well As ivory's, pager 168 00:08:28,040 --> 00:08:31,400 Speaker 1: would prove that he was At lafonda's during the. Crime after, 169 00:08:31,440 --> 00:08:34,040 Speaker 1: all that's how he made a, living right he'd get, 170 00:08:34,120 --> 00:08:37,600 Speaker 1: paiged call back on the home phone and do. Business but, 171 00:08:38,440 --> 00:08:41,880 Speaker 1: nevertheless the police must have been checking the cell phones, 172 00:08:41,920 --> 00:08:45,120 Speaker 1: activity which led them to Call lafonda's home. 173 00:08:45,160 --> 00:08:48,000 Speaker 3: PHONE i called the police station trying to see what 174 00:08:48,080 --> 00:08:50,040 Speaker 3: the hell they was calling my house. For they was, 175 00:08:50,040 --> 00:08:52,720 Speaker 3: like who are? You AND i was, Like Ivory dorser 176 00:08:52,800 --> 00:08:54,600 Speaker 3: he called my house or such An it's like there 177 00:08:54,600 --> 00:08:56,800 Speaker 3: was a murder of. Vegigation were trying to see who 178 00:08:56,920 --> 00:08:59,079 Speaker 3: had the phone in because he tell us. ANYTHING i, say, 179 00:08:59,120 --> 00:09:00,640 Speaker 3: Man i'm not trying to get him. Ned did you 180 00:09:00,720 --> 00:09:02,920 Speaker 3: just say somebody got? Killed i'm trying to protect my. 181 00:09:02,960 --> 00:09:04,679 Speaker 3: People i'm not finna get involved IN. Ned so he was, 182 00:09:04,720 --> 00:09:06,640 Speaker 3: like can you come down to the. STATION i, say 183 00:09:06,640 --> 00:09:08,800 Speaker 3: come down to the. Station you already got my. Address 184 00:09:08,800 --> 00:09:10,680 Speaker 3: you come over here and high limit my whole family 185 00:09:10,720 --> 00:09:12,680 Speaker 3: gonna be him my. Lawyer it was, like you don't 186 00:09:12,679 --> 00:09:14,280 Speaker 3: need no. Lawyer we ain't trying to do all. That 187 00:09:14,400 --> 00:09:15,839 Speaker 3: we just want to talk to you see if you 188 00:09:15,880 --> 00:09:17,720 Speaker 3: know a couple of these guys that type of. Thing 189 00:09:18,320 --> 00:09:20,520 Speaker 3: so he never, came never seen. 190 00:09:20,360 --> 00:09:24,679 Speaker 1: Him and perhaps Since ivory wouldn't risk his and his 191 00:09:24,760 --> 00:09:28,480 Speaker 1: family safety to further their, investigation they kept him in 192 00:09:28,559 --> 00:09:31,000 Speaker 1: mind for a later date because this meant that he 193 00:09:31,080 --> 00:09:33,760 Speaker 1: knew who had the cell phone. Right but he didn't 194 00:09:33,800 --> 00:09:36,640 Speaker 1: hear any more about this investigation until over a year, 195 00:09:36,760 --> 00:09:39,280 Speaker 1: later in which Time Clifford tyler viewed two. 196 00:09:39,400 --> 00:09:43,480 Speaker 4: Lineups august twenty, fifth nineteen ninety, four the lead detective 197 00:09:43,520 --> 00:09:46,920 Speaker 4: shows him a. Lineup that detective points to the guy 198 00:09:47,040 --> 00:09:49,679 Speaker 4: in the second position and ask if he shot at, 199 00:09:49,720 --> 00:09:51,960 Speaker 4: him to which Mister tyler responds that he never really 200 00:09:51,960 --> 00:09:55,360 Speaker 4: got a good look at the. Suspects On august, eleventh 201 00:09:55,559 --> 00:09:58,920 Speaker 4: nineteen ninety, five this is when Mister tyler's brought to 202 00:09:58,960 --> 00:10:04,080 Speaker 4: the police Station Charles monroe's. Mother he was shown another photo. 203 00:10:04,120 --> 00:10:07,120 Speaker 4: Lineup one of the photo lineups the lead, detective he, 204 00:10:07,160 --> 00:10:10,079 Speaker 4: says point out the guy with the gold. Tooth and 205 00:10:10,200 --> 00:10:14,640 Speaker 4: so that's when Mister tyler points To, kamiski Because comiski 206 00:10:14,920 --> 00:10:16,880 Speaker 4: is a man from the neighborhood who had a gold 207 00:10:16,880 --> 00:10:19,640 Speaker 4: tooth at the. Time he, says he's half, shirts Mister 208 00:10:19,760 --> 00:10:23,520 Speaker 4: lockett half shirts not because it happened so, quickly so. 209 00:10:23,840 --> 00:10:28,480 Speaker 1: It appears That, Kamisky lockett And ivory were their preferred. 210 00:10:28,520 --> 00:10:31,720 Speaker 1: Suspects considering the statement that was produced about a week, 211 00:10:31,800 --> 00:10:34,560 Speaker 1: earlier On august, seventh nineteen ninety, five with a woman 212 00:10:34,679 --> 00:10:37,880 Speaker 1: Named Letitia henderson who was in jail facing her own. 213 00:10:38,000 --> 00:10:41,000 Speaker 4: Charges so she said she was staying at a woman's. 214 00:10:41,600 --> 00:10:46,680 Speaker 4: Apartment the woman Is, Squeaky Squeaky's ivory's. Aunt letitia said 215 00:10:46,760 --> 00:10:49,960 Speaker 4: she couldn't provide a, day a, time she couldn't, remember 216 00:10:50,040 --> 00:10:52,120 Speaker 4: but she just remembers being there one, time and she 217 00:10:52,120 --> 00:10:55,200 Speaker 4: Said ivory was there, frequently and she Heard ivory in 218 00:10:55,240 --> 00:10:57,960 Speaker 4: the back room with some other guys saying that he 219 00:10:58,040 --> 00:11:00,400 Speaker 4: had hit a. Lick and she saw a lartch amount 220 00:11:00,440 --> 00:11:02,960 Speaker 4: of money on the. Bed she saw a black, pistol 221 00:11:03,240 --> 00:11:05,400 Speaker 4: and she said that she with another woman that she 222 00:11:05,520 --> 00:11:08,480 Speaker 4: was incarcerated, with determined it had to have Been ivory 223 00:11:08,520 --> 00:11:11,840 Speaker 4: who Killed monroe Because ivory always carried a mask and 224 00:11:11,880 --> 00:11:14,520 Speaker 4: he drove the same blue cars one described by the. 225 00:11:14,520 --> 00:11:17,440 Speaker 2: Neighbors they said that she said That's july to, tenth 226 00:11:17,480 --> 00:11:21,640 Speaker 2: nineteen ninety. Four she was At squeaky. House Well squeaky was. 227 00:11:21,679 --> 00:11:25,679 Speaker 3: Incarcerated she wind up getting locked Up december ninety three 228 00:11:25,800 --> 00:11:28,560 Speaker 3: or something like, that writing Hot, chicks and they came 229 00:11:28,600 --> 00:11:31,600 Speaker 3: and Vict us out the. House the constables did and 230 00:11:31,640 --> 00:11:33,960 Speaker 3: they locked that door. Up nobody was in the. House july, 231 00:11:34,040 --> 00:11:34,840 Speaker 3: tenth nineteen ninety. 232 00:11:34,880 --> 00:11:38,400 Speaker 4: Four the police then Interviewed squeaky and that's When squeaky 233 00:11:38,440 --> 00:11:41,040 Speaker 4: said she had never Seen Letitia henderson in her. 234 00:11:41,080 --> 00:11:43,839 Speaker 1: Life, nevertheless they Visited ivory for the first. 235 00:11:43,840 --> 00:11:46,439 Speaker 2: Time the investigators was asking, me do you know this? 236 00:11:46,559 --> 00:11:48,040 Speaker 2: Guy do you know that? Guy i'm like. 237 00:11:48,080 --> 00:11:51,600 Speaker 3: No when they mentioned to The fertiler name we had 238 00:11:51,600 --> 00:11:53,880 Speaker 3: went to middle, school was like and their name. Familiar 239 00:11:54,120 --> 00:11:56,600 Speaker 3: so WHEN i asked around the, neighborhood somebody, say, man that's, 240 00:11:56,640 --> 00:11:59,120 Speaker 3: toughy AND i was, like, Toughy oh, SHIT i Know. 241 00:11:59,240 --> 00:12:00,920 Speaker 2: Toughy he KNOW i ain't coming his. 242 00:12:00,960 --> 00:12:02,959 Speaker 3: House i'm gonna just go high let him and ask 243 00:12:03,080 --> 00:12:05,200 Speaker 3: him to go to the police station with. Me now 244 00:12:05,200 --> 00:12:07,120 Speaker 3: do you THINK i would actually come in his, house 245 00:12:07,480 --> 00:12:10,360 Speaker 3: kill his, friend shoot him and his other, homeboy and 246 00:12:10,440 --> 00:12:12,120 Speaker 3: then come to him and ask him. 247 00:12:12,000 --> 00:12:12,720 Speaker 2: To go to the police. 248 00:12:12,720 --> 00:12:16,280 Speaker 1: Station now that doesn't sound. Likely so even with Seeing 249 00:12:16,320 --> 00:12:22,360 Speaker 1: ivory in the, Flesh tyler wouldn't Corroborate Lutitia henderson's clearly false. 250 00:12:22,400 --> 00:12:26,640 Speaker 1: Statement but, yet the state later claimed That tyler was 251 00:12:26,920 --> 00:12:28,200 Speaker 1: just too scared to come. 252 00:12:28,240 --> 00:12:32,320 Speaker 4: Forward the theory that prosecutors put forth that he was 253 00:12:32,360 --> 00:12:34,640 Speaker 4: scared to come, forward scared to be able to, snitch 254 00:12:34,760 --> 00:12:38,080 Speaker 4: is questionable because he cooperates with the police seven times 255 00:12:38,080 --> 00:12:40,560 Speaker 4: throughout the twelve. Years one of the times was in 256 00:12:40,559 --> 00:12:42,839 Speaker 4: two thousand and. One the police report says that he 257 00:12:42,880 --> 00:12:46,000 Speaker 4: spoke to the lead, detective but we have no summary 258 00:12:46,240 --> 00:12:48,360 Speaker 4: about what was said during that. 259 00:12:48,480 --> 00:12:51,920 Speaker 1: Interview and then in two thousand and, Six Harris county 260 00:12:51,920 --> 00:12:55,600 Speaker 1: began reopening cold cases and they Paid Clifford tyler another 261 00:12:55,720 --> 00:12:58,679 Speaker 1: visit That, april and we're not sure, why but by 262 00:12:58,679 --> 00:13:00,520 Speaker 1: this time it seems he was ready to. 263 00:13:00,559 --> 00:13:04,280 Speaker 4: Cooperate his statement is that he could recall everything from 264 00:13:04,360 --> 00:13:07,880 Speaker 4: nineteen ninety four like it happened, yesterday and that's when 265 00:13:08,360 --> 00:13:12,320 Speaker 4: the lead detective made a photo. Spread Mister tyler pointed 266 00:13:12,360 --> 00:13:15,720 Speaker 4: to the individual in the three, position which the police 267 00:13:15,760 --> 00:13:18,880 Speaker 4: report says Is Aaron, brown and that's when Mister tyler 268 00:13:18,880 --> 00:13:20,280 Speaker 4: says he's positive that he was. 269 00:13:20,320 --> 00:13:23,839 Speaker 1: There Aaron brown is the brother of a previous guest 270 00:13:23,880 --> 00:13:26,920 Speaker 1: on this, Show alfred D Wayne, brown who left a 271 00:13:26,960 --> 00:13:29,600 Speaker 1: really powerful impression on. Me by the, way we'll link 272 00:13:29,840 --> 00:13:33,920 Speaker 1: alfred interview in the episode. Description strangely though The browns 273 00:13:34,120 --> 00:13:38,160 Speaker 1: And ivory all grew up in The Villa, Americana so 274 00:13:38,920 --> 00:13:43,359 Speaker 1: maybe there's a pattern of policing in impoverished black. Neighborhoods 275 00:13:43,600 --> 00:13:47,160 Speaker 1: certainly seems that way in this. One but either, way 276 00:13:47,320 --> 00:13:49,679 Speaker 1: That Aaron brown idea was ignored and the police went 277 00:13:49,760 --> 00:13:53,840 Speaker 1: back To Clifford. Tyler that may where he Id'd ivory And, 278 00:13:53,920 --> 00:13:57,679 Speaker 1: camiski both of whom had contact with this drug house 279 00:13:57,720 --> 00:13:59,439 Speaker 1: cell phone Through Xavier. 280 00:13:59,480 --> 00:14:02,160 Speaker 3: Stevenson IF i did something like, This, hill why WOULD 281 00:14:02,200 --> 00:14:04,840 Speaker 3: i even use the phone to call my phone? MAN 282 00:14:05,200 --> 00:14:08,400 Speaker 3: i won't even took no damn cell. Phone xaviers had 283 00:14:08,400 --> 00:14:10,160 Speaker 3: to be crazy to even do something like. That you 284 00:14:10,160 --> 00:14:13,640 Speaker 3: know What i'm saying, now real toll. Man and by that, 285 00:14:13,800 --> 00:14:17,600 Speaker 3: Time Exaviers stevenson wind up catching two murder cases behind 286 00:14:17,600 --> 00:14:20,480 Speaker 3: a ten cent dispute in the, store so he wind 287 00:14:20,600 --> 00:14:21,280 Speaker 3: up going on death. 288 00:14:21,400 --> 00:14:25,640 Speaker 1: Row it seems that the police didn't know About, xavier 289 00:14:25,760 --> 00:14:30,280 Speaker 1: but rather that this cell phone both led To ivory And, 290 00:14:30,400 --> 00:14:33,800 Speaker 1: comiskey but that it also led to phone and pager 291 00:14:33,880 --> 00:14:37,080 Speaker 1: records that would Prove ivory's. Innocence so how do they 292 00:14:37,160 --> 00:14:40,840 Speaker 1: Used tyler's identification and ignore how they got To ivory 293 00:14:40,920 --> 00:14:43,920 Speaker 1: in the first. Place the cell. Phone, well the police 294 00:14:43,920 --> 00:14:47,200 Speaker 1: claimed that a man Named Kelton smith said That ivory 295 00:14:47,240 --> 00:14:50,560 Speaker 1: had confessed to, him leading them back To Clifford, Tyler 296 00:14:50,640 --> 00:14:53,160 Speaker 1: but the last recorded interaction With tyler was that. 297 00:14:53,440 --> 00:14:57,760 Speaker 3: Spring now they said they talked To Kelter smith In? October, 298 00:14:57,840 --> 00:15:00,480 Speaker 3: right how did he you go? Back this is not 299 00:15:00,560 --> 00:15:03,440 Speaker 3: a time. Machine nobody never caught that, though BUT i. 300 00:15:03,480 --> 00:15:06,240 Speaker 3: Did how'd you gonna talk to somebody In october and 301 00:15:06,280 --> 00:15:08,800 Speaker 3: then say you go back from the new evidence that you, 302 00:15:08,920 --> 00:15:11,040 Speaker 3: discovered you go back and go talk to? 303 00:15:11,120 --> 00:15:14,920 Speaker 1: Him and may you can't, obviously but now they had 304 00:15:14,960 --> 00:15:18,000 Speaker 1: a path to an indictment without mentioning the cell. 305 00:15:18,040 --> 00:15:23,040 Speaker 4: Phone the charging instrument was filed On december, nineteenth two 306 00:15:23,120 --> 00:15:27,680 Speaker 4: thousand and. Six it Lists Letitia, Henderson Clifford tyler his, 307 00:15:27,840 --> 00:15:32,120 Speaker 4: lineup and Then Kelton, smith who testified and recanted a 308 00:15:32,160 --> 00:15:35,000 Speaker 4: statement at. Trial but those three and not the, phone 309 00:15:35,000 --> 00:15:38,400 Speaker 4: were sited in the charging instrument Against. Ivory ivery never 310 00:15:38,480 --> 00:15:42,440 Speaker 4: had the opportunity to exercise his right to Question Letitia 311 00:15:42,480 --> 00:15:43,880 Speaker 4: henderson since she was one of his. 312 00:15:43,960 --> 00:15:46,560 Speaker 3: Accusers the case should have been dismissed because that's what 313 00:15:46,600 --> 00:15:48,120 Speaker 3: they act. Like they had from the get. 314 00:15:48,120 --> 00:15:51,720 Speaker 4: Go it wasn't That Letitia henderson was listed as a 315 00:15:51,800 --> 00:15:54,440 Speaker 4: state's witness and didn't show. Up she wasn't even listed 316 00:15:54,480 --> 00:15:55,680 Speaker 4: as a state. Witness. 317 00:15:55,920 --> 00:15:59,840 Speaker 1: Wow so trial began In december two thousand and seven 318 00:16:00,200 --> 00:16:04,360 Speaker 1: without Either letitia or the freaking cell, phone but rather 319 00:16:04,720 --> 00:16:06,800 Speaker 1: the other surviving, Victim Willie. 320 00:16:06,800 --> 00:16:10,640 Speaker 4: Williams and that's when he revealed to the jury that 321 00:16:10,720 --> 00:16:13,480 Speaker 4: he had met with The District attorney at the time 322 00:16:13,560 --> 00:16:16,640 Speaker 4: the night. Before so this was the night After varder 323 00:16:16,680 --> 00:16:19,640 Speaker 4: In ivory's, case and when he arrived at the DA's, 324 00:16:19,680 --> 00:16:22,880 Speaker 4: Office Clifford tyler was there and they had spoken about 325 00:16:22,880 --> 00:16:23,760 Speaker 4: the case and bits and. 326 00:16:23,800 --> 00:16:26,840 Speaker 3: Pieces Willie williams was sitting in there with THE dja 327 00:16:27,200 --> 00:16:30,680 Speaker 3: corroborating their. Statement but the interesting thing about Mister, williams 328 00:16:30,720 --> 00:16:32,960 Speaker 3: like he told the, Truth like this man was not 329 00:16:32,960 --> 00:16:34,560 Speaker 3: one of the mans that came to my house that, 330 00:16:34,720 --> 00:16:38,720 Speaker 3: night but the police he'll be like he tentively ideed, 331 00:16:38,840 --> 00:16:41,320 Speaker 3: him just saying stuff like, that and it was all a. 332 00:16:41,400 --> 00:16:43,880 Speaker 3: Lie the man, SAID i never seen his man. Before he, 333 00:16:43,880 --> 00:16:46,440 Speaker 3: said he's seen a Dark African american male and he's 334 00:16:46,480 --> 00:16:49,560 Speaker 3: seen a Bright African american male that was like high. 335 00:16:49,680 --> 00:16:52,280 Speaker 3: Yellow you know What i'm, Saying i'm neither one of. 336 00:16:52,320 --> 00:16:55,280 Speaker 1: Them So Willie williams was more of a defense, witness 337 00:16:55,520 --> 00:16:58,880 Speaker 1: as Was Calton, smith who they claimed had Heard ivory. 338 00:16:58,960 --> 00:17:02,360 Speaker 3: Confess basically was telling him like, this what you said 339 00:17:02,440 --> 00:17:04,600 Speaker 3: on this Affid? Davis he, said you may HAVE Affi, 340 00:17:04,680 --> 00:17:07,919 Speaker 3: davis BUT i have assigned. Anything so he just told the. 341 00:17:07,960 --> 00:17:10,439 Speaker 3: Truth like me and him never had a conversation about 342 00:17:10,440 --> 00:17:14,040 Speaker 3: me telling him THAT i killed white. Boy he told, me, say, 343 00:17:14,040 --> 00:17:16,040 Speaker 3: MAN i don't even talk like, that Like i'm running 344 00:17:16,040 --> 00:17:18,240 Speaker 3: around the neighborhood of Saying i'll kill somebody or. Something 345 00:17:18,600 --> 00:17:21,120 Speaker 3: he said that they threatened him if he didn't say 346 00:17:21,119 --> 00:17:23,320 Speaker 3: what they wanted him to, say he won't gonna go 347 00:17:23,359 --> 00:17:23,639 Speaker 3: home this. 348 00:17:23,800 --> 00:17:28,600 Speaker 4: Family Kelton smith's testimony was first On december, eleventh so 349 00:17:28,800 --> 00:17:31,640 Speaker 4: that night is when the district attorney at the time 350 00:17:32,000 --> 00:17:35,040 Speaker 4: saw him and threatened. Him and then it's On december 351 00:17:35,080 --> 00:17:37,760 Speaker 4: twelfth that he, SAYS i was. Intimidated they said THAT 352 00:17:37,800 --> 00:17:41,000 Speaker 4: i wouldn't see my daughters IF i changed my testimony 353 00:17:41,040 --> 00:17:43,280 Speaker 4: When i'm supposed to be released In. May and then 354 00:17:43,320 --> 00:17:45,800 Speaker 4: that's when the district attorney was trying to get him 355 00:17:45,800 --> 00:17:48,320 Speaker 4: to go into how much bigger he is than, her 356 00:17:48,359 --> 00:17:51,320 Speaker 4: and how could she possibly be intimidating to? Him and 357 00:17:51,359 --> 00:17:54,680 Speaker 4: that's when he mentioned he, Said i'm not intimidated, physically 358 00:17:54,760 --> 00:17:56,840 Speaker 4: but when you're a part of the system and you 359 00:17:56,960 --> 00:17:59,960 Speaker 4: threatened to prevent me from seeing my, daughters THAN i am. 360 00:18:00,040 --> 00:18:04,359 Speaker 1: Intimidated Kelton smith was the last unintentional defense. Witness but 361 00:18:04,480 --> 00:18:07,760 Speaker 1: it seems Like ivory's attorney didn't prepare or even mount 362 00:18:07,800 --> 00:18:08,600 Speaker 1: a defense of his. 363 00:18:08,680 --> 00:18:11,440 Speaker 3: Own he didn't talk to none of THE da. Witnesses 364 00:18:11,480 --> 00:18:13,960 Speaker 3: he never talked to none of my. Witnesses and he'll 365 00:18:13,960 --> 00:18:16,399 Speaker 3: tell them someone they can, understand even A. Celton he was, 366 00:18:16,480 --> 00:18:18,560 Speaker 3: like did you ever talk to me or? 367 00:18:18,640 --> 00:18:19,160 Speaker 2: Anybody? 368 00:18:19,680 --> 00:18:22,560 Speaker 3: No did anybody promise you your statement for your such? 369 00:18:22,560 --> 00:18:25,760 Speaker 3: Initiinate he was, like, no never seen, him never talked to. 370 00:18:25,800 --> 00:18:29,800 Speaker 4: Anybody ivory's attorney declined to make an opening. Statement there 371 00:18:29,840 --> 00:18:33,320 Speaker 4: were no defense witnesses during the guilt and innocence phase 372 00:18:33,320 --> 00:18:37,120 Speaker 4: of this. Trial there's just questions of Whether ivory really 373 00:18:37,160 --> 00:18:38,960 Speaker 4: had effective assistance of. 374 00:18:39,000 --> 00:18:43,000 Speaker 1: Counsel it certainly seems that. Way i've retold him about 375 00:18:43,000 --> 00:18:46,000 Speaker 1: the phone records and begged him to Subpoena Xavier. 376 00:18:46,040 --> 00:18:49,080 Speaker 3: Stevenson BUT i told my, lawyer, hey, man you need 377 00:18:49,119 --> 00:18:51,800 Speaker 3: to subpoena this, guy like along with my alibi, witnesses 378 00:18:51,800 --> 00:18:54,080 Speaker 3: BECAUSE i could prove THAT i was somewhere. Else so 379 00:18:54,240 --> 00:18:56,280 Speaker 3: my lawyers he always told me the case was, weak 380 00:18:56,359 --> 00:18:58,440 Speaker 3: AND i was trying to build a defense for. Myself 381 00:18:58,840 --> 00:19:00,240 Speaker 3: but he was always, saying. 382 00:19:00,200 --> 00:19:01,240 Speaker 2: Man you're innocent to proven. 383 00:19:01,280 --> 00:19:04,200 Speaker 3: Guilty everybody knows that's a, lie especially when you're a black. 384 00:19:04,280 --> 00:19:06,960 Speaker 2: Man you not innocent to prove, guilty not In Harrison. 385 00:19:07,000 --> 00:19:09,840 Speaker 1: County so all it took Was Clifford, tyler who they 386 00:19:09,880 --> 00:19:13,160 Speaker 1: claimed to overcome a fear of reprisal to Identify ivory 387 00:19:13,240 --> 00:19:16,400 Speaker 1: after twelve, years a fear that they tried to support 388 00:19:16,480 --> 00:19:19,680 Speaker 1: by talking about When ivory had reached out to him 389 00:19:19,680 --> 00:19:20,480 Speaker 1: in nineteen eighty. 390 00:19:20,480 --> 00:19:23,000 Speaker 3: Five he even mentioned this on the stand THAT i 391 00:19:23,119 --> 00:19:25,640 Speaker 3: was at the flea market AND i was by. Myself 392 00:19:26,040 --> 00:19:27,880 Speaker 3: he was with his, cousin he was with his, brother 393 00:19:28,040 --> 00:19:30,639 Speaker 3: he was with his, homeboy AND i was asking you 394 00:19:30,720 --> 00:19:32,880 Speaker 3: to go to the police station with. Me that's why 395 00:19:32,880 --> 00:19:34,439 Speaker 3: my lawyer was, like, well it seemed like he was 396 00:19:34,440 --> 00:19:36,439 Speaker 3: trying to clear his, name and he, said what did you? 397 00:19:36,520 --> 00:19:38,359 Speaker 3: Say he, SAID i didn't want to see. HIM i 398 00:19:38,359 --> 00:19:39,800 Speaker 3: didn't want to talk to. HIM i just want to 399 00:19:39,800 --> 00:19:42,400 Speaker 3: sat in the. Car, now that's a. Lie we didn't 400 00:19:42,440 --> 00:19:44,760 Speaker 3: have no beef with each. OTHER i never knew that 401 00:19:44,840 --> 00:19:47,120 Speaker 3: he was a person that didn't like. ME i never 402 00:19:47,200 --> 00:19:49,240 Speaker 3: knew that he Would god understand and do something like 403 00:19:49,280 --> 00:19:49,600 Speaker 3: this to. 404 00:19:49,640 --> 00:19:52,280 Speaker 1: Me and it's not like he hadn't cooperated with police 405 00:19:52,359 --> 00:19:57,880 Speaker 1: seven times over twelve. Years and something telling happened when 406 00:19:57,920 --> 00:20:02,080 Speaker 1: the assistant District, Attorney Rachel, ponk asked him about the identification. 407 00:20:02,240 --> 00:20:05,800 Speaker 3: Process she, said did you tell anybody from law enforcement 408 00:20:06,200 --> 00:20:08,840 Speaker 3: that it Was Ivory dorsey who done this before they 409 00:20:08,840 --> 00:20:09,760 Speaker 3: showed you the picture of? 410 00:20:09,840 --> 00:20:12,160 Speaker 2: Him or after they showed him the? Picture and he said, 411 00:20:12,200 --> 00:20:13,159 Speaker 2: after IF. 412 00:20:13,000 --> 00:20:15,080 Speaker 3: I had to show you a picture of someone before 413 00:20:15,119 --> 00:20:16,880 Speaker 3: you said was, them that's not your coming. 414 00:20:16,920 --> 00:20:17,720 Speaker 2: Forward you never. 415 00:20:17,600 --> 00:20:20,920 Speaker 1: Knew who it, was especially when he'd Known ivory for many. 416 00:20:21,040 --> 00:20:23,680 Speaker 1: Years and it appears that this pattern. 417 00:20:23,720 --> 00:20:26,199 Speaker 3: Continued he would say one minute that they, like what 418 00:20:26,280 --> 00:20:28,399 Speaker 3: did you see when the door? Open he'll say chrome 419 00:20:28,520 --> 00:20:31,000 Speaker 3: gun or something like, that and then she'll switch it 420 00:20:31,080 --> 00:20:33,399 Speaker 3: up and, then, oh, NA i saw a pump shotgun 421 00:20:33,480 --> 00:20:35,920 Speaker 3: to make LIKE i got the murder weapon and then 422 00:20:36,080 --> 00:20:38,840 Speaker 3: he said something about LIKE i was the shortest, guy 423 00:20:39,160 --> 00:20:41,880 Speaker 3: AND i was, LIKE i was six. Ones that's against 424 00:20:41,880 --> 00:20:44,800 Speaker 3: what the witness, said you, know like he was freestyling 425 00:20:45,080 --> 00:20:46,560 Speaker 3: and they was misleading him the whole. 426 00:20:46,600 --> 00:20:50,280 Speaker 1: Time but despite the issues with his, testimony it appears 427 00:20:50,320 --> 00:20:53,520 Speaker 1: to have Scared ivory's trial attorney into scrambling a last 428 00:20:53,560 --> 00:20:56,919 Speaker 1: minute alibi witness with the help Of ivory's friend and, 429 00:20:57,080 --> 00:20:58,080 Speaker 1: mentor Mister. 430 00:20:58,119 --> 00:21:02,160 Speaker 3: Perkins now he's, REALIZING I i guess that Am i'm 431 00:21:02,200 --> 00:21:04,160 Speaker 3: gonna send this man to prison for something he didn't. 432 00:21:04,200 --> 00:21:07,680 Speaker 3: Do and he's, like do you think, that Mister, perkinson. 433 00:21:07,440 --> 00:21:08,240 Speaker 2: Go get your son. 434 00:21:08,359 --> 00:21:10,919 Speaker 3: Mother SO i had talked to my son mother night 435 00:21:10,960 --> 00:21:14,000 Speaker 3: before and he went over there and nobody answered the, 436 00:21:14,000 --> 00:21:16,199 Speaker 3: door and he was, like, man the light was, ON 437 00:21:16,520 --> 00:21:17,639 Speaker 3: i heard THE tv playing the. 438 00:21:17,680 --> 00:21:20,720 Speaker 2: Number nobody came to the. Door so it's like. 439 00:21:20,800 --> 00:21:23,320 Speaker 3: WOW a couple years, LATER i didn't find out that 440 00:21:23,440 --> 00:21:26,320 Speaker 3: she was pregnant by another guy and she had a 441 00:21:26,320 --> 00:21:28,480 Speaker 3: baby that same day THAT i was going to. 442 00:21:28,480 --> 00:21:29,720 Speaker 2: Try that's why she wasn't. 443 00:21:29,720 --> 00:21:30,880 Speaker 1: There AND i. 444 00:21:30,840 --> 00:21:34,080 Speaker 4: Think the trial attorney realized after there was a guilty verdict. 445 00:21:34,080 --> 00:21:37,359 Speaker 4: Rendered and it's during the defense's closing remarks when the 446 00:21:37,359 --> 00:21:41,480 Speaker 4: trial attorney, admits and this is, verbatim the attorney, says 447 00:21:41,480 --> 00:21:43,720 Speaker 4: how easy it is to convict a young black. Man 448 00:21:43,760 --> 00:21:47,199 Speaker 4: it's just. Easy this is. Obscene this is obscene what you. 449 00:21:47,240 --> 00:21:49,920 Speaker 4: Did and it's Not ivory. Door she's. Fault it's. MINE 450 00:21:50,240 --> 00:21:52,680 Speaker 4: i had ten strikes and OBVIOUSLY i didn't use them 451 00:21:52,720 --> 00:21:54,760 Speaker 4: appropriately or properly in this. Case. 452 00:21:56,000 --> 00:21:58,560 Speaker 3: Man at that, Moment i'm talking to guard in my 453 00:21:58,640 --> 00:22:02,320 Speaker 3: head And i'm, LIKE i didn't even do. This is 454 00:22:02,320 --> 00:22:04,679 Speaker 3: it's somebody that you want me to. Meet DO i 455 00:22:04,720 --> 00:22:06,800 Speaker 3: supposed to go to the. Penitentiary it's something that you 456 00:22:06,840 --> 00:22:09,000 Speaker 3: want me to, do Because i'll. Go but you KNOW 457 00:22:09,040 --> 00:22:11,639 Speaker 3: i didn't do. This i'm innocent of. This AND i 458 00:22:11,680 --> 00:22:16,920 Speaker 3: heard this Scripture joshua one through. Nine he was, saying 459 00:22:16,960 --> 00:22:19,200 Speaker 3: don't be. Afraid i'll go with you. Wherever you know 460 00:22:19,200 --> 00:22:21,840 Speaker 3: What i'm, saying be strong and be very. Courageous i'm 461 00:22:21,840 --> 00:22:22,879 Speaker 3: gonna be with you wherever you. 462 00:22:22,960 --> 00:22:23,840 Speaker 2: Go that's WHAT i. 463 00:22:23,880 --> 00:22:25,840 Speaker 3: Heard and WHEN i got in the shower that, night 464 00:22:25,880 --> 00:22:29,560 Speaker 3: BUT i cried like twenty years for something THAT i didn't. 465 00:22:29,560 --> 00:22:47,439 Speaker 3: DO i didn't understand why all this was happening to. 466 00:22:47,480 --> 00:22:50,160 Speaker 3: Me you, know losing my mother at a young, age 467 00:22:50,560 --> 00:22:52,240 Speaker 3: trying to take care of my, sister trying to do 468 00:22:52,359 --> 00:22:54,600 Speaker 3: things like why did this guy get up there and 469 00:22:54,640 --> 00:22:56,560 Speaker 3: lie on? Me DID i hurt this guy in some 470 00:22:56,720 --> 00:22:57,200 Speaker 3: kind of way? 471 00:22:57,320 --> 00:22:57,800 Speaker 2: Intentionally? 472 00:22:57,840 --> 00:23:01,040 Speaker 3: UNKNOWINGLY i didn't know What i'm, saying and seeing him do, 473 00:23:01,160 --> 00:23:03,440 Speaker 3: that LIKE i, THOUGHT i was something THAT i wasn't 474 00:23:03,600 --> 00:23:05,200 Speaker 3: WHEN i first got locked up for this, BRO i 475 00:23:05,200 --> 00:23:05,600 Speaker 3: ain't gonna. 476 00:23:05,600 --> 00:23:08,200 Speaker 2: LIE i w wasn't strong like. This NOW i wanted 477 00:23:08,200 --> 00:23:08,520 Speaker 2: to commit. 478 00:23:08,600 --> 00:23:11,479 Speaker 3: SUICIDE i felt LIKE i had let my kids. DOWN 479 00:23:11,560 --> 00:23:13,560 Speaker 3: i had promised my kids THAT i would always be 480 00:23:13,640 --> 00:23:15,920 Speaker 3: there for them BECAUSE i didn't have a, daddy you 481 00:23:15,960 --> 00:23:18,520 Speaker 3: know What i'm. Saying AND i promised them, like, man 482 00:23:18,560 --> 00:23:20,800 Speaker 3: if anything happened to, ME i want y'all always to 483 00:23:20,840 --> 00:23:22,880 Speaker 3: take care of each other and be with each. Other they, 484 00:23:22,960 --> 00:23:26,439 Speaker 3: separated we all. SEPARATED i wouldn't seeing them and stuff like. 485 00:23:26,480 --> 00:23:28,520 Speaker 3: That and that's when time started really getting to. ME 486 00:23:28,520 --> 00:23:31,040 Speaker 3: i wouldn't seeing my, people AND i love hard, MAN 487 00:23:31,080 --> 00:23:33,400 Speaker 3: i love my, people you know What i'm. Saying reality kicked. 488 00:23:33,440 --> 00:23:35,399 Speaker 3: IN i had to get on my, knees could just be, 489 00:23:35,440 --> 00:23:38,159 Speaker 3: grateful just. SURVIVE i started drawing, them you, know and 490 00:23:38,200 --> 00:23:40,480 Speaker 3: the music and stuff like. That that became my cell. 491 00:23:40,560 --> 00:23:43,480 Speaker 3: THERAPY i had to rely on the, real livey. DOORS 492 00:23:43,520 --> 00:23:45,840 Speaker 3: i had to go back to being myself WHEN i 493 00:23:45,880 --> 00:23:47,760 Speaker 3: was a kid AND i used to draw those, pictures 494 00:23:48,200 --> 00:23:50,240 Speaker 3: and that stuff started coming back to. Me, Man that's 495 00:23:50,280 --> 00:23:53,000 Speaker 3: what helped me get through this. TIME i started cutting 496 00:23:53,040 --> 00:23:55,520 Speaker 3: hair and just vibing with different. People now was showing 497 00:23:55,560 --> 00:23:58,080 Speaker 3: me how to go to the law, library how to do, 498 00:23:58,200 --> 00:24:01,080 Speaker 3: research how to work on the. Lot and that's When 499 00:24:01,080 --> 00:24:03,600 Speaker 3: god started introducing me to people, inside like a guy 500 00:24:03,680 --> 00:24:04,200 Speaker 3: Named Danny. 501 00:24:04,200 --> 00:24:07,679 Speaker 1: Anderson in addition to guys Like, Danny ivory wrote to 502 00:24:07,800 --> 00:24:11,679 Speaker 1: many attorneys and innocence organizations and received support from The 503 00:24:11,680 --> 00:24:14,280 Speaker 1: Texas Innocence, project who reached out To Xavier. 504 00:24:14,320 --> 00:24:17,800 Speaker 3: Stevenson and before, THAT i had a dream That Exavier 505 00:24:17,840 --> 00:24:20,440 Speaker 3: stevenson he had came on the same UNIT i was. 506 00:24:20,520 --> 00:24:22,679 Speaker 3: On he's, like what are you doing? Here AND i, 507 00:24:22,720 --> 00:24:24,680 Speaker 3: say may you know that cell phone you tried to sell? 508 00:24:24,760 --> 00:24:26,680 Speaker 3: Me and he, said don't worry about. IT i got 509 00:24:26,720 --> 00:24:29,040 Speaker 3: you AND i woke up in a cold. Switch that's 510 00:24:29,040 --> 00:24:30,560 Speaker 3: WHEN i got The Alpha davis from. 511 00:24:30,600 --> 00:24:34,280 Speaker 1: Him by this, Time xavier's defense team was able to 512 00:24:34,320 --> 00:24:36,119 Speaker 1: get his death sentence thrown out he. 513 00:24:36,119 --> 00:24:40,400 Speaker 4: Had an intellectual. Disability he was charged with murdering two 514 00:24:40,440 --> 00:24:43,679 Speaker 4: people over ten cents in a convenience. Store so the 515 00:24:43,760 --> 00:24:46,520 Speaker 4: courts ruled that it would be violating his right that 516 00:24:46,600 --> 00:24:49,240 Speaker 4: prevents against cron unusual punishment if he was put to, 517 00:24:49,280 --> 00:24:52,359 Speaker 4: death and so his sentence was commuted to. Life he 518 00:24:52,520 --> 00:24:54,560 Speaker 4: is pro eligible in twenty forty. 519 00:24:54,520 --> 00:24:58,159 Speaker 1: And in direct conflict with that, Objective xavier wrote an 520 00:24:58,160 --> 00:24:59,600 Speaker 1: affidavit Supporting ivory. 521 00:24:59,720 --> 00:25:02,760 Speaker 3: Edis when he found out THAT i was incarcerated for 522 00:25:02,840 --> 00:25:05,760 Speaker 3: something that he had, done he does The. AFFIDAVID i 523 00:25:05,800 --> 00:25:09,919 Speaker 3: Think september twenty. TWELVE i get the Affid. David Immediately i'm, like, 524 00:25:10,000 --> 00:25:12,960 Speaker 3: Wow i'm finna ask for evidentier HERE i KNEW i 525 00:25:13,000 --> 00:25:13,480 Speaker 3: was finna go. 526 00:25:13,520 --> 00:25:15,119 Speaker 2: Home you know What i'm. Saying it's twenty. 527 00:25:15,119 --> 00:25:17,720 Speaker 3: Twelve we talked about twelve years, ago thirteen years, ago 528 00:25:17,880 --> 00:25:20,040 Speaker 3: AND i was talking to this guy Named Larry. Brown 529 00:25:20,040 --> 00:25:22,280 Speaker 3: because Now i'm on a different unit From, DANNY i 530 00:25:22,400 --> 00:25:24,960 Speaker 3: reach out To danny and we found out That danny's 531 00:25:24,960 --> 00:25:28,359 Speaker 3: Did i'm, like, Wow so REMEMBER i just got a 532 00:25:28,359 --> 00:25:32,159 Speaker 3: whole rit done By Danny anderson twenty seven grounds that 533 00:25:32,200 --> 00:25:34,919 Speaker 3: he found in the. Case that's how bad it. Was 534 00:25:35,280 --> 00:25:37,080 Speaker 3: And larry was, like how you gonna do. That you're 535 00:25:37,080 --> 00:25:39,320 Speaker 3: gonna do? ACT i, say Because i'm actually. Innocent and 536 00:25:39,359 --> 00:25:41,480 Speaker 3: it was, Like, okay you can do, that but you 537 00:25:41,520 --> 00:25:42,400 Speaker 3: can't file all the. 538 00:25:42,400 --> 00:25:45,720 Speaker 1: Grounds his Friend Larry brown advised him to will down 539 00:25:45,760 --> 00:25:49,480 Speaker 1: the filing to his eight strongest constitutional claims to pair 540 00:25:49,600 --> 00:25:52,560 Speaker 1: with his actual innocence claim and newly discovered. 541 00:25:52,600 --> 00:25:56,760 Speaker 3: EVIDENCE i filed it in twenty. Fifteen when you file something, 542 00:25:56,760 --> 00:25:59,960 Speaker 3: good they gonna delay. You when you file something, bad 543 00:26:00,160 --> 00:26:00,760 Speaker 3: they gonna deny. 544 00:26:00,840 --> 00:26:03,080 Speaker 2: You. Man they got so many ways to just tell you, 545 00:26:03,119 --> 00:26:05,520 Speaker 2: KNOW i wrote the judge this, LEFT i asked. 546 00:26:05,600 --> 00:26:07,240 Speaker 3: THEM i, said up from the bottom of my, Heart, 547 00:26:07,280 --> 00:26:09,680 Speaker 3: MAN i put everything on my mother's, GRAVE i, said. 548 00:26:09,680 --> 00:26:10,359 Speaker 2: MAN i told the. 549 00:26:10,440 --> 00:26:12,760 Speaker 3: JUDGE i, say, man, LOOK i don't even care about 550 00:26:12,800 --> 00:26:13,639 Speaker 3: no money or none of. 551 00:26:13,640 --> 00:26:15,720 Speaker 2: That you know What i'm. Saying it was this out For. 552 00:26:15,840 --> 00:26:17,760 Speaker 2: Davis please just let me go. 553 00:26:17,800 --> 00:26:19,800 Speaker 3: Home SO i could save my son from coming to 554 00:26:19,840 --> 00:26:22,199 Speaker 3: the penitential of getting killed on the streets Of. HOUSTON 555 00:26:22,440 --> 00:26:24,440 Speaker 3: i just want to go home SO i can finish 556 00:26:24,560 --> 00:26:26,919 Speaker 3: raising my. Kids but they held that. 557 00:26:27,119 --> 00:26:31,040 Speaker 1: Rid deny or. Delay this went on until another friend 558 00:26:31,119 --> 00:26:34,080 Speaker 1: Named Steve morgan helped him get the evidentiary hearing that 559 00:26:34,160 --> 00:26:35,560 Speaker 1: he deserved A navy. 560 00:26:35,640 --> 00:26:38,240 Speaker 3: Seal he the one got me, back do the. Evidence you're. 561 00:26:38,440 --> 00:26:41,639 Speaker 3: Here they bench warmed me. Back they reset me like 562 00:26:41,720 --> 00:26:44,600 Speaker 3: twenty two. TIMES i wind up staying in the county 563 00:26:44,640 --> 00:26:47,760 Speaker 3: twenty two. Months they resetted me every, month and they 564 00:26:47,840 --> 00:26:51,480 Speaker 3: USED covid for an excuse like they always do to. 565 00:26:51,600 --> 00:26:54,159 Speaker 3: DELAY i finally got my day in. COURT i just 566 00:26:54,200 --> 00:26:57,000 Speaker 3: KNEW i was finna go. Home Exavier stevenson got up 567 00:26:57,000 --> 00:26:59,480 Speaker 3: there and exonerated, me really told the truth about. 568 00:26:59,480 --> 00:27:03,280 Speaker 4: Everything Mister stevenson went through very specific details of the 569 00:27:03,320 --> 00:27:05,760 Speaker 4: crime that you could not have known about if you weren't. 570 00:27:05,760 --> 00:27:08,000 Speaker 4: There he recalled that there were three cars in the, 571 00:27:08,080 --> 00:27:11,239 Speaker 4: driveway that there were nice rims in the, house and 572 00:27:11,560 --> 00:27:14,960 Speaker 4: this matches the police. Report he identified that there were 573 00:27:15,080 --> 00:27:18,639 Speaker 4: men in the kitchen clipping each other's. Hair he recalled 574 00:27:18,640 --> 00:27:21,040 Speaker 4: a pool table right in the front. Room he just 575 00:27:21,119 --> 00:27:23,040 Speaker 4: recalled things very. 576 00:27:23,080 --> 00:27:25,879 Speaker 3: Accurately they tried to cross him up and make like 577 00:27:25,960 --> 00:27:27,720 Speaker 3: he was lying and like he was doing me a. 578 00:27:27,760 --> 00:27:29,840 Speaker 2: Favor how you doing me a, favor Mister. 579 00:27:29,880 --> 00:27:33,160 Speaker 4: Stevenson he also filed a habeas write at the time 580 00:27:33,160 --> 00:27:36,000 Speaker 4: of the evident your, hearing he hadn't heard. Back he's 581 00:27:36,040 --> 00:27:38,680 Speaker 4: still eligible for. Parole he comes up For pearl and twenty. 582 00:27:38,720 --> 00:27:42,600 Speaker 4: Forty he had, children so if, anything he jeopardized himself 583 00:27:42,640 --> 00:27:43,080 Speaker 4: by coming. 584 00:27:43,119 --> 00:27:46,399 Speaker 2: Forward it was very. Emotional he broke down. Crying it 585 00:27:46,440 --> 00:27:47,880 Speaker 2: made me start crying BECAUSE. 586 00:27:47,640 --> 00:27:51,280 Speaker 3: I couldn't believe that it was steal people on Planet 587 00:27:51,320 --> 00:27:54,160 Speaker 3: earth that would tell the truth about something that they. 588 00:27:54,240 --> 00:27:56,960 Speaker 3: Did AND i mirre that a man would stand up 589 00:27:56,960 --> 00:27:59,840 Speaker 3: and take responsibility for his own. DESTINY i wouldn't let 590 00:27:59,880 --> 00:28:00,840 Speaker 3: no nobody go down for. 591 00:28:00,920 --> 00:28:01,000 Speaker 1: Me. 592 00:28:01,119 --> 00:28:03,320 Speaker 3: Man If i've done, SOMETHING i tell y'all done. It 593 00:28:03,440 --> 00:28:05,720 Speaker 3: AND i was, wondering, like why is the family not? 594 00:28:05,840 --> 00:28:08,560 Speaker 3: Here why the victim family not? Here like they should 595 00:28:08,560 --> 00:28:10,320 Speaker 3: have been there to hear. That his mother should have 596 00:28:10,320 --> 00:28:12,359 Speaker 3: been there to hear. That you know What i'm, saying 597 00:28:12,359 --> 00:28:30,159 Speaker 3: to get some type of, closure real. Talk, well the youngest, 598 00:28:30,200 --> 00:28:33,119 Speaker 3: son he feels like since his mother had passed AND 599 00:28:33,200 --> 00:28:35,440 Speaker 3: i had been, gone he had told me THAT i 600 00:28:35,520 --> 00:28:38,000 Speaker 3: really needs you out. Here when you think you're gonna get, 601 00:28:38,000 --> 00:28:39,560 Speaker 3: OUT i thought you was gonna win you a. Pill 602 00:28:39,880 --> 00:28:41,560 Speaker 3: AND i was trying to explain to him THAT i 603 00:28:41,600 --> 00:28:43,920 Speaker 3: am gonna win my, pill just speaking by. Faith just 604 00:28:43,960 --> 00:28:46,200 Speaker 3: bad with, Me, man just hold, On i'm. TRYING i 605 00:28:46,240 --> 00:28:48,120 Speaker 3: told him like. THIS i, Say, Man i'm in the 606 00:28:48,120 --> 00:28:50,400 Speaker 3: middle of a war AND i don't have no. GUN 607 00:28:50,520 --> 00:28:53,120 Speaker 3: i don't have no. Bullets i'm over here making bullets 608 00:28:53,640 --> 00:28:56,600 Speaker 3: and make an assault rifles to fight these. People BECAUSE 609 00:28:56,640 --> 00:28:59,160 Speaker 3: i don't have the. AMMUNITION i have to get in 610 00:28:59,240 --> 00:29:01,400 Speaker 3: these books AND i have to learn this and ask 611 00:29:01,520 --> 00:29:04,800 Speaker 3: questions BECAUSE i don't. Notice this is not my. Language 612 00:29:05,320 --> 00:29:07,440 Speaker 3: see you could thank you got so much game until 613 00:29:07,440 --> 00:29:08,320 Speaker 3: you go on in front of them. 614 00:29:08,400 --> 00:29:11,560 Speaker 2: Votes, well they've still been holding. It you know What i'm. 615 00:29:11,560 --> 00:29:14,680 Speaker 2: Saying they've just been delaying it, like never heard nothing back. 616 00:29:14,520 --> 00:29:20,720 Speaker 1: From it's really unbelievable when the actual assailment comes forward 617 00:29:21,080 --> 00:29:23,680 Speaker 1: and their response is just that they just want to 618 00:29:23,720 --> 00:29:26,920 Speaker 1: bury their heads in the. Sand but luckily are good 619 00:29:26,920 --> 00:29:31,520 Speaker 1: friends At, Georgiatown Mark howard and the one and Only Marty. Tankliffe, 620 00:29:31,600 --> 00:29:35,480 Speaker 1: well they're branching out to other college, campuses And princeton 621 00:29:35,600 --> 00:29:38,760 Speaker 1: agreed to offer their making an ex. Recourse in the 622 00:29:38,800 --> 00:29:41,720 Speaker 1: spring semester Of kennedy's senior year in. 623 00:29:41,720 --> 00:29:44,200 Speaker 4: High, SCHOOL i interned at The Ohio Innocence project and 624 00:29:44,320 --> 00:29:46,280 Speaker 4: was really blown away WHEN i met some of the 625 00:29:46,280 --> 00:29:49,560 Speaker 4: exoneries who talked about how they had been screwed by 626 00:29:49,640 --> 00:29:52,280 Speaker 4: the legal, system AND i spent all of colleges trying 627 00:29:52,320 --> 00:29:55,080 Speaker 4: to learn more about, it which is during the spring 628 00:29:55,200 --> 00:29:58,240 Speaker 4: semester of my senior years when this class was. Offered 629 00:29:58,600 --> 00:30:01,280 Speaker 4: it was a no. Brainer we were given four cases 630 00:30:01,280 --> 00:30:05,160 Speaker 4: to read, through And ivory stuck out immediately because the 631 00:30:05,240 --> 00:30:08,840 Speaker 4: case summary described that someone had come forward and, confessed 632 00:30:09,240 --> 00:30:12,360 Speaker 4: But ivory was still in, prison which not knowing anything 633 00:30:12,360 --> 00:30:14,959 Speaker 4: else about his. Case that's mind. Blowing and so with 634 00:30:15,000 --> 00:30:17,400 Speaker 4: one of our, professors we'd have calls and we'd go 635 00:30:17,480 --> 00:30:20,480 Speaker 4: over exactly what we were doing for the. Investigation we 636 00:30:20,520 --> 00:30:24,120 Speaker 4: all would, workshop so these would happen. Weekly we'd Update 637 00:30:24,160 --> 00:30:27,000 Speaker 4: ivory on who we spoke, to what we found through 638 00:30:27,040 --> 00:30:31,000 Speaker 4: going through the police, reports the trial, transcripts Which ivory 639 00:30:31,040 --> 00:30:33,240 Speaker 4: had not received at that. Point we were the first 640 00:30:33,240 --> 00:30:37,080 Speaker 4: people to Send ivory his files because he couldn't access. 641 00:30:37,120 --> 00:30:40,000 Speaker 4: Them So ivory was seeing this material for the first, 642 00:30:40,040 --> 00:30:43,280 Speaker 4: time and so we were all going through like, seeing 643 00:30:43,320 --> 00:30:46,280 Speaker 4: oh my, gosh on page like twenty, six line, seven 644 00:30:46,440 --> 00:30:48,560 Speaker 4: look at, this like look at what this person. Said 645 00:30:48,640 --> 00:30:52,680 Speaker 4: we had Visited houston. Twice both trips were interviewing. Witnesses 646 00:30:53,240 --> 00:30:56,560 Speaker 4: it was also Meeting ivory's family in, person because we 647 00:30:56,600 --> 00:30:59,320 Speaker 4: wanted to get to know the people who were imported 648 00:30:59,400 --> 00:31:02,840 Speaker 4: In ivory's life and help them connect with. Them it 649 00:31:02,920 --> 00:31:05,240 Speaker 4: was really just everything we worked on his, case but 650 00:31:05,320 --> 00:31:08,160 Speaker 4: it was more so making sure that he was fully set. 651 00:31:08,240 --> 00:31:12,600 Speaker 4: Up he was connected to people he hadn't been connected within, years. 652 00:31:12,280 --> 00:31:14,840 Speaker 1: And like so many of us in this, movement once 653 00:31:14,880 --> 00:31:16,720 Speaker 1: you see, it you just can't turn. 654 00:31:16,760 --> 00:31:19,120 Speaker 3: Away ken and them they did a little bit more 655 00:31:19,160 --> 00:31:21,440 Speaker 3: than what they told, You like they was sending us, books, 656 00:31:21,560 --> 00:31:23,760 Speaker 3: money making SURE i had something to. Eat they did 657 00:31:23,800 --> 00:31:26,360 Speaker 3: more than what they had. To they could have just 658 00:31:26,400 --> 00:31:28,920 Speaker 3: did just for a grade and moved, on but, no 659 00:31:29,080 --> 00:31:31,440 Speaker 3: they got. Involved they got in the foxhole with. Me 660 00:31:31,720 --> 00:31:33,240 Speaker 3: they became family man real. 661 00:31:33,360 --> 00:31:36,520 Speaker 4: Toe In may of twenty twenty three is WHEN i 662 00:31:36,640 --> 00:31:40,520 Speaker 4: graduated AND i started working, immediately and So ivory AND 663 00:31:40,520 --> 00:31:43,280 Speaker 4: i adjusted our call. Schedules we still worked on his 664 00:31:43,360 --> 00:31:47,720 Speaker 4: case and we shifted to, parole and so that was 665 00:31:47,760 --> 00:31:50,239 Speaker 4: WHEN i was working with two other, Students ben And, 666 00:31:50,280 --> 00:31:52,680 Speaker 4: carry and we all kind of worked on. It ivory 667 00:31:52,680 --> 00:31:57,680 Speaker 4: had all of his educational, Certificates we got over eleven 668 00:31:57,760 --> 00:32:01,160 Speaker 4: eleven to twelve letters of rec tracked down his childhood 669 00:32:01,200 --> 00:32:04,760 Speaker 4: pastor to write a letter of. Recommendation he got a 670 00:32:04,840 --> 00:32:09,440 Speaker 4: hold of his disciplinary record which had four non violent, 671 00:32:09,520 --> 00:32:13,000 Speaker 4: infractions with the latest infraction being like twenty, twelve and 672 00:32:13,040 --> 00:32:15,400 Speaker 4: it was like you were late to class because your 673 00:32:15,440 --> 00:32:19,000 Speaker 4: door was barricaded from. Something Just we put together a 674 00:32:19,000 --> 00:32:21,240 Speaker 4: pearl packet that ended up being one hundred and nine, 675 00:32:21,280 --> 00:32:26,080 Speaker 4: pages And ivory had an attorney from an innocence clinic 676 00:32:26,200 --> 00:32:29,400 Speaker 4: out Of Texas southern who stepped in to Represent ivory 677 00:32:29,480 --> 00:32:32,240 Speaker 4: during his parole. Hearing so that takes us Through december 678 00:32:32,240 --> 00:32:34,760 Speaker 4: of twenty twenty. Three ivery. One did you get the 679 00:32:34,800 --> 00:32:37,720 Speaker 4: official letter that you were a proof of? Parole? 680 00:32:38,240 --> 00:32:39,320 Speaker 2: Wow seven less. 681 00:32:39,400 --> 00:32:39,560 Speaker 3: Light. 682 00:32:40,040 --> 00:32:44,360 Speaker 4: YEAH i just remember refreshing the page that morning seeing 683 00:32:44,360 --> 00:32:46,960 Speaker 4: that you were, approved and THEN i Messaged ivory On 684 00:32:47,040 --> 00:32:50,240 Speaker 4: securists AND i said call me in all, caps which 685 00:32:50,280 --> 00:32:51,880 Speaker 4: is WHEN i was able to tell you that you 686 00:32:51,960 --> 00:32:52,960 Speaker 4: were approved for. 687 00:32:53,080 --> 00:32:54,560 Speaker 2: Parole, yeah AND i broke. 688 00:32:54,640 --> 00:32:56,720 Speaker 4: Down, yeah, yeah we both. 689 00:32:56,720 --> 00:32:59,440 Speaker 3: Did i've never been on parole because this is like 690 00:32:59,480 --> 00:33:02,040 Speaker 3: my first time really being IN, tdc So i'm asking 691 00:33:02,520 --> 00:33:05,360 Speaker 3: all the, inmates, like, hey what's this? All you got 692 00:33:05,360 --> 00:33:07,840 Speaker 3: to go to a rehabilitation. Thing so WHEN i got 693 00:33:07,840 --> 00:33:10,840 Speaker 3: to the, program my son was. There this is the 694 00:33:10,880 --> 00:33:12,560 Speaker 3: twelve year old that was at the house with me 695 00:33:12,600 --> 00:33:14,479 Speaker 3: that day WHEN i got. Arrested my ten and twelve year, 696 00:33:14,520 --> 00:33:16,640 Speaker 3: old but this was my oldest, son my, junior AND 697 00:33:16,720 --> 00:33:19,880 Speaker 3: i haven't seen him in eighteen. Years so WHEN i 698 00:33:19,880 --> 00:33:21,880 Speaker 3: get to the, UNIT i got a chance to hugg. Him, 699 00:33:21,960 --> 00:33:24,000 Speaker 3: man we sat there and talked for a, while and we, 700 00:33:24,200 --> 00:33:26,720 Speaker 3: vibe you know What i'm, saying just chopping it up 701 00:33:26,760 --> 00:33:30,560 Speaker 3: and everything by his, brother by his. Situation HOW i 702 00:33:30,600 --> 00:33:32,520 Speaker 3: wanted to see him on the outside so we could 703 00:33:32,560 --> 00:33:35,400 Speaker 3: sit down and have. DINNER i want to restore our 704 00:33:35,440 --> 00:33:37,840 Speaker 3: relationship with my kids and get everything going back. 705 00:33:37,840 --> 00:33:41,080 Speaker 2: Together just seeing my. Son and then it's crazy. 706 00:33:40,760 --> 00:33:44,720 Speaker 3: Because the drugs inside the system with the kids and, 707 00:33:44,720 --> 00:33:46,200 Speaker 3: stuff and now you know What i'm, saying that my 708 00:33:46,280 --> 00:33:49,719 Speaker 3: child eventually was doing this and it hurted, me AND 709 00:33:49,760 --> 00:33:52,280 Speaker 3: i was trying not to get into it with him 710 00:33:52,480 --> 00:33:54,440 Speaker 3: because it's at this time when you have to be a. 711 00:33:54,480 --> 00:33:56,600 Speaker 3: Father but Then i've been gone for eighteen, years so 712 00:33:56,640 --> 00:33:58,600 Speaker 3: AND i try to tell him, something it's like we 713 00:33:58,600 --> 00:33:59,680 Speaker 3: would bump heads with each. 714 00:33:59,680 --> 00:34:02,080 Speaker 2: Other BUT i was. HURT i had missed. 715 00:34:02,160 --> 00:34:05,440 Speaker 3: HIM i missed on trying to discipline, him AND i 716 00:34:05,480 --> 00:34:06,160 Speaker 3: couldn't tell him. 717 00:34:06,200 --> 00:34:07,720 Speaker 2: Nothing and he's back in cars of. 718 00:34:07,760 --> 00:34:11,600 Speaker 3: Raided he got out like about four months before me 719 00:34:11,880 --> 00:34:14,160 Speaker 3: and went back to the. County AND i wind up 720 00:34:14,200 --> 00:34:15,480 Speaker 3: getting Out february. 721 00:34:15,160 --> 00:34:17,960 Speaker 4: The, fifth and he went back. In was it the 722 00:34:18,040 --> 00:34:21,000 Speaker 4: day that you got out or was it was a 723 00:34:21,000 --> 00:34:22,239 Speaker 4: few days, Before. 724 00:34:22,040 --> 00:34:23,680 Speaker 2: Yeah violating his parole of. 725 00:34:23,840 --> 00:34:26,960 Speaker 3: Curfew AND i never got a chance to chop it 726 00:34:27,040 --> 00:34:27,759 Speaker 3: up with, him you know What i'm. 727 00:34:27,800 --> 00:34:28,399 Speaker 2: Saying in the free. 728 00:34:28,400 --> 00:34:30,239 Speaker 3: World AND i talked to him on the phone and 729 00:34:30,280 --> 00:34:32,200 Speaker 3: stuff like, that but, MAN i just don't get. IT 730 00:34:32,239 --> 00:34:34,160 Speaker 3: i love, him, Man and every TIME i call, Him i'm, 731 00:34:34,239 --> 00:34:36,400 Speaker 3: like just take care of. YOURSELF i just want to 732 00:34:36,440 --> 00:34:38,320 Speaker 3: see you out there and take care of my, grandbaby 733 00:34:38,360 --> 00:34:41,160 Speaker 3: which is his. Daughter she played, basketball she run. Track 734 00:34:41,280 --> 00:34:43,960 Speaker 3: smart little, girl need her. DAD i can't even go 735 00:34:44,040 --> 00:34:45,839 Speaker 3: to a game and see her play BECAUSE i can't 736 00:34:45,880 --> 00:34:47,920 Speaker 3: go To Harris. COUNTY i can't go see none of 737 00:34:47,960 --> 00:34:50,359 Speaker 3: my family In Harris. County you know What i'm. SAYING i, said, 738 00:34:50,400 --> 00:34:52,920 Speaker 3: WELL i just got to be. Grateful at LEAST i 739 00:34:52,960 --> 00:34:53,239 Speaker 3: Know i'm. 740 00:34:53,280 --> 00:34:58,040 Speaker 1: Gome we wish you nothing but the best on your 741 00:34:58,080 --> 00:35:01,600 Speaker 1: continued struggle to clear your. Name and as we're all 742 00:35:01,640 --> 00:35:06,920 Speaker 1: aware both that legal battle and even just, surviving nothing 743 00:35:06,960 --> 00:35:10,919 Speaker 1: comes for. Free And ivory is, working but he needs 744 00:35:10,960 --> 00:35:14,120 Speaker 1: more support than he can. Muster so we're going to 745 00:35:14,200 --> 00:35:17,440 Speaker 1: be linking his GoFundMe in the episode, description and we'll 746 00:35:17,440 --> 00:35:19,360 Speaker 1: follow his social. Media we're going to put in the 747 00:35:19,360 --> 00:35:22,279 Speaker 1: episode description so we can follow his progress and who, 748 00:35:22,320 --> 00:35:24,279 Speaker 1: knows maybe even get to hear some great. 749 00:35:24,360 --> 00:35:27,200 Speaker 3: MUSIC i want to release this song That i'm working. 750 00:35:27,239 --> 00:35:29,200 Speaker 3: On it's called it Was All just A. Dream i'm 751 00:35:29,200 --> 00:35:30,840 Speaker 3: coming from my. Mother he had it to my. FATHER 752 00:35:31,040 --> 00:35:32,799 Speaker 3: i want to release that For mama and all the 753 00:35:32,840 --> 00:35:35,800 Speaker 3: mothers in the, world grandmother's baby, mothers BECAUSE i lost 754 00:35:35,840 --> 00:35:38,319 Speaker 3: my son mother WHILE i was going. Too SO i 755 00:35:38,400 --> 00:35:40,520 Speaker 3: just want to dedicate this to the women man who have. 756 00:35:40,640 --> 00:35:43,680 Speaker 4: Children and then if social media is at Bring ivory. 757 00:35:43,400 --> 00:35:46,200 Speaker 1: Home so please scroll down and Support. Ivory and with, 758 00:35:46,320 --> 00:35:49,040 Speaker 1: that we're going to go to closing, arguments where first of, 759 00:35:49,040 --> 00:35:50,799 Speaker 1: ALL i want to thank each of you from the 760 00:35:50,800 --> 00:35:53,680 Speaker 1: bottom of my heart for being here closing. Arguments i'm 761 00:35:53,680 --> 00:35:55,759 Speaker 1: going to turn my microphone off and just kick back 762 00:35:55,760 --> 00:35:58,319 Speaker 1: in my chair and listen to anything else each of 763 00:35:58,360 --> 00:36:02,760 Speaker 1: you want to. Share, kennedy you started, off and then 764 00:36:02,960 --> 00:36:05,720 Speaker 1: when you're, done just hand the microphone off To ivory 765 00:36:05,960 --> 00:36:07,520 Speaker 1: and he'll take us off into the. 766 00:36:07,560 --> 00:36:11,120 Speaker 4: Sunset thank you so much for having us in giving 767 00:36:11,160 --> 00:36:14,160 Speaker 4: us the opportunity to share ivory story with the. World 768 00:36:14,719 --> 00:36:18,799 Speaker 4: it's as infuriating as it. Sounds there are as many 769 00:36:18,880 --> 00:36:21,560 Speaker 4: questions as you think there. Are we're still finding new 770 00:36:21,600 --> 00:36:24,560 Speaker 4: stuff every, day and while we've had the, OPPORTUNITY i 771 00:36:24,600 --> 00:36:27,920 Speaker 4: think to talk about the hallmarks of wrongful conviction that 772 00:36:27,960 --> 00:36:32,520 Speaker 4: are In ivory's, case the inconsistent eyewitness, testimony the ineffective 773 00:36:32,520 --> 00:36:35,959 Speaker 4: assistance of, counsel official misconduct throughout the trial and during 774 00:36:35,960 --> 00:36:38,840 Speaker 4: the appellate. Phase there were also a lot of smaller 775 00:36:38,880 --> 00:36:41,120 Speaker 4: injustices throughout the way That ivory had to deal, with 776 00:36:41,719 --> 00:36:44,640 Speaker 4: one of which being staying connected with. Family it's really 777 00:36:44,680 --> 00:36:47,720 Speaker 4: expensive and when you rely on those family and friends 778 00:36:47,880 --> 00:36:51,200 Speaker 4: to support you mentally and spiritually as well as to 779 00:36:51,200 --> 00:36:53,960 Speaker 4: help you fight for your, innocence it's really. Hard so 780 00:36:53,960 --> 00:36:57,960 Speaker 4: that was one just the challenges with. Parole ivory found 781 00:36:58,000 --> 00:37:00,600 Speaker 4: out that he was not being released until year after 782 00:37:00,640 --> 00:37:03,720 Speaker 4: he was given, parole and it was in the fall 783 00:37:04,000 --> 00:37:06,360 Speaker 4: that he was told he couldn't step foot In Harris, 784 00:37:06,400 --> 00:37:09,399 Speaker 4: county which is where his entire parole packet laid out 785 00:37:09,400 --> 00:37:13,840 Speaker 4: his reentry. Plan so just the challenges of parole as another. 786 00:37:13,880 --> 00:37:17,560 Speaker 4: Injustice he's. Faced the. Heat there's no ac Inside texas, 787 00:37:17,560 --> 00:37:20,319 Speaker 4: prisons And ivory can speak to how hot it was 788 00:37:20,320 --> 00:37:22,920 Speaker 4: throughout the. Summer that's why we were rushing to get 789 00:37:22,960 --> 00:37:25,360 Speaker 4: him released when we found out that he was approved In, 790 00:37:25,440 --> 00:37:28,800 Speaker 4: january so that he wouldn't have to spend another summer 791 00:37:28,840 --> 00:37:32,720 Speaker 4: inside Of texas. Prisons and the last Thing ivory worked 792 00:37:32,760 --> 00:37:35,160 Speaker 4: all throughout his, incarceration but he wasn't paid a. Cent 793 00:37:35,520 --> 00:37:38,759 Speaker 4: and so these are some of the injustices that he 794 00:37:38,840 --> 00:37:41,239 Speaker 4: also had to deal with that weren't part of his 795 00:37:41,400 --> 00:37:45,520 Speaker 4: fighting for his innocence per, se but just details to 796 00:37:46,120 --> 00:37:48,239 Speaker 4: keep in mind as there are other people fighting for their. 797 00:37:48,239 --> 00:37:52,000 Speaker 3: Innocence this injustice in this, world, man it's like a. 798 00:37:52,040 --> 00:37:54,759 Speaker 3: Disease it's not going to own my door, now but 799 00:37:54,840 --> 00:37:58,080 Speaker 3: tomorrow can be knocking on. Yodo there's no respective. PERSON 800 00:37:58,480 --> 00:38:00,400 Speaker 3: i don't care who he. Is it doesn't matter if 801 00:38:00,400 --> 00:38:03,520 Speaker 3: you black or. WHITE i got friends inside that's black and. 802 00:38:03,560 --> 00:38:07,120 Speaker 3: White That's meskins that's going through the same. Thing AND 803 00:38:07,160 --> 00:38:08,920 Speaker 3: i don't want to forget those, guys you know What i'm. 804 00:38:08,960 --> 00:38:11,880 Speaker 3: Saying AND i think this happened to me BECAUSE i 805 00:38:12,000 --> 00:38:14,520 Speaker 3: judged a. Man i'll never forget. IT i was sitting 806 00:38:14,520 --> 00:38:16,200 Speaker 3: on the couch Youre. No six AND i seen this 807 00:38:16,320 --> 00:38:18,759 Speaker 3: man on the news and they said he had raped these. 808 00:38:18,880 --> 00:38:20,959 Speaker 3: KIDS i don't even know this, man BUT. 809 00:38:20,880 --> 00:38:21,440 Speaker 2: I judged this. 810 00:38:21,520 --> 00:38:24,440 Speaker 3: Man god showed me that same man coming out in 811 00:38:24,440 --> 00:38:27,600 Speaker 3: two thousand and nine where he was exonerated BY, dna 812 00:38:27,719 --> 00:38:28,640 Speaker 3: and this TIME. 813 00:38:28,440 --> 00:38:28,799 Speaker 2: I was in. 814 00:38:28,880 --> 00:38:31,319 Speaker 3: Jail it made me look at life. Different, Man like 815 00:38:31,360 --> 00:38:33,120 Speaker 3: if you don't know, something shut your damn. 816 00:38:33,160 --> 00:38:36,319 Speaker 2: Mouth people don't. Understand it ain't gotta be, You it 817 00:38:36,360 --> 00:38:36,839 Speaker 2: can be your. 818 00:38:36,920 --> 00:38:39,520 Speaker 3: Kids Maybe god allowed me to go through this to 819 00:38:39,560 --> 00:38:42,200 Speaker 3: help somebody else out that's gonna go through this because 820 00:38:42,200 --> 00:38:44,000 Speaker 3: he told Me i'm bringing you out of your. Valley 821 00:38:44,200 --> 00:38:45,879 Speaker 3: but the other people that's gonna have to go through. 822 00:38:45,880 --> 00:38:50,160 Speaker 3: This this injustice is. Everywhere people keep ignoring it like 823 00:38:50,440 --> 00:38:53,200 Speaker 3: it doesn't, matter but we need to do something different for. 824 00:38:53,280 --> 00:38:55,040 Speaker 2: Real it's like. Cancer, man. 825 00:39:00,320 --> 00:39:02,960 Speaker 1: Thank you for listening to wrongful. Conviction you can listen 826 00:39:03,000 --> 00:39:05,359 Speaker 1: to this and all The lava For good podcasts one 827 00:39:05,400 --> 00:39:08,400 Speaker 1: week early and ad free by subscribing To lava For 828 00:39:08,440 --> 00:39:11,640 Speaker 1: Good plus On Apple. PODCASTS i want to thank our production, 829 00:39:11,760 --> 00:39:14,520 Speaker 1: Team Connor hall And Kathleen, fink as well as my 830 00:39:14,560 --> 00:39:18,280 Speaker 1: fellow executive Producers Jeff, Kempler Kevin, wartis And Jeff. Cleiber 831 00:39:18,360 --> 00:39:20,480 Speaker 1: the music in this production was supplied by three TIME 832 00:39:20,520 --> 00:39:23,600 Speaker 1: oscar nominated Composer Jay. Ralph be sure to follow us 833 00:39:23,640 --> 00:39:26,480 Speaker 1: across all social media platforms At lava For good and 834 00:39:26,760 --> 00:39:29,719 Speaker 1: At Wrongful. Conviction you can also follow me On instagram 835 00:39:29,760 --> 00:39:32,600 Speaker 1: At It's Jason. Flamm Wrongful conviction is a production Of 836 00:39:32,680 --> 00:39:36,120 Speaker 1: lava For Good podcasts and association With Signal Company Number. 837 00:39:36,120 --> 00:39:38,400 Speaker 2: One we have worked hard to ensure that all facts 838 00:39:38,440 --> 00:39:39,640 Speaker 2: reported in this show are. 839 00:39:39,719 --> 00:39:42,880 Speaker 1: Accurate the views and opinions expressed by the individuals featured 840 00:39:42,920 --> 00:39:45,279 Speaker 1: in this show are their own and do not necessarily 841 00:39:45,320 --> 00:39:47,399 Speaker 1: reflect those Of lava For good