WEBVTT - #520 Jason Flom with Ivery Dorsey 0:00:03.120 --> 0:00:06.160 On July tenth, nineteen ninety four, a group of armed 0:00:06.200 --> 0:00:11.559 men invaded and robbed a suburban Houston crack operation. Of 0:00:11.600 --> 0:00:14.640 the four occupants of the home, one claimed to have 0:00:14.760 --> 0:00:19.439 hit until the assailants left. One was fatally shot, while 0:00:19.440 --> 0:00:23.440 the other two were injured but managed to escape. One 0:00:23.480 --> 0:00:26.400 of the surviving victims described an assailant, but couldn't make 0:00:26.440 --> 0:00:30.960 an identification for twelve years, at which point he finally 0:00:31.000 --> 0:00:34.280 picked out the photo of Ivory Dorsey, a guy he'd 0:00:34.360 --> 0:00:38.440 known since middle school who definitely didn't fit his description, 0:00:39.080 --> 0:00:44.280 but Ivory was sentenced to twenty years. Anyway, this is 0:00:44.320 --> 0:00:53.600 wrongful conviction. You're listening to Wrongful Conviction. You can listen 0:00:53.640 --> 0:00:56.080 to this and all the Lava for Good podcasts one 0:00:56.080 --> 0:00:59.320 week early and ad free by subscribing to Lava for 0:00:59.400 --> 0:01:10.679 Good Plus on Apple Podcasts. Welcome back to Wrongful Conviction, 0:01:10.760 --> 0:01:13.319 where we've got a case out of Houston, Texas where 0:01:13.800 --> 0:01:18.440 our guest languished in prison for over a decade after 0:01:18.720 --> 0:01:24.520 the assailant came forward and claimed responsibility, and the record still, 0:01:24.600 --> 0:01:29.160 by the way, is uncorrected. But luckily I guess yeah, 0:01:29.280 --> 0:01:31.399 I mean, you could say that he's at least out 0:01:31.440 --> 0:01:35.640 on parole and so Ivory, thanks for joining us today. 0:01:35.880 --> 0:01:37.080 Thank you for having us too. 0:01:37.720 --> 0:01:41.399 And with him is a recent Princeton graduate, Kennedy Mattis, 0:01:41.480 --> 0:01:45.840 whose involvement began with the Making Xandery class, an undergraduate 0:01:45.959 --> 0:01:49.680 course that was originally started at Georgetown with our good 0:01:49.680 --> 0:01:53.200 friends Mark Howard and Marty Tankliffe. It's now spread to Princeton, 0:01:53.400 --> 0:01:57.120 while Kennedy is continuing on her own righteous path to 0:01:57.240 --> 0:02:00.640 Harvard Law. Yeah you heard that right, So we hope 0:02:00.680 --> 0:02:03.200 this is the first of many many visits. 0:02:03.280 --> 0:02:05.520 Kennedy, welcome, Thank you so much. 0:02:06.520 --> 0:02:09.720 Now, Ivery, you grew up in Houston, right, so tell 0:02:09.800 --> 0:02:10.399 us about that. 0:02:10.720 --> 0:02:13.280 My mother, she was a single black woman. My sister 0:02:13.440 --> 0:02:16.800 like was ten years younger than me. No dad, typical 0:02:16.840 --> 0:02:19.520 life going on in the ghetto. She was heavily into 0:02:19.560 --> 0:02:21.680 drugs bro She tried to go to work every day 0:02:21.720 --> 0:02:23.640 and still get high and have parties. 0:02:23.240 --> 0:02:23.919 On the weekend. 0:02:24.240 --> 0:02:25.880 I can remember when I was a kid, my mother 0:02:26.000 --> 0:02:28.440 was on hair run. My mother would leave certain days 0:02:28.520 --> 0:02:31.240 and be gone two three days and I would still 0:02:31.280 --> 0:02:33.560 fix my sister hair up, take her to school that 0:02:33.639 --> 0:02:35.160 I go to school. I'd be late every day for 0:02:35.240 --> 0:02:38.000 first period, and they started asking questions and stuff like that, 0:02:38.080 --> 0:02:40.000 and I just lie to them, tell them, yeah, we move. 0:02:40.520 --> 0:02:42.600 I got to catch two buses to school, you know 0:02:42.639 --> 0:02:44.200 what I'm saying. Because I didn't want to give my 0:02:44.200 --> 0:02:47.359 mother up because my worst fear was being separated. 0:02:47.200 --> 0:02:50.280 So they hadn't moved. They lived at the Villa Americana 0:02:50.320 --> 0:02:53.320 apartment complex, which was otherwise known as the Bricks, which 0:02:53.400 --> 0:02:57.280 was notorious for poverty, violence and the police misconduct that 0:02:57.280 --> 0:03:00.400 can plague an area like that. So he'd lie for 0:03:00.520 --> 0:03:02.200 his mom to keep them together. 0:03:02.680 --> 0:03:05.119 I just wanted to protect her. But I was a kid. 0:03:05.280 --> 0:03:06.960 All I wanted to do is play baseball at that 0:03:07.040 --> 0:03:10.600 time and do music. I love hip hop, jazz, R 0:03:10.639 --> 0:03:14.080 and B. You know what I'm saying, Blues, zodico. My 0:03:14.120 --> 0:03:17.200 grandmother she used to always play pop and blues and 0:03:17.240 --> 0:03:19.560 different stuff like that, so she was like my first DJ. 0:03:19.800 --> 0:03:22.960 And my grandfather ran a couple of clubs, so you know, 0:03:23.040 --> 0:03:25.760 they always had music banging in there and everything. But 0:03:25.919 --> 0:03:28.440 I was always around people playing records and I loved 0:03:28.440 --> 0:03:29.359 it that growing up. 0:03:29.680 --> 0:03:30.960 That was my go to place. 0:03:31.440 --> 0:03:34.239 Like when I was incarcerated, I drew, I wrote music, 0:03:34.480 --> 0:03:36.240 but that was my go to place to get away 0:03:36.240 --> 0:03:40.119 from the reality. But April the ninth, nineteen ninety three, 0:03:40.240 --> 0:03:42.920 my mother wind up down HIV Man bird. When I 0:03:42.960 --> 0:03:45.080 was like seventeen, I had to do what I had 0:03:45.080 --> 0:03:47.640 to do to survive. I started selling drugs. You know 0:03:47.680 --> 0:03:49.280 what I'm saying, take care of me and my sister. 0:03:49.640 --> 0:03:52.600 At this time, I'm like homeless. And if I had 0:03:52.600 --> 0:03:55.280 a little work, like we call drugs back then I 0:03:55.280 --> 0:03:57.240 would be able to proper stair somebody house and do 0:03:57.280 --> 0:03:59.120 a little traffic while I could make me some money. 0:03:59.520 --> 0:04:01.880 Between the his mother's death in the summer of ninety four, 0:04:01.960 --> 0:04:04.080 he had two sons, one with a young woman named 0:04:04.120 --> 0:04:06.560 Tamika Houston, and at that time they were staying at 0:04:06.560 --> 0:04:09.400 the home of Lafonda Henry, which is where they were 0:04:09.400 --> 0:04:12.360 on the night of July tenth, nineteen ninety four, when, 0:04:12.680 --> 0:04:16.200 unbeknownst to them, across town, a blue car pulled up 0:04:16.200 --> 0:04:19.119 to a suburban home that operated as a drug house. 0:04:19.520 --> 0:04:21.880 So that night at five four to two six here 0:04:21.880 --> 0:04:24.440 in Dell Street, there were four men in the house. 0:04:24.600 --> 0:04:28.680 There was the decedent, mister Charles Monroe. There were Clifford 0:04:28.720 --> 0:04:31.279 Tyler and Willie Williams, who were by the kitchen cutting 0:04:31.279 --> 0:04:34.520 each other's hair, and then there was Alton Brown who 0:04:34.520 --> 0:04:37.679 went by Bud and he was cleaning in a back room. 0:04:37.839 --> 0:04:41.720 Around eleven thirty, one of the neighbors, Cleveland Guite, heard 0:04:41.720 --> 0:04:44.240 the car doors slam, which woke come up, so he 0:04:44.279 --> 0:04:47.760 hooked outside. That's when four to six men break into 0:04:47.760 --> 0:04:49.880 the house. They kicked the door in and they start 0:04:49.880 --> 0:04:54.479 shooting immediately. Clifford Tyler and Willie Williams get hit with 0:04:54.640 --> 0:04:57.280 bullets while they run out the back door, but they 0:04:57.320 --> 0:05:01.719 live and Charles Monroe ends up downing from the gunshots. 0:05:02.279 --> 0:05:06.200 Alton Bud Brown hid in the closet while this was happening. 0:05:06.320 --> 0:05:08.760 His testimony is that he didn't see anything, but he 0:05:08.760 --> 0:05:11.800 heard these men ask Charles Monroe to show them where 0:05:11.800 --> 0:05:14.680 the drugs are. He takes them to the back room. 0:05:14.960 --> 0:05:17.880 Charles Monroe tussles the gun that's held by one of 0:05:17.920 --> 0:05:20.680 the men we later find out is mister Xavier Stevenson. 0:05:20.920 --> 0:05:23.120 While they tussle over the gun is when the gun 0:05:23.200 --> 0:05:28.360 goes off and that's how Charles Monroe is fatally shot. 0:05:27.880 --> 0:05:30.719 And the major blood spatter was in the back room 0:05:30.800 --> 0:05:34.680 of the house. But oddly Charles Monroe's body was found outside, 0:05:34.880 --> 0:05:37.760 which raises questions about Alton Bud Brown. 0:05:38.040 --> 0:05:41.120 If you look at the evidence, blood was all over 0:05:41.120 --> 0:05:43.360 the house and he was outside, so that showed you 0:05:43.480 --> 0:05:45.400 that Charles was trying to get some help. So that 0:05:45.480 --> 0:05:47.680 made me think that this guy was struggling and fighting 0:05:47.680 --> 0:05:50.960 for his life. And Bud, whatever his name is, I 0:05:51.000 --> 0:05:52.520 was wondering why he never Rander aid. 0:05:53.040 --> 0:05:56.599 To Ivory's point, there's still a lot of confusion and 0:05:56.839 --> 0:06:02.400 mystery around the exact incidents that place in Alton Bud Brown. 0:06:02.960 --> 0:06:06.040 He was interviewed the one time, I believe after the incident, 0:06:06.080 --> 0:06:09.040 and he wasn't called to testify at trial. 0:06:09.839 --> 0:06:12.640 He said what he had allegedly just heard and that 0:06:12.839 --> 0:06:15.919 he hadn't seen any of the assailants. And according to 0:06:16.040 --> 0:06:19.680 Xavier Stevenson's Affidavid, the arm group left with a camquarder, 0:06:19.800 --> 0:06:22.520 a police scanner, and a cell phone. 0:06:22.640 --> 0:06:25.279 The next day, a knock came at the door, probably 0:06:25.360 --> 0:06:27.920 around ten some because I never forget because Price's right 0:06:28.040 --> 0:06:30.560 was on and that's when the female friend that I 0:06:30.600 --> 0:06:32.919 was staying with, she answered the door and she was like, 0:06:33.000 --> 0:06:35.760 it's black. I went outside and holler led him whatever, 0:06:35.880 --> 0:06:38.080 and that's when an Xavier Stevens was trying to sell 0:06:38.120 --> 0:06:40.400 me the phone. So I was like, at work, that's 0:06:40.400 --> 0:06:42.000 the first thing I asked, when I should have asked 0:06:42.040 --> 0:06:45.359 where you got it from. I used the phone just 0:06:45.400 --> 0:06:47.040 to call the house to hear the house phone ring. 0:06:47.080 --> 0:06:48.800 I didn't know she was going to pick up the 0:06:48.839 --> 0:06:51.120 phone and work. I say what you want for and 0:06:51.160 --> 0:06:52.920 he was like twenty dollars? So I said where you 0:06:53.040 --> 0:06:54.760 get it from? So he was like, man, don't worry 0:06:54.760 --> 0:06:56.320 about all that, bro, Do you want it or not? 0:06:56.560 --> 0:06:59.200 And when his demeanor change, I was like, nah, I'm good. 0:06:59.320 --> 0:07:02.640 At that time, Comiskey had pulled up and he was 0:07:02.680 --> 0:07:04.760 asking to use the house phone because at that time 0:07:04.800 --> 0:07:07.760 we was hustling and we all had pages. So I 0:07:07.839 --> 0:07:10.160 was like, well, shit, he got a phone. He's trying 0:07:10.160 --> 0:07:11.040 to saill right now. 0:07:11.760 --> 0:07:15.240 Ivory's friend, Comiski Lockett, ended up using the cell phone too, 0:07:15.760 --> 0:07:19.840 and was also later allegedly identified by Clifford Tyler, a 0:07:19.920 --> 0:07:23.640 guy I renewed from middle school, but first Tyler identified 0:07:23.680 --> 0:07:24.160 no one. 0:07:24.440 --> 0:07:27.760 So when he was first interviewed, this was July eleventh, 0:07:27.880 --> 0:07:31.040 nineteen ninety four, post surgery, so immediately the day after 0:07:31.840 --> 0:07:34.760 his statement was that there were more than one suspect, 0:07:34.840 --> 0:07:38.000 but he only saw one. The one suspect he saw 0:07:38.360 --> 0:07:41.320 was the first man through the door. He thinks the 0:07:41.360 --> 0:07:44.320 first suspect said something similar to give it up prior 0:07:44.360 --> 0:07:47.320 to starting shooting, but the suspects were shooting before they 0:07:47.360 --> 0:07:51.600 had a chance to react. His initial description was a blackmail, 0:07:51.800 --> 0:07:53.600 short and skinny in his thirties. 0:07:53.840 --> 0:07:56.480 Yeah, I was nineteen years old, he said. The guy 0:07:56.600 --> 0:08:00.480 was short, a dog African male. I was already like six' to, 0:08:00.480 --> 0:08:03.320 one like brown, skin the same COLOR i am. Now 0:08:03.360 --> 0:08:05.200 they tried to make LIKE i was darker back. 0:08:05.240 --> 0:08:06.280 Then it was. 0:08:06.360 --> 0:08:08.520 Crazy now it just ain't, me. Man. 0:08:08.880 --> 0:08:11.160 LIKE a couple of days, later the female friend THAT 0:08:11.200 --> 0:08:13.360 i was staying, with she told me that a police call, 0:08:13.440 --> 0:08:15.360 here AND i say the police for? What you, Know 0:08:15.360 --> 0:08:16.960 i'm a drug, Dealer So i'm, like the hell the 0:08:16.960 --> 0:08:20.040 cops call her? For and she like, homicides something about 0:08:20.120 --> 0:08:22.760 a phone maybe that phone, dead old, boy trying to 0:08:22.760 --> 0:08:23.440 sell your dumb. 0:08:23.440 --> 0:08:27.920 Ass lafonda's home phone, record as well As ivory's, pager 0:08:28.040 --> 0:08:31.400 would prove that he was At lafonda's during the. Crime after, 0:08:31.440 --> 0:08:34.040 all that's how he made a, living right he'd get, 0:08:34.120 --> 0:08:37.600 paiged call back on the home phone and do. Business but, 0:08:38.440 --> 0:08:41.880 nevertheless the police must have been checking the cell phones, 0:08:41.920 --> 0:08:45.120 activity which led them to Call lafonda's home. 0:08:45.160 --> 0:08:48.000 PHONE i called the police station trying to see what 0:08:48.080 --> 0:08:50.040 the hell they was calling my house. For they was, 0:08:50.040 --> 0:08:52.720 like who are? You AND i was, Like Ivory dorser 0:08:52.800 --> 0:08:54.600 he called my house or such An it's like there 0:08:54.600 --> 0:08:56.800 was a murder of. Vegigation were trying to see who 0:08:56.920 --> 0:08:59.079 had the phone in because he tell us. ANYTHING i, say, 0:08:59.120 --> 0:09:00.640 Man i'm not trying to get him. Ned did you 0:09:00.720 --> 0:09:02.920 just say somebody got? Killed i'm trying to protect my. 0:09:02.960 --> 0:09:04.679 People i'm not finna get involved IN. Ned so he was, 0:09:04.720 --> 0:09:06.640 like can you come down to the. STATION i, say 0:09:06.640 --> 0:09:08.800 come down to the. Station you already got my. Address 0:09:08.800 --> 0:09:10.680 you come over here and high limit my whole family 0:09:10.720 --> 0:09:12.680 gonna be him my. Lawyer it was, like you don't 0:09:12.679 --> 0:09:14.280 need no. Lawyer we ain't trying to do all. That 0:09:14.400 --> 0:09:15.839 we just want to talk to you see if you 0:09:15.880 --> 0:09:17.720 know a couple of these guys that type of. Thing 0:09:18.320 --> 0:09:20.520 so he never, came never seen. 0:09:20.360 --> 0:09:24.679 Him and perhaps Since ivory wouldn't risk his and his 0:09:24.760 --> 0:09:28.480 family safety to further their, investigation they kept him in 0:09:28.559 --> 0:09:31.000 mind for a later date because this meant that he 0:09:31.080 --> 0:09:33.760 knew who had the cell phone. Right but he didn't 0:09:33.800 --> 0:09:36.640 hear any more about this investigation until over a year, 0:09:36.760 --> 0:09:39.280 later in which Time Clifford tyler viewed two. 0:09:39.400 --> 0:09:43.480 Lineups august twenty, fifth nineteen ninety, four the lead detective 0:09:43.520 --> 0:09:46.920 shows him a. Lineup that detective points to the guy 0:09:47.040 --> 0:09:49.679 in the second position and ask if he shot at, 0:09:49.720 --> 0:09:51.960 him to which Mister tyler responds that he never really 0:09:51.960 --> 0:09:55.360 got a good look at the. Suspects On august, eleventh 0:09:55.559 --> 0:09:58.920 nineteen ninety, five this is when Mister tyler's brought to 0:09:58.960 --> 0:10:04.080 the police Station Charles monroe's. Mother he was shown another photo. 0:10:04.120 --> 0:10:07.120 Lineup one of the photo lineups the lead, detective he, 0:10:07.160 --> 0:10:10.079 says point out the guy with the gold. Tooth and 0:10:10.200 --> 0:10:14.640 so that's when Mister tyler points To, kamiski Because comiski 0:10:14.920 --> 0:10:16.880 is a man from the neighborhood who had a gold 0:10:16.880 --> 0:10:19.640 tooth at the. Time he, says he's half, shirts Mister 0:10:19.760 --> 0:10:23.520 lockett half shirts not because it happened so, quickly so. 0:10:23.840 --> 0:10:28.480 It appears That, Kamisky lockett And ivory were their preferred. 0:10:28.520 --> 0:10:31.720 Suspects considering the statement that was produced about a week, 0:10:31.800 --> 0:10:34.560 earlier On august, seventh nineteen ninety, five with a woman 0:10:34.679 --> 0:10:37.880 Named Letitia henderson who was in jail facing her own. 0:10:38.000 --> 0:10:41.000 Charges so she said she was staying at a woman's. 0:10:41.600 --> 0:10:46.680 Apartment the woman Is, Squeaky Squeaky's ivory's. Aunt letitia said 0:10:46.760 --> 0:10:49.960 she couldn't provide a, day a, time she couldn't, remember 0:10:50.040 --> 0:10:52.120 but she just remembers being there one, time and she 0:10:52.120 --> 0:10:55.200 Said ivory was there, frequently and she Heard ivory in 0:10:55.240 --> 0:10:57.960 the back room with some other guys saying that he 0:10:58.040 --> 0:11:00.400 had hit a. Lick and she saw a lartch amount 0:11:00.440 --> 0:11:02.960 of money on the. Bed she saw a black, pistol 0:11:03.240 --> 0:11:05.400 and she said that she with another woman that she 0:11:05.520 --> 0:11:08.480 was incarcerated, with determined it had to have Been ivory 0:11:08.520 --> 0:11:11.840 who Killed monroe Because ivory always carried a mask and 0:11:11.880 --> 0:11:14.520 he drove the same blue cars one described by the. 0:11:14.520 --> 0:11:17.440 Neighbors they said that she said That's july to, tenth 0:11:17.480 --> 0:11:21.640 nineteen ninety. Four she was At squeaky. House Well squeaky was. 0:11:21.679 --> 0:11:25.679 Incarcerated she wind up getting locked Up december ninety three 0:11:25.800 --> 0:11:28.560 or something like, that writing Hot, chicks and they came 0:11:28.600 --> 0:11:31.600 and Vict us out the. House the constables did and 0:11:31.640 --> 0:11:33.960 they locked that door. Up nobody was in the. House july, 0:11:34.040 --> 0:11:34.840 tenth nineteen ninety. 0:11:34.880 --> 0:11:38.400 Four the police then Interviewed squeaky and that's When squeaky 0:11:38.440 --> 0:11:41.040 said she had never Seen Letitia henderson in her. 0:11:41.080 --> 0:11:43.839 Life, nevertheless they Visited ivory for the first. 0:11:43.840 --> 0:11:46.439 Time the investigators was asking, me do you know this? 0:11:46.559 --> 0:11:48.040 Guy do you know that? Guy i'm like. 0:11:48.080 --> 0:11:51.600 No when they mentioned to The fertiler name we had 0:11:51.600 --> 0:11:53.880 went to middle, school was like and their name. Familiar 0:11:54.120 --> 0:11:56.600 so WHEN i asked around the, neighborhood somebody, say, man that's, 0:11:56.640 --> 0:11:59.120 toughy AND i was, like, Toughy oh, SHIT i Know. 0:11:59.240 --> 0:12:00.920 Toughy he KNOW i ain't coming his. 0:12:00.960 --> 0:12:02.959 House i'm gonna just go high let him and ask 0:12:03.080 --> 0:12:05.200 him to go to the police station with. Me now 0:12:05.200 --> 0:12:07.120 do you THINK i would actually come in his, house 0:12:07.480 --> 0:12:10.360 kill his, friend shoot him and his other, homeboy and 0:12:10.440 --> 0:12:12.120 then come to him and ask him. 0:12:12.000 --> 0:12:12.720 To go to the police. 0:12:12.720 --> 0:12:16.280 Station now that doesn't sound. Likely so even with Seeing 0:12:16.320 --> 0:12:22.360 ivory in the, Flesh tyler wouldn't Corroborate Lutitia henderson's clearly false. 0:12:22.400 --> 0:12:26.640 Statement but, yet the state later claimed That tyler was 0:12:26.920 --> 0:12:28.200 just too scared to come. 0:12:28.240 --> 0:12:32.320 Forward the theory that prosecutors put forth that he was 0:12:32.360 --> 0:12:34.640 scared to come, forward scared to be able to, snitch 0:12:34.760 --> 0:12:38.080 is questionable because he cooperates with the police seven times 0:12:38.080 --> 0:12:40.560 throughout the twelve. Years one of the times was in 0:12:40.559 --> 0:12:42.839 two thousand and. One the police report says that he 0:12:42.880 --> 0:12:46.000 spoke to the lead, detective but we have no summary 0:12:46.240 --> 0:12:48.360 about what was said during that. 0:12:48.480 --> 0:12:51.920 Interview and then in two thousand and, Six Harris county 0:12:51.920 --> 0:12:55.600 began reopening cold cases and they Paid Clifford tyler another 0:12:55.720 --> 0:12:58.679 visit That, april and we're not sure, why but by 0:12:58.679 --> 0:13:00.520 this time it seems he was ready to. 0:13:00.559 --> 0:13:04.280 Cooperate his statement is that he could recall everything from 0:13:04.360 --> 0:13:07.880 nineteen ninety four like it happened, yesterday and that's when 0:13:08.360 --> 0:13:12.320 the lead detective made a photo. Spread Mister tyler pointed 0:13:12.360 --> 0:13:15.720 to the individual in the three, position which the police 0:13:15.760 --> 0:13:18.880 report says Is Aaron, brown and that's when Mister tyler 0:13:18.880 --> 0:13:20.280 says he's positive that he was. 0:13:20.320 --> 0:13:23.839 There Aaron brown is the brother of a previous guest 0:13:23.880 --> 0:13:26.920 on this, Show alfred D Wayne, brown who left a 0:13:26.960 --> 0:13:29.600 really powerful impression on. Me by the, way we'll link 0:13:29.840 --> 0:13:33.920 alfred interview in the episode. Description strangely though The browns 0:13:34.120 --> 0:13:38.160 And ivory all grew up in The Villa, Americana so 0:13:38.920 --> 0:13:43.359 maybe there's a pattern of policing in impoverished black. Neighborhoods 0:13:43.600 --> 0:13:47.160 certainly seems that way in this. One but either, way 0:13:47.320 --> 0:13:49.679 That Aaron brown idea was ignored and the police went 0:13:49.760 --> 0:13:53.840 back To Clifford. Tyler that may where he Id'd ivory And, 0:13:53.920 --> 0:13:57.679 camiski both of whom had contact with this drug house 0:13:57.720 --> 0:13:59.439 cell phone Through Xavier. 0:13:59.480 --> 0:14:02.160 Stevenson IF i did something like, This, hill why WOULD 0:14:02.200 --> 0:14:04.840 i even use the phone to call my phone? MAN 0:14:05.200 --> 0:14:08.400 i won't even took no damn cell. Phone xaviers had 0:14:08.400 --> 0:14:10.160 to be crazy to even do something like. That you 0:14:10.160 --> 0:14:13.640 know What i'm saying, now real toll. Man and by that, 0:14:13.800 --> 0:14:17.600 Time Exaviers stevenson wind up catching two murder cases behind 0:14:17.600 --> 0:14:20.480 a ten cent dispute in the, store so he wind 0:14:20.600 --> 0:14:21.280 up going on death. 0:14:21.400 --> 0:14:25.640 Row it seems that the police didn't know About, xavier 0:14:25.760 --> 0:14:30.280 but rather that this cell phone both led To ivory And, 0:14:30.400 --> 0:14:33.800 comiskey but that it also led to phone and pager 0:14:33.880 --> 0:14:37.080 records that would Prove ivory's. Innocence so how do they 0:14:37.160 --> 0:14:40.840 Used tyler's identification and ignore how they got To ivory 0:14:40.920 --> 0:14:43.920 in the first. Place the cell. Phone, well the police 0:14:43.920 --> 0:14:47.200 claimed that a man Named Kelton smith said That ivory 0:14:47.240 --> 0:14:50.560 had confessed to, him leading them back To Clifford, Tyler 0:14:50.640 --> 0:14:53.160 but the last recorded interaction With tyler was that. 0:14:53.440 --> 0:14:57.760 Spring now they said they talked To Kelter smith In? October, 0:14:57.840 --> 0:15:00.480 right how did he you go? Back this is not 0:15:00.560 --> 0:15:03.440 a time. Machine nobody never caught that, though BUT i. 0:15:03.480 --> 0:15:06.240 Did how'd you gonna talk to somebody In october and 0:15:06.280 --> 0:15:08.800 then say you go back from the new evidence that you, 0:15:08.920 --> 0:15:11.040 discovered you go back and go talk to? 0:15:11.120 --> 0:15:14.920 Him and may you can't, obviously but now they had 0:15:14.960 --> 0:15:18.000 a path to an indictment without mentioning the cell. 0:15:18.040 --> 0:15:23.040 Phone the charging instrument was filed On december, nineteenth two 0:15:23.120 --> 0:15:27.680 thousand and. Six it Lists Letitia, Henderson Clifford tyler his, 0:15:27.840 --> 0:15:32.120 lineup and Then Kelton, smith who testified and recanted a 0:15:32.160 --> 0:15:35.000 statement at. Trial but those three and not the, phone 0:15:35.000 --> 0:15:38.400 were sited in the charging instrument Against. Ivory ivery never 0:15:38.480 --> 0:15:42.440 had the opportunity to exercise his right to Question Letitia 0:15:42.480 --> 0:15:43.880 henderson since she was one of his. 0:15:43.960 --> 0:15:46.560 Accusers the case should have been dismissed because that's what 0:15:46.600 --> 0:15:48.120 they act. Like they had from the get. 0:15:48.120 --> 0:15:51.720 Go it wasn't That Letitia henderson was listed as a 0:15:51.800 --> 0:15:54.440 state's witness and didn't show. Up she wasn't even listed 0:15:54.480 --> 0:15:55.680 as a state. Witness. 0:15:55.920 --> 0:15:59.840 Wow so trial began In december two thousand and seven 0:16:00.200 --> 0:16:04.360 without Either letitia or the freaking cell, phone but rather 0:16:04.720 --> 0:16:06.800 the other surviving, Victim Willie. 0:16:06.800 --> 0:16:10.640 Williams and that's when he revealed to the jury that 0:16:10.720 --> 0:16:13.480 he had met with The District attorney at the time 0:16:13.560 --> 0:16:16.640 the night. Before so this was the night After varder 0:16:16.680 --> 0:16:19.640 In ivory's, case and when he arrived at the DA's, 0:16:19.680 --> 0:16:22.880 Office Clifford tyler was there and they had spoken about 0:16:22.880 --> 0:16:23.760 the case and bits and. 0:16:23.800 --> 0:16:26.840 Pieces Willie williams was sitting in there with THE dja 0:16:27.200 --> 0:16:30.680 corroborating their. Statement but the interesting thing about Mister, williams 0:16:30.720 --> 0:16:32.960 like he told the, Truth like this man was not 0:16:32.960 --> 0:16:34.560 one of the mans that came to my house that, 0:16:34.720 --> 0:16:38.720 night but the police he'll be like he tentively ideed, 0:16:38.840 --> 0:16:41.320 him just saying stuff like, that and it was all a. 0:16:41.400 --> 0:16:43.880 Lie the man, SAID i never seen his man. Before he, 0:16:43.880 --> 0:16:46.440 said he's seen a Dark African american male and he's 0:16:46.480 --> 0:16:49.560 seen a Bright African american male that was like high. 0:16:49.680 --> 0:16:52.280 Yellow you know What i'm, Saying i'm neither one of. 0:16:52.320 --> 0:16:55.280 Them So Willie williams was more of a defense, witness 0:16:55.520 --> 0:16:58.880 as Was Calton, smith who they claimed had Heard ivory. 0:16:58.960 --> 0:17:02.360 Confess basically was telling him like, this what you said 0:17:02.440 --> 0:17:04.600 on this Affid? Davis he, said you may HAVE Affi, 0:17:04.680 --> 0:17:07.919 davis BUT i have assigned. Anything so he just told the. 0:17:07.960 --> 0:17:10.439 Truth like me and him never had a conversation about 0:17:10.440 --> 0:17:14.040 me telling him THAT i killed white. Boy he told, me, say, 0:17:14.040 --> 0:17:16.040 MAN i don't even talk like, that Like i'm running 0:17:16.040 --> 0:17:18.240 around the neighborhood of Saying i'll kill somebody or. Something 0:17:18.600 --> 0:17:21.120 he said that they threatened him if he didn't say 0:17:21.119 --> 0:17:23.320 what they wanted him to, say he won't gonna go 0:17:23.359 --> 0:17:23.639 home this. 0:17:23.800 --> 0:17:28.600 Family Kelton smith's testimony was first On december, eleventh so 0:17:28.800 --> 0:17:31.640 that night is when the district attorney at the time 0:17:32.000 --> 0:17:35.040 saw him and threatened. Him and then it's On december 0:17:35.080 --> 0:17:37.760 twelfth that he, SAYS i was. Intimidated they said THAT 0:17:37.800 --> 0:17:41.000 i wouldn't see my daughters IF i changed my testimony 0:17:41.040 --> 0:17:43.280 When i'm supposed to be released In. May and then 0:17:43.320 --> 0:17:45.800 that's when the district attorney was trying to get him 0:17:45.800 --> 0:17:48.320 to go into how much bigger he is than, her 0:17:48.359 --> 0:17:51.320 and how could she possibly be intimidating to? Him and 0:17:51.359 --> 0:17:54.680 that's when he mentioned he, Said i'm not intimidated, physically 0:17:54.760 --> 0:17:56.840 but when you're a part of the system and you 0:17:56.960 --> 0:17:59.960 threatened to prevent me from seeing my, daughters THAN i am. 0:18:00.040 --> 0:18:04.359 Intimidated Kelton smith was the last unintentional defense. Witness but 0:18:04.480 --> 0:18:07.760 it seems Like ivory's attorney didn't prepare or even mount 0:18:07.800 --> 0:18:08.600 a defense of his. 0:18:08.680 --> 0:18:11.440 Own he didn't talk to none of THE da. Witnesses 0:18:11.480 --> 0:18:13.960 he never talked to none of my. Witnesses and he'll 0:18:13.960 --> 0:18:16.399 tell them someone they can, understand even A. Celton he was, 0:18:16.480 --> 0:18:18.560 like did you ever talk to me or? 0:18:18.640 --> 0:18:19.160 Anybody? 0:18:19.680 --> 0:18:22.560 No did anybody promise you your statement for your such? 0:18:22.560 --> 0:18:25.760 Initiinate he was, like, no never seen, him never talked to. 0:18:25.800 --> 0:18:29.800 Anybody ivory's attorney declined to make an opening. Statement there 0:18:29.840 --> 0:18:33.320 were no defense witnesses during the guilt and innocence phase 0:18:33.320 --> 0:18:37.120 of this. Trial there's just questions of Whether ivory really 0:18:37.160 --> 0:18:38.960 had effective assistance of. 0:18:39.000 --> 0:18:43.000 Counsel it certainly seems that. Way i've retold him about 0:18:43.000 --> 0:18:46.000 the phone records and begged him to Subpoena Xavier. 0:18:46.040 --> 0:18:49.080 Stevenson BUT i told my, lawyer, hey, man you need 0:18:49.119 --> 0:18:51.800 to subpoena this, guy like along with my alibi, witnesses 0:18:51.800 --> 0:18:54.080 BECAUSE i could prove THAT i was somewhere. Else so 0:18:54.240 --> 0:18:56.280 my lawyers he always told me the case was, weak 0:18:56.359 --> 0:18:58.440 AND i was trying to build a defense for. Myself 0:18:58.840 --> 0:19:00.240 but he was always, saying. 0:19:00.200 --> 0:19:01.240 Man you're innocent to proven. 0:19:01.280 --> 0:19:04.200 Guilty everybody knows that's a, lie especially when you're a black. 0:19:04.280 --> 0:19:06.960 Man you not innocent to prove, guilty not In Harrison. 0:19:07.000 --> 0:19:09.840 County so all it took Was Clifford, tyler who they 0:19:09.880 --> 0:19:13.160 claimed to overcome a fear of reprisal to Identify ivory 0:19:13.240 --> 0:19:16.400 after twelve, years a fear that they tried to support 0:19:16.480 --> 0:19:19.680 by talking about When ivory had reached out to him 0:19:19.680 --> 0:19:20.480 in nineteen eighty. 0:19:20.480 --> 0:19:23.000 Five he even mentioned this on the stand THAT i 0:19:23.119 --> 0:19:25.640 was at the flea market AND i was by. Myself 0:19:26.040 --> 0:19:27.880 he was with his, cousin he was with his, brother 0:19:28.040 --> 0:19:30.639 he was with his, homeboy AND i was asking you 0:19:30.720 --> 0:19:32.880 to go to the police station with. Me that's why 0:19:32.880 --> 0:19:34.439 my lawyer was, like, well it seemed like he was 0:19:34.440 --> 0:19:36.439 trying to clear his, name and he, said what did you? 0:19:36.520 --> 0:19:38.359 Say he, SAID i didn't want to see. HIM i 0:19:38.359 --> 0:19:39.800 didn't want to talk to. HIM i just want to 0:19:39.800 --> 0:19:42.400 sat in the. Car, now that's a. Lie we didn't 0:19:42.440 --> 0:19:44.760 have no beef with each. OTHER i never knew that 0:19:44.840 --> 0:19:47.120