WEBVTT - #234 Jason Flom with Tyrone Noling

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<v Speaker 1>In nineteen ninety, eighteen year old Tyrone Noling lived with

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<v Speaker 1>friends whose ages ranged from fourteen to twenty in Alliance, Ohio.

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<v Speaker 1>With no real adult supervision or resources, The boys engaged

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<v Speaker 1>in several minor robberies, including one where Tyrone had accidentally

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<v Speaker 1>fired a stolen twenty five caliber pistol into the floor

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<v Speaker 1>and no one was hurt. The young men were arrested

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<v Speaker 1>and Tyrone and his friend Gary Saint Clair pled guilty

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<v Speaker 1>around that same time. One county away, in Atwater, Ohio,

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<v Speaker 1>on April fifth, nineteen ninety, Bernhardt and Cora Harding were

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<v Speaker 1>shot to death in their home with a twenty five

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<v Speaker 1>caliber gun. The sheriff's office immediately had several leads, including

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<v Speaker 1>Tyrone and his friends, but after ballistics testing showed that

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<v Speaker 1>Tyrone's twenty five caliber gun was not a match to

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<v Speaker 1>the murder weapon, and with no other physical evidence or

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<v Speaker 1>eyewitness accounts, Tyrone and his friends were dismissed as suspects. Nevertheless,

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<v Speaker 1>when the investigation failed to nail the other more viable suspects,

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<v Speaker 1>investigators turned back to Tyrone and his friends, who were

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<v Speaker 1>coerced into turning on one another by lies about non

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<v Speaker 1>existent evidence and the real threat of the death penalty.

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<v Speaker 1>His friends Joey Dallasandro, Butch Walcott and Gary Saint Clair

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<v Speaker 1>agreed to tout the false narrative in which Tyrone and

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<v Speaker 1>Gary Saint Clair murdered the Hardings testimony they all later recanted. However,

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<v Speaker 1>without knowledge of the much more likely suspects, and only

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<v Speaker 1>presented with the false testimonies, the jury sent Tyrone to

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<v Speaker 1>death row, from where he and the Ohioanists Project continue

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<v Speaker 1>to fight to clear his name to this very day.

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<v Speaker 1>This is wrongful conviction. Welcome back to wrongful conviction. This

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<v Speaker 1>is a hard one even for me, because this is

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<v Speaker 1>one of the most twisted, entangled, nonsensical and I'm gonna

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<v Speaker 1>say evil, wrongful convictions that I know of. And of

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<v Speaker 1>course I'm referring to the case of Tyrone Noling. Tyrone

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<v Speaker 1>has been on death row in Ohio for over thirty years,

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<v Speaker 1>where he remains to this day and with us today

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<v Speaker 1>to talk about the case. Is a man who knows

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<v Speaker 1>it like the back of his hand. Brian how Brian

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<v Speaker 1>is an attorney with the Ohio Innocence Project. So, Brian,

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<v Speaker 1>I'm glad you're here. But Jesus, this is gonna be

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<v Speaker 1>a tough one. Thanks Jason and Tyrone. I'm so glad

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<v Speaker 1>you're here with us today, even though I'm so very

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<v Speaker 1>sorry because of the reason why you're here and even

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<v Speaker 1>more so because of where you are. Thank you So, Tyrone,

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<v Speaker 1>let's start by going back before everything that's happened. What

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<v Speaker 1>was your life like growing up?

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<v Speaker 2>I grew up in a small town outside of kant

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<v Speaker 2>Ohio in Star County called Alliance. I grew up in

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<v Speaker 2>a one parent home with four other siblings, and my

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<v Speaker 2>childhood was like any other childhood. Did sports, went to school,

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<v Speaker 2>and as I got older, I got in a little trouble,

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<v Speaker 2>but for the most part, life at home was pretty good.

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<v Speaker 2>Turned eighteen and pretty much found myself on my own,

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<v Speaker 2>just hanging out with a group of friends that I.

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<v Speaker 3>Had grew up with.

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<v Speaker 1>And the group of friends that you mentioned here. You're

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<v Speaker 1>talking about Johnny Trandafer, Gary Saint Clair and Joseph Alasandra

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<v Speaker 1>and Butch Walcott, and the latter three all play a

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<v Speaker 1>part in this wrongful conviction. Now, you all were staying

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<v Speaker 1>together in the same house, right.

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<v Speaker 2>Yeah, I didn't really know Butch Wilcock. I grew up

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<v Speaker 2>with Gary Saint Clair and Joey Dallas Sandro. We lived

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<v Speaker 2>pretty much in the same neighborhood and knew each other

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<v Speaker 2>since kindergarten. Gary's stepdad had an accident and the house

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<v Speaker 2>became vacant, so we all just started congregating there.

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<v Speaker 3>We were just hanging out. We were doing dumb stuff,

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<v Speaker 3>you know, Bot pizza Chase.

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<v Speaker 1>Girl was stayed up late and Brian, I want to

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<v Speaker 1>bring you back in here. So, like Tyrone says, he

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<v Speaker 1>was getting into some trouble, which is what leads to

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<v Speaker 1>the connection with this crime.

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<v Speaker 4>Right sure, I mean the reason that Tyrone was on

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<v Speaker 4>the radar of investigators was that there were two burglaries

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<v Speaker 4>that happened the next county over that Tyrone was ultimately

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<v Speaker 4>arrested for I'm pleaded guilty to. And those robberies were

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<v Speaker 4>what made him a target in the Harding murder investigation

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<v Speaker 4>to begin with.

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<v Speaker 1>Right, Tyrone and the other young men were involved in

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<v Speaker 1>some burglaries, and in one he did have a gun

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<v Speaker 1>that they got from another robbery, and the gun went

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<v Speaker 1>off accidentally and shot directly into the floor. But Tyrone

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<v Speaker 1>made sure that no one was hurt before running away.

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<v Speaker 1>I mean, this is not a guy who was out

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<v Speaker 1>to hurt anyone. He was definitely doing some very dumb things,

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<v Speaker 1>but not a violent and he was arrested for those robberies,

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<v Speaker 1>pled guilty, and ended up serving time in prison. And

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<v Speaker 1>that leads us up to this crime, which happens faithfully

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<v Speaker 1>around the same time. I'm talking about April fifth, nineteen ninety,

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<v Speaker 1>which is when Bernhardt and Cora Harding, both eighty one

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<v Speaker 1>years old, were shot to death in their own home.

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<v Speaker 1>From the look of things, they had been doing some

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<v Speaker 1>spring cleaning and they were shot while sitting at their

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<v Speaker 1>dining room table. This isn't at Water, Ohio, which is

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<v Speaker 1>a rural town in Portage County.

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<v Speaker 4>And if you don't know at Water, Ohio, it's almost

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<v Speaker 4>a stretch to call it a town. The people who

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<v Speaker 4>live within a square mile of this you could count

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<v Speaker 4>on your hands.

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<v Speaker 1>So let me set the stage. Saturday, April seventh, nineteen ninety,

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<v Speaker 1>at six fifteen pm, Chief Detective Dwayne Cayley was notified

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<v Speaker 1>by dispatcher Kathy Rabino that Jim Rabino had called and

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<v Speaker 1>reported that there were two people laying on the kitchen

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<v Speaker 1>floor at the neighbor's house. Jim's mother, who had lived

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<v Speaker 1>next door to the Heartigs for thirty years, asked him

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<v Speaker 1>to go check on them when she noticed their garage

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<v Speaker 1>had been open with the lawnmower outside for almost three days.

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<v Speaker 1>There was no answer when he knocked on the door,

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<v Speaker 1>and their car was in the garage. He looked inside

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<v Speaker 1>and saw the Heardgs laying on the kitchen floor. Now

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<v Speaker 1>ten twenty five caliber shellcases were found on the floor

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<v Speaker 1>of the Hartig home. Papers from the living room desk

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<v Speaker 1>were scattered around the room. Dresser drawers and jewelry boxes

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<v Speaker 1>were open and had been rifled through. At this point,

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<v Speaker 1>Detective Kayley reported that there didn't seem to be any

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<v Speaker 1>signs of struggle from the victims. Mister Hardigs wallet was

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<v Speaker 1>in his pocket and the money was still inside, so

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<v Speaker 1>there was no force entry found in the house, and

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<v Speaker 1>it seemed as if there had been at least one

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<v Speaker 1>other person sitting at the kitchen table. You want to

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<v Speaker 1>take it from here, because this gets weirder and weirder.

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<v Speaker 4>Sure, so, it's not a usual occurrence in at Water,

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<v Speaker 4>Ohio to have a double murder, especially eighty plus year

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<v Speaker 4>old victims, and so the Sheriff's department began investigating one

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<v Speaker 4>of the first leads that they had, and this is

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<v Speaker 4>even as they are processing the scene, they get a

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<v Speaker 4>call from a roller rink, maybe a couple of miles away,

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<v Speaker 4>and there is a person there saying that he lost

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<v Speaker 4>a twenty five caliber pistol there on Friday night. He

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<v Speaker 4>was looking for it, trying to see if anyone had

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<v Speaker 4>turned it in. He was worried that some kids were

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<v Speaker 4>going to find it. And the person is a man

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<v Speaker 4>named Dennis van Steinberg who lived.

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<v Speaker 3>In the area.

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<v Speaker 4>Police investigate that, but while they're doing that, leads are

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<v Speaker 4>sort of pouring in. Right, this is a big deal

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<v Speaker 4>in the county, it's a big deal in the city.

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<v Speaker 4>One of the tips that they get again almost right away,

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<v Speaker 4>is from a high school student named Nathan Chesley, and

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<v Speaker 4>he says that my foster brother told me that he

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<v Speaker 4>was the person who had killed the Heartiggs and so

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<v Speaker 4>police are investigating that lead as well.

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<v Speaker 1>Okay, so right off the bat, they have some pretty

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<v Speaker 1>strong leads here, right, So what's going on with the

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<v Speaker 1>first guy, Dennis van Steinberg.

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<v Speaker 4>They go talk to him. He says, well, yes, I

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<v Speaker 4>did have a twenty five. I don't know where it went.

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<v Speaker 4>It must have fallen out of my car or something

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<v Speaker 4>like that around the time of the murders. He said

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<v Speaker 4>he had found it. So the police check the pistol

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<v Speaker 4>to the ballistics of the rounds were covered from the

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<v Speaker 4>scene and it's not a match. And so at that

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<v Speaker 4>point the investigation into van Steinberg sort of fades away.

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<v Speaker 4>In the meantime, a police have followed up on Nathan

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<v Speaker 4>Chesley's tip. They go to his house, which is a

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<v Speaker 4>woman who had fostered a lot of sort of troubled

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<v Speaker 4>teens in the area. It's less than a mile and

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<v Speaker 4>a half from the scene, and you remember, there's not

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<v Speaker 4>a lot of people who live as close as Nathan

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<v Speaker 4>Chesley did to the victims in this case, and so

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<v Speaker 4>the police ask whether there's a foster brother around who

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<v Speaker 4>they can interview, and they're told there's a foster brother.

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<v Speaker 4>He's only fourteen years old, and they eliminate this foster

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<v Speaker 4>brother pretty quickly. In the meantime, they also get a

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<v Speaker 4>tip from the neighboring county, Stark County. Stark County has

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<v Speaker 4>been investigating a series of break in where a group

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<v Speaker 4>of teenagers has been going to various houses saying my

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<v Speaker 4>car broke down and I'd like to use your telephone.

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<v Speaker 4>When they're let inside the house, they then produce a

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<v Speaker 4>shotgun and it turns out to be a fake thirty

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<v Speaker 4>eight caliber revolver, and they take various valuables VCRs, jewelry,

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<v Speaker 4>things like that, and that turns out to be Tyrone

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<v Speaker 4>Noling and his co defendants. So Tyrone is arrested with

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<v Speaker 4>this code defendants and they find a twenty five caliber gun,

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<v Speaker 4>so now it's very interesting to the Porche County authorities.

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<v Speaker 4>They test that one for ballistics and it turns out

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<v Speaker 4>that it does not match the one that was used

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<v Speaker 4>in the crime.

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<v Speaker 1>I mean, there's no getting around that. So at this

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<v Speaker 1>point the Sheriff no Oh is that these guys, Tyrone

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<v Speaker 1>and his friends are not involved in the murders.

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<v Speaker 4>So at that point the investigation sort of stalls out

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<v Speaker 4>for about a year. The detectives are facing pressure, they

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<v Speaker 4>come up with another lead. This time they talk to

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<v Speaker 4>the Hardiggs doctor doctor canone. The week before the bodies

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<v Speaker 4>were found, mister Hardigg told doctor Canon that he had

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<v Speaker 4>lent ten thousand dollars to an insurance salesman that the

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<v Speaker 4>insurance salesman had failed to pay. When the loan had

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<v Speaker 4>come due on April first, that something fishy was going

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<v Speaker 4>on with this loan and with the insurance salesman explanation

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<v Speaker 4>for why I refused to pay, and as soon as

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<v Speaker 4>he got off the phone with doctor Canone, he was

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<v Speaker 4>going to go sort this out with the insurance salesman.

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<v Speaker 4>The police start to look at insurance salesmen that the

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<v Speaker 4>Heartiggs had dealt with. Then they find a man named

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<v Speaker 4>Lewis Leman. Lewis Leman denies having taken out alone, but

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<v Speaker 4>he was the insurance salesman for the Heartiggs. And what's more,

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<v Speaker 4>he had a twenty five caliber pistol as well. Unlike

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<v Speaker 4>the other two pistols that the police have compared, they're

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<v Speaker 4>able to look up the make and model and see

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<v Speaker 4>that the pistol Leeman had was consistent with the general

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<v Speaker 4>rifling characteristics of the rounds that were found in the house.

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<v Speaker 4>They asked Leman where his twenty five cal pistol was.

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<v Speaker 4>He said, well, I must have sold it. I don't

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<v Speaker 4>remember who bought it, I don't remember when I sold it,

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<v Speaker 4>and I'm done answering questions from you all. He refused

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<v Speaker 4>to take a lot of detector test and basically stopped

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<v Speaker 4>talking to detectives, and at that point the investigation had

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<v Speaker 4>basically completely stalled out.

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<v Speaker 1>So this lead with Lehman, I mean, if this was

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<v Speaker 1>a movie script, you'd say that this is it was

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<v Speaker 1>too obvious. Right. What I'm trying to wrap my head

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<v Speaker 1>around here is this sounds like the investigators are just

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<v Speaker 1>bungling this at every stage and we haven't even gotten

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<v Speaker 1>to one of the craziest leads, and that is this guy,

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<v Speaker 1>Dan Wilson.

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<v Speaker 4>That's right, Dan Wilson is arrested for a murder a

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<v Speaker 4>few counties over in northern Ohio. Dan had gotten drunk,

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<v Speaker 4>put a young woman that he'd met earlier that night

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<v Speaker 4>in the trunk of his car, and set the car

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<v Speaker 4>on fire. This was very big news, and law enforcement

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<v Speaker 4>across northeast Ohio started looking at Dan for basically every

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<v Speaker 4>unsolved murder that they had that included the Portis County

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<v Speaker 4>Sheriff's Department. When they did that, they discovered something about

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<v Speaker 4>Dan Wilson that they'd missed earlier, and that is that

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<v Speaker 4>he was a foster brother of Nathan Chesney, the very

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<v Speaker 4>kid who came to them the day after the murder

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<v Speaker 4>and said, my foster brother confessed to that when the

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<v Speaker 4>detectives followed up on that, they never interviewed Nathan Chesley

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<v Speaker 4>and eliminated the wrong foster brother. They never connected the

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<v Speaker 4>dots to Dan Wilson, they never bothered to interview Nathan Chesley,

0:12:51.640 --> 0:12:55.000
<v Speaker 4>and so Dan Wilson, who lived within a mile of

0:12:55.040 --> 0:12:58.960
<v Speaker 4>the house and who police now believe is a serial killer,

0:12:59.679 --> 0:13:02.800
<v Speaker 4>was owing to them almost immediately after the murder, and

0:13:03.280 --> 0:13:04.960
<v Speaker 4>they let it slip through their fingers. He went on

0:13:05.000 --> 0:13:25.720
<v Speaker 4>to kill another woman. You know, at the very least,

0:13:25.760 --> 0:13:27.880
<v Speaker 4>I think it must have been embarrassing to the office

0:13:27.960 --> 0:13:31.360
<v Speaker 4>that they had this tip within days of the murder,

0:13:31.760 --> 0:13:34.600
<v Speaker 4>and they didn't realize their mistake until Dan Wilson had

0:13:34.600 --> 0:13:37.839
<v Speaker 4>committed another very high profile murder. Right at the same

0:13:37.920 --> 0:13:41.120
<v Speaker 4>time that that's happening. Someone gets a called from a

0:13:41.160 --> 0:13:44.760
<v Speaker 4>woman named Marlene van Steinberg. She is, I believe the

0:13:44.800 --> 0:13:47.800
<v Speaker 4>aunt of Dennis van Steinberg, again, who was the very

0:13:47.840 --> 0:13:49.960
<v Speaker 4>first person who they'd looked at and who they eliminated

0:13:50.000 --> 0:13:53.240
<v Speaker 4>after he turned into his weapon. Well, Marlene says that

0:13:53.800 --> 0:13:58.160
<v Speaker 4>in those first days of the investigation, Dennis's father had

0:13:58.200 --> 0:14:01.559
<v Speaker 4>come over to their house and asked his brother who

0:14:01.600 --> 0:14:05.320
<v Speaker 4>is Marlene's husband if he could borrow his twenty five

0:14:05.600 --> 0:14:09.679
<v Speaker 4>caliber pistol for a few weeks. And when Richard van

0:14:09.720 --> 0:14:12.120
<v Speaker 4>Steinberg asked, why do you need my twenty five, the

0:14:12.200 --> 0:14:15.480
<v Speaker 4>response was, well, Dennis had to get rid of his

0:14:15.880 --> 0:14:18.360
<v Speaker 4>because he was in some sort of trouble with the

0:14:18.360 --> 0:14:21.960
<v Speaker 4>police and he needed a different one to give the police,

0:14:22.680 --> 0:14:26.600
<v Speaker 4>and so they ultimately gave it to him, and that

0:14:26.840 --> 0:14:29.280
<v Speaker 4>was the weapon that was turned into the police and eliminated.

0:14:29.560 --> 0:14:32.360
<v Speaker 4>What's more, Marlene says that she called the police to

0:14:32.440 --> 0:14:36.280
<v Speaker 4>tell them this during that original investigation, So the police

0:14:36.320 --> 0:14:39.600
<v Speaker 4>should have been on notice that Dennis van Steinberg is

0:14:39.640 --> 0:14:44.680
<v Speaker 4>turning in the wrong gun for comparison purposes, and they

0:14:44.720 --> 0:14:49.200
<v Speaker 4>still eliminated van Steinberg as a suspect. So those two

0:14:49.480 --> 0:14:52.400
<v Speaker 4>things are happening right back to back. Dan Wilson comes

0:14:52.400 --> 0:14:55.280
<v Speaker 4>to light, and it comes to light that they basically

0:14:55.720 --> 0:14:58.840
<v Speaker 4>wasted a ballistic comparison on what they should have known

0:14:58.920 --> 0:15:00.960
<v Speaker 4>was the wrong gun, Dennis van Steinberg.

0:15:01.640 --> 0:15:05.480
<v Speaker 1>So we have these incredibly powerful leads that should have

0:15:05.600 --> 0:15:08.000
<v Speaker 1>led them not towards but away from those four boys,

0:15:08.000 --> 0:15:10.880
<v Speaker 1>because there's no connection between these nefarious characters and the

0:15:10.920 --> 0:15:12.960
<v Speaker 1>four kids. What happens next.

0:15:13.280 --> 0:15:17.120
<v Speaker 4>So that is when the Porridge County Prosecuting Attorney's office

0:15:17.320 --> 0:15:20.800
<v Speaker 4>takes over the investigation and they assigned their own investigator

0:15:20.840 --> 0:15:23.240
<v Speaker 4>to the case, a man named Ron Craig.

0:15:24.080 --> 0:15:28.120
<v Speaker 1>Yes, Ron Craig, let's not skip over this character. From

0:15:28.120 --> 0:15:34.640
<v Speaker 1>my understanding, he was known for his extremely aggressive interrogation techniques,

0:15:35.240 --> 0:15:39.240
<v Speaker 1>for playing fast and loose with the rules in order

0:15:39.320 --> 0:15:41.600
<v Speaker 1>to get results that he wanted.

0:15:41.720 --> 0:15:42.200
<v Speaker 3>That's right.

0:15:42.520 --> 0:15:46.360
<v Speaker 4>Ron Craig was a person who the prosecuting Attorney's office

0:15:46.400 --> 0:15:51.600
<v Speaker 4>turned to who could crack this case open through aggressive

0:15:51.880 --> 0:15:55.760
<v Speaker 4>interrogation get results. That is what he was known for

0:15:55.920 --> 0:15:58.680
<v Speaker 4>at that time. If you look at where the investigation

0:15:58.920 --> 0:16:01.640
<v Speaker 4>was when they took it over, Dan Wilson at that

0:16:01.680 --> 0:16:04.320
<v Speaker 4>time was under indictment for murder. You could not interview

0:16:04.360 --> 0:16:07.400
<v Speaker 4>him without an attorney. Lewis Lehman at that point was

0:16:07.880 --> 0:16:10.880
<v Speaker 4>not cooperating. He had gotten an attorney as well. Maybe

0:16:10.920 --> 0:16:14.800
<v Speaker 4>the most logical place for Ron Craig to go was

0:16:14.880 --> 0:16:17.400
<v Speaker 4>back to these other four kids who had also been

0:16:17.440 --> 0:16:21.480
<v Speaker 4>eliminated through ballistics and try to see what he could

0:16:21.520 --> 0:16:25.000
<v Speaker 4>do in terms of interrogating them. And so he started

0:16:25.120 --> 0:16:29.080
<v Speaker 4>with Butch Walcott, who was sixteen years old at the time.

0:16:30.120 --> 0:16:33.520
<v Speaker 1>Yeah, and this part it gets more and more disturbing

0:16:33.680 --> 0:16:37.720
<v Speaker 1>because they took these four young kids, and with the

0:16:37.880 --> 0:16:40.920
<v Speaker 1>very real threat of the death penalty, they were able

0:16:41.040 --> 0:16:45.320
<v Speaker 1>to scare these kids and brow beat them into saying

0:16:45.400 --> 0:16:49.400
<v Speaker 1>things that they knew weren't true because they weren't there

0:16:49.400 --> 0:16:52.440
<v Speaker 1>and they didn't know anything. And basically, as in other

0:16:52.600 --> 0:16:56.080
<v Speaker 1>false confession cases or false eyewitness cases that we've seen

0:16:56.080 --> 0:16:59.080
<v Speaker 1>over and over again, they were fed the information by

0:16:59.120 --> 0:17:02.720
<v Speaker 1>the police and then they were given basically a Sophie's choice.

0:17:02.720 --> 0:17:05.800
<v Speaker 1>Either you lie and implicate your friends, or we are

0:17:05.840 --> 0:17:08.879
<v Speaker 1>going to send you to death row. Right, am I missing?

0:17:08.920 --> 0:17:11.359
<v Speaker 4>I say no, and I mean for Butch. If you

0:17:11.480 --> 0:17:14.520
<v Speaker 4>read the series of interrogations and statements that he makes,

0:17:14.720 --> 0:17:17.920
<v Speaker 4>at least my impression is that he was terrified, and

0:17:17.960 --> 0:17:20.520
<v Speaker 4>it's clear as he's just trying to do his best.

0:17:21.119 --> 0:17:24.320
<v Speaker 4>He continues to insist he wasn't there, He had nothing

0:17:24.320 --> 0:17:26.560
<v Speaker 4>to do with this. He tells them everything they want

0:17:26.600 --> 0:17:29.119
<v Speaker 4>to know about the two robberies that happened in Stark County,

0:17:29.480 --> 0:17:32.159
<v Speaker 4>but he says, we never went to Fordage County, we

0:17:32.240 --> 0:17:34.680
<v Speaker 4>never went out to Atwater. He doesn't know where it is,

0:17:35.400 --> 0:17:38.520
<v Speaker 4>and that's not an answer that ron Craig is going

0:17:38.560 --> 0:17:41.920
<v Speaker 4>to accept. So what they do is they send him

0:17:41.960 --> 0:17:46.919
<v Speaker 4>to a child psychologist who then puts Butch, the sixteen

0:17:47.000 --> 0:17:50.080
<v Speaker 4>year old kid, under hypnosis in order to recover what

0:17:50.280 --> 0:17:55.040
<v Speaker 4>they allege are repressed memories of the murder. And so

0:17:55.280 --> 0:17:57.639
<v Speaker 4>under hypnosis, they would ask things like when did the

0:17:57.720 --> 0:18:00.480
<v Speaker 4>murder take place? And Butch would say, well, it was

0:18:00.480 --> 0:18:02.639
<v Speaker 4>not quite dark, but it was not quite light. I

0:18:02.680 --> 0:18:05.040
<v Speaker 4>don't know, maybe somewhere in between. I just don't remember.

0:18:05.560 --> 0:18:07.679
<v Speaker 4>And he would give answers like that to every question,

0:18:07.840 --> 0:18:10.760
<v Speaker 4>and even these psychologists at the time that if we

0:18:10.960 --> 0:18:13.600
<v Speaker 4>keep this up, he's just going to say false things

0:18:13.640 --> 0:18:16.840
<v Speaker 4>to try and make the investigators happy because he's so terrified.

0:18:17.520 --> 0:18:18.800
<v Speaker 4>But it didn't stop.

0:18:18.560 --> 0:18:21.199
<v Speaker 1>It, right, And I want to also mention that this

0:18:21.359 --> 0:18:25.199
<v Speaker 1>detective ron Craig made sure to separate Butch from his father.

0:18:25.560 --> 0:18:30.040
<v Speaker 1>This detective pressured young Butch Walcott relentlessly lying directly to

0:18:30.080 --> 0:18:33.000
<v Speaker 1>the kid. That's right, that he had hard evidence implicating him,

0:18:33.000 --> 0:18:35.879
<v Speaker 1>including a witness and DNA matches, right, so you know,

0:18:35.920 --> 0:18:37.919
<v Speaker 1>you can imagine what's going on in this poor kid's

0:18:37.920 --> 0:18:41.160
<v Speaker 1>brain where it's just getting completely scrambled. He's just giving

0:18:41.200 --> 0:18:44.159
<v Speaker 1>these answers that don't make any sense. And let us

0:18:44.200 --> 0:18:47.639
<v Speaker 1>not forget that the tape recorder was only turned on

0:18:48.040 --> 0:18:51.560
<v Speaker 1>when Walcott finally made statements that had been fed to

0:18:51.640 --> 0:18:55.080
<v Speaker 1>him that were consistent with what they wanted to hear. Right,

0:18:55.119 --> 0:18:58.879
<v Speaker 1>that was when he implicated the subject of our show today,

0:18:59.080 --> 0:19:02.919
<v Speaker 1>Tyrone noling. And then Craig turned to one of the

0:19:02.920 --> 0:19:06.360
<v Speaker 1>other kids, the Alessandro, who said he knew nothing about

0:19:06.400 --> 0:19:09.280
<v Speaker 1>the murders, but his own attorney convinced him and his

0:19:09.280 --> 0:19:11.840
<v Speaker 1>family that he should plead bargain to avoid the electric chair.

0:19:12.400 --> 0:19:15.000
<v Speaker 4>That's right, Yeah, I mean, once they can get Butch

0:19:15.200 --> 0:19:19.240
<v Speaker 4>Wolcott to come up with the story, the rest sort

0:19:19.240 --> 0:19:21.320
<v Speaker 4>of fall in line at that point. They don't need

0:19:21.359 --> 0:19:24.160
<v Speaker 4>to go any further. Tyrone's the main target, and he's

0:19:24.200 --> 0:19:28.120
<v Speaker 4>indicted for aggravated murder with capital specifications. Okay.

0:19:28.280 --> 0:19:30.880
<v Speaker 1>In addition to the other guys, Saint Clair pled guilty

0:19:30.920 --> 0:19:33.880
<v Speaker 1>to the Hartig murders as well. Right, he had given

0:19:33.960 --> 0:19:37.160
<v Speaker 1>into pressure from Detective Craig as well as his own

0:19:37.280 --> 0:19:42.360
<v Speaker 1>attorneys and his family, and he was understandably scared out

0:19:42.400 --> 0:19:45.639
<v Speaker 1>of his mind about the death penalty, and then Tyrone

0:19:45.680 --> 0:19:48.840
<v Speaker 1>Noling is indicted initially for the murders in nineteen ninety three.

0:19:49.200 --> 0:19:52.640
<v Speaker 1>But this is when things get even weirder. In June

0:19:52.720 --> 0:19:56.080
<v Speaker 1>nineteen ninety three, the court entered a nol pross, which

0:19:56.119 --> 0:20:00.400
<v Speaker 1>means that the prosecutor or plaintiffs states that they will

0:20:00.440 --> 0:20:04.119
<v Speaker 1>no longer pursue the matter, so they dismissed the case.

0:20:04.640 --> 0:20:07.720
<v Speaker 1>The whole thing should have wrapped up right there. That

0:20:07.760 --> 0:20:08.440
<v Speaker 1>should have been it.

0:20:08.760 --> 0:20:11.040
<v Speaker 4>Well, that's right, And the reason that the case was

0:20:11.080 --> 0:20:15.600
<v Speaker 4>initially dismissed was that almost as soon as they had

0:20:15.640 --> 0:20:19.439
<v Speaker 4>made the deals, both Joey Delassandro and Gary Saint Clair

0:20:19.560 --> 0:20:22.600
<v Speaker 4>started taking them back. You know, it's one thing under

0:20:22.600 --> 0:20:25.640
<v Speaker 4>a lot of pressure, under threats, with deals being offered,

0:20:25.920 --> 0:20:28.440
<v Speaker 4>to sort of agree to it in the abstract, under

0:20:28.480 --> 0:20:32.240
<v Speaker 4>that very immediate pressure. But as the court date actually approached,

0:20:32.560 --> 0:20:36.760
<v Speaker 4>Delessandro recanted, asserted their innocence, We had nothing to do

0:20:36.800 --> 0:20:40.080
<v Speaker 4>with this, and Gary Saint Clair recanted in a prison interview,

0:20:40.200 --> 0:20:43.119
<v Speaker 4>said we lied, we were pressured, we had nothing to

0:20:43.160 --> 0:20:44.960
<v Speaker 4>do with this. And at that point I think the

0:20:45.000 --> 0:20:47.960
<v Speaker 4>state had no choice but to gree to dismiss the case.

0:20:48.560 --> 0:20:52.200
<v Speaker 1>And Tyrone this all has to be so crazy because

0:20:52.200 --> 0:20:54.400
<v Speaker 1>you have your friends and these guys you've known most

0:20:54.400 --> 0:20:57.160
<v Speaker 1>of your life saying things about this crime that you

0:20:57.240 --> 0:21:00.480
<v Speaker 1>know you weren't a part of, but you're indicted for it.

0:21:00.960 --> 0:21:03.440
<v Speaker 1>And then they dropped the charges.

0:21:03.720 --> 0:21:06.000
<v Speaker 2>You know, when they dropped charges against me, I didn't

0:21:06.000 --> 0:21:08.760
<v Speaker 2>see it coming. They offered a deal. I took a

0:21:08.800 --> 0:21:11.840
<v Speaker 2>lot detector test and it was placed on the prosecutor's

0:21:11.920 --> 0:21:16.119
<v Speaker 2>desk on that Friday. By Monday, they were rushing me

0:21:16.160 --> 0:21:18.440
<v Speaker 2>in the back of a courtroom with a judge saying,

0:21:18.440 --> 0:21:20.560
<v Speaker 2>you know, you need to cop out. I don't want

0:21:20.560 --> 0:21:22.880
<v Speaker 2>to sentence you to death. And I'm pleading with them

0:21:22.880 --> 0:21:24.600
<v Speaker 2>back there and I'm telling them I didn't do this,

0:21:25.160 --> 0:21:27.439
<v Speaker 2>and so they send me back and I'm talking to

0:21:27.480 --> 0:21:29.480
<v Speaker 2>my dad on the phone and I'm crying and I'm

0:21:29.480 --> 0:21:30.520
<v Speaker 2>saying I don't know what to do.

0:21:30.680 --> 0:21:32.159
<v Speaker 3>And my dad says, did you do this?

0:21:32.240 --> 0:21:35.400
<v Speaker 2>And I said no, and he just said, well, then

0:21:35.440 --> 0:21:36.480
<v Speaker 2>you stick to your guns.

0:21:36.520 --> 0:21:38.040
<v Speaker 3>And that's what I did, even though I knew the

0:21:38.040 --> 0:21:38.879
<v Speaker 3>ODSBA against me.

0:21:38.920 --> 0:21:41.040
<v Speaker 2>So the next day I go back into the courtroom

0:21:41.560 --> 0:21:44.359
<v Speaker 2>and I stand up and the judge says, the prosecutor

0:21:44.400 --> 0:21:47.359
<v Speaker 2>wants to say something, and he just misses every charge

0:21:47.359 --> 0:21:47.800
<v Speaker 2>against me.

0:21:48.119 --> 0:21:50.800
<v Speaker 3>And I can't even explain the feeling at that point.

0:21:50.880 --> 0:21:53.520
<v Speaker 3>I was happy. I wanted to cry, I wanted to yell.

0:21:53.600 --> 0:21:54.880
<v Speaker 3>I just wanted to get out of there.

0:21:55.720 --> 0:21:59.040
<v Speaker 1>I can't even imagine to have them trying to get

0:21:59.080 --> 0:22:02.480
<v Speaker 1>you to take a deep while they know their case

0:22:02.560 --> 0:22:05.840
<v Speaker 1>is falling apart, but they're still trying to force you

0:22:06.000 --> 0:22:09.480
<v Speaker 1>into it with the very real threat of death, of

0:22:09.520 --> 0:22:13.280
<v Speaker 1>the death penalty, and then to just drop it. It's

0:22:13.320 --> 0:22:17.639
<v Speaker 1>like you get dizzy from this, right, So what happened next?

0:22:18.000 --> 0:22:21.280
<v Speaker 2>For three years almost I didn't hear nothing, and then

0:22:21.440 --> 0:22:23.879
<v Speaker 2>all of a sudden, a new prosecutor comes in, and

0:22:23.920 --> 0:22:26.840
<v Speaker 2>now they got Joey back on board. Once he realizes

0:22:26.880 --> 0:22:28.920
<v Speaker 2>all the time he's about to do on other charges

0:22:29.560 --> 0:22:31.639
<v Speaker 2>and decides that he's just going to make up some

0:22:31.640 --> 0:22:35.800
<v Speaker 2>stuff and remembers everything they want him to say, and I'm.

0:22:35.640 --> 0:22:38.760
<v Speaker 3>Being charged again. The nightmare happens once again.

0:22:39.000 --> 0:22:43.159
<v Speaker 1>Brian, what Tyrone is talking about here with the election

0:22:43.240 --> 0:22:46.040
<v Speaker 1>of the new prosecutor in Portage County and Joey Della

0:22:46.160 --> 0:22:49.000
<v Speaker 1>Sandro coming back on what's going on there?

0:22:50.160 --> 0:22:53.960
<v Speaker 4>Well, Joey at that point had been serving time on

0:22:54.160 --> 0:22:58.960
<v Speaker 4>unrelated charge and was sort of unhappy with his circumstances

0:22:59.080 --> 0:23:02.520
<v Speaker 4>and his sentence. He reached back out and explored the

0:23:02.560 --> 0:23:05.280
<v Speaker 4>option of what would happen if he did go back

0:23:05.320 --> 0:23:08.640
<v Speaker 4>on his recantation and agree to cooperate, which he ultimately

0:23:08.680 --> 0:23:13.240
<v Speaker 4>agreed to do. That is what caused the state to

0:23:13.320 --> 0:23:19.600
<v Speaker 4>reindict Tyrone Knowling and now with both Butch and Joey Delissandro,

0:23:20.080 --> 0:23:21.840
<v Speaker 4>they were ready to reprosecute the case.

0:23:22.160 --> 0:23:25.120
<v Speaker 1>So Tyrone's trial begins in January of nineteen ninety six,

0:23:25.200 --> 0:23:29.720
<v Speaker 1>six years after the crime. Right so, Walcott, Dallesandro, and

0:23:29.760 --> 0:23:32.600
<v Speaker 1>Saint Clair will call this prosecution witnesses. But the former

0:23:32.640 --> 0:23:38.160
<v Speaker 1>two boys gave testimonies that were very inconsistent unsignificant details,

0:23:38.200 --> 0:23:42.280
<v Speaker 1>but they nevertheless supported the state's narrative. They said that

0:23:42.440 --> 0:23:45.760
<v Speaker 1>after the second robbery and their alliance Ohio neighborhood, all

0:23:45.800 --> 0:23:50.280
<v Speaker 1>four boys allegedly drove to Atwater, where Tyrone allegedly chose

0:23:50.320 --> 0:23:54.240
<v Speaker 1>the house to rob. Once they were at the Harding house,

0:23:54.680 --> 0:23:58.560
<v Speaker 1>Dallesandro or Walcott said they waited in the car while

0:23:58.640 --> 0:24:02.000
<v Speaker 1>Noling and Saint Clair allegedly went to the front door.

0:24:02.320 --> 0:24:06.199
<v Speaker 1>Sometime later, according to Walcott and dallas Sandro. Nolan and

0:24:06.240 --> 0:24:09.160
<v Speaker 1>Saint Clair came running from the herding house and got

0:24:09.200 --> 0:24:14.639
<v Speaker 1>back into the car. Dallasandro testified that he allegedly smelled

0:24:14.720 --> 0:24:18.760
<v Speaker 1>smoke coming from Nolan's gun, and that Walcott said he

0:24:18.840 --> 0:24:22.920
<v Speaker 1>saw the gun smoking. They also said that Nolan confessed

0:24:22.960 --> 0:24:26.359
<v Speaker 1>to them. So, Tyrone, you're a trial and you see

0:24:26.400 --> 0:24:29.520
<v Speaker 1>your friends they're telling these crazy lies. Can you take

0:24:29.640 --> 0:24:30.679
<v Speaker 1>us back to that moment?

0:24:31.200 --> 0:24:32.240
<v Speaker 3>It was unbelievable.

0:24:32.720 --> 0:24:35.000
<v Speaker 2>I've known these guys for all my life and for

0:24:35.080 --> 0:24:38.800
<v Speaker 2>them just to disregard my life and just sit up

0:24:38.800 --> 0:24:40.920
<v Speaker 2>and they couldn't even look me in the face. They

0:24:41.000 --> 0:24:44.440
<v Speaker 2>just kept their eyes on the prosecutor. And I wanted

0:24:44.440 --> 0:24:46.320
<v Speaker 2>to get up and screen. I wanted to ask them,

0:24:46.320 --> 0:24:47.240
<v Speaker 2>why are you doing this?

0:24:47.920 --> 0:24:50.479
<v Speaker 1>And so Dallasandra and Walcott are saying these things, but

0:24:50.560 --> 0:24:54.280
<v Speaker 1>Saint Clair decides not to lie for the state anymore.

0:24:55.000 --> 0:24:59.880
<v Speaker 1>He recanted his statement before trial and again courageously did

0:24:59.880 --> 0:25:03.520
<v Speaker 1>it again on the stand. He denied going to Atwater

0:25:03.720 --> 0:25:07.119
<v Speaker 1>and committing the murders. And then he was declared a

0:25:07.119 --> 0:25:12.160
<v Speaker 1>hostile witness. And get this, the state read the entirety

0:25:12.200 --> 0:25:15.679
<v Speaker 1>of his prior statement to the jury which when I

0:25:15.760 --> 0:25:18.280
<v Speaker 1>was reading about this case, I was like, how can

0:25:18.320 --> 0:25:22.880
<v Speaker 1>that even for me? That seems beyond the pale. So Brian,

0:25:23.040 --> 0:25:26.080
<v Speaker 1>what did the defense attorney say, I mean the other sect?

0:25:26.119 --> 0:25:27.160
<v Speaker 1>What about the other suspect?

0:25:27.400 --> 0:25:31.200
<v Speaker 4>Well, all of these plausible and I think likely alternate

0:25:31.240 --> 0:25:34.879
<v Speaker 4>suspects who the police had originally investigated and who the

0:25:34.880 --> 0:25:39.880
<v Speaker 4>police hadn't really excluded. None of those names came up

0:25:40.160 --> 0:25:45.320
<v Speaker 4>during Tyrone's original trial, and it's plausible to believe that

0:25:45.560 --> 0:25:49.320
<v Speaker 4>it's because that information wasn't turned over to the defense

0:25:49.359 --> 0:25:52.080
<v Speaker 4>at the time of trial. There was only one theory

0:25:52.160 --> 0:25:54.720
<v Speaker 4>ever presented to the jury about who committed the crime,

0:25:55.000 --> 0:25:57.560
<v Speaker 4>and there were problems with that theory. There were holes

0:25:57.640 --> 0:26:00.320
<v Speaker 4>in that theory. You remember, the twenty five caliber gun

0:26:00.359 --> 0:26:02.440
<v Speaker 4>that Tyrone and his friends had taken in the prior

0:26:02.480 --> 0:26:05.560
<v Speaker 4>robbery was still excluded. It was not the murder weapon.

0:26:06.280 --> 0:26:07.800
<v Speaker 4>So they just had to come up with another story

0:26:07.800 --> 0:26:10.120
<v Speaker 4>about how they must have had a second twenty five

0:26:10.200 --> 0:26:13.000
<v Speaker 4>caliber gun and they must have picked it up somewhere

0:26:13.040 --> 0:26:14.919
<v Speaker 4>and then they got rid of it somewhere. And there

0:26:14.920 --> 0:26:18.359
<v Speaker 4>were things about this that didn't make sense. But I

0:26:18.400 --> 0:26:22.640
<v Speaker 4>think the community was still really hurt and outraged by

0:26:22.880 --> 0:26:27.160
<v Speaker 4>this murder, and they were only really given one theory

0:26:27.320 --> 0:26:30.160
<v Speaker 4>as to what happened, and despite the problems in that theory,

0:26:30.560 --> 0:26:31.320
<v Speaker 4>he was convicted.

0:26:32.000 --> 0:26:35.440
<v Speaker 1>Huh so, Tyrone, when the jury went out to deliberate,

0:26:35.640 --> 0:26:37.960
<v Speaker 1>did you have any hope at all that things were

0:26:37.960 --> 0:26:39.000
<v Speaker 1>going to go with your favor?

0:26:39.920 --> 0:26:42.800
<v Speaker 2>I always stayed optimistic, even though I knew the cars

0:26:42.800 --> 0:26:46.080
<v Speaker 2>were stacked against me. And I kind of remember when

0:26:46.119 --> 0:26:48.679
<v Speaker 2>they came and got me from the county jail. They

0:26:48.760 --> 0:26:50.920
<v Speaker 2>was taking me up the steps and they were lined

0:26:51.000 --> 0:26:52.639
<v Speaker 2>up with deputy sheriffs all the way.

0:26:52.560 --> 0:26:55.800
<v Speaker 3>Up, and that had never happened before. So my heart

0:26:55.880 --> 0:26:58.199
<v Speaker 3>just sank at that point. And I remember being in

0:26:58.240 --> 0:27:00.320
<v Speaker 3>the court room and that the jury coming in and

0:27:00.680 --> 0:27:03.000
<v Speaker 3>one of the young ladies that was a Jersey, she

0:27:03.080 --> 0:27:05.480
<v Speaker 3>sat down and she looked at me and she started crying,

0:27:06.040 --> 0:27:08.040
<v Speaker 3>and I knew it was over.

0:27:08.119 --> 0:27:08.320
<v Speaker 1>Then.

0:27:25.520 --> 0:27:26.560
<v Speaker 3>I was scared to death.

0:27:26.800 --> 0:27:29.800
<v Speaker 2>I'm about to go someplace that they say is the

0:27:29.840 --> 0:27:32.720
<v Speaker 2>worst of the worst. You're sentenced to death, You're sentenced

0:27:32.720 --> 0:27:35.920
<v Speaker 2>to doc people that have committed haineous crimes.

0:27:36.160 --> 0:27:37.600
<v Speaker 3>I mean, I'm still a young man.

0:27:38.080 --> 0:27:40.760
<v Speaker 2>I don't know what to expect, and I have no

0:27:40.920 --> 0:27:42.800
<v Speaker 2>choice because they're going to take me regardless.

0:27:43.320 --> 0:27:45.760
<v Speaker 1>So you have a good team of attorneys filing post

0:27:45.800 --> 0:27:49.080
<v Speaker 1>conviction motions, but they were all denied. And it's important

0:27:49.080 --> 0:27:52.119
<v Speaker 1>to mention here that all of the prosecution's witnesses, all

0:27:52.160 --> 0:27:56.320
<v Speaker 1>of them, Walcott, Dallas, Angele, and Saint Clair, every single

0:27:56.480 --> 0:28:01.480
<v Speaker 1>one of them has since recanted their testimonies. Right. Then,

0:28:01.520 --> 0:28:04.600
<v Speaker 1>in two thousand and six, the Ohio Innocon's Project took

0:28:04.600 --> 0:28:07.359
<v Speaker 1>on your case. Can you tell us how that came about?

0:28:08.040 --> 0:28:12.080
<v Speaker 2>Well, my investigator, Vicki buck Walter, was hired on and

0:28:12.280 --> 0:28:14.760
<v Speaker 2>she stayed with me after my conviction because she could

0:28:14.800 --> 0:28:18.640
<v Speaker 2>not believe what happened. She helped me contact people, write letters,

0:28:19.000 --> 0:28:22.119
<v Speaker 2>and we contacted the Enniscence Project. It was kind of

0:28:22.119 --> 0:28:26.320
<v Speaker 2>weird because Markazi showed up with a couple of students

0:28:26.760 --> 0:28:28.479
<v Speaker 2>and I thought I was just going there for an

0:28:28.920 --> 0:28:29.680
<v Speaker 2>attorney visit.

0:28:30.200 --> 0:28:32.160
<v Speaker 3>I told me I thought he had the wrong room.

0:28:32.440 --> 0:28:34.240
<v Speaker 2>And then he proceeded to tell me who he was,

0:28:34.280 --> 0:28:37.120
<v Speaker 2>and I just sat down and I felt a weight

0:28:37.200 --> 0:28:40.080
<v Speaker 2>off my shoulders to finally, finally somebody's going to help me.

0:28:40.640 --> 0:28:43.160
<v Speaker 3>I had a lot of respect from gratitude.

0:28:42.560 --> 0:28:46.520
<v Speaker 1>For them in those ensuing fifteen years, bringing us right

0:28:46.560 --> 0:28:48.760
<v Speaker 1>up to the present day. They found a ton of

0:28:48.800 --> 0:28:51.720
<v Speaker 1>stuff that made it seem like the doors of the

0:28:51.760 --> 0:28:55.000
<v Speaker 1>prison should have sprung open by now and you should

0:28:55.040 --> 0:28:57.960
<v Speaker 1>have walked free right out into the sunshine. But of

0:28:58.080 --> 0:29:01.680
<v Speaker 1>course we know that that's not how the justice system

0:29:01.720 --> 0:29:06.200
<v Speaker 1>works in Ohio or unfortunately in the rest of our country.

0:29:07.200 --> 0:29:09.320
<v Speaker 1>So Brian, can you tell us what the Ohio Inns

0:29:09.360 --> 0:29:12.560
<v Speaker 1>Project has been doing to fight this case and where

0:29:12.640 --> 0:29:13.520
<v Speaker 1>things are at today.

0:29:13.920 --> 0:29:17.760
<v Speaker 4>Originally, the Ohio Innescence Project was representing Tyrone just for

0:29:17.800 --> 0:29:20.560
<v Speaker 4>the purposes of trying to get DNA testing, specifically on

0:29:20.880 --> 0:29:23.080
<v Speaker 4>a cigarette butt that was found at the scene. The

0:29:23.120 --> 0:29:25.440
<v Speaker 4>heartings were very sort of meticulous people. They were not

0:29:25.480 --> 0:29:27.080
<v Speaker 4>the kind of people to leave a cigarette butt in

0:29:27.080 --> 0:29:28.880
<v Speaker 4>the middle of their driveway, and so there was an

0:29:28.960 --> 0:29:31.120
<v Speaker 4>idea that this might have been left by the killer.

0:29:31.280 --> 0:29:36.640
<v Speaker 4>It was eventually tested, and of course Tyrone all of

0:29:36.680 --> 0:29:38.920
<v Speaker 4>his co defendants were excluded. But there are a few

0:29:38.960 --> 0:29:43.040
<v Speaker 4>things that we know one percent were last touched by

0:29:43.160 --> 0:29:45.760
<v Speaker 4>the person who committed the crime, and that is the

0:29:45.960 --> 0:29:49.000
<v Speaker 4>ten shell casings that were found at the scene, and

0:29:49.200 --> 0:29:52.160
<v Speaker 4>the ring boxes and other items that the perpetrator had

0:29:52.240 --> 0:29:55.760
<v Speaker 4>rifled through after the crime or during the crime. DNA

0:29:55.840 --> 0:30:00.360
<v Speaker 4>technology today is sensitive enough to develop profile from even

0:30:00.520 --> 0:30:04.160
<v Speaker 4>just a few human cells, and so the hope was

0:30:04.840 --> 0:30:07.720
<v Speaker 4>that if we were able to conduct DNA testing on

0:30:07.800 --> 0:30:11.120
<v Speaker 4>those items, that you would develop a clear profile, and

0:30:11.320 --> 0:30:14.600
<v Speaker 4>if that profile does not match Tyrone Knowling or any

0:30:14.600 --> 0:30:16.440
<v Speaker 4>one of his co defendants, that's going to be very

0:30:16.520 --> 0:30:19.960
<v Speaker 4>very strong evidence of his innocence. Unfortunately, we were not

0:30:20.120 --> 0:30:22.920
<v Speaker 4>able to convince the court to allow us to conduct

0:30:22.960 --> 0:30:26.360
<v Speaker 4>that DNA testing, and so to this day that evidence

0:30:26.360 --> 0:30:29.600
<v Speaker 4>has not been tested. In the meantime, Tyrone's other attorneys

0:30:29.640 --> 0:30:33.760
<v Speaker 4>had filed a motion for new trial based on very

0:30:33.800 --> 0:30:37.160
<v Speaker 4>specific pieces of evidence that were uncovered at the end

0:30:37.440 --> 0:30:41.880
<v Speaker 4>of the original investigation by the Sheriff's department. Specifically, first

0:30:41.880 --> 0:30:44.640
<v Speaker 4>of all, the Nathan Chesley tip that was uncovered in

0:30:44.800 --> 0:30:49.760
<v Speaker 4>Tyrone's co defendants files. Secondly, the statement by Marlene van

0:30:49.800 --> 0:30:52.360
<v Speaker 4>Steinberg that the gun that had been eliminated from Dennis

0:30:52.360 --> 0:30:54.520
<v Speaker 4>mann Steinberg was not the actual gun that he had

0:30:54.520 --> 0:30:56.360
<v Speaker 4>on the night that the murder may have taken place.

0:30:56.760 --> 0:30:59.480
<v Speaker 4>And finally, it had been known at the time that

0:30:59.600 --> 0:31:03.640
<v Speaker 4>police had excluded Tyrone and his friends from the cigarette

0:31:03.640 --> 0:31:08.160
<v Speaker 4>butt using this more primitive protein testing, but they had

0:31:08.360 --> 0:31:11.360
<v Speaker 4>been concerned enough about Dan Wilson as a suspect that

0:31:11.440 --> 0:31:15.040
<v Speaker 4>they had tested dan Wilson against that cigarette butt and

0:31:15.120 --> 0:31:18.480
<v Speaker 4>he was not able to be excluded using that prior

0:31:18.520 --> 0:31:22.160
<v Speaker 4>primitive technology that was not turned over we believe to

0:31:22.320 --> 0:31:24.520
<v Speaker 4>the defense at the time of the original trial either

0:31:25.280 --> 0:31:29.360
<v Speaker 4>now here today. We are still waiting for an opportunity

0:31:29.400 --> 0:31:32.680
<v Speaker 4>to fully examine the prosecutor's files, to fully examine the

0:31:32.680 --> 0:31:36.080
<v Speaker 4>sheriff's files, to try to see what, if anything, was

0:31:36.120 --> 0:31:38.640
<v Speaker 4>in these files that was subject to disclosure back at

0:31:38.640 --> 0:31:41.240
<v Speaker 4>the original trial nineteen eighty five, nineteen ninety six.

0:31:43.000 --> 0:31:45.640
<v Speaker 1>God, it's just too much. I mean this one, really,

0:31:45.840 --> 0:31:48.960
<v Speaker 1>it just goes beyond my ability to comprehend. There's so

0:31:49.200 --> 0:31:52.160
<v Speaker 1>many things, and it seems like any one of them,

0:31:52.680 --> 0:31:56.520
<v Speaker 1>in a fair and just system would be enough for

0:31:56.600 --> 0:32:00.760
<v Speaker 1>an adult somewhere to step in and go. This has

0:32:00.760 --> 0:32:03.600
<v Speaker 1>gone on too long, but on it goes, and Tyrone

0:32:03.680 --> 0:32:06.800
<v Speaker 1>remains on death route right now while we're having this conversation.

0:32:06.960 --> 0:32:09.960
<v Speaker 4>If he were to get a fair trial today, with

0:32:10.120 --> 0:32:12.120
<v Speaker 4>all of the evidence that we know in front of

0:32:12.120 --> 0:32:15.240
<v Speaker 4>a jury, there's no chance that he would be convicted

0:32:15.400 --> 0:32:19.320
<v Speaker 4>and to be in a world where this is all

0:32:19.400 --> 0:32:22.280
<v Speaker 4>sort of continuing to happen. It's continuing to advance in

0:32:22.320 --> 0:32:26.760
<v Speaker 4>slow motion. I mean, it's surreal. Certainly. Our hope is

0:32:27.040 --> 0:32:31.720
<v Speaker 4>that he is successful in his current post conviction litigation,

0:32:31.880 --> 0:32:35.720
<v Speaker 4>that we're able to put this evidence finally in front

0:32:35.760 --> 0:32:38.680
<v Speaker 4>of a jury and give him a fair day in court.

0:32:38.920 --> 0:32:42.360
<v Speaker 1>Amen to that, And Tyrone for our audience listening today,

0:32:42.680 --> 0:32:45.800
<v Speaker 1>for someone who wants to see you have that fair shot,

0:32:45.880 --> 0:32:48.280
<v Speaker 1>which I'm sure everyone in our audience does, and who

0:32:48.320 --> 0:32:51.160
<v Speaker 1>wants to help and to get involved with writing this wrong.

0:32:51.600 --> 0:32:54.560
<v Speaker 1>Is there something that you'd like to ask them to do.

0:32:55.040 --> 0:32:57.280
<v Speaker 2>I would encourage them to reach out to our governor,

0:32:57.520 --> 0:33:00.840
<v Speaker 2>to reach out to stay and local politicians.

0:33:00.920 --> 0:33:02.640
<v Speaker 3>I would ask them to be a voice.

0:33:02.840 --> 0:33:05.800
<v Speaker 2>Somebody out there knows something, and they can go to

0:33:05.840 --> 0:33:08.479
<v Speaker 2>tyroneoling dot com or they can get a hold of

0:33:08.480 --> 0:33:12.280
<v Speaker 2>the Cincinnati Innosis Project if they're willing to help or

0:33:12.280 --> 0:33:14.720
<v Speaker 2>to be a voice, because I need a voice.

0:33:14.960 --> 0:33:16.480
<v Speaker 3>I need that more than anything.

0:33:17.720 --> 0:33:20.600
<v Speaker 1>Yeah, we'll definitely have Tyrone noling dot Com linked in

0:33:20.640 --> 0:33:23.600
<v Speaker 1>our bio, so please go there and learn what steps

0:33:23.640 --> 0:33:25.600
<v Speaker 1>you can take to help. And I also want to

0:33:25.600 --> 0:33:29.400
<v Speaker 1>mention There's a TV docuseriies called death Row Stories that

0:33:29.440 --> 0:33:31.400
<v Speaker 1>did a piece on this case last year called The

0:33:31.440 --> 0:33:34.360
<v Speaker 1>Lost Boy, which shows a very powerful case for the

0:33:34.400 --> 0:33:39.120
<v Speaker 1>actual innocence of Tyron. And with that we turn now

0:33:39.400 --> 0:33:41.760
<v Speaker 1>to closing arguments. This is the part of our show

0:33:41.800 --> 0:33:45.160
<v Speaker 1>where I thank you Tyrone Noling for just being with

0:33:45.240 --> 0:33:48.520
<v Speaker 1>us today sharing your story, and also Brian Howe for

0:33:48.600 --> 0:33:51.800
<v Speaker 1>fighting tirelessly. So again, thank you for doing what you're

0:33:51.840 --> 0:33:54.440
<v Speaker 1>doing and for being here and sharing this awful story

0:33:54.440 --> 0:33:57.000
<v Speaker 1>with our audience. And now closing arguments works just like this.

0:33:57.160 --> 0:33:59.800
<v Speaker 1>I'll kick back in my chair, turn my microphone off,

0:34:00.120 --> 0:34:02.920
<v Speaker 1>leave my headphones, I close my eyes and just listen

0:34:03.600 --> 0:34:06.120
<v Speaker 1>to any final thoughts you want to share. So, Brian,

0:34:06.880 --> 0:34:08.919
<v Speaker 1>why don't you go first and we'll save the best

0:34:08.920 --> 0:34:11.680
<v Speaker 1>for last. And that's of course that's you Tyrone. So

0:34:12.120 --> 0:34:14.200
<v Speaker 1>Brian closing arguments.

0:34:14.320 --> 0:34:16.960
<v Speaker 4>Well, you know, first, let me thank you Jason for

0:34:17.000 --> 0:34:19.080
<v Speaker 4>what you all are doing here. As surreal as it

0:34:19.120 --> 0:34:22.480
<v Speaker 4>sometimes seems that this is still happening, it feels good

0:34:22.719 --> 0:34:26.400
<v Speaker 4>to know that people care, that people are paying attention.

0:34:26.600 --> 0:34:29.520
<v Speaker 4>It feels good to know that there are people who

0:34:29.560 --> 0:34:32.000
<v Speaker 4>care about what's happening in this case and what's happening

0:34:32.040 --> 0:34:37.880
<v Speaker 4>to Tyrone. Again, our hope is that people understand what's happening,

0:34:38.000 --> 0:34:40.719
<v Speaker 4>that Tyrone get a fair day in court. And the

0:34:40.760 --> 0:34:44.080
<v Speaker 4>other thing is is that the fact that Tyrone is innocent.

0:34:44.120 --> 0:34:46.600
<v Speaker 4>But I'm personally one hundred percent convinced of You know,

0:34:46.640 --> 0:34:49.760
<v Speaker 4>I'm not familiar with every death row case in the country,

0:34:49.800 --> 0:34:52.160
<v Speaker 4>but I wouldn't be surprised if he were the strongest

0:34:52.160 --> 0:34:54.880
<v Speaker 4>case of innocence of anyone currently on death row. That

0:34:55.000 --> 0:34:58.840
<v Speaker 4>means that there's someone who is responsible for this crime

0:34:59.280 --> 0:35:02.319
<v Speaker 4>that was never brought to justice. And it means that

0:35:02.360 --> 0:35:04.600
<v Speaker 4>there could be someone out there right now who knows

0:35:04.640 --> 0:35:08.880
<v Speaker 4>something that may have for whatever reason, not wanted to

0:35:08.920 --> 0:35:11.840
<v Speaker 4>come forward and not wanted to get involved. I really

0:35:11.960 --> 0:35:14.920
<v Speaker 4>truly hope that that person is out there and that

0:35:15.000 --> 0:35:17.920
<v Speaker 4>they will reach out and come forward with any information

0:35:17.960 --> 0:35:19.960
<v Speaker 4>that they might have about the hard and murders. There

0:35:20.000 --> 0:35:22.840
<v Speaker 4>is a man's life on the line, an innocent man,

0:35:23.040 --> 0:35:27.560
<v Speaker 4>and if people have information, I truly truly hope that

0:35:27.600 --> 0:35:29.680
<v Speaker 4>they'll come forward with it and allow it to be

0:35:29.760 --> 0:35:31.000
<v Speaker 4>raised and brought before the court.

0:35:31.840 --> 0:35:33.640
<v Speaker 1>And now over to you, Tyron.

0:35:33.960 --> 0:35:36.720
<v Speaker 2>Well, I would like to first thank you and again,

0:35:37.640 --> 0:35:40.680
<v Speaker 2>I think the most important thing here is a voice.

0:35:41.000 --> 0:35:43.799
<v Speaker 3>I'm an innocent person on Ohio's death brow and I

0:35:43.840 --> 0:35:47.240
<v Speaker 3>don't belong here, and I need help. Now's the time.

0:35:47.960 --> 0:35:48.880
<v Speaker 3>This is difficult.

0:35:49.239 --> 0:35:52.600
<v Speaker 2>It's difficult cleaning for your life, especially when you haven't

0:35:52.600 --> 0:35:53.920
<v Speaker 2>been heard for a long time.

0:35:54.640 --> 0:35:57.520
<v Speaker 3>So I would just like to thank everybody.

0:35:57.600 --> 0:36:01.000
<v Speaker 2>And to encourage him again to look into my case,

0:36:01.480 --> 0:36:04.360
<v Speaker 2>to get involved, to be a voice for me, and

0:36:04.440 --> 0:36:06.840
<v Speaker 2>to help me get out of here because I'm innocent.

0:36:07.719 --> 0:36:10.280
<v Speaker 3>I don't want to be here, So please.

0:36:16.040 --> 0:36:19.120
<v Speaker 1>Thank you for listening to Wrongful Conviction. I'd like to

0:36:19.160 --> 0:36:22.880
<v Speaker 1>thank our production team Connor Hall, Justin Golden, Jeff Kleibern,

0:36:22.960 --> 0:36:26.400
<v Speaker 1>and Kevin Wartis, with research by Lyla Robinson. The music

0:36:26.400 --> 0:36:29.200
<v Speaker 1>in this production was supplied by three time OSCAR nominated

0:36:29.200 --> 0:36:32.960
<v Speaker 1>composer Jay Ralph. Be sure to follow us on Instagram

0:36:33.000 --> 0:36:37.239
<v Speaker 1>at Wrongful Conviction, on Facebook at Wrongful Conviction podcast, and

0:36:37.360 --> 0:36:40.440
<v Speaker 1>on Twitter at wrong Conviction, as well as at Lava

0:36:40.520 --> 0:36:43.680
<v Speaker 1>for Good. On all three platforms, You can also follow

0:36:43.760 --> 0:36:47.360
<v Speaker 1>me on both TikTok and Instagram at It's Jason Flamm.

0:36:47.600 --> 0:36:50.360
<v Speaker 1>Wrongful Conviction is the production of Lava for Good podcast

0:36:50.440 --> 0:37:01.440
<v Speaker 1>and association with signal Company number one