WEBVTT - Comparing the Central Park Five to Curtain

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<v Speaker 1>Good.

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<v Speaker 2>Just before nine o'clock last night, the jury returned guilty

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<v Speaker 2>verdicts against all three defendants.

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<v Speaker 3>It was absolutely shambles, to tell you the truth, just

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<v Speaker 3>absolutely really.

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<v Speaker 2>Put his blood on his clothing the day after the

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<v Speaker 2>alleged a toime.

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<v Speaker 1>On a shallow mud bank and it fits through a river.

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<v Speaker 4>Basically, I think most of the people are used to

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<v Speaker 4>me are good people.

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<v Speaker 1>I think a really important question we need to ask

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<v Speaker 1>is how many Indigenous prisoners in Australia are innocent.

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<v Speaker 2>This is Curtain, a podcast where we pulled back the

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<v Speaker 2>blinds to shine a light on the darkest parts of

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<v Speaker 2>our justice system and ask who are the victims. I'm

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<v Speaker 2>Amy Maguire and I'm.

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<v Speaker 1>Martin Hodgson, a senior advocate for the Foreign Prisoner Support Service.

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<v Speaker 1>And a warning this series contains the names of deceased

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<v Speaker 1>peoples and has distressing content that might upset some listeners.

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<v Speaker 5>You know, one hundred and twenty pounds, so can were.

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<v Speaker 6>And it just builds from there, It builds from there,

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<v Speaker 6>and so they get me to to a point that

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<v Speaker 6>I feel.

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<v Speaker 5>Like I'm so helpless, you know.

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<v Speaker 6>And and for me, that point came because with the

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<v Speaker 6>officers coming in and out the room.

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<v Speaker 5>It happened about three times.

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<v Speaker 6>The third time is when the officer who's actually asking

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<v Speaker 6>me the questions where he just flips tid bangs on

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<v Speaker 6>the table and he reaches for me. And at that point,

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<v Speaker 6>I feel like I'm not gonna make it off the priests.

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<v Speaker 6>I feel like I'm gonna die, right. And at that

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<v Speaker 6>same moment, a detective who comes in the room sitting

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<v Speaker 6>in the back, stops him, you know, starts yelling at him,

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<v Speaker 6>cursing at him, what they're doing, you crazy, get out

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<v Speaker 6>the room, kicks him out the room, and at that moment,

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<v Speaker 6>I feel like he saved my life.

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<v Speaker 5>Right, And he sits there, he goes, may man, you

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<v Speaker 5>a good kid.

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<v Speaker 6>I know you ain't doing this, but she got these

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<v Speaker 6>guys in the other priests and they say you did it.

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<v Speaker 5>I need your help. And I'm like, so, what the hell.

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<v Speaker 6>Am I gonna tell this dude, because I don't know,

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<v Speaker 6>I don't know the facts. I wasn't there, I didn't see.

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<v Speaker 6>But what he does is he gives me a lifeline.

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<v Speaker 6>He pulls out a picture of Kevin Richardson, he lays

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<v Speaker 6>it on the table and he says, you see this kid, right, here.

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<v Speaker 5>Do you know him?

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<v Speaker 6>I say no, And he said, what is this Kevin?

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<v Speaker 6>You see the scratch on his face that came from

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<v Speaker 6>the jag of fighting them.

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<v Speaker 5>Move Now.

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<v Speaker 6>We know he going to jail, but I don't want

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<v Speaker 6>you to go to jail, so I need you to

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<v Speaker 6>help me out, give me something.

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<v Speaker 5>And then he just sits back. He just looks at

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<v Speaker 5>me and just waits. Man. And at that moment, as

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<v Speaker 5>a thought to your kid, what are you doing.

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<v Speaker 6>We're trying to figure out a lot to tell something

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<v Speaker 6>just to stop the pressure from overcoming.

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<v Speaker 3>That was the real Raymond Santana, a member of the

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<v Speaker 3>Central Park Five who were wrongly accused and forced to

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<v Speaker 3>confess to a crime they didn't commit. There you heard

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<v Speaker 3>Raymond talking about part of the interrogation process that resulted

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<v Speaker 3>in his false confession and how the police obtains that,

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<v Speaker 3>and you would have heard, just like Kevin, the police

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<v Speaker 3>went in the room, went out of the room. The

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<v Speaker 3>police used threats of various kinds, and it was different

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<v Speaker 3>for each member of the Central Park Five, and pushed

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<v Speaker 3>and pushed and pushed for hours, including threats of violence

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<v Speaker 3>and actual violence to extract those confessions. The Central Park

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<v Speaker 3>Five story has been made into a popular drama series

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<v Speaker 3>for Netflix that's now been seen by millions around the world.

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<v Speaker 3>In a moment, we're going to discuss that case. But

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<v Speaker 3>what you'll hear as well for the first time ever

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<v Speaker 3>on kurtin the podcast is why we've been away for

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<v Speaker 3>the last few months and why we haven't been able

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<v Speaker 3>to bring updates in Kevin Henry's case. And it's related

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<v Speaker 3>to something that's a very big similarity between the case

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<v Speaker 3>of the Central Park five and Curtin Kevin Henry. But

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<v Speaker 3>first we'll start with Amy. Have you found the reaction

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<v Speaker 3>in Australia to when they see us and the Central

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<v Speaker 3>Park five story in general?

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<v Speaker 2>It's very interesting, Martin, because we've all often said, in

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<v Speaker 2>the case of the Curtain podcast, how similar it is

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<v Speaker 2>to so many cases over in the US, and yet

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<v Speaker 2>Australian audiences still seem to cite cases over seas rather

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<v Speaker 2>than look at their own backyard. And I think we've

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<v Speaker 2>seen that in the reception to this case, because as

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<v Speaker 2>ourisoners are going to hear, there are so many similarities

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<v Speaker 2>in relation to Central Park five and also Kevin Henry's case,

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<v Speaker 2>and in fact we've also mentioned the Central Park five

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<v Speaker 2>case on the podcast before, and yet it seems that

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<v Speaker 2>Australians are less likely to believe particularly Aboriginal witnesses, and

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<v Speaker 2>they're less likely to interrogate the fact that this is

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<v Speaker 2>happening over here and it's a system that they themselves

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<v Speaker 2>are complicit in, and their silence in a sense is

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<v Speaker 2>also you know, quite a violent thing, as was shown

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<v Speaker 2>so brilliantly in the docu series. You know, the impact

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<v Speaker 2>act of not being believed, the impact of being slandered

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<v Speaker 2>as a rapist can have on a person, particularly when

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<v Speaker 2>it's over years and years. So I think it's interesting

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<v Speaker 2>to see how resistant Australia still is to the fact

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<v Speaker 2>this is happening in our own backyard compared to them

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<v Speaker 2>being entertained in relation to drama series like this one.

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<v Speaker 2>But Martin, you know this case in depth. What was

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<v Speaker 2>your sort of taking or response to it when you

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<v Speaker 2>actually saw it.

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<v Speaker 3>I think it was a very important and really good

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<v Speaker 3>portrayal of what happened. There's obviously been a number of

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<v Speaker 3>documentaries that have been run and made, including Ken and

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<v Speaker 3>Sarah Burns is very good documentary. I think what this

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<v Speaker 3>series shows though, was the very human side of a

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<v Speaker 3>case like these the suffering not only of the wrongly

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<v Speaker 3>accused and the young boys, but their families, their friends,

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<v Speaker 3>their communities, and what it does and the way it

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<v Speaker 3>tears people apart. I also think the fact that you

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<v Speaker 3>see the way they're not believed and the way they

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<v Speaker 3>battle with the fact that they're accused of something they

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<v Speaker 3>clearly didn't do. And part of the reaction in Australia,

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<v Speaker 3>as you mentioned, is so often, as we see now,

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<v Speaker 3>that the person isn't believed, and that Aboriginal witnesses and

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<v Speaker 3>Aboriginal people in particular aren't believed. And that's not only

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<v Speaker 3>by the police but by the broader community and as

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<v Speaker 3>we've seen by the media who refuse to make the

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<v Speaker 3>links between this huge, high profile case that's become a

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<v Speaker 3>Netflix series and the cases like Kevins that are occurring

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<v Speaker 3>right now. And it's part of the damage that that

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<v Speaker 3>causes the not believing people, the refusal to see the truth.

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<v Speaker 3>And we see that with the Central Park five, that

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<v Speaker 3>two of the men end up leaving New York, the

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<v Speaker 3>struggles they go through when they're released and being accepted

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<v Speaker 3>back into the community, that even once your innocence is proven,

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<v Speaker 3>that you're still not fully believed by people and that

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<v Speaker 3>that continues to tarnish who you are. But obviously one

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<v Speaker 3>of the most interesting things is the links to Curtain

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<v Speaker 3>and the similarities, and that's something that we're going to

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<v Speaker 3>explore today. I mean, what was the first I guess

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<v Speaker 3>similarity to Kevin's case that jumped out to you.

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<v Speaker 2>The first was definitely the timeline. So the miniseries shows

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<v Speaker 2>the internal sort of discussions that were happening between the

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<v Speaker 2>police and even the prosecutor at the time around the timeline,

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<v Speaker 2>and there were so many inconsistencies in the timeline around

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<v Speaker 2>Central Park and this really horrendous rape that had just occurred,

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<v Speaker 2>and it showed that these five boys who had been

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<v Speaker 2>picked up were nowhere near in the vicinity, and so

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<v Speaker 2>what had to happen was they had to move around

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<v Speaker 2>events and they had to play with the timeline to

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<v Speaker 2>even make it made it fit. And as I watched that,

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<v Speaker 2>I immediately thought of Curdin, because we've shown again that

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<v Speaker 2>there is a real problem with the timeline of the

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<v Speaker 2>night that Curdin was alleged to have committed this crime.

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<v Speaker 2>In fact, we've shown that he had an alibi at

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<v Speaker 2>the time, he had a very small window of opportunity

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<v Speaker 2>in which he could have done this, and in fact,

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<v Speaker 2>there was no witnesses at all to it. And we've

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<v Speaker 2>shown also the problems with the tides and the positions

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<v Speaker 2>of the body. So to me, that was really amazing

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<v Speaker 2>to look at it, particularly looking at the police and

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<v Speaker 2>how quickly they made up their minds, or at least

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<v Speaker 2>in the miniseries, how determined they were once they'd got

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<v Speaker 2>the kids they wanted to tire this with. It was

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<v Speaker 2>never about the truth.

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<v Speaker 5>It was about.

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<v Speaker 2>Finding people they were going to blame this crime on

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<v Speaker 2>in order to get a conviction. So it automatically became

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<v Speaker 2>these are the five ones we've got, and so we're

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<v Speaker 2>going to just build a case against them rather than

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<v Speaker 2>actually look at the truth. And I think we've shown

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<v Speaker 2>that with Kevin's case that once they extracted a confession,

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<v Speaker 2>which is another similarity that we'll go into, they just

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<v Speaker 2>closed all other avenues. So there was never you know,

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<v Speaker 2>the really sad thing is, you know, the actual perpetrator

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<v Speaker 2>went on to commit other really horrendous crimes and so

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<v Speaker 2>that actually affected the safety of women in New York anyway.

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<v Speaker 2>So it really showed just how I guess damaging those

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<v Speaker 2>assumptions were, and they were obviously based on race as well.

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<v Speaker 2>So I think that was the first similarity that sort

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<v Speaker 2>of got me up and thinking, God almighty, you know

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<v Speaker 2>this happened around a similar time as well to Kevin,

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<v Speaker 2>only a couple of years before, and it was happening

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<v Speaker 2>over in Australia. And yet you know, no one's ever

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<v Speaker 2>looked at this case in depth until we were actually

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<v Speaker 2>able to do this podcast. Martin, what did you think

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<v Speaker 2>of that or what were your first I know you've

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<v Speaker 2>known this case before, but when you were watching it,

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<v Speaker 2>what sort of jumped out to you in relation to

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<v Speaker 2>Curtain's case.

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<v Speaker 3>Well, I think the thing that I always look at

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<v Speaker 3>is the police behavior, because the police are the ones

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<v Speaker 3>that are going to determine very quickly whether the case

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<v Speaker 3>is solved or in a case like Kevin or the

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<v Speaker 3>Central Park five, whether they not only get the wrong people,

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<v Speaker 3>but force confession and tain evidence to his timelines and

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<v Speaker 3>not only result in accusing and getting a conviction of

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<v Speaker 3>the wrong person, but ensure that the real perpetrator goes free.

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<v Speaker 3>And so I think what was most interesting for me

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<v Speaker 3>watching this was how quick the police make those deliberate

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<v Speaker 3>errors and deliberate tactics to accuse the wrong people. And

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<v Speaker 3>we know that in Kevin's case they did that immediately,

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<v Speaker 3>and they did that the same with the Central Park five.

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<v Speaker 3>The targeting of young boys, just grabbing anyone a willingness

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<v Speaker 3>to Just as the police targeted anybody who was at

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<v Speaker 3>Tanuba House that night, the police targeted anybody who was

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<v Speaker 3>in Central Park that night who fit the description they

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<v Speaker 3>were after, which was someone who was black. That's all

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<v Speaker 3>they were interested in. And as we know, a lawyer

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<v Speaker 3>approached the police in Kevin's case and told them they

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<v Speaker 3>had not only the wrong person, but told them they

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<v Speaker 3>knew who'd done it. And the police response was, we've

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<v Speaker 3>got a black for a plaque. And to me, that

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<v Speaker 3>is the similarity in the Central Park five. Obviously the

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<v Speaker 3>victim wasn't black, but the target of their investigation, before

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<v Speaker 3>they knew anything about the crime, was to arrest young

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<v Speaker 3>black men, and that happened with Kevin, and it happened

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<v Speaker 3>with the Central Park five, and from there everything else

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<v Speaker 3>spirals out of control.

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<v Speaker 2>And Martin, when you talk about that about another potential suspect,

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<v Speaker 2>there was also talk of white vigilantes who would often

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<v Speaker 2>turn up to Tanuba House, and the detectives on trial

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<v Speaker 2>in Kevin's case actually were questioned about that under cross examination,

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<v Speaker 2>and they admitted that they'd never gone down that line

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<v Speaker 2>of investigation or even thought thought to do it. They

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<v Speaker 2>just brushed it off as if it was nothing. So

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<v Speaker 2>it shows just how narrow their focus was, and their

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<v Speaker 2>focus was in relation to the aboriginality of the alleged perpetrator.

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<v Speaker 2>They never sought to look at whether there were non

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<v Speaker 2>Indigenous people around that night who would actually been shown

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<v Speaker 2>to be preying on young Aboriginal girls at the time.

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<v Speaker 3>Yeah, that's right, and I think not only had these

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<v Speaker 3>white men been around, they'd made very specific threats that

0:13:14.840 --> 0:13:18.960
<v Speaker 3>they were going to rape Aboriginal women, and they'd used

0:13:19.080 --> 0:13:24.960
<v Speaker 3>racist and derogatory language towards Aboriginal women. They'd come many

0:13:25.040 --> 0:13:30.240
<v Speaker 3>times to the camp and threatened violence. They'd had to

0:13:30.240 --> 0:13:35.079
<v Speaker 3>be chased away at certain points, and this was put

0:13:35.240 --> 0:13:39.600
<v Speaker 3>not only to the police on the stand, but it

0:13:39.640 --> 0:13:43.240
<v Speaker 3>had been raised in a number of the witness statements

0:13:44.240 --> 0:13:47.920
<v Speaker 3>by Aboriginal people telling the police that this had gone

0:13:48.000 --> 0:13:52.800
<v Speaker 3>on and that these white vigilantes had actually been there

0:13:53.360 --> 0:13:57.760
<v Speaker 3>at Tanuba House making threats of rape the night before

0:13:58.240 --> 0:14:03.600
<v Speaker 3>Linda was killed, and yet on the stand, the lead

0:14:03.679 --> 0:14:08.240
<v Speaker 3>investigator admitted he made not a single effort to follow

0:14:08.320 --> 0:14:12.640
<v Speaker 3>up on that, didn't even attempt to find out the

0:14:12.720 --> 0:14:17.400
<v Speaker 3>names of these people, made no effort whatsoever. And we

0:14:17.520 --> 0:14:23.040
<v Speaker 3>also know that there was other perpetrators or potential perpetrators'

0:14:23.120 --> 0:14:28.240
<v Speaker 3>names raised in witness statements, and the same lead investigator

0:14:28.280 --> 0:14:31.280
<v Speaker 3>admitted on the stand that he made no attempt to

0:14:31.400 --> 0:14:36.760
<v Speaker 3>even question these individuals. He knew their names directly and

0:14:36.840 --> 0:14:40.600
<v Speaker 3>did not even approach them. Now, I think that's clear

0:14:40.680 --> 0:14:43.920
<v Speaker 3>in both Kevin's case and the Central Park five that

0:14:44.920 --> 0:14:48.600
<v Speaker 3>immediately they'd made up their mind and it didn't matter

0:14:48.640 --> 0:14:52.520
<v Speaker 3>what evidence came forward, they weren't to change it.

0:14:54.720 --> 0:14:56.760
<v Speaker 2>Martin, what else did you see when you were watching

0:14:56.760 --> 0:15:00.120
<v Speaker 2>the miniseries, as in similarities to Kevin's.

0:14:59.720 --> 0:15:04.080
<v Speaker 3>Case, very key issues that you see in the Central

0:15:04.120 --> 0:15:08.440
<v Speaker 3>Park five drama series is the way that the boys

0:15:08.440 --> 0:15:13.480
<v Speaker 3>are isolated. We see that some of them had their

0:15:13.560 --> 0:15:18.720
<v Speaker 3>parents there, some didn't. In Raymond's case, he had his

0:15:18.800 --> 0:15:23.120
<v Speaker 3>grandmother there who was then nushed out of the room. So,

0:15:23.360 --> 0:15:27.800
<v Speaker 3>like all of the witnesses in Kevin's case, they didn't

0:15:27.840 --> 0:15:34.000
<v Speaker 3>have legal help they didn't have anyone there to support them,

0:15:35.640 --> 0:15:38.760
<v Speaker 3>and they're under a huge amount of stress because they're

0:15:38.760 --> 0:15:42.880
<v Speaker 3>being alleged to commit a crime that they know nothing about.

0:15:43.520 --> 0:15:46.440
<v Speaker 3>This is one of the most stressful situations someone can

0:15:46.480 --> 0:15:49.480
<v Speaker 3>be put in, that they are being accused of a

0:15:49.560 --> 0:15:54.320
<v Speaker 3>violent and serious crime that carries a very long prison sentence,

0:15:55.000 --> 0:16:00.080
<v Speaker 3>and yet they have no information to give the police,

0:16:00.200 --> 0:16:05.640
<v Speaker 3>and this puts people in a very difficult situation. Now,

0:16:05.760 --> 0:16:09.360
<v Speaker 3>the police can either choose to believe that or they

0:16:09.440 --> 0:16:11.440
<v Speaker 3>can force the issue. And this is where the Reed

0:16:11.560 --> 0:16:16.120
<v Speaker 3>technique that we've discussed before comes into play. Now, whether

0:16:16.200 --> 0:16:20.200
<v Speaker 3>the individual officers know what the Reed technique is or not,

0:16:20.720 --> 0:16:23.960
<v Speaker 3>and we see in the Central Park five drama series

0:16:24.000 --> 0:16:27.360
<v Speaker 3>that one of the officers denies knowing what it is.

0:16:28.680 --> 0:16:33.280
<v Speaker 3>Offices around them have been trained in the technique and

0:16:33.320 --> 0:16:36.920
<v Speaker 3>this is what they're taught and how they learn to interrogate.

0:16:37.680 --> 0:16:40.120
<v Speaker 3>And so rather than see that they have a witness

0:16:40.120 --> 0:16:42.160
<v Speaker 3>in front of them that cannot answer for any of

0:16:42.200 --> 0:16:47.440
<v Speaker 3>their questions, they start to force the issue and they

0:16:47.480 --> 0:16:51.400
<v Speaker 3>start to ramp up the pressure and make accusations, and

0:16:51.440 --> 0:16:53.960
<v Speaker 3>when that doesn't work, they go to one of the

0:16:54.000 --> 0:16:57.720
<v Speaker 3>techniques that's used in reed, which is to claim that

0:16:58.360 --> 0:17:01.680
<v Speaker 3>other individuals who were there, so other members of the

0:17:01.720 --> 0:17:07.159
<v Speaker 3>Central Park five have made claims against the person they're interviewing,

0:17:07.640 --> 0:17:10.800
<v Speaker 3>and we saw that exactly the same in Kevin's case,

0:17:11.480 --> 0:17:14.440
<v Speaker 3>that when they couldn't get answers out of people, when

0:17:14.440 --> 0:17:17.800
<v Speaker 3>no one would confess because the people they were interviewing,

0:17:17.840 --> 0:17:22.879
<v Speaker 3>including Kevin, had not committed the crime, they started to

0:17:22.960 --> 0:17:27.119
<v Speaker 3>allege that other people had said they had. And we

0:17:27.200 --> 0:17:31.439
<v Speaker 3>saw in particular the effect that that had, particularly on

0:17:31.520 --> 0:17:39.480
<v Speaker 3>the youngest member, Tron, but also Cory Wise, because he'd

0:17:39.520 --> 0:17:43.640
<v Speaker 3>only been asked to come down to be with his

0:17:43.680 --> 0:17:49.880
<v Speaker 3>friend Yusef, and so his level of understanding of this

0:17:50.119 --> 0:17:54.320
<v Speaker 3>was less than anyone else's. We also know the other

0:17:54.400 --> 0:17:57.920
<v Speaker 3>issues that Corey was dealing with that will get into

0:17:58.280 --> 0:18:02.159
<v Speaker 3>and so then it just becomes a matter of grinding

0:18:02.200 --> 0:18:05.640
<v Speaker 3>the person down, and whether it's through threats of violence

0:18:05.760 --> 0:18:11.320
<v Speaker 3>has occurred in Kevin's case, or both the violence that

0:18:11.480 --> 0:18:14.719
<v Speaker 3>was used against Corey, but also the sheer amount of

0:18:14.760 --> 0:18:19.320
<v Speaker 3>time the young boys were interrogated for it becomes quite

0:18:19.400 --> 0:18:23.440
<v Speaker 3>easy to break a person down with these threats over

0:18:23.680 --> 0:18:25.120
<v Speaker 3>hours and hours on end.

0:18:25.960 --> 0:18:27.920
<v Speaker 2>One of the things that really stood out to me Martin,

0:18:28.000 --> 0:18:30.960
<v Speaker 2>particularly with Corey, but in all of the boys' cases,

0:18:31.240 --> 0:18:34.680
<v Speaker 2>they were obviously so confused, in a state of confusion.

0:18:34.720 --> 0:18:37.080
<v Speaker 2>I mean, I thought it was really interesting how she

0:18:37.240 --> 0:18:40.440
<v Speaker 2>started it with from really from their perspectives, they had

0:18:40.480 --> 0:18:42.879
<v Speaker 2>no idea that a crime had even really taken place,

0:18:43.240 --> 0:18:46.199
<v Speaker 2>and so just this confusion about what was happening. But

0:18:46.400 --> 0:18:49.760
<v Speaker 2>particularly in relation to Corey wise, it was interesting how

0:18:49.840 --> 0:18:51.919
<v Speaker 2>it was similar to Brendan Ducie and that he just

0:18:51.920 --> 0:18:55.000
<v Speaker 2>thought he could say whatever and he'd go home. And

0:18:55.040 --> 0:18:57.119
<v Speaker 2>he thought, oh, well, if I give them what they want,

0:18:57.560 --> 0:18:59.080
<v Speaker 2>we can go home now. I'll be able to go

0:18:59.160 --> 0:19:03.239
<v Speaker 2>home understanding or no comprehension that this is actually going

0:19:03.280 --> 0:19:06.040
<v Speaker 2>to affect his life. And I think that was very

0:19:06.119 --> 0:19:09.119
<v Speaker 2>similar to Kevin, because I think Kevin just went in

0:19:09.160 --> 0:19:11.600
<v Speaker 2>there thinking he was going to give a statement the

0:19:11.680 --> 0:19:17.000
<v Speaker 2>day that he gave his alleged confession, and he didn't

0:19:17.040 --> 0:19:20.280
<v Speaker 2>seem to realize at the time what he was going

0:19:20.320 --> 0:19:23.200
<v Speaker 2>to be charged with, what the police were angling for.

0:19:23.280 --> 0:19:27.080
<v Speaker 2>Did you get that sense as well, or did you

0:19:27.119 --> 0:19:29.480
<v Speaker 2>have any feeling or thoughts around that.

0:19:31.840 --> 0:19:35.880
<v Speaker 3>Yeah, look, I think that's absolutely right that in all

0:19:35.920 --> 0:19:40.240
<v Speaker 3>these situations and It's something that studies have shown across

0:19:40.400 --> 0:19:46.359
<v Speaker 3>thousands of cases that young people, people who have experienced

0:19:46.520 --> 0:19:51.920
<v Speaker 3>trauma in their lives, people with learning difficulties, people from

0:19:52.000 --> 0:19:57.160
<v Speaker 3>black communities who have been victimized so often by the police,

0:19:58.040 --> 0:20:03.000
<v Speaker 3>do often give statements believing that if they just cooperate,

0:20:03.560 --> 0:20:08.040
<v Speaker 3>if they just say what the policemen say they need

0:20:08.080 --> 0:20:13.399
<v Speaker 3>to say. It's basically the yes model that if they

0:20:13.480 --> 0:20:16.240
<v Speaker 3>be polite and do what they're told, they'll get to

0:20:16.280 --> 0:20:20.720
<v Speaker 3>go home. And I think in Brendan's case, in Corey's case,

0:20:20.840 --> 0:20:25.200
<v Speaker 3>in Cavin's case, all three knew nothing of what they

0:20:25.200 --> 0:20:28.359
<v Speaker 3>were being accused of, because, as we know, all three

0:20:28.400 --> 0:20:33.560
<v Speaker 3>are innocent, and they all cooperated under the false assumption

0:20:34.359 --> 0:20:37.320
<v Speaker 3>that they would be able to go home. And what

0:20:37.400 --> 0:20:42.440
<v Speaker 3>all three also have in the common is that none

0:20:42.440 --> 0:20:46.920
<v Speaker 3>of them were afforded a lawyer. Now there's different reasons

0:20:46.960 --> 0:20:50.720
<v Speaker 3>as to why there was no lawyer present in each case,

0:20:51.840 --> 0:20:55.919
<v Speaker 3>but any time someone is being accused of murder, there

0:20:55.960 --> 0:21:00.239
<v Speaker 3>should be a lawyer present. Now we know that in

0:21:00.280 --> 0:21:04.720
<v Speaker 3>all three cases, basically the similarity is that all three

0:21:04.760 --> 0:21:08.320
<v Speaker 3>were tricked into not having a lawyer there or threatened

0:21:08.800 --> 0:21:12.600
<v Speaker 3>that a lawyer shouldn't be present, and the lawyer plays

0:21:12.640 --> 0:21:16.560
<v Speaker 3>the role of not only the legal advocate understanding what

0:21:16.680 --> 0:21:21.320
<v Speaker 3>will happen if you confess to something you know nothing about,

0:21:21.400 --> 0:21:24.560
<v Speaker 3>that you clearly didn't do. But that lawyer is not

0:21:24.880 --> 0:21:29.600
<v Speaker 3>under the stress that that person like Kevan or Brendan

0:21:29.760 --> 0:21:33.560
<v Speaker 3>or Cory is under. They can be the calming influence.

0:21:33.960 --> 0:21:36.960
<v Speaker 3>They can also stand up to the police and tell

0:21:37.000 --> 0:21:40.720
<v Speaker 3>them to stop and speak to their client and explain

0:21:40.960 --> 0:21:43.639
<v Speaker 3>very clearly that not only do you not have to

0:21:43.680 --> 0:21:46.680
<v Speaker 3>say anything, but that what you are saying because you're

0:21:46.720 --> 0:21:50.480
<v Speaker 3>being forced to say it by the police, knowing yourself

0:21:50.560 --> 0:21:52.720
<v Speaker 3>that it's not true, but that you're just trying to

0:21:52.760 --> 0:21:56.800
<v Speaker 3>get home, that you won't go home, you'll go to

0:21:56.880 --> 0:22:00.119
<v Speaker 3>jail and potentially for the rest of your life. That

0:22:00.240 --> 0:22:05.280
<v Speaker 3>is absolutely why the police made sure lawyers weren't present.

0:22:06.840 --> 0:22:11.560
<v Speaker 3>If the police knew very confidently that all three had

0:22:11.600 --> 0:22:15.640
<v Speaker 3>committed these crimes, they would have no problem with having

0:22:15.640 --> 0:22:19.560
<v Speaker 3>a lawyer present as his standard practice and as he's required.

0:22:21.200 --> 0:22:24.560
<v Speaker 3>If they had the evidence that all three had committed

0:22:24.600 --> 0:22:27.960
<v Speaker 3>these crimes, they wouldn't have needed a statement from them

0:22:28.000 --> 0:22:31.720
<v Speaker 3>in the first place. All three could have maintained their silence,

0:22:31.840 --> 0:22:34.840
<v Speaker 3>and the police would have had enough evidence to convict

0:22:34.880 --> 0:22:38.320
<v Speaker 3>them if they'd actually done the crime. But as we know,

0:22:39.200 --> 0:22:43.600
<v Speaker 3>all three didn't commit these crimes, and all the police

0:22:43.640 --> 0:22:46.760
<v Speaker 3>could do to get a conviction was to force a

0:22:46.800 --> 0:22:50.040
<v Speaker 3>false confession. And I think that's the most disturbing and

0:22:50.080 --> 0:22:56.000
<v Speaker 3>disgusting in part, is that in all three cases we

0:22:56.119 --> 0:23:01.000
<v Speaker 3>have a female victim. In all three cases, that female

0:23:01.080 --> 0:23:05.399
<v Speaker 3>victim and her family deserve justice, and yet from the

0:23:05.560 --> 0:23:09.960
<v Speaker 3>very start, the police in all three cases in Manitouac

0:23:10.080 --> 0:23:14.000
<v Speaker 3>County in New York and in Rockhampton and Queensland had

0:23:14.160 --> 0:23:17.600
<v Speaker 3>no concern about getting justice for the victim and their family.

0:23:18.680 --> 0:23:21.480
<v Speaker 3>They knew they had the wrong people, and yet they

0:23:21.520 --> 0:23:25.879
<v Speaker 3>were determined to get a conviction otherwise. And this is

0:23:25.960 --> 0:23:28.560
<v Speaker 3>something that people are going to have to grapple with.

0:23:29.200 --> 0:23:32.119
<v Speaker 3>This is the issue I think that goes to the

0:23:32.160 --> 0:23:36.080
<v Speaker 3>heart of why the Australian media don't cover these cases,

0:23:36.119 --> 0:23:40.120
<v Speaker 3>probably is a refusal to believe the police will act

0:23:40.160 --> 0:23:41.200
<v Speaker 3>in this manner.

0:23:41.680 --> 0:23:45.720
<v Speaker 2>Now madin the very I mean, the most hurrowing episode

0:23:45.720 --> 0:23:48.119
<v Speaker 2>really for me was the last one where it actually

0:23:48.119 --> 0:23:51.800
<v Speaker 2>showed what had happened to Corey Wise, who was placed

0:23:51.840 --> 0:23:54.959
<v Speaker 2>in the adult jail and was just subjected to torture

0:23:55.040 --> 0:23:59.800
<v Speaker 2>and abuse continually. And I guess the reason it's about

0:23:59.800 --> 0:24:02.880
<v Speaker 2>to me he was particularly when he came up for parole,

0:24:03.040 --> 0:24:06.320
<v Speaker 2>because I had so many similarities to Kevin's case and

0:24:06.359 --> 0:24:08.880
<v Speaker 2>where we currently stand now, we're just going to play

0:24:08.880 --> 0:24:11.639
<v Speaker 2>a quick clip of the actor who plays Corey Wise.

0:24:14.200 --> 0:24:15.119
<v Speaker 5>Thank you for seeing me.

0:24:17.920 --> 0:24:20.320
<v Speaker 6>I've never been in trouble in my whole life ever,

0:24:21.320 --> 0:24:24.359
<v Speaker 6>and when I get out, I don't plan on starting

0:24:24.400 --> 0:24:24.879
<v Speaker 6>no trouble.

0:24:25.520 --> 0:24:25.800
<v Speaker 3>Good.

0:24:26.480 --> 0:24:30.600
<v Speaker 6>I'm a good person and I know our feelings for

0:24:30.640 --> 0:24:32.000
<v Speaker 6>anybody or the situation.

0:24:32.119 --> 0:24:33.000
<v Speaker 5>I just won't go home.

0:24:34.880 --> 0:24:37.879
<v Speaker 4>Are you prepared to take full responsibility and admit to

0:24:37.920 --> 0:24:48.040
<v Speaker 4>the crimes in which you've been found guilty? Mister Wise.

0:24:48.119 --> 0:24:51.560
<v Speaker 4>Until you are ready to take the responsibility for the

0:24:51.600 --> 0:24:55.119
<v Speaker 4>crimes in which you've been convicted, this process cannot go further.

0:25:01.680 --> 0:25:07.800
<v Speaker 2>So, Martin, when you saw that, did it draw similarities

0:25:07.840 --> 0:25:10.639
<v Speaker 2>with Kevin's case and where we currently are now with

0:25:10.760 --> 0:25:11.719
<v Speaker 2>parole for Kevin?

0:25:14.080 --> 0:25:17.360
<v Speaker 3>Yeah, And I think for people who have seen the

0:25:17.359 --> 0:25:21.280
<v Speaker 3>Central Park five series or have watched the documentaries in

0:25:21.359 --> 0:25:27.159
<v Speaker 3>the past, they understand that the reason that Corey spent

0:25:27.440 --> 0:25:31.040
<v Speaker 3>more time in prison than anyone else. Was that he

0:25:31.200 --> 0:25:34.600
<v Speaker 3>refused to admit his guilt in front of the parole board.

0:25:35.600 --> 0:25:39.680
<v Speaker 3>And I think there's two very clear reasons Corey refused

0:25:39.680 --> 0:25:42.680
<v Speaker 3>to do it. A is the most obvious, he did

0:25:42.720 --> 0:25:47.560
<v Speaker 3>not commit the crime. And the second is the abuse

0:25:48.119 --> 0:25:50.639
<v Speaker 3>that he suffered in prison, both at the hands of

0:25:50.720 --> 0:25:55.480
<v Speaker 3>other inmates and guards and the system in general. And

0:25:55.480 --> 0:25:59.760
<v Speaker 3>that once he had found the ability to empower himself

0:25:59.800 --> 0:26:06.399
<v Speaker 3>in some way that he felt remain and survive, he

0:26:06.560 --> 0:26:09.600
<v Speaker 3>wasn't simply going to admit to something he never did

0:26:09.720 --> 0:26:12.119
<v Speaker 3>to get out of there. He was going to hold

0:26:12.200 --> 0:26:17.320
<v Speaker 3>that single truce until the day he died, because all

0:26:17.359 --> 0:26:20.240
<v Speaker 3>that he had left of who he was was the

0:26:20.320 --> 0:26:24.760
<v Speaker 3>fact he did not commit that crime. He was innocent.

0:26:25.800 --> 0:26:27.879
<v Speaker 3>And what we can reveal for the first time in

0:26:28.000 --> 0:26:33.280
<v Speaker 3>curtin the podcast is that Kevin Henry's situation is identical.

0:26:35.359 --> 0:26:38.120
<v Speaker 3>Kevin has been up for parole a number of times,

0:26:39.160 --> 0:26:43.800
<v Speaker 3>but a constant issue is the desire in both the

0:26:43.880 --> 0:26:48.000
<v Speaker 3>Central Park five in Corey's case in particular to admit

0:26:48.080 --> 0:26:54.000
<v Speaker 3>guil and the requirement in Queensland for a person in

0:26:54.080 --> 0:26:59.119
<v Speaker 3>Kevin's situation to admit gil. And now, while Kevin is

0:26:59.160 --> 0:27:03.560
<v Speaker 3>willing to cooperate on all other issues and has done so,

0:27:04.400 --> 0:27:09.440
<v Speaker 3>while Kevin has volunteered to go through all the programs

0:27:09.440 --> 0:27:13.440
<v Speaker 3>that are necessary to do the work that he's required

0:27:13.760 --> 0:27:18.359
<v Speaker 3>to be released, to appear willingly before the parole board

0:27:18.800 --> 0:27:23.919
<v Speaker 3>to answer any and all questions. The one thing Kevin

0:27:23.960 --> 0:27:27.919
<v Speaker 3>shares absolutely with Corey is he will not admit to

0:27:28.000 --> 0:27:31.280
<v Speaker 3>a crime he did not do. And I think it's

0:27:31.400 --> 0:27:35.600
<v Speaker 3>unconscionable to ask a person who has served so long

0:27:35.640 --> 0:27:39.840
<v Speaker 3>in prison for something they did not do, where all

0:27:39.880 --> 0:27:43.440
<v Speaker 3>the evidence shows they did not do it, and where

0:27:43.480 --> 0:27:48.840
<v Speaker 3>that has become increasingly obvious to all involved. To simply

0:27:48.880 --> 0:27:55.080
<v Speaker 3>require someone admit to something they didn't do says that

0:27:56.000 --> 0:27:59.800
<v Speaker 3>we would rather you lie to us than tell us

0:27:59.800 --> 0:28:05.000
<v Speaker 3>the truth. We would rather you add a fabrication on

0:28:05.200 --> 0:28:10.480
<v Speaker 3>this totally fabricated case to set you free, rather than

0:28:10.520 --> 0:28:13.040
<v Speaker 3>tell the truth. And I think what Corey and Kevin

0:28:13.080 --> 0:28:18.399
<v Speaker 3>also share is an absolute integrity, an absolute commitment to

0:28:18.520 --> 0:28:23.960
<v Speaker 3>honesty and the truth that there is a willingness to

0:28:24.119 --> 0:28:28.520
<v Speaker 3>suffer further rather than ever admit to something they didn't do.

0:28:29.600 --> 0:28:34.080
<v Speaker 3>And I think it comes out very clearly in the

0:28:34.119 --> 0:28:37.639
<v Speaker 3>series about the Central Park five and very well portrayed

0:28:37.680 --> 0:28:41.320
<v Speaker 3>by the young man who played Corey Wise, that there

0:28:41.360 --> 0:28:45.480
<v Speaker 3>is a steely determination that both men share that they

0:28:45.760 --> 0:28:50.040
<v Speaker 3>just will not buckle and ever confess again to something

0:28:50.080 --> 0:28:55.040
<v Speaker 3>they didn't do. And for me, that's the most emotional part.

0:28:55.240 --> 0:29:00.080
<v Speaker 3>So how was that aiming to see played out for you?

0:29:00.080 --> 0:29:03.040
<v Speaker 3>You knowing that this is the same situation Kevin finds

0:29:03.120 --> 0:29:03.640
<v Speaker 3>himself in.

0:29:04.640 --> 0:29:07.600
<v Speaker 2>Yeah, it was really amazing. I mean even to watch

0:29:07.800 --> 0:29:12.440
<v Speaker 2>the sort of as Corey Wise starts to learn more

0:29:12.480 --> 0:29:16.160
<v Speaker 2>about the system and see him suddenly use that as

0:29:16.200 --> 0:29:18.880
<v Speaker 2>an act of resistance against the system and take control

0:29:18.920 --> 0:29:21.400
<v Speaker 2>of that. And it was really interesting to me because

0:29:21.400 --> 0:29:26.200
<v Speaker 2>it marries so much of Kevin's own story, and Kevin

0:29:26.320 --> 0:29:28.440
<v Speaker 2>is very culturally strong. I think this may be a

0:29:28.480 --> 0:29:33.040
<v Speaker 2>point of difference in that Kevin grew up with culture,

0:29:33.720 --> 0:29:36.640
<v Speaker 2>he grew up on country, he grew up learning from

0:29:36.960 --> 0:29:40.920
<v Speaker 2>several strong, original people in his hometown of Worabinda, And

0:29:41.000 --> 0:29:44.720
<v Speaker 2>I think that strength is that core strength is really

0:29:44.760 --> 0:29:47.880
<v Speaker 2>what keeps him going, and it's what gives him that

0:29:48.000 --> 0:29:53.120
<v Speaker 2>drive and that resistance and that ability to keep surviving

0:29:53.240 --> 0:29:55.680
<v Speaker 2>in the face of everything that's been thrown at him.

0:29:56.200 --> 0:29:58.960
<v Speaker 2>And yet you know, it's very interesting to know that

0:29:59.480 --> 0:30:04.080
<v Speaker 2>you know this. It's very interesting to note that you know,

0:30:04.160 --> 0:30:06.360
<v Speaker 2>the Central Park five are now being their stories have

0:30:06.440 --> 0:30:09.080
<v Speaker 2>finally been told, and Kevin's story is still there waiting

0:30:09.120 --> 0:30:11.840
<v Speaker 2>to be told in its entirety. So I think that's

0:30:11.880 --> 0:30:13.680
<v Speaker 2>what was sad for me as well, to think that

0:30:14.800 --> 0:30:18.440
<v Speaker 2>all up, Corey spent served the longest sentence, which was

0:30:18.440 --> 0:30:21.080
<v Speaker 2>twelve years, which is way too long. One day in

0:30:21.120 --> 0:30:24.480
<v Speaker 2>prison for an innocent person is too long anyway, But

0:30:24.600 --> 0:30:26.640
<v Speaker 2>Kevin's been in there for twenty eight years, and he's

0:30:26.680 --> 0:30:29.720
<v Speaker 2>been serving time over his sentence for the past ten years.

0:30:29.880 --> 0:30:31.800
<v Speaker 2>So it really stood out to me the fact that

0:30:32.440 --> 0:30:34.360
<v Speaker 2>something needs to happen soon, I think.

0:30:35.960 --> 0:30:39.480
<v Speaker 3>And so as we've both explained that this is the

0:30:39.560 --> 0:30:44.320
<v Speaker 3>situation Kevin finds himself in, is that we're currently going

0:30:44.360 --> 0:30:50.120
<v Speaker 3>through the parole process. We absolutely hoped that Kevin will

0:30:50.160 --> 0:30:55.040
<v Speaker 3>be released very soon. We're doing all we can to

0:30:55.640 --> 0:30:59.480
<v Speaker 3>work with the parole board to provide the information they

0:30:59.560 --> 0:31:04.520
<v Speaker 3>require to be satisfied in releasing Kevin. But the number

0:31:04.600 --> 0:31:09.440
<v Speaker 3>one issue remains that Kevin, like Corey, will not admit

0:31:09.520 --> 0:31:12.720
<v Speaker 3>to a crime he did not commit. And as Amy

0:31:12.720 --> 0:31:16.320
<v Speaker 3>has explained very clearly that Kevin has a strength in

0:31:16.400 --> 0:31:20.600
<v Speaker 3>who he is and his culture that allows him to

0:31:20.760 --> 0:31:27.160
<v Speaker 3>maintain his resistance absolutely after nearly three decades in prison

0:31:27.240 --> 0:31:30.000
<v Speaker 3>for a crime he didn't commit. And I think this

0:31:30.200 --> 0:31:35.880
<v Speaker 3>is something the Australian media should be exploring, should be investigating,

0:31:36.200 --> 0:31:39.640
<v Speaker 3>and should be highlighting because, as we've also discussed in

0:31:39.720 --> 0:31:44.200
<v Speaker 3>kurtin the podcast, how many other Aboriginal prisoners are in

0:31:44.240 --> 0:31:49.640
<v Speaker 3>the exact same situation and not receiving the attention they deserve.

0:31:50.520 --> 0:31:53.920
<v Speaker 3>And these are all issues will continue to explore as

0:31:53.920 --> 0:31:57.080
<v Speaker 3>we go forward. But I hope that explains why we

0:31:57.200 --> 0:32:00.920
<v Speaker 3>haven't been able to provide much information over the last

0:32:01.000 --> 0:32:04.440
<v Speaker 3>few months. And now you understand, as you will have

0:32:04.560 --> 0:32:12.040
<v Speaker 3>seen Corey in a dramatized series refuse to admit his guilt.

0:32:13.200 --> 0:32:17.360
<v Speaker 3>That's what's happening inside a prison in Queensland for Kevin

0:32:17.400 --> 0:32:17.800
<v Speaker 3>Henry