A Conversation with Jarrett Adams: From Defendant to Defender — Transcript
Full transcript
- 0:00so thank you all so much for joining us
- 0:02on a sunday morning um
- 0:05it's really
- 0:06great to have folks and i'm so excited
- 0:09for the opportunity uh to talk with
- 0:12jarrett adams about his new
- 0:14book redeeming justice um
- 0:17i hope that people have had a chance to
- 0:19read the book and if not i hope that
- 0:20your our conversation today um
- 0:23encourages you to do so
- 0:25um
- 0:26i
- 0:28will introduce jarrett briefly
- 0:30um but i'm excited for him to tell you
- 0:33uh his story himself
- 0:36jarrett was 17 years old when an
- 0:38all-white jury sentenced him to prison
- 0:40uh for a crime he didn't commit
- 0:42and he has in the years since that
- 0:45happened just become an extraordinary
- 0:48advocate both for himself and for others
- 0:50um
- 0:51after he was freed with the help of the
- 0:53wisconsin innocence project he went on
- 0:55to college to law school and now
- 0:58um to running a growing law firm that is
- 1:01dedicated to helping people right wrongs
- 1:03after wrongful conviction so welcome
- 1:06jarrett thank you so much for joining us
- 1:08thank you thank you all for having me i
- 1:10appreciate being here i hope that you
- 1:12can give folks um on our webinar today
- 1:15uh a brief um
- 1:17a brief dis explanation or discussion of
- 1:21your book and your story and then um
- 1:23we'll talk a little bit more about some
- 1:25some specifics and we'll answer some
- 1:27questions i'm really looking forward to
- 1:30having this opportunity to tell people
- 1:32about your book and about your what
- 1:33you're up to these days yeah
- 1:36well thank you again and and the book is
- 1:38is is the journey of you know my story
- 1:42um and and it's just it's one of these
- 1:45things where i can recall like when i
- 1:47when i first came home in february of
- 1:492007
- 1:51and
- 1:52you know just trying to pick up the
- 1:53pieces and put my life back together and
- 1:55it was difficult i mean i it was it was
- 1:58you know you're talking about three kids
- 2:00is what we were three kids from chicago
- 2:03who are accused of a sexual assault by a
- 2:07white accuser and
- 2:09i i didn't i know
- 2:11we were not expecting for
- 2:14when
- 2:15allegations didn't make sense
- 2:18and when
- 2:19you know you know you're telling the
- 2:20truth we didn't expect that that wasn't
- 2:23enough
- 2:24and and we had a rude awakening uh we
- 2:26didn't realize that it really came down
- 2:28to how much resources one had um and the
- 2:31type of lawyer that that me and my
- 2:35dimitri had so
- 2:36it was so much going on with
- 2:39the three of us being charged uh dimitri
- 2:42never you know uh ravan never spent the
- 2:45day in prison or being convicted the
- 2:47severed trials uh me and dimitri coming
- 2:51home differently i come in i come home
- 2:53off of behaviors dimitri misses a
- 2:55deadline so it was so much going on kate
- 2:58that
- 3:00i wanted to tell the story
- 3:02from a perspective of
- 3:04the ridiculousness that it is sometimes
- 3:07with these cases
- 3:09and how difficult it is for for someone
- 3:12to fight against this monster this
- 3:14monstrosity that is the criminal justice
- 3:16system so in writing a book i told the
- 3:19perspective of
- 3:21look at the effects that it has on one's
- 3:23family the community
- 3:25and look how the justice system is
- 3:27suffering as a whole as a result of
- 3:31well i it
- 3:31to i think that's exactly right and i
- 3:33hope that that's what people take away
- 3:34from this book i want to take you back a
- 3:36little bit to um exactly what you were
- 3:39talking about your family and your
- 3:40community i i know that um
- 3:43you come from a tight-knit loving family
- 3:46um but
- 3:47maybe for the folks who haven't had a
- 3:49chance to read the book it you can
- 3:50explain a little bit about your your
- 3:52childhood and your family yeah so i grew
- 3:54up on the south side of chicago born and
- 3:56raised and it was this was in the 80s
- 4:00so
- 4:01for people who aren't familiar with
- 4:03these neighborhoods
- 4:04the 80s is around the the war on drug
- 4:08it's around the time that crack cocaine
- 4:11is basically suffocating the community
- 4:13of the communities of color and so
- 4:17it was one of these things where from
- 4:18the front porch you could see
- 4:21the evolving of the neighborhood in a
- 4:23bad way so my grandmother and
- 4:25grandfather they came from down south
- 4:28mississippi and they came with the
- 4:30spirit of
- 4:31family sticks together you know ain't no
- 4:34such thing as them your keys these are
- 4:36our kids everyone's gonna be watching
- 4:38someone uh so that's the type of family
- 4:41it was so it was just like someone's
- 4:42always around and stuff like that and
- 4:45this heartening thing was
- 4:47i realized that that
- 4:49when you get in contact with the
- 4:51criminal justice system they paint a
- 4:53narrative of you as if you were born at
- 4:56the scene of your accusation so that's
- 4:58the reason why i focused on my family
- 5:00and who i was as an upbringing because i
- 5:03didn't want people to be confused and
- 5:04say okay well well those kids and that's
- 5:07just what happens and stuff like that so
- 5:10mom
- 5:11aunts you know they were the people you
- 5:14know who who raised me when my
- 5:17grandmother who was the matriarch of the
- 5:19family had passed away and so it just it
- 5:22was something else and that
- 5:25i was fortunate that i had that nucleus
- 5:28because kate that's how i was able to
- 5:30come home and reintegrate that
- 5:31successfully because i had that family
- 5:34but a lot of people who go through what
- 5:36i've went through they are the last
- 5:38leaf
- 5:39on their family tree by the time this is
- 5:42over
- 5:43absolutely yeah
- 5:45yeah well you know your story is
- 5:47extraordinary in many ways and and one
- 5:49way is this loving family who who cared
- 5:52so much about you and stuck by you and
- 5:54another way is your own resilience and
- 5:56resourcefulness so i'd like to talk a
- 5:58little bit about that um maybe you can
- 6:00give people some context for
- 6:03the the case and kind of how it started
- 6:06yeah
- 6:07so the
- 6:07the case
- 6:09i i just kept saying to myself this is
- 6:11gonna be over with any minute right
- 6:14um that's that's the thing that i kept
- 6:16saying to myself especially so because
- 6:19you know you you had um
- 6:21a mistrial declared
- 6:24we had
- 6:25a total different
- 6:27narrative testified to
- 6:30that
- 6:31was different from what the police
- 6:32report was and i mean we were supposed
- 6:34to to to i encourage people to get the
- 6:37book because
- 6:38what i talk about will make sense once
- 6:40you read the book but
- 6:42there was this
- 6:44narrative created and we were just
- 6:46dropped into it and that's that's the
- 6:48best that i can i can say is that this
- 6:50historical depiction of
- 6:53the over-criminalization of black boys
- 6:55and and and if it's an accusation it has
- 6:58to be true because why not they're black
- 7:00you know that type of thing was going on
- 7:03and it was blatant um in our case and so
- 7:07we're accused of a sexual assault the
- 7:09only thing is an accusation however the
- 7:12accusation doesn't make sense and it
- 7:14never made sense kate from the very
- 7:16beginning including
- 7:18that
- 7:20the police knew
- 7:22very shortly after this false accusation
- 7:25they had a witness statement who
- 7:26basically undermined the entire
- 7:29narrative of sneaking up a flight of
- 7:30stairs walking our way into a room and
- 7:33then we flee the building after a gang
- 7:35rape as if it was a scene from a movie
- 7:37and it was just it was just so
- 7:39ridiculous and i kept
- 7:41saying to myself
- 7:43any minute now you know all right
- 7:44where's the where's the who where are
- 7:46the pranks at you know other people
- 7:48coming out and it never
- 7:50happened until 10 years later and it was
- 7:53just so difficult and gut-wrenching to
- 7:55watch how it played out because
- 7:57co-defendant
- 7:58uh rovan charges dismissed we thought
- 8:01for sure that that would affect both me
- 8:04and my remaining co-defendant dmitry and
- 8:06it didn't and my mom and my aunts kept
- 8:08trying to understand and me with this
- 8:10limited high school chicago public
- 8:13school education i'm trying to explain
- 8:14to them and they don't
- 8:16none of us get it so i went to the law
- 8:18library okay and i didn't leave that
- 8:20place until i finally got it and that
- 8:23that
- 8:24fortitude
- 8:25that tenacity that
- 8:27jared never give up
- 8:29that came from
- 8:31watching how my mom and my aunts never
- 8:33gave up and i said if they can't if
- 8:35they're not giving up then who am i to
- 8:37stop fighting
- 8:40right and it took you a little while to
- 8:41get there you know just for for folks
- 8:44who don't know jarrett and his friends
- 8:45ravan and dimitri were uh kids who had
- 8:48graduated from college and they went to
- 8:51a college party they they um they went
- 8:53to a college party and they
- 8:55they hooked up with another with a
- 8:57college student there and that college
- 8:58student later accused them of a sexual
- 9:01assault um there were you know you talk
- 9:04about this in the book there was a um
- 9:06there was an a witness who was never
- 9:09interviewed or called um and there were
- 9:11other witnesses at this party who who
- 9:13could have corroborated what you guys
- 9:16were you what you boys were saying that
- 9:18you know that this was that you know
- 9:21that you were hooking up with another
- 9:23student but that's true but that was it
- 9:26yeah and i wonder if you can talk a
- 9:28little bit about and we have an excerpt
- 9:29from the book that i'm going to ask you
- 9:31i wonder if you can talk a little bit
- 9:32about the way that um
- 9:36because i think this illustrates so well
- 9:38how
- 9:39different um
- 9:41people with different resources and get
- 9:44different outcomes and some of it was
- 9:46like withdrawal right and some of it was
- 9:48just rovon's family had more resources
- 9:51so i wonder maybe do you want to maybe
- 9:52give just a little bit of context for
- 9:54that before you
- 9:55um read from this part of your book yeah
- 9:58right so we're we're all we're all
- 10:00charged and rovind had family who stayed
- 10:04in wisconsin
- 10:06um and the family called down and was
- 10:08like look
- 10:10yeah i know you guys don't know this but
- 10:12wisconsin locks up more black kids per
- 10:15capita than any other state this is no
- 10:18joke you you guys got to do whatever you
- 10:20need to do to get an attorney and and it
- 10:23was one of these things kate where all
- 10:25of our parents had the same
- 10:27thing the same response
- 10:29oh you know they didn't do it right and
- 10:32it was like
- 10:33it we were the only ones in the room who
- 10:35didn't realize the truth
- 10:37didn't matter in situations like this
- 10:39when you're accused and when and it's
- 10:41about what you can prove now so
- 10:44now we're we're
- 10:47two of us me and rovan me and dimitri
- 10:50are assigned
- 10:51panelist attorneys off of a panelist
- 10:54um when the public defender is
- 10:56conflicted out if you can't afford an
- 10:58attorney they appoint you an attorney
- 11:00off of the panel list of attorneys and
- 11:02that's the who's who
- 11:05you don't know who you're getting it's
- 11:06it's a it's a it's a it's a will it's
- 11:09you're spinning and you don't know who
- 11:11you're getting you don't know your
- 11:12qualifications and you don't necessarily
- 11:15have a say-so in the matter and who you
- 11:17choose which is even more disheartening
- 11:20to think that
- 11:21there are people on the list appointed
- 11:23to represent people and there are no
- 11:25checks and balances we would later find
- 11:27out that you know my attorney
- 11:30was like recently barred
- 11:32didn't have any malpractice insurance
- 11:35you know it just wasn't qualified to
- 11:36take on the case and so you know was the
- 11:38story for a lot of the the qualification
- 11:41issues with with dimit with dimitri's
- 11:44attorney so now we go to trial
- 11:48where
- 11:49boyle gerald boyle is hired by
- 11:52rovan's family and
- 11:54boyle was pretty much just leading the
- 11:56charge he was asking all the questions
- 11:58he was impeaching he was following all
- 12:00the motions so at a certain point we
- 12:03were declared a mistrial because of what
- 12:04the prosecution did the prosecution
- 12:07didn't want to let the case to go to the
- 12:09jury at the first trial because
- 12:11everything in the police report was not
- 12:13testified so it was actually inaccurate
- 12:15and it was all over the place with the
- 12:17accusation
- 12:18so
- 12:19it was then cape where the fork in the
- 12:21road
- 12:22happened right where
- 12:25we had no idea that rovan's attorney was
- 12:28filing motions based on
- 12:31dismissing the charges in a case
- 12:33outright because of double jeopardy and
- 12:34things like that our attorneys didn't
- 12:37join in and more importantly they never
- 12:39they never told us kate until we made it
- 12:41to trial the day of
- 12:43and
- 12:44that made us make a horrible decision
- 12:46that changed the trajectory of me and
- 12:48dimitri's life forever
- 12:51yeah yeah
- 12:53so i hope that you'll read this brief
- 12:55passage from um
- 12:58from it starts on page 115
- 13:00um about
- 13:01the dismissal
- 13:03um
- 13:04of the charges against rovan yeah
- 13:07so this is phase 115 through 116. the
- 13:10prosecutor dismisses all charges against
- 13:12rovan my friend goes home he never
- 13:15spends a single night in prison boyle's
- 13:17excellent expensive lawyering and i like
- 13:19to think the three letters i write set
- 13:22roman free i'm jubilant this case is cut
- 13:24and dry
- 13:25rovon is walked soon i am sure so will
- 13:28dimitri and i but we don't the
- 13:30prosecutor doesn't dismiss the charges
- 13:32against us he says that because our
- 13:34lawyers went for no defense strategy and
- 13:37didn't call any witnesses he doesn't
- 13:39feel that we should be given a new trial
- 13:43yeah
- 13:44so
- 13:45i want to talk about two things related
- 13:47to that so so one is um we hear all the
- 13:51time about
- 13:53you know in the media and sort of
- 13:54colloquially about people getting off on
- 13:57a technicality yeah right and this is
- 14:00like the opposite of that
- 14:02yeah this this is
- 14:04you guys are kids who got sent to prison
- 14:07sort of because of
- 14:09technicalities it didn't have anything
- 14:10to do with whether or not you did
- 14:13something wrong
- 14:14yeah this was this was
- 14:16you know one of the things that i talk
- 14:18about in the book is this and this
- 14:19happens a lot in in criminal cases
- 14:21involving um the accused being of color
- 14:25and the accuser um being being white
- 14:29or other you know for the most part and
- 14:32so
- 14:33what happens is
- 14:35there's a filling of the voids
- 14:39in the case
- 14:41where you know common sense will tell
- 14:42you otherwise there's a feeling of that
- 14:45with the narrative of
- 14:47well well why would why would she why
- 14:50would he these with these black boys
- 14:52with these black you know and that thing
- 14:54continued out throughout like the entire
- 14:57trial and it was it was it was just
- 15:00it was so
- 15:02so eye-opening to realize
- 15:05that that was what they were doing and
- 15:07the court was allowing it to be done
- 15:10you know um you know a prosecutor who
- 15:13has a discretion right then and there
- 15:16and and i and i and i focus on that for
- 15:18a second and i say right then and there
- 15:20to do the right thing because
- 15:22because
- 15:23the discretion
- 15:25was all in the power of the prosecutor
- 15:28he was the one who decided to dismiss
- 15:29the charges against rovana he didn't do
- 15:32this for nothing he did this because the
- 15:34police officer withheld the the full
- 15:37statement and
- 15:39he knew its impact on the jury and so at
- 15:42that point it was an opportunity to
- 15:45allow us to have at the very least a
- 15:47fair trial with the evidence of our
- 15:49innocence that the jury never heard
- 15:51and the prosecutor used his discretion
- 15:54not to do it
- 15:55not because he felt that we were guilty
- 15:58he did it simply because he cared more
- 16:01about a victory
- 16:02and that's the problem and it's a
- 16:04problem that sweeps across our criminal
- 16:07justice system
- 16:09that's right yeah
- 16:10so i i think um that we we talk a lot
- 16:14about the inadequacy of your
- 16:16representation and how your lawyers went
- 16:18with a no defense strategy
- 16:21um i mean now you're a lawyer right
- 16:23you're seeing cases and defending cases
- 16:25and working on cases yeah have you seen
- 16:28that before where the lawyer took a no
- 16:30defense strategy and and what do you
- 16:31think about that yeah so little kate
- 16:33that was a that was never a strategy you
- 16:35know that was ineptness you know and
- 16:37downright negligence um and failing to
- 16:40do do one's job that's what that was
- 16:42about and that was the excuse that was
- 16:44used all in all we went with a no
- 16:46defense theory but to answer your
- 16:48question absolutely there's a problem
- 16:50with adequate representation
- 16:52and
- 16:53the problem is
- 16:55is is systematic and there are things
- 16:58that could be done to fix it but they're
- 17:00just not simply being done because the
- 17:02totality of its of its disproportionate
- 17:04effect is happening mainly to people of
- 17:07color and what i mean to dig deeper in
- 17:09that is this so you're talking about
- 17:1270 if not 80 if not higher
- 17:15percent of folks accused of of criminal
- 17:18crimes are in these impoverished areas
- 17:21are
- 17:22reliant on public defense
- 17:25you're talking about a public defense
- 17:26system where on average lawyers
- 17:29single public defenders are managing
- 17:3240 to 70 cases
- 17:35at a time okay if you and i did that in
- 17:38the private practice we would be in
- 17:39front of the board of bar examiners
- 17:41explaining how in the heck could we be
- 17:43effective with that much of a caseload
- 17:45so you know i look at that and i look
- 17:48and i say to myself that there are there
- 17:50is designs and flaws in this system that
- 17:53is allowing
- 17:55and setting up
- 17:56unjust convictions wrongful convictions
- 17:59over sentencing people pleading guilty
- 18:02okay you know how many times i've come
- 18:03across people pleading guilty just
- 18:05because they want to get out of the
- 18:07county jail absolutely because they're
- 18:09guilty
- 18:10absolutely
- 18:11yeah and i think there's an additional
- 18:13wrinkle in in the way that your case was
- 18:15handled that people might not understand
- 18:16if they're not you know they've never
- 18:18been system involved and they don't
- 18:20um
- 18:21you know they don't really understand
- 18:22the ins and outs of how this works but
- 18:24you were assigned a lawyer from a panel
- 18:26which means that a career public
- 18:28defender a person who was employed by
- 18:31the public defender's office didn't
- 18:32handle your case your case was handled
- 18:34by
- 18:35a private attorney who had agreed to
- 18:38accept some public defender cases and i
- 18:42mean until recently um it's so it's
- 18:45still bad in wisconsin but until
- 18:47recently wisconsin was the lowest uh had
- 18:50the lowest reimbursement rate for
- 18:51private attorneys so they were getting
- 18:53paid 40 an hour
- 18:55um to take these cases and that might
- 18:58sound significant to people who have
- 19:00like to get like a regular salary but
- 19:02the truth is
- 19:03that's that's not enough to cover
- 19:06overhead plus if you have clients who
- 19:09are paying
- 19:10your regular rate if you're a lawyer who
- 19:12has clients who are paying your regular
- 19:14rate then you know those people are
- 19:16going to take precedent and
- 19:19yeah i just want people to understand
- 19:20that because like again like there are
- 19:21plenty of panel attorneys who are great
- 19:23who do a really good job regardless of
- 19:25the low reimbursement rate because they
- 19:27feel passionate about justice and they
- 19:28want to make sure people get a fair
- 19:29trial but you know two
- 19:32lots of other scholars have talked about
- 19:34how
- 19:35um
- 19:36having a having a panel has its own
- 19:39set of problems its own slew of problems
- 19:41yeah i mean it's it's it's one of these
- 19:43things where cake the panel idea was
- 19:45necessary it was needed but the problem
- 19:48is the checks and balances now you know
- 19:50the problem is the lack of the lack of
- 19:52resources and then i'll write this
- 19:55why can't we have an equal fare system
- 19:58that allows resources
- 20:00and and and training and re and
- 20:03investigative you know resources and
- 20:05stuff like that
- 20:07on the public defense side on the side
- 20:09where a person why does it matter
- 20:11that if a person isn't able to afford
- 20:15then that distance them from justice it
- 20:17shouldn't be i mean in the to to even
- 20:19revisit the situation about
- 20:22the prosecutor in my case
- 20:24you're talking about someone who has
- 20:26the the discretion and the authority and
- 20:29if people believe if people watching
- 20:31this
- 20:32believe that the prosecutor's job
- 20:34is solely to prosecute
- 20:37you're wrong
- 20:38it's not
- 20:39it's to protect the community it's to
- 20:42enforce the laws
- 20:44and it's it's it's for justice right and
- 20:47that doesn't require someone to do
- 20:49nothing but prosecute that requires
- 20:51someone to use the power that is that
- 20:53discretion to make the right decision
- 20:56and and it wasn't it was horribly abused
- 20:59in our
- 21:00case yeah it definitely sounds like it
- 21:04um and and certainly now looking back we
- 21:06can see you must have been able to see
- 21:08that at the time how did that how did
- 21:10that feel to you as a kid
- 21:12you know you were very perceptive at
- 21:13that age i think i wasn't processing
- 21:16like like i am now and who would expect
- 21:18me to right when i was a kid i mean kate
- 21:20literally i'm sitting there and i'm
- 21:22thinking about the chores that i needed
- 21:23to do you know once the trial was over
- 21:25because i just was assured that it was
- 21:27going to be over and end in the fashion
- 21:29you know i don't i've
- 21:31i've i've been able to take
- 21:34what pains me and turn it into a passion
- 21:38you know to help others
- 21:39but make no mistakes about it it's
- 21:41exhausting you know what i mean like
- 21:43like dimitri came home three three
- 21:45months after i did
- 21:46and
- 21:47you know he didn't want to get into this
- 21:49field and i can understand you know why
- 21:52because it is exhausting i just felt
- 21:54like i offered
- 21:56you know an insight on something that i
- 21:58that
- 21:59would be helpful to us all if we if we
- 22:01listen
- 22:03yeah absolutely this is a powerful
- 22:04message that you've you've crafted here
- 22:06and i and i hope people
- 22:08um get a chance to to really dig into it
- 22:11because it's it's so so important and
- 22:14i mean who better to explain it to
- 22:16people who've never been system involved
- 22:18than somebody who was wrongfully
- 22:19convicted and can tell you exactly about
- 22:21how it felt and what it was like
- 22:23um after your conviction uh you
- 22:26struggled and then ultimately and i
- 22:28don't know how much you want to talk
- 22:29about that but then ultimately you were
- 22:30able to get
- 22:32um
- 22:33you helped yourself a
- 22:35really significant amount and then you
- 22:36were also able to secure some help from
- 22:38the wisconsin innocence project um
- 22:40before we read about the outcome of that
- 22:43do you is there anything else you want
- 22:44to share with folks yeah i mean i want
- 22:47to make sure that this doesn't go
- 22:49without being um said
- 22:51um
- 22:53my story is is
- 22:56is amazing in that how i've been able to
- 22:58get to where where i am
- 23:00but
- 23:01um
- 23:03it's also amazing that it took all of
- 23:06this to get to where i am right and i
- 23:08think that we're losing now
- 23:10on
- 23:11talent
- 23:13on folks who can contribute to society
- 23:15and
- 23:16i'm not here based all on myself like
- 23:19the community invested in me and i was
- 23:22given the opportunity and so
- 23:25i took that opportunity and just worked
- 23:27my butt off like is is where i am and so
- 23:30now the thing is
- 23:33it's important to document how difficult
- 23:35it is so that way
- 23:37it makes the role
- 23:38smoother for those coming behind and
- 23:41kate you know as the work that we do
- 23:43with sips and in the advancements of
- 23:45science and stuff like that we see that
- 23:48we're still learning we're still being
- 23:50corrected by the science so we know
- 23:52people are going to still continue to be
- 23:55to be litigated out
- 23:57and and we need to educate as many
- 23:59lawyers as possible in the courts and
- 24:01the judges and the prosecutors and the
- 24:04experts themselves right
- 24:06right to make sure that we get this
- 24:08thing right and i hope people understand
- 24:11you know i i don't i don't know if
- 24:12people understand how much
- 24:14chance goes into an exoneration because
- 24:17not to ever diminish the hard and
- 24:19difficult work of
- 24:21of people who've been wrongfully
- 24:22convicted of their lawyers
- 24:24um of their families and their
- 24:26communities
- 24:27there's a significant degree of chance i
- 24:29mean just one example is this in order
- 24:32to uh get the help of many innocence
- 24:35efforts
- 24:37an accused or i'm sorry convicted person
- 24:40has to be able to
- 24:42communicate their story yeah and for
- 24:46some folks you know
- 24:47for here's a great example so people who
- 24:49are um deaf and disabled in prison
- 24:53may not not only not be able to write a
- 24:55letter
- 24:56they might not even be able to to get
- 24:59someone to write a letter for them yeah
- 25:01a little bit further too kate so as i
- 25:04started to to
- 25:06just set myself up in this law library
- 25:08right and
- 25:10i'm there because i needed to learn
- 25:12myself but i'm also tutoring folks and
- 25:16and stuff like that
- 25:17and there's a difference between
- 25:19being able to read the words in front of
- 25:21you and being able to comprehend
- 25:24you know everything and
- 25:26i realized that that a great you know
- 25:30majority of folks who are trying
- 25:33you know and have
- 25:34logical innocence claims just think
- 25:36about that
- 25:37it's hard to follow the legal terms so
- 25:39how do we expect people to know the
- 25:42terms of the new advancements in science
- 25:44right and they're faced with something
- 25:46like this that's right that's right
- 25:49so let's um what i really want to
- 25:51especially focus on and people should
- 25:53feel free to put questions in the q a if
- 25:55you have questions for us um i've got a
- 25:57few already but uh you know if you if
- 26:00you want to uh send us some questions
- 26:01we're happy to answer them um but you
- 26:03know jared one of the things that we've
- 26:04talked about before you and i and like
- 26:06at other events that we've done is that
- 26:08you know what happened to you in prison
- 26:11is only and and and with your you know
- 26:13involvement with the criminal justice
- 26:15system is only one part of your story
- 26:18and i do sort of see
- 26:20you know and you should uh correct me if
- 26:22you don't feel the same way but i do
- 26:23sort of see this moment that i'm going
- 26:26to ask you to read about
- 26:27um from page 170 as the beginning of the
- 26:31next chapter of your story yeah yeah no
- 26:34not is and i don't like listen
- 26:37it's not easy talking about about what
- 26:39happened all the time like you're
- 26:40literally talking about it all the time
- 26:42about what happened and i i don't i want
- 26:44people to understand that that
- 26:46um
- 26:47there is there is trauma in each word
- 26:50you know of this story of this of this
- 26:52journey
- 26:53i think back on how like you just said
- 26:55kate how easy it could have been
- 26:58for us to be buried in that place like
- 26:59my mandatory release would have been
- 27:02like 2020 or something like that
- 27:04february right now would have been what
- 27:06turning 40 registering as a sex offender
- 27:09um it just it just i i just i
- 27:12you know i shimmer just thinking about
- 27:14it um really do but in this this moment
- 27:18is is you're right this is when
- 27:20uh
- 27:22this is when the transformation
- 27:24from
- 27:26you know jared
- 27:27prison lawyer
- 27:29trying to get out
- 27:31to
- 27:32jared
- 27:34getting ready to get out
- 27:36and needing to get himself
- 27:38uh
- 27:40some some some help in order to go help
- 27:42other folks that's really the best way i
- 27:44can sign this up so this is page 170.
- 27:48the guard leads me on on the long walk
- 27:50to the phone
- 27:51he hands me the receiver and backs away
- 27:54i expect to hear silence as i wait to be
- 27:56passed into the call but i pick up the
- 27:58phone and i hear laughter over his
- 28:00speakerphone it's as if i'm broken into
- 28:02someone's celebration a private party
- 28:05the voices speak happily over each other
- 28:08and after a moment i make out keith's
- 28:09voice and carls and andy's and i swallow
- 28:13and say hey it's jared
- 28:14jared andy says draw my name out almost
- 28:18as if he were singing or shouting at me
- 28:20across the room carl keith says why
- 28:23don't you tell me wow sure carl pauses
- 28:27jared we got some good news
- 28:30we won
- 28:31you won the habeas appeal
- 28:33i cannot speak
- 28:34and that was the last word that i wrote
- 28:36about about that and i mean i mean it
- 28:38was
- 28:39it was one of these things where i think
- 28:40that even and i i know um
- 28:43i was talking to carl about this so carl
- 28:45and andy were the law students assigned
- 28:48to my case um in the innocence project
- 28:50and for people for people who are
- 28:51watching who don't know so the innocence
- 28:53projects and organizations
- 28:55they are in large part supported and and
- 28:58can only do what they do because of the
- 29:00students and so
- 29:01uh the students that i have at the end
- 29:04were carl and were andy and they uh carl
- 29:08and andy check the website of the
- 29:10seventh circuit almost every day to see
- 29:12if my decision had been made and and uh
- 29:14my decision was made
- 29:16uh
- 29:17and
- 29:18they called and they told me about it
- 29:20and so
- 29:21i remember you know there was an
- 29:23expectation for me to just you know like
- 29:25hit me parade but it was just
- 29:27i wanted to see
- 29:29the bars
- 29:30and my rear view mirror
- 29:32getting smaller and smaller because it
- 29:34just it wasn't going to feel real until
- 29:36then okay
- 29:37yeah yeah
- 29:39but that kicked off a new life for you
- 29:41and and you went out of there with
- 29:45just this incredible drive to
- 29:47change the system so that it didn't
- 29:49happen to others um and
- 29:52i want to talk about a really
- 29:53significant accomplishment um that's
- 29:56both
- 29:57you know admirable but also
- 30:00poetic and so i think you know where i'm
- 30:01going i want to talk to you about
- 30:03richard buranik yeah can you tell folks
- 30:05about your client richard buranik please
- 30:08so i um i come home
- 30:12i come on february 2007
- 30:14uh
- 30:15you know i get the much needed help that
- 30:17i needed mental health care
- 30:19uh family love you know and care you
- 30:22know and and then i go on to get my
- 30:25associate's degree
- 30:26bachelor's degree law degree i did a
- 30:29dual fellowship where i clerked in the
- 30:30southern district of new york as well as
- 30:33the seventh circuit the same circuit
- 30:34that overturned my conviction then i
- 30:37went on to to work at the innocence
- 30:39project with barry shack peter neufeld
- 30:41and i uh was assigned a case along with
- 30:44bryce vincent and bryce uh who's now at
- 30:47the queen's district attorney's office
- 30:49running the conviction integrity unit
- 30:51a lot of of
- 30:53how i'm able to practice now
- 30:56what i'm looking for in cases i learned
- 30:58it from bryce you know i was with bryce
- 31:00for a significant part of the time that
- 31:03i was there i also worked with vanessa
- 31:05uh nina morrison and and you know a few
- 31:08more attorneys who are are there but i
- 31:10spent the bulk of my time in court with
- 31:12bryce and we were there for three cases
- 31:14kevin bailey richard baranek and also
- 31:17rodney reed's case that's still being
- 31:19litigated right now
- 31:20and so
- 31:21um
- 31:22you know
- 31:24i just
- 31:25i i'm it's like it was an out-of-body
- 31:28experience to be home now it was okay
- 31:32well i know i'm not the only one who
- 31:34went who who's went through this so what
- 31:36is god trying to tell me right
- 31:38so i just started to go to school and
- 31:39continue to go to school and just before
- 31:41you knew it boom i'm here so then once
- 31:44i'm with the innocence project we get
- 31:46assigned a richard barana case we make
- 31:48our way back to wisconsin kate
- 31:5110 years to the month
- 31:53that i'm released
- 31:5410 years to the month and released in
- 31:57february of 2007
- 31:59february of 2017 i'm representing
- 32:01richard buranik along with bryce benjat
- 32:05and co council is none other than keith
- 32:07finley you know the guy who argued you
- 32:10know the reversal of my case in the
- 32:12seventh circuit so it was it was is
- 32:14apropos the right word to say or or or
- 32:17in this um
- 32:19boy it's something right it's poetic
- 32:23it's beautiful yeah it's a wonderful
- 32:25story it really is and that story was
- 32:27about science kate yes that's what that
- 32:30case was about yes
- 32:32and would you say this kicked off your
- 32:33your your passion for making sure that
- 32:36um for that there are organizations like
- 32:38the center for integrity and forensic
- 32:40sciences and making sure that fair
- 32:42evidence fair scientific evidence is
- 32:44what's brought forth in courts not only
- 32:46fair but it also this case was the case
- 32:48that this is where i got you know my dna
- 32:52bones so to speak right this was my my
- 32:55uh i think i said second because kevin
- 32:57bailey was a dna case too
- 32:59but this was the one where you know we
- 33:01had the results we're down in the
- 33:03minutia
- 33:05what is the mitochondr what is
- 33:06mitochondrial dna and you know and there
- 33:09used to be a time where we could only
- 33:10get dna from the hair if the pope was
- 33:12included but now it's like boom the
- 33:14science is advanced how do you explain
- 33:16it how do you t and again what i what i
- 33:19said before was key
- 33:21okay courts are learning judges are
- 33:24learning they're learning too and so
- 33:27that's why i realized how important it
- 33:29was to have organic organization like
- 33:31sips because you're talking about
- 33:34not just
- 33:36what's going on now but the irreparable
- 33:39sometimes damage that was done as a
- 33:41result and that's why this is so
- 33:44important that richard buranick case
- 33:45taught me this
- 33:47investigators
- 33:49fbi investigators
- 33:51used as experts were testifying to
- 33:53things that they had no right to
- 33:57they were not well founded
- 33:59and studies in science has shown that
- 34:02they were horribly wrong
- 34:04and in those cases
- 34:06they're so spread out
- 34:08and
- 34:09we need to equip lawyers with as much
- 34:11knowledge so that way we can teach the
- 34:13courts as well as prosecutors need to
- 34:15learn and so do the experts who will
- 34:18falsely testify to this stuff yeah well
- 34:21so for people who don't know richard
- 34:22burnick was accused um
- 34:25with hair comparison microscopy
- 34:29um
- 34:30which is and feel free to jump in but
- 34:31that's a a procedure that's not used
- 34:34very much anymore where um an analyst
- 34:37looks at the two hairs under a
- 34:38microscope and compares their features
- 34:41and then makes a a statement about how
- 34:44likely they think that it is that that
- 34:46the hairs are from the same person
- 34:49um and it's problematic for this wide
- 34:52range of reasons right um but one thing
- 34:55that that
- 34:57is a vein that goes through not only
- 34:59microscopic hair comparison analysis but
- 35:01also all sorts of other forensic
- 35:03sciences
- 35:04is that experts
- 35:07consistently almost every time they were
- 35:10in court
- 35:11overstated yes the accuracy of their
- 35:14conclusions and the value
- 35:17of the evidence um and i assume they did
- 35:20that in richard's case too right
- 35:21absolutely and think about it like not
- 35:23only did they do it but i mean
- 35:26they they did it too to the point just
- 35:27think about this you're in front of
- 35:29juries
- 35:30the jury pool is impressionable
- 35:33when you get a fbi agent
- 35:35testifying and saying i've been with the
- 35:38fbi for
- 35:39you know 37 years and i've looked at
- 35:43thousands and thousands of hairs and
- 35:45this hair when you compare it it looks
- 35:47like the juries are eating that up right
- 35:50you know so they're they're they're
- 35:51they're buying that they're going with
- 35:52that and in richard's case rich's case
- 35:54was first of all
- 35:56it was an identification
- 35:59that was made
- 36:01months
- 36:02you know if not over a year and i i
- 36:04don't recall exactly it's not in front
- 36:06of me months though after it was it was
- 36:08an identification made with a photo so
- 36:12that was suspect on its own right
- 36:14um there was
- 36:16uh evidence of
- 36:18who we believe was a true perpetrator
- 36:20calling
- 36:21the victim's house and doing crank calls
- 36:24that wasn't richard burenick either and
- 36:26it was just it was something so crazy
- 36:29that they would rely on on this hair and
- 36:31then what we found out through other
- 36:34litigation and i believe that if i'm
- 36:36stating this right
- 36:38um
- 36:39it was a memo
- 36:40that we were able to find
- 36:42through litigation that i believe that
- 36:45peter newfield and another group of
- 36:47attorneys were doing on other cases and
- 36:49that's how that's how we realize and
- 36:51came to find out that the fbi themselves
- 36:54had issued a memo saying hey look guys
- 36:57we were actually wrong stop testifying
- 37:00about this here and you would think that
- 37:02that would trigger right
- 37:04you think that that would trigger
- 37:06uh a mass
- 37:09overhaul
- 37:10and a mass review of the cases before
- 37:14and the testimony before and literally
- 37:16it has not
- 37:18right
- 37:19right
- 37:20yeah and that's really significant right
- 37:22because the what the lessons we learn
- 37:24from
- 37:26from wrongful convictions especially
- 37:27those involving
- 37:29dna exoneration
- 37:31is that
- 37:32the sub we can't trust the science right
- 37:35and so we should be going back whenever
- 37:38we find one we should be going back and
- 37:40looking at other similar cases i mean
- 37:42and the innocence efforts are of course
- 37:44trying to do that but it is you know
- 37:46it's this long slog
- 37:49you know like we shouldn't be doing the
- 37:51innocence world and the innocence
- 37:52network should not be doing the job of
- 37:56of of the cleanup um you know should we
- 37:59be assisting absolutely right um
- 38:03you know but we shouldn't be doing this
- 38:05alone it has to be real criminal justice
- 38:08reform
- 38:09can only happen if everybody has an all
- 38:12hands on deck approach like that's
- 38:14that's it you know real criminal justice
- 38:16reform starts with really doing it right
- 38:19and the way that you really do it is
- 38:21working hand in hand to go back and fix
- 38:24what you know was that memo shouldn't
- 38:25have been a memo that was internal that
- 38:28memo should have been an announcement to
- 38:30the entire criminal justice field yep
- 38:33yeah and i want to talk a little bit
- 38:34about that um especially in the context
- 38:36of richard's case and then i have a
- 38:38question from james didcock that's a
- 38:40very good question so i'm excited to get
- 38:42to it but um
- 38:44but one thing i want to ask is that you
- 38:46know we have you had this case
- 38:47and there was new dna testing done that
- 38:51you know technology that that arose that
- 38:53you could now test the dna and you found
- 38:55out it was somebody's dna and then
- 38:57surely the prosecution let him out right
- 39:01no and it goes back again kate to that
- 39:04thing about discretion right you know
- 39:06and
- 39:07now
- 39:08the argument
- 39:10in the in the shift the goal post type
- 39:12of fashion now the argument is well
- 39:15that's not the perpetrator's hair
- 39:16anymore that was a hair that could have
- 39:19been you know in the washing machine or
- 39:21uh floated on there from another item
- 39:24but that's not the theory that was at
- 39:26trial the theory was at trial was this
- 39:28hair was the head left by the
- 39:30perpetrator it was on the bed you know
- 39:32clothing uh bed you know uh uh sheets
- 39:35and this was the perpetrators on on a
- 39:37post conviction when dna adamantly
- 39:40definitively shows that they were wrong
- 39:44now all of a sudden well no it's not the
- 39:46same here well maybe not the same here
- 39:48maybe not the same person maybe we got
- 39:49that wrong but we got everything else
- 39:51right and that's again you know i want
- 39:53people to understand that
- 39:55that when prosecutors decide
- 39:58to fight
- 39:59cases as clear as this
- 40:02they're doing it on your dime
- 40:04are done
- 40:06that's what they're doing
- 40:07and it's it's a problem like these cases
- 40:10take way too long richard you know
- 40:12richard's case
- 40:14in the dna was known for years kate
- 40:17we literally were litigating what we
- 40:19knew for years
- 40:20and
- 40:21we had to do it
- 40:23or or or richard would still be sitting
- 40:25in there yep yeah
- 40:28yeah i mean it happens far too often
- 40:30right you get this incontrovertible
- 40:32powerful evidence and then instead of
- 40:35turning to
- 40:36remedying the wrong
- 40:39um as as we would do in in any other
- 40:43disaster which is exactly what these are
- 40:45right when we have you know plane
- 40:48crashes or horrible medical errors
- 40:51we don't fight about whether the plane
- 40:53crashed we look at the root causes and
- 40:55try to make it better because we know
- 40:58that this bad thing happened yeah and
- 41:01and so i want to get to james's question
- 41:03because i think it's excellent and maybe
- 41:04we can discuss it a little bit so he
- 41:06talk and because this is really
- 41:07important so he said asks while dna
- 41:09evidence is key to providing relief for
- 41:11those wrongfully convicted there are
- 41:13many cases of wrongful conviction that
- 41:15can't be
- 41:16given relief due to the lack of that dna
- 41:19evidence
- 41:20so how can or should innocence efforts
- 41:24you know of course rely heavily on dna
- 41:26evidence um try to move forward in
- 41:28seeking justice when there isn't that
- 41:31incontrovertible dna evidence so i mean
- 41:33it's a great question and it's also what
- 41:35what what we're doing like it at my
- 41:38organization with life out of justice we
- 41:40are actually litigating cases
- 41:42that will lead to precedent you know
- 41:45setting things within our system and we
- 41:48don't just focus on dna um and i think
- 41:51that right now what's going on is this
- 41:54and i know this from my contacts you
- 41:57know my work in the conversations that
- 41:59i'm having
- 42:00innocence projects right now
- 42:02are now moving towards
- 42:05handling more cases that don't
- 42:07necessarily just have dna as as it's you
- 42:10know claimed to innocence um they they
- 42:14of course you know we focus on the
- 42:16science because the science teaches us
- 42:18and it helps us with the with the
- 42:20unrefutable uh uh argument um sometimes
- 42:23in these cases even though in richard's
- 42:24case it was still
- 42:26refuted right but i think that right now
- 42:30you're seeing organizations start to
- 42:33take on more and argue now um false
- 42:36eyewitness or miss eyewitness
- 42:39identification is one thing right i
- 42:42think that uh right now we're starting
- 42:45to evolve and start to investigate where
- 42:48multiple claims of rome doing by
- 42:51officers are now being looked at and
- 42:53deemed as new evidence for other
- 42:55people's cases to be revisited as well
- 42:58and that that's important as well
- 42:59because police misconduct
- 43:02um
- 43:03you know lab misconduct
- 43:06you know most certainly should be
- 43:08considered as new evidence in these
- 43:09cases and to the question that was a
- 43:12great question because there are some
- 43:13folks who
- 43:15the evidence just isn't there anymore
- 43:17you can't find it
- 43:18i'm dealing with a case right now in new
- 43:20york where the evidence is just lost
- 43:22it's unfortunate kate but you know like
- 43:24i know laws of preserving evidence were
- 43:28not always on the books throughout the
- 43:29many different states and in some states
- 43:32they still don't have laws that preserve
- 43:35the evidence to be tested on appeal so
- 43:38it's a struggle to answer that question
- 43:40but the movement is starting to move
- 43:42into handling cases where you know and
- 43:46you can say to yourself look if if if
- 43:48you have a conviction integrity unit
- 43:51i want people to focus on integrity and
- 43:54what that means
- 43:55you know sometimes from reviewing these
- 43:58cases whether it may not be dna evidence
- 44:01or or or dna testing or scientific
- 44:03evidence
- 44:04you know when the case lacks integrity
- 44:07you know when the representation
- 44:09representation is so porous where you
- 44:11can see you know what was what was done
- 44:14wrong in the case um so
- 44:16the innocence networks innocence
- 44:18movements are starting to move towards
- 44:20doing cases where there isn't a lot of
- 44:23dna and evidence and what's happening as
- 44:25a result is the cases of dna the cases
- 44:29of science that are supported
- 44:31they're making it easier for the
- 44:33arguments of non-scientific based
- 44:36innocence cases which we know there are
- 44:38a lot of okay
- 44:40absolutely yeah and i think this is a
- 44:42neat thing to be able to talk about with
- 44:43you because this is part of why
- 44:45our two practices and our two
- 44:47organizations work well together and you
- 44:49know have this unique partnership
- 44:51because you know as um james alluded to
- 44:54in his question
- 44:56you know more than 95
- 44:58of criminal cases do not involve any dna
- 45:01evidence yes right
- 45:03but what we can do and what our
- 45:06organizations do is take the lessons
- 45:09that we've learned from the cases that
- 45:12do have dna evidence and then apply them
- 45:15broadly right so let me give you an
- 45:17example by of what i mean by that if you
- 45:19um have a case um as jarrett did in his
- 45:22early in his practice with hair
- 45:25comparison microscopy they were able to
- 45:28get dna in their case that showed that
- 45:30the hair comparison was incorrect
- 45:32but that doesn't make any other hair
- 45:35case
- 45:36any more correct exactly right yeah so
- 45:39now we can look at all of the hair cases
- 45:42and say whether or not there's dna we
- 45:44know this process is flawed
- 45:46and people who get flawed process
- 45:49deserve new trials everyone should get a
- 45:51fair trial
- 45:53absolutely i mean you know i'll use this
- 45:55analogy right
- 45:56so people so hopefully people can
- 45:59understand what i'm saying
- 46:00i want you to think about the busiest
- 46:02car wash
- 46:03you've ever been to just think about
- 46:06that for a second
- 46:07so
- 46:08the car wash
- 46:09man-made
- 46:11uh
- 46:12machinery
- 46:13uh that sees a lot of vehicles go
- 46:15through
- 46:16you know on on a rotating basis all the
- 46:19time right
- 46:20and sometimes kate
- 46:23those those machines miss a window
- 46:26mr bumper and when you get there at the
- 46:30end of the line you tell the attendant
- 46:32that usually the attendant right away is
- 46:34like you can go back through or we'll
- 46:36give you a ticket to come back at your
- 46:38own convenience um and you can go back
- 46:40through and get your car wash
- 46:42when it comes to wrongful convictions
- 46:44you go through this man-made process
- 46:47where people are rotating through
- 46:49with so many frequent numbers where
- 46:52where where things happen
- 46:54where mistakes do legitimately happen
- 46:56sometimes where where where where bad
- 46:59apples do happen as well
- 47:00mistakes happen more often than the bad
- 47:03actors in these criminal justice cases
- 47:06and wrongful convictions right so the
- 47:08difference between these two man-made
- 47:09things is this
- 47:12with the car wash people will will get
- 47:15to a resolution like that
- 47:17when it comes to wrongful convictions
- 47:19you literally may not get back to the
- 47:21attendant
- 47:22for 10 years if you're lucky
- 47:24and it's an issue it's a problem we
- 47:27can't care more about
- 47:28uh the bumpers of our cars and the
- 47:31windows of our cars than we do about the
- 47:33lives and i think that that it speaks
- 47:36volumes to
- 47:37you know just our acceptance of what
- 47:40science
- 47:41has taught us
- 47:42what past cases have has taught us you
- 47:45would think that that would speed us up
- 47:47in terms of making decisions in these
- 47:49cases but it just gets so bogged down
- 47:51with the litigation and it's just it's
- 47:53heartbreaking to think that
- 47:55no one has created a task force to go
- 47:58back
- 47:58and
- 47:59relitigate all of these hair analysis
- 48:02cases where
- 48:03the hair expert was
- 48:07the thing that pushed it over
- 48:09right
- 48:10they're not there for a reason kate
- 48:12they're not there just just as
- 48:14decorations they are used
- 48:16to to be the nail
- 48:18you know in the coffin in these cases a
- 48:20lot of times
- 48:22yeah absolutely
- 48:24so i want to look forward a little bit
- 48:26in the time that we have left and i want
- 48:27to encourage people to put questions in
- 48:29the chat if you have them
- 48:31um
- 48:32and we'll try to get to them in the time
- 48:33that we have left
- 48:35um but you know what what you've just
- 48:38said brings up this really important
- 48:40point right which is that right now
- 48:42what we're doing um you know before the
- 48:45the the advent of sifs and before your
- 48:49organization was formed a big part of
- 48:51what we were doing the way we were
- 48:52writing these wrongs was fighting the
- 48:55cases one at a time one at a time
- 48:58whether that's in post-conviction or
- 49:00whether that's you know once we've
- 49:02discovered the errors in the system
- 49:04trying to litigate them on the front end
- 49:05at trial
- 49:07but doing it one at a time
- 49:09and i don't know about you but that
- 49:11feels like banging my head against the
- 49:13wall it is you're spooning water out of
- 49:16the ocean and that's why this is why
- 49:18it's so important
- 49:20and kate mean you had this conversation
- 49:22you know
- 49:23it's so important for us to always
- 49:26work with each other
- 49:28because
- 49:29because
- 49:30divide division is is conquering right
- 49:33um and so you're talking about a system
- 49:36where
- 49:37you you're up against you know a
- 49:39government or or you know a prosecuting
- 49:42body that has at his disposal all type
- 49:45of investigators and investigating
- 49:47bodies and stuff like that that's why
- 49:49it's important for us in the innocence
- 49:50world in an innocence network all folks
- 49:53who are defenders to to to share our
- 49:56synergy and energy with each other
- 49:58having conversations like this on a
- 50:00sunday is important somebody might send
- 50:02us an email kate and say look i want to
- 50:05help you know how do i get what you guys
- 50:07are doing and
- 50:09and put it out there publicly we have a
- 50:10brief bank we have an expert bank as
- 50:13sips there are there are tools there are
- 50:15things that people can find and i'll
- 50:17also say this okay before i before i go
- 50:19because you had mentioned something that
- 50:20made me think about this
- 50:22even though there are cases where
- 50:25there's no dna and stuff like that
- 50:27there's not a case
- 50:29that doesn't involve
- 50:31some form of science and science is the
- 50:35study right of things so you think about
- 50:37it
- 50:38we think about the study of eyewitness
- 50:40identification we think about the study
- 50:43of trauma um explaining things to to to
- 50:47juries or how folks to get it wrong
- 50:48right we we think about you know the
- 50:51study of people in general we think
- 50:53about mitigating factors and stuff like
- 50:54that that's why i beg to beg to argue
- 50:57this
- 50:59science is in every fabric of the
- 51:00criminal justice system
- 51:02so if we want to change it
- 51:05we need to listen to the science
- 51:08absolutely
- 51:10yeah we've gotten another question
- 51:12um we hear things like this all the time
- 51:15why are things not these things not
- 51:16considered a denial of fundamental
- 51:18fairness and why are prosecutors so
- 51:20hellbent on conviction versus justice
- 51:23um that's a great question i i don't
- 51:25think that
- 51:26i'm just speaking for myself i don't
- 51:28think that i have the answer uh the
- 51:30total answer right but i think that
- 51:33there's um a real problem with the way
- 51:36the culture of prosecuting cases has
- 51:38been set up right i think that the
- 51:40playing field is not level and so when
- 51:42prosecutors have all the power
- 51:44um there's not a lot of motivation to
- 51:47change and the truth is i think probably
- 51:49quite a bit of the time prosecutors get
- 51:51cases where they've identified the
- 51:54correct person the perpetrator of the
- 51:55crime people are caught in the act
- 51:57people are you know reported by folks
- 52:00who know them well
- 52:01um
- 52:02all sorts of things so they're getting
- 52:04it right enough of the time that they
- 52:06feel like they're right all of the time
- 52:09i think is a huge part of it
- 52:11i i agree but i i also uh will say this
- 52:14as well too
- 52:15um
- 52:16you're also talking about a culture
- 52:19right
- 52:20and culture is it is important with with
- 52:23you know
- 52:24the atmosphere inside of these
- 52:28offices okay
- 52:29you know oftentimes i'm dealing with
- 52:31prosecutors
- 52:32who i can tell in their hearts apart
- 52:34they don't want to argue make the
- 52:36arguments that they're making their
- 52:37paper and stuff like that but they're
- 52:39doing it just because it's coming where
- 52:40from the top right so i think that this
- 52:43is a cultural thing this is a cultural
- 52:46shift that is happening right now in our
- 52:47society and i think that we what we have
- 52:50to understand is this
- 52:51the criminal justice system is so huge
- 52:53we have to take incremental steps just
- 52:55because it's not happening all at one
- 52:57time doesn't mean that we're not making
- 52:59progress and we are making progress with
- 53:01what we're doing i think that what's
- 53:03important is for us the state of course
- 53:05the more hands come on debt to help you
- 53:07know push this thing along but i think i
- 53:09think to answer that question i think it
- 53:12starts with with with this how do we go
- 53:14from
- 53:16prosecutors standing up and saying
- 53:19put me in office
- 53:20because i got a 99.99 conviction rate
- 53:23and i believe and lock them up and throw
- 53:26away the key
- 53:27how do we go from that
- 53:29getting people almost always into office
- 53:31to
- 53:32vote for me because i'm about what's
- 53:34right i'm about making sure that i
- 53:35protect the community while at the same
- 53:37time protect you know impoverished
- 53:39people who are taken advantage of by the
- 53:41criminal justice system i will use my
- 53:43discretion to make sure that that it's
- 53:45right we don't vote for the latter guy
- 53:47as much as we vote for the first one so
- 53:49i that if the answer to that
- 53:52question
- 53:54in the answer to that that solution for
- 53:56that problem is how we get to to a
- 53:58better criminal justice system we have
- 54:00to literally invest in law schools
- 54:04to invest in our students
- 54:07to give them a well-rounded course of
- 54:10legal experience so that way when they
- 54:12don't go on when they go into these
- 54:14offices they don't go in jaded to just
- 54:16believing they know and have an
- 54:18experience that not all things
- 54:21are are right outcomes and sometimes
- 54:24you know as difficult as it is you just
- 54:27gotta do what is right okay
- 54:30that's right i completely agree yeah and
- 54:32i think specifically as it relates to
- 54:33forensic science you know we've seen
- 54:35prosecutors organizations like the
- 54:37national district attorney's association
- 54:39when faced with this
- 54:41just objective scientific evidence that
- 54:44certain techniques and processes are are
- 54:46unjust are wrong far too much of the
- 54:49time they've been so unwilling to
- 54:51abandon these tools that they've gotten
- 54:53used to using and when a tool doesn't
- 54:55work we have to discard it you can't
- 54:57just keep using the old busted tool yeah
- 55:00yeah i mean you're absolutely right you
- 55:02know all i act what i what we i think i
- 55:04speak for the innocence world when i say
- 55:06this in the innocence network innocence
- 55:08world all those uh supporters as well
- 55:12um
- 55:13we saw
- 55:15a ridiculous amount of money
- 55:17spent on
- 55:19uh the war on drugs and then resulted in
- 55:23a mass incarceration
- 55:25we just want to see a fraction of that
- 55:28money
- 55:29spent on
- 55:30the systematical things that we no need
- 55:32changed
- 55:33the the the allowing
- 55:36um science to lead us to a better
- 55:39criminal justice system in our society
- 55:42uh using experts to explain the trauma
- 55:46that is in these communities because
- 55:47these communities aren't dealing with
- 55:49post-traumatic anything it's persistent
- 55:52traumatic stress persistent traumatic
- 55:54stress creates you know the
- 55:56over-incarceration and and allowing the
- 55:58people to look at a certain group of
- 56:00people and say oh well they probably
- 56:01deserve it or anything like that i i
- 56:03just want to see what's fair kate and i
- 56:05don't think that we're asking for for
- 56:07for too much for for the the playing
- 56:10field to be level i don't think we're
- 56:12asking for too much i don't think we're
- 56:13asking too much by requesting and
- 56:15requiring a prosecutor's office a fbi
- 56:18organization
- 56:20of whoever it is to to take the lead
- 56:24on fixing
- 56:25the mistakes
- 56:26that science has told us we made we've
- 56:30just gotten this incredible uh layup in
- 56:33the chat thank you
- 56:34shahbaz
- 56:35uh that says even the guilty deserve
- 56:37justice and that's exactly right that's
- 56:40a huge part of our mission here at the
- 56:42center for integrity and forensic
- 56:43sciences we are not exclusively an
- 56:45innocence organization
- 56:47because everyone deserves a fair trial
- 56:49even if you seem really guilty at the
- 56:52outset of your case you still deserve to
- 56:54have nobody lie during your trial nobody
- 56:57hide evidence from you nobody used
- 56:59techniques that are now known to be
- 57:01wrong to prosecute you also it is kate
- 57:04there's the study there's this here's
- 57:06science again
- 57:07so science is so important in cases
- 57:11where
- 57:11there is guilt
- 57:13because it explains who the person is it
- 57:16explains you know why a crime was
- 57:19committed it explains how
- 57:22locking people up for decades at a time
- 57:24doesn't make us safer it explains how
- 57:27the investment of people who are
- 57:29incarcerated needs to be or repairing
- 57:31people and not warehousing them so trust
- 57:33me great question great point and i hope
- 57:36we didn't come across as if we're just
- 57:38focused on the the innocent scientists
- 57:41because that's not we're focused on the
- 57:43science
- 57:44making us a better society
- 57:48exactly i can't couldn't have said it
- 57:49better myself my friend
- 57:51i'm i'm so grateful to you for not only
- 57:53joining us today but also
- 57:55serving on our board and helping um lead
- 57:57our organization into the right in the
- 57:59right direction and into the future so
- 58:01thank you so so much
- 58:04the opportunity i really do i uh
- 58:07you know um
- 58:09there aren't many
- 58:11exoneree-led
- 58:13um
- 58:15attorney-driven
- 58:17you know
- 58:18wrongful conviction battling um you know
- 58:22people like myself
- 58:23so
- 58:25i pray that what i'm able to do
- 58:27in in in how you guys are are are
- 58:30supporting me and partnering with me i
- 58:33pray that it's inspiration
- 58:35for more to join the cause
- 58:37um as well because diversity equality is
- 58:40how we get to a better society a better
- 58:42criminal justice system and we need to
- 58:45allow
- 58:46scientists and research to lead the
- 58:48charge in there
- 58:50that's exactly right yeah
- 58:52so i want to encourage folks who are
- 58:53interested to
- 58:55um
- 58:56to learn more about the work of the
- 58:58center for integrity in forensic
- 59:00sciences and also the work of jared's
- 59:02organization life after justice um
- 59:05please
- 59:06follow us on social media
- 59:08and feel free to follow our youtube
- 59:11channel this um
- 59:13this
- 59:13oops this talk will be posted on youtube
- 59:17and you'll be able to take a look at it
- 59:18and share it with others um so i
- 59:21encourage you to do that and and you
- 59:23know learn more about this struggle
- 59:27thank you so much jared thank you thank
- 59:29you for having me i look forward to
- 59:31doing this again
- 59:32um and and i look i look listen i'm at
- 59:35science talking about science again yep
- 59:37that science leads us into this new year
- 59:40i pray that everyone goes into this new
- 59:42year happy healthy and safe um and i
- 59:45look forward to doing this again so okay
- 59:47thank you so much jarrett and thank you
- 59:49to everyone have a great rest of your
- 59:51sunday
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