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A Conversation with Jarrett Adams: From Defendant to Defender — Transcript

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  1. 0:00so thank you all so much for joining us
  2. 0:02on a sunday morning um
  3. 0:05it's really
  4. 0:06great to have folks and i'm so excited
  5. 0:09for the opportunity uh to talk with
  6. 0:12jarrett adams about his new
  7. 0:14book redeeming justice um
  8. 0:17i hope that people have had a chance to
  9. 0:19read the book and if not i hope that
  10. 0:20your our conversation today um
  11. 0:23encourages you to do so
  12. 0:25um
  13. 0:26i
  14. 0:28will introduce jarrett briefly
  15. 0:30um but i'm excited for him to tell you
  16. 0:33uh his story himself
  17. 0:36jarrett was 17 years old when an
  18. 0:38all-white jury sentenced him to prison
  19. 0:40uh for a crime he didn't commit
  20. 0:42and he has in the years since that
  21. 0:45happened just become an extraordinary
  22. 0:48advocate both for himself and for others
  23. 0:50um
  24. 0:51after he was freed with the help of the
  25. 0:53wisconsin innocence project he went on
  26. 0:55to college to law school and now
  27. 0:58um to running a growing law firm that is
  28. 1:01dedicated to helping people right wrongs
  29. 1:03after wrongful conviction so welcome
  30. 1:06jarrett thank you so much for joining us
  31. 1:08thank you thank you all for having me i
  32. 1:10appreciate being here i hope that you
  33. 1:12can give folks um on our webinar today
  34. 1:15uh a brief um
  35. 1:17a brief dis explanation or discussion of
  36. 1:21your book and your story and then um
  37. 1:23we'll talk a little bit more about some
  38. 1:25some specifics and we'll answer some
  39. 1:27questions i'm really looking forward to
  40. 1:30having this opportunity to tell people
  41. 1:32about your book and about your what
  42. 1:33you're up to these days yeah
  43. 1:36well thank you again and and the book is
  44. 1:38is is the journey of you know my story
  45. 1:42um and and it's just it's one of these
  46. 1:45things where i can recall like when i
  47. 1:47when i first came home in february of
  48. 1:492007
  49. 1:51and
  50. 1:52you know just trying to pick up the
  51. 1:53pieces and put my life back together and
  52. 1:55it was difficult i mean i it was it was
  53. 1:58you know you're talking about three kids
  54. 2:00is what we were three kids from chicago
  55. 2:03who are accused of a sexual assault by a
  56. 2:07white accuser and
  57. 2:09i i didn't i know
  58. 2:11we were not expecting for
  59. 2:14when
  60. 2:15allegations didn't make sense
  61. 2:18and when
  62. 2:19you know you know you're telling the
  63. 2:20truth we didn't expect that that wasn't
  64. 2:23enough
  65. 2:24and and we had a rude awakening uh we
  66. 2:26didn't realize that it really came down
  67. 2:28to how much resources one had um and the
  68. 2:31type of lawyer that that me and my
  69. 2:35dimitri had so
  70. 2:36it was so much going on with
  71. 2:39the three of us being charged uh dimitri
  72. 2:42never you know uh ravan never spent the
  73. 2:45day in prison or being convicted the
  74. 2:47severed trials uh me and dimitri coming
  75. 2:51home differently i come in i come home
  76. 2:53off of behaviors dimitri misses a
  77. 2:55deadline so it was so much going on kate
  78. 2:58that
  79. 3:00i wanted to tell the story
  80. 3:02from a perspective of
  81. 3:04the ridiculousness that it is sometimes
  82. 3:07with these cases
  83. 3:09and how difficult it is for for someone
  84. 3:12to fight against this monster this
  85. 3:14monstrosity that is the criminal justice
  86. 3:16system so in writing a book i told the
  87. 3:19perspective of
  88. 3:21look at the effects that it has on one's
  89. 3:23family the community
  90. 3:25and look how the justice system is
  91. 3:27suffering as a whole as a result of
  92. 3:31well i it
  93. 3:31to i think that's exactly right and i
  94. 3:33hope that that's what people take away
  95. 3:34from this book i want to take you back a
  96. 3:36little bit to um exactly what you were
  97. 3:39talking about your family and your
  98. 3:40community i i know that um
  99. 3:43you come from a tight-knit loving family
  100. 3:46um but
  101. 3:47maybe for the folks who haven't had a
  102. 3:49chance to read the book it you can
  103. 3:50explain a little bit about your your
  104. 3:52childhood and your family yeah so i grew
  105. 3:54up on the south side of chicago born and
  106. 3:56raised and it was this was in the 80s
  107. 4:00so
  108. 4:01for people who aren't familiar with
  109. 4:03these neighborhoods
  110. 4:04the 80s is around the the war on drug
  111. 4:08it's around the time that crack cocaine
  112. 4:11is basically suffocating the community
  113. 4:13of the communities of color and so
  114. 4:17it was one of these things where from
  115. 4:18the front porch you could see
  116. 4:21the evolving of the neighborhood in a
  117. 4:23bad way so my grandmother and
  118. 4:25grandfather they came from down south
  119. 4:28mississippi and they came with the
  120. 4:30spirit of
  121. 4:31family sticks together you know ain't no
  122. 4:34such thing as them your keys these are
  123. 4:36our kids everyone's gonna be watching
  124. 4:38someone uh so that's the type of family
  125. 4:41it was so it was just like someone's
  126. 4:42always around and stuff like that and
  127. 4:45this heartening thing was
  128. 4:47i realized that that
  129. 4:49when you get in contact with the
  130. 4:51criminal justice system they paint a
  131. 4:53narrative of you as if you were born at
  132. 4:56the scene of your accusation so that's
  133. 4:58the reason why i focused on my family
  134. 5:00and who i was as an upbringing because i
  135. 5:03didn't want people to be confused and
  136. 5:04say okay well well those kids and that's
  137. 5:07just what happens and stuff like that so
  138. 5:10mom
  139. 5:11aunts you know they were the people you
  140. 5:14know who who raised me when my
  141. 5:17grandmother who was the matriarch of the
  142. 5:19family had passed away and so it just it
  143. 5:22was something else and that
  144. 5:25i was fortunate that i had that nucleus
  145. 5:28because kate that's how i was able to
  146. 5:30come home and reintegrate that
  147. 5:31successfully because i had that family
  148. 5:34but a lot of people who go through what
  149. 5:36i've went through they are the last
  150. 5:38leaf
  151. 5:39on their family tree by the time this is
  152. 5:42over
  153. 5:43absolutely yeah
  154. 5:45yeah well you know your story is
  155. 5:47extraordinary in many ways and and one
  156. 5:49way is this loving family who who cared
  157. 5:52so much about you and stuck by you and
  158. 5:54another way is your own resilience and
  159. 5:56resourcefulness so i'd like to talk a
  160. 5:58little bit about that um maybe you can
  161. 6:00give people some context for
  162. 6:03the the case and kind of how it started
  163. 6:06yeah
  164. 6:07so the
  165. 6:07the case
  166. 6:09i i just kept saying to myself this is
  167. 6:11gonna be over with any minute right
  168. 6:14um that's that's the thing that i kept
  169. 6:16saying to myself especially so because
  170. 6:19you know you you had um
  171. 6:21a mistrial declared
  172. 6:24we had
  173. 6:25a total different
  174. 6:27narrative testified to
  175. 6:30that
  176. 6:31was different from what the police
  177. 6:32report was and i mean we were supposed
  178. 6:34to to to i encourage people to get the
  179. 6:37book because
  180. 6:38what i talk about will make sense once
  181. 6:40you read the book but
  182. 6:42there was this
  183. 6:44narrative created and we were just
  184. 6:46dropped into it and that's that's the
  185. 6:48best that i can i can say is that this
  186. 6:50historical depiction of
  187. 6:53the over-criminalization of black boys
  188. 6:55and and and if it's an accusation it has
  189. 6:58to be true because why not they're black
  190. 7:00you know that type of thing was going on
  191. 7:03and it was blatant um in our case and so
  192. 7:07we're accused of a sexual assault the
  193. 7:09only thing is an accusation however the
  194. 7:12accusation doesn't make sense and it
  195. 7:14never made sense kate from the very
  196. 7:16beginning including
  197. 7:18that
  198. 7:20the police knew
  199. 7:22very shortly after this false accusation
  200. 7:25they had a witness statement who
  201. 7:26basically undermined the entire
  202. 7:29narrative of sneaking up a flight of
  203. 7:30stairs walking our way into a room and
  204. 7:33then we flee the building after a gang
  205. 7:35rape as if it was a scene from a movie
  206. 7:37and it was just it was just so
  207. 7:39ridiculous and i kept
  208. 7:41saying to myself
  209. 7:43any minute now you know all right
  210. 7:44where's the where's the who where are
  211. 7:46the pranks at you know other people
  212. 7:48coming out and it never
  213. 7:50happened until 10 years later and it was
  214. 7:53just so difficult and gut-wrenching to
  215. 7:55watch how it played out because
  216. 7:57co-defendant
  217. 7:58uh rovan charges dismissed we thought
  218. 8:01for sure that that would affect both me
  219. 8:04and my remaining co-defendant dmitry and
  220. 8:06it didn't and my mom and my aunts kept
  221. 8:08trying to understand and me with this
  222. 8:10limited high school chicago public
  223. 8:13school education i'm trying to explain
  224. 8:14to them and they don't
  225. 8:16none of us get it so i went to the law
  226. 8:18library okay and i didn't leave that
  227. 8:20place until i finally got it and that
  228. 8:23that
  229. 8:24fortitude
  230. 8:25that tenacity that
  231. 8:27jared never give up
  232. 8:29that came from
  233. 8:31watching how my mom and my aunts never
  234. 8:33gave up and i said if they can't if
  235. 8:35they're not giving up then who am i to
  236. 8:37stop fighting
  237. 8:40right and it took you a little while to
  238. 8:41get there you know just for for folks
  239. 8:44who don't know jarrett and his friends
  240. 8:45ravan and dimitri were uh kids who had
  241. 8:48graduated from college and they went to
  242. 8:51a college party they they um they went
  243. 8:53to a college party and they
  244. 8:55they hooked up with another with a
  245. 8:57college student there and that college
  246. 8:58student later accused them of a sexual
  247. 9:01assault um there were you know you talk
  248. 9:04about this in the book there was a um
  249. 9:06there was an a witness who was never
  250. 9:09interviewed or called um and there were
  251. 9:11other witnesses at this party who who
  252. 9:13could have corroborated what you guys
  253. 9:16were you what you boys were saying that
  254. 9:18you know that this was that you know
  255. 9:21that you were hooking up with another
  256. 9:23student but that's true but that was it
  257. 9:26yeah and i wonder if you can talk a
  258. 9:28little bit about and we have an excerpt
  259. 9:29from the book that i'm going to ask you
  260. 9:31i wonder if you can talk a little bit
  261. 9:32about the way that um
  262. 9:36because i think this illustrates so well
  263. 9:38how
  264. 9:39different um
  265. 9:41people with different resources and get
  266. 9:44different outcomes and some of it was
  267. 9:46like withdrawal right and some of it was
  268. 9:48just rovon's family had more resources
  269. 9:51so i wonder maybe do you want to maybe
  270. 9:52give just a little bit of context for
  271. 9:54that before you
  272. 9:55um read from this part of your book yeah
  273. 9:58right so we're we're all we're all
  274. 10:00charged and rovind had family who stayed
  275. 10:04in wisconsin
  276. 10:06um and the family called down and was
  277. 10:08like look
  278. 10:10yeah i know you guys don't know this but
  279. 10:12wisconsin locks up more black kids per
  280. 10:15capita than any other state this is no
  281. 10:18joke you you guys got to do whatever you
  282. 10:20need to do to get an attorney and and it
  283. 10:23was one of these things kate where all
  284. 10:25of our parents had the same
  285. 10:27thing the same response
  286. 10:29oh you know they didn't do it right and
  287. 10:32it was like
  288. 10:33it we were the only ones in the room who
  289. 10:35didn't realize the truth
  290. 10:37didn't matter in situations like this
  291. 10:39when you're accused and when and it's
  292. 10:41about what you can prove now so
  293. 10:44now we're we're
  294. 10:47two of us me and rovan me and dimitri
  295. 10:50are assigned
  296. 10:51panelist attorneys off of a panelist
  297. 10:54um when the public defender is
  298. 10:56conflicted out if you can't afford an
  299. 10:58attorney they appoint you an attorney
  300. 11:00off of the panel list of attorneys and
  301. 11:02that's the who's who
  302. 11:05you don't know who you're getting it's
  303. 11:06it's a it's a it's a it's a will it's
  304. 11:09you're spinning and you don't know who
  305. 11:11you're getting you don't know your
  306. 11:12qualifications and you don't necessarily
  307. 11:15have a say-so in the matter and who you
  308. 11:17choose which is even more disheartening
  309. 11:20to think that
  310. 11:21there are people on the list appointed
  311. 11:23to represent people and there are no
  312. 11:25checks and balances we would later find
  313. 11:27out that you know my attorney
  314. 11:30was like recently barred
  315. 11:32didn't have any malpractice insurance
  316. 11:35you know it just wasn't qualified to
  317. 11:36take on the case and so you know was the
  318. 11:38story for a lot of the the qualification
  319. 11:41issues with with dimit with dimitri's
  320. 11:44attorney so now we go to trial
  321. 11:48where
  322. 11:49boyle gerald boyle is hired by
  323. 11:52rovan's family and
  324. 11:54boyle was pretty much just leading the
  325. 11:56charge he was asking all the questions
  326. 11:58he was impeaching he was following all
  327. 12:00the motions so at a certain point we
  328. 12:03were declared a mistrial because of what
  329. 12:04the prosecution did the prosecution
  330. 12:07didn't want to let the case to go to the
  331. 12:09jury at the first trial because
  332. 12:11everything in the police report was not
  333. 12:13testified so it was actually inaccurate
  334. 12:15and it was all over the place with the
  335. 12:17accusation
  336. 12:18so
  337. 12:19it was then cape where the fork in the
  338. 12:21road
  339. 12:22happened right where
  340. 12:25we had no idea that rovan's attorney was
  341. 12:28filing motions based on
  342. 12:31dismissing the charges in a case
  343. 12:33outright because of double jeopardy and
  344. 12:34things like that our attorneys didn't
  345. 12:37join in and more importantly they never
  346. 12:39they never told us kate until we made it
  347. 12:41to trial the day of
  348. 12:43and
  349. 12:44that made us make a horrible decision
  350. 12:46that changed the trajectory of me and
  351. 12:48dimitri's life forever
  352. 12:51yeah yeah
  353. 12:53so i hope that you'll read this brief
  354. 12:55passage from um
  355. 12:58from it starts on page 115
  356. 13:00um about
  357. 13:01the dismissal
  358. 13:03um
  359. 13:04of the charges against rovan yeah
  360. 13:07so this is phase 115 through 116. the
  361. 13:10prosecutor dismisses all charges against
  362. 13:12rovan my friend goes home he never
  363. 13:15spends a single night in prison boyle's
  364. 13:17excellent expensive lawyering and i like
  365. 13:19to think the three letters i write set
  366. 13:22roman free i'm jubilant this case is cut
  367. 13:24and dry
  368. 13:25rovon is walked soon i am sure so will
  369. 13:28dimitri and i but we don't the
  370. 13:30prosecutor doesn't dismiss the charges
  371. 13:32against us he says that because our
  372. 13:34lawyers went for no defense strategy and
  373. 13:37didn't call any witnesses he doesn't
  374. 13:39feel that we should be given a new trial
  375. 13:43yeah
  376. 13:44so
  377. 13:45i want to talk about two things related
  378. 13:47to that so so one is um we hear all the
  379. 13:51time about
  380. 13:53you know in the media and sort of
  381. 13:54colloquially about people getting off on
  382. 13:57a technicality yeah right and this is
  383. 14:00like the opposite of that
  384. 14:02yeah this this is
  385. 14:04you guys are kids who got sent to prison
  386. 14:07sort of because of
  387. 14:09technicalities it didn't have anything
  388. 14:10to do with whether or not you did
  389. 14:13something wrong
  390. 14:14yeah this was this was
  391. 14:16you know one of the things that i talk
  392. 14:18about in the book is this and this
  393. 14:19happens a lot in in criminal cases
  394. 14:21involving um the accused being of color
  395. 14:25and the accuser um being being white
  396. 14:29or other you know for the most part and
  397. 14:32so
  398. 14:33what happens is
  399. 14:35there's a filling of the voids
  400. 14:39in the case
  401. 14:41where you know common sense will tell
  402. 14:42you otherwise there's a feeling of that
  403. 14:45with the narrative of
  404. 14:47well well why would why would she why
  405. 14:50would he these with these black boys
  406. 14:52with these black you know and that thing
  407. 14:54continued out throughout like the entire
  408. 14:57trial and it was it was it was just
  409. 15:00it was so
  410. 15:02so eye-opening to realize
  411. 15:05that that was what they were doing and
  412. 15:07the court was allowing it to be done
  413. 15:10you know um you know a prosecutor who
  414. 15:13has a discretion right then and there
  415. 15:16and and i and i and i focus on that for
  416. 15:18a second and i say right then and there
  417. 15:20to do the right thing because
  418. 15:22because
  419. 15:23the discretion
  420. 15:25was all in the power of the prosecutor
  421. 15:28he was the one who decided to dismiss
  422. 15:29the charges against rovana he didn't do
  423. 15:32this for nothing he did this because the
  424. 15:34police officer withheld the the full
  425. 15:37statement and
  426. 15:39he knew its impact on the jury and so at
  427. 15:42that point it was an opportunity to
  428. 15:45allow us to have at the very least a
  429. 15:47fair trial with the evidence of our
  430. 15:49innocence that the jury never heard
  431. 15:51and the prosecutor used his discretion
  432. 15:54not to do it
  433. 15:55not because he felt that we were guilty
  434. 15:58he did it simply because he cared more
  435. 16:01about a victory
  436. 16:02and that's the problem and it's a
  437. 16:04problem that sweeps across our criminal
  438. 16:07justice system
  439. 16:09that's right yeah
  440. 16:10so i i think um that we we talk a lot
  441. 16:14about the inadequacy of your
  442. 16:16representation and how your lawyers went
  443. 16:18with a no defense strategy
  444. 16:21um i mean now you're a lawyer right
  445. 16:23you're seeing cases and defending cases
  446. 16:25and working on cases yeah have you seen
  447. 16:28that before where the lawyer took a no
  448. 16:30defense strategy and and what do you
  449. 16:31think about that yeah so little kate
  450. 16:33that was a that was never a strategy you
  451. 16:35know that was ineptness you know and
  452. 16:37downright negligence um and failing to
  453. 16:40do do one's job that's what that was
  454. 16:42about and that was the excuse that was
  455. 16:44used all in all we went with a no
  456. 16:46defense theory but to answer your
  457. 16:48question absolutely there's a problem
  458. 16:50with adequate representation
  459. 16:52and
  460. 16:53the problem is
  461. 16:55is is systematic and there are things
  462. 16:58that could be done to fix it but they're
  463. 17:00just not simply being done because the
  464. 17:02totality of its of its disproportionate
  465. 17:04effect is happening mainly to people of
  466. 17:07color and what i mean to dig deeper in
  467. 17:09that is this so you're talking about
  468. 17:1270 if not 80 if not higher
  469. 17:15percent of folks accused of of criminal
  470. 17:18crimes are in these impoverished areas
  471. 17:21are
  472. 17:22reliant on public defense
  473. 17:25you're talking about a public defense
  474. 17:26system where on average lawyers
  475. 17:29single public defenders are managing
  476. 17:3240 to 70 cases
  477. 17:35at a time okay if you and i did that in
  478. 17:38the private practice we would be in
  479. 17:39front of the board of bar examiners
  480. 17:41explaining how in the heck could we be
  481. 17:43effective with that much of a caseload
  482. 17:45so you know i look at that and i look
  483. 17:48and i say to myself that there are there
  484. 17:50is designs and flaws in this system that
  485. 17:53is allowing
  486. 17:55and setting up
  487. 17:56unjust convictions wrongful convictions
  488. 17:59over sentencing people pleading guilty
  489. 18:02okay you know how many times i've come
  490. 18:03across people pleading guilty just
  491. 18:05because they want to get out of the
  492. 18:07county jail absolutely because they're
  493. 18:09guilty
  494. 18:10absolutely
  495. 18:11yeah and i think there's an additional
  496. 18:13wrinkle in in the way that your case was
  497. 18:15handled that people might not understand
  498. 18:16if they're not you know they've never
  499. 18:18been system involved and they don't
  500. 18:20um
  501. 18:21you know they don't really understand
  502. 18:22the ins and outs of how this works but
  503. 18:24you were assigned a lawyer from a panel
  504. 18:26which means that a career public
  505. 18:28defender a person who was employed by
  506. 18:31the public defender's office didn't
  507. 18:32handle your case your case was handled
  508. 18:34by
  509. 18:35a private attorney who had agreed to
  510. 18:38accept some public defender cases and i
  511. 18:42mean until recently um it's so it's
  512. 18:45still bad in wisconsin but until
  513. 18:47recently wisconsin was the lowest uh had
  514. 18:50the lowest reimbursement rate for
  515. 18:51private attorneys so they were getting
  516. 18:53paid 40 an hour
  517. 18:55um to take these cases and that might
  518. 18:58sound significant to people who have
  519. 19:00like to get like a regular salary but
  520. 19:02the truth is
  521. 19:03that's that's not enough to cover
  522. 19:06overhead plus if you have clients who
  523. 19:09are paying
  524. 19:10your regular rate if you're a lawyer who
  525. 19:12has clients who are paying your regular
  526. 19:14rate then you know those people are
  527. 19:16going to take precedent and
  528. 19:19yeah i just want people to understand
  529. 19:20that because like again like there are
  530. 19:21plenty of panel attorneys who are great
  531. 19:23who do a really good job regardless of
  532. 19:25the low reimbursement rate because they
  533. 19:27feel passionate about justice and they
  534. 19:28want to make sure people get a fair
  535. 19:29trial but you know two
  536. 19:32lots of other scholars have talked about
  537. 19:34how
  538. 19:35um
  539. 19:36having a having a panel has its own
  540. 19:39set of problems its own slew of problems
  541. 19:41yeah i mean it's it's it's one of these
  542. 19:43things where cake the panel idea was
  543. 19:45necessary it was needed but the problem
  544. 19:48is the checks and balances now you know
  545. 19:50the problem is the lack of the lack of
  546. 19:52resources and then i'll write this
  547. 19:55why can't we have an equal fare system
  548. 19:58that allows resources
  549. 20:00and and and training and re and
  550. 20:03investigative you know resources and
  551. 20:05stuff like that
  552. 20:07on the public defense side on the side
  553. 20:09where a person why does it matter
  554. 20:11that if a person isn't able to afford
  555. 20:15then that distance them from justice it
  556. 20:17shouldn't be i mean in the to to even
  557. 20:19revisit the situation about
  558. 20:22the prosecutor in my case
  559. 20:24you're talking about someone who has
  560. 20:26the the discretion and the authority and
  561. 20:29if people believe if people watching
  562. 20:31this
  563. 20:32believe that the prosecutor's job
  564. 20:34is solely to prosecute
  565. 20:37you're wrong
  566. 20:38it's not
  567. 20:39it's to protect the community it's to
  568. 20:42enforce the laws
  569. 20:44and it's it's it's for justice right and
  570. 20:47that doesn't require someone to do
  571. 20:49nothing but prosecute that requires
  572. 20:51someone to use the power that is that
  573. 20:53discretion to make the right decision
  574. 20:56and and it wasn't it was horribly abused
  575. 20:59in our
  576. 21:00case yeah it definitely sounds like it
  577. 21:04um and and certainly now looking back we
  578. 21:06can see you must have been able to see
  579. 21:08that at the time how did that how did
  580. 21:10that feel to you as a kid
  581. 21:12you know you were very perceptive at
  582. 21:13that age i think i wasn't processing
  583. 21:16like like i am now and who would expect
  584. 21:18me to right when i was a kid i mean kate
  585. 21:20literally i'm sitting there and i'm
  586. 21:22thinking about the chores that i needed
  587. 21:23to do you know once the trial was over
  588. 21:25because i just was assured that it was
  589. 21:27going to be over and end in the fashion
  590. 21:29you know i don't i've
  591. 21:31i've i've been able to take
  592. 21:34what pains me and turn it into a passion
  593. 21:38you know to help others
  594. 21:39but make no mistakes about it it's
  595. 21:41exhausting you know what i mean like
  596. 21:43like dimitri came home three three
  597. 21:45months after i did
  598. 21:46and
  599. 21:47you know he didn't want to get into this
  600. 21:49field and i can understand you know why
  601. 21:52because it is exhausting i just felt
  602. 21:54like i offered
  603. 21:56you know an insight on something that i
  604. 21:58that
  605. 21:59would be helpful to us all if we if we
  606. 22:01listen
  607. 22:03yeah absolutely this is a powerful
  608. 22:04message that you've you've crafted here
  609. 22:06and i and i hope people
  610. 22:08um get a chance to to really dig into it
  611. 22:11because it's it's so so important and
  612. 22:14i mean who better to explain it to
  613. 22:16people who've never been system involved
  614. 22:18than somebody who was wrongfully
  615. 22:19convicted and can tell you exactly about
  616. 22:21how it felt and what it was like
  617. 22:23um after your conviction uh you
  618. 22:26struggled and then ultimately and i
  619. 22:28don't know how much you want to talk
  620. 22:29about that but then ultimately you were
  621. 22:30able to get
  622. 22:32um
  623. 22:33you helped yourself a
  624. 22:35really significant amount and then you
  625. 22:36were also able to secure some help from
  626. 22:38the wisconsin innocence project um
  627. 22:40before we read about the outcome of that
  628. 22:43do you is there anything else you want
  629. 22:44to share with folks yeah i mean i want
  630. 22:47to make sure that this doesn't go
  631. 22:49without being um said
  632. 22:51um
  633. 22:53my story is is
  634. 22:56is amazing in that how i've been able to
  635. 22:58get to where where i am
  636. 23:00but
  637. 23:01um
  638. 23:03it's also amazing that it took all of
  639. 23:06this to get to where i am right and i
  640. 23:08think that we're losing now
  641. 23:10on
  642. 23:11talent
  643. 23:13on folks who can contribute to society
  644. 23:15and
  645. 23:16i'm not here based all on myself like
  646. 23:19the community invested in me and i was
  647. 23:22given the opportunity and so
  648. 23:25i took that opportunity and just worked
  649. 23:27my butt off like is is where i am and so
  650. 23:30now the thing is
  651. 23:33it's important to document how difficult
  652. 23:35it is so that way
  653. 23:37it makes the role
  654. 23:38smoother for those coming behind and
  655. 23:41kate you know as the work that we do
  656. 23:43with sips and in the advancements of
  657. 23:45science and stuff like that we see that
  658. 23:48we're still learning we're still being
  659. 23:50corrected by the science so we know
  660. 23:52people are going to still continue to be
  661. 23:55to be litigated out
  662. 23:57and and we need to educate as many
  663. 23:59lawyers as possible in the courts and
  664. 24:01the judges and the prosecutors and the
  665. 24:04experts themselves right
  666. 24:06right to make sure that we get this
  667. 24:08thing right and i hope people understand
  668. 24:11you know i i don't i don't know if
  669. 24:12people understand how much
  670. 24:14chance goes into an exoneration because
  671. 24:17not to ever diminish the hard and
  672. 24:19difficult work of
  673. 24:21of people who've been wrongfully
  674. 24:22convicted of their lawyers
  675. 24:24um of their families and their
  676. 24:26communities
  677. 24:27there's a significant degree of chance i
  678. 24:29mean just one example is this in order
  679. 24:32to uh get the help of many innocence
  680. 24:35efforts
  681. 24:37an accused or i'm sorry convicted person
  682. 24:40has to be able to
  683. 24:42communicate their story yeah and for
  684. 24:46some folks you know
  685. 24:47for here's a great example so people who
  686. 24:49are um deaf and disabled in prison
  687. 24:53may not not only not be able to write a
  688. 24:55letter
  689. 24:56they might not even be able to to get
  690. 24:59someone to write a letter for them yeah
  691. 25:01a little bit further too kate so as i
  692. 25:04started to to
  693. 25:06just set myself up in this law library
  694. 25:08right and
  695. 25:10i'm there because i needed to learn
  696. 25:12myself but i'm also tutoring folks and
  697. 25:16and stuff like that
  698. 25:17and there's a difference between
  699. 25:19being able to read the words in front of
  700. 25:21you and being able to comprehend
  701. 25:24you know everything and
  702. 25:26i realized that that a great you know
  703. 25:30majority of folks who are trying
  704. 25:33you know and have
  705. 25:34logical innocence claims just think
  706. 25:36about that
  707. 25:37it's hard to follow the legal terms so
  708. 25:39how do we expect people to know the
  709. 25:42terms of the new advancements in science
  710. 25:44right and they're faced with something
  711. 25:46like this that's right that's right
  712. 25:49so let's um what i really want to
  713. 25:51especially focus on and people should
  714. 25:53feel free to put questions in the q a if
  715. 25:55you have questions for us um i've got a
  716. 25:57few already but uh you know if you if
  717. 26:00you want to uh send us some questions
  718. 26:01we're happy to answer them um but you
  719. 26:03know jared one of the things that we've
  720. 26:04talked about before you and i and like
  721. 26:06at other events that we've done is that
  722. 26:08you know what happened to you in prison
  723. 26:11is only and and and with your you know
  724. 26:13involvement with the criminal justice
  725. 26:15system is only one part of your story
  726. 26:18and i do sort of see
  727. 26:20you know and you should uh correct me if
  728. 26:22you don't feel the same way but i do
  729. 26:23sort of see this moment that i'm going
  730. 26:26to ask you to read about
  731. 26:27um from page 170 as the beginning of the
  732. 26:31next chapter of your story yeah yeah no
  733. 26:34not is and i don't like listen
  734. 26:37it's not easy talking about about what
  735. 26:39happened all the time like you're
  736. 26:40literally talking about it all the time
  737. 26:42about what happened and i i don't i want
  738. 26:44people to understand that that
  739. 26:46um
  740. 26:47there is there is trauma in each word
  741. 26:50you know of this story of this of this
  742. 26:52journey
  743. 26:53i think back on how like you just said
  744. 26:55kate how easy it could have been
  745. 26:58for us to be buried in that place like
  746. 26:59my mandatory release would have been
  747. 27:02like 2020 or something like that
  748. 27:04february right now would have been what
  749. 27:06turning 40 registering as a sex offender
  750. 27:09um it just it just i i just i
  751. 27:12you know i shimmer just thinking about
  752. 27:14it um really do but in this this moment
  753. 27:18is is you're right this is when
  754. 27:20uh
  755. 27:22this is when the transformation
  756. 27:24from
  757. 27:26you know jared
  758. 27:27prison lawyer
  759. 27:29trying to get out
  760. 27:31to
  761. 27:32jared
  762. 27:34getting ready to get out
  763. 27:36and needing to get himself
  764. 27:38uh
  765. 27:40some some some help in order to go help
  766. 27:42other folks that's really the best way i
  767. 27:44can sign this up so this is page 170.
  768. 27:48the guard leads me on on the long walk
  769. 27:50to the phone
  770. 27:51he hands me the receiver and backs away
  771. 27:54i expect to hear silence as i wait to be
  772. 27:56passed into the call but i pick up the
  773. 27:58phone and i hear laughter over his
  774. 28:00speakerphone it's as if i'm broken into
  775. 28:02someone's celebration a private party
  776. 28:05the voices speak happily over each other
  777. 28:08and after a moment i make out keith's
  778. 28:09voice and carls and andy's and i swallow
  779. 28:13and say hey it's jared
  780. 28:14jared andy says draw my name out almost
  781. 28:18as if he were singing or shouting at me
  782. 28:20across the room carl keith says why
  783. 28:23don't you tell me wow sure carl pauses
  784. 28:27jared we got some good news
  785. 28:30we won
  786. 28:31you won the habeas appeal
  787. 28:33i cannot speak
  788. 28:34and that was the last word that i wrote
  789. 28:36about about that and i mean i mean it
  790. 28:38was
  791. 28:39it was one of these things where i think
  792. 28:40that even and i i know um
  793. 28:43i was talking to carl about this so carl
  794. 28:45and andy were the law students assigned
  795. 28:48to my case um in the innocence project
  796. 28:50and for people for people who are
  797. 28:51watching who don't know so the innocence
  798. 28:53projects and organizations
  799. 28:55they are in large part supported and and
  800. 28:58can only do what they do because of the
  801. 29:00students and so
  802. 29:01uh the students that i have at the end
  803. 29:04were carl and were andy and they uh carl
  804. 29:08and andy check the website of the
  805. 29:10seventh circuit almost every day to see
  806. 29:12if my decision had been made and and uh
  807. 29:14my decision was made
  808. 29:16uh
  809. 29:17and
  810. 29:18they called and they told me about it
  811. 29:20and so
  812. 29:21i remember you know there was an
  813. 29:23expectation for me to just you know like
  814. 29:25hit me parade but it was just
  815. 29:27i wanted to see
  816. 29:29the bars
  817. 29:30and my rear view mirror
  818. 29:32getting smaller and smaller because it
  819. 29:34just it wasn't going to feel real until
  820. 29:36then okay
  821. 29:37yeah yeah
  822. 29:39but that kicked off a new life for you
  823. 29:41and and you went out of there with
  824. 29:45just this incredible drive to
  825. 29:47change the system so that it didn't
  826. 29:49happen to others um and
  827. 29:52i want to talk about a really
  828. 29:53significant accomplishment um that's
  829. 29:56both
  830. 29:57you know admirable but also
  831. 30:00poetic and so i think you know where i'm
  832. 30:01going i want to talk to you about
  833. 30:03richard buranik yeah can you tell folks
  834. 30:05about your client richard buranik please
  835. 30:08so i um i come home
  836. 30:12i come on february 2007
  837. 30:14uh
  838. 30:15you know i get the much needed help that
  839. 30:17i needed mental health care
  840. 30:19uh family love you know and care you
  841. 30:22know and and then i go on to get my
  842. 30:25associate's degree
  843. 30:26bachelor's degree law degree i did a
  844. 30:29dual fellowship where i clerked in the
  845. 30:30southern district of new york as well as
  846. 30:33the seventh circuit the same circuit
  847. 30:34that overturned my conviction then i
  848. 30:37went on to to work at the innocence
  849. 30:39project with barry shack peter neufeld
  850. 30:41and i uh was assigned a case along with
  851. 30:44bryce vincent and bryce uh who's now at
  852. 30:47the queen's district attorney's office
  853. 30:49running the conviction integrity unit
  854. 30:51a lot of of
  855. 30:53how i'm able to practice now
  856. 30:56what i'm looking for in cases i learned
  857. 30:58it from bryce you know i was with bryce
  858. 31:00for a significant part of the time that
  859. 31:03i was there i also worked with vanessa
  860. 31:05uh nina morrison and and you know a few
  861. 31:08more attorneys who are are there but i
  862. 31:10spent the bulk of my time in court with
  863. 31:12bryce and we were there for three cases
  864. 31:14kevin bailey richard baranek and also
  865. 31:17rodney reed's case that's still being
  866. 31:19litigated right now
  867. 31:20and so
  868. 31:21um
  869. 31:22you know
  870. 31:24i just
  871. 31:25i i'm it's like it was an out-of-body
  872. 31:28experience to be home now it was okay
  873. 31:32well i know i'm not the only one who
  874. 31:34went who who's went through this so what
  875. 31:36is god trying to tell me right
  876. 31:38so i just started to go to school and
  877. 31:39continue to go to school and just before
  878. 31:41you knew it boom i'm here so then once
  879. 31:44i'm with the innocence project we get
  880. 31:46assigned a richard barana case we make
  881. 31:48our way back to wisconsin kate
  882. 31:5110 years to the month
  883. 31:53that i'm released
  884. 31:5410 years to the month and released in
  885. 31:57february of 2007
  886. 31:59february of 2017 i'm representing
  887. 32:01richard buranik along with bryce benjat
  888. 32:05and co council is none other than keith
  889. 32:07finley you know the guy who argued you
  890. 32:10know the reversal of my case in the
  891. 32:12seventh circuit so it was it was is
  892. 32:14apropos the right word to say or or or
  893. 32:17in this um
  894. 32:19boy it's something right it's poetic
  895. 32:23it's beautiful yeah it's a wonderful
  896. 32:25story it really is and that story was
  897. 32:27about science kate yes that's what that
  898. 32:30case was about yes
  899. 32:32and would you say this kicked off your
  900. 32:33your your passion for making sure that
  901. 32:36um for that there are organizations like
  902. 32:38the center for integrity and forensic
  903. 32:40sciences and making sure that fair
  904. 32:42evidence fair scientific evidence is
  905. 32:44what's brought forth in courts not only
  906. 32:46fair but it also this case was the case
  907. 32:48that this is where i got you know my dna
  908. 32:52bones so to speak right this was my my
  909. 32:55uh i think i said second because kevin
  910. 32:57bailey was a dna case too
  911. 32:59but this was the one where you know we
  912. 33:01had the results we're down in the
  913. 33:03minutia
  914. 33:05what is the mitochondr what is
  915. 33:06mitochondrial dna and you know and there
  916. 33:09used to be a time where we could only
  917. 33:10get dna from the hair if the pope was
  918. 33:12included but now it's like boom the
  919. 33:14science is advanced how do you explain
  920. 33:16it how do you t and again what i what i
  921. 33:19said before was key
  922. 33:21okay courts are learning judges are
  923. 33:24learning they're learning too and so
  924. 33:27that's why i realized how important it
  925. 33:29was to have organic organization like
  926. 33:31sips because you're talking about
  927. 33:34not just
  928. 33:36what's going on now but the irreparable
  929. 33:39sometimes damage that was done as a
  930. 33:41result and that's why this is so
  931. 33:44important that richard buranick case
  932. 33:45taught me this
  933. 33:47investigators
  934. 33:49fbi investigators
  935. 33:51used as experts were testifying to
  936. 33:53things that they had no right to
  937. 33:57they were not well founded
  938. 33:59and studies in science has shown that
  939. 34:02they were horribly wrong
  940. 34:04and in those cases
  941. 34:06they're so spread out
  942. 34:08and
  943. 34:09we need to equip lawyers with as much
  944. 34:11knowledge so that way we can teach the
  945. 34:13courts as well as prosecutors need to
  946. 34:15learn and so do the experts who will
  947. 34:18falsely testify to this stuff yeah well
  948. 34:21so for people who don't know richard
  949. 34:22burnick was accused um
  950. 34:25with hair comparison microscopy
  951. 34:29um
  952. 34:30which is and feel free to jump in but
  953. 34:31that's a a procedure that's not used
  954. 34:34very much anymore where um an analyst
  955. 34:37looks at the two hairs under a
  956. 34:38microscope and compares their features
  957. 34:41and then makes a a statement about how
  958. 34:44likely they think that it is that that
  959. 34:46the hairs are from the same person
  960. 34:49um and it's problematic for this wide
  961. 34:52range of reasons right um but one thing
  962. 34:55that that
  963. 34:57is a vein that goes through not only
  964. 34:59microscopic hair comparison analysis but
  965. 35:01also all sorts of other forensic
  966. 35:03sciences
  967. 35:04is that experts
  968. 35:07consistently almost every time they were
  969. 35:10in court
  970. 35:11overstated yes the accuracy of their
  971. 35:14conclusions and the value
  972. 35:17of the evidence um and i assume they did
  973. 35:20that in richard's case too right
  974. 35:21absolutely and think about it like not
  975. 35:23only did they do it but i mean
  976. 35:26they they did it too to the point just
  977. 35:27think about this you're in front of
  978. 35:29juries
  979. 35:30the jury pool is impressionable
  980. 35:33when you get a fbi agent
  981. 35:35testifying and saying i've been with the
  982. 35:38fbi for
  983. 35:39you know 37 years and i've looked at
  984. 35:43thousands and thousands of hairs and
  985. 35:45this hair when you compare it it looks
  986. 35:47like the juries are eating that up right
  987. 35:50you know so they're they're they're
  988. 35:51they're buying that they're going with
  989. 35:52that and in richard's case rich's case
  990. 35:54was first of all
  991. 35:56it was an identification
  992. 35:59that was made
  993. 36:01months
  994. 36:02you know if not over a year and i i
  995. 36:04don't recall exactly it's not in front
  996. 36:06of me months though after it was it was
  997. 36:08an identification made with a photo so
  998. 36:12that was suspect on its own right
  999. 36:14um there was
  1000. 36:16uh evidence of
  1001. 36:18who we believe was a true perpetrator
  1002. 36:20calling
  1003. 36:21the victim's house and doing crank calls
  1004. 36:24that wasn't richard burenick either and
  1005. 36:26it was just it was something so crazy
  1006. 36:29that they would rely on on this hair and
  1007. 36:31then what we found out through other
  1008. 36:34litigation and i believe that if i'm
  1009. 36:36stating this right
  1010. 36:38um
  1011. 36:39it was a memo
  1012. 36:40that we were able to find
  1013. 36:42through litigation that i believe that
  1014. 36:45peter newfield and another group of
  1015. 36:47attorneys were doing on other cases and
  1016. 36:49that's how that's how we realize and
  1017. 36:51came to find out that the fbi themselves
  1018. 36:54had issued a memo saying hey look guys
  1019. 36:57we were actually wrong stop testifying
  1020. 37:00about this here and you would think that
  1021. 37:02that would trigger right
  1022. 37:04you think that that would trigger
  1023. 37:06uh a mass
  1024. 37:09overhaul
  1025. 37:10and a mass review of the cases before
  1026. 37:14and the testimony before and literally
  1027. 37:16it has not
  1028. 37:18right
  1029. 37:19right
  1030. 37:20yeah and that's really significant right
  1031. 37:22because the what the lessons we learn
  1032. 37:24from
  1033. 37:26from wrongful convictions especially
  1034. 37:27those involving
  1035. 37:29dna exoneration
  1036. 37:31is that
  1037. 37:32the sub we can't trust the science right
  1038. 37:35and so we should be going back whenever
  1039. 37:38we find one we should be going back and
  1040. 37:40looking at other similar cases i mean
  1041. 37:42and the innocence efforts are of course
  1042. 37:44trying to do that but it is you know
  1043. 37:46it's this long slog
  1044. 37:49you know like we shouldn't be doing the
  1045. 37:51innocence world and the innocence
  1046. 37:52network should not be doing the job of
  1047. 37:56of of the cleanup um you know should we
  1048. 37:59be assisting absolutely right um
  1049. 38:03you know but we shouldn't be doing this
  1050. 38:05alone it has to be real criminal justice
  1051. 38:08reform
  1052. 38:09can only happen if everybody has an all
  1053. 38:12hands on deck approach like that's
  1054. 38:14that's it you know real criminal justice
  1055. 38:16reform starts with really doing it right
  1056. 38:19and the way that you really do it is
  1057. 38:21working hand in hand to go back and fix
  1058. 38:24what you know was that memo shouldn't
  1059. 38:25have been a memo that was internal that
  1060. 38:28memo should have been an announcement to
  1061. 38:30the entire criminal justice field yep
  1062. 38:33yeah and i want to talk a little bit
  1063. 38:34about that um especially in the context
  1064. 38:36of richard's case and then i have a
  1065. 38:38question from james didcock that's a
  1066. 38:40very good question so i'm excited to get
  1067. 38:42to it but um
  1068. 38:44but one thing i want to ask is that you
  1069. 38:46know we have you had this case
  1070. 38:47and there was new dna testing done that
  1071. 38:51you know technology that that arose that
  1072. 38:53you could now test the dna and you found
  1073. 38:55out it was somebody's dna and then
  1074. 38:57surely the prosecution let him out right
  1075. 39:01no and it goes back again kate to that
  1076. 39:04thing about discretion right you know
  1077. 39:06and
  1078. 39:07now
  1079. 39:08the argument
  1080. 39:10in the in the shift the goal post type
  1081. 39:12of fashion now the argument is well
  1082. 39:15that's not the perpetrator's hair
  1083. 39:16anymore that was a hair that could have
  1084. 39:19been you know in the washing machine or
  1085. 39:21uh floated on there from another item
  1086. 39:24but that's not the theory that was at
  1087. 39:26trial the theory was at trial was this
  1088. 39:28hair was the head left by the
  1089. 39:30perpetrator it was on the bed you know
  1090. 39:32clothing uh bed you know uh uh sheets
  1091. 39:35and this was the perpetrators on on a
  1092. 39:37post conviction when dna adamantly
  1093. 39:40definitively shows that they were wrong
  1094. 39:44now all of a sudden well no it's not the
  1095. 39:46same here well maybe not the same here
  1096. 39:48maybe not the same person maybe we got
  1097. 39:49that wrong but we got everything else
  1098. 39:51right and that's again you know i want
  1099. 39:53people to understand that
  1100. 39:55that when prosecutors decide
  1101. 39:58to fight
  1102. 39:59cases as clear as this
  1103. 40:02they're doing it on your dime
  1104. 40:04are done
  1105. 40:06that's what they're doing
  1106. 40:07and it's it's a problem like these cases
  1107. 40:10take way too long richard you know
  1108. 40:12richard's case
  1109. 40:14in the dna was known for years kate
  1110. 40:17we literally were litigating what we
  1111. 40:19knew for years
  1112. 40:20and
  1113. 40:21we had to do it
  1114. 40:23or or or richard would still be sitting
  1115. 40:25in there yep yeah
  1116. 40:28yeah i mean it happens far too often
  1117. 40:30right you get this incontrovertible
  1118. 40:32powerful evidence and then instead of
  1119. 40:35turning to
  1120. 40:36remedying the wrong
  1121. 40:39um as as we would do in in any other
  1122. 40:43disaster which is exactly what these are
  1123. 40:45right when we have you know plane
  1124. 40:48crashes or horrible medical errors
  1125. 40:51we don't fight about whether the plane
  1126. 40:53crashed we look at the root causes and
  1127. 40:55try to make it better because we know
  1128. 40:58that this bad thing happened yeah and
  1129. 41:01and so i want to get to james's question
  1130. 41:03because i think it's excellent and maybe
  1131. 41:04we can discuss it a little bit so he
  1132. 41:06talk and because this is really
  1133. 41:07important so he said asks while dna
  1134. 41:09evidence is key to providing relief for
  1135. 41:11those wrongfully convicted there are
  1136. 41:13many cases of wrongful conviction that
  1137. 41:15can't be
  1138. 41:16given relief due to the lack of that dna
  1139. 41:19evidence
  1140. 41:20so how can or should innocence efforts
  1141. 41:24you know of course rely heavily on dna
  1142. 41:26evidence um try to move forward in
  1143. 41:28seeking justice when there isn't that
  1144. 41:31incontrovertible dna evidence so i mean
  1145. 41:33it's a great question and it's also what
  1146. 41:35what what we're doing like it at my
  1147. 41:38organization with life out of justice we
  1148. 41:40are actually litigating cases
  1149. 41:42that will lead to precedent you know
  1150. 41:45setting things within our system and we
  1151. 41:48don't just focus on dna um and i think
  1152. 41:51that right now what's going on is this
  1153. 41:54and i know this from my contacts you
  1154. 41:57know my work in the conversations that
  1155. 41:59i'm having
  1156. 42:00innocence projects right now
  1157. 42:02are now moving towards
  1158. 42:05handling more cases that don't
  1159. 42:07necessarily just have dna as as it's you
  1160. 42:10know claimed to innocence um they they
  1161. 42:14of course you know we focus on the
  1162. 42:16science because the science teaches us
  1163. 42:18and it helps us with the with the
  1164. 42:20unrefutable uh uh argument um sometimes
  1165. 42:23in these cases even though in richard's
  1166. 42:24case it was still
  1167. 42:26refuted right but i think that right now
  1168. 42:30you're seeing organizations start to
  1169. 42:33take on more and argue now um false
  1170. 42:36eyewitness or miss eyewitness
  1171. 42:39identification is one thing right i
  1172. 42:42think that uh right now we're starting
  1173. 42:45to evolve and start to investigate where
  1174. 42:48multiple claims of rome doing by
  1175. 42:51officers are now being looked at and
  1176. 42:53deemed as new evidence for other
  1177. 42:55people's cases to be revisited as well
  1178. 42:58and that that's important as well
  1179. 42:59because police misconduct
  1180. 43:02um
  1181. 43:03you know lab misconduct
  1182. 43:06you know most certainly should be
  1183. 43:08considered as new evidence in these
  1184. 43:09cases and to the question that was a
  1185. 43:12great question because there are some
  1186. 43:13folks who
  1187. 43:15the evidence just isn't there anymore
  1188. 43:17you can't find it
  1189. 43:18i'm dealing with a case right now in new
  1190. 43:20york where the evidence is just lost
  1191. 43:22it's unfortunate kate but you know like
  1192. 43:24i know laws of preserving evidence were
  1193. 43:28not always on the books throughout the
  1194. 43:29many different states and in some states
  1195. 43:32they still don't have laws that preserve
  1196. 43:35the evidence to be tested on appeal so
  1197. 43:38it's a struggle to answer that question
  1198. 43:40but the movement is starting to move
  1199. 43:42into handling cases where you know and
  1200. 43:46you can say to yourself look if if if
  1201. 43:48you have a conviction integrity unit
  1202. 43:51i want people to focus on integrity and
  1203. 43:54what that means
  1204. 43:55you know sometimes from reviewing these
  1205. 43:58cases whether it may not be dna evidence
  1206. 44:01or or or dna testing or scientific
  1207. 44:03evidence
  1208. 44:04you know when the case lacks integrity
  1209. 44:07you know when the representation
  1210. 44:09representation is so porous where you
  1211. 44:11can see you know what was what was done
  1212. 44:14wrong in the case um so
  1213. 44:16the innocence networks innocence
  1214. 44:18movements are starting to move towards
  1215. 44:20doing cases where there isn't a lot of
  1216. 44:23dna and evidence and what's happening as
  1217. 44:25a result is the cases of dna the cases
  1218. 44:29of science that are supported
  1219. 44:31they're making it easier for the
  1220. 44:33arguments of non-scientific based
  1221. 44:36innocence cases which we know there are
  1222. 44:38a lot of okay
  1223. 44:40absolutely yeah and i think this is a
  1224. 44:42neat thing to be able to talk about with
  1225. 44:43you because this is part of why
  1226. 44:45our two practices and our two
  1227. 44:47organizations work well together and you
  1228. 44:49know have this unique partnership
  1229. 44:51because you know as um james alluded to
  1230. 44:54in his question
  1231. 44:56you know more than 95
  1232. 44:58of criminal cases do not involve any dna
  1233. 45:01evidence yes right
  1234. 45:03but what we can do and what our
  1235. 45:06organizations do is take the lessons
  1236. 45:09that we've learned from the cases that
  1237. 45:12do have dna evidence and then apply them
  1238. 45:15broadly right so let me give you an
  1239. 45:17example by of what i mean by that if you
  1240. 45:19um have a case um as jarrett did in his
  1241. 45:22early in his practice with hair
  1242. 45:25comparison microscopy they were able to
  1243. 45:28get dna in their case that showed that
  1244. 45:30the hair comparison was incorrect
  1245. 45:32but that doesn't make any other hair
  1246. 45:35case
  1247. 45:36any more correct exactly right yeah so
  1248. 45:39now we can look at all of the hair cases
  1249. 45:42and say whether or not there's dna we
  1250. 45:44know this process is flawed
  1251. 45:46and people who get flawed process
  1252. 45:49deserve new trials everyone should get a
  1253. 45:51fair trial
  1254. 45:53absolutely i mean you know i'll use this
  1255. 45:55analogy right
  1256. 45:56so people so hopefully people can
  1257. 45:59understand what i'm saying
  1258. 46:00i want you to think about the busiest
  1259. 46:02car wash
  1260. 46:03you've ever been to just think about
  1261. 46:06that for a second
  1262. 46:07so
  1263. 46:08the car wash
  1264. 46:09man-made
  1265. 46:11uh
  1266. 46:12machinery
  1267. 46:13uh that sees a lot of vehicles go
  1268. 46:15through
  1269. 46:16you know on on a rotating basis all the
  1270. 46:19time right
  1271. 46:20and sometimes kate
  1272. 46:23those those machines miss a window
  1273. 46:26mr bumper and when you get there at the
  1274. 46:30end of the line you tell the attendant
  1275. 46:32that usually the attendant right away is
  1276. 46:34like you can go back through or we'll
  1277. 46:36give you a ticket to come back at your
  1278. 46:38own convenience um and you can go back
  1279. 46:40through and get your car wash
  1280. 46:42when it comes to wrongful convictions
  1281. 46:44you go through this man-made process
  1282. 46:47where people are rotating through
  1283. 46:49with so many frequent numbers where
  1284. 46:52where where things happen
  1285. 46:54where mistakes do legitimately happen
  1286. 46:56sometimes where where where where bad
  1287. 46:59apples do happen as well
  1288. 47:00mistakes happen more often than the bad
  1289. 47:03actors in these criminal justice cases
  1290. 47:06and wrongful convictions right so the
  1291. 47:08difference between these two man-made
  1292. 47:09things is this
  1293. 47:12with the car wash people will will get
  1294. 47:15to a resolution like that
  1295. 47:17when it comes to wrongful convictions
  1296. 47:19you literally may not get back to the
  1297. 47:21attendant
  1298. 47:22for 10 years if you're lucky
  1299. 47:24and it's an issue it's a problem we
  1300. 47:27can't care more about
  1301. 47:28uh the bumpers of our cars and the
  1302. 47:31windows of our cars than we do about the
  1303. 47:33lives and i think that that it speaks
  1304. 47:36volumes to
  1305. 47:37you know just our acceptance of what
  1306. 47:40science
  1307. 47:41has taught us
  1308. 47:42what past cases have has taught us you
  1309. 47:45would think that that would speed us up
  1310. 47:47in terms of making decisions in these
  1311. 47:49cases but it just gets so bogged down
  1312. 47:51with the litigation and it's just it's
  1313. 47:53heartbreaking to think that
  1314. 47:55no one has created a task force to go
  1315. 47:58back
  1316. 47:58and
  1317. 47:59relitigate all of these hair analysis
  1318. 48:02cases where
  1319. 48:03the hair expert was
  1320. 48:07the thing that pushed it over
  1321. 48:09right
  1322. 48:10they're not there for a reason kate
  1323. 48:12they're not there just just as
  1324. 48:14decorations they are used
  1325. 48:16to to be the nail
  1326. 48:18you know in the coffin in these cases a
  1327. 48:20lot of times
  1328. 48:22yeah absolutely
  1329. 48:24so i want to look forward a little bit
  1330. 48:26in the time that we have left and i want
  1331. 48:27to encourage people to put questions in
  1332. 48:29the chat if you have them
  1333. 48:31um
  1334. 48:32and we'll try to get to them in the time
  1335. 48:33that we have left
  1336. 48:35um but you know what what you've just
  1337. 48:38said brings up this really important
  1338. 48:40point right which is that right now
  1339. 48:42what we're doing um you know before the
  1340. 48:45the the advent of sifs and before your
  1341. 48:49organization was formed a big part of
  1342. 48:51what we were doing the way we were
  1343. 48:52writing these wrongs was fighting the
  1344. 48:55cases one at a time one at a time
  1345. 48:58whether that's in post-conviction or
  1346. 49:00whether that's you know once we've
  1347. 49:02discovered the errors in the system
  1348. 49:04trying to litigate them on the front end
  1349. 49:05at trial
  1350. 49:07but doing it one at a time
  1351. 49:09and i don't know about you but that
  1352. 49:11feels like banging my head against the
  1353. 49:13wall it is you're spooning water out of
  1354. 49:16the ocean and that's why this is why
  1355. 49:18it's so important
  1356. 49:20and kate mean you had this conversation
  1357. 49:22you know
  1358. 49:23it's so important for us to always
  1359. 49:26work with each other
  1360. 49:28because
  1361. 49:29because
  1362. 49:30divide division is is conquering right
  1363. 49:33um and so you're talking about a system
  1364. 49:36where
  1365. 49:37you you're up against you know a
  1366. 49:39government or or you know a prosecuting
  1367. 49:42body that has at his disposal all type
  1368. 49:45of investigators and investigating
  1369. 49:47bodies and stuff like that that's why
  1370. 49:49it's important for us in the innocence
  1371. 49:50world in an innocence network all folks
  1372. 49:53who are defenders to to to share our
  1373. 49:56synergy and energy with each other
  1374. 49:58having conversations like this on a
  1375. 50:00sunday is important somebody might send
  1376. 50:02us an email kate and say look i want to
  1377. 50:05help you know how do i get what you guys
  1378. 50:07are doing and
  1379. 50:09and put it out there publicly we have a
  1380. 50:10brief bank we have an expert bank as
  1381. 50:13sips there are there are tools there are
  1382. 50:15things that people can find and i'll
  1383. 50:17also say this okay before i before i go
  1384. 50:19because you had mentioned something that
  1385. 50:20made me think about this
  1386. 50:22even though there are cases where
  1387. 50:25there's no dna and stuff like that
  1388. 50:27there's not a case
  1389. 50:29that doesn't involve
  1390. 50:31some form of science and science is the
  1391. 50:35study right of things so you think about
  1392. 50:37it
  1393. 50:38we think about the study of eyewitness
  1394. 50:40identification we think about the study
  1395. 50:43of trauma um explaining things to to to
  1396. 50:47juries or how folks to get it wrong
  1397. 50:48right we we think about you know the
  1398. 50:51study of people in general we think
  1399. 50:53about mitigating factors and stuff like
  1400. 50:54that that's why i beg to beg to argue
  1401. 50:57this
  1402. 50:59science is in every fabric of the
  1403. 51:00criminal justice system
  1404. 51:02so if we want to change it
  1405. 51:05we need to listen to the science
  1406. 51:08absolutely
  1407. 51:10yeah we've gotten another question
  1408. 51:12um we hear things like this all the time
  1409. 51:15why are things not these things not
  1410. 51:16considered a denial of fundamental
  1411. 51:18fairness and why are prosecutors so
  1412. 51:20hellbent on conviction versus justice
  1413. 51:23um that's a great question i i don't
  1414. 51:25think that
  1415. 51:26i'm just speaking for myself i don't
  1416. 51:28think that i have the answer uh the
  1417. 51:30total answer right but i think that
  1418. 51:33there's um a real problem with the way
  1419. 51:36the culture of prosecuting cases has
  1420. 51:38been set up right i think that the
  1421. 51:40playing field is not level and so when
  1422. 51:42prosecutors have all the power
  1423. 51:44um there's not a lot of motivation to
  1424. 51:47change and the truth is i think probably
  1425. 51:49quite a bit of the time prosecutors get
  1426. 51:51cases where they've identified the
  1427. 51:54correct person the perpetrator of the
  1428. 51:55crime people are caught in the act
  1429. 51:57people are you know reported by folks
  1430. 52:00who know them well
  1431. 52:01um
  1432. 52:02all sorts of things so they're getting
  1433. 52:04it right enough of the time that they
  1434. 52:06feel like they're right all of the time
  1435. 52:09i think is a huge part of it
  1436. 52:11i i agree but i i also uh will say this
  1437. 52:14as well too
  1438. 52:15um
  1439. 52:16you're also talking about a culture
  1440. 52:19right
  1441. 52:20and culture is it is important with with
  1442. 52:23you know
  1443. 52:24the atmosphere inside of these
  1444. 52:28offices okay
  1445. 52:29you know oftentimes i'm dealing with
  1446. 52:31prosecutors
  1447. 52:32who i can tell in their hearts apart
  1448. 52:34they don't want to argue make the
  1449. 52:36arguments that they're making their
  1450. 52:37paper and stuff like that but they're
  1451. 52:39doing it just because it's coming where
  1452. 52:40from the top right so i think that this
  1453. 52:43is a cultural thing this is a cultural
  1454. 52:46shift that is happening right now in our
  1455. 52:47society and i think that we what we have
  1456. 52:50to understand is this
  1457. 52:51the criminal justice system is so huge
  1458. 52:53we have to take incremental steps just
  1459. 52:55because it's not happening all at one
  1460. 52:57time doesn't mean that we're not making
  1461. 52:59progress and we are making progress with
  1462. 53:01what we're doing i think that what's
  1463. 53:03important is for us the state of course
  1464. 53:05the more hands come on debt to help you
  1465. 53:07know push this thing along but i think i
  1466. 53:09think to answer that question i think it
  1467. 53:12starts with with with this how do we go
  1468. 53:14from
  1469. 53:16prosecutors standing up and saying
  1470. 53:19put me in office
  1471. 53:20because i got a 99.99 conviction rate
  1472. 53:23and i believe and lock them up and throw
  1473. 53:26away the key
  1474. 53:27how do we go from that
  1475. 53:29getting people almost always into office
  1476. 53:31to
  1477. 53:32vote for me because i'm about what's
  1478. 53:34right i'm about making sure that i
  1479. 53:35protect the community while at the same
  1480. 53:37time protect you know impoverished
  1481. 53:39people who are taken advantage of by the
  1482. 53:41criminal justice system i will use my
  1483. 53:43discretion to make sure that that it's
  1484. 53:45right we don't vote for the latter guy
  1485. 53:47as much as we vote for the first one so
  1486. 53:49i that if the answer to that
  1487. 53:52question
  1488. 53:54in the answer to that that solution for
  1489. 53:56that problem is how we get to to a
  1490. 53:58better criminal justice system we have
  1491. 54:00to literally invest in law schools
  1492. 54:04to invest in our students
  1493. 54:07to give them a well-rounded course of
  1494. 54:10legal experience so that way when they
  1495. 54:12don't go on when they go into these
  1496. 54:14offices they don't go in jaded to just
  1497. 54:16believing they know and have an
  1498. 54:18experience that not all things
  1499. 54:21are are right outcomes and sometimes
  1500. 54:24you know as difficult as it is you just
  1501. 54:27gotta do what is right okay
  1502. 54:30that's right i completely agree yeah and
  1503. 54:32i think specifically as it relates to
  1504. 54:33forensic science you know we've seen
  1505. 54:35prosecutors organizations like the
  1506. 54:37national district attorney's association
  1507. 54:39when faced with this
  1508. 54:41just objective scientific evidence that
  1509. 54:44certain techniques and processes are are
  1510. 54:46unjust are wrong far too much of the
  1511. 54:49time they've been so unwilling to
  1512. 54:51abandon these tools that they've gotten
  1513. 54:53used to using and when a tool doesn't
  1514. 54:55work we have to discard it you can't
  1515. 54:57just keep using the old busted tool yeah
  1516. 55:00yeah i mean you're absolutely right you
  1517. 55:02know all i act what i what we i think i
  1518. 55:04speak for the innocence world when i say
  1519. 55:06this in the innocence network innocence
  1520. 55:08world all those uh supporters as well
  1521. 55:12um
  1522. 55:13we saw
  1523. 55:15a ridiculous amount of money
  1524. 55:17spent on
  1525. 55:19uh the war on drugs and then resulted in
  1526. 55:23a mass incarceration
  1527. 55:25we just want to see a fraction of that
  1528. 55:28money
  1529. 55:29spent on
  1530. 55:30the systematical things that we no need
  1531. 55:32changed
  1532. 55:33the the the allowing
  1533. 55:36um science to lead us to a better
  1534. 55:39criminal justice system in our society
  1535. 55:42uh using experts to explain the trauma
  1536. 55:46that is in these communities because
  1537. 55:47these communities aren't dealing with
  1538. 55:49post-traumatic anything it's persistent
  1539. 55:52traumatic stress persistent traumatic
  1540. 55:54stress creates you know the
  1541. 55:56over-incarceration and and allowing the
  1542. 55:58people to look at a certain group of
  1543. 56:00people and say oh well they probably
  1544. 56:01deserve it or anything like that i i
  1545. 56:03just want to see what's fair kate and i
  1546. 56:05don't think that we're asking for for
  1547. 56:07for too much for for the the playing
  1548. 56:10field to be level i don't think we're
  1549. 56:12asking for too much i don't think we're
  1550. 56:13asking too much by requesting and
  1551. 56:15requiring a prosecutor's office a fbi
  1552. 56:18organization
  1553. 56:20of whoever it is to to take the lead
  1554. 56:24on fixing
  1555. 56:25the mistakes
  1556. 56:26that science has told us we made we've
  1557. 56:30just gotten this incredible uh layup in
  1558. 56:33the chat thank you
  1559. 56:34shahbaz
  1560. 56:35uh that says even the guilty deserve
  1561. 56:37justice and that's exactly right that's
  1562. 56:40a huge part of our mission here at the
  1563. 56:42center for integrity and forensic
  1564. 56:43sciences we are not exclusively an
  1565. 56:45innocence organization
  1566. 56:47because everyone deserves a fair trial
  1567. 56:49even if you seem really guilty at the
  1568. 56:52outset of your case you still deserve to
  1569. 56:54have nobody lie during your trial nobody
  1570. 56:57hide evidence from you nobody used
  1571. 56:59techniques that are now known to be
  1572. 57:01wrong to prosecute you also it is kate
  1573. 57:04there's the study there's this here's
  1574. 57:06science again
  1575. 57:07so science is so important in cases
  1576. 57:11where
  1577. 57:11there is guilt
  1578. 57:13because it explains who the person is it
  1579. 57:16explains you know why a crime was
  1580. 57:19committed it explains how
  1581. 57:22locking people up for decades at a time
  1582. 57:24doesn't make us safer it explains how
  1583. 57:27the investment of people who are
  1584. 57:29incarcerated needs to be or repairing
  1585. 57:31people and not warehousing them so trust
  1586. 57:33me great question great point and i hope
  1587. 57:36we didn't come across as if we're just
  1588. 57:38focused on the the innocent scientists
  1589. 57:41because that's not we're focused on the
  1590. 57:43science
  1591. 57:44making us a better society
  1592. 57:48exactly i can't couldn't have said it
  1593. 57:49better myself my friend
  1594. 57:51i'm i'm so grateful to you for not only
  1595. 57:53joining us today but also
  1596. 57:55serving on our board and helping um lead
  1597. 57:57our organization into the right in the
  1598. 57:59right direction and into the future so
  1599. 58:01thank you so so much
  1600. 58:04the opportunity i really do i uh
  1601. 58:07you know um
  1602. 58:09there aren't many
  1603. 58:11exoneree-led
  1604. 58:13um
  1605. 58:15attorney-driven
  1606. 58:17you know
  1607. 58:18wrongful conviction battling um you know
  1608. 58:22people like myself
  1609. 58:23so
  1610. 58:25i pray that what i'm able to do
  1611. 58:27in in in how you guys are are are
  1612. 58:30supporting me and partnering with me i
  1613. 58:33pray that it's inspiration
  1614. 58:35for more to join the cause
  1615. 58:37um as well because diversity equality is
  1616. 58:40how we get to a better society a better
  1617. 58:42criminal justice system and we need to
  1618. 58:45allow
  1619. 58:46scientists and research to lead the
  1620. 58:48charge in there
  1621. 58:50that's exactly right yeah
  1622. 58:52so i want to encourage folks who are
  1623. 58:53interested to
  1624. 58:55um
  1625. 58:56to learn more about the work of the
  1626. 58:58center for integrity in forensic
  1627. 59:00sciences and also the work of jared's
  1628. 59:02organization life after justice um
  1629. 59:05please
  1630. 59:06follow us on social media
  1631. 59:08and feel free to follow our youtube
  1632. 59:11channel this um
  1633. 59:13this
  1634. 59:13oops this talk will be posted on youtube
  1635. 59:17and you'll be able to take a look at it
  1636. 59:18and share it with others um so i
  1637. 59:21encourage you to do that and and you
  1638. 59:23know learn more about this struggle
  1639. 59:27thank you so much jared thank you thank
  1640. 59:29you for having me i look forward to
  1641. 59:31doing this again
  1642. 59:32um and and i look i look listen i'm at
  1643. 59:35science talking about science again yep
  1644. 59:37that science leads us into this new year
  1645. 59:40i pray that everyone goes into this new
  1646. 59:42year happy healthy and safe um and i
  1647. 59:45look forward to doing this again so okay
  1648. 59:47thank you so much jarrett and thank you
  1649. 59:49to everyone have a great rest of your
  1650. 59:51sunday

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