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"A Criminal Injustice" part 2 of 2 - The Marty Tankleff Story (tcbradio interview audio only) — Transcript

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  1. 0:16[Music]
  2. 0:26iction
  3. 0:28infection
  4. 0:31wow greetings everybody welcome back to
  5. 0:33taking care of business last week we had
  6. 0:37such a great show with jel Peter and
  7. 0:40Rick firstman not frisman he's somebody
  8. 0:42else and not Rick Freedman either um
  9. 0:45that we we actually got them to SLE back
  10. 0:49to the station and do another show so
  11. 0:51thank you guys for coming back it's
  12. 0:52almost like we never left you know what
  13. 0:54you know it's like it's like game
  14. 0:56shows when you when you record like you
  15. 0:58know 5 hours in a row you got yourself a
  16. 1:01week um in case you guys don't know uh
  17. 1:04who who are out there listening these
  18. 1:06gentlemen are uh the authors of a
  19. 1:09phenomenal book called a criminal
  20. 1:11Injustice published by Random House it
  21. 1:15it's not just a book about a wrongful
  22. 1:18conviction and the resurrection of a
  23. 1:20life and the trial system it it's about
  24. 1:23the human struggle it's about
  25. 1:26persistence it's about hope it's about
  26. 1:29despair it's about digging and digging
  27. 1:32and digging and you know a lot of times
  28. 1:35people don't feel that it's not worth
  29. 1:37the effort well these guys went through
  30. 1:41a heroic effort a truly heroic effort
  31. 1:44swimming against the tide carrying
  32. 1:46Boulders uphill walking on glass and
  33. 1:49fire to to release a man who is in jail
  34. 1:52for over 6,000 days and and give him
  35. 1:55something that that we take for granted
  36. 1:57our freedom and our Liberty so so
  37. 1:59welcome to our show and last week we
  38. 2:02talked about so many cool things that I
  39. 2:04felt that there
  40. 2:05was another at least another hour out
  41. 2:08there to talk about so again Paul
  42. 2:10solon's our co-host uh thanks Paul Jay
  43. 2:13and Rich thanks so I gota ask we just
  44. 2:15pick up where we left off and if you're
  45. 2:16listening on tcbr radio.com or tcbr r.m
  46. 2:20podcast.com or at a criminal injustice.
  47. 2:24comom on the website somewhere uh we
  48. 2:27love your feedback we love your
  49. 2:28information so J you're hired to handle
  50. 2:31an investigation and during the
  51. 2:34investigation you have the miracle and I
  52. 2:37guess that's the right word the miracle
  53. 2:39of actually holding in your hands at the
  54. 2:42crime scene the murder weapon what was
  55. 2:45that like it was an amazing find and you
  56. 2:48know to to me it was very emotional the
  57. 2:51whole case to me has become emotional
  58. 2:53everything since finding the first
  59. 2:56witness Glenn Harris who led me to the
  60. 2:58pipe uh it's been emotional so to
  61. 3:01actually be told where a pipe was thrown
  62. 3:05possibly 17 years prior and to actually
  63. 3:08go out and find it was amazing now when
  64. 3:12we found the pipe it it was in the
  65. 3:14property of a family that has a lot of
  66. 3:17land and they never had this area
  67. 3:20cleaned so they gave us permission I
  68. 3:23hired a crime scene fellow from the New
  69. 3:25York Police Department I retired and we
  70. 3:28you know we got a metal detector and uh
  71. 3:31the the finding of the pipe was the most
  72. 3:33amazing thing too while Charlie H was
  73. 3:35out there looking with the metal
  74. 3:37detector you know it was a morning had a
  75. 3:39couple of cups of coffee I took a little
  76. 3:41walk on the property and uh while
  77. 3:44relieving myself I I looked down and uh
  78. 3:47I found a pipe and this was the pipe did
  79. 3:52did it hit you right away this was the
  80. 3:54the pipe or did it I mean what was like
  81. 3:56you were looking and it did it Dawn on
  82. 3:59you was or was was it like a a wow kind
  83. 4:01of moment or it was like deductive thing
  84. 4:03no I you know I felt this was the pipe
  85. 4:05because we were all over the property
  86. 4:07and so far there were no other pipes and
  87. 4:10until I walked and it's what the pipe
  88. 4:12looked like now when the pipe was
  89. 4:14recovered we sent it out to Barry shek's
  90. 4:17lab out in uh you know California and
  91. 4:21basically you know unfortunately there
  92. 4:23was no DNA on it because it's been
  93. 4:25weathered for so many years but it was
  94. 4:28consistent to the fact that this pipe
  95. 4:31was out there 17 years it was pitted and
  96. 4:34the the test that they did we were on
  97. 4:36the money wow that's got to be an
  98. 4:39amazing thing oh it was it and that's
  99. 4:42when we started our hearing the 440
  100. 4:44hearing that was a little uh you know
  101. 4:46that started off the hearing and it was
  102. 4:48like a bombshell announcement to the
  103. 4:50press and to the court that we recovered
  104. 4:53the weapon unfortunately the District
  105. 4:55Attorney's Office who we notified and
  106. 4:58you know I was ordered by the attorney
  107. 4:59attorneys not to move the pipe to leave
  108. 5:01it there and what we did we secured it
  109. 5:05they never came the day that I found it
  110. 5:08they never came the next day never
  111. 5:10responded you know when they responded
  112. 5:13about 5 months later that's when they
  113. 5:15came you must have been standing there a
  114. 5:16long time yes I love the spot but that's
  115. 5:20that's when they actually uh you know
  116. 5:22came back to look at where we found the
  117. 5:25pipe but not the actual pipe for you was
  118. 5:27that the
  119. 5:28most pivotal moment for you as an
  120. 5:31investigator or were there other moments
  121. 5:33where you got some testimony or
  122. 5:35something else that really jolted things
  123. 5:38there was well a couple of moments the
  124. 5:41main moment to me I think is what
  125. 5:43started this whole case that brought it
  126. 5:45back into court you know that I found
  127. 5:47Glenn Harris I found Glenn Harris who
  128. 5:50subsequently beca was the driver of the
  129. 5:52car I did some history when I was you
  130. 5:55know looking at the case when Bob Godley
  131. 5:58Godly buil who was m first trial
  132. 6:00attorney gave me the opportunity to come
  133. 6:01to his office and look at the case and
  134. 6:04this was before I decided to take the
  135. 6:05case when I went to his office and
  136. 6:07looked at the case and and read what was
  137. 6:10in there I said you know what this is
  138. 6:11missing something you know what it was
  139. 6:13missing it was missing an
  140. 6:15investigation this kid is sitting in
  141. 6:17jail and and if there was anything that
  142. 6:19I could do for him I had to give him the
  143. 6:22opportunity to finally get the murder of
  144. 6:25his parents case
  145. 6:27investigated and I you know looking
  146. 6:29through the papers and I'm going to jump
  147. 6:31to it I found a gentleman by the name of
  148. 6:33Glenn Harris who is an associate of Joe
  149. 6:36cron now Joe creedon basically will
  150. 6:39become and is the murder of Seymour is
  151. 6:41one of the murders of Seymour and Arley
  152. 6:43tankleff I found Glenn Harris and
  153. 6:46amazingly he was in prison and I started
  154. 6:49a pen pal relationship with this lunatic
  155. 6:53you know he was a really crazy guy but
  156. 6:55he was unbelievable I went to see him
  157. 6:58and you know I said to him Glenn before
  158. 7:00I come up to visit you I if you don't
  159. 7:03have anything please don't bring me all
  160. 7:05the way up there he said Jay come on up
  161. 7:08you might be right so I went up there
  162. 7:10with the expectations of possibly just
  163. 7:13getting some information maybe Joe
  164. 7:15creeden told him something and it it was
  165. 7:18quite a trip I I took Glenn's mother who
  166. 7:21was a former IRS agent and who was very
  167. 7:23you know cordial to me uh we went up we
  168. 7:27stopped to get our hair done and in a in
  169. 7:29a barber shop in Bayside and then we
  170. 7:32went up to the trip to and it was quite
  171. 7:34a long trip and when I got to meet Glenn
  172. 7:37this is the moment that you asked Glenn
  173. 7:39Harris when I met him told me that he
  174. 7:42was the driver of the car that brought
  175. 7:44Peter Kent and Joe cron the night of of
  176. 7:47the incident and the murderers of
  177. 7:49Seymour and Arley
  178. 7:50tankleff but I you know at that point
  179. 7:53there was like mindboggling I'm
  180. 7:55expecting to he well Joe creedon told me
  181. 7:57he was there this is the guy that drove
  182. 7:59the car car nobody knew this nobody you
  183. 8:02know was mty in jail and here we have
  184. 8:04the first actual person that I
  185. 8:07interviewed you know that might have
  186. 8:09been Associated or had some information
  187. 8:11is the driver of the car what what made
  188. 8:14people come
  189. 8:16forward was it was it their conscience
  190. 8:20was it the fact that an innocent man man
  191. 8:22was in jail was it your persistence was
  192. 8:25it a domino effect where one guy kind of
  193. 8:28led the way so the people I think it was
  194. 8:31an accumulation of many things like
  195. 8:33Glenn Harris when when the murder
  196. 8:35happened you know he sat in the car he
  197. 8:38never claimed to had gone in he thought
  198. 8:39he was going there for burglary and
  199. 8:41unfortunately he knew when you know the
  200. 8:44guys came out that something was wrong
  201. 8:45they they weren't coming out with items
  202. 8:47from a burglary and he heard it the next
  203. 8:50morning so he couldn't come forward at
  204. 8:52that time because he was on Parole and
  205. 8:54it's something that stayed with him
  206. 8:57until he had the opportunity now Glenn
  207. 8:59Harris is an outright career criminal
  208. 9:02drug addict thief in all his crimes he's
  209. 9:05been in and out of jail never once laid
  210. 9:07a hand on a person but as for the other
  211. 9:10Witnesses many times people say Jay you
  212. 9:12did a great job wow you know and I'm
  213. 9:15going to say the attorneys too but they
  214. 9:16say Jay what a job you want investigator
  215. 9:18you're like the hero not true the people
  216. 9:22that came forward the Witnesses in this
  217. 9:25case 20 plus Witnesses who came forward
  218. 9:29on their own after you know I found them
  219. 9:31or they they contacted us they came and
  220. 9:34testified to help Marty become free and
  221. 9:39we could not offer them immunity we
  222. 9:41could not you know uh protect them there
  223. 9:43was nothing we could do and all that
  224. 9:45happened to these people where they came
  225. 9:47in to an American courthouse in suffa
  226. 9:50County a priest a nun Joe creedon's
  227. 9:55actual son Joe Jr who Joe Creed
  228. 9:58admitting to to being a participant in
  229. 9:59the murder uh a fellow by the name of
  230. 10:02Joe Gren Joe Gren was part of the first
  231. 10:06time that they attempted to kill Seymour
  232. 10:08tankleff unfortunately it was a Mis hit
  233. 10:12and then you know there was another try
  234. 10:14where they succeeded but Joe gron came
  235. 10:16forward and to told us that you know it
  236. 10:19was supposed to be a robbery like I said
  237. 10:22in in your past show that that tankleff
  238. 10:25was owed a lot of money by Jerry stuman
  239. 10:27he would pick up the money on his son
  240. 10:29night they were to be there waiting to
  241. 10:31make it look like a robbery when he
  242. 10:33would came out they were going to kill
  243. 10:34him take the money which was going to be
  244. 10:36Gren pot and ceden pot and that's and
  245. 10:40Jerry Stow was behind that we had uh you
  246. 10:43know we had Scott glass we had a
  247. 10:46multitude of witnesses that came forward
  248. 10:48and all they did were became humiliated
  249. 10:51by the suffa County district attorney
  250. 10:53that they were nefarious Scoundrels
  251. 10:54Misfits by the the judge would say this
  252. 10:57and so would the district attorney and I
  253. 10:58think rck could fill you in on some of
  254. 11:00that
  255. 11:01too yeah you know you talk about Jay
  256. 11:03said that that he couldn't U the defense
  257. 11:07team couldn't offer people anything they
  258. 11:09also couldn't intimidate people and
  259. 11:12there was a guy Jay just mentioned uh
  260. 11:14Brian Scott glass who um Jay went and
  261. 11:18found because he he'd heard his name
  262. 11:21come up as another of these uh
  263. 11:23characters from that Seldon crowd you
  264. 11:25know with ceden and Kent um and he he
  265. 11:29tried to spent months trying to find him
  266. 11:31uh finally was able to connect with him
  267. 11:34and glass came in and and spoke to Jay
  268. 11:37and the attorneys and said that he had
  269. 11:40been offered this work I'm putting my
  270. 11:42little fingers up in quote marks uh the
  271. 11:45work of of killing the tank lfts um and
  272. 11:48then he had uh declined the work and
  273. 11:51passed it on to Joe
  274. 11:52cedon uh the an Outsourcing yeah right
  275. 11:57what we found out later was that that uh
  276. 12:00that that uh glass didn't have the
  277. 12:02stomach for something like that um but
  278. 12:06uh he was willing to come into court the
  279. 12:09next day actually and testify to that
  280. 12:12the next day comes and glass is nowhere
  281. 12:15to be found and which is what uh Jay was
  282. 12:18was was fearful of because he thought
  283. 12:21that glass uh was not going to come into
  284. 12:24court and uh unless he's watched him
  285. 12:27overnight in a hotel room
  286. 12:30what happened was that glass disappears
  287. 12:34he reappears several months later and
  288. 12:37now is changed the story and claims that
  289. 12:40he made it all up he was just kidding
  290. 12:43around what happened in between was that
  291. 12:46glass had a pending uh uh armed robbery
  292. 12:49charge and would have been a would have
  293. 12:51been a a third felony and would have
  294. 12:53sent him up state for 20 could have been
  295. 12:55for 25 years and suddenly
  296. 13:00glass changes his mind says that he was
  297. 13:03just kidding when he said that and that
  298. 13:05charge
  299. 13:07disappears and so lucky coincidence well
  300. 13:11not only that what was amazing when he
  301. 13:12came to us he also wanted an attorney
  302. 13:15and as I said we could offer our
  303. 13:16Witnesses zero he wanted an attorney
  304. 13:20because he knew that the police were
  305. 13:21looking for him he had no money for an
  306. 13:23attorney who was his attorney Rick his
  307. 13:27attorney turned out to be
  308. 13:29uh the son of a federal judge Leonard
  309. 13:32Wexler William Wexler is the
  310. 13:34son uh Wexler Jr is a pretty major
  311. 13:38attorney in suffa County big cases big
  312. 13:41fees Scott glass is a street street
  313. 13:45criminal with not a penny to his name
  314. 13:47and he winds up with this big deal
  315. 13:49lawyer who's by the way uh sheriff's
  316. 13:52office space with the judge's father and
  317. 13:55the head of the democratic party uh who
  318. 13:57can't make this stuff up
  319. 13:59so the con connections continue across
  320. 14:01the week that we've been uh since we
  321. 14:04started talking about this so I gota ask
  322. 14:06you some Dynamics about the book oh by
  323. 14:09the way you're listening to taken care
  324. 14:10of business tcbr radio.com 89.7 FM wcwp
  325. 14:14broadcasting from the Abrams
  326. 14:15communication on the campus of CW post
  327. 14:17College thank you for listening if you
  328. 14:19want to send us an email TCB radio wcwp
  329. 14:22at yahoo.com all right so when you when
  330. 14:25you had a you know I I wrot I was
  331. 14:27fortunate enough to write aook book and
  332. 14:29get published and all this other stuff
  333. 14:31and it took me 3 years to write my book
  334. 14:33and my book is like a third of the size
  335. 14:34of your book and your book has detail
  336. 14:38and nuance and fact and context the
  337. 14:42little stories you talk about um
  338. 14:45personal stories about things that you
  339. 14:46did in your career Jay and how did you
  340. 14:50you know just you know every book starts
  341. 14:52the same either a blank computer screen
  342. 14:54or a blank pad how how did you go from
  343. 14:58zero to a wealth of information and yet
  344. 15:01I I had the feeling after I read the
  345. 15:02book that you could have written more if
  346. 15:04you wanted to well in fact there was
  347. 15:08more it's U that that had to be cut
  348. 15:11because you know you really can't
  349. 15:12publish how many pages cut rck well well
  350. 15:15I cut I don't want to well I'll say
  351. 15:1760,000 words I cut to get down to the
  352. 15:20book which is still pretty big so this
  353. 15:22is the size of
  354. 15:23exodus by yours but uh I thought you you
  355. 15:27said every book starts the same I going
  356. 15:29to say you know it was a dark and stormy
  357. 15:30night but um no I me I meant you know
  358. 15:33you know the road of 10,000 steps starts
  359. 15:35with with but one and you know how did
  360. 15:38you get from the the first step to the
  361. 15:4010,000th step I mean you have pictures I
  362. 15:44mean you must have had to corroborate
  363. 15:45transcripts and notes and it was just
  364. 15:49accumulating I mean there's sort of this
  365. 15:51two parts to the the material and one is
  366. 15:54the the original case so there were you
  367. 15:57know thousands of pages of a transcript
  368. 15:59from the the trial the pre-trial
  369. 16:00hearings the
  370. 16:02appeals um all kinds of documents police
  371. 16:06reports um and then there's then there's
  372. 16:08the the reinvestigation which is Jay's
  373. 16:10part which which um you know came out of
  374. 16:15a combination of came out of Jay's head
  375. 16:17in terms of his memory of of relating
  376. 16:20things that uh that happened before we
  377. 16:23got together and then at that point kind
  378. 16:26of just being with Jay along it him
  379. 16:29really uh for the next 2 three years and
  380. 16:32talking and just and I'm you know always
  381. 16:34keeping notes of you know what's going
  382. 16:36on and um so it it was just
  383. 16:40accumulating um material upon material
  384. 16:44and uh and then trying to figure out how
  385. 16:46to uh make it coherent did did you guys
  386. 16:49ever have like a documentary in process
  387. 16:52as you were doing like the last couple
  388. 16:54of years did you have people videotaping
  389. 16:56things for you and following you guys
  390. 16:58around
  391. 16:59no wow that would have been cool
  392. 17:00wouldn't it it would be impossible to in
  393. 17:03to investigate this case you know prior
  394. 17:05to Monty's release with with lights
  395. 17:07cameras and action well the closest the
  396. 17:09closest thing 48 hours 48 hours did
  397. 17:12really really good work on this uh they
  398. 17:15did what four segment they they would
  399. 17:18they had a base the first one they did
  400. 17:20and then they would they would do it
  401. 17:22every time there was something new to
  402. 17:23update they would run it again with some
  403. 17:26new stuff and then the all the earlier
  404. 17:28stuff so um they had they were with Jay
  405. 17:33in Florida when he was uh looking for a
  406. 17:36couple Witnesses so they kind of had
  407. 17:37that sort of you know the detective on
  408. 17:39the case um footage and um uh so that
  409. 17:44was you know you got a little sense of
  410. 17:45what what it's like to be Jay you know
  411. 17:47with the the shorts and sandals in
  412. 17:49Florida right my suit and tie right what
  413. 17:51was Marty's family like because it looks
  414. 17:54like they they were very supportive um
  415. 17:57what did they do to help support the
  416. 17:59case I know that they did uh they wrote
  417. 18:01letters and they they did a lot of
  418. 18:03things in court and they always said
  419. 18:04that they were going to fight for his
  420. 18:06freedom what were they like especially
  421. 18:08considering that um the main part of the
  422. 18:10family which is the mother and the
  423. 18:11father were murdered right well I I have
  424. 18:13to tell you know when you speak of Mar's
  425. 18:15family and and knowing them now for
  426. 18:17close to eight or nine years and the the
  427. 18:21you know when you when you watch
  428. 18:22television shows police shows on TV you
  429. 18:26know and people come up to me wow is it
  430. 18:27like this is it like that you cannot
  431. 18:30recreate life you cannot recreate
  432. 18:33emotion of what you know I went through
  433. 18:36the attorneys went through and the
  434. 18:39family I look at a lot of members of
  435. 18:41Mar's family now as my family I mean
  436. 18:44there's a bond between us we cried
  437. 18:47together we we celebrated together on on
  438. 18:49his release we we knew failure we knew
  439. 18:52Victory he's got a wonderful family
  440. 18:55that's I mean the support that they gave
  441. 18:57Marty I mean you have to understand it
  442. 18:59it still costs money to to have a family
  443. 19:01me member in prison I mean stamps alone
  444. 19:05I'm telling you how many letters he
  445. 19:06wrote you know where do you think those
  446. 19:08stamps came from phone calls you know
  447. 19:11reverse charges to call family members
  448. 19:14over all those years you know the
  449. 19:16expense Factor but most of all to Marty
  450. 19:19he was the emotional the emotions of his
  451. 19:21family backing him that's what you know
  452. 19:25helped Marty you know gain his freedom
  453. 19:28it in terms of the okay let's let's talk
  454. 19:29a little bit about the Innocence Project
  455. 19:30because in the last hour we really
  456. 19:31couldn't what what is the innocent
  457. 19:33project what is the Innocence Project
  458. 19:36who is it there
  459. 19:38for
  460. 19:40and how could people help the Innocence
  461. 19:43Project as members of either the legal
  462. 19:45Community the regular Community
  463. 19:46journalists or the like the Innocence
  464. 19:49Project is there for the people that mty
  465. 19:52left behind in prison you know as as a
  466. 19:55former detective I've come to terms now
  467. 19:58work working in the private sector as a
  468. 19:59private investigator that you know what
  469. 20:02mistakes happen we're seeing it more and
  470. 20:04more I mean look at Barry Sheek in the
  471. 20:06who I work with uh you know in his
  472. 20:09Innocence Project where
  473. 20:12approximately if you take a hundred
  474. 20:14people that have been released from
  475. 20:15Barry's group 25% that have been freed
  476. 20:19on DNA that said they didn't do the
  477. 20:22crime 25% of those confess to the crime
  478. 20:26so that tells you something's going on
  479. 20:28the unfortunately in the squad rooms
  480. 20:30either by mistakes or the heart or you
  481. 20:32know it there there are people in jail
  482. 20:34that shouldn't be in there and that's
  483. 20:36what the Innocence Project is for you
  484. 20:38know it's my letters you know they come
  485. 20:41to you know like Mar wrote to me now
  486. 20:43they're coming to me through Marty and
  487. 20:45my own our own innocence group The
  488. 20:48Fortress innocence group and we get tons
  489. 20:50of them not only us I mean Barry sheets
  490. 20:53and there are other you know throughout
  491. 20:55the states the 50 states there are
  492. 20:57innocence groups
  493. 20:58and it happens and we look at these
  494. 21:01letters we go go through them carefully
  495. 21:04if I feel that there might be something
  496. 21:05there we send them an application it's a
  497. 21:0822-page questionnaire and they're going
  498. 21:10to have to pass that test before I'm
  499. 21:12going to go myself and Marty to put
  500. 21:14ourselves on the line and try to sell
  501. 21:16that to a major law firm with their pro
  502. 21:18bono groups to pay our fees you know
  503. 21:22which a discount and investigative fees
  504. 21:24you know to hopefully help these people
  505. 21:26get out and I'll tell you something it's
  506. 21:28the hardest thing in the world to do
  507. 21:30once a person is convicted to get them
  508. 21:32out and especially without DNA and
  509. 21:34that's how Marty came out and you have
  510. 21:36to understand now DNA and Barry's group
  511. 21:39I mean it's going to dwindle down you
  512. 21:42know now the the detectives and police
  513. 21:44departments the FBI they they take DNA
  514. 21:47so the people now that are there prior
  515. 21:50to DNA it's it's almost exhausted so
  516. 21:53it's really the the new innocence groups
  517. 21:56and projects are going to be in
  518. 21:58investigative projects trying to get
  519. 21:59people out on cases that were
  520. 22:01unfortunately you know poorly
  521. 22:03investigated let's talk about you want
  522. 22:05to say something on on the DNA I think
  523. 22:07you know one byproduct of is that uh
  524. 22:10it's raised the bar on cases so that now
  525. 22:14everybody ex you got to have DNA to to
  526. 22:18to uh get somebody out of prison who's
  527. 22:20innocent and you know here's a case
  528. 22:22where there was no DNA to to use and see
  529. 22:25how hard in seven years now part of it
  530. 22:27was you know what was going on in suffa
  531. 22:29County but uh it there for all the cases
  532. 22:33where there's not DNA now they've got to
  533. 22:34face well where's the DNA I'm not going
  534. 22:36to believe anything unless there's some
  535. 22:38DNA proof I noticed in the book that you
  536. 22:41talk a lot about lie detector tests and
  537. 22:44that's really something that us lawyers
  538. 22:46don't really come into contact with and
  539. 22:48it's I guess for the general public all
  540. 22:50they see is on TV I know that um
  541. 22:53polygraphs were used in your
  542. 22:55investigation I'd like you to talk about
  543. 22:57both in terms of the the investigation
  544. 22:59and in terms of the Innocence Project do
  545. 23:01you actually after they fill out their
  546. 23:0322-page questionnaire do they ask to go
  547. 23:05through another hurdle of passing a lie
  548. 23:06detector test in order to really keep
  549. 23:09you guys in the loop I love the
  550. 23:11polygraph we as we all know it's not you
  551. 23:13know it's not admissible in court but as
  552. 23:15an investigator and it's been said many
  553. 23:17times it's a great investigator's tool
  554. 23:20and and the misconception with
  555. 23:22polygraphs it's basically who gives a
  556. 23:24polygraph and I think one of the reasons
  557. 23:26why it's not admissible in courot
  558. 23:28because there's very few controls over
  559. 23:29it I I should I should point out that
  560. 23:31actually there there it's it's usually
  561. 23:34not but there are cases where it has
  562. 23:36been admissible so there is a little bit
  563. 23:38of a in appeals in in motions I not more
  564. 23:42is it the kind of thing where if you
  565. 23:43fail that becomes admissible but if if
  566. 23:45you pass your well that depends on who
  567. 23:48knows who's if the person's getting the
  568. 23:49polygraph but but to go back to your
  569. 23:51question I every you know when when my
  570. 23:55gank came into this case and I knew that
  571. 23:57we found Glen Harris that we're going to
  572. 23:59have you know I did due diligence on my
  573. 24:02Witnesses Monty tankleff was polygraphed
  574. 24:04on September 11th before you know I
  575. 24:07really put my heart into it Mar you
  576. 24:09going to get a polygraph past 911 Glenn
  577. 24:12Harris the driver of the car passed
  578. 24:15Colleen Kovac who gave us some crucial
  579. 24:18information took a polygraph
  580. 24:21passed that gave us and myself the
  581. 24:24abilities to know that you know I have
  582. 24:26confidence in this case and I knew the
  583. 24:28suffk District Attorney's office is
  584. 24:30going to try to beat the hell out of me
  585. 24:32and these Witnesses and and to M's
  586. 24:34defense team they put me through hell
  587. 24:37before I would before I could have a
  588. 24:39witness I had to do a strong due
  589. 24:41diligence on everything that they said
  590. 24:43really had to be corroborated and to
  591. 24:45their credit now one of our Witnesses I
  592. 24:48don't believe was ever found to be a
  593. 24:50liar well I remember reading in the book
  594. 24:52that you gave a statistic about the
  595. 24:55number of people who are willing to give
  596. 24:58polygraphs was indicative that that they
  597. 25:00probably were telling the truth it was
  598. 25:02like a high percentage of something like
  599. 25:03I don't remember the statistic they're
  600. 25:04actually uh it's actually in in um a one
  601. 25:07of the police um the main sort of the
  602. 25:11Bible of of
  603. 25:13interrogations uh cites a figure that
  604. 25:16that that uh you know indicating that um
  605. 25:20suspects who volunteer to take a
  606. 25:24polygraph tend to be innocent and do you
  607. 25:27know who you know requested to take a
  608. 25:30polygraph who Monty tankleff the day
  609. 25:32that he was in the room with James mccre
  610. 25:35he asked to take a polygraph M mccre
  611. 25:38denied his request and on 48 hours while
  612. 25:41being interviewed by eron moriarity
  613. 25:44about that well about the polygraph he
  614. 25:45says well I'm better than a polygraph
  615. 25:48really yeah yeah yeah yeah a great tool
  616. 25:51I mean Jay is when he was a detective
  617. 25:53you know you've you've talked about this
  618. 25:55how it's it's just a it's a it's a tool
  619. 25:57you know if you want to if you're if you
  620. 25:59are a a a competent honorable detective
  621. 26:03you want to know the truth so why not do
  622. 26:06that I mean I don't know you know you're
  623. 26:07telling me the sky is blue I mean I
  624. 26:10could believe you I could say you're
  625. 26:11lying I don't know I so the polygraph
  626. 26:15basically will give me the opportunity
  627. 26:17to know if you're lying or telling the
  628. 26:19truth now if you're coming in here for a
  629. 26:22robbery and I think it did the robbery
  630. 26:25and then you're telling me no no no no
  631. 26:27and then I put you on the polygraph oh
  632. 26:29I'll take the PO and you failed it gives
  633. 26:31me the confidence to go further with you
  634. 26:34all right to keep going that I think I'm
  635. 26:36on the right track and many times if a
  636. 26:39person fails the polygraph and you tell
  637. 26:41them they'll concede C can you beat a
  638. 26:44polygraph if you're a good enough liar
  639. 26:48pathologically and how much does the
  640. 26:50polygraph depend on who's giving it cuz
  641. 26:53will there be interoperator variability
  642. 26:55I I I think you know the answer to a
  643. 26:57question would have to be answered by
  644. 27:00like who IU's Joel reik or who gives a
  645. 27:02polygraph but uh you know as to yes I
  646. 27:06think it depends on who's giving the
  647. 27:08polygraph you know you know that that's
  648. 27:11why the controls of you could take a
  649. 27:14course the Apex course and come out and
  650. 27:16you're a polygraph operator Joel reer
  651. 27:18who does a lot of our polygraphs also
  652. 27:21does polygraphs and teachers for the
  653. 27:23United States defense department I mean
  654. 27:25the guy is impeccable he will not play
  655. 27:29he's straight as an arrow you pass you
  656. 27:31passed you failed you are you're the
  657. 27:33lion and Joel rer to his credit is one
  658. 27:37of the best and I feel confident if I
  659. 27:40would get a young detective or a young
  660. 27:42person just out of school I don't know
  661. 27:44their experience and and I and I think
  662. 27:47you know it really does depend on on the
  663. 27:50expertise and and the experience of the
  664. 27:52operator I I noticed when in the book
  665. 27:55that it seems that and and correct me if
  666. 27:58I'm wrong that when you the polygraphs
  667. 27:59were administered they only asked like
  668. 28:01three or four questions was it really
  669. 28:03that short of a an exam or was that just
  670. 28:05more of the snippet well that's how
  671. 28:06polygraphs are given you you know you
  672. 28:08see sometimes in television or some
  673. 28:10comedies or whatever they're asking them
  674. 28:1230 questions yeah you have like control
  675. 28:15questions you have control questions
  676. 28:17like your date of birth so you know he
  677. 28:20could these are pre-tested question so
  678. 28:21he he's going to read if you're lying or
  679. 28:23not because you you know he knows your
  680. 28:25date of birth and do you know that
  681. 28:27before you when you before you take the
  682. 28:29polygraph test you're going to know the
  683. 28:31questions these are not surprise
  684. 28:33questions and you really have you know
  685. 28:35you can't ask numerous questions do you
  686. 28:39have knowledge of the crime did you
  687. 28:41commit the
  688. 28:42crime Cas you know questions like that
  689. 28:45just to keep them in and the the
  690. 28:47polygraph operator I'll mention name
  691. 28:49Joel rer will go over the questions with
  692. 28:52the subject it's not a surprise what I
  693. 28:55got to ask this question more been
  694. 28:57curiosity but after the person takes the
  695. 29:00polygraph does he actually find out the
  696. 29:03results
  697. 29:05no well I'll tell you why because Joel
  698. 29:07rer and many other polygraph operators
  699. 29:10have to read the tests there's there's
  700. 29:13like three of they they they just don't
  701. 29:15do at one time they do it a couple of
  702. 29:17tests and does he know yes he knows but
  703. 29:21legally he has to read the test you will
  704. 29:24find out maybe within a couple hours or
  705. 29:26the next day but Joel and many other
  706. 29:29operators will not just tell you how you
  707. 29:30did immediately no they'll tell you but
  708. 29:33will they tell the person will they tell
  709. 29:34the subject no no first of all that's
  710. 29:36not their job to tell the subject it's
  711. 29:38my it's their job to tell me and how I
  712. 29:41want to handle or when I want to tell
  713. 29:43the person which will benefit my
  714. 29:45investigation that's when you're going
  715. 29:47to find out you passed or failed W you
  716. 29:49were listening to taking care of
  717. 29:50business on tcbr radio.com 89.7 FM wcwp
  718. 29:55and my guests and my co-host is Paul
  719. 29:58Solomon and my guests are the authors of
  720. 30:01a criminal Injustice it's the story of
  721. 30:04Marty tof's um rescue uh from from
  722. 30:09pretty much uh a life sentence um I
  723. 30:12noticed that you guys talk a lot about
  724. 30:1548 Hours Dr Phil and some other media
  725. 30:19events that happened before the you know
  726. 30:22the book was published could you talk a
  727. 30:23little bit about that and and some of
  728. 30:25the significance of those events
  729. 30:27especially maybe like the Dr Phil um
  730. 30:29show where uh there was some surprise
  731. 30:32information that may have come up or
  732. 30:34everybody kind of looked at their notes
  733. 30:35afterwards and they like is that you
  734. 30:37know like that kind of stuff I'll start
  735. 30:39with it and I'll let Rick finish
  736. 30:41it the media one of the reasons why
  737. 30:44Marty is out today is because Marty had
  738. 30:47a terrific Public public relations group
  739. 30:50behind him uh Lonnie sui Rick fredman he
  740. 30:53put this case out there the case
  741. 30:56multiple times was on 48 Hours it was on
  742. 30:59Dr Phil and every time we AED new
  743. 31:02Witnesses or new people came forward to
  744. 31:04me or on the tip line and I I'll let
  745. 31:07Rick finish the rest of the question on
  746. 31:09on the benefit of this for please give
  747. 31:11the tipline phone number again for our
  748. 31:13audience uh
  749. 31:1471857
  750. 31:164183 completely confidential everything
  751. 31:19is will be confidential all right cool
  752. 31:22have you got any uh tips recently uh
  753. 31:24since the book was published no okay no
  754. 31:28but I'll I'll tell you why though I mean
  755. 31:30because Marty is out since the book is
  756. 31:33published but you know if you know this
  757. 31:35week the Mar's uh Barry Sheek who's now
  758. 31:38Marty's attorney we filed he filed a
  759. 31:41civil case so once again the case is out
  760. 31:44there and Mar is aggressively going to
  761. 31:46pursue you know the murder of his
  762. 31:48parents and I'm still the investigator
  763. 31:50in the case and uh the line has never
  764. 31:53been closed and will be open until Peter
  765. 31:56Kent Joe creedon Jerry stowman and Glenn
  766. 31:59Harris are arrested oh Rick you going to
  767. 32:02say something yeah I I an example of uh
  768. 32:06how the coverage actually led to a
  769. 32:09witness coming forward uh Court TV had a
  770. 32:14another private investigator named Jerry
  771. 32:16Palace did a uh had a documentary series
  772. 32:19called um I think it was called an
  773. 32:21innocent man question mark and so he did
  774. 32:24he did um a film on on the Marty tank
  775. 32:28case and we were talking earlier about
  776. 32:31how Jerry Sturman The Bagel King who was
  777. 32:36behind the murders because of the debt
  778. 32:37he owed to Marty's father um how he was
  779. 32:41friends had a relationship with the lead
  780. 32:43detective James mccre that was hidden
  781. 32:46because mccre
  782. 32:48testified at the original trial that he
  783. 32:51never he never met stman didn't know him
  784. 32:53had never Li never even heard of him um
  785. 32:58um when when this court TV segment aired
  786. 33:01I think it was in around two
  787. 33:032002
  788. 33:05um he he thought there was something
  789. 33:08strange about mccre and stewman did did
  790. 33:11they know each other and in in one of
  791. 33:14these kind of
  792. 33:15voiceovers he they show him going to see
  793. 33:18mccre and interviewing him and as he
  794. 33:20leaves they have a voice over he says he
  795. 33:23says I wondered if there was more of a
  796. 33:25connection between Sturman and
  797. 33:28mccre so um a guy named Leonard leano in
  798. 33:32suffa County was watching that and he
  799. 33:35knew there was a connection between
  800. 33:37Jerry Sturman and James mccre and he
  801. 33:40wound up coming forward to talk about it
  802. 33:43after seeing that so that was a case
  803. 33:46where where some of the publicity really
  804. 33:48triggered some some serious information
  805. 33:50and a classic moment because Lenny leano
  806. 33:52owns a pizzeria and when he came to
  807. 33:55court to testify at our 440 hearing he
  808. 33:57was literally in his pizza uniform wow
  809. 34:00right testifying on the stand in terms
  810. 34:03of uh Seymour cuz this is he he seems
  811. 34:06like a very interesting
  812. 34:08Persona did did he ever do anything to
  813. 34:11protect himself or did he did he feel
  814. 34:14that he had risk out there I mean you
  815. 34:16talk about the Parker game and money and
  816. 34:19Loans I mean there's this this whole
  817. 34:21part of that yeah it's it's an it is an
  818. 34:24interesting question because and it's
  819. 34:26ambiguous because we we it seems that
  820. 34:29there was some fear that there was
  821. 34:31discussion in the family Marty and his
  822. 34:33parents that there there was talk of um
  823. 34:37you know of Sturman threatening because
  824. 34:39there was so much there was a lot of
  825. 34:41fighting going on and pressure and back
  826. 34:43and forth um and uh so people ask then
  827. 34:47then then why would he let stewman into
  828. 34:49the house now this was a poker game
  829. 34:51there were eight guys so I would imagine
  830. 34:54that he felt safe you know there eight
  831. 34:55guys St was the last to leave and I yeah
  832. 34:59really seem we let his guard down
  833. 35:01because uh what seems to have happened
  834. 35:03is that stewman uh actually was out in
  835. 35:06his car in the driveway and let the the
  836. 35:10other the last other person go out out
  837. 35:13the driveway and Sturman seems to have
  838. 35:16gone back in the house and then let you
  839. 35:19know signal to uh cedon and Kent to come
  840. 35:22in so uh you know he he he probably
  841. 35:25could have protected himself
  842. 35:27better did when in your investigation
  843. 35:30did you do like a whole crime scene
  844. 35:32layout and and try to for the court
  845. 35:35system reanimate what actually happened
  846. 35:39under your theory of the case no no no I
  847. 35:43I looked at you know the the trial and
  848. 35:45and some of the evidence at the trial
  849. 35:47and that was the beginning of my
  850. 35:49investigation I mean if you look at the
  851. 35:51trial there was no evidence that you
  852. 35:53know Marty was convicted true but there
  853. 35:55was no evidence
  854. 35:57there you know forensic evidence or
  855. 35:59except for this confession so my my
  856. 36:01focus here was to find people that knew
  857. 36:04what happened in that house uh people
  858. 36:06that might have known the murderers and
  859. 36:08I hit a I I hit a home run with Glenn
  860. 36:10Harris and it opened up the door for me
  861. 36:13to finally actually know to a degree
  862. 36:16what happened in that
  863. 36:17house in in the very
  864. 36:20last um when you were in the Brooklyn
  865. 36:22appeals part of the case did you have
  866. 36:26hope that that was going to be the
  867. 36:27Turning Point given all the setbacks and
  868. 36:29disappointments before or you just kind
  869. 36:32of you know sometimes they tell you it's
  870. 36:33a strategy don't be too hopeful because
  871. 36:36then you won't be crushed well it was a
  872. 36:38lot of fear there because this was going
  873. 36:40to be our last shot I mean we we lost in
  874. 36:43suffa County with all this evidence we
  875. 36:45we we lost so the appell at CT was going
  876. 36:48to be our last day but I I'll tell you
  877. 36:51it it was an amazing day we had Steve
  878. 36:53brogger who was a phenomenal attorney
  879. 36:56that did the one of the arguments on the
  880. 36:58new evidence and he just blew lonard Leo
  881. 37:01away because Steve brocka spoke the
  882. 37:03truth to suff District Attorney's Office
  883. 37:05lato looked totally ridiculous he was
  884. 37:07like a laughing stock with his argument
  885. 37:10before the
  886. 37:12appelit was there any attempts for
  887. 37:15either a pardon either on the state
  888. 37:17level or on the federal level or to
  889. 37:19commute the sentence or I mean did they
  890. 37:21try that track too not that I know of
  891. 37:23not that I know of no and you know
  892. 37:26pardon would would be you know kind of
  893. 37:28an admission of guilt so uh you know
  894. 37:31there's I don't think any reason you
  895. 37:33know to go down that road I mean there
  896. 37:35was uh you know this is this was the the
  897. 37:38the best shot and um you know as long as
  898. 37:41there was any justice in the world I
  899. 37:42think there was reason for Marty and his
  900. 37:45family and the attorneys to be
  901. 37:47optimistic about the Appel division
  902. 37:49because you know it was once it was
  903. 37:51taken out of suffa County uh you take
  904. 37:54that whole factor out of it and these
  905. 37:55are real you know these are serious
  906. 37:58judges and and that that hope you know
  907. 38:01was was confirmed I I actually remember
  908. 38:03being in front of the appell division
  909. 38:05because um I had an appeal there once
  910. 38:08and I was about I was about to get up
  911. 38:10and and one of the judges said you know
  912. 38:12you don't really need to say
  913. 38:14anything because because I we actually
  914. 38:17had a really good shot at what we were
  915. 38:18doing and I just said I need to just say
  916. 38:20something for 15 seconds just to justify
  917. 38:22my
  918. 38:23appearance but they were they were very
  919. 38:25sharp they had read all the p
  920. 38:27that's I couldn't believe that it's a
  921. 38:28really different experience when you go
  922. 38:30to the Appel Division I have to tell you
  923. 38:31right well there there were you know
  924. 38:33they they say don't the lawyer always
  925. 38:35saying don't don't um assume anything
  926. 38:38from the judge's questions you know that
  927. 38:40it means they're leaning one way or the
  928. 38:41other but I think in this case you could
  929. 38:44you know there were things that were
  930. 38:45seemed so clear that they were how they
  931. 38:48were going to rule or how they were
  932. 38:49feeling you know one of the judges uh
  933. 38:52well well lato the the assistant DA uh
  934. 38:56talked talked about the witnesses being
  935. 38:59not credible because they were they
  936. 39:01were into drugs and they had been
  937. 39:03imprisoned some of these some of the
  938. 39:05people in this crowd Who would know what
  939. 39:07happened are not good
  940. 39:09guys
  941. 39:11um and one of the judges challenged him
  942. 39:14and said well Mr lato you use people
  943. 39:17like that all the time as a
  944. 39:19prosecutor isn't that right and and so
  945. 39:22you know sort of knocking that argument
  946. 39:24down and you talk about the judges
  947. 39:26reading everything this was this they
  948. 39:28had a lot to read I mean I mean Tangled
  949. 39:29with papers over how many years you know
  950. 39:32thousands of the transcripts and and and
  951. 39:34that that same judge uh you know new new
  952. 39:39new details and we were talking about
  953. 39:40the knife and he said it would turned
  954. 39:42out to be it was watermelon on that
  955. 39:44knife didn't it you know so things like
  956. 39:46that sort of indicated that where they
  957. 39:48were they were they were educated in
  958. 39:50terms of financing all the expenses were
  959. 39:54there fundraisers how you know I mean a
  960. 39:56family can only afford so much and I
  961. 39:58guess is you can only volunteer so much
  962. 40:01that there must have been crushing
  963. 40:02expenses in terms of just travel and
  964. 40:04forensics and you know time the expenses
  965. 40:07were picked up by Baker Bots I mean all
  966. 40:10the lawyers on Marty's case including
  967. 40:13myself work pro bono I mean an amazing
  968. 40:16amount of money when I had to travel you
  969. 40:18know to go I had to travel to Florida
  970. 40:20couple of times I had other trips to
  971. 40:22interview Witnesses it was always paid
  972. 40:24by Steve Broger and and aot to that
  973. 40:27credit so the family I mean you know
  974. 40:30thank God mty found you know a group of
  975. 40:33attorneys and that's what the Fortress
  976. 40:34group does too to find attorneys that
  977. 40:37will will basically pay for your
  978. 40:39investigation do you know what a uh as
  979. 40:41an attorney could you imagine his legal
  980. 40:44bills what they would have been well
  981. 40:46considering that he was in jail for 17
  982. 40:48years 17 years of billing with vendors
  983. 40:51process servers investigations the
  984. 40:54copies cop filing Fe
  985. 40:56typing you know and you just hit on
  986. 40:59something about 17 years I mean this
  987. 41:01wasn't a case of okay he's convicted he
  988. 41:03goes to prison and then 17 years later
  989. 41:06he has an appeal this was this never
  990. 41:09ended this is really 20 years from you
  991. 41:12know 1988 2008 20 years of endless
  992. 41:16there's always something happened there
  993. 41:18was always an appeal in the works even
  994. 41:20the when the last appeals uh you know
  995. 41:23the Last Hope was even the Supreme Court
  996. 41:25in 1999 or 2000 and then
  997. 41:29immediately you know when that's over
  998. 41:31that's when the letters to to
  999. 41:33investigator starts and one of them
  1000. 41:35going to Jay and Jay starting and then
  1001. 41:37of course seven years of solid you know
  1002. 41:39investigation leading to these appeals
  1003. 41:41did you live and breathe this case did
  1004. 41:43you work on anything else well I lived
  1005. 41:45and breathed this case and it I honestly
  1006. 41:48it affected you know some of my other
  1007. 41:50business you know because my life was
  1008. 41:52this case I mean I had many other cases
  1009. 41:55but my interest was was in Marty I mean
  1010. 41:57once you become part of this you become
  1011. 41:59addicted to this case and you know I
  1012. 42:02never just from reading the book I was
  1013. 42:04yeah my family life was affected and to
  1014. 42:07their credit the support that they gave
  1015. 42:08me like I said you don't know what
  1016. 42:11you're dealing with until you work one
  1017. 42:13of these cases who with the group of
  1018. 42:15characters and witnesses that we had you
  1019. 42:18know but the witnesses I never you know
  1020. 42:20never felt threatened with some of these
  1021. 42:22Witnesses or even the murderers I was
  1022. 42:23more frightened and the people that
  1023. 42:25almost put me in the hospital with the
  1024. 42:27District Attorney's
  1025. 42:29office if you can give me a number how
  1026. 42:31many physical bodies worked on the case
  1027. 42:35in terms of lawyers pargal secretaries
  1028. 42:37investigation investigation support I
  1029. 42:39don't know photographers Messengers I
  1030. 42:41mean you know do you have like was was
  1031. 42:43more than 125 people I would say Mar's
  1032. 42:46attorneys I mean with all the the firms
  1033. 42:49and the support staff of the attorneys
  1034. 42:51that he had would have to be you know
  1035. 42:53and I'm just guessing yeah I think the
  1036. 42:55attorneys
  1037. 42:57um probably numbered a couple of dozen
  1038. 43:00as far as you know just having any even
  1039. 43:02a small piece but the the final appeals
  1040. 43:06which which really had only the major
  1041. 43:07attorneys I think there were 11 named
  1042. 43:12wow and these were all at big big
  1043. 43:15firms um that's the thing about it
  1044. 43:17people you know
  1045. 43:19lawyers obviously
  1046. 43:21Jay but but but but you know lawyers
  1047. 43:24would would get into this and they
  1048. 43:27couldn't let go and even when they you
  1049. 43:29know they would move to a different firm
  1050. 43:31they'd still be part of it you know
  1051. 43:33years later because there was something
  1052. 43:35about this that was such such an
  1053. 43:38injustice and it was so
  1054. 43:40clear and and I think Marty again you
  1055. 43:43know was able to sort of keep people in
  1056. 43:44it that never nobody it's the case
  1057. 43:46nobody ever left and I got I had as a
  1058. 43:48writer I felt it in my you know writer's
  1059. 43:51way and journalist um that it became you
  1060. 43:56know just so consuming because of the
  1061. 43:58you know as a story there was just you
  1062. 44:00couldn't believe every corner you turned
  1063. 44:03there was something else that was
  1064. 44:04incredible is there any part of the
  1065. 44:06story up to now that you still feel is
  1066. 44:09missing as far as a piece or information
  1067. 44:12or do you think you have it all pretty
  1068. 44:14much understood up to where it is today
  1069. 44:17I think we have it pretty much
  1070. 44:18understood I think we're we're right on
  1071. 44:20the money with Who's involved but we we
  1072. 44:23we need unfortunately to get a little
  1073. 44:25more over the hill
  1074. 44:26you know the such as such as well I
  1075. 44:29think we're going to need a little more
  1076. 44:30evidence on Jerry stowman uh it would
  1077. 44:32have been nice and it could have been
  1078. 44:34done uh Peter Kent who is one of the
  1079. 44:37people you know that we've named and we
  1080. 44:39named out of evidence as the murderers
  1081. 44:42when our hearing started Peter K I give
  1082. 44:44you a little description is about 6'4
  1083. 44:46all muscle you know a really scary type
  1084. 44:49of guy that if you saw you would run
  1085. 44:51across the street he was arrested he was
  1086. 44:54in River you know in jail out in suffi
  1087. 44:58county and during the hearing Leonard
  1088. 45:00lato and the DA's investigator Walter
  1089. 45:04walkerthe went to interview him now what
  1090. 45:07do you think this monster of a man did
  1091. 45:09when they walked in he started crying he
  1092. 45:12started crying why would he cry as a
  1093. 45:14good investigator you say oh I got him
  1094. 45:16he was crying because they he thought
  1095. 45:18they were coming now to arrest him on on
  1096. 45:20the tank Clift case what did they tell
  1097. 45:23him and he testified to the I'm not
  1098. 45:26making this up the district attorney and
  1099. 45:29the detective told Peter Kent Peter
  1100. 45:31don't worry about it we know you didn't
  1101. 45:33do it they had him they had him that day
  1102. 45:37that Marty tankleff might have been out
  1103. 45:39of jail maybe five years earlier if they
  1104. 45:41did the right thing wow so in ter I
  1105. 45:45don't want to talk about the current
  1106. 45:47civil case in terms of beyond what it is
  1107. 45:50but just for the people listening
  1108. 45:52there's a current case that was just
  1109. 45:54recently filed it's a civil action what
  1110. 45:57is it about and what does it allege and
  1111. 45:59does it go beyond just Marty's case in
  1112. 46:02general well the civil case was filed
  1113. 46:05this week and basically what they want
  1114. 46:07to know is why this happened why that's
  1115. 46:12what it comes down to why suffk County
  1116. 46:15knew uh many years before the tank Liff
  1117. 46:19case that the detectives I mean the the
  1118. 46:23New York State investigation commission
  1119. 46:24found them to be Li
  1120. 46:26the the suffk county the suffk County
  1121. 46:28Bar Association requested that all uh
  1122. 46:32you know uh interrogations be
  1123. 46:35videotaped the appell at court 10 years
  1124. 46:38from 78 to to like
  1125. 46:4187 10 convictions were overturned from
  1126. 46:43suffk County something was wrong in
  1127. 46:47suffk why did they were on warning I
  1128. 46:51mean they were told how come they didn't
  1129. 46:53do anything and who became a victim
  1130. 46:55Monty tankleff
  1131. 46:57so the main focus of this is why we want
  1132. 47:01to find out why nothing happened in
  1133. 47:04suffk to to change their their systems
  1134. 47:07with the police and the prosecution of
  1135. 47:09these cases with the fa the case was
  1136. 47:11filed where what court federal court or
  1137. 47:14federal cour federal court uh Easter
  1138. 47:16District sou County yes okay and do you
  1139. 47:20know what the complaint asked for as far
  1140. 47:22as damages or relief no I I honestly at
  1141. 47:25this point don't know but you know it's
  1142. 47:27been said how do you put a dollar amount
  1143. 47:29on what Marty tankleff went through but
  1144. 47:32at this point I don't know the dollar
  1145. 47:33amount is he seeking the the wrongful
  1146. 47:35incarceration period as as
  1147. 47:38damages you know I yeah but I basically
  1148. 47:42I would prefer of one of Mon's attorneys
  1149. 47:44they came it was just curious because
  1150. 47:45whatever you may I didn't really get a
  1151. 47:47good sense of what I read in the
  1152. 47:48newspapers what is it what it was
  1153. 47:51exactly about the point of the the case
  1154. 47:54the new case yeah the point of the civil
  1155. 47:56case is that uh the the
  1156. 47:59county uh is is negligent for allowing
  1157. 48:03that that essentially this was a an
  1158. 48:06injustice waiting to happen it's
  1159. 48:08actually Barry shek's quote the other
  1160. 48:10day when it was filed because you had
  1161. 48:12you had
  1162. 48:14mccre uh who had been known to to ped
  1163. 48:17himself in a prior murder case who had a
  1164. 48:20terrible
  1165. 48:21reputation um you had the entire
  1166. 48:23homicide Squad known to to have
  1167. 48:27confessions that were suspect uh and and
  1168. 48:30other procedures that they had that
  1169. 48:32that's why there were so many cases
  1170. 48:34being thrown out so that they were
  1171. 48:36unnoticed they they they they knew that
  1172. 48:38there were terrible things going on
  1173. 48:42and this could have been avoided should
  1174. 48:44have been avoided there's no way that
  1175. 48:46that Marty should have been in this
  1176. 48:48position on that day so I think the
  1177. 48:50essence legally is that's that's where
  1178. 48:52they're coming
  1179. 48:54from because of the case have
  1180. 48:57other people like Marty have they come
  1181. 49:00forward asking to be given the
  1182. 49:04same view or that's why we're getting
  1183. 49:07those letters right and and I'll tell
  1184. 49:09you many letters are coming from suffi
  1185. 49:11County many inmates from suff County
  1186. 49:13prisoners there there are three cases
  1187. 49:16that we know of at least that um of uh
  1188. 49:21murder convictions in suff County from
  1189. 49:23the 1980s that uh
  1190. 49:26are are there's good reason to believe
  1191. 49:28these are innocent men are you working
  1192. 49:30on any of those yes wow yes and two of
  1193. 49:33them two of them we uh we talk about in
  1194. 49:35the book cool that speaking of the book
  1195. 49:39you kind of feel that after you put this
  1196. 49:40book down that you really need to reach
  1197. 49:42for a volume
  1198. 49:43too it is there you know not putting any
  1199. 49:46pressure and you're not under oath or
  1200. 49:48anything like that but will there be
  1201. 49:49sort of a followup in some form either
  1202. 49:52in terms of an Audi book or you know an
  1203. 49:55ebook book or something to talk about so
  1204. 49:57like the where are they now kind of
  1205. 49:59thing I don't think there'll be another
  1206. 50:00book but when when it's usually book
  1207. 50:02comes out in paperback a year after hard
  1208. 50:05cover and so depending on what happens
  1209. 50:08if there further developments you know
  1210. 50:10we might add to the last chapter for
  1211. 50:13that wow and then of course the
  1212. 50:16movie since you brought are are do you
  1213. 50:20hope to put this into uh I would love
  1214. 50:22you know if it if it becomes a movie you
  1215. 50:24know but that's you know beyond our
  1216. 50:26control but we're waiting and I could
  1217. 50:28see alpacino having your part just you
  1218. 50:31know so so let's talk about you guys as
  1219. 50:34individuals because it's amazing this we
  1220. 50:36we've gone through 50 minutes of a
  1221. 50:38second hour on on this topic and it's
  1222. 50:41just it's just blazing what let's talk
  1223. 50:43let's talk a little bit Rick about some
  1224. 50:45of your writing what you've written and
  1225. 50:47and and and what you're working on now
  1226. 50:49as far as projects and things like that
  1227. 50:51well I've written a number of books uh I
  1228. 50:53write I write non-fiction books of all
  1229. 50:56kinds and uh I like to tell stories so I
  1230. 50:59WR you know sort of uh narrative
  1231. 51:01journalism uh one book uh actually the
  1232. 51:04first book that I did I collaborated
  1233. 51:06with my wife Jamie Talon who's a science
  1234. 51:08writer and it was a book about a woman
  1235. 51:10in Upstate New York uh who uh smothered
  1236. 51:13her five babies in succession over a
  1237. 51:16six-year period and it was described to
  1238. 51:19sudden infant death syndrome and a uh a
  1239. 51:23researcher built the whole fraudulent
  1240. 51:26theory of Sids based on this case and it
  1241. 51:28was another sort of Cold Case situation
  1242. 51:31where 20 years later a DA in this case
  1243. 51:33the da was the good guy and went back
  1244. 51:37and you know investigated it and brought
  1245. 51:39her to Justice and also you know sort of
  1246. 51:41exposed the fraud of that so that was uh
  1247. 51:44prior to that I you know and I thought I
  1248. 51:46would never have such a rich story as
  1249. 51:49that and and until this it's uh that's
  1250. 51:53why I don't do true crime books as a
  1251. 51:55rule I mean I've only done I put that in
  1252. 51:57quotes True Crime um this is only the
  1253. 51:59second one over you know between 14
  1254. 52:02years because uh I'm not interested in
  1255. 52:05writing about the murder of the week
  1256. 52:07just some you know uh some uh uh Garden
  1257. 52:11variety story but the Marty story like
  1258. 52:14the other uh the other book was really
  1259. 52:16really different so that's what I do and
  1260. 52:18I I always look for uh I just look for
  1261. 52:21stories that have layers and are not you
  1262. 52:24know that just have some amb it about
  1263. 52:26them and um you know just sort
  1264. 52:29of um pieces of it that could be fit
  1265. 52:33together and make it a a story that
  1266. 52:35people will won't put down can we take
  1267. 52:37take a peek on what you're working on
  1268. 52:39next um I can't say yet okay something
  1269. 52:43in the works but we'll see but maybe
  1270. 52:44we'll get you to talk about on the air
  1271. 52:45in the future all right so Jay tell us
  1272. 52:48about your firm well I have my own
  1273. 52:50private practice which is J saline
  1274. 52:52Associates private investigation and
  1275. 52:54thank God you know uh I said I didn't
  1276. 52:57get paid from the tank lift case but
  1277. 53:00again you know the notoriety has been
  1278. 53:01very good for for my uh career for my
  1279. 53:04business thank God I I deal with a lot
  1280. 53:06of high-profile attorneys and which I
  1281. 53:08get some high-profile cases but I still
  1282. 53:11love to do the innocent cases I was just
  1283. 53:13retained to work on the west me uh the
  1284. 53:16West Memphis 3 case yeah tell me about
  1285. 53:18that well that was a horrible horrible
  1286. 53:21crime in
  1287. 53:221993 in uh West Memphis uh 10 Tennessee
  1288. 53:26three young boys were found murdered and
  1289. 53:29you know mutilated in the water and
  1290. 53:32eventually three young men including my
  1291. 53:34client Damen Eckles were arrested once
  1292. 53:37again based on a false confession it's
  1293. 53:40an amazing case uh it's almost a lot of
  1294. 53:43similarities to tankleff where there's a
  1295. 53:45struggle against the District Attorney's
  1296. 53:47office and uh you know these fellas what
  1297. 53:51I see so far the case was not properly
  1298. 53:54investigated and I'm going to give it to
  1299. 53:56them too I mean I'll be going down uh
  1300. 53:58April 13th and I plan on spending a long
  1301. 54:01period of time off and on down there
  1302. 54:03until I can get these guys home and I'm
  1303. 54:05confident I will right um there's great
  1304. 54:08fruit in Memphis we did a show on that I
  1305. 54:10was there last year and uh there's some
  1306. 54:12great ribs and there's dry rub and wet
  1307. 54:14rub we'll talk about that some other
  1308. 54:16time we're off the air did you have a
  1309. 54:17question yes just only because we are
  1310. 54:20college environment I'd like to ask for
  1311. 54:23on behalf of any writing students who
  1312. 54:25are interested in doing the type of
  1313. 54:27Journalism that you do what advice would
  1314. 54:30you give them well you need to be a
  1315. 54:32reporter I mean that's that's what I am
  1316. 54:34at heart and I started out as a uh I
  1317. 54:37worked at a smaller paper in New Jersey
  1318. 54:39and then I worked at news day uh for 16
  1319. 54:42years as a writer and editor um and I
  1320. 54:46you know I think to to do books you have
  1321. 54:47to sort of take it to another level of
  1322. 54:49of Storytelling and it's got of you know
  1323. 54:51you have to uh you have to do a lot lot
  1324. 54:55of lot of deep reporting and you have to
  1325. 54:58have the ability to to uh write it in a
  1326. 55:01in a way that unfold the story um but
  1327. 55:05but basically uh you know journalism is
  1328. 55:07journalism and so anybody who wants to
  1329. 55:09write should write and do it as much as
  1330. 55:12possible just it's amazing how fast they
  1331. 55:15say I wanted to ask Jay you were a
  1332. 55:17detective for many years yes a New York
  1333. 55:19police detective okay there's a great
  1334. 55:21little story in the book i' loved you to
  1335. 55:22share about some stolen items from
  1336. 55:25canari Brooklyn well when I you know I'm
  1337. 55:28a Jewish detective Jewish cop and I got
  1338. 55:30to canari and and the first case that I
  1339. 55:32that I got was a Torah that was actually
  1340. 55:35stolen from Yeshiva Yeshiva atas in kosi
  1341. 55:38and to make a long story short it's my
  1342. 55:40first case I went out there I I I met
  1343. 55:43the rabbi Rabbi young rice I spoke to
  1344. 55:46him and once again a miracle I I figured
  1345. 55:49let me go speak to the porter because
  1346. 55:51there was no break here so I I called
  1347. 55:54the porter up I told him I'm coming over
  1348. 55:56to his house I want to talk to him I go
  1349. 55:59I get there and I'm walking up the steps
  1350. 56:01I knock on the door he's not there I
  1351. 56:04said well I told him I'm coming you know
  1352. 56:06so as I'm walking down the steps the
  1353. 56:09Torah was in in the garbage can wow this
  1354. 56:12is the first Torah in the history
  1355. 56:13Believe It or Not of the world that was
  1356. 56:16ever recovered and brought back to its
  1357. 56:17proper owner because at that time you
  1358. 56:20you couldn't Mark a Tor to for
  1359. 56:22identification purposes so you know that
  1360. 56:25you know I brought it back to its owner
  1361. 56:27and Rabbi young rice was going to have a
  1362. 56:29function you know for the Torah and
  1363. 56:32there would be a you know a special
  1364. 56:35guest of honor so maybe my ego or
  1365. 56:37whatever I thought it was going to be me
  1366. 56:40right and you know I got there and I'm
  1367. 56:41having a couple of drinks before you
  1368. 56:43know the the actual event there was a
  1369. 56:45cocktail hour and I guess I might have
  1370. 56:47had too many Cocktails so but at that
  1371. 56:50point he tells me well the guest of
  1372. 56:52honor is a Torah and we want you to
  1373. 56:54carry it in and I'll tell you something
  1374. 56:56those things that they I don't know
  1375. 56:59especially when you've had a few [ __ ]
  1376. 57:00right I don't know how I made it to how
  1377. 57:02I made it to the stage but we both got
  1378. 57:05there in one piece wow so as we're
  1379. 57:07wrapping it up wow um give us the
  1380. 57:10information and telephone numbers for
  1381. 57:13Fortress in Fortress innocen group and J
  1382. 57:15southp Associates private investigation
  1383. 57:18could be we could be reached at 516 7591
  1384. 57:221511 with regards to the Marty tank Liff
  1385. 57:25case which is still going on now civil
  1386. 57:27and you know we want to get the right
  1387. 57:28people arrested here the tip line
  1388. 57:3171857 4183 and all calls will be held
  1389. 57:34strictly confidential okay and Rick um
  1390. 57:37your website for for the book is a
  1391. 57:40criminal injustice. okay and what's on
  1392. 57:43the site I know there's a Blog and what
  1393. 57:44else is there well we've got um articles
  1394. 57:46that have been uh written about the book
  1395. 57:48there's there links to uh some
  1396. 57:51interviews including this one and um uh
  1397. 57:55information on the case on us uh the
  1398. 57:58blogs just said y well I can tell you is
  1399. 58:01this if if if you're ever going to throw
  1400. 58:03you those 60,000 words that um that did
  1401. 58:06make the book I'll read them before they
  1402. 58:07go to the
  1403. 58:08garbage I mean the book is that
  1404. 58:10compelling no thank you so so anyway as
  1405. 58:12we wrap this up the book is called a
  1406. 58:13criminal Injustice it's published by
  1407. 58:16random house I'm sure you can get it on
  1408. 58:17Amazon and Barnes & Noble and all those
  1409. 58:19great plac everywhere bookes everywhere
  1410. 58:22it'll probably come out in paperback in
  1411. 58:23a year from now something like yeah all
  1412. 58:25right uh this is a a very compelling
  1413. 58:28story it is uh as a lawyer I could tell
  1414. 58:31you that the book was both well- written
  1415. 58:34intriguing uh the whole the whole
  1416. 58:37criminal justice system was just uh
  1417. 58:39fascinating to watch and to learn from
  1418. 58:43uh you kind of as lawyers you know we
  1419. 58:45tend to only see the same things over
  1420. 58:47and over again and it's useful for us to
  1421. 58:49see um other Traditions to to reflect
  1422. 58:52back on what we need to know in our
  1423. 58:54other cases I'm a civil lawyer and I do
  1424. 58:55commercial cases so anyway uh J Sal
  1425. 58:59Peter thank you for coming and Rick Rick
  1426. 59:01fman not frisman got Sayo to Rick FR out
  1427. 59:04there who's recovering from hip surgery
  1428. 59:06uh we miss you Rick and Paul Solomon uh
  1429. 59:08thanks a lot we appreciate it so again
  1430. 59:10if you want to give us a call here at
  1431. 59:12the station to talk about this you can
  1432. 59:14call us at wcwp we are at tcbr
  1433. 59:18radio.com on the internet tcbr
  1434. 59:21r.y podcast.com for podcasting and you
  1435. 59:25go to iTunes and put the word in TCB
  1436. 59:27radio and you'll catch us there and uh
  1437. 59:30if you want to send us an email uh
  1438. 59:32that's TCB radio wcwp yahoo.com and
  1439. 59:37again the phone number for jel Peter 516
  1440. 59:407591 1511 all right and uh to check out
  1441. 59:44the book go to a criminal
  1442. 59:47injustice. and uh if I were you people
  1443. 59:49I'd be running to Barnes & Noble right
  1444. 59:51now and going getting a cup of coffee
  1445. 59:53and getting that book and starting to
  1446. 59:55read it thanks for listening we'll see
  1447. 59:56you in a week appreciate you listening
  1448. 59:58thanks so much bye

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