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Author Program: Phoebe Zerwick, "Beyond Innocence: The Life Sentence of Darryl Hunt" — Transcript

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  1. 0:00wrote an award-winning series of
  2. 0:02articles for the Winston-Salem Journal
  3. 0:06that and along with the work of Hunt's
  4. 0:08attorney led to DNA evidence that
  5. 0:11exonerated Hunt. But, that's not the end
  6. 0:14of the story as as Phoebe tells it in
  7. 0:17her new book Beyond Innocence.
  8. 0:20It's It is the story of his life. You
  9. 0:23learn about Darryl Hunt. Phoebe's an
  10. 0:26investigative journalist, narrative
  11. 0:28writer, and college professor. Her work
  12. 0:31has been highlighted by organizations
  13. 0:33such as the Nieman Foundation for
  14. 0:36journalism at Harvard, the Investigative
  15. 0:38Reporters and Editors Society, the
  16. 0:41Society of Professional Journalists, the
  17. 0:44Columbia Journalism Review, the North
  18. 0:46Carolina Press Association, and featured
  19. 0:49in the HBO documentary The Trials of
  20. 0:53Darryl Hunt.
  21. 0:54She is the director of journalism
  22. 0:56program at Wake Forest University.
  23. 1:00Joining Phoebe tonight is Tim Tyson. He
  24. 1:03is the senior research scholar at the
  25. 1:06Center for Documentary Studies at Duke
  26. 1:08University and an adjunct professor of
  27. 1:11American Studies at the University of
  28. 1:13North Carolina. He serves on the board
  29. 1:17of the NAACP in North Carolina and the
  30. 1:21UNC executive board for civil rights.
  31. 1:25His most recent book, The Blood of
  32. 1:27Emmett Till, won the 200 and uh 2018
  33. 1:32Robert F. Kennedy Book Award.
  34. 1:34If you have questions, we're going to
  35. 1:36take your questions a little bit later.
  36. 1:38There's a Q&A box at the bottom of the
  37. 1:41screen. Just type your questions in
  38. 1:43there. And at this point, Tim, I'll
  39. 1:46leave this to you and and
  40. 1:49Phoebe, and I'm going to sit back and
  41. 1:51listen.
  42. 1:51Well, thank you.
  43. 1:53Thank you. Yeah,
  44. 1:54Phoebe, it's so good to be with you this
  45. 1:56evening. And I just wanted to
  46. 1:59say that, you know, Beyond Innocence
  47. 2:01uh the life sentence of Darryl Hunt
  48. 2:04is one of the most compelling stories
  49. 2:06I've read in a long time.
  50. 2:08It's beautifully crafted. It's It It
  51. 2:11cuts deep. Once in a while
  52. 2:13a story, a single human story will just
  53. 2:16crack open the world that you think that
  54. 2:19you knew and make you rethink
  55. 2:22uh your assumptions about things.
  56. 2:25And I felt that reading this book, even
  57. 2:27though I've studied these matters for a
  58. 2:29long time.
  59. 2:31I I uh
  60. 2:33I wanted to ask you
  61. 2:35when did you
  62. 2:36come to believe for an absolute
  63. 2:38certainty
  64. 2:40that Darryl Hunt was not
  65. 2:43guilty of
  66. 2:44either of the murders with which he was
  67. 2:46charged?
  68. 2:48Oh, that's a really good question
  69. 2:49because when I was first looking into
  70. 2:52his his case back in 2003 when I was a
  71. 2:56reporter at the Winston-Salem Journal,
  72. 2:58you know, I had my um reporter hat on
  73. 3:01and uh what I was really interested in
  74. 3:05was um trying to understand the case and
  75. 3:08trying to understand what the evidence
  76. 3:11was and really looking at the facts and
  77. 3:13my impulse was to believe him. Um I met
  78. 3:17him in prison in in 2003 and I certainly
  79. 3:21liked him and wanted to believe him, but
  80. 3:25I didn't want to be guided by my
  81. 3:27feelings in this.
  82. 3:29I wanted those those stories I wrote to
  83. 3:31be guided by by the facts. And so
  84. 3:36I
  85. 3:37I I don't know that I can answer when I
  86. 3:39first really believed that he was
  87. 3:41innocent because I was so determined um
  88. 3:45to be more clinical about it. But, you
  89. 3:48know, I would say you know, pretty
  90. 3:50pretty early on in the reporting process
  91. 3:53of of that early work of
  92. 3:55I
  93. 3:56I certainly by the end was completely
  94. 3:59convinced convinced that the case
  95. 4:01against him didn't add up um as far as
  96. 4:05his innocence
  97. 4:08you know I would say probably about
  98. 4:09halfway into the reporting was when I
  99. 4:12really came to think that but I don't
  100. 4:14know that there was an exact turning
  101. 4:15point that I can think of.
  102. 4:18Yeah.
  103. 4:21How did you Who was Darryl Hunt?
  104. 4:24Yeah. So that is that's a really good
  105. 4:27question. So Darryl Hunt was
  106. 4:3019-year-old
  107. 4:32black man teenager you know really young
  108. 4:35person living in Winston-Salem.
  109. 4:37He
  110. 4:39back in 1984 when his life you know took
  111. 4:42this turn he was just a
  112. 4:46he he'd been orphaned he was
  113. 4:48kind of semi-homeless because he was
  114. 4:50unemployed and and really looking for
  115. 4:52work but he'd been raised by his
  116. 4:54grandfather who he really really
  117. 4:56admired. His grandfather had worked for
  118. 4:58the city streets department and what
  119. 5:00Darryl Hunt really wanted was to get it
  120. 5:04get on with the city streets department
  121. 5:06and get married and have children and he
  122. 5:10liked animals and he wanted you know
  123. 5:12some land where to put around on and I
  124. 5:15think that's who he really was and he
  125. 5:18didn't get the chance to to have that
  126. 5:20life when when he was first arrested and
  127. 5:23interviewed by his attorney Mark Rabel
  128. 5:26he talked about what what he really
  129. 5:28wanted was just to lead what he called a
  130. 5:30decent life.
  131. 5:32Um but but all of that was taken away
  132. 5:35from him when when he was arrested and
  133. 5:38charged with this
  134. 5:40horrific crime the rape and murder of a
  135. 5:42young white woman
  136. 5:44and and when that happened
  137. 5:47you know he was a poor black kid in in
  138. 5:50Winston-Salem and to be charged with
  139. 5:52that crime
  140. 5:54um
  141. 5:55is
  142. 5:56once he was arrested, I think his
  143. 5:58conviction was all but inevitable and
  144. 6:01this thing that he really wanted was was
  145. 6:03taken away from him.
  146. 6:06I think maybe most uh
  147. 6:09white people walking down the street
  148. 6:11Mhm.
  149. 6:11uh have a hard time believing that's
  150. 6:15uh someone who's charged with a murder,
  151. 6:17let alone two,
  152. 6:18Yes.
  153. 6:19uh
  154. 6:20just absolutely had nothing whatsoever
  155. 6:24to do with that.
  156. 6:25And uh
  157. 6:28it seemed too that even after the DNA
  158. 6:30that some of uh
  159. 6:32there were some people in Winston-Salem
  160. 6:34who had a hard time
  161. 6:36giving up their
  162. 6:38sense that the safe case had been solved
  163. 6:41and that he was in fact
  164. 6:43guilty. How do you How do you explain
  165. 6:45that or do you can you?
  166. 6:46Uh
  167. 6:47So,
  168. 6:49you know, we're we're all raised to
  169. 6:50believe that in our court system and
  170. 6:53that you're
  171. 6:54innocent until proven guilty, right? And
  172. 6:57that that there are checks and balances
  173. 6:59and that um
  174. 7:01and that we built a system that
  175. 7:03everybody's entitled to a lawyer and
  176. 7:05there opportunities for appeal and
  177. 7:07there's cross-examination and I think
  178. 7:10certainly when I first started working
  179. 7:12on this almost 20 years ago,
  180. 7:15um in general, white people I
  181. 7:18encountered in Winston-Salem thought
  182. 7:20that he must be guilty because by 2003,
  183. 7:24he'd um had two trials, he'd been
  184. 7:26represented by some of the best
  185. 7:28attorneys in North Carolina, he had this
  186. 7:30defense committee that kept his case
  187. 7:32alive. It had been investigated
  188. 7:36twice by two different sets of police
  189. 7:38officers. It gone all the way through
  190. 7:42um the North Carolina Appellate Courts
  191. 7:44and all the way through the uh federal
  192. 7:46appellate court system. And people And
  193. 7:49there were a lot of witnesses who saw
  194. 7:51him at the scene. And so, people tended
  195. 7:54to think that
  196. 7:56you know, how could How could the system
  197. 7:58have missed a truly innocent man? And
  198. 8:02black people I met in Winston-Salem had
  199. 8:05a very different view. I mean, when I
  200. 8:08first started working on this and would
  201. 8:09go around black neighborhoods looking
  202. 8:11for witnesses and people who'd been
  203. 8:13involved in the case and just randomly
  204. 8:15run into people, um, people would say to
  205. 8:18me, "It's a good thing you're taking a
  206. 8:20fresh look at this. That guy was
  207. 8:22railroaded." And I think white people
  208. 8:25and black people in this country have a
  209. 8:27completely different experience of what
  210. 8:30the what our criminal legal system is
  211. 8:32all about. And
  212. 8:34the kind of
  213. 8:37bias or systemic racism that Hunt faced,
  214. 8:41um,
  215. 8:43is is very well understood to to black
  216. 8:46people. The One of my favorite lines in
  217. 8:49the book and from that original series
  218. 8:51that I wrote was, um,
  219. 8:53was from this woman named Estella
  220. 8:55McFadden who lived near where Hunt was
  221. 8:58staying. And she was one of the first
  222. 9:00two or three members of his defense
  223. 9:02committee. There was a city councilman
  224. 9:05in town named Larry Little who,
  225. 9:09um, was already in '84 a civil rights
  226. 9:13activist. And he's He believed that Hunt
  227. 9:16was innocent cuz he knew him. And so, he
  228. 9:19started recruiting people to this
  229. 9:22committee that he was forming. And one
  230. 9:24of the first people was this woman named
  231. 9:26Estella McFadden. And what she told me
  232. 9:28when I first interviewed her was, "Well,
  233. 9:30you know, um, we're black people and we
  234. 9:33know that when bad things happen,
  235. 9:35they'll just go and snatch just about
  236. 9:37anybody they can find.
  237. 9:39So,
  238. 9:40the idea that um that this young black
  239. 9:43man could be innocent um
  240. 9:46was something that
  241. 9:49that was was well understood by black
  242. 9:51people in Winston-Salem, but not by
  243. 9:53white people.
  244. 9:57In 1990,
  245. 9:59uh
  246. 10:01Hunt turned down an offer
  247. 10:03uh
  248. 10:04to plead guilty
  249. 10:05Yeah.
  250. 10:06to this murder and actually another one
  251. 10:09Yes.
  252. 10:09which he was also wrongly convicted
  253. 10:12and walk out the front door of that
  254. 10:14prison a free man on time already
  255. 10:17served.
  256. 10:18Mhm.
  257. 10:18What What does What does that say to you
  258. 10:21about who he might be and
  259. 10:23uh
  260. 10:23Well, but that kind of gets back to the
  261. 10:25first question, who was he and what does
  262. 10:28it mean to be
  263. 10:29a decent He wanted a decent life. I
  264. 10:32think he was a decent person. Um I mean
  265. 10:35more than that, but I mean that word
  266. 10:37feels important to me um because it was
  267. 10:39a word he used, but um what had happened
  268. 10:43um
  269. 10:43by 1990, so he was convicted in this
  270. 10:47horrific uh rape and murder in 1985
  271. 10:52and then appealed that conviction and um
  272. 10:56won that appeal. So, he was he was given
  273. 11:00a new trial, but also during this period
  274. 11:03um he was also wrongly accused of
  275. 11:07another earlier murder that had nothing
  276. 11:09to do with this rape and murder of the
  277. 11:12copy editor. It was
  278. 11:14a case that I later learned may in all
  279. 11:17likelihood wasn't even a homicide. It
  280. 11:19could have been an accidental death, but
  281. 11:21a older uh black man in Winston-Salem
  282. 11:24was found dead on the street outside an
  283. 11:27illegal liquor house and it was an
  284. 11:29unsolved crime dating back to 1983
  285. 11:33and the police department in the
  286. 11:35in around '86 decided to to try to solve
  287. 11:39some of these unsolved cases and people
  288. 11:42um claimed that they'd seen Darryl Hunt
  289. 11:45there and so Darryl Hunt was charged
  290. 11:47with that crime.
  291. 11:48And he was convicted in '87 and then
  292. 11:52appealed that and won a second trial.
  293. 11:55So, he was out on appeal waiting two new
  294. 11:59trials in 1990.
  295. 12:01Um by then he's 25 years old, still a
  296. 12:04very young person.
  297. 12:07And um they moved and the context is
  298. 12:11important. They moved both trials from
  299. 12:14Winston-Salem to Catawba County where
  300. 12:17Hickory, North Carolina is. It's a rural
  301. 12:20um a rural community
  302. 12:23um
  303. 12:24in the foothills of the Blue Ridge
  304. 12:26Mountains, a furniture-producing
  305. 12:27community.
  306. 12:29Um very few black people living there.
  307. 12:32He He was from a city
  308. 12:34uh that
  309. 12:35was about 30% black.
  310. 12:39And so they moved both trials there and
  311. 12:41he was they were in the middle of the
  312. 12:44second trial in this liquor house
  313. 12:47killing.
  314. 12:49And
  315. 12:51he was offered and and the Debra Sykes
  316. 12:53case wouldn't start for several more
  317. 12:56months.
  318. 12:57And the prosecutors offered him a plea
  319. 13:00deal. So,
  320. 13:03many many um
  321. 13:05felonies are settled by plea agreements,
  322. 13:07right?
  323. 13:08Yeah.
  324. 13:08But they offered him a plea deal that if
  325. 13:11he plead guilty to both of these
  326. 13:12murders, uh he could go free for time
  327. 13:15served, meaning the six years he'd
  328. 13:17already been in prison would be
  329. 13:19sufficient punishment for these two
  330. 13:21crimes.
  331. 13:22So, you asked what does it say about
  332. 13:24Darryl Hunt and I'll get to that in a
  333. 13:26second, but I also want to think about
  334. 13:28what it says about the prosecution, that
  335. 13:31they would
  336. 13:32um
  337. 13:34for the kind of murder, especially the
  338. 13:37rape and murder of this
  339. 13:40woman in downtown Winston-Salem, to
  340. 13:43offer somebody time served that they
  341. 13:45could be free after 6 years is unheard
  342. 13:49of, and it tells me that either they
  343. 13:52knew that their case against Hunt was
  344. 13:55weak, either they were really worried
  345. 13:56about it,
  346. 13:58um or they knew
  347. 14:00somewhere that that he was actually
  348. 14:03innocent. You would not offer somebody
  349. 14:05whose guilt you were persuaded of the
  350. 14:08chance to walk free, somebody who'd
  351. 14:09committed that horrific a crime.
  352. 14:12Um
  353. 14:13Two. Two.
  354. 14:14Two. Um
  355. 14:16A double murderer.
  356. 14:18Double murderer.
  357. 14:19a pattern of murder. You're going to put
  358. 14:20him on the street after 6 years. It's
  359. 14:22just nonsense.
  360. 14:23It was nonsense. And
  361. 14:27so at that time Darryl Hunt had, you
  362. 14:30know, lawyers, he had advisors.
  363. 14:34Um there were several ministers who were
  364. 14:36really active in his defense, and Larry
  365. 14:39Little was still really active in his
  366. 14:41defense.
  367. 14:42And everybody
  368. 14:44with the exception of a minister named
  369. 14:47John Mendez, Reverend John Mendez,
  370. 14:50wanted him to take this plea
  371. 14:52because they knew how horrific life in
  372. 14:55prison was, and they thought that this
  373. 14:58would give him a chance to start over
  374. 14:59again, and he would be safe. I mean,
  375. 15:02they didn't want him They felt very
  376. 15:04They loved him. They didn't want him to
  377. 15:05go back to prison.
  378. 15:07But, um
  379. 15:09Darryl Hunt would not do it. He He said
  380. 15:12that he could not He could not lie. He
  381. 15:14could not
  382. 15:16say he had done something that he hadn't
  383. 15:18done.
  384. 15:19And he turned it down.
  385. 15:22Um, knowing
  386. 15:24that in all likelihood that would mean
  387. 15:27that he would go back to prison.
  388. 15:29Um,
  389. 15:30so it tells me that he had a lot of
  390. 15:32integrity.
  391. 15:34And
  392. 15:35um,
  393. 15:38yeah, that he had a lot of integrity.
  394. 15:41What Now, what happened was, I mean, you
  395. 15:44could say, "Well, maybe he thought the
  396. 15:45case against him was weak." But he knew
  397. 15:48that wasn't the case. Now, he ended up
  398. 15:50being acquitted of
  399. 15:52the the death of um,
  400. 15:56the the black man outside the liquor
  401. 15:58house.
  402. 15:59And that that case was weak, but when
  403. 16:03that happened it didn't make Darryl Hunt
  404. 16:05think, "Oh, I've got a good chance in
  405. 16:07the Debra Sykes case." What he
  406. 16:08understood was that a white jury in
  407. 16:11Catawba County really didn't care all
  408. 16:13that much about the the black victim.
  409. 16:15And he knew that it would be almost
  410. 16:19impossible for him to win um,
  411. 16:23in the second case in the Sykes murder.
  412. 16:25And several months later he was in fact
  413. 16:28convicted again. So, this is a long way
  414. 16:31of saying when he turned down that plea
  415. 16:34offer, I don't think he had much
  416. 16:36expectation
  417. 16:37um, that he was going to be acquitted in
  418. 16:42in both of those murders.
  419. 16:46Yeah, I I I knew Darryl Hunt
  420. 16:49in the years after these cases
  421. 16:52were resolved. He was after he was
  422. 16:53exonerated.
  423. 16:55And he was the gentleman.
  424. 16:57Yes.
  425. 16:57A profoundly gentle person. And then
  426. 17:01for him to be unwilling to take that
  427. 17:03plea deal, when really he couldn't
  428. 17:06expect anything better than to spend the
  429. 17:08rest of his life in prison.
  430. 17:10That the Sykes murder was so brutal.
  431. 17:13And a a white victim at that.
  432. 17:15And and somebody who nobody outside of
  433. 17:18that black community there cared about
  434. 17:21and saw as a human being really.
  435. 17:22Mhm.
  436. 17:23You couldn't expect
  437. 17:25I don't think you could expect for him
  438. 17:27to go free and for both of those things
  439. 17:29to for him to be the way he was
  440. 17:32and to walk through the world the way he
  441. 17:33did and and then to have that kind of
  442. 17:35integrity. It's funny in all of this he
  443. 17:37comes out as this most sterling
  444. 17:39person and I'm not Pollyanna, you know,
  445. 17:42Rebecca of Sunnybrook Farm, I am not. I
  446. 17:44do not expect people who have been badly
  447. 17:47treated and had a rough
  448. 17:49time of things to be angels.
  449. 17:51But uh
  450. 17:53I'm just I was just struck by his
  451. 17:55character and I don't know
  452. 17:56how do you cut any
  453. 17:58deeper that than that but uh
  454. 18:01I want to ask you about the title.
  455. 18:03Mhm.
  456. 18:04Uh tell us about the title Beyond
  457. 18:05Innocence, the life sentence of Darryl
  458. 18:07Hunt. Can you sort of exegite that a
  459. 18:10little bit?
  460. 18:11Yeah. Yeah, so Beyond Innocence what um
  461. 18:15what that means to me is that um is it
  462. 18:20what I wanted it to evoke is this idea
  463. 18:22of what happens after somebody is
  464. 18:24exonerated.
  465. 18:26That we have this sense there now have
  466. 18:28been 3,000 proven cases of wrongful
  467. 18:32convictions. So we've seen a lot of
  468. 18:34these stories unfold. And
  469. 18:38you know, there's this the court
  470. 18:39hearing, there's it's
  471. 18:41there's this triumph, there's exultation
  472. 18:45and happiness and there's this feeling
  473. 18:47that okay, our system is flawed but it
  474. 18:50finally worked and justice was done and
  475. 18:52we've recognized the innocence and
  476. 18:55um and this person is going to go on to
  477. 18:58lead um to lead his life. And so what
  478. 19:02the book really explores is how how
  479. 19:05difficult that is, how the wrongful
  480. 19:07conviction is a soul-shattering
  481. 19:11experience and carries with it a
  482. 19:13tremendous amount of trauma and that
  483. 19:15prison carries with it a tremendous
  484. 19:17amount of trauma and then coming
  485. 19:20home after living
  486. 19:23for 19 years in prison is a transition
  487. 19:27that is is
  488. 19:30nearly impossible because so much has
  489. 19:31been taken from you.
  490. 19:33And in Darryl Hunt's case
  491. 19:37he went on to become the way you got to
  492. 19:40know him is he was
  493. 19:42advocate for social justice, right? And
  494. 19:44he was in a documentary about his case
  495. 19:47that really gave him a national even
  496. 19:49international platform. And so he did
  497. 19:53all of this work that led to to real
  498. 19:57change in North Carolina.
  499. 19:59Um I think you got to know him when he
  500. 20:01was working on advocating for the Racial
  501. 20:04Justice Act.
  502. 20:05That's right.
  503. 20:06Um and um
  504. 20:08and his story um was so powerful because
  505. 20:12it showed the racial bias that he faced
  506. 20:15when his case was a capital case and
  507. 20:17when they were going after the death
  508. 20:19penalty for him and the Racial Justice
  509. 20:21Act is a law in North Carolina that
  510. 20:23allows uh
  511. 20:24people with on death row to appeal not
  512. 20:28their conviction but their sentence if
  513. 20:29they can show that there's racial bias
  514. 20:32in the sentencing. And so
  515. 20:34Darryl Hunt traveled all over the state
  516. 20:36and told his story and
  517. 20:40in his case that work gave him meaning
  518. 20:43but it was also um I think it was
  519. 20:46re-traumatizing for him and people who
  520. 20:48were with him at during that time
  521. 20:51period, you know, could see that
  522. 20:52happening and so he could he was never
  523. 20:56really free to
  524. 20:58both heal from the experience and and
  525. 21:00and really move on.
  526. 21:02And he also worked with um
  527. 21:08people coming home from prison in
  528. 21:09Winston-Salem. So, he There was a lot of
  529. 21:12conflict in the kind of advocacy work
  530. 21:14that he did, you know, the people who
  531. 21:17who worked with him to get him
  532. 21:19exonerated really wanted him to work on
  533. 21:22policy, big policy issues like the
  534. 21:25Racial Justice Act and and um he also
  535. 21:29advocated for reform in criminal
  536. 21:31proceedings so that to prevent wrongful
  537. 21:34conviction. But, what he really wanted
  538. 21:37to work on
  539. 21:38was more straightforward kind of work.
  540. 21:41He really wanted to work on helping
  541. 21:43people coming home from prison, just
  542. 21:45like the people he'd been in prison
  543. 21:47with, um
  544. 21:48try to find their way back in the free
  545. 21:51world. And so, he did one-on-one work
  546. 21:55mentoring people, helping them get jobs,
  547. 21:58really kind of almost acting as a
  548. 22:01counselor. And um
  549. 22:05But, that also was really um
  550. 22:07painful for him because he knew what
  551. 22:09they were up against, cuz he understood
  552. 22:12um how our system of uh
  553. 22:15justice works.
  554. 22:16And um So, that's the first part of the
  555. 22:20title. I'm going on a little bit long
  556. 22:21here, but the second part of of the
  557. 22:24title really comes from from
  558. 22:28an interview actually that Darryl Hunt
  559. 22:30gave about the work he did with
  560. 22:33re-entry, with people coming home from
  561. 22:35prison. And
  562. 22:37he talked about the hurdles that they
  563. 22:39faced and how
  564. 22:41and the systemic barriers in place that
  565. 22:44made it so hard for people to start
  566. 22:46their life over again. And he talked
  567. 22:48about how any kind of sentence, whether
  568. 22:51it's 5 years, 10 years, 20 years, a life
  569. 22:54sentence like he had, that because you
  570. 22:57carry that record with you once you're
  571. 23:00released from prison, that
  572. 23:03um
  573. 23:04that any kind of criminal record
  574. 23:07acts as a life sentence. Um
  575. 23:11there's there's a lot of truth in in
  576. 23:13that in that observation.
  577. 23:16And so that's that's what the title is
  578. 23:19is meant to get at. That he his
  579. 23:22experience really served as a life
  580. 23:24sentence for him and the experience of
  581. 23:28the 2 million people we have in prison
  582. 23:31right now and the millions more who have
  583. 23:33a criminal record that that that
  584. 23:37that that is a burden that people carry
  585. 23:39with them for the rest of their lives.
  586. 23:43Phoebe, uh
  587. 23:46I've I'm just I was struck when I read
  588. 23:48this book
  589. 23:49Mhm.
  590. 23:49at the craft of it and also
  591. 23:52at the enormous amount of work that it
  592. 23:54went into it.
  593. 23:55You know, I sort of know from my own
  594. 23:58labors
  595. 23:59what that entails. And you know, it may
  596. 24:03not be a book like the Protestant
  597. 24:05Reformation or the Civil War.
  598. 24:07Right.
  599. 24:07some ways a small story like that that's
  600. 24:09complicated
  601. 24:11is almost more work.
  602. 24:13You really
  603. 24:15So I really respect that and I thank you
  604. 24:17for this book.
  605. 24:19I I wondered how did you become a writer
  606. 24:22in the
  607. 24:23in the beginnings of things?
  608. 24:24Oh my gosh, that's a great question. You
  609. 24:27know, I almost became a doctor. So
  610. 24:33So there was a lot of detouring going
  611. 24:36on. I teach at Wake Forest now and my my
  612. 24:38students, especially the seniors, are
  613. 24:40always in this kind of panic cuz they
  614. 24:42don't know what they're going to do with
  615. 24:43their life and and it took me most of my
  616. 24:4720s to find, you know, a path that that
  617. 24:50made sense to me. Um
  618. 24:55I I don't completely know the answer to
  619. 24:57that. I I I think I became a journalist
  620. 24:59because I really
  621. 25:01It's It's It's sounds very lame, but I
  622. 25:04didn't want a desk job. You know, I did
  623. 25:07that for a while and it was just It felt
  624. 25:09so stifling to be um
  625. 25:13to be you know, a part of a big
  626. 25:15bureaucracy and journalism seemed like a
  627. 25:19way to do something that was going to be
  628. 25:21meaningful, but but would take me out
  629. 25:24into the world and um
  630. 25:27Some days it accomplished that. Some
  631. 25:29days Some days it didn't. Um
  632. 25:31and I never really when I was a
  633. 25:34newspaper reporter, I I never really
  634. 25:36thought of my I would never have said
  635. 25:38that to anybody, "What do you do? Oh,
  636. 25:40I'm a writer." I was I said, "I'm a
  637. 25:42newspaper reporter."
  638. 25:44So, um
  639. 25:46I think it was
  640. 25:48I've never thought of it this way, but I
  641. 25:50think it was to some extent this story
  642. 25:53that led me
  643. 25:55to um into more long-form journalism and
  644. 26:00has eventually led me to to writing a
  645. 26:03book, but I'm really um
  646. 26:05in my head, I'm a reporter first and
  647. 26:09it's the it's the story and that that
  648. 26:13that path of discovery and the the the
  649. 26:17the facts that you uncover and by facts,
  650. 26:21I don't just mean hard facts, but the
  651. 26:23details that you uncover reporting that
  652. 26:26leads to the writing.
  653. 26:29What do your journalism students make of
  654. 26:31this? What do you think they've they
  655. 26:33learn from this book if
  656. 26:35if you if they've I don't know if I
  657. 26:37don't know that you assign it to them,
  658. 26:38but if I were you
  659. 26:39So, I don't I don't talk about it that
  660. 26:40much. I talk about it more with my
  661. 26:42writing students because I teach
  662. 26:44composition and we use the theme of um
  663. 26:50of wrongful conviction is kind of the
  664. 26:53the subject matter and I introduce them
  665. 26:55to Darryl Hunt's story early on in the
  666. 26:58semester and it's it's meant to be kind
  667. 27:02of a hook into the larger subjects
  668. 27:05because he was their age when he was
  669. 27:07arrested and it's a it's a pretty
  670. 27:10compelling story and
  671. 27:13so that it gives them
  672. 27:16the subject matter
  673. 27:18I
  674. 27:19it attracts young people and I it's I
  675. 27:23hope that it when they start writing
  676. 27:26their own
  677. 27:27um essays and summaries and all the
  678. 27:30basic kind of first year composition
  679. 27:32assignments
  680. 27:33um I it gives them something to really
  681. 27:37latch on a subject matter to really sink
  682. 27:39their teeth into so that they're writing
  683. 27:41about something that feels meaningful to
  684. 27:43them.
  685. 27:44Um but that's actually kind of related
  686. 27:47to
  687. 27:48my hope for the book which is that
  688. 27:52he is
  689. 27:54it's a really compelling story and he is
  690. 27:59an interesting character and a
  691. 28:00charismatic person and all the people
  692. 28:03around him were really interesting
  693. 28:06people whose stories I think
  694. 28:09um
  695. 28:10will be interesting to people his lawyer
  696. 28:12Mark Rabel is a complex and sympathetic
  697. 28:16character and Larry Little
  698. 28:19is a civil rights figure and and
  699. 28:23and
  700. 28:25who was tortured by this case and and
  701. 28:27really by what happened to to Darryl
  702. 28:30Hunt and um
  703. 28:31and Darryl Hunt's
  704. 28:34wife who became his ex-wife is just a
  705. 28:36beautiful person and their love story
  706. 28:38was it it it it
  707. 28:41it failed ultimately but they really
  708. 28:43loved each other deeply
  709. 28:45and um
  710. 28:48I got to know two of his friends, um,
  711. 28:51who really helped me understand both
  712. 28:53life in prison and some of the pressures
  713. 28:56he was under after prison and and the,
  714. 29:00um, yeah, the pressure of being an
  715. 29:03activist and of being a celebrity and of
  716. 29:06high expectations that people had for
  717. 29:09him and
  718. 29:10so I think these two men really, um, you
  719. 29:14know, will will their stories are
  720. 29:16interesting to people and so I hope that
  721. 29:19the book is an opportunity for
  722. 29:22people to understand one man's story and
  723. 29:27through that story understand the
  724. 29:29themes that run through the book which
  725. 29:31have to do with our country's history
  726. 29:35with, uh,
  727. 29:36with racism and systemic racism and
  728. 29:40which have to do with the way our
  729. 29:42criminal justice system makes so many
  730. 29:45mistakes and
  731. 29:47so often denies justice to people.
  732. 29:50There's uh there's another character in
  733. 29:52the book who is compelling with which
  734. 29:55and it's a woman who was
  735. 29:57raped
  736. 29:59in downtown Winston-Salem, a white
  737. 30:01woman, six months after the original
  738. 30:04crime that led to Darryl Hunt's
  739. 30:06conviction and she fought off her
  740. 30:09attacker and survived this horrific
  741. 30:13attack and tried to get the police to
  742. 30:16see the similarities between the attack
  743. 30:19against her and the attack that Hunt was
  744. 30:23convicted in and she was silenced. And
  745. 30:26so and this was all this all happened in
  746. 30:291985 so it was way before the Me Too
  747. 30:32movement, way before as a country we
  748. 30:34started paying attention to
  749. 30:36uh the stories of victims of sexual
  750. 30:39assault and she was effectively silenced
  751. 30:42and she's she plays an important role in
  752. 30:45Darryl Hunt's story because ultimately
  753. 30:49um
  754. 30:50the case was solved because there was a
  755. 30:53match a DNA match with the man that she
  756. 30:56had identified
  757. 30:5720 years earlier.
  758. 30:59And
  759. 31:01then her story led to the revelation of
  760. 31:04the cover-up in Darryl Hunt's case, and
  761. 31:06we now know that police
  762. 31:09um
  763. 31:10saw some connection and um
  764. 31:14and intentionally silenced her because
  765. 31:17they didn't want to mess up the case
  766. 31:19against Darryl Hunt.
  767. 31:20And
  768. 31:22so that's another thread that runs
  769. 31:25through this book, and my hope is that
  770. 31:27because these are such compelling
  771. 31:30characters and such a compelling story
  772. 31:33that readers who might not necessarily
  773. 31:36be drawn to a book about um the criminal
  774. 31:39justice system or
  775. 31:42um
  776. 31:43a racial reckoning or racial
  777. 31:45reconciliation
  778. 31:47um might find their way to these subject
  779. 31:50matters through the story.
  780. 31:53What do you
  781. 31:55What do you think the role of the
  782. 31:56movement was? I you know, I know uh
  783. 31:59Larry Little, I knew Reverend Carlton
  784. 32:00Eversley, and I know John Mendez quite
  785. 32:03well.
  786. 32:04Um
  787. 32:05and Rob Stevens, and I I uh
  788. 32:09I'm sort of sort of familiar with the
  789. 32:11world in which they move in the social
  790. 32:13ad- advocacy and
  791. 32:14Mhm.
  792. 32:15um
  793. 32:16and I was just wondering what the
  794. 32:19how important do you think that work was
  795. 32:21to his act to his being exonerated in
  796. 32:24the end?
  797. 32:26Well, the work was
  798. 32:30I'm going to back up. Um I think the
  799. 32:32work was critical to um um,
  800. 32:35to his
  801. 32:37to the fact that he wasn't, um,
  802. 32:39sentenced to death because
  803. 32:41they were able to build support for him
  804. 32:44and raise money. Now, they were raising
  805. 32:47money mostly from poor black people, so
  806. 32:50they were raising money in little bits
  807. 32:52and pieces at church and at,
  808. 32:55you know, at small fundraisers.
  809. 32:57But, at the time, um, if you were a
  810. 33:00court-appointed attorney in a capital
  811. 33:02case, you didn't get a budget to hire
  812. 33:05experts or to get a private
  813. 33:07investigator. And so, Mark Rabel was
  814. 33:10able to use the money that, uh, Larry
  815. 33:12Little raised by through this defense
  816. 33:15committee to hire, um,
  817. 33:18investigators who turned up in enough
  818. 33:22information about the witnesses in the
  819. 33:24case,
  820. 33:25um, that it seeded enough doubt
  821. 33:28that that the defense was able to seed
  822. 33:30enough doubt so that the jury,
  823. 33:33um, didn't sentence Daryl Hunt to death.
  824. 33:36Now, that's not the way it's supposed to
  825. 33:38work. It's supposed to work that if you
  826. 33:40have doubt as a jury, you acquit, and
  827. 33:43then the sentencing phase is supposed to
  828. 33:45be considering a whole other set of
  829. 33:48factors having to do with the,
  830. 33:51um,
  831. 33:52the
  832. 33:53the severity of the crime and
  833. 33:56aspects about the the defendant's
  834. 33:58character. But, what happened in this
  835. 33:59case, and this happens in a lot of death
  836. 34:02penalty cases, was that the jury
  837. 34:04convicted, but then because they still
  838. 34:07had some doubt, they sentenced him to
  839. 34:09life. So, the movement was absolutely
  840. 34:12critical to to Daryl Hunt being spared
  841. 34:16the death penalty. And then, along the
  842. 34:18way, it kept, um,
  843. 34:21it kept his case alive. I I know it gave
  844. 34:24him tremendous hope and, um, uh, and a
  845. 34:28lot enabled him to to survive
  846. 34:31essentially in prison because he knew
  847. 34:33that people
  848. 34:34um cared about him and loved him. And it
  849. 34:40And yeah, it kept the case it kept the
  850. 34:43case alive. I I don't know
  851. 34:46I haven't thought about whether how it
  852. 34:48contributed to his ultimate exoneration.
  853. 34:51Um
  854. 34:52It it was but it was the efforts of his
  855. 34:56attorney, Mark Rabil, who There were
  856. 34:58other attorneys along the way, but Mark
  857. 35:00Rabil is the one who stayed with him
  858. 35:01till the end. And the the defense
  859. 35:05committee that kept the momentum going,
  860. 35:08um which led to his exoneration.
  861. 35:13Phoebe, I wanted to follow up on one of
  862. 35:15Tim's questions. And
  863. 35:18when you were interviewed by the the
  864. 35:20Nieman Foundation, you talked about the
  865. 35:23importance of the way the story is told.
  866. 35:28Yes.
  867. 35:28Uh about doing it
  868. 35:31it's not like going to a court hearing
  869. 35:34and saying this happened, this happened,
  870. 35:36this happened. Here Here this is what
  871. 35:37the the jury um
  872. 35:40heard. Uh it's important
  873. 35:43that they get context and flow. Can you
  874. 35:46explain that?
  875. 35:49A narrative sense.
  876. 35:50Yeah. Yes. So, this goes back to the
  877. 35:52question of writing, right? And um
  878. 35:55and
  879. 35:57and how this
  880. 35:58story is is taught taught me to be
  881. 36:01somebody who maybe I think of myself as
  882. 36:03a writer now. So, that really had to do
  883. 36:06with the way we presented um
  884. 36:09my work back in 2003 because I after
  885. 36:13this months of investigation, I really
  886. 36:15hadn't come up with anything brand new.
  887. 36:18But what we did come up with was a
  888. 36:21different way of telling the story that
  889. 36:23people in Winston-Salem and I would need
  890. 36:25to point out that that work was done
  891. 36:28that newspaper series was written for a
  892. 36:30newspaper audience that had been
  893. 36:32following this case for 19 years. So,
  894. 36:34most people knew all the ups and downs
  895. 36:38and the this and the that and and what
  896. 36:40all the witnesses had said and what the
  897. 36:42flaws were. But But when they were able
  898. 36:45to read it
  899. 36:46told as a story so that you could really
  900. 36:49see how the police investigation played
  901. 36:52out and how they really
  902. 36:56um zeroed in on Darryl Hunt and excluded
  903. 36:59everything else. Like people could see
  904. 37:01that in a way that they hadn't seen
  905. 37:02before or they could really see laid out
  906. 37:05in front of them how our appellate
  907. 37:07system works and how
  908. 37:09um what he was one justice away on the
  909. 37:12North Carolina Supreme Court from
  910. 37:14getting his conviction for getting a
  911. 37:17third trial.
  912. 37:18Um so that the the telling of the story
  913. 37:22um I think made all the difference in
  914. 37:23the way people in Winston-Salem saw it
  915. 37:27including
  916. 37:29um the judge who'd ordered this new
  917. 37:32round of DNA testing in 2003 that the
  918. 37:35state crime lab had chosen to ignore.
  919. 37:37So, there was an order to do testing and
  920. 37:40the they just said, "Oh, well, this case
  921. 37:42is closed. We're not going to you know,
  922. 37:44it's this is not something we're going
  923. 37:46to do." And the district attorney who
  924. 37:48was new to the case, but he'd been
  925. 37:51defending the conviction all along, he
  926. 37:54read this the the work that I'd done.
  927. 37:56So, it changed the way people were able
  928. 37:59to see facts that they kind of thought
  929. 38:02they already knew.
  930. 38:03Yeah.
  931. 38:04Um and and in terms of telling a
  932. 38:07narrative, I I suppose it gets back to
  933. 38:10what I was saying earlier about what I
  934. 38:12my hope for the for this book is that
  935. 38:14because it's a compelling story
  936. 38:18um
  937. 38:19I mean, it's all true, but in I was
  938. 38:21trying to make it read a little bit more
  939. 38:24like a John Grisham novel, you know,
  940. 38:26something something that would keep
  941. 38:28people reading with character and plot
  942. 38:31and
  943. 38:31you know, cliffhangers, all of those
  944. 38:34techniques that um I I just hope that
  945. 38:37that people who uh maybe new to the
  946. 38:40subject matter um will be drawn into
  947. 38:44understanding um
  948. 38:47the forces that Darrell Hunt faced that
  949. 38:49of course so many other people in his
  950. 38:51situation faced.
  951. 38:54In that same interview, it was pointed
  952. 38:57out that
  953. 38:58um one of the
  954. 39:00people that were asked some some
  955. 39:02questions had heard you and Mr. Hunt
  956. 39:05speak and she raised the question, why
  957. 39:09not just let him rest in peace?
  958. 39:12Oh, yeah, that's an excellent question.
  959. 39:16Um so, I really struggled with that. So,
  960. 39:19in between the newspaper series and this
  961. 39:21book, there was a long-form magazine
  962. 39:23article.
  963. 39:25Um and
  964. 39:27um I suppose when he died, that's what
  965. 39:29drew me back to telling this story and
  966. 39:33as I got into it, I realized that I was
  967. 39:36learning things about him that um
  968. 39:40he had tried really hard to keep secret.
  969. 39:42And sort of along the lines of what his
  970. 39:46good friend um
  971. 39:48kept telling me every time I went to
  972. 39:49talk to him about Darrell Hunt, he would
  973. 39:51say, "Well, you know, Hunt was no
  974. 39:54I mean, I ain't no choir boy and Hunt
  975. 39:55was no angel. So, the you know, we all
  976. 39:58have flaws, right? And and the work I
  977. 40:01was There's some things in this book
  978. 40:03about him that are not particularly
  979. 40:06flattering. And
  980. 40:09um
  981. 40:09I really wrestled with that, you know,
  982. 40:11is this a fair thing to do? Is this a do
  983. 40:15I is it my place? Um and I suppose I
  984. 40:20I ultimately decided that there was
  985. 40:23enough value in telling his story
  986. 40:26that it was a fair thing to do. And I
  987. 40:29also felt that part of what he Now, I
  988. 40:32don't know whether this is my place, but
  989. 40:34I felt that part of what he suffered
  990. 40:35from at the end of his life was being
  991. 40:38misunderstood that a lot of us kind of
  992. 40:42put him on a pedestal and had these
  993. 40:44expectations that he was always going to
  994. 40:46be this calm, soft-spoken
  995. 40:50gracious man when inside he he was
  996. 40:54suffering and he was angry and he was
  997. 40:56hurt and
  998. 40:58um
  999. 40:59but
  1000. 41:00and
  1001. 41:01and it wasn't what was going on inside
  1002. 41:04of him wasn't all that pretty, but I
  1003. 41:06felt that
  1004. 41:08that maybe what the full story could do
  1005. 41:11was to help us all understand what the
  1006. 41:15justice system had done to him to to
  1007. 41:18to cause this kind of suffering and
  1008. 41:21pain.
  1009. 41:22As you would bring him into your class
  1010. 41:25and speak at other times, did you ever
  1011. 41:28get a sense
  1012. 41:29as his life was drawing near an end that
  1013. 41:33he had such turmoil?
  1014. 41:37Yeah, I mean, I think everybody around
  1015. 41:40him had some sense that he was suffering
  1016. 41:42and
  1017. 41:43and um
  1018. 41:47and
  1019. 41:48I like other people, you know,
  1020. 41:51either didn't really see it if if you
  1021. 41:54One of the I went back, of course, and
  1022. 41:56looked at all these interviews and
  1023. 41:57thought about, you know, my encounters
  1024. 41:59with him and talked to people who had
  1025. 42:01thought about their encounters with him.
  1026. 42:03And I think people missed um
  1027. 42:07missed the depth of the anguish that he
  1028. 42:10was going through. I mean, I certainly
  1029. 42:12knew that he had some anxiety and some
  1030. 42:16paranoia, and I'd heard him talk about
  1031. 42:19that, but I just didn't realize how deep
  1032. 42:21it was. And
  1033. 42:24um I suppose that's partly the the
  1034. 42:27the message of the book is that what we
  1035. 42:30do to people when when when we deny them
  1036. 42:34justice, when we wrongly convict them,
  1037. 42:36we cause
  1038. 42:37um
  1039. 42:38unmeasurable harm.
  1040. 42:42We We see them coming out of prison, and
  1041. 42:44we see the excitement of being free, and
  1042. 42:48we assume a happy ending.
  1043. 42:51Yes.
  1044. 42:52And
  1045. 42:53I think some people
  1046. 42:55I mean, it looked like Hunt had rebuilt
  1047. 42:56his life. So, yes, people can rebuild
  1048. 42:59their lives, but but I but to really
  1049. 43:03heal, and
  1050. 43:05so many people don't rebuild their
  1051. 43:06lives, and so many people who
  1052. 43:09who've been exonerated struggle
  1053. 43:13in terrible ways afterwards. And um and
  1054. 43:18it's because that that kind of
  1055. 43:20injustice, it's not just that they've
  1056. 43:22lost, in Hunt's case, 19 years of his
  1057. 43:24life,
  1058. 43:25but the rest of his life was shaped by
  1059. 43:28that trauma that he suffered.
  1060. 43:31And you sort of
  1061. 43:32sometimes that you sit back and think,
  1062. 43:34"Okay, what if that were me that had
  1063. 43:37been put in that position?
  1064. 43:39How would I have been able to deal with
  1065. 43:41that?"
  1066. 43:42Yeah. Well, I I don't know how to
  1067. 43:45imagine that for myself. Um
  1068. 43:48um
  1069. 43:49um I mean, I don't know that I couldn't
  1070. 43:51have survived the first night that he
  1071. 43:53spent in jail with the guards
  1072. 43:55threatening to to hang him. So,
  1073. 43:58I
  1074. 43:59I can't I can't imagine myself in
  1075. 44:01You wouldn't wish it on anyone.
  1076. 44:04And it's even after spending,
  1077. 44:07you know
  1078. 44:08four or five years now writing about his
  1079. 44:12experience, I still can't really put
  1080. 44:14myself in that in that place. I I don't
  1081. 44:16know. I don't I'm pretty sure I would
  1082. 44:19not turn down that plea deal that he
  1083. 44:20turned down.
  1084. 44:23The book is Beyond Innocence
  1085. 44:27by Phoebe Zerwick, Tim Tyson. Thank you
  1086. 44:30both very much. Acapella Books has
  1087. 44:32copies of Phoebe's book with uh
  1088. 44:35autographed book plate and what you've
  1089. 44:38heard tonight is just a a sample of the
  1090. 44:42the really
  1091. 44:44heart-rending story that uh that she
  1092. 44:47tells. Thank you both, Phoebe, Tim.
  1093. 44:49Thank you and thank you for joining us.
  1094. 44:52Good night.
  1095. 44:53Good night.
  1096. 44:54Good night. Thank you.

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