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Episode 107: Malcolm Alexander — Transcript

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0:00[Music]
0:13Miriam bodies out in the desert
0:18practice witchcraft
0:28welcome back boils and ghouls to the
0:30haunted heart podcast I'm your host
0:33Katie and I'm here with Kenny all right
0:36am i here I don't I didn't I didn't I
0:38didn't know that I was gonna be here
0:40today I didn't know that this was a
0:41thing today I didn't know to show up but
0:44it's okay
0:45luckily luckily I came and got you
0:47there's and now you're here at least in
0:49corporeal form yes there's that we we
0:53haven't figured out how to astral
0:54project record for you guys yeah but if
0:58we could know that we would for real
1:02just show up yeah that would be amazing
1:05I would astral project all over the
1:07[ __ ] place my astral projection self
1:08would be taking out the trash that [ __ ]
1:10would be like organizing the cabinets
1:12she would be like making my coffee and
1:15having it ready for me in the morning I
1:17would be one rested
1:18[ __ ] would you be rested or would it
1:20actually make you just be tired of that
1:22much more tired maybe but there's a
1:25trade-off in life well the amount of
1:27energy that you would have to put into
1:29astral projected just be so exhausting I
1:32feel like unless you stole it from a
1:33child hmm put a pin in that we'll come
1:37back around to it anyway how you been
1:39folks I hope they've been all right I
1:42hope hanging in there you know it's
1:44crazy times but everybody's just hanging
1:46in there doing our best
1:48hopefully not arguing too much with
1:50Joran on Facebook but you know do you do
1:55you yeah I feel like I feel like there
1:59has been a lot of arguing there has
2:01there's it so much it's very toxic
2:03consider maybe you know maybe just take
2:06just take a break for you I'm doing that
2:09[ __ ] mm-hmm
2:11I do it frequently except from our
2:13Facebook group though I mean me another
2:15day for their cuz we don't want to
2:16necessarily have too much that it's not
2:18it hasn't come all right stay there yes
2:21it's a beautiful beautiful place in the
2:24midst of a lot of darkness okay just
2:30some good horror memes love it pretty
2:33much what horror means
2:35let's see what else has there been you
2:39know I don't even know it's just it's
2:41it's it's just a whole vibe it's a whole
2:43vibe we're so good at selling that good
2:48thing it's free I don't know what the
2:53[ __ ] is wrong with me this evening I
2:55just feel like I don't know I've didn't
2:57filled my belly with Chipotle and now
3:00I'm lying
3:01it's the Chipotle hibernation and now
3:03I'm lying but no Katy comes and drags me
3:12out of bed to record this goddamn show
3:15for you folks and that's what we're here
3:16for you [ __ ] for every last one
3:21of you [ __ ] this is for you
3:23yeah should I light a candle to that I
3:26think we do have some candles to like we
3:28do we do in damn it do you want to start
3:31or shall I god damn guess I will you
3:33lead
3:34shall I lead I will I will take the lead
3:37okay uh yes let me grab my lighting
3:42apparatus yes strike past strike pad
3:46Stern yes strike pad um oh I will say
3:52before we did I don't know why this made
3:53me think of this but I did play a lot of
3:55mortal combat this weekend with the
3:59nephew and funny story we're playing it
4:04it's like Mortal Kombat 11 and he's like
4:06do you know how to play and I'm like do
4:09not speak to me of the old ways for I
4:11was there I was like when the book of
4:14Mortal Kombat was written
4:15I said listen little one I had Mortal
4:18Kombat like the first one when it came
4:21out we're on eleven I was on like Mortal
4:23Kombat 1 okay with the PlayStation the
4:26original outrage level you know what I
4:28mean like thanks triangle circle circle
4:31actually was the original Mortal Kombat
4:33on PlayStation I thought it was on sorry
4:36yes
4:37Sega Genesis yeah Sega Genesis boot and
4:43then and then PlayStation yes I had it
4:45on Sega Genesis
4:47so it was not eggs triangle circle no so
4:52I then proceeded to beat his ass and for
4:58that it's the way that's the way you
4:59know spare the spare the finishing move
5:02in mortal combat sports poil the child
5:05something they say something about
5:06strike pad made me think of sub-zero and
5:09because that's who I always play with
5:11when I play Mortal Kombat I can see and
5:13so something about that just made me
5:15think of that so anyway here we are and
5:18we are invoking bethe M who is a member
5:24of our haunted heart harem and next up
5:37we have a very special invocation for
5:39our friends Mandy and Hugh over at the
5:42depth of darkness podcast they have
5:45joined us as part of our haunted heart
5:47harem and we just want to encourage our
5:50listeners to go out show them some love
5:52if you like this show you will probably
5:55like their show it's very similar topic
5:59similar material they also kind of have
6:01a dark humor spin so check them out
6:03they're like more bite-sized episodes 20
6:0630 minutes
6:08show them low panel of hell yeah
6:20all right Mandy Hugh and Beth members of
6:25our harem your candles are lit and they
6:29will burn beside our mic stands through
6:31the end of the episode but always in
6:34forever in our dark dark hearts dark
6:36hearts and that last one was snap
6:39crackle pop it's throwing off some light
6:42that's cuz momma momma didn't trim them
6:46but that's okay I didn't trim its we'll
6:49just say Mandy here are extra bright
6:51tonight we needed it because it was dark
6:54hey F up in this [ __ ]
6:56we were so here's the thing when we have
6:57these indications that we do I mean we
7:00light like a bajillion candles but we
7:02like when we have these imitations that
7:05we do I don't I'm not saying that
7:07anybody has ever said anything on fire
7:09trying to record this podcast I'm not
7:11saying that I'm certainly not saying it
7:14was me what I am saying is that we did
7:17have to reduce our number of candles
7:19open flames around us so now when we do
7:24the patreon invitations if we have a
7:25couple we kind of start the show in
7:29mostly darkness and and it really helps
7:34once we get those invitations definitely
7:37because then we can [ __ ] see each
7:38other and everything around us honestly
7:40and like I had disconnected the
7:43soundboard for whatever reason and so
7:45I'm over here like in the dark trying to
7:47get this [ __ ] connected and I'm like
7:49listen I don't I don't consider myself
7:52to be a sound mixer and/or expert so
7:54when I pull the plug up and I was like
7:56hmm what does this go to
7:58I needed someone wherever that I just
8:02you know here's a hole and this is where
8:04it goes that's usually what I do I just
8:07put it wherever fits so pretty much all
8:09right so this week we have I'm diving in
8:12I'm ready I'm sorry because like I said
8:15I told y'all at the top of the episode i
8:17I didn't know I'm supposed to be here
8:18today I am in pajamas have not showered
8:22he didn't get the email for the acting
8:24call today I didn't get the call email I
8:27didn't I didn't get the call
8:29whoever is our assistant and like did
8:32not did not leave me a memo did not
8:34update the Google Calendar or [ __ ]
8:36ghost assistant have one so they would
8:41be a ghost but then also they would
8:42ghost us because that would just be
8:46available that would that would be the
8:48aesthetic of the show our ghost
8:50assistant and has it started to Thunder
8:52Oh interest I didn't hear anything I
8:55thought I heard thunder I'm worried
8:57about you definitely didn't hear
8:58anything
8:59but i dont pull a me now even try to
9:02make me feel like I'm crazy except for I
9:04won't edit the [ __ ] sound out when it
9:06shows up on the episode now will I sir
9:08will I it's a true story can he be
9:12editing [ __ ] out that I hear all the
9:13time and then I sound crazy talking to
9:15y'all about things I'm hearing
9:18conspiracy that's gonna be my next
9:19conspiracy episode it's gonna be bad
9:21like this instant if you'll refer to
9:24episode 34 of the hottest look in fact
9:37that we are 12 minutes into this episode
9:39and haven't gotten any clue what the
9:40[ __ ] were talking about says otherwise
9:42it's okay we're having a fun time this
9:44is a fun time cuz you guys know you know
9:47last week was Kenny's week this week is
9:49akt week I like to kind of you know
9:52bring us down I like to keep us in the
9:54good place really
9:56before I take us to the sad place are
9:58you sure okay all right there we got I'm
10:00just kind of like extending that a
10:02little bit there on but we're gonna dive
10:04in now yeah so I'm worried I'm concerned
10:06y'all just take that good feeling and
10:08wrap it up in yourself and just bury a
10:10deep okay
10:12so some of you guys who follow us on
10:15Facebook if you don't follow us on
10:16Facebook you absolutely should search
10:18for the haunted heart podcast you'll see
10:20our page there and also the closed
10:21Facebook group that we were talking
10:22about at the start of the episode where
10:26it's good vibes only yeah definitely we
10:29make sure everybody in the Facebook
10:33group is pretty chill but if you are not
10:37following us on Facebook definitely make
10:39sure that you are if you do follow us on
10:40Facebook you may have seen that this
10:43week we made a donation to the Innocence
10:46Project on the half of the show so it
10:49came for both of us and not trying to
10:53like tutor own horn or anything I just
10:55wanted to share that information because
10:57I know not everybody follows us on
10:58Facebook and encourage you guys if you
11:00are in a place financially where you
11:01have a little extra that you could give
11:03that's a great organization they've been
11:05properly vetted
11:07it's a 501c3 it's a good place to if
11:12you're looking for places to help out
11:13there's a ton of great organizations to
11:17donate to and that is certainly one of
11:19them one of the things that the
11:21innocence project focuses on in fact the
11:24thing that it's most well known for is
11:25exonerating wrongfully convicted folks
11:29who are serving time for obviously
11:31crimes that they did not do hence the
11:33wrongfully convicted they also do a lot
11:37with community building legal education
11:41they do a whole lot more than just
11:43overturning wrongful convictions but
11:46they offer a lot of support to you know
11:50folks as far as like legal resources and
11:52things like that and because of that I
11:55think it's a really good organization to
11:57support because the changes that are
11:59needed in our world today are not just
12:02going to happen in the courtroom or just
12:04going to happen you know in it's not
12:10just going to affect police it's not
12:12just going to affect certain sectors
12:14it's gonna affect everything right it's
12:16about community building it's about
12:18changing the way that we think about
12:20community it's about redefining that and
12:23strengthening that and you know really
12:25building a better world because I think
12:28it's pretty clear that our communities
12:33today lack a lot of the resources that
12:36are needed in order to really thrive
12:41that that people need to thrive so
12:44that's sort of the reform that is
12:47hopefully you know taking place over the
12:50next weeks months years and the
12:53Innocence Project is certainly part of
12:54that there's lots like you said there's
12:56lots of work
12:57it doesn't just have to be that one but
12:59in honor of sort of showing our support
13:04for the Innocence Project I thought that
13:06it would be cool to dive into one of
13:08their cases today on the show so I want
13:12to talk about the case of Malcom
13:15Alexander okay so I guess without
13:21further ado I guess so I'm strapped in
13:24I'm ready
13:27and you know I'm lubed up way to make it
13:35awkward just the way to make it awkward
13:37I love it like why did it have to be you
13:40to cover the skin okay get yourself to
13:46get professional I don't define
13:52professional this all right
13:57get it together I am together at about
14:0411:30 a.m. on November 8th 1979 a black
14:09man walked into a newly opened antique
14:11store in Gretna Louisiana the owner
14:15whose name is not disclosed so we'll
14:17just call her be in a 39 year old white
14:21woman became suspicious she attempted to
14:24direct him to furniture outside but as
14:26she walked to the front door he grabbed
14:28her from behind and clubbed her in the
14:30head with a handgun he then forced her
14:32into the back into a bathroom at the
14:34rear of the shop and raped her at
14:36gunpoint after he raped her he led her
14:40to the telephone which had been ringing
14:41throughout the attack as he held her in
14:43a chokehold and threatened to shoot her
14:45be in completed the call without
14:47alerting the caller that anything was
14:49wrong the attacker then forced her back
14:52into the bathroom and raped her again
14:55the attacker ordered her not to move and
14:58fled being used a towel to clean herself
15:01and called police when they arrived at
15:04the scene police found three pubic hairs
15:07on the floor of the bathroom and also
15:09took the towel and
15:10evidence bein said the attacker was
15:14black with a medium complexion in his
15:16early 20s about six feet tall and 165 to
15:20170 pounds she said he was wearing blue
15:23jeans a dark windbreaker and a navy blue
15:25watch cap bein said that he rode up to
15:28the store on a dark orange ten-speed
15:30English racing bike police of course
15:34broadcast the description over the radio
15:36and ten minutes later a cop car stopped
15:41a black man with his jeans unzipped
15:43riding an orange ten-speed bicycle the
15:46man was brought to the outside of the
15:48antique store and being stood inside and
15:51viewed him from the front window she
15:53said the man was not her attacker BN was
15:57then taken to a hospital where a rape
15:59kit was taken on November 30th 1979 BN
16:06saw the man she thought might have been
16:08her attacker
16:09when police investigated him they
16:12learned that he worked at superior
16:13Pontiac a car dealership
16:15the man's fellow employees said he was a
16:17hard worker and was not the type of
16:19person to commit a sexual assault on
16:21December 18th 1979 police showed be in a
16:26photographic lineup which included the
16:28man from superior Pontiac but she did
16:31not identify anyone as her attacker in
16:35February 1980 several months later
16:38police arrested 20-year old Malcolm
16:40Alexander after a woman accused him of
16:43sexually assaulting her Alexander who is
16:46black told police that the sex occurred
16:50after he gave the woman money and that
16:52it was consensual not assault Alexander
16:56was not charged in that incident but a
16:58detective believed that he fit BND's
17:00description of her attacker even though
17:02he was only five feet nine inches tall
17:05and remember she had described her
17:10attacker as about six feet tall so
17:12that's quite a difference mm-hmm on
17:15March 24th 1987 Parish Sheriff's
17:20Department detective O'Neill Danu Junior
17:23asked to be in to view another
17:25photographic lineup one that included
17:28Alexander's photo specifically de news
17:32report said that be in identified
17:34Alexander but her identification was
17:38quote tentative end quote three days
17:43later on March 27th be in viewed a live
17:46lineup that included Alexander he was
17:48the only person who was in both lineups
17:51a procedure considered to be improper
17:54and suggestive because a person could
17:56subconsciously convert the memory of
17:58seeing a person in the first line up
18:00into a memory of that person being the
18:02perpetrator detected 2 knew was not
18:05present because he was in court so
18:07detective Marco newsa Leeloo conducted
18:11the lineup newsa leo checked off the box
18:13possible in his report and next to it he
18:17wrote tentative three hours after the
18:21live lineup dennou returned from court
18:23and interviewed B in privately when he
18:26emerged he reported that be in now said
18:29she was more than 98 percent sure that
18:33Alexander was her attacker
18:38Malcolm Alexander was arrested and
18:40charged with aggregate aggravated rape
18:42he went on trial on November 5th 1980
18:45nearly a year after the crime the
18:47original crime took place the entire
18:50trial from selection of the jury until
18:53the jury's announcement that they found
18:54Alexander guilty lasted one day the
18:57entire trial transcript was only 87
19:01pages long and that's something that if
19:03you don't if you're not like sometimes
19:06doing research for the show I'll pull up
19:07trial transcripts and go through them
19:09and it's like hundreds of page really I
19:12do
19:13yeah sometimes you do that if the trial
19:15is particularly important yeah I mean it
19:19ever done that if you've never if you've
19:22never looked at a trial transcript like
19:24they're [ __ ] long dude because
19:26there's a lot that goes into especially
19:28something like this because this is like
19:31a life-defining trial right right and
19:35the fact
19:36it's only eighty seven pages long we
19:38didn't even break a hundred pages like
19:39what the [ __ ] yeah so this is like the
19:42so like if it was me and I was like like
19:46the person with like like I've got my
19:48nails they're painted I'm done and I've
19:50got probably like you know some we're in
19:52the 70s big glasses maybe and it's like
19:55a typewriter yeah type situation and I'm
19:57sitting there like 100% that was the
19:59situation like imagine barb from
20:01stranger things so line of world 20
20:02years older and clickety clack clickety
20:05clackety on that so that's this person
20:06who is transcribing this right that's
20:08what they do
20:09is that is that that's where the Trant
20:12that's who makes the transcript yes
20:13right but I'm talking about yes right
20:15yeah so this is what you're talking
20:16about I'm not blaming that lady I'm just
20:19saying it was a very quick trial not a
20:22lot of words changed really I was just
20:24trying to figure out what when you're
20:25talking about a transcription this is
20:27what we're talking about the person who
20:28sits and types all of these yes out
20:30which has to be like damn I don't know
20:32that I would be able to do that I don't
20:34think I could have that job in a court
20:35like I don't know that I could not
20:36respond
20:38I'd be like me I would just like it
20:50would just be so detrimental because I
20:52would just lose my place of where I met
20:53and then I'm just like alright well
20:56anybody you just like it's fine we don't
20:59need that line I'm gonna just cut that
21:00if you find me that line next okay thank
21:05you
21:05yeah I feel like I feel like you have to
21:06be like a super Virgo to do that job
21:09pretty much just be like this is it Wow
21:13so we have this be in yeah so we have
21:17this lady who has identified this man
21:19Alexander as 90 which is over 90 percent
21:23yes
21:25so F but after a process obviously so so
21:27what we have is he was actually in a
21:30lineup that she looked at previously so
21:33the right you know one of the one of the
21:34former I don't know that it was the
21:36first but one of the former lineups that
21:38she had viewed Malcolm Alexander's photo
21:40was there right and she said nothing and
21:43then months later after mount this woman
21:47had the
21:48other woman who's not related to the
21:50case at all this other woman said that
21:53Malcolm Alexander sexually assaulted her
21:56and he said no I didn't it was
21:57consensual but she alleged separatists
22:00yes that was a separate incident okay
22:02this other woman who will call I don't
22:05know
22:05Pam barb she she alleged that Malcolm
22:12Alexander sexually assaulted her he said
22:14I did not it was consensual sex and
22:17there was money that was also exchanged
22:21after that happened and the police sort
22:24of became aware of him in that sense
22:26then his photograph was included in a
22:29lineup and after that point being said I
22:35supposedly she recognized him as her
22:38attacker and the note was that it was
22:40tentative so then later she looked at a
22:44live lineup and they had Malcolm
22:47Alexander in that live lineup as well
22:49and he was the only face that was
22:51repeating so he's the only guy who was
22:54in both the photo lineup that she looked
22:56at and the live lineup that she looked
22:58at and that's like not a thing that like
23:00it's not really like a thing right
23:03it's weird that he was the only guy and
23:06it's sort of like the way that it
23:08doesn't necessarily like the vibe that
23:11I'm getting here is of course all of
23:14this is a legend I mean trying to get
23:17sued but this detective O'Neill Danu jr.
23:20seems to be very involved in these
23:26decisions to put Malcolm Alexander's
23:30photo in the lineup because of this
23:31other sexual assault which I mean
23:36objectively speaking maybe if if you do
23:39like if you have an alleged sexual
23:41assault then maybe you would put some of
23:43it but it just seems like he like was
23:46really sort of trying to make he was
23:49really sort of trying to bring about a
23:51certain conclusion right I understand
23:54why you would include the photo in the
23:56photo lineup with all the given you know
23:59allegations
24:01but to then also you know take this
24:04person and have them be the only person
24:05who's repeating in a live lineup to me
24:08now sounds like you have narrowed down
24:10your suspects and now you're trying to
24:12yeah in our city yeah and it seems like
24:15to me like you're trying to piece two
24:17things together so that you're kind of
24:19like essentially kill two birds with one
24:21stone
24:22yeah you know what I mean yep like okay
24:24we have this and we have this over here
24:25you know obviously if I can make this
24:27connection then you know like both of
24:30these instances are taken care of right
24:32right and then you know apparently on
24:33the day that she on the day that the
24:36live lineup actually took place he was
24:39not the detective who was there who was
24:41like sort of running the show but it
24:44sounds like he did all the work leading
24:45up to it and like actually selected who
24:47was going to be in the live lineup and
24:48all that stuff and he was just
24:50conveniently in court that day so
24:51somebody else handled that actual
24:53process and but then when he got back he
24:57interviewed be in personally and then
25:00that's when it changed from tentative to
25:0498% certain that that's the guy even
25:08though his height doesn't match at all
25:10to her original description of her
25:13attacker so we go to trial the entire
25:20transcript is only 87 pages long which
25:22is really short and Malcolm Alexander's
25:25lawyer
25:26Joseph Tosh did basically nothing the
25:31defendant am this guy was so negligent
25:39it was like he didn't even care he
25:45certainly didn't care about winning the
25:46case and he definitely didn't care about
25:48justice and that was something that
25:50would carry through for him because this
25:53guy Joseph Tosh in 1999 he was actually
25:58disbarred from practice that's alien I
26:02mean if you know he was so negligent I
26:05mean yes I would I would hope so because
26:06I mean that's crazy especially because
26:09when you think that your job like some
26:11of us you know like like working retail
26:13and working HR on whatever
26:15like it's not that big of a deal right
26:17but when you get to things like like
26:19this where you know this person's
26:21livelihood their life just kind of
26:24balances and you knowing how to and you
26:27know accurately and you know
26:29professionally doing your [ __ ] job
26:30right you know it it it you know you
26:36don't need to be in this field sir you
26:39don't need to be doing that I'm not at
26:41all doing that was he was he a coin
26:43appointed lawyer do we know or was it
26:46someone that he had no I think it was
26:47somebody that the Alexander family had
26:50retained I don't know that he I don't
26:53think he was court-appointed I'm not a
26:54hundred percent sure call it tentative
26:58[Laughter]
27:02got it okay but yeah so apparently in
27:061999 he he was not partying like it was
27:101999 cuz his ass got disbarred because
27:12basically they had found more than 50
27:15incidents where he took fees and then
27:18did little or frequently nothing at all
27:20and refused to refund his lawyer fees
27:23Wow sounds like [ __ ] dick yeah so in
27:26fact he was not a court-appointed lawyer
27:28because the Malcom Malcom Alexander paid
27:32him fees with a court-appointed lawyer
27:34it's appointed by the court and you know
27:36they do their thing for you not that it
27:38matters they play that man you know
27:40because regardless if you're a corn
27:41appointed lawyer or not you should still
27:42be doing your [ __ ] job but and
27:45there's plenty of lawyers who are
27:46working as court-appointed lawyers I
27:48mean I think that's kind of like where
27:49you start out before you build your own
27:51practice I mean and those those folks
27:53work hard I guess Mike yeah so I guess
27:55that's kind of why I was asking was I
27:57just wanted to see like what level was
28:00this right was he supposed to be
28:04people's private this family actively
28:06sought him out you know paid him what is
28:09probably a huge sum of money because
28:10lawyers ain't [ __ ] cheap a.m. okay
28:14yeah yeah so despite the existence of a
28:20rape kit and also the towel that we
28:22mentioned earlier wait what do you mean
28:24despite things I thought we had one of
28:25those yeah we do so I'm saying despite
28:28the
28:29exist oh sorry and those of those things
28:32would have really so the towel the rape
28:34kit that they took at the hospital as
28:36well as the towel that she cleaned
28:38herself up with before she called police
28:41would have both had semen samples on
28:43them yes mhm so there there was the rape
28:47kit
28:48there was the towel and there were three
28:50pubic hairs that were found on the floor
28:52where the crime took place no forensic
28:56tests happened whatsoever what the [ __ ]
28:59none how no and now look I understand
29:03you might be thinking it's 1980 they
29:05didn't have like DNA testing and all
29:08this [ __ ] but like what I mean when I
29:11say that is like neither the prosecutor
29:15nor the defense order in any testing on
29:18any of those items whatsoever
29:23bull [ __ ] I'll call it I call it out
29:28[ __ ] because I mm-hmm I mean you
29:32have pubic hair like you they were able
29:34to they could have matched they they
29:36could have ordered some tests I mean
29:38listen [ __ ] Rob what was it Maury was
29:44that far off from the 1980s okay and if
29:46they had DNA tests in a few laters you
29:49know on [ __ ] TV I'm pretty sure that
29:52we could have gotten a DNA test when
29:53this was taken
29:54I mean it so DNA testing wasn't
29:57necessarily a thing but forensic testing
29:59is more than just specifically DNA
30:01testing it there's there's lots of the
30:04the priests DNA it wasn't like we had
30:07absolutely no forensic testing and then
30:09one day all of a sudden we were just
30:11like DNA exactly [ __ ] Sol test they
30:16even have to give this man a goddamn
30:18scantron okay like [ __ ] come the [ __ ]
30:21off there were things that existed pre
30:24DNA that could have been done in this
30:27case that could have been ordered in
30:28this case and just nothing like nothing
30:30yeah so um yeah so even though dennou
30:38back to this dinero guy i really
30:42I really have an issue with him so he
30:45his report on March 24th
30:481980 of that photographic lineup that be
30:52in viewed his report said that she had
30:56said her out her identification of
30:58Alexander was tentative however in court
31:01denis told the juror told the jury that
31:03be in quote without hesitation
31:05identified the photograph of malcolm
31:08alexander as the man who perpetrated the
31:10rape on her end quote now don't sound
31:18like tentative to me does it sound like
31:21tentative you remember when we were in
31:22school in english class and you had to
31:24clap to define syllables to see how many
31:26syllables words had tentative it's three
31:29it's the only three it doesn't sound
31:32much like without hesitation identified
31:34the photograph of malcolm alexander as
31:35the man who perpetrated the rape on her
31:37does it no and then see this is why you
31:40couldn't be a court literally what would
31:46happen right here you're witnessing
31:49right you're witnessing it right now
31:51folks this is what happens when katie
31:53becomes involved in transcribing court
31:55cases completely agree does not sound
31:58Titov right at all and then conveniently
32:01remember how I told you the day that the
32:05live lineup took place this new junior
32:10guy was at court and there was another
32:13detective that sort of orchestrated that
32:15sort of did I get ministered that yeah
32:19yeah so he also testified as the guy who
32:25had conducted the March 27th 1980 live
32:28lineup and he had filled out the report
32:31as possible and tentative prior to new
32:35going in after he got back from court
32:37and interviewing her which is when it
32:39turned to 98 percent positive that guy
32:42just said in court that be in identified
32:45Alexander period and I don't know if
32:48that was for me I'm not a lawyer
32:53I'm not Esquire I mean
32:56you could probably do a better job than
32:57this [ __ ] we got I'm not a
33:00squire I could be s dot choir I could
33:04play s choir from just one moment and
33:07what I would say to you as s dot choir
33:09is if I had somebody understand who was
33:14asked you know did she identify this man
33:17and he said yes she identified him I
33:20would definitely be asking some
33:22follow-up questions such as your report
33:25says that it's possible or tentative or
33:27that might be leading the witness
33:29you know I don't know these things I'm
33:31just Esquire but I would definitely ask
33:36some follow-up questions as to how sure
33:38she was when she identified him I
33:40wouldn't just leave it at she identified
33:42him but apparently it's exactly what the
33:44[ __ ] we did is just identified him yep
33:51the prosecution failed to even touch the
33:54possible tentative thing which I get
33:55because that's not their [ __ ] job
33:57they didn't correct any of the
33:59detectives testimony or elicit any
34:01testimony regarding the police reports
34:03that listed the identifications as
34:04tentative they didn't touch it because
34:07they're the prosecution they're trying
34:10to argue that this guy is guilty
34:12apparently the defense couldn't be
34:15[ __ ] bothered Alexander's attorney
34:19never asked any questions on
34:20cross-examination about those
34:22descriptions whatsoever even though
34:23there were documented police reports
34:25that use the words possible
34:26identification tentative they were in
34:29quotes in the police reports he never
34:30asked any cross-examination questions
34:32what I I don't [ __ ] understand yeah
34:38yeah years later looking in retrospect
34:41attorneys who were working on
34:43Alexander's case were unable to
34:46determine whether the prosecution
34:47actually withheld those reports that
34:50documented the I definitions as
34:52tentative or if Alexander's attorney
34:55actually had those reports but he was so
34:58incompetent that he failed to realize
35:00their significance so he never actually
35:02could determine did he literally just
35:04not have them or
35:07did did he just not he just couldn't be
35:12[ __ ] Bobby said just he just was like
35:14[ __ ] off like okay whatever
35:16yeah like I'm just I mean probably
35:18probably I'm gonna say it was the latter
35:20considering the fact that he was you
35:22know well what's that this disbarred
35:26disbarred yes part you know for for
35:32being negligent I mean what the [ __ ]
35:34yeah I'm so mad at Darden my rage has
35:42brought the storm and you know what
35:44that's just fine with me so [ __ ] I don't
35:46give a [ __ ] because we're in it now
35:48Joseph Tosh by the way is that
35:49[ __ ] name let's go ahead and
35:51make sure that Joe's there saying his
35:54Joseph talk yeah the lawyer who didn't
35:56the morning any cross-examine the lawyer
35:59Joseph Tosh Joseph T t Oh sh t Oh sh
36:04Ashley Joseph with a pH I mean the [ __ ]
36:13is he gonna do I mean is he gonna sue us
36:21moving so at this case BN testifies and
36:26identifies Alexander as her attacker on
36:29the stand again when she testifies in
36:32court no mention was made that her prior
36:36identifications had been labeled as
36:37tentative Joseph Tosh represented or he
36:42presented no defense witnesses and never
36:44investigated whether Alexander who had a
36:46steady job with a contractor at the time
36:49of the rape had a viable alibi Tosh made
36:52no opening statement to the jury and his
36:55closing argument took up just four pages
36:56of the trial transcript wow this guy
37:00phoned it in
37:01I mean I feel like at this point like I
37:05would have just removed mr. Joseph Tosh
37:10[ __ ] ass lawyer former former [ __ ] ass
37:16lawyer I would have just I mean III
37:19probably would have just tried to say
37:21[ __ ] it let me just I can [ __ ]
37:23represent my damn self
37:25I have that right yeah which is we'll
37:30get into it in the discussion portion a
37:31little bit more but that's kind of why
37:36the exoneration work that the Innocence
37:39Project is doing is really important but
37:42that specific issue right there is why
37:45the community work that they're doing in
37:46the legal education weren't that they're
37:48doing is so much more important because
37:49he had a lawyer who did not give a [ __ ]
37:52very clearly right very clearly
37:54documented you know say alleged all you
37:57want but it's in the trial record
38:00mmm-hmm I mean he was either so
38:04incompetent that he couldn't function or
38:06he just didn't give a [ __ ] and at the
38:07end of the day none of it matters to me
38:09Malcolm Alexander right it's it's the
38:11reason why doesn't matter it's the fact
38:14that because of that justice wasn't
38:16carried out exam so and and and the
38:21community building legal education stuff
38:23that the Innocence Project is doing is
38:25you know teaching people these are what
38:26your rights are you know if a lawyer is
38:28not doing this this and this for you you
38:30can [ __ ] fire them like get rid of
38:33them like you know and and I think that
38:37a lot of times people particularly not
38:40to say that like that that's exactly the
38:43situation that's going on here but
38:46certainly there's lots of cases where
38:48people don't necessarily know exactly
38:50what their legal rights are they don't
38:52necessarily know the resources that are
38:54available to them or sometimes there
38:55aren't resources available to them and
38:58that's how we end up with [ __ ] like this
39:00you know what he should have had
39:02Elwood's
39:04absolutely woods would be horrified by
39:10this for real so after what I can only
39:15imagine was a lackluster closing
39:17statement the jury was sent out to
39:20deliberate at 5:20 p.m. by 616 p.m. that
39:27is less than an hour that is 56 minutes
39:32to be exact the jury had voted to
39:36convict Alexander they returned to
39:40announce the verdict and had been
39:42dismissed so all of that happened by 616
39:45p.m. the jury had decided announced
39:48their decision and were dismissed the
39:52judge then sentenced Alexander to life
39:54in prison without parole
39:56god damn Tosh Josef Tosh the former
40:02lawyer former lawyer Josef Tosh assured
40:05Alexander and his family that he would
40:07file an appeal but he never did Oh God
40:12God what a winner when family members
40:16altima discovered that no appeal had
40:19been filed they sought the help of
40:20another lawyer that lawyer was granted
40:23permission to file an appeal although
40:24the filing deadline had lapsed the
40:28appeal however was denied by the
40:31Louisiana Court of Appeal in 1996 after
40:37reading a news article about the DNA
40:40testing now keep in mind this man was
40:43convicted we're talking about 1996 now
40:47yeah this trial took place let me get
40:50the exact date yeah November 5th 1980
40:57right so 1996 is 16 years later that
41:02this man has been sitting in jail in
41:04prison 16 years and he reads a news
41:09article about DNA testing
41:13Malcolm Alexander did from prison he saw
41:16this news article about this DNA testing
41:18and he was like hey maybe this can help
41:20me out so he reached out to the
41:21Innocence Project in New York for help
41:23however a search for the physical
41:26evidence was unsuccessful court
41:29officials informed the Innocence Project
41:30that the evidence the evidence I'm
41:34talking about is that rape kit the rape
41:35and the pew there's three pubic hairs
41:38yeah yeah yeah the evidence had
41:40inadvertently been destroyed in 1984 Oh
41:43during a mass destruction of
41:46hundred boxes of evidence from closed
41:48cases okay oh oh okay
41:51so another reason why I can't be a part
41:55of this [ __ ] cuz me me from the enemy
41:58working at the Innocence Project when
42:00calling these [ __ ] and them
42:02telling me telling me this
42:04AHA okay I'm gonna tell you what I don't
42:07like that this I didn't I didn't like I
42:09felt like we were kind of co-opting the
42:10word you know suspicious at the
42:12beginning of this but I will say that
42:15this is suspicious and it's [ __ ] up I
42:20don't it just just disappeared it just
42:22[ __ ] this one particular box just
42:24like how does a box of evidence like
42:26disappear any like how do they get how'd
42:29it get destroyed babe intense is like
42:31this are like why I like don't sleep at
42:39night leave any other reasons
42:42inadvertently destroyed in 1984 during a
42:46mass destruction of several hundred
42:49boxes of evidence from closed cases
42:51meaning but not only is the particular
42:54case that we're discussing right now
42:56like I'm like I'm upset because the
42:58evidence for that case was destroyed but
43:02then we we got it what about this mass
43:04destruction of all this [ __ ] evidence
43:05from these closed cases from these other
43:07closed cases from these other cases of
43:09these other people right that are just
43:13like not gonna have any more ever say
43:15did we just decide did it expire girl
43:18it's not milk you need to buy a damn
43:21storage unit oh that [ __ ] away that's
43:25what I'm saying so this was like a thing
43:27that this wasn't like an accident like
43:29the building was caught on fire in this
43:30bar generator some [ __ ]
43:32this was like a planned like we're
43:36destroying this evidence it you know
43:39it's really weird and vague cuz like
43:41normally they'll say things like Oh a
43:42building caught on fire yeah I mean
43:45that's not warrants just burned up and I
43:47mean to be fair like I mean [ __ ] happens
43:49like tragedy like that happens but like
43:52this this whole thing seems a little
43:57fishy not the good kind of fishing
43:59the bad cop yeah that fish bad fish the
44:03kind that you bought thinking that you
44:04were gonna grill like a nice salmon
44:06dinner for you and your family and then
44:07you just you're crippling depression
44:09just made it so that you couldn't peel
44:11yourself off of the couch to cook said
44:14salmon so it's sat in the refrigerator
44:16where you thought it for a week and
44:19every day you see it when you go in to
44:21get your creamer for your coffee in the
44:22mornings and every day you get a little
44:25more disappointed in yourself until
44:27eventually you throw it away
44:28and then you go to the grocery store
44:29when you get a new piece of salmon and
44:31you put it in the freezer and you wait
44:32for better times yes yes fish exactly
44:36fishy like that fishy like Joseph Tosh
44:40former lawyer former former lawyer no
44:44longer a lawyer was disbarred jars and
44:47Joseph Tosh so apparently the only thing
44:49else that we got on that was that a
44:51deputy clerk attributed the the mass
44:54destruction of these several hundred
44:56boxes of evidence that could potentially
44:59solve all these cold cases and because
45:02of the fact that we never ran tests on
45:04these to begin with we didn't have the
45:06paperwork ya know to you know go back on
45:10in case the evidence was just yeah which
45:12doesn't make sense to me you know what I
45:15mean like it it it would seem like you
45:17would run your tests and record this in
45:19the event that something happens because
45:23as we know cold cases don't always stay
45:26cold yeah either detective great when
45:29they don't stay closed sometimes and
45:33evidence is needed bring the case years
45:37and years later so why are we destroying
45:40evidence yeah anyway this deputy clerk
45:46she attributed she or he attributed the
45:49destruction to quote human error which
45:52should not have happened
45:54end quote which is like the
45:57understatement of the [ __ ] year
45:59human error that should not have you say
46:03that about you know an up-and-coming
46:07podcast that and I mean that's this you
46:10know it was a human this
46:13Cass was a human error it should not
46:15happen the haunted heart podcast if we
46:20put it on March they wouldn't buy it
46:22anyway Oh herb I guess a human error
46:25which should not have happened
46:28that's our new tagline season three
46:30coming at you yeah no you just don't say
46:34that about things you know I mean again
46:36going back to what we're talking about
46:39here we're talking about people's like
46:41lively talking about you know really
46:45important [ __ ] it's like doctors it's
46:47like lawyers and even this like this
46:49just I'm sorry it may have been a human
46:52error but like mm sorry there there's a
46:56lot at stake here and so there is not
46:59room for human error right yeah so that
47:09basically led to a stalled because
47:10without evidence you can't really do any
47:14DNA testing his case Malcolm Alexander's
47:18case was a perfect case for DNA testing
47:20it seemed like it was kind of like like
47:22all did all the mention of the evidence
47:24was leading us in that direction and
47:25then you know when when the Innocence
47:28Project was told that you know the
47:31evidence was destroyed obviously that
47:32was a major stall
47:36however Malcolm Alexander pressed on he
47:42was not giving up and in 2004 he heard
47:48that Louisiana had enacted a
47:50post-conviction DNA testing law so he
47:53filed a motion for testing hoping that
47:56it would spark further searches for
47:58evidence and he also filed a federal
48:00petition for a writ of habeas corpus
48:03[ __ ] yeah I don't know what any of that
48:04means but like I'm here for it I bet you
48:07he knew what the [ __ ] he did know what
48:09the hell it meant I don't know what the
48:11[ __ ] it means I'm not gonna tell you
48:13either because I'm getting through this
48:15story because this is the part that I
48:16like okay so that was in by the way that
48:19was in 2004 in 2013 so almost a decade
48:24later his efforts were rewarded
48:26when the Jefferson Parish Sheriff's
48:28Department Crime Laboratory discovered
48:31the pubic hairs that were removed from
48:32the bathroom floor where BN was raped in
48:351979 wait where did they discover them
48:38they just discovered so they weren't
48:41destroyed maddening yeah they just
48:43weren't destroyed now apparently they
48:44weren't they were just [ __ ] somewhere
48:46oh look I just found this bag of pubic
48:49hairs up under the shelf here that I
48:50thought I'd destroyed here they are in
48:552013
48:56so obviously the Innocence Project and
49:00the prosecution agreed to the DNA
49:01testing on the hairs shortly actually
49:04not that shortly but these things I
49:06guess do take time apparently they
49:09agreed to DNA testing on the hairs in
49:112015 and testing was actually performed
49:14in 2016 the tests showed that all three
49:17of the hairs came from the same person
49:19and Malcolm Alexander was excluded as
49:24the source of the hairs so in 2017
49:31following this testing the Innocence
49:33Project joined by the Innocence Project
49:36in New Orleans which is a specific
49:39branch in New Orleans
49:42they filed a motion they filed a motion
49:45seeking to vacate Alexander's conviction
49:48citing the DNA evidence as well as the
49:50failure of Alexander's trial defense
49:53attorney for my lawyer Joseph Tom joseph
49:57Tosh former lawyer former former no
50:00longer a lawyer
50:01Joseph Tosh so they cited this DNA
50:05evidence as well as this piece of [ __ ]
50:07and his abject failure to revive to
50:11provide an adequate legal defense
50:14quote the most reasonable conclusion is
50:17that the hairs originated from the man
50:20who repeatedly raped B in from behind on
50:23the floor in the very location where
50:25these hairs were collected end quote
50:27that was from the actual petition to
50:32vacate his conviction right so on
50:35January 30th 2018
50:41judge Juneberry Darren's burg of the
50:44Jefferson Parish District Court
50:46dismissed the indictment and ordered the
50:48release of Malcolm Alexander after
50:50serving nearly 38 years in prison
50:54damn Alexander was finally freed Malcolm
51:01Alexander was arrested for the 1979
51:03crime based on a deeply flawed
51:06unreliable identification procedure his
51:09paid lawyer failed in his most basic
51:13duties to prevent to present a defense
51:16the kind of defense that the American
51:19legal system is supposed to provide for
51:20all American citizens in may 20 19
51:26Malcom Alexander filed a claim for
51:28compensation from the state of Louisiana
51:30for his pain and suffering as a result
51:31of the false conviction that he served
51:3338 years in prison for the details of
51:37his settlement are not public but I did
51:41some digging and learned a bit about how
51:43compensation for the wrongfully
51:45convicted works so it's it's handled at
51:48the state level so it varies from state
51:51to state and the payouts for the
51:54wrongfully convicted differ wildly
51:55between the states take Louisiana for
52:00example where this case took place
52:03uh-huh Louisiana pays out a maximum of
52:08two hundred and fifty thousand dollars
52:11over a 10-year period which if you do
52:15the math that comes out to twenty
52:16thousand dollars a year - its wrongfully
52:19convicted that's the maximum so he could
52:24oh don't worry I did the math this means
52:28that at best under the state law Malcolm
52:32Alexander received just six thousand
52:34five hundred and eighty dollars per year
52:37for the 38 years he spent in the
52:40Louisiana State Penitentiary before
52:43being exonerated in January 2018 [ __ ]
52:46I'm gonna tell you what no no that won't
52:49fly for me 38 years of my 30 years in
52:52your [ __ ] life
52:53you that there better be a bag at my
52:57[ __ ] door filled filled to the
53:01brim several bags actually and a lot of
53:03people think that that is how it works
53:06that you you know for folks who were
53:10wrongfully convicted that the government
53:12has to pay up where the state has pay up
53:13but honestly like having researched a
53:16lot of how the wrongfully convicted
53:19payments work it just depends on what
53:21state you're in because I mean this man
53:23I mean that's 38 years of your life
53:26yeah that's 30 I mean no money is gonna
53:29make up no money that is but at the same
53:31time like so how do we know how old he
53:34was when he got out ah
53:36I think he was 20 when he went in or 19
53:40so he was like 58 to 60 years old yeah
53:44right
53:45so that's you've spent the majority of
53:48your youthful year you've spent your
53:50entire youth in prison mm-hmm
53:56I should not have to or he should not
53:59have to then he should not have to work
54:02for the rest of his life he should be
54:04cared for for the rest of his life I'm
54:05sorry he should have been given the
54:07financial resources to just enjoy what
54:11do you enjoy what time he has left I'm
54:13sorry sixty years old
54:16you shouldn't spend any of it punching a
54:20clock but still I mean 60 years old I
54:22mean that's time for people to start
54:23thinking about I mean they're coming
54:25close to retirement you know like it
54:28just that's just so infuriating to me
54:30and I understand it's like like you said
54:32bye-bye state or whatever but I just
54:34think that that is grossly unjust yeah
54:37it is disgusting
54:39like a lot of people I think we just
54:41assumed I had you just assumed that they
54:44get these big settlements I thought he
54:46was about to walk out with Bane client
54:47because it seems like they should but it
54:51doesn't really work that way
54:52a lot of times so just shy of actually
54:58his wife his his wife shared she was
55:04like one of the new sources that I read
55:07she was talking about how you know he's
55:09working a job now and he always wants to
55:12be like 30 or 40 minutes early for his
55:14job and she has to like talk to him to
55:18not be like 40 minutes early for work
55:21like everyday like he's that
55:23conscientious and he's that like type of
55:25person and it's just like me and he
55:28shouldn't even have to like do that if
55:31you don't want to well I shouldn't even
55:32have to go to it right right anyway so
55:36just shy of one year following his
55:38release from prison the Innocence
55:40Project actually interviewed Malcom
55:41Alexander about his life outside of
55:43prison adjusting to his new life has
55:46certainly had its ups and downs but he
55:48shared touching stories of reuniting
55:50with his family and friends his son and
55:52his grandson and he also had the chance
55:56to marry his childhood sweetheart
55:59towards the end of the interview the
56:02interviewer asked him is there anything
56:04else you would like to share with the
56:06Innocence Project community and your
56:07supporters and I would like to share
56:10Malcolm's answer to that question with
56:12you here like I always say there is more
56:17good in the world than bad the Innocence
56:20Project and the people who have been
56:21supportive of me show me that every day
56:23I know I'm not the only one they are
56:25helping there are many others and that
56:28alone says so much I am NOT just going
56:31to tell them that I appreciate them for
56:33helping me get out of prison but I'm
56:35going to live the rest of my life
56:36showing my appreciation for them right
56:40now I'm actually on my way to a
56:41fundraiser for the Innocence Project New
56:43Orleans I want to show my support for
56:46them I meant what I said when I got out
56:49of prison anything I can do to help out
56:51let me do it it would bring me joy I
56:54don't just want to be on the receiving
56:57end I want to be on the giving end too
57:01so to all my supporters let me just say
57:04thank you for letting me live you
57:08reunited me with my childhood sweetheart
57:10and with my family I appreciate the love
57:13you have given me you just don't know
57:15how much I appreciate it
57:19Wow yeah it's really it's it's like it's
57:31upsetting but it is also reaffirming to
57:36see somebody who has gone through
57:38something I mean this Malcolm Alexander
57:40is the innocence projects
57:42longest-serving exonerated client the 38
57:45years that he sent spent in prison is
57:47more than I mean now that's not to say
57:50anything about anybody else if you go to
57:52their website you can see all the cases
57:54that they've worked on in all the folks
57:56that they've exonerated who were
57:58wrongfully convicted and you know there
58:02are people on there that have served 15
58:03years 20 years you know upwards of that
58:06and but he is their longest serving
58:10exonerated client with 38 years in
58:12Louisiana State Penitentiary and and to
58:16hear somebody who has had so much taken
58:23from him say I don't I don't want to
58:28just be on the receiving end I want to
58:30be on the giving end too and you know
58:34anything that I can do to help out let
58:37me do it right and the fact that he's
58:40very involved with the Innocence Project
58:43to date he he helps out with fundraisers
58:47he you know helps spread the word he
58:51helps them with publicity stuff and and
58:54just the fact that he is not the fact
59:01that he's able to look at the world and
59:03still say there's more good in it than
59:04bad is really inspiring to me yeah I
59:09wouldn't I would have to agree it's
59:11really inspiring and it definitely I
59:14don't know like I don't know that I
59:16would have that same you know what's the
59:20word I'm looking for I just don't know
59:21that I would I don't I don't even that I
59:22would be able to have that because I
59:24don't like I said to me I it I'm just
59:30still stuck on like it's just that
59:32like it's like that value of someone's
59:37life right I mean even though no no
59:40amount of money could like you know
59:45cover you know the times that you that
59:48you've lost I mean it's not just being
59:52free but it's like you're losing those
59:54times with your family you're losing all
59:56of those special moments and there's no
59:58way that there's there's no amount of
59:59money that can cover that but it still
1:00:01just feels like like I still just feel
1:00:05like he's not fully rectified fully
1:00:08rectified and while he's being so
1:00:10gracious yep about his situation and
1:00:14wanting to and to give back and share
1:00:16his story I'm still like I'm like I'm
1:00:19over her like I love you I really do and
1:00:22then now let me turn my face over to the
1:00:24other people and I'm like [ __ ]
1:00:26I will [ __ ] punch you in the face
1:00:28yeah you know what I mean like I that's
1:00:32just kind of how kind of how I feel
1:00:34about the whole situation it makes you
1:00:36and [ __ ] you Joseph Tosh warmer
1:00:39definitely [ __ ] that guy
1:00:41[ __ ] a lot of people but I think I think
1:00:48the takeaway here as I was reading this
1:00:52story obviously I get as I was doing the
1:00:55research I was like enraged and I'm sure
1:00:58that came through but stories like this
1:01:02do make me mad they make me really angry
1:01:04they make me they upset me they make me
1:01:06sad they make me angry that this man
1:01:09lost 38 years he talks about reuniting
1:01:11with his sons and his grandsons and
1:01:13being so happy that he has the
1:01:15opportunity to do that but the truth is
1:01:17that he should have been there all along
1:01:18with them because he shouldn't have been
1:01:20sitting in prison for a crime that he
1:01:21didn't do and that's the truth yes so it
1:01:27does make me angry but what I wanted to
1:01:31the reason that I wanted to read his
1:01:33answer to that question of is there
1:01:35anything that you want people know is
1:01:39because Malcolm Alexander the person who
1:01:43has suffered the most in this situation
1:01:45is not
1:01:46turning to rage he's not turning to
1:01:49bitterness he's not turning to anger
1:01:51he's not turning to hate he's saying I
1:01:54want to do everything that I can do for
1:01:57the people who supported me and the
1:01:59people who helped me I want to do
1:02:00everything that I can do to help prevent
1:02:03this from happening to other people I
1:02:05want to do everything that I can to
1:02:08change my community to educate to
1:02:13support and to bring about change so
1:02:16that nobody else has to go through this
1:02:17and that to me is the message here yeah
1:02:22is the message that he wants to share
1:02:24and the message that I want to amplify
1:02:26is I mean get mad sure but don't stay in
1:02:31that and don't let it make you bitter
1:02:34and don't let it make you hate approach
1:02:40approach change and approach these
1:02:46situations that fill you with this rage
1:02:47with that spirit of thankfulness and
1:02:53gratefulness and being happy to have the
1:02:56opportunity to help right and I love
1:03:01that because especially with him going
1:03:02through this I mean honestly he can be a
1:03:07resource yeah for you know other people
1:03:10who are going through this you know in
1:03:13his local community and and in other
1:03:15places a worldwide honestly I mean with
1:03:17yeah you know with this with the
1:03:21Innocence Project amplifying his voice
1:03:23and stuff like that so I think that the
1:03:25fact that like you said he's you know
1:03:28with his gracious attitude about it I
1:03:31just find that it's um that it is really
1:03:35inspiring so yeah yeah he's good people
1:03:38he's good people take that energy out
1:03:40there into the world cuz I know there's
1:03:41a lot of craziness going on in the world
1:03:43and I know ever there's a lot of anger
1:03:45and there's a lot of bitterness but but
1:03:47don't give in to that bitterness because
1:03:49that is not gonna that's not going to
1:03:53fuel the type of love and change that we
1:03:55need the only thing that's going to feel
1:03:58that is coming
1:04:00together with a grateful heart and doing
1:04:04the best that you can to help your
1:04:07community right I do want to acknowledge
1:04:10my sources for today's material we the
1:04:15National Registry of exonerations is a
1:04:18really interesting resource it's very
1:04:19cool
1:04:21I would encourage if your industry crime
1:04:23you should definitely go check it out
1:04:24it's a project that was put together by
1:04:27three different universities so it's the
1:04:28University of california-irvine Center
1:04:31for science and society the University
1:04:34of Michigan Law School and the Michigan
1:04:36State University College of Law these
1:04:38guys have put together this registry of
1:04:40exoneration like cases involving
1:04:43exonerations all across the country and
1:04:45it's really well done
1:04:47so big thanks to them for supplying a
1:04:50lot of research for this episode as well
1:04:52as the Innocence Project obviously you
1:04:56can find them online at innocent
1:04:58Innocence Project org you can read about
1:05:03all the good work that they're doing the
1:05:05overturning wrongful convictions is just
1:05:07part of it the work that they're doing
1:05:09in the community is to promote legal
1:05:11education is in my opinion like laying
1:05:15the groundwork for having a more
1:05:17informed society for you know helping
1:05:20people like the Alexander family figure
1:05:24out like okay at what point do we just
1:05:26cut this [ __ ] lawyer loose and what
1:05:28what sort of recourse do we have cuz
1:05:31right you know a paid lawyer right so
1:05:35definitely check them out if you can
1:05:38consider donating to them if you have
1:05:40the financial means to if you can't just
1:05:43amplify their message and share away
1:05:45yeah and learn I mean honestly just go
1:05:47to their website and learn a thing into
1:05:49and just by you doing that and learning
1:05:56some of what they're putting out there
1:05:57into the universe I think that you know
1:05:59your perspective will be changed and
1:06:00therefore maybe in your interactions
1:06:02with other people you'll sort of start
1:06:04to I believe in incremental change that
1:06:06way I believe in you know I learned
1:06:09something new and then I take that new
1:06:12thing that I've learned
1:06:13I spread it on I spread it all over my
1:06:15people like a little bee like a
1:06:17pollinator like a pollinator and then
1:06:19they spread it to all their people and
1:06:21then sooner or later everybody you know
1:06:24knows that thing and it's common
1:06:26knowledge I just really started thinking
1:06:29about STDs just now spread love and
1:06:35knowledge like an STD should we steal
1:06:43consensually stay protected
1:06:46take your prep all that good stuff
1:06:48whatever love that I actually also have
1:06:53a couple of reviews if we wanted to get
1:06:55into that or we closed the show yeah I'm
1:06:58this stormy this dark and stormy evening
1:07:01notice that this storm has stopped it
1:07:04has stopped because we've calmed down
1:07:05and we've learned how to not live in
1:07:08anger so I have one from B G W cheer
1:07:212011 into it I got it binge worthy
1:07:25golden magic first let me say that I
1:07:30adore the two of you your podcast is my
1:07:33newfound favorite because it is a
1:07:34perfect mesh of true crime spooky
1:07:38paranormal etc etc that's my favorite
1:07:42that's me I'm so glad I got a wild hair
1:07:47and randomly click to listen I love that
1:07:50phrase I got a wild hair points for that
1:07:53brace I am a person of routine and
1:07:57definitely do not like to stray from
1:07:59what I know and love I feel that while I
1:08:03am still like this well I'm still like
1:08:08this I'm not quite as uneasy to try new
1:08:11things now because I found such gold in
1:08:15the Haunted Hart podcast Oh was it
1:08:17really gold was it really good let's be
1:08:19real was it going gold or was it that
1:08:21[ __ ] that they give you when you go to
1:08:23like the mining Oh like when you're a
1:08:26kid that
1:08:26fool's gold fool's gold like where you
1:08:29can like sift for gold you know I mean
1:08:33the only gold over here is like the
1:08:35flakes from Goldschlager okay like
1:08:37that's that's all that we've got over
1:08:39here but we appreciate that they
1:08:42continue to say I only stumbled across a
1:08:45haunted heart yesterday but I haven't
1:08:47been able to stop listening love y'all
1:08:49Purple Heart
1:08:52we love the Purple Heart and then my
1:08:55next one is from I Valley Bai Li bana BL
1:09:05White Way AI Li Bailey babe it's Bailey
1:09:11Bailey that is not no okay no Bai Li
1:09:17yeah Bailey okay it's like a way to
1:09:20spell it sure I've never heard of that
1:09:22but that's okay Kinney
1:09:24nobody spell that it's not very they do
1:09:28yes they do and this is titled five
1:09:31stars times infinity
1:09:33this one's really sweet by the way Kimmy
1:09:36and Katie are the best like that other
1:09:38one that was hateful no but this is when
1:09:42yo you'll get it okay Kenny and Katie
1:09:45are the best podcast host of all time I
1:09:50love when you blow smoke up my girl girl
1:09:54girl or boy I don't know no no or not
1:10:00whatever I came late to the party so I
1:10:04benched the first 80 or so episodes and
1:10:07have been an avid fan ever since I'm
1:10:10obsessed with the theme of this podcast
1:10:13and really appreciate all of the blood
1:10:14sweat and tears you have poured into it
1:10:17I don't we know it
1:10:18I appreciate that your show is not only
1:10:22hilarious but also so entertaining that
1:10:25I always find myself wishing the
1:10:26episodes hadn't gone by so fast when I
1:10:28finished them Kenny your honesty and
1:10:37stories are literally what I live for
1:10:39your humor
1:10:41exactly no way that was about you know
1:10:42what that was about your honesty in
1:10:44stories
1:10:45that's about the story you told about
1:10:46[ __ ] in the bidet that's 100 and
1:10:51that is just for that vid a story Bailey
1:10:57your humor is exactly what I need when
1:10:59I'm feeling stress E and depress e Katie
1:11:07you don't know how much you have helped
1:11:09me for years I've wanted to seek
1:11:12counseling for my mental health but was
1:11:13always too embarrassed in case anyone
1:11:15ever found out listening to you speak so
1:11:18openly and freely about going to therapy
1:11:20really settled my decision for me I'm so
1:11:22happy to tell you that because of you
1:11:24I'm in a program with a counselor that I
1:11:26love the two of you and your podcast
1:11:28have been a real blessing in my life I
1:11:30love you both
1:11:31Hart spooky for life I told you I cried
1:11:37when I first read it I did I cried cried
1:11:44once episode girl I'm so happy to hear
1:11:50that I'm I mean thank you for the review
1:11:53whatever I mean [ __ ] it but I'm so happy
1:11:56to hear that you are in a program and
1:12:00working with a counselor I've really you
1:12:03guys know that I think therapy is great
1:12:05I think everybody should be in therapy I
1:12:06think it's nice to have somebody outside
1:12:08your own circle of people who are in
1:12:11your life who are in your [ __ ] to talk
1:12:14to about your [ __ ] because no matter how
1:12:16much you you know I love Kenny today
1:12:19when I talked to him about a lot of
1:12:21stuff and I talked to him about a lot of
1:12:22the [ __ ] that's going on with me but he
1:12:24is also you know to be fair he is part
1:12:27of my [ __ ] right
1:12:29so you it's nice to have somebody who's
1:12:31totally outside of everything who you
1:12:34can just speak to who can give you
1:12:35objective you know input and really help
1:12:39you get to the heart of whatever it is
1:12:43that's bugging you so and it's not it
1:12:46doesn't have to be a shameful thing it's
1:12:49not a shameful thing it's just owning in
1:12:51fact I think is one of the bravest
1:12:52things that you can do to be quite
1:12:54honest is
1:12:54to is to look yourself in the mirror the
1:12:58way that you do in therapy is to kind of
1:13:01see yourself in that way so I'm very
1:13:05happy to hear that Bailey and I'm sorry
1:13:07that Kenny couldn't pronounce your name
1:13:09that's still TVD he's just kind of
1:13:11[ __ ] TVD though TV the TBD that's all
1:13:16I'm gonna say you know whose name I can
1:13:18pronounce Joseph [ __ ] Tosh who
1:13:21is no former attorney we might talk
1:13:25about him that might be welcome to the
1:13:30heart podcast this episode is brought to
1:13:32you by former disbarred Regis that's how
1:13:38we're gonna hit Troy the show that's
1:13:39gonna be all right when and when in the
1:13:41next intro when I create it for season
1:13:44what the [ __ ] ever that's what's gonna
1:13:47happen it's just gonna be the
1:13:48thunderclap and then it's gonna be
1:13:50Joseph Tosh remember remember this
1:13:53[ __ ] yeah I just I feel like a
1:13:58lot of um I don't know this might be
1:14:01just in researching that case like I
1:14:03just feel like a lot of people were like
1:14:05his lawyer like his defense lawyer his
1:14:07and they didn't necessarily name-drop
1:14:09him and I'm like nama say that bitch's
1:14:11name time he's referenced because I want
1:14:14you to know who we want you to know who
1:14:17he is we want you to know that his name
1:14:18is Joseph Tosh infamous salmon that he
1:14:21is a former lawyer anyway away from
1:14:25people that we don't want to have
1:14:26anything to do with like Joseph Tosh
1:14:28former lawyer
1:14:31people that we do want to have stuff to
1:14:34do with is you yeah so have stuff to do
1:14:37with us on social media when it's safe
1:14:40for you and in the scope of taking care
1:14:44of yourself you would love to see you on
1:14:46Instagram at the hundred hour podcast we
1:14:48would love to see you on Twitter at the
1:14:50haunted heart we would love to see you
1:14:52on Facebook both on our Facebook page as
1:14:54well as on our closed Facebook group
1:14:56it's closed for your privacy it's not
1:14:58closed because we don't want you to
1:14:59[ __ ] join it it's closed because we
1:15:02know that you don't want your great aunt
1:15:03Kathy to see the gay horror means that
1:15:06you're posting pretty much on Facebook
1:15:07so
1:15:08if you just request to join either Kenny
1:15:11myself or a member of the murder brawn
1:15:12squad will approve you and then you can
1:15:15chat away to your heart's content
1:15:17a shat chat oh I thought you said shatta
1:15:20way I mean do whatever you want on your
1:15:22own time
1:15:23but I don't think that no sitting in
1:15:26with in terms of service no no [ __ ]
1:15:30in the clothes group but I will say you
1:15:33know that crying isn't the only way to
1:15:34make us wet but continue to leave us
1:15:39reviews we love it we love reading them
1:15:40on the air and I particularly just
1:15:43[ __ ] love it
1:15:44I think Katy could give [ __ ] less but
1:15:50sometimes the world dogs back I think
1:15:53I'm just I think that like so just a Leo
1:15:56and you need the [ __ ] bear I need the
1:15:58validation the bats was okay alright so
1:16:00what we're not good this is not a
1:16:01therapy you're not going we're not doing
1:16:05this right now we're not we're not going
1:16:08there you are correct but I think
1:16:11subconsciously I'm really just waiting
1:16:13for that one that's just like [ __ ] again
1:16:18[Laughter]
1:16:21I'm not send us a shirt I mean don't I
1:16:26mean listen to me listen to mother no I
1:16:30mean I'm just saying and I say to you no
1:16:33I just wanna I just want to read
1:16:36somebody I don't know maybe I'll leave
1:16:41it for you Kenny you piece of [ __ ] can't
1:16:48even spill know they're gonna write
1:16:51reviews to make us cry remember we had
1:16:55that thing where you were insulting
1:16:57people you were yelling at people to
1:16:59leave you funny reviews to make you
1:17:00laugh
1:17:00now they're gonna try to all outdo
1:17:03everybody I'm making us cry I don't
1:17:05think I mean I'm gay I don't think they
1:17:07give a [ __ ]
1:17:08probably not haha we'll see maybe we'll
1:17:12see alright if you have listened to you
1:17:16all the episodes like Bailey apparently
1:17:18and you want more haunted
1:17:22you can find us on patreon.com slash the
1:17:24haunted heart there you can join our
1:17:27patreon Facebook group and get exclusive
1:17:30content patreon folks I know it's been a
1:17:34little slow on the patreon feed lately
1:17:36but we have we do have stuff that is
1:17:39coming down the line we have some things
1:17:41recorded that we're going to drop their
1:17:43exclusive it to you all
1:17:45spooky smut is coming I'm working on it
1:17:48for you and yep so you can join us there
1:17:53check us out there's some exclusive
1:17:55content there if you don't have enough
1:17:57[ __ ] and your feed already yeah
1:17:59that's yeah I would say do that yeah do
1:18:02it go for it do it you won't nope I
1:18:06guess that's the end of this episode
1:18:08goodbye no my no you know what you got
1:18:14to do everyone but Joseph Tosh former
1:18:18lawyer he's not invited who's not
1:18:20invited
1:18:22[Music]
1:18:35you

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