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Exonerated: Kirk Bloodsworth, James Bain, Anthony Porter, and Alstory Simon — Transcript

by Murder Dictionary Podcast · 10,315 words · 1,501 segments · language en · Watch on YouTube

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  25. 1:33hello and thank you for checking out
  26. 1:35murder dictionary podcast my name is
  27. 1:38Breanna and with me is Kelly hey before
  28. 1:42we get started I'd like to remind you
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  34. 1:57crimes going on and new serial killers
  35. 1:59and there's been a lot of news actually
  36. 2:02lately tons of news Brendan Schaub Kolob
  37. 2:04Brendan Dassey like so much so I've been
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  39. 2:09killer memes but I'll get back to it
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  49. 2:34wonderful as well people at the bus stop
  50. 2:36shout it out Rangers please go to the
  51. 2:39corner and yell about us yeah in every
  52. 2:41bathroom or a good time listen to murder
  53. 2:47dictionary podcast alright so today
  54. 2:52we're going to be talking about
  55. 2:54exonerations I feel like this is a
  56. 2:57subject where most of the time I'm
  57. 2:59getting really upset about lenient
  58. 3:02sentencing you know just like all crimes
  59. 3:04against women or crimes committed by
  60. 3:05white people or they just get off so
  61. 3:07easily
  62. 3:07but this one is equally as compelling to
  63. 3:10me just because it's so tragic every
  64. 3:13story is just years and years of
  65. 3:16people's lives just gone yeah and it
  66. 3:19just feels like um there's that
  67. 3:21nightmare I don't know how many people
  68. 3:23have it I think it's pretty common of
  69. 3:25just being in the middle of a surgery
  70. 3:28and waking up from anesthesia that's
  71. 3:30what this reminds me of and I know I
  72. 3:32mean personally I've had a lot of
  73. 3:34medical stuff so that's more personal
  74. 3:36for me but that's what it feels like is
  75. 3:38you're just trapped in in this situation
  76. 3:41and there's nothing you can do
  77. 3:43just hopelessness so anyway so this
  78. 3:46subject is really compelling and tragic
  79. 3:48and so instead of talking about the
  80. 3:51psychology like I usually like to start
  81. 3:53off with I actually found some
  82. 3:56statistics that I found are really
  83. 3:58really horrific and jaw-dropping so I
  84. 4:01wanted to share those with you guys so
  85. 4:03approximately 4% of those sentenced to
  86. 4:06be executed are innocents or percent yes
  87. 4:10for that yeah
  88. 4:13an astounding 125 exonerations were
  89. 4:18recorded in 2014 alone yeah well no
  90. 4:23that's I mean actually not too many
  91. 4:25that's I mean it's too many for it to be
  92. 4:27happening but yeah good that there was
  93. 4:29at least a high it's better than zero
  94. 4:30right yeah I mean I'm I'm glad that
  95. 4:33there's people that are being exonerated
  96. 4:35but it's also just like how are we
  97. 4:37getting this so wrong yes there's got to
  98. 4:39be something wrong with the criminal
  99. 4:41justice system absolutely
  100. 4:43so there is an exoneration every three
  101. 4:45days in this country as of 2015 one
  102. 4:49thousand five hundred and seventy nine
  103. 4:52people had been exonerated since 1989
  104. 4:55and that's according to the National
  105. 4:57Registry of exonerations 70% of
  106. 5:01exonerees are minorities 47% alone are
  107. 5:05African American and 99 percent are
  108. 5:08males what that [ __ ] tell you about
  109. 5:09our country right that just speaks
  110. 5:11volumes and just horrific when of course
  111. 5:15discussing exonerations you have to get
  112. 5:18into the Innocence Project they have
  113. 5:20just done so much work to get wrongfully
  114. 5:23imprisoned people freed they also need
  115. 5:25to be discussed because they have the
  116. 5:27most information statistics studies
  117. 5:30about the subject the work that they do
  118. 5:33is just so important so they were
  119. 5:34founded in 1992 by Barry Scheck and
  120. 5:38Peter new fields and since then they
  121. 5:41have freed 347 people 347 of the 1579
  122. 5:47array that have been exonerated from
  123. 5:491989 is a great number yeah I think so
  124. 5:52absolutely they're amazing so according
  125. 5:55to that
  126. 5:56the innocent project the average amount
  127. 5:58of time served was 14 years
  128. 6:01what yes oh my god yeah I'm gonna pass
  129. 6:08out the years served by the Innocence
  130. 6:12Project exonerees alone totaled
  131. 6:15approximately four thousand seven
  132. 6:17hundred and fifty as of 2015
  133. 6:20how much money that cost the state -
  134. 6:22yeah yeah it's the trade all the
  135. 6:26implications as far as on our our taxes
  136. 6:29and state funding but also I mean it's
  137. 6:34the years of their lives that's the most
  138. 6:38important part it's what their life has
  139. 6:41taken away but but it is so like even
  140. 6:44for the people that don't give a [ __ ]
  141. 6:46about the victims of these wrongful
  142. 6:50convictions even though it's like I'm
  143. 6:52just envisioning super super
  144. 6:54conservative people but I don't know
  145. 6:58maybe that's biased but people that are
  146. 7:00have a bias towards these minorities and
  147. 7:03wrongfully convicted people I feel like
  148. 7:06they could get behind that I'm just like
  149. 7:07it still impacts the state even if it's
  150. 7:11you don't care about their lives it
  151. 7:13still impacts us so the Innocence
  152. 7:16Project has also identified the real
  153. 7:19killers in 147 of those 347 cases Adam
  154. 7:24yes I love the work they do that's just
  155. 7:28amazing to me the Innocence Project has
  156. 7:31had to close 22 percent of their cases
  157. 7:33because DNA evidence was missing or had
  158. 7:37been destroyed mistress so they starts
  159. 7:40working on these cases and 22 percent of
  160. 7:43them you can't do anything because they
  161. 7:47got rid of the evidence like I just oh
  162. 7:49my god that fix it you can't prove
  163. 7:52anything you bring anything back up it's
  164. 7:54basically their conviction is their
  165. 7:56conviction you can appeal as many times
  166. 7:58as you want yeah there's just nothing
  167. 8:00you can do we lost the DNA right just oh
  168. 8:03my god oh you don't care I think it's
  169. 8:06just carelessness like oh we got in
  170. 8:08there in jail who
  171. 8:09cares I'm destroying this evidence
  172. 8:11anymore right like we got what we wanted
  173. 8:14so [ __ ] you about 3,000 prisoners write
  174. 8:18to the Innocence Project each year and
  175. 8:20at any given time the Innocence Project
  176. 8:22is evaluating 6,000 to 8,000 potential
  177. 8:26cases there are many reasons why
  178. 8:29wrongful convictions occur the most
  179. 8:32common reason is false eyewitness
  180. 8:34identification and the innocence
  181. 8:36projects studies eyewitness testimony
  182. 8:39played a role in more than 75% of
  183. 8:42wrongful convictions statistics are so
  184. 8:45high it's just oh like what a [ __ ]
  185. 8:49terrible not a good successful like a
  186. 8:51success rate yeah obviously we're doing
  187. 8:53something wrong and it again just a lot
  188. 8:56of it just speaks to racism it's just so
  189. 8:59much of it unreliable or improper
  190. 9:02forensic science played a role in about
  191. 9:0450% of Innocence Project cases
  192. 9:08scientific techniques such as bite mark
  193. 9:10comparison and fiber analysis were
  194. 9:13widely used but are now sought to be
  195. 9:15more subjective
  196. 9:17yeah like even back in the day to when
  197. 9:18they were using pubic hair like this is
  198. 9:20a black man's pubic hair that's so many
  199. 9:22times in cases and like now they have
  200. 9:25mitochondrial DNA that you write the
  201. 9:28pubic hairs but instead of mr. Brandon
  202. 9:30person looking at it this is a curly
  203. 9:32hair [ __ ] you dude yeah that's what has
  204. 9:37gotten people convicted right it's
  205. 9:39unbelievable and there's those people
  206. 9:42that like even with DNA - like that one
  207. 9:44lady that got caught wouldn't she
  208. 9:47tampered with like 50,000 cases she was
  209. 9:49a DNA and I remember that yeah and then
  210. 9:52the DNA analyst and she had tampered and
  211. 9:54destroyed and ruined and so many cases
  212. 9:58yes and now she's now they're all
  213. 9:59getting I hope new trials
  214. 10:01I hope so they're better in about 25% of
  215. 10:05DNA exoneration cases innocent people
  216. 10:07were coerced or threatened in the making
  217. 10:10incriminating statements or false
  218. 10:12confessions approximately 10% of the
  219. 10:15innocence projects DNA exoneration cases
  220. 10:18had pled guilty to crimes that they
  221. 10:20didn't commit
  222. 10:21often with the promise
  223. 10:23of reducing their sentence or even
  224. 10:25avoiding the death penalty [ __ ] trap
  225. 10:27it's just so common it's so unbelievably
  226. 10:31common that they get these people in
  227. 10:33rooms and just badger them and bully
  228. 10:35them into saying that they did something
  229. 10:38that they didn't do it's unbeliev and
  230. 10:40you're in rooms for hours and hours and
  231. 10:43days sometimes it goes through to two or
  232. 10:46three days and you also see what you saw
  233. 10:49kind of in you know the good example of
  234. 10:51that is making a murderer with Brendan
  235. 10:53Dassey again it's just you saw them
  236. 10:57telling him he could go home yeah and
  237. 10:59that's what they do they say that they
  238. 11:01and I know that it it takes a certain
  239. 11:05intelligence level to believe that and I
  240. 11:09feel bad saying that but it's just like
  241. 11:11you shouldn't believe that if you're a
  242. 11:13smart person you'd know that that's not
  243. 11:14the case but there's so many times that
  244. 11:16they're playing on the fact or relying
  245. 11:19on the fact that someone is going to be
  246. 11:20uneducated poor yeah impoverished you
  247. 11:25know just not know any better and just
  248. 11:27be unfortunately I hate to say it but
  249. 11:31too dumb to know that they're lying and
  250. 11:33I didn't I mean if they had the evidence
  251. 11:35they wouldn't be asking any questions
  252. 11:37right but if you ever get questioned by
  253. 11:39the cops am I being charged and with
  254. 11:41what charges if not I'm out yeah yeah I
  255. 11:44don't care how that looks I you know
  256. 11:46yeah now I know that not being younger I
  257. 11:49would raise well I'm just gonna tell the
  258. 11:50cops because I think there's just a
  259. 11:53certain amount of deductive reasoning
  260. 11:54that you develop over time or that you
  261. 11:57have from a young age that the people
  262. 11:59that are maybe a little bit slower that
  263. 12:01are oftentimes being caught up in these
  264. 12:03situations are they just don't have it I
  265. 12:07just feel bad saying that that's a part
  266. 12:10of it but really it is you know so we're
  267. 12:13going to start off with the first person
  268. 12:15to be exonerated Kirk Bloodsworth and he
  269. 12:18was the first man who was on actually
  270. 12:21death row but he was freed because of
  271. 12:24DNA evidence all right so on July 25th
  272. 12:281984 two young boys are fishing in a
  273. 12:31small pond behind an apartment complex
  274. 12:32when they witnessed nine-year-old dawn
  275. 12:34Hamilton walk off into the woods with a
  276. 12:36man
  277. 12:37described as skinny six-foot-five with a
  278. 12:39bushy mustache and blonde hair they were
  279. 12:42the last people to see her alive
  280. 12:44hours later Dawn's body was found lying
  281. 12:46face down in the woods the next day and
  282. 12:48the autopsy found that the manner of
  283. 12:50death was strangulation and blunt force
  284. 12:51trauma to the head and one of the really
  285. 12:54awful things that I saw about this case
  286. 12:57and it's just I'm just a visual person
  287. 12:59so when I read things I just I see it or
  288. 13:02like I relate it to something and I read
  289. 13:06that when they found her she had one of
  290. 13:09those like little girl purses hmm and it
  291. 13:12was found with her body that's just and
  292. 13:15she was still wearing it like she had
  293. 13:17one of those little like Barbie purses
  294. 13:19or whatever and yeah just the visual of
  295. 13:23that and it's just so tragic I just
  296. 13:26decide I'm gonna hang out on the edge of
  297. 13:29the woods and just make stop everyday
  298. 13:31you shall not pass
  299. 13:34especially if you have a kid definitely
  300. 13:38I'm only stop if you're with a kid or a
  301. 13:40woman just no no you're getting [ __ ]
  302. 13:42I'm gonna be a detective right where are
  303. 13:45you going at the time of the murder
  304. 13:48former Marine Kirk Bloodsworth did not
  305. 13:51live in the area he was not six foot
  306. 13:53five skinny nor was he blond with the
  307. 13:55bushy mustache
  308. 13:56he was six-foot brawny redhead with
  309. 13:59mutton-chop sideburns who had worn
  310. 14:01glasses since age five arrested within
  311. 14:03three weeks of the murder Kirk
  312. 14:04maintained his innocence from day one
  313. 14:06assuming somehow some way the police
  314. 14:09would realize they had the wrong man in
  315. 14:10the nightmare would end I just can't
  316. 14:12believe his description was so different
  317. 14:15it's just crazy
  318. 14:17doesn't everyone look the same in like
  319. 14:18the late 70s moustaches bushy something
  320. 14:23Bush is definitely in every person's
  321. 14:25rage like they could be in Led Zeppelin
  322. 14:28yes or Jimi Hendrix Experience you
  323. 14:31either had afro or long hair that there
  324. 14:33was were there two types of people
  325. 14:35nothing else but you definitely had a
  326. 14:36mustache some facial facial hair he
  327. 14:40witnesses who the place in my home at
  328. 14:41the time of the murder and there was no
  329. 14:43physical evidence that linked Kirk to
  330. 14:45the crime scene despite all of this Kirk
  331. 14:47was ultimately convicted by his slim
  332. 14:50once to a campos it drawing based on
  333. 14:52eyewitness testimony of the young two
  334. 14:54boys and the eyewitness identification
  335. 14:56of three others one of which identified
  336. 14:58Kirk after seeing him on the news
  337. 15:00that's just terrible [ __ ] just by like
  338. 15:04I mean dude you just need to get like
  339. 15:05six people that all [ __ ] hate you and
  340. 15:08then just write you out and be like oh
  341. 15:09she definitely did it I was there ya
  342. 15:11know like okay Bloodsworth was
  343. 15:14ultimately found guilty but the Maryland
  344. 15:17Court of Appeals overturned Bloodsworth
  345. 15:18conviction in 1986 after finding that
  346. 15:21the prosecution had illegally withheld
  347. 15:23potentially exculpatory evidence from
  348. 15:26the defense however Bloodsworth was
  349. 15:28retried convicted again and sent to two
  350. 15:31life terms so you too [ __ ] up defense
  351. 15:35in the beginning basically right yeah I
  352. 15:38don't know if it's definitely the it's
  353. 15:41the prosecution I'm sorry yeah I had
  354. 15:43withheld information and then you get
  355. 15:45retried you get a mistrial or whatever
  356. 15:47you get a new trial and then they can
  357. 15:49thank you again yeah it's awful that he
  358. 15:52was convicted again but the only good
  359. 15:54thing was that it was reduced from the
  360. 15:57death penalty to two to life yeah
  361. 15:59initially so I mean at least he would I
  362. 16:02mean who knows he could have been killed
  363. 16:04if the DNA evidence had not been found
  364. 16:06he would have been killed
  365. 16:08Wow it's just yet awful so even though
  366. 16:11appeals are made the conviction and
  367. 16:12sentence was not overturn it I feel like
  368. 16:14that's like winning a million dollars at
  369. 16:16the lottery and then they're like psych
  370. 16:18like the fake scratchers with like
  371. 16:20$10,000 yeah like I'm out I'm free and
  372. 16:24then nope so in 1992 Bloodsworth read an
  373. 16:27account of how the new technology of DNA
  374. 16:29fingerprinting had led to a conviction
  375. 16:31of a murder suspect hoping to prove his
  376. 16:34innocence he pushed to have the evidence
  377. 16:35against him tested by the then novel
  378. 16:38method initially available evidence in
  379. 16:41the case
  380. 16:42Oh initially the available evidence in
  381. 16:44the case traces of semen in the victims
  382. 16:45underwear was thought to have been
  383. 16:47destroyed however it was eventually
  384. 16:49located in a paper bag in the judge's
  385. 16:51chambers why yeah well I don't isn't
  386. 16:54this was being an evidence room yeah
  387. 16:55that's just really suspect was he
  388. 16:57sniffing him
  389. 16:59like so he gets ready just let me go to
  390. 17:03this trial testing proved that the semen
  391. 17:06did not match Bloodsworth DNA profile in
  392. 17:091993 Bloodsworth was released by that
  393. 17:11time he had spent almost nine years in
  394. 17:13prison two of them on death row
  395. 17:15Bloodsworth was released on June 28th
  396. 17:181993 he was the first u.s. death row
  397. 17:21prisoner to be cleared by DNA in
  398. 17:23December 1994 Maryland governor William
  399. 17:26Donald Schaefer granted Bloodsworth a
  400. 17:28full pardon based on innocence which is
  401. 17:30good too because sometimes they make you
  402. 17:31plea you know like right you don't have
  403. 17:33that on your record or whatever yeah get
  404. 17:35out or that weird situation with the
  405. 17:38West Memphis Three yes that's exactly
  406. 17:40where they and but they they did it
  407. 17:42right and they they basically agreed
  408. 17:45that they were guilty it seems yeah it
  409. 17:47was a weird thing I don't remember the
  410. 17:49name for it but it was super super rare
  411. 17:52like the last case of it was something
  412. 17:53like a hundred years ago or something
  413. 17:55crazy so ridiculous but then some people
  414. 17:57have so much pride to where they're like
  415. 17:58they do that when I was take taking even
  416. 18:01in the West Memphis Three Damien Echols
  417. 18:03had said yeah he was like I didn't want
  418. 18:05to do this but because I think it was
  419. 18:07his my right no I think it was one of
  420. 18:10the other accused okay miss Kelly I
  421. 18:13think or one of the other ones
  422. 18:14he was like because there were two other
  423. 18:16people involved if it was just me I
  424. 18:18never would have said I'm gay
  425. 18:19yeah but because it's two other people
  426. 18:21and that's what they wanted of course I
  427. 18:24have to look out for their like yeah
  428. 18:25yeah okay so thanks to what was then a
  429. 18:40new technology called genetic
  430. 18:42fingerprinting Kirk Bloodsworth became
  431. 18:44the first death row and me exonerated by
  432. 18:46DNA since his exoneration in 1993 kyrgyz
  433. 18:50found his voice making it his life's
  434. 18:52mission to foster change in the criminal
  435. 18:54justice system especially regarding
  436. 18:55issues surrounding wrongful convictions
  437. 18:57and the death penalty
  438. 18:58he's become a vocal opponent of the
  439. 19:01death penalty speaking publicly the
  440. 19:02small groups and large audiences
  441. 19:04lobbying politicians and working with
  442. 19:06other activists to rehabilitate the
  443. 19:08penal system the pinnacle of his work to
  444. 19:11date came in 2004 when
  445. 19:13g-dub signing the law the Kirk noble
  446. 19:17Bloodsworth post-conviction DNA testing
  447. 19:19program which provides block grants to
  448. 19:21states to pay for m8 post-conviction DNA
  449. 19:23testing like I think all of that's
  450. 19:26positive but if I was Kirk I would just
  451. 19:29be like um can we get this associated
  452. 19:33with someone that's not George W Bush
  453. 19:34like really [ __ ] that guy yeah because
  454. 19:37he's been ok he's been part of the Texas
  455. 19:41death penalty issues like obviously his
  456. 19:43state was all about the death penalty
  457. 19:45and then you're coming to me and being
  458. 19:47like oh I'm gonna like do this
  459. 19:49initiative in your name that's against
  460. 19:52every one of my actions like you know
  461. 19:54his actions are not consistent with this
  462. 19:57this I don't remember who was the
  463. 19:59majority at the time was the house of
  464. 20:01the center oh yeah if it was Democrats
  465. 20:03and that makes more sentence and he just
  466. 20:05has to yeah which I mean I guess right
  467. 20:07yeah maybe you worst into it yeah he
  468. 20:10could have been like veto which or maybe
  469. 20:12he gave him a five dollar grant like
  470. 20:15here's ten bucks
  471. 20:16enjoy don't spend it all in one case and
  472. 20:22see what you did there in his home state
  473. 20:26of Maryland Kirk also played an integral
  474. 20:27part in the successful campaign to
  475. 20:29repeal the death penalty in 2003 nearly
  476. 20:32a decade after Bloodsworth release
  477. 20:34prisoner DNA evidence added to state and
  478. 20:37federal databases identified the real
  479. 20:38killer
  480. 20:39Kimberly Shay Ruffner and of course his
  481. 20:42name was Kimberly Kimberly it's like
  482. 20:44it's like a boy named Sue yeah a girl
  483. 20:48named Kelly I'm naming my son Brianna a
  484. 20:59month after the 1984 murder Ruffner had
  485. 21:03been sentenced to 45 years for an
  486. 21:04unrelated burglary attempted rape and
  487. 21:06assault with intent to murder he had in
  488. 21:10fact been incarcerated and I sell one
  489. 21:13floor below Bloodsworth cell yes it's
  490. 21:16crazy oh my god so Ruffner arrived in
  491. 21:20prison just a month after Bloodsworth
  492. 21:21and knew about Bloodsworth case the
  493. 21:24attempts to win a new trial and his
  494. 21:25of actual innocence he knew everything
  495. 21:27you never send me thanks but what a
  496. 21:30[ __ ] piece of [ __ ] yeah so off or
  497. 21:32maybe I mean I wonder if he knew the
  498. 21:33girls names but like dude if you killed
  499. 21:35know he knew everything okay you [ __ ]
  500. 21:39piece of [ __ ] yeah however Ruffner said
  501. 21:42nothing to leave Bloodsworth suspect
  502. 21:44that Ruffner had killed dawn Hamilton
  503. 21:45Bloodsworth learned the news from
  504. 21:47prosecutors shortly before Ruffner was
  505. 21:49formally charged with the crime on
  506. 21:51September 5th 2003 Kirk had said that he
  507. 21:55and Ruffner knew each other
  508. 21:56Bloodsworth was the prison librarian who
  509. 21:58would deliver books to Ruffner and they
  510. 22:00would sometimes even work out together
  511. 22:01yeah Bloodsworth was just like yeah he
  512. 22:04spotted me yeah I spotted him I mean he
  513. 22:06has said that in interviews like
  514. 22:08friendly oh my god yeah it wasn't just
  515. 22:12some guy that he had seen he really like
  516. 22:15worked out dude and the guy never said
  517. 22:19anything he's already in there for 45
  518. 22:22years
  519. 22:23yeah just see like it doesn't matter I
  520. 22:25don't know so in 2004 Kimberly Shay
  521. 22:28Ruffner who had a history of sexual
  522. 22:30attacks pled guilty to the murder of
  523. 22:32dawn Hamilton Ruffner was near Don
  524. 22:34Hamilton's apartment complex to smoke
  525. 22:36PCP he had just gotten out of jail days
  526. 22:39before after being acquitted after being
  527. 22:42acquitted on charges that he had
  528. 22:44sexually assaulted another girl Ruffner
  529. 22:46had also drank a fifth of rum before he
  530. 22:48saw the nine year olds girl the attack
  531. 22:50was not premeditated or planned he just
  532. 22:52happened to see the girl Ruffner was
  533. 22:55convicted of Dawn's murder in 2004 and
  534. 22:57will spend the rest of his life in jail
  535. 22:58at least he fessed up yeah I mean at
  536. 23:02least he's being held accountable for it
  537. 23:04it's not a waffle yeah yeah I just can't
  538. 23:06believe that he didn't say anything like
  539. 23:08of course I mean he's a murderer why
  540. 23:10would I think that he's an honest guy
  541. 23:12yes like yeah I'm gonna say something
  542. 23:13cuz it's the right thing to do like yeah
  543. 23:15of course she's a [ __ ] piece of [ __ ]
  544. 23:17here's my redeeming moment just oh my
  545. 23:21god right so moving on to the next case
  546. 23:24on June 4th 1994 19 year old JC Taylor
  547. 23:28was found dead in her bathtub in
  548. 23:31Palisades Colorado neighbors had
  549. 23:33discovered a leak in their apartment at
  550. 23:357:00 a.m. that morning
  551. 23:36upon entering Taylor's apartment two
  552. 23:39hours later they found her naked body in
  553. 23:41the bathtub and called the police
  554. 23:44according to the medical examiner who
  555. 23:46examined the body Taylor appeared to
  556. 23:49have been strangled by a nylon dog leash
  557. 23:51or horse lead and had been sexually
  558. 23:54assaulted shortly before her death
  559. 23:56police focused their investigation on
  560. 23:58Robert Dewey who was a 33 year old biker
  561. 24:00nicknamed rider
  562. 24:02Dewey was an addict who had been drawn
  563. 24:03to the neighborhood by the availability
  564. 24:05of meth in the area I mean that's a
  565. 24:08pretty bad neighborhood if they're just
  566. 24:09like oh that's where all the methods
  567. 24:12that's where I belong it's basically
  568. 24:14Simi Valley he was a bike rider that it
  569. 24:22was nicknamed Reiter that's like a
  570. 24:24Harley guy yeah yeah
  571. 24:26super simple writer you won't forget it
  572. 24:30the police and prosecutor began to build
  573. 24:33a circumstantial case against Robert
  574. 24:35Dewey he had initially emerged as a
  575. 24:37suspect in the case when police heard
  576. 24:40from several of Taylor's friends that
  577. 24:42she was afraid of him police also
  578. 24:44learned that Dewey and several of his
  579. 24:46friends had hid from them when the
  580. 24:48police came to question them but I feel
  581. 24:50like if he's like a biker gang meth head
  582. 24:53guys yeah it's not about the murder it's
  583. 24:56just about like either knowing that you
  584. 24:58have drugs on you or just paranoia from
  585. 25:01yeah much drugs like I mean that's kind
  586. 25:03of I feel like they could predict that
  587. 25:05behavior better and see that it's not
  588. 25:07related to the murder but Who am I and
  589. 25:09she was probably scared of him because
  590. 25:10he was on meth I'm yeah I mean some
  591. 25:13biker dude that's just kind of tweaked
  592. 25:15out like of course you're gonna be a
  593. 25:16little sketchy around them furthermore
  594. 25:19when police later found and questioned
  595. 25:21him he initially gave police a fake name
  596. 25:24all right I would have thought he was
  597. 25:26guilty there's no meth involved I
  598. 25:27ability this guy's [ __ ] guilty yeah I
  599. 25:29mean it's right off the bat yeah I I
  600. 25:32don't know despite this Dewey ultimately
  601. 25:35cooperated with the police during the
  602. 25:37investigation and subsequent
  603. 25:38interrogations Dewey admitted he knew
  604. 25:42the victim and he had been to her house
  605. 25:44but denied any involvement in or
  606. 25:46knowledge of the crime when he was
  607. 25:48questioned again police recover
  608. 25:50a t-shirt that belonged to him which was
  609. 25:52stained with oil grease and blood okay
  610. 25:55guilty I know but just wait yep
  611. 26:00during the investigation police
  612. 26:02recovered the shirt do we was wearing
  613. 26:03when the crime occurred the shirt had
  614. 26:07several bloodstains on it do we claim
  615. 26:09that it was his blood on the shirt but
  616. 26:12police didn't believe him using the
  617. 26:18methods of DNA testing that were
  618. 26:20available in the 90s police tested the
  619. 26:23blood from Dewey's shirt the testing
  620. 26:25confirmed that the blood on the shirt
  621. 26:27was consistent with Dewey the victim and
  622. 26:31forty-five percent of the population
  623. 26:33that's a terrible [ __ ] test yeah it
  624. 26:35just seems like why bother he's just a
  625. 26:3750% that's really a basically oh it's
  626. 26:41one out of two like it's a it's you may
  627. 26:43as well just guess or flip a coin that's
  628. 26:45awful
  629. 26:46in addition and also it's just like you
  630. 26:49can't rule him out but you can't convict
  631. 26:51him based on that even though they're
  632. 26:52gonna [ __ ] try yeah in addition to
  633. 26:56testing Dewey's shirt the state
  634. 26:58conducted DNA testing on the victims
  635. 27:00fingernails and semen from a blanket
  636. 27:03where she was raped the testing
  637. 27:05confirmed that Dooley was not the source
  638. 27:06of the semen or the DNA found under the
  639. 27:09victims fingernails
  640. 27:10despite this prosecutors continue to
  641. 27:12pursue him based on other circumstantial
  642. 27:15evidence that should have been enough
  643. 27:16right there to get him out right now
  644. 27:19your semen it's not you're scraping like
  645. 27:21this someone else like obvious value so
  646. 27:24I know if I ever get raped or murder I'm
  647. 27:26scraping the shoe I'm gonna just pretend
  648. 27:29like you're getting good yeah I'm a baby
  649. 27:32kittens like tiny little scrapes yeah
  650. 27:35I'm just gonna scratch the [ __ ] out of
  651. 27:37someone and then I'm gonna try and hold
  652. 27:39the [ __ ] inside me Oh
  653. 27:41the real-time no you're gonna rub it all
  654. 27:44over my body but oh my god just douse
  655. 27:48myself so no traces just in case some
  656. 27:51idiot cop like [ __ ] up the semen like
  657. 27:53yeah there's no way everywhere it's
  658. 27:56literally I'm covered in it and maybe a
  659. 28:01little thing that he like here they have
  660. 28:03to convict the man cuz I like what kind
  661. 28:04of man rubs his but it was really me
  662. 28:10you're just a genius yeah to get his ass
  663. 28:12convicted yeah a Dewey's trial in 1996
  664. 28:17the prosecution relied on the DNA
  665. 28:19results from testing the blood on his
  666. 28:22shirt emphasizing that the profile was
  667. 28:24consistent with the victim's blood
  668. 28:26but leaving out the fact that it was
  669. 28:28also consistent with him and 41 yeah
  670. 28:32that's awful the prosecution also
  671. 28:35emphasized Dewey's suspicious actions
  672. 28:37during the initial stages of the
  673. 28:39investigation even though he eventually
  674. 28:41cooperated Dewey's defense team asserted
  675. 28:44that the blood on his shirt was his own
  676. 28:47blood not the victims and argued that
  677. 28:49the real perpetrator was the person who
  678. 28:51left the semen on the blanket and male
  679. 28:53DNA under the victims fingernails the
  680. 28:57prosecutors countered this by arguing
  681. 28:59that there must have been a second
  682. 29:00perpetrator who assisted Dewey in
  683. 29:02committing the crime [ __ ] Touche
  684. 29:05yeah that's a good comeback [ __ ] but
  685. 29:09it's I mean it worked but it's still
  686. 29:11just like that's not what happened
  687. 29:13the jury found Dewey guilty of
  688. 29:15first-degree murder and sexual assault
  689. 29:17he was given a life sentence with no
  690. 29:20possibility of parole at a sentencing
  691. 29:22hearing Dewey warned the judge there's
  692. 29:24still a killer out there it's
  693. 29:27infuriating
  694. 29:28Dewey's conviction was affirmed when the
  695. 29:31appeals did not overturn the rulings the
  696. 29:34Innocence Project began working on his
  697. 29:36case in 2007 when Dewey and his
  698. 29:39appointed post-conviction counsel
  699. 29:41Daniel Jaffe reached out to the
  700. 29:43Innocence Project for assistance in late
  701. 29:462009 Joffe and the Innocence Project
  702. 29:49discovered that forensic analytical
  703. 29:51sciences retain DNA extracts from the
  704. 29:54pre
  705. 29:54trial DNA testing of the blood on
  706. 29:56Dewey's shirt FAS retested the evidence
  707. 30:00using more advanced methods and this
  708. 30:02testing definitively excluded the victim
  709. 30:05as the source of the blood on Dewey
  710. 30:07shirt furthermore the DNA of the semen
  711. 30:10from the blanket matched the DNA from
  712. 30:12the victims fingernail scrapings neither
  713. 30:15of which matched Dewey it's free he's
  714. 30:18off right they're gone just let him go
  715. 30:21immediately the Innocence Project and
  716. 30:24jothee brought this evidence to the
  717. 30:26attention of the Colorado Attorney
  718. 30:28General's justice review project a
  719. 30:30grant-funded organization tasked with
  720. 30:32reviewing cases in which DNA evidence
  721. 30:35could lead to exonerations that'd be an
  722. 30:37awesome an organization to work for I
  723. 30:39think that in the Innocence Project is
  724. 30:41dream job and I should just reach out to
  725. 30:45them and donate and volunteer that's
  726. 30:48what we gotta do how the amazing the
  727. 30:50project agreed to retest several
  728. 30:52additional items of evidence at the
  729. 30:54Colorado Bureau of Investigation
  730. 30:56laboratory this testing confirmed the
  731. 30:59results from the FAS and developed a DNA
  732. 31:02profile suitable for comparison to the
  733. 31:04CODIS DNA databank
  734. 31:06gotta love CODIS yay CODIS we're all
  735. 31:08about that that code or anything like it
  736. 31:11incomparable the comparison yielded a
  737. 31:15hit to another man in the database that
  738. 31:18man was already serving a life sentence
  739. 31:20for a 1989 home invasion rape and murder
  740. 31:23in Fort Collins after an extensive
  741. 31:26investigation the Sheriff's Department
  742. 31:29concluded that Dewey was innocent and
  743. 31:31that the actual perpetrator was the man
  744. 31:33whose semen and DNA was left at the
  745. 31:35crime scene
  746. 31:36well now [ __ ] duh like we should have
  747. 31:39known that from the beginning but
  748. 31:40whatever on April 30th 2012 Joffe the
  749. 31:44Innocence Project and the Mesa County
  750. 31:46District Attorney's Office jointly filed
  751. 31:48a motion to vacate Dewey's conviction
  752. 31:50the court granted the motion and
  753. 31:53declared Dewey innocent after serving 17
  754. 31:56years in prison
  755. 31:58Robert due he became a free man in his
  756. 32:01civil suit he was compensated
  757. 32:03approximately 1.2 million dollars as he
  758. 32:06should be yeah
  759. 32:08the same day the court issued an arrest
  760. 32:10warrant for the actual perpetrator named
  761. 32:12Douglas Thames [ __ ] Douglas Dewey who
  762. 32:16was 51 at the time now faced the
  763. 32:18challenge of finding work with a prison
  764. 32:20record and fixing a back problem that
  765. 32:23worsened in prison he also joked that
  766. 32:25there was a matter of learning about
  767. 32:27texting cell phones and computers which
  768. 32:30is a joke but it's like true two years
  769. 32:32in prison at that time were so much
  770. 32:34technology change 39 year old Douglas
  771. 32:38Thames the one who actually committed
  772. 32:40the crime was renting an apartment in
  773. 32:431994 on the opposite side of the street
  774. 32:46two or three buildings down from where
  775. 32:49the 19 year old JC Taylor was discovered
  776. 32:51raped and murdered witnesses told
  777. 32:53investigators over the recent months
  778. 32:55that Thames girlfriend at the time was
  779. 32:57friends with JC Taylor and that Thames
  780. 33:00and his girlfriend had classes with
  781. 33:02Taylor at Palisades high at the time of
  782. 33:05the DNA there at the time of the DNA
  783. 33:07exoneration Thames was serving life in
  784. 33:10prison without the possibility of parole
  785. 33:11for his conviction in a 1989 rape and
  786. 33:15murder of Susan Dahl and fourth Collins
  787. 33:18Thames was charged in 2012 for the
  788. 33:21murder of JC Taylor he was found guilty
  789. 33:23on charges of first degree murder felony
  790. 33:26murder and first degree sexual assault
  791. 33:28by the Mesa County jury and 2015 Thames
  792. 33:32was sentenced to a term of life in
  793. 33:34prison without the possibility of parole
  794. 33:35plus 48 consecutive years in prison
  795. 33:39the next case we have is one of the
  796. 33:41longest incarcerations before
  797. 33:43exoneration it's not the absolute
  798. 33:46longest but it's pretty high up there on
  799. 33:49the evening of March 4th 1974 a
  800. 33:52nine-year-old boy sleeping at his home
  801. 33:54in Lake Wales Florida was dragged to a
  802. 33:57baseball field and raped baseball fields
  803. 33:59are really lit up too crazy like the
  804. 34:03woods makes more sense woods the victim
  805. 34:06told police that his assailant appeared
  806. 34:08to have been 17 or 18 years old and had
  807. 34:10a mustache and bushy sideburns
  808. 34:11definitely again 70s and 80s style
  809. 34:16according to the victim the man has said
  810. 34:19his name is Jim or Jimmy the victims
  811. 34:21thought in his description sounded a lot
  812. 34:23like Jimmy Bain police showed the victim
  813. 34:25six photographs of potential suspects
  814. 34:28and he chose the one of Bane however of
  815. 34:30the photographs in the lineup only Bane
  816. 34:33and one other man had sideburns so he
  817. 34:37would pick out of the two yeah that's
  818. 34:40[ __ ] so it could have just been luck I
  819. 34:43mean just yeah terrible luck so the boy
  820. 34:45also told police that he remembered
  821. 34:46seeing a red motorcycle which by
  822. 34:48coincidence Bane own that's a little
  823. 34:50suspicious I mean if he remembers that
  824. 34:52yeah got to me again they sound guilty
  825. 34:55at first to me I would like the evidence
  826. 34:57but I guess I approach it with the eyes
  827. 34:59of like knowing that they're innocent
  828. 35:02like yo that's random a red recycle I
  829. 35:06get how the details matched up yeah it's
  830. 35:09a really strange coincidence and yeah
  831. 35:11these do happen like that it's not
  832. 35:12impossible right so during the time that
  833. 35:15the crime was committed then
  834. 35:16eighteen-year-old Bane had just walked
  835. 35:17home from a party at a friend's house
  836. 35:19just down the block from his own place
  837. 35:21in Bartow Florida when he walked in the
  838. 35:23door at 10:30 p.m. Eastern to watch TV
  839. 35:25with his sister and soon fell asleep the
  840. 35:28police showed up at the Bane house to
  841. 35:30question him on March 5th 1974 he
  842. 35:32immediately cooperated with the police
  843. 35:33questioning and said I'm thinking I'm
  844. 35:36just gonna go clear this matter up I
  845. 35:37didn't even say anything to my parents
  846. 35:39or sister yeah of course and that's
  847. 35:41really the tell-tale sign of an innocent
  848. 35:44person like you just don't think that
  849. 35:46it's even possible that someone could
  850. 35:48think that you did this cuz you know in
  851. 35:50your heart in your mind that you just
  852. 35:51didn't do it yeah so when you're
  853. 35:54innocent and you just go along with it
  854. 35:55they convinced anyways but when you
  855. 35:57don't when you ask for a lawyer you look
  856. 35:58guilty as [ __ ] right like you just
  857. 36:00screwed either way um let's see but
  858. 36:03after two nights in the Polk County Jail
  859. 36:05Bane's still didn't know the accusations
  860. 36:07against him which is weird two nights in
  861. 36:10jail you should probably know what
  862. 36:11you're there for yeah that sounds like
  863. 36:12miss condom No yeah cuz then you get
  864. 36:17like a bail amount and based on your
  865. 36:19whatever yeah I'm in for finally police
  866. 36:22told him about the rape of a local nine
  867. 36:24year old boy band inform police that he
  868. 36:26had been at home watching television at
  869. 36:28the time of the attack an alibi that was
  870. 36:30supported by Bane sister nevertheless
  871. 36:32the police arrested him Bane said I told
  872. 36:35them you
  873. 36:35the wrong person but I knew then from
  874. 36:38that point on my life would be totally
  875. 36:40discombobulated according to FBI
  876. 36:42analysis presented at the trial of the
  877. 36:45rapist did leave semen on the victims
  878. 36:46underwear
  879. 36:47the trial occurred however before DNA
  880. 36:49testing was available so Bain could not
  881. 36:51be definitely tied to the semen he could
  882. 36:53however match its blood group again the
  883. 36:56same thing as the previous one yeah
  884. 36:57where it's just you're just gonna be
  885. 36:59with 45% of the population so I mean
  886. 37:02there's only like what four blood groups
  887. 37:04so right the percentages on that are
  888. 37:06awful an FBI analyst testified as a
  889. 37:09prosecution witness that the semen on
  890. 37:11the underwear was a blood group be beans
  891. 37:13blood group was a V but according to
  892. 37:16them analyst Baynes group had a week a
  893. 37:18and thus could not be excluded from
  894. 37:20having deposited the semen this is not
  895. 37:23the same as a match it just means that
  896. 37:25his blood type
  897. 37:26couldn't be rolled out that's just so
  898. 37:28awful that that's the kind of testing
  899. 37:30that they had yeah to be convicted on
  900. 37:32that it's not even the right blood group
  901. 37:36it's just that it's half of it yeah it's
  902. 37:37just part of it
  903. 37:38yeah so we can't rule it out which I
  904. 37:41guess make sense but not really I mean
  905. 37:43yeah that's not enough to convict
  906. 37:44somebody but they do it mm-hmm and an
  907. 37:47expert for the defense testified that
  908. 37:49Bane's group actually had a strong a and
  909. 37:51therefore he could be definitively
  910. 37:53excluded conclusive DNA evidence as used
  911. 37:56today didn't appear in court until 1985
  912. 37:59this is 1974 the rape also occurred in
  913. 38:03the woods two miles from the house where
  914. 38:05Bain spent most of that night again a
  915. 38:07really weird coincidence right so they
  916. 38:10logically couldn't have left the party
  917. 38:12committed the crime and arrived at home
  918. 38:14within the specified timeframe and he
  919. 38:16had 12 witnesses to testify he attended
  920. 38:19the party his defense only called for
  921. 38:21mostly his family
  922. 38:23typically family members don't make good
  923. 38:25alibi witnesses because juries believe
  924. 38:27that they could be biased just saying
  925. 38:28what's good for their family member
  926. 38:30why would you out of 12 witnesses why
  927. 38:32would you call most of them being family
  928. 38:34like yeah it seems like but also 12:12
  929. 38:39not one that's not that's a bunch of
  930. 38:42people that are saying the same thing I
  931. 38:43know it's one thing to be family but
  932. 38:46that's a lot of people never call
  933. 38:48they only call a third of those people
  934. 38:50raise so that's that's crazy they cut
  935. 38:52out of the third they could have picked
  936. 38:53the other two-thirds who are not family
  937. 38:55right it created a stronger case yeah I
  938. 38:58think they mainly convicted me when the
  939. 39:00victim stood up in the courtroom and
  940. 39:01pointed at me as the perpetrator he was
  941. 39:04crying and everything in the process
  942. 39:05being said that's like that seals the
  943. 39:08case that's a nail in the coffin right
  944. 39:09there he went he gets up he's crying
  945. 39:12he's overwhelmed I mean you sympathizes
  946. 39:14them and he points at you
  947. 39:15misidentification from an eyewitness
  948. 39:17accounts for 75% of all convictions
  949. 39:20later overturned by DNA evidence
  950. 39:22according to the Innocence Project yeah
  951. 39:24and we mentioned it on the beginning of
  952. 39:27the show but it's just like this is
  953. 39:28where it really comes into play I mean
  954. 39:31there's a lot of them that have DNA
  955. 39:32evidence where the technology just
  956. 39:34hadn't caught up and wasn't good enough
  957. 39:35but there's so many where people are
  958. 39:38just flat out saying this person did it
  959. 39:40and that's what gets them convicted even
  960. 39:43though it's just not true
  961. 39:44and in a state of shock like that like
  962. 39:46you don't know like yeah I can't
  963. 39:49remember so many things that were
  964. 39:50important that happened in my day how am
  965. 39:52I gonna remember exactly what this
  966. 39:54random person looked like that happen to
  967. 39:56be walking behind this random apartment
  968. 39:58building yeah like you just don't
  969. 39:59remember those things accurately I know
  970. 40:01and I'm trying like and you're trying to
  971. 40:03block this whole thing out to if you're
  972. 40:04being raped like you were having an
  973. 40:07out-of-body like you're not you're
  974. 40:09trying to disassociate you so but also
  975. 40:11the witnesses not just oh yeah so what I
  976. 40:13mean yet it's just like you it's just
  977. 40:16too much randomness to really remember
  978. 40:18it's not important enough you know to me
  979. 40:20like I don't know I understand them for
  980. 40:23getting it more than someone that's a
  981. 40:25victim you know yeah they only got him
  982. 40:27on witness testimony right yeah in spite
  983. 40:31of this conflicting serological evidence
  984. 40:33and Bane's alibi Bane was convicted of
  985. 40:36rape kidnapping and burglary and
  986. 40:38sentenced to life in prison
  987. 40:39I want to be a serological list study
  988. 40:43bodily fluid they're a logician there we
  989. 40:46go yeah just studying semen all day the
  990. 40:49prosecution's case I think you already
  991. 40:51do that the taste test
  992. 40:57the prosecution's case rested largely on
  993. 41:00the victims identification of being and
  994. 41:02photoline up one of the many things that
  995. 41:04bothers me about this case is that he
  996. 41:06got life in prison but I feel like you
  997. 41:09constantly hear about white people
  998. 41:11getting three years or nine years for a
  999. 41:14crime very similar to this just one
  1000. 41:15victim me myself I'm not minimizing that
  1001. 41:18I know that that's horrific one victim
  1002. 41:20but it seems like the legal system
  1003. 41:22doesn't take that as seriously and when
  1004. 41:25there's just one person that has been
  1005. 41:28the victim of a white person they get no
  1006. 41:31time less than 10 years every time but
  1007. 41:34that a black person comes along and does
  1008. 41:35it and they're like light prison
  1009. 41:38Oh makes me so mad it's just infuriating
  1010. 41:41so over the course of his sentence being
  1011. 41:44spent time in six different prisons his
  1012. 41:47family visited almost every weekend even
  1013. 41:49when he transferred to Hendrie
  1014. 41:50Correctional Institution almost a
  1015. 41:52four-hour drive for them it's just so
  1016. 41:55sad
  1017. 41:55yeah being earned about 40 dollars a
  1018. 41:57week working as a prisoner welder and
  1019. 41:58doing laundry aside from his jobs being
  1020. 42:01also went to school for 27 of his 35
  1021. 42:04years behind bars he often played chess
  1022. 42:06to take his mind off his situation you
  1023. 42:09just had to try to fit into this
  1024. 42:10horrible society if not you'll go crazy
  1025. 42:12in there do something crazy sudden bang
  1026. 42:15grew close with many other prisoners but
  1027. 42:17often waited years to tell them that he
  1028. 42:18was innocent that's just crazy to me I
  1029. 42:21feel like if I was imprisoned for
  1030. 42:24something that I didn't do I always just
  1031. 42:26be screaming it all day every day
  1032. 42:28everyone says it right oh my I think is
  1033. 42:30completely bragging about it or they're
  1034. 42:32just you're innocent but I guess that
  1035. 42:35maybe that's another telltale sign of
  1036. 42:36someone that's innocent it's just being
  1037. 42:38quiet about it because there's so many
  1038. 42:40people in jail are just like I do yeah
  1039. 42:42yeah and you can't believe anyone hmm I
  1040. 42:45had to know someone before I told them
  1041. 42:46anything could go wrong if they don't
  1042. 42:48believe you they could get mad y'all
  1043. 42:50have a fight and someone winds up dead
  1044. 42:52he said being admitted that he had
  1045. 42:54multiple fights while in prison just to
  1046. 42:56survive you can get killed for a look or
  1047. 42:59just bumping into someone it's a miracle
  1048. 43:01I survived he said from his first day
  1049. 43:03behind bars being tried to fight his
  1050. 43:05conviction he requested his prison
  1051. 43:07transcripts multiple times a right
  1052. 43:09granted by the Supreme Court but he
  1053. 43:11neither received them nor heard back
  1054. 43:13from the court still
  1055. 43:14he had chain gang lawyers or like
  1056. 43:16prisoners that have like legal knowledge
  1057. 43:18yeah he had them write requests to the
  1058. 43:21court for DNA testing the court denied
  1059. 43:23him all five times they're just standing
  1060. 43:26in the way of everything yes they don't
  1061. 43:28want him to have justice fairness is in
  1062. 43:32the way of justice like it's so so
  1063. 43:35infuriating and devastating he said my
  1064. 43:38first 10 13 20 years in there I thought
  1065. 43:40I would never get up out of there I
  1066. 43:41thought that even more when I got into
  1067. 43:43the 30s in 2001 Florida passed a statute
  1068. 43:46allowing cases to be reopened for DNA
  1069. 43:49testing being submitted handwritten
  1070. 43:51motions for time seeking such testing
  1071. 43:53but was denied each time so it's like
  1072. 43:56nine times God his fifth attempt was
  1073. 43:59successful after an appeals court ruled
  1074. 44:01he was entitled to a hearing so it's ten
  1075. 44:02times he's right to appeal when arguing
  1076. 44:05for DNA testing one problem stood in the
  1077. 44:07way Bane didn't have his court
  1078. 44:09transcripts even after he asked for it
  1079. 44:11like plenty of time yeah so this is the
  1080. 44:14worst
  1081. 44:15after years of requesting them being
  1082. 44:17finally learned only through the help of
  1083. 44:19the innocent project that the court had
  1084. 44:21lost them and just like destroying did
  1085. 44:24evidence and yeah carelessness by the
  1086. 44:27justice system carelessness or downright
  1087. 44:30corruption like it's one thing to just
  1088. 44:32be like oh I forgot to do that it's
  1089. 44:33another thing to be like I'm gonna get
  1090. 44:35rid of this because you don't deserve to
  1091. 44:37have fair trial and these are
  1092. 44:39transcripts they're papers that should
  1093. 44:41be smiled it's not like in real evidence
  1094. 44:44and a bin where I can see how they might
  1095. 44:45have lost it like not knowing where it
  1096. 44:48is yeah but a big bin and like you know
  1097. 44:50it's just it's someone's job to protect
  1098. 44:52this like it's someone's job to keep
  1099. 44:55track of these things and come up with a
  1100. 44:56filing system and all that like I just
  1101. 44:58think of how people are inept in
  1102. 45:00inadequate and just don't give a [ __ ]
  1103. 45:02enough you know get lazy getting high on
  1104. 45:05the job protecting evidence alright so
  1105. 45:08getting high on the evidence maybe
  1106. 45:10that's why it's not there because I
  1107. 45:12found this coke and this weed and so now
  1108. 45:15your papers are gone yeah and I just
  1109. 45:17started you know I didn't have any
  1110. 45:19papers so I just used your papers to
  1111. 45:21roll up my weed oh your transcripts
  1112. 45:25love those those were of zigzags I don't
  1113. 45:27know [ __ ] what the aid of the Innocence
  1114. 45:30Project of Florida Bane was finally
  1115. 45:32granted access to post-conviction DNA
  1116. 45:34testing the state sent the DNA found on
  1117. 45:37the victims underwear to the DNA
  1118. 45:38Diagnostic Center this testing excluded
  1119. 45:41Bane as the source of the DNA yup the
  1120. 45:44Polk County State Attorney Jerry Hill
  1121. 45:46then joined the defense and a motion to
  1122. 45:48declare Bane innocent on December 17th
  1123. 45:512009 a judge signed the order releasing
  1124. 45:53Bane from prison after 35 years at the
  1125. 45:56age of 54 that's just terrible and what
  1126. 45:59he said earlier just like oh the first
  1127. 46:0010 20 I'm just like oh my god that's
  1128. 46:04Donnie here oh dang myself honestly I
  1129. 46:06can't do that I don't have that kind of
  1130. 46:08like pause I'm positive but I'm not that
  1131. 46:11positive dude no way
  1132. 46:13there's nowhere that it's just amazing
  1133. 46:16he's a [ __ ] miracle yeah and in that
  1134. 46:18environment do you like I couldn't I
  1135. 46:20couldn't get in through my regular life
  1136. 46:22I couldn't be on house arrest the judge
  1137. 46:31said you're a free man congratulations
  1138. 46:33and the courtroom erupted into applause
  1139. 46:36Bane said I'm not angry how can I be
  1140. 46:39can't go back after the hearing in
  1141. 46:41Bartow Florida as soon as Bane was
  1142. 46:43released he used a cell phone for the
  1143. 46:45first time to call his mother
  1144. 46:48so Bane was devoutly religious while
  1145. 46:51incarcerated and stayed that he actually
  1146. 46:53feels blessed for this experience
  1147. 46:54comparing himself to Joseph a biblical
  1148. 46:57character wrongfully imprisoned before
  1149. 46:58merging with a greater power to create
  1150. 47:00change which I didn't know that about
  1151. 47:02Joseph I don't remember that from my
  1152. 47:03children's name I really don't like the
  1153. 47:07person but not of that aspect yeah so
  1154. 47:10Bane received 1.7 million from the state
  1155. 47:12of Florida for his wrongful conviction
  1156. 47:14so it's about 50 grand every year he
  1157. 47:16spent in prison his mother also put her
  1158. 47:18house and her car and her son's name
  1159. 47:20stating I want him to have something by
  1160. 47:22himself he suffered enough so
  1161. 47:25devastating Bane is a leading advocate
  1162. 47:28for the innocence movement sharing his
  1163. 47:30wrongful conviction experience from
  1164. 47:31middle schools to colleges across the
  1165. 47:33country during an event at Florida
  1166. 47:35Southern College a student asked him
  1167. 47:37what he thought about all the technology
  1168. 47:38jaysene since Lily's Bane said that cars
  1169. 47:41and telephones were the most surprising
  1170. 47:43to him
  1171. 47:44even though there had been cars before
  1172. 47:46he was incarcerated he he explained that
  1173. 47:48there were none that talk back to me so
  1174. 47:52cute no his humility and kindness even
  1175. 47:55extended to the rape victim whose
  1176. 47:56misidentification helped put Bane behind
  1177. 47:59bars when the two met after his release
  1178. 48:01being apologized for what happened to
  1179. 48:04him boo that's just as well yeah way to
  1180. 48:07go man this guy's an upstanding like
  1181. 48:09just amaze inspirational for sure I was
  1182. 48:12very very sorry that I had to occur to
  1183. 48:14him at such a young age being said I
  1184. 48:16know what his family and uncle had to go
  1185. 48:18through to try and prove me guilty at
  1186. 48:20the time Bane is married has a son and
  1187. 48:22is now in the process of writing a book
  1188. 48:24and I was like I'm gonna die yeah
  1189. 48:26amazing he was in college for use in
  1190. 48:29school for 27 years oh wow I really want
  1191. 48:32to hear I mean I'm sure his book will be
  1192. 48:34really phenomenal that's crazy
  1193. 48:36but let's hope it's on audible because I
  1194. 48:39don't read the next one is interesting
  1195. 48:46and we chose to put it in because
  1196. 48:48there's a few twists and turns and
  1197. 48:50flip-flopping back and forth and it's
  1198. 48:52kind of more of a roller coaster story
  1199. 48:54on August 15th 1982 two teenagers
  1200. 48:58Marilyn green and her fiance
  1201. 49:00Jerry Hillard were shot and killed near
  1202. 49:03swimming pool in Washington Park on the
  1203. 49:06south side of Chicago Porter then a 27
  1204. 49:09year old gang member was identified by
  1205. 49:11several witnesses including William
  1206. 49:14Taylor who had been swimming in the pool
  1207. 49:16at the time of the shooting initially
  1208. 49:19the witness Taylor said he had not seen
  1209. 49:21the crime itself only that he had seen
  1210. 49:23Porter run past shortly after the shots
  1211. 49:26were fired
  1212. 49:27eventually he admitted to have seen
  1213. 49:29Porter actually firing the shots
  1214. 49:31ultimately at least six witnesses
  1215. 49:34identified Porter in the shooting
  1216. 49:36including one who had said he had been
  1217. 49:39robbed by Porter at gunpoint a short
  1218. 49:41time earlier in the same park so this
  1219. 49:44one's kind of tough for me too because
  1220. 49:45he is like a game member so he probably
  1221. 49:47does have like violence in his past or
  1222. 49:50whatever but it got his
  1223. 49:51you instantly think he's guilty of
  1224. 49:53course there's six people point out a
  1225. 49:55known gang member yeah
  1226. 49:57you're obviously I can see why they jump
  1227. 50:00to conclusions yeah I can see how that
  1228. 50:02stacks up against him yeah it makes
  1229. 50:03sense if you saw someone running and
  1230. 50:05then then all of a sudden you see
  1231. 50:06someone shooting that's like completely
  1232. 50:08different right but yeah that sucks to
  1233. 50:11be a gang member dude because if you
  1234. 50:13really don't do it yeah you need to not
  1235. 50:15even steal a lollipop because you did
  1236. 50:17everything wrong you're a psycho police
  1237. 50:22were given leads pointing towards other
  1238. 50:24suspects though including information
  1239. 50:26from greens mother suggesting that a man
  1240. 50:29named Elstree Simon had killed the pair
  1241. 50:32for drug-related reasons but they chose
  1242. 50:34to pursue only Porter upon hearing that
  1243. 50:38he was under suspicion Porter went to
  1244. 50:40the police in the hope of clearing his
  1245. 50:42name so he came forward first like they
  1246. 50:44didn't even have to seek him out which
  1247. 50:46it's just again speaks to his innocence
  1248. 50:49because he felt so confident and assured
  1249. 50:51that he would be found innocent just
  1250. 50:53gonna clear things up later oh my
  1251. 50:56goodness and that's crazy for a gang
  1252. 50:58member to go in there to the cop station
  1253. 51:00right oh I'm gonna I know I didn't do
  1254. 51:02this I'm just gonna let you guys know
  1255. 51:03the truth he was immediately arrested
  1256. 51:06and charged with two murders one count
  1257. 51:09of armed robbery one count of unlawful
  1258. 51:11restraint and two counts of unlawful use
  1259. 51:15of weapons during the short trial
  1260. 51:17Porter's lawyer reportedly fell asleep
  1261. 51:21and never met with Porter himself until
  1262. 51:24just before the start of the proceedings
  1263. 51:26oh my god Judge Roberts Ladell ski
  1264. 51:30sentence Porter to death calling him a
  1265. 51:33perverse shark an appeal to the Illinois
  1266. 51:36Supreme Court was denied in February
  1267. 51:381986 and an appeal to the United States
  1268. 51:41Supreme Court was denied again in 1987
  1269. 51:46Porter continued to file Appeals in the
  1270. 51:49years that followed which delayed the
  1271. 51:51execution in 1995 during the appeals
  1272. 51:55process Porter was tested to have an IQ
  1273. 51:57of only 51 meaning that he may have been
  1274. 52:01moderately [ __ ] in light of the new
  1275. 52:04information another
  1276. 52:05appeal was filed on the grounds that
  1277. 52:07Porter was incapable of understanding
  1278. 52:08his punishment if I I'm gonna fail that
  1279. 52:12test the IQ you're taking a test I'm
  1280. 52:14just gonna not good a test if I'm in
  1281. 52:18jail and I need to get out of inning the
  1282. 52:22death penalty then I'm gonna fail that
  1283. 52:24test like I've never failed at it I'm
  1284. 52:27gonna actively try to be [ __ ] oh my
  1285. 52:30goodness why wouldn't you yeah I know I
  1286. 52:33can understand but a lot of people try
  1287. 52:34and use that as a defense and I feel
  1288. 52:36like the system is pretty skeptical like
  1289. 52:39you're not [ __ ] okay yeah so I feel
  1290. 52:41like it I don't know I feel like it had
  1291. 52:43to been pretty accurate because they
  1292. 52:45have tried so hard to keep it so
  1293. 52:47accurate because so many people have
  1294. 52:48done that same thing yeah same thing
  1295. 52:51with insanity pleas mm-hmm absolutely
  1296. 52:53in 1998 Northwestern University
  1297. 52:56professor David protests investigated
  1298. 52:59the crime as part of a class assignment
  1299. 53:00for the Innocence Project the students
  1300. 53:04assigned to the porter case gathered
  1301. 53:05evidence exposing major holes in the
  1302. 53:08prosecution's case student Tom McCann
  1303. 53:11and private investigator Paul J colino
  1304. 53:14spoke to the witness William Taylor who
  1305. 53:16in December 1998 recanted his original
  1306. 53:19statements saying that Chicago Police
  1307. 53:22had threatened harassed and intimidated
  1308. 53:24him into accusing Porter another student
  1309. 53:28noted that the shot had been fired by a
  1310. 53:30left-handed shooter Porter was
  1311. 53:32right-handed I want to I know that I
  1312. 53:35don't know yeah I mean it must have been
  1313. 53:37one of the eyewitness accounts or
  1314. 53:38something yeah the Cook County State
  1315. 53:42Attorney's Office launched a new
  1316. 53:43investigation into the Porter case two
  1317. 53:46days later and only 50 hours before
  1318. 53:49Porter was scheduled to be killed by
  1319. 53:51lethal injection
  1320. 53:52he received a stay of execution from the
  1321. 53:55state Supreme Court citing research that
  1322. 53:58showed that his intelligence level was
  1323. 53:59too low for him to understand what was
  1324. 54:01going on his conviction was overturned
  1325. 54:03in 1999 following the discovery of new
  1326. 54:07information by the same Northwestern
  1327. 54:09University students working for the
  1328. 54:11Innocence Project
  1329. 54:12Anthony Porter was freed from prison two
  1330. 54:15days later after 17 years
  1331. 54:18the charges against him were dropped the
  1332. 54:20following month why would it take a
  1333. 54:22month [ __ ] whatever yeah
  1334. 54:26On January 29th 1999 Inez Jackson came
  1335. 54:31forward saying she witnessed her
  1336. 54:32then-husband Elstree Simon we talked
  1337. 54:35about previously commit the crime in
  1338. 54:38retaliation for the victim Jerry Hillard
  1339. 54:41skimming money on drug deals she also
  1340. 54:44said that she had never met or seen
  1341. 54:46Porter before
  1342. 54:47Inez Jackson's nephew whose apartment
  1343. 54:50Simon allegedly fled to after the
  1344. 54:53shooting came forward to corroborate her
  1345. 54:55story four days later on February 3rd
  1346. 54:59Simon himself appeared to confess to the
  1347. 55:02crimes on videotape al-suri Simon was
  1348. 55:06formally charged in September 1999 and
  1349. 55:09pleaded guilty to two counts of
  1350. 55:10second-degree murder he was found guilty
  1351. 55:13and sentenced to thirty seven and a half
  1352. 55:15years in prison she's a really low time
  1353. 55:18for two counts of second-degree murder
  1354. 55:19yeah that's not enough so in 2005 Inez
  1355. 55:25Jackson and her nephew Walter Jackson
  1356. 55:27who were the witnesses against al-suri
  1357. 55:30Simon recanted their statements the
  1358. 55:33explanation that they gave was that the
  1359. 55:35Northwestern University Innocence
  1360. 55:37Project director David Protess
  1361. 55:39had promised them money and also
  1362. 55:42promised to help them free their family
  1363. 55:45members from prison in exchange for
  1364. 55:47lying and saying that they had seen a
  1365. 55:50Sri Simon so his motivation was
  1366. 55:53basically that he wanted to get the
  1367. 55:56convictions overturned and get these
  1368. 55:58people exonerated so it looked better
  1369. 55:59for the Innocence Project and it looked
  1370. 56:01better for the Northwestern University
  1371. 56:03Innocence Project ulcery Simon also
  1372. 56:06recanted his confession he said that he
  1373. 56:09was pressured into making a false
  1374. 56:11statement by the Innocence Project as
  1375. 56:13well he said he was shown a videotape of
  1376. 56:17an actor pretending to be a witness who
  1377. 56:19implicated him in the crime and he had
  1378. 56:22also been promised by the Innocence
  1379. 56:24Project that he would get a short prison
  1380. 56:26sentence and a movie deal if he
  1381. 56:28confessed it's just not enough
  1382. 56:32for me to confess to a crime a movie and
  1383. 56:35a short sentence you're still going to
  1384. 56:37prison you're still a [ __ ] murderer
  1385. 56:39wouldn't trust anyone no way
  1386. 56:42so David protests from the Northwestern
  1387. 56:45University Innocence Project and Paul
  1388. 56:47quily no have vigorously denied any
  1389. 56:50wrongdoing they protest that a number of
  1390. 56:53Simons claims are false and stand by
  1391. 56:55Simon's guilt in 2011 David protests was
  1392. 56:59placed on leave from Northwestern
  1393. 57:01University after school officials found
  1394. 57:03that he had deliberately falsified
  1395. 57:05evidence related to a subpoena for
  1396. 57:08another wrongful conviction case so he
  1397. 57:11was clearly had a pattern of this so
  1398. 57:13much so that Northwestern University let
  1399. 57:15him go it's apparent that the
  1400. 57:18Northwestern University Innocence
  1401. 57:20Project was more concerned with
  1402. 57:21undermining
  1403. 57:22Illinois's adoption of the death penalty
  1404. 57:24than with identifying the truth of the
  1405. 57:27murders so they kind of prioritized
  1406. 57:29lying about these cases so they could
  1407. 57:32get their case rates up and so they
  1408. 57:34could fight the death penalty and that
  1409. 57:35was ultimately their caused they wanna
  1410. 57:37make another about yeah they would just
  1411. 57:39do anything for it yeah whether it be
  1412. 57:41money or promises lying and all that it
  1413. 57:44was so corrupt it's disappointed I know
  1414. 57:47I guess this is probably a bad way to
  1415. 57:49end the episode that they can be they're
  1416. 57:52not all innocent I mean there are all
  1417. 57:54great people they do the same [ __ ] that
  1418. 57:56cops do you know pay for testimony they
  1419. 57:59go where see with shorter sentences you
  1420. 58:01know I mean yeah I just think that this
  1421. 58:03is a situation of the bad apple spoiling
  1422. 58:06it for the Munch I don't think that most
  1423. 58:08people in the Innocence Project are
  1424. 58:10doing this I think that it's the case of
  1425. 58:12just one person doing it and maybe a
  1426. 58:14couple corrupt people but I don't think
  1427. 58:17that's by enlarge the way that people do
  1428. 58:19it most cops aren't all bad - we just
  1429. 58:22liked it that we just find a lot of
  1430. 58:24cases where they [ __ ] up yeah yeah I I
  1431. 58:27definitely think that that's worth
  1432. 58:29mentioning yeah there's a small
  1433. 58:31percentage of people there doing bad
  1434. 58:33things
  1435. 58:34yeah and they think they're doing it for
  1436. 58:35the right reason I think yeah where
  1437. 58:37they're just like oh I want to get the
  1438. 58:38death penalty overturned or the cops
  1439. 58:40want to put people in jail that they
  1440. 58:42think are not innocent yeah but it's
  1441. 58:46the people like cops medical
  1442. 58:48professionals all the ones that have to
  1443. 58:50be really really careful with their jobs
  1444. 58:53are the ones with 12-hour shifts yeah
  1445. 58:55you know what I mean where you're a
  1446. 58:57certain amount of hours your brain just
  1447. 58:59can't function right so it's like what
  1448. 59:01that's your last call tonight yeah I
  1449. 59:03don't want to go home do you not want to
  1450. 59:06go sit in my bed and Netflix yeah I get
  1451. 59:10it but I don't like that we should shut
  1452. 59:12we should cut down hours you know maybe
  1453. 59:14they would function a little bit better
  1454. 59:15yeah I just think that there's no excuse
  1455. 59:18for that kind of be no question if
  1456. 59:20you're gonna be a cop you need to like
  1457. 59:21take your job seriously yeah absolutely
  1458. 59:23so ultimately the Cook County
  1459. 59:26prosecutors finally threw out Simon's
  1460. 59:28conviction in October 2014
  1461. 59:31leaving unanswered questions of who
  1462. 59:34committed the murders so they hopefully
  1463. 59:36they're still unsolved
  1464. 59:37so they both got exonerated exactly Wow
  1465. 59:40yeah that's pretty crazy one on that
  1466. 59:44note thank you for checking out another
  1467. 59:47episode of murdered dictionary again it
  1468. 59:50would be greatly appreciated if you
  1469. 59:51would rate review and subscribe and give
  1470. 59:55us five-star reviews that would be
  1471. 59:56awesome you can also check us out on
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  1473. 1:00:01awesome serial killer memes and true
  1474. 1:00:04crime breaking news and thank you for
  1475. 1:00:07listening yeah thanks guys
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  1494. 1:00:53the cheetah but the far less appealing
  1495. 1:00:55blobfish
  1496. 1:00:57oh come on Glad insult to injury you
  1497. 1:01:01could have used those 15 blobfish
  1498. 1:01:02minutes to switch our motorcycle
  1499. 1:01:04insurance to Geico Geico 15 minutes
  1500. 1:01:07could save you 15% or more on motorcycle
  1501. 1:01:10insurance

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This page contains the full transcript of Exonerated: Kirk Bloodsworth, James Bain, Anthony Porter, and Alstory Simon by Murder Dictionary Podcast, generated from the public captions YouTube serves with the video. The transcript has 10,315 words across 1,501 segments, with the original timestamps preserved so you can click any line to jump to that moment in the embedded player.

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