Exonerated: Kirk Bloodsworth, James Bain, Anthony Porter, and Alstory Simon — Transcript
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- 1:33hello and thank you for checking out
- 1:35murder dictionary podcast my name is
- 1:38Breanna and with me is Kelly hey before
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- 2:41bathroom or a good time listen to murder
- 2:47dictionary podcast alright so today
- 2:52we're going to be talking about
- 2:54exonerations I feel like this is a
- 2:57subject where most of the time I'm
- 2:59getting really upset about lenient
- 3:02sentencing you know just like all crimes
- 3:04against women or crimes committed by
- 3:05white people or they just get off so
- 3:07easily
- 3:07but this one is equally as compelling to
- 3:10me just because it's so tragic every
- 3:13story is just years and years of
- 3:16people's lives just gone yeah and it
- 3:19just feels like um there's that
- 3:21nightmare I don't know how many people
- 3:23have it I think it's pretty common of
- 3:25just being in the middle of a surgery
- 3:28and waking up from anesthesia that's
- 3:30what this reminds me of and I know I
- 3:32mean personally I've had a lot of
- 3:34medical stuff so that's more personal
- 3:36for me but that's what it feels like is
- 3:38you're just trapped in in this situation
- 3:41and there's nothing you can do
- 3:43just hopelessness so anyway so this
- 3:46subject is really compelling and tragic
- 3:48and so instead of talking about the
- 3:51psychology like I usually like to start
- 3:53off with I actually found some
- 3:56statistics that I found are really
- 3:58really horrific and jaw-dropping so I
- 4:01wanted to share those with you guys so
- 4:03approximately 4% of those sentenced to
- 4:06be executed are innocents or percent yes
- 4:10for that yeah
- 4:13an astounding 125 exonerations were
- 4:18recorded in 2014 alone yeah well no
- 4:23that's I mean actually not too many
- 4:25that's I mean it's too many for it to be
- 4:27happening but yeah good that there was
- 4:29at least a high it's better than zero
- 4:30right yeah I mean I'm I'm glad that
- 4:33there's people that are being exonerated
- 4:35but it's also just like how are we
- 4:37getting this so wrong yes there's got to
- 4:39be something wrong with the criminal
- 4:41justice system absolutely
- 4:43so there is an exoneration every three
- 4:45days in this country as of 2015 one
- 4:49thousand five hundred and seventy nine
- 4:52people had been exonerated since 1989
- 4:55and that's according to the National
- 4:57Registry of exonerations 70% of
- 5:01exonerees are minorities 47% alone are
- 5:05African American and 99 percent are
- 5:08males what that [ __ ] tell you about
- 5:09our country right that just speaks
- 5:11volumes and just horrific when of course
- 5:15discussing exonerations you have to get
- 5:18into the Innocence Project they have
- 5:20just done so much work to get wrongfully
- 5:23imprisoned people freed they also need
- 5:25to be discussed because they have the
- 5:27most information statistics studies
- 5:30about the subject the work that they do
- 5:33is just so important so they were
- 5:34founded in 1992 by Barry Scheck and
- 5:38Peter new fields and since then they
- 5:41have freed 347 people 347 of the 1579
- 5:47array that have been exonerated from
- 5:491989 is a great number yeah I think so
- 5:52absolutely they're amazing so according
- 5:55to that
- 5:56the innocent project the average amount
- 5:58of time served was 14 years
- 6:01what yes oh my god yeah I'm gonna pass
- 6:08out the years served by the Innocence
- 6:12Project exonerees alone totaled
- 6:15approximately four thousand seven
- 6:17hundred and fifty as of 2015
- 6:20how much money that cost the state -
- 6:22yeah yeah it's the trade all the
- 6:26implications as far as on our our taxes
- 6:29and state funding but also I mean it's
- 6:34the years of their lives that's the most
- 6:38important part it's what their life has
- 6:41taken away but but it is so like even
- 6:44for the people that don't give a [ __ ]
- 6:46about the victims of these wrongful
- 6:50convictions even though it's like I'm
- 6:52just envisioning super super
- 6:54conservative people but I don't know
- 6:58maybe that's biased but people that are
- 7:00have a bias towards these minorities and
- 7:03wrongfully convicted people I feel like
- 7:06they could get behind that I'm just like
- 7:07it still impacts the state even if it's
- 7:11you don't care about their lives it
- 7:13still impacts us so the Innocence
- 7:16Project has also identified the real
- 7:19killers in 147 of those 347 cases Adam
- 7:24yes I love the work they do that's just
- 7:28amazing to me the Innocence Project has
- 7:31had to close 22 percent of their cases
- 7:33because DNA evidence was missing or had
- 7:37been destroyed mistress so they starts
- 7:40working on these cases and 22 percent of
- 7:43them you can't do anything because they
- 7:47got rid of the evidence like I just oh
- 7:49my god that fix it you can't prove
- 7:52anything you bring anything back up it's
- 7:54basically their conviction is their
- 7:56conviction you can appeal as many times
- 7:58as you want yeah there's just nothing
- 8:00you can do we lost the DNA right just oh
- 8:03my god oh you don't care I think it's
- 8:06just carelessness like oh we got in
- 8:08there in jail who
- 8:09cares I'm destroying this evidence
- 8:11anymore right like we got what we wanted
- 8:14so [ __ ] you about 3,000 prisoners write
- 8:18to the Innocence Project each year and
- 8:20at any given time the Innocence Project
- 8:22is evaluating 6,000 to 8,000 potential
- 8:26cases there are many reasons why
- 8:29wrongful convictions occur the most
- 8:32common reason is false eyewitness
- 8:34identification and the innocence
- 8:36projects studies eyewitness testimony
- 8:39played a role in more than 75% of
- 8:42wrongful convictions statistics are so
- 8:45high it's just oh like what a [ __ ]
- 8:49terrible not a good successful like a
- 8:51success rate yeah obviously we're doing
- 8:53something wrong and it again just a lot
- 8:56of it just speaks to racism it's just so
- 8:59much of it unreliable or improper
- 9:02forensic science played a role in about
- 9:0450% of Innocence Project cases
- 9:08scientific techniques such as bite mark
- 9:10comparison and fiber analysis were
- 9:13widely used but are now sought to be
- 9:15more subjective
- 9:17yeah like even back in the day to when
- 9:18they were using pubic hair like this is
- 9:20a black man's pubic hair that's so many
- 9:22times in cases and like now they have
- 9:25mitochondrial DNA that you write the
- 9:28pubic hairs but instead of mr. Brandon
- 9:30person looking at it this is a curly
- 9:32hair [ __ ] you dude yeah that's what has
- 9:37gotten people convicted right it's
- 9:39unbelievable and there's those people
- 9:42that like even with DNA - like that one
- 9:44lady that got caught wouldn't she
- 9:47tampered with like 50,000 cases she was
- 9:49a DNA and I remember that yeah and then
- 9:52the DNA analyst and she had tampered and
- 9:54destroyed and ruined and so many cases
- 9:58yes and now she's now they're all
- 9:59getting I hope new trials
- 10:01I hope so they're better in about 25% of
- 10:05DNA exoneration cases innocent people
- 10:07were coerced or threatened in the making
- 10:10incriminating statements or false
- 10:12confessions approximately 10% of the
- 10:15innocence projects DNA exoneration cases
- 10:18had pled guilty to crimes that they
- 10:20didn't commit
- 10:21often with the promise
- 10:23of reducing their sentence or even
- 10:25avoiding the death penalty [ __ ] trap
- 10:27it's just so common it's so unbelievably
- 10:31common that they get these people in
- 10:33rooms and just badger them and bully
- 10:35them into saying that they did something
- 10:38that they didn't do it's unbeliev and
- 10:40you're in rooms for hours and hours and
- 10:43days sometimes it goes through to two or
- 10:46three days and you also see what you saw
- 10:49kind of in you know the good example of
- 10:51that is making a murderer with Brendan
- 10:53Dassey again it's just you saw them
- 10:57telling him he could go home yeah and
- 10:59that's what they do they say that they
- 11:01and I know that it it takes a certain
- 11:05intelligence level to believe that and I
- 11:09feel bad saying that but it's just like
- 11:11you shouldn't believe that if you're a
- 11:13smart person you'd know that that's not
- 11:14the case but there's so many times that
- 11:16they're playing on the fact or relying
- 11:19on the fact that someone is going to be
- 11:20uneducated poor yeah impoverished you
- 11:25know just not know any better and just
- 11:27be unfortunately I hate to say it but
- 11:31too dumb to know that they're lying and
- 11:33I didn't I mean if they had the evidence
- 11:35they wouldn't be asking any questions
- 11:37right but if you ever get questioned by
- 11:39the cops am I being charged and with
- 11:41what charges if not I'm out yeah yeah I
- 11:44don't care how that looks I you know
- 11:46yeah now I know that not being younger I
- 11:49would raise well I'm just gonna tell the
- 11:50cops because I think there's just a
- 11:53certain amount of deductive reasoning
- 11:54that you develop over time or that you
- 11:57have from a young age that the people
- 11:59that are maybe a little bit slower that
- 12:01are oftentimes being caught up in these
- 12:03situations are they just don't have it I
- 12:07just feel bad saying that that's a part
- 12:10of it but really it is you know so we're
- 12:13going to start off with the first person
- 12:15to be exonerated Kirk Bloodsworth and he
- 12:18was the first man who was on actually
- 12:21death row but he was freed because of
- 12:24DNA evidence all right so on July 25th
- 12:281984 two young boys are fishing in a
- 12:31small pond behind an apartment complex
- 12:32when they witnessed nine-year-old dawn
- 12:34Hamilton walk off into the woods with a
- 12:36man
- 12:37described as skinny six-foot-five with a
- 12:39bushy mustache and blonde hair they were
- 12:42the last people to see her alive
- 12:44hours later Dawn's body was found lying
- 12:46face down in the woods the next day and
- 12:48the autopsy found that the manner of
- 12:50death was strangulation and blunt force
- 12:51trauma to the head and one of the really
- 12:54awful things that I saw about this case
- 12:57and it's just I'm just a visual person
- 12:59so when I read things I just I see it or
- 13:02like I relate it to something and I read
- 13:06that when they found her she had one of
- 13:09those like little girl purses hmm and it
- 13:12was found with her body that's just and
- 13:15she was still wearing it like she had
- 13:17one of those little like Barbie purses
- 13:19or whatever and yeah just the visual of
- 13:23that and it's just so tragic I just
- 13:26decide I'm gonna hang out on the edge of
- 13:29the woods and just make stop everyday
- 13:31you shall not pass
- 13:34especially if you have a kid definitely
- 13:38I'm only stop if you're with a kid or a
- 13:40woman just no no you're getting [ __ ]
- 13:42I'm gonna be a detective right where are
- 13:45you going at the time of the murder
- 13:48former Marine Kirk Bloodsworth did not
- 13:51live in the area he was not six foot
- 13:53five skinny nor was he blond with the
- 13:55bushy mustache
- 13:56he was six-foot brawny redhead with
- 13:59mutton-chop sideburns who had worn
- 14:01glasses since age five arrested within
- 14:03three weeks of the murder Kirk
- 14:04maintained his innocence from day one
- 14:06assuming somehow some way the police
- 14:09would realize they had the wrong man in
- 14:10the nightmare would end I just can't
- 14:12believe his description was so different
- 14:15it's just crazy
- 14:17doesn't everyone look the same in like
- 14:18the late 70s moustaches bushy something
- 14:23Bush is definitely in every person's
- 14:25rage like they could be in Led Zeppelin
- 14:28yes or Jimi Hendrix Experience you
- 14:31either had afro or long hair that there
- 14:33was were there two types of people
- 14:35nothing else but you definitely had a
- 14:36mustache some facial facial hair he
- 14:40witnesses who the place in my home at
- 14:41the time of the murder and there was no
- 14:43physical evidence that linked Kirk to
- 14:45the crime scene despite all of this Kirk
- 14:47was ultimately convicted by his slim
- 14:50once to a campos it drawing based on
- 14:52eyewitness testimony of the young two
- 14:54boys and the eyewitness identification
- 14:56of three others one of which identified
- 14:58Kirk after seeing him on the news
- 15:00that's just terrible [ __ ] just by like
- 15:04I mean dude you just need to get like
- 15:05six people that all [ __ ] hate you and
- 15:08then just write you out and be like oh
- 15:09she definitely did it I was there ya
- 15:11know like okay Bloodsworth was
- 15:14ultimately found guilty but the Maryland
- 15:17Court of Appeals overturned Bloodsworth
- 15:18conviction in 1986 after finding that
- 15:21the prosecution had illegally withheld
- 15:23potentially exculpatory evidence from
- 15:26the defense however Bloodsworth was
- 15:28retried convicted again and sent to two
- 15:31life terms so you too [ __ ] up defense
- 15:35in the beginning basically right yeah I
- 15:38don't know if it's definitely the it's
- 15:41the prosecution I'm sorry yeah I had
- 15:43withheld information and then you get
- 15:45retried you get a mistrial or whatever
- 15:47you get a new trial and then they can
- 15:49thank you again yeah it's awful that he
- 15:52was convicted again but the only good
- 15:54thing was that it was reduced from the
- 15:57death penalty to two to life yeah
- 15:59initially so I mean at least he would I
- 16:02mean who knows he could have been killed
- 16:04if the DNA evidence had not been found
- 16:06he would have been killed
- 16:08Wow it's just yet awful so even though
- 16:11appeals are made the conviction and
- 16:12sentence was not overturn it I feel like
- 16:14that's like winning a million dollars at
- 16:16the lottery and then they're like psych
- 16:18like the fake scratchers with like
- 16:20$10,000 yeah like I'm out I'm free and
- 16:24then nope so in 1992 Bloodsworth read an
- 16:27account of how the new technology of DNA
- 16:29fingerprinting had led to a conviction
- 16:31of a murder suspect hoping to prove his
- 16:34innocence he pushed to have the evidence
- 16:35against him tested by the then novel
- 16:38method initially available evidence in
- 16:41the case
- 16:42Oh initially the available evidence in
- 16:44the case traces of semen in the victims
- 16:45underwear was thought to have been
- 16:47destroyed however it was eventually
- 16:49located in a paper bag in the judge's
- 16:51chambers why yeah well I don't isn't
- 16:54this was being an evidence room yeah
- 16:55that's just really suspect was he
- 16:57sniffing him
- 16:59like so he gets ready just let me go to
- 17:03this trial testing proved that the semen
- 17:06did not match Bloodsworth DNA profile in
- 17:091993 Bloodsworth was released by that
- 17:11time he had spent almost nine years in
- 17:13prison two of them on death row
- 17:15Bloodsworth was released on June 28th
- 17:181993 he was the first u.s. death row
- 17:21prisoner to be cleared by DNA in
- 17:23December 1994 Maryland governor William
- 17:26Donald Schaefer granted Bloodsworth a
- 17:28full pardon based on innocence which is
- 17:30good too because sometimes they make you
- 17:31plea you know like right you don't have
- 17:33that on your record or whatever yeah get
- 17:35out or that weird situation with the
- 17:38West Memphis Three yes that's exactly
- 17:40where they and but they they did it
- 17:42right and they they basically agreed
- 17:45that they were guilty it seems yeah it
- 17:47was a weird thing I don't remember the
- 17:49name for it but it was super super rare
- 17:52like the last case of it was something
- 17:53like a hundred years ago or something
- 17:55crazy so ridiculous but then some people
- 17:57have so much pride to where they're like
- 17:58they do that when I was take taking even
- 18:01in the West Memphis Three Damien Echols
- 18:03had said yeah he was like I didn't want
- 18:05to do this but because I think it was
- 18:07his my right no I think it was one of
- 18:10the other accused okay miss Kelly I
- 18:13think or one of the other ones
- 18:14he was like because there were two other
- 18:16people involved if it was just me I
- 18:18never would have said I'm gay
- 18:19yeah but because it's two other people
- 18:21and that's what they wanted of course I
- 18:24have to look out for their like yeah
- 18:25yeah okay so thanks to what was then a
- 18:40new technology called genetic
- 18:42fingerprinting Kirk Bloodsworth became
- 18:44the first death row and me exonerated by
- 18:46DNA since his exoneration in 1993 kyrgyz
- 18:50found his voice making it his life's
- 18:52mission to foster change in the criminal
- 18:54justice system especially regarding
- 18:55issues surrounding wrongful convictions
- 18:57and the death penalty
- 18:58he's become a vocal opponent of the
- 19:01death penalty speaking publicly the
- 19:02small groups and large audiences
- 19:04lobbying politicians and working with
- 19:06other activists to rehabilitate the
- 19:08penal system the pinnacle of his work to
- 19:11date came in 2004 when
- 19:13g-dub signing the law the Kirk noble
- 19:17Bloodsworth post-conviction DNA testing
- 19:19program which provides block grants to
- 19:21states to pay for m8 post-conviction DNA
- 19:23testing like I think all of that's
- 19:26positive but if I was Kirk I would just
- 19:29be like um can we get this associated
- 19:33with someone that's not George W Bush
- 19:34like really [ __ ] that guy yeah because
- 19:37he's been ok he's been part of the Texas
- 19:41death penalty issues like obviously his
- 19:43state was all about the death penalty
- 19:45and then you're coming to me and being
- 19:47like oh I'm gonna like do this
- 19:49initiative in your name that's against
- 19:52every one of my actions like you know
- 19:54his actions are not consistent with this
- 19:57this I don't remember who was the
- 19:59majority at the time was the house of
- 20:01the center oh yeah if it was Democrats
- 20:03and that makes more sentence and he just
- 20:05has to yeah which I mean I guess right
- 20:07yeah maybe you worst into it yeah he
- 20:10could have been like veto which or maybe
- 20:12he gave him a five dollar grant like
- 20:15here's ten bucks
- 20:16enjoy don't spend it all in one case and
- 20:22see what you did there in his home state
- 20:26of Maryland Kirk also played an integral
- 20:27part in the successful campaign to
- 20:29repeal the death penalty in 2003 nearly
- 20:32a decade after Bloodsworth release
- 20:34prisoner DNA evidence added to state and
- 20:37federal databases identified the real
- 20:38killer
- 20:39Kimberly Shay Ruffner and of course his
- 20:42name was Kimberly Kimberly it's like
- 20:44it's like a boy named Sue yeah a girl
- 20:48named Kelly I'm naming my son Brianna a
- 20:59month after the 1984 murder Ruffner had
- 21:03been sentenced to 45 years for an
- 21:04unrelated burglary attempted rape and
- 21:06assault with intent to murder he had in
- 21:10fact been incarcerated and I sell one
- 21:13floor below Bloodsworth cell yes it's
- 21:16crazy oh my god so Ruffner arrived in
- 21:20prison just a month after Bloodsworth
- 21:21and knew about Bloodsworth case the
- 21:24attempts to win a new trial and his
- 21:25of actual innocence he knew everything
- 21:27you never send me thanks but what a
- 21:30[ __ ] piece of [ __ ] yeah so off or
- 21:32maybe I mean I wonder if he knew the
- 21:33girls names but like dude if you killed
- 21:35know he knew everything okay you [ __ ]
- 21:39piece of [ __ ] yeah however Ruffner said
- 21:42nothing to leave Bloodsworth suspect
- 21:44that Ruffner had killed dawn Hamilton
- 21:45Bloodsworth learned the news from
- 21:47prosecutors shortly before Ruffner was
- 21:49formally charged with the crime on
- 21:51September 5th 2003 Kirk had said that he
- 21:55and Ruffner knew each other
- 21:56Bloodsworth was the prison librarian who
- 21:58would deliver books to Ruffner and they
- 22:00would sometimes even work out together
- 22:01yeah Bloodsworth was just like yeah he
- 22:04spotted me yeah I spotted him I mean he
- 22:06has said that in interviews like
- 22:08friendly oh my god yeah it wasn't just
- 22:12some guy that he had seen he really like
- 22:15worked out dude and the guy never said
- 22:19anything he's already in there for 45
- 22:22years
- 22:23yeah just see like it doesn't matter I
- 22:25don't know so in 2004 Kimberly Shay
- 22:28Ruffner who had a history of sexual
- 22:30attacks pled guilty to the murder of
- 22:32dawn Hamilton Ruffner was near Don
- 22:34Hamilton's apartment complex to smoke
- 22:36PCP he had just gotten out of jail days
- 22:39before after being acquitted after being
- 22:42acquitted on charges that he had
- 22:44sexually assaulted another girl Ruffner
- 22:46had also drank a fifth of rum before he
- 22:48saw the nine year olds girl the attack
- 22:50was not premeditated or planned he just
- 22:52happened to see the girl Ruffner was
- 22:55convicted of Dawn's murder in 2004 and
- 22:57will spend the rest of his life in jail
- 22:58at least he fessed up yeah I mean at
- 23:02least he's being held accountable for it
- 23:04it's not a waffle yeah yeah I just can't
- 23:06believe that he didn't say anything like
- 23:08of course I mean he's a murderer why
- 23:10would I think that he's an honest guy
- 23:12yes like yeah I'm gonna say something
- 23:13cuz it's the right thing to do like yeah
- 23:15of course she's a [ __ ] piece of [ __ ]
- 23:17here's my redeeming moment just oh my
- 23:21god right so moving on to the next case
- 23:24on June 4th 1994 19 year old JC Taylor
- 23:28was found dead in her bathtub in
- 23:31Palisades Colorado neighbors had
- 23:33discovered a leak in their apartment at
- 23:357:00 a.m. that morning
- 23:36upon entering Taylor's apartment two
- 23:39hours later they found her naked body in
- 23:41the bathtub and called the police
- 23:44according to the medical examiner who
- 23:46examined the body Taylor appeared to
- 23:49have been strangled by a nylon dog leash
- 23:51or horse lead and had been sexually
- 23:54assaulted shortly before her death
- 23:56police focused their investigation on
- 23:58Robert Dewey who was a 33 year old biker
- 24:00nicknamed rider
- 24:02Dewey was an addict who had been drawn
- 24:03to the neighborhood by the availability
- 24:05of meth in the area I mean that's a
- 24:08pretty bad neighborhood if they're just
- 24:09like oh that's where all the methods
- 24:12that's where I belong it's basically
- 24:14Simi Valley he was a bike rider that it
- 24:22was nicknamed Reiter that's like a
- 24:24Harley guy yeah yeah
- 24:26super simple writer you won't forget it
- 24:30the police and prosecutor began to build
- 24:33a circumstantial case against Robert
- 24:35Dewey he had initially emerged as a
- 24:37suspect in the case when police heard
- 24:40from several of Taylor's friends that
- 24:42she was afraid of him police also
- 24:44learned that Dewey and several of his
- 24:46friends had hid from them when the
- 24:48police came to question them but I feel
- 24:50like if he's like a biker gang meth head
- 24:53guys yeah it's not about the murder it's
- 24:56just about like either knowing that you
- 24:58have drugs on you or just paranoia from
- 25:01yeah much drugs like I mean that's kind
- 25:03of I feel like they could predict that
- 25:05behavior better and see that it's not
- 25:07related to the murder but Who am I and
- 25:09she was probably scared of him because
- 25:10he was on meth I'm yeah I mean some
- 25:13biker dude that's just kind of tweaked
- 25:15out like of course you're gonna be a
- 25:16little sketchy around them furthermore
- 25:19when police later found and questioned
- 25:21him he initially gave police a fake name
- 25:24all right I would have thought he was
- 25:26guilty there's no meth involved I
- 25:27ability this guy's [ __ ] guilty yeah I
- 25:29mean it's right off the bat yeah I I
- 25:32don't know despite this Dewey ultimately
- 25:35cooperated with the police during the
- 25:37investigation and subsequent
- 25:38interrogations Dewey admitted he knew
- 25:42the victim and he had been to her house
- 25:44but denied any involvement in or
- 25:46knowledge of the crime when he was
- 25:48questioned again police recover
- 25:50a t-shirt that belonged to him which was
- 25:52stained with oil grease and blood okay
- 25:55guilty I know but just wait yep
- 26:00during the investigation police
- 26:02recovered the shirt do we was wearing
- 26:03when the crime occurred the shirt had
- 26:07several bloodstains on it do we claim
- 26:09that it was his blood on the shirt but
- 26:12police didn't believe him using the
- 26:18methods of DNA testing that were
- 26:20available in the 90s police tested the
- 26:23blood from Dewey's shirt the testing
- 26:25confirmed that the blood on the shirt
- 26:27was consistent with Dewey the victim and
- 26:31forty-five percent of the population
- 26:33that's a terrible [ __ ] test yeah it
- 26:35just seems like why bother he's just a
- 26:3750% that's really a basically oh it's
- 26:41one out of two like it's a it's you may
- 26:43as well just guess or flip a coin that's
- 26:45awful
- 26:46in addition and also it's just like you
- 26:49can't rule him out but you can't convict
- 26:51him based on that even though they're
- 26:52gonna [ __ ] try yeah in addition to
- 26:56testing Dewey's shirt the state
- 26:58conducted DNA testing on the victims
- 27:00fingernails and semen from a blanket
- 27:03where she was raped the testing
- 27:05confirmed that Dooley was not the source
- 27:06of the semen or the DNA found under the
- 27:09victims fingernails
- 27:10despite this prosecutors continue to
- 27:12pursue him based on other circumstantial
- 27:15evidence that should have been enough
- 27:16right there to get him out right now
- 27:19your semen it's not you're scraping like
- 27:21this someone else like obvious value so
- 27:24I know if I ever get raped or murder I'm
- 27:26scraping the shoe I'm gonna just pretend
- 27:29like you're getting good yeah I'm a baby
- 27:32kittens like tiny little scrapes yeah
- 27:35I'm just gonna scratch the [ __ ] out of
- 27:37someone and then I'm gonna try and hold
- 27:39the [ __ ] inside me Oh
- 27:41the real-time no you're gonna rub it all
- 27:44over my body but oh my god just douse
- 27:48myself so no traces just in case some
- 27:51idiot cop like [ __ ] up the semen like
- 27:53yeah there's no way everywhere it's
- 27:56literally I'm covered in it and maybe a
- 28:01little thing that he like here they have
- 28:03to convict the man cuz I like what kind
- 28:04of man rubs his but it was really me
- 28:10you're just a genius yeah to get his ass
- 28:12convicted yeah a Dewey's trial in 1996
- 28:17the prosecution relied on the DNA
- 28:19results from testing the blood on his
- 28:22shirt emphasizing that the profile was
- 28:24consistent with the victim's blood
- 28:26but leaving out the fact that it was
- 28:28also consistent with him and 41 yeah
- 28:32that's awful the prosecution also
- 28:35emphasized Dewey's suspicious actions
- 28:37during the initial stages of the
- 28:39investigation even though he eventually
- 28:41cooperated Dewey's defense team asserted
- 28:44that the blood on his shirt was his own
- 28:47blood not the victims and argued that
- 28:49the real perpetrator was the person who
- 28:51left the semen on the blanket and male
- 28:53DNA under the victims fingernails the
- 28:57prosecutors countered this by arguing
- 28:59that there must have been a second
- 29:00perpetrator who assisted Dewey in
- 29:02committing the crime [ __ ] Touche
- 29:05yeah that's a good comeback [ __ ] but
- 29:09it's I mean it worked but it's still
- 29:11just like that's not what happened
- 29:13the jury found Dewey guilty of
- 29:15first-degree murder and sexual assault
- 29:17he was given a life sentence with no
- 29:20possibility of parole at a sentencing
- 29:22hearing Dewey warned the judge there's
- 29:24still a killer out there it's
- 29:27infuriating
- 29:28Dewey's conviction was affirmed when the
- 29:31appeals did not overturn the rulings the
- 29:34Innocence Project began working on his
- 29:36case in 2007 when Dewey and his
- 29:39appointed post-conviction counsel
- 29:41Daniel Jaffe reached out to the
- 29:43Innocence Project for assistance in late
- 29:462009 Joffe and the Innocence Project
- 29:49discovered that forensic analytical
- 29:51sciences retain DNA extracts from the
- 29:54pre
- 29:54trial DNA testing of the blood on
- 29:56Dewey's shirt FAS retested the evidence
- 30:00using more advanced methods and this
- 30:02testing definitively excluded the victim
- 30:05as the source of the blood on Dewey
- 30:07shirt furthermore the DNA of the semen
- 30:10from the blanket matched the DNA from
- 30:12the victims fingernail scrapings neither
- 30:15of which matched Dewey it's free he's
- 30:18off right they're gone just let him go
- 30:21immediately the Innocence Project and
- 30:24jothee brought this evidence to the
- 30:26attention of the Colorado Attorney
- 30:28General's justice review project a
- 30:30grant-funded organization tasked with
- 30:32reviewing cases in which DNA evidence
- 30:35could lead to exonerations that'd be an
- 30:37awesome an organization to work for I
- 30:39think that in the Innocence Project is
- 30:41dream job and I should just reach out to
- 30:45them and donate and volunteer that's
- 30:48what we gotta do how the amazing the
- 30:50project agreed to retest several
- 30:52additional items of evidence at the
- 30:54Colorado Bureau of Investigation
- 30:56laboratory this testing confirmed the
- 30:59results from the FAS and developed a DNA
- 31:02profile suitable for comparison to the
- 31:04CODIS DNA databank
- 31:06gotta love CODIS yay CODIS we're all
- 31:08about that that code or anything like it
- 31:11incomparable the comparison yielded a
- 31:15hit to another man in the database that
- 31:18man was already serving a life sentence
- 31:20for a 1989 home invasion rape and murder
- 31:23in Fort Collins after an extensive
- 31:26investigation the Sheriff's Department
- 31:29concluded that Dewey was innocent and
- 31:31that the actual perpetrator was the man
- 31:33whose semen and DNA was left at the
- 31:35crime scene
- 31:36well now [ __ ] duh like we should have
- 31:39known that from the beginning but
- 31:40whatever on April 30th 2012 Joffe the
- 31:44Innocence Project and the Mesa County
- 31:46District Attorney's Office jointly filed
- 31:48a motion to vacate Dewey's conviction
- 31:50the court granted the motion and
- 31:53declared Dewey innocent after serving 17
- 31:56years in prison
- 31:58Robert due he became a free man in his
- 32:01civil suit he was compensated
- 32:03approximately 1.2 million dollars as he
- 32:06should be yeah
- 32:08the same day the court issued an arrest
- 32:10warrant for the actual perpetrator named
- 32:12Douglas Thames [ __ ] Douglas Dewey who
- 32:16was 51 at the time now faced the
- 32:18challenge of finding work with a prison
- 32:20record and fixing a back problem that
- 32:23worsened in prison he also joked that
- 32:25there was a matter of learning about
- 32:27texting cell phones and computers which
- 32:30is a joke but it's like true two years
- 32:32in prison at that time were so much
- 32:34technology change 39 year old Douglas
- 32:38Thames the one who actually committed
- 32:40the crime was renting an apartment in
- 32:431994 on the opposite side of the street
- 32:46two or three buildings down from where
- 32:49the 19 year old JC Taylor was discovered
- 32:51raped and murdered witnesses told
- 32:53investigators over the recent months
- 32:55that Thames girlfriend at the time was
- 32:57friends with JC Taylor and that Thames
- 33:00and his girlfriend had classes with
- 33:02Taylor at Palisades high at the time of
- 33:05the DNA there at the time of the DNA
- 33:07exoneration Thames was serving life in
- 33:10prison without the possibility of parole
- 33:11for his conviction in a 1989 rape and
- 33:15murder of Susan Dahl and fourth Collins
- 33:18Thames was charged in 2012 for the
- 33:21murder of JC Taylor he was found guilty
- 33:23on charges of first degree murder felony
- 33:26murder and first degree sexual assault
- 33:28by the Mesa County jury and 2015 Thames
- 33:32was sentenced to a term of life in
- 33:34prison without the possibility of parole
- 33:35plus 48 consecutive years in prison
- 33:39the next case we have is one of the
- 33:41longest incarcerations before
- 33:43exoneration it's not the absolute
- 33:46longest but it's pretty high up there on
- 33:49the evening of March 4th 1974 a
- 33:52nine-year-old boy sleeping at his home
- 33:54in Lake Wales Florida was dragged to a
- 33:57baseball field and raped baseball fields
- 33:59are really lit up too crazy like the
- 34:03woods makes more sense woods the victim
- 34:06told police that his assailant appeared
- 34:08to have been 17 or 18 years old and had
- 34:10a mustache and bushy sideburns
- 34:11definitely again 70s and 80s style
- 34:16according to the victim the man has said
- 34:19his name is Jim or Jimmy the victims
- 34:21thought in his description sounded a lot
- 34:23like Jimmy Bain police showed the victim
- 34:25six photographs of potential suspects
- 34:28and he chose the one of Bane however of
- 34:30the photographs in the lineup only Bane
- 34:33and one other man had sideburns so he
- 34:37would pick out of the two yeah that's
- 34:40[ __ ] so it could have just been luck I
- 34:43mean just yeah terrible luck so the boy
- 34:45also told police that he remembered
- 34:46seeing a red motorcycle which by
- 34:48coincidence Bane own that's a little
- 34:50suspicious I mean if he remembers that
- 34:52yeah got to me again they sound guilty
- 34:55at first to me I would like the evidence
- 34:57but I guess I approach it with the eyes
- 34:59of like knowing that they're innocent
- 35:02like yo that's random a red recycle I
- 35:06get how the details matched up yeah it's
- 35:09a really strange coincidence and yeah
- 35:11these do happen like that it's not
- 35:12impossible right so during the time that
- 35:15the crime was committed then
- 35:16eighteen-year-old Bane had just walked
- 35:17home from a party at a friend's house
- 35:19just down the block from his own place
- 35:21in Bartow Florida when he walked in the
- 35:23door at 10:30 p.m. Eastern to watch TV
- 35:25with his sister and soon fell asleep the
- 35:28police showed up at the Bane house to
- 35:30question him on March 5th 1974 he
- 35:32immediately cooperated with the police
- 35:33questioning and said I'm thinking I'm
- 35:36just gonna go clear this matter up I
- 35:37didn't even say anything to my parents
- 35:39or sister yeah of course and that's
- 35:41really the tell-tale sign of an innocent
- 35:44person like you just don't think that
- 35:46it's even possible that someone could
- 35:48think that you did this cuz you know in
- 35:50your heart in your mind that you just
- 35:51didn't do it yeah so when you're
- 35:54innocent and you just go along with it
- 35:55they convinced anyways but when you
- 35:57don't when you ask for a lawyer you look
- 35:58guilty as [ __ ] right like you just
- 36:00screwed either way um let's see but
- 36:03after two nights in the Polk County Jail
- 36:05Bane's still didn't know the accusations
- 36:07against him which is weird two nights in
- 36:10jail you should probably know what
- 36:11you're there for yeah that sounds like
- 36:12miss condom No yeah cuz then you get
- 36:17like a bail amount and based on your
- 36:19whatever yeah I'm in for finally police
- 36:22told him about the rape of a local nine
- 36:24year old boy band inform police that he
- 36:26had been at home watching television at
- 36:28the time of the attack an alibi that was
- 36:30supported by Bane sister nevertheless
- 36:32the police arrested him Bane said I told
- 36:35them you
- 36:35the wrong person but I knew then from
- 36:38that point on my life would be totally
- 36:40discombobulated according to FBI
- 36:42analysis presented at the trial of the
- 36:45rapist did leave semen on the victims
- 36:46underwear
- 36:47the trial occurred however before DNA
- 36:49testing was available so Bain could not
- 36:51be definitely tied to the semen he could
- 36:53however match its blood group again the
- 36:56same thing as the previous one yeah
- 36:57where it's just you're just gonna be
- 36:59with 45% of the population so I mean
- 37:02there's only like what four blood groups
- 37:04so right the percentages on that are
- 37:06awful an FBI analyst testified as a
- 37:09prosecution witness that the semen on
- 37:11the underwear was a blood group be beans
- 37:13blood group was a V but according to
- 37:16them analyst Baynes group had a week a
- 37:18and thus could not be excluded from
- 37:20having deposited the semen this is not
- 37:23the same as a match it just means that
- 37:25his blood type
- 37:26couldn't be rolled out that's just so
- 37:28awful that that's the kind of testing
- 37:30that they had yeah to be convicted on
- 37:32that it's not even the right blood group
- 37:36it's just that it's half of it yeah it's
- 37:37just part of it
- 37:38yeah so we can't rule it out which I
- 37:41guess make sense but not really I mean
- 37:43yeah that's not enough to convict
- 37:44somebody but they do it mm-hmm and an
- 37:47expert for the defense testified that
- 37:49Bane's group actually had a strong a and
- 37:51therefore he could be definitively
- 37:53excluded conclusive DNA evidence as used
- 37:56today didn't appear in court until 1985
- 37:59this is 1974 the rape also occurred in
- 38:03the woods two miles from the house where
- 38:05Bain spent most of that night again a
- 38:07really weird coincidence right so they
- 38:10logically couldn't have left the party
- 38:12committed the crime and arrived at home
- 38:14within the specified timeframe and he
- 38:16had 12 witnesses to testify he attended
- 38:19the party his defense only called for
- 38:21mostly his family
- 38:23typically family members don't make good
- 38:25alibi witnesses because juries believe
- 38:27that they could be biased just saying
- 38:28what's good for their family member
- 38:30why would you out of 12 witnesses why
- 38:32would you call most of them being family
- 38:34like yeah it seems like but also 12:12
- 38:39not one that's not that's a bunch of
- 38:42people that are saying the same thing I
- 38:43know it's one thing to be family but
- 38:46that's a lot of people never call
- 38:48they only call a third of those people
- 38:50raise so that's that's crazy they cut
- 38:52out of the third they could have picked
- 38:53the other two-thirds who are not family
- 38:55right it created a stronger case yeah I
- 38:58think they mainly convicted me when the
- 39:00victim stood up in the courtroom and
- 39:01pointed at me as the perpetrator he was
- 39:04crying and everything in the process
- 39:05being said that's like that seals the
- 39:08case that's a nail in the coffin right
- 39:09there he went he gets up he's crying
- 39:12he's overwhelmed I mean you sympathizes
- 39:14them and he points at you
- 39:15misidentification from an eyewitness
- 39:17accounts for 75% of all convictions
- 39:20later overturned by DNA evidence
- 39:22according to the Innocence Project yeah
- 39:24and we mentioned it on the beginning of
- 39:27the show but it's just like this is
- 39:28where it really comes into play I mean
- 39:31there's a lot of them that have DNA
- 39:32evidence where the technology just
- 39:34hadn't caught up and wasn't good enough
- 39:35but there's so many where people are
- 39:38just flat out saying this person did it
- 39:40and that's what gets them convicted even
- 39:43though it's just not true
- 39:44and in a state of shock like that like
- 39:46you don't know like yeah I can't
- 39:49remember so many things that were
- 39:50important that happened in my day how am
- 39:52I gonna remember exactly what this
- 39:54random person looked like that happen to
- 39:56be walking behind this random apartment
- 39:58building yeah like you just don't
- 39:59remember those things accurately I know
- 40:01and I'm trying like and you're trying to
- 40:03block this whole thing out to if you're
- 40:04being raped like you were having an
- 40:07out-of-body like you're not you're
- 40:09trying to disassociate you so but also
- 40:11the witnesses not just oh yeah so what I
- 40:13mean yet it's just like you it's just
- 40:16too much randomness to really remember
- 40:18it's not important enough you know to me
- 40:20like I don't know I understand them for
- 40:23getting it more than someone that's a
- 40:25victim you know yeah they only got him
- 40:27on witness testimony right yeah in spite
- 40:31of this conflicting serological evidence
- 40:33and Bane's alibi Bane was convicted of
- 40:36rape kidnapping and burglary and
- 40:38sentenced to life in prison
- 40:39I want to be a serological list study
- 40:43bodily fluid they're a logician there we
- 40:46go yeah just studying semen all day the
- 40:49prosecution's case I think you already
- 40:51do that the taste test
- 40:57the prosecution's case rested largely on
- 41:00the victims identification of being and
- 41:02photoline up one of the many things that
- 41:04bothers me about this case is that he
- 41:06got life in prison but I feel like you
- 41:09constantly hear about white people
- 41:11getting three years or nine years for a
- 41:14crime very similar to this just one
- 41:15victim me myself I'm not minimizing that
- 41:18I know that that's horrific one victim
- 41:20but it seems like the legal system
- 41:22doesn't take that as seriously and when
- 41:25there's just one person that has been
- 41:28the victim of a white person they get no
- 41:31time less than 10 years every time but
- 41:34that a black person comes along and does
- 41:35it and they're like light prison
- 41:38Oh makes me so mad it's just infuriating
- 41:41so over the course of his sentence being
- 41:44spent time in six different prisons his
- 41:47family visited almost every weekend even
- 41:49when he transferred to Hendrie
- 41:50Correctional Institution almost a
- 41:52four-hour drive for them it's just so
- 41:55sad
- 41:55yeah being earned about 40 dollars a
- 41:57week working as a prisoner welder and
- 41:58doing laundry aside from his jobs being
- 42:01also went to school for 27 of his 35
- 42:04years behind bars he often played chess
- 42:06to take his mind off his situation you
- 42:09just had to try to fit into this
- 42:10horrible society if not you'll go crazy
- 42:12in there do something crazy sudden bang
- 42:15grew close with many other prisoners but
- 42:17often waited years to tell them that he
- 42:18was innocent that's just crazy to me I
- 42:21feel like if I was imprisoned for
- 42:24something that I didn't do I always just
- 42:26be screaming it all day every day
- 42:28everyone says it right oh my I think is
- 42:30completely bragging about it or they're
- 42:32just you're innocent but I guess that
- 42:35maybe that's another telltale sign of
- 42:36someone that's innocent it's just being
- 42:38quiet about it because there's so many
- 42:40people in jail are just like I do yeah
- 42:42yeah and you can't believe anyone hmm I
- 42:45had to know someone before I told them
- 42:46anything could go wrong if they don't
- 42:48believe you they could get mad y'all
- 42:50have a fight and someone winds up dead
- 42:52he said being admitted that he had
- 42:54multiple fights while in prison just to
- 42:56survive you can get killed for a look or
- 42:59just bumping into someone it's a miracle
- 43:01I survived he said from his first day
- 43:03behind bars being tried to fight his
- 43:05conviction he requested his prison
- 43:07transcripts multiple times a right
- 43:09granted by the Supreme Court but he
- 43:11neither received them nor heard back
- 43:13from the court still
- 43:14he had chain gang lawyers or like
- 43:16prisoners that have like legal knowledge
- 43:18yeah he had them write requests to the
- 43:21court for DNA testing the court denied
- 43:23him all five times they're just standing
- 43:26in the way of everything yes they don't
- 43:28want him to have justice fairness is in
- 43:32the way of justice like it's so so
- 43:35infuriating and devastating he said my
- 43:38first 10 13 20 years in there I thought
- 43:40I would never get up out of there I
- 43:41thought that even more when I got into
- 43:43the 30s in 2001 Florida passed a statute
- 43:46allowing cases to be reopened for DNA
- 43:49testing being submitted handwritten
- 43:51motions for time seeking such testing
- 43:53but was denied each time so it's like
- 43:56nine times God his fifth attempt was
- 43:59successful after an appeals court ruled
- 44:01he was entitled to a hearing so it's ten
- 44:02times he's right to appeal when arguing
- 44:05for DNA testing one problem stood in the
- 44:07way Bane didn't have his court
- 44:09transcripts even after he asked for it
- 44:11like plenty of time yeah so this is the
- 44:14worst
- 44:15after years of requesting them being
- 44:17finally learned only through the help of
- 44:19the innocent project that the court had
- 44:21lost them and just like destroying did
- 44:24evidence and yeah carelessness by the
- 44:27justice system carelessness or downright
- 44:30corruption like it's one thing to just
- 44:32be like oh I forgot to do that it's
- 44:33another thing to be like I'm gonna get
- 44:35rid of this because you don't deserve to
- 44:37have fair trial and these are
- 44:39transcripts they're papers that should
- 44:41be smiled it's not like in real evidence
- 44:44and a bin where I can see how they might
- 44:45have lost it like not knowing where it
- 44:48is yeah but a big bin and like you know
- 44:50it's just it's someone's job to protect
- 44:52this like it's someone's job to keep
- 44:55track of these things and come up with a
- 44:56filing system and all that like I just
- 44:58think of how people are inept in
- 45:00inadequate and just don't give a [ __ ]
- 45:02enough you know get lazy getting high on
- 45:05the job protecting evidence alright so
- 45:08getting high on the evidence maybe
- 45:10that's why it's not there because I
- 45:12found this coke and this weed and so now
- 45:15your papers are gone yeah and I just
- 45:17started you know I didn't have any
- 45:19papers so I just used your papers to
- 45:21roll up my weed oh your transcripts
- 45:25love those those were of zigzags I don't
- 45:27know [ __ ] what the aid of the Innocence
- 45:30Project of Florida Bane was finally
- 45:32granted access to post-conviction DNA
- 45:34testing the state sent the DNA found on
- 45:37the victims underwear to the DNA
- 45:38Diagnostic Center this testing excluded
- 45:41Bane as the source of the DNA yup the
- 45:44Polk County State Attorney Jerry Hill
- 45:46then joined the defense and a motion to
- 45:48declare Bane innocent on December 17th
- 45:512009 a judge signed the order releasing
- 45:53Bane from prison after 35 years at the
- 45:56age of 54 that's just terrible and what
- 45:59he said earlier just like oh the first
- 46:0010 20 I'm just like oh my god that's
- 46:04Donnie here oh dang myself honestly I
- 46:06can't do that I don't have that kind of
- 46:08like pause I'm positive but I'm not that
- 46:11positive dude no way
- 46:13there's nowhere that it's just amazing
- 46:16he's a [ __ ] miracle yeah and in that
- 46:18environment do you like I couldn't I
- 46:20couldn't get in through my regular life
- 46:22I couldn't be on house arrest the judge
- 46:31said you're a free man congratulations
- 46:33and the courtroom erupted into applause
- 46:36Bane said I'm not angry how can I be
- 46:39can't go back after the hearing in
- 46:41Bartow Florida as soon as Bane was
- 46:43released he used a cell phone for the
- 46:45first time to call his mother
- 46:48so Bane was devoutly religious while
- 46:51incarcerated and stayed that he actually
- 46:53feels blessed for this experience
- 46:54comparing himself to Joseph a biblical
- 46:57character wrongfully imprisoned before
- 46:58merging with a greater power to create
- 47:00change which I didn't know that about
- 47:02Joseph I don't remember that from my
- 47:03children's name I really don't like the
- 47:07person but not of that aspect yeah so
- 47:10Bane received 1.7 million from the state
- 47:12of Florida for his wrongful conviction
- 47:14so it's about 50 grand every year he
- 47:16spent in prison his mother also put her
- 47:18house and her car and her son's name
- 47:20stating I want him to have something by
- 47:22himself he suffered enough so
- 47:25devastating Bane is a leading advocate
- 47:28for the innocence movement sharing his
- 47:30wrongful conviction experience from
- 47:31middle schools to colleges across the
- 47:33country during an event at Florida
- 47:35Southern College a student asked him
- 47:37what he thought about all the technology
- 47:38jaysene since Lily's Bane said that cars
- 47:41and telephones were the most surprising
- 47:43to him
- 47:44even though there had been cars before
- 47:46he was incarcerated he he explained that
- 47:48there were none that talk back to me so
- 47:52cute no his humility and kindness even
- 47:55extended to the rape victim whose
- 47:56misidentification helped put Bane behind
- 47:59bars when the two met after his release
- 48:01being apologized for what happened to
- 48:04him boo that's just as well yeah way to
- 48:07go man this guy's an upstanding like
- 48:09just amaze inspirational for sure I was
- 48:12very very sorry that I had to occur to
- 48:14him at such a young age being said I
- 48:16know what his family and uncle had to go
- 48:18through to try and prove me guilty at
- 48:20the time Bane is married has a son and
- 48:22is now in the process of writing a book
- 48:24and I was like I'm gonna die yeah
- 48:26amazing he was in college for use in
- 48:29school for 27 years oh wow I really want
- 48:32to hear I mean I'm sure his book will be
- 48:34really phenomenal that's crazy
- 48:36but let's hope it's on audible because I
- 48:39don't read the next one is interesting
- 48:46and we chose to put it in because
- 48:48there's a few twists and turns and
- 48:50flip-flopping back and forth and it's
- 48:52kind of more of a roller coaster story
- 48:54on August 15th 1982 two teenagers
- 48:58Marilyn green and her fiance
- 49:00Jerry Hillard were shot and killed near
- 49:03swimming pool in Washington Park on the
- 49:06south side of Chicago Porter then a 27
- 49:09year old gang member was identified by
- 49:11several witnesses including William
- 49:14Taylor who had been swimming in the pool
- 49:16at the time of the shooting initially
- 49:19the witness Taylor said he had not seen
- 49:21the crime itself only that he had seen
- 49:23Porter run past shortly after the shots
- 49:26were fired
- 49:27eventually he admitted to have seen
- 49:29Porter actually firing the shots
- 49:31ultimately at least six witnesses
- 49:34identified Porter in the shooting
- 49:36including one who had said he had been
- 49:39robbed by Porter at gunpoint a short
- 49:41time earlier in the same park so this
- 49:44one's kind of tough for me too because
- 49:45he is like a game member so he probably
- 49:47does have like violence in his past or
- 49:50whatever but it got his
- 49:51you instantly think he's guilty of
- 49:53course there's six people point out a
- 49:55known gang member yeah
- 49:57you're obviously I can see why they jump
- 50:00to conclusions yeah I can see how that
- 50:02stacks up against him yeah it makes
- 50:03sense if you saw someone running and
- 50:05then then all of a sudden you see
- 50:06someone shooting that's like completely
- 50:08different right but yeah that sucks to
- 50:11be a gang member dude because if you
- 50:13really don't do it yeah you need to not
- 50:15even steal a lollipop because you did
- 50:17everything wrong you're a psycho police
- 50:22were given leads pointing towards other
- 50:24suspects though including information
- 50:26from greens mother suggesting that a man
- 50:29named Elstree Simon had killed the pair
- 50:32for drug-related reasons but they chose
- 50:34to pursue only Porter upon hearing that
- 50:38he was under suspicion Porter went to
- 50:40the police in the hope of clearing his
- 50:42name so he came forward first like they
- 50:44didn't even have to seek him out which
- 50:46it's just again speaks to his innocence
- 50:49because he felt so confident and assured
- 50:51that he would be found innocent just
- 50:53gonna clear things up later oh my
- 50:56goodness and that's crazy for a gang
- 50:58member to go in there to the cop station
- 51:00right oh I'm gonna I know I didn't do
- 51:02this I'm just gonna let you guys know
- 51:03the truth he was immediately arrested
- 51:06and charged with two murders one count
- 51:09of armed robbery one count of unlawful
- 51:11restraint and two counts of unlawful use
- 51:15of weapons during the short trial
- 51:17Porter's lawyer reportedly fell asleep
- 51:21and never met with Porter himself until
- 51:24just before the start of the proceedings
- 51:26oh my god Judge Roberts Ladell ski
- 51:30sentence Porter to death calling him a
- 51:33perverse shark an appeal to the Illinois
- 51:36Supreme Court was denied in February
- 51:381986 and an appeal to the United States
- 51:41Supreme Court was denied again in 1987
- 51:46Porter continued to file Appeals in the
- 51:49years that followed which delayed the
- 51:51execution in 1995 during the appeals
- 51:55process Porter was tested to have an IQ
- 51:57of only 51 meaning that he may have been
- 52:01moderately [ __ ] in light of the new
- 52:04information another
- 52:05appeal was filed on the grounds that
- 52:07Porter was incapable of understanding
- 52:08his punishment if I I'm gonna fail that
- 52:12test the IQ you're taking a test I'm
- 52:14just gonna not good a test if I'm in
- 52:18jail and I need to get out of inning the
- 52:22death penalty then I'm gonna fail that
- 52:24test like I've never failed at it I'm
- 52:27gonna actively try to be [ __ ] oh my
- 52:30goodness why wouldn't you yeah I know I
- 52:33can understand but a lot of people try
- 52:34and use that as a defense and I feel
- 52:36like the system is pretty skeptical like
- 52:39you're not [ __ ] okay yeah so I feel
- 52:41like it I don't know I feel like it had
- 52:43to been pretty accurate because they
- 52:45have tried so hard to keep it so
- 52:47accurate because so many people have
- 52:48done that same thing yeah same thing
- 52:51with insanity pleas mm-hmm absolutely
- 52:53in 1998 Northwestern University
- 52:56professor David protests investigated
- 52:59the crime as part of a class assignment
- 53:00for the Innocence Project the students
- 53:04assigned to the porter case gathered
- 53:05evidence exposing major holes in the
- 53:08prosecution's case student Tom McCann
- 53:11and private investigator Paul J colino
- 53:14spoke to the witness William Taylor who
- 53:16in December 1998 recanted his original
- 53:19statements saying that Chicago Police
- 53:22had threatened harassed and intimidated
- 53:24him into accusing Porter another student
- 53:28noted that the shot had been fired by a
- 53:30left-handed shooter Porter was
- 53:32right-handed I want to I know that I
- 53:35don't know yeah I mean it must have been
- 53:37one of the eyewitness accounts or
- 53:38something yeah the Cook County State
- 53:42Attorney's Office launched a new
- 53:43investigation into the Porter case two
- 53:46days later and only 50 hours before
- 53:49Porter was scheduled to be killed by
- 53:51lethal injection
- 53:52he received a stay of execution from the
- 53:55state Supreme Court citing research that
- 53:58showed that his intelligence level was
- 53:59too low for him to understand what was
- 54:01going on his conviction was overturned
- 54:03in 1999 following the discovery of new
- 54:07information by the same Northwestern
- 54:09University students working for the
- 54:11Innocence Project
- 54:12Anthony Porter was freed from prison two
- 54:15days later after 17 years
- 54:18the charges against him were dropped the
- 54:20following month why would it take a
- 54:22month [ __ ] whatever yeah
- 54:26On January 29th 1999 Inez Jackson came
- 54:31forward saying she witnessed her
- 54:32then-husband Elstree Simon we talked
- 54:35about previously commit the crime in
- 54:38retaliation for the victim Jerry Hillard
- 54:41skimming money on drug deals she also
- 54:44said that she had never met or seen
- 54:46Porter before
- 54:47Inez Jackson's nephew whose apartment
- 54:50Simon allegedly fled to after the
- 54:53shooting came forward to corroborate her
- 54:55story four days later on February 3rd
- 54:59Simon himself appeared to confess to the
- 55:02crimes on videotape al-suri Simon was
- 55:06formally charged in September 1999 and
- 55:09pleaded guilty to two counts of
- 55:10second-degree murder he was found guilty
- 55:13and sentenced to thirty seven and a half
- 55:15years in prison she's a really low time
- 55:18for two counts of second-degree murder
- 55:19yeah that's not enough so in 2005 Inez
- 55:25Jackson and her nephew Walter Jackson
- 55:27who were the witnesses against al-suri
- 55:30Simon recanted their statements the
- 55:33explanation that they gave was that the
- 55:35Northwestern University Innocence
- 55:37Project director David Protess
- 55:39had promised them money and also
- 55:42promised to help them free their family
- 55:45members from prison in exchange for
- 55:47lying and saying that they had seen a
- 55:50Sri Simon so his motivation was
- 55:53basically that he wanted to get the
- 55:56convictions overturned and get these
- 55:58people exonerated so it looked better
- 55:59for the Innocence Project and it looked
- 56:01better for the Northwestern University
- 56:03Innocence Project ulcery Simon also
- 56:06recanted his confession he said that he
- 56:09was pressured into making a false
- 56:11statement by the Innocence Project as
- 56:13well he said he was shown a videotape of
- 56:17an actor pretending to be a witness who
- 56:19implicated him in the crime and he had
- 56:22also been promised by the Innocence
- 56:24Project that he would get a short prison
- 56:26sentence and a movie deal if he
- 56:28confessed it's just not enough
- 56:32for me to confess to a crime a movie and
- 56:35a short sentence you're still going to
- 56:37prison you're still a [ __ ] murderer
- 56:39wouldn't trust anyone no way
- 56:42so David protests from the Northwestern
- 56:45University Innocence Project and Paul
- 56:47quily no have vigorously denied any
- 56:50wrongdoing they protest that a number of
- 56:53Simons claims are false and stand by
- 56:55Simon's guilt in 2011 David protests was
- 56:59placed on leave from Northwestern
- 57:01University after school officials found
- 57:03that he had deliberately falsified
- 57:05evidence related to a subpoena for
- 57:08another wrongful conviction case so he
- 57:11was clearly had a pattern of this so
- 57:13much so that Northwestern University let
- 57:15him go it's apparent that the
- 57:18Northwestern University Innocence
- 57:20Project was more concerned with
- 57:21undermining
- 57:22Illinois's adoption of the death penalty
- 57:24than with identifying the truth of the
- 57:27murders so they kind of prioritized
- 57:29lying about these cases so they could
- 57:32get their case rates up and so they
- 57:34could fight the death penalty and that
- 57:35was ultimately their caused they wanna
- 57:37make another about yeah they would just
- 57:39do anything for it yeah whether it be
- 57:41money or promises lying and all that it
- 57:44was so corrupt it's disappointed I know
- 57:47I guess this is probably a bad way to
- 57:49end the episode that they can be they're
- 57:52not all innocent I mean there are all
- 57:54great people they do the same [ __ ] that
- 57:56cops do you know pay for testimony they
- 57:59go where see with shorter sentences you
- 58:01know I mean yeah I just think that this
- 58:03is a situation of the bad apple spoiling
- 58:06it for the Munch I don't think that most
- 58:08people in the Innocence Project are
- 58:10doing this I think that it's the case of
- 58:12just one person doing it and maybe a
- 58:14couple corrupt people but I don't think
- 58:17that's by enlarge the way that people do
- 58:19it most cops aren't all bad - we just
- 58:22liked it that we just find a lot of
- 58:24cases where they [ __ ] up yeah yeah I I
- 58:27definitely think that that's worth
- 58:29mentioning yeah there's a small
- 58:31percentage of people there doing bad
- 58:33things
- 58:34yeah and they think they're doing it for
- 58:35the right reason I think yeah where
- 58:37they're just like oh I want to get the
- 58:38death penalty overturned or the cops
- 58:40want to put people in jail that they
- 58:42think are not innocent yeah but it's
- 58:46the people like cops medical
- 58:48professionals all the ones that have to
- 58:50be really really careful with their jobs
- 58:53are the ones with 12-hour shifts yeah
- 58:55you know what I mean where you're a
- 58:57certain amount of hours your brain just
- 58:59can't function right so it's like what
- 59:01that's your last call tonight yeah I
- 59:03don't want to go home do you not want to
- 59:06go sit in my bed and Netflix yeah I get
- 59:10it but I don't like that we should shut
- 59:12we should cut down hours you know maybe
- 59:14they would function a little bit better
- 59:15yeah I just think that there's no excuse
- 59:18for that kind of be no question if
- 59:20you're gonna be a cop you need to like
- 59:21take your job seriously yeah absolutely
- 59:23so ultimately the Cook County
- 59:26prosecutors finally threw out Simon's
- 59:28conviction in October 2014
- 59:31leaving unanswered questions of who
- 59:34committed the murders so they hopefully
- 59:36they're still unsolved
- 59:37so they both got exonerated exactly Wow
- 59:40yeah that's pretty crazy one on that
- 59:44note thank you for checking out another
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