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The Jeffrey Deskovic Interview: the Failure of our Justice System without Apology... — Transcript

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  1. 0:02welcome everyone to the after the gate
  2. 0:05podcast your number one source for
  3. 0:08authentic stories interviews and
  4. 0:11educational content surrounding the
  5. 0:13justice system incarceration and more
  6. 0:17come along with us now as we give you a
  7. 0:20glimpse before and after the gate
  8. 0:25[Music]
  9. 0:34yo yo yo what's up everybody and welcome
  10. 0:36to the after the gate podcast your
  11. 0:38One-Stop shop for all of our needs with
  12. 0:41prison uh experiences and just tapping
  13. 0:44into that world the Unseen World of um
  14. 0:47incarceration the justice system and
  15. 0:49more and tonight we have an amazing
  16. 0:51amazing story a guest um Jeffrey
  17. 0:54deskovic and we're going to be talking
  18. 0:56to him a little bit about his story
  19. 0:57sharing his experience and what he's
  20. 0:59been through
  21. 1:00um but to jump things off I'll let you
  22. 1:02take over Jeffrey can you uh tell us
  23. 1:04your name age and location
  24. 1:05my name is Jeffrey deskovic and I am
  25. 1:09presently 48 years old and I am located
  26. 1:13in the Bronx in New York
  27. 1:15very nice very nice so Jeffrey what was
  28. 1:18what was childhood growing up for you
  29. 1:20like
  30. 1:21um did you grow up in the Bronx and and
  31. 1:23what was adolescent like up until the
  32. 1:26point before you would become
  33. 1:27incarcerated
  34. 1:29I grew up actually in peakskill which is
  35. 1:31in Westchester County so that's actually
  36. 1:3450 minutes north of the Bronx growing up
  37. 1:38um I had I was I think I was kind of
  38. 1:40like an All-American kid I mean I I was
  39. 1:44very active I mean there were a lot of
  40. 1:45kids in the in the department complex
  41. 1:48that I grew up in at Big skill I was one
  42. 1:50of the main two kids and uh usually
  43. 1:53whatever I would suggest would generally
  44. 1:55be what we would do if we're gonna play
  45. 1:57Monopoly play kickball play stickball
  46. 1:59play basketball ride bikes you know play
  47. 2:02video games
  48. 2:04um but that was kind of my life after
  49. 2:05school my life in school was uh
  50. 2:08different I had actually skipped a grade
  51. 2:10I skipped first grade and so the kids
  52. 2:12that I was on in high school with they
  53. 2:15were all a little bit older than me so
  54. 2:18in high school I was it was not the same
  55. 2:20group of kids and I was kind of quiet
  56. 2:23until myself and I didn't play a lot of
  57. 2:25organized Sports and I was kind of like
  58. 2:27on the fringes of the society and I
  59. 2:30didn't quite fit in and that'll later
  60. 2:32take on a prominent role in um what
  61. 2:34everything wound up happening to me
  62. 2:36yeah yeah so for everybody
  63. 2:39um everybody listening right now uh
  64. 2:42Jeffrey has a national story that's
  65. 2:45captured very very many people and and
  66. 2:48showcases the Injustice in the justice
  67. 2:51system incarceration and just how
  68. 2:54the world is handled today with court
  69. 2:57systems can you tell us a little bit
  70. 2:59Jeffrey of what what was the the leading
  71. 3:02up days
  72. 3:03um to the point where this is the
  73. 3:05trouble I'm in and this is the um the
  74. 3:07trouble they're saying I'm in and the
  75. 3:09incarceration that's going to lead to
  76. 3:10what was like those that week that led
  77. 3:13up to it
  78. 3:14so November 15th was the day that a high
  79. 3:18school classmate named Angela Correa
  80. 3:20disappeared and
  81. 3:23uh she went she um was she one of her
  82. 3:25classes was a photography class the
  83. 3:27professor assigned uh all the students
  84. 3:30to shoot some pictures of foliage he
  85. 3:32instituted a buddy system whereby he
  86. 3:35beared the female students up with the
  87. 3:37male student
  88. 3:38and
  89. 3:40uh so Angela went to her walked home
  90. 3:44with her sister her sister went to the
  91. 3:46restroom and when she came out Angela
  92. 3:48had left she decided to go to the park
  93. 3:50to take these photos uh without a sister
  94. 3:53this was the first time that she ever
  95. 3:55really went anywhere as I understood and
  96. 3:58as I understand it without her sister or
  97. 4:00her parents and the male student That
  98. 4:03was supposed to accompany her to take
  99. 4:06the pictures played hooky on the
  100. 4:08assignment so she was essentially in the
  101. 4:10park by by herself
  102. 4:13oh she went missing she didn't she you
  103. 4:15know she her body um there was news
  104. 4:18coverage you know there was like an
  105. 4:20announcement on the PA system asking
  106. 4:22anybody any kids if they knew what she
  107. 4:24was or articles in the newspaper and
  108. 4:28um you know ultimately her body was
  109. 4:30found a couple of days later naked from
  110. 4:33the waist down
  111. 4:34and you know there hadn't really been a
  112. 4:37murder in Peak Skill uh for quite a long
  113. 4:40time so this created an atmosphere a
  114. 4:43fear rumor paranoia parents were
  115. 4:45concerned with their own safety safety
  116. 4:47of their children
  117. 4:48and there were Town Hall meetings that
  118. 4:51would be parents were picking their kids
  119. 4:53driving their kids to school picking
  120. 4:54them back up bringing them straight home
  121. 4:56they were Town Hall meetings held safety
  122. 4:59tips progress on Investigation
  123. 5:01uh that kind of thing
  124. 5:04so in the course of the police
  125. 5:06investigation they interviewed a lot of
  126. 5:08students from the school
  127. 5:09and some of them told the police they
  128. 5:11might want to speak to me because I was
  129. 5:13quiet I didn't quite fit in as I covered
  130. 5:16before
  131. 5:17I guess their thought was that people
  132. 5:19that are loners that don't quite fit in
  133. 5:21commit in this crimes I guess that's the
  134. 5:23underlying theory of that
  135. 5:26um so that put me on their radar
  136. 5:28and then from there
  137. 5:30uh
  138. 5:32I was I was a sensitive teenager this
  139. 5:35was my first real brush with death and
  140. 5:37it did have emotional impact on me I
  141. 5:40went through the Wake multiple times I
  142. 5:42went to the burial went to church
  143. 5:44service then again I wasn't all that
  144. 5:46different from anyone else in the small
  145. 5:48city of Peekskill in Westchester County
  146. 5:50New York which population was
  147. 5:52approximately 25 000 people this really
  148. 5:54shook up the whole city to the point
  149. 5:56that there were free mental health
  150. 5:57services offered to anyone who wanted it
  151. 6:00and many people attended multiple week
  152. 6:02sessions and many people were emotional
  153. 6:04so in that aspect of it I wasn't really
  154. 6:07all that different
  155. 6:08nonetheless the police thought that my
  156. 6:11emotional reaction being
  157. 6:12disproportionate to what my actual
  158. 6:14relationship with the victim was they
  159. 6:16thought that that was suspicious
  160. 6:19yeah so yeah so uh because when I break
  161. 6:23in and ask something there or so I um so
  162. 6:26with your relationship with uh so I I
  163. 6:29was just reading a couple of things
  164. 6:31Jeffrey they had said
  165. 6:33um I'm not sure if this is true you
  166. 6:34could elaborate was she your childhood
  167. 6:36sweetheart just growing up no she was
  168. 6:39not she was she was in two of my classes
  169. 6:42as a freshman one is a sophomore I knew
  170. 6:44her name she knew mine that was really
  171. 6:47the extent of it I mean we were not even
  172. 6:48really on a high buy basis yep but the
  173. 6:52pay scale police not being all that
  174. 6:55uh used to investigating homicides they
  175. 6:58got a psychological profile from the
  176. 7:01NYPD which purported to have the
  177. 7:04psychological characteristics of the
  178. 7:06actual perpetrator and I had them as
  179. 7:09Fortune of matching that so you might
  180. 7:12you might think of that as a type of
  181. 7:13reinforcing Factor so all those three
  182. 7:16things okay the kids they wrote the
  183. 7:20sentimentality and the profile that all
  184. 7:24answers the question about how did I
  185. 7:26come to be on the police radar in the
  186. 7:28first place
  187. 7:30so from there the police the police I
  188. 7:33had six weeks of interaction with the
  189. 7:35Peak Skill police
  190. 7:37uh half the time they would talk to me
  191. 7:39like I was a suspect
  192. 7:41and when they were pushed too hard not
  193. 7:43get afraid and I'd want to get away from
  194. 7:45them
  195. 7:46they would switch things up and they
  196. 7:49developed this Jeff this Jeff as a
  197. 7:52junior detective helper theme
  198. 7:55so look the kids want to talk freely
  199. 7:57around us they're well around you let us
  200. 7:59know if you hear anything
  201. 8:01stop in from time to time
  202. 8:03it asks opinion questions and
  203. 8:05congratulate me that my opinion was
  204. 8:07correct
  205. 8:08and that intersected with what the
  206. 8:10career was that I wanted to have before
  207. 8:12I was a teenager I fantasized about
  208. 8:14being law enforcement when I grew up so
  209. 8:16Jefferson's Junior detective helper
  210. 8:18theme appealed to me in that that aspect
  211. 8:22of it and then the fact that came from a
  212. 8:25single parent household did also uh that
  213. 8:27intersected with the good cup bad cop in
  214. 8:30which you know what officer pretended to
  215. 8:32be my friend and I began to look at him
  216. 8:34as a father figure
  217. 8:36So eventually they got me to agree to
  218. 8:39take a lie detector test they said look
  219. 8:41we got some no information in the police
  220. 8:43file we want to share that with you
  221. 8:45that's going to allow you to be more
  222. 8:47helpful to us first though we want you
  223. 8:50to take and pass a polygraph
  224. 8:53so the next day rather than report to
  225. 8:55the school I went to the police station
  226. 8:57for the test I expected it would be at
  227. 8:59the police station because that's where
  228. 9:02I had heard through the rumor mill that
  229. 9:03other people have been polygraphed
  230. 9:05because it was a school day my mother
  231. 9:07and grandmother thought I was in school
  232. 9:09they had no idea I was in police custody
  233. 9:11so they didn't call around looking for
  234. 9:14me or trying to help me as far as they
  235. 9:15knew everything was okay
  236. 9:17okay
  237. 9:18and from the police actually drove me 40
  238. 9:22minutes away by car across county lines
  239. 9:25from Westchester to Putnam County
  240. 9:29specifically the town of Brewster which
  241. 9:32meant that I couldn't leave on my own
  242. 9:33anymore I was dependent on the police
  243. 9:36I didn't have an attorney president
  244. 9:38didn't give me anything to eat the whole
  245. 9:40time I was there
  246. 9:42a polygraph there was three cops that
  247. 9:45came with me from Peekskill but it was
  248. 9:47the polygraphics also it was a Putnam
  249. 9:50County Sheriff's investigator
  250. 9:53he was pretending he was dressed like a
  251. 9:55civilian he never identified himself as
  252. 9:57a cop
  253. 9:58so he never Read Me My Rights he gave me
  254. 10:01a four-page brochure which explained how
  255. 10:03the polygraph worked but it had a lot of
  256. 10:06big words in it that I didn't understand
  257. 10:07but then I figured well I'm here to help
  258. 10:10the police so what does it matter
  259. 10:13let's just get on with it from there he
  260. 10:16put me in a small room he gave me
  261. 10:19countless cups of coffee I think to get
  262. 10:21me nervous and then he launched in it
  263. 10:25with then he wired me up to the machine
  264. 10:26and he launched into his third degree
  265. 10:28tactics
  266. 10:29so he raised his voice at me he invaded
  267. 10:33my personal space he kept asking me the
  268. 10:36same questions over and over again
  269. 10:39and he kept that up for six and a half
  270. 10:41to seven hours
  271. 10:42towards the end yeah and my fear my fear
  272. 10:46kept increasing in proportion to the
  273. 10:48time
  274. 10:49and uh eventually he uh he said what do
  275. 10:54you mean you didn't do it you just told
  276. 10:55me through the test that you did commit
  277. 10:58to Crime we just want you to verbally
  278. 11:00confirm it and that really shot my fear
  279. 11:03through the roof and then the cop that
  280. 11:05had been pretending to be my friend he
  281. 11:08came in the room and told me that the
  282. 11:10other officers were going to harm me he
  283. 11:12was holding them off he couldn't do so
  284. 11:14any longer you have to help yourself
  285. 11:17look just tell them what they want to
  286. 11:19hear you go home after this you're not
  287. 11:22going to be arrested
  288. 11:24so being young naive frightened 16 years
  289. 11:28old I wasn't thinking about the long
  290. 11:30term
  291. 11:31I was only thinking about my safety in
  292. 11:34the moment I wasn't fear of my life the
  293. 11:36fact that I didn't know where I was and
  294. 11:38no one else did either a little quite
  295. 11:40large
  296. 11:41I was overwhelmed emotionally and
  297. 11:43psychologically
  298. 11:45then there was a possibility of harm
  299. 11:47there was this false life preserver that
  300. 11:50he threw me and so I decided to make up
  301. 11:54a story based on the information that
  302. 11:57they had given me that day and the six
  303. 11:59weeks run up to everything
  304. 12:01by the time interrogation finished
  305. 12:05I had collapsed on the floor in a fetal
  306. 12:07position I was crying uncontrollably
  307. 12:10obviously I was arrested the
  308. 12:13interrogation was not videotaped it was
  309. 12:16not audio taped there was no sign
  310. 12:17confession it was just the cops word for
  311. 12:20it
  312. 12:21and later on when I went to trial
  313. 12:24they left the threatened false promise
  314. 12:27out of their story
  315. 12:29so that was how I was arrested
  316. 12:32Jesus for everybody listening and just
  317. 12:36hearing that Jeffrey that that it like
  318. 12:38hurts my soul to think that being that
  319. 12:41young of a kid taken away from all of
  320. 12:44comfortability and brought into like you
  321. 12:46said to a world and being threatened by
  322. 12:47by individuals that you think are
  323. 12:49supposed to protect you and help you and
  324. 12:51and they're treating you like that that
  325. 12:53that hurts my soul that you've been
  326. 12:55through that man
  327. 12:57um so Jeffrey from that point after the
  328. 13:00polygraph you were arrested like this
  329. 13:03was not on had you spoken to your mother
  330. 13:06you said that you're a single single
  331. 13:08parent home had you spoken to your
  332. 13:10parent at all leading up to those days
  333. 13:13and was there ever that conversation
  334. 13:14like like why do they keep asking me why
  335. 13:17are they so close to me why are they was
  336. 13:20that ever a conversation with you and
  337. 13:21your parents or it was just like we
  338. 13:23don't think this could happen like some
  339. 13:25it's not me it's you know it was that
  340. 13:28something that ever came up between you
  341. 13:29guys
  342. 13:32um I guess the short answer is no uh to
  343. 13:36put a little color to it I had one
  344. 13:38conversation with my mother after the
  345. 13:40first police encounter
  346. 13:42um she didn't want me to speak to the
  347. 13:44police any further
  348. 13:46she never really articulated to me a
  349. 13:48clear reason why
  350. 13:50yeah I was 16 years old and I was at
  351. 13:53that stage of life for Lonnie a lot of
  352. 13:55kids including me but not limited to me
  353. 13:57you know was struggling for Independence
  354. 13:59now you know and that led to some
  355. 14:01conflict so my relationship with my
  356. 14:03mother was not in the best possible
  357. 14:05position and at that age I mean most of
  358. 14:08us think that we know better than our
  359. 14:10parents and I was no different so I
  360. 14:13didn't understand what could possibly
  361. 14:14happen you know innocent I'm innocent I
  362. 14:18don't know anything about the crime but
  363. 14:20then they're also telling me that they
  364. 14:22want my they need my help so I I kept
  365. 14:27the rest of my interactions with the
  366. 14:30police from my mother she didn't know
  367. 14:32that I was having the interactions that
  368. 14:34she only knew about the one
  369. 14:36yeah yeah for the police to be doing all
  370. 14:39of that that's illegal correct they
  371. 14:41can't have any contact no no it's not
  372. 14:43it's not correct at 16 years old it is
  373. 14:46legal
  374. 14:47you're considered you're considered to
  375. 14:49be an adult for purposes of being able
  376. 14:52to waive your rights and speak to the
  377. 14:53police without without a parent or an
  378. 14:56attorney being present yeah what was
  379. 14:58illegal about what they did was the
  380. 15:00threat and false promise that was
  381. 15:02illegal but everything else they did was
  382. 15:04lead
  383. 15:05okay okay Jeffrey so from that point of
  384. 15:09like okay I'm getting arrested what was
  385. 15:13the process
  386. 15:14um and you you can give it you know
  387. 15:15however short you like but what was that
  388. 15:17process from like did you go immediately
  389. 15:19to adult County Jail
  390. 15:22um and then trial played out for however
  391. 15:24long and then is that how it played out
  392. 15:27you went right to the county jail I went
  393. 15:29right to the county jail I ended up
  394. 15:31getting bailed out after 35 days my
  395. 15:34mother had a businessman as a boyfriend
  396. 15:36and you know he had some property and he
  397. 15:39had a bank account and so a long story
  398. 15:41short he bailed me out otherwise I would
  399. 15:43have stayed in the jail the bail was
  400. 15:45fifty thousand dollars
  401. 15:48um so but
  402. 15:50um and just legally from that point
  403. 15:52forward though I mean results of a DNA
  404. 15:55test came in from the FBI lab which
  405. 15:57showed that cement found in the victim
  406. 15:59didn't match me uh there was head and
  407. 16:02pubic hairs found on the victim which
  408. 16:06were determined to be from [ __ ] and
  409. 16:08negroid origin which I'm pretty much as
  410. 16:12white as you can get
  411. 16:14um but the prosecutor countered that he
  412. 16:17got the medical examiner to commit fraud
  413. 16:20when the DNA didn't match me he suddenly
  414. 16:22said that he remembered that he forgot
  415. 16:25to document medical evidence that he
  416. 16:28claimed uh showed that the victim had
  417. 16:31been promiscuous and that that was and
  418. 16:34that opened the door for the prosecutor
  419. 16:36to claim well that was how the DNA
  420. 16:38didn't match me and yet I was guilty
  421. 16:40that she had slept with somebody else
  422. 16:43before I murdered and raped her
  423. 16:45but that was all that was all a lie uh
  424. 16:48he took it a step further and he named
  425. 16:51another youth by name but he claimed it
  426. 16:53slept with the victim
  427. 16:55but he never had that person testify to
  428. 16:58that he never had a DNA sample extracted
  429. 17:02he just made an unsupported argument to
  430. 17:05the jury and when the hair is not
  431. 17:07matching me he claimed that the hairs
  432. 17:10must have come from the Vietnamese
  433. 17:11medical examiner and his
  434. 17:13African-American
  435. 17:15assistant
  436. 17:16but once again he didn't he didn't
  437. 17:19actually
  438. 17:21have testing done to prove that he just
  439. 17:24threw the suggestion in the air
  440. 17:27and he got away with that because
  441. 17:30firstly the victim's family was not
  442. 17:32coming to court so they had no idea that
  443. 17:35her reputation was being trashed like
  444. 17:37that it was all the lie she actually
  445. 17:39died a virgin As I understood it
  446. 17:42um so they were willing to wreck her
  447. 17:44reputation like it wasn't enough that
  448. 17:45she was murdered and raped let's let's
  449. 17:47make a war out of her also and
  450. 17:50and then um my defense attorney had a
  451. 17:53public defender
  452. 17:55and he essentially did not defend me in
  453. 17:58every interviewed a call as a witness my
  454. 18:01alibi I was actually playing with
  455. 18:02football when the crime happened
  456. 18:04uh he never he never explained the jury
  457. 18:07the significance of the DNA not matching
  458. 18:10me he never used that to challenge the
  459. 18:13truthfulness of the confession he rarely
  460. 18:15met with me he did not he literally did
  461. 18:18not cross-examine the medical examiner
  462. 18:20he never asked him one question to try
  463. 18:22to discredit him
  464. 18:24and he should have never represented me
  465. 18:28because of a conflict of interest
  466. 18:30there's other youth that the prosecution
  467. 18:32was falsely saying and slept with the
  468. 18:34victim
  469. 18:35was represented by another member of
  470. 18:38that same public defender office and
  471. 18:40specifically by the lawyer was supposed
  472. 18:42to be supervising him in my case
  473. 18:45that conflict prevented the defense
  474. 18:49from calling him as a witness it
  475. 18:51prevented the defense from asking him
  476. 18:53for a sample
  477. 18:55and when you defend a case that is a
  478. 18:58false confession
  479. 19:00you have to answer the confession you
  480. 19:02have to explain it you have to disprove
  481. 19:05it you got to bring it all together in
  482. 19:07your closing argument
  483. 19:09but he never did that
  484. 19:11sometimes he told he argued to the jury
  485. 19:13the confession never happened at all
  486. 19:15other times he was saying it happened
  487. 19:18but it was false and still other times
  488. 19:20he was arguing that it was coerced so by
  489. 19:23taking this
  490. 19:26I'm just gonna throw mud against the
  491. 19:28wall and see what sticks type approach
  492. 19:31he had to have been standing there with
  493. 19:34like no credibility at all in front of
  494. 19:36the jury
  495. 19:40excuse me oh yeah
  496. 19:42um lastly um in a polygraph and
  497. 19:45polygraph test results are not
  498. 19:46admissible because they're not accurate
  499. 19:48but the trial judge ruled that well
  500. 19:51because the false confession happened in
  501. 19:54the course of the polygraph he came up
  502. 19:56with a back door rule to allow the
  503. 19:58polygraphics to testify anyway
  504. 20:01he let the polygraphics repeatedly tell
  505. 20:03the jury that I failed the polygraph
  506. 20:05which was that I was lying when I denied
  507. 20:08involvement which obviously was anybody
  508. 20:11could see that that would be prejudicial
  509. 20:13and the the victims close including the
  510. 20:17the bra
  511. 20:18had been admitted into evidence and the
  512. 20:22jury has to see the bra which was
  513. 20:23important because one of the statements
  514. 20:25that was coerced out of me I I said that
  515. 20:28I ripped the victims brought off
  516. 20:31but there's some broads the way that
  517. 20:33they're made you can't rip it off of a
  518. 20:36body you can't
  519. 20:37so when the jury has to see the bra
  520. 20:40that's when the judge said
  521. 20:43the bra and other clothes were left in
  522. 20:46the courtroom over the weekend
  523. 20:48and that the janitors apparently thought
  524. 20:50it was garbage
  525. 20:52so they threw it out and it wasn't
  526. 20:54available anymore
  527. 20:56and he substituted he substituted a
  528. 20:59photo where he said you could almost see
  529. 21:01the bra he substituted the photo for the
  530. 21:04bra
  531. 21:05and lastly and I'll let you get back
  532. 21:08again I don't want to talk too long yeah
  533. 21:11but the last thing I wanted to mention
  534. 21:13is on the third day of the Cherry
  535. 21:16deliberation
  536. 21:17they sent out a note asking if we don't
  537. 21:21come up with the verdict because you
  538. 21:23know it has to be unanimous it must be
  539. 21:25all 12 one way or the other they wanted
  540. 21:28to know well if they if they didn't come
  541. 21:30up with a verdict
  542. 21:32would they be sequestered over the
  543. 21:34Christmas holiday
  544. 21:35and the judge said yes you will and so I
  545. 21:38later learned that at that point it was
  546. 21:4111-1 for a conviction but one of the
  547. 21:44jurors thought I was innocent but they
  548. 21:46were pressuring him and when that answer
  549. 21:49came back that ratcheted the pressure up
  550. 21:51and nobody wanted to be there over
  551. 21:54Christmas including that juror so he
  552. 21:56switched his vote based on that
  553. 21:59and so the end result was I was found
  554. 22:01guilty I was 17 years old at this point
  555. 22:05I was found guilty of a murder and rape
  556. 22:08which I did not commit
  557. 22:12and man Jeffrey that it's so insane to
  558. 22:16just think of the the how many times
  559. 22:19somebody could have seen it for what
  560. 22:21it's worth and stopped it and saved
  561. 22:24saved all those years and saved all that
  562. 22:26time and and anguish and stress
  563. 22:29when when the trial was concluded
  564. 22:33um I'm sure that was the biggest shock
  565. 22:35to your life and the biggest shock to
  566. 22:36your families what was it what was it
  567. 22:39like from that moment you you were
  568. 22:41you're about to enter a prison facility
  569. 22:43and you're you're about to be sent off
  570. 22:45to somewhere for something you clearly
  571. 22:47didn't do and you know this in your head
  572. 22:48what what was going through your head
  573. 22:51with your your family like thinking back
  574. 22:54like do they do they trust me that I
  575. 22:55didn't do it you know does
  576. 22:57all these fingers are pointing at you
  577. 23:00trying to say that you did something
  578. 23:01that you didn't do what was that like
  579. 23:03leading straight into prison like what
  580. 23:05was your mentality what was your
  581. 23:06thinking
  582. 23:07I was I was in shock like I couldn't
  583. 23:11believe my ears when I heard you know
  584. 23:13guilty and I'm thinking well wait wait
  585. 23:15wait a minute now maybe I didn't hear
  586. 23:18the word not because they couldn't have
  587. 23:19just said Guilty by itself because yeah
  588. 23:22I'm innocent and only the guilty are
  589. 23:25convicted you know so that went through
  590. 23:27my head and once it was clear that I
  591. 23:30hadn't misered anything uh it was kind
  592. 23:32of like a nightmarish alternative
  593. 23:34reality alternate because I I thought
  594. 23:36only the guilty were found guilty
  595. 23:39um that was obviously taken into custody
  596. 23:41I was remanded immediately
  597. 23:43and I didn't know what was going to
  598. 23:45happen then I I remember
  599. 23:48getting my wallet and a few items to one
  600. 23:52of the Court officers
  601. 23:54he you know it's kind of like mementos
  602. 23:56for him to give to my
  603. 23:58here's my family I didn't know what was
  604. 24:00gonna happen to me
  605. 24:02um I I was I had been charged to try it
  606. 24:04as an adult
  607. 24:05and I I I was um the data sentencing I
  608. 24:10was given her adult sentence I was sent
  609. 24:12to 15 to life you know I begged the
  610. 24:14judge to overturn the verdict because I
  611. 24:16was innocent and I referenced the DNA
  612. 24:19uh support my contention and he told me
  613. 24:22on the record maybe you are innocent
  614. 24:25but that didn't lead him to overturn the
  615. 24:27conviction which he could have done
  616. 24:29instead of sentencing me all he had to
  617. 24:31do was reverse any of the rulings he
  618. 24:34made against me including the evidence
  619. 24:36issue that I laid out before
  620. 24:38but he took the easy way out
  621. 24:41and then I was sent to Elmira
  622. 24:43Correctional Facility which is a men's
  623. 24:46Maximum Security Prison in New York
  624. 24:49now um Jeffrey I I know you spoke a
  625. 24:52little bit about your adolescence but
  626. 24:53you never I mean you've never had a
  627. 24:55ticket you've never had police
  628. 24:57interaction up into that point no
  629. 25:00correct correct nothing nothing wrong so
  630. 25:03this was the first um first the first
  631. 25:05run-in with the law
  632. 25:07um when you were finally transferred
  633. 25:09from County jail and you said you went
  634. 25:11to the Almira like
  635. 25:13I can only imagine for everybody
  636. 25:15listening
  637. 25:16um max custody is is no joke and
  638. 25:19especially for somebody that's never
  639. 25:21been in trouble never been involved with
  640. 25:23that what was it like stepping through
  641. 25:25those doors of Elmira and and yeah yeah
  642. 25:28it was yeah it was I was frankly
  643. 25:31frightened I was 17 years old I've been
  644. 25:33a Maximum Security Prison with fully
  645. 25:35formed adults many of whom are guilty of
  646. 25:38serious violent crimes and you know not
  647. 25:41not everybody is sorry for what they did
  648. 25:43or is rehabilitated there's quite a few
  649. 25:45that are still knee-deep into the
  650. 25:47criminality you know and that's a
  651. 25:49definite segment of the population not
  652. 25:51not everybody but but you know a
  653. 25:53significant amount
  654. 25:54uh but but uh I want to also mention I
  655. 25:57had a bullseye at my back because I had
  656. 26:00been convicted of the rape along with
  657. 26:02the murder which as you know uh anyone
  658. 26:05convicted of a sex offense that could be
  659. 26:07a motivation uh to the other prisoners
  660. 26:10to assault or cut you or kill you even
  661. 26:13uh so I was always afraid that that
  662. 26:16somebody would discover what I was
  663. 26:18incarcerated for
  664. 26:20um the guards were obstacles you know
  665. 26:22some were professional did their job but
  666. 26:24a lot of them came to work and took out
  667. 26:26all their frustrations on the prisoners
  668. 26:28and some of the guards were dangerous
  669. 26:30and nobody ever bothered to reel them in
  670. 26:32not their co-workers or the other
  671. 26:35um the soup people were supposed to be
  672. 26:36supervising uh food was terrible
  673. 26:39sometimes it was not fully cooked other
  674. 26:41times it was burned I had to keep
  675. 26:44fighting off feelings of hopelessness
  676. 26:46helplessness thoughts of giving up
  677. 26:48suicidal ideation
  678. 26:51um there was plenty of violence in
  679. 26:52Elmira there was you know maybe three or
  680. 26:54four stabbings or cuttings every day
  681. 26:56there was a lot of violence that didn't
  682. 26:58involve weapons there was a lot of gang
  683. 27:00activity so cumulatively there was a
  684. 27:03general atmosphere of violence and
  685. 27:04adrenaline that for immunity air I had
  686. 27:07to be alerted all at all times ready to
  687. 27:10defend yourself at the drop of a dime
  688. 27:13which I got in trouble for maybe like
  689. 27:15five or six times I was beat up in a
  690. 27:18force of my incarceration but so far as
  691. 27:21the prison Administration was concerned
  692. 27:23uh because I was attempting to fight
  693. 27:25back and that obviously meant that I was
  694. 27:27fighting uh almost lost my life once I
  695. 27:30got hit multiple times in the side of my
  696. 27:32head with uh a 10 pound uh weight plate
  697. 27:37um
  698. 27:39so
  699. 27:40that's I mean I tried to I took
  700. 27:44advantage of what the programs they had
  701. 27:45I got GED I got Associates I completed a
  702. 27:48year of schooling towards the bachelor's
  703. 27:50but then of course they cut they took
  704. 27:52that from me when they cut the funding
  705. 27:54of college education for prisoners I I
  706. 27:57completed a lot of vocational trades but
  707. 28:01you know the curriculum was obsolete
  708. 28:03many years before I stepped into the
  709. 28:05program so it kept me busy but I wanted
  710. 28:08a career in any of those trades when I
  711. 28:10came home I would essentially start the
  712. 28:12same places if I didn't take the trade
  713. 28:14in the first place my mother used to
  714. 28:17come see me once a month but the last
  715. 28:20four five to six years I would I would
  716. 28:23see her once every six months my
  717. 28:25grandmother passed away while I was
  718. 28:27wrongfully incarcerated uh my brother
  719. 28:29came to see me three times in 16 years
  720. 28:32not not at all in the last decade uh
  721. 28:35kids on the school bus used to tell him
  722. 28:37that his brother was a rapist they'd say
  723. 28:38other mean things and they would try to
  724. 28:40hit him and snapping with pencils and
  725. 28:42eventually he dropped out of school
  726. 28:45so everybody was impacted by my wrongful
  727. 28:47conviction as the point that I'm trying
  728. 28:49to get at and ultimately I went to the
  729. 28:52parole board where because I maintained
  730. 28:55my innocence rather than Express remorse
  731. 28:57and take responsibility I got turned
  732. 28:59down for parole
  733. 29:01so that meant that I had to do more time
  734. 29:04on top of the 15 years that I just
  735. 29:06served and told me to do another two and
  736. 29:08come back and see them
  737. 29:09but I was eventually exonerated I got
  738. 29:12the Innocence Project to help me they
  739. 29:15took my case
  740. 29:16and that was the first key the second
  741. 29:19key was um
  742. 29:21Janine Barrow who was the Westchester
  743. 29:22D.A when I
  744. 29:24after I was convicted but before my
  745. 29:26first appeal so she fought me in seven
  746. 29:29appeals including blocking me from
  747. 29:31getting further DNA testing
  748. 29:35she left office
  749. 29:37and thirdly um we got lucky that the
  750. 29:39actual perpetrators DNA was in the data
  751. 29:43Bank the data bank had been created so
  752. 29:45we went from being able to say that it
  753. 29:47didn't match me to saying who it did
  754. 29:50match and that individual
  755. 29:53DNA was only in the data bank because he
  756. 29:56killed a second victim three and a half
  757. 29:58years later after killing the victim in
  758. 30:00my case uh she was a school teacher and
  759. 30:03had two children so on September 20th
  760. 30:062006 a conviction was overturned I was
  761. 30:09released I reported back to court
  762. 30:13November 2nd 2006 at which point all the
  763. 30:16charges were dismissed against being
  764. 30:19actual innocence grounds the actual
  765. 30:21perpetrator was arrested and convicted
  766. 30:25and that was later a report issued by
  767. 30:28four experts which detailed all the
  768. 30:30fault lines at which the system broke
  769. 30:32down which resulted in my being
  770. 30:35um
  771. 30:36falsely accused wrongfully convicted and
  772. 30:39spending 16 years of prison
  773. 30:42and man that is so so crazy Jeffrey
  774. 30:46um so Jeffrey from from the point of you
  775. 30:50when you when you know you're going to
  776. 30:52get out of prison
  777. 30:54um and you know it's coming when was
  778. 30:56that inside prison how when did you know
  779. 30:58like the day the day
  780. 31:01the day before you got out yes my
  781. 31:05attorney paid me a surprise visit she
  782. 31:08told me the items had been tested and
  783. 31:10I'm like what are you talking about
  784. 31:11they're not supposed to be tested for
  785. 31:13another month he's like no no they moved
  786. 31:15it up you're going home tomorrow
  787. 31:18and I said no I'm not I'm not I'm not
  788. 31:20going home tomorrow don't
  789. 31:22you know please I've been through enough
  790. 31:24don't don't play with me like that then
  791. 31:26we went back and forth for you know
  792. 31:28three times and it took I had the three
  793. 31:30and a half hour mental paralysis that I
  794. 31:33you know and my mind was just spinning
  795. 31:34and one thought had nothing to do with
  796. 31:37the next and none of it had anything to
  797. 31:39do with what the news had gotten every
  798. 31:41now every
  799. 31:43every so often the lawyer
  800. 31:45broke it and said well are you ready to
  801. 31:48talk about tomorrow
  802. 31:49have it no no we're not what just I'm
  803. 31:52not talking about tomorrow keep that
  804. 31:54away from me not going home
  805. 31:56no not not entertaining that not anymore
  806. 32:00right but but maintain what what what
  807. 32:02made it real was when she said look
  808. 32:04there's only a little bit of time left
  809. 32:07uh on the visit and I have to get inside
  810. 32:10your clothing sizes so a suit can be
  811. 32:12obtained there's a lot to do with the
  812. 32:14media
  813. 32:15so that made it real and I felt better
  814. 32:19for five minutes for five minutes and
  815. 32:22then for five minutes and then a
  816. 32:25different fear came in my head which was
  817. 32:27that something was gonna happen if
  818. 32:29between then and the next day that the
  819. 32:32D.A was gonna change her mind and I was
  820. 32:34they were going to do what they always
  821. 32:36did which was fighting when yeah yeah
  822. 32:38yeah
  823. 32:40that that's that sucks to hear that
  824. 32:44you're being you know what I mean you're
  825. 32:45being told from an attorney uh you're
  826. 32:47you're coming home and and to think like
  827. 32:50no I can't trust this I can't trust I
  828. 32:52can't even trust what's happened for the
  829. 32:54last 16 years of my life
  830. 32:57so that's exactly yeah keeping in mind I
  831. 32:59was wrongfully convicted then I lost
  832. 33:02seven appeals and then I went to the
  833. 33:04parole board it was turned down there so
  834. 33:06the sum total of all that had to do with
  835. 33:08my that was what led up to my disbelief
  836. 33:12distrust in in the system and I I you
  837. 33:16know every time one of those things
  838. 33:17happened it was like I was wrongfully
  839. 33:19convicted all over again you become
  840. 33:20afraid to try to believe or trust that
  841. 33:23that all that hurts
  842. 33:27I believe it with the parole board and
  843. 33:31you coming in front of them
  844. 33:33they they wanted that admit admittance
  845. 33:36of your guilt right they wanted you to
  846. 33:38admit and there was no other there
  847. 33:40wasn't any option of that you accepted
  848. 33:43them accepting your innocence or your
  849. 33:45claim of Innocence no there wasn't no I
  850. 33:47I I tried to raise the issue verbally
  851. 33:51several times but they shut that down uh
  852. 33:54in preparation of that I sent them
  853. 33:58excerpts of legal documents showing
  854. 34:01where the DNA didn't match me they
  855. 34:04acknowledged receiving it but it did not
  856. 34:07make a difference it didn't make a
  857. 34:09difference yeah a lot of the time with
  858. 34:12individuals that are still claiming
  859. 34:13innocence
  860. 34:14um that's that's what I hear a lot is is
  861. 34:16from prisoners saying they don't want to
  862. 34:19hear me Sam innocent uh at all they they
  863. 34:22want to hear what I did and what I'm
  864. 34:23owning up to and and it's sad that
  865. 34:25they're not there to entertain that
  866. 34:27there's an injustice or a misstep in the
  867. 34:30court proceedings or anything at all
  868. 34:32they just think it's 100 right that
  869. 34:34you're there and you're serving the time
  870. 34:35right and then they hold the Innocence
  871. 34:38assertion against you I mean you know
  872. 34:40yeah I think the parole board you know
  873. 34:43look if there's a reason to think
  874. 34:44someone's innocent then they should
  875. 34:46entertain that I mean they can't
  876. 34:47overturn the conviction but they
  877. 34:49certainly can keep that in mind in
  878. 34:51deciding to Grant somebody parole they
  879. 34:53shouldn't have been there in the first
  880. 34:54place I mean can you end the suffering
  881. 34:56at least
  882. 34:58rate of part of it at least can you do
  883. 35:00what's you know there I mean don't don't
  884. 35:03be indifferent to it I mean worse yet
  885. 35:05don't don't hold it against me but
  886. 35:06that's what they do yeah yeah
  887. 35:10when when you were preparing for your
  888. 35:12re-entry into society right this is 16
  889. 35:14years this is this is intense you're
  890. 35:17about to get out you're about to put on
  891. 35:19a suit for the first time you're gonna
  892. 35:20have cameras all these things in your
  893. 35:23face Jeffrey what what prepared you
  894. 35:25mentally to get out and and start life
  895. 35:29over because how old were you when you
  896. 35:31got released for your exaggeration 32 30
  897. 35:3432 so 17 to 32 and what what was it like
  898. 35:39walking out of those Gates and and how
  899. 35:41did that feel yeah it felt it felt
  900. 35:44surreal I mean my first words when it
  901. 35:46was time to speak to the media and by
  902. 35:48the way I had not contemplated speaking
  903. 35:50to the media ahead of time I was told
  904. 35:52that I would have that chance in the
  905. 35:53courtroom but I didn't have time to
  906. 35:55think about it like as in the overnight
  907. 35:58um my first words were is this really
  908. 36:01happening like I I for a second I I
  909. 36:04thought okay I I finally went and did it
  910. 36:06right I I finally managed to lose my
  911. 36:08mind and I'm gonna wake up but I'm still
  912. 36:11gonna see the prison wall on the cell
  913. 36:12bars and the guards and every other
  914. 36:14queue to let me know I'm in prison
  915. 36:17so that was surreal uh everything I ever
  916. 36:20wanted to say to the media but couldn't
  917. 36:22get anyone to hear me say I I said
  918. 36:26so I spoke for two two and a half hours
  919. 36:28off the cuff really yeah yeah and that
  920. 36:32kind of um Turned a lot uh that kind of
  921. 36:35um
  922. 36:36set off a light bulb
  923. 36:39and it led me down and I I thought that
  924. 36:42you know hey I can be part of the
  925. 36:43Innocence movement without necessarily
  926. 36:45being a lawyer so I started
  927. 36:48um speaking across the country I was
  928. 36:50doing media interviews to hope that the
  929. 36:52trading privacy in exchange for hoping
  930. 36:55that the further the policy changes I've
  931. 36:57started meeting with the elected
  932. 36:59officials became a weekly columnist
  933. 37:02um I got a I did that for five years I
  934. 37:04had a scholarship from Mercy College to
  935. 37:07finish the bachelor's degree
  936. 37:09and um I
  937. 37:11I also got wound up getting a master's
  938. 37:13degree but at the same but and it was
  939. 37:16that but it was very difficult for those
  940. 37:18five years I was doing the advocacy and
  941. 37:19doing the education it was
  942. 37:21simultaneously very difficult because I
  943. 37:23was released with nothing I was always
  944. 37:25passed over for gainful employment
  945. 37:28so I was making money doing speaking
  946. 37:30engagements but that's not consistent I
  947. 37:32was making money as a columnist but it
  948. 37:34was for a weekly paper so they wanted
  949. 37:35one article a week
  950. 37:37so I didn't have very much money coming
  951. 37:39in
  952. 37:41so I lacks the ability of housing I
  953. 37:43bounced around from place to place at
  954. 37:45one point because in a couple weeks from
  955. 37:47a homeless shelter but Mercy College let
  956. 37:49me live on campus and they went beyond a
  957. 37:52scholarship
  958. 37:53the the world was different internet GPS
  959. 37:57cell phones hadn't been created
  960. 37:59technology the technology was different
  961. 38:01culture was different neighborhoods
  962. 38:03looked different it was very lonely I I
  963. 38:06had the psychological after effects of
  964. 38:08BTSD panic attacks anxiety uh fear on
  965. 38:12seeing law enforcement feeling of having
  966. 38:15been frozen in time so I was released
  967. 38:17when I was 32 but I felt like I was 17.
  968. 38:21so all those things it was particularly
  969. 38:24challenging for me because I had been
  970. 38:26incarcerated when I was 17 so I had
  971. 38:28never lived on my own before never had a
  972. 38:31job never wrote a check never went
  973. 38:33shopping never balanced the budget never
  974. 38:36had a driver's license so all those
  975. 38:38things were difficult for me
  976. 38:41um but uh you know I got through and
  977. 38:44then after about five years I was
  978. 38:46finally financially compensated and I I
  979. 38:49am
  980. 38:50I I
  981. 38:52well I started a master's degree in 2009
  982. 38:55and so uh I got compensated before I
  983. 38:58finished
  984. 38:59but um I got the Master's Degree because
  985. 39:01I then my thesis was written on one for
  986. 39:04conviction course in reform because I
  987. 39:05thought that would make me a better
  988. 39:06advocate
  989. 39:08I use some of the money to start the
  990. 39:10Jeffrey deskovic foundation for justice
  991. 39:11which would continue the work I did as
  992. 39:14an individual but you know from a team
  993. 39:16from a team perspective with you know a
  994. 39:19non-profit but would have the uh would
  995. 39:22have the
  996. 39:24exaggerating component which I couldn't
  997. 39:26do on my own
  998. 39:27so uh since then we've um
  999. 39:31I want to say we've got 11 people home
  1000. 39:33except that by the possibly by the time
  1001. 39:36this airs it'll be number 12 the myself
  1002. 39:39and uh Oscar Michelin uh Advisory Board
  1003. 39:43member of the foundation
  1004. 39:45um
  1005. 39:46they just caught Andre Brown's
  1006. 39:48conviction overturned after 22 years in
  1007. 39:50prison so there's going to be a court
  1008. 39:52hearing tomorrow to determine if the
  1009. 39:54judge is going to order him a release
  1010. 39:56him on bail and the prosecution will
  1011. 39:59decide if they're going to retry or
  1012. 40:01appeal but the convictions are returned
  1013. 40:04but we did that with the foundation
  1014. 40:06it'll be it will be Godwin will be 12 uh
  1015. 40:09people to help pass Three Laws aim to
  1016. 40:12preventing wrongful conviction
  1017. 40:14um we're part of the bigger Coalition
  1018. 40:16call that could happen to you which the
  1019. 40:18foundation which I'm an Advisory Board
  1020. 40:19member of Foundations part of that so we
  1021. 40:21have uh helped pass Six additional laws
  1022. 40:24So currently we have 12 Active cases
  1023. 40:27we're doing policy work in New York
  1024. 40:29Pennsylvania and California and I got
  1025. 40:33tired of being in the front row I got
  1026. 40:36tired of being in the front row uh in
  1027. 40:37the court so I went to law school I
  1028. 40:40became an attorney and pursuited the
  1029. 40:41dream of concerning others as a lawyer
  1030. 40:43and you know peers were teetering on the
  1031. 40:46verge of uh on the vert on the verge of
  1032. 40:48that and I've entered some of the cases
  1033. 40:50uh as co-counsel that predated my law
  1034. 40:54license and some of them are new cases
  1035. 40:56that I handed I mean I'm mostly second
  1036. 40:59seating but there are a couple of cases
  1037. 41:01where I'm the lead attorney and I have
  1038. 41:03somebody more experienced that's second
  1039. 41:05seating made for when I need to turn to
  1040. 41:07them for guidance but look it's not an
  1041. 41:09ego thing it's a results thing and you
  1042. 41:12know it's about learning and as a team
  1043. 41:13and it took many facets coming together
  1044. 41:15to wrongfully convict people so no one
  1045. 41:18individual is going to do every single
  1046. 41:19thing so yeah yeah it takes a team a
  1047. 41:22whole team effort
  1048. 41:23yeah yeah yeah that is Jeffrey that's so
  1049. 41:28so cool that you have fought to create
  1050. 41:31this this this moving force behind not
  1051. 41:36allowing another 17 year old kid or you
  1052. 41:39know that same case that they've walked
  1053. 41:41into ever happen again
  1054. 41:42do you do would you say what would you
  1055. 41:46say on the justice system and and just
  1056. 41:48Court proceedings in general what's your
  1057. 41:51overall look of our American justice
  1058. 41:54system and and and are we are we headed
  1059. 41:57in the wrong direction currently are are
  1060. 41:59we trying to put a Band-Aid over
  1061. 42:01something what's your take on all of
  1062. 42:03this I believe the justice system as it
  1063. 42:06is now is definitely broken for sure
  1064. 42:09um you know I do think that in terms of
  1065. 42:11wrongful conviction we're going in the
  1066. 42:13right direction you know their reforms
  1067. 42:15being passed or being worked on or bills
  1068. 42:17being introduced all the time
  1069. 42:19I do think that the speed of
  1070. 42:21exonerations is well the frequency not
  1071. 42:24the speed uh you know we're now up to
  1072. 42:27here
  1073. 42:28it's like two or three exonerations a
  1074. 42:30week all over the country it seems so I
  1075. 42:33believe that each I believe that each
  1076. 42:34person who makes it out makes it a
  1077. 42:37little bit easier for the next person
  1078. 42:38because insofar as the judges
  1079. 42:42are just a little bit more willing to
  1080. 42:44consider an innocence claim or newly
  1081. 42:46discovered evidence claim instead of the
  1082. 42:48caving into the reflexive rubber stamp
  1083. 42:51deny so I think that stuff is going in
  1084. 42:54the right direction
  1085. 42:56um sometimes not not often enough but
  1086. 42:58sometimes the prosecution or the police
  1087. 43:01are cooperating and some of these
  1088. 43:03exonerations so that's going in the
  1089. 43:05right direction and that but then
  1090. 43:07there's too often that's too many times
  1091. 43:09when that's not the situation
  1092. 43:11uh to be clear that's maybe like 25 of
  1093. 43:14the time at least it was some years ago
  1094. 43:15in the New York Times study that but I
  1095. 43:17so I think it's getting better in that
  1096. 43:19area on the other hand
  1097. 43:22there's many non-innisense uh Justice
  1098. 43:25Reform issues like I talked about in
  1099. 43:27conviction which I know you end of your
  1100. 43:29Geo Works before we did the documentary
  1101. 43:31conviction about my advocacy work and
  1102. 43:33life politicsoneration so as I mentioned
  1103. 43:36it within and that's available on Amazon
  1104. 43:37Prime for the listeners but when I was
  1105. 43:40when I was interviewed uh by GN one of
  1106. 43:44the interviews
  1107. 43:45and I talked about
  1108. 43:47you know the the prisoner violence
  1109. 43:49amongst prisoners and how they didn't
  1110. 43:51really seem to be much of an effort on
  1111. 43:53the administration or security to shut
  1112. 43:55that down and there was verbal abuse of
  1113. 43:57the guards towards the prisoners and the
  1114. 44:00Terrible
  1115. 44:02Medical Care in prison and the food and
  1116. 44:05you know the need for there to be prison
  1117. 44:07reform making prison about
  1118. 44:10Rehabilitation rather than you know the
  1119. 44:13punishment is supposed to be loss of
  1120. 44:15Freedom it's not supposed to be to be
  1121. 44:16administrated while you're there and yet
  1122. 44:18that goes on I talked about
  1123. 44:20compassionate or at least and how by the
  1124. 44:23time the slow uncaring system gets
  1125. 44:25around to deciding that somebody's
  1126. 44:28terminally ill let's let them tap the
  1127. 44:30little dignity by the time they decide
  1128. 44:32too many times people are dead or ready
  1129. 44:34or they're dying a day or two so I talk
  1130. 44:37about that and the need for parole
  1131. 44:38reform and how you know college
  1132. 44:42education and prison being extremely low
  1133. 44:45recidivism rate for college educated
  1134. 44:47prisoners how that really shouldn't be
  1135. 44:49viewed as anything other than as a
  1136. 44:51serious crime fighting tool but yet for
  1137. 44:54the most part it's not being you know
  1138. 44:56regreteduced hasn't been implemented as
  1139. 44:58as yet so I talk about all of those
  1140. 45:01things all these things Humane
  1141. 45:03conditions that nobody should be
  1142. 45:05subjected to and I talk about over
  1143. 45:08sentencing and how there were people
  1144. 45:10that I met in prison that were doing 15
  1145. 45:1320 30 years because the amount of drugs
  1146. 45:15they had was disappeared rather than
  1147. 45:17this big so it was a felony not a
  1148. 45:19misdemeanor and now a lot of them were
  1149. 45:24doing more time than people in prison
  1150. 45:27for violent crimes and how that was
  1151. 45:29backwards to me so I don't really see I
  1152. 45:33see very little progress
  1153. 45:36uh on the non-innocence Justice Reform
  1154. 45:41issues there's very little progress so
  1155. 45:44on that aspect of it I do think I do
  1156. 45:47think that uh we're going in the wrong
  1157. 45:49direction I think there's a lot to learn
  1158. 45:51from the European prison system uh you
  1159. 45:55know I can and uh was it the Netherlands
  1160. 45:57and other places where it's more
  1161. 45:59rehabilitative it's more Humane it's
  1162. 46:01more clean and all of that but none of
  1163. 46:04that means that people are getting away
  1164. 46:06with crimes it just means that we're
  1165. 46:08treating people humanely while they're
  1166. 46:10there which is what we're supposed to do
  1167. 46:12okay so those are my those are my
  1168. 46:15overall
  1169. 46:16um those are my overall thoughts yeah
  1170. 46:18yeah very good points very good points
  1171. 46:21and I like that you said Jeffrey that uh
  1172. 46:24a lot of people don't take that
  1173. 46:25proactive approach to these individuals
  1174. 46:28are coming back to our communities so
  1175. 46:30what what are we doing to help them not
  1176. 46:33commit crimes what are we are we
  1177. 46:34providing the necessary tools for a good
  1178. 46:36successful re-entry that's going to
  1179. 46:38benefit the community as a whole
  1180. 46:41um okay Jeffrey so if if you could speak
  1181. 46:44to somebody that's out there right now
  1182. 46:46inside a prison cell going through the
  1183. 46:49same thing that you went through and
  1184. 46:52they're up against a wall they're
  1185. 46:54reaching out to the Innocence Project or
  1186. 46:57or like you said over sentencing of a
  1187. 46:59crime and they're just trying to remedy
  1188. 47:02them that their sentence or or to get
  1189. 47:05back to life what would you have to say
  1190. 47:06to individuals that have walked those
  1191. 47:08same footsteps as you and whether it's a
  1192. 47:11piece of Hope a piece of motivation for
  1193. 47:13them to not give up on their exoneration
  1194. 47:16or or just to get back on their feet and
  1195. 47:19and live a normal life what would you
  1196. 47:21have to say for them I would say don't
  1197. 47:23give up if I had given up I I wouldn't
  1198. 47:26be where I am where I am today I would
  1199. 47:30say make use of your time I read three
  1200. 47:32or four non-fiction books every week I
  1201. 47:35would suggest people do that take
  1202. 47:37advantage of the limited educational
  1203. 47:38programs that they are try to I oriented
  1204. 47:41everything I did to having some kind of
  1205. 47:44potential usage if and when I return to
  1206. 47:46society so like I didn't I didn't work
  1207. 47:50as a porter I didn't I didn't need to
  1208. 47:52work in the laundry or some other silly
  1209. 47:55job that in one way or another had to do
  1210. 47:57with running the prison take education
  1211. 48:00type programs focus on betterment
  1212. 48:03and definitely go to the law library and
  1213. 48:06learn the law that's big on a practical
  1214. 48:08level I would say
  1215. 48:11reaching out to people I would you put
  1216. 48:14together like a short attention grabbing
  1217. 48:16letter not more than two paragraphs my
  1218. 48:19name is so and so I'm convicted of this
  1219. 48:22myself I was wrong with your innocent I
  1220. 48:24was wrongfully convicted of this this is
  1221. 48:26the sentence that I was given this is
  1222. 48:28the evidence against me here's the flaw
  1223. 48:30in the evidence here's the top three
  1224. 48:33things in the record that show that in
  1225. 48:35the point the direction of my innocence
  1226. 48:38um here's some directions to go in I'm
  1227. 48:40writing you because I'm asking you to
  1228. 48:41consider taking my case pro bono so if
  1229. 48:44someone's over sentencing my name is so
  1230. 48:46and so I'm convicted of this you know uh
  1231. 48:49I've been over sentenced by sentences
  1232. 48:51this it really should have been this I'm
  1233. 48:54writing you because I'm asking you to
  1234. 48:56consider taking my case pro bono to try
  1235. 48:59to help me get a a lesser and more just
  1236. 49:03uh sex I mean people people write long
  1237. 49:06letters and that's that's wrong
  1238. 49:09the longer your letter is the less
  1239. 49:11likely anyone's going to want to read it
  1240. 49:13the more documents you send the worse it
  1241. 49:17is for the sender I mean you make people
  1242. 49:18want to run away and get away so I was
  1243. 49:21just one paragraph or two at Max
  1244. 49:24you know remember you're not you're not
  1245. 49:27trying to recruit somebody all in one
  1246. 49:29letter okay all you're trying to do is
  1247. 49:31get their attention and for them to
  1248. 49:33think to themselves Well yeah if what
  1249. 49:36Alex just told me is true then yes I
  1250. 49:39could see how you might be innocent or
  1251. 49:41yeah I could see how you might he might
  1252. 49:43be um over sentenced um let me learn a
  1253. 49:46little bit more about that that's all
  1254. 49:48that you're trying to do and when they
  1255. 49:50reach back out you can give a little bit
  1256. 49:52more information and you can say hey I
  1257. 49:55have legal documents to back up what I'm
  1258. 49:57saying is it okay if I send some to you
  1259. 50:01I'm respectful of your time that's the
  1260. 50:03approach to that would be the approach
  1261. 50:05that would be the approach to take but
  1262. 50:07you know you gotta you have to not you
  1263. 50:09have to not give up you have to try to
  1264. 50:11stay out of trouble because I mean well
  1265. 50:13you you want to try to do law work or
  1266. 50:16write letters when you're you know
  1267. 50:18you're you're keep blocking your cell
  1268. 50:20you're in solitary confinement you
  1269. 50:22really want to try to do this when you
  1270. 50:23don't have access to the phone so if you
  1271. 50:25need help from someone on the outside to
  1272. 50:28get you an address where you can even
  1273. 50:30send them you you want to make it
  1274. 50:32impossible for what it's terrible enough
  1275. 50:34you're in prison don't don't don't make
  1276. 50:37it uh don't make it worse make the best
  1277. 50:39that you can of of it and so that would
  1278. 50:42be the way that I would focus and look I
  1279. 50:44got through things I didn't think about
  1280. 50:46the 15 in life sentence I I thought well
  1281. 50:48look I'm doing a year or two and more
  1282. 50:51and and until the next proceeding you
  1283. 50:55know yeah yeah so that you just do it
  1284. 50:57and just do it and do it in increments
  1285. 51:00um I I learned to play chess as well
  1286. 51:02it's a thinking person's game and
  1287. 51:04usually the person who wins particularly
  1288. 51:06Gamers who could see just the move
  1289. 51:08further and that's part of life too
  1290. 51:10that's you know you live your life and
  1291. 51:12move towards goals
  1292. 51:15yeah and I would think last piece of
  1293. 51:17advice I'll give them is uh
  1294. 51:20you know there is a there is a starting
  1295. 51:22to be a growing awareness of over
  1296. 51:24sentencing and I think something will
  1297. 51:27happen at some point in the future in
  1298. 51:29terms of sentence modification just from
  1299. 51:31a policy perspective so it's not all
  1300. 51:33based only on what the individual can
  1301. 51:36get done for themselves or someone else
  1302. 51:38can get done for them if they can
  1303. 51:40recruit somebody I mean I think that
  1304. 51:42there is some people are talking about
  1305. 51:44different policy initiatives uh like
  1306. 51:47Elder parole which people who view 55
  1307. 51:50and you've done 15 years and you
  1308. 51:52considered elderly so therefore you'd be
  1309. 51:54entitled to a parole board appearance
  1310. 51:56not a guaranteed release but if that's a
  1311. 51:59measure that's being worked on as an
  1312. 52:01example but you know between now and
  1313. 52:03then you need us to stay out of trouble
  1314. 52:05you need to accomplish things I mean you
  1315. 52:08want to try to be a model prisoner then
  1316. 52:10once it's two once you're once you're
  1317. 52:12short to go the board once they make the
  1318. 52:14change that's what you want to shape up
  1319. 52:16it's going to be too late then No One's
  1320. 52:19Gonna believe you no one's going to
  1321. 52:21believe you or even want to listen I
  1322. 52:23think it's easy yeah easy to sweep under
  1323. 52:26the rug when they think that there's no
  1324. 52:27been no reform or change towards the
  1325. 52:30inner person you know yeah they want to
  1326. 52:32release people that they can believe in
  1327. 52:34that are going to come home and that are
  1328. 52:36going to uh live law abiding lives and
  1329. 52:39as you know but if you don't give them
  1330. 52:41reason to believe that you're going to
  1331. 52:42make it easy to dismiss
  1332. 52:44yeah yeah Jeffrey um I just have one
  1333. 52:48last question for you before we before
  1334. 52:49we sign off were you ever given an
  1335. 52:52apology from anybody were you ever ever
  1336. 52:55told us the only person ever apologized
  1337. 52:59was the actual perpetrator
  1338. 53:01you know no one else yeah yeah but I
  1339. 53:04mean but his apology you know he he
  1340. 53:06managed to mix it with the lie so he
  1341. 53:08rendered it meaningless I mean he
  1342. 53:10claimed
  1343. 53:11that he didn't know anyone was doing
  1344. 53:13time for his crime or he would have said
  1345. 53:15something sooner but you know Peekskill
  1346. 53:17is a small City everybody was talking
  1347. 53:19about the case there's and it was a high
  1348. 53:21profile case that would have there would
  1349. 53:23have been no way that I could conceive
  1350. 53:25of that he would not have heard it so to
  1351. 53:27the extent that that would have made you
  1352. 53:29know would have meant something to me he
  1353. 53:31managed to do away with that but none of
  1354. 53:32the actors I got symbolic apologies from
  1355. 53:35the
  1356. 53:36judge and from the but I was not the
  1357. 53:39choice episode of my trial I got a
  1358. 53:41symbolic apology from the district
  1359. 53:43attorney but she wasn't the one that
  1360. 53:45blocked the testing and she wasn't Diego
  1361. 53:47when I was convicted I got a symbolic
  1362. 53:50apology from the prosecutor in the
  1363. 53:51courtroom when the conviction was
  1364. 53:53overturned but I was but she wasn't the
  1365. 53:56prosecutor that that was convicted me at
  1366. 54:00the trial so none of the people involved
  1367. 54:02were but you know Alex you know my um
  1368. 54:05we have 10 12 cases on active we have
  1369. 54:08another seven that are approved but
  1370. 54:10waiting you know we're not even taking
  1371. 54:12new applications anymore because you
  1372. 54:15know we're we're already over capacity
  1373. 54:17but I know there's a lot of people that
  1374. 54:19need help and you know my my dream is to
  1375. 54:23is to one day have a office an office in
  1376. 54:28each state because I really see this as
  1377. 54:30a as a national problem and one day in
  1378. 54:33each country because I really see it as
  1379. 54:34a global issue
  1380. 54:36um we have a crowdfunding page on the
  1381. 54:39website patreon and my crazy dream is
  1382. 54:41but what if you know what if 75 000
  1383. 54:44people you know were willing to fight
  1384. 54:46wrongful convictions by sacrificing
  1385. 54:48three to five dollars you know a month
  1386. 54:49on recurring basis that we give close to
  1387. 54:52a million dollars for example I mean if
  1388. 54:54we could get 12 people certainly be 12
  1389. 54:56people home what if we had resources to
  1390. 54:59Bear we get more attorneys more
  1391. 55:01paralegals more investigators more
  1392. 55:04essential personality can increase our
  1393. 55:06caseload we could work on policy work in
  1394. 55:09more than just the three states we're
  1395. 55:11doing and they could make more of a
  1396. 55:13national impact but that'll be when we
  1397. 55:15get public support and that's really
  1398. 55:17been my biggest challenge because I kind
  1399. 55:20of arrived at where I'm at in life um uh
  1400. 55:23social economic status wise somewhat
  1401. 55:26artificially by means of the lawsuit
  1402. 55:29like if I had made it in business over
  1403. 55:3110 20 30 years then I'd have a cohort of
  1404. 55:35people that we all made it and so I
  1405. 55:37could turn to them and say look this is
  1406. 55:39what I'm doing it's a track record would
  1407. 55:41you consider to support this by being
  1408. 55:43donors but I don't have that so I have
  1409. 55:45to rely on third parties who can make
  1410. 55:48introductions to me with people of
  1411. 55:50capacity and if politicians of both
  1412. 55:52parties can raise tens of millions
  1413. 55:54hundreds of millions of dollars races
  1414. 55:57from what they refer to as small dollar
  1415. 56:00donors why why not for this issue why
  1416. 56:03not for getting innocent people out of
  1417. 56:05prison why not for policy changes aimed
  1418. 56:08at preventing what happened to me from
  1419. 56:10happening to others so I hope that
  1420. 56:12people I know you have a large audience
  1421. 56:14so Jesus says and I believe her so
  1422. 56:17hopefully some some of them people have
  1423. 56:19to make the pitch but look I'm home I'm
  1424. 56:21free it's not for me it's for other
  1425. 56:23people I do like 50 60 hours a week the
  1426. 56:26money doesn't go in my pocket it would
  1427. 56:28go strictly to freeing people in the
  1428. 56:30policy work yeah yeah if I could say
  1429. 56:34anything Jeffrey you are the uh you
  1430. 56:36you're the right man for the job and
  1431. 56:38you're the right man to lead everything
  1432. 56:40that you're speaking about and the goals
  1433. 56:42for for for hopefully one day that we
  1434. 56:44have have Justice in in America and and
  1435. 56:48abroad
  1436. 56:49um it's been amazing everybody that's
  1437. 56:51listening please in the uh description
  1438. 56:54links for this podcast you can connect
  1439. 56:56with Jeffrey uh all of his foundation
  1440. 56:59his patreon everybody please please
  1441. 57:01please take some time go watch that as
  1442. 57:04well as convicted by Geo words um and
  1443. 57:06Jeffrey you said that's available on
  1444. 57:07Amazon correct I did yes and it's on
  1445. 57:10Amazon so everybody you guys I will put
  1446. 57:12all that in the description below
  1447. 57:13Jeffrey I just want to tell you I know
  1448. 57:16you haven't had the apology but on the
  1449. 57:18behalf of everybody listening the
  1450. 57:20justice system I'm sorry man that you
  1451. 57:22went through everything that you did and
  1452. 57:25um it's it's you have a golden heart man
  1453. 57:28it's brought you to a place where you
  1454. 57:29can offer so much to people that are in
  1455. 57:32those same steps and it's been a
  1456. 57:34blessing speaking with you thank you I
  1457. 57:36met that meant a lot just then that
  1458. 57:38meant so much Alex and thank you for
  1459. 57:40having me on sharing your platform and
  1460. 57:42absolutely all right

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