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The True Story of Jeffrey Deskovic on his wrongful rape and murder conviction. Part 1 — Transcript

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  1. 0:00[Music]
  2. 0:02this is your city
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  27. 1:00[Music]
  28. 1:03good evening everyone and welcome to
  29. 1:05another edition
  30. 1:06of this is your city i am kim your host
  31. 1:12i i don't even know where to start with
  32. 1:14my guest today
  33. 1:15it's just something so different and so
  34. 1:18personal
  35. 1:20but can you imagine and i don't think
  36. 1:23any of us can
  37. 1:2516 years in prison and exoner
  38. 1:29exonerated by dna
  39. 1:34yeah in 1991 deskovic was convicted of
  40. 1:37raping and murdering a fellow high
  41. 1:39school student
  42. 1:41and he was sentenced to 15 years to life
  43. 1:44in prison
  44. 1:46and only after 16 years being spent in
  45. 1:49prison
  46. 1:50was jeffrey exonerated by dna
  47. 1:54in march of 2012 after finally receiving
  48. 1:57the personal means to do so
  49. 1:59deskovic acted on a dream since his
  50. 2:01release
  51. 2:02of establishing an organization that
  52. 2:05would help
  53. 2:06free innocent people who are
  54. 2:09or who were wrongly convicted
  55. 2:12and so he launched jeffrey deskovic
  56. 2:15foundation of justice
  57. 2:16where he used 1.5 million dollars of his
  58. 2:20own compensation
  59. 2:21from his own ordeal to make his dream
  60. 2:24come true
  61. 2:25he wanted to take the negative and turn
  62. 2:28it into something positive
  63. 2:30and to leave a legacy that of course
  64. 2:31would ultimately outlive him
  65. 2:34and what i find really exciting is that
  66. 2:37he didn't
  67. 2:38stay there what he did was he eventually
  68. 2:42went on and received a master's degree
  69. 2:44from the john jay college of criminal
  70. 2:47justice
  71. 2:48and then in mar may of 2019
  72. 2:52deskvick obtained a law degree from pace
  73. 2:55university
  74. 2:56and was admitted to the new york state
  75. 2:58bar
  76. 2:59in october of 2020. i just find that so
  77. 3:02exciting
  78. 3:04my guest tonight my guest
  79. 3:07jeffrey deskovic hi jeffrey welcome to
  80. 3:10the show and thank you for
  81. 3:12agreeing to sit with us how are you
  82. 3:15i'm i'm great uh very warm uh welcome
  83. 3:18thank you very much i'm
  84. 3:20happy you're sharing your platform with
  85. 3:21me today and i'm looking forward to this
  86. 3:23interview
  87. 3:24awesome i'm gonna do something a little
  88. 3:27different than i normally do with my my
  89. 3:29interviews and
  90. 3:31when i sit with my guests sometimes it's
  91. 3:32just like kind of having coffee
  92. 3:34and we you know we just talk about stuff
  93. 3:36but i feel like i need to
  94. 3:38honor you in a little bit where i get my
  95. 3:40facts straight so during this interview
  96. 3:42i might
  97. 3:43read off of some notes sure i typically
  98. 3:46do
  99. 3:47but just so i don't get anything wrong
  100. 3:49okay i'm going to do that
  101. 3:51this is real life and
  102. 3:54most of us thankfully cannot comprehend
  103. 3:56this so i want to get it right
  104. 3:58you are you know when i
  105. 4:01when you agreed to do this interview
  106. 4:03with me i was i was over the moon and
  107. 4:05i spent many nights pouring over some
  108. 4:08court documents some transcripts of your
  109. 4:10case
  110. 4:11i also read through some papers that
  111. 4:14were from the national registry of
  112. 4:15exonerations
  113. 4:17yes yes what what interests me was a
  114. 4:20report that i found
  115. 4:21on your conviction and it was prepared
  116. 4:23and requested by
  117. 4:25janet de fiore in westchester i think i
  118. 4:27got that right
  119. 4:29you did get that right you got all that
  120. 4:30right yes thank you the district
  121. 4:32attorney for there
  122. 4:33and and the reason that that really
  123. 4:36caught my eye and interest me because
  124. 4:38we don't often get the inside scoop of
  125. 4:41what
  126. 4:42the justice system and those involved
  127. 4:45did
  128. 4:45wrong right we don't really usually hear
  129. 4:48of that unless we watch the evening news
  130. 4:50or something
  131. 4:52and this document it it was full
  132. 4:55of things that went wrong in your case
  133. 4:58and yet
  134. 4:59you were still convicted and if you
  135. 5:02don't mind i'd like to just to go over a
  136. 5:04little bit of that before we get into
  137. 5:06the kind of behind the scenes stuff
  138. 5:08sure that's perfectly fine yeah
  139. 5:09absolutely how you steer the
  140. 5:11conversation up
  141. 5:12and how whichever way you take it is
  142. 5:14what i'm gonna follow along with
  143. 5:16awesome okay so let's start off with
  144. 5:20they did not test hair samples found on
  145. 5:22the body
  146. 5:24they didn't even take sperm or blood
  147. 5:26samples of any other people who may have
  148. 5:28been involved in this case is that
  149. 5:29correct
  150. 5:31yeah yeah well the caveat being that in
  151. 5:33terms of the hair
  152. 5:34they did compare the hair to me and they
  153. 5:37determined it didn't
  154. 5:38match me that it actually was from
  155. 5:40negroid and [ __ ]
  156. 5:41origin which you know i'm pretty much as
  157. 5:43white as you can get
  158. 5:45uh so the prosecutor's explanation for
  159. 5:47the hairs is he
  160. 5:49argued by inference he claimed well the
  161. 5:51hares must have come
  162. 5:52from medical examiner uh who's
  163. 5:54vietnamese and his african-american
  164. 5:56assistant
  165. 5:57but he never actually had samples
  166. 6:00collected from either of them
  167. 6:02so that the comparison could actually be
  168. 6:04made he just
  169. 6:05made the uh argument by uh inference
  170. 6:08and uh and you are correct that they
  171. 6:11tested the
  172. 6:11seminal fluid on the body versus me and
  173. 6:14found it didn't match me but that's as
  174. 6:15far as the
  175. 6:16that's as far as the testing went and
  176. 6:19then later
  177. 6:20on as well unfold uh in the
  178. 6:22post-conviction process
  179. 6:24i was blocked several times from having
  180. 6:27that dna
  181. 6:28put into the dna data bank once it had
  182. 6:30been created
  183. 6:31so yeah so so far you're batting a
  184. 6:33thousand
  185. 6:35oh my goodness now i just want to get
  186. 6:37this out there because
  187. 6:39you know people will go and read up on
  188. 6:40this later on and stuff
  189. 6:42you did confess at first to this crime
  190. 6:46i did yes i was coerced into that but
  191. 6:48yes
  192. 6:49right and we find that a lot especially
  193. 6:51with young people
  194. 6:53and you know if if we take the moment to
  195. 6:56read into some court case because i love
  196. 6:57this kind of stuff so i do read into it
  197. 7:00we rarely find um we we find a lot of
  198. 7:03similarities between your case and
  199. 7:05a lot of younger people being coerced
  200. 7:08into admit
  201. 7:09something they didn't do and you know a
  202. 7:12lot of psychology
  203. 7:13and and psychologists will say like the
  204. 7:15vulnerability of the brain
  205. 7:17and and the lack of experience and
  206. 7:21fear in somebody younger is quite it's a
  207. 7:24lot easier to coerce
  208. 7:25a young person into a confession i'll
  209. 7:28agree 100
  210. 7:29i just want to add for context that
  211. 7:31coerced false confessions have caused
  212. 7:33wrongful convictions in 25 of the dna
  213. 7:36proven wrongful convictions
  214. 7:37and you correctly point out that while
  215. 7:39this has happened to adults that
  216. 7:41particularly vulnerable populations are
  217. 7:43youth and people with mental health
  218. 7:45issues
  219. 7:46and i also read also with um people with
  220. 7:50lack of funding like
  221. 7:51poor people you know they are
  222. 7:55typically as well coerced into false
  223. 7:57confessions
  224. 7:59i don't right well i mean your inability
  225. 8:00to you know yeah i mean
  226. 8:02that ties into you know your ability to
  227. 8:03retain an attorney and then also
  228. 8:06you know the quality of representation
  229. 8:07that you get at the trial
  230. 8:09at which you're going to be challenging
  231. 8:10the confession i mean certainly if you
  232. 8:12have a paid lawyer
  233. 8:14that you know theoretically they're
  234. 8:15going to mount a much more
  235. 8:17aggressive defense i mean just for
  236. 8:19context and this is good we're going to
  237. 8:20need this info later
  238. 8:22uh normally when you defend the case uh
  239. 8:25which is a false
  240. 8:26confession you have to answer that
  241. 8:27confession you have to explain that
  242. 8:29confession
  243. 8:31uh you know you have to disprove that
  244. 8:32confession and bring it all together
  245. 8:35in your closing argument but you know my
  246. 8:38attorney didn't didn't do
  247. 8:40any of that uh in addition you know he
  248. 8:43sometimes he was kind of all over the
  249. 8:45place he sometimes he argued the
  250. 8:46confession never happened
  251. 8:48other times he argued well it happened
  252. 8:50but it was coerced that still other
  253. 8:51times he was arguing
  254. 8:53that it happened but it was false so
  255. 8:55you're already
  256. 8:56in a difficult spot just defending a
  257. 8:58case where there is a confession just
  258. 9:00just for to begin with there's a 80
  259. 9:02conviction rate but
  260. 9:04then when you're not going to allow your
  261. 9:05client to testify and you're gonna just
  262. 9:07throw
  263. 9:08all these different theories against the
  264. 9:10wall and hope that something sticks
  265. 9:12you know it's in a way it's not that
  266. 9:13surprising that i was uh wrongfully
  267. 9:15convicted
  268. 9:16exactly and and another thing is tape
  269. 9:19recordings
  270. 9:20they were all over and in all of these
  271. 9:22transcripts that i'm reading
  272. 9:24they talked about these transcripts the
  273. 9:26tape or the tapings the tape recordings
  274. 9:28were shut
  275. 9:29off and on multiple times with a huge
  276. 9:32space like
  277. 9:34and when you confessed
  278. 9:38everything prior to that was not on tape
  279. 9:41for a meaningful time time period they
  280. 9:43shut off those tapes
  281. 9:45multiple times there is no evidence of
  282. 9:48what
  283. 9:49how they coerced you but anybody
  284. 9:51especially like in a court system like a
  285. 9:53young man a young
  286. 9:55you weren't even a man you were a young
  287. 9:56boy
  288. 9:58no evidence the tapes are shut off
  289. 10:02at all of these like convincingly you
  290. 10:05know convincing
  291. 10:05areas why did you know these were being
  292. 10:09shut off at such a young age
  293. 10:11well i i did not used to clarify
  294. 10:13something so
  295. 10:14there was i had uh so there was like a
  296. 10:16six week
  297. 10:17run up to the coerced boss confession
  298. 10:20so i had a lot of interaction with the
  299. 10:22police and the
  300. 10:24the dynamic there would be first they
  301. 10:27would talk to me like a suspect
  302. 10:29and when they would push too hard and
  303. 10:31i'd become frightened and i'd want to
  304. 10:32get away from them
  305. 10:33that's when they would switch it up and
  306. 10:36jeff is this junior detective helper was
  307. 10:38the game that they were playing
  308. 10:40oh the kids won't talk freely around us
  309. 10:42they will around you
  310. 10:44let us know if you hear anything uh stop
  311. 10:46in from time to time
  312. 10:48they'd ask me opinion questions and
  313. 10:49congratulate me that my opinion was
  314. 10:52uh correct they did the good cop bad cop
  315. 10:54routine so i began to look up to the
  316. 10:56officer who was pretending to be my
  317. 10:58friend
  318. 10:59as a father figure which i was
  319. 11:01particularly vulnerable to because my
  320. 11:02own father had never been in my life in
  321. 11:04any aspect and
  322. 11:06prior to being a teenager i wanted to be
  323. 11:08a cop when i grew up
  324. 11:10so it was all during that six week run
  325. 11:12up to it that you correctly point out
  326. 11:14that you know the audio tape was uh
  327. 11:17being started and then stopped and i was
  328. 11:20not always aware
  329. 11:21of them doing that i was aware that they
  330. 11:24did it once but not
  331. 11:25after that but in terms of the day of
  332. 11:28the course
  333. 11:29confession none of that was audio tape
  334. 11:31not not not even a second uh
  335. 11:33of it you know there was no uh audio
  336. 11:35check there's no videotape there's no
  337. 11:38sign
  338. 11:38confession it's just the cops word for
  339. 11:40it and when they came
  340. 11:42to court they were able to leave the
  341. 11:43threat and false promise out
  342. 11:45so maybe this would be a good point just
  343. 11:47to take a brief minute or two
  344. 11:48just to provide some context so in terms
  345. 11:50of the day the course
  346. 11:52falls confession so first of all after
  347. 11:54that six weeks run up
  348. 11:56they got me to agree to take a polygraph
  349. 11:59by telling me that there was some new
  350. 12:01information that had come into the
  351. 12:02police file and they wanted to share
  352. 12:04that with me
  353. 12:05but i would first have to take and pass
  354. 12:07a polygraph
  355. 12:09so the next day rather than go to high
  356. 12:11school i went to the police station for
  357. 12:13this test
  358. 12:15my mother and grandmother whom i lived
  359. 12:17thought that i was in school because it
  360. 12:18was a school day
  361. 12:20they drove me from peak skill which is
  362. 12:21in westchester county new york they
  363. 12:23drove me
  364. 12:24across county lines 40 minutes away by
  365. 12:26car to the town of brewster in putnam
  366. 12:28county
  367. 12:29so now it means that i'm not able to
  368. 12:31leave on my own anymore i'm totally
  369. 12:33dependent on the police
  370. 12:35they even continue the psychological
  371. 12:38overreaching of me even in the car ride
  372. 12:40they
  373. 12:40they had me ride in the car by myself
  374. 12:43with the cop who was pretending to be my
  375. 12:45friend with the other two in
  376. 12:46in a different vehicle uh when i uh
  377. 12:50got there to the uh polygraph location
  378. 12:53it was in a private office it was not in
  379. 12:55a police station
  380. 12:56the polygrapher was dressed like a
  381. 12:59civilian
  382. 13:00uh he uh never identified himself as a
  383. 13:02police officer he never read me my
  384. 13:04rights
  385. 13:05there was no attorney present i i wasn't
  386. 13:07given anything to eat the whole time i
  387. 13:09was there
  388. 13:10they gave me a four-page brochure which
  389. 13:12explained how the polygraph worked
  390. 13:15uh but i had a lot of big words in it
  391. 13:16which i didn't understand
  392. 13:18of course but then i figured well i'm
  393. 13:20here to help the police so what does it
  394. 13:21matter let's just
  395. 13:22get on with it and from there they put
  396. 13:25me in a small room and
  397. 13:27the polygraph is gave me countless cups
  398. 13:29of coffee
  399. 13:30uh in order to get me nervous then he
  400. 13:32wires me up to this
  401. 13:34machine and then he launches into his
  402. 13:36third degree tactic so he invaded my
  403. 13:38personal space
  404. 13:39he raised his voice at me he kept asking
  405. 13:42me the same questions over and over
  406. 13:43again
  407. 13:44and as each hour passes by my fear
  408. 13:46increases in proportion
  409. 13:48to the time and he kept that up for six
  410. 13:50and a half to seven
  411. 13:52uh hours which by the way is more than
  412. 13:55double the maximum amount of time that
  413. 13:57even
  414. 13:58as unscientific as the polygraph is and
  415. 14:00it's not scientific at all in fact
  416. 14:02intelligence officers are even
  417. 14:04trained on how to beat the polygraph but
  418. 14:06even being unscientific it still has its
  419. 14:09own
  420. 14:09best practices or you know how it's
  421. 14:12supposed to be done and
  422. 14:13by him having me on that thing for six
  423. 14:16and a half to seven hours that was more
  424. 14:17than double
  425. 14:18the the the three hours that the most is
  426. 14:21the most they could see
  427. 14:22having somebody on it and he also did
  428. 14:25not
  429. 14:26uh or did not video or audio record it
  430. 14:29which was another
  431. 14:30requirement for that method of
  432. 14:31conducting the polygraph because there's
  433. 14:33such a high correlation
  434. 14:35between usage of the polygraph and
  435. 14:37coerced false confessions
  436. 14:39so he does that for six and a half to
  437. 14:40seven hours and towards the end he said
  438. 14:43what do you mean you didn't do it you
  439. 14:44just told me through the test result
  440. 14:46that you did
  441. 14:46we just want you to verbally confirm it
  442. 14:49and that really shot my fear to the roof
  443. 14:51and at that point it was the officer had
  444. 14:53been pretending to be my friend
  445. 14:54he came in the room and told me that the
  446. 14:56other officers were going to harm me but
  447. 14:58that he'd been holding them off but i
  448. 14:59can't do so
  449. 15:01indefinitely that i had to help myself
  450. 15:04then he added
  451. 15:04just you know say what just tell them
  452. 15:06what they want to hear and go home
  453. 15:08afterwards
  454. 15:09you're not going to be arrested being
  455. 15:11young naive
  456. 15:12frightened 16 years old not thinking
  457. 15:14about the long term
  458. 15:15just being concerned with my safety in
  459. 15:17the moment
  460. 15:18i was in fear of my life the fact that i
  461. 15:20didn't know where i was
  462. 15:22or where when no one else knew where i
  463. 15:24was either loomed quite large in my mind
  464. 15:26i was overwhelmed emotionally and
  465. 15:28psychologically
  466. 15:29and the possibility of harm and this
  467. 15:31false promise
  468. 15:32so the end result was i made up a story
  469. 15:34based on the information that they had
  470. 15:36given me
  471. 15:37by the time it was all said and done i
  472. 15:39collapsed on the floor into a fetal
  473. 15:40position and uh
  474. 15:41crying uncontrollably and obviously i
  475. 15:44was arrested
  476. 15:46at that point and they finally gave me
  477. 15:48something to eat after
  478. 15:49after going out there without eating
  479. 15:51anything
  480. 15:53that's incredible of course you were
  481. 15:54fearful of your life they were even
  482. 15:56the good cop was even telling you that i
  483. 15:59can't hold them back any longer and they
  484. 16:00want to do you harm like
  485. 16:03that's in the back of your mind too
  486. 16:04right absolutely yes it was
  487. 16:07that's incredible it was and i just
  488. 16:08wanted to get out of that i was
  489. 16:10desperate and by him throwing me that
  490. 16:11false promise i mean i
  491. 16:13i latched onto that it was down to that
  492. 16:15you know and
  493. 16:16that was a lie except i didn't realize
  494. 16:19that at the time
  495. 16:20i mean for somebody who's lived a life
  496. 16:23like a 40 year old 50 year old doesn't
  497. 16:25even matter for somebody who's lived
  498. 16:26life you know you might be able to hold
  499. 16:29out for a little bit longer but a 16
  500. 16:30year old boy
  501. 16:32okay for hours upon hours
  502. 16:35inside this room with people raising
  503. 16:37their voice threatening them
  504. 16:39good we couldn't even handle it now at
  505. 16:42our age
  506. 16:43let alone but that's not it that's not
  507. 16:46all jeffrey there was a ton of stuff
  508. 16:47like
  509. 16:48the courthouse cleaning crew like they
  510. 16:50inadvertently threw away many of the
  511. 16:52um of the much of the evidence right
  512. 16:55like
  513. 16:55yes yeah yeah let me explain that that's
  514. 16:58a wonderful point that you made
  515. 17:00uh so the victim's clothes including her
  516. 17:03bra had been admitted into
  517. 17:05evidence and the jury has to see the bra
  518. 17:08and that was important because one of
  519. 17:10the in one of the statements that they
  520. 17:11coerced out of me i
  521. 17:12said that i ripped her bra off which
  522. 17:14there's some bras that cannot be
  523. 17:16ripped off and so when the jury asked to
  524. 17:20see the bra that's when the judge said
  525. 17:22well the clothes uh including the bra
  526. 17:25had been left in the courtroom over the
  527. 17:27weekend and the janitors
  528. 17:29apparently thought it was trash and so
  529. 17:31it was thrown out
  530. 17:32oh my gosh and he substituted he refused
  531. 17:36to declare a mistrial
  532. 17:37and he substituted the bra which is no
  533. 17:41longer available with a photograph
  534. 17:43which he he the judge himself said
  535. 17:46uh quote unquote you can almost see the
  536. 17:49bra
  537. 17:49in it oh no
  538. 17:53wow that's incredible and you know all
  539. 17:56of these errors that the police and
  540. 17:58the prosecution and even your own lawyer
  541. 18:01not
  542. 18:02right sure all contributed to your
  543. 18:05conviction
  544. 18:05because 100
  545. 18:09let me just put a little bit more color
  546. 18:10to that and get into a few more of the
  547. 18:12specifics
  548. 18:12of that so in terms of the prosecutorial
  549. 18:15misconduct so
  550. 18:16one day before officially getting the
  551. 18:18dna test results
  552. 18:20back he rushed to the grand jury to
  553. 18:22indict me so that
  554. 18:23he didn't have to present that to the to
  555. 18:25the grand jury
  556. 18:27he the medic the medical ex once the dna
  557. 18:30didn't match me
  558. 18:31the medical examiner suddenly claimed
  559. 18:34that
  560. 18:35he just that he remembered that he
  561. 18:37forgot to document
  562. 18:38medical evidence that he said showed the
  563. 18:40victim had been promiscuous
  564. 18:42which is what opened the door for the
  565. 18:44prosecutor to argue
  566. 18:46that there must have been yet another
  567. 18:49person
  568. 18:49that she slept with prior to my
  569. 18:52murdering and raping her
  570. 18:53and taking it a step further he
  571. 18:56mentioned another youth by name that he
  572. 18:58claimed it had this encounter with the
  573. 19:00victim
  574. 19:00but much like the hair he again resorted
  575. 19:03to arguing by inference
  576. 19:05rather than by evidence he never
  577. 19:08got the dna sample from this other youth
  578. 19:11he never even called him as a witness he
  579. 19:13just made the unsupported argument to
  580. 19:14the jury
  581. 19:15and he got away with that because
  582. 19:18my my uh first of all my attorney should
  583. 19:21have my attorney was conflicted
  584. 19:22meaning that this other youth that the
  585. 19:24prosecutor was falsely saying had slept
  586. 19:26with the victim
  587. 19:28uh was rep was another member of that
  588. 19:30same public defender's office and
  589. 19:31specifically by the lawyer who was
  590. 19:33supposed to be supervising him on my
  591. 19:35case
  592. 19:36so that conflict prevented the defense
  593. 19:38from asking
  594. 19:39him for a dna sampler prevented the
  595. 19:41defense from calling him
  596. 19:43as a witness and another aspect of that
  597. 19:47was that the victim's family was not
  598. 19:49coming to court
  599. 19:50so they had no idea that her reputation
  600. 19:53was being trashed like that she wasn't
  601. 19:55promiscuous at all and in fact and they
  602. 19:58they knew that
  603. 19:59and the reason why i know that they knew
  604. 20:00that is because
  605. 20:02when the dna did not match me the police
  606. 20:06went back
  607. 20:07out into the field and they interviewed
  608. 20:0917 witnesses who
  609. 20:11knew the victim in one capacity or
  610. 20:13another and all of them told the police
  611. 20:15that there was no boyfriend there was no
  612. 20:17consensual sex
  613. 20:19but the police purposely did not
  614. 20:21document any of those witness
  615. 20:22interviews and as a result of that none
  616. 20:25of that was
  617. 20:26turned over uh to my attorney
  618. 20:30now speaking of my attorney in terms of
  619. 20:32his deficiencies
  620. 20:35rarely met with me whenever he would
  621. 20:36meet with me he was always shutting me
  622. 20:38up one time he told me he didn't care if
  623. 20:40i was guilty or innocent
  624. 20:42which is a hell of a thing to say uh
  625. 20:45then
  626. 20:46he never he literally never asked that
  627. 20:48medical examiner a single question
  628. 20:51never explained to the jury the
  629. 20:53significance of the dna not matching me
  630. 20:55never used that to challenge the uh the
  631. 20:58confession to argue it was coerced and
  632. 21:00false
  633. 21:01i mentioned about the conflict and
  634. 21:03lastly you know my attorney would not
  635. 21:05allow me to testify
  636. 21:07and then he was all over the place like
  637. 21:08i said before in terms of terms of
  638. 21:10his various arguments to the jury and so
  639. 21:13that along with all the other errors we
  640. 21:15talked
  641. 21:16about uh you know led to the wrongful
  642. 21:18conviction
  643. 21:20uh you know i just remember go ahead i'm
  644. 21:22sorry go ahead go i just remembered one
  645. 21:23more thing
  646. 21:24so not being content with having coerced
  647. 21:27the false confession out of me they also
  648. 21:29falsely attributed a statement to me
  649. 21:32what i mean by that
  650. 21:33is once the dna didn't match me
  651. 21:37suddenly the the police claimed that i
  652. 21:40said to them
  653. 21:41that i didn't know whether or not the
  654. 21:45uh what whether the perpetrator
  655. 21:47ejaculated or not
  656. 21:49and that word was not in my vocabulary
  657. 21:51as a 16 year old
  658. 21:53and when you look at their police
  659. 21:54reports
  660. 21:56that only appears in their police
  661. 21:58reports after the dna
  662. 22:00doesn't match me that did not appear in
  663. 22:02their reports
  664. 22:03prior to that so add it all
  665. 22:07up that was how i was wrongfully
  666. 22:09convicted
  667. 22:11yeah and as a 15 year old or 16 year old
  668. 22:1316 16 year old yeah
  669. 22:14as a 16 year old you know they're not
  670. 22:18your your attorney's going everywhere
  671. 22:20and he's not asking you he's shutting
  672. 22:22you up
  673. 22:24like i don't know if this is factual but
  674. 22:26it would appear to me
  675. 22:27that in those circumstances they
  676. 22:30wouldn't care anyway like you wouldn't
  677. 22:31have had a say even if you went up on
  678. 22:33stage on the stand
  679. 22:35which they did not allow you like you
  680. 22:37wouldn't really have had a said a say
  681. 22:39after all
  682. 22:40of this you know you couldn't go to your
  683. 22:42lawyer hey
  684. 22:43do this do that do this you're 16 years
  685. 22:45old yeah i
  686. 22:46clearly was in over my clearly in over
  687. 22:48my head never been arrested before
  688. 22:50i didn't fully understand what was going
  689. 22:53on and that was a situation
  690. 22:55that my attorney made worse because
  691. 22:58he would not allow my mother or any
  692. 23:00other adult
  693. 23:01to be in any of the conversations with
  694. 23:04him
  695. 23:04and i you know just yes for any of the
  696. 23:07strategic decisions such as
  697. 23:10whether to take the stand you know which
  698. 23:12i wanted to he wouldn't let me but then
  699. 23:13he gave me his rationale he said oh it's
  700. 23:15not up to me to prove you're innocent
  701. 23:17they gotta
  702. 23:18prove you're guilty but that's still a
  703. 23:20choice to make it's you still
  704. 23:22you know he's still taking a risk what
  705. 23:24you know both ways
  706. 23:25he would he wouldn't allow me to have
  707. 23:27the judgment of a mature adult
  708. 23:28in that conversation just like he would
  709. 23:31not allow me to have the
  710. 23:33input of a mature adult on the issue of
  711. 23:36whether to have a bench trial or a jury
  712. 23:40trial
  713. 23:41would you have known the difference back
  714. 23:43then um
  715. 23:45or if he explained it to me i might have
  716. 23:47but again that's where
  717. 23:49having an adult with me to further
  718. 23:50elaborate and
  719. 23:52and maybe the adult would have
  720. 23:54understood the implications
  721. 23:55more i probably i might have been able
  722. 23:57to get like a basic understanding but
  723. 23:59an adult would have understood the
  724. 24:01far-reaching implications assuming that
  725. 24:03he explained it to them correct
  726. 24:05but you know but you know he didn't he
  727. 24:08didn't allow that and
  728. 24:09speaking of that decision by the way i
  729. 24:11just remembered something which was
  730. 24:14when that decision was still up in the
  731. 24:16air even with my not being allowed to
  732. 24:18consult with an adult
  733. 24:19he came to my lawyer came to me one day
  734. 24:22and he told me
  735. 24:23that the judge came to him off the
  736. 24:25record and told him
  737. 24:27to pick a jury because he didn't want to
  738. 24:30be responsible for finding me not guilty
  739. 24:33wow so that wasn't proper for the judge
  740. 24:36to limit my decision that way
  741. 24:38and my lawyer was supposed to put that
  742. 24:40on the record and ask the judge to
  743. 24:42recuse himself because you know that
  744. 24:43sounds like this
  745. 24:45judge is letting the public pressure get
  746. 24:46to him and keeping in mind the context
  747. 24:49in which that i every time i
  748. 24:52made a court appearance it was this
  749. 24:54major media moment with
  750. 24:56virtually all the coverage from a guilt
  751. 24:57presumptive oriented perspective
  752. 25:00that's right that's right and there must
  753. 25:02have been a lot
  754. 25:03that oh my goodness i can't even imagine
  755. 25:05that as well the media
  756. 25:06the people with their cameras in your
  757. 25:08face you know at 16 years old
  758. 25:11i'm sure they're yelling i mean i watch
  759. 25:12movies so i'm sure it's not like that
  760. 25:14but they're yelling at you people
  761. 25:16it would have been terrifying it was
  762. 25:18very scary it was very scary to me so
  763. 25:20at that point i was 17 because i i
  764. 25:22turned 17 was before the trial
  765. 25:24it was still very very scary you know uh
  766. 25:27with with the media there and that
  767. 25:29you're seeing my own my name
  768. 25:30in newspapers you know for something you
  769. 25:34know
  770. 25:34like this you know being on the cover of
  771. 25:36newspapers
  772. 25:37you know it was uh it was a very very
  773. 25:39frightening out of control
  774. 25:41type of feeling and
  775. 25:44so and i read some information to
  776. 25:46jeffrey that new york
  777. 25:47is the third most dna exonerated
  778. 25:50state yes correct so
  779. 25:54what that tells me is if it's the third
  780. 25:57most
  781. 25:58exonerated state with from dna
  782. 26:03that means that that means it's the
  783. 26:04third the third so that that's another
  784. 26:07way of saying that
  785. 26:08you know at least as amongst the
  786. 26:10exonerated cases that
  787. 26:12new york wrongfully convicts uh fairly
  788. 26:14frequently
  789. 26:15fairly frequently and
  790. 26:18is it because you know people got to get
  791. 26:20voted into office so they have to close
  792. 26:22cases quickly you know there's
  793. 26:24there's a lot of speculation of why that
  794. 26:26can be well there's a multitude of
  795. 26:28reasons i mean what you just said is one
  796. 26:30reason i don't i don't think that that's
  797. 26:31the only reason
  798. 26:32or the rules in every instance but
  799. 26:34that's certainly an aspect of it
  800. 26:36uh another aspect would be uh tunnel
  801. 26:39vision
  802. 26:40which is when they when a conclusion is
  803. 26:42formed then working backwards and only
  804. 26:44trying to confirm that and
  805. 26:46ignoring evidence to the contrary or
  806. 26:48trying to explain it
  807. 26:49away in a in a way that just kind of
  808. 26:52defies
  809. 26:53uh logic and common sense such as the
  810. 26:55dna not matching me then we're going to
  811. 26:56go to a consensual sex theory
  812. 26:58and and promiscuity but the victim is
  813. 27:01leading a sheltered life and has no
  814. 27:03boyfriend but we're going to ignore that
  815. 27:05there has to be a way that
  816. 27:06just convicted this crime even though
  817. 27:09dna says it was not
  818. 27:11so tunnel vision but other things uh
  819. 27:14coerced false confessions you know we
  820. 27:16mentioned that at 25
  821. 27:18uh misidentification at 75 percent of
  822. 27:21the unapproved wrongful convictions
  823. 27:23lying informants at 15 bad lawyering
  824. 27:26which was certainly uh
  825. 27:28a factor in in in my case is uh
  826. 27:31prosecutorial misconduct is a
  827. 27:34factor that runs through nearly all
  828. 27:37of the wrongful convictions as an
  829. 27:38additional factor to the other things
  830. 27:40we've talked about
  831. 27:41uh forensic fraud which certainly was
  832. 27:44present in my case uh through the
  833. 27:47medical examiner and by the way we did
  834. 27:50find
  835. 27:50during the during the lawsuit process
  836. 27:53after i was exonerated that this medical
  837. 27:56examiner
  838. 27:57had altered his findings in three other
  839. 28:00cases
  840. 28:01in order to benefit the prosecution
  841. 28:03theory and in each one of those
  842. 28:05instances
  843. 28:06the prosecutor was the prosecutor in my
  844. 28:09case
  845. 28:09so they were used to tag teaming like
  846. 28:12that in an illegal fashion
  847. 28:14oh my gosh now i i don't know if you can
  848. 28:17answer this or not but those other three
  849. 28:18cases that you know of that you just
  850. 28:20mentioned
  851. 28:21um were they exonerated
  852. 28:24no they they have not been exonerated
  853. 28:26i'm not i'm not really clear whether
  854. 28:28those were
  855. 28:28right
  856. 28:31certainly at a minimum certainly at a
  857. 28:33minimum it's uh
  858. 28:35you could definitely say that none of
  859. 28:37them got
  860. 28:38a fair trial and actually one of the
  861. 28:40cases that i'm cold counsel on now which
  862. 28:43we'll maybe we'll get to a little bit
  863. 28:44later
  864. 28:45uh this medical examiner is present in
  865. 28:47that case
  866. 28:48and he altered his time of death and
  867. 28:51that had the impact of
  868. 28:53cancelling out the defendant's uh alibi
  869. 28:56oh my gosh yeah let's i want to get into
  870. 28:59a little bit of
  871. 28:59of a few different things here so and i
  872. 29:02know for
  873. 29:03lack of time i'm i don't want to feel
  874. 29:05like i'm rushing you but i
  875. 29:06i just want to know so much go ahead
  876. 29:08listen ask everything you want and uh if
  877. 29:11need be we could always do a part two
  878. 29:13i'm willing it's certainly up to you but
  879. 29:15i i
  880. 29:15i it's on the table on my end of it i
  881. 29:17would be willing to
  882. 29:19oh thank you so much for that one thing
  883. 29:21i want you to explain to my viewers and
  884. 29:23my listeners
  885. 29:24in case some of them don't know the
  886. 29:25difference because i didn't know the
  887. 29:26difference at one time
  888. 29:28the difference between being freed and
  889. 29:30exonerated
  890. 29:32so being exonerated is that the court
  891. 29:34recognized that you were innocent or you
  892. 29:36received a pardon from the governor
  893. 29:38on innocence grounds whereas being freed
  894. 29:42you might be freed because you got
  895. 29:44paroled
  896. 29:45or they have a lot of states have what's
  897. 29:47called a
  898. 29:48conditional release meaning that there's
  899. 29:50a time period where they
  900. 29:52unless you've done something to lose
  901. 29:54good time like say in the 5 to 15 like
  902. 29:56the mid
  903. 29:56that you know the the middle point would
  904. 29:58be about 10 years so that would be your
  905. 30:00conditional release so you could be
  906. 30:02out that way or you might have gotten
  907. 30:04out because the
  908. 30:05governor's office gave you a commutation
  909. 30:08i'll give you what's called clemency
  910. 30:09which means all right well we yeah you
  911. 30:12know there's some redeeming value in you
  912. 30:14you know and that we we think that
  913. 30:16merits you're doing less time than what
  914. 30:18you were sentenced to where
  915. 30:19sense could be modified through
  916. 30:21commutation or you might have been
  917. 30:22released
  918. 30:23uh because you maxed out you finished
  919. 30:25all the time either five to fifteen you
  920. 30:27somehow
  921. 30:28managed to do all 15 years and so you
  922. 30:31maxed out
  923. 30:32or you might even be released uh at a
  924. 30:34compassionate release whereby
  925. 30:36uh by coincidence you know your health
  926. 30:38has just deteriorated to a point where
  927. 30:41the president medical officials have
  928. 30:43determined that you're terminally ill
  929. 30:45and so you've applied to be released to
  930. 30:47compassionate relief so that you can
  931. 30:49die with a little bit of dignity with
  932. 30:50your friends and family in in
  933. 30:53the normal environment so you could have
  934. 30:55been out on any of those
  935. 30:57uh any of those ways but not exonerated
  936. 31:00or maybe your conviction was even
  937. 31:02overturned
  938. 31:03but rather than you being exonerated or
  939. 31:06going to trial and winning
  940. 31:08they offered you a plea bargain and you
  941. 31:10know just plead guilty to this and will
  942. 31:12release you right away
  943. 31:14and so you could be out that way but not
  944. 31:16exonerated
  945. 31:18right exonerated you were found innocent
  946. 31:21of a crime
  947. 31:22correct not commit but you were
  948. 31:24convicted of or charged of yeah
  949. 31:27that's incredible and you had made a
  950. 31:30comment
  951. 31:31and it's a quote that i took from you
  952. 31:34and
  953. 31:35i don't remember where it was forgive me
  954. 31:37but i it is a quote from you
  955. 31:39yeah and it says i don't get angry at
  956. 31:41what happened to me
  957. 31:42because if i did that would be like
  958. 31:45giving them the rest of my life
  959. 31:47and they already took enough from me
  960. 31:50instead
  961. 31:51i take that energy that i otherwise
  962. 31:52would feel
  963. 31:54and that drives me in my quest in my
  964. 31:56life-long struggle against
  965. 31:58wrongful convictions when i first read
  966. 32:01that quote from you jeffrey i actually
  967. 32:05i actually teared up because in my head
  968. 32:09i was thinking
  969. 32:10how angry you must be
  970. 32:13because some of the most important years
  971. 32:17of a human being's life you have
  972. 32:21your young teenage your young adult and
  973. 32:23your adult life like
  974. 32:25yes there are some who spend many many
  975. 32:28more years but
  976. 32:30you spent very very like where you're
  977. 32:34learning everything and everything
  978. 32:35changes in society i was thinking to
  979. 32:38myself
  980. 32:39those words are so humbling i didn't get
  981. 32:42angry because if i did
  982. 32:45i'd be giving them the rest of my life
  983. 32:47and they already took enough
  984. 32:49that does not come easily for most
  985. 32:52people to get to that
  986. 32:53place how did you get there well my
  987. 32:56first week home i was angry and
  988. 32:59at the end of the week i mean i felt
  989. 33:01like it was destroying me and
  990. 33:03and you know and i figured well you know
  991. 33:05i want to enjoy my life as much as i can
  992. 33:07i can't do that if i'm angry or bitter
  993. 33:10if i was to be angry it's not like i'm
  994. 33:14impacting the people who were
  995. 33:15responsible and and you know the other
  996. 33:18line of reasoning also which which you
  997. 33:20quoted also you know
  998. 33:21went through my mind as well so that was
  999. 33:24kind of how i got this so
  1000. 33:26maybe a month before i
  1001. 33:29was uh released uh whereby my conviction
  1002. 33:32was overturned and then i
  1003. 33:34wound up going back to court and where i
  1004. 33:36was exonerated they dismissed everything
  1005. 33:38on actual innocence grounds but a month
  1006. 33:40before the conviction was overturned
  1007. 33:42i saw on the television that there was
  1008. 33:45another prisoner named alan newton who
  1009. 33:47had been exonerated through dna
  1010. 33:49testing and in his press conference he
  1011. 33:52said that he was not angry
  1012. 33:53and at the time i thought that was like
  1013. 33:55the silliest thing ever
  1014. 33:57and you know but after that first week
  1015. 34:00of being home and being angry and
  1016. 34:01nearly destroying me you know i
  1017. 34:04remembered that i hearkened back to that
  1018. 34:06and
  1019. 34:06hence my coming up with those multiple
  1020. 34:09line of reasonings
  1021. 34:10all in that same uh direction
  1022. 34:13yeah and i want to get into in a few
  1023. 34:16seconds in a few minutes as well that
  1024. 34:17whole thing how you were exonerated
  1025. 34:19what happened leading up to that but
  1026. 34:23something that we don't know because we
  1027. 34:26can only know what we read
  1028. 34:28about your case sure so what we don't
  1029. 34:30know and
  1030. 34:31again i struggled with what to ask
  1031. 34:34because i don't want to
  1032. 34:36like my ignorance and all of that could
  1033. 34:38just
  1034. 34:39no feel free to ask whatever you like if
  1035. 34:41you're afraid to ask whatever you like
  1036. 34:42i'm very transparent and you know if you
  1037. 34:44do ask me something that i haven't
  1038. 34:46gotten
  1039. 34:49i appreciate that so look feel free to
  1040. 34:51ask whatever you want okay
  1041. 34:53well 15 16 years old 17 by the time you
  1042. 34:56were you went into prison
  1043. 34:57um so first of all did they put you in
  1044. 35:00an adult prison at 17
  1045. 35:02they did they put you right in with
  1046. 35:05maximum security people like people who
  1047. 35:07have done atrocious things in life
  1048. 35:09yes because i had been charged as an
  1049. 35:11adult tried as an adult sentence as an
  1050. 35:13adult and therefore it followed that i
  1051. 35:15would be sent to an adult
  1052. 35:16maximum security prison yes and how okay
  1053. 35:20how terrifying was that when you you go
  1054. 35:21through that
  1055. 35:23you know yeah actually how are you
  1056. 35:24device you do they still do that stuff
  1057. 35:26they still do that stuff yes back then
  1058. 35:28delights you shower you check you do all
  1059. 35:30of those
  1060. 35:32very personal things to your body um
  1061. 35:35give you your clothes and whatever it is
  1062. 35:36you're going to be needing
  1063. 35:38like how terrified was it
  1064. 35:41walk us through that just for like just
  1065. 35:43for a couple of moments of your of your
  1066. 35:45memory
  1067. 35:46yeah well it was it was terrifying i
  1068. 35:48mean they gathered all of us together in
  1069. 35:50this one
  1070. 35:50uh in this one area and you know they
  1071. 35:53they ordered us to take all of our
  1072. 35:54clothes off so they could do the
  1073. 35:56good do the the de-licing and so that
  1074. 35:58was an unusual thing
  1075. 36:00uh for me as well just to be naked in
  1076. 36:03front of all these other uh
  1077. 36:04you know men and then the the lysing i
  1078. 36:07mean i remembered that smell stayed in
  1079. 36:09my head
  1080. 36:10for months i couldn't get it out even
  1081. 36:12though i was
  1082. 36:13you know showering and using shampoo
  1083. 36:16so that all of that all that was
  1084. 36:18frightening and even just the fact of uh
  1085. 36:21you know how medicine the barbed wire
  1086. 36:23appeared how large the prison wall
  1087. 36:25loomed
  1088. 36:26and uh the idea of being in prison were
  1089. 36:29the ceos were in charge so in the county
  1090. 36:32jail i was kept in the
  1091. 36:33mental health wing of the of the prison
  1092. 36:36where they were correction officers but
  1093. 36:37they
  1094. 36:38really weren't in charge the civilian
  1095. 36:40mental health staff were in charge and
  1096. 36:42the
  1097. 36:43guards had a secondary role just in
  1098. 36:45terms of security but
  1099. 36:46you know it was a minimal amount of
  1100. 36:48interaction whereas in a prison the
  1101. 36:50correction officers are all
  1102. 36:52in in charge and you know that in and of
  1103. 36:55itself was kind of a frightening
  1104. 36:56prospect and then
  1105. 36:58being in uh you know not being used to
  1106. 37:01being in the prison
  1107. 37:02walls i mean i felt claustrophobic there
  1108. 37:05and
  1109. 37:05in that reception center downstate
  1110. 37:07correctional facility which is uh when i
  1111. 37:09say reception that's the first state
  1112. 37:11facility that you're
  1113. 37:12sent to that i was sent to prior to
  1114. 37:15going to a different prison and that's
  1115. 37:16where they issue the supplies they
  1116. 37:18delicious
  1117. 37:19you know they do they do uh medical and
  1118. 37:21mental health observation and then they
  1119. 37:24try to uh an assessment and they try to
  1120. 37:25determine what facility you're going to
  1121. 37:27be sent to
  1122. 37:28originally so in that particular prison
  1123. 37:32they had what was called a live count
  1124. 37:34meaning that
  1125. 37:35five times a day they would come around
  1126. 37:38and you would have to be fully dressed
  1127. 37:40standing up at the door with your lights
  1128. 37:43on
  1129. 37:43so you really it made it very difficult
  1130. 37:46even just to sleep right you know
  1131. 37:49because you could never really relax
  1132. 37:51there because you if you're sleeping
  1133. 37:52when they come around
  1134. 37:54you you could get in a lot of trouble
  1135. 37:55for doing that wow and
  1136. 37:57and the other prisoners the men that
  1137. 37:59were there with you
  1138. 38:00did you did you have anybody that took
  1139. 38:02you under their wing
  1140. 38:04did you i mean you were there for 16
  1141. 38:06years so
  1142. 38:07maybe younger ones came in after you
  1143. 38:09that you took under your wing how did
  1144. 38:11that all right so both of those
  1145. 38:12yeah that wouldn't be fair to say so
  1146. 38:13that both of those things
  1147. 38:15both of those things uh happen at
  1148. 38:17various times and
  1149. 38:18in various uh various ways i mean
  1150. 38:21sometimes the people that
  1151. 38:22took me under their wing it was that
  1152. 38:25they gave me some advice here
  1153. 38:26and there it's not like they were my
  1154. 38:28protector 24 hours a day it wasn't
  1155. 38:30on that level i mean that happened
  1156. 38:32sometimes that never ever actually
  1157. 38:34happened um for me
  1158. 38:35but uh but people did you know educate
  1159. 38:38me they kind of schooled me on you know
  1160. 38:39various prison survival
  1161. 38:41you know tactics things like we know
  1162. 38:43when you're in your cell don't don't
  1163. 38:44talk out of yourself some people do that
  1164. 38:47but you know you
  1165. 38:48you never know who you're talking to or
  1166. 38:50someone might jump into the conversation
  1167. 38:52and don't ask anybody for anything don't
  1168. 38:54let anybody
  1169. 38:55take anything you know from you don't
  1170. 38:57don't try to be don't try to be popular
  1171. 38:59or over overly familiar and
  1172. 39:01you know don't don't get you know you
  1173. 39:03don't want to gamble or get involved
  1174. 39:04into
  1175. 39:05uh borrowing something for somebody or
  1176. 39:08get into a discussion about what's going
  1177. 39:10to be watched on the television or not
  1178. 39:13right you know and even trying to
  1179. 39:16identify
  1180. 39:17you know which people around you or in
  1181. 39:19what gangs and steering clear of them
  1182. 39:21because
  1183. 39:22you know if you're hanging out with
  1184. 39:24somebody that could
  1185. 39:25draw you into something that you don't
  1186. 39:27want to be involved in
  1187. 39:29that's right wow there's a lot to know
  1188. 39:32there's a lot to know did you take a lot
  1189. 39:34of time to just observe
  1190. 39:36and just did yeah because i did even
  1191. 39:39when there was somebody
  1192. 39:41new in one or if i moved to one gallery
  1193. 39:43or some one different cell block or
  1194. 39:45another which is kind of like moving
  1195. 39:46from one city to the
  1196. 39:48nexus for um listeners you know uh
  1197. 39:52you know i would study my environment
  1198. 39:53for several months before
  1199. 39:55you know studying an individual for
  1200. 39:56several months even before i even just
  1201. 39:58said hello or said anything to them
  1202. 40:00yeah but did you develop friendships as
  1203. 40:03best you can yeah as
  1204. 40:05best i could i mean uh i mean i looked
  1205. 40:07at it more as activity partners but yeah
  1206. 40:09i mean there's a general
  1207. 40:10rule in prison you don't have any
  1208. 40:11friends in prison that's a general rule
  1209. 40:13i broke that rule a few times but
  1210. 40:15but more than that you more have like
  1211. 40:17activity partners but there's a whole
  1212. 40:19set of people that
  1213. 40:20i used to play basketball with it was a
  1214. 40:23different set of people that i would
  1215. 40:25play spades with a different set of
  1216. 40:26people i'd play chess with
  1217. 40:28and another sort of people that i would
  1218. 40:30play ping-pong and still another set of
  1219. 40:32people that
  1220. 40:33were sports affectionately so we might
  1221. 40:36you know watch sports on television or
  1222. 40:38you know talk sports a little bit
  1223. 40:40right and did what about um fightings
  1224. 40:43did you get it in
  1225. 40:44any fights or yeah yes i i did maybe
  1226. 40:47like maybe like six or seven times i you
  1227. 40:49know i got
  1228. 40:50i peed up i was you know because i was i
  1229. 40:52was a young kid in a
  1230. 40:53present it was you know i mean i got
  1231. 40:55into my mid twenties i mean i developed
  1232. 40:57that i
  1233. 40:58got a little stronger i got a little
  1234. 40:59wiser and here and there i would
  1235. 41:01come up with a victory at you but in
  1236. 41:03general i'm not a fighter
  1237. 41:05i'm not a fighter that's not who i am
  1238. 41:06i'm not going to portray that so
  1239. 41:08you know more often than not i i lost
  1240. 41:10but i always did the best that i could
  1241. 41:12yeah and what about visitors jeffrey did
  1242. 41:14your mom because you said your mom and
  1243. 41:15grandmother right
  1244. 41:17yeah so yes i did so my my mother used
  1245. 41:20to come
  1246. 41:21a couple of times you know once or twice
  1247. 41:23a month but that was uh
  1248. 41:24my grandmother would accompany her but
  1249. 41:26that that was initially uh
  1250. 41:28so grandma actually passed away uh after
  1251. 41:32uh five years five or six years while i
  1252. 41:34was in prison
  1253. 41:35so obviously that meant that she wasn't
  1254. 41:36coming anymore uh the
  1255. 41:38last five or six years uh my mother came
  1256. 41:41like once every
  1257. 41:42six months if i was lucky i had several
  1258. 41:45sets of aunts and uncles that would
  1259. 41:48you know visit disappear for three years
  1260. 41:50visit disappear for three years
  1261. 41:52uh my brother who was three and a half
  1262. 41:54years younger than me
  1263. 41:57came three maybe three times in 16 years
  1264. 41:59not at all in the last decade
  1265. 42:02i had two friends that came to visit me
  1266. 42:04one person
  1267. 42:05came one time and that was it never saw
  1268. 42:07him again
  1269. 42:09and i had another friend that stayed in
  1270. 42:11touch with me that
  1271. 42:13it would come up periodically but that
  1272. 42:16was
  1273. 42:16for five years and then that then he
  1274. 42:18went into the military and we lost touch
  1275. 42:20so
  1276. 42:21uh based on all of that uh if i was to
  1277. 42:23summarize i would say
  1278. 42:25that while not literally uh in many
  1279. 42:29ways uh i essentially did the time by
  1280. 42:31myself
  1281. 42:34now that's pretty lonely but yeah let me
  1282. 42:37ask you were you able to
  1283. 42:38forgive because i'm pretty sure you're
  1284. 42:41probably a little bit angry at first
  1285. 42:42right i
  1286. 42:43i certainly was i was angry at first
  1287. 42:46yeah and i
  1288. 42:47really wasn't even really aware that i
  1289. 42:49was it only kind of
  1290. 42:50came out as i would meet up with them in
  1291. 42:53person
  1292. 42:54after after i was exonerated came out
  1293. 42:57so i didn't yeah so that's how that but
  1294. 43:00you know one um
  1295. 43:00going back to the friend question there
  1296. 43:02was a there was definitely a friendship
  1297. 43:04that i did make while i was in prison
  1298. 43:06that was uh
  1299. 43:07with a prisoner named frank sterling and
  1300. 43:10uh
  1301. 43:10once uh frank was also innocent and so
  1302. 43:13once every six weeks we would get
  1303. 43:15together and
  1304. 43:16try to keep each other going morale wise
  1305. 43:19and we would also brainstorm about what
  1306. 43:21the
  1307. 43:22next move was to make to try to overturn
  1308. 43:25the conviction and
  1309. 43:26regain our freedom and you know frank
  1310. 43:28was ultimately exonerated through dna
  1311. 43:30testing um
  1312. 43:31after 18 years in prison so a couple
  1313. 43:33years after
  1314. 43:34me uh and lastly
  1315. 43:37yeah definitely it really uh it
  1316. 43:40was kind of unknown it's kind of unusual
  1317. 43:42in a way
  1318. 43:44but the last thing i'll say is uh last
  1319. 43:46couple years just desperate for outside
  1320. 43:48contact because of the lack of visitors
  1321. 43:51i did
  1322. 43:51place an ad in a small newspaper um
  1323. 43:55actually in california in sacramento b
  1324. 43:57and
  1325. 43:58i was looking for a pen pals just
  1326. 44:00desperate for contact with the outside
  1327. 44:02but
  1328. 44:02i also had the ulterior motive i was
  1329. 44:04hoping that at some point
  1330. 44:06they would ask me well what are you
  1331. 44:07doing in there by the way
  1332. 44:09and that would be my chance to explain i
  1333. 44:11was innocent and
  1334. 44:12you know maybe they would believe me and
  1335. 44:15they could help build a bridge between
  1336. 44:17me
  1337. 44:17and the necessary legal uh help that i
  1338. 44:20needed to be exonerated i mean i had
  1339. 44:21read that that had happened in
  1340. 44:23a number and other uh wrongful
  1341. 44:25conviction cases so i was trying to do
  1342. 44:27the same thing
  1343. 44:29and uh so there was somebody who who
  1344. 44:32wrote me uh his name was um scott kiley
  1345. 44:34and
  1346. 44:34we used to we i was openly asking the
  1347. 44:37stranger
  1348. 44:38that i didn't know from anywhere and i
  1349. 44:41was openly asking him
  1350. 44:42uh in the last couple years look should
  1351. 44:44i just quit should i give up
  1352. 44:46should i just kill myself and be done
  1353. 44:48with this i'm never going to get out of
  1354. 44:49here
  1355. 44:50and you know so he kind of showed up
  1356. 44:53at the right moment right at the end
  1357. 44:55just as i was
  1358. 44:57about at the end of my rope
  1359. 45:01wow that's amazing
  1360. 45:04and i mean we do hear stories of
  1361. 45:08you know pen pals and you know women who
  1362. 45:11really love to fall in love with men in
  1363. 45:13i was never so lucky with that i did
  1364. 45:16fantasize about that i did fantasize
  1365. 45:18about that for sure
  1366. 45:20and there were you know in my own mind
  1367. 45:22while i was in prison i mean um
  1368. 45:24i kind of uh i kind of rotated schools
  1369. 45:27of thought on that so
  1370. 45:29uh there was one line of reasoning where
  1371. 45:32you know i thought well
  1372. 45:33you know i'm probably not going to find
  1373. 45:36somebody of the caliber that i would
  1374. 45:37want to be involved with i'm
  1375. 45:39from on the outside and i can't really
  1376. 45:41see stringing along somebody or using
  1377. 45:43them
  1378. 45:44and tying them up for however many years
  1379. 45:46this lasts
  1380. 45:47and then when i go home if i'm not you
  1381. 45:49know if it's not up to par
  1382. 45:51i'm not gonna just be miserable the rest
  1383. 45:52of my life so i i don't have the heart
  1384. 45:54to use people okay i don't
  1385. 45:56i used to see it happening all the time
  1386. 45:58but i didn't have the heart to do it so
  1387. 46:01that was my main line of reasoning on
  1388. 46:03that but listen don't get me wrong there
  1389. 46:05were other times when
  1390. 46:06other people were going on visits and
  1391. 46:09getting
  1392. 46:09you know they were making phone calls
  1393. 46:11they were getting letter letters uh
  1394. 46:13money was sent into them they were going
  1395. 46:15on visits and they were
  1396. 46:16getting food packages they even had
  1397. 46:18conjugal visits in
  1398. 46:20new york state so whereby uh you know if
  1399. 46:22you're married uh you
  1400. 46:24they could come up on a friday morning
  1401. 46:25and they would be with you live with you
  1402. 46:27on the
  1403. 46:28there was trailers located on the prison
  1404. 46:30grounds and they would be there until
  1405. 46:32sunday morning so there were plenty of
  1406. 46:34times where other people were doing
  1407. 46:35those things and i felt like the biggest
  1408. 46:37fool in the world
  1409. 46:38with me in my line of reasoning so uh
  1410. 46:40yeah at times i did
  1411. 46:42think about it but and i did place uh
  1412. 46:45you know i did place some ads and papers
  1413. 46:47and they had websites at friends beyond
  1414. 46:49the wall and other
  1415. 46:51other made pen you know pen pals and all
  1416. 46:54these different places and i
  1417. 46:55i tried well i i tried putting ads and
  1418. 46:58everything
  1419. 46:59uh but nobody ever actually responded to
  1420. 47:01me uh
  1421. 47:02in in that in that way so i i i
  1422. 47:05somebody another person actually uh i
  1423. 47:07consulted with somebody once that had
  1424. 47:09done that successfully like a number of
  1425. 47:11times
  1426. 47:13so i asked him well look here's my i'm
  1427. 47:15not getting a response
  1428. 47:17man what do you think here here's my ad
  1429. 47:19you seem to you seem to know what you're
  1430. 47:20doing you seem to have gotten this thing
  1431. 47:22down
  1432. 47:23you know this guy had like a whole huge
  1433. 47:25big two
  1434. 47:26several big uh uh see-through
  1435. 47:29garbage bags full of letters from so
  1436. 47:32many people it was
  1437. 47:33ridiculous uh so yeah uh he didn't see
  1438. 47:37anything wrong with the ad he came up
  1439. 47:38with a theory which i think was right
  1440. 47:41in which he said uh look i think that
  1441. 47:44what's happening is these
  1442. 47:45women are they're searching and
  1443. 47:47determining what you're incarcerated for
  1444. 47:50and they see that one of your charges is
  1445. 47:52the rape right if it was just the murder
  1446. 47:54you'd be good to go
  1447. 47:55you know but uh yeah so because of that
  1448. 47:58you know i think that that's why
  1449. 47:59nobody's answering you
  1450. 48:01you know so uh yeah so that uh that was
  1451. 48:04my whole uh
  1452. 48:05thing in terms of that yeah
  1453. 48:08it would have been nice it would have
  1454. 48:10been nice don't get me wrong
  1455. 48:12uh at the same time though you know i
  1456. 48:13have seen the other end of that so
  1457. 48:16i know a bunch of exonerees now and even
  1458. 48:19people on parole
  1459. 48:21and they're caught in this ult this
  1460. 48:24horrible dilemma because because
  1461. 48:28they're with somebody now that in a way
  1462. 48:30they feel a debt to
  1463. 48:32because that person did hang out with
  1464. 48:34them for like
  1465. 48:35years on end they did help them and so
  1466. 48:38they do appreciate that there is that
  1467. 48:40loyalty aspect to it
  1468. 48:42but on the other hand you know they're
  1469. 48:45not really happy with that person that's
  1470. 48:46not who's satisfying them and
  1471. 48:48not enough of the different levels and
  1472. 48:50so you know what do i
  1473. 48:51what do i do now oh wow you know and so
  1474. 48:54i i
  1475. 48:55people have been caught in that in that
  1476. 48:57dilemma and
  1477. 48:58some some of the people uh you know
  1478. 49:00through the conjugal visits they
  1479. 49:02actually have children
  1480. 49:03with them so that complicates things
  1481. 49:05even more
  1482. 49:06wow yes oh my gosh there's just so many
  1483. 49:09facets to it isn't there
  1484. 49:11yes there really is but i've no one's
  1485. 49:14ever asked me about that
  1486. 49:16before by the way so i kind of enjoyed
  1487. 49:18sharing that aspect of my experience and
  1488. 49:20the different lines of reasoning and
  1489. 49:22all that stuff you know when people
  1490. 49:24going on conjugal visits and i'm just
  1491. 49:26sitting there myself for the afternoon
  1492. 49:28on a saturday i felt like the biggest
  1493. 49:30idiot in the world you know
  1494. 49:31watching their trailer rock and when
  1495. 49:33you're like yeah whatever
  1496. 49:34[Laughter]
  1497. 49:38right but uh i'm happy with how that
  1498. 49:41turned out by the way i don't have to
  1499. 49:42deal with that complication
  1500. 49:44right so you don't have to have those
  1501. 49:45regrets or those yeah exactly
  1502. 49:48so okay let's go to because there's a
  1503. 49:50few things i still want to get in and if
  1504. 49:52we do it part two that's fine too
  1505. 49:54sure i want to get into where you are
  1506. 49:57today
  1507. 49:58with your career which i i'm just so
  1508. 50:01ecstatic about
  1509. 50:02for you but i also want to get into now
  1510. 50:06leading up to it okay so you had alluded
  1511. 50:08to fact that you were losing hope
  1512. 50:11yes you're at the end of your rope you
  1513. 50:13know years are going by
  1514. 50:15you don't have a lot of visitors from
  1515. 50:17time to time but nothing to really
  1516. 50:19touch that innate thing that we have
  1517. 50:21exactly humans right connected
  1518. 50:24yes yes so within this time like your
  1519. 50:27lawyer did
  1520. 50:28like a subpar i want to see terrible job
  1521. 50:30because you ended up in prison
  1522. 50:32did he come in did you have another
  1523. 50:34lawyer like how did you
  1524. 50:37fight for this like you started reading
  1525. 50:38law books in there yeah yeah i got you i
  1526. 50:40understand your question yeah so
  1527. 50:42i started going to the law library so
  1528. 50:44here's where somebody like pulled me
  1529. 50:45aside and said look
  1530. 50:47i have a paid lawyer you know i have one
  1531. 50:49of the best lawyers of all time he
  1532. 50:51actually had william the famous civil
  1533. 50:52rights
  1534. 50:53lawyer uh william consular um back when
  1535. 50:55he was still alive
  1536. 50:56he said look i have william cunsler as
  1537. 50:59my lawyer
  1538. 51:00and even i don't rely exclusively on him
  1539. 51:02okay you have a public defender
  1540. 51:04someone much less skillful so it's even
  1541. 51:06more critical for you
  1542. 51:08to go to the law library to learn the
  1543. 51:10laws that you can give suggestions that
  1544. 51:12you can keep up to date on
  1545. 51:13what the latest decisions are that may
  1546. 51:16have some implication for your case
  1547. 51:19so i did start going to the law library
  1548. 51:22and learning learning the law and that
  1549. 51:24did give a sense of comfort and
  1550. 51:26empowerment
  1551. 51:27and right then i also started collecting
  1552. 51:30articles about
  1553. 51:31people who were exonerated and
  1554. 51:34there was a number of reasons for that i
  1555. 51:36mean it the main reason really was
  1556. 51:38i wanted to see what route did they take
  1557. 51:40and who actually helped them
  1558. 51:42as another person to reach out to but i
  1559. 51:45suppose an additional benefit to that
  1560. 51:47was that it was uh inspirational you
  1561. 51:50know it or
  1562. 51:51you know would continue urged me to
  1563. 51:53continue
  1564. 51:54but but that became a double-edged sword
  1565. 51:56too because i initially
  1566. 51:58when i would read about that i would
  1567. 52:00like imagine that what the scene might
  1568. 52:02look like right outside
  1569. 52:04the prison gate and the celebration so i
  1570. 52:06kind of vicariously celebrate
  1571. 52:08with them but at the same time many of
  1572. 52:11those people were being exonerated by
  1573. 52:13dna and so at some point my mind would
  1574. 52:16shift
  1575. 52:17and then i would start to feel
  1576. 52:18frustrated because well what about me
  1577. 52:20i'm innocent too the dna doesn't match
  1578. 52:23me
  1579. 52:24why should i be an exception right
  1580. 52:27so that part of it was another thing but
  1581. 52:30uh belief in god was one thing another
  1582. 52:32thing
  1583. 52:32was that in my mind i wasn't and i broke
  1584. 52:35everything down to something manageable
  1585. 52:37like
  1586. 52:37in my mind i wasn't serving a 15 to life
  1587. 52:40sentence
  1588. 52:40i thought that i was just doing a year
  1589. 52:42or two till the next appeal
  1590. 52:44which i was sure i was going to win
  1591. 52:46because i was innocent
  1592. 52:47uh so there was that you want to ask a
  1593. 52:49question on that sorry i just wanted i'm
  1594. 52:51sorry for interrupting you but
  1595. 52:53so you thought you were okay year so did
  1596. 52:55was that here
  1597. 52:56for the next appeal so every year that
  1598. 52:58passed by or two for the next day every
  1599. 53:00couple of years so
  1600. 53:01for the next 11 years for the next 11
  1601. 53:03years that got seven appeals got me
  1602. 53:04through 11 years
  1603. 53:05yes oh wow okay okay and another thing
  1604. 53:09also uh was i engage i need i was
  1605. 53:13desperate
  1606. 53:14to get out of the prison for a couple of
  1607. 53:15hours mentally so i
  1608. 53:17engaged in this elaborate delusion when
  1609. 53:19i would play basketball or chess or ping
  1610. 53:21pong and i would pretend
  1611. 53:23like i was a professional player and so
  1612. 53:25are the other people
  1613. 53:26but it wasn't really like kids fooling
  1614. 53:28around on a playground someplace i mean
  1615. 53:29this was more that
  1616. 53:31this is defense mechanism and you know
  1617. 53:33and then youth the role of euphemism so
  1618. 53:35it's not
  1619. 53:36the prison warden it's the
  1620. 53:37superintendent right it's uh
  1621. 53:39not the guards it's the correction
  1622. 53:41officers and i'm not
  1623. 53:43going to my prison assignment in the
  1624. 53:45morning or in the afternoon i'm going
  1625. 53:47to school or i'm going to work another
  1626. 53:50thing
  1627. 53:51was that when i listened to sports talk
  1628. 53:53radio i mean it wasn't really sports
  1629. 53:55talk radio that was a lifeline
  1630. 53:57to the outside uh in 1998 they allowed
  1631. 54:01us to purchase televisions for
  1632. 54:03in-cell usage in elmira correctional
  1633. 54:05facility and
  1634. 54:06for the most part my tv stayed off
  1635. 54:08because i was
  1636. 54:09doing legal work and i was writing
  1637. 54:11letters and the letter writing comes in
  1638. 54:13because
  1639. 54:14once your appeals are over the only way
  1640. 54:16back into court
  1641. 54:17is if you can find new evidence that
  1642. 54:21probably would have led to a different
  1643. 54:22outcome and so because i had no money to
  1644. 54:24hire an attorney or an investigator
  1645. 54:27hence the letter writing campaign so for
  1646. 54:29those two reasons
  1647. 54:30plus from 1998 to 2006 i read three or
  1648. 54:34four non-fiction books a week
  1649. 54:36so those are the things that i primarily
  1650. 54:38did while i was in myself
  1651. 54:40having said that when i purchased the
  1652. 54:43television there were a few
  1653. 54:45programs that i watched on a weekly
  1654. 54:47basis
  1655. 54:48and again i did another delusion so i
  1656. 54:51would watch like a program and i would
  1657. 54:53pretend like i was visiting with friends
  1658. 54:56uh there was the pen pal i mentioned the
  1659. 54:57other uh frank
  1660. 54:59so all those were and the last thing i
  1661. 55:01mentioned is that
  1662. 55:02i collected i sometimes collected
  1663. 55:06uh pictures of various nature scenes and
  1664. 55:09there was a square
  1665. 55:10box on one of the prison walls where per
  1666. 55:13prison rules
  1667. 55:14you were allowed to hang things up there
  1668. 55:16and so
  1669. 55:17i would use this awful toothpaste that
  1670. 55:20the state made and provided you with
  1671. 55:22i would use it as like a glue as an
  1672. 55:24adhesive uh
  1673. 55:25to uh tape up all these nature pictures
  1674. 55:29and sometimes i would kind of travel
  1675. 55:31there
  1676. 55:32mentally so all those things were how i
  1677. 55:34got through
  1678. 55:36i had to keep fighting off feelings of
  1679. 55:38hopelessness helplessness thoughts of
  1680. 55:39giving up
  1681. 55:40suicidal ideation you know it was it was
  1682. 55:43as much a
  1683. 55:44psychological and emotional battle as as
  1684. 55:47it was actually in
  1685. 55:48in the courts well i'm really thankful
  1686. 55:51that you had that kind of imagination in
  1687. 55:53that
  1688. 55:54mindset because this is the devil's
  1689. 55:57playground
  1690. 55:58right and yes it's the only place he can
  1691. 56:01get in
  1692. 56:02to discourage us and so the fact that
  1693. 56:05you were able to and i'm not i'm sure it
  1694. 56:07didn't happen
  1695. 56:08all the time for 16 years i'm sure there
  1696. 56:10are times that you
  1697. 56:11you know gave him a foothold in there
  1698. 56:13but yeah of course the fact that you
  1699. 56:15yeah the fact that you were able to put
  1700. 56:17your mind in these different places i
  1701. 56:19think that's amazing and that's
  1702. 56:21really good technique for other people
  1703. 56:24not just in prison but anywhere in life
  1704. 56:26like put yourself somewhere
  1705. 56:28you know it's going to get better it's
  1706. 56:30going to get better and then it doesn't
  1707. 56:31so what do you do
  1708. 56:32right you have so many experiences that
  1709. 56:34you can help so many people with that
  1710. 56:36i'm just amazed at that mindset
  1711. 56:38to carry you through but well another
  1712. 56:41aspect of that though was that i knew
  1713. 56:43that nobody that i already knew
  1714. 56:46was coming to my rescue so i had to
  1715. 56:49i knew i was going to have to try to you
  1716. 56:51know find somebody else and
  1717. 56:53and uh you know convert them into like a
  1718. 56:55champion and then they connect me to the
  1719. 56:57legal services that i needed and so in
  1720. 56:59order to maximize my chances of that
  1721. 57:02happening
  1722. 57:03i had to hold it together i didn't have
  1723. 57:04the luxury of
  1724. 57:06losing my mind that concludes episode
  1725. 57:09one
  1726. 57:10with jeffrey deskovic what an amazing
  1727. 57:13story
  1728. 57:15we just heard how he got arrested why he
  1729. 57:18got arrested
  1730. 57:19what happened during those years now
  1731. 57:22we're going to head into episode 2
  1732. 57:25where we learn the process of what he
  1733. 57:27went through
  1734. 57:28to get exonerated through dna
  1735. 57:32what he did after his release and where
  1736. 57:34he is now
  1737. 57:35there is so much more to go so join us
  1738. 57:38for episode 2
  1739. 57:39on this is your city with jeffrey
  1740. 57:44[Music]
  1741. 57:50descavent

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