The True Story of Jeffrey Deskovic on his wrongful rape and murder conviction. Part 1 — Transcript
Full transcript
- 0:00[Music]
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- 1:00[Music]
- 1:03good evening everyone and welcome to
- 1:05another edition
- 1:06of this is your city i am kim your host
- 1:12i i don't even know where to start with
- 1:14my guest today
- 1:15it's just something so different and so
- 1:18personal
- 1:20but can you imagine and i don't think
- 1:23any of us can
- 1:2516 years in prison and exoner
- 1:29exonerated by dna
- 1:34yeah in 1991 deskovic was convicted of
- 1:37raping and murdering a fellow high
- 1:39school student
- 1:41and he was sentenced to 15 years to life
- 1:44in prison
- 1:46and only after 16 years being spent in
- 1:49prison
- 1:50was jeffrey exonerated by dna
- 1:54in march of 2012 after finally receiving
- 1:57the personal means to do so
- 1:59deskovic acted on a dream since his
- 2:01release
- 2:02of establishing an organization that
- 2:05would help
- 2:06free innocent people who are
- 2:09or who were wrongly convicted
- 2:12and so he launched jeffrey deskovic
- 2:15foundation of justice
- 2:16where he used 1.5 million dollars of his
- 2:20own compensation
- 2:21from his own ordeal to make his dream
- 2:24come true
- 2:25he wanted to take the negative and turn
- 2:28it into something positive
- 2:30and to leave a legacy that of course
- 2:31would ultimately outlive him
- 2:34and what i find really exciting is that
- 2:37he didn't
- 2:38stay there what he did was he eventually
- 2:42went on and received a master's degree
- 2:44from the john jay college of criminal
- 2:47justice
- 2:48and then in mar may of 2019
- 2:52deskvick obtained a law degree from pace
- 2:55university
- 2:56and was admitted to the new york state
- 2:58bar
- 2:59in october of 2020. i just find that so
- 3:02exciting
- 3:04my guest tonight my guest
- 3:07jeffrey deskovic hi jeffrey welcome to
- 3:10the show and thank you for
- 3:12agreeing to sit with us how are you
- 3:15i'm i'm great uh very warm uh welcome
- 3:18thank you very much i'm
- 3:20happy you're sharing your platform with
- 3:21me today and i'm looking forward to this
- 3:23interview
- 3:24awesome i'm gonna do something a little
- 3:27different than i normally do with my my
- 3:29interviews and
- 3:31when i sit with my guests sometimes it's
- 3:32just like kind of having coffee
- 3:34and we you know we just talk about stuff
- 3:36but i feel like i need to
- 3:38honor you in a little bit where i get my
- 3:40facts straight so during this interview
- 3:42i might
- 3:43read off of some notes sure i typically
- 3:46do
- 3:47but just so i don't get anything wrong
- 3:49okay i'm going to do that
- 3:51this is real life and
- 3:54most of us thankfully cannot comprehend
- 3:56this so i want to get it right
- 3:58you are you know when i
- 4:01when you agreed to do this interview
- 4:03with me i was i was over the moon and
- 4:05i spent many nights pouring over some
- 4:08court documents some transcripts of your
- 4:10case
- 4:11i also read through some papers that
- 4:14were from the national registry of
- 4:15exonerations
- 4:17yes yes what what interests me was a
- 4:20report that i found
- 4:21on your conviction and it was prepared
- 4:23and requested by
- 4:25janet de fiore in westchester i think i
- 4:27got that right
- 4:29you did get that right you got all that
- 4:30right yes thank you the district
- 4:32attorney for there
- 4:33and and the reason that that really
- 4:36caught my eye and interest me because
- 4:38we don't often get the inside scoop of
- 4:41what
- 4:42the justice system and those involved
- 4:45did
- 4:45wrong right we don't really usually hear
- 4:48of that unless we watch the evening news
- 4:50or something
- 4:52and this document it it was full
- 4:55of things that went wrong in your case
- 4:58and yet
- 4:59you were still convicted and if you
- 5:02don't mind i'd like to just to go over a
- 5:04little bit of that before we get into
- 5:06the kind of behind the scenes stuff
- 5:08sure that's perfectly fine yeah
- 5:09absolutely how you steer the
- 5:11conversation up
- 5:12and how whichever way you take it is
- 5:14what i'm gonna follow along with
- 5:16awesome okay so let's start off with
- 5:20they did not test hair samples found on
- 5:22the body
- 5:24they didn't even take sperm or blood
- 5:26samples of any other people who may have
- 5:28been involved in this case is that
- 5:29correct
- 5:31yeah yeah well the caveat being that in
- 5:33terms of the hair
- 5:34they did compare the hair to me and they
- 5:37determined it didn't
- 5:38match me that it actually was from
- 5:40negroid and [ __ ]
- 5:41origin which you know i'm pretty much as
- 5:43white as you can get
- 5:45uh so the prosecutor's explanation for
- 5:47the hairs is he
- 5:49argued by inference he claimed well the
- 5:51hares must have come
- 5:52from medical examiner uh who's
- 5:54vietnamese and his african-american
- 5:56assistant
- 5:57but he never actually had samples
- 6:00collected from either of them
- 6:02so that the comparison could actually be
- 6:04made he just
- 6:05made the uh argument by uh inference
- 6:08and uh and you are correct that they
- 6:11tested the
- 6:11seminal fluid on the body versus me and
- 6:14found it didn't match me but that's as
- 6:15far as the
- 6:16that's as far as the testing went and
- 6:19then later
- 6:20on as well unfold uh in the
- 6:22post-conviction process
- 6:24i was blocked several times from having
- 6:27that dna
- 6:28put into the dna data bank once it had
- 6:30been created
- 6:31so yeah so so far you're batting a
- 6:33thousand
- 6:35oh my goodness now i just want to get
- 6:37this out there because
- 6:39you know people will go and read up on
- 6:40this later on and stuff
- 6:42you did confess at first to this crime
- 6:46i did yes i was coerced into that but
- 6:48yes
- 6:49right and we find that a lot especially
- 6:51with young people
- 6:53and you know if if we take the moment to
- 6:56read into some court case because i love
- 6:57this kind of stuff so i do read into it
- 7:00we rarely find um we we find a lot of
- 7:03similarities between your case and
- 7:05a lot of younger people being coerced
- 7:08into admit
- 7:09something they didn't do and you know a
- 7:12lot of psychology
- 7:13and and psychologists will say like the
- 7:15vulnerability of the brain
- 7:17and and the lack of experience and
- 7:21fear in somebody younger is quite it's a
- 7:24lot easier to coerce
- 7:25a young person into a confession i'll
- 7:28agree 100
- 7:29i just want to add for context that
- 7:31coerced false confessions have caused
- 7:33wrongful convictions in 25 of the dna
- 7:36proven wrongful convictions
- 7:37and you correctly point out that while
- 7:39this has happened to adults that
- 7:41particularly vulnerable populations are
- 7:43youth and people with mental health
- 7:45issues
- 7:46and i also read also with um people with
- 7:50lack of funding like
- 7:51poor people you know they are
- 7:55typically as well coerced into false
- 7:57confessions
- 7:59i don't right well i mean your inability
- 8:00to you know yeah i mean
- 8:02that ties into you know your ability to
- 8:03retain an attorney and then also
- 8:06you know the quality of representation
- 8:07that you get at the trial
- 8:09at which you're going to be challenging
- 8:10the confession i mean certainly if you
- 8:12have a paid lawyer
- 8:14that you know theoretically they're
- 8:15going to mount a much more
- 8:17aggressive defense i mean just for
- 8:19context and this is good we're going to
- 8:20need this info later
- 8:22uh normally when you defend the case uh
- 8:25which is a false
- 8:26confession you have to answer that
- 8:27confession you have to explain that
- 8:29confession
- 8:31uh you know you have to disprove that
- 8:32confession and bring it all together
- 8:35in your closing argument but you know my
- 8:38attorney didn't didn't do
- 8:40any of that uh in addition you know he
- 8:43sometimes he was kind of all over the
- 8:45place he sometimes he argued the
- 8:46confession never happened
- 8:48other times he argued well it happened
- 8:50but it was coerced that still other
- 8:51times he was arguing
- 8:53that it happened but it was false so
- 8:55you're already
- 8:56in a difficult spot just defending a
- 8:58case where there is a confession just
- 9:00just for to begin with there's a 80
- 9:02conviction rate but
- 9:04then when you're not going to allow your
- 9:05client to testify and you're gonna just
- 9:07throw
- 9:08all these different theories against the
- 9:10wall and hope that something sticks
- 9:12you know it's in a way it's not that
- 9:13surprising that i was uh wrongfully
- 9:15convicted
- 9:16exactly and and another thing is tape
- 9:19recordings
- 9:20they were all over and in all of these
- 9:22transcripts that i'm reading
- 9:24they talked about these transcripts the
- 9:26tape or the tapings the tape recordings
- 9:28were shut
- 9:29off and on multiple times with a huge
- 9:32space like
- 9:34and when you confessed
- 9:38everything prior to that was not on tape
- 9:41for a meaningful time time period they
- 9:43shut off those tapes
- 9:45multiple times there is no evidence of
- 9:48what
- 9:49how they coerced you but anybody
- 9:51especially like in a court system like a
- 9:53young man a young
- 9:55you weren't even a man you were a young
- 9:56boy
- 9:58no evidence the tapes are shut off
- 10:02at all of these like convincingly you
- 10:05know convincing
- 10:05areas why did you know these were being
- 10:09shut off at such a young age
- 10:11well i i did not used to clarify
- 10:13something so
- 10:14there was i had uh so there was like a
- 10:16six week
- 10:17run up to the coerced boss confession
- 10:20so i had a lot of interaction with the
- 10:22police and the
- 10:24the dynamic there would be first they
- 10:27would talk to me like a suspect
- 10:29and when they would push too hard and
- 10:31i'd become frightened and i'd want to
- 10:32get away from them
- 10:33that's when they would switch it up and
- 10:36jeff is this junior detective helper was
- 10:38the game that they were playing
- 10:40oh the kids won't talk freely around us
- 10:42they will around you
- 10:44let us know if you hear anything uh stop
- 10:46in from time to time
- 10:48they'd ask me opinion questions and
- 10:49congratulate me that my opinion was
- 10:52uh correct they did the good cop bad cop
- 10:54routine so i began to look up to the
- 10:56officer who was pretending to be my
- 10:58friend
- 10:59as a father figure which i was
- 11:01particularly vulnerable to because my
- 11:02own father had never been in my life in
- 11:04any aspect and
- 11:06prior to being a teenager i wanted to be
- 11:08a cop when i grew up
- 11:10so it was all during that six week run
- 11:12up to it that you correctly point out
- 11:14that you know the audio tape was uh
- 11:17being started and then stopped and i was
- 11:20not always aware
- 11:21of them doing that i was aware that they
- 11:24did it once but not
- 11:25after that but in terms of the day of
- 11:28the course
- 11:29confession none of that was audio tape
- 11:31not not not even a second uh
- 11:33of it you know there was no uh audio
- 11:35check there's no videotape there's no
- 11:38sign
- 11:38confession it's just the cops word for
- 11:40it and when they came
- 11:42to court they were able to leave the
- 11:43threat and false promise out
- 11:45so maybe this would be a good point just
- 11:47to take a brief minute or two
- 11:48just to provide some context so in terms
- 11:50of the day the course
- 11:52falls confession so first of all after
- 11:54that six weeks run up
- 11:56they got me to agree to take a polygraph
- 11:59by telling me that there was some new
- 12:01information that had come into the
- 12:02police file and they wanted to share
- 12:04that with me
- 12:05but i would first have to take and pass
- 12:07a polygraph
- 12:09so the next day rather than go to high
- 12:11school i went to the police station for
- 12:13this test
- 12:15my mother and grandmother whom i lived
- 12:17thought that i was in school because it
- 12:18was a school day
- 12:20they drove me from peak skill which is
- 12:21in westchester county new york they
- 12:23drove me
- 12:24across county lines 40 minutes away by
- 12:26car to the town of brewster in putnam
- 12:28county
- 12:29so now it means that i'm not able to
- 12:31leave on my own anymore i'm totally
- 12:33dependent on the police
- 12:35they even continue the psychological
- 12:38overreaching of me even in the car ride
- 12:40they
- 12:40they had me ride in the car by myself
- 12:43with the cop who was pretending to be my
- 12:45friend with the other two in
- 12:46in a different vehicle uh when i uh
- 12:50got there to the uh polygraph location
- 12:53it was in a private office it was not in
- 12:55a police station
- 12:56the polygrapher was dressed like a
- 12:59civilian
- 13:00uh he uh never identified himself as a
- 13:02police officer he never read me my
- 13:04rights
- 13:05there was no attorney present i i wasn't
- 13:07given anything to eat the whole time i
- 13:09was there
- 13:10they gave me a four-page brochure which
- 13:12explained how the polygraph worked
- 13:15uh but i had a lot of big words in it
- 13:16which i didn't understand
- 13:18of course but then i figured well i'm
- 13:20here to help the police so what does it
- 13:21matter let's just
- 13:22get on with it and from there they put
- 13:25me in a small room and
- 13:27the polygraph is gave me countless cups
- 13:29of coffee
- 13:30uh in order to get me nervous then he
- 13:32wires me up to this
- 13:34machine and then he launches into his
- 13:36third degree tactic so he invaded my
- 13:38personal space
- 13:39he raised his voice at me he kept asking
- 13:42me the same questions over and over
- 13:43again
- 13:44and as each hour passes by my fear
- 13:46increases in proportion
- 13:48to the time and he kept that up for six
- 13:50and a half to seven
- 13:52uh hours which by the way is more than
- 13:55double the maximum amount of time that
- 13:57even
- 13:58as unscientific as the polygraph is and
- 14:00it's not scientific at all in fact
- 14:02intelligence officers are even
- 14:04trained on how to beat the polygraph but
- 14:06even being unscientific it still has its
- 14:09own
- 14:09best practices or you know how it's
- 14:12supposed to be done and
- 14:13by him having me on that thing for six
- 14:16and a half to seven hours that was more
- 14:17than double
- 14:18the the the three hours that the most is
- 14:21the most they could see
- 14:22having somebody on it and he also did
- 14:25not
- 14:26uh or did not video or audio record it
- 14:29which was another
- 14:30requirement for that method of
- 14:31conducting the polygraph because there's
- 14:33such a high correlation
- 14:35between usage of the polygraph and
- 14:37coerced false confessions
- 14:39so he does that for six and a half to
- 14:40seven hours and towards the end he said
- 14:43what do you mean you didn't do it you
- 14:44just told me through the test result
- 14:46that you did
- 14:46we just want you to verbally confirm it
- 14:49and that really shot my fear to the roof
- 14:51and at that point it was the officer had
- 14:53been pretending to be my friend
- 14:54he came in the room and told me that the
- 14:56other officers were going to harm me but
- 14:58that he'd been holding them off but i
- 14:59can't do so
- 15:01indefinitely that i had to help myself
- 15:04then he added
- 15:04just you know say what just tell them
- 15:06what they want to hear and go home
- 15:08afterwards
- 15:09you're not going to be arrested being
- 15:11young naive
- 15:12frightened 16 years old not thinking
- 15:14about the long term
- 15:15just being concerned with my safety in
- 15:17the moment
- 15:18i was in fear of my life the fact that i
- 15:20didn't know where i was
- 15:22or where when no one else knew where i
- 15:24was either loomed quite large in my mind
- 15:26i was overwhelmed emotionally and
- 15:28psychologically
- 15:29and the possibility of harm and this
- 15:31false promise
- 15:32so the end result was i made up a story
- 15:34based on the information that they had
- 15:36given me
- 15:37by the time it was all said and done i
- 15:39collapsed on the floor into a fetal
- 15:40position and uh
- 15:41crying uncontrollably and obviously i
- 15:44was arrested
- 15:46at that point and they finally gave me
- 15:48something to eat after
- 15:49after going out there without eating
- 15:51anything
- 15:53that's incredible of course you were
- 15:54fearful of your life they were even
- 15:56the good cop was even telling you that i
- 15:59can't hold them back any longer and they
- 16:00want to do you harm like
- 16:03that's in the back of your mind too
- 16:04right absolutely yes it was
- 16:07that's incredible it was and i just
- 16:08wanted to get out of that i was
- 16:10desperate and by him throwing me that
- 16:11false promise i mean i
- 16:13i latched onto that it was down to that
- 16:15you know and
- 16:16that was a lie except i didn't realize
- 16:19that at the time
- 16:20i mean for somebody who's lived a life
- 16:23like a 40 year old 50 year old doesn't
- 16:25even matter for somebody who's lived
- 16:26life you know you might be able to hold
- 16:29out for a little bit longer but a 16
- 16:30year old boy
- 16:32okay for hours upon hours
- 16:35inside this room with people raising
- 16:37their voice threatening them
- 16:39good we couldn't even handle it now at
- 16:42our age
- 16:43let alone but that's not it that's not
- 16:46all jeffrey there was a ton of stuff
- 16:47like
- 16:48the courthouse cleaning crew like they
- 16:50inadvertently threw away many of the
- 16:52um of the much of the evidence right
- 16:55like
- 16:55yes yeah yeah let me explain that that's
- 16:58a wonderful point that you made
- 17:00uh so the victim's clothes including her
- 17:03bra had been admitted into
- 17:05evidence and the jury has to see the bra
- 17:08and that was important because one of
- 17:10the in one of the statements that they
- 17:11coerced out of me i
- 17:12said that i ripped her bra off which
- 17:14there's some bras that cannot be
- 17:16ripped off and so when the jury asked to
- 17:20see the bra that's when the judge said
- 17:22well the clothes uh including the bra
- 17:25had been left in the courtroom over the
- 17:27weekend and the janitors
- 17:29apparently thought it was trash and so
- 17:31it was thrown out
- 17:32oh my gosh and he substituted he refused
- 17:36to declare a mistrial
- 17:37and he substituted the bra which is no
- 17:41longer available with a photograph
- 17:43which he he the judge himself said
- 17:46uh quote unquote you can almost see the
- 17:49bra
- 17:49in it oh no
- 17:53wow that's incredible and you know all
- 17:56of these errors that the police and
- 17:58the prosecution and even your own lawyer
- 18:01not
- 18:02right sure all contributed to your
- 18:05conviction
- 18:05because 100
- 18:09let me just put a little bit more color
- 18:10to that and get into a few more of the
- 18:12specifics
- 18:12of that so in terms of the prosecutorial
- 18:15misconduct so
- 18:16one day before officially getting the
- 18:18dna test results
- 18:20back he rushed to the grand jury to
- 18:22indict me so that
- 18:23he didn't have to present that to the to
- 18:25the grand jury
- 18:27he the medic the medical ex once the dna
- 18:30didn't match me
- 18:31the medical examiner suddenly claimed
- 18:34that
- 18:35he just that he remembered that he
- 18:37forgot to document
- 18:38medical evidence that he said showed the
- 18:40victim had been promiscuous
- 18:42which is what opened the door for the
- 18:44prosecutor to argue
- 18:46that there must have been yet another
- 18:49person
- 18:49that she slept with prior to my
- 18:52murdering and raping her
- 18:53and taking it a step further he
- 18:56mentioned another youth by name that he
- 18:58claimed it had this encounter with the
- 19:00victim
- 19:00but much like the hair he again resorted
- 19:03to arguing by inference
- 19:05rather than by evidence he never
- 19:08got the dna sample from this other youth
- 19:11he never even called him as a witness he
- 19:13just made the unsupported argument to
- 19:14the jury
- 19:15and he got away with that because
- 19:18my my uh first of all my attorney should
- 19:21have my attorney was conflicted
- 19:22meaning that this other youth that the
- 19:24prosecutor was falsely saying had slept
- 19:26with the victim
- 19:28uh was rep was another member of that
- 19:30same public defender's office and
- 19:31specifically by the lawyer who was
- 19:33supposed to be supervising him on my
- 19:35case
- 19:36so that conflict prevented the defense
- 19:38from asking
- 19:39him for a dna sampler prevented the
- 19:41defense from calling him
- 19:43as a witness and another aspect of that
- 19:47was that the victim's family was not
- 19:49coming to court
- 19:50so they had no idea that her reputation
- 19:53was being trashed like that she wasn't
- 19:55promiscuous at all and in fact and they
- 19:58they knew that
- 19:59and the reason why i know that they knew
- 20:00that is because
- 20:02when the dna did not match me the police
- 20:06went back
- 20:07out into the field and they interviewed
- 20:0917 witnesses who
- 20:11knew the victim in one capacity or
- 20:13another and all of them told the police
- 20:15that there was no boyfriend there was no
- 20:17consensual sex
- 20:19but the police purposely did not
- 20:21document any of those witness
- 20:22interviews and as a result of that none
- 20:25of that was
- 20:26turned over uh to my attorney
- 20:30now speaking of my attorney in terms of
- 20:32his deficiencies
- 20:35rarely met with me whenever he would
- 20:36meet with me he was always shutting me
- 20:38up one time he told me he didn't care if
- 20:40i was guilty or innocent
- 20:42which is a hell of a thing to say uh
- 20:45then
- 20:46he never he literally never asked that
- 20:48medical examiner a single question
- 20:51never explained to the jury the
- 20:53significance of the dna not matching me
- 20:55never used that to challenge the uh the
- 20:58confession to argue it was coerced and
- 21:00false
- 21:01i mentioned about the conflict and
- 21:03lastly you know my attorney would not
- 21:05allow me to testify
- 21:07and then he was all over the place like
- 21:08i said before in terms of terms of
- 21:10his various arguments to the jury and so
- 21:13that along with all the other errors we
- 21:15talked
- 21:16about uh you know led to the wrongful
- 21:18conviction
- 21:20uh you know i just remember go ahead i'm
- 21:22sorry go ahead go i just remembered one
- 21:23more thing
- 21:24so not being content with having coerced
- 21:27the false confession out of me they also
- 21:29falsely attributed a statement to me
- 21:32what i mean by that
- 21:33is once the dna didn't match me
- 21:37suddenly the the police claimed that i
- 21:40said to them
- 21:41that i didn't know whether or not the
- 21:45uh what whether the perpetrator
- 21:47ejaculated or not
- 21:49and that word was not in my vocabulary
- 21:51as a 16 year old
- 21:53and when you look at their police
- 21:54reports
- 21:56that only appears in their police
- 21:58reports after the dna
- 22:00doesn't match me that did not appear in
- 22:02their reports
- 22:03prior to that so add it all
- 22:07up that was how i was wrongfully
- 22:09convicted
- 22:11yeah and as a 15 year old or 16 year old
- 22:1316 16 year old yeah
- 22:14as a 16 year old you know they're not
- 22:18your your attorney's going everywhere
- 22:20and he's not asking you he's shutting
- 22:22you up
- 22:24like i don't know if this is factual but
- 22:26it would appear to me
- 22:27that in those circumstances they
- 22:30wouldn't care anyway like you wouldn't
- 22:31have had a say even if you went up on
- 22:33stage on the stand
- 22:35which they did not allow you like you
- 22:37wouldn't really have had a said a say
- 22:39after all
- 22:40of this you know you couldn't go to your
- 22:42lawyer hey
- 22:43do this do that do this you're 16 years
- 22:45old yeah i
- 22:46clearly was in over my clearly in over
- 22:48my head never been arrested before
- 22:50i didn't fully understand what was going
- 22:53on and that was a situation
- 22:55that my attorney made worse because
- 22:58he would not allow my mother or any
- 23:00other adult
- 23:01to be in any of the conversations with
- 23:04him
- 23:04and i you know just yes for any of the
- 23:07strategic decisions such as
- 23:10whether to take the stand you know which
- 23:12i wanted to he wouldn't let me but then
- 23:13he gave me his rationale he said oh it's
- 23:15not up to me to prove you're innocent
- 23:17they gotta
- 23:18prove you're guilty but that's still a
- 23:20choice to make it's you still
- 23:22you know he's still taking a risk what
- 23:24you know both ways
- 23:25he would he wouldn't allow me to have
- 23:27the judgment of a mature adult
- 23:28in that conversation just like he would
- 23:31not allow me to have the
- 23:33input of a mature adult on the issue of
- 23:36whether to have a bench trial or a jury
- 23:40trial
- 23:41would you have known the difference back
- 23:43then um
- 23:45or if he explained it to me i might have
- 23:47but again that's where
- 23:49having an adult with me to further
- 23:50elaborate and
- 23:52and maybe the adult would have
- 23:54understood the implications
- 23:55more i probably i might have been able
- 23:57to get like a basic understanding but
- 23:59an adult would have understood the
- 24:01far-reaching implications assuming that
- 24:03he explained it to them correct
- 24:05but you know but you know he didn't he
- 24:08didn't allow that and
- 24:09speaking of that decision by the way i
- 24:11just remembered something which was
- 24:14when that decision was still up in the
- 24:16air even with my not being allowed to
- 24:18consult with an adult
- 24:19he came to my lawyer came to me one day
- 24:22and he told me
- 24:23that the judge came to him off the
- 24:25record and told him
- 24:27to pick a jury because he didn't want to
- 24:30be responsible for finding me not guilty
- 24:33wow so that wasn't proper for the judge
- 24:36to limit my decision that way
- 24:38and my lawyer was supposed to put that
- 24:40on the record and ask the judge to
- 24:42recuse himself because you know that
- 24:43sounds like this
- 24:45judge is letting the public pressure get
- 24:46to him and keeping in mind the context
- 24:49in which that i every time i
- 24:52made a court appearance it was this
- 24:54major media moment with
- 24:56virtually all the coverage from a guilt
- 24:57presumptive oriented perspective
- 25:00that's right that's right and there must
- 25:02have been a lot
- 25:03that oh my goodness i can't even imagine
- 25:05that as well the media
- 25:06the people with their cameras in your
- 25:08face you know at 16 years old
- 25:11i'm sure they're yelling i mean i watch
- 25:12movies so i'm sure it's not like that
- 25:14but they're yelling at you people
- 25:16it would have been terrifying it was
- 25:18very scary it was very scary to me so
- 25:20at that point i was 17 because i i
- 25:22turned 17 was before the trial
- 25:24it was still very very scary you know uh
- 25:27with with the media there and that
- 25:29you're seeing my own my name
- 25:30in newspapers you know for something you
- 25:34know
- 25:34like this you know being on the cover of
- 25:36newspapers
- 25:37you know it was uh it was a very very
- 25:39frightening out of control
- 25:41type of feeling and
- 25:44so and i read some information to
- 25:46jeffrey that new york
- 25:47is the third most dna exonerated
- 25:50state yes correct so
- 25:54what that tells me is if it's the third
- 25:57most
- 25:58exonerated state with from dna
- 26:03that means that that means it's the
- 26:04third the third so that that's another
- 26:07way of saying that
- 26:08you know at least as amongst the
- 26:10exonerated cases that
- 26:12new york wrongfully convicts uh fairly
- 26:14frequently
- 26:15fairly frequently and
- 26:18is it because you know people got to get
- 26:20voted into office so they have to close
- 26:22cases quickly you know there's
- 26:24there's a lot of speculation of why that
- 26:26can be well there's a multitude of
- 26:28reasons i mean what you just said is one
- 26:30reason i don't i don't think that that's
- 26:31the only reason
- 26:32or the rules in every instance but
- 26:34that's certainly an aspect of it
- 26:36uh another aspect would be uh tunnel
- 26:39vision
- 26:40which is when they when a conclusion is
- 26:42formed then working backwards and only
- 26:44trying to confirm that and
- 26:46ignoring evidence to the contrary or
- 26:48trying to explain it
- 26:49away in a in a way that just kind of
- 26:52defies
- 26:53uh logic and common sense such as the
- 26:55dna not matching me then we're going to
- 26:56go to a consensual sex theory
- 26:58and and promiscuity but the victim is
- 27:01leading a sheltered life and has no
- 27:03boyfriend but we're going to ignore that
- 27:05there has to be a way that
- 27:06just convicted this crime even though
- 27:09dna says it was not
- 27:11so tunnel vision but other things uh
- 27:14coerced false confessions you know we
- 27:16mentioned that at 25
- 27:18uh misidentification at 75 percent of
- 27:21the unapproved wrongful convictions
- 27:23lying informants at 15 bad lawyering
- 27:26which was certainly uh
- 27:28a factor in in in my case is uh
- 27:31prosecutorial misconduct is a
- 27:34factor that runs through nearly all
- 27:37of the wrongful convictions as an
- 27:38additional factor to the other things
- 27:40we've talked about
- 27:41uh forensic fraud which certainly was
- 27:44present in my case uh through the
- 27:47medical examiner and by the way we did
- 27:50find
- 27:50during the during the lawsuit process
- 27:53after i was exonerated that this medical
- 27:56examiner
- 27:57had altered his findings in three other
- 28:00cases
- 28:01in order to benefit the prosecution
- 28:03theory and in each one of those
- 28:05instances
- 28:06the prosecutor was the prosecutor in my
- 28:09case
- 28:09so they were used to tag teaming like
- 28:12that in an illegal fashion
- 28:14oh my gosh now i i don't know if you can
- 28:17answer this or not but those other three
- 28:18cases that you know of that you just
- 28:20mentioned
- 28:21um were they exonerated
- 28:24no they they have not been exonerated
- 28:26i'm not i'm not really clear whether
- 28:28those were
- 28:28right
- 28:31certainly at a minimum certainly at a
- 28:33minimum it's uh
- 28:35you could definitely say that none of
- 28:37them got
- 28:38a fair trial and actually one of the
- 28:40cases that i'm cold counsel on now which
- 28:43we'll maybe we'll get to a little bit
- 28:44later
- 28:45uh this medical examiner is present in
- 28:47that case
- 28:48and he altered his time of death and
- 28:51that had the impact of
- 28:53cancelling out the defendant's uh alibi
- 28:56oh my gosh yeah let's i want to get into
- 28:59a little bit of
- 28:59of a few different things here so and i
- 29:02know for
- 29:03lack of time i'm i don't want to feel
- 29:05like i'm rushing you but i
- 29:06i just want to know so much go ahead
- 29:08listen ask everything you want and uh if
- 29:11need be we could always do a part two
- 29:13i'm willing it's certainly up to you but
- 29:15i i
- 29:15i it's on the table on my end of it i
- 29:17would be willing to
- 29:19oh thank you so much for that one thing
- 29:21i want you to explain to my viewers and
- 29:23my listeners
- 29:24in case some of them don't know the
- 29:25difference because i didn't know the
- 29:26difference at one time
- 29:28the difference between being freed and
- 29:30exonerated
- 29:32so being exonerated is that the court
- 29:34recognized that you were innocent or you
- 29:36received a pardon from the governor
- 29:38on innocence grounds whereas being freed
- 29:42you might be freed because you got
- 29:44paroled
- 29:45or they have a lot of states have what's
- 29:47called a
- 29:48conditional release meaning that there's
- 29:50a time period where they
- 29:52unless you've done something to lose
- 29:54good time like say in the 5 to 15 like
- 29:56the mid
- 29:56that you know the the middle point would
- 29:58be about 10 years so that would be your
- 30:00conditional release so you could be
- 30:02out that way or you might have gotten
- 30:04out because the
- 30:05governor's office gave you a commutation
- 30:08i'll give you what's called clemency
- 30:09which means all right well we yeah you
- 30:12know there's some redeeming value in you
- 30:14you know and that we we think that
- 30:16merits you're doing less time than what
- 30:18you were sentenced to where
- 30:19sense could be modified through
- 30:21commutation or you might have been
- 30:22released
- 30:23uh because you maxed out you finished
- 30:25all the time either five to fifteen you
- 30:27somehow
- 30:28managed to do all 15 years and so you
- 30:31maxed out
- 30:32or you might even be released uh at a
- 30:34compassionate release whereby
- 30:36uh by coincidence you know your health
- 30:38has just deteriorated to a point where
- 30:41the president medical officials have
- 30:43determined that you're terminally ill
- 30:45and so you've applied to be released to
- 30:47compassionate relief so that you can
- 30:49die with a little bit of dignity with
- 30:50your friends and family in in
- 30:53the normal environment so you could have
- 30:55been out on any of those
- 30:57uh any of those ways but not exonerated
- 31:00or maybe your conviction was even
- 31:02overturned
- 31:03but rather than you being exonerated or
- 31:06going to trial and winning
- 31:08they offered you a plea bargain and you
- 31:10know just plead guilty to this and will
- 31:12release you right away
- 31:14and so you could be out that way but not
- 31:16exonerated
- 31:18right exonerated you were found innocent
- 31:21of a crime
- 31:22correct not commit but you were
- 31:24convicted of or charged of yeah
- 31:27that's incredible and you had made a
- 31:30comment
- 31:31and it's a quote that i took from you
- 31:34and
- 31:35i don't remember where it was forgive me
- 31:37but i it is a quote from you
- 31:39yeah and it says i don't get angry at
- 31:41what happened to me
- 31:42because if i did that would be like
- 31:45giving them the rest of my life
- 31:47and they already took enough from me
- 31:50instead
- 31:51i take that energy that i otherwise
- 31:52would feel
- 31:54and that drives me in my quest in my
- 31:56life-long struggle against
- 31:58wrongful convictions when i first read
- 32:01that quote from you jeffrey i actually
- 32:05i actually teared up because in my head
- 32:09i was thinking
- 32:10how angry you must be
- 32:13because some of the most important years
- 32:17of a human being's life you have
- 32:21your young teenage your young adult and
- 32:23your adult life like
- 32:25yes there are some who spend many many
- 32:28more years but
- 32:30you spent very very like where you're
- 32:34learning everything and everything
- 32:35changes in society i was thinking to
- 32:38myself
- 32:39those words are so humbling i didn't get
- 32:42angry because if i did
- 32:45i'd be giving them the rest of my life
- 32:47and they already took enough
- 32:49that does not come easily for most
- 32:52people to get to that
- 32:53place how did you get there well my
- 32:56first week home i was angry and
- 32:59at the end of the week i mean i felt
- 33:01like it was destroying me and
- 33:03and you know and i figured well you know
- 33:05i want to enjoy my life as much as i can
- 33:07i can't do that if i'm angry or bitter
- 33:10if i was to be angry it's not like i'm
- 33:14impacting the people who were
- 33:15responsible and and you know the other
- 33:18line of reasoning also which which you
- 33:20quoted also you know
- 33:21went through my mind as well so that was
- 33:24kind of how i got this so
- 33:26maybe a month before i
- 33:29was uh released uh whereby my conviction
- 33:32was overturned and then i
- 33:34wound up going back to court and where i
- 33:36was exonerated they dismissed everything
- 33:38on actual innocence grounds but a month
- 33:40before the conviction was overturned
- 33:42i saw on the television that there was
- 33:45another prisoner named alan newton who
- 33:47had been exonerated through dna
- 33:49testing and in his press conference he
- 33:52said that he was not angry
- 33:53and at the time i thought that was like
- 33:55the silliest thing ever
- 33:57and you know but after that first week
- 34:00of being home and being angry and
- 34:01nearly destroying me you know i
- 34:04remembered that i hearkened back to that
- 34:06and
- 34:06hence my coming up with those multiple
- 34:09line of reasonings
- 34:10all in that same uh direction
- 34:13yeah and i want to get into in a few
- 34:16seconds in a few minutes as well that
- 34:17whole thing how you were exonerated
- 34:19what happened leading up to that but
- 34:23something that we don't know because we
- 34:26can only know what we read
- 34:28about your case sure so what we don't
- 34:30know and
- 34:31again i struggled with what to ask
- 34:34because i don't want to
- 34:36like my ignorance and all of that could
- 34:38just
- 34:39no feel free to ask whatever you like if
- 34:41you're afraid to ask whatever you like
- 34:42i'm very transparent and you know if you
- 34:44do ask me something that i haven't
- 34:46gotten
- 34:49i appreciate that so look feel free to
- 34:51ask whatever you want okay
- 34:53well 15 16 years old 17 by the time you
- 34:56were you went into prison
- 34:57um so first of all did they put you in
- 35:00an adult prison at 17
- 35:02they did they put you right in with
- 35:05maximum security people like people who
- 35:07have done atrocious things in life
- 35:09yes because i had been charged as an
- 35:11adult tried as an adult sentence as an
- 35:13adult and therefore it followed that i
- 35:15would be sent to an adult
- 35:16maximum security prison yes and how okay
- 35:20how terrifying was that when you you go
- 35:21through that
- 35:23you know yeah actually how are you
- 35:24device you do they still do that stuff
- 35:26they still do that stuff yes back then
- 35:28delights you shower you check you do all
- 35:30of those
- 35:32very personal things to your body um
- 35:35give you your clothes and whatever it is
- 35:36you're going to be needing
- 35:38like how terrified was it
- 35:41walk us through that just for like just
- 35:43for a couple of moments of your of your
- 35:45memory
- 35:46yeah well it was it was terrifying i
- 35:48mean they gathered all of us together in
- 35:50this one
- 35:50uh in this one area and you know they
- 35:53they ordered us to take all of our
- 35:54clothes off so they could do the
- 35:56good do the the de-licing and so that
- 35:58was an unusual thing
- 36:00uh for me as well just to be naked in
- 36:03front of all these other uh
- 36:04you know men and then the the lysing i
- 36:07mean i remembered that smell stayed in
- 36:09my head
- 36:10for months i couldn't get it out even
- 36:12though i was
- 36:13you know showering and using shampoo
- 36:16so that all of that all that was
- 36:18frightening and even just the fact of uh
- 36:21you know how medicine the barbed wire
- 36:23appeared how large the prison wall
- 36:25loomed
- 36:26and uh the idea of being in prison were
- 36:29the ceos were in charge so in the county
- 36:32jail i was kept in the
- 36:33mental health wing of the of the prison
- 36:36where they were correction officers but
- 36:37they
- 36:38really weren't in charge the civilian
- 36:40mental health staff were in charge and
- 36:42the
- 36:43guards had a secondary role just in
- 36:45terms of security but
- 36:46you know it was a minimal amount of
- 36:48interaction whereas in a prison the
- 36:50correction officers are all
- 36:52in in charge and you know that in and of
- 36:55itself was kind of a frightening
- 36:56prospect and then
- 36:58being in uh you know not being used to
- 37:01being in the prison
- 37:02walls i mean i felt claustrophobic there
- 37:05and
- 37:05in that reception center downstate
- 37:07correctional facility which is uh when i
- 37:09say reception that's the first state
- 37:11facility that you're
- 37:12sent to that i was sent to prior to
- 37:15going to a different prison and that's
- 37:16where they issue the supplies they
- 37:18delicious
- 37:19you know they do they do uh medical and
- 37:21mental health observation and then they
- 37:24try to uh an assessment and they try to
- 37:25determine what facility you're going to
- 37:27be sent to
- 37:28originally so in that particular prison
- 37:32they had what was called a live count
- 37:34meaning that
- 37:35five times a day they would come around
- 37:38and you would have to be fully dressed
- 37:40standing up at the door with your lights
- 37:43on
- 37:43so you really it made it very difficult
- 37:46even just to sleep right you know
- 37:49because you could never really relax
- 37:51there because you if you're sleeping
- 37:52when they come around
- 37:54you you could get in a lot of trouble
- 37:55for doing that wow and
- 37:57and the other prisoners the men that
- 37:59were there with you
- 38:00did you did you have anybody that took
- 38:02you under their wing
- 38:04did you i mean you were there for 16
- 38:06years so
- 38:07maybe younger ones came in after you
- 38:09that you took under your wing how did
- 38:11that all right so both of those
- 38:12yeah that wouldn't be fair to say so
- 38:13that both of those things
- 38:15both of those things uh happen at
- 38:17various times and
- 38:18in various uh various ways i mean
- 38:21sometimes the people that
- 38:22took me under their wing it was that
- 38:25they gave me some advice here
- 38:26and there it's not like they were my
- 38:28protector 24 hours a day it wasn't
- 38:30on that level i mean that happened
- 38:32sometimes that never ever actually
- 38:34happened um for me
- 38:35but uh but people did you know educate
- 38:38me they kind of schooled me on you know
- 38:39various prison survival
- 38:41you know tactics things like we know
- 38:43when you're in your cell don't don't
- 38:44talk out of yourself some people do that
- 38:47but you know you
- 38:48you never know who you're talking to or
- 38:50someone might jump into the conversation
- 38:52and don't ask anybody for anything don't
- 38:54let anybody
- 38:55take anything you know from you don't
- 38:57don't try to be don't try to be popular
- 38:59or over overly familiar and
- 39:01you know don't don't get you know you
- 39:03don't want to gamble or get involved
- 39:04into
- 39:05uh borrowing something for somebody or
- 39:08get into a discussion about what's going
- 39:10to be watched on the television or not
- 39:13right you know and even trying to
- 39:16identify
- 39:17you know which people around you or in
- 39:19what gangs and steering clear of them
- 39:21because
- 39:22you know if you're hanging out with
- 39:24somebody that could
- 39:25draw you into something that you don't
- 39:27want to be involved in
- 39:29that's right wow there's a lot to know
- 39:32there's a lot to know did you take a lot
- 39:34of time to just observe
- 39:36and just did yeah because i did even
- 39:39when there was somebody
- 39:41new in one or if i moved to one gallery
- 39:43or some one different cell block or
- 39:45another which is kind of like moving
- 39:46from one city to the
- 39:48nexus for um listeners you know uh
- 39:52you know i would study my environment
- 39:53for several months before
- 39:55you know studying an individual for
- 39:56several months even before i even just
- 39:58said hello or said anything to them
- 40:00yeah but did you develop friendships as
- 40:03best you can yeah as
- 40:05best i could i mean uh i mean i looked
- 40:07at it more as activity partners but yeah
- 40:09i mean there's a general
- 40:10rule in prison you don't have any
- 40:11friends in prison that's a general rule
- 40:13i broke that rule a few times but
- 40:15but more than that you more have like
- 40:17activity partners but there's a whole
- 40:19set of people that
- 40:20i used to play basketball with it was a
- 40:23different set of people that i would
- 40:25play spades with a different set of
- 40:26people i'd play chess with
- 40:28and another sort of people that i would
- 40:30play ping-pong and still another set of
- 40:32people that
- 40:33were sports affectionately so we might
- 40:36you know watch sports on television or
- 40:38you know talk sports a little bit
- 40:40right and did what about um fightings
- 40:43did you get it in
- 40:44any fights or yeah yes i i did maybe
- 40:47like maybe like six or seven times i you
- 40:49know i got
- 40:50i peed up i was you know because i was i
- 40:52was a young kid in a
- 40:53present it was you know i mean i got
- 40:55into my mid twenties i mean i developed
- 40:57that i
- 40:58got a little stronger i got a little
- 40:59wiser and here and there i would
- 41:01come up with a victory at you but in
- 41:03general i'm not a fighter
- 41:05i'm not a fighter that's not who i am
- 41:06i'm not going to portray that so
- 41:08you know more often than not i i lost
- 41:10but i always did the best that i could
- 41:12yeah and what about visitors jeffrey did
- 41:14your mom because you said your mom and
- 41:15grandmother right
- 41:17yeah so yes i did so my my mother used
- 41:20to come
- 41:21a couple of times you know once or twice
- 41:23a month but that was uh
- 41:24my grandmother would accompany her but
- 41:26that that was initially uh
- 41:28so grandma actually passed away uh after
- 41:32uh five years five or six years while i
- 41:34was in prison
- 41:35so obviously that meant that she wasn't
- 41:36coming anymore uh the
- 41:38last five or six years uh my mother came
- 41:41like once every
- 41:42six months if i was lucky i had several
- 41:45sets of aunts and uncles that would
- 41:48you know visit disappear for three years
- 41:50visit disappear for three years
- 41:52uh my brother who was three and a half
- 41:54years younger than me
- 41:57came three maybe three times in 16 years
- 41:59not at all in the last decade
- 42:02i had two friends that came to visit me
- 42:04one person
- 42:05came one time and that was it never saw
- 42:07him again
- 42:09and i had another friend that stayed in
- 42:11touch with me that
- 42:13it would come up periodically but that
- 42:16was
- 42:16for five years and then that then he
- 42:18went into the military and we lost touch
- 42:20so
- 42:21uh based on all of that uh if i was to
- 42:23summarize i would say
- 42:25that while not literally uh in many
- 42:29ways uh i essentially did the time by
- 42:31myself
- 42:34now that's pretty lonely but yeah let me
- 42:37ask you were you able to
- 42:38forgive because i'm pretty sure you're
- 42:41probably a little bit angry at first
- 42:42right i
- 42:43i certainly was i was angry at first
- 42:46yeah and i
- 42:47really wasn't even really aware that i
- 42:49was it only kind of
- 42:50came out as i would meet up with them in
- 42:53person
- 42:54after after i was exonerated came out
- 42:57so i didn't yeah so that's how that but
- 43:00you know one um
- 43:00going back to the friend question there
- 43:02was a there was definitely a friendship
- 43:04that i did make while i was in prison
- 43:06that was uh
- 43:07with a prisoner named frank sterling and
- 43:10uh
- 43:10once uh frank was also innocent and so
- 43:13once every six weeks we would get
- 43:15together and
- 43:16try to keep each other going morale wise
- 43:19and we would also brainstorm about what
- 43:21the
- 43:22next move was to make to try to overturn
- 43:25the conviction and
- 43:26regain our freedom and you know frank
- 43:28was ultimately exonerated through dna
- 43:30testing um
- 43:31after 18 years in prison so a couple
- 43:33years after
- 43:34me uh and lastly
- 43:37yeah definitely it really uh it
- 43:40was kind of unknown it's kind of unusual
- 43:42in a way
- 43:44but the last thing i'll say is uh last
- 43:46couple years just desperate for outside
- 43:48contact because of the lack of visitors
- 43:51i did
- 43:51place an ad in a small newspaper um
- 43:55actually in california in sacramento b
- 43:57and
- 43:58i was looking for a pen pals just
- 44:00desperate for contact with the outside
- 44:02but
- 44:02i also had the ulterior motive i was
- 44:04hoping that at some point
- 44:06they would ask me well what are you
- 44:07doing in there by the way
- 44:09and that would be my chance to explain i
- 44:11was innocent and
- 44:12you know maybe they would believe me and
- 44:15they could help build a bridge between
- 44:17me
- 44:17and the necessary legal uh help that i
- 44:20needed to be exonerated i mean i had
- 44:21read that that had happened in
- 44:23a number and other uh wrongful
- 44:25conviction cases so i was trying to do
- 44:27the same thing
- 44:29and uh so there was somebody who who
- 44:32wrote me uh his name was um scott kiley
- 44:34and
- 44:34we used to we i was openly asking the
- 44:37stranger
- 44:38that i didn't know from anywhere and i
- 44:41was openly asking him
- 44:42uh in the last couple years look should
- 44:44i just quit should i give up
- 44:46should i just kill myself and be done
- 44:48with this i'm never going to get out of
- 44:49here
- 44:50and you know so he kind of showed up
- 44:53at the right moment right at the end
- 44:55just as i was
- 44:57about at the end of my rope
- 45:01wow that's amazing
- 45:04and i mean we do hear stories of
- 45:08you know pen pals and you know women who
- 45:11really love to fall in love with men in
- 45:13i was never so lucky with that i did
- 45:16fantasize about that i did fantasize
- 45:18about that for sure
- 45:20and there were you know in my own mind
- 45:22while i was in prison i mean um
- 45:24i kind of uh i kind of rotated schools
- 45:27of thought on that so
- 45:29uh there was one line of reasoning where
- 45:32you know i thought well
- 45:33you know i'm probably not going to find
- 45:36somebody of the caliber that i would
- 45:37want to be involved with i'm
- 45:39from on the outside and i can't really
- 45:41see stringing along somebody or using
- 45:43them
- 45:44and tying them up for however many years
- 45:46this lasts
- 45:47and then when i go home if i'm not you
- 45:49know if it's not up to par
- 45:51i'm not gonna just be miserable the rest
- 45:52of my life so i i don't have the heart
- 45:54to use people okay i don't
- 45:56i used to see it happening all the time
- 45:58but i didn't have the heart to do it so
- 46:01that was my main line of reasoning on
- 46:03that but listen don't get me wrong there
- 46:05were other times when
- 46:06other people were going on visits and
- 46:09getting
- 46:09you know they were making phone calls
- 46:11they were getting letter letters uh
- 46:13money was sent into them they were going
- 46:15on visits and they were
- 46:16getting food packages they even had
- 46:18conjugal visits in
- 46:20new york state so whereby uh you know if
- 46:22you're married uh you
- 46:24they could come up on a friday morning
- 46:25and they would be with you live with you
- 46:27on the
- 46:28there was trailers located on the prison
- 46:30grounds and they would be there until
- 46:32sunday morning so there were plenty of
- 46:34times where other people were doing
- 46:35those things and i felt like the biggest
- 46:37fool in the world
- 46:38with me in my line of reasoning so uh
- 46:40yeah at times i did
- 46:42think about it but and i did place uh
- 46:45you know i did place some ads and papers
- 46:47and they had websites at friends beyond
- 46:49the wall and other
- 46:51other made pen you know pen pals and all
- 46:54these different places and i
- 46:55i tried well i i tried putting ads and
- 46:58everything
- 46:59uh but nobody ever actually responded to
- 47:01me uh
- 47:02in in that in that way so i i i
- 47:05somebody another person actually uh i
- 47:07consulted with somebody once that had
- 47:09done that successfully like a number of
- 47:11times
- 47:13so i asked him well look here's my i'm
- 47:15not getting a response
- 47:17man what do you think here here's my ad
- 47:19you seem to you seem to know what you're
- 47:20doing you seem to have gotten this thing
- 47:22down
- 47:23you know this guy had like a whole huge
- 47:25big two
- 47:26several big uh uh see-through
- 47:29garbage bags full of letters from so
- 47:32many people it was
- 47:33ridiculous uh so yeah uh he didn't see
- 47:37anything wrong with the ad he came up
- 47:38with a theory which i think was right
- 47:41in which he said uh look i think that
- 47:44what's happening is these
- 47:45women are they're searching and
- 47:47determining what you're incarcerated for
- 47:50and they see that one of your charges is
- 47:52the rape right if it was just the murder
- 47:54you'd be good to go
- 47:55you know but uh yeah so because of that
- 47:58you know i think that that's why
- 47:59nobody's answering you
- 48:01you know so uh yeah so that uh that was
- 48:04my whole uh
- 48:05thing in terms of that yeah
- 48:08it would have been nice it would have
- 48:10been nice don't get me wrong
- 48:12uh at the same time though you know i
- 48:13have seen the other end of that so
- 48:16i know a bunch of exonerees now and even
- 48:19people on parole
- 48:21and they're caught in this ult this
- 48:24horrible dilemma because because
- 48:28they're with somebody now that in a way
- 48:30they feel a debt to
- 48:32because that person did hang out with
- 48:34them for like
- 48:35years on end they did help them and so
- 48:38they do appreciate that there is that
- 48:40loyalty aspect to it
- 48:42but on the other hand you know they're
- 48:45not really happy with that person that's
- 48:46not who's satisfying them and
- 48:48not enough of the different levels and
- 48:50so you know what do i
- 48:51what do i do now oh wow you know and so
- 48:54i i
- 48:55people have been caught in that in that
- 48:57dilemma and
- 48:58some some of the people uh you know
- 49:00through the conjugal visits they
- 49:02actually have children
- 49:03with them so that complicates things
- 49:05even more
- 49:06wow yes oh my gosh there's just so many
- 49:09facets to it isn't there
- 49:11yes there really is but i've no one's
- 49:14ever asked me about that
- 49:16before by the way so i kind of enjoyed
- 49:18sharing that aspect of my experience and
- 49:20the different lines of reasoning and
- 49:22all that stuff you know when people
- 49:24going on conjugal visits and i'm just
- 49:26sitting there myself for the afternoon
- 49:28on a saturday i felt like the biggest
- 49:30idiot in the world you know
- 49:31watching their trailer rock and when
- 49:33you're like yeah whatever
- 49:34[Laughter]
- 49:38right but uh i'm happy with how that
- 49:41turned out by the way i don't have to
- 49:42deal with that complication
- 49:44right so you don't have to have those
- 49:45regrets or those yeah exactly
- 49:48so okay let's go to because there's a
- 49:50few things i still want to get in and if
- 49:52we do it part two that's fine too
- 49:54sure i want to get into where you are
- 49:57today
- 49:58with your career which i i'm just so
- 50:01ecstatic about
- 50:02for you but i also want to get into now
- 50:06leading up to it okay so you had alluded
- 50:08to fact that you were losing hope
- 50:11yes you're at the end of your rope you
- 50:13know years are going by
- 50:15you don't have a lot of visitors from
- 50:17time to time but nothing to really
- 50:19touch that innate thing that we have
- 50:21exactly humans right connected
- 50:24yes yes so within this time like your
- 50:27lawyer did
- 50:28like a subpar i want to see terrible job
- 50:30because you ended up in prison
- 50:32did he come in did you have another
- 50:34lawyer like how did you
- 50:37fight for this like you started reading
- 50:38law books in there yeah yeah i got you i
- 50:40understand your question yeah so
- 50:42i started going to the law library so
- 50:44here's where somebody like pulled me
- 50:45aside and said look
- 50:47i have a paid lawyer you know i have one
- 50:49of the best lawyers of all time he
- 50:51actually had william the famous civil
- 50:52rights
- 50:53lawyer uh william consular um back when
- 50:55he was still alive
- 50:56he said look i have william cunsler as
- 50:59my lawyer
- 51:00and even i don't rely exclusively on him
- 51:02okay you have a public defender
- 51:04someone much less skillful so it's even
- 51:06more critical for you
- 51:08to go to the law library to learn the
- 51:10laws that you can give suggestions that
- 51:12you can keep up to date on
- 51:13what the latest decisions are that may
- 51:16have some implication for your case
- 51:19so i did start going to the law library
- 51:22and learning learning the law and that
- 51:24did give a sense of comfort and
- 51:26empowerment
- 51:27and right then i also started collecting
- 51:30articles about
- 51:31people who were exonerated and
- 51:34there was a number of reasons for that i
- 51:36mean it the main reason really was
- 51:38i wanted to see what route did they take
- 51:40and who actually helped them
- 51:42as another person to reach out to but i
- 51:45suppose an additional benefit to that
- 51:47was that it was uh inspirational you
- 51:50know it or
- 51:51you know would continue urged me to
- 51:53continue
- 51:54but but that became a double-edged sword
- 51:56too because i initially
- 51:58when i would read about that i would
- 52:00like imagine that what the scene might
- 52:02look like right outside
- 52:04the prison gate and the celebration so i
- 52:06kind of vicariously celebrate
- 52:08with them but at the same time many of
- 52:11those people were being exonerated by
- 52:13dna and so at some point my mind would
- 52:16shift
- 52:17and then i would start to feel
- 52:18frustrated because well what about me
- 52:20i'm innocent too the dna doesn't match
- 52:23me
- 52:24why should i be an exception right
- 52:27so that part of it was another thing but
- 52:30uh belief in god was one thing another
- 52:32thing
- 52:32was that in my mind i wasn't and i broke
- 52:35everything down to something manageable
- 52:37like
- 52:37in my mind i wasn't serving a 15 to life
- 52:40sentence
- 52:40i thought that i was just doing a year
- 52:42or two till the next appeal
- 52:44which i was sure i was going to win
- 52:46because i was innocent
- 52:47uh so there was that you want to ask a
- 52:49question on that sorry i just wanted i'm
- 52:51sorry for interrupting you but
- 52:53so you thought you were okay year so did
- 52:55was that here
- 52:56for the next appeal so every year that
- 52:58passed by or two for the next day every
- 53:00couple of years so
- 53:01for the next 11 years for the next 11
- 53:03years that got seven appeals got me
- 53:04through 11 years
- 53:05yes oh wow okay okay and another thing
- 53:09also uh was i engage i need i was
- 53:13desperate
- 53:14to get out of the prison for a couple of
- 53:15hours mentally so i
- 53:17engaged in this elaborate delusion when
- 53:19i would play basketball or chess or ping
- 53:21pong and i would pretend
- 53:23like i was a professional player and so
- 53:25are the other people
- 53:26but it wasn't really like kids fooling
- 53:28around on a playground someplace i mean
- 53:29this was more that
- 53:31this is defense mechanism and you know
- 53:33and then youth the role of euphemism so
- 53:35it's not
- 53:36the prison warden it's the
- 53:37superintendent right it's uh
- 53:39not the guards it's the correction
- 53:41officers and i'm not
- 53:43going to my prison assignment in the
- 53:45morning or in the afternoon i'm going
- 53:47to school or i'm going to work another
- 53:50thing
- 53:51was that when i listened to sports talk
- 53:53radio i mean it wasn't really sports
- 53:55talk radio that was a lifeline
- 53:57to the outside uh in 1998 they allowed
- 54:01us to purchase televisions for
- 54:03in-cell usage in elmira correctional
- 54:05facility and
- 54:06for the most part my tv stayed off
- 54:08because i was
- 54:09doing legal work and i was writing
- 54:11letters and the letter writing comes in
- 54:13because
- 54:14once your appeals are over the only way
- 54:16back into court
- 54:17is if you can find new evidence that
- 54:21probably would have led to a different
- 54:22outcome and so because i had no money to
- 54:24hire an attorney or an investigator
- 54:27hence the letter writing campaign so for
- 54:29those two reasons
- 54:30plus from 1998 to 2006 i read three or
- 54:34four non-fiction books a week
- 54:36so those are the things that i primarily
- 54:38did while i was in myself
- 54:40having said that when i purchased the
- 54:43television there were a few
- 54:45programs that i watched on a weekly
- 54:47basis
- 54:48and again i did another delusion so i
- 54:51would watch like a program and i would
- 54:53pretend like i was visiting with friends
- 54:56uh there was the pen pal i mentioned the
- 54:57other uh frank
- 54:59so all those were and the last thing i
- 55:01mentioned is that
- 55:02i collected i sometimes collected
- 55:06uh pictures of various nature scenes and
- 55:09there was a square
- 55:10box on one of the prison walls where per
- 55:13prison rules
- 55:14you were allowed to hang things up there
- 55:16and so
- 55:17i would use this awful toothpaste that
- 55:20the state made and provided you with
- 55:22i would use it as like a glue as an
- 55:24adhesive uh
- 55:25to uh tape up all these nature pictures
- 55:29and sometimes i would kind of travel
- 55:31there
- 55:32mentally so all those things were how i
- 55:34got through
- 55:36i had to keep fighting off feelings of
- 55:38hopelessness helplessness thoughts of
- 55:39giving up
- 55:40suicidal ideation you know it was it was
- 55:43as much a
- 55:44psychological and emotional battle as as
- 55:47it was actually in
- 55:48in the courts well i'm really thankful
- 55:51that you had that kind of imagination in
- 55:53that
- 55:54mindset because this is the devil's
- 55:57playground
- 55:58right and yes it's the only place he can
- 56:01get in
- 56:02to discourage us and so the fact that
- 56:05you were able to and i'm not i'm sure it
- 56:07didn't happen
- 56:08all the time for 16 years i'm sure there
- 56:10are times that you
- 56:11you know gave him a foothold in there
- 56:13but yeah of course the fact that you
- 56:15yeah the fact that you were able to put
- 56:17your mind in these different places i
- 56:19think that's amazing and that's
- 56:21really good technique for other people
- 56:24not just in prison but anywhere in life
- 56:26like put yourself somewhere
- 56:28you know it's going to get better it's
- 56:30going to get better and then it doesn't
- 56:31so what do you do
- 56:32right you have so many experiences that
- 56:34you can help so many people with that
- 56:36i'm just amazed at that mindset
- 56:38to carry you through but well another
- 56:41aspect of that though was that i knew
- 56:43that nobody that i already knew
- 56:46was coming to my rescue so i had to
- 56:49i knew i was going to have to try to you
- 56:51know find somebody else and
- 56:53and uh you know convert them into like a
- 56:55champion and then they connect me to the
- 56:57legal services that i needed and so in
- 56:59order to maximize my chances of that
- 57:02happening
- 57:03i had to hold it together i didn't have
- 57:04the luxury of
- 57:06losing my mind that concludes episode
- 57:09one
- 57:10with jeffrey deskovic what an amazing
- 57:13story
- 57:15we just heard how he got arrested why he
- 57:18got arrested
- 57:19what happened during those years now
- 57:22we're going to head into episode 2
- 57:25where we learn the process of what he
- 57:27went through
- 57:28to get exonerated through dna
- 57:32what he did after his release and where
- 57:34he is now
- 57:35there is so much more to go so join us
- 57:38for episode 2
- 57:39on this is your city with jeffrey
- 57:44[Music]
- 57:50descavent
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