Latest / Wrongful Conviction / #271 Jason Flom with Howard Dudley
Transcript
- 0:02Speaker 1: With the rise of dual income households throughout the eighties
- 0:05Speaker 1: and nineties, an unprecedented number of families were relying on
- 0:08Speaker 1: near strangers for childcare. Subsequently, a wave of child sex
- 0:12Speaker 1: abuse hysteria began, in which any claim at all from
- 0:16Speaker 1: a child was granted credence, no matter how outlandish or
- 0:20Speaker 1: probably false they were. At this time, Howard Dudley and
- 0:24Speaker 1: Diane Moore were jointly raising their daughter Amy, but were
- 0:27Speaker 1: never married. Eventually, Howard found her a nude sense of faith,
- 0:31Speaker 1: met his wife, and had two sons. Even though Howard
- 0:34Speaker 1: paid child support and maintained a presence in Amy's life,
- 0:36Speaker 1: one can imagine that Howard's new willingness to settle down
- 0:39Speaker 1: was not well received by the mother of his first
- 0:41Speaker 1: child or her family, including Amy's babysitter, Lydia May Starkey.
- 0:47Speaker 1: On October thirteenth, nineteen ninety one, Amy allegedly told miss
- 0:50Speaker 1: Starkey that her father was quote nasty, already prime to
- 0:54Speaker 1: believe the worst about Howard, and demanding an explanation. Starkey
- 0:57Speaker 1: began a series of suggestive questions, and Amy allegedly claimed
- 1:02Speaker 1: sexual abuse. To look out for Amy's best interest. During
- 1:05Speaker 1: the social Services investigation. She was assigned at Guardian ad Ltam,
- 1:09Speaker 1: who determined that Amy's story was untrue. Nonetheless, the trend
- 1:12Speaker 1: demanded that credence be granted to the child's claims, triggering
- 1:16Speaker 1: Howard's arrest. The prosecution ignored and hid the Guardian ed
- 1:21Speaker 1: Lam's recommendation, and even though Amy recanted her allegations immediately
- 1:25Speaker 1: after trial, Howard's been nearly twenty five years in prison
- 1:29Speaker 1: as a child sex offender. This is wrongful conviction. Welcome
- 1:46Speaker 1: back to wrongful conviction. I feel a deep sense of
- 1:49Speaker 1: responsibility to share this story because it's unique in terms
- 1:53Speaker 1: of the almost three hundred episodes we've done, but it's
- 1:57Speaker 1: not unique because it was a common story at the
- 2:00Speaker 1: time that it was happening. It's the story of a
- 2:03Speaker 1: man named Howard Dudley who was convicted of a crime
- 2:07Speaker 1: that never happened, and who spent almost three decades incarcerated
- 2:12Speaker 1: because of a series of lies, superstitions, hysteria that sort
- 2:17Speaker 1: of swept the nation. So before I introduce the other
- 2:20Speaker 1: distinguished guest who we have on here, I want to
- 2:23Speaker 1: introduce mister Dudley himself, Howard Dudley. Welcome to RAFEL conviction.
- 2:27Speaker 2: Good morning, excited about being here this morning.
- 2:30Speaker 1: Well, listen, I'm excited to have you here. I'm sorry
- 2:33Speaker 1: you're here because of what you went through with Howard.
- 2:36Speaker 1: Today is a remarkable woman named Teresa Newman. Teresa is
- 2:41Speaker 1: recently retired, but she was a clinical professor of law
- 2:44Speaker 1: amereta at Duke Law. So this is a serious person.
- 2:49Speaker 1: You don't get that title by not being tough and smart.
- 2:53Speaker 1: And you also don't get Howard Dudley out of prison
- 2:56Speaker 1: without those qualities and characteristics. So Teresa, thank.
- 2:59Speaker 3: You for being here, Thank you so much for having us.
- 3:02Speaker 1: And this story is outrageous. Stories like this have actually
- 3:06Speaker 1: kept me up at night. And I mean again, this
- 3:09Speaker 1: one is this is about as bad as it gets,
- 3:13Speaker 1: but it isn't unique, and that's why I think it's
- 3:15Speaker 1: all the more important that we tell it. But Howard,
- 3:17Speaker 1: before we get into the story itself, let's talk about
- 3:20Speaker 1: your youth. You grew up in a small town in
- 3:23Speaker 1: North Carolina. Is that right?
- 3:25Speaker 2: That's correct, that's right, a little town called Institute. I
- 3:28Speaker 2: grew up in a home mom and dad and nine siblings.
- 3:34Speaker 2: And my dad had quick rules and he enforced the talk,
- 3:39Speaker 2: the work they're out of trouble not to go out
- 3:42Speaker 2: and disperse the family.
- 3:43Speaker 1: Name. Yeah, I guess with that many kids, you'd have
- 3:45Speaker 1: to have some strict rules or it'd be pure chaos.
- 3:47Speaker 1: But it sounds like your parents instilled some good values
- 3:50Speaker 1: in you. And I also understand that you played guitar
- 3:52Speaker 1: and still do, and eventually you grew up and that
- 3:55Speaker 1: a woman named Diane Moore. You had a daughter together
- 3:57Speaker 1: named Amy. But it appears that you never intend on
- 4:00Speaker 1: marrying Diane and weren't ready to settle down.
- 4:02Speaker 2: I wasn't really a good boyfriend. I ad met to
- 4:05Speaker 2: that right there. But we worked out between the court
- 4:08Speaker 2: and myself and Amoy's mother that I could spend time
- 4:10Speaker 2: with her. She spent weekends with me. We had a
- 4:12Speaker 2: great relationship and we was on good.
- 4:15Speaker 1: Terms, I thought. And while you two tolerated each other
- 4:18Speaker 1: for the good of your daughter, Diane ended up becoming
- 4:20Speaker 1: infected with HIV and she was very ill for a while.
- 4:23Speaker 1: So a relative named Lydia may Starkey began shouldering more
- 4:28Speaker 1: of Diane's into the bargain. But nonetheless, you moved on
- 4:31Speaker 1: with your life.
- 4:31Speaker 2: I met my wife and we got married. She would
- 4:34Speaker 2: accept me as I was, and after marriage we had
- 4:37Speaker 2: a son named Dennis who's a musician today, and the
- 4:40Speaker 2: Adrian living a productive life. I would determine to make
- 4:44Speaker 2: a good life for my children, and that was my endeavor.
- 4:47Speaker 2: I worked, my wife went to college, and her last
- 4:51Speaker 2: year in school she had a major squote, and so
- 4:55Speaker 2: basically I was the provider for my family.
- 4:57Speaker 1: So at this time, you were provided for your family,
- 5:00Speaker 1: living in a trailer while paying child support for Amy,
- 5:03Speaker 1: who would join you on the weekends and during the
- 5:05Speaker 1: week her relative, Lydia Mace Darkey would care for her
- 5:08Speaker 1: as Diane's health continued to deteriorate.
- 5:10Speaker 3: The babysitter she called Howard mean because he had broken
- 5:14Speaker 3: up with Diane Moore, who she later died of age
- 5:17Speaker 3: she was ill, and then Howard, moving on with life,
- 5:19Speaker 3: became born again. Christian got married, had these two kids.
- 5:22Speaker 1: So one could easily see how some really you know,
- 5:27Speaker 1: hard hurt feelings could develop, making it easy for Lydia
- 5:30Speaker 1: May to believe horrible things about you, and later on
- 5:33Speaker 1: maybe even to cajole young Amy into making wild accusations
- 5:38Speaker 1: that she would later recant. Amy, as I understand, was
- 5:41Speaker 1: a bit more susceptible to suggestion, as she had some
- 5:44Speaker 1: intellectual limitations. But even before we get into the specifics
- 5:48Speaker 1: of your case, I think it's important to mention that
- 5:51Speaker 1: this time period, the late eighties and early nineties, was
- 5:54Speaker 1: the absolute height of a wave of child sex abuse hysteria,
- 5:58Speaker 1: and cases were weeping across the country, one nonsensical case
- 6:03Speaker 1: after the other, and I think probably the most widely
- 6:05Speaker 1: known one was the McMartin preschool, but very close by
- 6:08Speaker 1: to Howard and his family in North Carolina was a
- 6:10Speaker 1: Little Rascals daycare center, where the accusations were beyond absurd,
- 6:14Speaker 1: I mean just absolutely outlandish things that a kid might
- 6:18Speaker 1: conjure up on the spot. Now that's not to say
- 6:20Speaker 1: that there perhaps weren't some real allegations among the false ones,
- 6:25Speaker 1: but in that climate, social services, police and eventually juries
- 6:29Speaker 1: were buying the allegations, credible or not.
- 6:32Speaker 3: Absolutely. And I wasn't a lawyer when these cases were
- 6:37Speaker 3: sweeping the nation and frankly internationally, but I remember, just
- 6:41Speaker 3: like you, Jason, reading it and thinking these were fantasy allegations.
- 6:46Speaker 3: And people have different theories about what led to this
- 6:50Speaker 3: period of near hysteria, but I think many believe it
- 6:54Speaker 3: was a time of two parent families. Both parents were working,
- 7:00Speaker 3: children were being taken care of by strangers or near strangers,
- 7:04Speaker 3: and all it takes is rumor and innuendo that something
- 7:10Speaker 3: untoured is happening in these places. And the Little Rascals
- 7:14Speaker 3: is a great example, and that's right here in North Carolina.
- 7:18Speaker 3: The trial which was against every worker and owner at
- 7:22Speaker 3: that daycare center. That trial was occurring for the owner
- 7:26Speaker 3: of the center, just minutes away from where Howard Dudley lived.
- 7:30Speaker 3: The stories were in the New York Times, were in
- 7:32Speaker 3: the international papers, were in every local newspaper, and in
- 7:35Speaker 3: that one newborn babies were being tossed to sharks off
- 7:39Speaker 3: the coast of North Carolina. There were pirate ship allegations.
- 7:44Speaker 3: Clearly the stories of children. But the other important piece
- 7:48Speaker 3: of this period of time was that no research had
- 7:51Speaker 3: really been conducted on whether young children could fabricate such stories.
- 7:56Speaker 3: So if they told you a quote story, that story
- 8:01Speaker 3: had to be true. Any listener who is a parent
- 8:04Speaker 3: today knows that that's a crazy notion. Children make up
- 8:09Speaker 3: stories all the time. They lived in fantasy. But that
- 8:12Speaker 3: was that period. Today it is known that children can
- 8:16Speaker 3: line that it's really important to conduct interviews of children
- 8:20Speaker 3: in a certain way that the medical evidence that was
- 8:23Speaker 3: believed to be dispositive abuse at the time.
- 8:25Speaker 1: Is not a friend of mine named Gus Gussler. I
- 8:27Speaker 1: don't know if he ever came across him, but he's
- 8:29Speaker 1: a criminal defense lawyer for a long time in North
- 8:31Speaker 1: Carolina and he defended one of these cases. He was
- 8:34Speaker 1: actually representing a man who was a golf pro whose
- 8:37Speaker 1: wife operated a day care facility, and just because he
- 8:41Speaker 1: would go and pick her up from work once in
- 8:43Speaker 1: a while, he got caught up in it as well.
- 8:45Speaker 1: And I believe he got convicted because at the time
- 8:48Speaker 1: it was just like everybody was just believing anything that
- 8:51Speaker 1: anybody said. And of course these were crimes that never
- 8:54Speaker 1: even happened.
- 8:55Speaker 3: We represent one of the last surviving multi defendant, multi
- 9:00Speaker 3: children cases from this period, and the man was convicted
- 9:03Speaker 3: in nineteen eighty seven and it absolutely nothing happened. But
- 9:08Speaker 3: he was a van driver for a daycare center with
- 9:11Speaker 3: some cognitively impaired adults on the van as well, and
- 9:15Speaker 3: two of those adults were boyfriend and girlfriend, and they
- 9:19Speaker 3: were doing as the children said, the married people were
- 9:21Speaker 3: doing married people things on the bus and that's how
- 9:25Speaker 3: it started. And it ended up with our client Junior
- 9:29Speaker 3: Chandler in prison since nineteen eighty seven and we'll be
- 9:32Speaker 3: there for the rest of his life unless we can
- 9:34Speaker 3: successfully petition the cord.
- 9:36Speaker 1: There are still so many people suffering in prison, like
- 9:40Speaker 1: Junior Chandler, James King, whose case we've covered on the show.
- 9:45Speaker 1: And if you have the opportunity, please go back and
- 9:47Speaker 1: list to that one. That one it hurts my heart
- 9:49Speaker 1: and we'll have it linked in the bio. And then
- 9:51Speaker 1: who knows, maybe you know something, maybe there's something you
- 9:53Speaker 1: can do to help. And Howard, you haven't even been
- 9:55Speaker 1: home that long. It was only two thy sixteen when
- 9:59Speaker 1: you got out. Let's turn to the story at hand. Here.
- 10:02Speaker 1: This was October thirteenth, nineteen ninety one, which was a Sunday.
- 10:05Speaker 1: Amy had just been returned to her mother and had
- 10:07Speaker 1: Miss Starkey, and I understand that over the weekend you
- 10:10Speaker 1: had been firm with Amy about something, as parents off
- 10:13Speaker 1: and are when trying to raise their children, you know
- 10:16Speaker 1: the right way, and she had a complaint that you
- 10:19Speaker 1: were quote nasty, And it was at this point that
- 10:22Speaker 1: Miss Starkey began a series of leading questions resulting in
- 10:26Speaker 1: some very serious allegations and accusations.
- 10:29Speaker 3: Well, what's really important is that the babysitter was predisposed
- 10:32Speaker 3: to believing that Howard was mean and would do anything right.
- 10:37Speaker 3: So when Amy said my daddy is nasty, she went
- 10:42Speaker 3: straight to sexual and said does he put his mess
- 10:45Speaker 3: inside of you? So at that, given Amy's other characteristics,
- 10:50Speaker 3: you know, she went with it. And she had been
- 10:53Speaker 3: inappropriately watching adult TV. So she had seen the Sally
- 10:56Speaker 3: Jesse Raphael show where they had talked about rape.
- 10:59Speaker 1: So with a head fall of adult content and being
- 11:03Speaker 1: pressed for an explanation about her meaning of the word
- 11:06Speaker 1: nasty by Miss Starkey with a suggestive line of questioning
- 11:09Speaker 1: like does he put his mess inside you? I mean
- 11:12Speaker 1: that's the first direction she went in talking about Amy's dad. Eventually,
- 11:16Speaker 1: under this absurd and obscene pressure, nine year old Amy,
- 11:21Speaker 1: who was even more impressionable than her contemporaries, allegedly said
- 11:24Speaker 1: that Howard had quote humped her and quote had s
- 11:28Speaker 1: e X with her. So the accusation was reported to
- 11:31Speaker 1: Diane and then the police.
- 11:33Speaker 2: Diane and Miss Starkey, I think they noted certain things
- 11:37Speaker 2: that they can run down into the polls with it
- 11:39Speaker 2: and they gonna come back running with handcuffs and wants.
- 11:42Speaker 2: I think they you that Auto tried the Little Rascal.
- 11:45Speaker 2: They you that as an opportune time to vent her
- 11:49Speaker 2: ang out at me.
- 11:50Speaker 1: Of course, in this incredibly fraud time period, with the
- 11:53Speaker 1: Little Rascal case looming in the headlines, the Kingston Police
- 11:57Speaker 1: and Leonora County DSS were primed to jump on a
- 11:59Speaker 1: case like this one. But it soon should have been
- 12:02Speaker 1: clear that these accusations of sexual activity on multiple occasions
- 12:06Speaker 1: were totally false, because when they began to ask Amy
- 12:08Speaker 1: to retell it happened. She told at least nine different
- 12:11Speaker 1: stories to DSS nine, and the stories were both inconsistent
- 12:15Speaker 1: and wildly implausible, if not impossible. For example, she said
- 12:20Speaker 1: that on one occasion she had been stabbed and that
- 12:22Speaker 1: a neighbor came and halted the alleged attack. There was
- 12:25Speaker 1: no evidence, of course, that she had ever been stabbed,
- 12:27Speaker 1: and no neighbor could corroborate this story. There was also
- 12:30Speaker 1: a claim about him putting hot sauce on his privates
- 12:32Speaker 1: and the hot sauce smelled like goats, and you know,
- 12:35Speaker 1: it starts to go into really bizarre and obviously patently
- 12:39Speaker 1: false territory. This was all supposed to be happening inside, remember,
- 12:43Speaker 1: just a tiny trailer while Howard's wife was there nursing
- 12:47Speaker 1: their newborn. Just wholly unbelievable. I mean, there was also
- 12:51Speaker 1: a claim in which she was supposed to have been
- 12:54Speaker 1: raped while wearing pajamas and underwear.
- 12:56Speaker 3: Which she said that time with the pajamas, she was
- 12:59Speaker 3: wearing her pandies and pajamas, and yet she was vaginally
- 13:04Speaker 3: penetrated by her father. Well, you can't do that through pajamas.
- 13:09Speaker 3: Amy was the evidence, and blessed her heart, she is
- 13:13Speaker 3: the faulty evidence in the case, and it's not her fault.
- 13:17Speaker 1: Remember she was a nine year old child with intellectual
- 13:20Speaker 1: limitations and didn't know how things worked, including sex, and
- 13:24Speaker 1: what would happen to her father with these false claims.
- 13:26Speaker 1: And we know Amy immediately recanted after trial. She clearly
- 13:30Speaker 1: feels guilt about that all these years later, But she
- 13:34Speaker 1: was a child nine years old and the adults in
- 13:36Speaker 1: her life, as well as the authorities, should have known better.
- 13:39Speaker 1: And as it turned out, there was one person that
- 13:41Speaker 1: did so. As his protocol in a case where there's
- 13:44Speaker 1: a dispute between legal guardians and a miner's interest must
- 13:47Speaker 1: be looked. After Amy was assigned a guardian ed LTAM,
- 13:51Speaker 1: and this person also looked into the allegations. While Amy
- 13:54Speaker 1: was being interviewed and the claims were being verified.
- 13:56Speaker 3: The guardian ed Lightem read everything you know. His job
- 14:00Speaker 3: is to advocate for the best interests of the child
- 14:04Speaker 3: and he concluded that it was an Amy's best interest
- 14:07Speaker 3: not to let her testify falsely against her father, and
- 14:11Speaker 3: he decided that not from the start of his investigation.
- 14:14Speaker 3: He decided at the end of his investigation, he did
- 14:17Speaker 3: a full investigation. He interviewed people who knew Amy, He
- 14:20Speaker 3: went to her school. He understood Amy's pensions, her limitations,
- 14:26Speaker 3: her characteristics, the other actors. He read the reports. He
- 14:31Speaker 3: did a full investigation, a fuller investigation, and really tried
- 14:37Speaker 3: to stop the prosecution of Howard and to try to
- 14:41Speaker 3: stop the substantiation of abuse by the Department of Social Services,
- 14:46Speaker 3: but he was unsuccessful.
- 14:48Speaker 1: So you mentioned an important word here, substantiation. The police
- 14:52Speaker 1: were waiting for that to move forward with an indictment
- 14:55Speaker 1: and as unclear if THESS even knew that. So even
- 14:58Speaker 1: though the guardian a item could see the writing on
- 15:01Speaker 1: the wall after the initial investigation in interviews, dss inexplictably
- 15:05Speaker 1: continued down this course towards substantiation, and on December fifth,
- 15:08Speaker 1: nineteen ninety one, they filed the petition in Lenor County
- 15:11Speaker 1: Juvenile Court alleging abuse and neglect, and there was a
- 15:14Speaker 1: hearing two weeks later in which Howard was ordered to
- 15:16Speaker 1: seize contact with Amy and Diana, at which point the
- 15:18Speaker 1: social workers also decided, despite the total lack of evidence
- 15:22Speaker 1: to corroborate Amy's claims, that they would go with the
- 15:25Speaker 1: mantra of that time that credence must be given to
- 15:28Speaker 1: the child's story, thus substantiating the claim and triggering the
- 15:31Speaker 1: police to act more aggressively. But something else happens here
- 15:34Speaker 1: that makes absolutely no fucking sense. It's crazy, and it
- 15:37Speaker 1: all goes to show that the social workers didn't really
- 15:39Speaker 1: believe Amy's claims. Now, get this. The social workers agreed
- 15:43Speaker 1: to a plan in which Howard could potentially regain unsupervised
- 15:46Speaker 1: visits upon completing some kind of counseling for an unspecified
- 15:50Speaker 1: amount of time. I mean, am I missing something here?
- 15:52Speaker 3: You're not missing a thing. And they came to that
- 15:55Speaker 3: conclusion after they had a team meeting how can you
- 15:59Speaker 3: substantial the allegations, because if they believed them to be true,
- 16:03Speaker 3: they never could have given visitation to the person who
- 16:07Speaker 3: perpetrated those kinds of acts. That said, when we interviewed
- 16:11Speaker 3: the lead social worker years later, I asked, do you
- 16:14Speaker 3: sometimes just substantiate so you can get access to the family,
- 16:19Speaker 3: in other words, do a deeper investigation? And she said yes, yes, yes,
- 16:27Speaker 3: evidently without any appreciation about what substantiating the allegations would
- 16:32Speaker 3: lead to, and in fact did lead to in Howard's case.
- 16:53Speaker 3: The police department then charged because the Department of Social
- 16:56Speaker 3: Services were substantiating, and they were substantiate largely because they
- 17:01Speaker 3: had to give creence to the child, which is in
- 17:03Speaker 3: their report, and also because they wanted to figure out
- 17:07Speaker 3: what was going on with this family, so they had
- 17:09Speaker 3: to substantiate something to get DSS access to the family,
- 17:13Speaker 3: if that makes sense. Of course, couldn't have happened the
- 17:17Speaker 3: way she described it, given the size of the trailer
- 17:20Speaker 3: and where people were sleeping, and that Howard's wife was
- 17:22Speaker 3: home with a newborn and waking up every hour throughout
- 17:26Speaker 3: the night to take care of this newborn and had
- 17:28Speaker 3: a two year old close by. It just didn't happen.
- 17:31Speaker 3: And the guardian Atenliden, who was overridden by DSS and
- 17:34Speaker 3: Kingston Police Department, he didn't succeed in stopping the train
- 17:39Speaker 3: that had already headed off the station.
- 17:42Speaker 1: Right, this is a crime that not only didn't happen,
- 17:44Speaker 1: you also have that there was no opportunity even for
- 17:48Speaker 1: Howard to have done this or anyone to have done
- 17:51Speaker 1: this in the space that they cohabitated. As you just said,
- 17:56Speaker 1: so Howard turned it to you during this period of
- 17:59Speaker 1: time time, where were you, were you being held, were
- 18:02Speaker 1: you out on bond? And what was going on in
- 18:06Speaker 1: your mind? You were a guy who had no previous
- 18:08Speaker 1: interaction with the criminal justice system. You were a good
- 18:10Speaker 1: young man, right.
- 18:11Speaker 2: That's right. I was sitting back in that count of jail.
- 18:14Speaker 2: My lawyer, mister Harvey, he comes in. He started talking
- 18:17Speaker 2: with me about a plea bargain. He told me said
- 18:19Speaker 2: things ain't looking good for you. And I learned that
- 18:22Speaker 2: the plea bargain basically saying that you were guilty, and
- 18:26Speaker 2: that's all I need to hear.
- 18:27Speaker 1: Right there.
- 18:27Speaker 2: I said, oh no, I said, no plea bargain for me,
- 18:30Speaker 2: and he got a little hystericause he said, muster dog.
- 18:33Speaker 2: This is one thing that he told me was true.
- 18:35Speaker 2: If you don't take the flea bog, you're gonna be
- 18:36Speaker 2: gone for a long time. That's what he told me.
- 18:40Speaker 2: And then it kind of hit me kind of hard.
- 18:42Speaker 2: Think about my children here, wife here, how were they
- 18:46Speaker 2: gonna survive? I begin to think about it. So I
- 18:48Speaker 2: talked it over with my wife. She pointed at me,
- 18:51Speaker 2: she said, you tell the truth, just like you've been doing.
- 18:54Speaker 2: And so that's what helped me make my choice to
- 18:57Speaker 2: stick with it. I don't regret it. I don't regret it.
- 19:00Speaker 2: I had to leal with Howard. I got to get
- 19:02Speaker 2: up here more and look at Howard in the mirror.
- 19:04Speaker 2: If I would had gave them what they wanted to
- 19:07Speaker 2: taken the pleete boggain, I don't think I'll be sitting
- 19:09Speaker 2: here talk to y'all today. I think he took me out.
- 19:12Speaker 1: I think it's easy to understand not being able to
- 19:14Speaker 1: live with yourself if you had to say publicly not
- 19:16Speaker 1: only something so disgusting, but also so patently untrue. Although
- 19:21Speaker 1: some people are fine with things like that, I mean,
- 19:22Speaker 1: consider our former president, but Howard is not like that.
- 19:26Speaker 1: So you stuck to your innocence righteously and went to trial. Now,
- 19:30Speaker 1: as Teresa mentioned earlier, Amy was the only evidence in
- 19:33Speaker 1: this case, false evidence of course that she immediately recanted
- 19:36Speaker 1: after trial. But that's all there ever was. And I
- 19:40Speaker 1: want to turn to Teresa here, because when you dove
- 19:42Speaker 1: into this case many years after the wrongful conviction, you
- 19:44Speaker 1: did what Howard's learned really everybody else should have done
- 19:48Speaker 1: in the first place, was was to appropriately assess Amy's
- 19:50Speaker 1: mental state and competency to stay on trial. Now we
- 19:53Speaker 1: alluded to this earlier, the fact that she had some
- 19:56Speaker 1: intellectual limitations. Can you tell us what you learned.
- 19:58Speaker 3: Amy has some challenge, a psychological problem, stid then does
- 20:03Speaker 3: now she has some cognitive limitations more suggestible than ninety
- 20:11Speaker 3: nine percent of the population. So this was a little
- 20:14Speaker 3: girl who at nine probably was much younger in her
- 20:19Speaker 3: affect and her intellectual attainments. There's a real question about
- 20:24Speaker 3: whether she was competent to stand trial, and I think
- 20:28Speaker 3: everyone will be interested in learning how they assessed her competence.
- 20:32Speaker 3: They asked her if she knew her colors, if she
- 20:34Speaker 3: knew her letters, if she knew a number of things,
- 20:38Speaker 3: and she answered yes to each of those, without demonstrating
- 20:42Speaker 3: that she in fact knew her colors knew her letters.
- 20:46Speaker 3: You could ask a one and a half year old
- 20:49Speaker 3: yes or no questions and they likely answer yes.
- 20:53Speaker 1: I mean, this poor girl was just thrust into this
- 20:55Speaker 1: situation answering questions about these vulgar, terrible ass of which
- 21:01Speaker 1: she had no knowledge because at most she had heard
- 21:03Speaker 1: about them from an episode of Sally Jesse, Raphael, her babysitter,
- 21:06Speaker 1: or more likely the prosecutors. She should have just been
- 21:10Speaker 1: in school, but instead she was in a courtroom walking
- 21:12Speaker 1: through these inconsistent and implausible statements of lies let's call
- 21:17Speaker 1: them what they are, that she had made up? So
- 21:19Speaker 1: how did they make her sound credible to the jury?
- 21:21Speaker 3: When she testified, she was asked leading questions because she
- 21:26Speaker 3: was a child. You usually can't ask leading questions or witnesses.
- 21:30Speaker 3: There's a prohibition, But with a child you can ask
- 21:33Speaker 3: leading questions if you request it and you're the stay. So,
- 21:36Speaker 3: of course, as you might imagine, the testimony was bare bones,
- 21:41Speaker 3: but also quite different from the previous tellings of the
- 21:46Speaker 3: story by Amy.
- 21:47Speaker 1: So the prosecutor was allowed this sort of way of
- 21:50Speaker 1: leading Amy through a coherent narrative. Meanwhile, I understand the
- 21:54Speaker 1: DSS reports, which contained all of Amy's interviews. Now those
- 21:56Speaker 1: reports were all with hell.
- 21:58Speaker 3: We've been talking about the different retellings by Amy, and
- 22:01Speaker 3: the wild inconsistencies among the tellings and the outlandish details,
- 22:08Speaker 3: So all of that was withheld. Howard didn't know about
- 22:11Speaker 3: them at the time of trial, and his defense lawyer
- 22:13Speaker 3: didn't know. Now this state new. The prosecutors knew because
- 22:18Speaker 3: they had access to the DSS records, and certainly the
- 22:20Speaker 3: DSS social worker who led the investigation knew. Even when
- 22:25Speaker 3: it's the era of one must give credence to the child,
- 22:28Speaker 3: there was still one hopes it would have been a
- 22:31Speaker 3: jur or two at least who would say no, no, no, no,
- 22:35Speaker 3: that's crazy talk, and maybe would have hung the jury.
- 22:38Speaker 3: I like to believe that the defense lawyer would have
- 22:40Speaker 3: won to outright acquittal if he had had those documents
- 22:44Speaker 3: and had done even a modicum of investigation of his own.
- 22:48Speaker 1: And he had not, and this was a guide I'll
- 22:51Speaker 1: forget who had been practicing law for only about a
- 22:53Speaker 1: year and had devoted only about thirty hours of this case,
- 22:56Speaker 1: including the two day trial. He filed no pretrial motions,
- 22:58Speaker 1: nor conducted any of the investigation, including it to Amy's
- 23:02Speaker 1: competency or the story she had told. He could have
- 23:04Speaker 1: also hired an independent medical expert, who knows how helpful
- 23:07Speaker 1: could have been.
- 23:08Speaker 3: When children are believed to have been physically abused sexually abused,
- 23:12Speaker 3: child medical evaluation report is completed in this case when
- 23:17Speaker 3: was worn by DSS. I believe it was done three
- 23:20Speaker 3: weeks later, which is a mistake. But they did three
- 23:23Speaker 3: weeks later, and there was no physical evidence of abuse. Importantly,
- 23:29Speaker 3: at trial, Howard's defense lawyer did not call an independent
- 23:34Speaker 3: medical expert. He called that doctor, the one who conducted
- 23:38Speaker 3: the child medical evaluation for the state, and he got
- 23:43Speaker 3: that doctor to say, no, there wasn't any physical abuse.
- 23:46Speaker 3: But that doctor also said, in a lot of cases
- 23:49Speaker 3: of sex abuse, the exam is normal. So that was
- 23:54Speaker 3: completely unhelpful.
- 23:56Speaker 1: I mean to have the medical examination conducted three weeks later.
- 24:00Speaker 1: Our bodies are elastic, they heal. Of course, they weren't
- 24:04Speaker 1: going to find anything three weeks later unless the damage
- 24:06Speaker 1: was so severe, which I don't even want to imagine,
- 24:08Speaker 1: and thankfully we don't have to in this case. There
- 24:10Speaker 1: was no damage even three weeks earlier, so Amy's mother,
- 24:14Speaker 1: Diane and Lydia made the babysitter also took the stand. Obviously,
- 24:17Speaker 1: they weren't witnesses to anything, so I'm not sure what
- 24:19Speaker 1: they had to offer on And Howard, you took the
- 24:22Speaker 1: stand as well, denying the charges, saying that the comment
- 24:24Speaker 1: about you being nasty, this all started with you disciplining
- 24:27Speaker 1: Amy for poor behavior. Your wife also testified about the
- 24:30Speaker 1: size of your mobile home and how she had never
- 24:32Speaker 1: heard any screams or anything unusual during Amy's visits, as
- 24:35Speaker 1: well as how she was up at all hours nursing
- 24:38Speaker 1: a newborn, which rendered all these claims impossible.
- 24:42Speaker 2: And one more thing, I heard that a jewis said
- 24:46Speaker 2: that I was believable and Amy was believable, but they
- 24:49Speaker 2: said at the end of the day they had to
- 24:51Speaker 2: go with the daughter.
- 24:53Speaker 1: No, why not go with.
- 24:55Speaker 2: The ether dance?
- 24:56Speaker 1: Right? I mean, if you have two people telling completely
- 24:59Speaker 1: different stories, now granted one of them as a nine
- 25:02Speaker 1: year old child, go with the evidence.
- 25:05Speaker 3: The problem with these cases, particularly during that period of time,
- 25:10Speaker 3: was that people were told they had to believe the children.
- 25:16Speaker 3: His daughter is saying it right, Why would she say
- 25:19Speaker 3: that it has to be true?
- 25:21Speaker 1: Ultimately, the jury went out. When they came back in,
- 25:24Speaker 1: did you still have hope that finally the truth would
- 25:28Speaker 1: come out and you could go back to your normal life.
- 25:31Speaker 2: When you was an innocent individual. Absolutely, you look for
- 25:35Speaker 2: them to come back, get this over with, f I
- 25:37Speaker 2: can go home, go back with my life. As I
- 25:40Speaker 2: stood that, that's what I was looking to hear. And
- 25:43Speaker 2: I watched twelve jurors come out and say guilty, guilty, guilty.
- 25:49Speaker 2: I say, I can't believe this is happening. It's ridiculous.
- 26:15Speaker 2: You know what society sometimes saying what people in philm say,
- 26:19Speaker 2: you were found guilty. I liked to use the term
- 26:22Speaker 2: I was made guilty, but they had absolutely nothing to
- 26:27Speaker 2: prove that I was guilty. And inside PRISM, that's a
- 26:31Speaker 2: terrible case to carry inside the prison because everybody is
- 26:37Speaker 2: talking have their opinion about your case or what they
- 26:42Speaker 2: seen on the news. I slung hard to my relationship
- 26:46Speaker 2: with God and I met other Christians that was in
- 26:49Speaker 2: prison God that had made some mistakes, bad choices, and
- 26:53Speaker 2: we connected and sharing my story talking to them, that's
- 26:58Speaker 2: what helped me to be again to deal with my
- 27:01Speaker 2: situation at hand, and it got a little better from there.
- 27:04Speaker 2: And people began to believe in me. I never dropped my.
- 27:07Speaker 1: Relationship with God.
- 27:08Speaker 2: I kept it for the twenty four years in prison, prayer,
- 27:13Speaker 2: read my Bible each and every day. That's something I
- 27:16Speaker 2: did every day, repetition. That was my survival course.
- 27:20Speaker 1: I'm glad that you found a way through considering what
- 27:22Speaker 1: prison in life can be like for someone found or
- 27:24Speaker 1: actually made guilty of a crime like the one that
- 27:27Speaker 1: never happened in this case. And it must have eased
- 27:29Speaker 1: your burden in your mind a bit. When your daughter
- 27:31Speaker 1: Amy came forward to recant immediately after trial, can you
- 27:34Speaker 1: tell us about that? Did it surprise you? I knew
- 27:37Speaker 1: my daughter.
- 27:38Speaker 2: It didn't surprise me. But what surprised me she did
- 27:42Speaker 2: it so quickly. I knew my daughter. I knew she
- 27:45Speaker 2: couldn't live with that because she and I were so close.
- 27:47Speaker 2: It wouldn't have been so bad. We had a close relationship.
- 27:51Speaker 2: I was a good day and I loved my daughter,
- 27:53Speaker 2: still love her the day. That's why it affected her
- 27:55Speaker 2: so bad when she had to live with what she
- 27:59Speaker 2: had to live with, which was a lot. Right now today,
- 28:01Speaker 2: she'll tell me right now today that I think I
- 28:04Speaker 2: owe you an explanation I said, no, you don't owe
- 28:07Speaker 2: me an explanation. I know I was a good day.
- 28:09Speaker 2: I wasn't a perfect day. I definitely wasn't a perfect boyfriend.
- 28:13Speaker 1: Yeah. And by the way, you don't get life in
- 28:15Speaker 1: prison for being a bad boyfriend. Not even in this
- 28:18Speaker 1: country did Diane ever come around.
- 28:19Speaker 2: Before Diane Amy's mother passed away, she was even trying
- 28:24Speaker 2: to get me out of prison. We went to court
- 28:26Speaker 2: and she made a statement. I didn't know Amy wood Lyne.
- 28:29Speaker 2: I thought she was telling the truth. These are her words.
- 28:32Speaker 1: So with these two very powerful recantations, plus support from
- 28:36Speaker 1: family and your church, they hired a lawyer to mount
- 28:39Speaker 1: your post conviction campaign.
- 28:40Speaker 2: My family hired a seasoned lawyer in Kenston, James Perry.
- 28:46Speaker 2: We thought that he would do the investigation that never
- 28:49Speaker 2: occurred previously when we realized that the information that was
- 28:52Speaker 2: needed to free me. He didn't get it. But he
- 28:55Speaker 2: did come down to talk to me when I was
- 28:57Speaker 2: in prison. But his conversation it was only about me
- 29:01Speaker 2: taking a flea bark and get out of Frism. I
- 29:03Speaker 2: wasn't about to say I committed a crime against my
- 29:05Speaker 2: daughter just to get out of film. If I was
- 29:08Speaker 2: going to do that I would never came to film
- 29:09Speaker 2: because that door was open for me at the very beginning.
- 29:12Speaker 3: So the reason the earlier lawyers, including mister Perry, failed
- 29:16Speaker 3: is in part because they had a fundamental misunderstanding of
- 29:21Speaker 3: what you needed to do to get relief in a
- 29:25Speaker 3: recantation case. The recantation the case is when the principal
- 29:29Speaker 3: witness or a material witness lies during the trial and
- 29:34Speaker 3: then they admitted, like Amy did immediately after the trial,
- 29:37Speaker 3: she was with a different babysitter. That babysitter was reading
- 29:41Speaker 3: a Bible story about truth and Amy started crying and said,
- 29:45Speaker 3: I lied on my daddy. So that gives you an
- 29:47Speaker 3: opportunity to go back into court on a recantation claim.
- 29:50Speaker 3: But what they did was just put Amy on the stand,
- 29:53Speaker 3: and Amy says, okay, I lied. But they don't give
- 29:55Speaker 3: the judge anything else because then the judge has, well,
- 29:58Speaker 3: she told story a trial and now she's telling story
- 30:01Speaker 3: b How do I decide which one is the truth?
- 30:05Speaker 3: So when we got it, we said, how can we
- 30:08Speaker 3: provide the judge the context to understand that Amy's recantation
- 30:14Speaker 3: is true and her trial testimony is false?
- 30:17Speaker 1: Right? Not only was his trial lawyer wildly ineffective, but
- 30:21Speaker 1: his seasoned appellat attorney neglected to do what was necessary
- 30:24Speaker 1: in a recantation case as well, so as I understand it,
- 30:26Speaker 1: Howard's friend a volunteer who would come into work in
- 30:28Speaker 1: the prison chapel, a guy named Lewis Alexander May he
- 30:31Speaker 1: rest in peace. He advocated for Howard with the Duke
- 30:34Speaker 1: Wrongful Convisions Clinic, and that really put Howard on the
- 30:37Speaker 1: radar and on the path of freedom.
- 30:38Speaker 3: A really important step along that path, though, was a
- 30:44Speaker 3: series of articles written by a man of a journalist
- 30:47Speaker 3: named Joseph Neff who's now with the Marshall Project. He
- 30:50Speaker 3: worked for the Raleigh News and Observer and he wrote
- 30:52Speaker 3: a series on Howard's case that really helped us, including
- 30:58Speaker 3: he got an interview with the Guardian at Lightham who
- 31:01Speaker 3: spoke out of turn. He realized he shouldn't have spoken
- 31:05Speaker 3: to a journalist and called the journalist the next day,
- 31:08Speaker 3: I believe and said, can I say now that that
- 31:10Speaker 3: was all off record? And the journalist said no, And
- 31:15Speaker 3: so we had what the Guardian and Lightem thought about
- 31:18Speaker 3: the case. We accepted Howard's case in two thousand and eight,
- 31:22Speaker 3: and we investigate fully.
- 31:26Speaker 1: We had a.
- 31:26Speaker 3: Remarkable expert, a woman named Sally Johnson, an MD psychiatrist,
- 31:32Speaker 3: and she did testing of Howard and Amy and it
- 31:37Speaker 3: was extremely helpful information. But it did take five years
- 31:41Speaker 3: to file the motion for appropriate reliefs that collected all
- 31:45Speaker 3: of the evidence. During that time, we were also talking
- 31:48Speaker 3: to the district attorney, which is what we do in
- 31:50Speaker 3: every case. We try to get the district attorney to
- 31:54Speaker 3: agree with us and join us in seeking relief for
- 31:57Speaker 3: our clients. But it didn't work in that case, actually
- 32:00Speaker 3: lasted through that district attorney and another. We then had
- 32:04Speaker 3: to go before the judge, Judge Paul Jones, who was
- 32:07Speaker 3: the last person to deny relief to Howard. We had
- 32:11Speaker 3: to convince him not to bar us procedurally which is
- 32:15Speaker 3: a court mechanism, and to allow us to reopen the
- 32:18Speaker 3: case in court, and we did. He allowed us to
- 32:22Speaker 3: go forward with all of our claims and then he
- 32:25Speaker 3: re accused himself, so we had a different judge.
- 32:28Speaker 1: So now you Jamie Lao, who our listeners will of
- 32:30Speaker 1: course remember from the Ronnie Long case, and another great
- 32:33Speaker 1: lawyer of Spencer Paris, a friend of yours. Therese a
- 32:35Speaker 1: tremendous trial lawyer who came out of retirement just for
- 32:38Speaker 1: this case. The three of you prepared for this hearing
- 32:40Speaker 1: in twenty sixteen.
- 32:42Speaker 3: We had seven claims. The very first claim which I
- 32:46Speaker 3: was amused when I look back at it this morning.
- 32:48Speaker 3: The very first claim is Howard Dudley is innocent, and
- 32:50Speaker 3: then we lay out and make just an argument for
- 32:53Speaker 3: his innocence. You can't win on innocence. There is no
- 32:57Speaker 3: pre standing claim in North Carolina or nearly anywhere. But
- 33:03Speaker 3: innocence is enough. But if you actually make a claim,
- 33:06Speaker 3: a real claim of it, there's just a corresponding increased
- 33:10Speaker 3: likelihood in the past cases. He looked at of relief,
- 33:13Speaker 3: so I'm like, we're leading off with claim of innocence.
- 33:16Speaker 3: So but then the other claims were all the context right.
- 33:19Speaker 3: So it was that Amy was tested on suggestibility and
- 33:22Speaker 3: she truly is more suggestible than ninety nine point nine
- 33:25Speaker 3: percent of the general population. And that was done by
- 33:29Speaker 3: doctor Sally Johnson. That was a real forensic evaluation that
- 33:33Speaker 3: Amy has low IQ in the sixty eight range, which
- 33:38Speaker 3: makes her less able in some ways to understand the
- 33:41Speaker 3: ramifications of what was happening. That it arose in this
- 33:45Speaker 3: period of mass hysteria, and we explained the context of
- 33:49Speaker 3: the little Rascal's trial happening essentially next door. We had
- 33:52Speaker 3: three claims, and in effective assistance of counsel, that explained
- 33:56Speaker 3: everything that the lawyer failed to do, including getting all
- 33:59Speaker 3: the documents from the department's Social services and from Paul Porter.
- 34:03Speaker 3: The Guardian enlightened, so we put all of that together
- 34:06Speaker 3: and that bolstered Amy's recantation. One amazing thing that happened
- 34:12Speaker 3: at that hearing, though, was that when Amy was on
- 34:15Speaker 3: the stand and it's difficult for her as a nine
- 34:18Speaker 3: year old, as a teenager again and then as a
- 34:20Speaker 3: grown woman, but the judge asked if he could speak
- 34:24Speaker 3: to her directly.
- 34:25Speaker 2: The judge turned it toward Amy and he said, look
- 34:28Speaker 2: at me. This ain't got nothing to do with Just
- 34:30Speaker 2: between me and you. He said, did your daddy do
- 34:32Speaker 2: anything to you? She said, no, sir, and that was
- 34:35Speaker 2: all he needed.
- 34:36Speaker 1: So on March second, twenty sixteen, the Honorable Judge Parsons
- 34:40Speaker 1: agreed that Amy's recantation was credible, that there was ineffective
- 34:43Speaker 1: assistance of counsel, and that the prosecution failed to disclose
- 34:46Speaker 1: both the Social Services report as well as the fact
- 34:49Speaker 1: that the Guardian ad litem had concluded that Amy's claims
- 34:52Speaker 1: were false. The prosecution would eventually dismiss all charges two
- 34:56Speaker 1: months later. But what was that moment like when the
- 34:59Speaker 1: judge vacated your confection and finally ordered you at least
- 35:02Speaker 1: from prison and.
- 35:03Speaker 2: We sit there and caught miss Newman held my arm.
- 35:06Speaker 2: She would look around at my family and would a
- 35:08Speaker 2: smile on and I knew it was going in our favor,
- 35:11Speaker 2: but I had had so many let down so I
- 35:13Speaker 2: didn't know what to believe, you know, and so when
- 35:16Speaker 2: things really like to knock me out. When that judge
- 35:19Speaker 2: turned around and looked at me said most of Della,
- 35:21Speaker 2: you're going home today, I said to myself, did I
- 35:25Speaker 2: hear what I think I heard? And I didn't tell
- 35:28Speaker 2: me Nan, I was more fainted. But that was a
- 35:31Speaker 2: great moment. My family, everybody started to roy in the
- 35:35Speaker 2: court room, and it was just a high moment.
- 35:38Speaker 3: My favorite story is, because I'm a lawyer and a
- 35:41Speaker 3: rule follower, We're walking out and Howard's wearing his prison
- 35:44Speaker 3: guard and he's just dropping it behind him on the ground,
- 35:48Speaker 3: and I'm like, we've got to read Howard we have
- 35:50Speaker 3: to return these. He looked at me like I was insane.
- 35:55Speaker 3: I am not worried about returning.
- 36:00Speaker 1: Close.
- 36:02Speaker 3: We get outside and they're just throngs of his supporters
- 36:06Speaker 3: and reporters and Joe Naffer of the series on News
- 36:10Speaker 3: attended the whole hearing. He was writing more it was
- 36:13Speaker 3: a truly joyous, joyous day.
- 36:17Speaker 1: It was great.
- 36:18Speaker 2: It was great when I walked out the door. Freedom,
- 36:22Speaker 2: It was freedom. But it hit me that my wife
- 36:26Speaker 2: wasn't there to see this. She worked so hard, My
- 36:29Speaker 2: mama wasn't there to see this. That was a moment
- 36:33Speaker 2: that called me to break down. They were hard at
- 36:36Speaker 2: this pacificlar moment because they wasn't there. They worked so hard.
- 36:40Speaker 2: One day my wife just fell digated my mama. I
- 36:44Speaker 2: visit her the last time in Rex hospital. We sung together,
- 36:48Speaker 2: we prayed together, we cried together, and I left that day.
- 36:52Speaker 2: I knew that would be the last time I would
- 36:53Speaker 2: see her alive. And those emotions just came on me
- 36:57Speaker 2: all at once when I was walking out, and it
- 37:00Speaker 2: just overtook me. But very good day, you know, a
- 37:03Speaker 2: very difficult day.
- 37:05Speaker 1: Bittersweet, yeah, bittersweet. So then in April twenty eighteen, you
- 37:11Speaker 1: followed the federal civil rights suit against the City of Kinston,
- 37:13Speaker 1: seeking compensation. They eventually settled in July twenty twenty one.
- 37:17Speaker 1: And you know, I mean nothing they could ever pay
- 37:21Speaker 1: you with make up for.
- 37:21Speaker 2: What you lost, absolutely nothing, absolutely nothing.
- 37:26Speaker 1: And then you are granted a pardon of innocence from
- 37:29Speaker 1: Governor Roy Cooper. So not only did the prosecution dismiss
- 37:32Speaker 1: the charges, but then you've got it officially recognized, officially.
- 37:36Speaker 2: Yes, I got hanging on my wall. I'd like to
- 37:41Speaker 2: say this right here, Jamie, most of special miss Newman,
- 37:46Speaker 2: the Duke Law Team. I like to see it like
- 37:48Speaker 2: this right here.
- 37:49Speaker 1: They saved my life.
- 37:53Speaker 2: They saved my life. I can't put it in no
- 37:56Speaker 2: better words in that right there, all of them.
- 37:59Speaker 1: Well, we'll be sure to link up to the Duke
- 38:02Speaker 1: Law School Wrongful Conviction Clinic, but check the link in
- 38:06Speaker 1: the bio in the episode. And now I'll turn to
- 38:07Speaker 1: closing arguments. You know, it starts off with me, of course,
- 38:09Speaker 1: thanking both of you for joining us, Teresa Howard, and
- 38:13Speaker 1: so now we're going to turn to closing arguments. This
- 38:15Speaker 1: is the part of the show where I turn my
- 38:17Speaker 1: microphone off and leave both of yours on and just
- 38:21Speaker 1: listen to anything else you want to share with me
- 38:24Speaker 1: in our audience. So, Teresa, why don't you go first?
- 38:27Speaker 1: Then hand the mic off to Howard, and Howard you
- 38:30Speaker 1: can take us out into the sunset.
- 38:32Speaker 3: Every time Howard and I have an opportunity to talk
- 38:35Speaker 3: about this case, whether it's publicly or in private, I
- 38:39Speaker 3: learn something new about Howard. And what I learned today
- 38:46Speaker 3: is that Howard sees himself as sort of every man
- 38:52Speaker 3: or ordinary man, just a regular person trying to live
- 38:57Speaker 3: his life, when in fact, I and the people who've
- 39:01Speaker 3: gotten to know him through this long journey would say
- 39:04Speaker 3: he's truly extraordinary in that he refused to do what
- 39:11Speaker 3: I think so many of us would do to go
- 39:15Speaker 3: home to be with our families. He refused to take
- 39:18Speaker 3: that early exit with the plea bargain before trial and
- 39:23Speaker 3: later when it looked like maybe it was going to
- 39:26Speaker 3: be offered through the previous lawyers, and he refused to
- 39:29Speaker 3: do that because he is a man of truly remarkable integrity,
- 39:35Speaker 3: and as he says, I wanted to be able to
- 39:38Speaker 3: look in the mirror and say, you know, I could
- 39:41Speaker 3: not have taken that plea and admitted to doing the
- 39:45Speaker 3: things that I did not do. In that that I
- 39:47Speaker 3: have lived my life in a different way from what
- 39:50Speaker 3: they expect me to say. So, Howard, you're truly extraordinary.
- 39:54Speaker 4: Well on my behalf, I might say that Teresa Jamie Muster, Spencer,
- 40:02Speaker 4: mister Coleman, the Doke Law students like saying that they
- 40:06Speaker 4: have helped to restore my integrity of the law.
- 40:10Speaker 2: Didn't think they were such thing after my situation as
- 40:13Speaker 2: any lawyer that had a heart, I really didn't think
- 40:17Speaker 2: that until they restored it. There is some good lawyers
- 40:21Speaker 2: out there. There is some that got a heart. There
- 40:25Speaker 2: is some that want to do the right thing. There
- 40:27Speaker 2: is some that take their work serious. There is something
- 40:31Speaker 2: that out there that really really care about what they
- 40:35Speaker 2: are doing people life. Like I said earlier and I
- 40:39Speaker 2: continue to say this, because they saved my life.
- 40:43Speaker 1: I was in a.
- 40:44Speaker 2: Situation that I didn't think I would never get.
- 40:46Speaker 1: Out of it.
- 40:46Speaker 2: I had so many nose I didn't think it was
- 40:48Speaker 2: such things. Yes, when it come down to lawyers and
- 40:51Speaker 2: this was the turn, I had no idea. But I
- 40:53Speaker 2: can never say enough about what they had done on
- 40:57Speaker 2: my behalf, restoring my freedom back and back with my family,
- 41:01Speaker 2: and children, even though they have wrong now, but I hold.
- 41:05Speaker 1: It all to them. Well.
- 41:07Speaker 2: Family will family, real family.
- 41:16Speaker 1: Thank you for listening to Wrongful Conviction. I'd like to
- 41:19Speaker 1: thank our production team Connor Hall, Jeff Cliburn and Kevin Wardis,
- 41:23Speaker 1: with research by Lyla Robinson. The music in this production
- 41:26Speaker 1: was supplied by three time OSCAR nominated composer Jay Ralph.
- 41:30Speaker 1: Be sure to follow us on Instagram at Wrongful Conviction,
- 41:33Speaker 1: on Facebook at Wrongful Conviction Podcast, and on Twitter at
- 41:37Speaker 1: wrong Conviction, as well as at Lava for Good. On
- 41:40Speaker 1: all three platforms, you can also follow me on both
- 41:43Speaker 1: TikTok and Instagram at it's Jason Flam. Wrongful Conviction is
- 41:48Speaker 1: the production of Lava for Good podcast and association with
- 41:50Speaker 1: Signal Company Number one