Latest / DA CREW Podcast / SEASON 2 DA CREW PODCAST_EPISODE _70_ HOST SHANETTE W JOHNSON

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SEASON 2 DA CREW PODCAST_EPISODE _70_ HOST SHANETTE W JOHNSON · DA CREW Podcast

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one and Let's talk about it. You welcome. Thank you for joining me
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for another episode of Let's Talk About It. On today episode we will continue
2:46
so I talk with Kevin Thornton, who's currently incarcerated in California. His conviction
2:53
is he was sentenced to forty seven years plus double life sentence growing up and
3:00
in the San Bernardino area, he got into a little trouble, but you
3:07
know, we all make mistakes. So this evening, sit back, relax,
3:15
get your favorite cup a drink, and let's go on this journey with
3:20
Kevin. As he explained to us his case in detail, Hello, Kevin,
3:30
I am doing well in yourself. Yeah, thank you again for having
3:36
me. Yeah. I try to make this uh you know, uh complete
3:43
is possible. Hello, yes, okay, so we're going to just jump
3:52
right on into your case. You know, if anyone have any questions for
3:57
Kevin, we're gonna give you an opportunity to to ask question. Just drop
4:03
them in the in the feed and if I see him or if Angela seem
4:10
angela, can you let me know what what is being said? Please?
4:15
So Kevin talk about it. Yeah, well, the last one we left
4:24
off, I was talking about my second crin like how I wound up committing
4:30
uh an additional offense after you know, the initial you know, restore a
4:35
robbery and let my mother know I had some money in the monopoly box and
4:41
you know her perspectives regarded you know, Klon. So after that, probably
4:48
about a month after that, that crime happened in January, so probably a
4:53
month later, which is actually February twenty seventh. I can't back because I
5:00
was on probation for my my my run out that I did was close,
5:05
you know when I told you about when I got into it with my uh
5:09
stepfather you know, uh coming up. So now I'm on probation, I
5:18
have a curfew. I go to the apartments which is in Redlands on Post
5:23
Street, and I go into the apartments. Ah, and while I'm there,
5:29
you know, I run into a few guys that I know, which
5:31
is two guys I committed to from the prior too, and then uh one
5:36
of the other guys that actually had stopped the other guys from shooting me,
5:41
and they were on their way to do something. So one of the guy's
5:45
names was Curtis, and that day he was supposed to go perform a robbery
5:51
or whatever, uh at a at a store. So I was getting ride
5:57
home, but I was with them. I knew on our way by the
6:01
place to do the robbery that you know, uh, he was probably gonna
6:04
do the robbery. They was gonna drop me off. So I went with
6:11
him. And what happened was that he didn't go through with the robbery,
6:15
and when he didn't go through with the robbery, it became a thing,
6:18
oh you're scared, et cetera. You know, he was dropped off.
6:21
Okay, one of the things he has said. And I tried to have
6:28
someone contacted before to uh see if he would actually testify to know to what
6:32
he did. And he was like, well, uh he said, what
6:40
was that again? He said, oh, yeah, we't you just have
6:43
youngs to do it, which was a reference to me. You know.
6:46
So anyway, they dropped him off back in the apartments and they took me.
6:51
I thought I was going home, but on our way home, we
6:55
stopped by a store. There's a store on Washington Street, which is like
6:59
one from my house, and there's a little donut shop there, and I
7:04
was directed. They was like, well, we need some money, et
7:08
cetera, et cetera. So you know, they tried to get me to
7:11
go into the donut shop and rob a person that worked at the donut shop.
7:15
This this person who worked at this shop was actually my next door neighbor,
7:19
okay on Clay Street. So this was a kid I went to school
7:24
with. Okay, so they want to sit me in with a mask to
7:29
go rob a donut shop. Everything. Hell, So, yeah, I
7:32
just wanted to ask you a quick question, real quick. So you're you
7:38
wasn't the one that originally that was going to go and to do the robbery.
7:46
You said, someone named Curtis. That's the original person that was going
7:49
to go in there. Exactly exactly. This was something. Yeah, this
7:56
was a robbery of a particular check cash and I think it was on Post
8:01
Street. It was on Broxton and Rent in California. But it was all
8:05
my way to the house, you know, on their way to my house.
8:09
Because what's interesting is that he lived a block over. The Curtis actually
8:13
lived the block over. And but yeah, I wasn't an initially the person
8:18
supposed to go through or do anything. Okay, So after they dropped him
8:22
off, we wound up at the donut shop where my next door neighbor worked
8:26
at. And the guys in the car they knew they knew my next door
8:30
next to work at the donut shop. And this all goes back to,
8:33
you know, committing a similar crime to you know what I actually knew about.
8:37
You know what I told you all about it the first podcast, So
8:41
you know, chechnically. You know. They wanted me to shoot somebody,
8:46
you know, and I actually refused to go through with their crime. And
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as a result of me refuses, this is when I got took to a
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secondary location, which is uh what is It's the Norton Credit Union in uh
9:01
California. So you know, let me I want to ask jumping right quick,
9:05
and I ask you for I asked you a question because you said that
9:11
you was tooken to another location after you refuse to do the first the first
9:20
robbery, right, yes, yes, so how did you get You got
9:28
into the car voluntarily or what you know, that's exactly yes, yeah,
9:35
so yeah, from the beginning of the volunteery because these guys like again they're
9:41
like they're like my friends, you know, we communicate with each other.
9:43
We just played around, we go play. So yeah, I got a
9:48
volunteer. Now from there the situation became once again. Uh well, I
9:58
mean in this particular and I actually had a gun pointed at me. Okay,
10:01
so this is unlike the other incident. You know, this is where
10:07
it's like going towards Okay, you know, this is where it's starting to
10:11
get like more risk, you know, because I guess because the guy didn't
10:16
like that I refused to go through the crime or I felt like I had
10:20
some you know, some fight back or some test fortitude or something. And
10:24
this is an older man, you see what I'm saying, and uh he's
10:28
not liking how everything is going down, you know. But yeah, if
10:35
you can take if you can, I need you to speak up some so
10:39
they can't so they can hear you sound a little low, okay, yes,
10:46
yes, okay, I'll okay. So yeah, so that's what happened.
10:50
You know. I had an incident where yes, the weapon, there
10:54
was a weapon drawn, and uh I wound up at another location, which
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is the Norton Credit Union, and uh I was being sold here to actually,
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you know, go through with the robbery. Uh go rob the next
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person who comes to you know, the credit union. That was the situation,
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you know, and unfortunately it happened to be a white guy by the
11:18
name I think Leon Lloyd Leon Allen Boyd. That's actually his name, I
11:22
remember saying clearly. And while at the credit union, I tried to rob
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the guy, and uh I told him, you know, the handover the
11:33
money. I didn't threaten to kill him or anything. Of that nature because
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I was in the state of fearing myself, you know, which actually shows
11:41
with what I did next. But okay, so let me, uh,
11:45
let me slow you down just little. I want to get people called up.
11:48
So you when it when you went to the credit union, you said
11:52
that since you didn't go ahead with the first robbery, that the guy point
12:01
had a gun to you. Yeah, yeah, yeah, yeah, exactly.
12:07
Yeah. He had pulled it out and told me like, hey,
12:09
bro, you know it was one of those situations, and that's what I
12:15
had already previously experienced something like that. But the person who stopped it the
12:18
first time when I told you in the first episode, was he wasn't in
12:24
the car no more. Curtis is the actual person who stopped it from the
12:28
first time happened. So now that Curtis is not in the car no more,
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you know, he reverts to you know, how he pushes. And
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this is the thing. The person who's involved in his differ it is his
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name is his nickname, which is all officers in the court, you know.
12:43
His name was the Boogieyman. Okay, so you got somebody named Bookieman
12:50
who's in the car with a kid trying to frighten the kid to convict Frinds.
12:56
Okay, so let me yeah, let me ask you this. How
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you how old was you at the time when this this occurred? And how
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was the person that you said that had the gun to you that in the
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car? Would you fight name boogeyman? How you know? Well, yeah,
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I was, I was fifty, I was fifteen. I just I
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was fifteen and he was a nineteen So you was being bullied by an adult
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to commit this crime. Yeah, I mean at that time, at that
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time, at that time, nineteen year olds weren't youth offenders, you know,
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even though you know they are youth defenders. You know, that's something
13:48
very very important paying addition to now with the changes in our societies and on
13:54
laws. So so yeah, but at the time, at that time particular
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incident, I was in the car with two adults as actually three adults,
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but one of them had got out of the car, which was Curtis.
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And what was the age of these adults that you was in the car with.
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Well, all of them were older. I think the Curtis was probably
14:15
about twenty. Uh. It ranged from nineteen nineteen to twenty somewhere around there.
14:20
Okay, so they were all like young adults, all young adults.
14:24
Yeah. Okay, so now we're we're at the were at the credit union.
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What's going on? Yeah yeah, okay, we're so at the credit
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when I go to rob you know, uh mister Lloyd, Uh, I
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told him to hand over the money and pulled out the gun. Went through
14:46
with everything after that. Uh Lloyd actually went into his pocket and he he
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you know, he raised his hand and you know, yeh fuck me,
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you know, but he raised his hand at me, and it was like
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a fin that he described when he actually went to court that I was too
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close and too far away from him to get the gun from me. So
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what he did was sin. He made it seem like he had a gun.
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I actually thought he had a gun. It might have been a key
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that I saw the home or whatever. From the keys, thought he actually
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had a gun. And from there, you know, I just wind a
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dish in charge of the weapon. But it wasn't a situation where I intended
15:30
to kill this person. And this is something to remember, is that they're
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trying to charge me. They did charge me. They charge me even an
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intend to commit attempt to murder. Okay, So this is a This is
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pretty much like a robbery gone back. Okay, so you know, let
15:50
me you know, I'm trying to Okay, I'm trying to get a picture
15:54
of this in my head. Where was Yes, the other two guys that
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was in the car, what was the adult set? They were in the
16:06
car. They were in the car. Yeah, they were in the car.
16:08
They were in the car. So one of them actually testified because he
16:11
turned himself into the uh, he turned himself in and he indicated that he
16:19
tell me not to go through with the crime, abort mission, all kinds
16:25
of stuff like that. Inside of the record, you know that it was
16:27
pretty just me, like I was this kid who was just in control of
16:32
everything, and I had the guns and I didn't have no guns. I
16:34
don't have anything like that. But anyway, they those were inside of the
16:38
car. I was the kids that was doing everything. That's something I learned
16:45
to realize. You know, said that they committed funds and they did things,
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but I wound up finding out that, well, I was the only
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one actually committed fonds. You know. So yeah, so they you actually
16:57
was in this crime. You was forced to rob the guy at the credit
17:04
union. This was the situation of coergent because I refused to go through with
17:11
the robbery. So this is definitely that situation. But like when you go
17:18
through the course system, it's like you think about being competent. You don't
17:25
know these things, and that's that's the issue. Like when I got to
17:27
the court, I didn't know even when I was the juvenile court, I
17:32
didn't know I possessed the legitimate defense because they say urgent and stuff is a
17:37
legitimate defense fifteen years old, I don't know what that is. I don't
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know that. Well, that's actually an innocent claim. I didn't know a
17:48
thing like that. And that takes me to my attorney or in e.
17:51
Congen, who was just bored. You know, I was never advised of
17:56
anything. Yeah, okay, before we get to your attorney being discard.
18:03
When you was in how long did it take for them to arrest you on
18:11
this on this case? How long did it take? Oh? Well,
18:17
that night when once the shooting began, you know, uh, I ran
18:22
and thank I didn't even get in the car to get back in the car
18:26
with the people who took me to in the car because I knew something.
18:30
There was just too much going on. Uh, I didn't know what my
18:34
situation with my certain was. I didn't have the money. I didn't you
18:40
know, I rent, So I didn't even get in the part with him.
18:42
I rent, and I got to you know myself. You know.
18:48
So later that night, one of the officers said Branton actually came to the
18:52
apartment because there was an one called made from the apartment. But this was
18:57
a pager and from this page call officers wind up, I guess they had
19:03
the other individuals in custoing, and they wind up the pajor call to the
19:08
residents where me and Curtis and placed us in in a in a in a
19:14
uh, I would call it just line up. It was a pill lineup.
19:18
And that's when I actually got that. I got arrested, probably a
19:23
couple of hours, an hour or two after. Okay, they brought the
19:29
victim, Lloyd, to the to the place. Also, yes, okay,
19:33
so now the ribery was a chaos and now yeah, nobody got shot
19:41
or killed. Yeah, and the two adults remained in the car. So
19:45
once everything went down, you went, Joe Wade, they went their way.
19:49
Then with this pager, the police tracked the number two the area where
19:56
you was that and that's how you got arrest Then you did. They did
20:00
a few yeah, line up, still, line up exactly, and they
20:07
had the witness there and the witness identify you. So now you've been arrested.
20:10
Now you're in court. So you go to court and the judge that
20:15
you standing in front of John Martin. Yes, now this is this is
20:21
my court judge. So he was my juven now court judge for when I
20:26
got arrested for the grand theft runouts too, when I stole the clothes,
20:30
so before him, and he had told me that once I came back,
20:34
you know, he said do you know he said that, you know,
20:37
uh in nineteen. So I'm before him and he's my juvenile court judge.
20:45
Now we're going through the fitness hearing process, which is part of seven or
20:48
seven fitness hearing. Now they're just I didn't rather, they're going to bind
20:53
me over into a dope court. So there are certain cases, which is
20:57
if you commit which is still seven h seven figuets here like a tempted murder,
21:03
if you use the gun and the commissioner or cop the charge with a
21:07
twelve h to two point five three twenty five the life gun enhancement there are
21:11
certain crimes that make the judge taking the consideration and likely to bind you over
21:18
to a dope court. Okay, so my case fit the you know,
21:23
if it's the parameter is sent over to a uh to a an adult court.
21:30
So that's that's what wind up happening, you know. And like I
21:37
was, I'm surprised that this same juvenile court judge would appear in my dope
21:44
court case like he would be uh, he would move to the Superior Court
21:48
of San Bernardino County and then as my DoPT court judge in the same very
21:55
time. I didn't understand it, and I mentioned it on the record,
21:57
and you can tell when I mentioned it, they were like, well,
22:00
I don't know anything about your case, and I don't. I don't remember
22:04
anything. And I'm like, okay, this doesn't make any sense. But
22:08
but yes, that's what happened. Okay. So once you get to I'm
22:15
just trying to fill everybody in just in case they can't hear you. So
22:21
once you got to juvenile court, the judge that was presided over you doing
22:27
juvenile court had transferred you to a court adult court because of your case fit
22:34
the criteria of being transferred to adulte over to the adult court. I'm having
22:41
with my mouth. So once you get there, once you get there,
22:48
the same judge that transferred your case to adult court is now getting ready to
22:55
preside over your trip. Is that what you're saying? Yes, yes,
23:03
exactly. So now he's he's the judge presiding over my adult my case in
23:07
a dope court. Okay. So the entire time, you know, I
23:12
had Bybrant content and I had all of these states. I told him everything.
23:17
He never investigated any of my witnesses. He never Uh. I only
23:23
seen him twice and there's only two things on record where he actually came to
23:29
see me when I was in juvenile hall. Two times. It was when
23:32
he got appointed to be my attorney, and then when it was time to
23:36
go to trial. Okay. So you know, during the situation, you
23:41
know I'm being charged with being charged with the Timpton murder, my codependent,
23:47
they decided to sign sign out uh in complete bargains UH with the prosecutor to
23:52
testify against me. Okay. And that's what's bizarre. It's like, well,
23:56
do you take somebody to go do some of them and you wind up
24:00
getting caught And now you're testified against the kids. Okay, So they signed
24:07
out with a prosecutor, uh to testify against me. And in the course
24:14
of that, like I said, nobody was shot or killed, but they
24:18
were showing things in a paperwork and my mother, UH, during my case,
24:22
she attempted suicide. And this was her second suicide attempt. Uh.
24:26
The first suicide attempt she did was when I was like nine years old,
24:30
when I found her overdose off appeals. My stepfather laughed about the matter.
24:37
It was very ridiculous. But this has given you an idea of what kind
24:41
of household I'm in. I'm in, you know, why I have systements
24:45
against my step father, things of that nature. So this time she actually
24:52
split both of her wrists, you know. And it was it was regarding
24:56
my case. One of my aunts had indicated that she saw the paperwork about
25:02
how much time you can get fifty years double life days of that nature,
25:06
and she tried to kill herself. So that happened a late nineteen ninety nine.
25:12
Okay. So October October nineteenth, nineteen ninety nine is what they when
25:18
they brought up the change of flea contracts. But the issues with the change
25:22
of flea contract is that they interview into a they interview to an open flea
25:27
on record. But the paperwork that I signed for it was a plea bart,
25:32
which is another issue that deals with a competence, you know, and
25:36
laws. So the document, the change of peaceform says, I waive and
25:40
I give up my rights because I'm getting the benefit of my plea bart.
25:44
But when I entered into court Byron Khan, you entered me to an open
25:48
flee for all charges, meaning I'm guilty of attempted murder, I'm guilty of
25:52
all of these other things where it shows factually on the record, there's no
25:56
factual basis for these things. There's no factual basis that I intended to kill
26:00
anybody or anything like that, which is stuffing on that document. I've sent
26:04
you the probation before the recommendation of don the bear uh inside of that or
26:11
that that report it establishes before I entered into before they even entered me all
26:17
the way into the pleet, that I did not have to murder nobody or
26:19
shoot nobody. Okay, And she actually talks about inside of there that I
26:26
received negative fear pressures, but the she minimizes that it doesn't go off the
26:30
record because the the the actual uh detective indicated that I was compelled to my
26:37
proms that there was a fear from my life two folds, like there was
26:41
a twofold fear, you know. So this is one of the issues that
26:47
that that's kind of like ridiculous inside of the case, you know, but
26:52
it's still the situation. I'm gonna slow you down just just to tas fit.
26:59
Yeah, I'm trying to keep up with you. So you're saying that
27:06
doing your trial right, they got the two the two older people that took
27:14
you to do this robbery that put the gun to your head, that you
27:17
fall in the back of the car, fall in the car. With that,
27:19
they went to the state. They gotta took a deal with the state
27:26
the term to talk you know y and doing that your your mom seeing the
27:37
paperwork, she tried to kill herself twice with slitting her wrists and everything.
27:44
Uh wow, M wow. That's something else. And you said that you
27:52
signed you think you're thinking that you're signing a paper on a plea bargain amount
28:03
of time. Yes, but in reality, you was your public defender.
28:08
Had you signed uh paper that you're going to confess to all the charges in
28:15
open court. Yes, exactly, exactly. So that's that's what happened,
28:22
you know. So like on the paperwork you have, it says on there
28:26
that you know, well, I entered my flea because I was being railroaded.
28:30
My attorney wasn't helping me, right, But it's it's it's evident that
28:37
what was going on that that he wasn't actually helping me. You know,
28:41
I had a legitimate lea of defense. None of this stuff was being brought
28:45
to life. And even even even after we entered into the flee, even
28:49
before Simpson was imposed, uh, we found documents to withdraw, to withdraw
28:56
the plee. So before the sentence was imposed, we found documents to withdraw
29:00
the plea. Byrony Congen was no longer my attorney anymore. We didn't have
29:04
somebody named Damon Martin who who was supposed to be a case. What's that
29:10
famous football player about a Chicago? He was on something brown? Anyway,
29:15
I have someone, I think Cornell. I guess he wants to ask you
29:23
a question or he have a statement? Is Cornell available, angela h Okay?
29:37
I guess he's not available right now? So go ahead with what you
29:47
was what you were saying, Kevin, Yes, so so uh, I
29:56
was talking about the point. What was my last statement I was telling you
30:02
about us. Yeah, the free bargain papers. Yeah, the pre bargain
30:06
papers. If there's a change of plea form, says I wait and give
30:08
up my rights because I'm getting the benefit of my plea party. There were
30:11
actual boxes on the thing that were added to the report, like there were
30:18
boxes that were X out that I wasn't supposed to sign. Then they got
30:22
drawn boxes on the side with my initials in there to say that I actually
30:26
signed for that box. Okay, So uh the paperwork that you have,
30:33
it actually shows that the probation report it says that you know, I didn't
30:37
have an attend to kill nobody, that my mother to suicide, and that
30:42
my attorney wasn't helping me at all in my case that I've seen that.
30:48
I have one question of right quick for you, just let you know.
30:52
That's because we got some questions coming through. So I have a question from
31:00
Arthur Black Diamonds. She wants to know do you have any appeals left?
31:07
No, well, I don't have a situation. I've went through my appeal
31:12
process. But the new thing is is they have a new case regarding matter
31:19
of fact. That the case called Nrie Albert C. Two forty one Cal.
31:26
Lap Fourth, fourteen thirty six. And there's another one by Timothy J.
31:33
Fifty eight Col. Report, third, seven forty six. Now what
31:37
these laws and stuff do is they deal with the issues of competency, Okay,
31:42
and competency is the present ability of a minor or anybody to assist their
31:48
attorney or or frame their defense. So these laws didn't exist back in nineteen
31:57
ninety eight, ninety nine. These laws are recently okay, with the new
32:01
development and medical technology regarding u c l A, you know, with brain
32:07
development. So these things have changed everything. They've had to revamp everything regarding
32:13
juvenile laws and stuff like that. Right, what the course are doing is
32:16
they're they're they're forcing us to go through a door of which is what do
32:22
you call it? The role? Okay, and they want to consider things
32:27
after the fact. Okay, this is a post Hockey valuation of confidence.
32:31
Okay. At the time the miner was going through everything they was going through,
32:36
he wasn't confident. Now, attorney, I need you to slow down,
32:43
just bigh Okay. I know, I know you're getting excited and you
32:50
want to get all your information out there. So they basically they your lawyer
32:57
tried to say that you was in confident or what do you what do you?
33:02
No? No, he did it, No, he did it.
33:05
What they did was is they hit the fact that I was incompetence. Okay.
33:10
So remember the judge, the judge of juvenile court is the judge who
33:15
built dealt with my initial competency hearing as a part of your seven h seven
33:22
at tendance here, and you have a right to a competency here. Okay.
33:25
So he finds me over to the dope court saying that I'm competent.
33:30
Now when he gets to the dope court, he's presiding over the issue again.
33:35
So he's the one way my competence gets okay. So he's ignoring the
33:40
fact, he's ignoring the fact that they're entering me into this stuff. And
33:45
I don't understand it. I don't understand the difference between a plea and a
33:49
plea. Barty, you don't have a legitimate defense exactly every listen, adults
33:58
do not even confrehend in law. Okay, how and me and fifteen year
34:02
olds. I'm going to comprehend any law to where I can enter into a
34:06
contract. And minors are traditionally prohibited from inert to any contract. Please,
34:13
are governed by contract wawk, So a kid can't sign for a contract.
34:17
So how do I sign my life away in a please? How do I
34:22
do that? How am I allowed to do that? Well? Hold on
34:24
right quick, I have Cornelli's back and okay, yes, how are you
34:44
good? Go ahead with your question. Yes, I can hear you.
34:52
Yeskay, okay. My first question would be this, going your terrogation,
35:00
you say you got caught the same night as the offense. Okay, during
35:02
your interrogation. Did you have a sending member or a lawyer present during interrogation
35:07
number one? Number two, when you said that the lady guys sitting in
35:13
the car, who have who? Who actually puts you up to doing this?
35:16
When the store by yourself, by the lord, they gone, I
35:21
want to know why you didn't not report this to the inside, to the
35:23
manager on the inside of the store to say that you were being bullied Number
35:28
one to commit a crime. Okay, we know that. Number three,
35:31
you say you had a court an attorney who did not object for the trial,
35:36
the judge, then the juvenile judge over your case, and and adult
35:40
court. Are you saying that your attorneys him didn't realize the fact the same
35:45
juvenile judges your your dis the court judge, they did not have no opportunity
35:50
to object. But that allows you to go to an open fleet but flee
35:57
barking agree, he did not object. No, but this attorney's fit,
36:01
this bard. We don't know why, but they just did an investigation on
36:06
him. He's this bar so but yeah, none of that. We did
36:08
not object your correct. So so yo, your public defender knew that the
36:15
judge reside over your juvenile was the one that transferred to you from juvenile to
36:20
a dope. Yes, yes, yes he did. He had knowledge of
36:27
that because I openly did it in court. While I was talking to the
36:30
judge. I recognized the judge and I said, hey, you're my juvenile
36:32
court judge, you know. And that's when I told you they begin to
36:37
buckle over their words about you know, what was going on? You know?
36:42
So yes, So, I think that the one of the things to
36:45
look at too is is technically this judge the vantage point for gaining our gauging
36:51
competency exists with a judge and the attorney. They're the ones that you know,
36:54
can stipulate, Ay, my client isn't competent or the judge knows from
37:00
him filling with you that you're not competent. Now, in nineteen ninety nine,
37:05
while my court, why my case was going on, the Judicial Council
37:09
Cast California ru was of court ninety eight. Okay, what this did was
37:15
it actually was a judicial state wide mandate regarding competency hearings and kill them to
37:22
judge the juvenile court. So they changed the whole parameters of us that at
37:29
that time in nineteen ninety nine. But the judge in my case, he
37:32
did not He did not send me back to the juvenile court to receive any
37:37
benefits regarding the arguments regarding competence that have been statewide passed. Because the courts
37:45
knew that there was something going on. They knew that miners weren't component,
37:49
so they needed to create more standards to you know, govern that issue.
37:52
But I never went back to court in nineteen ninety nine. Okay, so
37:58
did you have a jury, how was that? Well? No, well,
38:04
I mean the plea, the plea when we tried to withdraw my plea.
38:09
We got somebody named Damon Martin, not a whittier, and he tried
38:15
to withdraw my plea, but he didn't bring up the sack of the record.
38:20
You know. He argued that I was not intelligent. You know,
38:24
I entered the plea intelligently. I wasn't smart enough to enter the flea.
38:30
And then on top of that that I had I had. I can argue
38:35
just the charge because the victim actually made a move that made me think that
38:38
he had a gun, which would have actually showed that I didn't have an
38:43
intention murder. But we never actually brought up was the thieves that was in
38:46
the record regarding the officers in the level of pure pressure actually experienced. You
38:52
know. So the question is is when does when does certain pressures become compotions?
38:59
Like at what level? And what do you do with a record that
39:01
identifies that with an officer identifies like, wait a minute, this minor was
39:07
chose to do this. He wasn't just toposed to do this. He was
39:09
from a situation where he had to do this. Well, you had,
39:14
you had you had a gun to your head for the being forced to do
39:19
it, because I would think that would fall up under the rest that you
39:23
know, if if there was paying attention to your statement. Now I have
39:30
another question. Do you have a copy of your youth a transcript of your
39:35
youth records? No? And that's that's been the problem. Uh. I've
39:40
never been able to obtain any documentary regarding that my my judge Martin when I
39:50
was in a juvenile court. And that's so critical because the argument is is
39:54
how did I get bound over to a dope court with a juvenile record,
40:00
juvenile case that indicated that well, I was forced into the commission of my
40:04
crimes? Like, how does somebody get bound over for that? Like that
40:08
doesn't make sense, you see what I'm saying. So if from the beginning
40:14
the officers saying that, well, the miner was like forcing the commission of
40:17
his crimes, how does a miner get bound over to a no court to
40:22
where he can be here responsible? So you know, I'm listening to mister
40:32
Cornell. I think he was trying to ask you a questioning terrogation interrogation.
40:43
Did you have an attorney, family member president doing a terrogation? First of
40:47
all? Second of all, when you took did you have anybody what you
40:58
do in your terrogation a lawyer or your mom. No, he was by
41:05
himself and mister. Okay, So the court didn't recognized the fact that Joe
41:15
interrogation process was illegal. You know, in any evident stopped paying as a
41:19
result of you not having the opportunity to have family momber President. Means that
41:22
your whole criminal conviction is no good. That means that you could not have
41:28
honcuity, gave a confession and nobody challenged that your molly, you didn't challenge
41:32
that court with it. No, Listen, the court wouldn't even recognize the
41:39
fact that the the uh that the uh, that the officers had walked them
41:47
at two o'clock in the morning throughout them looking for the whopens Okay, that
41:53
I had thoughts. The court doesn't even recognize that when I actually that I
42:00
was interrogated in a bathroom, a police bathroom, while I had my genus
42:07
out urinated with officers surrounding. They don't they don't recognize none of that.
42:12
Okay, that is a crazy situation. All of this stuff is in the
42:15
record. Okay, you don't interrogate a minor when he's in the rest room
42:21
with his penis out urinated? Are these you know, intimidation texts? Okay,
42:25
this is to make you. I don't even know how to explain it.
42:30
But all of this stuff is in the record. You know. Anybody
42:32
has to get the record to f r E zero two nine one five and
42:38
f r E zero two nine three. Oh so that f r he zero
42:44
two nine one five f r E zero two nine three. Oh Schaer,
42:49
you know, County, everything inside of the paperwork. Wow, wow,
42:55
have you made your record? Have you made have you ever made a request
43:01
for your record? And have anybody told you that they're recommending this exactly?
43:10
Well, the juvenile court. I haven't been able to get anyone. I
43:16
just went to the court. I just came back to court. Okay,
43:20
Uh, this was something I was going to hold off to. But when
43:22
I went back to the court. I went back to court just a year
43:25
ago for a Franklin here where they're supposed to actually taking the consideration all midigating
43:30
factors. Every every paperwork I act for for the judge, he acts like
43:36
this was Judge Gregory Tavel. Okay, in the Seminardino Court. Every record
43:42
I act for, they act like they had it. They went into the
43:46
record and then they said they couldn't find it. Okay, this is ridiculous,
43:52
but that's the game they're playing. They're hoping that I don't have a
43:57
record, the records that that has right now and other people have. They're
44:00
hoping that I don't have the records. Okay. How many how many lawyers
44:08
have you had since your incarceration? Well, I've had. I've had Byrony
44:16
Kng, Then I had damon On Martin who tried to withdraw my plea.
44:21
After Damon Martin was Patrick Duna of San Diego, California, and then at
44:27
Anthony J. Dame after that I have to foul uh and hate his to
44:31
grow up the ladder myself. So those are the attorneys that I've actually had
44:38
inside of my case. Now. The last attorneys that I had was these
44:42
attorney's name and it's crazy because we thought they were real attorneys and it's name
44:49
uh Hulu Ali and witness Whitney Ali. Okay, they worked in seven to
44:53
be no week. My family actually paid them five thousand dollars to do a
44:58
Franklin here. When I got there, they to do anything, They lied,
45:01
they lied. My mother went on her went through a surgery and she
45:08
the surgery was successful, and she actually she killed herself. I mean she
45:15
she pulled the tubs out of her mouth while I was on the phone with
45:17
her, and she was telling me. My mother was very, very hurt
45:22
over the situation of how she was utilized to get me to enter into this
45:27
fleet contract. You know, I never seen my mother since I've been in
45:30
prison. You know, I've never seen her the entire time I've been in
45:32
prison. But it was very, very a difficult situation to deal with,
45:42
Okay, especially after all this time. I thought I was gonna get out
45:45
and see my mother. Okay, I'm yeah, I'm dealing with the the
45:52
role board right now. I went before the the role board. They denied
45:55
me to role even though fifteen year olds are in charge as a no more
46:00
in California, okay and jumping as uh if it's okay. Commission briefly is
46:07
that the the role situation is a ridiculous situation and brought up anybody about no,
46:20
he says, nobody followed any complaints about that. Judge, Wow,
46:27
Kevin, We're we're about out of time. I have to We're gonna have
46:32
to have you come back. Any final questions Minster Carnell. Yes, ma'am.
46:43
Okay, he can have him to file a complaint against the test of
46:46
being the juvenile judge, as of being his dist the court judge. Not
46:51
only that his play appealty is no good because his interrogation was no good.
46:54
He got to have family present because he's a juvenile. Number one, therefore,
46:59
any evidence of pain under them circumstances be used in court because his conviction
47:05
can't be obtained as a result of him being a witness against himself. Wow,
47:07
because he was a juvenile. So that's number one. Number two,
47:12
somebody got to find out, you know what I'm saying that this judge was
47:14
legally assigned to this court as a juvenile judge, to the district court just
47:17
to prosecute him. And if that's not possible, all of history of no
47:22
good because he's been certified by so that's what they need to do. Yeah,
47:30
exactly, honestly, Yeah, my mother pass so a family wise,
47:43
it's very limited, but I mean most things, y'all can recognize this.
47:47
Listen, Kamala Harris, like the Vice president, she she's all on this
47:52
paperwork. She was the district attorney during the time. She knows what's going
47:57
on. She knew what was going on, So I mean, this is
48:00
nobody knew should actually be where she is. But this is this is part
48:06
of her case. You see what I'm saying. You know, So,
48:07
I mean, my my thing is now I'm at a point where I would
48:12
hope that have you reached out we have a question. Have you reached out
48:19
to camp uh President? Yes? Her? Yeah? Well no, I
48:28
mean I reached out to Obama when he was in office, but that was
48:32
about it. But Kamala hass I haven't I have I don't. I'm in
48:37
prison. I do not know the means of actually contacting these people and me
48:42
contacting them. You know, I think it would be better if the public
48:45
contact because this is outrage. You know, people are doing this to minors.
48:51
It doesn't make sense, and it just doesn't make sense. My case
48:55
makes no sense. Okay, I've lost you know, Okay, every one
49:04
last question would be this, even every juvenile who is prosecuted by that judge.
49:10
Y'all's convictions are no good. That's a conflict adventures and y'all need to
49:15
get together and follow petition to the Judicial District Court for conduct and have all
49:20
of them cases overturned. Why, because that's what the jense is retaliating against
49:27
y'all because he is the juvenile. Did to give you that much time as
49:30
a juvenile, he following all of the rights, man, So that's what
49:34
y'all should do. Get a petition together, bottle with the judiciary court and
49:37
have all of the juvenile cases from whatever time he set in office to the
49:42
time he got the district court all of them cases with you. That's what
49:49
y'all should do for me, Thank you, because there's not his cases,
49:52
that's right, okay. Also, we didn't he didn't mentioned two adults in
50:00
the case. I believe I've seen in the paperwork. God, each one
50:06
of them received one year and they're out while he's serving fifty forty seven years
50:15
double life. This statistics show that two thousand, five hundred and seventy children
50:28
are sentenced as juvenile to life without the possibility of parole. And that's in
50:35
the state of calif in the United States, two hundred and twenty two hundred.
50:44
Let me, my mind is going up still probably jetlag two thousand,
50:49
five hundred and seventy children a year. That's entirely too many children. We
50:57
need to come together as a society and try to come up with something to
51:04
get our children back on the right path where they don't have to stand in
51:08
front of these judges, where they don't have to be peer pressured into doing
51:14
things. We need to come up with something a solution to save our children,
51:19
especially our black and brown men. Statistics shows that the black children,
51:25
black youth are the ones that are getting being sentenced as juvenile with life without
51:36
I thank you guys for joining me on this evening. I thank you Kevin,
51:43
mister Cornell. It's always a pleasure to talk to you. Join me
51:49
on this coming Wednesday. I have a bonus show. I have an activist
51:57
by the name or tanawan Down that will be joining me. He's gonna let
52:04
us know what's what he's doing. He's going around following motions or he with
52:15
the Attorney general of each states on behalf of families. So tune in on
52:23
Wednesday. I'm gonna put up my number where you guys can call and be
52:28
able to ask questions towards to Tanawak. Remember always speak up even if your
52:37
voice is shaky. I'll see you guys soon. Thank you again, Love
52:43
you and be blessed, thank you. Let's talk about it. What's your
52:51
hoption? At Johnson join me every first and third Monday of the month at
52:57
eight pm Eastern Standard him if this don't want and let's talk about it for
53:04
you, Oh Percy Mercy. All things ain't what they used to be.
53:15
Now Where did all the blue sky's but boys and the men that blows from
53:24
the Lord and something on person