Latest / Wrongful Conviction / #593 Jason Flom with Jeffrey Deskovic
Transcript
- 0:00Speaker 1: I first covered Jeffrey Deskovic's story back in 2017, which
- 0:04Speaker 1: was the first year of this podcast. Jeff's story is
- 0:08Speaker 1: one that I've come back to over and over again
- 0:10Speaker 1: over the years, not only because of the 16 years
- 0:13Speaker 1: he spent in prison for a murder he had nothing
- 0:15Speaker 1: to do with, I mean nothing at all, but also
- 0:17Speaker 1: because of what he's chosen to do with his life
- 0:21Speaker 1: after his exoneration. It's a hero's journey. And Jeff's story has...
- 0:26Speaker 1: A powerful connection to the two cases that we recently
- 0:29Speaker 1: revisited on this show. I'm talking about Andrew Krivak and
- 0:32Speaker 1: Anthony DiPippo. Because the same freaking polygraph operator who helped
- 0:37Speaker 1: extract the false confession from Jeff when he was just
- 0:40Speaker 1: 16 years old was later involved in the interrogation that
- 0:44Speaker 1: produced Andy Krivak's false confession. Yeah, these things, they happen
- 0:48Speaker 1: again and again. The same people are usually behind them. Anyway,
- 0:51Speaker 1: years later, Jeff and the Deskovic Foundation not only helped
- 0:55Speaker 1: to free Andy, But Jeff even put up his own
- 0:58Speaker 1: house as collateral for Andy's bail. Yeah, you heard that correctly.
- 1:02Speaker 1: That's the type of guy he is. So recently I
- 1:05Speaker 1: joined Jeffrey and filmmaker Gia Rizvi at the Sag Harbor
- 1:08Speaker 1: Cinema for a special presentation followed by a talkback that
- 1:13Speaker 1: we did together of 16 years. The 16 years is
- 1:15Speaker 1: Gia's amazing documentary about Jeff's wrongful conviction, his exoneration, and
- 1:23Speaker 1: all the work he's done since. I spoke there about
- 1:27Speaker 1: Jeff's incredible journey from being a young teenage kid railroaded
- 1:33Speaker 1: by the system to an attorney and advocate who fights
- 1:37Speaker 1: for others day in and day out to make sure
- 1:39Speaker 1: it doesn't happen to them. If you've been listening to
- 1:42Speaker 1: Bone Valley, The Devil's Quarry, which I hope you have,
- 1:44Speaker 1: and if you haven't, today's a good day to start.
- 1:46Speaker 1: Jeff's story provides important context for the cases of Anthony
- 1:51Speaker 1: DePippo and Andy Krivak. And moreover, for how these wrongful
- 1:56Speaker 1: convictions happen in the first place. So now, check it out.
- 2:00Speaker 1: Here's Jeffrey's story. Welcome back to Wrongful Conviction with Jason Flom.
- 2:07Speaker 1: Today's guest is someone fans of the show will recognize,
- 2:10Speaker 1: Jeff Deskovic.
- 2:11Speaker 2: Jeffrey Deskovic spent more than a decade in prison for
- 2:14Speaker 2: the rape and murder of a classmate. It was a
- 2:17Speaker 2: crime he did not commit.
- 2:19Speaker 3: A 16-year-old is arrested for rape and murder. He's grilled
- 2:21Speaker 3: by police and given a lie detector test, and eventually
- 2:24Speaker 3: the police talk him into a false confession, even though
- 2:27Speaker 3: DNA did not link him to the crime. He served
- 2:29Speaker 3: 16 years in prison before new testing shows another man
- 2:33Speaker 3: committed that crime.
- 2:34Speaker 2: In January 2006, the Innocence Project convinced prosecutors to take
- 2:38Speaker 2: another look at DNA evidence. New testing technology cleared Deskovic
- 2:43Speaker 2: of the 1989 crime, identifying the real killer and releasing
- 2:47Speaker 2: Deskovic into a world he no longer knew. Today, Deskovic
- 2:51Speaker 2: is a free man.
- 2:54Speaker 1: Jeff, welcome back to Wrongful Conviction.
- 2:56Speaker 4: Thanks for having me, Jason. It's always a pleasure.
- 2:58Speaker 1: And Jeff was here before with Amanda Knox and Jared
- 3:02Speaker 1: Adams when we did a very special Wrongful Christmas, where
- 3:05Speaker 1: he spoke so eloquently about what it was like being
- 3:08Speaker 1: locked up in a maximum security prison on the holidays
- 3:11Speaker 1: when Everyone else is out celebrating and the world's going
- 3:14Speaker 1: on without you. But this time, I'm really glad to
- 3:18Speaker 1: have you here, Jeff, because your story is so important.
- 3:22Speaker 1: And so I want to get right back into that.
- 3:25Speaker 1: You grew up in White Plains?
- 3:27Speaker 4: No, I grew up in Peekskill in Westchester County. My
- 3:30Speaker 4: case happened in White Plains. That's the county court.
- 3:33Speaker 1: People are going to scratch their heads or shake their
- 3:35Speaker 1: heads when I say this, right? In your case... DNA
- 3:39Speaker 1: evidence was presented at the trial that proved scientifically, with
- 3:44Speaker 1: no doubt, that you could not have been the perpetrator
- 3:48Speaker 1: of the beating, rape, and murder of the 15-year-old victim,
- 3:51Speaker 1: Angela Correa. There is no way on God's green earth
- 3:57Speaker 1: that you could have been the perpetrator, and yet you
- 3:59Speaker 1: were convicted anyway. And that's what makes, it's just, I'm
- 4:03Speaker 1: going to shake up the whole justice system and go, wait,
- 4:05Speaker 1: that's not possible. It can't happen. And you were basically
- 4:09Speaker 1: a child when this happened.
- 4:10Speaker 4: I was. I was 16 years old when I was arrested.
- 4:13Speaker 4: And by the time the trial happened and I was
- 4:15Speaker 4: wrongfully convicted, I was 17. So, yes, I was a child.
- 4:18Speaker 4: And I had very small awareness of what was going on,
- 4:23Speaker 4: totally dependent on the lawyer who was inept in a
- 4:26Speaker 4: lot of ways. It's fair to say that I was
- 4:28Speaker 4: particularly vulnerable.
- 4:30Speaker 1: It's such a tragic thing that happened to start with.
- 4:33Speaker 1: And this was a young girl who was in your school.
- 4:35Speaker 1: Were you in 10th grade at the time?
- 4:36Speaker 4: I was.
- 4:37Speaker 1: So you were in 10th grade. She was in 10th grade. Yeah.
- 4:40Speaker 4: She was in two of my classes as a freshman
- 4:43Speaker 4: and one as a sophomore. She was an immigrant from Colombia.
- 4:47Speaker 4: She'd been in the country for about a year and
- 4:50Speaker 4: a half. She lived a very, very sheltered life, as
- 4:52Speaker 4: I understand it, in which she never went outside unless
- 4:55Speaker 4: she was with her older sister or with her parents.
- 4:58Speaker 4: And this one particular day, she received a assignment in
- 5:03Speaker 4: her photography class to take some pictures of some foliage.
- 5:07Speaker 4: The teacher assigned male students with the female students, like
- 5:11Speaker 4: a buddy system for safety. And this male student who
- 5:16Speaker 4: was assigned to her played hooky on the assignment. And
- 5:19Speaker 4: so when Angela went to her house with her sister,
- 5:22Speaker 4: her sister went to the restroom. And when she came
- 5:26Speaker 4: back out, Angela decided to venture out on her own
- 5:30Speaker 4: that one day to take the pictures. And unfortunately, that
- 5:34Speaker 4: proved to be her last day.
- 5:37Speaker 1: It's unbelievable. I mean, it's really an incredible story. The
- 5:40Speaker 1: one day this poor little girl decides to, you know,
- 5:43Speaker 1: be brave, right?
- 5:44Speaker 2: Right.
- 5:45Speaker 1: So she ends up brutally beaten, raped, and strangled, right?
- 5:51Speaker 4: Yes.
- 5:52Speaker 1: And this must have caused pandemonium in the community.
- 5:56Speaker 4: It absolutely did. There hadn't been a murder in Peekskill
- 5:59Speaker 4: for about 20 years.
- 6:01Speaker 1: Wow.
- 6:02Speaker 4: And the whole city virtually shut down. I mean, Parents
- 6:06Speaker 4: were coming right to the high school, dropping their kids
- 6:10Speaker 4: off and picking them up. There was repeated town hall meetings.
- 6:14Speaker 4: The mayor and police were attending and giving safety tips,
- 6:18Speaker 4: and people were vocalizing concerns.
- 6:21Speaker 1: Well, yeah, there was a monster on the loose.
- 6:23Speaker 4: Exactly right.
- 6:24Speaker 1: A real monster.
- 6:25Speaker 4: There was.
- 6:25Speaker 1: And so, yeah, as a parent, I would certainly be
- 6:28Speaker 1: doing the same thing. I wouldn't let my kid out
- 6:30Speaker 1: of my sight until this thing was resolved. So this creates,
- 6:33Speaker 1: as we know, a lot of pressure. right? On law enforcement.
- 6:36Speaker 1: They got to get this thing off their desks. Who
- 6:39Speaker 1: knows what could happen, right? There's going to be articles written.
- 6:42Speaker 1: There's going to be TV. There's going to be all
- 6:43Speaker 1: that stuff, right? When you have a high profile case,
- 6:46Speaker 1: especially involving a child in a community where murder hasn't
- 6:48Speaker 1: happened in 20 years, it's a pressure cooker. So how
- 6:53Speaker 1: the hell did they end up picking on you? I
- 6:56Speaker 1: didn't know you when you were 16, but I can
- 6:58Speaker 1: imagine that you would be an extremely unlikely candidate for
- 7:04Speaker 1: a brutal crime like this one.
- 7:06Speaker 4: Yeah, I would agree with that. So, well, when I
- 7:10Speaker 4: was 16, I kind of lived a double life in
- 7:12Speaker 4: a sense, in the sense that in school, I was quiet.
- 7:16Speaker 4: I was to myself. I was a little bit withdrawn
- 7:18Speaker 4: because I wasn't really familiar with those kids, and I
- 7:22Speaker 4: didn't quite fit in with them. But after school, in
- 7:26Speaker 4: the apartment building where I lived at, which coincidentally was
- 7:29Speaker 4: right across the street from the high school, I was
- 7:32Speaker 4: kind of like the life of the party. So myself
- 7:34Speaker 4: and one other boy that lived there. I mean, there
- 7:37Speaker 4: was a big group of kids that lived in the
- 7:39Speaker 4: complex and in the areas around it. And pretty much
- 7:42Speaker 4: whatever I would suggest would mostly be what we would do.
- 7:45Speaker 4: I mean, we would swim, we would play basketball, ride bikes,
- 7:49Speaker 4: play Monopoly, video games, movies. We made up some games.
- 7:53Speaker 4: We made up a game that was like baseball, except
- 7:56Speaker 4: it was played with a tennis racket and a tennis
- 7:59Speaker 4: ball and the ball had to be thrown a certain way.
- 8:01Speaker 4: And I was a different person there. So the police
- 8:06Speaker 4: story is that in the course of interviewing students from
- 8:11Speaker 4: the high school, some of them told the police, hey,
- 8:14Speaker 4: you might want to talk to Jeff because he's quiet
- 8:17Speaker 4: and to himself. So originally, the police looked at the
- 8:21Speaker 4: victim's stepdad, who was married to the victim's mother. But
- 8:26Speaker 4: at some point, he realized that he was a suspect
- 8:29Speaker 4: and he hired a retired New York City detective to
- 8:33Speaker 4: investigate the crime. And so that persuaded them to move
- 8:36Speaker 4: off of him. Then they looked at another youth in
- 8:40Speaker 4: the high school and they started using interrogative tactics, which
- 8:44Speaker 4: they would use on me later on. But the difference
- 8:48Speaker 4: is that he had a stepfather in the home. And
- 8:50Speaker 4: so the stepfather went down to the police station and
- 8:54Speaker 4: broke up the interrogation. And they initially wouldn't let him
- 8:57Speaker 4: in the room, but He broke up the interrogation and
- 8:59Speaker 4: he got his stepson an attorney. And so that was
- 9:02Speaker 4: the end of that. I, on the other hand, didn't
- 9:05Speaker 4: have a stepfather in the home. So there wasn't anybody
- 9:08Speaker 4: to intervene for me.
- 9:10Speaker 1: It was just you and your mother at the time?
- 9:12Speaker 4: Myself, my mother, and I lived with my grandmother. And
- 9:15Speaker 4: then I had a younger brother. So the police story
- 9:19Speaker 4: is that some of the kids in the school told
- 9:21Speaker 4: them that they might want to talk to me. And
- 9:23Speaker 4: their other theory as to why they focused in on me,
- 9:26Speaker 4: they said that my emotional reaction to the victim having
- 9:31Speaker 4: been murdered was disproportionate to what my actual relationship with
- 9:35Speaker 4: her was, which was to say there was no relationship.
- 9:37Speaker 4: I mean, I knew her name, she knew mine. We
- 9:40Speaker 4: weren't even on a high buy basis. So her being murdered,
- 9:44Speaker 4: it kind of struck me because that was really my
- 9:47Speaker 4: first encounter with death. I thought that was something that
- 9:49Speaker 4: happens to people at the end of life. I had
- 9:52Speaker 4: a chance to briefly get to know the family. I
- 9:55Speaker 4: went to the WIC and People were invited back to
- 9:57Speaker 4: their house, to the Correa house. to have coffee and
- 10:01Speaker 4: talk to the family. And there was cookies and stuff.
- 10:03Speaker 4: And so I guess you could say, you might say
- 10:05Speaker 4: I was kind of a sensitive, sentimental type of person.
- 10:09Speaker 4: And so it kind of touched me.
- 10:11Speaker 1: A little bit. By the way, you might say you
- 10:12Speaker 1: were a normal type of person, right? And it always
- 10:14Speaker 1: boggles my mind how these authority figures suddenly become expert
- 10:20Speaker 1: psychiatrists or psychologists. And we see it over and over again.
- 10:23Speaker 1: He acted too sad. He didn't act sad enough. He
- 10:26Speaker 1: was too upset and not upset enough. He ran into
- 10:29Speaker 1: the fire. There's all these cases where that becomes a
- 10:32Speaker 1: factor when it's ridiculous. Nobody knows how anyone is going
- 10:37Speaker 1: to react in times of trauma. And I would say,
- 10:39Speaker 1: like I said, that your reaction sounds to me like
- 10:42Speaker 1: a sensitive person who is just experiencing something in their
- 10:47Speaker 1: own community with somebody that's an innocent young girl, of
- 10:50Speaker 1: course you're upset.
- 10:52Speaker 4: Yeah, I agree with you completely. And I want to
- 10:54Speaker 4: add that this really shook up the whole city to
- 10:57Speaker 4: the point that free mental health counseling was offered to
- 11:01Speaker 4: anybody in the city who wanted it. So this affected
- 11:05Speaker 4: many people emotionally.
- 11:07Speaker 1: Had you ever been in trouble before?
- 11:08Speaker 4: No.
- 11:09Speaker 1: Never been in trouble. So the cops, at some point,
- 11:12Speaker 1: they come and pick you up. But your interrogation is
- 11:16Speaker 1: really at the root of the entire problem. And it
- 11:19Speaker 1: is a perfect example of everything that's wrong with interrogation
- 11:26Speaker 1: techniques in this country, even today. It is.
- 11:30Speaker 4: There was a six-week run-up to that day. So I
- 11:33Speaker 4: had interaction with the police from the time they initially
- 11:37Speaker 4: intercepted me on my way to the high school. Up
- 11:39Speaker 4: until the day of the course, false confession, in which
- 11:41Speaker 4: half the time they would talk to me as if
- 11:45Speaker 4: I was a suspect. And then half the time they
- 11:47Speaker 4: would talk to me pretending like they needed my help
- 11:50Speaker 4: to solve the crime. They would say things like, the
- 11:53Speaker 4: kids won't talk freely around us, but they will around you.
- 11:57Speaker 4: Let us know if you hear any rumors. They made
- 12:00Speaker 4: me the center of attention. They would ask me opinion questions.
- 12:04Speaker 4: It's exciting, right?
- 12:05Speaker 1: Yeah, it was.
- 12:06Speaker 4: Congratulate me, my opinions being correct. My fantasy childhood career
- 12:10Speaker 4: was actually to be a cop. So this unexpected early
- 12:13Speaker 4: opportunity to do this quasi-police work was part of how
- 12:17Speaker 4: they pulled the wool over my eyes, along with my age.
- 12:20Speaker 4: I was 16 then. They used to buy pizza. And listen,
- 12:24Speaker 4: I grew up in a single parent household, as we mentioned,
- 12:27Speaker 4: and that directly intersected with the good cop, bad cop routine.
- 12:32Speaker 4: And then I started looking up to the cop who
- 12:34Speaker 4: was pretending to be my friend.
- 12:37Speaker 1: But as a father figure.
- 12:38Speaker 4: As a father figure. Yeah, exactly.
- 12:40Speaker 1: I mean, again, you were 16. So, OK, so there's
- 12:43Speaker 1: sort of. Sort of spinning this web and seducing you
- 12:46Speaker 1: and trying to get you to say something that would
- 12:48Speaker 1: be incriminating. Now we know that's what they were doing, right? Yeah, exactly.
- 12:51Speaker 4: And so finally at the end, they told me that
- 12:54Speaker 4: they received some new tip that was in the police
- 12:57Speaker 4: file and they wanted to share that with me. But
- 12:59Speaker 4: to do that, I would first have to take and
- 13:02Speaker 4: pass a polygraph. So help us to help you to
- 13:05Speaker 4: help us, typologic was employed. So instead of going to
- 13:11Speaker 4: the school the next day, I instead went to the
- 13:14Speaker 4: police station where I thought the polygraph was going to
- 13:17Speaker 4: happen because through the rumor mill of the city, I
- 13:21Speaker 4: had heard that other people had been polygraphed at the
- 13:24Speaker 4: police station. But actually, they drove me from Peekskill, which
- 13:30Speaker 4: was in Westchester County, they drove me 40 minutes away
- 13:34Speaker 4: out of county to the town of Brewster, which is
- 13:36Speaker 4: in Putnam County. So they drove me to Brewster to
- 13:40Speaker 4: this polygraphist, former Putnam County Sheriff's investigator, Daniel Stevens. And
- 13:45Speaker 4: he was an officer, but he was dressed as a
- 13:47Speaker 4: civilian and he never identified himself as a cop. And
- 13:51Speaker 4: he never read me my Miranda warning. So I thought
- 13:54Speaker 4: that he was a civilian. So he gave me this
- 13:59Speaker 4: manual to look at about how the polygraph works. And
- 14:02Speaker 4: it had a lot of really big words in it
- 14:04Speaker 4: that were beyond my comprehension, but it I didn't care
- 14:07Speaker 4: because I was there to help the police. So who
- 14:10Speaker 4: cares what the thing says? Or so I thought. They
- 14:14Speaker 4: put me into a small room and the polygraphist, Stevens
- 14:18Speaker 4: became like a virtual coffee dispenser. I mean, I must
- 14:21Speaker 4: have drank six or seven cups and no sooner would
- 14:23Speaker 4: I put the cup down than the cup would be
- 14:26Speaker 4: halfway filled up. And, you know, he's giving me another one.
- 14:29Speaker 4: And it seems pretty clear in hindsight that the purpose
- 14:32Speaker 4: of that.
- 14:32Speaker 1: Was to make me nervous.
- 14:35Speaker 2: Right.
- 14:35Speaker 4: Exactly right. So once he finished the coffee routine, then
- 14:39Speaker 4: he straps me into the polygraph machine, which was fairly heavy,
- 14:43Speaker 4: so now I'm kind of immobilized. It's a very small room,
- 14:49Speaker 4: and that's when he launches into his third-degree tactics. So
- 14:52Speaker 4: he invaded my personal space. He raised his voice at me.
- 14:57Speaker 4: He kept asking me the same questions over and over again.
- 15:00Speaker 4: And keep in mind that I'm not used to interacting
- 15:04Speaker 4: with adult males and the way he's conducting himself. And
- 15:07Speaker 4: he's kind of a mountain of a man. And I'm 16,
- 15:10Speaker 4: like maybe 140 pounds soaking wet. You know, so it's
- 15:13Speaker 4: really frightening. So each hour that goes by, my fear
- 15:17Speaker 4: is increasing in proportion to the time. So Stevens kept
- 15:21Speaker 4: that up for about six or seven hours. Towards the
- 15:25Speaker 4: end of the interrogation, that's when he said to me,
- 15:29Speaker 4: I guess by then he was just frustrated by not
- 15:32Speaker 4: having been able to get me to confess to that point.
- 15:36Speaker 4: He said, what do you mean you didn't do it?
- 15:39Speaker 4: You just told me through the polygraph test results that
- 15:42Speaker 4: you did. We just want you to verbally confirm it.
- 15:47Speaker 4: So when he said that to me, that really shot
- 15:49Speaker 4: my fear through the roof. And at that moment, the
- 15:52Speaker 4: officer who had been pretending to be my friend, he
- 15:55Speaker 4: came in the room and told me that the other
- 15:57Speaker 4: officers were going to harm me, that he was holding
- 15:59Speaker 4: them off, but he couldn't do so any longer, that
- 16:02Speaker 4: I had to help myself. And then he added that
- 16:05Speaker 4: if I did as they wanted, that not only would
- 16:09Speaker 4: they stop what they were doing, but that I could
- 16:12Speaker 4: go home afterwards, that I was not going to be arrested,
- 16:16Speaker 4: being young, naive, frightened, 16 years old, In fear of
- 16:20Speaker 4: my life, because the fact that I didn't know where
- 16:23Speaker 4: I was and that I knew that nobody else did either,
- 16:26Speaker 4: that loomed very large in my mind.
- 16:28Speaker 1: It's incredible. I mean, it's total disorientation, right?
- 16:32Speaker 4: Yes.
- 16:32Speaker 1: I mean, and it's, you know, it's diabolical. But if
- 16:35Speaker 1: what you want is a false confession, this would be
- 16:38Speaker 1: the textbook.
- 16:39Speaker 4: This is the way to do it. Yeah. And then
- 16:41Speaker 4: I was emotionally overwhelmed also. And then there's the push-pull dynamic.
- 16:45Speaker 4: You know, there's the... possibility of harm, but then he's
- 16:48Speaker 4: thrown me this false life preserver and I took the
- 16:53Speaker 4: out which he offered. I made up a story based
- 16:55Speaker 4: on information which they had given me that day and
- 16:58Speaker 4: in the six weeks run up to that day and
- 17:01Speaker 4: by the time it was all said and done, I
- 17:04Speaker 4: had collapsed on the floor, curled up into a fetal position,
- 17:08Speaker 4: crying uncontrollably. Obviously I was arrested.
- 17:12Speaker 1: Yeah, I mean the whole thing was a lie. It's
- 17:16Speaker 1: like a fucking charade, right? And it was easy for them.
- 17:20Speaker 1: I mean, the miracle is that you didn't confess sooner, actually.
- 17:23Speaker 1: And you know, it's interesting, Jeff, we know that false
- 17:25Speaker 1: confessions happen typically much later, like yours. And you were
- 17:29Speaker 1: among the most vulnerable people that's ever been put into
- 17:31Speaker 1: this position, being that you were alone, you had no
- 17:34Speaker 1: way out, you had no way to get home. You
- 17:36Speaker 1: were in 10th grade. I mean, 10th grade, you don't
- 17:39Speaker 1: know what the fuck you're doing when you're in 10th grade.
- 17:41Speaker 1: You're You had very real concern that you were going
- 17:48Speaker 1: to be beaten up or worse.
- 17:50Speaker 4: Right.
- 17:50Speaker 1: You know, the fact that you were able to hang
- 17:52Speaker 1: on for, you know, almost nine hours in this situation
- 17:56Speaker 1: is a testament to your strength, even in this most
- 17:59Speaker 1: terrifying situation that you found yourself in. So now you're
- 18:04Speaker 1: expecting to go home because that's what they told you.
- 18:07Speaker 4: Yes.
- 18:07Speaker 1: But they lied again.
- 18:08Speaker 4: Yes.
- 18:09Speaker 1: And so you signed this piece of paper.
- 18:11Speaker 4: No, let me. There was no signed confession. I never
- 18:14Speaker 4: signed a confession. And there was no audio or video.
- 18:18Speaker 4: It was just the cop's word as to what happened.
- 18:20Speaker 4: And as a result of that, when we got to court,
- 18:22Speaker 4: they conveniently left out the threat and the false promise. Wow.
- 18:27Speaker 1: I mean, it's actually strange, Jeff, that they wouldn't have
- 18:29Speaker 1: just put a piece of paper in front of you.
- 18:31Speaker 1: Because at this point, you would have signed anything. You
- 18:32Speaker 1: would have said that you stole the Mona Lisa, right?
- 18:34Speaker 1: If they asked you to.
- 18:35Speaker 4: Yeah, sure. Yeah, of course.
- 18:37Speaker 1: I mean, whatever.
- 18:38Speaker 4: For a penny and for a pound. Look, man, I
- 18:40Speaker 4: already decided I wanted to get the hell out of here.
- 18:42Speaker 4: Tell you what you want to say. Yeah, this is
- 18:44Speaker 4: the next thing you want me to say? Come on.
- 18:45Speaker 4: Get me out of here. Make good on your end. Yeah,
- 18:47Speaker 4: you want this extra thing? Come on. You got it.
- 18:49Speaker 4: Can you honor your word now?
- 18:51Speaker 1: So now you're arrested, and now the nightmare really begins, right?
- 18:55Speaker 1: Because you're as unprepared for this situation as someone can be, right?
- 19:00Speaker 1: You have no experience with criminal justice. You're not a
- 19:03Speaker 1: big guy. You're not a tough guy. You're not emotionally developed.
- 19:07Speaker 1: to a point that you could be in any way,
- 19:10Speaker 1: you know, steal yourself for what's going on. You're not
- 19:13Speaker 1: educated enough to understand the proceedings. You don't have a
- 19:17Speaker 1: family that's able to hire, for lack of a better word,
- 19:20Speaker 1: a dream team to help you. And so arrested in 1990.
- 19:25Speaker 1: And now you're held in jail.
- 19:27Speaker 4: I am.
- 19:27Speaker 1: Awaiting trial.
- 19:28Speaker 4: I was in jail for like 35 days, and then
- 19:31Speaker 4: I got bailed out. I got bailed out. At the time,
- 19:35Speaker 4: my mother was dating a business person, Jack Ekesian, who
- 19:39Speaker 4: had a carpet store, Ekesian Carpets, and he was willing
- 19:43Speaker 4: to bail me out, which he was hammered in the
- 19:47Speaker 4: newspaper for just the fact of. bailing me out. And
- 19:51Speaker 4: he lost quite a bit of customers as a result
- 19:53Speaker 4: of doing that.
- 19:54Speaker 1: Wow. Innocent until proven guilty, right?
- 19:59Speaker 4: So they say.
- 19:59Speaker 1: Not so much.
- 20:00Speaker 4: Not so much.
- 20:01Speaker 1: So even he's tarred by this reputation that you have.
- 20:04Speaker 1: And now you go home, you're not in school anymore. Right.
- 20:07Speaker 1: You've been kicked out of school, I assume.
- 20:09Speaker 4: Yeah, they would not allow me to go back to
- 20:10Speaker 4: school until the case was resolved. And, you know, I
- 20:13Speaker 4: naively thought, you know, when I got bailed out, I
- 20:15Speaker 4: was going to go back to my life. But there
- 20:18Speaker 4: was no going back to it ever.
- 20:21Speaker 1: So what did you do? Just stay in the house?
- 20:23Speaker 4: I stayed in the house. Yeah. I mean, I was
- 20:25Speaker 4: afraid to go out, to be frank with you. That
- 20:28Speaker 4: was a pariah. And the parents of my former friends
- 20:31Speaker 4: would not allow them to play with me.
- 20:33Speaker 1: Of course.
- 20:34Speaker 4: And even if they had, I doubt very many of
- 20:36Speaker 4: them would have wanted to anyway, because they thought I
- 20:38Speaker 4: was guilty because that's what the headlines and everything else
- 20:41Speaker 4: was saying. And I couldn't go to school. I couldn't
- 20:44Speaker 4: do anything. So yeah, I just, I stayed in my house,
- 20:48Speaker 4: but that was only for a few weeks though. I
- 20:51Speaker 4: tried to kill myself. I felt my life was over
- 20:54Speaker 4: and I took an entire bottle of extra strength Tylenol
- 20:57Speaker 4: that had not been used. And I took every last pill,
- 21:01Speaker 4: and I went to sleep, and I intended to never
- 21:03Speaker 4: wake up again.
- 21:04Speaker 1: Wow. I had to take a minute to think about that.
- 21:07Speaker 1: I didn't know that part of your story. And Jeff
- 21:11Speaker 1: and I have spent a lot of time together, but
- 21:13Speaker 1: they've never shared those details with me. It's really hard
- 21:19Speaker 1: to deal with.
- 21:19Speaker 4: My point of mentioning that, though, is that that resulted
- 21:22Speaker 4: in my being involuntarily committed into a mental hospital for
- 21:26Speaker 4: six months. Wow.
- 21:29Speaker 1: So now... The worst is still to come, but you've
- 21:32Speaker 1: now gone through this crazy, rapid decline from a happy-go-lucky,
- 21:38Speaker 1: goofy kid, not a care in the world, except for
- 21:41Speaker 1: maybe a test coming up, right?
- 21:43Speaker 4: Right.
- 21:43Speaker 1: Or maybe you have a date or maybe you don't
- 21:45Speaker 1: or whatever, you know, all the things you go through
- 21:47Speaker 1: in adolescence, to being locked in a terrible jail, then
- 21:53Speaker 1: basically being under house arrest, being ostracized by your friends
- 21:58Speaker 1: and the whole community. being pilloried in the newspapers and
- 22:02Speaker 1: the media, and now you're in a mental institution. And
- 22:06Speaker 1: then the trial comes.
- 22:07Speaker 4: And then the trial comes. And just before the trial,
- 22:10Speaker 4: the results of the DNA test comes back from the
- 22:14Speaker 4: FBI laboratory, which shows that the semen found in the
- 22:18Speaker 4: victim didn't match me.
- 22:20Speaker 1: Right, because remember, she was raped, right?
- 22:21Speaker 4: She was raped, yes. And by the way, the lieutenant
- 22:24Speaker 4: who oversaw everything In the letter that he penned to
- 22:28Speaker 4: the FBI asking them to expedite the testing, he wrote
- 22:32Speaker 4: in the letter that the DNA testing would either show
- 22:35Speaker 4: my guilt or it would exonerate me. But when it
- 22:39Speaker 4: came back and it didn't match me, my lawyer did
- 22:43Speaker 4: try to get the indictment dismissed against me based on that,
- 22:47Speaker 4: but the judge denied that motion.
- 22:49Speaker 1: That alone seems so just incomprehensible to me. I mean...
- 22:55Speaker 1: That just doesn't make sense. The judge is impartial, right?
- 22:58Speaker 1: We know the prosecutor has an agenda, but the judge
- 23:01Speaker 1: is impartial. Yeah, I don't know. I don't understand. I mean,
- 23:03Speaker 1: I know that back then DNA wasn't, it wasn't as...
- 23:08Speaker 1: It wasn't as well known.
- 23:09Speaker 4: But to be clear, I mean, DNA started being used
- 23:12Speaker 4: in the court system as early as 1987. And we're
- 23:15Speaker 4: on trial now in 1990. So it's been around for
- 23:19Speaker 4: three years. So while not in currency like now, it
- 23:22Speaker 4: is not exactly totally unknown.
- 23:25Speaker 1: Right. And it's perfect.
- 23:27Speaker 4: Right. It's the gold standard.
- 23:28Speaker 1: Yeah. So your DNA doesn't match. This is an inconvenient
- 23:33Speaker 1: truth for the authorities. And the judge allows this circus
- 23:39Speaker 1: to go on. So you go to trial.
- 23:41Speaker 4: Yes.
- 23:42Speaker 1: And at the trial, was the DNA allowed to be introduced?
- 23:44Speaker 4: Yes, it was.
- 23:45Speaker 1: So again, how does it end up that you get
- 23:48Speaker 1: convicted under these circumstances? Sure.
- 23:50Speaker 4: So firstly, as I mentioned, the cops left the threat
- 23:55Speaker 4: and false promise out of the story. So, I mean,
- 23:58Speaker 4: the story is still, there's enough red flags pertaining to
- 24:02Speaker 4: circumstances around the confession to call it into question, but
- 24:05Speaker 4: the threat and false promise weren't there. So that's one factor.
- 24:10Speaker 4: Another factor is there was prosecutorial misconduct and fraud by
- 24:14Speaker 4: the medical examiner. So in order to answer the DNA evidence,
- 24:19Speaker 4: the prosecutor got the medical examiner to commit fraud. So
- 24:23Speaker 4: when an autopsy is done, there's written and audio notes
- 24:26Speaker 4: which are taken contemporaneously as the findings are made. So
- 24:30Speaker 4: it was only six months after doing that initial autopsy,
- 24:35Speaker 4: and only after the DNA result didn't match me, that
- 24:39Speaker 4: this medical examiner for the first time suddenly claimed, he
- 24:44Speaker 4: suddenly remembers, right, six months later in and hundreds of
- 24:47Speaker 4: autopsies later, he suddenly remembers that he found medical evidence
- 24:52Speaker 4: to show that the victim had been sexually active, which
- 24:56Speaker 4: is what opened the door for the prosecutor to argue
- 25:00Speaker 4: that it didn't matter that the semen didn't come from me,
- 25:04Speaker 4: that that didn't mean I was innocent, that just meant
- 25:06Speaker 4: that she could have had consensual sex close enough to
- 25:10Speaker 4: the murder and rape so as to explain away the DNA.
- 25:14Speaker 1: But that still wouldn't explain it away. It would just
- 25:16Speaker 1: explain that there would be a mixture, right?
- 25:18Speaker 4: Exactly right.
- 25:19Speaker 1: So that doesn't make any sense. And also, let's just
- 25:21Speaker 1: reflect for a moment on the other victim in this case.
- 25:24Speaker 1: And there are more, right?
- 25:25Speaker 4: Yes, there are.
- 25:26Speaker 1: It's not just you and Angela.
- 25:27Speaker 4: No, it is not.
- 25:28Speaker 1: Let's just reflect for a minute that the authorities were
- 25:31Speaker 1: willing to go so low. They had to know that
- 25:35Speaker 1: you were innocent.
- 25:35Speaker 2: Yes.
- 25:35Speaker 1: But they were so determined to convict an innocent boy,
- 25:38Speaker 1: because you're a boy. Yes. That they were willing... To
- 25:43Speaker 1: drag the reputation of a 15-year-old girl through the mud, right,
- 25:50Speaker 1: and put her family through that when every indication is
- 25:53Speaker 1: she was a girl who was like as goody-two-shoes as
- 25:56Speaker 1: you could be.
- 25:56Speaker 2: Yes.
- 25:57Speaker 1: Wouldn't even leave the house by herself until that one
- 25:58Speaker 1: fateful day. I mean, it's so disgusting, right? This girl
- 26:03Speaker 1: who deserves at least to have her reputation protected is
- 26:08Speaker 1: dragged through the mud. It's just disgusting. Jeff, let me
- 26:23Speaker 1: ask you this, because you've become an expert in criminal justice.
- 26:27Speaker 1: You've accomplished so much since you've been home in terms
- 26:30Speaker 1: of your education, in terms of your investigative skills, in
- 26:33Speaker 1: terms of your advocacy. You are one of the top
- 26:36Speaker 1: people in the state or tri-state or maybe even the
- 26:38Speaker 1: country now in terms of your breadth of knowledge of
- 26:42Speaker 1: how these things work, to your great credit. And there
- 26:48Speaker 1: was no physical evidence connecting you to this crime. Is
- 26:52Speaker 1: it possible for someone to beat, rape, and strangle someone
- 26:58Speaker 1: and not leave any physical evidence at the crime scene?
- 27:01Speaker 3: No.
- 27:02Speaker 1: It's impossible?
- 27:03Speaker 4: It's very, very close to impossible. And just to delve
- 27:06Speaker 4: into this a little bit more, one of my statements,
- 27:08Speaker 4: I said that I hit the victim over the head
- 27:11Speaker 4: with a Gatorade bottle because Gatorade was made in glass bottles.
- 27:16Speaker 4: But if you look at the types of injuries that
- 27:18Speaker 4: the victim had on her head, a bottle would not
- 27:21Speaker 4: be capable of making that type of injury. And on
- 27:25Speaker 4: top of that, there was no broken glass at the
- 27:28Speaker 4: crime scene. There was no shards of glass in the body.
- 27:31Speaker 4: There's no relationship to the physical evidence and the statements
- 27:35Speaker 4: in the confession at all.
- 27:37Speaker 1: Right. So there was no physical evidence. No. Your confession stunk.
- 27:42Speaker 4: Yes.
- 27:43Speaker 1: Because you didn't know. Right. And there was DNA to
- 27:46Speaker 1: prove that you didn't do it. Now they conspire somehow
- 27:49Speaker 1: to drag this girl's reputation into the mud and in
- 27:53Speaker 1: order to protect this false narrative that they've created.
- 27:57Speaker 4: Right, but there's three other things that they did fighting
- 28:00Speaker 4: the DNA. So taking his lie a step further, the
- 28:04Speaker 4: prosecutor then named another youth by name that he claimed
- 28:10Speaker 4: probably had had sex with the victim. But he never
- 28:13Speaker 4: had a DNA test to prove that, and he didn't
- 28:16Speaker 4: even call him as a witness. He just made the
- 28:19Speaker 4: unsupported argument to the jury. And then another thing was
- 28:23Speaker 4: that I later learned through civil litigation that when the
- 28:27Speaker 4: DNA didn't match me, the police went back out into
- 28:30Speaker 4: the field, and they interviewed 17 witnesses who knew the
- 28:33Speaker 4: victim in one capacity or another. And all of them
- 28:37Speaker 4: told the police that there was no boyfriend, there was
- 28:40Speaker 4: no consensual sex. But the cops never documented any of
- 28:44Speaker 4: those interviews so that they didn't have to turn those
- 28:47Speaker 4: over to my lawyer. And the third thing was that
- 28:52Speaker 4: the police fabricated a statement and attributed it to me.
- 28:56Speaker 4: They claimed that I said to them, speaking in the
- 28:59Speaker 4: third person, they claimed that I said, well, I don't
- 29:02Speaker 4: know if the perpetrator ejaculated or not. So that word
- 29:06Speaker 4: was not in my vocabulary as a 16-year-old. And we
- 29:10Speaker 4: proved that in the police reports where they referenced that,
- 29:15Speaker 4: they only came up with that after the DNA didn't
- 29:18Speaker 4: match me. That was never in their early written reports
- 29:22Speaker 4: of the interrogation. So they fabricated that to help the
- 29:25Speaker 4: prosecutor against the DNA.
- 29:27Speaker 1: You know what's bothering me greatly, aside from all of
- 29:30Speaker 1: this right now, Jeff, is the idea that there must
- 29:32Speaker 1: have been meetings, right, where they were like, uh-oh, like
- 29:36Speaker 1: at various different stages, uh-oh, the DNA doesn't match, uh-oh,
- 29:39Speaker 1: the witnesses are not connecting any boyfriend, uh-oh, everything that
- 29:44Speaker 1: they had said was turning out to be not true, right?
- 29:48Speaker 1: All their theories were going up in smoke, and there
- 29:51Speaker 1: must have been at some point sit-downs where they got
- 29:53Speaker 1: with the medical exam, I don't know this, I can't
- 29:55Speaker 1: prove it, but I'm guessing... Well, a medical.
- 29:58Speaker 4: Examiner testified at that position in the lawsuit. He said
- 30:02Speaker 4: that the day after the DNA didn't match me, he
- 30:04Speaker 4: got a phone call from one of three people, and
- 30:08Speaker 4: he said that they told him that the DNA didn't
- 30:10Speaker 4: match me, and he had to come up with some
- 30:12Speaker 4: kind of a theory by which the case against me
- 30:14Speaker 4: could continue and a conviction could result.
- 30:18Speaker 1: Unbelievable. I mean, it's unbelievable. I mean, I can't fathom it.
- 30:26Speaker 1: So there you are at trial.
- 30:28Speaker 4: So that's on the prosecution end. But I want to,
- 30:30Speaker 4: the other part of how I got convicted was the
- 30:33Speaker 4: public defender who supposedly was the best lawyer in legal
- 30:37Speaker 4: aid of Westchester. He was terrible. He very rarely met
- 30:41Speaker 4: with me. Whenever I would try to explain to him
- 30:44Speaker 4: that I was innocent and what happened in the interrogation room,
- 30:47Speaker 4: he was always shutting me up. One time he told
- 30:50Speaker 4: me he didn't care if I was guilty or innocent.
- 30:53Speaker 4: He never explained to the jury the significance of the
- 30:56Speaker 4: DNA not matching me. He never used the DNA to
- 31:00Speaker 4: argue that this so-called confession was coerced and false. When
- 31:04Speaker 4: we hadn't decided if we were going to go with
- 31:07Speaker 4: a bench trial or a jury trial, he came to
- 31:11Speaker 4: me one day and told me that the trial judge
- 31:14Speaker 4: came to him off the record and told him to
- 31:17Speaker 4: pick a jury because he didn't want to be responsible
- 31:19Speaker 4: for acquitting me. So my lawyer was supposed to put
- 31:23Speaker 4: that on the record and ask the judge to recuse
- 31:25Speaker 4: himself because that's a prejudicial type of statement and also
- 31:29Speaker 4: suggest that the judge is feeling public pressure because again,
- 31:34Speaker 4: virtually all of the coverage is guilt presumptive oriented. So additionally,
- 31:40Speaker 4: my lawyer was not supposed to represent me because of
- 31:42Speaker 4: a conflict of interest in that this other youth that
- 31:46Speaker 4: the prosecution was falsely claiming had had sex with the victim,
- 31:51Speaker 4: was represented by another lawyer in legal aid, which meant
- 31:55Speaker 4: that the defense couldn't ask him to give a DNA sample.
- 31:59Speaker 4: The defense couldn't subpoena him in order to explode the
- 32:02Speaker 4: consensual sex theory.
- 32:04Speaker 1: Because it was their other client.
- 32:05Speaker 4: Right. And then the best thing, or worst thing of all,
- 32:09Speaker 4: was when it was time to cross-examine the medical examiner,
- 32:14Speaker 4: whose fraud was so large in this case... He never
- 32:18Speaker 4: even bothered to cross-examine him. He stood up in open
- 32:21Speaker 4: court and with a big smile on his face, as
- 32:25Speaker 4: if him and the medical examiner were great friends from
- 32:27Speaker 4: back in the day, he said to him, you're going
- 32:31Speaker 4: to be pleased to know that I don't have a
- 32:33Speaker 4: single question for you. Wow. He never interviewed nor presented
- 32:39Speaker 4: as a witness my alibi. I was actually playing wiffle
- 32:42Speaker 4: ball when the crime happened. And... He wouldn't allow me
- 32:48Speaker 4: to testify at the pretrial hearing to put the threat
- 32:51Speaker 4: and false promise on the record. And when it was
- 32:54Speaker 4: time for the defense to try to put a case on,
- 32:57Speaker 4: he said to me that it wasn't his job to
- 33:00Speaker 4: prove that I was innocent. It's up to the prosecution
- 33:02Speaker 4: to prove that I was guilty. And he didn't think
- 33:05Speaker 4: that that had happened. So add it all up. I
- 33:08Speaker 4: was wrongfully convicted of murder and rape.
- 33:12Speaker 1: It's unreal. I mean, this stuff goes on in America.
- 33:16Speaker 1: It's just... it's just insane. So you end up getting
- 33:21Speaker 1: convicted and sentenced to?
- 33:22Speaker 4: 15 to life. At the sentencing hearing, I begged the
- 33:26Speaker 4: judge to overturn the verdict because I was innocent, and
- 33:29Speaker 4: I referenced the DNA to support my contention. And he
- 33:33Speaker 4: actually told me on the record, maybe you are innocent,
- 33:37Speaker 4: conceding that there is a doubt. But the DNA doesn't
- 33:39Speaker 4: match me. How could there not be a doubt? But
- 33:42Speaker 4: you might think that he would step up for justice
- 33:44Speaker 4: and overturn the conviction by reversing any number of rulings
- 33:48Speaker 4: that he made against me in the course of the trial.
- 33:51Speaker 4: But he didn't do that. He took the easy and
- 33:54Speaker 4: politically expedient way out, which was to sentence me to
- 33:57Speaker 4: a term of imprisonment of 15 to life.
- 34:00Speaker 1: 15 years to life. Now, you're only 17 at this time.
- 34:05Speaker 4: Correct.
- 34:05Speaker 1: So this is basically, it's an incomprehensible thing to face
- 34:09Speaker 1: for anybody, but least of all for a child. And
- 34:12Speaker 1: then you end up in some of the worst prisons
- 34:14Speaker 1: in America. And you go into these places unprepared in
- 34:19Speaker 1: every imaginable way. And you go in under the worst
- 34:23Speaker 1: possible circumstance, which is it's someone who's been convicted of
- 34:26Speaker 1: raping and murdering a child.
- 34:28Speaker 4: Exactly.
- 34:29Speaker 1: How the fuck did you survive in there, Jeff? How
- 34:35Speaker 1: did you keep hope alive?
- 34:36Speaker 4: All right. So in terms of how I kept hope alive,
- 34:39Speaker 4: definitely belief in God was one thing. Another thing was
- 34:43Speaker 4: I didn't look at it like I was doing 15
- 34:45Speaker 4: to Life. I thought I was just doing a year
- 34:47Speaker 4: or two until the next appeal would be decided, which
- 34:50Speaker 4: I was sure I was going to win because I
- 34:51Speaker 4: knew I was innocent and I still naively believed in
- 34:54Speaker 4: the system. I found different things to throw myself into mentally.
- 34:59Speaker 4: I used to go to the law library and learn
- 35:01Speaker 4: about the law so I could feel a little bit empowered.
- 35:04Speaker 4: I used to read nonfiction books. I would cut pictures
- 35:08Speaker 4: of nature scenes out so I could look at them
- 35:10Speaker 4: and travel there. Mentally, when I would play sports like
- 35:15Speaker 4: ping pong or basketball or chess, I engaged in this
- 35:18Speaker 4: elaborate delusion like if I was a professional player and
- 35:21Speaker 4: so was the other person and the people on the
- 35:23Speaker 4: sidelines were the fans. But it was not like kids
- 35:28Speaker 4: fantasizing about being a professional athlete. This was more like
- 35:32Speaker 4: my mind couldn't deal with being there anymore and I
- 35:34Speaker 4: had to get out of the prison mentally for a
- 35:36Speaker 4: couple of hours by this elaborate delusion. sometimes I'd listen
- 35:42Speaker 4: to sports radio, but it wasn't listening to sports radio.
- 35:45Speaker 4: It was a connection to the outside. And I'm not
- 35:49Speaker 4: going to the prison assignment in the morning. I'm going
- 35:52Speaker 4: to work or I'm going to school. It's not the warden,
- 35:55Speaker 4: it's the superintendent. And you try to, it's normal that
- 35:59Speaker 4: if you're going to make a phone call, it's got
- 36:01Speaker 4: to be collect or a strip search as the price
- 36:04Speaker 4: for a visit. And you know, you try to normalize
- 36:08Speaker 4: the madness in your own mind. I had to fight
- 36:11Speaker 4: off feelings of hopelessness, helplessness, thoughts of giving up, suicidal ideation,
- 36:17Speaker 4: thoughts of suicide came into my mind at times. And
- 36:21Speaker 4: so this was as much a psychological thing as it
- 36:24Speaker 4: was physical. I mean, I didn't have the luxury of
- 36:28Speaker 4: losing my mind because I knew that especially when my
- 36:31Speaker 4: appeals were over and exhausted after I was in for
- 36:35Speaker 4: 11 years and they no longer give you a lawyer.
- 36:38Speaker 4: And the only way back into court is if you
- 36:40Speaker 4: can find something new that wasn't known previously. So I
- 36:45Speaker 4: started writing a countless number of letters trying to find
- 36:49Speaker 4: a lawyer and investigator to take my case for free
- 36:52Speaker 4: because I didn't have any money to hire one.
- 36:55Speaker 1: Right. And I want to point out a cruel irony here, Jeff,
- 36:57Speaker 1: which is that for many of the clients of the
- 37:01Speaker 1: Innocence Projects or other innocence organizations, the DNA is the
- 37:06Speaker 1: silver bullet, right? And ultimately, when the DNA gets discovered,
- 37:10Speaker 1: they get a new trial because it's new evidence. But
- 37:12Speaker 1: you had already presented the DNA. You had actually shot
- 37:15Speaker 1: that arrow already, right? And so you're actually fucked because
- 37:18Speaker 1: of the fact that, you know.
- 37:19Speaker 4: The timing of it.
- 37:21Speaker 1: It's so strange.
- 37:22Speaker 4: You know, that fact... See, I used to collect articles
- 37:24Speaker 4: on exonerations and That used to grate on me, though. Like,
- 37:28Speaker 4: all these people were going home because of the DNA.
- 37:31Speaker 4: And I'm like, well, why do I have to be
- 37:33Speaker 4: an exception? The DNA doesn't match me either. What does
- 37:36Speaker 4: it matter when the result was actually obtained? I mean,
- 37:40Speaker 4: it means the same thing.
- 37:43Speaker 1: Meanwhile, let's spend a moment talking about the actual perpetrator. Yes.
- 37:48Speaker 1: Because every time, and I sound like a broken record
- 37:52Speaker 1: when I say this, But every time that somebody like
- 37:55Speaker 1: you gets convicted wrongfully, the actual perpetrator, they stop looking
- 38:00Speaker 1: for him, right? The case is closed. And in this case,
- 38:03Speaker 1: the consequences were very real, as they are in most
- 38:07Speaker 1: cases when these things happen, right? And I think that
- 38:11Speaker 1: the people that are responsible for your wrongful conviction, there's
- 38:15Speaker 1: an argument to say that they are responsible for another
- 38:19Speaker 1: tragedy that happened. Can you talk about that?
- 38:21Speaker 4: I can. Yes, schoolteacher Patricia Morrison, who also had a
- 38:26Speaker 4: couple of kids. She was from Peekskill. And she was
- 38:29Speaker 4: killed by the same perpetrator, Stephen Cunningham. She was killed
- 38:33Speaker 4: three and a half years later as a result of
- 38:36Speaker 4: Cunningham being left free on the street while I was
- 38:39Speaker 4: doing time for his crime.
- 38:41Speaker 1: Now, you say the real perpetrator. How do we know that? Well, here.
- 38:45Speaker 4: Great. That's a great question. I'm so glad you asked
- 38:48Speaker 4: because the DNA matched him. because he got caught for
- 38:53Speaker 4: the second murder, which resulted in his being incarcerated and
- 38:56Speaker 4: having to give up a DNA sample, which was put
- 38:59Speaker 4: into the data bank. And so when I eventually got
- 39:03Speaker 4: the further testing with the Innocence Project's help, it matched him.
- 39:08Speaker 4: And then he subsequently confessed, not just to the authorities,
- 39:12Speaker 4: but also to a reporter on video camera, In the
- 39:16Speaker 4: prison visiting room, that video is available on the internet.
- 39:20Speaker 4: So just to be clear, there's no coerced false confession there.
- 39:24Speaker 4: And he pled guilty in court.
- 39:26Speaker 1: When did this happen?
- 39:27Speaker 4: That happened... him being caught for the original crime. That
- 39:32Speaker 4: happened 12 and a half years after he killed a
- 39:35Speaker 4: second victim. So there was a point in time we
- 39:37Speaker 4: were both concurrently in the same prison system, although not
- 39:42Speaker 4: in the same prison.
- 39:44Speaker 3: Wow.
- 39:44Speaker 1: So Patricia Morrison today would be probably a lot of
- 39:49Speaker 1: sitting around with her grandchildren, you know, probably be a
- 39:52Speaker 1: retired school teacher by now having a nice life. Her
- 39:55Speaker 1: children would have grown up as they deserve to, as
- 39:57Speaker 1: everyone deserves to with their mother. The rest of her
- 40:00Speaker 1: family wouldn't have gone through this horrendous loss. None of
- 40:05Speaker 1: it had to happen, you know, except for the fact
- 40:08Speaker 1: that they went on this crazy witch hunt to convict you,
- 40:13Speaker 1: Jeffrey Deskovic, of a crime that they knew you didn't commit. It's, um,
- 40:17Speaker 1: It's a tragic, tragic byproduct of this horrible malfeasance, coordinated
- 40:24Speaker 1: in this case, that resulted in you enduring a nightmare
- 40:27Speaker 1: that none of us who haven't been through it could
- 40:29Speaker 1: ever imagine. You somehow or other managed to find this
- 40:45Speaker 1: extra moment layer of strength and courage to persevere, to
- 40:52Speaker 1: not give up and to ultimately win, right? And to
- 40:56Speaker 1: be vindicated. Correct. We've talked about some of the darkest
- 41:00Speaker 1: moments that anyone could imagine. Is there a flip side
- 41:03Speaker 1: to it? Was there a moment of joy, ecstasy when
- 41:07Speaker 1: you were finally vindicated and freed?
- 41:10Speaker 4: Yeah. I mean, it was a surreal moment. I have
- 41:13Speaker 4: to say the luncheon afterwards was surreal. And after that
- 41:18Speaker 4: is where reality, you know, the reality hit the road,
- 41:21Speaker 4: the tires hit the road, however you want to phrase it.
- 41:24Speaker 4: It'd be great to say there was this great party,
- 41:27Speaker 4: this raucous party that lasted to the crack of dawn.
- 41:29Speaker 4: But in reality, who was there to socialize or party with?
- 41:34Speaker 4: I mean, I'd long since lost track with my connection
- 41:37Speaker 4: with my old friends and my extended family. And everybody
- 41:41Speaker 4: was virtual strangers, even my immediate family, very, very limited visiting.
- 41:45Speaker 4: So I couldn't relate to the people there, I felt
- 41:48Speaker 4: out of place and I couldn't really communicate with them.
- 41:51Speaker 4: And that's when a lot of my difficulties post-exoneration started happening.
- 41:57Speaker 1: You talked very beautifully about your mindset of being able
- 42:01Speaker 1: to escape the walls by having these almost out-of-body experiences,
- 42:07Speaker 1: these mental exercises that you put yourself through to transport
- 42:11Speaker 1: yourself to a happier place. Were there any friendships that
- 42:14Speaker 1: you developed in prison?
- 42:16Speaker 4: Yeah. I would like to remember exoneree Frank Sterling, Mike Roberts,
- 42:23Speaker 4: and Sammy Swift. So those are the three people that
- 42:27Speaker 4: I want to give a shout out to.
- 42:29Speaker 1: So, yeah, you came out into a world that had
- 42:32Speaker 1: changed a lot. You literally had spent half of your
- 42:35Speaker 1: life in prison. You were arrested when you were 16
- 42:37Speaker 1: and you were exonerated when you were 33. So all
- 42:40Speaker 1: those years when everybody else was developing their career, getting
- 42:44Speaker 1: their education, developing their social networks, their relationships, or even
- 42:49Speaker 1: starting families, you were stuck in hell, actually, right?
- 42:53Speaker 4: Yeah, fair to say. Yeah, exactly right. As well as
- 42:56Speaker 4: everybody was, you know, incrementally adjusting as technology would come out.
- 43:00Speaker 4: When I came out, I never saw a cell phone, GPS,
- 43:04Speaker 4: the internet hadn't been invented, all these different ways of bankings.
- 43:08Speaker 4: Culture had changed. I was totally a fish out of water.
- 43:11Speaker 4: I didn't fit or belong anymore.
- 43:13Speaker 1: You talked about the things that you did to survive
- 43:16Speaker 1: in prison and the friendships that you developed, the people
- 43:20Speaker 1: who were able to be a support system for you
- 43:24Speaker 1: and you for them. Is it as bad as everybody
- 43:27Speaker 1: thinks it is? I want to give people an idea
- 43:30Speaker 1: of what this experience is really like because we don't
- 43:32Speaker 1: do prison in America like they do in the rest
- 43:34Speaker 1: of the Western world. we focus so much on punishment
- 43:38Speaker 1: and basically, in a lot of ways, torture, where in
- 43:41Speaker 1: other Western countries, they focus on rehabilitation.
- 43:44Speaker 4: Yeah, so I think that the image that a lot
- 43:46Speaker 4: of people have in their mind, I think they over-dramatize
- 43:50Speaker 4: the gang thing, and they think that everyone just is
- 43:54Speaker 4: raping each other all day, every day, and I think
- 43:56Speaker 4: that some of it is, it's not as bad as
- 43:59Speaker 4: they make it seem, but then in other ways, it's
- 44:01Speaker 4: much worse than what people imagine. I mean, There was
- 44:06Speaker 4: three or four stabbings or cuttings every day in Elmira
- 44:09Speaker 4: where I was, and there was plenty of gang activity
- 44:12Speaker 4: and lots of violence that didn't involve weapons. The guards
- 44:16Speaker 4: were very disrespectful, and most of them, not all of them,
- 44:20Speaker 4: they were very disrespectful, and just, you know, the medical
- 44:23Speaker 4: care was terrible. The food was terrible as well. So
- 44:27Speaker 4: I would describe it as a nonstop obstacle course featuring
- 44:31Speaker 4: the guards, civilians, and inmates all as obstacles to the
- 44:35Speaker 4: main objective, which was to try to prove your innocence
- 44:38Speaker 4: and regain your freedom. It was every day a living hell,
- 44:42Speaker 4: without a doubt.
- 44:42Speaker 1: And to stay alive.
- 44:44Speaker 4: And to stay alive. Yeah, every time I left my cell,
- 44:46Speaker 4: I never knew if I was going to make it back.
- 44:49Speaker 4: When I arrived in Elmira, the guards asked me, you
- 44:51Speaker 4: want to go into protective custody because of your charges
- 44:55Speaker 4: and how young you are, and this increases the likelihood
- 44:57Speaker 4: of you being a victim. And I asked them, well,
- 45:00Speaker 4: what's that? And they explained to me, well, you know,
- 45:02Speaker 4: you would be in your cell like 23 hours a
- 45:04Speaker 4: day and you know, you wouldn't go to programs, but
- 45:07Speaker 4: then again, nobody would be able to harm you. And
- 45:10Speaker 4: I quickly on the spot, I made a decision. Imagine
- 45:13Speaker 4: making this decision, going down this line of reasoning, right?
- 45:15Speaker 4: At 17 years old. I just thought to myself, you
- 45:18Speaker 4: know what? I'm already here. I'm not going to agree
- 45:22Speaker 4: to make my time even worse. So I'm not taking
- 45:26Speaker 4: this protective custody. I'm going to go to general population.
- 45:29Speaker 4: I'm going to take my chances. And you know what?
- 45:31Speaker 4: If somebody kills me, Well, I guess I don't have
- 45:33Speaker 4: to worry about doing this life sentence that I've been
- 45:36Speaker 4: given for a crime I didn't commit.
- 45:39Speaker 1: Well, I mean, it's unbelievable. So you come out, Jeff,
- 45:43Speaker 1: finally exonerated. You've proven what you've known all along. But
- 45:49Speaker 1: now you face a whole other set of obstacles. How
- 45:51Speaker 1: did you transform yourself? Because at one point you were
- 45:56Speaker 1: almost homeless.
- 45:57Speaker 4: Correct. Yes, exactly. I almost went to a homeless shelter.
- 46:00Speaker 4: I lost a temporary apartment that this religious community was
- 46:04Speaker 4: putting me up in. Nobody would take me in. Thank
- 46:07Speaker 4: God for Mercy College, which had given me a scholarship
- 46:10Speaker 4: to finish the bachelor's degree because I was 30 credits
- 46:14Speaker 4: short of that at the time that former Governor Pataki
- 46:17Speaker 4: had cut the funding for that. So that made its
- 46:20Speaker 4: way into the newspaper. And so Mercy College gave me
- 46:23Speaker 4: the scholarship and the meal plan. And when I lost
- 46:24Speaker 4: the housing, they allowed me to stay in the dorms.
- 46:29Speaker 4: I was never able to obtain gainful employment because I
- 46:32Speaker 4: didn't understand the technology. All the potential employers wanted somebody
- 46:36Speaker 4: who could hit the ground running rather than some little
- 46:38Speaker 4: bit of patience on the job training. I did get
- 46:41Speaker 4: a job as a weekly columnist, but the problem was
- 46:45Speaker 4: that it was a weekly newspaper, and so they only
- 46:47Speaker 4: wanted one article a week. I was making like $ 250
- 46:51Speaker 4: an article, which is really good, but that was the
- 46:53Speaker 4: only income I could count on per month. I started
- 46:57Speaker 4: doing speaking engagements, but that's almost like being an actor.
- 47:01Speaker 4: You only get paid if you get booked, and that
- 47:03Speaker 4: wasn't consistent. So it was very tight financially, and then
- 47:07Speaker 4: I had to deal with all the psychological after effects
- 47:10Speaker 4: of my experience, and then the technology, and then just
- 47:13Speaker 4: being just straight up lonely and depressed because there was
- 47:17Speaker 4: no social circle that I had, and I wasn't able
- 47:21Speaker 4: to make another one.
- 47:23Speaker 1: You really were alone in the world in a lot
- 47:25Speaker 1: of ways. But somehow or other, you have transformed yourself literally, figuratively, physically, mentally, spiritually.
- 47:37Speaker 1: And I think everybody can learn from that. I have.
- 47:40Speaker 1: I mean, I've learned a lot from hanging out with you.
- 47:42Speaker 1: And we've had a lot of laughs over the last
- 47:44Speaker 1: several years. But you're doing so much good stuff now.
- 47:46Speaker 1: And you're taking your experience and applying it. in the
- 47:50Speaker 1: real world in a way that's already having a very
- 47:52Speaker 1: positive impact. And talk a little bit, Jeff, about your
- 47:55Speaker 1: education and your goals and what you're doing now with
- 47:58Speaker 1: your foundation. You've been able to help exonerate other people.
- 48:00Speaker 1: How incredible is that? I mean, that's got to be a.
- 48:03Speaker 4: It is a storybook.
- 48:04Speaker 1: It is.
- 48:05Speaker 4: I'm beside myself about that. It's incredible.
- 48:08Speaker 1: No, I can see how you're lighting up right now.
- 48:10Speaker 1: Talk about it. I've seen you around those guys, and
- 48:12Speaker 1: it is the best feeling. It's why all of us
- 48:15Speaker 1: in this movement do what we do, because it's an
- 48:17Speaker 1: unbelievably great feeling to be able to see somebody like you,
- 48:21Speaker 1: thanks to the help of the Innocence Project and other
- 48:24Speaker 1: great organizations, be able to come out and get your
- 48:28Speaker 1: life back on track.
- 48:29Speaker 4: Sure. So from finishing the bachelor's at Mercy College, I
- 48:33Speaker 4: then graduated the John Jay College of Criminal Justice, got
- 48:36Speaker 4: the master's degree with my master's thesis on wrongful conviction
- 48:40Speaker 4: causes and other reforms. And I'm in my second year
- 48:44Speaker 4: now at the Elizabeth Hobbs School of Law at Pace University.
- 48:47Speaker 1: Wow.
- 48:48Speaker 4: So in terms of my foundation, after being home for
- 48:51Speaker 4: five years, very difficult five years as we've went over,
- 48:55Speaker 4: I was able to receive some financial compensation and I
- 48:59Speaker 4: decided I wanted to go from being an individual advocate.
- 49:03Speaker 4: I mean, I used to, I was doing presentations and
- 49:05Speaker 4: doing media interviews and lobbying elected officials and going to
- 49:10Speaker 4: legislative hearings and It was part of the effort where
- 49:13Speaker 4: we fought off capital punishment reinstatement efforts in 2007 in
- 49:17Speaker 4: collaboration with New Yorkers Against the Dead. Penalty. And I
- 49:20Speaker 4: was involved in the successful campaign repealing the death penalty
- 49:24Speaker 4: in Connecticut. So doing all of that as an individual advocate,
- 49:30Speaker 4: and it wasn't enough. I wanted to get into the
- 49:32Speaker 4: exoneration game. You know, I was tired of helping out
- 49:35Speaker 4: on cases on the peripheral, and I wanted to be
- 49:38Speaker 4: more directly involved. So when I received some compensation, I
- 49:43Speaker 4: decided to take things to the next level, open a non-profit.
- 49:46Speaker 4: So I committed a million and a half dollars of
- 49:48Speaker 4: that compensation, and we opened the Jeffrey Deskovic Foundation for Justice.
- 49:52Speaker 4: And our goal is to exonerate innocent people, both in
- 49:56Speaker 4: DNA and non-DNA cases, with a policy change component to it.
- 50:02Speaker 4: Our first exoneree was William Lopez, who we helped exonerate
- 50:06Speaker 4: collaboratively along with his pre-existing attorneys, Richard Levitt and Yvonne Shivers.
- 50:10Speaker 4: We did the investigative work. It's kind of like a
- 50:13Speaker 4: building is built and it's missing a section, and we
- 50:15Speaker 4: helped put the section in. So Bill was in for
- 50:18Speaker 4: 23 and a half years in a wrongful conviction case
- 50:21Speaker 4: in Brooklyn, and so that was our first success. A
- 50:25Speaker 4: second exoneration was William Hawhey. That was totally in-house rather
- 50:29Speaker 4: than collaborative. So William Hawhey did eight years and four
- 50:32Speaker 4: months on an arson case in Putnam County. So that
- 50:36Speaker 4: place that they brought me to for the polygraph, I
- 50:38Speaker 4: was able to reach back there and exonerate somebody there.
- 50:40Speaker 4: So a little irony, a little extra satisfaction.
- 50:43Speaker 1: Full circle.
- 50:44Speaker 4: Full circle. Yeah, so he was in for eight years
- 50:47Speaker 4: and four months. We were able to get four other
- 50:49Speaker 4: innocent people out through other means, which turned out to
- 50:52Speaker 4: be less than exoneration. So Lorenzo Johnson, that was a
- 50:55Speaker 4: collaborative effort. We did some investigative work. We were able
- 50:59Speaker 4: to convince the parole board in three other cases that
- 51:02Speaker 4: our clients were innocent. So that's six people, and we
- 51:05Speaker 4: were part of the effort that we got the laws
- 51:08Speaker 4: changed in New York on interrogation and ID reform, although
- 51:12Speaker 4: they watered that down a bit. And we've been very
- 51:15Speaker 4: close the last three years working in collaboration with the
- 51:17Speaker 4: group It Can Happen to You, which is a coalition group,
- 51:20Speaker 4: which I'm an advisory board member of, trying to pass
- 51:22Speaker 4: a bill that would create a commission on prosecutor conduct
- 51:26Speaker 4: to an oversight board for prosecutors.
- 51:29Speaker 1: So this is all amazing, amazing stuff. It is full
- 51:33Speaker 1: circle in so many ways. Like most of the other
- 51:36Speaker 1: exonerees I talked to, you have committed yourself selflessly and
- 51:40Speaker 1: tirelessly to helping other people avoid the same fate that
- 51:44Speaker 1: you went through when you could just as easily be
- 51:47Speaker 1: off doing whatever you want, and no one would blame you, right?
- 51:50Speaker 1: You could be off vacationing, right? But instead, you're channeling
- 51:54Speaker 1: all your energy and your money, your personal money into
- 51:57Speaker 1: helping others. And that's just a beautiful, amazing thing. And
- 52:00Speaker 1: it's one of the reasons why I love being around you,
- 52:02Speaker 1: because you're just like a, such a great positive influence
- 52:06Speaker 1: on everybody that you touch. So Jeff, we have a
- 52:08Speaker 1: tradition here at Wrongful Conviction, which is that at the
- 52:12Speaker 1: end of the episode, I like to turn the mic
- 52:15Speaker 1: over to you for closing thoughts, anything you want to share?
- 52:19Speaker 4: I have a dream. Imagine if there were 25,000 people
- 52:24Speaker 4: in the world who could afford $ 3 a month on
- 52:28Speaker 4: a recurring basis, who felt that it would be worth
- 52:30Speaker 4: it to sacrifice the $ 3 in order to play their
- 52:34Speaker 4: part in helping to free wrongfully convicted people. That's a
- 52:39Speaker 4: budget of close to a million dollars. If a person
- 52:41Speaker 4: goes to Google and types in Duskovic Foundation then Patreon, P-A-T-R-E-O-N.
- 52:48Speaker 4: A link will come up. If they click to that,
- 52:51Speaker 4: everything is laid out there exactly how the money would
- 52:54Speaker 4: go for lawyers, investigators, paralegals, other essential personnel to really
- 52:59Speaker 4: having a robust entity. If we could have these type
- 53:05Speaker 4: of results on basically a shoestring budget, imagine if we
- 53:09Speaker 4: really were armed for bear. I need people obviously who
- 53:14Speaker 4: will be willing to part with the $ 3, but we
- 53:17Speaker 4: also need people to help make the campaign go viral.
- 53:22Speaker 4: If we could somehow do, we need volunteers to help
- 53:25Speaker 4: do that. If we could somehow do that, I mean,
- 53:27Speaker 4: we could make a really big dent. I made the
- 53:31Speaker 4: big contribution to the organization to give us our running start.
- 53:35Speaker 4: We had paid staff and we got some good results.
- 53:38Speaker 4: Fundraising didn't go that well. And I had to convert
- 53:40Speaker 4: things to where we're a volunteer entity now. We have
- 53:44Speaker 4: maybe 14 volunteers, which is great, but you need people
- 53:48Speaker 4: to go full-time as opposed to people who are fitting
- 53:51Speaker 4: it in, in between their paid work, their personal life.
- 53:56Speaker 4: It's great to bring lawyers into cases and connect people
- 54:00Speaker 4: with that, like we did with Andy Krivak, and bring
- 54:03Speaker 4: lawyers in to do pro bono work after we've screened
- 54:06Speaker 4: the case and Yeah, that's nice. But in a lot
- 54:09Speaker 4: of the cases, work that could really be done in
- 54:12Speaker 4: the course of six months is being done in two
- 54:15Speaker 4: years because it's being done on the side as paid
- 54:18Speaker 4: cases are done. So I really would love to be
- 54:21Speaker 4: able to have a full-time paid staff again. You know,
- 54:25Speaker 4: my mission in life is to fight wrongful convictions. And
- 54:29Speaker 4: that's how I make sense out of what happened to me.
- 54:33Speaker 4: And with that, you know, I want to... Thank you
- 54:36Speaker 4: for having me here. And, you know, I think this
- 54:38Speaker 4: podcast is an awesome idea. And we need to continue
- 54:43Speaker 4: to raise awareness. And this is certainly one of the
- 54:46Speaker 4: methods of doing that. So kudos, Jason Flom.
- 54:50Speaker 1: Right back at you. Once again, I want to give
- 54:53Speaker 1: the website. It's deskovic.org. That's D-E-S-K-O-V-I-C dot org. And go
- 55:00Speaker 1: to the website. Learn about the mission. Get involved. You
- 55:04Speaker 1: can help. Everybody can make a difference. It starts right here.
- 55:07Speaker 1: So this has been an extraordinary experience for me. And
- 55:12Speaker 1: I want to thank our amazing guest, Jeff Duskovic, for
- 55:16Speaker 1: sharing his experience, strength, and wisdom.
- 55:23Speaker 5: Don't forget to give us a fantastic review wherever you
- 55:26Speaker 5: get your podcasts.
- 55:27Speaker 1: It really helps.
- 55:29Speaker 5: And I'm a proud donor to the Innocence Project, and
- 55:31Speaker 5: I really hope you'll join me in supporting this very
- 55:34Speaker 5: important cause and helping to prevent future wrongful convictions. Go
- 55:38Speaker 5: to innocenceproject.org to learn how to donate and get involved.
- 55:43Speaker 5: I'd like to thank our production team, Connor Hall and
- 55:45Speaker 5: Kevin Wardus. The music in the show is by three-time
- 55:48Speaker 5: Oscar-nominated composer, Jay Ralph. Be sure to follow us on
- 55:52Speaker 5: Instagram at wrongfulconviction and on Facebook at wrongfulconvictionpodcast. Wrongful Conviction
- 55:57Speaker 5: with Jason Flom is a production of Lava for Good
- 56:00Speaker 5: Podcasts in association with Signal Company No. 1.