Latest / Wrongful Conviction / #008 Jason Flom with Douglas DiLosa
Transcript
- 0:01Speaker 1: I came from a beautiful neighborhood, had a beautiful life.
- 0:07Speaker 1: I went to sleep because September seventh was the first
- 0:09Speaker 1: day of my high school year.
- 0:11Speaker 2: I was going to be a senior.
- 0:12Speaker 1: At twenty two, I was set to start college.
- 0:15Speaker 2: I woke up and my life was never the same again.
- 0:19Speaker 1: Cops came out with guns drawn, and I never saw
- 0:22Speaker 1: freedom ever since after that.
- 0:24Speaker 2: It's like roach mode town.
- 0:26Speaker 1: Once you get in, you and I can'tnam.
- 0:30Speaker 2: This is wrong for conviction with Jason Flamm, I'm particularly
- 0:54Speaker 2: thrilled today to have as our guest my good friend
- 0:58Speaker 2: Doug Delosa. Doug, welcome to the show.
- 1:00Speaker 1: Thank you, Thank you, Jason.
- 1:01Speaker 2: Having worked with the Nisis Project now for twenty years
- 1:05Speaker 2: as my role as a founding board member, I thought
- 1:07Speaker 2: I had heard everything until I heard Doug's story. So
- 1:11Speaker 2: you were living in Louisiana, right, I grew up there.
- 1:15Speaker 1: I was born and raised in New Orleans, Louisiana. At
- 1:21Speaker 1: the time, I wasn't living in New Orleans proper, but
- 1:24Speaker 1: I was living just outside of New Orleans in the
- 1:26Speaker 1: city of Kenna. I was married. My wife and I
- 1:30Speaker 1: had been together a little over ten years. We had
- 1:33Speaker 1: two beautiful children, a son who was seven at the
- 1:36Speaker 1: time and a daughter who was five.
- 1:40Speaker 2: Right, So you had a little yard and basically some
- 1:44Speaker 2: neighbors and sort of like we think of in New York,
- 1:46Speaker 2: we think everything's a cull the sack. Right, we have
- 1:48Speaker 2: this strange region America as a series of called the Sack.
- 1:50Speaker 2: But basically, am I paying the right picture?
- 1:53Speaker 1: Yes?
- 1:54Speaker 2: Until it all went wrong?
- 1:56Speaker 1: Absolutely, until that American dream turned into the American nightmare.
- 2:00Speaker 2: Right, And it's a nightmare of proportions that are impossible
- 2:03Speaker 2: to overstate. You were at home with your wife and kids, right,
- 2:10Speaker 2: and tell us what happened.
- 2:11Speaker 1: It was a typical Friday evening in our lives. Fast
- 2:16Speaker 1: forward to about two thirty in the morning on Saturday morning,
- 2:23Speaker 1: September twenty seventh, and I woke up, sat up in bed.
- 2:29Speaker 1: I heard a noise. The noise that I was positive
- 2:33Speaker 1: I heard was our pet parrot, squawking and fluttering around
- 2:39Speaker 1: in its cage. I get up from bed, Tell my wife,
- 2:44Speaker 1: I'm going to check on Andy. That was the name
- 2:46Speaker 1: of the bird.
- 2:47Speaker 2: And what was your wife's name.
- 2:48Speaker 1: My wife's name was Glinda. Right, I get up, I
- 2:52Speaker 1: go downstairs. As soon as I got to the foot
- 2:55Speaker 1: of the stairs. One person came from the side of me,
- 3:03Speaker 1: out of our bathroom area, and this person immediately struck
- 3:08Speaker 1: me with an object that I think was a piece
- 3:10Speaker 1: of mob pandle or a broomstick. Another person came from
- 3:15Speaker 1: the kitchen area and immediately knocked me to the ground,
- 3:20Speaker 1: and the two individuals, I don't know how long it lasted,
- 3:25Speaker 1: probably less than thirty seconds, kicked me, beat me until
- 3:31Speaker 1: I lost consciousness. Sometime later I was regaining consciousness. I'm
- 3:39Speaker 1: not sure how long I laid on the floor, but
- 3:42Speaker 1: I realized thing that sort of frightened me. At first,
- 3:45Speaker 1: I couldn't move my fans and feet were tied behind
- 3:49Speaker 1: my back. I was hog tied, and I was struggling
- 3:52Speaker 1: to gain consciousness and put my thought process together to
- 3:56Speaker 1: figure out what had happened. After whether it was one
- 4:01Speaker 1: minute or ten minutes, I started calling for my wife.
- 4:06Speaker 1: Didn't get any response at all.
- 4:09Speaker 2: So you're at the foot of the stairs, at the.
- 4:11Speaker 1: Foot of the stairs, inside of what would have been
- 4:14Speaker 1: our den, right.
- 4:15Speaker 2: And she's and she's upstairs, she's upstairs, upstairs in the bedroom.
- 4:21Speaker 1: Getting no response at all from my wife. I called
- 4:25Speaker 1: for my seven year old son, Dennis. And on the
- 4:29Speaker 1: third of the fourth call from my son, I heard
- 4:35Speaker 1: him stirring upstairs. He answered me. Initially, he went into
- 4:41Speaker 1: the master bedroom and I could hear him say, Daddy,
- 4:47Speaker 1: where are you. I see Mommy, but she's sleeping, and
- 4:51Speaker 1: I said, Daddy's downstairs. Please come downstairs. He came downstairs
- 4:58Speaker 1: and I told him, Dennis, two bad men had broken
- 5:03Speaker 1: in the house and they hurt Daddy. But I'm gonna
- 5:05Speaker 1: be all right. I need you to untie my hands.
- 5:09Speaker 1: He couldn't untie my hands because the rope was tied
- 5:12Speaker 1: so tightly. Then I asked him to go in the kitchen,
- 5:16Speaker 1: please get a knife and try to cut the rope.
- 5:20Speaker 1: He came back with a knife, but he was panicking
- 5:23Speaker 1: because he said, Daddy, I'm scared because I can see
- 5:27Speaker 1: four legs under the blind or the curtain in the
- 5:34Speaker 1: kitchen leading out to the patio. I can see people
- 5:37Speaker 1: standing on the patio, and I'm afraid it's the bad
- 5:39Speaker 1: men that hurt you. And I sort of panicked myself then,
- 5:44Speaker 1: and I said, Dennis, pick up the phone. The phone
- 5:48Speaker 1: was right there on the landing of the stairs. I
- 5:51Speaker 1: said dial nine one one, and he immediately picked up
- 5:56Speaker 1: the phone dial nine one one. He says, what do
- 6:00Speaker 1: I say? And I said, just tell him you need help,
- 6:04Speaker 1: that your daddy's hurt. And you had seen two men
- 6:10Speaker 1: standing on the patio. I don't think he told them
- 6:14Speaker 1: that exact anyway, he got their attention, and within minutes
- 6:18Speaker 1: police arrived on the scene.
- 6:21Speaker 2: And then the police arrive on the scene. And then
- 6:23Speaker 2: this is where things start to really get crazy, right,
- 6:26Speaker 2: because it seems like a pretty simple situation. You're hog tied. Right.
- 6:30Speaker 1: The police enter. The first thing one of them does
- 6:33Speaker 1: is kneel down next to me, ask me if I'm
- 6:37Speaker 1: all right. I guess I basically tell him, yeah, I'm fine.
- 6:42Speaker 1: He doesn't untime, he doesn't do anything, and I hear
- 6:47Speaker 1: another officer goes upstairs, and at that point in time,
- 6:53Speaker 1: the next thing I hear him is kicking a door
- 6:56Speaker 1: off the hinges. And it turned out that after my
- 7:00Speaker 1: son had gone in the bedroom when I called him
- 7:05Speaker 1: and he found his mother what he described as being asleep,
- 7:09Speaker 1: he must have pulled the door shut behind him and
- 7:12Speaker 1: it just automatically locked. So so he kicks in the door.
- 7:19Speaker 1: He kicks in the door. When he kicks in the door,
- 7:22Speaker 1: he really startles my daughter, who's in the bedroom next door,
- 7:26Speaker 1: and she starts crying hysterically, and at that point then
- 7:30Speaker 1: my son starts crying hysterically. And I'm I'm getting pretty
- 7:34Speaker 1: hysterical myself, laying on the floor. I'm still hogtied, and
- 7:38Speaker 1: I'm telling you what's going on, what's going on? And
- 7:41Speaker 1: policeman is trying to restrain me and keep me on
- 7:46Speaker 1: the ground.
- 7:46Speaker 2: Which is not that hard.
- 7:47Speaker 1: You're but go ahead, and I'm like, and he says,
- 7:50Speaker 1: don't worry, Everything'll be fine, and I mean, within moments,
- 7:56Speaker 1: it seems like ambulance attendants arrived on the scene. I
- 8:01Speaker 1: couldn't hear exactly what they were being told, but they
- 8:04Speaker 1: were being told something about my wife was in the
- 8:07Speaker 1: bedroom upstairs and that somebody needed to get my daughter
- 8:11Speaker 1: and bring her downstairs, which they did. And again I
- 8:15Speaker 1: don't know how much time was elapsing, but at some
- 8:19Speaker 1: point in time, more police officers arrived on the scene.
- 8:24Speaker 1: Eventually someone cut me free. Moments after they cut me free,
- 8:33Speaker 1: they told me that I would have to be taken
- 8:38Speaker 1: to the emergency room and that the other paramedic team
- 8:42Speaker 1: was working on my wife and i'd see her there,
- 8:47Speaker 1: and also at some point in time they asked me
- 8:52Speaker 1: if there was anybody that they could call to take
- 8:54Speaker 1: care of my children. I'm being treated in the emergency room.
- 9:01Speaker 1: I don't know how much later again, was it ten
- 9:05Speaker 1: or fifteen minutes? Was it an hour later? My brother
- 9:09Speaker 1: and a priest come into the emergency room, and they
- 9:13Speaker 1: informed me that my wife had been killed.
- 9:17Speaker 2: And at this point, you're I mean, You've just been
- 9:20Speaker 2: through an impossibly traumatic experience, and now you're getting hit
- 9:24Speaker 2: with this news, and the whole world must be collapsing
- 9:28Speaker 2: around you. At this point in time.
- 9:31Speaker 1: It was pretty hard to believe what I was being told.
- 9:35Speaker 1: I think I almost went in the shock when they
- 9:38Speaker 1: told me my wife had been killed, And I mean,
- 9:41Speaker 1: I just can't process what I'm being told and come
- 9:45Speaker 1: up with any logical reason why it had happened.
- 9:50Speaker 2: And then you get back with your kids and try
- 9:56Speaker 2: to piece things back together. You had given the police
- 9:59Speaker 2: the information that they wanted right about it, basically the
- 10:02Speaker 2: story that you just told us.
- 10:03Speaker 1: I had recalled everything I could remember to the police.
- 10:09Speaker 2: Except for when you were unconscious, of course, which was
- 10:11Speaker 2: that's the only missing part. And then they were having
- 10:15Speaker 2: trouble solving the case.
- 10:17Speaker 1: Right, There had been considerable criticism of the police department
- 10:23Speaker 1: for not solving having any viable leads in this case,
- 10:28Speaker 1: demanding to know from the police chief what were they doing,
- 10:31Speaker 1: how were they protecting the neighborhood. I had gotten a
- 10:35Speaker 1: little bit vocal, and I probably said on more than
- 10:39Speaker 1: one occasion, all of these stupid son of a bitches
- 10:42Speaker 1: need to be fired because they don't appear to know
- 10:45Speaker 1: what they're doing. Their actions were, in my mind, reminiscent
- 10:51Speaker 1: of the old Keystone cops in slapstick comedies, because they
- 10:56Speaker 1: just didn't appear to be very.
- 10:57Speaker 2: Bright, right, Okay, And so obviously the police, you know,
- 11:04Speaker 2: they're feeling a lot of pressure and they're feeling a
- 11:06Speaker 2: little they're getting their back up about this, right, right.
- 11:09Speaker 2: So then comes the craziest part, in some ways the
- 11:13Speaker 2: craziest part of the story, right, which is that now
- 11:15Speaker 2: we're three months from the day to the crime basically.
- 11:18Speaker 1: Right, we're now the morning of December twenty ninth.
- 11:23Speaker 2: I was it's hot, it's hot, inis, it's.
- 11:26Speaker 1: Very warm in Louisiana. I'm deciding I'm going to put
- 11:30Speaker 1: out the Christmas tree. It's starting. It was a live tree.
- 11:34Speaker 1: It's starting to drop needles all over, so I tell
- 11:38Speaker 1: my children I'll be right back. I'm just going to
- 11:40Speaker 1: put the Christmas tree out for the trash. I've got
- 11:43Speaker 1: a pair of cutoff jeans on, nothing else. And as
- 11:47Speaker 1: I'm putting the tree in the back of my house
- 11:49Speaker 1: by the curve for the trash, I hear Doug Delosa
- 11:53Speaker 1: turn around and I sort of turn around, and I'm
- 11:58Speaker 1: likes in shock. I have no idea how many police
- 12:04Speaker 1: officers are there, at minimum of six, maybe ten or more.
- 12:09Speaker 1: I have many no idea how many news cameras are there.
- 12:14Speaker 1: Probably as many personnel were there as there were police
- 12:18Speaker 1: officers pointing cameras at me, and the police pointing guns
- 12:22Speaker 1: at me, and they say, you know why we're We're
- 12:26Speaker 1: here to rest you for the murder or your wife.
- 12:29Speaker 1: And I'm just like thinking to myself, this can't be true.
- 12:33Speaker 1: You know, this nightmare just keeps getting worse and worse.
- 12:38Speaker 1: I knew that I had been labeled to suspect, but
- 12:42Speaker 1: I never, in my wildest imagination thought that it would
- 12:46Speaker 1: evolve into an arrest. I'm not dressed except for with
- 12:50Speaker 1: a pair of cutoffs on. My children are in their pajamas,
- 12:54Speaker 1: and I asked the one detective, could I please go
- 12:57Speaker 1: dress my children and call somebody to take them well.
- 13:03Speaker 1: As I was changing their clothes, I turned to this
- 13:06Speaker 1: man who couldn't have been more than two to three
- 13:09Speaker 1: feet away from me, standing right in my face, and
- 13:13Speaker 1: I asked him. I said, detective Dote, why are you
- 13:17Speaker 1: doing this to me? Why are you doing this to
- 13:19Speaker 1: my children? You know that I didn't kill my wife.
- 13:23Speaker 1: And this police officer when I asked him that question,
- 13:29Speaker 1: he had the look of a wild man on his face,
- 13:32Speaker 1: and he almost, I don't know how to describe it.
- 13:36Speaker 1: His voice was almost venomous, and he says, man, fuck you,
- 13:42Speaker 1: fuck your children, and fuck that dead wife of yours.
- 13:46Speaker 1: I didn't ask that stupid bitch to die in my city.
- 13:50Speaker 1: And he goes on to say, he says, why should
- 13:53Speaker 1: I give a fuck about you or your children? Do
- 13:56Speaker 1: you care about me and my children? My job's on
- 13:59Speaker 1: the line, and he said, you have asked that I
- 14:03Speaker 1: be terminated in competence. Well, you know what, I don't
- 14:08Speaker 1: know who did it. Maybe I know you didn't do it,
- 14:11Speaker 1: but I can build the case against you, So you're it.
- 14:15Speaker 2: So you're you know, you go to trial, and well,
- 14:22Speaker 2: they withheld several critical pieces of evidence from the defense,
- 14:25Speaker 2: that which is called the Brady violation, which which would
- 14:28Speaker 2: have excluded you and would have led to you being
- 14:31Speaker 2: found innocent. Do you want to talk about that.
- 14:34Speaker 1: The trial from start to finish, nine days had passed,
- 14:39Speaker 1: and from the very beginning, the two district attorneys prosecuting
- 14:44Speaker 1: me told the jury that they were never going to
- 14:48Speaker 1: hear any direct evidence that tied me to this crime.
- 14:53Speaker 1: That basically what they were trying to convict me on
- 14:57Speaker 1: was a theory of how I did it and why
- 15:01Speaker 1: I did it, And what was going to be important
- 15:05Speaker 1: to the jury to find me guilty was that I
- 15:10Speaker 1: had no evidence to support my story that two black
- 15:15Speaker 1: men broke into my house that night, beat me unconscious,
- 15:19Speaker 1: hogtied me, and at some point in time killed my wife.
- 15:24Speaker 2: Right now, But the reason we know that you couldn't
- 15:26Speaker 2: provide any proof is because they were withholding the proof
- 15:29Speaker 2: that they had. They had the investigators. You didn't have investigators.
- 15:32Speaker 2: They had all the guys sweeping the house and doing
- 15:34Speaker 2: the whole thing exactly.
- 15:36Speaker 1: They were fingerprints found in several places throughout the house
- 15:41Speaker 1: that didn't belong to me, any of my family members,
- 15:45Speaker 1: any of our friends, anyone, any member of the investigative
- 15:50Speaker 1: team that had all been ruled out. And these fingerprints
- 15:55Speaker 1: found throughout the house belonged to someone, but we have
- 15:59Speaker 1: no idea who they belonged to.
- 16:01Speaker 2: But they didn't tell you that.
- 16:02Speaker 1: No, their fingerprint expert committed perjury on the stand when
- 16:06Speaker 1: he said absolutely no other fingerprints were found in the house.
- 16:12Speaker 2: Can we talk about the cab driver for a second,
- 16:14Speaker 2: because that's one to me, that's one that's always stuck
- 16:16Speaker 2: in my mind. It's really you.
- 16:18Speaker 1: Know, sometime after I was arrested, well, actually let's back
- 16:23Speaker 1: up to right after my wife's funeral, three days after
- 16:28Speaker 1: the murder, a taxi driver came forward to the Kent
- 16:34Speaker 1: of Police Department and he said, I think I may
- 16:37Speaker 1: have some testimony that would help you catch the people
- 16:42Speaker 1: who killed this lady, meaning my wife. And as the
- 16:49Speaker 1: story goes in his written deposition to the police, he
- 16:54Speaker 1: was dropping off affair in that neighborhood, which at that
- 16:57Speaker 1: time was exclusively white. There would have been no reason
- 17:02Speaker 1: whatsoever to have seen blacks in that particular neighborhood.
- 17:07Speaker 2: At least aboot three in the morning.
- 17:09Speaker 1: Yeah, least of all at three to four o'clock in
- 17:11Speaker 1: the morning. And he goes on to give in his
- 17:14Speaker 1: written deposition that as he was driving down this one street,
- 17:20Speaker 1: he saw two black men leaving the vicinity of the
- 17:25Speaker 1: front of my house carrying what would have fit the
- 17:29Speaker 1: description of some of the items I told police were
- 17:32Speaker 1: taken from my house. And he says that as his
- 17:36Speaker 1: lights shone on the two men, it appeared that they panicked.
- 17:41Speaker 1: They ran to a silver van that was waiting, and
- 17:45Speaker 1: they sped off in a reckless manner. And he found
- 17:49Speaker 1: that very unusual and thought it was important to bring
- 17:51Speaker 1: that testimony to the police, which he did.
- 17:56Speaker 2: As it was, But they, of course withheld that from
- 17:58Speaker 2: the defense illegally.
- 18:00Speaker 1: They withheld that and said that there was nobody had
- 18:02Speaker 1: ever seen anything regarding any black men in that neighborhood,
- 18:09Speaker 1: much less in the vicinity of my home. Now fast
- 18:13Speaker 1: forward another six to seven months. I'm at trial. This
- 18:18Speaker 1: good citizen is reading in the newspaper and hearing on
- 18:22Speaker 1: the TV that I'm undergoing a trial for the murder
- 18:26Speaker 1: of my wife. Well, he just doesn't understand, and at
- 18:29Speaker 1: this point he doesn't trust the police because he's already
- 18:32Speaker 1: gone to the police twice. So he shows up at
- 18:35Speaker 1: the courthouse somehow manages to talk to one of the
- 18:38Speaker 1: two or maybe perhaps both, of the district attorneys who
- 18:42Speaker 1: were trying the case, and he tells his story to them,
- 18:47Speaker 1: and they very nonchalantly brush him off and said, oh,
- 18:52Speaker 1: don't worry. We presented your written statement to mister Dolosa's attorney.
- 18:59Speaker 1: He reviewed, but in light of the overwhelming evidence against him,
- 19:05Speaker 1: he knows that your testimony wouldn't do any good, so
- 19:08Speaker 1: he decided not to call you as a witness, which
- 19:11Speaker 1: was a total lie. They hadn't given any of that
- 19:14Speaker 1: information to my attorney. And one of the biggest parts
- 19:18Speaker 1: of their case was over and over again they repeated
- 19:21Speaker 1: to the jury, no one repeat, no one saw anything
- 19:27Speaker 1: suspicious in that neighborhood that night, much less two black men.
- 19:33Speaker 1: And that's why you must find mister Dolosa guilty because
- 19:36Speaker 1: he was lying.
- 19:50Speaker 2: The jury comes back, they find you guilty and sends
- 19:54Speaker 2: you to life in prison. Now, the only thing that
- 19:56Speaker 2: can make it worse is they're going to send you
- 19:59Speaker 2: to what is arguably the worst prison in America in Louisiana,
- 20:03Speaker 2: which is this date, which has the highest prison population.
- 20:05Speaker 2: By far, Louisiana does have three times higher rate of
- 20:09Speaker 2: incarceration than the rest of the country per capita, and
- 20:12Speaker 2: of course America has a five times higher rate than
- 20:14Speaker 2: the rest of the world. So it's off the chain.
- 20:17Speaker 2: But now you're being sent to Angola prison farm, and
- 20:22Speaker 2: let's talk about that. Well.
- 20:24Speaker 1: Arriving at the Louisiana State Penitentiary, which they call Angola,
- 20:30Speaker 1: it was beyond culture shock. I didn't know what to expect.
- 20:33Speaker 1: I'd heard numerous rumors that scared the hell out of me.
- 20:40Speaker 1: But I arrived at Angola and one of the first
- 20:43Speaker 1: things that I guess was really strange was they put
- 20:48Speaker 1: you in an initial classification to decide where you're going
- 20:51Speaker 1: to be housed. And I'm going before these classification offices
- 20:57Speaker 1: and they decide that they're going to put me in
- 20:59Speaker 1: a work cell block for my protection rather than general population.
- 21:06Speaker 1: And then they make a statement that's pretty odd. They
- 21:08Speaker 1: said that they don't have a white cell available to
- 21:11Speaker 1: put me in, so I'd have to be sent to
- 21:16Speaker 1: a security cell while they prepare a white cell. And
- 21:21Speaker 1: I'm like, what the hell is a white cell. At
- 21:24Speaker 1: that time, they still believed in segregating the white and
- 21:29Speaker 1: black prisoners at Angola, they didn't mix white and blacks
- 21:34Speaker 1: in the same cell. But my very first night in Angola,
- 21:42Speaker 1: I'm in a disciplinary tier and I'm in a cell,
- 21:46Speaker 1: and there's someone down the tier in another cell acting up,
- 21:53Speaker 1: and at some point in time, he throws human waste
- 21:56Speaker 1: on a security guard, and I'm just like, scared shitless.
- 22:00Speaker 1: I don't know what's going on. Their guards would appear
- 22:05Speaker 1: to be swat uniforms and riot shields and everything coming
- 22:10Speaker 1: down the tier. They're dragging this person out by force.
- 22:15Speaker 1: They're beaten him, and I guess I'm curious. I'm sort
- 22:18Speaker 1: of looking, you know, I guess maybe I should have
- 22:22Speaker 1: known better than to try to look. When one of
- 22:25Speaker 1: the gods saw me looking, He's like, what the fuck
- 22:29Speaker 1: are you looking at? He turns around and sprayed me
- 22:32Speaker 1: with a pepper spray of mace for about twenty thirty
- 22:36Speaker 1: seconds wow. And the only thing I knew was my
- 22:40Speaker 1: lungs were burning, my face was burning, and it was
- 22:43Speaker 1: sort of like a welcomed Angola. That was my first
- 22:46Speaker 1: night in the penitentiary.
- 22:48Speaker 2: So and then things get even crazier. So you end
- 22:52Speaker 2: up working on a chain gang is that right.
- 22:55Speaker 1: I mean, I don't know that chain gang is a
- 22:58Speaker 1: little bit misleading because we're not actually linked by chains.
- 23:02Speaker 2: Right, But it's a term that applies.
- 23:04Speaker 1: To it's a group of inmates working under the supervision
- 23:13Speaker 1: of gun guards on.
- 23:14Speaker 2: Horses in the swamps.
- 23:17Speaker 1: It could be swamps, it could be anywhere on the farm.
- 23:21Speaker 2: Here's a clip where Burl camee the warden talks about
- 23:24Speaker 2: the infamous history of Louisiana State Penitentiary.
- 23:27Speaker 3: The work in the farm is critical, Angela. That's what
- 23:29Speaker 3: it is. It's a plantation prison. It was that way
- 23:32Speaker 3: throughout its entire history, so very important that we have
- 23:35Speaker 3: agriculture here on the farm that provides work for the inmate,
- 23:38Speaker 3: which you know is good for them because they have
- 23:40Speaker 3: something to do to use after energy and so forth.
- 23:43Speaker 1: It turned out that I was working in what they
- 23:48Speaker 1: called camp A Line twenty one under one of the
- 23:51Speaker 1: most vicious inhuman farm bosses that Angola had at the time,
- 24:00Speaker 1: and I found it difficult at my age and my
- 24:05Speaker 1: physical condition to keep up with the average man who
- 24:09Speaker 1: was only in their early twenties. And I'm thirty seven,
- 24:13Speaker 1: thirty eight years old at this time, in horrible shape,
- 24:16Speaker 1: but one of the things that this particular field foreman
- 24:22Speaker 1: used to enjoy doing to torment the people under his supervision.
- 24:28Speaker 1: He would put us, say on the levee cutting high
- 24:32Speaker 1: grass with what they called the ditchbank blade, which is
- 24:36Speaker 1: it's impossible to describe on air, but it's this huge,
- 24:39Speaker 1: heavy cutting blade. And what he would do is they
- 24:44Speaker 1: might have been close to one hundred men in the line.
- 24:48Speaker 1: He would put us up on the levee and they
- 24:52Speaker 1: would be two inmates with a water bucket, and he'd
- 24:55Speaker 1: tell the people with the water bucket, I want y'all
- 24:58Speaker 1: to move about a mile down on the road with
- 25:02Speaker 1: the gun guard supervising you. And he said, y'all keep
- 25:06Speaker 1: moving that water bucket and don't let anybody have water,
- 25:11Speaker 1: because it says until ten people pass out from the heat,
- 25:16Speaker 1: I'm not letting anybody drink water. And that was a
- 25:20Speaker 1: typical day working for this man mac Shaw, where he
- 25:23Speaker 1: would see people pass out fall out, as we'd say,
- 25:28Speaker 1: from heat stroke, heat exhaustion, from lack of water, and
- 25:33Speaker 1: once whatever number he arbitrarily determined he wanted to pass
- 25:37Speaker 1: out and be carried off in the back of a
- 25:39Speaker 1: truck for disciplinary purposes. Then he'd let everybody else have
- 25:46Speaker 1: a drink of water.
- 25:48Speaker 2: And then then things got really crazy because at one
- 25:51Speaker 2: point you were singled out.
- 25:54Speaker 1: It was at more than one point. I mean, it
- 25:57Speaker 1: seemed it was something that happened day after day every
- 26:02Speaker 1: time I'd go in the field. I never had the
- 26:06Speaker 1: distinction of being one of the people. I guess I
- 26:09Speaker 1: was fortunate enough that I could go without drinking water
- 26:12Speaker 1: longer than other people that I might not be one
- 26:15Speaker 1: of the first five to ten people to pass out
- 26:17Speaker 1: from heatstroke and lack of water. But I certainly wasn't
- 26:23Speaker 1: keeping up with the work quote according to this field forman,
- 26:26Speaker 1: and he would just almost every day that I went
- 26:30Speaker 1: to work, he would write me up on a disciplinary report,
- 26:34Speaker 1: lock me up in administrative segregation to be disciplined by
- 26:39Speaker 1: the disciplinary court. They would hear my case and say
- 26:43Speaker 1: it would say something like I flatly refused to work. Well,
- 26:46Speaker 1: I never ever flatly refused to work. I simply worked
- 26:51Speaker 1: until I couldn't work anymore, or I worked at the
- 26:54Speaker 1: fastest pace I was capable of. But the field foreman
- 26:59Speaker 1: never wrote the truth on a disciplinary report, and the
- 27:03Speaker 1: disciplinary board that helped court, they didn't they knew what
- 27:07Speaker 1: the truth was, but they would just continue to stack
- 27:11Speaker 1: punishment on you and I'd be sent back out to work.
- 27:15Speaker 2: It's it's just I don't I can't even I can't
- 27:20Speaker 2: find any words. The good news is you're a smart guy.
- 27:23Speaker 2: You're a guy of an educated guy, somebody who can
- 27:27Speaker 2: can really think for himself. So you get to the
- 27:31Speaker 2: point where you realize, if you're going to get out,
- 27:33Speaker 2: you're going to have to be the one to do it.
- 27:34Speaker 2: Is that Is that a fair statement?
- 27:36Speaker 1: That absolutely? And I would say that. I worked as
- 27:39Speaker 1: a clerk in an air conditioned office in the print
- 27:42Speaker 1: shop silk screen shop at Angola for a little bit
- 27:46Speaker 1: over a year, but I knew I my ultimate goal
- 27:50Speaker 1: was I want to get the hell out of prison.
- 27:53Speaker 1: And everybody that I associated with said, you know, you'd
- 27:59Speaker 1: probably be better off going to be what they call
- 28:01Speaker 1: an inmate council substitute or prison lawyer working in the
- 28:07Speaker 1: law library, and I finally decided I'd apply for that job.
- 28:13Speaker 1: I did end up with a job over there, and
- 28:16Speaker 1: over the next several years, I learned the law. I
- 28:22Speaker 1: think I became pretty proficient with it, and after I
- 28:27Speaker 1: had exhausted all of my appeals in state court. After
- 28:31Speaker 1: I had gone through hundreds of thousands of dollars on
- 28:35Speaker 1: about seven different lawyers who all promised to do something,
- 28:39Speaker 1: but no one followed through and did what I hired
- 28:43Speaker 1: him to do. I finally sat back, spent six months researching,
- 28:49Speaker 1: in another two to three months writing my own federal
- 28:52Speaker 1: writ one hundred percent on my own or with having
- 28:56Speaker 1: other inmate councils review it give me their critique. I
- 29:04Speaker 1: filed my rit of habeas corpus into the federal court
- 29:08Speaker 1: system on my own. I didn't know what my chances
- 29:12Speaker 1: were going to bed. I figured slim to none at best,
- 29:16Speaker 1: but I felt like, at this point in time, if
- 29:21Speaker 1: I'm denied, I'm going to be denied on my own terms,
- 29:24Speaker 1: and I'll have given it my best shot. Finally, one
- 29:40Speaker 1: day they call me for legal mail. So I get
- 29:46Speaker 1: up at like five o'clock in the morning go eat breakfast.
- 29:50Speaker 1: I went to the window where they pass out the
- 29:54Speaker 1: legal mail. They had me a little brown envelope and
- 29:57Speaker 1: I was scared shitless to open it.
- 29:59Speaker 2: I'm like, because if it's if it's the wrong answer,
- 30:03Speaker 2: you're done. This is your last appeal, right.
- 30:05Speaker 1: It's the wrong answer, I had a plan to escape
- 30:07Speaker 1: from Angola, and my escape from Mangola was I had
- 30:11Speaker 1: enough drugs in my possession hidden that probably within twenty
- 30:17Speaker 1: four hours, I was going to od and that's how
- 30:20Speaker 1: I was going to get out of prison. And that
- 30:21Speaker 1: had been something I had planned for months, anticipating a
- 30:26Speaker 1: negative response from the court.
- 30:27Speaker 2: So I'm getting the chills right now. So you've got
- 30:29Speaker 2: this envelope and it's gonna basically tell you whether you're
- 30:34Speaker 2: gonna live or die. At this point, you've been in
- 30:35Speaker 2: prison for fourteen years.
- 30:37Speaker 1: Fourteen years. It's been a long time, exactly. I'd put
- 30:41Speaker 1: up with as much as I felt like I could
- 30:43Speaker 1: live with. And I felt like my children were getting
- 30:47Speaker 1: up in age, and as much as I love them,
- 30:51Speaker 1: as much as I felt that they loved me, they
- 30:53Speaker 1: continue to visit me almost every opportunity that they got.
- 30:57Speaker 1: I felt I was doing them a disservice I having
- 31:02Speaker 1: them come to visit me in prison, by having them
- 31:06Speaker 1: try to explain to their friends in college, well, why
- 31:11Speaker 1: can't you hang out with us this weekend? Oh, because
- 31:14Speaker 1: I'm going to the penitentiary to see my dad. And
- 31:19Speaker 1: I think I probably was looking at it the wrong way,
- 31:23Speaker 1: and I know I would have heard them tremendously, but
- 31:26Speaker 1: I felt like the best thing for myself and for
- 31:29Speaker 1: my children in the long run was to take my life.
- 31:33Speaker 2: Fortunately it didn't come to that. Because you're sitting here now,
- 31:36Speaker 2: and so you've got this envelope, what do you do?
- 31:39Speaker 2: Do you open it?
- 31:40Speaker 1: I went to the law library where I worked, and
- 31:44Speaker 1: I locked it in the bottom cabinet. I'm like, I'm
- 31:47Speaker 1: the only person here this early in the morning. I
- 31:50Speaker 1: just need somebody else around me when I open this up.
- 31:54Speaker 1: So about half hour forty five minutes later, a couple
- 31:59Speaker 1: of my close friends at work in the law library
- 32:02Speaker 1: lived around me. They came in and I told then
- 32:07Speaker 1: my one friend, Mike Singletary, who was my closest friend
- 32:11Speaker 1: in the law library at that time. I said, Mike,
- 32:14Speaker 1: I got my decision from the Federal court. And he says, well,
- 32:17Speaker 1: what's it say? I said, I don't know, Mike, I
- 32:19Speaker 1: don't have the nerve to open it. And he says,
- 32:23Speaker 1: oh my god, he said, come on, give me that envelope.
- 32:25Speaker 1: I'll open it for you. So I said, I said yeah,
- 32:28Speaker 1: but I said he took it out of my hands
- 32:30Speaker 1: after I got it out of the cabinet. He opened
- 32:33Speaker 1: it and I said, now, let me read it, Mike,
- 32:34Speaker 1: don't so. I took a couple of big, deep breasts,
- 32:39Speaker 1: and I don't know how. My heart was probably beaten
- 32:42Speaker 1: two hundred beats a minute, and I was shaking.
- 32:45Speaker 2: And mine is right now, and I know the aser, and.
- 32:48Speaker 1: I opened the writ to the last page, and all
- 32:54Speaker 1: of a sudden, I just stopped shaking, and I guess
- 32:59Speaker 1: sort of a smile over my face, and for the
- 33:02Speaker 1: first time since my wife's funeral, I cried. I started
- 33:07Speaker 1: crying almost uncontrollably, when I read that the magistrate judge
- 33:14Speaker 1: recommended that my conviction be set aside and that I'll
- 33:17Speaker 1: be freed. I just, against all odds, I went up
- 33:24Speaker 1: against the most conservative federal magistrate in the Eastern District
- 33:29Speaker 1: for the State of Louisiana, who, according to what I
- 33:32Speaker 1: had been told, had never before granted a writ filed
- 33:38Speaker 1: by an inmate on their own. Behalf.
- 33:40Speaker 2: That's a happy ending to an incredibly terrible saga. And
- 33:46Speaker 2: you're back and I've gotten to know you. While Doug
- 33:50Speaker 2: is now working closely with the Rising Foundation in New Orleans,
- 33:56Speaker 2: helping other ax hooneries to rebuild their lives on the outside,
- 34:01Speaker 2: using the skills that he has to help them with
- 34:05Speaker 2: everything from you know, you name a job applications, to
- 34:09Speaker 2: tax problems, to building their houses to you know, fixing things,
- 34:15Speaker 2: getting employments. He's become a tremendous advocate for not only
- 34:23Speaker 2: the Innocence Project and innocence projects, although in your case
- 34:26Speaker 2: you represented yourself, but really somebody who has devoted himself
- 34:31Speaker 2: to helping others, which is quite an extraordinary thing. It
- 34:36Speaker 2: makes me really so proud to know you and to
- 34:40Speaker 2: be a part of your life. It's important to note
- 34:44Speaker 2: in all of this that the compensation that you were
- 34:48Speaker 2: given ultimately by the state was paltry, to say the least,
- 34:52Speaker 2: right because people ask me all the time, well, these
- 34:53Speaker 2: guys must get they must get millions of dollars when
- 34:56Speaker 2: they get out. I mean, after what you went through
- 34:57Speaker 2: fourteen years and a goal to prison and all this stuff,
- 35:01Speaker 2: almost being beaten to death, all the other indignities that
- 35:04Speaker 2: you suffered, and the fact that you were so egregiously framed.
- 35:08Speaker 1: The compensation in the state of Louisiana allows for twenty
- 35:14Speaker 1: five thousand dollars a year for a maximum of ten
- 35:17Speaker 1: years of incarceration. It's doled out at twenty five thousand
- 35:24Speaker 1: dollars a year over ten years, which gives a person
- 35:29Speaker 1: barely enough to exist on if you have a very
- 35:32Speaker 1: modest lifestyle for ten years. But the other thing, I mean,
- 35:38Speaker 1: in my case, it fell short one hundred and thirty
- 35:45Speaker 1: seven thousand dollars short of my actual expenses, So I
- 35:51Speaker 1: didn't even recoup what I spent.
- 35:54Speaker 2: Because you had actually spent the money on attorneys.
- 35:56Speaker 1: On my legal defense.
- 36:00Speaker 2: You basically paid ten thousand dollars a year to be
- 36:02Speaker 2: locked up for fourteen years, is what it comes down to.
- 36:04Speaker 1: That's about what it comes down to.
- 36:06Speaker 2: It's important to note that there are twenty states that
- 36:08Speaker 2: have no compensation statutes, and the ones that do have
- 36:11Speaker 2: compensation statutes, some of them are even worse than Louisiana,
- 36:14Speaker 2: like Wisconsin.
- 36:15Speaker 1: You know, people think that, oh, you were proven that
- 36:18Speaker 1: you were wrongfully convicted, you must have gotten millions. Well no,
- 36:23Speaker 1: I'm still struggle to this day. I was never able
- 36:27Speaker 1: to repay my children for selling their interest in their
- 36:32Speaker 1: family homes so I could hire that last attorney. And
- 36:36Speaker 1: it's just not right, not just for me, but for
- 36:39Speaker 1: all of the men in Louisiana and elsewhere too, and elsewhere.
- 36:44Speaker 2: According to the National Registry of his Hoonerations, there have
- 36:46Speaker 2: been forty six exonerations in Louisiana since nineteen eighty nine,
- 36:49Speaker 2: and the coarter them occurred in Jefferson County, the same
- 36:52Speaker 2: office that prosecuted you. The sad truth is that there's
- 36:56Speaker 2: probably hundreds, if not thousands of other DOUGDA in Louisiana alone.
- 37:01Speaker 2: It's certainly around the country, and I can tell you
- 37:04Speaker 2: that we won't stop until we exonerate as many of
- 37:08Speaker 2: them as we possibly can. People say to me, you
- 37:17Speaker 2: know my work at the Innstance Pride, They say what,
- 37:19Speaker 2: But prosecutors, they don't lie that. People don't understand likes.
- 37:22Speaker 2: It's unfortunately, it's common, which is why we asked Nina
- 37:26Speaker 2: Morrison to join us in the studio today. Welcome to
- 37:29Speaker 2: Ronful Conviction with Jason Flammer's good to have you here.
- 37:31Speaker 2: Thank you, good to be here.
- 37:33Speaker 4: So.
- 37:33Speaker 2: Nina is the senior staff attorney at the Innocence Project.
- 37:36Speaker 2: She litigates claims for access to post conviction DNA evidence
- 37:40Speaker 2: under both federal civil rights laws and state DNA testing statutes.
- 37:45Speaker 2: To date, Ms Morrison has served as lead or co
- 37:48Speaker 2: counsel for more than twenty innocent prisoners who are freed
- 37:51Speaker 2: from prison or even death row based on DNA or
- 37:55Speaker 2: other newly discovered evidence. So, can you explain to us
- 37:58Speaker 2: what exactly is a Brady violation? We talk about it
- 38:01Speaker 2: a lot on the show. Yeah, So, a Brady violation is.
- 38:06Speaker 4: Where a prosecutor doesn't give the defense evidence that either
- 38:10Speaker 4: the prosecutor or the police or some other agent of
- 38:14Speaker 4: the state like a crime lab has that is favorable
- 38:18Speaker 4: to the defendant's case. Sometimes it's proof of their innocence,
- 38:22Speaker 4: you know, another suspect who is seen in the area,
- 38:24Speaker 4: somebody else who admitted to the crime. Sometimes it's evidence
- 38:28Speaker 4: that shows that a witness, you know, who claimed to
- 38:31Speaker 4: be an eyewitness, was you know, high out of their
- 38:34Speaker 4: minds that night according to five other people, or couldn't
- 38:37Speaker 4: have seen what they said they said. There's a whole
- 38:39Speaker 4: array of stuff. It's basically anything that helps the defense.
- 38:42Speaker 4: And it's a strange system when you think about it,
- 38:44Speaker 4: because you know, prosecutors and defense lawyers go into court,
- 38:47Speaker 4: they're fighting hard in these big murder cases or rape
- 38:50Speaker 4: cases or other hard fought criminal trials, and The way
- 38:54Speaker 4: the law is set up is the prosecutor has to
- 38:56Speaker 4: give the other side something voluntarily that might make them lose,
- 39:01Speaker 4: and we trust them in most places to turn it over,
- 39:04Speaker 4: so they say, I'm fulfilling my Brady obligations, and there's
- 39:06Speaker 4: no check on it until after the case is over,
- 39:09Speaker 4: and sometimes not even then until.
- 39:11Speaker 2: It's literally too late. And this leaves a very wide
- 39:16Speaker 2: lane open for the bad actors in the system, the
- 39:19Speaker 2: bad prosecutors to do what they feel like on a
- 39:22Speaker 2: given day, and to really railroad people who are just
- 39:27Speaker 2: regular people like you and I who get find themselves
- 39:30Speaker 2: stuck in this nightmare, people like Doug Delosa.
- 39:32Speaker 4: Yeah so, and there's even worse news in terms of
- 39:35Speaker 4: how it gets dealt with after the trial, because if
- 39:38Speaker 4: you discover that a prosecutor in your case withheld Brady
- 39:42Speaker 4: material something favorable to you, your conviction doesn't automatically get reversed.
- 39:47Speaker 4: You then, according to US Supreme Court case law, have
- 39:50Speaker 4: to show an appeals court that the violation is what
- 39:54Speaker 4: the courts call material, which means it actually made a difference.
- 39:58Speaker 4: So you basically have to come in after the fact
- 40:00Speaker 4: when a jury never heard this information. A witness was
- 40:03Speaker 4: never cross examined on it, and say, you know, Judge,
- 40:06Speaker 4: if I'd had this, I would have argued this. I
- 40:08Speaker 4: would have said that the jury wouldn't have believed this person.
- 40:11Speaker 4: And here's why you have to kind of have a
- 40:14Speaker 4: mental do over, a hypothetical duover of the trial. And
- 40:17Speaker 4: if they say, eh, you know, it made a difference, maybe,
- 40:20Speaker 4: but we don't know, it might not necessarily have made
- 40:23Speaker 4: a difference in the outcome. So it's what's called harmless error.
- 40:27Speaker 2: So, Nina, I wanted to ask you how common are
- 40:29Speaker 2: these Brady violations.
- 40:31Speaker 4: You know, we don't know because by definition many of
- 40:34Speaker 4: them are hidden. We know that we have seen them
- 40:36Speaker 4: in a very significant proportion of our cases. You know,
- 40:41Speaker 4: there's at least fifteen featured cases on the Innocence Project
- 40:44Speaker 4: website just from the last few years that involve serious
- 40:48Speaker 4: Brady violations which we uncover in the course of investigating
- 40:51Speaker 4: a client's other claim of innocence. And there is no
- 40:56Speaker 4: scientific way to study them because by definition, there are
- 40:58Speaker 4: things that haven't been turned over. It's sort of like
- 41:00Speaker 4: everyone we find is in some ways by chance. You
- 41:03Speaker 4: don't have a right to get a lot of files
- 41:05Speaker 4: after somebody has been convicted. Things get destroyed. I wake
- 41:08Speaker 4: up at night sometimes worrying about you know, these days,
- 41:11Speaker 4: when almost everything is electronic, we don't have the piece
- 41:14Speaker 4: of paper in the file anymore the way we used
- 41:16Speaker 4: to in the cases from the eighties and early nineties.
- 41:18Speaker 4: Now it's all in a memo on somebody's computer and
- 41:21Speaker 4: they hit delete, or that person leaves the office and
- 41:23Speaker 4: it's gone. It's in an email, it's in a voicemail,
- 41:26Speaker 4: it's in a text from a witness.
- 41:28Speaker 2: It's you know, you know, it's really a level of
- 41:31Speaker 2: evil that, in this particular case, I don't know what
- 41:36Speaker 2: else to call it. The prosecutor is just evil.
- 41:40Speaker 4: And you know, I know, Barry check in one of
- 41:42Speaker 4: your other episodes when you had Barry Gibbson, was talking
- 41:45Speaker 4: about this concept of noble cause corruption, which I think
- 41:48Speaker 4: is a very real phenomenon. You know, I don't think
- 41:50Speaker 4: even the prosecutors that we've caught red handed withholding evidence.
- 41:56Speaker 4: I think most, if not all of them honestly believed
- 41:59Speaker 4: that they were doing it for a higher purpose, which
- 42:02Speaker 4: is they had a killer sitting in the courtroom who
- 42:04Speaker 4: was going to get away with murder if they didn't
- 42:06Speaker 4: win their case, and so they convinced themselves that whatever
- 42:10Speaker 4: they were holding back was not really proof of innocence.
- 42:13Speaker 4: It was something the defense would use to create a
- 42:16Speaker 4: smoke screen, right. But the laws of the law, you
- 42:20Speaker 4: have a job as an officer of the court to
- 42:22Speaker 4: follow the law and turn it over. And now we
- 42:24Speaker 4: know that many of those people were actually innocent, so
- 42:27Speaker 4: we see what the real harm is from that skirting
- 42:31Speaker 4: the ethical line.
- 42:33Speaker 2: So that brings us to the sort of the practical
- 42:38Speaker 2: question of what can be done.
- 42:41Speaker 4: We had the Innocence Project are working on a couple
- 42:44Speaker 4: of things to police things before trial happened. So one
- 42:48Speaker 4: of the things we are trying to do is get
- 42:49Speaker 4: judges to take a more active role in ensuring that
- 42:54Speaker 4: Brady's guarantee is a real one by putting prosecutors on
- 42:59Speaker 4: the record issuing court orders to say, I want you
- 43:03Speaker 4: to check these five locations to see if there's anything
- 43:06Speaker 4: favorable to the defense, and I'm going to have a
- 43:08Speaker 4: conference a month before the trial to see how it's going.
- 43:12Speaker 4: What have you turned over, what are you looking for?
- 43:13Speaker 4: And at that point the defense lawyer will have an
- 43:16Speaker 4: opportunity to speak up and say I haven't gotten anything
- 43:19Speaker 4: on the witness statements. I don't know who what these
- 43:21Speaker 4: witness statements are. And our theory is, you know, for example,
- 43:24Speaker 4: two black men came in and did this crime. Are
- 43:27Speaker 4: there any reports of suspicious African Americans in the area,
- 43:31Speaker 4: whether you think they did it or not? You know,
- 43:33Speaker 4: is there anything we should investigate? And the reason why
- 43:36Speaker 4: you want to have the judges be policing it is
- 43:38Speaker 4: that if you lie to a judge, you can get
- 43:41Speaker 4: charged with contemptive court and lose your law license and
- 43:44Speaker 4: even go to jail. And on the back end, we
- 43:47Speaker 4: need to take accountability seriously, you know, we need to
- 43:50Speaker 4: make sure that the state bars have a culture where
- 43:55Speaker 4: they can go after just as say what a lawyer
- 43:58Speaker 4: who doesn't give a client all their money back or
- 44:02Speaker 4: didn't do the job they were hired to do in
- 44:04Speaker 4: a trust and a states case or a civil case,
- 44:07Speaker 4: that they will go after the prosecutors who break the law,
- 44:10Speaker 4: even if it's not politically easy to do. And then lastly,
- 44:14Speaker 4: you know, it is very hard, as you know, and
- 44:17Speaker 4: you've talked about on your show, for prosecutors to ever
- 44:19Speaker 4: be sued civilly and even for states or counties to
- 44:24Speaker 4: be held liable for the misconduct of prosecutors. Prosecutors are
- 44:29Speaker 4: what's called immune from suit in all but a few
- 44:33Speaker 4: very rare cases.
- 44:34Speaker 2: And so if a prosecutor.
- 44:36Speaker 4: Knows of some favorable evidence and doesn't turn it over,
- 44:39Speaker 4: the court Supreme Court has said, well, you can go
- 44:41Speaker 4: after them on bar discipline, or you can maybe criminally
- 44:44Speaker 4: prosecute them. Talk about Fox and Penhouse, right, but you
- 44:49Speaker 4: can't see them unless there's a pattern and practice of violations,
- 44:53Speaker 4: and those are very hard to prove.
- 44:54Speaker 2: And criminal prosecutions of prosecutors are extremely difficult. Not least
- 44:59Speaker 2: it was because proctters generally don't like prosecuting prosecutors.
- 45:02Speaker 4: Correct, and they will air I mean, you know, they
- 45:04Speaker 4: will give every benefit of the doubt. Oh they missed it,
- 45:07Speaker 4: they were busy, they thought they turned it over, they
- 45:09Speaker 4: put it in the wrong notebook, you know, yes they did.
- 45:12Speaker 4: The defense layer says they didn't have it, but we
- 45:14Speaker 4: think they did. I mean, you know, and look, our
- 45:17Speaker 4: clients should have been so lucky to get the benefit
- 45:19Speaker 4: of every doubt when they were being accused of a crime.
- 45:21Speaker 2: Thank you so much for being on Wrongful Conviction with
- 45:24Speaker 2: Jason Flumm And it was great it's great to have
- 45:28Speaker 2: you here.
- 45:28Speaker 4: Thanks so much, it's great to be here.
- 45:35Speaker 2: Don't forget to give us a fantastic review wherever you
- 45:38Speaker 2: get your podcasts. It really helps. And I'm a proud
- 45:42Speaker 2: donor to the Ennocence Project and I really hope you'll
- 45:44Speaker 2: join me in supporting this very important cause and helping
- 45:48Speaker 2: to prevent future wrongful convictions. Go to Innocence Project dot
- 45:52Speaker 2: org to learn how to donate and get involved. I'd
- 45:55Speaker 2: like to thank our production team, Connor Hall and Kevin Wartis.
- 45:58Speaker 2: The music in the show is by three time OSCAR
- 46:00Speaker 2: nominated composer Jay Ralph. Be sure to follow us on
- 46:04Speaker 2: Instagram at Wrongful Conviction and on Facebook at Wrongful Conviction Podcast.
- 46:09Speaker 2: Wrongful Conviction with Jason Flamm is a production of Lava
- 46:12Speaker 2: for Good Podcasts and association with Signal Company Number one