Latest / Wrongful Conviction / #574 Jason Flom with Alexis Ke'Erica Martin
Transcript
- 0:04Speaker 1: Hey, everybody, it's Connor Hall, one of the producers here
- 0:07Speaker 1: at Wrongful Conviction, and I will be curating a list
- 0:10Speaker 1: of episodes for the next few weeks, offering case updates,
- 0:14Speaker 1: behind the scenes in FOE and maybe some insights. Now.
- 0:19Speaker 1: When given this opportunity, a number of people immediately came
- 0:22Speaker 1: to mind, including Alexis Kierka Martin. If you don't remember,
- 0:27Speaker 1: she was fifteen years old when the robbery of her
- 0:32Speaker 1: sex trafficker turned into his murder. Now, I'm sure many
- 0:37Speaker 1: folks would be sympathetic to somebody in that situation if
- 0:40Speaker 1: they were to be involved in a plot to bring
- 0:43Speaker 1: about the demise of their sex trafficker, a child sex trafficker,
- 0:47Speaker 1: But Kyerka maintains that she was not involved in any
- 0:51Speaker 1: such plot, and without any direct evidence of her involvement,
- 0:54Speaker 1: the d A in Akron, Ohio at the time still
- 0:57Speaker 1: thought that Kierica needed to pay, which is strange given
- 1:02Speaker 1: just the circumstances. Yet, in addition, Ohio had just enacted
- 1:07Speaker 1: a safe harbor law, which he the judge and trial
- 1:10Speaker 1: council should have known about, a law made for situations
- 1:14Speaker 1: just like this one to end a human trafficking survivor's
- 1:18Speaker 1: nightmare rather than compounding it with the legal system, and
- 1:23Speaker 1: since that law was not invoked, Kierica was bound over
- 1:27Speaker 1: into adult court, convicted and sentenced to twenty one years
- 1:30Speaker 1: to life. And when this was brought to the attention
- 1:33Speaker 1: of Ohio Governor Mike Dwine, he granted Kierka clemency, putting
- 1:39Speaker 1: her on parole in April twenty twenty, and about a
- 1:42Speaker 1: year later, we released our coverage of her case, at
- 1:45Speaker 1: which time she was doing speaking engagements as well as
- 1:49Speaker 1: a few normal jobs to save for college, with the
- 1:51Speaker 1: plan of starting a nonprofit to help prevent human trafficking
- 1:55Speaker 1: and support other survivors. Now a year on from that,
- 2:00Speaker 1: can remember it like it was yesterday. I mean, we
- 2:02Speaker 1: were at the twenty twenty two Innocence Network conference in Phoenix.
- 2:07Speaker 1: We had just wrapped another day of interviews. It was
- 2:10Speaker 1: really emotional, and it only got more emotional when we
- 2:14Speaker 1: heard that Kierica had been sent back to prison. Apparently
- 2:18Speaker 1: a friend of hers was in between living situations and
- 2:21Speaker 1: asked to crash on her couch for a few nights,
- 2:24Speaker 1: and then just mere hours after that person arrived at
- 2:29Speaker 1: her apartment with a bunch of moving boxes, Kierka's parole
- 2:32Speaker 1: officer came by for a random check, which may or
- 2:36Speaker 1: may not have been so random, since this was used
- 2:40Speaker 1: as an opportunity to bust not only a friend, but
- 2:43Speaker 1: then also Kierica because unbeknownst to her, her friend was
- 2:47Speaker 1: in possession of a number of items that were in
- 2:49Speaker 1: violation of her parole, so she was sent back to
- 2:52Speaker 1: serve the rest of that twenty one to life sentence. Luckily,
- 2:57Speaker 1: a huge law firm, Daikema, got wind of Kerka's story
- 3:00Speaker 1: and took on her case pro bono. They were able
- 3:03Speaker 1: to show the ineffectiveness of her trial council for first
- 3:07Speaker 1: not even being aware of and then failing to properly
- 3:11Speaker 1: invoke Ohio's Safe Harbor Law, which would have stopped Kierka's
- 3:15Speaker 1: legal troubles before they started, so her murder conviction was vacated,
- 3:20Speaker 1: at which point the state could have dismissed the charges,
- 3:23Speaker 1: especially with what the safe Harbor law demands, but they didn't,
- 3:27Speaker 1: which left Kierica with a choice to remain in prison
- 3:31Speaker 1: while the state appealed, and if they lost there, they
- 3:34Speaker 1: would retry her.
- 3:35Speaker 2: And who knows how long any of this would take
- 3:38Speaker 2: before they could finally get it back into the juvenile
- 3:41Speaker 2: court to then invoke the safe harbor law and finally
- 3:45Speaker 2: clear her name. So Kierica reluctantly accepted a guilty plea
- 3:51Speaker 2: to involuntary manslaughter with the sentence maxing out at eleven years,
- 3:55Speaker 2: just enough to let her go with time served, which
- 3:59Speaker 2: is going to do her exactly, zero favors and getting
- 4:03Speaker 2: any kind of compensation or standing in a civil proceeding.
- 4:07Speaker 2: And I want you all to keep that.
- 4:08Speaker 1: In mind when you listen to her story. It's a
- 4:12Speaker 1: very unique story, but the outcome is typical in a
- 4:16Speaker 1: state like Ohio or any state. Really, this is the
- 4:19Speaker 1: outcome that they felt comfortable delivering.
- 4:26Speaker 3: Alexis Kierka Martin was raised by her grandmother in Akron, Ohio,
- 4:30Speaker 3: and had a strained relationship with her birth mother and father.
- 4:34Speaker 3: She had a boyfriend, Deshaun Spear, but they broke up
- 4:37Speaker 3: around age thirteen, the same time that an older man
- 4:41Speaker 3: named Angelo Kearney began grooming her for the sex trade.
- 4:46Speaker 3: By the time she was fourteen, she was actively being trafficked.
- 4:50Speaker 3: Time passed and Deshaun reached out to Kierica to ask
- 4:54Speaker 3: if the rumors he had heard about prostitution were true.
- 4:57Speaker 3: Then one night, after a party, a Angelo Kearney's Kierka
- 5:01Speaker 3: and another woman, Jenney Jones, were alone with Angelo and
- 5:05Speaker 3: his brother Alicio Samuel while she was being raped by Alicio.
- 5:10Speaker 3: Samuel to Shaun and his friend Travaski Jackson broke in,
- 5:14Speaker 3: wearing masks and carrying guns. Kearney was shot and killed,
- 5:19Speaker 3: and Samuel survived a gunshot to his head. When Samuel
- 5:24Speaker 3: came to at the hospital, he mentioned nothing about the
- 5:27Speaker 3: child he had been raping, but he did mention the
- 5:29Speaker 3: other people he had been with earlier that night. A
- 5:33Speaker 3: further investigation led to Alexis Kierka Martin. Ohio's brand new
- 5:38Speaker 3: safe Harbor law was written for situations just like this,
- 5:42Speaker 3: but neither her lawyer nor the state invoked it before
- 5:45Speaker 3: she was tried in adult court for the murder of
- 5:48Speaker 3: the man that held her captive in child sex slavery.
- 5:53Speaker 3: This is wrongful conviction. Welcome back to Wrongful Conviction with
- 6:13Speaker 3: Jason Flamm That's me. I'm your host, and today if
- 6:16Speaker 3: my voice is cracking a little, it's because this story is.
- 6:20Speaker 3: It's painful to read, it's painful to talk about. It's
- 6:24Speaker 3: an absolute disgrace that any of this happened. It's also
- 6:28Speaker 3: the story of triumph over tragedy though with us today,
- 6:32Speaker 3: we have an extraordinary lawyer, Sasha Naman from the Ohio
- 6:36Speaker 3: Justice and Policy Center. Sasha, it's wonderful to have you here.
- 6:39Speaker 3: Welcome to Wrongful Conviction.
- 6:41Speaker 4: Thank you so much, and we're.
- 6:43Speaker 3: Going to tell the story with the person who lived it,
- 6:47Speaker 3: Alexis Kierica Martin. You'll hear her referred to as Kierica
- 6:51Speaker 3: as we go through, but she's also known as Alexis Martin.
- 6:54Speaker 3: So Alexis, thank you for being here and sharing your story.
- 6:57Speaker 5: Thank you for allowing me the time and opportunity.
- 7:00Speaker 3: So let's go back to your childhood, Akron, Ohio, Hardland
- 7:06Speaker 3: of America. What was your childhood like before this tragedy,
- 7:11Speaker 3: this series of tragedies struck.
- 7:14Speaker 5: My childhood would be what some people would call unstable.
- 7:18Speaker 5: I grew up with multiple family members, but predominantly I
- 7:23Speaker 5: was blessed with having my grandmother raised me. All in all,
- 7:26Speaker 5: through everything, I would say that she did a pretty
- 7:28Speaker 5: good job with at least making sure I knew how
- 7:30Speaker 5: to say thank you.
- 7:33Speaker 4: Alexis was a child when she was trafficked. She had
- 7:36Speaker 4: a tough childhood in some ways, and she said her
- 7:39Speaker 4: grandma was a light in that in a big way.
- 7:42Speaker 4: But at fourteen years old, she was surviving some horrific things,
- 7:46Speaker 4: things that are unimaginable to many Americans. Is a prolonged
- 7:50Speaker 4: and terrible sex trafficking situation, and she wanted a life
- 7:53Speaker 4: that was free and safe and healthy, where she could
- 7:56Speaker 4: go to school, where her and her siblings weren't in danger.
- 8:00Speaker 4: And she was a child, so she was in a
- 8:02Speaker 4: position where she hoped that she could finally have this
- 8:05Speaker 4: opportunity to flee from the trafficking, and that brought her
- 8:09Speaker 4: into involvement with the robbery of her trafficker.
- 8:13Speaker 5: I was fourteen when I met my trafficker, and me
- 8:18Speaker 5: and my co defriend and DeShawn Spirit. He was my
- 8:21Speaker 5: boyfriend and we separated before this case occurred, and then
- 8:27Speaker 5: while I was in active trafficking, we would see each
- 8:30Speaker 5: other and check on each other, but I never got
- 8:33Speaker 5: too close with him. Everybody kept hearing rumors about me
- 8:36Speaker 5: being prostituted. Some people were bold enough to act, some
- 8:40Speaker 5: people weren't. They just you know, kind of turned their
- 8:43Speaker 5: nose up to me. Well, he asked me a couple
- 8:46Speaker 5: of times, and I continued to deny it and just
- 8:48Speaker 5: admitted that I was dancing, but I wouldn't tell him
- 8:51Speaker 5: where I was dancing at.
- 8:53Speaker 3: So as of that moment, he's left in the dark.
- 8:55Speaker 3: And before the night that the Shawn Spirit tried to
- 8:58Speaker 3: free Kierika, which was November seven, twenty thirteen, Sasha, she
- 9:03Speaker 3: had tried to find another way to get out of
- 9:05Speaker 3: that life, right.
- 9:06Speaker 4: She was trying to reach out to adults for help.
- 9:09Speaker 4: So before the night of this offense happened, she was
- 9:12Speaker 4: trying to turn herself in. She actually proactively went to
- 9:16Speaker 4: the juvenile system because she had kind of an active
- 9:19Speaker 4: case that had kind of been going on in parallel,
- 9:21Speaker 4: and she was hoping that they would take her in,
- 9:23Speaker 4: that they would arrest her, they would put her in
- 9:25Speaker 4: a program. But her trafficker sends her with someone who
- 9:28Speaker 4: poses as her caretaker and says she's fine and she's
- 9:32Speaker 4: cared for, and even though these adults see the way
- 9:35Speaker 4: she's dressed, even though they see these red flags, they
- 9:37Speaker 4: let her back out with that person.
- 9:39Speaker 3: Alexis, as much as you're comfortable with talking about it.
- 9:43Speaker 3: That night, when this robbery occurred. Can you tell us
- 9:47Speaker 3: how this whole thing happened and how somebody ended up dead.
- 9:50Speaker 5: I was caught to the house and Jenney Jones was
- 9:54Speaker 5: also there. They had a party and Angela was training
- 9:57Speaker 5: me more so to be his madam. I had to
- 10:00Speaker 5: be there to make sure that the rest of the
- 10:02Speaker 5: girls did what they were supposed to and that I
- 10:06Speaker 5: made money that night. So during the whole time that
- 10:09Speaker 5: the party occurred, I did what Angelo told me to do.
- 10:13Speaker 5: I danced, I collected money, I served drinks, and then
- 10:17Speaker 5: as it got late, everybody left. But that means that
- 10:22Speaker 5: there was a lot of eyewitnesses that seen me with him,
- 10:26Speaker 5: some of his other brothers, they were there that night.
- 10:29Speaker 5: When they left, it was just me, Jenny Jones, Angelo Kearney,
- 10:33Speaker 5: and Alisio Samer.
- 10:35Speaker 4: Alexis was aware that Deshaun and Trevaski were going to
- 10:40Speaker 4: be coming into the house. And in Ohio there's something
- 10:45Speaker 4: called felony murder, as there is in many other states.
- 10:48Speaker 4: And if you're aware of something like a robbery, if
- 10:50Speaker 4: you are found legally culpable in something like a robbery
- 10:54Speaker 4: and then somebody gets killed, then you're culpable for the
- 10:58Speaker 4: homicide that happened. Alexis never shot anybody, never hurt anybody,
- 11:03Speaker 4: never wanted anybody to get hurt. But there was this
- 11:06Speaker 4: robbery that happened, and when Deshaun Spears and Travaska Jackson
- 11:11Speaker 4: break in, when they shoot her trafficker and kill him
- 11:15Speaker 4: when they shoot the man who's raping her. Although she
- 11:17Speaker 4: is the child and she's the victim there, she became
- 11:20Speaker 4: legally culpable ultimately for the death.
- 11:24Speaker 5: Once Alisio was shot and Angela was killed, the question
- 11:28Speaker 5: was where was I because I was always with him,
- 11:33Speaker 5: and if I wasn't with him, then I was in
- 11:34Speaker 5: a position where one of his brothers knew where I
- 11:36Speaker 5: was at, So where was I was missing? After Alicio
- 11:41Speaker 5: woke up in the hospital, he identified Janey. He never
- 11:46Speaker 5: identified me. And my theory on this subject is he
- 11:49Speaker 5: didn't identify me because I was a child and he
- 11:52Speaker 5: was adult. But other people that the police questioned that
- 11:55Speaker 5: night continuously brought up my name. So I turned myself
- 11:59Speaker 5: in and I was arrested. I was fifteen, and I
- 12:04Speaker 5: felt like it was the first time in life that
- 12:06Speaker 5: anybody was actually like listening to me. I kind of
- 12:11Speaker 5: just told him everything that they wanted to know. My
- 12:14Speaker 5: only thing was I just wanted to know was he
- 12:17Speaker 5: alive or was he dead? Because I wasn't sure. And
- 12:20Speaker 5: when he told me Angelo was dead, I didn't really
- 12:22Speaker 5: know how to feel. It didn't click into me that
- 12:25Speaker 5: I was truly being arrested for his death until they
- 12:28Speaker 5: took me away from the detention center. I was on probation,
- 12:31Speaker 5: so I've been arrested a couple times. I was used
- 12:34Speaker 5: to the detention officers and stuff like that, so it
- 12:37Speaker 5: was kind of like, finally that night, I was going
- 12:40Speaker 5: to be safe until they pulled away from there and
- 12:45Speaker 5: took me down to the adult Question interrogation where they
- 12:49Speaker 5: left me in the code for about three or four hours.
- 12:53Speaker 5: I threw up on the table. They didn't clean that up.
- 12:55Speaker 5: I asked for my mother. They told me that my
- 12:58Speaker 5: mother left, and I knew some of my rights, and
- 13:00Speaker 5: I was like, you know, I thought my mom had
- 13:02Speaker 5: to be present because I was only fifteen, and they
- 13:05Speaker 5: told me she didn't care. And then I continuously asked
- 13:08Speaker 5: for my attorney. And I was fifteen. I knew some
- 13:12Speaker 5: of my rights right because of Criminal Minds and whatever
- 13:15Speaker 5: else I watched, but I didn't really know how to
- 13:18Speaker 5: enforce my rights. How they knew I had involvement was?
- 13:22Speaker 5: I admitted my own involvement. I didn't know what human
- 13:26Speaker 5: trafficking was. I only knew what prostitution and escorting was.
- 13:29Speaker 5: I didn't understand that I was a victim. I also
- 13:33Speaker 5: admitted to the cops Angela was training me to be
- 13:36Speaker 5: his madam. And I also admitted to the cops that
- 13:38Speaker 5: I called this man my dad. But that night and
- 13:43Speaker 5: for months on, nobody pays attention to that.
- 13:59Speaker 4: Before Alexis's case happened, Ohio had passed the Safe Harbor
- 14:03Speaker 4: Law that was specifically meant to protect survivors of human
- 14:07Speaker 4: trafficking like Kerica. The law would allow juvenile courts to
- 14:11Speaker 4: offer services to children like her who were trafficked and
- 14:14Speaker 4: to help them. And when she was arrested and sent
- 14:18Speaker 4: to juvenile court, that law was in effect, but her
- 14:21Speaker 4: attorney didn't know about it and didn't understand it. And
- 14:25Speaker 4: Kierko is actually the one who brought this question about
- 14:28Speaker 4: this law to the attorney because she had heard about
- 14:30Speaker 4: it somewhere.
- 14:31Speaker 5: So she was.
- 14:32Speaker 4: Now advocating for herself. And this is above and beyond
- 14:35Speaker 4: a fifteen year old who is trying to educate her attorney,
- 14:37Speaker 4: who then did look into it but didn't understand the law.
- 14:40Speaker 4: And then neither he, nor the court nor the prosecutor
- 14:43Speaker 4: brings it up. You have this case that the law
- 14:46Speaker 4: is made for, the law is in effect, and nobody
- 14:49Speaker 4: brings it up, nobody applies it. In fact, the only
- 14:52Speaker 4: person who had mentioned it in the process really is
- 14:56Speaker 4: Kerka herself.
- 14:58Speaker 3: Just to clarify for all you, it's the safe Harbor
- 15:01Speaker 3: law in Ohio specifically mandates that miners under the age
- 15:05Speaker 3: of sixteen do not need to prove that they were
- 15:07Speaker 3: compelled to engage in commercial sexual activity. They're automatically considered
- 15:12Speaker 3: victims of child sex trafficking, and the statute requires juvenile
- 15:16Speaker 3: courts to appoint a guardian to the defendant, a professional
- 15:20Speaker 3: other than a parent or attorney who was responsible for
- 15:23Speaker 3: advocating in the best interests of the child on trial.
- 15:26Speaker 3: So here the defense, lawyer, the court itself, everybody, they
- 15:31Speaker 3: just didn't do what they're supposed to do. Nobody did.
- 15:34Speaker 3: It's crazy, and then to make matters worse, they send
- 15:37Speaker 3: you to adult court.
- 15:39Speaker 5: At that point, I was educated on what human trafficking was,
- 15:44Speaker 5: so actually realize that you're a victim, and you hold
- 15:47Speaker 5: no power, and that somebody you thought you cared about
- 15:50Speaker 5: was hurting you. To know that they were knowledgeably hurting you,
- 15:54Speaker 5: and that was their only intent ever, was to hurt you,
- 15:58Speaker 5: it's pretty defeating. It hurts. So I know all this now.
- 16:04Speaker 5: I learned about what the grooming process was, and I
- 16:07Speaker 5: identified what my grooming process was. I learned about the trafficking.
- 16:11Speaker 5: I learned about the stages with a juvenile counselor named
- 16:15Speaker 5: Hilary Finkel, and she's the one who's bringing in this
- 16:20Speaker 5: lady named Maggan Madimo, who ultimately brings up the safe
- 16:23Speaker 5: harbor law to the juvenile court after I'm bound over
- 16:26Speaker 5: into the adult court, who ultimately educates my attorney. But
- 16:32Speaker 5: while I was in the courtroom, Judge Theodosia, who leads
- 16:37Speaker 5: the Human Trafficking Division in Summon County still to this day,
- 16:41Speaker 5: set out of her own mouths, can we take a
- 16:43Speaker 5: second in pause? And I want to ask you, Noah,
- 16:48Speaker 5: my attorney and the prosecutor, what do we do about
- 16:52Speaker 5: this fifteen year old's trafficking? She admits out her mouth
- 16:56Speaker 5: that I'm traffic. Not only was I sex traffic, but
- 16:59Speaker 5: labor traffic. She admits this, nobody had a response. The
- 17:05Speaker 5: prosecutor and my attorney looked at each other, looked at
- 17:07Speaker 5: the judge and was kind of dumbfounded when she asked
- 17:10Speaker 5: this question. My attorney, I can't even remember. He mustered
- 17:13Speaker 5: up some answer, but it clearly must not have been
- 17:17Speaker 5: good enough for Teodosia, because two months later, even after
- 17:21Speaker 5: you admit that I'm traffic I got bound over and
- 17:25Speaker 5: that made me feel like prior to the trafficking, I
- 17:29Speaker 5: was raped and I've reported it and I never got help.
- 17:32Speaker 5: One of my cousins raped me from nine to ten
- 17:35Speaker 5: and they found him not guilty. And it made me
- 17:37Speaker 5: feel the exact same way that no matter how many
- 17:40Speaker 5: times I tell somebody somebody did something to me that
- 17:43Speaker 5: was wrong, I'm always gonna either be accused of a
- 17:47Speaker 5: liar or it doesn't matter. So I started to lose
- 17:51Speaker 5: hope again.
- 17:53Speaker 3: It's a miracle that you clung onto any hope at
- 17:55Speaker 3: all after everything you had been through. And so February seventeenth,
- 17:59Speaker 3: tw fifteen, a day that will live in infamy, Karaka,
- 18:02Speaker 3: you were advised by your attorney that, with the goal
- 18:05Speaker 3: of returning to juvenile court, you should plead guilty to
- 18:08Speaker 3: polonious assault and murder. Yes, this was, of course a
- 18:13Speaker 3: terrible strategy, and ultimately you were sentenced to twenty one
- 18:18Speaker 3: to life. How did you process that sentence and how
- 18:22Speaker 3: did you manage to maintain any sort of trace of sanity.
- 18:28Speaker 5: Well, I have a little sister that's three and a
- 18:31Speaker 5: half years younger than me, and we were talking when
- 18:34Speaker 5: I was six years old, and I promised her that
- 18:37Speaker 5: I would never let nobody hurt her and I would
- 18:39Speaker 5: always be there to protect her. While I was fighting
- 18:44Speaker 5: my case at detention center, I tried to kill myself.
- 18:48Speaker 5: I busted all the above vessels in my face and
- 18:50Speaker 5: I was really close. It hurt her bad while I
- 18:56Speaker 5: was in prison. She's left out in the world with
- 18:59Speaker 5: my father and my birth mother, the two people I've
- 19:01Speaker 5: tried to protect her from my whole life. So if
- 19:04Speaker 5: I gave up fighting, I gave up fighting for her life.
- 19:08Speaker 5: If I gave up fighting, everything that happened to me,
- 19:12Speaker 5: every time a man abused me, hit me, sex with me,
- 19:16Speaker 5: everything that I have ever done to protect her was
- 19:19Speaker 5: ultimately for nothing. If I lay down and just gave up. Now,
- 19:24Speaker 5: I was scared to go to trial because my co defendant,
- 19:28Speaker 5: DeShawn just got forty one to life. I would have
- 19:30Speaker 5: went if I had somebody believe in me that told
- 19:33Speaker 5: me to go. I had two people that told me
- 19:38Speaker 5: you should maybe go to trial. One was another fifteen
- 19:41Speaker 5: year old girl, and all she said was best friend,
- 19:44Speaker 5: if you go, I'm gonna support you. And then I
- 19:48Speaker 5: had my older sister who was paying for my attorney,
- 19:50Speaker 5: and she was telling me she thinks I should take
- 19:53Speaker 5: it to trial. I had an indecisive father that kept
- 19:56Speaker 5: telling me one minute, plead out and act crazy. The
- 19:58Speaker 5: next one he was telling me to take it to trial.
- 20:01Speaker 5: My birth mother, she barely went to any hearings, but
- 20:04Speaker 5: she was telling me, plead because you don't want to
- 20:06Speaker 5: get max out at the box. And then I have
- 20:09Speaker 5: my attorney, who knows more than me, that's telling me, plead,
- 20:13Speaker 5: we have a good chance of winning your appeal because
- 20:17Speaker 5: of this safe harbor law. So I pled, But I
- 20:21Speaker 5: kept fighting because I have a baby's sister that at
- 20:25Speaker 5: the end I promised I would protect and if I
- 20:27Speaker 5: didn't protect her, nobody else would. So I fought, and
- 20:32Speaker 5: I continue to fight after denial after denial, after denial.
- 20:37Speaker 4: Her new attorney. Ke's new attorney, Jennifer Kinsley, ends up
- 20:41Speaker 4: taking on this case pro bono and appealing it all
- 20:44Speaker 4: the way to the Ohio Supreme Court, arguing that Kierka
- 20:49Speaker 4: should have received the protections of the Safe Harbor law,
- 20:52Speaker 4: and ultimately the Ohio Supreme Court rejected the case. And
- 20:55Speaker 4: they did that while saying that there is ample evidence
- 20:59Speaker 4: that Kierica was a victim of human trafficking, but unfortunately,
- 21:03Speaker 4: the original trial attorney didn't present evidence linking the crime
- 21:07Speaker 4: to Kerica being a victim of sex trafficking. So the
- 21:11Speaker 4: Supreme Court said, because he didn't create that link between
- 21:14Speaker 4: the known trafficking and the crime, they were not going
- 21:17Speaker 4: to apply the safe Harbor law to Key. And to me,
- 21:21Speaker 4: that's a little bit absurd, because of course there's a connection.
- 21:25Speaker 4: You have a fifteen year old child trying to free
- 21:28Speaker 4: herself from being trafficked by adults. It doesn't take a
- 21:32Speaker 4: lot to think about how there could be a connection there.
- 21:36Speaker 3: While justice was delayed, it surely wasn't going to be denied. Ultimately,
- 21:42Speaker 3: you petitioned Governor de Wine for clemency and you had
- 21:44Speaker 3: a hearing on that in September of twenty nineteen.
- 21:49Speaker 5: I went in front of the pro board on determination
- 21:52Speaker 5: of my clemency in November. I got an eight to
- 21:56Speaker 5: two vote, eight in favor, two agains. In January, Governor
- 22:00Speaker 5: DeWine considered my clemency and said that he wanted me
- 22:04Speaker 5: to do this program Tapestry, and after I completed it,
- 22:07Speaker 5: I would come home. I started Tapestry January twenty first,
- 22:11Speaker 5: twenty twenty. Tapestry closed down due to COVID and I
- 22:17Speaker 5: was released April twenty of twenty twenty.
- 22:19Speaker 3: So, after serving seven long years in prison, what was
- 22:24Speaker 3: it like walking out? Take us inside? That day?
- 22:29Speaker 5: That moment April eighteenth, on national television, I was told
- 22:34Speaker 5: I was going to be released. It didn't seem real
- 22:39Speaker 5: at all, Like this is something that I drinked about
- 22:42Speaker 5: many days in prison. It was going home, going home.
- 22:45Speaker 5: And now I'm signing a paper to agree to conditions
- 22:49Speaker 5: of parole and clemency and being told that I'll be
- 22:52Speaker 5: free by monday. So I signed the papers, and then
- 22:56Speaker 5: I'm told, you have to go to the whole to
- 22:59Speaker 5: the the craziest things ever. Yes, I have to go
- 23:03Speaker 5: get COVID nineteen tested and be put in quarantine in
- 23:08Speaker 5: the whole until Monday so that I could be released
- 23:11Speaker 5: to this program. So I pack up my stuff and
- 23:14Speaker 5: for two days, it's like the longest agony in the world,
- 23:18Speaker 5: knowing that in two days you'll be released. In two days,
- 23:23Speaker 5: you'll get to enter into a world of something you
- 23:27Speaker 5: don't know. I left as a kid, and I left
- 23:29Speaker 5: a world of chaos, and I'm supposed to be being
- 23:32Speaker 5: released into a world of peace and freedom. Right. I
- 23:35Speaker 5: decided that I didn't want to go back to my
- 23:37Speaker 5: hometown Akron because I didn't want to go back to
- 23:40Speaker 5: the same people, the same way, as the same lifestyle.
- 23:43Speaker 5: I believe that was, you know, the biggest reason of
- 23:47Speaker 5: why I didn't get to reach my goals as a kid.
- 23:49Speaker 5: I believe God gave me a second opportunity with the
- 23:52Speaker 5: new family, and I chose to take it. They released
- 23:56Speaker 5: me from the prison and it's this long corridor you
- 23:59Speaker 5: have to walk down, really really really long, and they
- 24:02Speaker 5: hand him my release ID, and it's none of this
- 24:05Speaker 5: is still real that I'm really being released until I
- 24:08Speaker 5: passed through the other side of the metal detectors and
- 24:12Speaker 5: there's Jennifer and Sasha and they hug me and we
- 24:20Speaker 5: walk out the doors, and we walk out the doors
- 24:22Speaker 5: to cameras in my face. They tell me I get
- 24:25Speaker 5: to say hi. I say hi, and finally I get
- 24:30Speaker 5: to embrace my little sister. Finally I get to embrace
- 24:35Speaker 5: this little girl that's not a little girl anymore. I
- 24:39Speaker 5: left and she was eleven, and I came home and
- 24:42Speaker 5: she's eighteen and has a big, old round belly. It
- 24:47Speaker 5: was hard seeing somebody that I thought was my baby
- 24:52Speaker 5: not a baby no more.
- 25:04Speaker 3: So are you Are you an aunt? Now?
- 25:07Speaker 5: I am? I also have another niece. She was born
- 25:11Speaker 5: four months after I went to prison. The reason why
- 25:14Speaker 5: I mentioned this is that I was supposed to raise her,
- 25:19Speaker 5: and four months before she is born into this world,
- 25:21Speaker 5: I am tooken away from her. Currently, right now, we
- 25:27Speaker 5: are in the process of getting temporary custody of her
- 25:30Speaker 5: and she is here with me. So I am an aunt.
- 25:34Speaker 5: I am an aunt by a lot. I have eleven
- 25:37Speaker 5: nephews and nieces together.
- 25:39Speaker 3: So I want to talk now about something you began
- 25:44Speaker 3: in prison that I hear you're hoping and planning to
- 25:47Speaker 3: continue with on the outside, and that's working with other survivors.
- 25:51Speaker 3: I heard that when you were in prison, and this
- 25:54Speaker 3: sounds I mean incredible, but hear me out. You improved
- 25:57Speaker 3: on an existing program by reaching out to someone with
- 26:01Speaker 3: the FBI who had actually interviewed you.
- 26:04Speaker 5: I got interrogated by the FBI about the human trafficking
- 26:07Speaker 5: and stuff, and so I contacted one of the contacts
- 26:10Speaker 5: and told her like, Hey, you know, I'm trying to
- 26:12Speaker 5: run this group. Do you have any pointers on what
- 26:14Speaker 5: I should teach these girls about what is human trafficking?
- 26:17Speaker 5: And she actually sent me like these packets and stuff.
- 26:20Speaker 5: So me and one of my case managers we went
- 26:22Speaker 5: through what I wanted to touch on, and I created
- 26:26Speaker 5: a twelve week group on human trafficking and prostitution education.
- 26:30Speaker 5: So it talked about healthy relationships, talked about sex, It
- 26:34Speaker 5: talked about what is grooming, It talked about family loves.
- 26:38Speaker 5: It touched on the trafficking part of it, but also
- 26:41Speaker 5: some of the healing process of it. And then after
- 26:44Speaker 5: you went through the group, you became a mentor to
- 26:47Speaker 5: the new ladies. I was going through a group, so
- 26:50Speaker 5: it was an ongoing cycle that you had somewhere to go,
- 26:53Speaker 5: and every time that group was going on, it would
- 26:56Speaker 5: keep me and a lot of other girls out of
- 26:58Speaker 5: trouble because you had to play where you were not alone,
- 27:01Speaker 5: somebody could feel every emotion that you felt and wouldn't
- 27:05Speaker 5: look at you like you were crazy. I actually have
- 27:08Speaker 5: a mentee that I still talk to. She sits on
- 27:10Speaker 5: a human trafficking board in Columbus, Ohio, and she wrote
- 27:14Speaker 5: me a letter WHI was in prison and told me
- 27:16Speaker 5: that because of me is the reason why she believed
- 27:21Speaker 5: that she was a survivor and not just a prostitute.
- 27:24Speaker 5: One thing with a lot of survivors is we have
- 27:27Speaker 5: a problem with men for a while. So somebody that
- 27:31Speaker 5: may not have had the issue with men, if I say,
- 27:33Speaker 5: oh God, I want to punch him in his face,
- 27:37Speaker 5: somebody that hasn't had that issue would be like, there's
- 27:39Speaker 5: something wrong with her. But another survivor would be like, girl,
- 27:42Speaker 5: I know too, Like yeah, he was talking really mean
- 27:44Speaker 5: or something. You know. So the group was just very
- 27:47Speaker 5: productive and supportive, and it gave us a family, which
- 27:51Speaker 5: ultimately most of us never really had a family or helped.
- 27:54Speaker 5: We had a family that cared about us. So those
- 27:57Speaker 5: are one of the things that I did in prison.
- 28:00Speaker 5: Since I've been home, I'm working on going back to
- 28:03Speaker 5: college to start my business so I can do a
- 28:06Speaker 5: business for at risk tines. That's ultimately what I want
- 28:09Speaker 5: to work with. I want to work with kids before
- 28:11Speaker 5: they even get involved in a victimization. So that is
- 28:17Speaker 5: my dream.
- 28:18Speaker 3: Oh my god, he's doing more than most three people.
- 28:20Speaker 3: I know. It's a really beautiful thing. And I know
- 28:23Speaker 3: after hearing your story, Jerka, people are gonna want to
- 28:26Speaker 3: get involved even more than they already are. So please, Sasha,
- 28:30Speaker 3: you want to.
- 28:31Speaker 4: So there is a GoFundMe for Alexis Karaca Martin. She's
- 28:36Speaker 4: building up her new future, so she's in a position
- 28:39Speaker 4: where she's gonna need some resources to continue her education.
- 28:44Speaker 4: She hopes to one day start her own nonprofit to
- 28:48Speaker 4: serve survivors, but also just to get up on her feet.
- 28:51Speaker 4: And there's this GoFundMe. If you look for Alexis Kierka
- 28:55Speaker 4: Martin support fund, people can donate and help keep it
- 28:59Speaker 4: on her way to the great future that she deserves.
- 29:01Speaker 4: And the other pieces and say is Ohio Justice and
- 29:04Speaker 4: Policy Center does lots of work to free people who
- 29:08Speaker 4: are unfairly sentenced and unfairly incarcerated. And if people want
- 29:14Speaker 4: to learn more about Key's case, or about similar cases,
- 29:17Speaker 4: or about our work, our website is Ohio JPC dot org.
- 29:23Speaker 4: So Ohio Justice Policy Center JPC dot org. Those are
- 29:28Speaker 4: two distinct ways people can help key and then also
- 29:31Speaker 4: learn more about the way we need to change our
- 29:32Speaker 4: systems and the work that's being done throughout Ohio.
- 29:35Speaker 5: And I wanted to say it's not up and running yet,
- 29:38Speaker 5: but I would just ask that people stay tuned. I
- 29:41Speaker 5: will be releasing my first poetry book. It's all the
- 29:44Speaker 5: poems that I did fighting my case and while I
- 29:46Speaker 5: was in prison. The person that I'm working with, we
- 29:49Speaker 5: are hoping to publish it sometime after my birthday in
- 29:53Speaker 5: twenty twenty one.
- 29:54Speaker 3: Well, we will be happy and proud to help support
- 29:58Speaker 3: it and promote it when it comes out. Congratulations on that.
- 30:02Speaker 3: And we will also be putting the links to the
- 30:04Speaker 3: GoFundMe in our episode guide, so we'll make it easy
- 30:08Speaker 3: for our audience to get involved, and we'll post it
- 30:11Speaker 3: on our Instagram as well. Thank you. Now we turn
- 30:15Speaker 3: to the segment of the show that I always look
- 30:19Speaker 3: forward to, closing arguments, where first of all, I once
- 30:23Speaker 3: again thank each of you, Sasha Name and Kierka Martin
- 30:28Speaker 3: for being here and sharing your amazing saga of a
- 30:32Speaker 3: life and a case, we wish you all the best
- 30:35Speaker 3: of everything. And then I turned my microphone off and
- 30:40Speaker 3: I kick back in my chair and close my eyes
- 30:44Speaker 3: so that you can share anything you want to share
- 30:46Speaker 3: with our audience. And of course, Kerica, we'd like to
- 30:50Speaker 3: save you for last. Sasha, if you can go first,
- 30:54Speaker 3: and then whenever you're done, hand the mic off to
- 30:57Speaker 3: Kierka Alexis.
- 30:59Speaker 4: Kiera Ka Mark is this incredibly resilient and smart and
- 31:05Speaker 4: kind human being, and she has survived a lot and
- 31:09Speaker 4: in so many ways is a unique gift in this world,
- 31:15Speaker 4: and in some ways her story is one that other
- 31:17Speaker 4: people also have, and it's important to keep that in
- 31:22Speaker 4: mind because the work toward criminal justice has to be
- 31:28Speaker 4: centered on the humanity of people like Key, and right
- 31:32Speaker 4: now we have a criminal legal system. It's not always
- 31:35Speaker 4: a criminal justice system. Key came out of prison just
- 31:38Speaker 4: as we had a pandemic. But also this moment where
- 31:42Speaker 4: we're really starting to rethink the way we have justice
- 31:45Speaker 4: and racial equity and the way we treat human beings
- 31:50Speaker 4: in a system that cages people. So there's a lot
- 31:53Speaker 4: of work to do and we're incredibly lucky that Governor
- 31:57Speaker 4: DeWine granted clemency for Key because she's going to be
- 32:01Speaker 4: a major player I think in the way we improve
- 32:04Speaker 4: this world. And I'm just incredibly honored to be on
- 32:07Speaker 4: her team and to be her friend and to get
- 32:10Speaker 4: to see her grow and to be a part of it.
- 32:13Speaker 3: Kierica is all yours, Okay.
- 32:16Speaker 5: I just wanted to thank you, know, the listeners for
- 32:19Speaker 5: staying tuned and listening. I wanted to thank you guys
- 32:22Speaker 5: for having me on and talking with me. I wanted
- 32:27Speaker 5: to clarify, just maybe for the listeners because I was thinking,
- 32:31Speaker 5: like they may have been wondering, why do I want
- 32:34Speaker 5: to be called Kerka? It is taking ownership of who
- 32:39Speaker 5: I am. I feel like alexis Lexi Alex. They all
- 32:45Speaker 5: have like a bad past. I feel like holding on
- 32:49Speaker 5: to that part of my name is like holding on
- 32:52Speaker 5: to baggage. I don't plan on dropping my name completely,
- 32:58Speaker 5: but Kierka is something that my grandmother named me, and
- 33:03Speaker 5: that's really the only good of a lot of my past.
- 33:06Speaker 5: So I believe I have a new life, a new
- 33:10Speaker 5: start or new home, a new dream, so why not
- 33:14Speaker 5: a new name. So that is why I like being
- 33:17Speaker 5: called Kiera Khurkee and my final thoughts and final things
- 33:22Speaker 5: that I would say is the main reason why I
- 33:26Speaker 5: tell my story. I call it getting naked. Main reason
- 33:30Speaker 5: why I get naked in front of the audience and
- 33:32Speaker 5: I let people see the vulnerability is that anybody can
- 33:37Speaker 5: be a victim. Anybody. I was a girl who got
- 33:42Speaker 5: all a's in school. I wanted to go to the
- 33:45Speaker 5: Air Force. I was at ROTC. I just didn't have
- 33:48Speaker 5: parents at home that loved me, but I had a dream.
- 33:51Speaker 5: I wasn't some bad kid that a lot of people thought.
- 33:54Speaker 5: Anybody can be a victim, but it takes love in
- 33:58Speaker 5: the community to make that victim into a survivor. And
- 34:02Speaker 5: that's the difference between me and a lot of other
- 34:04Speaker 5: people is that I didn't let my victimization leave me
- 34:08Speaker 5: as a victim. And I'm still fighting and I'm going
- 34:13Speaker 5: to continue fighting, and so there's no longer a breath
- 34:15Speaker 5: in my body to fight for survivors and not just
- 34:18Speaker 5: survivors of human trafficking. And I hope that hearing my
- 34:23Speaker 5: story encourages people to if you're not going to, at
- 34:27Speaker 5: least support the calls, support your family, hug the little
- 34:31Speaker 5: girl that's alone, play with the little boy that wants
- 34:34Speaker 5: to play and just let your kids know that they're
- 34:38Speaker 5: loved so that there's not men like my trafficker that
- 34:42Speaker 5: can come in and use and abuse them.
- 34:51Speaker 3: Thank you for listening to Wrong for Conviction. You can
- 34:53Speaker 3: listen to this and all the Lava for Good podcasts
- 34:55Speaker 3: one week early and ed free by subscribing to Lava
- 34:59Speaker 3: for Good Plus on Apple Podcasts. I want to thank
- 35:01Speaker 3: our production team, Connor Hall and Kathleen Fink, as well
- 35:05Speaker 3: as my fellow executive producers Jeff Kempler, Kevin Wartis, and
- 35:08Speaker 3: Jeff Cleibern. The music in this production was supplied by
- 35:10Speaker 3: three time OSCAR nominated composer Jay Ralph. Be sure to
- 35:13Speaker 3: follow us across all social media platforms at Lava for
- 35:16Speaker 3: Good and at Wrongful Conviction. You can also follow me
- 35:19Speaker 3: on Instagram at It's Jason Flamm. Wrongful Conviction is a
- 35:22Speaker 3: production of Lava for Good Podcasts and association with Signal
- 35:26Speaker 3: Company Number One.
- 35:27Speaker 1: We have worked hard to ensure that all facts reported
- 35:29Speaker 1: in this show are accurate. The views and opinions expressed
- 35:32Speaker 1: by the individuals featured in this show are their own
- 35:34Speaker 1: and do not necessarily reflect those of Lava for Good.