Latest / Wrongful Conviction / #578 Jason Flom with Charles "Brandon" Martin

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#578 Jason Flom with Charles "Brandon" Martin · Wrongful Conviction

0:04
Speaker 1: Hey, everybody, it's senior producer Connor Hall with more case
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Speaker 1: updates and behind the scenes insights. And this week we're
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Speaker 1: talking about Charles Brandon Martin and the intersection of two
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Speaker 1: forces in the post conviction litigation world, Brady v. Maryland
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Speaker 1: and the Anti Terrorism and Effective Death Penalty Act, otherwise
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Speaker 1: known as EDPUTT. The latter puts restrictions on post conviction proceedings,
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Speaker 1: most notably limiting the power of federal courts to disturb
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Speaker 1: state court rulings to only in cases where the rulings
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Speaker 1: are contrary to or an unreasonable application of clearly decided
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Speaker 1: federal law, which can happen in the application of the
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Speaker 1: precedent set in Brady v. Maryland. The landmarks Supreme Court
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Speaker 1: ruling that forbids hiding exculpatory evidence from defendants, prosecutors favor
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Speaker 1: pastime am right anyway, So when a state appellate court
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Speaker 1: is deciding whether a Brady violation has occurred, two standards
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Speaker 1: must be met. Was the evidence of innocence not disclosed
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Speaker 1: to the defense before trial? And would it have made
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Speaker 1: a difference for the verdict? And disputes arise over the
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Speaker 1: subjectivity and human error that can creep into these decisions,
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Speaker 1: so when such disputes are first settled by a state court,
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Speaker 1: the matter can be raised again in federal court, at
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Speaker 1: which point the state court decision can be disturbed only
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Speaker 1: if that ruling is contrary to or an unreasonable application
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Speaker 1: of the standard set out by Brady v. Maryland That
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Speaker 1: no fair minded jurist could rule in the same way
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Speaker 1: in light of the previously undisclosed evidence. So it's an
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Speaker 1: incredibly high standard which the Fourth Circuit Court of Appeals
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Speaker 1: felt was met in Brandon's case. To refresh you on
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Speaker 1: Brandon's case, without getting too deep into the weeds, we
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Speaker 1: have this gatoray bottle near the scene of an attempted murder,
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Speaker 1: and it's got a mix of duct and medical tapes
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Speaker 1: and opening at either end, some ashes, and some hares,
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Speaker 1: three DNA profiles, one of which was the victims, and
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Speaker 1: none of which were definitively Brandon's. And an investigator opined
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Speaker 1: that it might be a makeshift silencer, just like he
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Speaker 1: had seen in a Steven Segall movie. Not kidding, and
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Speaker 1: without any testing to prove that theory, the state relied
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Speaker 1: on witness testimony instead that Brandon had done an Internet
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Speaker 1: search to learn how to make such a silencer before
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Speaker 1: covering his tracks by getting rid of that computer. But
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Speaker 1: years later it's discovered that the state knew that wasn't
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Speaker 1: the case. They knew Brandon hadn't destroyed the evidence, how
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Speaker 1: because they had it and had done forensic analysis pre
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Speaker 1: trial and determined that no such Internet search had ever
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Speaker 1: occurred with not only that computer, but four others. Yet
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Speaker 1: they presented that false narrative through witness testimony that they
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Speaker 1: knew was a lie. Meanwhile, others have always said that
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Speaker 1: the gatorade bottle was used for smoking weed, So this
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Speaker 1: impedes the witness in question as well as undermine the
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Speaker 1: silencer theory and whether or not this gatorade bottle and
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Speaker 1: subsequent DNA testing had any meaning to the case at all.
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Speaker 1: All that is left in this case after that Brady
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Speaker 1: violation is a ballistics test that said the bullet fragments
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Speaker 1: at the scene could have been produced by firearms made
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Speaker 1: by one of sixteen manufacturers, one of sixteen manufacturers from
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Speaker 1: whom Brandon and who knows who else had purchased firearms.
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Speaker 1: And then there's the alleged motive, which was dispelled by
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Speaker 1: both the victim and Brandon's wife at trial. Lastly, there's
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Speaker 1: a witness who claims that he saw Brandon and a
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Speaker 1: would be co conspirator who got acquitted by the way.
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Speaker 1: This witness said that he saw them making something with
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Speaker 1: a gatorade bottle prior to the shooting, then admitted on
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Speaker 1: the stand that he was testifying this way to protect
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Speaker 1: his sister, who was likely involved. So first a steam
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Speaker 1: appellate court ruled that this was a material Brady violation.
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Speaker 1: Then a higher state court reversed that decision. Brandon's team
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Speaker 1: then filed a federal habeas petition, which received two rulings
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Speaker 1: in their favor before reaching the justices of the United
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Speaker 1: States Supreme Court or maybe one of their lackeys from
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Speaker 1: the Federalist Society, and they ruled that the federal courts
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Speaker 1: misapplied EDBA and that a fair minded jurist could have
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Speaker 1: still come to the same verdict based on the remaining evidence.
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Speaker 1: And I'd like you all to listen to our coverage
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Speaker 1: and decide for yourselves if you think they got it right.
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Speaker 1: That instead of getting a new trial or dismissing his
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Speaker 1: charges altogether, that the state never had to answer for
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Speaker 1: fabricating a false narrative, a false narrative that was even
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Speaker 1: raised during jury instruction. How destruction of evidence can constitute
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Speaker 1: a consciousness of guilt? Does this ruling set a precedent
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Speaker 1: that allows such tactics? It wasn't our system already permissive
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Speaker 1: enough to prosecutors. While we're free to ponder the nature
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Speaker 1: of this system, Brandon and so many others like him
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Speaker 1: are living through it. I recently had a chance to
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Speaker 1: speak with him. I mean, god, he was only free
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Speaker 1: for like ten months. First time I spoke to him
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Speaker 1: in early twenty twenty five, he was still in prison.
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Speaker 1: Shortly after that he was released, awaiting a new trial
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Speaker 1: or maybe even dismissal of charges. Until this ruling, Brandon's
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Speaker 1: next move is filing for parole. Perhaps someone on the
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Speaker 1: board is listening right now, Maybe they can answer these questions.
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Speaker 2: On October twenty seventh, two thousand and eight, a pregnant
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Speaker 2: woman named Jody Lynn Torek answered a knot at her
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Speaker 2: front door and survived a gunshot, but tragically, her pregnancy
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Speaker 2: was terminated and police found what they believed to be
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Speaker 2: a makeshift silencer in her home. Then theorized that one
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Speaker 2: of the potential bothers. A married man named Charles Brandon
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Speaker 2: Martin had constructed the alleged silencer and arranged the attack,
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Speaker 2: despite a bunch of holes in this theory, including that
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Speaker 2: this alleged silencer may have actually been a bomb. One
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Speaker 2: alleged witness claimed that Brandon had searched the Internet for
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Speaker 2: ways to construct the silencer before disposing of the computer,
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Speaker 2: sending him away for life. This is wrongful conviction. Welcome
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Speaker 2: back to wrongful conviction, where we're going to go to Maryland,
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Speaker 2: just outside of DC, where a pregnant woman survived a
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Speaker 2: gunshot wound that ended her pregnancy, and then a tangled
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Speaker 2: web of lovers, law enforcement and various ulterior motives led
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Speaker 2: to the prosecution of not one but two innocent men,
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Speaker 2: while other compelling suspect were ignored, and one of the
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Speaker 2: two men caught up in that miserable web joins us
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Speaker 2: from a Maryland correction facility, Charles Brandon Martin, but he
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Speaker 2: just goes by Brandon, So Brandon, welcome to ronfel conviction.
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Speaker 3: I appreciate you having me.
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Speaker 2: And joining him to help tell this harrowing story. His attorney,
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Speaker 2: Elizabeth Frianzoso, who goes by Beth and will represent him
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Speaker 2: along with Donna Ferriman at a new trial if the
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Speaker 2: state ever stops delaying it. So Beth, welcome, thank you
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Speaker 2: for having us. And while this case is really more
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Speaker 2: of a Maryland story, Brandon's story began in DC and
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Speaker 2: it revolved heavily around basketball.
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Speaker 3: I grew up in the DC area. I went to Tomatha
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Speaker 3: High School, finished up the Saint Stephen Saint AGAs High
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Speaker 3: School in Alexandria. Before college, i've studied social science and
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Speaker 3: ath apology and sociology. The University of Pittsburgh unished Johnstown
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Speaker 3: and I started coaching and in basketball, and actually when
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Speaker 3: I was in college, started coaching at the high school
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Speaker 3: at ten in the summers. Then I had got a
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Speaker 3: job at Alleghany College in Pittsburgh. So I actually didn't
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Speaker 3: move to Maryland until two thousand and four with my
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Speaker 3: ex wife, who was my girlfriend at the times when
8:11
Speaker 3: I had the head coaching job at the college and
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Speaker 3: Southern Maryland. Right after my first son was born.
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Speaker 2: The two young parents moved back to be closer to
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Speaker 2: their support systems understandably, and then they got married and
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Speaker 2: it wasn't long before their second child was born, and
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Speaker 2: it appears that Brandon enjoyed fatherhood.
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Speaker 3: With the job I had and everything, I was able
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Speaker 3: to make my schedule around the kids, and so I
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Speaker 3: was basically the primary caregiver for our kids while I
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Speaker 3: was there. I mean, I spent more hours for day
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Speaker 3: with the kids than anybody, from the second they woke
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Speaker 3: up all the way through the night time. But that's
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Speaker 3: the most important thing to me with those kids. I mean,
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Speaker 3: that's the hardest part for me right now, is being
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Speaker 3: away from the kids.
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Speaker 2: As time went by, the marital arrangement changed and Brandon
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Speaker 2: moved out, but they both remained committed to amicably co parenting.
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Speaker 4: He and his wife had separated, Pad Moore of just
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Speaker 4: a co parenting roommate type thing. His wife was aware
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Speaker 4: that he'd had relationships with other women, go somewhere else
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Speaker 4: in the evening, and he'd come home, go to the
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Speaker 4: kids sports games, and participate with the kids. He was
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Speaker 4: always a really active dad to.
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Speaker 3: Try to keep everything the same for the kids since
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Speaker 3: they were still young. I would get back to the
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Speaker 3: house in the morning before they woke up so that
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Speaker 3: they didn't notice anything different, which explained me and my
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Speaker 3: ex wife. We knew what the situation was.
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Speaker 2: And while living within this new arrangement, Brandon had three
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Speaker 2: more kids, including another son with his wife, but staying
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Speaker 2: single it was just a better fit for him setting
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Speaker 2: a casual expectation with any of his intimate partners, which
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Speaker 2: included three women at the time of this incident, Sherry Carter,
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Speaker 2: Maggie McFadden, and the victim in this case, Jody Lynn Torrick.
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Speaker 3: They tried to make it sound like I was in
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Speaker 3: committed relationships with all these people, and you know, with Jody,
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Speaker 3: we probably had only been around each other probably eight times.
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Speaker 4: She was actually dating someone else by the name of Emmanuel,
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Speaker 4: and they were actually more boyfriend girlfriend. Jody became pregnant.
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Speaker 4: It was uncertain who the father was, and Brandon was
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Speaker 4: very respectful of her making whatever decision that she wanted to,
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Speaker 4: which could include either having an abortion or keeping the baby,
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Speaker 4: and he agreed that if the baby was his, he
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Speaker 4: would support the baby. I think Emmanuel was not thrilled
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Speaker 4: that she was pregnant and didn't know who the father was,
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Speaker 4: so the state tried to paint this out to Brandon
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Speaker 4: being angry that she was pregnant and wanting to kill
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Speaker 4: her so that way he wouldn't have to pay child support,
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Speaker 4: but it simply wasn't true not to mention that there
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Speaker 4: was a whole host of other people that did have
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Speaker 4: some type of motive.
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Speaker 2: And this appears to have included one of Brandon's other
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Speaker 2: intimate partners, Maggie McFadden, who had allegedly threatened other women
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Speaker 2: with gun violence, including Sharry Carter, which brings us to
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Speaker 2: October twenty seventh, two thousand and eight, when Jody Lyn
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Speaker 2: Torrik was at home talking to a friend on the phone.
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Speaker 4: She was two months pregnant at the time. Talking on
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Speaker 4: the phone to her friend around three o'clock in the afternoon,
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Speaker 4: and someone knocked on her front door saying they were
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Speaker 4: a salesman, and then she ended the call. Blair tried
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Speaker 4: to call her back a few times, Jody never picked
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Speaker 4: up the phone, so she got worried and she called
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Speaker 4: Jody's roommate, Jessica. Jody also worked for Jessica. Blair requested
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Speaker 4: that Jessica leave work and check on Jody. So Jessica
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Speaker 4: finds Jody lying there unconscious with a gunshot wound, and
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Speaker 4: she calls nine to one one. The police come to
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Speaker 4: the scene. At that point, Jody's lying in the doorway,
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Speaker 4: She's still breathing, and she was hospitalized for quite some
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Speaker 4: time for serious injuries.
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Speaker 2: A three eighty caliber bullet and casing were collected from
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Speaker 2: where she was found, and then across the living room
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Speaker 2: from there police found a curious looking Gatorie bottle. The
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Speaker 2: mouth was wrapped in layers of duct tape and medical
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Speaker 2: tape which formed a rectangular opening, and then on the
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Speaker 2: bottom there was a hole covered an ash and soot,
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Speaker 2: and the lead detective from ann Arundel County, Richard Allman,
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Speaker 2: thought that that was a makeshift silencer.
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Speaker 4: There was no expert testimony whatsoever about gatorade bottles or
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Speaker 4: other bottles being made into silencers. Detective Richard Alvin testified
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Speaker 4: it reminded him of a makeshift silencer he'd seen in
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Speaker 4: a steven Sagall movie.
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Speaker 2: But rather than ordering chemical analysis to prove that theory,
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Speaker 2: it just became an accepted fact, and there were a
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Speaker 2: few hairs stuck in the tape and the contraption was
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Speaker 2: saved for DNA testing and hair microscopy. Meanwhile, they spoke
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Speaker 2: with Jody's roommate, Jessica Higgs.
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Speaker 4: During the interview, Jessica used the very crass racist language.
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Speaker 4: She used the N word and stated she did not
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Speaker 4: like black people, that she didn't like that Jody had
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Speaker 4: black men in and out of the house, and that
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Speaker 4: she didn't like or didn't trust Brandon because he's black.
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Speaker 4: She basically came up with this unfounded, baseless theory that
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Speaker 4: all it must have been Brandon because he was in
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Speaker 4: some way pissed off that she was pregnant and didn't
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Speaker 4: want to have an abortion.
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Speaker 2: The police theorized that this married man wanted Jody dead
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Speaker 2: to hide his infidelity and potential extramarital child. So Anne
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Speaker 2: Arundel County police coordinated with Charles County to pay a
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Speaker 2: visit to Brandon and his wife.
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Speaker 3: Oh yeah, the next day they were accusing me when
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Speaker 3: I was at home with the kids and I see
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Speaker 3: a shruck parked in front of my driveway, like blocking
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Speaker 3: my driveway, tended windows, and I actually ended up calling
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Speaker 3: the police because I'm afraid I'm at home with the
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Speaker 3: kids and I'm thinking somebody wants to try to rob
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Speaker 3: me something. They said they were going to send someone over,
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Speaker 3: which clearly they didn't because they knew who it was
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Speaker 3: and so the original interaction with them was when I
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Speaker 3: found out that she had actually been shot.
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Speaker 2: Without knowing the time of the shooting, Brandon told them
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Speaker 2: where he was the day before, at Maggie macfadden's house
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Speaker 2: speaking with her brother Frank Bradley about rehab from about
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Speaker 2: one point thirty to four point thirty PM, thereby making
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Speaker 2: him unavailable for him to have shot Jody.
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Speaker 3: And then in the meantime, the police were actually speaking
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Speaker 3: to my wife at the time, and they made her
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Speaker 3: meet them at like a mattress warehouse or something like
14:33
Speaker 3: that on the way home from her job. So they
14:35
Speaker 3: had her basically alone talking to her, and so I'm
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Speaker 3: trying to call her and can't reach her. They wouldn't
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Speaker 3: let her pick the phone up when I'm calling now.
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Speaker 2: Unaware of the marital arrangement that upended their theory, they
14:46
Speaker 2: may have hoped to upset her with the news of
14:48
Speaker 2: an extra marital affair and child, perhaps gaining the state's witness,
14:51
Speaker 2: but to no avail. They were told about Brandon's other
14:54
Speaker 2: intimate partners, which brought them to Sherry Carter, as well
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Speaker 2: as Maggie McFadden and her brothers Frank, Dennis and Michael Bradley,
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Speaker 2: all of whom corroborated Brandon's alibi. But instead of rethinking
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Speaker 2: their theory in the face of this new evidence, they
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Speaker 2: persisted with Brandon while trying to again aggravate his wife.
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Speaker 3: When they had originally asked about searching the house and
15:14
Speaker 3: searching the car and all that stuff, we didn't have
15:16
Speaker 3: any issue with that. That was fine, But instead of
15:20
Speaker 3: going on the schedule that we had agreed upon, they
15:22
Speaker 3: waited until they knew I was going to be gone
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Speaker 3: from the work, and they came over the house when
15:26
Speaker 3: she was there with the kids, and so just trying
15:28
Speaker 3: to upset her, messing the house up, slashing bags open
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Speaker 3: that could have just been unzipped, and just making a
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Speaker 3: mess of the place, doing the best they could to
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Speaker 3: try to upset her in any way, hoping that I
15:38
Speaker 3: had done something and she was going to fell on me,
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Speaker 3: but there was nothing to do.
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Speaker 2: In addition to information, they may have been looking for
15:44
Speaker 2: a three eighty caliber pistol or some other incriminating evidence,
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Speaker 2: but all they turned up was a text exchange between
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Speaker 2: Brandon and Jodie.
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Speaker 4: If you look at the text messages, it just says
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Speaker 4: what time do you work? To which she responded, I'm off.
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Speaker 4: Brandon said hello at five level, which was two hours
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Speaker 4: after the shooting. He sent another message, I got some
16:04
Speaker 4: stuff with the kids to about seven o'clock, so any
16:06
Speaker 4: time later, how much did you need, suggesting that they
16:09
Speaker 4: had talked over the phone or something, So why they
16:13
Speaker 4: suggested that was in some way nefarious or him trying
16:17
Speaker 4: to ascertain if she was home alone. In fact, it
16:20
Speaker 4: suggests one that they were just having a normal conversation
16:23
Speaker 4: about him providing her something that she needed and scheduling it.
16:27
Speaker 4: And the fact that he was completely clueless as to
16:31
Speaker 4: the fact that she'd been shot because he's texting her
16:33
Speaker 4: two hours after.
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Speaker 2: Yet inexplicably, this was later present at as evidence of guilt. Meanwhile,
16:40
Speaker 2: a month out from the shooting, Jody regained consciousness, but
16:43
Speaker 2: she had no memory of the shooting, and she couldn't
16:46
Speaker 2: identify the shooter.
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Speaker 4: She could remember I think what happened up to the
16:50
Speaker 4: day of the shooting in her life generally, and she
16:53
Speaker 4: gained her memory for future events, but did not remember
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Speaker 4: anything about being shot.
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Speaker 3: Well, they interviewed Jody when she first got home. He
17:03
Speaker 3: let them know that I've never asked her to get
17:05
Speaker 3: a hors. I think she said he never told me
17:07
Speaker 3: to do anything associated with it. Then they come the
17:09
Speaker 3: trial still saying that was going on when she actually
17:12
Speaker 3: told them that before.
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Speaker 2: So they chose to ignore the victim and Brandon's wife
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Speaker 2: about the motive or lack thereof, as well as his
17:20
Speaker 2: corroborated alibi, and they obtained a warrant to collect strands
17:24
Speaker 2: of Brandon's hair for comparison to the gatorade bottle. Again,
17:28
Speaker 2: no testing was done to determine if this crazy Stephen
17:31
Speaker 2: Sigall movie silence or theory held any water. I mean,
17:34
Speaker 2: my first thought was that this contraption was found outside
17:37
Speaker 2: of the immediate crime scene, and it sounds like a
17:41
Speaker 2: let's face, it sounds like a homemade bomb.
17:43
Speaker 3: I think he might be pretty spot on there.
17:46
Speaker 4: And that also, I guess what would explain why there
17:49
Speaker 4: may have been some burnt residue in it. That's what
17:51
Speaker 4: happens to marijuana when you smoke it. Also, whither it
17:54
Speaker 4: would have been a little bit of a tape around it,
17:56
Speaker 4: and there was a multiple DNA profile not ruling out
18:00
Speaker 4: out either Jody or Brandon. And I think the fact
18:03
Speaker 4: that Jody's and Brandon's and who knows who else is
18:06
Speaker 4: might have been on it because it was a mixed
18:08
Speaker 4: profile would be consistent with that being what this gatorade
18:12
Speaker 4: bottle was used for. And so essentially that there's nothing
18:15
Speaker 4: about the DNA that would suggest that he did anything
18:18
Speaker 4: nefarious with this gatorade bottle. But yet, because Detective Albin
18:22
Speaker 4: had seen this interesting steven Sagall movie, he decided to
18:25
Speaker 4: make that the theory of the state's case that it was
18:28
Speaker 4: a silencer.
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Speaker 2: So with Jessica Biggs theory which had been debunked by
18:32
Speaker 2: Jody and Brandon's wife, followed by an innocuous text exchange,
18:36
Speaker 2: and then Brandon's hair found on what was probably a
18:40
Speaker 2: bond considering Jody wasn't excluded either. I mean, how many
18:45
Speaker 2: shooting victims handle the silencer that's used on them. Nevertheless,
18:52
Speaker 2: they arrested Brandon.
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Speaker 3: It was a surprise. I was actually on my way
18:56
Speaker 3: taking the kids to practice when we would hit into
18:58
Speaker 3: the car, getting the kids in the car, and they
19:01
Speaker 3: pull up with all the police and all this stuff
19:03
Speaker 3: in arrestment.
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Speaker 2: He was arrested on March thirtieth, two thousand and nine,
19:07
Speaker 2: then bonded out, which started a fight over pre trialed
19:10
Speaker 2: attention that tied up his lawyers and had Brandon in
19:13
Speaker 2: and out of jail while they worked to build support
19:15
Speaker 2: for the silencer theory, starting with Sharry Carter.
19:18
Speaker 4: Brandon had a computer because he was a coach at
19:21
Speaker 4: the College of Southern Maryland, so he had his work
19:23
Speaker 4: laptop at home, and she got upset with him and
19:28
Speaker 4: made up a story that he was searching all these
19:31
Speaker 4: things on the computer about making silencers out of bottles,
19:36
Speaker 4: and then she testified the computer had been destroyed, and
19:39
Speaker 4: the police testimony was such that they did not have
19:42
Speaker 4: the computer.
19:43
Speaker 2: But we later found out that they definitely fucking did,
19:46
Speaker 2: and that a forensic search of this particular computer and
19:50
Speaker 2: others belonging to Brandon had disproved Scherry's story. And in
19:54
Speaker 2: light of that tidbit, do we believe that other potentially
19:58
Speaker 2: exculpatory evidence was just simply somehow lost.
20:02
Speaker 4: They lost street camera footage that would have showed if
20:06
Speaker 4: Brandon had driven towards Jodie's house that day, or for
20:08
Speaker 4: that matter, specifically who drove toward the house that day.
20:13
Speaker 4: They lost part of a recording of a police interview
20:16
Speaker 4: in which Maggie's brother Michael Bradley basically endorsed brandon sallibi,
20:22
Speaker 4: which directly conflicted with Michael Bradley's trial testimony.
20:25
Speaker 2: During his initial interview, Michael Bradley corroborated Brandon's alibi statement
20:31
Speaker 2: that he was at their house on the afternoon of
20:33
Speaker 2: the shooting, but in November two thousand and nine, in
20:36
Speaker 2: exchange for immunity and other favors, Michael Bradley changed that story,
20:41
Speaker 2: adding in a new name, Jerry Burks.
20:45
Speaker 4: Bradley testified that it was him, Frank, Jerry Burks, Brandon.
20:49
Speaker 4: They were smoking marijuana in the house. He was intoxicated,
20:54
Speaker 4: that he saw Frank take medical tape to the kitchen.
20:57
Speaker 4: He saw Brandon and Frank go up to Maggie McFadden's room,
21:01
Speaker 4: Frank coming down and retrieving a gatorade bottle, and then
21:04
Speaker 4: Brandon and Jerry Burkes left the house.
21:07
Speaker 2: Bradley said they left around two pm, and then the
21:11
Speaker 2: pair allegedly returned and asked Frank to discard of a bag.
21:15
Speaker 2: But where did this Jerry Burke's guy come from.
21:18
Speaker 3: He was a friend of Maggie's brother, and I believe
21:23
Speaker 3: a friend of Maggie, and just my feeling of it
21:27
Speaker 3: is that he sort of was in the same situation
21:29
Speaker 3: as me where they're alleged he did something that he
21:32
Speaker 3: probably didn't actually do.
21:33
Speaker 4: I think that they were hoping in some way that
21:35
Speaker 4: Jerry would turn on Brandon, but he didn't.
21:37
Speaker 2: And we'll get into Michael Bradley's reasons for throwing Jerry
21:40
Speaker 2: Burkes under the bus in a bit. But they used
21:43
Speaker 2: his statement and Jerry Carter's lives to bring Jerry Burkes
21:46
Speaker 2: into the fold. But Burkes called their bluff refusing to
21:51
Speaker 2: give a statement about how Brandon allegedly hired him to
21:54
Speaker 2: shoot Jody using this alleged silencer.
21:57
Speaker 4: He maintained his innocence, he was trying by a jury,
22:00
Speaker 4: he was acquitted, And it really does seem that after
22:03
Speaker 4: Jerry was found not guilty, they really ramped up the
22:06
Speaker 4: prosecution of Brandon. The judge didn't even allow the fact
22:11
Speaker 4: that Jerry was acquitted to be heard by the jury
22:14
Speaker 4: in Brandon's case.
22:16
Speaker 2: By this time, Brandon had been re arrested on a
22:18
Speaker 2: false assault allegation, and even that same judge didn't find
22:23
Speaker 2: the charge credible.
22:24
Speaker 3: They had a witness basically lie and say that I
22:26
Speaker 3: had assaulted them. Now it came up doing a hearing
22:29
Speaker 3: that it was a false statement, and the judge explained
22:32
Speaker 3: that even though I don't believe that it occurred, I'm
22:35
Speaker 3: going to hold you because trial is two weeks away.
22:37
Speaker 3: Then the trial gets postponed for a good deal of time,
22:41
Speaker 3: and they still kept me in there.
22:43
Speaker 2: Trial was postponed until April twenty ten. Meanwhile, the media
22:48
Speaker 2: was regurgitating whatever the state fed them.
22:50
Speaker 3: They asked the possible jurors, who has read or seen
22:54
Speaker 3: anything about this case on tvor in the newspapers, because
22:57
Speaker 3: they're trying to out by every single person stands up,
23:01
Speaker 3: you know, so right then you're like okay. And the
23:04
Speaker 3: issue with that is that the way the media is
23:08
Speaker 3: used by the police and the States is that they'll
23:10
Speaker 3: go to the media and they'll say that this person
23:13
Speaker 3: was the rest of goodness and this and so on
23:15
Speaker 3: the news in the newspaper, they'll put your face in
23:17
Speaker 3: there and said you allegedly did this, and no one's
23:20
Speaker 3: listening to the allegedly, and no one is thinking about
23:24
Speaker 3: the fact that it might not be true. And so
23:26
Speaker 3: everybody stands up, and the next part of the vaivier
23:30
Speaker 3: is asking them that they can still be fair and impartial,
23:33
Speaker 3: so everybody sits back down.
23:35
Speaker 2: TROLD began on April twenty seven, twenty ten, with the victim,
23:38
Speaker 2: Jody Lynn Toros.
23:40
Speaker 4: She testified that she did not remember anything as far
23:44
Speaker 4: as what happened on that day, that she and Brandon
23:47
Speaker 4: had a sexual relationship, and that she was pregnant, and
23:51
Speaker 4: she also had a relationship with another man named Emmanuel,
23:54
Speaker 4: and that she was uncertain who the father was, and
23:58
Speaker 4: that she and Brandon had some discussions about abortion and
24:01
Speaker 4: she told him that she wished to keep her baby,
24:05
Speaker 4: and there was no testimony that he in any way
24:08
Speaker 4: was threatening to her or anything of the like, but.
24:11
Speaker 2: The state doesn't have to prove motive. And they also
24:14
Speaker 2: presented the innocuous text thread with a straight base and
24:17
Speaker 2: said that it was evidence of guilt. And then they
24:22
Speaker 2: moved on to the alleged silencer, you know, the bong
24:24
Speaker 2: silencer theory, and they put on medical experts that tied
24:28
Speaker 2: Brandon's DNA to this gatorade bottle. The first one testified
24:32
Speaker 2: that one hair was human, the other was from a cat,
24:36
Speaker 2: and then an expert in mitochondrial DNA, doctor Terry Melton,
24:40
Speaker 2: took the stand.
24:42
Speaker 4: Doctor Terry Melton testified, what mitochondrial DNA could show that
24:46
Speaker 4: someone is from the same maternal lineage, but it can
24:49
Speaker 4: never say for sure that this hair absolutely for sure
24:52
Speaker 4: came from this person. Doctor Melton testified she could rule
24:56
Speaker 4: out ninety nine point ninety four percent of North Americans,
25:00
Speaker 4: and during cross examination she acknowledged that left roughly one
25:03
Speaker 4: hundred and eighty thousand Americans and thirty thousand people in
25:06
Speaker 4: Maryland with that same mitochondrial DNA profile.
25:10
Speaker 2: So in plain English, it's a big fat nothing burger.
25:15
Speaker 4: And they called Sarah Chenoweth, the forensic chemist who testified
25:19
Speaker 4: about DNA and said it included DNA from at least
25:22
Speaker 4: three individuals, which also would be consistent with it being
25:26
Speaker 4: a bong. It says at least one male and one female.
25:29
Speaker 4: She did roll out three other people submitted for comparison,
25:33
Speaker 4: didn't roll out Brandon, didn't rule out Jody. Plus, we're
25:37
Speaker 4: not suggesting that his DNA necessarily wasn't on the bottle
25:40
Speaker 4: that they all used as a bong. But even if
25:42
Speaker 4: there was a hair that could have possibly been Brandon's, well,
25:47
Speaker 4: when people pass around a bong, their hair might get
25:50
Speaker 4: on it. So I don't think that's really neither here
25:52
Speaker 4: nor there, So that was it. There was no expert
25:55
Speaker 4: testimony about silencers, how they're constructed. They could have tested
25:59
Speaker 4: it trying to figure what was that little bit of
26:01
Speaker 4: ash in the bottom was at marijuana or was it gunshot?
26:04
Speaker 4: Resident they didn't bother to do it because they didn't
26:06
Speaker 4: seem to think it was important.
26:07
Speaker 2: The state hired three biological evidence experts to testify about
26:11
Speaker 2: a contraption that they hadn't even proved was involved with
26:14
Speaker 2: the shooting. Instead, they relied on Sherry Carter and Michael Bradley,
26:19
Speaker 2: the latter of whom Michael told his news story about
26:22
Speaker 2: Jerry Burks, but he kind of fell apart on cross examination.
26:26
Speaker 4: On cross examination, he was questioned about the fact that
26:29
Speaker 4: he received immunity from prosecution from Jody Tourok's shooting in
26:34
Speaker 4: exchange for his testimony, and that he also received a
26:38
Speaker 4: benefit in his obstruction of justice charges in New Jersey,
26:42
Speaker 4: and he admitted that those charges stemmed from him lying
26:45
Speaker 4: to the police. So he's a person who's approven liar
26:48
Speaker 4: to the point where he actually was charged with obstruction
26:50
Speaker 4: because of it. And then he admitted he only testified
26:54
Speaker 4: because Maggie McFadden asked him to because she was involved
26:58
Speaker 4: in the attempted murder.
27:00
Speaker 2: Yes, Bradley testified that his sister directly asked him for
27:04
Speaker 2: protection because she was involved. And then the state's other
27:08
Speaker 2: star witness, Sherry Carter, also implicated Maggie McFadden.
27:13
Speaker 4: Cherry testified that Maggie McFadden was threatening Sherry, among others,
27:17
Speaker 4: on social media, was emailing her employer, and that Maggie
27:23
Speaker 4: actually made a statement that she had someone shot and
27:27
Speaker 4: the description of that statement sounded an awful lot like
27:30
Speaker 4: she was talking about Jodi. She also had made comments
27:34
Speaker 4: that she liked to fight and beat people up, and
27:36
Speaker 4: she had shot people before. She was so volatile the
27:40
Speaker 4: state decided not even to call her as a witness.
27:43
Speaker 2: The state then found themselves trying to throw the court
27:47
Speaker 2: off of Maggie McFadden's scent.
27:49
Speaker 4: It was completely just twisted. It was backwards, basically saying
27:53
Speaker 4: that the McFadden theory was far fetched because her aggressive
27:57
Speaker 4: behavior would draw attention to her as a suspect, and
28:00
Speaker 4: it was not logical that someone who's that flamboyantly aggressive
28:04
Speaker 4: would have been responsible for trying to shoot someone mm hmm.
28:08
Speaker 2: Yeah, okay, but this wasn't Maggie McFadden's trial, and that's
28:14
Speaker 2: not all that Sherry Carter said.
28:16
Speaker 4: Cherry testified that she'd been in a relationship with Brandon
28:19
Speaker 4: for three years, that he had a computer at his house,
28:22
Speaker 4: and that it was his work computer from the College
28:25
Speaker 4: of Southern Maryland, and it had a lot of restrictive settings,
28:28
Speaker 4: so he wouldn't be able to modify system files or
28:32
Speaker 4: download software without an administrator password. And so she then
28:36
Speaker 4: testifies that we did this, and he did that, and
28:39
Speaker 4: he looked up silencers, and then he said he got
28:41
Speaker 4: rid of the computer because they'd looked up so many
28:44
Speaker 4: crazy things on the internet in her apartment that if
28:47
Speaker 4: it got searched, he didn't want it found. So she
28:49
Speaker 4: says that, and she said she'd seen Brandon with a
28:52
Speaker 4: handgun in September and October, and her testimony was unimpeached.
28:56
Speaker 2: And had Brandon's trial attorney known that this computer was
29:00
Speaker 2: not only in the state's possession, but also that it
29:02
Speaker 2: had been forensically analyzed and no such searches had been detected,
29:06
Speaker 2: then he too would have known that Sharry Carter had
29:10
Speaker 2: perjured herself and that the state knowingly had presented false evidence,
29:15
Speaker 2: but without that knowledge well trial counsel they did the
29:19
Speaker 2: best they could.
29:20
Speaker 4: A lot of the case was made on cross examination. Basically,
29:23
Speaker 4: the argument was that the bottle was not a silencer,
29:25
Speaker 4: but it was a boon that the DNA did not
29:28
Speaker 4: indicate that he had any role in constructing a silencer
29:31
Speaker 4: or anything like that, and that Jody's DNA was found
29:34
Speaker 4: on it again that would corroborate the idea of it
29:37
Speaker 4: being a boonk and that the state's theory about the
29:40
Speaker 4: silencer failed to explain the presence of Jody's DNA. But
29:43
Speaker 4: there was also a lot of references to who else
29:47
Speaker 4: might have had a motive. Here you have Emmanuel Quarterly,
29:49
Speaker 4: who's the other boyfriend of Jody. Then you have Maggie
29:53
Speaker 4: McFadden who was all over the place threatening people, confessing
29:57
Speaker 4: to shootings, alluding that it was Jody, and the fact
30:01
Speaker 4: that she's directing her brothers what to do and how
30:04
Speaker 4: to talk to the police. And then Maggie McFadden's friend
30:08
Speaker 4: Steve Burnett, lied to the police about his whereabouts and
30:12
Speaker 4: was never able to explain what he was doing.
30:14
Speaker 2: Plus, Brandon's wife testified about their arrangement and how she
30:18
Speaker 2: knew that he had children with other women, So he
30:20
Speaker 2: would not have been motivated to kill Jody for keeping
30:23
Speaker 2: the baby.
30:24
Speaker 4: Without this whole computer thing trying to tie him up
30:28
Speaker 4: to this bong that they claim was a silencer, and
30:31
Speaker 4: have no forensic evidence whatsoever. They really didn't have anything
30:34
Speaker 4: of a case. The only couple witnesses they had were
30:37
Speaker 4: really alternate suspects. Sherry Carter. This was, I would say,
30:41
Speaker 4: the butt four witness. That was not for this witness,
30:44
Speaker 4: he wouldn't have been convicted. And she testified the computer
30:47
Speaker 4: had been destroyed. The jury instruction, I'll read it verbatim.
30:51
Speaker 4: You have heard evidence that the defendant removed a computer
30:54
Speaker 4: from the house of Sherry Carter. Concealment of evidence is
30:57
Speaker 4: not enough by itself to establish guilt, but may be
31:00
Speaker 4: considered as evidence of guilt. Concealment of evidence may be
31:04
Speaker 4: motivated by a variety of factors, some of which are
31:07
Speaker 4: fully consistent with innocence. You must first decide whether the
31:10
Speaker 4: defendant concealed any evidence in this case. If you find
31:14
Speaker 4: that the defendant concealed evidence in this case, then you
31:17
Speaker 4: must decide whether that conduct shows a consciousness of guilt. Crucially,
31:21
Speaker 4: this instruction allowed the jury to infer guilt from Brandon's
31:25
Speaker 4: alleged decision to get rid of the laptop due to
31:28
Speaker 4: search history, and the only basis for the instruction was
31:32
Speaker 4: Sherry Carter's testimony. So essentially the instruction was that if
31:37
Speaker 4: he concealed evidence that could be used as consciousness of guilt.
31:43
Speaker 3: You know, I don't have a criminal records. I've never
31:45
Speaker 3: been through anything like this, and.
31:47
Speaker 5: So you still have some faith consystem that if you
31:50
Speaker 5: didn't do something, you're not going to Even with all
31:54
Speaker 5: the stuff that state was trying to make up going brown,
31:58
Speaker 5: no one that took the thing actually.
31:59
Speaker 3: Said I did. So I did still have hope. I
32:01
Speaker 3: didn't think that it was going to end up the
32:03
Speaker 3: way it did. So they simply at North France, which
32:21
Speaker 3: is the highest security level prison in Maryland, which is
32:24
Speaker 3: actually I believe it was the Ultra Max or something
32:26
Speaker 3: like that. I think they have a superstructure show about
32:30
Speaker 3: the prison, which this is like a one on once
32:33
Speaker 3: they would call it twenty three and one when you're
32:35
Speaker 3: in yourself about twenty three hours a day, and so yeah,
32:39
Speaker 3: so I've been up here basically ever since the prison
32:42
Speaker 3: being what it is, there's things that are normalized here
32:45
Speaker 3: that should not be normal. I don't even remember the
32:48
Speaker 3: amount of people that's been killed stuff in here anymore.
32:51
Speaker 3: People being murdered in here is not even spoke about it.
32:54
Speaker 3: It's like it's something that people say in passion now
32:58
Speaker 3: because it happened so often, Like the man who was
33:01
Speaker 3: murdered by the Russian authors that was caught on the
33:03
Speaker 3: body camera recently, people and outrage about it, which they
33:07
Speaker 3: should be, but that happens daily like that. It just
33:10
Speaker 3: because it finally was gone video.
33:12
Speaker 2: And of course he's talking about Robert Brooks, the man
33:16
Speaker 2: who was murdered on video, brutally murdered by a group
33:21
Speaker 2: of New York State Correction officers. Now, Robert, what can
33:26
Speaker 2: we say? Rest in peace? And to his point, from
33:31
Speaker 2: what we hear during these interviews, that kind of thing
33:34
Speaker 2: is all too common behind the walls, and that makes
33:38
Speaker 2: post conviction litigation all that more urgent because every day
33:44
Speaker 2: is life and death. And Brandon tapped into his scholastic
33:48
Speaker 2: background in the law library.
33:50
Speaker 3: The only thing I really do is read the law,
33:51
Speaker 3: read the Bible, and once I got confident in my
33:55
Speaker 3: legal abilities, as far as filing briefs and things of
33:58
Speaker 3: that nature. In the past seven years, I think I've
34:01
Speaker 3: helped about twenty guys get positive results in cases with
34:05
Speaker 3: all this that that's them going home, getting admitted in
34:08
Speaker 3: the drug program, getting time cut, finding information similar to mine.
34:13
Speaker 2: So let's get back to Brandon's case.
34:15
Speaker 3: I had filed a public information next, and once I
34:18
Speaker 3: finally got the police file, was when I found the
34:20
Speaker 3: information about the computer. In fact, it was on page
34:23
Speaker 3: four because I'm up all night doing legal work, and
34:27
Speaker 3: so i had my lighte on and I'm flipping the
34:29
Speaker 3: page and I saw it, and I'm just I started
34:32
Speaker 3: talking to myself. Really, I'm like, oh, this is what
34:33
Speaker 3: I've been talking about all along.
34:35
Speaker 4: The state had not only the computer, but they also
34:38
Speaker 4: had the analysis of the computers that was done by
34:42
Speaker 4: the state's computer experts, which concluded that these searches had
34:46
Speaker 4: not been done on these computers, and that was not
34:50
Speaker 4: disclosed to the defense. So it completely proves that Sherry
34:53
Speaker 4: was lying and they deliberately presented false evidence. Then they
34:57
Speaker 4: had the jury instructed that he was the one that
35:00
Speaker 4: hid the evidence.
35:01
Speaker 3: So the very next morning I called Justin Brown to
35:03
Speaker 3: let him know what I filed in there and when
35:06
Speaker 3: we started filing it from there, that was in twenty sixteen.
35:09
Speaker 2: They also discovered Michael Bradley's initial interview in which he
35:13
Speaker 2: corroborated Brandon's alibi, as well as that they at one
35:16
Speaker 2: point had had video of the road leading up to
35:19
Speaker 2: Jody's home which could have identified the actual killer, but
35:23
Speaker 2: mysteriously it somehow went missing.
35:26
Speaker 4: So there were so many things that were exculpatory that
35:29
Speaker 4: the jury should have heard about but didn't hear about,
35:33
Speaker 4: and instead were fed this false bill of lies about
35:37
Speaker 4: silencers and computer searches and destruction of evidence that not
35:41
Speaker 4: only wasn't true, but the opposite was true. It was
35:44
Speaker 4: the government that was hiding the evidence and they did
35:47
Speaker 4: it to secure this false conviction against Brandon, and Justin Brown,
35:51
Speaker 4: who was Brandon's attorney at that time, did an excellent
35:53
Speaker 4: job presenting it. At the post conviction level. Judge Silkworth
35:57
Speaker 4: granted the post conviction relief based up upon your Brady violation,
36:01
Speaker 4: which the court concluded that it was significant enough to
36:04
Speaker 4: vacate the conviction and remand for a new trial.
36:07
Speaker 2: And since twenty sixteen, the state has tied them up
36:10
Speaker 2: on appeal rather than allow the new trial to go forward.
36:13
Speaker 2: And in that time, Beth and Donna Fairman, as well
36:16
Speaker 2: as a team from the powerhouse law firm Scadden, have
36:20
Speaker 2: fought to maintain that twenty sixteen new trial motion all
36:24
Speaker 2: the way to most recently the Fourth Circuit Court of Appeals.
36:28
Speaker 4: At that level, Brandon was represented by some excellent lawyers
36:32
Speaker 4: from Scadden who did an outstanding job, and basically a
36:36
Speaker 4: three judge panel concluded that he's entitled to a new trial.
36:41
Speaker 4: And so that's where we are right now. I am
36:44
Speaker 4: looking forward to representing him at his trial or Donna Fairman,
36:48
Speaker 4: and I think that he has waited way too long
36:53
Speaker 4: for justice to happen here.
36:55
Speaker 2: So here we are in February twenty twenty five, as
36:58
Speaker 2: the state has a few more delay tactics to still try, because,
37:02
Speaker 2: after all, what the hell are they going to present
37:05
Speaker 2: at a new trial? Michael Bradley, Sherry Carter, I mean,
37:10
Speaker 2: multiple DNA profiles found on a bond, maybe, I mean
37:14
Speaker 2: I can't with this shit. But before I actually lose
37:18
Speaker 2: my shit, let's go to closing arguments, where, first of all,
37:22
Speaker 2: I want to thank both of you for joining us today.
37:26
Speaker 2: So now I'm going to turn off my microphone, leave
37:29
Speaker 2: my headphones on and kick back in my chair and
37:31
Speaker 2: just listen to anything else you want to share. So Elizabeth,
37:36
Speaker 2: you go first. Then just sort of hand the microphone
37:39
Speaker 2: off the brand and he'll take us off into the sunset.
37:41
Speaker 4: I think that he has been the victim of a
37:44
Speaker 4: grievous injustice, that the system has failed him time and
37:48
Speaker 4: time again. I am, however, grateful to the courts that
37:52
Speaker 4: saw things as they should have and granted him a
37:55
Speaker 4: new trial, and I feel confident that jury hearing actual
38:01
Speaker 4: evidence rather than evidence that was manufactured twisted around, we'll
38:05
Speaker 4: see that he's an innocent man and we'll find him
38:08
Speaker 4: not guilty when he goes to.
38:09
Speaker 3: Tryal thank you for having us on here and giving
38:12
Speaker 3: us the opportunity to have this conversation, because with how
38:17
Speaker 3: everything has gone here, you see that the way that
38:22
Speaker 3: things that are spoken about from one point of view
38:25
Speaker 3: are not necessarily what it really is, and so you
38:28
Speaker 3: have so many lies and false things that will put
38:30
Speaker 3: into the trial. You know, Yeah, people I know on
38:32
Speaker 3: the street that don't know the truth about the situation
38:36
Speaker 3: and will repeat stuff that's on the news because they
38:38
Speaker 3: don't understand that the news is just getting stuff from
38:41
Speaker 3: the police, and so you have stuff going to family members, kids,
38:44
Speaker 3: all of that stuff that are being said that clearly
38:46
Speaker 3: aren't true, and there's no way for these people to
38:49
Speaker 3: get in the actual information. So I do believe that
38:52
Speaker 3: this is a very important outlet. And for me clearly
38:56
Speaker 3: sitting in here, I understand that this isn't what I
39:00
Speaker 3: want to be here, but I also know that certain
39:03
Speaker 3: positive things still occur. What you have to look for,
39:07
Speaker 3: you have to understand what is wanted from you, what
39:09
Speaker 3: is needed from you, And so that's why, like I
39:11
Speaker 3: said earlier, I try to help in any way I
39:13
Speaker 3: can with anyone because you never know why God has
39:16
Speaker 3: allowed you to be in a certain situation. But if
39:19
Speaker 3: you don't try to do the things that he wants
39:22
Speaker 3: to do, then there's no positive that's going to come
39:24
Speaker 3: from it, and then you're just looking at everything from
39:26
Speaker 3: such a negative point of view. And so I know
39:28
Speaker 3: that at some point, when it's the proper time, I'll
39:31
Speaker 3: be out of here. But while I'm in here, I'm
39:34
Speaker 3: going to continue to try to help people because I've
39:35
Speaker 3: always done that, and so just try to keep the
39:38
Speaker 3: positive mindset while continuing to fight for great really for justice,
39:43
Speaker 3: for the truth. My kids, my family, They're the most
39:45
Speaker 3: important thing to you, and so to be able to
39:48
Speaker 3: get home to them and give the in person support
39:52
Speaker 3: that I should have been able to give to them
39:54
Speaker 3: their whole lives up and locked up for the most
39:56
Speaker 3: part of their whole lives, and so I just pray
39:58
Speaker 3: that happened soon.
40:04
Speaker 2: Thank you for listening to Wrongful Conviction. You can listen
40:07
Speaker 2: to this and all the Lava for Good podcasts one
40:09
Speaker 2: week early and ad free by subscribing to Lava for
40:12
Speaker 2: Good Plus on Apple Podcasts. I want to thank our
40:15
Speaker 2: production team, Connor Hall and Kathleen Fink, as well as
40:18
Speaker 2: my fellow executive producers Jeff Kempler, Kevin Wartis, and Jeff Cliber.
40:22
Speaker 2: The music in this production was supplied by three time
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Speaker 2: OSCAR nominated composer Jay Ralph. Be sure to follow us
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Speaker 2: across all social media platforms at Lava for Good and
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Speaker 2: at Wrongful Conviction. You can also follow me on Instagram
40:34
Speaker 2: at It's Jason Flamm. Wrongful Conviction is a production of
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Speaker 2: Lava for Good Podcasts and association with Signal Company Number One.
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Speaker 1: We have worked hard to ensure that all facts reported
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Speaker 1: in this show are accurate. The views and opinions expressed
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Speaker 1: by the individuals featured in this show are their own
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Speaker 1: and do not necessarily reflect those of Lava for Good