Latest / DA CREW Podcast / SEASON 2 DA CREW PODCAST EPISODE _12_ HOST SHANETTE W JOHNSON
Transcript
- 0:05Hello, Hello, Hello, and welcome to the Crew Podcast. I am
- 0:12the Visionary Queen Angela and welcome to season two. I want to thank you
- 0:18for tuning in and for all of your support throughout season one. We're back
- 0:25them devas of the Airways, So thank you for joining us tonight. Share
- 0:32this with someone in your circle. Let's talk. Let's talk about it.
- 0:45What's your host? Sett Johnson? Join me? Hi, good evening and
- 1:32welcome to Let's talk about it. Thank you for joining me this evening.
- 1:36I'm your host and Natt Johnson. On tonight, we have a We're going
- 1:41to continue talking to one about his conviction he was convicted wrongfully convicted in twenty
- 1:48oh nine. As well as I'm gonna I'll be talking to his son,
- 1:55one of his sons, Juan's Junior, who is currently incarcerated. And also
- 2:02I will have a close friend Rodney Long will also get insight on the wrong
- 2:12for conviction that Wine is currently fighting. So let's sit back, get comfortable,
- 2:23grab your favorite drink, and let's talk Wine. Junior and Senior,
- 2:29welcome to Let's talk about it. How you guys are doing this evening?
- 2:39Why Senior switch phones with Wine Jr? I can't hearing. And hello,
- 2:49mister Rodney, Hey, how were you everybody doing? We're doing good over
- 2:59here? Am I talking to one junior? Now? How are you doing
- 3:07today? I'm doing pretty fine. How Chris for having me on this podcast
- 3:13today, You are very welcome. So I just have a couple of questions
- 3:17for you on this evening. I thank you and I appreciate you for allowing
- 3:24me to ask you these questions. It's just going to be basically three questions.
- 3:34I understand that you was four years old when your father was charged with
- 3:43this wrong for the conviction, and I just wanted to know at what age
- 3:52was you when you realize or when you really understood your your father sentenced it,
- 4:00your father's sentence, and how did it how did you feel about it?
- 4:10Well, when I found out about my father sentence, I wasn't you
- 4:13know, I wasn't like a little baby that I was like around like fourteen,
- 4:17you know, I started hearing things from from family members telling me and
- 4:19it's to telling me that, but I never really had it to my mother
- 4:23and so I never you know, and I never really asked him what he
- 4:26was in there for. So you know, I was just you know,
- 4:30when I got a little older, I ended up finding out and it troubled
- 4:33me a lot. You know, I was, you know, going down
- 4:36a wrong scout because I didn't have a father figure in my life. You
- 4:39know, the situation at the circumstances that he was in. So you know,
- 4:44I try to you know, survive. Right, You're saying that my
- 4:46father wasn't there to provide for me and my mother and my sister. So
- 4:49you know I had to you know, keep had to provide for us,
- 4:54you know what I'm saying. Yes, so you would say that that was
- 4:59not having her father there was hard on you. Yes, ma'am, Yes,
- 5:06of course it's hard. Okay. I also have Rodney Rod on the
- 5:16phone with me. Rod is in studio with me and Rod Do you have
- 5:21any questions that you want to ask, ye jor Yeah. First of all,
- 5:28I want to know how he's doing. Can you hear him. I'm
- 5:32pretty good, you know, yeah, I can hear it. I'm doing
- 5:34pretty good. Just hard in my hand time, you know, get through
- 5:38it my time. That's good. That's good. My main thing is to
- 5:44tell him put God first in his life. Uh, That's what's very very
- 5:47important. On what he's going through okay, And so this is gonna be
- 5:57my my last question for you, and then I would like to speak back
- 6:02to why senior of how did you feel when you just when you sing your
- 6:13dad this time? I mean I was, I was, you know,
- 6:18I was emotional. I ain't know what didn't get first, but then you
- 6:24know it was I was happy to see him because you know recent person,
- 6:27you know, getting my head and talk to him on you know, different
- 6:30and basic everything on the jail phones. You know, right, it was
- 6:33it was a it was a it was a tough time and place, but
- 6:35you know, just deal with him and talking to him, you know,
- 6:38it helped me out a little bit more or at least do what at least
- 6:43get do what I'm gonna have to go through, you know. So you
- 6:46know you're in my prayers and I'm praying for you. You're going to get
- 6:51through this. You know, if you need to talk, you know where
- 6:57I'm always here to talk. I'm a good listener, you know. So
- 7:03I really appreciate your time and talking to me, and I look forward to
- 7:11meeting you in person. All right, thank you, suh. Hello one
- 7:26scene Now I have one senior on the phone with me. We're going to
- 7:30continue talking about the wrong for conviction that he's currently fighting. Last time we
- 7:39talked about how when they picked up jury, how the protest was out there.
- 7:46Then we also talked about the the charging documents and the fellow the law
- 8:00statue. So this time I just wanted to give the floor to Rodney a
- 8:05loan and to give a little insight of how it is in Denver with the
- 8:16law. Well, I think the law in Denver is like all these cities,
- 8:22we have no justice. I got an attorney for they day to look
- 8:28over his case. And once that attorney looked up over the case, he's
- 8:33seen that it went through three different judges and it was like he was scared
- 8:39to represent one because of exactly what he might go through with his law firm.
- 8:46So when I asked him about the question that one always asked me how
- 8:50he could be charged with this because the murder was dropped, none of them
- 8:54could ever answer that question. And so that's something. And then I'm very
- 9:00puzzled because no attorney can answer the question that I asked them. Oh God,
- 9:11I can't hear you. What was the questions that you basically had brung
- 9:18up to the attorneys, the one with the murder. They said he was
- 9:24not guilty of the murder. So like what Wan would say, if he's
- 9:28not guilty of the murder, how did they have him on a murder charge?
- 9:31And how do they give him life in prison if he didn't kill nobody?
- 9:39Right? And then also they we talked, we touched a little on
- 9:43the where you had to have an underlying offense to go to get predicate to
- 9:54get the the fella in the murder statue and which in one's case it's not
- 10:00one. It was just mentioned that robbery, that the word robbery was mentioned,
- 10:09and but it's nowhere in the charging documents that that they charged him with
- 10:18an underlying prey to the fence and every time he used their law against them,
- 10:26they should have down. So right now, why do you have would
- 10:31you like to jump in this conversation? Yeah, I got I uh friend
- 10:39of mine that's been helping me with my case law too, that that's real
- 10:41familiar with the law. And I would like to introduce him also where you
- 10:46know, because he has a uh a better understanding because I'm just now running
- 10:52well he is because I met here on that charge and his name is Clint
- 10:58chimp. Uh, but we go over. He teaches me a lot of
- 11:03the things about this law, and it said that I have to be convicted
- 11:11of the predicare sense in order for them to convict me of selling murder.
- 11:18They never did because they never get it. Dreve be a verdict for him
- 11:22for the crime of robbery doing lige. That happened all again was mentioning the
- 11:28word robbery. But that's not appropriate for it's not law. You can't just
- 11:35mention something and and convict me of it. It's illegal because how do I
- 11:41defending you in something that's not there? Right? And then also you know
- 11:48which robbery did they say was which alleged robbery was it? Which? Okay?
- 11:58In trial that what an aggregated robbery happened? Well at the end the
- 12:05trial, when they gave the jew the Julian instructions, they gave them a
- 12:09structure on simple robbery, which, uh, there's two different robberies on the
- 12:16books. But in your charging documents, I read the jury instruction when the
- 12:26jury when a judge mentioned the witness name and not the victim's name, And
- 12:35in your charging documents it doesn't even have the witness name. It has the
- 12:43victims name in it. So was that an oversight or misprint or or or
- 12:52what because you in your okay, I can't hear I can't you hear him?
- 13:09No, I can't hear him. I need him to come. Yeah,
- 13:15okay, it's join. Can you hear me now? Yes, I
- 13:22can hear you, now, go ahead, Okay. It seems that the
- 13:26whole problem with Lawn's conviction is that to establish that he committed artempt to commit
- 13:35CDIC offfense, the prosecution had to prove beyond the reason of gout every element
- 13:41of defense of that offense in his charge. In document they mentioned the word
- 13:48Robert n. Ll stay he committed artemtical commit rockery right and finally murder any
- 13:52other charge. They didn't set out the elements of his crime, uh,
- 14:00so that he could provide a defense against those elements. Uh. They didn't
- 14:05set elements for super robbery until, like the deliberation stayed to the trial,
- 14:11and that's the first time that the elements for robberie well represented when the jury
- 14:16was getting ready to go in deliberation. Now, to establish that he committed
- 14:22or a tent to committee, they had to prove those elements. But those
- 14:24elements can't stand alone and a charge a robbery by itself. They had to
- 14:31be set inside of another charge or else the robbery conviction. The robber charge
- 14:39had to be dismissed, and his case there was never a robbery charge,
- 14:45you know, uh right, And that's what the real you know. And
- 14:50there were no burning forms given for the jury to deliberate on the robert condition.
- 14:58So actually, well the court did was to say that because they gave
- 15:05the very convicted him of thurnity murder, that that was proof that the elements
- 15:11of except for robbery, was proven. But there were no verdict falls presented
- 15:16to the jury to make a decombination of built an innocence on the rockery choice.
- 15:22So in essence, he was charged two times for first degree murder after
- 15:28he had been a critic of murder in the first degree. What they did
- 15:33without proven a predicate offense. They charged him again for first degree murder without
- 15:39proven the only thing that was different between first degree murder and unity murder,
- 15:45which was that he committed or attempt to commit a predical offense. But there's
- 15:50no buts, no predicative offense. He was never charged and he was never
- 15:56given a chance to defend against the leg robbery as as they say, and
- 16:03then they have a they have the witness and the jury verdict in the when
- 16:15the jut in a an instruction, the jury instruction, they have the wises
- 16:21name and not the victim's name. And then in a charging document they have
- 16:26the the victim's name and not the witness name. And they also don't have
- 16:33a predicate offense. So you know, how can this conviction stand or why
- 16:41what? Why didn't he Why wasn't he able to walk out the courts the
- 16:45courthouse when it was when they did not find him guilty of the murder?
- 16:56Yeah, what's the thing name? You know, they can claimed that that
- 17:00was the type of graphical hero, but the Broughten Ryan is that they did
- 17:06the childe him with a rugby and robbery must underline purity of defense must be
- 17:10proven by a jury to a jury. When they UH convicted him of felery
- 17:17murder, they actually invaded the progress of the jury and made a determination themselves
- 17:23that he was guilty of selly murder without present to the jury that he UH
- 17:30that he committed an underline predict confess they didn't do that, and that's the
- 17:36reason why this deviction is no good, you know, even his double jipardy
- 17:40claim. That's the reason why he's claimed double jippardy. It's because they have
- 17:45quitted him a murder and then they came along again and charged him with selly
- 17:51murder under the guys of an underlying credit the offense, when the victim actually
- 17:57said in the transparent that one did not attempt of value from him at all.
- 18:07And so that's the problem with this conviction is that they didn't charge and
- 18:11convictim of fellow murder. They didn't charge and convict them or the convictim of
- 18:18fellow the murder, but they didn't charge the convictim of an underlying present offense.
- 18:21And that has to happen and are to find someone healthy of fellow the
- 18:25murder. Okay, so we have a question, uh so what can be
- 18:30done now? Since we know all this about the about his case? What
- 18:36can be done? And I will give that question to either Ride or well
- 18:45Rod. The they they they ran out of time, so maybe you can
- 18:52answer that call that question what can be done? Since we know all of
- 18:56this about his case? We have to find an attorney that has balls the
- 19:03attorney that I see, don't have no balls and they're scared to fight the
- 19:07justice system. So we have to have a judge, I mean, an
- 19:12attorney who's not scared to fight justice for day. They So far, we
- 19:18have not found anyone to take the risks to fight for his cause when he
- 19:26was convicted of something he did not do. So that's where our hands is
- 19:30tied. We have not been able to find attorney who will fight his case.
- 19:38Okay, So it's just it's all about money. It's all about money.
- 19:47If you have they can find you convict. They can convict you of
- 19:52something you can thedn't do, and you serve all this time all because is
- 20:00you don't have the money to to pay a high price lawyer to get you
- 20:07out of something that that you didn't even you wasn't even involved in. And
- 20:15then it's crazy, how has to fight for you know that's convicted and had
- 20:25to fight to come out. Yeah, that's I apologize. I got so
- 20:37much that they calling me back and everything and uh, yeah that's what's going
- 20:47on. I do apologize to the viewers as well because they're calling me back
- 20:57one okay, So we were just talking about what needs to be done,
- 21:10what can'p what needs to be done? Me and and Rod we were just
- 21:15talking about that. Well, Rod, I guess they having some issues with
- 21:30the phones lining over there. I can hear you. I can hear you.
- 21:36Go ahead, go ahead, I can hear you. Yours is real
- 21:42low camp, but I can hear wine. Go ahead, wink, No,
- 21:53you gotta talk louder. Hm I came here. H m hm mm
- 22:15hmm. Well Channette dropped off. I don't know what's going on with her
- 22:22device, but she's back. I am so sorry. Yes, I'm having
- 22:33a little problem, a little technical over here on this side. Yeah,
- 22:40okay, go ahead. The question was what needs what can what needs to
- 22:45be done now? Since all since we know this is going on with his
- 22:49case, Well, you know, the thing that you're doing, you know,
- 22:56is is uh, it's it's a great game, you know, and
- 23:00trying to get you know, involvement you know, from from the puppet.
- 23:04One is is you know, found h several different you know, priests and
- 23:10whatever in the courts. And this is one thing that the court you know,
- 23:15fails to acknowledge, is that there was no underlying prese of offense.
- 23:19You know, it's plain, you know, and simple that just give the
- 23:23elements means nothing. If you don't prove beyond the reasonable doubts you know that
- 23:30underlying credic confens happened. And if you don't difference your reverted forms to make
- 23:36a determination as to you know, uh, to make a determination of field
- 23:42to innocence, you know about uh about it, then you know, uh,
- 23:48there's really there really was no charge. Yeah uh so uh And in
- 24:00my opinion, that's that's what the whole problem is. You know, if
- 24:03we can't if we can't get outside help, so to speak, you know,
- 24:07in terms of the direction that we need to go in, you know
- 24:11next, then you know there's not a whole line you know that we can
- 24:15do. And so you know this, We've researched it through and through.
- 24:19And the fellow murder statute doesn't say that you can find a guy guilty and
- 24:30take his life by an inference of guilt. The fellow murder's stature says that
- 24:37you have to prove the underlying predical events two b our fellowly murder against someone
- 24:45full for it. Yeah right, So that's what's not that's that's what the
- 24:48court is not not acknowledging that This wasn't done here, right, because he
- 24:55was never charged with that predicative offense, just like we went over cases the
- 25:03Armen case, the Armor case, in the Double Day case where they was
- 25:08charged with a predicative offense, but it was also set aside. Can't uh,
- 25:22it was set aside. It was set aside because uh, they didn't
- 25:26prove beyond a reasonable doubt, uh to majury that they committed that predicate offense.
- 25:37But they didn't charge it in those cases and Double Day versus people,
- 25:41you know, and all versus people they did. They didn't charge them with
- 25:47those predicate offenses and the juries, and they did not prove the elements of
- 25:52those offenses to the jury. In Lawren's case, they didn't charge those elements.
- 25:59They charge him with robbery or any other underlying predicate offense listed in the
- 26:04tell murder statue. And so without them charging him, then there's no way
- 26:11that you can convict them tell the murder b efforts. It has to be
- 26:15proved beyond no doubt. But how did you know? Once again, it
- 26:21the question is gonna remain, how did they get a conviction without the underlying
- 26:27predicate offense? And you know, until we get intel a lawyer, as
- 26:34Brod say, get some balls and want to fight the the system. Then
- 26:42we're gonna constantly see black men and black women, brown men and brown women,
- 26:49and a sent going in and out the system behind this, you know.
- 26:55Really, to me, it's like a money thing. That's if you
- 26:59if you got the money, you you can get off. If you don't
- 27:03got it, well we're just gonna throw out, gonna give you life without
- 27:07the possibility, and you're just gonna have to fight to get out. You
- 27:12It's it's too much. We heard from one junior tonight how the effect of
- 27:22his father being incarcerated on a room for conviction, how that, how that,
- 27:33how that helped, how that went against him his life, you know,
- 27:40effected his life. Sorry about that. I just got so much going
- 27:42on. But we have to stand up people, We we have we have
- 27:49we have to pay, we have to stand up. We have to stand
- 27:55up. If we don't stand up and we don't speak up, it's gonna
- 27:57continuously happen. Yeah, you know, it's going to continuously have And what
- 28:04we're going to do, what are we going to do? We can all
- 28:11we can really try to do is stay in the fight, you know,
- 28:14a man, you know, an innocent man you know, should never stop
- 28:18fighting, you know, no matter what, you know, to try to
- 28:21regain his freedom. And that's I have to commend one for that, because
- 28:26he's never gave up to fight. You know. It's just you know,
- 28:30trying to get someone to hear you, trying to get you know, someone
- 28:34to sit and you know he's got given him a direction and go in,
- 28:40you know, I mean it, it's one of the things that's staying out
- 28:45a half bay, you know, it's probably and so you know, you
- 28:49know, h the board is not much over here in a pro se litigant.
- 28:56You know, someone's trying to fight for himself and this kind of situation
- 29:00and it's sad, but it's true. You know, that's what we face
- 29:04when we followed you know, uh and and the and the and the uh
- 29:08anything in the in the current judicial system. And so the only thing we
- 29:14can do is to keep trying, you know, and at some point,
- 29:17you know, they say, nothing is au filure but to try. But
- 29:19at some point, things you know will uh change and and and that point,
- 29:26I don't know. I just believe that there's a measure of time on
- 29:29all things. And as long as you keep you know, scribing to you
- 29:33know, to keep the truth out there, things will change. But I
- 29:40mean, you know, it's like you can only do so much. Uh
- 29:48huh, you can only do so much. But if your other line is
- 29:53ringing their uh one is is trying to you know, get back on the
- 29:57line. I don't know what's going on on this and I would need him
- 30:03probably to jump on the phone that you have really Okay, okay, all
- 30:11right, Rod, Did you have anything to add? Yeah? Well,
- 30:18my main thing is very confusion. Where you can show the law, the
- 30:22law says it all, and they're not taking that under consideration. I see
- 30:27this all the time. One ain't the only one going through this bullshit.
- 30:33And it seemed like we as minorities, just don't have no one that'll fight
- 30:37for us. And that's our biggest problem. No one takes our cases serious,
- 30:44not unless you have money. If you have money, one wouldn't even
- 30:48be in there. It'd have been out a long time ago. But when
- 30:52you don't have that money to fight, it's like nobody even takes you serious.
- 30:56They could care less what you're trying to fight for. Yes, Win,
- 31:03Do you have anything to say before I'll give my clothing remarks all right
- 31:12here? Hello, do you have anything to say before I give my clothing
- 31:29remarks. It's a question, it's a statement of right now, it's just
- 31:34another form of slavery. Brib Would you like to say anything on that?
- 31:40One? Well, what she just said is very true, nothing changing four
- 31:45hundred years. It's the same. They just got a different way of showing
- 31:51it. Jail is a slavery. You get paid twenty five dollars in a
- 31:56two months, you know it's slavery. They just got a different way they're
- 32:00doing it. And we don't have no one to fight for us. They
- 32:04know that that been going over for four hundred years and probably do another four
- 32:07hundred years if we don't stand up and fight for each other. So far,
- 32:10if a person not in Wan's position, no one cares. They don't
- 32:15listen to your fight, They don't listen to your paperwork. The law can
- 32:20say one thing, and they don't even go by what the law says.
- 32:23Not when you're a minority, and that's what's unfair. One, Do you
- 32:30have anything to say? I mean, I just want to say that.
- 32:35I mean, with all the things that's been going on with my chase.
- 32:39The things that I've learned over studying and we do my research is that I've
- 32:45come with the law to the courts. I've come with my petitions to the
- 32:49court to ask them to right this wrong. And they keep telling me and
- 32:53because I'm pro safe me and I have to do it myself, because they've
- 32:58denied me ready legal representation, but they treat me as a mama professional attorney
- 33:05and telling me that I should have brought up these claims in the very beginning.
- 33:10But I'm saying that how can I bring it up? And for one,
- 33:14I don't have you don't want to give me the transcripts at the time
- 33:16when I need them. Are you telling me I'm procedurally barred or successive me
- 33:21and that you don't answer none of my questions or none of my issues.
- 33:25But yet you would tell me that I'm time barred? Are its successive because
- 33:32it wasn't brought up in my direct appeal when I had a public defender appeals
- 33:38public defender at the time, and she did not bring up none of these
- 33:42issues. And so now they may get me to run around all this time
- 33:45for the last almost ten years, and still it still refused to give me
- 33:54any type of relief. Mm hmm. Well, they're gonna hear you one
- 34:05sooner or later. I just had one question. I meant to ask you
- 34:10this a little earlier when I had one junior on here. Well it's uh
- 34:17a a and b okay. The first part of it is how did you
- 34:24feel when you learned that one was incarcerated? And second, the second part
- 34:35is how did you feel seeing him there? Uh? Okay, that's a
- 34:45good question. The first the first one, it hurted. It hurted me
- 34:50because I feel like I felt failed because for one, I wasn't there to
- 34:55raise it. You could have been there, U this would have happened,
- 35:00you know, because he followed my first step. Like I said, I
- 35:04was a truck driver and also on my own barbecue stand, and that's what
- 35:09he would have been a part of. But by me not being there and
- 35:14being wrongfully accused and wrongfully convicted, it took me out of the house or
- 35:22out of the home raising him. And so by that, by that going
- 35:28on knowing that he has to defend for his self now, it caused him
- 35:32to go out to the streets and hustle and do whatever he had to do
- 35:37to make make against me. He was a juvenile, so I mean just
- 35:43knowing, like when I was there, he didn't need for anything because I
- 35:46provided that. But when they took me out the home, it left for
- 35:50me to defend up defend for them because as I was growing up, I
- 35:53didn't have a father either, so I was out in the streets. So
- 35:58I know exactly what he was going through just to have what he wants and
- 36:01his mother not being able to provide it for him at that moment in time,
- 36:07just because it was it was rough, not having enough that caused him
- 36:13to go out to the streets. So this is the letter. And just
- 36:19seeing him when he comes through here, I mean right here, sitting next
- 36:22to me in the same time with me right now, it has an effect.
- 36:27It hurts, you know, just to have my son here because we're
- 36:31not supposed to be here. But with the system, this is what they
- 36:37do to us as African Americans, and it goes on all over a repeated
- 36:43cycle. Right well, thank you, Thank you one Junior A. Sayer
- 36:52and Glenn and Rob for joining me this evening on let's talk about it.
- 37:00Thank you for joining me for another episode as well. Join I will be
- 37:07back here for a bonus show. Next Monday, I will have in studio,
- 37:15will be the Queen of collaboration of the podcast, the visionary Miss Angela
- 37:24Thompson will be join me joining me. Also Cornell will be joining me.
- 37:30We will be talking about the Free Texas campaign, what's going over there,
- 37:36what's going on over there in the Texas prison system, and how they treating
- 37:42the man's over there. So you can catch me on the first and third
- 37:47Mondays of every month, but next Monday, at the same time, I
- 37:57will be having a bonus So thank you guys very much for joining me here.
- 38:02It's been a crazy love forty five minutes, but I enjoyed my time
- 38:09talking to these man's and getting the message out. Remember to always use your
- 38:15voice to speak up and speak out, even if your voice is shaky.
- 38:22Good night and enjoy your week. Thank you guys. Let's talk about it
- 38:29with your hope. Shenet Johnson. Join me every first and third Monday of
- 38:32the month at eight pm Easter Standard and let's talk about it. So you