Latest / The Knife: A True Crime Podcast / The Wrongful Conviction
Transcript
- 0:00Speaker 1: This story contains adult content and language. Listener discretion is advised.
- 0:06Speaker 2: I remember thinking about what it would feel like to die,
- 0:12Speaker 2: and I remember wondering how much it will hurt.
- 0:30Speaker 1: Welcome to the Knife. I'm Hannah Smith. I'm patia Eton.
- 0:34Speaker 1: This week we speak with Jennifer Thompson. Jennifer is the
- 0:37Speaker 1: founder of Healing Justice Project, an organization that addresses the
- 0:41Speaker 1: harm caused by wrongful convictions.
- 0:43Speaker 3: Jennifer's life changed forever when, at twenty two years old,
- 0:47Speaker 3: she became the victim of a violent crime. But a
- 0:50Speaker 3: decade later, what happened to Jennifer would make headlines for
- 0:53Speaker 3: a reason so unexpected. It changed the course of her
- 0:57Speaker 3: life forever. Now, over thirty years later, she joins us
- 1:00Speaker 3: to reflect on what happened and how everything went so wrong.
- 1:04Speaker 3: Our conversation with Jennifer took place on February twenty first,
- 1:08Speaker 3: twenty twenty five. Let's get into the interview. Hi, Jennifer,
- 1:15Speaker 3: thank you so much for joining us on the podcast.
- 1:18Speaker 2: Thank you for having me.
- 1:19Speaker 3: We've been really excited about this interview, so let's just
- 1:22Speaker 3: jump right into it. Why don't you give the audience
- 1:26Speaker 3: a short intro into who you are?
- 1:28Speaker 2: Well, I am a wife, I am a mother of triplets.
- 1:32Speaker 2: I'm the grandmother to five amazing grandchildren. I'm the co
- 1:37Speaker 2: author to the book Picking Cotton, our memoir of injustice
- 1:41Speaker 2: and Redemption. The founder of Healing Justice Project, which is
- 1:45Speaker 2: a national organization dedicated to helping all of those who
- 1:49Speaker 2: have been impacted by wrongful convictions kind of navigate the
- 1:53Speaker 2: healing space. Born and raised in North Carolina, and I
- 1:56Speaker 2: was born in nineteen sixty two, So I grew up
- 1:59Speaker 2: in really the segregated south half of our town was
- 2:03Speaker 2: you know, wealthy and white, and the other half the town,
- 2:06Speaker 2: literally across the train tracks were poor and black. Winston
- 2:11Speaker 2: Salem is a town where RG Rental Tobacco Company was founded,
- 2:15Speaker 2: Haines's Hosiery was founded. So it's like enormous wealth but
- 2:20Speaker 2: also enormous poverty. And that was where I was raised,
- 2:25Speaker 2: is where I was born, It's how I grew up.
- 2:28Speaker 2: I often tell people that you don't really notice things
- 2:31Speaker 2: that are wrong until you're removed from it. So the
- 2:35Speaker 2: waters that I was swimming in as a child were segregation.
- 2:40Speaker 2: I grew up in a white, relatively privileged home. So
- 2:47Speaker 2: many of us, particularly people that are white we grow
- 2:50Speaker 2: up and were given certain things, almost as a birthright.
- 2:54Speaker 2: You know that the criminal justice system works, and it's effective.
- 3:00Speaker 2: It's fair, and it's equal, and it's impartial, and it's balanced.
- 3:03Speaker 2: And that was certainly the way I was brought up.
- 3:05Speaker 2: I was brought up to believe that we had the
- 3:08Speaker 2: greatest criminal justice system in the world, that if you
- 3:11Speaker 2: ended up in an orange jumpsuit behind a defense table,
- 3:14Speaker 2: you were absolutely guilty of a crime. You're a criminal.
- 3:17Speaker 2: You deserve whatever punishment the system met it out to you.
- 3:20Speaker 2: And if you sat at the prosecutor's side of the table,
- 3:23Speaker 2: you were a victim. And it was clear and it
- 3:25Speaker 2: was clean. Within my family structure, I knew from a
- 3:29Speaker 2: very young age that I didn't belong. I ended up
- 3:34Speaker 2: at Elon College in nineteen eighty three. I felt like
- 3:38Speaker 2: I had found my footing, maybe for the first time
- 3:42Speaker 2: really ever. And I was also dating what would have
- 3:45Speaker 2: been a very respectable young man. In my family's eyes.
- 3:50Speaker 2: That was important, right, women were to marry a respectable man,
- 3:55Speaker 2: and he checked all the boxes. And so in nineteen
- 3:58Speaker 2: eighty three, I was in a really great place in
- 4:01Speaker 2: my life. I had everything that I had hoped I
- 4:04Speaker 2: would have. My goals were to finish college and then
- 4:08Speaker 2: to go on and get a master's and become a
- 4:11Speaker 2: physical therapist. July of nineteen eighty four, July twenty eighth
- 4:16Speaker 2: was a very hot day. I mean July in the South,
- 4:18Speaker 2: the humidity is unfathomable. So my boyfriend and I our
- 4:22Speaker 2: plan was to go play tennis. And I was a
- 4:24Speaker 2: tennis player. I played on the tennis team in high school.
- 4:27Speaker 2: I played a year at Elon College on tennis at
- 4:30Speaker 2: the tennis team. And his family was a member of
- 4:34Speaker 2: the Burlington Country Club. So we were to go play tennis,
- 4:38Speaker 2: and we did, and the rest of the day was
- 4:41Speaker 2: kind of, you know, a typical twenty two year old
- 4:44Speaker 2: college student day. He took me back home later that
- 4:47Speaker 2: afternoon to my apartment, and he was going to go
- 4:51Speaker 2: home and take a shower, and then we were going
- 4:53Speaker 2: to meet up for dinner and then go to a
- 4:55Speaker 2: summer party at one of his friend's houses. So he
- 4:59Speaker 2: picked me up probably around six o'clock and took me to.
- 5:03Speaker 4: A Chinese food buffet because I had a very hot
- 5:09Speaker 4: metabolism in those days, and I ate just really unbelievable
- 5:13Speaker 4: amounts of food at any given sitting and so nobody
- 5:17Speaker 4: in the right mind would have ever taken me to
- 5:19Speaker 4: an a la carte restaurant.
- 5:21Speaker 2: He always took me to a buffet because it was,
- 5:23Speaker 2: you know, for two ninety nine or three ninety nine,
- 5:25Speaker 2: I could eat as much as I wanted to eat,
- 5:27Speaker 2: which I did. I sat down and began to consume
- 5:30Speaker 2: just vast amounts of sodium laced products. But because I've
- 5:34Speaker 2: been dehydrated earlier in the day, it hit really hard
- 5:38Speaker 2: and I came down with a massive headache, just massive,
- 5:43Speaker 2: and I told him that there was just no way
- 5:44Speaker 2: I could go to this party, that I was sick
- 5:46Speaker 2: and I needed to go home. He took me back
- 5:49Speaker 2: to my apartment, probably around eight o'clock, give me some water,
- 5:54Speaker 2: brought me some aspirin, and my last memories that night
- 5:58Speaker 2: were him standing near me kind of rubbing my back,
- 6:01Speaker 2: just to make sure that I wasn't going to be
- 6:03Speaker 2: violently sick, and that was my last memory of him
- 6:07Speaker 2: that night. The police reports the following day would show
- 6:13Speaker 2: that he left some time between nine and nine thirty pm,
- 6:17Speaker 2: but I had gone to sleep, and so I did
- 6:19Speaker 2: not hear him leave, didn't hear anything at all. I
- 6:22Speaker 2: lived in an old complex, and none of these apartments
- 6:28Speaker 2: had central air. They all had those window boxes for
- 6:31Speaker 2: air conditioning. The window unit in my bedroom was at
- 6:35Speaker 2: my headboard, so when it would come on at night
- 6:37Speaker 2: like you could not hear anything. Therefore, I did not
- 6:40Speaker 2: hear him leave. But I also didn't hear leice sirens
- 6:44Speaker 2: that were all throughout my apartment complex at midnight. They
- 6:47Speaker 2: were searching for a man who had attempted to break
- 6:51Speaker 2: into my neighbor's apartment across the parking lot. He had
- 6:57Speaker 2: broken the kitchen door window. She fortunately happened to be
- 7:01Speaker 2: awake at the time watching television, and when she heard
- 7:05Speaker 2: the glass break, she looked into the kitchen and saw
- 7:07Speaker 2: a hand reaching trying to unlock her door, and she
- 7:12Speaker 2: called the police. He heard her call the police, and
- 7:15Speaker 2: she told the police officers that he had on a
- 7:17Speaker 2: white knit glove and a dark blue shirt with three
- 7:21Speaker 2: white stripes on his biceps. But he took off running
- 7:25Speaker 2: before they could get him. And so I didn't hear
- 7:28Speaker 2: anything at all until around three o'clock in the morning,
- 7:32Speaker 2: when I heard something like feet shuffling on my carpet
- 7:37Speaker 2: in my bedroom. Now I lived alone, so hearing movement
- 7:42Speaker 2: in your bedroom is alarming. But you know, when you're
- 7:46Speaker 2: in that space of awake but not really awake, you
- 7:50Speaker 2: think you might have heard something, but you're not positive
- 7:53Speaker 2: you heard it. Do you go back to sleep or
- 7:55Speaker 2: do you wake up and try to identify a noise
- 7:58Speaker 2: right which is really frightening, particular for women that are
- 8:01Speaker 2: living alone. And so when I opened my eyes, I
- 8:05Speaker 2: looked to the left side of my mattress and saw
- 8:08Speaker 2: the top of someone's head and I could see him moving.
- 8:12Speaker 2: And my first thought and my first impulse, was to
- 8:16Speaker 2: believe that this was probably my boyfriend, that he had
- 8:19Speaker 2: fallen asleep on my floor. He was trying not to
- 8:22Speaker 2: wake me as he was leaving to go home. I
- 8:24Speaker 2: didn't know what time it was at that point, but
- 8:26Speaker 2: when I thought about it, I realized that it could
- 8:29Speaker 2: not be my boyfriend. He didn't stay the night with me.
- 8:31Speaker 2: He never did because his mother lived about a mile
- 8:34Speaker 2: and a half two miles from where my apartment was,
- 8:37Speaker 2: and she was very, very intentional about where he was
- 8:41Speaker 2: at all times. So I knew that it wasn't my boyfriend.
- 8:44Speaker 2: And that's when I said, who is that? Who's there?
- 8:47Speaker 3: We're going to take a quick break. We'll be right back.
- 8:57Speaker 2: Very quickly. A man jumped up up on my bed.
- 9:01Speaker 2: I screamed, and he straddled my body with his legs
- 9:05Speaker 2: and put a knife to my left side of my
- 9:07Speaker 2: throat and covered my mouth with a glove and told
- 9:09Speaker 2: me to shut up or he would kill me.
- 9:11Speaker 3: So terrifying.
- 9:12Speaker 2: Yeah, it is terrifying. And I think it's important for
- 9:16Speaker 2: people to understand what happens with trauma and memory, because
- 9:20Speaker 2: I think human beings just instinctively think that they would
- 9:24Speaker 2: never make certain mistakes right. Human beings instinctively will say
- 9:28Speaker 2: I would never falsely confess. But if you've never been
- 9:30Speaker 2: in a position of being threatened and coerced and tortured,
- 9:34Speaker 2: you actually don't know what you would do. The same
- 9:37Speaker 2: applies for the ability to kind of make an eyewitness identification.
- 9:42Speaker 2: Everybody thinks that you know, well, I know what I saw,
- 9:45Speaker 2: but you don't know what you would do if you're
- 9:47Speaker 2: wondering if you're going to be murdered. It's about twenty
- 9:50Speaker 2: minutes total throughout the whole entire event.
- 9:54Speaker 3: What was going through your mind? Was it just I
- 9:56Speaker 3: got to survive this?
- 9:58Speaker 2: You know? There's a couple of things that went in
- 10:00Speaker 2: my mind. I mean, the initial thing obviously that was
- 10:03Speaker 2: in my mind was I'm in a lot of danger.
- 10:05Speaker 2: He's nineteen eighty four. There's no cell phones, there was
- 10:08Speaker 2: no house alarms. I didn't own a gun. He's on
- 10:12Speaker 2: top of me. I can smell alcohol. I knew he'd
- 10:16Speaker 2: probably been using drugs. There's a knife. I'm small, He's
- 10:20Speaker 2: probably done this before. So for me, the first thing
- 10:24Speaker 2: that went through my mind was do not physically fight,
- 10:27Speaker 2: because You're going to die. And I remember thinking about
- 10:33Speaker 2: what it would feel like to die, and I remember
- 10:39Speaker 2: wondering how much it will hurt, and is it going
- 10:43Speaker 2: to be a quick death or will it be a
- 10:45Speaker 2: slow death? And will it take a long time before
- 10:47Speaker 2: I die? And then you think about the people that
- 10:50Speaker 2: you love and what their experience is going to be
- 10:53Speaker 2: like to have to come and look at your body
- 10:55Speaker 2: and identify it. Those are the things initially that went
- 11:00Speaker 2: through my body. But then I hate bullies, and I've
- 11:05Speaker 2: never backed down from a bully, and I remember kind
- 11:08Speaker 2: of like pivoting and thinking, there's a chance I'm going
- 11:12Speaker 2: to die, but it won't be on my back. If
- 11:16Speaker 2: there is a way to survive it I'm going to
- 11:18Speaker 2: figure it out. And so that's when I began to
- 11:21Speaker 2: like really calculate and think. And so I remember thinking
- 11:26Speaker 2: to myself, like, Jennifer, you're smart. You've not been drinking,
- 11:29Speaker 2: You've you've not been using drugs. You know, you're a
- 11:33Speaker 2: straight A student. You've got a good memory. So for me,
- 11:38Speaker 2: staying alive was equated to pay attention to this person.
- 11:43Speaker 2: Figure out what he looks like, Listen to everything he says.
- 11:47Speaker 2: Try to pick up on a lisp or some type
- 11:51Speaker 2: of a speech that you know is just different. I
- 11:54Speaker 2: remember thinking, look for things he can't change later. Look
- 11:59Speaker 2: for scars to have twos or you know, missing teeth.
- 12:02Speaker 2: There's something that he couldn't change later on. And those
- 12:05Speaker 2: were the things that initially I started paying attention to.
- 12:08Speaker 2: It was at the point when he tried to kiss
- 12:11Speaker 2: me that I was gonna vomit and I didn't want
- 12:15Speaker 2: to throw up and choke on it because I was
- 12:17Speaker 2: on my back, so I turned my head and that
- 12:23Speaker 2: would actually end up saving my life that night when
- 12:25Speaker 2: he said, relax, I'm not gonna hurt you. And I
- 12:29Speaker 2: don't know why I said it, but I said, I can't.
- 12:32Speaker 2: I'm afraid of knives. I have a phobia, an actual
- 12:35Speaker 2: phobia of knives. And if you'll just get off of
- 12:38Speaker 2: me and take the knife to the front door and
- 12:39Speaker 2: walk down the steps and drop it on my car,
- 12:42Speaker 2: I'll let you come back in. And for whatever reason,
- 12:46Speaker 2: the power dynamics just shifted right there, so I was
- 12:51Speaker 2: able to get him off of me. I was able
- 12:52Speaker 2: to grab a blanket off the edge of my bed
- 12:54Speaker 2: wrap it around myself because I knew that the police
- 12:57Speaker 2: were going to ask me certain questions. They were going
- 12:59Speaker 2: to me how tall he was and how much did
- 13:01Speaker 2: he weigh, And so I had to figure out how
- 13:03Speaker 2: tall he was by me being close enough to him
- 13:06Speaker 2: to figure out the difference between a five foot one
- 13:08Speaker 2: person and him, And so I was able to kind
- 13:11Speaker 2: of figure that out. And I was able to look
- 13:13Speaker 2: at his clothing because I knew that, again, the police
- 13:16Speaker 2: were going to ask me those questions. He had on
- 13:19Speaker 2: dark blue canvas shoes that slipped on your feet. There
- 13:23Speaker 2: were no shoelaces. He had on khaki colored army fatigue pants.
- 13:27Speaker 2: He had on a dark blue shirt with three white
- 13:29Speaker 2: stripes on the biceps, and he had white gloves on
- 13:32Speaker 2: his hands. He was African American. He was in his
- 13:35Speaker 2: early twenties. He had short clothes, cropped hair, he had
- 13:38Speaker 2: a pencil thin mustache. Like every single thing that I
- 13:41Speaker 2: could remember that night meant I was going to live.
- 13:45Speaker 2: And over the next few minutes, he pretended to drop
- 13:49Speaker 2: the knife out of the front door. He came back
- 13:51Speaker 2: in and grabbed me and tried to pull me back
- 13:53Speaker 2: into the bedroom, and I told him I had to
- 13:55Speaker 2: go to the bathroom first, because my plan was for
- 13:58Speaker 2: him to go to the car and I was going
- 13:59Speaker 2: to lock the door and then call the police. But
- 14:02Speaker 2: he had already cut my phone lines earlier, and so
- 14:06Speaker 2: when that planned didn't work, I said, I have to
- 14:08Speaker 2: go to the bathroom. And I had to rethink, like
- 14:10Speaker 2: what's my next plan. I thought maybe I could crawl
- 14:14Speaker 2: out of the bathroom window, but it was small, and
- 14:17Speaker 2: it was a drop all the way down to the basement,
- 14:19Speaker 2: which is where the laundry room was. If I dropped,
- 14:22Speaker 2: i'd probably break my legs. And then I remembered him
- 14:25Speaker 2: saying he had come through the back door where the
- 14:28Speaker 2: kitchen was, and I needed to get to that back
- 14:31Speaker 2: door because his way in was going to be my
- 14:35Speaker 2: way out, and I told him I needed a drink
- 14:37Speaker 2: of water, and he told me to make him a drink,
- 14:40Speaker 2: and we were going to have a party. So I
- 14:43Speaker 2: told him I'd make him a drink. And as I
- 14:45Speaker 2: walked past him, he was bending down to my stereo,
- 14:48Speaker 2: turning it on, trying to find ninety eight points seven
- 14:52Speaker 2: Kiss FM because he thought we were going to have
- 14:54Speaker 2: a party. But again, as I walked by him, the
- 14:57Speaker 2: light coming off of the stereo illuminated his profile. While
- 15:00Speaker 2: and again it was just another image that I could
- 15:03Speaker 2: kind of glean as I went into the kitchen, and
- 15:07Speaker 2: so I started making noise with water running and ice
- 15:10Speaker 2: cubes hitting the sink and cabinet door shutting as I
- 15:15Speaker 2: started opening up the back door, and I just pulled
- 15:18Speaker 2: my blanket tight and I ran.
- 15:22Speaker 3: On July twenty eighth, nineteen eighty four, a strange man
- 15:26Speaker 3: broke into Jennifer's home while she was asleep. He attacked
- 15:29Speaker 3: and raped her. Jennifer managed to escape, running out of
- 15:34Speaker 3: the back door of her home with a blanket wrapped
- 15:36Speaker 3: around her.
- 15:37Speaker 2: It's about three point thirty in the morning, and it's
- 15:40Speaker 2: pitch black, but it's also raining now, and so it
- 15:44Speaker 2: was slippery. I thought I could go next door to
- 15:46Speaker 2: my neighbor and he would save me. As I was
- 15:49Speaker 2: banging on the door, not realizing he was gone, the
- 15:53Speaker 2: attacker came through my back door, coming after me, and
- 15:57Speaker 2: I knew I'd made him angry. So I did the
- 16:00Speaker 2: only thing that to me that made any sense, which
- 16:03Speaker 2: was to run towards light. And I found a carport
- 16:06Speaker 2: light on in someone's house that I just ran towards.
- 16:08Speaker 2: I didn't know who lived there, but as I was
- 16:10Speaker 2: banging on the back door screaming that I've been raped into,
- 16:14Speaker 2: please please let me in, the neighbors were home. It
- 16:18Speaker 2: happened to be a professor on campus who recognized me,
- 16:22Speaker 2: and she told her husband to let me in, and
- 16:24Speaker 2: they did, and I fainted and they called the police,
- 16:27Speaker 2: and the next thing I knew, you know, I was
- 16:30Speaker 2: being taken to the hospital for a rape kit.
- 16:34Speaker 3: Wow, thank you for walking us through that. It's such
- 16:36Speaker 3: a harrowing story that you lived through, and it strikes
- 16:40Speaker 3: me just how you were taking meticulous mental notes about everything,
- 16:45Speaker 3: fearing for your life and also at the same time
- 16:47Speaker 3: having a plan what am I going to do once
- 16:50Speaker 3: I get away? It's not like, Okay, the story's over,
- 16:53Speaker 3: You're fine. Obviously, this is the beginning of a huge,
- 16:56Speaker 3: years long situation for you that will involve law enforcement,
- 17:01Speaker 3: the legal system. There's so many people that experience sexual
- 17:05Speaker 3: assaults and are hesitant to make reports, as you know,
- 17:09Speaker 3: because of the situation that you're put into where you're
- 17:12Speaker 3: having to retell your story. Can you talk to us
- 17:14Speaker 3: a little bit about that first experience of having to
- 17:17Speaker 3: tell your story to law enforcement and how was that
- 17:19Speaker 3: for you.
- 17:20Speaker 2: It's really complicated, and it's incredibly traumatic. I mean, you've
- 17:25Speaker 2: just survived this trauma. Your body's traumatized, your brain's traumatized.
- 17:30Speaker 2: You're going into the hospital to have evidence collected on
- 17:35Speaker 2: your body and in your body. Right, it's like my
- 17:38Speaker 2: body was the crime scene and that's where the evidence is.
- 17:43Speaker 2: And depending on where you go depends on how you're
- 17:47Speaker 2: going to be treated as an assault survivor. This is
- 17:50Speaker 2: nineteen eighty four. There were no such things as sane nurses,
- 17:54Speaker 2: and so the doctor who came in to collect the identification,
- 18:00Speaker 2: the pubic care comings, the cheek swab, your vaginal swab,
- 18:03Speaker 2: your nail clippings, like all the stuff that he's supposed
- 18:06Speaker 2: to do was clearly annoyed and did not want to
- 18:10Speaker 2: be in a hospital collecting evidence off of another rape survivor,
- 18:13Speaker 2: particularly a college girl, and so he haphazardly did that.
- 18:18Speaker 2: But that would also be the location where I knew
- 18:21Speaker 2: and realized that the person who had raped me had
- 18:24Speaker 2: gone on within less than an hour and raped another
- 18:27Speaker 2: woman less than a mile from my home, and when
- 18:29Speaker 2: he had crawled through her den window when she was
- 18:31Speaker 2: sleeping and bit her and slapped her and punched her
- 18:34Speaker 2: and then raped her because I could hear her down
- 18:36Speaker 2: the hall crying. It was also at that moment right
- 18:39Speaker 2: where I really realized that we had a serial rapist
- 18:43Speaker 2: in the community, that women were not safe, and my
- 18:49Speaker 2: hatred was palatable. I could literally taste it in the
- 18:53Speaker 2: back of my throat, how much I hated this person
- 18:57Speaker 2: and wanted him to die for what he had done
- 18:59Speaker 2: to me this other woman, knowing that he was going
- 19:02Speaker 2: to do it again. And so from there I was
- 19:05Speaker 2: taken to the police station and began to give descriptions
- 19:10Speaker 2: of what this person looked like. And as I was
- 19:13Speaker 2: given the description, the detective got a phone call from
- 19:16Speaker 2: I'm not sure who, and then he looked at me
- 19:19Speaker 2: and he said at the hospital. Did they give you
- 19:21Speaker 2: a penicillin shot? And I said no. Did they give
- 19:25Speaker 2: you the morning after pill? And I said no? And
- 19:29Speaker 2: so we realized that they had done an incomplete rape kit.
- 19:33Speaker 2: So I was taken back out to a second hospital
- 19:37Speaker 2: to have a second rape kit collected. You just can't imagine,
- 19:40Speaker 2: like the amount of trauma on my body is now story.
- 19:44Speaker 2: And so after the second rape kit again, I go
- 19:46Speaker 2: back to the police station. It's now been three or
- 19:49Speaker 2: four hours since I almost died, and now I'm being asked,
- 19:53Speaker 2: you know, the questions like how tall was he, how
- 19:56Speaker 2: much did he weigh? What was his hair? And it
- 19:59Speaker 2: was so clear to the police that I had paid
- 20:02Speaker 2: very good attention. They asked if I could do a
- 20:04Speaker 2: composite sketch. The second woman had been beaten and so
- 20:08Speaker 2: she couldn't give us clearer description. So I felt like
- 20:12Speaker 2: a lot of weight and pressure on me to help
- 20:15Speaker 2: the police figure out who this person was. And at
- 20:17Speaker 2: the time, they used something called an identikit, which was
- 20:21Speaker 2: just a big plastic file box that had tabs of
- 20:25Speaker 2: every part of your face, and so the police would
- 20:29Speaker 2: pick up a drawing of the shape of a person's
- 20:32Speaker 2: face and is it this space? And I was like, no,
- 20:34Speaker 2: it's more triangular. And then you'd pick up the second part,
- 20:38Speaker 2: is it more like this face? And same for your
- 20:40Speaker 2: eyebrows and your eyes, and your eyelashes, and your lips,
- 20:43Speaker 2: and your nose and your chin and your cheeks and
- 20:44Speaker 2: your ears and everything that makes up her face. So
- 20:46Speaker 2: you go through these old tabs, and when he was finished,
- 20:49Speaker 2: she said, is this like the man who raped you?
- 20:51Speaker 2: And I said yes, And so that composite sketch went
- 20:54Speaker 2: in the newspaper and the police station started receiving just
- 20:59Speaker 2: a numerous phone but the most important call A woman
- 21:03Speaker 2: called in and said that she had seen a guy
- 21:06Speaker 2: named Ronald Cotton wearing the exact clothing that had been
- 21:09Speaker 2: described outside of my apartment on a bike at three
- 21:13Speaker 2: am on July twenty ninth, same exact time that I
- 21:16Speaker 2: had been raped. So three days after my assault, I
- 21:20Speaker 2: was called into the police station to do a photographic
- 21:22Speaker 2: lineup and they would show me what they referred to
- 21:25Speaker 2: as a six pack, which is three photos on top,
- 21:28Speaker 2: three photos in the bottom, and asked me to take
- 21:31Speaker 2: my time. I don't feel compelled, but if you see him,
- 21:34Speaker 2: pick up the photograph and initial the back and I did.
- 21:37Speaker 2: I took my time, but I picked up photograph number
- 21:40Speaker 2: three and initial the back and they looked at me
- 21:42Speaker 2: and they said, that's who we thought it was.
- 21:44Speaker 3: Oh wow, the photograph belonged to Ronald Cotton. So you
- 21:48Speaker 3: basically were showing six photographs right picked someone out and
- 21:52Speaker 3: then got a media encouragement from law enforcement. They said, well, yeah,
- 21:56Speaker 3: that's the guy we thought it was.
- 21:58Speaker 1: When they said that's the guy we thought it was,
- 22:01Speaker 1: how did you feel.
- 22:02Speaker 2: In that moment when they said that's who we thought
- 22:05Speaker 2: it was. Honestly, it was the first time I could
- 22:07Speaker 2: take a deep breath since the time of the assault.
- 22:10Speaker 2: Is called confirmation. I felt like I had done it right.
- 22:12Speaker 2: I felt like I had been a good survivor. I
- 22:16Speaker 2: felt like I'd been helpful. I felt like the women
- 22:19Speaker 2: in Burlington, North Carolina would be safe again. It was
- 22:22Speaker 2: a huge moment for me. And then about five or
- 22:25Speaker 2: six days after the photographic lineup, I was called again
- 22:30Speaker 2: to come back to the police station. They wanted me
- 22:33Speaker 2: to do a physical lineup, and what I didn't know
- 22:36Speaker 2: at the time was that the room that they would
- 22:39Speaker 2: have normally done the physical lineup in, which is that
- 22:43Speaker 2: room you see in cop shows, right where there's that
- 22:46Speaker 2: one way glass and there's the lineup, but your identity
- 22:49Speaker 2: is protected. That room was being renovated in the police department.
- 22:54Speaker 2: So I was taken to an abandoned schoolhouse to the
- 22:57Speaker 2: second floor and I was into this abandoned school room
- 23:02Speaker 2: where the only thing between me and the lineup was
- 23:06Speaker 2: a folding picnic table. So seven men are marched in
- 23:10Speaker 2: front of me holding numbers, and I was terrified because
- 23:16Speaker 2: I thought, what happens if I don't get this one
- 23:19Speaker 2: right right? Does he walk? Does he go free? Is
- 23:22Speaker 2: he going to come back and kill me? Because it's
- 23:25Speaker 2: broad daylight, there's lights in this room, Like I'm not protected.
- 23:29Speaker 2: It was extremely traumatic. So as I looked through the
- 23:32Speaker 2: seven men in the lineup, honestly, I narrowed it down
- 23:35Speaker 2: to number four and five. And as I started, you know,
- 23:37Speaker 2: looking between four and five, I remember thinking, well, no,
- 23:40Speaker 2: it's number five, and that's what I wrote down on
- 23:43Speaker 2: a piece of paper. And again the police officers looked
- 23:45Speaker 2: at me and said, great job, so you picked out
- 23:47Speaker 2: in the photograph And that was a huge relief. That
- 23:52Speaker 2: would have been you know, middle of August, so he
- 23:55Speaker 2: would of course, be arrested, held over for what they
- 23:58Speaker 2: call probable cause, and we would await trial.
- 24:03Speaker 1: When you were in that second now photo lineup, do
- 24:07Speaker 1: you recall in that moment if maybe you were consciously
- 24:10Speaker 1: or subconsciously looking to match to the man in the
- 24:15Speaker 1: photo that you had picked out previously, or recalling the
- 24:19Speaker 1: memory of the assault.
- 24:21Speaker 2: Great question. I've worked in this for a long time now,
- 24:24Speaker 2: so I actually understand what happened to my mind. You know,
- 24:28Speaker 2: I had a very clear picture of who had done
- 24:31Speaker 2: this to me after the assault. But what happens, and
- 24:34Speaker 2: it happens to anybody who is in a place of
- 24:37Speaker 2: trauma like I was, and then you're brought through like
- 24:39Speaker 2: what we call contaminated processes. So as I'm doing that
- 24:45Speaker 2: identicate and I'm looking through the different eyelashes and the
- 24:49Speaker 2: eyebrows and the lips and the noses, my memory at
- 24:52Speaker 2: that moment starts becoming contaminated because the reality is the
- 24:57Speaker 2: person who had assaulted me hours for his eyebrows are
- 25:01Speaker 2: not in that box, his lips are not in that box.
- 25:05Speaker 2: His cheeks and chin that's not in that box. You
- 25:08Speaker 2: have seventy five eyebrows that choose from there's millions of
- 25:12Speaker 2: eyebrows in the world, right, and human beings are not
- 25:16Speaker 2: capable of compartmentalizing the human face. So we look at
- 25:20Speaker 2: your face and totality. I mean, unless you have some
- 25:23Speaker 2: very strange eyebrow, right, you really can't memorize that. And
- 25:28Speaker 2: so by the time I was finished with the composite
- 25:31Speaker 2: sketch and they asked me, was this the man who
- 25:33Speaker 2: attacked you? My memory was now gone, The original memory
- 25:38Speaker 2: was gone, and what is now in place of it
- 25:41Speaker 2: is a composite sketch image. So that when I go
- 25:45Speaker 2: to the photographic lineup, when I'm actually looking to match up,
- 25:50Speaker 2: and it's all completely subconscious, no one knows they're doing
- 25:53Speaker 2: this is you're trying to find the closest photograph to
- 25:57Speaker 2: my last memory, which is a composite sketch. Therefore, Ronald
- 26:02Speaker 2: Cotton's photograph, which was three years old in that lineup,
- 26:06Speaker 2: was the closest photograph to the composite sketch. Our brains
- 26:11Speaker 2: are valuable, and we are so prone to suggestion, and
- 26:17Speaker 2: so things can go into our memory that wasn't there before,
- 26:21Speaker 2: but now it's a permanent fixture in our brain.
- 26:23Speaker 3: Yeah, So then when you go into the physical lineup.
- 26:27Speaker 3: When you see six men in person, are you then
- 26:30Speaker 3: trying to match to the composite sketch or even to
- 26:34Speaker 3: Ronald Cotton's three year old photo. Is your mind now
- 26:37Speaker 3: using those as references?
- 26:39Speaker 2: It is, it's scanning all of that, right, you're scanning
- 26:42Speaker 2: your memory banking. What my memory was saying was, oh
- 26:45Speaker 2: my god, that number five looks like I recognize him,
- 26:50Speaker 2: like I'll never forget that face. And of course I
- 26:52Speaker 2: recognize him. I had picked his photograph out of a
- 26:55Speaker 2: lineup the week before. But you don't know that. It's
- 26:59Speaker 2: just the way our work. It's not an intentional thing,
- 27:03Speaker 2: not from the victim's perspective. It may be intentional from
- 27:05Speaker 2: a police officer's perspective, but you don't know you're doing that.
- 27:09Speaker 2: And so when I picked out Ronald in the physical
- 27:12Speaker 2: lineup and again was given confirmation, which is huge, Ronald
- 27:18Speaker 2: Cotton is now a permanent fixture in my mind.
- 27:22Speaker 1: I'm wondering also, during these two instances of choosing a
- 27:26Speaker 1: photo and then a person that you're standing in front of,
- 27:30Speaker 1: what knowledge did you have in that moment of the
- 27:33Speaker 1: woman who called in and identified Ronald as having been
- 27:38Speaker 1: wearing those clothes at your apartment at three am. Was
- 27:41Speaker 1: that also playing a role in this confirmation you were getting?
- 27:46Speaker 2: Yes, I was told about the phone call. I was
- 27:49Speaker 2: told that Ronald had just been released that spring out
- 27:53Speaker 2: of prison after doing eighteen months for attempted sexual assault.
- 27:57Speaker 2: I was told pretty much everything leadie up to trial.
- 28:02Speaker 3: Each time Jennifer picked Ronald Cotton out of a lineup,
- 28:06Speaker 3: she received confirmation from law enforcement that she'd chosen their suspect. Additionally,
- 28:12Speaker 3: Ronald Cotton was the only person who appeared in both
- 28:15Speaker 3: the photo and in person lineups. There was also the
- 28:19Speaker 3: woman who called and reported seeing Ronald Cotton outside of
- 28:23Speaker 3: Jennifer's apartment the night of the attack, wearing the same clothes,
- 28:27Speaker 3: the white gloves that Jennifer remembered her attacker wearing. Jennifer
- 28:32Speaker 3: felt confident that Ronald Cotton was the man who raped her.
- 28:38Speaker 2: The trial was in January of nineteen eighty five. It
- 28:40Speaker 2: would last two weeks. I would testify for two and
- 28:44Speaker 2: a half days. Again, you know, when you think about
- 28:48Speaker 2: the process and what was happening, it's all trauma. My
- 28:52Speaker 2: body was just registering trauma after trauma. Testifying was horrible,
- 28:57Speaker 2: you know, You're having to repeat every graphic thing that
- 29:01Speaker 2: was done to your body in front of strangers, in
- 29:04Speaker 2: front of your family. You're being blamed for the rape
- 29:08Speaker 2: to begin with. It's just what defense attorneys do. I
- 29:12Speaker 2: was told, what did I think would happen when you're
- 29:15Speaker 2: a single woman, living alone and you go to bed
- 29:17Speaker 2: in your underwear? Didn't I know that that's how rapes happened?
- 29:20Speaker 2: You know, it was apparently important for the jury to
- 29:23Speaker 2: know that I was an aerobics instructor, that somehow being
- 29:25Speaker 2: an aerobics instructor was like tantalizing for the entire world.
- 29:29Speaker 2: So it's all this stuff that is being said. The
- 29:32Speaker 2: same time, you know, I'm having to look at the defendant.
- 29:35Speaker 2: I'm looking at his family. I get up to go
- 29:38Speaker 2: to the bathroom and his sister's in the bathroom. It's
- 29:41Speaker 2: really frightening. You don't know what's going to happen. So,
- 29:44Speaker 2: after the two weeks of trial, the jury came back
- 29:48Speaker 2: with guilty on all counts and Ronald was sentenced to
- 29:52Speaker 2: life in fifty four years.
- 29:54Speaker 3: And what did it feel like when you heard that sentence?
- 29:57Speaker 2: You know, there's a huge relief. You feel like the
- 30:01Speaker 2: system works like you feel validated, right, this is the
- 30:04Speaker 2: system I've been told my whole life works, and that
- 30:08Speaker 2: was confirmation that there is justice for crime victims and survivors.
- 30:12Speaker 2: And what you don't realize is the narrative and the
- 30:16Speaker 2: pats on the backs that you get of this disclosure.
- 30:21Speaker 2: You get to move on, you can put this behind you,
- 30:24Speaker 2: move forward. Doesn't work. It just doesn't work at all.
- 30:29Speaker 2: And I think people don't really understand that. After trial,
- 30:33Speaker 2: it's kind of like after a death right and everybody's
- 30:35Speaker 2: brought you the cast role. People just go back to
- 30:38Speaker 2: their own lives and you're sitting there and you're thinking, yeah,
- 30:40Speaker 2: but for the rest of my life, I'm still going
- 30:42Speaker 2: to be grieving. They just think that you're going to
- 30:44Speaker 2: be able to start your life again and carry on
- 30:48Speaker 2: as if you're not grieving the loss of what I
- 30:52Speaker 2: had in, who I had been, and what I wanted
- 30:56Speaker 2: to return to, Like that part of my life was
- 30:58Speaker 2: just over and I was left just in this space
- 31:05Speaker 2: alone to try to figure out what's next. And it
- 31:08Speaker 2: was really terrible.
- 31:10Speaker 3: How are things with your family? Did they go to
- 31:13Speaker 3: the trial? What was that support system like at the time?
- 31:17Speaker 2: For you? The truth is when you are a victim
- 31:24Speaker 2: of a violent crime. There's not enough support in the world.
- 31:27Speaker 2: So the people who are around you think they're supporting you,
- 31:31Speaker 2: and maybe they're doing the best they can. But unless
- 31:34Speaker 2: you've lived it, if you've never been in it, you
- 31:37Speaker 2: can't really understand what I needed. Tomato super and girl
- 31:43Speaker 2: cheese sandwich wasn't going to cut it. And I also
- 31:46Speaker 2: think that people still don't understand the violent nature of
- 31:51Speaker 2: sexual assault and what that does to the survivor and
- 31:56Speaker 2: to the victims of rape. I think people just think
- 31:59Speaker 2: that you're okay. You're not dead, right, Jennifer. Nobody shot you,
- 32:03Speaker 2: so you're okay, right, Jennifer. I was young, I was
- 32:06Speaker 2: twenty two years old. My family didn't want to talk
- 32:10Speaker 2: to me about it, Like, no one wants to sit
- 32:12Speaker 2: down and talk to you and say, how are you feeling?
- 32:14Speaker 2: What's happening inside of your body? And so no one
- 32:17Speaker 2: asked me questions about it. And my boyfriend was just like, yeah,
- 32:21Speaker 2: I can't deal with you. It's just too much for me.
- 32:24Speaker 2: And friends just don't come over because you cry a
- 32:29Speaker 2: lot and all the time. So you're really left in
- 32:33Speaker 2: this grief because it's what it is. It's grief. You're
- 32:37Speaker 2: left in that grief alone. I didn't do it well.
- 32:41Speaker 2: I just numbed with whatever I could get my hands
- 32:45Speaker 2: on to numb so that I couldn't feel my skin.
- 32:48Speaker 2: Of course, I had to move apartments, and I had
- 32:50Speaker 2: to do that alone. I did graduate, but for the
- 32:54Speaker 2: first time, I made a bee. It sounds crazy, but
- 32:59Speaker 2: I wanted to SRADA student and I made my first beast,
- 33:02Speaker 2: which meant I wasn't going to graduate with a four
- 33:04Speaker 2: point zero, which was my goal. And I wasn't going
- 33:07Speaker 2: to graduate summa cum laude or a valedictorian, which was
- 33:10Speaker 2: my goal. But I graduated, and I didn't go back
- 33:14Speaker 2: to school because I just I couldn't. I couldn't go
- 33:16Speaker 2: to bed at night because I was so afraid. So
- 33:19Speaker 2: the only thing I knew to do was to just
- 33:21Speaker 2: drink like large amounts of alcohol and snort cocaine up
- 33:25Speaker 2: my nose, which meant I couldn't wake up in the morning.
- 33:30Speaker 2: So I was missing work and I was missing class,
- 33:34Speaker 2: and I was a disaster. So I moved. I just
- 33:38Speaker 2: left North Carolina, and I met another person. I fell
- 33:41Speaker 2: in love with him. I came back a year later,
- 33:44Speaker 2: back to North Carolina, got a job in a bank,
- 33:47Speaker 2: and the summer of nineteen eighty seven, I received a
- 33:50Speaker 2: call from the investigator who had been in charge of
- 33:53Speaker 2: the original investigation, Mike Golden, and said that the Pellet
- 33:58Speaker 2: Court of North Carolina had over returned the decision and
- 34:01Speaker 2: that we would have to go back for a second trial.
- 34:03Speaker 2: And I didn't understand any of this, because nobody tells
- 34:06Speaker 2: you this as a victim, right Nobody tells you that
- 34:07Speaker 2: as soon as the trial's over and the convictions happened
- 34:10Speaker 2: and the sentencing takes place, that the defendant automatically has
- 34:15Speaker 2: an appeal, you just think that it's over. So I
- 34:18Speaker 2: didn't understand this appellate process. But the appellate courts had
- 34:22Speaker 2: said that the jury should have known about this second
- 34:26Speaker 2: victim because the first trial was only me, and that
- 34:29Speaker 2: if the courts had known, if the jury had known
- 34:32Speaker 2: there was a second victim who had not made an identification,
- 34:35Speaker 2: then that would have called into question my identification. Ronald
- 34:40Speaker 2: Cotton had been in Central Prison in Raleigh, North Carolina,
- 34:43Speaker 2: since nineteen eighty five and had been proclaiming his innocence,
- 34:47Speaker 2: and not just his innocence, but that he believed that
- 34:50Speaker 2: there was a man that was serving time in the
- 34:52Speaker 2: same prison, in the same dormitory and worked in the
- 34:55Speaker 2: same kitchen, that had actually committed the crime, a man
- 34:58Speaker 2: named Bobby Pool. So in nineteen eighty seven, during the
- 35:02Speaker 2: second trial, they introduced this person, Bobby Poole, into the
- 35:06Speaker 2: trial and brought him in to court under Vordier. So
- 35:09Speaker 2: they dismissed the jury and asked Bobby Poole if he
- 35:12Speaker 2: had committed this crime, and of course he denied it.
- 35:15Speaker 2: They asked him if he had been bragging about committing
- 35:18Speaker 2: this crime, and he denied ever saying anything about it.
- 35:22Speaker 2: Then they asked both myself and the second survivor if
- 35:24Speaker 2: we recognized him, and both of us said no, we
- 35:27Speaker 2: did not recognize him. And did we recognize anyone in
- 35:31Speaker 2: the courtroom that had committed the crimes. Both of us
- 35:34Speaker 2: pointed out Ronald Cotton, and so in this second trial,
- 35:39Speaker 2: Ronald would now be found guilty of both first ree rapes,
- 35:43Speaker 2: and this time Ronald would be sentenced re sentenced to
- 35:47Speaker 2: two life sentences and thirty years in prison, which meant
- 35:51Speaker 2: he would absolutely die in prison.
- 35:54Speaker 3: Did it feel final at that point to you, Yeah.
- 35:56Speaker 2: I thought it was final, But of course I thought
- 35:58Speaker 2: it was final the first time. Most of us don't
- 36:01Speaker 2: know the legal process. And because they always tell you
- 36:05Speaker 2: this word closure, now you really get closure, which I
- 36:08Speaker 2: really wish people would stop using that word, because there
- 36:10Speaker 2: is no such thing as closure. I thought this was
- 36:13Speaker 2: going to be it, like, we're done. Now, I get
- 36:15Speaker 2: to move on and do my life now, right, We're.
- 36:18Speaker 1: Going to take a quick break. We'll be right back.
- 36:29Speaker 2: I got married, I got pregnant. I had triplets in
- 36:33Speaker 2: the spring of nineteen ninety and honestly, the triplets were
- 36:38Speaker 2: my reason to not die every single day, and it
- 36:41Speaker 2: gave me a task. It gave me a job, It
- 36:43Speaker 2: gave me structure because you're a mom. You can't die
- 36:47Speaker 2: now there's these three little people who need you. And
- 36:51Speaker 2: I really loved that part of my life of being
- 36:55Speaker 2: a young mother to these incredible babies, and life took
- 36:59Speaker 2: on a pattern. The rape was never far from my
- 37:04Speaker 2: mind or my spirit. He was always there. But you know,
- 37:08Speaker 2: triplet's keep you busy, So that's how I was busy.
- 37:12Speaker 2: And then the spring of nineteen ninety five happened. I
- 37:17Speaker 2: got the phone call again from Mike Galden and it's
- 37:20Speaker 2: now been almost eleven years and he calls me and says, hey, like,
- 37:24Speaker 2: I need to come and see you. I'm bringing the
- 37:27Speaker 2: Assistant District Attorney of Alamance County with me, and I
- 37:30Speaker 2: was like, okay, you know that's fine. They came to
- 37:34Speaker 2: my house and started telling me about the fact that
- 37:37Speaker 2: Ronald was still saying he was innocent, but they assured
- 37:40Speaker 2: me that he was not. They were like, we know
- 37:42Speaker 2: we've got the right guy, we know he did it,
- 37:45Speaker 2: but they want to have this DNA test. This is
- 37:49Speaker 2: North Carolina, this is nineteen ninety five. DNA was really
- 37:53Speaker 2: a very new piece of investigation. Very few people were
- 37:58Speaker 2: talking about it. The only thing I had ever heard
- 38:01Speaker 2: about DNA other than through my science classes was OJ Simpson.
- 38:06Speaker 3: DNA testing has been admissible in court since nineteen eighty seven,
- 38:10Speaker 3: but the first time that most Americans were introduced to
- 38:13Speaker 3: the idea of DNA playing a role in the criminal
- 38:16Speaker 3: justice system was in nineteen ninety five during the highly
- 38:19Speaker 3: televised OJ Simpson trial.
- 38:23Speaker 2: So they said that North Carolina didn't have any statutes
- 38:26Speaker 2: to allow this DNA test to go through, but if
- 38:29Speaker 2: the court ordered it, my blood sample from eleven years
- 38:33Speaker 2: ago had now disintegrated and now would have to give
- 38:36Speaker 2: a new blood sample. And I just looked at them
- 38:39Speaker 2: and I said, look, I have five year old triplets.
- 38:42Speaker 2: I cannot go through another court anything like. I just can't.
- 38:47Speaker 2: And I said, at some point this has to be over.
- 38:50Speaker 2: We're going to go to the doctor right now and
- 38:53Speaker 2: he's going to give you my blood and you're going
- 38:55Speaker 2: to run that test because this has to be done.
- 38:58Speaker 2: And they agreed has to be done. So I went
- 39:01Speaker 2: to the doctor and I had my doctor, my doctor
- 39:05Speaker 2: draw my blood and give it to them, and it
- 39:08Speaker 2: went down. I forty headed to Raleigh, North Carolina, to
- 39:12Speaker 2: the State Buer of Investigations Crime Lab. That would be
- 39:14Speaker 2: March of ninety five. And I will tell you in truth,
- 39:17Speaker 2: in all honesty, I didn't really worry about it because
- 39:20Speaker 2: I had been assured that it would come back and
- 39:23Speaker 2: conclusively point to the fact that it had been Ronald
- 39:26Speaker 2: all along. And then they called me the first week
- 39:29Speaker 2: of June and stood in my kitchen and said that
- 39:33Speaker 2: the DNA did not belong to Ronald Cotton, that it
- 39:36Speaker 2: did belong to Bobby Poole.
- 39:40Speaker 3: Bobby Poole's DNA matched blood collected from Mary Reynolds home,
- 39:44Speaker 3: the second victim who was attacked the same night as Jennifer.
- 39:47Speaker 3: Investigators confronted Bobby Pool with the results of the DNA
- 39:51Speaker 3: test and he confessed to raping both Mary Reynolds and
- 39:54Speaker 3: Jennifer Thompson.
- 39:57Speaker 1: I mean, how did you even take that in?
- 39:59Speaker 2: For me?
- 40:00Speaker 1: In what did you think?
- 40:03Speaker 2: Honestly, I don't know that I did. I know that
- 40:05Speaker 2: I fell, and I know that I screamed and cried
- 40:11Speaker 2: for a long time. There were so many emotions that
- 40:15Speaker 2: were happening that it's hard to kind of sparse out.
- 40:19Speaker 2: There's the disbelief, there's the anger, there's the fear, there's
- 40:25Speaker 2: the confusion. I felt paralyzed. I felt isolated, I felt fearful.
- 40:31Speaker 2: I felt everything you can possibly imagine. I don't understand this.
- 40:36Speaker 2: I don't understand, like, how did this happen? I remember
- 40:40Speaker 2: Mike Golden and Rob Johnson, who is the ADA, look
- 40:44Speaker 2: at me and say, we're going to get Ronald out
- 40:48Speaker 2: of prison as quickly as we can. We don't want
- 40:50Speaker 2: him to spend another day in prison. He doesn't and
- 40:53Speaker 2: shouldn't be. But they also told me that before they
- 40:56Speaker 2: would even deliver this news to me, they made sure
- 40:58Speaker 2: that they got a confession from Bobby Pool, which for
- 41:02Speaker 2: them was really important, and they said it took six
- 41:05Speaker 2: hours for him to finally say, okay, fine, I did
- 41:07Speaker 2: that to these women and they didn't just do it
- 41:10Speaker 2: to us, like you know. It would come to light
- 41:12Speaker 2: that he had committed twenty four more violent crimes before
- 41:15Speaker 2: he was ever apprehended, six of which would be first
- 41:18Speaker 2: to gree rapes, and one of the rapes he committed,
- 41:21Speaker 2: he went back and raped the woman a second time.
- 41:24Speaker 2: And so there's a lot of things that you're now
- 41:27Speaker 2: having to reconcile that Ronald Cotton was in prison for
- 41:33Speaker 2: eleven years for something he never did, and that Bobby
- 41:38Speaker 2: Pool was not apprehended when he should have been, and
- 41:42Speaker 2: that all these other people were harmed because the system failed.
- 41:47Speaker 2: But what isn't being told to me is that the
- 41:52Speaker 2: system failed me too. But that wasn't the story that
- 41:57Speaker 2: the public heard for the next few years.
- 42:01Speaker 3: Current research on eyewitness identification shows that when victims are
- 42:05Speaker 3: presented with the police lineup, the overwhelming majority of people
- 42:10Speaker 3: will choose someone from that lineup, regardless of if the
- 42:13Speaker 3: actual perpetrator is present. If the perpetrator is not in
- 42:17Speaker 3: the lineup, they will choose the person who looks most
- 42:21Speaker 3: similar to their memory of the perpetrator. All of this
- 42:24Speaker 3: happens subconsciously. It's important to note that Bobby Pool's photo
- 42:29Speaker 3: was not part of the initial photo lineup that Jennifer
- 42:32Speaker 3: was shown. He was also not at the physical lineup.
- 42:36Speaker 3: Jennifer id'd Ronald Cotton twice before the trial, during the trial,
- 42:41Speaker 3: and then again in nineteen eighty seven when he was retried.
- 42:45Speaker 3: Bobby Poole, her actual rapist, was there in nineteen eighty
- 42:48Speaker 3: seven at the retrial in the courtroom with Jennifer, but
- 42:52Speaker 3: she did not recognize him. Her brain had replaced any
- 42:56Speaker 3: memory of Bobby Poole's face with Ronald Cotton's.
- 43:01Speaker 1: The story that came out over the course of the
- 43:04Speaker 1: years that followed did not reflect that you were also
- 43:07Speaker 1: a victim of this system.
- 43:09Speaker 2: Did you have any.
- 43:10Speaker 1: Preparation or warning from the ADA or the law enforcement
- 43:15Speaker 1: you were working with, like there's going to be media
- 43:18Speaker 1: coverage about this.
- 43:20Speaker 2: I was told there would be media coverage again, you know,
- 43:23Speaker 2: this is nineteen ninety five. Ronald was the twenty third
- 43:27Speaker 2: person I believe in the United States to have been
- 43:30Speaker 2: exonerated using DNA. He was the first person in the
- 43:33Speaker 2: state of North Carolina to be exonerated through DNA, but
- 43:37Speaker 2: it was the first time that a DNA test had
- 43:40Speaker 2: also revealed the actual perpetrator. So it was an enormous
- 43:45Speaker 2: story across the country, and it was being covered by
- 43:49Speaker 2: every news cast that you can possibly imagine. And so
- 43:52Speaker 2: I was told that there was going to be a
- 43:55Speaker 2: lot of coverage, that they would try to protect my
- 43:58Speaker 2: name because you know, I'd been married since then. But
- 44:01Speaker 2: at this point, nobody understood what was happening to crime
- 44:05Speaker 2: victims and survivors from these cases. I was really left
- 44:10Speaker 2: on my own to try to navigate the next few
- 44:13Speaker 2: years of false narratives that were going to be coming out.
- 44:18Speaker 2: So what I decided to do at that time was
- 44:22Speaker 2: in many ways, to just erase myself from the world
- 44:26Speaker 2: and to make myself as microscopically tiny so that the
- 44:29Speaker 2: world couldn't find me. And I did a really good job,
- 44:31Speaker 2: I have to say, like I really kind of like
- 44:34Speaker 2: disappeared for the next year until somebody found me.
- 44:39Speaker 3: Who found you?
- 44:41Speaker 2: What had happened was there was a producer with Frontline
- 44:46Speaker 2: who wanted to do a documentary about eyewitness identification and
- 44:50Speaker 2: the fallibility of human memory, and this person contacted Barry Sheck,
- 44:55Speaker 2: and Barry Sheck was like, there's this story out of
- 44:59Speaker 2: North Carolina. Can find the girl. So people started trying
- 45:02Speaker 2: to find the girl, and eventually they did. It was
- 45:05Speaker 2: really scary because I was getting phone calls from people
- 45:08Speaker 2: that I knew that said, yeah, I've got this phone
- 45:10Speaker 2: call today, and somebody said, do you know this girl
- 45:13Speaker 2: named Jennifer Thompson And it's Jennifer Thompson Jennifer Canino and
- 45:17Speaker 2: so people were calling me and that scared me. But
- 45:19Speaker 2: eventually Ben Loderman, who was a producer, contacted me, flew
- 45:24Speaker 2: down from Boston, sat with me in my house and said,
- 45:27Speaker 2: this is what I'm going to do. I would really
- 45:29Speaker 2: love you to tell your story. And of course my
- 45:32Speaker 2: first impulse was like, oh, hell, no, no way, no way,
- 45:36Speaker 2: I'm going to do this. My kids now are six
- 45:39Speaker 2: and people are going to try to find me and
- 45:41Speaker 2: kill me. Then he said, well, I've talked to Ronald
- 45:44Speaker 2: and he's going to tell his story. And I knew
- 45:47Speaker 2: very quickly that no one could tell my story but me,
- 45:50Speaker 2: because you're not allowed to tell my story. I lived
- 45:53Speaker 2: it so I agreed to tell it under the understanding
- 45:56Speaker 2: that Ronald stay in Burlington and I was in Winston
- 45:59Speaker 2: Sale and that we weren't going to meet, and he agreed,
- 46:02Speaker 2: and so over the next six months is he put
- 46:05Speaker 2: together this documentary titled What Jennifer Saw. The crew would
- 46:10Speaker 2: say to me like, oh, you know with ron yesterday,
- 46:12Speaker 2: he's such a nice guy. He's like really chill, he's
- 46:15Speaker 2: really lovely, he's very forgiving, and I was like, yeah,
- 46:19Speaker 2: there's no way that can be true. The guy spent
- 46:21Speaker 2: eleven years in prison for something he didn't do. There
- 46:23Speaker 2: is no way. The documentary aired in February of ninety seven,
- 46:27Speaker 2: and I remember watching it the next morning and I
- 46:31Speaker 2: heard myself say that I know that he's innocent, but
- 46:33Speaker 2: I still see him in my nightmares. And that's when
- 46:36Speaker 2: it clicked for me about this is a permanent face
- 46:40Speaker 2: in my brain and it shouldn't be there. Bobby Pool
- 46:44Speaker 2: should be there. But why can't I see him in
- 46:46Speaker 2: my brain? Because I can't. So I called Mike Galdon
- 46:49Speaker 2: and I said, can you set up a meeting? I
- 46:52Speaker 2: don't even want to know where I'm meeting Because every
- 46:54Speaker 2: journalist in the country was now trying to find me.
- 46:57Speaker 2: When I tell you, every journalist in the country was
- 46:59Speaker 2: trying to find me, I mean everybody. So they set
- 47:01Speaker 2: it up a private meeting, and I met Ronald in
- 47:05Speaker 2: April ninety seven, not far from where I'd been raped
- 47:08Speaker 2: thirteen years before. We started to cry and talk about
- 47:14Speaker 2: what had happened to the two of us. We got
- 47:16Speaker 2: to ask each other questions that only the other person
- 47:19Speaker 2: knew the answers to, and we spent the next two
- 47:22Speaker 2: hours just crying and talking and holding each other's hands
- 47:26Speaker 2: and sharing about what those years had been like for ourselves,
- 47:30Speaker 2: for our families. And what we realized at the end
- 47:32Speaker 2: of those two hours is that we had a lot
- 47:35Speaker 2: of shared trauma because the system had failed us, and
- 47:39Speaker 2: that at the intersection of all of that trauma was
- 47:43Speaker 2: Bobby Pool, who had caused every single bit of it.
- 47:47Speaker 2: Bobby Pool had done so much violence and it hurt
- 47:51Speaker 2: so many women, But he also sat back and knew
- 47:54Speaker 2: that Ronald was going to prison for what he had
- 47:56Speaker 2: done to all of us. And so that was where
- 47:58Speaker 2: ron and I were able to began this healing process
- 48:01Speaker 2: with each other, understanding that the system had failed us
- 48:04Speaker 2: and our families and that Bobby Pool had been the
- 48:08Speaker 2: perpetrator of all of it.
- 48:10Speaker 3: When you met Ronald for the first time, you know,
- 48:12Speaker 3: how was he different than what you had maybe feared
- 48:15Speaker 3: or imagined he might be.
- 48:16Speaker 2: Like, well, in my head, of course, he was just
- 48:19Speaker 2: this terrible, violent monster. In reality, he was incredibly gentle
- 48:24Speaker 2: and self spoken. He was huge, Like that was the
- 48:27Speaker 2: other thing, Like he was enormous. He's like six foot four,
- 48:30Speaker 2: I'm five foot one. He was like this big, huge
- 48:33Speaker 2: person in my life, and yet he was very soft
- 48:36Speaker 2: spoken and very gentle and kind and funny and safe,
- 48:43Speaker 2: Like I immediately felt safe with him. It was a
- 48:48Speaker 2: complete and utter shift, and we immediately became friends that day,
- 48:53Speaker 2: Like we parted in each other's arms, sharing each other's
- 48:57Speaker 2: contact information, and promised that we had lived this journey,
- 49:02Speaker 2: we had survived this thing together, and this was our story.
- 49:08Speaker 3: It sounds like you really did become friends with him.
- 49:11Speaker 3: You both were really going through it in different ways,
- 49:14Speaker 3: in different scenarios. Right over those eleven years, you talked
- 49:17Speaker 3: about having your children and that being something that helped
- 49:20Speaker 3: you want to live. You were so tormented. Was this
- 49:24Speaker 3: helpful in any kind of way to move toward healing?
- 49:27Speaker 3: For you and how if so.
- 49:30Speaker 2: I think it was helpful on many many levels. So yes,
- 49:34Speaker 2: it was very helpful in the healing process because Ronald
- 49:40Speaker 2: was probably the only person who could understand in this
- 49:42Speaker 2: weird way what I had gone through because both of
- 49:45Speaker 2: us had lost, both of us could not return to
- 49:49Speaker 2: the former person that we were before both of us grieved,
- 49:54Speaker 2: and so we had these shared experiences, different but shared experiences,
- 50:02Speaker 2: and that was really healing for me and for him.
- 50:07Speaker 2: The other thing that I think it did for me
- 50:09Speaker 2: is it sent me on a quest on mini quests.
- 50:13Speaker 2: One of the quests I went on was to understand
- 50:16Speaker 2: the criminal justice system and the legal system and how
- 50:20Speaker 2: it actually works and who it actually works for and
- 50:24Speaker 2: who does it actually fail and fail often. So that
- 50:29Speaker 2: forced me to really look back on my childhood and
- 50:33Speaker 2: my life of growing up in the segregated South and
- 50:37Speaker 2: that kind of birthright of thinking that the system was
- 50:41Speaker 2: the best in the world and it was effective and
- 50:43Speaker 2: it worked. And that completely shifted everything from me and
- 50:47Speaker 2: I began to question everything. It wasn't just like criminal
- 50:50Speaker 2: justice system processes, but environmental justice and economic justice like.
- 50:55Speaker 2: It really started me thinking and studying and understanding and
- 50:59Speaker 2: pulling back layers and asking the deep, really hard questions,
- 51:03Speaker 2: which I hope I never stop asking those questions. The
- 51:07Speaker 2: other thing that it did for me was to begin
- 51:10Speaker 2: to understand memory and trauma and how those two work,
- 51:14Speaker 2: and how often the system can get it wrong, and
- 51:17Speaker 2: when it gets it wrong, how many people are being
- 51:20Speaker 2: harmed by it. Like, it really got me thinking about
- 51:23Speaker 2: our brains and how trauma works and doesn't work, and
- 51:28Speaker 2: what we can encode and what we can encode under
- 51:30Speaker 2: what circumstances. So I've done a lot of work in
- 51:33Speaker 2: that area and then on policy and legislation, So that's
- 51:37Speaker 2: taken me in lots of different areas to kind of
- 51:40Speaker 2: help improve our system. But then the other thing it
- 51:44Speaker 2: did was really help me understand restorative justice and how
- 51:48Speaker 2: healing happens, and how healing often doesn't happen because we
- 51:53Speaker 2: don't give space for it.
- 51:55Speaker 3: Did you experience people blaming you and how did you
- 51:59Speaker 3: come to understand how to sort that all in your
- 52:02Speaker 3: head and where to place the blame.
- 52:05Speaker 2: It was an easy assigning of blame, right, It was
- 52:07Speaker 2: like the quick answer. I was like the very quick
- 52:10Speaker 2: and easy scapegoat for all of this. So I was
- 52:13Speaker 2: very much blamed for well, I still am. Let's just
- 52:17Speaker 2: be clear, like I'm still being blamed. I won't allow
- 52:20Speaker 2: it anymore. That's the difference. I allow the blame to
- 52:23Speaker 2: take place, for gosh, the good twelve to fifteen years
- 52:27Speaker 2: after Ronald and I met, because I didn't have a
- 52:29Speaker 2: different language, and because the system was very happy to
- 52:32Speaker 2: allow me to carry the bag of blame, and so yeah,
- 52:35Speaker 2: the general public wanted to blame me, the criminal justice
- 52:40Speaker 2: system was happy for me to accept the blame.
- 52:45Speaker 3: Over the following years, Jennifer and Ronald gave many talks
- 52:49Speaker 3: together and were interviewed dozens of times. They would eventually
- 52:53Speaker 3: go on to co author a book, Picking Cotton, in
- 52:56Speaker 3: two thousand and nine. Jennifer writes in that book about
- 52:59Speaker 3: the overwhelming guilt she felt for misidentifying Ronald. She also
- 53:05Speaker 3: notes that that guilt did not assuage the trauma she
- 53:08Speaker 3: was already experiencing from being violently attacked in her home
- 53:13Speaker 3: at age twenty two. But suddenly, in the public's eye,
- 53:17Speaker 3: she was no longer a victim.
- 53:20Speaker 2: The blame could look as innocuous as ron and I
- 53:24Speaker 2: are staying it on a stage and somebody throws her
- 53:27Speaker 2: hand up and says, wow, Ron Man, you're like Jesus Christ,
- 53:32Speaker 2: You're just like Jesus, Like, how do you stand next
- 53:34Speaker 2: to her and be her friend and forgiver? And for
- 53:38Speaker 2: a long time I was like, I just I guess
- 53:40Speaker 2: I'm just going to have to take this. I now
- 53:43Speaker 2: push back on that a lot, But that's the innocuous stuff, right.
- 53:48Speaker 2: The more in my face violent blame would be the
- 53:52Speaker 2: death threats, men saying things to me about rape, such
- 53:58Speaker 2: as one man looked at me and said, you know,
- 54:00Speaker 2: I got to say, like, at least the son of
- 54:02Speaker 2: a bitch that raped you had good taste. Those were
- 54:05Speaker 2: the things I've heard for decades, and that's traumatic. And
- 54:09Speaker 2: I didn't know that I didn't have to carry that,
- 54:12Speaker 2: that I could deny that, that I could say that's
- 54:14Speaker 2: not true and that's not right. And here's why. And
- 54:18Speaker 2: you know, somebody listened to this podcast. I will promise
- 54:20Speaker 2: you there will be somebody listen to this podcast. It's
- 54:23Speaker 2: going to want to comment at the end of this
- 54:24Speaker 2: and say, you know, Jennifer should die, Jennifer should go
- 54:27Speaker 2: to prison, because this person's not going to think deep
- 54:29Speaker 2: enough and far enough to say, wow, like if I
- 54:32Speaker 2: was being raped and almost murdered. You know, what would
- 54:36Speaker 2: I do? What would I say to my mother if
- 54:38Speaker 2: this was her story? Like, what would I say to
- 54:41Speaker 2: my daughter if this was my daughter's story? Would I
- 54:44Speaker 2: blame my daughter? No, you wouldn't blame your daughter. I
- 54:46Speaker 2: would hope you wouldn't blame your daughter.
- 54:48Speaker 3: Yeah, then your story gets lost in the fray because
- 54:52Speaker 3: thinking back about like how from the moment that you know,
- 54:56Speaker 3: you didn't know his name yet, but Bobby Pool was
- 54:58Speaker 3: in your apartment. The police even called you like the
- 55:01Speaker 3: perfect victim because you were so you were doing your
- 55:05Speaker 3: very best. The whole time you were studying him. You
- 55:07Speaker 3: were planning on how do I get justice? Not just
- 55:10Speaker 3: for yourself at first it was, but then also for
- 55:13Speaker 3: other victims as well. Then you were getting confirmation the
- 55:16Speaker 3: whole time. And so when you really stop and think
- 55:19Speaker 3: about it, it's like, what did people want you to
- 55:20Speaker 3: do differently? There was nothing you could have done differently.
- 55:25Speaker 1: The woman who called and identified Ronald as being in
- 55:29Speaker 1: front of your apartment complex at around three in the morning,
- 55:32Speaker 1: wearing the same clothing. Your trauma and the ability of
- 55:37Speaker 1: your memory to be so manipulated by the way the
- 55:41Speaker 1: system was operating as you're telling me that, I'm like,
- 55:44Speaker 1: I get that. That makes total sense. Her recollection of
- 55:48Speaker 1: that is escaping me. Did you ever learn anything about
- 55:52Speaker 1: what gave her that level of conviction to call and
- 55:54Speaker 1: say that?
- 55:56Speaker 2: Yeah? And I really appreciate you asking that question, because
- 55:59Speaker 2: ron and I did not understand this until the book
- 56:01Speaker 2: was published. And this woman came to visit Ronald and
- 56:05Speaker 2: said that she had been given a type statement from
- 56:09Speaker 2: another police officer to call in in exchange for drug
- 56:12Speaker 2: charges against she and her son to be dropped.
- 56:16Speaker 1: Oh my god, that's mind blowing. It's actually worse than
- 56:19Speaker 1: anything I thought you were going to say.
- 56:21Speaker 2: Yeah, yeah, And neither one of us knew about that
- 56:25Speaker 2: phone call, obviously, And the police officer who gave her
- 56:29Speaker 2: the type statement was not Mike Golden. It was another
- 56:32Speaker 2: police officer who had just always had it against Ronald.
- 56:37Speaker 2: He'd always hated Ronald, and ron talked about like when
- 56:40Speaker 2: he I don't know how old he was, he was
- 56:42Speaker 2: probably around twelve. This particular officer said to him, one
- 56:47Speaker 2: of these days, I'm going to get you. And they said,
- 56:50Speaker 2: you think you're a tough I'm not going to use
- 56:52Speaker 2: the word going around dating white women, and he said,
- 56:56Speaker 2: but I'm going to get your ass one day. And
- 56:58Speaker 2: that was the cop.
- 56:59Speaker 3: Oh my gosh.
- 57:00Speaker 2: Yeah. And you know, when we tell that story and
- 57:03Speaker 2: people will often ask me about that call, because that
- 57:06Speaker 2: call was really important. It's what put Ron in the crosshairs.
- 57:10Speaker 2: When we tell people that, people always have the shock
- 57:13Speaker 2: and awe right, it's like, oh my god, I cannot
- 57:16Speaker 2: tell you how many of these stories have something like
- 57:19Speaker 2: that built in. There's like this bad actor and so
- 57:24Speaker 2: again it's like this kind of knee jerk reaction to
- 57:28Speaker 2: blame people. Yeah, there are people that should be blamed, absolutely,
- 57:32Speaker 2: but it is not crime victims and survivors.
- 57:36Speaker 3: We've all seen the news stories of someone being exonerated,
- 57:40Speaker 3: walking down the steps of a courthouse, finally free. It
- 57:43Speaker 3: is beyond horrifying that any innocent person is sent to prison,
- 57:48Speaker 3: losing potentially years of their life for something they didn't do,
- 57:52Speaker 3: and exonerations become a celebration that justice has finally prevailed.
- 57:57Speaker 3: But the harm of wrongful conviction runs deep. There's no
- 58:02Speaker 3: getting those years in prison back. And what we often
- 58:05Speaker 3: don't think about is the ripple effect of this kind
- 58:08Speaker 3: of system failure. There is the original crime victim, often
- 58:13Speaker 3: still waiting for justice. Jennifer has worked with people who
- 58:17Speaker 3: were victims of violent crimes who believed that their perpetrators
- 58:20Speaker 3: had been caught, and then years later the case is
- 58:24Speaker 3: reopened and still unsolved.
- 58:28Speaker 2: No crime victim and no crime survivor, no marter victim
- 58:31Speaker 2: family member wants an innocent person to go to prison. Ever,
- 58:35Speaker 2: right like we want the person who violently removed our
- 58:39Speaker 2: family members from this earth. We want the person who
- 58:42Speaker 2: violated our bodies and left us for dead somewhere. We
- 58:46Speaker 2: want that person to be apprehended and going to prison.
- 58:48Speaker 2: We don't want an innocent person to go to prison,
- 58:51Speaker 2: But for some reason, that gets lost in the conversation.
- 58:53Speaker 2: Right And I think there's certain words that every victim
- 58:57Speaker 2: and crime survivor from these cases that I've worked with
- 59:00Speaker 2: will tell you. They feel isolated, They feel marginalized, They
- 59:05Speaker 2: feel unnoticed that there was no one there for them
- 59:08Speaker 2: at the time of the crime. There was no one
- 59:10Speaker 2: there for them during the trial, there was no one
- 59:12Speaker 2: there for them during the exoneration. These are consistent themes
- 59:16Speaker 2: that we see with every victim and survivor, because when
- 59:20Speaker 2: an exoneration happens and you pick up the newspaper or
- 59:24Speaker 2: you listen to the story on the news. What you
- 59:27Speaker 2: don't hear about is who the victims and survivors were.
- 59:31Speaker 2: It's only about the exonery. And that is not to
- 59:34Speaker 2: say that the exonerated person that their story should not
- 59:39Speaker 2: be highlighted because it's horrific and what was done to
- 59:42Speaker 2: them and what those years look like is absolutely not okay.
- 59:48Speaker 2: They suffered decades, decades of being separated from their families,
- 59:53Speaker 2: of watching their children grow up without them, of people
- 59:57Speaker 2: dying and they couldn't be there to grieve them. They
- 1:00:00Speaker 2: were physically assaulted in prison. They come out with absolutely
- 1:00:04Speaker 2: no resources. Their families are broken. The system failed them.
- 1:00:07Speaker 2: That's absolutely across the board. Yes, and the victims and survivors,
- 1:00:13Speaker 2: many of them, their children grew up without them because
- 1:00:16Speaker 2: they can't function. People are brutally kidnapped and tortured and murdered,
- 1:00:23Speaker 2: and that these families have to reconcile that the last
- 1:00:26Speaker 2: moments of their child, their wife, their brother, their mother
- 1:00:30Speaker 2: on this earth was torture. And then the system comes
- 1:00:36Speaker 2: behind it and says, oh, by the way, the person
- 1:00:39Speaker 2: we thought that did this to you or your family
- 1:00:41Speaker 2: member didn't and we have no interest in closing the
- 1:00:45Speaker 2: case ever, and so you're never going to know, or
- 1:00:48Speaker 2: if you're a rape survivor, they come back and say, oh,
- 1:00:51Speaker 2: and by the way, we know who did it to you,
- 1:00:53Speaker 2: but the statute of limitations have taken place, and the
- 1:00:56Speaker 2: guy who raped you and sandomized you lives an hour
- 1:00:58Speaker 2: down the road, but we can't prosecute him because you
- 1:01:01Speaker 2: live in a state that has statute of limitations. So sorry,
- 1:01:05Speaker 2: That's what people need to understand. The system when it
- 1:01:08Speaker 2: fails in a wrongful conviction, fails all of us. It's
- 1:01:12Speaker 2: not just me and Ronald, but the community got failed.
- 1:01:17Speaker 2: It was failed, and the only person who wins in
- 1:01:20Speaker 2: any of these cases is the perpetrator. There are no winners.
- 1:01:24Speaker 2: And so when I would meet with crime victims and survivors,
- 1:01:27Speaker 2: that was really kind of where we all were. It
- 1:01:31Speaker 2: was this place of the system failed us, and now
- 1:01:34Speaker 2: the system wants to blame us, and then we hear
- 1:01:36Speaker 2: exneries of course being blamed. We have a lot of
- 1:01:39Speaker 2: people that will look at me and say, yeah, but
- 1:01:41Speaker 2: you know, the guy was like, he was using drugs
- 1:01:44Speaker 2: and he was in the bad part of town. It's like,
- 1:01:46Speaker 2: that doesn't mean that innocent people should go to prison.
- 1:01:48Speaker 2: I mean it was nineteen eighty four, and best practices
- 1:01:51Speaker 2: back then were archaic. I often when I do speeches,
- 1:01:55Speaker 2: I will tell people that, you know, the medical profession
- 1:01:58Speaker 2: is always updating, right, It's always trying to get better processes,
- 1:02:02Speaker 2: better procedures, and to cut down on you know, infections
- 1:02:06Speaker 2: and whatever. But the criminal justice system hasn't caught up
- 1:02:08Speaker 2: like that. And so I'll often ask an audience if
- 1:02:11Speaker 2: somebody came to you and said you have to have
- 1:02:15Speaker 2: open heart surgery, I can do it like we did
- 1:02:17Speaker 2: in nineteen thirty seven, or I can do it like
- 1:02:20Speaker 2: we do now in twenty twenty five. Which would you choose.
- 1:02:23Speaker 2: I would imagine close to one hundred percent of people
- 1:02:26Speaker 2: are going to say, oh, can we do it like
- 1:02:28Speaker 2: you know now? You know what we know now? But
- 1:02:33Speaker 2: our legal system still operates and in a very very
- 1:02:37Speaker 2: old fashioned, archaic wild West. I'm the marshal of this town.
- 1:02:42Speaker 2: Don't tell me what to do. Way, And I travel
- 1:02:46Speaker 2: and I do a lot of legislation in different states
- 1:02:49Speaker 2: and in different jurisdictions. And I will tell you that
- 1:02:51Speaker 2: there are police departments in this country today that just
- 1:02:56Speaker 2: refuse to do best practices as it relates to eyewitness
- 1:03:00Speaker 2: identification procedures, which we have, we know better ways to
- 1:03:03Speaker 2: do it. It's just like, don't tell me what to do.
- 1:03:06Speaker 2: It's about closing the case and listen. There's a lot
- 1:03:09Speaker 2: of people that will say, well, listen, the guy's a
- 1:03:10Speaker 2: bad guy. He was a bad guy, and it's like, Okay,
- 1:03:13Speaker 2: he might have been a bad guy, but don't we
- 1:03:15Speaker 2: want the right bad guy. I mean, that's really important.
- 1:03:19Speaker 3: Yeah, it is an interesting part, and it's covered in
- 1:03:22Speaker 3: the book that Ronald did have a criminal history, and
- 1:03:25Speaker 3: so some people could look at him and say, oh,
- 1:03:27Speaker 3: that's a bad guy. But there were so many factors
- 1:03:30Speaker 3: obviously that played into that that you also described of
- 1:03:33Speaker 3: sort of the environment of the place where also he
- 1:03:35Speaker 3: grew up and being a black kid and then a
- 1:03:38Speaker 3: black man in that environment and not really being set
- 1:03:41Speaker 3: up to succeed. And it's so clear based on who
- 1:03:44Speaker 3: he became that he's a wonderful guy. So you know,
- 1:03:47Speaker 3: it just adds another layer of complication, and it always
- 1:03:50Speaker 3: just reminds me. It reminds me of what you said earlier,
- 1:03:52Speaker 3: where you were like the general public likes to have
- 1:03:54Speaker 3: an easy person to blame or an easy answer. Things
- 1:03:57Speaker 3: are so one way or the other, and it's like
- 1:04:00Speaker 3: that's just really not often how real life is.
- 1:04:03Speaker 2: It's often very very gray. And I think most of
- 1:04:07Speaker 2: us want to believe that if I lived in this
- 1:04:10Speaker 2: certain circumstance that I wouldn't behave that way, But you
- 1:04:13Speaker 2: don't know that. And the other part of at least
- 1:04:17Speaker 2: my experience, is that we live in a very disposable
- 1:04:20Speaker 2: society where we just want to toss people away and
- 1:04:23Speaker 2: not look at them, and prison has done that for us.
- 1:04:27Speaker 2: It's created a huge problem in this country where we
- 1:04:30Speaker 2: have systematically put you know, entire groups of people in
- 1:04:34Speaker 2: certain buckets. There's a reason why prisons are not beside
- 1:04:37Speaker 2: country clubs and golf courses, because what you don't see
- 1:04:40Speaker 2: doesn't exist. And so for people that look like me,
- 1:04:44Speaker 2: that makes us feel better about the world we live in.
- 1:04:47Speaker 2: But I will tell you that I've met many, many, many,
- 1:04:50Speaker 2: many hundreds and hundreds of people that have been locked
- 1:04:53Speaker 2: away behind bars, many of them innocent, but some of
- 1:04:55Speaker 2: them not. And we have wasted tremendous talent and until
- 1:04:59Speaker 2: life and gifts and creativity by just blanket putting people
- 1:05:06Speaker 2: in prison, and we've certainly not created a safer world
- 1:05:09Speaker 2: to live in.
- 1:05:11Speaker 3: What is the mission of healing justice? We're going to work?
- 1:05:14Speaker 2: Do you do well? Healing Justice? We're ten years old
- 1:05:16Speaker 2: this year, and really it was born from this place
- 1:05:20Speaker 2: where I had already experienced, and where I was around
- 1:05:23Speaker 2: communities of victims and survivors and ex honeries, and I
- 1:05:27Speaker 2: kept hearing about these terrible stories of the aftermath. Right like,
- 1:05:32Speaker 2: after the exoneration happens, everybody thinks that the ex honery
- 1:05:35Speaker 2: is going to get ten million dollars or the case
- 1:05:37Speaker 2: is going to be solved, and that's simply not true.
- 1:05:40Speaker 2: So I started Healing Justice in an attempt to try
- 1:05:43Speaker 2: to bring people together who had been equally hurt and
- 1:05:46Speaker 2: harmed into a space to use restorative justice principles to
- 1:05:51Speaker 2: help us all talk about what had happened so we
- 1:05:54Speaker 2: could engage in healing. And so we really do kind
- 1:05:58Speaker 2: of two things. I mean, I are too big. Missions
- 1:06:01Speaker 2: are to address the harm caused by wrongful convictions and
- 1:06:05Speaker 2: to help educate the system in ways that we can
- 1:06:08Speaker 2: do better, particularly by crime victims and survivors, and what
- 1:06:12Speaker 2: that looks like. The other part of The work we
- 1:06:15Speaker 2: do is bringing directly impacted individuals together to create connections
- 1:06:20Speaker 2: and community and help people engage in what healing looks like.
- 1:06:24Speaker 2: So we do that different ways. We do that through
- 1:06:27Speaker 2: peer support, we do that through our healing retreats, we
- 1:06:31Speaker 2: do that through listening sessions. And it's in the space
- 1:06:34Speaker 2: of community that belonging starts happening, and belonging is where
- 1:06:39Speaker 2: we can create the healing. If we don't feel like
- 1:06:41Speaker 2: we belong, there's no way we can heal. We can't
- 1:06:44Speaker 2: heal in isolation. There's just no way. We heal in community,
- 1:06:48Speaker 2: and we heal when we're heard. We can heal when
- 1:06:51Speaker 2: we can see each other.
- 1:06:56Speaker 3: I am so glad that Jennifer came on our podcast
- 1:06:59Speaker 3: and told her story.
- 1:07:01Speaker 1: That was so powerful because it impacted her life in
- 1:07:04Speaker 1: so many ways, and then she sort of turned that
- 1:07:07Speaker 1: situation on its head to do a lot of good,
- 1:07:10Speaker 1: which brings us to Healing Justice Project. The Healing Justice
- 1:07:14Speaker 1: Project provides crime victims and ex hoonneries with resources and
- 1:07:18Speaker 1: community for healing.
- 1:07:20Speaker 3: Yeah you can visit them at Healing Justiceproject dot org
- 1:07:25Speaker 3: and they also hold these retreats in which crime victims
- 1:07:30Speaker 3: and exoneries are able to come together, meet each other
- 1:07:33Speaker 3: and heal together, is kind of how Jennifer would describe it.
- 1:07:38Speaker 3: There's a video on their website from one of these retreats.
- 1:07:41Speaker 3: It's really powerful to watch. I think that one of
- 1:07:44Speaker 3: the things that really stood out to me and Jennifer's
- 1:07:46Speaker 3: interview is talking about how being a crime victim and
- 1:07:49Speaker 3: going through this experience of a wrongful conviction it really
- 1:07:54Speaker 3: left her feeling alone and like pitted her against Ronald
- 1:07:59Speaker 3: Cotton in a way. Once they met each other, she
- 1:08:02Speaker 3: really felt like there was community that started to be
- 1:08:04Speaker 3: built and healing from that. And so she took that
- 1:08:07Speaker 3: inspiration and used it to create these retreats where she
- 1:08:10Speaker 3: brings crime victims and xuneries together, not usually from the
- 1:08:14Speaker 3: same case, but she said that it really helps for
- 1:08:18Speaker 3: people to talk to someone, for someone maybe whose family
- 1:08:21Speaker 3: member was murdered, to be able to speak with an
- 1:08:24Speaker 3: ex Honay who was wrongfully convicted for a murder, and
- 1:08:28Speaker 3: so she facilitates those conversations and I think that's just
- 1:08:31Speaker 3: really unique and cool. It's a powerful video, yeah, and
- 1:08:35Speaker 3: it really speaks to you know. In the interview, Jennifer
- 1:08:38Speaker 3: said when the system fails to convict the right person,
- 1:08:41Speaker 3: then they feel everyone involved. Yeah, and then I have
- 1:08:44Speaker 3: to mention. So Jennifer and Ronald Cotton co authored a book.
- 1:08:49Speaker 3: She mentions it in the interview. It's called Picking Cotton,
- 1:08:52Speaker 3: Our Memoir of Injustice and Redemption, and it's really good.
- 1:08:57Speaker 3: We wanted to speak with Ronald, he is spending time
- 1:09:00Speaker 3: with his family and did not want to do an interview,
- 1:09:03Speaker 3: which we totally understand. But half of the book is
- 1:09:06Speaker 3: written from Jennifer's perspective, and then half of it is
- 1:09:08Speaker 3: written from Ronald's perspective. So there's a whole other part
- 1:09:12Speaker 3: of this story in the book that if you wanted
- 1:09:16Speaker 3: to hear it, definitely go check it out. There's obviously
- 1:09:19Speaker 3: so much in here from Ronald's perspective that we can't cover.
- 1:09:23Speaker 3: People should just read the book. But one of the
- 1:09:25Speaker 3: stories floored me. He was in North Carolina Central Prison
- 1:09:29Speaker 3: and he talks about being mistaken for this other guy,
- 1:09:34Speaker 3: Bobby Pool, like even the guards called him Pool, Hey Pool,
- 1:09:38Speaker 3: and he was like, that's not me. So he meets
- 1:09:42Speaker 3: this guy Bobby Pool in prison, who we now know
- 1:09:45Speaker 3: was the actual assailant of Jennifer's and Ronald sees him
- 1:09:50Speaker 3: and says that he looks like the sketch, the original sketch,
- 1:09:55Speaker 3: and kind of looks like Ronald as well, and he,
- 1:09:58Speaker 3: you know, confronts him. And then at some point Ronald's
- 1:10:02Speaker 3: sister comes to visit him, and he said that he
- 1:10:04Speaker 3: had this creepy interaction where Bobby Pool came up to
- 1:10:08Speaker 3: him afterward and was like, Hey, can I get your
- 1:10:11Speaker 3: sister's address so I can write her? And quick thinking
- 1:10:14Speaker 3: as he was, he was like, you know, she probably
- 1:10:17Speaker 3: wouldn't write you, but what I can do is we
- 1:10:20Speaker 3: could take a picture together and I could send it
- 1:10:22Speaker 3: to her and maybe she'll want to write you. So
- 1:10:24Speaker 3: he said, for two dollars, you could get like a
- 1:10:26Speaker 3: polaroid picture. In the book, it shows the polaroid picture
- 1:10:31Speaker 3: of Ronald Cotton and Bobby Pool. And then, of course
- 1:10:33Speaker 3: he didn't send it to his sister. He sent it
- 1:10:35Speaker 3: to his attorney. He was sent instant in January of
- 1:10:38Speaker 3: nineteen eighty five to life in prison plus fifty years.
- 1:10:41Speaker 3: He meets Bobby Pool in nineteen eighty six and takes
- 1:10:44Speaker 3: this photo in September of nineteen eighty six and sends
- 1:10:48Speaker 3: it to his attorney. But he still spends, you know,
- 1:10:53Speaker 3: nine more years in prison before he's exonerated, and the
- 1:10:55Speaker 3: whole time he was like, I know, it's this guy
- 1:10:59Speaker 3: Bobby Pool, and he was right.
- 1:11:00Speaker 1: That is unimaginable.
- 1:11:01Speaker 3: It's a really good book. Jennifer and Ronald both talk
- 1:11:05Speaker 3: in the book about a lot of their activism that
- 1:11:07Speaker 3: they have done together over the years, speaking at different
- 1:11:10Speaker 3: events and working together to try to raise awareness about
- 1:11:14Speaker 3: wrongful convictions.
- 1:11:15Speaker 1: Right because there are a lot of people in prison
- 1:11:18Speaker 1: and proclaiming their innocence, and now having gone through this experience,
- 1:11:22Speaker 1: they're making sure those people have a voice. According to
- 1:11:25Speaker 1: the Innocence Project, they have two hundred and three clients
- 1:11:30Speaker 1: that have been exonerated by DNA evidence, and sixty three
- 1:11:35Speaker 1: percent of wrongful convictions that they've worked on involved eyewitness misidentification,
- 1:11:40Speaker 1: which is exactly how Ronald Cotton ended up in prison.
- 1:11:46Speaker 3: That's a staggering percentage. Sixty three percent involved eyewitness misidentification,
- 1:11:51Speaker 3: and yet from everything that we've learned, it makes sense.
- 1:11:56Speaker 3: So the lead detective Mike Golden, who Jennifer's about, he
- 1:12:01Speaker 3: actually went on to transform the way that North Carolina
- 1:12:05Speaker 3: approaches lineups and was really influential in instituting double blind
- 1:12:10Speaker 3: procedures so that the lead investigators in the case are
- 1:12:13Speaker 3: no longer the people who are there with a eyewitness
- 1:12:17Speaker 3: making the identifications.
- 1:12:19Speaker 1: Oh, it's like now it has to be a more
- 1:12:21Speaker 1: unbiased person being the middleman there.
- 1:12:23Speaker 3: That's great. Yeah, so that you don't have that situation
- 1:12:26Speaker 3: where someone is giving that confirmation and saying, yes, that's
- 1:12:29Speaker 3: our suspect, right and reaffirming it.
- 1:12:32Speaker 1: Yeah, because then she went on to misidentify him again
- 1:12:35Speaker 1: because of that. Yeah, the fact that like she identified
- 1:12:39Speaker 1: him again in court and then again at the retrial
- 1:12:42Speaker 1: when Bobby Pool was actually there, she didn't recognize him.
- 1:12:46Speaker 1: That just says so much about what our brains and
- 1:12:48Speaker 1: memory does that there's so much that's unreliable really about
- 1:12:53Speaker 1: eyewitness identification. You know, Jennifer had this added pressure because
- 1:12:57Speaker 1: the other victim, who we now know to be Bobby Poll,
- 1:13:00Speaker 1: said no, I cannot provide eyewitness testimony. She was unable
- 1:13:05Speaker 1: to say what he looked like, and so Jennifer was
- 1:13:08Speaker 1: being reaffirmed by investigators and also this idea that she
- 1:13:12Speaker 1: was helping the other victim.
- 1:13:14Speaker 3: Yeah. Well, thanks for listening, and we will be back
- 1:13:17Speaker 3: next week for an off record.
- 1:13:20Speaker 1: If you have a story for us, we would love
- 1:13:22Speaker 1: to hear it. Our email is The Knife at exactlyrightmedia
- 1:13:26Speaker 1: dot com, or you can follow us on Instagram at
- 1:13:28Speaker 1: the Knife Podcast or Blue Sky at the Knife Podcast.
- 1:13:31Speaker 3: This has been an Exactly Right production hosted and produced
- 1:13:34Speaker 3: by me Hannah Smith.
- 1:13:35Speaker 2: And me Paytia Eaton.
- 1:13:37Speaker 1: Our producers are Tom Bryfogel and Alexis Samarosi. This episode
- 1:13:41Speaker 1: was mixed by Tom Bryfogel. Our associate producer is Christina Chamberlain.
- 1:13:45Speaker 3: Our theme music is by Birds in the Airport.
- 1:13:47Speaker 1: Artwork fi Vanessa Lilac.
- 1:13:49Speaker 3: Executive produced by Karen Kilgarriff, Georgia Hardstark and Danielle Kramer.