Latest / Wrongful Conviction / #427 Jason Flom with Lamont Hunter
Transcript
- 0:03Speaker 1: In two thousand and six, Lamont Hunter lived with his
- 0:06Speaker 1: girlfriend los Milda, along with their blended family in Cincinnati, Ohio.
- 0:11Speaker 1: Luzmilda's three year old son, Trustin, had been previously hospitalized
- 0:15Speaker 1: for what was believed to be injuries resulting from child abuse. However,
- 0:20Speaker 1: no charges ever materialized. Then, on January nineteenth, two thousand
- 0:26Speaker 1: and six, Trustin was in Lamont's care when paramedics were
- 0:29Speaker 1: called to take Trustin again to the hospital, where he
- 0:33Speaker 1: passed away. Lamont told police that Trustin took a tumble
- 0:38Speaker 1: down the stairs, but the state's experts believed that the
- 0:40Speaker 1: medical evidence told a different story, that Trustin's injuries could
- 0:45Speaker 1: not have resulted from a fall down the stairs, but
- 0:48Speaker 1: rather from violent shaking coupled with forceful impact, in addition,
- 0:54Speaker 1: that the three year old boy may have been sexually assaulted.
- 0:58Speaker 1: With evidence like this, didn't take long for a three
- 1:01Speaker 1: judge panel to sentence Lamont Hunter to death. But this
- 1:06Speaker 1: is wrongful conviction. Welcome back to wrongful conviction. Today we
- 1:21Speaker 1: have a story of a crime that never happened, that
- 1:24Speaker 1: resulted in a death sentence for a man who should
- 1:29Speaker 1: have been given time to grieve. Laman Hunter a sentenced
- 1:33Speaker 1: to death in the state of Ohio for a crime
- 1:36Speaker 1: that never happened, and here to help him tell his story.
- 1:39Speaker 1: I'm going to introduce I actually asked how she would
- 1:42Speaker 1: like to be introduced, and Lamon jumped right in and said,
- 1:44Speaker 1: just call her the amazing Aaron Barnhardt. But for context,
- 1:48Speaker 1: she is assistant public Defender at the Southern Ohio Federal
- 1:52Speaker 1: Public Defender Capital Habeas Unit. So, Aarin, thank you for
- 1:55Speaker 1: being here, thank you for having me, and here to
- 1:58Speaker 1: tell his own story with this assist from Aaron and
- 2:02Speaker 1: myself is the man himself who survived this incredible ordeal,
- 2:06Speaker 1: the Mont Hunter, the Mont I'm so happy you're here.
- 2:09Speaker 2: I'm happy to be here. Thanks for having me.
- 2:12Speaker 1: It's kind of a miracle that you're here, and you know,
- 2:14Speaker 1: and Aaron, you are a big part of that miracle.
- 2:16Speaker 1: So let's go back to your upbringing. The place that
- 2:20Speaker 1: you were born and where you lived has a lot
- 2:22Speaker 1: to do with your wrongful conviction. But did you actually
- 2:25Speaker 1: grow up there in Hamilton County.
- 2:26Speaker 2: Ohio, Cincinnati. Yes, I did Hamilton County.
- 2:30Speaker 3: I was born in the late sixties, so I grew
- 2:32Speaker 3: up through the seventies and eighties, and nineties. My mother,
- 2:36Speaker 3: my father, hit my heroes work their fingers to the
- 2:39Speaker 3: bone to provide a good life for me and my siblings.
- 2:43Speaker 2: My childhood was amazing.
- 2:45Speaker 3: Like I always say, I was fortunate to be born
- 2:48Speaker 3: in a family that I was born in school. I
- 2:50Speaker 3: mean cousins, aunts, uncles. We are all very close knit family.
- 2:54Speaker 1: You know, I understand eventually you became a father as well.
- 2:57Speaker 2: Absolutely.
- 2:58Speaker 3: I got four biological children and two children that I raised,
- 3:01Speaker 3: and I have an honorary daughter, Aisha.
- 3:04Speaker 1: What are the kids' names, Ashley.
- 3:06Speaker 3: Mariah Lamont Junior, Velita, Eric, Aish and Trinity. I've been
- 3:11Speaker 3: instrumental in very hands on and raising all my children,
- 3:15Speaker 3: all six of them.
- 3:16Speaker 1: To support his family, Lamont worked as a roofer, but
- 3:19Speaker 1: also he had a side hustle sending drugs through Federal Express,
- 3:23Speaker 1: which landed him in federal prison. Now, drug trafficking is
- 3:26Speaker 1: in no way related to how Lamont ended up on
- 3:29Speaker 1: Ohio's death row, but his prior conviction comes up later
- 3:32Speaker 1: in the story. So after his stint in prison, he
- 3:36Speaker 1: went back to roofing and met a woman named les Milde,
- 3:38Speaker 1: and together they had Lamont's youngest child, Trinity, Los Milda
- 3:42Speaker 1: also had three boys from a previous relationship, Tyree, Tyrell,
- 3:47Speaker 1: and Trustin.
- 3:48Speaker 4: So Lamont actually didn't spend much time with trust In.
- 3:52Speaker 4: The little boy who died in this case, Trustan, was
- 3:55Speaker 4: Louis Milda's son, and because of complications with her health
- 4:00Speaker 4: when he was born, he was basically raised by other
- 4:03Speaker 4: people family friends and relatives.
- 4:05Speaker 1: Right Wilma Forte and Amber White.
- 4:08Speaker 3: Yes, after she delivered Trusting, she had kidney stalls, so
- 4:12Speaker 3: she had immediately go back in for kidney surgery and
- 4:15Speaker 3: she couldn't care for Trusting. So they were loving enough
- 4:18Speaker 3: to take Trusting And for some reason I don't agree
- 4:22Speaker 3: with Luz mild on this, she just chose to let
- 4:25Speaker 3: him stay there. That's where Trustin lived.
- 4:28Speaker 1: Now Loismilda Lamont rarely took care of Trusting, and prior
- 4:31Speaker 1: to the two thousand and sixth incident that resulted in
- 4:33Speaker 1: Trustin's death, there had been some suspected abuse back in
- 4:36Speaker 1: two thousand and four.
- 4:37Speaker 4: In January of two thousand and four, Lamont had been
- 4:40Speaker 4: carrying trust In up a flight of stairs and tripped
- 4:44Speaker 4: and fell on trust In and ended up breaking his
- 4:47Speaker 4: leg bone his tibia. At the time, his two older
- 4:49Speaker 4: half siblings were there, saw what happened. It was obviously
- 4:53Speaker 4: an accident. No one even suspected it wasn't an accident.
- 4:56Speaker 4: He was treated and let go. Then in June of
- 5:00Speaker 4: or Trustin had sort of a constellation of injuries, some swelling, scratches, rashes,
- 5:06Speaker 4: some other abrasions like by his lips and his ears.
- 5:10Speaker 4: When luiz Milda goes to change trust In's diaper, she
- 5:12Speaker 4: sees that it's really raw and red and irritated, luiz
- 5:15Speaker 4: Milda wondered if his genital swelling was a bug bite
- 5:19Speaker 4: or diaper rash, so she takes him to a local
- 5:22Speaker 4: urgent care. When they see these conditions, they end up
- 5:25Speaker 4: sending him to the hospital and it's treated as a
- 5:27Speaker 4: case of abuse.
- 5:29Speaker 2: Now.
- 5:29Speaker 4: I don't think we'll ever know what happened to Trustan.
- 5:32Speaker 4: I think it's probably a combination of things we found
- 5:36Speaker 4: in medical records that Trustin had a lot of skin
- 5:39Speaker 4: conditions exzema, other sort of conditions where his hair was
- 5:43Speaker 4: falling out, environmental stressors and things like that, and then
- 5:47Speaker 4: he was playing with two older, rambunctious kids. And I
- 5:52Speaker 4: think probably what happened was there was some combination of
- 5:55Speaker 4: maybe a little rough housing, maybe some irritation that trusted
- 5:59Speaker 4: himself elf could have scratched or irritated that resulted in
- 6:02Speaker 4: these conditions. No matter what happened, everyone agrees Lamont wasn't involved,
- 6:07Speaker 4: but these circumstances were treated as abuse, and at the
- 6:11Speaker 4: hospital when they did a skeletal survey an X ray,
- 6:15Speaker 4: they discovered that Trusten had a number of older healing
- 6:18Speaker 4: fractures in his hands and feet. Now, Trustin was hardly
- 6:21Speaker 4: ever taken care of by his mother and therefore Lamont
- 6:25Speaker 4: so at the time that these injuries would have been
- 6:28Speaker 4: dated when he sustained them. Trustin was not around either
- 6:31Speaker 4: Lamont or his mother. He was in the care of
- 6:33Speaker 4: other people, so he had lived with them right, So
- 6:37Speaker 4: even if these older injuries were the result of abuse,
- 6:40Speaker 4: it was not from Lamont or his mother.
- 6:43Speaker 1: No one was charged in this two thousand and four incident,
- 6:45Speaker 1: but child protective services were made aware and even though
- 6:49Speaker 1: Lamont was never even considered a suspect in two thousand
- 6:52Speaker 1: and four, the Hamilton County prosecutors raised the specter of
- 6:55Speaker 1: ongoing abuse while seeking the death penalty for Lamont. In
- 6:59Speaker 1: two thousand and six.
- 7:00Speaker 4: The death penalty information Center has a report called the
- 7:03Speaker 4: two Percent Report. If you look statistically, Hamilton County and
- 7:07Speaker 4: Kyga County in Ohio, Cleveland and Cincinnati are part of
- 7:11Speaker 4: the two percent of counties in the entire nation that
- 7:14Speaker 4: account for more than half of people on death row
- 7:16Speaker 4: and more than half of people who've been executed in
- 7:19Speaker 4: this country.
- 7:20Speaker 1: We've covered a lot of Ohio wrongful convictions, too many
- 7:24Speaker 1: to list, but we're going to link Elwood Jones and
- 7:26Speaker 1: Keith Lamar, both death penalty cases handled by Hamilton County
- 7:30Speaker 1: prosecutors in which they hid or ignored exculpatory evidence at trial,
- 7:35Speaker 1: and Lamont's story is no different. So let's get to that.
- 7:39Speaker 1: On January nineteenth, two thousand and six, tragedy struck when
- 7:43Speaker 1: Trustin was staying with Liz, Milda and Lamont.
- 7:46Speaker 2: Lois Milton.
- 7:46Speaker 3: Well, she get up and go to work, and about
- 7:49Speaker 3: a hour or two later, I get the boys up
- 7:51Speaker 3: to get ready for school themselves. So I get Jordan
- 7:54Speaker 3: and Tiree out the door on their way to school.
- 7:56Speaker 3: Now I got trust In in Trinity, and I get
- 7:58Speaker 3: trust In waited for breakfast in our living room that
- 8:02Speaker 3: I made him French toes, sticks and little sausage links.
- 8:05Speaker 3: He wanted to watch the new Jurassic Park movie, so
- 8:08Speaker 3: set him in a chair, put it on for him,
- 8:10Speaker 3: and decided to start my daily chores. I grabbed Trinity,
- 8:14Speaker 3: my nine month old, and I went downstairs in the
- 8:16Speaker 3: basement to finish doing the laundry. That's when I first
- 8:18Speaker 3: heard him running across the floor above me. Next thing,
- 8:21Speaker 3: I hear, he's coming tumbling down the stairs and hit
- 8:24Speaker 3: his head, so.
- 8:25Speaker 2: I immediately run over.
- 8:27Speaker 3: His head was back and his eyes were fluttering, and
- 8:30Speaker 3: I'm scared. I just scooped him up and run up
- 8:33Speaker 3: the stairs. So I figured I throw some water on
- 8:35Speaker 3: his face to try to jug him awake, and his
- 8:38Speaker 3: eyes were still fluttering, so I seeing that he was
- 8:41Speaker 3: struggling to take a breath. I don't know how to
- 8:44Speaker 3: do CPR, but I attempted it, so I had to
- 8:46Speaker 3: open his mouth. I noticed a piece of sausage lodged
- 8:49Speaker 3: in the back of his mouth, blocking his airway, so
- 8:52Speaker 3: I got that out on my finger. I held his
- 8:54Speaker 3: nose and I blew in his mouth like I see
- 8:56Speaker 3: people do on TV. I don't know, I don't know
- 8:58Speaker 3: how to do it. I'm not certified nothing, so I
- 9:01Speaker 3: probably blew too much in his mouth because his stomach
- 9:05Speaker 3: was getting bloated. I got scared, so I called his
- 9:07Speaker 3: mother and she immediately came home. They made a big
- 9:09Speaker 3: deal of this, by the way, at my trial that
- 9:11Speaker 3: I didn't immediately call the paramedics instead of calling his mother.
- 9:15Speaker 3: They thought it was something the farious, but it wasn't.
- 9:17Speaker 3: It was just I panicked, and so paramedics got there
- 9:22Speaker 3: very quick and started tending to him.
- 9:25Speaker 2: I was just a mess.
- 9:26Speaker 4: The dog is running around parking.
- 9:28Speaker 3: Absolutely, I could never prove this, but I know my dog,
- 9:31Speaker 3: when I left the room, tried to take his food
- 9:34Speaker 3: from him while he was sitting in that chair. I
- 9:36Speaker 3: believe that's what prompted Trusting to run across that.
- 9:39Speaker 1: Floor, and that might explain why he ended up with
- 9:41Speaker 1: a piece of food lodge in his throat.
- 9:43Speaker 3: Absolutely, the sausage, and I know my dog was harassing
- 9:47Speaker 3: for it. But they get Trusting in the ambulance and
- 9:50Speaker 3: Lumilda gets in the ambulance with him, and me and
- 9:53Speaker 3: Trinity we followed them to the emergency room at Children's.
- 9:57Speaker 3: That's how my day started. January nineteenth, two thousand and six.
- 10:14Speaker 4: Trustin had head injuries that were fatal. He had blood
- 10:17Speaker 4: trapped between the layers of his brain, which they call
- 10:20Speaker 4: subdural hematoma. And then his brain also swelled, which is
- 10:24Speaker 4: what happens anytime there's any sort of injury or trauma
- 10:27Speaker 4: to the brain, they call it cerebral edema. And anytime
- 10:30Speaker 4: your brain swells, that also puts pressure on your optic
- 10:33Speaker 4: nerve and results in rental hemorrhages, so bleeding on the
- 10:37Speaker 4: back of your eye.
- 10:38Speaker 1: And by now our listeners are familiar with these findings
- 10:42Speaker 1: as what are commonly associated with the grotesque junk science
- 10:45Speaker 1: prosecution theory known as shaken baby syndrome. We're going to
- 10:49Speaker 1: have our shaken baby syndrome episode of wraeful conviction junk
- 10:52Speaker 1: science length as well. For years, the theory was widely
- 10:55Speaker 1: accepted across the medical establishment that the presentation of these
- 10:59Speaker 1: three things could mean only one thing, that the infant
- 11:03Speaker 1: or toddler had been shaken to death by their most
- 11:06Speaker 1: recent caretaker, denying any other potential or even probable causes.
- 11:11Speaker 1: But over time this theory has gradually fallen apart.
- 11:15Speaker 4: And this field has been very nimble because anytime someone shows, well,
- 11:20Speaker 4: guess what this person, we know it was an accident,
- 11:24Speaker 4: and they show these injuries, and then they say like, oh, okay, well,
- 11:28Speaker 4: first of all, we're not going to call it shaking baby,
- 11:30Speaker 4: because they did experiments. They had big beefy football players
- 11:34Speaker 4: shake a crash test dummy baby, and they could not
- 11:39Speaker 4: generate the type of force needed to cause the brain
- 11:42Speaker 4: injuries without breaking the child's neck. And so they said, okay,
- 11:47Speaker 4: so maybe shaking alone can't cause it, So shaking with impact,
- 11:50Speaker 4: that's what we'll say, shaking with impact. So we won't
- 11:52Speaker 4: call it shaken baby. We'll call it abusive head trauma.
- 11:55Speaker 4: And they just keep morphing and adapting to whatever fits.
- 11:58Speaker 1: No matter what has been revealed through biomechanical studies and
- 12:01Speaker 1: a confluence of medical histories that proved that in addition
- 12:04Speaker 1: to accidental causes like a fall down the stairs, there
- 12:07Speaker 1: are eighty one pre existing medical conditions and counting that
- 12:12Speaker 1: can cause the presentation of those findings. And yet there
- 12:16Speaker 1: are still proponents of this theory that refused to admit
- 12:20Speaker 1: that limiting the cause to shaking alone is an unscientific
- 12:24Speaker 1: leap in logic. And so in two thousand and six,
- 12:27Speaker 1: even though some of the medical establishment had begun to
- 12:29Speaker 1: realize the problem with this theory, including the neuroscientists who
- 12:33Speaker 1: had developed it. The state's witnesses attributed Trustin's triad of
- 12:37Speaker 1: findings to shaking and any other injuries, including a sheared
- 12:41Speaker 1: vertebrae and what appeared to be an impact injury, to
- 12:44Speaker 1: further violence. Lamount was arrested on January twenty second, two
- 12:48Speaker 1: thousand and six, three days after Trusten's death, and he
- 12:51Speaker 1: has taken a trial in June two thousand and seven.
- 12:54Speaker 4: The prosecutor, through their child abuse pedatrician witnesses, said these
- 12:59Speaker 4: kinds of injuries could not have come from a fall
- 13:01Speaker 4: down the stairs. It had to have been abuse.
- 13:03Speaker 2: You know.
- 13:03Speaker 4: We only see these kinds of injuries from forces like
- 13:06Speaker 4: in a car accident or maybe LaMotte swung trusting around
- 13:10Speaker 4: like a base ball bag. You know, that's what have
- 13:13Speaker 4: caused it, but not from falling down the stairs. And
- 13:16Speaker 4: then in addition, Trusten had some injuries in his anal
- 13:19Speaker 4: rectal era. He had three puncture wounds in his rectal mucosa,
- 13:24Speaker 4: so kind of up in his rectum. There were three
- 13:27Speaker 4: wounds I think they were about two millimeters in diameter,
- 13:31Speaker 4: and then kind of on the outside lip of his anus.
- 13:34Speaker 4: It's not entirely clear if it's a tear or a cut.
- 13:36Speaker 4: It wasn't that accurately described, and so those injuries were
- 13:40Speaker 4: used to support a charge of rape.
- 13:42Speaker 1: As we'll explain later, there was a completely innocent explanation
- 13:46Speaker 1: for those anal and rectal injuries, yet the child abuse
- 13:49Speaker 1: pediatrician painted a completely different picture.
- 13:52Speaker 4: The child abuse pediatrician did say that the injuries were
- 13:55Speaker 4: consistent with an adult penis. Now that's the magic word, right, consistent,
- 14:01Speaker 4: which I think a lot of fact finders here and
- 14:03Speaker 4: think that means a match, but it doesn't at all.
- 14:06Speaker 4: It just means we can't exclude it as the cause.
- 14:09Speaker 1: I mean, what adult penis is two millimeters in diameter.
- 14:14Speaker 4: So macrof is only talking about the external injury kind
- 14:18Speaker 4: of along the edge of the anus. She never saw
- 14:22Speaker 4: the internal injuries, the puncture wounds.
- 14:24Speaker 2: Oh yeah, yeah, yeah, that's right.
- 14:26Speaker 1: So the child abuse pediatrician did not have a full
- 14:29Speaker 1: understanding of the injuries, which may explain why the coroner,
- 14:32Speaker 1: doctor Gretel Stevens, true different conclusions.
- 14:35Speaker 4: What the coroner said was that it looked like the
- 14:38Speaker 4: interior wounds were like poked with something sharp like maybe
- 14:40Speaker 4: a pencil, and the prosecutors argued at trial that this
- 14:43Speaker 4: wasn't penile rape, but this was rape with some sort
- 14:46Speaker 4: of object.
- 14:47Speaker 1: While that explanation is still incorrect, at least doctor Stevens's
- 14:51Speaker 1: assumptions were more grounded in reality. However, the investigation failed
- 14:56Speaker 1: to find any such object or any efforts to cover
- 15:00Speaker 1: up that kind of crime. Doctor Stevens also acknowledged the
- 15:03Speaker 1: evolving science on shaking baby syndrome, saying that a rotational
- 15:06Speaker 1: fall would be consistent with the shearing of the neck
- 15:09Speaker 1: that trust And experienced, and that stairfalls are responsible for
- 15:13Speaker 1: the kinds of findings that were present in trust and situation.
- 15:17Speaker 4: And that's the thing, like doctor Stevens pretty much was
- 15:21Speaker 4: a straight shooter at trial, and it was just the
- 15:24Speaker 4: fact that she hadn't seen the photographs of the actual
- 15:27Speaker 4: staircase to know that there was a ledge abutting one
- 15:30Speaker 4: side of the stairs that kind of mashed up with
- 15:33Speaker 4: some injuries that she saw. There was also a throw
- 15:36Speaker 4: rug if he had slipped on, that may have contributed.
- 15:38Speaker 4: She didn't know that Lamont had reported hearing trust and running.
- 15:41Speaker 1: In addition, the coroner was unaware of the innocent explanation
- 15:45Speaker 1: for these anal and rectal injuries. So since neither one
- 15:48Speaker 1: of the state's experts had a full picture of the incident, this,
- 15:51Speaker 1: along with Lamont's ineffective council, allowed the state's erroneous narrative
- 15:56Speaker 1: to take hold.
- 15:57Speaker 4: Lamont's child counsel, Clyde Bennett is the attorney's is not
- 16:00Speaker 4: a bad criminal defense attorney. He's actually pretty well known
- 16:04Speaker 4: as a good criminal defense attorney. But there are a
- 16:07Speaker 4: couple things that just weren't going to work in Lamont's case.
- 16:11Speaker 4: Number One, a death penalty case is different, a dead
- 16:15Speaker 4: kid is different, and you can't just kind of rely
- 16:20Speaker 4: on your old tricks and techniques in this kind of case.
- 16:24Speaker 4: Number two, this is a case where the evidence is
- 16:29Speaker 4: all based on medical expert testimony. The evidence is the
- 16:33Speaker 4: state expert coming in and saying you can only get
- 16:36Speaker 4: these injuries from abuse, period, And his trial council did
- 16:41Speaker 4: not hire an expert, not only not to testify or
- 16:44Speaker 4: just even to consult with an expert to explain the
- 16:48Speaker 4: medical records to him, to explain the flaws in the
- 16:52Speaker 4: state experts testimony and reasoning. He said he thought that
- 16:57Speaker 4: he could just rely on cross examination, and his theory
- 17:01Speaker 4: was that this chadabe'see pediatrician. She's not qualified to be
- 17:04Speaker 4: talking about retinal hemorrhages. She's not an ophthalmologist, she's not
- 17:08Speaker 4: qualified to be talking about the mechanism of injury. She
- 17:11Speaker 4: doesn't have a degree in biomechanics or anything. Now, this
- 17:15Speaker 4: is all true. The problem was when he made that objection,
- 17:19Speaker 4: the court overruled it, and he had no plan B.
- 17:23Speaker 4: So when that didn't work, he was left to just
- 17:26Speaker 4: kind of on his own try to cross examine, and
- 17:29Speaker 4: he knew enough to be dangerous, and so he's asking
- 17:32Speaker 4: questions about stuff that's not relevant. Like he's trying to say,
- 17:35Speaker 4: isn't it true that you could have a delayed onset
- 17:39Speaker 4: of injury? And that is true sometimes, except for that's
- 17:42Speaker 4: not what happened in Tresten's case. We know what happened.
- 17:45Speaker 4: He fell down the stairs and was immediately unresponsive, so
- 17:49Speaker 4: that line of questioning was completely irrelevant. Also, he didn't
- 17:53Speaker 4: hire an expert to look through the medical records, and
- 17:55Speaker 4: he didn't look through the records himself.
- 17:57Speaker 1: I mean, Lamont would have been better off with his
- 18:00Speaker 1: original court appointed attorney, not I mean much better off
- 18:03Speaker 1: because it turns out that mister Bennett was more than
- 18:07Speaker 1: a little bit distracted at the time.
- 18:09Speaker 4: That's true, he was a little distracted with his own
- 18:13Speaker 4: legal troubles. Mister Bennett himself was being investigated for some
- 18:18Speaker 4: pretty serious federal crimes, and in fact, shortly after Lamont
- 18:23Speaker 4: was sentenced to death, he signed his own plea agreement
- 18:27Speaker 4: and turned himself into federal custody and went away to
- 18:31Speaker 4: federal prison. He pled to structured deposits, so depositing money
- 18:36Speaker 4: just under the reporting limit.
- 18:39Speaker 1: Unbeknownst to Lamont, Clyde Bennett was connected to a major
- 18:42Speaker 1: drug dealer out of Dayton, Ohio, both of whom were
- 18:44Speaker 1: subjects of a federal investigation that ended in cooperation and
- 18:48Speaker 1: a plea deal for Clyde. Meanwhile, in Lamont's trial, Clyde
- 18:51Speaker 1: neglected to prepare the vital medical expert testimony, as well
- 18:54Speaker 1: as advised Lamont to take a bench trial in front
- 18:57Speaker 1: of a three judge panel, reasoning that a jury might
- 19:00Speaker 1: be susceptible to the emotion surrounding a dead child.
- 19:03Speaker 4: Turns out, so are three judge panels.
- 19:05Speaker 3: Exactly, especially when we know for sure that this judge
- 19:11Speaker 3: who's now passed on. Norbert Natl told Clyde Bennett and
- 19:15Speaker 3: his chambers it wouldn't be wise for him to bring
- 19:18Speaker 3: me in front of him on a bench trial because
- 19:20Speaker 3: I lose, and he still advised me not to have
- 19:24Speaker 3: a jury.
- 19:25Speaker 4: Now, the advantage of not having a jury is that
- 19:28Speaker 4: you can save a lot of time because you don't
- 19:30Speaker 4: have to go through vaidir and get a death qualified jury.
- 19:34Speaker 4: So you know, Clyde took a flat fee from Lamont's family,
- 19:38Speaker 4: so it's just economical to make the trial go as
- 19:41Speaker 4: fast as possible, and so great way to cut down
- 19:44Speaker 4: on time is to wave jury.
- 19:46Speaker 1: It sounds to me like the judge actually was telling
- 19:49Speaker 1: him if you do this, you're going to lose, and
- 19:51Speaker 1: he was like great. I mean, I'm glad you're laughing
- 19:57Speaker 1: a lot, because you know, sometimes I feel like I'm
- 19:59Speaker 1: laughing from crying. Where you lived through this, I say, what.
- 20:02Speaker 3: I'm doing I've been doing in society. Oh my god,
- 20:06Speaker 3: I've been laughing to keep from crying. Man, it's just
- 20:09Speaker 3: so much trauma on this journey, man, It's just a
- 20:12Speaker 3: lot of trauma.
- 20:13Speaker 1: So this bench troul played out exactly as this judge
- 20:16Speaker 1: told Lamont's attorney, it would.
- 20:18Speaker 4: It was pretty easy for them to convict because all
- 20:22Speaker 4: of the state's expert testimony was entirely unrebutted. So they
- 20:27Speaker 4: have these experts from the state saying this had to
- 20:30Speaker 4: be abuse, There is no way this could have come
- 20:33Speaker 4: from a fall down the stairs. And then on top
- 20:36Speaker 4: of that, they had the state saying, and look at
- 20:39Speaker 4: all this other suspicious stuff, injuries in his anal rectal era,
- 20:43Speaker 4: these injuries in the past when Lamont was around trust In.
- 20:46Speaker 3: After conviction, Clyde Bennett pops up in the jail on
- 20:50Speaker 3: a Sunday, and I'm pissed at this point. I'm like,
- 20:53Speaker 3: what are you doing here? And he just said, man,
- 20:55Speaker 3: you know, I just wanted to come and ask you
- 20:59Speaker 3: how our federal prisons, how are they ran, what it's
- 21:02Speaker 3: like in federal prison. I'm looking at him, like, what
- 21:05Speaker 3: does that have to do with my case? He said, well,
- 21:07Speaker 3: he's well, I know you've been in federal prison before,
- 21:10Speaker 3: and I'm going there. I'm fighting for my own life, Lamont,
- 21:12Speaker 3: so I just wanted to know how these federal prisons.
- 21:15Speaker 3: I walked off on him and went back to my sale. Man,
- 21:17Speaker 3: I was done with him. At the time, so all
- 21:19Speaker 3: hope was lost at that point. I was convicted and
- 21:23Speaker 3: then mitigation where you have to get the most closest
- 21:27Speaker 3: loving person in your life. They had to literally beg
- 21:31Speaker 3: the courts to save my life. It was humiliating for
- 21:34Speaker 3: me and my family, and it didn't work, so they
- 21:37Speaker 3: were dug in. So I still got sentenced to death.
- 21:40Speaker 3: And my father, who I have a lot of love
- 21:44Speaker 3: and respect for, he's actually my hero. I after getting
- 21:48Speaker 3: on a standing testifying and asking the course to save
- 21:50Speaker 3: my life and telling the story that he did about
- 21:53Speaker 3: me and growing up with my siblings, he had a
- 21:57Speaker 3: heart attack right there in the courtroom.
- 21:59Speaker 1: He had a heart attack right there in the courtroom.
- 22:02Speaker 2: Right in the courtroom. Ambulance was called.
- 22:04Speaker 3: They saved his life there, but he had a heart
- 22:07Speaker 3: attack right in the courtroom. They never got talked about
- 22:10Speaker 3: in the media or nothing like that. They was too
- 22:12Speaker 3: busy calling me a monster and a child rapist. And
- 22:16Speaker 3: my father he's no longer with us. He died in
- 22:18Speaker 3: twenty eighteen before I got home, but from that day
- 22:22Speaker 3: his health just declined. Since to death, isolated away from
- 22:44Speaker 3: general population, there's no programming set up for us back
- 22:47Speaker 3: there it's just mundane and waking up every day knowing
- 22:51Speaker 3: that your name is on a list to be executed.
- 22:54Speaker 3: The State of Ohio intents on executing you. And that's
- 22:58Speaker 3: like having a gorilla constantly on your shoulders, weighing you down.
- 23:02Speaker 3: And this is it from far as you can see.
- 23:04Speaker 3: Is it every day? It's like the same day. The
- 23:08Speaker 3: first year I was there, I was still in the haze.
- 23:10Speaker 3: I didn't know what to expect as far as the courts.
- 23:14Speaker 3: I've never appealed the sentence before, so I was, of
- 23:18Speaker 3: course jaden and kind of paranoid of my attorneys after
- 23:22Speaker 3: coming through the whrror show of the trial that I
- 23:24Speaker 3: went through and being served up by my trial attorney, like, well,
- 23:27Speaker 3: what's going to happen at this phase.
- 23:29Speaker 4: Although Lamont had pretty capable post conviction attorneys from the
- 23:33Speaker 4: Ohio Public Defender's Office, unfortunately they couldn't get any traction
- 23:38Speaker 4: in state court, which is not uncommon. But their claims
- 23:42Speaker 4: that they raised were not that different than what we
- 23:45Speaker 4: raised in our federal habeas petition. The problem is they
- 23:48Speaker 4: didn't have access to the evidence they needed. They asked
- 23:52Speaker 4: for discovery to get the medical records to depose the coroner,
- 23:56Speaker 4: just like we did, and it was all denied.
- 23:58Speaker 1: As we've mentioned a trial, both states experts Macaroff and
- 24:01Speaker 1: Stevens have been operating with incomplete understandings of the incident. Additionally,
- 24:06Speaker 1: Makarov had ignored the evolving science on sbs, which continued
- 24:10Speaker 1: through post conviction, even as the science continued to evolve
- 24:14Speaker 1: further and further away from her position.
- 24:17Speaker 4: Doctor Macaroff, she's doubling down on everything as everyone in
- 24:22Speaker 4: her sort of little industry has to do. This is
- 24:26Speaker 4: what makes this field so dangerous and unscientific, is the
- 24:31Speaker 4: feedback loop that exists. During our deposition, doctor Macroff cited
- 24:35Speaker 4: an article about stairfalls, saying, look, we know stairfalls aren't
- 24:40Speaker 4: fatal because we draw this data from different hospitals. All
- 24:44Speaker 4: these kids come in after falling down the stairs and
- 24:46Speaker 4: they didn't die. And I said, okay, I said, would
- 24:48Speaker 4: trust In's case be included in that data set? And
- 24:51Speaker 4: she said, well, what do you mean? I said, well,
- 24:53Speaker 4: is his case classified as a stairfall because you guys
- 24:56Speaker 4: don't believe mister Hunter that he fell down the stairs, right,
- 25:00Speaker 4: And she was like, oh, that's a good point. They're
- 25:02Speaker 4: self selecting the data they're using to draw the conclusions
- 25:07Speaker 4: that they used to exclude the data that they don't want.
- 25:10Speaker 4: And then they say that, you know, these are so rare,
- 25:12Speaker 4: and I agree. You know, most kids who tumble down
- 25:16Speaker 4: the stairs don't die from it. But that doesn't mean
- 25:19Speaker 4: that it's impossible, which is what they say to put
- 25:22Speaker 4: people on death row. And just because something is rare
- 25:25Speaker 4: doesn't mean that they know which is the rare case
- 25:29Speaker 4: and which isn't. So there's all this bad science that
- 25:32Speaker 4: goes into it. The thing that actually is scientific about
- 25:35Speaker 4: this would be biomechanics, right force Chawdabez. Pediatricians don't think
- 25:41Speaker 4: biomechanics have any place in their world. And when doctor Macroff,
- 25:45Speaker 4: she says, I didn't say lamont abuse trust in. I
- 25:48Speaker 4: just said that his report does not match the mechanism
- 25:51Speaker 4: of injury. And I said, well, when you're talking about
- 25:55Speaker 4: the mechanism of injury, that kind of sounds like force.
- 25:57Speaker 2: Right.
- 25:57Speaker 4: Oh, no, I'm not a physicist. Biomechanics doesn't fit there
- 26:00Speaker 4: or whatever. I don't know how, right, I don't know
- 26:03Speaker 4: how you can talk about a mechanism without using biomechanics. Anyway,
- 26:08Speaker 4: we did hire a biold mechanical engineer, and we went
- 26:11Speaker 4: to the site and he took measurements of the stairs
- 26:14Speaker 4: and the elasticity of the surface, and he used a
- 26:19Speaker 4: computer program and he put in the height that Trusten
- 26:22Speaker 4: was and his weight and the average that a child
- 26:25Speaker 4: his age could run, and you know, ran through all
- 26:28Speaker 4: these different scenarios of how he could have fallen and
- 26:31Speaker 4: showed that, like the forces generated were well within the
- 26:35Speaker 4: range that have been shown to be enough to generate
- 26:38Speaker 4: the kind of injuries that he had. So absolutely stair
- 26:41Speaker 4: falls can cause this. And also now with cell phones
- 26:44Speaker 4: and security cameras, like, people have started capturing injuries that
- 26:49Speaker 4: otherwise would have been indicted as abuse if we didn't
- 26:53Speaker 4: have proof that it was actually accidental. And doctor Macaroff claims.
- 26:58Speaker 2: It even that could be doctors, even that could be doctored.
- 27:02Speaker 4: She maybe would have to see it with her own
- 27:03Speaker 4: eyes to be convinced, and so you know, there's just
- 27:06Speaker 4: no pleasing the child abuse pediatricians.
- 27:10Speaker 1: However, the defense was able to please the coroner, doctor Stevens,
- 27:14Speaker 1: when they provided a fuller picture of the incident, including
- 27:18Speaker 1: photographs of the staircase. A biomechanical expert and finally, the
- 27:22Speaker 1: innocent explanation for the anal and rectal injuries that were
- 27:25Speaker 1: available to prosecutors, the state's experts, and even la Mons
- 27:29Speaker 1: attorney at the trial. Had he even bothered to look.
- 27:32Speaker 4: He would have found, like our investigator Pam Swanson did
- 27:35Speaker 4: when we took over the case, notations in the medical
- 27:39Speaker 4: records that staff at the hospital in the pic you
- 27:43Speaker 4: had attempted to take Trusten's temperature three times with a
- 27:47Speaker 4: rectal thermometer had been unsuccessful, and immediately after that had
- 27:51Speaker 4: noted blood in his rectum, which of course perfectly matches
- 27:55Speaker 4: up with the three puncture wounds that the coroner identified
- 27:59Speaker 4: and said could have been caused by something sharp like
- 28:01Speaker 4: a pencil. And in fact, and in another piece of
- 28:04Speaker 4: undisclosed evidence, the coroner even told detectives that she couldn't
- 28:09Speaker 4: rule out a temperature probe as the cause of this. Now,
- 28:13Speaker 4: nobody turned that over to Lamont at trial, and the
- 28:16Speaker 4: prosecutor didn't ask the coroner that question, but he did
- 28:19Speaker 4: ask the child abuse pediatrician at trial if Trustan's injuries
- 28:23Speaker 4: could have been caused by a thermometer, and she said no.
- 28:26Speaker 4: When we deposed the coroner and showed her these records,
- 28:30Speaker 4: she immediately changed her opinion on the cause of those injuries.
- 28:33Speaker 4: She still said it was non accidental, but it was
- 28:35Speaker 4: inflicted medically, not as an assault. For me, I saw
- 28:39Speaker 4: that and felt like I was just shouting into the void.
- 28:41Speaker 4: For years after that, nobody seemed to care about it
- 28:44Speaker 4: until the coroner did. But I was like, people, this
- 28:47Speaker 4: is it, Like this explains.
- 28:48Speaker 3: Everything, because that was a huge void in my defense.
- 28:53Speaker 4: Yeah, it was a huge gap because nobody could explain I.
- 28:56Speaker 3: Never could explain the rape to the time we found
- 28:58Speaker 3: that in the record, I couldn't not explain the rape.
- 29:02Speaker 2: I didn't rape me, So.
- 29:04Speaker 1: These idiots couldn't even figure out the three pokes with
- 29:08Speaker 1: the thermometer were what caused what otherwise sounded like an
- 29:12Speaker 1: awful thing that was done to this child, Right.
- 29:14Speaker 4: Well, yeah, that's the really troubling thing is that I
- 29:17Speaker 4: think nobody looked at these records, including doctor Stevens. You know,
- 29:23Speaker 4: at the time, had she she would have learned things
- 29:26Speaker 4: about the scene that would have explained the mechanism of injury,
- 29:31Speaker 4: plus the findings about the anal and rectal injuries, and
- 29:34Speaker 4: so then, like she did her deposition when we showed
- 29:38Speaker 4: them to her, she would have changed her opinion not
- 29:41Speaker 4: only about the injuries that supported the rape, but also
- 29:46Speaker 4: about the cause of death, that it was not a
- 29:48Speaker 4: homicide and his trial attorney is just as much to blame.
- 29:52Speaker 1: So in addition to the Brady violations, this was also
- 29:55Speaker 1: a clear case of ineffective assistance of counsel as well.
- 29:59Speaker 4: When we went back to our judge in federal court judgment,
- 30:02Speaker 4: Michael Watson, with the deposition testimony from Clyde, he kind of,
- 30:06Speaker 4: in his opinion, went through all the things he didn't do,
- 30:08Speaker 4: you know, didn't hire experts, didn't talk to witnesses, didn't
- 30:11Speaker 4: look at the records, blah blah blah. And then the
- 30:13Speaker 4: way he put it was he appeared to settle on
- 30:15Speaker 4: his strategy of not using an expert, not as a
- 30:19Speaker 4: result of a strategic investigation, but rather in lieu of one,
- 30:24Speaker 4: which is kind of the classic definition of being an
- 30:26Speaker 4: effective lawyer. You know, like all these people participate in
- 30:32Speaker 4: a process that could result in a man's execution, and
- 30:36Speaker 4: that there's so little you know, I mean plenty of time.
- 30:39Speaker 4: I think there's outright misconduct and malicious intent, and I
- 30:43Speaker 4: think there's some of that here with the Brady evidence,
- 30:46Speaker 4: the withheld evidence that we saw, but a lot of
- 30:48Speaker 4: other is I think just in competence, a lack of thoroughness.
- 30:53Speaker 4: I don't know that might even be worse, because you know,
- 30:57Speaker 4: you care so little about being careful in.
- 31:01Speaker 2: Case, it was such magnitude as a person's life.
- 31:04Speaker 1: Right with proceeding so fraught with constitutional violations and convincing
- 31:08Speaker 1: evidence of innocence. The Hamilton County Prosecutor's office joined Lamont's
- 31:12Speaker 1: motion for a new trial in April twenty twenty three,
- 31:15Speaker 1: but this didn't mean that they were finally seeking justice
- 31:18Speaker 1: for Lamont.
- 31:19Speaker 4: After Lamont had a new trial and we are trying
- 31:21Speaker 4: to get him out on bond, the prosecutor's office ran
- 31:24Speaker 4: to the coroner's office and got the other pathologists in
- 31:28Speaker 4: the office to issue this addendum to the original autopsy
- 31:33Speaker 4: report that basically just says, like, we think the coroner
- 31:37Speaker 4: was wrong to change her opinion under oath and the deposition.
- 31:39Speaker 4: We do think that this should still be a homicide
- 31:42Speaker 4: and still be a rape with zero explanation. And then
- 31:46Speaker 4: those pathologists refused to talk to us without the prosecutors
- 31:50Speaker 4: being present. It just became so obvious to us that
- 31:54Speaker 4: I believe the Hamilton County Coroner's Office, there's supposed to
- 31:57Speaker 4: be neutral experts guided by science, considers itself an arm
- 32:03Speaker 4: of the prosecutor's office.
- 32:05Speaker 1: So while Lamont was still trying to get out on
- 32:07Speaker 1: bond and the lead up to his new trial, the
- 32:09Speaker 1: prosecutor's office began to apply pressure.
- 32:12Speaker 2: And here comes to please offer.
- 32:14Speaker 4: Basically, Lamont had this pressure of stay here in jail
- 32:18Speaker 4: for at least another year, or take a plea and
- 32:20Speaker 4: get out time served. Lamont could walk out the door. Well,
- 32:23Speaker 4: we decided to fight it and ask for bond, and
- 32:26Speaker 4: the prosecutors fought dirty. Basically had to go through a
- 32:29Speaker 4: little mini trial where they are allowed to summarize their
- 32:33Speaker 4: case by presenting evidence, including evidence that wasn't even presented
- 32:36Speaker 4: at trial the first time, so stuff that isn't tested
- 32:40Speaker 4: in any way, but just allegations. We were able to
- 32:43Speaker 4: beat them there. The judge ruled that they hadn't met
- 32:45Speaker 4: their burden to keep him locked up. But then the
- 32:48Speaker 4: bond was five hundred thousand dollars, which he would have
- 32:51Speaker 4: needed to get fifty thousand dollars together cash to meet it.
- 32:55Speaker 2: Would have been very hard which we couldn't do.
- 32:57Speaker 4: I mean, so that was one problem. And then the
- 32:59Speaker 4: other problem was the prosecutor convinced the judge to order
- 33:03Speaker 4: no contact for Lamont with anyone under eighteen, so that
- 33:07Speaker 4: meant all of his nine grandchildren eight at the time.
- 33:11Speaker 2: And went on the way.
- 33:11Speaker 4: Yeah, okay, he wouldn't be able to meet them.
- 33:14Speaker 3: My children was in the courtroom when they asked for that,
- 33:16Speaker 3: and just seeing them cry, man, and they want me
- 33:20Speaker 3: to meet their kids so bad, and I want to
- 33:21Speaker 3: meet my grandchildren so bad.
- 33:23Speaker 2: They're right there.
- 33:24Speaker 3: That's when you know the decision was firmly made that
- 33:27Speaker 3: I'm taking his plea agreement.
- 33:29Speaker 1: It sounds like the prosecutor, Seth Tiger, was just trying
- 33:32Speaker 1: to have it both ways.
- 33:33Speaker 4: You're saying that he's so dangerous and such a monster
- 33:37Speaker 4: that you don't think you should be led at at all.
- 33:39Speaker 4: But you've offered him a plea, and if he agrees
- 33:41Speaker 4: to that, he walks out of the door today with
- 33:45Speaker 4: no conditions at all, no conditions, which is what he
- 33:48Speaker 4: ended up doing.
- 33:49Speaker 1: Lamont took the plea for time served, which also meant
- 33:52Speaker 1: that he's not eligible for state compensation regardless. He was
- 33:56Speaker 1: finally free after sixteen long years in fifteenth twenty twenty.
- 34:01Speaker 3: Three, one of the best days of my life, mind too,
- 34:05Speaker 3: on Aaron's birthday, by the way, and ironically I was
- 34:09Speaker 3: convicted on her birthday as well, sixteen years earlier. Aaron
- 34:13Speaker 3: had already told me it's a bank of cameras and
- 34:16Speaker 3: reporters out there, so be prepared when you walk through
- 34:18Speaker 3: the door. One of the questions was how are you
- 34:21Speaker 3: feeling getting your freedom back? And my answer then and
- 34:25Speaker 3: today is still the same. Imagine feeling all of the
- 34:28Speaker 3: emotions anger, stress, joy and relief, frustration, all of those
- 34:32Speaker 3: emotions at the same time. I'm still going through it,
- 34:36Speaker 3: trying to figure it out.
- 34:37Speaker 2: Man.
- 34:37Speaker 3: It's been amazing though, and I actually got a good
- 34:41Speaker 3: start on everything too. Got my driver's license, my cousin
- 34:45Speaker 3: gave me a vehicle. I got a job rather quickly.
- 34:48Speaker 3: It took a little longer for me to get in
- 34:50Speaker 3: an apartment. I have to go in for a full
- 34:52Speaker 3: knee replacement surgery because O the writer is on set
- 34:56Speaker 3: in on it, bone on bone, so I haven't been
- 34:58Speaker 3: able to work. That is frustrating. So I'm just trying
- 35:02Speaker 3: to figure things out. Aaron set up a GoFundMe page
- 35:06Speaker 3: that's been helping a little bit.
- 35:08Speaker 1: Well, we're hoping our audience can help out a whole
- 35:10Speaker 1: bunch more, and who knows how long it's going to
- 35:12Speaker 1: be till Lemon is on his feet again. So if
- 35:15Speaker 1: you have a few bucks, a few thousand bucks, a
- 35:18Speaker 1: few million bucks laid around, whatever you can spare, and
- 35:22Speaker 1: you want to help this man who has already been
- 35:24Speaker 1: through so much, we're going to have the GoFundMe linked
- 35:27Speaker 1: in the episode description along with Lamon's LinkedIn page. He's
- 35:31Speaker 1: begun public speaking and he's a great speaker, so if
- 35:34Speaker 1: anyone's interested, I'm sure he'd be very happy to have
- 35:37Speaker 1: work that's not as physically demanding as the job he
- 35:40Speaker 1: was able to find before the surgery. And with that,
- 35:43Speaker 1: we're going to go to closing arguments, where first of all,
- 35:45Speaker 1: I want to thank Aaron and Lamont, both of you
- 35:47Speaker 1: so much for joining us today. And now I'm just
- 35:50Speaker 1: going to do what I do best. I'm going to
- 35:52Speaker 1: kick back in my chair, turn off my microphone, leave
- 35:55Speaker 1: my headphones on, close my eyes, and just listen to
- 35:58Speaker 1: anything you feel is left to be said. So let's
- 36:00Speaker 1: start with you Erin, and then just tan the mic
- 36:04Speaker 1: off to Lamont and Lamont, you take us out into
- 36:06Speaker 1: the sunset.
- 36:08Speaker 4: Nothing like this happens without the help of a village,
- 36:11Speaker 4: and that's certainly true in Lamont's case. In our office,
- 36:15Speaker 4: attorneys Tasiplesio and Justin Thompson, we're also on Lamont's team.
- 36:20Speaker 4: I mentioned Pam Swanson. She's retired now, but she's the
- 36:23Speaker 4: investigator that kick things off. And then our paralegal, extraordinary
- 36:28Speaker 4: Shannon Flammer.
- 36:29Speaker 2: Oh my god, yes, who runs.
- 36:31Speaker 4: The office and is really the backbone of everything. Was
- 36:34Speaker 4: absolutely wonderful. But I honestly don't know if there's a
- 36:37Speaker 4: single person in the Capitol habeous unit who didn't help
- 36:39Speaker 4: in some way with Lamont's case. And that includes a
- 36:42Speaker 4: lot of our law student externs who helped us with
- 36:45Speaker 4: research and writing, people helped with site checking, just brainstorming
- 36:50Speaker 4: figuring out how to approach this crazy developments in the case,
- 36:55Speaker 4: especially when the Supreme Court is changing the law on
- 36:58Speaker 4: what we're allowed to present in the state court and
- 37:00Speaker 4: federal court, you know, as it's going on, you know.
- 37:04Speaker 4: And then he had post conviction attorneys Melissa Jackson and
- 37:07Speaker 4: Kim Rigby at the Ohio Public Defender's Office, who fought
- 37:11Speaker 4: valiantly and kept hitting a brick wall, but stayed supportive
- 37:15Speaker 4: of Lamont. And then we are just so grateful for
- 37:19Speaker 4: al Gerhartstein, who's been so supportive and brought on some
- 37:23Speaker 4: amazing attorneys to help us in state court, Sarah Jelsonino
- 37:26Speaker 4: and Elizabeth Bonham and Marcus Siddodi. They really made an
- 37:30Speaker 4: awesome team. And then Kate Jutson, who's the executive director
- 37:34Speaker 4: at the Center for Integrity of Forensic Sciences, helped with
- 37:37Speaker 4: in particular her expertise in shaking baby science and abuse
- 37:41Speaker 4: of head trauma. Finally, I think a big part of
- 37:45Speaker 4: Lamont's success has been his family. As he's mentioned, I
- 37:48Speaker 4: think he has maybe one of the most supportive families
- 37:50Speaker 4: that I've ever seen. It's been a real privilege to
- 37:53Speaker 4: have Lamont and his family trust me with his life
- 37:56Speaker 4: and with his case, because it's pretty scary, especially it's
- 38:00Speaker 4: so complicated and technical and you don't know what's going on,
- 38:03Speaker 4: and they let me into their home to explain things,
- 38:07Speaker 4: and we're patient as I explained why we need to
- 38:10Speaker 4: be patient and why it takes so long and that
- 38:13Speaker 4: kind of thing.
- 38:14Speaker 3: So one of the things I talk about, especially when
- 38:17Speaker 3: talking to the law students, is about, you know, how
- 38:20Speaker 3: to try your best to meet your client where they are,
- 38:24Speaker 3: you know, intellectually, emotionally if you could. Because I just
- 38:28Speaker 3: had an attorney asked me, you know, after doing the
- 38:31Speaker 3: talk up there, she said, what could I do better?
- 38:33Speaker 3: I have a kind of a guarded client. You know
- 38:35Speaker 3: what I'm saying that I can't seem to get through too,
- 38:38Speaker 3: you know, and he don't trust me. I said, well,
- 38:40Speaker 3: my recommendation, this is what worked for me and my family.
- 38:44Speaker 3: It might not work for everybody. If you could pinpoint
- 38:47Speaker 3: somebody in his family or trusted a friend or something
- 38:50Speaker 3: who he listens to and try to get through to
- 38:53Speaker 3: that person and let that person be the liaison or whatever,
- 38:56Speaker 3: maybe you can, you know, get a better working relationship
- 38:59Speaker 3: with your client. You know, Aaron took the time, Aaron
- 39:02Speaker 3: justin to you. They took the time to explain the
- 39:06Speaker 3: process going forward when Aaron first came on my case,
- 39:09Speaker 3: when we first met each other, and it was very effective.
- 39:12Speaker 3: I don't know what other attorneys do with their clients,
- 39:14Speaker 3: but Aaron took the necessary time literally explain what to
- 39:18Speaker 3: expect going forward and to relate the same information to
- 39:22Speaker 3: my family through a liaison which we chose to be
- 39:26Speaker 3: my sister Debbie, who has been amazing in this process
- 39:31Speaker 3: as well as keeping me straight when I give Aaron
- 39:36Speaker 3: problems and have phone.
- 39:38Speaker 2: Calls and stuff.
- 39:38Speaker 3: So it's a whole village, like Aaron just mentioned, on
- 39:42Speaker 3: both sides, it's just it takes a village, man.
- 39:50Speaker 1: Thank you for listening to Wrong for Conviction. You can
- 39:53Speaker 1: listen to this and all the Lava for Good podcasts
- 39:55Speaker 1: one week early by subscribing to Lava for Good Plus
- 39:58Speaker 1: on Apple Podcasts. I want to thank our production team,
- 40:01Speaker 1: Connor Hall and Kathleen Fink, as well as my fellow
- 40:04Speaker 1: executive producers Jeff Kempler, Kevin Wartis, and Jeff Clyburn. The
- 40:08Speaker 1: music in this production was supplied by three time OSCAR
- 40:10Speaker 1: nominated composer Jay Ralph. Be sure to follow us across
- 40:14Speaker 1: all social media platforms at Lava for Good and at
- 40:17Speaker 1: Wrongful Conviction. You can also follow me on Instagram at
- 40:20Speaker 1: It's Jason Vlahm. Wrongful Conviction is the production of Lava
- 40:23Speaker 1: for Good Podcasts and association with Signal Company Number one