Latest / Wrongful Conviction / #302 Guest Host Jimmy Dennis with Chester Hollman III
Transcript
- 0:00Speaker 1: I'm Jason Flam, host of wrongful conviction. Over the years,
- 0:03Speaker 1: hundreds of exanneries have told me their stories, and sadly,
- 0:06Speaker 1: with the state of our criminal legal system, we're left
- 0:09Speaker 1: with far more cases than I can possibly handle alone.
- 0:12Speaker 1: So I've asked some exuneries to handle some of these cases,
- 0:16Speaker 1: bringing the kind of perspective to the interviews that could
- 0:19Speaker 1: only come from living through their own wrongful convictions. This
- 0:23Speaker 1: is one of those interviews.
- 0:28Speaker 2: On a hot August night in nineteen ninety one, University
- 0:31Speaker 2: of Pennsylvania grad student t jung Hoe was walking with
- 0:35Speaker 2: his friend at Rittenhouse Square in Philadelphia. A white Chevy
- 0:39Speaker 2: blazer with four people inside pulled up beside them. Two
- 0:44Speaker 2: of them got out of the car, robbed t jung
- 0:47Speaker 2: Hoe and shot him. He died of his injuries. A
- 0:50Speaker 2: few hours later. A cab driver witnessed the shooting. He
- 0:55Speaker 2: told police what he saw and what he remembered of
- 0:59Speaker 2: the license place the first three letters YCA. Just a
- 1:05Speaker 2: few minutes later, the police pulled over a white Chevy
- 1:08Speaker 2: blazer with YCA on the plate. They thought they caught
- 1:14Speaker 2: the criminal. He was a twenty one year old Chester
- 1:18Speaker 2: home in the third he didn't match the description of
- 1:21Speaker 2: the shooter, and there were only two people in his car,
- 1:25Speaker 2: not four. Chester didn't have a weapon nor anything from
- 1:29Speaker 2: the robbery. Nevertheless, he was arrested and taken to the station.
- 1:35Speaker 2: In May nineteen ninety three, he was sentenced to life
- 1:39Speaker 2: in prison without the possibility of parole. This is wrongful conviction.
- 1:56Speaker 2: My name is Jimmy A.
- 1:57Speaker 3: Dennis.
- 1:58Speaker 2: I spent twenty five point five years on death row
- 2:01Speaker 2: for a crime I didn't commit. I was a guest
- 2:03Speaker 2: on wrong for conviction and talked to Jason about my
- 2:06Speaker 2: own experience in the criminal justice system years ago. But
- 2:09Speaker 2: today I'll be your guest host. I'm here with Chester
- 2:13Speaker 2: Holme in the third He and I know each other well.
- 2:16Speaker 2: Our stories overlap and highlight the patterns of misconduct in the.
- 2:20Speaker 3: Philadelphia criminal justice system.
- 2:23Speaker 2: Chester, as Jason always says, I'm happy you're here, but
- 2:27Speaker 2: I'm not happy that you're here.
- 2:29Speaker 3: Could you introduce yourself.
- 2:31Speaker 4: Chester Holman. I've served twenty eight years on a wrong
- 2:35Speaker 4: for conviction. I've now been home since twenty nineteen.
- 2:40Speaker 2: And today we're also joined by your attorney, Alan Tarboro.
- 2:43Speaker 3: Thank you for joining us today.
- 2:45Speaker 5: Alan.
- 2:46Speaker 3: Could you introduce yourself as well.
- 2:48Speaker 6: Hi Jimmy. My name is Alan Tarboro. I'm an attorney.
- 2:51Speaker 6: I've been practicing law since nineteen eighty nine, most of
- 2:54Speaker 6: which has been criminal defense and civil rights. And I
- 2:59Speaker 6: met Chester and two thousand and four, two thousand and five,
- 3:03Speaker 6: I had the distinction and honor of representing him for
- 3:06Speaker 6: fifteen years before we actually won his exoneration. Every time
- 3:10Speaker 6: I see him and talk to him outside of the prison,
- 3:14Speaker 6: it just brightens my heart.
- 3:16Speaker 3: Remarkable Chester.
- 3:19Speaker 2: I want to ask you, my friend, what was your
- 3:22Speaker 2: life like prior to being stolen away for a crime
- 3:26Speaker 2: you didn't commit.
- 3:27Speaker 4: I was born in Chester, Pennsylvania. That's where I grew up,
- 3:32Speaker 4: and then we at some point we moved to Delaware, Womington, Delaware.
- 3:36Speaker 4: You know it was I said, it was a regular life.
- 3:39Speaker 6: You know.
- 3:40Speaker 4: My father worked very hard. You know, my mother was
- 3:42Speaker 4: on dialysis. You know, me and my sister, you know,
- 3:45Speaker 4: we were involved and you know from the time I
- 3:48Speaker 4: can remember it with sports and some type of activity.
- 3:51Speaker 7: You know.
- 3:52Speaker 4: I went to community college and I started off at
- 3:53Speaker 4: a Wimington community college and I moved to Fildelphia Community
- 3:56Speaker 4: College and I was studying actual criminal justice. I didn't
- 3:59Speaker 4: know which field I wanted to go to. I know,
- 4:00Speaker 4: if it was law enforcement or you know, some type
- 4:02Speaker 4: of legal field, but that's what I was doing. Then
- 4:05Speaker 4: I got a job at a as an armored card guard.
- 4:08Speaker 4: I was driving for Brooks Armored Car. I went moved
- 4:11Speaker 4: to Philadelphia, down Northffilly to BroadOn Gerard and I was
- 4:15Speaker 4: there and uh, you know, just living my life. I
- 4:18Speaker 4: thought the world was my oyster, and I think I
- 4:20Speaker 4: had all these plans of how things were going to
- 4:23Speaker 4: eventually end up being and uh, just one that one
- 4:27Speaker 4: tragic night, it just all came to a crashing end.
- 4:30Speaker 4: And spent the next twenty eight years fighting to get back.
- 4:34Speaker 6: When you practice criminal defense, one of the old adages
- 4:38Speaker 6: is one of things you hear is that there's no
- 4:39Speaker 6: such thing as coincidences, right. But the other rule is
- 4:42Speaker 6: there's always an exception to that case, and Chester Holman's
- 4:45Speaker 6: case is the exception. Chester was the victim of, you know,
- 4:50Speaker 6: many things, but most substantially he was a victim of
- 4:53Speaker 6: a very very remarkable and crazy coincidence. And that is
- 5:01Speaker 6: in this case, which was a terrible case, a terrible
- 5:04Speaker 6: brutal killing of a student, the perpetrators drove up to
- 5:12Speaker 6: this young man at one am in Center City, was
- 5:15Speaker 6: walking home from a It was walking home from the
- 5:18Speaker 6: University of Pennsylvania campus, and there were four people in
- 5:22Speaker 6: a white Chevy Blazer. Two men get out, two women
- 5:26Speaker 6: remained in the cars, sort of the getaway driver. The
- 5:29Speaker 6: two men run up to the victim, push him to
- 5:32Speaker 6: the ground, shoot him, and rob him of his wallet.
- 5:36Speaker 6: There was a woman with him. His friend standing directly
- 5:39Speaker 6: next to him witnessed the entire thing from three feet
- 5:41Speaker 6: two three feet away. They get into a white Chevy
- 5:45Speaker 6: Blazer and drive away. It's one am. It's hot August night.
- 5:49Speaker 6: Actually a lot of people out in Center City and
- 5:52Speaker 6: the vehicle is trailed. Is followed by a cab driver
- 5:55Speaker 6: who witnesses this, and the cab driver gets half of
- 5:58Speaker 6: the vehicle's tag, follows him through traffic for a few
- 6:03Speaker 6: blocks and disappears. Yza right, that was the letters doesn't
- 6:07Speaker 6: get the numbers as the vehicle turns out to have
- 6:11Speaker 6: been rented by I think it was Enterprise. They had
- 6:15Speaker 6: three three identical vehicles on rental in Philadelphia that same
- 6:19Speaker 6: day and the vehicle. What made this even more astonishing
- 6:24Speaker 6: is they bought and put into service these three vehicles
- 6:28Speaker 6: at the same day, so when they registered them, they
- 6:31Speaker 6: got tags YZA zero zero one, Why ZA is year
- 6:35Speaker 6: zero two? Why is is YEZER three? And the cab
- 6:37Speaker 6: driver only got the letters that repeated, not the numbers.
- 6:42Speaker 6: As it happens, Chester's driving one of those other vehicles
- 6:45Speaker 6: that had been rented by his roommate and had been
- 6:48Speaker 6: loan given to him to use that weekend. He's driving
- 6:52Speaker 6: toward the crime scene. He's stopped five minutes, not five
- 6:56Speaker 6: minutes after the murder. Driving toward the crime scene in
- 6:59Speaker 6: the idea, I dentical vehicle with the same tag, and
- 7:03Speaker 6: he meets the general description of what one of the
- 7:06Speaker 6: perpetrators look like. The young woman in the car with
- 7:09Speaker 6: him DJ Jones met the general description of of one
- 7:12Speaker 6: of the women in the car, and they stop him.
- 7:15Speaker 6: And I mean, I could imagine you're a young police
- 7:18Speaker 6: officer and that's who stopped him. You're thinking, man, I
- 7:20Speaker 6: just solved this crime. I got you know, you know,
- 7:23Speaker 6: you got a car with the tag. You're thinking you
- 7:26Speaker 6: solved the crime. Well, all the people involved in this
- 7:29Speaker 6: case were then convinced they solved the crime. Never mind
- 7:32Speaker 6: that Chester was not wearing his clothing didn't match any
- 7:35Speaker 6: of the description the witnesses gave. Never Mind that there
- 7:38Speaker 6: were only two people, not four people in the car.
- 7:40Speaker 6: Never Mind there's no proceeds of the robbery, no weapon,
- 7:44Speaker 6: and he's driving back towards the scene. Never Mind all that.
- 7:47Speaker 6: Never Mind the fact that the young woman who was
- 7:50Speaker 6: with the person who was killed can't identify Chester. Other
- 7:54Speaker 6: than the vehicle, nothing else lined up.
- 7:57Speaker 2: Chester. Tell me about your note that night and you
- 8:02Speaker 2: were out, and what you were doing, and where you
- 8:04Speaker 2: were going, and whom you had with you. Talk about
- 8:08Speaker 2: that a little bit for me.
- 8:09Speaker 4: I had to just returned home from Delaware. I went
- 8:12Speaker 4: down to my parents' house, and I spent most of
- 8:14Speaker 4: the day in Delaware, and I was there to about
- 8:16Speaker 4: maybe midnight. I left there and I went home to
- 8:20Speaker 4: where I lived on Broad and Gerard came out the garage,
- 8:23Speaker 4: went around front, and I passed Deirdre, her sister, and
- 8:27Speaker 4: I spoke to him, and Sheddre asked me where I
- 8:30Speaker 4: was going except to my apartment. So and then I said,
- 8:32Speaker 4: what do you want to do now? Because this was
- 8:34Speaker 4: my first full day of vacation. I had never had
- 8:37Speaker 4: a vacation in my life.
- 8:39Speaker 7: On a job.
- 8:41Speaker 4: So you know that Monday, I was starting vacation for
- 8:43Speaker 4: a week vacation and I paid vacation.
- 8:46Speaker 3: Yeah that's what I'm talking about.
- 8:48Speaker 4: Yeah, so I'm excited. You know, I ain't ready to
- 8:50Speaker 4: go to sleep this Saturday night. I mean, I was like, litten,
- 8:53Speaker 4: let's you want to go somewhere, But we didn't know
- 8:54Speaker 4: where to go. So I was like, listen, I had
- 8:57Speaker 4: a friend who lived down on a fifty second in Greenway.
- 8:59Speaker 4: I sai, let's go down here check out him. So
- 9:01Speaker 4: we get downstairs, and I had a black Toyo to
- 9:05Speaker 4: Sellica GT at the time, and then we also had
- 9:09Speaker 4: the Blazer. So I asked her which car she wanted
- 9:11Speaker 4: to take, So let's take the Blazer to put the
- 9:13Speaker 4: miles on that car rather than my car. So so
- 9:17Speaker 4: we get out, we pull out, and we circle around
- 9:20Speaker 4: and we go straight down to broad Street. As soon
- 9:22Speaker 4: as we turned on to Lombard, there was I mean,
- 9:25Speaker 4: there wasn't a car or person in sight. I mean
- 9:28Speaker 4: I've never seen Philly like this. I mean it was
- 9:30Speaker 4: like a dead zone. So I knew something wasn't right,
- 9:33Speaker 4: but I kept going and I turned the music down
- 9:37Speaker 4: and we approached the first light on Lombard and I
- 9:41Speaker 4: stopped at that light and I saw a police car
- 9:45Speaker 4: going north. So when the light turned green, I proceeded
- 9:49Speaker 4: forward and you know, I'm looking in the rear view mirrors.
- 9:53Speaker 4: Next thing, you know, the lights pop on.
- 9:55Speaker 7: So I was like, damn, what did I do?
- 9:57Speaker 4: So I pull over, like a half a block down.
- 10:00Speaker 4: I pull over and next thing you know, they jump
- 10:03Speaker 4: out with guns drawn.
- 10:05Speaker 2: Oh wow, I know.
- 10:06Speaker 3: That was very uncomfortable.
- 10:08Speaker 7: Yeah, so I asked you, I said, what we do?
- 10:09Speaker 7: What we do?
- 10:10Speaker 4: She said, I don't know, I don't know. Next thing
- 10:12Speaker 4: you know, they're in front of the car with the
- 10:14Speaker 4: guns pointed at us. You know, we got our hands
- 10:16Speaker 4: up and they took us out the car and uh
- 10:21Speaker 4: put the handcuffs on us, and uh.
- 10:23Speaker 3: You night mare began.
- 10:25Speaker 7: Yes, tell me how.
- 10:27Speaker 2: You felt being arrested and then subsequently being taken to
- 10:32Speaker 2: the police station and what happened in that interrogation room
- 10:38Speaker 2: with those police detectives.
- 10:40Speaker 4: Well, that that night, after we were put out the car,
- 10:42Speaker 4: I was placed in the back of a police car
- 10:45Speaker 4: and I saw Djre being placed in another car and
- 10:49Speaker 4: I didn't I didn't know where we were going. But
- 10:52Speaker 4: later found out we were being taken to the scene
- 10:54Speaker 4: of the crime. So when we got there, uh, there
- 10:57Speaker 4: was like maybe four or five people underneath the street.
- 10:59Speaker 4: Like I saw police officers take these four or five people,
- 11:03Speaker 4: whoever whatever it was, go to Deidrich where she was,
- 11:05Speaker 4: and they opened the back door and I saw him looking,
- 11:08Speaker 4: and then they came back and did the same thing
- 11:10Speaker 4: to me, and I made sure I stuck my head
- 11:12Speaker 4: out so they could see me, and you know, everybody
- 11:15Speaker 4: was like I heard everybody say, that's not him, that's
- 11:16Speaker 4: not him. And then uh, I heard over the police
- 11:20Speaker 4: radio saying the guy had died. Take take the suspect
- 11:24Speaker 4: to homicide. So I said what So when I heard that,
- 11:29Speaker 4: I said, I said, you know, my first thought is
- 11:31Speaker 4: this is a murder. So you know, I was like,
- 11:33Speaker 4: what so I'm telling I said, officer, I said, you got.
- 11:35Speaker 7: The wrong guy. I'm tall, you got the wrong guy.
- 11:38Speaker 7: And when I get in.
- 11:39Speaker 4: The car, when an officer said he said you're done now,
- 11:42Speaker 4: he said You're never going to see the light of day.
- 11:44Speaker 4: And I was like, you know, I'm just sitting in
- 11:46Speaker 4: his back seets like, hon now, what does this happened?
- 11:49Speaker 4: So we get to aph and Race and they take
- 11:51Speaker 4: me upstairs and put me in this room that's freezing,
- 11:55Speaker 4: and I see this green chair. This bolted to the floor,
- 12:00Speaker 4: so they put me in this chair. They handcuffed me
- 12:02Speaker 4: to this chair, and I'm just sitting there like freezing,
- 12:05Speaker 4: like this cannot be happening. So my first interaction with
- 12:10Speaker 4: the officer was Detective Jeff Pyrie. He came in and
- 12:15Speaker 4: I'm a little excited, like to tell my story and
- 12:18Speaker 4: try to get this all worked out. So I'm thinking
- 12:20Speaker 4: it's gonna work out, and he comes in and punches
- 12:22Speaker 4: me right in the mouth. He said, you like killing
- 12:24Speaker 4: people in my city, right, you know what I mean.
- 12:26Speaker 4: So I was just like looking at him. I ain't
- 12:28Speaker 4: know what to say or do. So I'm just sitting
- 12:30Speaker 4: there and he walks out. I'm sitting there just like stunned,
- 12:34Speaker 4: like this is this is bad. I'm just in this
- 12:36Speaker 4: is bad. I told him. I said, I worked for
- 12:39Speaker 4: Brooks Armor Car.
- 12:40Speaker 7: You know what I mean?
- 12:41Speaker 4: I said, I don't know what happened, I said, but
- 12:42Speaker 4: I drive around millions of dollars. I'm in and out
- 12:44Speaker 4: of the banks Garden Street Park, were picking up money.
- 12:48Speaker 4: I mean, I'm I got three million dollars on the
- 12:50Speaker 4: average in the back of my truck every day.
- 12:53Speaker 2: Right, You're an honorable citizen. You are a good citizen
- 12:56Speaker 2: of Philadelphia.
- 12:57Speaker 3: Period.
- 12:57Speaker 2: Yeah.
- 12:58Speaker 4: So I said, if I wanted to rob somebody, I'm
- 12:59Speaker 4: gonna ribe a commerce on the street. I'm gonna pull
- 13:01Speaker 4: this truck and just keep going.
- 13:05Speaker 7: Looking back.
- 13:05Speaker 4: Where I feel like I really messed up was first
- 13:07Speaker 4: of all speaking to him in the first place. But
- 13:09Speaker 4: I just figured that, you know, since I had nothing
- 13:11Speaker 4: to hide, it was okay to talk. And then by
- 13:14Speaker 4: me working for Brooks, you know, I thought that would
- 13:15Speaker 4: just like bolster my innocence. And he showed him that
- 13:18Speaker 4: I had no reason to rob anybody. But it didn't happen.
- 13:21Speaker 4: So I told him that I had a gun back
- 13:24Speaker 4: in my apartment, my work gun, and I told him
- 13:26Speaker 4: where it was in my apartment. So I got my badge,
- 13:29Speaker 4: my my bulletproof rounds of AMMO was in my bottom
- 13:32Speaker 4: drawer inside my bedroom. And you know, later on down
- 13:36Speaker 4: the road, come to find out it was all used
- 13:38Speaker 4: against me.
- 13:39Speaker 2: You did not mess up. We are taught in this
- 13:42Speaker 2: country that the police are our friends from the town.
- 13:45Speaker 2: We are babies, and that we are supposed to go
- 13:49Speaker 2: down to the police station, cooperate and do us right,
- 13:53Speaker 2: And that's all you did. You did what any actual
- 13:57Speaker 2: citizen would do. Now we know that you can't even
- 14:00Speaker 2: talked to them at all because they are not trustworthy.
- 14:03Speaker 6: That is exactly what Chester's mindset was. Because we've talked
- 14:08Speaker 6: about this, you were like, you thought they would figure
- 14:11Speaker 6: it out, they would work This is gonna get worked out.
- 14:13Speaker 6: They're going to get to the bottom of this. There's
- 14:14Speaker 6: a mistake. At some point, the police stop becoming detectives,
- 14:19Speaker 6: they stop trying to discern the truth, and they start
- 14:21Speaker 6: becoming advocates, and they start to do. Everything they do
- 14:25Speaker 6: is to build the case, to make it stronger against
- 14:29Speaker 6: who they've in their judgment or they've decided is guilty,
- 14:32Speaker 6: as opposed to continuing to investigate and try to get
- 14:35Speaker 6: to the actual truth tunnel vision. Yeah, and that is
- 14:40Speaker 6: one of the things I have learned in the system,
- 14:42Speaker 6: is that police the culture or the science of policing.
- 14:48Speaker 6: It's more of the culture of policing is we are
- 14:51Speaker 6: trying to get to the truth to a point. But
- 14:53Speaker 6: once we've decide or we discern in our judgment who
- 14:57Speaker 6: it is, everything that that point, because how to build
- 15:00Speaker 6: the case against that person. And they will ignore other evidence,
- 15:06Speaker 6: they will suppress other evidence.
- 15:08Speaker 8: They will hid it, they will destroy it correct, and
- 15:12Speaker 8: that's a problem.
- 15:22Speaker 9: This episode is underwritten by global law firm Greenberg Tryaig
- 15:25Speaker 9: through its pro bono program. Greenberg Traig leverages its more
- 15:29Speaker 9: than twenty four hundred lawyers across forty two offices to
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- 15:38Speaker 9: Greenberg Triwerg attorneys have exonerated and freeomand in Philadelphia represent
- 15:42Speaker 9: numerous individuals previously sentenced to life for crimes committed as
- 15:46Speaker 9: juveniles and resentencing hearings, and receive the American Bar Association's
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- 15:53Speaker 9: for their work on five death penalty cases. GT is
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- 16:00Speaker 9: world only happens by design.
- 16:09Speaker 2: So, while let's talk about some of the players in
- 16:12Speaker 2: the case, can you tell me about the police investigating
- 16:15Speaker 2: the crime.
- 16:16Speaker 6: Let's start with David Baker, who was the detective who
- 16:19Speaker 6: took the key statement in this case, which was dear
- 16:22Speaker 6: jar Jones's statement, Chester's friend who was in the car.
- 16:26Speaker 6: So she signs a seven eight page, single space statement
- 16:30Speaker 6: extraordinarily detailed about the events of the night. I mean
- 16:35Speaker 6: with detail that you would not be able to provide
- 16:40Speaker 6: unless you were there minute to minute. So how does
- 16:44Speaker 6: that happen? How does David Baker get the statement? So
- 16:48Speaker 6: over the course of the night, the police are interviewing
- 16:50Speaker 6: numerous witnesses. There probably were eight, ten, twelve people who
- 16:56Speaker 6: were interviewed who are witnesses, including Chester. So they are
- 16:59Speaker 6: gathering lots and lots of details and lots and lots
- 17:02Speaker 6: of information. And throughout the night they're going into see
- 17:05Speaker 6: Deer just saying you know, you're gonna tell us what happened.
- 17:08Speaker 6: She's like, you know, she sticks to it. I'm not involved.
- 17:11Speaker 6: I don't know what happened. I couldn't tell you. And
- 17:14Speaker 6: eventually they they get her to relent. They threaten to
- 17:19Speaker 6: take her children away, they threatened to charge her with
- 17:22Speaker 6: as a conspirator, that she's going to go to jail
- 17:24Speaker 6: for life. The straw that breaks, I think that breaks
- 17:27Speaker 6: the camel's back for her. She's not getting a lawyer,
- 17:30Speaker 6: is they walk in with Chester's statement, which of course
- 17:32Speaker 6: is completely exculpatory, and they say, oh, your boyfriend has confessed.
- 17:38Speaker 6: He's testified. I mean, he's going to jail. You're not
- 17:41Speaker 6: going to help us, We'll just charge you. He's already
- 17:43Speaker 6: admitted it, which of course he didn't. So she signs
- 17:46Speaker 6: the statement and that's how this David Baker gets the statement.
- 17:50Speaker 6: So he David Baker was instrumental in another exoneration that
- 17:55Speaker 6: happened roughly around the same time the case was a
- 18:00Speaker 6: little was a little later Anthony Wright. Obviously, Jimmy, you
- 18:04Speaker 6: know Anthony Ray. Anthony Ray was exonerated about a year
- 18:07Speaker 6: before Chester, same detective samem virtually very very similar situation.
- 18:15Speaker 6: But Jimmy, it's important to note that, I mean, this
- 18:18Speaker 6: is not exclusive to David Baker. I think what you
- 18:22Speaker 6: see in the exonerations that have occurred over the past
- 18:26Speaker 6: five years and even before is a pattern of this
- 18:30Speaker 6: sort of these sort of tactics that existed across the
- 18:33Speaker 6: homicide unit. David Baker was by no means the worst
- 18:37Speaker 6: of the detectives. I think. I think David Baker was
- 18:41Speaker 6: more of a sort of ordinary regular detective who just
- 18:45Speaker 6: followed the path that was before him.
- 18:49Speaker 2: That's a really good point, Alan, because it's not just
- 18:52Speaker 2: one bad officer. We always talk about these bad apples,
- 18:55Speaker 2: but what happens to an apple core when you have
- 18:58Speaker 2: one bad apple ruins the whole bunch. And what we're
- 19:01Speaker 2: talking about, it's a culture that encourages this behavior and
- 19:06Speaker 2: ultimately leads to innocent people like myself and Chesterholm and
- 19:11Speaker 2: having decades of their life destroyed behind bars for something
- 19:15Speaker 2: that we didn't do. And so now, Alan, I want
- 19:18Speaker 2: to talk about some of the witnesses. Tell me about
- 19:22Speaker 2: how the police built this case against Chester. But first
- 19:25Speaker 2: let's talk about Andre Dawkins. He ends up being a
- 19:29Speaker 2: pretty important to the state's case.
- 19:32Speaker 3: Talk about that.
- 19:33Speaker 6: Andre Dawkins was a I believe at the time he
- 19:38Speaker 6: may have been homeless. He was sweeping up a parking
- 19:42Speaker 6: lot at a gas station down the block from where
- 19:45Speaker 6: the murder happened. And Andre Dawkins had a very tough life.
- 19:51Speaker 6: He had substance abuse issues, he had mental health issues.
- 19:54Speaker 6: He had many many arrests and conditions for petty thefts
- 19:59Speaker 6: and petty offenses. He had open cases at the time,
- 20:02Speaker 6: He had a bench warrant at the time, and the
- 20:04Speaker 6: police He's threatened to be incarcerated twelve different ways, and
- 20:08Speaker 6: basically they led him to identify Chester, make an idea
- 20:12Speaker 6: of Chester. But that was Andre Dawkins, and Andre Dawkins
- 20:15Speaker 6: recant his id years later. He was the first one
- 20:19Speaker 6: to recant. You know, we met him, I would say
- 20:22Speaker 6: about eight or ten years later, and he could not
- 20:26Speaker 6: have been more remorseful about doing what he did. It
- 20:29Speaker 6: was astonishing how much you remembered the lead detective, not
- 20:32Speaker 6: David Baker's. Another detective was now deceased. Knew where Andre
- 20:37Speaker 6: hung out. He's hung around in a certain part of
- 20:40Speaker 6: Center City, and Andre told me that for the entire
- 20:43Speaker 6: year or so between the arrest and the trial, this
- 20:47Speaker 6: detective would show up and give give him money every week.
- 20:51Speaker 6: All of this history, all of his history, was unavailable
- 20:55Speaker 6: to Chester's lawyer at the time. The prosecutor had it.
- 20:59Speaker 6: Roger King had it in the file and it could
- 21:01Speaker 6: have been used to impeach him, and Roger Kin kept
- 21:04Speaker 6: that he hit it, so the jury didn't get the
- 21:06Speaker 6: benefit of knowing about Andre's background and all the reasons
- 21:10Speaker 6: why he would not have been a credible witness.
- 21:13Speaker 2: So Alan, you mentioned Roger King, I know him very well.
- 21:17Speaker 2: So explain a little more about who Roger King was
- 21:21Speaker 2: and his reputation in Philadelphia at this time.
- 21:25Speaker 6: Roger King was a bit of a legend in Philadelphia,
- 21:30Speaker 6: a very sort of charismatic African American prosecutor. He came
- 21:36Speaker 6: from Alabama. His dad was a minister. He clearly was
- 21:40Speaker 6: raised with this. He learned the language of preaching. Let's
- 21:46Speaker 6: put it that way.
- 21:47Speaker 5: Yes, yes, he was very theatrical, very theatrical, and was
- 21:51Speaker 5: very very effective and deployed that in the courts in Philadelphia,
- 21:57Speaker 5: and you know, in a very cynical way.
- 22:00Speaker 6: The District Attorney's office would bring him out and assign
- 22:04Speaker 6: these cases where race was clearly you know, they would
- 22:07Speaker 6: they would never they would never say it, but obviously
- 22:10Speaker 6: they would deploy him in a in a very you
- 22:13Speaker 6: know where race was a question.
- 22:15Speaker 2: I'll say exactly what it was for you, just for
- 22:20Speaker 2: the wrong for conviction listening audience, what Island has been
- 22:24Speaker 2: speaking to are the dirty tactics of the Philadelphia Police
- 22:28Speaker 2: Department Homicide Division. Threatening a witness is not uncommon. They
- 22:34Speaker 2: did it in Chester case, they did it in Anthony
- 22:36Speaker 2: Right case, they did it in Jimmy Dennis case. My
- 22:39Speaker 2: case right, and they would threaten the witness, tell them
- 22:42Speaker 2: they put him in jail, tell them they take away
- 22:44Speaker 2: their kids, so on and so forth. And then in
- 22:47Speaker 2: terms of Roger King, he would lie, he would cheat,
- 22:50Speaker 2: he was still, he would pay witnesses. He was nothing
- 22:53Speaker 2: more than an evil man.
- 22:57Speaker 6: He was very He was a very a moral person
- 23:00Speaker 6: and a very amorl prosecutor. So prosecutor's duty is to
- 23:04Speaker 6: do justice, and for Roger King, doing justice was winning
- 23:07Speaker 6: at all costs. There was no review, There was no reconsideration,
- 23:12Speaker 6: There was no reflection should new evidence come up. In
- 23:16Speaker 6: Chester's case, we found hidden at evidence that he hit
- 23:19Speaker 6: that was hidden in his file that he didn't turn over,
- 23:24Speaker 6: and then and then after the trial when it was discovered,
- 23:28Speaker 6: tried to say this was that he wasn't aware of
- 23:30Speaker 6: it, it was accidental. It was in his file with time
- 23:33Speaker 6: stamps that showed he had this before trial.
- 23:37Speaker 2: Justice, speak to me about your charges. What were you
- 23:40Speaker 2: charged with? And then subsequently when they took you to
- 23:44Speaker 2: the county prison. Because I want people to understand and
- 23:47Speaker 2: know that it is something to be in prison, period,
- 23:50Speaker 2: but it is a different animal when you are innocent.
- 23:53Speaker 2: Speak to that if you will.
- 23:55Speaker 7: I was more or less numb because I couldn't believe
- 23:58Speaker 7: that this was happening. You know what I'm saying. You
- 24:00Speaker 7: watch TV all the time.
- 24:01Speaker 4: You see all these different things on TV about these
- 24:03Speaker 4: police shows, and but you never see this. And I
- 24:06Speaker 4: asked one of the officers, I said, look, can I
- 24:08Speaker 4: use the phone? I said, I haven't got on the phone.
- 24:10Speaker 4: I call my mom. Well when I called, you know,
- 24:13Speaker 4: I was so relieved to hear a voice the phone.
- 24:15Speaker 4: It's like it was only half a ring. And she'd
- 24:17Speaker 4: already pill up the phone. And uh, even before I
- 24:19Speaker 4: could say anything, she had already told me because it
- 24:21Speaker 4: was all over the news. I said, well, we're gonna
- 24:23Speaker 4: need a lawyer, and she said, we're already working on it.
- 24:25Speaker 4: And I said, uh, we need the best lawyer. And uh,
- 24:29Speaker 4: you know, I'm crying back and forth, we both crying.
- 24:31Speaker 4: My mom, we crying. But at the same time, I'm
- 24:33Speaker 4: realizing I can't keep crying. Just you know, being here,
- 24:36Speaker 4: I knew that much. So, uh, she said, we're gonna
- 24:40Speaker 4: get a lawyer. Well, you know, we're gonna get you
- 24:42Speaker 4: out of there. So I'm believing that. And I didn't
- 24:44Speaker 4: know the uh you know what murder charges carried.
- 24:48Speaker 7: I ain't know.
- 24:48Speaker 4: I was looking at life. I ain't none of that.
- 24:49Speaker 4: I just knew it was. It was bad, and I
- 24:52Speaker 4: ended up going to d C. D C had no cells,
- 24:56Speaker 4: and they put me in this hallway and we were
- 24:58Speaker 4: just lying. There was this guy's lined up in this
- 25:01Speaker 4: hallway and I'm sleeping on the floor and you know,
- 25:05Speaker 4: I'm just looking around like.
- 25:06Speaker 7: This cannot be happening. I was there. I was only
- 25:08Speaker 7: in DC for I think it was two days.
- 25:10Speaker 4: And they told me, because I had a homicide and
- 25:14Speaker 4: it was a high profile homicide, that I was gonna
- 25:17Speaker 4: be moved to Holmesburg Prison and.
- 25:18Speaker 2: That is the roughest county prison in Phila. Dulph is
- 25:22Speaker 2: the worst of the worst.
- 25:24Speaker 7: And I didn't know that at the time.
- 25:26Speaker 4: And as soon as I walked on the block, I
- 25:27Speaker 4: saw my face on the TV and I see like
- 25:30Speaker 4: the whole block just got quiet, and everybody's looking back
- 25:34Speaker 4: at me, and I'm like, oh my god. So they
- 25:37Speaker 4: take me and they put me in the cell all
- 25:38Speaker 4: the way in the back, and they gave me a
- 25:40Speaker 4: single cell by myself, and then I was in the
- 25:42Speaker 4: cellf maybe ten minutes, and these old three old guys
- 25:46Speaker 4: came into the cell, you know, and open the gate.
- 25:48Speaker 4: You know, I'm thinking, first thing in my mind is
- 25:50Speaker 4: they were about to attack me, you know, and you
- 25:52Speaker 4: know that's what I'm thinking. And it was three old
- 25:55Speaker 4: Muslim guys and they came in there and they just
- 25:57Speaker 4: basically told me. And we saw your situation on the TV,
- 26:00Speaker 4: he says, listening. He said, you're gonna be right. And
- 26:02Speaker 4: they gave me to run down to the block. They said, look,
- 26:03Speaker 4: mind your business. You know what I mean, respect one another.
- 26:06Speaker 4: You know what I'm saying, don't look at nobody's sell.
- 26:08Speaker 4: That's and that's what I got. That that was my lesson.
- 26:11Speaker 2: They gave you the layer of land and you you
- 26:14Speaker 2: were very fortunate to have those good Muslim brothers. Uh.
- 26:19Speaker 2: I wish you knew their names so we could call
- 26:21Speaker 2: their names out. So when you get to trial, you know,
- 26:25Speaker 2: now know that you are going to trial, how does
- 26:28Speaker 2: that make you feel?
- 26:30Speaker 4: So I was real hopeful, you know, I said, there's
- 26:32Speaker 4: no way a jury can find me, you'd sic because
- 26:35Speaker 4: the jury isn't corrupt like the police officers, and the
- 26:38Speaker 4: district turns up that these are people of my peers.
- 26:41Speaker 4: So I held out a little bit more hope. Uh So,
- 26:44Speaker 4: you know, preparing for trial, you know, watching the whole
- 26:47Speaker 4: process unfold, and I'm listening to Roger King. I'm watching
- 26:50Speaker 4: all his movements and listening to his all his antics.
- 26:53Speaker 7: You know.
- 26:53Speaker 4: I said, man, this is gonna be a battle right here.
- 26:56Speaker 4: And I was just wondering, you know, if my attorney
- 26:59Speaker 4: at that time was time was up for it. I
- 27:01Speaker 4: just didn't, you know. I know, they came to me
- 27:04Speaker 4: with a deal, you know, offer me like the five
- 27:07Speaker 4: to ten. They were like, listen, just take the deal,
- 27:11Speaker 4: you know, and give up a shooter and you know
- 27:15Speaker 4: you got three years left and you'll be home.
- 27:17Speaker 2: Let me speak to that real quick though, because that's
- 27:20Speaker 2: another tactic. Every single one of us who had a
- 27:25Speaker 2: high profile case was offered a deal, and every single
- 27:30Speaker 2: one of us, Exonna Reeves in Philadelphia, said no. And
- 27:35Speaker 2: that's what you did. Chester.
- 27:36Speaker 3: Once again, this.
- 27:38Speaker 2: Speaks to his innocence, but it speaks strongly to his character.
- 27:44Speaker 6: So I'll just say this, the deal that was offered
- 27:47Speaker 6: was a phenomenal deal given the jeopardy that Chester faced.
- 27:52Speaker 6: Life without parole in Pennsylvania is life without parole. There's
- 27:55Speaker 6: no there's no loophole, there's no escape valve. I mean,
- 28:00Speaker 6: there are innocent people who would have taken that deal,
- 28:02Speaker 6: I can assure you, given the fear of facing life
- 28:07Speaker 6: in jail. So it's no small bit of bravery not
- 28:11Speaker 6: to take that. I'll just say that.
- 28:13Speaker 2: And for me, that's why Chester is in my phone
- 28:16Speaker 2: as a champion. He's a brave guy. So that's no
- 28:20Speaker 2: small feat. Roger King presents the state's case. And they
- 28:27Speaker 2: have the victim's friend who was standing next to him
- 28:30Speaker 2: when the robbery and murder happened. They have Andre Dawkins,
- 28:34Speaker 2: whom they were paying to lie for them, and they
- 28:39Speaker 2: have your friend Ddre who they threaten to get this statement. Alan.
- 28:44Speaker 2: Let's talk about the defense and what did Chester lawyer
- 28:49Speaker 2: gerald Stein present.
- 28:51Speaker 6: So I thought Jerry did a good job, very good
- 28:55Speaker 6: job with what he had. He cross examined Andre Dawkins
- 28:58Speaker 6: very effectively. Again for what he had, he didn't have
- 29:01Speaker 6: all of his backgrounds.
- 29:03Speaker 2: Chester. Were you when you were sitting there in that
- 29:06Speaker 2: courtroom and you had all these lies being bandied about
- 29:11Speaker 2: about you? How did you feel that your attorney had
- 29:15Speaker 2: done for you and his representation of you?
- 29:18Speaker 7: Looking back?
- 29:19Speaker 4: I mean, you know, and going back to that moment,
- 29:22Speaker 4: you know, it's all new to me, Jimmy, you know
- 29:24Speaker 4: what I'm saying, it's all new. So I'm watching it
- 29:26Speaker 4: as it unfolds, and I'm hearing it. I'm knowing these
- 29:29Speaker 4: are lies, and you know, at this point, I'm just
- 29:31Speaker 4: like it was a fifty to fifty like Alan said,
- 29:34Speaker 4: you know, I think he did the best of what
- 29:36Speaker 4: he could, you know, with what he had. But the
- 29:41Speaker 4: thing for me and gerald Stein where we differ was
- 29:44Speaker 4: that I wanted to testify, and I was very adamant
- 29:47Speaker 4: on testifying, but gerald Stein had told me that I
- 29:51Speaker 4: wasn't going to testify, and he told me that he
- 29:54Speaker 4: was going to relinquish hisself from the case if I testified.
- 29:57Speaker 4: So my mom and my grandmother, you know, they were
- 30:01Speaker 4: so trusting of you know, the attorney who we don't know.
- 30:05Speaker 4: But I said, okay, I said, you know, I said,
- 30:06Speaker 4: I'm gonna trust this. I said okay.
- 30:08Speaker 7: And I didn't end up testifying.
- 30:10Speaker 2: You would literally put in a no win situation because
- 30:13Speaker 2: here it is, the decision was yours, because it's your life,
- 30:18Speaker 2: your life.
- 30:19Speaker 4: He said that Roger King will tell your part. He
- 30:23Speaker 4: did say that but my whole, my whole mindset was
- 30:25Speaker 4: always from the very beginning, was I have nothing to hide, man,
- 30:29Speaker 4: I have nothing to hide.
- 30:30Speaker 2: And you just want the jury and everyone in courtroom
- 30:33Speaker 2: to know the truth. I get it, I totally get it.
- 30:37Speaker 6: I was gonna say, Jimmy, I was just gonna say,
- 30:39Speaker 6: like the conventional wisdom, and this is, you know, what
- 30:42Speaker 6: you learned coming up is it's better not to testify.
- 30:46Speaker 6: Once you exercise your right to testify, in some large way,
- 30:50Speaker 6: the case becomes a referendum on your testimony. It's generally
- 30:54Speaker 6: perceived to be a very risky move. One bad answer
- 30:57Speaker 6: or you get into a bad little line of question
- 31:00Speaker 6: and you may have a strong case, but you could
- 31:02Speaker 6: lose jurors because now they think you're not being honest
- 31:06Speaker 6: or you don't have a good answer for one thing.
- 31:08Speaker 6: There's a lot of people doing a lot of time
- 31:10Speaker 6: because they chose to exercise their right to testify.
- 31:13Speaker 4: Like I just felt like all these negative things have
- 31:17Speaker 4: been said about me that you know, and I haven't
- 31:20Speaker 4: had an opportunity to say anything. This was my one opportunity,
- 31:23Speaker 4: and I was willing to take the chance. I said,
- 31:25Speaker 4: they gave me the.
- 31:26Speaker 7: Death penalty in life whatever, I didn't care. I said,
- 31:29Speaker 7: you know, I want to be at sing and fight
- 31:31Speaker 7: for myself. Even after we found guilty, I didn't never
- 31:34Speaker 7: got to speak till after I got out of prison.
- 31:37Speaker 7: This is twenty eight years later, So twenty eight years
- 31:39Speaker 7: of silence.
- 31:41Speaker 2: We all on wrong for conviction. Wanted to have you
- 31:44Speaker 2: on here was to give you a voice that you
- 31:47Speaker 2: hadn't had for so many years. And so we are
- 31:50Speaker 2: immensely glad that you and island that showed up to death.
- 31:54Speaker 2: Tell me about when you were finally when you would
- 31:59Speaker 2: convict at Trialchester and uh was your family in the courtroom,
- 32:06Speaker 2: How did everybody feel? And what happened that day when
- 32:09Speaker 2: the jury came back with their verdict.
- 32:13Speaker 4: Man, that was ah, yeah, that was that was That
- 32:18Speaker 4: was uh, you know, I think the roughest day of
- 32:20Speaker 4: my life. Actually, uh, my fate of my my future
- 32:24Speaker 4: was right here in these people's hands. And you know,
- 32:27Speaker 4: listening to Roger King make his his final argument and
- 32:31Speaker 4: you know, my attorney and I was just like, you know,
- 32:34Speaker 4: this can go either way, you know, cause I'm sitting
- 32:36Speaker 4: here and knowing I'm innocent, but at the same time
- 32:38Speaker 4: I'm listening to Roger King, and I'm like, you know,
- 32:40Speaker 4: he got me questioning myself, you know, because his his
- 32:43Speaker 4: his his closing argument was just ridiculous, you know what
- 32:46Speaker 4: I'm saying.
- 32:46Speaker 7: I'm just like, did I do it? You know, because
- 32:49Speaker 7: it was just that compelling.
- 32:51Speaker 2: I very well know that he came and pulled out
- 32:55Speaker 2: all the stops and probably even told the jury and
- 32:58Speaker 2: everyone in the courtroom that it was a society's right
- 33:03Speaker 2: to convict you that if they didn't, they were basically
- 33:06Speaker 2: letting a criminal back on the streets. Because that's what
- 33:10Speaker 2: he has did in every single closing argument, tried to
- 33:13Speaker 2: get the public to take up arms for justice and
- 33:17Speaker 2: convict an innocent person.
- 33:20Speaker 7: Yeah.
- 33:20Speaker 4: So, after after after conclusion of all that, you know, uh,
- 33:23Speaker 4: you know, I looked at East juror and.
- 33:25Speaker 7: The jury foreman.
- 33:28Speaker 4: He looked at me and he winked, you know, and
- 33:30Speaker 4: gave me like a you know, heads like a head nod,
- 33:32Speaker 4: and I'm like, okay, maybe maybe they do believe, you know,
- 33:35Speaker 4: And they went out, and uh, I think it was
- 33:38Speaker 4: maybe like a day and a half. When they came
- 33:40Speaker 4: back in, no one looked at me.
- 33:43Speaker 7: You know.
- 33:43Speaker 4: It wasn't the same as when they went out. So
- 33:46Speaker 4: my heart immediately fell, you know, into my stomach, and
- 33:50Speaker 4: I'm just like, this is not gonna be good.
- 33:52Speaker 7: But I still was holding on this a little bit
- 33:54Speaker 7: of hope.
- 33:55Speaker 4: So the judge you know, read off his spell and
- 33:57Speaker 4: then uh, you know, he asked for a verdict and
- 34:01Speaker 4: they came back and they read a first degree and
- 34:03Speaker 4: it was it was not guilty.
- 34:05Speaker 7: So I was excited. I'm like, okay, all right, maybe
- 34:07Speaker 7: this is you know, I'm like okay. I had hope.
- 34:09Speaker 4: Then when they said second degree and they said.
- 34:15Speaker 7: So hm hm now they said they said guilty, and
- 34:25Speaker 7: you know, I was just like, you know how, how
- 34:30Speaker 7: you know how? And then they read off the other
- 34:32Speaker 7: charges murdering. You know, I just I didn't understand. And
- 34:37Speaker 7: I turned around. I looked at my mother, and my
- 34:40Speaker 7: mother's face was just like I can still see it
- 34:43Speaker 7: so clear. I mean, she was just like she was devastated.
- 34:46Speaker 7: You know. My father he was just sitting there, you know,
- 34:49Speaker 7: but my mom's face as well.
- 34:50Speaker 4: I'll never forget. So after that, I just did I
- 34:55Speaker 4: heard nothing else. I remember my knees buckled a little
- 34:58Speaker 4: bit and I fell down a little bit, and and
- 35:00Speaker 4: they asked me if I had anything to say, and
- 35:02Speaker 4: I told her judge, they got it wrong. I said,
- 35:04Speaker 4: you know, this is this is wrong. That said, you know,
- 35:09Speaker 4: I said, I've never lied, you know about my innocence,
- 35:12Speaker 4: you know, and I read it all down and you
- 35:16Speaker 4: know he had but he never even didn't hear nothing.
- 35:18Speaker 7: I said. That was a rap.
- 35:31Speaker 2: I guarantee.
- 35:32Speaker 3: I listen to audience.
- 35:34Speaker 2: If you go and look at everybody trial transcripts who's
- 35:39Speaker 2: been on wrong for conviction, you will see that when
- 35:42Speaker 2: they sentenced us, that we stood before that judge and
- 35:47Speaker 2: we sat once again, you're getting it wrong. We're innocent,
- 35:51Speaker 2: we didn't do it, we don't belong here, so and
- 35:54Speaker 2: so forth. Talk to me Chester about your after all
- 36:00Speaker 2: the years go by, what was your lowest point being
- 36:04Speaker 2: incarcerated upstate? And then we'll get to what your highest
- 36:07Speaker 2: point was. But I want the audience to know what
- 36:09Speaker 2: was your lowest point in prison for something you didn't do.
- 36:13Speaker 4: There were many low low points. I think the entire
- 36:17Speaker 4: twenty eight year was a low point. But I think
- 36:20Speaker 4: my lowest point was, uh, I was losing my mom,
- 36:24Speaker 4: you know, because she had been my strongest advocate, my
- 36:26Speaker 4: my biggest supporter, and she was like everything everything to me.
- 36:31Speaker 4: And when you lose a loved one, it's it's gonna
- 36:33Speaker 4: be tough, really in prison or not. But being in prison,
- 36:37Speaker 4: you know, it's I think it's even harder because, like
- 36:40Speaker 4: I said, you know, this is the one person I
- 36:42Speaker 4: would I would get anything for my life, you know,
- 36:44Speaker 4: and did everything for me. And to go back into
- 36:47Speaker 4: that block and not be able to cry and shed
- 36:48Speaker 4: a tear and show this weakness, you know, it was
- 36:52Speaker 4: it was it.
- 36:53Speaker 2: Was hard, right, you can't do that in prison, right,
- 36:56Speaker 2: you couldn't even grieve.
- 36:58Speaker 4: My mom had always told me, you know, I talked
- 37:00Speaker 4: my mom every day. If there's a way to will
- 37:02Speaker 4: there was a way to go.
- 37:03Speaker 7: On that phone.
- 37:04Speaker 4: I got on the phone and I called her every
- 37:05Speaker 4: day and she always told me every day at the
- 37:08Speaker 4: end of the phone called do not lose yourself. And
- 37:11Speaker 4: she told me that every single phone call, do not
- 37:14Speaker 4: lose yourself. And uh, you know, and then begin I
- 37:17Speaker 4: didn't know that you know what that meant. But as
- 37:19Speaker 4: time went on, I said, okay, just be the man
- 37:22Speaker 4: and I raised you to be, and uh, you know
- 37:24Speaker 4: that's all I tried to do. Man, you know, I said,
- 37:26Speaker 4: these people have smeared my name. They've taken my freedom.
- 37:30Speaker 4: I said, you know, I'm going to show them that
- 37:32Speaker 4: they're wrong, you know. So I just tried to move
- 37:34Speaker 4: by my actions and carry myself in a way that
- 37:37Speaker 4: would speak louder than my voice could speak.
- 37:41Speaker 2: Did you take any classes? Did you did you immerse
- 37:44Speaker 2: yourself in the law? Did you did you have any
- 37:47Speaker 2: hobbies to make the time go by while you were
- 37:51Speaker 2: fighting to prove your innocence?
- 37:53Speaker 4: You know, I definitely immersed myself into the law. I
- 37:56Speaker 4: read a lot of books, did a lot of working out.
- 38:00Speaker 7: You know.
- 38:00Speaker 4: Matter of fact, I worked out more and probably than
- 38:02Speaker 4: than I did eating. I was I was actually the
- 38:05Speaker 4: strongest guy in the prison.
- 38:06Speaker 6: You know.
- 38:06Speaker 4: I had broken so many different records you just trying
- 38:09Speaker 4: to take because I was that anger was being directed
- 38:12Speaker 4: towards these weights. So I was benching like four fifty
- 38:15Speaker 4: five and it's crazy, you know, but what do you
- 38:18Speaker 4: mention that?
- 38:19Speaker 6: What do you mention now?
- 38:21Speaker 7: Maybe one thirty five? You know.
- 38:25Speaker 4: Yeah, But it was all about just trying to stay
- 38:27Speaker 4: you know, stay sharp the mind and physically. You know,
- 38:30Speaker 4: I said, this is going to be a long fight,
- 38:32Speaker 4: so I wanted to, you know, keep my wits about
- 38:34Speaker 4: me and my physical health. So I did everything I
- 38:37Speaker 4: could to keep both sharp.
- 38:40Speaker 2: So kind of summarize what happened in these twenty five years,
- 38:45Speaker 2: you know, because there were pills based on recantations by
- 38:50Speaker 2: Deirdre Jones and Andre Dawkins, and all of those are
- 38:53Speaker 2: pills were denied. So I know that it had to
- 38:56Speaker 2: be such a deabilitating process for you and were looking bleak,
- 39:01Speaker 2: but you were holding on to hope. Tell me about
- 39:03Speaker 2: when you knew that the ebbs of life were turning
- 39:07Speaker 2: in your favor. Talk to me a little bit about that,
- 39:10Speaker 2: chester about when things start to turn in your favor.
- 39:14Speaker 7: I'm gon say, maybe my twenty fourth my twenty fifth year,
- 39:17Speaker 7: maybe things I think started to you know, there's more talk,
- 39:20Speaker 7: and I think my case was on the front page
- 39:22Speaker 7: of the Daily News and all the staff had it
- 39:26Speaker 7: and inmates had it, and I'm like, maybe there's you know,
- 39:29Speaker 7: maybe things are starting to move.
- 39:31Speaker 2: And so this is right around the time when Larry
- 39:33Speaker 2: Krasner gets elected. This was a huge day for people
- 39:39Speaker 2: in Philadelphia because we had never had a district attorney
- 39:44Speaker 2: speak loudly and clearly about innocent people being in prison
- 39:50Speaker 2: and trying to right those wrongs. And one of the
- 39:54Speaker 2: most important things he did was he hired Patricia Cummins
- 39:57Speaker 2: to have the conviction integrity. She becomes his number one. So, Alan,
- 40:03Speaker 2: tell me about when that process took place, in the
- 40:07Speaker 2: petition that you wrote and got in front of Patricia Cummins,
- 40:12Speaker 2: and how all that came to be.
- 40:14Speaker 6: I had our petition drawn up, she comes in. I
- 40:17Speaker 6: think I walked over there and handed it to her
- 40:19Speaker 6: the day after she started. So she called me about
- 40:22Speaker 6: two weeks later and said, you know, I read your letter.
- 40:25Speaker 6: We're very interested in this case. We're definitely going to
- 40:28Speaker 6: take this up, and I've ordered the homicide file for
- 40:30Speaker 6: you to review, which that came in about a month later.
- 40:33Speaker 6: And then we found that other evidence in the homicide file.
- 40:36Speaker 6: I opened the file and what was, without a question,
- 40:40Speaker 6: like the Perry Mason moment of my life. I pull
- 40:42Speaker 6: a folder out. The first thing is pull this folder out.
- 40:45Speaker 6: It's a memo from a police officer who manned the
- 40:48Speaker 6: tip line the night of the crime. They received an
- 40:53Speaker 6: anonymous tip essentially identifying Denise Combs as the driver of
- 40:58Speaker 6: the getaway cars. I said in the beginning, there were
- 41:01Speaker 6: three rented Chevy Blazers with the same tag roughly the
- 41:04Speaker 6: same tag, but Denise in rent was the name on
- 41:07Speaker 6: the rental agreement for the one of the other vehicles.
- 41:10Speaker 6: And you know, we believed she was involved. We spent
- 41:14Speaker 6: a long time looking for her. Not that it was
- 41:17Speaker 6: not that easy to find her, believe it or not.
- 41:20Speaker 6: But when we did, she was very welcoming and we
- 41:22Speaker 6: spoke to her many on numerous occasions. I mean, she
- 41:26Speaker 6: never admitted involvement in the case, but she said a
- 41:28Speaker 6: lot of things that were kind of astonishing. Actually, in
- 41:32Speaker 6: one of the interviews, she said, I once out of
- 41:34Speaker 6: thirty eight we had to get rid of because there
- 41:37Speaker 6: was a quote unquote body on it, and of course
- 41:40Speaker 6: thirty eight was used in this case. That was the
- 41:44Speaker 6: gun used in this case. And she says this to us,
- 41:47Speaker 6: and that memo with the information the anonymous tip identifying
- 41:53Speaker 6: her gets buried in the homicide file never turned over.
- 41:57Speaker 2: So Alan, bring me to the day when you know
- 42:00Speaker 2: that Chester is going to be released. Tell me how
- 42:03Speaker 2: you felt, Tell me how his family felt. Tell me
- 42:06Speaker 2: were you able to reach out to Chester and let
- 42:08Speaker 2: him know that she was coming to get.
- 42:10Speaker 6: We go to this hearing the judge ordered this hearing.
- 42:13Speaker 6: We didn't know she was going to release Chester that day.
- 42:15Speaker 6: We just thought she had some questions. And she asked
- 42:18Speaker 6: us a handful of question, says well, I want to
- 42:20Speaker 6: release him today.
- 42:21Speaker 7: Can you give me an order?
- 42:22Speaker 6: And Patricia comings, you know, the DA and I look
- 42:25Speaker 6: at each other like yeah. We sit down and we
- 42:27Speaker 6: write a hand rated order, you know, give it to
- 42:29Speaker 6: the judge and she signs it and faxes it up
- 42:33Speaker 6: to the prison. And then it was like we all
- 42:35Speaker 6: jump in our cars. I called Chester's family. We all
- 42:39Speaker 6: jump in our cars and we're like, you know, it
- 42:41Speaker 6: was like the amazing race we're trying to get who's
- 42:44Speaker 6: going to get to the prison first.
- 42:45Speaker 2: You know, that's an incredible story, that's an incredible moment
- 42:49Speaker 2: for you as an attorney, and I just want to
- 42:51Speaker 2: say thank you for being a vessel that helped reunite
- 42:56Speaker 2: Chester with his family. What you did was no, no
- 43:00Speaker 2: short of being heroic. Chester, How did you feel about that?
- 43:06Speaker 2: When Alan is telling you, even before you got released,
- 43:09Speaker 2: how did you feel about that?
- 43:11Speaker 4: It wasn't really until I got across that bridge that
- 43:14Speaker 4: you know, my shoulders straightened up a little bit, because
- 43:16Speaker 4: you know, as you already know, Jimmy, you know what
- 43:18Speaker 4: I mean. I'm twenty eight years in and you know,
- 43:22Speaker 4: I hear the talk and I hear all the rumblings,
- 43:24Speaker 4: but at the same time, it's like, I'm still here.
- 43:26Speaker 4: You know that that morning when they called me back
- 43:28Speaker 4: to the block and uh, the counselor called me upstairs,
- 43:31Speaker 4: she says, I need you to pack your stuff. You're
- 43:34Speaker 4: gonna be going home tomorrow morning.
- 43:36Speaker 7: You know. I thought she's playing.
- 43:37Speaker 4: So I get over there and she says, uh, uh
- 43:41Speaker 4: the judge is called and uh, they're releasing you today.
- 43:44Speaker 4: So I'm just like how, you know how, and she's like,
- 43:49Speaker 4: I don't know, but you're going home, you know. And
- 43:51Speaker 4: it's just like, you know, you don't you don't you
- 43:55Speaker 4: know your hope, but you don't, you know, you don't believe.
- 43:57Speaker 4: It's just you know what I mean. So it was
- 43:59Speaker 4: just everything. I'm just so surreal, you know. And before
- 44:02Speaker 4: I can get back to my cell, which is on
- 44:03Speaker 4: the other side of the block, the whole jail had
- 44:05Speaker 4: already already found out, and I had white shirts, captains, sergeants,
- 44:11Speaker 4: you know, everybody coming to myself congratulate me.
- 44:14Speaker 7: And I didn't have it. I didn't have an opportunity
- 44:15Speaker 7: to really process it, you know. So now the captain
- 44:19Speaker 7: of security, he's telling me you have to get outside,
- 44:21Speaker 7: you have to get out to the prison because now
- 44:23Speaker 7: you're considered a civilian. I'm like, cat, I just been
- 44:25Speaker 7: here twenty five years. Now you tell me I got
- 44:27Speaker 7: to go. He's yeah, you got twenty minutes. So they
- 44:29Speaker 7: gave me twenty minutes to prepare myself to leave a
- 44:33Speaker 7: place where I've just spent majority of my life. I
- 44:37Speaker 7: just couldn't believe it. And then I get outside.
- 44:39Speaker 4: And my sister and my father and my uncle right
- 44:41Speaker 4: there in the lobby, and it was just like you know,
- 44:44Speaker 4: and I still couldn't believe it, you know, I said, man,
- 44:48Speaker 4: you know.
- 44:48Speaker 7: And when we.
- 44:49Speaker 4: Finally got across the bridge and I got out the car,
- 44:52Speaker 4: and I looked back at the prison, and that's when
- 44:54Speaker 4: it hit me, like, you know, finally, you know, like
- 44:58Speaker 4: you know, and what've so much about being and free
- 45:01Speaker 4: just about I mean, that's the main thing. But them
- 45:04Speaker 4: finally hearing my voice and believe in me, you know.
- 45:07Speaker 2: Right your dad, truth came out. I can tell you
- 45:10Speaker 2: first hand. When you are in prison, all you want
- 45:14Speaker 2: is for someone, anyone to see who you truly are
- 45:19Speaker 2: as a human being, because you don't belong it. Chester.
- 45:22Speaker 2: Tell me about your life now, and I hear you
- 45:26Speaker 2: have an incredible friend that piles around which you tell
- 45:31Speaker 2: me about that a little bit.
- 45:32Speaker 7: Yeah, I was. I was.
- 45:34Speaker 4: I was very fortunate, you know. Prior to being released,
- 45:38Speaker 4: I worked in activities department at retreat and they had
- 45:41Speaker 4: a dog program where they were we would get dogs
- 45:44Speaker 4: from Lazerne County SPCA and they would bring dogs in
- 45:48Speaker 4: inmates to train and we had a six month old puppy.
- 45:53Speaker 4: It was a puggle, very tiny, very tiny. Like I said,
- 45:56Speaker 4: I watched this dog for for months, you know what
- 45:59Speaker 4: I mean, time she was there and uh, you know,
- 46:02Speaker 4: once things started pregnant about my case, the activities managers
- 46:06Speaker 4: Todd Quebeca, he was actually in charge of the dog
- 46:08Speaker 4: program anyway. He says, if things ever work out for you,
- 46:11Speaker 4: I want you to take one of these dogs. I
- 46:13Speaker 4: think you should take Buttons. The dog's name was Buttons
- 46:15Speaker 4: at the time. So I was like, nah, I said,
- 46:18Speaker 4: if I get out, the last thing I want to
- 46:20Speaker 4: do is take care of a dog. You know, I'm
- 46:22Speaker 4: you know, that's the last thing I'm trying to do
- 46:24Speaker 4: so you know. Uh that that day came and I
- 46:27Speaker 4: found I was leaving. I was like, he said, you
- 46:30Speaker 4: need to take this dog. And I was like all right,
- 46:33Speaker 4: And I came brought her home and we renamed her,
- 46:35Speaker 4: uh Journey, and uh, she's upstairs right now, and I
- 46:39Speaker 4: and I got and I gotta say this, man, you know,
- 46:42Speaker 4: you know, God does things.
- 46:43Speaker 7: You know, just it's just it's just the way things happen.
- 46:45Speaker 4: Man, It's just you know, this dog really, like I think,
- 46:48Speaker 4: saved my life because it's been rough out here, you
- 46:51Speaker 4: know for me, and you know, so you know, just
- 46:53Speaker 4: having her and knowing what we came through and we'll
- 46:56Speaker 4: be you know, where we're at now.
- 46:57Speaker 7: It's just been a you.
- 46:59Speaker 4: Know, saving grace for me. And as far as where
- 47:03Speaker 4: I'm at now, you know, you know, the main people
- 47:05Speaker 4: know about the settlement. You know that was that occurred.
- 47:08Speaker 4: You know, that brought on a whole nother layer to
- 47:11Speaker 4: my life. A lot of difficulties with that because like
- 47:13Speaker 4: they say, more money brings more problems and uh, and
- 47:17Speaker 4: that is the truest statement I think I've ever heard
- 47:18Speaker 4: in my life. I'm not complaining about my life because
- 47:20Speaker 4: you know, like I said, where we came through and
- 47:22Speaker 4: we had to overcome to where we are now. You know,
- 47:25Speaker 4: I just I take it all in stride and I'm
- 47:26Speaker 4: grateful for it all. But at the same time, man,
- 47:29Speaker 4: it's it ain't as easy as people may think, you know,
- 47:33Speaker 4: going through all that, and then they think because they
- 47:35Speaker 4: give you the money that life is good now, and uh,
- 47:38Speaker 4: you know, you know, it's just it's a lot to process.
- 47:42Speaker 2: You and I, you know, uh talk about these things often,
- 47:46Speaker 2: and I know you have a great deal of wisdom.
- 47:49Speaker 2: I want to know what you think I were wrong
- 47:51Speaker 2: for conviction audience can do to help people like us
- 47:55Speaker 2: and stop this from happening to other people.
- 47:58Speaker 4: Well, and only the first thing that comes to mind
- 47:59Speaker 4: is getting out to vote. You know, these politicians that
- 48:02Speaker 4: are you know, that have been there in these uh
- 48:04Speaker 4: uh forever with these old school mentality uh, you know,
- 48:10Speaker 4: people who don't believe in justice. I mean, I don't understand,
- 48:13Speaker 4: you know, I have a hard time understanding how you
- 48:17Speaker 4: know people are so hard on line Christ. No one's perfect.
- 48:20Speaker 4: We know that already, you know, but you know, just
- 48:23Speaker 4: seeing a few of the things that he's done in
- 48:25Speaker 4: terms of trying to right the wrongs. You know, you
- 48:27Speaker 4: know innocence product. You know it's one thing you know
- 48:30Speaker 4: to get involved with innocince product. But there's only so
- 48:32Speaker 4: much we can do there.
- 48:33Speaker 3: And Alan, do you have anything to add.
- 48:36Speaker 6: I'll say the same thing Chester just said. Vote and
- 48:39Speaker 6: I'll tell you we did everything. We got recantations, I
- 48:42Speaker 6: got news stories, we found the other witness. I found everything.
- 48:46Speaker 6: Did you know what made a difference? Larry Krasner got
- 48:49Speaker 6: elected and was willing to look at the evidence in
- 48:51Speaker 6: a different way. Politics is what made the difference, Jimmy,
- 48:55Speaker 6: you and Chester are free because of politics and the
- 48:58Speaker 6: old way of looking at things doing things. The old
- 49:01Speaker 6: way of running a DA's or prosecutor's office was not
- 49:04Speaker 6: going to ever change any of this. The only way
- 49:08Speaker 6: things are going to change is to is the is
- 49:11Speaker 6: the support and promotion of progressive prosecution. Period.
- 49:15Speaker 2: So, Chester, we have something on wrongful conviction called closing arguments.
- 49:19Speaker 2: So I'm going to hand this mic off to you,
- 49:22Speaker 2: and I want you to speak from your heart and
- 49:24Speaker 2: tell a wrongful conviction audience how you feel and what
- 49:27Speaker 2: you think.
- 49:28Speaker 4: Well, I mean, if I say anything, I was just like,
- 49:31Speaker 4: it's just about bringing awareness to uh wrongful convictions. You know,
- 49:37Speaker 4: prior to you know, me entering prison.
- 49:39Speaker 7: And and and and.
- 49:40Speaker 4: Seeing it firsthand, you know, I never would have thought
- 49:42Speaker 4: these things are possible. You know, you look on TV
- 49:45Speaker 4: and see people being arrested, and you know, they paint
- 49:48Speaker 4: this picture of guilt before innocence. And you know, I
- 49:52Speaker 4: just want people to be aware that before we jump
- 49:54Speaker 4: to conclusions and and you know, just to listen and
- 49:59Speaker 4: to the facts and and learn more about these types
- 50:02Speaker 4: of things. You know, in regards to the law itself,
- 50:07Speaker 4: these people have committed crimes, you know, these people that
- 50:09Speaker 4: allow these things to happen. Holding people accountable. To me,
- 50:13Speaker 4: it's more than anything. And these police officers that stole
- 50:17Speaker 4: my life, your life, just just make it, I say,
- 50:19Speaker 4: bringing awareness to these types of things. And you know,
- 50:23Speaker 4: I thank you guys for having me and Allen here today.
- 50:26Speaker 4: Thank you Jimmy. You know, you know I got a
- 50:27Speaker 4: lot of love for you. You know, whatever I can
- 50:29Speaker 4: do to help you, man, I'm always gonna be there
- 50:31Speaker 4: for you as well, you know, So I just thank you'
- 50:33Speaker 4: all for having.
- 50:34Speaker 2: Us, thank you for listening to Wrongful Conviction. I'm your
- 50:44Speaker 2: guest host, Jimmy Dennis. I like to thank our executive
- 50:48Speaker 2: producers Jason Flumm and Kevin Waters. The senior producer for
- 50:52Speaker 2: this episode is Jackie Pauley and our producers are Lilah
- 50:56Speaker 2: Robinson and Jeff Clydborne edit is Roxandra Guidy. The music
- 51:03Speaker 2: in this production is by three time OSCAR nominated composer
- 51:08Speaker 2: Jay Ralph. Be sure to follow us on Instagram at
- 51:12Speaker 2: Wrongful Conviction, on Facebook at Wrongful Conviction Podcast, and on
- 51:18Speaker 2: Twitter at wrong Conviction, as well as at Lava for Good.
- 51:23Speaker 3: On all three.
- 51:25Speaker 2: Platforms, you can find me on Facebook as Jimmy Dennis
- 51:29Speaker 2: on Instagram at Jimmy Dennis Music. I'm also an R
- 51:33Speaker 2: and B singer songwriter and you can find all my
- 51:36Speaker 2: music on iTunes.
- 51:37Speaker 3: Or wherever you get your music.
- 51:40Speaker 2: Wrongful Conviction is a production of Lava for Good Podcasts
- 51:44Speaker 2: in association with Signal Company Number one.
- 51:57Speaker 1: Next week, on the guest hosted episodes of Wrong Conviction,
- 52:00Speaker 1: Pulitzer Prize winning author Gilbert King will interview Robert Dubois
- 52:04Speaker 1: about being sentenced to die by electrocution for a crime
- 52:07Speaker 1: he didn't commit. Gilbert is the host of Lava for
- 52:11Speaker 1: Good's newest documentary podcast, Bone Valley, which follows the story
- 52:14Speaker 1: of Leo Schofield, a man wrongfully convicted for the murder
- 52:17Speaker 1: of his wife near Tampa, Florida. Leo is currently incarcerated
- 52:21Speaker 1: at Florida State Prison, the same prison where Robert Dua
- 52:25Speaker 1: was held for twenty eight long years. In this fascinating interview,
- 52:29Speaker 1: Gilbert will talk to Robert about the shoddy police work
- 52:32Speaker 1: and junk science that landed Robert on death row. Listen
- 52:35Speaker 1: next Monday in the Wrongful Conviction podcast Feed