Latest / Wrongful Conviction / #213 Jason Flom with Joe Bryan
Transcript
- 0:02Speaker 1: Beloved couple Joe and Mickey Bryan, who had no children
- 0:05Speaker 1: of their own, instead dedicated their lives to educating the
- 0:09Speaker 1: children of Clifton, Texas. But while Joe attended an annual
- 0:12Speaker 1: high school principal conference one hundred and twenty miles away
- 0:15Speaker 1: in Austin, tragedy struck on October fifteenth, nineteen eighty five.
- 0:20Speaker 1: After Mickey did not arrive at her fourth grade classroom
- 0:23Speaker 1: and could not be reached, her principal went to the
- 0:26Speaker 1: Brian home with Mickey's parents and found a gruesome crime scene.
- 0:30Speaker 1: Gunshots had spattered the walls, ceiling, and betting with Mickey's blood,
- 0:34Speaker 1: and friends drove a distraught Joe Briant home from Austin.
- 0:38Speaker 1: There were no witnesses, a missing gun and jewelry, a cigarette,
- 0:43Speaker 1: but in a non smoking home, it looked like a
- 0:46Speaker 1: burglary gone bat until Mickey's brother Charlie borrowed Joe's car
- 0:50Speaker 1: while home for the funeral and allegedly found a flashlight
- 0:54Speaker 1: in the trunk that tested positive for a few specks
- 0:58Speaker 1: of the most common blood type TYPEO, same as Mickey's.
- 1:02Speaker 1: The sheer absurdity of Joe racing from Austin to Clifton
- 1:07Speaker 1: and back unseen, free of physical evidence, and without a motive.
- 1:11Speaker 1: Was overcome by this one object that was found outside
- 1:15Speaker 1: of the crime scene, in a car that was not
- 1:18Speaker 1: in Joe's possession. Despite DNA testing, it cast doubt on
- 1:23Speaker 1: the flashlights connection to the crime scene, and evidence that
- 1:27Speaker 1: pointed squarely at a murderous police officer who later took
- 1:30Speaker 1: his own life. Joe Brian had to wait thirty five
- 1:34Speaker 1: long years for parole to finally set him free. This
- 1:38Speaker 1: is wrongful conviction with Jason Flamm. Welcome back to wrongful
- 1:54Speaker 1: conviction with Jason Flamm. That's me, of course, I'm your host.
- 1:57Speaker 1: And two and a half years ago I read a
- 2:00Speaker 1: profoundly troubling series of articles in The New York Times,
- 2:04Speaker 1: originally published in pro public of my Pam Collof, about
- 2:07Speaker 1: the astounding case of Joe Bran, who served thirty five
- 2:11Speaker 1: years in prison in Texas for a crime there is
- 2:15Speaker 1: a zero percent possibility that he ever could have committed.
- 2:19Speaker 1: And you'll find out why as we go along. And
- 2:22Speaker 1: it has haunted me ever since that day, and so
- 2:26Speaker 1: I'm just deeply honored to have the man himself, Joe
- 2:31Speaker 1: Brian all seventy nine years of age of him with
- 2:35Speaker 1: us today on the show.
- 2:36Speaker 2: So, Joe, you missed it a year? Oh did I
- 2:41Speaker 2: miss a year? I'm oh, happy birthday. He's eighty years old.
- 2:45Speaker 2: The congratulations.
- 2:47Speaker 1: Well, I'm sorry you're here because of why you're here,
- 2:50Speaker 1: but I'm very very happy and honored that you're here
- 2:53Speaker 1: and with Joe is a renowned attorney Jesse Freud, thank
- 2:57Speaker 1: you also for being here today on Raefel.
- 3:00Speaker 3: Thank you for including me. Appreciate it.
- 3:03Speaker 1: And I think this story is important for so many
- 3:06Speaker 1: reasons because if anyone in the audist is thinking, well,
- 3:09Speaker 1: that could never happen to me, If it could happen
- 3:11Speaker 1: to Joe, it could happen to you. And what I
- 3:13Speaker 1: mean by that is, Joe, you led not just an
- 3:16Speaker 1: exemplary life, but really a rich fulfilling life up until
- 3:20Speaker 1: this happened. And can you take us back all the
- 3:22Speaker 1: way to your childhood and how you grew up in a
- 3:24Speaker 1: small town in Texas, right.
- 3:26Speaker 4: Grew up in Waco, grew up on a farm, ran
- 3:29Speaker 4: animals and family, and headed absolutely wonderful childhood, tended church
- 3:35Speaker 4: regularly and looking back, I had a very idyllic.
- 3:38Speaker 1: Life, And how did you find your way into the
- 3:42Speaker 1: field of education at which you excelled right becoming ultimately
- 3:47Speaker 1: a really loved and revered educator in Clifton, Texas, the
- 3:53Speaker 1: principal of the school. But how did you make your
- 3:55Speaker 1: decision to get into education.
- 3:57Speaker 4: I always liked school, but at our church I started
- 4:01Speaker 4: playing the piano full time when I was thirteen, And
- 4:04Speaker 4: our church and our song leader was my principal at school,
- 4:07Speaker 4: and I had tremendous respect for him, and I guess
- 4:10Speaker 4: you could say that he is instrumental in guiding me
- 4:14Speaker 4: in that direction. So I've always lived and breathed and
- 4:18Speaker 4: thought education. Mickey and I were unfortunate enough not to
- 4:22Speaker 4: be able to have children. We both lived in breathed education.
- 4:27Speaker 4: I helped her with our listening plans, with grading papers.
- 4:30Speaker 4: We would discuss teaching objectives and gos and how to
- 4:34Speaker 4: reach them. Then it was great.
- 4:37Speaker 1: It sounds like it was. And from what I understand,
- 4:40Speaker 1: the high school, middle and elementary schools were all on
- 4:43Speaker 1: the same campus, and you were the high school principal
- 4:45Speaker 1: and Mickey was the fourth grade teacher, and the two
- 4:47Speaker 1: of you were obviously well known in the small town
- 4:50Speaker 1: of Clifton, having had a hand to the education of
- 4:53Speaker 1: so many of the people there. So your shared dedication
- 4:56Speaker 1: had made you to revered by parents and students alike,
- 5:00Speaker 1: which brings me back to my point that if a
- 5:02Speaker 1: beloved figure like yourself, who was leading an upstanding, fulfilling life,
- 5:07Speaker 1: if this could happen to you, then nobody out there
- 5:11Speaker 1: is safe because it could happen to anyone. And that
- 5:14Speaker 1: brings me to the next part of your story, which
- 5:16Speaker 1: of course is October fourteenth, nineteen eighty five. Now you
- 5:19Speaker 1: were out of town at an annual Texas Secondary School's
- 5:23Speaker 1: Principals conference one hundred and twenty miles away in Austin, Texas,
- 5:28Speaker 1: and this is a conference you who had attended for
- 5:30Speaker 1: the previous fourteen years. Mickey had seen her parents Otis
- 5:33Speaker 1: and Fira Blue that afternoon, as well as spoken to
- 5:36Speaker 1: you as you graded papers and watched the cmas in
- 5:40Speaker 1: your hotel room. The Country Music wards in Austin around
- 5:43Speaker 1: nine pm that night. So now the following day, October fifteenth,
- 5:46Speaker 1: nineteen eighty five, Mickey, who was usually the first one
- 5:49Speaker 1: to arrive at school, never did. The elementary school principal,
- 5:54Speaker 1: Rex Daniels, was obviously concerned so he called your home
- 5:57Speaker 1: and got no answer, So, knowing that you were in Austin,
- 6:01Speaker 1: he called Mickey's parents, Otis and Verra, who met him
- 6:04Speaker 1: at your home with the spare Key and her mother.
- 6:08Speaker 1: And this gives me the chills. Was the first to
- 6:10Speaker 1: see the horrific and bloody crime scene in your bedroom,
- 6:16Speaker 1: her daughter's body, Mickey's body laid across the length of
- 6:21Speaker 1: the bed. Her nightgown was drawn up to her thighs,
- 6:23Speaker 1: she was undressed from the waist down, and blood was
- 6:26Speaker 1: spattered on the bed, the ceiling, and all four walls
- 6:30Speaker 1: from apparent gunshots to the head and abdomen. And at
- 6:34Speaker 1: this point Rex led the Blues ODIs Everra to the
- 6:38Speaker 1: living room where they called the police. And then, of
- 6:40Speaker 1: course Joe, you received that awful, awful news.
- 6:45Speaker 3: So Joe is alerted to the discovery of her body
- 6:50Speaker 3: and to what happened to her. While he is in Austin,
- 6:53Speaker 3: several friends from Clifton drive down to get him because
- 6:56Speaker 3: of the distraught state he was in, and drive him
- 7:00Speaker 3: back to Clifton.
- 7:01Speaker 1: So the Texas Rangers led this investigation, as they often
- 7:04Speaker 1: did in rural towns like Clifton and Texas ranger Joe
- 7:07Speaker 1: Wiley interviewed you, Joe, and you answered all the questions,
- 7:12Speaker 1: telling them about the three fifty seven loaded with birdshot
- 7:15Speaker 1: that you kept in the bedroom, as well as a
- 7:17Speaker 1: cash box under the bed that usually held around one
- 7:20Speaker 1: thousand dollars.
- 7:21Speaker 2: Both of them were.
- 7:22Speaker 1: Reported missing at the time, as were Mickey's watch, wedding band,
- 7:25Speaker 1: and diamond ring. There were no witnesses, no neighbors reported
- 7:29Speaker 1: hearing anything, no obvious signs of forced entry, no bloody fingerprints,
- 7:33Speaker 1: no seamen found in the rake kit so there was
- 7:36Speaker 1: very little for the rangers to go on. Oddly, a cigarette, though,
- 7:40Speaker 1: was found on the kitchen floor. Now this is important
- 7:44Speaker 1: because Mickey didn't smoke, and neither did you, Joe. It
- 7:47Speaker 1: looked like a burglary gone bed. Now, Mickey's brother, Charlie Blue,
- 7:52Speaker 1: was the vice president of an agrochemical firm out of Florida.
- 7:54Speaker 1: He came to town with the investigator that the company
- 7:57Speaker 1: kept on retainer, an ex FBI agent named Bud Saunders. Now,
- 8:00Speaker 1: while Charlie was in town for Mickey's funeral, Joe lent
- 8:04Speaker 1: Charlie his car and somewhere along the few days in
- 8:09Speaker 1: which the car was in Charlie's possession. A flashlight with
- 8:12Speaker 1: reddish brown specs was allegedly spontaneously found in the trunk
- 8:18Speaker 1: of the.
- 8:19Speaker 3: Car, and so Joe's car is out of his possession
- 8:22Speaker 3: for a period of about five days, and then the
- 8:25Speaker 3: flashlight is discovered when the car is in Joe's brother
- 8:28Speaker 3: in law's possession. So the tipping point for and really
- 8:33Speaker 3: the only point that supported Joe's arrest, was the discovery
- 8:36Speaker 3: of the flashlight in his.
- 8:38Speaker 1: Car, and later DNA testing cast out on whether this
- 8:41Speaker 1: flashlight was ever even at the crime scene at all.
- 8:44Speaker 1: But nevertheless, unbeknownst to Joe at the time, a search
- 8:48Speaker 1: warrant of the car was executed and the flashlight was
- 8:51Speaker 1: sent to the state crime lab. Now this was nineteen
- 8:54Speaker 1: eighty five, so there was no DNA testing, just soroology,
- 8:57Speaker 1: and the testing done at the time determined that some
- 8:59Speaker 1: of us back actually were blood the most common blood type, oh,
- 9:04Speaker 1: which also happened to be Mickey's blood type. Now, those
- 9:07Speaker 1: speckles were found on an object that was not found
- 9:12Speaker 1: at the crime scene, but in one of the couple's
- 9:15Speaker 1: two cars, which was curiously not in Joe's possession. When
- 9:20Speaker 1: the flashlight was allegedly found bind you if Joe had
- 9:24Speaker 1: committed this crime, would he be using a flashlight to
- 9:28Speaker 1: find his way around his own home to sneak up
- 9:31Speaker 1: on his own wife. I mean, the state's theory is
- 9:35Speaker 1: absolutely ridiculous, and this is just one of the many
- 9:39Speaker 1: reasons why. So the car was not impounded, but rather
- 9:43Speaker 1: released to Charlie Blue, who left it in Joe's driveway.
- 9:48Speaker 1: So Joe has no idea that his car has been searched.
- 9:52Speaker 1: And this flashlight is the crux of the state's case,
- 9:57Speaker 1: supported by a few other pieces of extremely dubious evidence.
- 10:03Speaker 3: So their case really rested on four facts. The first
- 10:07Speaker 3: and most important was the discovery of the flashlight. The
- 10:10Speaker 3: second was a pair of what they said were semen
- 10:14Speaker 3: stained underwear discovered in Mickey and Joe's bathroom that at
- 10:18Speaker 3: the time in the eighties, they had said tested presumptively
- 10:22Speaker 3: positive for the presence of semen, and that was Joe's
- 10:27Speaker 3: blood type.
- 10:27Speaker 1: And I mean, it's his house, so to find what
- 10:30Speaker 1: maybe Joe's bodily fluids in his own home doesn't really
- 10:36Speaker 1: implicate him. I mean, it would incriminate an intruder, but
- 10:41Speaker 1: it's his freaking house.
- 10:44Speaker 3: Anyway continue, so it got flashlight underwear, a explanation that
- 10:49Speaker 3: Joe had given regarding opportunities for when the keys to
- 10:53Speaker 3: his vehicle were out of his possession. And then the
- 10:56Speaker 3: final point was the discovery of money in the trunk
- 11:01Speaker 3: of his car following its return to him from his
- 11:04Speaker 3: brother in law.
- 11:05Speaker 1: So the money that was initially reported missing from the
- 11:08Speaker 1: cash box under the bed didn't turn up when the
- 11:10Speaker 1: search of the car was conducted either, but rather Joe
- 11:14Speaker 1: reported finding the cash after the fact. It was eight
- 11:17Speaker 1: hundred and fifty dollars of the usual one thousand, and
- 11:20Speaker 1: Joe reported this to the authorities, remembering that he and
- 11:23Speaker 1: Mickey had taken the money to go shopping in Waco,
- 11:27Speaker 1: and somehow they were like, wait, maybe he's hiding something,
- 11:30Speaker 1: And so they try to use this to show motive
- 11:33Speaker 1: that Joe wanted to either steal from his wife right
- 11:38Speaker 1: or that he initially hid the cash to make it
- 11:41Speaker 1: seem like.
- 11:42Speaker 2: There was a robbery.
- 11:43Speaker 1: But neither of those theories holds any water whatsoever. I mean,
- 11:48Speaker 1: he'd either be robbing himself because they're married, or if
- 11:53Speaker 1: he wanted the crime scene to look like a robbery,
- 11:56Speaker 1: why in the world would he then tell the authorities
- 11:59Speaker 1: about discovering the money. It makes no fucking sense whatsoever.
- 12:04Speaker 1: He would have just kept it to himself.
- 12:06Speaker 3: And so the state's theory of the case was that
- 12:08Speaker 3: Joe had slipped out of his Austin hotel, driven home,
- 12:13Speaker 3: let himself into his house with his key, shot mickey
- 12:17Speaker 3: with the gun that they had kept by their bed,
- 12:20Speaker 3: cleaned himself up after getting her blood all over him,
- 12:24Speaker 3: changed clothes and shoes, and drove back to his hotel
- 12:28Speaker 3: room in Austin, cleaned up again, and made it to
- 12:32Speaker 3: his morning teachers conference meeting. So that's the state's theory, right.
- 12:38Speaker 1: And this is a fantastical theory on so many levels.
- 12:41Speaker 1: No one saw him do any of these things, right.
- 12:45Speaker 1: No one saw him leave the hotel, no one saw
- 12:47Speaker 1: him stop for gas, and it was pouring rain that night,
- 12:50Speaker 1: and no one saw him soaking wet coming or going.
- 12:53Speaker 1: And Joe had a condition, right, immacula condition which meant
- 12:58Speaker 1: that he couldn't drive at night anyway, you couldn't see
- 13:01Speaker 1: to drive at night. And there was no physical evidence
- 13:03Speaker 1: that any of the things that the police said happened
- 13:05Speaker 1: actually happened. It's nonsensical and it wasn't just the fact
- 13:09Speaker 1: that he was one hundred and twenty miles away and
- 13:12Speaker 1: couldn't have realistically gone there and back without being seen
- 13:15Speaker 1: unless he was some sort of ghost, but also the
- 13:18Speaker 1: idea that he would have had to magically been able
- 13:20Speaker 1: to make all this blood disappear from his body, and
- 13:24Speaker 1: none of Mickey's blood got into the car either, that
- 13:26Speaker 1: he allegedly drove back to Austin that night except for
- 13:29Speaker 1: the phantom flashlight that if were to believe the state's theory,
- 13:32Speaker 1: he just totally fucked up and absentmindedly left it in
- 13:35Speaker 1: the trunk while he meticulously managed to scrub everything else
- 13:40Speaker 1: like some master crime scene manipulator, right, and then not
- 13:44Speaker 1: to mention he had no motive. In fact, the opposite
- 13:47Speaker 1: is true. They loved each other very much and everybody
- 13:50Speaker 1: knew it. It wasn't a troubled marriage as we sometimes see.
- 13:55Speaker 3: And just to the point of motive really quick. The
- 13:58Speaker 3: first trial was at actually reversed for an improper insinuation
- 14:03Speaker 3: that there was any financial motive for Joe to kill Mickey,
- 14:07Speaker 3: and his defense attorneys tried to respond to that inaccuracy,
- 14:11Speaker 3: they were denied by the trial court the right to
- 14:13Speaker 3: do so, and that's actually the reason why Joe's case
- 14:16Speaker 3: was reversed the first time and why he was retribed
- 14:18Speaker 3: so correct. There was never a motive established, and by
- 14:22Speaker 3: the second trial, the state concedes that and talks to
- 14:26Speaker 3: the jury panel about can you convict if we can't
- 14:28Speaker 3: tell you what the motive is. So they were absolutely
- 14:32Speaker 3: clear by the time the second trial rolls around that
- 14:35Speaker 3: there was no motive because this didn't happen.
- 14:38Speaker 1: Right, And you know, it gets worse when you start
- 14:41Speaker 1: to see the way that they smeared his character, and
- 14:44Speaker 1: of course it's a very contemporaneous story when we come
- 14:47Speaker 1: to find out later that, in fact, the logical suspect
- 14:51Speaker 1: and somebody who they knew to be the logical suspect
- 14:53Speaker 1: at the time was in fact one of their.
- 14:55Speaker 2: Own It was a police officer.
- 14:57Speaker 1: Because we cannot leave out at this this is the
- 15:00Speaker 1: small town of Clifton, Texas, and this was the second
- 15:03Speaker 1: murder and unsolved for the time being, in a very
- 15:07Speaker 1: short period of time.
- 15:08Speaker 2: And of course we.
- 15:09Speaker 1: Know how that works, right, That creates the pressure. And
- 15:12Speaker 1: so Joe, do you mind telling us about that murder
- 15:15Speaker 1: and how that played a role in your wrongful conviction.
- 15:20Speaker 4: Judy Whitley, a high school student, was murdered. They didn't
- 15:23Speaker 4: know who did it. There were suspicions, but no facts.
- 15:27Speaker 4: People are alarmed that this could happen in our community
- 15:31Speaker 4: to a high school child. So the police department, so
- 15:36Speaker 4: to speak, is put under a lot of pressure to
- 15:39Speaker 4: find whoever killed Judy Whitley. Well, my opinion, based on
- 15:43Speaker 4: what I know now is that Dennis Dunlap did it.
- 15:47Speaker 1: Jesse, this Dennis Dunlop character is a very troubling and
- 15:52Speaker 1: profound example of how the sort of blue wall protects itself.
- 15:58Speaker 2: So tell us about.
- 15:59Speaker 1: That Dunlap and what his role was in these two cases.
- 16:04Speaker 3: So, Dennis Dunlap was a member of the Clifton Police
- 16:07Speaker 3: Department in nineteen eighty five, and he was originally a
- 16:12Speaker 3: suspect in the Judy Whitley case, and that was because
- 16:16Speaker 3: he had a connection to Judy's family and suspicious items
- 16:22Speaker 3: found in his possession after he eventually leaves the police
- 16:25Speaker 3: department in the direction of the then Clifton Police chief.
- 16:29Speaker 3: And this was a situation where he tried to be
- 16:32Speaker 3: very involved from the get go. I don't think that's
- 16:35Speaker 3: very uncommon for actual perpetrators to try and find out
- 16:39Speaker 3: as much information as they can about the crime that
- 16:41Speaker 3: they did commit. He attracts understandable suspicion, and from what
- 16:47Speaker 3: we can tell based on records at the time, he
- 16:49Speaker 3: was encouraged by the then police chief to leave the
- 16:53Speaker 3: community because of all of the suspicion growing around him
- 16:56Speaker 3: and how it did look even back then that he
- 17:00Speaker 3: was a good, strong suspect for the death of Judy Whitley.
- 17:04Speaker 3: So he leaves the community.
- 17:06Speaker 1: And we have so much evidence now that this Dunlap
- 17:09Speaker 1: character he almost certainly killed miss Whitley, but also most
- 17:12Speaker 1: likely was the murder in this case. He of course
- 17:15Speaker 1: took his own life right and.
- 17:17Speaker 3: After Dennis Dunlap commits suicide on the front page of
- 17:22Speaker 3: the Clifton Record, the Clifton Police Department in nineteen ninety
- 17:25Speaker 3: nine announces that they've solved the Judy Whitley case and
- 17:30Speaker 3: that Dennis Dunlap was responsible. But Joe doesn't get access
- 17:34Speaker 3: to that information beyond what's publicly reported until twenty twelve.
- 17:39Speaker 3: It's not until late twenty fourteen twenty fifteen that we
- 17:45Speaker 3: won going through old files discover that while he did
- 17:50Speaker 3: leave the department, he did not leave the area. He
- 17:53Speaker 3: was reported to be in the Waco Clifton area the
- 17:57Speaker 3: day that Nicky was murdered. Law enforcement knew it, and
- 18:02Speaker 3: in nineteen ninety six, his ex wife gives an interview
- 18:05Speaker 3: to the Texas Rangers as well as the then Clifton
- 18:10Speaker 3: Police chief, and Dennis's ex wife says that Dennis did
- 18:14Speaker 3: admit to her that he was with Mickey the night
- 18:17Speaker 3: she was killed.
- 18:18Speaker 4: Of course, when Mickey got killed, everybody was shocked. She
- 18:22Speaker 4: was very she was very popular. I had grown up there,
- 18:31Speaker 4: highly respected. People wanted an answer. They wanted to know
- 18:35Speaker 4: who killed Judy Whitley, and they wanted to know who
- 18:37Speaker 4: killed Nicky. And the police, under a great deal of pressure,
- 18:41Speaker 4: I think, jumped on the first wagon they could jump on.
- 18:44Speaker 4: They got what they wanted, that solved the case, so
- 18:48Speaker 4: the pressure was off. Dennis destroyed Mickey's life and they
- 18:52Speaker 4: destroyed my life.
- 19:05Speaker 1: This episode is underwritten by Paul Weiss Rifkin, Porton and Garrison,
- 19:09Speaker 1: a leading international law firm. Paul Weiss has long had
- 19:13Speaker 1: an unwavering commitment to providing impactful, pro bono legal assistance
- 19:17Speaker 1: to the most vulnerable members of our society and in
- 19:20Speaker 1: support of the public interest, including extensive work in the
- 19:23Speaker 1: criminal justice area. I mean, we could spend this entire
- 19:34Speaker 1: podcast talking about all the different pieces of exculpatory evidence.
- 19:39Speaker 2: There was a cigarette but found in the house. Neither
- 19:42Speaker 2: Jone nor making smoked. Right.
- 19:43Speaker 1: There was the fact that he was one hundred and
- 19:45Speaker 1: twenty miles away. We've talked about that already.
- 19:47Speaker 4: They can't get me there. We proved the model Joe
- 19:50Speaker 4: mar Carr reproved ro about gasoline.
- 19:52Speaker 2: Right.
- 19:53Speaker 1: There was the fact that the flashlight wasn't found at
- 19:56Speaker 1: the crime scene. It was found in the trunk of
- 19:58Speaker 1: the car that wasn't in Joe's possession for several days.
- 20:01Speaker 1: In fact, there was in the possession of somebody who
- 20:02Speaker 1: we know light on the stand, the fact that there
- 20:04Speaker 1: was another likely or even obvious suspect, and they pushed
- 20:09Speaker 1: it under the rugged. There was the absence of any
- 20:11Speaker 1: blood anywhere on Joe, around Joe in his car, you know,
- 20:15Speaker 1: so supposedly this flashlight somehow was the only blood. So
- 20:20Speaker 1: they wanted us to believe that he was holding the
- 20:22Speaker 1: flashlight in one hand while shooting the gun with the
- 20:24Speaker 1: other hand.
- 20:25Speaker 3: In his own home, in his own right, because.
- 20:27Speaker 1: He didn't know the way around his own little home.
- 20:29Speaker 2: Right. Yeah, it wasn't like he lived in.
- 20:30Speaker 3: So of all the things, right, you need a flashlight
- 20:33Speaker 3: in your own home.
- 20:33Speaker 1: Right, But then he would have cleaned up every single
- 20:36Speaker 1: trace of blood from everything, right, And then somehow or
- 20:40Speaker 1: other spaced out and thrown this flashlight that had this
- 20:43Speaker 1: tiny microscop And then we get to the blood spatter,
- 20:45Speaker 1: right of all the junk sciences, and you know, we
- 20:48Speaker 1: have a whole show devoted to junk science.
- 20:50Speaker 2: You know. Blood spatter is a quote unquote.
- 20:54Speaker 1: Scientific protocol which is used in courtrooms all over this
- 20:58Speaker 1: country and as far back as Joe's trial eighty five,
- 21:00Speaker 1: probably more than that. It is a nonsensical practice in
- 21:05Speaker 1: which these charlatans posing as scientists pretend to be able
- 21:10Speaker 1: to know by examining blood, as in Joe's case, where
- 21:14Speaker 1: they just examined an empty room with blood all over it,
- 21:18Speaker 1: and we're magically able to tell you what happened in there.
- 21:22Speaker 1: You might as well just bring in a psychic.
- 21:24Speaker 2: While you're at it.
- 21:24Speaker 1: But this practice is taught in a forty hour course
- 21:28Speaker 1: that I don't know if anyone's ever failed. You just
- 21:31Speaker 1: pay the money, you go take your forty hour course.
- 21:33Speaker 1: If you fail, they give you your certificate anyway. In fact,
- 21:36Speaker 1: so it doesn't matter if you fail, and then you
- 21:38Speaker 1: can go testify in court as a supposed expert. And
- 21:42Speaker 1: so talk to us, Jesse, please about blood spatter and
- 21:48Speaker 1: how it played a role in Joe's case.
- 21:51Speaker 3: Specifically, bloodstain pattern analysis is the scientific study of the
- 21:56Speaker 3: static consequences resulting from dynamic blood shedding events, and it
- 22:02Speaker 3: involves detecting and describing and analyzing the size, shape, distribution, number, location,
- 22:09Speaker 3: and pattern of bloodstains, as well as the nature of
- 22:13Speaker 3: their target surfaces and the relationship among various stains at
- 22:17Speaker 3: a particular scene. So as I understand it, and this
- 22:21Speaker 3: is really mostly from preparing for the evidentiary hearing in
- 22:25Speaker 3: Joe's case, is that bloodstain pattern analysis is based in
- 22:30Speaker 3: accepted and proven sciences. The problem with it is what
- 22:35Speaker 3: you said, which is the training of practitioners and using
- 22:40Speaker 3: it properly within its correct limits. And that's what happened
- 22:45Speaker 3: here with Detective Thorman, a purported practitioner whose training was
- 22:52Speaker 3: a single forty hour course, and the practitioner admitted that
- 22:57Speaker 3: this was the first major complex scene he had analyzed
- 23:02Speaker 3: as a supposedly certified practitioner who between our evidentiary hearing
- 23:09Speaker 3: did eventually recant and admit that his methodologies and application
- 23:18Speaker 3: were mostly incorrect and admitted that then a lot of
- 23:23Speaker 3: his conclusions in testimony was incorrect. And so, like we
- 23:27Speaker 3: talked about at the beginning, what was the state's theory
- 23:30Speaker 3: and why is bloodstain pattern analysis? Why was it important
- 23:33Speaker 3: to the state securing a conviction twice against Joe? And
- 23:37Speaker 3: it was used to explain why there was no physical evidence,
- 23:42Speaker 3: like you said, what was connecting him. The flashlight was
- 23:44Speaker 3: discovered in complete isolation, with no context away from the
- 23:48Speaker 3: crime scene. His car was clean. There's never anything on
- 23:51Speaker 3: him physically discovered, not in his hotel room, not on
- 23:54Speaker 3: his person later And so the bloodstain pattern analysis proffered
- 24:00Speaker 3: Detective Foreman was used to fill the very clear gaps
- 24:04Speaker 3: in the state's case and to make an impossible theory
- 24:08Speaker 3: of the case seem plausible.
- 24:11Speaker 1: Yeah, and I just want to quote from Pam Koloff's
- 24:13Speaker 1: a wonderful article where she actually went to her great
- 24:16Speaker 1: credit to Yukon, Oklahoma, where she participated in one of
- 24:20Speaker 1: these classes that she paid six hundred and something dollars
- 24:24Speaker 1: for and she talks about I'm just going to quote now,
- 24:28Speaker 1: armed with calipers, scientific calculators and string, we measured bloodstains,
- 24:32Speaker 1: plugged our data into equations, and tried to trace the
- 24:35Speaker 1: trajectories of individual droplets back towards their source. As was
- 24:38Speaker 1: true with pattern classification, there were many ways to get
- 24:41Speaker 1: this wrong. Small deviations with the calipers resulted in markedly
- 24:45Speaker 1: different results. Still, Griffin, who was the instructor, had us
- 24:49Speaker 1: press forward. He said, quote, We're not really going to
- 24:53Speaker 1: focus on the math and physics. It just kind of
- 24:55Speaker 1: bogs things down. Uh, that's me editorialzing.
- 25:00Speaker 2: What okay? He told us.
- 25:02Speaker 1: She goes on to say at the outset, quote, I'll
- 25:05Speaker 1: teach you which keys under your calculator to press. It's unbelievable,
- 25:11Speaker 1: And then back to PAMs. It was upon this shaky
- 25:13Speaker 1: foundation that Dorman had tried to reverse engineer the shooting
- 25:16Speaker 1: at the Brian home.
- 25:18Speaker 2: Looking over his nineteen eighty.
- 25:19Speaker 1: Five report one night back at my hotel, I could
- 25:20Speaker 1: see where his analysis went awry. According to his report,
- 25:23Speaker 1: he believed he was determining the alleged height from which
- 25:26Speaker 1: the shots were fired, a conclusion his data could not yield.
- 25:30Speaker 1: I began to wonder if his assessment of the flashlight, too,
- 25:32Speaker 1: was faulty when he asserted that the blood on the
- 25:34Speaker 1: lens was backspatter from a close range shooting. Now it
- 25:38Speaker 1: goes on, because they teach you in this class as
- 25:42Speaker 1: well how to present testimony as if you're an expert.
- 25:46Speaker 1: Its basically teach you how to act in court, to
- 25:49Speaker 1: pretend better that you actually know what you're talking about,
- 25:53Speaker 1: and to be more persuasive, and how to be able
- 25:56Speaker 1: to dodge questions from you know, quality defense attorney. I mean,
- 26:01Speaker 1: let's face it, not too many of these blood spatter
- 26:03Speaker 1: people come in and testify for the defense. So they're
- 26:07Speaker 1: teaching you, in essence, how to frame people. And that's
- 26:11Speaker 1: exactly what they did in Joe's case, and it makes
- 26:14Speaker 1: me sick.
- 26:15Speaker 3: It's, I think, a perfect example of a situation where
- 26:20Speaker 3: juris trust the prosecutors in their community and they trust
- 26:26Speaker 3: law enforcement, and Joe's case, sadly isn't the only example
- 26:30Speaker 3: of this. When prosecutors go to juris and paint a
- 26:35Speaker 3: picture using, like Joe said, fabricated evidence and an impossible
- 26:40Speaker 3: narrative and show them awful photos of a crime that
- 26:43Speaker 3: clearly did happen and ask them to say, okay, either
- 26:47Speaker 3: don't hold somebody responsible or hold somebody responsible. Right, and
- 26:51Speaker 3: especially in the context of what this community had just
- 26:54Speaker 3: gone through, like you just said, with the loss of
- 26:56Speaker 3: Judy Whitley just a few months prior, and then the
- 26:59Speaker 3: loss of Mickey and her brother in particular, paid a
- 27:02Speaker 3: special prosecutor to prosecute Joe. And so you've got somebody
- 27:06Speaker 3: who's got a financial incentive to get a conviction, and
- 27:10Speaker 3: you have a jury who's being told about that financial arrangement, right,
- 27:14Speaker 3: that knows this is what the victim's family paid for.
- 27:18Speaker 3: This is clearly what they believed what jury was going
- 27:22Speaker 3: to let him walk out of a courtroom. There just
- 27:25Speaker 3: wasn't in any jurisdiction in nineteen eighty five, eighty six,
- 27:28Speaker 3: and eighty nine that just sadly wasn't going to happen.
- 27:31Speaker 1: So with this nonsensical blood spatter analysis and this flashlight
- 27:36Speaker 1: that wasn't even found at the crime scene as the
- 27:38Speaker 1: big smoking gun, and then the assassinations on his character,
- 27:43Speaker 1: it was a almost a foregone conclusion. So can you
- 27:47Speaker 1: take us back to that moment when the judge read
- 27:49Speaker 1: the verdict.
- 27:51Speaker 4: Well, it's very unreal. You already know your life has
- 27:54Speaker 4: changed forever because of everything that's already happened. But then
- 27:57Speaker 4: now people are going to look at you like you
- 28:01Speaker 4: and I'm going to end up in prison. There's something
- 28:04Speaker 4: I didn't do, and I'm gonna have to fight every
- 28:07Speaker 4: day to maintain my personal integrity. You think, how can
- 28:12Speaker 4: people do this? But what is really troubling is that
- 28:17Speaker 4: you know that people know that what they've done is
- 28:19Speaker 4: not right, and they don't have any trouble doing what's wrong.
- 28:39Speaker 4: Everything that happened really hurts. I just don't go there
- 28:44Speaker 4: very often. But God has a purpose for each of us.
- 28:50Speaker 4: And when I first went to prison, I was very
- 28:53Speaker 4: angry with God and did not go to church and
- 28:58Speaker 4: didn't tell anybody I was a Christian or even played
- 29:00Speaker 4: the piano. And after I'd been there, probably eight weeks,
- 29:06Speaker 4: the chaplain told me that I understand that you play
- 29:09Speaker 4: the piano and that you're a Christian. And I said,
- 29:12Speaker 4: how do you know I haven't told anybody. Well, he
- 29:17Speaker 4: wanted to hear me play the piano, so we went
- 29:19Speaker 4: into the chapel and I said, what do you want
- 29:21Speaker 4: to hear, and he told me, and I played the
- 29:23Speaker 4: songs when we went back to the chapel and he
- 29:27Speaker 4: asked if I would play the piano for the chapel
- 29:29Speaker 4: services and I said, no, I will not, And I
- 29:33Speaker 4: told him I was mad at God, and I said,
- 29:36Speaker 4: but how did you know that I was a Christian,
- 29:39Speaker 4: that I played the piano? And he comes out with
- 29:41Speaker 4: a letter from my high school principal when I grew up,
- 29:45Speaker 4: who led the singing at the church where I play.
- 29:48Speaker 4: And he told Chaplain Pickett, I've done Joe since he
- 29:52Speaker 4: was five. I believe he's innocent. I know he's hurt,
- 29:56Speaker 4: and if you can get him to play the piano
- 29:58Speaker 4: for your church services, you'll be blessed and it will
- 30:01Speaker 4: help him. And I told him I'm not playing, and
- 30:05Speaker 4: that wise Chaplain told me, well, you think about it
- 30:09Speaker 4: tonight and you let me know in the morning. I
- 30:13Speaker 4: got zero sleep that night because God was all over me, saying,
- 30:20Speaker 4: you so to speak, Who do you think gave you
- 30:22Speaker 4: that skill? I did? I want you to use it
- 30:25Speaker 4: for me. So the next morning I called Chaplain Picket
- 30:30Speaker 4: and told him I would play for the chapel services,
- 30:33Speaker 4: and he says, good, we at choir practice today at
- 30:35Speaker 4: two o'clock and I was in and busy for the
- 30:38Speaker 4: rest of my stay. So we can do anything through Christ.
- 30:42Speaker 4: And when I asked God for peace, he gave me peace.
- 30:48Speaker 1: Well, I'm glad that you found that, and I'm glad
- 30:52Speaker 1: you're here today because you are a living testament to
- 30:56Speaker 1: the human spirits.
- 30:57Speaker 2: So yeah, so then here we are.
- 31:01Speaker 1: You've now been sentenced to ninety nine years in prison. Right,
- 31:04Speaker 1: I love life sentence because no one's ever lived that long,
- 31:07Speaker 1: and you know you weren't going to be the first.
- 31:11Speaker 1: Again to me, the idea that you're still here with
- 31:15Speaker 1: you know, three brain cells to rub together and be
- 31:17Speaker 1: able to sit up right and have a laugh and
- 31:20Speaker 1: have a smile on your face, it's it's inspiring. It's
- 31:25Speaker 1: you know, it's what I'll tell you right now. For
- 31:27Speaker 1: those of us that do this work, it's what drives
- 31:30Speaker 1: us forward is knowing that there are people like you
- 31:33Speaker 1: who have this otherworldly uh uh. You know, courage is
- 31:38Speaker 1: the best way I can and grace.
- 31:40Speaker 3: And perseverance of of course, you know, when I pick
- 31:42Speaker 3: up this case in November of twenty thirteen as a
- 31:45Speaker 3: law student, it's my whole life, like my whole life.
- 31:49Speaker 3: Joe had been fighting this fight, and it's an unbelievable
- 31:54Speaker 3: set of strength and endurance to maintain your innocence and
- 31:59Speaker 3: keep fighting for that period of time. It's unbelievable. And
- 32:02Speaker 3: most people give up, right, we know, innocent people plead guilty,
- 32:06Speaker 3: and innocent people end up giving up just to move
- 32:09Speaker 3: on with their lives. And the fact that he hasn't,
- 32:12Speaker 3: I think just speaks so much to the character that
- 32:14Speaker 3: everybody in that community knows he has and knew he had,
- 32:18Speaker 3: and just his spirit.
- 32:20Speaker 1: Which brings us to that long, long fight, the post
- 32:23Speaker 1: conviction litigation, and all the things that were discovered along
- 32:26Speaker 1: the way, not to mention what was already known, which
- 32:29Speaker 1: should have kept them from ever even bringing Joe to trial.
- 32:32Speaker 1: I mean, the sheer breadth of this, it's insane to
- 32:36Speaker 1: believe that none of it was enough to spring him
- 32:39Speaker 1: out of there with the state acknowledging his actual innocence.
- 32:43Speaker 1: And I'm going to just list some of it now, right, So,
- 32:46Speaker 1: no one saw Joe leave the hotel in Austin, and
- 32:50Speaker 1: no one saw him back in Clifton. I mean, it's
- 32:52Speaker 1: one hundred and twenty mile journey he would have had
- 32:55Speaker 1: to stop for gas at some point, right, And then
- 32:57Speaker 1: the mileage on Joe's car proved that he did not
- 33:00Speaker 1: make the journey back and forth to Austin. According to
- 33:03Speaker 1: the state's own admission, he had no motive to kill Mickey,
- 33:06Speaker 1: so all that nonsense about the cash or stage robbery
- 33:09Speaker 1: was just nonsense. And then Dennis Dunlap, Okay, the main
- 33:14Speaker 1: suspect in Judy Whitley's murder who was forced out of
- 33:18Speaker 1: Clifton PD as a result, and who they laid blame
- 33:22Speaker 1: for it on after he killed himself, But only after
- 33:24Speaker 1: he killed himself. His wife told the rangers and the
- 33:28Speaker 1: Clifton Police chief in nineteen ninety nine that Dunlap admitted
- 33:32Speaker 1: to being with Mickey on the night she was killed.
- 33:34Speaker 1: I mean, what the fuck? And he doesn't get to
- 33:37Speaker 1: learn about that from nineteen ninety nine until twenty and
- 33:40Speaker 1: twelve when they finally released these documents to him. So
- 33:44Speaker 1: thirty five long years roll by with no one acknowledging
- 33:48Speaker 1: his innocence because of this flashlight that wasn't even found
- 33:52Speaker 1: at the crime scene, but rather was found in the car,
- 33:56Speaker 1: that wasn't in Joe's possession or control. Rather it was
- 33:59Speaker 1: in the possession of the man that brought an investigator
- 34:03Speaker 1: to his own sister's funeral and paid a special prosecutor
- 34:08Speaker 1: to make sure that they nailed Joe but Jesse. DNA
- 34:12Speaker 1: testing was finally done on that flashlight in twenty eighteen,
- 34:16Speaker 1: testing that wasn't available in nineteen eighty five. It hadn't
- 34:19Speaker 1: been invented yet. What did they find out? Yeah?
- 34:22Speaker 3: So I think the simplest way is the question that
- 34:25Speaker 3: was asked at the evidentiary hearing, which is, can the
- 34:27Speaker 3: State of Texas prove that Mickey's DNA is on that flashlight?
- 34:31Speaker 3: And the answer to that question by the state's analyst
- 34:33Speaker 3: was no. There's two results from a twenty eighteen set
- 34:37Speaker 3: of DNA testing. One was on the lens of the
- 34:40Speaker 3: flashlight that was an inconclusive result, and then there was
- 34:43Speaker 3: a DNA test of the swab from the handle and
- 34:45Speaker 3: the power button of the flashlight that excluded him and Mickey. So,
- 34:50Speaker 3: does modern testing prove that Mickey's DNA is on that flashlight?
- 34:53Speaker 3: And the answer to that is now.
- 34:54Speaker 1: So there was Type O blood, the most common blood type,
- 34:57Speaker 1: on this flashlight, but not necessary from the crime scene.
- 35:01Speaker 3: That would be our position. The state's position would obviously
- 35:04Speaker 3: be different, but modern testing cannot corroborate the state's position.
- 35:10Speaker 1: And add that conclusion to the already patently ridiculous theory
- 35:13Speaker 1: of this crime and what was discovered about Dunlap, and
- 35:16Speaker 1: it's all just becomes very hard to swallow that it
- 35:20Speaker 1: took this long for you, Joe, to finally be free,
- 35:24Speaker 1: but all appeals were exhausted, and then despite an exemplary
- 35:28Speaker 1: disciplinary record, you're involvement in the chapel, playing piano, tutoring,
- 35:33Speaker 1: the parole board denied you seven times. Is that right?
- 35:36Speaker 3: Yeah?
- 35:37Speaker 4: Seven times?
- 35:37Speaker 1: Yeah, So your patience has tried and tried and tried,
- 35:40Speaker 1: but finally, Joe, finally you were freed just a short
- 35:46Speaker 1: while ago.
- 35:47Speaker 2: And what was that like?
- 35:49Speaker 4: I mean, well, there are many tears. You're so thankful
- 35:54Speaker 4: to be out and it's beautiful to see people who
- 35:58Speaker 4: care for you and love youaiting for you out there
- 36:00Speaker 4: when you get outside. Jesse was one of those waiting,
- 36:08Speaker 4: along with my family and other people who were interested
- 36:10Speaker 4: in in my case. A lot of people could not
- 36:17Speaker 4: be there, and it was understandable.
- 36:19Speaker 3: It was right at the beginning of Corona a couple
- 36:23Speaker 3: of weeks after the world shut down.
- 36:25Speaker 4: Yes, absolutely wonderful though to be able to hug your
- 36:29Speaker 4: family and to get into the vehicle and go home.
- 36:35Speaker 4: The young lady that we're watching right now is very instrumental.
- 36:41Speaker 3: Well, and it's not definitely not only me, Walter.
- 36:44Speaker 4: I know that, I know that Walter and Leon and
- 36:49Speaker 4: Allison and Shay and Allen.
- 36:52Speaker 3: Joe has wonderful parole lawyers. Yes, again, Joe is not
- 36:57Speaker 3: free like we just talked about because the courts did
- 36:59Speaker 3: their thing. Joe's free because thankfully he had parole lawyers
- 37:04Speaker 3: that were able to explain the circumstances to the parole
- 37:07Speaker 3: board in a way that clearly made sense. And so
- 37:11Speaker 3: they are really the heroes.
- 37:13Speaker 4: Thank God, I'm home. My brother and his wife have
- 37:16Speaker 4: provided a home for me, and I am just fabulously
- 37:21Speaker 4: grateful and it's encouraging, very humbling what others have done
- 37:27Speaker 4: to help me.
- 37:29Speaker 1: I know I speak on behalf of all of your
- 37:31Speaker 1: supporters when I say that we wish you every blessing
- 37:35Speaker 1: that life has to offer. I hope you live to
- 37:38Speaker 1: be one hundred and eighty and that you can enjoy
- 37:43Speaker 1: every moment of it. And we now have the closing
- 37:47Speaker 1: segment of the show, which I think our audience has
- 37:50Speaker 1: come to really expect and appreciate. I know it's my
- 37:53Speaker 1: favorite part of the show because this is the part
- 37:56Speaker 1: where again I thank you too amazing human beings, Jesse
- 38:01Speaker 1: Freud and Joe Brian for being here with me and
- 38:05Speaker 1: sharing your stories. And then I get to turn my
- 38:10Speaker 1: microphone off and leave yours on for a segment of
- 38:13Speaker 1: the show we call closing arguments, and it works like this.
- 38:15Speaker 1: We're going to start with Jesse. We're going to save
- 38:17Speaker 1: well due respect, Jesse. We're going to save the best
- 38:19Speaker 1: for last. The floor is yours, so Jesse, please just
- 38:22Speaker 1: tell us whatever you got and then pass the mic.
- 38:25Speaker 2: Off to Joe.
- 38:26Speaker 3: I almost feel so unoriginal because I think I'm going
- 38:28Speaker 3: to end where you started, which is what can listeners
- 38:33Speaker 3: learn from what happened to Joe? And obviously the injustice
- 38:38Speaker 3: also that happened to Mickey, which and that still remains.
- 38:41Speaker 3: The wrong person is still being legally held accountable for
- 38:46Speaker 3: killing Mickey, and so that is a horrible injustice, and
- 38:52Speaker 3: so what can the public learn from that? And I
- 38:55Speaker 3: think the first thing is what you said, which is
- 38:57Speaker 3: if this can happen to Joe Brian. This can happen
- 39:00Speaker 3: to anyone. And I remember as a law student when
- 39:03Speaker 3: I became fascinated with this case before I even got
- 39:06Speaker 3: to know Joe. It really struck me that this is
- 39:09Speaker 3: a case that can make people think that the problems
- 39:12Speaker 3: of the criminal justice system, if they think those don't
- 39:15Speaker 3: apply to them, after learning about what happened to Joe,
- 39:18Speaker 3: they should think that these things apply to them. And
- 39:21Speaker 3: so I hate that the injustice that remains for the
- 39:25Speaker 3: wrong person being held accountable for Mickey's murder, and I
- 39:28Speaker 3: hate that Joe's life was likewise stolen from him. But
- 39:32Speaker 3: I hope what we can all as a society learn
- 39:35Speaker 3: from that, which is cops and prosecutors are people too,
- 39:39Speaker 3: and when they come before twelve random folks in a
- 39:42Speaker 3: jury and they're asking members of the community to do something,
- 39:46Speaker 3: have the courage to think critically about what you're being
- 39:50Speaker 3: asked to do and truly hold the state to their burden.
- 39:54Speaker 3: I think our community can do what sometimes and sadly
- 39:57Speaker 3: cops and prosecutors don't do, which have the courage to
- 40:01Speaker 3: say this isn't enough, and we're not going to have
- 40:04Speaker 3: two loss of lives, because that's what we've got here.
- 40:06Speaker 3: Mickey's life was taken and Joe's life was taken, and
- 40:10Speaker 3: that is preventable. This was preventable. Our courts had an
- 40:14Speaker 3: opportunity to fix it and refuse to do so. And
- 40:17Speaker 3: so America can learn something from what happened to Joe
- 40:20Speaker 3: and Mickey. It's go be good jurors, hold the state
- 40:24Speaker 3: to their burden, and have the courage to fight injustice
- 40:28Speaker 3: from the jury box.
- 40:30Speaker 2: Joe, over to you, number one.
- 40:32Speaker 4: I still respect law enforcement. I still respect courts and
- 40:39Speaker 4: judges and district attorneys. Well, what I want them to
- 40:43Speaker 4: do is to work for justice, not conviction. If conviction
- 40:50Speaker 4: is a part of that justice, then so be it.
- 40:53Speaker 4: But if you're proven later that your decision was wrong
- 40:57Speaker 4: after a conviction, be man or woman enough or judge
- 41:02Speaker 4: enough or whatever enough of a person say hey, we
- 41:05Speaker 4: mess this up and we need to correct it. Don't
- 41:08Speaker 4: just stick your head in the sand and say that's
- 41:10Speaker 4: not what I want to hear, and we're not going
- 41:13Speaker 4: to change our opinion. Because even in our discovery hearings,
- 41:19Speaker 4: the judge had them test the flashlight again for the
- 41:23Speaker 4: third or fourth time, and the state's lab came back
- 41:28Speaker 4: with the report was and he said, there's two DNA
- 41:33Speaker 4: profiles on the flashlight. One is not Mickey Brian and
- 41:38Speaker 4: one is not Joe Brian. So whose DNA is on
- 41:40Speaker 4: that flashlight? And that was to me a key point
- 41:46Speaker 4: in evidence they used against me, just like they said
- 41:50Speaker 4: they're seemen on the underwear, and then when they were
- 41:53Speaker 4: DNA tested, there's no seeming there. So who's lying? When
- 41:57Speaker 4: did the last start? Who did it and who backed
- 42:00Speaker 4: up who in protecting that person's decision. Why are we
- 42:04Speaker 4: not looking for the truth. And if you think it
- 42:07Speaker 4: can't happen to you in America, you are wrong. And
- 42:11Speaker 4: it doesn't happen just to black people either. It happens
- 42:14Speaker 4: to white people too, and people like Jesse and Walter
- 42:18Speaker 4: in the Texas Innocence Project, and you, Jason, who worked
- 42:21Speaker 4: with the Innocence people. If it weren't for you, we
- 42:24Speaker 4: would have no hope. I sleep well at night because
- 42:29Speaker 4: I'm innocent and I'm honest. I'm not perfect. But Micky
- 42:35Speaker 4: was my wife, and I loved her, and I cherished her,
- 42:42Speaker 4: I respected her, and I miss her, and I wish
- 42:48Speaker 4: her family we'd be just as concerned about who actually
- 42:52Speaker 4: killed her as we are, and I wish they. You know, hey,
- 42:56Speaker 4: look maybe we were misled, maybe we were used in
- 43:00Speaker 4: that conviction process that somebody else won't it. We can
- 43:05Speaker 4: do anything through Jesus Christ. I'm still living with him
- 43:10Speaker 4: every day, and I'm still relying on him to give
- 43:13Speaker 4: me the strength and the hope, and I still don't
- 43:16Speaker 4: having trouble going to sleep at night.
- 43:25Speaker 1: Thank you for listening to Wrongful Conviction with Jason Flahm.
- 43:28Speaker 1: Please support your local innocence projects and go to the
- 43:31Speaker 1: link in our bio to see how you can help.
- 43:34Speaker 1: I'd like to thank our production team, Connor Hall, Jeff Cliburn,
- 43:38Speaker 1: and Kevin Warnis.
- 43:39Speaker 2: The music on the.
- 43:40Speaker 1: Show, as always, is by three time OSCAR nominated composer
- 43:43Speaker 1: Jay Ralph. Be sure to follow us on Instagram at
- 43:47Speaker 1: Wrongful Conviction and on Facebook at Wrongful Conviction Podcast. Wrongful
- 43:51Speaker 1: Conviction with Jason Flahm is a production of Lava for
- 43:54Speaker 1: Good Podcasts in association with Signal Company Number one.
- 44:00Speaker 4: The Man, Why the Land in the World,