Latest / Wrongful Conviction / #212 Jason Flom with Curtis Flowers
Transcript
- 0:02Speaker 1: Curtis Flowers lived in the small town of Winona, Mississippi,
- 0:05Speaker 1: and began a job at Tarti Furniture, but while transporting
- 0:08Speaker 1: some car batteries, two of them fell off his truck,
- 0:11Speaker 1: and store owner Bertha Tarti said that the damages might
- 0:14Speaker 1: have to come out of his paycheck. After a full
- 0:16Speaker 1: day of work, Curtis decided to cut his losses and
- 0:19Speaker 1: move on. On the morning of July sixteenth, nineteen ninety six,
- 0:23Speaker 1: the bodies of Bertha Tarti and three employees were found shot.
- 0:27Speaker 1: One was still alive rushed to the hospital, but later
- 0:30Speaker 1: pronounced dead. After hearing about the allegedly disgruntled Curtis Flowers,
- 0:35Speaker 1: police used a toxic mix of a cash reward and
- 0:38Speaker 1: intimidation to extract witness statements, widely varying in detail. They
- 0:42Speaker 1: pieced together a ridiculous narrative of Curtis's whereabouts, including a
- 0:47Speaker 1: dubious story about a gun that his uncle had reported missing.
- 0:50Speaker 1: With this flimsy motive and even flimsier evidence, along with
- 0:54Speaker 1: racially discriminatory jury selection, Curtis Flowers was first tried and
- 0:59Speaker 1: convicted of attorney's murder. While that conviction was being thrown out.
- 1:03Speaker 1: He was convicted for the murder of one of the
- 1:05Speaker 1: other employees, and when the second conviction was thrown out,
- 1:09Speaker 1: they tried him again for all four murders. After six
- 1:13Speaker 1: trials and a trip to the Supreme Court, this farce
- 1:15Speaker 1: would finally come to an end when American Public Media
- 1:18Speaker 1: made a podcast called in the Dark Shining Up Bright
- 1:21Speaker 1: Light on Curtis's case and the racist district attorney driving it.
- 1:25Speaker 1: After twenty three long years on death row and another
- 1:28Speaker 1: trip to the Supreme Court, district Attorney Doug Evans finally
- 1:32Speaker 1: stepped off the case. Upon review, the Attorney General of
- 1:35Speaker 1: Mississippi dropped all charges. This is wrongful Conviction with Jason Flamm.
- 1:53Speaker 1: Welcome back to wrongful Conviction with Jason Flamm. And I'm
- 1:57Speaker 1: going to throw a few numbers at you before I
- 1:59Speaker 1: introduce our guests. So Curtis Flowers was wrongfully convicted six times,
- 2:04Speaker 1: spent twenty three years on death row for four murders
- 2:08Speaker 1: that he didn't commit. Curtis Flowers, Welcome to wrongful Conviction.
- 2:11Speaker 1: Good to be here. So let's go back to the beginning.
- 2:14Speaker 1: You grew up in a small town in Mississippi, right.
- 2:17Speaker 2: Yes, one only is about eighty four miles north of Jacksonssissippi,
- 2:22Speaker 2: a small town about the population of five thousand, over
- 2:27Speaker 2: forty five percent black.
- 2:28Speaker 1: Did you have a happy childhood? Yes, I did. Brothers, sisters, brothers.
- 2:33Speaker 2: I have four sisters, one brother. I'm the I guess
- 2:37Speaker 2: you'd call the middle child.
- 2:38Speaker 1: So everything was pretty much fine, I guess up until
- 2:44Speaker 1: would seemed like a very minor incident at a store
- 2:48Speaker 1: that you only worked at for a few days. I'm
- 2:50Speaker 1: talking about Tardy Furniture, which should have come and went
- 2:54Speaker 1: and never been a subject of even one little minor discussion. True. Nonetheless,
- 3:01Speaker 1: since it was the incident that started this crazy chain
- 3:04Speaker 1: of events going, can you just tell us what happened
- 3:06Speaker 1: at Tarti Furniture.
- 3:08Speaker 2: Well, I went to work at Tarti's one morning and
- 3:11Speaker 2: she asked me to pull around back so then the
- 3:14Speaker 2: business next door could load some batteries onto the truck
- 3:17Speaker 2: and leaving. I pulled off, and two of the batteries
- 3:21Speaker 2: slid off the truck. I got back to the store,
- 3:23Speaker 2: I told her about them. She said, we'll take them
- 3:25Speaker 2: back around there and let me see if they can
- 3:27Speaker 2: replace them.
- 3:28Speaker 1: Because if they.
- 3:29Speaker 2: Can't, then you don't have to pay for them, because
- 3:31Speaker 2: she should have tied them down. And I said, okay,
- 3:34Speaker 2: So I took them back. Mister Jimmy Sanders, who worked there,
- 3:38Speaker 2: told me that we'll work it out. So I went
- 3:41Speaker 2: back and told her everything was good. You know, she
- 3:44Speaker 2: sent me home to deliver furniture all day that day,
- 3:47Speaker 2: you know, by me just starting. You know, she even
- 3:49Speaker 2: advanced me. I think it was thirty dollars.
- 3:52Speaker 1: You didn't go back to work at the store after that, No,
- 3:54Speaker 1: I didn't. It's okay, fine, whatever.
- 3:56Speaker 2: And later it became a motive, right, like this little
- 4:00Speaker 2: minor incident was going to cause you to go back
- 4:03Speaker 2: and shoot four people in the head.
- 4:04Speaker 1: So now, unbeknownst to you, a terrible, terrible thing happens
- 4:10Speaker 1: right at Tarti Furnish On the morning of July sixteenth,
- 4:13Speaker 1: nineteen ninety six. Sam Jones Junior, a retired employee of
- 4:17Speaker 1: Tarti Furniture Company, reported that the owner of Bertha Tarti,
- 4:20Speaker 1: who was fifty nine, had called him at nine am,
- 4:22Speaker 1: asking him to come into the store to train a
- 4:24Speaker 1: couple of new employees. A guy named Derek Bobo Stewart
- 4:27Speaker 1: of sixteen and Robert Golden, a forty two yar old man.
- 4:30Speaker 1: Jones arrived an hour later and found a horror scene.
- 4:34Speaker 1: He found that Tarti, Stuart, Golden, and another employee named
- 4:38Speaker 1: Carmen Rigby, a forty five year old woman, had all
- 4:41Speaker 1: been shot and killed. Well one of them, sixteen year
- 4:43Speaker 1: old mister Stuart, was the only one still alive, but
- 4:46Speaker 1: he died in the hospital a few days later, and
- 4:48Speaker 1: supposedly two hundred and eighty seven dollars was missing from
- 4:51Speaker 1: the cash reder. So that gives me the chills because
- 4:53Speaker 1: it's just what's the price of a life? And may
- 4:54Speaker 1: they rest in peace. So it's just this crazy coincidence.
- 4:57Speaker 1: The smallest town like that, you know that you happened
- 5:00Speaker 1: to previously work and even the fact that you worked
- 5:04Speaker 1: there at one time really shouldn't have set off too
- 5:07Speaker 1: many alarm bells. Maybe somebody would have quickly looked into
- 5:10Speaker 1: it and ruled you out exactly, But this wasn't just anybody, right.
- 5:15Speaker 1: What we're talking about is you ran into the crosshairs
- 5:19Speaker 1: of District Attorney Doug Evans. Then they covered this in
- 5:22Speaker 1: this fantastic podcast, which I'm sure some of our listeners
- 5:25Speaker 1: have heard called in the Dark. Thought it was brilliantly done.
- 5:27Speaker 1: Let me just say that one of the things that
- 5:29Speaker 1: jumps out to me from the podcast about Doug Evans
- 5:33Speaker 1: was that an analysis by APM for the podcast discovered
- 5:37Speaker 1: that Evans and his assistant DA's over the course of
- 5:40Speaker 1: twenty six years struck black prospective jurors at nearly four
- 5:45Speaker 1: and a half times the rate they struck white ones.
- 5:47Speaker 1: And of course we know that's one of the main
- 5:49Speaker 1: reasons why your conviction kept getting overturned, because he kept
- 5:52Speaker 1: excluding black jurors from the jurys, which is of course
- 5:55Speaker 1: a violation of the fourteenth Amendment. This is a guy
- 5:58Speaker 1: who was elected again in November twenty nineteen, so he's
- 6:01Speaker 1: been in there forever still the DA, but numerous civil
- 6:05Speaker 1: rights lawsuits have been filed against him. But according to
- 6:09Speaker 1: the Mississippi Bar Association, it's hard to believe he's received
- 6:12Speaker 1: no public sanction and remains a lawyer in good standing.
- 6:16Speaker 1: So let's let's go back. Let's go back. Hold on,
- 6:19Speaker 1: So the crime took place on July sixteenth, nineteen ninety six,
- 6:23Speaker 1: When did you even hear about it?
- 6:25Speaker 2: The same day they come by the house, want to
- 6:28Speaker 2: know if they could talk with me. They say to
- 6:30Speaker 2: her that I used to work there and maybe I
- 6:32Speaker 2: could help them. You know, maybe I've seen something and
- 6:34Speaker 2: don't realize us I saw it, and I said sure.
- 6:37Speaker 2: I went down with him until you know, every time
- 6:40Speaker 2: I left. You know what we talked about here today,
- 6:43Speaker 2: don't don't tell anyone else. And we would just want
- 6:45Speaker 2: you to know you're not a suspect. We just we
- 6:48Speaker 2: just thought maybe you could help.
- 6:49Speaker 1: You know.
- 6:50Speaker 2: So I said, okay, But everyone on the street was
- 6:52Speaker 2: telling me that when they talked with him, they said
- 6:54Speaker 2: I was a suspect.
- 6:56Speaker 1: They tested your hands for gunshot wresid.
- 6:58Speaker 2: Testing my hands for gunshot rest to do the morning
- 7:01Speaker 2: they picked me up, I wanted to question me. They
- 7:03Speaker 2: wanted to rule me out, so he said, and I agreed,
- 7:11Speaker 2: and I agreed to a gunshot residue tests and they
- 7:14Speaker 2: gave it to me. And later they come back and
- 7:17Speaker 2: said they I think one particle of gunshot residue. You know,
- 7:21Speaker 2: I don't know anything about residue. But my lawyer argued
- 7:25Speaker 2: that there are three elements to gunshot residue. You can't
- 7:28Speaker 2: have one without the other two. And he asked them, well,
- 7:34Speaker 2: how did miss Flower get to the police station and
- 7:37Speaker 2: I got down there, would stayed true, he says, in't
- 7:38Speaker 2: it true? They fired their weapons every morning and miss
- 7:41Speaker 2: Flowers shook hands with them, so he could have picked
- 7:43Speaker 2: up that particle just.
- 7:45Speaker 1: Like that, or could have come from a firework. No,
- 7:47Speaker 1: And we have a whole episode of our show for
- 7:50Speaker 1: conviction John Science devoted to a gunshot residue issue out
- 7:54Speaker 1: There are literally dozens of substances that could, you know,
- 7:57Speaker 1: sort of fool the test, you know, and that all
- 8:00Speaker 1: has to be independently corroborated or else it's just junk science.
- 8:03Speaker 2: Yes, and I even heard that you could get that
- 8:06Speaker 2: from just just messing with a car battery.
- 8:09Speaker 1: Car battery, cigarette, ash drive urine.
- 8:12Speaker 2: Or also giving you a gunshot of rether do tests
- 8:14Speaker 2: and he don't have one gloves right, and he's handling
- 8:17Speaker 2: your hands while he's doing it.
- 8:19Speaker 1: Sure it's transferable. Yeah, So that's the flimsiest of flimsy
- 8:23Speaker 1: evidence that you could have not evident is the wrong word,
- 8:26Speaker 1: but they call it evidence. I call it bullshit. Okay,
- 8:30Speaker 1: So your prints were not found at the crime scene,
- 8:34Speaker 1: and your clothes they took your clothes, right, clothes went
- 8:38Speaker 1: to the crime lab and turned up nothing, nothing right,
- 8:42Speaker 1: So are you a ghost? You don't see what? Not
- 8:47Speaker 1: a ghost? Okay? So at that point maybe reasonable people
- 8:51Speaker 1: could agree that they could have started looking for the
- 8:53Speaker 1: actual perpetrator, but they continued on. Now at the scene,
- 8:57Speaker 1: three footprints from size ten and a half feel a
- 9:00Speaker 1: gym shoes were later discovered. And don't even get me
- 9:03Speaker 1: started on footprint analysis because that's a whole other junk science.
- 9:07Speaker 1: And there was no paper money, only changing the cashhers again,
- 9:10Speaker 1: supposedly two hundred eighty seven dollars was missing. At least
- 9:12Speaker 1: found five shellcasings at the scene, which were from a
- 9:15Speaker 1: three eighty caliber semi automatic pistol. They also found two
- 9:19Speaker 1: spent bullets, two bullet fragments, and one live bullet. Now
- 9:22Speaker 1: have you ever owned a three eighty caliber semi automatic pistol? Okay?
- 9:25Speaker 1: So now enter Doyle Simpson. Doyle Simpson was your uncle.
- 9:29Speaker 1: He reported that a pistol of this same type in
- 9:33Speaker 1: caliber had been stolen from his car in the parking
- 9:36Speaker 1: lot of the Angelica Garment factory where he worked. So
- 9:39Speaker 1: he now came under suspicion. On July twenty second, nineteen
- 9:43Speaker 1: ninety six, Simpson took a polygraph test that revealed deception
- 9:47Speaker 1: when he said that his gun had been stolen from
- 9:49Speaker 1: his car and when he said he knew nothing about
- 9:50Speaker 1: the murders. Again, we know polygraphs are not super accurate,
- 9:54Speaker 1: but they can give you some indication. But we should
- 9:58Speaker 1: not take a polygraph as just gospel, because it's not.
- 10:02Speaker 1: But according to the polygraph and the poligapher, he lied
- 10:05Speaker 1: about where he got the gun, and police later discovered
- 10:07Speaker 1: that he called his brother asking him to lie to
- 10:10Speaker 1: the police as well, telling them that he had sold
- 10:13Speaker 1: the gun to Simpson, but the brother refused.
- 10:16Speaker 2: It was later found out that he did a lot
- 10:18Speaker 2: about his swhere about that morning of those murder dog
- 10:21Speaker 2: claimed he was at work all morning. His own sister
- 10:23Speaker 2: said she saw his car we out on eighty two.
- 10:27Speaker 2: She saw him drive by that morning.
- 10:28Speaker 1: Well, I can think of a couple of reasons why
- 10:30Speaker 1: that could be. One would be that he wanted to
- 10:32Speaker 1: deflect this vision away from him because he was actually guilty.
- 10:35Speaker 1: Or the other would be that he just was trying
- 10:37Speaker 1: to like not be any part of this and so
- 10:39Speaker 1: was making up a story that he was at work
- 10:41Speaker 1: just to try to throw the police off even looking
- 10:44Speaker 1: further into him. That was my first thought. So Simpson
- 10:47Speaker 1: went on to tell the cops that he practiced shooting
- 10:50Speaker 1: this gun in a rural spot. But a detective went
- 10:53Speaker 1: to that location and pulled the spent plug from a post,
- 10:56Speaker 1: and according to firearms expert for the Michigan State Police,
- 10:59Speaker 1: David Bolish, testified that he determined that the bullet from
- 11:02Speaker 1: the post actually did have marking similar to the bullets
- 11:06Speaker 1: recovered from the crime scene. In August of ninety six,
- 11:09Speaker 1: detectives led by the DA investigator John Johnson questioned mister
- 11:13Speaker 1: Simpson about their findings, but again he denied his involvement
- 11:17Speaker 1: and maintained that the gun had been stolen from the
- 11:19Speaker 1: car that morning. So despite the fact that there are
- 11:23Speaker 1: like flashing arrows now pointing towards Simpson right, they continued
- 11:28Speaker 1: to focus on you. And now they discovered a box
- 11:33Speaker 1: of size ten and a half Feel of shoes at
- 11:36Speaker 1: your girlfriend, Connie's house.
- 11:38Speaker 2: I later found out that my girlfriend at the time, Connie,
- 11:42Speaker 2: had bought her son Marcus, a pair of Feel of
- 11:46Speaker 2: shoes size ten and a half, And then that's how
- 11:48Speaker 2: they led up to me wearing a pair of ten
- 11:51Speaker 2: and a half Fela.
- 11:52Speaker 1: Do you wear a size ten and a half feel
- 11:54Speaker 1: a shoe.
- 11:54Speaker 2: Most shoes, I wear eleven and a half your shoe,
- 11:57Speaker 2: but in gym shoes, I can't wear eleven.
- 12:00Speaker 1: Well, anybody who's ever worn a shoe that's a half
- 12:02Speaker 1: to a full size too small can report that is
- 12:04Speaker 1: not very uncomfortable. So I think it's unlikely that those
- 12:09Speaker 1: were your shoes under any circumstances. And I'm going to
- 12:12Speaker 1: say too that feelers were pretty stylish back in the
- 12:15Speaker 1: late nineties. They were okay. So most of the people
- 12:20Speaker 1: who were questioned later on reported, and this will surprise
- 12:23Speaker 1: exactly no one, they reported that they were afraid of
- 12:27Speaker 1: being arrested themselves unless they cooperated with the police, and
- 12:31Speaker 1: some said that rewards of up to thirty thousand dollars
- 12:35Speaker 1: were dangled in front of them if they agreed to cooperate.
- 12:38Speaker 1: So they were using the carrot and tostick. So they eventually,
- 12:41Speaker 1: not surprisingly, got statements from a dozen different witnesses who
- 12:44Speaker 1: said they saw you in various locations in and around
- 12:48Speaker 1: why Nona on the morning of the crime. And based
- 12:50Speaker 1: on these statements, which were almost certainly fabricated and coerced,
- 12:57Speaker 1: and rewarded. Right when you put the third down dollar
- 13:00Speaker 1: reward out.
- 13:00Speaker 2: People that didn't even know me knew me then, and
- 13:02Speaker 2: everybody saw me here and there. I'd have to be
- 13:05Speaker 2: superman to be in all those places around the same
- 13:08Speaker 2: time and dressed differently, right, yes, each witness described me
- 13:12Speaker 2: wearing something.
- 13:13Speaker 1: Different, but based on all these crazy statements that they
- 13:17Speaker 1: had to try to piece together. And I've seen the
- 13:19Speaker 1: map that shows your movements on that morning, like I
- 13:22Speaker 1: think I saw it in sixty minutes or something. It's like,
- 13:25Speaker 1: it's so ridiculous. You were zigzagging all over town, according
- 13:27Speaker 1: to in all different clothes. So they developed this crazy
- 13:31Speaker 1: theory that motivated by the anger of this loss of
- 13:34Speaker 1: this fantastic tardy furniture delivery job that you had, that
- 13:39Speaker 1: you had walked all over town, stole Simpson's gun, walked home,
- 13:44Speaker 1: walked back across town, shot it, killed the four victims,
- 13:48Speaker 1: robbed the cash register, and then just tootled your way
- 13:52Speaker 1: back home, my way. Not a care, not a cure
- 13:55Speaker 1: in the world. Right now, we have to fast forward
- 13:57Speaker 1: all the way. Sid January third teenth, nineteen ninety seven, Plano, Texas.
- 14:02Speaker 1: So you moved to Plano Texas right yes, with your
- 14:05Speaker 1: girlfriend MSUs Connie Moore. What happened that the time I.
- 14:09Speaker 2: Was working from three to eleven and I got up
- 14:12Speaker 2: to fix myself some lunch. There was a knock at
- 14:15Speaker 2: the door, and right before I grabbed the door, I
- 14:17Speaker 2: saw a movement you know, out the pat of your door.
- 14:20Speaker 2: And you know it's what they call runners, you know
- 14:22Speaker 2: who just in case you run. You know, they got
- 14:24Speaker 2: guys set up to chase. So I opened the door
- 14:27Speaker 2: and he said how are you doing? I said, I'm
- 14:30Speaker 2: doing okay.
- 14:30Speaker 1: How are you, sir?
- 14:32Speaker 2: And he said I'm looking for Curtis Flowers. I said
- 14:35Speaker 2: that would be me, And before I could say anything else,
- 14:38Speaker 2: I was all against the wall.
- 14:40Speaker 1: I'm talking about sheet.
- 14:41Speaker 2: Rock mood upside my full head being cuffed and I said,
- 14:45Speaker 2: may I ask why am I being arrested? He said, well,
- 14:48Speaker 2: we have a warrant for your arrest back in Mississippi
- 14:51Speaker 2: for four counts of captain murder.
- 15:01Speaker 1: This episode is underwritten by Paul Weiss, Rifkin, Porton and Garrison,
- 15:05Speaker 1: a leading international law firm. Paul Weiss has long had
- 15:09Speaker 1: an unwavering commitment to providing impactful pro bono legal assistance
- 15:13Speaker 1: to the most vulnerable members of our society and in
- 15:16Speaker 1: support of the public interest, including extensive work in the
- 15:20Speaker 1: criminal justice area.
- 15:29Speaker 2: They took me back to the Mississippi where I was
- 15:32Speaker 2: put in jail in Lafour County, and that's where I
- 15:35Speaker 2: sat until I went to trial in October of ninety seven.
- 15:38Speaker 1: So you get charged with four counts of capital murder.
- 15:41Speaker 1: Let's go to trial number one. Hard to believe that
- 15:44Speaker 1: you had six damn trials. I mean, that's not a
- 15:47Speaker 1: record that I think you ever wanted to hold or set.
- 15:49Speaker 1: And it was not the winning So the first trial,
- 15:52Speaker 1: they only tried you for one of the murder's birth Attartey,
- 15:55Speaker 1: So I know your attorney had tried to combine them
- 15:57Speaker 1: right into one case, but of course that was denied.
- 16:00Speaker 1: Everything he tried was denied pretty much. So the trial
- 16:03Speaker 1: was moved to Lee County and the jury was get
- 16:07Speaker 1: ready all wait. Now, from what I understand, it was
- 16:11Speaker 1: moved to Lee County because of extensive media coverage. Is
- 16:14Speaker 1: that your understanding? That's what I heard.
- 16:15Speaker 2: And then they claimed that I couldn't get a fair
- 16:18Speaker 2: trial in my own hometown. Keep in mind, I went
- 16:21Speaker 2: on it is forty five black What about Lee. I
- 16:25Speaker 2: don't know the population there, but the blacks that were there,
- 16:29Speaker 2: they didn't get on the juror. So it's due in
- 16:32Speaker 2: his trial tactics, you know, right.
- 16:34Speaker 1: And those are called peremptory challenges, right, which is the
- 16:37Speaker 1: technical term for defendants or lawyer's objection to a proposed juror,
- 16:41Speaker 1: which is made without needing to give a reason. But
- 16:44Speaker 1: it is illegal to exclude jurors because of their race. Yes,
- 16:48Speaker 1: so they had plenty of black jurors to choose from,
- 16:51Speaker 1: they just didn't choose to put any of them on
- 16:53Speaker 1: your jury exactly. So now magically the prosecution had found
- 16:57Speaker 1: two more witnesses, and we hear this again and again
- 17:00Speaker 1: right on this show. These are incentivized jail house nitches,
- 17:04Speaker 1: Frederick Veal and Maurice Hawkins. And they both testified that
- 17:09Speaker 1: you were their cellmate while you were waiting trial, and
- 17:12Speaker 1: that you admitted to committing the crime. So jail house nitches,
- 17:16Speaker 1: they are the most unreliable witnesses of all because they're
- 17:20Speaker 1: all incentivized, and sometimes they lie about being incentivized while
- 17:23Speaker 1: they're lying about overhearing these magical confessions. Right. So both
- 17:26Speaker 1: of these two guys later recanted, We're just going to
- 17:29Speaker 1: speculate that they may have gotten whatever they were going
- 17:32Speaker 1: to get, they got reduced senses that got rewarded in
- 17:34Speaker 1: some way. So now we get to Patricia Hallman, who
- 17:37Speaker 1: was a neighbor of yours, and she testified that on
- 17:41Speaker 1: the morning of the crime, around seven thirty am, she
- 17:44Speaker 1: saw you going into your house in a rage. I
- 17:47Speaker 1: can just picture her making up this story, okay. And
- 17:49Speaker 1: other witnesses testified to seeing you at various times that morning,
- 17:53Speaker 1: including Catherine Snow, who claimed that she saw you leaning
- 17:57Speaker 1: against the car outside the factory where Simpson worked. Clemmy
- 18:01Speaker 1: Fleming testified that she got a ride home from Roy
- 18:05Speaker 1: Harris to go make a payment at Tardy Furniture, but
- 18:07Speaker 1: she said she didn't go in because she was pregnant
- 18:09Speaker 1: and feeling sick, so Harris drove her home. Now, why
- 18:12Speaker 1: does that matter, because she said she saw you running
- 18:14Speaker 1: away from the store, and Harris said he also saw
- 18:18Speaker 1: someone running but only thought it was you because Fleming said,
- 18:22Speaker 1: so this web is getting deep and deeper. So now
- 18:27Speaker 1: comes Jack Matthews, an investigator for the Mississippi Highway State Patrol,
- 18:30Speaker 1: who testified that based on a ledger sheet at Tardy Furniture,
- 18:34Speaker 1: two hundred eighty seven dollars was missing from the cash straw. Now,
- 18:37Speaker 1: they then came up with a theory, the two hundred
- 18:39Speaker 1: and fifty five dollars that was found in Connie's home
- 18:42Speaker 1: your girlfriend was the same money that was missing for
- 18:44Speaker 1: the furniture store. Amazing, because no one else had two
- 18:47Speaker 1: hundred dollars in it must have been the same two
- 18:50Speaker 1: hundred dollars.
- 18:51Speaker 2: And I thought that was so crazy. Is she not
- 18:53Speaker 2: allowed to save money?
- 18:55Speaker 1: I mean, I imagine most people in town had a little
- 18:58Speaker 1: bit of cash in their house, like they could have said, hey, thing,
- 19:00Speaker 1: I agree, could have been twenty dollars. Oh, here's the
- 19:02Speaker 1: twenty from the store. What do you know? Amazing. I'm
- 19:08Speaker 1: glad you could laugh about it because I'm about to cry.
- 19:10Speaker 1: A forensic sometimes you have the lad keep him crying, Okay. Well,
- 19:14Speaker 1: so then there was a forensic analyst who conducted the
- 19:18Speaker 1: gunshot residue test on your hands, which magically produced one particle,
- 19:23Speaker 1: who testified that the residue certainly had to be from
- 19:27Speaker 1: handling a gun and not anything else. So this is
- 19:30Speaker 1: a guy who didn't know what the fuck he was
- 19:31Speaker 1: talking about, because we know that that's not true. True.
- 19:35Speaker 1: Then Ballish testified, remember him from before, one hundred percent
- 19:39Speaker 1: positive that the bullets recovered from the scene had been
- 19:41Speaker 1: fired from Simpson's gun. But when testified about the ten
- 19:44Speaker 1: and a half size feel a box found in her home,
- 19:46Speaker 1: your girlfriend told the story that you had said right,
- 19:49Speaker 1: She had purchased for her son in November of ninety five,
- 19:52Speaker 1: and that her son took them when he moved to
- 19:54Speaker 1: his father's in ninety six. They could have verified that
- 19:56Speaker 1: if they cared exactly, you testified that he would start
- 20:00Speaker 1: working at Tardi or July ninety six. What was your
- 20:03Speaker 1: testimony with the batteries about, Like I.
- 20:05Speaker 2: Told them, she sent me around to I think it
- 20:07Speaker 2: was a tasko at the time who sold her the batteries. Now,
- 20:11Speaker 2: my job was to just pick the batteries up and
- 20:13Speaker 2: take them out to the country club, and they were
- 20:16Speaker 2: going to put them on the golf carts. But you know,
- 20:18Speaker 2: pulling off from a tasko to the battery slid out.
- 20:22Speaker 2: He hit the payment and one was leaking the other one.
- 20:26Speaker 2: There was nothing wrong with the battery other than you know,
- 20:28Speaker 2: the ages got danged up on the concrete, and she said, well,
- 20:31Speaker 2: just take them back around there and I'm gonna call
- 20:34Speaker 2: and see if they give me some type of deal
- 20:35Speaker 2: on them or replace them. If they can't, then you debt.
- 20:38Speaker 2: I have to come out of your pain. I said,
- 20:40Speaker 2: I have no problem with that, because I was you right.
- 20:43Speaker 2: I spoke to time down no offense. But that's a
- 20:46Speaker 2: boring ass story. I mean, yes it is.
- 20:50Speaker 1: And it wasn't the only boring part of your day,
- 20:52Speaker 1: because on the day of the crime, you also testified
- 20:55Speaker 1: about getting up at nine cooking a little breakfast yeah,
- 20:58Speaker 1: hand on a can of short yeah, the sister's house
- 21:01Speaker 1: to get some bandages, and convenience store to buy some
- 21:03Speaker 1: beer and chips. It really sounds like a very average,
- 21:06Speaker 1: average day, average day. And you told them that you
- 21:09Speaker 1: hadn't committed the crime, they hadn't stolen the gun, and
- 21:12Speaker 1: that you hadn't been running near the store at ten am. True.
- 21:16Speaker 1: You also told them, which was again easily verifiable, that
- 21:18Speaker 1: you wore size eleven Nike shoes, and that you shot
- 21:22Speaker 1: off fireworks the day before the murders and handled the
- 21:24Speaker 1: lead car battery. I working on the truck, which you
- 21:27Speaker 1: know you're not a scientist, but even you could figure
- 21:29Speaker 1: out that these things could cause this, you know, confusion
- 21:32Speaker 1: to the testing.
- 21:35Speaker 2: Well, I later found that out. You know, I'm just
- 21:37Speaker 2: being honest about what I did.
- 21:39Speaker 1: And what about alibi witnesses? Do you have any alibi?
- 21:42Speaker 2: But just at the first trial, only the keys, and
- 21:44Speaker 2: they brewed that they didn't want to bring the keys
- 21:46Speaker 2: in it because they were so young, you know, and
- 21:49Speaker 2: dramatism or anything like that. But there was a few
- 21:52Speaker 2: people wo knew my where about them. My cousin even
- 21:54Speaker 2: come by the house and told me what was going on.
- 21:57Speaker 2: He said, when I first heard it, all I thought
- 21:59Speaker 2: about was you. I thought you got killed down there,
- 22:01Speaker 2: so I can't over here to check on you.
- 22:03Speaker 1: And then the jury deliberated for one whole hour, one
- 22:08Speaker 1: whole hour, one hour. I can't imagine what that conversation
- 22:12Speaker 1: was like. The all white jury convicted you in an hour,
- 22:16Speaker 1: and later that day they went ahead and imposed the
- 22:18Speaker 1: death penalty.
- 22:20Speaker 2: Oh man, my word was turned upside down. Put it
- 22:24Speaker 2: in this whole and parchment is I cannot describe portion
- 22:30Speaker 2: to you. If you didn't have someone on the outside
- 22:37Speaker 2: who love and support you, it was hard to maintain
- 22:41Speaker 2: in there. Them guys just taking sheets and taking their
- 22:44Speaker 2: own live and I've experienced that a lot while I
- 22:48Speaker 2: was there. It's a bad place.
- 23:12Speaker 1: So between Trot one and two the jail house niche
- 23:15Speaker 1: mister Veale recanted his testimony, saying that he had been
- 23:18Speaker 1: coerced by the prosecution and promised a piece of the reward.
- 23:21Speaker 1: But Hawkins stood by his testimony. But when your attorney
- 23:25Speaker 1: confronted him with the transcript of an interview he had
- 23:28Speaker 1: done during which he never talked about you. In the transcript,
- 23:33Speaker 1: he said that he testified quote to protect myself from
- 23:37Speaker 1: doing time and getting killed end quote. In exchange for
- 23:40Speaker 1: his testimony, very important, Hawkins's cocaine charge was dropped and
- 23:44Speaker 1: he got house arrests for burglary. I guess that mister
- 23:48Speaker 1: Hawkins was a black man. Did they typically give black
- 23:51Speaker 1: men house arrest for burglary in Mississippi? No, I need
- 23:55Speaker 1: to answer that question. I just wanted to hear you
- 23:57Speaker 1: say it, okay. So while the first conviction was being appealed,
- 24:02Speaker 1: a second trial occurred and it was moved to Harrison County,
- 24:06Speaker 1: and this second trial was for the murder of Derek
- 24:08Speaker 1: Bobo Stewart. This time the jury was made up of
- 24:12Speaker 1: eleven white jurors and one black juror, so they managed
- 24:16Speaker 1: to get one on there this time, but that didn't
- 24:18Speaker 1: help either. But in this trial, Roy Harris, the guy
- 24:22Speaker 1: who allegedly took Connie Fleming, remember her by the Tarti's
- 24:26Speaker 1: Furniture store. Yes, he testified again, but this time he
- 24:30Speaker 1: said that he saw a man running in downtown Winona
- 24:32Speaker 1: at nine am instead of ten am, and it Miss
- 24:35Speaker 1: Fleming was not with him, which was a totally different
- 24:38Speaker 1: story than he had told the first time. Well, so
- 24:41Speaker 1: he was trying to have in trouble remembering his own lie,
- 24:43Speaker 1: so he said that an hour later. It is hard
- 24:45Speaker 1: when you lie to remember them sometimes, so he said
- 24:50Speaker 1: that an hour later, around ten, Fleming had asked him
- 24:52Speaker 1: to take her to Tardi Furniture, but she changed her mind.
- 24:54Speaker 1: They turned around before even arriving, another change, so nothing
- 24:58Speaker 1: was consistent. So Cleming flemings is cousins Latarsha Blissett and
- 25:01Speaker 1: Stacy Wright both testified that Fleming admitted to them that
- 25:05Speaker 1: she had not seen you running from the store. Fleming's
- 25:08Speaker 1: sister Mary Ella also testified, saying that Fleming came to
- 25:12Speaker 1: her house on the morning of the murders, and a
- 25:14Speaker 1: friend stopped over to tell them that Bertha Tarti had
- 25:16Speaker 1: been killed. Mary Ella testified that she and Fleming went
- 25:19Speaker 1: to Tardi Furniture, but that Fleming never mentioned seeing you
- 25:22Speaker 1: that morning. There's so many holes in this like Swiss cheese.
- 25:27Speaker 1: A few pieces defense also called your defense called O'Dell
- 25:30Speaker 1: Homman Junior, who was the brother of Patricia Hammond who
- 25:33Speaker 1: testified in the first trial, and Odell mister Holman Junior,
- 25:36Speaker 1: who was imprisoned on a provation violation for aggravated assault,
- 25:39Speaker 1: testified that Patricia was lying, doing so at his suggestion
- 25:43Speaker 1: in an attempt to cash in on the reward. The
- 25:45Speaker 1: pieces are just falling off this puzzle, you know they are. Nonetheless,
- 25:50Speaker 1: you were convicted again on March thirtieth, nineteen ninety nine,
- 25:53Speaker 1: convicted of capital murder and got death penalty again. So
- 25:57Speaker 1: now we get to the reversals. In December of two thousand,
- 26:00Speaker 1: the Mississippi Supreme Court reversed your first conviction in ordered
- 26:05Speaker 1: a new trial. Now, no mention was made of the
- 26:07Speaker 1: racially biased jury selection, which is odd, but they did
- 26:11Speaker 1: hold that your trial was unfair because the prosecution presented
- 26:15Speaker 1: evidence of all four murders when you were only being
- 26:18Speaker 1: tried for the murder of Miss Tardy. This led to
- 26:21Speaker 1: the jury's exposure to inflammatory and prejudicial evidence. Sure, they
- 26:25Speaker 1: thought you were like a mass killer, right, they were
- 26:28Speaker 1: probably scared to you. The court also noted that Evans's
- 26:32Speaker 1: cross examination included questions that had no basis in fact
- 26:35Speaker 1: and that were in poor faith. Evans also presented information
- 26:39Speaker 1: that was never in evidence. Now for the Mississippi Supreme
- 26:42Speaker 1: Court to say, it's pretty strong. So in April two
- 26:45Speaker 1: thousand and three, now, the Mississippi Supreme Court also reversed
- 26:49Speaker 1: your conviction for mister Stewart's murder. The court found the
- 26:52Speaker 1: same issues in the first trial, naturally because it was
- 26:54Speaker 1: the same prosecutor. They're in the same dirty tricks, emphasizing
- 26:57Speaker 1: that your right to a fair trial was impossible due
- 26:59Speaker 1: to the prosecution including evidence from the other murders. But
- 27:01Speaker 1: still they didn't mention the racially biased jury selection, which
- 27:04Speaker 1: would seem to be the most obvious thing of all.
- 27:07Speaker 1: But at least they got it right for the Well,
- 27:09Speaker 1: they didn't get all the reasons, but they got it
- 27:11Speaker 1: right for one of the reasons or two of the reason,
- 27:13Speaker 1: whatever it is. But due to these two reversals, the
- 27:17Speaker 1: prosecution now decided they would do what your defense larder
- 27:19Speaker 1: to ask for all his years ago, which was to
- 27:21Speaker 1: consolidate the four cases. So trial three February two thousand
- 27:24Speaker 1: and four. Now you're being tried for all four murders.
- 27:26Speaker 1: This trial was held, was held. This was held in
- 27:31Speaker 1: Montgomery County. Now why is it? Why are we laughing?
- 27:33Speaker 2: Because that's when it started. They moved it out of
- 27:36Speaker 2: one owner and it brought it back to one on them.
- 27:39Speaker 2: So now all of a sudden, it's okay to try
- 27:40Speaker 2: you back? And why knowing okay?
- 27:42Speaker 1: During jury selection, the prosecution used seven of their challenges
- 27:47Speaker 1: to get rid of black jurors. The defense objected correctly,
- 27:50Speaker 1: contending that it was racially motivated, could have been a coincidence,
- 27:54Speaker 1: but sure liked. The prosecution then used its remaining five
- 27:58Speaker 1: run three challenges black people as well. The jury was
- 28:02Speaker 1: ultimately composed, you guessed it, eleven white jurors and one
- 28:07Speaker 1: black juror. Yes, And the one black person that managed
- 28:11Speaker 1: to get on this jury was only selected because again,
- 28:15Speaker 1: I don't want to insult anybody's intelligence, because you're going
- 28:17Speaker 1: to know this before I say it, But it's because
- 28:20Speaker 1: they ran out of parentory challenges. The prosecution couldn't get
- 28:23Speaker 1: rid of the last black person, so that person was
- 28:28Speaker 1: put on the jury, and the court ruled that this
- 28:32Speaker 1: was not racially discriminatory, that they just happened to use
- 28:34Speaker 1: all twelve of their challenges to get rid of black people.
- 28:37Speaker 1: Crazy coincidence, though, say, and this trial was similar to
- 28:43Speaker 1: the first two, but this time mister Hammond Junior, remember
- 28:46Speaker 1: Odell Hollmon Junior, testified for the prosecution. He said that
- 28:49Speaker 1: while he was in prison, you confessed to him that
- 28:51Speaker 1: you committed the murders. And it wasn't until much later
- 28:55Speaker 1: that we found out what his little deal was. Right, Yes,
- 28:59Speaker 1: and it's crazy, right because everybody that watches TV knows
- 29:03Speaker 1: you can't bribe a witness, right you go to jail
- 29:06Speaker 1: for that shit you do. But they don't. They can
- 29:08Speaker 1: drive all the witnesses they want, all they want, and
- 29:11Speaker 1: they got better bribes than anybody the outside could possibly have.
- 29:13Speaker 1: I don't care if you go to somebody who say
- 29:14Speaker 1: I give you a million knowledge, testify the way I
- 29:17Speaker 1: want you to, they can say I'll let you out
- 29:19Speaker 1: of prison. Exactly in his case. That's what happened. Oh boy. Okay,
- 29:23Speaker 1: So February two thousand and four, the jury convicted you
- 29:27Speaker 1: of all four council capital murder and your sentenced to
- 29:30Speaker 1: death again. Harder believe you're sitting here as many times
- 29:32Speaker 1: you even sends to death here. You strike me as
- 29:35Speaker 1: easy to love and hard to kill. But that's just me, okay. Anyway,
- 29:41Speaker 1: Three years later, on February first, two thousand and seven,
- 29:45Speaker 1: here goes again. The Mississippi Supreme Court reversed the convictions
- 29:48Speaker 1: again and order the new trial. The court found that
- 29:51Speaker 1: prosecution was racially discriminatory in jury selection, this time, noting
- 29:54Speaker 1: that the case was and I quote, as strong as
- 29:57Speaker 1: a prima facie case of racial discriminated as we have
- 30:00Speaker 1: ever seen. That's powerful in Mississippi or anywhere. But that's crazy.
- 30:05Speaker 1: So okay, now they try you again. Call me kookie,
- 30:08Speaker 1: But I don't think the same prosecutor should be allowed
- 30:10Speaker 1: to just keep trying the same personal true again. I
- 30:12Speaker 1: think that might be some way you want to take
- 30:14Speaker 1: a look at. But age this time, the jury consisted
- 30:16Speaker 1: of seven white and five black jurors.
- 30:18Speaker 2: They gave me a little hope.
- 30:19Speaker 1: Now, December fifth, two thousand and seven, a mistrial was
- 30:22Speaker 1: declared as the jury could not reach a verdict and
- 30:25Speaker 1: get ready for another shocker surprise ending seven white members
- 30:30Speaker 1: of the jury voted to convict and the five black
- 30:33Speaker 1: members voted to a quit. I don't even have the
- 30:35Speaker 1: right words for that. So here comes trial number five
- 30:38Speaker 1: September two thousand and eight. This time the jury was
- 30:41Speaker 1: made up of nine white and three black members. The
- 30:45Speaker 1: jury ended up in another mistrial, this time voting eleven
- 30:49Speaker 1: to one to convict. The one dissenting person was a
- 30:52Speaker 1: black person. And comes trial number six in summer of
- 30:54Speaker 1: twenty ten, and this time the jury was composed of
- 30:58Speaker 1: eleven white and one black member, and they found you
- 31:02Speaker 1: guilty on all four counts of capital murder again on
- 31:06Speaker 1: June eighteenth to twenty ten, and sentenced you to death again.
- 31:10Speaker 1: And now we get to the post post post post post.
- 31:16Speaker 1: It took me a long time just to say everything.
- 31:18Speaker 1: You had to live its conviction litigation. So you were
- 31:21Speaker 1: represented now by ker Weeble and Jerry Lynn Johnson from
- 31:26Speaker 1: the Cornell Law School Death Penalty Clinic, and they appealed
- 31:28Speaker 1: your conviction. In twenty fourteen, the Mississippi Supreme Court upheld
- 31:33Speaker 1: the convictions and death sentences it The team sought review
- 31:37Speaker 1: in the US Supreme Court, and in twenty sixteen, they
- 31:42Speaker 1: ordered the Mississippi Supreme Court to review the possibly racially
- 31:46Speaker 1: discriminatory jury selection. In November twenty seventeen, it was ruled
- 31:51Speaker 1: I'm getting the chills again. It was ruled by a
- 31:53Speaker 1: five to four vote that there was no discrimination. True,
- 32:00Speaker 1: the most polite way I can think of to say,
- 32:03Speaker 1: this is, what the fuck are they talking about? Well,
- 32:10Speaker 1: I think I did say it that way. You would
- 32:12Speaker 1: out for hear that, you know, sayd it really is.
- 32:17Speaker 1: But your team appealed to the US Supreme Court again,
- 32:21Speaker 1: and this is when American Public Media APM started their investigation.
- 32:26Speaker 1: And they did as we talked about the podcast in
- 32:28Speaker 1: the Dark, And this podcast began in May twenty eighteen,
- 32:34Speaker 1: and it was a big hit, a big, big hit,
- 32:36Speaker 1: big hit, and the things they uncovered are shocking. Fleming
- 32:42Speaker 1: now said her testimonies and all of the trial were liies.
- 32:45Speaker 1: She confessed that quote the whole this is her quote.
- 32:48Speaker 1: The whole time I've been telling them, I don't remember
- 32:50Speaker 1: the day. The whole time I've been telling them. I
- 32:52Speaker 1: don't remember the day. I've been confused of the day
- 32:55Speaker 1: from the beginning. I just didn't know how to say it.
- 32:57Speaker 1: I was scared I was going to jail. Wow okay.
- 33:04Speaker 1: Odell Hallman also recanting, saying that everything was all make
- 33:08Speaker 1: believe on his part, and he also said that Evans
- 33:11Speaker 1: dropped the drug charges penning against him and offered him
- 33:15Speaker 1: other legal assistants. Roy Harris, who was the friend and
- 33:18Speaker 1: driver of Clemmy Fleming, told the podcast that police had
- 33:22Speaker 1: showed him a photo of you, and Harris said that
- 33:25Speaker 1: the man he saw running away was not you exactly,
- 33:30Speaker 1: and eventually he thought he was going to get arrested
- 33:33Speaker 1: if he didn't say it was you, so he did.
- 33:35Speaker 1: Edward McChristian also recanted his testimony that he was sitting
- 33:39Speaker 1: on the porch at seven thirty eight am when you
- 33:41Speaker 1: supposedly allegedly walked past his house from dear uncle Doyle
- 33:45Speaker 1: Simpson's workplace, the garment factory, where the testimony had tied
- 33:50Speaker 1: you to the alleged stolen gun. So all those lies
- 33:53Speaker 1: are now unraveling. So in June twenty nineteen, the US
- 33:58Speaker 1: Supreme Court reversed your convictions and death SeNSS by a
- 34:02Speaker 1: vote of seven to two, seven to two. That's amazing.
- 34:06Speaker 1: It ruled that the prosecution had engaged in racially discriminatory
- 34:10Speaker 1: jury selection because they had struck forty one of the
- 34:14Speaker 1: forty two black prospective jurors in the sixth trials combined.
- 34:18Speaker 1: So Sherry Lynn Johnson had made the argument that led
- 34:21Speaker 1: to the US Supreme Court decision to reverse. She argued
- 34:24Speaker 1: that your case should be dismissed and not brought to
- 34:26Speaker 1: a seventh trial. Should be obvious to anybody as you
- 34:29Speaker 1: had already spent over twenty years now on death row,
- 34:34Speaker 1: and that the evidence against you was basically advantished. It
- 34:37Speaker 1: was non existent. It never had existed. But that is
- 34:41Speaker 1: just proven that it had never existed. The Washington DC
- 34:43Speaker 1: law firm of Hogan Lovel's, as well as the friend
- 34:46Speaker 1: of the show, the director of the Mississippi Innocence Project,
- 34:49Speaker 1: Tucker Carrington, the Mississippi Office of Post Conviction Council got involved,
- 34:53Speaker 1: as well as attorney's Rob McDuff we know him, and
- 34:55Speaker 1: Henderson Hill. They all began preparing for a possible retroal.
- 35:00Speaker 1: Now you had the Dream Team training team Avengers. Yes,
- 35:04Speaker 1: and on December sixteenth, twenty nineteen, you were finally released
- 35:08Speaker 1: the home confinement to wait for your seventh trial. This
- 35:12Speaker 1: had been almost twenty three years in prison, right right
- 35:15Speaker 1: in twenty three. What do you remember about that day?
- 35:17Speaker 2: I was nervous, you know, you know, I'd have been
- 35:20Speaker 2: so close to home out of all the years and
- 35:22Speaker 2: never made it, you know. And at that time, I
- 35:25Speaker 2: was like, I don't see him giving me bail by
- 35:28Speaker 2: letting me go home, you know, until they decide what
- 35:31Speaker 2: they want to do, whether they want to have a
- 35:32Speaker 2: seventh trial or not. But we got in the courtroom,
- 35:36Speaker 2: you know, and Doug Gibson didn't even show up that day.
- 35:38Speaker 2: He sent his assistant judge Lober talking, and he got
- 35:42Speaker 2: started in about Doug the DA not showing up. You know,
- 35:46Speaker 2: I would expect him to be here, you know. And
- 35:49Speaker 2: and the more he talked, the better I felt. The
- 35:52Speaker 2: more he talked about Doug. And then he said, you know,
- 35:56Speaker 2: at this time, you know, I am going to grant Ball.
- 35:59Speaker 1: Where'd you're going? Tex? Back to the plane on plane on
- 36:01Speaker 1: to your sisters. Yes, what was your first meal when
- 36:04Speaker 1: you got out? Oh? Man?
- 36:06Speaker 2: So I had fried fish, catfish, hush puppet French fried
- 36:11Speaker 2: cold saw and he was a funny thing too, because
- 36:15Speaker 2: we were in the restroom, me and my brother in law.
- 36:17Speaker 2: It has been like seven to eight other guys. So
- 36:20Speaker 2: I'm standing at the urinal and you know, related myself.
- 36:23Speaker 2: So I get through, I'm looking for the handle, and
- 36:28Speaker 2: everybody was saying, just just walk away. I said, no,
- 36:30Speaker 2: that's rude. You don't leak in a urinar and just
- 36:32Speaker 2: walk away. I said, leat it on that start smelling,
- 36:34Speaker 2: you know, everybody, hey, just walk away.
- 36:37Speaker 1: I stepped back.
- 36:37Speaker 2: He flushed itself and I had to walk back up
- 36:40Speaker 2: to it and look at it, you know. And one
- 36:42Speaker 2: of the guys in there, the white guy, he said,
- 36:44Speaker 2: I don't know where you being, but you've been going
- 36:46Speaker 2: for a long time. I said, yes, I have, and
- 36:51Speaker 2: I'm washing my hand. And as my brother in law
- 36:54Speaker 2: walked back through the restaurant drive my hands and everything,
- 36:57Speaker 2: people were just stopping me. It's gonna be okay. And
- 37:00Speaker 2: I guess they went back got and told their wives
- 37:02Speaker 2: and everything about what happened in the bathroom, you know,
- 37:05Speaker 2: and people were just telling me it's gonna be okay. Yes,
- 37:09Speaker 2: I mean, it was funny and emotion at the same time.
- 37:13Speaker 1: On December sixteenth, twenty nineteen, you were released to home
- 37:17Speaker 1: confinement waiting for the seventh trial, like we talked about.
- 37:21Speaker 1: And then in January twenty twenty, Evans stepped off the
- 37:26Speaker 1: case and the Attorney General's office began reviewing it. So
- 37:31Speaker 1: and sure enough, on September fourth, twenty twenty, Mississippi Attorney
- 37:35Speaker 1: General Lynn Fitch announced that the charges were going to
- 37:37Speaker 1: be dismissed, and you stated, I'm now I'm going to
- 37:40Speaker 1: quote you, even though you're sitting right here in front
- 37:42Speaker 1: of me. Today, I am finally free from the injustice
- 37:45Speaker 1: that left me locked in a box for twenty three years.
- 37:50Speaker 2: I felt like doing flips, and you know, big guy
- 37:53Speaker 2: like me shouldn't be doing flips. But it happened, as
- 37:58Speaker 2: I can't even describe here. George Loeper say, you know
- 38:04Speaker 2: I dismissed this case with prejudice. Yes, and you know,
- 38:09Speaker 2: and at the time the words didn't even wring on me.
- 38:11Speaker 2: And someone told me, he said, when he said with prejudice,
- 38:15Speaker 2: that means that they can never try you again.
- 38:19Speaker 1: Yeah, that's beautiful, And it's funny because prejudice is usually
- 38:22Speaker 1: a bad word. Only instance I could think of when
- 38:24Speaker 1: it's a good word. Yes. So in the meantime, it's
- 38:27Speaker 1: great to see you out here living your best life married,
- 38:31Speaker 1: you know, traveling. What can our listeners do to show support.
- 38:35Speaker 2: I do have a gofund me out there, so.
- 38:37Speaker 1: Yes, we'll have it linked in the bio. So now,
- 38:40Speaker 1: mister Flowers, we have a segment of our show that
- 38:45Speaker 1: I love the most, which is called Closing Arguments. It
- 38:49Speaker 1: works like this. First of all, I again thank you
- 38:52Speaker 1: for just being you and being here in the studio
- 38:56Speaker 1: with me. And then I turned my microphone off, kick
- 38:59Speaker 1: back in my chair and sometimes I close my eyes
- 39:02Speaker 1: and just listen to anything else you have to say.
- 39:05Speaker 1: It's called closing arguments, and you have the mic and
- 39:08Speaker 1: you can just talk about anything you think you want
- 39:11Speaker 1: to share.
- 39:12Speaker 2: Well, I would first like to thank you all for
- 39:14Speaker 2: having me, and I think you also got all right.
- 39:17Speaker 2: I really do and look forward to hanging out with you.
- 39:20Speaker 2: So all the listeners are I asked that we strive
- 39:26Speaker 2: for change, you know, and make this a better place.
- 39:30Speaker 2: I think we all should get along and love one
- 39:34Speaker 2: another and not hate for no reason at all. You know,
- 39:42Speaker 2: I'm a laid back guy. I'm easy to get it along.
- 39:44Speaker 2: With I would like to send shout out to all
- 39:48Speaker 2: the victim's family and I hope one day soon that
- 39:54Speaker 2: they find the real guy.
- 40:04Speaker 1: Thank you for listening to Wrongful Conviction with Jason Flahm.
- 40:08Speaker 1: Please support your local innocence projects and go to the
- 40:11Speaker 1: link in our bio to see how you can help.
- 40:13Speaker 1: I'd like to thank our production team Connor Hall, Jeff
- 40:16Speaker 1: Clyburn and Kevin Warnis. The music on the show, as always,
- 40:20Speaker 1: is by three time OSCAR nominated composer Jay Ralph. Be
- 40:24Speaker 1: sure to follow us on Instagram at Wrongful Conviction and
- 40:27Speaker 1: on Facebook at Wrongful Conviction Podcast. Wrongful Conviction with Jason
- 40:31Speaker 1: Flahm is a production of Lava for Good Podcasts and
- 40:34Speaker 1: association with Signal Company Number one