Latest / Wrongful Conviction / #559 Jason Flom with Ryan Ferguson
Transcript
- 0:02Speaker 1: I fell into the hands of a corrupt detective.
- 0:07Speaker 2: I was naive enough to believe that I would be
- 0:10Speaker 2: able to just present all of my proof of actual innocence,
- 0:13Speaker 2: that they would investigate adequately, and so that I wouldn't
- 0:15Speaker 2: be going to prison because I was a good person.
- 0:17Speaker 2: I hadn't do anything wrong.
- 0:19Speaker 1: In the back of your mind, you say, well, when
- 0:21Speaker 1: we go to a hearing or we go to court,
- 0:23Speaker 1: the truth will come out. The prosecution from day one
- 0:26Speaker 1: knew I was innocent and let forced testimony go uncorrected
- 0:30Speaker 1: from the lower courts all the way up to the
- 0:33Speaker 1: United States Supreme Court.
- 0:36Speaker 3: You have someone with a badge with ultimate and really,
- 0:41Speaker 3: in that moment, unchecked authority.
- 0:44Speaker 2: Don't presume that people are guilty when you see them
- 0:47Speaker 2: on TV, because it may just be a dirty da
- 0:50Speaker 2: that is trying to rise upward.
- 0:57Speaker 4: This is wrongful conviction. Welcome back to Wrongful Conviction with
- 1:16Speaker 4: Jason Flamm. Today's guest is a friend of mine. He's
- 1:20Speaker 4: a remarkable human and an inspiration to everybody who knows him.
- 1:25Speaker 4: And I will embarrass you, but without further ado, let
- 1:29Speaker 4: me introduce you Ryan Ferguson. At just nineteen years old,
- 1:32Speaker 4: Ryan Ferguson was wrongly convicted of murder. He served nearly
- 1:35Speaker 4: a decade in prison.
- 1:37Speaker 5: Ferguson was convicted for the brutal murder of beloved journalist
- 1:40Speaker 5: ken Heidholt in two thousand and one. The crime scene
- 1:43Speaker 5: outside the newspaper where he worked littered with physical evidence
- 1:46Speaker 5: bloody footprints, fingerprints, and even hair, but none of it
- 1:49Speaker 5: matched Ryan. Again and again, he denied knowing anything about
- 1:54Speaker 5: the murder. Charles Erickson, a childhood friend of Ryan's, came
- 1:57Speaker 5: forward two years after the murder, claiming he had dreamlike
- 2:01Speaker 5: visions that he and Ryan committed the crime together. When
- 2:04Speaker 5: police led Ericson to believe Ferguson would testify against him,
- 2:07Speaker 5: Erickson said he felt pressure to confess to the murder,
- 2:11Speaker 5: thinking he'd otherwise face the death. Comedy and a second witness,
- 2:14Speaker 5: janitor Jerry Trump, identified Ferguson as one of two men
- 2:18Speaker 5: he saw in the parking lot immediately after the murder.
- 2:21Speaker 5: In the years after that two thousand and five conviction,
- 2:24Speaker 5: both of those crucial prosecution witnesses recant in their testimony.
- 2:29Speaker 4: On his last appeal attempt, Ryan's conviction was overturned.
- 2:33Speaker 5: After a year and a half more behind Barns. Finally,
- 2:36Speaker 5: and at Pellet Court overturned that ruling, finding quote newly
- 2:40Speaker 5: discovered evidence clearly and convincingly establishes that he's actually innocent.
- 2:45Speaker 5: And then the Missouri Attorney General's office announced it will
- 2:49Speaker 5: not retry or pursue further action against Ryan Ferguson at
- 2:52Speaker 5: this time, meaning Ryan Ferguson was a free man.
- 2:58Speaker 4: Welcome to the show.
- 3:00Speaker 6: Thanks for having me. It's a pleasure to be on
- 3:02Speaker 6: your podcast. I remember when you when you launched it
- 3:05Speaker 6: the launch party.
- 3:05Speaker 3: Man, just being there was amazing, And I want to
- 3:07Speaker 3: say before we start, just thank you so much for
- 3:10Speaker 3: what you do for everyone, including myself. You know, you
- 3:13Speaker 3: were part of my case before I got out, and uh,
- 3:16Speaker 3: and that gave me a lot of hope and I
- 3:18Speaker 3: appreciate that. And then you've been very supportive to myself
- 3:21Speaker 3: and everyone that I know in the innocence community since
- 3:23Speaker 3: I've been out, and it's just amazing to see what
- 3:25Speaker 3: you do for everyone. So thank you first and foremost,
- 3:29Speaker 3: and let's get this thing started.
- 3:31Speaker 4: Oh well, I don't know, I gotta take a breath
- 3:33Speaker 4: after that, but thank you for saying so. I uh,
- 3:36Speaker 4: you know, I forget these things because you know, there's
- 3:38Speaker 4: just so much to do every day. Because this is
- 3:41Speaker 4: such a an epidemic in this country. You couldn't have
- 3:45Speaker 4: seen this coming a million miles away. We'll talk about that, right.
- 3:49Speaker 4: So you're you're from Missouri, right.
- 3:51Speaker 6: Yep, from Missouri. I was born born in Australia, raised
- 3:54Speaker 6: in Missouri.
- 3:55Speaker 4: So you grew up in Missouri. And what was that like?
- 3:57Speaker 4: I mean, you had you had a happy childhood.
- 3:58Speaker 3: I had a great childhood. Grew up in Columbia, is
- 4:01Speaker 3: right in the middle of Missouri. University of Missouri, college town,
- 4:04Speaker 3: great town, a lot of culture, education, a lot to do,
- 4:09Speaker 3: and so for me, it was a town of opportunity.
- 4:12Speaker 3: I had great education. My parents, they took me all
- 4:15Speaker 3: over the world. They traveled with me constantly, and I
- 4:19Speaker 3: got to learn a lot about people from being in
- 4:21Speaker 3: that town and from traveling and everything else.
- 4:22Speaker 6: So my childhood couldn't have been any better.
- 4:26Speaker 4: A close family, very close family.
- 4:29Speaker 3: We were all together my whole life, and you know,
- 4:31Speaker 3: it was it was like the picture book.
- 4:34Speaker 6: Family, right, you know, mom, dad's sister.
- 4:36Speaker 3: We had a little dog, and you know, just a
- 4:38Speaker 3: little middle class existence and everyone was happy.
- 4:41Speaker 6: Everything Everything was going good.
- 4:43Speaker 3: And I played sports in high school and had a
- 4:46Speaker 3: lot of friends and everything, and then went to college,
- 4:49Speaker 3: and at that point everything was still very normal.
- 4:53Speaker 4: Everything was very normal until everything went completely haywire. And
- 4:58Speaker 4: you hadn't had any experience with police or arrests or
- 5:02Speaker 4: authority in any way to this point.
- 5:04Speaker 3: Right, Well, I had never been accused of any crimes,
- 5:08Speaker 3: for sure when I was in high school. You know,
- 5:10Speaker 3: it's a college town, so of course there's going to
- 5:12Speaker 3: be police that show up at parties. People get mips
- 5:15Speaker 3: and things of that nature. No one that I knew
- 5:17Speaker 3: had ever been arrested for anything that would have put
- 5:19Speaker 3: them in jail. I had never met anyone that had
- 5:22Speaker 3: spent the night in jail. You know, some kids got
- 5:25Speaker 3: in trouble for small things like like in most towns,
- 5:28Speaker 3: but the fact of being arrested for a real crime
- 5:32Speaker 3: was it didn't even exist in my world.
- 5:35Speaker 4: I was so moved and angry and just upset in general.
- 5:41Speaker 4: After seeing the forty eight hours piece, which was the
- 5:43Speaker 4: first exposure I ever had to your case. Some of
- 5:46Speaker 4: the things that stuck out for me about that piece
- 5:49Speaker 4: were the idea that this was a cold case. Right
- 5:52Speaker 4: It was the murder of a sports reporter and he
- 5:56Speaker 4: had been beaten to death outside of his car.
- 5:58Speaker 6: I guess right, yeah, outside of his work.
- 6:02Speaker 4: And two and a half years later, no leads, nothing
- 6:07Speaker 4: going on, right, One of the local TV stations ran
- 6:11Speaker 4: one of those things that they run time to time
- 6:13Speaker 4: where they had like a composite sketch. Right, did you
- 6:17Speaker 4: even know about this murder when it happened? Was it
- 6:18Speaker 4: big news in the area.
- 6:20Speaker 3: Yeah, it's a small town. There's about one hundred thousand people.
- 6:23Speaker 3: I do recall hearing about it. You know, anything that
- 6:26Speaker 3: happens in that town, like a murder, you hear about
- 6:29Speaker 3: it was its big news because they don't happen that often.
- 6:32Speaker 3: That was the extent of my knowledge on you know,
- 6:35Speaker 3: I mean young in high school and it's like, whoa,
- 6:37Speaker 3: somebody was murdered on howe any night.
- 6:39Speaker 6: That's kind of creepy.
- 6:40Speaker 4: So let's go back to that. Because the sports reporter,
- 6:43Speaker 4: ken Heidholt was murdered in a very brutal manner. He
- 6:45Speaker 4: was beaten to death with a tire iron or something
- 6:48Speaker 4: like that. I don't you know if they even know
- 6:50Speaker 4: to this day, but it was a heavy metal object
- 6:53Speaker 4: of some sort and when that Crimesoppers piece ran, Charles
- 6:58Speaker 4: Rickson was affected by it in some way. Right. He
- 7:02Speaker 4: saw this on TV. He was with his friends and
- 7:04Speaker 4: he had some sort of a vision or something came
- 7:08Speaker 4: over him which made him say to his friends, Hey,
- 7:12Speaker 4: you know, I mean I kind of look like that guy.
- 7:14Speaker 4: I wonder if it could have been, if I could
- 7:16Speaker 4: have been involved in so or some crazy thing like that.
- 7:20Speaker 4: And then one of the friends called the cops.
- 7:22Speaker 6: Right.
- 7:22Speaker 4: And this is an interesting thing about your case, Ryan,
- 7:24Speaker 4: because we've covered false confessions on this show, and false
- 7:27Speaker 4: confessions are so terribly troubling. In your case, you were
- 7:32Speaker 4: the victim of false confession, but you didn't confess. That's
- 7:34Speaker 4: what's crazy about this, Right, You were implicated because somebody
- 7:38Speaker 4: else who also didn't commit the crime, actually thought that
- 7:44Speaker 4: maybe he did for some reason. And the brain is
- 7:47Speaker 4: a strange things to memory. Who knows what came over him, right.
- 7:51Speaker 3: And one of the quotes that always stuck out to
- 7:54Speaker 3: me is something that Charles ericson my co defendant, the
- 7:57Speaker 3: person who had these images, who ultimately testified against me,
- 8:01Speaker 3: something that he said, and this is verbatim. He says,
- 8:04Speaker 3: if I did it, Ryan must have been with me.
- 8:08Speaker 3: And based on that, I mean, that is what starts
- 8:10Speaker 3: this whole thing. Based on that, I lost ten years
- 8:13Speaker 3: of my life. I was put into prison for a
- 8:15Speaker 3: crime I had nothing to do with.
- 8:16Speaker 4: Was there any physical evidence of any kind connecting to
- 8:19Speaker 4: this case.
- 8:20Speaker 3: There was no physical evidence connecting me or Charles Erickson.
- 8:24Speaker 3: But the important fact is there is a lot.
- 8:26Speaker 6: Of physical evidence there.
- 8:28Speaker 3: You know, there's a bloody footprint, there's a hair in
- 8:31Speaker 3: the victim's hand, there's a paper with a palm print.
- 8:35Speaker 6: There are things.
- 8:35Speaker 3: That, even to this day, could be tested to determine
- 8:40Speaker 3: guilt of another individual. And the police have chosen not
- 8:45Speaker 3: to look into those things. And here's what's really really
- 8:47Speaker 3: frustrating is when I got out, the public was enraged.
- 8:51Speaker 3: They were frustrated with what the police had done, and
- 8:54Speaker 3: they said, we want to know what really happened in
- 8:55Speaker 3: this case, because clearly it wasn't Ryan, it wasn't Ericson,
- 8:58Speaker 3: the kid who is still to this day in prison.
- 9:00Speaker 3: And so the police said, we're gonna we're gonna open
- 9:01Speaker 3: this case, We're going to look back into it, We're
- 9:03Speaker 3: going to see what happened here. Well, three months later,
- 9:06Speaker 3: you know, in a very low key way. They're just
- 9:09Speaker 3: kind of like, well, you know, we got somebody in
- 9:11Speaker 3: prison for it right now, so we're not gonna we're
- 9:14Speaker 3: not gonna investigate it.
- 9:15Speaker 6: That's not gonna happen.
- 9:16Speaker 4: Right, So the net effect if you're a resident of
- 9:19Speaker 4: Columbia or Missouri or the United States, because we don't
- 9:22Speaker 4: know where this guy is. This guy who is a dangerous,
- 9:27Speaker 4: violent killer is out there walking amongst us. I mean,
- 9:30Speaker 4: it is an outrage that they have this evidence and
- 9:32Speaker 4: they won't test it. It even for me, like, my head's going,
- 9:36Speaker 4: what first of all, and let's talk about this right
- 9:40Speaker 4: jail because this is something that people don't focus on enough.
- 9:44Speaker 4: You were in jail for a long time awaiting trial.
- 9:46Speaker 4: They set bail at twenty million dollars.
- 9:48Speaker 6: Right, twenty million dollars. Yeah, it was it was a
- 9:50Speaker 6: jo you know. That is a in my mind, that's
- 9:53Speaker 6: how publicity's the reality.
- 9:55Speaker 3: The way our legal system works is if you're arrested
- 9:58Speaker 3: for a very serious crime, like a murder, they can
- 10:01Speaker 3: choose not to give you a bail, and they do
- 10:03Speaker 3: that often, or they can give you a million dollar
- 10:05Speaker 3: bail whatever. Right bail is meant so that you should
- 10:09Speaker 3: have the opportunity to raise those funds and get out
- 10:11Speaker 3: so you can fight your case because you have not
- 10:14Speaker 3: been proven guilty. At that point, I had no bail
- 10:16Speaker 3: for eight months. I went into a bail hearing and
- 10:19Speaker 3: the judge out of nowhere says twenty million dollars. And
- 10:23Speaker 3: so that is a different thing than saying no bail.
- 10:26Speaker 3: That is a political statement. That is her saying that
- 10:29Speaker 3: I endorse this case as a judge, and they're supposed
- 10:33Speaker 3: to be independent. I endorse this case. I'm with the prosecutor,
- 10:36Speaker 3: and we're going to take this kid and put him
- 10:38Speaker 3: in prison for the rest of his life. And that
- 10:39Speaker 3: is not something a judge should do. Judge Ellen Roper
- 10:43Speaker 3: made a huge mistake there. I think she should be
- 10:45Speaker 3: health accountable for that. And that is the politics we
- 10:48Speaker 3: see with our criminal legal system in these people's lives,
- 10:51Speaker 3: you know, I mean, this is my life and that
- 10:54Speaker 3: judge is playing a game with it. And that is
- 10:56Speaker 3: incredibly scary to see, especially at the age of nineteen
- 10:59Speaker 3: or twenty, and you're just like, how is this our
- 11:02Speaker 3: legal system? How is this innocent until proven guilty?
- 11:04Speaker 6: Because it's not.
- 11:05Speaker 4: So Yeah, and I hadn't even thought about that, because
- 11:08Speaker 4: to my knowledge, your bail was the highest bail in
- 11:11Speaker 4: the history of the state of Missouri.
- 11:13Speaker 3: Oh, I think it's the highest in the history of
- 11:15Speaker 3: the country in terms of the charge. Right, you have
- 11:18Speaker 3: a charge of first agree murder, second degree robbery. There's
- 11:23Speaker 3: no evidence I had never been arrested or convicted of
- 11:25Speaker 3: any crime, and I'm getting a twenty million dollar bail.
- 11:29Speaker 3: Here's a guy sitting next to me in the same pod,
- 11:32Speaker 3: in the same county with a first agree murder charge
- 11:35Speaker 3: and he is a repeat offender. In his bail for
- 11:39Speaker 3: pretty much the same charge was five hundred thousand dollars.
- 11:43Speaker 4: Wow. So yeah, and I hadn't even thought about it.
- 11:45Speaker 4: But you're absolutely right. In fact, by setting that bail
- 11:49Speaker 4: of twenty million and that going out in the press
- 11:53Speaker 4: as it does, basically it's poisoning the jury pool because
- 11:57Speaker 4: it's saying, hey, you know what, we can say that
- 12:00Speaker 4: or this guy to be extremely dangerous, so dangerous that
- 12:04Speaker 4: we're going to set the bail so high that even
- 12:06Speaker 4: if its family's rich, and your family wasn't poor, but
- 12:09Speaker 4: they weren't rich, So even if the family is one
- 12:14Speaker 4: of the wealthiest families around, they're still not gonna be
- 12:16Speaker 4: able to post it. So it's a wink wink, like
- 12:19Speaker 4: we're going to keep this guy around because we know
- 12:21Speaker 4: he's guilty. And that's absolutely really it's.
- 12:27Speaker 6: Makes me sick.
- 12:27Speaker 4: Okay, so you go to trial, you by now had
- 12:32Speaker 4: been in jail for how long?
- 12:34Speaker 3: Yeah, I've been in jail for about eighteen months at
- 12:37Speaker 3: that point a year and a half. Trial was actually
- 12:40Speaker 3: set and I don't think this is a coincidence. On
- 12:42Speaker 3: my twenty first birthday, it was Monday through Friday, and
- 12:46Speaker 3: my birthday for the twenty first birthday was Wednesday, So
- 12:49Speaker 3: I'll never never forget that. And by the way, I
- 12:51Speaker 3: want to mention county jail, and I think this is
- 12:53Speaker 3: overlooked a lot.
- 12:54Speaker 6: I think it's really interesting for people to hear.
- 12:56Speaker 3: But when you're innocent until proven guilty and you're in
- 12:58Speaker 3: the county jail, it is far worse than being in prison.
- 13:02Speaker 3: Most guys I know, they're happy to go to prison
- 13:04Speaker 3: after being in the country jet. It is a very,
- 13:06Speaker 3: very poor existence. My first year in the county jail,
- 13:10Speaker 3: I went outside, literally outside two times. And that is
- 13:15Speaker 3: innocent until proven because I don't understand how that can be.
- 13:18Speaker 3: And I went outside every time that I could, but
- 13:20Speaker 3: you're literally sleep deprived. The lights never go off, you
- 13:24Speaker 3: never go outside, you have no human contact with anyone
- 13:27Speaker 3: outside of prison. So it's a horrible existence. But for
- 13:32Speaker 3: those eighteen months before you go to trial, they're basically
- 13:35Speaker 3: sucking the life out of you. And then what you're
- 13:37Speaker 3: seeing in trial is a shell of a human being.
- 13:40Speaker 3: So when you watch forty eight Hours or Dayline or
- 13:41Speaker 3: any other show and you see these people sitting there
- 13:44Speaker 3: on trial, I mean, they probably look emaciated, they probably
- 13:48Speaker 3: look strange, they probably act weird, and that's because they've
- 13:50Speaker 3: been in this horrific environment for so long that I mean,
- 13:56Speaker 3: they have no emotions left, they've spent them all, and
- 13:58Speaker 3: they haven't been eating right, they have no nutrition. So
- 14:03Speaker 3: just take that into consideration when you're looking at somebody
- 14:05Speaker 3: who's going through this situation. You know, you're sitting in
- 14:07Speaker 3: a courtroom full of these people who are staring at you.
- 14:09Speaker 3: You're in a fish bowl and you're the only fish,
- 14:11Speaker 3: and people are going to do like this satanic fish
- 14:14Speaker 3: or something. And not to mention in the way you
- 14:17Speaker 3: were treated the last eighteen months.
- 14:18Speaker 4: No, I'm glad you brought that up, Ryan, and when
- 14:20Speaker 4: you described that to me, and it's not like you're
- 14:24Speaker 4: comparing jail to a minimum security prison. You were in
- 14:26Speaker 4: a maximum security prison, right, And jails are chaotic, I mean,
- 14:29Speaker 4: among other things. And this is something that's really so
- 14:33Speaker 4: horrible to think about. But they're never cleaned, right, They're
- 14:36Speaker 4: always occupied and they're never cleaned. So you're in a
- 14:39Speaker 4: extremely toxic, poisonous environment in so many different ways. And
- 14:45Speaker 4: you're in a pressure cooker, right because you were going
- 14:47Speaker 4: to sell with how many other guys.
- 14:48Speaker 3: Eight guys, twenty four to seven and you know, yeah,
- 14:51Speaker 3: you're right, it is a pressure cooker.
- 14:53Speaker 6: I mean, you have these people.
- 14:54Speaker 3: Every single one of those people's lives is on the line.
- 14:56Speaker 3: They don't know what's going to happen next. They don't
- 14:58Speaker 3: know if they're going to go to prison for the
- 14:59Speaker 3: rest of the life. Some of them don't know if
- 15:00Speaker 3: they're gonna get the death penalty.
- 15:02Speaker 6: Some might get out tomorrow.
- 15:04Speaker 3: And so you have all these different thoughts and feelings
- 15:06Speaker 3: and emotions going on. You know, people are losing their
- 15:08Speaker 3: families or they can't see their kids.
- 15:09Speaker 6: Whatever it might be.
- 15:11Speaker 3: And you have that on top of the fact that
- 15:13Speaker 3: you can't eat right. You can't get any exercise. Really,
- 15:17Speaker 3: you can't be with loved ones. There's no outlet, right,
- 15:21Speaker 3: The only outlet is towards another person, and so people
- 15:25Speaker 3: end up fighting and getting hurt.
- 15:27Speaker 6: And you know, you don't want to be in that situation.
- 15:28Speaker 3: You don't want to be forced to fight somebody for survival.
- 15:32Speaker 3: But that's what they make you do. That's what they
- 15:34Speaker 3: put you in a situation where there's no other options.
- 15:36Speaker 3: And then when it happens, they want to charge you
- 15:38Speaker 3: with another crime, like you did something wrong.
- 15:40Speaker 6: Put me in the cell with my girlfriend for a year.
- 15:43Speaker 3: We're gonna, you know, hate each other by the end
- 15:45Speaker 3: of it, right, You can't do that, and they'd put
- 15:47Speaker 3: you in there with these people who are violent criminals.
- 15:51Speaker 6: You don't know each other, you don't care about each other.
- 15:53Speaker 3: Yet you have to be there twenty four to seven
- 15:56Speaker 3: with all that going on, all those emotions, all those feelings,
- 15:59Speaker 3: and that loss of your liberty and privilege. So it
- 16:02Speaker 3: is a frightening place.
- 16:05Speaker 4: The claustrophobic element of it alone, right, because you're never
- 16:08Speaker 4: getting out. You're not getting out of cell, right, I mean,
- 16:11Speaker 4: what you've got to get out for a shower, no.
- 16:13Speaker 3: Well, the thing is it's like a pod and it's
- 16:16Speaker 3: very small. It's smaller than a one story home, and
- 16:20Speaker 3: the showers in there, and you have a TV in
- 16:22Speaker 3: there on a phone, and eight other guys, and it
- 16:25Speaker 3: is The claustrophobic feeling is so intense, because even if
- 16:30Speaker 3: even if you've been there for three months and you
- 16:32Speaker 3: start to feel like you know the guys and you
- 16:33Speaker 3: don't feel like you're in danger, that day you'll wake
- 16:36Speaker 3: up and you realize I can't get up and walk
- 16:38Speaker 3: out of this thing today. I can't get up and
- 16:40Speaker 3: walk out of here tomorrow or next month or next year.
- 16:42Speaker 3: Like I can't go anywhere but this little house. Like
- 16:45Speaker 3: I can't even step foot outside see the sunlight. I
- 16:47Speaker 3: can't look out a window because there are no windows.
- 16:50Speaker 6: Like this is it. I can't do anything.
- 16:53Speaker 3: I have no freedom, I have no choices, I have nothing,
- 16:56Speaker 3: no responsibility because I can't even go work if I
- 16:59Speaker 3: want to work, I can't go grab a book if
- 17:01Speaker 3: I want to grab a buck.
- 17:01Speaker 6: I can't do anything.
- 17:03Speaker 4: There's no books in there.
- 17:04Speaker 3: There are some books, but they don't come by very often. Fortunately,
- 17:09Speaker 3: after a while I was able to get some books.
- 17:10Speaker 3: My father was able to bring me some, but you know,
- 17:12Speaker 3: they change the policies, and so for a while, they
- 17:15Speaker 3: took out all the legal books. You know, I thought,
- 17:18Speaker 3: at least if I got to sit here at twenty
- 17:19Speaker 3: four to seven, I'll be able to read legal books.
- 17:21Speaker 3: It's my constitutional right to be able to defend myself.
- 17:23Speaker 3: But they took out all the legal books, so I
- 17:25Speaker 3: couldn't even read that. And you know, I'm here, I'm
- 17:27Speaker 3: nineteen years old. I want to prove my innocence and
- 17:30Speaker 3: fight my case, and they don't even give you the
- 17:32Speaker 3: resources to do that.
- 17:33Speaker 4: And I top of everything else, you're going to the
- 17:34Speaker 4: bathroom on top of each other. Where do you sleep?
- 17:36Speaker 4: And how do you change clothes? How does that even
- 17:38Speaker 4: work well?
- 17:39Speaker 3: And where I was at it was a violent felon tank,
- 17:42Speaker 3: so it has its benefits and his down sides. Of course,
- 17:47Speaker 3: in many tanks it's just an open bay, so everybody's
- 17:50Speaker 3: out there together. And yeah, I mean, you just got
- 17:51Speaker 3: to get naked in front of people or whatever. You
- 17:54Speaker 3: poop in front of people, you pee in front of people, everything,
- 17:56Speaker 3: and so that is one existence in a violent fell
- 18:00Speaker 3: in tank. They put you in your own cell because
- 18:02Speaker 3: they don't want people sleeping in an environment where there
- 18:05Speaker 3: are people who are accused of murder, right, so you
- 18:08Speaker 3: don't want to be asleep, and then some guy snaps
- 18:10Speaker 3: out and comes over there and tries to murder you.
- 18:11Speaker 3: Like that's a liability, I suppose, So they give you
- 18:14Speaker 3: your own cell in the violent Fellon tank.
- 18:16Speaker 6: That's why there's eight people. There's eight cells. So that
- 18:20Speaker 6: is the.
- 18:20Speaker 3: One, I guess good thing about being in a violent
- 18:23Speaker 3: Pealent tank. The bad thing is that they're violent felons,
- 18:26Speaker 3: so it's a lot more dangerous when those doors are open.
- 18:30Speaker 6: Those doors are open about eighteen hours a day.
- 18:32Speaker 4: And you had reason to understand that the system was
- 18:36Speaker 4: not designed to work for justice and that as an
- 18:40Speaker 4: innocent man, you had a real chance of ending up
- 18:43Speaker 4: in prison for a long long time. So you devised
- 18:47Speaker 4: a workout program, right in order to be able to
- 18:50Speaker 4: defend yourself. And if you can't obviously see him on
- 18:53Speaker 4: the radio, but if you see Ryan now he is
- 18:57Speaker 4: he looks like a bodybuilder. So how did you do
- 18:59Speaker 4: that without any kind of access to gym equipment or
- 19:03Speaker 4: weights or anything else? And how did that work for you?
- 19:05Speaker 3: You know, it comes down to education, really That's what
- 19:08Speaker 3: I love about fitness now, is I see a lot
- 19:11Speaker 3: of people work out. I've been around, you know, I
- 19:13Speaker 3: was in an incubator with guys for a decade and
- 19:16Speaker 3: I could see what they were doing, and a lot
- 19:17Speaker 3: of people work really hard, but they never educate themselves
- 19:20Speaker 3: on what to do for themselves physically, and so, you know,
- 19:24Speaker 3: that's why I developed this routine, is just understanding how.
- 19:28Speaker 6: The body works. What's what are the best workouts that.
- 19:31Speaker 3: Are going to get you the largest gains in the
- 19:33Speaker 3: smallest amount of time, and then what do you have
- 19:35Speaker 3: to do nutritionally to supplement that? And so that's you know,
- 19:39Speaker 3: I just started figuring it out reading books and everything.
- 19:41Speaker 3: When you're in an environment like prison and you have
- 19:45Speaker 3: only so many outlets, I mean, really, the only thing.
- 19:47Speaker 6: You possess are your mind in your body. Nothing else
- 19:50Speaker 6: is yours.
- 19:50Speaker 3: You don't have any other really choices or anything. So
- 19:54Speaker 3: I educated myself daily and I worked out daily because
- 19:57Speaker 3: all I had was myself, and I worked on myself
- 20:00Speaker 3: every day, and I think that taught me a valuable lesson.
- 20:04Speaker 3: I think we can all do that no matter where
- 20:06Speaker 3: we're at in life. It's very important.
- 20:07Speaker 4: Well, you had a very strong motivation, and you were
- 20:11Speaker 4: really thinking ahead because of the fact that you knew
- 20:14Speaker 4: that if you ended up in a maxim security prison,
- 20:17Speaker 4: there were going to be times when you're going to
- 20:19Speaker 4: have to defend yourself or even inside this jail. So
- 20:21Speaker 4: you designed a program to make yourself strong for that eventuality.
- 20:27Speaker 4: And I know you talked to me about punching the walls, like,
- 20:30Speaker 4: how does that work?
- 20:32Speaker 6: Right?
- 20:32Speaker 3: So I did skip over the part about why why
- 20:36Speaker 3: I was working on so hard, and it is it's
- 20:39Speaker 3: my why was survival and that is a very strong
- 20:43Speaker 3: motivator and that's why I would work out and eventually
- 20:47Speaker 3: ended up punching walls. So the walls are concrete and
- 20:52Speaker 3: you know, they don't move. They're not soft by any means.
- 20:55Speaker 3: But I saw people fight, and I saw people break
- 20:57Speaker 3: their fists, and if you break your fist, you're not
- 20:59Speaker 3: gonna be able to fight. And you know, I did
- 21:01Speaker 3: everything I could to ensure my existence because it is
- 21:06Speaker 3: scary what you see with our legal system and the
- 21:08Speaker 3: fact that if you're arrested, your life is pretty much
- 21:11Speaker 3: over at that point, you have a very small chance
- 21:13Speaker 3: of winning, regardless of the facts. I mean, everything stacked
- 21:16Speaker 3: against you. So I didn't want to end up in
- 21:19Speaker 3: a fight to save my own life, to protect myself
- 21:21Speaker 3: and not be able to function. And so I realized,
- 21:24Speaker 3: you know, you had to have strong hands. You had
- 21:25Speaker 3: to be able to take a hit, and you have
- 21:27Speaker 3: to be able to give a hit and not break down.
- 21:30Speaker 3: And so I would start lightly hitting the walls, the
- 21:33Speaker 3: concrete walls, and I would hit them until you know,
- 21:36Speaker 3: my knuckles got bloody and everything, and then i'd stop
- 21:39Speaker 3: for that day, and while they're still trying to heal,
- 21:41Speaker 3: I would continue hitting the walls. And I ended up
- 21:45Speaker 3: building a very very strong fist that I feel I
- 21:47Speaker 3: could probably last through anything. And the only reason I
- 21:51Speaker 3: did that is because I didn't want to be victimized
- 21:55Speaker 3: while I was in prison for a crime I didn't commit.
- 21:57Speaker 6: And that's it, really, I.
- 21:58Speaker 3: Mean, it's it's an odd feeling knowing that your whole
- 22:03Speaker 3: being is built around not becoming a victim. But that's
- 22:08Speaker 3: what it was, man, that's survival in prison. You gotta
- 22:10Speaker 3: do what you gotta do to protect yourself and any
- 22:13Speaker 3: and every way that you can find.
- 22:27Speaker 4: So the trial comes Ryan, and you've been caged for
- 22:31Speaker 4: eighteen months in the most extreme circumstances. You come to
- 22:36Speaker 4: trial and then you're forced to watch your co defendant
- 22:40Speaker 4: get up there, Charles Erickson, and tell a story that
- 22:46Speaker 4: has no relationship to reality or the truth, and ultimately
- 22:52Speaker 4: you're convicted. I can't even fathom what that moment must
- 22:57Speaker 4: have been like. But it's not too painful to go
- 23:00Speaker 4: back there.
- 23:02Speaker 6: That is, without it out in my thirty three years
- 23:05Speaker 6: of life. The worst week.
- 23:07Speaker 3: Of my entire life kind of jels horrible. Prison's bad,
- 23:11Speaker 3: but when you're in trial, there's nothing worse. You're basically
- 23:15Speaker 3: naked in front of the world. Right, I had no secrets,
- 23:18Speaker 3: I have no Everything that I am is out in
- 23:21Speaker 3: front of people. And then they take that and they
- 23:24Speaker 3: add lies on top of it, and they're accusing you
- 23:27Speaker 3: of something that you didn't do that you have no
- 23:30Speaker 3: knowledge of.
- 23:31Speaker 6: And you know, every media source that could have been
- 23:34Speaker 6: there was there.
- 23:35Speaker 3: And the courtroom is completely full, and these people are
- 23:39Speaker 3: looking at you like you're some kind of animal, right,
- 23:42Speaker 3: and you're trying to be respectful of the court. You're
- 23:44Speaker 3: just trying to sit there and be quiet. And I
- 23:45Speaker 3: remember I would turn around and, you know, wave to
- 23:49Speaker 3: my mom during a recess you know, and I would
- 23:51Speaker 3: smile because I saw my mom, like, hey, how you doing, Mom,
- 23:53Speaker 3: Like I'm glad you're doing okay, and smile because I'm
- 23:56Speaker 3: doing okay.
- 23:57Speaker 6: So let's, you know, get through this. And then me
- 24:00Speaker 6: would go out and say, look at this cocky piece
- 24:02Speaker 6: of shit.
- 24:03Speaker 3: You know, he's just like you don't care about the
- 24:05Speaker 3: Cordies and they're like smiling and way being at his
- 24:07Speaker 3: fans and stuff. It's like, you don't have fans. There's
- 24:10Speaker 3: no such thing as a fan. You are being accused
- 24:13Speaker 3: of a crime you didn't commit. You're fighting for your life,
- 24:15Speaker 3: and you're saying hi to your family. And then even
- 24:18Speaker 3: then the media takes liberty with that, and it's it's
- 24:22Speaker 3: insane and it is horrific to deal with that component
- 24:26Speaker 3: of it. But it's even worse knowing that the police
- 24:30Speaker 3: know you're innocent, the prosecutor knows you're innocent, the judge
- 24:32Speaker 3: knows you're innocent, and yet they're allowing this tobacle to
- 24:36Speaker 3: go on and allowing these people to get on the
- 24:38Speaker 3: stand and tell what they know are lies.
- 24:41Speaker 6: And I get why some of these people lied.
- 24:44Speaker 3: It's self preservation, because you know, they get a person
- 24:48Speaker 3: out of prison, and they say, you know, you know,
- 24:52Speaker 3: it'd be nice if you said these things, it would
- 24:54Speaker 3: be really helpful. What's the implication is if you don't
- 24:56Speaker 3: say these things, then we're going.
- 24:57Speaker 6: To help you get back into prison.
- 24:58Speaker 3: Right, And so they're doing for their own existence. But
- 25:01Speaker 3: there's no reason the police of the prosecutor should be
- 25:03Speaker 3: doing these things to people, right, They're they're manipulating and
- 25:07Speaker 3: taking advantage of these people and uh, and they're doing
- 25:10Speaker 3: it to the end to take another human being's life.
- 25:13Speaker 3: And so it's you lose all faith in humanity, you
- 25:16Speaker 3: lose all hope and humanity. And I mean that was
- 25:20Speaker 3: the turning point for me. I fundamentally hated people outside
- 25:25Speaker 3: of my family. I pretty much just hated human existence
- 25:28Speaker 3: to human race for a good three.
- 25:30Speaker 6: Or four years.
- 25:31Speaker 4: And I can understand that. I mean, like you said,
- 25:33Speaker 4: the people that are supposed to be paid to help you,
- 25:35Speaker 4: or the people are supposed to be there to help
- 25:37Speaker 4: the victim and the family, the victim and society and
- 25:40Speaker 4: all of them letting down everyone for their own selfish.
- 25:43Speaker 6: Are ones who are perpetuating this offense. And that's it is.
- 25:46Speaker 6: You will never I still don't understand it.
- 25:49Speaker 3: You know, people will look at my case and they're like,
- 25:51Speaker 3: we didn't realize this can happen. Looking at you, realize
- 25:55Speaker 3: that this could happen to us. And I think so
- 25:57Speaker 3: many people want to compartmentalize that, right. They want to say, oh,
- 26:01Speaker 3: this is happening, but that will never happen to me,
- 26:03Speaker 3: that will never happen to my family or whatever. But
- 26:05Speaker 3: the reality is that it doesn't matter what you look like,
- 26:08Speaker 3: where you come from, how you act, this could happen
- 26:11Speaker 3: to you. This is a subject. This is an issue
- 26:14Speaker 3: that does affect us, all right. I mean it affects
- 26:18Speaker 3: us economically, it affects our society, it affects everything. And
- 26:22Speaker 3: it is happening disproportionately to young black men, poor people,
- 26:26Speaker 3: even if you're poor and white, whatever it might be.
- 26:28Speaker 3: The fact is, though, that this is happening more to
- 26:32Speaker 3: people who don't look like me. And it's sad that
- 26:36Speaker 3: for a lot of our society to stand up and say, hey,
- 26:39Speaker 3: this is wrong, it has to be a young white
- 26:41Speaker 3: kid because the reality is this is happening to so
- 26:44Speaker 3: many people that are going unnoticed, and I think that
- 26:46Speaker 3: needs to be discussed and we need to talk about that.
- 26:48Speaker 3: There are a lot of issues with raising this country obviously,
- 26:51Speaker 3: and so hopefully that will change. Hopefully, you know, wonderful
- 26:55Speaker 3: commissioners will stop in general, but will acknowledge the fact that, hey,
- 26:59Speaker 3: I mean, this has happening all over the place, but
- 27:01Speaker 3: primarily to these.
- 27:02Speaker 6: Young black men, and.
- 27:03Speaker 3: That really has to stop, and it's really tearing apart communities.
- 27:08Speaker 4: Yeah, and then there's all the effects are terrible. It's
- 27:12Speaker 4: an issue, as you said, that affects everybody in so
- 27:15Speaker 4: many different ways. And again you're right, it's a sensitive topic.
- 27:18Speaker 4: But yeah, it's a sad commentary on our society. But
- 27:22Speaker 4: it's a fact, and it's one of the reasons why
- 27:23Speaker 4: I think it's so important that you've been out there
- 27:25Speaker 4: doing what you've been doing to spread the word. So
- 27:29Speaker 4: you were sentenced to what I was.
- 27:31Speaker 3: Sentenced to forty years. Yeah, so in trial you get
- 27:36Speaker 3: to see that it's not going well. You have a
- 27:38Speaker 3: person sitting there saying something that isn't true, being egged
- 27:42Speaker 3: on and led by the prosecution, and so then you
- 27:46Speaker 3: get convicted. And before I was sentenced, you have a
- 27:49Speaker 3: sentencing hearing and you.
- 27:51Speaker 6: Have the opportunity to speak. The first time I had
- 27:53Speaker 6: the opportunity to speak.
- 27:53Speaker 3: This whole entire time from March tenth, two thousand and
- 27:57Speaker 3: four to two years later, I never done anything. I
- 28:00Speaker 3: was arrested, I never said anything that implicated me or anything.
- 28:05Speaker 3: All the facts proved my innocence. I never had the
- 28:08Speaker 3: opportunity to speak to the public or anything. So I'm
- 28:10Speaker 3: basically just being like I jumped in the stream or
- 28:13Speaker 3: I got pushed in the stream, basically, and then have
- 28:16Speaker 3: been going down current this whole time. So two years later,
- 28:19Speaker 3: I have the first opportunity to actually speak publicly, right,
- 28:22Speaker 3: and I get to speak to the judge at the
- 28:25Speaker 3: sentencing hearing after I've already been convicted, and I'm telling her,
- 28:29Speaker 3: I hope you can see the facts. I mean, the
- 28:30Speaker 3: facts are blatantly clear. Please look at those, Please be unbiased.
- 28:35Speaker 3: This is the same judge that gave me a twenty
- 28:36Speaker 3: million dollar bail, and you know, give me a new
- 28:40Speaker 3: trial at the very least, because I will prove my innocence.
- 28:43Speaker 6: You'll see that I'm innocent or whatever.
- 28:45Speaker 3: The whole time I'm talking, she didn't even look at me,
- 28:47Speaker 3: didn't pay anytention, just like I wasn't even there. I'm like,
- 28:50Speaker 3: this is my whole entire life, and I have one
- 28:53Speaker 3: opportunity to speak and to be heard by this court.
- 28:57Speaker 3: You know, I've respected the court and that you respect
- 29:00Speaker 3: me the same. The one opportunity I had, she wouldn't
- 29:02Speaker 3: even look at me. She didn't listen to a word
- 29:04Speaker 3: I'm saying, and then she just did what she did
- 29:06Speaker 3: forty years see you later. And it was just one
- 29:10Speaker 3: of the most disgusting things that I've experienced in my
- 29:13Speaker 3: whole entire life, and is by this judge who were
- 29:16Speaker 3: supposed to, you know, hold in high respect and it's
- 29:18Speaker 3: supposed to be a pillar of our community.
- 29:21Speaker 6: It's a horrible person. It's a horrible person who.
- 29:24Speaker 3: Has no motivation to do what's right for the society
- 29:29Speaker 3: that she lives in.
- 29:30Speaker 6: And it's disgusting.
- 29:32Speaker 3: And even now, you know she she's still you know,
- 29:34Speaker 3: she lives in like a million dollar house or something,
- 29:37Speaker 3: and she's enjoying a great life and uh, and she's
- 29:40Speaker 3: just this person who has destroyed lives. And there are
- 29:42Speaker 3: many great judges, don't get me wrong, but the fact
- 29:45Speaker 3: that that person can sit up there and be esteemed
- 29:49Speaker 3: or they're not even doing their job, it is ah,
- 29:54Speaker 3: it's sickening.
- 29:55Speaker 4: I'm u. The idea that she would be shuffling papers
- 30:03Speaker 4: or doing whatever she felt was more important than forty
- 30:06Speaker 4: years of your life at that particular time after everything
- 30:09Speaker 4: you've been through is just yeah, that's hard to process.
- 30:15Speaker 4: It just takes a person who's like just so completely
- 30:19Speaker 4: fucking bankrupt, right, so morally devoid of anything, and I
- 30:24Speaker 4: don't get it. Wow, So you end up going to
- 30:28Speaker 4: maximum security prison and you could put in a selling
- 30:30Speaker 4: it a sell mat.
- 30:31Speaker 3: Right, So it's difficult not to go on and on
- 30:35Speaker 3: because there are so many It's ten years of your life, right,
- 30:38Speaker 3: So my first selling when I go into prison, you know,
- 30:42Speaker 3: I mean prison at a young age. I'm twenty one.
- 30:47Speaker 3: I'm thinking, you know this is I'm going straight into hell.
- 30:51Speaker 3: Like I'm basically just jumping feet first into hell. I
- 30:54Speaker 3: got no no ifans or butts about it, no choice,
- 30:58Speaker 3: and so I'm scared. There's no doubt about it. I'm
- 31:01Speaker 3: very afraid at this point.
- 31:03Speaker 6: And I go into the room and he's not in there.
- 31:06Speaker 6: Everybody's out at rec or whatever. And then an.
- 31:09Speaker 3: Hour later, this huge guy comes in and he's completely
- 31:13Speaker 3: covered in tattoos. But it's really interesting how the tattoos
- 31:16Speaker 3: are laid out, like half of his body are demonic
- 31:20Speaker 3: tattoos and the other half are angelic tattoos.
- 31:24Speaker 6: And I'm like, what the hell is going on here? Right?
- 31:27Speaker 6: And so.
- 31:29Speaker 3: He gets to talk and I realize his face is
- 31:30Speaker 3: completely messed up and the demonic side had been shot
- 31:34Speaker 3: with a shotgun and basically distorted his face and the
- 31:37Speaker 3: upper part of his body's shoulder and whatnot. And so
- 31:41Speaker 3: later on we get to talking and he's like, basically,
- 31:44Speaker 3: you know, he was robbing a dope house and he
- 31:46Speaker 3: got shot on the demonic side because that was like God.
- 31:50Speaker 6: Telling him that he should be good or whatever.
- 31:52Speaker 3: Well, it turns out this guy is essentially bipolar, and
- 31:55Speaker 3: he definitely wasn't good at any point, and he was
- 31:59Speaker 3: probably the most frightening individual I came across in prison,
- 32:02Speaker 3: and especially as a first selly. But it's like, there
- 32:05Speaker 3: were these imaginary lines in the cell and imagine like.
- 32:09Speaker 6: You're in this little eight by eight foot box.
- 32:12Speaker 3: Imagine being in your bathroom with somebody who's twice your
- 32:15Speaker 3: size and insane, like literally insane.
- 32:18Speaker 6: Who's known to be violent, known to.
- 32:20Speaker 3: Have been arrested multiple times and spend a lot of
- 32:23Speaker 3: time in the hole, and he draws these imaginary line
- 32:27Speaker 3: So if you put your toe over this line that
- 32:29Speaker 3: you don't even know exist, then a fight would ensue.
- 32:32Speaker 3: And if a fight ensues, there's nowhere to go. You
- 32:34Speaker 3: can't run, you can't beat them, you can't call for
- 32:38Speaker 3: help because they're in another room. So basically, I'm tiptoeing
- 32:42Speaker 3: around for the first three months of my time in prison,
- 32:47Speaker 3: and it's just like a ticking time mom. I know
- 32:50Speaker 3: that if I'm there long enough, this guy will kill me.
- 32:53Speaker 3: And that's how I had to live for the first
- 32:57Speaker 3: three or four months of my prison experience. And it
- 33:01Speaker 3: was very bad, and we got into it quite a
- 33:03Speaker 3: few times, and you know, and you're just trying to
- 33:06Speaker 3: be as quiet and peaceful as you can, but nothing
- 33:09Speaker 3: you do is right. So, yeah, I wish I could
- 33:12Speaker 3: bring you into the mental anguish that exists, because although
- 33:16Speaker 3: I was able to avoid being stabbed or hit by
- 33:20Speaker 3: this individual, the mental anguish that you experienced from knowing
- 33:23Speaker 3: that that could happen at any second for any reason,
- 33:26Speaker 3: is it'll aid you like two years in one month.
- 33:30Speaker 6: It's insane, it's horrible.
- 33:31Speaker 4: Did you have any dialogue with him? Did you have
- 33:33Speaker 4: any light moments at all? Was there, you know, was
- 33:36Speaker 4: there any kind of camaraderie with this?
- 33:38Speaker 6: There was? Yeah, man, And that's so weird about it.
- 33:42Speaker 6: Like you you're around these people.
- 33:44Speaker 3: And some of them are just horrible, horrible human beings,
- 33:47Speaker 3: but you know, it's life and you get to know
- 33:50Speaker 3: them or whatever. And so I didn't have a TV
- 33:52Speaker 3: yet or I might have just gotten I can't remember,
- 33:54Speaker 3: and the Notebook came on and uh. And so we're
- 33:58Speaker 3: watching the Notebook at the same time. And the Notebook
- 34:01Speaker 3: comes to a conclusion and we're not really talking during
- 34:04Speaker 3: it or anything like that.
- 34:05Speaker 6: It ends, and I'm like, I'm basically about to cry,
- 34:08Speaker 6: you know, I'm like trying to hold back tears. I'm like,
- 34:10Speaker 6: oh my.
- 34:10Speaker 3: God, I'm in this cell with this maniac and the
- 34:13Speaker 3: freaking great movie has got me, you know. It's like,
- 34:16Speaker 3: you know, I miss society and females and everything. Of course,
- 34:20Speaker 3: and then I can't talk. And then I realized this
- 34:23Speaker 3: guy is sniffling up there. He's up there crying, and.
- 34:27Speaker 7: I'm like, what's up in and and he's like, man,
- 34:30Speaker 7: that was a good movie, you know, and uh, and
- 34:31Speaker 7: He's like I'm crying or whatever, and I'm like, I'm
- 34:34Speaker 7: bout to to and so that was just like this weird,
- 34:38Speaker 7: very odd experience, and we like we were laughing about
- 34:41Speaker 7: it or whatever, and we're surprised that impacted us both.
- 34:43Speaker 3: But I mean it was very up and down. It
- 34:46Speaker 3: was like that, you know. I mean, that was one
- 34:48Speaker 3: good moment. There are a million bad moments. And then
- 34:50Speaker 3: when I left, I went over to the.
- 34:51Speaker 6: Yard, the guy gave me a hug. He's like, oh man,
- 34:53Speaker 6: I'm gonna miss you. I'm not gonna miss you, dude.
- 34:56Speaker 3: But all right, you know, it's just it's that's a
- 35:00Speaker 3: lot of people in there.
- 35:01Speaker 6: There are some really good people.
- 35:02Speaker 3: I still talk to some people in prison, but there
- 35:04Speaker 3: are some people that you'll just never understand that are insane.
- 35:07Speaker 6: They'll hug you one minute and stab you the next.
- 35:10Speaker 3: So it's just you gotta be on your p's and
- 35:13Speaker 3: q's per se.
- 35:23Speaker 4: So you were in there for nine and a half years.
- 35:26Speaker 4: You had many many appeals denied. How many appeals did
- 35:30Speaker 4: you have?
- 35:31Speaker 3: I mean at least six or seven primary appeals, and
- 35:36Speaker 3: then you know.
- 35:36Speaker 6: They they go up through the court, so you have like.
- 35:40Speaker 3: The initial court filing and then you have the appellate court,
- 35:43Speaker 3: and then it goes to the Supreme Court, which you
- 35:45Speaker 3: never hears it, and so it's just this like basic
- 35:48Speaker 3: routine that you get in. You know, you file appeal
- 35:50Speaker 3: and then it waited six months, and then they'll hear it,
- 35:52Speaker 3: and then they wait another six months, and then they
- 35:54Speaker 3: deny it, and then it wait another six months and
- 35:56Speaker 3: it goes to another court and they'll hear it, and
- 35:57Speaker 3: then they wait another six months. So it's like every
- 36:00Speaker 3: appeal you file, you know, I was like, oh, it'll
- 36:02Speaker 3: be another year, year and a half of my life
- 36:04Speaker 3: because they're not going to listen to this. These courts
- 36:07Speaker 3: that they're going to, you know which ones will will
- 36:09Speaker 3: be biased and you know which ones won't. So an
- 36:11Speaker 3: appeal was filed and you automatically know what the next
- 36:14Speaker 3: year and a half of my life is not going
- 36:16Speaker 3: to happen.
- 36:17Speaker 6: So I'm just gonna sit back and hope to get
- 36:20Speaker 6: out of that.
- 36:20Speaker 3: Court and back into one that actually cares about justice.
- 36:23Speaker 4: At some point, the only other witness against you besides
- 36:28Speaker 4: your co defendant who falsely confessed and then falsely implicated
- 36:32Speaker 4: you and told the story that didn't make any sense
- 36:34Speaker 4: and kept changing it and was obviously anything but incredible
- 36:37Speaker 4: witness against you. The only other witness against you was
- 36:40Speaker 4: a convicted child molester, right, who was an incentivized witness.
- 36:43Speaker 3: Oh yeah, this individual, he was a custodian. He was
- 36:47Speaker 3: at the crime scene when it happened, and he went
- 36:50Speaker 3: outside when the two individuals were out by this car,
- 36:54Speaker 3: who may or may not have committed the crime. In
- 36:56Speaker 3: the police phone call, the police were called minutes later,
- 36:59Speaker 3: he says, I don't know what the people looked like.
- 37:01Speaker 6: I couldn't even tell you what they were wearing.
- 37:02Speaker 3: I didn't get that good of a look, right, And
- 37:05Speaker 3: so he gives the phone to a female and she
- 37:07Speaker 3: could tell the police what the guy's actually looked like
- 37:09Speaker 3: and their build and everything, And so we have on
- 37:13Speaker 3: the record this guy is saying to the police, I
- 37:15Speaker 3: have no idea what these guys look like. I can't
- 37:16Speaker 3: tell you what color the hair is anything. And then
- 37:19Speaker 3: he gets out of jail child molestation. The prosecution obviously
- 37:23Speaker 3: calls him in and ultimately he says.
- 37:26Speaker 6: Yep, that's the guy that I saw.
- 37:28Speaker 3: So you have the you know, So that's that story
- 37:31Speaker 3: in a nutshell.
- 37:32Speaker 4: So in case there wasn't enough, that's troubling everybody about
- 37:34Speaker 4: this case already, the fact that they would actually release
- 37:37Speaker 4: a convicted child molester in exchange for perjured testimony against you.
- 37:42Speaker 3: Well, I think his time was up, so I think
- 37:46Speaker 3: more of what happened there is got he was gonna
- 37:48Speaker 3: get out, and they basically insinuated if you don't help us,
- 37:53Speaker 3: then you're gonna go back in. So it's actually that
- 37:56Speaker 3: would be the assumption, right that they helped get him out,
- 37:58Speaker 3: But ultimately what they were doing is we're just.
- 38:00Speaker 6: Not gonna help put you back in if you help.
- 38:02Speaker 3: Us, right, But if you don't help us, then we're
- 38:04Speaker 3: gonna make sure that you violate your probation and you
- 38:06Speaker 3: spend another two or three years in prison as a
- 38:08Speaker 3: child molester, which is very very rough to me. There
- 38:11Speaker 3: is nothing worse than a jailhouse snitch. I mean that is,
- 38:14Speaker 3: if you are a prosecutor and you use a jailhouse snitch,
- 38:17Speaker 3: you should go straight to hell because jailhouse snitches have
- 38:21Speaker 3: zero credibility. They are always lying there, always incentivized. It
- 38:25Speaker 3: is literally the most discussing thing that I've ever seen,
- 38:28Speaker 3: and you know, it impacts people's lives. I was in
- 38:33Speaker 3: maximum security prison in jail for a decade, ten years
- 38:37Speaker 3: of my life. My case really turned in two thousand
- 38:40Speaker 3: and nine when Kathleen Zelner got involved. Here's one of
- 38:43Speaker 3: the greatest attorneys in our nation. She has more exonerations
- 38:46Speaker 3: than any other individual attorney in the whole entire country.
- 38:50Speaker 3: And she was willing to take my case pro bono
- 38:53Speaker 3: at that and that was just I mean, that was
- 38:56Speaker 3: the biggest ray of hope that I had had at
- 38:58Speaker 3: that point. And I'm so great that she's in my life,
- 39:01Speaker 3: not only, you know, on the legal side, but just
- 39:03Speaker 3: as as a friend and a confidant.
- 39:07Speaker 4: But your biggest advocate through all those years was your father,
- 39:10Speaker 4: who went to extraordinary lengths to fight for you, to
- 39:15Speaker 4: make sure that you knew that he had your back,
- 39:17Speaker 4: and to ultimately prevail, or you wouldn't be sitting here now.
- 39:21Speaker 4: But there was another person who played an important role
- 39:24Speaker 4: in this right and she was someone who had written
- 39:26Speaker 4: to you as so many other people had. But but
- 39:29Speaker 4: they took on a whole new life.
- 39:30Speaker 6: Absolutely.
- 39:32Speaker 3: Micah my girlfriend, current girlfriend. Still we've been together, I
- 39:35Speaker 3: think over five years at this point. I've been out
- 39:37Speaker 3: less than four. You know, I've been very fortunate, like
- 39:40Speaker 3: I said, I, you know, without my family, I wouldn't
- 39:42Speaker 3: have survived. I would have been crazy, I wouldn't have
- 39:45Speaker 3: given up, but I would have lost a lot of hope.
- 39:47Speaker 6: So without them, I wouldn't be here.
- 39:49Speaker 3: And then Micah came along somehow we just ended up
- 39:52Speaker 3: writing and talking more and she became a big part
- 39:55Speaker 3: of my life and really kind of initiated this whole
- 39:59Speaker 3: social media movement which helped my case get so much attention,
- 40:02Speaker 3: which was really incredible. So, you know, it is amazing
- 40:05Speaker 3: what has happened with her in the social media movement.
- 40:08Speaker 3: We have a friend from Facebook, Mike, who was just
- 40:11Speaker 3: very helpful. I mean he helped us like design the
- 40:13Speaker 3: Facebook page and get it up there. And another guy, Richard,
- 40:16Speaker 3: and so with those three they ran the social media thing.
- 40:20Speaker 3: And when our page got up to one hundred thousand
- 40:22Speaker 3: people on Facebook and that was big. Then there was
- 40:24Speaker 3: no Instagram really and that really helped push the case
- 40:28Speaker 3: forward and really helped push what.
- 40:30Speaker 6: My father was doing out there and what my mother
- 40:32Speaker 6: was doing.
- 40:32Speaker 3: And like I said earlier, whenever my trial happened, I
- 40:36Speaker 3: lost hope in humanity.
- 40:37Speaker 6: I hated people.
- 40:38Speaker 3: I just I couldn't stand I couldn't understand them, and
- 40:42Speaker 3: that's what was so frustrating about it. I coudn't understand
- 40:44Speaker 3: how people could do these things to people. I still don't,
- 40:46Speaker 3: But then so many beautiful people have been in my life,
- 40:49Speaker 3: like my family and Mike and Richard and Mike and
- 40:53Speaker 3: so many other incredible individuals from forty eight hours in
- 40:56Speaker 3: Dayline and people who wrote and so well, so many
- 41:01Speaker 3: great people have shown me that the goodness in humanity
- 41:05Speaker 3: can overcome the negativity, right, And there's too many people
- 41:08Speaker 3: the name of course I found. No I'm leaving people
- 41:10Speaker 3: out it, but it's just like thank you to them,
- 41:13Speaker 3: thank you to everyone who supported me and supported other
- 41:16Speaker 3: people in my situation, because without that support we would
- 41:20Speaker 3: lose hope. And it's really given me the opportunity actually
- 41:23Speaker 3: live my life now, right, because if I still had
- 41:25Speaker 3: that mentality and I never saw the good side of people,
- 41:28Speaker 3: then what would I be doing with my life now.
- 41:30Speaker 3: I wouldn't want to help other people. I wouldn't I
- 41:33Speaker 3: don't think i'd be happy in society. I wouldn't be
- 41:35Speaker 3: happy in my life. So really they help save my
- 41:39Speaker 3: life by giving me my life back, but they also
- 41:42Speaker 3: help save my life a second time by showing me,
- 41:45Speaker 3: you know, the real passion and real beauty of the
- 41:48Speaker 3: human race.
- 41:49Speaker 4: I get people asking me frequently what can I do
- 41:53Speaker 4: to help? And aside from donating to Innocence Project and
- 41:58Speaker 4: other organizations. It's interesting to hear you talk about it
- 42:02Speaker 4: because so many people wrote to you and what that meant.
- 42:05Speaker 4: What would you say to someone who's listening now in
- 42:08Speaker 4: wherever they are.
- 42:09Speaker 3: Well, that's a great question, and the reality is there's
- 42:12Speaker 3: a lot you can do. It might not be as
- 42:14Speaker 3: much as you want because you just want to reach
- 42:16Speaker 3: in there and pull those people out like they're obviously innocent,
- 42:18Speaker 3: and you want to do everything you can, and so
- 42:20Speaker 3: you just got to you got to be patient. You've
- 42:22Speaker 3: got to find the right ways. I mean, the number
- 42:24Speaker 3: one thing I would say is to be active. Right, So,
- 42:27Speaker 3: if you find a case that you believe in, number one,
- 42:31Speaker 3: rite that person right their family and let them know
- 42:33Speaker 3: you support them. I mean that that right there opens
- 42:35Speaker 3: up a huge door and helps so much.
- 42:38Speaker 6: But then if you.
- 42:39Speaker 3: Initiate that contact, they might have other opportunities for you
- 42:42Speaker 3: to help, like riding the governor or putting together some
- 42:45Speaker 3: kind of thing that would bring other people in and
- 42:47Speaker 3: make them aware of it. So to me, it is
- 42:51Speaker 3: it is being active and creating awareness.
- 42:54Speaker 6: The best thing you can do.
- 42:56Speaker 3: Right a family member, right the person that you support,
- 43:00Speaker 3: and then get involved and start spreading awareness to your
- 43:03Speaker 3: friends and family. Tell them about the case, have them
- 43:05Speaker 3: read the case, and start talking to your local politicians.
- 43:09Speaker 6: Write them letters, make phone calls.
- 43:11Speaker 3: I mean even this day, every week or two weeks,
- 43:14Speaker 3: I'm calling some governor. I never get a hold of
- 43:17Speaker 3: the governor himself, but I am letting them know how
- 43:20Speaker 3: I feel about a case. And I am writing them,
- 43:22Speaker 3: and I'm sending them tweets, and I'm writing them emails,
- 43:25Speaker 3: Like any way we can let them know, let the
- 43:30Speaker 3: people in charge of these systems know that we are
- 43:33Speaker 3: paying attention and that we demand accountability. I think that
- 43:37Speaker 3: is what is going to help make change right. And
- 43:40Speaker 3: so what I hear a lot is people say like,
- 43:42Speaker 3: I don't feel like me as a person can do
- 43:46Speaker 3: enough to bring about change. But that's how change is
- 43:49Speaker 3: actually done right. It's not done by one person. It's
- 43:51Speaker 3: done by groups of individuals, done by all of us
- 43:54Speaker 3: together doing our own little part. Like I wish I
- 43:57Speaker 3: could do more, I'm just one little guy. But you know,
- 44:00Speaker 3: I do my little part, and I ask other people
- 44:02Speaker 3: to do their little parts. And if we keep doing
- 44:04Speaker 3: that individually, then I think we're gonna we're gonna see
- 44:06Speaker 3: a big change.
- 44:07Speaker 4: You know, we talked about the worst moment of your
- 44:09Speaker 4: life and the worst week of your life. What about
- 44:11Speaker 4: the best moment of your life?
- 44:14Speaker 3: You know, I think as a human being that you
- 44:17Speaker 3: focus on the negative so much that I don't know
- 44:19Speaker 3: what the best of the I mean, the thing about
- 44:24Speaker 3: living in prison for so long is that you kind of,
- 44:30Speaker 3: I don't know, you see the world a different way,
- 44:32Speaker 3: and you aren't able to have those high moments of happiness.
- 44:37Speaker 3: I haven't really been able to find that in my
- 44:39Speaker 3: life yet, which is someone unfortunately I've been I've been
- 44:42Speaker 3: able to do some incredible things. I mean, I've been
- 44:46Speaker 3: to a lot of different countries and I've traveled the
- 44:48Speaker 3: world since i've been out.
- 44:49Speaker 6: I've been able to go to the Super Bowl.
- 44:51Speaker 3: I've been able to with my father, which is really amazing,
- 44:54Speaker 3: and spend that weekend with them there. And you know,
- 44:56Speaker 3: I spend as much time as I can with my
- 44:58Speaker 3: family doing whatever we can.
- 45:00Speaker 6: There's dinner or traveling.
- 45:01Speaker 3: I have my own TV show, I wrote my own book,
- 45:03Speaker 3: which which was, you know, probably my greatest accomplishment personally.
- 45:07Speaker 3: And throughout all these things, I've never had like this,
- 45:11Speaker 3: this moment of intense joy, and and I didn't used
- 45:15Speaker 3: to be that way, you know, when I was younger,
- 45:17Speaker 3: when I was in high school, and you know, I mean,
- 45:19Speaker 3: I I just love life so much, like every day
- 45:22Speaker 3: I had intense joy. And while I do drive some
- 45:25Speaker 3: joy out of these things, of course, it's just I can't.
- 45:28Speaker 3: I can't get to that next level where I used
- 45:30Speaker 3: to be. And I think that's kind of what prison
- 45:32Speaker 3: does to people, you know. I mean, some people may
- 45:35Speaker 3: be able to get out and resume a normal life.
- 45:37Speaker 3: I think a lot of people, you know, put on
- 45:40Speaker 3: a strong front after what's happened to them, and I
- 45:43Speaker 3: certainly do. But the reality is that, you know, it
- 45:45Speaker 3: affects you, and it impacts you. And that's one of
- 45:48Speaker 3: the things that impacts me most. And the reality is
- 45:50Speaker 3: like I walk around with this rain cloud over my head,
- 45:53Speaker 3: I feel like a lot of times, and I'm afraid
- 45:56Speaker 3: of the lightning, you know, And so if it's raining
- 45:58Speaker 3: and thundering outside and there's lightning every I'm not going
- 46:00Speaker 3: to go out there because I don't want to get
- 46:01Speaker 3: hit by it, right, But the way the legal system
- 46:04Speaker 3: affects a human being in these situations, and you see
- 46:06Speaker 3: how humans act and everything, you know, this can happen
- 46:09Speaker 3: to you or somebody you love.
- 46:10Speaker 6: It's like they could come right now and kick in
- 46:13Speaker 6: the door and arrest you. They could do it to me,
- 46:15Speaker 6: They could do it to anybody.
- 46:16Speaker 3: And so I walk around with this this cloud over
- 46:18Speaker 3: my head and you know, I could get hit by
- 46:21Speaker 3: that lightning at any moment, and there's nothing I can do.
- 46:23Speaker 3: I can't there is no indoors, right, I could be
- 46:26Speaker 3: in another country.
- 46:27Speaker 6: It could happen, So it is. It is frightening.
- 46:29Speaker 3: So yeah, I mean your happy moment, it's hard to describe.
- 46:34Speaker 3: I I love life and I enjoy life, but for me,
- 46:36Speaker 3: my happiest moments are giving back because it makes me
- 46:41Speaker 3: feel like I'm protecting myself in a way as well,
- 46:44Speaker 3: and it gets rid of that cloud a bit because
- 46:46Speaker 3: hopefully it's turning this thing around that impacts us all.
- 46:50Speaker 4: What about the moment of exoneration.
- 46:53Speaker 3: Yeah, I wish I could say that was amazing, you know,
- 46:56Speaker 3: and that you know, you really expect it would be
- 46:58Speaker 3: in everything.
- 46:59Speaker 6: But that was hell for me. I didn't know what
- 47:02Speaker 6: was going on. I didn't know if I was actually
- 47:04Speaker 6: gonna be let out.
- 47:06Speaker 3: A lot of times they will take you back to
- 47:08Speaker 3: the county jail and then just read you your rights
- 47:11Speaker 3: and recharge you and then put you in the count
- 47:13Speaker 3: of jail for another year and a half. I didn't
- 47:14Speaker 3: know any of that what was going to happen until
- 47:17Speaker 3: I watched my parents walk through the sally Port door.
- 47:20Speaker 3: And I'm still sitting in the back of a van
- 47:22Speaker 3: in a cage with shackles on and an orange jumpsuit, and.
- 47:26Speaker 6: That's when I realized it was over.
- 47:27Speaker 3: So, I mean, it felt good, but I still like,
- 47:30Speaker 3: I don't know if these people are gonna come kick
- 47:31Speaker 3: my door. On the next day, I was literally looking
- 47:33Speaker 3: out my windows every time I thought I heard something
- 47:35Speaker 3: for the next six months. And so that's that's the
- 47:38Speaker 3: way these things impact people. And you know, I think, now,
- 47:43Speaker 3: obviously there's enough facts to protect me, and I think
- 47:47Speaker 3: I am safe, but I know that just happens to
- 47:48Speaker 3: other people.
- 47:49Speaker 6: So it's yeah, man, it's good that.
- 47:52Speaker 3: Some people can enjoy it, But I've looked so much
- 47:55Speaker 3: into our legal system and seen what's happened to so
- 47:57Speaker 3: many other people like Brian Ferguson.
- 47:59Speaker 6: You know, he was exonerating. They wanted to retry him
- 48:02Speaker 6: and everything.
- 48:03Speaker 3: And basically forced him into taking an alpha plea.
- 48:06Speaker 6: It's situations like that that really don't allow you.
- 48:10Speaker 3: To necessarily live your life to the fullest. And I
- 48:12Speaker 3: think as time goes on, you get better. But here
- 48:14Speaker 3: we are four years and I still have all these considerations.
- 48:16Speaker 4: So let's talk about your book, all right, So tell
- 48:20Speaker 4: us about the book and then any other final thoughts
- 48:23Speaker 4: that you have.
- 48:24Speaker 3: Yeah, so my book Stronger, Faster, Smarter. I wrote it
- 48:27Speaker 3: in my last five months in prison. It is one
- 48:30Speaker 3: of my greatest achievements. I just wanted to see if
- 48:32Speaker 3: I could write a book, and I saw so many
- 48:34Speaker 3: people working out really hard, but they weren't getting where
- 48:38Speaker 3: they wanted. They weren't accomplishing their goals, and I realized
- 48:41Speaker 3: that they're not educating themselves on what to do in
- 48:43Speaker 3: the fitness world. So I came up with this plan
- 48:46Speaker 3: of doing like basically.
- 48:47Speaker 6: Six main moves.
- 48:48Speaker 3: You eat it right, eat a certain way, and then
- 48:51Speaker 3: educate yourself and you'll be able to accomplish whatever fitness
- 48:54Speaker 3: goals you want, That's what the book is kind of about.
- 48:57Speaker 3: But I tied it in with my experience in prison
- 48:59Speaker 3: and how I I didn't know that ten years ago.
- 49:01Speaker 3: You know, I didn't know how to get in shape.
- 49:03Speaker 3: I had to figure it out to survive. And if
- 49:05Speaker 3: I could do it in that environment, then certainly everyone
- 49:08Speaker 3: can wherever they're.
- 49:09Speaker 6: At in the life. And so that's what it's about.
- 49:11Speaker 3: Man. It's a hopeful book that has some good information.
- 49:14Speaker 3: I think that can help people achieve their goals.
- 49:16Speaker 4: Get the book great, read, stronger, faster, or smarter. Get stronger, faster,
- 49:20Speaker 4: and smarter than Ryan Ferguson way. He was able to
- 49:23Speaker 4: do it in prison, so I guess the rest of
- 49:25Speaker 4: us have no excuse. And Ryan, any final thoughts that
- 49:29Speaker 4: you want to share, you.
- 49:30Speaker 6: Know, my final thoughts are just be aware. As Jason
- 49:34Speaker 6: was saying earlier, You know, when you look at.
- 49:36Speaker 3: These cases, always question what you're reading, Always question what
- 49:40Speaker 3: you're watching. The best thing we can do is educate ourselves, right.
- 49:43Speaker 3: Don't take anyone's word as the truth. Don't take it
- 49:47Speaker 3: as gospel. Whether it's your police or prosecutors, your local newspaper, whatever,
- 49:52Speaker 3: look into it.
- 49:53Speaker 6: Yourself.
- 49:53Speaker 3: These are really interesting cases. They're very important and they
- 49:57Speaker 3: impact us all and I think that each one of
- 50:00Speaker 3: us can do a lot to change the way our
- 50:02Speaker 3: legal system operates. And it is for ourselves, it's for
- 50:05Speaker 3: our youth, it's for everyone.
- 50:07Speaker 6: So yeah, it's it's it's amazing.
- 50:10Speaker 3: I think the more you loo get into it, the
- 50:11Speaker 3: more you're going to be intrigued, and the more you're
- 50:13Speaker 3: gonna want to want to get involved.
- 50:15Speaker 4: You've been listening to a very special episode of Wrongful
- 50:20Speaker 4: Conviction with a very special person, my friend Ryan Ferguson. Ryan,
- 50:26Speaker 4: thank you for coming and sharing your thoughts and wisdom,
- 50:30Speaker 4: and once again the book is stronger, faster, smarter.
- 50:33Speaker 6: Great.
- 50:33Speaker 3: Thanks Jason Man. Thanks for all that you do. Seriously,
- 50:36Speaker 3: like you lead by example and I appreciate that. What
- 50:38Speaker 3: I just said is, you know, go out there and
- 50:41Speaker 3: do what you can.
- 50:42Speaker 6: That's what you've been doing. And uh and there's a.
- 50:44Speaker 3: Lot you could do that you know, you could not
- 50:45Speaker 3: care about any of this, and it's amazing to see
- 50:47Speaker 3: what you do.
- 50:48Speaker 6: Man. You give me a lot of hope. So thanks
- 50:49Speaker 6: for having me. It was an honor and uh, yeah.
- 50:54Speaker 4: Right it on. Don't forget to give us a fantastic review.
- 51:00Speaker 4: Wherever you get your podcasts, it really helps. And I'm
- 51:04Speaker 4: a proud donor to the Innocence Project and I really
- 51:06Speaker 4: hope you'll join me in supporting this very important cause
- 51:10Speaker 4: and helping to prevent future wrongful convictions. Go to Innocence
- 51:13Speaker 4: Project dot org to learn how to donate and get involved.
- 51:17Speaker 4: I'd like to thank our production team, Connor Hall and
- 51:20Speaker 4: Kevin Wartis. The music in the show is by three
- 51:22Speaker 4: time OSCAR nominatede composer Jay Ralph. Be sure to follow
- 51:26Speaker 4: us on Instagram at Wrongful Conviction and on Facebook at
- 51:29Speaker 4: Wrongful Conviction Podcast. Wrongful Conviction with Jason Flamm is a
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