Latest / Wrongful Conviction / #295 Jason Flom with Ricky Kidd
Transcript
- 0:02Speaker 1: Late in the morning on February sixth, nineteen ninety six,
- 0:05Speaker 1: George Bryant and Oscar Bridges were at Bryan's Kansas City home.
- 0:09Speaker 1: According to four year old Kayla Bryant, her father invited
- 0:12Speaker 1: in three men dressed in black, whom she had seen
- 0:14Speaker 1: at the house two days earlier. It's believed that they
- 0:17Speaker 1: were there for a drug deal. While the men were
- 0:20Speaker 1: in the kitchen, Kayla hurt a gunshot, her father fell,
- 0:24Speaker 1: and Oscar Bridges ran into the basement, where he was
- 0:26Speaker 1: later discovered bound, gagged, and shot twice in the head.
- 0:30Speaker 1: While the men searched the house, George tried to run,
- 0:33Speaker 1: was shot and bled out in the snow. The three
- 0:37Speaker 1: men sped off in a white Oldsmobile. Police received anonymous
- 0:41Speaker 1: tips naming ten men as suspects, including men who knew
- 0:44Speaker 1: George Bryant, Gary Goodspeed Senior and Junior, Marcus Merrill, and
- 0:48Speaker 1: Ricky Kidd, with an alibi that included a trip to
- 0:52Speaker 1: the Sheriff's office and not being identified by Kayla. Ricky
- 0:56Speaker 1: was released after recording a video lineup. Weeks later, allience
- 1:00Speaker 1: neighbor Richard Harris was arrested while on parole in exchange
- 1:03Speaker 1: for leniency, he offered a description of the crime that
- 1:06Speaker 1: was inconsistent with all other witnesses, along with an ever
- 1:09Speaker 1: growing confidence in his identification of Ricky Kidd. Despite evidence
- 1:14Speaker 1: that mostly pointed toward Merrill and both Good Speeds, authorities
- 1:18Speaker 1: decided to prosecute Ricky on the strength of an incentivized
- 1:21Speaker 1: informant and against the protest of the four year old witness,
- 1:25Speaker 1: sending Ricky away for life without parole. This is wrongful conviction.
- 1:43Speaker 1: Welcome back to wrongful Conviction. Today. You are going to
- 1:47Speaker 1: hear from a guy who I'm really actually in awe of.
- 1:52Speaker 1: I've heard him on the radio, on podcasts, I've heard
- 1:56Speaker 1: him on different platforms. I've read about him. He's somebody
- 2:01Speaker 1: that everyone in the innocence movement respects and admires. He
- 2:06Speaker 1: carries himself in a way that I think is just inspiring.
- 2:11Speaker 1: I don't know how else to say it. And I'm
- 2:14Speaker 1: going to introduce the man right now, and so Ricky Kid,
- 2:17Speaker 1: welcome to Rafel Conviction.
- 2:19Speaker 2: Thank you, Jason, appreciate it.
- 2:21Speaker 1: I'm so glad you're here. Of course, I'm sorry you're
- 2:23Speaker 1: here because the reason you're here is the miserable nightmare
- 2:27Speaker 1: you had to live through. But before we get into
- 2:29Speaker 1: all of that, Ricky, let's go back like they do
- 2:31Speaker 1: in the movies when it gets all foggy and it
- 2:33Speaker 1: was time traveled back. What was your life like growing up?
- 2:36Speaker 1: What do you call it? A happy childhood?
- 2:37Speaker 2: Unfortunately, like many of the individuals who find themselves on
- 2:41Speaker 2: the wrong side of the law, wrongfully convicted, there was
- 2:44Speaker 2: some poverty issues. I grew up smart. I was always
- 2:48Speaker 2: two grades above and reading and math. I was innocent
- 2:52Speaker 2: of the woes of the world, the eels, the injustices
- 2:55Speaker 2: of the world at that time, and I was a
- 2:57Speaker 2: mama's boy. My name is Ricky, my mother's name is Vicky,
- 3:00Speaker 2: and my sister name is Nicki, so it was Nicky,
- 3:03Speaker 2: Ricky and Vicki. My father never showed up, Jason. He
- 3:06Speaker 2: for one reason or another, he decided not to participate
- 3:10Speaker 2: in my life. And then in nineteen eighty eight nineteen
- 3:13Speaker 2: eighty nine, my mother fell into crack cocaine addiction, and
- 3:17Speaker 2: my sister, who had different fathers, so she went and
- 3:19Speaker 2: stayed with her father's family, and my mother went into
- 3:23Speaker 2: her addiction in the streets, and I was left essentially homeless.
- 3:27Speaker 1: Well that's actually quite the opposite of a happy childhood.
- 3:30Speaker 1: And it's my understanding of the situation you found yourself
- 3:33Speaker 1: and led you to come to know both the eventual
- 3:35Speaker 1: victims and the assailants in this case. In fact, you
- 3:39Speaker 1: knew the good Speed so well that people confused you
- 3:42Speaker 1: for family.
- 3:43Speaker 2: I grew up next door to Gary Goodspeed junior. We
- 3:46Speaker 2: became friends and did start calling each other's cousins. As
- 3:49Speaker 2: we got older. Then I would call his mother auntie.
- 3:51Speaker 2: I will call his daddy uncle. Essentially, when my mother
- 3:55Speaker 2: went a wall and went into her addiction, his family
- 3:58Speaker 2: actually took me in. I had an ultimatum from the
- 4:03Speaker 2: good Speech was you're gonna have to find a way
- 4:06Speaker 2: to pay your way. So at a young age, I
- 4:08Speaker 2: was introduced to selling crack cocaine, and the older guys
- 4:12Speaker 2: would give me one hundred dollars pack five twenty dollar rocks,
- 4:16Speaker 2: and if I sold all one hundred of them, I
- 4:18Speaker 2: could to keep twenty. The idea was, little Ricky, if
- 4:21Speaker 2: you get caught, see you a juvenile, you can't get
- 4:24Speaker 2: into any trouble. So it just made sense to me,
- 4:27Speaker 2: with the cards that my life had dealt me at
- 4:29Speaker 2: that time, to do so thirteen fourteen, fifteen sixteen, I
- 4:34Speaker 2: was still this, you know, small time drug dealer. As
- 4:37Speaker 2: we became older and I began to find my own
- 4:40Speaker 2: way in this world, our passways began to go in
- 4:44Speaker 2: different directions. When it came to February sixth, nineteen ninety six,
- 4:49Speaker 2: the good speech would not have been considered friends. They
- 4:52Speaker 2: would not really have even been considered associates.
- 4:55Speaker 1: And earlier on, your connection to drugs put you in
- 4:58Speaker 1: touch with the victim in this case, George Bryant, who
- 5:01Speaker 1: was also involved in that same lifestyle. And while your
- 5:05Speaker 1: path diverged from the good speeds, you had three children, Jasmine,
- 5:10Speaker 1: Raven and Austin. Now you were supplementing your income still
- 5:14Speaker 1: selling drugs, and eventually that put you on the radar
- 5:17Speaker 1: of the local police.
- 5:18Speaker 2: Yeah. I would have been known to the police. So
- 5:20Speaker 2: the idea that you can be a street guy, the hustler,
- 5:24Speaker 2: it was good enough for them to say, you might
- 5:27Speaker 2: as well be a murder. It's all the same to them.
- 5:30Speaker 2: That's what you do, right, you sell drugs, you kill
- 5:33Speaker 2: each other, you Robin, But that just wasn't the case.
- 5:36Speaker 2: I wasn't violent at all. I had a drug conviction.
- 5:40Speaker 2: I was arrested in October of nineteen ninety five. Drugs
- 5:45Speaker 2: was found in a rental car, and so I popped
- 5:47Speaker 2: on the radar there just months before the commission of
- 5:52Speaker 2: the homicide in February of nineteen ninety six.
- 5:55Speaker 1: Just in time, of course, for your mugshot to be
- 5:57Speaker 1: available for a photo lineup. So let's talk about the
- 6:01Speaker 1: crime itself. So, like you said, it's February sixth, nineteen
- 6:05Speaker 1: ninety six. This happened just before noon, and from the
- 6:08Speaker 1: account of George's daughter Kayla, who was watching TV and
- 6:11Speaker 1: having a happy meal. Ironically, it looks like George had
- 6:16Speaker 1: invited three men into the house. We believe to make
- 6:20Speaker 1: some sort of a drug deal. Kayla had seen the
- 6:22Speaker 1: men though two days before, when they had come by
- 6:25Speaker 1: the house. She described one as fat and another skinny. Now,
- 6:29Speaker 1: on the day of the crime, the men had come
- 6:31Speaker 1: through the garage. They were dressed in black, and now
- 6:33Speaker 1: they were all in the kitchen with George and a
- 6:35Speaker 1: guy named Oscar Bridges. Kayla heard a gun go off
- 6:39Speaker 1: and her father fell to the ground. Then Oscar ran
- 6:42Speaker 1: down to the basement. One of the men followed Oscar,
- 6:44Speaker 1: whose body was later discovered bound, gagged and shot twice
- 6:48Speaker 1: in the head. The other two men searched George's pockets,
- 6:52Speaker 1: and while they searched the rest of the house, George
- 6:54Speaker 1: tried to run but was shot. He tragically bled out,
- 7:00Speaker 1: laying in the snow outside like a horror scene. Kayla
- 7:04Speaker 1: said the quote. Fat one came back in and told
- 7:06Speaker 1: her it was going to be all right. Then the
- 7:08Speaker 1: three men got into a white sedan and peeled off.
- 7:12Speaker 1: Police arrived at eleven fifty am and found Kayla still
- 7:15Speaker 1: on the phone with the nine one one dispatcher. Police
- 7:17Speaker 1: received various anonymous tips naming ten different suspects, including Marcus
- 7:23Speaker 1: Merrill and then also Darry Goodspeed Senior and Junior, and
- 7:26Speaker 1: then of course you, Ricky. So investigators put together a
- 7:31Speaker 1: photo lineup for Kayla that included you, Meryll and good
- 7:35Speaker 1: Speed Junior. And get this, Kayla only picked out Meryl. Now,
- 7:40Speaker 1: like you said, you were no longer associated with these guys,
- 7:43Speaker 1: but you were still listed with the police as known associates.
- 7:46Speaker 2: And so when the double homicide had taken place, unbenoath
- 7:51Speaker 2: to my lawyers and I at the time that the
- 7:54Speaker 2: real killers good Speed Senor Junior and Merrow had not
- 7:58Speaker 2: only committed the crime and fled, but to buy them
- 8:01Speaker 2: some time in some space. They called Chips hotline and
- 8:05Speaker 2: said that Ricky Kidd had something to do with this homicide.
- 8:08Speaker 2: And so that's how I ended up popping up on
- 8:10Speaker 2: their radar in the first place. They picked me up
- 8:14Speaker 2: on February fourteenth, nineteen ninety six, interrogated me for about
- 8:20Speaker 2: five or six hours. I participated in a photo lineup,
- 8:24Speaker 2: a video lineup, and.
- 8:26Speaker 1: They arrested Monica, your girlfriend at that time, as well.
- 8:28Speaker 1: They separated you and interrogated you both, and your stories
- 8:32Speaker 1: matched perfectly correct and the stories are pretty compelling. They
- 8:37Speaker 1: could have easily verified these stories right, Which was that
- 8:40Speaker 1: on the morning of the crime, you had agreed to
- 8:43Speaker 1: watch your nephew, right well, your sister was at work.
- 8:46Speaker 1: And then that same morning that this crime took place,
- 8:49Speaker 1: you and Monica and the little guy DJ had gone
- 8:52Speaker 1: to Nikki's office to pick up your car and then
- 8:55Speaker 1: stopped at McDonald's and went to the Jackson County Sheriff's office.
- 8:59Speaker 2: Imagine that, I mean, how.
- 9:01Speaker 1: Good of an alibi do you need? And this is
- 9:03Speaker 1: the Sheriff's office at Late Jakomo where you applied for
- 9:06Speaker 1: a gun permit, so I mean it. That's it, right.
- 9:10Speaker 1: No more investigation is necessary than to just do those
- 9:13Speaker 1: very basic things and go check the videotape at McDonald's.
- 9:16Speaker 1: Go check and see if in fact you were at
- 9:18Speaker 1: the sheriff's office. They would have a record of that. Obviously,
- 9:20Speaker 1: if you applied for a gun permit. Now you agreed
- 9:22Speaker 1: to stand at a videotape lineup, allowed police to search
- 9:25Speaker 1: the car and belongings. And I got to go back
- 9:27Speaker 1: to the fact that you and your and Monica, your
- 9:29Speaker 1: story's matched exactly. Now, if you were lying since you
- 9:31Speaker 1: were separated, there's no chance that those stories would.
- 9:35Speaker 2: Have matched none at all.
- 9:36Speaker 1: It seems like initially when they first arrested you, they
- 9:38Speaker 1: basically acknowledged that you weren't the.
- 9:40Speaker 2: Guy and they had let me go. They said it
- 9:44Speaker 2: at the time, it appeared that somebody was throwing my
- 9:47Speaker 2: name in a hat, trying to shuffle things around, and
- 9:50Speaker 2: they released me February fifteenth. In my mind, there was
- 9:53Speaker 2: no frame of reference at that time, in nineteen ninety
- 9:56Speaker 2: six for me to even understand that I was in trouble. Ay,
- 9:59Speaker 2: I'm in it. You can clearly go verify that I'm
- 10:04Speaker 2: in a set and might whereabouts at the time of
- 10:06Speaker 2: the crime. And they did not pursue that.
- 10:09Speaker 1: Now they go and they decided they're going to test
- 10:12Speaker 1: six pairs of your shoes, and they compared them to
- 10:15Speaker 1: shoeprints that were found in the kitchen. There was one
- 10:19Speaker 1: shoeprint that was found on a piece of bread, and
- 10:22Speaker 1: the other one was in blood on linoleum. And your
- 10:25Speaker 1: shoes as well as the shoes of the victims were
- 10:28Speaker 1: excluded as the source of the prince. You don't have
- 10:31Speaker 1: to be Sherlock Holmes here, ladies and gentlemen, right. So
- 10:35Speaker 1: they also, at the same time, though, began to investigate Meryl,
- 10:38Speaker 1: Goodspeed Junior, and Good Speed Senior. All of them, interestingly enough,
- 10:42Speaker 1: lived in Georgia, where Meryll and Good Speed Junior shared
- 10:46Speaker 1: an apartment. Now get this. Airline records showed that the
- 10:49Speaker 1: three men had flown from Atlanta to Kansas City a
- 10:52Speaker 1: few days prior to the murders and stated that Adams
- 10:54Speaker 1: Marcotel before returning to Georgia after the murders Alamo rent
- 10:59Speaker 1: the car records showed the Good Speed Senior rented a
- 11:02Speaker 1: You guess that a white Oldsmobile which fit the description,
- 11:05Speaker 1: the real descriptions of the getaway car and good speed.
- 11:09Speaker 1: Senior's fingerprint was found on a Carmex lip bomb wrapper
- 11:12Speaker 1: with a price tag from a good to ghost store,
- 11:15Speaker 1: one of which was a block and a half from
- 11:17Speaker 1: Brian's home. Again, these are clues that are starting to
- 11:20Speaker 1: really add up. I mean, that would be a crazy
- 11:22Speaker 1: set of coincidences could happen. But okay, So then on
- 11:26Speaker 1: March eleventh, nineteen ninety six, Richard Harris, who lived near
- 11:29Speaker 1: mister Bryant, was arrested on a parole violation. I want
- 11:31Speaker 1: to take us through this part, Ricky.
- 11:33Speaker 2: Yeah, this individual you're talking about, Richard Harris, was an
- 11:38Speaker 2: alleged witness to the commission of the crime and he
- 11:41Speaker 2: had a parole violation. He was brought in and detectives
- 11:46Speaker 2: had already received a call that he might have some
- 11:49Speaker 2: information as it related to the double homicide. And so
- 11:53Speaker 2: when he go into the police station for his parole violation,
- 11:56Speaker 2: homicide brings him down. They began to enter it him
- 12:01Speaker 2: and that's where they received their first cooperating or what
- 12:06Speaker 2: I like to call cohersed witness. And so the opportunity
- 12:11Speaker 2: was ripe for him to receive some type of favor
- 12:15Speaker 2: in exchange for information, even if it was inaccurate information,
- 12:20Speaker 2: to get himself back out of the trouble that he
- 12:22Speaker 2: found himself in. And so what detectives done to help
- 12:27Speaker 2: facilitate that was they showed Richard Harris a single photo
- 12:31Speaker 2: of me first, and Richard Harris said, I cannot say
- 12:34Speaker 2: that was him. Then they showed him a five man
- 12:37Speaker 2: photo spread and lo and behold, who's the fifth man?
- 12:40Speaker 2: And the five man photo spread the same guy he
- 12:43Speaker 2: just saw on a single photo. So then he said,
- 12:47Speaker 2: I think I think that's the guy. They said, but
- 12:49Speaker 2: you can't be sure. He said, no, I can't be sure.
- 12:52Speaker 2: So they said, okay, let's go into this other room
- 12:55Speaker 2: where they show him the video lineup. All the faces
- 12:58Speaker 2: changed except up for Ricky Kidd. So at this stage
- 13:03Speaker 2: he went from the single polar warid, I'm not sure,
- 13:06Speaker 2: the five man photo spread it maybe number five, to
- 13:10Speaker 2: the video lineup. He became two thousand and one percent
- 13:13Speaker 2: sure that Ricky Kidd was the guy that he saw,
- 13:17Speaker 2: despite describing everything contrary to what the police began to
- 13:23Speaker 2: collect or report on the evidence. For example, all witnesses
- 13:27Speaker 2: said that there was three men. They hopped in a
- 13:30Speaker 2: white late model OS mobile. They backed down the street.
- 13:33Speaker 2: That they all had on ski masks and black trench coats.
- 13:37Speaker 2: Richard Harris described one of them without a coat on
- 13:40Speaker 2: at all, one with a brown coat, and that they
- 13:43Speaker 2: didn't back up, they actually went forward. And they was
- 13:46Speaker 2: not in a late model osmobile. They was in a
- 13:49Speaker 2: Nissan Stanza. And so early on, he's getting key facts wrong.
- 13:54Speaker 1: This guy obviously didn't see it. But nonetheless, on May
- 13:57Speaker 1: twenty second, nineteen ninety six, a few months after this
- 14:00Speaker 1: awful crime, were arrested again.
- 14:01Speaker 2: They came and they pulled their guns as I was
- 14:05Speaker 2: driving away from my apartment, made me stop the car.
- 14:09Speaker 2: I was surrounded by squad and police and detectives. My girlfriend,
- 14:13Speaker 2: Monica Gray at the time, she was with me, made
- 14:16Speaker 2: us put our hands up and they slapped those cold
- 14:19Speaker 2: handcuffs on us and took us down to the police station.
- 14:22Speaker 2: And I'm thinking, in my mind, what didn't they understand
- 14:26Speaker 2: the first time? It's gonna be yet another inconvenience because
- 14:31Speaker 2: I'm moving, you're gonna make I'm just gonna be late.
- 14:33Speaker 2: I'm gonna be late. I'm not gonna go to prison.
- 14:35Speaker 2: Innocent people don't go to prison. I'm just about to
- 14:38Speaker 2: be hastled, let go, and they once again realized that
- 14:43Speaker 2: they have the wrong person. I had no previous experience
- 14:46Speaker 2: with our justice system.
- 14:48Speaker 1: You told Detective Jay Pruding that you were with Monica
- 14:53Speaker 1: all day and that whoever identified you must have confused
- 14:56Speaker 1: you with somebody else, quite possibly your uncle, Gary Goodspeed Senior.
- 15:01Speaker 1: But nonetheless you and Merrill were charged with the murders.
- 15:05Speaker 1: Take us to what happens over the next month. When
- 15:08Speaker 1: you reached out to this detective, right.
- 15:10Speaker 2: I was letting them know through the whole time that
- 15:14Speaker 2: I was in the county jail. I had no bond,
- 15:17Speaker 2: that I was innocent. First, I did not know why
- 15:21Speaker 2: they would think I would be guilty, so I had
- 15:24Speaker 2: to wait for my discovery. Once I was able to
- 15:27Speaker 2: receive the police reports, about six hundred pages, maybe one
- 15:32Speaker 2: hundred and fifty of them was keeping everything that they
- 15:34Speaker 2: collected together. Maybe about fifty or sixty pages was related
- 15:40Speaker 2: to me, but the rest of the six hundred pages
- 15:42Speaker 2: were all related to the good Speed and those clues
- 15:45Speaker 2: and the dots that connected them to being involved in
- 15:48Speaker 2: the commission of this crime, and so as I received
- 15:50Speaker 2: my discovery in the county jail, I was smart enough
- 15:54Speaker 2: as a novus, as a regular citizen, to see that
- 15:57Speaker 2: you are barking up the wrong tree, and how can
- 15:59Speaker 2: you possibly not see this, as seasoned detectives unless you
- 16:05Speaker 2: are purposely trying to send the wrong person to prison.
- 16:09Speaker 2: So I would reach out, my sister would reach out.
- 16:12Speaker 2: I would get on the phone. My lawyers would tell me,
- 16:15Speaker 2: might I advise you don't talk to the detectives? And
- 16:18Speaker 2: I heard her. I was smart enough to understand the
- 16:20Speaker 2: basis of that. But in my mind, I'm thinking an
- 16:23Speaker 2: innocent man could never get itself in any trouble. He's innocent.
- 16:27Speaker 2: So I would not listen, and I would call the
- 16:30Speaker 2: detectives and I would wrestle with them over the phone
- 16:33Speaker 2: till they one day came and picked me up and
- 16:35Speaker 2: brought me over to headquarters, and I had about twenty
- 16:39Speaker 2: five thirty minutes to articulate their case back to them.
- 16:45Speaker 2: And man, you are to seen they I wish that
- 16:47Speaker 2: was recorded. You are have seen their faces. I mean,
- 16:49Speaker 2: I was a young Perry Mason, if you will, and
- 16:53Speaker 2: I'm kind of being funny but serious, I was really
- 16:56Speaker 2: laying out like this is how you're making a mistake,
- 16:59Speaker 2: and answer why this and why that. Gary Goodspeed Junior
- 17:03Speaker 2: was picked up by the detectives and asked what time
- 17:08Speaker 2: did George Bryant die? And Gary Goodspeed Junior says, in
- 17:14Speaker 2: this police report he died at eleven forty seven or
- 17:18Speaker 2: eleven forty six. Who else would know that other than
- 17:23Speaker 2: the killer? It was never reported in papers, It was
- 17:27Speaker 2: never reported in the news, It was never reported anywhere else.
- 17:31Speaker 2: In fact, the detective asked them, how do you know that,
- 17:34Speaker 2: good Speed Junior, he said, my dad told me so.
- 17:39Speaker 2: He would have been better off saying I read it
- 17:42Speaker 2: in the newspaper, and we could try to find that
- 17:43Speaker 2: newspaper that did not exist. But the news at that
- 17:47Speaker 2: time had not reported the time of death, so how
- 17:50Speaker 2: would you know? So it was these things. It was
- 17:52Speaker 2: these glaring facts that I was challenging the detectives with,
- 17:56Speaker 2: and they got so frustrated. You know, usually they put
- 17:58Speaker 2: us in a pigeon box to speak when they get
- 18:00Speaker 2: us in there. But I had them in the pigeon
- 18:02Speaker 2: box so much so that they called it off. One
- 18:06Speaker 2: of the leadings Sargeant said, get him out of here.
- 18:09Speaker 2: And don't bring you back over here again.
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- 18:55Speaker 2: The prosecutor, Amy McGowan, wanted to talk to Gary Goodspeed
- 18:58Speaker 2: Senior and wanted to talk to Gary Goodspeed Junior. I
- 19:02Speaker 2: was making too much of a fuss that I was
- 19:04Speaker 2: innocent and that they were guilty according to the evidence
- 19:07Speaker 2: that they have in their possession. And so the prosecutor's
- 19:11Speaker 2: office worked to get Gary Goodspeed Senior and Gary Goodspeed
- 19:14Speaker 2: Junior too participate in sworn depositions. And by the way,
- 19:18Speaker 2: Gary Goodspeed Senior and Gary Goodspeed Junior was Marcus Murrell's
- 19:23Speaker 2: alibi witness. Marcus Merrill and I were charged. Marcus Merrill
- 19:27Speaker 2: is saying I was not with Ricky Kidd. I was
- 19:30Speaker 2: with Gary Goodspeed Senior, and I was with Gary Goodspeed Junior.
- 19:33Speaker 2: And Gary Goodspeed Senior and Junior is saying, yeah what
- 19:36Speaker 2: Marcus Merrill said, We was with him and we were
- 19:38Speaker 2: not with Ricky Kidd. And so they reported to Amy
- 19:42Speaker 2: McGowan's office for a sworn deposition. Marcus Merrell Lawyers was there.
- 19:47Speaker 2: Detectives were summons to be there to read them their
- 19:51Speaker 2: Miranda rights. Why would you be reading these law abiding
- 19:54Speaker 2: citizens of them Miranda rights if you did not have
- 19:57Speaker 2: an indication that these were your guilty men? And so
- 20:02Speaker 2: everybody was there except for Ricky kidds representation Teresa Andison. Now,
- 20:08Speaker 2: by law, since this was a joint trial, all parties
- 20:11Speaker 2: must be summons together. You cannot take a deposition outside
- 20:15Speaker 2: of the presence of the other parties of individuals that
- 20:18Speaker 2: was involved. We was unaware that good Speech Senior and
- 20:21Speaker 2: Junior were being deposed of in Amy the Prosecutor's office.
- 20:25Speaker 2: During the deposition, they swore under oath that they was
- 20:28Speaker 2: not with Ricky Kidd, further proof that I was innocent,
- 20:31Speaker 2: and that they were indeed with Marcus Merrill and with
- 20:34Speaker 2: each other, And they further went to collaborate evidence that
- 20:38Speaker 2: suggested they did it. So police already had this five
- 20:42Speaker 2: hundred page of police reports that some of the spots
- 20:46Speaker 2: and dots were already there. And what these two individuals
- 20:49Speaker 2: did in a sworn deposition in the prosecutor's office is
- 20:53Speaker 2: basically connect themselves to those spots and dots. What happened
- 20:57Speaker 2: was Amy McGowan. She would have had to realize that she, indeed,
- 21:01Speaker 2: at this point emphatically is holding the wrong person in
- 21:06Speaker 2: the Jackson County jail across the street, and the real
- 21:09Speaker 2: killers is sitting in her office. What did she decide
- 21:12Speaker 2: to do? She'd said, escort these individuals out of here
- 21:16Speaker 2: and let them go and proceed it knowing that she
- 21:20Speaker 2: was sending the wrong person to prison. And just one
- 21:23Speaker 2: more little caveat to add to that, not only did
- 21:26Speaker 2: she not invite my legal team to the depositions, but
- 21:29Speaker 2: she also hid the fact that it even existed in
- 21:33Speaker 2: the first place. Those transcripts of those depositions were printed,
- 21:37Speaker 2: were created, and they was buried, buried as if it
- 21:41Speaker 2: never exists. It was only years later that Professor Sean
- 21:44Speaker 2: O'Brien in the Midwest Centistnce Project was able to find
- 21:47Speaker 2: those hitting and buried depositions, and we was able to
- 21:51Speaker 2: present them to a court and prove emphatically to the
- 21:53Speaker 2: court that Amy McGowan with hell key evidence and she
- 21:56Speaker 2: did it maliciously.
- 21:58Speaker 1: What the fuck is wrong with you people? You're absolute right.
- 22:01Speaker 1: They should have put the cuffs on them right there.
- 22:03Speaker 1: They should have assigned somebody to go across the street
- 22:04Speaker 1: and say we're sorry, mister kidd. This was a big misunderstanding.
- 22:08Speaker 1: We wish you well. At a minimum, that's what they
- 22:11Speaker 1: should have done. Yeah, but they were like, Nah, let
- 22:14Speaker 1: these guys go and hope they don't go and murder
- 22:17Speaker 1: anybody else.
- 22:18Speaker 2: Imagine that.
- 22:19Speaker 1: That's a level of evil that I think is hard
- 22:22Speaker 1: for most people with any sort of a conscience to understand.
- 22:26Speaker 1: But it's real because you're here to tell this story,
- 22:29Speaker 1: which is a miracle in itself. You know.
- 22:30Speaker 2: The National Registry of Exoneration have noted in their report
- 22:34Speaker 2: that fifty four percent of wrongful convictions has a direct
- 22:37Speaker 2: correlation with police and prosecutorial misconduct. Fifty four percent.
- 22:43Speaker 1: I believe.
- 22:43Speaker 2: One of the last studies I read was that about
- 22:46Speaker 2: four percent ever have any inquiry period, no matter how
- 22:50Speaker 2: egregious it is. Amy McGowan's behavior that we're talking about
- 22:54Speaker 2: today was so egregious, so egregious that nobody has come
- 22:59Speaker 2: to her defense except for her lawyer. It is actually
- 23:02Speaker 2: before the Missouri Supreme Court is hardly ever gone this far.
- 23:06Speaker 2: This case is so serious, her behavior so serious that
- 23:10Speaker 2: the Missouri Supreme Court, which is a very conservative court
- 23:13Speaker 2: here in this region, said no, no, no, we're going
- 23:15Speaker 2: to take this case up and we're going to decide
- 23:17Speaker 2: what type of punishment she deserves for this Injustice Act
- 23:21Speaker 2: that she participated in.
- 23:23Speaker 1: I wish I had more confidence that they're going to
- 23:26Speaker 1: do the right thing. The right thing really would be
- 23:28Speaker 1: to put her where you were for twenty three.
- 23:31Speaker 2: Years, correct, correct?
- 23:32Speaker 1: I mean, I'm not an eye for an eye person
- 23:35Speaker 1: by any stretchy imagination, but you don't have to be
- 23:38Speaker 1: to understand that in less and until there's real accountability,
- 23:42Speaker 1: not just losing your law license, and that almost never
- 23:44Speaker 1: happens either. There's only been five prosecutors in the history
- 23:47Speaker 1: of this vast wrongful conviction universe that goes back now
- 23:53Speaker 1: hundreds of years in America. There's only been five prosecutors disbarred,
- 23:57Speaker 1: and you know one was recent in on Huffington case
- 24:01Speaker 1: in Maryland, but only five this barred, and only two
- 24:04Speaker 1: have ever gone to jail. Only two the Duke Lacrosse
- 24:07Speaker 1: Mike Nifong, he went to jail for one day. And
- 24:11Speaker 1: in the Michael Morton case in Texas, a guy named
- 24:14Speaker 1: Anderson went to jail for three days after putting Michael
- 24:18Speaker 1: in prison for twenty four years and seven months for
- 24:20Speaker 1: a crime that it was proven he knew, he knew,
- 24:23Speaker 1: just like they knew in your case, he didn't commit it.
- 24:26Speaker 1: So here comes the trial Jackson County. So you went
- 24:30Speaker 1: to trial with Merrill, Right, Mister Merrill and his attorneys
- 24:34Speaker 1: pointed the finger at you and said that you committed
- 24:37Speaker 1: the crime with the good speeds. And of course your
- 24:39Speaker 1: defense was that Meryll defense. Your defense was the truth,
- 24:44Speaker 1: which was that Meryll committed the crime with the good speeds.
- 24:47Speaker 1: But truth had no place in this proceeding or this courtroom.
- 24:53Speaker 1: And of course we know how this plays out, but
- 24:56Speaker 1: it still took another couple of twists and turns. I'm
- 24:58Speaker 1: talking about little Kayla, right, who's now maybe five years
- 25:02Speaker 1: old at this point. Right, This poor little child, a
- 25:05Speaker 1: baby who's been through an experience that she probably bless
- 25:08Speaker 1: her heart, has probably never will recover from it, certainly
- 25:10Speaker 1: had recovered from at this point. So she got on
- 25:13Speaker 1: the witness stand, tell us about this. It must have
- 25:15Speaker 1: been a surreal moment for you.
- 25:17Speaker 2: It was, and it was sad what happened. They showed
- 25:20Speaker 2: her a five man photo spread and said, can you
- 25:23Speaker 2: identify the individuals that you saw at your house that day?
- 25:29Speaker 2: And she pointed to number three, Marcus Merrell, and they said, okay, okay,
- 25:33Speaker 2: good job. Now, now can you point to the other
- 25:37Speaker 2: person you said you saw in the house that day
- 25:41Speaker 2: And she said, no, I only saw one. I told
- 25:45Speaker 2: you I only saw one. And so they would ask
- 25:49Speaker 2: the judge, can we approach she's she's tired, she's hungry,
- 25:53Speaker 2: she's this, that and the other. So they tried to
- 25:55Speaker 2: go back over there and rehabilitate her or get her
- 25:58Speaker 2: to look around the court and see if you can
- 26:00Speaker 2: identify any of those individuals that you saw in your
- 26:04Speaker 2: home that day, and she could not. When they further
- 26:07Speaker 2: pressed her on the stand, she became even more frazzled
- 26:11Speaker 2: and frustrated, and she said, I forgot, I forgot the story.
- 26:16Speaker 2: I forgot the whole story. Now, given that a five
- 26:22Speaker 2: year old can miss speak as they're learning full of sentences,
- 26:27Speaker 2: but as adults, when people use that type of language,
- 26:31Speaker 2: story it's something that's made up, it's something that's told
- 26:34Speaker 2: to them, and so we don't just say that loosely.
- 26:37Speaker 2: There's other evidence that support that she was told a story.
- 26:41Speaker 2: Her mother admits that she was told things, that she
- 26:44Speaker 2: told her daughter things. And so the idea that it's
- 26:47Speaker 2: coming out in trial that they are trying to get
- 26:50Speaker 2: this little girl to send an innocent person in prison
- 26:53Speaker 2: based on what she was told, not based on what
- 26:56Speaker 2: she actually may know, at least in full their case,
- 27:01Speaker 2: rightfully so was weak and so they had to figure out,
- 27:06Speaker 2: yannor can we take a quick break, And they had
- 27:09Speaker 2: to figure out how do I shore up this case?
- 27:12Speaker 2: And so after they took a little ten minute break,
- 27:14Speaker 2: some wise guy on the prosecutor side said, Hey, let's
- 27:17Speaker 2: call the detectives who said that she said that to
- 27:21Speaker 2: them and have them to say that to the jury.
- 27:25Speaker 2: And that's what they did, Jason. They brought in the
- 27:28Speaker 2: homicide detectives. Violated a hearsay rule where I had to
- 27:33Speaker 2: write to confront my witness. But my witness had said
- 27:36Speaker 2: what she said, so, they said, let's bring the detectives in.
- 27:39Speaker 2: They came in, about two or three of them took
- 27:41Speaker 2: the stand and said, yeah, we know what she wasn't
- 27:44Speaker 2: able to do today. But they looked to the jury,
- 27:46Speaker 2: They looked to the court, They looked to the judge
- 27:48Speaker 2: and said, but that's what she told us. They said
- 27:51Speaker 2: that this is what happened at headquarters. She came in,
- 27:54Speaker 2: We got her calm, we got her chill, and then
- 27:57Speaker 2: we began to proceed with the identification. Prop says that
- 28:00Speaker 2: she couldn't identify him in the photo spread, but when
- 28:03Speaker 2: we showed her the video, she started shaking real bad.
- 28:08Speaker 2: She had to be consulted and controlled that. She began
- 28:11Speaker 2: to cry and say, that's him, that guy right there,
- 28:15Speaker 2: that's who killed my daddy, says the police. You have recordings,
- 28:21Speaker 2: you have in fact transcribed these recordings, and nothing nowhere
- 28:26Speaker 2: near on paper suggests that she identified me at all. Furthermore,
- 28:35Speaker 2: once police said that this is what she did and trial,
- 28:38Speaker 2: they testified to that what happened at police headquarters, They said, well,
- 28:41Speaker 2: then what did you do next? They said, well, we
- 28:44Speaker 2: took her in the video recording room and we video
- 28:47Speaker 2: recorded a statement from her. They played the video recorded statement.
- 28:55Speaker 2: Not a question asked about Ricky kit. It's hard to believe.
- 29:01Speaker 2: Not a question asked, not even a question looking don't
- 29:06Speaker 2: they didn't have to. Okay, maybe we didn't go into
- 29:09Speaker 2: the weeds of it. You didn't even you have an
- 29:11Speaker 2: opportunity to memorialize a sensitive interview of a four and
- 29:15Speaker 2: a half or five year old child. You say in
- 29:19Speaker 2: the other room, this is all that she said. But
- 29:21Speaker 2: when you get a chance to video record and memorialize it,
- 29:24Speaker 2: you don't do it. Why don't you do it? Because
- 29:30Speaker 2: it didn't happen. That's why they didn't do it. But
- 29:33Speaker 2: they took those police detectives' words as a credible.
- 29:37Speaker 1: So this little five year old, this brave, little fatherless child,
- 29:42Speaker 1: tried to do the right thing, even though she probably
- 29:45Speaker 1: desperately wanted to listen and had been influenced by these
- 29:49Speaker 1: people who are trying everything they could, and she must
- 29:52Speaker 1: have desperately wanted to help find and bring to justice
- 29:56Speaker 1: the person who killed her daddy, and the other man
- 29:59Speaker 1: in the house said day and even then, even under
- 30:03Speaker 1: all that pressure, she stood up. And their response is
- 30:07Speaker 1: to go conspire, to put lies upon lies and it
- 30:13Speaker 1: sounds a lot like hearsay as well, right, because they're
- 30:15Speaker 1: coming in when going well no, but she said at a
- 30:17Speaker 1: different time, I mean, this is how that's admissible. I
- 30:20Speaker 1: you know, I'm at a loss. I mean, I don't
- 30:22Speaker 1: even know why we have perjury laws if we're not
- 30:24Speaker 1: going to hold these people to account for what is
- 30:26Speaker 1: the most one of the most obvious cases of perjury
- 30:29Speaker 1: that anybody's ever seen. But like you said, it happens
- 30:31Speaker 1: every day, all day and twice on Sunday. So then
- 30:34Speaker 1: comes Richard Harris.
- 30:35Speaker 2: So when we talk about the state witness, Richard Harris
- 30:38Speaker 2: let me context that there's no physical evidence connecting me
- 30:42Speaker 2: to the crime. So all they had was Caleb Bryant,
- 30:47Speaker 2: who we just talked about, and then what they had
- 30:49Speaker 2: left was Richard Harris, this neighbor guy who was into trouble,
- 30:54Speaker 2: who was looking to save his own soul. He testifies
- 30:59Speaker 2: that he is two thousand and one percent sure that
- 31:03Speaker 2: it was Ricky Kidd who he saw committing the crime
- 31:07Speaker 2: on that day. To help bolster his memory, I don't
- 31:11Speaker 2: know if they worked with him on this. He called
- 31:15Speaker 2: me the terminator. How do you know so much? Because
- 31:19Speaker 2: he walked like a terminator. I guess I don't know, robot.
- 31:24Speaker 2: I'm not quite sure, but I just think it was
- 31:27Speaker 2: designed to boaster his identification that he was accurate. The
- 31:32Speaker 2: problem was I didn't walk like no terminator. I didn't
- 31:36Speaker 2: have any walk like a terrainator. But they didn't say, ricky, kid,
- 31:40Speaker 2: you get up and you walk, can you demonstrate to
- 31:42Speaker 2: the jury? So on the surface, it sounds like he
- 31:45Speaker 2: gotta be right because he was able to distinguish how
- 31:49Speaker 2: this guy walks. It was designed to boaster a false testimony.
- 31:55Speaker 2: He gives me a beard. I'm twenty two years of
- 31:57Speaker 2: age at that time. I did not have a beerd
- 32:00Speaker 2: he put a beard on me. My lawyer tried to
- 32:03Speaker 2: impeach him there. She did a real terrible job doing that.
- 32:06Speaker 2: All photos had shown that I was clean faced, like
- 32:08Speaker 2: I couldn't have had a beard. I think they had
- 32:10Speaker 2: got a photo of me just weeks before the nd
- 32:13Speaker 2: But this guy came in and testified that he was
- 32:15Speaker 2: two thousand and one percent sure that I was the guy,
- 32:19Speaker 2: despite getting everything else wrong about the commission of the crime.
- 32:24Speaker 2: And listen to me, he didn't get one thing. Oh,
- 32:27Speaker 2: I can see how he got a couple of things wrong,
- 32:29Speaker 2: but he got a couple of things right. This state
- 32:31Speaker 2: witness Richard Harris, didn't get one thing right that all
- 32:35Speaker 2: other independent neighbors were saying about what happened before and
- 32:40Speaker 2: after the gunfire. But they found this guy credible.
- 32:45Speaker 1: He lied, and he had I mean, I'm not excusing
- 32:49Speaker 1: it by any means, but he had a hell of
- 32:52Speaker 1: a choice, right. He had the choice of either going
- 32:54Speaker 1: back to jail, which they were threatened to throw him
- 32:56Speaker 1: back to jail on the parle violation, which he obviously
- 32:58Speaker 1: didn't want to do, or saying nothing, in which case
- 33:01Speaker 1: they would have put him back in jail, or implicating
- 33:03Speaker 1: the actual killers and he knew exactly who they were
- 33:05Speaker 1: and putting his own life in very real danger, or
- 33:08Speaker 1: pinning it on an innocent guy and walking free and
- 33:11Speaker 1: just having to live with his own conscience. And he
- 33:13Speaker 1: chose the easy way out, Ricky. This trial, unlike some
- 33:17Speaker 1: other Rowful convictions that we've covered, where they didn't even
- 33:21Speaker 1: bother or present halibi witnesses or anything like that, due
- 33:25Speaker 1: to either the fact that they may not have been
- 33:27Speaker 1: any because maybe the person was just home a sleep
- 33:29Speaker 1: at the time, or the fact that the attorney was
- 33:31Speaker 1: just incompetent or didn't care or whatever. But in your case,
- 33:34Speaker 1: you had credible alibi witnesses to refute the ridiculous false
- 33:40Speaker 1: narrative that mister Harris was putting forward. So tell us
- 33:42Speaker 1: a little about who testified in your defense.
- 33:45Speaker 2: Yeah, Jason, we had my stepfather testify that he came
- 33:50Speaker 2: down early that morning and gave me a jumpstart. My
- 33:53Speaker 2: sister testified that she stayed at my house, that she
- 33:56Speaker 2: took my new core, that I came to her job
- 33:59Speaker 2: to pick up that new car. Two of her co
- 34:02Speaker 2: workers testified that I came to her job that day
- 34:06Speaker 2: as well, that they was the one who greeted me
- 34:09Speaker 2: and escorted me over to my sister to pick up
- 34:12Speaker 2: the keys. My daughter, Jasmine, her mother Kelly, she testified
- 34:17Speaker 2: that I came out to her house as well. And
- 34:21Speaker 2: then my girlfriend at the time, Monica Gray, testified to
- 34:25Speaker 2: the fullness of all of that because she was with
- 34:28Speaker 2: me all day, so she was the base of all
- 34:31Speaker 2: of those added testimonies of where I was throughout the
- 34:35Speaker 2: fullness of the day the gun permitted. I was at
- 34:38Speaker 2: the Jackson County Sheriff's Department applying for a legal handgun
- 34:42Speaker 2: at the time, but they brought in a sergeant in Buffalo.
- 34:45Speaker 2: He was a prosecutor's witness who did not handle the
- 34:49Speaker 2: screening for that that was not his job, and he
- 34:51Speaker 2: testified this, yeah, this could have been mailed in, faxed in,
- 34:54Speaker 2: could have been brought in by somebody else, and so
- 34:57Speaker 2: he cast serious doubt of the fact that I would
- 35:00Speaker 2: have been at the Sheriff's department, when in fact he
- 35:03Speaker 2: was wrong. It couldn't have been brought in by someone
- 35:05Speaker 2: else because they require ID, it couldn't have been faxed
- 35:09Speaker 2: in because it would have had a fact number at
- 35:11Speaker 2: the top, and it couldn't have been mailed in because
- 35:13Speaker 2: the individual wouldn't know the accuracy of the mailing system
- 35:17Speaker 2: to be able to get that done. We had to
- 35:19Speaker 2: later find Susan Jordan, the lady who actually did process
- 35:25Speaker 2: that application, and she later testified in my appeals that
- 35:29Speaker 2: it indeed happened the way Ricky's legal team said it happened.
- 35:33Speaker 2: But back to the trial, this is the evidence that
- 35:36Speaker 2: we was able to put on, and unfortunately the jury
- 35:39Speaker 2: decided to side with the state.
- 35:41Speaker 1: And with the one guy who was far from credible
- 35:45Speaker 1: against all these people who were credible and whose stories
- 35:47Speaker 1: all matched up together. But okay, so now comes a
- 35:50Speaker 1: moment where the jury goes out. How long would they
- 35:54Speaker 1: out for?
- 35:55Speaker 2: I think an hour? Forty an hour?
- 35:57Speaker 1: Yeah? Wow, okay, so they come back after forty five
- 36:01Speaker 1: minutes to an hour. Did you still hold out any hope?
- 36:04Speaker 2: I thought that I was going home still. I just
- 36:07Speaker 2: did not believe, even through all what I was saying,
- 36:10Speaker 2: I did not believe that innocent people go to prison.
- 36:14Speaker 2: The judge told them to all rise. The verdict was
- 36:17Speaker 2: read that it was guilty. It was guilty on all counts.
- 36:21Speaker 2: Just imagine, because many of us have not lived through
- 36:24Speaker 2: an earthquake. I have not, at least not the type
- 36:27Speaker 2: of earthquake I'm talking about that's underneath the earth. But
- 36:31Speaker 2: it felt like an earthquake. It just I felt my
- 36:34Speaker 2: knees buckling, I felt my body shaken, and everything slowed down.
- 36:39Speaker 2: And when they started seeing life without the possibility, tears
- 36:46Speaker 2: were so intense streaming down my face that I could
- 36:49Speaker 2: not see. I fell to my seat and I sobbed.
- 36:53Speaker 2: I sobbed so hard, it was so loud, my nose
- 36:57Speaker 2: was rhyming. Every part of my fiber in my being
- 37:01Speaker 2: was devastated. So off the prison I went March twenty fourth,
- 37:22Speaker 2: nineteen ninety seven, Potosi Correctional Center, Maximum level five prison
- 37:27Speaker 2: here in the state of Missouri, where they housed death
- 37:29Speaker 2: row inmates, and I remember getting off that bus, shackled
- 37:32Speaker 2: to about half a dozen to a dozen of other individuals,
- 37:36Speaker 2: and the officer greeting us with a salutation of gentlemen,
- 37:39Speaker 2: welcome to hell. In hell, it was the cold stairs,
- 37:43Speaker 2: the whistles, the stale environment. I did not know how
- 37:47Speaker 2: I was gonna survive. I did not have a friend,
- 37:50Speaker 2: an uncle, a brother. I did not know a person
- 37:54Speaker 2: in prison. And so these fifteen hundred men, most of
- 37:58Speaker 2: them on the yard, it was recreation. I'm thinking, uh,
- 38:02Speaker 2: I'm in trouble. So I had to think real fast.
- 38:05Speaker 2: I know, I didn't have the muscle that these other
- 38:08Speaker 2: individuals have. I didn't have the friends and the click
- 38:12Speaker 2: that these other individuals would run with. I just had myself.
- 38:15Speaker 2: One of the first things I did was not play tough,
- 38:18Speaker 2: as to not to invite trouble and to really use
- 38:21Speaker 2: my head. When I saw lures and traps of you know,
- 38:24Speaker 2: come over here, meet me over here, I would decide
- 38:26Speaker 2: not to. I did meet a couple of friends early on.
- 38:29Speaker 2: Our associates who seem to be good guys who made
- 38:33Speaker 2: bad decisions, saw the goodness in me and pulled me
- 38:35Speaker 2: up earlier and gave me the five or six seven
- 38:38Speaker 2: pointers to avoid to make sure that I can have
- 38:41Speaker 2: a successful bit that I could do this time with
- 38:44Speaker 2: as little amount of trouble as possible. I saw violence,
- 38:48Speaker 2: I saw assaults, I saw stabbings. I mean, you name it,
- 38:51Speaker 2: I saw it, and I just would use my head.
- 38:54Speaker 2: I would often tell myself intelligence over emotion, so I
- 38:57Speaker 2: would try not to respond emotionally, even when I was
- 39:00Speaker 2: being punked. A couple of times, which they were call
- 39:02Speaker 2: punk punked out of my seat, told to get up
- 39:05Speaker 2: from having breakfast because this was they table, but they
- 39:09Speaker 2: were sitting at the table over the day before. They
- 39:12Speaker 2: said well, we want this table today, and so you're
- 39:15Speaker 2: forced to either confront that or get up and stand
- 39:19Speaker 2: by the island where you get your trade from and
- 39:21Speaker 2: eat at the island. I did that for a couple
- 39:23Speaker 2: of days until a couple again be good friends came
- 39:26Speaker 2: or associated came and said no, you could sit at
- 39:29Speaker 2: our table. Overall through the twenty three years, it was
- 39:32Speaker 2: my faith that I survived off of. It was the
- 39:36Speaker 2: idea that I was innocent that I survived of. It
- 39:40Speaker 2: was the idea my family who I left behind, my kids,
- 39:44Speaker 2: who I left behind. I wanted to commit suicide. I
- 39:46Speaker 2: contemplated suicide on many occasions, but what halted those actions
- 39:51Speaker 2: and behavior was seeing my family on the outside, still
- 39:55Speaker 2: needing me and wanting me to be there. There's less
- 39:58Speaker 2: than a one percent chance ever been successful on appeal
- 40:01Speaker 2: when you're fighting wrong for convictions and people will tell
- 40:04Speaker 2: me to give it up, Ricky, it's a one percent chance,
- 40:07Speaker 2: And I say, yeah, but you didn't say there was
- 40:08Speaker 2: a no percent chance. So I did not want to
- 40:12Speaker 2: understand as much how the ninety nine percent loss. I
- 40:15Speaker 2: wanted to understand more of how did the one percent win?
- 40:18Speaker 2: And that's what I would be guided by for those
- 40:20Speaker 2: twenty three years until we was successful in becoming among
- 40:25Speaker 2: that one percent and winning.
- 40:27Speaker 1: Wow, there was absolutely no you had a much better
- 40:30Speaker 1: than one percent chance of being killed while you're in prison. Yeah,
- 40:33Speaker 1: it's a miracle that you never did decide to take
- 40:35Speaker 1: your own life, as so many people do in those facilities,
- 40:38Speaker 1: wrongfully convicted or even people who were not wrong, convicted,
- 40:41Speaker 1: but you stood strong. Somehow or other, you found the
- 40:46Speaker 1: will to live, to learn, and to fight, and fight
- 40:52Speaker 1: you did, and fortunately you were able to get the
- 40:56Speaker 1: attention of the people that could help you. And of
- 40:58Speaker 1: course now I'm talking about the Midwest Innocence Project. Oh yeah,
- 41:03Speaker 1: because Tricia Bushnell. I mean google this, google her because
- 41:10Speaker 1: if you, I think, if you look up, doesn't fuck around,
- 41:14Speaker 1: you know, hers might be one of the first names
- 41:16Speaker 1: that comes up. I mean, when she gets involved, this
- 41:20Speaker 1: is when things can really turn. And I encourage people
- 41:23Speaker 1: to join me in supporting the Midwest Innocence Project. They
- 41:27Speaker 1: are one of the oh yeah, best in the country,
- 41:30Speaker 1: best in class. Will put a link in the bio
- 41:33Speaker 1: of the episode where people want to donate. So Tricia
- 41:35Speaker 1: bush down racial Western.
- 41:37Speaker 2: Oh yeah, I'm a professor. Sean O'Brien, who was also
- 41:39Speaker 2: a great part of the legal team, often led the
- 41:41Speaker 2: legal team.
- 41:42Speaker 1: Like the freaking Avengers came in right, and yeah it's
- 41:47Speaker 1: a miracle that they did.
- 41:48Speaker 2: I lost eleven times before I won my very last appeal.
- 41:52Speaker 2: Appeal after appeal after appeal, everyone is good as the
- 41:56Speaker 2: next during the appeals process that whole twenty three years,
- 42:00Speaker 2: my lawyer stayed on this guy, Richard Harris, and they
- 42:03Speaker 2: was successful in being able to get this witness to
- 42:08Speaker 2: expose his lies. I mean, riddle, riddle, every time they
- 42:12Speaker 2: talked to him it was something different, and they said, Ricky,
- 42:14Speaker 2: we got him. He comes to court and any blind
- 42:18Speaker 2: jurists a judge will be able to see that this
- 42:21Speaker 2: guy is not credible and that the conviction should not stand,
- 42:24Speaker 2: particularly since your conviction was solely based on this loan
- 42:28Speaker 2: eyewitness testimony. And so my final appeal, that twelfth appeal,
- 42:34Speaker 2: in April of twenty nineteen, this Richard Harris came to court.
- 42:37Speaker 1: So you're at this hearing, Richard Harris is getting ready
- 42:40Speaker 1: to be torn to shreds by your well dream team,
- 42:44Speaker 1: and then something totally unexpected happens.
- 42:46Speaker 2: We was prepared to just show all the inocuracies and
- 42:51Speaker 2: straight out lives. We had a chart fifteen inconsistencies, eight
- 42:55Speaker 2: straight out lies, and we had the chart to match
- 42:58Speaker 2: on this page and this deposition, and he was toast.
- 43:02Speaker 2: But before we can really even get to that, he
- 43:05Speaker 2: had a conscious and he came clean. He testified that
- 43:08Speaker 2: he lied and that it wasn't me. He testified that
- 43:13Speaker 2: he knew it was the good Speeds and that he
- 43:17Speaker 2: picked me because there was no harm. But if he
- 43:20Speaker 2: identified the good Speeds, they would come after him and
- 43:23Speaker 2: get him. So he was willing to lie. When the
- 43:26Speaker 2: state attorneys general tried to get up and rehabilitate his testimony,
- 43:31Speaker 2: Richard Hare, it was in the movies.
- 43:32Speaker 1: It's like a movie.
- 43:34Speaker 2: He snapped, I'm sick of this. You're not scaring me.
- 43:38Speaker 2: I'm not scared of you anymore. And he stood up
- 43:40Speaker 2: to Hi, I'm doing the right thing today and I'm
- 43:42Speaker 2: adding some words in, but it was it was a flare.
- 43:46Speaker 2: Everybody in the courtroom was looking, including the judge. He's
- 43:49Speaker 2: innocent and y'all should let him go now. I'm done
- 43:52Speaker 2: with this. And he began to break down and cry
- 43:55Speaker 2: and he looked over at me and he said, I'm sorry,
- 43:58Speaker 2: I'm sorry, I'm so sor and he got up and
- 44:01Speaker 2: rate didn't even get dismissed from the witness box, and
- 44:04Speaker 2: he just got up and ran out of the courtroom.
- 44:06Speaker 1: So wow, that is super dramatic. And by the way,
- 44:11Speaker 1: it's hard not to think about the fact that this
- 44:14Speaker 1: guy who led a hard life, I'm sure, and you know,
- 44:19Speaker 1: had to stay alive that almost quarter century man or
- 44:23Speaker 1: he finally came clean. If he would have died or man,
- 44:27Speaker 1: you know, or something else happened to him, or become
- 44:29Speaker 1: incapacitated somehow, or moved away where they couldn't find him,
- 44:33Speaker 1: then you would be still in prison now and for
- 44:35Speaker 1: the rest of your life. It all hung on that
- 44:37Speaker 1: little thread, right, Yeah, it.
- 44:39Speaker 2: Is a very strong likelihood. Yeah, yeah, And I was
- 44:42Speaker 2: always nervous about that. Fortunate for me in our legal team,
- 44:47Speaker 2: that wasn't the case and we didn't have to suffer
- 44:49Speaker 2: such a devastating blow.
- 44:51Speaker 1: And in the end, Judge Atkins ruled that the evidence,
- 44:55Speaker 1: and this is a direct quote from the judge, established
- 44:58Speaker 1: his innocence from multiple as end quote, Mike Drop. The evidence,
- 45:03Speaker 1: he said, showed that you were not involved, that your
- 45:05Speaker 1: alibi was truthful, and that the inescapable conclusion was exactly
- 45:10Speaker 1: what was known from the very beginning, which was that
- 45:13Speaker 1: Briant and Bridges were murdered by the good Speeds and
- 45:15Speaker 1: by Merrill.
- 45:16Speaker 2: When I got the legal call, there was an indication
- 45:18Speaker 2: that the judge was going to rule in our favor
- 45:22Speaker 2: just by the questions he was asking both parties as
- 45:24Speaker 2: he was preparing his ruling. The emails he would send them.
- 45:28Speaker 2: He has to send it to both sides, and so
- 45:30Speaker 2: we was reading the tea leaves. If he was going
- 45:33Speaker 2: to say no, he wouldn't be asking us for this.
- 45:35Speaker 2: If he was going to say yes, he would be
- 45:37Speaker 2: asking us for this. He's asking us for this. But
- 45:39Speaker 2: we never fully knew, and so I was working out
- 45:42Speaker 2: that day. On August fourteenth, twenty nineteen, they said, you
- 45:46Speaker 2: have a legal call. I called my lawyers and Trisha
- 45:49Speaker 2: and Rachel was on that phone. When two or more
- 45:52Speaker 2: lawyers on the phone, it usually has been bad news.
- 45:56Speaker 2: Only talked to one when it's just an update or
- 45:58Speaker 2: some brief. So I did not know, oh, what's going here.
- 46:02Speaker 2: And so they was like, hey, buddy, how's it going.
- 46:04Speaker 2: And sometimes they'll do that too to prepare me for
- 46:07Speaker 2: the shocking news or the bad news. And I said,
- 46:09Speaker 2: I'm doing five. I said, tell me what's going on?
- 46:11Speaker 2: They said, well, hold on, let me get the rest
- 46:13Speaker 2: of the lawyers on the phone as well. That made
- 46:15Speaker 2: me kind of feel up beat. I said, the rest
- 46:17Speaker 2: of the lawyers. She said, yeah, we're waiting for Cindy,
- 46:19Speaker 2: Cindy Dodge and Sean O'Brien. I said, oh, this is
- 46:22Speaker 2: good news in my mind. And so they all got
- 46:24Speaker 2: on the call, all four of them, me and nobody
- 46:27Speaker 2: wanted to lead, so I just I said, hey, somebody
- 46:31Speaker 2: tell me please, what's going on? And Sean O'Brien said, Ricky,
- 46:36Speaker 2: you know what's going on? And Cindy Dodge broke out,
- 46:39Speaker 2: You're free. You're a free the judge has ordered you
- 46:42Speaker 2: to go free. You're free, Ricky, and I just started crying.
- 46:46Speaker 2: I just started crying the whole twenty minutes. They was
- 46:49Speaker 2: telling me everything that was gonna happen next and I
- 46:52Speaker 2: didn't hear none of it. I didn't hear that of it.
- 46:55Speaker 2: I was crying so hard. But it was a whole
- 46:59Speaker 2: different type of crime, Jason, and that was the highlight.
- 47:03Speaker 2: That was the highlight of my twenty three year roll
- 47:05Speaker 2: for conviction, knowing that that was the day that I
- 47:08Speaker 2: was about to be Freekin, that's.
- 47:10Speaker 1: A beautiful, beautiful thing. What a beautiful description of an
- 47:13Speaker 1: incredible moment, and what a profound experience for those lawyers
- 47:17Speaker 1: and for lawyers who are listening. We had a lot
- 47:18Speaker 1: of lawyers that listen to this show. Shout out to
- 47:21Speaker 1: all of you and if any of you were thinking, hey,
- 47:23Speaker 1: I've been thinking about taking a pro bono case, you
- 47:25Speaker 1: know what, let's go because there's a lot of rickey
- 47:29Speaker 1: kids out there, and I'm sure you know where some
- 47:31Speaker 1: of them are too ricky. And if people want to
- 47:33Speaker 1: if people want to reach out to you, how can
- 47:35Speaker 1: they contact you? If they do want to get in
- 47:37Speaker 1: touch with you for it any number of reasons. You
- 47:40Speaker 1: have an email or something else or Instagram I do.
- 47:43Speaker 2: I have a website Resiliencemode dot com, where they can
- 47:48Speaker 2: find me there. I also have a link tree with
- 47:50Speaker 2: a bunch of stuff that they can get a quick
- 47:52Speaker 2: glance at who I am, what I've been up to.
- 47:54Speaker 1: We'll put a link into the episode bio of if.
- 47:57Speaker 2: I could just say I actually went from being a
- 47:59Speaker 2: client of the Mid Innocence Project, I'm now in a
- 48:02Speaker 2: colleague of Chrisia bush Nil. I love Tricia bush Neil.
- 48:05Speaker 2: I am our community engagement manager. I've also been elevated
- 48:10Speaker 2: through my work to serve on the Innocence Network Executive Board.
- 48:14Speaker 2: I'm on the District Attorney's Advisory Board here in Kansas City,
- 48:19Speaker 2: and I just was recently assigned to the X Hoonery
- 48:22Speaker 2: Policy Council up in New York with Rebecca Brown and
- 48:26Speaker 2: Olivia Bournes, and so I went from being underneath the
- 48:30Speaker 2: problem to trying to be a part of the solution.
- 48:33Speaker 2: I speak all across the country sharing my cautionary tale.
- 48:37Speaker 2: I just started training prosecutors last year, last October. We're
- 48:42Speaker 2: planning to take that and expand it even more where
- 48:45Speaker 2: other prosecutors could learn the pitfalls of wrongful convictions and
- 48:49Speaker 2: have some proximity to innocence. A lot of prosecutors do
- 48:52Speaker 2: not have proximity to innocence, and we want them to
- 48:55Speaker 2: have that experience with the idea that perhaps it would
- 48:58Speaker 2: influence or change their opinion as to how they do
- 49:02Speaker 2: business when it comes to these cases that come before them.
- 49:06Speaker 2: So I'm happy to be home, and I love collaborating,
- 49:10Speaker 2: and you could just reach out and say hey, let's
- 49:12Speaker 2: collab I'm always open to that. So I'm very passionate
- 49:15Speaker 2: about this work.
- 49:16Speaker 1: Incredible. Well, I know I speak for everyone in our
- 49:20Speaker 1: audience and our staff on our team here, Wrong for
- 49:23Speaker 1: Conviction Podcasts and the whole Lava for Good team and
- 49:27Speaker 1: everyone in the instance move. Just wishing you every blessing
- 49:31Speaker 1: in the world. It is inspiring to see you doing
- 49:34Speaker 1: what you're doing. So now we turn to our closing
- 49:37Speaker 1: of the show, which is appropriately called closing Arguments. This
- 49:41Speaker 1: is the part where I turned my microphone off, kick
- 49:46Speaker 1: back in my chair with my headphones on, turn the
- 49:49Speaker 1: volume up a little bit, and just listen to anything
- 49:52Speaker 1: else you want to share with me and our incredible audience.
- 49:55Speaker 2: Yeah, I appreciate that, Jason, First and foremost special shout
- 50:01Speaker 2: out to the entire Like you said, the entire Roleful
- 50:04Speaker 2: Conviction podcast team who's doing this work raising awareness about
- 50:08Speaker 2: wrongful convictions is so important. We need this podcast. The
- 50:14Speaker 2: world need this podcast one hundred percent because people are
- 50:16Speaker 2: not aware enough about the issues surrounding roleful convictions. That
- 50:21Speaker 2: has become my life work. Since I came home. I
- 50:24Speaker 2: hit the ground running, raising my voice for those who
- 50:26Speaker 2: is voiceless to raise awareness about wrongful convictions. I've testified
- 50:30Speaker 2: before policymakers twice again, participating in various councils, committees, executive boards,
- 50:37Speaker 2: social media. I quickly learned how to use social media
- 50:40Speaker 2: and began to create content that was designed to raise awareness.
- 50:44Speaker 2: I've been to twenty fourth state since I've been home.
- 50:46Speaker 2: In three years. As we travel across the country, what
- 50:48Speaker 2: I'm constantly learning is people are not aware of wrongful convictions.
- 50:54Speaker 2: They have not heard enough about the issue. Anytime we
- 50:58Speaker 2: get to get in this space actually educate ourselves about
- 51:02Speaker 2: the different type of issues surrounding wrongful convictions, the different
- 51:05Speaker 2: type of cases surrounding wrongful convictions, and any time we
- 51:08Speaker 2: can leave, hopefully today the audience will leave feel un inspired,
- 51:12Speaker 2: moved and motivated to do more, to get more involved
- 51:16Speaker 2: than we're doing our job, and we get to do
- 51:18Speaker 2: it together. So that's what I would say to the audience,
- 51:21Speaker 2: and once again, thank you Jason Connor the rest of
- 51:23Speaker 2: the team for having this platform that we can come
- 51:26Speaker 2: on here and then we get to educate and inspire together.
- 51:37Speaker 1: Thank you for listening to Wrongful Conviction. I'd like to
- 51:40Speaker 1: thank our production team Connor Hall, Jeff Cliburn, and Kevin Wardis.
- 51:44Speaker 1: With research by Lyla Robinson. The music in this production
- 51:47Speaker 1: was supplied by three time OSCAR nominated composer Jay Ralph.
- 51:51Speaker 1: Be sure to follow us on Instagram at Wrongful Conviction,
- 51:54Speaker 1: on Facebook at Wrongful Conviction podcast, and on Twitter at
- 51:58Speaker 1: wrong Conviction, as well as at Lava for Good on
- 52:01Speaker 1: all three platforms. You can also follow me on both
- 52:04Speaker 1: TikTok and Instagram at it's Jason flam Ravel Conviction is
- 52:09Speaker 1: the production of Lava for Good podcast and association with
- 52:11Speaker 1: Signal Company Number one