Latest / Wrongful Conviction / #384 Jason Flom with Stephanie Spurgeon
Transcript
- 0:00Speaker 1: In January of twenty twenty two, we brought you the
- 0:03Speaker 1: story of Stephanie Spurgeon. It's a shaken Baby syndrome story,
- 0:06Speaker 1: and she was joined by her attorneys, Seth Miller of
- 0:09Speaker 1: the Innison's Project of Florida as well as Alison Miller
- 0:12Speaker 1: no relation, who recently ran for Florida's state attorney. But
- 0:15Speaker 1: before we share her story again, we first wanted to
- 0:19Speaker 1: share a recording of when we caught up with Stephanie
- 0:21Speaker 1: at the twenty twenty three Innocence Network Conference in Phoenix, Arizona.
- 0:26Speaker 1: For those who are not familiar with this event, it's
- 0:28Speaker 1: an annual gathering of the innocence community from all over
- 0:31Speaker 1: the country ex houonnaies, attorneys, advocates, and folks like us
- 0:36Speaker 1: from Lava for Good Podcasts. So Stephanie sat down with
- 0:39Speaker 1: us for a chat and I'm going to let her
- 0:41Speaker 1: fill you in on what she's been up to here
- 0:45Speaker 1: at the Innocence Network Conference with one of my favorite humans,
- 0:48Speaker 1: Stephanie Spurgeon. And I'm sure everybody's wondering that what are
- 0:53Speaker 1: you up to now? Besides smiling and walking around making
- 0:56Speaker 1: everybody happier.
- 0:57Speaker 2: I'm absolutely enjoying freedom We've spent a lot of time
- 1:01Speaker 2: trying to just reconnect with everybody. It's been a lot
- 1:05Speaker 2: of years that were lost, so it's been really good
- 1:08Speaker 2: to kind of really make up family time. Also, I
- 1:11Speaker 2: advocated for Alison Miller, who was running for state attorney.
- 1:14Speaker 2: I've done some public speaking, which I absolutely love to do.
- 1:18Speaker 2: Recently I did Miami Andison's clinic in Boston College down
- 1:22Speaker 2: in Jupiter, Florida, and my daughter and I started our
- 1:25Speaker 2: own little podcast.
- 1:26Speaker 1: Huh.
- 1:27Speaker 2: It's called freedom Fighters, So you know it's we film
- 1:31Speaker 2: right there at our car.
- 1:33Speaker 1: I have a funny feeling we might be linking that
- 1:35Speaker 1: at our bio. So freedom fighter is a great name
- 1:37Speaker 1: for a podcast and I'm looking forward to hearing it myself.
- 1:41Speaker 1: It's gonna give me something good to listen to on
- 1:42Speaker 1: the plane. Very good.
- 1:44Speaker 3: It's very uncensored.
- 1:45Speaker 1: And do you I mean, I know you're a freedom
- 1:48Speaker 1: fighter and I know you get joy from helping other people,
- 1:51Speaker 1: both what do you do for yourself?
- 1:53Speaker 2: You know? Actually my main focus is I'm advocating for
- 1:57Speaker 2: Michael Giovo, who's wrongfully convicted in Florida as much like mine.
- 2:01Speaker 2: He was convicted in Florida and Penellas County. Doctor Sally
- 2:04Speaker 2: Smith was his expert, and he was convicted two months
- 2:07Speaker 2: after mine, and he has a life sentence.
- 2:09Speaker 1: That's the same quote unquote expert that helped to wrongfully
- 2:12Speaker 1: convict you.
- 2:13Speaker 2: That is correct. I was lucky enough. I work for
- 2:17Speaker 2: Keith Law Firm now, so I am working in the
- 2:19Speaker 2: legal industry. We primarily do civil law. But it gives
- 2:22Speaker 2: me a little bit more knowledge, more power to try
- 2:24Speaker 2: to be able to fight for him. So I'm hoping
- 2:26Speaker 2: maybe to develop some bills that won't maybe allow him
- 2:29Speaker 2: to get a second chance to her to have his
- 2:32Speaker 2: case hurt again.
- 2:33Speaker 1: Well, it's fantastic, and listen, you are a beacon of
- 2:36Speaker 1: light and you inspire me and all the rest of
- 2:40Speaker 1: us to work harder as s Marter. So just keep
- 2:43Speaker 1: on being you, you.
- 2:44Speaker 2: Know, thank you. It's a pleasure being here. Thank you.
- 2:49Speaker 1: As we wrapped up the interview, a kind of only
- 2:51Speaker 1: at the Innocence Network conference, moment happened. A woman named
- 2:55Speaker 1: Michelle Lopez approached us when she had heard Stephanie's story
- 2:59Speaker 1: back in jail twenty twenty two on this podcast. She
- 3:02Speaker 1: reached out to Stephanie over social media. Michelle's son, Trey Clay,
- 3:07Speaker 1: is currently enduring a similar nightmare in California, and Stephanie's
- 3:11Speaker 1: story brought some comfort to this grieving mother. And although
- 3:14Speaker 1: they had been in contact before, the conference was their
- 3:17Speaker 1: first chance to meet in person and kind of a
- 3:21Speaker 1: serendipitous encounter for all of us. We'll have the Justice
- 3:25Speaker 1: for Trey Clay Instagram account LinkedIn the bio, along with
- 3:28Speaker 1: some info about Michael Giovo's case and Stephanie's podcast Freedom Fighters,
- 3:33Speaker 1: and now, without any further ado, the incredible story of
- 3:37Speaker 1: Stephanie Spurgeon. Stephanie Spurgeon was a married mother of two
- 3:45Speaker 1: and a licensed childcare provider who had been running a
- 3:47Speaker 1: daycare facility from her home in Florida for fifteen years.
- 3:50Speaker 1: On August twenty first, two thousand and eight, one year
- 3:53Speaker 1: old Maria Harris spent her first day at Stephanie's daycare.
- 3:57Speaker 1: Maria's grandmother had picked up a sleeping Maria that day,
- 4:01Speaker 1: but soon after had noticed that Maria was unresponsive and
- 4:04Speaker 1: in distress. Ignoring other potential root causes and relying on
- 4:08Speaker 1: the junk science of shaken baby syndrome, doctors opined that
- 4:12Speaker 1: brain bleed and swelling were signs of child abuse, placing
- 4:16Speaker 1: blame on the brand new childcare provider, Stephanie Spurgeon, and
- 4:19Speaker 1: when Maria died seven days later, the charges were upgraded
- 4:23Speaker 1: to murder, but with the lack of external injuries, the
- 4:27Speaker 1: state changed its shaken baby theory, concocting a new narrative
- 4:30Speaker 1: in which Maria had been repeatedly struck against the soft surface.
- 4:34Speaker 1: The defense failed to pivot to this new theory, instead
- 4:38Speaker 1: presenting a shaken baby syndrome defense, and with the states
- 4:41Speaker 1: uncontested yet totally dubious soft impact theory, the jury found
- 4:46Speaker 1: Stephanie guilty of the lesser charge of manslaughter and sentenced
- 4:50Speaker 1: her to fifteen years in prison. With the help of
- 4:53Speaker 1: multiple innocence projects and a current candidate for state's attorney,
- 4:57Speaker 1: Stephanie was able to present the proper expert testimon This
- 5:00Speaker 1: proved the state's ludicrous soft impact theory, win a new trial,
- 5:04Speaker 1: and ultimately be set free after nine long years. This
- 5:10Speaker 1: is wrathful conviction. Welcome back to wrongful Conviction. Today's episode
- 5:27Speaker 1: is well, I'm going to be honest with you, it's
- 5:30Speaker 1: terrifying because this is a story that is both unique
- 5:36Speaker 1: and also somehow not uncommon, and it involves an innocent
- 5:41Speaker 1: woman working at a daycare center who got caught up
- 5:45Speaker 1: in the criminal legal system for no reason of her
- 5:48Speaker 1: own making. I'm going to introduce our incredible guest today
- 5:52Speaker 1: because we have three, including the woman who lived through
- 5:56Speaker 1: this nightmare herself, Stephanie Spurgeon. First, I'm going to introduce
- 6:00Speaker 1: are very distinguished group. Seth Miller is here. He's the
- 6:04Speaker 1: executive director of the Innocence Project of Florida. It does
- 6:07Speaker 1: incredible work day in and day out, pushing huge boulders
- 6:11Speaker 1: uphills of justice. So Seth, thanks for being here.
- 6:14Speaker 4: Thanks Jason thrilled to be here.
- 6:16Speaker 1: And with him and with us. Is Alison Miller no relation.
- 6:21Speaker 1: She is an attorney with Ripley Wisenhunt and is also
- 6:24Speaker 1: currently running for the State's Attorney Office of Florida, and
- 6:29Speaker 1: I hope people will support her because we need people
- 6:32Speaker 1: like you in positions like that. But for the time being,
- 6:35Speaker 1: we're happy to have you right where you are and
- 6:37Speaker 1: right here on the mic. So Alison Miller, welcome to
- 6:39Speaker 1: Ronfel Conviction. Thank you so much for having me and Stephanie.
- 6:43Speaker 1: What can I say? I feel like the whole human
- 6:45Speaker 1: race shows you a debt of gratitude for sharing your
- 6:48Speaker 1: story and for just being the strong, courageous woman that
- 6:52Speaker 1: you are. And I appreciate you being here. So Stephanie,
- 6:56Speaker 1: to you. Also, welcome to Ronfel Conviction.
- 6:58Speaker 2: Thank you, Jason. It's my pleasure sure.
- 7:00Speaker 1: And so Stephanie, this is the story that we've heard
- 7:03Speaker 1: time and time again where somebody like yourself is doing
- 7:06Speaker 1: you know, let's call it what it is, essential work.
- 7:09Speaker 1: Where would we be as a society without daycare centers?
- 7:13Speaker 1: The working world would grind to a halt. And yet
- 7:16Speaker 1: people like you too often end up in situations like
- 7:19Speaker 1: the one we're talking about today. I mean, it really
- 7:23Speaker 1: makes my heart hurt. But let's please take us back
- 7:26Speaker 1: before this incident happened in two thousand and eight. Can
- 7:28Speaker 1: you tell us what your life was like back then.
- 7:32Speaker 2: I was married for nineteen years and I had two
- 7:35Speaker 2: beautiful children. We had a beautiful life. We were a
- 7:38Speaker 2: well knit family. We did a lot of family vacations.
- 7:42Speaker 2: I was a licensing home daycare provider for fifteen years.
- 7:46Speaker 2: The parents that would come into my home, they became
- 7:49Speaker 2: part of my family, Their kids became part of my family.
- 7:53Speaker 2: We would celebrate holidays together and different things. It was
- 7:57Speaker 2: very fulfilling. I was able to work with children, I
- 8:00Speaker 2: was able to be at home with my own children.
- 8:03Speaker 2: I decided at one point to go into special needs children.
- 8:07Speaker 2: So I took lots of children that came in who
- 8:10Speaker 2: had speech issues or different disabilities, and I grew a
- 8:16Speaker 2: real hart for these kids because not a lot of
- 8:19Speaker 2: places would accept any special needs children. And then I
- 8:22Speaker 2: decided to branch off a little bit further and start
- 8:26Speaker 2: taking teenage parent children. So Esther Harris was actually the
- 8:32Speaker 2: very first teen mom that I took. She was seventeen
- 8:35Speaker 2: years old when I was introduced to her and Maria.
- 8:40Speaker 1: And so, not only are you taking care of other
- 8:42Speaker 1: people's kids, you're doing it in your own home, opening
- 8:44Speaker 1: your doors and your heart, and taking care of kids
- 8:47Speaker 1: who have issues with other people. Well might not want
- 8:50Speaker 1: to open their home too, or their hearts, right, I mean,
- 8:53Speaker 1: so this case, I'd like to say it happened a
- 8:56Speaker 1: long time ago, but it really didn't, right. I Mean,
- 8:59Speaker 1: it would feel a little bit better if it was
- 9:01Speaker 1: back before we had science evolved to a place that
- 9:05Speaker 1: it was at in two thousand and eight, which is
- 9:06Speaker 1: when this tragedy occurred, of course, and I said tragedy,
- 9:09Speaker 1: not crime. That's deliberate, because that's what it was. And
- 9:13Speaker 1: so Seth, do you want to set the stage for
- 9:15Speaker 1: us of what happened on that awful day and how
- 9:17Speaker 1: this became a criminal matter.
- 9:19Speaker 4: When I think about these cases when a child dies,
- 9:22Speaker 4: a lot of times the folks involved in trying to
- 9:25Speaker 4: figure out how that happened kind of go nutty. They
- 9:28Speaker 4: aren't able to take sober views of what might have
- 9:30Speaker 4: happened to that child. And that's what happened here in
- 9:33Speaker 4: this case. Stephie Spurgeon was running an in home daycare
- 9:36Speaker 4: at her home. It was better business Bureau rated, had
- 9:39Speaker 4: generations worth of children who come through the daycare who
- 9:42Speaker 4: really positive experiences, their families had positive experiences. And the child,
- 9:46Speaker 4: Maria Harris, was our first day at the daycare. And
- 9:50Speaker 4: yet on this day, this poor child was suffering from
- 9:54Speaker 4: what was clearly a distress, a medical situation.
- 9:57Speaker 2: When Maria's grandmother, Patricia came and picked her up that day,
- 10:01Speaker 2: Maria had been sleeping. So I reached into the pack
- 10:05Speaker 2: and play and I picked her up, and she kind
- 10:07Speaker 2: of stirred in my arms, and I passed her to Patricia,
- 10:10Speaker 2: and she stirred in Patricia's arms, and then Patricia took
- 10:13Speaker 2: her and placed her in the car and drove her home.
- 10:15Speaker 2: Thirty minutes later is when we got the phone call Maria.
- 10:20Speaker 2: I guess was deteriorating as she was sleeping, and I
- 10:23Speaker 2: was unaware that there was any issue because I simply
- 10:26Speaker 2: thought she was asleep.
- 10:28Speaker 4: At the end of the day, the child was growing up.
- 10:31Speaker 4: The child was crying and was clearly kind of lifeless
- 10:34Speaker 4: in a lot of ways, and called nine one one.
- 10:37Speaker 4: It took the child to the hospital and when they
- 10:39Speaker 4: were on the way to the hospital, they tested the
- 10:40Speaker 4: child's blood sugar and the child had a high four
- 10:43Speaker 4: hundreds of blood sugar. And I don't know if any
- 10:45Speaker 4: of y'all have diabetes or test your blood sugar regularly,
- 10:48Speaker 4: but that is four to five times the normal level.
- 10:51Speaker 4: So this child is in major distress. What they do
- 10:53Speaker 4: when they get the child to the hospital is they
- 10:56Speaker 4: realized after doing a number of tests on the child
- 10:58Speaker 4: that the child's suffering from a brain lead a subdural
- 11:01Speaker 4: hematoma and the child has brain swelling and that has
- 11:05Speaker 4: led to the child having retinal hemorrhages and instead of
- 11:09Speaker 4: treating the child for what looked like a diabetic situation,
- 11:13Speaker 4: a diabetic distress because the child had the subdual heemo tone,
- 11:17Speaker 4: because the child had this brain swelling and the retinal hemorrhages.
- 11:20Speaker 4: The doctors immediately assumed that this was an abusive situation
- 11:25Speaker 4: because they thought that this was the three ingredients, the
- 11:28Speaker 4: triad as they call it, cause by taking baby syndrome
- 11:31Speaker 4: or what is more commonly known now is abusive head trauma.
- 11:34Speaker 4: So that had a chance to try to treat this
- 11:36Speaker 4: child to maybe ameliorate or even prevent a bigger problem
- 11:40Speaker 4: or death, to treat this metabolic, this diabetic situation, but
- 11:44Speaker 4: instead they assumed it was abuse, and we were often
- 11:46Speaker 4: running taking a medical situation and elevating it to the crime,
- 11:50Speaker 4: and unfortunately, this child died seven days later.
- 11:53Speaker 1: The idea that this might have been prevented if they
- 11:57Speaker 1: just simply focused on the problem at hand, rather than
- 12:00Speaker 1: turning this into wild accusations of child abuse makes my
- 12:04Speaker 1: blood boil. I mean, and I think it's worth mentioning.
- 12:07Speaker 1: As we've covered extensively on our show Junk Science and
- 12:11Speaker 1: other episodes of Wrongful Conviction as well, just a general
- 12:15Speaker 1: overview of the theory of shaking baby syndrome or SBS now.
- 12:19Speaker 1: It was initially introduced as a hypothesis by British pediatric
- 12:23Speaker 1: neurosurgeon doctor Norman guth Kelch, who was trying to explain
- 12:27Speaker 1: a cause for inexplicable child deaths in which a child
- 12:31Speaker 1: or baby, toddler whatever had presented subdural hematoma otherwise known
- 12:35Speaker 1: as bleeding in the brain, retinal hemorrhage, so you know,
- 12:38Speaker 1: bleeding in the eyes and brain swelling or cerebral edemon Now.
- 12:42Speaker 1: Doctor Cuthkelch hypothesized that perhaps a typical method of scolding
- 12:46Speaker 1: a child in Great Britain at the time, giving the
- 12:48Speaker 1: child a good shake, maybe that was the cause for
- 12:51Speaker 1: unintended or unexplained child deaths in which this triad of
- 12:55Speaker 1: medical findings occurred. He never was able to prove this,
- 12:57Speaker 1: He just hypothesized it and caution parents against the practice. Understandably, however,
- 13:03Speaker 1: since that hypothesis, the criminal legal system just sort of
- 13:06Speaker 1: ran them up with this idea, right leaping to the
- 13:08Speaker 1: conclusion that any child presenting those symptoms, especially if there
- 13:13Speaker 1: was any other bruisings, had been fatally abused like sort
- 13:15Speaker 1: of one size fits all which is ridiculous, and that
- 13:18Speaker 1: the person less responsible for the child therefore must have
- 13:21Speaker 1: been the culprit.
- 13:22Speaker 3: And I think we as people understanding the inner workings
- 13:25Speaker 3: of the human mind, when bad things happen, we want
- 13:29Speaker 3: to be able to say there's someone or something responsible
- 13:32Speaker 3: for that bad thing happening. And so where there was
- 13:35Speaker 3: a legitimate science maybe at the inception, this idea has
- 13:40Speaker 3: been horribly bastardized to get convictions involving usually the death
- 13:46Speaker 3: of infants or toddlers, and Stephanie's case is a perfect
- 13:49Speaker 3: example of that, where there is legitimate scientific evidence that
- 13:54Speaker 3: this child was in medical distress that went ignored by
- 13:58Speaker 3: medical professionals because it is easier to say, oh, this
- 14:02Speaker 3: child must have been harmed.
- 14:04Speaker 1: Yeah, And it's worth noting that in recent years, as
- 14:06Speaker 1: doctors in larger and larger numbers, I've been challenging the
- 14:09Speaker 1: notion of shaking baby syndrome. They've identified, get this, over
- 14:13Speaker 1: eighty different preexisting conditions that can cause what they call
- 14:17Speaker 1: the triad of findings that were historically just attributed to
- 14:19Speaker 1: shaking baby syndrome almost automatically. Right, So the science is there,
- 14:24Speaker 1: but I mean, I wish I could say when the
- 14:27Speaker 1: criminal legal system is going to catch up, it's entirely
- 14:30Speaker 1: possible that it never will because science, let's face, it
- 14:33Speaker 1: looks forward, while the legal system only looks backward at precedent,
- 14:39Speaker 1: sort of the opposite. And so Stephanie, if you could
- 14:41Speaker 1: take us back to when you were arrested, what all
- 14:44Speaker 1: happened before the trial.
- 14:46Speaker 2: My first arrest was August twenty first, I was twenty second,
- 14:51Speaker 2: maybe two thousand and eight. I was arrested on aggravated
- 14:54Speaker 2: child abuse. I went to Neells County Jail. I was
- 14:58Speaker 2: housed in a solitaire cell because of course my face
- 15:02Speaker 2: was on the news, and I was able to bond
- 15:04Speaker 2: out the next day. I think it's important to say
- 15:07Speaker 2: my bond was fifty thousand dollars, and my parents got
- 15:11Speaker 2: an attorney for me, which was fifty thousand dollars, So
- 15:15Speaker 2: right away we're in the hole. I came home and
- 15:20Speaker 2: was unable to have a daycare. Of course, so I
- 15:23Speaker 2: had no income, so that became an issue immediately. Maria
- 15:28Speaker 2: passed away seven days later. I was rearrested six weeks later,
- 15:32Speaker 2: on November eighth, two thousand and eight, on capitol felony
- 15:37Speaker 2: murder I had just taken my son to his bus
- 15:41Speaker 2: stop in the morning, and when I came back home,
- 15:43Speaker 2: I put up in a driveway like three squad cars
- 15:47Speaker 2: surrounded me, and everybody come racing out, screaming and yelling,
- 15:51Speaker 2: and put me in cuffs and put me in the
- 15:52Speaker 2: back of the cruiser and took me back to County Jail.
- 15:56Speaker 2: When they brought me in from booking that day, they
- 15:59Speaker 2: brought me straight to Solitaire cell in the lobby area,
- 16:04Speaker 2: and I could look out and see my face on
- 16:06Speaker 2: the news. And as I'm looking at my face on
- 16:08Speaker 2: the news, I'm looking at the other inmates that are
- 16:11Speaker 2: in there getting processed in, and they're all looking back
- 16:14Speaker 2: at me and that Solitaire cell. So it was a
- 16:17Speaker 2: very scary situation. There was a grand jury hearing, and
- 16:22Speaker 2: the attorney that I had that was fifty thousand dollars.
- 16:26Speaker 2: He wouldn't try a capital case, so we had to
- 16:28Speaker 2: hire another firm and they cost us one hundred thousand.
- 16:33Speaker 1: I ended up.
- 16:33Speaker 2: Getting indicted and then we moved for a bond hearing.
- 16:38Speaker 2: My bond hearing was successful, except it was three hundred
- 16:42Speaker 2: and fifty thousand dollars with an angle monitor and no
- 16:46Speaker 2: contact with any child in the age of twelve. I
- 16:50Speaker 2: thought there was no way that my family was ever
- 16:53Speaker 2: going to be able to come up with those kind
- 16:54Speaker 2: of funds because we had already spent so much. They
- 16:59Speaker 2: did come up with it. They fundraised, They drained all
- 17:03Speaker 2: of your savings, accounts, everything, and one night, on January
- 17:08Speaker 2: twenty sixth, two thousand and nine, after I think eighty
- 17:11Speaker 2: nine days in a solitaire cell, I was released at
- 17:14Speaker 2: two am, so I was able to come home and
- 17:17Speaker 2: wake both of my kids up. My daughter and I
- 17:20Speaker 2: ended up sitting on the front porch in a rocking
- 17:23Speaker 2: chair and watch the sunrise together. It was very hard
- 17:26Speaker 2: to sleep because I kept thinking I was going to
- 17:29Speaker 2: wake up and be back in there. The nightmare would
- 17:31Speaker 2: be there again.
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- 18:28Speaker 4: There were signals even before the trial that the state
- 18:32Speaker 4: was going to move away from a shaken baby syndrome diagnosis.
- 18:35Speaker 4: The real issue in this case is that we had
- 18:37Speaker 4: these presentations in the brain and the skull, and the
- 18:41Speaker 4: doctors were used to saying, oh, this could only be abused,
- 18:44Speaker 4: it's shaking baby syndrome. The problem is these things are
- 18:47Speaker 4: normally associated with signs of abuse, external injuries, and this
- 18:51Speaker 4: child did not have a scratch or a bruis, or
- 18:53Speaker 4: not even a single mark on her. And so the
- 18:56Speaker 4: doctors are trying to figure out, well, how can we
- 18:58Speaker 4: make this abuse and explain away the fact that there's
- 19:01Speaker 4: no visual injuries.
- 19:02Speaker 1: On this child.
- 19:03Speaker 4: And this is how what they call the child abuse
- 19:06Speaker 4: pediatrician I'm using air quotes. She came up with the
- 19:09Speaker 4: theory that, well, the reason there's no injuries that are
- 19:12Speaker 4: apparent on the outside is because the child was slammed
- 19:16Speaker 4: repeatedly on a soft surface like a crib mattress.
- 19:20Speaker 1: So this case is nutty, right, because you don't see
- 19:24Speaker 1: it very often that the state changes their theory sort
- 19:28Speaker 1: of midstream, right, So then they came up with this
- 19:31Speaker 1: soft impact theory. But the crazy thing is it seemed
- 19:35Speaker 1: like her attorneys were defending a different theory than the
- 19:39Speaker 1: one that the state was trying to convict her on.
- 19:41Speaker 1: Am I mistaken about that? That's exactly right.
- 19:44Speaker 4: The defense attorney was very focused on shaking inmy syndrome.
- 19:47Speaker 4: And when I deposed this attorney in post conviction, I
- 19:50Speaker 4: asked him about cases that he had done previously, and
- 19:53Speaker 4: what I found out was that he had done a
- 19:55Speaker 4: series of shaking baby syndrome cases where he got favorable
- 19:58Speaker 4: results from his clients. So he had his pat experts
- 20:02Speaker 4: in a formula for how he would approach these cases.
- 20:04Speaker 4: But he simply failed to learn his own case well
- 20:08Speaker 4: enough to know that he could not simply employ the
- 20:11Speaker 4: same formula that he employed in other cases where shaken
- 20:14Speaker 4: baby syndrome was a theory. Because not all cases are
- 20:17Speaker 4: the same, they're not creating equal In this case, the
- 20:19Speaker 4: state had already abandoned the shaking baby syndrome theory for
- 20:22Speaker 4: this seft impact theory, and so we're pressing long in
- 20:25Speaker 4: a case they get the biomechanical expert. They do the
- 20:28Speaker 4: thing that a lot of people don't do. They get
- 20:30Speaker 4: the right expert, they prepare that expert, but they prepare
- 20:33Speaker 4: them for the wrong theory. And there was this striking
- 20:37Speaker 4: moment in the trial where after the defense attorney sits down,
- 20:41Speaker 4: he thinks he's done a great job with the biomechanical expert.
- 20:44Speaker 4: And the first question the state asked the expert when
- 20:47Speaker 4: they get up is who told you that this was
- 20:49Speaker 4: a shaken baby syndrome case. It was a devastating moment
- 20:53Speaker 4: in the trial. And of course he could have put
- 20:55Speaker 4: his expert back up, got them to prepare all the calculations,
- 20:59Speaker 4: and he failed to do that because he just didn't
- 21:01Speaker 4: even understand his own case.
- 21:03Speaker 3: The State of Florida in their prosecution, if Stephanie relied
- 21:06Speaker 3: on one particular pediatrician that they frequently rely on. It's
- 21:10Speaker 3: so hard because these doctors and experts come in to
- 21:15Speaker 3: court couched with credibility and reliability, and especially in areas
- 21:20Speaker 3: like Vanillas and Pasco County where we've used the same
- 21:23Speaker 3: experts forever, it's hard helping whomever the FactFinder is, jurors
- 21:28Speaker 3: or judges to understand this is a misapplication of science.
- 21:33Speaker 3: And so you get doctors that come in and they
- 21:35Speaker 3: use words that we as average folks don't understand, and
- 21:40Speaker 3: it sounds like, well, it must be true. And then
- 21:43Speaker 3: at the end it's with the conclusion that this child
- 21:46Speaker 3: died as a result of intentionally inflicted abuse of trauma.
- 21:51Speaker 1: Yeah, so the deck is truly stacked against even someone
- 21:54Speaker 1: like Stephanie. Right, she gets swept under this title wive
- 21:57Speaker 1: of nonsense that comes from preconceived biases and notions and things. Right,
- 22:02Speaker 1: because someone sees her in the defendan's chair, they automatically
- 22:05Speaker 1: assume somebody who was there must have done something to
- 22:07Speaker 1: be there. Right, there's that you have to overcome. Then,
- 22:09Speaker 1: as you said, there's all the medical stuff. A guy
- 22:11Speaker 1: gets up there and reads his credentials sounds very impressive,
- 22:15Speaker 1: and then spouting these theories that most jurors are not
- 22:18Speaker 1: equipped to understand or unpacked. So they think they're doing
- 22:22Speaker 1: the right thing. And I've have empathy for them too
- 22:24Speaker 1: for making these mistakes. And Stephanie, you've lived through this,
- 22:27Speaker 1: So I want to get back to you. What was
- 22:29Speaker 1: this like from your perspective as a mom nineteen years married?
- 22:33Speaker 1: You know, upstanding citizen to say the least.
- 22:36Speaker 2: Well, Jason, I was absolutely devastating, to say the least.
- 22:40Speaker 2: I kept waiting for truth to prevail. I knew that
- 22:44Speaker 2: I didn't hurt Maria, so I knew that something would
- 22:49Speaker 2: eventually come to surface that would show what had happened.
- 22:53Speaker 2: It was terrifying, terrifying for me, It was terrifying for
- 22:56Speaker 2: my children, It was terrifying for my then husband. It
- 23:00Speaker 2: was awful, and in the end, it destroyed our whole family.
- 23:04Speaker 2: I got a divorce, went to prison, and my kids
- 23:08Speaker 2: grew up without their mom.
- 23:09Speaker 1: How old were the kids when this happened.
- 23:12Speaker 2: My son was twelve and my daughter was seventeen.
- 23:17Speaker 1: So, Stephanie, when the jury went out, can you tell
- 23:21Speaker 1: us what you were thinking at that time? Did you
- 23:24Speaker 1: think that finally this wrong would be righted and this
- 23:27Speaker 1: nightmare would come to an end.
- 23:29Speaker 2: I just kept thinking that eventually they would realize that
- 23:33Speaker 2: there's no way that I did this, That nobody heard Maria.
- 23:38Speaker 2: There had to have been something else. They jury deliberated
- 23:42Speaker 2: for twenty one and a half hours before they came
- 23:45Speaker 2: back with an acquittal of capital filmy murder, but a
- 23:48Speaker 2: guilty charge in manslaughter I heard a horrible noise from
- 23:55Speaker 2: behind me, and it was my son crying out. It
- 24:00Speaker 2: just felt like I was in a fog. I remember
- 24:04Speaker 2: mouthing I love you to my family before they alled
- 24:08Speaker 2: me out of a curtroom and put me back in
- 24:10Speaker 2: that solitarire cell. I got to prison, I was absolutely
- 24:25Speaker 2: terrified and had to learn very quickly how to adapt
- 24:29Speaker 2: In a maximum security prison. You have to always pay
- 24:32Speaker 2: attention to what's going around you, and you had to
- 24:35Speaker 2: kind of learn how to bob and weave between people.
- 24:39Speaker 2: You didn't want to draw any attention to yourself. It's
- 24:42Speaker 2: a very scary place. And not only is it scary
- 24:45Speaker 2: from the other inmates, but not all the officers are
- 24:48Speaker 2: on the up and up. The officers are also very scary.
- 24:52Speaker 2: So I got to prison, and naturally I was quite angry,
- 24:58Speaker 2: and I knew that if I I didn't do something
- 25:01Speaker 2: with my anger, I was just going to go down
- 25:03Speaker 2: a dark path. So I threw myself into learning about
- 25:08Speaker 2: my own case, and I got certified and became a
- 25:12Speaker 2: law clerk, which of course is how I met Amanda Brumfield.
- 25:16Speaker 2: We were co workers in the law library. We both
- 25:19Speaker 2: left the maximum security prison and we found ourselves at
- 25:22Speaker 2: a faith and character based war camp and that was
- 25:26Speaker 2: a much safer environment, albeit it did not have AC
- 25:30Speaker 2: so it was extremely excruciatingly hot. But I traded the
- 25:35Speaker 2: heat for the safety and I worked with Amanda in
- 25:39Speaker 2: the law library and we did everything we could for
- 25:41Speaker 2: other people in there, meanwhile, both learning each other's case
- 25:46Speaker 2: as well as our own case. And that's how I survived.
- 25:50Speaker 1: Yeah. I don't know where. I don't know where they
- 25:52Speaker 1: make people like you that find this sort of otherworldly strength, spirit, courage,
- 25:57Speaker 1: whatever you want to call it. But I'm just glad
- 25:59Speaker 1: you did. And I'm glad that Amanda Broomfield did as well.
- 26:02Speaker 1: I mean, she just recently joined us here on Rampel Convictions,
- 26:05Speaker 1: and yeah, I'm so freaking glad that you both found
- 26:09Speaker 1: the strength to pull through and be here.
- 26:12Speaker 2: Well. I had a good support system, Jason. I had
- 26:15Speaker 2: wonderful parents and my brother and my children, and they
- 26:18Speaker 2: made sure I had all of my needs because you know,
- 26:21Speaker 2: in prison they don't give you shampoo and deodor and
- 26:25Speaker 2: things like that. You have to buy these things. Thankfully,
- 26:28Speaker 2: I had an amazing support system that are still my
- 26:31Speaker 2: support system. And you know, it was very touching because
- 26:36Speaker 2: not only did I have a support system for my family,
- 26:39Speaker 2: but my clients and the childcare. All of my daycare
- 26:43Speaker 2: babies that I raised grew up and sent me checks
- 26:48Speaker 2: while I was in prison to help pay for whatever
- 26:51Speaker 2: I needed in there. So these daycare babies that I
- 26:53Speaker 2: raised were taken care of being while I was in prison.
- 26:57Speaker 1: Well that's full circle, isn't it. I mean, it's a
- 26:59Speaker 1: little bit of light in a miserable dark place and
- 27:03Speaker 1: speaks to your character as well. So Seth Allison, how
- 27:07Speaker 1: did this then eventually make its way to your desks?
- 27:12Speaker 1: And how did the process finally right itself?
- 27:15Speaker 4: You know what's unique I think about this case is
- 27:18Speaker 4: that it got to us so much earlier than a
- 27:21Speaker 4: lot of other cases. I've gotten guys out of prison
- 27:24Speaker 4: who have spent thirty or thirty five or over forty
- 27:26Speaker 4: years in prison, and once you find out about that
- 27:30Speaker 4: twenty or thirty years down the line, it's.
- 27:31Speaker 1: Very hard to rectify that.
- 27:33Speaker 4: It's a reclamation project that sometimes is beset with procedural
- 27:36Speaker 4: problems that doesn't really allow you to turn it around.
- 27:38Speaker 4: But here we were able to get in on the
- 27:41Speaker 4: initial post conviction motion, where you have all of the
- 27:45Speaker 4: potential claims available to you have no procedural problems. And
- 27:48Speaker 4: so we only did that because Stephanie wrote to us
- 27:51Speaker 4: almost immediately after her initial appeal was denied. And what
- 27:55Speaker 4: was interesting is that she had written to us. I
- 27:57Speaker 4: was litigating another case with Kate Json and we come
- 28:00Speaker 4: to find out that this other person's case, Amanda Brownfield,
- 28:04Speaker 4: and Stephanie were friends in prison, and that's kind of
- 28:06Speaker 4: how Stephanie got hooked up with us. I remember being
- 28:09Speaker 4: in the car driving home from a different prison visit
- 28:11Speaker 4: talking to Kate about Stephanie's application and saying, hey, you
- 28:15Speaker 4: want to do another one, and that was kind of like, yeah,
- 28:17Speaker 4: let's get it. This case has some crazy issues in it.
- 28:20Speaker 4: So what became clear to us is what we've already
- 28:22Speaker 4: talked about. The lawyer didn't use the biomechanical engineer that
- 28:26Speaker 4: he had at his disposal to rebut the state's soft
- 28:29Speaker 4: impact theory how this supposed abuse happened. What happens is
- 28:32Speaker 4: that juries are looking for an answer, and the prosecution
- 28:36Speaker 4: gave them an answer. It's incumbent upon the defense to
- 28:39Speaker 4: rebut that if you don't, your client's going to be convicted.
- 28:42Speaker 4: And So what happened here is that not only did
- 28:45Speaker 4: they not give them an answer, they put up another
- 28:48Speaker 4: expert who agreed that this was from violent trauma. So
- 28:51Speaker 4: the defense expert agreed is from violent trauma. And they
- 28:53Speaker 4: never went into any of them doing medical issues that
- 28:55Speaker 4: were very clear that existed.
- 28:57Speaker 1: So that was kind of where we focused.
- 28:58Speaker 4: Can we get the biomic anaut engineered to look at
- 29:00Speaker 4: the studies, do the calculations to prove that slamming on
- 29:03Speaker 4: a soft surface can't cause these injuries? And can we
- 29:07Speaker 4: talk to pediatric endochronologists, pediatric genesis, forensic pathologists or clinical
- 29:12Speaker 4: pathologists a neuroadiologists to look at all of this material
- 29:16Speaker 4: in the case and help us understand whether this could
- 29:18Speaker 4: even be trauma and if it wasn't trauma, could it
- 29:20Speaker 4: come from another underlying medical issue, particularly issue of related diabetes.
- 29:25Speaker 4: And when we were able to do that, what we
- 29:27Speaker 4: found out is that we had an expert, a biomechanical expert,
- 29:29Speaker 4: who was able to say with supreme confidence that this
- 29:32Speaker 4: slamming on a soft service could not have scientifically caused
- 29:35Speaker 4: this child's injuries because he did the preeminent study of
- 29:38Speaker 4: just this type of scenario and it proven that a
- 29:42Speaker 4: human of Stephanie's size can't create enough force to cause
- 29:46Speaker 4: those injuries in that child's brain without also causing massive
- 29:51Speaker 4: external injuries. Of course there were not, and so scientifically
- 29:54Speaker 4: they couldn't do that. Our experts together showed that this
- 29:58Speaker 4: was a situation where the child had a blood clot
- 30:01Speaker 4: in their brain. The blood clot in their brain caused
- 30:04Speaker 4: spillover bleeding into the brain because blood couldn't get out
- 30:08Speaker 4: of the brain back to the other parts of the body,
- 30:10Speaker 4: and that caused swelling in the brain, which caused the
- 30:12Speaker 4: retinal hemorrhages which caused this child's disease. And all of
- 30:15Speaker 4: this was caused by a thicking of the blood due
- 30:17Speaker 4: to a diabetic situation. And so we have this evidence now.
- 30:21Speaker 4: But the key was to show that the trial council
- 30:23Speaker 4: violated Stephanie's constitutional right to counsel and effective assistance of
- 30:27Speaker 4: that council by not bringing about all of this information,
- 30:30Speaker 4: all of which would prove that there was no crime
- 30:33Speaker 4: here and that this child died from a tragic a
- 30:36Speaker 4: medical situation that was just undiagnosed.
- 30:38Speaker 1: So that's what we did. What was it like, Stephanie,
- 30:41Speaker 1: when all of a sudden, you've got sort of the
- 30:43Speaker 1: dream team, right, I mean the Florida Innocence Project. Those
- 30:46Speaker 1: of us who work in the Innis's movement know that
- 30:48Speaker 1: the Florida in Project is held in the highest regard.
- 30:52Speaker 1: So when you got the letter or a call or
- 30:55Speaker 1: whatever it was saying that they were going to represent you,
- 30:58Speaker 1: what was that like?
- 31:00Speaker 2: It was a phone call from Seth at the Florida
- 31:02Speaker 2: Innocence Project and he patched through Kate Judson at that time,
- 31:06Speaker 2: she was with the Innocence Project of Wisconsin now with
- 31:10Speaker 2: the Center for Integrity and Forensic Science. And I also
- 31:14Speaker 2: had Josh Teffer, who is with the Exoneration Project out
- 31:18Speaker 2: of Chicago. So it was unbelievable to know that not
- 31:23Speaker 2: only did I manage to get one innocence project, but
- 31:26Speaker 2: I managed to get three projects all working. And I
- 31:30Speaker 2: guess I just kind of like threw up my hands
- 31:32Speaker 2: and was just like finally, finally, like I knew there
- 31:36Speaker 2: had to be something there, and finally somebody sounded.
- 31:40Speaker 1: Right, all of a sudden, you've got the literal dream
- 31:43Speaker 1: team on your side. And Allison, can you take us
- 31:46Speaker 1: through how you got involved in what eventually led to
- 31:50Speaker 1: Stephanie's freedom. I love this. This This is my favorite
- 31:52Speaker 1: part of the story.
- 31:54Speaker 3: So Seth, with Kate and Josh did that lengthy post
- 31:57Speaker 3: conviction hearing in front of Judge Burgess, which denied. They appealed,
- 32:01Speaker 3: and the Second District Court of Appeal overturned that denial
- 32:05Speaker 3: of the post conviction motion, finding Stephanie's original trial lawyers
- 32:09Speaker 3: to be ineffective. Seth and I have worked on a
- 32:11Speaker 3: number of different cases or just sort of floated in
- 32:14Speaker 3: the same circles myself at the trial court level and
- 32:17Speaker 3: set more in the post conviction world. I could remember
- 32:21Speaker 3: when Stephanie's case was overturned, Seth and I having this
- 32:25Speaker 3: meeting of the minds where he was like, you know,
- 32:27Speaker 3: myself and Kate and Josh obviously still want to be involved,
- 32:31Speaker 3: but we need somebody who does trial work. And I
- 32:34Speaker 3: was like, well, I would love to be involved. And
- 32:36Speaker 3: so that's when I got appointed. Was like, okay, we're
- 32:39Speaker 3: back for a new trial. And instead of the State
- 32:41Speaker 3: of Florida saying we concede, the state indicated it intended
- 32:46Speaker 3: to retry Stephanie, and so we were like, bring it,
- 32:49Speaker 3: y'all are prosecuting an innocent woman, and we're going to
- 32:53Speaker 3: embarrass you was the mentality that we had. It was
- 32:56Speaker 3: all new prosecutors, all new defense attorneys, and we were
- 33:00Speaker 3: gearing up for a battle. Frankly, to make a very
- 33:04Speaker 3: long story short, the state would not agree to not
- 33:08Speaker 3: go forward, but to bring an end to this for everyone,
- 33:13Speaker 3: the Harris family, Spurgeon family.
- 33:16Speaker 1: The state was.
- 33:16Speaker 3: Willing to accept what we call an Alfred please where
- 33:19Speaker 3: a defendant pleads guilty but is still exerting his or
- 33:22Speaker 3: her innocence, saying, I'm pleading guilty but because I believe
- 33:25Speaker 3: it's in my best interest to do so, not because
- 33:28Speaker 3: I'm legally admitting to doing what I'm accused of. And
- 33:32Speaker 3: I think we all felt like because of all the
- 33:34Speaker 3: shortcomings in the criminal justice system as they exist, the
- 33:37Speaker 3: over reliance on this pediatrician who doesn't seem to understand science,
- 33:41Speaker 3: I couldn't tell Stephanie there was no chance that a
- 33:45Speaker 3: jury would convict her again. Stephanie wanted her life back,
- 33:48Speaker 3: she wanted her family back, she wanted to be able
- 33:51Speaker 3: to put her toes in the ocean, and so for
- 33:53Speaker 3: everyone's sake, she agreed to enter this Alfred plea and
- 33:57Speaker 3: bring resolution to the case.
- 33:59Speaker 1: So look, no one could fall at you, Stephanie for
- 34:02Speaker 1: making the decision that you made. People make it all
- 34:05Speaker 1: the time. I can find a lot of faults in
- 34:07Speaker 1: the state for dangling that sword over your head again.
- 34:11Speaker 1: So when did you come home, Stephanie? And can you
- 34:14Speaker 1: tell us what it was like walking out into the
- 34:17Speaker 1: fresh air? Give us as much as you can.
- 34:20Speaker 2: Well, it was definitely hot. I had an entourage if
- 34:23Speaker 2: people out there along with Netflix. We're doing a series,
- 34:27Speaker 2: so everybody was filming. I got in the car and
- 34:30Speaker 2: the first thing they did was hand me a cell phone.
- 34:33Speaker 2: I didn't know what to do with it. I think
- 34:34Speaker 2: they were just so excited to finally give me some
- 34:37Speaker 2: piece of technology. And I went to Wahwahs. My kids
- 34:41Speaker 2: had always told me about Wahwahs. And when I walked in,
- 34:45Speaker 2: it was just so overwhelming, all the lights and all
- 34:48Speaker 2: the things to look at. And I know that probably
- 34:50Speaker 2: sounds so silly, but when you've been trapped inside for
- 34:53Speaker 2: so long, and I must look like I was from
- 34:56Speaker 2: outer space because my eyes are staring at the lights,
- 35:00Speaker 2: I'm sure my mouth was open. It was interesting. I
- 35:03Speaker 2: allowed Netflix to come home with me and film me
- 35:05Speaker 2: coming in and that was a really difficult thing to
- 35:09Speaker 2: allow them to film me at my most weakest, vulnerable
- 35:13Speaker 2: moment of happy tears. That I did allow it because
- 35:17Speaker 2: I wanted to help bring more knowledge when the series finally.
- 35:22Speaker 1: Does air, amen to that, and I think we all
- 35:25Speaker 1: who work in this field for those happy moments. So Stephanie,
- 35:30Speaker 1: you a top of all the other unspeakable treatment that
- 35:33Speaker 1: you had to endure, you also, as you mentioned, had
- 35:36Speaker 1: to spend a king's ransom, you know, to try to
- 35:39Speaker 1: defend yourself hundreds of thousands of dollars. You weren't a
- 35:42Speaker 1: rich person going into this. So we now have a
- 35:45Speaker 1: bigger support system. Right over one hundred thousand people who
- 35:47Speaker 1: are listening to your voice now. I'm sure many of
- 35:50Speaker 1: them would like to do something to help you if
- 35:52Speaker 1: they could. Is there some way for people to donate,
- 35:55Speaker 1: or is there anything else that you could think of
- 35:57Speaker 1: that they might be able to do.
- 35:58Speaker 2: I have a GoFundMe and I would appreciate anything that
- 36:03Speaker 2: anybody could do to help me get back on my feet.
- 36:05Speaker 2: I've been home a year now and really haven't been
- 36:09Speaker 2: able to build up a whole lot, so I would
- 36:11Speaker 2: appreciate that. Thank you, Jason, Yes.
- 36:13Speaker 1: And we will link to that in a bio of
- 36:15Speaker 1: our episode. So please take a moment right now. If
- 36:18Speaker 1: you're listening and you have something you can spare, please
- 36:21Speaker 1: go to the link in the bio and donate, and
- 36:23Speaker 1: we're going to join you in doing that and trying
- 36:26Speaker 1: to help make this next period of your life a
- 36:29Speaker 1: little bit less difficult. So now we turn to my
- 36:34Speaker 1: favorite part of the show, and everyone who's a regular
- 36:37Speaker 1: listener knows what to expect, and by that I mean
- 36:40Speaker 1: closing arguments, and for anyone who's new to this, closing
- 36:44Speaker 1: arguments works very simply. First, I once again think our
- 36:48Speaker 1: incredible guests today, Alison Miller, attorney and candidate for State's
- 36:54Speaker 1: Attorney in the State of Florida, Seth Miller, executive director
- 36:57Speaker 1: of the Florida Innocence Project and personal hero of mine,
- 37:01Speaker 1: and Stephanie Spurge in my new personal hero. And what
- 37:05Speaker 1: happens next is I turned my microphone off and leave
- 37:09Speaker 1: each of yours on so that you can share any
- 37:12Speaker 1: final thoughts that we haven't maybe covered yet, or anything
- 37:15Speaker 1: else you want to say. I'm just going to kick
- 37:17Speaker 1: back in my chair. Let's start with Seth and Allison
- 37:21Speaker 1: and then just hand the mic off to Stephanie and
- 37:24Speaker 1: she'll take us out.
- 37:25Speaker 4: So one of the things that I think about coming
- 37:27Speaker 4: out of these cases and working on others now is
- 37:29Speaker 4: how these things keep happening. We talked about it here,
- 37:31Speaker 4: and I wonder what we can do to prevent them
- 37:34Speaker 4: from happening in the future, and how we can end
- 37:38Speaker 4: what is like a cottage industry of medical fabrication, and
- 37:42Speaker 4: so that to me is the next step of this.
- 37:44Speaker 4: We should continue to get people out of prison who
- 37:47Speaker 4: are innocent, who put in prison for accidents or for
- 37:51Speaker 4: things that have medical causes that weren't even crimes at all.
- 37:54Speaker 4: This is the leading cause of wrongful conviction and women.
- 37:56Speaker 4: We have to also think about how we can prevent
- 37:58Speaker 4: it in the first place, and to be a change
- 38:01Speaker 4: in the medical community. If medical doctors are still being
- 38:04Speaker 4: trained every day in medical school to make the same
- 38:06Speaker 4: mistakes that the medical doctors in this case and other
- 38:09Speaker 4: cases have made, and to me, that's the next stage
- 38:12Speaker 4: of how do we prevent this and really just eradicate
- 38:15Speaker 4: this fabrication from the criminal legal system.
- 38:18Speaker 3: Jason, I want to echo what you said, is that
- 38:21Speaker 3: Seth and Stephanie especially are personal heroes of mine as well,
- 38:26Speaker 3: and Stephanie is part of the reason why I am
- 38:29Speaker 3: running for state attorney. If people like us don't do
- 38:32Speaker 3: this type of work, then nothing will ever change. People
- 38:37Speaker 3: have to be more involved in their local downbout elections,
- 38:41Speaker 3: whether it's called the district attorney or the state attorney.
- 38:44Speaker 3: We have to take ownership in what prosecution looks like
- 38:48Speaker 3: in our jurisdictions, or this sort of thing will continue
- 38:51Speaker 3: to perpetuate. And so, if elected state Attorney, I don't
- 38:55Speaker 3: intend to prosecute child abuse cases based exclusively on the
- 39:00Speaker 3: testimony of doctor Sally Smith. I've already enlisted people like
- 39:03Speaker 3: Seth and Kate understanding we're going to have to continue
- 39:06Speaker 3: prosecuting child abuse. Of course, everyone wants child abuse prosecuted,
- 39:10Speaker 3: but we need to do it with reliable forensic evidence.
- 39:12Speaker 3: And we have seen repeatedly in this jurisdiction at the
- 39:15Speaker 3: very least, that this pediatric is a danger and everyone
- 39:19Speaker 3: frankly seems willing to ignore it.
- 39:21Speaker 1: Stephanie closing arguments, well, I would.
- 39:24Speaker 2: Like to start by thanking Allison. I appreciate your confidence
- 39:28Speaker 2: in me coming into this. I also, of course have
- 39:31Speaker 2: to thank Seth the Florida Ennison's Project, Kate Judson from
- 39:35Speaker 2: the Center of Integrity and Forensic Sciences, Josh Teffer from
- 39:40Speaker 2: the Exoneration Project, all of their staff, the experts, and
- 39:44Speaker 2: all the law students. Because it took an army to
- 39:48Speaker 2: bring me home. And I'd also like to thank all
- 39:51Speaker 2: the people who donate and support organizations like this, because
- 39:56Speaker 2: if it wasn't for your support, people like me would
- 40:00Speaker 2: still be trapped behind those prison gates. I'd like to
- 40:04Speaker 2: urge law enforcement and medical staff to not assume abuse
- 40:10Speaker 2: when they see a triad of injuries, to not race
- 40:14Speaker 2: in emotionally charged and be more diligent. I hope that
- 40:20Speaker 2: my story brings awareness to shaking baby syndrome and abuse
- 40:25Speaker 2: and head trauma. I appreciate you allowing me to share
- 40:30Speaker 2: my story for the first time today. Thank you Jason, Thank.
- 40:39Speaker 1: You for listening to Wrongful Conviction. I'd like to thank
- 40:42Speaker 1: our production team Connor Hall, Justin Golden, Jeff Cliburn, and
- 40:46Speaker 1: Kevin Wardis, with research by Lyla Robinson. The music in
- 40:49Speaker 1: this production was supplied by three time OSCAR nominated composer
- 40:52Speaker 1: Jay Ralph. Be sure to follow us on Instagram at
- 40:56Speaker 1: Wrongful Conviction on Facebook at Wrongful Conviction podcast, and on
- 41:00Speaker 1: Twitter at wrong Conviction, as well as at Lava for Good.
- 41:04Speaker 1: On all three platforms, you can also follow me on
- 41:07Speaker 1: both TikTok and Instagram at it's Jason Flam. Wrongful Conviction
- 41:11Speaker 1: is the production of Lava for Good podcasts and association
- 41:14Speaker 1: with Signal Company Number one