Latest / Wrongful Conviction Podcasts / 520: #520 Jason Flom with Ivery Dorsey

Transcript

520: #520 Jason Flom with Ivery Dorsey · Wrongful Conviction Podcasts

• 00:00:03 Speaker 1: On July tenth, nineteen ninety four, a group of armed men invaded and robbed a suburban Houston crack operation. Of the four occupants of the home, one claimed to have hit until the assailants left. One was fatally shot, while the other two were injured but managed to escape. One of the surviving victims described an assailant, but couldn't make an identification for twelve years, at which point he finally picked out the photo of Ivory Dorsey, a guy he'd known since middle school who definitely didn't fit his description, but Ivory was sentenced to twenty years. Anyway, this is wrongful conviction. You're listening to Wrongful Conviction. You can listen to this and all the Lava for Good podcasts one week early and ad free by subscribing to Lava for Good Plus on Apple Podcasts. Welcome back to Wrongful Conviction, where we've got a case out of Houston, Texas where our guest languished in prison for over a decade after the assailant came forward and claimed responsibility, and the record still, by the way, is uncorrected. But luckily I guess yeah, I mean, you could say that he's at least out on parole and so Ivory, thanks for joining us today. 00:01:35 Speaker 2: Thank you for having us too. 00:01:37 Speaker 1: And with him is a Princeton graduate whose involvement began with the Making Xandery class, an undergraduate course that was originally started at Georgetown with our good friends Mark Howard and Marty Tankliff. It's now spread to Princeton, while Kennedy is continuing on her own righteous path to Harvard Law. Yeah you heard that right, So we hope this is the first of many many visits. 00:02:01 Speaker 2: Kennedy, welcome, Thank you so much. 00:02:05 Speaker 1: Now, Ivery, you grew up in Houston, right, so tell us about that. 00:02:09 Speaker 3: My mother, she was a single black woman. My sister like was ten years younger than me. No dad, typical life going on in the ghetto. She was heavily into drugs, bro She tried to go to work every day and still get high and have parties on the weekend. I can remember when I was a kid, my mother was on hair run. My mother would leave certain days and be gone two three days, and I would still fix my sister hair up, take her to school that I go to school. I'd be late every day for the first period, and they started asking questions and stuff like that, and I just lie to them, tell them, yeah, we move. I got to catch two buses to school, you know what I'm saying. Because I didn't want to give my mother up because my worst fear was being separated. 00:02:45 Speaker 1: So they hadn't moved. They lived at the Villa Americana apartment complex, which was otherwise known as the Bricks, which was notorious for poverty, violence and the police misconduct that can plague an area like that. So he'd lie for his mom to keep them together. 00:03:01 Speaker 2: I just wanted to protect her. But I was a kid. 00:03:03 Speaker 3: All I wanted to do is play baseball at that time and do music. I love hip hop, jazz, R and B. You know what I'm saying, Blues, zodico. My grandmother she used to always play pop and blues and different stuff like that, so she was like. 00:03:17 Speaker 2: My first DJ. 00:03:18 Speaker 3: And my grandfather ran a couple of clubs, so you know, they always had music banging in there and everything. But I was always around people playing records and I loved it that growing up. 00:03:28 Speaker 2: That was my go to place. 00:03:30 Speaker 3: Like when I was incarcerated, I drew, I wrote music, but that was my go to place to get away from the reality. But April the ninth, nineteen ninety three, my mother wind up down HIV man. I buried when I was like seventeen. I had to do what I had to do to survive. I started selling drugs, and you know what I'm saying, take care of me and my sister. At this time, I'm like homeless. And if I had a little work, like we call drugs back then I would be able to proper stair somebody house and do a little traffic while I could make me some money. 00:03:58 Speaker 1: Between his mother's death and the summer, he had two sons, one with a young woman named Tamika Houston, and at that time they were staying at the home of Lafonda Henry, which is where they were on the night of July tenth, nineteen ninety four, when, unbeknownst to them, across town, a blue car pulled up to a suburban home that operated as a drug house. 00:04:18 Speaker 4: So that night at five four to two six here in Dell Street, there were four men in the house. There was the decedent, mister Charles Monroe. There were Clifford Tyler and Willie Williams who were by the kitchen cutting each other's hair. And then there was Alton Brown who went by Bud and he was cleaning in a back room. Around eleven thirty, one of the neighbors, Cleveland Guite, heard the car door slam, which woke come up, so he looked outside. That's when four to six men break into the house. They kicked the door in and they start shooting immediately. Clifford Tyler and Willie Williams get hit with bullets while they run out the back door, but they live and Charles Monroe ends up dying from the gun shots. Alton Bud Brown hid in the closet while this was happening. His testimony is that he didn't see anything, but he heard these men ask Charles Monroe to show them where the drugs are. He takes them to the back room. Charles Monroe tussles the gun that's held by one of the men we later find out as mister Xavier Stevenson. While they tussle over the gun is when the gun goes off, and that's how Charles Monroe is fatally shot. 00:05:26 Speaker 1: And the major blood spatter was in the back room of the house. But oddly, Charles Monroe's body was found outside, which raises questions about Alton Bud Brown. 00:05:36 Speaker 3: If you look at the evidence, blood was all over the house and he was outside, so that showed you that Charles was trying to get some help. So that made me think that this guy was struggling and fighting for his life. And Bud, whatever his name is, I was wondering why he never Rander aid. 00:05:51 Speaker 4: To Ivory's point, there's still a lot of confusion and mystery around the exact incidents that took place in Alton Bud Brown. He was interviewed the one time, I believe after the incident, and he wasn't called to testify at trial. 00:06:08 Speaker 1: He said what he had allegedly just heard and that he hadn't seen any of the assailants. And according to Xavier Stevenson's Affidavid, the arm group left with a camquarder, a police scanner, and a cell phone. 00:06:21 Speaker 3: The next day, a knock came at the door, probably around ten some because I never forget because Price's right was on and that's when the female friend that I was staying with, she answered the door and she was like, it's black. I went outside and holler led him whatever, and that's when an Xavier Stevens was trying to sell me the phone, so I was like, at work, that's the first thing I asked, when I should have asked where you got it from. I used the phone just to call the house to hear the house phone ring. I didn't know she was gonna pick up the phone and work. I say what you want for and he was like twenty dollars? So I said where you get it from? So he was like, man, don't worry about all that, bro, Do you want it or not? And when his demeanor change, I was like, nah, I'm good. At that time, Comiske had up and he was acting to use the house phone because at that time we was hustling and we all had pages. So I was like, well, shit, he got a phone. He's trying to sail right now. 00:07:10 Speaker 1: Ivory's friend, Comiski Lockett ended up using the cell phone too, and was also later allegedly identified by Clifford Tyler, a guy I renewed from middle school. But first Tyler identified no one. 00:07:23 Speaker 4: So when he was first interviewed, this was July eleventh, nineteen ninety four, post surgery, so immediately the day after his statement was that there were more than one suspect, but he only saw one. The one suspect he saw was the first man through the door. He thinks the first suspect said something similar to give it up prior to starting shooting, but the suspects were shooting before they had a chance to react. His initial description was a blackmail, short and skinny in his thirties. 00:07:52 Speaker 3: Yeah, I was nineteen years old, he said. The guy was short, a dog African male. I was already like six' to, one brown, skin the same COLOR i am. Now they tried to make LIKE i was darker back. 00:08:03 Speaker 2: Then it was. Crazy now it just ain't, me. Man. 00:08:07 Speaker 3: LIKE a couple of days, later the female friend THAT i was staying, with she told me that a police call, here AND i say the police for? What you, Know i'm a drug, Dealer So i'm, like the hell the cops call here? 00:08:16 Speaker 2: For and she, like? 00:08:17 Speaker 3: Homicides something about a phone maybe that phone, dead old, boy trying to sell your dumb. 00:08:22 Speaker 1: Ass lafonda's home phone, record as well As ivory's, pager would prove that he was At lafonda's during the. Crime after, all that's how he made a, living, right he'd get paiged call back on the home phone and do. Business but, nevertheless the police must have been checking the cell phones, activity which led them to Call lafonda's home. 00:08:43 Speaker 3: PHONE i called the police station trying to see what the hell they was calling my house. 00:08:47 Speaker 2: For they was, like who are? You AND i was, Like Ivory. 00:08:51 Speaker 3: Dorser he called my house or such An it's like there was a murder of vegtigation were trying to see who had the. Phone and because he tell us, ANYTHING i, say, Man i'm not trying to get involved in. That did you just say, Somebody i'm trying to protect my. People i'm not finna get involved in. That so he was, like can you come down to the. STATION i, say come down to the. Station you already got my. 00:09:07 Speaker 2: Address you come over here and high limit my whole. Family gonna be him my. 00:09:10 Speaker 3: Lawyer it was, LIKE, yo need no. Lawyer we ain't trying to do all. That we just want to talk to. You you see if you know a couple of these guys that type of. Thing so he never, came never seen. 00:09:19 Speaker 1: Him and perhaps Since ivory wouldn't risk his and his family safety to further their, investigation they kept him in mind for a later. Date because this meant that he knew who had the cell phone, Right but he didn't hear any more about this investigation until over a year, later in which Time Clifford tyler viewed two. 00:09:38 Speaker 4: Lineups august twenty, fifth nineteen ninety, four the lead detective shows him a. Lineup that detective points to the guy in the second position and ask if he shot at, him to which Mister tyler responds that he never really got a good look at the. Suspects On august, eleventh nineteen ninety, five this is when Mister tyler's brought to the police station By Charles monroe's. Mother he was shown another photo. Lineup one of the photo lineups the lead, detective he, says point out the guy with the gold, tooth and so that's when Mister tyler points To, kamiski Because comiski is a man from the neighborhood who had a gold tooth at the. Time he, says he's half, shirts Mister lockett half. Shirts not because it happened so, quickly so. 00:10:22 Speaker 1: It appears That, Kamisky, lockett And ivory were their preferred. Suspects considering the statement that was produced about a week, earlier On august, seventh nineteen ninety, five with a woman Named Letitia henderson who was in jail facing her own. 00:10:36 Speaker 4: Charges so she said she was staying at a woman's. Apartment the woman Is. Squeaky Squeaky's ivory's, Aunt lettysia said she couldn't provide a, day a, time she couldn't, remember but she just remembers being there one, time and she Said ivory was there, frequently and she Heard ivory in the back room with some other guys saying that he had hit a. Lick and she saw a large amount of money on the. Bed she saw a black, pistol and she said that she with another woman that she was incarcerated, with determined it had to have Been ivory who Killed, monroe Because ivory always carried a mask and he drove the same blue cars one described by the. 00:11:13 Speaker 3: Neighbors they saying that she said That's july to, tenth nineteen ninety, four she. 00:11:17 Speaker 2: Was At squeaky. House Well squeaky was. 00:11:20 Speaker 3: Incarcerated she wind up getting locked Up december ninety three or something like, that writing hot, chicks and they came and vict us out the, house the constables, did and they locked that door up nobody was in that. 00:11:32 Speaker 2: House july, tenth nineteen ninety. 00:11:33 Speaker 4: Four the police then Interviewed squeaky and that's When squeaky said she had never Seen Letitia henderson in her. 00:11:39 Speaker 1: Life, nevertheless they Visited ivory for the first. 00:11:42 Speaker 2: Time the investigators was asking, me do you know this? Guy do you know that? Guy i'm like. 00:11:46 Speaker 3: No when they mentioned to The fertiler name we had went to middle, school was like and their name. Familiar so WHEN i asked around the, neighborhood somebody, say, man that's, toughy AND i was, like. 00:11:56 Speaker 2: Toughy oh, SHIT i know. Toughy he KNOW i ain't come in this. 00:11:59 Speaker 3: House i'm just go high let him and ask him to go to the police station with. Me now do you THINK i would actually come in his, house kill his, friend shoot him and his other, homeboy and then come to him and ask him to go to the police. 00:12:11 Speaker 1: Station now that doesn't sound. Likely so even with Seeing ivory in the, Flesh tyler wouldn't Corroborate Letitia henderson's clearly false. Statement but, yet the state later claimed That tyler was just too scared to come. 00:12:26 Speaker 4: Forward the theory that prosecutors put forth that he was scared to come, forward scared to be able to snitch is questionable because he cooperates with the police seven times throughout the twelve. Years one of the times was in two thousand and. One the police report says that he spoke to the lead, detective but we have no summary about what was said during that. 00:12:47 Speaker 1: Interview and then in two thousand and, Six Harris county began reopening cold cases and they Paid Clifford tyler another visit That, april and we're not sure, why but by this time it seems he was ready to. 00:12:59 Speaker 4: Cooperate his statement is that he could recall everything from nineteen ninety four like it happened, yesterday and that's when the lead detective made a photos. Spread Mister tyler pointed to the individual in the three, position which the police report says Is Aaron, brown and that's when Mister tyler says he's positive that he was. 00:13:19 Speaker 1: There Aaron brown is the brother of a previous guest on this, Show alfred D Wayne, brown who left a really powerful impression on. Me by the, way we'll link alfred interview in the episode. Description, strangely, though The browns And ivory all grew up in The Villa americana apartment complex In. Houston so maybe there's a pattern of policing and impoverished black. Neighborhoods certainly seems like a way in this. ONE i don't, know but either, Way Aaron brown was Not Comisky lockett And Aaron brown was Not Ivory, dorsey the ones who appears they were keeping in mind because they had had contact with the drug house cell. 00:13:59 Speaker 3: Phone IF i did something like, This, hill why WOULD i even use the phone to call my? Phone? MAN i one even took no damn cell. Phone xaviers had to be crazy to even do something like. That you know What i'm saying, now real to. Man and by that Time Exaviers stevenson wind up catching two murder cases behind a ten cent dispute in the, store so he wind up going on death. 00:14:20 Speaker 1: Row So xavier had clearly proven himself to be capable of violence over as little as ten, cents and Since ivory And comiskey would not name him in connection with the cell, phone they remained. Targets, yet as we, mentioned the home phone and pager records would be, exculpatory and it appears that the state knew that as they diverted attention from the cell, phone as well as the reason to Revisit tyler In may and show Him comiski And ivory's pictures when he finally made those, Identifications but, curiously no arrests were made until after a guy Named Kelton smith allegedly said That ivory had, confessed which they said led them back To. Tyler but the last record of a visit With tyler was in the spring of that. 00:15:04 Speaker 3: Year now they said they talked To Kelton smith In, october, right how did he you go? Back this is not a time. Machine nobody never caught that, though BUT i. Did how're you going to talk to somebody In october and then say you go back from the new evidence that you, discovered you go back and go talk to him And. 00:15:22 Speaker 1: May you can't, Obviously but now they had a path to an indictment without mentioning the cell. 00:15:29 Speaker 4: Phone the charging instrument was filed On december, nineteenth two thousand and. Six it Lists Letitia, Henderson Clifford tyler his, lineup and Then Kelton, smith who testified and recanted a statement at, Trial but those three and not the, phone were seted in the charging instrument Against Ivory ivery never had the opportunity to exercise his right to Question Letitia henderson since she was one of his. 00:15:54 Speaker 3: Accusers the case should have been dismissed because that's what they act like they had from the get. 00:15:59 Speaker 4: Go it wasn't That Leticia henderson was listed as a state's witness and didn't show. Up she wasn't even listed as a state. Witness. 00:16:06 Speaker 1: Wow and Remember letitia's statement was proven false By ivory's ants prison, record so that part of the probable cause was always bullshit and they knew, it and it seems they had to hide the fact that the home phone and pager records would be. Exculpatory so trial began In december two thousand and seven Without Leticia henderson or the cell, phone but With Willie, williams who was the other surviving, victim and he testified On december, eleventh. 00:16:35 Speaker 4: And that's when he revealed to the jury that he had met with The District attorney at the time the night. Before so this was the night After varder In ivory's, Case and when he arrived at the DA's, Office Clifford tyler was there and they had spoken about the case in bits and. 00:16:51 Speaker 3: Pieces Willie williams was sitting in there with THE dja corroborating a. Statement but the interesting thing about Mister williams like he told the, Truth like this man was not one of the mans that came to my house that. Night but the police he'll be like he tentively ideed, him just saying stuff like, that and it was all a. Lie the man, SAID i never seen this man. Before he said he's seen a Dark African american male and he's seen a Bright African american male that was like high. Yellow you know What i'm. Saying i'm neither one of. 00:17:20 Speaker 1: Them So Willie williams was more of a defense, witness as Was Calton, smith who they claimed had Heard ivory. 00:17:26 Speaker 3: Confess they basically was telling him like, this what you said on THIS Alfi? Davis he, said you may HAVE Alfa, davis BUT i haven't signed. Anything so he just told the. Truth like me and him never had a conversation about me telling him THAT i killed white. Boy he told him, me, say, Man, ivory don't even talk like that Like i'm running around the neighborhood SAYING i killed somebody or. Something he said that they threatened him if he didn't say what they wanted him to. Say he wasn't gonna go home this. 00:17:51 Speaker 4: Family Calton smith's testimony was first On december, eleventh so that night is when the district attorney at the time saw him and threatens. Him and then it's On december twelfth that he, SAYS i was. Intimidated they said THAT i wouldn't see my daughters IF i changed my testimony When i'm supposed to be released In. May and then that's when the district attorney was trying to get him to go into how much bigger he is than her and how could she possibly be intimidating to, Him and that's when he mentioned he, Said i'm not intimidated, physically but when you're a part of the system and you threatened to prevent me from seeing my, daughters THEN i am. 00:18:27 Speaker 1: Intimidated Kelton smith was the last unintentional defense, Witness but it seems Like ivory's attorney didn't prepare or even mount the defense of his. 00:18:36 Speaker 3: Own he didn't talk to none of THE da. Witnesses he never talked to none of my. Witnesses and he'll tell them, so and they can understand even A calton he was, like did you ever talk to me or? 00:18:46 Speaker 2: Anybody? 00:18:47 Speaker 3: No did anybody promise you your statement for your such and this Nat he was, Like, no never seen, him never talk to. 00:18:53 Speaker 4: Anybody ivory's attorney declined to make an opening. Statement there were no defense witnesses during the guilt and innocence face of this. Trial there's just questions of Whether ivory really high effective assistance of. 00:19:06 Speaker 1: Counsel it certainly seems that. Way ivory told him about the phone records and begged him to Subpoena Xavier. 00:19:13 Speaker 3: Stevenson BUT i told my, lawyer, hey, man you need to subpoena this, guy like along with my aliby, witnesses BECAUSE i could prove THAT i was somewhere. Else so my lawyers he always told me the case was, weak AND i was trying to build a defense for. 00:19:25 Speaker 2: Myself but he was always, saying, man you're innocent to proven. 00:19:29 Speaker 3: Guilty everybody knows that's a, lie especially when you're a black. 00:19:32 Speaker 2: Man you not innocent to prove. Guilty not In Harrison. 00:19:34 Speaker 1: County so all it took Was Clifford, tyler who they claimed to overcome a fear of reprisal to Identify ivory after twelve, years a fear that they tried to support by talking about When ivory had reached out to him in nineteen eighty. 00:19:48 Speaker 3: Five he even mentioned this understand THAT i was at the flea market AND i was by. Myself he was with his, cousin he was with his, brother he was with his, homeboy AND i was asking you to go to the police station with. Me that's why my lawyer was, like, well it seemed like he was trying to clear his. Name and he, said what did you? Say he, SAID i didn't want to see. HIM i didn't want to talk to. HIM i just wanted to sat in the. Car now that's a. Lie we didn't have no beef with each. OTHER i never knew that he was a person that didn't like. ME i never knew that he Would god understand and do something like this to. 00:20:17 Speaker 1: Me and it's not like he hadn't cooperated with police seven times over twelve. Years and something telling happened when The Assistant District, Attorney Rachel palmer asked him about the identification. 00:20:30 Speaker 3: Process she, said did you tell anybody from law enforcement that it Was Ivory dorsey who done? This before they showed you the picture of, him or after they showed him the, picture and he, said after IF i had to show you a picture of someone before you said it was, them that's not your coming. 00:20:44 Speaker 2: Forward you never knew who it. 00:20:46 Speaker 1: Was especially when he'd Known ivory for many. Years and it appears that this pattern. 00:20:51 Speaker 3: Continued he would say one minute that they, like what did you see when the door? Opened he'll say chrome gun or something like, that and then she'll switch it up and, then, oh, NAH i saw a pump shotgun to make LIKE i got the murder. Weapon and then he said something about LIKE i was the shortest, guy AND i was LIKE i was six. Ones that's against what the witness, said you, know like he was freestyling and they was misleading him the whole. 00:21:14 Speaker 1: Time but despite the issues with his, testimony it appears to have Scared ivory's trial attorney into scrambling a last minute alibi witness with the help Of ivory's friend and, mentor Mister. 00:21:26 Speaker 3: Perkins now he's, REALIZING i guess that Am i'm finna send this man to prison for something he didn't. 00:21:32 Speaker 2: Do and he's, like do you think. 00:21:34 Speaker 3: That Mister perkins would go get your son? Mother SO i had talked to my son mother the night before and he went over there and nobody answered the, door and he was, like, man the light was, ON i heard THE tv playing the. 00:21:45 Speaker 2: Number nobody came to the, door so it's like. 00:21:48 Speaker 3: WOW a couple years, LATER i didn't find out that she was pregnant by another guy and she had a baby that same day THAT i was going to. 00:21:56 Speaker 2: Try that's why she wasn't. There AND i. 00:21:58 Speaker 4: Think the trial attorney realized after there was a guilty verdict. Rendered and it's during the defense's closing remarks when the trial attorney, admits and this is, verbatim the attorney, says how easy it is to convict a young black. Man it's just. Easy this is. Obscene this is obscene what you. Did and it's Not ivory Door ce's. Fault it's. MINE i had ten strikes and OBVIOUSLY i didn't use them appropriately or properly in this. Case. 00:22:23 Speaker 3: Man at that, Moment i'm talking to guard in my head And i'm, LIKE i didn't even do. 00:22:28 Speaker 2: This is it somebody that you want me to? Meet DO i supposed to go to the? 00:22:33 Speaker 3: Penitentiary it's something that you want me to, do Because i'll go but you, KNOW i didn't do. This i'm innocent of. 00:22:38 Speaker 2: This AND i heard this Scripture joshua one through. 00:22:43 Speaker 3: Nine he was, saying don't be. Afraid i'll go with you. Wherever you know What i'm, saying be strong and be very. Courageous i'm gonna be with you wherever you. Go that's WHAT i. Heard and WHEN i got in the shower that. Night BUT i cried like twenty years for something THAT i didn't. DO i didn't understand why all this was happening to, me you, know losing my mother at a young, age trying to take care of my, sister trying to do things like why did this guy get up there and lie on? Me DID i hurt this guy in some kind of way intentionally? UNNOYINGLY i didn't, know you know What i'm, saying seeing him do, that LIKE i THOUGHT i was something THAT i wasn't WHEN i first got locked up for, this. 00:23:32 Speaker 2: BRO i ain't gonna. 00:23:33 Speaker 3: LIE i w wasn't strong like. This NOW i wanted to commit. SUICIDE i felt LIKE i had let my kids. DOWN a had promised my kids THAT i would always be there for them BECAUSE i didn't have a, daddy you, know What i'm, saying AND i promised, them, like, man if anything happened to, ME i want y'all always to take care of each other and be with each. Other they, separated we all. SEPARATED i wouldn't seeing them and stuff like. That and that's when times started really getting to. 00:23:56 Speaker 2: ME i wouldn't seeing my, people AND i love hard, MAN i love my. People you know WHAT i. Mean i'm. 00:24:00 Speaker 3: Saying reality kicked. IN i had to get on my, knees could just be, grateful just. SURVIVE i started drawing, them you, know and the music and stuff like. That that became my cell. THERAPY i had to rely on the Real Livry. DOORS i had to go back to being myself WHEN i was a kid AND i used to draw those, pictures and that stuff started coming back to. Me, Man that's what helped me get through this. TIME i started cutting hair and just vibing with different. People now he was showing me how to go to the law, liberry how to do, research how to work on the. Law and that's When god started introducing me to people, inside like a guy Named Danny. 00:24:32 Speaker 1: Anderson in addition to guys Like, Danny ivory wrote to many attorneys and innocence organizations and received support from The Texas Innocence, project who reached out To Exavier. 00:24:42 Speaker 3: Stevenson and before, THAT i had a dream That Xavier stevenson he had came on the same UNIT i was. 00:24:48 Speaker 2: On he's, like what are you doing? 00:24:50 Speaker 3: Here AND i, say, man you know that cell phone he tried to sell me and he, said don't worry about. IT i got you AND i woke up in a cold. Switch that's WHEN i got The Alpha davis from. 00:24:58 Speaker 1: Him by this, Time xavier's defense team was able to get his death sentence thrown. 00:25:03 Speaker 4: Out he get an intellectual. Disability he was charged with murdering two people over ten cents in a convenience. Store so the courts ruled that it would be violating his right that prevents against cron unusual punishment if he was put to, death and so his sentence was commuted to. Life he is pro eligible in twenty, forty. 00:25:22 Speaker 1: And in direct conflict with that, Objective xavier wrote An affidavid Supporting ivory's. 00:25:27 Speaker 3: Edicence when he found out THAT i was incos of rated for something that he had, done he does The, AFFIDAVID. 00:25:33 Speaker 2: I Think september twenty. TWELVE i get The. 00:25:36 Speaker 3: Affidavid, Immediately i'm, like, Wow i'm finna ask for evidentier. HERE i KNEW i was finna go. 00:25:41 Speaker 2: Home you know What i'm. Saying it's twenty. 00:25:43 Speaker 3: Twelve we talked about twelve years, ago thirteen years, ago AND i was talking to this guy Named Larry. Brown because Now i'm on a different unit From. DANNY i reach out To danny and we found out That danny's Did i'm, like, wow so REMEMBER i just got a whole rit done By Danny anderson twenty seven grounds he found any. 00:26:00 Speaker 2: Case that's how bad it. 00:26:02 Speaker 3: Was And larry was, like how you gonna do. That you're gonna do, ACTRA i, say Because i'm askingly. Innocent and it was, like, okay you can do, that but you can't file all the. 00:26:10 Speaker 1: Grounds his, Friend Larry brown advised him to will down the filing to his eight strongest constitutional claims to pair with his actual innocence claim and newly discovered. 00:26:20 Speaker 3: EVIDENCE i filed it in twenty. Fifteen when you file something, good they're gonna delay. You when you file something, bad they gonna deny. 00:26:28 Speaker 2: You. 00:26:28 Speaker 3: Man they got so many ways to just tell you. KNOW i wrote the judge this, LETTER i asked. HIM i, said up from the bottom of my, Heart, MAN i put everything on my mother's, GRAVE i, said. MAN i told the, JUDGE i, say, man, LOOK i don't even care about no money or none of. 00:26:41 Speaker 2: That you know What i'm. Saying it was This Alpha. 00:26:43 Speaker 3: Davis please just let me go home SO i can save my son from coming to the penitentiaral of getting killed on the streets Of. HOUSTON i just want to go home SO i can finish raising my. 00:26:52 Speaker 2: Kids but they held. 00:26:54 Speaker 1: That rid deny or. Delay this went on until another friend Named Steve morgan helped didn't get the evidentiary hearing that he deserved A navy. 00:27:03 Speaker 3: Seal he the one got me, back do The evidencei're. Here they bench warmed me, Back they reset me like twenty two. TIMES i wind up staying in the county twenty two. Months they resetting me every, month and they USED covid for an excuse like they always do to. DELAY i finally got my day in. COURT i just KNEW i was finna go. Home Exavier stevenson got up there and exonerated me, right really told the truth about. 00:27:27 Speaker 4: Everything Mister stevenson went through very specific details of the crime that you could not have known about if you weren't. There he recalled it there were three cars in the, driveway that there were nice rims in the, house and this matches the police. Report he identified that there were men in the kitchen clipping each other's. Hair he recalled a pool table right in the front. Room he just recalled things very. 00:27:51 Speaker 3: Accurately they tried to cross him up and make like he was lying and like he was doing me a. 00:27:55 Speaker 2: Favor how you doing me a, favor Mister. 00:27:57 Speaker 4: Stevenson he also filed At he's read at the time of the evident you're, hearing he hadn't heard. Back he's still eligible for. Parole he comes up for pearol in twenty. Forty he had, children so if, anything he jeopardized himself by coming. 00:28:11 Speaker 2: Forward it was very. Emotional he broke down. Crying it made me start crying BECAUSE. 00:28:15 Speaker 3: I couldn't believe that it was still people on Planet earth that would tell the truth about something that they. Did AND i admired that a man would stand up and take responsibility for his own. 00:28:26 Speaker 2: DESTINY i wouldn't let nobody go down for. 00:28:28 Speaker 4: Me. 00:28:29 Speaker 3: Man If i'd done SOMETHING i tell y'all done. It AND i was, wondering, like why is the family not? Here why the victim family not? Here like they should have been there to hear. That his mother should have been able to hear. That you know What i'm, saying to get some type of, closure real. Talk, well the youngest, son he feel like since is other had passed AND i had been, gone he had told me THAT i really needs you out. Here when you think you're gonna get, OUT i thought you was gonna win you a. Pill AND i was trying to explain to him THAT i am gonna win my, pill just speaking by. Faith just bad with, Me, man just hold, On i'm. TRYING i told him like. THIS i, Say, Man i'm in the middle of a war AND i don't have no. GUN i don't have no. Bullets i'm over here making bullets and making assault rifles to fight these people BECAUSE i don't have the. AMMUNITION i have to get in these books AND i have to learn this and ask questions BECAUSE i don't know. 00:29:30 Speaker 2: This this is not my. 00:29:32 Speaker 3: Language, see you could think you got so much game until you going in front of them. 00:29:36 Speaker 2: Votures well they still been holding. It you know What i'm. Saying they just been delaying, it, like never heard nothing back from. 00:29:42 Speaker 1: Him it's really unbelievable when the actual assailment comes forward and their response is just they just want to bury their heads in the. Sand but luckily are good friends At, Georgiatown Mark howard and the one and Only marty Tankliff well ranching out to other college, campuses And princeton agreed to offer their making an ex on. Recourse in the spring semester Of kennedy's senior. 00:30:08 Speaker 4: Year in high, School i'd interned at The Ohio Innocence project and was really blown away WHEN i met some of the exoneries who talked about how they had been screwed by the legal, system AND i spent all of colleges trying to learn more about, it which is during the spring semester of my senior years when this class was. Offered it was a no. Brainer we were given four cases to read, through And ivory stuck out immediately because the case summary described that someone had come forward and, confessed But ivory was still in, prison which not knowing anything else about his. Case that's mind. Blowing and so with one of our professors we'd have calls and we'd go over exactly what we were doing for the. Investigation we all would, workshop so these would happen. Weekly we'd Update ivory on who we spoke, to what we found through going through the police, reports the trial, transcripts Which ivory had not received it that. Point we were the first people to Send ivory his files because he couldn't access. Them So ivory was seeing this material for the first, time and so we were all going through like, seeing oh my, gosh on page like twenty, six line, seven look at, this, like look at what this person. Said we had Visited houston twice both trips were interviewing. Witnesses it was also Meeting ivory's family in person because we wanted to get to know the people who were imported In ivory's life and help them connect with. Them it was really just everything we worked on his, case but it was more so making sure that he was fully set. Up he was connected to people he hadn't been connected within, years. 00:31:40 Speaker 1: And like so many of us in this, movement once you see, it you just can't turn. 00:31:44 Speaker 2: Away kenning. 00:31:45 Speaker 3: Them they did a little bit more than what they told, You like they was SENDING us books, money making SURE i had something to. 00:31:51 Speaker 2: Eat they did more than what they had. To they could have just did it just for a grade and moved, on but n they got. Involved they got in the foxhole with. Me they became. Family may real. 00:32:01 Speaker 4: To In may of twenty twenty three is WHEN i graduated AND i started working, immediately and So ivory AND i adjusted our call. Schedules we still worked on his case and we shifted to, parole and so that was WHEN i was working with two other, Students ben And, carrie and we all kind of worked on. It ivory had all of his educational, Certificates we got over eleven eleven to twelve letters of REC i tracked down his childhood pastor to write a letter of. Recommendation he got a hold of his disciplinary, record which had four non violent, infractions with the latest infraction being like twenty, twelve and it was like you were late to class because your door was barricaded from. Something Just we put together a parole packet that ended up being one hundred and nine, pages And ivory had an attorney from an innocence clinic out Of Texas southern who stepped in to Represent ivory during his parole, Hearing so that takes us Through december of twenty twenty. Three. Everyone did you get the official letter that you were for? Parole? 00:33:06 Speaker 2: Wow seven months? 00:33:07 Speaker 1: Later. 00:33:07 Speaker 4: YEAH i just remember refreshing the page that morning seeing that you were, approved and THEN i Messaged ivory On securists AND i, said call me in all, caps which is ONE i was able to tell you that you were approved for. 00:33:20 Speaker 2: Parole, yeah AND i broke. 00:33:22 Speaker 4: Down, yeah, yeah we both. 00:33:24 Speaker 3: DID i never been on parole because this is like my first time really being A. Tdc So i'm asking all the inmates. 00:33:31 Speaker 2: Like, hey what's. This, oh you got to go to a rehabilitation. 00:33:34 Speaker 3: Thing so WHEN i got to the, program my son was. There this is the twelve year old that was at the house with me that day WHEN i got. Arrested my ten and twelve year, old but this was my oldest, son my, junior AND i haven't seen him in eighteen. Years so WHEN i get to the, UNIT i got a chance to hug. 00:33:49 Speaker 1: Him. 00:33:49 Speaker 3: Man we sat there and talked for a while and we vibe you know What i'm, saying just chopping it up and everything by his, brother BYuT his, situation HOW i wanted to see him on the outside so we could sit down and have. DINNER i want to restore our relationship with my kids and get everything going back, together just seeing my. Son and then it's crazy because the drugs inside the system with the kids and. Stuff and, now you know What i'm, saying that my child eventually was doing this and it hurted. Me AND i was trying not to get into it with him because. 00:34:20 Speaker 2: It's at this time when you had to be a. 00:34:22 Speaker 3: Father but Then i've been gone for eighteen, years so AND i try to tell him, something it's like we would bump heads with each. 00:34:27 Speaker 2: Other BUT i was. 00:34:28 Speaker 3: HURT i had missed, HIM i missed on trying to discipline, him AND i couldn't tell him. 00:34:34 Speaker 2: Nothing and he's back in cars. 00:34:35 Speaker 3: Raided he got out like about four months before me and went back to the county AND i wind up getting Out february the. 00:34:43 Speaker 2: Fifth and he went back. 00:34:44 Speaker 4: In was it the day that you got out or was it was a few days, Before. 00:34:49 Speaker 2: Yeah violating his parole of. 00:34:51 Speaker 3: Curfew AND i never got a chance to chop it up with, him you know What i'm. Saying in the free, world AND i talked to him on the phone and stuff like. That but man just don't get it THAT i love, him, man and every TIME i call, Him i'm, like just take care of. YOURSELF i just want to see you out. There we'll take care of my, grandbaby which is his. Daughter she played, Basketball she run, track smart little, girl need her. DAD i can't even go to a game and see her play BECAUSE i can't go To Harris. COUNTY i can't go see none of my family In Harris. County you know What i'm. 00:35:17 Speaker 2: SAYING i, say, WELL i just got to be grateful at LEAST i. Know I'm. 00:35:21 Speaker 1: Gon we wish you nothing but the best on your continued struggle to clear your. Name and as we're all, aware both that legal battle and even just, surviving nothing comes for. Free And ivory is, working but he needs more support than he can. Muster so we're going to be linking his GoFundMe in the episode description and we'll follow his social. Media we're gonna put in the episode description so we can follow his progress and who, knows maybe even get to hear some great. 00:35:52 Speaker 3: MUSIC i want to release this song That i'm working. On it's called It Was All just A. Dream i'm coming from my mother here to my. FATHER i want to release that from and all the mothers in the, world grandmother's baby, mothers BECAUSE i lost my son mother WHILE i was gone, too SO i just want to dedicate this to the women man who have. 00:36:08 Speaker 4: Children and then as social media is at Bring ivory. 00:36:11 Speaker 1: Home so please scroll down and Support. Ivory and with that we're going to go to closing, arguments where first of, ALL i want to thank each of you from the bottom of my heart for being here closing. Arguments i'm going to turn my microphone off and just kick back in my chair and listen to anything else each of you want to. Share, kennedy you started, off and then when you're, done just hand the microphone off To ivory and he'll take us off into the. 00:36:35 Speaker 4: Sunset thank you so much for having us and giving us the opportunity to share ivory story with the. World it's as infuriating as it. Sounds there are as many questions as you think there. Are we're still finding new stuff every, day and while we've had the, OPPORTUNITY i think to talk about the hallmarks of wrongful conviction that are In ivory's, case the inconsistent eyewitness, testimony effective assistance of council official misconduct throughout the trial and during the appellate. Phase there were also a lot of smaller injustices throughout the way That ivory had to deal, with one of which being staying connected with. Family it's really expensive and when you rely on those family and friends to support you mentally and spiritually as well as to help you fight for your, innocence it's really. Hard so that was one just the challenges with. Parole ivory found out that he was not being released until a year after he was given, parole and it was in the fall that he was told he couldn't step foot In Harris, county which is where his entire parole packet laid out his reentry. Plan so just the challenges of parole as another. Injustice he's faced the. Heat there's no ac Inside texas, prisons And ivory can speak to how hot it was throughout the. Summer that's why we were rushing to get him released when we found out that he was approved In, january so that he wouldn't have to spend another summer inside Of texas. Prisons and the last thing he worked all throughout his incarceration but he wasn't paid a. Cent and so these are some of the injustices that he also had to deal with that weren't part of his fighting for his innocence per, se but just details to keep in mind as there are other people fighting for their. 00:38:16 Speaker 2: Innocence this injustice in this. World, man it's like a. 00:38:19 Speaker 3: Disease it's knocking on my door, now but tomorrow can be knocking on. Yodo there's no respective. Person don't care who you. Is it doesn't matter if you black or. WHITE i got friends inside that's black and. White That's miskins that's going through the same. Thing AND i don't want to forget those. Guys you know What i'm. 00:38:36 Speaker 2: Saying AND i think this happened to me BECAUSE i judged a. 00:38:40 Speaker 3: Man i'll never forget. IT i was sitting on the couch You. No, six AND i seen this man on the news and they said he had raped these. KIDS i don't even know this, man BUT. 00:38:48 Speaker 2: I judged this. 00:38:49 Speaker 3: Man god showed me that same man coming out in two thousand and nine where he was exonerated BY, dna and this TIME. 00:38:56 Speaker 2: I was in. 00:38:56 Speaker 3: Jail it made me look at life. Different, Man like if you don't. Know shut your damn. Mouth people don't. 00:39:02 Speaker 2: Understand it ain't gotta be, You it can be your. 00:39:04 Speaker 3: Kids Maybe god allowed me to go through this to help somebody else out that's gonna go through, this because he told Me i'm bringing you out of your, valley. 00:39:12 Speaker 2: But his other people that's gonna have to go through. 00:39:13 Speaker 3: This this is happening in our, country it's happening In. 00:39:17 Speaker 2: Israel injustice is. 00:39:18 Speaker 3: Everywhere people keep ignoring it like it doesn't, matter but we need to do something different for. 00:39:24 Speaker 2: Real it's like counsel. 00:39:25 Speaker 1: Man thank you for listening To Wrongful. Conviction you can listen to this and all The lava For good podcasts one week early and ed free by subscribing To lava For Good plus On Apple. PODCASTS i want to thank our production, Team Connor hall And Kathleen, fink as well as my fellow executive Producers Jeff, Kempler Kevin, wartis And Jeff. Cliber the music in this production was supplied by three TIME oscar nominated Composer Jay. Ralph be sure to follow us across all social media platforms At lava For good and At wrong For. Conviction you can also follow heow me On instagram at It's jason Flamm Ralfel conviction is a production Of lava For Good podcasts and association With Signal Company Number. 00:40:07 Speaker 5: One we have worked hard to ensure that all facts reported in this show are. Accurate the views and opinions expressed by the individuals featured in this show are their own and do not necessarily reflect those Of lava For. 00:40:17 Speaker 1: Good