Wrongful Conviction With Jason Flom

Harold “House” Moore was on top the world–he was one of the stars on the Fox award-winning series *Atlanta *and had just played Dr. Dre in the 2Pac biopic All Eyez on Me. Harold’s career was blossoming, but all of that changed when he was railroaded, maliciously and falsely accused, and convicted of child molestation. He was sentenced to 6 to 12 years but was released after 2 years and granted a motion for a new trial, after a failed judicial process and intentionally suppressed evidence that would have proven his innocence threatened to surface. He is paving his way now as a fighter for judicial equality and criminal justice reform. In his first interview since his release, Harold is sharing his story with the hope that his journey will help inspire others to fight on behalf of the wrongfully convicted. https://www.wrongfulconvictionpodcast.com/with-jason-flom Wrongful Conviction is a production of Lava For Good™ Podcasts in association with Signal Co. No1.See omnystudio.com/listener for privacy information.

At age 30, Matthew was arrested for selling 216 grams of crack cocaine to an informant and illegally possessing a firearm. He was given a 35-year sentence. In prison, Matthew could easily have crawled deeper into his shell of anger, but he didn’t. His prison life was directed at exemplary rehabilitation. He took college courses and became a law clerk. And most importantly, Matthew became “genuinely repentant of his life before encountering the Grace of Christ, not offering empty excuses about his past, but taking ownership,” as a pastor would later describe him. In 2013, Matthew applied for a sentence modification because the Sentencing Commission had lowered guideline ranges for drug offenses. At his re-sentencing hearing, Judge Kevin Sharp commended his rehabilitation and reduced Matthew’s sentence. After spending 21 years in prison on a 35-year sentence, Matthew Charles was released in 2016. However, after a year and half of freedom, the court reversed the reduction in sentence, citing an error in his rele

Darnell Phillips served 28 years for a crime he did not commit. He was sentenced to 100 years in prison for the 1990 rape of a child in Virginia Beach. In 2015, the Innocence Project Clinic at the University of Virginia found physical evidence, and in 2017, DNA testing proved that Darnell was not at the scene of the crime. In this compelling interview, Darnell shares the devastating story of his conviction and his hopes for his future as a free man. He is also joined by Lisa Spees, Director of Virginians for Judicial Reform. https://www.wrongfulconvictionpodcast.com/with-jason-flom Wrongful Conviction is a production of Lava For Good™ Podcasts in association with Signal Co. No1.See omnystudio.com/listener for privacy information.

In this compelling interview, Vincent Atchity and Kelly Grimes join Jason Flom for a candid discussion about the criminal justice system and how it fails to support Americans with mental health challenges. Vincent Atchity has served as Executive Director of The Equitas Project since 2015. Vincent is an advocate for public health and health equity, a population health management strategist, and a builder of communications bridges connecting communities and community partners with better health outcomes and more efficiently managed costs. Kelly Grimes is a graduate of the Manhattan Mental Health Court, where CASES provides case management services, including treatment, planning and reporting on clients’ progress to the court. Kelly is now a certified peer specialist with CASES, as the peer specialist for the Manhattan Mental Health Court team. She has moved from being a client of the court to serving clients of the court. The Equitas Project, an initiative of the David and Laura Merage Foundation, envisions an

In 1981, at only 16-years-old, Frederick Clay was arrested, charged as an adult and convicted of first-degree murder. In August 2017, a Suffolk Superior Court judge exonerated Clay based on new evidence that revealed he had been misidentified. Fred Clay spent 38 years in a Massachusetts prison for a crime he did not commit. https://www.wrongfulconvictionpodcast.com/with-jason-flom Wrongful Conviction with Jason Flom is a production of Lava For Good™ Podcasts in association with Signal Co. No1.See omnystudio.com/listener for privacy information.

In this special edition of Wrongful Conviction, Jason Flom is joined by author John Grisham to discuss his work with the Innocence Project, his commitment to criminal justice reform, and his Netflix series, The Innocent Man, the documentary adaptation of his only nonfiction book about two murders in Ada, OK. For ten years, John Grisham practiced law in a small town in Mississippi. He also served two terms in the State House of Representatives. In 1990, he gave up both the law and politics to write full-time, and since then has published at least one book a year. He has written one collection of short stories, one work of nonfiction, three books about sports, one comic novel, seven editions of his Theodore Boone series for children, a childhood memoir, and, at last count, more than twenty legal thrillers. Nine of his books have been adapted to film. He serves on the Board of Directors of the Innocence Project in New York, and the Focused Ultrasound Foundation in Charlottesville, Virginia. https://www.wrongfulc

Jens Soering is serving two consecutive life terms for a case of double homicide, the murders of Derek and Nancy Haysom in 1985–a crime he did not commit. On June 8, 1986, Jens Soering, the son of a former German diplomat, falsely confessed to killing the Haysoms. Jens "took the rap" for his girlfriend, Elizabeth Haysom, to save her from the death penalty for killing her parents. At Jens’ trial, prosecutor Jim Updike told the jury that Soering's confession was corroborated by several drops of type O blood at the crime scene. Jens had type O, none of the other people involved in the crime did, so the blood had to be his. Updike repeated this claim 26 times. A comparison of lab reports showed that in fact DNA tests had eliminated Jens Soering as a possible source of the type O blood at the scene. The same blood that in 1990 suggested his guilt now proved his innocence. In 2017 two independent DNA scientists confirmed these findings, and they also found DNA evidence showing the presence of a second unknown man w

This episode originally aired on November 7, 2016. Marty Tankleff had just turned 17 when he was arrested for murdering his parents, Seymour and Arlene Tankleff in September 1988. Based on an unsigned “confession" extracted from him following many long hours of interrogation by notorious Suffolk County detective K. James McCready, Marty was convicted and sentenced to 50 years to life in prison. After serving 17 years, Marty's conviction was vacated by the New York State Appellate Division, Second Department, in December of 2007. On July 22, 2008, a judge signed off on a motion by Attorney General Andrew Cuomo to dismiss all charges against Marty. Marty recently passed the bar exam and is pursuing a career as an attorney, advocating criminal justice reform and wrongful convictions. https://www.wrongfulconvictionpodcast.com/with-jason-flom Wrongful Conviction is a production of Lava For Good™ Podcasts in association with Signal Co. No1.See omnystudio.com/listener for privacy information.

In 1990, Jeffrey Deskovic was wrongfully convicted of the brutal rape and murder of his 15-year-old classmate, Angela Correa. Jeff was only 16 at the time of the crime with no prior record. Police claimed that Jeff was overly upset at the victim’s funeral and were certain they had their man. They interrogated him for over seven and a half hours, without his mother or legal counsel present. After browbeating and intimidating him, they ultimately extracted a false confession after promising that he could go home after he confessed. He had also been told that if his DNA did not match the semen in the rape kit, he would be cleared as a suspect. In January 1991, Jeffrey Deskovic was convicted of 1st degree rape and 2nd degree murder, despite DNA results showing that he was not the source of semen in the victim’s rape kit, and he was sentenced to 15 years to life in prison. In 2006, post-conviction DNA testing done by the Innocence Project both proved Jeff’s innocence and identified the real perpetrator, convicted

Dusty Turner was a 20-year-old Navy SEAL trainee when he was arrested for the murder and abduction of Jennifer Evans. On June 19th, 1995, Dusty Turner was out at a bar with some friends in Virginia Beach, VA, including his roommate and training partner, Billy Brown. Dusty Turner and Jennifer Evans were sitting in his car waiting for Evans’s friends to join them when an extremely intoxicated Billy Brown forced his way into the back seat and began insulting Evans and pulling her hair. When she tried to defend herself, Brown suddenly attacked her, wrapped his arms around her neck in a forceful choke hold, and killed her instantly. All the while Dusty Turner had been prying and clawing Brown’s hand off of Evans, pleading with him to stop. Finally realizing that she was dead, Dusty panicked and reacted to his intensive SEAL training that demanded “always protect your swim buddy” regardless of the cost. Dusty’s instinct for survival and misplaced loyalty to Brown took over as he drove out of the parking lot and hel

In 1976, Sonia “Sunny” Jacobs was sentenced to death for the murders of Florida Highway Patrol officer Phillip Black and Donald Irwin, a visiting Canadian constable. The officers were killed during a traffic stop where Sunny was traveling with her boyfriend, Jesse Tafero, and her two children, Eric, nine, and Christina, 10 months, in a car driven by Walter Rhodes. After officers approached the vehicle, Rhodes fired shots at them, a gun battle ensued, and chaos erupted. Sunny and Jesse were arrested, and both of their children were taken away by the state. Rhodes negotiated a plea bargain with the state, claiming Jesse and Sunny had pulled the triggers, in exchange for a life sentence. In 1990, Jesse was executed by the state of Florida in horrific circumstances. Sunny spent five years in isolation on Florida’s death row and a total of 17 years in a maximum-security prison before her conviction was overturned. Sunny was freed in 1992 when she was 45 years old. In this episode, Jason talks with Sunny, her curre

Curtis Haith was beaten to death and shot outside of his home in western Pennsylvania. Police determined that the evening before Haith had attended a party in Uniontown, PA. Crystal Weimer, whose sisters hosted the party, and her cousin had driven Haith home and returned directly to the party. Crystal became the focus of the investigation after an ex-boyfriend told authorities she confessed. The charges were dropped when he recanted, but police re-filed the charges in 2004 with the use of statements given by Joseph Stenger, who pleaded guilty to conspiracy of homicide of Haith while he was serving time for unrelated robbery charges. Stenger testified that Crystal had an earlier physical altercation with Haith, and she enlisted Stenger and two unidentified black men to return to Haith’s house after where she lured him outside, and they beat him to death and shot him in the face. At her trial in 2006, the only physical evidence that directly tied Crystal to the crime scene was an alleged bite mark on the victim

Tim Tyler was sentenced to a mandatory life sentence in federal prison for selling LSD while traveling around the country following the Grateful Dead. He was 25 years old when he was sentenced and spent nearly half of his life behind bars. In 1991, Tim was arrested twice for selling LSD and received probation both times. Then, in May 1992, Tim sold marijuana and LSD to a confidential informant. He was arrested in August and charged along with three codefendants, including his father. Tim pled guilty to possession with intent to deliver LSD and conspiracy to possess with intent to distribute LSD. In March 1994, Tim was sentenced to mandatory life without parole in federal prison. Tim’s codefendants received five- and 10-year sentences. Timothy’s father died in prison while serving his 10-year prison term. Tim’s life sentence was determined by two factors: his two prior drug offenses and the amount of LSD he was convicted of selling, which included the “carrier” weight of the paper the LSD was placed on. Ten gr

Following in the footsteps of his beloved and iconic grandfather, Ndaba Mandela has taken the torch of social justice and run with it. Today, Nelson Mandela’s legacy continues as Ndaba keeps its beacon of hope bright, fueling his message that one person can make a difference. In this candid interview, Ndaba discusses his passion for criminal justice reform and his commitment to a new generation of young Africans that he hopes will be at the forefront of Africa’s development. https://www.wrongfulconvictionpodcast.com/with-jason-flom Wrongful Conviction is a production of Lava For Good™ Podcasts in association with Signal Co. No1.See omnystudio.com/listener for privacy information.

In her new book Rectify: The Power of Restorative Justice After Wrongful Conviction, Lara Bazelon makes a powerful argument for adopting a model of restorative justice as part of the innocence movement so exonerees, crime victims, and their communities can come together to heal. Tony Wright is one of those exonerees. Tony endured two trials and 25 years in prison before a jury found him not guilty for the rape, sodomy, and murder of Louise Talley, a 77-year-old woman in Philadelphia. He was only 20 years old when he was arrested in 1993, signed a confession after being beaten and threatened by the interrogating detectives, and was sentenced to life in prison—he narrowly escaped the death penalty after the jury voted against it 7 to 5. Later DNA testing of the rape kit not only excluded Tony as a suspect, but also identified Ronnie Byrd as the real assailant. On August 23, 2016, Tony Wright was exonerated, and he became the 344th DNA exoneree in the nation. https://www.wrongfulconvictionpodcast.com/with-jason-

In forty-eight other states and in federal courts across the country, a conviction requires a unanimous vote – all jurors must agree on whether a prosecutor has met the burden of proving guilt beyond a reasonable doubt. Louisiana is the only state where someone can be sentenced to life without parole without a unanimous decision of a jury. Non-unanimous juries allow conviction even where two citizens have reasonable doubts about the evidence. They are, as a result, unreliable. More than forty percent of all those who have been recently exonerated were (mistakenly) found guilty by non-unanimous juries. On November 6th, 2018, Louisiana voters will have a chance to change that. Amendment 2, a ballot initiative, would require unanimous agreement by jurors for all felony trials. Jason Flom is joined by Doug DiLosa of Rising Foundation and Chris Pourciau the Deputy Director of the Unanimous Jury Coalition, through the Promise of Justice Initiative. Doug DiLosa is himself a victim of non-unanimous jury. He was wrong

In this special edition of Wrongful Conviction, Jason Flom is joined by Sadhguru to discuss his revolutionary work that has helped reform prisons throughout India. Sadhguru is a yogi, mystic, visionary and bestselling author who ranked amongst the 50 most influential people in India by India Today. He has been conferred the Padma Vibhushan by the Government of India in 2017, the highest civilian award of the year, accorded for exceptional and distinguished service. Three decades ago, Sadhguru founded the Isha Foundation, a non-profit organization with human well-being at its core commitment, supported by over seven million volunteers in over 250 centers worldwide. https://www.wrongfulconvictionpodcast.com/with-jason-flom Wrongful Conviction is a production of Lava For Good™ Podcasts in association with Signal Co. No1.See omnystudio.com/listener for privacy information.

Rafael Madrigal and co-defendant Francisco Olivares were charged with committing a drive-by shooting in East Los Angeles on behalf of the Ford Maravilla gang and convicted in January of 2002. Rafael contended his innocence from the beginning; at the time of the shooting he was at work at Proactive Packaging & Display in Rancho Cucamonga, approximately 35 miles away. The petition submitted on Madrigal’s behalf established his alibi and argued that his trial counsel was ineffective in his representation, failing to call an alibi witness or properly investigate the case. During an evidentiary hearing on November 3, 2008, alibi witness Robert Howards, Rafael’s direct supervisor at Proactive, testified that the production line would have shut down had Rafael not been at work. Rafael was the only employee trained to operate the laminating machine and his failure to operate that piece of machinery would have impacted production. Howards was never called as a witness, despite his submission of a notarized alibi s

As a teenager, Damien Echols along with Jason Baldwin and Jessie Misskelley—known as the West Memphis Three—was convicted in 1994 of killing three 8-year-old boys in West Memphis, AK. There was no DNA linking the WM3 to the crime, and some of the DNA found at the crime scene even seemed to implicate the stepfather of one of the victims. The case gained national attention soon after the teenagers’ arrests when word was leaked that the murders were committed as part of a satanic ritual. A key prosecution witness in the second trial was a self-proclaimed cult expert who stated that the murders bore “trappings” of the occult. This testimony, combined with testimony about books Damien Echols read and some of his writings, plus evidence that he and Jason Baldwin liked heavy-metal music and several black t-shirts were found in Jason Baldwin’s closet, helped to convict the two teenagers. Damien Echols was sentenced to death; Jason Baldwin was sentenced to life without parole, and Misskelley was sentenced to 40 years.

Noura Jackson was egregiously framed and wrongfully convicted of murdering her mother, Jennifer Jackson, in Memphis, TN in 2005. Amazingly, she spent over three years in jail awaiting trial before being sentenced to 20 years and nine months in prison. No physical evidence linked Noura to the murder, and DNA testing not only excluded her as a suspect, but it also suggested that two or three different people were present at the crime scene. The Supreme Court of Tennessee overturned her conviction unanimously in 2014, and in their 5-0 decision, they made strong statements about the misconduct that took place during her trial. The prosecutors threatened to retry Noura, and she was faced with little choice but to accept an Alford Plea in 2015. Noura Jackson was then sent back to prison for 15 months before she was finally released in 2016, after serving 11 years in prison. She is joined by one of her lawyers, Bryce Benjet, Senior Staff Attorney at the Innocence Project, in this episode. https://www.wrongfulconvict