Wrongful Conviction

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#081 Jason Flom with Sunny Jacobs - RE-RELEASE Jan 08, 2019

Show notes

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 current husband, exoneree Peter Pringle, and her daughter Christina, who as a child was also a victim of this tragic injustice.

https://www.wrongfulconvictionpodcast.com/with-jason-flom

Wrongful Conviction is a production of Lava for Good™ Podcasts in association with Signal Co. No1.

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 Good.

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#080 Jason Flom with Crystal Weimer - RE-RELEASE Dec 17, 2018

Show notes

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’s arm. Expert odontologist Dr. Constantine Karazulas told the jury that a mark on the victim’s hand was a bite mark made minutes before he died, and that Crystal is the one who bit him. During closing argument, the prosecution told the jury that the jailhouse informants who testified against her at the trial had not asked for any leniency on their own cases in return for their testimony. Crystal Weimer was convicted of third-degree murder and conspiracy to commit homicide and sentenced to 15 to 30 years in prison. She continued to fight for her innocence, acting as her own lawyer and filing motions for post-conviction relief, but all were denied until a federal petition for a writ of habeas corpus was filed on her behalf. In December 2014, Joseph Stenger ultimately recanted all of his statements and admitted that prosecutors dropped more serious charges against him in exchange for his testimony against Crystal. In early 2015, Dr. Constantine Karazulas, that same expert declared his own trial testimony "junk science" and "invalid." In February 2015, Crystal, represented pro bono by the Pennsylvania Innocence Project and the firm of Jones Day, filed a motion for a new trial based on the discredited bite mark evidence and the recantations of key witnesses. Her lawyers had also discovered that the prosecution had failed to disclose to Crystal’s trial counsel that the jailhouse informants had written letters to the prosecution requesting favorable treatment, which showed that the informants had testified falsely at trial when they denied they sought deals for their testimony. A new trial was ordered on October 1st, 2015, and Crystal Weimer was released the same day on bond after serving 11 years in prison. She was forced to wear an electronic ankle bracelet for another nine months until the judge dismissed the charges with prejudice, and she was finally exonerated in June 2016. Crystal is joined by one of her attorneys from the Pennsylvania Innocence Project, Nilam Sanghvi, in this episode.

https://www.wrongfulconvictionpodcast.com/with-jason-flom

Wrongful Conviction is a production of Lava for Good™ Podcasts in association with Signal Co. No1.

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#079 Jason Flom with Timothy Tyler Nov 20, 2018

Show notes

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 grams or more of LSD (including the weight of the carrier) on a third offense triggers a mandatory minimum sentence of life in prison. Without the mandatory minimum, Timothy would have received a sentence of 262-327 months under the federal sentencing guidelines.

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.

#078 Jason Flom with Ndaba Mandela Nov 12, 2018

Show notes

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.

#077 Jason Flom and Lara Bazelon with Tony Wright Oct 30, 2018

Show notes

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-flom

Wrongful Conviction is a production of Lava for Good™ Podcasts in association with Signal Co. No1.

See omnystudio.com/listener for privacy information.

#076 Jason Flom with Doug DiLosa and Chris Pourciau on Amendment 2 Oct 22, 2018

Show notes

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 wrongfully convicted of second-degree murder in 1987 and sentenced to life in prison without the possibility of parole with less than a unanimous consensus of his guilt. Based on the information and evidence Doug was able to gather on his case, in 2000 the Federal Court reversed his conviction and he was released from prison in January of 2001. For more information about his case please listen to Doug DiLosa’s first interview on Wrongful Conviction in Season 1.

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.

#075 Jason Flom with Sadhguru Oct 15, 2018

Show notes

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.

#074 Jason Flom with Rafael Madrigal Oct 09, 2018

Show notes

On July 5, 2000, Ricardo Aguilera was shot and wounded in a gang related drive-by shooting in Los Angeles, California. Several witnesses identified 25-year-old Rafael Madrigal Jr. in a photo lineup as either the shooter or driver of the car involved. Those witnesses testified against Rafael at trial.

Rafael, who maintained his innocence throughout the ordeal, had been at work at Proactive Packaging, a 50-minute drive away, at the time of the shooting. A co-worker could have confirmed his alibi, and his boss could have testified that he was certain Madrigal was at work because he was the only one who knew how to operate one of the machines in the production line. But Rafael’s defense attorney only called a single co-worker to the stand at the trial, and did not present a recording of Rafael’s co-defendant admitting that Rafael was not involved.

On January 18, 2002, a jury convicted Rafael of attempted murder and he was sentenced to 53 years to life in prison.

Wrongful Conviction is a production of Lava for Good™ Podcasts in association with Signal Co. No1.

See omnystudio.com/listener for privacy information.

#073 Jason Flom with Damien Echols (Live from the Church of Rock and Roll) Oct 01, 2018

Show notes

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. Following a 2010 decision by the Arkansas Supreme Court regarding newly produced DNA evidence and potential juror misconduct, the West Memphis Three negotiated a plea bargain with prosecutors. After serving more than 18 years in prison, all three of the WM3 took the Alford Plea, which meant that the state of Arkansas admitted no wrongdoing. While in prison, Damien was ordained into the Rinzai Zen Buddhist tradition. Today he teaches classes on Magick around the country and works as a visual artist. He and wife Lorri live in New York City with their three cats. He is the author of High Magick: A Guide to the Spiritual Practices That Saved My Life on Death Rowand the *New York Times *bestseller Life After Death and Yours For Eternity(with his wife Lorri Davis). This episode was recorded live in front of a studio audience at the opening of The Church of Rock & Roll.

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.

#072 Jason Flom with Noura Jackson - RE-RELEASE Sep 24, 2018

Show notes

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.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.

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