Guilty Until Proven Guilty
- Description
- Reviews
- Citation
- Cataloging
- Transcript
GUILTY UNTIL PROVEN GUILTY explores Louisiana’s criminal justice system through the story of Tim Conerly, a young African-American man who was arrested in the wake of an armed robbery in New Orleans and waited 28 months for a trial for a crime he says he did not commit. After more than two years in the Orleans Parish Jail, Conerly must choose between accepting a plea bargain of seven years or risking a sentence of 49½ to 198 years if he is convicted at trial. It’s a choice that no human being should have to make...and one that someone with more resources could almost certainly avoid having to make.
Citation
Main credits
Moses, Harry (film director)
Moses, Harry (film producer)
Moses, Harry (screenwriter)
Moses, Harry (narrator)
Usher (on-screen participant)
Other credits
Original score, Terence Blanchard; director of photography, Bruce Anderson; editor, Adam Zucker.
Distributor subjects
Rce and Racism, Civil Rights, Human Rights, Criminal Justice, Criminal Law, Crime and CriminalsKeywords
WEBVTT
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Before you can fix something that\'s broken.
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You need to understand how it works.
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Hi I\'m Usher and the documentary
you\'re about to see
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takes a hard look at the criminal justice
system that\'s almost beyond repair.
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Prosecutors seeking harsher
sentences public defenders with
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hundreds of clients each inmate
spending years in jail before trial
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Stories like this happened
every day in cities across
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America including the one
where this story takes place.
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New Orleans Louisiana where the
good times roll except for crime.
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We decided to take a look at
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the criminal justice system in the state
that leads the nation in imprisonment.
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No mean feat when America\'s
rate of incarceration leaves
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But this story isn\'t about statistics.
It\'s about race.
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And about one young man
who had been navigating
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the criminal justice system
for almost half his life.
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I you have the Beale Viking you have
the Beale soldiers to survive And
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this is serious you\'re not
a soldier not a Vijay.
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Madness will break you in half.
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When we first met Tim con
early in 2016 he was in
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the Orleans Parish jail awaiting trial for
an armed robbery he says he did not commit
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The jail holds more than 1400 prisoners.
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Nearly all of them black.
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Tombs public defender.
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His will Snowden.
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I came to New Orleans to be part of the
Orleans public defenders to fight for people.
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For me it\'s very difficult to
continuously see black man in
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orange jumpsuit and silver chains with
orange sandals on shuffling their feet.
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I don\'t know what slavery sounds like.
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But when you hear those
chains rustling through
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the courtroom and filing
in and sitting down.
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And those people look like me.
It\'s personal
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I hope you\'ll wonder what
our goal do backyard.
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I\'m Sam beer I\'m me and a lag doll.
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1819 I was at a deep only come
off for four hours a day.
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And I\'m saying it\'s crazy.
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Dusk in the French Quarter and makeup
for tourists send a magnet for
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petty cab drivers like Tony shuffling who
was always on the lookout for customers.
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I was riding a petty cab down bn
Beale Street and as I was crossing
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bourbon three passengers flag me down asked
if they could have a ride. I said they could
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And we started doing a couple of
loops around the French Quarter.
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Medicare problem claiming
that he got wrong.
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Replay males at the corner
of the bill and re-import.
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It was a violent crime.
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Shuffled was hurt.
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And one of his passengers was taken to
the hospital or doctor who started their
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caloric and during one of the suspects
had stolen the passengers credit card.
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You\'d also taken shift looks iPhone
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Which have a GPS tracker on it.
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The man who dropped shift
looks phone was Robert pool.
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The police also detained
Tim counter Lee who
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was walking down the street
about 15 feet away from
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pool holies whip up home
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somebody Hey what are you doing could
do just get up and get the calm like.
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I got no problem with that.
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Surge meta Huan Lai Miao was going on.
He lie.
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We\'re going to tell you in a
Minnesota had called me the
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tame me and drove me in a
bag and pull these call.
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These is picked me up as a random person.
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Grappling with the police put
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commonly and pool in handcuffs
and shine a spotlight on them.
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One at a time the passengers and
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their petty cab driver quickly
identified the two as their assailants.
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Caught early and pool were
arrested and taken into custody.
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Detective interrogated pool
who confessed to the crime
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and would eventually accepted
a plea bargain of 15 years.
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You go guys so foia
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if nobody
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nobody nobody had moveon.
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Alright almost obvious about xi right now.
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What did go downstairs you can speak there.
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So Connally was officially
charged with armed robbery.
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He would remain in jail for
more than two years before
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the criminal justice system would give him
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an opportunity to tell his
side of the story until then
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all he could do was bemoan the
circumstances that got him here.
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Dwarf fit the description I don\'t know.
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But they\'re looking for a young black
male right you\'re a young black man
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right is the criminal justice system
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in your opinion inherently unfair
to poor people to black people.
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Here in New Orleans. No
Leon Kennedy 0 first strand
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for New Orleans District Attorney in 2008
on a platform that was tough on crime.
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Violent crime spiraling out of control
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It\'s made a total commitment to fight.
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Kinda 0 is now serving
his second term as DA.
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I am declaring war on
the criminal element of
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the city on the platform
he ran on hasn\'t changed.
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Neither has the crime rate.
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This is a city right now where we have
in 2017 hand over 600 shootings and
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killings had over 500 reported and
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unreported armed robberies and
literally hundreds of sexual assaults.
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This is a very dangerous and
a very violent community.
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There\'s a lot of bad stuff happening
in the city of New Orleans
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But according to defense attorney and
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City Council President Jason
Williams New Orleans crime rate
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is only part of the equation.
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What\'s left out Williams says
is that Ken Azara accepts
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nearly 90% of the cases brought
to him by the police were on
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a consent decree and the city of
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New Orleans where the federal
government that Department of Justice
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has said that our police department is
flawed and has problems in it has issues.
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Specifically the Justice Department
said the NOP D engaged in patterns of
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misconduct that violate the constitution
including discriminatory policing
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On the basis of race at a time when the
Department of Justice is saying that
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our police department is more fluid than
any other in the country or in the state.
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He\'s saying that they\'re right.
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90% of the time.
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I have a great deal of confidence
in the police department for
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the city of New Orleans I
challenge anyone to take a case
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that we have accepted and come
and tell me whether or not you
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think we were overzealous in our efforts
to accept a charge against someone.
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We\'re going to have a
conversation today about
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our criminal justice system will Snowden is
often invited to lecture on criminal justice.
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Here he\'s speaking to a high
school civics class about
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his client Jim Connelly
the evidence in the case.
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These individuals get robbed
in the French Quarter.
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The police are looking for two black
males and when they hit the corner they
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see the guy with the phone and they
see my guy Tim five yards in front.
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When I look at person number one
they just saw him with the iPhone.
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And they searched him they find
objects from the wallet that debit
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cards and a receipt from an ATM
Tim he doesn\'t have the gun.
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He doesn\'t have any phone.
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It doesn\'t have any debit cards.
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He doesn\'t have any other people\'s ideas.
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He doesn\'t have any property from them.
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It doesn\'t have anything on him that\'s
associated him with that armed robbery.
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But he fits the description.
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The description being a black mu.
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I don\'t think any nypd detective
or any NLP officer would
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knowingly and intentionally be part of
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investigation that\'s going
to imprison innocent person.
00:09:38.995 --> 00:09:43.178
But I do know that in a response to
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violent crime they want to be able to
show a crime and arrest and a conviction.
00:09:48.925 --> 00:09:52.539
And unfortunately Tim was put
into that scenario to be part of
00:09:52.540 --> 00:09:58.689
that equation where the police were able to
close a case instead of solving a crime.
00:09:58.690 --> 00:10:03.959
Con really spent 28 months of his
life in the Orleans Parish jail
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Waiting for a trial that was
always just around the corner.
00:10:08.600 --> 00:10:12.828
When you\'re accepting 90%
of the cases that are
00:10:12.829 --> 00:10:17.854
presented by the police department
you\'re over inflating the court docket.
00:10:17.855 --> 00:10:21.439
And you are burdening the court
dockets such that you have
00:10:21.440 --> 00:10:27.469
so many cases coming every single day
that you can\'t get through them.
00:10:27.470 --> 00:10:33.799
The backlog also affects the Orleans public
defenders office and those they represent.
00:10:33.800 --> 00:10:38.389
85% of everyone arrested
and charged with a crime.
00:10:38.390 --> 00:10:44.449
As my case loads grew me my first-year
second-year 30 years my case kept on ballooning.
00:10:44.450 --> 00:10:46.473
I came to understand that
00:10:46.474 --> 00:10:49.039
I was given so many cases that I was
00:10:49.040 --> 00:10:51.994
no longer able to be the public defender.
I thought I was going to be.
00:10:51.995 --> 00:10:58.818
What\'s the workload of the average
public defender to high how
00:10:58.819 --> 00:11:03.079
high well when I was a Level
two attorney which is kinda
00:11:03.080 --> 00:11:07.399
like lower-level felony cases
into levels three cases.
00:11:07.400 --> 00:11:08.809
I think I got up to about
00:11:08.810 --> 00:11:16.810
a 80800080 cases a 180 clients a 180
people that I was responsible for.
00:11:17.075 --> 00:11:20.449
You can\'t be responsible for a 180 people.
It\'s impossible.
00:11:20.450 --> 00:11:23.284
It\'s borderline unconstitutional.
00:11:23.285 --> 00:11:25.398
In these quarters
00:11:25.399 --> 00:11:28.639
The sixth Amendment of the
Constitution which guarantees
00:11:28.640 --> 00:11:33.019
the right to a speedy trial
is regularly overlooked.
00:11:33.020 --> 00:11:37.249
Gear. The weight is often
measured in years.
00:11:37.250 --> 00:11:43.410
When we met Halbert Adams the 11 months
he\'d been here felt a lot longer.
00:11:43.870 --> 00:11:48.409
It feels like the term is gone
backwards light but hasn\'t o\'clock.
00:11:48.410 --> 00:11:54.229
I\'m not spinning for his hair and find a
self her tutor years still at day one.
00:11:54.230 --> 00:11:59.449
And there\'s no progress. And I just
prayed day My time is not that loan here.
00:11:59.450 --> 00:12:04.230
Because honestly I don\'t have an
immune to doing them one time.
00:12:04.660 --> 00:12:07.504
Neither did Tim Connor Lee
00:12:07.505 --> 00:12:12.540
Who one day decided he didn\'t
want to face and other Tomorrow.
00:12:12.700 --> 00:12:18.694
I was sitting in my cell and I which is gone
to the tells like Man I\'m number going ONE.
00:12:18.695 --> 00:12:23.989
A cane builds is no most slots took a
sheet that was in my cell and I tied it
00:12:23.990 --> 00:12:29.404
up on a bores they help slide slide bars
that tied it to the top would have boars.
00:12:29.405 --> 00:12:33.378
And I\'d from the points holiday it would
it wrapped around my neck and I don\'t
00:12:33.379 --> 00:12:38.269
want to jump started choking me all I
remember is just meet blacked out.
00:12:38.270 --> 00:12:39.904
I went out blacked out.
00:12:39.905 --> 00:12:42.330
I woke up in a hospital.
00:12:45.070 --> 00:12:49.714
Van. Tim was put on suicide watch.
00:12:49.715 --> 00:12:53.959
You\'re in a smart. You\'ll
have any underclothes zone
00:12:53.960 --> 00:12:57.589
you\'d Nike or like a
street Jackie right now.
00:12:57.590 --> 00:13:00.289
So you will home yourself into the cell.
00:13:00.290 --> 00:13:01.804
And I have no tissue.
00:13:01.805 --> 00:13:05.179
You have soap to brush not day.
00:13:05.180 --> 00:13:07.939
You\'ll have a blank uses
that match was and is
00:13:07.940 --> 00:13:11.749
freezing cold and epsilon i
said enough with three months.
00:13:11.750 --> 00:13:15.409
And it\'s designed to crack you mentally as
00:13:15.410 --> 00:13:19.474
feverishly and test your
faith and religion inches.
00:13:19.475 --> 00:13:20.989
It breaks you down as a person.
00:13:20.990 --> 00:13:23.269
So when you feel like you\'re less of
00:13:23.270 --> 00:13:31.270
human sand here is you\'re guilty
until proven guilty. And IT
00:13:31.924 --> 00:13:35.088
Seems like desk awareness is innocent until
00:13:35.089 --> 00:13:39.184
proven guilty and not here as
guilty until proven guilty.
00:13:39.185 --> 00:13:44.524
Innocent people get convicted
of crimes all the time.
00:13:44.525 --> 00:13:50.164
Especially in this country black
men get convicted of crimes.
00:13:50.165 --> 00:13:53.209
They could not have committed all the time.
00:13:53.210 --> 00:13:58.879
Anyone that suggest that that is not
happening and it has not happened in
00:13:58.880 --> 00:14:06.880
this south is blind and is ignoring the
simple history of the state of Louisiana
00:14:14.950 --> 00:14:18.964
These men were all found
guilty of violent crimes.
00:14:18.965 --> 00:14:25.459
They did not commit. All were freed after
spending years of their lives in prison.
00:14:25.460 --> 00:14:29.449
Is often Johnson who was
exonerated after 15 years
00:14:29.450 --> 00:14:33.378
when DNA testing showed
that he was not the rapist
00:14:33.379 --> 00:14:37.579
is microwave ovens who was
exonerated often spending
00:14:37.580 --> 00:14:42.259
16 years in prison for matter
that he didn\'t commit.
00:14:42.260 --> 00:14:48.274
Allen coat case that 11 years
in prison for rape. In doing.
00:14:48.275 --> 00:14:51.708
Emily Ma is a lawyer who for 13 years ran
00:14:51.709 --> 00:14:56.659
the Innocence Project New Orleans IP
known for short. Elvis transplant
00:14:56.660 --> 00:15:00.424
Britain got here is a story in itself.
00:15:00.425 --> 00:15:06.559
I came as an undergraduate because I had
been studying international human rights law
00:15:06.560 --> 00:15:09.198
and we were studying really
00:15:09.199 --> 00:15:13.429
the criminal justice system in the United
States particularly the death penalty.
00:15:13.430 --> 00:15:16.789
And I didn\'t realize that there was
00:15:16.790 --> 00:15:20.854
a death penalty in the United States
always write very young very naive.
00:15:20.855 --> 00:15:23.359
And a friend of mine had just set up.
00:15:23.360 --> 00:15:25.069
Innocence Project. You wanted.
00:15:25.070 --> 00:15:26.989
She said come and work here.
00:15:26.990 --> 00:15:29.854
And that was about 15 years ago.
00:15:29.855 --> 00:15:35.299
And I\'ve remained that the Innocence
Project of New Orleans since that.
00:15:35.300 --> 00:15:38.583
Because the cause
00:15:38.584 --> 00:15:42.019
such a need for what we were doing.
00:15:42.020 --> 00:15:48.919
Since 2001 EP knows work has led to the
release of more than 30 people for crimes.
00:15:48.920 --> 00:15:51.363
They were wrongfully convicted of
00:15:51.364 --> 00:15:56.359
planets that we have freed or exonerated where
young black men when they were arrested.
00:15:56.360 --> 00:16:00.064
And they were all given trials
where the presentation of evidence
00:16:00.065 --> 00:16:04.489
lasted for less than a day
before they were convicted.
00:16:04.490 --> 00:16:07.818
Often in non unanimous jury
verdicts and sent away to
00:16:07.819 --> 00:16:11.269
prison for the rest of
that law and how much
00:16:11.270 --> 00:16:19.270
time collectively did all of these
people spend a precedent 655 years
00:16:20.110 --> 00:16:25.579
20 of those years belonged to Jerome
Morgan who was innocent of a murder.
00:16:25.580 --> 00:16:29.899
He was in prison for at
the age of 17 Morgan now
00:16:29.900 --> 00:16:36.450
cones and operates this barber shop in
the South seventh ward of New Orleans.
00:16:36.580 --> 00:16:40.199
I got wrongfully arrested October seventh.
00:16:40.200 --> 00:16:43.579
1993 and I eventually got a wrongfully
00:16:43.580 --> 00:16:48.289
convicted and sentenced to spend the rest
of my life in prison and Angola Prison.
00:16:48.290 --> 00:16:53.989
And so it\'s a 20 years before I was able
to get a chance to prove my innocence
00:16:53.990 --> 00:16:55.894
Another IP no client.
00:16:55.895 --> 00:17:00.229
Robert Jones was imprisoned for 23 years.
00:17:00.230 --> 00:17:03.469
The damage that was done to us but you
00:17:03.470 --> 00:17:06.799
convicted him convicted knows for
crime that we didn\'t commit.
00:17:06.800 --> 00:17:09.814
It\'s taken all those yields.
Our life is in rubber.
00:17:09.815 --> 00:17:12.619
You know isn\'t right but
you can\'t repair to.
00:17:12.620 --> 00:17:15.439
We lost family loves loves.
00:17:15.440 --> 00:17:18.288
We didn\'t bet ahead on
tau was sanity you know
00:17:18.289 --> 00:17:21.348
what I me but what people
don\'t realize and him is
00:17:21.349 --> 00:17:24.109
countries that Louisiana is ground 0 for
00:17:24.110 --> 00:17:28.444
all the ills that we suffer
in this way a stone it.
00:17:28.445 --> 00:17:32.224
And this was rooted and
everything else film from.
00:17:32.225 --> 00:17:36.094
For decades we have had a system that\'s
00:17:36.095 --> 00:17:39.709
Rules and laws on the books
that are vestiges of Jim Crow.
00:17:39.710 --> 00:17:42.034
I mean we can start with
unanimous jury verdicts.
00:17:42.035 --> 00:17:46.639
In 1898 there was a constitutional
convention where a 138 white delegates got
00:17:46.640 --> 00:17:48.828
together essentially trying
to figure out what they were
00:17:48.829 --> 00:17:51.574
going to do with this newly
freed slave population.
00:17:51.575 --> 00:17:54.678
When we look at the transcript
the words were the purpose of
00:17:54.679 --> 00:17:58.324
this convention is to promote the
supremacy of the white race.
00:17:58.325 --> 00:18:00.499
A product of that convention or
00:18:00.500 --> 00:18:05.389
not unanimous jury verdicts that were created
to make it easier to convict black folks.
00:18:05.390 --> 00:18:12.469
Today Louisiana only requires a chem two
verdict to convict in most felony trials.
00:18:12.470 --> 00:18:18.424
One of only two states in the country
to allow non unanimous jury verdicts.
00:18:18.425 --> 00:18:22.833
What that tended to mechanism they
only have to prove their case beyond
00:18:22.834 --> 00:18:24.679
a reasonable doubt because
if there are actually
00:18:24.680 --> 00:18:28.489
two people who have Gaussian
in the case it doesn\'t matter.
00:18:28.490 --> 00:18:33.949
Which is one reason why Louisiana
is home to so many inmates.
00:18:33.950 --> 00:18:37.218
I didn\'t think it\'s news to
anyone that Louisiana has
00:18:37.219 --> 00:18:41.149
the highest per capita rate of
incarceration in the world.
00:18:41.150 --> 00:18:44.568
We have the highest per
capita rate of people serving
00:18:44.569 --> 00:18:47.988
life without parole in the
United States that it has
00:18:47.989 --> 00:18:51.754
a history of trying to keep black people
00:18:51.755 --> 00:18:55.999
out of the criminal justice
system except as defendants.
00:18:56.000 --> 00:19:00.888
And it has a legacy of slavery and
Jim Crow that is everywhere you look
00:19:00.889 --> 00:19:04.740
Today most notably its prisons.
00:19:06.790 --> 00:19:12.049
That legacy weighs heavily on 2m
Connor Lee who was dispatched from
00:19:12.050 --> 00:19:17.569
the Orleans Parish jail to Dixon
Correctional Institute in Jackson Louisiana.
00:19:17.570 --> 00:19:21.210
Another stop in a hard life.
00:19:22.600 --> 00:19:29.134
I go remember bearable mom mom and
Philae was like maybe 67 years old.
00:19:29.135 --> 00:19:32.344
Today OCS just came snatch.
00:19:32.345 --> 00:19:39.154
Ocs stands for what all of his community serves
a beach so me and my younger brother eats
00:19:39.155 --> 00:19:45.169
But from school to school
together DDS is smashed both was.
00:19:45.170 --> 00:19:50.238
Did they tell you why Tim who was
00:19:50.239 --> 00:19:55.249
removed from a troubled home was then
taken to his new foster parents.
00:19:55.250 --> 00:20:00.414
For a suddenly motherless six-year-old
the adjustment was wrenching.
00:20:00.415 --> 00:20:03.199
Wanted that got done sort of P balls.
00:20:03.200 --> 00:20:06.319
There was like management you will
be staying where I took all Brennan.
00:20:06.320 --> 00:20:10.459
No I don\'t want us through which I
don\'t even know you owe me what
00:20:10.460 --> 00:20:14.929
my mama a try to force me to
call on a mommy and daddy.
00:20:14.930 --> 00:20:17.913
It\'s just not gonna work over night
00:20:17.914 --> 00:20:22.699
But he also took care of me today
give me a lot of things and covers.
00:20:22.700 --> 00:20:26.329
So my light beam from the farm grown-up
00:20:26.330 --> 00:20:33.859
struggling Franklin Louisiana where
Tim spent his first six years.
00:20:33.860 --> 00:20:37.068
He lived on this road and a
house that has since burnt
00:20:37.069 --> 00:20:41.614
down Tim and his brothers
let a hardscrabble life.
00:20:41.615 --> 00:20:45.228
None on our food little
money for clothes and an
00:20:45.229 --> 00:20:49.264
absentee father Tim to
this day has not met.
00:20:49.265 --> 00:20:52.474
James foster parents gave him stability.
00:20:52.475 --> 00:20:56.779
But at the age of 12 he began to rebel.
00:20:56.780 --> 00:21:00.168
From agrees is thought is slack No
00:21:00.169 --> 00:21:03.348
And May on a cake Lima
forcing terms on a kid
00:21:03.349 --> 00:21:06.904
like that to make sure you go to
school you don\'t want to school.
00:21:06.905 --> 00:21:08.344
Don\'t seek just from you.
00:21:08.345 --> 00:21:10.504
Rounded is noodle me on.
00:21:10.505 --> 00:21:15.304
And I come from a neighbor
who we\'d all get grounded.
00:21:15.305 --> 00:21:18.649
We don\'t get says says we
don\'t give well none today.
00:21:18.650 --> 00:21:21.304
So they sent him to a military school.
00:21:21.305 --> 00:21:23.434
They hoped would straighten him out.
00:21:23.435 --> 00:21:28.204
Now my first dado a Shou
Mai able Come on Brazil
00:21:28.205 --> 00:21:33.229
for shaving cream won a flu a Mamie do
push ups ahead will be my last command.
00:21:33.230 --> 00:21:36.019
You telling me jump Michelle
would jump on his show.
00:21:36.020 --> 00:21:38.538
Jumping is shall we jump out this
shell with three different people
00:21:38.539 --> 00:21:41.989
telling me that I got OB
MATLAB commands in there.
00:21:41.990 --> 00:21:47.419
A year later as Tim was about to
graduate the unexpected happened.
00:21:47.420 --> 00:21:53.779
The day of my graduation MOM my biological
popped up was like coming along with me.
00:21:53.780 --> 00:21:57.709
I\'ve been gone over the years and NOM
drone and we\'re young and adult on.
00:21:57.710 --> 00:22:03.949
131213 now so I don\'t know
what it\'s all about eggs.
00:22:03.950 --> 00:22:06.978
We don\'t have a mother\'s some bond
or more because I\'ve been gone
00:22:06.979 --> 00:22:10.759
distant away from you these
people to view and please.
00:22:10.760 --> 00:22:13.924
Because Tim\'s mother was working nights.
00:22:13.925 --> 00:22:17.539
He started spending more and
more time on the street.
00:22:17.540 --> 00:22:23.524
At 40 years old I started running whatever
crowded dues like 1920 years old.
00:22:23.525 --> 00:22:27.858
They like to move on to advance
for my 0s a move like a
00:22:27.859 --> 00:22:35.790
7080 year old and I\'m third seafood senior
x2 a soul drugs people to get what.
00:22:36.820 --> 00:22:43.189
Tim got into trouble when his
friends shot someone Tim was there.
00:22:43.190 --> 00:22:47.659
And now we\'ll pick double guy and
none of that I just was with Dell AGA
00:22:47.660 --> 00:22:52.039
full years of red on an
assessor its cell mass thought.
00:22:52.040 --> 00:22:54.364
A serious charge to be sure.
00:22:54.365 --> 00:22:57.244
Let the authorities were
willing to let Tim go.
00:22:57.245 --> 00:23:00.334
If he was willing to say
who pulled the trigger
00:23:00.335 --> 00:23:04.099
leads for me about salary amount and go
home but that would have been all my cat.
00:23:04.100 --> 00:23:06.064
It\'s because I\'m now gonna sell on Luba.
00:23:06.065 --> 00:23:11.209
What is right or wrong Hello
burnished Rico read or nothing.
00:23:11.210 --> 00:23:12.649
You here you don\'t here.
00:23:12.650 --> 00:23:17.508
You see you don\'t see Jim Payne
for his silence by spending
00:23:17.509 --> 00:23:23.389
the next four years in juvenile prison
where he graduated with his GED.
00:23:23.390 --> 00:23:26.749
And when I come home and mom is
still big and I\'m 13 fluency.
00:23:26.750 --> 00:23:28.474
I\'m not a baby anymore.
00:23:28.475 --> 00:23:31.729
Those are being gold seniors actually live.
00:23:31.730 --> 00:23:35.749
No. I\'m wrong with shoes
thinking thinking I\'m there 56
00:23:35.750 --> 00:23:41.179
you know prison raised me right
this really reason you own you.
00:23:41.180 --> 00:23:43.309
Why am I\'m like you Noah
00:23:43.310 --> 00:23:48.484
A meta spree of my week so I\'m just
about to get away from everybody momma.
00:23:48.485 --> 00:23:51.450
Everybody mother golden age in my life.
00:23:51.700 --> 00:23:57.919
At the age of 18 Tim said goodbye to his
mother and took off for New Orleans.
00:23:57.920 --> 00:24:02.550
It wasn\'t the place you see
in the picture postcards.
00:24:03.430 --> 00:24:09.559
Goals alone only streets
deliver from day to day.
00:24:09.560 --> 00:24:13.800
I\'m sleep AOL del bene house
is under the breathes.
00:24:14.260 --> 00:24:17.148
No it didn\'t lunch for me everything I did
00:24:17.149 --> 00:24:21.889
a Dilma home always in only
soda on CPU must self bill.
00:24:21.890 --> 00:24:25.548
But we all know that we
passed some connection
00:24:25.549 --> 00:24:30.049
The criminal system the shoulder
Tim went to his covenant house an
00:24:30.050 --> 00:24:35.419
agency serving homeless youth as it\'s assumes
case manager then we\'re simply afoot.
00:24:35.420 --> 00:24:38.448
And we\'re gonna leave like we
always do anyone who wants
00:24:38.449 --> 00:24:41.434
to pray this morning and
the circle is close.
00:24:41.435 --> 00:24:46.608
Anybody else out here that wants to pray I
can remember when he came to me the first
00:24:46.609 --> 00:24:49.369
time and he\'s just kind of look
up at me and I was like yeah
00:24:49.370 --> 00:24:52.324
I\'m talking about you and he comes over.
00:24:52.325 --> 00:24:55.474
And then we go into the office
wants to come into the program.
00:24:55.475 --> 00:24:57.198
We go into the office
and you have a private
00:24:57.199 --> 00:24:59.644
tall and kind of liked his
head as he had done a said.
00:24:59.645 --> 00:25:03.289
One thing you do when you talk to them mama
you gotta look with straight in the face.
00:25:03.290 --> 00:25:05.404
So she\'ll know just
what\'s going on with you.
00:25:05.405 --> 00:25:07.279
I don\'t know if you need
help with something.
00:25:07.280 --> 00:25:11.674
Is there something going on he\'s I know
ma\'am I\'m doing okay I just want a job.
00:25:11.675 --> 00:25:13.909
I just won\'t be able to
work and just get a job.
00:25:13.910 --> 00:25:16.189
You know I just think he has
some things going on with
00:25:16.190 --> 00:25:18.769
him but he wasn\'t willing
to talk about those things.
00:25:18.770 --> 00:25:22.189
And I don\'t remember much about
his family and background on
00:25:22.190 --> 00:25:25.639
his family but as far as our family and
00:25:25.640 --> 00:25:33.304
never had mix signals of being disrespectful
he just always literally press than a loss.
00:25:33.305 --> 00:25:36.424
This is folks ask us what happened to Jim.
00:25:36.425 --> 00:25:38.599
After he left Covenant House
00:25:38.600 --> 00:25:41.730
She was saddened by the news.
00:25:41.950 --> 00:25:48.424
And just to hear that is a hardened on
my heart that he has signaled to listen.
00:25:48.425 --> 00:25:51.079
And they have any family
member that be there for him.
00:25:51.080 --> 00:25:54.649
I can just imagine that
right now but oh my gosh
00:25:54.650 --> 00:26:02.434
it\'s so easy to dismiss young people.
00:26:02.435 --> 00:26:05.284
Like Tim counter like it is.
00:26:05.285 --> 00:26:07.219
I mean look at his life.
00:26:07.220 --> 00:26:09.544
From day one he didn\'t win.
00:26:09.545 --> 00:26:14.028
We gotta find people that can
understand these kids and
00:26:14.029 --> 00:26:19.804
what has the time sniper faults is
half the time. It\'s not their fault.
00:26:19.805 --> 00:26:26.194
Start out with an empty bucket at a young
age and it never good field with love.
00:26:26.195 --> 00:26:32.824
Asians understanding consideration respect.
00:26:32.825 --> 00:26:34.669
It never feels with any of that.
00:26:34.670 --> 00:26:36.154
It feels with hate Sri.
00:26:36.155 --> 00:26:43.170
Dismiss. You are nobody view all the
negative and feeds into their minds.
00:26:44.860 --> 00:26:49.084
There\'s been a whole life
nobody ever gave me.
00:26:49.085 --> 00:26:51.018
I realize I coffee not
00:26:51.019 --> 00:26:56.209
the the large percentage
00:26:56.210 --> 00:27:00.754
of people who come into our criminal
justice system have no education.
00:27:00.755 --> 00:27:02.854
They have no job skills
00:27:02.855 --> 00:27:05.734
They may have a substance abuse problem.
00:27:05.735 --> 00:27:11.673
If we do not deal with those issues early
on then we are essentially creating
00:27:11.674 --> 00:27:19.674
a criminal former Angola and may
Daniel rhabdo doesn\'t see it that way.
00:27:19.745 --> 00:27:25.444
You can take a 21 you black
in 21-year-old white kid.
00:27:25.445 --> 00:27:29.119
Same chose to saying syphillis.
00:27:29.120 --> 00:27:31.054
One go into would\'ve conviction.
00:27:31.055 --> 00:27:32.718
One will end up in a situation to
00:27:32.719 --> 00:27:35.974
white Qingwen situation where
you\'ll get to step on risk.
00:27:35.975 --> 00:27:38.539
And if he stayed cool
enough and you have no
00:27:38.540 --> 00:27:42.019
more but they know they\'ll make their
half a foot or no black highlighter.
00:27:42.020 --> 00:27:44.839
Oh step and what they
conviction and ego get
00:27:44.840 --> 00:27:47.749
him into the system and continue
with them through the system.
00:27:47.750 --> 00:27:49.879
We need not go and fool ourselves.
00:27:49.880 --> 00:27:53.494
You know we live in a
society where crime exist.
00:27:53.495 --> 00:27:58.309
But the thing is that
prostitute these guys fed
00:27:58.310 --> 00:28:01.578
right alright prosecute
these guys fairly and don\'t
00:28:01.579 --> 00:28:05.880
just address the crime addressed
why to crime has happened.
00:28:06.370 --> 00:28:10.203
This difference in philosophy
comes into sharp focus
00:28:10.204 --> 00:28:13.533
every time city council
president Jason Williams
00:28:13.534 --> 00:28:17.838
faces off against District
Attorney Leon Canada\'s arrow
00:28:17.839 --> 00:28:21.934
Dotted line is coming here and continuing
00:28:21.935 --> 00:28:25.909
with the same irresponsible
fear mongering or not.
00:28:25.910 --> 00:28:27.049
He had a fear monger.
00:28:27.050 --> 00:28:32.329
Anybody go look at the statistics on the
crime rates in the Cerda six because you
00:28:32.330 --> 00:28:34.969
will not turn over your
data and you actually
00:28:34.970 --> 00:28:38.044
ran again I\'ll write against
him and Martha what happened.
00:28:38.045 --> 00:28:41.374
A loss a loss to him was third in the race.
00:28:41.375 --> 00:28:45.499
My philosophy at that time was that
we needed to be smarter on crime.
00:28:45.500 --> 00:28:51.829
Putting people in jail for as many years as
you can get as a prosecutor has not proven as
00:28:51.830 --> 00:28:55.849
a crime reduction strategy or is a good
crime reduction strategy and I sit here
00:28:55.850 --> 00:29:00.904
any other kinda zeros zeal
sometimes exceeds his authority.
00:29:00.905 --> 00:29:04.249
In an effort to get reluctant
witnesses to come forward.
00:29:04.250 --> 00:29:09.544
He used the subpoena which looked
like the real thing. But our fake.
00:29:09.545 --> 00:29:14.299
What did you do that it was
00:29:14.300 --> 00:29:19.548
a practice that had been in existence
in Orleans Parish in in the state of
00:29:19.549 --> 00:29:24.214
Louisiana since 1926 we would
send them that notice to
00:29:24.215 --> 00:29:29.164
ask them to come into the office to meet
with us and talk with us about the case.
00:29:29.165 --> 00:29:32.478
Well it\'s more than ask I mean what\'s
the scare tactic essentially to
00:29:32.479 --> 00:29:36.094
get people in that you couldn\'t figure
out any other way to get them in.
00:29:36.095 --> 00:29:42.363
We have now modified our practices and
we have not used it for now over a year
00:29:42.364 --> 00:29:48.229
Kinda zeros fall back Material witness
warrant issued by a judge that
00:29:48.230 --> 00:29:51.589
authorized the DA\'s office
to jail witnesses who won\'t
00:29:51.590 --> 00:29:55.099
go operate even if they
were victims of rape.
00:29:55.100 --> 00:29:59.329
If I have to put a victim
of a crime in jail for
00:29:59.330 --> 00:30:03.978
eight days in order to keep the rapist
and that\'s what the charge was in
00:30:03.979 --> 00:30:08.959
order to keep the rapist off of
out of on off of the streets for
00:30:08.960 --> 00:30:11.718
a period of years and to prevent him from
00:30:11.719 --> 00:30:15.469
raping or harming someone
else I\'m going to do that.
00:30:15.470 --> 00:30:17.659
Gamma 0 is convinced that
00:30:17.660 --> 00:30:22.173
his unyielding approach to criminal
justice is sending a message
00:30:22.174 --> 00:30:29.029
In the case of Cori lab who faced imprisonment
for possessing half an ounce of marijuana.
00:30:29.030 --> 00:30:34.534
I was on my way home with a bag of
marijuana that I was going to smoke.
00:30:34.535 --> 00:30:39.859
And we got pulled over and I got arrested.
00:30:39.860 --> 00:30:44.614
And I want to do half an ounce f unknowns.
00:30:44.615 --> 00:30:48.394
Because this was Cory\'s
third marijuana offense.
00:30:48.395 --> 00:30:52.564
The law at the time made
long sentences possible.
00:30:52.565 --> 00:30:58.639
You told me that even if it was
like you would have thought you
00:30:58.640 --> 00:31:04.669
wanted the trial definitely my little
girl was born while I was incarcerated.
00:31:04.670 --> 00:31:07.039
And 20 years she would
have been 20 years old.
00:31:07.040 --> 00:31:11.659
So what or I have you know I mean
it was just it was killing me.
00:31:11.660 --> 00:31:15.960
And so I just said it\'s all or nothing.
00:31:16.300 --> 00:31:20.974
Cory took the gamble
went to trial and lost.
00:31:20.975 --> 00:31:22.608
But because of something called
00:31:22.609 --> 00:31:26.688
the habitual offenders statute
which increases the harshness of
00:31:26.689 --> 00:31:29.718
sentencing for those with
a prior conviction he
00:31:29.719 --> 00:31:34.159
found himself facing up
to 40 years in prison.
00:31:34.160 --> 00:31:39.199
Can you explain to our audience what the
00:31:39.200 --> 00:31:44.104
habitual offender statute as it\'s also
known I think as the multiple bill.
00:31:44.105 --> 00:31:50.959
Yes what does that what does that do that
allows the district attorney to file
00:31:50.960 --> 00:31:55.128
additional charges against
someone if he or she has
00:31:55.129 --> 00:32:00.259
previous felony convictions
within a set period of time.
00:32:00.260 --> 00:32:05.599
And Corey had been convicted of two
other drug possession charges.
00:32:05.600 --> 00:32:11.809
I got pulled over one time I had a pain pin
them up on a pole over different time.
00:32:11.810 --> 00:32:15.199
Ahead two hits LSD I was
going to a concert.
00:32:15.200 --> 00:32:20.374
So the DA filed a multiple bill
and Corey got the 20 years.
00:32:20.375 --> 00:32:24.139
He\'d been dreading. Never
anytime has a state.
00:32:24.140 --> 00:32:26.599
I\'ve offered me a drug
rehabilitation program
00:32:26.600 --> 00:32:29.419
no type badhealth We\'re so I\'ll
feel like because I don\'t have
00:32:29.420 --> 00:32:36.889
the money to hire a $10 thousand lower
that would get me these programs.
00:32:36.890 --> 00:32:40.200
I felt like they weren\'t trying to help me.
00:32:40.480 --> 00:32:46.309
In 2015 Louisiana dramatically
reduced sentences for marijuana.
00:32:46.310 --> 00:32:50.794
With 5.5 years already served
kinda Xero decided that
00:32:50.795 --> 00:32:55.999
Corey had rehabilitated himself and
supported his release from prison.
00:32:56.000 --> 00:33:00.540
It is now reunited with his daughter.
00:33:00.940 --> 00:33:03.679
And I got a good job.
00:33:03.680 --> 00:33:06.259
I\'m saving up money I\'ve
purchased a vehicle.
00:33:06.260 --> 00:33:12.079
I was able to give a nice Christmas
a ninth birthday bag a little bit.
00:33:12.080 --> 00:33:20.080
Knowing all I can to be there for to let him
know that I love doing pretty good so far.
00:33:23.020 --> 00:33:27.780
So is the case for Tim
counter Lee\'s innocence.
00:33:28.060 --> 00:33:33.259
Remember those petty camp passengers
who were certain that Tim rob them.
00:33:33.260 --> 00:33:39.378
When investigator David Kim spoke to
them their credibility took a hit
00:33:39.379 --> 00:33:46.399
One of the passengers who was actually
attacked set that there were five attackers.
00:33:46.400 --> 00:33:51.889
One of his friends another passenger
in the petty cabs at that there were
00:33:51.890 --> 00:33:54.724
exactly two people and only two people
00:33:54.725 --> 00:33:59.134
the petty cab driver was the only person
to say that there were three people.
00:33:59.135 --> 00:34:03.348
Did you ask them about what
they were wearing yes one of
00:34:03.349 --> 00:34:09.499
the witnesses he saw two perpetrators
wearing T-shirts and shorts.
00:34:09.500 --> 00:34:13.429
The one who was actually attacked
and injured during the incident.
00:34:13.430 --> 00:34:16.534
He said both of them were wearing pants.
00:34:16.535 --> 00:34:18.949
Then there was more
00:34:18.950 --> 00:34:21.724
petty cab driver Kony shuffling.
00:34:21.725 --> 00:34:24.634
I wanted to ask you about the passengers.
00:34:24.635 --> 00:34:27.814
You\'d think they were sober. No no.
00:34:27.815 --> 00:34:31.759
They weren\'t unusually drawn for the French
Quarter but they were definitely not.
00:34:31.760 --> 00:34:33.559
There were definitely not silver.
00:34:33.560 --> 00:34:40.249
Was there evidence surprisingly there
was the investigator had discovered
00:34:40.250 --> 00:34:45.229
this amazing informative selfie video
00:34:45.230 --> 00:34:50.044
of these guys and an intoxicated state
moments before this armed robbery happened.
00:34:50.045 --> 00:34:54.318
And that was so key because I thought
it\'d be important for our jury to
00:34:54.319 --> 00:35:00.029
understand that these individuals
intoxication led to Tim\'s Miss identification
00:35:11.170 --> 00:35:16.639
I\'m pretty sure everybody wanted a room
gold pretty low pretty much look the same.
00:35:16.640 --> 00:35:17.809
You have all of them black.
00:35:17.810 --> 00:35:20.164
So we I\'m saying me bid a black individual.
00:35:20.165 --> 00:35:25.399
Yeah I\'m say some Caucasian
victims bear robbed
00:35:25.400 --> 00:35:27.258
like nope I\'m pretty sure if you put
00:35:27.259 --> 00:35:30.649
any light same black people in
alarm will point went into mom.
00:35:30.650 --> 00:35:36.619
See he did. But how about Tony
shifts that he had nothing
00:35:36.620 --> 00:35:39.559
to drink that night and
he stands by his idea of
00:35:39.560 --> 00:35:43.289
Connally who he saw in
the show-up procedure
00:35:43.290 --> 00:35:48.354
It was him who was his face definitely
honored percent. No doubt in my mind.
00:35:48.355 --> 00:35:52.628
We should think to ourselves
that if Tim\'s face were put in
00:35:52.629 --> 00:35:55.418
a six person photographic lineup would
00:35:55.419 --> 00:35:59.604
the petty cab driver still be able to
pick out two that\'s not what happened.
00:35:59.605 --> 00:36:02.408
What happened was a suggested
procedure that only
00:36:02.409 --> 00:36:05.588
gave this petty cab driver one
option and that option wasn\'t
00:36:05.589 --> 00:36:08.709
handcuffs that option was
standing next to a police vehicle
00:36:08.710 --> 00:36:12.444
that option was sitting next to a
police officer with that badge net gun.
00:36:12.445 --> 00:36:15.159
And that\'s the only option
that he chose and he chose it.
00:36:15.160 --> 00:36:19.989
And the point is we all should be terrified
that someone\'s liberty can be taken
00:36:19.990 --> 00:36:23.079
away based on an intoxicated identification
00:36:23.080 --> 00:36:26.144
based on a suggestive
identification preach procedure
00:36:26.145 --> 00:36:28.008
And based on a lack of
00:36:28.009 --> 00:36:32.884
evidence bank and bottom now will have a
case and I\'ll be Tolkien tomatoes Ernie.
00:36:32.885 --> 00:36:35.659
You really feel like you know
he does some weak approve.
00:36:35.660 --> 00:36:39.119
We beat this soul Amalfi.
00:36:39.120 --> 00:36:46.383
Sas will motivates me every day on my
ma\'am looking for to Bemis case every day
00:36:46.384 --> 00:36:52.129
Convinced of his clients innocence will
Snowden chose an unusual strategy.
00:36:52.130 --> 00:36:58.474
Get the prosecution to drop Tim\'s case
by giving them that damning video.
00:36:58.475 --> 00:37:01.669
The prosecutors in know
that does video existed.
00:37:01.670 --> 00:37:05.568
And I would have loved to play
this during the trial and
00:37:05.569 --> 00:37:07.939
confirming that it was after they are
00:37:07.940 --> 00:37:10.819
seen in this intoxicated state
that they identified Tim.
00:37:10.820 --> 00:37:13.609
And I said listen your
identification is bogus.
00:37:13.610 --> 00:37:17.479
And I am going to give you
this video because I think
00:37:17.480 --> 00:37:21.829
you\'re trying to imprisonment and
innocent person didn\'t work it didn\'t.
00:37:21.830 --> 00:37:25.384
They didn\'t come back with a dismissal.
00:37:25.385 --> 00:37:28.308
And I thought well I\'ve
already demonstrated them
00:37:28.309 --> 00:37:31.684
The weaknesses that they have
in the case against him.
00:37:31.685 --> 00:37:35.884
And if they want to embrace the weaknesses
and still go forward with the trial.
00:37:35.885 --> 00:37:39.228
And then we\'re going to suit up
and go who\'s ready to go and no
00:37:39.229 --> 00:37:43.264
doubt it will ever since I first met
them like everything he\'s seen.
00:37:43.265 --> 00:37:45.618
Hugo rule would it because
I know you now gone
00:37:45.619 --> 00:37:47.929
leave me in a rolling
direction but will also
00:37:47.930 --> 00:37:52.684
told me that he\'s willing to go to
trial but TCS Your Life and listening.
00:37:52.685 --> 00:37:55.249
I think I go. When is
what he\'s up to you at
00:37:55.250 --> 00:37:57.978
the end of the day do you want to go
to trial or do you want to settle
00:37:57.979 --> 00:38:03.078
for disk if he was in fact
innocent then the proper thing
00:38:03.079 --> 00:38:05.464
for him to do is to go to trial.
00:38:05.465 --> 00:38:10.458
His lawyer in all fairness has
an ethical responsibility
00:38:10.459 --> 00:38:14.028
He believes his client
is innocent then he has
00:38:14.029 --> 00:38:20.119
an ethical responsibility to go forward
with the case and give his best efforts.
00:38:20.120 --> 00:38:23.989
It\'s incorrect improper for a lawyer to get
00:38:23.990 --> 00:38:29.299
up and plead a client guilty that
he believes didn\'t do the crime.
00:38:29.300 --> 00:38:37.300
The suggestion that if he was innocent
then he should have just gone to trial.
00:38:38.225 --> 00:38:44.553
Stands in the face of
the nameless folks that
00:38:44.554 --> 00:38:47.419
are buried in Angola State Penitentiary
00:38:47.420 --> 00:38:51.004
right now who did not commit the
crime that they\'re therefore.
00:38:51.005 --> 00:38:52.819
People generally
00:38:52.820 --> 00:38:56.239
Believe that being innocent and proving
00:38:56.240 --> 00:39:00.514
it is the key to getting out of prison.
Or they correct.
00:39:00.515 --> 00:39:05.898
You\'re smiling I\'m smiling
because it is so hard once
00:39:05.899 --> 00:39:10.909
you are convicted to prove
your innocence the process of
00:39:10.910 --> 00:39:13.383
gathering evidence to prove that you are
00:39:13.384 --> 00:39:16.699
innocent is more than most
people will ever be able to
00:39:16.700 --> 00:39:19.639
do most innocent people will die in prison
00:39:19.640 --> 00:39:22.759
or serve out their sentences without
ever having cleared that name.
00:39:22.760 --> 00:39:25.140
There\'s no question of that.
00:39:25.210 --> 00:39:28.924
That was almost Gilbert Jones\'s fate.
00:39:28.925 --> 00:39:34.653
Emily mall and they\'ve no labored for
14 years to free him from present
00:39:34.654 --> 00:39:36.469
Well the James was arrested in
00:39:36.470 --> 00:39:41.464
1972 Fern rape and abduction of a
nurse from a hospital parking lot.
00:39:41.465 --> 00:39:44.689
Four months later he was placed in a lineup
00:39:44.690 --> 00:39:48.139
at the police station and the
victim the nurse who had
00:39:48.140 --> 00:39:55.459
been abducted and raped identified wheel but
James but said that she was not a 100% set.
00:39:55.460 --> 00:39:58.290
Nevertheless he was convicted.
00:39:58.420 --> 00:40:01.639
He went to prison for the rest of his life.
00:40:01.640 --> 00:40:05.374
And we ultimately stumbled on
a small newspaper clipping
00:40:05.375 --> 00:40:09.348
from a newspaper in 1973 that
documented another woman
00:40:09.349 --> 00:40:11.749
being kidnapped abducted from
00:40:11.750 --> 00:40:13.263
a hospital parking lot
00:40:13.264 --> 00:40:17.418
about three weeks off to the crime
for which robot James was convicted
00:40:17.419 --> 00:40:23.419
After about five more years we eventually
managed to get the law enforcement
00:40:23.420 --> 00:40:26.389
reports on that crime which
showed that it had been
00:40:26.390 --> 00:40:29.914
committed by a serial rapist
named Arnold Ray and Connor.
00:40:29.915 --> 00:40:33.603
Who exactly match the description
00:40:33.604 --> 00:40:37.938
of the perpetrator the victim and
well but James case at initially
00:40:37.939 --> 00:40:41.464
described after we presented
the evidence to the judge
00:40:41.465 --> 00:40:46.950
he promptly and unequivocally
reversed orbits conviction.
00:40:48.430 --> 00:40:54.318
Emily Ma is now on our way to a courthouse
in Baton Rouge where she must persuade
00:40:54.319 --> 00:41:00.123
that judge to release Wilbur Jones from
person where the state wants to keep him
00:41:00.124 --> 00:41:03.978
Emily crafts or closing
argument knowing that after
00:41:03.979 --> 00:41:10.219
almost half a century behind bars the
stakes for Jones are unusually high.
00:41:10.220 --> 00:41:14.839
Wrongful convictions already cause will
the chances spent 45 years and ten years
00:41:14.840 --> 00:41:19.219
in prison here on a night me and justice
and will change his conviction.
00:41:19.220 --> 00:41:21.318
And today we\'re asking
you all to meet me at
00:41:21.319 --> 00:41:25.680
the human tragedy in justice
and releasable but James.
00:41:26.080 --> 00:41:29.509
Moss words kept their target.
00:41:29.510 --> 00:41:33.094
The judge rules that will Albert
Jones can be released on bail.
00:41:33.095 --> 00:41:39.019
The next day outside Pope has become
actuality for Wilbur\'s family.
00:41:39.020 --> 00:41:41.659
We didn\'t get a chance
to talk to them not yet
00:41:41.660 --> 00:41:46.380
In the morning they go.
00:41:47.170 --> 00:41:50.884
Wonderful They were great.
00:41:50.885 --> 00:41:58.885
These years yeah. I mean it
takes it takes a long time.
00:41:59.450 --> 00:42:03.180
Sometimes for courts to recognize a wrong.
00:42:04.180 --> 00:42:08.824
Obviously still incredibly glad.
00:42:08.825 --> 00:42:13.759
But the decision in this case we\'re incredibly
glad that will that will be home tomorrow.
00:42:13.760 --> 00:42:18.870
After 45 years our tagline
of wrongful imprisonment.
00:42:20.200 --> 00:42:23.944
He convinced door with no evidence
00:42:23.945 --> 00:42:28.309
Bay will say I don\'t know
give it as da right in
00:42:28.310 --> 00:42:32.853
a naughty communal crime money no
hadn\'t urbanist cuda trout get down
00:42:32.854 --> 00:42:38.479
80 years ice then it\'s upping
the ante even more for Jim
00:42:38.480 --> 00:42:42.109
a prior breaking and entering
conviction for which he was put on
00:42:42.110 --> 00:42:46.114
probation that made Tim
subject to the multiple Bill.
00:42:46.115 --> 00:42:53.779
Meaning if he went to trial and lost he
could face 49.5 to a 198 years in prison.
00:42:53.780 --> 00:42:59.778
Without the possibility of parole
Leon Kennedy 0 uses the mobile bill
00:42:59.779 --> 00:43:03.169
More than any other DA in Louisiana.
00:43:03.170 --> 00:43:06.948
I think if you look at the
records of my some of
00:43:06.949 --> 00:43:08.329
my predecessors would have used
00:43:08.330 --> 00:43:11.749
some multiple Bill 100% of the
time in felony cases when it
00:43:11.750 --> 00:43:14.298
was when they were eligible
and could do so well in
00:43:14.299 --> 00:43:17.359
fact I believe the record of the
statistics will indicate that
00:43:17.360 --> 00:43:20.298
we use the multiple Bill
I think last year and in
00:43:20.299 --> 00:43:25.804
20162017 I think we used at
less than 19% of the cases.
00:43:25.805 --> 00:43:29.494
Jason Williams says
that\'s beside the point.
00:43:29.495 --> 00:43:34.459
He may only file a multiple bill
a small percentage of times
00:43:34.460 --> 00:43:39.694
but he is using it as a threat
during the entire life of the case.
00:43:39.695 --> 00:43:41.928
From arraignment
00:43:41.929 --> 00:43:44.958
To play whether or not he actually has
00:43:44.959 --> 00:43:47.809
to fall it depends on whether or
not someone takes a deal or not.
00:43:47.810 --> 00:43:50.704
And let me say this it\'s
not against the law.
00:43:50.705 --> 00:43:53.494
I\'m not suggesting that
he\'s breaking the law.
00:43:53.495 --> 00:43:59.764
I think it is an abusive use of
all of the power that he has.
00:43:59.765 --> 00:44:03.078
Everybody knows that gets hanging over you
00:44:03.079 --> 00:44:06.049
that it is always a possibility
that it can be used.
00:44:06.050 --> 00:44:12.558
It is a tool that is available to us and I
will use it in those cases where I think it is
00:44:12.559 --> 00:44:17.659
appropriate to Connelly just would mean
00:44:17.660 --> 00:44:19.879
accepting the plea bargain channel zeros
00:44:19.880 --> 00:44:24.139
assistant DAs were offering
seven years reduced to five
00:44:24.140 --> 00:44:28.140
because of time that Tim
had already served.
00:44:28.930 --> 00:44:31.549
That\'s a hell of a risk.
00:44:31.550 --> 00:44:37.084
That\'s a hell of a risk for it
for a person to take five or 50.
00:44:37.085 --> 00:44:45.085
And an prosecutors love to throw around
numbers as if we\'re at Harrah\'s casino.
00:44:46.145 --> 00:44:51.409
But one year of your life as
a law of town let alone 50.
00:44:51.410 --> 00:44:58.024
So the idea that it\'s there\'s nothing
cavalier about that decision.
00:44:58.025 --> 00:45:01.219
I could take the easy really easy. We hope.
00:45:01.220 --> 00:45:04.459
They lived a few years.
00:45:04.460 --> 00:45:08.299
Taken a few units are
riskier my life gambling.
00:45:08.300 --> 00:45:10.684
I\'d be gone for the rest of my life.
00:45:10.685 --> 00:45:12.214
That\'s light come home.
00:45:12.215 --> 00:45:15.544
If all I miss tissue mete
out nobody in Buddha\'s.
00:45:15.545 --> 00:45:17.599
May or may not get to go to trial.
00:45:17.600 --> 00:45:18.829
I know I\'ve been Buddhas.
00:45:18.830 --> 00:45:23.599
It\'s a possibility is to 60-40
chance not a 50-50 60-40 chance.
00:45:23.600 --> 00:45:30.784
I win or lose I would never go home
all at the CIA and get convicted.
00:45:30.785 --> 00:45:35.159
Plead guilty such solids I didn\'t
do and still get fucked old when
00:45:35.160 --> 00:45:40.260
only a few years but go back
home as whole. As whole
00:45:43.150 --> 00:45:47.479
In the end Tim decided the
gamble was too great.
00:45:47.480 --> 00:45:50.719
Knowing that if he was found
guilty and the multiple bill was
00:45:50.720 --> 00:45:56.550
filed he\'d be at least 70 years old
before being released from prison.
00:45:57.430 --> 00:46:03.949
He took the play. You\'ve
had a very tough life
00:46:03.950 --> 00:46:11.400
and prison is supposed to.
00:46:12.040 --> 00:46:16.954
I guess do something so that when you
get out you can handle yourself better.
00:46:16.955 --> 00:46:19.200
You think it works like that.
00:46:20.650 --> 00:46:25.394
I\'m not I mean well not
prison makes me angry
00:46:25.395 --> 00:46:33.264
It makes me angry to shoot the ball to me
and I\'ll be thinking about is revised.
00:46:33.265 --> 00:46:35.709
Tim\'s former case managers.
00:46:35.710 --> 00:46:40.809
Cynthia foot\'s says Tim\'s reaction
shouldn\'t surprise anyone.
00:46:40.810 --> 00:46:43.929
You\'d like a tiger in a
cage and can\'t get out.
00:46:43.930 --> 00:46:47.079
There\'s no way out of this
and do the seven years.
00:46:47.080 --> 00:46:52.659
Take the bullshit that you gotta be mistreated
in this place had been mistreated as Chow.
00:46:52.660 --> 00:46:54.909
You\'ve been mistreated in
the foster care system.
00:46:54.910 --> 00:46:58.988
You mistreated out on the street
you have missed understood here is
00:46:58.989 --> 00:47:04.089
a tiger in a cage allowed
at any point in time.
00:47:04.090 --> 00:47:08.324
If it just person decide out
of control and hurt someone
00:47:08.325 --> 00:47:15.570
Yeah Chris and me angry I\'ll know
ab and leave out is wrong shoe.
00:47:19.810 --> 00:47:23.253
Kim has had several disciplinary incidents
00:47:23.254 --> 00:47:26.058
since he\'s been in prison
and has spent months in
00:47:26.059 --> 00:47:33.004
a place called the blocks small cell isolating
him from the rest of the prison population
00:47:33.005 --> 00:47:36.634
It will be 29 when he\'s due for release.
00:47:36.635 --> 00:47:41.400
Having been incarcerated
almost half his life.
00:47:44.710 --> 00:47:50.179
Stress dismal goals ONE I\'m
in jail for sudden mind do.
00:47:50.180 --> 00:47:53.449
But I\'m seeing Muslim Sikh months.
00:47:53.450 --> 00:47:56.730
For somebody Do.
00:47:57.070 --> 00:48:02.824
They already think animals may
Ellen look Emiliano Yeoman BY
00:48:02.825 --> 00:48:08.094
a don\'t wanna blogs now in chains like
these you would anomalous formulae.
00:48:08.095 --> 00:48:15.359
This is how I want to
leave you with a force
00:48:17.440 --> 00:48:20.614
I had a more bare my best friends.
00:48:20.615 --> 00:48:23.190
I just want to these forms.
00:48:23.530 --> 00:48:26.839
Best friend Nick from here
on my best for infinite.
00:48:26.840 --> 00:48:33.000
Well. Though what\'s happening.
00:48:45.610 --> 00:48:53.610
At that happen. Take your time.
00:48:58.870 --> 00:49:03.120
No newspaper.
00:49:03.430 --> 00:49:08.490
In the news people this was Sunday.
00:49:09.010 --> 00:49:11.489
Momma like
00:49:24.790 --> 00:49:26.419
Tim currently
00:49:26.420 --> 00:49:28.189
story is not a unique way.
00:49:28.190 --> 00:49:33.378
Over the years I\'ve known to many young
men just like him born into poverty
00:49:33.379 --> 00:49:35.749
discarded by society caught up in
00:49:35.750 --> 00:49:39.540
the criminal justice system
designed to keep them out of sight.
00:49:40.960 --> 00:49:45.199
If we do not do better so
that it\'s not only the
00:49:45.200 --> 00:49:50.370
incarcerated that\'ll continue to
pay the price. It\'s all of us.
00:50:20.620 --> 00:50:22.920
Okay.
00:51:12.760 --> 00:51:15.270
Okay