#113 Jason Flom with Herman Atkins - podcast episode cover

#113 Jason Flom with Herman Atkins

Feb 05, 202043 minEp. 113
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Episode description

Herman Atkins was a disciplined student athlete who enjoyed refurbishing old cars, growing up in the rigid household of a California highway patrolman. On January 25th, 1986, Herman Atkins was paying an auto mechanic for an engine rebuild when an armed robber stepped to the 2 men, grabbed the cash, and fled on foot. Herman grabbed the mechanic’s gun and chased the robber, firing warning shots into the air. The robber turned a corner, and Herman heard more gunshots. When he got to the corner, there were cop cars, and several people had been wounded by gunshots, including 2 police officers. Herman ditched the gun and retreated.

On April 8th, 1986, Herman Atkins is in Texas for the birth of one of his children, when an armed man entered a strip mall shoe store in Lake Elsinore, CA, forced the 23 year old female clerk to perform oral sex on him, ejaculated, leaving semen on her sweater, and stole $130 in cash and the clerk’s jewelry. When authorities caught up with Herman in November of that year while he was visiting family in Phoenix, AZ, Herman was finally made aware that he was wanted for both the January 25th incident and the Lake Elsinore kidnapping, robbery, and rape.

After multiple cross racial eyewitness misidentifications, a jailhouse snitch seeking leniency, and both police and prosecutorial misconduct, Herman was wrongfully convicted, sentenced to 47 years and 8 month in prison, and shunned by his father. After hitting the law books in prison and gaining the support of the Innocence Project, the semen stained sweater was tested for DNA, excluding and exonerating Herman. Despite this and his civil litigation victories, Herman was not truly whole again until mending the rift caused by what he describes as his father’s treason against the father-son relationship.

You can delve deeper into Herman’s story through the documentary “After Innocence” or in his book “Wrongfully Convicted, Rightfully Committed: The Reincarnation of Herman Atkins After 12 Years in Prison,” available soon wherever books are sold. He is also available for speaking engagements on the topics of judicial reform, the aftermath of exoneration, as well as his own story.

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.

See omnystudio.com/listener for privacy information.

Transcript

Speaker 1

On January twenty fifth, nineteen eighty six, in south central Los Angeles, Herman Atkins, a disciplined student athlete who enjoyed refurbishing low rider chevies, was paying a local mechanic for an engine rebuild when a robber snatched the money and took off on foot. Herman grabbed the mechanic's gun and chased the robber, firing warning shots into the air. The robber turned a corner and Hermann heard more gun shots. When he reached the corner, he happened upon another crime scene.

There were cop cars and people wounded, and Hermann, frightened, ditched the gun and retreated. After blanketing the area and questioning the mechanic, police wanted Atkins in connection with the shooting and wounding of three people, including two police officers, something Herman would be totally unaware of until authorities caught up with him while he was visiting family in Phoenix

in November of that year. Fingerprints on the gun found that the crime scene did not match Herman, But with two newborn sons and prosecutors promising a guilty verdict that a terribly long sentence if he went to trial, Herman pled no contest to the charges in exchange for a

lighter sentence. But this was just the beginning. On April eighth, nineteen eighty six, while Herman Akins's picture was being circulated by police in connection with the January twenty fifth incident, an armed man forced a twenty three year old store clerk into the back room of her shop to perform oral sex on him in Lake Elsinore, California, a city Hermann had never visited. During the rape, the assailant ejaculated and wiped his seamen on her sweater, evidence that would

later clear Herman's name. The armbrobber and rapist fled with one hundred and thirty dollars in cash and the victim's jewelry. The victim and two other store clerks in the strip mall identified Herman as the assailant from his circulating wanted poster. With the prosecution relying on this ultimately mistaken eyewitness identification, an incentivized jailhouse snitch, and misleading sorology fire, Herman was sentenced to forty seven years plus eight months for a

crime he did not commit. This is raeful conviction with Jason Flamm Welcome back to Wrongful Conviction. Everyone, Today you're going to hear a story that has so many layers, so many twists and turns. It's a story that includes mistaken eye witness identification, bad forensics, police misconduct, and in the end of the day, what it's got is redemption and forgiveness of a type that we have never covered

and I've never heard of before. So I hope you're settled in because this is going to be an amazing ride, and with me is the star of our show, Herman Atkins. So Herman, welcome to Wrongful Conviction.

Speaker 2

Thank you for having me.

Speaker 1

And like I always say, I'm sorry you're here, but I'm glad you're here.

Speaker 3

Yeah, yeah, you know. It's it's been an interesting journey down.

Speaker 1

A long road. It certainly has. And it all started on the morning of April eighth, nineteen eighty six, a long time ago. Correct eighty six, that's the year the Mets won the World Series. That's how long ago that is. And I'll just set the stage right. So, sometime around eleven thirty in the morning, a thin, young black man wearing a dark jacket, rebox shoes, and a gold ring went into a shoe store in Lake, Elson, Or California, which coincidentally hapens to with a place you've never been to.

We'll get into that. And he pretended to be interested in some merchandise and then he being the only customer story, he pulled a handgum and forced the clerk to perform moral sex on him, threaten to kill it a horrible crime, horrible crime. During the rape, the assailant ejaculated and he left his seamen on her sweater, so there was plenty of evidence to go on. And he took one hundred and thirty dollars, making it the robbery and a rape. But he also took her engagement ring in another ring,

so her sweater was preserved as evidence. And that's when things get really crazy, right, because you would seem like a very unlikely guy to be a suspect in this crime or any crime. Yes, and that's because your stepfather.

Speaker 3

He was a highway patrol officer, California Highway Patrol officer out of the Torrents Division.

Speaker 2

He raised me. He raised me in such a way.

Speaker 3

I grew up in a regiment type upbringing, where there was rules, there were structures, there was high expectations, and there was a lot of pride from him as well as my mother. We lived at the time in south central LA, which would be considered middle class at the time.

Speaker 1

And you were the third of six kids. Yes, yes, and you had ideas of becoming a patrolman yourself.

Speaker 3

Yes, I wanted to follow my father's footsteps. My father went to the military. You come from Jackson, Mississippi, and you know it is horror stories after horror stories, racism, the whole shebange when he grew up. So he was one of the first out of eleven kids, nine boys of girls, to leave Jackson, Mississippi. And so given the stories that he told us, I wanted to follow in his footsteps. He left Jackson, Mississippi, went into the military,

and then come from the military into law enforcement. So my path was already cut from me. I distinctly remember when the man went through the police academy and how I had to shine shoes and belt buckles and anything that had brass or chrome or silver to it.

Speaker 1

And you were a star athlete as well. Oh yeah, that comes back in the story later in a very unexpected way. Ah.

Speaker 2

Yes, yes, my whole life long, I had spent time in sports.

Speaker 3

He kept me and my brothers well into the community and social activities. He felt that that was contribute to a strong foundation and give us the opportunity of learning what it means to work as a team, to follow leadership and eventually become leaders. And so I took the sports and excelled at it, from Pop Warner all the way on up to high.

Speaker 1

School football, baseball, the hoostion bang Yes.

Speaker 2

Yes.

Speaker 1

And then this story, like I said, has a really crazy twist right at the beginning of it. Actually, because, as I said, you would seem to be an extremely unlikely guy to be a suspect in any crime. Yes, you were going to church, graduated high school, doing your thing, never been in trouble.

Speaker 2

Yes.

Speaker 1

And then one day, January twenty fifth, nineteen eighty six, a crazy thing happened.

Speaker 3

I was having an engine rebuilt for a nineteen seventy four K five Blazer, which was the end cars for teenagers at that time. I just turned eighteen, and the guy wanted three hundred dollars to rebuild the engine.

Speaker 2

I had given him one.

Speaker 3

Hundred and fifty already when I took the engine to him, and he calls me up a week later and says, hey, the engine is complete, come when you can't. I couldn't come into at night. And when I went to go paying the money, unbeknown to us, there was an individual watching us from across the street and he approached the both of us, me and the auto mechanic, and the guy pulls out a gun and tells us we know what time it is and took the money that I

was given to the auto mechanic. He then took off headed it to the corner where two shots was fired and the police were everywhere because they were up on the corner investigating a car accident. So everybody in the area fled so that I period shortly after that. I didn't think none of it. It's pure chaos and this is a movie.

Speaker 2

See yes. At the time, I didn't think nothing of it.

Speaker 3

Went home, and at that particular time, I was expected to have my first child being born. I had impregnated a young lady who came for the summer and she lived in Texas. So when she announced that the baby was about to be born, I went to Texas and I was there for three months, and.

Speaker 2

While there, my first song was born.

Speaker 3

And so while I was in Texas, this rate that happened in April transpired, so I wasn't even in the state of California when it had happened. Then I came back, and then I went to Arizona visit family members there. While I was there, they have a project system, and so some guys inside the projects had caused harm to somebody else. Police were called and everybody who was in the area was lined up as usual and names were taken.

Speaker 2

When I gave him my name, they just ran the name and then came back.

Speaker 3

And said, well, you're wanted in the city of Los Angeles and you're wanted in Lake Elsinore for two council of rate, two counds of oil copulation, one kind of robbery, and one kind of kidnap. And I'm like, wait a minute, I got the wrong guy, stop it, you know. And so they was like, no, we're going to extradite you back, no problem. They extradited me within days. When I got back to California, I was able to address the robbery

incident and what have you. And the mistake I made at that particular time, I didn't tell them who was the perpetrator in the matter, because I actually knew the guy, and it was going to be one of those street justice things. I'll catch up, which you're gonna give me my money back because you're gonna get beat up, you know.

Speaker 2

And so that was what my thought process was.

Speaker 3

So I wound up having to plead no low contendrate to that whole situation, meaning you can hold me responsible, but I'm not admitting to what you claim I had done.

Speaker 2

What have you.

Speaker 3

I was the victim in the matter, and so the mere fact that it was a two year of fence clearly tell you the weakness.

Speaker 2

Of the matter.

Speaker 3

So while we were addressing that, they then shipped me off to Riverside, California, where I learned about these charges. And so in April of nineteen eighty six, a woman called out of Lake Elsinore, California and said that she had just been raped and robbed. There was a police car in the vicinity, and she gave it quick description of the perpetrator. Young, thin build, black male, young, about sixteen years of age. He said his teeth were small. I got big t She said that he didn't have

no scars on his hands. I've had that scar on my hand since you see that scar right there. I used to box, you know, prize fight when I was young. I was an athlete, and so I had that scar there that ended the career. And she said that he had a ring on this exact finger, but she didn't describe the scar. She said that the perpetrator at the shoes he had on was actually a pair of rebots

because it had a flag on it. And so she was able to identify this person to the nine to one one operator who gave that information to the police officer who was raised there on the scene. He was like in the neighborhood. Two minutes he arrived at the scene of the crime. He said that they had combed the neighborhood looking for a mail of this description. And here's the problem, and that area it's all white, predominant white.

Speaker 1

An African American man would have stuck out like a soord.

Speaker 3

Yes, at eleven thirty in the morning and an out a strip mall. This is a busy place. They couldn't find an individual. A detective was then called out. The detective took the young lady to the hospital where DNA rape kit was formed. They gathered all of the evidence and then they took her to the police station for

further investigation. When they got up there, coincidentally, the wanted poster in the LA situation, the robbery incident where I was robbed was laying on the table and she looked at it and said, this is the guy that raped me right here. And they was like, are you sure? She said, yes, I'm real sure. And so when they were able to get me into the courtroom where I had an arrayment in Lake Elsa, North California, a place

I had never been in, never knew anything about. I was born and raised in south central Los Angeles, and to this very day I knew nothing about this city. And having me to come there for arraiment, I am brought out into the courtroom with nothing but white guys.

Speaker 2

I'm the only black guy on his chain of white guys.

Speaker 3

But the part that got me, he is, is we're in a jury box right and the DA's desk is about maybe three feet away from me. I mean, I can hear conversations being held with the DA and his party's assistant, and they called my name up and an arrangement had taken place. Plead not guilty and what have you? He said, Well, mister Atkins' attorney is not here yet, and so we'll put him on the back end and

we'll proceed further. And so once the judge decided to do that, he then got up, went right into the audience. I'm looking at him, sits next to a woman and says, do you see the man that raped you?

Speaker 2

She looked right over and said, yeah, that's him right there. I'm the only black guy.

Speaker 3

Now, you got the bailiff in back of me, and the bayliff tell me to look forward or when he gets me back in the back, he's going to take his billy cub and bust my head if I didn't continue to look forward. And all the while I'm looking at this and I'm like, yeah, okay, So I can't wait for my attorney to get in so I can tell her about this in court identification. And so when she did come in, by then the bill had already been rung.

Speaker 2

You can't unwring it, right.

Speaker 1

And this is I want to really dwell on this. U. Yes, right, because you're the only guy a sea of white guys. Yes, I mean you're you're you're fucked.

Speaker 3

Yes, yes, And we went on with the arraiement and the date was set for preliminary hearing, at which time I then learned all the ins and out about the case and what have you.

Speaker 2

Now. Once the preliminary hearing came about, they.

Speaker 3

Had stated that they had three witnesses that could put me at the scene of the crime.

Speaker 2

They had a informant who allegedly.

Speaker 3

Stopped the detective as he was leaving the county jail and said, hey, I heard your addressing a rape case and in Lake Elsinor. I know something about it. I can help you with it. So the detector pulls this guy out and lo and behold. This informant was supposed to tell him he knew me that I had relatives in Lake Elsinor, and I was in Lake Elsinor around about the time that this rape had taken place.

Speaker 2

Then this is what the informant had told him, told him what kind.

Speaker 3

Of car I drove, told him where I actually came from, which was in the city of Los Angeles, and that he had relatives in Los Angeles, and that's how he was able to know.

Speaker 2

Me as well.

Speaker 3

Then, when the detectives had came to La County to see me for the first time, they had taking items that was in my property. At the time, I was off into hip hop, you know, rapping and things of that nature, and so quite naturally I fit the bill of New York will call a bee boy or what have you, with the big gold chain, the rebock tennis shoes. I had a nugget ring. And so they took all of this and took it to the victim and showed it to the The victim told.

Speaker 2

Him none of that. He didn't have none of that.

Speaker 3

But what they did was is they put it all in the bag, and when we went to trial, they used it just saying we took this from mister Atkins, this is what he had, this is what the victim originally said that the perpetrator had, and it's here in the bag, and so it was used as evidence.

Speaker 1

So they mixed your clothes with the clothes that might look like what she would have remembered.

Speaker 3

Yes, wow, yes, yes, that's the police misconduct part of it. Then there was the prosecutorial misconduct of it, where Prosecutor Richard Bentley lines up with a roologist and manipulated numbers to tell the jurys that I couldn't have been excluded

from the crime when in actuality I could have. They said that I had a rare blood type, and this blood type only five percent of the nation had this blood type, and because I fit into that five percent of the nation of blood I couldn't have been excluded, when in actuality it was the other way around. I was in the ninety five percent that could have excluded me right there from the spot. And that's all that Richard Bentley had to do was to be truthful with

the matter instead of manipulating the matter. Because what the sorologists had done, it was proven in a civil trial that he had in fact conspired with Richard Bentley to misquote these numbers. In the civil trial, which I love, that came, you know, almost two decades later and found that Danny Miller, the lead detective, was liable for his

role that he played in my being wrongfully convicted. Richard Bentley got to hide behind the badge of immunity where he couldn't be held responsible for what role he played in it. And James Hall, who was the sorologist, he was able to escape because of an issue that the Ninth Circuit Quarter of Appeals.

Speaker 2

Released him on.

Speaker 1

Yeah, that's crazy.

Speaker 3

I was shocked to see how the pieces to the puzzle came about as a result that led to my being wrongfully convicted. I realized that there was, in fact a conspiracy. I realized that there was prosecutorial misconduct, there was police misconduct, there was misidentification, there was junk science involved.

Speaker 2

That all led to my being wrongly convicted.

Speaker 1

First of all, before we even get to the jury and the verdict, there's an important thing which hurts me to even talk about it. I can't imagine how it feels for you. But your father during this time, who you obviously looked up to tremendously. You wanted to follow his footsteps, yes, and he taught you so much, But he didn't stand by you. No, he took the side of the police over his own son.

Speaker 3

In his exact words, quote unquote, I went with the evidence instead of the love of the child.

Speaker 1

And on top of everything else that you were going through, I can't imagine how a young person like yourself at this time, barely out of your teenage years can process that abandonment.

Speaker 2

It was an act of treason too, a father son relationship.

Speaker 1

The jury goes out, did you have any hope that you would be found innocent after you had watched this whole thing take place in front of your eyes. You were living in it. Right. Did you think they were gonna come back and find you guilty? No? I thought that the truth would when.

Speaker 2

Yeah, the truth.

Speaker 3

See, my grandmother had a saying, she said, a lie or die, the truth always live on, And so I applied that to that situation. Unfortunately it didn't happen. Then it happened later on. But everything my father had ever taught me about the justice system that went out the window. Hermann, America got the best justice system.

Speaker 1

It's not the worst in the world, but it needs a lot of improvement.

Speaker 3

Yeah, And as I have grown and have matured and have walked through this journey, I realized what the justice is. Nothing wrong with the Americans justice system. It's the people that work within the justice system that has given it a bad name.

Speaker 1

Right, Because in your case, if they would have followed the rules, you would have been exager It wouldn't have even been brought to trial. Yes, nobody would have prosecuted this case. They would have kept looking. They come back in and find you guilty on all counts. So that moment must have been the worst moment of your life.

Speaker 3

Oh yeah, can you imagine hearing a sentence we give you forty seven years and eight months in prison.

Speaker 2

I was devastated.

Speaker 3

I mean, you have to understand half the time, although I was aged twenty one, I was one of the late bloomers. So I steal five eleven. I weighed maybe one hundred and forty five pounds wet. And when I went back to the sale while being housed at there was a police officer.

Speaker 2

He believed in me.

Speaker 3

And although I never talked to him about or anybody for that matter, about the case, he knew that I didn't commit that crime because he had came on his shift and he had found out what had happened.

Speaker 2

And he racked the door and.

Speaker 3

He said, I can, you know, step out, And he took me out, and he put me in a padded cell and gave me a roll of toilet paper and he said I'll be back to check on you. And when he put me in that cell, I cried like a baby. I that's when I realized you can lose your you know, emotions, and just it just with three hours, I just I just cried. I didn't have anybody to console me. My father wasn't there to, you know, hey,

with that motivational speech. My mother wasn't there to, you know, with her solutions to every problem.

Speaker 2

None of that.

Speaker 3

I was just you know, stripped down to nothing. That was just me right there. And I knew that at that moment I was about to go on the journey. I was right, but I didn't know what to expect. But it was just it just tore me apart and my father. When I was young, I was always willing to help people and what have you. My father used to always say, hermit, you'll have a soft heart, but that's all right, Life will harden it for you. And what he said, he was right, because my heart became

instantly hard. I developed hatred, hatred in my heart. When I got to prison, my attitude was, I'm in here for something I didn't do. I'm gonna give you a reason to kill me because I don't see a way out. And so my attitude was, when it came from an authoritative figure, you need to let fuck you Akins, you need to fuck you Akins come in. I became what's called a management problem. I can honestly say I kind of checked out mentally and emotionally.

Speaker 1

And you had grown by now into a big, tough guy, right.

Speaker 3

I grew over a period of time. But you know, by the time I had did my seventh year and a shoe program later, by the end, I'm six' one And i'm weighing every bit of two hundred. POUNDS i did a sixteen month shoe. Program and by shoe you mean secure, houses, yeah segregating housing unit and where you stayed in the cell twenty three hours out of a, day thirty minutes for shower and thirty minutes for. Yard and seldom did you get both doing that right there and talking to a guy that was over in the

cell who was doing an indetermined shoe. Program he had been there eight years, already and he AND i used to talk to event about that like that right, there except it was on the. Wall and he told me something that was just registered to. Me he, said if what you're telling me is, true then you need to get back out on the main, line get into the law books and figure out what happened to, you and get up out of.

Speaker 2

Here made sense to.

Speaker 3

ME i strayed, up did the shoe, program hit the main, line and kind of stayed to myself other than working and then.

Speaker 1

Law library and from, THERE i, mean it took another five years to get. Out what led you to The innis's? Project how'd you get? Out?

Speaker 3

Okay, well in nineteen ninety, four WHEN i got out of the shoe, PROGRAM i went to the law. BOOKS i hit him. HARD i studied everything they had to do about a rape. Case and there was a guy who had came. In he was doing a. Violation he, did like a nine month. Violation he had been watching me from a, distance you. Know he, said, look, man you're kind of young to be in the law books the way you, are you, Know and he, said what

are the issues that you're fighting or? Whatever BECAUSE i know a little bit of something about law and in, prison you, know rapists and a child molest they treated lord than the dirt they walk. On SO i never told nobody, about you, know WHAT i had been in. For but it was a calmness about this, guy AND i told. Him he, said, well what are the? Issues AND i told him. That he, said, well it seems as though that you have chopped down a tree and

you're still dealing with the. Stump he, said there's an organization that could help you get out of. Here it's called The Innocent, project And i'm more than sure if, you you, know asked them to help, you they'll take your. Case you can be out of here in. MONTHS i went in and wrote a thirteen page, letter And Barry sheck And Peter neufeldt sent me a letter saying we

would be interested in your. Case can you send us your sentencing transcript The seralasis report in your trial, transcripts and me and my family got together we sent these.

Documents about two weeks after we had sent it, OFF i got a letter From Barry Sheck Peter newfelt again telling me that they not only would they accept my, case they broke down how The Innocent project work and the fact that a student would be assigned in my case and what the student job, was and if they were successful at finding the evidence FOR dna, testing then it would be turned over to an in house attorney

and that person would go and represent. Me, now from the time they told me that in nineteen ninety, four the evidence was found in nineteen ninety, seven the problem was is that The Innocent project was a fairly new organization and so they didn't have attorneys around the nation willing to do the work.

Speaker 2

That they were, doing especially for a pro bono like they have. Now and so it took them another two, years with the assistance of my family as, well to find an, attorney and they found one guy Named Douglas. Myers he stepped. Up he argued successfully to have the evidence, released and it was released In october of nineteen ninety, nine at which time it was tested and it proved

THAT i was factually innocent of these. Crimes THE da they just did not want to concede on the, matter so they wanted to be slick and Asked Barry shack in the courts to have a SECOND dna. Testing they wanted to send everything To, Berkeley california for another testing and what have, you which would have caused me to be there even. Longer But Barry shad got smart and told them and, said let's get THE fbi, involved and

they sent it to THE. Fbi and While Barry shak And Peter, newfield they had wrote a book and they were on the book, tour THE fbi found out what the results were and tried to make it seem like they discovered that an innocent man was in, prison and they were the ones that pressed for my immediate. Release so the minute order came Down february seventeenth of two, thousand demanding my immediate release BECAUSE i had been proven by way of post CONVICTION dna testing THAT i was

factory innocent of the charges some twelve years. Later but it was a total of fourteen because the moment they put handcuffs on, you that's when the clock. Starts, yes so it's a total of fourteen.

Speaker 1

Years so fourteen.

Speaker 3

Years never received an apology From Richard, Bentley Nanny, Miller James, howe norther victim for that. Matter but in coming, home you can actually see. Me go to YouTube type In Hermit AKIN'S dna testing and you're gonna see a video of my immediate. Release what was it like walking? Out everything was new to. ME i had lost touch with. SOCIETY i had been gone over a. Decade but as far as coming, HOME i was excited about that BECAUSE i did make plans WHILE i was in.

Speaker 2

THERE i knew one day you're gonna have to let me, go.

Speaker 1

And they, did and they, Did and so you walked. Out what's the first thing you did when you.

Speaker 3

Well as far as eating, well the first THING i did with my mother and my sister and her husband and an auntie and my one of my sons who had been born BEFORE i went. In he was one years old WHEN i went to. Prison he was fourteen years old WHEN i got. Out and so we all stopped AT I hop and one of the THINGS i noticed is IS i had eight prison food so LONG

i couldn't keep nothing on my. Stomach so we bypassed, that AND i had to actually go to a dollar store In california and buy stuff that they sold in the. CANTEEN i had to make prison spreads in order to eat and survive out here.

Speaker 2

For at least a. Month that's.

Speaker 3

Crazy and then they took me to a hometown buffet and something about they food set on my, stomach So i'm maulled day. Food and we would drink coffee up into like, fold just. COFFEE i went To starbucks and brought some coffee from. THERE i stayed up for three, days literally three. Days my sister and son, herr what's wrong with? You you?

Speaker 2

Know are you all? Right you're?

Speaker 1

Not WHAT i?

Speaker 3

Said, yeah starbug got some strong. COFFEE i don't mess with starbug. Coffee to this very.

Speaker 1

Day because the prison coffee was so. Weak i'm gonna. Die that's gonna stick with ME a long time story about you eating prison food after you got out for a. Month that's. Crazy and then so you went to college.

Speaker 3

Out, yeah WHEN i came, home work was not an. OPTION i needed to be. EDUCATED i already had a high school. DIPLOMA i went enrolled in college and ONCE i got, THERE i went to the head coach and told, them, hey this is my.

Speaker 2

STORY i want to play.

Speaker 3

Football and so WHEN i came, HOME i still had that twenty one year old mentality AND i looked LIKE i was about twenty two twenty three at. Best and so ALTHOUGH i was thirty four years of, age he, said, well if you can make the, team you.

Speaker 2

In so spring training came.

Speaker 3

Around it was a lot of, conditioning, running and we had to do this final test and THEN i made the. Team and when ONCE i made the, team they gave us a, helmets shoulder, pads all of, that AND i was able to show on WHAT i was made of. Physically at age thirty, FOUR i was out there rocking these eighteen and nineteen year old kids who was coming out of high. School All american defensive, End All american, linebacker.

Speaker 2

You, know and what have.

Speaker 3

You And i'm, like, yeah, okay WHEN i was out there tearing them, apart AND i had hit a guy so hard one, TIME i knocked myself out and so the coach took my, helmet which was my prize. POSSESSION i had to sit out for a week for concussion purposes and what have. You but we got back at AND i played college football for two years at that particular college.

Speaker 1

In your mid. Thirties and then, yeah and then one of the more extraordinary things ABOUT i was going to say about your, story but really about, you is the aspect that deals with your father and how you dealt with this, betrayal this treason after, Treason, yeah which is you, know as someone WHO i grew, up you, know my father was my hero and you, know AND i can't even imagine on any level how empty and horrible that must have. Felt but you did something THAT i think is.

Extraordinary and can you talk about. THAT i, mean what happened with you and your dad when you got.

Speaker 3

Out, yes it's one of them situations where WHEN i remember coming up and my father always demanded an explanation as to WHY i done. Something and so ALL i remember doing at time and coming home is that this man never came to visit. Me he never wrote, me he never sent me money packages and none of. That so he was like he turned his back on. Me but he did always tell, us you, KNOW i don't go visit people in. JAIL i put people in. Jail i'm, like.

Okay so that was my thought, then and it wasn't until we did the Documentary After innocence With Mark simon And Jessica, sanders and they interviewed, him but they never told me what he had told them until the documentary was, complete and it was now and on the big, screen And i'm sitting in this theater And i'm watching. Him and when they did his, interview out of his mouth came the explanation as to why he did what he. Did he, SAID i went with the evidence instead of

the love of the. Child AND i immediately got up after that registered with. ME i got up while the documentary was still. GOING i went to the. HALLWAY i called my father AND i, said you, KNOW i always wondered why you did what you, did BUT i just heard your. Explanation and it was at that, MOMENT i forgave him BECAUSE i understood that once you become a police, officer you are trained to think a certain, way and now That i'm going to law, School i'm being trained

to think a certain. Way he was trained to go with the. Evidence i'm being trained to go with the facts and make sure that the evidence lines.

Speaker 1

Up with the.

Speaker 2

Facts SO i was able to forgive him right then and.

Speaker 3

There and this happened in five WHEN i just really got my explanation AND i went to my father AND i told, HIM i forgive.

Speaker 2

YOU i get, IT i.

Speaker 3

Understand, however since the DAY i came, home my father has been spending majority of our, time And i've been homes in nineteen. Years he has been spending majority of that time trying.

Speaker 2

To make it up to me for the decision that he.

Speaker 3

Made And i've been spending my time showing HIM i forgive.

Speaker 2

You you're my, FATHER i love. YOU i talk to him, REGULARLY i go.

Speaker 3

Visiting but NOW i have to do it more so now THAN i have done over the last few, years because now he's dealing with alzheimer and it's creeping up on him.

Speaker 2

Fast and Then i'm.

Speaker 3

Forced to stay winning to the bitter, end because my greatest fear is now about to confront. Me one. Day he's going to forget WHO i. Am he's going to forget that decision he. Made he's going to forget every life lesson that he's taught. Me he's going to forget.

Speaker 1

Everything, yes now you have a bunch of.

Speaker 2

Grandchildren, YES i got seven of.

Speaker 1

Them, yeah so that's. Great you'd be graduating law. School, yes. Awesome and Then california has never compensated, you and that is obviously completely. Unacceptable is ironic because you were one of the people that was really responsible for changing those compensations that you To. California it used to be believe it or, not. Y'all let you tell, It.

Speaker 2

Well it used to be ten thousand.

Speaker 3

Dollars if you can prove that you were, wrong be, convicted you can get ten thousand. Dollars, well first of, all we didn't even know that law was on the. Books somehow ANOTHER aclu found, it and a couple more other sharp attorneys found, it and we went in address, it meaning, me several of the Exoneries Natasha minska for THE.

Speaker 2

Aclu we went before a.

Speaker 3

Panel we were able to get that change from ten thousand total to one hundred dollars a. Day and WHEN i doubled back to apply for, it they told me you get nothing because statute of limitations have ran out on. You i'm, like, huh, Really california owe me a half a million.

Speaker 1

Dollars, Yeah AND i think even, then one hundred dollars a, day that's thirty six five a, year AND i think you'd have a hard time going on in the streets and asking people if they want to go into the city. Fride you're on a maximum security prison one hundred dollars a, day AND i could get a lot of takers for.

Speaker 3

That they could give me it being the best interest to give me my money, now because ONCE i become an, attorney Then i'm gonna come get it another way And i'm gonna keep getting it and getting in. It and when they asked, me, well why are you these lawsuits and, this that and the, Other, well, hell you should have gave me my.

Speaker 1

Money, right and now you're gonna get it on. Behind i'm gonna get it. It, Yes, yeah it's. Ironic you're being a football player and there they were moving the goalpost on, you, Right but that's the way it. Goes so everything about your story is. Extraordinary i'm really grateful that you shared your story with my audience and with me here on wrongful. Conviction and then now comes my favorite part of the.

Show this is the part of the show WHERE i get to actually just thank you AS i just, did and then turn my microphone off and just, listen AND i leave it to you for the last few minutes for closing thoughts of. Anything you want to talk about, Anything it's all. You it's your.

Speaker 3

Stage, okay here's the. Thing one of THE i travel this, NATION i speak on judicial. REFORM i work closely with The Innocent. PROJECT i have dedicated my life to the work that they, do and there's some things THAT i found that contribute to our justice system being seriously. Flawed BUT i first present this to anybody to hear my. STORY i, say each, one teach, one teach, one each, one AND i present that challenge to the, person meaning what you have heard here, today go out and educate

the next. Person because awareness is very important to solving any, situation and in this, case people needs to be aware of the fact that we have a seriously flawed justice. System it has accounted for individuals being wrongly. Convicted there's a few individuals that has been killed in the justice system as a result of being wrongly convicted and. Executed and these are the things that needs to stop. Now the solution is is let's start at the base of the. Problem,

see it's not the justice. System i've come to realize the justice system will work perfectly if we get the right people to operate within. It and the problem comes in to play ad is when you got corrupt prosecutors who's getting wrong for, convictions are causing wrong for conviction because they want to be, politicians they want to be, judges they want to be counselmans and what have. You and because of, that they're willing to do anything to

get a. Conviction then you got these corrupt police. Officers lord not to mention how they just out of here killing black males like it is the thing to, do like it's perfectly. Legal, okay we're dealing with a psychological problem from the police.

Speaker 2

Department we need to do two.

Speaker 3

Things we need psychic evaluation on these police, officers get them out of the. Way and those that has caused, problems we need to buy way of pictures. Motions we need to go into their, background figure out who they, are and start protesting to get them up out of.

There and when you have A da that don't want to file a, case when they're clearly there has been a violation of the law on behalf of the, police they don't want to file the, case then we need to start looking at THAT da and shut that person, down you, know when it comes down to elections and things of that. Nature and we got to always remember who these people are because what you feel to realize is the very people who was hollering back in the

eighties and the nineties tough on. Crime, yo these people has caused a serious problem To. Americans justice system is busting at the. Scenes taxpayers is paying for. It and now the taxpayers is looking back on it and they, saying, wow we can't afford to keep inmates and start letting them, out letting them want with non violent offenses, out, this that and the other, wise so you can cut the. Costs so you should have thought about that when these

politicians was hollering tough on. Crime so in, fact let's weave them individuals out and get rid of, them get them out.

Speaker 2

Of office as. Well we need to overhaul our.

Speaker 3

Justice system by removing the very individuals that are creating the. PROBLEMS i would like to see laws. CHANGE i would like to see when it comes down to, compensation that every state In america follow. SUIT i like How texas has set their compensation package up and every state In america should follow. THAT i think that should be a federal law that all states has to do one thing

in all honor of. Compensation one of the things that people feel to realize is is that a person who has actually committed a crime can get out in any state and go to government funded organizations and receive all types of helps and resources to acclimate themselves back into. SOCIETY a person who has been wrongly, convicted such as, myself is told to go back out in society and

function the best way you. Can there is no compensation package wherever a person has been improved and wrong for, convicted where he can go get an, education where he can go and get, housing where he can get, transportation where he can get psychological, help where he could turn around and be a productive citizen in society with some type of employment or what have.

Speaker 2

You there's nothing.

Speaker 3

Set up for, that and So i'd like to see that. CHANGE i like to see laws like that. Change but the biggest THING i want to see, happen AND i pray To god THAT i live to see it, happen is have that badge of immunity if you moved from, them, prosecutors if you violate the very law that you swore to uphold and, protect then you should be prosecuted by. It if you have indulged in the taking of a person's.

Life because when you put somebody in, prison be it for a, day be it for for a, month be it for a, year be it for a, decade you have killed that. Person you have killed that, person and the person that did, it the people that's, involved be it the, prosecutors be it the. Police they all need to be held accountable for their. Actions SO i want

to see. ACCOUNTABILITY i want to see that badge of immunity, removed not in one, state in all, states in all, states in all, cities regardless of how big or, small of what have. You AND i would like to see society as a whole start focusing on what's going on over In kansas.

Speaker 1

With this.

Speaker 2

Bluski oh my, god that rate there is textbook.

Speaker 3

Corruption and if it went on, there it's just like the same thing that went on In california with The Rampart division. Scandal this stuff right here is. Common the only thing that's bringing it to light now is social. MEDIA i thank, god because the regular media it's not going to televise what a person holding a camera up to the.

Speaker 2

Situation with, televise that means it's up close in.

Speaker 3

Person AND i thank god that you have those that hold your camera.

Speaker 2

UP i advise that you hold them up high.

Speaker 3

Because it is your, heart is your courage in the face of these corrupt police officers that is bringing about the truth in the.

Speaker 1

Matter thank you dropping a lot of, knowledge and if you want to learn more About, glubski listen to The lama McIntyre episode Of Wrongful. Conviction you'll hear all about. It thank you again for being, Here Herman, atkins and thank you everyone for. Listening And i'll see you next week On Wrongful. Conviction don't forget to give us a

fantastic review wherever you get your, podcasts it really. Helps And i'm a proud donor to The Innocence, project AND i really hope you'll join me in supporting this very important cause and helping to prevent future wrongful. Convictions go To innocentsproject dot org to learn how to donate and get. Involved i'd like to thank our production, Team Connor hall And Kevin. Wartis the music in the show is by

three TIME oscar nominated Composer Jay. Ralph be sure to follow us On instagram At Wrongful conviction and On facebook At Wrongful Conviction. Podcast Wrongful conviction With Jason flamm is a production Of lava For Good podcasts in association With Signal Company number one

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