#472 Jason Flom with Kevin Dykes

We initially released Kevin Dyke's story on September fourteenth, twenty twenty, and an update in August of twenty twenty one. Since then, our understanding is that some powerful people in the Los Angeles District Attorney's Office under the leadership of George Gascon, listened to our coverage and agreed that Kevin deserved relief. He was resentenced, paroled, and released from prison on February

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Welcome back to Wrangful Conviction with Jason Flomp. Today we have an incredible story, so we're going to get right into it, and I'm going to introduce you first to Stephen K Houser. He's a criminal defense attorney representing the star of this episode, Kevin Diyke. Stephen, Welcome to Wrongful Conviction.

Thank you, glad to be here.

And Kevin Dykes is on the phone with us from prison, and I hope we'll be able to do something about his situation because it is awful. Kevin. I'm sorry you're here where you are, but I'm happy you're here with us today. So thank you for being.

Here, no problem, Thank you for the opportunity.

This case goes back to Compton nineteen eighty six, and it's got so much that you'll think I'm talking about a movie script that would be too much to be believed, except for it's real. It's got gangster's name Hondo and Slim. It's got drugs. It's got snitches that ended up on sixty minutes. It's got laws that changed, and victims who testified that this was not the guy who did it. It's got a guy who's in prison for three and a half decades with no evidence against him except the

Right, Yes, I grew up good, two pay at homes in the pop Water Sport. I actually had a real good up bringing until I, uh, I think it's actually saying I ended up actually killing my best friend. I went for a voluntary manor father, and I was sick too.

And for those of you who don't know, YA or CYA is the California Youth Authority.

As I understand it, your friend's death was entirely accidental, just two kids who made a big mistake playing with a gun. But they still sent your way to Julie for involuntary manslaughter. And I also understand that you harbor a lot of guilt about this. Even though the family forgave you, yes.

Just family, they stayed them directly across the street from my family, even to the day, still fail on the same street. Although the family had for given me, written me letters and come to see me. When I got out, I saw what idea to that family, and I didn't know how to process. Although my mother and my father, my grandmother, and all kind of people were trying to help me. I didn't know how to ask for their help that I actually needed. So I got digs a little deck grid to the king.

So the guilt kind of derailed your potential, it seems. And after Juvie, you start dealing drugs and looking outside of what seemed like a supportive home for whatever it was that you felt you needed, acceptance, identity, whatever, out in the street. So fast forward to January nineteen eighty six. Some other really bad stuff happens January eighteenth.

So I try to kiddingap me. They try to cheat them in front of my house. I followed. They ran me through a brick wall. They both my inter smashed my failings. So I went to the hospital January eighteenth in dollars to make twenty. When I got out of the hospital, I was in a wheelchair and I had a walker, and I was going to a therapy.

Yes, someone tried to kidnap Kevin. So you fought them off, and they ended up hitting you with their car against a brick wall, broke your hips, snapped your pelvis, and put you in the hospital for four months. I mean, you're lucky to even be alive. And we haven't even gotten to the part that has you locked up right now. Okay,

Slim and Hondo decided that they were going to take over the local drug sales. I believe they helped Kevin and some of his friends with small amounts of cocaine to sell in the neighborhood, and they would periodically show up and I guess resupply the local sellers, including Kevin and Kevin.

You were renting a place to stay from a man named mister Bryce. You were renting a bed in this mobile home that's sat in his driveway right.

Yeah, I was standing mister Bryce's mobile hole. We had a mobile home. They had like six days in a shower, had all that stuff inside. It was parked in the driveway. Sometimes my friends used to places to stay. They had like six paces where he suld be sleeping there. So Otis would come in and sleeping.

There, and Otis is Otis Perry, who occasionally stayed at mister Bryce's mobile home, and he's the one that was eventually stabbed like slimon Hondo for taking the gun that they had left in the trailer.

The night that these two attempting murders occurred outside a party at mister Bryce's house.

Yes, oldly, my cousin Pam was inside the mobile home. I was inside the house where the party was there when the fighting, when the fight after, so I didn't know this was out there at the time. And I know Slim pulled up. They knew mister Bryce didn't allow guns in his house, but they heard a gun in the mobile home with my cousin and Ostad. But I still didn't know and about that at that time.

Okay, So now the stage is finally set for these crimes to take place. This is we're talking June nineteenth, nineteen eighty six. There's a little party going on at mister Bryce's. Your friend Otis and your cousin Pam are in the mobile home in the driveway. Slim and Hondo, your bosses, come to hang out, but out of respect for mister Bryce, they leave their gun in the mobile home. Then your friend Ephraim is at the party and he is drunk, to say the least.

Wellphim is my older homeboy. He was long beingliserate and wrestle with the females. I was up in there and grabbing rinks and didn't belong to him. And I saw man go down to the pool man keep back. I got he kept home, So I got pissed off and I hate him once and when I hate him, Hondo slim. Both of them attackly be some of them. I here's what they see, he said. I didn't understand, and why did they get involved in there? Here's what they said,

Oh okay, so your drug bosses are sticking up for you, but then they go way beyond what you would ever want them to do.

Yes, So once I stuck some both of them attacking, I got them to stop. Told these communities. He left and then they chased him down the street. They caught him at the end of the corner. Once I got down there, I saw that they was actually stabbing. When I Hando leaving along Hando, he looked up and saw me. But when he saw me, he saw this Bradley behind me was Brady as my older home was mother. When she looked up and saw that it was her son,

So you basically saved Missus Bradley and Ephraim from being murdered by Slim and Hondo by convincing them to stop stabbing them and drive away from the scene. But this incident on June nineteenth is what becomes two charges of attempted murder that gets stuck on you. The guy confined to a wheelchair at the time. Yeah, okay, so Slim and Hondo stabbed both Ephraim and Missus Bradley. You drove them to a motel. At some point, your friend otis back at the mobile home takes the gun Slim and

June twenty thirty, he came over looking for Otis, like one something in the morning. They said, come outsire, I'm gonna go and kill Oldis. I didn't know Otis was out here in the motor home. So when I went out to the front yard going to the motor opened, Oldis stepped out. Hanolds attacked Otis said, may with my gun. He said, we can go get it. He said, too late,

And what would you tell anyone listening now who's wondering why you played any part in getting rid of the body with Slim and Hondo.

I did with any reasonable person not trying to die would have done. I have seen what I saw. I knew I gotta do something that made myself a part of what's going on, and I wasn't as physically able to do nothing to prevent myself from being killed. And I expressed that that was the smartest thing that I could have done at the time for myself instead of doing nothing.

If you had done nothing at all. What do you think Slim and Honda would have done?

I was a little bit too afraid to find out. I was in a position where something happened to my free and Donald Ross, and I knew what I thought was the best thing to do for my silks. They're not two folds now.

This episode is underwritten by Paul Weiss, Rifkin, Porton and Garrison, a leading international law firm. Paul Weiss has long had an unwavering commitment to providing impactful, pro bono legal assistance to the most vulnerable members of our society and in support of the public interest, including extensive work in the

Definitely, I was sign the process. What just happened to show sixty seven o'clock in the morning. That's when I saw the police told that you got who there was? One always said come over here and look at Moved and Blake, and I knew it was. I said, I know where he lives, to the little mother's house. And then when we came back to the scene, I asked my saying, look if I had any information, talk on

So you made a statement to a sergeant Sergeant Preston, and you're going to be a witness and Steve, maybe you can tell us about the next part of the story, which is how Kevin was picked up for cocaine possessions. Sometime later and while in the state's witness holding area of La County Jail, he eventually meets three guys who are responsible for him being in this horle ruble predicament today.

What happened was Kevin got arrested for a possession of cocaine charge and because he was the main witness against Slim and Hondo on a murder case, they put him in with other prosecution witnesses and it's commonly called the snitch Tank, which is a separate jail from the men's central jail. And while Kevin was in there, he told his cellmate, Willie Battle and the guy that was in

They say, we got a guy out here bragging about chilling his guy and sad with lady telling this time, don't kill it. So I end up all from being the actual witness now being the actual killer.

So Kevin became a defendant instead of the prosecution witness. And they moved him out of the snitch tank to another part of the jail. So Kevin's transferred over to the central jail. And then he met a very notorious snitch named Leslie White. And I get a call from Leslie White. I'd never heard of Leslie White. Leslie White says, I understand you're defending Kevin Dykes and that he has been rare it out by two snitches. And I said, that's exactly right. He says well, I can help you.

I gotta be honest. My head is spinning and I didn't even live through this. I mean, this is Kevin. I mean, I'm so sorry that you're living this is like, this is your life we're talking about.

I didn't actually believe that what was going on was even possible. I didn't think that there's doub would hold. I'm like, what, Oh, I'm an actual eye witness. The guys they don't know none about rally, but none about what actually happened. So I didn't really believe the people could do what they were what they were doing to me. I had never even heard about that before.

I mean, this is this is like nothing. I don't think we've ever heard a story like this before. So Steven, what happens next?

When we got to court, all they had was his statement to Sergeant Preston and three snitches, and I couldn't believe that they would even want to proceed with this evidence. But they did, and just before the verdict was issued, I told Kevin, I said, now, Kevin, when you get out of here, you've got to change your ways, be a law abiding citizen and then used to society, and he said, yeah, came mister Houser, I'm going to do that, came back guilty. We were both floored.

You were sentenced to twenty four years to life. Here it is now twenty twenty. You're still in Could you just take us back there, put us in that courtroom with you if you can't.

I actually could not believe the verdant. You know, I actually didn't a crime. I just see how it was possible. Yeah, I was actual eyewitness. I came for I gave him everything they needed, all evidence to call, the weapons. The people he from testify that I didn't attacking. He from will stand like thirty three times and he's test fired I didn't attack him, and it testified that I didn't attack Ms. Browning. That was my friend mother. There was nobody there that said I.

Can't anybody but this And this is something I really need to highlight here, which is that if you go in a jury box and you're presented with a case where someone's life is hanging in the balance, just like Kevin's was, and there's no evidence connecting that persons to the crime except for the testimony of a snitch. You cannot vote to con because it's crazy. I mean, these are people who are clearly incentivized. They may not tell you that at the time, but you have to understand

With the evidence. Where they get apartments, they say, oh, he's grit in my family, So the government gives them money to relocate them movement apartments. All of them end up getting reduced to left white ended up getting out at such five member he came right back any threatened physician attorney. If you don't bake me back out, I'm gonna blow his whole case.

What happened was Leslie White then went on sixty minutes when he was back in again in the jail, and he showed on camera how he could work his magic and get favors from the DA. And then when I saw that, I went down and talked to Leslie White. I said, well, now I know for sure you lied in Kevin's case, and he says, yeah, I did. And I said, well, I want you to sign an affidavit that you lied in Kevin's case because Kevin deserves a

It's all so backwards and upside down. And of course, you know, we have two more characters that are coming up. GG Gordon, who's on the right side of this story, and Willie Battles. We can't leave him out.

Yeah, when this snitch system came out thanks to Leslie White, believe it or not, Gigi Gordon was appointed. She's a defense lawyer. She's deceased now, but she was a criminal defense lawyer friend of mine, and Gigi Gordon was appointed by i think the Supreme Court to do an independent investigation on all of the snitch cases to see if justice was done. And she spent over a year on

They didn't do it retroactively. Am I getting that right? Because it always drives me nuts when we change a law in this country and we don't do it retroactively. How could it be different now than it was before. It doesn't make sense. Didn't make any sense to me, and that's why I appealed it. We went to the Pellate Court in California, then the Supreme Court, and actually when we went to the Supreme Court the first time,

And so if Kevin's case were tried now, they wouldn't have any evidence against him because the only incriminating evidence was from the snitch testimony.

If Kevin's case were to be tried now, they would have no evidence against him. And yet it's thirty four years later and he's I can't this is nuts.

I went to the district attorney with that very argument. With each new district attorney that came in, I would go talk to him and they told me that because of his statement admitting what he did pretending to go along with what is Slim and Honda were doing, because of that statement, that made him guilty. And they said, sorry, you have to present new evidence to us before we're going to recommend anything for Kevin. And I said, what's

And what is the outlook now? I mean, is there hope?

I think Kevin has two hopes parole and with a new DA. I thought Jackie Lacey was very progressive and I had high hopes for Kevin when she put together her Internal Innocent Project and I met with what I thought was a very ethical, fine lawyer, and I got a very unfavorable result. And I asked him during that hearing, I said, you know, as a human being, you know, do you really think that Kevin Dykes was convicted properly fairly? He wouldn't answer. He wouldn't give me an answer.

Nearly a year has gone by since we originally released this episode. In September twenty twenty and shortly thereafter in La County, George Gascon was elected DA, and Steve, last time we spoke, you said that one of the only avenues left for a leaf for Kevin was that very election victory. So you must have been really excited when it became clear that Jackie Lacy was on her way

That is correct, On January fourth, twenty twenty one, I sent a letter to George Gascon, the new DA, alerting him to Kevin's situation, and I was contacted shortly thereafter by a deputy in his conviction integrity unit. She said that she.

Had reviewed the case and she agreed with the former head of their integrity unit under Jackie Lacy that taking out all of the snitch testimony and just focusing in on Kevin's statement both to the police and what he testified to a trial, which were both consistent, that she felt that he was guilty because of what he said he shared in the criminal intent to kill his friend Otus,

Yeah, and with good reason. I mean, let's face it, snitch testimony for the state is almost always incentivized by leniency in the snitch's charges, making that testimony as unreliable as it could be. So this deputy in Gascon's CiU wants to preserve this conviction, saying that Kevin's testimony reaches the burden of proof for criminal intent, when in reality, Kevin was essentially a hostage of Slim and Hondo until

After several back and forth conversations, she was going to bring a motion for resentencing. This was apparently a new law where they could go back into the trial court and petitioned for a change of sentence. She said that if Kevin would agree to change his plea from murder to manslaughter, that they would go along with it, and that he could then be sentenced to whatever the maximum on manslaughter was, which is a lot less than thirty five years that he's been in.

So we're still waiting for that I don't know what's happened, but the district attorney that I was talking to called me and told me that there was some problem with them making this motion because.

Some judge might deny it or she wasn't real clear on that, but that she invited me to think of a way to get around the judge having to make a decision to get Kevin out. So I suggested, well, how about if I file another rit of habeas corpus, and if the district attorney doesn't oppose it, then the judge can grant him a new trial, and once he gets a new trial, then they can dismiss the case because they don't have any evidence. They don't have any admissible evidence.

Right The only evidence they had back then was the snitch testimony, which was totally uncorroborated and therefore now inadmissible under the law that resulted from Leslie White sixty minutes and the subsequent investigation. Not to mention that Jesse Williams recanted, Leslie White took a perjury charge and four years to undo his damage to Kevin and Willie Battles is presumed

I'm not sure what going to happen. It seems like that they're just waiting for the parole hearing.

Right, Kevin is up for parole at the beginning of twenty twenty two.

And if the DA's office does not oppose parole, he will probably get released on parole. However, he will be on parole for the rest of his life for a crime that he did not commit, as well as having served thirty five years for a crime that he did not commit. I think that George Gascon himself has not heard the evidence in this case. Once he realizes exactly what went on in this case, I'm sure that he will see that justice is done and Kevin will get released.

That's our hope as well, and anyone in our audience who feels the same way, and I hope all of you do, can scroll down to the link in the bio. There's a petition to George Gascon to do just that. He's a good man and he's a very reasonable person. I mean, really I honestly like to clone George. He's that kind of guy. We hope that he and others

Well, I know I need the ryting when I went to the police ten and high total food, a total food firm, and jury. Even now, I don't regret doing the riating because he was love for his life and it was important for his mother to know the food what happen to her son. Maybe I wouldn't say that while I'm in jail. He cast me a lot. I've lost like seventeen family members. My mom's hands spoken to you years ago. It talks me a lot. But I

I got And with that, we will now go to closing arguments as they still ring true today with justice delayed in this case, I first of all, thank you both. Turn my microphone off, leave my headphones on, close my eyes, and let you both talk about whatever you want for the last few minutes of the show. Kevin, we're gonna save you for last if that's okay. And Stephen, please just share whatever it is that's on your mind.

Uh well, Kevin, let's hope this is another step to get you out of prison. It's been a long, long road, but I won't give up ever.

And Kevin, over to you.

I'm thankful, you know. And it's taking me a long time, but I'm at peace last year, like the last five years now, and my life now still has purpose and meaning despite what they've done. I owe no feel feelings, force nobody. He is what he is. He is all I've lost all lost in my life. I was twenty four years old. I'm fishing now. I've been seen over

Now.

I'm free, you know I am. I'm at pe and and even if I die in here, I'll be at peace knowing I stood for the swoop into woman. I need the right thing as an adult, so my parents were proud of. There's nothing I can do but keep my mind focusing on what's possible, what could be possible, and how to help us. It is a human opportunity to this god family in my community where I see them. You know, I won't let nothing take that from me.

They let them decide again. But I said I need to be punished for what I needed if they say so, because I pretended, but I was worried for my life, spare it for my life at the time, but I did what I believe being was the right thing and I don't regret doing it.

Thank you for listening to Wrongful Conviction with Jason Flahm. Please support your local innocence projects and go to the link in our bio to see how you can help. I'd like to thank our production team Connor Hall, Jeff Cliburn, and Kevin Warnis. The music on the show, as always, is by three time OSCAR nominated composer Jay Ralph. Be sure to follow us on Instagram at Wrongful Conviction and