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At the moment of conviction, the incentive to safeguard evidence diminishes in the eyes of the Criminal Justice System. That’s why it is critically important to act quickly to ensure evidence remains available for future appeals. Without it, your fight for freedom could be over before it even begins. In this episode, host Michael Semanchik is joined by Raquel Barilla, former Staff Attorney and Volunteer Coordinator at the California Innocence Project; Alissa Bjerkhoel, former Litigation Coordinator at the California Innocence Project; and Alex Simpson, former Associate Director and Resident Expert for Evidence Preservation at the California Innocence Project. Together, they discuss methods for preserving evidence. Tune in to learn what to do if the unthinkable happens.
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Luis Vargas was wrongfully convicted after three separate witnesses misidentified him as the “Teardrop Rapist.” Sixteen years later, DNA linked to the uncaught serial sex offender was found in one of the victim’s clothing from the crime. But for that evidence being preserved, Luis Vargas would have spent the rest of his life behind bars. This is his story.
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In the first 325 DNA exonerations, false identification accounted for 72% of the wrongful convictions. But how is that possible? The simplest explanation is that we are not as good at identifying each other as we think. Add to that a frightening encounter with someone of a different race with no time for the mind to process and you have the perfect formula for getting it all wrong.
Host Michael Semanchik sits down with retired Los Angeles Detective Greg McKnight, Distinguished Professor of Psychology John Wixted, and California Innocence Project Founder Justin Books to discuss the science of misidentifications and why so many people who were so sure got it so wrong. -
Guy Miles was wrongfully convicted after being misidentified by an eyewitness during a robbery investigation in Orange County, California. Although he had once been involved in gangs during his youth, he left that life behind and moved to Nevada for a fresh start. Unfortunately, his past followed him when his photo was included in a “six-pack lineup.” An eyewitness mistakenly identified him as one of the perpetrators, which ultimately led to a life sentence.
It would take a random speeding ticket, admissions from the true criminals, DNA evidence, a recanting investigator, 18 years in prison, and a “Dark Plea” deal to finally set him free. Tune in to hear this harrowing real-life account of wrongful incarceration from the man who lived through it.
Episode Chapters:
00:00 Introduction
01:42 Guy Miles Sets the Scene
05:16 Why Police Use a Photo Lineup
07:27 The Trial
09:53 His Family's Response
11:15 Finding an Innocence Group
12:18 Meeting the Real Perpetrator in Prison
13:17 Six Alibis Testified
14:32 The Speeding Ticket
16:25 "The California 12"
17:33 The Court of Appeal
19:22 From Rejection to Rejection to Plea Deal
25:14 Guy's Release from Prison
28:48 Life After Prison -
Imagine being in prison for decades. You’ve been fighting your appeal for many years. Your lawyer believes you’ll get a new trial but there is no guarantee that you’ll win your freedom. Suddenly, the prosecution offers a plea deal. You can go free but there’s a catch... You have to admit you’re guilty.
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On November 20th 1999, Angela Garcia’s home caught on fire. Surprised and crawling in the dark, she was not able to find her children before the blaze forced her to jump out of a 2nd floor window. She ran to get help but tragically her children would die before anyone could reach them. The State wrongfully accused and convicted her of arson and murdering her family. After nearly 20 years in prison, the prosecution’s case began to fall apart for lack of evidence. A “dark plea” was offered to Angela in May of 2016. If she accepted, she would be released from incarceration in 5 years. But there was a catch, she would have to admit to guilt. What would you do? This is her story.
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Believe it or not, there are many reasons to plead guilty when you’re not.
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Plea deals are necessary to fight crime. Without them, our criminal justice system would grind to a halt, and the bad guys would run free. The downside is that plea deals can ensnare innocent people. Even more scary, once you admit to a crime you didn’t commit, it can take decades to get you out of prison. So why would anyone plead guilty to something they didn’t do? Tune in to hear why with host Michael Semanchik and special guests Justin Brooks, founder of the California Innocence Project, and former Los Angeles County Prosecutor Wayne Little. -
Marilyn Mulero was wrongfully suspected of a Chicago gang murder in 1992. Naive to the criminal justice system, she was frightened into signing a statement by threats of the death penalty from law enforcement. Failing to adequately investigate the case, her attorney pressured Marilyn into making a risky blind plea deal with the court. That gamble turned into the death penalty. This is her story.
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When forensic evidence gets it wrong, how do we free the innocent?
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In our history of criminal prosecutions, some types of evidence ended up being unreliable. Forensic sciences like bite-mark identification, arson investigations, and shaken baby syndrome sent many innocent people to prison. So where does that leave us? How do we make it right?
Lindsay Herf, executive director for the Arizona Justice Project joins host Michael Semanchik to discuss junk science and ways to protect innocent people.
Special thanks to our sponsor Clio. -
In the 1980s and 1990s, Shaken Baby Syndrome (SBS) was a popular medical theory used to arrest and convict innocent parents of fatally abusing their children. Unknown at the time, this theory was severely scientifically flawed. Unfortunately, erroneous data collection led experts to believe certain brain injuries in children could only be the result of abusive shaking. What they didn’t realize was that those “signature” injuries could also be caused by short-falls and disease. It would take decades to unravel their blind faith in this junk science. It is unknown how many innocent parents remain behind bars for a crime they didn’t commit.
Host Michael Semanchik is joined by Katherine Bonaguidi. She is nationally recognized for her expertise in Shaken Baby Syndrome. Formerly a staff attorney with the California Innocence Project, today she works as a San Diego County Public Defender.
Special thanks to our sponsor Clio. -
What happens when forensic science is later found to be false?
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Forensic science is a cornerstone of our criminal justice system. Unfortunately, not all sciences used to prosecute people are reliable. So what happens when forensic science is later debunked? Does that mean everyone convicted by it goes free? The short answer is no. Tune in to hear why. -
A Minor Accident Turns Fatal
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Zavion Johnson was bathing his four month old daughter when she slipped from his grasp and hit her head on the tub. He immediately checked her for injuries but found nothing. Tragically, she harbored unseen internal injuries that Zavion was unaware of. Later in the day, his daughter suddenly turned color. Zavion rushed her to the hospital but it was too late. She died shortly after.
Moments after his daughter’s funeral, Zavion Johnson was arrested for murder under a medical theory called “Shaken Baby Syndrome”. It would take 17 years for the criminal justice system to realize its mistake. This is his story... -
The Lives and Stories of the Wrongfully Convicted
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Welcome back listeners. There is so much left to cover. In upcoming episodes, we will explore topics like Junk Science, Plea deals, Eyewitness Misidentifications, and Evidence Preservation. There is an amazing lineup of guests. We will hear from real-life exoneree Amanda Knox, Oscar nominated filmmaker Matthew Cook, Hollywood producer Scott Budnick, and famed attorney David Rudolph from The Staircase, a Netflix documentary.
So stay tuned... The first episode of season 2, ‘Zavion’s Story’ drops April 11th. -
Despite best intentions, parents can be their child’s worst enemy during an investigation. And innocent people can know the same facts that only guilty criminals do. But how are these things possible? In this part two of two, we talk all about it with Making a Murderer’s Laura Nirider, Certified Forensic Interviewer David Thompson, and former Washington D.C. Police Detective James Trainum.
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It’s the most intriguing question about our criminal justice system. Why do innocent people confess to crimes they didn’t commit? As strange as it seems, it happens regularly and for a variety of reasons like investigator deception, false evidence, and interrogation tactics. In this part one of two, we hear from Making a Murder’s Laura Nirider and Certified Forensic Interviewer David Thompson about why people send themselves to prison for decades even though they are innocent.
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Marty Tankleff was wrongfully convicted of murdering his parents in 1990. Innocent and very young, he would learn the legal system well enough to win his freedom. In the process, Marty would uncover the criminals and deep corruption that killed his family and kept him behind bars for 18 years. His underdog case beckoned help from top firms and caught the eye of Tony Soprano.
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Marty Tankleff was only 17 when his parents were murdered in their Belle Terre home in Long Island, New York. When he needed help from adults the most, he was subjected to a frightening interrogation as a person-of-interest. Traumatized, confused, and in a state of exhaustion he was pressured into making a false confession. It would take 18 years, but eventually Marty would win his freedom and show his parents were likely killed by organized crime to hide a money laundering operation uncovered by his father. This is his incredible story told in his voice.
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So far, we’ve heard from Brian Banks and Uriah Courtney about false accusations and DNA evidence. Coming up in mid-May, we’re going to talk with Marty Tankleff about his false confession and why he admitted to a crime despite being completely innocent. Later this season, we’ll hear about the misidentification of Luis Vargas, Junk Science that put good parents behind bars, and Marilyn Mulero’s plea deal for death.
Featured song ‘Brand New Start’ by our good friend and real-life exoneree William Michael Dillon. -
People are falsely accused of crimes all the time. It’s bad enough when it happens by accident, but it’s even worse when the accuser has something to gain from it. Join us as we explore the role of jailhouse informants and confidential sources in implicating the wrongfully accused with Justin Brooks, Founder and Director of the California Innocence Project, Assistant Public Defender Scott Sanders, and former Investigator Detective Gregory McKnight.
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Welcome to the final episode of our three-part series on the remarkable story of Brian Banks. In this episode, we will delve deeper into the challenges that Brian faced after his release from prison. We also hear about the pivotal moment when a chance encounter with someone from his past offers Brian the chance he needs to clear his name, regain his freedom, and help pave his way to the NFL.
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