November 11, 2024 • 40 mins
On January 24th, 2007, Keith Washington, a police officer and former Lieutenant Colonel in the U.S. Army, was home with his wife and 6 year old daughter while they awaited a delivery from Marlo Furniture store. Two men, Robert White and Brandon Clark, arrived with the furniture, and while showing them to the master bedroom, Keith realized that White had broken away and was snooping in his daughter’s bedroom. Keith asked them to leave which started a fight. Overpowered by the two men, Keith shot them in self defense, killing Clarke. Meanwhile, 12 time convicted felon, Robert White, who wasn’t even a Marlo employee, became the state’s main witness. Keith was convicted and sentenced to 45 years, while Robert White continued his life of crime.
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https://oneinnocentman.org/
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https://www.makinganexoneree.com/
https://www.youtube.com/watch?v=Z9d5w10I_kI&t=1s
https://www.wrongfulconvictionpodcast.com/with-jason-flom
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Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
On wrongful conviction. Many of our guests have served in
the US military. We at lava for good honor America's veterans,
but let this episode serve as a reminder that even
that revered status has historically not been enough to save
innocent Americans from our criminal legal system and those who operated.
Speaker 2 (00:25):
Keith Washington was an Army lieutenant colonel, police officer, and
Homeland security official in Prince George's County, Maryland, when on
January twenty fourth, two thousand and seven, he was at
home having dinner with his wife and daughter while waiting
for a furniture delivery. When the delivery men, Brandon Clark
and Robert White, arrived, Keith invited them into his home. However,
(00:45):
when he found White snooping around his daughter's bedroom, he
asked them to leave, but they wouldn't. Overpowered by the
two much larger men being kicked and stomped on, he
feared for his wife and daughter's lives as well as
his own, so the assailants both were taken to the hospital,
but only Robert White survived. White, a twelve time convicted felon,
(01:07):
fabricated a story that excused him from what was just
one in a string of other home invasions. It's clear
which way this should have gone. With the official corruption
and misconduct the Prince George's county is well documented with
the media frenzy that ensued. The prosecution team all jockeyed
for ways to turn this justifiable shooting into an opportunity
(01:27):
for their own career advancement, with the appearance of upholding
equal standards of justice for those in law enforcement. While
the physical evidence from the investigation supported Keith's story of
self defense, they used the inconsistent story of a career
criminal to send an upstanding citizen away for forty five
years in prison. With the work of his legal team
(01:48):
along with Georgetown Universities making an axanner reprogram, Keith is
finally home after thirteen years, while he continues to fight
to clear his name. This is Wrongful Conviction with Jason Flamm.
(02:14):
Welcome back to Wrongful Conviction. I'm your host, Jason Flamp
and today's episode, well, let me just say this before
I even introduce our two incredible guests today. Our producer
Connor Hall is an excellent researcher. But when he sent
me the research on this case, and I was already
familiar with the case, but I read it twice and
I went, now, there's gotta be mistakes here. This can't
(02:37):
be the way it is. But it's all true, and
you're gonna hear the story straight from the mouth of
the person who lived it. And I'm referring to Keith Washington. Keith,
I'm sorry you're here because of the reason that you're here,
but I'm very, very honored to have you on this
show today.
Speaker 3 (02:54):
Well, listen, Jason, thanks for having me. I'm more than
happy to be here. And with the help of a
lot of good people, Marty, that's the reason I'm here
right now.
Speaker 2 (03:03):
And speaking of Marty, Marty Tanklft, my great friend and
personal hero, has been on the show several times. Actually,
his own story is harrowing as a story he can get.
He was wrongfully convicted of the murder of his parents
and served seventeen years in prison and now but practicing
attorney and a co professor at Georgetown University. He teaches
(03:25):
the Making an exuner reclass, which had everything to do
with helping to get mister Washington out of prison. And
Marty is now Keith Washington's attorney. It's a full circle story,
but it's not over yet. But anyway, Marty, it's so
fucking great to have you on the show in this role.
Speaker 4 (03:44):
Thank you, Jason. It's always an honor and a pleasure
to come on the show as we continue the fight
for justice for so many individuals out there. And when
you hear Keith's story, I think people will just be floored.
Speaker 2 (03:58):
I couldn't said it better. If this happened to Keith Washington,
who is the very definition of an American hero, then
it can happen to anyone. And when I say that,
Keith was a lieutenant colonel in the United States Army,
served over for twenty five years with honor, speaks five languages,
(04:19):
attended some of the foremost military schools in the country,
and everyone's lost count of how many awards and citations
he's received for his service to our country. Upon returning home,
Keith rose up in the ranks of the police department,
served as a police officer for seventeen years with distinction.
Never fired your weapon. I know that you were serving
(04:42):
as a Homeland security official as well. And by the way,
when this happened, the father of a six year old
girl happily married I mean, like, what am I missing here?
You almost sound too good to be true? What are
your flaws? Hey?
Speaker 3 (04:57):
Listen, you know, I thank you for that introduction, and
I thank you for those comments. But I'm just an
average guy that worked hard all his life and tried
to do the right thing.
Speaker 2 (05:06):
So Keith, tell us about your upgringing. You came from
a single mother, right, but give us a little bit
of background if you don't mind.
Speaker 3 (05:14):
Listen, I've had a job since I was thirteen years old.
My mother and father separated, and at that time I
became the man of the house, so to speak.
Speaker 5 (05:21):
And so I had a paper.
Speaker 3 (05:23):
Route every morning from five am on my bicycle with
my mother and I sometimes in the rain, the snow,
whatever the conditions were. And so about seven thirty eight
o'clock in the morning, we'd finished and then I'd head
off the school. At some point in time, my mother
suffered a serious illness. My three sisters had to go
live with relatives. My mother spent five years in a
(05:43):
mill institution, and so as a sixteen year old kid,
I was homeless and just sleep in the car, still
going to school though every morning. At the end of
my senior year, I saw a couple of friends of mine.
I asked where they're going, and they said, hey, we're
going to join the Army. Just that quickly, I said,
I'm going with you. And so I want to say
that everything I've ever done or acquired in my life,
(06:04):
I owe it to the Army, to the values they taught.
Speaker 5 (06:07):
It was the best thing that could have happened to me.
Speaker 3 (06:09):
Ever, from that, I grew into a man stationed over
in Korea for a year and a half as a teenager.
When I came back, I decided I want to go
to college. I went to college at Northwestern State University.
I joined an RTC program. I got commissioned as a
second lieutenant. After three and a half years in the Army,
I graduated and I was sent to Fort Benning, Georgia,
home with the Infantry.
Speaker 5 (06:30):
Completed a few.
Speaker 3 (06:31):
Schools there Airborne School, Infantry Officer Basic Course, a Giant F.
Kennedy School of Special Warfare, few terrorism schools, and assigned
in Special Operations Command. I couldn't believe my life how
within a short almost ten year period had really changed.
Based on the opportunities that the military had provided me.
Around nineteen ninety eleven years later, I joined the police department.
(06:54):
I'm Prince Georgia's and ultimately, after nine to eleven, based
on my background, I was selected to be Deputy Director
of Homeman Security for Pristig's County, and I was just
willing to do what it took to accomplass whatever was
before me.
Speaker 2 (07:07):
It's an amazing story. I mean, you transcended and triumphed
over tough circumstances. I'm not a strong enough way of
saying it. I mean, and you ended up giving back
as well, volunteering at the Cane River Children's Home. I mean,
it's really inspiring and it should have played out in
the way that you deserve, which was to go on
and have a happy, productive life and ultimately, you know,
(07:29):
retire and have a bunch of grandchildren maybe and then
you know, play some golf whatever. And then, of course,
as we know, and as Marty knows intimately as well,
everything can change in a second. And so it did
on January twenty fourth, two thousand and seven. Marty, can
you take us through what happened that awful night?
Speaker 4 (07:51):
Sure? Absolutely so. To put it simply, he defended himself,
his wife and daughter, and tragically instead of being labeled
a hero like a criminal. To walk you through what
happened that day, Keith had taken the day off from
work to accept a furniture delivery from marlow Furniture, and
he was home with his wife, Stacy and his very
young daughter, Kayla. The day passed, still no furniture. He
(08:14):
called Marlowe. They assured him that the delivery would arrive
that night. Finally, during dinner, the delivery men, Brandon Clark
and Robert White arrived. These are furniture movers, some really
big guys. And it's a misnomer to call Robert White
a furniture mover to begin with, because he wasn't even
employed by Marlo Furniture at all. Instead, he was Brandon
Clark's cousin. But the appearance was at that time he
(08:36):
worked for Marlo Furniture. Delivery was meant for the master
bedroom of the first floor, and at some point Keith
recognized that one of the men, Robert White, is not
with him anymore. And Keith was there and he can
give you more of the details.
Speaker 3 (08:51):
Brandon Clark was distracting me while Robert White was in
my daughter's bedroom. I could hear the squeaking floorboards in
my door his bedroom, because I know the sound of
my house. And I asked the guy, I said, where's
your friend? And he wouldn't answer, you know, he just
kept giving me a frivolous answer and tried to brush
me off. And so I look and I see him
(09:13):
poke his head out of my daughter's bedroom, and I said,
what are you doing in there? Come out of there.
He halfway comes out. So I walked toward him. I said, hey,
leave my house. You guys, get out of my house.
And as I got close enough to him, the other
guy punched me in the back of the head, and
then White attacked me from the side. So I'm fighting
two guys in my house, complete strangers, within three minutes
(09:37):
of entering my house.
Speaker 5 (09:38):
You know. We were on the ground, on the.
Speaker 3 (09:40):
Floor, I should say, and the guy, Clark was kicking
me while I was on the floor. Clark's six foot eight,
three hundred and thirty pounds and Robert White six foot two,
two hundred and eighty pounds, and I'm five nine five,
So he's attacking me like kicking me. I pulled my
service revolver, I fired, and I struck both of them.
(10:00):
The assault ceased later Clark died and Robert White lived.
Speaker 2 (10:05):
And as I think about this story, and as a
father myself, I mean, and I think everybody can relate
to this. You would do anything to protect your kids.
We all would, And I'm trying to put myself in
your shoes. At that moment. You're being brutally viciously attacked
right there in your own home, and your wife and
young daughter are right downstairs. These two men are beating
(10:27):
you like and they're winning because you had no shots. Combined,
they weighed four times as much as you did, and
they kicked you so hard that your watch broke, it
flew off of your wrist. I mean, this is a
life and death situation, and you had a grim choice
to make. Am I getting this right?
Speaker 5 (10:46):
No, you're right. Listen.
Speaker 3 (10:47):
My wife and my six year old daughter were home,
and I knew that if I didn't survive, who knows
what would have happened it. In five minutes earlier, we
were having dinner and just sitting around laughing and joking.
And five minutes later, I'm wrestling two strangers fighting two
strangers on the floor in my own home.
Speaker 5 (11:06):
That's how quickly this thing unfolded.
Speaker 3 (11:08):
I mean, it's a heroin thought, but you're a drilling
kicks in and you do what you gotta do.
Speaker 2 (11:23):
This episode is underwritten by AIG, a leading global insurance company,
and by Accentsure, a global professional services company with leading
capabilities in digital, cloud and security. Working to reform the
criminal justice system is a key pillar of the AIG
pro Bono program, which provides free legal services and other
support to many nonprofit organizations and individuals most in need
(11:46):
as part of Excensure's commitment to racial and civil justice.
Accenture's Legal Access Program provides pro bono legal services in
partnership with more than forty organizations, bringing meaningful change to
people and communities worldwide. So the attack finally ceases. Both
(12:09):
men have been shot, your wife has called nine one one,
and police and paramedics arrived. Eventually everyone's taken to the hospital.
What happened next?
Speaker 3 (12:18):
So when they got to the hospital that night, I
guess about fifteen to twenty cops were there, alan the
detectives in charge of a homicide division, and they were
trying to.
Speaker 5 (12:27):
Interview Robert White, and White played at the fifth amendment.
Speaker 3 (12:30):
He refused to talk to the police. He refused to
give a statement. He refused to say what happened. Subsequently,
what we found out is that he did not work
for the French and Delivery company and that he was
picked up on the side of the road by Clark
and brought to my house Alan a couple of other
houses for the best I can tell, other people have
said that they were casing houses. White has several burglary
(12:51):
convictions and several convictions for fencing stolen property. So anyway,
the state's attorney was aware of all that information also
mister White, as I said, the fifth and the state's
attorney in charge of the case, Glenn Ivy, informing two
detectives at the hospital not to arrest Robert White under
any circumstances out of the blue, that they had never
(13:12):
seen a sitting state's attorney, a sitting prosecutor come to
the hospital until the police not to arrest a career criminal,
a suspect in a shooting and an assault, and they
could leave, which they did after he informed them that
they were not to interview mister White or even talk
to him.
Speaker 2 (13:31):
It's so so bizarre, I mean, because obviously Robert White
had a lot to gain. First by his silence and
then by lying, because if Keith was not guilty, then
he and Brandon Clarke were, which wouldn't be hard to
believe with White's twelve that's twelve previous convictions, including assault
(13:52):
and battery, unlawful entry, larceny, grand largely receiving stolen goods,
attempted third degree burglary, first degree burglary pointing a firearm,
domestic violence, and first degreef sexual assault, for which he
had served ten years. He also had over twenty additional
arrests for crimes ranging from peeping tom to attempted murder,
(14:13):
but the state's attorney, Glenn Ivy, who eventually ran for Congress,
purposefully turned a blind eye to all of that and
instead focused on Keith.
Speaker 4 (14:25):
They trying to dig something up that they could use
against Keith, analyzing DNA, fiber transfer, gunshot residue, spenshell, casing's
telephone records, nine one one cole, and so much more.
All of the evidents, of course, didn't show them what
they were looking for, but what it did show was
that Keith had acted in self defense and he'd never
should have been charged.
Speaker 2 (14:44):
And then, despite the clear nature of this incident, twelve
time convicted felon Robert White's flow of inconsistent statements. Let
me repraise that Robert White's flow of total bullshit went
totally unchecked. So they're just ignoring this career criminal who's
a real menace to society. And then here comes the kicker.
(15:06):
Robert White filed a civil action against you, Keith and
Prince George's county, seeking ready four hundred million dollars in
damages arising out of the shooting. Wow, it was dismissed, surprise, surprise,
but not before garnering a serious amount of media coverage.
It also comes out later that someone else had filed
(15:28):
that hand fisted civil action on White's behalf, perhaps someone
who maybe wanted to draw a ton of media coverage,
like a person who wanted to show what a bulwark
of justice they were by holding a decorated veteran law
enforcement officer and Homeland security official to account for what
was alleged to be an unjustified shooting. And by the way,
(15:51):
if it were the case that this was some trigger
happy cop, I'd be the first one to say justice
should be applied equally. But that's just not what this was.
And they fucking knew it. So this media attention ramps
up to public pressure, and the prosecution is aiming to
score big political points and advance their careers if they
(16:12):
bring home the win. And that's not me editorializing. Both
prosecutors were overheard saying things to that effect. And I'm
talking about prosecutors Joseph Wright and William Mumu who had
all the information and evidence proving Keith's use of self defense,
and yet they still argued that the shootings were unprovoked
(16:34):
and unjustified. The state allowed Robert White to create his
own version of events where Keith was unattacked, unprovoked, where
you hadn't been stomped on and kicked, where you hadn't
exhausted all other options before pulling out your service revolver.
They used this testimony that changed every time White recounted
(16:55):
the incident, every time Keith, Can you take us through
some of the evidence that should have ended this prosecution
before it started.
Speaker 3 (17:03):
They had the evidence. The lead investigator, Lieutenant Charlie Walls,
briefed them he had the DNA evidence, the gunshot residue
evidence to trace fiber evidence from the clothing. They said
they never touched me well, I said he was kicking me.
I was on the ground. He was kicking when I
shot him. The clothing fiber evidence showed the fibers from
my shirt invest on his pants lit. So they had
(17:25):
that evidence that contradicted his statement. They had the gunshot residue.
He said that they were shot from across the room.
The gunshot residue test done by the ATF show that
he was shot from three inches away three to twelve inches.
He said he shot from across the room. They resisted
the room and a minimum of eight feet which wouldn't
have left any gunshot resident. He said he called my house.
They had the phone records they showed he never called
(17:46):
my house before they arrived. They said that he was
a delivery man for Marlo's Furniture. Marlow's Furniture had given
them a statement the human resources director, miss A Kila
Ross that not only does he not work for them,
that they've never heard of him or never seen him,
and that Martels would never hire sex offenders to work
in their delivery trucks because their insurance wouldn't cover. They
had the toxicology report that showed that he was on
(18:07):
cocaine the two States attorney denied that the toxicology test was.
Speaker 5 (18:11):
Ever even given on Robert White.
Speaker 3 (18:13):
They proffered to the court, to the jury, and to
the general public that he was in a ploy Mordels furniture,
that he was not a restrosex offender. All of these
things in Moore happened in my trial by these two prosecutors.
Speaker 2 (18:25):
I mean, this is a litany of hers. Right. We
have a prosecution team that is hell bent on convicting
an innocent man while protecting a guilty one, and they
had all of the evidence pointing to Keith's version of
the events, clearly contradicting what Robert White testified to. White
maintained that neither he nor Clark were close enough to
Keith to assault him when he shot them. Now we've
(18:47):
mentioned the gunshot residue and what that meant, but also
White's DNA was found on Keith's gun, Clark's pidfibers were
found on Keith's vest from when he was kicking him.
Neither of these things can happen from across the freaking room.
Speaker 4 (19:02):
None of the spens shell casings recovered by technicians were
located even near the master bedroom where Robert White said
Keith was allegedly standing when he shot them. Instead, the
casings were recovered from the middle of the upstairs hallway
and whole bathroom, where Keith and Stace had maintained that
the altercation had taken place.
Speaker 2 (19:23):
But the prosecution doubled down on the lie. Listen to this.
The prosecutors made thirty one false and misleading statements throughout
the trial that were objected to and sustained. These were
obviously meant to intentionally mislead throw off the jurors. There
were nine objections to statements made by prosecutor Joseph Wright
(19:45):
during his closing argument alone, including that Robert White had
only one conviction and that there was no cocaine test
given to Robert White. These were just straight up lies.
His criminal record and toxicology report were absolutely available, yet
the jury was not made aware of them. This is
just so nuts. It's so wrong. White had denied under
(20:08):
oath to the grand jury about being a sex offender,
which the prosecutors allowed him to do. The state's attorney
in charge of the case knew all of this. The prosecutor,
William Mumau, later said, he said, we put Robert White
on the stand he was a witness of ours. But
you'll never see me standing in front of a jury
(20:30):
saying that this witness says the truth. Wow. Are you
fucking getting me with this shit? Wow? And certainly if
the jury would have learned those things, it would have
had a real impact on the outcome of the trial.
But they didn't get to know these things. They weren't presented,
and these jurors were not mind readers. So for all
(20:53):
the jury knew Robert White and Brandon Clark, which is
too humble furniture delivery man who had the misfortune of
came to the home of a trigger happy cop, a
trigger happy cop who had never used his gun before,
by the way, so let's not leave that out. And
on February thirteenth, two thousand and eight, clearly the prosecution's
lies and manipulations worked. The jury found you guilty, Keith.
(21:17):
And what was that very moment, like I mean, when
you when you heard the word guilty and then when
they sentence you to over two times the maximum sentence.
Speaker 5 (21:28):
As it relates to the moment the jury came back
with the conviction. I watched my.
Speaker 3 (21:32):
Wife cry, I watched my daughter cry, the guy put
handcuffs on me. I watched my sister cry. I watched
a lot of friends and relatives, you know, I felt
bad for them. The pre sence investigation came back with
a minimum of five years in a maximum of twenty years,
and the judge gave me a forty five year sentence.
Speaker 5 (21:51):
He went over one.
Speaker 3 (21:52):
Hundred percent past the maximum sentence that was recommended, and
he went over nine hundred percent passed the minimum sentence
that was recommended, which was five years. And I don't
think anyone's ever receive the forty five year sentence for
involuntary man's form. In prison, you're either World four sheep,
(22:23):
especially in the maximum security state prison. And so the fights,
the stabbings, the gangs, the deaths, the atrocious conditions, the
mental stress, the anxiety, you name it. And you know,
no matter what happens to me, I'm fine with what
happens to me. But I knew that my family was
going to go through the fire with me, because when
a family member goes to prison, you know, in actuality,
(22:45):
the whole.
Speaker 5 (22:45):
Family goes to prison. Their life stops too. It was
my family that suffered. Listen.
Speaker 3 (22:50):
It was the worst feeling I'd ever had, and I
knew that I was going to fight like hell and
get it out of prison. Every minute, every second, every eye,
every day that I was just gonna fight.
Speaker 5 (23:02):
I didn't know anything else to do. I was gonna
work on my case.
Speaker 3 (23:04):
I had twelve volumes of transcripts, and so I talked
to my wife on the phone every day for about
two years. I would dictate Robert White's testimony to her
over the phone and she would type it. I would
sit up at night and go over his testimony, get
all the contradicting statements and put them together out of
those twelve volumes, which was about almost twenty five hundred pages.
Speaker 5 (23:23):
And then we.
Speaker 3 (23:24):
Put a website after about two years of doing that,
because I wanted transparency in the case, to show people
that everything they said was false and that it was
intentionally false. There's two attorneys in the case, William MoU
Mal and Joseph Wright. We found out nine months after
my conviction they had hidden just tons of evidence and
lie about evidence that their own witnesses, their own state experts,
(23:46):
had collected and given to them. Numerous people, including states
attorneys other prosecutors in that office, came forward with statements
that they had told their boss, Hey, they falsified the
evidence in mister Washington's case, they willingly manipulated light, falsify
the evidence, and that mister White is not telling the
truth on any of the issues according to the physical, forensic,
(24:08):
and scientific evidence.
Speaker 5 (24:09):
Mister Ivy, he.
Speaker 3 (24:10):
Told my wife that I got a raw deal, but
he told her privately that there was nothing he would
do because it would affect his wife's political career with
the time was a state.
Speaker 2 (24:19):
Delegate, Jesus Christ. And to add another insult to injury,
after you were wrongfully convicted, Robert White was arrested on
two more occasions for breaking into the homes of two
different women and physically assaulting both of them, which should
outrage all of us. These other incidents didn't have to happen,
(24:42):
and they wouldn't have happened. They had a guy who
you think that anyone in their position right should want
off the street, anyone would want him off the street,
But instead they chose you. I mean, why was doing
what they were supposed to do? Just not a cooler
enough story. I mean, do you have any theories at
(25:03):
all on this?
Speaker 3 (25:04):
Well as near as we can tell, and I believe
we can factually prove and provide to the current State's
Attorney that we have several officers of the court who
called my family and spoke with my family, and they've
illuminated the motive for this case where mister Wright allegedly
bragged to several other attorneys what he and mister Moonmou
(25:25):
were promised for bringing back a conviction. Mister Wright was
promised a political endorsement to run for State's Attorney by
his boss, and that mister Mouvemou was promised to Judge
h This is according to their colleagues in their very
own office, that mister Wright was bragging it he was
going to be the next States Attorney and he had
to deliver the Keith.
Speaker 5 (25:42):
Washington conviction to do that.
Speaker 3 (25:44):
That his boss, mister Ivy, used the case to run
for Congress in twenty ten, and that he was using
this case as he was tough on police corruption and
he ran for Congress on an issue using my case specifically.
And he even went to the police academy and spoke to
numerous people, including the cadets in the police academy, about
my case in police corruption and used me as a
(26:05):
whipping Boy while I was in prison, and so he
ran in twenty ten for Congress.
Speaker 5 (26:09):
He didn't win.
Speaker 3 (26:10):
He lost the primary. Joseph Wright ran for a sex
attorney twenty ten he also lost, and William Mumou put
in for his judge ship and didn't get it. Now,
a new administration came into office in twenty ten, and
so mister Ivy had to fulfill his promises to those
two guys, and he subsequently got Mumau a job as
(26:32):
an assistant US attorney. He didn't get him his judge ship,
but he got him a job as assistant US attorney
from what I'm told, and that mister Mumau's raise a
state's attorney in Prince Rode's County made about fifty five
thousand dollars a year. I'm assuming assistant US attorney makes
about one ten or one twenty somewhere around there as
a GS twelve or so as a significant raise. And
(26:52):
mister Wright was given a judge ship in twenty ten,
so his salary went from fifty five thousand to about
one point.
Speaker 2 (26:59):
Forty Holy actual fuck. I mean you're hearing this from
the people immediately around them who were directly involved in
the case. What about the investigators, I mean, they obviously
knew that this case was built on bullshitting lies as well, right.
Speaker 3 (27:15):
Well, the lead investigator, Lieutenant Walls, he put on the
record that he attended at least three meetings where the
whole conversation between him and mister Wright and mister mumou
that all they talked about was falsifying the evidence before
the trial.
Speaker 5 (27:28):
Mister Wall says he wouldn't go along with it.
Speaker 3 (27:31):
After the meeting, Joseph Wright fired him from the case
and told him to turn over his case files and
they have no further contact with the case. After he
had collected the DNA, he had collected the gunshot residue,
Walls had collected the statements of individuals and homeowners who
had saw injuries on me Later, the state's Attorney's office
came to him and offered him a job as an investigator.
(27:52):
And it said Attorney's office that he could retire from
the police department, draw his pension, and come work for them,
come work for the very people who just.
Speaker 5 (27:59):
Fired him from the case.
Speaker 3 (28:00):
Wall says that he put in his paperwork to retire
from the police department and came back and worked for
the State Attorney's office as an investigator, obviously with a
significant raise, and enjoy your own conclusions. But I would
say it appears to be hush money, and Walo said it.
He'll tell anybody what actually happened if he's subpoena and
asked those questions. Another bit of good news is that
mister Wright is no longer a judge, that he was
(28:23):
convicted in twenty eighteen of perjury and falsifying government documents
by the Maryland Judicial Disability Board that was clearly people
with blind ambition winning to lie, cheater steal involved in
my case, Marty.
Speaker 2 (28:37):
In twenty twenty, your amazing students in the Making Xannery
program there at Georgetown investigated Keith's case and made a
brilliant short documentary about it, and we're going to make
sure to include a link for that in the bio.
And their hard work has made such a phenomenal impact
on this case and so many others. So, Marty, if
you could just summarize for us how it is that
(28:58):
Keith is sitting here with us on the show today.
Speaker 4 (29:01):
After extensive litigation, a retired judge was brought on to
review Keith's entire matter. On May fourteenth of twenty twenty one,
everyone got together and a hearing for a modification of
Keith's sentence was conducted based on the totality of everything
(29:23):
at that time, and it almost broke it down to
time served. Within a few short weeks after the judge
issuing that opinion, Keith was freed. I was there when
Keith walked out. Keith, where were you an hour and
a half ago? And where are you right now?
Speaker 5 (29:42):
Hour and a half ago?
Speaker 3 (29:44):
I was in a department correction space height to three
and now a home.
Speaker 4 (29:49):
For my family And how's the field stakes? And Caylen
to have your husband and your dad home, it feels great.
Speaker 5 (29:55):
It feels like I've been waiting on this for thirteen years.
Speaker 2 (30:00):
And that right there is the sound of Keith freed
from prison, finally back with his family at his home.
It's a beautiful sound.
Speaker 4 (30:11):
We sat around in his backyard and we had pizza
and lemonade and enjoying the fresh air, and we were
just sitting there talking and at one point we kind
of just looked at each other like was this real?
You're trying to fathom the reality that Keith had just
spent over thirteen years in prison, and here we were
(30:33):
sitting in his backyard. There wasn't a bitterness about Keith
about Stacy, you know, there was pure love and joy.
Keith and Stacy have said to myself, Mark and the
students who worked on Keith's case that if we're ever
in the neighborhood and we don't stop by, they'll be
(30:53):
offended because we are family to that. And I think
that is something that just demonstrates Ethan Stacy are. They
are just truly genuine people. Their love is probably stronger
than ever. But even though Keith is free, the intentional,
wrongful conviction is still hanging over Keith's head, whichard shouldn't.
Speaker 2 (31:17):
Be absolutely and Keith, There's been news both a really
long time ago as well as more recently that should
have a positive effect I'm bringing about justice in your case.
We already mentioned that Robert White, just weeks after your
trial was arrested not once, but twice for breaking into
homes and physically assaulting two women. And then there's been
(31:37):
some more recent news.
Speaker 3 (31:38):
A district court commissioner here in Maryland issued an arrest
warrant for Robert White for perjury in my criminal trial. Wow,
So there's a rest warrant out for him as we speak,
you know, So hopefully this will facilitate the case being overturned.
And so now honest and reasonable and ethical people who
are reviewing the case and looking at it can see
that because there's no good expert nation legally or otherwise
(32:02):
as to how this happened. The current ST's attorney, Miss
Brave Boy, she reviewed the evidence and she saw that, hey,
this is an excessive sentence to say the least, notwithstanding
that there are other issues as it relates to an
integrity of mister Washington's conviction. And so we believe they're
going to do the right thing shortly, you know, will
turn it. Due to the fact that mister White now
has been charged with perjury in my case, we can
(32:24):
only be hopeful that justice will prevail in an expeditious
manner because it's been thirteen years.
Speaker 2 (32:31):
Yeah, I think justice is coming in your case. I'm
glad we're able to get the word out about it
through this podcast. We're going to be shouting it from
the rooftops. You've got an incredible team now, so I'm
sure many of our listeners are feeling the same way.
I'm feeling that this is outrageous even by the standards
(32:52):
of what we're used to hearing on the show, and
that they want to help if they can. Is there
a way that people can get involved? What can people do?
And we'll link whatever it is in the bio so
people can easily find it.
Speaker 4 (33:04):
A few things the listeners can do is demand that
I U should Brave Boy meet with us and vindicate
Keith and dismiss his conviction. I think people can support
them making an exonery program and anything Keith needs, because
one thing that I think we as a society fail
to really address and understand is that each year, innocent
(33:28):
men and women get released from prison by exoneration and
they connect with nothing. In many cases, there is literally
no programs available that help individuals reacclimate. If not for
the grace of God that some of those people that
get out have family and friends, I don't know what
(33:50):
those men and women would do. Imagine being locked up
for fifteen twenty years, coming out and having nothing, no underwear,
no soap, no shampoo, no toothbrushes, no toothpaste. Anything. We
as a society can do more. I think the corporations
of America can do more. Thankfully, Keith does have an
(34:14):
amazing wife and daughter, but not everyone is lucky and
fortunate to have that.
Speaker 5 (34:21):
Well.
Speaker 3 (34:21):
I would ask people to go to the one Innocentman
dot org website and familiarize himself with the case and
the evidence and the facts, and as Marty said, to
call missus bray Boy's office hand Upper Marlborough, Maryland and
implore her to go ahead and overturn the case. The
other thing, if you would, we'd like to give Georgetown
all the kudos that they deserve because they're doing great work.
(34:44):
Whatever we can do to support them, that's what we're
going to do.
Speaker 4 (34:47):
On Keith's page one Incanman dot org, which was created
by the three students at Georgetown, there is a donate
button which links directly to Keith's go fundme page. Who
were the three students that worked on your case and
created the website?
Speaker 3 (35:03):
Because I know they are party or family, Josh, Selene
and Trevor.
Speaker 2 (35:08):
All right, Josh, Selene and Trevor shout out from the
wrongful conviction team and from the man himself or the
two men themselves and me keep doing the great work.
I'm really proud of all the kids in the Making
Zannery program. It's been a privilege for me to work
with them and lecture at the school and stuff. So
with that, we will now turn to the closing of
(35:30):
the show, which is called Closing Arguments, and this is
the part of the show that I always look forward to.
First of all, thank you again Keith for your courage,
for your service, for being here with us to share
your incredible story. And of course, Marty Tanklive. What can
I say, Man, you just never cease to amaze me.
And I'm so proud to call you my friend, and
(35:51):
I really appreciate both of you being here. And now
closing Arguments works like this. I turned my microphone off,
kick back in my chair, close my eyes and just
listen to any final thoughts that you want to share. Marty,
let's start with you and save Keith for the closing
of the closing arguments.
Speaker 4 (36:11):
So for me, it's remarkable that I think back to
when I was sitting in a prison myself serving fifty
years to life, and finally in two thousand and seven,
I was freed. And now it's twenty twenty one and
here I am an attorney after a professor at Georgetown
(36:32):
and to our law school, and I get to have
the opportunity to pay it forward and give people back
their lives. I thank Jason and I think the entire
Wrongful Deviction Team because it makes people understand the criminal
justice system in ways that people don't want to believe exist.
(36:55):
We wouldn't fully grasp how many problems or system has
And Jason has been a blessing for the making Exiginerary
program at Georgetown, and for that we are grateful. And
I would be remiss if I didn't say thank you Mark,
who's my partner in doing this at Georgetown, Because with
(37:18):
Mark and our amazing students, we are making a difference
in people's lives, and I think it's the best thing
that you can actually do. I'm always reminded by something
that Joseph Flahm told Jason Flohm, and that's do something
you love that leads a lasting impression and makes a difference.
(37:40):
And if helping students get somebody out of prison doesn't
fulfill that mantra, not really sure what does.
Speaker 2 (37:48):
Keith.
Speaker 3 (37:49):
I learned a long time ago that we all have
our crosses to bear, we all go through difficult times,
We're all based on certainty in our future. We all
fight for a better life for ourselves and our family,
and we've all been hurt and wounded and abandoned. But
you can't give up. And I will tell people never
give up. You're only facing a challenge in your life
(38:10):
that other men have met, and so be of good courage,
be strong of character, and of will, have faith, do
what you must. Love your family, love your life, beautify
your life. When people take your faith, they've really taken
everything that you possess. When they take your courage, they've
taken everything that you possess.
Speaker 5 (38:31):
So without faith and courage, you're just an empty vessel.
Speaker 3 (38:35):
All I want to leave people with is to know
that there are people of good will out there.
Speaker 5 (38:40):
There are people who are just, who are honest, There
are people who have integrity.
Speaker 3 (38:45):
There are people who will fight for you because they
believe in what's right, and I want to applaud those people.
We are kindred spirits, and so wherever you find a
person like that, support them.
Speaker 5 (38:58):
Believe that they're going to.
Speaker 3 (38:59):
Support you if I can help anyone, Because I've been
helped in my life. This has taught me a valuable lesson.
No matter what myself and my family's gone through. We
want to be a light to others. I appreciate everything
that people at Georgetown have done, Marty, Mark Selene, Josh Trevor.
I appreciate the Exoneration Program listen. I appreciate you. Jason.
(39:22):
I appreciate your podcast. I just want to leave the
people who.
Speaker 5 (39:25):
Are listening to your program with something to think about.
Speaker 3 (39:28):
You are what makes this country great, all of us,
and so if there's a deficit somewhere, it's up to
us to fix it no matter where we find it,
and try to leave a better place, a better country,
a better society for the next generation. My wounds will heal,
and so we'll use this as a lesson to be
remembered and learned, and we're going to build from there.
(39:50):
I thank you guys for the platform. I thank you
for supporting our cause and we'll see you around the
water cooler.
Speaker 2 (40:06):
Thank you for listening to Wrongful Conviction. Please support your
local innocence organizations and go to the links in our
bio to see how you can help. I'd like to
thank our production team Connor Hall, Justin Golden, Jeff Clyburn,
and Kevin Wardis. The music on This show as always
is by three time OSCAR nominated composer Jay Ralph. Be
(40:26):
sure to follow us on Instagram at Wrongful Conviction, on
Twitter at wrong Conviction, and on Facebook at Wrongful Conviction Podcast.
Wrongful Conviction is a production of Lava for Good Podcasts
and association with Signal Company Number one
On wrongful conviction. Many of our guests have served in
the US military. We at lava for good honor America's veterans,
but let this episode serve as a reminder that even
that revered status has historically not been enough to save
innocent Americans from our criminal legal system and those who operated.
Speaker 2 (00:25):
Keith Washington was an Army lieutenant colonel, police officer, and
Homeland security official in Prince George's County, Maryland, when on
January twenty fourth, two thousand and seven, he was at
home having dinner with his wife and daughter while waiting
for a furniture delivery. When the delivery men, Brandon Clark
and Robert White, arrived, Keith invited them into his home. However,
(00:45):
when he found White snooping around his daughter's bedroom, he
asked them to leave, but they wouldn't. Overpowered by the
two much larger men being kicked and stomped on, he
feared for his wife and daughter's lives as well as
his own, so the assailants both were taken to the hospital,
but only Robert White survived. White, a twelve time convicted felon,
(01:07):
fabricated a story that excused him from what was just
one in a string of other home invasions. It's clear
which way this should have gone. With the official corruption
and misconduct the Prince George's county is well documented with
the media frenzy that ensued. The prosecution team all jockeyed
for ways to turn this justifiable shooting into an opportunity
(01:27):
for their own career advancement, with the appearance of upholding
equal standards of justice for those in law enforcement. While
the physical evidence from the investigation supported Keith's story of
self defense, they used the inconsistent story of a career
criminal to send an upstanding citizen away for forty five
years in prison. With the work of his legal team
(01:48):
along with Georgetown Universities making an axanner reprogram, Keith is
finally home after thirteen years, while he continues to fight
to clear his name. This is Wrongful Conviction with Jason Flamm.
(02:14):
Welcome back to Wrongful Conviction. I'm your host, Jason Flamp
and today's episode, well, let me just say this before
I even introduce our two incredible guests today. Our producer
Connor Hall is an excellent researcher. But when he sent
me the research on this case, and I was already
familiar with the case, but I read it twice and
I went, now, there's gotta be mistakes here. This can't
(02:37):
be the way it is. But it's all true, and
you're gonna hear the story straight from the mouth of
the person who lived it. And I'm referring to Keith Washington. Keith,
I'm sorry you're here because of the reason that you're here,
but I'm very, very honored to have you on this
show today.
Speaker 3 (02:54):
Well, listen, Jason, thanks for having me. I'm more than
happy to be here. And with the help of a
lot of good people, Marty, that's the reason I'm here
right now.
Speaker 2 (03:03):
And speaking of Marty, Marty Tanklft, my great friend and
personal hero, has been on the show several times. Actually,
his own story is harrowing as a story he can get.
He was wrongfully convicted of the murder of his parents
and served seventeen years in prison and now but practicing
attorney and a co professor at Georgetown University. He teaches
(03:25):
the Making an exuner reclass, which had everything to do
with helping to get mister Washington out of prison. And
Marty is now Keith Washington's attorney. It's a full circle story,
but it's not over yet. But anyway, Marty, it's so
fucking great to have you on the show in this role.
Speaker 4 (03:44):
Thank you, Jason. It's always an honor and a pleasure
to come on the show as we continue the fight
for justice for so many individuals out there. And when
you hear Keith's story, I think people will just be floored.
Speaker 2 (03:58):
I couldn't said it better. If this happened to Keith Washington,
who is the very definition of an American hero, then
it can happen to anyone. And when I say that,
Keith was a lieutenant colonel in the United States Army,
served over for twenty five years with honor, speaks five languages,
(04:19):
attended some of the foremost military schools in the country,
and everyone's lost count of how many awards and citations
he's received for his service to our country. Upon returning home,
Keith rose up in the ranks of the police department,
served as a police officer for seventeen years with distinction.
Never fired your weapon. I know that you were serving
(04:42):
as a Homeland security official as well. And by the way,
when this happened, the father of a six year old
girl happily married I mean, like, what am I missing here?
You almost sound too good to be true? What are
your flaws? Hey?
Speaker 3 (04:57):
Listen, you know, I thank you for that introduction, and
I thank you for those comments. But I'm just an
average guy that worked hard all his life and tried
to do the right thing.
Speaker 2 (05:06):
So Keith, tell us about your upgringing. You came from
a single mother, right, but give us a little bit
of background if you don't mind.
Speaker 3 (05:14):
Listen, I've had a job since I was thirteen years old.
My mother and father separated, and at that time I
became the man of the house, so to speak.
Speaker 5 (05:21):
And so I had a paper.
Speaker 3 (05:23):
Route every morning from five am on my bicycle with
my mother and I sometimes in the rain, the snow,
whatever the conditions were. And so about seven thirty eight
o'clock in the morning, we'd finished and then I'd head
off the school. At some point in time, my mother
suffered a serious illness. My three sisters had to go
live with relatives. My mother spent five years in a
(05:43):
mill institution, and so as a sixteen year old kid,
I was homeless and just sleep in the car, still
going to school though every morning. At the end of
my senior year, I saw a couple of friends of mine.
I asked where they're going, and they said, hey, we're
going to join the Army. Just that quickly, I said,
I'm going with you. And so I want to say
that everything I've ever done or acquired in my life,
(06:04):
I owe it to the Army, to the values they taught.
Speaker 5 (06:07):
It was the best thing that could have happened to me.
Speaker 3 (06:09):
Ever, from that, I grew into a man stationed over
in Korea for a year and a half as a teenager.
When I came back, I decided I want to go
to college. I went to college at Northwestern State University.
I joined an RTC program. I got commissioned as a
second lieutenant. After three and a half years in the Army,
I graduated and I was sent to Fort Benning, Georgia,
home with the Infantry.
Speaker 5 (06:30):
Completed a few.
Speaker 3 (06:31):
Schools there Airborne School, Infantry Officer Basic Course, a Giant F.
Kennedy School of Special Warfare, few terrorism schools, and assigned
in Special Operations Command. I couldn't believe my life how
within a short almost ten year period had really changed.
Based on the opportunities that the military had provided me.
Around nineteen ninety eleven years later, I joined the police department.
(06:54):
I'm Prince Georgia's and ultimately, after nine to eleven, based
on my background, I was selected to be Deputy Director
of Homeman Security for Pristig's County, and I was just
willing to do what it took to accomplass whatever was
before me.
Speaker 2 (07:07):
It's an amazing story. I mean, you transcended and triumphed
over tough circumstances. I'm not a strong enough way of
saying it. I mean, and you ended up giving back
as well, volunteering at the Cane River Children's Home. I mean,
it's really inspiring and it should have played out in
the way that you deserve, which was to go on
and have a happy, productive life and ultimately, you know,
(07:29):
retire and have a bunch of grandchildren maybe and then
you know, play some golf whatever. And then, of course,
as we know, and as Marty knows intimately as well,
everything can change in a second. And so it did
on January twenty fourth, two thousand and seven. Marty, can
you take us through what happened that awful night?
Speaker 4 (07:51):
Sure? Absolutely so. To put it simply, he defended himself,
his wife and daughter, and tragically instead of being labeled
a hero like a criminal. To walk you through what
happened that day, Keith had taken the day off from
work to accept a furniture delivery from marlow Furniture, and
he was home with his wife, Stacy and his very
young daughter, Kayla. The day passed, still no furniture. He
(08:14):
called Marlowe. They assured him that the delivery would arrive
that night. Finally, during dinner, the delivery men, Brandon Clark
and Robert White arrived. These are furniture movers, some really
big guys. And it's a misnomer to call Robert White
a furniture mover to begin with, because he wasn't even
employed by Marlo Furniture at all. Instead, he was Brandon
Clark's cousin. But the appearance was at that time he
(08:36):
worked for Marlo Furniture. Delivery was meant for the master
bedroom of the first floor, and at some point Keith
recognized that one of the men, Robert White, is not
with him anymore. And Keith was there and he can
give you more of the details.
Speaker 3 (08:51):
Brandon Clark was distracting me while Robert White was in
my daughter's bedroom. I could hear the squeaking floorboards in
my door his bedroom, because I know the sound of
my house. And I asked the guy, I said, where's
your friend? And he wouldn't answer, you know, he just
kept giving me a frivolous answer and tried to brush
me off. And so I look and I see him
(09:13):
poke his head out of my daughter's bedroom, and I said,
what are you doing in there? Come out of there.
He halfway comes out. So I walked toward him. I said, hey,
leave my house. You guys, get out of my house.
And as I got close enough to him, the other
guy punched me in the back of the head, and
then White attacked me from the side. So I'm fighting
two guys in my house, complete strangers, within three minutes
(09:37):
of entering my house.
Speaker 5 (09:38):
You know. We were on the ground, on the.
Speaker 3 (09:40):
Floor, I should say, and the guy, Clark was kicking
me while I was on the floor. Clark's six foot eight,
three hundred and thirty pounds and Robert White six foot two,
two hundred and eighty pounds, and I'm five nine five,
So he's attacking me like kicking me. I pulled my
service revolver, I fired, and I struck both of them.
(10:00):
The assault ceased later Clark died and Robert White lived.
Speaker 2 (10:05):
And as I think about this story, and as a
father myself, I mean, and I think everybody can relate
to this. You would do anything to protect your kids.
We all would, And I'm trying to put myself in
your shoes. At that moment. You're being brutally viciously attacked
right there in your own home, and your wife and
young daughter are right downstairs. These two men are beating
(10:27):
you like and they're winning because you had no shots. Combined,
they weighed four times as much as you did, and
they kicked you so hard that your watch broke, it
flew off of your wrist. I mean, this is a
life and death situation, and you had a grim choice
to make. Am I getting this right?
Speaker 5 (10:46):
No, you're right. Listen.
Speaker 3 (10:47):
My wife and my six year old daughter were home,
and I knew that if I didn't survive, who knows
what would have happened it. In five minutes earlier, we
were having dinner and just sitting around laughing and joking.
And five minutes later, I'm wrestling two strangers fighting two
strangers on the floor in my own home.
Speaker 5 (11:06):
That's how quickly this thing unfolded.
Speaker 3 (11:08):
I mean, it's a heroin thought, but you're a drilling
kicks in and you do what you gotta do.
Speaker 2 (11:23):
This episode is underwritten by AIG, a leading global insurance company,
and by Accentsure, a global professional services company with leading
capabilities in digital, cloud and security. Working to reform the
criminal justice system is a key pillar of the AIG
pro Bono program, which provides free legal services and other
support to many nonprofit organizations and individuals most in need
(11:46):
as part of Excensure's commitment to racial and civil justice.
Accenture's Legal Access Program provides pro bono legal services in
partnership with more than forty organizations, bringing meaningful change to
people and communities worldwide. So the attack finally ceases. Both
(12:09):
men have been shot, your wife has called nine one one,
and police and paramedics arrived. Eventually everyone's taken to the hospital.
What happened next?
Speaker 3 (12:18):
So when they got to the hospital that night, I
guess about fifteen to twenty cops were there, alan the
detectives in charge of a homicide division, and they were
trying to.
Speaker 5 (12:27):
Interview Robert White, and White played at the fifth amendment.
Speaker 3 (12:30):
He refused to talk to the police. He refused to
give a statement. He refused to say what happened. Subsequently,
what we found out is that he did not work
for the French and Delivery company and that he was
picked up on the side of the road by Clark
and brought to my house Alan a couple of other
houses for the best I can tell, other people have
said that they were casing houses. White has several burglary
(12:51):
convictions and several convictions for fencing stolen property. So anyway,
the state's attorney was aware of all that information also
mister White, as I said, the fifth and the state's
attorney in charge of the case, Glenn Ivy, informing two
detectives at the hospital not to arrest Robert White under
any circumstances out of the blue, that they had never
(13:12):
seen a sitting state's attorney, a sitting prosecutor come to
the hospital until the police not to arrest a career criminal,
a suspect in a shooting and an assault, and they
could leave, which they did after he informed them that
they were not to interview mister White or even talk
to him.
Speaker 2 (13:31):
It's so so bizarre, I mean, because obviously Robert White
had a lot to gain. First by his silence and
then by lying, because if Keith was not guilty, then
he and Brandon Clarke were, which wouldn't be hard to
believe with White's twelve that's twelve previous convictions, including assault
(13:52):
and battery, unlawful entry, larceny, grand largely receiving stolen goods,
attempted third degree burglary, first degree burglary pointing a firearm,
domestic violence, and first degreef sexual assault, for which he
had served ten years. He also had over twenty additional
arrests for crimes ranging from peeping tom to attempted murder,
(14:13):
but the state's attorney, Glenn Ivy, who eventually ran for Congress,
purposefully turned a blind eye to all of that and
instead focused on Keith.
Speaker 4 (14:25):
They trying to dig something up that they could use
against Keith, analyzing DNA, fiber transfer, gunshot residue, spenshell, casing's
telephone records, nine one one cole, and so much more.
All of the evidents, of course, didn't show them what
they were looking for, but what it did show was
that Keith had acted in self defense and he'd never
should have been charged.
Speaker 2 (14:44):
And then, despite the clear nature of this incident, twelve
time convicted felon Robert White's flow of inconsistent statements. Let
me repraise that Robert White's flow of total bullshit went
totally unchecked. So they're just ignoring this career criminal who's
a real menace to society. And then here comes the kicker.
(15:06):
Robert White filed a civil action against you, Keith and
Prince George's county, seeking ready four hundred million dollars in
damages arising out of the shooting. Wow, it was dismissed, surprise, surprise,
but not before garnering a serious amount of media coverage.
It also comes out later that someone else had filed
(15:28):
that hand fisted civil action on White's behalf, perhaps someone
who maybe wanted to draw a ton of media coverage,
like a person who wanted to show what a bulwark
of justice they were by holding a decorated veteran law
enforcement officer and Homeland security official to account for what
was alleged to be an unjustified shooting. And by the way,
(15:51):
if it were the case that this was some trigger
happy cop, I'd be the first one to say justice
should be applied equally. But that's just not what this was.
And they fucking knew it. So this media attention ramps
up to public pressure, and the prosecution is aiming to
score big political points and advance their careers if they
(16:12):
bring home the win. And that's not me editorializing. Both
prosecutors were overheard saying things to that effect. And I'm
talking about prosecutors Joseph Wright and William Mumu who had
all the information and evidence proving Keith's use of self defense,
and yet they still argued that the shootings were unprovoked
(16:34):
and unjustified. The state allowed Robert White to create his
own version of events where Keith was unattacked, unprovoked, where
you hadn't been stomped on and kicked, where you hadn't
exhausted all other options before pulling out your service revolver.
They used this testimony that changed every time White recounted
(16:55):
the incident, every time Keith, Can you take us through
some of the evidence that should have ended this prosecution
before it started.
Speaker 3 (17:03):
They had the evidence. The lead investigator, Lieutenant Charlie Walls,
briefed them he had the DNA evidence, the gunshot residue
evidence to trace fiber evidence from the clothing. They said
they never touched me well, I said he was kicking me.
I was on the ground. He was kicking when I
shot him. The clothing fiber evidence showed the fibers from
my shirt invest on his pants lit. So they had
(17:25):
that evidence that contradicted his statement. They had the gunshot residue.
He said that they were shot from across the room.
The gunshot residue test done by the ATF show that
he was shot from three inches away three to twelve inches.
He said he shot from across the room. They resisted
the room and a minimum of eight feet which wouldn't
have left any gunshot resident. He said he called my house.
They had the phone records they showed he never called
(17:46):
my house before they arrived. They said that he was
a delivery man for Marlo's Furniture. Marlow's Furniture had given
them a statement the human resources director, miss A Kila
Ross that not only does he not work for them,
that they've never heard of him or never seen him,
and that Martels would never hire sex offenders to work
in their delivery trucks because their insurance wouldn't cover. They
had the toxicology report that showed that he was on
(18:07):
cocaine the two States attorney denied that the toxicology test was.
Speaker 5 (18:11):
Ever even given on Robert White.
Speaker 3 (18:13):
They proffered to the court, to the jury, and to
the general public that he was in a ploy Mordels furniture,
that he was not a restrosex offender. All of these
things in Moore happened in my trial by these two prosecutors.
Speaker 2 (18:25):
I mean, this is a litany of hers. Right. We
have a prosecution team that is hell bent on convicting
an innocent man while protecting a guilty one, and they
had all of the evidence pointing to Keith's version of
the events, clearly contradicting what Robert White testified to. White
maintained that neither he nor Clark were close enough to
Keith to assault him when he shot them. Now we've
(18:47):
mentioned the gunshot residue and what that meant, but also
White's DNA was found on Keith's gun, Clark's pidfibers were
found on Keith's vest from when he was kicking him.
Neither of these things can happen from across the freaking room.
Speaker 4 (19:02):
None of the spens shell casings recovered by technicians were
located even near the master bedroom where Robert White said
Keith was allegedly standing when he shot them. Instead, the
casings were recovered from the middle of the upstairs hallway
and whole bathroom, where Keith and Stace had maintained that
the altercation had taken place.
Speaker 2 (19:23):
But the prosecution doubled down on the lie. Listen to this.
The prosecutors made thirty one false and misleading statements throughout
the trial that were objected to and sustained. These were
obviously meant to intentionally mislead throw off the jurors. There
were nine objections to statements made by prosecutor Joseph Wright
(19:45):
during his closing argument alone, including that Robert White had
only one conviction and that there was no cocaine test
given to Robert White. These were just straight up lies.
His criminal record and toxicology report were absolutely available, yet
the jury was not made aware of them. This is
just so nuts. It's so wrong. White had denied under
(20:08):
oath to the grand jury about being a sex offender,
which the prosecutors allowed him to do. The state's attorney
in charge of the case knew all of this. The prosecutor,
William Mumau, later said, he said, we put Robert White
on the stand he was a witness of ours. But
you'll never see me standing in front of a jury
(20:30):
saying that this witness says the truth. Wow. Are you
fucking getting me with this shit? Wow? And certainly if
the jury would have learned those things, it would have
had a real impact on the outcome of the trial.
But they didn't get to know these things. They weren't presented,
and these jurors were not mind readers. So for all
(20:53):
the jury knew Robert White and Brandon Clark, which is
too humble furniture delivery man who had the misfortune of
came to the home of a trigger happy cop, a
trigger happy cop who had never used his gun before,
by the way, so let's not leave that out. And
on February thirteenth, two thousand and eight, clearly the prosecution's
lies and manipulations worked. The jury found you guilty, Keith.
(21:17):
And what was that very moment, like I mean, when
you when you heard the word guilty and then when
they sentence you to over two times the maximum sentence.
Speaker 5 (21:28):
As it relates to the moment the jury came back
with the conviction. I watched my.
Speaker 3 (21:32):
Wife cry, I watched my daughter cry, the guy put
handcuffs on me. I watched my sister cry. I watched
a lot of friends and relatives, you know, I felt
bad for them. The pre sence investigation came back with
a minimum of five years in a maximum of twenty years,
and the judge gave me a forty five year sentence.
Speaker 5 (21:51):
He went over one.
Speaker 3 (21:52):
Hundred percent past the maximum sentence that was recommended, and
he went over nine hundred percent passed the minimum sentence
that was recommended, which was five years. And I don't
think anyone's ever receive the forty five year sentence for
involuntary man's form. In prison, you're either World four sheep,
(22:23):
especially in the maximum security state prison. And so the fights,
the stabbings, the gangs, the deaths, the atrocious conditions, the
mental stress, the anxiety, you name it. And you know,
no matter what happens to me, I'm fine with what
happens to me. But I knew that my family was
going to go through the fire with me, because when
a family member goes to prison, you know, in actuality,
(22:45):
the whole.
Speaker 5 (22:45):
Family goes to prison. Their life stops too. It was
my family that suffered. Listen.
Speaker 3 (22:50):
It was the worst feeling I'd ever had, and I
knew that I was going to fight like hell and
get it out of prison. Every minute, every second, every eye,
every day that I was just gonna fight.
Speaker 5 (23:02):
I didn't know anything else to do. I was gonna
work on my case.
Speaker 3 (23:04):
I had twelve volumes of transcripts, and so I talked
to my wife on the phone every day for about
two years. I would dictate Robert White's testimony to her
over the phone and she would type it. I would
sit up at night and go over his testimony, get
all the contradicting statements and put them together out of
those twelve volumes, which was about almost twenty five hundred pages.
Speaker 5 (23:23):
And then we.
Speaker 3 (23:24):
Put a website after about two years of doing that,
because I wanted transparency in the case, to show people
that everything they said was false and that it was
intentionally false. There's two attorneys in the case, William MoU
Mal and Joseph Wright. We found out nine months after
my conviction they had hidden just tons of evidence and
lie about evidence that their own witnesses, their own state experts,
(23:46):
had collected and given to them. Numerous people, including states
attorneys other prosecutors in that office, came forward with statements
that they had told their boss, Hey, they falsified the
evidence in mister Washington's case, they willingly manipulated light, falsify
the evidence, and that mister White is not telling the
truth on any of the issues according to the physical, forensic,
(24:08):
and scientific evidence.
Speaker 5 (24:09):
Mister Ivy, he.
Speaker 3 (24:10):
Told my wife that I got a raw deal, but
he told her privately that there was nothing he would
do because it would affect his wife's political career with
the time was a state.
Speaker 2 (24:19):
Delegate, Jesus Christ. And to add another insult to injury,
after you were wrongfully convicted, Robert White was arrested on
two more occasions for breaking into the homes of two
different women and physically assaulting both of them, which should
outrage all of us. These other incidents didn't have to happen,
(24:42):
and they wouldn't have happened. They had a guy who
you think that anyone in their position right should want
off the street, anyone would want him off the street,
But instead they chose you. I mean, why was doing
what they were supposed to do? Just not a cooler
enough story. I mean, do you have any theories at
(25:03):
all on this?
Speaker 3 (25:04):
Well as near as we can tell, and I believe
we can factually prove and provide to the current State's
Attorney that we have several officers of the court who
called my family and spoke with my family, and they've
illuminated the motive for this case where mister Wright allegedly
bragged to several other attorneys what he and mister Moonmou
(25:25):
were promised for bringing back a conviction. Mister Wright was
promised a political endorsement to run for State's Attorney by
his boss, and that mister Mouvemou was promised to Judge
h This is according to their colleagues in their very
own office, that mister Wright was bragging it he was
going to be the next States Attorney and he had
to deliver the Keith.
Speaker 5 (25:42):
Washington conviction to do that.
Speaker 3 (25:44):
That his boss, mister Ivy, used the case to run
for Congress in twenty ten, and that he was using
this case as he was tough on police corruption and
he ran for Congress on an issue using my case specifically.
And he even went to the police academy and spoke to
numerous people, including the cadets in the police academy, about
my case in police corruption and used me as a
(26:05):
whipping Boy while I was in prison, and so he
ran in twenty ten for Congress.
Speaker 5 (26:09):
He didn't win.
Speaker 3 (26:10):
He lost the primary. Joseph Wright ran for a sex
attorney twenty ten he also lost, and William Mumou put
in for his judge ship and didn't get it. Now,
a new administration came into office in twenty ten, and
so mister Ivy had to fulfill his promises to those
two guys, and he subsequently got Mumau a job as
(26:32):
an assistant US attorney. He didn't get him his judge ship,
but he got him a job as assistant US attorney
from what I'm told, and that mister Mumau's raise a
state's attorney in Prince Rode's County made about fifty five
thousand dollars a year. I'm assuming assistant US attorney makes
about one ten or one twenty somewhere around there as
a GS twelve or so as a significant raise. And
(26:52):
mister Wright was given a judge ship in twenty ten,
so his salary went from fifty five thousand to about
one point.
Speaker 2 (26:59):
Forty Holy actual fuck. I mean you're hearing this from
the people immediately around them who were directly involved in
the case. What about the investigators, I mean, they obviously
knew that this case was built on bullshitting lies as well, right.
Speaker 3 (27:15):
Well, the lead investigator, Lieutenant Walls, he put on the
record that he attended at least three meetings where the
whole conversation between him and mister Wright and mister mumou
that all they talked about was falsifying the evidence before
the trial.
Speaker 5 (27:28):
Mister Wall says he wouldn't go along with it.
Speaker 3 (27:31):
After the meeting, Joseph Wright fired him from the case
and told him to turn over his case files and
they have no further contact with the case. After he
had collected the DNA, he had collected the gunshot residue,
Walls had collected the statements of individuals and homeowners who
had saw injuries on me Later, the state's Attorney's office
came to him and offered him a job as an investigator.
(27:52):
And it said Attorney's office that he could retire from
the police department, draw his pension, and come work for them,
come work for the very people who just.
Speaker 5 (27:59):
Fired him from the case.
Speaker 3 (28:00):
Wall says that he put in his paperwork to retire
from the police department and came back and worked for
the State Attorney's office as an investigator, obviously with a
significant raise, and enjoy your own conclusions. But I would
say it appears to be hush money, and Walo said it.
He'll tell anybody what actually happened if he's subpoena and
asked those questions. Another bit of good news is that
mister Wright is no longer a judge, that he was
(28:23):
convicted in twenty eighteen of perjury and falsifying government documents
by the Maryland Judicial Disability Board that was clearly people
with blind ambition winning to lie, cheater steal involved in
my case, Marty.
Speaker 2 (28:37):
In twenty twenty, your amazing students in the Making Xannery
program there at Georgetown investigated Keith's case and made a
brilliant short documentary about it, and we're going to make
sure to include a link for that in the bio.
And their hard work has made such a phenomenal impact
on this case and so many others. So, Marty, if
you could just summarize for us how it is that
(28:58):
Keith is sitting here with us on the show today.
Speaker 4 (29:01):
After extensive litigation, a retired judge was brought on to
review Keith's entire matter. On May fourteenth of twenty twenty one,
everyone got together and a hearing for a modification of
Keith's sentence was conducted based on the totality of everything
(29:23):
at that time, and it almost broke it down to
time served. Within a few short weeks after the judge
issuing that opinion, Keith was freed. I was there when
Keith walked out. Keith, where were you an hour and
a half ago? And where are you right now?
Speaker 5 (29:42):
Hour and a half ago?
Speaker 3 (29:44):
I was in a department correction space height to three
and now a home.
Speaker 4 (29:49):
For my family And how's the field stakes? And Caylen
to have your husband and your dad home, it feels great.
Speaker 5 (29:55):
It feels like I've been waiting on this for thirteen years.
Speaker 2 (30:00):
And that right there is the sound of Keith freed
from prison, finally back with his family at his home.
It's a beautiful sound.
Speaker 4 (30:11):
We sat around in his backyard and we had pizza
and lemonade and enjoying the fresh air, and we were
just sitting there talking and at one point we kind
of just looked at each other like was this real?
You're trying to fathom the reality that Keith had just
spent over thirteen years in prison, and here we were
(30:33):
sitting in his backyard. There wasn't a bitterness about Keith
about Stacy, you know, there was pure love and joy.
Keith and Stacy have said to myself, Mark and the
students who worked on Keith's case that if we're ever
in the neighborhood and we don't stop by, they'll be
(30:53):
offended because we are family to that. And I think
that is something that just demonstrates Ethan Stacy are. They
are just truly genuine people. Their love is probably stronger
than ever. But even though Keith is free, the intentional,
wrongful conviction is still hanging over Keith's head, whichard shouldn't.
Speaker 2 (31:17):
Be absolutely and Keith, There's been news both a really
long time ago as well as more recently that should
have a positive effect I'm bringing about justice in your case.
We already mentioned that Robert White, just weeks after your
trial was arrested not once, but twice for breaking into
homes and physically assaulting two women. And then there's been
(31:37):
some more recent news.
Speaker 3 (31:38):
A district court commissioner here in Maryland issued an arrest
warrant for Robert White for perjury in my criminal trial. Wow,
So there's a rest warrant out for him as we speak,
you know, So hopefully this will facilitate the case being overturned.
And so now honest and reasonable and ethical people who
are reviewing the case and looking at it can see
that because there's no good expert nation legally or otherwise
(32:02):
as to how this happened. The current ST's attorney, Miss
Brave Boy, she reviewed the evidence and she saw that, hey,
this is an excessive sentence to say the least, notwithstanding
that there are other issues as it relates to an
integrity of mister Washington's conviction. And so we believe they're
going to do the right thing shortly, you know, will
turn it. Due to the fact that mister White now
has been charged with perjury in my case, we can
(32:24):
only be hopeful that justice will prevail in an expeditious
manner because it's been thirteen years.
Speaker 2 (32:31):
Yeah, I think justice is coming in your case. I'm
glad we're able to get the word out about it
through this podcast. We're going to be shouting it from
the rooftops. You've got an incredible team now, so I'm
sure many of our listeners are feeling the same way.
I'm feeling that this is outrageous even by the standards
(32:52):
of what we're used to hearing on the show, and
that they want to help if they can. Is there
a way that people can get involved? What can people do?
And we'll link whatever it is in the bio so
people can easily find it.
Speaker 4 (33:04):
A few things the listeners can do is demand that
I U should Brave Boy meet with us and vindicate
Keith and dismiss his conviction. I think people can support
them making an exonery program and anything Keith needs, because
one thing that I think we as a society fail
to really address and understand is that each year, innocent
(33:28):
men and women get released from prison by exoneration and
they connect with nothing. In many cases, there is literally
no programs available that help individuals reacclimate. If not for
the grace of God that some of those people that
get out have family and friends, I don't know what
(33:50):
those men and women would do. Imagine being locked up
for fifteen twenty years, coming out and having nothing, no underwear,
no soap, no shampoo, no toothbrushes, no toothpaste. Anything. We
as a society can do more. I think the corporations
of America can do more. Thankfully, Keith does have an
(34:14):
amazing wife and daughter, but not everyone is lucky and
fortunate to have that.
Speaker 5 (34:21):
Well.
Speaker 3 (34:21):
I would ask people to go to the one Innocentman
dot org website and familiarize himself with the case and
the evidence and the facts, and as Marty said, to
call missus bray Boy's office hand Upper Marlborough, Maryland and
implore her to go ahead and overturn the case. The
other thing, if you would, we'd like to give Georgetown
all the kudos that they deserve because they're doing great work.
(34:44):
Whatever we can do to support them, that's what we're
going to do.
Speaker 4 (34:47):
On Keith's page one Incanman dot org, which was created
by the three students at Georgetown, there is a donate
button which links directly to Keith's go fundme page. Who
were the three students that worked on your case and
created the website?
Speaker 3 (35:03):
Because I know they are party or family, Josh, Selene
and Trevor.
Speaker 2 (35:08):
All right, Josh, Selene and Trevor shout out from the
wrongful conviction team and from the man himself or the
two men themselves and me keep doing the great work.
I'm really proud of all the kids in the Making
Zannery program. It's been a privilege for me to work
with them and lecture at the school and stuff. So
with that, we will now turn to the closing of
(35:30):
the show, which is called Closing Arguments, and this is
the part of the show that I always look forward to.
First of all, thank you again Keith for your courage,
for your service, for being here with us to share
your incredible story. And of course, Marty Tanklive. What can
I say, Man, you just never cease to amaze me.
And I'm so proud to call you my friend, and
(35:51):
I really appreciate both of you being here. And now
closing Arguments works like this. I turned my microphone off,
kick back in my chair, close my eyes and just
listen to any final thoughts that you want to share. Marty,
let's start with you and save Keith for the closing
of the closing arguments.
Speaker 4 (36:11):
So for me, it's remarkable that I think back to
when I was sitting in a prison myself serving fifty
years to life, and finally in two thousand and seven,
I was freed. And now it's twenty twenty one and
here I am an attorney after a professor at Georgetown
(36:32):
and to our law school, and I get to have
the opportunity to pay it forward and give people back
their lives. I thank Jason and I think the entire
Wrongful Deviction Team because it makes people understand the criminal
justice system in ways that people don't want to believe exist.
(36:55):
We wouldn't fully grasp how many problems or system has
And Jason has been a blessing for the making Exiginerary
program at Georgetown, and for that we are grateful. And
I would be remiss if I didn't say thank you Mark,
who's my partner in doing this at Georgetown, Because with
(37:18):
Mark and our amazing students, we are making a difference
in people's lives, and I think it's the best thing
that you can actually do. I'm always reminded by something
that Joseph Flahm told Jason Flohm, and that's do something
you love that leads a lasting impression and makes a difference.
(37:40):
And if helping students get somebody out of prison doesn't
fulfill that mantra, not really sure what does.
Speaker 2 (37:48):
Keith.
Speaker 3 (37:49):
I learned a long time ago that we all have
our crosses to bear, we all go through difficult times,
We're all based on certainty in our future. We all
fight for a better life for ourselves and our family,
and we've all been hurt and wounded and abandoned. But
you can't give up. And I will tell people never
give up. You're only facing a challenge in your life
(38:10):
that other men have met, and so be of good courage,
be strong of character, and of will, have faith, do
what you must. Love your family, love your life, beautify
your life. When people take your faith, they've really taken
everything that you possess. When they take your courage, they've
taken everything that you possess.
Speaker 5 (38:31):
So without faith and courage, you're just an empty vessel.
Speaker 3 (38:35):
All I want to leave people with is to know
that there are people of good will out there.
Speaker 5 (38:40):
There are people who are just, who are honest, There
are people who have integrity.
Speaker 3 (38:45):
There are people who will fight for you because they
believe in what's right, and I want to applaud those people.
We are kindred spirits, and so wherever you find a
person like that, support them.
Speaker 5 (38:58):
Believe that they're going to.
Speaker 3 (38:59):
Support you if I can help anyone, Because I've been
helped in my life. This has taught me a valuable lesson.
No matter what myself and my family's gone through. We
want to be a light to others. I appreciate everything
that people at Georgetown have done, Marty, Mark Selene, Josh Trevor.
I appreciate the Exoneration Program listen. I appreciate you. Jason.
(39:22):
I appreciate your podcast. I just want to leave the
people who.
Speaker 5 (39:25):
Are listening to your program with something to think about.
Speaker 3 (39:28):
You are what makes this country great, all of us,
and so if there's a deficit somewhere, it's up to
us to fix it no matter where we find it,
and try to leave a better place, a better country,
a better society for the next generation. My wounds will heal,
and so we'll use this as a lesson to be
remembered and learned, and we're going to build from there.
(39:50):
I thank you guys for the platform. I thank you
for supporting our cause and we'll see you around the
water cooler.
Speaker 2 (40:06):
Thank you for listening to Wrongful Conviction. Please support your
local innocence organizations and go to the links in our
bio to see how you can help. I'd like to
thank our production team Connor Hall, Justin Golden, Jeff Clyburn,
and Kevin Wardis. The music on This show as always
is by three time OSCAR nominated composer Jay Ralph. Be
(40:26):
sure to follow us on Instagram at Wrongful Conviction, on
Twitter at wrong Conviction, and on Facebook at Wrongful Conviction Podcast.
Wrongful Conviction is a production of Lava for Good Podcasts
and association with Signal Company Number one
Hosts And Creators
Lauren Bright Pacheco
Maggie Freleng
Jason Flom
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