October 19, 2020 • 28 mins
The prisons are filled with people convicted of murder who never killed anyone.
Laura Nirider and Steve Drizin take us to Dayton, Ohio where a young woman’s false confession to robbery gets turned into a false conviction for murder. There are two profound lies at work in the legal system here.
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Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:01):
Welcome to Wrongful Conviction, False Confessions. I'm Laura and I
writer and I'm Steve Drisen. In today's episode, will take
you to Dayton, Ohio to tell you about Tyra Patterson.
Nineteen year old Tyra falsely confessed to stealing a necklace,
but an obscure law turned her false confession to robbery
into something far worse. I was sitting in my office
(00:35):
one day in the phone rank and on the other
end of the call was David Singleton, the director of
a group called the Ohio Justice and Policy Center. David
was looking for somebody who could assist him in a
case that involved a false confession. It was Tyra Patterson's case.
(00:57):
We've told a lot of stories about people who fall
sleek confessed to murders last season, but the crazy thing
is just as a case where a false confession to
robbery is converted into a false conviction for murder. And
it's all because of an obscure, archaic rule called the
felony murder doctrine. The felony murder leads to people going
(01:21):
down for murders who never killed anyone. When most people
think about people in prison who they've been convicted of murder.
They think of truly bad people, you know, scary folks.
But there are a lot of people in prison for
murder who never touched a gun or a murder weapon
at all. The prisons are filled with people convicted of
(01:44):
felony murder, people like Tyra Patterson. Today's story starts in Dayton, Ohio.
It was a manufacturing town back in the day, but
those jobs left in the eighties and nineties and never
came back. Now's claim to fame is that the guys
who invented the airplane used to live there, Wilbur and
(02:04):
Orville Wright. In fact, our story starts in a part
of town named after the Wright brothers, a lower income,
mixed race neighborhood called Right View. It was just after
midnight on a Tuesday in right View September. Tyra Patterson
was awake and board. Tyra was nineteen and smart as
(02:25):
hell with a sunny personality. She was full of promise,
but there weren't many open doors in front of her.
Tyra's home life was really tough. Her dad was an
alcoholic who hit her mom when he had been drinking.
He left when Tyra was just a kid, and they
got evicted when her mom couldn't pay the bills. Tira
dropped out of school in sixth grade. She was tired
(02:45):
of the other kids bullying her about being poor. She
got a job at a fast food restaurant, and they
put her at the register because she was so friendly.
But Tira hadn't learned enough math to make change. She
was humiliated every time someone handed her at twenty and
quit the job. By the time Tira reached her late teens,
the family had found an apartment to live in again,
but Tyra had lost her way. She smoked a lot
(03:07):
of weed and tried not to think about how her
life could have been different. It was around two a m.
On September twentieth when Tyra's boring nights started getting a
little too interesting. Tyra and her friend Rebecca were hanging
out at Tyra's place, and they decided to go for
a walk outside. They ran into five other young people
from right View. Tyra barely knew most of them, but
(03:28):
she and Rebecca stuck around anyway. The group was mixed
gender and mixed race. Five were black, including Tyra, and
two were white, including Rebecca. To keep things clear in
our story, we're going to call all of them the
Right View Group. Sometime after two a m. A gray
Chevrolet rolled into an alley near where the group was
hanging out. The Chevy was filled with five teenagers, all
(03:51):
white girls from another part of town. They'd driven to
Right View to steal stuff from people's garages in the alley.
Two of these would be thieves got out of the
Chevy to steal a radio. They were gone about ten
minutes before they returned to the car in a hurry.
Following them on foot were three members of the Right
View group, Lashawna, Angie, and Joe, and on a leash.
(04:13):
Joe had a pit bull. Before the girls in the
Chevy can drive away, another car pulls up in front
of them, blocking the alley's exit. It's the other four
members of the Right View Group and crammed into a
corner of that car, wondering what she's gotten herself into
is Tyra Patterson. Tyra's friend Rebecca gets out of the
car and heads for the Chevy along with the other
(04:35):
Right View people. Not knowing what else to do, Tyra
gets out too, but she's not prepared for what happens next.
There's a confrontation. Everyone starts yelling. One of the right
view girls, not Tyra, called the girls in the chevy
white bitches. Two other right view girls join in, still
not Tyra, and start telling the girls in the Chevy
to check it in. That means throw your money and
(04:57):
jewelry on the ground. The girls on the Chevy don't
immediately comply, and that's when things really escalate. Tyra hangs back,
but three of the right View girls open the car
doors and start landing punches. Joe lets his pit bull
into the car and orders it to attack. Now it's
a melee. Some of the girls in the Chevy do
(05:18):
check it in, throwing their jewelry onto the ground. Tyra
is not used to this kind of stuff. She doesn't
have a record, and she has no interest in violence.
She tries to calm the situation down, but no one listens.
As the punch is intensified, Tyra and her friend Rebecca
starts slipping away. They want no part of this, but
as they leave, Tyra spots a necklace on the ground
(05:41):
costume jewelry, a cheap gold cross. She's never owned that
kind of jewelry and it seems valuable to her. Tyra
picks up the necklace, puts it in her pocket and
keeps walking away. When Tyra picked up that necklace, at
worst it was a theft. It might not even have
been a cry. Picking up an necklace off the ground
(06:02):
is not something that prosecutors are interested in. It's not
something that people go to prison four and it's certainly
not murder. Right as Tyra is walking away, she hears
words being yelled yelled Maybee to her by one of
the girls in the chevy. Eighteen year old Holly Lay.
Please make them stop. Holly calls, we don't have anything.
(06:23):
Before Tyra can respond, a gun shot rings out. La
Shawn a Kini, part of the Right View group, had
pulled out a gun and fired into the car. The
bullet went straight into the temple of Michelle Lay, Holly's
fifteen year old sister. Michelle died instantly. Later on another
one of the Right View girls, Angie, expressed bewilderment that
(06:46):
had all happened so fast. We just meant to punk
them out, she said. Within minutes, though, punking out turned
into murder. The moment the shots rang out, everyone scattered.
Most members of the Right View group fled to a
nearby motel, but Tyra ran to her apartment only a
(07:06):
few hundred feet away, where she panicked and flushed the
necklace down the toilet. She was afraid it would connect
her to a shooting she didn't commit. For her part,
Holly Lay got out of the Chevy and started banging
on doors, pleading desperately for someone, anyone to call an
ambulance help her sister. Eventually, someone did call. It was Tyra.
(07:38):
Police only needed about twelve hours to figure out who
had been there when Michelle Leigh was shot. The girls
from the Chevy gave some pretty good descriptions of both
their assailants and the pit bull. Police found the dog
sitting outside its owner's house, and when the owner matched
the girl's descriptions of Joe, police knew they'd found one
of the Right View group. Pretty soon, several people had
(08:00):
and rounded up, and the police were knocking at Tyrre
store too. Before long, Tyra Patterson found herself in an
interrogation room. This episode is sponsored by a i G,
a leading global insurance company, and Paul Weiss Rifkin, Wharton
(08:23):
and Garrison, a leading international law firm. The A i
G Pro Bono program provides free legal services and other
support to many nonprofit organizations and individuals most in need,
and recently they announced that working to reform the criminal
justice system will become a key pillar of the program's mission.
Paul Weiss has long had an unwavering commitment to providing impactful,
(08:45):
pro bono legal assistance to the most vulnerable members of
our society and in support of the public interest, including
extensive work in the criminal justice area. The police were angry.
The shooting was tragic, and they wanted to nail as
many people as possible for murder, not just Lashawna who
(09:07):
pulled the trigger, but the others too. But how do
you get someone who didn't kill anyone to go down
for murder. Well, one tool that police and prosecutors have
is that felony murder rule. We mentioned earlier. This little
known law can be the source of enormous injustice. In
its purest form, the felony murder rule is felony plus
(09:30):
death equals first degree murder. So if you commit a
felony and during the course of that felony someone dies,
you are convicted of first degree murder, even though you
never intended to kill somebody, even though you couldn't have
foreseen that somebody would have died. It is the intent
to commit that felony that substitutes for the intent to kill.
(09:55):
They didn't coerce Tyra into confessing to murder because they
knew before the interrogation who the murderer was. It was
Lashawn Achini. All they needed to do was get Tira
to say that she grabbed a necklace by force from
one of the girls in the car. That's a robbery.
They could get her for the same murder that La
(10:17):
Shawn Achini committed. So getting Tyra to say she snatched
the necklace instead of picking it up is what this
interrogation is all about. Now, like all interrogations that aren't
fully recorded, there are two stories about what happened in
the room. There is the official story told in police reports,
and then there's the story told by the defendant. They
(10:39):
almost always diverge. In Tyra's case, the police story goes
like this. Tyra admitted to being there, but she denied
being involved in the robbery, assault, or shooting. But as
she was being booked, Tyra spontaneously announced that she wanted
to tell the truth and admitted reaching into the car
and grabbing the necklace off one of the girls that
(11:00):
when police captured her confession on videotape, no coercion, no drama.
But according to Tyra and her lawyer, she confessed after
a very different sequence of events. Here's David Singleton, that
lawyer who called Steve about this case. David has represented
Tyra for the past eight years. Tyra recalls very clearly
(11:21):
the detective screaming at her, saying she's a murderer, that
she's going to be locked up for the rest of
her life, cursing at her, telling her she's an effing liar,
because Tyra was saying, I didn't rob anybody, I didn't
shoot anybody. Eventually, the detective takes Tyra out of the
interrogation room and walks her past where Tyra could see
(11:46):
Rebecca sitting in a police car about to go home.
And Tyre is like, well, you know Rebecca is going home.
Why am I not going home. The detective said, well,
she gave us a videotape statement, and Tyre said, I'll
give you a videotape statement. The detective said, well, you
don't have anything to tell us, and Tyra said, well,
I picked up a necklace from the ground, and the
(12:08):
sective smiled and took her back in to try and
charge her. The police tell Tyra she just needs to
change one thing in her story about the necklace. She
didn't pick it up off the ground. Instead, she robbed
it from the girls. After all, they say, wouldn't it
be better to go down for a robbery than for murder?
(12:29):
Getting caught up in a murder is what Tire has
been terrified of all along, So this is what breaks her.
She falsely admits to snatching the necklace off one of
the girls in the chevy. Now she's confessed to robbery
and the cops have their felony. It's only at this
point that the video camera gets turned on. Described the
necklace necklish, thank thank god, I wouldn't web. I don't
(13:01):
know why graphic? And from which girl in the back
seat did you take that? Next? The driver? The first
behind the driver? Okay. What struck me about Tira's appearance
in that video is she did look tired. She also
looked scared. At one point you hear somebody screaming in
(13:25):
another room and she's just terrified. And another point, I
recall very vividly, she's looking to the detective for an answer.
I mean she was trying to satisfy what he wanted
because she thought that was her ticket to go back
home and continue on with her life. And the minute
(13:47):
that she finished the video and the camera was turned off,
she said, do I get to go home now? And
he said no, I'm booking you for murder. That's when
the nightmare truly began. How is tyed to know that
one little change in her story was enough to charge
her not just with robbery, but with felony murder. That
one little change made Tyra as liable for Michelle's death
(14:11):
as the murderer herself. You know, there's a huge irony
in this case. They needed Tyra to confess to a robbery,
not a theft, and the way they did it was
they told her it's better to go down for a
robbery than it is for a murder, and she accepted
that explanation. She believed that premise. Everybody believes that because
(14:35):
they don't understand the felony murder rule. We've seen police
officers lie before, but this is a particularly dangerous lie
because it sets somebody up for murder charges. There's actually
a second irony in this case too, because here you
have the felony murder rule being applied to Tyra Patterson.
(14:55):
She didn't have a weapon with her that night. She
didn't know the people who did come to that scene
with weapons. She tried to intervene and stop the fight.
She tried to deescalate as things were getting more serious
and more violent, and when she couldn't stop the fight,
she walked away after the gunshot. She called Tyra is
a hero here. She's not a murderer. She's the one, though,
(15:16):
who ends up going down. Tyra Patterson's only crime, if
it even was a crime, was picking up a necklace
from the ground. But suddenly, somehow she was on trial
for murder and facing life in prison. And like too
many murder trials, Tyra's was a ship show. So Tyra
(15:39):
was represented by attorneys in the local public defender office.
The problem was that they were overwhelmed and didn't have
the resources to defend Tyra appropriately. The primary evidence against
Tyra was her confession, but her attorneys never argued that
(15:59):
it was falls or coerced. In fact, no one, not
the judge or the jury, ever heard Tyra's account of
her interrogation her attorneys actually advised her not to testify
in her own defense, not to tell her side of
the story, and why not. They said that she was
too unsophisticated and talked too much like she was from
(16:23):
the ghetto, that she'd be eaten alive by the prosecutors.
And I think that Tyra got written off in that way.
The jury did hear, though, from Holly Lay, who testified
that she'd seen Tyra reaching into the car. A few
other girls from the Chevy testified the same way. Their
stories went unchallenged by Tyra's lawyers, even though they could
(16:46):
have called Rebecca to testify that Tyra never snatched the
necklace off anyone. The lawyers didn't even play Tyra's nine
one one call, which would have showed that she was
trying to help. We were able to find out by
talking to the jurors years later that that nine one
one call would have made a difference had they heard it.
When I played it for them, they were like, we
never would have convicted her had we known that she
(17:08):
had called on one. But the defense gave the jurors
nothing to work with. Nothing, And that's how Tyra Patterson,
the woman who never touched a gun or robbed anyone.
Was convicted of one count of aggravated murder and four
counts of aggravated robbery. When the jury announced its verdict,
(17:30):
she stood up and shouted in disbelief. But I didn't
do it. It didn't matter. She was sentenced to forty
three years to life. That's thirteen more years than Lashawna
who actually pulled the trigger. And in December, Tyra Patterson
became Ohio Department of Corrections inmate number three seven seven
(17:52):
three seven. Fast forward to two thousand eleven, Tyra Patterson
had been in prison for just over sixteen years, not
(18:12):
even halfway through her sentence. When she got her first break.
Ohio Governor Ted Strickland learned about her case. He thought
it was unfair that her sentence was more severe than
the shooters, so he issued what's called a commutation. Tyra
tried to stop this from happening. She walked away before
the shots were fired. All she did was pick up
(18:35):
a necklace off of the ground. Lashawna Keeney brought the
gun to this event, and she pulled the trigger that
led to Michelle Leigh's death. It is grossly unfair for
Lashawna to be sentenced to thirty years and for Tyra
to be sentenced to forty three years. And that's why
the governor commuted tyra sentence to sixteen years to life,
(18:59):
which made her immediately eligible for parole. But Tyra's hopes
of freedom were dashed a few months later. The Ohio
Parole Board denied her request for parole, and they said
she had to wait up to seven years before asking again.
They said her crime was too severe. That's when David
Singleton got involved. He'd heard about her case from a
(19:21):
friend and he decided to go meet Tyra Patterson. When
David met Tira in prison, she was different from that
nineteen year old girl whose future looked like a broken
promise behind bars. Tira had redeemed her own promise. She
had gained skills in prison, working as a porter, of
food service worker, a maintenance person. She had gone from
an illiterate sixth grade dropout to someone who earned her
(19:43):
g e D. She'd participated in more than two hundred
self improvement programs, and most importantly, she was becoming an
incredible advocate for herself and for justice. When she told
David she was innocent, he believed her and he set
out to prove it, and listing Steve Drizzen's help in
the process. There's no d NA miracle for people like
(20:06):
Tyra and for most of the people who are locked
up in prison. I mean, DNA is only present in
in maybe ten of all cases. Well, that's the thing.
Even if the shooter had left DNA on the gun,
everybody already knew that Lashawakini was the one who pulled
the trigger. This is not a case where DNA testing
is going to exonerate Tyra Patterson. What she needed here
(20:26):
was a reinvestigation and advocacy. As David and Steve dove
into the case against Tyra, they found some major cracks. First,
David discovered that the victim's sister, Holly Ley, had testified
at the trial of another one of the right few
girls a year before Tyra's trial. Back then, Holly had
testified the Tyra wasn't the one who reached into the
(20:48):
car and snatched the necklace. It had actually been someone else. Second,
David uncovered the very first statements the girls in the
Chevy gave to police right after Michelle Leigh was shot,
and when he and Steve reviewed those early statements, well,
it was revealing. Remember, some of these were given within
an hour or two of the crime, so the memories
(21:10):
were fresh for their witnesses, and Tyra was like a ghost.
The two people who were mentioned far less than everybody
else in all of these accounts were Tyra and Becca,
and so that's squared with Tyra's story. Third, David talked
to some of the other Right View girls, the ones
(21:31):
who were born involved in what went down that night.
Three of them signed affid David's supporting Tyra's innocence, including
Lashawna Kini. Lashawna confirmed that far from participating, Tyra had
actually tried to stop the confrontation from escalating. Before long,
Tyra's case was attracting attention among some pretty influential people.
(21:52):
Ohio State Senator Peggy Laner visited Tyra in prison, and
she was so compelled by Tyra's story that she got
four other states senators to back Tyra's efforts for release.
Celebrities and advocates also began getting involved, everyone from actor
Elfrey Woodard to mad Men creator Matthew Weener. They began
tweeting and posting in support of Tyra, using the hashtag
(22:15):
I Am Tyra Patterson. This I Am Tyra Patterson campaign
the hashtag. What it meant was they were in solidarity
with her. People were saying We're there for you, we
see you, we hear you, and that was a powerful message.
You know. I think the first time I heard the
(22:36):
name Tyra Patterson was when I opened up my Twitter
feed one day and there I see a video of
Steve giving a speech and holding a poster that says,
in big black letters, I am Tyra Patterson. That was
take five of that video, because the first take went
along what I thought was really well and then I
(22:58):
picked up the sigh, I am holding it upside down.
The point of the campaign was to demonstrate that anybody
could falsely confess if pressured by the police, and I
am Tyra Patterson to me, was making that message loud
and clear. I could have been Tyra Patterson, nor my
(23:20):
child could have been Tyra Patterson. That's how Tyra became,
in my view, her best advocate. It was exposing people
to her so that they could see her as a living,
breathing daughter, sister, and person who was going to shine
in the community if we could get her free. One
(23:43):
person this message reached was the victim's sister. Two thousand
sixteen is when Holly Leigh got in touch with me
and her husband said, Holly wants to meet you at
Michelle's grave on Michelle's birthday. So I showed up. I
didn't think they were going to calm. I was like,
just to not be happening. Holly said, you know, Tyra
(24:04):
didn't do this, And in fact, that night, Tyra walked
by as we were talking to the police, and the
police officer looked and said, is that one of the
ones who was involved? And we all said no. On
the night of the crime, Holly had seen one of
the other girls snatched the necklace, not Tyra. But when
she heard about Tyra's confession, Holly figured she must have
(24:25):
been mistaken. After all, who would confess to a crime
they didn't commit. Years later, Holly learned about false confessions
and she realized Tyra must have given one. Holly's memory
had been right all along. Tyra was innocent, and Holly
agreed to support Tyra's release. In Tyra Patterson was granted
(24:49):
parole after twenty one years behind bars. On Christmas morning,
she walked out of prison, bent down and kissed the
winter snow it wasn't exoneration, but at last she was free.
To quote Shashank redemption, Tyra Patterson got busy living. She's
my colleague now at the Ohio Justice and Policy Center.
(25:12):
She's soaring in her job as our community relations expert.
She speaks multiple times a week two different community groups,
mentoring young people, not just in our community, but in
places across the country. Tyra basically run Cincinnati. Everybody knows her.
She is the brains behind this social justice mural that
(25:35):
is going up in downtown Cincinnati featuring women who have
spent a long time in prison and have come home
and are doing well. And her face is one of
the ones up there. It's just sad that her life
was interrupted for twenty three years, but now she's living
and it's a beautiful thing to see. Hell Tyra, Hey, Steve,
(26:02):
how are you, Hey, Tyra? It's Laura. Hey, Laura, I'm great.
Are you at home? I am so. Tyra was living
in an apartment for a while and now she's a homeowner. Yes.
What was it like to have you in place after
being in prison so long? Oh my god? The privacy,
no yelling, no scrum, and no arguing. It was beautiful.
(26:26):
I slept like a baby. I'm so alive. Man. If
I were you, first thing I would have done is
like stood in the shower for three hours. There's nothing
like a long shower. No, Laura, I didn't even do that.
I stayed in a bathtub for three hours. You know,
in prison, we didn't get to take a bath. So
all I ever wanted to do was just come home
(26:47):
and take a bubble bath. I'm gonna go take a
bubble bath in your honor, actually, to see if I
love you. Tyra hasn't given up on exoneration. She and
her legal team are still fighting to clear her name.
(27:08):
If you want to follow Tyra's case and send her
a message of support, look her up on Instagram at
Tyra dot immani dot seven seven seven. She inspires Steve
and me every day. That's the story of Tyra Patterson.
Join us next week when we'll tell you about Ronald Kitchen,
(27:29):
who was tortured by Chicago police into falsely confessing to murder,
and it turns out he was far from the only one.
We'll talk about how Ronald got his freedom and how
the city's police torture scandal got exposed. Wrongful Conviction False
(27:50):
Confessions is a production of Lava for Good Podcasts in
association with Signal Company Number one Special thanks to our
executive producers Jason Flam and Kevin Wardis. Our production team
is headed by Senior producer and Pope, along with producers
Josh Hammer and Jess Shane. Our show is mixed by
Jeannie Montalvo. John Colbert is our intrepid intern. Our music
(28:13):
was composed by j Ralph. You can follow me on
Instagram or Twitter at Laura ni Writer and you can
follow me on Twitter at s driven. For more information
on the show, visit Wrongful Conviction podcast dot com. Be
sure to follow the show on Instagram at Wrongful Conviction,
on Facebook at Wrongful Conviction Podcast, and on Twitter at
(28:35):
wrong Conviction
Welcome to Wrongful Conviction, False Confessions. I'm Laura and I
writer and I'm Steve Drisen. In today's episode, will take
you to Dayton, Ohio to tell you about Tyra Patterson.
Nineteen year old Tyra falsely confessed to stealing a necklace,
but an obscure law turned her false confession to robbery
into something far worse. I was sitting in my office
(00:35):
one day in the phone rank and on the other
end of the call was David Singleton, the director of
a group called the Ohio Justice and Policy Center. David
was looking for somebody who could assist him in a
case that involved a false confession. It was Tyra Patterson's case.
(00:57):
We've told a lot of stories about people who fall
sleek confessed to murders last season, but the crazy thing
is just as a case where a false confession to
robbery is converted into a false conviction for murder. And
it's all because of an obscure, archaic rule called the
felony murder doctrine. The felony murder leads to people going
(01:21):
down for murders who never killed anyone. When most people
think about people in prison who they've been convicted of murder.
They think of truly bad people, you know, scary folks.
But there are a lot of people in prison for
murder who never touched a gun or a murder weapon
at all. The prisons are filled with people convicted of
(01:44):
felony murder, people like Tyra Patterson. Today's story starts in Dayton, Ohio.
It was a manufacturing town back in the day, but
those jobs left in the eighties and nineties and never
came back. Now's claim to fame is that the guys
who invented the airplane used to live there, Wilbur and
(02:04):
Orville Wright. In fact, our story starts in a part
of town named after the Wright brothers, a lower income,
mixed race neighborhood called Right View. It was just after
midnight on a Tuesday in right View September. Tyra Patterson
was awake and board. Tyra was nineteen and smart as
(02:25):
hell with a sunny personality. She was full of promise,
but there weren't many open doors in front of her.
Tyra's home life was really tough. Her dad was an
alcoholic who hit her mom when he had been drinking.
He left when Tyra was just a kid, and they
got evicted when her mom couldn't pay the bills. Tira
dropped out of school in sixth grade. She was tired
(02:45):
of the other kids bullying her about being poor. She
got a job at a fast food restaurant, and they
put her at the register because she was so friendly.
But Tira hadn't learned enough math to make change. She
was humiliated every time someone handed her at twenty and
quit the job. By the time Tira reached her late teens,
the family had found an apartment to live in again,
but Tyra had lost her way. She smoked a lot
(03:07):
of weed and tried not to think about how her
life could have been different. It was around two a m.
On September twentieth when Tyra's boring nights started getting a
little too interesting. Tyra and her friend Rebecca were hanging
out at Tyra's place, and they decided to go for
a walk outside. They ran into five other young people
from right View. Tyra barely knew most of them, but
(03:28):
she and Rebecca stuck around anyway. The group was mixed
gender and mixed race. Five were black, including Tyra, and
two were white, including Rebecca. To keep things clear in
our story, we're going to call all of them the
Right View Group. Sometime after two a m. A gray
Chevrolet rolled into an alley near where the group was
hanging out. The Chevy was filled with five teenagers, all
(03:51):
white girls from another part of town. They'd driven to
Right View to steal stuff from people's garages in the alley.
Two of these would be thieves got out of the
Chevy to steal a radio. They were gone about ten
minutes before they returned to the car in a hurry.
Following them on foot were three members of the Right
View group, Lashawna, Angie, and Joe, and on a leash.
(04:13):
Joe had a pit bull. Before the girls in the
Chevy can drive away, another car pulls up in front
of them, blocking the alley's exit. It's the other four
members of the Right View Group and crammed into a
corner of that car, wondering what she's gotten herself into
is Tyra Patterson. Tyra's friend Rebecca gets out of the
car and heads for the Chevy along with the other
(04:35):
Right View people. Not knowing what else to do, Tyra
gets out too, but she's not prepared for what happens next.
There's a confrontation. Everyone starts yelling. One of the right
view girls, not Tyra, called the girls in the chevy
white bitches. Two other right view girls join in, still
not Tyra, and start telling the girls in the Chevy
to check it in. That means throw your money and
(04:57):
jewelry on the ground. The girls on the Chevy don't
immediately comply, and that's when things really escalate. Tyra hangs back,
but three of the right View girls open the car
doors and start landing punches. Joe lets his pit bull
into the car and orders it to attack. Now it's
a melee. Some of the girls in the Chevy do
(05:18):
check it in, throwing their jewelry onto the ground. Tyra
is not used to this kind of stuff. She doesn't
have a record, and she has no interest in violence.
She tries to calm the situation down, but no one listens.
As the punch is intensified, Tyra and her friend Rebecca
starts slipping away. They want no part of this, but
as they leave, Tyra spots a necklace on the ground
(05:41):
costume jewelry, a cheap gold cross. She's never owned that
kind of jewelry and it seems valuable to her. Tyra
picks up the necklace, puts it in her pocket and
keeps walking away. When Tyra picked up that necklace, at
worst it was a theft. It might not even have
been a cry. Picking up an necklace off the ground
(06:02):
is not something that prosecutors are interested in. It's not
something that people go to prison four and it's certainly
not murder. Right as Tyra is walking away, she hears
words being yelled yelled Maybee to her by one of
the girls in the chevy. Eighteen year old Holly Lay.
Please make them stop. Holly calls, we don't have anything.
(06:23):
Before Tyra can respond, a gun shot rings out. La
Shawn a Kini, part of the Right View group, had
pulled out a gun and fired into the car. The
bullet went straight into the temple of Michelle Lay, Holly's
fifteen year old sister. Michelle died instantly. Later on another
one of the Right View girls, Angie, expressed bewilderment that
(06:46):
had all happened so fast. We just meant to punk
them out, she said. Within minutes, though, punking out turned
into murder. The moment the shots rang out, everyone scattered.
Most members of the Right View group fled to a
nearby motel, but Tyra ran to her apartment only a
(07:06):
few hundred feet away, where she panicked and flushed the
necklace down the toilet. She was afraid it would connect
her to a shooting she didn't commit. For her part,
Holly Lay got out of the Chevy and started banging
on doors, pleading desperately for someone, anyone to call an
ambulance help her sister. Eventually, someone did call. It was Tyra.
(07:38):
Police only needed about twelve hours to figure out who
had been there when Michelle Leigh was shot. The girls
from the Chevy gave some pretty good descriptions of both
their assailants and the pit bull. Police found the dog
sitting outside its owner's house, and when the owner matched
the girl's descriptions of Joe, police knew they'd found one
of the Right View group. Pretty soon, several people had
(08:00):
and rounded up, and the police were knocking at Tyrre
store too. Before long, Tyra Patterson found herself in an
interrogation room. This episode is sponsored by a i G,
a leading global insurance company, and Paul Weiss Rifkin, Wharton
(08:23):
and Garrison, a leading international law firm. The A i
G Pro Bono program provides free legal services and other
support to many nonprofit organizations and individuals most in need,
and recently they announced that working to reform the criminal
justice system will become a key pillar of the program's mission.
Paul Weiss has long had an unwavering commitment to providing impactful,
(08:45):
pro bono legal assistance to the most vulnerable members of
our society and in support of the public interest, including
extensive work in the criminal justice area. The police were angry.
The shooting was tragic, and they wanted to nail as
many people as possible for murder, not just Lashawna who
(09:07):
pulled the trigger, but the others too. But how do
you get someone who didn't kill anyone to go down
for murder. Well, one tool that police and prosecutors have
is that felony murder rule. We mentioned earlier. This little
known law can be the source of enormous injustice. In
its purest form, the felony murder rule is felony plus
(09:30):
death equals first degree murder. So if you commit a
felony and during the course of that felony someone dies,
you are convicted of first degree murder, even though you
never intended to kill somebody, even though you couldn't have
foreseen that somebody would have died. It is the intent
to commit that felony that substitutes for the intent to kill.
(09:55):
They didn't coerce Tyra into confessing to murder because they
knew before the interrogation who the murderer was. It was
Lashawn Achini. All they needed to do was get Tira
to say that she grabbed a necklace by force from
one of the girls in the car. That's a robbery.
They could get her for the same murder that La
(10:17):
Shawn Achini committed. So getting Tyra to say she snatched
the necklace instead of picking it up is what this
interrogation is all about. Now, like all interrogations that aren't
fully recorded, there are two stories about what happened in
the room. There is the official story told in police reports,
and then there's the story told by the defendant. They
(10:39):
almost always diverge. In Tyra's case, the police story goes
like this. Tyra admitted to being there, but she denied
being involved in the robbery, assault, or shooting. But as
she was being booked, Tyra spontaneously announced that she wanted
to tell the truth and admitted reaching into the car
and grabbing the necklace off one of the girls that
(11:00):
when police captured her confession on videotape, no coercion, no drama.
But according to Tyra and her lawyer, she confessed after
a very different sequence of events. Here's David Singleton, that
lawyer who called Steve about this case. David has represented
Tyra for the past eight years. Tyra recalls very clearly
(11:21):
the detective screaming at her, saying she's a murderer, that
she's going to be locked up for the rest of
her life, cursing at her, telling her she's an effing liar,
because Tyra was saying, I didn't rob anybody, I didn't
shoot anybody. Eventually, the detective takes Tyra out of the
interrogation room and walks her past where Tyra could see
(11:46):
Rebecca sitting in a police car about to go home.
And Tyre is like, well, you know Rebecca is going home.
Why am I not going home. The detective said, well,
she gave us a videotape statement, and Tyre said, I'll
give you a videotape statement. The detective said, well, you
don't have anything to tell us, and Tyra said, well,
I picked up a necklace from the ground, and the
(12:08):
sective smiled and took her back in to try and
charge her. The police tell Tyra she just needs to
change one thing in her story about the necklace. She
didn't pick it up off the ground. Instead, she robbed
it from the girls. After all, they say, wouldn't it
be better to go down for a robbery than for murder?
(12:29):
Getting caught up in a murder is what Tire has
been terrified of all along, So this is what breaks her.
She falsely admits to snatching the necklace off one of
the girls in the chevy. Now she's confessed to robbery
and the cops have their felony. It's only at this
point that the video camera gets turned on. Described the
necklace necklish, thank thank god, I wouldn't web. I don't
(13:01):
know why graphic? And from which girl in the back
seat did you take that? Next? The driver? The first
behind the driver? Okay. What struck me about Tira's appearance
in that video is she did look tired. She also
looked scared. At one point you hear somebody screaming in
(13:25):
another room and she's just terrified. And another point, I
recall very vividly, she's looking to the detective for an answer.
I mean she was trying to satisfy what he wanted
because she thought that was her ticket to go back
home and continue on with her life. And the minute
(13:47):
that she finished the video and the camera was turned off,
she said, do I get to go home now? And
he said no, I'm booking you for murder. That's when
the nightmare truly began. How is tyed to know that
one little change in her story was enough to charge
her not just with robbery, but with felony murder. That
one little change made Tyra as liable for Michelle's death
(14:11):
as the murderer herself. You know, there's a huge irony
in this case. They needed Tyra to confess to a robbery,
not a theft, and the way they did it was
they told her it's better to go down for a
robbery than it is for a murder, and she accepted
that explanation. She believed that premise. Everybody believes that because
(14:35):
they don't understand the felony murder rule. We've seen police
officers lie before, but this is a particularly dangerous lie
because it sets somebody up for murder charges. There's actually
a second irony in this case too, because here you
have the felony murder rule being applied to Tyra Patterson.
(14:55):
She didn't have a weapon with her that night. She
didn't know the people who did come to that scene
with weapons. She tried to intervene and stop the fight.
She tried to deescalate as things were getting more serious
and more violent, and when she couldn't stop the fight,
she walked away after the gunshot. She called Tyra is
a hero here. She's not a murderer. She's the one, though,
(15:16):
who ends up going down. Tyra Patterson's only crime, if
it even was a crime, was picking up a necklace
from the ground. But suddenly, somehow she was on trial
for murder and facing life in prison. And like too
many murder trials, Tyra's was a ship show. So Tyra
(15:39):
was represented by attorneys in the local public defender office.
The problem was that they were overwhelmed and didn't have
the resources to defend Tyra appropriately. The primary evidence against
Tyra was her confession, but her attorneys never argued that
(15:59):
it was falls or coerced. In fact, no one, not
the judge or the jury, ever heard Tyra's account of
her interrogation her attorneys actually advised her not to testify
in her own defense, not to tell her side of
the story, and why not. They said that she was
too unsophisticated and talked too much like she was from
(16:23):
the ghetto, that she'd be eaten alive by the prosecutors.
And I think that Tyra got written off in that way.
The jury did hear, though, from Holly Lay, who testified
that she'd seen Tyra reaching into the car. A few
other girls from the Chevy testified the same way. Their
stories went unchallenged by Tyra's lawyers, even though they could
(16:46):
have called Rebecca to testify that Tyra never snatched the
necklace off anyone. The lawyers didn't even play Tyra's nine
one one call, which would have showed that she was
trying to help. We were able to find out by
talking to the jurors years later that that nine one
one call would have made a difference had they heard it.
When I played it for them, they were like, we
never would have convicted her had we known that she
(17:08):
had called on one. But the defense gave the jurors
nothing to work with. Nothing, And that's how Tyra Patterson,
the woman who never touched a gun or robbed anyone.
Was convicted of one count of aggravated murder and four
counts of aggravated robbery. When the jury announced its verdict,
(17:30):
she stood up and shouted in disbelief. But I didn't
do it. It didn't matter. She was sentenced to forty
three years to life. That's thirteen more years than Lashawna
who actually pulled the trigger. And in December, Tyra Patterson
became Ohio Department of Corrections inmate number three seven seven
(17:52):
three seven. Fast forward to two thousand eleven, Tyra Patterson
had been in prison for just over sixteen years, not
(18:12):
even halfway through her sentence. When she got her first break.
Ohio Governor Ted Strickland learned about her case. He thought
it was unfair that her sentence was more severe than
the shooters, so he issued what's called a commutation. Tyra
tried to stop this from happening. She walked away before
the shots were fired. All she did was pick up
(18:35):
a necklace off of the ground. Lashawna Keeney brought the
gun to this event, and she pulled the trigger that
led to Michelle Leigh's death. It is grossly unfair for
Lashawna to be sentenced to thirty years and for Tyra
to be sentenced to forty three years. And that's why
the governor commuted tyra sentence to sixteen years to life,
(18:59):
which made her immediately eligible for parole. But Tyra's hopes
of freedom were dashed a few months later. The Ohio
Parole Board denied her request for parole, and they said
she had to wait up to seven years before asking again.
They said her crime was too severe. That's when David
Singleton got involved. He'd heard about her case from a
(19:21):
friend and he decided to go meet Tyra Patterson. When
David met Tira in prison, she was different from that
nineteen year old girl whose future looked like a broken
promise behind bars. Tira had redeemed her own promise. She
had gained skills in prison, working as a porter, of
food service worker, a maintenance person. She had gone from
an illiterate sixth grade dropout to someone who earned her
(19:43):
g e D. She'd participated in more than two hundred
self improvement programs, and most importantly, she was becoming an
incredible advocate for herself and for justice. When she told
David she was innocent, he believed her and he set
out to prove it, and listing Steve Drizzen's help in
the process. There's no d NA miracle for people like
(20:06):
Tyra and for most of the people who are locked
up in prison. I mean, DNA is only present in
in maybe ten of all cases. Well, that's the thing.
Even if the shooter had left DNA on the gun,
everybody already knew that Lashawakini was the one who pulled
the trigger. This is not a case where DNA testing
is going to exonerate Tyra Patterson. What she needed here
(20:26):
was a reinvestigation and advocacy. As David and Steve dove
into the case against Tyra, they found some major cracks. First,
David discovered that the victim's sister, Holly Ley, had testified
at the trial of another one of the right few
girls a year before Tyra's trial. Back then, Holly had
testified the Tyra wasn't the one who reached into the
(20:48):
car and snatched the necklace. It had actually been someone else. Second,
David uncovered the very first statements the girls in the
Chevy gave to police right after Michelle Leigh was shot,
and when he and Steve reviewed those early statements, well,
it was revealing. Remember, some of these were given within
an hour or two of the crime, so the memories
(21:10):
were fresh for their witnesses, and Tyra was like a ghost.
The two people who were mentioned far less than everybody
else in all of these accounts were Tyra and Becca,
and so that's squared with Tyra's story. Third, David talked
to some of the other Right View girls, the ones
(21:31):
who were born involved in what went down that night.
Three of them signed affid David's supporting Tyra's innocence, including
Lashawna Kini. Lashawna confirmed that far from participating, Tyra had
actually tried to stop the confrontation from escalating. Before long,
Tyra's case was attracting attention among some pretty influential people.
(21:52):
Ohio State Senator Peggy Laner visited Tyra in prison, and
she was so compelled by Tyra's story that she got
four other states senators to back Tyra's efforts for release.
Celebrities and advocates also began getting involved, everyone from actor
Elfrey Woodard to mad Men creator Matthew Weener. They began
tweeting and posting in support of Tyra, using the hashtag
(22:15):
I Am Tyra Patterson. This I Am Tyra Patterson campaign
the hashtag. What it meant was they were in solidarity
with her. People were saying We're there for you, we
see you, we hear you, and that was a powerful message.
You know. I think the first time I heard the
(22:36):
name Tyra Patterson was when I opened up my Twitter
feed one day and there I see a video of
Steve giving a speech and holding a poster that says,
in big black letters, I am Tyra Patterson. That was
take five of that video, because the first take went
along what I thought was really well and then I
(22:58):
picked up the sigh, I am holding it upside down.
The point of the campaign was to demonstrate that anybody
could falsely confess if pressured by the police, and I
am Tyra Patterson to me, was making that message loud
and clear. I could have been Tyra Patterson, nor my
(23:20):
child could have been Tyra Patterson. That's how Tyra became,
in my view, her best advocate. It was exposing people
to her so that they could see her as a living,
breathing daughter, sister, and person who was going to shine
in the community if we could get her free. One
(23:43):
person this message reached was the victim's sister. Two thousand
sixteen is when Holly Leigh got in touch with me
and her husband said, Holly wants to meet you at
Michelle's grave on Michelle's birthday. So I showed up. I
didn't think they were going to calm. I was like,
just to not be happening. Holly said, you know, Tyra
(24:04):
didn't do this, And in fact, that night, Tyra walked
by as we were talking to the police, and the
police officer looked and said, is that one of the
ones who was involved? And we all said no. On
the night of the crime, Holly had seen one of
the other girls snatched the necklace, not Tyra. But when
she heard about Tyra's confession, Holly figured she must have
(24:25):
been mistaken. After all, who would confess to a crime
they didn't commit. Years later, Holly learned about false confessions
and she realized Tyra must have given one. Holly's memory
had been right all along. Tyra was innocent, and Holly
agreed to support Tyra's release. In Tyra Patterson was granted
(24:49):
parole after twenty one years behind bars. On Christmas morning,
she walked out of prison, bent down and kissed the
winter snow it wasn't exoneration, but at last she was free.
To quote Shashank redemption, Tyra Patterson got busy living. She's
my colleague now at the Ohio Justice and Policy Center.
(25:12):
She's soaring in her job as our community relations expert.
She speaks multiple times a week two different community groups,
mentoring young people, not just in our community, but in
places across the country. Tyra basically run Cincinnati. Everybody knows her.
She is the brains behind this social justice mural that
(25:35):
is going up in downtown Cincinnati featuring women who have
spent a long time in prison and have come home
and are doing well. And her face is one of
the ones up there. It's just sad that her life
was interrupted for twenty three years, but now she's living
and it's a beautiful thing to see. Hell Tyra, Hey, Steve,
(26:02):
how are you, Hey, Tyra? It's Laura. Hey, Laura, I'm great.
Are you at home? I am so. Tyra was living
in an apartment for a while and now she's a homeowner. Yes.
What was it like to have you in place after
being in prison so long? Oh my god? The privacy,
no yelling, no scrum, and no arguing. It was beautiful.
(26:26):
I slept like a baby. I'm so alive. Man. If
I were you, first thing I would have done is
like stood in the shower for three hours. There's nothing
like a long shower. No, Laura, I didn't even do that.
I stayed in a bathtub for three hours. You know,
in prison, we didn't get to take a bath. So
all I ever wanted to do was just come home
(26:47):
and take a bubble bath. I'm gonna go take a
bubble bath in your honor, actually, to see if I
love you. Tyra hasn't given up on exoneration. She and
her legal team are still fighting to clear her name.
(27:08):
If you want to follow Tyra's case and send her
a message of support, look her up on Instagram at
Tyra dot immani dot seven seven seven. She inspires Steve
and me every day. That's the story of Tyra Patterson.
Join us next week when we'll tell you about Ronald Kitchen,
(27:29):
who was tortured by Chicago police into falsely confessing to murder,
and it turns out he was far from the only one.
We'll talk about how Ronald got his freedom and how
the city's police torture scandal got exposed. Wrongful Conviction False
(27:50):
Confessions is a production of Lava for Good Podcasts in
association with Signal Company Number one Special thanks to our
executive producers Jason Flam and Kevin Wardis. Our production team
is headed by Senior producer and Pope, along with producers
Josh Hammer and Jess Shane. Our show is mixed by
Jeannie Montalvo. John Colbert is our intrepid intern. Our music
(28:13):
was composed by j Ralph. You can follow me on
Instagram or Twitter at Laura ni Writer and you can
follow me on Twitter at s driven. For more information
on the show, visit Wrongful Conviction podcast dot com. Be
sure to follow the show on Instagram at Wrongful Conviction,
on Facebook at Wrongful Conviction Podcast, and on Twitter at
(28:35):
wrong Conviction
Hosts And Creators
Lauren Bright Pacheco
Maggie Freleng
Jason Flom
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