Episode Transcript
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(00:00):
Welcome back to Wickedly Judge.
(00:29):
I'm Rebecca, your host, and this podcast is dedicated to exposing wrongful convictions, flaws in our justice system, investigating their causes, and fighting for justice.
If you haven't already, I encourage you to go back and listen to our first three episodes, covering the state of Ohio versus Johnny Watkins,
(00:55):
a case that exemplifies why our work is so important.
Today's episode is all about our mission, our goals, and why Wickedly Judge is more than just a true crime podcast.
We're here to advocate, educate, investigate, and spark change. One story at a time.
(01:21):
Imagine spending years, maybe even decades, in prison for a crime you didn't commit.
Imagine losing time with your family, missing birthdays, holidays, and milestones, knowing the real perpetrator is still out there.
(01:45):
This is the reality for thousands of wrongfully convicted individuals in the United States alone.
Our mission is to not only share their stories, but also take real action to help them regain their freedom.
We're shedding light on the flaws in our justice system, advocating for reforms, and investigating cases that deserve another look.
(02:13):
Wrongful convictions don't just affect the innocent people behind bars.
They affect their families, their friends, their communities, and even public safety.
When the wrong person is convicted, the real perpetrator often remains free, putting more lives at risk.
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And the reality is, wrongful convictions happen far more often than most people realize.
Wrongful convictions are one of the most devastating failures of the justice system, affecting thousands of individuals and their families.
Here's a more in-depth look at their causes, consequences, and impact.
(03:00):
Since 1989, when DNA testing first began overturning convictions, over 3,500 people have been exonerated in the U.S.
Collectively, these individuals lost more than 31,000 years behind bars for crimes they did not commit.
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Studies estimate that between 1 and 5% of all incarcerated individuals are innocent,
meaning anywhere from 20,000 to 100,000 people could currently be in prison for crimes they didn't commit.
The average exoneree spends about 14 years behind bars before being released.
(03:47):
But some of them have spent over 40 years wrongfully imprisoned.
Murder convictions make up a significant portion of exonerations, with many involving prosecutorial misconduct, false confessions, and police corruption.
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Sexual assault cases account for another major portion, largely due to misidentifications and flawed forensic science.
Drug convictions have also been overturned at increasing rates, often due to false evidence or misconduct in the crime labs.
(04:30):
Some common causes of wrongful convictions is eye-witness misidentification.
69% of wrongful convictions overturned by DNA evidence involved mistaken eye-witness testimony.
Your memory is not like a video recording. People's recollections are highly susceptible to suggestion, stress, and bias.
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Cross-racial misidentification is especially common, as studies have shown that people struggle to recognize faces of races different from their own.
Police lineups and photo arrays are often conducted in ways that increase the chances of a false identification.
(05:15):
I read about a story where a man was convicted of a crime. When the witness was doing the identification, this man happened to be 6'7".
So when they did the police line-up, everybody was 5'10", and under, and this man was 6'7".
The witness said that the perpetrator was at least 6'".
(05:39):
So how is this legal? You're putting everybody under 6' and only one person. So who do you think the witness picked out?
The one that's 6'7", because, well, he's at least 6''. That's how wrongful convictions happen.
False confessions and police coercion. More than 1 in 4 people, or over 25% of exonerated individuals, falsely confessed to crimes they didn't commit.
(06:14):
People falsely confessed for various reasons, including police intimidation and long interrogations, sometimes lasting over 12 to 24 hours.
Mental impairment, youth, or psychological pressure. False confessions are especially common among juveniles and individuals with intellectual disabilities.
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Promises of leniency or fear of harsher punishment. Many false confess thinking they will receive a lighter sentence, or even avoid the death penalty.
Techniques like the read technique, used by police to extract confessions, rely on high pressure tactics that lead innocent people to confess.
(07:05):
For those of you that don't know, the read technique is a three-phase police interrogation method used to encourage reluctant suspects to confess.
It's the most common interrogation technique used by U.S. law enforcement. The technique involves fact analysis, the first phase of the interrogation.
(07:27):
Behavioral analysis interview, a non-accusatory interview to gather behavioral and investigative information.
Interrogation, an accusatory monologue presented by the investigator, not a question and answer format.
The read technique is designed to make suspects feel more comfortable telling the truth. It involves nine steps, including direct confrontation, handling denials, and creating a confession opportunity.
(08:01):
The final step is converting the oral confession into a written statement that's witnessed by a third party.
Prosecutorial and police misconduct. Official misconduct is a factor in 54% of all wrongful convictions, and this number jumps to 78% in wrongful murder convictions.
(08:25):
Common forms of misconduct include withholding a sculpatory evidence, which is a Brady violation that could prove innocence.
If you don't know, a Brady violation is when your constitutional right to a fair trial has been violated.
Then there's tampering with or fabricating evidence to strengthen a weak case, coercing or threatening witnesses to testify falsely,
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relying on unreliable jailhouse informants who are incentivized to lie in exchange for reduced sentences, suppressing forensic evidence that contradicts the prosecution's theory or their narrative.
Ineffective legal defense, also known as ineffective assistance of counsel.
(09:19):
Many wrongfully convicted people had inadequate or underfunded defense attorneys, especially in cases where they relied on court-appointed lawyers.
Public defenders handle hundreds of cases a year, often lacking the resources to properly investigate, challenge evidence, or present a strong defense.
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Some defense attorneys fail to challenge faulty forensic science, unreliable witnesses, or coerced confessions.
In some cases, defense lawyers even file Anders' briefs, essentially abandoning their client's appeal by saying there is no valid legal argument to present.
(10:04):
If you listen to the case with Johnny Watkins, that's exactly what happened to him.
Jailhouse Informants and Perjured Testimony
False testimony from jailhouse informants contributed a 15% of exonerations.
Informants often receive reduced sentences, drop charges, or other incentives in exchange for testimony, giving them a strong reason to lie.
(10:34):
In many wrongful convictions, informants were repeat offenders known to fabricate stories to gain benefits.
Faulty Forensic Science
Many forensic methods used in past convictions have been discredited, including bite mark analysis.
Scientists now say it's unreliable and has led to multiple wrongful convictions.
(11:01):
Hair Comparisons
The FBI admitted that its analyst overstated the reliability of microscopic hair comparisons in 95% of their cases.
Arson Investigation Techniques
Many supposed arson indicators, like burn patterns, have been debunked, leading to wrongful convictions.
(11:29):
Even DNA evidence, when mishandled, can lead to false matches or contamination.
Racial Disparities plays a big part in wrongful convictions.
53% of DNA exonerations involve black individuals, despite black people making up only 13% of the US population.
(11:56):
Black defendants are 7 times more likely to be wrongfully convicted of murder than white defendants.
Black individuals convicted of sexual assault are 3.5 times more likely to be later exonerated than white defendants.
Studies show that jurors are more likely to believe eyewitnesses who misidentify black defendants.
(12:23):
Black and Latino defendants face harsher sentences and are less likely to receive parole after wrongful convictions.
Systemic racism and law enforcement, from discriminatory policing to biased prosecution, increases the risk of wrongful convictions for people of color.
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The aftermath of wrongful convictions is hard.
The struggle for compensation.
Only 38 states have laws requiring compensation for exonerees, and many of these laws have strict eligibility requirements.
In some states, exonerees receive no compensation at all, unless they win a civil lawsuit, which that can take years.
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Even in states with compensation laws, payments are often delayed, capped, or subject to legal challenges.
Exonerees can struggle to find employment due to a lack of work history and psychological trauma from being incarcerated.
Many exonerees suffer from PTSD, depression, and anxiety after their release.
(13:44):
The stigma of a wrongful conviction can make it difficult to reintegrate into society, especially after being proven innocent.
Families of wrongfully convicted individuals suffer severe emotional and financial hardship, sometimes going into debt, trying to fight for their loved one's freedom.
(14:08):
You take a two-parent home and make it a single-parent home, and the person didn't even do what they were convicted of.
There's definitely a lack of support after release.
Unlike parolees who receive some level of post-release assistance, exonerees often leave prison with nothing, no housing, no job, and no financial support.
(14:36):
Some exonerees struggle with homelessness and lack access to health care after years of incarceration.
Wrongful convictions highlight deep systemic failures in the justice system, from flawed investigation to racial bias and lack of accountability.
(14:58):
Exonerations are only the tip of the iceberg as thousands of innocent people remain in prison with little hope of justice.
There are four pillars of wickedly judge that we stand by.
Advocate.
We work to bring attention to cases of wrongful conviction and push for justice system reform.
(15:26):
We collaborate with legal teams, nonprofit organizations, and investigative journalists to support exoneration efforts.
By raising awareness, we can build pressure on courts and officials to reconsider unjust rulings.
Educate.
We break down the causes of wrongful convictions, false confessions, flawed forensic evidence, prosecutorial misconduct, and more.
(15:55):
Explore the legal complexities behind appeals, retrials, and clemency petitions so listeners can understand how the system really works and where it fails.
We provide resources for families of the wrongfully convicted, helping them navigate a complicated and often unfair legal system.
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Investigate.
We go beyond just telling stories.
We dive deep into case files, court records, and witness statements.
We conduct interviews with experts, exonerees, and those fighting for justice.
In some cases, we may uncover new evidence or perspectives that could make a difference in getting a case reopened.
(16:43):
Spark change.
We don't just report injustices.
We work towards real solutions.
By partnering with legal professionals, activists, and organizations, we aim to improve policies and advocate for legislative reforms.
We encourage our listeners to take action, whether that's signing petitions, writing to officials, or supporting exonerees as they rebuild their lives.
(17:16):
So how can you be a part of the change?
There are several ways to support Wickedly Judged and the fight for justice.
I can't do this alone.
This movement is powered by people who care.
People like you.
Here's how you can be a part of it.
Subscribe and share.
(17:39):
Make sure you're subscribed to the podcast so you never miss an episode.
Share Wickedly Judged with your friends, family, and on social media.
Awareness is the first step towards change.
Donate.
Your donations help us continue our investigative work, produce high quality content, and support organizations that work to overturn wrongful convictions.
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Every dollar makes a difference.
Sponsorships.
If you or your company believe in justice and want to support this cause, we offer sponsorship opportunities.
Not only does this help keep the podcast going, but it also spreads the message to a wider audience.
(18:26):
Engage with us.
Follow us on social media.
Join discussions.
Let us know which cases you think deserve attention.
Your voice matters.
And together we can amplify the call for justice.
This podcast and movement are deeply personal to me.
(18:49):
My best friend of over 30 years and fiance, Johnny Watkins, has been wrongfully convicted and has been incarcerated for almost 20 years.
I have stood by his side fighting for his freedom, witnessing firsthand the devastating impact of a wrongful conviction.
(19:11):
It's what inspired me to create Wickedly Judged, to expose these injustices, advocate for the innocent, and demand change in our broken system.
Thank you for being a part of this journey with me.
Together we can fight for justice and ensure that no one else suffers the fate of being Wickedly Judged.
(19:36):
Don't miss our next episode, where we begin our deep dive into the case of Florida vs. Garrett Arrowood.
This case is riddled with prosecutorial misconduct, from changing the time of death to fit their narrative, to failing to obtain key evidence before it was destroyed,
to securing a conviction based on falsified testimony from jailhouse informants.
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We'll break down exactly what happened and why Mr. Arrowood deserves another chance at justice.
If you or someone you know has been wrongfully convicted, please reach out to us at wickedlyjudgedatgmail.com.
(20:25):
We also have sponsorship opportunities.
Send us an email if you're interested at wickedlyjudgedatgmail.com.
I want to give a huge shout out to JP Verse with VersaFire Records for creating the incredible intro and outro music for Wickedly Judged.
Your talent and dedication set the perfect tone for this podcast, and I couldn't be more grateful.
(20:53):
A massive thank you to Veterans Alliance for sponsoring Wickedly Judged.
Your support means everything as we continue to shed light on wrongful convictions and fight for justice.
I appreciate y'all so much. Let's keep making an impact.