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March 28, 2024 32 mins
In this gripping episode of "Voiceless Behind Bars," host Sarah delves into the heartbreaking case of David M. Scott II, a man wrongfully convicted three decades ago. Sarah sits down with Ana Quiñones, a dedicated advocate tirelessly working to bring attention to David's story and fight for his freedom.

David's journey began at the tender age of 19 when he found himself ensnared in a justice system that failed him. Despite his efforts to turn his life around while incarcerated—mentoring fellow inmates, pursuing education, and even learning beekeeping to build a future—he remains unjustly imprisoned. 

The tragic turn in David's fate occurred when he crossed paths with William Castleberry, a notorious member of the Georgia Klan, while awaiting sentencing for a crime he maintains he didn't commit. A confrontation with Castleberry led to David being stabbed in self-defense, yet critical evidence supporting his innocence was disregarded. The media painted David as a villain, perpetuating a narrative that further compounded his unjust sentence of life plus 15 years.

As David's parole hearing looms, Sarah and Ana call upon listeners to join their advocacy efforts. They urge individuals to write to the Georgia Pardon and Parole Board and Honorable Judge Geronda V. Carter, shedding light on David's case and the injustice he faces.

Join the movement for justice by visiting "WeCU" and sending letters of support to the addresses provided. Stay updated on developments through the Justice For David M. Scott II Facebook page.Tune in for Ana's post-hearing update and stay engaged as "Voiceless Behind Bars" continues to spotlight cases like David's, shining a light on the fight for justice and accountability within the criminal justice system.

You can send your letter to Ana and she’ll make sure that they get them.
WeCU
PO Box 535 
Sparta, GA 31087

Activists can write to the
Honorable Judge Geronda V. Carter 
9151 Tara Boulevard 
Courtroom# 4CR404
Room 4JC401
Jonesboro, GA 30236
Mark as Played
Transcript

Episode Transcript

Available transcripts are automatically generated. Complete accuracy is not guaranteed.
(00:00):
Zoon me afraid of inside, thecare Foodstone, not every light's gone,
and Cary your baby, don't leta main ice bag keep close to your
heart. I love the fashion's kindof shaby crazy because you as to the
man in the morning. It's allkind of then it's John Me the fraid

(00:23):
of inside, be care Foodstacke,not every ladn't gone, and guide you.
Yeah, when I blow up,I'm gonna saw highlight, Peter Pan,
real life, be living out mydreams. Come waking up for some
A four play whole risk coming upin ice open the boys wine bars.

(00:44):
I'm your host here the Yarman.I'm joined again by my friend and who
is the factor and CEO of WeSee You Human Justice Organization. And there's
the older and founder CEO of LunchTimes. Anna. I'm so glad to

(01:04):
have you back on the show,and this time we're talking about David and
Scott the second. So thank youso much for coming back on. Well,
Sarah, I thank you so much. Yeah, Sarah is just amazing.
I just I love her. Ilove her to pieces. But thank
you so much for having me backand for actually bringing this case from the

(01:27):
archives to the public's attention. Oh, absolutely good, gone, when you're
look into do it? You're right. This man was railroaded and more looking
to it the angrier I got.And he's been in president how long?

(01:48):
Twenty nine years? And he wasnineteen when he entered into when this all
started, right, absolutely, so, yeah, he was nineteen years old
when he went in. I'll letyou ask the questions because I know the
case so well that I'll just starttalking, talking, talking, talking talking.

(02:13):
He said, what, Oh,I understand, so I'll let you
ask the questions. But yeah,he was nineteen years old. He was
so And this is something I wanteverybody to keep in mind, right,
anybody who knows mental health between theages. I even I could even sympathize
with twenty okay, because they're stilltechnically kids, right, but that's just

(02:37):
so nineteen and below these are childrenwho they're especially men, their brain has
been fully developed till at least theage of twenty five. So taking to
consideration the lengthy sentence to the age, because that's something I look at when

(02:59):
I pick up these cases that arearchives, which is mainly what my organization
deals with, the archive cases,but forgotten in prison. And so when
he was when this started, hewas already in jail awaiting trial, and

(03:23):
when he was in jail for anothercrime that he did do, they had
really elevated that sentence patent things absolutely, Okay, So I'm not going to
go so much into detail with becauseyou know, really minister Scott has always

(03:43):
said and his family, they've alwaysadmitted to the fact that he did commit
the crime. However, he wasalso railroaded on this case, on case
number one, as I call him, I call him case number two,
case number one. On case numberone, which was originally what he was
waiting arraignments for when this crime happened, he was ridiculously railroaded. Okay.

(04:04):
So the problem was normally on anarmed robbery and it should have been a
set by taking. But in thestate of Georgia, for some reason,
they just throw a whole bunch ofcharges as to and see what's figures.
That's their secret. We'll see what'sfix and whatever. Six we'll take it
from there and we'll, you know, we'll railroads them. Okay. So

(04:30):
he had like seven or eight differentcharges. They all stuck, you know,
and like I said, he's alwaysshown remorse, he always apologized or
whatever. It was a desperate situation. I won't go into detail. I'll
let him tell his story, butit was a very desperate situation, and
these are public records, of course, a very desperate situation which caused them

(04:54):
to want to take a vehicle andleave the State of Joy. We'll just
leave it there. Then, theproblem was he robbed a high school or
right, but that was to ahigh school principal who was highly respected within
the community in Clayton County, Georgia. The problem was her husband was a

(05:18):
law professor and also worked for thejuvenile court system in Clayton County and Sulton
County, which would be a conflictof interest. Of course, we've been
able to get some things that willprove that. And the reason why that's
so critical and important is because theyused the second case, and we're going

(05:41):
to go into detail with that,the second case, when he'd not even
been indicted in that case, andthey used it on the sentencing phase of
his first case. If that makessense, to go ahead and give them
a life sentence for fifteen years inthe State of Georgia sentence at that time,

(06:02):
after fourteen years you could parole out. Then the law changed to thirty
years, so now they like tokeep you in there for thirty years,
doesn't matter how long you were inthere. That's a very long time to
keep them in there. Thirty yearsat nineteen eighteen seventeen. You know,
we have to consider a lot ofdifferent things. And mister Scott unfortunately has

(06:26):
always had weird situations where he reallygets railroaded from the system. I mean,
I've never seen cases like like youcan actually see in black and white
where it shows he was railroaded.Yeah, but just the case aw with
the case number two, where Imean this was an act of self defense

(06:46):
right here, and this never shouldhave happened in the first place. There
were instructions where he was acting selfdefense from this all, let's be off.
This clansman never should have been allowedin general population. Absolutely so at
that time, the B Pod,I believe that's where they were at.

(07:11):
The B Pod was was a partof their their their jail house, right,
and they had uh guys in therewith the situations such as David remember
Sarah, I think I showed youthe newspaper clippings where they really made him

(07:32):
look like a horrible monster. LikeI say, he was iron paying.
He made a mistake. Desperate situations. Well, sometimes they could do some
real stupid things. You think,are okay at that moment that we're not.
We're not sitting here and justifying atall, you know. But the
problem was that mister Castle very firstof all, Uh, not only was

(07:57):
he a known clansman, he hadbeen diagnosed with schizophrenia, which was never
admitted in court. He was alsoa threat, a threat to everybody.
He should have been segregated alone withoutanybody. Uh is Uh the papal statements

(08:22):
once I got my hands on them, which was a nightmare to get it.
Took on me almost a year toget these files. Okay, the
paperwork with it showed that he hewas a threat even to officers. He
tried. They caught him, Ithink with four shanks at one point.

(08:45):
Yep. The shank that he hadsharpened up from a wooden broom at that
time. Uh, that he usedto stab shank mister Scott. Mister Scott
said was about nine inches. That'snot what they showed in court. Uh.
They showed a very small two orthree inch Yeah, and they made

(09:09):
it look like it was just alittle cut, a little great but that
picture that I actually sent you,that was in his paperwork or in his
transcripts and stuff. That picture wastaken almost two months after. So if
you still see the scar pretty clear, that means that was a pretty good
cut. Yeah, pretty good cut. There was blood all over, and

(09:35):
he tried don't want to get theguns go ahead? He tried. David
tried to get away when mister Castleberryhad cornered him exactly. So okay,
so what was going on at thatmoment? According to the transcripts and statements
over and over again? May Iadd one more game, Sarah? Of
course, there was a guy bythe name of Kreamer who was a former

(10:01):
cellmate of William Castleberry. William CastleberryStaff Creamer in his nose bridge with the
shank with a shank. It wasa plastic shank made out of a toothbrush.
So it wasn't that Clayton County didnot know what was going on with
this guy. He wanted to getkilled by a black man, right,

(10:24):
So just so you guys know,like to the extreme of what he was
going doing. So what was yourquestion? I'm sorry I interrupted you because
I didn't want to forget that.Oh, no, I'm glad you've all
talked about that. And I onedad who was in his paperwork. He
needed to be segregated and anytime heleft his cell, he needed to have

(10:48):
two deputies with him at all times. So at all times he had to
have two deputies there with him.Oh, that's what I was going to
tell you. Wow, Okay,So Castleberry at the time, they call
it the day room, I guessin all prisons in county jails. So

(11:09):
they're all sitting there in the dayroom. Mind you, guys, there is
not one officer in sight. Let'sstart there, not one officer in site,
which holds the county accountable for thishappening. What happens then, is
mister William Castleberry's playing a game ofsolitaire. They were watching a movie and

(11:37):
I can't think of the name ofthe movie now, but I guess that's
important. But missus Scott was actuallywriting raps, a rap or whatever.
That's what the guys did back inthe nineties. So he's writing a rap
and out of nowhere, William Castleburyshanker, Missus Scott head hit the table

(12:01):
and it's a metal table. Isaw the pictures of the table and I'll
send those to you if you'd likethe metal table. You know, you
can imagine the metal how it wasback in the nineties. It was pretty
hard. His head hit the tablepretty hard because it would lash him.
I mean, he didn't he didn'tsee it coming. He got up.

(12:24):
Mister Scott tried getting away. Hesaid, oh my god, he's shanking.
He shanked me. He cut me. Paying Somebody, get him,
get him, get him, getcaught, get me, help, get
me help. No guard in sight. He's cornered. Castleberry was coming back
towards him to shank him again,and mister Scott was left no choice but

(12:52):
to defend himself. Right now.What they used at that time was OCG
sixteen three twenty one, and that'sa code in the State of Georgia that
says you can only go after somebodyat the force that they're coming at you.
As The problem is that when you'rein a facility, a control facility,

(13:18):
which would be like County Dale prison, stuff like that, it is
automatically assumed that if the person isof a different race, they're coming to
kill you. What they didn't disclosewas that he was the known KKK member.
Oh and One thing I have toadd is at that time, because

(13:39):
of the first crime, you know, these cases all interlink, right,
So because of the first crime,there was actually flyers going around the county
calling on the KKK to hurt misterScott and his family. And this was
actually said in on the sentencing faceof case worn. So it's kind of

(14:05):
weird how everything kind of connects,right. You'd have to read it to
believe it, because you're like,how did this all happen? It happened
though, you know, so,long story short, mister Scott had no
choice but to defend himself. Hedid what any of us would probably do.
More than likely. Castleberry succumbs tothe wounds eight days later. He

(14:33):
did u Mister Scott did sever hisear. But that is what they're facing
on that. Mister Scott didn't haveto be so rough. This is my
thing. If someone comes at youwith a nine inch shank, what are
you supposed to do? Exactly?They cut you, Your head hits the
table. It's a metal table.You're asking for help, no guarden sight.

(15:03):
It took a guard, according tostatements, about twenty minutes to get
there. According to Eth o' harris, who was the investigator at that time.
She went to the hospital. Castlebury'sfamily was there. The uncle said
to the to the investigator, I'msure he got killed by a black man.

(15:28):
I hope they don't convict them.The paperwork says it, yep,
Okay, I hope they don't convictthem. We knew that this is what
was going to happen, because thisis what he wanted to happen. Okay.
The mother knew that it would happen. The sister they speak about how

(15:50):
he'd had a head injury and Castleburywasn't you know all there and mind y'all.
The reason why he was in ClaytonCounty Jail in the first place is
because when he was out on thestreet, he had looked out a gun
to a black man saying he wasgoing to kill the end. We'll just
leave it there. The paperwork suitsfor herself. So it was he was

(16:12):
a problem and his mom wouldn't bailout of jail because she pullised me was
that dangerous? So yes, Sothe mother felt that he was that dangerous
where he needed to be in there, and it was safer for himself and
for everyone for him to be inthere. If you guys read the letter

(16:37):
that he sent to his mother.He talked about in this and that.
You guys can imagine what word I'msaying. He hates them, it's her
fault, this and that and thatand that. It was just a very
disrespectful letter, something you wouldn't writeyour mother. Okay. He also and
may I add he had a child'smother. I also sent her a letter

(17:06):
telling her how much he loved her, telling her that he was done with
his life. He pretty much youknow, left these letters. Uh,
they were later found in his dorm. But this letter that he wrote her
in at the last in the backof the page the next page, it
said, may all your children bewhite? M So he wasn't racist.

(17:37):
He wasn't a clansman. You know, people need to sometimes, Like I
said, people make mistakes. We'renot justifying what mister Scott did in the
first place. This isn't this isabout that second case. It shouldn't ever
happen. It should have never evenhe should never even been indicted on that.

(17:59):
Because the more I listen to myselfsay it, I'm like, this
is insane exactly, and they allsuch a witness testifying. Is that correct?
Excuse me, they get there's awitness statement that I read and they
didn't even look at Okay. Soyeah, that's what I was gonna say,

(18:21):
Sarah, and I forgot Okay.So anything that could have helped mister
Scott get the get just this caseis dismissed was not admissible in court.
Was not admitted in court. Ifyou look over and over and over and

(18:44):
over and over and over again,it was a no. Everything that could
help. None of Castlebury's violent historywas admitted in court. Neither was any
of the witness statements. I believethey used a Meil mcford who was used

(19:14):
to give them the original life sentencebecause he was standing there and they used
it to kind of twist his words, if that makes sense. And that
was the only witness that they usedto make sure that they found them guilty.
Sarah. One more thing I'd liketo add is he went to court

(19:36):
twice on this malice murder. Thisis how you know there was a railroading.
Okay, as if the first timethere was a hung jury. There
was three black females on the jury. I've tried to locate these women and
I sure like to talk to themon their sentiment at that time. If
anybody wants to help me locate them. But the three of them hung.

(20:03):
The jury. The jury was hunt. They brought mister Scott right back into
court. You remember, when yougo to court, it's supposed to be
a jur of your peers, thosepeople who are like you, similar to
you, so that they're fair,right, right. The jurors were school

(20:25):
board people, police officers. Iremember what I mentioned to you with the
officer that was killed at that time, and the judge that got transferred,
Judge Andrews to Alabama. This allconnects. It's the weirdest story. Judge
Andrews and police officers and just peoplein the community, like military folks that

(20:51):
were more conservative. Okay, that'snot even the problem. The problem is,
but you only had I had oneblack woman on that jury, and
she was an elderly woman, andeleven other jurors who were all Caucasian,

(21:11):
And you can't tell me that thatsentence was ever fair exactly. They did
find him guilty of malice murder,and he sat there well. At the
time when I took the case,he'd been in prison for twenty six years.
When the family contacted me, andthey asked me would I be willing
to look at the case. Iimmediately looked it up online and I looked

(21:36):
at the few and I was like, this really happened. And to this
day there I think I told youthis, and I tell everybody that that's
my baby case. That's my babycase, because I've never seen anything like
it. No, I'm saying it'sa similar but that was an obvious,
blatant railroad. So what can thepublic do to help David, because,

(22:04):
like he said, he was completelyrailroaded and never never should have happened,
like with the mouse murder. Absolutelynot. Okay, So what my organization
we see you, Human Justice ofCorporation, is asking from you, guys.
It's two things from the public,and we'll give you guys the peel

(22:32):
box if you want me to say, I can give it to them now
or how do you want to dothat? Oh yeah, go right ahead.
Okay. So it's peel box fivethree five Sparta s p A R
T A Georgia three one zero eightseven. Now what I am asking from

(22:55):
the public is mister Scott was realon this case. The worst part is
that they give them concurrence. It'sconcurrent right when it's one sentence in the
other, so they're concurrent sentences.I don't believe I'm saying it right.
Concurrent where you have to serve yourlife with your capital. The capitol would

(23:21):
have been malice murdered, and thenyou've got to start serving your first sentence,
which was what he was really guiltyof. I'm making a cry to
the public to please write letters toparole and pardon. Look at the case
for yourself, read it for yourself, you know, don't don't take my

(23:42):
word for it. Read it foryourself, and write a letter to parole
each parole impart in board member.You can look it up under the Georgia
Parole and Pardons website because you haveto individually send to each one of them,
step Lee a letter for each ofthem to look at. Now.

(24:06):
If not, they won't even it, won't they won't even look at it,
you know. So we need tomake sure that we write a letter,
you know, asking that the publicwants them back home, because that's
very important for them to parole inthe first place, and for other activists.

(24:29):
Please write a letter to the judge. Mister Scott will be in court
April first at nine am via zoom, and we'll also leave that information up
for anybody, any activist specifically whoUnited would like to be there in support

(24:51):
a mister Scott in this situation,I think it's very important for all of
us to stick together on this one, and all of us stick together and
be there and write a letter tothe judge asking her to really look at
the details of this case because heis going back in. We don't know

(25:11):
what's going to happen in court.I can't say this way or that way.
We don't know. We just knowthat we are bringing them back under
an extraordinary motion for a new trial. Everything will be heard, but we're
asking for the judge to have sympathyand really look at the ins and outs
of that case because you know,even if he were to get less okay,

(25:37):
but you were still in a situationthat you have left no choice but
to defend yourself exactly, you know. So it's up to the judge at
the end of the day, andthe judges h like I said, quarters

(26:03):
on April first, I'm trying tosee if we can get an address for
the judge. I'm gonna look now, the judge's name is Deironda Carter.

(26:26):
What ja, Yeah, I'm sorry. Oh what's the judges name again?
So it's honorable Gironda g R ON D A. The letter V like
Victor, last name Carter. Okay. The address over there is nine to

(26:49):
one five one terrib Boulevard, Jonesborough, Georgia, three zero two three six
very important. Let me make surethat that's yeah, okay. So it's

(27:11):
actually got a room number, sojust in case you guys need it,
her room number is for the numberfour. The letter J isn't Jack,
the letter C isn't cat for zeroone, and her courtroom is the number

(27:34):
four. The letter C as incats are as in Ricky four zero four.
So if you guys could and thisis a cry out to all activist,
I really think we should stand united, especially when we know as a

(27:56):
team that someone with railroaded absolutely theseconds to write a letter you need,
any any of the ins and outson the case, go on the page
Justice for David M. Scott.The second. I have some things that
I run that page. I havesome things that I have put on there.

(28:18):
But if you guys need more details, let me know and I'll gladly
give them to you guys, butit's for it speaks for itself. I
stopped posting because we have mister Scottgoing back to court and I don't want
to do anything to hurt him inany shape, form or manner. We
want to make sure it goes assmooth as possible for him, right,
you know so, and that's that'swhat my call is for them to have

(28:45):
sympathy, you know, for him, for the situation, because if that
sentence can honestly you know, likeI said, I don't know that maybe
any of us would maybe have thestrength to maybe kill somebody. I don't
know that. I don't know whatyou do in these situations because I've never
been in this situation. However,I know that I would defend myself.

(29:08):
Absolutely not going to be good forthe next person who is attacking me and
Sarah, I'll joke in aside,I do take self defense training, so
I don't think it's gonna be goodfor the middle. But you know,
the point that I'm making is whatwas he supposed to do? Exactly?

(29:32):
You're in a jail setting county jail, not one officer, and mind you
in the county jail, it's Sarahthere was not one sheriff in the area.
M one thing I forgot to add, Sarah, And this will be
very interesting. Do you know whovictor Sheriff Victor Hill is. I don't

(29:52):
know the name. Sheriff Victor Hillwas sentenced for all kinds the things that
he did lying on cases, soforth, so on. He was the
lead detective on his first case.That should tell you enough. Yeah,
that should tell you enough of whatwas going on in Clayton County at the

(30:15):
time. M Oh yeah. Soit's really interesting to find out. Right
now he's serving jail time. Hemay have been released by now, I
don't know, but he is servingjail time for things he did that we're
inappropriate. We're gonna absolutely get thoseletters out and we're gonna have that listened

(30:41):
description. How just wind your howeveryone can help, and we'll definitely go
back on update everyone hopefully we cando so. Again, thank you for
climb back on. Thank you somuch for sharing his stories. And again
we're gonna send those letters out andI'll, like I said, hopefully good

(31:04):
news after Monday. Yes, soagain, and Sarah a million times,
I couldn't thank you anymore, youknow, because as an activist. It
means a lot when other activists standwith you and they actually hear these cases
and they're like, whoa, howdid this happen? You know, and
always kind on my support also frommy organization as well as lunchtime with Anna.

(31:27):
For any of your future needs,with any cases, know that we
are here with you because I couldnever thank you enough for everything you've done
for mister Scott and a course friendand Deppa and very soon to Carlos Greer.
I thank you, yes, absolutely, thank you so much. Thank

(31:49):
you, thank you, And youknow, keep spreading the words so bad
it can boosday Not every light hasgone and gut your baby, then adding
main ice spig get it close toyour heart. I love the Pressure's kind
and drive you crazy because your ryesto the madness in the morning. It's

(32:15):
all kind of man. It's don'tbe afraid of it safe, be careful
with sticks. Not every light isgone, and guide you. Yeah,
when I blow up, I'm gonnasaw a highlight Peter Pan in real life,
be living all my dreams, comewaking up per cent the fourth land,
whole wrist, covering up in ice, stealing ship, never asked the price
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