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[train horn sounds]
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[Dr. West] This is the old downtown.
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It was actually vibrant in the early '70s,
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when I first came to Hattiesburg.
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Now it's just a ghost of its former self.
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Now, here's the county courthouse.
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About every courthouse
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in every county in Mississippi,
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you'll find a Confederate memorial.
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I'm trying to think of... Have, uh...
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any of the courthouses I've been to,
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which have been numerous,
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if there was one that didn't have
a Confederate memorial,
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and I don't believe there is.
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And you'd have to admit, you know,
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from an artistic standpoint,
it's very beautiful.
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Very detailed.
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Taking it away does not better anything.
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Erasing history is ignorant.
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It benefits no one.
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They want to erase me from history.
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When I was active in death investigation,
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we used the state-of-the-art,
the best that we had at the time.
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To come back 20 or 25 years later
and criticize us for it is ridiculous.
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It's our job to be controversial.
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If you don't like the way I do it,
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get up off your dead ass,
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go to the morgue every weekend,
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spend it with 15 or 20 dead babies,
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come out of there
without being a fruitcake.
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I'm just the messenger
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who collects the evidence
and brings it to the jury.
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And if somewhere down the road,
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some new scientific method
comes out and says,
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"This man is innocent,"
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we can open the door and let him out.
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[opening theme music playing]
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Court's in recess.
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[cheers and applause]
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[Peter Neufeld] When we first started out
taking these wrongful conviction cases,
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we were very much focused
on just using the DNA
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to exonerate people.
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- [judge] You're free to go.
- [applause]
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Yes, sir. Yes, sir. I'm free. I'm free.
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[applause and cheers]
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Oh, yes!
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[Peter] But we quickly realized that
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the much more pressing question
to answer is,
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how did they get into prison
in the first place?
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And that's what we set out to do.
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[elevator dings]
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We set up what's called
a strategic litigation unit,
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a special unit of lawyers
who will look at systemic problems
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and try and change the law.
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[Chris Fabricant I think we need to do
more talking with him as a general matter.
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Didn't you talk to Spencer about
how rigorously that rule is applied,
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and it sounds like medium?
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Okay. I'm going to be gone
the next couple days.
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With policy work, it's very important
to do an upstream fix,
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because by the time unreliable
forensic evidence is in front of a jury,
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it's really too late.
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Most lawyers are terrified of science.
So are judges, you know, so are jurors.
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Part of my job is to highlight the areas
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where forensics really
have never been established
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as valid and reliable evidence.
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Courts have been
admitting this evidence for 50 years,
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and they were wrong.
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Every single time.
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Wrong. Wrong. Wrong. They didn't know
what they were talking about, right?
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You have, in popular culture,
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scientific evidence
that's presented as infallible.
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Right? There's a CSI episode
with bite marks, it goes...
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[mimics beeping] "Match!"
Right? "We got him!"
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Just because somebody is an expert witness
doesn't mean they're right.
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They're as full of shit as anybody else.
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Let me ask you a question:
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How many of you have heard of the 2009
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National Academy of Sciences report
on the state of forensics in this country?
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That's good. That's good.
It's getting much better.
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It's probably the most important document
that you can have
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as a defense attorney
as it relates to forensic sciences.
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The NAS report was a thunderbolt across
the forensic science community in 2009.
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The National Academy of Science
is the foremost scientific body
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in the United States.
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It's their responsibility
to advise the federal government
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on all policy
involving science and medicine.
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What the National Academy is saying
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is that, for dozens
of different forensic disciplines,
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the fundamental principles of science
was never there.
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It's called forensic science,
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but it didn't start as a science.
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It started as creative ideas
by detectives to solve a crime.
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People think it is so powerful.
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[Peter] They call it the CSI effect.
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People get to see some good-looking,
young forensic scientist
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go out to a crime scene
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and solve the murder.
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See these drag marks?
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They match the shoes
your victim was wearing.
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[Peter] With crime shows like
Law & Order and NCIS...
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[woman] And I give you...
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the killer's incisors.
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[Peter]...it's really hard for jurors
to set aside those preconceived notions.
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Somebody walks into a courtroom
wearing a lab coat,
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they must be telling the truth.
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[Chris] Because bite mark analysis
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is the curious manifestation
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of the worst types of forensic sciences,
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we decided to start there,
with bite mark cases.
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My paralegal at the time
came across Keith Harward's case.
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[woman 1] The evidence against Keith
was incredibly weak.
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None of the physical evidence
pointed to him.
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In fact,
there was physical evidence known
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that pointed away from Keith.
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All of that exculpatory evidence
was rationalized away
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because the dentist said he was the biter.
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Innocent or guilty, there's something
wrong with that conviction.
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[Chris] Nobody had heard from
Mr. Harward for decades.
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He'd just been literally dying in prison.
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[Keith Harward] To the day
I was convicted, I felt like,
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somebody's going to say,
"Uh, this is a mistake."
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I am a true railroad case
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where they put me on that train
and sent me down the tracks,
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and didn't look back.
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[man 2] It was a big deal.
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When somebody
comes into a family's home...
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murders a husband,
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and sexually assaults the wife...
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In Newport News,
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that's a pretty sensational crime.
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[woman] He was in my house
for about three hours.
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I was hit several times,
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and I was repeatedly raped.
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He threatened to kill me
and get my daughter.
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He kept reminding me
how nice and tight she would be
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if I did not do what I was told to do.
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He bit me from my ankles
all the way up to my thighs,
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and left perfect imprints
of his teeth marks.
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That was the hardest thing, not to...
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scream or make a noise
while he was doing that.
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But I didn't want to wake the kids up.
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I don't know how long I was there
before I got up and called the police.
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The guy was young,
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clean-shaven,
kind of like a sandy, browny-blonde hair.
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He was thin.
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He had a sailor uniform on,
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with those little Vs on his shirts,
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and those little dog tags.
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I remember the dog tags
'cause they were cold up against my chest.
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[Keith] I wanted to travel,
I wanted to see the country.
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Travel round and meet people,
and do that kind of stuff.
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So that's how I ended up in the Navy.
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In Newport News,
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I was stationed on the Carl Vinson.
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And that's kind of where
that story started.
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[Teresa] The police
couldn't find out who it was.
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They kept coming up with dead end
after dead end, so they didn't know.
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The days went by.
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I was petrified every minute.
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I couldn't be alone.
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I was afraid he was gonna
come back and get me.
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[Keith] I met a local lady at a bar,
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and we start up a relationship.
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We got into a fight, and it got physical,
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and I bit her on the shoulder.
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She went to the hospital
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and that's apparently
when the detectives got involved with it.
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They arranged to have
Teresa attend a lower court hearing
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where the sailor had to go
to answer the assault charge.
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[Teresa]
The police took me in a courtroom.
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I was petrified to be there.
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They tried to ask me,
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"Can you identify him? Is that him?"
I'm like, "It doesn't sound like him."
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They were really hoping that
I would just say, "Yes, it's him."
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But if I could have recognized his voice,
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I probably would've lost it.
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[Frank Green] She couldn't identify him.
However, a few days later,
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a security guard said
he had seen a sailor come in
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who had blood on his uniform
early that morning.
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The security guard was shown six mugshots,
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and he identified Keith Harward
as the sailor he had seen
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walk through the gate early that morning
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with blood on his uniform.
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[Keith]
They took me down to a local dentist
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and had molds made of my teeth,
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so they could send them off
to these odontologists.
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[Frank]
Two different forensic odontologists
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both agreed he was the person,
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within a reasonable scientific certainty,
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who bit Teresa.
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The bite mark evidence was exotic,
it was new.
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Without it,
they really didn't have a case.
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[Ken Murov]
Shortly after Keith was indicted,
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the chief judge called me on the phone
and he said,
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"I want you to represent Harward.
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Do you have a problem with that?"
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And, being a 33-year-old lawyer,
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I wasn't gonna tell the chief judge, "No."
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It was a high-profile case.
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Downtown Newport News, circuit court.
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I was not expecting
a finding of not guilty,
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because of the compelling nature
of the bite mark evidence.
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The forensic dentist,
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Lowell Levine from New York City,
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testified that Keith had a central incisor
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that was chipped at a 45-degree angle.
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And so he just focused on
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how Keith's dentition matched up
with that impression on her thigh.
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...within a reasonable
scientific certainty.
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[Frank] Dr. Lowell Levine,
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he was a celebrity in the field.
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By the time they were done
qualifying him as an expert,
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the jury was willing to believe
anything he said.
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[Keith] So when he gets up with a pointer
and a big four-by-six photograph
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and starts pointing, "See this...
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it's shaped like a fish hook,
and the tooth is turned this way
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so that matches, so,
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by God, it's him.
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And I say so because I'm an expert,
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and I'm a world-renowned expert."
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[Ken]
It was like he was spoon-feeding the jury,
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you know, they were eating it up.
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[Keith] I was done.
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That was it. The jury, I was guilty.
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He didn't have to say anything else.
I was guilty.
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[keys jangle in lock]
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[door closes]
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[indistinct radio chatter]
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[Peter] You think you know somebody
when you visit them in prison,
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but you don't.
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It's only when you meet their mothers
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and their siblings and their neighborhoods
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that you finally see that
this is a complete human being.
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[indistinct chatter]
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[Peter] Levon and Kennedy's cases
were particularly special to me,
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being able to be there
when they won their freedom.
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We stayed in touch with Levon,
and then we found out that...
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he was sick.
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You gave us a great day.
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- [Peter chuckles]
- [man] It's so good to see you, man.
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[laughing] It's good to see you, too.
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Oh, man.
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How's it been going?
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Things are going well. Dinah!
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- How are you?
- Good to see you, too.
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[Dinah chuckles]
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[Peter] How many chickens you got?
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Oh, I can't count 'em all.
249
00:16:55,055 --> 00:16:56,807
- Do they do different things?
- Yeah.
250
00:16:57,516 --> 00:16:58,600
What do they do?
251
00:16:59,727 --> 00:17:01,437
[Levon] That rooster right there
252
00:17:02,229 --> 00:17:04,314
produce green eggs.
253
00:17:06,442 --> 00:17:07,443
Solid green eggs.
254
00:17:08,318 --> 00:17:11,864
And then I got some in that pen
over there, light blue eggs.
255
00:17:11,947 --> 00:17:12,781
[rooster crows]
256
00:17:12,865 --> 00:17:14,700
So, when Easter time comes,
257
00:17:14,783 --> 00:17:16,994
you don't have to color no eggs
if you get 'em from me
258
00:17:17,077 --> 00:17:18,370
'cause they already colored.
259
00:17:20,456 --> 00:17:22,809
[Peter] You ever talk to that doctor
from New York any more?
260
00:17:22,833 --> 00:17:25,878
- [Levon] Mm-hmm.
- [Peter] Did, uh, he have anything to say?
261
00:17:25,961 --> 00:17:28,380
[Dinah] Uh, no,
he was just basically saying that
262
00:17:28,464 --> 00:17:31,383
they could do what they said
they would try for the surgery,
263
00:17:31,467 --> 00:17:33,467
and he said he wasn't gonna try
to go through that.
264
00:17:33,510 --> 00:17:35,471
[chickens cluck]
265
00:17:39,641 --> 00:17:41,518
When I was doing chemo,
266
00:17:41,852 --> 00:17:43,187
they was running that, um,
267
00:17:44,688 --> 00:17:47,483
that medicine through me
that makes my hands numb.
268
00:17:48,776 --> 00:17:53,238
I didn't have the touch that I had
to draw with, I wasn't still enough.
269
00:17:53,697 --> 00:17:58,035
Now the feeling's kind of coming back
into my hands since they took me off that.
270
00:17:59,745 --> 00:18:02,122
The feeling is kind of coming back
into my hands now.
271
00:18:02,206 --> 00:18:05,584
Maybe I'll be able enough
to finish my artwork out.
272
00:18:07,377 --> 00:18:08,754
When I got out of prison,
273
00:18:08,837 --> 00:18:12,716
I was selling greeting cards
and I was making key chains too.
274
00:18:14,384 --> 00:18:18,472
This is one of my favorites,
one of my best sellers.
275
00:18:21,016 --> 00:18:24,228
It's the hummingbird and the flowers.
276
00:18:24,311 --> 00:18:26,939
Okay, this design was a hot seller.
277
00:18:27,773 --> 00:18:29,858
Got a little love in it, got a little...
278
00:18:31,443 --> 00:18:33,821
little scrape to it, was this.
279
00:18:37,032 --> 00:18:38,752
I don't think
I'm through with this one yet.
280
00:18:38,826 --> 00:18:40,619
No. I got to complete it.
281
00:18:41,370 --> 00:18:43,288
But, like I said, I feel better
282
00:18:43,372 --> 00:18:46,375
and I'm a go back to doing my artwork.
283
00:18:57,636 --> 00:18:59,388
I've always been strong in my life.
284
00:19:02,015 --> 00:19:05,394
What I'm going through, I'm gonna
fight it with everything I've got.
285
00:19:08,021 --> 00:19:11,441
I'm 'a make it just the same way when
I went on and did them eighteen years.
286
00:19:11,525 --> 00:19:12,525
I'm 'a make it.
287
00:19:21,535 --> 00:19:25,330
I'm 'a put God first, I'm 'a fight
with everything I got, like I did then.
288
00:19:37,509 --> 00:19:39,344
[engine starts]
289
00:19:48,812 --> 00:19:52,149
Me and my brother James, we always
have been close to one another, you know,
290
00:19:52,566 --> 00:19:55,819
and since I haven't been working
whatever job it is he can get
291
00:19:56,195 --> 00:19:58,071
he'll ask me to help him out with it.
292
00:19:59,948 --> 00:20:01,200
I help him all the time.
293
00:20:09,833 --> 00:20:15,672
[Peter] Kennedy and Levon were each given
the sum of $50,000 a year for ten years.
294
00:20:17,716 --> 00:20:19,551
That ten years has come and gone,
295
00:20:19,635 --> 00:20:21,261
so there's no more compensation.
296
00:20:22,804 --> 00:20:24,223
So for the rest of his life,
297
00:20:24,306 --> 00:20:27,517
he not only has no compensation
for the wrongful conviction,
298
00:20:28,185 --> 00:20:33,023
but he isn't eligible for Social Security
because he didn't work enough quarters.
299
00:20:34,816 --> 00:20:37,277
It's very hard to find
meaningful employment
300
00:20:37,361 --> 00:20:39,738
after being locked up
for something you didn't do.
301
00:20:51,500 --> 00:20:56,171
[singing softly]
302
00:21:02,636 --> 00:21:04,805
[indistinct chatter]
303
00:21:08,183 --> 00:21:10,411
Well I told you if you ain't cookin'
get out the kitchen.
304
00:21:10,435 --> 00:21:12,854
Would've been through by now
I done got hungry.
305
00:21:12,938 --> 00:21:17,317
[continues singing]
306
00:21:19,111 --> 00:21:20,696
I don't know what I'm 'a do.
307
00:21:25,325 --> 00:21:28,662
I'd rather work though,
'cause you know just sitting around here
308
00:21:28,745 --> 00:21:30,745
every day not having nothing to do
would be boring.
309
00:21:35,419 --> 00:21:37,421
[Annie continues singing softly]
310
00:21:55,188 --> 00:21:58,734
I just can't walk around holding a grudge.
311
00:22:03,572 --> 00:22:08,076
It's happened. It's over. I'm not just
gon' dwell on the past. I just,
312
00:22:08,869 --> 00:22:09,911
I just move on.
313
00:22:25,761 --> 00:22:27,763
[Dr. West] All murder cases are forever.
314
00:22:28,972 --> 00:22:31,516
Either the suspect dies, or you die.
315
00:22:32,017 --> 00:22:33,935
That's the only way you get out of it.
316
00:22:36,480 --> 00:22:39,483
You will always be bound together.
317
00:22:47,032 --> 00:22:52,204
The Innocence Project won
with the Brewer and Brooks case.
318
00:22:52,829 --> 00:22:55,624
They feel that now they have the impetus
319
00:22:55,707 --> 00:22:58,335
to reverse every case I ever testified in.
320
00:23:00,712 --> 00:23:02,005
Yes, I can be wrong.
321
00:23:02,714 --> 00:23:06,343
Have they presented me any new evidence
322
00:23:06,426 --> 00:23:08,011
that would change my opinion?
323
00:23:09,388 --> 00:23:10,388
No.
324
00:23:10,764 --> 00:23:13,392
They will not allow a 1% error rate.
325
00:23:13,475 --> 00:23:15,894
They will not allow 0.5% of error rate.
326
00:23:15,977 --> 00:23:19,106
You must be perfect,
327
00:23:19,189 --> 00:23:21,942
or the Innocence Project say
you shouldn't testify.
328
00:23:28,240 --> 00:23:30,920
[Chris] Because there are dentists
that are willing to go into court
329
00:23:30,992 --> 00:23:32,202
and spew nonsense,
330
00:23:33,370 --> 00:23:34,704
we have to be resistant.
331
00:23:39,584 --> 00:23:41,586
Resisting means coming to the conferences,
332
00:23:41,670 --> 00:23:44,756
it means resisting them in court,
it means resisting them in the media.
333
00:23:51,555 --> 00:23:53,640
For many, many people
in this industry,
334
00:23:54,057 --> 00:23:58,145
the American Academy of Forensic Sciences'
annual meeting,
335
00:23:59,438 --> 00:24:01,606
it's the most important meeting
of the year.
336
00:24:10,699 --> 00:24:15,078
There is no manner of forensics
that are not up for presentation here.
337
00:24:16,663 --> 00:24:18,665
It's too short - stop.
338
00:24:19,458 --> 00:24:23,795
[Chris] Separating out real science
from faux science is very difficult to do.
339
00:24:24,296 --> 00:24:25,714
Blood pattern analysis.
340
00:24:25,797 --> 00:24:27,007
Blood decomposition.
341
00:24:27,090 --> 00:24:29,593
We actually do fire investigation.
342
00:24:29,676 --> 00:24:31,011
Forensic podiatry.
343
00:24:31,094 --> 00:24:33,305
The science of footprints, actually.
344
00:24:33,388 --> 00:24:35,015
[Chris] There are real scientists,
345
00:24:35,098 --> 00:24:36,558
there are junk scientists,
346
00:24:36,641 --> 00:24:38,393
and there is everything in between.
347
00:24:39,519 --> 00:24:42,039
It's important to keep a finger
on the pulse of what's emerging.
348
00:24:42,105 --> 00:24:45,150
Cops always think that
someone lit the fire.
349
00:24:45,233 --> 00:24:48,403
Now we can go in and we can figure out
where we're losing DNA,
350
00:24:48,487 --> 00:24:49,863
and we can make it better.
351
00:24:50,363 --> 00:24:54,117
[Chris] I have an opportunity to meet with
the experts we're going to use in trials.
352
00:24:54,201 --> 00:24:56,578
So that was, like, your first exoneration?
353
00:24:56,661 --> 00:24:59,498
The science is what it is.
It's either good science or bad science.
354
00:25:00,957 --> 00:25:03,668
[Chris] There has to be some pushback
when you just get nonsense
355
00:25:03,752 --> 00:25:05,837
being spewed as scientific reality.
356
00:25:06,171 --> 00:25:07,756
We're talking about life and liberty.
357
00:25:07,839 --> 00:25:13,970
During this study,
I trained and tested two dogs.
358
00:25:14,054 --> 00:25:15,430
Very important.
359
00:25:15,514 --> 00:25:17,724
Sex determination from the footprint.
360
00:25:17,807 --> 00:25:21,102
In females -
in females, the ridges are very fine.
361
00:25:23,647 --> 00:25:25,565
[Chris] Suddenly a wild idea here
362
00:25:25,649 --> 00:25:28,652
will be presented and end up
putting somebody in death row.
363
00:25:28,985 --> 00:25:30,570
That's what we're trying to avoid.
364
00:25:32,572 --> 00:25:33,865
[man 2] Welcome to Just Science,
365
00:25:33,949 --> 00:25:35,789
the podcast for
forensic science professionals.
366
00:25:35,867 --> 00:25:37,494
I'm your host, John Morgan.
367
00:25:37,577 --> 00:25:41,915
Today we have a very special episode
about the non-controversial topic
368
00:25:41,998 --> 00:25:44,376
- of bite mark evidence examination.
- [laughter]
369
00:25:44,459 --> 00:25:46,461
You guys are ready for that, I hope.
370
00:25:46,545 --> 00:25:49,506
Dick, I want to turn to you,
because bite mark evidence,
371
00:25:50,090 --> 00:25:53,969
it was very, very much popularized
when you worked the Ted Bundy case,
372
00:25:54,052 --> 00:25:57,597
which, of course, was a great success
for bite mark examination.
373
00:25:57,681 --> 00:25:59,724
At the trial, you said,
374
00:25:59,808 --> 00:26:02,102
"They made the marks."
Ted Bundy's teeth made the marks.
375
00:26:02,185 --> 00:26:03,937
Would you testify in the same way today?
376
00:26:04,020 --> 00:26:05,230
In a heartbeat.
377
00:26:05,313 --> 00:26:07,433
- Even with the uncertainties associated...
- You bet.
378
00:26:07,482 --> 00:26:11,528
Yes, sir. In that case,
with that kind of a bite, yes, I would.
379
00:26:11,611 --> 00:26:13,697
There were so many teeth
that matched,
380
00:26:13,780 --> 00:26:17,075
plus the uniqueness of the fractures
of his upper front teeth.
381
00:26:17,450 --> 00:26:20,370
Talking about chipped teeth
or unusual bite marks, anything like that,
382
00:26:20,453 --> 00:26:22,622
is gross subjective speculation
383
00:26:22,706 --> 00:26:24,207
masquerading as science.
384
00:26:24,291 --> 00:26:26,835
What we advocate for
is that the research be done,
385
00:26:26,918 --> 00:26:28,461
it's done in a rigorous way,
386
00:26:28,545 --> 00:26:29,545
it's repeated,
387
00:26:29,588 --> 00:26:32,257
and that we know
what the thresholds of the technique are.
388
00:26:32,340 --> 00:26:36,636
Do you all have any special expertise
from dentistry that makes you better
389
00:26:36,720 --> 00:26:38,888
at bite mark examination
than you would be otherwise?
390
00:26:38,972 --> 00:26:43,518
We do have expertise, because we take
bite records on patients all the time.
391
00:26:43,977 --> 00:26:48,398
With bite marks, we know that
there are changes due to temperature...
392
00:26:48,481 --> 00:26:50,775
- [Chris coughs]
- ...gravity, humidity,
393
00:26:50,859 --> 00:26:53,737
and time on a live individual.
394
00:26:53,820 --> 00:26:56,865
Now, on a dead individual,
it's a totally different picture.
395
00:26:59,868 --> 00:27:03,538
Any critic that wants to throw out
bite mark evidence altogether
396
00:27:03,622 --> 00:27:04,956
is making a huge mistake.
397
00:27:05,373 --> 00:27:08,918
Forensic odontology
is accepted worldwide.
398
00:27:30,315 --> 00:27:33,485
Bite mark testimony
was given by Dr. Richard Souviron.
399
00:27:33,568 --> 00:27:36,279
He's an important member of the ABFO
400
00:27:36,363 --> 00:27:39,491
which is the American Board
for Forensic Odontology.
401
00:27:39,574 --> 00:27:41,910
Ted Bundy's teeth
had unique, distinctive features
402
00:27:41,993 --> 00:27:45,622
which were clearly visible
on the bite mark pattern on the victim.
403
00:27:47,374 --> 00:27:51,336
Now in India, a landmark case
where bite mark testimony was used
404
00:27:51,419 --> 00:27:54,130
was the case from Maharashtra
in which I was involved.
405
00:27:54,214 --> 00:27:58,927
A fourteen-year-old girl
was brutally raped and murdered.
406
00:28:02,055 --> 00:28:04,557
There were protests
to hang them immediately.
407
00:28:06,559 --> 00:28:09,771
We need to realize
what are the limitations of a science.
408
00:28:09,854 --> 00:28:15,068
And at the same time realize that it
would be foolish to ignore it completely.
409
00:28:17,779 --> 00:28:20,949
In India, we follow guidelines
from the American Board.
410
00:28:22,367 --> 00:28:24,035
The ABFO guidelines.
411
00:28:26,830 --> 00:28:30,583
[man] The ABFO is the standard-setter
for the world
412
00:28:31,084 --> 00:28:33,086
as far as it comes to bite marks.
413
00:28:34,129 --> 00:28:38,633
They are the ones that say that you have
the educational and practical experience
414
00:28:38,717 --> 00:28:40,176
to be able to do this work.
415
00:28:52,731 --> 00:28:54,858
When I was president of the ABFO,
416
00:28:55,400 --> 00:28:57,610
more exonerations started coming out.
417
00:29:01,197 --> 00:29:04,242
People were starting to think
more research needs to be done.
418
00:29:05,243 --> 00:29:07,370
If we can prove that bite marks work,
419
00:29:07,454 --> 00:29:08,580
then let's do it.
420
00:29:09,956 --> 00:29:11,666
So, we developed a study.
421
00:29:16,755 --> 00:29:19,424
We developed 100 cases,
422
00:29:20,508 --> 00:29:22,802
and those were then sent
to all the diplomates,
423
00:29:22,886 --> 00:29:25,221
every person that's board-certified only,
424
00:29:25,305 --> 00:29:27,307
and they were asked, is it a bite mark,
425
00:29:27,682 --> 00:29:29,267
is it not a bite mark,
426
00:29:29,350 --> 00:29:30,727
or it's suggestive of a bite mark?
427
00:29:30,810 --> 00:29:34,272
We're trying to look at levels
of agreement among diplomates.
428
00:29:35,648 --> 00:29:38,651
I thought,
going into this research project,
429
00:29:38,735 --> 00:29:41,780
that we were going to prove
this first step.
430
00:29:43,323 --> 00:29:45,241
And then the results started to come in.
431
00:29:45,742 --> 00:29:48,203
Some of the cases
are a third of the people say
432
00:29:48,286 --> 00:29:49,996
that is absolutely a bite mark,
433
00:29:50,455 --> 00:29:54,834
a third of the people say
that's absolutely not a bite mark,
434
00:29:54,918 --> 00:29:58,004
and a third of the people say,
well, that's suggestive of a bite mark.
435
00:29:58,671 --> 00:30:00,548
We are the ABFO,
436
00:30:00,632 --> 00:30:02,342
we are the subject matter experts on this,
437
00:30:02,425 --> 00:30:05,094
and we don't even agree
on what a bite mark is.
438
00:30:11,768 --> 00:30:13,853
This is how you do things in real life.
439
00:30:13,937 --> 00:30:15,438
I'm presented a case,
440
00:30:15,855 --> 00:30:19,317
and I'm asked by a police department,
typically,
441
00:30:19,400 --> 00:30:21,361
"Please take a look at this.
Is this a bite mark?"
442
00:30:21,444 --> 00:30:22,737
I'm asked to give an opinion.
443
00:30:23,905 --> 00:30:26,199
I don't think there's a single case
444
00:30:26,658 --> 00:30:29,035
where everybody agrees it is a bite mark.
445
00:30:29,494 --> 00:30:31,246
That's where we get into trouble.
446
00:30:32,622 --> 00:30:33,957
People bruise differently.
447
00:30:34,457 --> 00:30:36,042
You go in and you get your blood taken,
448
00:30:36,125 --> 00:30:38,878
somebody sticks a needle in you.
If you have a bruise afterwards,
449
00:30:38,962 --> 00:30:41,130
the needle was, you know, tiny,
450
00:30:41,214 --> 00:30:42,715
and your bruise is this big.
451
00:30:43,716 --> 00:30:45,552
You're making these comparisons
452
00:30:45,635 --> 00:30:47,846
and, at the end of the day, really,
453
00:30:48,429 --> 00:30:49,806
you're looking at a bruise.
454
00:30:51,766 --> 00:30:55,687
[Eric Lander] The premise of bite mark
evidence is that teeth are unique,
455
00:30:55,770 --> 00:30:59,232
and that when you look at a bite
into human skin,
456
00:30:59,315 --> 00:31:01,276
it records that uniqueness.
457
00:31:03,236 --> 00:31:05,572
There's no evidence for
either of those things.
458
00:31:06,990 --> 00:31:09,742
If you actually look at a bite mark,
it's a mess.
459
00:31:12,078 --> 00:31:15,164
You might be able to tell, oh,
it's a big mouth or a little mouth.
460
00:31:15,248 --> 00:31:17,500
But the whole idea
461
00:31:17,584 --> 00:31:21,546
that you could tell whose mouth that was
based on a bite mark,
462
00:31:21,629 --> 00:31:23,506
that's just total nonsense.
463
00:31:27,802 --> 00:31:29,762
[Dr. Freeman] After our study, I said,
464
00:31:29,846 --> 00:31:33,057
"I'm no longer going to do
bite marks for the prosecution."
465
00:31:41,232 --> 00:31:42,901
It is my responsibility
466
00:31:43,651 --> 00:31:45,028
to look backward and say,
467
00:31:45,111 --> 00:31:48,364
"If I made a mistake,
let me see if I can correct it."
468
00:31:48,448 --> 00:31:50,533
It is my duty to do that.
469
00:31:53,161 --> 00:31:56,289
[Dr. Souviron]
There have been some egregious mistakes
470
00:31:56,372 --> 00:31:58,041
with forensic dentistry.
471
00:32:00,877 --> 00:32:02,128
In the Bundy era,
472
00:32:02,670 --> 00:32:05,757
we were able to say,
"His teeth left this bite mark,
473
00:32:05,840 --> 00:32:07,842
to a reasonable degree of certainty,"
474
00:32:07,926 --> 00:32:09,385
or, "Indeed and without doubt."
475
00:32:10,553 --> 00:32:12,639
And that's backfired in a lot of cases.
476
00:32:13,264 --> 00:32:14,432
As you can see,
477
00:32:14,933 --> 00:32:18,853
these are all boxes with models
of bite mark cases.
478
00:32:19,938 --> 00:32:23,191
If this gives you
any idea of the volume...
479
00:32:23,983 --> 00:32:27,528
I mean, I'm impressed myself.
These are... These are three deep.
480
00:32:29,739 --> 00:32:32,158
Since the Bundy case,
I have been asked
481
00:32:32,241 --> 00:32:34,535
to go back
and look at old bite mark cases.
482
00:32:36,120 --> 00:32:38,623
In this case in Boston,
I have some records,
483
00:32:38,706 --> 00:32:40,291
so the attorneys called me.
484
00:32:42,877 --> 00:32:46,381
He said,
"Well, since you testified in 1983,
485
00:32:46,464 --> 00:32:49,801
why don't you re-evaluate the evidence?"
486
00:32:55,974 --> 00:32:58,351
There was a conviction. He's done,
487
00:32:58,434 --> 00:33:03,272
I guess, 35 years now on... in prison.
488
00:33:04,482 --> 00:33:07,026
My testimony at the trial was that
489
00:33:07,110 --> 00:33:09,946
these teeth fit into the impression
490
00:33:10,029 --> 00:33:11,948
to a reasonable degree of certainty.
491
00:33:14,242 --> 00:33:16,995
They want to know if my testimony today
492
00:33:17,078 --> 00:33:19,998
is going to be identical
to what it was in 1983.
493
00:33:20,081 --> 00:33:21,290
And it's not.
494
00:33:21,374 --> 00:33:23,418
I can tell you,
it's not going to be the same.
495
00:33:23,501 --> 00:33:27,380
In 1983, I didn't have the experience
that I have 35 years later.
496
00:33:32,260 --> 00:33:36,014
I've become a lot more conservative
in my opinions now.
497
00:33:37,640 --> 00:33:40,476
"We can't eliminate this person."
That's what we say today.
498
00:33:46,274 --> 00:33:48,693
I hope they have a lot more than just this
499
00:33:49,110 --> 00:33:52,989
for convicting a guy, putting him in jail
for the rest of his life.
500
00:34:01,247 --> 00:34:05,084
[Peter] People were sentenced to death
as a result of these screw-ups,
501
00:34:05,668 --> 00:34:08,838
and what the forensic dentists need to do,
502
00:34:09,630 --> 00:34:14,052
they have a moral and ethical obligation
to go back and look at all those cases
503
00:34:14,135 --> 00:34:16,304
to see if there aren't
more innocent people.
504
00:34:17,805 --> 00:34:19,245
[man] We're now going back on record
505
00:34:19,307 --> 00:34:21,267
- with tape number two.
- [man 2] Okay.
506
00:34:21,350 --> 00:34:24,771
I'm going to go through some of these
really quickly, with the same question.
507
00:34:24,854 --> 00:34:27,690
The State of Mississippi
vs. Donnie Silcox...
508
00:34:27,774 --> 00:34:29,150
Don't remember that one.
509
00:34:29,650 --> 00:34:31,152
William Giles Jr?
510
00:34:31,235 --> 00:34:32,987
Do you remember that?
Wound pattern case?
511
00:34:33,071 --> 00:34:34,447
- [Dr. West grunts]
- No?
512
00:34:34,530 --> 00:34:37,408
Stacey Lynn Waltman? State of Mississippi
vs. Stacey Lynn Waltman?
513
00:34:37,492 --> 00:34:39,786
You remember that case?
It's a bite mark case.
514
00:34:39,869 --> 00:34:41,579
State versus Charles Ralph David?
515
00:34:41,662 --> 00:34:44,957
It's a bite mark ultraviolet case,
do you remember anything about that case?
516
00:34:45,041 --> 00:34:46,042
[Dr. West stutters]
517
00:34:46,125 --> 00:34:47,376
I'm sorry. I've...
518
00:34:50,088 --> 00:34:53,049
You know, you've seen one dead girl
with bites on 'em, you've seen 'em all.
519
00:34:53,132 --> 00:34:54,425
- Is that right?
- Yeah.
520
00:34:54,509 --> 00:34:55,968
Was that a dead girl case?
521
00:34:56,052 --> 00:34:57,637
- I have no idea.
- Oh, you don't know?
522
00:34:57,720 --> 00:34:59,180
- I was just...
- Okay.
523
00:35:00,014 --> 00:35:03,142
Are you on any medication
that makes it difficult to remember,
524
00:35:03,226 --> 00:35:04,393
or are you...
525
00:35:04,477 --> 00:35:06,020
- Yes.
- What medication is it?
526
00:35:06,104 --> 00:35:07,814
- High Life.
- High Life?
527
00:35:07,897 --> 00:35:09,440
- Miller High Life.
- Miller High Life?
528
00:35:09,524 --> 00:35:10,358
- Okay.
- Yes.
529
00:35:10,441 --> 00:35:13,801
- And that makes it difficult to remember...
- Oh, you can forget all sorts of stuff.
530
00:35:20,743 --> 00:35:23,246
[music plays inside]
531
00:35:31,504 --> 00:35:34,757
[Dr. West] This is Nick's Ice House.
It's a legend in Hattiesburg.
532
00:35:36,342 --> 00:35:40,263
This is a place where people can come
and not be bothered.
533
00:35:42,515 --> 00:35:45,101
Everybody leaves
everybody else's business alone.
534
00:35:45,810 --> 00:35:48,354
This is our retreat. It's our clubhouse.
535
00:35:50,356 --> 00:35:52,859
And this bar is a repository
536
00:35:52,942 --> 00:35:56,696
for all the old signs
and businesses that have closed.
537
00:35:57,155 --> 00:35:59,031
West DDS, that's me.
538
00:36:00,199 --> 00:36:03,286
[music continues]
539
00:36:07,415 --> 00:36:09,250
My last testimony in court,
540
00:36:09,834 --> 00:36:13,254
I had to go to Columbus, Mississippi
for a post-conviction hearing.
541
00:36:15,089 --> 00:36:18,217
[yelling] Can we turn that shit down
for just a minute?
542
00:36:21,387 --> 00:36:23,264
- [music stops]
- Thank you very much.
543
00:36:24,515 --> 00:36:29,103
I left the courtroom, went outside,
sat down on the bench, got me a cigarette.
544
00:36:30,313 --> 00:36:32,356
Well, here comes Peter Neufeld,
545
00:36:32,440 --> 00:36:34,317
the founder of the Innocence Project,
546
00:36:34,400 --> 00:36:37,028
a man that I despise
and have no respect for.
547
00:36:38,237 --> 00:36:40,656
He walks up to me
while I'm sitting on the bench,
548
00:36:41,199 --> 00:36:43,868
smoking a cigarette,
and he extends his hand, he says,
549
00:36:43,951 --> 00:36:46,329
"Dr. West, I'm Peter Neufeld.
We've never met."
550
00:36:47,496 --> 00:36:51,125
You couldn't use a D9 'dozer
to move my hand to shake his.
551
00:36:51,209 --> 00:36:52,668
I just ain't going to do it.
552
00:36:53,127 --> 00:36:54,295
Well, that pissed him off.
553
00:36:54,712 --> 00:36:57,757
So he turned and he walked
about three or four steps,
554
00:36:58,424 --> 00:37:01,427
there's about a dozen of his assistants
and other attorneys.
555
00:37:01,510 --> 00:37:02,678
I said, "Hey, hold on!"
556
00:37:03,429 --> 00:37:05,640
He stopped and he turned around,
and I said,
557
00:37:06,140 --> 00:37:10,686
"Look, don't forget, take some time out
this afternoon and go fuck yourself."
558
00:37:21,155 --> 00:37:23,449
[Chris] It just takes one bad scientist
559
00:37:23,532 --> 00:37:25,368
and the whole system gets it wrong.
560
00:37:26,327 --> 00:37:29,080
We need to demonstrate
over and over again
561
00:37:29,163 --> 00:37:30,414
just how unreliable it is.
562
00:37:31,499 --> 00:37:33,668
Something new
that we recently learned about,
563
00:37:33,751 --> 00:37:36,963
apparently a false confession case
that was brought home
564
00:37:37,588 --> 00:37:39,048
with bite mark evidence.
565
00:37:39,131 --> 00:37:42,134
I think it's a single tooth mark
on a finger.
566
00:37:42,718 --> 00:37:45,221
It's not going to go away
until we make it go away.
567
00:37:54,313 --> 00:37:58,067
[Keith] The Innocence Project
kept bugging Newport News
568
00:37:58,818 --> 00:38:00,861
about any kind of evidence.
569
00:38:12,957 --> 00:38:17,003
[Chris] One of our fellows called
the local court in Newport News, Virginia,
570
00:38:17,086 --> 00:38:19,672
to see whether or not
any of the evidence still existed.
571
00:38:19,755 --> 00:38:22,550
He got on the phone, he called,
and a court officer picked up.
572
00:38:22,633 --> 00:38:26,804
"Yeah, there's a box right here.
Says 'Keith Harward' on it," right?
573
00:38:26,887 --> 00:38:30,057
"Is this what you're interested in?"
"Yes! Yes! Hold on to that!"
574
00:38:31,517 --> 00:38:33,853
There was DNA all over the scene.
575
00:38:33,978 --> 00:38:37,773
There was DNA from a diaper
that was used to cover the victim's face.
576
00:38:37,857 --> 00:38:39,066
There was a rape kit.
577
00:38:43,446 --> 00:38:46,615
Keith Harward spent
33 years of his life in prison,
578
00:38:47,616 --> 00:38:50,161
and all this evidence
was sitting right there all along.
579
00:39:00,796 --> 00:39:03,758
[Olga Akselrod] On average,
Innocence Project cases
580
00:39:03,841 --> 00:39:07,678
take about five years
from the time we initially open it
581
00:39:08,637 --> 00:39:10,514
to the time of exoneration.
582
00:39:13,100 --> 00:39:17,146
You never know
until you get the DNA test results
583
00:39:17,229 --> 00:39:18,564
what's going to happen.
584
00:39:22,068 --> 00:39:24,737
[Keith]
They found a lab that would do the DNA,
585
00:39:24,820 --> 00:39:25,820
sent it off.
586
00:39:26,489 --> 00:39:27,489
They get it back.
587
00:39:28,157 --> 00:39:29,367
I've been excluded.
588
00:39:31,160 --> 00:39:33,162
I knew it, you know, I... [chuckles]
589
00:39:33,245 --> 00:39:35,365
You're telling me something
I already know. Thank you.
590
00:39:36,665 --> 00:39:38,667
[Chris]
After we got the results of the DNA,
591
00:39:38,751 --> 00:39:42,296
the next step was to to do a CODIS search
and solve the crime.
592
00:39:44,507 --> 00:39:47,426
[Olga] They ran the profile through
the DNA data bank,
593
00:39:47,968 --> 00:39:51,806
and that's when it hits to Jerry Crotty.
594
00:39:54,141 --> 00:39:57,061
[Frank] Jerry Crotty was a sailor
on the Carl Vinson.
595
00:39:58,771 --> 00:40:01,565
And he was in and out of prison
for most of his life
596
00:40:01,649 --> 00:40:02,983
up until the time he died.
597
00:40:10,449 --> 00:40:13,035
[Keith] You've heard people say,
"Oh, he got away with murder."
598
00:40:13,119 --> 00:40:14,745
This guy actually did.
599
00:40:17,248 --> 00:40:19,041
Forget about me being a victim.
600
00:40:21,001 --> 00:40:23,838
The poor woman,
she found out that the monster,
601
00:40:24,588 --> 00:40:26,507
me, was not the monster.
602
00:40:50,739 --> 00:40:52,450
[Teresa] I've never seen a picture of him.
603
00:40:54,702 --> 00:40:55,702
[sighs]
604
00:41:00,166 --> 00:41:01,375
It's scary.
605
00:41:14,346 --> 00:41:17,683
He don't look anything like the guy
that they put behind bars.
606
00:41:18,934 --> 00:41:20,060
And it's not fair.
607
00:41:20,478 --> 00:41:21,479
It's really not.
608
00:41:24,440 --> 00:41:27,193
[man] When the criminal justice system
gets it wrong,
609
00:41:28,360 --> 00:41:30,488
when it fails to deliver justice,
610
00:41:31,030 --> 00:41:32,364
we have to say so.
611
00:41:33,240 --> 00:41:35,826
In this case,
the Commonwealth got it wrong.
612
00:41:36,535 --> 00:41:39,580
[Frank] I've covered a number
of wrongful convictions.
613
00:41:40,372 --> 00:41:43,167
Normally, it goes at a snail's pace.
614
00:41:43,584 --> 00:41:44,919
This case, however,
615
00:41:45,503 --> 00:41:48,714
once the Attorney General saw
there'd been a cold hit,
616
00:41:48,797 --> 00:41:51,383
he very quickly called a press conference
617
00:41:51,884 --> 00:41:54,094
and asked the Virginia Supreme Court
618
00:41:54,178 --> 00:41:57,264
to let this man out of prison
and clear his name.
619
00:42:04,146 --> 00:42:05,814
[Keith] I was sitting in my cell
620
00:42:05,898 --> 00:42:08,609
when they shook the door and said,
"They want you in Medical."
621
00:42:11,946 --> 00:42:14,782
So, the guard came over
and took the handcuffs off of me.
622
00:42:15,616 --> 00:42:18,410
He says, "Come with me,"
so we walked out and turned left,
623
00:42:18,494 --> 00:42:20,621
and I cross that red line.
624
00:42:21,372 --> 00:42:23,332
You cross the red line, you get shot.
625
00:42:23,916 --> 00:42:24,959
I didn't get shot.
626
00:42:26,627 --> 00:42:29,964
They put me in this conference room,
and the warden walked in,
627
00:42:30,047 --> 00:42:32,967
reached over and shook my hand and said,
"Mr. Harward, you're a free man."
628
00:42:33,008 --> 00:42:37,304
He says, "I can't let you back into prison
because you're a security risk to me.
629
00:42:37,388 --> 00:42:38,514
You're a free man now."
630
00:42:39,265 --> 00:42:41,058
[camera shutters click]
631
00:42:52,403 --> 00:42:55,465
- [man] Do you have any words for us, sir?
- My attorney's going to speak first,
632
00:42:55,489 --> 00:42:58,492
and then,
if I don't pass out or wet myself,
633
00:42:58,576 --> 00:43:00,452
- I may have a few things to say.
- [laughs]
634
00:43:00,536 --> 00:43:02,705
Now, if any of y'all,
later on in a couple weeks,
635
00:43:02,788 --> 00:43:04,748
once I get a chance to have a breath,
636
00:43:04,832 --> 00:43:06,667
y'all want to call me,
637
00:43:07,543 --> 00:43:09,503
talk to me or have me come up,
638
00:43:09,587 --> 00:43:11,130
put me up in the Marriott or whatever,
639
00:43:11,213 --> 00:43:14,800
and sit down
and discuss prisons and parole,
640
00:43:14,883 --> 00:43:17,094
because I can give you
firsthand facts on this stuff,
641
00:43:17,177 --> 00:43:19,179
'cause I lived it for 33 years.
642
00:43:19,263 --> 00:43:21,181
Sir, is this the happiest day
of your life?
643
00:43:21,265 --> 00:43:22,474
Probably so.
644
00:43:22,558 --> 00:43:25,311
It would be overwhelming
if my parents were here, but...
645
00:43:26,312 --> 00:43:27,312
[Keith exhales]
646
00:43:28,480 --> 00:43:29,732
I mean, wouldn't you be?
647
00:43:30,649 --> 00:43:32,234
You see, I'll be able to grow a beard.
648
00:43:32,318 --> 00:43:34,361
- In there, I can't do that.
- [laughter]
649
00:43:34,445 --> 00:43:37,948
You've got a fine beard there.
I can grow me one now if I want to.
650
00:43:49,168 --> 00:43:50,461
I grew up in the country.
651
00:43:51,211 --> 00:43:55,341
I lived on a lake, and I would fish
almost every day that I could.
652
00:43:55,424 --> 00:43:57,843
I loved to be out there on the water
and just fishing.
653
00:43:59,762 --> 00:44:03,557
I rode my bicycle everywhere,
played in the woods, hunted.
654
00:44:05,184 --> 00:44:06,184
And I missed it.
655
00:44:07,936 --> 00:44:09,897
Mowing the yard, raking leaves,
656
00:44:10,606 --> 00:44:11,857
just goofing around.
657
00:44:23,202 --> 00:44:25,371
Going to have some
for the small birds, too.
658
00:44:27,498 --> 00:44:30,209
A little smorgasbord of food
for the birds.
659
00:44:31,669 --> 00:44:35,255
Last time I cut my hair, I was in prison.
In prison, you can't have long hair.
660
00:44:35,631 --> 00:44:37,675
- And it's almost as long as hers.
- [chuckles]
661
00:44:38,092 --> 00:44:39,292
[Mary] I help him out, though.
662
00:44:39,343 --> 00:44:40,594
- Yeah.
- I trim it up.
663
00:44:40,678 --> 00:44:43,764
- Right, she trims...
- Keeps his mustache trimmed and stuff,
664
00:44:43,847 --> 00:44:45,432
so you can see his lips.
665
00:44:45,516 --> 00:44:48,560
And one day I'll shave it all off,
start over from scratch.
666
00:44:49,186 --> 00:44:50,187
Uh...
667
00:44:50,270 --> 00:44:51,522
If I want to.
668
00:44:57,319 --> 00:45:00,572
The State of Virginia offered me
a compensation package.
669
00:45:01,031 --> 00:45:04,243
$1.55 million is what they gave me.
670
00:45:06,036 --> 00:45:07,830
This is my little Honda Civic.
671
00:45:08,330 --> 00:45:10,958
I put mag wheels on her,
she's got little mags.
672
00:45:11,041 --> 00:45:13,001
My tractor, my little riding mower,
673
00:45:13,085 --> 00:45:15,671
my little mini bike,
I got a little Honda mini bike.
674
00:45:17,798 --> 00:45:20,134
Where we're going to start it
would be here,
675
00:45:20,217 --> 00:45:22,261
and where we want to end up is...
676
00:45:23,095 --> 00:45:26,223
Idaho Falls right there,
so we've got to go from here to there.
677
00:45:26,640 --> 00:45:27,891
Let me just see the map.
678
00:45:28,600 --> 00:45:30,200
[Mary] He had talked about it all along,
679
00:45:30,269 --> 00:45:32,855
that that was one of the things
that he wanted to do,
680
00:45:32,938 --> 00:45:35,441
going across country in his bus.
681
00:45:36,817 --> 00:45:38,986
[Keith] There it is, that's Tater Blue.
682
00:45:39,069 --> 00:45:41,238
Mary's the one that came up with the name.
683
00:45:41,697 --> 00:45:44,366
My nickname in prison was Tater,
684
00:45:44,950 --> 00:45:48,370
because it originally started out
as Couch Potato,
685
00:45:48,454 --> 00:45:50,581
because when I first got locked up,
I kept to myself,
686
00:45:50,664 --> 00:45:51,749
I stayed in my cell.
687
00:45:53,041 --> 00:45:55,878
And over the years,
it got cut down to Tater.
688
00:45:57,337 --> 00:45:59,757
So I figured if I put Tater Blue on it,
689
00:45:59,840 --> 00:46:02,676
one out of 100 say,
"Why Tater?" and I say,
690
00:46:02,760 --> 00:46:04,636
"Sit down, let me tell you a story."
691
00:46:05,971 --> 00:46:09,850
That's my job now, is to tell people
my story about wrongful convictions.
692
00:46:12,478 --> 00:46:16,148
They're still doing bite mark cases,
and this stuff should not be allowed.
693
00:46:16,690 --> 00:46:17,858
This should not go on.
694
00:46:19,943 --> 00:46:23,280
If there's a bite mark case
that they're trying to allow,
695
00:46:23,363 --> 00:46:25,324
I will show up and tell them,
696
00:46:25,407 --> 00:46:27,826
"No." I will stand out front
with a placard
697
00:46:27,910 --> 00:46:29,411
and say, "This stuff's junk."
698
00:46:29,495 --> 00:46:32,706
Maybe I can catch one juror
before these odontologists come in
699
00:46:32,790 --> 00:46:34,541
with all their smoke and mirrors.
700
00:46:50,724 --> 00:46:53,519
[bell tolls]
701
00:46:56,480 --> 00:46:58,680
- Hi, fine to meet you.
- Nice to finally meet you, too.
702
00:46:58,732 --> 00:47:00,651
- You doing alright?
- So far, so good.
703
00:47:00,734 --> 00:47:01,902
Welcome to Richmond.
704
00:47:03,278 --> 00:47:05,823
Now, look, today,
you're going to have about five minutes
705
00:47:05,906 --> 00:47:07,699
to tell that compelling story to a panel.
706
00:47:08,826 --> 00:47:11,703
You're going to have to convince
15 senators
707
00:47:11,787 --> 00:47:13,789
that this bill's worthy
to get to that floor
708
00:47:13,872 --> 00:47:15,749
and get voted on in three days, okay?
709
00:47:24,341 --> 00:47:26,802
[Keith] Thank you, ladies and gentlemen.
Please excuse me.
710
00:47:27,553 --> 00:47:30,556
Half my life, I was a convict. Still am,
711
00:47:30,639 --> 00:47:34,768
I'll never shake my being from that.
That's something you just can't get past.
712
00:47:35,561 --> 00:47:40,440
If it wouldn't have been for DNA,
I would still be inmate 1125797.
713
00:47:40,524 --> 00:47:42,526
I'll remember that number
the rest of my life.
714
00:47:43,068 --> 00:47:44,695
I believe, in my heart of hearts,
715
00:47:44,778 --> 00:47:47,906
if you go out to all three corners
of the state of Virginia,
716
00:47:47,990 --> 00:47:49,783
and speak to the citizens,
717
00:47:49,867 --> 00:47:51,952
explain to them we're going to pass a bill
718
00:47:52,035 --> 00:47:55,706
that will allow people who were
convicted behind junk science
719
00:47:55,789 --> 00:47:59,668
to have a law that will help them
get themselves back into court,
720
00:47:59,751 --> 00:48:02,379
they would say,
"There's not a law already?"
721
00:48:02,838 --> 00:48:04,089
It's just that simple.
722
00:48:04,965 --> 00:48:07,593
I think the people of Virginia deserve it.
723
00:48:08,635 --> 00:48:09,720
I deserve it.
724
00:48:11,096 --> 00:48:13,140
It's just not right. It's not right,
725
00:48:13,223 --> 00:48:16,101
and if you don't understand
what this bill is about,
726
00:48:16,768 --> 00:48:18,645
then I'm sorry for you.
727
00:48:18,729 --> 00:48:19,855
If you oppose it,
728
00:48:20,689 --> 00:48:21,815
you should be ashamed.
729
00:48:22,733 --> 00:48:23,733
Ashamed.
730
00:48:24,318 --> 00:48:25,152
Thank you.
731
00:48:25,235 --> 00:48:26,528
- Senator Lucas?
- Aye.
732
00:48:26,612 --> 00:48:27,696
- Senator Edwards?
- Aye.
733
00:48:27,779 --> 00:48:29,615
- Senator McDougle?
- Aye.
734
00:48:29,698 --> 00:48:30,991
- Senator Stuart?
- Aye.
735
00:48:32,034 --> 00:48:34,202
- So what does this mean?
- It goes on to Finance.
736
00:48:34,286 --> 00:48:36,931
It's the first step in the journey
to get it to the floor of the Senate.
737
00:48:36,955 --> 00:48:39,225
So we expect it probably
on the floor of the Senate next week.
738
00:48:39,249 --> 00:48:40,249
Outstanding.
739
00:48:43,420 --> 00:48:44,463
I enjoyed that.
740
00:48:46,173 --> 00:48:47,173
Outstanding.
741
00:48:48,717 --> 00:48:50,510
Been there, done that, many times.
742
00:48:56,350 --> 00:48:59,245
- [Senator] I rise for an introduction.
- [man 2] The senator has the floor.
743
00:48:59,269 --> 00:49:00,520
Thank you, Mr. President.
744
00:49:00,604 --> 00:49:02,444
Members of the Senate
and those in the gallery,
745
00:49:02,481 --> 00:49:04,274
I would direct your attention
to our gallery,
746
00:49:04,358 --> 00:49:06,151
where we have
a very important person
747
00:49:06,234 --> 00:49:07,903
sitting here and observing us today.
748
00:49:08,320 --> 00:49:11,365
And this is a person
who has had a great injustice
749
00:49:11,949 --> 00:49:14,785
brought upon him
by the Commonwealth of Virginia,
750
00:49:14,868 --> 00:49:18,622
who spent 33 years in prison
751
00:49:18,705 --> 00:49:20,207
for a crime he did not commit.
752
00:49:20,707 --> 00:49:24,294
Mr. Harward has spent his time
since his release
753
00:49:24,836 --> 00:49:27,756
making sure that those who are innocent
754
00:49:27,839 --> 00:49:29,383
are not wrongfully convicted.
755
00:49:29,925 --> 00:49:34,304
So for those reasons, I ask that you look
upon Mr. Keith Allen Harward
756
00:49:34,721 --> 00:49:36,932
with admiration and recognition,
757
00:49:37,891 --> 00:49:40,811
and accept our apology
from the Commonwealth of Virginia
758
00:49:40,894 --> 00:49:42,646
for being wrongfully convicted
759
00:49:42,729 --> 00:49:45,065
and for that 33-year loss of liberty.
760
00:49:45,148 --> 00:49:50,028
Mr. President, I ask that you extend
the warmest of welcome
761
00:49:50,112 --> 00:49:52,239
to Keith Allen Harward.
762
00:49:52,698 --> 00:49:56,535
Would Mr. Keith Allen Harward please rise
to the gallery, if you are able?
763
00:49:58,078 --> 00:49:59,538
I would ask everyone to join me
764
00:49:59,621 --> 00:50:03,333
in extending the warmest welcome
of the Senate to Mr. Keith Allen Harward.
765
00:50:03,417 --> 00:50:05,419
[applause]
766
00:50:53,800 --> 00:50:56,511
- [man] Could I have your name?
- [Gloria] Gloria Williams.
767
00:50:57,637 --> 00:51:00,182
All right, and the name on the monument?
768
00:51:00,766 --> 00:51:01,641
Levon.
769
00:51:01,725 --> 00:51:03,810
- Spell that for me, please?
- L-E-V-O-N.
770
00:51:03,894 --> 00:51:04,936
L-E-V-O-N.
771
00:51:05,520 --> 00:51:06,520
[Gloria] Brooks.
772
00:51:06,855 --> 00:51:08,190
[man] And date of death?
773
00:51:08,607 --> 00:51:11,276
Um, January 26th,
774
00:51:12,611 --> 00:51:14,488
2018.
775
00:51:23,705 --> 00:51:25,332
I think he's going to like this.
776
00:51:34,549 --> 00:51:37,844
He's gonna like it 'cause I like it.
[laughs]
777
00:51:38,345 --> 00:51:40,305
I think he's gonna smile down on me.
778
00:52:10,710 --> 00:52:13,088
- Levon would like a day like today.
- He would.
779
00:52:13,171 --> 00:52:14,631
- Every day.
- Every day.
780
00:52:20,053 --> 00:52:21,680
- Good to see you.
- Oh, yeah.
781
00:52:21,763 --> 00:52:23,181
[laughing]
782
00:52:26,184 --> 00:52:28,770
[quiet chatter]
783
00:52:30,605 --> 00:52:32,315
- [Peter] Hello.
- [Gloria] Hey, Peter!
784
00:52:32,899 --> 00:52:34,442
I want a good hello.
785
00:52:34,526 --> 00:52:36,361
- How you doing, ma'am?
- I'm good.
786
00:52:36,444 --> 00:52:39,573
- [Peter] You got the whole crew?
- [Gloria] Yes, the whole crew is out here.
787
00:52:39,656 --> 00:52:41,801
- [Peter] That's wonderful.
- [Gloria] You remember Mama?
788
00:52:41,825 --> 00:52:42,825
I do.
789
00:52:43,410 --> 00:52:45,078
- Hi. Peter.
- This is my son.
790
00:52:45,537 --> 00:52:46,537
Hey.
791
00:52:48,957 --> 00:52:51,543
We was wrong,
and I don't know how we could have...
792
00:52:51,960 --> 00:52:53,420
- been so foolish.
- I know.
793
00:52:53,503 --> 00:52:55,213
- But we were.
- It's not fair. Yeah.
794
00:53:00,760 --> 00:53:03,180
[man]
"I will lift mine eyes unto the hills
795
00:53:03,263 --> 00:53:05,265
from whence cometh my help.
796
00:53:05,348 --> 00:53:07,601
My help come from the Lord.
797
00:53:07,684 --> 00:53:10,020
The Lord is thy keeper.
798
00:53:10,103 --> 00:53:13,398
The Lord is thy shade upon thy right hand.
799
00:53:14,316 --> 00:53:17,819
The sun shall not smite thee by day,
800
00:53:17,903 --> 00:53:19,821
nor the moon by night.
801
00:53:20,238 --> 00:53:22,991
The Lord shall preserve thee
802
00:53:23,617 --> 00:53:24,993
from all evil.
803
00:53:25,619 --> 00:53:28,622
He shall preserve thy soul.
804
00:53:28,705 --> 00:53:31,416
The Lord shall preserve thy going out
805
00:53:31,499 --> 00:53:33,793
and the Lord shall preserve thy coming in,
806
00:53:33,877 --> 00:53:35,503
from this day forward
807
00:53:35,587 --> 00:53:38,048
and forevermore. Amen."
808
00:53:38,131 --> 00:53:39,341
[all] Amen.
809
00:53:41,676 --> 00:53:45,263
[Peter] The day comes when you
walk somebody into freedom, and...
810
00:53:45,680 --> 00:53:47,349
you are bonded for life.
811
00:53:49,184 --> 00:53:51,186
Levon and Kenny are family.
812
00:53:55,315 --> 00:53:59,236
He was locked up for 18 years
and only had ten years to live after that.
813
00:54:01,696 --> 00:54:03,031
It's not fair.
814
00:54:03,114 --> 00:54:04,282
It's much too short.
815
00:54:04,699 --> 00:54:08,787
[minister] By God, we ask you, God,
to go along with those that came...
816
00:54:08,870 --> 00:54:13,124
[Peter] To change people's
hearts and minds about criminal justice,
817
00:54:13,208 --> 00:54:16,086
people really have to care more
about accuracy
818
00:54:16,628 --> 00:54:20,465
and reliability
than they care about retribution.
819
00:54:26,179 --> 00:54:29,432
We want to try and set aside
all of our preconceived notions
820
00:54:29,516 --> 00:54:32,394
about what kind of person is innocent
821
00:54:32,727 --> 00:54:34,437
and what kind of person is guilty
822
00:54:35,230 --> 00:54:36,439
to make it less likely
823
00:54:36,523 --> 00:54:39,359
that innocent people
will be convicted in the future.
824
00:54:44,447 --> 00:54:45,532
Levon died,
825
00:54:46,116 --> 00:54:48,034
but his story lives on.
826
00:55:46,176 --> 00:55:50,221
[woman] 62-year-old Gary Cifizzari
walking out of court a free man
827
00:55:50,305 --> 00:55:52,932
for the first time in 35 years.
828
00:56:04,194 --> 00:56:07,655
There's a death penalty case
in Pennsylvania that's going on now,
829
00:56:07,739 --> 00:56:10,992
and the judge is going to allow
bite mark evidence.
830
00:56:11,701 --> 00:56:15,914
How many people have to be
wrongly convicted before they realize
831
00:56:16,581 --> 00:56:18,541
that this stuff's all bogus?
832
00:56:45,026 --> 00:56:46,986
[closing theme music playing]