For The Innocent Podcast - Legal Talk Network

Evidence Preservation: Who’s Responsible and What Happens When It’s Lost or Destroyed

Ally Kvidt — Thu, 26 Sep 2024 11:00:13 +0000

At the moment of conviction, the incentive to safeguard evidence diminishes in the eyes of the Criminal Justice System. That’s why it is critically important to act quickly to ensure evidence remains available for future appeals. Without it, your fight for freedom could be over before it even begins. In this episode, host Michael Semanchik is joined by Raquel Barilla, former Staff Attorney and Volunteer Coordinator at the California Innocence Project; Alissa Bjerkhoel, former Litigation Coordinator at the California Innocence Project; and Alex Simpson, former Associate Director and Resident Expert for Evidence Preservation at the California Innocence Project. Together, they discuss methods for preserving evidence. Tune in to learn what to do if the unthinkable happens.

The Luis Vargas Story: Misidentified as the “Teardrop Rapist”

Ally Kvidt — Thu, 12 Sep 2024 11:00:45 +0000

Luis Vargas was wrongfully convicted after three separate witnesses misidentified him as the “Teardrop Rapist.” Sixteen years later, DNA linked to the uncaught serial sex offender was found in one of the victim’s clothing from the crime. But for that evidence being preserved, Luis Vargas would have spent the rest of his life behind bars. This is his story.

Eyewitness Misidentifications

Ally Kvidt — Thu, 29 Aug 2024 11:00:43 +0000

In the first 325 DNA exonerations, false identification accounted for 72% of the wrongful convictions. But how is that possible? The simplest explanation is that we are not as good at identifying each other as we think. Add to that a frightening encounter with someone of a different race with no time for the mind to process and you have the perfect formula for getting it all wrong.

Host Michael Semanchik sits down with retired Los Angeles Detective Greg McKnight, Distinguished Professor of Psychology John Wixted, and California Innocence Project Founder Justin Books to discuss the science of misidentifications and why so many people who were so sure got it so wrong.

The Guy Miles Story: How Flawed Eyewitness Identification Led to 18 Years in Prison

Ally Kvidt — Thu, 15 Aug 2024 11:00:01 +0000

Guy Miles was wrongfully convicted after being misidentified by an eyewitness during a robbery investigation in Orange County, California. Although he had once been involved in gangs during his youth, he left that life behind and moved to Nevada for a fresh start. Unfortunately, his past followed him when his photo was included in a “six-pack lineup.” An eyewitness mistakenly identified him as one of the perpetrators, which ultimately led to a life sentence.

It would take a random speeding ticket, admissions from the true criminals, DNA evidence, a recanting investigator, 18 years in prison, and a “Dark Plea” deal to finally set him free. Tune in to hear this harrowing real-life account of wrongful incarceration from the man who lived through it.

Dark Pleas: Trading Innocence for Freedom in Post Conviction Deals

Ally Kvidt — Thu, 01 Aug 2024 11:00:53 +0000

Imagine being in prison for decades. You’ve been fighting your appeal for many years. Your lawyer believes you’ll get a new trial but there is no guarantee that you’ll win your freedom. Suddenly, the prosecution offers a plea deal. You can go free but there’s a catch… You have to admit you’re guilty.

Angela’s Story: A Dark Plea in Exchange for Freedom

Ally Kvidt — Thu, 18 Jul 2024 11:00:14 +0000

On November 20th 1999, Angela Garcia’s home caught on fire. Surprised and crawling in the dark, she was not able to find her children before the blaze forced her to jump out of a 2nd floor window. She ran to get help but tragically her children would die before anyone could reach them. The State wrongfully accused and convicted her of arson and murdering her family. After nearly 20 years in prison, the prosecution’s case began to fall apart for lack of evidence. A “dark plea” was offered to Angela in May of 2016. If she accepted, she would be released from incarceration in 5 years. But there was a catch, she would have to admit to guilt. What would you do? This is her story.

Plea Deals: Why Innocent People Give Up and Go to Prison

Ally Kvidt — Thu, 20 Jun 2024 11:00:43 +0000

Plea deals are necessary to fight crime. Without them, our criminal justice system would grind to a halt, and the bad guys would run free. The downside is that plea deals can ensnare innocent people. Even more scary, once you admit to a crime you didn’t commit, it can take decades to get you out of prison. So why would anyone plead guilty to something they didn’t do? Tune in to hear why with host Michael Semanchik and special guests Justin Brooks, founder of the California Innocence Project, and former Los Angeles County Prosecutor Wayne Little.

Marilyn’s Story: A Plea Deal Turned Deadly

Ally Kvidt — Thu, 06 Jun 2024 11:00:53 +0000

Marilyn Mulero was wrongfully suspected of a Chicago gang murder in 1992. Naive to the criminal justice system, she was frightened into signing a statement by threats of the death penalty from law enforcement. Failing to adequately investigate the case, her attorney pressured Marilyn into making a risky blind plea deal with the court. That gamble turned into the death penalty. This is her story.

Junk Science – Undoing the Damage

Ally Kvidt — Thu, 23 May 2024 11:00:55 +0000

In our history of criminal prosecutions, some types of evidence ended up being unreliable. Forensic sciences like bite-mark identification, arson investigations, and shaken baby syndrome sent many innocent people to prison. So where does that leave us? How do we make it right?

Lindsay Herf, executive director for the Arizona Justice Project joins host Michael Semanchik to discuss junk science and ways to protect innocent people.

Junk Science – Shaken Baby Syndrome

Ally Kvidt — Thu, 09 May 2024 11:00:03 +0000

In the 1980s and 1990s, Shaken Baby Syndrome (SBS) was a popular medical theory used to arrest and convict innocent parents of fatally abusing their children. Unknown at the time, this theory was severely scientifically flawed. Unfortunately, erroneous data collection led experts to believe certain brain injuries in children could only be the result of abusive shaking. What they didn’t realize was that those “signature” injuries could also be caused by short-falls and disease. It would take decades to unravel their blind faith in this junk science. It is unknown how many innocent parents remain behind bars for a crime they didn’t commit.

Host Michael Semanchik is joined by Katherine Bonaguidi. She is nationally recognized for her expertise in Shaken Baby Syndrome. Formerly a staff attorney with the California Innocence Project, today she works as a San Diego County Public Defender.

Junk Science – Bloodstains & Bite Marks

Ally Kvidt — Thu, 25 Apr 2024 11:00:30 +0000

Forensic science is a cornerstone of our criminal justice system. Unfortunately, not all sciences used to prosecute people are reliable. So what happens when forensic science is later debunked? Does that mean everyone convicted by it goes free? The short answer is no. Tune in to hear why.

Zavion’s Story

Ally Kvidt — Thu, 11 Apr 2024 11:00:03 +0000

Zavion Johnson was bathing his four month old daughter when she slipped from his grasp and hit her head on the tub. He immediately checked her for injuries but found nothing. Tragically, she harbored unseen internal injuries that Zavion was unaware of. Later in the day, his daughter suddenly turned color. Zavion rushed her to the hospital but it was too late. She died shortly after.

Moments after his daughter’s funeral, Zavion Johnson was arrested for murder under a medical theory called “Shaken Baby Syndrome”. It would take 17 years for the criminal justice system to realize its mistake. This is his story…

Season 2 Begins

Ally Kvidt — Mon, 08 Apr 2024 22:45:17 +0000

Welcome back listeners. There is so much left to cover. In upcoming episodes, we will explore topics like Junk Science, Plea deals, Eyewitness Misidentifications, and Evidence Preservation. There is an amazing lineup of guests. We will hear from real-life exoneree Amanda Knox, Oscar nominated filmmaker Matthew Cook, Hollywood producer Scott Budnick, and famed attorney David Rudolph from The Staircase, a Netflix documentary.

So stay tuned… The first episode of season 2, ‘Zavion’s Story’ drops April 11th.

False Confessions (Part 2)

Ally Kvidt — Wed, 24 May 2023 17:00:04 +0000

Despite best intentions, parents can be their child’s worst enemy during an investigation. And innocent people can know the same facts that only guilty criminals do. But how are these things possible? In this part two of two, we talk all about it with Making a Murderer’s Laura Nirider, Certified Forensic Interviewer David Thompson, and former Washington D.C. Police Detective James Trainum.

False Confessions (Part 1)

Ally Kvidt — Wed, 24 May 2023 16:50:42 +0000

It’s the most intriguing question about our criminal justice system. Why do innocent people confess to crimes they didn’t commit? As strange as it seems, it happens regularly and for a variety of reasons like investigator deception, false evidence, and interrogation tactics. In this part one of two, we hear from Making a Murder’s Laura Nirider and Certified Forensic Interviewer David Thompson about why people send themselves to prison for decades even though they are innocent.

Marty’s Story (Part 2)

Ally Kvidt — Wed, 24 May 2023 16:40:22 +0000

Marty Tankleff was wrongfully convicted of murdering his parents in 1990. Innocent and very young, he would learn the legal system well enough to win his freedom. In the process, Marty would uncover the criminals and deep corruption that killed his family and kept him behind bars for 18 years. His underdog case beckoned help from top firms and caught the eye of Tony Soprano.

Marty’s Story (Part 1)

Ally Kvidt — Wed, 24 May 2023 16:30:19 +0000

Marty Tankleff was only 17 when his parents were murdered in their Belle Terre home in Long Island, New York. When he needed help from adults the most, he was subjected to a frightening interrogation as a person-of-interest. Traumatized, confused, and in a state of exhaustion he was pressured into making a false confession. It would take 18 years, but eventually Marty would win his freedom and show his parents were likely killed by organized crime to hide a money laundering operation uncovered by his father. This is his incredible story told in his voice.

More Episodes Dropping Soon!

Legal Talk Network — Tue, 25 Apr 2023 18:00:02 +0000

So far, we’ve heard from Brian Banks and Uriah Courtney about false accusations and DNA evidence. Coming up in mid-May, we’re going to talk with Marty Tankleff about his false confession and why he admitted to a crime despite being completely innocent. Later this season, we’ll hear about the misidentification of Luis Vargas, Junk Science that put good parents behind bars, and Marilyn Mulero’s plea deal for death.

Featured song ‘Brand New Start’ by our good friend and real-life exoneree William Michael Dillon.

False Accusations

Legal Talk Network — Fri, 14 Apr 2023 16:10:18 +0000

People are falsely accused of crimes all the time. It’s bad enough when it happens by accident, but it’s even worse when the accuser has something to gain from it. Join us as we explore the role of jailhouse informants and confidential sources in implicating the wrongfully accused with Justin Brooks, Founder and Director of the California Innocence Project, Assistant Public Defender Scott Sanders, and former Investigator Detective Gregory McKnight.

Brian Banks’ Story – Part 3

Legal Talk Network — Fri, 14 Apr 2023 15:55:33 +0000

Welcome to the final episode of our three-part series on the remarkable story of Brian Banks. In this episode, we will delve deeper into the challenges that Brian faced after his release from prison. We also hear about the pivotal moment when a chance encounter with someone from his past offers Brian the chance he needs to clear his name, regain his freedom, and help pave his way to the NFL.

Brian Banks’ Story – Part 2

Legal Talk Network — Fri, 14 Apr 2023 15:45:13 +0000

In this episode, we hear more of Brian’s story, a high school football who had his life turned upside down when he was wrongfully convicted of rape and sentenced to 5 years in prison. This episode delves deep into the traumatic experience of Brian’s imprisonment, the injustices he faced in the criminal justice system, and the incredible resilience and strength it took for him to maintain hope and fight for his eventual freedom.

Brian Banks’ Story – Part 1

Legal Talk Network — Fri, 14 Apr 2023 15:35:41 +0000

In 2002, Brian Banks was a 17-year-old high school football star with a promising future ahead of him. He was getting the attention of Division 1 teams at major universities and was on the brink of making his dreams come true. Unfortunately, his life took a tragic turn when he was knowingly and falsely accused of kidnapping and rape of a female classmate. Despite maintaining his innocence, the combination of poor legal counsel, lack of investigative work, and a broken justice system resulted in Banks spending over five years in prison for a crime he did not commit.

In this episode, Brian recounts the shocking experience of being falsely accused, losing his athletic prospects, and an ill-advised plea deal that hurt him way more than it helped.

DNA Evidence (Part 2)

Legal Talk Network — Fri, 31 Mar 2023 15:00:21 +0000

DNA testing is the most powerful tool for freeing the innocent. But without evidence to test, it’s useless… leaving many wrongfully convicted people without hope. That’s why it’s critical to preserve every piece of evidence in your case. In this episode we talk with Alissa Bjerkhoel about her work in Uriah Courtney’s exoneration and how his freedom hung on a single article of clothing left in a box almost 10 years earlier.

Stay tuned to hear about secondary transfers and why your DNA can be on objects you never touched. The case of Lukis Anderson should terrify all of us.

Alissa Leanne Bjerkhoel is the Litigation Coordinator at the California Innocence Project.

DNA Evidence (Part 1)

Legal Talk Network — Fri, 31 Mar 2023 14:55:56 +0000

Since its origins, DNA evidence has both convicted the guilty and exonerated the innocent. Despite its amazing abilities, this forensic science has not always been a slam dunk. In addition to reliability issues, its misapplication has led to the wrongful prosecution of the innocent around the country.

Host Michael Semanchik interviews world-renowned experts John M. Butler and Deanna Lankford about the history of DNA evidence and its use in the criminal justice system. Hear what investigators learned over the years to correctly identify profiles detected at crime scenes. The results might surprise or scare you.

John M. Butler is the Special Assistant to the Director for Forensic Science at the National Institute of Standards and Technology.

Deanna Lankford is the Director of Forensic Casework at BODE Technology.

Uriah’s Story

Legal Talk Network — Fri, 31 Mar 2023 14:50:04 +0000

Uriah Courtney was wrongfully convicted and sentenced to life for kidnapping and rape. Despite having a solid alibi, a series of coincidences and past drug offenses convinced law enforcement that they had their man. Although his case looked hopeless, there was one person who knew Uriah was innocent and refused to give up on him. After serving 8 years in prison, he would finally win his freedom. Tune in to hear Uriah’s Story, a real-life account told by the man who lived it.

Welcome to For the Innocent

Legal Talk Network — Thu, 30 Mar 2023 23:00:05 +0000

Despite best intentions, our criminal justice system is not perfect. Innocent people are frequently accused, convicted, and sent to prison for crimes they didn’t commit. On this show, we explore how this happens by talking with real-life exonerees, famous attorneys who fight for freedom, and world-renowned experts. You’ll recognize many of our guests from prominent productions like Making a Murderer, The Staircase, and the Survivors Guide to Prison. You’ll hear from well-known exonerees like Amanda Knox and Brian Banks.

Hosted by Michael Semanchik. Produced and written by Laurence Colletti. Audio engineering by Adam Lockwood. Music contributions by real-life exoneree William Michael Dillon.