Armchair Expert with Dax Shepard - Dan Slepian (on The Sing Sing Files)
Episode Date: August 22, 2024Dan Slepian (The Sing Sing Files, Dateline) is a journalist, television producer, and author. Dan joins the Armchair Expert to discuss why he liked to watch the news as a child, who some of his favori...te talk show hosts were, and how he landed his first internship at NBC. Dan and Dax talk about how Dateline segments are produced, why he chose to focus on helping people that don’t have a voice, and how he chooses the stories he pursues. Dan explains how convictions are overturned, the hidden epidemic of the wrongfully incarcerated, and the depth of the problems of mass incarceration. Learn more about your ad choices. Visit podcastchoices.com/adchoices
Transcript
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Welcome, welcome, welcome to Armchair Expert,
Experts on Expert.
I'm Dak Shepard and I'm joined by Monica Padman.
Hi.
I couldn't say Dan Shepard today because our guest is Dan
and I would have gotten really confusing.
You're right.
Dan Slepien.
He is an award-winning investigative producer
and a veteran Dateline producer, which.
We love.
We love our Dateline.
Yeah.
The topic's rough, but he's a party.
Yes, and he's a party.
Yes, and he's a great storyteller,
so you hear really intense stories, but you're riveted.
Yes, and his retention of all the players
is really second to none.
He has a book out September 10th called
The Sing Sing Files, One Journalist, Six Innocent Men,
and a 20-year fight for justice. Man, this is a good episode.
It shines a light on something that we talk about
occasionally, which is like, there's a lot of folks
in prison that shouldn't be there.
It's about the worst thought too, being innocent
and having your life stolen.
Yeah, but boy, his stories are riveting.
The life he's led as a journalist
the last 20, 30 years is incredible.
Please enjoy Dan Slepien.
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He's an armchair expert.
He's an armchair expert.
He's an armchair expert. I thought I was actually early. Where were you?
I was sitting outside in the car.
I thought it was 1130.
Oh, that's okay.
Listen, I'm so sorry.
This is-
Did you use the bathroom?
You've been sitting in your car for a while. No, I was on the Today Show a couple of years ago
for my podcast.
And you got up and left.
No, you did your research.
Oh my God.
It was very endearing because, was it Roker?
He goes, what are you doing?
You produce television.
Why are you walking off the set?
And you know what I'm saying?
I produce television and I'm late and I wake up early.
That is so funny.
Oh my God.
That's actually funny because I thought we were at 12
today too until this morning when I double checked
the calendar, weird.
Monica.
Dan rolled in at 11.
Monica.
And I came in at 12.
And I was the only one here.
I think you're trying to make me feel better.
No, I promise it happened.
This is all I have to say to start.
This is where I'm at.
Okay.
Emotionally?
Oh, emotionally.
Well, you're frazzled emotionally.
Yeah, because I thought I was early.
But my daughter got this for me
because this is where I live.
State of gratitude.
Yeah.
Well, hold on, Din, do you live there
or do you aspire to live there?
That's an excellent question.
Thank you.
The power of now, Akatoli, I aspire to be in now.
Can you ever really fully be in now?
I don't know.
You can have moments.
This is the one thing about coming over here.
First of all, I have so much gratitude for being here.
Oh wow.
We're so happy to have you.
And that you care about this issue.
And by doing this, I promise you, you are going to be changing lives. Not by me doing this, by you doing this. Well, no, I think it's going to require you, you are going to be changing lives.
Not by me doing this, by you doing this.
Well, no, I think it's gonna require you, Dan.
No, no, no, no.
You're gonna have to participate.
So I'm so grateful for being here.
Thank you so much.
And by the way, who doesn't know your podcast?
Well, listen, I was just in Europe and I didn't think any.
Some people didn't know it.
Yeah, I was feeling very lonely and unobserved.
I mean, you guys are killing it.
Oh, thank you so much.
I hope it comes across.
We genuinely love doing it.
We get interesting people who have spent 20 years
of their lives doing something, i.e. you,
and you're gonna distill it down for us into two hours
and we get educated.
It's like we've not left college.
It's the dream job.
It's incredible.
And it's incredible that you love it.
And I know you love it, I hear it.
I think that's what makes it work.
Oh, by the way, Dan.
Yes, sir.
Our fridge broke.
Instead of offering you in hot water,
I've gone and gotten ice cold water for you.
I'm gonna pour you a glass now.
Look how nice you are.
And it's in a pitcher.
And I'm gonna do a little ASMR
because why not, we never have a pitcher.
Can I have a hand, so I won't have to drink it?
Yeah. Ooh, I bet the listener got thirsty.
I don't wanna make them throw up, but here we go, ready?
Oh, yes, yes.
He goes, mm.
Oh, misophonia.
Okay, now, you know what's really interesting, Dan?
I don't know if you know about misophonia.
Do you know about this?
Misophonia?
You were about to say misophonia?
No, misophonia.
No, not that.
Not misophonia.
No, no, no, no,-phonia, believe it or not,
is an actual genetic condition
where you cannot stand the sound
of hearing people chew and eat.
I've heard of it, I didn't know the name of it.
We thought our friends who claimed to have this
were just intolerant people.
My wife.
Yeah. See?
Has she done a 23andMe?
It'll actually show you if you have miso-phonia.
So once I saw that, I was like,
okay, this is a real condition.
I gotta be sympathetic to it.
But now here's the weird thing.
I think misophonia people like ASMR,
they would have enjoyed the water being poured in there.
But then once it goes into a mouth,
it's a very arbitrary distinction
between it going in a glass in your mouth.
It is, and I think that's a deep thought.
Actually, I've never heard about it for,
people need to weigh in who have it,
weigh in in the comments.
Which you won't read, but I will.
Which I won't see, but Dax will see.
If it's drinking, I feel like it's chewing.
Well, that I think is rough,
but I've heard many people complain
just about that like sipping sound drives them nuts.
Yeah, yeah, yeah.
Do you guys read your comments?
He does. I do.
All of them?
Yeah, all of them.
Do you have a take on it?
Well, let's just start by saying our comments
are overwhelmingly positive.
That's what I mean.
I would read your comments if I was you too.
Well, and you can help yourself in this pursuit
by only allowing people who follow you to comment.
You can't just get stragglers coming on to hate mom.
You know, they gotta follow you.
So that's a great little tool.
That definitely weeds out a ton of negativity.
But the 5% that are negative of that 5%, 20% is valid.
Do you think so?
Yeah, like I had misrepresented OCD at one point
in the way I was talking about it,
and a lot of people with OCD complained,
or I won't even say complained, they corrected me.
And so I was like, well, let's get an expert,
and then it turned out to be one of our best episodes,
and I loved getting educated.
This is what you do, you're in the life of education.
Yes, for free.
It's incredible.
Okay, I wanna start with your own story before we get into deep. I just wanna let you know that I'm a little scared that you've done so much homework. That's a you do. You're in the life of education. Yes, for free. It's incredible. Okay, I want to start with your own story
before we get into deep.
I just want you to know that I'm a little scared
that you've done so much homework.
That's a good fear.
I need you a little on edge.
You're a producer, you know.
I am, but usually when I'm either telling
other people's stories or I'm being interviewed
about my stories, it's factual stuff.
This is a different, like, I feel it in this room,
by the way.
I know we're on podcasting here,
and I have a face for podcasting,
but there's something about the environment
which you've constructed that makes me feel immediately
like I'm home.
Oh, good!
That's lovely.
I'm glad to hear that.
We just added a door on the bathroom,
and I was worried that that was gonna change everything.
Someone said that to me.
Don't pee before they only have a curtain.
No, now we have a door,
which is why I was so excited to offer you that option.
But at any rate, before we get into your topic,
which is very heavy and it's horrific on many levels,
it's not feel good story we're gonna delve into,
but we're gonna have some fun before that
because you have a very fun story.
Take us from going to school
and having always wanted to be working for NBC News.
Because really quick,
we could interview you just on your career.
Like we would have you on just to learn as an expert
what it's like to produce Dateline for so many years.
That could be its own episode, right?
So I wanna touch on some of that.
We love you.
My bosses, Paul Ryan and Liz Cole love you.
We love Dateline as they know.
Thank you for loving us.
Oh my God, yeah.
Keith Morrison's my greatest success.
I know, I'm sorry I'm not him.
We had him, we had him.
We had him, we already did.
I know, I found my research too.
We already did that.
He was great.
This is Mike Keith Morrison, you ready?
Yeah, I'm gonna hear it.
Curious, isn't it?
That was good, I like that.
Do you know he does it, he does.
You got his shoes on too.
You got his shoes on.
He loves Converse. I know. He does our got his shoes on too. You want his shoes on. He loves Converse.
I know.
He does our interstitial work.
He says, stay tuned if you dare.
Dude, that man can read the phone book.
And I'll be like, hey.
But you grew up in New York.
Yeah, I grew up in Westchester, New York, which is just north of the city.
White middle-class kid, but didn't come from money.
I mean, I came from nothing.
My father was a special ed teacher in Spanish Harlem,
later became social worker before he passed,
and my mom was an administrative assistant,
raising four of us.
I had three older sisters.
So my parents were divorced when I was eight.
And so when they were divorced, you know,
at the time my dad had a drinking problem.
When you're eight years old and your family's ruptured, everybody has their trauma.
My trauma's no worse than anybody else's.
It was a time where I learned, oh, see, you call it the simulation, I call it quantum
entanglement.
Okay, sure.
What happened?
A24.
I'm looking at A24 right there.
A candle.
A24 has been all over my universe this past month
because JJ is in the movie Sing Sing with Coleman Domingo.
Which we saw and we interviewed Coleman Domingo.
Did you?
Yeah, yeah, yeah, beautiful movie.
I think actually we're gonna have this follow Coleman.
Coleman's a beautiful human being.
I love him.
I've met him as a result of this
and JJ is part of that small ensemble.
And so A24 was not part of all of this
when they were making it,
but it's been all over my world because of JJ.
So anyway, that just caught the corner of my eye.
The Sim is lazy.
Yeah.
You have to understand that the Sim is creating.
Because it's hot out, it's hot out.
Well, yes, which the Sim made,
but the Sim makes assets,
and it doesn't want to make unique assets for every room.
It has to duplicate for efficiency.
And I don't even look for it, it just finds me.
I don't know about you.
Right, right.
So when your family is ruptured like that,
at that age, I've been emotionally on my own
since I've been eight years old.
Growing up, I always had this need
to focus on people who never had a voice.
And the way that I found that for myself,
I was always taken by video and music.
When you put those two things together,
I think people emote, and I think when you emote, you care.
I've had a camera in my hand,
I don't want to age myself here, but pre-digital.
Yeah, yeah.
VHS tapes.
Sure, sure, big boys, big tapes.
You're with me a little bit.
Yeah, I'm older than you.
I was doing some reverse engineering
and you were a junior in college in 1990,
and I graduated high school in 93,
so yeah, we're looking at probably a five year gap.
But VHS tapes, that's of my gen two.
Yeah, you're not in our demo, Monica.
I am.
I'm just saying, we're in the same demo.
She wants to be in all demos.
I am.
If we were talking about gen Z,
she would also be in gen Z.
I mean, emotionally, mentally you might be in our demo.
I'm 36.
I'm not.
Okay, okay, okay.
But mentally we're much younger than you are.
Yeah, yeah, yeah, mature wise.
So I always just grew up watching NBC in my house.
And you like the news specifically?
I always liked the news.
I mean, this is so generic, arm-cherry,
but like Dad's Gone, all these NBC nighttime news shows
we watched growing up, there was a patriarch in charge
and he made you feel safe
and Cronkite delivered it with a steady voice.
Definitely if you're longing for some maleness,
I think those anchors of our childhood
are obvious source of that as well.
It's the first time I ever thought of that.
Okay, all right.
I had a stepfather.
God bless my mother, I love her.
She's in Florida.
The stepfather never spoke to me for 35 years,
not present in my life,
who was just a fixture in my house.
You were an extra that came with mom.
Exactly. Yeah, sure.
Me and my sisters were just kind of extras.
And I love my mom dearly, and she is a super woman
for what she dealt with.
But that analysis is actually an interesting one
that I never thought of.
It was, who am I paying attention to?
I'll add, because I happen to be writing about it.
So my parents got divorced at three,
and me, mom, and brother went and moved
into these welfare apartments in a town in Michigan.
And I don't think I was so cognizant of it,
but I can look and go like,
it's real scary that dad's not in the picture.
Crazy shit was happening in this apartment building,
and you're like, who's stepping in when it gets violent?
Like, where's dad?
Where is the protector and all this?
There's something primitive about not having a male around.
It's just a little scary, I think.
It is.
My dad loves me very much and was in the picture,
but he wasn't even allowed in my house.
So it was confusing as a little child.
And he did weekends, weekends, sometimes weeknights,
every once in a while,
but my dad fell in love with another woman.
And now as an adult adult I get it.
But when you're 10, 12 years old,
you're like, wait, what happened?
Listen, I would not have changed anything in my life,
warts and all, just because I luckily can say
I love who I am today.
All of that contributed to who I've become,
but I had to go through it.
So my mom would cook dinner every day and I'd come home
and the two shows that we would watch,
I'd be home by three something.
Four o'clock was Phil Donahue.
Sure.
I'm sorry, you don't know who Phil Donahue is.
This is what I'm saying.
This is my arbiter with people I work with.
Just to get a sense of generation,
I'm like, have you ever heard of Phil Donahue?
Yep.
Sally Jessie Raphael.
I know her.
Yeah.
When I say Phil Donahue,
I could be saying Millard Fillmore to a lot of people.
Yeah, and to put it into perspective, Phil Donahue was as big as Dr. Phil.
You know, you couldn't have been born in the last 25 years and not know who Dr. Phil was.
Similarly, you couldn't not know who Phil Donahue was.
And he was the first of this ilk to have white nationalists on with the Black Panthers at
the same time.
Was it like an Oprah situation? It was, but he wasthers at the same time. It was chaos.
Was it like an Oprah situation?
It was, but he was Oprah before Oprah.
That's right.
But also a bit salacious.
There were some very hot, buttony, edgy.
There were fights on the show.
Phil got attacked.
He broke his nose in another story.
That was Geraldo, actually.
Oh, Geraldo.
Oh, good, thank you for that.
No, but there were some physical.
Yeah, sure, there was stuff.
But the broken nose was a problem.
He was the first person in television history
to take a microphone and put it in random people's faces
in the audience.
That's really what he was known for.
He went off there in 1996.
He was older at that point.
He was what I call in the book, the OG talk show host.
So we would watch him at four o'clock
and at five o'clock would be live at five
with Tony Guatta and Sue Simmons
Which are the local news anchors at the time in New York the news anchors in your town are the most famous people in
The world in Detroit Bill Bonds. They're like your family. I mean they're Brad Pitt of your time. I'm gonna see what's Tony saying
So I always wanted to get into the news business
So I applied to WNBC and only WNBC actually,
and was rejected.
And then I applied again and I was rejected.
At the time I was president of my student government
in college.
Did you have a degree in journalism?
I didn't.
English and history.
Okay.
Yeah.
You know.
College kids should not be making these decisions
for themselves.
You know what I think the major is?
Major is like topic of conversation, a family conversation.
What you want to talk about at the dinner table.
You got to have an answer when people ask you.
I guess so.
Even a journalism major would not have prepared me for what I would end up learning.
My major was Dateline University.
I would watch Tony Gata and Sue Simmons every day.
And so I got rejected twice from this internship.
I got one internship offered a place called Common Cause, which is a good government group.
And it was down by City Hall in Lower Manhattan.
I was there for the first week and I was making copies in this hallway.
I hated it.
Every day I'd go out with my brown bag lunch, 19 years old, sitting at City Hall, people
watching.
And one day I see a stream of journalists walking into the hall. Now this is pre nine 11, not much security around.
Really nearly.
You could wander into places.
Anywhere you want.
So I'm like, what's going on?
I get online and I follow everybody in and there's a security guard there
and people are showing their badges.
He says to me, I'm 19 years old.
He says, where are you from? Probably the proudest moment of my life. The quickest
I was. I was like, I'm from independent media. And he was like, okay, go on through. I'm
like, what just happened? So I'm sitting in the back of the blue room and I call it the
blue room and I have my brown bag lunch on my lap and out comes at the time Mayor David Dinkins. I'm like, whoa, David Dinkins.
And then in the front row, four rows ahead of me,
I see this snow white hair.
I'm like, is that Tony fucking Gaida?
His local news anchor.
Oh, oh, oh.
Zero.
The other filled on him.
Yeah.
Oh my God, the guy you had on your wall.
No, no, the guy that I watched every night.
My local news anchor.
I was saying it to myself, like, what's your gear?
Is that like-
Gwyneth Paltrow?
Right, exactly.
I was like, is that Tony Guida?
And so I'm like, what do I do?
So I waited outside City Hall for everyone to come out.
And then I saw him walking out and I ran up to him
like a puppy off a leash.
And I was like, Mr. Gata, my name is Dan Slupien.
I applied twice to be an intern at WNBC.
I got rejected twice.
I will do anything.
I'll get you coffee.
I'll do whatever you want.
This dude was like, either I'm gonna call the police.
He took a napkin out of his pocket
and he wrote, call Mike Callahan.
And he wrote a phone number.
And he handed it to me, and I said to him,
thank you so much, Mr. Gatta.
If he tripped over me two hours later,
he would not have recognized me.
Sure, sure, sure.
That moment changed my life forever.
This is problematic, because this is a topic
that comes up on here all the time.
See, there's a couple of these stories,
and they encourage everyone else
to go up to someone at a dinner table.
Oh.
They say.
Yeah.
Dax, I heard on your podcast this guy.
Yeah, there is a lot of that.
Keith Morrison's like having a nice lunch with his wife
and some guy's like, I wanna be on Dateline.
But it happens sometimes.
In reality, I kinda think he was trying to get rid of me.
Yet what's great is he didn't do a ton for you.
He gave you this number and you called the next day
and the guy was nice enough to say, come down here.
And then he just shoved you somewhere else.
So you're kind of like a rock in everyone's shoe,
but then you end up kind of interning
without any real permission.
And they're like, you gotta be officially working here.
But then fast forward to you apply
and you get, and this part fascinates me greatly.
You were in the page program at NBC.
I was, I was.
Speaking of getting rejected,
I tried to get in that program so.
Oh you did?
Did you really?
Rejected.
You should have gone to City Hall to a press conference.
I guess it would have been after college.
I don't wanna know.
2020?
Yeah, 2024 was it?
2009, 2009, a long time ago.
Well too bad we didn't know each other.
I don't know if I could have helped you anyway,
but you could have written something on a napkin.
The funny part about that internship
is that it wasn't an official.
The internship director would be like,
why do you keep showing up?
I literally saw her in the hallways for decades.
Now this is the part of the story I stand behind.
So like approaching people in public,
I don't know about that,
but showing up over and over again and getting people coffee and doing the story I stand behind. So like approaching people in public, I don't know about that, but showing up over and over again
and getting people coffee and doing the fucking grunt work.
Just sticking around and doing the work no one wants to do.
That I'm a huge believer in.
My intent and my motivation was to understand this business
and do what I could to give other people a voice.
That was why I was the president
of my student government in college.
To answer your question, because of my internship, internship, I put in air quotes,
I got accepted into the Page program.
And so you were seating people at Letterman and at SNL.
SNL, Letterman.
In your 20s.
I was 21.
Were you pinching yourself?
I can't think of anything more exciting
than being able to be in the Dave Letterman theater
or the SNL stage.
I can't explain how exciting it was.
Probably never got better actually.
I don't know how to answer that.
I haven't left that building in 31 years.
Rockefeller Center.
So there's something when I first walked in,
it's interesting that you say this
because when I give tours of the studio,
there's a smell in the studios.
The air conditioning is up high.
There's an energy there that made me feel like
I was part of something bigger than myself.
It's the apex of New York show business in my opinion,
that building, the many things that are going on there.
You have SNL on the floor, you've got David Letterman,
you've got the news happening.
Anything media.
And I was the audience coordinator
for the Phil Donahue show.
That's the greatest.
I did the warmup of the studio audience,
but it was all within that time period. I was pinch coordinator for the Phil Donahue show. That's the greatest. I did the warmup of the studio audience, but it was all within that time period.
I was pinching myself.
As a page, I'm seating people at Letterman,
I'm seating people at Saturday Night Live,
I'm doing tours of the studio,
I'm seeing famous people all over the place.
The real unbelievable moment as a page was
they have what they call job assignments.
So they give you like three months of assignments
in various departments.
I was only a paid for three months
because I got hired at Donahue right away.
But I had an assignment at NBC Sports.
And this was in 1993 when the Chicago Bulls
were playing the New York Knicks in the East Coast Finals.
It was game five and I was a runner.
And my job was to get orange juice from Marv Albert.
Oh, wonderful.
So I have this thing on my neck, all access.
There's a sports truck at the end of the ramp.
I'm in the truck the whole time.
And they're like, Marv needs a juice, right?
So I take the juice 10 minutes before the game starts.
I'm running up the back.
I swear to you, coming towards me in his uniform
by himself was Michael Jordan.
No.
Baby.
I didn't say a word.
Well, good.
You didn't tell me you wanted an internship.
You want to shoot a couple hoops from?
I'm an aspiring Chicago Bull.
That's when you're like 86 forever.
Yeah, exactly.
But the moment was when I come out the players entrance
and I ran to give him his orange juice
and it was like 10 minutes before the game time.
You know, 20,000 people looking around.
I'm like, what else?
Can't get better.
Yeah, so that's when you start believing
in quantum entanglement. Yeah. Quantum entanglement, what have you around, I'm like, what else? Can't get better. Yeah, that's when you start believing
in quantum entanglement.
Yeah.
Quantum entanglement, I love it.
Okay, so let's fast forward.
So you end up over the course of your career,
you land at Dateline.
Well, you end up at NBC News, and maybe help me with that.
Donahue, I was at Donahue,
and then Donahue went off there in 1996,
and I started at Dateline right away.
And so Dateline's a division of NBC News.
Is that how it works?
It is.
And it's evolved over the years.
And you've been there for?
Going on my 29th year, 96.
It was March 11th.
11 is a big number in my life.
I'm trying to make that work with eight.
11-11, it's very lucky.
JJ's birthday is 11-11.
11 is all over the place.
A chapter in my book is 11-11.
But anyway, March 11th, 1996 was my first day at Dateline and how long there before you are actually
Producing segments. I started producing segments in about 99 2000
Okay, 24 25 years of yeah
and so I think it'd be fun just for people in a very concise way to know when we turn on Dateline and
Lester or when Keith gets up there, someone has done a lot of legwork
before he can report this story to us on camera.
And that's what you're doing as a segment producer.
That's exactly right.
So let's just give like, there's a murder in Ohio,
of course a man has murdered his wife.
And how long before Keith goes out there to talk to people?
Are you on the ground?
What are you doing?
How are you building the story?
The way I describe it is being a good producer is like choreographing a ballet. By the time the
talent shows up, everything is in place, everything is ready, all questions are answered. You know
what the story is about. You know what the questions are going to be asked. The characters
kind of know what to expect. You know why you're doing the interview, what the purpose of the interview is,
the overall arc of the story,
the location has been picked out.
We know that there's not gonna be trains.
You gotta find something for Keith to lean on.
Exactly.
In his upfront.
He is the leaner.
The producers are working on several stories at once.
The correspondents are working on more than that.
And it depends who you're working with.
Keith, as you guys well know, has very much his own voice.
Oh God, yeah.
You don't really write Keith scripts for him.
Right, right, right.
Keith writes scripts.
Well, Dateline's a division of NBC News
and then Keith is a division of Dateline.
He's his own brand within the brand within the brand.
Many, many years ago,
Kristen and I created a movie for Dax.
It was called Baby Director.
We used Dax as a baby.
I know, and Keith did it.
Yes, and Keith did it, but we were like,
can you just maybe narrate this for us?
And he said, sure.
I think we said, like, it's gonna be this.
We gave him some script, and he was like,
maybe I'll take a stab at it.
Yes.
So he wrote that himself as well.
Listen, I just wanna tell you, Monica,
do not take offense to that.
No, it was perfect.
How does the dream come true?
You can't actually write for him.
It's a real thing to feel insecure.
You know, you write a script and you give it to Key,
whatever, and it comes back like a million times better
and you're like, I freaking suck.
Yeah.
Well, you just can't write for him.
He's so specific.
Josh Mankiewicz is a dear friend, also has his own voice.
He knows his voice, he writes,
all the correspondence, right?
But depending on who you're working with,
Andrew Canning as well,
but I work mainly now with Lester Holt.
I'm his long form producer for most stuff
and Lester is really, really busy.
He's a very, very dear friend of mine.
He is my role model, my mentor,
without him even knowing it.
Until now.
He's not gonna listen, don't worry.
He's too busy.
I'm gonna make him listen to this stuff.
He's my mentor by how he behaves.
He wants to walk.
Just by watching him.
Here's my guess, having no knowledge of how this works,
but my guess is you have a team at Dateline
that's kind of got their lures in the water all over the country.
They're monitoring stories that are coming up and surfacing, and then they're reducing
that to some pot of compelling stories that Dateline might take on.
And then my guess would be, do you then get that whittled down group and then some stick
out to you and then you go pitch that to Lester?
There are, as you know, only certain 100-something hour slots a year.
Prime-time real estate is precious.
There are literally thousands of pitches every year.
The way that's decided, Paul Ryan and Liz Cole are the executive producers of the show.
There's a pitch pack and producers pitch their stories.
And then the group of seniors in the morning meeting, Liz and Paul, go through them and
they'll talk about them. And there's a whole host of reasons
that they choose certain stories.
If we have a two hour slot, if we have a one hour slot.
You need variety.
You can't have six men in a row that killed their wives.
And I'm not really part of that process.
I'm not part of the editorial process.
And the reason why is because in the law firm
of Ryan and Cole, I'm kind of like the pro bono unit.
I came to Dateline when Stone Phillips
and Jane Pauli were the anchors,
when there were many different segments within an hour.
Then I was part of a very robust investigative unit
with Chris Hansen as the correspondent for many years,
and we did some of that.
Dateline since then has morphed
and known as the true crime original,
and we do these hour long stories with twists and turns that keep viewers on the edge of
their seats.
Don't you even have a two hour Saturday episode or something like that?
And the reason why Paul and Liz picked the stories they do is because we're on all the
time simply from a production perspective.
When they get pitches, the pitches are, okay, so here was the baby flower, it had this flower,
and now it ends with this tulip.
So we know the beginning, the middle, and the end.
They need to do that by necessity because there needs to be a production schedule.
You need to know you're going to get on the air.
You need to know a beginning, a middle, and end of a story.
That's really the reason I have my job because that's what Dateline is.
That's what they're so good at doing.
The reason I say I'm the pro bono unit is because the way that I have come to view stories,
and luckily I haven't been fired yet, is that I don't see a tulip. I just see fertile soil.
The stories that I tend to navigate to, and this is what found me, I didn't find it,
are these stories of injustice. Are these stories of people whose society has thrown away,
whose society has considered other or less than,
people who don't have a voice.
And they don't have an advocate.
Some of these people are so disenfranchised,
it's not like they have an uncle
that has somebody's phone number
that could get the ball rolling.
They're like completely on their own.
They have no resources.
Exactly right.
Like if you or I were thrown in jail
and we were innocent, there's a lot of folks we can call.
Maybe.
You could call Lester Holt.
But you might be surprised
how hard it would be to get you out.
Indeed, but I'm imagining the kid
whose dad was in jail to begin with,
who doesn't have any money for a lawyer.
And I understand why you use the word advocate.
It makes perfect sense, it's intuitive.
There's a lot of things that are intuitive
that we can talk about that are actually
counterintuitive about the system.
Okay, great.
People have called me an advocate for a long time.
What I'd like to say is that I'm really not an advocate
for individual human beings.
I'm an advocate for the truth.
I'm an advocate for elevating the stories
and the truth behind the stories pertains to so many more people
than just that one person.
So by telling that person's story, we're really telling hundreds of thousands of people's
story, which is why what I said to you when I came in here, I meant it.
You are literally changing people's lives with this because when people feel heard,
they feel hope.
And when they feel hope,
that's their future. And very often people don't feel heard.
Forget feel, most people aren't heard.
Right. Exactly. True.
Regardless of their feelings.
Exactly.
Stay tuned for more Armchair Expert, if you dare.
Armchair expert, if you dare.
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We are supported by only murders in the building on Disney Plus. Go ahead, Monica.
I love this show. This is my favorite current show that is running.
Are you doing rewatches as you always do?
I think I've definitely seen the first two seasons multiple times.
Wonderful. Well, get ready folks. Season four of Only Murders in the Building premieres August 27th
exclusively on Disney Plus.
Do you think they did that for my birthday?
I do, they're three days late but it still counts.
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And guess who else is joining the fun?
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In this season, our favorite trio takes on Hollywood where a studio is making a film
about the Only Murders podcast.
Amidst all the glitz and glamour, there's a new mystery. Who tried to kill Charles?
I can't wait to find out.
Only Murders in the Building Season 4, streaming August 27th exclusively on Disney+.
Sign up now at DisneyPlus.com. I think what would be fair and generous might be weirdly for us to start with Las Vegas
homicide and to such a lesser degree, I have gotten to partake in ride-alongs because of
my job, which is a great privilege.
I found it to be a very conflicting experience.
And so I think it might almost be fair for us to paint
where this process kind of starts.
My first real experience with law enforcement
was through Vegas homicide.
I had done stories, obviously, with police before,
but I had done a story in Vegas, a murder story,
and I met a detective.
This was 2000, 2001, before 9-11.
No digital cameras and no first 48, no reality TV.
I think the only show at that time was Survivor maybe.
There wasn't this culture of true crime.
And I thought, wow, it would be really cool
to follow these guys to see what they do every day.
So what I pitched was this idea,
I got ahold of an early handheld camera,
and I said, if it's just me and not these crews
or the big blue mics and this falling around.
All this stuff that makes you self-conscious.
Right, exactly.
I'll stand at a distance and we obviously discussed this through legal and standards
at NBC, but we came to this conclusion that we could do this where I could follow them,
where they would be wearing microphones and I would be able to go under crime scene tape
with them and film them.
So I literally went back and forth to Vegas
from New York every two weeks for two years.
I filmed maybe 40 homicides.
Whoa.
And we did this series called Vegas Homicide.
Some of it aired in 2003, 2004 we did a series.
It was the first series that Dateline did
without any correspondence.
Because at the time, what I was doing
was coming back with these little mini DV tapes and I was bringing them to the dub room to tape them so I could see them. So I went to my boss, Neil Shapiro, at the time what I was doing is coming back with these little mini DV tapes
and I was bringing them to the dub room to tape them
and so I could see them.
So I went to my boss, Neil Shapiro, at the time,
I was like, there's this new thing called Avid Express DV.
Like I could actually look at the video.
So they bought me a laptop
and then I started dropping the clips in and I saw,
okay, there's a clip of Dax, Monica and Dan
sitting here talking.
And then there's a clip of Dan in his car.
And then I was like, wait a second, I don't need a correspondent.
I just need Dax to later say, God damn, I was so happy he left.
Boom.
And then that was a joke.
So we did the series in the words of the detectives and I don't know if it was because the camera
was there or what, but I was very taken by the bravery of what these men and women
had to do.
And that was only elevated on 9-11.
I actually flew back from Las Vegas on one of these shoots on September 10th, 2001.
I landed at one o'clock in the morning on September 11th.
I think it was the last flight that landed that night.
And I went home to my wife, Jocelyn.
We lived at the time at 63rd between first and second.
Seven hours later, those planes hit.
I immediately went to St. Vincent's Hospital
to report for Dateline
about these people looking for their family members.
And these men and women in blue and red
rushing to the bottom of that island
was the most magical,
safe.
Human.
Human.
I had so much gratitude.
I felt so impressed.
You feel lucky, right?
You feel lucky that you live somewhere that has this in place and that the people actually
rise to the occasion.
Totally.
I remember feeling these people have different blood than I do.
I would not ever do that unless my kid
was inside that building.
I'm just being honest.
Yeah, yeah, you're not wired that way.
I'm not wired that way.
I was running the other direction.
I decided at that time, I mean,
these were the heroes of the city.
I mean, the rock stars of the country.
We were thinking about having a baby.
We had gotten married in 2000.
And I'm like, I don't wanna go to Vegas
every other week anymore.
I was terrified.
Don't forget, the following month after that,
Anthrac showed up at NBC.
Right, yeah, yeah.
It's getting wild.
I had to take Cipro.
I'm like Osama bin Laden's coming for me.
You know what I mean?
So I wanted to be in New York.
So I thought maybe we can get into the NYPD.
I pitched this idea similar to what I had been doing
in Las Vegas and then NYPD let me in.
It was this little sliver of time
with this great deputy commissioner of public information
that was like, okay, go ahead.
They assigned me to these two detectives in the Bronx,
Bobby Adelorado and John Schwartz.
And so I showed up in Bronx homicide
for my first day in April of 2002.
And Bobby and John weren't like the Vegas detectives.
They weren't so psyched to see me.
Well, yeah, of course not.
They were like, all right, kid,
I think about 5,000 detectives in New York City
and a force of about 30,000 or so.
There's first, second, third grade detectives.
So only a few hundred at a time are first grade detective.
Bobby and John were the highest rank you could get.
So I'm with them and I'm embedded with them
and I'm doing their whole tours with them.
And every murder is obviously horrible
There's something about the murders in the Bronx that were a little different
I don't know if it was the method of murder or maybe it was after 9-eleven
I'm not really sure but it felt different and Bobby and I are out to dinner one night
I formed a really nice bond with Bobby to this day
This is in 2002 and I say to him Bobby you must bring this job home with you
He says, you know, I really don't, except one case has been bothering me for a decade.
So what's that about?
And he started telling me about this murder that happened in 1990 at the Palladium nightclub
in Manhattan.
At the time, he had never heard of the Palladium because he was a Bronx detective.
It's like two different countries, almost two different police forces. 1990 happened to be the single highest,
most violent year in the history of New York.
2,245 murders that year.
Oh, Jesus.
Yeah, yeah, yeah.
And many of them were happening in Bobby's precinct.
By the way, that number, we were so shocked
and outraged by 2,000 people dying
in 9-11.
Yeah, exactly.
And it's just like, it's the difference between dying
by paper cuts or an ax wound, right?
It's just like, they're just trickling all day long.
At 2,000 a year, that's like nine a day.
And so you miss it.
Every day we miss it.
Yeah.
Every time there's a mass shooting,
go to the newspaper and ask how many people
were killed in Chicago.
Right. Right, yeah, yeah. So it's this trickle that escapes our general awareness. So Bobby
was dealing with his own never ending line of murders in the Bronx, which was one of
the single poorest precincts in the entire country. He worked in the 40th precinct called
the four row. They called it the baddest station in the nation.
There's a doc about it. I feel like I said. Fort Apache is the name of the building
that they worked in on Simpson Street.
And so at the time, Bobby was taking down
this very, very violent gang called the CNC gang.
That gang was responsible for dozens of murders.
It became so big that it became a federal case.
Bobby was working with the United States Attorney's Office
to arrest them and it was a RICO case, meaning gang case.
And as part of the US Attorney's Office protocol,
when people wanna testify, cut a deal,
it's called Queen for a Day.
So basically in the federal system,
they say Monica, you're going to prison forever.
But if you tell us everything you've ever done,
whether we know about it or not,
don't lie about anything,
we'll write a letter to the judge
and you might be able to get a deal.
So it incentivizes you.
But it's a might.
It's a might.
And they agree that they're not going to try you
for these new cases.
Exactly, all one sentence.
But if we find you ever lie to us,
even 10 years from now, the deal is torn up.
This is what happened to Marion Jones.
Yes, she had quaint for the day.
So Bobby had an informant in the CNC gang from the Bronx who gave a proffer.
And he was telling Bobby about all these crimes.
And this is in 1992, two years after the palladium happened.
Palladium happened on Thanksgiving night, 1990 in Manhattan.
This informant named Benny Rodriguez says, you know, we did this, this, and Joey and
Spanky shot this bouncer on Thanksgiving night at the palladium.
Bobby had never heard of it.
So he takes Benny to the Manhattan DA's office and Bobby is asked to wait outside.
Years later, he thought that was a bit strange for good reason.
And the assistant district attorney who handled the palladium case comes out,
you call Bobby kid, you know what kid?
Benny's off the money with his facts.
It wasn't Joey and Spanky.
We just convicted two other guys,
David Lemus and Almeyla Haldago three weeks ago.
This is December of 1992.
Bobby says, okay, Benny must be off.
He's always been good to me and he kind of forgot about it.
In 1994, they start taking down everybody
and everyone's now
cutting deals. One of the people they interview is a guy named Joey Pilat.
Joey's going through all the murders and Bobby is working with an assistant
district attorney named Steve Cohen in the US Attorney's office and they're
debriefing all these guys including Joey. And Joey says we did this, we did this
and Steve says look if you're holding anything back, if you don't tell us, your pals are gonna tell us.
And there's nothing we can do for you.
And Joey says, you mean the palladium case?
A shiver went up Bobby's spine
because it matched exactly what Penny said.
So they did all of this research
and they find a 911 call made days after the crime saying,
Joey and Spanky from 550 East 139th Street committed the crime.
And they found admission witnesses saying, yeah, they came back and bragged about it.
And they found other evidence that pointed to them.
So as a result of that, Lee Minson-Hildago got a new hearing in 1996.
Joey testified.
I did it.
Spanky said he would testify for immunity, but the Manhattan DA's office didn't give
him immunity.
Steve Cohen testified, Benny Rodriguez testified, Joey's wife testified saying we were at the
palladium.
And the judge, which was the same judge that oversaw the original trial, denied the motion.
Oh my God.
So they went back to prison.
So Steve Cohen, who worked at the US Attorney's Office
by now had left to go to private practice
and it always bothered him and Bobby.
It always nagged at them.
So in the year 2000, Steve,
who later became Andrew Cuomo's Chief of Staff.
So really quick, they've now been in prison for 10 years.
So in 2000, Steve got an article written
in the New York Times, a front page.
Two men remain in prison despite admissions.
Somebody in federal prison reads that article, a gang member from another gang named Richie Feliciano.
And he calls the guy who locked him up at the U.S. Attorney's Office by a guy named John O'Malley.
First thing John says, Richie, you read the New York Times?
But Richie says, I was there that night. I was mediating the dispute.
Joey and Spanky did this. It wasn't these two other guys. The original detective 10
years ago knew there was a guy named Spanky. She ran his name in the database and it came
back to several people, including the real Spanky named Thomas Morales, one of which
was a guy named Frankie Figueroa, known as Fat Spanky. She shows his picture to the witnesses and they all pick him out as the guy
mediating the dispute. But Frankie Figueroa could not have been there that night because he was in
jail. They made the wrong ID, but it confirmed there was this guy mediating the dispute. You put
Richie Feliciano and Frankie Figueroa's picture next to each other. They look like brothers. So the US Attorney's office and
John O'Malley take this information and they bring it back to the Manhattan DA's office
They say now we got this guy who said he's there. What did they do? Nothing.
It's maddening. Two more years go by. Oh my god, so 12 years of their life.
2002 I show up, I ask this to Bobby, and I start filming from the very beginning, from
the moment he writes the word palladium on a folder.
And I film everything in real time, including an interview with David Lemus's alibi.
Her name was Janice Catala, his girlfriend.
There was a statement from Janice saying that she and David were at the Palladium that night. The car
broke down, this whole intricate story. She never testified at his trial. We go
unannounced to her apartment. This is all on TV by the way and will be part of
this docu-series that Dawn Porter produced called Singsing Chronicles. We
go to her apartment with me and Toe filming, unannounced. She lets me film
there in conversation. She's sitting in her pajamas on her bed.
She remembers the whole thing.
Oh, I remember that very clearly.
Detective Thaiss, he was the one telling me that we were at the Palladium.
She says it never happened, that they were home that night.
Oh, God.
There's no signed statement from her, but there's a statement in the file saying that
she said that. Basically, the officer perjured himself, but there's a statement in the file saying that she said that.
Basically, the officer perjured himself, but she never testified at trial.
So that's the first thing we got.
Then we go and I filmed Joey Pallott in prison with Bobby, the guy who arrested him, interviewed
him.
They greeted each other as long lost friends.
I mean, it just shows the kind of respect that Bobby had.
And Joey went through the whole thing again.
There was a fight with the bouncers.
We went to our trunks.
We got the car. We came back. He had a 38. I had
a nine Miller. My gun jammed. Bullet came out, didn't fire. Well, there was a live nine
millimeter found at the scene. Only Joey could explain that. And this is among other information
that comes up. So Bobby goes to his bosses. My presence became a little bit too much.
And they went to the Manhattan DA's office to make a report.
I was waiting outside.
And they went with the belief that truth matters.
That two innocent guys were sitting in prison and they know who did it.
They carry their box of information into the DA's office onto the sixth floor.
Forty-five minutes, they come out.
Bobby looks at my camera.
I said, Bobby,, have anything to say?
Nope. That was a stone wall we walked into. So they told them to just write a report and Spanky,
who had been in federal prison for his C&C crimes, was getting out in three weeks.
Bobby wanted to arrest him before his foot hit the pavement, never got a response.
The case was taken from him. The Manhattan DA's office says, we'll re-investigate the case. They assigned two new Manhattan detectives
and asked Bobby and John to go to Manhattan to get them up to speed. I wasn't invited.
By that time I was kicked out. So Bobby is by himself in the precinct and he goes to
the palladium case folder that he never could find for 12 years. It had been in the DA's
office the whole time.
And in the box he finds notes.
For example, Spanky Morales' sister-in-law,
Danela Troche was interviewed the week of the crime,
a border agent who said,
"'My brother-in-law Spanky tried to rape me.
"'My husband, his brother,
"'admitted that he did the palladium shooting.'
But he was picked out by their own eyewitnesses,
but there was never a photo array done. So he goes to his bosses and he says, what's my obligation? And he
was basically ordered to remain silent. He ends up quitting his job.
Wow.
Talking to me on camera about it. And the Manhattan DA's office launches their own
reinvestigation. A DA by the name of Dan Bibb does the reinvestigation, which Steve Cohen,
the defense attorney on Bobby, think is going to take weeks, took 19 months.
And Dan Bibb, who believed these guys were guilty at first, he comes to the conclusion
the guys are innocent.
This is what, 14 years after?
November of 2004.
He comes to the conclusion the guys are innocent.
He's ordered to protect the convictions. In January, they have a new theory now with him as the front man that he never wanted to be.
He ended up on the front page of the New York Times for this because he claimed he threw the case and a bunch of other things.
He felt that they would have stayed in longer.
There was a paper written about him at Georgetown called The Conscience of a Prosecutor.
But for a full year, he believed they were innocent
and they were in Rikers Island.
The theory of the case, the office's theory
that he put forward was that it was now
not a two shooter case, it was a three shooter case.
Oh God, there was a terrible frontline
called the witnesses, I think,
and it was the same thing where they wrongly
got a false confession out of one guy, then it didn't add up, so they re-summed, and said, well, and it was the same thing where they wrongly got a false confession out of one guy,
then it didn't add up, so they re-summed,
and said, well, who else was there?
So then they go get this guy,
they get a false confession out of him.
Five people by the end of this
that they all looped into this thing,
and not one of the five had anything to do with it.
And they wrote confessions, and this happens.
All the time.
Yeah, it's crazy.
So now it's a three shooter case,
which I even knew the DA didn't believe that was representing it.
But let's see if the guys know each other.
Lima's old doggo said that they'd never knew each other.
Not only did they not know each other,
I'll doggo was like plucked out of thin air.
No one has any idea how we got involved with this day.
They all said they didn't know spanky. I found spanky.
I brought them to Rockefeller center. I brought him to Rockefeller Center.
I interviewed him at Rockefeller Center.
He basically said, you know, I don't know these guys.
I've never seen these guys.
They saying I have something to do with this thing.
He's a guy I can respect because he was a little upfront
about, look, they say I have something to do with it.
They said they couldn't find him.
I'm always where I said I was.
Come and talk to me about it, right?
We aired that first hour in January of 2005
with Stone Phillips.
Two bouncers saw the show and said, oh yeah, it's spanky.
I mean, at this point, does it even matter?
They've got like 15 people cooperating.
I had done a story in WNBC earlier.
The jury for a woman who worked at New York Magazine
who convicted them was devastated and sat in court
and fought with the mother to get them out.
So there's a new hearing.
The hearing lasts nine months, day here, day there.
Meanwhile they're going back and forth.
I remember it being a very hot summer of July 2005.
One day they come into court and out of nowhere after 15 years of fighting, they say, okay,
Hildago's innocent, we'll let him go.
And he was handcuffed, brought back into custody
and deported to the Dominican Republic
because of a prior gun violation from 20 years ago.
Oh.
After already serving 15 years, yeah.
Lemus had to wait another two months in Rikers Island
for the judge's decision.
The judge, Roger Hayes, vacates the conviction.
He comes out to his wailing mother.
Dan Bibb ended up leaving and doing an interview with me for an updated two hour show we did
in 2007.
To this day, not only has the Manhattan District Attorney's Office never admitted they were
wrong, they retried David Lemus.
Oh my Lord.
Two years later in 2007.
For the same crime.
And get this, the jury couldn't hear that he had spent 15 years in prison.
What?
What?
Because it was prejudicial to the prosecution.
Oh my God.
I hate everything.
I hate everything.
Because it had nothing to do with what happened on the day of the murder.
Let me just back up for one second.
The day the hearing for them started,
after I aired this Spanky clip on TV, he was arrested for murder 14 years later.
The same day that Lemus and Hildago's hearing began, Spanky was arraigned.
Spanky's attorney later filed a motion under a law called People v. Singer,
which basically taught me a new lesson. There is a statute of limitation on murder.
The argument was, you the people had so much information
to arrest me, overwhelming, showing my guilt.
It is a violation of my civil rights to try me now.
Wow.
And in a scathing opinion to the DA's office
for the mistakes, he won and And he's a free man.
Wow.
He got on the stand in David Lemus' trial
and confessed that he was the killer.
Oh my, oh my God.
How are they able to retry him?
And what else about double jeopardy?
When you're arrested, you're charged with a crime
and there's an indictment.
The DA can do that singularly.
Once your jury renders a verdict,
only a judge can vacate that conviction.
Once the judge vacates the conviction,
it's like you were never convicted at all.
It goes back to when you were arrested.
So it's up to the DA to decide,
oh, we can do this again or not.
And so David Lemus took two hours for the jury to acquit him.
And that night he left for Florida and never came back.
That was my baptism into this world
where I could not fathom how people in power
who control your freedom could just brazenly disregard facts
as if they don't exist that are obvious to everyone.
So is it because of that work
that you are ultimately
approached by JJ's mom, why do people start reaching out
to you?
I used to visit David Lemus on Thanksgiving Day
for the murder for which he was wrongfully convicted.
On November 28th, I believe it was 2002,
his mother flew up with perfect makeup,
as heartbreaking as it is endearing
with goodies and treats. How difficult it is for her to see him once a year. Fly up
from Florida. We got a car, drove her up for the visit. My intent was to interview her
after the visit, which I did, which was part of the show. On that Thanksgiving day, I walked
into the lobby and there was a woman holding the hands of two little boys.
And she stopped me and she said, are you Dan?
Even my mother hardly recognizes me, you know.
My son, John Adrian JJ, he's innocent.
Can you help us?
My name is Maria Velasquez.
Turned out that David Lemus and JJ shared a cement wall.
They were in cells next to each other.
And JJ knew I was coming because David told him
that I was coming.
And he asked his mother to wait for me
to try and get my attention.
At that point, I was 70% convinced,
but I wasn't 100% yet convinced
even about those two other guys.
Yeah, that's kind of one of my questions.
And let me just hit you guys with some facts from the book.
So there are 2 million people incarcerated in our country,
give or take, which is disproportionately huge around the world.
And even the conservative estimates of how many people are wrongly imprisoned is
5%.
So on a given day,
that's a hundred thousand people that are in prison that are innocent.
But that also means 95% of them are guilty
and many of them are claiming they're innocent.
Let's stop.
Okay.
I believe the number is higher than 5%.
I just wanna put this in perspective.
Yeah.
As we are talking, there are at least 100,000 people
who have been stolen from their lives
and their families and their communities that are looking at a cement ceiling right now. My belief is probably closer to 200,000 people who have been stolen from their lives and their families and their communities
that are looking at a cement ceiling right now.
My belief is probably closer to 200,000.
In the past 35 years, since 1989,
just over 3,200 people have been exonerated
in more than 30 years.
Yeah.
You have 3,500 people in the last 30 years.
This epidemic is a hidden epidemic
that people think doesn't affect them.
No one understands the gravity and the depth
of how badly it goes.
That's one.
Two, guilty people.
The world and the reason I can only manage
barely to sleep five hours a night
is because the injustice is too great.
The stakes are too high.
And that means for everyone.
Yes, but my point remains that when someone approaches you,
you do unfortunately have the fact that 90% are.
I'm just talking about when one evaluates
whether what they're being told is factual or not,
it has got to be challenging.
Very.
Because the vast majority, in fact, are guilty,
and how does one navigate that?
This is one of those counterintuitive moments, the trope.
Even news says it all the time.
Everybody in prison says they're innocent.
Have you guys ever been to a prison?
Yeah.
Have you visited a prison?
I visited JJ in particular more than 200 times over 20 years.
I spent two nights on death row
with Lester Holt and Angola Prison.
I've spent thousands of days in prisons in this country.
From my experience, 80 to 90% of the people that I meet admit their guilt.
Yeah, I can see that.
That's the first thing.
Now, there are people that have reached out to me
and there have probably been more than a thousand by now.
No doubt are lying.
Right, right, right.
There's an algorithm.
I can't tell you what it is.
I don't even know it. There's a algorithm. I can't tell you what it is. I don't even know it.
There's a check mark list that I go over in my head.
This is my bar because I know my show,
I know my platform, and I know my responsibility.
You inherited a bit of some journalistic integrity
and measures by which it has to be factual
to put on the air.
It even goes beyond that.
If you came to me and said,
I got 25th life from murder, I did not do this.
So, okay, and Dax Shepard, blah, blah, blah,
committed rape in 2004.
I'm not interested.
Somebody else can deal with that.
The cases that I take on generally are ones like,
I have no idea what anybody is talking about.
I was kidnapped.
Which happens all the time.
A good amount of the time.
And now generally it stems from a minor offense.
You're in the system generally.
Sometimes there's a case that I did
where a woman just didn't call a cab.
They thought she did.
It was part of Eric Liston's case.
It's insane.
So there's a check mark in my head.
This is very incongruous with who they were
prior to this arrest.
Right, A.
Step one, yeah.
Can I prove it?
C, are there visual elements that I can make a TV?
D, how well can they tell their story?
Do I have access to them?
Do I have access to the elements
that make it an hour long television show?
So it's very, very difficult to do,
which is a lot of why my work has been verite work.
My own investigation videotaped in real time.
So the audience doesn't know the same way I don't know.
They're on the journey with me.
So there is a good amount of work in advance,
reading trial transcripts,
and I kind of know the markers
of what really bad evidence is.
Single eyewitness misidentification from a stranger,
the worst.
Yeah.
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Well, in JJ's case, we should go through JJ now and how you decide that this is a case
you want to take on, but I want to say the number was like they showed the eyewitness
1800 photos or something.
Insane case.
Fucking preposterous.
But what made it really difficult for me was that the time Maria approached me, I didn't
know anything.
And I'm thinking to myself, another guy in the same part of the same prison just happened,
you know. Yeah, it's all so innocent.
That was his whole place is innocent.
That's convenient, you know.
Just like you say.
Yeah.
And in the Palladium case,
I had two active duty police officers
and a prosecutor saying they were innocent.
In JJ's case, there was nobody.
So what was he accused of?
JJ was accused of killing a former New York City
police officer in Harlem during a botched robbery
with another man.
Someone came into his home to rob him?
It wasn't his home, it was an apartment
that they used as an illegal gambling partner order.
Oh, so he was there gambling.
He owned it.
The retired police officer owned it.
Within the confines of the precinct he used to work.
All right.
Like one armed bandits.
Sure, sure, the stuff you see in a Bronx tale. Exactly right. he used to work. All right. Like one arm bandits. Sure, sure.
The stuff you see in a Bronx tail.
Exactly right.
Yeah, gangster stuff.
Exactly right.
And the first thing that got me to pay attention
to JJ was his son.
Jacob was five.
He had these huge eyes holding his grandmother's hand.
Thanksgiving morning, you know?
I had no idea if his dad was innocent or guilty.
I was very skeptical, but my first thought was
this little dude should be running around
with his cousins today.
Yeah. Yeah.
He shouldn't be in a prison.
And I had not become a father myself yet,
but I remember going home that day
and not being able to get that kid's eyes out of my head.
I told Maria at the time before that, I said, send me whatever.
And I made a point, it's not going to happen anytime soon.
She was thrilled.
No one was listening to her.
And I vowed that for that kid, I would at least try and find the truth.
And so I was knee deep in the palladium case.
A week later in 2002, he wrote me his first letter and his mom sent me a box with a transcript
of 2044 pages.
I hope you read faster than I do.
I'll call you back in three years.
And what was amazing to me is that he wrote to me
and said, if I'm not mistaken,
my mother only sent you 1,787 pages of them,
which is not the typical letter you get
from somebody in prison.
Yes, this is a meticulous person.
And so anyway, I didn't read it right away.
I was busy.
I was a new father.
My daughter was born in 2003.
I had this other case.
And by the way, this was kind of my extracurricular work.
This wasn't like Dateline was like,
when's that palladium story gonna get done?
It was a passion project.
And it kind of broke the mold of the formulaic narrative
of how we normally get things on the air didn't even have an ending
So it took me several years
Before I was able to really read into JJ's case and it was two days after David lemus
Was acquitted and got out that I went to see JJ at sing sing to film him for the first time
I had visited him a few times in the course of those five years from 2002 to 2007.
He was accused with another man of killing a former New York City police officer
by the name of Albert Ward who ran an illegal number parlor.
There were nine eyewitnesses in the place. All of them were black.
That's an important point when it comes to cross-racial identification, a science I later learned.
I'm going to guess really quick.groups are great at identifying each other
and out-groups are terrible.
Right, now we don't have to explain it.
It's comforting to know black people think
we all look the same.
Right.
Yeah, Asian people think all Caucasoids look the same.
It's just easier for us to out-group, yeah.
It's science, but the reason I point that out
is that within hours of the crime,
every single eyewitness who made a description,
their first description was the shooter was a light skinned black man with braids.
Some said he had braids, some said he had cornrows.
But all of them said light skinned black man.
And his partner's accomplice was a dark skinned black man.
They made a sketch of the suspect, they put it all over Harlem, they won police plaza.
When a former cop is killed, it doesn't matter if he's running at illegal numbers.
Yeah, yeah, yeah.
It's on. Full court.
Exactly.
And they set up a mobile command unit
with a few dozen officers and they arrested,
they used the word debrief,
150 people in Harlem on the street
to get any information they could.
Three different sources that we heard talking about,
his name is Mustafa.
There was an all out search for Mustafa.
They called him primary target Mustafa.
I spoke to a guy who was black with braids walking his dog with that police stopped him
and picked him up and brought him into the precinct.
Somebody said, that's not him.
And he left.
They were looking for Mustafa.
Meanwhile, they were also looking for the accomplice.
One of the guys who gave a sketch was looking at mug books,
people who had been arrested of that area.
They picked out a picture of a guy named Derry Daniels.
He said, that's your guy.
And he was arrested.
Derry Daniels had a list of 11 former crimes,
including a robbery at a numbers parlor.
And he said that he was home that day with his dad.
He was doing crack with Starling,
but they still needed to find the shooter.
Two other people fled the scene,
other than the shooters, two eyewitnesses
who were in the back room,
a 20 year old guy named Augustus Brown,
who was selling heroin,
to a 45 year old guy named Lorenzo Woodford.
That's a former police run numbers.
I know.
In the vicinity of the place.
It was allegedly the first time Augustus Brown
ever went there, but as soon as that had happened,
the two of them took off.
Lorenzo Woodford said he went across the street
and watched the cops arrive.
So while they're looking for their shooter,
they're looking for Augustus and Lorenzo.
They find Lorenzo first.
He describes the shooter as a light skinned black man,
possibly with red hair,
puts him in the back of a police car,
go find your drug dealer.
They find Augustus Brown, 20 years old,
selling heroin on the streets.
They bring him in.
They show him mugshots, starting with light-skinned
black man, somehow ending with light-skinned Hispanic man.
Okay.
He had 10 bags of heroin in his underwear.
They put it in front of the table.
Wow.
They told him that they were going to arrest him.
And last.
He looked at 230 pages, six photos per page,
more than 1800 mugshots of people
who had been arrested in that area.
And after several hours, he pointed to a picture of JJ,
who was a light-skinned Hispanic man,
and said, this is the exact quote,
which is also a red flag
for anyone who knows anything about eyewitness identification.
That's your guy, but his eyes look different in the picture.
Never did he mention ever seeing him before
in this interview when he picked him out.
He didn't say, oh, I recognized him from 95th Street.
He was just like, that's the guy.
He was allowed to leave the precinct
uncharged with his heroin.
No way, JJ's Hispanic?
JJ's Latino.
This gets even crazier.
He had never been convicted before.
The reason that his mugshot was in that photo array
is because a year earlier he was accused
of shoplifting at the Gap in Manhattan.
He wasn't.
He had receipts.
But they had photographed him.
No, they used it as a pretense to search his car
and they found some weed and cocaine in his glove compartment
The case was thrown out because it was an illegal search and seizure the photo should have been expunged, but it wasn't
Oh wow, and when Augustus Brown picked that photo out the prosecutor immediately went to the court to get it unsealed
To show to the other witnesses Lorenzo Woodford said he was number two.
He said number three, number two, maybe number two.
I'm not sure, right?
But of course, by the time of the trial,
but I was told at the beginning by police and prosecutors,
five eyewitnesses picked him out
and his co-defendant pleaded guilty with him.
JJ said he's never even met the guy.
Never said a word to him before.
And that guy is obviously cooperating.
He never testified against JJ.
He just disappeared and he would never talk to me
and he slammed the door in my face.
When I started looking into it,
there was no physical or forensic evidence
linking JJ to the crime.
The murder happened on January 27th, 1998.
His father's birthday was January 28th, the next day.
His father had died six months earlier.
So the day after the murder,
he wanted to go visit the grave site.
He had two little kids,
his girlfriend and his mother were not talking to each other.
JJ was in the Bronx, his mother lived in Havistraw.
JJ was trying to broker a peace for them
to go to the cemetery.
There's a 74 minute phone call from a landline
showing that there was a call from the Bronx
to Havistraw.
If JJ was on the phone with his mother,
there's no possible way he could have committed that crime.
That was presented as evidence.
He testified in his own defense.
His mother testified, his girlfriend testified,
and he was convicted.
When I started to decontract,
there was no physical evidence, there was nothing.
It was only the eyewitnesses.
So I started by going to speak to every eyewitness.
Ultimately, I
filmed Augustus Brown in a maximum security prison with a hidden camera to
document whatever he said. And he said, they were threatening me, they were gonna
lock me up. He basically recanted what he has done since. Lorenzo Woodford, they
must have had something else. It wasn't just me that locked them up. If they
didn't think it's him, let them go. Philip Jones, the third one, signed an affidavit saying,
at the time of the trial, the police picked him up
in prison and told him that he had the right guy
and they would give him help if he testified.
Augustus Brown didn't want to testify.
He was in Scranton, Pennsylvania.
Two detectives picked him up.
He was the guy with the heroin in his underwear, yeah.
They picked him up on what's called
the material witness order.
They put him in jail in the tombs in New York City
for six days until he testified.
The day he testified, they gave him money for a motel
and food and let him go.
Dorothy Kennedy, the alleged fifth eyewitness
was 86 years old and was asked to identify the defendant
sitting at the defense table.
She picked out juror number six.
Okay.
And still voted to convict AJ by the way.
And I interviewed him and he said he made a mistake.
And I recently interviewed another juror who said
she thought he was always innocent from the beginning
and made the biggest mistake of her life.
At that time they had to be sequestered
at this terrible motel near LaGuardia airport.
It was Halloween weekend and everybody just wanted to go home with their kids.
Yeah.
That took me 10 years to learn about JJ's case.
I did a report in 2012.
It aired against the Grammys the weekend Whitney Houston died.
Obviously, we won that one.
Yeah, right.
Yeah, yeah.
And I'm saying this not with any sort of pride or arrogance.
I'm saying because it was an act of journalism.
It was nominated for three Emmy Awards.
JJ spent another decade in prison.
They came after me.
I have evidence to this day they still haven't turned over.
JJ, over the intervening decade, a couple things happened.
One, he led me to three other people
that I did stories on that helped get them out,
because it's always a team.
After that first decade, when I knew he was innocent,
and I saw the way the system was working,
I felt like a character in a Kafka novel.
My relationship with him fundamentally changed
and we started working together inside.
We built a program called, with the superintendent
and 10 other guys, called Voices From Within,
about redefining what it means to pay a debt to society.
Voices From Within is now starting on the outside,
that JJ is going to be running.
He got clemency from Cuomo his last week in office.
Biden made a public apology.
But it's a state crime, he can't pardon him.
So JJ was part of NowThis News,
he was on a panel for criminal legal reform
and he talked to Biden about clemency.
What kind of uniform standards can we establish?
And Biden said
on behalf of society, I apologize to you. JJ as of today remains a convicted killer.
And what he did for me and what this movement did for me is it melted the ice for me. It
poked a hole in Pandora's box for me to understand the perversity and pathology of mass incarceration
as a whole.
So when we talk about guilty people,
we're not talking about Ted Bundy and Jeffrey Dahmer.
Those aren't the people in prison.
The people that are in prison
are people like my friend, Dario Pena,
who now works at Columbia University Justice Lab,
who when he was 17 or 18 years old
and was dodging bullets because he didn't have a home life
to try to go to school. Brilliant guy.
And his older brother was a member of a gang and he thought that was family.
And he thought he was a soldier in an army and everybody knew the rules.
It was either kill or be killed.
And he made a horrible mistake as a teenager.
And then he went to prison for 25 to life.
But by the time he was 25, his frontal lobe developed.
He went to college and then he had another 20 years
Another example is Johnny Hinkappy and so many other people like him which are in for murder
But never killed anybody there were seven teenagers
That were sent away
One tragedy happened on Labor Day weekend 1990 a kid was stabbed when a family was there from Utah for the US Open
There's a bunch of teenagers going to the Roseland ballroom 50 of them. This is the Central Park
This is the subway tourist ball subway kid named Brian Watkins was the this is in the book
Seven teenagers a bunch of teenagers
Depending on how many you believe stayed behind to rob someone to get money to go to the Roseland
None of them knew one of the kids had a knife and as he was running away
He swung his arm and he killed Brian. All seven went away for 25 to life.
Johnny Hincappi turned out not to be on the subway platform
in the 25 years, but that's all I'm saying
is that what I've learned is that the people
that society has deemed as bad, as other, as the problem,
with the right education, with the right rehabilitation are the solution
or can be the solution.
Yeah, this is one of my questions.
I feel like I already know where you stand,
but I think there is often a temptation
to make this binary, right?
Like the entire system's fucked up,
it's injustice abounds,
or we gotta get everyone in there and keep everyone safe. And it weirdly lines up politically and this is going to be one of my questions
of why you think this problem is so hard to tackle. There's a great framing I read
recently a book by Arnold Kling and it's called The Three Languages of Politics
and it frames really conservatives and liberals having two different world
views right. Conservatives feel like the world is a battle
between civilization and barbarism.
And then the liberal worldview is the world is a battle
between the oppressed and the oppressors.
And I would argue, unfortunately,
and why it's so complicated is both things are true
in the criminal justice system.
There are most certainly tons of people
that need to be removed from society to protect all of us. I've done stories about them. Yeah, hundreds.
And yes, what files beautifully into the liberal view is like most of these
oppressed are the conventionally and historically oppressed people that then
find themselves yet again oppressed in an asymmetric way in our criminal
justice system. And so I don't think a left or a right approach to this
can encompass what it is.
It's both these things.
And it's hard to rally some kind of movement or coalition
when people are so fucking anchored into either
these two worldviews, when in fact it's suffering
from both are very true.
And I'm just wondering how you think politics somehow is yet another force on
this fucked up system.
The problem.
It's interesting how you frame it because I don't see it as politics.
I see it as fact. Just by way of example,
we don't vote on how much arsenic should be in our drinking water.
The EPA does that. There are scientists that do that.
We vote based on the cover of the New York Post
or the LA, whatever it is, a narrative of fear.
I'm not saying there aren't bad people in this world.
There are bad people in this world.
Yeah, yeah.
And there are people that need to be in prison.
But from my experience with the nearly 2 million people
that are in prison, we represent 5% of the world's population
and 20% of the world's prisoners.
Yeah, it's abysmal.
Most of the people that I've met are not son of Sam,
are young men and women of color generally,
who as my friend JJ says,
weren't even habilitated in the first place.
Yeah, forget rehabilitating.
I also think really quickly,
there's a profound example of it in your piece
you did in Louisiana with Lester,
where you guys slept there for a couple days.
We meet an inmate who was sent there at 17.
He's been there for 65 fucking years.
That old, old, old man.
And the notion that he needs to be separated from us is nuts.
Well, I think what we first need to do is define
what the purpose of incapacitation is.
Yeah, is it punitive or rehabilitative?
A lot of people want it to be punitive,
and I totally disagree with that.
When I say politics, I'm a registered independent.
To me, this has nothing to do with politics.
This has to do with numbers.
When you look at, here are the factual numbers.
95% of these nearly two million people will come home, whether you like it
or not.
95% are going to be serving you at Starbucks, waitresses, driving in your car, whatever.
Of those 95%, about three quarters of them, more than 70% are going to have some sort
of interaction with the criminal justice system again, recidivism.
Now, if people are given an opportunity for education or trade, it drops by about 43%.
That's the Bureau of Justice Statistics.
One study has shown that when you give somebody
an associate's degree, it's like 16%.
Somebody with a bachelor's degree in prison,
it's like 6% recidivism.
A master's degree, which is basically not offered
only in a handful of places, zero percent.
Like water puts out fire, but we won't do that.
Even if you're fiscally conservative, cheaper.
This is my point that it's intuitive
for a single mom working two jobs,
trying to put her own kid through college at minimum wage.
First of all, taxpayers aren't going to that,
but why would my tax money go to that?
It makes perfect sense.
I don't want my tax money killing kids in war, but it is.
It's what makes sense for society.
And by the way, those people that we're not giving any sort of attention to are going
to commit another crime and reoffend you.
So people vote for what they believe and are told tough on crime is when in reality, there is no prognostication or thought process
as to whether these policies are actually effective or not.
And what ends up happening is we spend more money
to make ourselves less safe.
Yeah, totally.
Yeah.
Okay, so listen, the book you're here to promote
is The Sing Sing Files, One Journalist,
Six Innocent Men, and a 25-year Fight for Justice.
You also have a podcast that you've made
on the same topic, which is Letters from Singsing.
That's just about JJ's, yeah.
And that was just named as a finalist for a Pulitzer,
so congratulations. Congratulations.
I want everyone to read this book and read the story.
You also have a four part documentary coming out
called The Singsing Chronicles.
Directed by Dawn Porter.
Lots of ways to learn about the story
and I think you should and it's very compelling.
I had a couple of just rapid fire questions.
Can I just say one thing?
Yeah.
And I totally appreciate you saying the word promote.
It's difficult for me to hear that.
Any profit that might be made for this on my behalf
is gonna be given back.
To me.
To you and Kristen to build a new podcast studio.
This to me is not here to promote a book.
This is a tool.
Well, you should 100% be promoting this.
So people will read it.
I am, I am, I am.
But my goal is to get justice impacted people
in front of students for the next generation of leaders
who are gonna hold people accountable.
Yes.
It's not self-serving, you wanna make it better.
Yeah, I just, I have that Keith Morrison syndrome.
It's good.
Yeah, so throughout the 20 years of being steeped
in this criminal justice system through telling these
stories, I wanted to know if you've drawn any conclusions
about the predominant issues
that drive this.
So I have some thoughts.
I'm wondering, do you feel like this is racially motivated
or is this a system that just demands quick arrests
and convictions?
Is this a product of pretty bad courtroom science,
i.e. eyewitness identification.
Is this a police culture issue that over the course
of these careers you get numb and detached from it?
Or is it district attorneys who have too much pressure
career-wise?
What do we point at?
Is it all those things?
The answer is yes.
Every single one.
What do you think would be the most significant place
to start?
I went to Germany and Norway to tour prisons.
The recidivism rates there are lower.
Officers in Germany and Norway are trained in social work
in addition to police work.
A good day for an officer there
is to make sure somebody doesn't come back to prison.
A good day here is to go home alive.
Over there, you're called by your name, not by your number.
Over there, you wear your own clothes,, not by your number. Over there, you
wear your own clothes, not the same uniform and your head is shaved. Over there, you take
job training and go to school. Here, you're lucky to get it. Over there, you can close
a door. Here, you can't. Now, there's plenty of people that say, they don't deserve that.
But the question is, who is they?
Exactly.
I wrote an anecdote in my book about getting in a car accident in my neighborhood.
On a Sunday, I had brunch, I had a Bloody Mary, it was five o'clock, I hit a tree in
a rainy day and there was a county road, state troopers showed up, the homeowner was like,
you're acting drunk.
Lights are flashing.
That's just your personality, we've come to find out.
Shit, it wasn't that bad.
I'm like, do I need a lawyer? All their shoulders went up. I said, well, take your license for 150 days. My wife was like, do I need a lawyer?
All their shoulders went up.
I'll take your license for 150 days.
My wife was like, you know, so I blew into it.
It was like 0.01.
I'm sorry.
I didn't even get a ticket, but it made me think, what if I had two bloody Marys?
What if I had a beer before I went and picked up that burger?
What if in that split second, I drove through a fence and taken a child's life?
I'd be looking at 25 to life.
That doesn't make me a bad person,
but that would have been the weekend that I went
from somebody in society who deserves
some sort of human dignity to some other invisible line
where I deserved whatever I got.
And that's, I think, how we see incarceration
and corrections.
We do not put people away to make them better.
No, we put them in to punish them.
In a bad way.
I mean, the punishment is the incapacitation.
But I literally would not put my dogs.
But by the way, even if you have to remove someone
to keep everyone safe, I don't think that then forces you
to be punitive and make them suffer. I don't think that then forces you to be punitive and make them suffer.
I don't think that should be the goal, just in theory.
It should be protecting us and removing the people that are dangerous for some period
of time.
But to make them suffer, it's implicit in their incarceration that they're suffering
plenty.
Yes, there's a culture among police which has been embedded in our culture for hundreds of years.
They're human. I was in Afghanistan a couple different times for tours and I certainly saw how those people responded to someone having just been killed next to them.
It's different than what you and I would respond because we haven't been in that situation 45 times and it's taken on a numbness. There's a certain reality of the capacity people have
to get through these jobs that are so fucking hard.
I'm at both times critical in support of a police.
I don't have to show up from a phone call
and walk into an unknown home
having no clue what's on the other side.
I know violence is happening on the other side.
Do that a couple thousand times.
I wouldn't do it once.
And tell me you're the same as you and I.
And you want them, I want those people there
when I need them.
Yes, so it's very fucking complicated.
And it's very nuanced.
Let me ask you this question.
When you drive around here four years ago
or after George Floyd, we had Black Lives Matter
and Blue Lives Matter.
How many lawns did you see with both signs on them?
I think you had to pick a side.
And to your point, I don't see it as a binary choice.
My moral compass is Detective Bobby Delarado.
I'm friends with detectives and police.
I think they're heroes.
Yeah, in your support for them,
if you're a staunch Blue Lives Matter,
it would be to be humane towards them as well
and go like, well, humans have capacity.
What resources exist for these people?
How much help are they getting
with this job none of us wanna do?
I think it goes around.
It just doesn't have to be mutually exclusive.
Exactly, there's like compassion
that can be going around in all directions.
It's like how a paparazzi might treat you
or have somebody who might write about your life
that's not true and are considered a journalist.
That's my profession, that's not me, right?
So there's lawyers, there's cops, there's DAs,
there's good people and there's bad people.
Yeah, could you make an assessment of Starbucks cashiers?
No, I've dealt with every version
of a human being behind the counter.
And by the way, to your point,
people who aren't policing certain neighborhoods
who happen to deal with crimes
that are committed by people of the same age,
of the same color, at a certain point,
you become immune to it a little bit.
You become like, it's not my job.
I have probable cause.
The prosecutor will figure it out,
and the prosecutor's like, oh, he's arrested.
Let the jury figure it out.
And then the jury's sitting there like,
we just want to go home for the weekend.
Yeah, keeps getting kicked down, the responsibility.
Or even the person you talked about in the JJ case,
it's like, well, I'm not so sure about this,
but they're telling me I'm one of five people.
So probably these other four people
are pretty certain of it.
I feel a little less guilty going along with it.
Absolutely.
A lot of it is arrogance amongst everyone walking around
that it wouldn't happen to them.
They're immune, they're good.
It couldn't happen to them.
But what's gonna happen to you is crime. Exactly. But what's gonna happen to you is crime.
Exactly.
And what's gonna happen to you is you're gonna be a juror
deciding on someone else's life.
Also what's gonna happen to you is you are gonna fuck up.
We all do.
Oh, I remember the thing I think that most plagues us
and I could be completely wrong.
There has to be some huge financial incentive
for these cities
to not acknowledge they erred
because of the civil lawsuit that's on the backside of that.
How do people say that?
I don't buy it.
You don't?
If they come out and just flat out admit,
we totally fucked this up,
this person lost 15 years of their life.
They have to know that that's coming with a financial.
But not from their budget.
Here's where I'm going with this.
Of the many ways that we have to figure this out,
I think we all, you wanna talk about traveling the world,
what you find out immediately is like,
we're the most litigious people on the planet.
It doesn't even exist in most places,
the way we deal with it.
And while I think someone whose life was stolen from them
deserves something, I also think when you look at the billions of dollars
Chicago's paying out,
you've created a very terrible incentive system
where people are heavily disincentivized
to come clean and be honest and admit error.
I feel like that has to be a big part of this
that needs to get figured out.
It might be, but these people
aren't held personally responsible.
It doesn't come from the DA's offices.
It comes from the federal government or the city.
You say something, this is $7 million.
You don't think those calls happen?
I mean, look, there's a former detective in New York City
by the name of Lewis Garcela right now,
who is responsible for many false confessions.
The New York City taxpayers have already paid
150 million in compensation to his victims. This dude still gets his pension. The New York City taxpayers have already paid $150 million
in compensation to his victims.
This dude still gets his pension.
Yeah, that's bonkers.
I mean, yeah.
But what I'm saying is like, I think it's more about ego.
Yeah. Sure.
This is where I get suspicious.
Most certainly for the people involved
in these original trials, yes, they're going to the grave,
claiming they did the right thing.
For the many people who inherit these cases,
who have no dog in the fight,
it's very weird to me that they don't hop on board
when it's obvious.
So then my question is, why don't they?
Because you're the one that made the arrest.
Monica's the one that's doing the reinvestigation.
Meaning the people who inherit the case
have a relationship with the previous-
When you say inherit the case,
you mean the person, someone's convicted.
I'm talking about the two people in the DA
that got the case spanky.
When they eventually got to their desk to reinvestigate,
they had no connection with the original case.
So it's not even their error to admit.
Well, it's their office.
But okay, great.
So it's their office.
It's their same boss.
EGLE for sure.
I buy in immediately for the original team
who is responsible for it. But we even see it down river with people that aren Ego for sure. I buy in immediately for the original team who is responsible for it.
But we even see it down river with people
that aren't responsible for it.
So it's not ego at that point.
What is it?
I personally don't think it's money
because it never shows up with these people
who are, for lack of a better term,
perpetrators of putting innocent people in prison.
I think it's way more complicated than that.
Part of it is ego, part of it is precedent,
part of it is very slippery slope.
I don't think that people realize the depth
of the problems of mass incarceration.
There are so many sciences
that have been completely debunked
for which people are currently in prison.
Forensic odontology, forensic bite marks.
Handwriting experts.
Blood spatter.
Yeah, blood spatter's bullshit.
Right, even tire trademarks, shaken baby syndrome.
There are kids that die from falling off beds
that would appear with what they call the triad
and even the guy who made that diagnosis said it's wrong.
Yeah, these things, they just carry on with a momentum.
And we're too quick as a society.
We have this false narrative,
like New York City a few months back
had a terrible incident
where a mentally ill guy shot a cop and killed him.
Big funeral at St. Pat's.
Next day, the front page of the New York Post is crying
widow and the big headline was NYPD cops widow slams polls for spiraling crime.
Slams polls for spiraling? What does that mean?
Meaning slams politicians for spiraling crime.
Right. When every single bit of data would argue.
Here's the facts. 2245 murders in 1990.
When there was a spike during the pandemic in New York,
when everyone was terrified, that number was 488.
Last year, there were 391 murders.
There is not spiraling crime.
But we're taught to believe
there's a great tactic of all politicians.
We had a mayoral race here,
and we were talking with friends and this one mayor was going
to be tough on crime and I said, guys, tough on crime in LA.
And it forced me to look it up.
And yet LA is like almost the safest city in the country.
It's like so fucking low on the list you can't even find it.
You know what tough on crime is?
Providing opportunities for children who don't have them.
JJ would write me letters when his son was 10, 11 years old.
Dan, I'm scared for my son.
There's an intergenerational, the cycle of incarceration.
Guess what?
His son went to jail for two years when he was 19.
He called it.
Had he been given opportunities,
a trade, an education, some attention.
Well, had he not had to go to Thanksgiving in a jail,
this is all part of it.
To me, prison is like going to the doctor,
they have a pad, you have a symptom,
they wanna make you feel better,
they write your prescription, you're gone.
That's prison.
Functional nutrition and medicine is like,
wait a second, why is that happening in the first place?
Let's prevent that from happening.
And that's what we're not doing in this country.
You don't do preventative anything.
Healthcare, dress, any of it.
Wait till it flares up.
Did I talk way too much for you?
No, this was lovely.
I want everyone to check out your book,
The Sing Sing Files.
Let me promote it for you.
You're uncomfortable with the term promotion.
This has been a pleasure.
I am overwhelmed from being here. Thank you for having me so much. This is just a funny thing to say on the term promotion. This has been a pleasure. I am overwhelmed from being here.
Thank you for having me so much.
This is just a funny thing to say on the way out.
So you love Power of Now, Akartoli.
I'm triggered by it because my father wore a necklace
with a clock and it said now in all directions.
Have you seen that?
Someone needs to get this for you for Father's Day.
But it's funny when your parents do something
that you would have probably discovered on your own.
I'm like, oh, it's on my fucking dad's necklace, yeah.
I can't like it.
I can't embrace it.
Anyways, Dan, this was really, really fun.
And I hope this is-
It's horrifying, but it's important.
It's so important.
I'm really glad you've done all this work, sincerely.
And by the way, I just wanna leave you by saying
the truth is these guys have done so much more for me
than I have for them.
There is absolutely no doubt about it.
Oh, I believe it.
I am a better person.
I'm more thoughtful.
I'm more humane.
I'm more loyal.
I'm more introspective and I try to be better every day and it's because of these guys.
Wonderful.
Well, good luck on everything and I hope we get to talk to you again soon.
Thank you so much.
We hope you enjoyed this episode. Unfortunately, good luck on everything and I hope we get to talk to you again soon. Thank you so much.
We hope you enjoyed this episode. Unfortunately, they made some mistakes.
Okay, I wanna tell you something huge.
Oh, wow.
I've been waiting all day to tell you.
Okay, and we've been together all day,
so it must have been really gnawing at your crop.
This is one of the craziest sim things that has happened.
More than when you were listening to the conversation
about Karlie and looked up and saw her?
Okay, that one's crazy.
Also the one where you knew the song,
I was thinking in my head.
For me, that's the apex of all weird experiences.
Me too, okay, so fine.
So that's number one.
Carly's, that's up there.
That's really up there.
But this is nuts because we spend a fair amount of time
talking about Phil Donahue.
Phil Donahue died yesterday.
Yeah, at 88 or something?
Yeah, so maybe you're listening to it and you're like, boy, they're not showing a lot of reverie
for this man who just passed, but he hadn't passed yet.
And then he died the day before we're recording this.
Yeah, that is very weird.
Yeah, it's a very Donahue heavy episode.
Yeah, and he is explaining him and it's a whole thing.
Yeah.
And then I went to just find a clip this morning to play,
a clip of Phil Donahue,
and then there was all these remembering things,
and I didn't know enough about him,
so I figured he died many years ago or something.
Sure, sure, sure.
And then I'm like, posted two hours ago, what?
And 88 is good,
but I feel like it should be better
when you're rich.
No.
Does anyone else feel that way?
Yeah, I didn't know what you mean.
Yeah, like you're rich,
you probably have the very best healthcare imaginable.
So I don't like that.
I'm like, if he can't make it to 100 with great healthcare.
100 is like a rule.
Well, that's what you said for me the other day.
I know, I know, I know.
And I bought in.
And now when I see anyone that dies before 100, I'm like, well, that's what you said for me the other day. I know, I know, I know. And I bought in. Oh, wow, okay, okay, okay.
And now when I see anyone that dies before 100,
I'm like, well, maybe I'm not gonna make it.
Well, like, it's Steve Jobs dying, not at 100.
Right.
But that had an explanation.
He died very young, actually.
Yeah, but you would hope that much money
he would be able to solve it. True.
But he was that unique case of he actually had the means
to do it, but he did not want to take the course of treatment
and recommend it.
He believed in his fruitivore diet and stuff.
I mean, it's like, it makes sense and it doesn't.
Like at one point you're like, this guy's so fucking smart.
How could he not be listening to an oncologist?
But then the problem is, he was so smart
and he was proven right so many times.
He thought he had all the answers.
It was misleading.
I know.
You gotta be careful how much you believe your own shit.
You have to be so careful in this life.
And also no one's above death.
Yeah.
Even doesn't matter how much money you have.
Death is the great equalizer.
Will you knock on wood?
Oh, okay, yeah.
Boy, this is exciting.
I've been knocking all day for you.
I know, I know.
You're on a knock kick.
Well, we've been talking a lot about that stuff.
Yeah. It's funny, because we have talking a lot about that stuff. Yeah.
It's funny, because we have different takeaways
from when we talk about it.
When we talk about it, for you, it invites it.
Yeah, because I think I have strong manifestation.
Right, and for me, it exercises the demons.
It's like, you gotta talk about it and joke about it,
or it's too powerful or something, I don't know.
We have the opposite.
I generally like talking about ways I could die and stuff.
But you don't like it, knock on wood.
I mean, not knock on wood, because you don't like it.
You like it.
You don't like it.
I don't like it.
Right, knock on wood.
But you like knocking on wood a lot.
A lot. Yeah.
To me that- Is today your birthday?
No, my birthday's on Saturday. But, okay, so your birthday's in three days. A lot. Yeah. To me that- Is today your birthday? No, my birthday's on Saturday.
But, okay, so your birthday's in three days.
Couple days, yeah.
Okay, okay, so we don't need to,
but people should, they should know,
they should be at the ready on Saturday
to blast the internet with well wishes for-
You don't need to do that, guys.
The young mouse.
The old mouse.
The old mouse, the old mice.
You don't really think of mice being old, do you?
I don't think they live very long, that's why.
Fuck, knock on wood.
Yeah, like if a mouse had made it to 88,
we would be celebrating, but no, they don't.
Did I tell everyone already that there was a mouse rat,
I'm not sure which,
outside my apartment in the courtyard.
Well, let me just tell you what to call it.
If this story is gonna involve death, say rat.
No, I know, that's not fair.
That's pretty person privilege and so I don't like that.
So it's a mouse rat and I was walking into my courtyard
and it was just in the courtyard.
Oh, alive.
Alive.
Okay, enjoying.
Yeah, enjoying, but still,
and I was confused because it wasn't moving.
Right.
But it wasn't dead, it wasn't flopped over or anything.
It was sitting on its hind leg.
It was just regular sitting.
Okay.
And I thought maybe it was looking for its food
and was like gonna go run and get it
and it was just like looking.
Yeah.
But I also expected obviously for as I got closer
for it to scurry away.
Right.
And then that did not happen.
Okay, couple things there.
One is I don't know how good their sight is.
So I don't know how far away it could see you.
Okay.
I just know a lot of animals do have
worse eyes than we would imagine.
Secondly, you know, one of the instincts is to freeze.
You stay still so that the predator can't see you
because we respond to movement.
And then when it gets so close, you go,
oh, fucking I'm moving.
If you watch these deer, these impala or antelope
in the nature docks, they're frozen.
And then the last minute they go,
oh, fuck it, this isn't working.
Well, okay, exactly.
So I thought maybe it's just freezing,
but then that's dumb,
because it's very out in the open.
It's like on display really.
Hiding in plain sight.
I was getting very, very, very close
and it didn't move, okay?
But I was like, this is fine.
So then I went into my house.
I took a picture of it from the inside of my house.
Cause I was like, Oh, this is a good omen.
There's a mouse here.
Yeah.
And then I kept going back to look and it was just not,
it was never moving.
And I was like, I think it's dead.
And then I felt really guilty
cause I posted a picture of a dead animal. Oh, you posted. Well, cause I was like, I think it's dead. And then I felt really guilty because I posted a picture of a dead animal.
Oh, you posted.
Well, because I was like, good omen, hello, like yay.
Yeah, yeah, yeah, yeah, yeah.
And now it's a bad omen.
But you think it died in the upright position like that?
That's what I'm confused about, but why would it be?
How could it just stay in there for that long?
Well, but was it there when you left your apartment?
The next day, no, but I think it was.
Oh, because it was that night you came in
and didn't leave again?
I did not leave again that day.
And then the next morning it was absent.
Okay, so I think it just was taking a nap
or maybe meditating out in the courtyard.
Okay.
Yeah, and then went on its merry way.
That or your landlord scooped it up, right?
You could find out, I guess.
I'd rather not know.
Just forget it.
You know, one of my landlords
very sadly passed away last year.
Yeah.
And he loved that courtyard.
Oh yeah. And he was always.
Manicuring it.
Yeah, he was really into manicuring it.
And we wondered if maybe it was him.
The spirit of him.
Yeah.
He wanted to come back and.
Take it in.
Yeah.
Play around his little courtyard.
And when you say we, that sounds like you and Jess.
Yeah.
Yeah.
Yeah, it was Jess's idea.
Ha ha ha ha ha.
Ha ha ha ha.
It was Jess's idea, of course.
I thought that was a sweet idea.
I wouldn't like the idea that he died again there.
Yeah, I will come back as a crow.
Okay.
So that I can look in people's windows.
Yeah, that's very you.
That's very me, it's very on brand.
A mouse, you're not getting,
you can't really choose to see everyone you wanna see
because you're on the ground there, real low. It seems like maybe he was there not to see people,
but to see his environment that he loved so much.
Right, it would be all about the people.
Yeah, and I guess if you love that courtyard,
or if you love plants, if you love foliage,
maybe as a human you've always wished
that you could be in it.
And it would be bigger and more drastic. Yeah, you could like be in it. And it would be bigger in Jurassic.
Yeah, you could scurry in it and it could surround you.
Yeah, that's a good.
But I wonder when people are picking one animal
to come back on, if they evaluate just how long
the lifespan of that animal is.
I don't think they're thinking about that.
Kind of related.
Out of nowhere, yesterday, I was in the garage all day
and I came in and all of a sudden there were four flies,
five flies, get out of here you jackass.
That's from Angry RV Man.
Oh.
There was an explosion of flies
and they were the weirdest flies.
You could kill them so easy.
You know flies are really hard to smash.
Yeah. I was smacking them.
I killed probably like 14 flies in 10 minutes.
We must have brought something in the house
and these things hatch.
Because it's not like we had the doors open or something.
And that's a very unsettling feeling
that you have something in the house.
Then I was looking at this little pot of flowers
that had been brought in.
I'm like, okay, well, that's new.
That could have definitely been housing some larva.
This was in the house?
I thought it was in your garage.
I had been in the garage all day
and when I came into the house,
all of a sudden there was this proliferation of flies.
Do you know, in my experience,
there is a fly thing that is way too easy to kill.
They sometimes hatch from grain.
Like I've, my family had this at one point
and we realized it was the rice.
It was in the rice.
Yeah, so do you have new grain or anything?
No, but that is a ding ding ding.
So after I killed all the flies,
I had had an egg white and feta cheese omelet
in the morning, that was it.
And I was out in that garage all day.
Then I was feeling like low blood sugar, right?
Like, cause I hadn't had any carbs in that first meal,
blah, blah, blah.
I'm like, I need some rice and some protein.
So I heated up some turkey taco meat and some rice.
And as I was putting it in the bowl,
Kristen said, that stuff's pretty old.
And I was like, eh.
The rice or the meat?
Both, I guess.
So I smell it.
I'm like, I don't smell anything.
I'm just gonna put it in the microwave for a long time.
And I did that and I ate quite a bit of it.
This is a triple ding ding ding.
I gotta fast forward.
You know who's been out of rotation for a very long time
and he just made a return is Michael the tiger.
Delta's tiger Michael.
I loved Michael.
Yes, me too.
We had a lot of fun with Michael.
Yeah, we did.
And for people who don't remember those episodes,
Michael had a bad habit of getting into tainted food.
Yeah, he's a stuffy. Yeah, he's a stuffy.
Yeah, he's a stuffy, but he is a baby tiger
and he was always rummaging around trash cans
and he thought it was so good and then he would get
really sick. Yeah.
And all the stories Michael told were about him
getting sick. Yeah.
So I ate all this food and I'm laying in bed
with the girls and Michael's been brought back into the fold.
He got a bath that day and we were all greeting Michael
and all of a sudden I was like, I gotta go right now.
Gotta go right now.
I'll see you guys later.
And then I went up, I went a few times,
Honest.
Yeah.
In a very uncomfortable stomach.
In some burps that I was like, oh,
please, I don't wanna start the other side.
That needs a cute title like Hannes throwing up.
Like coming up both sides.
Yeah, but just throwing up.
We need a Hannes-esque word for it.
But yeah, I paid the price.
I was too brazen, as I tend to be sometimes with my food.
And then, after I was sick,
I think we started doing the math
on when that stuff was made, and it was too long ago.
I don't.
The rice was crunchy.
It was like hard.
It had the, yeah, and I was like, oh, it's all right.
I'll throw a little hot water at the bottom of the bowl
when I microwave it.
The rice is probably not the problem.
I'm sure it was the old meat you ate.
The old turkey meat.
My God, Dax.
What, maybe the flies came from that old rice.
No, because that was in the fridge.
Oh, that's true.
Yeah, I don't keep the rice out on the counter.
But maybe the, do you have,
I think you have rice hidden somewhere in the cabinet
that's too old and it's developing those flies.
They're making me feel so itchy.
Uh-huh, yeah.
I'm sorry that happened, but I, it's like.
It's hard to feel bad for them.
I do struggle a little with,
when I know someone's done something stupid,
I do struggle with just pure.
They deserve it.
No, it's not, I don't, I don't ever feel like
anyone deserves anything, but it's also hard for me
to feel really, really bad for them.
Yeah.
It's weird because I normally tell them that sucks,
but I'm also like, why'd you do that?
Why'd you do that?
Yeah, if I were you, I wouldn't feel bad about that.
To me, that seems really logical,
which is if something bad has happened to somebody,
the act of compassion in soothing them is you kinda gotta enter that space
of like pain and discomfort and sadness.
And so we don't wanna feel pain and discomfort and sadness,
even if it's to comfort somebody.
So if you get a little excuse to not go down that road,
you're gonna kinda take it.
I guess, or I think there's just a part of me
that's like, oh, it didn't have to be this way.
Yep, yeah, and we don't have to both be here
dealing with this problem.
I guess.
Yeah, I think it's natch.
I guess it's fat natch.
But you do the right thing, you say,
oh, that's a bummer. I do.
You're thinking you deserve this, but.
And I, no, I'm not.
Like even when you're hearing my story,
you're like, I hope it hurt when you were.
No, that's not fair.
I don't think that.
I think I'm like kind of mad at them.
Yep.
Because why did you have to have pain for no reason?
Mm-hmm, yeah.
And now I'm mad at you for your pain.
I know, but the truth is almost all of our pain
is self-inflicted.
Yeah, so it's just like you're picking what thing
is okay to be stupid about and what thing is not okay.
Well, I know.
Yeah, we just figured that out.
They're all the same.
You should probably just,
because everyone's culpable for the most part.
I mean, they are victims, let me be clear.
But we generally play a role in most of our discomfort.
Yeah, we do.
What animal would I come back as?
A chinchilla.
Nope.
I don't like those guys.
I think I wanna come back as like,
maybe a puppy or something,
cause then like people would hold me and pet me and stuff
and play with my hair.
If you got a good owner.
Oh, true, how would I care?
You'd wanna be a deformed puppy in the pound
so that we would get you.
You have to be deformed or we won't take you.
But that's running a risk,
because what if you guys never come to get me
and then no one else is gonna come to get me
if I'm deformed.
Although whoever gets you is gonna have a really good heart.
That's true. Pretty much.
I think you probably like weed out
the irresponsible mean owners.
You don't wanna come back as an elephant
or something that's gonna live a very long time.
It's a tricky riddle because you might not enjoy
being an animal. I know.
And it's hard to kill yourself if you're an elephant.
I don't really know how you do it.
No, there's no suicidal loud in this game.
Well, if I didn't like being crow,
I could just fly as fast as I could
into the side of a building.
No, no.
But was an elephant gonna run and then fall down?
No.
Did it have to find a cliff?
No, listen.
No, no, no.
We might not like being an animal.
That's why you have to pick an animal
that you do like that life.
Okay. Okay.
All right.
You like flying around and stuff.
I just thought of the pervious joke.
What?
It's so pervy and gross. What?
I was gonna say I would come back as a rabbit.
Oh my God. Yeah!
Yeah!
That's not actually as pervy as I thought it. That's very pervy. Yeah! Yeah! Yeah! Yeah! Yeah! Yeah!
Yeah!
Yeah!
Yeah!
Yeah!
Yeah!
Yeah!
Yeah!
Yeah!
Yeah!
Yeah!
Yeah!
Yeah!
Yeah!
Yeah!
Yeah!
Yeah!
Yeah!
Yeah!
Yeah!
Yeah!
Yeah!
Yeah!
Yeah!
Yeah! Yeah! Yeah! Yeah! Yeah! Yeah! I don't feel guilty. Choose to use me. I want the woman to pick me up.
The dolphin is too aggressive.
As the rabbit toy.
Yes, yes.
Yeah, yeah, yeah.
Yeah, I agree.
If you had to come back as a fruit,
what one would you come back as?
I'd say a strawberry.
Not a peach?
No, a strawberry because I'm ready to come back
as something that everyone just likes.
Oh.
You don't have to work hard to like it.
Yeah.
You don't have to overcome an ugly exterior.
Hey, you do not hear a lot of people say
that they hate strawberries.
Exactly. Yeah.
It's very, very popular among birth.
Very vulnerable fruit though, in very short shelf life.
Oh, you're so hung up on the lifespan.
Well, because I'm getting, I'm older than you.
No, I'm.
So it's on the front of my mind more.
It's really on the front of my mind this week.
Well, as it should be.
This is the time.
Well, would you come back as?
Are you gonna do shrooms on Friday night,
like Michael Pollan?
No, I don't think so.
Okay.
What fruit do you wanna come back as? Well, I don't think so. Okay. What fruit do you wanna come back as?
Well, I was inclined to think an elephant.
Banana.
A cucumber, eggplant.
What'd you pick?
Well, I'm inclined to say an elephant.
Fruit?
Oh, fruit, we're still on fruit.
Probably an apple, they stick around a long time.
Michigan's known for its apples.
They are tough.
They're tough, they travel well.
You take them on an adventure.
That's true.
You would never take strawberries on an adventure.
Yeah, you can't throw strawberries in a backpack
and like, you're good.
Yeah, that's really true.
But a banana's really good
because it has that protective layer around it,
but it does, again, it goes brown quick.
Very quick.
Yeah. Very quick.
Yeah.
Wait, so now you wanna move to elephant
as opposed to crow?
Oh, right, I already picked crow.
They live a long time, so I'm sticking with crow.
Okay.
But you could be one of those lobsters
that lives 230 years or?
Oh, and also lobsters mate for life, so that's cute.
Yeah, that's cute.
Also penguins mate for life,
but that's too cold of an environment for me.
Yeah, no thank you.
I'm gonna stick with really, really cute dog.
Likeable.
Yeah, with like hair that if people pet me,
it'll feel really nice, like hair play.
Like a golden retriever or a Newfoundland?
You don't know.
I'm not so sure.
Okay, a doodle, that way you could open yourself up
to hypoallergenic people.
Or people that need a hypoallergenic dog.
And people also like doodles a lot.
Yeah, they ask Aaron what kind of doodle he has.
Exactly, exactly.
All right, well that was.
Well, you had a weekend.
Anything you wanna tell me about your weekend?
I went to Bob's on Friday.
That was really fun again.
Great.
I finished my show.
I finished J.G.
Wow, I just got really confused.
Okay, you finished J.G.
What do you mean?
Gyllenhaal.
Oh, you got confused about the days?
I did, because Eric came over on Saturday
because you guys had a girls' dinner on Saturday.
We did.
Yeah, how was that?
So fun.
Yeah, we had a little girls' dinner
for Kristin's birthday belated at all time,
and it was delicious, and Kristin tried lamb.
Oh, she did.
She tried the lamb ragu, she liked it.
Okay, good.
It was delightful.
I heard the cake, I heard that they have got basically
the hot fudge ice cream cake from Bob's Big Boys,
but the very elevated version.
It's a chocolate cake.
It's my favorite cake.
It's so, we had it at my birthday last year, actually.
Buttercream filling?
Not ice cream, but buttercream.
Not ice cream, but it's like,
doesn't taste like regular butter,
I don't know how to explain it.
It's so good.
Liz and I had it pretty much every day
during our egg freezing.
Oh, fun.
And, God, it's good.
It's so good.
Anywho, so if you're in LA, you should go get that cake.
Yeah.
Do you have their mochi cake
that they have on like weekend mornings?
No.
It's like from their pastry window.
Oh, no one even told me about that.
Is it so good? Vincent loves it.
He's like constantly asking for mochi cake.
Oh my God.
Okay, I'll try it. It's really good.
I'll try it.
Anyway, yeah, there's not much to report from the weekend
except that that was a nice dinner
and then I finished, I finished JG.
Was it great?
It had me captive.
Oh good.
I gotta check it out.
Okay, but you know what I didn't know, Kristen told me.
I didn't know that that show is like based off an old thing.
Oh, it's, yes, a movie with the greatest surprise ending
ever before Sixth Sense.
So then.
And I was so curious with this show,
were they gonna have the same reveal?
Because how would it be a big reveal
if everyone already knows about the movie?
Don't tell me, because I don't know.
But I think it's long enough we can talk about the movie,
because this is one of the funnier things I've ever heard.
This is a Will Arnett story.
Will Arnett was at his apartment one day,
you know, 15, 20 years ago.
And so the movie presumed innocent.
Ding, ding, ding, Dan, wow.
Wow. Didn't even plan that.
Bonnie Badalia is the wife, side note.
Oh. Mother from.
Parenthood. Parenthood.
So, and then maybe.
Harrison Ford. Harrison Ford.
Yep. Yep.
Is our guy.
Okay.
So the huge surprise ending at the end of the movie
is that his wife was the murderer the whole time, right?
And he's like either a lawyer or a prosecutor or something.
He's somehow investigating it.
So Will Arnett's watching it at home
and he gets a call from his buddy
and he's like, hey, what's up?
I'm gonna call you back, I'm watching a movie.
And his buddy goes, what are you watching?
And he goes, presumed innocence.
And he goes, oh, okay, call me when you're done.
Will hangs up the phone, phone rings again in two minutes.
He picks it up and his buddy goes, the wife did it.
And then hung up.
Ah!
Ah!
Ah!
Ah!
Ah!
Ah!
Ah!
Ah!
Ah!
Ah! Ah! Ah! Ah! Ah! Ah! Uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, He is really attractive in the show. Well, you'll report when Cooper was making you. It's just always fun to clock who's bringing you online.
There's a lot of sexual activity in the show.
Oh, there is.
Yes.
Okay.
And you see a lot of J.G.'s body.
You do.
Yeah.
And is it phenomenal?
We know he has a great body.
I haven't seen it, so I don't know
if he kept the same one from Rodolf.
I know he changes it a bit.
Yeah, I don't know which body's which,
or the timeline of the shooting.
But whatever one this was is working big time?
Yeah, he looks great.
Yeah, not shocking.
Do you see penis?
Not penis, no.
Okay, butt cheeks?
Yeah, you see his butt.
Oh wow, I can't wait.
Yeah.
I'm really looking forward to that.
I think you'll really like that one.
You'll like his body, and there's other bodies too.
Some female physiques.
Yeah.
I will like those, but I won't admit that I do.
Why?
You're making me admit.
I'm not allowed to do that,
but I can come in a boy's body.
So I just stick. I think that's right.
Yeah, so I just stick to that.
Okay.
Yeah, so I'll like them and I just won't say anything.
Okay, you don't stick to that. Okay. Yeah, so I'll like them and I just won't say anything.
Okay, you don't need to keep saying that.
So what I'll like the most about the female bodies
which I can't say anything about.
Yeah, so now I kind of want to watch the original movie,
but now I know.
I have follow up questions, I'm gonna leave them alone.
What?
No.
What is it?
Did you pause at all?
Yeah, I paused.
Oh, wow.
Whatever, I'm a paramount of puzzle woman.
It's scary to say,
cause these people are in and out of our lives
and you do have to be respectful.
You do, but I'm gonna speak for Jay G.
You can speak for Jay G.
I could text him now and see if this is clear.
I'm just telling you, me personally,
I would never mind that someone did some pausing
and something like that.
I would be very flattered.
I know you would.
We're gonna respect him and we're not gonna ask him.
I think, look, I know you would. All right. We're gonna respect him and we're not gonna ask him. Okay.
I think, look, I think you're probably right
that he would be flattered.
Yeah.
By people pausing.
Yeah.
But we don't. I would.
I know you would, okay.
So we'd establish. I already said that, yeah.
Do you know where I stand on this?
You've established that you would.
And I'm gonna go out on a limb and say most people would.
Most men, most men. Okay, thank you.
Most straight men would.
And gay men.
Yeah, probably.
I don't know enough about that group as a whole.
So I feel a little bit less comfortable assuming, but.
Well, you know Jess would love it if someone had paused.
Of course, but that's a one size, a sample size,
that's small, anyhoo.
What if I started texting all my gay friends now?
I mean, but really think, like, is there someone?
I don't know a dude.
Really?
I want you to really think.
Yeah, yeah, I'm racking my brain.
Unless that person dislikes their own body so much
that they couldn't buy into the notion
that that's really why someone was pausing.
Like if they couldn't accept that someone was pausing
because they were aroused, which is totally possible.
Yeah. Right?
I have friends. Yeah.
Who's an example of,
oh, we have Bobby Leon.
Yeah.
One of my favorite episodes.
And I was watching his ex-girlfriend describe
how much she loves his body.
And she was saying all these things
that for another person would be kind of triggering.
She's like, I love his big pot belly.
I love to rub it.
And so I know she's sincere.
That's her body type.
But there is some guy with that body type
that wouldn't really be able to trust
that she was sincere about it.
Right, but that's a little bit of a tangential
because if he didn't know her and he just heard she paused,
would he like that?
Or are you saying that there could be a person
that's like, when people like me
and then I get the feeling for some reason
that they just like Indian girls,
then I'm skeptical of them and what they like.
Exactly.
So maybe it could be like that with bodies.
Yeah, I just think if you hate your body,
you can't really accept someone actually does like it.
But if you're even neutral on your body
and you found out someone was pausing,
and they were so excited to look at it longer,
I just don't know how anyone could obscure that
into something negative.
Unless, okay, because someone's screaming
at their radio right now.
If you've been a hot woman your whole life
and you've been objectified and stared at in the gym
and harassed by dudes that won't leave you be,
and they found out someone paused on them,
yeah, they're probably over it.
But I don't think any dude has that disposition.
That's what I was not talking about women.
Yeah, I wasn't either.
I don't know why it took me that long.
Because women really a lot would not like that.
I know why, because we were talking about you,
and then also now the gates were open for women.
Yes, but a lot of women would not like that.
It could feel very predatorial and creepy and weird,
but men are in a, it's different.
That's right.
So straight men, most of them.
Well, probably gay too, but we're not sure.
They just don't know.
Yeah.
Is it fine you're not comfortable
speaking hypothetically on what a gay man would want,
but you are on a straight man.
Yeah.
You're already like, you're comfortable
with a completely different gender.
I've had enough interactions with straight men
for me to feel pretty good.
A lifetime of it.
Pretty comfortable.
Anyway, great show. Yeah, great show. And ding ding ding. And I'm gonna pause the fuck out of it. Pretty comfortable. Pretty. Anyway, great show.
Yeah, great show.
And ding ding ding.
And I'm gonna pause the fuck out of it.
Okay, I have a few facts.
Oh, I looked up a little bit of what used to be considered
forensic science that's been debunked basically.
Oh, this'll be a good list.
But there's only a few.
There's almost, oh, there's only a few?
Yeah.
Because virtually all the movies we were raised on,
these are the knockout punch of the trial in the movie,
and they're all bullshit.
I think some of them are still used though,
even the ones that-
Handwriting analysis?
Now mind you, it's funny to say that
because it was dead obvious in the Robert Dyrsk case.
I do believe in handwriting analysis for that.
And spelling analysis, I guess.
That was the real thing.
Misspelled Beverly twice.
But also, I think it's still, well, it is still used.
That case is not that old.
Yeah, I don't know if that actually made it
into the courtroom or not.
Oh, and then.
You know, there's so much other stuff.
There's also, people use blood spatter still.
But okay, so there's a few here, optography.
What is that?
In 19th century Europe, especially in England,
there was a widespread belief that people's eyes
somehow recorded the last thing seen before their death.
Oh my God.
It is unknown where this belief came from,
but it was probably an old superstition enhanced
in popularity by literary works.
Kuhn came to develop studies
on the light sensitive protein named rhodopsin, also known as
visual purple.
He discovered that not only was the rhodopsin extremely
sensitive to light, but under certain ideal
circumstances would act very much like a photography
negative, fixing an image on whatever support it was
currently in.
Ew, after performing some rather gruesome experiments
on rabbits.
Ding ding ding. Ew, after performing some rather gruesome experiments on rabbits.
Ding ding ding.
Okay, so they put the solution in and then they look at the eyeball
and they can see. The proteins.
Yeah. Okay.
I don't know.
I have to imagine there's a ton of interpretation
on what you're seeing,
that little cluster of proteins.
Famously, optography was used
as a last ditch effort to identify Jack the Ripper.
Sure.
The method being tried with the eyes of Mary Jane Kelly,
the supposed final victim of the famous serial killer
with no good results.
Okay, and then anthropological criminology, ding, ding, ding.
Careful.
Criminology. Tread lightly.
Caesar Lombrosco was an Italian physician
and famous criminologist who rejected what came to be called
the classical school of criminology.
By classical school, he referred to the work
of the Enlightenment era philosophers.
In their works, both classical criminologists described
crime as a purely social phenomenon
caused by social problems that brought certain individuals to commit crimes to right or wrong
resulting from said social imbalance.
As such, classical criminology focused almost entirely on the social causes of crime rather
than the personal motivations of the criminal or the characterizations of the victim.
Lombruska rejected this view.
While he admitted that social phenomena could influence the occurrence of crimes,
he argued that the factors that determined
criminal behavior were largely biological
and anthropological in origin.
Lombroso, oh, I was saying Lombrosco,
but it's Lombroso, had the opportunity
to analyze hundreds of criminals.
After many studies that largely focused on anthropometry,
the measurement of the proportions of a human's being body,
he concluded that there were clear physical distinctions
between criminals and non-criminals.
Yeah, that's the field anthropometry
that was heavily weaponized during the Third Reich's rise
and went away.
So they would have these facial pragmatism measurements,
like how much did your forehead jut out
or how much did your-
Yeah, that's what she, it says,
he pointed to a series of physical traits,
which he deemed atavistic,
which represented a kind of involution
that is a reversion to the physical traits of primates.
Lombroso argued that individuals who showed traits
similar to large primates, such as large ears,
sloping foreheads,
widened flat noses, long arms, et cetera,
were clearly less evolved than the rest of humanity
and thus less able to cope with social norms
and more prone to criminal behavior.
Okay, then the polygraph.
We all know about the polygraph.
We do, and what's crazy is they still are giving,
every single one of these docs I watch
about a wrongfully accused person,
or virtually any doc involving a murder dateline,
they still give polygraphs.
I know, but I don't know if that's like-
They're not admissible in court,
but they still do it.
Okay, those were the three.
Do you think you could pass a polygraph?
If I was lying?
Yeah.
Hmm, good question.
I think I could.
I think you could.
I mean, do you know why?
Cause I think, and I do think I could too actually.
It requires a level of compartmentalization
that I think you can do.
Well, my past addiction would suggest so,
but I have a whole technique in my mind I think I would use.
Okay.
Which is I would anticipate whatever question was coming.
Okay.
Did you kill your wife?
And I would work on a definition for kill
that would fall outside of what I did.
So like I would really concentrate on the fact
that like no killing your wife is when you murder her.
You know, whatever thing, I would find a way.
I think that's the key, I don't know what I'm basing this on,
but I've decided if you could redefine the word
they're gonna ask you, you could believe it
as you're saying it.
I see what you mean, but that requires so much.
It's like, think about how many people do this
with cheating, right?
Like is it, oh, is it, well, it's not cheating
to text a coworker naughty stuff.
Their definition would be no, I would have to touch
that person before it's cheating.
Well, this is very arbitrary.
But they probably could pass a lie detector
if they asked, have you cheated on your spouse?
Because the definition they gave cheating
excluded the thing they did.
Does that make sense?
It does.
And I think that is compartmentalizing.
Clinton, right?
Like he was saying,
I did not have sexual relations with that woman.
It was like, he selectively decided
that intercourse was sexual relations.
Right.
You know what I'm saying?
I guess.
And I think he was just lying.
Well, he was lying.
Yeah, yeah, yeah.
I think he knew, he knew he was lying.
But it did feel like he,
his word choice was so specific,
it felt like he was intentionally setting it up
so he could say I wasn't lying.
Cause I say sexual relations is intercourse.
Maybe.
I don't know.
Okay.
Remember a great topic.
That is a way to do it.
But I just think it all requires a profound level
of compartmentalizing.
Yeah.
Like you're tricking your brain
into forgetting a definition.
So you're putting one definition in a compartment
and adding a new one and deciding to live there.
Yeah.
I think that would be the technique at least.
I guess I don't even know if I would pass one.
I've just thought that that would probably be the technique.
Yeah.
Okay, safest cities in America.
I think we've done this before,
but we're gonna do it again.
Okay.
Because you- I always talk about how do it again. Okay. Because you-
I always talk about how safe LA is.
Exactly.
Yeah.
Number 10, Scottsdale.
Arizona.
Nine, Burlington, Vermont.
Eight, Yonkers, New York.
I wouldn't count these cities, by the way.
I think this happened before.
Yeah.
But there's cities, it's not fair.
They are, they are.
Yeah, okay.
I'm thinking of just like St. Louis, Phoenix, Chicago.
You're saying of the kind of violent cities.
Well, just big cities.
Yeah, okay, Casper, Wyoming.
Yeah, you've never even heard of Casper, Wyoming.
Portland, Maine.
You mean Portland, Oregon?
No, Maine.
Okay.
4,000 people live in these? Warwick, Rhode Island, Gilbert, Maine. You mean Portland, Oregon? No, Maine. Okay. 4,000 people live in New Jesus. Warwick, Rhode Island, Gilbert, Arizona.
I'll respect all these places if you live there.
South Burlington, Vermont, I've heard of it.
I think you've heard of Burlington, Vermont.
I have, yeah.
The coat factory.
And from Armchair Anonymous.
We had a Burlington?
Didn't we?
Isn't that where she landed,
the emergency landing of the plane?
Maybe. I think it was Burlington. Oh, maybe. Oh that where she landed, the emergency landing of the plane? Maybe.
I think it was Burlington.
Oh, maybe. Oh, wow.
Yeah, I think you're right.
I guess it's not so safe.
Okay, Columbia, Maryland,
and then Nashua, New Hampshire is number one.
Okay? All right.
It's per capita, It's per capita.
I get it.
I get it.
I get it.
I think those are probably statistically the safest cities
that you've not heard of in the country.
Again, lots of respect to everyone.
Yeah, that's so elitist.
I know, I know.
To only count the ones, the big ones that you know about.
Well, but also I think we could just say objectively,
if you ask 10 people on the street, many of these,
they would not have heard of them.
That's also true.
I'm being elitist and it's also true.
Okay, an FBI study places LA at number five
of the safest large cities in the US.
I can live with that, what are the four before?
A 2023 Gallup poll places LA at number 14.
Well, Gallup poll doesn't work.
Okay, and some other studies.
Hold on, let me tell you why.
Okay, go ahead.
Gallup polls are opinion polls.
I know.
They're not factual polls.
It's not death rate per 10,000.
That's true, that's right.
Thank you, that's all I wanna reply.
And some other studies don't include LA in the top 20.
Theft in LA is reported to be the city's most frequent crime
and violent crimes are reportedly on the decline.
Yeah, and I wouldn't include theft in my measure of safety.
Yeah.
Like having your shit stolen in your car doesn't-
Well, no, it's bad.
Well, it's scary.
Yeah.
But I'm just saying it doesn't make you unsafe
because someone's stealing cars.
Do you wanna know the safest neighborhoods in LA?
In LA?
Seven safest, okay?
Okay.
Santa Monica.
No, Beverly Wood, you know Beverly Wood.
Ish. Yeah.
Palisades.
Sure.
Rancho Park.
Encino.
Sautel, I'm kind of surprised. Well, are we thinking of the, Sautel, I'm kinda surprised.
Well, are we thinking of the street Sautel?
That area like kind of.
Oh wow, cause it's grimy over there.
I know.
No disrespect, I mean you should feel
disrespected, but I lived over there so.
Me too.
Sherman Oaks and then Cheviot Hills.
That makes sense, was Cheviot Hills number one?
No.
Or were you going in reverse order?
I went. Okay, okay.
I don't know.
All right.
Yeah, Cheviot Hills is very nice.
Our neighborhood isn't in there.
Of course not.
And either.
We have one of the busiest police stations in LA.
We do?
Yeah, when I did my ride along,
Los Feliz was part of the Hollywood station.
Oh, Hollywood.
Yeah.
I know, but I count Los Feliz as different.
Sure, but there were, you know, I was with the gang Hollywood. Yeah. I know, but I countless feels it's different.
Sure, but there were, you know,
I was with the gang patrol.
Yeah.
And they rolled up on a bunch of different dudes
with gang tattoos that were-
Well, Hollywood's rough.
Well, in our area.
Really?
Oh yeah, that fucking corner
where the Ralph's shit's popping off there.
By car where I go every day?
Yeah, there was a dude in fact, yeah,
in front of a tree, sellin' some stuff, yep.
Yeah, and remember, someone got shot at the Rite Aid.
There you go.
All right, well. Okay.
So safe. Knock on wood,
knock on wood, everything's fine.
Now if you're countin' theft, I wouldn't even,
yeah, I think we got a lot of theft in LA.
This one says top seven neighborhoods,
safest neighborhoods in LA is Highland Park number one.
I could see that.
You could.
Don't you think?
Oh no, I'm thinking Hancock Park.
Exactly.
Yeah, no, Highland Park, Westwood number two.
You still got the Avenue Boys are over there.
It reminds me of Chicago so much over there.
Yeah, but it says 0.017 crimes per thousand people.
That's pretty good.
Westwood, Playa Vista, Sherman Oaks,
that's the only one on both.
Venice Beach, okay, nope.
Nope, nope, nope, nope.
Throw this list in the trash.
I'm just gonna get the garbage.
Yeah, all right, well, you got what you wanted
and FBI study places LA at number five
of the safest, largest cities in the US.
What are the four above it?
Doesn't have that?
Don't worry about it.
I mean, I wouldn't hate if you did murder.
Murder rates we could do.
Yeah, yeah, yeah.
Okay, should we do murder rates by city?
Lowest murder rate big city.
Oh my God.
Why, that's good.
It feels very.
Cherry picky? Yeah. Okay, let's good. It feels very. Cherry picky?
Yeah.
Okay, let's do cities with most murders 2024, okay?
Oh boy.
This is good, this is from.
But if you don't do rate, it's not gonna be per capita.
It's from realpopulationreview.com.
That's very trusted.
Do you think my legs look as dark as yours right now?
Just occurred to me, I think.
Do you?
That surfing.
Yeah, I think up here.
Okay.
Okay, ready? St. I think up here. Okay. Okay, ready?
St. Louis, these are-
The scariest.
Yeah, highest, highest murder rate.
St. Louis, Baltimore, New Orleans, Detroit, Cleveland,
Las Vegas, Kansas City, Memphis, Newark, Chicago,
Cincinnati, Philadelphia, Milwaukee, Tulsa, Pittsburgh, Indianapolis, Louisville, Oakland, Atlanta.
Yeah, there's not a surprise on that list.
We all made it.
Good job, Atlanta.
But yes, to your point, LA is not on here.
All right.
Well, I think we've talked enough about death for one day.
Great.
And if you want to watch the movie for free,
Sing Sing, remember to go to,
it's on the post for Coleman
and it'll be on the post for Dan as well, where to go.
Great.
And you'll get your tickets for free.
Free tickies.
Go see that movie.
All right. Love you.
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