Matthew Cox | Inside True Crime Podcast - Framed for Life: How Corrupt Cops Sent an Innocent Man to Prison

Episode Date: March 4, 2025

Jeffrey Deskovic was wrongfully convicted of the murder of a classmate at the age of 17 and spent half of his life in prison for a crime he did not commit. Jeffrey was finally exonerated 16 years late...r based on DNA evidence. https://www.deskovicfoundation.orgFollow me on all socials!Instagram: https://www.instagram.com/insidetruecrime/TikTok: https://www.tiktok.com/@mattcoxtruecrimeDo you want to be a guest? Fill out the form https://forms.gle/5H7FnhvMHKtUnq7k7Send me an email here: insidetruecrime@gmail.comDo you want a custom "con man" painting to shown up at your doorstep every month? Subscribe to my Patreon: https: //www.patreon.com/insidetruecrimeDo you want a custom painting done by me? Check out my Etsy Store: https://www.etsy.com/shop/coxpopartListen to my True Crime Podcasts anywhere: https://anchor.fm/mattcox Check out my true crime books! Shark in the Housing Pool: https://www.amazon.com/dp/B0851KBYCFBent: https://www.amazon.com/dp/B0BV4GC7TMIt's Insanity: https://www.amazon.com/dp/B08KFYXKK8Devil Exposed: https://www.amazon.com/dp/B08TH1WT5GDevil Exposed (The Abridgment): https://www.amazon.com/dp/1070682438The Program: https://www.amazon.com/dp/B0858W4G3KBailout: https://www.barnesandnoble.com/w/bailout-matthew-cox/1142275402Dude, Where's My Hand-Grenade?: https://www.amazon.com/dp/B0BXNFHBDF/ref=tmm_pap_swatch_0?_encoding=UTF8&qid=1678623676&sr=1-1Checkout my disturbingly twisted satiric novel!Stranger Danger: https://www.amazon.com/dp/B0BSWQP3WXIf you would like to support me directly, I accept donations here:Paypal: https://www.paypal.me/MattCox69Cashapp: $coxcon69

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Starting point is 00:00:00 And she had the misfortune of coming across a 29-year-old drug addict who was high. He attacked, murdered, and raped her. I got on the police radar because some of the police interviewed a lot of students from the high school. Some people told the police they might want to speak with. And then he wired me up to the polygraph, and then he launched it in his third to be tactics. He raised his voice at me. He got in my personal space. He kept repeating the same questions over and over.
Starting point is 00:00:30 And as each hour passed by, my fear increased in proportion to the time. And he kept that up for six and a half to seven hours. And so towards the end, he said, you know, what do you mean? You didn't do it. You just told me through the test that you did. We just want you to verbally confirm it. Then he added, look, just tell them what they want to hear. And you can go home afterwards that you're not going to be arrested.
Starting point is 00:00:53 So being young, naive, frightened 16 years old, I wasn't thinking about the long term. I would just concern up my safety in the moment. Well, wait a second. This is starting to feel unfair, and I know specifically that I've been told over and over again that the U.S. justice system is extremely fair. They couldn't possibly have made a mistake. Hey, this is Matt Cox.
Starting point is 00:01:20 I'm going to be doing an interview with Jeffrey Deskiewicz, and he is currently an attorney, and was also wrongfully convicted and spent a significant time in prison. We're going to be going over his story. It's super interesting, so check out the interview. I was born in actually a town that doesn't actually exist anymore, at least not by that name. I was born in North Terry Town, which, of course, later became known as Sleepy Hollow. I grew up in Pickskill, New York, which is in West Jersey County, New York.
Starting point is 00:01:57 So it was the suburbs population of approximately 25,000 people. I would say in kind of lived a double life, both in grade school and high school. I didn't quite think of it that way as a double life, but I realized now it kind of was. It was my life in school, my life outside of school. So in school, I was kind of quiet, kind of to myself, I was kind of on the fringes of the society in the school, whereas there was my life after school. So I grew up in an apartment complex. There were a lot of kids that lived there in the surrounding areas, and they used to come over to the complex where I lived at. And I was one of the main two kids in the sense that what we suggested would generally be what we would do.
Starting point is 00:02:45 We're going to go to the movies where I play Monopoly, ride bikes, swimming, bed. basketball, stickball, kickball. We even made up a few games. Yeah, so that's my, I was kind of like an All-American kid after school, but in school I was, you know, had the quiet, I'm a fringes of society. And I fucking thought about why that really is, is, and then firstly, I mean, the kids were a little bit older than I was. Like, I skipped a grade.
Starting point is 00:03:11 I skipped first grade, and I think that that kind of caught up with me. But another thing also is that I was familiar with the kids in the neighborhood and I was not really familiar with the kids that were in school. Okay. Did you ever get in high school? Did you ever get in trouble or anything? No, not prior to what we're going to talk about. Oh, okay.
Starting point is 00:03:34 I didn't get for me to start talking about it. No, it's fine. Okay, so just kind of a regular, I'm not, if there is a regular, you know, upbringing, everybody's either on the fringes or maybe. Maybe they're popular or maybe they're not popular or, you know, nobody really, I don't know that there's really a traditional, you know, growing up. Everybody's got something going on. So what, so you were in high school.
Starting point is 00:04:02 So when did this, did you go to college? You start college or? Oh, well, no, I was, so I was in the year is 1989. I'm a freshman in high school. and one of my classmates Angel Correa who had been or I said I'm a sophomore
Starting point is 00:04:19 high school so she was I was in two of my classes as a freshman one as a sophomore I knew her name she knew my right that was really
Starting point is 00:04:28 the extent of it we weren't even really on a high by basis she had been an immigrant in the country for about a year and a half from Columbia let her shout to
Starting point is 00:04:39 life never really wanted to wear unless she was accompanied by her older sister, or her parents. And so she went missing. She had been in a one of our classes was a photography class, and the professor had assigned the class to take pictures of foliage.
Starting point is 00:04:57 And he had assigned a buddy system, you know, whereby male students, a female system for a students were paired up. And so she went home with her older sister after school. Her sister went to the restroom, and when she came out, Angela was gone. She went off to the park to do the assignment connected to her photography class. The male student who had been assigned to her played hooky never showed up. And so there was an area between Hillcrest, New York, which there's condominiums, and then there's Hillcrest School. And there's a really thick woods with like a macadam path there that
Starting point is 00:05:38 links the two, which is kind of like a shortcut way of getting from one, from point A to point B, rather than going in a big circle on the street. That woods area is pretty thick there. And she had the misfortune of coming across a 29-year-old drug addict who was high. And he attacked, murdered, and raped her. And so her body was missing for electricity. Okay. I didn't realize this wasn't high.
Starting point is 00:06:11 that this all took place in high school. I just kind of, I don't know why. I assumed it was college or something, but okay, so. Yeah, so, I mean, so she's missing for three days. And, you know, and there's an announcement over the high school PA system and, and, and, in the local daily newspaper. And three days later, her body was found in the, it's found in the park area, naked from the way to staff. Basically, it was a, you know, again, it was a city, a population, about 25,000 people or murders, were fairly rare.
Starting point is 00:06:43 So when this murder happened, it created this atmosphere of fear, rumor, paranoia. I mean, parents were bringing their kids to school, picking them up after school, bringing them straight home. There were, you know, town hall meetings held where safety tips and progress of investigation
Starting point is 00:07:00 were given. So I got on the police radar because some of the police interviewed a lot of students from the high school or someone told the police they might want to speak with because I didn't quite fit in. I guess their underlying thinking was people who are quiet to themselves commit enous crimes. I guess that was their thought, ludicatory thought process. But that answers a question of how I got on the police radar. But an additional factor after that is I was a sensitive teenager and this is my first real brush with death and so I had an emotional
Starting point is 00:07:39 reaction. And so the police thought that my emotional reaction was somehow some outward sign of my feeling guilty for what I did because it felt that that reaction was disproportionate to what my actual relationship with the victim was, which is, you know, no relationship at all. I mean, I mentioned choosing a couple of classes, and that was really it. It wasn't even really on a high buy basis. A reinforcing factor is that The police got a psychological profile from the NYPD, which purported to have the psychological characteristics of the actual perpetrator. And I had the misfortune of matching those characteristics. So the profile said that he was, you know, somebody who was like the loner, probably somebody
Starting point is 00:08:28 from high school, somebody that knew her. That really narrows it down quite a bit, right? But it also excludes her running across a random person. It's now, now they're focusing on a peer. Yeah, exactly. So, my interaction with the police, which went on for about six weeks, they played like a cat-mouse game in which half the time they would speak to me as if I was a suspect, you know, the half the time they would pretend like they needed my help to solve the crime.
Starting point is 00:09:05 They would say things like the kids won't talk freely around us, but they will around you. Let us know if you're hearing. Stop in time to time. They always ask me opinion questions and congratulate me like my opinion was correct. They made me feel important. I came from a single parent household. My father was never involved in my life in any aspect. And that intersected with the good cop, bad cop technique.
Starting point is 00:09:31 Where one officer pretended to be a friend and the other. And the other officer took on a more aggressive approach. And in time, I began to look at the officer pretending to be my friend as like a father figure. Also, prior to being a teenager, the career that I fantasized about having when I grew up was to be a cop. So that's unexpected early opportunity to do this quasi-police work was how the police were able to pull the wool over my eyes. you know, that 16-year-old would be able to assist them in an active homicide investigation. So eventually they got me to agree to take a polygraph test. They said we have some no information, which just came in the file,
Starting point is 00:10:15 that will allow you to be even more helpful to us. But first you're going to have to take and pass a polygraph. So the next day, rather than report to the high school, I went to the police station for the test. But instead of giving me the test there, they drove me by car to the town of Brewster, which was in Putton County. So it was about 40 minutes away by car, which meant that I wasn't able to leave anymore on my own. I was totally dependent upon the police. So there were three cops that came with me from Peaks Guild of Brewster.
Starting point is 00:10:51 But then there was also the polygrapers who was a Putton County Sheriff's, and Daniel Seagland's was his name. He was dressed like a civilian, and, you know, he never identified himself as law enforcement. He never read me my rights. I didn't have an attorney present. They didn't give me anything to eat. He gave me a four-page brochure, which explained how the polygraph worked. But I had a lot of big words in it that I didn't understand, but then I figured, well, I'm there to help the police. So what does it matter?
Starting point is 00:11:25 Right. Let's just get on with it. and from there he put me in a small rum and gave me countless cups of coffee that got me nervous and then he wired me up to the polygraph and then he launched into his third-to-big tactics so he raised his voice at me he got in my personal space he kept repeating the same questions over and over and as each hour passed by my fear increased in proportion to the time and he kept that up for six and a half to seven hours. Towards the end,
Starting point is 00:11:59 where was your mother? My mother and grandmother, they were at home. Because it was a school day, they had no idea that anything was not. They didn't go around looking for them. Okay.
Starting point is 00:12:13 And so towards the end, he said, you know, what do you mean? You didn't do it. You just told me through the test that you did. We just want you to verbally confirm it. And that really shot my, fear through the roof and then the officer had been pretending to be my friend he came in the room and told me that the other officers were going to harm me in basketball would harm me that
Starting point is 00:12:35 he had been holding them off that he couldn't do so any longer you have to help yourself here then he added look just tell them what they want to hear and you can go home afterwards that you're not going to be arrested so being young naive frightened 16 years old i wasn't thinking about the long term i would just concern my safety in in the moment You know, so I made up a story based on the information that gave me in the course of the interrogation room and in the six weeks run up to that. By the time everything was said and done, I had collapsed on the floor in a fetal position, crying uncontrollably. Obviously, I was arrested. The interrogation was not videotaped.
Starting point is 00:13:15 It was not audio tape. There was no sign confession. It was just the cops' word for it. Ah. What year was? was this? Yeah, this was 1990, so she went missing in 89, and by the time they extracted this false confession, I mean, it was in 1990. So before I went to trial, the results of a DNA test came in from the FBI lab, which showed that seminal fluid found in and around the victim,
Starting point is 00:13:45 did it match me? But instead of acknowledging they made a mistake, they continued to prosecute false speed ahead. In order to explain the way the DNA, the prosecutor got the matter. exam to commit fraud to commit perjury. When there's an autopsy done, there's written in audio notes, which are taken as the findings are made when they're doing the autopsy. So it was only six months after doing that autopsy, only after the DNA didn't match me, that he suddenly claimed that, try to follow now, this is going to be tricky.
Starting point is 00:14:16 He remembered that he forgot to document medical findings, which he claimed showed that the victim had been promiscuous. which is what opened the door for the prosecutor to argue that that was how the DNA did it match me, and yet I was guilty, that she was sleeping around, that she must have slept with someone prior to my murdering and raping. I thought they were going to go with the old. That just means there were two perpetrators, you and someone else. Right. Yeah, they go with that sometimes, but not in this particular instance.
Starting point is 00:14:50 They took it a step further, and they named another youth by name that they claimed that she had, slept with, but they never set the proper evidentiary foundation for that. So they didn't try to get a DNA test, a DNA sample from him to run the test, for example. They didn't call him as a witness. They just made the unsupported argument to the jury. They got away with that because of two factors, saying, first of all, the victim's family was not coming to court, so they had no idea what was being said about in the courtroom if they were trashing her reputation in the further than to try to convict me. And secondly, my public,
Starting point is 00:15:28 the public defendant that I had essentially didn't defend me. He'd never interviewed a call as a witness, my haliby. I was actually playing with the ball and the crime happened. He rarely met with me. When I tried, when he did meet with me and I tried to explain to him that I was innocent
Starting point is 00:15:44 and what happened in the interrogation room, he was always shutting me up. One time, he told me he didn't care if I was guilty or innocent. my lawyer never explained to the jury the significance of the DNA not matching me he never used that to prove that that proved that proved that the confession was coerced and false he literally never cross-examined the medical examiner and my lawyer should
Starting point is 00:16:13 never represent me in the first place because of the conflict of interest so this other view that the prosecutor was falsely claiming had slept with the victim was represented it by another attorney at the same public defender's office. And so that conflict prevented the defense from asking him to give a DNA sample. It prevented the defense from calling him as a witness to explode the whole unsexual sex theory. He wouldn't allow me to testify. I mean, I wanted to testify because the interrogation had not been video audio tape. When the cops came to court, they left the threat and false promise out of their story.
Starting point is 00:16:51 And so I wanted to add those facts to the record, but he wouldn't allow me to testify. He said that his one lost record was better when his clients did not testify compared to what they did. Well, probably his clients had a preexisting record, and if they took the stand, then they could be asked questions about that. But that really didn't apply to me because I had never been convicted of anything. then he said it wasn't up to him to prove that I was innocent, it was up to the prosecutor to prove that I was guilty.
Starting point is 00:17:27 And, you know, that really is a legal principle that's very naive. You have to really try to prove your client's innocent, or they run a risk of possibly being wrongfully convicted, especially in the confession case. You know, you have to answer that confession. You have to explain the confession. You have to disprove the confession, you know, bringing it all together in your closing argument.
Starting point is 00:17:47 but he didn't do any of that. Sometimes he told the jury that the confession never happened. Sometimes he told the jury that it did happen, but it was coerced. And then other times he said that it was false. So by taking this throw mud against the wall type of approach, he had to have been standing there with, you know, no credibility at all in front of the jury. There were a few other irregularities.
Starting point is 00:18:13 I mean, despite there being a general rule that polygraph test results not admissible in court. The judge created a backdoor rule. He allowed the polygraphers to repeatedly tell the jury that I failed. He said, well, the confession is alleged to have happened when you were attached to while during the polygraph. So he allowed the polygraphers to repeatedly tell the jury that I failed the polygraph while blocking my attorneys from asking any questions on the methods he used to arrive at his opinion. The victim, clothes, including the bra, had been entered into evidence, and the jury asked to see the bra, which was important because that intersected with one of the statements in the false confession
Starting point is 00:18:58 where I said that I ripped her bra off. And it was at that moment that the judge said that the clothes had been left, including the bra, had been left in the courtroom over the weekend, and that the janitors apparently thought it was garbage, so it had been thrown out, and so it wasn't available anymore. And lastly, the jury sent out a note on the third day of deliberation. They asked the judge, well, if we don't come up with an anonymous verdict, you know, if you don't come up with a verdict, are we going to be kept sequestered over the Christmas holiday? And the judge told them, yes. And I learned very here state her that it was 11-01 for a conviction at that point.
Starting point is 00:19:42 There was a holdout juror who thought it was innocent, but they were all pressuring him. And when the answer to that person came back, that ratcheted up the pressure. And that was why he, no one wanted to be there over the Christmas holiday. So that was why he switched to vote. And so ultimately I was convicted of a murder and rape, which I did not commit. And I was given the 15 to life sentence because I had been charged as an adult. and I was set to amends maximum securities. Wow.
Starting point is 00:20:16 You know what? The interesting thing, I mean, other than just, you know, what an egregious act, is that I'll bet you the prosecutor and those detectives just broke their arms patting themselves on the back, telling themselves that they did the right thing, went home, slept like babies, don't think, didn't think a thing about it. Yeah, I would, I would agree with you on that. Yeah.
Starting point is 00:20:47 Um, so, okay, so, what, so you, you, you, you get shipped off to prison. Right. Right. You're processed. You get shipped off to prison. Right. You're how old again? I'm 17 by this point. 17 and they send you to a maximum security prison. Yes. You had to have been put in, like, protective custody or something, right? I mean... No, they put me in general population. When I arrived in Melmira, they asked me, well, do you want to go to protective custody? And, you know, very naive, I said, well, you know, what's that?
Starting point is 00:21:27 And they said, well, I mean, we would, you know, if you told us that you felt that your life was in danger because of the charges, then, you know, we would put you in a cell. and you would be there for like 23 hours a day. You just come out for an hour. You come out by yourself and watch the television to take a shower or use the phone. And, you know, that would be it. And, you know, I mean, I really was kind of beside myself. I couldn't believe I had been, you know, found, been arrested and wrongfully convicted. And, you know, given a 15-a-life sentence and I'm in prison.
Starting point is 00:22:00 And now, you know, I couldn't believe all that had happened in the first place. And, you know, I really wasn't used to being in a cell at that point. So, you know, I couldn't see myself, you know, agreeing to protective custody, which would, you know, make the situation worse. You know, so I may, I embarked on this line of reasoning. So I'm already doing a life sentence, so I'm not going to agree to make this worse. I'm going to go to a general population and take my chances. And if somebody kills me, well, then I guess I don't need to worry about doing the rest of this life sentence. Could you imagine thinking that?
Starting point is 00:22:38 that each that's a horrible situation yeah it was a mara there was um three or four stabbings or cuttings every day there was gang other violence that didn't involve weapons there was gang activity cumulatively there was a general environment of violence and adrenaline that permeated the air you know the guards were were some were professional did their job but a lot were not a lot of them were dangerous and you know some of them were lazy and they'd look the other way and walked in the opposite direction and violence was occurring so that they didn't have to break anything up physically or file any paperwork. The food was sometimes burned. Other times it wasn't fully cooked. They had a system of maintaining order
Starting point is 00:23:26 in a prison. They were called keep-off, which involved, if some of us found guilty of breaking a prison rule, they would be kept in a cell at 23 hours a day out of the 24. It would send you less food, sometimes it will be three or four days old. You could take two showers one week and three the next rather than daily as the rest of the population. You could not go to the commissary, which is the way of going to the store in the prison, so you couldn't purchase hygienic items or food items while you were on that status. It would give you one hour a day recreation by yourself in a small caged area with maybe a pull-up bar on it if you were lucky. You could use the phone while you were on that status. So there were a bunch of times in the course
Starting point is 00:24:06 of my incarceration where I was assaulted one time in which I nearly lost my life, but beyond dealing with the physicality of that, I was subjected to those sections because in prison, if you are defending yourself, then that obviously meant that you were fighting. Right. I tried to minimize the loss I experienced while I was in prison. I got the GAD. I got completed a bunch of vocational trades. I got an associate subgrated. I completed another year towards the bachelor but then the silver lining was taken from me the college funding for college education for prisoners was removed then i just again did more of the trades and i started reading non-fiction books and of course i was going to a law library to learn the law to try to proactively work towards
Starting point is 00:24:53 my exoneration because i didn't trust attorneys to defend me anymore on my yeah i was going to say gee i don't know why yeah yeah um My mother used to, I had, my mother used to come see me, but not in the last five years. The last five years, she would come back once every six months. My mother passed away while I was in prison. I had several sets of aunts, uncles would come and then would disappear for three years. I'm in disagree. So in many respects, though not literally. I mean, I, for most intensive purposes, I did the time by myself as what it amounted to. Towards the end of the sentence, in a moment, the correctional officials told me if I wanted to have any chance at all of making parole, I would have to take it past the sex offender training program. But the problem was, there was a guilt admission requirement tied to that everybody in the class would be expected to admit guilt to the other persons in the class. The instructor simply saying that one was guilty was not enough. They wanted a complete blow-by-blow account, and they wanted it all in writing and failure to complete any aspect of that would result in automatic removal from the program and being deemed to have refused to complete the program, kind of similar to a he type of philosophy. Right.
Starting point is 00:26:23 You have a problem before you can make any actual progress on it. So in the end, I decided not to take the program. Did you want to ask something about that? I I well what I wanted to ask is you know you're you're going in as a rapist murder essentially a sex offender right that's right yeah exactly right into a maximum security prison yeah how I mean I understand you said you had there was several you know there was you know altercations but I mean how are the other inmates are you being told like hey you can't you can't you can't watch TV. You can't do this. You can't walk on the rec yard. You can't. Like, is that, is that happening at that prison? Or are they saying, or are you saying, hey, I went to trial. I'm not guilty of this. And the other inmates. Yeah. Yeah. Well, yeah. Yeah. I mean, I did say that to some people. I did say that to some people. I mean, I did get transferred. I didn't stay in on my
Starting point is 00:27:27 the whole time. I did get transferred to other, to other facilities. I would, say I had more problems in the other facilities than in Elmira. But, you know, people, you know, sometimes people found out what I was incarcerated for and, you know, that motivated them to attack me. I mean, I did have some conversations with people a couple of times and I, you know, I showed them my paperwork where it shows, you know, the DNA did it match me and, you know, that restrained a few people, you know, so it works sometimes, but not, not all the time. No, well, inmates aren't known for, you know, well-thought-out responses. So, I mean, I can see them, you know, they hear guilty. And even though, you know, most of them want to say that, you know, they were, they were bamboozled by the, you know, by the, you know, by the government, you know, whatever, the U.S. Attorney's Office or the State Attorney's Office, you know, in their case, and they didn't desire this much time. They didn't. But the moment they hear somebody has a charge of, oh, he's a
Starting point is 00:28:30 there. Oh, that scumbag piece of garbage. What are you talking about, bro? Like, you, you said you shouldn't even be here. He said he shouldn't be here. Like, they're always quick to jump on somebody. Even though, yeah, I was going to say, even though, you know, when you get up there for sentencing, the prosecutor makes you sound like the biggest piece of garbage. And you all right, you know, like, hey, that's not true. That's an exaggeration. He's, you know, that that's not. that never happened at all, you know, in your own case. So, but then guys jump on each other. You know, they're always, I don't know, whatever.
Starting point is 00:29:08 People are assholes. No, I agree with you. When I went to the parole board, I knew they were in the habit of rubber stamps, nine applications, anybody that I had been found guilty of a violent crime. So I kept raising the issue of my innocence to try to protect myself when I referenced the DNA, but they didn't want to hear that. So, though. So at the end, they asked me in a question about,
Starting point is 00:29:30 regression replacement training program, I gave him the answer. And that's when a different commissioner piped up and said, well, that's good, Mr. Descovic, because you're going to need those skills once you return back to society. Good luck. And, you know, they don't give me the decision right there at the spot. It's mailed via institutional mail three days later. And I actually walked around the prison for the next three days thinking that I had somehow divide the odds and that I would be going home.
Starting point is 00:29:58 And when I got the decision in the mail, it said I had a good disciplinary record. I had an excellent educational record. Then I had some letters to support, including from a prison chaplain. But that nonetheless, I had been found guilty of a brutal senseless crime. And therefore, they wrote to release me would be too lessened it seriously. So they ordered me to appear in front of them two years later. And it seemed kind of certain at that point I was going to die in prison. on a wrongful conviction.
Starting point is 00:30:30 You know, the other aspect of the incarceration and one I mentioned here that it didn't recount is, you know, that I had to keep fighting off feelings of hopelessness, helplessness, thoughts at giving up suicidal ideation, you know, all those things were
Starting point is 00:30:46 with thoughts that I had to, that I had to deal with. So I'd like to change gears a little bit and share how I was exonerated and proven this. At what point? How long had you been locked up at this point? 16 years.
Starting point is 00:31:03 16 years. Okay. Yeah. So, I mean, while I was in prison, I was appealing my case. When I went to the L division, my lawyer argued that my, you know, the manner which I had been questioned, you know, violated my rights, that the evidence throwing out, the blocking my lawyer from questioning the polygraphers, DNA was made use of, you know, the legal insufficiency and that they, you know, that they, hadn't proven guilt beyond a reasonable doubt.
Starting point is 00:31:31 The verdict was against the weight of the evidence. A whole slew of issues about 10 in all had been argued, and I thought all the arguments were really super solid. And the court ruled that I was free to come and go. And so, you know, I had my rights had not been violated by the matter of which I had questioned. They wrote that there was overwhelming evidence and guilt, which kind of is a head scratcher since the DNA didn't match me.
Starting point is 00:31:56 and they knocked out all the rest of my issues in one sentence. They wrote that they looked at my remaining contentions and found them either to be without merit or else not preserved for review. And they ruled against me five, nothing. And it was all downhill from there. The argument motion was denied in one word. Denied the New York Court of Appeals,
Starting point is 00:32:20 the New York State's highest court is it's a two-step process. You have to get permission to appeal to them before they'll agree to hear, you actually hear your case, and they declined to give me permission to appeal to that. So, a certificate of eligibility? That's right. Certificate, close. Certificate of appealability, yeah, did not, did not issue, was not issued. I filed the habeas corpus petition, which is when a state prisoner is arguing that they're
Starting point is 00:32:47 being held in violation of the constitutional rights. So I lost the habeas petition because my lawyer, was given the wrong information pertaining to the filing procedure by the court clerk. So as a result of that misinformation, the petition arrived four days too late, which the court ruled at the urging of the then Westchester District Attorney, Janine Piro, her office urged the court to simply rule that I was late without getting to my issues. And so the court did that. And now I was time barred. So I, yeah, I mean, I, I, I, I, I, I, I, I, I can't win for lose it, okay?
Starting point is 00:33:28 I can't lose it. So I appeal that ruling to the Federal Court of Appeals. The two judges there were Rosemary Pooler, more importantly, future U.S. Supreme Court Justice Sonia Sotomayor and the, yeah, the so-called empathetic Latina. And my lawyer argued that, number one, this was not a delayed by me and my attorney, but by the misinformation by the court. clerk, which I think is reasonable enough. She argued that upholding that rule and would cause
Starting point is 00:34:04 a miscarriage of justice to continue, which kind of links back to the DNA and innocence, at least as a contextual matter. And last day that overturing the procedure of ruling against me would open the door to a more sophisticated DNA testing. So again, the district attorney opposed, and the two judges ruled with the district attorney. They upheld that ruling. Then those same two judges rejected my re-argument motion. We requested all the judges in the circuit to hear the court and make an elected decision.
Starting point is 00:34:41 And then the U.S. Supreme Court declined to give me permission to appeal. And that marked the end of my appeal. So that seven appeals lost. I've got 11 years in now. well wait a second this is starting to feel unfair and i know specifically that i've been told over and over again that the u.s justice system is extremely fair they couldn't possibly have made a mistake i that is the thought that people think but i don't i don't think it's i think i feel confident that hasn't been your experience hasn't it has not been my experience
Starting point is 00:35:18 nor the experience of another experience of many other people. So the only way back into court once your appeals are over is if there's a retroactive ruling in the law. A new law has been passed, you know, or has been
Starting point is 00:35:35 made by the courts and then it's been, you know, retroactive. So it's either that or find some previously unknown evidence of innocence, which probably would have led to a different help. So because I didn't have any money to hire an attorney or investigator, I began this letter writing campaign for four years,
Starting point is 00:35:56 writing anywhere, everywhere I could possibly think of that could, you know, that could help me. So that really was my legal work for many years. And then as I mentioned, I went to the parole board and I got the door slammed there as well. But ultimately, I was exonerated because one of those letters, found its way to investigate what are you whitman in? She wrote me and I showed her the DNA test results. I mailed a copy of that and she was convinced on my innocence at that point. And then she tried to get people to take my case and one of her ideas was the winning one.
Starting point is 00:36:36 She suggested I write the Innocence Project again. I wrote them back in 90, now part of the letter writing campaign back in 1993, but she said, Look, the prior denial is irrelevant because the DNA data bank has been created. So I wrote them, I filled out their application, and then I forgot about it. I looked for other ways of getting representation, none of which worked out. But I learned many years later during that six-month time period of waiting that one of the intake workers was not an attorney. with the Innesus Project attorneys didn't want to take the case. She represented my case to them.
Starting point is 00:37:16 And when they said no again, she represented it a third time. And this time she got it across using an idea that I had given her about the DNA database. So getting a representation was the first key. The second key was that Piero left office and her successor was not, didn't have her heel. So she allowed me to get the testing. And the third thing is we got lucky that the actual perpetrator's DNA was in the database. And so it matched him. So his DNA was only there because left free while I was doing time for his crime.
Starting point is 00:37:51 He killed a second victim three and a half years later after killing the victim of my case. She was a school teacher and had two children. So September 22nd, 2006, the conviction was overturned. I was released. I went back to court November 2nd, 2006, at which point all the charges were dismissed against being on actual innocence grounds, and the actual perpetrator was subsequently arrested and convicted and sentenced for the crime. What's going on YouTube? Ardap Dan here, Federal Prison Time Consulting. Hope you guys are all having a great day. If you're seeing and hearing this right now, that means you're
Starting point is 00:38:28 watching Matt Cox on Inside True Crime. At the end of Matt's video, there will be a link in the description where you can book a free consultation with yours truly Ardap Dan, where we can discuss things that could potentially mitigate your circumstances to receive the best possible outcome at sentencing or even after you started your prison sentence. Prior to sentencing, we can focus on things like your personal narrative, your character reference letters, pre-sentence interview, which is going to determine a lot of what type of sentence you receive. If you've already been sentenced, we can also focus on the residential drug abuse program, how you can knock off one year off of your sentence.
Starting point is 00:39:03 Also, we have the First Step Act where you can earn FSA credits while serving your sentence. For every 30 days that you program through the FSA, you can actually knock an additional 15 days off per month. These are huge benefits. And the only way you're going to find out more is by clicking on the link, booking your free consultation today. All right, guys, see you soon at the end of the video. Peace. I'm out of here. Back to you, Matt.
Starting point is 00:39:23 If that happened today and they said, hey, they're semen and they ran it against everyone, would it stay in the system? if it was uploaded yeah so they have what's called the keyboard search but they don't upload it it goes up and it compares to everything and that's it right but they don't score it right but then there's another thing when they do actually upload it then it stays there and periodically another test is running to see it to see if it matches anybody anybody else okay so the the innocence project had to get them had to get the DNA upload it it matched Because what I was wondering was, well, okay, well, you're saying that he'd killed someone else and they, they retested his DNA.
Starting point is 00:40:08 And I was thinking to myself, well, why wasn't it already in the system? But you, but you just didn't. Yeah, right. Yeah, I just answered that. Okay. So my second question is when you got that, when you got that news, you were incarcerated. Did they, did the, did the lawyer come see you? Did they just say, call the office?
Starting point is 00:40:33 Yeah, the lawyer came to see me. And so I'll tell you the story. Okay. We're here for. Right. So the prison guard opens my cell door, you know, when that happens, just supposed to walk down and, you know, see why they opened your door for. And, you know, and he told me I had a visit.
Starting point is 00:40:52 And I said, well, can you double check that? Because I'm really not expecting anybody. So they double-checked it and, you know, sure enough, I had a visit. visit. So I remember running back to my cell and I, you know, it was kind of a tradition to keep like a visiting room shirt because this is the one opportunity you kind of, kind of sort of make a public appearance, you know, so you have your best shirt. So, so I'm hurrying up to the visiting realm of buttoning up to button down shirt and then I'm thinking, yeah, thinking who the hell came to see me, right? So when I get in the visiting room, this woman is like waving at me
Starting point is 00:41:28 like this and, and I wait back, but I'm thinking, well, maybe she's infusing me with someone else, or maybe she knows me from a different facility. So I asked the guard, well, where's my visitor? And, you know, she told me, well, the lady right there, but wait, don't, don't you know who it is that came to see you? So not wanting the visit to be canceled. I just quickly lied to her and said, yeah, of course I do. And I walked over there, and she told me, you know, that she was, the name was Nita Morrow since she was my, you know, my attorney. And, and I was, and And, you know, by this point, having lost a lot of appeals, sometimes on technicalities, you know, like my antennas are up. I'm looking for anything out of the ordinary that might spell bad news.
Starting point is 00:42:09 So she says, well, you know, the items have been tested. And I'm like, well, what are you talking about? The items are not supposed to have been tested for another month. And she says, no, no, the items were tested and the results match the actual perpetrator. You're going home tomorrow. and I said no I'm not and we went back and forth like two more times now and I remember just my head kind of spinning and all these thoughts running through my head one after the other one thought having nothing to do with the other and none of them having anything to do with you know what
Starting point is 00:42:45 she was there to talk to me about and she was sitting there I had this like three-hour mental paralysis she's holding my hand and every now and then she cuts in and says are you ready to talk about tomorrow? I'm not. Hold up. Get that away from me. I'm not not entertaining that. Play with me like that. Not going home.
Starting point is 00:43:06 No. And what made it real at the end was that what made it real was that she looked up at the clock and said, look, for the visiting, how is there almost over? There's a ton of work to do between now and then. I got to get your suit size. And, you know, and, you know, you can. clothing sizes and everything and that made it real and I felt better for five minutes
Starting point is 00:43:32 and then a different thought came in raghead and I thought well something's going to happen between today and tomorrow they're going to change their mind and they're going to do what they always do which is fight and win so that was how I that was how I got the news what so So they, the next day, they come, they pick you up, they drive you to court. Yeah. They're pressed there? Yeah, there was a ton of press. There was a ton of press in the courtroom and outside of the court.
Starting point is 00:44:08 You know, they had my extended family. My mother came and my extended family came. And I remember when I went outside at the press conferences, my trying to speak, I remember saying, is this really happening? you know because i thought i thought i finally did it i thought i finally managed to lose my mind and that that was break up and you know still be in the prison cell and see the cell wall and sell bars and you know hear all the all the other cues and clues to remind you you're here in prison yeah um so i mean i just yeah what happened in the courtroom what
Starting point is 00:44:47 yeah so i mean when i i uh so when i came in the the courtroom, I saw Barry Shack and my other lawyer at the Innesus Project, and he Shaq leans over and says, well, I spoke to the judge and the chambers and you're definitely going home today. And then he said, do you want to say something to the judge? And, you know, but then the judge came. So the case is supposed to come back in front of the same judge that presided over the trial. He was still on a bench, but he ducked the assignment. He didn't want to, he didn't want to be a part of this. Yeah, exactly. So I had the impression from the rush in and a rush out that this judge got stopped doing this.
Starting point is 00:45:26 You know, he really, that the joke, you know, he really didn't want to have any part of it either, but he was just stuck. He was the low man on the, on the throne fall. So by him running out, I didn't get the chance to say anything. What about the U.S. prosecutor,
Starting point is 00:45:40 or sorry, the state prosecutor? Yeah, so my lawyer mentioned, you know, the DNA never matched me, that it, you know, then they went to the data bank and it matched the actual perpetrator, and that person had made, they committed the crime, and then the state prosecutor, you know, said the same thing my lawyer did. And, you know, they both agreed in asking for the conviction to be overturned and me to, to be released. It was just the same U.S. prosecutor?
Starting point is 00:46:08 No, no. Same state prosecutor? Oh, it was not. No, none of the people, none of the people were the original people that were involved in the case. So for the next, you know, I mean, it was very difficult transitioning back to, to society. Wait, one more question. Did the state prosecutor give you, you know, my bad or, you know, hey? Yeah, yeah, but, well, wait, yes.
Starting point is 00:46:32 The short answer is yes. It's, for me, it was a bifurcated process. So they overturned the conviction and then we went back to court like six weeks later. Then the charge would dismiss. And that's when the prosecutor, you know, gave me a symbolic apology. But she was not the prosecutor that was, you know, had prosecuted me. You know, said I got a symbolic apology from the district attorney, but she wasn't the eighth time this happened. I got a symbolic apology from the judge, but that was not the one who presided over the trial.
Starting point is 00:47:02 Right. Okay. Sorry. Go ahead. You were saying... Yeah, I was just going to discuss what it was like, you know, trying to put my life back together again. You know, I mean, I used to go to a mental health professional at four times a week. I had six years with dealing with a psychological after effects.
Starting point is 00:47:18 It was a stigma involved. You know, I was in prison for 16 years. years wrongfully, yeah, but I was still there for 16 years. So, you know, how much of that rubbed off on you? Is it safe to be alone someplace with you? So definitely that's been a challenge in terms of personal relationships. It was awkward when I meet up with my extended family because most of them had never come to see me in the few that did. It was few and far between. So they had in effect become strangers. So who I knew was intellectually, but I was a different person and so were they technology was different self-lossed GPS internet hadn't been
Starting point is 00:47:55 created a culture was different cities look cities uh cities cities look uh different i was released with nothing um i was never was always passed over for gainful employment i did get a job as a weekly columnist but they only wanted one article a week i was making money doing speaking engagements but internationally not a consistent form of income so things were very difficult financially lack stability at housing. I bounced around from place to place. At one point, I was a couple of weeks away from the homeless shelter. Mercy College, which gave me a scholarship to finish the bachelor's degree,
Starting point is 00:48:32 they allowed me to stay on campus that gave me the meal plan. So that was how I avoided that. But I want to say that I had some particular challenges, though, just because my incarceration spanned from age 17 to 32. I mean, I had never before lived alone. I hadn't had a driver's license. I never went shopping. I had never wrote a check or balanced the budget.
Starting point is 00:48:57 So all those things were new and difficult. I understand. Did you go through a period of time when you felt like like the doorbell would ring or you kept feeling like they were going to come and say we made a mistake yeah i did i did have that feeling and and then i also you know had had a feeling like like for a while it took me well like i still felt like i was a prisoner that just somehow or another managed to somehow get loose and get free yeah there definitely was that
Starting point is 00:49:47 saying and you know for a while i i you know i would like feel something in the back of my my head i mean not not literally but almost like a metaphorical tapping on my shoulder and well what are you doing like everybody else belongs here but you don't but you realize that you you you realize that you don't but but but nobody else does you know what are you you you know what are you doing out out here again so in state in in in the state prison system Do they have like a four o'clock count where you have to be standing up in your cell? Yeah, they do.
Starting point is 00:50:22 Yeah, about 420, but yeah, they do. They do. I was going to say, so around 3.30, 345, for probably the first, I'm telling you, over a year, I would feel extremely anxious in my chest. Like this, I would get this anxiety like I need to be somewhere. You know, and I knew, you know, I'm supposed to. to be standing up in my cell at 4 o'clock. They're going to come around to count. You have to
Starting point is 00:50:50 stand there and you stand there and you'd be quiet in the hole. The only time the dorm or the unit was quiet. Because every time, you know, most people, they think of prison, they think, oh, you're isolated and it's quiet. I prayed for isolation. It was constant noise and banging and screaming and hollering. But yeah, there was the only time the unit was quiet. And I, you know, just 10, 15 minutes beforehand, you always feel like, you know, okay, we got to hurry up, I got to hurry up. I got to get my cell. I got to get my cell. You didn't want to be caught outside your cell. Now, I was in a medium at one point. They had a door. So obviously, you know, there's lockdown. But I was also in a open bay and you just basically just had to be in your cell. You just run there and you go there.
Starting point is 00:51:32 But I felt like that for over a year. And I did. I kept thinking they're going to, they're going to realize they made a mistake. Like they're going to come get me. Oh, I mean, a lot of the same things you're talking about. Like even, you know, dating someone, it's, yeah, they, they, they, they, they, they, they, they, it's a, it's a, it's a, it's a, it's a issue, you know. Sure. And then on my end of it, you know, um, really not knowing how to read body language or signs and, you know, sometimes being, being, being, being, being, being dense and then being concerned, I'm going to miss a sign and it's going to be a miscommunication. But then also thinking, like, I didn't have some fear like I thought that somebody was going to say that, you know, I tried to rape them or something like that. It wasn't that. But I did have the fear. I did have the concern that somebody was going to say,
Starting point is 00:52:25 well, he made, he made me feel uncomfortable. So that, that I, that I, that I did have. And so, you know, there were many times where I kind of, kind of kicked myself in the pants. Well, you know, I was attracted to this person or that person, but I never said anything and I never asked them, you know, I didn't ask them out. I didn't try to get a phone number. And, you know, you know, approach dynamics, you know, in different settings was all, was all, you know, a challenge. And, you know, it's really just like a short three questions, right? Well, what do you do? And, you know, how'd you get into that? And then the whole damn thing is out on the table. But on the other hand, a couple of times I did go the opposite route. And, you know,
Starting point is 00:53:10 I just didn't say anything. But, you know, as we're going to unfold in the story, I mean, you know, I was an advocate and, you know, ultimately I'd become an attorney and civil rights advocate, you know, on behalf of the lawful convicted with a nonprofit. We're going to get into all that and a few. But for now, my point I want to make is when I did go the route and I didn't say anything about anything, you know, I mean, I can't really talk about what I do because of those three questions. But then when I don't at all, nothing, it almost felt like I was living like a double life, though, because that was. such that's my advocacy work now is such an integral part of who I am or what my life is so I experienced it that way yeah no I I I understand that yeah yeah you really you really have to address it you just have to address it pretty much up front even though you're going to
Starting point is 00:54:05 lose a few so but I'm sorry you so so now you were you had said you had gotten a A scholarship? Yeah, I got a scholarship from Mercy College so that allowed me to finish the bachelor's degree. They allowed me to live on campus. So I avoided the homeless shelter that way. They gave me the meal plan. So actually, yeah. And, you know, I, so all those difficulties, but I'm on the campus.
Starting point is 00:54:35 I'm finishing the bachelor's degree. I began an advocacy career, which had the elements of speaking, you know, up and down New York, across the country. I was making some money doing that. I was the weekly columnist, as I mentioned, so I'm writing. I figured out how to keep the media coverage going. As long as there's some new angle or something new, I can keep that going rather than the normal five minutes of fame that then disappears. You know, so I'm doing regular television, radio, print media interviews, ultimately new media when that becomes a thing. So I'm trading privacy for awareness. And I got introduced to meeting with elected officials. So I'm regularly meeting
Starting point is 00:55:17 with them, urging them a pass wrongful conviction prevention policy. The law is the laws, basically. Right. So I did that for five years. I didn't get into law school. And then I decided to get a master's degree. I thought having the additional credential would make me a more effective advocate. So I wound up getting a master's degree from the John Jay College Criminal Justice. My thesis was written on wrongful conviction, causes, and reform. My thesis was written on wrongful conviction, cause, and reform. I figured that the extra credential would make me a more effective advocate. And then I got some financial compensation.
Starting point is 00:55:59 You know, the year of state, you can get compensation from the state, and then also file a federal civil rights lawsuit against the entities that were responsible. So I got financially compensated and I decided that I wanted to go to the next level. I wanted to continue the advocacy work I was doing as an individual, but I wanted to do it from a nonprofit perspective and be able to be involved in helping to free people. So I used some of the money, I used a lot of money, not all of it, but a nice portion of it to start the Jeffrey Descovic Foundation for Justice. And, you know, we've been able to help free now from when we opened our doors in 2011 until now we've been able to free 13 people.
Starting point is 00:56:46 And we've been able to help pass three laws. And then another six was part of a national coalition group. And at some point, I became not satisfied with sitting in the front row of the courtroom. I wanted to be able to sit at the defense table and represent some of the clients, make some of the arguments. So I recently had my first success as a lawyer helps overturn Andre Brown's conviction as co-counsel. He was in for 23 years. Overall, the authorization, we currently have 13 active cases, and there's another five that are approved. but waiting.
Starting point is 00:57:33 And so now I continue the same work, but, you know, I am, I do have a case load. I do have people that I'm working on, and the case I'm working on, and we're doing policy work in New York, in Pennsylvania, California. Pennsylvania is one of 12 states that does not compensate promptly convicted people. So that's a border state to New York. So the foundation through our coalition, it could happen to you, which I'm an advisory board member of, and the foundation is part of we're working on trying to pass, It's on a recompensation.
Starting point is 00:58:02 In New York, we did pass the country's first oversight commission for prosecutors, for the commission of prosecutor conduct. And, you know, we're working on some other bills in New York. We helped to improve our discovery laws that pertain to sharing information between the defense and the prosecution. So it went from being one of the worst dates in terms of discovery to one of the better ones. I worked on a number of bills that would prevent awful conviction by coer's false confession, So firstly, I want to mention that coerce, false confessions have caused wrongful convictions
Starting point is 00:58:35 and 29% of the DNA proven wrongful convictions with particularly vulnerable populations that people have mental health issues and youth. So there's a bill called the Youth Interrogation Act, which the Foundation is active with, you know, coalition partners trying to pass, which would give a mandatory right to counsel for 16, 17-year-olds and kids younger than that, saying that they would have to consult with the lawyer to explain their rights before, they would be in position to then make an intelligent decision about whether they were going to waive them or not. There is a general law in New York that says that custodial interrogations are supposed to be
Starting point is 00:59:11 videotaped, but when that law was asked, it made exceptions for homicide, sex offenses, and drug cases, so we're trying to get rid of those exceptions. Like you suggest, what's the point in that? That's the cases we need it the most, right? Right. And then it's what's called a police deception. Bill, which recognized it would have passed, I mean, it would recognize that the police lying to suspects in the course of interrogation, that that's inherently coercive, so it would
Starting point is 00:59:39 ban the cops from lying in it in interrogations. So those are the primary bills that were working. I'll try to pass the, we just passed, and we're waiting for the, trying to get the governor to sign the challenging wrongful convictions. So in my story, I mentioned that I wrote letters for four years, you know, trying to get some to take the case. So that's because the courts, defendants don't have a right to counsel and post-conviction proceeding. So this would give people an indigent defendant's a right to counsel. And a weird quirk in New York law is if someone leads guilty, but then after that,
Starting point is 01:00:17 you get a good attorney and investigator, and you find some evidence of innocence. The courts will not allow you to argue that you're innocent. that they would be limited to just arguing that that evidence proves that the attorney was ineffective for not investigating. So we're saying that we want the court to consider the evidence. Right. Also, that's legislation in New York. I mentioned a compensation effort of Pennsylvania. In California, we are working on passing the Commission on Prosecutor Conduct,
Starting point is 01:00:51 which would, you know, the same bill that we passed, like in New York, just, you know, tailored a little bit of order to the California State Constitution. So those are the campaigns we're involved in. There is a documentary short called Conviction, which is available on Amazon Prime, which is about my life post-exoneration and my advocacy work with a larger feature, supposed to, you know, do it to be released later this year without it be a documentary. but I'm still hoping to find the literary agent to get, like, you know, get a book published by a major publishing company and, you know, ultimately have, like, a movie and have my story released in other art forms. I mean, it would be, I mean, far, far lesser stories have been told, say, in musicals or one-man show, or I'd like to have my story in as many different iterations, you know, just as a cautionary tale.
Starting point is 01:01:51 and, you know, just to raise awareness about wrongful conviction and, you know, the efficiencies in the justice system that lead to lawful convictions with the hope that dialogue would spur on some legislative changes that, you know, and, of course, to increase the profile of my organization, I mean, we're always trying to debate in the nonprofit world
Starting point is 01:02:10 just trying to raise money, you know, and while we have gotten the 13 people home and we're working on 13 other cases, there's also five cases that we have that are approved but are just waiting. We don't have the bandwidth to move as currently constructive. We really need to raise more money so we can bring in other lawyers and investigators, all the essential personnel.
Starting point is 01:02:32 I mean, my ultimate goal would be to have a chapter of the foundation, like in each state and ultimately in each country, because I really see this as a worldwide issue. And I think that in countries where we don't hear about eviction, It's not that the wrongful convictions aren't happening. It's that nobody is, the injustices are not being undone. Nobody is working. None of, you know, the reports are not overturing the cases.
Starting point is 01:03:06 So, yeah, that's what, you know, this is what my life's about. I mean, I make sense of my, what happened to me in this kaleidoscopic way. Look, I found my purpose, in other words, and this is what it is. Yeah, you've definitely turned it. You've definitely turned a life-altering massive injustice into a crusade, you know? Right. You know, which, you know, maybe that's why it happened. I believe that it is. No, I believe that it is. And with that, you know, I have an acceptance. I have an inner peace, higher sense of purpose, you know, and, you know, I'm not.
Starting point is 01:03:51 I'm not an angry person, you know, I want to enjoy my life as much as I can. And, you know, I can't do that, you know, if I'm an angry or bitter person. And, you know, if I was to be angry or bitter, you know, I felt like I would be impacting any of the people that were involved. I'd be the old loser that scenario. I were going to say, it's, it's not going to get you anywhere. It's, you know, it's the whole concept of, you know, drinking the poison, hoping it kills the other guy. You know, it's just, you know, silly. So, yeah, you're absolutely going about it the right way.
Starting point is 01:04:24 I was going to say the book, have you written a manuscript? Have you written a book? Yes. I have. Well, so I've written a book. It's 95% done. It has another 5% to go. But what would be added, you know, would just be some strategic context.
Starting point is 01:04:39 So it really would be about adding to my adventures or things I've done and accomplished since I've been released, you know, a significant amount of things. things have happened since the last time I, you know, was working on it. But I'm all the way out and certain things that happen. But I have to add other things like graduating law school, graduating law school, my first client, some of the bills we passed, other cases that have been won. That's what would have to be added. But, you know, there's a lot of anxiety books out there.
Starting point is 01:05:12 And I try to, like, reflect on myself, the world around me and other people and try to draw themes and, you know, benefit from experience. You know, they always say hindsight's 2020, but at the same time, whoever can look at what has you already happened and then draw lessons to, you know, to get around those things going forward. I mean, you're that much better off. So there's a lot of genre books out there that really haven't made a ripple. They really haven't been read. They don't make a bestseller list. And that's because the people ran to a smaller publishing company or at least one is there's, you know, self-published. So I, you know, I want to, I have a lot of things on my plate. You know, I mean,
Starting point is 01:05:52 I work maybe like 50 or 60 hours a week. I don't, I don't get me, you know, I have the compensation invested in some conservative investment. So that pays me, that serves in lieu of a salary that allows me to focus my time on this. So between working on cases, working on legislation, meeting with potential donors, strategizing over things and some of the other stuff associated with running a nonprofit. And then I speak and then sometimes his training sessions, whether I'm in front of judges or prosecutors or defense lawyers or sometimes even law enforcement. I don't want to add, why don't I figure out how to set up book doors and do the press around that and get, you know, book signing and shelf space. Okay, I want to import that and let somebody else do that, you know, and I want it to be from a major publishing copy. Otherwise, it's just going to go, I have one store at a cell, right?
Starting point is 01:06:44 And I don't want to waste it. I really want it to make an impact. And the general order, not always, but the general order is that the book does well, then there's a movie possibility. But if the book bombs, you're probably not going to get a movie done out of it. So I would rather sit and wait until the right agent and ultimately the right offer comes out and that it's marketed properly. And it can be the big splash that I'm looking for. I'd rather wait for the right offer than to just, you know, run, run to the first thing that comes along and nobody, nobody ever reads it. And, you know, none of those other dreams come true.
Starting point is 01:07:27 As far as a bestseller's concern, you're right, you probably have more of a chance, but doesn't mean you don't have a chance if it's not a bestseller. But, and I was going to say, you definitely, you need a literary agent, obviously. Sure. I'm waiting for that. I went through two of them already. So I went through one person, and I thought that that was the guy. And it's the old story if you want to be a big fish in a small pond or a small fish, you know, in a huge pond, right? And unfortunately, I was a small fish in a huge pond.
Starting point is 01:08:01 And there's only so many hours a day. And so although he wanted to push me, he spent his time on clients that would yield much more money. And so that didn't work out. And then I had a different literary agent after that. And I think the climate was different than I wasn't a lawyer than either. And I think the winds of justice reform and wrongful conviction that are like, well, me, rather strong now weren't as much than, I mean, at that time, I feel like the mass incarceration movement kind of like sucked all the oxygen out of the room,
Starting point is 01:08:38 and that was what the craze was, not wrongful conviction. and so the publishing companies, you know, weren't, weren't interested at that point. But I think it could be different now. I just have to find, I have to find the right person. I did meet with somebody. I'll tell you, quick, Bignet laughed a little bit at life to not go crazy. So it started out. This guy was supposed to represent me as my literary agent.
Starting point is 01:09:04 And it went from that to he connected me with a former client of his who had written a bestseller. and then and then it turned out he wanted that guy and him to get to get the money and I wouldn't have gotten anything and it would have just been for the exposure and then try to recoup something on the back end through to the movie you know and that just right simply didn't make any you working for him or you're working for me it's my story you've got this thing backwards uh what your story you have it written you weren't asking them to write the story like I can understand them getting a chunk of it if they wrote the story. But you've written your, you're saying 95% done. Like, right, exactly. It's not like you can't write. You write, you were writing a column, you know, once a week.
Starting point is 01:09:50 Yeah, for five years. Yeah. And I've had more than charted articles in print and I've been published in nine different publications. So yes, I do, I do know how to write. Yeah, so that was, you know, so that's where that went. But look, I'm waiting to find the right person. And I think also when the book comes out, other opportunities open up.
Starting point is 01:10:09 So I'd love to have a Speakers Bureau represent me, but if you don't have a book, they don't want to touch you. I had one entity that agreed to take me on anyway, but, you know, what they promised me, they didn't deliver. They promised that they were going to proactively seek out speaking engagements and be into a higher, you know, honorarian level. And instead, all they did was manage offers that came in. And I really didn't. Right. I have a thing problem. I have the exact end problem.
Starting point is 01:10:39 So I got a lot away from them, but I think I could go back to, if I had a book that was doing well, I think that that's a game changer. And somehow or another, I really would like to get into motivational speaking because, you know, I could never give up where the back end of the story would not be about systemic deficiencies that lead to wrongful convictions, but it would be maybe life lessons and inspirational, never give up. And I could share the formula I came up with for, you know, making a difference. And it would be that.
Starting point is 01:11:09 But again, I feel like I need more infrastructure. Like, I haven't met the right person or people yet to open those, you know, doors for me. Because, you know, I can't be a master of everything. But the idea would be in speaking, whether it's motivational or otherwise, the idea would be that it would be a sideline, that it would be a minor income stream for the foundation towards, you know, expanding our capacity, you know, how many more additional is. and people could we work on trying to bring all how many other places can we, you know, pursue policy initiatives in preventing this. And that kind of ties into my biggest challenge, you know, which is, you know, I didn't, I didn't arrive at the social economic position that I'm in now.
Starting point is 01:11:58 I mean, I kind of arrived there artificially somewhat, just by means of the lawsuit, rather than coming up in business 10, 20, 30, 40 years, or I came upon that one life-changing idea that then, you know, both, you know. So I don't have this cachet of people that I know that I have credibility with that I can go back to and, you know, they fund the organization. So I really need third-party who can function as connectives, just so I can get in conversations with people and entities of capacity. And it's a soft self.
Starting point is 01:12:35 Look, here's who I am, here's my credentials, here's the organization's mission is, here's our trap effort, here's what we could accomplish, you know, if we did get to finding the metrics that we could hit. And is this something that speaks to you or is it not? And you're not thanking for your time. But I need help to get into those type of conversations. And it's really not about me. It's really about other people.
Starting point is 01:12:59 Like, I'm free. I'm a lawyer. I know the system. and, you know, I have finances. So I doubt very seriously I would ever be, you know, wrongfully convicted again. So it's not, it's not really about me. It's about the other people, the men and women that I metaphorically left behind,
Starting point is 01:13:18 not just in New York, but everywhere. You know, so the more we can raise, the more that we could work on freeing people. So that's really the biggest challenge, you know, is for that. So maybe some of the people that are listening. listening. You know, they can reach me. There's a web form on the website, www.diskvick.org. They have the Patreon campaign. So that's, you know, politicians of both parties can raise tens of millions, hundreds of millions of what they refer to as small dollar donors. You know, why not, why not money to free innocent people? Imagine dream for a second with me here.
Starting point is 01:13:55 What if 25,000 people were willing to sacrifice three to five dollars on a recurring monthly basis? I mean, that would give us close to a million dollars. You imagine what we could, you know, how many people we could work on trying to bring home, you know, with that, or people that work at corporations that do corporate philanthropy. I mean, just to, you know, put a B in someone's bonnet, you know, hey, you can see them, you know, so that's really what I need that or people that can help in one way or another. But all of that being separate and distinct from people and entities that aren't looking at. to help the mission, but instead simply want to do business or want to sell me a product or sell me, you know, a service. I'm really not interested in that. I don't like equations where, you know, one, a service provider, their money's guaranteed and everyone else is
Starting point is 01:14:50 speculative. I let people sit at the same side of the table as me and we rise or fall together. Because look, you know, I've been burned a few times, you know, in trying to raise money. So, I mean, I've learned, I've learned, you know, from that. But yeah, that's really what it's about, you know, trying to be able to not have this waiting list of people and, you know, expand that type of thing. But, you know, last point on that, I want to be the dead horse. But, you know, all the money would go definitely to the mission. None of it would make its way into my pocket under any rationale under any theory, you know, this doesn't gain money. I've actually put money into it,
Starting point is 01:15:32 but I'm happy because, I mean, I earn money all the ways, you know, whether investments or people are exonerated as a lawyer, I can help them compensation on the back end part. I have my ways that I can earn personally. You know, it's not through disorganization. Yeah. It's definitely one of the things prison teaches you is that, you know, money is not going to make you happy. no it's definitely it's definitely not and you know just the social side of it you know just putting the my life together on the social level you know just have people hey you're free i'm free not literally are you free but yeah i'm listen i'm gonna i'm gonna come over man with disco ride bikes man you know they think the carnival's in town man i want
Starting point is 01:16:18 to hit up the bumper cars or let's play you'll get get the boys together let's play some basketball or, you know, kickball or, you know, stuff to, you know, play a game with chess or, you know, let's go to a sporting event. But just trying to build the social part of my life, the friendship side of the equation, you know, and in the romantic side of the equation, I mean, that's the part that I found has been the most challenging and the most frustrating to be, to be frankly, because in in some ways I feel like I'm still paying for the wrongful conviction even now to this right you know to this second because I haven't been able to put the social side of the equation really together man my life was pretty well positioned socially before the social train
Starting point is 01:17:10 got knocked off the tracks I mean I mentioned I was one of the main kids out of a lot of them and it would do all kind of kid-like things. And, you know, like, I miss that, you know, but where, how do I, when you're not starting with any human assets, where do you start? I mean, if you're an immigrant and you come from another country, you know, Spanish people find Spanish enclaves and the Italians and, you know, the Chinatown or, you know, you name the Russians,
Starting point is 01:17:41 you name it, right? They go to a certain area. of the, you know, I call it theory of one person, right, coining my own term. Okay, you find one person and that person brings you around to that community. You mean, now you met everybody. Now, some of the people take a liking to you, not everybody. A few people do. That's your, and then they lead me to even more people. And then you're right. I, listen, I understand. Where's my peers out? Where, where's my version of that to find, though? I hear you. Listen, I, I have no friends that I didn't meet in prison you know i i don't know if you you know this i was i was you know i was you know i was
Starting point is 01:18:18 you know guilty absolutely guilty of every one of the charges um but all my current friends are guys that i knew from prison because you're right you're right even if you meet somebody and they're nice and they're friendly and everything else you're right they don't invite you out they don't you make them feel uncomfortable you know i i get it you know you know you don't you don't feel comfortable that's fine i don't want i'm not begging you to come around me you know but yeah but you're right all my friends i met in prison they eventually get out i kept in touch with them they get out we hang out we help each other we support each other but yeah you're right no there's no there's no new friends there's no i don't know any normal people so i i i understand what
Starting point is 01:19:04 you're saying it's tough yeah and i made an effort when i first got out i made it a genuine genuine effort didn't happen you know yeah i have one friend i have one friend but he actually lives in a state so we're more text friends you know you you text each other once a day or you send it you send a tic-tok you know right like we don't hang out right right and then yeah i mean that's i i can i i can relate and then i the other thing the other challenge i i i i've done i i've notice because, you know, I do know a number of other people that were exonerated, a few of which I knew were when we were both wrongfully in prison, a much bigger population of exoneries that I did not know on the inside. And, you know, I do know quite a bit of people committed to
Starting point is 01:19:58 our crime-free life guilty before, but on parole, doing the right thing now. Some of them I knew on the inside. But I've made this observation that I feel like in some ways I'm a subset of a subset meaning that I was like 16 when I was arrested and in for 17 to 32 I mean that's a lot different than someone's life
Starting point is 01:20:22 is interrupted at at 21 or 25 or 30 you know in that we don't necessarily have the same hobbies like most people they're not still looking to get out of the basketball court or you know ride a bike or
Starting point is 01:20:40 go to the bumper cars or you know explore this aspect of the world or or another i mean we can get together we can shoot the breeze you know maybe we can play a game with chess but even if it becomes limited i i like i would like to find people that you share three four maybe five different things so we can change genres of of of of activities and you know see what the world is about going here or going there but you know a lot of of people also are frankly struggling a lot, you know, on the income level, on the job level. You know, I was that way for about five years. But, you know, my reality is changed. But, you know, it's tiring sometimes where if Jeff doesn't pee for everything, then nobody can go
Starting point is 01:21:28 anywhere, do anything. And that, you know, so I found that sometimes becomes somewhat of an obstacle. So really, across the board, I'm really, I'm really, I'm neither fished or foul. What Well, you know, I was even going to say, even the things that you have in common, going to law school, going to college, when you went to college, you weren't 20 years old. You didn't have the same college experience that other people did at 20, 21, 19, 23, you know, maybe if they're dated 25 when they graduated. You didn't go to college until you were in your 30s. right law school thing exactly and everybody there
Starting point is 01:22:08 was much younger and their idea of being friendly was just saying hi Jeff how was you week
Starting point is 01:22:12 I see you tomorrow Jeff I mean it wasn't like I was like hanging out with people and socializing
Starting point is 01:22:18 with her you know so I mean I feel there's still the dichotomy also I feel
Starting point is 01:22:24 I'm 49 right but I feel like I'm 26 but not in this fountain of youth chasing now I've found
Starting point is 01:22:33 type of joy joyous joyish way more of a dichotomy you know where I have all those energy but the things that I want to do are not really things that like a 49-year-old is going to do want to want to do but now you've got to go you know younger but then the more you do the less in common because you know number one it's not really peer-to-peer any any anymore is not the same maturity level Like, I like things, like right place, right time, right people in the right setting, we can let her hair down to a certain extent, right? But I understand how one thing can lead to another, it snowballs, and now there's a big consequence.
Starting point is 01:23:16 But people, like, nonger much, you know, like, and it's what, they don't necessarily think about that, how something can snowball. It's like going back to prison, right? There were a lot of people I avoided. I could see, like, a metaphorical storm cloud. above their head, where it was clear they were going to self-destruct. Right. The main thing was to make sure that they didn't manage to bring me down with them, so I kept my distance and careful and thinking for other people, but someone in their 20s or
Starting point is 01:23:47 even their young 30s is not necessarily thinking in that, in that way either. Yeah, yeah, I agree. I definitely, I can, I can definitely see, talk to people. people and start to play out how things are going to go down for them when most people don't think that way. Because in prison, you have to think that long term. Is this someone I need to be around because he's got a week to six months before he gets stabbed or gets in trouble or do I want to be around him? Do I want to be associated with him? It's kind of like when two guys get to a fight in prison, you walk away. Everybody walks away. You all stand around and watch it because when the guards show up, they're going to grab both of them. And, you're going to grab both of them.
Starting point is 01:24:31 five or ten of the guys that are standing around them. You walk away. In high school, you stand around and watch the fight. You know, it's, it's a people, there's all these little things that people don't understand how you behave, you know. I was going to say, as far as, you know, the, you know, the funding is
Starting point is 01:24:49 concerned. I was that we can put, you know, we'll put, make sure to put all of your links to the Patreon in the description box for you. as far as you know share that too from their social media once they see it when you put it that would be really yeah that would okay so six so you broke up for a second there one what was it again you want yeah i was just yeah what i was yeah what i was saying is when people see the link from when you
Starting point is 01:25:18 put it in people can share that on their social media and and word of mouth so they can help move things around that way also, you know, I have a Patreon and I mean, look, like 10 bucks helps. People think, oh, well, you know, I don't really have anything. Well, you know, I'd like to. But listen, I'm not asking for $400 a month. 10 bucks, $9, $9.99, you know, sign up for a nice thing about Patreon. You can sign up for $3. Like I, you know, if it's 50, that's great. If it's $10, it adds up. Right. I don't mean. And, you know, so I'm, I'm extremely appreciative of anybody that can, anybody that can contribute in any way, especially because they don't have to. Right. You know, they don't owe me anything. So, you know, and they don't owe you anything. But you're, if it's a good pause, then, you know, throw a little bit of money that way, if you can. Sure. You know, people, you know, last year, there were, they were maybe, I want to say, like, five to ten people that, you know, they did Facebook, first.
Starting point is 01:26:24 birthday party things. Well, for my birthday this year, I'm trying to raise this much for this entity. You know, a bunch of people did that for the Foundation Week, you know, about getting some checks. That's another way of doing that. Or look, if you know somebody that, you know, does a podcast or does block radio or does a blog or they do reporting of one kind or another, definitely, you know, ever mentioned because, you know, I don't gauge the show size and the size am I'm going to go on or not, I go on because they might just, one person, I might just reach one person that's a key person that can help them one way or another, or maybe it's just one person that, you know, it enlightens or one way. You never know who may go into, you know,
Starting point is 01:27:10 a mission and doing something really positive and they felt inspired by one thing or another. Speaking of which, if there's any future lawyers listening, you know, I, like I always say in person, And I do encourage people to take on one wrongful conviction case pro bono on the course of your career. But going back to prison for just a second, you know, in the documentary short, Amazon Prime conviction is called about me. You know, I used some of the platform that the director and producer, Chi Awards, gave me to bring some attention to some of the non-innocence justice reform. warrant work, right? My rationale is, look, the fact that it's about me means that wrongful conviction, false accusation is automatically going to get some play, just automatically, because it's about me. But I used some of that to bring attention to many
Starting point is 01:28:10 things I either was personally affected by in prison or that I witnessed, which indirectly impacts me. I mean, I talked about things like, you know, massacar, I mean, there were people in prison that were doing 20 and 30 years for, you know, just drug, drug possession. I mean, they weren't some drug, big-time drug kingpin, but they had a quantity of drugs that made it a felony rather than a slightly lesser amount that was misdemeanor. And they had those type of sentences, which was more time than, you know, people that had done burglaries, robberies, or arsons, or even, even murderant. know, so over sentencing and, you know, nonviolent offenders, so mass incarceration, and, you know, I talked about the terrible medical care in prison. So the prison where I, where I, Zat, Elmira, you know, they had one of the highest inmate mortality rates in New York State and how the, you know,
Starting point is 01:29:14 the medical staff, their answer to everything was to give over-the-counter medication and come back and then take a month or two. Right. But it would take a month. And that's just to see the nurse, by the way. That's not the doctor. The doctor, that's like a month or two. You know, but the medical care and, you know, how just the bureaucracy involved with compassionate release, which is when prison medical staff determined that a prisoner is terminally ill.
Starting point is 01:29:45 And so the idea is you put in an application so that somebody can, you know, die with some dignity in a normal environment surrounded by friends or family rather than by yourself in a, you know, prison setting. And that how by the time a lot of the decisions came down, I mean, people had like one or two days left or, you know, they already died before the decision actually came down and, you know, and how there really wasn't any real effort on the part of the prison administration to reduce the prisoner or violence or to try to professionalize the correctional. officers, you know, that the verbal abuse, the level verbal abuse, that, that, and abuse of authority that then went on it. There really wasn't any serious effort, not even a pretense
Starting point is 01:30:32 of saying that tried to reel that in and how if we really were serious about crime prevention. You know, I mean, the curriculum and the vocational trades, I mean, I completed six certificates in plumbing, but nearly all the training was on, you know, cast iron pipe and metal pipe. So now it's PVC and copper. So if I decided that I wanted that career, I was started virtually the same place out here as I would, you know, having never received the training in there. And so I, you know, just updating curriculum and making sure the professors actually,
Starting point is 01:31:07 their disruptors actually teach rather than just being there for a, you know, for a paycheck. So all these issues I kind of raged about and the dignified. way, but try to bring attention. I mean, the punishment for crimes, and I feel strongly about this, the punishment for crimes is, it is supposed to be the loss of your freedom.
Starting point is 01:31:36 It's not supposed to be mistreated while you're there. Right. And I feel like the U.S. prison system misses that mark. And just proportionality, I mean, when you look in the south, in particular, I mean, that's the time they give out for various offenses. It's crazy the amount of time that's given out for different offenses. I mean, I think there's something to be said for proportionality and fairness. It's not about cobbling criminals, but it is about fairness. Right.
Starting point is 01:32:10 I think it's supposed to be about fairness. Yeah, no, I agree. I, you know, love any of those issues or any of those different issues being in parole reform and, you know, and, you know, food just being not me, I.
Starting point is 01:32:27 Not burned or not under, you know, being undercooked. I mean, yeah. Well, we used to joke, we used to always joke the leading cause of death at, at the prison I was at, it was Coleman. We used to say the leading cause of death here is medical. you know I can't tell you how many guys that went in for clearly there were clear problems and they were dead you know two weeks later it was clear the guy's got heart problem he's got heart pain heart pain he goes in three times they say come back on Monday come back on this thing oh you just got indigestion oh you'll be fine oh come back Monday boom he dies right then he went in three times you know I have a buddy who who had self diagnosed himself as having a you know, a hernia. They said, you've got, you've got an ulcer. Don't eat these foods. Stop eating
Starting point is 01:33:19 these foods. Because I didn't eat one food that was on that list. Sure enough, eventually he complained so much. Eventually, they came back, sent him out for like a, whatever it is, the scan to see if he had what was wrong with him. He had two ulcers, but they wouldn't give him the report. They told him that they found nothing. He eventually got his mother to get a copy of the report, showed two ulcers. But they were telling him, nope, you have an ulcer. I'm sorry, it showed two hernias. They were telling him it's an ulcer. He finally got to report. When he got the report, then his mother, of course, contacted the governor's office. They immediately called the prison. Now suddenly they were like, oh, we're going to give you the surgery. Of course we were.
Starting point is 01:34:02 What are you talking about? We never said that. I mean, they're just, you know, they're scumbags. But I understand exactly what you're saying. It's the whole giving some guy 15 years for selling, you know, a crack rock, I mean, you know, a crack rock, you know, because he had a gun in his house. He sold it three miles away, but he had a gun in his house, sold a crack rock, got 15 years. Why? Because, oh, well, yeah, but he's been arrested for selling crack before. 15 years? So, you know, I, I mean, listen, we could go back and forth and back and forth. I'll, you know, bitch and complain the entire time, but I'm just not in a position to do anything but bitching complain um you know you're you're luckily you're in a better position
Starting point is 01:34:48 so i was going to say uh definitely i mean definitely anybody watching should you know go in the description and click the link and donate if it's ten dollars or five dollars or fifty dollars or whatever it may be a one-time donation or even just sign up to me signing up is better because ten dollars a month isn't going to bother me at all you know giving you know a hundred bucks once I'd rather have the $10 every month for two years than the $100 once. You know, I know, and it hurts less. Do you have anything else you want to say? You know, set a goal, have a realistic plan of getting there.
Starting point is 01:35:26 In other words, you should be able to look at your plan three or four different ways and say to yourself, well, yeah, I could see how that might work. Be flexible. Remember that, you know, the plan is the plan. The plan is not the goal. So you got to be flexible. Don't be afraid of hard work. You know, I don't believe with the pie in the sky type thing where everything's going to be okay just because I instead believe rolling up your sleeves, working really, really hard to put yourself in a position for a miracle to happen or door to open. And there are no excuses why something can't be done.
Starting point is 01:36:06 I mean, maybe there's reasons why something will be harder, but but no excuses. why something can't be done. And lastly, never, ever give up. And once you make it, you have to reach back and try to bring someone else across that. So that's not limited to wrongful conviction. I mean, I've seen homicide, victim, family members, you know, be involved in advocacy and reach out to other people in that same position, whether it's someone who's a victim of domestic abuse that's gotten out, survived, and rebuilt their life and reaching back to other people,
Starting point is 01:36:44 or, you know, whether it's someone that's been sexually trafficked or someone that's faced racism or discrimination or some other type of calamity of greater or lesser, you know, that, that I think is a formula for making the world a little bit better, making your suffering count for something and, you know, having some inner peace, and it would be cathartic and healing. yeah, or be me. Hey, I appreciate you guys watching. If you like the video, do me a favor. Hit the subscribe button.
Starting point is 01:37:12 Hit the bell so you get notified of videos just like this. Also, share the video. That really helps. Leave me a comment in the comment section that helps with the algorithm. And definitely, if you want to click on any of the links and you want to donate to Jeff's foundations, the links will be in the description box. And I really do appreciate you guys checking out the video.
Starting point is 01:37:36 Um, see ya.

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