The Way I Heard It with Mike Rowe - 46: Fair Warning

Episode Date: March 14, 2017

You know his name - now you'll know why.

This is the way I heard it. Ernie considered his single ace. It was the only card of value in his hand, but Ezekiel and Fernando didn't know that, nor did they know they were playing poker with a bona fide celebrity. All they knew was they were losing. Ernie slid another buck into the kitty and took a long pull on the bottle. Across the table, Fernando considered his pair of nines,

as Ezekiel contemplated his two jacks. Both stared hard at Ernie and tried to read his mind, but Ernie gave nothing away. And eventually, both men folded. Maybe had Ernie scooped up his winnings and dealt another hand, he'd still be alive today. Maybe if he hadn't flipped his cards over with a smirk and showed the migrant workers how he'd bluffed them, the man, known by every cop in the country, wouldn't be fighting for his life in a dive bar on Skid Row. But Ernie couldn't help himself. He gloated, and Fernando flushed with anger.

Ernie saw the roundhouse long before it arrived and ducked under it with ease. He answered with two quick jabs, and Fernando went backwards over his chair with a bloody and broken nose. Ezekiel stood quickly, but Ernie anticipated his play and caught him with an uppercut that sent him tumbling over Fernando. Both men stood and rushed at Ernie, but neither fared well. It's funny, though, how quickly the dynamic can change when the rules are amended. Ernie heard the snick and then saw the blade glinting brightly in the dim light as Fernando handed the switch blade to Ezekiel. Here, said Fernando, you finish him. Ezekiel held the blade like a man who knew how to use it, like a man who looked forward to using it again.

Fernando blocked the door, and things suddenly got to use it. very serious for Ernie. Clearly, it was not a fair fight, but before you start rooting for the underdog, take a moment and consider the nature of Ernie's celebrity. Fourteen prior arrests. Burglary, shoplifting, larceny, deviancy, voyeurism, grand theft auto, narcotics, you name it. Consider the victims of Ernie's many crimes. Victims like Lois. Lois was just 17 years old when Ernie kidnapped her and raped her and dumped her on her brother's lawn. It's easy to forget about people like Lois. During the trial she was referred to as Jane Doe, but her real name was Lois Ann Jameson. And back in 1963, she was just another easy mark

for a man like Ernie, a man that every cop in America would soon know by name. When they arrested him, for rape and kidnapping, Ernie didn't deny what he had done. In fact, he freely confessed and was sentenced to 30 years in prison. But Ernie was one of those criminals who always seemed to have an ace up his sleeve. Yeah, he got caught a lot, but somehow he always seemed to get off easy. And this time, with the help of some very clever lawyers with the ACLU, Ernie persuaded the court to reverse his rape conviction. Some people called the judge's decision outrageous. Some called it long overdue. Most called it constitutional. Now, whatever it was. It wasn't justice. Not for Lois anyway. No, Lois and Jameson would have to wait 13 years before karma finally caught up

to the man who raped her. Thirteen years before the most famous criminal in America. America, finally turned up dead in a Phoenix dive bar. That's where the cops found Ernie, stabbed to death over a $3 poker game. They never found Ezekiel, but his accomplice was arrested near the scene where a conscientious cop dutifully read him his rights. Fernando, listen very carefully to those rights.

Then he exercised them. It's funny how quickly the dynamic can change when the rules are amended. You see, when Ernie was arrested for Lois's rape back in 1963, the police were under no obligation to read him his rights, so they didn't. But four years later, all that changed. That is why Ernie was released from jail,

long before his sentence was complete. That's why the officers who responded to Ernie's murder were now legally required to make absolutely, sure the accused understood his constitutional rights, specifically the many advantages of keeping his big mouth shut. Consequently, Fernando never said a word about the knife he pulled from his own pocket. He said nothing to incriminate himself at all, which is why the cops had no choice but to release him. And so, justice finally came to Lois and James. along with a shot of irony,

because Fernando Zamora not only helped kill the man who raped her. He got away with it by exercising his right to remain silent. A right the police were compelled to spell out for him, thanks to the most famous criminal in America, the dead man on the floor, the man who would remain silent forevermore. Ernesto Miranda. Anyway, that's the way I heard it.

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