Transcript for the Piece Audio version of Anatomy of a Wrongful Conviction
RICK WALKER--ANATOMY OF WRONGFUL CONVICTION/EXONERATION PART ONE: THE TRIAL
LEDE: MORE THAN 300 PEOPLE HAVE BEEN RELEASED AFTER SPENDING YEARS BEHIND BARS FOR CRIMES THEY DIDN?T COMMIT. THE REVOLUTION OF DNA EVIDENCE HAS ALLOWED INNOCENCE PROJECTS AROUND THE COUNTRY TO REOPEN CRIMINAL CASES AND PROVE THE WRONG PERSON ENDED UP IN PRISON. UP FRONT?S HOLLY KERNAN TAKES US INSIDE AN EXONERATION....
YOU?VE PROBABLY SEEN MEDIA STORIES ABOUT JOYFUL PRISONERS BEING RELEASED AFTER YEARS OF UNJUST INCARCERATION. THE CAMERAS BLAZE FOR A DAY OR TWO, THERE ARE TEARFUL REUNIONS OF FAMILIES SEPARATED FOR A DECADE OR MORE, AND THEN THE MEDIA SPOTLIGHT SUBSIDES. (music begins?) BUT, HOW DOES A WRONGFUL CONVICTION HAPPEN IN THE FIRST PLACE? THE STORY OF EAST PALO ALTO RESIDENT RICK WALKER PROMPTED US TO ASK THAT QUESTION AND PUT TOGETHER THIS ANATOMY OF A WRONGFUL CONVICTION AND THE DECADE LONG STRUGGLE THAT LED TO WALKER?S EXONERATION. RICK WALKER SPENT 12 YEARS IN CALIFORNIA?S TOUGEST PRISONS FOR A CRIME HE DIDN?T COMMIT.
IN PART ONE: THE TRIAL--WE?LL HEAR FROM THE SANTA CLARA DISTRICT ATTORNEY?S OFFICE, WHICH ORIGINALLY PROSECUTED THE CASE:
DA tease ?For Rick Walker this was the perfect storm because everything went wrong--I mean, we can?t say that justice was done.?
FROM RICK WALKER WHO SAT IN THE COURTROOM AND WATCHED HIS FATE UNRAVEL:
RW tease: ?I?m saying this is all a joke, I dont even think it will make it through preliminary hearings.
But a judge bound me over for trial without one shred of evidence, and I said, if she can do this, they can convict me.?
FROM THE PRIVATE ATTORNEY WHO REINVESTIGATED THE CASE:
AT tease ?Rick had an appelate attorney who had spent years trying to prove to courts that all kinds of mistakes were made. That was unsuccessful. My job was to prove Rick was innocent, someone else had committed crime. My job was to solve the murder?
AND FROM MYRTLE WALKER, RICK?S MOM, WHO NEVER DOUBTED RICK?S INNOCENCE AND WATCHED HER FAMILY DISINTEGRATE FROM THE STRESS OF THE TRIAL:
MW tease ?he took the nickel and flipped it over to him and the other attorney said I never thought you?d win this case--they bet a nickel on my son?s life--thats all he was worth to them, just a nickel--
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HK 1: THE STORY BEGINS IN JANUARY, 1991 WITH THE BRUTAL MURDER OF A YOUNG WOMAN, LISA HOPEWELL, IN HER APARTMENT IN CUPERTINO. HOPEWELL HAD BEEN BOUND WITH DUCT TAPE AND STABBED REPEATEDLY IN THE NECK AND GROIN AREAS:
DA 1 ?so she was found in this conditon and of course the sherriff?s dept responded and took physical evidence. One piece was a phone answering machine. On the answering machine message from Walker ?Hi I love you, just calling in.?
HK 2: THAT?S SANTA CLARA COUNTY?S ASSISTANT DISTRICT ATTORNEY KARYN SINUNU. ACCORDING TO SINUNU, HOPEWELL WAS A HEAVY CRACK USER, AS WAS RICK WALKER AT THE TIME. WALKER HAD BEEN ONE OF HOPEWELL?S BOYFRIENDS AND THEREFORE WAS AN IMMEDIATE SUSPECT IN THE CASE.
RW 1: I heard about Lisa Hopewell?s death in the newspaper, right and um, I had nothing to do with it and I knew I couldn?t even be arrested for it because I was with someone else at the time in a motel room, right?
HK 3: INVESTIGATORS COLLECTED EVIDENCE AT THE SCENE, INCLUDING CIGARETTE BUTTS AND DUCT TAPE. THEY SENT THE DUCT TAPE TO A STATE LAB TO SEE IF NEW TECHNOLOGY COULD LIFT ANY PRINTS FROM IT:
DA 2 ?so march 6 of 1991, the DOJ reported Bowers fingerprints were on the duct tape, taken from the victim?s wrists and ankles, so that was the big lead in the case?
HK 4: RAHSSON BOWERS, WHOSE FINGERPRINTS WERE ON THE DUCT TAPE, WAS ARRESTED AND QUESTIONED BY DETECTIVES. ASSISTANT D.A. KARYN SINUNU:
DA 3: ?Bowers gave a series of stories. A series of lies. First denied any involvement at all. Number one story--don?t know what you are talking about. They said, hey buddy, we got your prints on this duct tape, so then story 2, okay, I?ll tell you what happened, there were two white guys they jumped out of a closet, I went over with Walker Walker was in on it, white guys had guns and they made me tape her up.
Now I should stop here and explain that during investigation, the sherriff knew Hopewell and Walker had relationship, deputies introduced Walker?s name to Bowers.
By investigators rather than by Bowers?
That?s correct, that?s correct.....?
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HK 5: AFTER FAILING A LIE DETECTOR TEST, BOWERS TOLD DETECTIVES A THIRD STORY, THAT THE MURDER WAS COMMITTED BY WALKER AND BOWERS WAS FORCED TO ASSIST BY TYING HOPEWELL UP WITH THE DUCT TAPE.
ALISON TUCHER IS THE ATTORNEY WHO WOULD LATER REINVESTIGATE THE ENTIRE CASE AND HELP SOLVE THE HOPEWELL MURDER.
AT 1: the sherriffs and DA?s never challenged Bowers never challenged his account, eventhough they knew he was a drug addict, thug who had been involved in murder and willing to accuse innocent individuals the crime...accused two others and admitted that was nonsense....
RW 2: They arrested me Jan 28, I was in the county jail and they were talking to me and they played a tape and it was Rassan Bowers talking about how--he basically took himself out of the picture and described what I did--which was what he did, and I was looking at the detectives like ?you believe this--he?s a person who?s basically a criminal and I virtually have no criminal record....I couldnt believe it, his fingerprints, so basically he had to be the person...has been in trouble, I almost have no record, they chose to believe him over me.....?
AT 2: one of the reasons Rick was convicted, boyfriend is usually a suspect....
HK 6: LAWYER ALISON TUCHER:
AT 3: They picked him up and ran with it and found evidence of his guilt and then they didn?t pursue leads that suggested there was an entirely different explaination for how he was killed.
DA 4: now there was nothing to link Walker to the scene. Nothing.
HK 7: SANTA CLARA ASSISTANT DISTRICT ATTORNEY KARYN SINUNU
DA 5: no polygraph so they accept this third story they have two suspects, and in their mind they are ready to roll.....
RW 3: Look at it like this here, they believed accomplice, two people. Why not two black men from EPA--it fits, we can sell that to a jury, nothing to do with me, not one shred of evidence against me, only his story . And they told him death penalty if he did it alone and they showed picture of me, so he changed the story to say it was just me and him. And if he could stick to that story, that?s all they needed.
DA 6: But walker said hey I was with a woman that night, Jackie Miller so the detectives went to JM and the opening line is very interesting. Married, job, heavy addict. When they interviewed her, they said well sorry, we couldnt get a hold of you, we had to find your husband, we hope this doesnt cause you any problems. So what would any married woman do? I didnt see him he did not stay with me, so she gave investigators the story
RW 4: ...I?m saying this is all a joke, I dont even think it will make it through preliminary hearings.
But a judge bound me over for trial without one shred of evidence, and when they bound me over for trial, I said, if she can do this, they can convict me,
(pause)
but I still wasn?t convinced that I would be convicted at that time.....
HK 8: BOWERS GOT A PUBLIC DEFENDER AND WALKER WAS GIVEN A COURT APPOINTED LAWYER, JAMES MANTEL. THE DEPUTY DISTRICT ATTORNEY PROSECUTING THE CASE WAS JOHN SCHON. HE DIDN?T RETURN REPEATED REQUESTS FOR AN INTERVIEW, BUT ASSISTANT DISTRICT ATTORNEY KARYN SINUNU AGREED TO TALK ABOUT THE CASE.
DA 7: for Rick Walker this was the perfect storm....it?d be a lot easier to pull this case apart and say its this one thing and certainly it starts with Bowers being an incredible liar, but the rest of the system has to take some blame too.
HK 9: SINUNU MADE THE DECISION TO REOPEN WALKER?S CASE EARLIER THIS YEAR, CONVINCED BY ALISON TUCHER THAT THEY HAD CONVICTED AN INNOCENT MAN. TUCHER IS A FAMILY FRIEND AND A CORPORATE ATTORNEY WITH MORRISON AND FORRESTER. SHE SPENT FOUR YEARS REINVESTIGATING THE CASE:
AT 4: The DA who handled this case made a deal with Rahsson Bowers for his testimony at the outset of this trial but didn?t reveal that to Rick or Rick?s attorney, instead allowing Bowers to sit at the defense table, so he could have this great Perry Mason moment, where Bowers moves from the defense to the witness stand as if his conscience is bothering him and he cant hold out any longer, when all along bowers had deal with DA that had been promised when he first made up these lies.
Is that s.o.p.?
No it?s highly unusual and in my opinion, it?s misconduct.
RW 5: I got to sit in courtroom with my accuser as my co-defendant, that I knew was going to take stand against me, schon came to me during recess and schon walked over to me and said we?re gonna convict you, were gonna put bowers on stand, cry and hes gonna convict you and you?re going to prison...
(pause)
(RW 5 cont) and sure enough on 11th hour bowers got out, cried, jury tissue and I knew then, I was a done man....it was over.
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AT 5: THE DA who prosecuted this case played fast and lose with the rules...accuser told lies in order to protect self......
DA 8: Now in California if you have an accomplice testify, the prosecutor needs something to corroborate that, you can?t just have your accomplise, well sara dunbar,
HK 10: SARA DUNBAR WAS ANOTHER OF WALKER?S EX GIRLFRIENDS. SHE HAD BEEN ARRESTED ON DRUG CHARGES AND WAS OFFERED LENIENCY IN EXCHANGE FOR HER TESTIMONY AGAINST WALKER. THIS DEAL WAS NEVER REVEALED TO RICK?S DEFENSE ATTORNEY.
DA 9: she said I just want out of here, that?s all I want, and she testifies that he?s violent person and now the pros has Bowers corroborated
AT 6: The DA made a deal with her on Dunbar, so she made up lies and jury believed them, eventhough no substance
DA 11: So, we?re just about to closing the people?s case, but not enough evidence. So, Bowers pleads guilty on negotiated settlement and testifies against Walker. And now the people have enough to convict Walker.
RW 7: this is just how john shon fabricated--to make me look like monster so he can convict me--his oath was to uncover truth--that?s what they are bound to do. but justice system is about wins and losses, a big case like this is feather in his cap and nickel in his pocket--I?ll let my mother tell you about the nickel.
MW 1: (nickel) when they had trial and after convicted my son,
HK 11: THIS IS MYRTEL WALKER, RICK?S MOM:
MW 2: schon was coming down in the elevator, another attorney in the elevator, took a nickel and flicked the nicke to shon and other attorney said never thought you?d win...they bet a nickel on my son?s life--thats all he was worth--and they came down and got out and my husband came down and told me--thats what they thought of my son.
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AT 7: the system failed Rick first and foremost because he had an incompetent attorney.....and you?d like to think that the sherriffs dept would be thorough and balanced, but where they are not, its the job of a defense attorney to go in, but that didnt happen in this case.
MW 3: when they convicted him, we went and said mr. mantel my son was innocent and he said well maybe that?ll teach him to stay out of East Palo Alto.
(MW 3 contd): thats who the state assigned to me, practically everyone in east palo alot knew who did it, and the reason didnt get a new attorney is I was innocent, he did more harm than good.
AT 8: The defense attorney was a potted plant. He did no investigation of his own. He told Rick?s father not to go out in the community...and Rick?s father might have been able to uncover evidence of Rick?s innocence before Rick was convicted....
HK 12: AFTER THE TRIAL, RICK?S FATHER DID IN FACT GO OUT INTO THE COMMUNITY IN SEARCH OF CLUES TO THE MURDER. AND HE FOUND THEM. MYRTLE WALKER:
MW 4: (hus investi) my husband went into the streets of PA and found out who the other guy was and they told him, they told him who the accomplice was--we took to DA ((and he went and asked Mark Swanson if he knew Rahssan Bowers and he said no and that was good enough for them.))
HK 13: THEY TOOK THE INFORMATION TO THEIR LAWYER, MR. MANTEL WHO GAVE IT TO THE DISTRICT ATTORNEY?S OFFICE. SO, SHERRIFF?S DEPUTIES INTERVIEWED THIS MAN MARK SWANSON, WHO WAS IN JAIL ON AN UNRELATED CHARGE AT THE TIME. HE DENIED ANY KNOWLEDGE OF BOWERS AND WALKER AND THAT WAS THE END OF THE INTERVIEW--THEY DIDN?T PRESS IT ANY FURTHER.
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HK 14: BUT, ACCORDING TO KARYN SINUNU, SWANSON THEN CONFESSED TO HOPEWELL?S MURDER TO HIS CELL MATE. THAT INMATE WROTE TO THE SANTA CLARA COUNTY DISTRICT ATTONEY?S OFFICE. KARYN SINUNU STILL HAS THE LETTER FROM 1992:
DA 12: reads the letter from inmate...
what was done with this information?
there was no further investigation.
music pause
HK 15: REMEMBER, THIS IS 1992. RICK WALKER IS IN JAIL AWAITING SENTENCING, HAVING BEEN CONVICTED OF MURDER. AT THIS POINT, HE?S ONLY BEEN IN JAIL FOR ABOUT A YEAR. THE DISTRICT ATTORNEY?S OFFICE NOW HAS WITNESSES COMING FORWARD SAYING THAT SWANSON COMMITTED THE HOPEWELL MURDER WITH BOWERS. BUT, NO ONE INVESTIGATES THESE CLAIMS.
AT 9: I think its a prob that DA was made aware of two witnesses who came forward accusing same man Swanson and neither Sherriff nor Da went to talk to either of these men, convicted but not yet sentenced, could have been reopened?, could have and should have.
DA 13: it should have been investigated, it wasn?t. it wasn?t.
music to hold under
HK 16: IN JANUARY OF 1992 RICK WALKER WAS SENTENCED TO 15 YEARS TO LIFE IN PRISON...AND SENT OFF TO SAN QUENTIN AND THEN TO FOLSOM AND THEN TO PELICAN BAY, THE STATE?S TOUGHEST PRISON. RICK?S FATHER DIED OF CANCER WHILE HE WAS THERE. RICK?S SON WAS 12 YEARS OLD WHEN HE WAS SENT AWAY.
RW 8: My son was a boy and he became a man and I had nothing to do with it.
did you ever lose hope that you would be released?
at first, but as time went on, I knew I was gonna get out. I knew it. I had faith. I prayed, I fasted, I just believed I was coming home.
HK 17: RICK SAYS IT?S THIS FAITH THAT SAVED HIM DURING THE NIGHTMARE OF HIS YEARS IN PRISON:
RW 9: I prayed one night and I asked God....was I coming home, your work is not done yet..... I called my son and said, I?m coming home soon, I said I?ll be there soon, I told my mother, I?ll be home soon. I started telling everybody, and it just materialized.....?
HK 18: NEXT WEEK, THE STORY OF HOW WALKER?S CASE IS REOPENED AND REINVESTIGATED...AND WHAT HAPPENS AFTER EXONERATION:
MW 5: they took him around the side of the courthouse, took the cuffs off him and said have a nice life...
HK 19: THAT?S NEXT TIME ON PART TWO: ANATOMY OF A WRONGFUL CONVICTION--THE EXONERATION.
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