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

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

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

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

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

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

Episode Chapters:

00:00 Introduction

01:42 Guy Miles Sets the Scene

05:16 Why Police Use a Photo Lineup

07:27 The Trial

09:53 His Family's Response

11:15 Finding an Innocence Group

12:18 Meeting the Real Perpetrator in Prison

13:17 Six Alibis Testified

14:32 The Speeding Ticket

16:25 "The California 12"

17:33 The Court of Appeal

19:22 From Rejection to Rejection to Plea Deal

25:14 Guy's Release from Prison

28:48 Life After Prison

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

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

Believe it or not, there are many reasons to plead guilty when you’re not.

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

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

When forensic evidence gets it wrong, how do we free the innocent?

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

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

Special thanks to our sponsor Clio.

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

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

Special thanks to our sponsor Clio.

What happens when forensic science is later found to be false?

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