Episodes

  • Evidence Preservation: Who’s Responsible and What Happens When It’s Lost or Destroyed

    Evidence Preservation: Who’s Responsible and What Happens When It’s Lost or Destroyed
    Sep 26 2024
    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.
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    40 mins
  • The Luis Vargas Story: Misidentified as the “Teardrop Rapist”

    The Luis Vargas Story: Misidentified as the “Teardrop Rapist”
    Sep 12 2024
    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.
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    32 mins
  • Eyewitness Misidentifications

    Eyewitness Misidentifications
    Aug 29 2024
    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.
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    40 mins
  • The Guy Miles Story: How Flawed Eyewitness Identification Led to 18 Years in Prison

    The Guy Miles Story: How Flawed Eyewitness Identification Led to 18 Years in Prison
    Aug 15 2024
    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
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    31 mins
  • Dark Pleas: Trading Innocence for Freedom in Post Conviction Deals

    Dark Pleas: Trading Innocence for Freedom in Post Conviction Deals
    Aug 1 2024
    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.
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    31 mins
  • Angela’s Story: A Dark Plea in Exchange for Freedom

    Angela’s Story: A Dark Plea in Exchange for Freedom
    Jul 18 2024
    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.
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    29 mins
  • Plea Deals: Why Innocent People Give Up and Go to Prison

    Plea Deals: Why Innocent People Give Up and Go to Prison
    Jun 20 2024
    Believe it or not, there are many reasons to plead guilty when you’re not. ----- 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.
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    48 mins
  • Marilyn’s Story: A Plea Deal Turned Deadly

    Marilyn’s Story: A Plea Deal Turned Deadly
    Jun 6 2024
    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.
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    30 mins