CounterClock Podcast Episode 7: Judgement
Hosted by audiochuck
Release Date: November 29, 2024

Overview

In Episode 7 of CounterClock, titled "Judgement," investigative journalist Delia D'Ambra delves into a decades-old homicide case from Forsyth County. The episode examines the attempts to exonerate four men—Rayshawn, Nathaniel, Christopher, and Jamal—convicted as teenagers for the murder and robbery of Mr. Jones in the late 1990s. Nearly 20 years after the crime, the Innocence Inquiry Commission's final phase, the Three Judge Panel, undertakes the pivotal task of determining the defendants' innocence based on newly surfaced evidence and recanted testimonies.

Background of the Case

On April 18, 2022, the Three Judge Panel in Forsyth County initiated its final review of the Jones murder case. The panel comprised three judges responsible for assessing whether the defendants had met the "clear and convincing" evidence standard to prove their innocence—a significant departure from the typical "beyond a reasonable doubt" burden placed on prosecutors.

Brad Bannon, Christopher Bryant's Attorney [12:45]:
"Clear and convincing evidence of innocence was a lot different than sufficient evidence to merit judicial review...they're innocent."

Despite favorable indicators from an eight-member panel vote, the defense faced the arduous challenge of establishing such a high burden of proof after two decades of conviction.

Key Testimonies and Evidence

Jessica Black’s Recantation

A pivotal moment in the proceedings was Jessica Black's recantation. Originally a 16-year-old who falsely confessed to the crime, Jessica took an oath before the judges to admit her wrongdoing.

Jessica Black [25:30]:
"I am the one that did that. I'm the one that cost them all that time."

Her emotional reconciliation with the defendants, especially Christopher and Jamal, highlighted the human aspect of the miscarriage of justice.

Jessica Black [28:15]:
"They hugged me and I just broke down... you knew there was no anger, no hostility."

Expert Testimonies

The defense presented expert testimonies to bolster their case:

• Dr. Haley Cleary: A developmental psychology expert who identified cognitive and situational factors leading to false confessions among juveniles.

  Brad Bannon [34:20]:
  "I've never worked with an expert who is better than she is in terms of what she knows... she studies this for a living."

• Independent Footwear Expert Marty Ludas: Challenged the reliability of shoe print evidence used in the original trials.

  Marty Ludas [1:10:45]:
  "The wear pattern interpretation is very subjective... we used to testify with 100% certainty, which we now know is misleading."

Legal Framework and Challenges

The episode emphasizes the reversal of the traditional burden of proof, placing it on the defendants to demonstrate their innocence. This shift is underscored by the complexities introduced by recanted confessions and new forensic evidence, such as DNA findings and updated guidelines on footwear analysis.

Delia D'Ambra [1:25:30]:
"The judges couldn't settle for leaving the case unresolved. They must have held it against us that we didn't actually show who did it."

Reactions and Fallout

Defendants’ Responses

The defendants exhibited a range of emotions following the panel's unanimous denial of their innocence claims:

Rayshawn Banner [1:40:15]:
"I got nothing but sympathy from them, and I'm never going to say a bad thing about them."

Conversely, they expressed frustration with the lack of progress despite new evidence:

Jamal [1:45:50]:
"We didn't commit no crimes. We never committed no crime against y'all."

Jones Family’s Stance

Despite the new evidence, the Jones family's conviction remains steadfast, influenced by long-held beliefs and statements from family members.

Rhonda Hairston [2:05:10]:
"We have the right ones convicted who murdered my dad... I am confident that we have the right people."

The family's unwavering stance adds a profound layer of tension to the proceedings, illustrating the emotional complexities inherent in wrongful conviction cases.

Legal and Community Perspectives

Legal experts and community members provide critical insights into the broader implications of the case.

Mark Rabel [2:30:45]:
"They didn't put in the work to investigate their clients' intellectual disabilities... It's about the credibility of the lawyers."

Retired police detective Chuck Byrom criticizes the defendants' ongoing legal battles, likening them to picking at a healing wound that hinders community closure.

Chuck Byrom [2:50:20]:
"They're aggravating a festering wound on the community that needs to go away for good."

Legal Missteps and Systemic Failures

The episode highlights significant legal missteps by the original defense attorneys, particularly Robert Leonard, whose ineffective representation is central to the defendants' current pursuit of exoneration.

Chris Muma [3:10:35]:
"His mistake is what's known as a Harbison error... he didn't do anything to investigate Rayshawn's level of intelligence."

Leonard's history of inadequate defense, including previous cases like Henry White's wrongful conviction, underscores systemic failures within the legal representation provided to marginalized individuals.

Judges’ Ruling and Its Implications

The judges' final comments reflect a paradoxical stance, acknowledging systemic issues while upholding the convictions.

Chief Justice [3:45:50]:
"There are aspects of this case that remain troubling and shine bright lights on the failings of our society and our system of justice."

This statement leaves both the defendants and their supporters perplexed, questioning the judges' stance on the validity of the new evidence versus the established convictions.

Next Steps and Future Proceedings

Following the judges' decision, motions for appropriate relief (MARs) were filed, seeking evidentiary hearings to present the new evidence formally. An evidentiary hearing is scheduled for January 2025, offering the defendants another opportunity to contest their convictions.

Delia D'Ambra [4:20:15]:
"The news that they'd get another shot in court felt like a victory for all of the defendants."

This forthcoming hearing represents a crucial juncture in the quest for justice, with both sides preparing for what could be a monumental shift in the case's trajectory.

Conclusion

Episode 7 of CounterClock masterfully navigates the intricate web of wrongful convictions, legal battles, and emotional turmoil surrounding the Jones murder case. Through compelling testimonies, expert analyses, and poignant narratives, Delia D'Ambra sheds light on the profound implications of systemic failures and the relentless pursuit of justice by those wronged by the system.

Notable Quotes

• Jessica Black [25:30]:
  "I am the one that did that. I'm the one that cost them all that time."

• Brad Bannon [34:20]:
  "I've never worked with an expert who is better than she is in terms of what she knows... she studies this for a living."

• Rhonda Hairston [2:05:10]:
  "We have the right ones convicted who murdered my dad... I am confident that we have the right people."

• Chief Justice [3:45:50]:
  "There are aspects of this case that remain troubling and shine bright lights on the failings of our society and our system of justice."

• Chuck Byrom [2:50:20]:
  "They're aggravating a festering wound on the community that needs to go away for good."

CounterClock continues to unravel complex stories of justice and injustice, offering listeners a profound understanding of the human elements that underpin legal battles.