The Girlfriends S3/E3: He Said, She Said

Summary

The Girlfriends: Jailhouse Lawyer - Season 3, Episode 3: "He Said, She Said"

Introduction

In Episode 3 of Season 3, titled "He Said, She Said," host Anna Sinfield delves deeper into the harrowing case of Kelly Harnett, a woman convicted of murder after witnessing her abusive boyfriend, Tommy Donovan, kill a man. This episode explores the blurred lines between victimhood and villainy, shedding light on the complexities of Kelly's situation and the challenges she faces within the justice system.

The Night of the Murder

The episode opens on the early morning of July 7, 2010, when Kelly Harnett arrives at her regular spot in Union Square and reads a headline announcing the murder of Reuben Angel Vargas. Unbeknownst to her, this event will drastically alter her life.

Kelly Harnett [03:35]: "I started getting dizzy. I started seeing stars. And I was like, whoa. But I knew... I know my sister. She didn't do this. I know she didn't do it."

Shortly after, Kelly is arrested and processed as a suspect. Shocked and disoriented, she begins to comprehend the gravity of her situation.

Experiencing Police Custody

Kelly's ordeal in police custody is depicted with raw intensity. She describes the humiliating treatment she endures, including being stripped down to a paper suit, denied essential medications, and subjected to inappropriate behavior from male officers.

Kelly Harnett [06:17]: "They took all of my clothes from me, including my bra and underwear. They put me in a white paper suit."

Despite witnessing her boyfriend commit murder, Kelly feels she is not treated as a victim. Her pleas for seizure medication and sanitary products are ignored, exacerbating her physical and emotional distress.

Kelly Harnett [08:28]: "I'm bleeding everywhere, but you're talking about my breasts and calling your friends in because it's a free show. Disgusting pigs."

Inconsistencies in Statements

Anna Sinfield scrutinizes the discrepancies between Kelly's personal account and the official police statements. Kelly's initial oral statement claims she did not witness the murder, whereas later interviews reveal she saw Tommy kill Angel. Additionally, discrepancies emerge in the details of what occurred during the altercation.

Anna Sinfield [11:29]: "You doing okay?"

Kelly Harnett [12:00]: "Yeah, it was just the part that started. Cuz, you know, the beginning is what I told the detectives because I was just afraid..."

These inconsistencies raise questions about the reliability of Kelly's statements and whether external pressures may have influenced her accounts.

Tommy Donovan's Statement

Tommy Donovan's version of events adds another layer of complexity. His detailed statement diverges significantly from Kelly's recounting, introducing elements that Anna finds implausible and indicative of potential manipulation.

Anna Sinfield [17:37]: "Mr. Donovan informed me that over the past few nights, they had had problems with perverts trying to watch them having sex, and that they had even named them nightcrawlers."

Tommy's narrative includes vivid descriptions of interactions leading up to the murder, some of which Anna doubts, suspecting efforts to shift blame or fabricate parts of the story.

Kelly's Defense and False Confessions

Kelly reveals under intense pressure that she was coerced into making false statements. Fearful for her safety and under the influence of overwhelming circumstances, she confesses to actions she did not commit.

Kelly Harnett [26:00]: "I have absolutely no, no respect for them. I'm sorry, but they were disgusting to me. I didn't even fucking commit this crime. How dare you. How fucking dare you."

Anna empathizes with Kelly's predicament, recognizing the trauma and fear that may have forced her into compromising positions, but remains conflicted about the truth behind her statements.

Host's Reflections and Struggle with Trust

Anna openly discusses her internal conflict regarding Kelly's credibility. She grapples with the possibility that Kelly may be withholding information or presenting a distorted version of events to protect herself.

Anna Sinfield [32:39]: "The awkward truth is you either believe Kelly's story now or you don't. For me, it comes down to that trust."

This introspection highlights the broader themes of the episode: the challenges in discerning truth within traumatic situations and the fine line between victimhood and culpability.

Arraignment and Continued Mistreatment

The episode recounts Kelly and Tommy's arraignment, emphasizing the stark contrast in how they are treated by law enforcement. While Tommy retains his clothing, symbolizing a lack of accountability, Kelly remains confined in a bloodstained paper suit, further illustrating her dehumanization.

Kelly Harnett [39:24]: "Why wouldn't you take his clothing? Even if I kicked him, what does that have to do with my bra and panties?"

This scene underscores the injustice Kelly faces, exacerbating her sense of entrapment and betrayal by the system meant to protect her.

Final Reflections and Tease for Next Episode

As the episode concludes, Anna expresses her deep frustration and confusion, acknowledging the complexity of Kelly's situation and her own limitations in fully understanding or representing her story.

Anna Sinfield [36:59]: "But, yeah, everyone's a victim. Everyone's a villain."

She hints at the ongoing struggle to uncover the truth and the multifaceted nature of victimhood and villainy, setting the stage for further exploration in upcoming episodes.

Conclusion

"He Said, She Said" masterfully navigates the intricate dynamics of Kelly Harnett's case, highlighting systemic failures, personal trauma, and the elusive search for truth. Through poignant narratives and critical analysis, Anna Sinfield invites listeners to question preconceived notions of justice and the complexities inherent in victim and perpetrator roles.

Notable Quotes

• Kelly Harnett [06:17]: "They took all of my clothes from me, including my bra and underwear. They put me in a white paper suit."

• Anna Sinfield [11:29]: "You doing okay?"

• Kelly Harnett [26:00]: "I have absolutely no, no respect for them. I'm sorry, but they were disgusting to me."

• Anna Sinfield [36:59]: "But, yeah, everyone's a victim. Everyone's a villain."

Timestamp Highlights

• 03:35: Kelly discovers she's been arrested.
• 06:17: Description of Kelly's treatment in custody.
• 09:02: Kelly condemns the police officers' behavior.
• 11:29: Initial discrepancies in Kelly's statements.
• 17:37: Analysis of Tommy Donovan's statement.
• 26:00: Kelly admits to coerced statements.
• 32:39: Anna reflects on trust and truth.
• 39:24: Kelly critiques the arraignment process.

Final Thoughts

This episode serves as a compelling examination of the fragile identity of victims within the criminal justice system, questioning how trauma and coercion can transform a victim into a perceived villain. Anna Sinfield's empathetic yet critical approach encourages listeners to engage deeply with the narrative, fostering a nuanced understanding of Kelly Harnett's plight.

Transcript

[Host 1]

This is an iHeart podcast.

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[Anna Sinfield]

Hey, girlfriend, it's Anna here giving you a quick heads up on what to expect in this episode. We're going to talk about the night of the murder a lot and in detail. And I want to warn you that there's going to be some mentions of domestic abuse, sexual assault and suicide. But we'll also get the chance to dive into the weeds of the police investigation to learn more about the case against Kelly and the holes in it. If you feel impacted by some of the themes in this show, you can reach out to know more. They're a domestic violence charity with a lot of great resources to help you or your loved ones. You can search nomore.org and we've also put a link to their website in the episode description. Plus, as always, there'll be more than a few swear words for Kelly Harnett's brother Ronnie. July 7, 2010 was a totally normal day.

[Kelly Harnett]

I was on my way back from work and I had, you know how, like, in Union Square and things like that, they had the Village Voice or whatever, so they had a newspaper.

[Anna Sinfield]

He picks it up and sits down, leafing through like he would any other time. And there, printed in black and white, is a headline that reads something like, police arrest two individuals after a murder in Astoria, Queens.

[Kelly Harnett]

I was looking at people next to me. I said, do you believe this in our neighborhood? And I showed them, and they looked at it and they just shook their heads. They were like, what's this world coming to?

[Anna Sinfield]

Ronnie doesn't think any more of it, other than what a shame it is that the place he once knew as a safe family neighborhood seems to be going to the dogs.

[Kelly Harnett]

So I got home, my mother's like, yeah, you might want to sit down. I was like, mom, just tell me what's going on. And I never in a billion years did that cross my mind, what I read, you know? So she's like, kelly, she got arrested. I said, for what? She said, for murder. Shocking is an understatement. I started getting dizzy. I started seeing stars. And I was like, whoa. But I knew. I said, I know my sister. She didn't do this. I know she didn't do it.

[Anna Sinfield]

I'm Anna Sinfield, and from the teams at Novel and iHeart podcasts, this is the girlfriend's jailhouse lawyer. Episode three, he said, she said. It's around 4am on July 7, 2010, when Kelly Harnett first arrives at the 114th Precinct. She's immediately processed as a suspect in the murder of Reuben Angel Vargas.

[Host 1]

They took all of my clothes from me, including my bra and underwear. They put me in a white paper suit.

[Anna Sinfield]

Kelly can't believe what's happening to her. She's just witnessed her boyfriend, Tommy Donovan, kill a man right in front of her before threatening that she would be next. But no one seems to be treating her like the victim she is. Sitting in her cell, feeling like the world is against her. Kelly decides to do something reckless, something that will warp and color every memory. She tells me from this time. Somehow she's managed to smuggle in a huge amount of Xanax, and she knows she needs to get rid of them before they're discovered by the police. But she also just wants to escape this situation somehow. And right there in the palm of her hand, she sees a solution.

[Host 1]

Down the hatch they go. And there was a lot. And I didn't care if it was a suicide attempt or what the hell it was. Whatever happens, happens, because it sounds like my life just got ripped from under me because of something that I didn't even do. I was like, look, if I die, I die.

[Anna Sinfield]

From there, things just get worse for Kelly. Not only is she now really high in police custody, but she's also withdrawing. She tells the police she needs her methadone. She's on that huge 170 milligram daily dose, but she's been without it for days because Tommy wouldn't let her go to the clinic. Kelly's hoping now she's in official police custody that they'll give her what she needs, but they refuse. On top of this, Kelly suffers from what's called grand mal seizures. She says she asked repeatedly for her seizure medication, which is in police possession, but they say they'll only give it to her if she writes a statement. She has multiple seizures while in custody. She also gets her period. She asks the cops for some sanitary products, but they refuse those, too. They leave her bleeding into her white paper suit. It soaks right through and is visible to anyone who sees her. And because she hasn't got anything on underneath, every time she goes to the bathroom, she has to strip down completely naked, Kelly says. Male staff gather around to watch, making comments about her body.

[Host 1]

I'm bleeding everywhere, but you're talking about my breasts and calling your friends in because it's a free show. Disgusting pigs. I have absolutely no, no respect for them. I'm sorry, but they were disgusting to me. I didn't even fucking commit this crime. How dare you. How fucking dare you.

[Anna Sinfield]

It should be clear to anyone that Kelly is in no fit state to give a reliable account of what's happened. And yet, four hours after her arrest, the cops take down an oral statement. Here's a quick reminder of how Kelly described the night of the murder. Back in episode one, Kelly and Tommy met angel and they decided to drink together while Tommy went off to buy the three of them beers. Kelly says angel sexually assaulted her. When Tommy returned, Kelly told him what happened. Tommy then attacked and choked Angel. Kelly tried to get him to stop, but Tommy pushed her away and threatened that she would be next. After that, Tommy forced Kelly to hand over her shoelace. He then attempted to use it to strangle angel, but it snapped. Next, Kelly witnessed Tommy put his belt around Angel's neck and finally kill him. That's what Kelly said to me in 2024, but it's not what she told the police. Back in 2010.

[Host 1]

I was woken up frantically by my boyfriend, Tommy Donovan, stating we gotta get out of here now. And then they put in parentheses.

[Anna Sinfield]

Kelly is reading from her original oral statement, which was taken at around 8am on July 7. In it, Kelly says that she didn't witness the crime at all. Instead, she's woken up by Tommy, who tells her that he'd seen a guy who'd stolen his shoes the previous day and choked him unconscious. He then tells her, start packing your crap up. Kelly starts gathering her things and while she's doing that, Kelly says Tommy takes the shoelace out of her sneaker and takes it over to the guy who's on the ground.

[Host 1]

A male Hispanic wearing a dark colored shirt was lying down, not moving, and that Tommy grabbed him from behind, around the neck and choked him again for approximately 10 seconds. Kelly states that Tommy told her to kick said male Hispanic and that she didn't. Kelly states that Tommy let said male Hispanic go and he fell to the ground, lifeless.

[Anna Sinfield]

You doing okay?

[Host 1]

Yeah, it was just the part that started. Cuz, you know, the beginning is what I told the detectives because I was just afraid, you know, there was no truth to it. But the part that got me was when it became truthful that he had the male and that he fell lifeless. That, that gets me. Yeah, of course, you know, because no.

[Anna Sinfield]

Matter what he tried, meaning the sexual.

[Host 1]

Assault, that's still life. At the end of the day, he's still someone's brother, he's someone's son, possibly father, you know, so it's terrible.

[Anna Sinfield]

In a written statement, she gives about an hour or so later, at about 9:30am, Kelly sounds like she's really grappling with the horrors of the previous night. It honestly does read like she's high in a disjointed stream of consciousness. Where she veers from talking about her mum's back injury to her college scholarships to how religious she is. Kelly writes about how putrid she feels about all of this. This and how going down for Tommy's stupidity is such an awful feeling. I take all of that into account and I really do feel for the Kelly of 2010. But I can't pretend that all the inconsistencies between the story Kelly told me and the story in these statements don't give me pause. Especially this one detail she's never told me before that Tommy ordered her to kick Angel. In the statements from 2010, she says she didn't do it, so I don't really understand why she left it out when she told me her version. Years later, for the first time, I'm grappling with the possibility that Kelly isn't being fully open with me. We both have stories to tell here, but I do have this fear that they're not the same one. Before I can go any further, I need to understand more about what happened that night, this time from Tommy's perspective.

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[Anna Sinfield]

Can I just read you this statement from Tommy? There's some stuff that's really horrible. Yeah, I'm sat with my producer Jake in our Midtown Airbnb Tommy Donovan's statement in front of us. It's one of a few that he gave that day. This one is an oral statement taken according to the police documents at around 4:30pm on July 7, the day of the murder. It looks like it was typed up the next day on the 8th, with all of this confusion swirling around in my mind, I want to look at what Tommy had to say about what happened in the park that night. Believe me when I say that I am not predisposed to trust this man, but I'm working with what I've got. And what immediately stands out to me is the weird and colorful context Tommy seems to add to that night in the park. So this is obviously written from the perspective of the cop noting it down. Mr. Donovan informed me that over the past few nights, they had had problems with perverts trying to watch them having sex, and that they had even named them nightcrawlers. Yeah. Mr. Donovan informed. It goes on to talk about how Tommy and Kelly were attempting to fool around on a makeshift bed under Hell's Gate Bridge. When Kelly noticed one of these nightcrawlers, she stormed up and slapped him around the face, which then prompted Tommy to chase him 70ft across the park. On the way back, he spotted a Hispanic man sitting on a park bench who said, that's not right that they try to watch you sit and have a beer. So can we just stop there for a minute? Because it feels very made up.

[Producer 1]

Yeah, that's like somebody trying to write, like, a bad script of what this kind of moment could be like. And I'm, like, really trying to keep in mind that this is what he's saying hours after all this just happened.

[Anna Sinfield]

Yeah, I think, like, Kelly also told me about how she had to translate between Tommy and Angel, who spoke Spanish, but there's no language barrier problem. In this retelling, Mr. Donovan states that he accepted the man's offer and took a Morello beer. Kelly then walked over and the man offered her a beer as well, which she accepted. Mr. Donovan informed me that the three of them had a beer or two each while discussing different types of beers and agreeing on how Morello is much better than Corona. I don't have a lot to say about that, but it's weird.

[Producer 1]

The only other thing I was thinking is, like, it's really hard for me to wrap my mind around whether the fact that there is so much detail makes it more or less plausible.

[Anna Sinfield]

Mr. Donovan further states that the man they had just met introduced himself as angel and was now asking him to run to the bodega and buy some more beer and had stated, don't worry about it. I have money and you can take my bike. Mr. Donovan states that he jumped on Angel's bike and quickly rode up to the bodega, where he purchased six Loco beers. So that's where the Loco comes in. He then quickly rode. Tommy's statement then says that when he returned, Kelly and Angel were in the same spot he had left them in. He says he asked Kelly if she was okay. She stated that she was fine and they went on to drink the beers they bought while chatting about various topics. Mr. Donovan states that after a while, according to Tommy's statement, he and Kelly decided they wanted to get back to fooling around under the bridge. But angel wouldn't leave them alone. He's begging them not to go and offering to buy more drinks and food, eventually following them to their makeshift bed. So Tommy told Kelly to pretend she was sleeping while he went to pee on the wood chip pile nearby. While he was peeing, he heard Kelly's voice and she sounded upset. He stopped peeing in midstream and walked back over to Kelly. Once there, Kelly informed him that angel had just offered her money for sex and he had stated to her, I want to lick your pussy. I'm good at it. Kelly further stated that angel had said to her, I have money and a job. I can take care of you. Kelly informed him that angel had just grabbed her crotch and was visibly upset. Just a warning that. The next section talks about the murder itself. Mr. Donovan states that he became very angry, walked over to him and pushed him, the two of them. The statement then goes on to say that Tommy and Angel started wrestling on the ground, throwing and not landing punches. Eventually, Tommy gets Angel into a chokehold with his right arm, but it wasn't working. It doesn't specify where Kelly is, but it must be right next to them. As it then says, Tommy tells Kelly to kick angel, then to kick him harder, which it says she does numerous times in the groin. This is where it gets kind of crazy. Mr. Donovan further stated that he then told Kelly to give him her shoestring. He stated that she removed her shoestring from her shoe and wrapped it around his neck and pulling it tight and handing it to him. He then choked him with it until he became limp once angel was unconscious. And again, this is coming from Tommy's typed up oral statement. Tommy told Kelly that they needed to get the hell out of there and started gathering up his things. Then he walked away and when he looked back, he saw that Kelly was on top of angel, strangling him to death. He ran over and yelled at her to go. And on their way out of the park, Donovan says he noticed Kelly took Angel's wallet and cash. Mr. Donovan stated that he did not want to get arrested for robbery. Really small concern there. So he grabbed the wallet from her, threw it on the rocks, and put the money in his pocket. They both then crossed the street towards the water, where they were immediately stopped by the police, resulting in them getting arrested.

[Producer 1]

Wow.

[Anna Sinfield]

Okay, let's digest all of that properly, because it was a lot. The inconsistencies between Kelly and Tommy's 2010 statements range from minor to glaring. Both Tommy and Kelly's statements mention the shoelace, although he says she handed it over and she says he took it from her. And both of them mention Tommy telling Kelly to kick angel, although they again differ on whether Kelly actually did or didn't do it. Kelly says she was woken by Tommy after he admitted choking out Angel. But Tommy says Kelly was not only awake for the attack, but that she physically put her own shoelace around Angel's neck, pulled it tight, and handed it to Tommy. Tommy also says that while he choked angel, it was only to the point of unconsciousness. Then he walked away, and when he looked back, he saw that Kelly was on top of angel, strangling him to death. And then there's the differences in Kelly's accounts, which I understand, thinking about the mindset that 2010 Kelly was in. Traumatised, scared, not to mention high. I can totally get why she would lie to the police to protect herself, why she'd want to distance herself from terrible crime, But I'm also confused about what the truth is. Sure, but also why Kelly isn't opening up to me. Could I ask you some questions about Donovan's statement?

[Host 1]

Sure.

[Anna Sinfield]

I've been reading through it. There are a couple of things that stood out to me that seemed to be kind of parallels. Some stuff that came up in your original statement that seemed to match and haven't come up in our previous conversations. One of them being he asked you to kick Ruben. Ruben being Ruben Angel Vargas, the victim. And then in his original statement, you do that. In your original statement, you also say that he asked you to, but you didn't do it. And then since we've spoken, there hasn't been any mention of the kicking. And so I just want to figure out.

[Host 1]

Oh, okay, clarification.

[Anna Sinfield]

Yeah. Okay.

[Host 1]

So I remember the detective kept saying to me, now just write that he told you to kick the victim and that you did. Like, nobody kicked him, not even my co defendant, what really happened. When I was speaking to the Spanishman, the decedent, he told both of us that he got thrown out of the house because he was drinking too much and that his brother beat him up and threw him out. So when you beat someone up, clearly there's going to be bruising. So they wanted to implicate me just for me to take the blame on doing something. And he yelled at me to the point where I wrote the words just for them to stop. I remember thinking, this is how confessions come about.

[Anna Sinfield]

I think Kelly means false confessions here.

[Host 1]

The fact that I'm writing, he told me to kick him. That was a lie. That was a complete lie. But I felt like since the word kick is in there, they'll lay off a little bit. And they. They did.

[Anna Sinfield]

The reason I ask about the kicking is because to me, if somebody did what is said in Tommy's statement, kicking someone to get them away is not at all a bad thing.

[Host 1]

That's.

[Anna Sinfield]

And so I'm just saying, like, if that had happened.

[Host 1]

No, no.

[Anna Sinfield]

I would be like, fair the fuck enough, you know.

[Host 1]

No, no, I get it. This is what I'm trying to say. If I kicked him 100%, I would tell you I kicked him. But if I didn't kick him, I didn't kick him. I almost wished I kicked him at this point. I didn't kick him. You know why? I was too fucking scared to kick him. I was not going back there. You have to think of the domestic violence aspect and not the truth finding aspect. The domestic violence aspect of the matter is that I was afraid of Tommy. You think I'm gonna be busy trying to kick a man when I'm trying to figure out how the hell am I gonna get out of this one? Will I live to see the next minute? Of course. No. I'm not going to worry about going to kick someone. I adopted what they stated just to write it, so they leave me the fuck alone.

[Anna Sinfield]

So I'm going to be really honest here about a couple of things. Number one is that I'm not proud of the tape that you just heard. Then I nearly didn't include it. Number two is that I feel so fucking out of my depth right now. In all the years I've spent making this show, speaking to countless survivors of domestic and gendered violence, I've never upset someone like that. But then I've never dealt with someone as complicated as Kelly. And I have absolutely no idea where to go from here.

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[Anna Sinfield]

I spend a lot of time running back that conversation between me and Kelly in my head. When she spoke about hoping that the police would leave her the fuck alone, I can't help but feel like she was also talking to me, which feels like shit. The last thing I want Kelly to feel is attacked or judged because for me so much of this job of interviewing people, of getting them to share their experiences with me. It's a relationship, one based around mutual respect and trust, one that I honestly tend to find pretty easy to build. I'm struggling to build that mutual trust with Kelly. Sometimes I feel like she's telling me exactly what I want to hear and then other times I can feel like she's keeping me at arm's length. I'm gonna go out on a limb here and say that I do not in any way believe the part of Tommy's statement where he says Kelly physically strangled Angel. I think this was nothing more than him trying to shift some of the blame for his crime. But I can't ignore the fact that it is possible that Kelly could have kicked Angel. It's mentioned in both statements, so I feel like I have to at least consider it. But even if she did kick angel, for me it would just be another sign of the terrible situation she was in and of the power Tommy had over her, not proof that she killed anyone. I do think Kelly has a point about the police pushing her to write what they wanted, because when I start looking into things a little deeper, it does feel like there's something funny going on in these statements. This next section gets into the weeds a little bit, but stay with me. Remember how I said Tommy gave multiple statements to the police? Well, one of them is a handwritten statement which was made at about 6pm on July 7. In that statement, he isn't as certain about the details. He says he couldn't remember if Kelly said Angel tried to touch her or did touch her. But in the officer's typed up version, you've just heard me and producer Jake reading, that uncertainty is nowhere to be found. Also in the typed version, it says Kelly kicked Angel on Tommy's orders and then robbed Angel's dead body for good measure. But in the written version by Tommy himself, there's no mention of the kicking or of the robbery, which seems like a pretty big omission to me. Two pretty big omissions. I know these might seem like small details, but I do think it's worth examining how statements can become, let's just say, refined by police who are trying to build an airtight case. The more I look into it, the more confused I become. The awkward truth is you either believe Kelly's story now or you don't. For me, it comes down to that trust. Again, I can't ignore the possibility, however uncomfortable it is to face. But Kelly could be hiding things, things she doesn't want to say because she thinks it makes her look bad. Less like a victim, more like a villain. Maybe because she doesn't trust that I'm able to understand, doesn't think I can extend my compassion to someone who's done a bad thing in the name of survival, even though that's at the heart of what I'm trying to do with this series. But I can't say I really blame her. After the way our last conversation went down, I feel like this story is exposing all of my blind spots. I don't know how to tell Kelly's story. I don't know who she is in the story. Who's the victim?

[Producer 1]

I think everybody's the victim. Yeah, like they're all the victim. You could put everybody in a different role. You could, like, make it whatever you want it to be.

[Anna Sinfield]

But, yeah, everyone's a victim. Everyone's a villain. How do you like that? I heart.

[Producer 1]

End of series.

[Anna Sinfield]

End of series wraps. And not just yet. I'm not going to throw in the towel that easy. So let's go back to July 2010. Kelly's not sure exactly how long she'd been at the 114th Precinct for. Things must be hazy as she comes down from the fistful of Xanax she swallowed when she first arrived. But she has a rough idea.

[Host 1]

I figured out how long I was there by touching my legs and judging by the length of the hair on my legs, because I shave every single day and I could tell. I was like, I've been here for a little bit over two days now.

[Anna Sinfield]

Using leg hair as clock hands is honestly ingenious. And Kelly's probably about right, because according to New York law, generally you're only allowed to hold someone for up to 72 hours before you either charge them or release them. Unfortunately for Kelly, it's the former. Kelly's taken to be formally charged in Queen's Court. She's still in that bloodstained paper suit.

[Host 1]

Paper. Nothing more than paper. Not even shoes. And my own blood coming everywhere.

[Anna Sinfield]

She's being arraigned alongside Tommy.

[Host 1]

The first thing I noticed, which is unbelievable, and the 114th Precinct should be absolutely ashamed of themselves, is that he was wearing his own clothes. The admitted murderer had his own clothes on while they took me. The female's clothes. How dare they.

[Anna Sinfield]

Tommy is brought up to the stand next to Kelly. They're now side by side. She takes a moment to look him up and down, and that's when she realizes something.

[Host 1]

Not only did he get to keep his own clothes, he had his belt on.

[Anna Sinfield]

The belt that, according to Kelly, Tommy used to strangle angel to death.

[Host 1]

They let him in with the weapon that killed someone that took someone's life.

[Anna Sinfield]

Kelly's fuming, and I get it. The indignity she's suffered for the past few days in the police precinct would be hard for anyone to bear. And for the record, I find it supremely fucked up how differently Kelly says she and Tommy are being treated. It isn't right under any circumstances. Whether or not you believe that Kelly kicked Angel, I swear on my mother's.

[Host 1]

Ashes, I really did not kick that man. May I go to hell for all of eternity. I did not kick that man. But even if I did, he admittedly strangled him. Why wouldn't you take his clothing? Even if I kicked him, what does that have to do with my bra and panties? It's such a violation of every civil right. Like you're treating me less than a human being. That's what they put me through. This is the justice system. In God we trust. No, you don't. You don't trust in God. If you do that to people, there is no God there.

[Anna Sinfield]

Once Kelly and Tommy are arraigned, they're taken out of the courtroom and walk towards a jail transfer bus, one that is hauntingly familiar to Kelly. When Kelly was a little girl, she and her brother Ronnie used to play around at their aunt's house.

[Host 1]

She lived the house right there where you turned and went to the bridge.

[Anna Sinfield]

To go to Rikers, as in Rikers Island Jail.

[Host 1]

And I would be playing in the front. The Rikers island buses used to pass by all the time and then curve right into where Rikers is.

[Anna Sinfield]

As the buses crept past the two children, the passengers eyes turned to them.

[Host 1]

They would be watching Ronnie and I and I would see those buses pass all the time. And I was like, what's those buses? Why do they have cages?

[Anna Sinfield]

Now decades on, Kelly's an adult stepping onto one of those buses.

[Host 1]

It was all men and just me. And Tommy was on the bus and all the men were calling me a dirty bitch. Not that I look dirty because I take showers every day, but because of my female issue.

[Anna Sinfield]

The blood stained paper suit.

[Host 1]

Dirty bitch, smelly bitch. You smell like fish. This and that. I'm just waiting for Tommy to say something he never did.

[Anna Sinfield]

The bus winds through the city, passing the same garden Kelly and her brother Ronnie played in as children. Except now it's Kelly who's looking out for through a caged window on her way to Rikers island jail.

[Host 1]

Rikers had seriously dangerous people and it scared the hell out of me.

[Anna Sinfield]

Next time on the Girlfriend's Jailhouse Lawyer. Kelly fights to prove her innocence and to survive life in Rikers.

[Host 1]

Well, this was the survival of the fittest. Only the strong survive our sisterhood. We called ourselves the Showies. I'm not guilty. I plan on taking this to trial.

[Kelly Harnett]

Don't go to trial. Please don't go to trial.

[Host 1]

She goes, harnett, you gotta start fighting your case. It became the love of my life. Oh, God. Harnett. Jailhouse Lawyer.

[Anna Sinfield]

The girlfriend's Jailhouse Lawyer is produced by Novel for iHeart Podcasts. For more from Novel, visit Novel Audio. The show is hosted by me, Anna Sinfield and is written and produced by me and Lee Meyer with additional production from Jake Otajevic and Michael Jino. Our assistant producer is Madeline Parr. The editors are Georgia Moody and me, Anna Sinfield. Production management from Cherie Houston, Jo Savage and Charlotte Wolf. Our fact checker is Danya Suleiman. Sound design, mixing and scoring by Daniel Kempson and Nicholas Alexander. Music supervision by me, Alice Enfield, Lee Meyer and Nicholas Alexander. Original music composed by Nicholas Alexander, Daniel Kempson and Louisa Gerstein. Story development by Nell Gray Andrews and Willard Foxton. Creative director of Novel. Max o' Brien and Craig Strachan are our executive producers for Novel and Katrina Norvell and Nikki Etor are the executive producers for iHeart podcasts and the marketing lead is Alice and Cantor. Thanks. Also to Carrie Lieberman and the whole team at wme.

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