The Girlfriends S3/E6: Guilty Schmilty

Summary

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The Girlfriends: Jailhouse Lawyer – Season 3, Episode 6: "Guilty Schmilty"

Podcast: The Girlfriends: Jailhouse Lawyer
Hosted by: Anna Sinfield (iHeartPodcasts and Novel)
Air date: August 18, 2025

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Episode Overview

In this compelling episode, host Anna Sinfield takes listeners deeper into the aftermath of Kelly Harnett’s conviction—exploring blurred boundaries between victim and villain, the personal toll of prison, and Kelly’s transformation into a jailhouse lawyer. Through firsthand accounts, legal maneuvering, harsh sentencing, and the realities of life behind bars, the episode interrogates how a woman failed by the justice system becomes both an advocate for others and the target of fresh trauma.

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Key Discussion Points & Insights

1. Kelly’s Immediate Reaction to Conviction (02:44–04:54)

• Isolation and Despair: After being found guilty, Kelly is shattered, spending days under her covers at Rikers Island, unable to process the verdict.
  • “I was broken apart, clearly, for the first few days. Honestly, I laid in that bed.” – Kelly Harnett (02:44)
• Peer Support: Friends, especially Angelica and Trinity, rally to lift Kelly out of her depression.
  • “We had a three-day rule… you have three days of feeling sorry for yourself, and then you gotta get up and figure it out, right?” – Trinity (03:48)
• Turning Point: Trinity’s tough love motivates Kelly to return to the law library and resume fighting for herself.
  • “Guilty, schmilty… Laying here is not an option. You gotta get up and you gotta go for it.” – Trinity & Kelly (04:02–04:44)

2. Becoming a Jailhouse Lawyer (05:44–08:45)

• Legal Tenacity: Kelly, self-taught in law, files her first motion (a 68-page handwritten 330 to set aside the verdict), sparking a marathon of legal filings that delays her sentencing nearly 17 months.
  • “November 5, 2013 was my first motion... 68 pages.” – Kelly Harnett (05:52)
• Brady Rule Concerns: She suspects the prosecution failed to disclose potentially exculpatory evidence, specifically regarding the sole eyewitness’s background.
  • “The sole eyewitness in my trial had an extensive criminal background that was not turned over to me. Basically the biggest Brady violation of all.” – Kelly Harnett (07:56)
• Resourcefulness: Kelly goes so far as to contact Judge Lasak’s first-grade teacher and best friend to press her case.
  • “I left a message on his best friend’s voicemail telling the best friend how I’m innocent and they’ve made a huge mistake.” – Kelly Harnett (09:22)

3. Sentencing and Courtroom Moments (10:16–14:14)

• Defending Herself in Court: At sentencing, Kelly speaks at length, citing legal precedents and constitutional violations, impressing even the prosecution.
  • “I went on and on and on… citing case law and constitutional violations… shock and awe.” – Kelly Harnett (10:16)
• Judge’s Response: The judge emphasizes Kelly’s responsibility, denying her claim of being a victim and doubling down on the idea of agency and choice.
  • “You are not the victim in this case and you are not a witness. We all make choices in life, Ms. Harnett...[listing choices].” – Judge Lasak, read by Producer Jake (12:07)
• Host Reflection: Anna and Jake discuss the judge’s lack of nuance and empathy, highlighting the systemic barriers faced by women like Kelly.
  • “It feels like the judge is almost like a representation of the brick wall that somebody in Kelly’s position hits over and over again…” – Producer Jake (13:59)

4. Life in Bedford Hills Correctional Facility (15:34–17:49)

• Adapting to Prison: Kelly finds Bedford Hills a demoralizing environment, describing many inmates as “dead inside.”
  • “Bedford. Everybody’s dead. Everybody’s dead inside. They’re walking around, but there’s nothing in there.” – Kelly Harnett (16:02)
• Maintaining Individuality: Despite the oppressive environment, Kelly maintains her sense of self through small acts—matching her T-shirt, eyeshadow, and lipstick to showcase her personality.
  • “I wanted the individuality to shine through, because I’m not guilty.” – Kelly Harnett (16:43)
• New Purpose: Realizing her legal knowledge, Kelly is compelled to help others trapped by hopelessness.
  • “I know so much about the law… Jesus Christ, I have to help these people out.” – Kelly Harnett (17:49)

5. Building Community and Legal Advocacy (19:33–21:26)

• Jailhouse Lawyer at Work: Kelly becomes a law clerk, earning 24 cents an hour, and begins representing fellow inmates in their appeals and motions.
  • “I became a person full of hope for so many people at Bedford.” – Kelly Harnett (20:19)
• Aiming Higher: Determined to break new ground, Kelly sets a goal to help an inmate win freedom—a feat, she’s told, no woman has accomplished in the state.
  • “Nobody’s ever done that... I’m gonna be the first one to do that.” – Kelly Harnett (20:47)

6. Prison Social Life & Teaching Others (24:57–28:37)

• Daily Life: Trinity, another survivor of domestic violence, recalls Kelly’s persistent fight to get her cell door opened and the laughter they shared—a glimpse of found family amid hardship.
  • “Open three... Every single day.” – Trinity (25:28)
• Mentorship: Kelly pushes Trinity and other inmates to scrutinize their cases and empowers them to seek technicalities for possible relief.
  • “Kelly taught me that you can get out on a technicality... if it wasn’t for her, I wouldn’t have done that.” – Trinity (27:49)
• Respect and Protection: Kelly details how her legal expertise offers her safety—others leave her alone because they know they’ll need her help one day.
  • “I had the protection from the law library… because I was, like, the only lawyer. You know—jailhouse lawyer, obviously.” – Kelly Harnett (28:09)

7. Inappropriate Relationship with a Prison Officer (29:21–34:15)

• Crossed Boundaries: Kelly recounts an escalating relationship with a prison officer—moving from kindness to sexual contact, and eventually, to abuse.
  • “He started touching me and things of that nature… When we kissed for the first time, that felt nice.” (29:21)
  • “It was weird… maybe like they call it grooming. I felt violated.” (30:14)
• Consequences and Threats: Fearful her job is at risk and knowing the inmates rely on her, Kelly feels trapped—compelled to continue the unwanted relationship.
  • “The law library is my life, and without the law library, I’ll probably never get home.” (30:52)
• Confrontation: When Kelly discovers the officer had another relationship with an inmate, she unleashes her anger and threatens legal action.
  • “I said, I’m telling you right now, I’m going to take this law library and use it to convict you.” (33:12)

8. Institutional Response & Further Trauma (34:15–47:30)

• Prison Ignores Evidence: Kelly reports the officer, but authorities avoid interviewing Trinity—the key witness with the incriminating note.
  • “They went out of their way to not call Trinity so that they wouldn’t get evidence.” – Kelly Harnett (34:25)
• Unexpected Ally: Assistant District Attorney Sean Clark (her prosecutor) steps in to help by pressuring the department for a proper investigation.
  • “Now they’re taking me seriously, they said. Cause we’re getting phone calls now. He really did save me. Sean Clark.” – Kelly Harnett (47:10)
• No Justice: The officer isn’t prosecuted due to “insufficient evidence,” and Kelly loses her prized law library job.
  • “That’s the worst thing you could have done to me. And that’s when I just freaked out.” – Kelly Harnett (49:01)

9. Unlikely Connection with Prosecutor Sean Clark (39:03–47:18)

• Unorthodox Dialogue: Kelly maintains a relationship with Sean Clark, calling and even sending comic books about herself as Supergirl and Clark as Clark Kent.
  • “I would make comic books of what was going on between me, Sean Clark, and Mr. Murder [the judge].” – Kelly Harnett (39:56)
• Seeking Humanity: She tries to get him to see her as more than just a defendant.
  • “I was trying to show him that level of humanity that they never see.” – Kelly Harnett (39:35)
• Personal Philosophy: On why she refused a plea deal: - “Because I didn’t do it, Sean. I’m 100% innocent. And to tell you the truth, Sean, if I have to stay in prison for the rest of my life and die here, I’d rather that than to lie and say that I did something I didn’t do.” – Kelly Harnett (44:16)
• Prosecutor’s Conscience?: Anna speculates Sean’s ongoing contact suggests he may harbor doubts about the case.

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Notable Quotes & Memorable Moments

• “Guilty, schmilty... Laying here is not an option.” – Trinity & Kelly (04:02–04:44)
• “I became a person full of hope for so many people at Bedford.” – Kelly Harnett (20:19)
• “If somebody tried me, I would tell them, like, listen, this is something you don’t want to do, because I guarantee you, you will need me at some point in your bid.” – Kelly Harnett (28:09)
• “I said, I’m telling you right now, I’m going to take this law library and use it to convict you… you’re going to jail, and you’re going to be somebody’s bitch.” – Kelly Harnett confronting the officer (33:12–33:44)
• “Why didn’t you just take the plea?... Because I didn’t do it, Sean. I’m 100% innocent.” – Sean Clark and Kelly Harnett dialogue (44:03–44:16)
• “That’s the worst thing you could have done to me. And that’s when I just freaked out.” – Kelly Harnett (49:01)

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Timestamps for Key Segments

• Depression & Three-Day Rule: 02:44–04:54
• Diving into Legal Advocacy: 05:44–08:45
• Sentencing & Judge’s Views on ‘Choice’: 10:16–14:14
• Life in Bedford Hills: 15:34–17:49
• Hopes as Jailhouse Lawyer: 20:19–21:26
• Prison Community & Games: 24:57–27:49
• Mentoring Others & Protection: 27:49–28:37
• Relationship with Officer: 29:21–34:15
• Reporting Abuse & Law Library Loss: 34:15–49:01
• Connection with Prosecutor: 39:03–47:18

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Tone and Language

The tone is raw, candid, and laced with both dark humor and profound frustration. Kelly’s voice is rebellious and passionate, veering between vulnerable, defiant, and determined. Anna Sinfield’s narration is empathetic and probing, highlighting the complexities and contradictions within Kelly’s story and the carceral system.

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For Listeners New to the Episode

This episode paints a nuanced portrait of Kelly Harnett, not as a simple victim or villain, but as a resilient, complicated woman fighting both her own conviction and a system stacked against survivors of trauma. Her advocacy for others is as central as her attempts at self-redemption, and the episode doesn’t shy away from the grey areas of power, agency, and the search for justice behind bars.

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Transcript

[Kelly Harnett]

This is an iHeart podcast.

[iHeart Sports Announcer]

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[Anna Sinfield]

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[Anna Sinfield]

Hey, it's.

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[Kelly Harnett]

Now.

[Anna Sinfield]

I was looking for fun ways to tell you that Mint's offer of unlimited premium wireless for $15 a month is.

[iHeart Sports Announcer]

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[Anna Sinfield]

Fun if we made $15 bills, but it turns out that's very ille.

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[Kelly Harnett]

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[Anna Sinfield]

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[Anna Sinfield]

See mintmobile.com hey girlfriends, it's Anna. Most of this episode takes place in prison. There's going to be some mentions of murder and some very serious domestic abuse, but you'll also get to meet some more of the women Kelly got to know while she was locked up, many of whom have stories just as incredible and complex as hers. 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 knowmore.org and we've also put a link to their website in the episode description. And as you know, we all swear a little bit. It's October 2013. Alone in her cramped cell, surrounded by towering piles of legal documents, Kelly Harnett relives her trial over and over.

[Kelly Harnett]

I was broken apart, clearly, for the first few days, Honestly, I laid in that bed.

[Anna Sinfield]

Her fellow Rikers island shorties can't believe the jury's decision.

[Trinity]

She said she had been found guilty. But Kelly's not playing because Kelly's a jokester too.

[Anna Sinfield]

That's Angelica, who you heard from in episode four, Kelly's friend with all the makeup tips.

[Trinity]

She was like, no, they found me guilty. And she broke down and we were shocked and all of us started crying. We were like, how? Like, how is that possible?

[Anna Sinfield]

Kelly left the courtroom promising herself that she would take down the prosecutor from her trial, Assistant District Attorney Sean Clark. But instead, she's barely left herself for days. She's moping hard, head deep under the covers. Eventually, Angelica decides enough is enough.

[Trinity]

We had a three day rule.

[Kelly Harnett]

You have three days of feeling sorry for yourself, and then you got to.

[Trinity]

Get up and figure it out, right? Day number three, I barged into her style.

[Anna Sinfield]

I said, all right.

[Kelly Harnett]

She says, shawty, that's it.

[Trinity]

Let's go. It's time to get up.

[Kelly Harnett]

So I got up, I sat up, and she said, what are you doing? I mean, what are you doing? I said, what do you want me to do? I was found guilty. You know that. She goes, ah, guilty schmelty. She said, look around. Paperwork, paperwork, paper. All I see here is paperwork, Kelly. I said, yeah, I know. And it all went to nothing. She goes, oh, no, it didn't. No, no, you're not gonna go there with me.

[Trinity]

Take your butt to that little library and figure something out.

[Kelly Harnett]

Laying here is not an option. You gotta get up and you gotta go foreign.

[Anna Sinfield]

I'm Anna Sinfield and from the teams at Novel and I Heart Podcasts, this is the Girlfriends Jailhouse Lawyer, episode six, Guilty Schmulty. By November 2013, inspired by Angelica's tough love, Kelly is back in the Rikers law library.

[Kelly Harnett]

I started looking through everything, and that's when I found the 330 statute.

[Anna Sinfield]

A 3:30 is a motion to set aside a verdict.

[Kelly Harnett]

November 5, 2013 was my first motion that I put in. It was all in ink, handwritten, and it was 68 pages.

[Anna Sinfield]

Kelly doesn't want to leave anything to chance with this document. She picks up the phone and calls, of all people, prosecutor Sean Clark, the man who's just got her sent to prison.

[Kelly Harnett]

I wasn't sure if he was gonna hang up on me or speak to me, but he did say, yeah, yeah, I received it. I said, so what would happen when I go back to court? Probably nothing. It'll probably be adjourned. And this was the beginning of a 17 month war of attrition.

[Anna Sinfield]

For 17 months, Kelly, a self taught jailhouse lawyer, holds her sentencing at bay, trying every legal avenue she can find.

[Kelly Harnett]

He wrote a motion, I wrote a motion, maybe sometimes to every opposition I wrote for. And it came to a point where they stopped answering me, so I kept writing motions anyway.

[Anna Sinfield]

A lot of Kelly's motions focus on what's called the Brady Rule. It states that all evidence from the police and prosecution is meant to be turned over to the other side, especially things that could benefit the defence. And while it hasn't been proven, Kelly alleges that this Brady Rule was violated and that some evidence wasn't handed over. She also states that much of what's missing relates to the problematic eyewitness, Armando Perez. She found evidence in a police officer's notepad that he was known by a different name.

[Kelly Harnett]

They made a mistake. They didn't redact one of the portions. And it said witness Armando Contreras Perez.

[Anna Sinfield]

According to some online sleuthing, Kelly's brother Ronnie did. Armando Contreras Perez, well, he has some skeletons in his closet.

[Kelly Harnett]

The sole eyewitness in my trial had an extensive criminal background that was not turned over to me. Basically the biggest Brady violation of all.

[Anna Sinfield]

Kelly suspects Armando may have a criminal record and that it could have been wiped in exchange for his testimony against her. Although this hasn't been proven. And while I've seen a photocopy of the notebook with the Contrera's name in it, I haven't been able to find these criminal records myself. But that doesn't mean it's all just tinfoil hat nonsense either. Prosecutors do strike deals with individuals who have criminal charges or convictions in exchange for their testimony against someone else. Then there are the moves Kelly makes that are a little more unorthodox, especially when it comes to Judge Lasag.

[Kelly Harnett]

I got a hold of his first grade teacher.

[Anna Sinfield]

Kelly says she makes the connection through a chaplain called Sister Eileen, who she met at Rikers. And Sister Eileen knew the nun who taught at the judges school.

[Kelly Harnett]

So the first grade teacher called him back and from my understanding, she was really pushing him and prodding him, like, set this girl's verdict aside. Like, listen, I'm your first grade teacher. They tried the poor nuns.

[Anna Sinfield]

Kelly says she also manages to somehow find the number for Judge Lasak's best friend. She is nothing if not resourceful.

[Kelly Harnett]

I left a message on his best friend's voicemail telling the best friend how I'm innocent and they've made a huge mistake.

[Anna Sinfield]

I'm sure this all went down great with Judge Lasag. Kelly battles on and on and on. But after holding off her sentencing for nearly a year and a half, she's exhausted all her possible motions. No more delays. It's time to go back to court. It's March 2015. Kelly Harnett is standing in the same courtroom where she was found guilty 17 months ago. It's time for her sentencing. She's facing 25 years to life. This is Kelly's final opportunity to speak. And in true Kelly style, she's taking full advantage of it.

[Kelly Harnett]

I went on and on and on, on and on. I was citing case law and constitutional violations.

[Anna Sinfield]

I've seen the transcripts of this. It really does go on for page after page.

[Kelly Harnett]

All of these people were standing in front of me as I went on and on and on. And I looked at some of their faces and their mouths were open like shock and awe. That was one of my proudest moments because I had the ada.

[Anna Sinfield]

She means Sean Clark.

[Kelly Harnett]

Sucking his teeth, sighing. And what does it feel like? I felt like saying, like, you shut up. It's my time now.

[Anna Sinfield]

Kelly also says how sorry she is for angel and his family, but that she shouldn't be held responsible for his murder. She says I did not contribute to that death in any way, shape or form. I was definitely afraid of my co defendant. Kelly also says that had she not done what she did, Tommy would have killed her as well. And that instead of prosecuting a case with one victim, it would have been two. Kelly ends her monologue by thanking Judge Lasak for his patience. Then it's time for the judge to deliver his sentence and he doesn't hold back. I've asked producer Jake to read from the court transcripts.

[Producer Jake]

We had to delay the sentence to allow you to make every 3:30 motion that you deemed necessary, necessary to make. And it has been delayed for quite a number of months. This is a very sad case. The court takes no pleasure in any sentence, especially a sentence regarding a case like this. You are not the victim in this case and you are not a witness. We all make choices in life, Ms. Harnett. On this particular night, July 7th, back in 2010, you were with a person that you made a choice to be with Mr. Donovan. You had a choice to take 10 years on manslaughter plea, and you chose not to. Just like you chose to stay with Mr. Donovan and you chose not to try and stop him, and you chose to give him that sneaker lace and you chose to kick him, kick Mr. Vargas when he was down on the ground. These are all choices that you made at that time. And I'm sure, Ms. Harnett, you would wish you could turn back the clock to July 7, 2010, and act differently, and this never would have happened, and we wouldn't be here, and Mr. Vargas would be with his family. But we have to deal with the reality. And the reality is that you and Mr. Donovan acted in concert and killed him.

[Anna Sinfield]

That was, like, a pretty terrifying transcript from her case, wasn't it?

[Producer Jake]

Yeah.

[Anna Sinfield]

You did this and you did that, and this is who you are. You are not a victim in this case. You are not a witness.

[Producer Jake]

It is heavy. It's really heavy.

[Anna Sinfield]

Yeah. It's that use of the word choice. Like, you chose to do this, you chose to do that.

[Producer Jake]

There's no nuance in it for the judge. It feels like the judge is almost like a representation of the brick wall that somebody in Kelly's position hits over and over again as they try to just get understanding.

[Anna Sinfield]

Yeah. And it makes sense that after that experience, she's become so passionate about trying to get people to really see who she is, you know, like to understand that there's the, like, domestic violence aspect, as she said to me.

[Producer Jake]

Yeah.

[Anna Sinfield]

On March 25, 2015, Kelly Harnett is sentenced to a minimum of 17 years in prison for the murder of Reuben Angel Vargas and one year for the criminal possession of a weapon. A shoelace. In the eyes of the law, Kelly is a murderer, a villain, not a victim, as she claims. And now she's finally going where she belongs. Bedford Hills Correctional Facility, the only maximum security women's prison in the state of New. When Kelly gets to Bedford, she's immediately dropped into a new world. She's out in the sticks of upstate New York, over 40 miles away from her family back in Queens and away from her Rikers island shorties. After arriving, Kelly's brought to an area known as the Jungle. Why was it called the Jungle?

[Kelly Harnett]

Cause they're crazy. They set their cells on fire on a regular basis. One time, there was the fire, but I hadn't been able to use the phone for a week. So since everyone ran, I ran into the phone room so I could finally make a phone call. And I was like, well, when the fire gets really bad, I'll run like, this is how crazy it is in there.

[Anna Sinfield]

But underneath all the chaos, many of Kelly's fellow inmates are lifeless.

[Kelly Harnett]

Bedford. Everybody's dead. Everybody's dead inside. They're walking around, but there's nothing in there.

[Anna Sinfield]

Locked up, away from her family, away from the world, surrounded by women so broken they're almost more zombie than human. It would be understandable for anyone to throw in the towel and join the walking dead. But this is Kelly Harnett. She hasn't given up so far, and she sure is shit not going to give up now. Every morning in her green prison uniform, Kelly sits in her cell in front of her mirror and brings herself to life.

[Kelly Harnett]

I made sure that under my state greens that I always had a T shirt on that was a different color than green and that had to match my eyeshadow as well as my lipstick every day and usually my earrings. And I always wore a headband that matched that because that's a sense of individuality. I'm Kelly, cloaked in a guilty person's uniform. But I wanted the individuality to shine through because I'm not guilty. I realized that when you're just a.

[Anna Sinfield]

Detainee, meaning still awaiting your trial, you.

[Kelly Harnett]

Have life and hope and whatnot. Now these people are walking around with these 25 to life sentences, and they're hopeless. I know so much about the law, so my first thing was, Jesus Christ, I have to help these people out.

[Anna Sinfield]

Kelly spends the first couple of weeks keeping her head down, getting to know the lay of the land. But she can't stay away from the law library for too long. And it's in there that Kelly starts to find people who can relate to all the frankly, fucking crazy experiences she's had while locked up.

[Kelly Harnett]

One day I started talking to them about how Rikers. I wanted to cut my leg off one time, and they had the wrong person. They literally wanted to amputate my leg. Then they told me I had a tumor, and I busted out laughing. I said, bring me back to the unit. Me and my tumor would like to leave now. I didn't have a tumor.

[Anna Sinfield]

So he was overhearing. Kelly holding court is one of the prison officers. I'm just gonna refer to him as the officer from here on out.

[Kelly Harnett]

He actually started laughing. He said, jesus, I thought it was bed here. And then he started speaking to me, and clearly I wanted a job there. So I inquired, and immediately he asked me, like, do you have any experience? And I said, A little bit.

[Anna Sinfield]

Kelly is intrigued by the officer. There's something different about him. He doesn't treat her like an inmate, like a number. He's attentive. By August 2015, Kelly becomes a qualified law clerk here in Bedford, making about 24 cents an hour. Kelly's back where she loves to be, neck deep in a bunch of legal papers with a list of grateful clients as long as her arm.

[Kelly Harnett]

I don't know how many motions I wrote. I was doing so much work.

[Anna Sinfield]

And rather than embarrass myself by trying to explain the complicated legal tactics being offered to the women of Bedford Hills.

[Kelly Harnett]

Now it gets a little complex. Because for justification, I'll leave it to Kelly Harnett, esquire. I wrote her brief and it was due to a justification defense. Cpl. 330 30. Yet like I said, motion set aside to verdict must subsection 1 of 33030 which states that it must be county law. 722 states the weight of the evidence corpus. I could always do an Article 78 which would be directing this. The jury was wrong. To date, I could reiterate everything, including all of the cases. I became a person full of hope for so many people at Bedford.

[Anna Sinfield]

But Kelly's not content with just inspiring hope. She wants to do something big, something she says no female jailhouse lawyer in the state of New York has ever done before. With this in mind, one day she asked the officer a question.

[Kelly Harnett]

How many people have gotten other incarcerated individuals out of here? He goes, like, you mean other inmates? Nobody's ever done that. I said, nobody? He said, no. I said, I'm gonna be the first one to do that. He looked at me. He goes, I hope you are. I hope you foreign.

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[Anna Sinfield]

If I asked you to picture Kelly in prison, what's the like moment that you're seeing in your head?

[Trinity]

Her Yelling out of her cell for her door to be open.

[Anna Sinfield]

This is Trinity. She was in prison with Kelly. They lived on the same block, but they first met in the law library.

[Trinity]

She's gonna laugh when she hears this. I'm telling you, she's gonna laugh because she knows what I'm talking about.

[Anna Sinfield]

Every morning at Bedford Hills Correctional Facility, all inmates awoken by the sound of their cell doors opening. They all open at once, all except Kelly's.

[Trinity]

Every single day, she had to yell to get her door open. Open three. Open three. Open like you can. You can, like, wait for it. All the doors would open. Bam. Open three. Every single day. Like, it got. Oh, my God. Like, I literally lost my mind over it.

[Anna Sinfield]

Trinity is 30 years old now, but she went to prison when she was just a teenager.

[Trinity]

Like Kelly, I have a domestic violence case. When I was 17. I was living with my father. My dad has always been, like, an alcoholic and pretty abusive towards us. Growing up, My incident was, it happened in July 2012. The short version is that my father was drunk and tried to kill me, and I ended up killing him, and then I got arrested.

[Anna Sinfield]

Trinity's story is depressingly similar to so many of the women I've spoken to while making this series. Women who've experienced a life full of violence and extreme trauma, setting them on a catastrophic path. Often they had to come to prison to finally be free of their abusers and to find a real family.

[Trinity]

In Bedford. Like, we have nothing to do. So it's like we would just talk or laugh or play games or something, watch a movie or whatever. One time we were playing this board game. I think it was from my birthday party. Something like Scattergories, where it's like you had to roll the die with the letter, and then you had to try to write down all the things that began in that letter. So it was like, different types of cars, and the letter started with an H. I'm thinking, like, a Honda.

[Anna Sinfield]

But Kelly's teammate is doing some more, let's say, lateral thinking.

[Trinity]

Her partner said a hearse. And it was so funny. And Kelly thought it was the funniest thing. I mean, she was laughing for so long. And it made me laugh, too.

[Anna Sinfield]

Yeah. Yeah. Wanting to stop her Bedford family from becoming totally hopeless, like so many of her fellow inmates, Kelly pushes them to relook into their own cases, like she's doing with hers.

[Trinity]

Kelly taught me that you can get out on a technicality, like an infraction, like, something like that. So she encouraged me, you know, like, read Your transcripts go over it. If it wasn't for her, I wouldn't have done that.

[Anna Sinfield]

More than likely working alongside Kelly in the law library, Trinity can see how many inmates are relying on her. Kelly sees the benefits, too.

[Kelly Harnett]

I had the protection from the law library. If somebody tried me, I would tell them, like, listen, this is something you don't want to do because I guarantee you, you will need me at some point in your bid. And then other people would finally say, oh, this one you don't touch like anybody else. I don't care. But it's true, because I was, like, the only lawyer, you know, Jailhouse lawyer, obviously. Yeah.

[Anna Sinfield]

The law library offers physical protection from the other inmates, but it's so much more important to Kelly than that. It's her sacred safe space. But then something happens, something that puts Kelly at risk of losing the law library job she's worked so hard for. Kelly begins to spend more time with the officer. He's been so helpful to her throughout her incarceration so far. And as Kelly sees it, he's one of the few good men she's met in her life. But one day, Kelly says their relationship crosses a line from prison guard and prisoner into something else.

[Kelly Harnett]

Yeah, he definitely. He put the wounds on me. He started touching me and things of that nature. I'm not going to lie. When we kissed for the first time, that felt nice. I wanted to feel love. And when you're taken away from human contact for so long, just this feels good. I always just wanted kiss and like a hug. I felt a lot when I kissed him. And he said that he felt a lot, too. And then I was starting to get excited, like, I have a boyfriend.

[Anna Sinfield]

Deep down, Kelly knows what the officer is doing isn't right.

[Kelly Harnett]

It was weird. It was kind of maybe like they call it grooming. I felt violated.

[Anna Sinfield]

In every prison, not only in New York, but across the whole of the usa, sexual or intimate relationships between prison officers and inmates are forbidden. And it's not just against the rules. It's a crime. Even if both the officer and inmate claim it was consensual, the law wouldn't agree. The power imbalances involved are just too great.

[Kelly Harnett]

I felt that I couldn't tell him no.

[Anna Sinfield]

Kelly's worried. What if this could jeopardize her access to the law library?

[Kelly Harnett]

The law library is my life, and without the law library, I'll probably never get home.

[Anna Sinfield]

Kelly also knows how many of her fellow inmates are depending on her.

[Kelly Harnett]

I'm going to let the whole facility down. If this ever gets out because I'm taking care of everyone's cases, and what would everyone ever do? So I felt that I had to let him do these things to me.

[Anna Sinfield]

Eventually, Kelly says, the officer reveals a different side of himself.

[Kelly Harnett]

He became abusive right along with the rest of them. I would come in one day and he would, like, slam the book down and be, like, demanding, get these cases. I didn't even do anything to him. He had me going so crazy. A rollercoaster of emotions. I was like, what did I do wrong?

[Anna Sinfield]

Kelly says the officer would win her back on side. He would spin her bullshit about how the two of them would be together once she got out of prison.

[Kelly Harnett]

This went on for two and a half years.

[Anna Sinfield]

One day, it all comes to a head.

[Kelly Harnett]

On my birthday, he wrote a note to me that stated something about, I can't wait to give the birthday girl a kiss in Playland.

[Anna Sinfield]

Playland. And honestly, I'm so fucking grossed out that I have to repeat that word. In this context, it's code for the bathroom that the officer would allegedly sneak Kelly into.

[Kelly Harnett]

Somebody found the note, so they know that we're having a relationship.

[Anna Sinfield]

The person who finds the note is Trinity.

[Trinity]

Something told me to keep it. And then I told another one of my friends, not knowing that that other friend also had a relationship with him.

[Anna Sinfield]

Another inmate that the officer is accused of having an inappropriate relationship with.

[Kelly Harnett]

Yeah, this bastard, I guess, was screwing around somehow with both of us at the same time. I came in like a raging bull, and I went ballistic on him, and I called him, like, every name in the book. I said, you little bastard. What, you can't get a girl on the outside, so you come to prison to prey on the weak and vulnerable? You're sick. And I said, I'm telling you right now, I'm going to take this law library and use it to convict you. And then he was like, harnette, stop, please. I said, you're going to jail, and you're going to be somebody's bitch. He started crying, and then he tells me, please don't do this. I'm going to kill myself. I told him that Tommy used to say that to me. And he said to me, you know what you should have said? Do what you got to do. So when he said, I'm going to kill myself, I said, do what you got to do.

[Anna Sinfield]

Kelly tells the prison about what's happened between her and the officer. I've seen the documents to prove this, but she says she doesn't get much of a response.

[Kelly Harnett]

They didn't take it seriously at all. As a matter of fact, I told them that Trinity has the letter. They went out of their way to not call Trinity so that they wouldn't get evidence.

[Anna Sinfield]

There is one person who comes to Kelly's aid, someone unexpected. The man who helped send her to prison in the first place, Assistant District Attorney Sean Clark.

[iHeart Sports Announcer]

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[Anna Sinfield]

Gatorade Zero the number one proven electrolyte blend made with zero sugar, designed to hydrate better than water so you can lose more sweat and push more limits. Gatorade 0 is it in you.

[LifeLock Advertiser]

I bet you've probably been to the doctor's office in the past few months. I bet you had to hand over personal info like your insurance, your id, maybe even your Social Security number. And I bet you weren't thinking about how your doctor is just one of many places that has your personal information. If any one of them isn't careful, it's a good bet they could accidentally expose your details to hackers and identity theft, putting you at risk. Fortunately, Lifelock monitors hundreds of millions of data points a second for threats to your identity. If your identity is stolen, a LifeLock US based restoration specialist will fix it, guaranteed. Or your money back with plans covering up to $3 million for stolen funds and expenses. Don't take chances with your personal info. Help protect it even when it's out of your hands. Save up to 40% your first year with promo code iHEART. Call 1-800-LIFELOCK and use promo code iHEART or go to lifelock.com iheart for 40% off terms apply.

[Anna Sinfield]

Most of the men in Kelly's life have not treated her the way they should have. They've often been controlling, abusive, and at times extremely violent. Seems like the officer was just the latest in that long, unfortunate line. Kelly's brother Ronnie has really been the only exception. Well, apart from one other man. I'm gonna tell you about the curious case of Kelly Harnett and prosecutor Sean Clark. Their unusual relationship first began in the months between Kelly's verdict and her sentencing, when she started calling Sean on the phone.

[Kelly Harnett]

Hi, Shawn, it's Kelly. He was usually like, hi, Kelly, what is it this time?

[Anna Sinfield]

Often, Kelly would be calling to contest some part of her case or laying out what kind of motions she thought should be filed. I can't stress enough how unusual this all is. Defendants in murder trials do not call up their prosecutors for a chit chat about the finer details of their case. But Kelly says she just wanted Shawn to see her as a person, not just some defendant.

[Kelly Harnett]

I'm not a number. I'm not a case. I was trying to show him that the level of humanity that they never see. And I think he was starting to see it.

[Anna Sinfield]

Kelly wasn't just calling him up. She was sending him some special deliveries.

[Kelly Harnett]

I would make comic books of what was going on between me, Sean Clark, and Mr. Murder.

[Anna Sinfield]

When Kelly says Mr. Murder, she means Judge Lasak. As for Sean Clark, do you remember in our last episode where Kelly said he looked kind of like Clark Kent? She was really serious about that.

[Kelly Harnett]

I had people sending me Superman comics All the time. Right. And Supergirl. Supergirl had blonde hair.

[Anna Sinfield]

You can probably guess who Kelly put in the role of the blonde haired Supergirl.

[Kelly Harnett]

I cut out Clark Kent and then Supergirl. I cut her out and she was walking by a door. I wrote on the door, law library. Right. And then Supergirl in the comic. I didn't have to touch it or alter it. It actually said, clark, is that you? I can speak your language now.

[Anna Sinfield]

No way.

[Kelly Harnett]

That's great. That was the first one I sent him. I waited till I knew he got it, then I called him up. I was like, maybe he's going to be really ticked off about this. He was like, hi, Kelly. I could hear him smiling through the phone. You know, when you could just. He was almost giggling and like, you could just hear his voice. Went up a few decibels. Yeah. I never wanted to harass him, per se, but I think you could suck up a few phone calls.

[Anna Sinfield]

Oh, yeah, absolutely. But did you ever worry that you might be jeopardizing your chances more than helping?

[Kelly Harnett]

Not at all.

[Anna Sinfield]

No.

[Kelly Harnett]

No. Because what are they going to do? Put into evidence a piece of a comic book? Like, I. That's why I made sure I left it at, like, these ridiculous things that they would almost feel stupid bringing up. And nobody ever brought it up.

[Anna Sinfield]

Yeah. You're a very unique person, Kelly.

[Kelly Harnett]

Thank you. I take that as a compliment.

[Anna Sinfield]

It's a compliment. It is a compliment for sure. These conversations between Sean and Kelly lasted well beyond her sentencing.

[Kelly Harnett]

I've even recorded Shawn Clark and then called him up afterwards and said, hi, Shawna. I just wanted to let you know that on the last two conversations, I recorded you, and I'm going to get them transcribed and I'm going to submit them in my4:4010. He just stopped. He was like, oh, okay, Kelly, thanks for the heads up. After that, I said, that's gonna be it. He's never gonna take a call again. I waited for like two months. I called him back. He didn't hang up on me. He was just a little bit more cautious after that.

[Anna Sinfield]

It wasn't just Kelly who Shawn was in contact with. Kelly says he also made a lot of time for her family, too. Her brother started calling him. In fact, it seems like during this time, Sean's going out of his way to help Kelly's case. Before her sentencing, he even sends her a transcript of the witness's testimony where he had helpfully marked up and notated certain sections that just happened to include the problematic points in his story. I've literally seen a copy of this letter and I still can't quite believe it's real. A sitting assistant DA sending a cheat sheet to the same woman he's trying to send to prison. I've already struggled with unsuccessfully fitting Kelly into a nice, neat podcast shaped box. And now here's Sean Clark, also not playing the role I expected him to play. It is, from his side, a very odd relationship to be keeping up. I can see why you were doing it.

[Kelly Harnett]

You know why I believe. I mean, I can't speak for him. I don't know if you've ever read the Tell Tale Heart, Edgar Allan Poe. I think a guy killed somebody. If I'm not mistaken, somebody was buried under the floorboards. And you just kept hearing like, beep, beep, beep, louder and louder and louder. And it was the man's conscience the whole time. He did ask me one time, Kelly, can I ask you a question? Why didn't you just take the plea? So I said, because I didn't do it, Sean. I'm 100% innocent. And to tell you the truth, Sean, if I have to stay in prison for the rest of my life and die here, I'd rather that than to lie and say that I did something I didn't do. He gave this heavy sigh and he goes, wow, you did always maintain your innocence.

[Anna Sinfield]

I wrote to Sean Clark asking him to comment on the unusual relationship he had with Kelly, to ask why he kept up those phone calls for so long, to confirm if he spoke to her family and if he really did send those transcripts. And I got a reply, but not from Sean. It was from the Queen's District Attorney spokesman, Brendan A. Brosh. And Brendan didn't really respond to anything I asked, like at all. He just doubled down. Here's producer Jake reading from their response.

[Producer Jake]

On July 7, 2010, Thomas Donovan and Kelly Harnett murdered 32 year old victim Reuben Angel Vargas in Astoria Park. Harnett repeatedly kicked the victim while Donovan manually strangled him. Harnett handed a shoelace to Donovan, who then used the lace as a ligature to further strangle and kill the victim. An eyewitness's account was further corroborated by the medical examiner, who found that strangulation was the cause of Mr. Vargas death. It took a jury of Harnett's peers two hours to unanimously agree on a conviction. Ms. Harnett repeatedly attempted communications with the prosecuting attorney unsolicited and uninvited, despite overwhelming evidence of her guilt. In numerous court filings, the Defendant blamed her attorney, the court, the district attorney's office, the jury, and the eyewitness. She blamed everyone but herself for her guilty conduct.

[Anna Sinfield]

It feels like neither Brendan nor I can really speak to why Sean Clark kept up this strange back and forth with Kelly. It's possible he felt some doubts about Kelly's conviction. Maybe as he got to know her more, he saw her more as a victim and not the villain he claimed she was back in 2013. Maybe he was trying to make up for that. Or maybe he's just a good guy who wants to help where he can, including with Kelly's case against the officer.

[Kelly Harnett]

My brother got in touch with Shawn Clark and told him what was happening. He told Ronnie, I guarantee you we're gonna get rid of him.

[Anna Sinfield]

Kelly says Shawn makes some calls to the department who are handling the investigation.

[Kelly Harnett]

Now they're taking me seriously, they said. Cause we're getting phone calls now. He really did save me. Sean Clark.

[Anna Sinfield]

The officer doesn't face any jail time, despite the fact that Kelly says she and the other inmate the officer was allegedly involved with both gave statements.

[Kelly Harnett]

Westchester County District Attorney's office decided that there was insufficient evidence to go through and prosecute him under Penal Law 130, which is a sex offender.

[Anna Sinfield]

This is why I can't tell you his real name. Because no charges were brought against him, he still legally has the presumption of innocence.

[Kelly Harnett]

It was just such a traumatic situation. It really was. For it to have gone on for two and a half years, too. And then the worst came. They took my job for me.

[Anna Sinfield]

Working as a clerk in the law library, being the jailhouse lawyer, both back in Rikers and here in Bedford, has been Kelly's one continuous source of strength throughout her long incarceration. It gave Kelly's suffering some meaning, kept her fighting all these years, not just for her own case, but for all her fellow inmate clients. Without the law library, Kelly can't see how she can help anyone, let alone prove her own innocence. And worst of all, if she's not the jailhouse lawyer, then she's just another prisoner, another villain with a guilty verdict, joining the ranks of the walking dead.

[Kelly Harnett]

That's the worst thing you could have done to me. And that's when I just freaked out.

[Anna Sinfield]

Next time on the Girlfriend's Jail House Lawyer.

[Kelly Harnett]

I think I'm gonna die here. It was a race against time.

[Anna Sinfield]

Now I'm not thinking of her helping me.

[Kelly Harnett]

I'm thinking of helping her. Listen. This new law just passed, and she took on Kelly's case. I just started screaming. I was like oh my God.

[Anna Sinfield]

The girlfriend's Joe Help 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, Joe 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 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 Alison Cantor. Thanks also to Carrie Lieberman and the whole team at WME.

[iHeart Sports Announcer]

Iheart presents the Big Three playoffs this Sunday. The remaining four teams battle to make the championship in the most physical, fierce and competitive basketball league in the world. The action starts with the big 3 Monster Energy celebrity game, then Dwight Howard and his Ellie Riot take on Montrez Harrell and Dr. J Chicago triplets. The finale will see popular Miami 305 with stars MVP Michael Beasley and Lance Stevenson take on Nancy Lieberman's Dallas Power who will make it to the Big Three championship. The no holds barred action starts Sunday at 3pm Eastern, 12 Pacific only on CBS.

[Anna Sinfield]

Gatorade Zero the number one proven electrolyte blend made with zero sugar, designed to hydrate better than water so you can lose more sweat and push more limits. Gatorade 0 is it in you?

[LifeLock Advertiser]

Chances are you've been to the doctor recently and you probably handed over your insurance, your ID and even your Social Security number. Your doctor is just one of many places that has your personal info and if any of them accidentally expose your details, you could be at risk for identity theft. LifeLock monitors millions of data points a second. If you become a victim, they'll fix it, guaranteed or your money back. Save up to 40% your first year. Call 1-800-LIFELOCK and use promo code IHEARTRA or go to lifelog.com iheart for 40% off terms.

[iHeart Sports Announcer]

Apply the roses were living the dream.

[Anna Sinfield]

To you my darling. No to you.

[iHeart Sports Announcer]

Until it all came crashing down.

[Anna Sinfield]

You got fired.

[Trinity]

Buy it on August 29th.

[LifeLock Advertiser]

Stop and see the roses. Rated R in theaters everywhere. August 29th.

[Kelly Harnett]

This is an iHeart podcast.