Wrongful Conviction

In the early morning hours of July 14, 2004, 19 year-old Adrian Payan and 18 year-old Emerson Bojorquez were ambushed at a nightclub in Houston, TX. A man named Jason Wooley fired the first shot of the shootout, and a man waited outside in a Cadillac, wearing a blue shirt and firing shots from an assault rifle. Bojorquez was killed, but Payan survived. Witnesses noted the Cadillac’s license plate number and police traced it to Pablo Velez, Jr. Velez had a solid alibi, but an eyewitness apparently identified him in a photo lineup. As a result, Velez was convicted of murder and sentenced to 30 years in prison.

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On July 9, 2006, at Club Crystal in Waterloo, IA, an individual later identified as Tonye Jackson was shot multiple times and killed on the property. The shooting occurred during active nightclub hours, with multiple patrons present at the scene. Three gunshots along with Jeff Smith’s nickname were audible on a recorded Black Hawk County Jail phone call contemporaneous with the incident. After a trial lacking physical evidence tying Jeff to the crime and marked by timeline manipulation, unreliable witness statements, and significant nondisclosure of exculpatory evidence, a Black Hawk County jury found Jeff Smith guilty of First-Degree Murder and sentenced him to life in prison without parole.

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On April Fools Day 1999, 26-year-old Yvonne Layne was found murdered in her Alliance, Ohio home. David Thorne, her ex-boyfriend and father of one of her children, was instantly a suspect. Another young man admitted to the murder,  and David breathed a sigh of relief, until the confessed murderer fingered David; “He paid me to do it.”  David was sentenced to life without parole. Two decades later, Pulitzer winner and podcast host, Maggie Freleng (Bone Valley Season 3: Graves County, Wrongful Conviction, Suave) launched a “live” investigation into David's conviction alongside Jason Baldwin (himself wrongfully convicted as a member of the West Memphis Three). Maggie had come to believe that the entire investigation of David was botched by the tiny local police department, or worse, covered up the real killer. Was Maggie correct? Was David’s claim of innocence credible? In Death & Deceit in Alliance, Maggie recounts the case that launched her career, and ultimately, “broke” her.” The results will shock the listener and reduce Maggie to tears and self-doubt. This is not your typical wrongful conviction story. In fact, it turns the genre on its head. It asks the question: What if our champions are foolish? 

New episodes of The Burden: Death & Deceit in Alliance are every Tuesday and Friday wherever you get your podcasts. To binge the entire season, ad-free, subscribe to True Crime Clubhouse on Apple podcasts.

In August 1987, the body of 44-year-old single mother of two, Sandra Lison, was found in the Machickanee Forest in Green Bay, WI. She went missing from her bar the night prior. An autopsy showed that she was strangled and evidence suggested she was raped. Investigators interviewed the bar’s patrons, including brothers, 32-year-old David Bintz and 31-year-old Robert Bintz. No evidence suggested their, or anyone else’s involvement, and the case went cold for four years. In 1991, Lison’s purse was found 40 miles south of where her body was found. Yet, the case went cold again for the next seven years. Meanwhile, David was incarcerated for an unrelated crime, and a fellow inmate reported hearing David, who is intellectually disabled, sleep-talking about Lison’s death, apparently talking about killing her with his brother. This so-called confession gave investigators the lead they needed to arrest David and Robert. Once in custody, David confessed to the crime while simultaneously stating that he was at home at the time and not involved. What’s more – DNA evidence exonerated David and Robert from the rape before trial. The prosecution just changed their theory though, and David and Robert were convicted of first-degree murder and sentenced to life in prison without parole.

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On November 22, 1975, a mother reported her three-year-old son missing after seeing him roaming in the vicinity of a wooded area behind their apartment complex in Richmond, VA. His body was found in the river nine miles from his home four days later. The murder garnered tremendous media attention and public outrage, yet the police failed to find a lead or suspect. 20-year-old Marvin Grimm Jr. lived across the hall from the family and, based on two arguments Grimm had with the boy’s father almost a month after the murder, police set their sights on him. After a nine-hour work day, police picked up Grimm and subjected him to another nine-plus hours of interrogation, causing Grimm to break down and confess to killing the boy. Grimm pleaded guilty, and the court sentenced him to life in prison. 

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