Transcript of The Anatomy of a Wrongful Conviction

I'm Ayesha Rosco, and this is a Sunday story from Up First, where we go beyond the news of the day to bring you one big story. As a journalist, sometimes there are stories that just stick with you. I'm certainly not alone in that. Some people, when they're reporting, encounter story that changes their entire life. And that's what happened to Barbara Bradley-Hagardy. For years, Barbara covered the Department of Justice and Religion for NPR. She eventually moved on to become a contributing writer for the Atlantic, still focusing on issues of law and justice. But then in the summer of 2016, she was on the hunt for a news story, and she called a A favorite source of hers, Jim McClosky. Jim was a former seminarian who found his calling, re-investigating the cases of people who he had thought had been wrongly convicted. When Jim picked up Barbara's call, she asked him this one question, What's the case that haunt you? Here's how he answered.

Of all the cases, Ben Spencer's case. Ben Spencer's case haunts me. There's probably not a day that goes by that I don't at least think of Ben.

At the time, Ben Spencer had been in prison for 30 years. Ben is a Black man, and he was convicted in 1987 of killing a White man in Dallas. Jim believed he was innocent. A judge had even declared him innocent 20 years after the original conviction. But the elected judges on the Texas High Court had disagreed, and so it seemed Ben would spend the rest of his life in prison. For the next seven years, Barbara dedicated herself to reporting on Ben Spencer's case. Now she's written a book about it, Bringing Ben Home: A murder, a conviction, and the fight to redeem American justice. She joins us now. Welcome to the podcast.

Thank you, Ayesha. It's good to be here.

I got a million questions. But I guess first, what was your frame of mind when you started your own reporting on this story? Did you believe that Ben was innocent, or did you think that he might be guilty?

Well, I went in with an open mind. I poured through hundreds of pages of documents, and it really became clear that Ben hadn't gotten a fair trial because the case relied entirely on witnesses who wanted who wanted a monetary reward or a jailhouse informant who wanted a lighter sentence. So I have to say, I didn't know for sure that Ben was innocent, but I was pretty convinced that the witnesses were lying, and it seemed really clear to me that the trial had gone off the rails.

Okay, well, before we dive in deeper, can you tell me about Ben Spencer and how did he get charged with this crime?

Right. To do that, let's back to March 22nd, 1987, Dallas, Texas. Now, back then, there were two Dallises. There was West Dallas, which is a poor, largely Black neighborhood. It was suffering through the crack epidemic. And Ben Spencer lived in West Dallas. He was 22 years old. He was Black. He had no violence in his background. He had a job loading and unloading trucks. He was newly married, and he and his wife had a baby on the way in two months. So they were saving money for a new house, and they wanted to move away from the dangerous streets of West Dallas. And then there was the other Dallas, a wealthy, glitzy city fueled by oil money, exemplified by this super popular primetime soap opera called, naturally, Dallas. And this was also the Dallas of H. Ross Perot. You may remember, he's a self-made billionaire and entrepreneur. Good afternoon. Perot would eventually run not once, but twice for President. The volunteers in all 50 states have asked me to run as a candidate for President of the United States.

Okay, so what happened on March 22nd?

Well, the two Dallases collided. March 22nd, 1987, was a Sunday night, and Jeffrey Young was an executive in the clothing import business, and he went to his office in the warehouse district of Dallas. He was 33 years old. He was married to his high school sweetheart. He was a father of three children. We don't know exactly what happened because there were no security cameras around to recording it, but the police were able to put details from the crime scene together. Here's the theory based on the evidence. When Jeffrey Young came out of the office around 9:30 PM, the assailant or assailant pushed him back into the building, ripped off his wedding ring and saco watch, and took the cash out of his wallet. Young was struck on the head with a blunt instrument, which cracked his skull in five places. He was then placed in the trunk of his BMW and taken to West Dallas. Despite the lethal blow to his head, somehow he managed to open the trunk lid and fall out. The assailants panicked. They drove the car into an alleyway, and then they ran away. Jeffrey Young died in the hospital at 3:05 AM.

For the first couple of days, the neighbors said, You know what? We didn't see anything. Nothing. But police were under this enormous pressure to solve the case. I mean, this was a black on white murder. Also, Jeffrey Young had a really powerful connection. His father was one of Ross Perot's as top executives. After Young's death, Ross Perot posts this huge reward, $25,000. That was a lot of money back then in 1987. Right after that, three witnesses come forward.

Well, I mean, $25,000 That's a lot of money even today. And I mean, definitely a lot of money back in 1987. Who were these witnesses, and what did they have to say?

The first one was a 42-year-old woman named Gladys Oliver. Her house looked down on the alley and she said she knew the two men running from the BMW. They were her neighbors. This wasn't a stranger identification. This was a friend or neighbor identification. Ben Spencer, she said, and another man named Robert Mitchell ran away from the car. After she gave her statement to the police, she suggested that they talked to two teenage boys who just might have seen the same thing. The police went to talk to the two teenage boys, and they corroborated her story. So that afternoon, four days after the crime, police went to Ben's house and arrested him. Ayesha, years later, I interviewed Ben in chosen, and he recounted that arrest as vividly as if it had happened just yesterday. He told me that on March 26, that day, he had been suffering from a migraine headache, and he went home to sleep it off. And Guess what he said, and just as a note, it's a little noisy because we were in the visiting room and there were a lot of people there.

So I wake up to somebody beating on the door. I get up. As I'm going to the front door, I can see a bunch of police cars out in front of the house. So I said, I wonder what's going on out here. So I open the door. I see all these cops on the porch. And so this detective, he said, You have any ID? I said, Sure. I put the rest of my back pocket, pulled out I didn't hand it to him. He said, Turn around, put your hands on the wall. You're under arrest. I said, Under arrest for what? He said, You hear about the white guy they found in the street the other day? I said, Yeah, I heard something about it. He said, That's what you're under arrest for, his murder. I said, No. I said, You got the wrong guy. He said, No, we got the right guy.

My goodness. I can't imagine waking up to that and being accused of murder.

I know. It's like a bad dream. But afterwards, after I met Ben, he wrote me a letter to explain what had been going through his mind. And shockingly, he was not panicked. He didn't freak No, this is what he wrote, quote, Well, I wasn't really scared at first. I knew that I hadn't done anything wrong, so I did not feel as though I had anything to worry about. I knew that they had made an awful mistake when they arrested me, and I believed that it was just a matter of time before they figured that out.

Yeah. So he was thinking that, well, if I had nothing to do with this, they would just realize they got the wrong person and things will go back to the way they were, right?

That's right. He thought the justice system would work, but in fact, it didn't. Let me tell you why. There seemed to be, on the surface, at least, a strong circumstantial case against Ben. So first, there were these three eyewitnesses who knew Ben, and they swore that they saw Ben running away from the car. But that wasn't good enough for the police. So police needed someone to connect Ben to the actual assault. And so, fortunately for them, there was a jailhouse informant named Danny Edwards who came forward and he told police that, Hey, Ben described the entire assault to me when he and I shared a jail cell after Ben's arrest.

Well, I mean, all of this evidence, it does sound so incriminating, especially because the people knew him, and they saying they saw him.

That's right. But when you look closer at the evidence, it isn't all that compelling. The three eyewitnesses, they wanted that $25,000 reward money. The jailhouse informant was facing 25 years in prison, and he wanted a lighter sentence in exchange for his testimony. I got to tell you, Asia, this happens all the time. We see it all the time in wrongful convictions. Bad eyewitness testimony is involved in 70% of wrongful convictions, either by mistake or on purpose. The jailhouse informants, those guys have incentive to lie to get a shorter sentence. Police use them all the time to close cases, especially weak cases. Experts tell me that the United States is the only Western country to use people in jail, people who are probably not that trustworthy to close a case. The more serious a crime, the more likely police are to use informants. If you look at innocent people who are sentenced to death and then generated, jailhouse informants put them there 25% of the time.

25%, so a quarter of the time, it's jailhouse informants.

Right, for people on death row.

Who turn out to be innocent.

That's exactly right. But other than the Jail as an informant and the eyewitnesses, there was zero, nothing connecting Ben to the crime. There weren't fingerprints, there wasn't blood. Police never found the victim's stolen property at Ben's house when they searched it. They never even found a murder weapon. And Ben actually had an alibi, a friend who said she was with him when Jeffrey Young was attacked several miles away, but no one believed her. This brings us to the other thing that's really common in wrongful convictions. That's this phenomenon called tunnel vision. Here's how Darryl Parker described it. He's a former cop who became a private investigator.

It's a known phenomenon among investigators and police. It's that investigators and police are so driven to catch the person that just did this heinous crime that they find someone, they focus on them to the exclusion of all others. Then they start making the evidence fit their theory instead of making their theory fit the evidence.

Yeah. I mean, it sounds like human nature, but obviously, that's a lot stacked against Ben. You got the tunnel vision, the jailhouse informants, this reward money. Then we can't ignore the fact that you have power and you have race involved in this as well.

You're absolutely right. On October 31st of 1987, Ben Spencer was convicted of murder.

The worst outcome for Ben. It just seems so wild that based on a few people saying something, you could be convicted of murder.

Yeah, but remember, this is Dallas, 1987. And back then, Black men almost always faced all white juries. The view of the police was often that, Gosh, if this Black suspect didn't commit this particular crime, well, he committed another. So we might as well just put him in prison, get him off the streets. And there was this sense that I heard over and over again that any Black man will do.

I mean, obviously, that's a part of how Ben ended up in Can I ask you, did Ben have a decent lawyer?

Yeah, in fact, he did. He was appointed a lawyer who was actually quite reputable at the time. The problem was the lawyer only presented an alibi defense, and Honestly, alibi defenses never work. They never work. In this case, it did not work.

Then Ben ends up in prison.

Well, actually, not right away.

Oh, okay. You didn't end up in prison right away?

Not right away. The conviction was vacated. The whole thing was thrown out because of something Ben's lawyer discovered while they were waiting for the jury to decide the sentence.

More after the break. Stay with us.

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We're back with the Sunday Story talking to Barbara Bradley-Hagridy about Ben Spencer. Ben's just been convicted of murder, but the judge throws out the case. So Barbara, what happened?

Well, Ayesha, this case is full of twists, okay? While the jury is considering what sentence to hand down, a lawyer on Ben's defense team looks over at the prosecutor's table and notices a document. It's a receipt from Crime Stoppers. If you remember, Crime Stoppers is a community-based organization that allows people to make anonymous tips and pays for them if they pan out. So the document on the prosecutor's desk showed that the star witness against Ben, Gladys Oliver, had received some money in exchange for identifying Ben. Gladys Oliver said she didn't receive any money at all from any source, but she did. She received money from crime stoppers. I should note, spoiler alert here, I should note that decades later, we discovered Gladys also received thousands of dollars from Ross Perot, At that point, we didn't know that. But here's the problem with the crime stopper's reward. If the jury had known that she was receiving any money, Ben's attorneys could have used that information to undercut her credibility.

Basically, the witness lied and the prosecutor knew it because they had the receipt. Does that happen often?

It happens all the time. It even has a name. It's called a braided violation. Studies show that when someone is wrongly convicted and later exonerated, the police and prosecutors were involved in misconduct 60% of the time. More than half the cases, there's prosecutorial or police misconduct. In Ben's the case, the judge looked at the fact that Gladys had lied, and he vacated the conviction. At this point, the state decides, Okay, we're going to just try him again. Before the second trial, a prosecutor offers Ben a deal. He says, Look, if you plea guilty to aggravated robbery, a lesser charge, we will ask for less time, and you'll be out in two or three years. Ben told me later what he thought of that I think it was the Friday before the second trial began.

Frank Jackson, who was my attorney at the time, he comes and talks to me in his holdover, and he was like, The state is offering you a 20-year deal Well, non-aggravated 20 years if you're assigned for it. And I said, Sign for it? For what? I said, I didn't do anything. He was saying, Well, if you take it to trial, they're going to try to give you a life sentence. They're likely to get it. And so I'm like, Well, I don't care what they're likely to get. I said, I'm not going to I'm guilty to something I didn't do.

So he went back on trial again.

Yeah, he went to trial, and this time he got just what his attorney had predicted, a life sentence.

Yeah, that's the thing. I mean, that's why people often take deals, whether they're guilty or not.

It's called the trial penalty. So if you bleed guilty, you get a lesser sentence. If you go to trial and lose, you get a really high sentence. And that's what happened with Ben. So Ben's attorney, Frank Jackson, told me that in a way, he saw the sentence as almost inevitable. It's hard to overcome a dead white guy, a white person who's killed by two black men in a black area of Dallas, where you dump his body out on the street.

It's just hard to overcome that emotional case.

Yeah, no. I can only imagine how that probably affected the jury. But how did Ben take this?

Yeah, I asked him that 30 years later, and here's what he told me.

Well, to be honest, after I was sentenced to life, I could not see that That night, the trial was over late. I was the only one on the floor at the time. I was the only one in the holdover, and it's cold. To be honest, I really wanted to die. I thought about committing suicide while I was in the holdover. I'd start thinking about... I have my faith, I have my belief, and I was I was like, Well, if I die, if I kill myself, I can't go to heaven. That was the only hope I had was I didn't want to go to hell. So I was like, Well, I can't do that. And It was like I began to think about it. I said, Well, I didn't commit this offense. The truth is eventually going to come out.

I mean, even there, he's leaning on his faith. Where was been sent to serve out his sentence?

So he was sent to the largest maximum security prison in Texas. It's called the Cofield Unit. He doesn't really like to talk about this time. But standing back for a second, this was a really interesting time for crime and punishment. Things were changing so quickly. And I'll quote Charles Dickens here. It was basically the best of times and the worst of times.

When you say the best of times and the worst of times, what do you mean?

So soon after Ben was sentenced, the 1980s turned into the 1990s, right? And the 1990s were really a pivotal decade. On the one hand, it's a decade of getting really tough on crime. You'll remember the first three strikes, your outlaw was passed in 1993.

When you commit a third violent crime, you will be put away and put away for good. Three strikes and you are out.

Bill When Clinton pushed through two really tough crime bills in 1994 and 1996. There was the crack epidemic. People like Hillary Clinton talked about super predators, which was this racist notion that gangs of young Black men were roving around the cities, killing without remorse. The kinds of kids that are called super predators. No conscience, no empathy. That theory, by the way, has since been debunked. On top of it all, the Supreme Court started making it really really, really hard to appeal convictions. But on the other hand, it was the best of times, right? There was an incredible technological development that happened. The DNA revolution. Dna started proving beyond a doubt. The people have been more than convicted. This is also the time that there was this new legal organization that was founded. It was called the Innocence Project, right? They used DNA to exonerate person after person after person. The 72-year-old was exonérated by DNA, which made history as the oldest exoneration by DNA in the United States. Ricky Davis, who served more than 13 years behind bars for a crime he did not commit. A man who spent three decades in prison for rape is cleared of the crime.

A man who spent 25 years in prison, tried twice. Dna now setting him free. And suddenly, average Americans started to see how deeply flawed the criminal justice system really was.

So did Ben Spencer's attorneys, did they try to jump on this bandwagon? And was there any DNA that they could use to get him off?

So DNA didn't help him. There was no DNA in his case to test. So Ben did appeal his conviction. But of course, Ayesha, he lost.

Yeah. Well, I mean, I guess that he should have had a chance on appeal.

Yeah, but here's the thing. Without DNA or some other major mind-blowing evidence, appellic courts almost never, never contradict jury verdicts. They always affirm them because they don't want to second-guess a jury They're like, Well, you know what? We weren't there to assess the evidence or the witnesses, so we are just going to affirm this jury verdict. Basically, Ben was stuck.

Did Ben just give up hope at this point?

Amazingly, he did not give up hope. I mean, one thing was he had his faith and a belief that truth would eventually come out. But also another prisoner gave him the name and the address of a group that would re investigate dubious convictions. Now, this was before the Innocence Project. Do you remember we talked about Jim McClusky? He's the former seminarian who dedicated his life to the wrongly convicted. He also got me onto this story. He had started this little nonprofit called Centurion Ministries, and Ben began writing them. But Jim said it was really hard to take his case because Centurion, which was the only game in town, was flooded with hundreds of requests a year. And this is what Jim told me. Ben first wrote us in the late '80s.

We didn't take his case on until 2000.

2000.

That's at least 10, 11, 12 years.

Ben never complained. He kept on patiently and in detail answering our questions. He never said, Woe is me. His focus was to get Centurian countries on this case. Then one day in 2001, Jim McClusky shows up at Cofield Unit. He spent an hour talking to Ben through this plexiglas divide in the visitor's room, which I have seen, too. They spent an hour together, and this is what Jim said. I walked away thinking, We can't leave this man behind. We just can't do it.

He had nothing to do with this crime.

By this point, Ben has been in prison a long time. It's amazing. And just now, he's getting someone to pick up his case.

He was just really happy when he saw Jim McClusky at Cofield It's a little different. And I would imagine things change after this.

Maybe not quickly, but they change.

That's right.

Be sure to listen to the second part of our series about Ben Spencer, in which Barbara Adderley Hagerty describes the uphill battle to prove his innocence, a battle fought by both Ben on the inside as well as a handful of people on the outside. You can listen to that episode now right here in the Up Firsts Innocent, Do you want to hear this podcast without sponsor breaks?

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