#2287 - Josh Dubin & J.D. Tomlinson

The Ohio 4 case demonstrates how four men were wrongfully convicted of murder based on false testimony and ignored exculpatory evidence.

Four Men Wrongfully Convicted Of Murder

Marsha Blakely's Murder: Unreliable Informant Admitted Fabricating Story

In the 1990s, Marsha Blakely was brutally murdered. Following her death, long-time paid informant William Avery Sr. brought forward his son, William Avery Jr., who falsely claimed to have information about Blakely's murder. He pointed the finger at Al Cleveland, John Edwards, Lenworth Edwards, and Benson Davis, suggesting Al Cleveland had confessed to the murder. However, Avery Jr.'s story did not match the physical crime scene evidence. Over time, Avery Jr. admitted he fabricated the entire story for reward money. J.D. Tomlinson remarked on the conviction, which hinged on Avery Jr.'s testimony, referring to him as the "worst witness" he'd ever seen. Federal courts later recognized that the key witness at trial later admitted to making up the story.

Exculpatory Evidence Showing Ohio 4's Innocence Was Ignored

Avery's Testimony Contradicted by Crime Scene Evidence

The case took a turn when it became apparent that Avery Jr. had fabricated his story. He described a violent scene within an apartment where he alleged the victim was beaten, but crime scene evidence indicated the apartment was pristine, contradicting his account. Furthermore, he initially claimed to have witnessed the crime, which was impossible as there was no evidence of the crime in the apartment.

Al Cleveland Was in NYC, ...

J.D. Tomlinson and incoming Prosecutor Tony Sillo have made contrasting choices regarding the exoneration efforts for the individuals known as the Ohio 4, reflecting differing perspectives on the handling of potential wrongful convictions.

J.D. Tomlinson Acknowledged Ohio 4's Innocence and Acted to Amend This

J.D. Tomlinson advocates for prosecutors with experience as defense attorneys, believing it provides insight into how wrongful convictions can occur. He spent significant time reviewing the Ohio 4 case and visiting the alleged crime scene. Despite searching for evidence to confirm guilt, he found it obvious that the Ohio 4 were not guilty. Tomlinson was proud to recount cases like that of Nancy Smith and Joseph Allen as the highlight of his career, where he helped exonerate individuals who had been wrongfully convicted with one serving 15 years and another 25 years.

Tomlinson Found Insufficient Proof of the Men's Guilt

During his review, Tomlinson waited to find evidence of guilt that never came. He was struck by Avery Junior's insufficient testimony and the lack of physical evidence. Tomlinson believed there was not enough proof to sustain the convictions.

Tomlinson Moved to Grant a New Trial and Dismiss Charges for the Ohio 4

Tomlinson showed a sense of urgency in addressing the case, fearing it might not be resolved otherwise. He took the unusual step of filing a joint motion for a new trial for the Ohio 4, acknowledging that the evidence to prove their guilt was insufficient. He also apologized to the exonerated individuals in a court hearing, an act rarely seen from a prosecutor.

Prosecutor Sillo Undermines Tomlinson's Efforts to Exonerate Ohio 4

Despite J.D. Tomlinson's efforts to address wrongful convictions, incoming Prosecutor Tony Sillo's actions have appeared contrary ...

The legal hurdles and questions about judicial bias become obstacles in the battle to overturn wrongful convictions, as discussed by Josh Dubin and J.D. Tomlinson in the case of the Ohio 4.

Judges Showed Bias and Questionable Rulings

Judge First Backed Tomlinson, Later Denied Retrial

Dubin mentions that one judge who denied relief in the Ohio 4 case previously worked in the prosecutor's office, indicating potential bias. This same judge, despite the federal government suggesting that Al Cleveland, one of the Ohio 4, is likely innocent, denied Cleveland post-conviction relief without calling for a hearing. Additionally, the judge who initially supported Tomlinson’s efforts for a new trial, issued a starkly different order later on, questioning the emergency of a hearing and the successor prosecutor’s ability to fairly evaluate the defendants’ claims.

Judge Warns Witness of Perjury For Claiming Men's Innocence

William Avery Jr., who in 2004 admitted to the FBI that he lied about the murder and falsely implicated the men, was told by Judge Rothgery that he could face perjury charges should he testify that the men didn't commit the crime. Avery Jr. did not testify at the post-conviction hearing and later expressed to reporters that he fabricated the story but was not willing to go to jail for perjury.

Justice System Resists Overturning Convictions Despite New Evidence

Prosecutors Wield Power, Discretion, and Resist Admitting Mistakes

Dubin raises concerns about the resistance within the justice system to overturn convictions despite new evidence, such as a lack of consequences for prosecutors who fail to turn over exculpatory evidence. Tomlinson speaks to the state’s protective stance and its unwillingness to admit internal mistakes. A federal court ordered a lower court to give Cleveland a hearing based on his credible claim of innocence, yet the system shows signs of resistance, as evidenced by a federal court having to ...

Wrongful Convictions Disproportionately Impact Marginalized and Disadvantaged Communities

Wrongful convictions have significant and long-lasting effects on individuals and communities, particularly those that are marginalized.

The Ohio 4: Black Men and Racial Bias

In one instance, Al Cleveland, along with other black men referred to as the Ohio 4, were wrongfully convicted and spent close to 30 years in prison, suggesting racial bias. Josh Dubin points out the different experiences of black Americans compared to white Americans within the justice system. He discusses how systemic issues and the residual effects of Jim Crow laws contribute to the racial bias in cases like that of the Ohio 4.

Criminal Justice System Needs Accountability and Reform

The criminal justice system's competitiveness and lack of accountability in prosecutions have been highlighted as significant issues needing reform.

Prioritize Justice Over Winning: Acknowledge Mistakes

Joe Rogan raises the issue of prosecution teams prioritizing winning over justice, leading to wrongful prosecutions. Dubin mentions the psychological difficulty prosecutors face in admitting they've made mistakes. This insistence on winning at all costs needs reform to ensure justice is prioritized. J.D. Tomlinson also points out the necessity for accountability and the importance of admitting wrongdoings by prosecutors to maintain the system's integrity.

Enhancing Justice Independence and Oversight ...