Open Mike Podcast

Crime affects all of our lives—anyone can be accused, know someone accused, or serve on a jury. Mitigation expert and author Victoria Rusk gets to the “whys” behind a crime, helping jurors, DAs, and attorneys to work for fair and appropriate punishments, in hopes of reducing the American mass incarceration crisis. Her recent book The Handbook of Mitigation has quickly become canon within the legal mitigation sphere for anyone interested in sentencing justice. How did a former broadcast journalist from Lubbock, Texas, become a leading professional advocate for fair sentencing? Find out for yourself on Episode 79 of Open Mike.

Show Notes

[00:27] Victoria’s background and bio.

[01:31] Welcome to Victoria Rusk!

[01:49] You’re a mitigation specialist — can you tell us what a mitigation specialist is?

[03:06] That’s fascinating! You’re usually brought in after the conviction?

[03:32] So, it’s not just death row, it’s anyone facing a serious criminal trial, and you are brought in to humanize the defendant so lawyers can argue the best they can for them?

[04:55] As I mentioned in my intro, and I don’t think many people know this, Michigan has a man named Marvin Gabrion on death row. What do you do for someone like Mr. Gabrion before trial? How do you help someone facing such serious consequences?

[07:27] The key in humanizing someone is to figure out how they love, and how they express and show love.

[07:57] You’re dealing with some people who are hurting and killing families… how do you show their capability of love to a judge or jury? What are some examples?

[09:53] Creating an atmosphere of trust and compassion with a client’s family or other loved ones will make them more inclined to freely offer up humanizing information to a jury.

[12:12] We’ve talked a lot about how little resources there are for indigent defendants and you’re spending hundreds, if not thousands, of hours on an individual case. Who’s paying your bills?

[13:48] The criminal justice system is broken —attorneys have hundreds and hundreds of cases… the COVID-19 pandemic has the ability to turn the criminal justice system inside out in terms of both humanizing those working within the system and those accused of a crime.

[14:08] I didn’t know that anyone with a capital case was entitled to services like yours. What about in a state like Michigan that doesn’t have the death penalty unless you’re on federal land? Is there such a thing as a mitigation specialist if someone is facing life in prison without parole?

[16:09] Post-conviction in mitigation is very different because there are additional politics in the process to consider and you have to really evaluate what’s going to be convincing or moving.

[17:02] If you’re arguing that someone is not guilty, you may not want to be arguing mitigation… are you usually arguing mitigation when someone is likely guilty or definitely guilty?

[19:41] So, it’s almost like any case… drunk driving, robbery… you can help humanize the dependent and look at the bigger picture to understand why they’re in the situation they are. You’re kind of like a social worker.

[21:00] We’re talked about issues with mass incarceration and prison overcrowding in this country… how can mitigation specialization help that?

[22:41] In general, besides buying your book, The Handbook for Mitigation, which every attorney in the country should get… what are your recommendations for someone who can’t afford to hire you?

[23:40] There two are trainings Victoria recommends: Dr. Donna Beegle’s poverty-informed training, and Undoing Racism: The People’s Institute for Survival and Beyond.

[26:06] Thank you to Victoria Rusk for being on the show and thanks for watching Open Mike Podcast!

Sean Dustin has led a tumultuous life. After a troubled childhood, he found himself in and out of state and federal prisons as an adult, serving time for drug trafficking, and fraud. After his 2006 release, he suffered with a meth amphetamine addiction before finally kicking the habit and committing himself to a life on the straight and narrow.

These days he is the creator of the successful podcast, Nowhere To Go But Up, in which he chronicles the journeys of others who also come from difficult backgrounds. Hoping to help others who may be going down similar, dark paths. He is also starting a non-profit that emphasizes a holistic approach to re-entry for men going through the criminal process, from pre-trial, to halfway houses. How was he able to defeat the odds and turn his life around? Tune in to episode 78 of Open Mike Podcast to find out.

Show Notes

[00:10] Sean’s background and bio

[­01:26] Welcome to Sean Dustin!

[01:55] You implied that you hit rock bottom at one point — can you tell us about that?

[03:50] This all led to a prison sentence. How many years did you spend inside?

[06:55] How does a decent human being such as yourself decide that committing crime is a better way to go than getting a real job?

[07:30] Sean explains how his periods of good behavior would culminate in self-indulgence, which would further escalate into selling drugs to afford to live.

[08:42] Besides drug dealing, one of your preferred crimes was identity theft, is that correct?

[10:33] How do people protect themselves from identity theft?

[12:00] Tell us about your podcast, Nowhere To Go But Up Now. You have a lot of great reviews, what is it about?

[13:45] Topics on the podcast range from personal accounts of people’s rock bottom moments, interview with politicians, Sean’s personal interests, etc.

[13:51] What do you do when you’re not podcasting?

[14:33] Sean is starting a non-profit that emphasizes a holistic approach to re-entry for men going through the criminal process, from pre-trial, to halfway houses.

[15:38] How long have you been sober and on the straight and narrow?

[17:14] What happened in December 10 that caused you to change your ways?

[18:49] There are “politics” in federal prisons, whereas in county and city jails, there’s not as much of an established hierarchy

[19:28] Adult slow-pitch softball helped Sean get on the straight and narrow because it gave him something to focus on as well as a different group of people to be surrounded by

[21:00] You can find everything on Sean and Nowhere To Go But Up Now, here!

[21:23] Sean is one of the founders of Indie Pods United, a live, virtual podcast summit. There will be over 100 different events throughout the summit which runs for twelve hours each day between November 29th and December 3rd. There will be game shows, comedians, breakout sessions, keynote speakers — if you’re a podcaster, check it out!

[22:40] You find Sean on Instagram, LinkedIn, Facebook, Twitter

[23:41] Thank you for supporting Open Mike Podcast!

In 2003, Julie Baumer took her six-week-old nephew to the hospital after noticing he was fussy, lethargic, and refusing food. It kicked off a chain reaction that ended in Julie wrongfully serving four years behind bars after prosecutors erroneously claimed she violently shook her nephew, causing permanent brain damage.

A 2010 retrial confirmed the true source of her nephew’s injuries and led to her release, forcing her to pick up the pieces of a life shattered through no fault of her own. How did such an egregious breakdown in judicial process occur, yet again? Wrongful incarceration is a national crisis — what can we do to protect ourselves from similar mistreatment at the hands of a dysfunctional court system?

Show Notes

[00:17] Julie’s background and bio. Since her wrongful incarceration, Julie has since launched a career in real estate.

[00:39] Welcome Julie Baumer and Sarah Miller to the show!

[01:36] Julie, your story is heart breaking… for those who have not heard your story, we have to go back to the beginning. In 2003, your sister Victoria had a baby boy she could not take care of, correct?

[02:15] You decided to adopt this baby and raise it as your own… can you take us back seventeen years and tell us what was going on?

[02:46] What was going on in your life that you were able to take him? You were in your twenties, what were you doing for work?

[03:50] Victoria agreed to this adoption?

[04:04] The boy’s name was Phillip when he was born... and he wasn’t healthy at the beginning, was he?

[05:04] You took the baby home after one week… was your sister involved at all at this point?

[05:25] What happened in the four weeks between bringing Phillip home and taking him back to the hospital?

[05:58] How did you find motherhood for those first weeks?

[07:05] Around week five, what happened?

[08:50] Who named the baby — was it you or your sister?

[9:14] What happened in the ER at Mt. Clemens General?

[11:50] Over the course of the weekend at the ER, a nurse noticed the circumference of Phillip’s head had grown at an alarming rate. They did an MRI and discovered brain bleeding and conducted surgery.

[12:32] All weekend, how are you feeling with your newborn, soon-to-be-adopted son going through brain surgery?

[13:20] Monday morning, the Macomb County Sheriff’s Office calls you?

[13:55] Did they read you your Miranda Rights?

[14:32] Did Phillip have any injuries in the four weeks you had him?

[15:16] How many hours were you at the Sherriff’s Office?

[16:18] You go to see your son at the hospital and aren’t let in by a security guard who tells you you’re a suspect. What’s going through your mind?

[17:20] At any point throughout these months, did you talk to a lawyer?

[18:17] Phillip was born in August… you got the call saying you were charged with first-degree child abuse in February… that’s seven months later.

[18:46] The reason I’m asking a lot of this questions is I’m hoping people listening are learning. Anyone can be a potential juror or victim.

[19:18] Nobody should talk to the police without a lawyer.

[19:35] How did you find your criminal lawyer?

[20:55] You were arraigned for first degree child abuse and pled not guilty… what happened next, how many months passed until your trial?

[21:22] You were not sitting in jail that whole time, were you?

[21:46] Who was your judge in Macomb County?

[22:10] During these eighteen months, your lawyer is preparing a defense, allegedly?

[23:50] Your attorney suggested you should hire experts which you couldn’t afford. So, he proceeded without them anyway, not knowing he could petition the judge…

[24:16] If you can’t afford an expert when going against the state, the state will pay for an expert like they will pay for a court-appointed attorney.  

[25:20] You weren’t allowed character witnesses?

[26:49] How many days was your trial?

[26:59] You called one witness on your behalf — what was her role in all this?

[27:23] The trial lasted four weeks, and there were only two witnesses… what took so long?

[28:05] By the time you got to trial, which is almost two years at this point, how was Phillip doing?

[28:59] After this four-week trial, you’re not in custody, your family supports you… is Victoria around for any of this?

[29:22] At any point, did the jury offer you a plea deal?

[30:53] Playing Monday morning quarterback fifteen years later… the attorney didn’t present a defense on your behalf.

[31:33] Your turned down the plea deal because you weren’t guilty, and the jury comes back guilty on one count. What goes through your head when you hear this?

[33:13] You were co-raising your sister Victoria’s other son, Brandon, at this time. Was he living with you during this?

[33:44] You thought that there was absolutely no way a jury would convict you… yet you sat through this four-week trial. You had to have known this wasn’t going well?

[34:47] Phillip was diagnosed with cerebral palsy. The family believes Victoria was administered Pitocin during labor which caused his cerebral palsy. 

[35:42] Did the attorney tell your story? That you took in your sister’s child because she couldn’t take care of him?

[36:09] Sarah Miller was the jury foreman on Julie’s second trial. After it was over, they discovered that if they had any knowledge of Julie’s first trial, they weren’t allowed to participate in her second trial as to be unbiased. Julie’s second trial was a stark contrast to her first debacle of a trial.

[37:30] When you were convicted, what was your sentence?

[37:38] And the judge could have sentence you to a lot less.

[38:31] Going to prison as an innocent woman, convicted of hurting a baby. Can you describe that?

[40:33] What did you do to keep yourself busy?

[41:12] Did you make any friends?

[42:09] Did you feel threatened at any point?

[42:41] While you were there, were you at the prison library, reading up on case law?

[42:50] Who appealed your case the first time?

[43:57] Eventually, the University of Michigan Innocence Clinic which opened in 2008 decided to take on Julie’s case. Based on new evidence, they requested a new trial which was accepted in 2009.

[45:16] Were you in court when the judge made the decision for a new trial? Or were you in prison?

[45:37] What’s going through your mind when you found out?

[46:00] At this point, the Macomb County Prosecutor’s Office had the option of releasing you for time served or re-trying you. They chose the latter. Was that shocking to you?

[47:31] The please they initially offered was for 1-2 years. You had already served for 4 years. That doesn’t make sense! They should have walked away!

[48:09] Was Carl Marlinga the prosecutor when you were convicted the first time? Who was the prosecutor on the second trial?

[49:13] Dave Moran, who runs the Innocence Clinic, hooked up with Carl Marlinga to represent you as one of your lawyers in the second trial…in the same courthouse where he used to be the prosecutor on your first case. That’s mind-blowing, how did that happen?

[53:49] Second Trial was in 2010 and you so happened to have a fabulous jury foreman who happens to be sitting right here — Sarah Miller!

[54:17] Had you ever sat on a jury before?

[54:51] The first and second trials couldn’t have been more different. What was your impression of the trial?

[56:08] As you’re listening to the prosecution witnesses, how convinced were you that Julie had hurt this baby?

[56:42] Why, in your mind, did the prosecution witnesses hold more weight than the defense?

[58:02] Julie, you had believed Phillip suffered cerebral palsy and brain bleeding from administration of Pitocin during labor… it turns out he had suffered a stroke, called a venous sinus thrombosis, correct?

[59:10] Sarah, did you think that the stroke was a made-up defense?

[1:00:25] How many days did the jury deliberate?

[1:00:32] During the first go-around, how many guilty votes were there?

[1:01:58] Sarah, we know your ultimate verdict was not guilty… take us through the two days of how the jury reached that decision.

[1:04:15] A nurse on the jury asserted, from a medical perspective, that Phillip was not abused, which facilitated conversation amongst the jury.

[1:05:38] Were you all confident when you came to the verdict?

[1:06:45] “Reasonable doubt” exists to protect people from situations just like this.

[1:08:11] Sarah, if someone listening is about to sit on a jury, what’s your message for them?

[1:09:19] Julie, I can only imagine how it must have felt to hear “not guilty” the second time around. How did it feel?

[1:11:03] Did you ever get an apology from Eric Smith?

[1:11:54] Sarah, after all that, you must have been proud of yourself!

[1:12:48] How did the two of you hook up after the trial?

[1:14:50] You’ve been free for ten years… have you had any updates on Phillip?

[1:18:48] There have been no run-ins or interactions with him and his adoptive parents since the trial?

[1:19:23] Are you holding out hope that after he turns eighteen he might look you up?

[1:19:37] How is your sister doing?

[1:20:32] One of the craziest things in our legal system is that if you are imprisoned and released, you are a parolee — you have medical benefits, housing benefits, employment assistance, etc. If you go to prison and you’re wrongfully incarcerated, you’re a free person, but you get no benefits. Nothing.

[1:22:03] Thank you both for being here, and I’m so sorry you had to go through this. Wishing you the best of luck.

[1:22:46] Thank you for listening to Open Mike this week, with Julie Baumer and Sarah Miller.

Everyone inevitably approaches mortality — why do some people seem to linger on in this world as spirits, while most don’t? We all know the well-established Hollywood trope of “unfinished business,” but paranormal investigator Kris Sumner thinks the answer is more complicated than that. Since the 2014 launch of Soul Sisters Paranormal, her all-female paranormal investigation group, Kris has investigated dozens of famous hotspots for supernatural activity, including the Lizzie Borden House, St. Augustine Lighthouse, and West Virginia Penitentiary. Just in time for Halloween, this spooky installment of Open Mike Podcast covers a variety of phantasmagoric topics, including: how to proceed if you think your house is haunted, ghostly methods to communicate with the other realm, and strategies to determine whether your “haunting” is environmental vs. uncanny.

Show Notes

[00:18] Kris’s background

[00:57] Welcome to our guest, Kris Sumner!

[01:01] How the heck did you get involved in ghost hunting?

[02:23] Is Soul Sisters Paranormal a business or a hobby?

[03:25] How many investigations have you done to date?

[04:10] What is your day job?

[05:17] This could be an obvious question…but you do believe in ghosts?

[05:57] How do you decide what locations to go to? Are people calling you, believing their locations or businesses are haunted or do you go off your own research?

[07:19] In the Harry Potter books, Sirius Black dies, and Harry tries to figure out if he’ll come back as a ghost… he’s told, “not all spirits and ghosts come back.” Do you have a theory as to who stays back and who disappears and why?

[11:24] That third choice, you’re suggesting people have a choice over whether or not they go to tell?

[12:06] What does EVP stand for?

[12:35] For your Lizzie Borden investigation, there was no visual documentation, it was all audio?

[14:38] All videos of Soul Sisters Paranormal investigations can be found on their website and YouTube Channel!

[14:58] I was told there were some places in Michigan that you want to investigate! Tell us about those.

[16:07] Is there a club or organization for paranormal investigators like yourself?

[17:47] The equipment I saw you use in your investigation… who created these and how did they come about?

[21:04] The voices that were recorded in the Lizzie Borden episode were faint, but it was compelling and pretty eerie to hear a voice just pop out! It definitely sounds like a human voice.

[23:21] If someone is watching or listening to this podcast and they think their house may be haunted… what is the best way for them to draw out the spirits and communicate with them?

[26:52] Let me guess… your favorite holiday is Halloween?

[27:43] Everyone check out the Soul Sisters Paranormal website and YouTube Channel!

[27:52] Thank you for coming on, Kris! Let us know next time you’re in Michigan and maybe we’ll tag along on your investigation.

[28:36] Thank you for tuning in to Open Mike Podcast!

Coming out as a member of the LGBTQ+ community can be a sensitive, complex process for someone to navigate. Enter Annie Henderson, Life coach, educator, consultant, and coming-out coach. After getting married at age nineteen, Annie embarked on her own journey of rejecting her people-pleasing ways and embracing her authentic, full self. These days she helps people who are struggling through a uniquely curated combination of counseling, compassion, and alternative therapies. Take a listen to Episode 75 of Open Mike Podcast for more information about her vocation as a coming-out coach, as well as her thoughts on the current progress of LGBTQ+ rights in a deeply divided nation.

Show Notes

[00:23] Annie’s background and bio.

[01:40] Introducing our guest, Annie Henderson!

[02:55] You help kids and family as a life coach —how did you get into that particular business, and what makes a good life coach?

[05:15] You say you’re an EFT… what does that mean?

[06:35]Emotional Freedom Techniques (EFT) are actually physical treatments, they’re not energy-based, and they start conversations?

[08:06] This is not just for emotional issues, this is also treats physical pain?

[08:45] You also specialize as a coming-out coach for the LGBTQ community. I’ve never heard that term before. Can you take us through that process?

[10:36] You were married, had a daughter…how old is your daughter?

[10:47] Does she know your whole history now?

[11:32] Were there many gay people in your high school?

[12:05] In high school, did you have an inkling?

[13:16] Does conversion therapy still exist these days?

[14:25] You do hear stories these days of kids coming out earlier and earlier. Does it feel like it’s easier and a more accepting process today?

[15:00] Coming out to your friends and family while you had a husband and child must have been very difficult. What was that process like?

[18:11] Did you lose any friends during your coming-out process?

[18:48] If someone is showing up in your social media feed and they’re draining you, you should not feel guilty about hiding or snoozing them in the name of self-preservation.

[19:27] What would you say to someone listening who’s afraid to come out, what are some things you’d tell them to make the transition easier?

[21:49] “Worry is a misuse of the imagination” —Dan Zadra

[22:13] Suicide rates are really high in the LGBTQ+ community. Does this come up in your coaching or have you had any experience with this?

[24:34] Annie and members of her church have started a community of support for LGBTQ+ people and allies that can be found on Facebook

[24:50] October is LGBTQ+ History Month. How far do you think we’ve come as a society, and where do you think we’re going in this movement?

[25:38] There have been great strides that have been made… however, there’s current discussion of removal of Marriage Equality and further protection needed, so there is still a long way to go.

[26:49] Is private coaching your main focus right now?

[28:06] It’s important to not allow certain areas of our life to become depleted while working on other areas.

[28:31] You mention how people-pleasing is such an issue in current society… what are your top five tips for people-pleasers?

[31:05] Oftentimes we apologize for things we don’t need to be sorry for when we can easily modify our language to not consistently reinforce guilt.

[33:20] Thank you to Annie Henderson for being on the show! You can find out more about Annie on her social, website, blog, or through her latest book, She Did It: 20 Inspiring Stories from Female Entrepreneurs Who Said Yes to Success

[33:53] Thanks for tuning in to Open Mike!

For the last eleven years, Nick Hathaway has been a Referee in Wayne County Circuit Court’s Family Division, dealing with cases of serious child abuse and neglect, as well as juvenile criminal matters. Currently, he’s running as a judicial candidate for the Wayne County Third Circuit Court, targeting one of two vacant seats. In this episode of Open Mike, Nick recounts his career history, describes the type of judge he aims to be, and details his vision to positively impact the community.

Show Notes

[00:35] Introducing Nick Hathaway!

[01:03] Nick, you’re running for Third Circuit Judge — why do you want to be judge?

[01:10] Nick’s background

[01:55] For our listeners and viewers who don’t know what a referee is vs. a judge, could you please explain?

[02:40] Your wife Dana is a sitting Wayne County Circuit Court Judge…you have many other family members who are sitting judges, the Hathaway name is well-known here in Michigan. Is that another reason you want to do this, to be part of the family?

[04:08] How many seats are open in Wayne County right now?

[05:08] Where did you go to law school?

[05:18] Was becoming a judge always a dream of yours?

[06:36] What are some of the biggest problems you’re experiencing now, dealing with the family division and child protective matters in Wayne County?

[07:12] Nick discusses the last ten years of juvenile delinquency, criminalization of juvenile issues that would formerly be handled within the community and the cycle of poverty and substance abuse.

[08:32] We incarcerate too many people in this country… over the last thirty years, crime rates have been steadily declining, yet our rates of incarceration have increased.

[09:56] There are four people running for two seats in Wayne County… why do you think should the voters pick you?

[11:40] Nick is committed to service, wants to do the job correctly, has been making judicial decisions in Michigan’s busiest court for the last eleven years, and has a wealth of support to draw upon.

[12:04] If you’re listening to this, make sure to vote on November 3rd!

[12:16] Thanks to our guest, Nick Hathaway!

[13:01] Thank you for watching and listening to Open Mike!

Everyone remembers where they were on of September 11, 2001, a day that forever changed the fabric of our country. On that fateful morning, Virginia Buckingham was working as the head of Boston Logan International Airport — the departure site for the airliners that slammed into the Twin Towers. In this powerful installment of Open Mike Podcast, Virginia recalls managing the surreal events of that day, dealing with the sociopolitical fallout of unfairly being blamed for the attacks, and rebuilding her life after being scapegoated for unthinkable tragedy.

Emily Gaudreau was on assignment shooting Playboy’s 2008 “Party School of the Year” showcase when she put her camera away, vowing to never use it again. Since then, she has aligned with her true purpose as a sexual abuse prevention advocate and parenting coach. In this episode of Open Mike, Emily and Mike discuss crucial topics the modern parent needs to know about, including at-home learning, sex trafficking, smart device usage, and drug experimentation.

Show Notes

[0:47] Introducing our guest, Emily Gaudreau!

[01:41] Emily’s background

[02:40] You used to be a photographer — how did it transport you into this new realm of work?

[05:02] Do you have formal training in social work or psychology?

[7:15] Emily discusses the blurry nature of “sex-positive” pornography and how it can lead to violence

[9:36] Sex trafficking is scary as hell and it’s a lot more prolific than people realize. How do you keep younger kids safe when monitoring them is so hard with modern technology?

[11:12] What’s the age when you’ll give your daughter her own smart phone?

[14:08] Other than restricting phone usage, what else can parents do to protect our kids?

[15:30] Premature exposure to pornography can cause kids to display signs of abuse

[18:40] How prolific is premature exposure to pornography? What is the conversation we should be having with our kids?

[19:47] Kids of divorced homes are 20% more likely to be victims of sexual abuse

[22:12] In an ideal world, sex ed comes from parents… how do you stop kids from hearing from their friends first?

[24:14] Do you find that kids are more on alert these days?

[26:54] Check out How to Raise a Maverick and hit Emily up on Facebook, Instagram, or Twitter!

[27:03] What does “maverick” mean to you?

[30:10] Without guidance, teens having sex are a little clueless… in an ideal world, are kids going to figure it out together, themselves?

[35:25] Sex ed in the United States is hyper-focused on gender studies in younger people and overlooks fundamental issues like consent

[37:43] Are you for or against allowance? What’s the best way to give your kids allowance?

[41:14] What’s your take on alcohol and parents who allow their kids to have a sip or two (or more) when they’re underage?

[44:15] What’s your best advice for parents who know their kids will be around marijuana and want to experiment? What’s the safest way to deal with that?

[49:06] There’s a difference between not allowing something in your home and having an open level of communication. The home needs to be a safe space with standards that are consistently upheld.

[53:10} What’s your best advice for parents of younger kids, 7-10 years old, about whether they should be the friend or parent figure?

[55:13] Do you have any tips on how to keep kids focused during the COVID-19 online learning process?

[57:15] You have a course for parents including a coaching session called “Young, Wild, and Safe.” What does that involve?

[58:48] How would you summarize the absolute best parenting advice you could give someone?

[59:55] Thank you to today’s guest, Emily Gaudreau!

[1:00:08] Remember to investigate How to Raise a Maverick and Emily’s social: Facebook, Instagram, and Twitter

[1:00:33] Thanks for tuning in to Open Mike Podcast — we’ll see you next time!

In 1992, singer-songwriter Jimmy Dennis was wrongfully convicted of murder. He was sent to death row for 25 years until his 2017 exoneration. Miraculously, he avoided execution. Who’s to blame for this atrocity? A corrupt Philadelphia police department. Prosecution that destroyed evidence. A fundamentally broken criminal justice system. How do we repair a structure that often administers law, but not always justice?

Show Notes

[0:40] Jimmy’s background

[1:46] Welcoming today’s guest, Jimmy Dennis

[3:40] You were a musician, a singer in the early 90’s in Philadelphia… tell us about your life before you were wrongfully incarcerated?

[7:38] Jimmy discusses former systemic Philadelphia police corruption and destruction of evidence that affected his case

[9:36] The same police officers in Jimmy’s case acted similarly to more than twenty other death row inmates

[11:21] Nothing tied you to this murder. You had a solid alibi, the dozens of witnesses were coerced, there was no evidence. Witnesses said the perpetrator was 5’10” and you’re 5’4.”

[14:05] Were you ever in the system before this?

[15:53] You had a hired attorney who did not provide a good defense for you… Did you know this was happening as it happened?

[18:51] Tell us about the three eyewitnesses at trial who were coerced into giving false testimony. How did that feel to have them point at you?

[21:02] How did your lawyer do with cross-examining these people?

[22:10] Tell us about the missing welfare receipt that proved your innocence. What is a welfare receipt?

[24:17] How did your new lawyer find that receipt in 1998?

[29:24] Did anything happen to the police officers or prosecutor who destroyed the evidence, was there any discipline?

[30:00] If all of us want to a fair and just society, we need to advocate for discipline for corrupt prosecutors and police.

[32:09] What was it like spending 25 years on death row for a crime you didn’t commit?

[34:41] Over those 25 years… what was the delay in your execution?

[37:02] You mentioned the support you received from around the world, Susan Sarandon, Ed Asner, and others… to rely on celebrity attention for a desired outcome is not easy, is it?

[42:50] If you were a juror on your trial, would you have convicted yourself?

[45:02] Have you ever talked to any of the jurors?

[46:45] A jury member has a duty to listen to the evidence and listen to it properly

[49:14] All of this new evidence that exonerated you was hidden and appeared years later… based on the incomplete picture the jury was presented, do you blame them?

[50:32] How old are you now? Tell us about your family situation now.

[51:28] How’s your relationship with your daughter who was born while you were incarcerated? Were you able to mend it?

[53:52] You’re back to creating music — let’s take a listen to your song, Hate the Skin I’m In feat. Gwen Jackson, available on all platforms. Can you tell us about it?

[58:28] What’s the future for you and music?

[59:11] Check out Jimmy’s YouTube channel!

[1:02:30] The federal court said you were innocent and released you once you signed a no-contest plea waiving any wrongful compensation money. That would have been millions of dollars. You chose to sign it rather than subject yourself to a retrial. Is that correct?

[1:07:42] Jimmy explains that although he has PTSD, he uses his energy to fight for justice.

[1:10:05] Thank you to our guest, Jimmy Davis

[1:10:40] We hear so many cases of wrongful convictions, and Jimmy’s is another one that proves our criminal justice system needs significant change.

[1:11:02] Thank you for watching and listening to Open Mike!

What type of person would willingly allow themselves to be incarcerated for 60 days? As a former Corrections Officer and Military Intelligence Officer, Mark Din is no stranger to high-stakes situations. However, nothing could have prepared him for life on the inside when he agreed to be locked up for A&E’s hit reality TV series, 60 Days In.

This week’s episode of Open Mike explores the gritty realities of the American prison system as seen through the eyes of an inside operative whose experiences were recorded and broadcasted on network television. Din discusses everything from racial segregation, to corrupt staff, to abysmal food quality, casting an authentic light on the sometimes bleak conditions endured by the 2.2 million Americans who are currently incarcerated.

Show Notes

[1:10] Place welcome our guest, Mark Din!

[1:46] Why would you volunteer to spend 60 days in jail?

[1:53] Mark’s background in the military and as a corrections officer

[4:04] Overall, was it a good experience? What are you doing now?

[5:00] Wasn’t the premise of the show to bring you and others in to ferret out fraud, abuse, bad actors in the prison system?

[7:22] What was the crime you allegedly committed to be “incarcerated” for 60 days?

[9:11] How nerve-wracking and scary was this experience?

[10:24] Even though it’s TV, if somebody wants to hurt you, they could, right?

[11:16] What were the actual prisoners told about the cameras around the facility?

[12:36] Did they ever get wind that you were a plant in there, spying on the system?

[13:51] You lasted the whole 60 days… did you get paid well for this?

[14:37] How bad is the food in there?

[15:31] Did you lose a lot of weight?

[16:07] Did you make any friends while you were in there?

[17:50] Check out Mark’s Podcast and YouTube channel, Awkward Fist Bump Productions!

[20:21] Do you think this series of shows has done anything to make jails safer or more honest?

[21:02] Is this more about finding bad guards and loopholes in management or how inmates are getting contraband or other illegal activities?

[23:04] If bad guards are being fired, that’s a good change. As well as for other guards around the country, knowing that this show is out there, and they could lose their jobs for corruption.

[26:36] Do people recognize you now and come up to you asking for selfies and autographs?

[29:25] What was the scariest thing that happened to you in those 60 days?

[31:50] You can see Mark on A&E’s 60 Days In, season five!

[32:42] Thanks for tuning in to this week’s Open Mike Podcast! 

Stacks of money. Excess of drugs. Sex with models. These are tropes found in most Martin Scorsese films. They were also staples of Richard Bronson’s actual life. Today, he is CEO of 70 Million Jobs, which does the honorable work of helping people with criminal records find employment.  But, in the 1980s, he was leading a lavish, hedonistic lifestyle as partner of Stratton Oakmont, the former brokerage house The Wolf of Wall Street was based on.

In this salacious, ultimately moving episode of Open Mike, Branson poignantly reflects on his meteoric ascent within the Manhattan stock exchange scene, earth-shattering fall from grace, and inspiring path to redemption.

Show Notes

[0:07] Richard Bronson’s background, CEO of 70 Million Jobs, former partner at Stratton Oakmont, the firm that The Wolf of Wall Street was based on. 

[01:28] Introducing today’s guest, Richard Bronson!

[01:36] What was the firm you were partner at, Stratton Oakmont? Your partner was Jordan Belfort?

[02:10] For those who have seen The Wolf of Wallstreet, what years were you there?

[04:08] These paychecks people are showing you — what are the numbers, what were people making?

[05:07] Were they putting clients in decent investments?

[07:12] What we saw in the movie… how true was all that?

[07:30] Richard details the decadence and drug usage rampant at the firm.

[10:21] What’s one of the most shocking experiences you had while you were there?

[14:14] It sounds like you’d have to win or lose a million dollars just to feel something?

[17:15] You were making millions of dollars — what was your impetus to leave after a year-and-a-half?

[20:58] The people you were selling stocks to… were they losing everything to invest?

[24:24] One day you were at the office and the Feds walked in… what was that like?

[27:15] Richard expresses his relief at his financial dealings being exposed and the opportunity to pay back conned investors.

[32:46] Where did you serve your prison time?

[34:21] Did you ever lie there at Riker’s or the other, cushier federal prisons, and think of the helicopter rides, Quaaludes, tens of millions of dollars of art…and reflect on that contrast in just a couple of years?

[36:10] Richard discovered that his calling in life was to help thousands of recently released prisoners and utilize technology to help them obtain employment. Commissary Club is the first social media network for people with criminal records where they can connect with and inspire each other.

[39:27] One in three American adults has a criminal record.

[40:51] You’re trying to change some laws so that people with criminal histories don’t have to “check that box” when they apply for a job, correct?

[42:16] How do you convince big companies to take a chance on someone who’s made a mistake in the past?

[44:48] As much as 43% of people with records are currently unemployed

[46:29] Did you know that if someone is exonerated from prison, they have no parole rights or benefits?

[47:38] You mentioned you still talk to Jordan Belfort — what’s he up to these days?

[48:44] Did you consult on The Wolf of Wall Street?\

[49:41] Thank you for watching Open Mike!

In a nation where up to 10% of incarcerated people may be wrongfully convicted, how do you determine who’s innocent and who’s guilty? Dr. Burton Bentley is an emergency medicine physician who helmed a company called Elite Medical Experts. Its mission is to provide expert medical opinions in complex litigation in the hopes of avoiding such miscarriages of justice.

This fascinating installment of Open Mike examines the nuanced, sometimes convoluted systems that necessitate third-party intervention in order to provide a fair verdict. Casting a spotlight on a captivating discussion between a brilliant legal mind and a brilliant medical mind, this episode is truly a must-listen!

Show Notes

[0:05] Introducing today’s guest, Dr. Burton Bentley

[0:55] Dr. Bentley, you’re at the University of Arizona right now, is that true?

[1:18] What possessed you to help innocent people get out of prison?

[1:35] Dr. Bentley’s background

[3:17] Your company has helped provide experts for indigent defendants, correct?

[4:18] Can you provide an example of stepping into a case where a defendant didn’t have an expert and you were able to have someone step in and lighten the jury to good effect?

[8:51] So, this is a man who’s already convicted, probably life imprisonment, or a lengthy sentence?

[10:57] I assume his attorneys in Ohio will be filing a motion to relief from judgment, using your affidavit you were able to procure from a forensic pathologist to show there’s no evidence, asking the judge for a new trial?

[12:06] The expert witnesses are so important — in Michigan, the Supreme Court recently passed a law stating these types of criminal cases, if the prosecution is bringing expert witnesses against the defendant, the defense must provide expert witness testimony.

[13:19] How crazy is it to hear that defense attorneys try to defend someone without an expert? What’s your take on that?

[15:26] The presumption in child abuse is that it’s inflicted, because the child couldn’t have inflicted it on themselves, and by the time it reaches a legal construct, it’s because someone has informed Child Protective Services or law enforcement

[18:42] The jury has to hear the other side, even in exceptional circumstances, so they can determine who is telling the truth

[20:40] Dr. Bentley provides an example of a baby with multiple, sustained head injuries; the assumption is child abuse, but the family has video evidence of the baby constantly hitting their head against their crib

[24:48] How does a juror determine which expert is telling the truth?

[26:01] One of the telltale signs of legitimacy is if an expert is making a living off their expertise, if they’re an “advertising expert”

[28:27] Experts are being paid thousands of dollars to provide expert testimony! Leaving aside the money, how do you tell who’s telling the truth?

[30:55] A lot of credibility goes to the character of the expert or physician and how “likeable” they are

[33:14] You have knowledge about a specific type of expert, a child abuse pediatric expert, can you explain what those credentials are?

[36:19] How does that expert have time to treat patients as well? What kind of background does a child pediatric expert have?

[38:14] Recent studies show at least 10% of people in prison could be innocent

[39:25] Thanks for watching and listening to this episode of Open Mike!

Jake Halpern is a prolific journalist, storyteller, and Pulitzer Prize-winning author. Ned Timmons is a former FBI agent who spearheaded investigations in the 1980s that led to the indictments of the world’s most dangerous drug smugglers. Together, they’ve collaborated on Deep Cover, a podcast detailing one of Ned’s undercover missions that unwittingly led to the U.S.’s invasion of Panama.

In this compelling episode of Open Mike, Jake and Ned discuss the creative journey they underwent during production of Deep Cover, insights they’ve gleaned from each other along the way, and reasons that undercover assignments of this magnitude could never happen in the present day. Jake also reflects on ways his 2018 Pulitzer Prize has affected his life and career.

Show Notes

[0:08] Introducing today’s first guest, Jake Halpern

[1:41] Jake’s background and epic, fantasy series Dormia

[3:16] In addition to writing for dozens of publications, you teach at Morse University (no relation). How do you like being a professor?

[4:33] You won the Pulitzer Prize in 2018 — what was that like?

[7:34] When you say you wrote a graphic narrative, a “true comic” about a refugee family’s immigration experience… is it funny?

[9:09] What is the book called?

[10:10] Is it a strip?

[13:31] Is winning a Pulitzer like winning an Academy Award? Since then, how has your career changed?

[15:29] Your podcast Deep Cover with Ned Timmons is amazing. It hasn’t been out very long, but you have over two thousand five-star reviews. Do you know how many downloads you have?

[16:35] Ned’s background, time as an FBI agent, involvement in the overthrowing of Panamanian dictator Manuel Noriega

[18:29] How did you learn about Ned and what made you decide to collaborate on this podcast?

[23:34] How long did Deep Cover take to investigate and record?

[24:36] How many episodes is it?

[25:08] Introducing Ned Timmons! Welcome back Ned.  How’d it feel to hear us talking about you for the last twenty minutes? 

[25:42] Ned, how was the experience working with Jake for the last year-and-a-half?

[28:33] Ned, when you were telling these stories, part of the shock factor is that you were a one-man operation, doing some amazing, dangerous work, making life-or-death decisions without supervision.

[32:59] Why do you think this story is resonating with millions of people, right now?

[34:46] Ned, what is it about you that kept you from being scared and paranoid, that allowed you to do this?

[37:35] Jake, why do you think there are millions of downloads, what is resonating with people?

[38:00] With COVID-19 and a divisive political climate, this story has mass nostalgic and escapist appeal

[40:03] Ned, what is it about Jake’s story-telling that is so special? What did you learn from him?

[44:57] Ned’s ex-wife witnessed him bringing burdens of work home with him; their marriage story is the most powerful element of the narrative

[46:01] Jake, you also have a movie called Secrets of the Temple coming out; when is that being released?

[47:43] Thank you for watching this episode of the Open Mike podcast!

Devin Gardner was the starting quarterback for the University of Michigan from 2012 to 2014. He has since played for both the New England Patriots and Pittsburgh Steelers before leaving the NFL. He now works as a commentator for Fox Sports and runs the Young Go-Getters which works to develop aspiring quarterbacks with a dream to go far.

In this episode of the Open Mike Podcast, Devin goes through the highlights of his football career and explains the choices he made along the way. They discuss the recent cancellation of Big Ten Football and how it will affect the players as well.

Show Notes

[0:11] Introducing today’s guest, Devin Gardner

[1:43] Devin’s background

[4:17] How did being told your GPA wasn’t good enough effect you?

[5:47] How did you end up at University of Detroit Jesuit High School anyways?

[7:40] You were the best dual-threat quarterback in the world, how did you deal with that pressure?

[13:40] How were you recruited to play for U of M?

[14:49] Did anyone ever offer you off-the-books incentives to join their team?

[15:33] What is your take on paying college athletes?

[17:44] Why did you switch jersey numbers?

[20:09] Was that the year that you got off the bench?

[21:35] What was your first thought when Denard Robinson hurt his elbow?

[28:08] Did you play the next game as Quarterback?

[29:35] Did they not want to pull you from receiver?

[33:30] Practicing at Minnesota’s Stadium in the freezing cold and support from Denard Robinson

[36:47] How did it feel to throw your first touchdown pass in that game?

[37:40] When did you become number 98? Why?

[39:50] What did you wear as a professional player?

[40:18] Did you get a degree in social work?

[40:43] What is Young Go-Getters?

[44:26] What is your goal for the organization?

[47:00] Are you making money from this?

[47:15] What do you do for Fox Sports? What about your podcast?

[49:38] Why didn’t you transfer to another college and start for their team?

[52:01] How has Harbaugh been as a coach?

[53:47] Big Ten Football won’t be happening. Do you think it was the right call?

[59:44] Check out Devin Gardener on Twitter and Instagram!

[1:00:12] Thank you for watching this episode of the Open Mike Podcast!

Brenda Hill is a candidate who ran to represent Michigan’s District 10 in the State House. She was on track to win until there was a sudden and suspicious surge in votes for her competitor, Mary Cavanagh. Brenda and her friend, City Charter Commissioner Nicole Small, suspect fraud.

In this episode of the Open Mike podcast, Brenda and Nicole explain what they believe really happened in this crazy election. They dive into Mary Cavangh’s background and how someone who didn’t campaign could win. Tune in to hear the suspicious story and Brenda’s plan to find the truth.

Show Notes

[0:04] Introducing today’s guests, Nicole Small and Brenda Hill

[1:06] Brenda, can you tell us what happened with the State Representative Election?

[2:46] Was it Mary Cavanagh who you believe cheated?

[3:00] Nicole, what does your job entail at the Detroit Charter Commission?

[3:45] Nicole, what do you think happened in the District 10 election?

[7:41] What happened with the Redford clerk being kept out of his office?

[8:09] Mary Cavanagh’s family history

[8:36] When were the ballots reported to have been compromised? How did it happen?

[11:55] So you want the Secretary of State to conduct an investigation?

[12:34] What do you believe happened? How did they cheat?

[15:20] You have a lot of support behind you, why has there been such a fast response to this problem?

[17:04] What is the next step?

[18:12] So where do you think these extra ballots came from?

[19:30] Brenda, can you tell us about yourself and why you want to be a State Representative?

[23:12] Thank you for watching this episode of the Open Mike podcast!

Michael Phillips Jr. and Romell Holmes run the Fathers First Movement in Detroit. Their organization works to encourage men to be active participants in their children’s lives. A relatively new group, Fathers First has made great strides very quickly in the Detroit community.

In this uplifting episode, Michael and Romell talk about the need they saw in their community and how they are working to fulfill it. Mike and his guests share advice from their own experiences as fathers. The Fathers First Movement is working hard to put good into this world, hear about their mission in this episode that is guaranteed to make you smile.

Show Notes

[0:30] Introducing today’s guests, Michael Phillips Jr. and Romell Holmes of the Fathers First Movement

[1:26] Can you tell us about your backgrounds?

[2:23] You didn’t grow up in the best neighborhoods, then?

[2:54] What was the worst thing you saw as a kid in Detroit?

[3:52] Are you both fathers?

[4:30] Did you both go through your parents divorcing?

[5:17] What is the mission of the Fathers First Movement?

[6:40] In your communities, how do Fathers treat their children?

[8:18] Is there a racial component to this problem?

[9:38] Did you grow up with distant or absent fathers?

[10:40] The Fathers First Movement wants to show fathers that being a dad is more than signing paperwork

[12:30] A lot of men didn’t have a good role model for fatherhood

[13:33] Where do you guys work?

[16:07] What do you think about the Fathers First Movement, Kayla?

[17:31] The small things can make a kid feel loved

[20:04] Can you tell us about your first event?

[21:25] Check out the Event Page!

[24:20] Michael and Romell have connections in community which helps them get people involved

[25:51] Check out the Fathers First Instagram and Facebook!

[26:05] Check out their GoFundMe!

[28:13] Kayla, what do your friends thing of this? Have you seen an effect?

[30:12] Forgiving a father who left would be very difficult

[34:06] Mike talks about his experience with his daughters

[37:08] Concluding Thank you’s

[38:25] Thank you for watching this episode of the Open Mike Podcast!

George Hunter is a seasoned journalist at the Detroit News who has been covering crime stories for over 20 years. A Detroit Native, he is the author of many true crime novels as well as host of the popular podcast Sins of Detroit, a show that looks at wrongful convictions that started with investigations by the Detroit Police Department.

In this episode of the Open Mike Podcast, George discusses what he believes to be the worst wrongful conviction case he’s ever covered- that of Davontae Sanford. When Sanford was 14, he was arrested for a quadruple homicide he didn’t commit. Tune into this episode to hear about Davontae’s journey from arrest to release and the confession of the real killer.

Show Notes

[0:04] Introducing today’s guest, George Hunter

[1:02] What is your background and connection to Detroit, George?

[2:22] Why didn’t you become a cop like the rest of your family?

[2:38] Why did you pick journalism?

[3:49] How long have you been on the crime beat for the Detroit News?

[4:28] What is your take on federal troops offering to come into Detroit?

[6:26] Do you think that Detroit could become the next Portland?

[8:00] Are violent crimes statistically up?

[8:33] How could COVID-19 be influencing private crime?

[10:46] What is your take on Detroit Police Chief Craig?

[12:38] Do you think Chief Craig handled the Hakim Littleton Shooting well?

[14:00] What got you fixated on wrongful convictions? Check out George’s podcast Sins of Detroit!

[15:58] It’s remarkable that wrongfully convicted people aren’t always unbelievably bitter

[16:32] Are there any wrongful conviction cases that stick out in your memory?

[17:50] Davontae Sanford was wrongfully convicted of murder at age 14

[20:32] People are very often pressured into pleading guilty like Davontae was

[23:42] How many people have Valerie Newman and the Conviction Integrity Unit gotten out of prison?

[24:06] George’s website on Davontae Sanford

[24:10] Talking about the case of Vincent Smothers who committed the crime Sanford was accused of

[28:19] How many years was Davontae Sanford in prison?

[31:02] Who was Davontae Sanford’s lawyer?

[34:10] How did Davontae’s case get picked up by the University of Michigan Innocence Clinic?

[35:47] Was Kym Worthy the prosecutor during the Davontae Sanford case?

[37:16] How many innocent people are sitting in prison right now?

[38:29] Check out Davontae Sanford’s Road to Freedom here!

[39:33] Vincent Smother’s killing of Rose Cobb

[41:50] Watch Mike’s interviews with John Sheav and Chantá Parker

[42:20] Do you think that our criminal justice and defense systems are getting better?

[44:40] Watch Mike’s interview with Kenny Wyniemko

[48:08] Is the Detroit Police Department going to keep using facial recognition and Project Greenlight?

[54:05] Are people complaining about project greenlight or is it stores?

[57:03] Check out George’s books!

[59:04] Thank you for watching this episode of the Open Mike Podcast!

Chantá Parker is the Managing Director of the Wayne County Neighborhood Defense Service (NDS). The NDS was hired this past fall to provide better legal defense for citizens who can’t afford a private lawyer. They have an excellent track record in Harlem and are working to help bring justice to Detroit.

In episode 62 of the Open Mike Podcast, Chantá explains the origns of the NDS and how they were chosen to help Detroit. Mike asks her about what changes they’ve seen already and what they are still working on. Tune in to hear about the great progress that the Wayne County NDS is making.

Show Notes

[0:03] Introducing today’s guest, Chantá Parker

[1:15] What is your background?

[4:12] How is the Neighborhood Defender Service (NDS) different?

[7:09] Was there a Wayne County Public Defender’s office before you came in?

[8:56] Are there any statistics that show how much good NDS is doing?

[10:12] Watch Mike interview the Disruptors from The Bail project in Detroit

[14:24] People are given a very low bail but still can’t pay it

[15:01] How good of a job is the Bail Project doing at publicizing their services?

[17:16] Who is training the 75% of Wayne county cases that you don’t take?

[20:19] Public Defenders needs to be aware of possibly corrupt or biased officials

[22:20] What do people need in Wayne Count to help with inequity?

[24:45] What level of oversight is there to make sure defense lawyers are giving enough effort?

[26:16] NDS offers free training to lawyers looking to get into public defense

[27:02] Do judges still appoint attorneys to represent defendants?

[28:25] Are you seeing judges select attorneys who don’t push as hard?

[31:15] This is an old system; it will take time to change

[31:49] Are you trying more cases than Wayne county used to?

[33:32] Are criminal courts open in person now?

[35:16] How honest would you say police have been in Detroit?

[39:08] Mike is very glad that NDS has come to Detroit

[39:58] Contact Chantá at (313) 474-3200 or through the NDS website

[40:44] Thank you for watching this episode of the Open Mike podcast!

John Shea is the commissioner of the An Arbor branch of the Michigan Indigent Defense Commission and an expert on public defense. He has been in private practice since 1988 and specialized in criminal defense. John is an advocate for better indigent defense statewide as well as an excellent lawyer.

In this episode, Mike dives further into his discussion about the criminal justice system by learning about the progress being made in Michigan. John explains the origins of the MIDC, the need for a public defender office, and how he believes wrongful sentencing is a bigger problem than wrongful conviction. Watch this informative episode to hear more about the issues that still exist in the Michigan criminal justice system and what we can do about them.

Show Notes

[0:05] Introducing today’s guest, Defense Attorney John Shea

[1:21] How did the MIDC get started?

[10:44] Do you agree with Professor Primus that one statewide organization is the best solution?

[12:40] Incarcerating people costs more money than providing them a lawyer

[13:53] Were there lawyers at bail hearings before the MIDC brought them in?

[16:51] People who need indigent defense usually don’t have enough money to post bail

[18:44] Is ending bail for nonviolent offenders a popular movement right now?

[22:10] The Bail Project will pay up to $5,000 bail for free

[25:08] Watch the Ted Talk by the founder of the bail project here

[26:30] Was it the MIDC that picked the public defender organization that came to Wayne county?

[27:48] If a lawyer’s paycheck depends on a judge, then they are disincentivized to do their job well

[30:55] The best way to handle indigent defense is through a public defender’s office

[33:29] Michigan does not require lawyers to continue their education after passing the bar

[34:48] What can people do if their court appointed attorney does a bad job?

[41:10] Is the average court appointed case still $450 from beginning to end?

[43:15] Lawyers used to have to take way too many indigent defense cases to support themselves.

[44:32] Every wrongful conviction case Mike has seen has had a bad defense lawyer involved.

[47:41] Wrongful sentencing is a bigger problem than wrongful conviction

[49:19] Are clients pressured into taking bad pleas?

[52:51] Thank you for watching this episode of the open mike podcast!