Open Mike Podcast

About Open Mike Podcast

Welcome to Open Mike, the podcast where Michigan's leading attorney Mike Morse lays down the truth, the whole truth, and nothing but the truth when it comes to your rights, current events, and so much more. Hear exclusive interviews with superstar authors, leaders, activists, experts, and entrepreneurs telling it like it is. You'll learn what insurance companies, the government, and other lawyers don't want you to know — so you can go for the win in law, and in life!

Publisher

Mike Morse

Category

education · society & culture

Language

en

Explicit

No

First episode

11 Feb 2020

Latest episode

12 Oct 2021

Latest episodes

100 episodes in the feed.

1. 

   12 Oct 2021

   119-A Firebombing & Wrongful Conviction Revealed Dark Realities of Detroit's Criminal Justice System

   In 2005, 18-year-old Kenneth Nixon and his girlfriend were arrested and charged with murder, arson, and four counts of attempted murder in conjunction with a tragic Detroit firebombing that killed two children. While Kenneth's girlfriend was acquitted by a jury, he was sentenced to two life sentences. A collaborative review by the Medill Justice Project, Cooley Law Innocence Project, and Wayne County Conviction Integrity Unit would ultimately determine Kenneth didn't receive a fair trial, citing inconsistent eyewitness testimony, opportunistic jailhouse informant testimony, and poor arson investigation. On February 18th, 2021, Nixon was released from prison, 16 years after his conviction. In this stunning installment of Open Mike, Kenneth reflects on the systemic biases that contributed to his wrongful conviction and provides updates about his post-release life — including inspiring advocacy work with the National Organization of Exonerees. Show Notes [00:01] Welcome to Open Mike! [00:17] Kenneth Nixon's background and bio. [01:43] Welcome to the show, Ken! You've been out of prison, almost eight months to the day! What was it like walking out of prison, getting your freedom back after sixteen years? [02:45] So much has changed over sixteen years… what milestones did you miss the most when you were incarcerated? [03:28] How many children did you have when you were convicted? Did you get to see them when you were in prison? [04:44] In 2005 there's a firebombing on Charleston Street in Detroit, Michigan. 20-month-old Tamyah Vaughn and her 10-year-old brother, Raylond were killed. Where were you when this happened? [05:36] Later on you found out the crime happened around midnight… where was this house in relation to you? Did you know this family? [06:27] Why do you think the thirteen-year-old brother of the victims told police he saw you commiting this crime? [08:22] This young boy's transcripts showed that he was inconsistent all along; he couldn't get his stories straight! [09:01] How did his statement come out at trial? Did your lawyer do a good job in demonstrating the inconsistent statements and impeach him? [09:45] Your girlfriend Latoya Caulford was also charged, so she was unable to testify on your behalf. What was her charge? [10:03] Did the boy say he saw her too? [11:30] Latoya was acquitted… is this your children's mother? Is she still part of yours and the kids' lives? [12:31] Let's talk about the prosecutor, Patrick Muscat — he's been a prosecutor on several of these wrongful conviction cases. He framed you to be a jilted lover who wanted revenge. When he said that, what was your reaction? [13:33] There was testimony at your trial that stated you had gasoline on your clothes. Can you explain why that was? [14:32] Police brought a dog in to identify fire accelerants at the scene of the crime. Muscat didn't tell the jury that the dog is trained to detect petroleum-based products — a dog doesn't know the difference between gasoline and perfume, or motor oil and glue, for example. Ken's possessions that had gasoline on them were taken for testing at the lab and didn't match any of the evidence at the scene of the crime. [15:23] Didn't a cop, Robert McGee, say that his dog linked your clothes to the crime, and his dog is never wrong? [15:41] Were you satisfied with how your attorney defended you? [16:31] We've done several wrongful conviction stories here on Open Mike, and one of the lynch pins that convicted many people were jail snitches, which are so problematic for so many reasons. And in your case, you had one who claimed you admitted to the firebombing. What do you know about this guy, and did he get a deal for testifying against you? [17:52] Outrageous! Did he ever come clean and say he lied? [18:56] Did the student's interview eventually lead to your exoneration? [19:51] Did you and your girlfriend get tried together? [20:44] When you heard the guilty verdict, what was going on in your head? [21:52] What did you tell the sentencing judge right before you were handed your sentence? [22:07] How did the Justice Project at Northwestern University get involved in your case? [25:24] How did the Brady violations come to light? Did the students identify them or did something else happen? [26:43] The Wayne County Conviction Integrity Unit and the Cooley Law Innocence Project got involved… I assume Northwestern University got them involved? [27:28] What information was presented to the judge, and what did he do? [28:09] One thing that's a little strange here, is that the victims' family were upset about your release. What do you think about that? [28:58] You're still a young man — what's in store for you ahead? [29:48] Ken is part of the National Organization of Exonerees which aims to bring awareness to the wrongful conviction crisis. [30:27] Ken is the 28th person exonerated by the Wayne County Conviction Integrity Unit. [31:43] Thank you to Kenneth Nixon for appearing on the show! There are so many similarities between all of these wrongful conviction cases, but thankfully the truth came out and Ken is reunited with his kids. Thank you for watching Open Mike — please subscribe, comment, like, and share the episode, we'd love to hear from you! We'll see you soon.

2. 

   5 Oct 2021

   118- After a 25-Year Wrongful Incarceration, This Navy Veteran Reassembles Pieces of His Stolen Life

   In June 1993, Navy veteran Derrick Sanders was arrested for the shooting death of a Milwaukee man he had assaulted seven months previously. Although he had no role in the man's death, inept legal counsel advised him to plead no contest to charges of first-degree intentional homicide, party to a crime, and he was sentenced to 21 years to life in prison. Over the next twenty-five years, Derrick would be entrenched in legal rigmarole after filing a motion to withdraw his plea. He argued that, due to his attorney's inadequate explanation of potential punishment, he did not intelligently enter the plea. In August 2018, a Milwaukee County circuit judge granted Derrick's motion to withdraw the plea. A few weeks later, the Assistant District Attorney dropped the charges and Derrick was a free man. In this riveting, all-new episode, Derrick and Mike discuss the complex, systemic deficiencies that enabled Derrick's wrongful conviction. Derrick also reflects on ways he would have advocated for himself more staunchly and drops some firsthand truth bombs about what we should know to protect ourselves from a false accusation. Show Notes [00:01] Welcome to Open Mike! [00:33] Background and bio of today's guest, Derrick Sanders. [01:29] Hello, Mr. Sanders! Welcome to the show. [02:07] You're a Navy veteran who was honorably discharged, you had a well-paying job. But you got involved in assaulting Jason Bowie — what was that about? [03:25] Your friend was Anthony Boddie, who got you involved in this, right? So, you were sticking up for him, beating up on the guy you thought stole the TV… when you left the scene, he was still alive? [5:00] You decided to start cleaning up at the abandoned house… you had cleaning supplies there? [05:32] So, you took off and what happened next? [06:48] At what point did you hear the gunshot, or did you never hear it? Who shot Jason Bowie? [07:33] Despite the fact that he was your friend, Anthony Boddie told police you were present for the shooting, which you weren't. Is that correct? [08:19] Didn't John Peavey, in one of his eight statements, also claim you were present during the shooting? [08:42] What did you tell police when they caught up with you in June 1993? [09:32] At the end of your written statement, you expressed sorrow that this occurred over a television set. Why did you write those words? [10:15] Both you and Boddie were charged with first-degree, intentional homicide and party to a crime. Did you know what party to a crime meant at that point? [11:01] Your attorney, was he court-appointed? What kind of job did he do for you? [12:39] Derrick's private attorney urged him to plead no contest, which is basically unheard of for a murder case. [13:19] The judge sentenced you to 21 years to life, with the possibility of parole in 2015. What went through your mind when you heard that? [13:56] A couple years after you were incarcerated, your mother received a signed affidavit from Anthony Boddie. What did that affidavit say? [16:49] Did your attorney lose his license after this? [17:51] You spent twenty-two years in prison after the affidavit was sent. Why didn't that letter get you out? [19:38] Who was your appellate attorney throughout this? Because they did a great job getting the conviction overturned and presenting you options. [20:41] It makes no sense — it seems like your second attorney was as bad as the first attorney! She had you plead guilty to the exact same charges after the appellate attorney got you all these options! [22:55] One of the reasons we do these shows is to educate people. At the end of the day, you weren't educated on criminal justice proceedings, and it's your lawyer's fault. But there is some responsibility on you… do you take that responsibility that you may not have done the right thing? [24:31] To everybody listening… if you're sitting in prison and you don't agree with your lawyer, and it feels like something is wrong, get a second opinion. [25:11] Let's fast forward… what happened in 2018 that got your case reviewed by the police again? [28:20] You got a new lawyer, and the judge was listening to your story… what happened next? [30:23] Did the letter you write to the judge make it in the file? Was your attorney combative on the stand, or was she helpful to your cause? [32:27] What did the judge do after this hearing? [34:45] The state compensated you a measly $25,000… what was that about? [37:06] I wish you the best on those lawsuits and claims and hope you get every dollar you're entitled to. You were treated wrongly by the state and had some incompetent attorneys, never received apologies, and were wronged. [39:21] It's been three years since you've been out… how are you doing these days? What are you up to? [41:05] I'm so sorry this happened to you, this is maddening and ranks up there as one of the most messed up stories I've heard. All I can do is apologize on behalf of your lawyers and for the failure of the system. Hopefully someone listening to this podcast will learn something and hopefully avoid the type of mistreatment you faced. Thank you for appearing on Open Mike and best of luck in the future. Take care. [43:11] If you know someone who needs to hear this podcast, send it. Forward it. Please like, and subscribe, and comment to let us know what you'd like to see on upcoming episodes. We look forward to seeing you in the coming weeks. Thanks for listening, thanks for watching.

3. 

   21 Sept 2021

   117- Detroit Exoneree Eric Anderson Reflects on 9 Years Wrongfully Incarcerated for a Brutal Robbery

   In April 2010, Eric Anderson was arrested and charged for involvement in a robbery and beating of two men outside their Detroit home. At the time of the crime, Anderson was actually at a Coney Island, ten miles from the scene, where he was shot in the foot, necessitating immediate medical attention. Despite hospital records confirming his treatment, and Coney Island security footage substantiating his injury, Eric would spend nine years in prison for a crime he didn't commit, asserting his innocence the entire time. The Michigan Innocence Clinic re-investigated Anderson's claims of innocence and, following an interview with the Wayne County Prosecutor's Office's Conviction Integrity Unit, his sentence was vacated on April 30th, 2019. How did such a convoluted chain of events transpire when multiple pieces of evidence corroborated Eric's claims of innocence? Why was he allowed to languish in prison for so long when it was clear he couldn't have committed this robbery? Tune in to this mind-blowing, all-new installment of Open Mike to find out! Show Notes [00:01] Welcome to Open Mike! [00:20] Eric Anderson's background and bio. [02:10] Welcome to the show, Eric. The story is kind of crazy and convoluted but, not to do a spoiler alert, you're out of prison after spending nine years wrongfully incarcerated. Let's show how ridiculous this conviction was. [03:10] April 18th, 2010, about 3:30 in the morning. Tell us about your stop at Coney Island. What happened there that led to you being shot in the foot? [04:14] You walk into the Coney and almost immediately get shot in the foot. Then what happened? [06:02] You didn't want to go to Detroit Receiving Hospital, which was closer, you chose to go to Sinai Grace because that's the hospital you were familiar with? These facts become very relevant to your trial later. [07:05] Were you released that night, or did they keep you overnight? [07:38] At the same time of your shooting, two armed men with their shirts pulled up over their faces robbed 20-year-old Gregory Matthews Jr. and a friend, 19-year-old Stephon Tolin, on the street outside Matthews's home in Detroit, Michigan. Did you know these two people? [08:37] This happened a few miles from the Coney Island you were shot, is that true? [10:05] One of the witnesses said they heard a gunshot as the assailants were turning a corner, which was included in the police report. [10:30] Ten days later after you were shot, what happened? [11:23] Police pulled over Eric (and his friend who was driving) and told Eric he was under arrest; they believed he robbed Gregory and Stephon and shot himself in the foot. [11:44] Do you know how you became a suspect? [14:25] Two weeks after Eric's arrest, they transported him to Michigan State Police to take a polygraph test. [16:28] To this day, you've never seen your face on surveillance footage from that Coney Island. But your distinctive, Ed Hardy jeans, tight hair, and other identifying markers could tie you to the scene of your shooting. Is it clear that, when you walk in, that's you? Does the video show you getting shot in the foot? [18:30] When you got the polygraph, did you have an attorney yet? [18:56] For anyone watching… the second you are under arrest, stop talking and get an attorney, and let the attorney walk you through this process. [19:10] You took the polygraph… did they tell you right then and there that you failed it? What did they say to you? [19:43] In September 2010, Eric was offered a plea of probation. He declined because he didn't commit the crime. [20:40] Eric was confident that people upholding the system of justice would do the right thing, and he declined to hire an attorney to save money. [22:59] Two months later, Eric went to trial with a court-appointed attorney who improperly represented him, and didn't show the jury the surveillance footage, despite Eric's urging. He provided the jury video stills instead. [24:39] One of Eric's friends who was also implicated in the crime, yet not arrested, testified on Eric's behalf. [25:21] What was the prosecution's case? [26:44] The angle of Eric's bullet wound proved that he didn't shoot himself. His court-appointed attorney didn't recruit any expert medical witnesses to verify. [27:40] Who did the prosecution put on? These witnesses who said they saw you pistol whip and rob these guys? [29:47] Did your defense attorney cross-examine these witnesses? [30:45] The location of the robbery in respect to Sinai Grace seems to be what hurt you in trial. Where about did the robbery occur? How many miles is that from Sinai Grace? [32:11] How did they argue that you would have even known about that shooting while you were at Sinai Grace? How is that even possible? [33:17] Despite all of these defenses, you were convicted on November 5, 2010, of two counts of armed robbery, assault, and illegal use of a weapon. What did you think of that guilty verdict? [34:18] Did you ever think the truth would come out after that massive sentence? [34:32] Two years later, the Michigan Court of Appeals vacated your assault conviction, because it was multiple punishment for the same offense. But upheld the other charges and resentenced 12 to 20 years plus two years for weapons charges. That was basically a technicality issue. But you did something smart and, in 2018, got the Michigan Innocence Clinic involved. How did you do that? [36:40] The Michigan Innocence Clinic convinced the Wayne County Prosecutor's Office Conviction Integrity Unit, upon their own investigations, to vacate Eric's convictions. [37:46] Tell me about the person who admitted to the crime you were accused of committing. How did you find out who did it? [38:47] The actual perpetrator was serving prison time for a different time and offered to admit to the crime. But you didn't take him up on the offer. That's curious to me! [40:05] The perpetrator also sent Eric a signed affidavit saying he committed the robbery. [41:01] You're doing twelve years of prison time for a crime you didn't commit, and you have compassion for this guy to not add on to his sentence! It sounds like a smoking gun that could have gotten you out sooner. Did the Michigan Innocence Clinic use this information? [43:32] A breakdown of the hospital records demonstrated that Eric couldn't have committed the robbery. [44:12] How long after the Conviction Integrity Unit interview were you released? Can you tell me about that day? [47:53] Did anybody from the Wayne County Prosecutor's Office apologize to you? [49:17] Eric and the National Registry of Exonerees are pushing for greater awareness of the wrongful conviction crisis that has been plaguing the American criminal justice system. [50:53] You've been out for two-and-a-half years… how difficult has it been to reacclimate to society? [51:21] You did receive some compensation from the state of Michigan, correct? What about the federal government? [54:48] One of the reasons we do these shows is so that potential jurors will do the right thing, look at things with the right skepticism, and put the proper weight behind their decision. Because these wrongful convictions happen all the time and people need to hear about these stories. [55:29] Did the man who committed these crimes ever get convicted? Have you spoken with him? [56:23] Thank you for coming on the show. I'm sorry for what you went through and am grateful for your advocacy work to help change some of these laws. [58:10] Thank you for watching Open Mike with another wrongfully convicted person, right here in Michigan. Eric Anderson spent nine years in prison for a crime he absolutely could not have committed. Another heartbreaking story. Lots of thanks to Eric for sharing his story. Like, share, comment, subscribe, and give us feedback on what you'd like us to cover next. Until next time!

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