All language subtitles for Episode 02 Ein Neuer Chef

>>> On this episode of "death
row stories," a terrifying

row stories," a terrifying
crime.

Crime.
>> The victim was so innocent.

>> The victim was so innocent.
>> A condemned man fights for

>> a condemned man fights for
his life.

His life.
>> No matter how much I begged,

>> no matter how much I begged,
no one listens to a convicted

no one listens to a convicted
murderer.

Murderer.
>> Until a compassionate priest

>> until a compassionate priest
helps dig for the truth.

Helps dig for the truth.
>> My heart drops to the pit of

>> my heart drops to the pit of
my stomach.

My stomach.
>> It's the biggest smokescreen

>> it's the biggest smokescreen
I've ever seen in my life.

I've ever seen in my life.
>> There's a body in the water.

>> There's a body in the water.
>> He was butchered and

>> he was butchered and
murdered.

Murdered.
>> Many people proclaim their

>> many people proclaim their
innocence.

Innocence.
>> In this case, there's a

>> in this case, there's a
number of things that stink.

Number of things that stink.
>> This man was remorseless.

>> This man was remorseless.
>> He needs to pay for it with

>> he needs to pay for it with
his life.

His life.
>> The electric chair flashed in

>> the electric chair flashed in
front of my eyes.

Front of my eyes.
>> Get a conviction at all

>> get a conviction at all
costs.

Costs.
Let the truth fall where it may.

Let the truth fall where it may.
>> Cleveland is like a big small

>> Cleveland is like a big small
town.

Town.
We have like one of everything

we have like one of everything
you need.

You need.
Little Italy has the houses

little Italy has the houses
almost stacked on top of each

almost stacked on top of each
other so close.

Other so close.
And it seems like everybody

and it seems like everybody
knows somebody that knows

knows somebody that knows
somebody.

Somebody.
So, for this to happen in little

so, for this to happen in little
Italy --

Italy --
it was a horrible crime in the

it was a horrible crime in the
sense that it is a tight-knit

sense that it is a tight-knit
about community where things

about community where things
don't happen like that.

Don't happen like that.
>> At 1:30 on Saturday,

>> at 1:30 on Saturday,
September 24th, 1988, a jogger

September 24th, 1988, a jogger
noticed something floating in

noticed something floating in
doan creek, a narrow waterway

doan creek, a narrow waterway
that twists through rockefeller

that twists through rockefeller
park in Cleveland, Ohio.

Park in Cleveland, Ohio.
>> The case began when a jogger

>> the case began when a jogger
found the body of this poor

found the body of this poor
young victim.

Young victim.
Two other detectives handled the

two other detectives handled the
scene.

Scene.
Took a bunch of photographs,

took a bunch of photographs,
made a short report.

Made a short report.
>> Detectives noticed

>> detectives noticed
immediately that the victim's

immediately that the victim's
neck was sliced open from

neck was sliced open from
ear-to-ear.

Ear-to-ear.
The victim, a young male who

the victim, a young male who
appeared to be in his early 20s,

appeared to be in his early 20s,
also had three stab wounds in

also had three stab wounds in
his chest and small cuts to his

his chest and small cuts to his
wrist and elbow.

Wrist and elbow.
He was wearing no shoes and the

he was wearing no shoes and the
only thing on him was $7, found

only thing on him was $7, found
in his pocket.

In his pocket.
No weapons or blood were found

no weapons or blood were found
at the scene.

At the scene.
>> The young man remained

>> the young man remained
unidentified because he had no

unidentified because he had no
identification on him.

Identification on him.
>> With no leads police were

>> with no leads police were
baffled by the case until two

baffled by the case until two
days after the body was found

days after the body was found
when they received a mysterious

when they received a mysterious
phone call from a man who

phone call from a man who
claimed to have knowledge of the

claimed to have knowledge of the
crime.

Crime.
Police asked if the caller could

police asked if the caller could
come in to help I.D. The body.

Come in to help I.D. The body.
That morning, homicide detective

that morning, homicide detective
Leo Allen was at the morgue

Leo Allen was at the morgue
working on another case.

Working on another case.
>> I got notified by the morgue

>> I got notified by the morgue
personnel that a man was there

personnel that a man was there
who thought he could identify

who thought he could identify
the young man that was found on

the young man that was found on
Saturday.

Saturday.
And that's how we got started.

And that's how we got started.
>> The man who came to the

>> the man who came to the
morgue was Paul Lewis, widely

morgue was Paul Lewis, widely
known by his nickname stoney

known by his nickname stoney
apparently because of his

apparently because of his
affinity for being high.

Affinity for being high.
Stony identified the victim as

stony identified the victim as
his upstairs neighbor, Tony

his upstairs neighbor, Tony
klann.

Klann.
>> Tony klann was 19.

>> Tony klann was 19.
Only a year earlier he had left

only a year earlier he had left
home.

Home.
His father told me he had

his father told me he had
written a note in which he said

written a note in which he said
I emancipated myself.

I emancipated myself.
This was a young man searching

this was a young man searching
for his own identity.

For his own identity.
>> Stony Lewis had last seen

>> stony Lewis had last seen
Tony on Saturday night, drinking

Tony on Saturday night, drinking
at a bar called coconut Joe's.

At a bar called coconut Joe's.
Tony was with three co-workers,

Tony was with three co-workers,
Mike Keenan, 39, owner of a

Mike Keenan, 39, owner of a
local business called sunshine

local business called sunshine
landscaping, Eddie espinoza, 26,

landscaping, Eddie espinoza, 26,
the company's foreman, and

the company's foreman, and
another part-time employee.

Another part-time employee.
27-year-old Joe d'ambrosio.

27-year-old Joe d'ambrosio.
Stoney Lewis said before he left

stoney Lewis said before he left
the bar he saw a series of

the bar he saw a series of
heated arguments between Toby

heated arguments between Toby
and Eddie espinoza, with

and Eddie espinoza, with
espinoza pushing Tony around and

espinoza pushing Tony around and
threatening him.

Threatening him.
According to stoney, that was

according to stoney, that was
just the beginning.

Just the beginning.
>> A couple witnesses were

>> a couple witnesses were
sleeping at 3:00 Friday night,

sleeping at 3:00 Friday night,
early Saturday morning.

Early Saturday morning.
And they were awakened by loud

and they were awakened by loud
noises, yelling.

Noises, yelling.
And they saw Joe, Mike and Eddie

and they saw Joe, Mike and Eddie
banging on doors, looking for

banging on doors, looking for
Paul Lewis.

Paul Lewis.
And they had Tony klann in the

and they had Tony klann in the
truck.

Truck.
>> Apparently Mike keane nan,

>> apparently Mike keane nan,
Eddie espinoza and Eddie were

Eddie espinoza and Eddie were
convinced that stony Lewis had

convinced that stony Lewis had
stolen drugs from them, and they

stolen drugs from them, and they
were forcing Tony klann to lead

were forcing Tony klann to lead
them to stony.

Them to stony.
>> Tony had been crying.

>> Tony had been crying.
He looked like he had been beat

he looked like he had been beat
a little bit.

A little bit.
And they saw Joe d'ambrosio with

and they saw Joe d'ambrosio with
a knife to his throat.

A knife to his throat.
This was at 3:00 in the morning.

This was at 3:00 in the morning.
Saturday morning.

Saturday morning.
>> Stoney Lewis' story was all

>> stoney Lewis' story was all
detectives needed to hear.

Detectives needed to hear.
>> We went up into Cleveland

>> we went up into Cleveland
heights and took five Cleveland

heights and took five Cleveland
heights policemen with US.

Heights policemen with US.
And we went to Joe d'ambrosio's

and we went to Joe d'ambrosio's
apartment.

Apartment.
1732 coventry road.

1732 coventry road.
>> Eddie espinoza answered the

>> Eddie espinoza answered the
door and was placed under

door and was placed under
arrest.

Arrest.
Next police searched for Joe.

Next police searched for Joe.
>> First thing in the morning,

>> first thing in the morning,
the cops break in.

The cops break in.
I'm all the way in the back in

I'm all the way in the back in
the bathroom sitting on the

the bathroom sitting on the
toilet.

Toilet.
All I see is the door fling open

all I see is the door fling open
and I see two guys in plain

and I see two guys in plain
clothes with guns pointing at

clothes with guns pointing at
me.

Me.
And I'm like, what the heck is

and I'm like, what the heck is
this?

This?
>> Even without a warrant,

>> even without a warrant,
police search Joe's apartment.

Police search Joe's apartment.
>> We did.

>> We did.
We recovered three large knives

we recovered three large knives
and several other smaller items,

and several other smaller items,
some clothing, and we

some clothing, and we
confiscated all kinds of stuff

confiscated all kinds of stuff
that we found there.

That we found there.
>> A black pickup truck later

>> a black pickup truck later
determined to belong to Mike

determined to belong to Mike
Keenan, was parked in the

Keenan, was parked in the
driveway and impounded by

driveway and impounded by
police.

Police.
Mike Keenan was arrested the

Mike Keenan was arrested the
following day.

Following day.
From there, things moved fast.

From there, things moved fast.
At the station, Eddie espinoza

at the station, Eddie espinoza
immediately began talking.

Immediately began talking.
>> Eddie espinoza told a story

>> Eddie espinoza told a story
about Mike Keenan and Joe

about Mike Keenan and Joe
d'ambrosio forcing Tony klann

d'ambrosio forcing Tony klann
into Mike keane nan's pickup

into Mike keane nan's pickup
truck.

Truck.
They went around for stoney

they went around for stoney
Lewis.

Lewis.
Stoney Lewis couldn't be found.

Stoney Lewis couldn't be found.
And evidently in frustration

and evidently in frustration
decided to kill Tony klann.

Decided to kill Tony klann.
>> Eddie's story is that they

>> Eddie's story is that they
drove down by doan creek.

Drove down by doan creek.
Mike keane nan, the driver, got

Mike keane nan, the driver, got
out of the truck.

Out of the truck.
He was standing behind Anthony

he was standing behind Anthony
saying where is stony, where is

saying where is stony, where is
stony and he kept saying I don't

stony and he kept saying I don't
know where he is.

Know where he is.
Keenan says put your head back.

Keenan says put your head back.
And that's when he come out with

and that's when he come out with
an 11-inch hunting knife and

an 11-inch hunting knife and
solicit his throat.

Solicit his throat.
Pushed him into the creek and

pushed him into the creek and
told Joe d'ambrosio, finish the

told Joe d'ambrosio, finish the
job.

Job.
>> At this point, espinoza said

>> at this point, espinoza said
he heard Tony screaming for

he heard Tony screaming for
mercy, crying out, please don't

mercy, crying out, please don't
kill me.

Kill me.
>> Joe grabbed the knife.

>> Joe grabbed the knife.
Jumped into the creek, and put

jumped into the creek, and put
three big holes in that boy's

three big holes in that boy's
chest and killed him.

Chest and killed him.
That's Eddie espinoza's story.

That's Eddie espinoza's story.
My partner and I both felt that

my partner and I both felt that
this man was telling US the

this man was telling US the
truth.

Truth.
>> Based mainly on espinoza's

>> based mainly on espinoza's
account, police charged them

account, police charged them
with aggravated murder.

With aggravated murder.
Each would face the death

each would face the death
penalty.

Penalty.
Joe's court-appointed lawyer

Joe's court-appointed lawyer
convinced him to waive his right

convinced him to waive his right
to a jury trial.

To a jury trial.
>> I haven't a clue of the law.

>> I haven't a clue of the law.
So whatever they said, I did.

So whatever they said, I did.
>> The prosecution was handled

>> the prosecution was handled
by a tough veteran litigator

by a tough veteran litigator
named Carmen Marino.

Named Carmen Marino.
>> On this case from my

>> on this case from my
standpoint, it was a job well

standpoint, it was a job well
done by the police officers.

Done by the police officers.
They investigated a good case

they investigated a good case
and brought in good witnesses.

And brought in good witnesses.
There was nothing in this case

there was nothing in this case
that I had to do that the police

that I had to do that the police
didn't already do.

Didn't already do.
That's rare.

That's rare.
>> At trial, the state's case

>> at trial, the state's case
hinged on Eddie espinoza's

hinged on Eddie espinoza's
eyewitness account of the murder

eyewitness account of the murder
and the testimony of stoney

and the testimony of stoney
Lewis.

Lewis.
To defend himself, Joe took

to defend himself, Joe took
the stand, but his only alibi

the stand, but his only alibi
was that he was home alone

was that he was home alone
sleeping.

Sleeping.
>> The prosecutor just tore me

>> the prosecutor just tore me
apart.

Apart.
You know.

You know.
My attorneys did absolutely

my attorneys did absolutely
nothing and that was it.

Nothing and that was it.
The case was over.

The case was over.
They found me guilty of this

they found me guilty of this
crime.

Crime.
>> Joe was sentenced to death.

>> Joe was sentenced to death.
>> My trial was the shortest

>> my trial was the shortest
death penalty trial in Ohio's

death penalty trial in Ohio's
history.

History.
2 3/4 days.

2 3/4 days.
From let's start to you die.

From let's start to you die.
That's how fast it was.

That's how fast it was.
>> Mike Keenan also received the

>> Mike Keenan also received the
death penalty.

Death penalty.
Eddie espinoza got 15 years.

Eddie espinoza got 15 years.
In march 1989, Joe d'ambrosio

in march 1989, Joe d'ambrosio
arrived on death row at

arrived on death row at
lucasville prison in southern

lucasville prison in southern
Ohio.

Ohio.
He maintained his innocence.

He maintained his innocence.
>> It's a nightmare.

>> It's a nightmare.
It's got to be a nightmare, and

it's got to be a nightmare, and
I have to wake up, I really,

I have to wake up, I really,
really do.

Really do.
And you don't wake up.

And you don't wake up.
And it just goes on.

And it just goes on.
No matter who I wrote and how

no matter who I wrote and how
much I begged, no one listens to

much I begged, no one listens to
a convicted murderer.

A convicted murderer.
They all say they didn't do it.

They all say they didn't do it.
>>> In the fall of 1998, ten

>>> in the fall of 1998, ten
years after Joe d'ambrosio was

years after Joe d'ambrosio was
convicted of murder and

convicted of murder and
sentenced to death his mother

sentenced to death his mother
passed away.

Passed away.
Joe was not allowed to leave

Joe was not allowed to leave
death row.

Death row.
So a catholic priest and former

so a catholic priest and former
lawyer named Neil kookoothe

lawyer named Neil kookoothe
decided to attend her funeral on

decided to attend her funeral on
Joe's behalf.

Joe's behalf.
>> I asked the corrections

>> I asked the corrections
officers, would you let me talk

officers, would you let me talk
with Joe for just a few minutes

with Joe for just a few minutes
so that I can walk him through

so that I can walk him through
his mother's funeral.

His mother's funeral.
While Joe was very appreciative

while Joe was very appreciative
of it, it was obvious that my

of it, it was obvious that my
goal for that meeting and his

goal for that meeting and his
goal were not the same.

Goal were not the same.
>> I'm like man, a real

>> I'm like man, a real
human being I can talk to.

Human being I can talk to.
I need help.

I need help.
Nobody will help me.

Nobody will help me.
I didn't do this.

I didn't do this.
>> I was very resistant to doing

>> I was very resistant to doing
that.

That.
I knew these death row cases

I knew these death row cases
were immense cases.

Were immense cases.
5, 10, 15 volumes long.

5, 10, 15 volumes long.
>> No, it's one volume big.

>> No, it's one volume big.
That's all it is.

That's all it is.
>> One volume?

>> One volume?
>> That's where the attorney of

>> that's where the attorney of
him kicked in.

Him kicked in.
>> I was just stunned that a man

>> I was just stunned that a man
could be brought to trial for

could be brought to trial for
his life and be convicted in the

his life and be convicted in the
amount of space it took to

amount of space it took to
record that event was in one

record that event was in one
volume.

Volume.
So, I thought, whoa.

So, I thought, whoa.
Something is not right.

Something is not right.
>> In addition to being a priest

>> in addition to being a priest
and a lawyer, Neil was a

and a lawyer, Neil was a
registered nurse with 15 years

registered nurse with 15 years
experience in critical care.

Experience in critical care.
>> It's one of those like, if

>> it's one of those like, if
you're a believer, it's a god

you're a believer, it's a god
moment.

Moment.
A priest who was an r.N. And an

a priest who was an r.N. And an
attorney.

Attorney.
Where did that come from?

Where did that come from?
And he shows up right at Joe's

and he shows up right at Joe's
cell.

Cell.
>> The thing that struck me

>> the thing that struck me
right away was the coroner's

right away was the coroner's
testimony.

Testimony.
Anthony klann had sustained a

Anthony klann had sustained a
very significant and deep neck

very significant and deep neck
wound from ear to ear.

Wound from ear to ear.
That neck wound opened up two

that neck wound opened up two
large holes in Anthony's

large holes in Anthony's
trachea.

Trachea.
>> But at trial, the state

>> but at trial, the state
eyewitness Eddie espinoza said

eyewitness Eddie espinoza said
he heard Tony klann scream for

he heard Tony klann scream for
mercy after his super lotto had

mercy after his super lotto had
been split.

Been split.
>> I work with trachea patients

>> I work with trachea patients
every day.

Every day.
I know, if you can find the hole

I know, if you can find the hole
in your trachea, you can plug it

in your trachea, you can plug it
perhaps, you might be able to

perhaps, you might be able to
make a noise.

Make a noise.
It might sound something like

it might sound something like
this.

This.
So there is no way that Anthony

so there is no way that Anthony
klann could be running down a

klann could be running down a
creek bed trying to plug two

creek bed trying to plug two
holes in his trachea so he can

holes in his trachea so he can
scream for his life.

Scream for his life.
>> After visiting the crime

>> after visiting the crime
scene, father Neil had other

scene, father Neil had other
suspicions about espinoza's

suspicions about espinoza's
testimony.

Testimony.
>> Joe supposedly grabs the

>> Joe supposedly grabs the
knife and goes after Anthony in

knife and goes after Anthony in
the creek bed, stabbing him.

The creek bed, stabbing him.
And yet there were no tire

and yet there were no tire
tracks or anything on the side

tracks or anything on the side
of the creek.

Of the creek.
And soy thought whoa,

and soy thought whoa,
something's not right here.

Something's not right here.
>> Neil believed espinoza had to

>> Neil believed espinoza had to
be lying.

Be lying.
But a witness who was lying did

but a witness who was lying did
not necessarily mean Joe was

not necessarily mean Joe was
telling the truth.

Telling the truth.
Neil needed to know more about

Neil needed to know more about
Joe's background.

Joe's background.
>> Joe's father died when he was

>> Joe's father died when he was
17 years old.

17 years old.
Joe is the only boy in the

Joe is the only boy in the
family.

Family.
So his father's death was very

so his father's death was very
traumatic for him.

Traumatic for him.
>> I had to become the bread

>> I had to become the bread
winner.

Winner.
And as soon as I graduated I

and as soon as I graduated I
went right into the military.

Went right into the military.
I was what they call a shade

I was what they call a shade
tree mechanic.

Tree mechanic.
I worked on everything from a

I worked on everything from a
Jeep all the way up to a 35,000

Jeep all the way up to a 35,000
k.W. Generate they're used to

k.w. Generate they're used to
launch missiles.

Launch missiles.
I loved it.

I loved it.
>> Joe worked his way up to

>> Joe worked his way up to
sergeant and was honorably

sergeant and was honorably
discharged.

Discharged.
But when he returned to the

but when he returned to the
distressed economy of 1980s rust

distressed economy of 1980s rust
belt Cleveland, Joe couldn't

belt Cleveland, Joe couldn't
find work.

Find work.
>> He thought he was a certified

>> he thought he was a certified
mechanic.

Mechanic.
I don't know what certification

I don't know what certification
is in the military.

Is in the military.
But people were telling him,

but people were telling him,
you're not a certified mechanic.

You're not a certified mechanic.
>> In the spring of 1988, Joe

>> in the spring of 1988, Joe
moved into a basement apartment

moved into a basement apartment
near little Italy.

Near little Italy.
>> He lived in the coventry area

>> he lived in the coventry area
which at the time was something

which at the time was something
a lot of 20-somethings did.

A lot of 20-somethings did.
They were blue-collar workers

they were blue-collar workers
and they partied a lot.

And they partied a lot.
>> I wasn't an angel.

>> I wasn't an angel.
I drank.

I drank.
I drank like a fish.

I drank like a fish.
Right across the street from

right across the street from
where I was living was a bar

where I was living was a bar
called the saloon.

Called the saloon.
And I was in there throwing

and I was in there throwing
darts one day and ed espinoza,

darts one day and ed espinoza,
the foreman from Keenan, came in

the foreman from Keenan, came in
and threw out a general

and threw out a general
question.

Question.
Who needs a job?

Who needs a job?
And he hired me as a landscaper

and he hired me as a landscaper
plus home repair work.

Plus home repair work.
I started work the next day,

I started work the next day,
September 1st.

September 1st.
September 26th, I'm sitting in

September 26th, I'm sitting in
jail.

Jail.
>> In contrast to Joe's story,

>> in contrast to Joe's story,
Neil discovered that the man who

Neil discovered that the man who
put Joe on death row, Eddie

put Joe on death row, Eddie
espinoza, had a very checkered

espinoza, had a very checkered
past.

Past.
>> Eddie espinoza was someone

>> Eddie espinoza was someone
who, in court, admitted that he

who, in court, admitted that he
was an alcoholic.

Was an alcoholic.
Also a drug abuser, a welfare

also a drug abuser, a welfare
cheat, he was someone who was

cheat, he was someone who was
known to drink a 12-pack of

known to drink a 12-pack of
beer, would follow that up with

beer, would follow that up with
snorting cocaine and then follow

snorting cocaine and then follow
that one Tequila shots.

That one Tequila shots.
But Eddie espinoza had agreed to

but Eddie espinoza had agreed to
a plea deal with prosecutors.

A plea deal with prosecutors.
And so his story became the

and so his story became the
prevailing narrative.

Prevailing narrative.
>> There is absolutely no motive

>> there is absolutely no motive
here that would impel Joe

here that would impel Joe
d'ambrosio to inflict harm upon

d'ambrosio to inflict harm upon
Anthony klann.

Anthony klann.
>> Given what he had learned so

>> given what he had learned so
far, Neil was feeling that

far, Neil was feeling that
something had gone terribly

something had gone terribly
wrong in the police

wrong in the police
investigation of Tony klann's

investigation of Tony klann's
murder.

Murder.
>> Stoney Lewis points his

>> stoney Lewis points his
fingers and they stop focusing

fingers and they stop focusing
on any other person or any other

on any other person or any other
circumstances that might

circumstances that might
literally take them away from

literally take them away from
their case solved.

Their case solved.
>> Remember, they had this crime

>> remember, they had this crime
solved, according to them,

solved, according to them,
within a day.

Within a day.
And so the investigation was

and so the investigation was
only to gather evidence to

only to gather evidence to
support a theory that they

support a theory that they
already had.

Already had.
>> But if Joe was indeed an

>> but if Joe was indeed an
innocent man on death row, Neil

innocent man on death row, Neil
would have to figure out how to

would have to figure out how to
prove it.

>>> I was so angry when I got
locked up.

Locked up.
I couldn't understand how this

I couldn't understand how this
could happen.

Could happen.
I must have been angry for

I must have been angry for
months.

Months.
And then, one day, I was like,

and then, one day, I was like,
you know what?

You know what?
I'm sick and tired of this.

I'm sick and tired of this.
I have to start learning the

I have to start learning the
law.

Law.
I knew if I went back for a

I knew if I went back for a
retrial, I can prove that I

retrial, I can prove that I
didn't do this.

Didn't do this.
>> As father Neil kookoothe

>> as father Neil kookoothe
looked into Joe d'ambrosio's

looked into Joe d'ambrosio's
case, he became suspicious that

case, he became suspicious that
prosecutors had not told Joe's

prosecutors had not told Joe's
defense team everything they

defense team everything they
knew about the murder of Tony

knew about the murder of Tony
klann.

Klann.
>> I felt from the neck wound to

>> I felt from the neck wound to
the scene at the crime, it

the scene at the crime, it
seemed like at every other turn

seemed like at every other turn
there was more that was being

there was more that was being
discovered.

Discovered.
>> Neil was also shocked to

>> Neil was also shocked to
learn that in 1988, Ohio law did

learn that in 1988, Ohio law did
not require the state

not require the state
authorities to share all their

authorities to share all their
evidence with defendants.

Evidence with defendants.
>> What would happen back in

>> what would happen back in
those days is that the

those days is that the
prosecutor would look at their

prosecutor would look at their
files and they would determine

files and they would determine
what to hand over or to reveal

what to hand over or to reveal
to the defense attorneys and

to the defense attorneys and
that's what they would get.

That's what they would get.
>> The sixth amendment protects

>> the sixth amendment protects
your right to an attorney.

Your right to an attorney.
The right is no good if the

the right is no good if the
attorney doesn't have the

attorney doesn't have the
information.

Information.
>> In addition to Ohio's

>> in addition to Ohio's
draconian discovery laws, Neil

draconian discovery laws, Neil
would also learn that the

would also learn that the
prosecutor in Joe's case, Carmen

prosecutor in Joe's case, Carmen
Marino had his own controversial

Marino had his own controversial
reputation.

Reputation.
>> With Carmen Marino, there

>> with Carmen Marino, there
were ten cases where he had been

were ten cases where he had been
reprimanded by the courts.

Reprimanded by the courts.
I summarized it as cheating to

I summarized it as cheating to
win.

Win.
Get a conviction at all costs

get a conviction at all costs
seemed to be the approach.

Seemed to be the approach.
And let the truth fall where it

and let the truth fall where it
may.

May.
>> In fact, in the Tony klann

>> in fact, in the Tony klann
murder case, Marino was cited by

murder case, Marino was cited by
the Ohio supreme court for

the Ohio supreme court for
prosecutorial misconduct in the

prosecutorial misconduct in the
trial of Joe's co-defendant,

trial of Joe's co-defendant,
Mike Keenan.

Mike Keenan.
>> I gave a good closing

>> I gave a good closing
argument.

Argument.
And I ended by taking this big

and I ended by taking this big
bully knife.

Bully knife.
And stabbing it in the evidence

and stabbing it in the evidence
desk.

Desk.
That's the prosecutorial

that's the prosecutorial
misconduct that was alleged.

Misconduct that was alleged.
My argument was you're

my argument was you're
criticizing me for stabbing this

criticizing me for stabbing this
knife in the desk when that was

knife in the desk when that was
the knife that slashed this

the knife that slashed this
kid's throat when they murdered

kid's throat when they murdered
him.

Him.
I said you think that's the

I said you think that's the
balance that should overturn the

balance that should overturn the
case?

Case?
Well, it was.

Well, it was.
>> Because of Marino's antics,

>> because of Marino's antics,
Mike Keenan received a new

Mike Keenan received a new
trial.

Trial.
But once again he was convicted

but once again he was convicted
and received a death sentence.

And received a death sentence.
By 2001 Joe d'ambrosio had been

by 2001 Joe d'ambrosio had been
on death row for over 12 years.

On death row for over 12 years.
His state appeals had all been

his state appeals had all been
rejected.

Rejected.
His execution could come at any

his execution could come at any
time.

Time.
>> Our legal system is just

>> our legal system is just
designed to make it very, very

designed to make it very, very
difficult to prove that someone

difficult to prove that someone
did not commit a crime after

did not commit a crime after
they've already been convicted.

They've already been convicted.
You're talking, the most up-hill

you're talking, the most up-hill
of up-hill battles.

Of up-hill battles.
>> Father Neil was desperate to

>> father Neil was desperate to
help prove Joe's innocence.

Help prove Joe's innocence.
In order to get a new trial they

in order to get a new trial they
had to find new evidence.

Had to find new evidence.
So Neil took a new approach.

So Neil took a new approach.
>> I thought, one of the things

>> I thought, one of the things
I need to do to get help is

I need to do to get help is
media attention.

Media attention.
One of the first media outlets

one of the first media outlets
that I got was "the Cleveland

that I got was "the Cleveland
scene" magazine.

Scene" magazine.
>> Neil kookoothe came into the

>> Neil kookoothe came into the
office a couple weeks after I

office a couple weeks after I
joined the staff.

Joined the staff.
Neil didn't oversell what he

Neil didn't oversell what he
believed to be Joe's case of

believed to be Joe's case of
actual innocence.

Actual innocence.
He came to me with pieces of the

he came to me with pieces of the
case that he felt were

case that he felt were
questionable.

Questionable.
>> He interviewed dozens of

>> he interviewed dozens of
witnesses and discovered

witnesses and discovered
information that Joe's defense

information that Joe's defense
didn't have at trial.

Didn't have at trial.
>> I got in touch with the two

>> I got in touch with the two
detectives who first responded

detectives who first responded
to this case.

To this case.
And confirmed my instinct that

and confirmed my instinct that
there was more to the story than

there was more to the story than
had previously been told.

Had previously been told.
The human body holds eight to

the human body holds eight to
ten pints of blood.

Ten pints of blood.
When Tony's body was found, he

when Tony's body was found, he
had two pints of blood left.

Had two pints of blood left.
Yet, there was no blood or

yet, there was no blood or
forensic evidence of any kind

forensic evidence of any kind
along the river bank.

Along the river bank.
Based in part on that, the two

based in part on that, the two
detectives were adamant that

detectives were adamant that
Tony klann had been murdered

Tony klann had been murdered
elsewhere, not at the river bank

elsewhere, not at the river bank
as Eddie espinoza had claimed.

As Eddie espinoza had claimed.
If the location of the murder is

if the location of the murder is
different from what the key

different from what the key
prosecution witness is claiming,

prosecution witness is claiming,
that's a pretty big discrepancy.

That's a pretty big discrepancy.
But the lead detective on the

but the lead detective on the
case, Leo Allen, did not visit

case, Leo Allen, did not visit
the river bank until four or

the river bank until four or
five days after the murder.

Five days after the murder.
>> We're involved in other

>> we're involved in other
cases.

Cases.
Not the only case we have.

Not the only case we have.
My goodness.

My goodness.
We've got all kinds of work to

we've got all kinds of work to
do.

Do.
So, there was no reason for my

so, there was no reason for my
partner and I to go back there

partner and I to go back there
to see what we could see.

To see what we could see.
We did go back there just to see

we did go back there just to see
where the heck it happened.

Where the heck it happened.
>> The two original detectives

>> the two original detectives
were never called to testify at

were never called to testify at
Joe's trial.

Joe's trial.
>> The prosecutor suggested a

>> the prosecutor suggested a
defense trial counsel that they

defense trial counsel that they
didn't need to talk to anybody

didn't need to talk to anybody
else except detective Allen,

else except detective Allen,
which is pretty suspicious

which is pretty suspicious
conduct, trying to keep the

conduct, trying to keep the
views of the officers first on

views of the officers first on
the scene away from defense

the scene away from defense
counsel.

Counsel.
>> He also reported about the

>> he also reported about the
lack of physical evidence in the

lack of physical evidence in the
case.

Case.
>> You had no forensic evidence,

>> you had no forensic evidence,
blood, tissue, hair, on the

blood, tissue, hair, on the
knife that was supposedly used

knife that was supposedly used
that killed Tony klann.

That killed Tony klann.
You had no blood that was found

you had no blood that was found
in the pickup truck.

In the pickup truck.
You had no blood on Mike

you had no blood on Mike
Keenan's clothes or Joe

Keenan's clothes or Joe
d'ambrosio's clothes.

D'ambrosio's clothes.
That's a lot of question marks.

That's a lot of question marks.
>> The article also highlighted

>> the article also highlighted
a discrepancy in Eddie

a discrepancy in Eddie
espinoza's story about which

espinoza's story about which
night the murder took place.

Night the murder took place.
>> There were question marks

>> there were question marks
about when the murder occurred,

about when the murder occurred,
whether it was Thursday night or

whether it was Thursday night or
Friday night.

Friday night.
Tony klann had been with Mike

Tony klann had been with Mike
keane nan and Joe d'ambrosio for

keane nan and Joe d'ambrosio for
a short time.

A short time.
A manager had told me, he

a manager had told me, he
remembered those guys being

remembered those guys being
there Thursday night when the

there Thursday night when the
bar held its Tequila shot night.

Bar held its Tequila shot night.
But not on Friday night.

But not on Friday night.
>> But late Friday night was

>> but late Friday night was
when the state had argued the

when the state had argued the
murder took place.

Murder took place.
>> There's evidence of testimony

>> there's evidence of testimony
that they're all drinking

that they're all drinking
Thursday night.

Thursday night.
And the state tried to take two

and the state tried to take two
days and put them into one.

Days and put them into one.
>> How can you, based on that

>> how can you, based on that
information convict two men and

information convict two men and
sentence them to die?

Sentence them to die?
>> The article was a turning

>> the article was a turning
point in Joe's case.

Point in Joe's case.
>> It was the seminal story that

>> it was the seminal story that
began to unravel things and to

began to unravel things and to
cause people to look deeper.

Cause people to look deeper.
>> But the most explosive

>> but the most explosive
bombshell would come from kuz's

bombshell would come from kuz's
conversation with Tony klann's

conversation with Tony klann's
father, Richard.

Father, Richard.
Someone the police had neglected

someone the police had neglected
to thoroughly interview.

To thoroughly interview.
>> He shared something with me

>> he shared something with me
that I heard no one else

that I heard no one else
mention.

Mention.
>>> As journalist Martin kuz was

>>> as journalist Martin kuz was
researching his article about

researching his article about
death row inmate Joe d'ambrosio,

death row inmate Joe d'ambrosio,
he was finally able to make

he was finally able to make
contact with murder victim's

contact with murder victim's
father, Richard.

Father, Richard.
>> Richard and I spoke on the

>> Richard and I spoke on the
phone.

Phone.
It was a long conversation.

It was a long conversation.
By time we actually finished, I

by time we actually finished, I
was the last person in the

was the last person in the
office.

Office.
>> Richard klann gave kuz a

>> Richard klann gave kuz a
Fuller portrait of his son,

Fuller portrait of his son,
Tony, who along with his sister

Tony, who along with his sister
had been adopted.

Had been adopted.
>> They had been into foster

>> they had been into foster
homes a couple of times.

Homes a couple of times.
So we did everything we could to

so we did everything we could to
help the kids be comfortable and

help the kids be comfortable and
safe where we lived.

Safe where we lived.
>> Growing up, a learning

>> growing up, a learning
disability had made things

disability had made things
difficult for Tony.

Difficult for Tony.
>> Because of all the teasing

>> because of all the teasing
and the other things that went

and the other things that went
on in his early life, he did not

on in his early life, he did not
fit in real well.

Fit in real well.
>> Tony barely finished high

>> Tony barely finished high
school.

School.
In late August 1988, he told his

in late August 1988, he told his
dad he wanted to start a lawn

dad he wanted to start a lawn
mowing business.

Mowing business.
>> I was going to help him with

>> I was going to help him with
that.

That.
I was going to help him get a

I was going to help him get a
truck.

Truck.
Well, he never called me that

well, he never called me that
weekend.

Weekend.
And I found out on Monday that

and I found out on Monday that
he had been killed on Friday.

He had been killed on Friday.
It was the coldest day in my

it was the coldest day in my
life.

Life.
>> As we covered all this

>> as we covered all this
ground, he shared something with

ground, he shared something with
me that I had heard no one else

me that I had heard no one else
mention.

Mention.
He said that Tony klann had told

he said that Tony klann had told
him, Richard, that he had

him, Richard, that he had
witnessed a rape in the

witnessed a rape in the
apartment building where he

apartment building where he
lived.

Lived.
>> I understood that there was

>> I understood that there was
going to be a trial and Tony was

going to be a trial and Tony was
going to be a witness for that.

Going to be a witness for that.
>> After we hung up, I felt like

>> after we hung up, I felt like
I needed to share that

I needed to share that
information with Neil.

Information with Neil.
>> Martin told me that.

>> Martin told me that.
And I went down to the justice

and I went down to the justice
center.

Center.
I pulled Anthony klann's file.

I pulled Anthony klann's file.
And I discovered that he indeed

and I discovered that he indeed
had witnessed a rape and that

had witnessed a rape and that
the rape victim was a young man

the rape victim was a young man
by the name of Christopher

by the name of Christopher
longenecker.

Longenecker.
You don't really hear about male

you don't really hear about male
on male rape all that often.

On male rape all that often.
To me that suggests a whole

to me that suggests a whole
other degree of violence.

Other degree of violence.
But then it went a step further

but then it went a step further
because it was that the man who

because it was that the man who
had been arrested for the rape

had been arrested for the rape
was stoney Lewis.

Was stoney Lewis.
>> The same stoney Lewis who had

>> the same stoney Lewis who had
first tipped off police that

first tipped off police that
Joe, Keenan and espinoza might

Joe, Keenan and espinoza might
be the ones responsible for

be the ones responsible for
Tony's murder.

Tony's murder.
>> My heart just dropped into

>> my heart just dropped into
the pit of my stomach.

The pit of my stomach.
And I'm thinking, my god,

and I'm thinking, my god,
the deceased in this case has

the deceased in this case has
witnessed a rape.

Witnessed a rape.
And the rapist is the man who is

and the rapist is the man who is
pointing his finger at other

pointing his finger at other
men.

Men.
>> But if Neil was able to

>> but if Neil was able to
connect these two cases in an

connect these two cases in an
afternoon, why hadn't police and

afternoon, why hadn't police and
prosecutors done the same?

Prosecutors done the same?
>> The prosecutor of Joe's case

>> the prosecutor of Joe's case
was Carmen Marino.

Was Carmen Marino.
It turned out that the

it turned out that the
prosecutor of the rape case was

prosecutor of the rape case was
Carmen Marino.

Carmen Marino.
At the same time.

At the same time.
So it doesn't take too much to

so it doesn't take too much to
ask that you put two and two

ask that you put two and two
together.

Together.
>> Yeah, I didn't see any

>> yeah, I didn't see any
connection.

Connection.
Who would murder him for what

who would murder him for what
reason?

Reason?
Contrary to what you may hear,

contrary to what you may hear,
it is truly extraordinary that

it is truly extraordinary that
someone would murder another

someone would murder another
witness to keep them from

witness to keep them from
testifying.

Testifying.
>> But to Joe d'ambrosio's

>> but to Joe d'ambrosio's
defense team, it seemed very

defense team, it seemed very
connected.

Connected.
>> Tony klann was the only

>> Tony klann was the only
eyewitness called by either side

eyewitness called by either side
for that trial.

For that trial.
The only eyewitness suddenly

the only eyewitness suddenly
ends up killed and the case goes

ends up killed and the case goes
away.

Away.
To US, that was a far better

to US, that was a far better
motive and opportunity than the

motive and opportunity than the
prosecution had theorized.

Prosecution had theorized.
>> In order to prove their

>> in order to prove their
theory, Joe's team would need to

theory, Joe's team would need to
interview the alleged rape

interview the alleged rape
victim.

Victim.
But Chris longenecker had

but Chris longenecker had
vanished without a trace.

Vanished without a trace.
The new discoveries in Joe's

the new discoveries in Joe's
case caught the attention of one

case caught the attention of one
of the most prominent law firms

of the most prominent law firms
in town, Jones day, which agreed

in town, Jones day, which agreed
to fight for Joe on a pro bono

to fight for Joe on a pro bono
basis.

Basis.
>> It was like night and day.

>> It was like night and day.
It went from I have two appeals

it went from I have two appeals
left and then they're going to

left and then they're going to
murder me to now I have Neil and

murder me to now I have Neil and
all these resources from the

all these resources from the
world's third-largest law firm

world's third-largest law firm
backing me up.

Backing me up.
>> Armed with the fact that

>> armed with the fact that
prosecutor Carmen Marino had

prosecutor Carmen Marino had
withheld information, Joe's team

withheld information, Joe's team
submitted a sweeping discovery

submitted a sweeping discovery
request to the federal district

request to the federal district
court.

Court.
>> To me, it seemed like a

>> to me, it seemed like a
logical question.

Logical question.
What else is in there?

What else is in there?
>> Meanwhile, the alleged

>> meanwhile, the alleged
rape victim, the only person who

rape victim, the only person who
could corroborate what Tony

could corroborate what Tony
klann had witnessed was finally

klann had witnessed was finally
located, living in Florida.

Located, living in Florida.
And it would be up to Neil to

and it would be up to Neil to
convince him to testify.

>>> 13 years after Joe
d'ambrosio had been sentenced to

d'ambrosio had been sentenced to
death, federal judge Kathleen

death, federal judge Kathleen
O'Malley finally granted Joe's

O'Malley finally granted Joe's
defense team access to all

defense team access to all
prosecutor and police files

prosecutor and police files
related to his case.

Related to his case.
>> They turned over a stack of

>> they turned over a stack of
paper like a foot and a half

paper like a foot and a half
thick.

Thick.
>> It was the first major

>> it was the first major
judgment to go Joe's way since

judgment to go Joe's way since
he had been convicted.

He had been convicted.
>> The way to get a new trial

>> the way to get a new trial
was to show a constitutional

was to show a constitutional
violation had occurred.

Violation had occurred.
In other words, the failure to

in other words, the failure to
turn over exculpatory evidence.

Turn over exculpatory evidence.
Evidence that tended to prove he

evidence that tended to prove he
was innocent.

Was innocent.
Would have mattered to a jury.

Would have mattered to a jury.
I took every page and I went

I took every page and I went
through line by line.

Through line by line.
>> Some of the most compelling

>> some of the most compelling
evidence concerns stoney Lewis,

evidence concerns stoney Lewis,
including police reports about

including police reports about
suspicious activity at stoney's

suspicious activity at stoney's
apartment the moment Tony klann

apartment the moment Tony klann
was killed.

Was killed.
>> The lady that lived next door

>> the lady that lived next door
to stoney heard a loud, violent

to stoney heard a loud, violent
argument on, get this, Saturday

argument on, get this, Saturday
morning.

Morning.
She called the police.

She called the police.
They hid that from US.

They hid that from US.
>> There's witness statements

>> there's witness statements
again in police and prosecutor

again in police and prosecutor
files.

Files.
I think it was an older couple

I think it was an older couple
said they heard someone say,

said they heard someone say,
let's dump the body in the

let's dump the body in the
basement.

Basement.
>> Joe and his lawyers believed

>> Joe and his lawyers believed
that at the very least, the

that at the very least, the
withheld evidence provided

withheld evidence provided
reasonable doubt the crime could

reasonable doubt the crime could
have happened differently than

have happened differently than
the state presented at trial.

The state presented at trial.
In July 2004, Joe's team went

in July 2004, Joe's team went
before judge O'Malley to obtain

before judge O'Malley to obtain
a new trial.

A new trial.
>> We put up all our witnesses.

>> We put up all our witnesses.
The newly discovered people, the

the newly discovered people, the
newly discovered evidence.

Newly discovered evidence.
>> By far the most powerful

>> by far the most powerful
witness at the hearing was Chris

witness at the hearing was Chris
longencker, stoney Lewis'

longencker, stoney Lewis'
alleged rape victim who had been

alleged rape victim who had been
found living in Florida.

Found living in Florida.
Neil convinced Chris his

Neil convinced Chris his
testimony could save Joe's life.

Testimony could save Joe's life.
>> I wasn't able to do anything

>> I wasn't able to do anything
for Tony because -- so, I

for Tony because -- so, I
figured, if I could help someone

figured, if I could help someone
else, then I'll do that.

Else, then I'll do that.
>> Chris, who is legally blind

>> Chris, who is legally blind
and born with a physical

and born with a physical
disability on the left side of

disability on the left side of
his body, was 22 years old and

his body, was 22 years old and
Tony klann's roommate in 1988.

Tony klann's roommate in 1988.
He told the court what happened

he told the court what happened
one evening when he was hanging

one evening when he was hanging
around with his downstairs

around with his downstairs
neighbor, stoney Lewis.

Neighbor, stoney Lewis.
>> We went back to his place to

>> we went back to his place to
hang out.

Hang out.
And decided to make something to

and decided to make something to
eat, I guess.

Eat, I guess.
And he started pressing up

and he started pressing up
against me and crap.

Against me and crap.
And I was like, dude, what the

and I was like, dude, what the
hell are you doing?

Hell are you doing?
I told him I was not into that.

I told him I was not into that.
And he was a little more

and he was a little more
threatening.

Threatening.
He started pulling my hair.

He started pulling my hair.
Some hands-on stuff.

Some hands-on stuff.
And -- and that happened and

and -- and that happened and
there was some fear issues there

there was some fear issues there
from from the fact that he had a

from from the fact that he had a
firearm in his apartment.

Firearm in his apartment.
And the whole time that I was

and the whole time that I was
being assaulted, I told him,

being assaulted, I told him,
this is not consensual.

This is not consensual.
This is rape.

This is rape.
>> Chris says just after the

>> Chris says just after the
rape, Tony klann showed up at

rape, Tony klann showed up at
stoney's apartment.

Stoney's apartment.
>> There was a knock on his

>> there was a knock on his
door.

Door.
It was Tony klann.

It was Tony klann.
Then I left when Tony left.

Then I left when Tony left.
I figured that was my way out.

I figured that was my way out.
I told him that Paul Lewis raped

I told him that Paul Lewis raped
me.

Me.
And sort of freaked out a little

and sort of freaked out a little
bit.

Bit.
And then I went to the police

and then I went to the police
department and filed a report.

Department and filed a report.
>> Soon after, stoney was arrest

>> soon after, stoney was arrest
asked indicted for reportedly

asked indicted for reportedly
raping Chris.

Raping Chris.
He spend a few weeks in jail

he spend a few weeks in jail
before being released on bond.

Before being released on bond.
But when it was time for stony's

but when it was time for stony's
pretrial hearing, Chris missed

pretrial hearing, Chris missed
the court date.

The court date.
>> And I misread the court date,

>> and I misread the court date,
or memorized the wrong date.

Or memorized the wrong date.
And so I called them.

And so I called them.
That's when they told me that I

that's when they told me that I
was a day late.

Was a day late.
And that Paul Lewis went free.

And that Paul Lewis went free.
>> After Tony's murder, Chris

>> after Tony's murder, Chris
called the police and mentioned

called the police and mentioned
the connection to the earlier

the connection to the earlier
rape case.

Rape case.
>> I never accused Paul Lewis of

>> I never accused Paul Lewis of
murdering Tony klann.

Murdering Tony klann.
I just told someone of authority

I just told someone of authority
that all the people in both

that all the people in both
cases know one another.

Cases know one another.
But I guess they paid no

but I guess they paid no
attention to that.

Attention to that.
>> When you hear Chris

>> when you hear Chris
longencker tell the story about

longencker tell the story about
what happened to him and who

what happened to him and who
Paul Lewis really is based on

Paul Lewis really is based on
that event, then you start to

that event, then you start to
imagine that this is a guy who

imagine that this is a guy who
could have orchestrated this

could have orchestrated this
type of crime.

Type of crime.
>> Following the hearing, Joe

>> following the hearing, Joe
felt good about his chances of

felt good about his chances of
getting a new trial.

Getting a new trial.
But the decision would not come

but the decision would not come
quickly.

Quickly.
>> Two years.

>> Two years.
Judge O'Malley took two years to

judge O'Malley took two years to
rule.

Rule.
>> Finally in march 2006, the

>> finally in march 2006, the
judge released her decision.

Judge released her decision.
>> She overturned my case.

>> She overturned my case.
She granted me my retrial.

She granted me my retrial.
What I've wanted all along.

What I've wanted all along.
I wanted my day in court.

I wanted my day in court.
She said, look, no reasonable

she said, look, no reasonable
jury would have convicted him if

jury would have convicted him if
it had heard this evidence.

It had heard this evidence.
>> When that ruling finally

>> when that ruling finally
comes out, I mean, such elation.

Comes out, I mean, such elation.
The combination of 15 years of

the combination of 15 years of
pleading and searching for the

pleading and searching for the
truth because Joe always said,

truth because Joe always said,
the evidence will prove that I

the evidence will prove that I
didn't kill Anthony klann.

Didn't kill Anthony klann.
>> Carmen Marino, who retired in

>> Carmen Marino, who retired in
2002, strongly disagreed with

2002, strongly disagreed with
the decision.

The decision.
>> I'm disappointed.

>> I'm disappointed.
You got to understand.

You got to understand.
It is disappointment from the

it is disappointment from the
standpoint that those cases were

standpoint that those cases were
well tried.

Well tried.
In my considered opinion, there

in my considered opinion, there
is a very limited trialability

is a very limited trialability
on many judges.

On many judges.
They don't understand the full

they don't understand the full
dynamics of either investigating

dynamics of either investigating
a criminal case or trying a

a criminal case or trying a
criminal trial.

Criminal trial.
>> Marino also disputed that he

>> Marino also disputed that he
withheld evidence.

Withheld evidence.
>> We strictly followed the Ohio

>> we strictly followed the Ohio
law.

Law.
If it was in my file, they saw

if it was in my file, they saw
it or heard it, in addition to

it or heard it, in addition to
what the law required US to give

what the law required US to give
them.

Them.
I gave them copies of everything

I gave them copies of everything
they were entitled to.

They were entitled to.
>> Like Marino, the state of

>> like Marino, the state of
Ohio stood firm.

Ohio stood firm.
>> And of course, after she gave

>> and of course, after she gave
it to me, they appealed it.

It to me, they appealed it.
So I had my retrial.

So I had my retrial.
But I couldn't go nowhere.

But I couldn't go nowhere.
>> The prosecutor's office began

>> the prosecutor's office began
preparing for another trial.

Preparing for another trial.
Convinced they could revic Joe

convinced they could revic Joe
and put him to death once and

and put him to death once and
>>> by 2009, Joe d'ambrosio's

>>> by 2009, Joe d'ambrosio's
murder conviction had been

murder conviction had been
overturned by a federal judge.

Overturned by a federal judge.
But since the state chose to

but since the state chose to
retry him, Joe still sat on

retry him, Joe still sat on
death row, waiting.

Death row, waiting.
>> The county prosecutor's

>> the county prosecutor's
office wanted to preserve a

office wanted to preserve a
conviction, which is typical of

conviction, which is typical of
many prosecutors' offices.

Many prosecutors' offices.
No matter what evidence you give

no matter what evidence you give
them to a contrary, they'll do

them to a contrary, they'll do
everything they can to protect

everything they can to protect
that conviction.

That conviction.
>> In February 2009, pretrial

>> in February 2009, pretrial
hearings began presided over by

hearings began presided over by
judge Joan synenberg.

Judge Joan synenberg.
>> By the time the case landed

>> by the time the case landed
in my courtroom, someone had

in my courtroom, someone had
been sitting on death row for

been sitting on death row for
over two decades.

Over two decades.
This is very serious.

This is very serious.
Because of mistakes that were

because of mistakes that were
made, a process was flawed.

Made, a process was flawed.
All I wanted to do was make sure

all I wanted to do was make sure
that the process was fair.

That the process was fair.
>> But just days before the

>> but just days before the
trial was to begin, prosecutors

trial was to begin, prosecutors
disclosed they had found

disclosed they had found
additional evidence in their

additional evidence in their
files.

Files.
>> Despite having a federal

>> despite having a federal
court order, in fact there was

court order, in fact there was
physical evidence that had not

physical evidence that had not
been turned over to Joe's trial

been turned over to Joe's trial
council.

Council.
Not only in 1988, but in this

not only in 1988, but in this
particular proceeding itself.

Particular proceeding itself.
>> It was a circus.

>> It was a circus.
And I'm sitting out there

and I'm sitting out there
watching it in total disbelief,

watching it in total disbelief,
total disbelief.

Total disbelief.
>> The sudden release of new

>> the sudden release of new
evidence would delay Joe's

evidence would delay Joe's
retrial even more.

Retrial even more.
So Joe's attorneys petitioned

so Joe's attorneys petitioned
the court for bail.

The court for bail.
>> The state of Ohio said, it

>> the state of Ohio said, it
would be unheard of for a judge

would be unheard of for a judge
to let a man off of death row on

to let a man off of death row on
bond.

Bond.
And I said, I agree.

And I said, I agree.
He's not on death row.

He's not on death row.
He stands convicted of nothing.

He stands convicted of nothing.
And based on what seemed to be

and based on what seemed to be
extensive community support, I

extensive community support, I
set a bail.

Set a bail.
>> Are you okay?

>> Are you okay?
>> Yeah.

>> Yeah.
>> Judge synenberg lets him out

>> judge synenberg lets him out
of jail on a $50,000 bond with a

of jail on a $50,000 bond with a
leg brace.

Leg brace.
That, to me, is the most

that, to me, is the most
appalling thing anyone could

appalling thing anyone could
ever do.

Ever do.
>> Joe was released on house

>> Joe was released on house
arrest.

Arrest.
>> Any thoughts about what it

>> any thoughts about what it
feels like to be out?

Feels like to be out?
None at all?

None at all?
>> No comment.

>> No comment.
>> Okay.

>> Okay.
>> For the first time in 20

>> for the first time in 20
years, Joe would go to sleep

years, Joe would go to sleep
some place other than an eight

some place other than an eight
by ten jail cell.

By ten jail cell.
>> Prison is always noise, 24/7.

>> Prison is always noise, 24/7.
Never silence.

Never silence.
Never dark.

Never dark.
For half my life.

For half my life.
So to sit in utter silence is

so to sit in utter silence is
amazing because that's what I

amazing because that's what I
used to do when I was at the

used to do when I was at the
house.

House.
I would turn off the lights and

I would turn off the lights and
sit in utter silence for hours.

Sit in utter silence for hours.

>> But there was still one more

>> but there was still one more
battle to go.

Battle to go.
As Joe's retrial was finally

as Joe's retrial was finally
about to start, news broke that

about to start, news broke that
Eddie espinoza had died of liver

Eddie espinoza had died of liver
failure.

Failure.
Espinoza had served only 12

espinoza had served only 12
years in prison before being set

years in prison before being set
free.

Free.
Despite losing their star

despite losing their star
witness, the state asked the

witness, the state asked the
court to admit into evidence

court to admit into evidence
espinoza's testimony from 1988.

Espinoza's testimony from 1988.
>> I said, no, because Mr.

>> I said, no, because Mr.
d'ambrosio would have not had

d'ambrosio would have not had
his constitutional right to

his constitutional right to
confront someone who is not

confront someone who is not
there.

There.
I didn't see any reason to

I didn't see any reason to
permit testimony from years ago

permit testimony from years ago
in a process that was already

in a process that was already
tainted.

Tainted.
>> The state pursued the case

>> the state pursued the case
for seven more months.

For seven more months.
But without espinoza's

but without espinoza's
testimony, they had little

testimony, they had little
against Joe.

Against Joe.
Finally, in march 2010, judge

finally, in march 2010, judge
synenberg dismissed all charges

synenberg dismissed all charges
and ordered that Joe be released

and ordered that Joe be released
from house arrest.

From house arrest.
>> Joe d'ambrosio is free.

>> Joe d'ambrosio is free.
And she exonerated him.

And she exonerated him.
Look at his record, it's gone.

Look at his record, it's gone.
>> And with that, case is over.

>> And with that, case is over.
They can never put me back in

they can never put me back in
jail for this.

Jail for this.
>> The original prosecution team

>> the original prosecution team
was outraged with the court's

was outraged with the court's
decision.

Decision.
>> You know, some things just

>> you know, some things just
don't go the way they ought to

don't go the way they ought to
in terms of equity and justice.

In terms of equity and justice.
The case hasn't changed in 25

the case hasn't changed in 25
years.

Years.
It is not going to change.

It is not going to change.
They're the ones that murdered

they're the ones that murdered
this innocent guy.

This innocent guy.
>> It is the biggest smoke

>> it is the biggest smoke
screen I've ever seen in my

screen I've ever seen in my
life.

Life.
The judge is bought.

The judge is bought.
>> After his exoneration, Joe

>> after his exoneration, Joe
went to work as a maintenance

went to work as a maintenance
man at Neil's parish, the church

man at Neil's parish, the church
of St. Clarence in north

of St. Clarence in north
olmstead, Ohio.

Olmstead, Ohio.
>> The state did absolutely

>> the state did absolutely
positively nothing for me

positively nothing for me
because I'm an exonoree.

Because I'm an exonoree.
I'm the sixth in Ohio state.

I'm the sixth in Ohio state.
They do nothing at all for US.

They do nothing at all for US.
They open the door, they kick

they open the door, they kick
you out, get out.

You out, get out.
Everything that I fought for

everything that I fought for
this country was taken from me.

This country was taken from me.
Every last single right, for

every last single right, for
dang near 80% of my adult life.

Dang near 80% of my adult life.
>> Joe knows that he owes his

>> Joe knows that he owes his
freedom and his life to one man.

Freedom and his life to one man.
>> If it wasn't for Neil, I

>> if it wasn't for Neil, I
would have been murdered ten

would have been murdered ten
years ago, easily.

Years ago, easily.
And the state wouldn't have

and the state wouldn't have
batted an eye.

Batted an eye.
>> It was just a matter of, I

>> it was just a matter of, I
think, common human decency and

think, common human decency and
a matter of justice.

A matter of justice.
I was astonished at how far

I was astonished at how far
wrong the system can go.

Wrong the system can go.
And how slow it works.

And how slow it works.
And how much is at stake.

And how much is at stake.
>> Joe and Neil travel around

>> Joe and Neil travel around
Ohio speaking out against the

Ohio speaking out against the
death penalty.

Death penalty.
>> I started finding out the

>> I started finding out the
things that he was telling me

things that he was telling me
could be independently verified.

Could be independently verified.
>> That I'm here is a blessing

>> that I'm here is a blessing
from god.

From god.
I prayed for him to end this

I prayed for him to end this
nightmare.

Nightmare.
I wanted it right then and

I wanted it right then and
there, but he answered my

there, but he answered my
prayers.

Prayers.
It just took 22 years.

It just took 22 years.
That's all.