Original subtitles

>>> 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.