Explicit

#157 Jason Flom with Kevin Dykes

Published Sep 14, 2020, 4:12 AM

In June 1986, Kevin Dykes witnessed the attempted murder of 2 people and the actual murder of a 3rd person in his neighborhood in Compton, CA. Kevin decided to go to the police, partly out of fear of reprisals by the killers who knew he witnessed the murder. The prosecutors then used his knowledge of the crimes that he witnessed against him and charged him with all 3 crimes.

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As a child. In the late nineteen seventies, Kevin Dyke's accidentally killed his best friend when they were playing with a gun, sending him to Juvie for involuntary manslaughter. When he got out, he turned to petty drug dealing in Compton, California. Fast forward to six After a terrible assault that led to a four month hospital stint, Kevin continued peddling drugs from his temporary wheelchair for two men named Slim and Hondo. Kevin rented a bed in a trailer home in his landlord's driveway, where Slim and Hondo occasionally hit weapons. That June, two incidents occurred just days apart, resulting in one murder and two attempted murders. The first during a party, when Kevin booted his friend from for being belligerently drunk, Slim and Hondo folity from stabbing him several times. A neighborhood mother, Mrs Bradley, came to eat froms aid, only to get stabbed as well. Kevin intervened, jumping from his wheelchair to stop the assault before it turned fatal. A few days later, Slim and Honda accused Kevin's friend Otis Perry of stealing their gun from Kevin's trailer home, stabbing him eighty one times. Unable to stop the murderous frenzy and fearing for his own life, Kevin helped them clean up before going to the police a few hours later. A few days after that, Kevin was arrested for cocaine possession. Had put into a special holding tank for state's witnesses. Then three jailhouse snitches claimed that Kevin had confessed to all three attacks in exchange for leniency in their own cases. Kevin Dike's is serving life in prison on the word of three notorious jailhouse snitches. This is wrongful conviction with Jason Flam. This is Global Killing. You have a prepaid call. It from in in d D the California State Prison, Los Angeles County, Incaster, California. Let's call and our telephone number. We'll be monitored and recorded to accept this call. Say or dial five now, thank you for you thing, Global tim Link. Welcome back to Ron for Conviction with Jason Flam. Today, we have an incredible story, so we're gonna get right into it and I'm going to introduce you first to Stephen Kay Houser. He's a criminal defense attorney representing the star of this episode, Kevin Dyke. Stephen. Welcome to Ronful Conviction. Thank you glad to be here. And Kevin Dyke's is on the phone with us from prison, and I hope we'll be able to do something about his situation because it is awful. Kevin. I'm sorry you're here um or where you are, but I'm happy you're here with us today. So thank you for being here. Thank you for the opportunity. This case goes back to Compton, and it's got It's got so much that you'll think I'm talking about a movie script that would be too much to be believed, except for it's real. It's got gangster's name Hondo and Slim. It's got drugs, it's got snitches that ended up on sixty minutes. It's got laws that changed and and victims who testified that this was not the guy who did it. It's got a guy who's in prison for three and a half decades with no evidence against him except the testimony of jail house snitches who have recanted their testimony. It is nuts, but it's true. So let's get right into it and Kevin, let's start with you going back to your youth because you grew up in Compton, right, Yes, I grew up home in the top water sports. I actually had a real good up ring until I, uh, I think you're actually severe. I ended up actually killing my my best friend. I work for Blisary Man. And for those of you who don't know why A or see why, I is the California US authority. As I under standard, your friend's death was entirely accidental, just two kids who made a big mistake playing with a gun. But they still sit you away to juvie for involuntary manslaughter. And I also understand that you harbor a lot of guilt about this, even though the family forgave you. Yes, this family, they stayed directly across the street from my family, even to the day, still feeling the same three although the family had for giving me, ridding me letters, was come and see me. When I got out, I saw what I did for that family, and I didn't know how to proper. Although my mother and my father and my grandmother and all kinds of people will trying to help me, I didn't know how to ask for their help that I actually need so I got degeren as little Digreen to the game. So so the guilt kind of derailed your potential, it seems. And after Juvie you start dealing drugs and looking outside of what seemed like a supportive home for what where it was that you felt you needed, acceptance, identity, whatever, out in the street. So fast forward to January six, some other really bad stuff happens January somebody they try to chee them in front of my house. I followed them. They ran me through a brick wall and he broke my had to smash my films. So I wanted to hospital to make for you. When I got in the hospital, I was in a wheelchair and I had a walk and I was going through the therapy. Yes, someone tried to kidnap Kevin, so you fought them off and they ended up hitting you with their car against a brick wall, broke your hips, snapped your pelvis, and put you in the hospital for four months. I mean, you're lucky to even be alive, and we haven't even gotten to the part that has you locked up right now. Okay, so it's May. You're temporarily in this wheelchair doing physical therapy and dealing draw us for these two mid level management drug dealers named Slim and Hondo. Slim and Hondo decided that they were going to take over the local drug sales. I believe they helped Kevin and some of his friends with small amounts of cocaine to sell in the neighborhood and they would periodically show up and I guess resupply the local sellers, including Kevin and Kevin. You were renting a place to stay from a man named Mr. Bryce. You were renting a bed in this mobile home that sat in his driveway right, Yes, I was staying in Mr bryce mobile We had a mobile home in hand, like six days in the shower and all that stuff inside it was talked in the driveway. Sometimes my friends to stay had like six places so old come in sleeping. And Otis is Otis Perry who occasionally stayed at Mr Bryce's mobile home. And he's the one that was eventually stabbed by Slim and Hondo for taking the gun that they had left in the trailer. The night that these two attempted murders occurred outside a party at Mr Bryce's house. Yes, my cousin Fami was inside the mobile hole I was inside the house where the party was, there when the fight, and when the fight after, so I didn't know without there at the time, and I know Slim pulls up. They knew Mr Brice didn't allow girls in this house. What do you here to come in the mobile hole with my cousin. But I stually didn't know nothing about that at that time. Okay, so now the stage is finally set for these crimes to take place. This is we're talking June. There's a little party going on at Mr Bryce's. Your friend Otis and your cousin Pam are in the mobile home in the driveway. Slim and Hondo, your bosses, come to hang out, but out of respect for Mr Bryce, they leave their gun in the mobile home. Then your friend is at the party and he is drunk, to say the least from my older homeboy. He was being reliterate and uh mestal with the females. I was up in there grabbing drinks that didn't blow to him, and I thought, efa man, go down to the pool, man, keep back. I got, and he kept on. So I got Piste off and I hate him once and when I hate him, Slim, both of them attacking because of my Here's what they said. He said. I didn't understand. Why did they get involved in there? Here's what they said, because I should barely walk. They people were taking advantage of my disability. Okay, so your drug bosses are sticking up for you, but then they go way beyond what you would ever want them to do. Yes, So once I stuck in from both of them attacking, I got them to stop sold infinitely. He left and then they say he's down the street. They called him much the end of the corner. Once I got down there, I saw that they was actually stabbing. When I hurd Hando leaving alone Hondo, he looked up and saw me, But when he saw me, he saw him as Bradley. Behind me was Bradley is my older home was mother. When she looked up and saw that it was her son, she tried to turn around. He ran her down, drabbed her by her dressed and saw a staffer. I hopped my way to him and grabbed him to see him off of her. And once I was holding me, she got loose. This day from time to git up and then I got to convince them to set to the car and drove him off. I drove off to a motive and then I came back to check on from him Miss Bradley, But damn, I was already came and it was in the hospital. So you basically saved Mrs Bradley and Ephraim from being murdered by swimming Hondo by convincing them to stop stabbing them and drive away from the scene. But this incident on June is what becomes two charges of attempted murder that gets stuck on you. The guy confined to a wheelchair at the time. Um, yeah, okay, So Slim and Hondo stabbed both Ephraim and Mrs Bradley. You drove them to a motel. At some point, your friend Otis back at the mobile home, takes the guns Slim and Hondo had left behind. Not too smart, by the way, because Slim and Hondo knew who was in the mobile home when they stashed it in the first place, So they come looking for Otis. On ju Ju came over looking for Otis, like, well, something in the morning, they should come outside. I'm gonna go to your Otis. I didn't know Oss out here in the motor hole, so when I went out to the York Georgian. The moor open otis skip out Hanold's cat otis geme in. With my gun ahead, he said, we can go get it. He said too late and then catching they started fighting. All the fighting back when they were fighting from the side of them over hole. He went around the garage and that was the first time my saw and being stand and I came back from around there. I wasn't nehble to one or whatever from didn't say nothing, and the listening to everything that was going on. And I don't know how much time pass but James Arnold's cared from around there and with no more noise, I was wandering. Okay now he said, uh, wolves up, you got some recue. And I gave him my blanket so he must sit with behind the babe and wrapped him up, drugged him out and put him in the car and instead of him a slim boys, he said, you said me stay here watching that all the brother that was coming from behind them other hole and Joe me to get the car and ride with him. So I took him over to my owner's neighbor wed by the canal, and that's where he jumped in and I seem if i'd be back, I left, and they ever say a day, And what would you tell anyone listening now who's wondering why you played any part in getting rid of the body with Slimming Hondo. I do with any reasonable person, not finding that I would have done hadn't seen what I saw. I knew I gotta do something that made myself a partner what's going on? And I wasn't acisically able to do nothing to prevent myself from being killed. And I spist said that was the smartest thing that I too done at the time for myself, instead of doing nothing. If you had done nothing at all, what do you think Slimming Hondo would have done? I was a little bit too afraid to find out. I was in a position where something happened to my friend and handed to know Roster, and I did what I thought was the best thing to do for myself. They're not to folder now, I say to myself. This episode is sponsored by A I G, a leading global insurance company, and Paul Weiss Rifkin, Wharton and Garrison, a leading international law firm. The A I G pro Bono program provides free legal services and other support to many nonprofit organizations and individuals most in need, and recently they announced that working to reform the criminal justice system will become a key pillar of the program's mission. Paul Weiss has long had an unwavering commitment to providing impactful, pro bono legal assistance to the most vulnerable members of our society and in support of the public interest, including extensive work in the criminal justice area. Otis Is murderer eventually gets pinned on you, the guy who was only able to watch or listen helplessly. Has your friend got stabbed at that and then in order to save your own life, you did what probably any of us would have done. You played along with Slim and Hondo until you could get away. I would not want to have been in your shoes at that point. You just lost your brand. Otis. You had to contend with the question of to snitch or not to snitch on like a Sophie's choice on these two murderous drug dealers. That's when I was trying to process whatever it's just happened to the show sixty Seven'sock in the morning. That's when I saw the poet and I told that I think I know who that was? What always saying, come over here and look like blanking. I knew it was. I said, I know where it lives, a blue mother's house. And then when we came back and seen I asked my failure if I had any information talk on our contract, and he gave me his car. I took your car road two wows and you know, I went to the phone boof and the I called the police and I told everything they need to know. It's all a while that They came and kick me up, took me off to the station and I mean to take maybe it was I made the cap. They let me go out with that home. So you made a statement to a sergeant, Sergeant Preston, and you're gonna be a witness and Steve, maybe you can tell us about the next part of the story, which is how Kevin was picked up for cocaine possession. Sometime later, and while in the state's witness holding area of l A County Jail, he eventually meets three guys who are responsible for him being in this horrible predicament today. What happened was Kevin got arrested for a possession of cocaine charge and because he was the main witness against Slim and Hondo on a murder case. They put him in with other prosecution witnesses and it's commonly called the snitch Tank, which is a separate jail from the men's central jail. And while Kevin was in there, he told his cellmate, Willie Battle and the guy that was in the next cell over, Jesse Williams. He told them what actually happened, as they asked, and that's very common in jail, what are you in for? And they exchanged information, but this time it only came from Kevin. He told him what happened, and they twisted it around and ran with it. And then they called the Compton Police Department and asked them if they had a murder case where the body was found by a canal. They called it a canal, it's really a drainage ditch. And they put him in contact with Detective Marvin Branscomb, who was not Sergeant Preston, who Kevin gave the statement to, and they convinced Branscomb that what they had to say was was true, which they said that Kevin confessed to these attempting murders and murder. They say, we got a guy on him blagging about chilling guy and adversadi time don't so I am the bolt from being the actual witness now being the actual killer. So Kevin became the defendant instead of the prosecution witness, and they moved him out of the snitch tank to another part of the jail. So Kevin's transferred over to the central jail, and then he met a very notorious snitch named Leslie White. And I get a call from Leslie White. I've never heard of Leslie White. Leslie White says, I understand you're defending Kevin Dyke's and that he has been ratted out by two snitches. And I said, that's exactly right. He says, well, I can help you. You come down here and I'm going to tell you all about the snitch system and how it works. Okay, So I go down to the jail. I talked to Leslie White. He tells me about how inmates get ahold of paperwork and change fat and get a hold of the detective or d A that's handling a particular murder case. And because they know these unique facts, they can convince the detective or district attorney that's handling the case that this confession was a valid confession. So I said, well that sounds good, Okay, I'll put you on the witness list, Mr. White. So about a week or two later, I get the witness list from the district attorney and Leslie White is on there as a people's witness. And not only that, I get a report that says that Kevin Dike's confessed to Leslie White. And I'm flabbergasted because I just talked to Leslie White and he was going to be a witness for Kevin. So I go down to the jail and I call out Leslie White and he's willing to come and talk to me, and I said, what do you are you a witness for the prosecution now he says yep. I said, well, you old that Kevin's innocent. Why do you doing what? How can you do that? And he says, well, man's got to do what he's got to do, That's what he said. I gotta be honest. My head is spinning and I didn't even live through this. I mean, this is Kevin. I mean, I'm so sorry that you're living this is like, this is your life we're talking about. I didn't actually believe that what they was going on was even possible. I didn't think that there stuff would hold. I'm like, what hold? I'm an actual eye witness. These guys they don't know learn about where alli or learning about what actually happened. So I didn't really believe the Pickles could do what they were what they were doing to me. I had never even heard about that before. I mean, this is this is like nothing. I don't think we've ever heard a story like this before. So Steven, what happens next? When we got to court, all they had was his statement to Sergeant Preston and three snitches, and I couldn't believe that they would even want to proceed with this evidence, but they did. And just before the verdict was issued, I told Kevin and I said, now, Kevin, when you get out of here, you've got to change your ways, be a law abiding citizen and I used to society, and he said, yeah, okay, Mr Houser, I'm going to do that. Came back guilty. We were both floored. You were since the twenty four years to life here it is now two thousand and twenty. You're still in Can you just take us back there? Put us in that courtroom with you, if you can. I actually could not believe in virg Yeah, I'm fine. I you see, I was possible. Yeah, I was after I wouldness, I came for I gave everything they needed all eviously car whether the people from testified that I didn't chat, people will stay have like thirty three times at least test fire. I didn't attacking, And it's just five that I didn't attack Ms Brownie. That was my free of mother. There was nobody there said okay, anybody. But and this is something I really need to highlight here, which is that if you go in a jury box and you're presented with the case where someone's life is hanging in the balance, just like Kevin's was, and there's no evidence connected that person to the crime except for the testimony of a snitch, you cannot vote to convict because it's crazy. I mean, these are people who are clearly incentivized. They may not tell you that at the time, but you have to understand that the defense can never bribe a witness. That's a that's a crime punishable by a long time in jail. But the government can make a deal with a snitch to reduce their charges or drop their charges in exchange for testimony, and that is the best bribe of all. So it's the most unreliable testimony imaginable. And here you have a case where the direct evidence contradicts what the snitches were saying. The evidence showed that Kevin could not have committed this crime, and yet he ends up getting convicted under the testimony of people who were notoriously untrustworthy and were it sent device to lie. Mr Holler found evidence where the apartments. They say, oh, he's been in my family, So the government gives them money to relocate them movement apartments. All of them end up getting reduced students. Lastly, White end up getting out at six five me. I don't know if you remember this was back in any threatened position, Attorney. If you don't lead me back out, I'm gonna blow this whole case. You remember the other What happened was Leslie White then went on sixty minutes when he was back in again in the jail, and he showed on camera how he could work his magic and get favors from d A. And then when I saw that, I went down and talked to Leslie White. I said, well, now I know for sure you lied in Kevin's case, and he said, yeah, I did. And I said, well, I want you to sign an affidavit that you lied in Kevin's case because Kevin deserves a new trial. And so sure enough he signed it. But instead of giving Kevin a new trial, the d A indicted him. Leslie White with a grand jury had me come in and testify, and they gave Leslie White four years for perjury. They gave Kevin Dike's nothing. And that's where it sat. It's all so backwards, an upside down. And of course you know we have two more characters that are coming up with Gordon, who's on the right side of this story, and Willie Battles. We can't leave him out. Yeah, when this uh snitch system came out thanks to Leslie White, believe it or not, Gei Gordon was a pointed she's a defense lawyer. She's deceased now, but she was a criminal defense lawyer front of mine. And Geesi Gordon was appointed by i think the Supreme Court to do an independent investigation on all of the snitch cases to see if justice was done. And she spent over a year on this project, being paid by the state of California, and as a result of Gees Gordon's research and investigation, a law was introduced in the legislature to require corroboration if snitch testimony is going to be used in a case. And that happened, but they didn't do it retroactively. Am I getting that right? Because it's it always drives me nuts when we change a law in this country and we don't do it retroactively. How could it be different now than it was before. It doesn't make sense, didn't make any sense to me. That's why I appealed it. We went to the Appellate Court in California, then the Supreme Court, and actually when we went to the Supreme Court the first time, the law had not been changed yet. But then we went back to the Supreme Court on another issue and the law had been changed. And in federal court the judge actually said that Kevin might be innocent, but there's nothing I can do because this law is not retroactive, or something to that effect. And I just thought that that was the most unjust result I've ever had in my whole career. Still is wow. And so if Kevin's case were tried now, uh, they wouldn't have any any evidence against him because the only incriminating evidence was from the snitch testimony. If Kevin's case were to be tried now, they would have no evidence against him. And yet it's thirty four years later and he's I can't be this is nuts. Um. I went to the district attorney with that very argument. With each new district attorney that came in, I would go talk to him and they told me that because of his statement admitting what he did pretending to go along with what sliman Honda were doing, because of that statement, that made him guilty. And they said, sorry, you have to present new evidence to us before we're going to recommend anything for Kevin. And I said, what's the matter with these confessions by these snitches? That's new evidence at least since the trial. Two out of three Leslie White signed an affidavit that sent him put himself in prison, and Jesse williams Uh signed a letter saying that he lied in Kevin's case. He said, no, we want some more than that. Plus, you've got one snitch that you don't have, you know, a retraction from Willy Battle. We never had a retraction from him. And Willie Battle I tried to find, but he's probably dead. So that's where we sit. And what is the outlook now, I mean, is their hope? I think Kevin has two hopes number one with a new d A. I think gascon Is is much more progressive than Jackie Lacy. I thought Jackie Lacey was very progressive, and I had high hopes for Kevin when she put together her internal innocent Project and I met with what I thought was a very ethical, fine lawyer, and I got a very unfavorable result. And I asked him during that hearing, I said, you know, as a human being, you know, do you really think that Kevin Dikes was convicted properly fairly? He wouldn't answer. You wouldn't give me any answer. That was the guy in charge of Jackie Lacey's Internal Innocence Project m And in case people think there's not enough here, already, we have a case where the victims family doesn't hold Kevin responsible. I think anybody coming out of you know, high school would look at this and go, okay, well, this guy's inn said let's get him home. But the way the laws are set up, it's really really difficult. Even in a case like this with so much compelling evidence of not just reasonable doubt, but evidence of actual innocence. And now the next step really and luckily we have a great governor um by opinion, of course, the great governor of the City of California, Gavin Newsom. What is the process for trying to get this on his ask? The law in California is that if you've done state prison time, you have to go to the Supreme Court before you can petition the governor on a different case. Because of that prior conviction for involuntary manslaughter, Kevin can't go to the governor's officer, I can't go on his behalf to the governor. You have to petition the Supreme Court and get permission from them to ask the governor for a pardon or clemency. And in the years past we've had a pretty conservative Supreme Court, which is different now, But might as well try that if there's nothing else that is a strange thing in the law too in California. Is not the first time I've encountered it, where it has to you know, the underlying previous conviction stands in the way of even the governor taking an action because I believe if you knew about this case, he would want to. But I think the best thing to do is to hope for parole, hope that the d A does not oppose parole. Kevin comes out for parole, I think in another year or two thirteen, next year, yeah, okay. But even better is to have the new DA take a look at this case and admit that Kevin was wrongfully convicted. Kevin, what would you like people to do or or or to know? Well, I know I did the right team when I went to the police, and then I total school team, a total school for injury. Even now I don't regret doing the right team because it was my friend of life and it was important for his mother to know the food would happened to a son. I would be saying thing, you know, I will still go to the police, I'll sell set of food. Maybe I wouldn't say that while I'm in jail. It's also me a lot. I've lost like seven teens family members. My mom's has spoke a few years ago. It lost me a lot. But I was still doing even at all this time and all this time in prison, have there been any like moments of little rays of light that poked their head into such a dark place, And was there a particular moment where you almost lost hope? Sort of the darkest moment for you. I found ruin the last five years, so I'm had pitched finally with God and myself. So now it's like, you know what, there's nothing I can do about what they've done. I'm not gonna let them take what's left that I got my speed and now my family is proud of me, even though I've never done nothing, because I've saved in my life. So it's been drunk time, trusting a lot, but I'm gonna pushing. I'm gonna keep dolinging. I got you, so I got I mean, I'm just sitting here with a heavy uh sort of note in my stomach, just the fact that, uh, I mean, fifty nine year old man, you spent almost twice as long in prison as you were free. You're no threat to society. This is what the pro board is for. You know, this man needs to go home. I'm going to stay optimistic and I'm gonna tell you we're gonna do everything we can. And I feel like society owes you a debt and an apology. And UM, all we can do is is bring as much attention as we can and trying to bring this to the attention of the people who can make a difference in this case, try to make it right, all right. So we have a a very special section segment of this show. Um, that's my favorite part, and this is what we call closing arguments. I first of all, thank you both. So first of all, Stephen kay Howser attorney, thank you for being here with us today. And Kevin Dyke's what can I say? Man, you are inspiring guy. From what little I know you just from this call, I can tell your spirit is coming through the wire all the way across the country and it's going to be going out to a lot of people. So thank you for sharing your thoughts and being so courageous here today. Thank you problem And now I turned my microphone off and I just leave my headphones on, close my eyes and let you both talk about whatever you want for the last few minutes of the show. Kevin, we're gonna save you for last if that's okay. And Stephen, please just share whatever it is that's on your mind. Well, uh, Kevin, let's hope this is another step to get you out of prison. It's been a long, long road, but I won't give up ever, and Kevin over to you. I'm thankful, you know, and it's just taking me a long time. But I mean, like the last five years now and my life now still have purpose and meanings despite what they've done. Oh no, fel feelings force nobody. He is what he is the deal they need off a long my life. I was twenty four years off, fifty nine. Now I've been sixty next year. I've been seen over five years. So it's like this en and I can't you can. I don't control it, but I won't live what they've done to me back then. Think something to me. Now I'm free, you know inside, and I'm at and and even if I die in here, I'll be at peace. Lord. I still for the shop, and for once, I did the right then as an adult for my family. I wasn't always a criminal. When they came in to some of my life and death, I needed you the right thing for once. Some of my parents were proud of them. That's not I said. You would keep my mind focusing on what's possible, what could be possible, and how to help us it is for giving the opportunity this guy family and my community where I see them. You know, I won't let nothing take that from me. That's all I have. You know, I appreciate everything that's you guys were doing, and I appreciate support for me a boy, whether it should have governed people, whoever can be done to help me. It is truth, the absolute foods in front of people, and they let them deciding. Ked so I need to be punished for what I needed if they say so, because opportunity. But here I was worried from my life to hear from my life at the time, but I did what I believe he was writing and I don't really join it. Don't forget to give us a fantastic review wherever you get your podcasts. It really helps. And I'm a proud donor to the Innocence Project and I really hope you'll join me in supporting this very important cause and helping to prevent future wrong for convictions. Go to Innocence Project dot org to learn how to donate and get involved. I'd like to thank our production team, Connor Hall and Kevin Ardis. The music on the show is by three time Oscar nominated composer Jay Alph. Be sure to follow us on Instagram at Wrongful Conviction and on Facebook at Wrongful Conviction podcast. Wrongful Conviction with Jason Flom is a production of Lava for Good Podcasts in association with Signal Company Number one

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