1 00:00:07,407 --> 00:00:07,874 - I'm Craig Melvin, 2 00:00:08,775 --> 00:00:12,712 and this is "Dateline: Secrets Uncovered." 3 00:00:12,746 --> 00:00:15,115 - Something is wrong here. 4 00:00:15,148 --> 00:00:18,051 The system doesn't want to acknowledge that 5 00:00:18,084 --> 00:00:21,955 they made a mistake. But you made a mistake! 6 00:00:21,988 --> 00:00:23,156 - The detective was like, 7 00:00:23,189 --> 00:00:25,025 "You gonna tell us you did this." 8 00:00:25,058 --> 00:00:27,027 And I'm like, "Man, I ain't did nothin'." 9 00:00:27,060 --> 00:00:29,729 - You hear the judge say "guilty." 10 00:00:29,763 --> 00:00:31,264 - Everything just froze. 11 00:00:31,297 --> 00:00:33,133 - Two brothers convicted of murder 12 00:00:33,166 --> 00:00:35,602 fight back against the justice system. 13 00:00:35,635 --> 00:00:36,770 - Twice is a pattern. 14 00:00:36,803 --> 00:00:39,639 A pattern of how to gain a conviction. 15 00:00:39,673 --> 00:00:42,275 - I knew they were innocent, and the question was 16 00:00:42,308 --> 00:00:44,210 "Do we have enough?" 17 00:00:44,244 --> 00:00:46,046 - You've got several witnesses saying 18 00:00:46,079 --> 00:00:49,282 their testimony was coerced. Can they all be lying? 19 00:00:49,315 --> 00:00:51,918 - If I have to die in this situation, 20 00:00:51,951 --> 00:00:56,189 let it be said that I would die trying to prove it, 21 00:00:56,222 --> 00:00:57,490 that I was innocent, man. 22 00:00:57,524 --> 00:01:00,627 Never that I gave up. Never. 23 00:01:00,660 --> 00:01:08,568 ** 24 00:01:08,601 --> 00:01:12,238 - Hello, and welcome to "Dateline: Secrets Uncovered." 25 00:01:12,272 --> 00:01:16,409 The story you are about to hear is an intensely personal one, 26 00:01:16,443 --> 00:01:19,346 centered around three men who say they are victims 27 00:01:19,379 --> 00:01:20,947 of wrongful convictions. 28 00:01:20,980 --> 00:01:23,383 The journey to prove their innocence 29 00:01:23,416 --> 00:01:26,386 spanned three decades as they withstood 30 00:01:26,419 --> 00:01:28,788 one denied appeal after another. 31 00:01:28,822 --> 00:01:31,091 Giving up was never an option, 32 00:01:31,091 --> 00:01:34,627 but would their fight lead to justice? 33 00:01:34,661 --> 00:01:38,798 Here's "The Long Road to Freedom." 34 00:01:40,166 --> 00:01:42,302 Tulsa, Oklahoma. 35 00:01:42,335 --> 00:01:44,738 Look at a list of top places to live, 36 00:01:44,771 --> 00:01:46,439 and you'll often find it. 37 00:01:46,473 --> 00:01:49,943 "A city of promise of a new kind of energy," 38 00:01:49,976 --> 00:01:54,948 as its motto says. But look a bit closer. 39 00:01:54,981 --> 00:01:56,583 Just over the railroad tracks 40 00:01:56,616 --> 00:01:59,119 that separate the north from the south side, 41 00:01:59,119 --> 00:02:01,821 and you'll find the city divided. 42 00:02:01,855 --> 00:02:04,824 Segregated. 43 00:02:04,858 --> 00:02:07,627 And if you walk deeper into north Tulsa, 44 00:02:07,660 --> 00:02:12,132 past the boarded-up houses and the broken basketball hoops, 45 00:02:12,165 --> 00:02:15,835 you'll hear a story that's all too familiar. 46 00:02:15,869 --> 00:02:18,738 - The truth is, man, I've had to deal with the pain, 47 00:02:18,772 --> 00:02:25,378 I've had to deal with the anger, the frustration, sadness, uh, 48 00:02:25,412 --> 00:02:28,648 the misery, you know. 49 00:02:28,682 --> 00:02:30,483 - Like the families of George Floyd, 50 00:02:30,517 --> 00:02:33,720 Ahmaud Arbery, Breonna Taylor, Michael Brown, 51 00:02:33,753 --> 00:02:35,922 and hundreds of other young 52 00:02:35,955 --> 00:02:37,924 African-Americans whose names are being chanted 53 00:02:37,957 --> 00:02:40,226 in protests nationwide, 54 00:02:40,260 --> 00:02:43,963 Malcolm Scott wants his story told. 55 00:02:43,997 --> 00:02:46,332 - Because if we don't know that it exists, 56 00:02:46,366 --> 00:02:49,202 how can we do anything about it? 57 00:02:49,235 --> 00:02:52,839 - His story starts like so many other black lives 58 00:02:52,872 --> 00:02:55,175 that have struggled to matter. 59 00:02:55,208 --> 00:02:58,178 Raised in poverty under the watchful, 60 00:02:58,211 --> 00:02:59,512 suspicious eye of the police, 61 00:02:59,546 --> 00:03:03,049 and destined to a life of run-ins with the law. 62 00:03:03,083 --> 00:03:04,584 But at its heart, 63 00:03:04,617 --> 00:03:09,122 it's a story about two brothers, Malcolm and Cory, 64 00:03:09,155 --> 00:03:11,491 and a bond that could not be broken, 65 00:03:11,524 --> 00:03:17,897 not even in the face of unimaginable odds. 66 00:03:17,931 --> 00:03:20,266 What was it like growing up in-in north Tulsa? 67 00:03:20,300 --> 00:03:22,902 - Oh, you feel like you were always home, you know? 68 00:03:22,936 --> 00:03:24,704 Familiar faces always surround you. 69 00:03:24,738 --> 00:03:26,506 - Large family too, as I understand it. 70 00:03:26,539 --> 00:03:27,741 - Twelve brothers and sisters. 71 00:03:27,774 --> 00:03:29,075 - Twelve. - Yeah. 72 00:03:29,075 --> 00:03:32,712 So, yeah, it was crowded. [laughs] 73 00:03:32,746 --> 00:03:34,314 I was really big into sports. 74 00:03:34,347 --> 00:03:36,816 Like, I love, you know, me getting ahold 75 00:03:36,850 --> 00:03:39,319 to a football in my hand and running was like, 76 00:03:39,352 --> 00:03:41,721 you know, life. 77 00:03:41,755 --> 00:03:45,225 - Malcolm caught the football bug from Cory, 78 00:03:45,258 --> 00:03:49,262 who was his older half brother and best friend. 79 00:03:49,295 --> 00:03:51,831 - We have a beautiful relationship. 80 00:03:51,865 --> 00:03:54,834 My mama tell me, you know, "he's crazy about you. 81 00:03:54,868 --> 00:03:57,837 You know. He'd do everything you do." 82 00:03:57,871 --> 00:04:00,940 - As a young teenager, Malcolm dealt with a father 83 00:04:01,041 --> 00:04:03,410 who struggled with alcohol addiction 84 00:04:03,443 --> 00:04:07,714 and sometimes abused him. Cory was his safe haven. 85 00:04:07,747 --> 00:04:09,816 - I had to protect him. 86 00:04:09,849 --> 00:04:12,886 - Did he kind of start to play the role of dad? 87 00:04:12,919 --> 00:04:15,288 - I could better relate to him. 88 00:04:15,321 --> 00:04:16,389 I didn't fear him. 89 00:04:16,423 --> 00:04:19,726 And I felt kinda safe with him. 90 00:04:19,759 --> 00:04:23,296 - Feeling safe was rare in north Tulsa. 91 00:04:23,329 --> 00:04:26,066 This was where the poorest of the poor lived, 92 00:04:26,099 --> 00:04:29,469 a place with very few social services, 93 00:04:29,502 --> 00:04:33,573 but lots of crack cocaine and gang violence. 94 00:04:33,606 --> 00:04:37,877 The night of August 3rd, 1990, was typical. 95 00:04:37,911 --> 00:04:40,113 On the corner of Atlanta and 4th, 96 00:04:40,146 --> 00:04:41,681 a gun was fired. 97 00:04:41,715 --> 00:04:45,552 Cory says he happened to be driving through. 98 00:04:45,585 --> 00:04:47,721 - I looked toward the shot came from, 99 00:04:47,754 --> 00:04:51,558 and I seen the dude fall, and as we got right there, 100 00:04:51,591 --> 00:04:54,394 and I looked and seen his chest was still moving, 101 00:04:54,427 --> 00:04:56,496 he was still breathing, and I was like, 102 00:04:56,529 --> 00:04:58,898 "Man, somebody call an ambulance for him." 103 00:04:58,932 --> 00:05:00,100 - When police arrived, 104 00:05:00,133 --> 00:05:02,702 they found 29-year-old James Lane, 105 00:05:02,736 --> 00:05:06,206 a small-time drug dealer, dead on the sidewalk. 106 00:05:06,239 --> 00:05:09,843 He'd been shot once in the chest and robbed. 107 00:05:09,876 --> 00:05:12,112 Police stopped Cory at the scene. 108 00:05:12,145 --> 00:05:15,048 Some of his friends were known gang members, 109 00:05:15,048 --> 00:05:18,251 and police thought Cory was, too. 110 00:05:18,284 --> 00:05:20,687 But he had no criminal record. 111 00:05:20,720 --> 00:05:22,222 - And they pulled it us at the car, 112 00:05:22,255 --> 00:05:25,425 and they searched my car down, they searched us down, 113 00:05:25,458 --> 00:05:27,560 and, uh, let us go. 114 00:05:27,594 --> 00:05:30,764 - Investigators were not able to develop any leads, 115 00:05:30,797 --> 00:05:32,632 and the case went cold. 116 00:05:32,665 --> 00:05:35,368 But six months after Lane's death, 117 00:05:35,402 --> 00:05:40,206 a 16-year-old named Doane Thomas told police he saw the shooter. 118 00:05:40,240 --> 00:05:41,875 It was Cory. 119 00:05:41,908 --> 00:05:44,310 Police arrested Cory and charged him 120 00:05:44,344 --> 00:05:46,279 with first-degree murder. 121 00:05:46,312 --> 00:05:48,682 - I was taken to the homicide division, 122 00:05:48,715 --> 00:05:50,083 and a detective was like, 123 00:05:50,116 --> 00:05:52,452 "You gonna tell us you did this." 124 00:05:52,485 --> 00:05:55,722 And I'm like, "Uh, man, I ain't did nothing." 125 00:05:55,755 --> 00:06:00,226 - At trial, Doane Thomas became the prosecution's star witness, 126 00:06:00,260 --> 00:06:03,663 and prosecutors had more evidence. 127 00:06:03,697 --> 00:06:05,598 They played an interrogation video 128 00:06:05,632 --> 00:06:09,602 of Cory's friend, Ben King, who was with him that night, 129 00:06:09,636 --> 00:06:12,906 in which he, too, told detectives that 130 00:06:12,939 --> 00:06:15,775 Cory was the killer. 131 00:06:15,809 --> 00:06:18,278 Cory took the stand in his own defense 132 00:06:18,311 --> 00:06:23,049 and testified he tried to help the victim, not kill him. 133 00:06:23,049 --> 00:06:24,551 - I could remember the D.A. 134 00:06:24,584 --> 00:06:26,886 He said, "You know, if they don't believe you, 135 00:06:26,920 --> 00:06:30,523 you going to the penitentiary for the rest of your life." 136 00:06:30,557 --> 00:06:31,958 And I just-- And I said, 137 00:06:32,058 --> 00:06:35,228 "Yeah, but the truth gonna come out." 138 00:06:35,261 --> 00:06:39,899 - The jury did not believe him, and found Cory guilty. 139 00:06:39,933 --> 00:06:44,204 On June 25th, 1991, he was sentenced to life 140 00:06:44,237 --> 00:06:47,240 and shipped off to a maximum security prison. 141 00:06:47,273 --> 00:06:51,211 Just like that, he was out of Malcolm's life. 142 00:06:51,244 --> 00:06:54,080 - Cory left when I was no more than 13, 143 00:06:54,114 --> 00:06:58,351 and, uh, that was hard. 144 00:06:58,385 --> 00:07:00,553 - To fill the void, Malcolm started to 145 00:07:00,587 --> 00:07:03,189 hang out more with De'Marchoe Carpenter, 146 00:07:03,223 --> 00:07:07,060 a lanky basketball player and neighborhood jokester. 147 00:07:07,093 --> 00:07:08,895 - I was gonna be a comedian. 148 00:07:08,928 --> 00:07:11,364 You know, I used to think I was so funny. 149 00:07:11,398 --> 00:07:14,334 You know, I always tell jokes and get the girls 150 00:07:14,367 --> 00:07:16,536 and make 'em laugh. 151 00:07:16,569 --> 00:07:20,140 - But in north Tulsa, fun could easily turn tragic 152 00:07:20,173 --> 00:07:21,775 in a split second. 153 00:07:21,808 --> 00:07:24,678 Malcolm and De'Marchoe were at a party spot 154 00:07:24,711 --> 00:07:27,047 late one night in December 1993, 155 00:07:27,047 --> 00:07:29,883 when a drive-by shooter hit the place. 156 00:07:29,916 --> 00:07:31,217 Malcolm was grazed, 157 00:07:31,251 --> 00:07:34,054 but De'Marchoe was badly injured. 158 00:07:34,054 --> 00:07:38,058 He was rushed to the hospital, Malcolm by his side. 159 00:07:38,058 --> 00:07:40,493 - I said, "Just hang in there. Keep your eyes open." 160 00:07:40,527 --> 00:07:43,863 And, no, he was holding my hand and I remember him squeeze. 161 00:07:43,897 --> 00:07:46,366 "Hold-Hold on, hang in there." 162 00:07:46,399 --> 00:07:48,268 - Losing his brother to prison, 163 00:07:48,301 --> 00:07:52,539 then seeing his friend almost die hardened Malcolm. 164 00:07:52,572 --> 00:07:55,308 He inched a bit closer to the streets. 165 00:07:55,342 --> 00:07:57,610 In fact, police caught him with a handgun, 166 00:07:57,644 --> 00:08:01,448 something he says probably would not have happened 167 00:08:01,481 --> 00:08:03,450 if Cory had been around. 168 00:08:03,483 --> 00:08:04,851 - He's always been the one that said, 169 00:08:04,884 --> 00:08:07,187 "Man, no, you don't-you don't need to be involved 170 00:08:07,220 --> 00:08:08,021 with none of that. 171 00:08:08,021 --> 00:08:09,189 You need to be in school, 172 00:08:09,222 --> 00:08:11,458 'cause you gonna get that football." 173 00:08:11,491 --> 00:08:13,827 - Malcolm had always wanted to 174 00:08:13,860 --> 00:08:16,363 follow in his brother's footsteps, 175 00:08:16,396 --> 00:08:20,266 and he was about to. 176 00:08:20,300 --> 00:08:24,537 Gang warfare explodes in Tulsa, and young Malcolm finds himself 177 00:08:24,571 --> 00:08:27,640 caught up in it. 178 00:08:27,674 --> 00:08:28,908 - These witnesses said that 179 00:08:28,942 --> 00:08:30,643 they saw Malcolm and De'Marchoe there, 180 00:08:30,677 --> 00:08:33,046 and they saw the shooting, they identified them. 181 00:08:33,046 --> 00:08:36,416 - Fingers are pointed at Malcolm and his friend. 182 00:08:36,449 --> 00:08:38,585 - Everything just froze. 183 00:08:38,618 --> 00:08:41,888 It's like time just suspended for a second. 184 00:08:41,921 --> 00:08:44,124 - I've seen faces and people was crying, 185 00:08:44,157 --> 00:08:45,792 but I didn't hear nothin'. 186 00:08:52,065 --> 00:08:56,670 ** 187 00:08:57,537 --> 00:09:00,006 Here's an inescapable fact of growing up 188 00:09:00,006 --> 00:09:02,876 in a violence-ridden, low-income community 189 00:09:02,909 --> 00:09:06,680 like north Tulsa then, and now: 190 00:09:06,713 --> 00:09:09,349 if you are a 17-year-old black teenager 191 00:09:09,382 --> 00:09:14,020 like Malcolm was in 1994, you're on the police's radar, 192 00:09:14,054 --> 00:09:16,690 whether you're in a gang or not. 193 00:09:16,723 --> 00:09:19,059 - I frequently heard complaints from kids about 194 00:09:19,092 --> 00:09:22,228 being arrested for no reason, being hassled, being stopped, 195 00:09:22,262 --> 00:09:24,931 being labeled gang members when they may have 196 00:09:25,031 --> 00:09:27,701 worn certain color. 197 00:09:27,734 --> 00:09:30,403 - Ziva Branstetter was an investigative crime reporter 198 00:09:30,437 --> 00:09:34,174 for the Tulsa World Newspaper for 22 years. 199 00:09:34,207 --> 00:09:38,044 - I think the vast majority were good cops doing their job, 200 00:09:38,044 --> 00:09:41,314 trying to keep up, going from call to call, 201 00:09:41,348 --> 00:09:44,084 but there were other reports of, um, you know, 202 00:09:44,117 --> 00:09:45,952 indiscriminate arrests. 203 00:09:46,052 --> 00:09:49,289 - Branstetter says that what she saw in Tulsa 204 00:09:49,322 --> 00:09:53,393 reflected the stark reality all across the country. 205 00:09:53,426 --> 00:09:56,763 - Tulsa was roughly 10%, um, African-American, 206 00:09:56,796 --> 00:10:00,066 but the arrest rate among African-Americans is about 43%. 207 00:10:00,100 --> 00:10:02,369 - If you were a kid back then, it was easier to grow up 208 00:10:02,402 --> 00:10:04,771 in south Tulsa than north Tulsa. - Absolutely. 209 00:10:04,804 --> 00:10:07,407 I raised two kids, oh, in south Tulsa, 210 00:10:07,440 --> 00:10:10,377 and, um, I didn't have to worry about my boys 211 00:10:10,410 --> 00:10:12,312 being pulled over for no reason. 212 00:10:12,345 --> 00:10:16,082 I didn't worry about, you know, the safety of-of my sons. 213 00:10:16,116 --> 00:10:18,952 - How bad was the gang problem in Tulsa then? 214 00:10:18,985 --> 00:10:21,688 - The gang problem was bad. People were afraid. 215 00:10:21,721 --> 00:10:25,225 There were reports regularly about Crips and Bloods warring, 216 00:10:25,258 --> 00:10:26,793 you know, the Tulsa police department 217 00:10:26,826 --> 00:10:30,130 was trying to deal with a very high violent crime rate, 218 00:10:30,163 --> 00:10:32,632 lot of guns in the street. 219 00:10:32,665 --> 00:10:35,101 - September 10th, 1994 220 00:10:35,135 --> 00:10:39,172 was just that kind of day in north Tulsa. 221 00:10:39,205 --> 00:10:45,779 Another drive-by shooting, another senseless death. 222 00:10:45,812 --> 00:10:49,683 This time, it was 19-year-old Karen Summers, 223 00:10:49,716 --> 00:10:52,752 the mother of a baby boy, who was gunned down 224 00:10:52,786 --> 00:10:54,020 at 2:30 in the morning 225 00:10:54,054 --> 00:10:57,524 as she was hanging with friends at a party. 226 00:10:57,557 --> 00:10:58,992 - Frankly, this kind of case, 227 00:10:59,025 --> 00:11:01,394 while it did involve a tragic loss of life 228 00:11:01,428 --> 00:11:04,864 of a young mother who was an innocent victim, 229 00:11:04,898 --> 00:11:07,267 it was not hi-highly unusual in Tulsa. 230 00:11:07,300 --> 00:11:11,137 - The murder had all the signs of a gang crime, 231 00:11:11,171 --> 00:11:13,907 and lots of Crips were at the party. 232 00:11:13,940 --> 00:11:15,141 So a day later, 233 00:11:15,175 --> 00:11:17,110 Tulsa homicide investigator Mike Huff 234 00:11:17,143 --> 00:11:19,746 paid a visit to Michael Wilson, 235 00:11:19,779 --> 00:11:22,349 a well-known member of the Bloods. 236 00:11:22,382 --> 00:11:26,419 Huff noticed a maroon sedan parked in Wilson's driveway. 237 00:11:26,453 --> 00:11:29,856 It matched the description of the drive-by car. 238 00:11:29,889 --> 00:11:31,224 - Mike Huff says, "Hey, I wanna talk to you 239 00:11:31,257 --> 00:11:33,159 about this shooting; what do you know?" 240 00:11:33,193 --> 00:11:36,563 And Michael is trying to hide a gun. 241 00:11:36,596 --> 00:11:38,331 Huff sees the gun and takes the gun. 242 00:11:38,365 --> 00:11:41,368 Ballistics tests showed that that was the gun that, 243 00:11:41,401 --> 00:11:43,970 you know, was used to kill Karen Summers. 244 00:11:44,004 --> 00:11:45,605 - It seemed damning, 245 00:11:45,638 --> 00:11:49,109 but Wilson told detectives he was hiding the gun 246 00:11:49,109 --> 00:11:51,811 for Malcolm's friend De'Marchoe 247 00:11:51,845 --> 00:11:55,148 and had given De'Marchoe the bullets. 248 00:11:55,181 --> 00:11:57,851 Wilson was arrested for holding the gun, 249 00:11:57,884 --> 00:12:00,186 but his story lined up with what police were hearing 250 00:12:00,220 --> 00:12:02,222 from two eyewitnesses. 251 00:12:02,255 --> 00:12:06,459 Malcolm and De'Marchoe killed Karen Summers. 252 00:12:06,493 --> 00:12:08,528 - These witnesses said that they saw 253 00:12:08,561 --> 00:12:09,629 Malcolm and De'Marchoe there. 254 00:12:09,662 --> 00:12:11,765 They saw the shooting. They identified them. 255 00:12:11,798 --> 00:12:15,368 - Suddenly Malcolm was in almost the same situation 256 00:12:15,402 --> 00:12:18,405 his brother had been in three years before, 257 00:12:18,438 --> 00:12:20,940 and telling a Tulsa homicide detective 258 00:12:20,974 --> 00:12:24,577 exactly the same thing, "I'm innocent." 259 00:12:24,611 --> 00:12:27,814 - I'm like, whoever, you know, is telling you this, 260 00:12:27,847 --> 00:12:29,949 t-they're obviously mistaken. 261 00:12:29,983 --> 00:12:32,185 I didn't have nothing to do with it. 262 00:12:32,218 --> 00:12:34,854 - But despite the fact that no physical evidence 263 00:12:34,888 --> 00:12:36,890 pointed to Malcolm and De'Marchoe, 264 00:12:36,923 --> 00:12:39,726 prosecutors believed they were the shooters. 265 00:12:39,759 --> 00:12:43,196 So they cut a deal with Michael Wilson. 266 00:12:43,229 --> 00:12:46,633 They allowed him to plead guilty to a lesser charge 267 00:12:46,666 --> 00:12:50,770 in exchange for testifying against Malcolm and De'Marchoe. 268 00:12:50,804 --> 00:12:54,641 At trial, the prosecution presented the two eyewitnesses 269 00:12:54,674 --> 00:12:56,943 and what Wilson had told them. 270 00:12:56,976 --> 00:12:58,678 Then De'Marchoe said 271 00:12:58,712 --> 00:13:01,881 the prosecutor approached him about a deal. 272 00:13:01,915 --> 00:13:05,518 "Say that Malcolm did it, and we'll cut you a break." 273 00:13:05,552 --> 00:13:09,222 - I thought that he was insane even asking me that. 274 00:13:09,255 --> 00:13:12,058 - You didn't even consider it. - No, definitely not. 275 00:13:12,058 --> 00:13:13,693 Why would I do that? 276 00:13:13,727 --> 00:13:17,530 Why would I throw him under the bus? 277 00:13:17,564 --> 00:13:19,966 - De'Marchoe turned down the deal. 278 00:13:20,066 --> 00:13:23,937 But just nine hours later, he stood horrified 279 00:13:23,970 --> 00:13:26,239 as the jury delivered its verdict. 280 00:13:26,272 --> 00:13:29,376 The two friends were both found guilty 281 00:13:29,409 --> 00:13:31,411 of 1st degree murder. 282 00:13:31,444 --> 00:13:32,979 - I couldn't hear nothing. 283 00:13:33,079 --> 00:13:35,115 I seen faces and people were crying, 284 00:13:35,148 --> 00:13:37,083 but I didn't hear nothing. 285 00:13:37,083 --> 00:13:39,719 - A judge sentenced Malcolm and De'Marchoe 286 00:13:39,753 --> 00:13:44,257 to life in prison plus 170 years. 287 00:13:44,290 --> 00:13:46,426 - Everything just froze. 288 00:13:46,459 --> 00:13:49,929 It's like... 289 00:13:49,963 --> 00:13:53,099 time just suspended for a second. 290 00:13:53,133 --> 00:13:56,202 - Malcolm thought of his older brother Corey. 291 00:13:56,236 --> 00:13:58,638 Now they were both serving life 292 00:13:58,672 --> 00:14:01,675 for murders they said they did not commit, 293 00:14:01,708 --> 00:14:04,944 but they were determined to stay strong 294 00:14:05,045 --> 00:14:08,281 and to help each other. 295 00:14:08,314 --> 00:14:11,084 - We basically had made a pact with each other. 296 00:14:11,117 --> 00:14:14,454 We said, man, whoever gets out of here first, 297 00:14:14,487 --> 00:14:17,223 better come get the other one. 298 00:14:17,257 --> 00:14:20,193 - The odds Malcolm and Corey could keep that promise 299 00:14:20,226 --> 00:14:22,128 were next to impossible. 300 00:14:22,162 --> 00:14:26,199 The road to freedom, if it ever came, would be long, 301 00:14:26,232 --> 00:14:29,869 filled with unexpected twists and revelations. 302 00:14:31,971 --> 00:14:34,574 - I just kind of imagine what it must-- 303 00:14:34,607 --> 00:14:37,911 you know, to be dropped in a hole 30 feet deep 304 00:14:37,944 --> 00:14:40,480 and good luck getting out. 305 00:14:40,513 --> 00:14:41,781 - A private investigator 306 00:14:41,815 --> 00:14:43,583 tracks down one of the eyewitnesses 307 00:14:43,616 --> 00:14:47,320 who ID'd Malcolm and De'Marchoe as the killers. 308 00:14:47,354 --> 00:14:49,389 - He couldn't even look me in the eye. 309 00:14:49,422 --> 00:14:51,725 He said, "man, I've been carrying around a burden. 310 00:14:51,758 --> 00:14:53,626 Those boys didn't do that." 311 00:14:59,366 --> 00:15:03,803 ** 312 00:15:04,537 --> 00:15:06,373 Corey Atchison had been in prison 313 00:15:06,406 --> 00:15:09,876 for 28 years when I sat down with him. 314 00:15:09,909 --> 00:15:12,045 He said he spent almost every day of it 315 00:15:12,045 --> 00:15:15,448 trying to prove his innocence. 316 00:15:15,482 --> 00:15:18,284 But he had exhausted his appeals 317 00:15:18,318 --> 00:15:21,421 and been denied parole five times. 318 00:15:21,454 --> 00:15:25,892 Was there a point over the last 20-plus years 319 00:15:25,925 --> 00:15:29,462 where you thought, "I'm gonna die here"? 320 00:15:29,496 --> 00:15:32,966 - Times when you get denied in court, 321 00:15:33,066 --> 00:15:34,434 you feel low. 322 00:15:34,467 --> 00:15:36,970 You just wanna say, give up sometimes. 323 00:15:37,070 --> 00:15:39,239 - What was your lowest point? 324 00:15:39,272 --> 00:15:41,307 - It would probably have been in situations 325 00:15:41,341 --> 00:15:44,411 when I wanted to be out there with my daughter 326 00:15:44,444 --> 00:15:47,514 and help her, and I couldn't. 327 00:15:47,547 --> 00:15:50,517 - Corey's daughter Courtney was born a couple of months 328 00:15:50,550 --> 00:15:53,520 after her father started his life sentence. 329 00:15:53,553 --> 00:15:56,556 - They sent me paperwork trying to forfeit my custody, 330 00:15:56,589 --> 00:16:00,326 saying I was unfit because I was in prison. 331 00:16:00,360 --> 00:16:06,166 And, uh, it felt like, uh, I was failing her. 332 00:16:10,236 --> 00:16:13,440 You know, it felt like it wasn't even my fault. 333 00:16:13,473 --> 00:16:16,910 - Corey felt that sense of failure and helplessness again 334 00:16:16,943 --> 00:16:18,578 when he heard about Malcolm. 335 00:16:18,611 --> 00:16:22,048 What did you think when you heard that your-- 336 00:16:22,082 --> 00:16:24,150 your brother was convicted? 337 00:16:24,184 --> 00:16:27,620 - My first thought was, like, this is my fault, 338 00:16:27,654 --> 00:16:30,056 because he followed in my footsteps. 339 00:16:30,056 --> 00:16:32,592 It felt like this is my child 340 00:16:32,625 --> 00:16:34,527 being taken away. 341 00:16:34,561 --> 00:16:36,262 - Did you know that your brother told us 342 00:16:36,296 --> 00:16:39,899 that he feels partly responsible 343 00:16:39,933 --> 00:16:42,569 for you going to prison? 344 00:16:42,602 --> 00:16:45,205 - I mean, there's no blame on my brother at all. 345 00:16:45,238 --> 00:16:48,274 And I definitely can't hold him responsible 346 00:16:48,308 --> 00:16:51,378 for something that I didn't even do myself. 347 00:16:51,411 --> 00:16:52,979 - When Malcolm entered prison, 348 00:16:53,079 --> 00:16:56,483 he thought he'd get out as soon as he filed his first appeal. 349 00:16:56,516 --> 00:16:58,485 Then his second. 350 00:16:58,518 --> 00:16:59,886 And third. 351 00:16:59,919 --> 00:17:03,857 - Denied. Denied. Denied. 352 00:17:03,890 --> 00:17:06,659 - So Malcolm and his friend De'Marchoe 353 00:17:06,693 --> 00:17:08,628 started writing letters. 354 00:17:08,661 --> 00:17:10,096 - Who'd you write to? 355 00:17:10,130 --> 00:17:13,133 - Anybody in the legal field that you could think of. 356 00:17:13,166 --> 00:17:15,201 - What would you say in these letters? 357 00:17:15,235 --> 00:17:17,037 - I'm an innocent man. 358 00:17:17,037 --> 00:17:19,673 You know, I just need somebody 359 00:17:19,706 --> 00:17:22,742 to look at this case, and they will see. 360 00:17:22,776 --> 00:17:24,611 - They wrote thousands of letters 361 00:17:24,644 --> 00:17:28,882 day after day for 11 years. 362 00:17:28,915 --> 00:17:31,351 Finally, in 2006 363 00:17:31,384 --> 00:17:33,620 private investigator Eric Cullen, 364 00:17:33,653 --> 00:17:36,823 the son of a Tulsa homicide detective, 365 00:17:36,856 --> 00:17:38,224 took on the case. 366 00:17:38,258 --> 00:17:41,127 - I kind of describe Malcolm and De'Marchoe's letters 367 00:17:41,161 --> 00:17:44,130 as kinda scratches on a wall. 368 00:17:44,164 --> 00:17:46,132 I just kind of imagine what it must be-- 369 00:17:46,166 --> 00:17:49,302 you know, to be dropped in a hole 30 feet deep 370 00:17:49,336 --> 00:17:52,672 a-and good luck getting out. 371 00:17:52,706 --> 00:17:55,575 There's no such thing as a criminal justice system. 372 00:17:55,608 --> 00:17:58,078 It's just a system. It's not always fair. 373 00:17:58,111 --> 00:18:00,146 And it's not always right. 374 00:18:00,180 --> 00:18:02,682 - Cullen tracked down the first eyewitness 375 00:18:02,716 --> 00:18:04,884 who identified Malcolm and De'Marchoe 376 00:18:04,918 --> 00:18:06,453 as the killers. 377 00:18:06,486 --> 00:18:08,388 - And he couldn't even look me in the eye. 378 00:18:08,421 --> 00:18:10,423 He said, "Man, I got-I got-- 379 00:18:10,457 --> 00:18:12,359 "I've been carrying around a burden. 380 00:18:12,392 --> 00:18:15,495 "Man, t-those boys didn't do that." 381 00:18:15,528 --> 00:18:18,865 - The man told Cullen he'd shot at the drive-by car 382 00:18:18,898 --> 00:18:20,266 as it sped away 383 00:18:20,300 --> 00:18:22,135 and claimed that detectives 384 00:18:22,168 --> 00:18:24,037 threatened to put him behind bars 385 00:18:24,037 --> 00:18:26,039 for firing his weapon 386 00:18:26,039 --> 00:18:29,275 if he didn't testify against Malcolm and De'Marchoe. 387 00:18:29,309 --> 00:18:31,845 - He says that they told him 388 00:18:31,878 --> 00:18:33,446 he could be charged with felony murder 389 00:18:33,480 --> 00:18:35,415 for firing that gun, 390 00:18:35,448 --> 00:18:37,717 and that it might've been him that killed Karen Summers, 391 00:18:37,751 --> 00:18:38,818 who knows? 392 00:18:38,852 --> 00:18:40,453 - Now that he was making progress, 393 00:18:40,487 --> 00:18:42,322 Cullen needed help. 394 00:18:42,355 --> 00:18:44,824 So he turned to someone who's been a champion 395 00:18:44,858 --> 00:18:47,560 against wrongful convictions for years: 396 00:18:47,594 --> 00:18:49,329 Tiffany Murphy then the director 397 00:18:49,362 --> 00:18:51,731 of the Oklahoma Innocence Project. 398 00:18:51,765 --> 00:18:53,366 It wasn't the first time 399 00:18:53,400 --> 00:18:56,703 a Tulsa case had landed on Murphy's desk. 400 00:18:56,736 --> 00:18:58,972 - I was seeing a lot of cases 401 00:18:59,072 --> 00:19:02,575 where there were no facts that supported 402 00:19:02,609 --> 00:19:04,844 what I was seeing on these convictions. 403 00:19:04,878 --> 00:19:08,581 When you're seeing that lack over time 404 00:19:08,615 --> 00:19:12,485 involving the same departments, sheriff's office, 405 00:19:12,519 --> 00:19:14,854 police department, prosecutor's office, 406 00:19:14,888 --> 00:19:18,124 that's what really bothered me. 407 00:19:18,158 --> 00:19:19,359 - Cullen and the Innocence team 408 00:19:19,392 --> 00:19:21,261 tracked down the second eyewitness 409 00:19:21,294 --> 00:19:24,364 who'd testified he'd seen Malcolm and De'Marchoe. 410 00:19:24,397 --> 00:19:28,401 But police records showed he had been shot in the buttocks 411 00:19:28,435 --> 00:19:30,203 and his back was turned. 412 00:19:30,236 --> 00:19:31,371 - Common sense tells you, 413 00:19:31,404 --> 00:19:33,139 if you got shut in the butt, you were running away, 414 00:19:33,173 --> 00:19:36,109 you're not gonna be able to see anything. 415 00:19:36,142 --> 00:19:38,378 - The eyewitness recanted. 416 00:19:38,411 --> 00:19:41,081 And he claimed detectives had coerced 417 00:19:41,114 --> 00:19:43,116 his testimony, too. 418 00:19:43,149 --> 00:19:44,517 - This is a kid who got pressured 419 00:19:44,551 --> 00:19:46,686 into saying something he did not see. 420 00:19:46,720 --> 00:19:48,121 I was just watching him, 421 00:19:48,154 --> 00:19:50,056 and I could tell, this was a man 422 00:19:50,090 --> 00:19:53,927 who was remembering something that was extremely traumatic. 423 00:19:53,960 --> 00:19:56,062 And as a Black woman, I get that. 424 00:19:56,096 --> 00:19:59,065 I understand that, you know. 425 00:19:59,065 --> 00:20:02,135 The fear of the police is a real thing. 426 00:20:02,168 --> 00:20:05,205 - Now only one of the prosecution's 427 00:20:05,238 --> 00:20:08,308 key witnesses remained, Michael Wilson. 428 00:20:08,341 --> 00:20:10,777 - Michael is it. Whatever he had to say 429 00:20:10,810 --> 00:20:13,613 had to kind of tie everything together. 430 00:20:13,646 --> 00:20:18,218 - And the team knew exactly where to find Michael Wilson, 431 00:20:18,251 --> 00:20:20,487 on death row. 432 00:20:22,822 --> 00:20:25,558 - My name is Michael Lee Wilson. 433 00:20:25,592 --> 00:20:27,627 - I was incredibly nervous, 434 00:20:27,660 --> 00:20:29,662 because I knew what was on the line 435 00:20:29,696 --> 00:20:31,231 for Malcolm and De'Marchoe. 436 00:20:31,264 --> 00:20:34,234 - Michael Wilson's jaw-dropping admission. 437 00:20:34,267 --> 00:20:36,136 - I wasn't trying to shoot Karen Summers. 438 00:20:36,169 --> 00:20:38,371 She was at the wrong place at the wrong time. 439 00:20:38,405 --> 00:20:41,474 - And what he has to say about the police. 440 00:20:41,508 --> 00:20:42,442 - He asked me, 441 00:20:42,475 --> 00:20:44,144 "did De'Marchoe Carpenter give you a gun?" 442 00:20:44,177 --> 00:20:45,779 I said, "yes." 443 00:20:45,812 --> 00:20:47,814 That's what I had to say, and that's what-- 444 00:20:47,847 --> 00:20:49,916 [scoffs] They let me out. 445 00:20:49,949 --> 00:20:51,151 It kinda blew me away 446 00:20:51,184 --> 00:20:53,987 that I got caught with the gun, and they just let me go. 447 00:21:00,226 --> 00:21:03,530 ** 448 00:21:04,497 --> 00:21:07,067 Welcome back to "Dateline: Secrets Uncovered." 449 00:21:07,100 --> 00:21:08,401 I'm Craig Melvin. 450 00:21:08,435 --> 00:21:10,470 Malcolm Scott and De'Marchoe Carpenter 451 00:21:10,503 --> 00:21:12,572 were both serving life sentences 452 00:21:12,605 --> 00:21:16,209 for a murder they insisted they did not commit. 453 00:21:16,242 --> 00:21:17,644 Nearly two decades later, 454 00:21:17,677 --> 00:21:19,646 with help from a private investigator, 455 00:21:19,679 --> 00:21:22,716 the race was now on to prove their innocence, 456 00:21:22,749 --> 00:21:25,085 and time was critical, 457 00:21:25,118 --> 00:21:28,755 because the key witness's days were numbered. 458 00:21:28,788 --> 00:21:32,525 Back to The Long Road to Freedom. 459 00:21:32,559 --> 00:21:35,662 By 2013, Malcolm had been in prison 460 00:21:35,695 --> 00:21:37,364 for 19 years, 461 00:21:37,397 --> 00:21:40,233 his brother Corey for 22. 462 00:21:40,266 --> 00:21:42,135 - You ready to go, Mama? - Ready to go? 463 00:21:42,168 --> 00:21:45,105 - The days when their mom Ruthella came to visit 464 00:21:45,138 --> 00:21:46,740 helped them hold on. 465 00:21:46,773 --> 00:21:49,642 The brothers drew strength from her. 466 00:21:49,676 --> 00:21:52,679 - Man, that lady been right there. 467 00:21:52,712 --> 00:21:55,682 I never had to wonder if she still cared 468 00:21:55,715 --> 00:21:57,851 or if she was still fighting for me, 469 00:21:57,884 --> 00:22:00,653 still believing in me, still praying on me. 470 00:22:00,687 --> 00:22:02,522 - And Malcolm was hopeful 471 00:22:02,555 --> 00:22:05,392 his mom's prayers would be answered. 472 00:22:05,425 --> 00:22:08,528 Two prosecution witnesses had told his investigative team 473 00:22:08,561 --> 00:22:11,631 that their testimony was a lie. 474 00:22:11,664 --> 00:22:14,401 That left Michael Wilson, the man who told police 475 00:22:14,434 --> 00:22:16,670 he'd given De'Marchoe bullets 476 00:22:16,703 --> 00:22:19,806 and hid the murder weapon for him. 477 00:22:19,839 --> 00:22:21,641 If he recanted too, 478 00:22:21,675 --> 00:22:24,744 Malcolm thought they had a chance. 479 00:22:24,778 --> 00:22:27,881 But Michael Wilson refused to talk, 480 00:22:27,914 --> 00:22:30,083 and he had a good reason. 481 00:22:30,083 --> 00:22:33,553 He was on death row for the 1995 murder 482 00:22:33,586 --> 00:22:35,488 of a convenience store manager. 483 00:22:35,522 --> 00:22:38,858 Wilson, seen here in this surveillance video 484 00:22:38,892 --> 00:22:41,895 while he committed the crime, was appealing, 485 00:22:41,928 --> 00:22:43,463 hoping he'd get a lesser sentence 486 00:22:43,496 --> 00:22:45,465 of life without parole. 487 00:22:45,498 --> 00:22:47,701 - If Michael had-- had been executed 488 00:22:47,734 --> 00:22:50,937 without talking to us, we don't have a case. 489 00:22:50,970 --> 00:22:52,739 We don't have enough 490 00:22:52,772 --> 00:22:55,975 with what we've got so far to win. 491 00:22:56,009 --> 00:22:58,178 - I'm hoping that someone can help me-- 492 00:22:58,211 --> 00:23:00,814 - But De'Marchoe wasn't ready to give up. 493 00:23:00,847 --> 00:23:04,918 - Shoutout to President Obama, Russell Simmons, 494 00:23:04,951 --> 00:23:08,722 Kevin Durant, Blake Griffin, Ice Cube, Shaquille O'Neal-- 495 00:23:08,755 --> 00:23:10,190 - So you started making videos-- 496 00:23:10,223 --> 00:23:11,558 - Yeah. - From in prison. 497 00:23:11,591 --> 00:23:12,592 - Yes. 498 00:23:12,625 --> 00:23:14,894 - The last I'd checked, you-you weren't supposed 499 00:23:14,928 --> 00:23:16,396 to have cell phones in prison. 500 00:23:16,429 --> 00:23:18,765 - No, but I had to do what I had to do 501 00:23:18,798 --> 00:23:20,967 to try to regain my freedom. 502 00:23:21,067 --> 00:23:23,203 I felt like I had to take this risk. 503 00:23:23,236 --> 00:23:25,605 - While Malcolm and De'Marchoe waited, 504 00:23:25,638 --> 00:23:30,710 Wilson lost his final appeal on January 2nd, 2014. 505 00:23:30,744 --> 00:23:33,713 He was set to die by lethal injection 506 00:23:33,747 --> 00:23:35,315 a week later. 507 00:23:35,348 --> 00:23:38,251 And then, the phone rang. 508 00:23:38,284 --> 00:23:40,520 It was Wilson's lawyer. 509 00:23:40,553 --> 00:23:43,423 - And so she said to us if you want to talk to him, 510 00:23:43,456 --> 00:23:45,792 this is the window you got. 511 00:23:45,825 --> 00:23:47,293 And it was literally I think 512 00:23:47,327 --> 00:23:49,529 48 hours before his execution. 513 00:23:49,562 --> 00:23:52,198 - My name is Michael Lee Wilson. 514 00:23:52,232 --> 00:23:54,934 - When Murphy met with Wilson in a death row visiting room, 515 00:23:54,968 --> 00:23:57,404 a video camera was rolling. 516 00:23:57,437 --> 00:24:00,340 - I was incredibly nervous because I knew 517 00:24:00,373 --> 00:24:03,043 what was on the line for Malcolm and De'Marchoe. 518 00:24:03,076 --> 00:24:06,880 - Now what might be their last chance at freedom 519 00:24:06,913 --> 00:24:09,416 came down to whether a condemned man 520 00:24:09,449 --> 00:24:11,751 would decide to come clean. 521 00:24:11,785 --> 00:24:14,554 Within minutes, he did. 522 00:24:14,587 --> 00:24:16,756 - I wasn't trying to shoot Karen Summers. 523 00:24:16,790 --> 00:24:19,793 I was just-- she was one of those type of things, 524 00:24:19,826 --> 00:24:21,461 you know, and she was in the wrong place 525 00:24:21,494 --> 00:24:22,862 at the wrong time. 526 00:24:22,896 --> 00:24:25,465 - Wilson confessed to killing Karen Summers 527 00:24:25,498 --> 00:24:27,834 and even said he thought it was all over 528 00:24:27,867 --> 00:24:31,705 when police actually caught him with the gun he used. 529 00:24:31,738 --> 00:24:35,075 - It kinda blew me away that I got caught with a gun 530 00:24:35,075 --> 00:24:36,476 and they just let me go. 531 00:24:36,509 --> 00:24:38,678 All I know is I had a murder weapon on me 532 00:24:38,712 --> 00:24:39,846 and they let me go. 533 00:24:39,879 --> 00:24:41,815 - Wilson said it seemed 534 00:24:41,848 --> 00:24:44,284 the detective had already made up his mind 535 00:24:44,317 --> 00:24:46,853 that Malcolm and De'Marchoe were the killers 536 00:24:46,886 --> 00:24:49,089 and he just played along. 537 00:24:49,122 --> 00:24:51,424 - All I had to do was answer the questions yes or no. 538 00:24:51,458 --> 00:24:53,093 Did I give some bullets to Malcolm-- 539 00:24:53,093 --> 00:24:54,461 I mean, to De'Marchoe Carpenter? 540 00:24:54,494 --> 00:24:55,729 I said yes. 541 00:24:55,762 --> 00:24:56,930 - Did De'Marchoe give you a gun? 542 00:24:56,963 --> 00:24:58,798 - No, he didn't give me a gun. 543 00:24:58,832 --> 00:25:00,200 That's-- he asked me, "did De'Marchoe Carpenter 544 00:25:00,233 --> 00:25:03,169 give you a gun?" I said yes. 545 00:25:03,203 --> 00:25:04,871 That's what I had to say in that-- 546 00:25:04,904 --> 00:25:07,273 [scoffs] They let me out. 547 00:25:07,307 --> 00:25:09,275 - And that's why he was free 548 00:25:09,309 --> 00:25:11,678 to kill that convenience store manager, 549 00:25:11,711 --> 00:25:14,614 a murder that never would have happened 550 00:25:14,647 --> 00:25:16,049 had Wilson been in jail 551 00:25:16,049 --> 00:25:18,618 and charged with Karen Summers' death. 552 00:25:18,651 --> 00:25:20,653 - You have people who would be alive, 553 00:25:20,687 --> 00:25:22,889 families not affected, 554 00:25:22,922 --> 00:25:25,692 not destroyed by this horrible crime, 555 00:25:25,725 --> 00:25:29,629 that doesn't happen if he's arrested for this. 556 00:25:29,662 --> 00:25:33,066 - Malcolm got the call soon after Wilson's confession. 557 00:25:33,099 --> 00:25:36,603 It was all there, captured on video. 558 00:25:36,636 --> 00:25:38,505 - De'Marchoe Carpenter and Malcolm Scott are innocent. 559 00:25:38,538 --> 00:25:40,273 They didn't do this crime. 560 00:25:40,306 --> 00:25:42,709 - The words he'd ached to hear 561 00:25:42,742 --> 00:25:45,378 for 20 long years. 562 00:25:45,412 --> 00:25:48,415 [sniffling] 563 00:25:49,516 --> 00:25:52,819 - I stood on my faith. 564 00:25:52,852 --> 00:25:55,155 I stood on my faith. 565 00:25:55,188 --> 00:25:57,323 - You never lost that faith. 566 00:25:57,357 --> 00:25:59,626 - I refused to let it go. 567 00:25:59,659 --> 00:26:02,529 - The team presented its evidence to a judge. 568 00:26:02,562 --> 00:26:04,698 But police and prosecutors denied 569 00:26:04,731 --> 00:26:06,466 they coerced any witnesses 570 00:26:06,499 --> 00:26:10,937 and insisted that what Wilson had said on that video 571 00:26:11,037 --> 00:26:12,505 was a lie. 572 00:26:12,539 --> 00:26:13,873 - The police, from their standpoint 573 00:26:13,907 --> 00:26:16,076 and the prosecutors, say this guy's gonna die, 574 00:26:16,109 --> 00:26:18,878 so if he goes out and helps two of his, you know, 575 00:26:18,912 --> 00:26:21,781 neighborhood friends, what has he got to lose? 576 00:26:21,815 --> 00:26:25,151 - Would Malcolm and De'Marchoe have a shot at freedom? 577 00:26:25,185 --> 00:26:28,421 It was all up to the judge now. 578 00:26:30,056 --> 00:26:33,126 - If I have to die in this situation, 579 00:26:33,159 --> 00:26:35,862 let it be said that I died 580 00:26:35,895 --> 00:26:38,865 trying to prove that I was an innocent man. 581 00:26:38,898 --> 00:26:41,067 - And... - Twice is a pattern, 582 00:26:41,067 --> 00:26:42,669 a pattern of conduct, 583 00:26:42,702 --> 00:26:46,106 a pattern of how to gain a conviction. 584 00:26:46,139 --> 00:26:48,341 - A fresh look at Corey's case, 585 00:26:48,375 --> 00:26:51,911 including new evidence from three eyewitnesses. 586 00:26:51,945 --> 00:26:54,848 - They all describe someone 5'7"-ish, 587 00:26:54,881 --> 00:26:56,649 that was an a-ha moment, 588 00:26:56,683 --> 00:26:59,119 'cause Corey Atchison's 6'2". 589 00:26:59,152 --> 00:27:01,888 No one is going to misinterpret Corey Atchison 590 00:27:01,921 --> 00:27:04,691 for being 5'7", okay? 591 00:27:10,597 --> 00:27:15,301 ** 592 00:27:16,169 --> 00:27:20,173 - Tulsa County courthouse, May 9th, 2016, 593 00:27:20,206 --> 00:27:24,077 a day almost 22 years in the making. 594 00:27:24,110 --> 00:27:25,412 The last time Malcolm and De'Marchoe 595 00:27:25,445 --> 00:27:27,047 faced a judge here, 596 00:27:27,047 --> 00:27:29,115 they were sentenced to life in prison. 597 00:27:29,149 --> 00:27:33,586 Now they hoped another judge would set them free. 598 00:27:33,620 --> 00:27:36,623 - If I have to die in this situation, 599 00:27:36,656 --> 00:27:38,525 let it be said that I died 600 00:27:38,558 --> 00:27:43,096 trying to prove that I was an innocent man. 601 00:27:43,129 --> 00:27:46,633 Never that I gave up. Never. 602 00:27:46,666 --> 00:27:49,636 - The judge agreed with Malcolm and De'Marchoe 603 00:27:49,669 --> 00:27:51,938 that police pressured witnesses 604 00:27:51,971 --> 00:27:55,775 and that Wilson's video confession was credible. 605 00:27:55,809 --> 00:27:57,477 - They didn't do this crime. 606 00:27:57,510 --> 00:27:59,779 - Malcolm and De'Marchoe, she declared, 607 00:27:59,813 --> 00:28:05,652 were actually innocent of the murder of Karen Summers. 608 00:28:05,685 --> 00:28:07,320 [laughter] 609 00:28:07,354 --> 00:28:09,255 - You remember that morning you got out? 610 00:28:09,289 --> 00:28:12,292 - I remember the skies was beautiful. 611 00:28:12,325 --> 00:28:16,029 I looked up, and it was right there, the sun. 612 00:28:16,029 --> 00:28:18,932 It was finally beaming on me. 613 00:28:19,032 --> 00:28:22,435 - The first thing Malcolm did as a free man, he says, 614 00:28:22,469 --> 00:28:24,704 was to let go of his anger. 615 00:28:24,738 --> 00:28:27,774 - I had to free my mind. I had to free my heart. 616 00:28:27,807 --> 00:28:30,210 That felt good. 617 00:28:30,243 --> 00:28:32,679 - 20 years later, what do you do now? 618 00:28:32,712 --> 00:28:36,049 - Heh, oh, man, I don't-- I'm not sure yet. 619 00:28:36,049 --> 00:28:37,217 [laughing] No, but I know 620 00:28:37,250 --> 00:28:39,185 I'm gonna go get an education. 621 00:28:39,219 --> 00:28:40,820 [laughter] 622 00:28:40,854 --> 00:28:43,590 - Actually, before he did anything, 623 00:28:43,623 --> 00:28:45,859 he called his brother Corey. 624 00:28:45,892 --> 00:28:47,594 - He said, "bro, it's over with," 625 00:28:47,627 --> 00:28:49,896 and I cried, like, tears of joy. 626 00:28:49,929 --> 00:28:51,598 I felt like I was getting released. 627 00:28:51,631 --> 00:28:55,802 It's like a burden being off my shoulders. 628 00:28:55,835 --> 00:29:00,540 Even if, uh, it don't ever happen for me, 629 00:29:00,573 --> 00:29:03,877 you know, I'm happy that it happened for him. 630 00:29:03,910 --> 00:29:06,680 - Remember, they had a pact. 631 00:29:06,713 --> 00:29:09,816 First one out gets the other one out. 632 00:29:09,849 --> 00:29:12,052 - When I talked to my attorneys off the top, 633 00:29:12,085 --> 00:29:14,287 you know, what can we do about getting my brother out? 634 00:29:14,320 --> 00:29:16,790 - They're like, "man, you haven't even enjoyed 635 00:29:16,823 --> 00:29:20,160 being home yourself." 636 00:29:20,193 --> 00:29:23,029 I won't be completely able to. 637 00:29:23,063 --> 00:29:25,031 I need him home. 638 00:29:25,031 --> 00:29:27,267 - Private investigator Eric Cullen 639 00:29:27,300 --> 00:29:30,103 was now working on Corey's case, 640 00:29:30,136 --> 00:29:32,806 and as he pored over police and court records, 641 00:29:32,839 --> 00:29:35,875 he noticed that just like with Malcolm, 642 00:29:35,909 --> 00:29:39,379 there were several allegations of coercing witnesses. 643 00:29:39,412 --> 00:29:42,048 - Must investigators don't believe in coincidence. 644 00:29:42,048 --> 00:29:45,518 And I did not believe that was a coincidence. 645 00:29:45,552 --> 00:29:49,055 - Cullen teamed up with defense lawyer Joe Norwood, 646 00:29:49,089 --> 00:29:51,658 and he discovered a 15 year old 647 00:29:51,691 --> 00:29:53,593 testifying at a preliminary hearing 648 00:29:53,626 --> 00:29:57,063 claimed police had threatened him with jail time 649 00:29:57,063 --> 00:30:00,066 if he did not say Corey was the shooter. 650 00:30:00,100 --> 00:30:01,801 - Partway through his testimony, 651 00:30:01,835 --> 00:30:04,571 he goes, "you know what? I can't do this. 652 00:30:04,604 --> 00:30:07,140 "What I just testified to isn't the truth. 653 00:30:07,173 --> 00:30:09,876 "I was told to say it by these detectives. 654 00:30:09,909 --> 00:30:11,811 I didn't see Corey do anything." 655 00:30:11,845 --> 00:30:13,780 - Next, Norwood tracked down 656 00:30:13,813 --> 00:30:16,116 the prosecution's star witness, 657 00:30:16,149 --> 00:30:17,484 Doane Thomas, 658 00:30:17,517 --> 00:30:20,353 and he told them he had lied too 659 00:30:20,387 --> 00:30:22,555 when he identified Corey as the killer. 660 00:30:22,589 --> 00:30:25,692 - Doane Thomas's claim is that the police 661 00:30:25,725 --> 00:30:27,127 pressured him to say it, 662 00:30:27,160 --> 00:30:29,863 and then the prosecutor Tim Harris 663 00:30:29,896 --> 00:30:34,067 got him through the trial, getting him to say it. 664 00:30:34,100 --> 00:30:36,302 - Then there was Corey's friend 665 00:30:36,336 --> 00:30:37,804 who had been with him the night of the shooting, 666 00:30:37,837 --> 00:30:41,508 Ben King, the one who said in that interrogation video 667 00:30:41,541 --> 00:30:43,076 that Corey did it. 668 00:30:43,109 --> 00:30:46,579 But King said he had told police twice before 669 00:30:46,613 --> 00:30:48,882 that Corey did not do it. 670 00:30:48,915 --> 00:30:50,150 - I kept telling 'em, he didn't do it, 671 00:30:50,183 --> 00:30:52,686 he didn't do it. Corey didn't do it. 672 00:30:52,719 --> 00:30:54,120 They didn't want to hear that. 673 00:30:54,154 --> 00:30:56,056 They didn't want to hear the truth. 674 00:30:56,089 --> 00:30:58,191 - And when police brought him in a third time 675 00:30:58,224 --> 00:30:59,793 and pressured him again, 676 00:30:59,826 --> 00:31:03,496 King said he'd had enough and just wanted to leave. 677 00:31:03,530 --> 00:31:04,831 - They wouldn't let me go, 678 00:31:04,864 --> 00:31:07,067 and I didn't have an attorney or nothing. 679 00:31:07,067 --> 00:31:09,969 After being down there nine, ten hours, all day, 680 00:31:10,070 --> 00:31:12,205 I thought, well, I've been telling the truth. 681 00:31:12,238 --> 00:31:13,373 He didn't do it. 682 00:31:13,406 --> 00:31:18,211 So I thought, well, I'll tell 'em a lie and go home. 683 00:31:18,244 --> 00:31:20,547 - King said that when prosecutor Tim Harris 684 00:31:20,580 --> 00:31:25,251 asked him to testify against Corey at trial, he refused. 685 00:31:25,285 --> 00:31:28,421 - Tim Harris kept trying to get me to say he did it. 686 00:31:28,455 --> 00:31:30,323 And I wouldn't do it, so then that's-- 687 00:31:30,357 --> 00:31:31,758 like, that's when they went in there 688 00:31:31,791 --> 00:31:33,760 and brought that tape in there and played it. 689 00:31:33,793 --> 00:31:35,829 And I told 'em that was a lie. It was a lie. 690 00:31:35,862 --> 00:31:37,364 It was the police's words, not mine. 691 00:31:37,397 --> 00:31:39,132 It was coerced. 692 00:31:39,165 --> 00:31:41,668 - To Norwood, that parallels between 693 00:31:41,701 --> 00:31:45,505 Malcolm's and Corey's cases were unmistakable. 694 00:31:45,538 --> 00:31:47,173 - These teenagers were threatened 695 00:31:47,207 --> 00:31:49,976 with being charged themselves 696 00:31:50,010 --> 00:31:51,111 if they didn't say 697 00:31:51,111 --> 00:31:54,581 what the detectives wanted them to say. 698 00:31:54,614 --> 00:31:57,817 You know, once... [sighs] 699 00:31:57,851 --> 00:31:59,252 twice is a pattern, 700 00:31:59,285 --> 00:32:01,054 a pattern of conduct, 701 00:32:01,054 --> 00:32:05,091 a pattern of how to gain a conviction. 702 00:32:05,125 --> 00:32:06,526 - But in Corey's case, 703 00:32:06,559 --> 00:32:09,529 it wasn't just allegations of coercion. 704 00:32:09,562 --> 00:32:12,699 Norwood found three different eyewitnesses 705 00:32:12,732 --> 00:32:16,603 who told police someone else was the shooter. 706 00:32:16,636 --> 00:32:19,339 None of them testified at Corey's trial. 707 00:32:19,372 --> 00:32:20,440 - They all describe 708 00:32:20,473 --> 00:32:23,109 the exact same physical appearance of someone, 709 00:32:23,143 --> 00:32:26,312 5'7"-ish, 150-ish. 710 00:32:26,346 --> 00:32:28,248 That was an a-ha moment, 711 00:32:28,281 --> 00:32:30,417 'cause Corey Atchison's 6'2". 712 00:32:30,450 --> 00:32:32,318 He's a big dude. 713 00:32:32,352 --> 00:32:35,155 No one is going to misinterpret Corey Atchison 714 00:32:35,188 --> 00:32:38,725 for being 5'7", 150, okay? 715 00:32:38,758 --> 00:32:40,293 - Given all this new evidence, 716 00:32:40,326 --> 00:32:44,230 Malcolm thought his brother finally had a chance 717 00:32:45,298 --> 00:32:47,867 - What's up, bro? 718 00:32:47,901 --> 00:32:49,536 - Every time I talk to you, you know, like, 719 00:32:49,569 --> 00:32:52,105 when we-when we were talking about you, 720 00:32:52,105 --> 00:32:54,607 you coming home, I'm like, 721 00:32:54,641 --> 00:32:56,476 I was just on the other side, 722 00:32:56,509 --> 00:32:58,111 you know what I'm saying? 723 00:33:02,082 --> 00:33:04,250 - This call will be terminated in two minutes. 724 00:33:07,220 --> 00:33:08,888 - Right. That's what it is. 725 00:33:08,922 --> 00:33:10,256 One little piece at a time, man. 726 00:33:10,290 --> 00:33:11,791 And every little step we take here 727 00:33:11,825 --> 00:33:14,961 is gonna get us to that final-- that big goal, 728 00:33:15,061 --> 00:33:16,763 you know what I mean, to that big one 729 00:33:16,796 --> 00:33:19,065 that we're reaching for. - Yeah. 730 00:33:19,065 --> 00:33:22,235 - Will Corey and Malcolm finally reunite? 731 00:33:26,306 --> 00:33:28,074 You know there are also other witnesses 732 00:33:28,074 --> 00:33:30,443 who recanted. 733 00:33:30,477 --> 00:33:32,345 - I don't know that. Okay? 734 00:33:32,379 --> 00:33:34,114 I don't know who said what. 735 00:33:34,147 --> 00:33:38,318 - The DA in Corey's case faces some questions. 736 00:33:38,351 --> 00:33:40,520 But you could see how someone would say 737 00:33:40,553 --> 00:33:43,356 you've got several witnesses all saying 738 00:33:43,390 --> 00:33:45,091 their testimony was coerced. 739 00:33:45,125 --> 00:33:46,393 Can they all be lying? 740 00:33:46,426 --> 00:33:48,361 - If they're present at the scene, 741 00:33:48,395 --> 00:33:50,764 and they're saying Mr. Atchison was not the shooter, 742 00:33:50,797 --> 00:33:52,365 then tell me who is. 743 00:33:52,399 --> 00:33:55,835 - When "Dateline: Secrets Uncovered" continues. 744 00:34:02,308 --> 00:34:03,410 - Welcome back. 745 00:34:03,443 --> 00:34:05,712 After more than two decades behind bars, 746 00:34:05,745 --> 00:34:08,048 Malcolm Scott and De'Marchoe Carpenter 747 00:34:08,081 --> 00:34:11,051 were declared innocent of committing murder, 748 00:34:11,051 --> 00:34:12,786 their defense team having proved 749 00:34:12,819 --> 00:34:15,655 a pattern of police coercion. 750 00:34:15,689 --> 00:34:17,924 But Malcolm's brother Corey was still in prison 751 00:34:17,957 --> 00:34:20,226 for 28 long years, 752 00:34:20,260 --> 00:34:22,162 and it was all about to boil down 753 00:34:22,195 --> 00:34:23,863 to a single moment 754 00:34:23,897 --> 00:34:26,666 when a judge would declare his fate. 755 00:34:26,700 --> 00:34:33,773 Now the conclusion of The Long Road to Freedom. 756 00:34:33,807 --> 00:34:35,909 - Is this-- is it gonna happen this time? 757 00:34:35,942 --> 00:34:38,144 Just thinking about everything. 758 00:34:38,178 --> 00:34:41,348 - It's one day before a judge will decide 759 00:34:41,381 --> 00:34:43,616 whether 47-year-old Corey Atchison 760 00:34:43,650 --> 00:34:45,752 becomes a free man 761 00:34:45,785 --> 00:34:50,190 or spends the rest of his life in prison. 762 00:34:50,223 --> 00:34:51,758 But even if Corey gets out, 763 00:34:51,791 --> 00:34:54,861 life will not be easy. 764 00:34:54,894 --> 00:34:56,162 Take De'Marchoe. 765 00:34:56,196 --> 00:34:58,098 What's it been like being on the outside? 766 00:34:58,131 --> 00:35:00,166 - It's been a struggle. 767 00:35:00,200 --> 00:35:02,268 You know, I'm still trying to figure out 768 00:35:02,302 --> 00:35:04,137 who I am and what I want to do. 769 00:35:04,170 --> 00:35:07,507 You know, I missed out on so much. 770 00:35:07,540 --> 00:35:10,944 - Malcolm on the other hand has adjusted well. 771 00:35:11,044 --> 00:35:14,614 He lives in Texas, where he works as a personal trainer, 772 00:35:14,647 --> 00:35:17,317 and he's in love. 773 00:35:17,350 --> 00:35:20,286 But Malcolm said his life would not be complete 774 00:35:20,320 --> 00:35:24,157 until the judge said those same words to Corey 775 00:35:24,190 --> 00:35:26,092 that she said to him. 776 00:35:26,126 --> 00:35:31,164 - Once she finally makes that final decision, 777 00:35:31,197 --> 00:35:33,400 you're a free man, 778 00:35:33,433 --> 00:35:35,735 I feel like... [laughs] 779 00:35:39,806 --> 00:35:42,208 That's when it's there, man. 780 00:35:43,910 --> 00:35:45,245 - Hey. - That's Mom right here. 781 00:35:45,278 --> 00:35:47,580 - [indistinct] 782 00:35:47,614 --> 00:35:50,183 How are you? - Fine. 783 00:35:50,216 --> 00:35:52,318 Been waiting for this day to come. 784 00:35:52,352 --> 00:35:53,687 I've been waiting for a long time. 785 00:35:53,720 --> 00:35:56,790 I've been praying for this. 786 00:35:56,823 --> 00:35:58,491 - Family and friends assembled 787 00:35:58,525 --> 00:36:00,527 at the Tulsa County courthouse. 788 00:36:00,560 --> 00:36:03,663 No cameras were allowed inside the courtroom, 789 00:36:03,697 --> 00:36:06,299 but I was there to hear the judge's words. 790 00:36:06,332 --> 00:36:08,234 She declared there had been 791 00:36:08,268 --> 00:36:11,037 a fundamental miscarriage of justice 792 00:36:11,071 --> 00:36:14,407 and found there was clear and convincing evidence 793 00:36:14,441 --> 00:36:17,844 that Corey Atchison did not commit this crime. 794 00:36:17,877 --> 00:36:20,046 - I knew he didn't do it. I knew he didn't do it. 795 00:36:21,548 --> 00:36:23,950 - His daughter Courtney, 28 years old, 796 00:36:24,050 --> 00:36:27,187 a parent herself, was overjoyed. 797 00:36:27,220 --> 00:36:28,088 When you heard the judge say, 798 00:36:28,121 --> 00:36:29,389 "Corey Atchison, you're a free man"? 799 00:36:29,422 --> 00:36:31,658 - Uh-huh. - What'd you think? 800 00:36:31,691 --> 00:36:35,362 - There's no words to explain, like, I'm just so happy. 801 00:36:35,395 --> 00:36:37,364 I'm just ready for him to come home 802 00:36:37,397 --> 00:36:39,466 and be there for me and my baby. 803 00:36:39,499 --> 00:36:42,202 - "Dateline" repeatedly asked the Tulsa Police Department 804 00:36:42,235 --> 00:36:45,805 to respond to the allegations it threatened teenage witnesses 805 00:36:45,839 --> 00:36:48,842 in both Malcolm's and Corey's cases. 806 00:36:48,875 --> 00:36:51,945 We also asked the DA's and the mayor's office 807 00:36:51,978 --> 00:36:55,248 for interviews. They all declined. 808 00:36:55,281 --> 00:36:57,650 But we did speak to Tim Harris, 809 00:36:57,684 --> 00:36:59,753 Tulsa's former district attorney 810 00:36:59,786 --> 00:37:01,354 who prosecuted Corey 811 00:37:01,388 --> 00:37:04,357 and who Doane Thomas said coerced him 812 00:37:04,391 --> 00:37:07,360 into lying that Corey was the shooter. 813 00:37:07,394 --> 00:37:10,697 - The allegations are patently false, untrue. 814 00:37:10,730 --> 00:37:12,032 They're lies. 815 00:37:12,032 --> 00:37:14,834 I says as an elected district attorney 816 00:37:14,868 --> 00:37:17,203 in this community for 16 years, 817 00:37:17,237 --> 00:37:20,507 I've never coerced, I've never forced, 818 00:37:20,540 --> 00:37:23,610 and I certainly never presented false testimony, 819 00:37:23,643 --> 00:37:28,081 not only in Mr. Thomas, but in any case in my career. 820 00:37:28,114 --> 00:37:30,350 - What about Ben King? 821 00:37:30,383 --> 00:37:33,053 - I can't remember what Mr. King said. 822 00:37:33,053 --> 00:37:34,421 That was 28 years ago. 823 00:37:34,454 --> 00:37:36,322 - But you know there are also other witnesses 824 00:37:36,356 --> 00:37:38,725 who recanted. 825 00:37:38,758 --> 00:37:40,660 - I don't know that. Okay? 826 00:37:40,694 --> 00:37:42,762 I don't know who said what. 827 00:37:42,796 --> 00:37:43,897 - But you could see how someone 828 00:37:43,930 --> 00:37:46,433 who's looking at this case from the outside 829 00:37:46,466 --> 00:37:51,071 w-who would say you've got several witnesses 830 00:37:51,071 --> 00:37:54,074 all saying their testimony was coerced, 831 00:37:54,074 --> 00:37:56,109 can they all be lying? 832 00:37:56,142 --> 00:37:59,446 - I-I don't know what they said, okay? 833 00:37:59,479 --> 00:38:01,614 But if they're present at the scene, 834 00:38:01,648 --> 00:38:04,050 and they're saying Mr. Atchison was not the shooter, 835 00:38:04,084 --> 00:38:05,752 then tell me who is. 836 00:38:05,785 --> 00:38:07,887 All I know is I presented the evidence 837 00:38:07,921 --> 00:38:10,523 that was presented to me at a jury trial, 838 00:38:10,557 --> 00:38:14,160 and 12 citizens listened to all the evidence 839 00:38:14,194 --> 00:38:17,697 and decided that Mr. Atchison was guilty of 1st degree murder. 840 00:38:17,731 --> 00:38:21,034 - Although the judge said had the same 12 jurors 841 00:38:21,067 --> 00:38:23,370 listened to all of the evidence, 842 00:38:23,403 --> 00:38:26,706 they would have likely reached a different conclusion. 843 00:38:26,740 --> 00:38:29,075 - You know, that's her opinion. I respect it. 844 00:38:29,109 --> 00:38:30,910 I certainly disagree with it. 845 00:38:30,944 --> 00:38:34,047 - The system doesn't want to acknowledge 846 00:38:34,047 --> 00:38:37,183 that they made a mistake. But you made a mistake. 847 00:38:37,217 --> 00:38:38,818 You made a horrible mistake, 848 00:38:38,852 --> 00:38:40,220 and the fact that it happened twice 849 00:38:40,253 --> 00:38:44,657 in the same family is-- t-there are no words. 850 00:38:44,691 --> 00:38:47,794 - In 2020, the Oklahoma Innocence Project 851 00:38:47,827 --> 00:38:51,931 worked on a staggering 145 potential 852 00:38:51,965 --> 00:38:54,701 wrongful conviction cases in Tulsa. 853 00:38:54,734 --> 00:38:56,269 - There is a problem here, 854 00:38:56,302 --> 00:38:58,405 and it continues to be a problem. 855 00:38:58,438 --> 00:39:01,007 - And of course, it is a national problem, 856 00:39:01,041 --> 00:39:03,743 especially for African Americans. 857 00:39:03,777 --> 00:39:07,013 A 2017 study of the National Exoneration Registry 858 00:39:07,013 --> 00:39:09,049 showed that innocent Black people 859 00:39:09,082 --> 00:39:11,317 were about seven times more likely 860 00:39:11,351 --> 00:39:12,919 to be convicted of murder 861 00:39:13,019 --> 00:39:14,487 than innocent White people. 862 00:39:14,521 --> 00:39:19,159 And that police misconduct was 22% more likely 863 00:39:19,192 --> 00:39:21,561 to play a role in their exoneration 864 00:39:21,594 --> 00:39:24,164 than with White defendants. 865 00:39:24,197 --> 00:39:26,666 - Now people are saying how can we fix it? 866 00:39:26,700 --> 00:39:28,868 But very few people 867 00:39:28,902 --> 00:39:31,104 on the state side want to sit down 868 00:39:31,137 --> 00:39:32,706 and have an honest conversation 869 00:39:32,739 --> 00:39:35,041 about how did we get here? 870 00:39:35,041 --> 00:39:38,578 - In June 2020, just weeks after George Floyd's murder, 871 00:39:38,611 --> 00:39:41,414 a Tulsa police major said that the police 872 00:39:41,448 --> 00:39:43,550 are not systematically racist, 873 00:39:43,583 --> 00:39:46,186 citing crime statistics he said showed 874 00:39:46,219 --> 00:39:48,521 police are shooting African Americans, quote, 875 00:39:48,555 --> 00:39:51,324 "24% less than they probably ought to be" 876 00:39:51,358 --> 00:39:53,059 based on the crimes being committed. 877 00:39:53,059 --> 00:39:56,663 Tulsa's first African American police chief and its mayor 878 00:39:56,696 --> 00:39:58,832 criticized those remarks. 879 00:39:58,865 --> 00:40:00,633 - What came out of his mouth 880 00:40:00,667 --> 00:40:04,437 is in no way reflective 881 00:40:04,471 --> 00:40:06,906 of what we're trying to accomplish 882 00:40:06,940 --> 00:40:08,008 in the city of Tulsa 883 00:40:08,041 --> 00:40:09,743 or in the Tulsa Police Department. 884 00:40:09,776 --> 00:40:13,780 - Then this body cam video of Tulsa police 885 00:40:13,813 --> 00:40:15,615 forcefully arresting a Black teenager 886 00:40:15,648 --> 00:40:19,719 in North Tulsa for jaywalking went viral. 887 00:40:19,753 --> 00:40:22,022 - Hey, why are you-- why are you putting your hands on me? 888 00:40:22,055 --> 00:40:23,890 - Meanwhile, Malcolm and De'Marchoe 889 00:40:23,923 --> 00:40:25,458 are suing the city of Tulsa 890 00:40:25,492 --> 00:40:28,228 and the individual police officers 891 00:40:28,261 --> 00:40:30,730 who they claim coerced testimonies 892 00:40:30,764 --> 00:40:32,399 used to convict them. 893 00:40:32,432 --> 00:40:35,435 The city and the officers have denied the claims 894 00:40:35,468 --> 00:40:37,837 and are fighting to dismiss the lawsuit. 895 00:40:37,871 --> 00:40:41,541 Malcolm says he's not looking for blame. 896 00:40:41,574 --> 00:40:43,576 He wants to provoke change. 897 00:40:43,610 --> 00:40:46,046 - My heart is strong 898 00:40:46,079 --> 00:40:47,814 about every single one of those people 899 00:40:47,847 --> 00:40:49,783 that's going through that fight and that struggle 900 00:40:49,816 --> 00:40:52,452 to prove their innocence. I know the pain. 901 00:40:52,485 --> 00:40:55,455 I know the hurt. 902 00:40:55,488 --> 00:40:58,425 That's what this is about for me, 903 00:40:58,458 --> 00:41:01,061 giving the next man a chance. 904 00:41:01,061 --> 00:41:05,799 - Hey. [applause] 905 00:41:05,832 --> 00:41:07,267 - Welcome to freedom. 906 00:41:07,300 --> 00:41:08,501 - Hey. 907 00:41:08,535 --> 00:41:11,271 - Corey's struggle to prove his innocence 908 00:41:11,304 --> 00:41:12,605 is done. 909 00:41:12,639 --> 00:41:15,508 - My other guy right here. 910 00:41:15,542 --> 00:41:19,179 - Malcolm, their mom, family and friends 911 00:41:19,212 --> 00:41:21,281 get ready to welcome Corey 912 00:41:21,314 --> 00:41:25,251 as he takes his first steps as a free man 913 00:41:25,285 --> 00:41:27,687 in 28 years. 914 00:41:27,721 --> 00:41:29,522 I would imagine that you spent many a night 915 00:41:29,556 --> 00:41:31,424 thinking about how this is gonna go. 916 00:41:31,458 --> 00:41:34,194 - Yeah, yeah, yeah, I had this dream. 917 00:41:34,227 --> 00:41:36,763 I remember I woke up with tears in my eyes, 918 00:41:36,796 --> 00:41:39,265 and one of my pod mates came in my cell, 919 00:41:39,299 --> 00:41:41,201 and he said, "what's up?" 920 00:41:41,234 --> 00:41:43,970 I said, "man, I'm going home." 921 00:41:44,004 --> 00:41:46,573 - Here he come, here he come. 922 00:41:46,606 --> 00:41:49,275 [cheering] 923 00:41:49,309 --> 00:41:51,778 - A little over a year after his release, 924 00:41:51,811 --> 00:41:54,881 Corey Atchison sued the State of Oklahoma 925 00:41:54,914 --> 00:41:56,850 for wrongful conviction. 926 00:41:56,883 --> 00:42:01,254 In June of 2021, the State settled the claim. 927 00:42:01,287 --> 00:42:02,856 While denying liability, 928 00:42:02,889 --> 00:42:07,427 officials paid Corey $175,000, 929 00:42:07,460 --> 00:42:10,563 the maximum allowed under Oklahoma law. 930 00:42:10,597 --> 00:42:18,338 That's roughly $6,250 for each of his 28 years behind bars. 931 00:42:18,371 --> 00:42:21,074 From 2016 to 2020, 932 00:42:21,074 --> 00:42:25,078 374 people wrongfully convicted of murder, 933 00:42:25,078 --> 00:42:27,947 61% African Americans, 934 00:42:27,981 --> 00:42:30,283 have reunited with their families. 935 00:42:30,316 --> 00:42:36,189 Together they spent over 6,000 years in prison. 936 00:42:36,222 --> 00:42:41,094 Years they will never get back. 937 00:42:41,094 --> 00:42:44,097 That's all for this edition of "Dateline: Secrets Uncovered." 938 00:42:44,097 --> 00:42:44,998 I'm Craig Melvin. Thank you for watching.