Episode 2 - State Of Texas V. Robert Alan Fratta: Ineffective Pro Se Representation Based In Fact podcast

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In Episode 16, Representative-elect Mitch Little of Texas House District 65 joined Lisa O'Brien to talk about State of Texas v. Robert Leslie Roberson, III. Since 2016, Roberson's post-conviction attorneys and advocates, who were recently joined by Texas legislators, have engaged in a campaign of disinformation with the courts and the public in which they claim that Roberson’s conviction rests on a diagnosis of Shaken Baby Syndrome/Abusive Head Trauma. Legislators issued a last-minute subpoena commanding Roberson’s appearance before their committee on October 21, 2024 and, with a last minute stay granted by the Texas Supreme Court, they were able to prevent his sentence from being carried out on October 17, 2024. We talked about the facts of the case, the truth about Nikki’s cause of death and the court proceedings and extra-judicial shenanigans of Roberson’s advocates. About Mitch Little: Mitch is a native Texan, who attended Harvard University where he graduated with honors in Government and played football for the Crimson for four years. In 2003, he earned his law degree from the University of Texas and is a successful business attorney. Mitch has fought for private property rights, represented victims of securities fraud, and helped entrepreneurs build companies in numerous industries, including real estate and oil and gas.. Mitch and his wife Kelly are proud parents to Molly, Matthew, and Lucy and they’re all active members of Sojourn Church in Carrollton.…

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Episode 15 - OK v. Phillip Dean Hancock: A Tale of Two Murders 3:00:00

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In Episode 15, Lisa O’Brien and guest host Jennifer Harmon talked about State of Oklahoma v. Phillip Dean Hancock. Hancock’s November, 2023 execution was preceded by controversy, including claims by their least favorite Oklahoma legislators (one former and one current), who claimed that Hancock was exercising his “God-given right to defend himself,” when he brutally murdered two men, both of whom were unarmed and posed no threat to him. They looked at the 2001 murders of Robert Jett, Jr. and James Lynch, III, the evidence against Hancock, his trial, direct appeals and state and federal post-conviction claims, including an effort to use DNA testing to prove his claims of self-defense. Then they talked about the Oklahoma Pardon and Parole Board recommendation of clemency, Governor Stitt’s last minute denial and Hancock’s execution on November 30, 2023. Jennifer Harmon is a well-known community advocate and Alert Neighbor captain in midtown Tulsa. Born and raised in Tulsa, Jennifer is a Navy veteran and holds a Master of Divinity from Phillips Theological Seminary. Jennifer co-founded Justice For Peggy Gaytan in 2011.…

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Episode 13 - TX v. Linda Anita Carty, Part 3: The Lies Never End 1:51:18

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In Episode 13, State of Texas v. Linda Anita Carty. In Part 3, Lisa and Kyle concluded their look at the case against Linda Carty, who remains on Texas Death Row after multiple unsuccessful efforts to win a new trial in state and federal court. They talked about the alternate suspects Carty has blamed for the 2001 kidnapping and murder of new mother Joana Rodriguez, whose body was found in the trunk of a car rented for Carty by her daughter and whose newborn son, Ray, was found, thankfully unharmed, in the back seat of Carty’s daughter’s car. Both cars were at the same time and in the same place. We’ll also talk about Carty’s multiple self-serving letters professing her innocence and complaining about her persecution by prison officials. Then they talked about her second successive state post-conviction writ, request to file a successive federal habeas claim and her request for appointment of new counsel, allegedly to assist with presentation of a petition for clemency.…

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Episode 14 - MD v Adnan Masud Syed, with Robb Chadwick: A Victory for Victims' Rights in Maryland 2:09:02

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This episode is dedicated to Robb Chadwick, who passed away in mid-December. Robb was a great friend, a supporter of this podcast and a true Southern gentleman. His insight and knowledge of the facts of many cases, along with his kind and calm debate strategy will be missed by many. RIP, Robb. In Episode 14, State of Maryland v. Adnan Masud Syed, Lisa was joined by Robb Chadwick, a former journalist with a life-long interest in the truth of true crime and fairness for victims. Since his retirement, Robb has researched and written about a number of cases — but none more than the case of the day: the murder of Hae Min Lee by Adnan Masud Syed. On January 13, 1999, Hae Min Lee disappeared after leaving Woodlawn High School, where she was a popular athlete and scholar. Police looking for her questioned several people, including her current boyfriend and ex-boyfriend, Adnan Syed. On February 9, 1999, Hae’s body was found partially buried in a shallow grave in Leakin Park, in Baltimore City, Maryland. Three days later, on February 12, an anonymous tip led police to put Adnan Syed at the top of their suspect list. On February 27, 1999, Jay Wilds, an acquaintance of Syed, was interviewed by police and, early on the morning of February 28, 1999, led police to Hae’s missing vehicle. Syed was convicted and sentenced to Life, plus 30 years in 2000. The case has been the topic of multiple podcasts over the years and in 2022, his conviction was vacated by a pro-defendant judge in a fixed hearing at which no one represented the interests of Hae Min Lee, or her family. On August 30, 2024, the Supreme Court of Maryland affirmed the Appellate Court of Maryland’s reinstatement of Syed’s conviction and held that Hae’s brother, Young Lee, had the right to be heard at any future hearing seeking to vacate Syed’s conviction.…

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Episode 12 - TX v. Linda Anita Carty - Part 2: Misleading the Public 1:56:16

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In Episode 12, State of Texas v. Linda Anita Carty, Part 2, Lisa and Kyle continued their look at the case against Carty, who was convicted of capital murder in 2002 for the May, 2001, kidnapping and murder of 20-year old Joana Rodriguez so that Carty could steal Joana’s 4-day old baby. Carty recruited drug dealers/thugs to commit a home invasion, promising them a large cache of drugs and money. Joana’s body was found in the trunk of a car rented for Carty by her daughter and Joana’s newborn son, Ray, was found in the daughter’s car, thankfully unharmed. They talked about Carty’s initial federal habeas claim and her first successive state post-conviction claims, which involved wild accusations of prosecutors’ threats and coercion by her co-defendants.…

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Episode 6 - Florida v Dippolito - Part 1: She Lies Like a Rug 1:42:42

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In Episode 6, State of Florida v. Dalia Dippolito, Part 1, Lisa and Kyle looked at the murder-for-hire case against former escort, Dalia Dippolito. On August 5, 2009, the producers and camera crew for the COPS television show got more than they bargained for when they were invited along to film the resolution of a five day investigation, which started when a convenience store owner reported that his “girlfriend” was trying to hire someone to kill her husband. They looked at the evidence against Dippolito, her first trial and successful direct appeal and her attorneys’ attempt to have the charges dismissed using the presence of COPS cameras to undermine the evidence against their client.…

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Episode 7 - Florida v Dippolito - Part 2: Third Time Is The Charm 2:11:23

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In Episode 7, State of Florida v. Dalia Dippolito, Part 2, Lisa and Kyle concluded their look at this long-running case and talked about Dippolito’s two re-trials, one of which ended in a mistrial and the other, which concluded in June of 2017, ended with a conviction for Solicitation to Commit First Degree Murder with a Firearm. Then they talked about her direct appeal and state post-conviction claims and events since Dippolito began serving her 16-year sentence in the Florida Department of Corrections.…

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Episode 8 - Florida v. Danny Harold Rolling: Monsters Are Real 1:56:26

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In Episode 8, State of Florida v. Danny Harold Rolling, Lisa and Kyle looked at the 1989 and 1990 murders committed by serial killer and Shreveport native Danny Harold Rolling. Over 4 days in August, 1990, Rolling terrorized the college town of Gainesville, Florida, when he murdered Tracy Inez Paules, Sonja Larson, Manuel Taboada, Christa Hoyt and Christina Powell. Rolling was convicted and sentenced to death in 1994 and was executed in 2006. We’ll talk about the evidence linking Rolling to the Gainesville murders, his trial, appeals and execution. First, we’ll look at the murders of the Tom, Julie and Sean Grissom in Shreveport, Louisiana. Rolling's involvement in the Grissom murders was confirmed when Rolling confessed shortly before his 2006 execution.…

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Episode 9 - The Failure of Bail Reform with Ken W. Good 1:01:28

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In Episode 9, The Failure of Bail Reform. Ken W. Good, a member of the Board of Directors, Professional Bondsmen of Texas joined Lisa and Kyle to discuss the failure of Bail Reform and Zero Bail Policies. Mr. Good holds a Bachelor of Arts from Hardin Simmons University, a Master of Education from Tarleton State University (part of the Texas A&M System). Mr. Good earned his J.D. from Texas Tech School of Law in 1989. He was also a member of the Texas Tech Law Review. Mr. Good has argued cases before the Supreme Court of Texas, the Texas Court of Criminal Appeals and numerous courts of appeal, including the U.S. Fifth Circuit Court of Appeals in my hometown of New Orleans, LA. Mr. Good is married and has two daughters. In addition to hosting The Bail Post podcast, he is the author of "Good’s on Bail," a practice guide for bail industry professionals and numerous articles on the subject of bail reform, including, “What Successful Bail Reform Looks Like.” We’ll talk with Mr. Good about the failure of bail reform and zero bail policies, including the impact zero bail has had on domestic violence cases. More about Mr. Good: http://www.goodsonbail.com/Goods_on_B... https://www.thebailpost.com/ https://www.thegoodlawfirm.net/…

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Episode 10 - CA v Phillip Spector: The Ogre in the Castle Kills the Beauty 1:57:32

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In Episode 10, State of California v. Phillip Spector, Lisa and Kyle talked about the murder of actress/model Lana Clarkson by music producer Phil Spector. On February 3, 2003, Lana accompanied Spector to his mansion in Alhambra, CA. Spector, who had a history of violence against women, shot and killed Lana at around 5:00 a.m. Later, he claimed that Lana killed herself. When that didn't work, he claimed she accidentally shot herself. They talked about the scandal that was the beginning of the end for Dr. Henry C. Lee, Spector's first trial, his second trial and conviction in April, 2009 and his sentencing in May, 2009. Spector, who would've become eligible for parole this year, died of COVID-19 in January, 2021.…

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Episode 11 - TX v. Linda Anita Carty - Part 1: She's Not a Smooth Criminal 2:13:04

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In Episode 11, State of Texas v. Linda Anita Carty, Part 1, Lisa and Kyle looked at the May, 2001, plot hatched by Linda Carty to save her common-law marriage by stealing her neighbor, Joana Rodriguez’s baby. She recruited drug dealers/thugs to commit a home invasion, promising them a large cache of drugs and money. She also made preparations to take the baby from Joana’s womb, or to steal him from a hospital. Carty, a compulsive liar, couldn’t keep her mouth shut and, after Joana and her newborn son were kidnapped, a neighbor who saw Carty at the complex the night of the kidnapping pointed police in her direction. Joana’s body was found in the trunk of a car rented for Carty by her daughter and Joana’s newborn son, Ray, was found in the daughter’s car, thankfully unharmed. We’ll talk about the evidence against Carty, her 2002 conviction for capital murder and death sentence, her direct appeal and her initial state post-conviction claims.…

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Episode 5 - NJ v McGuire: The Drama Queen Goes Down 1:41:01

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In Episode 5, State of New Jersey v. Melanie McGuire, Lisa and Kyle talked about the case against Melanie McGuire. Between May 5 and May 16, 2004, three suitcases containing dismembered human remains washed up near the Chesapeake Bay Bridge-Tunnel in Virginia. The remains inside the cases were identified as Bill McGuire, a New Jersey computer program analyst. In 2007, his wife, Melanie, was convicted of first degree murder, possession of a weapon for an unlawful purpose, desecration of human remains and perjury. In July, 2007, she was sentenced to life in prison, plus five years, making her ineligible for parole until 2073. We’ll talk about Bill’s disappearance, the McGuires' troubled marriage and the evidence against McGuire, along with the course of her direct appeal and post-conviction claims since her 2007 conviction.…

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Episode 4 - Oklahoma v Scott James Eizember: No Good Deed Goes Unpunished 1:36:45

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In Episode 4, guest co-host, Roberta Glass, joined Lisa to talk about the case against Scott James Eizember was executed in January, 2023, for the 2003 capital murder of AJ Cantrell in Depew, Oklahoma. Lisa and Roberta talked about the facts of the case, the trial, direct appeal and post-conviction proceedings, including arguments by Eizember and his advocates blaming Mr. Cantrell for his wife's death and alleging that Eizember acted in self-defense when he killed Mr. Cantrell.…

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Episode 3 - State of Tennessee v. Janet Elaine Hinds: Don't Drink and Drive 1:16:27

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In Episode 3, State of Tennessee v. Janet Elaine Hinds, Lisa and Kyle looked at the case against Janet Hinds, who was charged with vehicular homicide by intoxication after she struck and killed Chattanooga Police Officer Nicholas Galinger on the night of February 23, 2019. In April, 2019, Hinds was also charged with reckless driving, leaving the scene of an accident resulting in the death of another, failure to report an accident, failure to render aid, violation of traffic control device, speeding, failure to exercise due care, failure to maintain appropriate lane and DUI. Lisa and Kyle looked at the case against Hinds, her 2021 trial and direct appeal.…

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Season 3, Episode 1 - Updates 1:51:55

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Welcome to Season 3 of Based in Fact: A True Crime Podcast with your hosts, Lisa O’Brien and Kyle Evans. In Episode 1, Updates, Kyle and Lisa talked about the new developments in cases covered in Seasons 1 and 2, including TX v. Rodney Reed, OK v. Richard Glossip, TX v. Melissa Lucio and NC v. Molly Martens Corbett and Thomas Martens. They also looked ahead to some of the cases they'll talk about in Season 3.…

Based in Fact

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Episode 2 - State of Maryland v. James Allen Kulbicki: Third Time's the Charm 1:30:44

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In Episode 2, State of Maryland v. James Allen Kulbicki, Lisa and Kyle looked at the case against Kulbicki, a former Baltimore City police sergeant, who was convicted of the murder of Gina Marie Nuelsein in January of 1993. After a brief affair, Gina gave birth to a son in September, 1991. At the time of her murder, she was seeking child support from Kulbicki. They talked about the case against Kulbicki, including the reinstatement of his conviction by the U.S. Supreme Court and the 2020 order of the Maryland Court of Special Appeals granting Kulbicki's petition for writ of actual innocence.…

Based in Fact

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Episode 15 - Arizona v Jodi Ann Arias, Pt 2: The Lies Continue 2:25:45

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In Episode 15, Arizona v. Jodi Ann Arias, Part 2, Lisa and Kyle continue their look at the 2008 murder of Travis Alexander, re-cap the five year pre-trial period after Arias' 2008 arrest and indictment and her trial, which began with jury selection in December, 2012. They then looked at her direct appeal, which was decided in March and April, 2020, the disbarment of Arias' first chair attorney L. Kirk Nurmi and prosecutor Juan Martinez. Finally, they looked at her pending state post-conviction claim currently making its way through state court in Arizona.…

Based in Fact

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Episode 14 - Arizona v Jodi Ann Arias, Pt. 1 : Liar, Liar 1:53:28

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In Episode 14, Kyle and Lisa looked at State of Arizona v. Jodi Ann Arias. On the evening of June 9, 2008, Travis Alexander was found murdered in the floor of the shower in his house in Mesa, AZ. He'd been stabbed multiple times, including a fatal wound in his chest, shot in the head and his throat had been slit. Fingers were immediately pointed at Jodi Arias, a former girlfriend and failed waitress/salesperson/photographer from Northern California. Travis and Arias had been engaged in a sexually charged on-off relationship since their first meeting in September, 2006. Forensic evidence found at the scene soon confirmed Arias' presence in the house at the time of Travis' murder and she was indicted and arrested in July, 2008. Initially, Arias denied being in Mesa, even in the face of date-stamped photographs of her in Travis' bed, naked on the day of the murder. When that story didn't work, Arias told a tall tale of a male and female intruder wearing ski masks that Arias called "beanies over their faces," who entered the house to kill Travis and threaten her. In Part 1, Lisa and Kyle talked about the brief relationship between Travis and Arias, Arias' odd and disturbing behaviors, including her extreme violations of Travis' privacy, Travis' murder and the pre-trial period between Travis' murder on June 4, 2008 and Arias' trial, which began in December, 2012 with jury selection.…

Based in Fact

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Episode 13 - New York v. Ronald Joseph Defeo, Jr. - The Amityville Horror: Haunting or Hoax? 3:08:22

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In Episode 13, Lisa is joined by Roberta Glass, of The Roberta Glass True Crime Report, for a look at the case of State of New York v. Ronald Joseph Defeo, Jr.. Defeo murdered his father, mother, two sisters and two brothers in the early morning hours of November 13, 1974. Defeo was arrested, tried and convicted in November, 1975. Lisa and Roberta talked about the murders, Defeo's trial, conviction and sentence and the claims made by George and Kathy Lutz, who bought the house in December, 1975. The Lutz family's claims of paranormal activity in the house during their 28 days there led to the book, "The Amityville Horror," by Jay Anson. They also talked about the controversy surrounding the Lutz' claims and the allegations made by William Weber, Defeo's trial attorney, who claimed that the haunted house story was hatched over multiple bottles of wine with the Lutzes.…

Based in Fact

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Episode 12 - Notable Supreme Court Cases - Part 3: 1995-2010 2:44:46

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In Episode 12, Notable Supreme Court Cases, Part 3 Kyle and Lisa talked about cases decided between 1995 and 2010, including Schlup, Atkins, Roper, Crawford, House and Panetti. They looked at the background of each case, the issues raised by the Petitioners and the decisions of the Supreme Court. We are open to suggestions for any cases we missed and we will do this again next season.…

Based in Fact

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Episode 11 - Notable Supreme Court Cases - Part 2: 1985-1994 3:15:37

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In Episode 11, Notable Supreme Court Cases, Part 2, Lisa and Kyle talked about cases decided between 1985 and 1994, including Ake v. Oklahoma, US v. Bagley, Coleman v. Thompson, Ford v. Wainwright, Murray v. Carrier, Sawyer v. Whitley, Herrera v. Collins and Tison v. Arizona. They briefly looked at the background of each case, the issues raised by the Petitioners and the decisions of the Supreme Court. Finally, they talked about the outcome of several notable cases.…

Based in Fact

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Episode 10 - Notable Supreme Court Cases - Part 1: 1923-1984 2:49:53

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Lisa and Kyle return for Season 2, Episode 10, Notable Supreme Court Cases, Part 1, which includes some of the cases that have been mentioned in the context of state and federal post-conviction litigation for Rodney Reed, Richard Glossip and the West Memphis Three, among others. Today, they talked about cases decided between 1923 and 1984, including Napue, Brady, Gideon v. Wainwright, In Re: Winship, Giglio, Miranda, Furman, Gregg and Strickland. We’ll look briefly at the background of each case, the issues raised by the Petitioners and the decisions of the U.S. Supreme Court.…

Based in Fact

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Episode 9 - Oklahoma v. Anthony Castillo Sanchez: DNA Trumps Hearsay 3:32:29

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In Episode 9, Lisa and guest co-host Robb Chadwick took a look at Oklahoma v. Anthony Sanchez . In July, 2004, Sanchez was linked to the December 20, 1996 kidnapping, rape and murder of OU graduate Jewell "Juli" Busken via a cold case DNA hit. They discussed the evidence against Sanchez, his trial, direct appeal and state and federal post-conviction claims, including his recent actual innocence claim, pointing the finger at his deceased father, Thomas Glen Sanchez, who allegedly began confessing to the murder in July, 2020 and continued making inculpatory statement until his April, 2022 suicide.…

Based in Fact

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Episode 8 - State of Oklahoma v. Richard Glossip: Update, Part 2 3:07:04

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Lisa and Kyle continue their review of the case against Richard Glossip, who was convicted of the 1997 murder-for-hire of his boss, Barry Van Treese. In Part 2, they talked about the 2022 propaganda campaign being waged by his advocates in the media and his 2022 state post-conviction claims. They continued their discussion of the two writs currently pending at the U.S. Supreme Court, the result of the Oklahoma Attorney General’s “independent” investigation that we learned was directed by Reed Smith and, by extension, Don Knight and the disposition of Glossip’s 2023 state post-conviction application, the shenanigans involved in that process, Glossip’s clemency hearing and his challenge to those proceedings in the Oklahoma County district court. Finally, they talked about Glossip’s 2nd writ pending before the U.S. Supreme Court.…

Based in Fact

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Episode 7 - State of Oklahoma v. Richard Glossip: Update, Part 1 2:15:05

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In Episode 7, Oklahoma v. Richard Glossip: Update, Part 1, Kyle and Lisa talked about Glossip’s state post-conviction claims, including his 2015 claims and the 1st and 2nd claims filed in 2022, including the supplemental findings of Reed Smith.

Based in Fact

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Episode 6 - State of Texas v. Rodney Reed: How Much DNA in Enough? 2:25:30

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In Episode 6, Lisa and Kyle talk about State of Texas v. Rodney Reed, including Reed's state court litigation seeking DNA testing, the agreed DNA testing outside Chapter 64 and the results and Reed's federal challenge to the state court DNA procedures, which included U.S. Supreme Court opinion that returned Reed’s challenge to Texas’ DNA testing statute to the Fifth Circuit Court of Appeals. They also talked about what that development really means and the DNA evidence underlying Reed's conviction for the murder of Stacey Stites.…

Based in Fact

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Episode 5 - State of North Carolina v. Molly Martens Corbett and Thomas Martens: Selfishness, Not Self-Defense 2:33:33

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In Episode 5, Lisa and Kyle look at the case of State of North Carolina v. Molly Martens Corbett and Thomas Michael Martens. Martens, a former FBI agent, and his daughter are awaiting re-trial for murder in North Carolina. In the early morning hours of August 2, 2015, Molly's husband, Jason Corbett was beaten to death with a paver wielded by his wife and a child's bat wielded by his father-in-law, Martens. Their self-defense claims were quickly rejected by investigators, who presented the case to a grand jury that indicted the pair for 2nd Degree Murder and Voluntary Manslaughter. Kyle and Lisa talk about the evidence against Molly and Martens, their initial trial and state appellate claims and the appellate court decisions that granted their new trial requests.…

Based in Fact

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Episode 4 - State of Texas v. Howard Paul Guidry: Why Did He Kill Farah? 2:04:25

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In Part 3, Lisa and Kyle conclude their discussion of the 1994 murder-for-hire of Farah Baquer Fratta, a mother of three gunned down in her garage in Humble, Harris County, Texas. In Parts 1 and 2, they talked about the case against Farah’s estranged husband, Robert Fratta, who was executed on January 10, 2023 and Joseph Prystash, a felon and gym rat who acted as Fratta’s middleman. In this episode, they talk about the case against Howard Paul Guidry, the trigger man. They talk about the case against Guidry, his first trial and conviction, which was vacated by a federal judge in September 2003, his re-trial, direct appeal and state and federal post-conviction claims, which concluded with the denial of Guidry’s petition to the United States Supreme Court in 2022.…

Based in Fact

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Episode 3 - State of Texas v. Joseph Andrew Prystash: The Middleman's Role 1:28:59

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In Part 2, Lisa and Kyle continue discussing the 1994 murder-for-hire of Farah Baquer Fratta, a mother of three gunned down in her garage in Humble, Harris County, Texas. In Part 1, they talked about the the case against Farah’s estranged husband, Robert Fratta, who was executed on January 10, 2023. In Part 2, they look at the case against the middleman, Joseph Prystash, a felon and gym rat with Fratta at the President and First Lady Health Club in Harris County. They talk about the evidence against Prystash, his capital murder conviction, direct appeals and state and federal post-conviction claims.…

Based in Fact

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Episode 3 - State of Texas v. Joseph Andrew Prystash: The Middleman's Role 1:28:59

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