Podchaser Logo
Home
How a 7-Year Prison Sentence Turns Into Over 100

How a 7-Year Prison Sentence Turns Into Over 100

Released Saturday, 18th February 2023
Good episode? Give it some love!
How a 7-Year Prison Sentence Turns Into Over 100

How a 7-Year Prison Sentence Turns Into Over 100

How a 7-Year Prison Sentence Turns Into Over 100

How a 7-Year Prison Sentence Turns Into Over 100

Saturday, 18th February 2023
Good episode? Give it some love!
Rate Episode

Episode Transcript

Transcripts are displayed as originally observed. Some content, including advertisements may have changed.

Use Ctrl + F to search

0:01

I started getting the calls and the text

0:03

messages in the spring of twenty twenty.

0:06

People wanted to know what the hell

0:08

is up with that big homeless incumbent

0:10

in

0:10

Brentwood? I'm gonna sit out here and make everybody

0:12

drives up Samus any. See me here. Right here,

0:14

you know, next to your fancy

0:16

restaurants. I'm Anna Scott from

0:18

KCRW, It's City of Tence

0:20

Veterans Row. Listen now wherever

0:23

you get your podcast.

0:30

From the Center for Investigative Reporting in

0:32

PRX, this is REVEAL.

0:35

I'm Alex. Ever

0:38

since Seth Uphoff was a little kid,

0:41

he knew what he wanted to be when he grew

0:43

up. I'm a little odd in

0:45

that at about the age of

0:47

twelve. I figured out that I wanted to be a prosecutor.

0:50

And I know this sounds maybe a little cheesy,

0:52

but really when I think back on

0:54

it, I think a lot of it started

0:56

with law and order. Law and

0:58

order. As in the TV show,

1:00

salacious court cases ripped from the

1:02

headlines. Seth grew up watching

1:05

these fictional prosecutors in New York

1:07

battle it out in court. As prosecutors,

1:10

they were doing what I thought was right and, you

1:12

know, trying to uphold justice and put the

1:14

bag out behind bars. Maybe

1:16

part of his fascination with law and order,

1:18

both the show and the 7Year. Was

1:21

because he grew up in Livingston

1:23

County, Illinois, home with the

1:25

Pontiac Correctional Center. Most

1:27

anybody

1:28

who grew up in Livingston County has some connection

1:30

to the prison.

1:35

You can hear the there's a big horn

1:37

that sounds at the prison. You can hear that even

1:40

out in the country. And

1:42

so the prison was a very large

1:45

looming figure in Livingston County. There

1:48

was a lot of kids I grew up with, their parents,

1:51

or friends, or prison guards.

1:53

One of my very good friends, his dad

1:55

was a prison guard, and so growing up, going over

1:57

to his house, you know, he'd see his dad come home from

2:00

work. He he would tell stories about what

2:02

goes on in there. And and as somebody

2:04

who was growing up in a small farming

2:06

community, you'd hear about some of these guys and

2:08

it would, you know, make your eyes widen.

2:11

And it weirdly gave

2:13

you a little sense of pride that Wow. We're

2:15

we're dealing with big things here in this

2:17

little area.

2:22

When Seth grew up, He got his law degree

2:25

and eventually moved back home to Livingston

2:27

County, where he ran for office as

2:29

the state's attorney. That's the local

2:31

prosecutor. He won the election,

2:33

but once he got the job, his sense

2:36

of right and wrong didn't always square

2:38

with how the criminal justice system actually

2:40

operates. This

2:44

week, we're revisiting the story we first

2:47

brought you last year in partnership with

2:49

the podcast motive. From WBEZ

2:51

Chicago. Reporter Shannon

2:54

Heffernan was working on the series

2:56

investigating Illinois prisons and

2:58

the communities around it. That's when

3:00

she first came across Seth's story. Before

3:03

we get started, a warning. Today's

3:05

show covers topics of self harm.

3:08

Here, Shannon.

3:10

Seth Alpoff came into office hoping

3:12

to be the kind of prosecutor he saw

3:15

on TV. Someone who would take

3:17

dangerous people off the streets and

3:19

put them behind bars. And

3:21

when he came to office, his job was to prosecute

3:23

the things you'd expect, like robberies.

3:26

But one thing that was unusual about

3:28

being a prosecutor in Pontiac is

3:30

a bunch of the cases came from inside

3:33

the prison, people who were already

3:35

locked up. And did you realize

3:37

when you took this job, how much you were gonna be

3:39

dealing with prison cases?

3:41

I underestimated it. What

3:44

I found was that the vast majority

3:46

of cases were assaults

3:49

on the correctional staff. But

3:52

the types of assaults were not

3:54

the physical assaults that most

3:56

people would envision. A lot of these

3:58

assault cases were really

4:01

bodily fluid cases. So, you know,

4:03

these were guys who were spitting at the

4:05

officers. They were throwing

4:07

urine. They were throwing feces. Throwing

4:10

bodily fluids on a guard can be considered

4:13

battery of a peace officer. It can

4:15

add gears to someone's sentence. Above

4:17

notice that a lot of the guys getting charged

4:19

in prison had serious mental

4:21

illness. Sometimes the court would

4:24

have to call in a psychiatrist. To evaluate

4:26

if someone was even fit to stand trial. And

4:29

above said, the guards, the victims in these

4:31

cases, weren't always thrilled

4:33

when he called them in to testify.

4:35

Here they were getting called in

4:37

as witnesses, sometimes on the day

4:39

off, sometimes on vacation, and

4:42

sometimes it would just the wrong time of

4:44

day. Because if they're a night shift, we're

4:46

calling on a minute, eight, nine o'clock in the morning for

4:48

trial. They're supposed to be going home to go to

4:50

bed.

4:50

Right. It's like you're asking them to Is there four

4:52

AM in the morning? Right. And so I recall

4:54

an officer coming in and it was somebody

4:56

that I knew. I said, hey, you know, what

4:58

are you here for me? Because I'm here some case and I don't even

5:01

know I don't even know if I remember this and then I

5:03

grabbed the report and I said it was this guy and

5:05

this would happen. And he goes, oh

5:07

my gosh. That was like three years ago.

5:09

And I said, 7Year. Yeah. It was. And he goes,

5:12

in in in not so many words, he said, I've grown

5:14

up a lot in three years. I would have handled that

5:16

a lot differently. Now than I

5:18

did then. This guy was, you know, I

5:20

thought disrespecting me and he spent

5:23

on me and I wasn't gonna take that from him

5:25

and so I wrote this thing up. And nowadays, I would

5:27

have handled that very differently. I don't even know

5:29

if if I would have known you guys were gonna prosecute

5:31

it. I would have contacted somebody and

5:33

said, hey, look, wave this one off,

5:36

you know. I'll

5:41

pass tomates, he had over a hundred prison

5:43

cases in a year. And after a while,

5:45

he starts thinking, maybe these

5:47

cases aren't worth pursuing, at least

5:50

not so many of them. Some of the victims

5:52

seem annoyed to come in, and a lot of the

5:54

defendants already have long sentences.

5:57

Up off a small town states' attorney

5:59

can only bite off so much. Maybe

6:01

this isn't where he should focus. So,

6:04

Uphov says he went to the warden of Pontiac

6:07

Correctional

6:07

Center. And we had a long discussion about

6:09

that. And came to

6:12

an an agreement where we said, look, only

6:15

send us over the cases that you really want

6:17

charge. That you really believe that

6:19

you can't deal with in house or that need to have

6:21

the follow through of the state's

6:22

turnoffs, and we're happy to follow through on those.

6:25

I reached out to the wharton from that time.

6:27

He declined a comment. But at least

6:29

from APOP's perspective, the wharton

6:31

was on board with this

6:32

proposal. And above thought everyone

6:34

would love it. So I think it was good for them.

6:36

I think it was good for us. In retrospect,

6:38

I I was little naive. And

6:41

really that was

6:42

political, novice, mistake.

6:44

There's one man who became a kind

6:47

of symbol for how these prosecutions were

6:49

working. It's someone who was charged

6:51

before Uphov came into office, but

6:54

still ended up having a big

6:56

impact with Uphov with state's attorney.

6:58

His name is Anthony Gay.

7:01

He's a short guy, compact, and

7:03

he says he was growing up inside

7:05

the

7:05

prison. Changing.

7:07

Because they say we're like plants. We need to grow

7:09

in or die. Gay loves

7:12

having a pithy turn of eyes, other

7:14

people's quotes, but also his own expressions.

7:17

Like, when we're talking about something that was unfolding

7:20

in court, he said, this case

7:22

has enough twists and turns to

7:24

send a pretzel maker into ecstasy.

7:26

I don't think I've ever met somebody who

7:29

has as many quotes memorized as you.

7:33

I mean, I guess they're in fact, I got a

7:35

book that I'm working on called quoteable quotes

7:37

in dirt will be time,

7:38

man. Because they're inspiration. Right? Gay

7:41

is always working on something like this.

7:43

He's already published a book of his reflections

7:45

from prison called rope of hope.

7:47

He struggled with mental illness from a young age,

7:50

He's been diagnosed with borderline personality

7:52

disorder. Eventually, he was

7:54

charged with stealing a hat and a

7:56

single dollar bill. From a guy he'd

7:58

gotten in a physical fight with. That

8:01

got him on probation, but then

8:03

he drove without a license and ended

8:05

up with a seven year

8:07

sentence. He was twenty years old.

8:09

He spent time in a few prisons around the

8:11

state. When

8:14

you're putting a cell like that, you

8:16

start to psychologically bounce

8:18

off the wall. So you

8:20

start creating, like, human

8:23

attention, social

8:24

stimulation, and visitors sort, so

8:26

you become aggravated

8:29

over the smallest things. Like

8:31

in one prison, staff once forgot

8:34

to give him a pillowcase. He had

8:36

so little to focus on, but this just

8:38

infuriated him and he went off

8:40

on guards. Another time

8:42

he said he got in a fight with another

8:44

incarcerated man, and that sent

8:47

him to segregation, where he was

8:49

stuck all day in a cell.

8:51

He thinks segregation exacerbated his

8:54

mental

8:54

illness, affected how he behaved. You

8:56

know, I have a scene where I say, when

8:58

I talked about Pontiac, right, saw a terrible

9:00

finding in Pontiac. And I said

9:03

that this environment is so

9:04

sick. It inspires you to become sick.

9:07

Hoping you can offset him. The

9:09

symptoms of his mental illness got worse,

9:12

much worse. I don't want to

9:14

be too gory here. But

9:16

I do want to drive home how

9:18

bad it got for gay and solitary and

9:21

the self harm he did. At

9:23

one point in segregation, he

9:25

stabbed his thigh with a spoon so

9:28

deep that it had to be removed surgically.

9:31

Another time he mutilated his privates

9:34

His arms are so full of scars from

9:36

self harm that they look like tree branches.

9:40

And Gay says, the same desperation.

9:42

That led him to self harm. That

9:44

same need for some kind of stimulation,

9:47

any kind of stimulation, is

9:49

also what led him to act out

9:51

against staff. He admits

9:54

he threw liquids on staff and he's sorry

9:56

for that. Gaye has said he

9:58

knows it warifies

9:59

officers. But the thing is

10:01

in his mental state at the time, he

10:04

wanted them to react He

10:06

wanted the cell extraction team to come

10:09

and to drag him out. I used to do

10:11

this at one point, fight the cell extraction

10:13

team to fill a lie. Right?

10:16

So when you're cutting

10:18

yourself, you feel a lie. When

10:20

they beat you up, you feel a

10:22

lie. When they spread you with

10:24

mace, and it's burning your

10:26

skin, you come to

10:28

realize, yeah, you're still human. You're you're

10:31

still alive. Right? He ended

10:33

up getting criminally charged for throwing

10:35

what staff reported was a brown liquid at

10:37

guards. Case says it was coffee. He

10:39

was charged with battery. He got five

10:42

years added to his sentence. Gaye

10:44

basically says the prison put him in segregation,

10:47

which made his mental illness worse. He

10:49

acted out then they punished

10:51

him for it by keeping him in prison

10:53

and segregation even longer.

10:58

Gay's close friend, Christopher Knox,

11:00

spent a lot of time in segregation too.

11:03

Sometimes in seg they could yell underneath

11:05

their doors and hear each other. Just

11:08

a side note. When I interviewed NOx,

11:10

we were outside. The cicadas in

11:12

Illinois were really

11:14

loud. And what what kinds of things would

11:16

you talk about?

11:17

Oh, we've reminisced and then

11:19

we would talk about litigation. Litigation.

11:22

NOx had been charged to. So

11:24

they'd be in these tiny cells behind

11:26

big heavy doors shouting out the bottom

11:28

about legal strategies for the cases they've been

11:31

charged with. And also these civil lawsuits

11:33

they started up filing about prison conditions. Even

11:36

in segregation, they had a legal right

11:38

to access the law

11:39

library. So with very little

11:41

to do, they plow the legal tax.

11:43

We both definitely had our moments 7Year he

11:47

say the law says one thing. I said,

11:49

it says another thing. And then

11:51

when we go look it up or something like that,

11:53

it says something totally different from what we

11:55

both were saying. But no but

11:57

Andy, he he was still saying he was right.

12:00

Stephen? Right. He stopped. And

12:02

Devin stopped. Stubborn,

12:05

but also very

12:06

good. Oh, babe. They

12:08

might have witnessed gold get that man of his license.

12:14

In fact, there's one case that

12:16

is legendary. Gay was

12:19

charged for another alleged battery.

12:21

That occurred just after that first

12:23

liquid case. This all, by the

12:25

way, still underneath Seth Alpoff's

12:27

predecessor A prosecutor named

12:29

Tom Brown referred to in a

12:31

Chicago Tribune article as Maxim

12:34

Tom because he had a reputation

12:37

for always seeking harsh

12:39

sentences. Now,

12:42

gay amidst he acted out against staff, threw

12:44

liquids on them, stuff like that. But

12:46

this incident, the one that he was charged

12:48

for, he said it was false

12:50

or at least off the mark. He

12:53

admits he was teasing one guard about his

12:55

girlfriend. A nurse on staff, saying

12:57

that when he got out of prison, he wanted to

12:59

be with her. He said the guard got

13:01

so mad. He tried to strangle him

13:03

through the bars. And gave knocked the guards

13:05

hands away. The guard story is

13:07

different. He said gay, unprovoked,

13:10

reached out to the bars, and hit him in the face.

13:13

The case was sent to the prosecutor, local

13:15

state's

13:16

attorney, Tom Brown, and

13:18

Gaye was charged with battery. They

13:20

expect it to

13:21

be a slam dunk. Which all cases

13:23

mostly are for him. Right? After all,

13:25

it's a correctional officer's word against

13:28

the word of a man in prison. And

13:30

this is a prison town, with prison

13:32

town jury. In the court

13:34

transcript, a bunch of potential jurors

13:36

talk about knowing prison staff. One

13:38

was a guard, one had a son-in-law, who was

13:41

an assistant warden. Most of those

13:43

people got dismissed from jury

13:44

duty, but still one person ended

13:46

up on the jury who said she knew four different

13:48

guards. Add them as neighbors. You have

13:50

to think about Pontiac Correctional

13:53

Center is the second highest

13:55

employer in Livingston

13:57

County. So many

14:00

people who support the correctional offices

14:02

So for the most

14:03

part, you didn't stand a chance.

14:06

On top of that, gay decided

14:08

to represent himself. No lawyer.

14:11

He didn't trust the local public defenders,

14:13

assumed they had ties to the prison too.

14:16

So he's there, lawyer and defendant,

14:19

in handcuffs and leg shackles.

14:22

The deck was really, really

14:24

stacked against him. Reading

14:29

through the trial transcripts, there's no

14:31

doubt Anthony Gates, not your typical

14:33

lawyer. Like, when the judge asks lawyers

14:36

if they have anything else before of jury comes

14:38

in, gay says hell no. And

14:40

he refers to the judge as man.

14:42

As in, what do you wanna ask this witness?

14:44

Nothing man. But still

14:46

is 7Year, gay had a strategy

14:49

of how to win. Knew the

14:51

documentation in the case inside

14:53

and out that allowed him to

14:55

poke holes in people's testimony. For

14:58

example, there was an investigator from

15:00

the prison that looked into this alleged

15:02

assault.

15:03

They had no intentions of calling her as

15:05

a witness. So I called her as,

15:07

like, what they call a adversary witness

15:10

or hostile she put her on the stand

15:12

and basically in peace jury.

15:16

Gay pointed out how her earlier testimony

15:18

before grand jury that he had seriously

15:21

injured the

15:21

guard, didn't match the medical

15:24

records that showed there were no injuries.

15:26

And then I showed her the medical report and

15:28

compelled her to read that it

15:30

was totally opposite to what she

15:32

told the grand

15:33

jury. Basically, they

15:35

made this key person look unreliable.

15:38

He noticed people in the courtroom watching it

15:40

all unfold. I could hear them in the

15:42

back sand. He's good. He's and

15:45

the prosecutor can hear it

15:46

too. Other people told me gay was

15:48

sharp too. In fact, Seth Apoff,

15:50

the state's attorney you heard from earlier. He

15:53

said when he first took office, one

15:55

of the judges told him, don't sleep

15:57

on Anthony Gay. This

15:59

trial, it was short. And

16:01

after the testimony was done, the jury came

16:03

back with a big fat, not

16:05

guilty. He said he was amazed.

16:08

He came back and shared the news with his friend,

16:10

that guy in cell near him. Knocks.

16:13

Just describe that moment. Hey,

16:16

Chris. Hey,

16:18

Chris. A sub man.

16:20

I did it.

16:22

I did it. I'm a bibb.

16:26

I did it. Excuse my name.

16:28

So thought, but there was his rose. I

16:31

didn't. I said, what?

16:33

So I was

16:33

brown. I took them

16:34

down. How what did you say

16:36

to Anthony when they said that?

16:38

That's my boy. That's

16:41

my boy. This

16:43

is a man. Self

16:46

educated yourself. You

16:48

know, he learned a lot and

16:51

you go in there and

16:53

you beat a man

16:56

who with the school for this for years

17:00

says a lot. I

17:06

get the feeling that this win. It was a big

17:08

deal not just for gay, but for the other men

17:10

on his wing too. He'd beaten

17:12

Tom Brown, maximum Tom.

17:15

The person who prosecuted a lot of cases

17:17

against people in prison. But

17:19

this win many ways was

17:21

also when things got worse for gay. Gay

17:24

is convinced it set off something in

17:26

Tom

17:26

Brown. I think he's out in bears.

17:28

Right? I'm a prison. I'm a prison. Right?

17:31

Lock that up and punny acting. You

17:34

know, people talk they say gossip is America

17:36

snack. Who. So I think

17:38

people were probably talking about it or he

17:40

was weird about his image of being

17:42

beat by a prisoner.

17:47

I reached out to Tom Brown several times

17:49

to talk about this trial and about Anthony

17:52

Gay, but he never got back to me.

17:54

So he can't know how he felt about gay

17:56

or this case. And I don't know his

17:59

motivations. But after gay

18:01

one, brown piled on new

18:03

charges. There was this period

18:05

in two thousand and two thousand and one

18:07

and gay was in bad shape. He'd

18:10

been in segregation and was doing

18:12

a lot of self harm. But also

18:15

harming staff, mostly throwing

18:17

stuff at guards, though there were

18:19

some charges of head butting. Brown

18:22

kept bringing charges one after

18:24

another. A battery case for throwing

18:27

liquid got him three 7Year. Then another

18:29

one got him eight. Gay Lost

18:31

Case after Case, adding

18:33

ninety seven years to a

18:35

sentence, de facto life.

18:37

I decided I was going fight even if

18:39

I'll end up happen to die in there that

18:41

I was gonna fight against it because it was

18:43

wrong. But as good of a jailhouse lawyer

18:45

as he was, he needed

18:47

help. After a long search,

18:49

he found a lawyer, Scott Main.

18:52

This case just hit me on on

18:54

sort of a fundamental elemental level of like,

18:57

this can't be

18:58

it was a no brainer to

19:01

to wanna help in any way that I could.

19:03

Main argued gay's cases in appeals

19:05

court, and he lost a bunch. It

19:08

was one of his fellow lawyers who had the

19:10

idea to take a closer look at sentencing

19:12

rules. Instead. This is a little

19:15

technical. But basically, when

19:17

someone has multiple sentences, there are

19:19

two ways it can work. The

19:21

sentences can be served concurrently,

19:23

meaning at the same time. Three,

19:26

five 7Year sentences is still just five

19:28

years behind bars. That's how

19:30

it works in most cases in Illinois. But

19:33

there are exceptions where sentences

19:35

can be served consecutively, meaning

19:37

they stack on top of each other. So

19:40

three five year sentences is fifth

19:42

teen years. For

19:47

Gay, the sentences were stacked consecutively.

19:50

And Gay's lawyer thought that was wrong. More

19:53

than that, he thought the resulting sense was

19:55

outrageous.

19:56

He thought he was coming home in two thousand

19:58

five, and all of a sudden

20:00

he's not coming home for a hundred

20:02

years. And what

20:04

in the hell happened that got us to

20:07

that point? And he

20:09

saw an opportunity. By that

20:11

point, Tom Brown had left office.

20:13

And Seth Alpoff had taken his place.

20:16

Main heard he was handling prison cases a

20:18

bit differently and thought they might

20:20

have a chance with

20:21

him. He decided to be a thorn and

20:23

up off side about gay's case. Our

20:26

early strategy was

20:29

we are going to continue to say there's something

20:31

wrong here and we're gonna we're not going anywhere

20:33

and we're gonna keep talking about

20:35

this. And we're gonna keep talking

20:37

about this and keep talking about

20:39

this. And

20:41

so I first got the letter

20:44

from the attorney, Scott Main,

20:47

my first reaction was, well, mister

20:49

Main clearly doesn't understand the sentencing

20:51

structure. Was an Illinois, I was

20:53

pretty dismissive of it.

20:55

Even though Waupuf had started prosecuting fewer

20:57

prison cases, he wasn't a crusader

20:59

about prison or anything. He was still a

21:01

Walmart a guy. He trusted

21:04

the system, was sure it had gotten gay since

21:06

then. Right? So Boboff decided to

21:08

pawn the case off on his first assist Randy

21:11

Yedenoc. He assumed his assistant

21:13

would remain his letter. Take a few hours

21:15

to figure things

21:16

out. Show Gay and his lawyer how the sentencing

21:18

was done by the book. And that would be

21:20

that. Then sometime

21:23

later, our first assistant

21:25

comes back and says, boss

21:28

might be a might be an issue with this.

21:30

What do you mean? And he said, I I think

21:33

I think they might be right. And

21:35

I then said, well, I think they're

21:37

wrong, and now think you're wrong. And so

21:39

I want you to go back and basically do it

21:41

again. And he came back

21:43

again, and he said, boss I

21:46

I checked again and I

21:48

think even more than I did before that they're

21:50

right. And I said, well, I think

21:52

now even more than did before that you don't know what

21:54

you're looking at and you don't know what you're doing. I

21:56

thought this is sort of starting to waste my time

21:59

and waste my persistence time and

22:01

he finally comes back to third time. And

22:03

he says, boss, I've laid

22:05

it all out, and I'm gonna give you this this packet

22:07

of information here. And I think that

22:09

he's been incorrectly sentenced. And at

22:12

that point, I was little exasperated and I

22:13

said, you know what? I'll do this because I

22:15

was feeling pretty confident at that point in

22:17

time. But then when he did start

22:20

looking, reading the letter of the law,

22:22

getting into the technical parts, it

22:24

appeared the court did make gay symptoms.

22:27

Much longer than it should have

22:29

been.

22:29

And at that point, I started to have a

22:31

bit of a sinking feeling that this

22:34

was all wrong.

22:37

Then I had to start figuring out where do we

22:39

go from here, how do we address this, and

22:42

what do we do? The drama

22:44

that followed, to borrow one of Gay's quotes,

22:47

had enough twist and turns to send

22:49

a pretzel maker into ecstasy.

22:57

Seth Upoff knew what he wanted to

22:59

do, but now he

23:02

had to get a judge to agree with

23:04

him. He had been a judge for

23:06

a long time. He had seen

23:08

people come and go probably. He

23:10

was probably a little more politically

23:12

astute than I was at that time. That's

23:15

coming up next on reveal.

23:31

I may sound biased here, but I

23:33

think our stories are pretty great.

23:36

And if you're listening to this, I have a feeling that,

23:39

well, you might agree. But

23:41

have you ever been left wanting even

23:43

more? Reveal's newsletter goes

23:45

behind the scenes. Reporters describe

23:48

how they first found out about these stories

23:50

and the challenges they face reporting

23:53

plus recommended reads and

23:55

more. Subscribe now at reveal

23:57

news dot org slash newsletter. From

24:06

the Center for Investigative Reporting and PRX,

24:09

this is Reveal. I'm outlets.

24:12

We're teaming up today with the podcast motive

24:14

from WBEZ Chicago. Their

24:17

fourth season focused on big prisons

24:19

and small towns. Like Pontiac

24:21

Correctional Center in Livingston County,

24:23

Illinois. When Seth Uphov

24:26

was the state's attorney in Livingston, he

24:28

realized that many of the cases his

24:30

office was handling were coming

24:32

from inside the prison. Cases

24:35

like Anthony Gayes, Anthony

24:37

was originally sentenced to seven

24:39

years, but was facing more

24:41

than a hundred after being charged

24:44

for various offense while in

24:46

prison. None of this

24:48

was adding up for Seth. So he met

24:50

with a man who had a key role in

24:52

adding all those extra years to the sentence

24:55

former state's attorney Tom Brown

24:58

reporter Shannon Heffernan has been our

25:00

guide. She starts back at that conversation.

25:06

When I talked with Setha Poth, I

25:08

asked him what it was like to meet

25:10

up with Tom Brown. Especially

25:12

since he planned to question the way he had

25:15

done things. And were you nervous during

25:17

this

25:17

meeting? Were you feeling awkward? How are you feeling?

25:20

Yeah. I'm trying to think of

25:22

the word awkward

25:24

maybe fits it a little bit tentative

25:27

because he had been

25:30

supportive of me taking office. And

25:33

you never want to come to somebody that

25:35

you respect, and and

25:37

show up and say you made a

25:38

mistake.

25:39

So he has his history. You know, Tom Brown has his

25:41

history with Anthony Right. And as I was told, that

25:43

was a pretty embarrassing loss. And that may have

25:45

fueled the the way the cases

25:47

were charged against Anthony going

25:49

forward. And so that stuff was in the back of my mind

25:51

as I was speaking with him. Uphov and

25:53

Brown met outside for lunch at a little restaurant

25:55

close to the courthouse. And because Uphov

25:58

was worried it might be

25:59

uncomfortable. He says he waited until

26:01

they were both about done with their meals to bring

26:03

up Anthony Gay. And I said, I want

26:05

to talk to you number one because I'm hoping maybe

26:07

some light could be shed on this that would help me

26:09

figure out that how can combat this,

26:12

how I can show that that this was done correctly

26:14

because I wasn't trying to

26:16

protect harm I wanted to protect

26:18

the

26:18

system. I wanted to show

26:21

that the system had worked correctly.

26:23

He said Brown's initial reaction was

26:25

Anthony Gay, that guy's the worst.

26:28

He's

26:28

somebody who deserved to be locked up for the rest

26:30

of his life. That's why we did what we did. And,

26:33

you

26:33

know, did anybody ever tell you the story

26:35

about this and tell you the story about that? What

26:37

stories was he telling you? Do you remember? Oh,

26:39

some of the things Anthony Gay had done to himself.

26:42

You know, Anthony.

26:43

Like about mutants? Yeah. You

26:44

know, there's always these gory stories

26:46

that would come out. It

26:48

was clear to Uphov that Tom Brown thought gay

26:50

should be locked up. And

26:51

he said, well, they're they're wrong, and we

26:53

did it right, you know. So that was sort of the end

26:55

of conversation. By

26:59

this point, Uphov is starting to get

27:01

sick calls that adjusting gay sentence

27:03

might be politically risky. To

27:06

keep his job every four years, a

27:08

pop has to be elected. If

27:10

you're a politician in a place like Pontiac,

27:12

you don't want to piss off prison staff

27:14

or their friends and family. Even

27:17

a pop's own first to assist Randy

27:19

Yedanoke. The guy who came back and

27:21

said, hey, boss, they've got a point. That

27:24

guy. Up off said he starts

27:26

trying to talk him out of moving forward with

27:28

recalculating gay sense.

27:29

And he said at that time, why don't you just

27:32

object? They're gonna file this motion.

27:34

Just object. And then the

27:36

judge is gonna not grant it. The judge

27:38

is gonna he knows Anthony Gay. He's gonna say

27:40

Anthony Gay that no way the prosecutors

27:42

are wrong. And then it's gonna go to the appellate court.

27:45

And then let the appellate prosecutors deal with it. They're

27:47

not elected.

27:48

They're appointed. So

27:49

basically, he's saying you don't have to be the hero

27:51

here or the villain. You just

27:53

like, let it go.

27:55

Pass the buck. Pass into somebody else. Let

27:57

somebody else do it. And then you don't have to take

27:59

the e for it. Did you consider that at all? No.

28:01

For even a second? No. I

28:10

get the impression that up off is a

28:12

stubborn guy. He'll consider arguments

28:14

and think through them, but he doesn't go in

28:16

much for niceties. A classic, I'm

28:18

not here to make friends kind of guy. So

28:21

all this political talk about who would

28:23

think what? It didn't really change

28:25

much for him. He reviewed the law,

28:28

decided what it said, and that was

28:30

it. So we reached out to

28:32

Scott Main, gay's lawyer, and

28:34

said, looks like you're right. How

28:36

did you feel when you got that email? Unbelievably

28:39

happy. I

28:42

had been sort of a long time attorney

28:44

that did not ever

28:47

sort of expect

28:49

that the end of a conversation would

28:51

be with, like, yeah, we agree. Gay

28:53

was even more shocked. Because

28:55

he basically didn't trust anyone

28:58

in Pontiac. Remember, he

29:00

wouldn't even take a public defender because

29:02

he thought they'd be on the prison side. And

29:05

now, here was the state's attorney,

29:07

basically saying he should get out

29:09

earlier. I was definitely surprised because

29:11

I know there's a culture there. Right?

29:15

You know, there's a saying that says every man

29:17

who was truly a man was learned to stand

29:19

alone in the midst of all lovers. Give

29:21

me the against all others. And he

29:23

reminds me of that. So I have

29:25

to tilt my head's one. Yeah. For sure.

29:30

Days guilty verdicts still

29:32

stood, but the lawyers went back

29:35

and forth recalculating how

29:37

long he had to serve hind bars. If

29:39

approved, it meant instead of spending

29:42

his life in prison, gay would

29:44

go home

29:44

soon. They agreed to file a motion

29:46

together but up off had one

29:49

caveat. I don't want

29:51

a big press conference out in front of

29:53

Honeycutt Prison. Oh, look,

29:55

you

29:55

know, we prevailed on all this. I don't

29:57

want a big media fanfare. For

30:01

Maine and Gay, this was a major moral

30:03

victory. I bought prison, mental illness,

30:05

and solitary. About how punishment

30:08

can spin out of control. It'll be on logic.

30:11

But for Uphov, it was a case of just

30:13

following the law and trusting the system.

30:16

And he hoped the whole thing would go by without

30:18

too much attention. Now they just

30:20

had to get a judge to

30:21

agree. There was a hearing. What

30:23

was going through your mind in the courtroom that day?

30:25

I mean, I was very excited. Right?

30:28

Because I never gave

30:30

a hold. Right? And that was the payoff right

30:32

there. After all that time and work,

30:34

once they were in the courtroom, the

30:37

whole thing went pretty quick. A

30:39

judge asked a few questions and then

30:41

talk directly to

30:42

alpoff. I don't remember his words

30:44

bay verbatim, but he asked

30:46

him as short as something that he wanted to

30:48

do. And he told him this did

30:50

end up causing his 7Year. Or I

30:52

could end up with a noble peace problem.

30:54

Kaye's memory isn't exact, but

30:57

it's not far off. We got the

30:59

transcripts. The judge hold up off basically

31:02

If gay went on to commit a serious crime,

31:04

it would likely be a quote unquote career

31:06

buster for any state jobs. Quote,

31:09

because you can win a Nobel Prize after All

31:12

people in this county are gonna remember is

31:15

what happened in the courtroom today and

31:17

on whose recommendation.

31:18

He had been a judge for a long time.

31:21

He had seen people come and go,

31:23

probably. He was probably

31:25

a little more politically astute than I was

31:27

at that time.

31:28

According to the transcript, Up Off told

31:30

the judge, he understood, but it's

31:32

his obligation to apply the law equally

31:35

and fairly. Whenever

31:42

the risk were for up off, the stakes

31:44

were, of course, much higher for

31:46

gay. His

31:47

lawyer, Scott Main. And so I think

31:49

it was just an incredibly emotionally

31:52

charged moment. You thought you're

31:55

never gonna be able to come home to, there

31:57

is now a real chance that I

32:00

may come home very

32:01

soon. And and that was

32:03

something that will never leave me.

32:06

Then just like that, the

32:08

judge granted their request. There

32:11

were still details to work out. The gay

32:13

would be going home within a few years.

32:15

What was it like driving back to the prison

32:17

then? Like being in that van, going back

32:19

to the facility after that? And

32:22

a dream fulfilled. The

32:24

fight was worth it. And,

32:26

like, when I got back and I told people

32:28

people just, like, Prisons

32:30

was just exciting. Like, when I went

32:32

to the courthouse, as soon as I walked in,

32:35

they were screaming, like, 7Year and happy. Like,

32:37

even went home and I mean, they, like, made

32:39

a lot of

32:40

noise. Right? It was such a

32:42

rarity to see someone like them win

32:44

so big. Gay's friend Christopher

32:46

Knox who had racked up charges just like Gay.

32:49

He said this day was the first time in

32:51

a long time that he felt hope

32:53

that he might make it out of prison alive.

32:56

I never had that many years of

32:58

time when I was going through all that stuff, thought

33:00

I ever see these streets again, and how

33:03

I was done. They was

33:05

going to kill me. I was gonna kill myself. That's

33:08

how I felt. He he

33:10

motivated me to inspire me in so many

33:12

ways, man. No. Because

33:14

his story is ugly

33:16

though it's ugly, but at the same

33:18

time though it's beautiful. Just

33:20

like my eyes, 7Year so

33:22

ugly. But it's beautiful.

33:30

Even though there was no press conference, newspapers

33:33

still picked up the story. I was frustrated

33:35

because headlines were, you know, a

33:37

prosecutor agrees to reduce sentence or

33:40

inmate sentence produced. It

33:42

wasn't inmate sentence corrected.

33:45

It wasn't prosecutor insurers correct

33:47

sentence applied.

33:50

It was impossible at that point

33:52

for up off to believe this decision

33:55

about gay would go unnoticed. But

33:57

he was still two years away from election.

33:59

And he hoped maybe by then it would be ancient

34:02

history. But then when the

34:04

election rolled around, there was a twist.

34:07

Someone intimately familiar with the

34:09

gay case ran against

34:10

him. I appreciate jumping in here. My name is

34:12

Randy Yedan. And I do wanna be

34:14

your next Lucas and Cali States

34:15

attorney. This Cali has a lot of issues. Yep.

34:18

Randy Yedanach, Seth Alpoff's

34:20

now former first assistant. The

34:23

guy who initially looked into gay's case.

34:25

The guy who up off said warned him

34:27

he wasn't being politically smart when he

34:29

marched forward with recalculating gay

34:31

sentence. Were you surprised that

34:33

he decided to run against you?

34:35

I was under the particular

34:37

circumstances. Could

34:40

you were you close?

34:43

Yes. We were friends. We we had lunch

34:45

together almost every day. I'd been invited over

34:47

to his house for dinner with his wife and his

34:49

kids. And I thought of him as

34:51

really the truly the the the highest regard

34:53

of first assistant, which

34:54

is, you know, my my right hand

34:56

man. A path was hurt. His

34:58

sidekick was now his competitor. But

35:01

what really got to him was when people

35:03

on Yetanox side of the race began

35:05

bringing up Anthony Gay and saying,

35:08

Uphov had let off a dangerous criminal.

35:10

One letter to the editor in the local

35:12

paper explicitly mentioned Anthony Gay,

35:15

It warned people to note the date

35:17

gay would be released. Because anyone

35:19

who came in contact with him was at risk of

35:21

assault, quote, Uphov's

35:23

job is to protect us. He has

35:25

failed and put us all in danger. This

35:28

is why I and everyone should

35:30

vote for Randy Yet enoc. Yet

35:33

enoc posted the letter to his Facebook page.

35:35

The local asks me union, which represents

35:38

a lot of guards, endorsed Yetanak

35:40

too. I didn't see them

35:42

mention gay by name, but they said

35:44

they were confident Yetanak would quote,

35:47

ensure violent criminals who assault

35:49

staff will not be granted early

35:51

release. Randy

35:58

Yedanoke never agreed to an interview,

36:01

but we did go back and forth on email.

36:03

Yedanoke said he thought the issue of Anthony

36:06

Gay didn't play a huge role in

36:08

the election. And to be fair,

36:11

reading newspaper articles and social

36:13

media from the time does seem

36:15

like there were lots of other issues. Local

36:18

police didn't think Uphov was friendly

36:20

enough of law enforcement. People

36:22

characterized him as stubborn, not

36:24

willing to cooperate with others in the criminal

36:26

justice system, which I

36:28

can believe. That adds up for

36:30

someone willing to do what he did on

36:32

the Anthony Gay case. In

36:35

the end, Apophus pummeled. He

36:37

lost sixty to forty. Do you think that

36:39

the Anthony Gay thing had enough influence

36:41

on the race that it made a difference?

36:44

It's hard to say. It's hard to say.

36:46

It was a big voting block. With

36:48

that union. And that

36:51

it wasn't just a union also because that

36:53

anti law enforcement sentiment

36:55

or he's not gonna stand up for officers,

36:58

also trickled over into

37:00

regular law enforcement. And so

37:02

So you're not sure if the race would have been different.

37:05

Have happened one way or the other? No.

37:07

I don't know. I it it at least, in my opinion,

37:09

it at least would have been a lot closer. I may not

37:12

have won that election

37:12

anyway. I don't know. We'll never

37:14

know. So after all this happens in the state's

37:16

attorney's race, did your way you felt walking

37:18

around town change? I mean, this is your

37:20

hometown, did it change the feeling at all?

37:23

Nobody likes to lose. And

37:25

and to lose publicly. I mean, it's

37:28

politics is rough. It's a rough business.

37:30

And but you know, especially

37:32

as a prosecutor, you're elected to make the

37:34

tough decisions, to make the tough calls. And

37:36

if that means that someday, you're you're not in

37:39

that spot and so be it.

37:40

And, you know, politics. There's

37:42

no justice in politics. Uphov

37:45

said if he had to do it again, he'd

37:47

still work to recalculate gay's sentence.

37:50

But he'd be more diplomatic about the whole thing.

37:52

Reach out to the union, maybe work on his

37:54

talking points, so the press coverage was better.

37:57

He thinks if people would have understood that

37:59

he was just following the rules.

38:02

They'd see how he was truly a law

38:04

and order guy, not some enemy of

38:06

law enforcement. But honestly,

38:09

I'm not sure if that's true. I

38:11

don't think a puff story is about how

38:13

he failed to explain things well enough.

38:16

I think it's a story about how law

38:18

and order isn't really what

38:20

the prison system is run on. At least

38:23

not law and order as Uphov describes it.

38:25

A strict adherence to rules, carefully

38:27

parsed out, and applied consistently to

38:30

everybody. There are two

38:32

groups of people, prisoners and

38:34

guards, who can both do wrong

38:36

things. But one has the ability

38:39

to elect the person who decides when

38:41

to bring charges. The other

38:43

has very little b course. That's

38:46

how a man goes from a sentence of seven

38:48

years to a sentence of over hundred

38:51

7Year. That's what it comes down to for

38:53

me. Power, politics.

39:03

Gay was released in twenty eighteen.

39:06

He stepped over flowing boxes of his old

39:08

legal

39:09

files, in his dad's garage. I

39:12

felt like the

39:14

fight for justice had paid off,

39:16

but I felt like the mission

39:18

wasn't

39:19

complete. Because it's bigger

39:21

to me. Because

39:23

there were other guys on that wing who were still in the same

39:25

situation you had been? Right.

39:29

What do you think it meant to them to see for them

39:31

to see you win? I

39:33

know for sure it offered them hope. You

39:37

know, I got a letter from one of

39:39

the guys that I had wrote and told

39:41

them that I'm gonna start working

39:44

on something to try to help me. And now

39:46

I know he was surprised to hear from me.

39:48

And I got his letter right now, and he was

39:50

like, yeah, because people say that all the time. Right?

39:52

And they forget about you. But I'll

39:59

never forget about him because I'm I

40:02

know I'm close in person with what they're going through.

40:14

People in prison with mental illness are

40:17

still being prosecuted. The

40:19

Department of Corrections did not answer a detailed

40:22

list of questions we sent. But

40:24

told us they are obligated to report crimes

40:26

to the state's attorney, still Randy Yedanuk.

40:29

I also asked Yedanuk go for email about

40:31

the prosecutions. And he said, quote,

40:34

contrary to popular belief, correctional

40:36

officers do not sign up for this

40:38

type of behavior when they choose to wear

40:40

the uniform. It is not part of their

40:43

job to be physically assaulted, have

40:45

urine or feces thrown on them, or

40:47

be spat upon. Gay

40:52

says, of course, staff are horrified when

40:54

prisoners throw stuff at them. But

40:57

he believes that if people are really concerned

40:59

about staff assaults, instead of prosecutions,

41:02

they should fix the problems that cause

41:04

people to act

41:05

out. Like, hormonal health treatment

41:07

and segregation. They're not doing these

41:09

things because they're evil. They're not doing

41:11

these things because they hate correctional

41:13

officers. They're doing these things because they're

41:15

miserable.

41:24

When Shannon talked to Anthony, he was at his

41:26

parents' house. There was a poster

41:28

behind him that read dismantled

41:30

solitary confinement. It's

41:33

part of campaign that he worked on to eliminate

41:35

the practice in Illinois. The

41:37

State Department of Corrections said in a

41:39

written statement, that they consider a

41:41

person's mental health when placing them in

41:43

solitary. And while Illinois

41:45

has reduced its use of solitary confinement

41:48

in recent years, the practice

41:50

is still in use.

41:56

After the break, I think press

41:58

acuteers are the most powerful

42:00

people in the courtroom. You know? They

42:02

can decide how to charge

42:03

you, what to charge you with, whether or not they

42:06

should charge you at all. We take

42:08

Anthony Gay's story to a different

42:10

criminal justice expert. That's

42:12

next on reveal. Hello,

42:24

listener. My name is Najib Bahini,

42:27

and I am a producer here at

42:29

REVEAL. REVEAL is a nonprofit

42:32

news organization, and we depend

42:34

on support from our listeners, listeners

42:36

like you. Donate today

42:38

at reveal news dot org slash

42:41

doni. It helps fund the

42:43

stories that we tell, and and helps

42:45

me feed my cap. So

42:47

thank you.

42:52

From the center for investigative reporting in

42:55

PRX, this is Reveal. I'm

42:57

outlets in and I'm recording

43:01

Alright. Erlawn is recording. Hello.

43:04

Yeah. That sound cool. Alright. Here

43:06

we go. Here we go. Here we go. We just

43:08

heard how a prosecutor in a prison

43:10

town got voted out of office after

43:13

helping to reduce a man's sentence. I

43:15

wanted to take this story to a friend of mine

43:17

who just spent a lot of time learning

43:19

about a different prison

43:21

town. Erlawn, what is

43:23

up?

43:24

I'm I'm doing alright, man. I'm

43:26

enjoying life, man. That's all like to

43:28

say, I'm enjoying life. Erlawn

43:30

Woods is the host of the podcast earhustle.

43:33

He started making it with his cohost Nigel

43:35

Porter when he was doing time in Saint Quentin.

43:37

Now, he's out of prison and still working

43:40

on the podcast from the outside.

43:42

When we first aired this show, Hussle

43:45

had just released an episode about

43:47

a California town called Susanville

43:50

and how people living there had been shaped

43:52

by local presence. I

43:56

just listened to gabrieline Silver

43:59

Queen, and I should say that, like, that episode

44:01

is basically about a prison town that

44:04

is facing closure of

44:06

of one of its biggest prisons. Right? Right.

44:08

Right. Yes. The thing that struck

44:11

me is it just felt like a lot

44:13

of people in that town were also stuck

44:15

in cycles of of violence

44:18

The one correctional officer that you guys

44:20

got to talk to was really open and honest

44:22

with you, which, you know, in all the years I've been listening

44:25

to the ear hustle, I don't think I've

44:27

ever heard that type of interview.

44:29

Right. Right. Right. But it was just really

44:31

clear that he was so affected

44:34

by his time working in the prison.

44:37

Definitely. Now, you know, it's a trip.

44:39

You know, most officers do not

44:41

wanna talk to us either as by

44:43

fear of what other officers may

44:46

say about it, you know. And

44:48

every now and again, you would give one or two that's

44:50

like, man, what's up? I'll sit down and chop it

44:52

up with you. And think

44:55

the the guy we we interviewed. He was

44:57

very open, you know. Like you

44:58

say, he was at the end of his career, so he wasn't tripping.

45:00

Alright. So I wanna set it up. So

45:03

this is clip of you and your cohost,

45:05

Nigel Poare, talking with Dave Harwood,

45:08

who at the time, was a lieutenant at California

45:10

Correctional Center in Susanville.

45:13

So when you started twenty years ago,

45:16

can you describe who you were at that point?

45:20

Probably a lot more outgoing than

45:22

I am now. I would probably

45:25

be a lot more trusting than I

45:27

am now, a lot more relaxed

45:30

than I am now. I'll

45:32

be honest. I've been through a lot in the last

45:34

few years. There's probably undiagnosed,

45:37

my self diagnosis probably some PTSD.

45:41

I'm still kind of the same guy as

45:43

far as my activity levels go.

45:45

Mhmm.

45:47

But, yeah, way more trusting

45:49

than I am now.

45:50

So what changed those things?

45:53

Seeing what humans can do to each

45:55

other. And how quickly people

45:57

can turn on each other.

45:59

So when you go into a restaurant, what's

46:02

your I sit where I can see

46:05

what's coming. My

46:07

wife will adjust where she

46:10

sits so that I can

46:13

I have to see it coming? So

46:15

I sit where I can do that. You gotta watch that door.

46:17

Wait. Wait. Wait. You

46:18

always think about where we live.

46:20

Who coming through the door? You wanna at least see Well,

46:22

no.

46:22

And yeah. And, I mean, you

46:24

guys walk past things that I use

46:26

as protection as you walk through my house, but you never

46:29

saw them. As someone who was formerly

46:31

incarcerated, when you hear this correctional

46:33

officer talking about his

46:36

experience, which is on the other side

46:38

of what your experience was, what

46:41

kind of runs to your mind?

46:43

Well, you know, and when you look at corrections

46:45

and and and I know we in that specific

46:48

situation, we was talking about the differences between

46:51

a maximum security prison and

46:53

lower security. It's a whole different mentality.

46:55

So as I sat there and listened to him,

46:57

I pretty much can understand that I can relate to

46:59

him what his concerns are I

47:02

think, personally, I've always thought in

47:04

my head like, why is there a level

47:06

system set up anyway? And

47:08

just for our our listeners who aren't familiar

47:10

with that, Like, when we say level system,

47:12

there are prisons that are --

47:15

Maximum security -- Right. -- which should be

47:17

the highest levels. And then there's lower way you

47:19

can be in dorm living and level ones where

47:21

you could be outside the prison on fire camps

47:23

and

47:23

stuff. And so, like, the maximum security,

47:26

like, there's a fear that, like, these people

47:29

are more violent than say

47:31

someone in a lower security

47:33

prison.

47:34

Well, I mean, that's the theory, but that's not

47:36

true. I mean, like, you could take a person

47:38

that has three strikes. And they

47:40

they third strike might have been for still

47:42

in something out of the store. Based

47:45

on they have a life sentence attached to

47:47

that three strike sentence, it puts them

47:49

in position to go to a a level

47:51

four prison. It's and you don't necessarily have

47:53

to be, as they say, the worst of

47:55

the worst, anybody can go to a level four prison.

47:58

Yeah. I

47:59

wanna rewind a little bit because

48:02

a lot of this episode deals with a prosecutor

48:04

and the decisions that he made.

48:07

How much power from your vantage point

48:09

of someone who has been in

48:11

the system, but also is now reporting

48:13

on the system. How do you see

48:16

seculators wielding their power across

48:18

the country. I

48:20

think prosecutors are

48:22

the most powerful people in the

48:24

courtroom. You know? They can decide

48:26

how to charge you, what to charge you with, whether

48:28

or not they should charge you at all. So

48:30

I think when it comes to power

48:32

dynamic, the prosecutors are the most powerfulest

48:35

person The judge is just a referee. And

48:37

the head of a county

48:39

or a city's prosecution, the

48:42

district attorney they're usually

48:44

in elected position, which means that,

48:46

like, if they make a decision that

48:50

maybe the public do not agree

48:52

with, they can get voted out.

48:54

That that is correct. Even

48:57

if prosecutors, you know, wanna

49:00

go in and just shake it up a little bit,

49:02

and let's say, instance, the local law

49:04

enforcement is not liking what they're doing

49:06

or, let's say, they starting to charge law enforcement

49:09

officers with, let's say, these these

49:12

shootings that's on video. You know,

49:14

that's the the people that usually come out against

49:17

them and build the support to try

49:19

to get them removed from office. So

49:22

towards the end of the story about

49:24

Anthony Gay, we find out that the prosecutor

49:27

did lose the county reelection to his

49:29

assistant. Now the prosecutor has

49:31

a theory that if he'd only explained

49:33

things better that he was just fixing

49:36

a mistake, trying to apply the law correctly,

49:38

and not actually reducing a sentence,

49:41

then maybe the election would have

49:43

turned out differently. But the reporter

49:45

sort of disagrees with him on that point.

49:47

She thinks that The issue was

49:49

that he let an incarcerated person

49:52

leave the prison

49:53

early. What are your thoughts on that?

49:57

Well, you know, one thing I do understand

49:59

about politics especially on this level

50:01

is that fear mongering usually

50:03

went out. If you have enough individuals

50:06

making enough sound

50:09

bites on that fear

50:10

level, it wins out in the air. That's

50:12

real talk. No cut, no chase. You know?

50:17

That's Erlawn Woods, cohost of

50:20

the Earhorses Podcast. They have

50:22

a new season coming out season

50:24

eleven next month. You can check it

50:26

out wherever you get your podcast. Today

50:32

show was made in partnership with the podcast

50:34

motive from WBEZ Chicago.

50:37

Shannon Heffernan was the lead reporter Jesse

50:40

Duke's produced the episode with Joe

50:42

DeSoto and Marie Mendoza. Rob

50:44

Will DeBoer edited the show. Kevin

50:46

Dawson is the executive producer of motive,

50:49

Additional reporting and production by

50:51

Cola McNulty, Candice Middle Khan,

50:53

and Arnold Padron, original

50:55

music by QShop. WBEZ

50:58

just released a new season of motive

51:00

following the lives of anti violence workers

51:02

in Chicago. Subscribe wherever

51:04

you get your podcasts. Reveal's General

51:07

Counsel is Victoria Berenitsky. Our

51:09

production manager is Steven Rasgon, scoring

51:12

sound designed by the dynamic duo,

51:14

Jay Breezey, mister Jim Briggs and Fernando,

51:16

my man, Yo, Aruda. Our post production

51:19

team this week also includes Catherine

51:21

Steyr Martinez. Our digital producer,

51:23

Sarah Murr Our CEO is Robert

51:25

Rosenthal, our COO is Maria

51:27

Feldman, our Interim Executive Producers

51:30

of Tawke Telenitas and Brett Myers,

51:32

our theme music by Comerado, like

51:35

support for reveals provided by the Ford

51:37

Foundation, the Reaver and David Logan

51:39

Foundation, the John d and Catherine team,

51:42

MacArthur Foundation, the Jonathan Logan

51:44

Family Foundation, the Robert Wood

51:46

Johnson Foundation, the Park Foundation,

51:48

and the Hellman Foundation. Revel is

51:50

a coproduction of the Center for Investigative Reporting

51:53

in PRX. I'm Alexin.

51:56

And remember, there is always more

51:58

to the story.

52:09

From PRX.

Unlock more with Podchaser Pro

  • Audience Insights
  • Contact Information
  • Demographics
  • Charts
  • Sponsor History
  • and More!
Pro Features