The Luckiest of the Unlucky
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I'm Ayesha Roscoe, and this is a Sunday Story from Up First, where we go beyond the news of the day to bring you one big story. We're continuing with the story of Ben Spencer, a man who has been fighting what he maintains is his wrongful conviction and sentenced to life in prison. If you haven't listened to the first part of the series, please go back and listen to that. That's going to give you all the background that you need. Now, Barbara, as you explained in the first episode, the 1990s were this pivotal time in the American justice system. It was the tough on crime era, but it was also this time of technological change, including the arrival of DNA testing, which to date has helped to free about thirty six hundred innocent prisoners.
You told us, however, DNA didn't help Ben Spencer because police didn't obtain any DNA from the crime scene. So while there was new hope for many wrongfully convicted, there wasn't that hope for Ben.
That's right, Aisha. And on top of this, in the 1990s, Ben suffered a lot of personal losses. I mean, think about it. He lost his freedom. He lost his future. He lost his family. When Ben was arrested, his wife was seven months pregnant. So he lost the chance to raise his son. But for him, the worst thing was the toll that his life sentence took on his wife, Deborah. I talked to her, and she told me it was simply agonizing.
I remember times he would call, and I would just cry on the phone. He'd say, don't cry. It's going to be okay. He would always tell me, you know, I know I'm here. I want you to live your life. I want you to do what makes you happy. And, you know, I'll be okay.
So in 1993, he asked Deborah to divorce him so that she could move on with her life. And after a couple of years of resisting, she did. Ben said she finally agreed.
I knew that being in a relationship with a husband that wasn't present, she couldn't be too happy like that. In fact, I've been told a number of times that when she would come visit me, that she would cry most of the way home. And I mean, that's just, to me, that wasn't a life for anybody.
You know, that was very unselfish of him, but so painful. And he really lost this lifeline, right, with who was his wife.
Yeah, absolutely. But, you know, despite the divorce, Deborah remained his most loyal and faithful friend. And, you know, they stayed in touch.
Outside of Deborah, was there anything else positive going on in his life?
Well, not really. I mean, he had friends, but one by one, they were paroled or exonerated. And he had his faith, but there wasn't actually very much good happening in his life. That is, not until May 20, 2001, when he gets a visitor, Jim McCluskey at Centurion Ministries. As I said, Ben had started writing to this ministry in 1989, but until this day, no one had actually come to talk to him in person. And Jim left the prison convinced that Ben was innocent. If you remember, this is how I put it.
I walked away thinking, we can't leave this man behind. We just can't do it. He had nothing to do with this crime.
But, you know, as you said, courts are very unlikely to go against a jury decision and his appeals have been denied. So so what does Jim do?
Jim goes to work, right? Boots on the ground. He and another investigator began interviewing anyone even remotely connected to the case. 200 people, actually, about 200 people. And Jim's goal was just to persuade a judge to consider new evidence in what's called an evidentiary hearing. And guess what, Aisha? He does indeed find new evidence that shows how flawed the investigation was and how flawed the trial was. Okay, so tell me more about that. Yeah. So first, there is a forensic visual scientist. Now, that's a guy who's an expert on what people are... physically able to see in different lighting conditions. And he showed that Gladys Oliver and the two teenagers could not possibly physically identified anyone that night from so far away. And then second, the jailhouse informant. So at trial, Danny Edwards, the informant, had said that he never received a deal in exchange for his testimony. In fact, he told the jury that he testified out of moral outrage at Ben's alleged crime.
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