{"id":547,"date":"2019-10-22T17:13:33","date_gmt":"2019-10-22T22:13:33","guid":{"rendered":"http:\/\/stories.kera.org\/price-of-prison\/?p=547"},"modified":"2019-10-23T11:16:30","modified_gmt":"2019-10-23T16:16:30","slug":"exoneration-does-not-give-back-time","status":"publish","type":"post","link":"https:\/\/stories.kera.org\/price-of-prison\/2019\/10\/22\/exoneration-does-not-give-back-time\/","title":{"rendered":"Exoneration Doesn&#8217;t Pay Back Lost Time \u2014 But It Helps"},"content":{"rendered":"<p>Two decades in prison is a long time to go without a job or a paycheck. For parents, that&#8217;s also 20 years of missed childhood moments. Edward Ates feels the full weight of those losses, especially since he&#8217;s maintained his innocence since day one. Those years behind bars stole his life as a family man, and they wrecked his finances.<\/p>\n<p>Now, his lawyers are fighting to get him exonerated. If they succeed, Ed&#8217;s economic worries, at least, will be behind him.<\/p>\n<h4>&#8216;Dad was not coming home&#8217;<\/h4>\n<div id=\"attachment_1122\" style=\"max-width:100%;  width: 325px\" class=\"wp-caption alignright\"><a href=\"http:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/OCA_Prison_Ates2-2.jpg\"><img loading=\"lazy\" decoding=\"async\" class=\"wp-image-1122\" src=\"http:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/OCA_Prison_Ates2-2.jpg\" alt=\"A fellow inmate gave Ed a painting of his grandmother, Maggie Dews. She died while Ed was in prison. \/ Photo: Allison V. Smith for KERA\" width=\"325\" height=\"290\" srcset=\"https:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/OCA_Prison_Ates2-2.jpg 1532w, https:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/OCA_Prison_Ates2-2-300x267.jpg 300w, https:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/OCA_Prison_Ates2-2-768x684.jpg 768w, https:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/OCA_Prison_Ates2-2-1024x912.jpg 1024w, https:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/OCA_Prison_Ates2-2-1360x1212.jpg 1360w, https:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/OCA_Prison_Ates2-2-800x713.jpg 800w, https:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/OCA_Prison_Ates2-2-450x401.jpg 450w\" sizes=\"auto, (max-width: 325px) 100vw, 325px\" \/><\/a><\/p>\n<p class=\"wp-caption-text\"style=\"max-width:100%;  width: 325px\" >A fellow inmate gave Ed this painting of his grandmother, Maggie Dews. She died while Ed was in prison. \/ Photo: Allison V. Smith for KERA<\/p>\n<\/div>\n<p>When Elnora Griffin was murdered in 1993 just east of Tyler, police zeroed in on Ed as a suspect. The victim lived near his grandma, and he&#8217;d visited with Griffin the night she was killed. But none of his DNA was found at the crime scene.<\/p>\n<p>Even with the trial on the horizon, Ed wasn&#8217;t panicking \u2014 because he didn&#8217;t do it, he said.<\/p>\n<p>&#8220;I just thought they were going to do what they were going to do and it was going to be over. My lawyer said they don&#8217;t have any evidence,&#8221; Ed said. &#8220;They saying they got this, they got that, but they don&#8217;t have anything \u2014 which I already know [because] I didn&#8217;t do anything.&#8221;<\/p>\n<p>From the start, Ed has maintained his innocence. But the jury found otherwise.<\/p>\n<p>He was convicted of murder and sentenced to 99 years in prison. He entered in 1998, leaving behind a daughter, Kyra, and his wife, Kim Ates \u2014 who was five months pregnant with their son, Zach.<\/p>\n<p>Ed was paroled in 2018, after serving 20 years. Now, Kim and Ed live under the same same roof again. But they both remember those difficult decades without each other.<\/p>\n<figure class=\"mt-insert\">\n<div id=\"attachment_1095\" style=\"max-width:100%;  width: 2500px\" class=\"wp-caption aligncenter\"><a href=\"http:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/OCA_Prison_Ates1.jpg\"><img loading=\"lazy\" decoding=\"async\" class=\"wp-image-1095 size-full\" src=\"http:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/OCA_Prison_Ates1.jpg\" alt=\"Kim and Ed sit on a couch together at home. Photo: Allison V. Smith for KERA\" width=\"2500\" height=\"1667\" srcset=\"https:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/OCA_Prison_Ates1.jpg 2500w, https:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/OCA_Prison_Ates1-300x200.jpg 300w, https:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/OCA_Prison_Ates1-768x512.jpg 768w, https:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/OCA_Prison_Ates1-1024x683.jpg 1024w, https:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/OCA_Prison_Ates1-1360x907.jpg 1360w, https:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/OCA_Prison_Ates1-800x533.jpg 800w, https:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/OCA_Prison_Ates1-450x300.jpg 450w\" sizes=\"auto, (max-width: 2500px) 100vw, 2500px\" \/><\/a><\/p>\n<p class=\"wp-caption-text\"style=\"max-width:100%;  width: 2500px\" >Kim and Ed at home in Cedar Hill, Texas. \/ Photo: Allison V. Smith for KERA<\/p>\n<\/div>\n<\/figure>\n<p>Kim and the children were, &#8220;I would say, existing,&#8221; she said at their Cedar Hill home in August. &#8220;Not living, but existing. Our daughter was just 3, so she really didn&#8217;t understand that her dad was not coming home.&#8221;<\/p>\n<p>In prison, Ed was sad and angry. Memories of his wife and kids were painful.<\/p>\n<p>&#8220;Thinking about your family every day, you know \u2014 as bad as you may want to, you just put it to the side,&#8221; he said. &#8220;Because it always creeps back up on you at night.&#8221;<\/p>\n<p>Meanwhile, Kim tried to absorb the financial shock of a husband behind bars. She&#8217;d always worked full-time, as a manager at a company that processes credit card transactions. And back when Ed was a free man, he brought home about $2,000 a month as a truck driver.<\/p>\n<div id=\"attachment_1128\" style=\"max-width:100%;  width: 325px\" class=\"wp-caption alignright\"><a href=\"http:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/OCA_prison_grad.jpg\"><img loading=\"lazy\" decoding=\"async\" class=\"wp-image-1128\" src=\"http:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/OCA_prison_grad.jpg\" alt=\"Zach Ates graduated high school in 2018. His father wasn't paroled until September of that year. \/ Photo: Allison V. Smith for KERA\" width=\"325\" height=\"255\" srcset=\"https:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/OCA_prison_grad.jpg 2126w, https:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/OCA_prison_grad-300x235.jpg 300w, https:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/OCA_prison_grad-768x602.jpg 768w, https:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/OCA_prison_grad-1024x803.jpg 1024w, https:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/OCA_prison_grad-1360x1066.jpg 1360w, https:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/OCA_prison_grad-800x627.jpg 800w, https:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/OCA_prison_grad-450x353.jpg 450w\" sizes=\"auto, (max-width: 325px) 100vw, 325px\" \/><\/a><\/p>\n<p class=\"wp-caption-text\"style=\"max-width:100%;  width: 325px\" >Zach Ates graduated high school in 2018. His father wasn&#8217;t paroled until September of that year. \/ Photo: Allison V. Smith for KERA<\/p>\n<\/div>\n<p>But when he went to prison, that income was gone.<\/p>\n<p>There were days Kim didn&#8217;t have enough money to put gas in the car. She eventually sold their home and moved in with her parents, which provided greater stability for her and the children.<\/p>\n<p>But Ed didn&#8217;t have a support system like that, Kim said.<\/p>\n<p>&#8220;He wasn&#8217;t a big smiler anyway,&#8221; she said. But &#8220;like, the life sucked out of him.&#8221;<\/p>\n<p>It was true. After almost 18 years behind bars, Ed was feeling hopeless.<\/p>\n<p>Then he got a letter.<\/p>\n<p>Bob Ruff&#8217;s podcast &#8220;<a href=\"https:\/\/art19.com\/shows\/truth-and-justice-with-bob-ruff\" target=\"_blank\" rel=\"noopener\">Truth and Justice<\/a>&#8221; investigates potential wrongful convictions \u2014 and he wanted to talk. He&#8217;d even put money in Ed&#8217;s commissary account for a phone call.<\/p>\n<p>Ed was skeptical.<\/p>\n<p>&#8220;It started ringing and \u2014 I don&#8217;t know if I was getting a panic attack or what \u2014 I just hung the phone up,&#8221; Ed said. &#8220;I finally called him back in a couple of days, and that&#8217;s when it started.&#8221;<\/p>\n<p>Ruff dove into Ed&#8217;s case. &#8220;I have to say that I&#8217;m absolutely astonished that he got convicted,&#8221; Ruff said during one of the dozens of episodes he devoted to Ed&#8217;s story.<\/p>\n<h4>Exoneration journey begins<\/h4>\n<p>Ruff reached out to the <a href=\"https:\/\/innocencetexas.org\/\" target=\"_blank\" rel=\"noopener\">Innocence Project of Texas<\/a> and lawyers there took on the case.<\/p>\n<p>The exoneration process can take years. But it may also lead to financial freedom for the Ates family.<\/p>\n<p>When Ed came up for parole for the third time, podcast listeners sent hundreds of letters of support. After 20 years \u2014 at the age of 50 \u2014 Ed was paroled, walked out from behind bars in September 2018 and into his family&#8217;s arms.<\/p>\n<div class=\"kerabox boxwidth100\"  style='background:#f5f5f5;'>\n<h4>VIDEO: &#8216;We were pretty inseparable&#8217;<\/h4>\n<p>Ed and Kim share their first impressions of each other when they met in the early &#8217;90s:<\/p>\n<p><iframe loading=\"lazy\" width=\"900\" height=\"506\" src=\"https:\/\/www.youtube.com\/embed\/bbIs5AMbApE?feature=oembed\" frameborder=\"0\" allow=\"accelerometer; autoplay; encrypted-media; gyroscope; picture-in-picture\" allowfullscreen><\/iframe><\/p>\n<\/div>\n<p>&#8220;This is my first place, my number one stop and my last,&#8221; Ed said of home. &#8220;This is where I&#8217;d rather be. I mean, I feel safe here, you know?&#8221;<\/p>\n<p><span class=\"tooltips \" style=\"\" title=\"When an offender is released after serving a portion of their sentence\">Paroled<\/span> isn&#8217;t the same as <span class=\"tooltips \" style=\"\" title=\"When a court order discharges a person from liability\">exonerated<\/span>, though. That&#8217;s why Allison Clayton with the Innocence Project is hard at work on Ed&#8217;s case.<\/p>\n<p>&#8220;We&#8217;re pretty sure we know who the real murderer was,&#8221; Clayton says. &#8220;We know that evidence supporting our theory at least at one point in time did exist \u2014 should still exist \u2014 and we&#8217;re running after that evidence.&#8221;<\/p>\n<p>Exoneration can mean many things. Clayton&#8217;s working to get Ed exonerated with what&#8217;s known as a finding of &#8220;actual innocence.&#8221; That&#8217;s the key.<\/p>\n<p>&#8220;So in Texas we have a very, very good compensation program for exonerees who have an actual innocence finding,&#8221; Clayton says &#8220;And that phrase right there is always the kicker, right? Because you have to have that declaration of <span class=\"tooltips \" style=\"\" title=\"To prove actual innocence, a defendant must undermine the legal confidence in an earlier verdict by showing new evidence. Usually that evidence must not have been available to the defendant at trial. &lt;a href=&quot;https:\/\/definitions.uslegal.com\/a\/actual-innocence\/&quot; target=&quot;_blank&quot; rel=&quot;noopener&quot;&gt;Learn more&lt;\/a&gt;.\">actual innocence<\/span>.&#8221;<\/p>\n<div id=\"attachment_1137\" style=\"max-width:100%;  width: 300px\" class=\"wp-caption alignright\"><a href=\"http:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/oca_prison_ates_vertport.jpg\"><img loading=\"lazy\" decoding=\"async\" class=\"wp-image-1137\" src=\"http:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/oca_prison_ates_vertport.jpg\" alt=\"&quot;This is my first place, my number one stop and my last,&quot; Ed said. \/ Photo: Allison V. Smith for KERA\" width=\"300\" height=\"450\" srcset=\"https:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/oca_prison_ates_vertport.jpg 2500w, https:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/oca_prison_ates_vertport-200x300.jpg 200w, https:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/oca_prison_ates_vertport-768x1152.jpg 768w, https:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/oca_prison_ates_vertport-683x1024.jpg 683w, https:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/oca_prison_ates_vertport-1360x2040.jpg 1360w, https:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/oca_prison_ates_vertport-800x1200.jpg 800w, https:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/oca_prison_ates_vertport-450x675.jpg 450w, https:\/\/stories.kera.org\/price-of-prison\/wp-content\/uploads\/sites\/22\/2019\/10\/oca_prison_ates_vertport-300x450.jpg 300w\" sizes=\"auto, (max-width: 300px) 100vw, 300px\" \/><\/a><\/p>\n<p class=\"wp-caption-text\"style=\"max-width:100%;  width: 300px\" >&#8220;This is my first place, my number one stop and my last,&#8221; Ed said. \/ Photo: Allison V. Smith for KERA<\/p>\n<\/div>\n<p>If you do, for every year of wrongful conviction, the state owes you $80,000. That&#8217;s $1.6 million in Ed&#8217;s case.<\/p>\n<p>That would change his life. But Kim says it can&#8217;t change the past.<\/p>\n<p>&#8220;Our kids didn\u2019t have him growing up,&#8221; she says. &#8220;The other dads are there cheering their kids on, or coaching them on the sideline, or taking them in the backyard, throwing the ball with them. You know he never got to experience that, and I think that hurts, a lot.&#8221;<\/p>\n<p>Still, Ed says exoneration would <a href=\"https:\/\/www.texasmonthly.com\/articles\/truth-justice-podcast-army-free-ed-ates\/\" target=\"_blank\" rel=\"noopener\">ease the pain<\/a> of those 20 lost years.<\/p>\n<p>&#8220;Yeah, I want an exoneration, I still do. They&#8217;re working on it,&#8221; he says. &#8220;Right now, you know, you&#8217;re just in limbo and just waiting. But if I&#8217;ve got to be waiting right here at home, I&#8217;m fine with it.&#8221;<\/p>\n<p>That wait may last years. In the meantime, Ed works for the City of Dallas making $16.50 an hour. He barbecues with friends and goes to church. His family&#8217;s together again. And that makes the drawn-out battle to clear his name a little easier to fight.<\/p>\n<p>&nbsp;<\/p>\n<div class=\"kerabox boxwidth100\"  style='background:#f5f5f5;'>\n<h4>Explore more:<\/h4>\n<p>&nbsp;<br \/>\n\u00bb Hear, read and view <a href=\"http:\/\/stories.kera.org\/price-of-prison\/\">the entire One Crisis Away: The Price Of Prison series from KERA<\/a><\/p>\n<p>\u00bb Browse <a href=\"http:\/\/stories.kera.org\">all special KERA reporting projects<\/a><\/p>\n<p>\u00bb Go to <a href=\"http:\/\/keranews.org\/\" target=\"_blank\" rel=\"noopener\">KERA News&#8217; daily website<\/a><br \/>\n&nbsp;\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>Ed Ates lost 20 years&#8217; worth of income in prison. But if the lawyers fighting to exonerate him win, he&#8217;ll never have to worry about money again. <\/p>\n","protected":false},"author":14,"featured_media":1080,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"audio","meta":{"footnotes":""},"categories":[2],"tags":[],"class_list":["post-547","post","type-post","status-publish","format-audio","has-post-thumbnail","hentry","category-one-crisis-away-price-of-prison","post_format-post-format-audio","byline-courtney-collins"],"_links":{"self":[{"href":"https:\/\/stories.kera.org\/price-of-prison\/wp-json\/wp\/v2\/posts\/547","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/stories.kera.org\/price-of-prison\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/stories.kera.org\/price-of-prison\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/stories.kera.org\/price-of-prison\/wp-json\/wp\/v2\/users\/14"}],"replies":[{"embeddable":true,"href":"https:\/\/stories.kera.org\/price-of-prison\/wp-json\/wp\/v2\/comments?post=547"}],"version-history":[{"count":103,"href":"https:\/\/stories.kera.org\/price-of-prison\/wp-json\/wp\/v2\/posts\/547\/revisions"}],"predecessor-version":[{"id":1186,"href":"https:\/\/stories.kera.org\/price-of-prison\/wp-json\/wp\/v2\/posts\/547\/revisions\/1186"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/stories.kera.org\/price-of-prison\/wp-json\/wp\/v2\/media\/1080"}],"wp:attachment":[{"href":"https:\/\/stories.kera.org\/price-of-prison\/wp-json\/wp\/v2\/media?parent=547"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/stories.kera.org\/price-of-prison\/wp-json\/wp\/v2\/categories?post=547"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/stories.kera.org\/price-of-prison\/wp-json\/wp\/v2\/tags?post=547"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}