Mistake. The detective was like you will tell us you did this, and im like man, i didnt do anything. You hear the judge say guilty everything froze. Two brothers convicted of murder fight back against the justice system. Twice as a pattern, a pattern of how to gain a conviction. I knew they were innocent and the question was do we have enough . You have witnesses saying the testimony was coalhurst, can they will be lying . If i have to die in this situation, led it to be said that i would die trying to prove that i was an innocent man. Never that i gave up. Never. Hello, and welcome to dateline. Imagine spending nearly your entire adult life, behind bars for a crime you did not commit. The men that you are about to me, say that nightmare felt all too real. Three decades long journey to prove their innocence, they face countenance roadblocks. Giving up was not an option. But, with their fight lead to freedom . Here is, the long road to freedom. Tulsa, oklahoma. Look at a list of top places to live, and you will often find. A city of promise of a new kind of energy, as its motto says. But look a bit closer. Just over the Railroad Tracks that separate the north from the south side. And you will find a city divided. Segregated. As and if you walk deeper into north tulsa, past the boarded up houses, and broken basketball hoops, you will hear a story that is all too familiar. Theth had to deal with the pain, the anger, the frustration, the sadness. The missouri, you know. Like the families of george floyd, ahmaud arbery, breonna taylor, michael brown, and hundreds of other Young African americans whose names are being chanted in protest nationwide, Malcolm Scotts, wants his story told. Because if we do not know it exists, how can we do anything about it . His story, starts like so many other black lives, that have struggled to matter. Raised in poverty, under the watchful suspicious eye of the police. And destined to a life of runins with the law. But at its heart, it is a story about two brothers, malcolm and cory, and a bond that could not be broken. Not even in the face of an imaginable odds. What was it like, growing up in tulsa . You felt like you are always home. Familiar faces always around you. Large family, very upstanding. 12 brothers and sisters. 12 . Yeah, it was crowded. I was very big into sports. Me having a football in my hand was life. Malcolm caught the football bug, from cory. Who was his older half brother, and best friend. We have a beautiful relationship. My mama would tell me he is crazy about you. He would do everything you do. As a young teenager, malcolm dealt with a father, who struggled with alcohol addiction. And sometimes abused him. Cory, was his safe haven. I had to protect him. Did he kind of start to play the role of dad . I could better relate to him. I did not fear him. And i felt kinda safe with him. Feeling safe, was rare, in north tulsa. This was where the poorest of the poor lived. A place with very few social services, but lots of crack cocaine, and gang violence. The night of august 3rd, 1990, was typical, on the corner of atlanta and forth. A gun was fired. Cory says, he happened to be driving through. I looked to where the shot came from, and i saw the dude fall. And as we got right there, and i looked and saw his chest was still moving, he was still breathing, and i was like, man, somebody call an ambulance for him. When police arrived, they found this man, 29yearold james, a small time drug dealer, dead on the sidewalk, he had been shot once in the chest, and robbed. Police stopped cory at the scene. Some of his friends were known gang members, and police thought cory was too. But he had no criminal record. And they pulled us out of the car, they searched my car, they searched us down, and let us go. Investigators, were not able to develop any leads, and the case went cold. But six months after his death, a 16yearold told police, he saw the shooter. It was cory. Police arrested cory, and charged him with first degree murder. I was taken to the homicide division, and the detective was, like you are going to tell us you did this. And i was like, man, i aint did nothing. At trial, thomas became the prosecution star witness, and prosecutors had more evidence. They played an Interrogation Video of corys friend, ben king, who was with him that night. In which, he too, told detectives, that cory was the killer. Cory took the stand in his own defense, and testified that he tried to help the victim. Not kill him. I can remember the da, said if they dont believe you, you are going to the penitentiary for the rest of your life. And i just, i said yeah but the truth will come out. The jury did not believe him. And found cory, guilty. On june 25th, 1991, he was sentenced to life and shipped off to a maximum security prison. Just like that, he was out of malcolms life. Cory left when i was no more than 13. And that was hard. To fill the void, malcolm started to hang out more with demarco carpenter. A basketball player, and neighborhood jokester. I was going to be a comedian. I thought i was so funny. I always told jokes. And get the girls, and make them laugh. But in north tulsa, fun could easily turn tragic in a split second. Malcolm and demarco were at a party spot, late one night, in december 1993, when a driveby shooter hit the place. Malcolm was grazed, but demarco was badly injured. He was rushed to the hospital, malcolm by his side. He said hang in, there keep your eyes open. And he was holding my hand. And i remember him squeezing, hold on, hang in there. Losing his brother to prison, then seeing his friend almost die, hardened malcolm. He inched a bit closer to the streets. In fact, Police Caught him with a handgun, something he says, probably would not have happened, if cory had been around. Hes always been the one to say man no, what are you doing. You do and none of that. You need to be in school. Are you need to get that football. Malcolm, had always wanted to follow in his brothers footsteps. And he was about to. Soon, another tulsa murder. And another shock, for young malcolm. Coming up. Fingers are pointed at malcolm, and his friend. These witnesses said they saw malcolm and demarco there. They saw the shooting. They identified them. I just froze. Its like, time just suspended for a second. When dateline continues. Kayaking is my thing. Running is awesome. But her moderate to severe eczema would make her skin so uncomfortable. Now im staying ahead of it. Dupixent helps heal your skin from within. So, they can have clearer skin and less itch. Serious allergic reactions can occur that can be severe. Tell your doctor about new or worsening eye problems such as eye pain or Vision Changes including blurred vision, joint aches and pain, or a parasitic infection. 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Dont take ozempic® if you or your family ever had medullary thyroid cancer, or have multiple Endocrine Neoplasia Syndrome type 2, or if allergic to it. Stop ozempic® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. Serious side effects may include pancreatitis. Gallbladder problems may occur. Tell your provider about Vision Problems or changes. Taking ozempic® with a sulfonylurea or insulin may increase low blood sugar risk. Side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. Living with Type 2 Diabetes . Ask about the power of 3 with ozempic®. Here is an inescapable fact, of growing up in a violence ridden, low Income Community like north tulsa. Then, and now, if you are a 17 year old black teenager, like malcolm was in 1994, you are on the police radar. Whether you are in a gang, or not. I frequently heard complaints from kids about being arrested for no reason. Or being hassled and being stopped. Being called gang members when they have worn certain color. Ziva branstetter was an investigative Crime Reporter for the tulsa news paper for 22 years. I think the vast majority were good cops, doing their job, trying to keep up. Going from call to call. But there were other reports of you know, indiscriminate arrests. She says what she saw in tulsa, reflected the stark reality all across the country. Tulsa was roughly 10 african american, but the arrest rate among African Americans, was 43 . If you are a kid back then, it was easier to grow up in south tulsa, the north. Absolutely. I raised two kids in south tulsa, and i did not have to worry about my boys being pulled over for no reason. I did not worry about the safety of my friends. How bad was the gang problem in tulsa . The gang problem was bad. People were afraid. There were reports, regulated by crips in bloods warring, the Tulsa Police Department was trying to deal with a high violent crime. Lots of guns on the streets. September 10th, 1994, was just that kind of day in north tulsa. Another driveby shooting. Another senseless death. This time, it was 19 year old karen summers, the mother of a baby boy, who was gunned down at 2 30 in the morning as she was hanging with friends at a party. Frankly, this kind of case, well it did involve a tragic loss of life, a young mother who was an innocent victim, it was not highly unusual in tulsa. The murder had all the signs of a gang crime. And lots of crips were at the party. So a day later, tulsa homicide investigator, paid a visit to michael wilson. A wellknown member of the bloods. He noticed a maroon again parked in the driveway. It matched the description, of the drive by car. Mike hough, said i want to talk to you about this shooting. And michael is trying to hide a gun. Huff sees the gunman takes the gun. Ballistic test show that that was the gun, that was used to kill karen summers. It seemed damning. But wilson told detectives, he was hiding the gun for malcolms friend, demarco. And he had given demarco the bullets. Wilson was arrested for holding a gun. But his story lined up with what police were hearing from two eyewitnesses, malcolm and demarco, killed karen summers. These witnesses said that they saw mel commit demarco there. They saw the shooting. They identified them. Suddenly, malcolm was in almost the same situation his brother had been in three years before. And, Telling A Tulsa homicide detective, the exact same thing. I am innocent. I am like, whoever is telling you this, they are obviously mistaken. I had nothing to do with it. But despite the fact that no physical evidence pointed to malcolm and demarco, prosecutors believed they were the shooters. So, they cut a deal with michael wilson. And they allowed him, to plead guilty to a lesser charge, in exchange for testifying against malcolm and demarco. At trial, the prosecution presented the two eyewitnesses, and what wilson had told them. Then, demarco said the prosecutor, approached him about a deal. Seeing malcolm did it, and we will cut you a break. I thought that he was insane, for even asking me. That you did not even consider it . No, definitely not. Why would i do that. Why would i threw him under the bus . Demarco, turned down the deal. But just nine hours later, he stood horrified, as the jury delivered its verdict. The two friends, were both found guilty, of first degree murder. I could not hear anything. I could see faces, and people were crying. But i did not hear anything. A judge sentence Malcolm Into Marco, to life in prison, plus 170 years. Everything just froze. Its like, time just suspended for a second. Malcolm thought of his older brother cory. Now, they were both serving life, for murders they said they did not commit. But, they were determined to stay strong, and to help each other. We basically had made a pact with each other. We said man, whoever gets out of here first, has to help the other one. The Odds Malcolm Inquiry Good keep that promise, were next to impossible. The road to freedom, if it ever came, would be long. Filled with unexpected twists and revelations. Coming up. A private investigator, tracks down one of the eyewitnesses, who ided malcolm and demarco, as the killers. He could not even look me in the eye. He said man, i have been carrying around a burden. Those boys did not do that. When dateline continues. Treatment for some adults. No other complete hiv pill uses fewer medicines to help keep you undetectable than dovato. Detect this most hiv pills contain 3 or 4 medicines. Dovato is as effective with just 2. If you have hepatitis b, dont stop dovato without talking to your doctor. Dont take dovato if youre allergic to its ingredients or taking dofetilide. This can cause serious or lifethreatening side effects. If you have a rash or allergic reaction symptoms, stop dovato and get medical help right away. Serious or lifethreatening lactic acid buildup and Liver Problems can occur. Tell your doctor if you have kidney or Liver Problems, or if you are pregnant, breastfeeding, or considering pregnancy. Dovato may harm an unborn baby. Most common side effects are headache, nausea, diarrhea, trouble sleeping, tiredness, and anxiety. Detect this i stay undetectable with fewer medicines. Ask your doctor about switching to dovato. Cory, had been imprisoned for 28 years when i sat down with him. He said he spent almost every day of it, trying to prove his innocence. But, he had exhausted his appeals, and had been denied parole five times. Was there a point over the last 20 plus years, were you thought, i am going to die here . At times when youve been denied in court, you feel low. You just want to say give sometimes. What was your lowest point . It wouldve probably, been situations where i wanted to be out there with my daughter. And help her and i could not. Corys daughter courtney, was born a couple of months after her father started his life sentence. They send me paperwork, trying to forfeit my custody, saying i was unfit because i was in prison. And, it felt like i was failing her. And it felt like, it wasnt even my fault. Cory felt that since a failure in helplessness again, when he heard about malcolm. What did you say when you heard your younger brother was convicted . At first, i was like, this is my fault. Because he is falling in my footsteps. I felt like, this is my child, being taken away. Did you know your brother told us that he feels partly responsible, for you going to prison . I mean there is no blame on my brother at all. And i definitely cannot hold him responsible, for something that i did not even do myself. When malcolm entered prison, he thought he would get out as soon as he filed his first appeal. Then his second. Then third. Denied. Denied. Denied. So, malcolm and his friend demarco, started writing letters. Who did you write to . Anybody in the legal field that i could think of. What did you say in these letters . Man, i just need somebody to look at this case. And they will see. They wrote thousands of letters, day after day. For 11 years. Finally, in 2006, private investigator eric collin, the son of a tulsa homicide detective, took on the case. I kind of Described Malcolm and demarcos letters as scratches on the wall. I just kind of imagine, would it must be like to be dropped in a whole 30 feet deep, and good luck getting out. There is no such thing is a criminal justice system. It is just a system. It is not always fair. And it is not always right. He tracked down the first eyewitness, who had identified malcolm and demarco as the killers. And he could not even look me in the, i he said man i have been carrying around a burden. Man, those boys did not do that. The man told colin, he shot at the drive by cars as it sped away and claimed that detectives threatened to put him behind bars, for firing his weapon, if he did not testify against malcolm and demarco. He says that they told him, he could be charged with felony murder, for firing that gun. It might have been him that killed karen summers, who knows. Now that he was making progress, he needed help. He turned to someone who has been a champion against Wrongful Convictions, for years. Tiffany murphy, then director of the oklahoma Innocence Project. It was not the first time that a tulsa case landed on murphys desk. I was seeing a lot of cases, where there were no facts that supported what i was seeing in the convictions. When you are seeing that lack, overtime, involving the same departments, sheriffs office, police department, prosecutors office, thats what really bothered me. Colin in the innocence team, track down the second eyewitness you testif