Unknown Male #1 | Chapter 6

32m
The DNA never lied. It never pointed to Ian, Shawn, or Frank—but to someone else entirely.

Listen and follow along

Transcript

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I was in a grocery store in Hilo buying milk for my toddler when I saw the newspaper at the checkout stand.

I recognized the expression on Ian's face, the struggle to grasp that he was actually free.

And in that moment, the grocery store around me took on the surreal feel it had when I first came home, a feeling I knew Ian would experience soon enough.

The seemingly endless choices after a world of deprivation.

Even just the color palette of a place like this, with its bright fruits and vegetables and packaging, was a shock after years of gray concrete and steel.

In the blink of an eye, Ian went from a prisoner of the Saguaro Correctional Center in Arizona to a free man back in his home of Hilo, Hawaii.

He walked out of the courtroom, not in shackles like he had walked in, but hand in hand with his mom and dad, who for the last 30 years since all this started, had been mourning the life they all lost.

After years in prison, Stepping into the outside world is like stepping through the looking glass.

There is a distorted surreality to the mundane.

A mailbox or a key can take on magical significance.

A crowd waiting for a bus can become terrifyingly claustrophobic.

Having been convicted in 2000, Ian was sentenced to life behind bars at the start of the new millennium, just a year before the first iPod was released and nearly a decade before social media platforms like MySpace, Facebook, YouTube, and Twitter transformed the way we communicate.

Even in 2011, when I was acquitted, I was baffled by touch screens.

I'd missed the rise of Obama and our intro into the iconic Taylor Swift and a million other things.

Compared to me, Ian had so much more to catch up on.

Yeah,

I lost half my life.

Lost half my life.

And the prosecutors were all right with that.

The judge was all right with that.

It was all right with me dying in prison.

You know, I think that's you got to

see, let that sink in.

You know, sit in a cell for something you didn't do for 130 years.

Let that float on your brain for about 10 years and then do it again for another 10.

And then,

you know,

there were another six on top of that.

I'm Amanda Knox, and this is three.

Chapter 6, Unknown Male Number 1.

Only four days after his release, Randy Roth and Ken Lawson of the Hawaii Innocence Project have dinner with Ian.

Ken had a gathering and my wife and I were able to sit next to Ian for the dinner and be able to chat.

And

first we were just shocked that there was no apparent anger or hostility or resentment or chip on his shoulder.

He just seemed like a very

genuinely good,

gentle-spirited person who appreciated where he was at the moment, appreciated that we were there talking to him, appreciated everything, of course, that the Innocence Project had done.

But the reason I'm mentioning this now

is that in talking to him, he said,

because we asked, of course, how are you doing?

And he said, well,

I think I'm doing okay, but I've got to tell you, it's difficult for the last 24 24 years.

Somebody has told me when to get up, when to go to bed, when to eat, what to eat.

But he said,

it's hard making decisions.

Not that it should be, and he seemed reasonably confident that he would get back into the rhythm of daily life.

But he said it's just real hard to go from that kind of structure for 24 years to all of a sudden you're just let loose on the world.

Because I had read all of the news coverage of him and watched the TV news coverage of him during the trial period, I had one image of him that was just so different.

Ian had a hard struggle mentally coming out because of his age and then, you know, he told me when he first got he's living back at home his parents you know so he's at home with his parents who have not Sean's been gone out the house for years so it's just Ian and his parents and now he's living in the house and he feels useless you know so he's waking up at night you know doing dishes and stuff like that and I think it was just very stressful kind of figuring out do I fit in how do I fit in

I probably got ADD, ADHD, OCD, PTSD.

I probably got it all, you know.

But But

yeah, an anxiety attack going to Walmart the other day where you can buy paper towels.

Paper towels was blowing my mind.

I was like, what the hell are you going on?

I was like, anyone navigator?

Navigate me out of the store.

A few days after that dinner, I met Ian for the first time.

as we shared the stage at a Hawaii Innocence Project event to educate law students about the causes and costs of a wrongful conviction.

I think her just hugging me was

more than words can describe.

Although both have been exonerated, Knox says that doesn't always mean feeling free.

It's one of the things that you feel when you have been wrongly convicted, when you've been wrongly accused, is that you don't belong to the rest of humanity anymore.

You have been isolated.

You have been turned into a monster.

And that feeling persists even in freedom.

Both Knox and Schweitzer hope sharing their stories in their own words will help inspire change with these law students and the entire community.

I wouldn't wish it on the one.

It's a different road.

And one area that is in desperate need of change is how the wrongly convicted are supported after release.

Emerging from prison is destabilizing and disorienting, whether you're guilty or innocent.

But ironically, the guilty are provided many more resources when they are paroled, from counseling to help with housing, medical care, and food.

The wrongly convicted, by contrast, often don't even get a bus pass.

Where's the help?

And so most people, when they see the news clips and say, oh, he's freed, Judge, just freed him and all that.

They go, oh my God, he's just going to be, it's over.

Don't realize that another journey's starting now.

And you get used to being in that environment to where even if you're innocent, right, you get used to

a routine because you had to find a routine or that would drive you crazy.

So you do a routine.

So you, you know, so whether it's, you know, like Ian and I, you know, work out a lot, right?

So, you know, you go to the gym at a certain time, you go to the library at a certain time, you do this at a certain time, and you, and so he's doing all that.

Now, all of a sudden, he's out after 25 years of doing that.

You're sleeping in a certain bed.

One thing he says, like, you know, so judge freezing, we go to the hotel.

We have a hotel room for him on the big island.

He doesn't know how to check in.

He doesn't know how to use the key.

You know, because back then they just had to, you know.

And so we try to get him an iPhone.

We had to take him to the iPhone store and sit there for a couple of hours while they teach him how to use an iPhone.

But there's compensation, right?

There's no guarantee, especially because many wrongly convicted people who get released aren't done with the legal battle to clear their name.

Not guilty isn't the same as innocent.

In my own case, though I was acquitted in 2011, the Italian courts retried me for the same crime in absentia.

I was found guilty again and I had to appeal again, all the while facing extradition back to Italy.

I spent another four years in that limbo, unable to plant roots or move on with my life, fearing that the future would take me back to that prison cell across the world.

How do you get a job or date or even move through society when everyone you meet sees you under a cloud of suspicion because you're not yet legally vindicated?

It wasn't until 2015 that Italy's Supreme Court finally declared me factually innocent of murder.

In Ian's case, his conviction was vacated and he walked free.

But all that meant was that there wasn't sufficient evidence to prove him guilty beyond a reasonable doubt.

He was not yet declared factually innocent.

And in the meantime, meantime, imagine having to explain the 20-plus year gap in your job history or the results of your background check.

I still get panicky going through background checks today or when going through customs while traveling internationally because there is often no box to check that says, convicted of a crime, but actually innocent.

You always have to explain.

So you can imagine how much getting that legal vindication matters for someone like Ian.

I think almost every state has a wrongful conviction compensation statute.

Hawaii statute, Bill Harrison and I set on a committee to help develop the statute and most of the things that we thought would be in it were cut out by the Attorney General at that point.

But anyway, nevertheless, the statute is to allow anybody that was incarcerated and is actually innocent to receive $50,000 a year for each year that they were in prison.

But in order to be entitled to that $50,000 a year, you have to show that when a judge vacates your conviction, he or she did so because you are actually innocent.

And so, because there are a lot of people who may have confessions taken falsely, like, you know, or whatever, and then they may be guilty, but because the confession was taken illegally, it gets thrown out and their conviction gets vacated.

They still guilty.

You ain't innocent.

You may be free, but you ain't innocent, right?

We're talking about, so

because our system, and the prosecutor started talking about beyond reasonable doubt,

you get charged for a crime in the United States, despite what you see in the news, right?

Where they say, well, the jury came back and found him innocent.

That never happens.

It cannot happen.

There's no verdict for innocence.

It's only guilty or not guilty.

And not guilty can have many meanings.

It could mean that you're not guilty or there wasn't enough evidence to prove it, or it could mean that you're innocent as a driven snow.

But you would never be found innocent.

And so when the judge vacated the conviction in order to file the petition to get these young men compensated, we had to have him say, because no other judge can say it.

They didn't do it.

He did it.

So we have to have this judge say, the reason why I vacated your convictions is because I found sufficient evidence to find

by a clear and convincing standard.

Things could be so much worse.

Thankfully, prosecutors are not seeking to retry Ian for this same crime.

But a hearing to declare him factually innocent would take time.

And until then, he remains merely not guilty.

For Sean, since he took a plea deal, he's still considered guilty in the eyes of the law.

And in October of 2023, it's Sean's turn before the magistrate.

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Attorney Keith Shigatomi takes the floor to dive into the case, explaining that Sean made the difficult decision to plead guilty to avoid a possible lifetime in prison despite evidence of his innocence.

Now, Sean is seeking to withdraw his plea and clear his name.

A modern jury would likely acquit him based on the evidence presented.

What normally happens is

on these what they call rule 40s is the court grants the rule 40.

In other words, finds that

the fairness has occurred.

The court will then vacate the conviction, set it aside, set the matter for trial.

Well, Judge Cubota went farther than that and dismissed the case.

And so now

the California Innocence Project filed a petition on behalf of Sean

saying that

the conviction was unlawful, that he should be entitled to the same relief as Ian.

There's a little wrinkle.

that it can be treated it has it may be treated somewhat differently because they're both are saying this new evidence confirms that they had nothing to do with it.

The new

extensive DNA testing, the

chire tracks, the

bite mark has been shown to be not reliable.

So, under the doctrine of collateral estapo, collateral estapo says that if the issues have been

decided after a full hearing

and the parties involved are similar or related, then we're not going to force another hearing because that's, you know, it's already been decided.

So with that,

if the court has heard the evidence from Ian's hearing and finding that the issues and the parties are similar, the court can grant the same relief, which is what is being hoped for.

Alternatively,

because Sean entered a plea, it's also a way in which the court can order that his plea be withdrawn and the man be reset for trial or dismissed at that point.

But because Sean entered a plea, it's a little bit different.

And so we either have to withdraw it or the court can say it doesn't matter because of the new evidence.

But we have these alternative positions that are there.

Judge Kubota isn't blind to the looming risk of a gross miscarriage of justice in Sean's conviction, something he refers to as manifest injustice.

He emphasizes the importance of a thorough and fair examination of all available evidence that brings true justice to light.

And so officially, on October 23, 2023, Sean's conviction is reversed.

Now, like his brother, he is officially not guilty.

But until they can both be declared factually innocent, that cloud of suspicion will remain.

On their way out of the courtroom, Sean and Ian meet with the media.

It's been pretty awesome.

Pretty good.

Pretty damn good.

It's been a long fight.

A lot of struggles and ups and downs.

And

we finally got our dating party.

And it's awesome.

Sean, was the stipulation a surprise?

Or was it already cooked, baked and cooked and ready to go when you got here?

A little bit.

Yeah, yeah, they didn't expect to walk out of there with, you know, not having any charges on me anymore.

It's a very different feeling.

So you didn't know that going in that she was going to do the stipulation?

No, no, I didn't.

No.

Thanks to Mr.

Shigitomi and California Innocence Project and all the Innocence Projects out there.

I mean, they did a lot for me and my family.

And it's awesome.

Beautiful people.

And

it's a long fight sometimes.

And you got to be patient and wait till it comes.

Be the right person in life.

Sean, do you think your relationship with the community changes?

I mean, I don't know what kind of reception you've been getting out there or how you've been treated.

I think I represented me and my family in the proper way.

You know, and after a while, I think I kind of changed a lot of people's minds hopefully this will help the rest of the people out there who's uh naysayers or non-believers so yeah were you were you treated poorly at times throughout throughout this ordeal or

definitely yeah definitely yeah

it was a struggle for a long time there in the beginning you know it's it's a long struggle and sometimes you just gotta kill them with kindness.

My mother-in-law teach me now

Who are the people that stood by you all these years?

You and Ian?

My wife, my parents,

my brother.

You know, not very many people.

You know, I got very few friends that I call friends.

Sometimes it's hard being in that situation.

You know, you think of people as being more open-minded and the kind, and it's just not the way the world is.

So it's

definitely a struggle and you know.

Do you think that adds to the emotion of today?

Going through this it definitely changed me from what the person I used to be.

You know it's

it does that to you and it's

something that will never be taken away from me and and you know it definitely left a scar.

It'll always be there.

I'm sure I'll always have that habit of looking at people around and seeing if they're looking at me or judging me.

Or

hopefully, this day will change some people's minds where I don't have to worry about that as much.

How are the two of you doing?

Getting to kind of getting to know each other again?

You know, it's

awesome to have my brother here with me.

It's, it's, um,

you know, I had to basically take him out of my brain, you know, for a long time.

And

to have him around now, it's God said, I really enjoyed having him around.

Yeah.

Sorry.

You know, it's

happy every day to wake up and see him.

You know,

it's

something I never thought would happen.

You don't feel it until it's like you get that answer.

Yeah, it's here.

It's coming.

So,

yeah.

It's

a very big blessing to have him in my life again.

That's for sure.

Yeah.

As for Frank Pauline Jr.,

based on all the forensic evidence, he was not responsible for the crime against Dana, and none of his confessions can be substantiated.

But this came too late for Frank Pauline Jr.,

who died in prison after another inmate attacked him in the wreckyard on his 42nd birthday.

Frank's story is a sad story because he apparently falsely accused the Schweitzers, denied involvement, and then later on was tagged and identified as possibly his shirt was the

DNA was established that he was a participant.

That's Miles Breiner, the attorney who has been handling Frank Pauline's estate since 2023.

And he knows that Frank wasn't exactly the most stand-up guy at moments.

He was complicated, and not a lot of his actions can be easily explained, but he is confident in his client's innocence.

At one point he said he saw things and knew things and other times he said, no, I wasn't there.

I was just doing this to get my brother off the hook because he was facing his own criminal charges.

So he was

kind of entrapped himself in his own series of lies.

And I didn't realize the impact of Frank's conviction had on his children.

I had an opportunity to spend quite a bit of time now with his son Aaron, who's in custody himself on a domestic violence case.

His description of his life and his brother's life, who has since passed away, was really hard.

They had to change their names.

In the October 2023 hearings, Frank Pauline's conviction was also under question.

So Frank's family was in attendance and members from the Pauline's and Schweitzers came face to face for the first time.

Two of Frank's aunts were there to support their nephew, even though he had been dead now for over eight years.

They took lives from these boys in prison when they couldn't be home with their own kids.

That's what they did.

They messed up these kids' lives.

I'm not saying that, you know, people are perfect, they're not, but the judge, the judge.

Nobody's perfect.

The system here really screwed up.

Until today, we still have police force are corrupt.

We still do.

Innocent lives were taken.

They cannot replace the lives that they've taken.

The livelihoods from these boys and their families.

They cannot replace that.

It's taken away from them.

I want to see justice done.

I want their names cleared.

I want their names cleared.

And I always prayed that I'd be alive to see this day.

And look how many years it took.

Many years.

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Since his release, Ian can't work yet and is now living with his brother Sean.

Despite the guilt that Sean suffered for all those years while Ian was in prison, The two have grown closer than ever.

Yet, they will never get back the time lost, nor forget the pain or trauma the past couple decades have brought them.

Which brings us to the end of 2023.

Through the dedication of the Hawaii Innocence Project team, their colleagues at several forensic DNA labs, and the advancements in DNA science, a DNA profile was created for the infamous unknown male number one.

His exact identity still remains a mystery throughout 2023, which could mean one of two things.

One,

whoever killed Dana hasn't committed any other crimes.

Or, two, their DNA hasn't been collected and entered into the database in the years since.

Regardless, this means Dana Ireland's murder is still unsolved.

It's just, it's a very sad case.

There's just no winners here.

There's no winners.

While it's celebratory for the Schweitzers, I'm so happy for them to have to wait all this time and to finally get this day to see Mama Schweitzer, who's undergoing chemotherapy, to see that her boys are finally both home for Christmas and free and clear of these criminal charges.

This is going to be the best Christmas for them.

But she has now breast cancer, she's fighting that, and she's going through a lot.

And so it's hard.

It's, you know, you can't get that time back.

But also for Dana Ireland's family, for her sister, it's heartbreaking.

Remember John Gonzales, the man who initially reached out to Hawaii PD and and told them to expect a call from Frank with information about Dana Ireland's killer?

We reached out to John and we were able to get him on the phone.

This one guy interviewed me a few months back too.

I guess he works for a newspaper and he asked me certain things and I just said I'm not going to answer it.

They said to me his fingers at anybody because obviously that shit don't matter.

I mean, they all got out, right?

They couldn't figure it out.

I'm the one that my brother confessed to me.

I came forward and that's how this all started.

And I get the bad end of the deal.

We tried to make plans to talk more extensively.

He never called us back.

Years before his death in 2015, Frank actually wrote Ian a letter in prison, apologizing for everything he did and admitting that Ian had nothing to do with it.

He sent the letter through a retired judge, Mike Heavey, who advocated for my own innocence and has since become a friend.

Here's a VO actor reading Frank's letter.

March 15th, 2005.

Dear Ian, I asked Judge Mike Keevey to mail this to you for me.

I hope you're doing well and in good health.

Ian, I know I messed up your life and have placed you and your family through a lot of suffering.

I just wanted to ask you to please find it in your heart to forgive me.

I know it won't be easy to forgive someone like me for destroying your life.

I know we had this talk before,

but I wanted you to really know how bad I felt and how sincerely sorry I am.

You and your family didn't deserve all this.

Ian, I have changed my life and I have accepted Jesus Christ into my life.

I'm no longer that piece of trash I once was.

I am a son of the most powerful God in our world.

Jesus had changed me and made me a better man, Ian.

I'm not saying I'm perfect.

What I'm saying is I'm a work in progress.

I have a favorite scripture I want to share with you.

It's from Matthew 19, 25 to 26.

Jesus was asked by his disciples, who then can be saved?

Jesus looked at them and said, With man this is impossible, but with God, all things are possible.

How awesome is that, Ian?

Look,

I really am sorry, Ian.

My lies have really destroyed our lives.

So much hurt, hate, and time we have been through and lost.

I sincerely apologize to your whole family also.

The truth is coming out and our lives will be given back to us.

As Jesus said, the truth shall set you free.

I believe it.

I hope you can find it in your heart to forgive me.

I know it won't be easy.

Still, I hope you can.

You can write me if you wish.

Just go through Judge Hevey.

Take care of yourself, Ian.

I have you in my prayers.

God bless.

Love and Jesus Christ, Frank.

Now, the estate of Frank Pauline is also working on his posthumous exoneration, something that has never been done in the history of the state of Hawaii.

Frank was nonetheless innocent yet he was convicted.

But he contributed to that conviction because of all of his

expansive lies and his stories.

He was trying to play both sides of the fence, trying to help this person or that brother or this family member.

Then he figured I could exonerate myself, but which brings home the notion that innocent people do get convicted.

So when he finally gets convicted, it's like, I didn't do this.

And he kept telling people I didn't do it.

It's too little, too late, because he's talked himself into a conviction.

That's unfortunate.

I mean, we often ask you when you read an article about someone confessing to a crime, and then later on they're exonerated, secondly this case, where they clearly couldn't have been the person.

Yet they confessed to it and you're shocked going, why would you confess?

Well,

if you ever sat down with people and spoken to them once, you know, they've done that, you've experienced the pressure of being interrogated, yes.

And this is where our story ended.

Or so we thought.

We were going to monitor it closely over the next few months, knowing that at some point in time, Ian and Sean would have hearings to hopefully be fully declared factually innocent and receive their well-deserved compensation from the state.

But in July of 2024, when we reached out to the Hawaii Innocence Project to make sure we were all buttoned up for release, we were shocked by the response we received.

Quote, We just got a match on the DNA for the person who actually committed the crime.

Our clients don't know yet because we are trying to get an arrest warrant and search warrant from the judge today.

⁇ End quote.

While the Hawaii PD has publicly acknowledged their continued cooperation with the Hawaii Innocence Project to find the killer right after Ian's exoneration, We were shocked to learn that they also asked for all the DNA evidence and case information back from the Hawaii Innocence Project.

They also assigned a new officer to the the case, and they shared with the media that new interviews or re-interviews are taking place now.

But despite the news that the biggest murder case in modern Hawaii history convicted the wrong people, everyone has suddenly gone quiet.

And so the question that spread like shockwaves throughout Hawaii back on Christmas Eve, 1991, still stands.

Who killed 23-year-old Dana Ireland?

And why?

When we first traveled to Hawaii to begin our coverage on the murder of Dana Ireland and the subsequent wrongful convictions of Albert Ian Schweitzer, Sean Schweitzer, and Frank Pauline Jr., our hope was to help push these cases even just a little bit towards real justice through national attention.

We wanted the world to know where the true innocence lies in this case.

and that there is a full list of potential suspects screaming for the Hawaii Police Department's attention for the sake of three families.

The Ireland family, the Schweitzer family, and even the Pauline's.

And almost a full year later, we were ready to do just that.

But little did we know everything that was happening behind the scenes.

We said right after Ian got exonerated to the press on the courthouse steps that we were not going to stop trying to find out who unknown male number one was.

That's next in chapter seven, which you can listen to next week.

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