677
CONCENTRIC CIRCLES OF HARM*
Jennifer Thompson**
I’m Jennifer Thompson, and I often say when I present that I
think, more often than not in life, that we do not choose our
journeys. I believe that the journeys somehow choose us, that we
are put on a path and we don’t necessarily know we are going to
be put on the path, and we probably don’t necessarily want to be
put on the path, but we’re on the path. And you always stay on
the path, I think, until you learn what you need to learn from
your journey. And that has certainly been my experience for
most of my adult life. I’ll tell you a little bit about me, to put my
story in maybe a deeper, more meaningful context. I was born in
Winston-Salem, North Carolina. Which is like the tobacco belt,
right? It’s the home of R.J. Reynolds Tobacco Company. It was
Winston’s cigarettes and Salem cigarettescombined, we get
Winston-Salem. And so of course as a tobacco industry city, it
was very, very wealthy. It’s also the home of Hanes Hosiery; it’s
the home of Babcock Medical School. There is some very
significant wealth in Winston-Salem, North Carolina. But it’s
also the home of some very significant poverty. As you can
imagine, there were the people who made the money from tobacco
and there were the people who worked the tobacco. And right
down the center of Winston-Salem was a railroad, truly, and it
* This piece is an edited transcript of remarks delivered at the 2018 Loyola Law
Review Symposium, Protecting the Innocent: Louisianas Reform of Eyewitness
Identifications,on November 9, 2018, at Loyola University New Orleans College of
Law.
** Jennifer Thompson is the Founder and President of Healing Justice, which
aims to address the collateral human damage of wrongful convictions to all involved.
Jennifer founded Healing Justice based on her experience with a failed criminal
justice process that sent an innocent person to prison and left the true perpetrator
free to commit additional crimes. Along with Ronald Cotton, who spent eleven years
in prison after being wrongly convicted for Jennifers brutal attack as a college
student in 1984, Jennifer co-authored Picking Cotton, a New York Times bestseller,
after DNA testing led to Ronalds exoneration and identified her attacker in 1995.
Jennifer is a nationally-known advocate for criminal justice reform, focusing on the
human impact of wrongful convictions, the fallibility of eyewitness testimony, the
need to combat sexual violence, and the healing power of forgiveness. She currently
serves on the North Carolina Innocence Inquiry Commission.
678 Loyola Law Review [Vol. 64
was really one of those cities where you lived on one side of the
tracks. And so, by some genetic lottery, I was born on the “right”
side of the tracks.
I was born to a lovely mother and father who had four
children in four years and four days. They were madly in love for
fifty-three years. I had a great education and never went hungry.
I always had a roof over my head, and I didn’t really question my
upbringing because that was just my reality. That’s just how I
grew up. For people who grow up like I did, that’s privilege. But
like most people who grow up the way I grew up, you didn’t really
think about any other experience; that is also privilege. I was
told and stood very firmly on the foundation that people who went
to prison were badafter all, they did a bad thing and deserved
to be punished. And victims who were hurt received justice. This
belief was my birthright, encoded in my DNA. If you had a pair
of handcuffs on, and if you had a jumpsuit on, and if you were
behind the defense table, you did somethingyou deserve to be
there. I believed in the fairness and equality of our criminal
justice system. I never had to question that, even to the point
where I never questioned capital punishment. I believed that if
you did something terrible and you were sentenced to death, then
you deserved it. And that’s the way it worked. And like most
children in the United States, every day you go to school, you put
your hand over your heart, you pledge allegiance to the flag, and
you say, “for liberty and justice for all.” Because that was my
truth, that was my reality. And I stood on that reality for my
whole entire childhood.
In the summer of 1984, when I was twenty-two years old, I
was going to college. Between the ages of eighteen and nineteen,
like many young people, I had gone to the wrong school, chosen
the wrong major, dated every single wrong guy you could ever
date, and ended up kind of making some mistakes. However, by
twenty-two, I felt like I had this thing figured out now. I’m in the
right school, I’m dating the right guy, I’ve got the right major,
and it’s going to be really easy from here. So, at twenty-two, I
was going into my senior year of college; a little late, but still, I
was there. I was maintaining a 4.0 GPA, and my parents were
just shocked. I was making straight As, and my advisor in my
department said, “Jennifer, you’re doing so well, you’ve got such
great grades that you’re going to graduate summa cum laude.
You’re going to graduate as the valedictorian of your class, and
the University of North Carolina at Greensboro is going to offer
you a teaching assistant position during your master’s program in
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exercise physiology.” Because I was going to be a physical
therapist and put broken people back together again, everything
was in place for me.
I was dating a dental student at the University of North
Carolina at Chapel Hill. We were talking about getting married.
I had two jobs. I was working really hard because I wanted to be
that independent woman, and I wanted to pay my own bills. I
wanted all of that. I was doing it, and I was actually really proud
of myself. My family was proud of me as well.
On July 28th of the summer of 1984, it was a pretty typical
day for a twenty-two-year-old. My boyfriend was in town. We’d
gone out to play tennis earlier in the day. I went back to my
apartment to shower. He went back to his home where he lived
with his mother when he was in town because they were Greek,
and the mother needed to know where he was every second of
every minute of every day. Truly. And so, the plan was he would
come and pick me up at my apartment. Later on, we would go
have dinner, and we would end up at his friend’s house for a
summer party. Pretty typical for a twenty-two-year-old.
Everything was going fine until he took me to dinner. I have
a habit of eating large, really big quantities of food. I was one
hundred and three pounds, but I could eat like a linebacker! And
that was a problem. It was a problem for men who dated me
nbecause I could be an expensive date. So, my boyfriend at this
time would always take me to buffets for dinner. Because for
$2.99, I could have all I wanted to eat, and he was happy, and I
was happy, and that was what we did that night. We went to the
China Inn Buffet. I ate large amounts of sodium-laced products.
And by about 8:00 PM, I came down with a major headache. I felt
really sick. I told my boyfriend, “I can’t go to this party, you’re
going to have to take me home. I feel really bad.” He took me
home, was polite, gave me an aspirin and some water, and my
last memory that night would be him standing by my bed making
sure that I was okay.
The police reports the following day would show that he left
my apartment somewhere between 9:00 and 9:30 PM, but I had
gone to sleep, and I didn’t hear him leave. Not only did I not hear
him leave, but I also didn’t hear police sirens outside of my
apartment; they were canvassing the neighborhood looking for a
man who had attempted to break into my neighbor’s home around
midnight. Thankfully, she was awake and was able to hear the
glass breaking. She called the police, and he ran. What we know
680 Loyola Law Review [Vol. 64
now is that he ran straight to my apartment and broke in. And
so, sometime between midnight and 3:00 AM, he was in my
apartment, while I was sleeping. He would help himself to my
beer in the refrigerator. He would smoke some cigarettes in my
den. He would go through my wallet. He would take money. He
would even take a photograph out of my photo album as a
memento of who his next victim would be. And then around 3:00
AM, as I was sleeping, I would feel this very uncomfortable
feeling that many women have in the middle of the night when
you think you might hear something in your home. You are
afraid, and terror causes to you struggle to wake up because
there’s part of you that thinks, “Well, if I don’t wake up maybe
it’ll just go away. Maybe it’s not really happening; maybe I’m just
imagining this. So I’ll just stay asleep.”
Then, something brushed my left arm. As I opened my eyes
and I looked to the left side of my bed, I could see the top of
someone’s head that had crouched beside my mattress. I could
hear his feet moving across the carpet. I frantically began to
search for meaning: What was happening? If any one of you have
ever witnessed a car accident, you see something happening very
quickly, and your brain processes this information in what I call
nanoseconds; stuff is coming into your brain so fast that you’re
trying to make sense of it. And for me, making sense of it meant
that my boyfriend had fallen asleep on the floor and that he was
leaving and didn’t want to wake me up. But I realized as that
thought went through my mind that that was impossible because
my boyfriend never spent the night with me. As I said, his
mother lived about a mile and a half down the street, and when
he came into town, he had to check in first. He could take me out,
but then he would have to go back and stay at her house. He
never spent the night with me, ever. I said, “Who is that? Who’s
there?” And at that moment a man very quickly jumped up on
my bed, and as I screamed, he put a gloved hand across my
mouth and a knife to the left side of my throat and said, “Shut up,
I’m going to kill you.”
Again, your mind is trying to make something logical out of
something that is completely illogical. What made sense to me at
that moment was, “This has got to be a joke. This has to be some
guy from the University. He’s going to say, ‘I’m just kidding, I
had to do this for a prank.’” But again, I lived three and a half
miles off-campus. And I worked. And I studied. And no one
knew me. I didn’t go to the bars, and I didn’t go to parties.
Students really didn’t know who I was or where I lived. Then
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this had to be someone who was breaking in, and he was robbing
me. “I’ve startled him. I’ll offer him everything I own: ‘Please . . .
you can take my car, you can have my wallet, you can take my
money, you can have my credit card. I don’t care. I won’t call the
police. Please don’t hurt me. You don’t have to do this.’” He
looked at me, and he said, “I don’t want your money.” And that’s
when the reality hit me of what was going to happen. Every rape
survivor I’ve ever talked to knows, in that moment, you know
what’s going to happen.
But what you don’t know is, Will you die? Will you live to
see the next day? You start thinking, How will I die? You start
wondering, What will it feel like? And you wonder, Will it be
quick? Will I just die fast? Will I not know I’m dying? Will it not
hurt? Maybe it’ll just be over with. Or will it be slow and will it
be long? Will he beat me and I die slowly? That was the
question. I knew he was going to rape me, but I didn’t know if I
was going to live to see the next day.
Other things go through your mind. You start thinking
about your mom and dad. You start wishing you could have one
more day to tell them how much you loved them. You want to call
them and say thank you for everything you’ve ever done for me. I
wanted to tell my boyfriend that I loved him. I wanted to see the
sun come up just one more time. And those were the thoughts
that I was processing as I realized what was happening to me.
And then something strange took over. I remember thinking to
myself, “Yes, I might die, but I’m not dying here, not on my back.
You may kill me, but it’s not going to be in this bed. If there is a
way to live, I will find it.” And so, I began thinking about how I
was going to survive.
My sister is three years younger than me, and we went to
the same college. We had taken a walk just a few days before
this. Like most women, we talk about things that men don’t talk
about. As we’re taking a walk, I said, “Janet, what would you do
if you knew you were going to be raped?” My sister said, “I would
bite him. I would punch him. I would scratch his eyes out. I
would vomit on him. I would kick him. I would fight.” And I
remember saying to her, “I’ve read somewhere that if you stay
calm, you might live.” And that conversation came back to me at
that moment. I thought to myself, “Jennifer, you’ve got to stay
calm. You can’t physically fight.” I was at a terrible
disadvantage: I was on my back; there was a knife to my throat; I
weighed one hundred and three pounds; I was 51. I could smell
682 Loyola Law Review [Vol. 64
alcohol coming out of his mouth. I knew that I wasn’t his first
victim. I knew I wasn’t going to be the last victim. I knew
intuitively that physically fighting was not going to save me.
But I was smart, and I knew that my mind and my ability to
stay calm and pay attention to detail was good. I was a straight-
A student. I knew how to memorize. So throughout the rape, I
paid attention. I would look at his face in those moments that I
was able to get a good look at his eyes and his nose. I remember
thinking to myself, “Pay attention to details, Jennifer. See if he’s
got a scar; see if he’s got a tattoo; see if he has a piercing. You
want to look for things he can’t change later. Listen to his voice;
maybe he’ll say something.” He began to talk to me, saying,
“You’re from Winston-Salem, aren’t you? The town where they
burn witches.” Getting Winston-Salem and Salem,
Massachusetts, confused. He said, “You miss your boyfriend,
don’t you?” My brother had been backpacking through Europe
and writing me postcards all summer while he was studying
abroad and signing them “Love, Joe.” He said, “You can’t see me
because you’re not wearing your glasses.” He had even asked me
permission to keep the photograph of me.
He had been in my apartment for a long time. Everything
that I could remember and recall that night meant I would live to
see the next day. At one point, he tried to kiss my mouth. I
turned my head to the right because I knew I was going to throw
up and I didn’t want to choke to death on my own vomit. But
that action would actually save my life. He looked at me and
said, “Relax baby, I’m not gonna hurt you.” For some reason, that
I believe is some ancestor out there working on my behalf, I said:
“I have a phobia of knives. If you’ll get off of me, if you’ll walk out
the front door, if you’ll go down the steps and drop the knife on
my car and I hear the metal and the knife hit, I’ll let you come
back in.” Surprised, he looked at me, and he said, “Really?”
I knew the power had shifted. It wasn’t a lot; it was slight,
but I needed it. I promised him: “Please just get off of me.” As he
got off of me, I grabbed the blanket at the edge of my bed and
wrapped it around my body because I knew I had to stand close to
him to figure out how tall he was. The police would ask me that
question. They would ask me his height. They would ask me his
weight. They would ask about his clothing. He was wearing
khaki fatigue-type pants that were maybe olive green, and he was
wearing a navy-blue shirt that had three-quarter length sleeves
with three white stripes that went across his bicep. He had on
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short knit gloves that were like a child’s gloves; they only came to
his wrist. He had on dark slip-on shoes like canvas boat shoes
that were black or navy blue in color. Everything I could
remember that night was one step closer to me living to see my
mom and dad. He pretended to drop the knife out of my front
door, and he came back in and grabbed my arm and said, “Let’s
go.” I wasn’t going back in that room; he would have to kill me in
that hallway first. “I have to use the restroom. Could I just take
a moment to use the bathroom please?” He told me to hurry up,
make it quick.
As I went into the bathroom, I turned the light on because I
knew that they would ask me, “How much light did you have?”
And as I turned the light on, he quickly told me to turn it off. I
went in the bathroom, shut the door, and locked it, thinking
maybe I could escape through the bathroom window. But the
bathroom window was small, and there was a drop all the way
down to the cellar. I would break my legs if I tried to jump. Then
I remembered he had told me he had come through the back door,
through my kitchen. I needed to get to the back door, maybe his
way in would be my way out. I came out of the bathroom and
asked, “Can I make a drink of water first?” “Yeah, make me a
Seagram’s, and we’ll have a party,” he said. I said, “Sure, okay,
I’ll make you a drink,” as I began to walk towards the kitchen.
He went over to my stereo and turned it on, looking for 98.7 KISS
FM because he thought we were going to have a party. As I went
past him, he had turned on the stereo, and a light had come off,
illuminating his profile. Again, it was another glimpse, more
information that I could remember as I walked by.
I quickly made my way to the kitchen and immediately
turned the light on to give myself distance, to give myself some
time. It gave me fifteen feet, maybe five seconds, but I needed it.
I knew he wouldn’t come in the kitchen with the light on. I began
to make noise with ice hitting the metal sink, opening cabinets,
and running the water. Praying, I pulled the blanket tight,
opened up the door, and I took off running. It was now raining,
and it was 3:30 in the morning. It was dark, and I didn’t have a
plan as to where to go. My first thought was I would go to 27 D
next door, and my neighbor would be home. I would bang on the
door, and he’d let me in. But I didn’t know he was gone for the
weekend. As I was banging on the door, I looked over my
shoulder, and I could see him coming out the back door after me.
I had made him angry, and I knew that I would probably die. I
did the only thing that made sense to me, and I just took off
684 Loyola Law Review [Vol. 64
running through the neighborhood. I kept thinking to myself,
“I’ve got to make it to light. I’ve got to find light. If I can get
underneath light and he starts to kill me, maybe somebody will
drive by. Maybe somebody will see it, and they’ll call the police.
I saw a carport light on. So, I ran in the direction of the
carport light. Once I got into the carport, I began banging on the
neighbor’s door. I didn’t know who lived there, but I prayed that
they were home. The man who lived there with his wife and
children came to the back door and looked out the glass at me,
and I screamed, “Please let me in, I’ve just been raped! Please let
me in!” And he and his wife looked at me, and she said to her
husband, “Oh my God. It’s one of the students from the college. I
see her every day on campus. You have to let her in!” I quickly
fainted. They called 911. I could hear the sirens. I could see the
blue lights. They had canines that tried to pick up the scent of
the perpetrator, but the rain had washed it away, and he was
gone.
I was quickly taken to the emergency room where I would
learn what a rape kit was. My body had become the crime scene.
The evidence is now on me, it’s in me, and it has to be collected to
be sealed in neat little bags and labeled for the police. I thought
to myself, as they were plucking my hairs and swabbing my body,
“I wish you could just take my skin off. You can just have my
skin.” Because I didn’t ever want to feel my skin again, it made
me sick. I was so angry, so broken. Suddenly, I began to hear a
woman down the hall loudly screaming. I asked the police officer
in the room with me: “The woman crying, is she okay? What
happened to her?” They looked at me and told me that she had
just been raped. I asked, “Was it the same man who raped me?”
And they said, “Yes, it was.”
He had left my apartment, and in less than a mile, he
crawled through this woman’s den window as she was sleeping on
the couch. He bit her, and he punched her, and he slapped her,
and he put a flashlight in her eyes and a pillow over her face, and
he raped her. She was my mother’s age. That’s when I learned
rapists aren’t really particular about who their victims are. They
simply just don’t care. In under an hour, this man had destroyed
two women’s lives. I could look in the mirror, and I could
recognize my face as Jennifer Thompson, but that girl from just
an hour before was gone. She was gone. I would never ever see
that girl again. I’d never see her again. I hated this man. I could
have shot him between the eyes, and I would have walked away
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smiling. I wouldn’t have cared. I hated him. I hated what he did
to me. I hated what he did to her, and I wanted him to die for it.
When the police asked me if I got a good look at him, I said,
“I did. I really did. I know what he looks like. I can help you.”
The second victim couldn’t. She had a flashlight in her face, and
she had a pillow over her face. She had been beaten. She
couldn’t do it. I had to do this for her, for me, and for every
woman who would never receive justice.
I went to the police department within two hours of my rape
and began to give a description of my assailant: a young African-
American male in his early twenties, pencil-thin mustache, short,
close-cropped hair. I knew his height. He was 511, maybe 6 feet
tall. I knew his weight. He was around 175, maybe 185 pounds.
I knew everything about him. It was so clear. They asked if I
could do a composite sketch, and I said, “Yes I can, and I want to.
I want to do this.” We began to use an identikit, pulling out the
features of the face. You overlay them one on top of the other
until you come up with something that is the perpetrator. When
they looked at me and asked if this looked like the man who
raped me, I said, “Yes it does. It looks just like him.” It ran in
the newspaper and within hours of it hitting the stand phone
calls were flooding the police department. But the most
important phone call came from a woman who said she had seen
a man by the name of Ronald Cotton around three o’clock in the
morning on July 29th standing outside of Brookwood Gardens
condominium complex with a bicycle, wearing khaki fatigue pants
and dark canvas slip-on boat shoes, white knit gloves on his
hands, and a navy-blue shirt with white stripes on his sleeves.
That was the perpetrator.
I was called to the police department three days after my
assault. Detective Gauldin, who was the investigator, explained:
“I’m going to show you a series of photographs. Don’t feel
compelled to choose anyone, the suspect may or may not be in
here, but if you see him, pick up the photograph and initial the
back of it.” “I can do this,” I thought. I know how to take a test,
right? I know how to find the answer, and I found it. It was
number three. I picked it up and told them, “This is the man.”
“Are you sure?” “Yeah, I’m sure.” I initialed the back of it, and
they said, “Good job. That’s who we thought it had been.” The
relief was huge. I had gotten it right. The second victim couldn’t
do this. This was important. This man had to be removed off the
streets of Burlington, North Carolina. He was going to strike
686 Loyola Law Review [Vol. 64
again. I knew that.
One week after the photographic lineup, I was called back
down to the police department for a physical lineup. I had seen
physical lineups on cop shows, right? You go to the room, and
there’s the window, the one-way mirror. They can’t see you, but
you can see them. You’re protected because you’ve got that one-
way mirror. But the room at the police department they used
was being renovated. So I was taken to an abandoned
schoolhouse, on the top floor, into a classroom. The only thing
between the seven men in the lineup and me was a folding table.
There was no glass; there were no mirrors; there were no
curtains; there were no doors; there was nothing. It was just me
and a table and seven men. I was scared, and my knees were
shaking because I thought, “My God, if I get this wrong, he’s
walking. Now he can see me, and I’m going to die. I gotta get
this right.” It was number five. I wrote it on a piece of paper, I
handed it to the police officer, and I said, “It’s number five.” They
asked, “Are you sure?” I said, “I’m sure.” “Good job, that’s who
you picked out in the photograph.” And again, the relief was
huge. It was overwhelming because I got it right. I was a good
victim.
In January of 1985, we headed to court. State v. Cotton. I
had prepared. I needed to prepare. I wanted to know who he
was. I wanted to know who his family was, where he’d gone to
school, everything about this man. Two weeks of trial, where I
would listen to lie after lie from his parents and his siblings,
going up to the stand saying the same damn thing over again:
“Nah man, Ron was with me. We were watching television,
drinking beer at the house on the couch. He was wearing khakis
and a white t-shirt.” One after another, like they’d been given a
typed statement. They were liars. They were all liars.
For two and a half days I had to testify and describe over and
over what he had done to mein front of strangers, in front of my
family. Then, the defense attorney had the audacity to second-
guess me and actually look at me and say, “Well, Miss Thompson,
don’t you know that when you go to bed in your underwear that
that lures rapists? Don’t you know that? If you were afraid, why
would you go to bed just wearing your underwear? Because that
lures people, they can see you through the blinds. It’s like you
encouraged your own rape.” Everything was awful and
disgusting, and my character got assassinated as my family sat
there watching.
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Fortunately, the jury only deliberated forty-five minutes.
They came back with the only conclusion, and that was that
Ronald Cotton was guilty of all charges. Ronald Cotton would
receive life and fifty-four years. We would go back to the district
attorney’s office. We would toast the criminal justice system. We
would have little Dixie paper cups of champagne because the
system worked for me; because I was the victim and I deserved
justice. That is good, and that is fair. Then they pat you on the
head, and they tell you, “Now you can put your life back together
again, Jennifer. You can move on now. Move forward.”
Except, I didn’t have anything to move forward to. I didn’t
have a life. My boyfriend found that I needed a lot of support,
and he just couldn’t do that. And my friends? Well, they didn’t
call me anymore to go out because I cried a lot. My family didn’t
want to ask me about the rape because they didn’t want to upset
me. So, the only thing I knew to get through the days and the
nights were copious amounts of drugs and alcohol. Because if I
could just snort enough cocaine up my nose and drink enough
vodka down my throat, and if I could just numb, for even just a
few hours, and not feel my skin, then it was good. It was okay. I
could get through the days and the nights. The problem with
that, though, was that I couldn’t sleep at night. Which means I
couldn’t get up in the mornings. My grades began to slip. I made
my first C, and I wasn’t going to graduate summa cum laude. I
wasn’t going to graduate valedictorian. I wasn’t going to get my
master’s degree. I wasn’t going to marry the dental student.
I tried to recover. That summer of 1985, I left North
Carolina. I met another man. I fell in love. I came back to North
Carolina, and I started working in a bank, only to find out in
1987 that the North Carolina appellate court decided to overturn
the conviction, saying that the jury should have known there had
been a second victim who could not make an identification, and if
she couldn’t make an identification then perhaps my memory had
been wrong. Fortunately, it had been three years and the second
survivor said, “I remember now, it was Ronald Cotton. I was just
afraid to say that, but I know now it was him. I’m willing to
stand in a courtroom, put my hand on a Bible, and swear that it
was Ronald Cotton. I can never forget that face.” Of course you
can’t.
Ronald had been in Central Prison in Raleigh, North
Carolina, and had come up with this really interesting theory
that not only was he innocent of the crime, but the actual
688 Loyola Law Review [Vol. 64
perpetrator was a man by the name of Bobby Poole, who was
sleeping in the same dorm and working in the same kitchen,
twenty feet away. The guards would get Poole and Cotton
confused, and so his theory was that Bobby Poole had actually
committed these crimes. In 1987, during the second trial, under
voir dire, they brought Bobby Poole into the courtroom. Bobby
Poole of course denied everything and said, “Nah man, I didn’t do
this crime. I never said I did this crime, that ain’t me.” Then both
of us, the two survivors, were asked if we recognized Mr. Poole,
and both the second survivor and myself said, “No sir, we’ve
never seen him before in our lives.” “Do you see the man in the
courtroom today that raped you?” “Yes, we do. It’s Ronald
Cotton.” That’s all they needed to know. This time, Ronald
would be found guilty of two first-degree rapes and two first-
degree breaking and enterings and two first-degree sex offenses.
This time, Ronald Cotton would be sentenced to two life sentences
and thirty-five years.
Again, you get tasked with trying to find those broken pieces
and trying to put your life back together again. You try to move
on, but you can’t, you just can’t. Because every time, your life
gets broken, and it’s shattered. And the pieces are everywhere;
you can never find all the pieces. There are holes, and there are
gaps; there’s hemorrhaging.
I got married in 1988. I got pregnant in 1989, and in the
spring of 1990, I gave birth to Morgan, Blake, and Brittany.
These were my gifts from God. I deserved these babies, and they
were mine. I had to move forward, right? I had babies now, and
they depended on me. I had a job to do, and I loved it. I loved
every minute of it. But in the spring of 1995, I received a phone
call from Mike Gauldin and the D.A. of Alamance County, Rob
Johnson, saying they needed to come and visit me. I said, “Sure,
I’d love to visit with you and catch up.”
They came to my house, and after we exchanged pleasantries
they looked at me and said, “So, have you ever heard of this thing
called DNA?” I said, “Well, yeah, I’ve heard of it. Why?” Well,
Ronald’s still proclaiming that he’s innocent. We know he’s not.
But if this post-conviction DNA thing goes through the courts,
your blood sample from eleven years ago in your rape kit has
disintegrated. We need a new blood sample. Now, you don’t have
to give it to us, but the court might order it.” I said, “Look guys, I
have five-year-old triplets. And I don’t have time for this. So,
we’re going to go to my doctor right now, and I’m going to give you
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a vial of blood, and you’re going to do that test because we’re done
with this. I have five-year-old children. And that’s my job now.”
We went to the doctor that day, and I gave them the vial of
blood. I didn’t think about it. March rolled into April, April
turned into May, May rolled into June, and they called me. They
needed to talk again.
It was the first week of June of 1995, and standing in my
kitchen, they said, “That DNA doesn’t belong to Ronald Cotton.
It’s Bobby Poole’s.” The world stopped. There is no foundation.
Then the earth opens, and you are swallowed into a big black
hole. You suffocate, and you become paralyzed. What do I do
with this? It’s been eleven years, and now I don’t know what to
say. When is he coming out? Is he angry? Does he know where I
live? Do I need to change the locks on my door? Do I need to
notify everybody at the children’s school? How do I do this?
What do I do? Am I safe? Are my children safe? What’s going to
happen now?
Ronald walked out of prison on June 30, 1995. He was
swarmed by cameras. He was on Larry King Live, he was in
People magazine, and every time, people would say, “Have you
heard from the girl? What does the girl say? Is the girl sorry?” I
would hear that, and I felt awful. I was literally suffocating on
guilt. But I didn’t know what to do. There was no blueprint.
There was no handbook or guide as to what I was supposed to do
next.
So, I did what most people do, which was nothing. Until the
summer of 1996 when a producer from Frontline PBS in Boston
found me and told me, “I’m doing this documentary all about the
fallibility of eyewitness identification. Would you tell your story?
Into a camera? For everybody in the world to see? Now, I
thought, “Well that’s about the stupidest thing anyone has ever
asked me to do. Why in the world would I participate in
something like that?” He said, “Well, Ron’s going to tell his
story.” And I thought, Well that stinks because if he tells his
story, who is telling my story? And there is only one person who
can tell my story, and that’s me.” “So,” I said, “I’ll tell my story on
the condition that Ronald stays in Burlington, North Carolina,
and I’m going to stay in Winston-Salem, North Carolina. He’s not
going to see me because if he does, he’s going to kill me.” And
they agreed.
Over the next couple of months, as they were putting
690 Loyola Law Review [Vol. 64
together What Jennifer Saw, they would come to my house and
tell me, “Gosh, we were at Ron’s yesterday having lunch with
him. He is the nicest persongentle, sweet, kind, not-angry
person.” I thought, “You’re lying, you’re all trying to lure me to
my own murder! And I’m not falling for this because there’s
nobody in the world that’s not angry after four thousand days in
prison for something you didn’t do. I’m just not buying that.”
What Jennifer Saw aired in February of 1997. The last thing
I say in the film is, “I know that Ronald’s an innocent person, but
I still see his face in my nightmares.” And the last thing Ronald
says in the film is, “I know Jennifer’s sorry, but I need to hear
that from her.” That was the catalyst for me; that’s when I knew
what I had to do next. So, in a small church about a mile and a
half away from where I had been raped thirteen years ago, I sat
in a pastor’s study waiting for this man. In walked this
ginormous 64 man, and I could not get out of my chair. I started
to sob, and I said, “Ronald, if I spent every minute of every hour
of every day for the rest of my life telling you I’m sorry for what
happened, could you ever forgive me?” Ronald took my hands and
started to cry. He said, “Jennifer, I’m not angry at you. I’m not
mad at you. I forgave you years ago. The reality is, we were both
hurt by a criminal justice system failure, and we were both hurt
by Bobby Poole.”
It was from that place that Ronald and I began to recover.
Together, we began to heal from this common place of harm. We
both knew that the system had failed us. We both knew the
system had failed our families, and we both knew the system had
failed the community. Because in the months that Bobby Poole
was left to be free, he committed twenty-four other violent crimes,
six of which were first-degree rapesone in which he raped a
woman and months later came back and raped her again.
What we learned from that experience is that when the
system gets it wrong, we must talk about this from a larger
context. We must talk about all the people that get harmed in
the wake of a criminal justice system failure. Ronald and I
became best friends. He is literally one of my “loves.” He danced
with me at my wedding. Our song is “Lean on Me” by Bill
Withers. We’re both grandparents; our children know each other.
We co-authored the book Picking Cotton together, which was a
wonderful experience. And from there, I’ve been doing my work.
I’ve been doing this work for twenty years, telling the story of
concentric circles of harm. If we’re going to talk about wrongful
2018] Concentric Circles of Harm 691
convictions, we also have to be talking about wrongful liberty.
And in those two, there are a lot of people who get hurt. Jurors
get hurt. Crime survivors get hurt. Innocent people get hurt.
Our families are hurt. The community gets hurt. District
attorneys get hurt. Police officers get hurt. Public defenders get
hurt. Judges get hurt. Everybody gets hurt. Everybody is
failedeverybody except the perpetrator, who lives to be free.
Since that time, I’ve launched Healing Justice. It’s a national
nonprofit, the only one of its kind in the country that seeks to
address the total harm after exonerations have played out. We
work with crime survivors and their families, and exonerees and
their families. How do we restore people? How do we rebuild
people? How do we use restorative justice principles in the wake
of these train wrecks and heal from the harm that this system
created? That’s what I do. It has been a long journey. I often
think to myself, “Not sure I’d do it again.” But I’m not sure! It
has taken a big toll on my life. It has taken a toll on me
physically. It has taken a toll on me emotionally and spiritually,
because what I have learned, and it has been the hardest thing
for me, is that we are a culture of blame. We need to blame
somebody. And in these wrongful convictions, almost always, the
crime survivors get blamed for the wrongful conviction. I’m
trying to change that narrative. It is not okay to blame the
survivors and victims from these cases. We must realize that if
we’re going to assign blame, we have to assign it directly at the
feet of the perpetrator who created the harm.