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Joe Rogan Experience #1714 - Josh Dubin & Robert Jones

Josh Dubin is an Ambassador to The Innocence Project, Criminal justice reform advocate, attorney, and president of Dubin Research and Consulting. On January 26, 2017, Robert Jones was exonerated of four separate crimes, including rape, robbery, kidnapping and manslaughter, which had terrified tourists and residents over a two-month period in 1992 in New Orleans. He is now a motivational speaker and community activist, poverty abolitionist and one of the co-founders of Free-Dem Foundations, Inc; a nonprofit organization that mentors and guides the youth in a positive direction. https://www.instagram.com/robertjonesofnola Learn more about your ad choices. Visit podcastchoices.com/adchoices

Joe RoganhostJosh DubinguestRobert Jonesguest
Jun 27, 20242h 5mWatch on YouTube ↗

CHAPTERS

  1. 0:12 – 5:54

    Meeting an exoneree: Josh Dubin’s first encounter with Robert Jones in New Orleans

    Josh Dubin recounts meeting Robert Jones shortly after Robert’s release, when Robert unexpectedly took the stage at a defense-attorney conference. The chapter sets the emotional tone: Robert’s presence, composure, and urgency about defending constitutional rights leaves a deep impression and sparks their relationship.

    • Dubin and Barry Scheck teach defense lawyers how to uncover prosecutorial misconduct and obtain exculpatory evidence
    • Scheck reveals a recent New Orleans exoneration: nearly 24 years served for a rape/murder Robert didn’t commit
    • Robert delivers a powerful, galvanizing speech despite being freshly released
    • Dubin and Robert connect afterward; Dubin becomes involved in Robert’s civil rights case
    • Theme introduced: the “human spirit” of exonerees and the cost of wrongful convictions
  2. 5:54 – 9:57

    Freedom with an asterisk: reentry, lingering charges, and adjusting to life outside

    Robert explains that being released didn’t immediately feel like freedom because prosecutors threatened a retrial. He describes how daily life outside felt culturally and socially disorienting—and how his prison-developed vigilance and code of respect clashed with public indifference.

    • Release in 2015, but freedom doesn’t fully arrive until charges are dismissed two years later
    • The dismissal occurs on his 44th birthday, marking a psychological turning point
    • Reentry shock: constant situational awareness and adjusting to social norms
    • Story of helping an elderly woman cross the street and being applauded for basic decency
    • Contrast: prison’s enforced respect and consequences vs. society’s casual disregard
  3. 9:57 – 12:32

    The arrest: a teenager accused of a notorious French Quarter crime spree

    Robert walks through the moment police raided his mother’s home and accused him of extreme crimes he didn’t commit. He describes his naive confidence that the system would correct itself because he believed innocent people simply didn’t get convicted.

    • Police raid his home with guns; he’s told he’s wanted for murder, rape, robberies
    • He had minor prior trouble tied to poverty and environment, but nothing like the accusations
    • He voluntarily goes to the station assuming it will be cleared up quickly
    • The case is high-profile: a British tourist victim and intense media pressure
    • Early misconception: wrongful convictions weren’t widely understood in 1992
  4. 12:32 – 18:00

    Evidence, delay, and disbelief: four years in jail and the first signs of a rigged case

    Robert explains how he learned the supposed evidence only through proceedings and media coverage, and how the state’s story shifted. He describes spending four years in Orleans Parish Jail pre-conviction while the prosecution struggled with identification issues—yet still secured a conviction by withholding key evidence.

    • Prosecution claims: eyewitnesses and identification procedures that later unravel
    • Four years in parish jail before conviction, reflecting instability in the state’s case
    • Robert learns the scope of allegations gradually, not at arrest
    • He states exculpatory evidence existed and was withheld
    • Joe and Josh react to the recurring pattern: prosecutors knowing and suppressing innocence evidence
  5. 18:00 – 25:59

    How a wrongful case happens: anonymous tip, tourism pressure, and legal “foreign language”

    Robert describes being made a suspect via an anonymous tip and the broader context that created pressure to “solve” the case. He also explains his lack of education and the alienating legal jargon that made it difficult to defend himself early on.

    • Anonymous tip becomes the gateway to targeting Robert
    • Context factors: poor Black teenager, tourist crime, city under national scrutiny
    • Robert’s background: dropped out, limited academic skills, limited resources
    • Courtroom experience feels like a different language—legal jargon and systems knowledge gap
    • He maintains hope initially, then witnesses others claiming innocence and being convicted
  6. 25:59 – 33:50

    Decision to self-advocate: Angola, grief, and a boxing lesson that changed everything

    After being sent to Angola, Robert experiences deep trauma compounded by his brother’s death—killed while trying to raise money for Robert’s legal defense. A mentor uses a boxing metaphor (“counterpunch”) that catalyzes Robert’s commitment to education, legal mastery, and survival.

    • Transfer to Angola at ~22; observes lifers who lack education, law knowledge, and support
    • Brother is killed selling drugs to fund a lawyer for Robert—triggering suicidal despair
    • A prison boxing trainer reframes adversity: life punches require counterpunches
    • Robert enters literacy programs, starts at “third grade,” accelerates to GED
    • He commits to mastering law and building resources to fight his case
  7. 33:50 – 42:17

    Building a legal engine from a cell: studying law, writing 100 letters a month, and helping others

    Robert details the systems he built to learn law and generate outside support, including relentless letter-writing and correspondence courses. He becomes skilled enough to litigate not only his own case but also assist many incarcerated men—yet he still struggles to win relief for himself without institutional resources.

    • Studies from the Constitution upward; takes correspondence courses across legal areas
    • Strategic investment: ~100 stamps per month to contact lawyers, officials, and organizations
    • Writes everyone, including the President; later contacts emerging Innocence Projects
    • Litigates pro se and helps other prisoners obtain hearings and sentence reductions
    • Highlights the role of resources in post-conviction success—merit alone isn’t enough
  8. 42:17 – 55:31

    Surviving violence by confronting it: earning respect in jail and Angola

    The conversation turns to the practical, often brutal realities of staying alive while incarcerated. Robert explains how he established boundaries early—sometimes violently—to prevent being targeted, allowing him to focus on education and legal work.

    • Strategy: address threats head-on to remove violence as a constant distraction
    • Mindset of escalation: “always go higher than your ignorance” to deter attacks
    • Early jail incident over food-line hierarchy becomes a defining moment
    • Witnesses constant violence around him even when it no longer centers on him
    • He becomes a “tier rep,” negotiating basic dignity like adequate food portions
  9. 55:31 – 1:04:46

    The long road to review: DNA preservation fights, 16 denials, and the fear of dying inside

    Robert describes filing early post-conviction motions, including a groundbreaking attempt to preserve and test DNA evidence. Despite years of filings and later help from innocence organizations, courts repeatedly deny relief—creating a cycle of hope and devastation.

    • Convicted in 1996; files early pro se post-conviction motions by 2000
    • Seeks evidentiary hearing and DNA preservation/testing; later laws mirror his early requests
    • Innocence Project of New Orleans joins around 2010/2011, but denials continue
    • Total: 16 denials across court levels; each feels like being convicted again
    • Ever-present dread: the realistic possibility of dying in prison, especially while innocent
  10. 1:04:46 – 1:10:45

    Death penalty realities and ‘death qualification’: why wrongful convictions are existential

    Joe, Josh, and Robert connect Robert’s experience to the broader death penalty system, emphasizing how errors become irreversible. Josh explains the jury-selection process in capital cases and how human psychology and system incentives compound the risk of executing innocent people.

    • Joe highlights the shirt message: “The death penalty kills innocent people”
    • Discussion of capital jury selection and ‘death qualification’ requirements
    • Josh shares systemic stats (e.g., Florida’s death row exonerations) and the finality problem
    • Broader point: wrongful convictions are not rare anomalies; the system is flawed at scale
    • Cultural critique: binary/tribal thinking prevents nuanced reforms and humility
  11. 1:10:45 – 1:20:46

    What was hidden: the alternate suspect, stolen property, false ‘friendship,’ and felony murder theory

    Robert lays out the suppressed exculpatory evidence and how prosecutors constructed a story tying him to a car and a supposed accomplice he didn’t know. They withheld statements and reports showing the real perpetrator possessed victim property and even denied knowing Robert—yet the state proceeded under felony-murder logic.

    • Crime spree narrative: robberies, rape, kidnapping, and murder in the French Quarter
    • Another man is found with jewelry/clothing from multiple victims—evidence not disclosed
    • Prosecutor theory: Robert and perpetrator are friends and share the car; Robert denies ever meeting him
    • Key withheld report: perpetrator says on trial morning Robert had nothing to do with crimes
    • Felony murder rule used to justify trying Robert for murder despite another conviction
  12. 1:20:46 – 1:33:45

    Why the system resists correction: confirmation bias, lack of accountability, and what reform looks like

    The group diagnoses how prosecutors and institutions cling to initial theories, rationalize contradictions, and avoid accountability. They discuss diffusion of responsibility, parallels to corporate misconduct, and the need for legal reforms that enforce disclosure, preserve evidence, and punish misconduct.

    • Confirmation bias and ‘win at all costs’ culture in policing/prosecution
    • Diffusion of responsibility makes unethical systems easier to maintain (corporations analogy)
    • Former prosecutors/judges sometimes shift after personal exposure to human consequences
    • Need for enforceable accountability for withholding exculpatory evidence
    • Voting, advocacy, and public pressure are framed as practical levers for systemic change
  13. 1:33:45 – 2:05:53

    After exoneration: compensation limits, civil rights suits, and Robert’s work inside the system

    They cover what happens (and doesn’t) after someone is exonerated: limited compensation, no criminal consequences for officials, and years of additional legal battles. Robert closes by explaining his current role at the public defender’s office, his nonprofit work, and his upcoming book focused on endurance and transformation.

    • Officials involved face no criminal accountability; civil rights claims seek monetary damages
    • Robert receives $2 million—widely viewed as inadequate for ~24 stolen years
    • Compensation laws are capped and inconsistent; some states offer little or none
    • Robert’s current work: outreach/organizing at Orleans Public Defender; mentoring nonprofit; policy influence
    • Book project: “Power of Endurance,” positioning himself as a ‘transformative’ (not just motivational) voice

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