13 Alibis - Ep. 5: Breaks My Heart
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It's been 10 months since I first met Richard Rosario's kids, Amanda and Richard Jr. Now, after nearly two decades of failed appeals, they have new hope that their father's latest motion will be granted. While they wait for news, they make one of their twice-a-year trips from Florida to visit their father. Here at the airport, about to get on the plane soon, hopefully go see our father in New York. And they let me tag along.

I'm Dan Slepian, and this is 13 Alibis. When Amanda and Richard Jr. arrive in New York, I offer to drive them to the prison. I'm curious what the visits are like for Rosario and his kids. Have they ever spoken with their dad about what it's like growing up without him? Amanda's answer surprises me. I haven't talked to him about it, ever. It was a strange feeling in the car. A mixture of sadness and anticipation and excitement.

Along the way, we discussed how the relationship with their dad has evolved over the years. I don't know if it's rare. I don't know if this relationship you have with him, you live in a different state. The only way you've known him is in prison.

And yet you keep coming up, you keep flying up. What is it that keeps that bond so tight? Despite the fact that I wasn't able to see him when I was little, I always got a card. I always got, um, I got so much from him as a little girl. You always made it known that he was our father. And that he loved us. That he loved us. You know, life would have been really different if my father was around. As a boy, you go to your father for guidance and for help because he's another man in your household.

After about a two-hour drive, we arrive at the prison. You get any feeling in your gut when you see this prison over this hill? Nerve-wracking. Yeah, I get butterflies. I get nervous. The visiting room at the Sullivan Correctional Facility feels like a small cafeteria. There are square tables and vending machines lining the walls. Amanda and Richard are seated at a table in the corner, near the door where their father will walk out.

Oh man, now I'm getting nervous. They often sing to themselves while they wait. The kids tell me it calms them. And then, the bell rings, meaning Rosario has arrived from the cell block. Hi, Dad. You saved? What's up, baby? It's obvious how happy they are to see each other.

For a moment, we could have been anywhere. It's easy to forget we're in a maximum security prison. What's up, Rich? Hey, Dad. What's going on? How was your trip over? It was good. It was cool. It was good? Yeah. You look sharp, man. You look sharp. After some small talk and catching up, Amanda brings up the topic she says they've always avoided. On the way over here, we were talking about we've never really expressed individually how this whole thing has affected us.

I feel like I can't even come up with the words to help my feet. I mean, just let it out, man. It breaks my heart every time I have to come here to see you sitting here. It's like, why is he here? That's something, the biggest thing I could lose in life is my father. It's different with, you know, us because it wasn't like I was a deadbeat dad. I was there. You don't remember a lot of things. I used to take you out of parks and you should just be us.

How you feel about all this? I hate it. I get anxiety before I come. I get depressed when I leave. I know. I try to stay positive and I appreciate the phone calls and I appreciate the letters and I thank God that I can at least visit you. But I don't know, it's just, it's hard. I know. I hate making memories over the phone. I hate it. And I feel like the older I get, the worse it gets for me. Yeah.

I'm going to die on my feet fighting for my freedom, for my children. And that's what I'm going to keep doing for the rest of my life, whether I'm here or out there. And that's what you got to do. Despite the circumstances, despite the pain this has caused all of them, despite that they've never directly talked about this, you can hear the commitment and the love they share. You want to talk about this anytime, how you feel, life in general, we could talk about anything.

You don't have to feel no shame. I've cried plenty of times because I love my family and there's nothing wrong with that. And that's one thing that, you know, I'm glad. It's like I tell your mother, she's the best thing that happened in my life because through her, I have you guys. So, you know, me and your mother did something good in life. I did something good in life. And despite what I'm going through, I hang on to that.

Their visit isn't all deep and serious. They talk about the things any normal family would, like the latest movies. I have an app on my phone where I can watch it. Yeah? Yeah. How come you didn't watch it yet? I'm about to tonight now. And then, all too soon, it's time to say goodbye. Let's end this thing. Love you, honey. Love you, too. I'll see you. Love you, all right? Love you, too, dad. I love you guys, all right? All right.

Keep working. And in all of their minds is whether this will finally end. Rosario's fate is once again in the court's hands. I've been waiting for them to do the right thing for 19 years. But until then, I'm, you know, cautiously optimistic. Weeks, months, a full year passes. And now I'm back in the office of Richard Rosario's attorneys at the Exoneration Initiative.

This time, the mood is a bit more somber as I begin speaking with lawyer Rebecca Friedman. Tell me what's happened. Our motion was denied without a hearing. The judge said there's not enough here for me to even give you your day in court. Denied? In his decision, the judge wrote that Rosario already had his day in court, referring back to that 2004 hearing where seven of Rosario's alibi witnesses testified and were rejected.

The judge called that hearing extensive and ruled that Rosario's new motion to vacate his conviction is denied in all respects. Bronx DA Robert Johnson declined an interview, but I got an email from his office pointing out Rosario's long list of unsuccessful appeals all the way to the United States Supreme Court.

I wish I could say I was surprised by the decision. But by now, I've come to believe that even if you have a videotape of the crime itself, it's not enough. All right, maybe that's a little dramatic, but you get my point. Can you describe what it feels like to work on a case that long, know the case the way you know it, and have your motion denied? It's incredibly frustrating.

I think it's the best way to put it. It's sad. It's dismissive of Richard's life, you know? This isn't just a name. Richard never actually even appeared in court before this judge. We tried to get this judge to bring him to court so he could look at his face and see this is a man, this is a person. This is not just a name on a piece of paper. By the time that appeal was rejected in 2015, I'd known Rosario for about two years.

I spoke with him often, got to know his case, got to know his family. But what I didn't know was how he'd react to the news that he was denied again. So I visit him, this time in a different prison from when I last saw him. A lot of barbed wire. You know, he's in a new prison over here. One night he was told to pack up his stuff and he was moved, which must be stress on top of stress.

Mr. Rosario. How you doing, Dad? It's good to see you again. Good to see you. He walks into the room apprehensive. He looks defeated. Listen, just be yourself. Of course. Just speak the truth. Of course. That's all that matters, right? You've been locked up for 20 years. 20 years. And you just had your latest appeal denied. Yeah. How do you process that? How do you deal with that? I've been through it so many times, so my bar of expectation is so low.

But it hurts. I mean, you get denied and then, you know, I'm on a visit with my wife and, you know, I can't even look at her because I don't want this for her. So it's difficult. He believes the people who put him away must know he's innocent by now and just won't own up to it. We're dealing with people that don't want to say, you know, we made a mistake.

Nobody wants to say that. It was easier for them to just close a case and give somebody some semblance of peace, which is the victim's family, but you know, they caused them more harm. And God knows what happened with this guy, whoever did it. He's still running the streets or how many other victims he's had since.

Rosario's fight continues. I go to see his lawyers, Rebecca Friedman and Glenn Garber again, who have filed yet another appeal asking a higher court to grant Rosario a new hearing. When people see this, right, people are saying, "Wait, I don't get it. What do you make of that?" It happens because we live in a world that is upside down, okay, where jurists who have sworn to uphold justice don't do it. They look for ways to turn a blind eye to this sh-- and it's f--king gross.

That's why. It's not rational. So don't ask us to give you a rational answer. Things are looking as bleak as they ever have for Rosario. Will he ever get out? That's next time on 13 Alibis. 13 Alibis is a production of NBC News and Dateline NBC. It's produced and edited by Robert Allen and Grant Irving. Our music is by Nolan Schneider. If you like the podcast, please share it.

Healthy baby skin starts from the bottom. Pampers Swaddler's diapers absorb wetness away from the skin better than the leading value brand with up to 100% leak-proof protection to help keep your baby's skin dry. Don't forget to pair Pampers diapers with new Pampers free and gentle wipes. They clean better and are five times stronger than Huggies natural care for easy cleanup without fear of tearing, no matter the mess. For trusted protection, trust Pampers, the number one pediatrician recommended brand.