About this episode
As teens, in the nineteen-eighties, Eric Smokes and David Warren were arrested for the robbery and murder of a tourist near Times Square on New Years Eve; an acquaintance had accused them, receving a lighter sentence for an unrelated crime in exchange for coöperating with police. Warren refused a plea deal in which he would have had to accuse Smokes, and both received lengthy sentences. Over decades in prison, they maintained their innocence, but they faced an impossible dilemma: without parole, they might have spent the rest of their lives behind bars, and, in order to get parole, they would have to take responsibility and express remorse for a crime they insist that they didn’t commit. Now middle-aged men, and still best friends, Warren and Smokes continue to fight to vacate the charges against them. Jennifer Gonnerman looks at the impossible choices they faced in the justice system.