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Through 34 years in prison, Ben Spencer believed truth would prevail. Today it did

AILSA CHANG, HOST:

Today, Benjamine Spencer is finally free. He spent 34 years in prison for a 1987 murder and robbery he has always said he did not commit. Spencer was released from prison three years ago, but today he has been officially exonerated. That means his record will be wiped clean of the conviction, and he will receive monetary compensation from the state of Texas. Ben Spencer is the subject of a book by former NPR reporter Barbara Bradley Hagerty. It chronicles how he got through decades behind bars, all while maintaining his faith that, one day, the truth would prevail. Barb was there today when a courtroom full of Spencer's supporters erupted into cheers as he entered.

(CHEERING)

CHANG: Benjamine Spencer joins us now. Welcome.

BENJAMINE SPENCER: Thanks for having me.

CHANG: Well, thank you for being with us on this incredibly happy day. I mean, you have known the truth for decades - that you are innocent. You have always been innocent. And I heard that, today, the prosecutor who reinvestigated your case, Cynthia Garza, officially apologized to you on behalf of the government for wrongfully convicting you.

(SOUNDBITE OF ARCHIVED RECORDING)

CYNTHIA GARZA: Mr. Spencer, on behalf of the state of Texas and Dallas County, I want to apologize to you for this great injustice that was had upon you 37 years ago.

CHANG: What did it feel like to hear those words and to finally see the government officially recognize your innocence today?

SPENCER: Invigorating, for one thing - I mean, to have them acknowledge that in such a powerful and mighty way and to proclaim it before the world, you know, that - it meant a lot. I mean - yeah.

CHANG: Yeah. What has been the hardest part of readjusting to life outside of prison?

SPENCER: Well, I would say a cellphone because I still haven't quite figured it out. And I'm afraid to do certain things because I don't want to open my accounts up to everybody, you know? So I have to be careful what buttons I push and - but that's about it for me. I mean, to me, when I walked out of the county jail back in March of 2021, it was like I woke up out a coma and walked back into my existence.

CHANG: Well, I want to go back in time a little bit because you were convicted when you were so young - you were only 22 years old - while your wife Debra was still pregnant with your son, B.J. B.J. - he's in his 30s now, right? And you're in your 50s?

SPENCER: Yes, he's 37. And yes - well, I'm close to 60 now.

CHANG: Wow.

SPENCER: I'll turn 60 in December.

CHANG: What has it been like to reconnect with B.J.? I mean, do you feel like you're still getting to know your son?

SPENCER: Indeed. I mean, I guess the relationship - the dynamics of the relationship has changed when you haven't actually been there to be a part of the process of raising him. But, you know, we just kind of picked up the chapter where I was released, and it's been a blessing to just get to know him as a individual and as a man, you know? He got his head on straight, and, you know, he's just doing things, being a responsible man - young man. And I'm proud of him. So we just kind of do things we can together. Occasionally, we might go catch a movie together. We've done a few car shows, and I'm always trying to help him as much as I can around his house 'cause he's not that inclined to know much about carpentry or anything like that.

CHANG: Hmm. Well, your wife, Debra - you entered prison a married man. And then, many years later, you two decided to divorce. And then, you married each other again after you got out of prison.

SPENCER: Right.

CHANG: Some of your letters to each other - they struck me so deeply because I was just in awe of the love between the two of you - the steadiness, the faith you both clung to that the truth would set you free. How did the two of you hang onto that during all of those years?

SPENCER: Well, for one, I guess our relationship and then having a child together - that kept us in contact with each other. I mean, even before TDC brought telephones into the system, you know, we always communicated through letters. And, you know, we had some good times, bad times, ups and downs, just like everybody else, I guess. But through it all, you know, we was always working through our differences and, you know, just to raise our son in a way - in a manner that we thought would be beneficial to him as he grew into adulthood.

CHANG: Well, I want to go back to this idea of truth and how much truth has meant to you. In one of the letters that you wrote from prison, you said, quote, "truth has always been more important to me than my freedom." And you really lived by those words because, at parole hearings throughout the years in prison, you continually refused to admit to the crime, even in exchange for your possible release. How hard was that for you, day in and day out?

SPENCER: It was easy for me. I mean...

CHANG: Yeah.

SPENCER: I had come to accept, whether I ever got out of prison or not, I could not and would not show sympathy or accept responsibility for something I was not responsible for. So the truth - like I said, the truth has always meant more to me than that. In fact, I had freedom, even in being incarcerated. So...

CHANG: Tell me about that. What do you mean you had freedom, even being incarcerated?

SPENCER: Well, the truth - I mean, just knowing the truth about the situation - that I wasn't responsible in any way with the murder or robbery of Jeffrey Young. I mean, I just had freedom in that.

CHANG: Yeah.

SPENCER: And so that meant a lot to me.

CHANG: Well, Barb's book - it's called "Bringing Ben Home." It reveals the American criminal justice system to be corrupt in so many ways - dysfunctional, racist. It shows how it is way easier to put people in prison than to set the innocent free, especially if you're a Black man like yourself.

SPENCER: Right.

CHANG: How do you come to terms with that, Ben - with what the system did to you? Can you talk about how you've been processing that?

SPENCER: Hmm. That's kind of a hard question - but, you know, just really just hoping that - in time, that changes can be made that will improve the system. I mean, that's something I would like to work toward, even now, because the system is broken, you know? People fail to realize how easy it is to get convicted of a crime. I mean - and oftentimes, I think the fact that a person is sitting at the end of a table as a defendant - I think, in the minds of juries, they feel that, you know, there's no possible way that a police made an arrest of a person that didn't commit the crime in which they are charged. So I think juries tend to convict solely on the fact that you're sitting there at the end of this table.

CHANG: For other innocent people who are still in prison today, what would you like to tell them about how to keep going?

SPENCER: I would say always hold onto hope. You know, I believe in God. I believe that God causes the sun to shine on the good and - as well as the bad. So with that, you know, we just hold onto hope and pray that doors are opened on our behalf. You know, there was times I didn't know whether I would ever get out.

CHANG: Well, I am grateful that you held onto hope and that the doors opened for you. Benjamine Spencer - he was wrongfully convicted of a crime he did not commit, and today he has been officially exonerated. Thank you so much, Ben, for sharing this precious time with us. I so appreciated this.

SPENCER: OK. Thank you for having me.

(SOUNDBITE OF MUSIC) Transcript provided by NPR, Copyright NPR.

NPR transcripts are created on a rush deadline by an NPR contractor. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of NPR’s programming is the audio record.

Jonaki Mehta is a producer for All Things Considered. Before ATC, she worked at Neon Hum Media where she produced a documentary series and talk show. Prior to that, Mehta was a producer at Member station KPCC and director/associate producer at Marketplace Morning Report, where she helped shape the morning's business news.
Justine Kenin
Justine Kenin is an editor on All Things Considered. She joined NPR in 1999 as an intern. Nothing makes her happier than getting a book in the right reader's hands – most especially her own.
Ailsa Chang is an award-winning journalist who hosts All Things Considered along with Ari Shapiro, Audie Cornish, and Mary Louise Kelly. She landed in public radio after practicing law for a few years.