#343 Jason Flom with Brian Neirynck

Wrongful Conviction

Lava for Good Podcasts

True Crime

4.6 • 5.7K Ratings

🗓️ 16 March 2023

⏱️ 36 minutes

🔗️ Recording | iTunes | RSS

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Summary

In 1999, Brian Neirynck and Roberta Smedley separated and got into a custody battle over their three-year-old son. In June of the following year, Smedley reported to the South Bend, IN police that Neirynck molested their son. The boy failed to implicate his father, and only after many leading and suggestive therapy sessions, did he say the abuse happened. Despite no physical signs of molestation, Neirynck was arrested, tried, and convicted of sexually assaulting his own son. He was sentenced to 30 years in prison.

Wrongful Conviction is a production of Lava for Good™ Podcasts in association with Signal Co No1.

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Transcript

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0:00.0	I'm Jay Shetty and on my podcast on purpose, I've had the honor to sit down with some of the most incredible hearts and minds on the planet.
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1:07.0	Brian Narick and Roberta Spadley met in Plymouth, Indiana in 1994 and before long they were inseparable.
1:14.0	Two years later, they had a son, Michael Scott.
1:17.0	By the time the boy was almost three years old, the relationship had gone sour. Roberta kicked Brian out of the house, got a restraining order, and cleaned out his bank account.
1:27.0	Eventually, a bitter custody battle ensued.
1:30.0	In June of 2000, after the boy had returned from a visit with Brian, Roberta reported to police that Michael Scott had told her that he had been molested by his father.
1:40.0	The Department of Child Services investigated the allegations. Brian's visitation rights were suspended and Michael Scott was sent to play therapy.
1:49.0	Three years later, at trial, Roberta and the therapist repeated the accusations against Brian.
1:55.0	Michael Scott, now six years old, testified to say that his father had, in fact done what his mother had alleged.
2:02.0	Brian's only defense was to say that he loved his son and would never hurt him.
2:06.0	Against the testimony of an impressionable child, three years worth of notes and videotaped therapy sessions probably helped nothing of interest to the jury.
2:17.0	But this is wrongful conviction.
2:21.0	Welcome back to Ruralin for Conviction.
2:31.0	Today's story comes to us from St. Joseph's County, Indiana, and it's about one of the most horrific things that anyone can imagine as a parent.
2:41.0	And I'm speaking as a parent, but this would be horrific to any normal human person.
2:48.0	I'm talking about the crime of child molestation.
2:52.0	And the thing is, it never happened.
	...

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