We have one of the highest rates of imprisonment in the Western world. 20,000 of our kids have a parent behind bars. What's it like when they're on the inside and you're on the outside? Tonight ` MAN: Anthony James Manahi White. 19-year-old Anthony is charged with manslaughter after a fatal car crash and sentenced to six years' jail. His parents, Gail and Rob, are convinced he was wrongly convicted and shouldn't be in prison. There's just a major cover-up here. Love you! There's just a major cover-up here. Love you! Love you! With a new court date in two weeks, will their new evidence be accepted by the judge? And will AJ walk out a free man? ROCK MUSIC Captions by Tom Wilson. Edited by Desney Shaw. www.able.co.nz Captions were made possible with funding from NZ On Air. Copyright Able 2013 Hamilton couple Gail and Rob believe their youngest son, Anthony, or AJ, is in prison for something he didn't do. For the past four years, they've been trying to prove he's innocent, borrowing hundreds and thousands of dollars from friends and family to do so. In August 2008, AJ was meant to be at a 21st birthday party. Instead, he was out driving with friends. That stormy night, the White family's lives changed forever. The car AJ was in crashed, causing the death of one person and serious ongoing injuries for another. I got a call from the Tauranga Hospital, uh, saying that my son had been in a car accident. It's still definitely a big knock to ya ` that your boy's in hospital, and, um,... you're kind of struggling to find out what actually happened. 'Oh my God. I'm gonna see my son. He's gonna be smashed up to bits. I'm not gonna recognise him.' TENSE DRUMMING First of all, I was elated that he's not smashed up like I assumed. He was going to be` It wasn't... He just looked normal to me. AJ was lucky. A seat belt saved him from serious injuries. He had severe bruising from the belt. As a result of a head injury, AJ has no memory of what happened that night. Mr and Mrs White. AJ. The policeman said he... he was the driver of the vehicle, and he read him his rights and` and charged him with, um,... driving while disqualified, drink-driving, trying to flee the scene, manslaughter, two counts of injury. For Rob and Gail, hearing the charges was devastating. I thought, 'Oh my God, you're a horrible brat. 'You've done something so bad, you've taken somebody's life. 'What were you doing drinking and driving? Why were you even driving? 'You haven't even got a licence. You're a disqualified driver drinking.' We really went hard on him. But then Rob and Gail say things started to get confusing. That same night at the hospital, they say they recall being told different things by different people. I was told... the night of the accident, by a constable, that she had confirmation from on site that he wasn't the driver. So I had confirmation that he wasn't the night of the accident. The following day, my son's being charged. Haunted by this, Gail says she felt compelled to investigate further. She began by tracking down the blue Subaru involved in the accident and found it at a wrecker's yard. Gail says even though AJ hadn't been cut and hadn't bled, the driver's area was a mess. I was shocked at what I saw, and you don't have to be a rocket scientist to think, 'There's something wrong here,' when you're looking at a vehicle that is extensively covered in skin, flesh and blood. And it was all over the driver's cell area. I thought, 'OK, there's something very wrong here.' We must retain this vehicle for a,... uh, crash... independent crash analysis. Since then and over the next four years, the couple have devoted their lives to getting AJ's case reopened. Yeah, well, that's good evidence, that what you said, but you have a look at this. With the help of local and international crash experts, they've carried out their own investigations and forensic testing. We've had a` a Queen's counseller turn around and say, um, 'Stop it. Don't fight any more. Let it go, because it'll destroy you.' Rob and I walked on to the street, and we looked at one other, and he says, 'Hell no. Hell no, we're not letting this destroy us. 'We'll just stand up and hold your head up and walk on and strive for the truth. Truth and justice.' Despite a jury convicting their son of manslaughter, Rob and Gail's belief that their son is innocent is so strong, they've taken his case all the way to the Court of Appeal. In 2011, this appeal was dismissed, but Gail and Rob are continuing the fight. A lot of people will be thinking why don't we give up? You know, 'Your son's guilty.' We know he's not. We definitely know he's not. If we thought he was guilty, he'd do the time. But, um,... we're not giving up. Rob and Gail keep AJ's bedroom exactly as it was before he was sent to prison. Before the crash, AJ was working as an apprentice with his dad. He also liked cars. A year before the crash, he was suspended from driving for drifting ` a typical boy racer offence. It's been a massive battle. You know, I wake up in the morning, and it's like I've got a bloody big police boot on my throat. I've gotta get out of bed, you know, at 5 o'clock in the morning, go to work,... try and work as many hours as I can, you know, just... just because our bills have been insurmountable. UNSETTLING GUITAR MUSIC Gail has given up work completely to study AJ's case from home. Rob and Gail say they've spent $220,000 so far fighting to clear AJ's name. In one week, Gail and Rob are going to court again ` this time to support AJ as he faces two outstanding charges from the time of the crash. But they're also hoping the judge will accept their new evidence. MUSIC CONTINUES Rob and Gail are trying to get their son, AJ, out of prison. Involved in a fatal car crash and convicted of manslaughter four years ago, AJ's parents say he wasn't the driver. In less than a week, they're back in court. Proving AJ's innocence is costing Rob and Gail everything they have. Without work, without a paying job, we'd be totally down the gurgler. Yeah, we would. I've gotta try and make as much money as I can, you know. We've spent a lot on lawyers and blood-analysis people and private detectives and what have you and... Whereas they've all been paid, um, we've borrowed money off our family and close friends, and we still owe that money back, and we just gotta keep working to pay it. So far, they say they've spent close to $250,000. Mounting debts means Rob, an engineer, is working every moment he can. I'd be at work, and the phone would go. I'd answer the phone, and it's Gail crying her heart out in the phone. You know, 'What are we gonna do?' And here I am, standing in me overalls. One part of me is saying, 'Go home and comfort your wife.' The other part is saying, 'You've gotta be loyal to your employer, otherwise you'll have no job.' So you're torn between two things. What do you do? While Rob is working, Gail's at home working on the case and writing. This poem's called Curls of Razor Wire. READS: 'It is the day that I'll always remember. 'Tis the day I shall call DNA. 'They can muck me around. I will never let them break me down. 'With guards and police between you and I, they can't take away that connecting inside.' I write poems, and it takes that weight off your shoulders. You've written it, and you've got it out of your brain, so you move on. And I read them back to myself, and I think, 'Yeah, that did happen.' I might put a little ditty on a` a letter to him, but some of them are pretty heart-wrenching, so I try and keep my letters to him... as positive as possible, just to let him know everything's fine. We're doing fine. We just love you, and we care, and... we'll get there. REFLECTIVE MUSIC Today there are two letters from AJ. READS: 'Hello, Mama. 'All is good here with me. I'm in Waikeria now. I'm up the top jail in south` I'm west-south. 'I'll probably end up staying here until I head back to Rangipo. 'Uh, I have no TV at the moment. They have left it behind in Spring Hill Prison or... something. 'I can't, um, get a straight answer from them. I'll have to get you to sort it out, Mama. 'Everything gets sorted when you're on their case. Ha ha. 'Be safe. Arohanui. 'With all my love, your son, AJ.' It's the weekend before the court hearing. Gail and Rob are under pressure. They turn to family to help take their mind off what's happening in just a few days. Their extended whanau is large and, over the last four years, have supported Gail and Rob through every hearing. Yeah, I'd just like to, um, get everyone to stand up and come in support of Koro. Today is especially important. It's Gail's dad ` AJ's grandad's ` 85th birthday party. It's all good to see the family here supporting Ray with his, um, 85th birthday, and, um,... it's sad that we're missing AJ, but, you know, we were hoping he could have been out by now, but, um,... we're still trucking on. It's now the day before AJ's latest court appearance. He's facing two outstanding charges left over from the accident four years ago. Gail and Rob are hoping the judge will accept their new evidence in defence of these two leftover charges. While prepping for court tomorrow, Gail gets an email from her lawyer with a 29-page attachment. It's the judge's decision on the new evidence. It's... devastating. It's devastating. It's... devastating. It's devastating. I was... disgusted, shocked. Tomorrow's court hearing will still happen, and the judge will deal with AJ's remaining driving charges, but he's decided to uphold the Court of Appeal and not accept their new evidence. For Gail and Rob, this is a big setback. I couldn't believe it. I thought, 'How stupid could they be?' But you can't keep crying about it. You've gotta... battle on. THUNDER RUMBLES, RAIN PATTERS It's early morning. Rob and Gail are getting ready to drive two hours to get to Tauranga District Court. It has been a long wait, but today is Anthony's day. There'll be a lot of stress, and there'll probably be a lot of tears, because today was the day that justice was to prevail, and we'd have our son free. It's sad that the` the decision has gone against us. We're going to get another kick in the butt, so we already know what's happening, so it's, um,... (CHUCKLES) deja vu, really. In a strange coincidence, the weather this morning is exactly the same as the night of the accident four years ago, and to get to Tauranga, Rob and Gail must drive through the crash site. Definitely brings back memories of four years ago. must drive through the crash site. Definitely brings back memories of four years ago. It does. It does. But never mind. We're, uh, on a mission. I just hope the rest of the family travel safe. I always get butterflies coming up to the crash scene, because it brings back all those memories. It's still a traumatic area of our lives ` something` something that'll never go away. Despite the awful weather, most of the whanau have made it. Well, thank you very much to all the whanau and... whanau-esses and whanau-fullas that have come down to support the family once again. It means so much to us. AJ loves seeing you fellas in court. > That'll be the highlight of today; we get to see him, and he gets to see you. < JUDGE: Anthony James Manahi White. It's unlikely the judge has changed his decision, but they're hoping all the same, and there's still the remaining charges. For AJ and the family, there could be worse to come. The judge may decide to add more time to AJ's prison sentence. Are you suggesting that AJ has to plead` say that he's guilty? Four years ago, 19-year-old Anthony, or AJ, was involved in a fatal crash and sent to prison. His parents, Gail and Rob, believe he's innocent and are on a crusade to prove it, spending all their money to do so. Today, they wanted the judge to accept their new crash evidence. Instead, the judge may add more time to AJ's prison sentence. < JUDGE: Anthony James Manahi White, I have two charges before me today arising from driving on the 2nd of August 2008 at Tauranga, driving with excess blood alcohol. And I was satisfied by a considerable margin that the verdict of the jury was correct and remained... The judge has thrown out the new evidence. It's another slap in the face for Rob and Gail. Their bid to reopen the case has not succeeded. But at least the judge doesn't add any more jail time to Anthony's sentence. He does disqualify AJ from driving for longer on his release. Stay strong, cuz. > for longer on his release. Stay strong, cuz. > Thank you, people. FAMILY: See ya. We were hoping to get a glimpse of him, and I know that they have got tinted windows, but he can see us. He won't be able to wave, unless he nods like this with his head, but he'll know that we` we love him, and we care, and we're... Mm. He can't wave, because they have their hands, um, shackled now to their waist. So all he can do is wave with his head. (CHUCKLES) AJ is inside the van, being taken back to prison. ALL: Bye, AJ! Love you! ALL: Bye, AJ! Love you! Love you, AJ! ALL: Bye, AJ! Love you! Love you, AJ! ALL: Bye! I'd take you all to the restaurant and shout you a feed, but I'm broke. ALL: Bye! I'd take you all to the restaurant and shout you a feed, but I'm broke. ALL LAUGH I understand. So just imagine that I have. I understand. So just imagine that I have. I love you. (SOBS) 'It's worse than a death. 'What's happened to me, I feel it's worse than a death. 'If my son had been killed in that accident, it may have been better 'because of the trauma it's put us through. I live this every day.' Today's hearing has been disappointing and draining, but tomorrow brings a glimmer of hope. High-profile lawyer Russell Fairbrother has indicated he is interested in AJ's case, and he's meeting with Gail and Rob in the morning. I think there is a fine line between sane and insane, and I think everybody can walk that fine line daily. Physically drained. Drained, and my brain aches. My body hurts. My heart hurts the most, I think. But... (SIGHS) with the help of Russell, we will get it sorted. We got stomped on yesterday, and, um, we've already sprouted up again and grown new wings, and we're starting to fly again, so, uh... Nah, good. It's really good, and, uh, you know, have a` To have a guy like, um,... uh, Russell, with his calibre and his professionalism, you know, coming in and helping us, it's just out of this world. Rob has spent the morning readying AJ's case files from the past four years. He's here, Gail. Gail, he's here. Oh, cool. Rob. Oh, cool. Rob. Hello, Russell, how are you? Oh, cool. Rob. Hello, Russell, how are you? I'm very good. Sorry I'm a bit late. No, you're fine. No, no. It's a pleasure having you here. Come in. I'm very good. Sorry I'm a bit late. No, you're fine. No, no. It's a pleasure having you here. Come in. Thank you. No, you're fine. No, no. It's a Hi, Gail. Thank you. No, you're fine. No, no. It's a Hi, Gail. Hi, how are you? Russell Fairbrother has researched AJ's case and gives Rob and Gail his advice, and he's not mincing his words. There are two things that I've gotta tell you. The first is getting AJ through his prison term. He's doing six years, three months. He will not get out on parole unless he... admits guilt. Now, I know you're gonna say, 'We won't let him do that.' But you've got a responsibility of getting him through the prison service. Prison is a hell of a place, and a month in prison is a month too long. Are you suggesting that AJ has to plead` say that he's guilty to...? He has to say he accepts... the ruling of the Court of Appeal. If he continues to deny his guilt while he's doing his prison term, he will be there for a long time, I would think. So he's just got` He's just gotta now say, instead of, 'I accept I'm guilty,' he's just gotta say, 'I accept what the court has said'. 'I accept what the court says, and I want to get on with my life, assuming that's a fact.' Doesn't stop you doing what you're doing. Doesn't stop you doing a thing. But his campaign is different from your campaign. ROB AND GAIL: Mm. But his campaign is different from your campaign. ROB AND GAIL: Mm. His campaign is to get through prison. Russell's advice is stark. For Rob and for devoted mum Gail especially, after four years of trying to prove AJ's innocence, this was not the advice they were expecting. Thanks. In the short term, they've disadvantaged him. But in the long term, they believe in their boy, they know him, and, uh, you've gotta say they're entitled to do that, and we're a better community for people` for parents reinforcing values in their children like that. The meeting has left Rob and Gail thinking. I probably do feel slightly differently. He's` He's honest and straight-up. You know, even though we've been... um, AJ's been wrongfully convicted, we'll just concentrate on getting him back home, you know, and making sure that the... you know, he lets those that need to know that he's accepted the findings of the court, and... let's hope the parole board see favour` favour in that and release him. But for Gail, it's not that simple. We won't be saying that, not at all. We'll be just... No, and AJ won't be doing that either. What he, AJ, will be doing is completing what the Parole Board had laid down for him to complete, keep his nose clean and see what happens from there. He doesn't have to accept anything from anybody else. Nor do we. Yeah, but by accepting the findings` He doesn't have to accept anything from anybody else. Nor do we. Yeah, but by accepting the findings` No, I'll never... No, he will never do that. It is not` It is not accepting guilt. I have taken it on board. I will talk to him about it. It doesn't mean to say that we have to accept exactly what Russell is actually saying. It's going to be fine. But is our money gonna run out before we get things resolved? It's going to be fine. But is our money gonna run out before we get things resolved? It will never run out. It will never run out. We'll be fine. UNSETTLING MUSIC MENACING ROCK MUSIC Captions by Tom Wilson. Edited by Desney Shaw. www.able.co.nz Captions were made possible with funding from NZ On Air. Copyright Able 2013x