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Justice

New Research Shows Bail Reform is the Key Fix for Jail Overcrowding

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Could bail reform be the answer to changing the trajectory of America’s current problem with mass incarceration?

That question is central to a new book published this month by University of Utah S.J. Quinney College of Law Professor Shima Baradaran Baughman and Cambridge University Press titled “The Bail Book: A Comprehensive Look at Bail in America’s Criminal Justice System.”

The book is the first comprehensive analysis on bail in the U.S. since 1970 and comes at a time when efforts to implement widespread bail reform across the country are gaining momentum. Senators Rand Paul, R-Ky., and Kamala Harris, D-Calif. — have introduced a bill to overhaul the nation’s bail system in an attempt to prevent individuals from being taken advantage by bail bondsman who often charge high fees and prey on disadvantaged people after an arrest.

University of Utah Law Professor Shima Baradaran Baughman

The bill, titled the Pretrial Integrity and Safety Act, is designed to address what the senators see as flaws in the system. Baughman’s book gives states concrete ideas on how to reform bail and save money, which would be even more feasible using reforms provided under the proposed bill. Other states have recently implemented their own bail reforms, including Colorado, New Jersey and Kentucky.

The time is ripe for sweeping changes, according to Baughman.

“Mass incarceration is one of the greatest social problems facing the United States today. America incarcerates a greater percentage of its population than any other country and is one of only two countries that requires arrested individuals to pay bail to be released from jail while awaiting trial,” Baughman states.

In the book, Baughman traces the history of bail and demonstrates how it has become an oppressive tool of the courts that disadvantages minority and poor defendants.

She draws on constitutional rights and new empirical research to show how we can reform bail in America to alleviate mass incarceration. By implementing these reforms, she argues, the nation can restore constitutional rights and release more defendants while lowering crime rates.

Baughman is a former Fulbright scholar and national expert on bail and pretrial prediction and her current scholarship examines criminal justice policy, prosecutors, drugs, search and seizure, international terrorism, and race and violent crime. Her teaching and scholarship at the University of Utah focus on criminal law and procedure and her work is widely featured in media outlets like the New York TimesWall Street JournalEconomist, and NPR.

She began researching bail issues early in her career after realizing that the most consequential decision in criminal justice besides arrest is the decision whether to detain or release someone before trial.

“It ends up impacting everything in a criminal case — from whether a person goes to jail and for how long, whether they are able to keep a job, home, and kids, and whether they will recidivate or be rearrested again. All of these impacts result from a two-minute decision of whether a judge allows someone to be released or not,” she said.

“And usually it is decided based on whether the person can afford to pay the bail. That’s, unfortunately, the biggest factor. Almost 90 percent of people who are arrested cannot get out of jail before trial just because they don’t have $200 or $500 to pay to a bail bondsman.”

Baughman’s research presents a customizable plan for instituting bail reforms, including use of pre-trial risk assessments and helping judges to use predictive methods to release the right people on bail without increasing crime rates.

Her research may provide a helpful framework as conversations about the future of bail in America continue.

“There’s a lot of momentum on bail,” said Baughman. “Conversations are happening in every state to decrease the number of people incarcerated. Most of the people in jail are not people convicted of any crime and we can change that.”

SWHelper is a news, information, resources, and entertainment website related to social good, social work, and social justice. To submit news and press releases email contact@socialworkhelper.com

          
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Justice

Brett Kavanaugh’s Hall Pass for Police Misconduct

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Brett Kavanaugh

On July 9, 2018, Brett Kavanaugh was nominated for a lifetime appointment to the highest court of the land, the Supreme Court of the United States (SCOTUS). Since Kavanaugh’s nomination, opponents are extremely concerned his addition to the court will skew the court to a conservative majority resulting in the rollback of rights and protections for women and minorities

Although Brett Kavanaugh’s stance on Roe v. Wade has been widely discussed, the latest allegation of sexual assault levied by Dr. Christine Blasey Ford has added yet another layer of angst among Democrats and women advocacy groups opposing his confirmation.

Observers can’t help but notice the historical parallels between the Kavanaugh hearings and the installation of Justice Clarence Thomas despite the testimony of Anita Hill in 1991. Thomas is currently the longest serving conservative justice on the current court. Most importantly, it is likely his impact will be felt for decades to come which is why its imperative the mistakes of the past are not repeated.

As the spotlight shifts from Kavanaugh’s stance on Roe to allegations of sexual assault, little attention has been paid to Kavanaugh’s position on the exclusionary rule which may drastically change how law enforcement wield its governmental power. The exclusionary rule is “a law that prohibits the use of illegally obtained evidence in a criminal trial” presented by police to prosecutors.

Last year, Kavanaugh gave a speech where he commended the late Chief Justice William Rehnquist’s view that the exclusionary rule “was beyond the four corners of the Fourth Amendment’s text and imposed tremendous costs on society,” and that it was not “required by the constitution.” Kavanaugh was referring to Rehnquist’s originalist approach to the constitution and his belief that the court should not go beyond its text.

The exclusionary rule was created to deter law enforcement from performing unreasonable searches and seizures as defined by the 4th amendment of the United States Constitution. This limit on law enforcement power is so intrinsic and engrained in our culture that it is almost taken for granted.

The rule simply says that evidence unlawfully obtained by police cannot be used against a suspect at trial. The rule also provides an important check on a criminal justice system that is already skewed against poor people and people of color.

A recent study found that the majority of innocent people who are wrongfully convicted and later exonerated are African American. In regards to murder convictions, African Americans are seven times more likely to be wrongfully convicted than white people. The disparity is even more pronounced with regards to drug offenses; African Americans are twelve times more likely to be wrongfully convicted than whites.

The stock argument in opposition to the exclusionary rule is that it inevitably allows guilty persons to go free. According to Judge Benjamin Cardozo, “The criminal is to go free because the constable blundered.” However, those in favor of the exclusionary rule remaining intact believe without it, the protections guaranteed by the Fourth and Fifth Amendments are nothing more than empty promises.

The exclusionary rule has been chipped away at with various exceptions since the Rehnquist Court. Currently, the Supreme Court has four conservative justices; Clarence Thomas, Neil Gorsuch, Samuel Alito, and John Roberts. With the addition of Kavanaugh our protections under the exclusionary rule, and Roe for that matter, will be in jeopardy.

The public has already witnessed Officer Michael Slager on video attempting to plant evidence on Walter Scott after fatally shooting in him the back while he was running away from a traffic stop for a broken taillight violation in Charleston, South Carolina. Communities of Color already fear and mistrust the police, and unchecked police power will further widen the divide.

If police are allowed to illegally enter into a home or seize property without securing a warrant and are able to present this evidence in court despite being obtained illegally, many fear this move will reward illegal behavior by the police.

The hypocrisy of government benefiting from its own unlawful conduct leads to a lack of trust in it and further diminishes the idea of equal protection under the law. Most importantly, when a court permits the use of illegally obtained evidence, the court not only sanctions the misconduct but also encourages it.

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Environmental Justice

Plastic Might Be Convenient, But Is It Worth It?

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By

Kristin

Plastic is everywhere in our lives these days. Water bottles, microbead skin products, disposable razors, shopping bags, and red solo cups.  It’s amazing how much of this ends up in the water systems, my dear Mississippi River and the Pacific Ocean.

When this debris ends up in the oceanic system, they all get pulled around by the currents–typically ending up in the same place, if not in an animal’s throat or around their neck first.  According to National Geographic, the Great Pacific Garbage Patch “is a collection of marine debris in the North Pacific Ocean. Marine debris is litter that ends up in oceans, seas, and other large bodies of water.

This “patch” is more than twice the size of Texas. It’s not surprising considering a study released in 2015 estimates that 8.8 million tons of plastic waste ended up in the ocean in the year 2010. I keep having this nightmare that the garbage patch is going to grow until the whole Earth is one large garbage patch!

Before we get to that point, too many animals will die from plastic. In 2013 in Spain, scientists found a dead whale, whose cause of death was intestinal blockage. The digestive system contained 59 pieces of plastic waste totaling 37 pounds in weight. Sea turtles are now ingesting twice the plastic they were 25 years ago. In total, it is estimated that plastic ingestion kills 1 MILLION marine birds and 1 HUNDRED THOUSAND marine animals every single year!

Other than ingestion, plastic can also ruin an animal’s life by tangling them up; this can make movement and growth difficult or impossible. Some species happen to inhabit areas where plastic pollution is more of a problem, causing them to be more susceptible to entanglements and ingestion caused by plastic. This fact proves true for species like the Hawaiian monk seal, which swim and feed in areas close to the Great Pacific Garbage Patch.

Not only can plastic hurt them in its full state, but also in later states. Although plastic does not biodegrade, it does break down and the chemicals that break down impact animals as well. The toxic chemicals really mess with the hormones of marine animals. In the long term, this can affect humans as well because many people are consuming the animals affecting by these pollutants.

So what can you do?

Of course, recycling can be a big help and not littering, but the only way to completely prevent these problems is by decreasing your plastic consumption. The best thing you can do is to completely eliminate plastic from your life! Convenience is not worth possibly living on a garbage planet.

In my single-handed fight I have collected 180,000 items – 50 pieces of litter a day for 10 years. If only the world didn’t find this weird – Andrew Mayer

Learn more about Andrew and his efforts to help pick up trash before it makes its way to the ocean in the article he wrote for the Guardian entitled I pick up plastic waste to save it from landfill. It’s lonely but worth it.

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News

Colin Kaepernick’s Eternal Vigilance

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Aldous Huxley said, “The price of liberty, and even common humanity, is eternal vigilance.” Huxley was letting us know that democracy isn’t easy. Democracy doesn’t just happen. Rather, it’s a constant struggle to maintain a society in which all citizens, regardless of race, sex, religion, or sexual orientation, have equal rights under the law.

From time to time we are fortunate enough to have an individual who reminds us of this, even though we may not want to hear it. Colin Kaepernick has assumed this role in American society and Nike has given him a stage to act it out.

Nike’s new commercial ends with Kaepernick saying, “Believe in something. Even if it means sacrificing everything.” It was criticized almost instantly. “Sacrificing everything,” they say, should mean sacrificing one’s life, whether it be during war or the 9/11 terrorist attacks. The underlying argument is Kaepernick and Nike are insulting those who died for our country.

There is no doubt the War on Terror has taken the lives of too many US soldiers. Since 2001, roughly 2,300 US soldiers were killed in Afghanistan. There is also no doubt that losing one’s life is the ultimate sacrifice.

It doesn’t make the war in Afghanistan any less tragic, but in 2016 and 2017 Chicago saw almost 1,500 murders. Around 76% of the murder victims were black. When you add in all the murders that occurred since 2001 the number is well over 5,000. This is just one of the types of tragedies Kaepernick wanted to draw attention to.

It’s almost a cliché at this point to make the comparison, but Muhammad Ali was met with similar criticism when he refused to fight in Vietnam. Ali was called everything from a nigger to a traitor. He lost three years of his prime as a fighter, and he had to take his case all the way to the Supreme Court to get his conviction overturned.

Ironically, President Trump has repeatedly criticized Kaepernick, while earlier this year he sought to pardon Ali. And even more ironically, President Trump did everything he could to avoid going to Vietnam.

In 1963, when Rev. Martin Luther King Jr. was jailed in Birmingham, Alabama for protesting racial inequality, he penned a lengthy response to an article written a group of moderate white church leaders, criticizing the way Rev. King went about protesting. Rhetorically, Rev. King asked the clergymen, “Why direct action? Why sit-ins, and marches and so forth?” His answer, “Nonviolent direct action seeks to create such a crisis and foster such a tension that a community which has constantly refused to negotiate is forced to confront the issue. It seeks so to dramatize the issue that it can no longer be ignored.”

Kaepernick is criticized for confronting America about its racial inequality at the wrong time.  The clergymen also questioned Rev. King’s timing. He responded, “Frankly, I have yet to engage in a direct-action campaign that was “well timed” in the view of those who have not suffered unduly from the disease of segregation.”

It’s true that Kaepernick hasn’t had to deal with police armed with fire hoses and attack dogs. His house wasn’t bombed, and obviously he hasn’t lost his life like those courageous members of the armed forces who selflessly went to war to protect the United States.

Kaepernick also didn’t lose his life like Rev. King fighting inequality. Does that make his point any less relevant? If Rev. King was to say, “Believe in something. Even if it means sacrificing everything,” would you tell him, “You can’t say that because you didn’t die in war”? Probably not.

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Human Rights

Indigenous Women Trapped in Human Trafficking in North America

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The subject of human and sex trafficking has been popular in the media recently. From the recent exposure of celebrities involved in trafficking and sex rings to the implementation of SESTA/FOSTA by the Republican party. Headlines focusing on celebrity figures and politicians silences the voice of vulnerable populations who are predominately impacted by human trafficking such as Native and Indigenous women on Reservations across North America.

Human traffickers prey on individuals who are socially oppressed, marginalized within their family and community, and vulnerable due to poverty. These circumstances create the perfect recipe for human traffickers when oil drilling corporations are interested in geographic regions near Reservations.

Corporate America has created the ultimate vehicle and tool for human traffickers to generate a business based on the exploitation of Indigenous girls and women. The scariest aspect of all is that the Johns/potential buyers within the encampment are not utilizing websites like backpage.com or craigslist.com.

Human traffickers are exploiting unsuspecting girls and women by transporting them directly to the oil drilling encampments. In other words, the implementation of SESTA/FOSTA by the Republican party fails to protect Indigenous women, men, and children trapped in human trafficking.

The Indigenous population of North America is 2.5 times more likely to experience violence in comparison to other neighboring populations. The statistics on violence and trauma becomes increasingly alarming because a majority of children on Reservations are exposed to violence before the age of 5. The high rates of violence on Reservations is a result of widespread poverty, Western colonization, and low job employment or opportunities. The impact of poverty and colonization has had devastating consequences on the Indigenous population residing on Reservations in South Dakota.

According to the 2010 census, the Pine Ridge River Reservation only consisted of 3,308 individuals. By 2014, almost 50% of Indigenous women and men reported experiencing violence, sexual assault, and domestic violence. These statistics indicate that 4 out of 5 Indigenous folks have experienced some form of violence at least once in their lifetime. In fact, statistics and rates of sexual violence may be higher due to under-reporting. These instances of violence increase based on non-native intervention, poverty, substance abuse, and childhood exposure to violence.

The high rates of violence, poverty, and substance abuse play an active role in the widespread occurrence of human and sex trafficking on Reservations. For Indigenous folks in North and South Dakota, instances of human trafficking have become increasingly problematic with oil drilling. The corporate interest in oil drilling has a negative impact on the Indigenous community by intentionally placing large groups of non-natives in close proximity to Reservations.

The promise of gaining monetary compensation for drilling has rebranded North and South Dakota as the new Western Frontier. Human traffickers and pimps benefit from the large oil drilling encampments because they are utilized as a one-stop-shop for marginalized Indigenous girls and women. This indicates that interests in corporate oil drilling have caused the onset of missing and murdered Indigenous girls and women across America.

Over spring break, I had the opportunity to visit the Pine Ridge River Reservation and Cheyenne River Reservation in South Dakota with an Immersion Program offered by the University of Southern California. However, an encounter during our last night in Rapid City made extremely aware easy someone can become a victim of human sex trafficking.

After dinner, we were approached by a young girl who proposed that her male friends wanted to meet and sit with us. We immediately declined the invitation, but that did not stop her male friends from approaching us. We recognized the red-flags of the situation and safely removed ourselves from the establishment.

We were only able to recognize the signs of human trafficking because we are privileged. As USC students, we are privileged with money, power through name recognition, and education. We have been trained to spot dangerous situations and problem-solve solutions on the spot. We have the money to afford the education and have been trained to recognize these red-flags. In addition, we might not be as vulnerable to human trafficking due to our socioeconomic status in America.

This close encounter with the young woman and group of men resembles Allison Mack’s role as a recruiter for the NXIVM group. Allison Mack exercised her privilege as a trusting and recognizable celebrity figure to lure and entrap unsuspecting women into human trafficking. Mack’s role as a female recruiter for NXIVM is a common tactic utilized by human traffickers.

Indigenous women and children do not share the same experiences as non-natives. As a matter of fact, 7 in 10 Indigenous children are expected to graduate high school and only 17% pursue higher-education. The risk-factors and barriers to completing and pursuing higher-education increases based on poverty, the absence of parents in the home, exposure to trauma and abuse, and substance abuse. These risk-factors place Indigenous women and children in a vulnerable position to be lured and swayed by the promises made by human traffickers.

In 2017, the #MeToo movement gained immense popularity in mainstream America, although the movement was originally created by Tarana Burke in 2006. The colonization and erasure of WOC is a topic that isn’t foreign to Indigenous folks on the reservation. Indigenous girls and women continued to feel excluded by the blatant disregard for native voices in the #MeToo movement.

In order to raise awareness surrounding the missing and murdered Indigenous girls and women across America, Senator Heidi Heitkamp drafted Savannah’s Act in 2017 and created the alternative hashtag for the movement: #NotInvisible. Savannah’s Act aims to fill the service gaps found in the Violence Against Women Act (VAWA) to provide safety and protection for Indigenous women and girls. Since Savannah’s Act has been introduced, the movement has not gained much traction based on America’s proficiency to erase and silence things that do not make us feel comfortable.

What exactly can we do about human trafficking on Reservations across North America? First, let’s beat down the virtual doors of our government officials by tweeting and sharing facts and statistics surrounding human trafficking on Reservations.

Continue to share it with your friends, family members, and colleagues. Heck, bring it up over Thanksgiving dinner this year! The most important factor is raising awareness and advocating on behalf of Indigenous folks across America and Canada. Indigenous folks have asked again and again for visibility through education, advocacy, and public awareness.

As non-natives, let’s create a platform where they can stand on our shoulders and share their experiences across America and Canada. Together, let’s continue to rally for marginalized individuals on Reservations across America.

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Justice

Sexual Violence Haunts Women With Vivid Memories Years Later

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Women who are sexually assaulted experience more vivid memories than women coping with the aftermath of other traumatic, life-altering events not associated with sexual violence, according to a new Rutgers University–New Brunswick study.

The research, published in Frontiers in Neuroscience, found that women who had suffered from sexual violence, even those who were not diagnosed with post-traumatic stress disorder (PTSD), had more intense memories – even years after the violence occurred – that are difficult, if not impossible to forget.

“To some extent it is not surprising that these memories relate to more feelings of depression and anxiety because these women remember what happened and think about it a lot,” said Tracey Shors, professor in the Department of Psychology and W.M. Keck Center for Collaborative Neuroscience in the School of Arts and Sciences who coauthored the study.  “But these feelings and thoughts are usually associated with PTSD and most women in our study who experienced these vivid memories did not suffer from PTSD, which is generally associated with more intense mental and physical reactions.”

The study included 183 college-aged women between the ages of 18-39. Sixty-four women reported that they were victims of sexual violence while 119 did not have a history of sexual violence. Less than 10 percent were on anti-anxiety or antidepressant medication.

The women with a history of sexual violence reported stronger memories with specific details that included seeing the event clearly in their mind. They reported having a harder time forgetting the incident and believed it to be a significant part of their life story, according to the research.

“Each time you reflect on an old memory, you make a new one in your brain because it is retrieved in the present space and time,’’ said Shors. “What this study shows is that this process can make it even more difficult to forget what happened.”

Studies have shown that sexual aggression and violence is one of the most likely causes of PTSD in women, a condition that is associated with decreased brain functions related to learning and memory that can be both physically and mentally debilitating and difficult to overcome.

“Women in our study who ruminated more frequently also reported more trauma-related symptoms. One could imagine how rumination could exacerbate trauma symptoms and make recovery from the trauma more difficult,” said Emma Millon, a Rutgers graduate student and coauthor of the research.

According to the World Health Organization, 30 percent of women worldwide experience some kind of physical or sexual assault in their lifetime with adolescent girls much more likely to be the victims of rape, attempted rape or assault. Recent surveys indicate that as many as one in five college students experience sexual violence during their university years.

Shors has developed a new treatment to lessen these vivid memories and help women recover that is different from the traditional Prolonged Exposure Therapy, which includes recollecting the traumatic memory during interviews, story writing and even revisiting the traumatic location.

Mental and Physical Training (MAP Training) developed by Shors combines 30 minutes of mental training with silent meditation followed by 30 minutes of aerobic exercise, twice a week for six weeks. In previous studies, MAP Training diminished trauma symptoms in women who experienced violence, with those participating reporting significantly fewer trauma-related thoughts and ruminations about the past.

“This problem will not go away soon and we must keep our attention focused on prevention and justice for survivors – and their recovery,” Shors said.

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Entertainment

Up and Vanished Season 2: A New Town, A New Case, A New Mystery

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By

Alyssa

Up and Vanished Season 2 – Kristal Anne Reisinger (L) Payne Lindsey (R)

On August 7, 2015, Payne Lindsey released the first episode in his first-ever podcast. What started as an interest in film and documentaries became an inspiration after watching Netflix’s series Making a Murderer.

In an interview with Atlanta Magazine Payne says, “Watching that show, something clicked. I said, ‘I want to do that.’”

Payne’s interest in people and storytelling expanded after taking a cross-country road trip. He and two friends traveled through 20-30 states starting from Atlanta, Georgia to the West Coast and making their way back to the East Coast. The 13-minute documentary focused on the lives of local people and trying to discover what makes them happy. Once completed, they took the film titled “Our People” on the festival circuit and won the best documentary short of 2015.

As Payne began research on his next big project, he took inspiration from Making a Murderer and Googled Georgia cold cases. That’s when he found Tara Grinstead a young woman who went missing from her home on October 22, 2005.

Authorities found her front door was locked, and her cell phone was sitting in its charger. Tara’s car was found sitting under the carport, the doors unlocked, and the front seat pushed all the way back. However, her purse and keys were missing. The last time anyone heard from Tara was Saturday night at 11 pm. She was 30 years old at the time of her disappearance.

Tara was an 11th-grade high school teacher from Ocilla, Georgia, and a former beauty queen. At the time of her disappearance, there was little to no evidence found except a single latex glove in her front yard and a broken necklace inside the home.

Family, friends, and investigators had no leads. Over the last decade, law enforcement was never able to identify a suspect, creating the largest criminal case file in Georgia’s history. When Payne came across the case, investigators and law enforcement were no closer to solving the case than they were in 2005.

Payne reached out on Websleuths asking about the case and was contacted by Maurice Godwin, a private investigator hired by the Grinstead family shortly after Tara’s disappearance. From there, Payne’s Podcast began.

Maurice shared leads, contacts, and his own theories with Payne as he collected research, reached out to Ocilla locals and gathered as much information about Tara as he could. In August of 2015, episode one of Up and Vanished launched, clocking in at 5,000 downloads in the first day.

From there, Up and Vanished (UAV) took off, quickly jumping from a small side project to Payne’s full-time job as new leads, evidence, and tips sprouted. On February 24, 2016, Ryan Alexander Duke, a former student of Tara’s, was arrested with charges against Tara’s disappearance, with another arrest on Bo Dukes made in the days following. Bo Dukes is another former student from Tara’s high school and Ryan Duke’s best friend. Though Payne doesn’t take credit for the arrests, the GBI did thank all the media for keeping the case in the spotlight.

Season one concluded with Payne conducting interviews with Brooke Sheridan, Bo Duke’s girlfriend, on details of the night Tara went missing, possible motives, and the aftermath of her disappearance. The trial for Ryan Duke and Bo Dukes is still ongoing, and Payne promises updates on the trial as he moves forward with season two.

On July 31, 2017, Payne aired the last episode. In the last few minutes, he played a recording of a conversation between him and Maurice Godwin. This is what it said:

Payne Lindsey: Hello?

Maurice Godwin: Hey Payne, Dr. Godwin here.

Payne Lindsey: Hey, what’s up, man?

Maurice Godwin: I’ve been thinking. We did some really good work on Tara’s case. There’s another case I had in mind. I’ve been looking to it for years. Maybe you and I should take a look into it.”

There has been radio silence on the upcoming season two until recently. A teaser trailer released on the UAV website for season. Viewers see choppy video footage with voice-overs from different people.

“She’s gonna turn back up. She’s gonna come back. She just went on one of these journey’s,” says one voice. “Maybe she’s in a cult somewhere and she’s just fallen off the face of the Earth and doesn’t want anybody to find her.”

“There’s just something really, really strange about this whole deal,” says another.

“Apparently there was this one guy that seen her walking off alone into the forest.”

From the clues suggested in the trailer, listeners can expect an investigation on another missing person’s case, but with fewer clues and more speculation. With the help of Maurice Godwin, Payne will likely be investigating the cold case of Kristal Anne Reisinger in the hopes of finding more answers. Season Two was release on August 20, 2018.

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