upworthy

Democracy

Justice

Wrongfully convicted man proves his innocence using an episode of 'MythBusters'

John Galvan was only 18 years old when he was arrested for a crime he did not commit.

Justice (and scientific education) served.

The Discovery show “MythBusters” delighted investigative junkies and movie buffs alike in the years following its launch in the early 2000s. The stunt-filled show featured special effects experts Adam Savage and Jamie Hyneman testing out the validity of everything from duct tape islands to mechanical sharks using scientific methods.

Back in 2007, 39-year-old John Galvan was 21 years into serving a life sentence for a crime he didn’t commit, when he caught a rerun of “MythBusters” on the prison television. The episode, “Hollywood on Trial,” which originally aired in 2005, shows Hyneman and Savage failing to light a pool of gasoline using a cigarette—a classic action film trope.

Not even a rolling fully lit cigarette could ignite a flame. In other words, the myth was officially “busted.This bit of information immediately caught Galvan’s attention, for it would be the very catalyst needed to prove his innocence and reclaim his freedom.

In September 1986, a fire broke out in a two-flat apartment building in southwest Chicago, killing two brothers—one of whom was suspected to be involved in a gang called the Latin Kings. Their siblings managed to escape and told police that a female neighbor had threatened to burn the building down as retaliation for her own brother’s death, an act supposedly committed by the gang.

The woman denied involvement and instead pointed the blame at Galvan, along with other neighbors interviewed by the police. Although Galvan had been asleep at his grandmother’s the night of the fire, he had no other evidence proving his innocence, and was arrested. He was only 18 years old.

Using violence, torture and deception tactics (which remain legal in 46 states), Detective Victor Switski eventually coerced Galvan into signing a confession after threatening that he could face the death penalty and end up “laying next to” his late father.

mythbusters sets man free

A photo of Galvan as a child.

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Galvan’s signed statement claimed he had started the fire by throwing a bottle filled with gasoline at the building and then tossing a cigarette into the pool of gasoline on the porch to ignite it. Which, again, is scientifically impossible.

Galvan immediately called his lawyer Tara Thompson, who had serendipitously been watching the same episode. Thompson and Galvan had been working on his third post-conviction petition, and both were thrilled to have stumbled upon some compelling evidence in the most unlikely of places.

“I remember I was excited, I was extremely happy because that just added to the other things that were coming together at that time. I felt like finally this is starting to all come out,” Galvan recalled.

Thompson added, “It was honestly shocking to me … I feel like all of us have seen movies — like Payback is a famous one — where they light the gasoline in the street with a cigarette and a car explodes, and I really had never given much thought to whether or not that might be real.”

“When I watched this MythBusters episode, as a lawyer, it made me realize that there are things you have to look deeper into — you can’t assume that you understand the science until you’ve looked into it,” she added.
innocence project

Tara Thompson (left) and John Galvan (right).

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The show’s findings were echoed by experiments conducted by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). It made more than 2,000 attempts to ignite gasoline with a cigarette under various conditions and every attempt failed.

It wouldn’t be until 2017 that Galvan got his evidentiary hearing on his post-conviction claims. Thompson not only presented their findings, but also seven witnesses—including those who attested to also being tortured by the same detective who had interrogated Galvan, and an arson expert who testified that what Galvan falsely confessed to was scientifically impossible.

Despite the overwhelming evidence, prosecutors still denied that the science was correct.

“Even then, they really did not want to accept that this was not possible,” Ms. Thompson recalled. “I find that very telling about the state of science and the law … that these things that we probably should accept as true in the legal space, the system does not always want to accept.”

Galvan would have to wait until 2022—and after several appeals—to gain his freedom. He was exonerated largely based on the fact that he was abused into involuntarily signing his confession, rather than any changes to the science of the case.

Rebecca Brown, director of policy for the Innocence Project, says it speaks to “the critical importance of establishing mechanisms for people to get back into court when science changes or evolves, or when experts repudiate past testimony.”

“A ‘change-in-science’ statute here would have allowed for a presentation reflecting those changes in arson science and could have likely expedited Mr. Galvan’s exoneration,” she explained.

good news

He'll never get those 35 years back, but he's going to make the best of the time he has left.

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Adjusting to a new life outside the prison walls after 35 years has been no easy task, but Galvan is nonetheless taking his newfound freedom in stride. He’s most looking forward to having his own space to call home and getting back to drawing and painting. If you would like to support Galvan, check out his Amazon wish list.


This article originally appeared two years ago.


New citizen breaks down in tears over voting for first time

Every four years there's an election for president of the United States of America. Of course there are other elections taking place for congressional seats, the House of Representatives every two years, Senate every six years. Aside from federal level elections there are a lot of local elections constantly happening that directly impact the lives of American citizens within cities, counties and states.

Every election that takes place allows Americans to have a say in their daily lives by choosing who will directly govern them from city council to school boards, up to state legislatures and beyond. But not everyone living in America can participate in one of the greatest civic duties entrusted on the citizens of this country.

The ability to vote in elections is one thing that many Americans can take for granted but for Vivaldi, it's a privilege he's waited a long time to gain.


Vivaldi who goes by the name Whistling Vivaldi recently shared that he voted for the first time in an emotional video. The Haitian American man has clearly been crying before he turns on his camera to hit record, clearing his throat to say, "I'm going to try my best to get through this. I do not know if natural born citizens know what this feels like."

a hand holding a red button that says i vote Photo by Parker Johnson on Unsplash

Before he could finish his thought he immediately got choked up again. Vivaldi explains that his family came to America when he was a child in 1999 which was followed by several major events, including the towers of the World Trade Center coming down.

"There was nothing you could really do, things were just happening and you were trying to overcome. Be that 9/11, be that Katrina, be that Sandy Hook, be that the overturning of Roe, be the overturning of affirmative action, be that Citizens United, be that the Patriot Act, be that the housing crash, everything, right? These things were occurring, they were altering the trajectory of people's lives and if you weren't a citizen and you couldn't vote, you really just had to suck it up and take what you got," Vivaldi says.

polling station poster on clear glass door Photo by Elliott Stallion on Unsplash

Without a vote there aren't many options to affect change in your city, county or country. Running for office even at local levels are reserved for people who are registered to vote in most places. Outside of speaking at a city council or school board meeting, immigrants have no meaningful way to do their part to make their voices count, whether they're tax paying or not.

For Vivaldi, he says social media was his only way to get people to hear him in an attempt to affect change. That's when he's completely overcome with emotions while trying to finish his announcement.

red and blue building illustration Photo by Clay Banks on Unsplash

"After 20 years, I guess 26 years," the emotional man takes a deep breath. "I finally got to vote today, for the first time," Vivaldi couldn't stop the tears from flowing. "And maybe, just maybe, I was able to affect the trajectory of not just my own life but that of my family, that of millions, probably even billions of people around the world. Hopefully alleviate some sort of suffering."

Once Vivaldi composed himself he directed his attention to Americans who think their votes don't matter to remind them that it does matter.

"But there are people like my family that have left everything behind. That have spent thousands and traveled across oceans for just the maybe, just the possibility," and with that he encourages everyone to go out and vote.


The emotional video struck a lot of people including immigrants who were recently naturalized getting to vote for the first time this election cycle. Support for Vivaldi was overwhelmingly positive as his tears reminds others what some Americans take for granted.

"You are everything this country was meant to be. I felt this to my core. I cried with you. I am so glad you and your family are here. Embrace every emotion. Every moment. You are part of the change," one person praises.

A fellow immigrant shares, "after 19 years in America, I became a citizen 1 year ago. On Teusday[sic] I will be voting for the 1st time. I feel this deep."

Vote Voting GIF by The Drew Barrymore ShowGiphy

"THIS is what being American means. You’re amazing and I’m so happy you’re here and we should all be proud and grateful you and your family are here," another shares.

"You made me cry like a baby! Thank you for taking this right and responsibility so seriously. Congratulations," someone else chimes in.

"I feel this in my soul. I’m 47 just became a citizen last year and voted this week for the first time and it is an emotional experience. Thank you for sharing this message," another person shares in the emotion.

This year millions of people across America will be exercising their right to vote and for those recently naturalized participating for the first time, may you feel immensely proud of the ballot you cast.

Democracy

Big study finds conservatives are happier, but liberals enjoy this aspect of life more

The way we see the world has a significant effect on our psyche.

Some Trump supporters and a Harris voter.

Identifying as a liberal or conservative means a lot more than simply voting Democrat or Republican. These views stem from a difference in worldview and values and they significantly affect how satisfied we are with our lives.

Generally speaking, American conservatives believe the political system is fair and provides a stable foundation for people to pursue their dreams. They also value tradition, stability, conformity and safety. American liberals, on the other hand, are concerned about the political system's fairness and are more comfortable with ambiguity, nuance, diversity and new experiences.

This difference is evident in the places where liberals and conservatives choose to live. You’re much more likely to find liberals residing in metropolitan areas full of diversity and culture. In contrast, conservatives prefer rural areas that are culturally homogeneous and steeped in traditional values.



conservatives, liberals, studiesA farmer and his hay.via Canva/Photos

Who’s happier, conservatives or liberals?

Multiple studies, including a new one published in the Journal of Personality, have found that happiness and meaning are more associated with conservative views because they believe in the system and are satisfied by hard work.

The Journal of Personality is the American Psychological Association’s top-ranked peer-reviewed journal on personality and social psychology.

“Across six studies, we largely replicate earlier findings that happiness was associated with slightly more political conservatism,” the researchers wrote. “Happiness was also associated with system justification, or the tendency to see the current political, economic, and societal systems to be fair and defendable. Meanwhile, meaning in life was consistently associated with Protestant work ethic, or the view that hard work will lead to success in life.”

Why are conservatives happier than liberals?

Simply put, conservatives believe that America is a meritocracy where anybody who works hard can make it, giving them a sense of happiness. This also means that they feel less responsible for those who do not make it because they believe it is due to their own choices or a lack of work ethic.

However, liberals are more likely to think that the system isn’t a meritocracy because there isn’t an equal playing field for women, people of color, those with disabilities, immigrants, or people who are born into economically disadvantaged families. The feeling that you live in an unfair world, whether you are a member of a privileged group or not, can create a sense of constant unease.

So, it makes sense those who think the system is fair are happier than those who do not.

conservatives, liberals, studiesA couple protesting for free healthcare.via Elvert Barnes/Flickr

How are liberals different from conservatives?

On the other hand, the researchers found that liberals live a much more psychologically rich life than conservatives, mainly because they are more open to new experiences. Liberals are likelier to live abroad, experience different cultures and read fiction. The researchers note that liberals are much more open to broadening their perspectives than conservatives and see it as an opportunity for personal growth. Conservatives may see new experiences as threatening to their safety or traditional beliefs.

The study makes an interesting point: People who believe they live and work in a fair system are bound to be happier than those who feel it’s unjust. However, it also shows that those who value tradition and stability highly may miss out on much of the richness life offers.

“We are not claiming that a psychologically rich life is by any means better than a happy life or a meaningful life,” the researchers concluded. “Indeed, it is clear that a happy life and a meaningful life are desirable lives, associated with stable social relationships, prosocial behaviors, and health.”

Photo by Jeff Burak on Unsplash

Most Americans associate Lady Liberty with welcoming immigrants, but that's not what she was meant to represent.

If Americans were asked to describe the Statue of Liberty without looking at it, most of us could probably describe her long robe, the crown on her head, a lighted torch in her right hand and a tablet cradled in her left. Some might remember it's inscribed with the date of the American Declaration of Independence, July 4, 1776.

But there's a significant detail most of us would miss. It's a feature that points to why Lady Liberty was created and gifted to us in the first place. At her feet, where her robe drapes the ground, lay a broken shackle and chains—a symbol of the abolishment of slavery.


Most people see the Statue of Liberty as a symbol of our welcoming immigrants and mistakenly assume that's what she was meant to represent. Indeed, the opening words of Emma Lazarus's poem engraved on a plaque at the Statue of Liberty—"Give me your tired, your poor, your huddled masses yearning to breathe free"—have long evoked images of immigrants arriving on our shores, seeking a better life in The American Dream.

But that plaque wasn't added to the statue until 1903, nearly two decades after the statue was unveiled. The original inspiration for the monument was emancipation, not immigration.

“The Statue of Liberty we now associate with immigration was a gift from France to commemorate the emancipation of American slaves. Before you lift your eyes to her torch of enlightenment, first pass them over the broken shackle and chains at her feet.”

According to a Washington Post interview with historian Edward Berenson, the concept of Lady Liberty originated when French anti-slavery activist—and huge fan of the United States' Constitution—Édouard de Laboulaye organized a meeting of other French abolitionists in Versailles in June 1865, just a few months after the American Civil War ended. "They talked about the idea of creating some kind of commemorative gift that would recognize the importance of the liberation of the slaves," Berenson said.

Laboulaye enlisted a sculptor, Frédéric-Auguste Bartholdi, to come up with ideas. One of the first models, circa 1870, had Lady Liberty holding the broken shackles and chains in her left hand. In the final iteration, her left hand wrapped around a tablet instead and the anti-slavery symbolism of the shackle and chain was moved to her feet.

Writer Robin Wright pondered in The New Yorker what Laboulaye would think of our country today. The America that is embroiled in yet another civil rights movement because we still can't seem to get the whole "liberty and justice for all" thing down pat. The America that spent the century after slavery enacting laws and policies specifically designed to keep Black Americans down, followed by decades of continued social, economic and political oppression. The America that sometimes does the right thing, but only after tireless activism manages to break through a ton of resistance to changing the racism-infused status quo.

The U.S. has juggled dichotomies and hypocrisies in our national identity from the very beginning. The same founding father who declared "that all men are created equal" enslaved more than 600 human beings in his lifetime. The same people who celebrated religious freedom forced their Christian faith on Native peoples. Our most celebrated history of "liberty" and "freedom" is inseparable from our country's violent subjugation of entire races and ethnicities, and yet we compartmentalize rather than acknowledge that two things can be equally true at the same time.

Every nation on earth has problematic history, but what makes the U.S. different is that our problematic history is also our proudest history. Our nation was founded during the heyday of the transatlantic slave trade on land that was already occupied. The profound and world-changing document on which our government was built is the same document that was used to legally protect and excuse the enslavement of Black people. The house in which the President of the United States sits today was built partially by enslaved people. The deadliest war we've ever fought was over the "right" to enslave Black people.

The truth is that blatant, violent racism was institutionalized from the very beginning of this country. For most of us, that truth has always been treated as a footnote rather than a feature in our history educations. Until we really reckon with the full truth of our history—which it seems like we are finally starting to do—we won't ever get to see the full measure of what our country could be.

In some ways, the evolution of the design of the Statue of Liberty—the moving of the broken shackle and chain from her hands to being half hidden beneath her robe, as well as the movement of our perception of her symbolism from abolition to immigration—is representative of how we've chosen to portray ourselves as a nation. We want people to think: Hey, look at our Declaration of Independence! See how we welcome immigrants! We're so great! (Oh, by the way, hereditary, race-based chattel slavery was a thing for longer than emancipation has been on our soil. And then there was the 100 years of Jim Crow. Not to mention how we've broken every promise made to Native Americans. And honestly, we haven't even been that nice to immigrants either). But look, independence and a nod to immigration! We're so great!

The thing is that we can be so great. The foundation of true liberty and justice for all, even with all its cracks, is still there. The vision in our founding documents was truly revolutionary. We just have to decide to actually build the country we claim to have built—one that truly lives up to the values and ideals it professes for all people.


This article first appeared on 07.07.20.