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Speaker 1: Welcome back to Playing Dirty Sports Scandals. I'm your host, Jay Harrison. I've had over twenty years of experience as a journalist and sportscaster, hosting a variety of ESPN shows from Sports Center to Outside the Lines. But on this podcast, I do less straight up commentary and more squeezing juice from the biggest sports scandals in history. That is, it's not easy to quench your thirst for the inside scoop. But hey, all in a day's work, right, I love my job. I love scooping and stirring up the facts to serve you a sensational story with some real depth. I'm a lucky guy. After all, only forty nine percent of Americans are satisfied with their job according to the Pew Research Center. And you know who I'm thinking really really didn't enjoy their job within that other fifty one percent, the jurors in the Marcus Dixon case. You remember where we left off in the last episode of Playing Dirty, right, eighteen year old black football sensation Marcus Dixon, who had believed himself to be on an unstoppable path to playing for the Vanderbilt Commodorees on a full scholarship, was instead fighting for his freedom in court after being accused by fifteen year old white sophomore Christie Brown of rape, and the prosecution, led by Floyd County DA John McClellan, had made some strong points for the jury's consideration. Christy was under the state age of consent, had bruising by all accounts, hadn't known Marcus well at all prior to the sexual act taking place on February ten, two thousand and three, and would arguably have been unlikely to lose her virginity during a janitorial shift in a worn down school trailer. Plus, Marcus had two prior incidents of sexual misbehavior on his record. He'd been suspended for exposing himself in a classroom in two thousand and one, and had shoved his hands down the pants of a fourteen year old girl after track practice in two thousand and two. For Marcus's defense, attorney David Bauser had also pulled out all the stops, countering each of the prosecution's points with valid reasons why the threshold necessary to constitute Marcus's guilt beyond a reasonable doubt had not been met. Christie's vaginal bruising could have been caused by rough consensual sex rather than rape. Her father was alleged to be racist and therefore could have manipulated a testimony, and just because Marcus had prior sexual defenses didn't necessarily mean that his behavior had progressed to rape. In fact, ninety seven percent of sex offenders don't repeat offend within three years. The jurors in Marcus Dixon's trial had an unenviable job because, regardless of plasolitical and social views, which vary and can be incredibly polarizing, one thing everyone can agree on is that at least one teenager in this tale was fated to receive the short end of the stick of justice. So we're back in the courtroom on May fourteenth, two thousand and three, waiting alongside the presiding Judge, Walter J. Matthews, to hear what the jury determined. The four person rose and announced that the jury found Marcus not guilty of rape, sexual battery, aggravated assault, and false imprisonment. Marcus, his family, and his legal team breathed an audible sigh of relief, but it was short lived because the four person continued saying the jury found Marcus Diixon guilty of both statutory rape and aggravated child molestation. Rape and statutory rape are very different charges. To be clear, Rape involves non consensual sex with a person who was otherwise legally able to consent, meaning that rape often requires the use of threats, fraud, or force. Statutory rape, on the other hand, involves sex with a person who was not able to legally consent because they are below the age of consent. So even if the sex is consensual, if a person under the legal age of consent is involved, the sex at constitutes statutory rape for the older participant. What the jury in the Marcus Dixon case ruled was that statutory rape had occurred due to Christie's age, but they believed the sex to be consensual. So what did these charges mean from Marcus. Well, Marcus was bound to be charged with statutory rape in any event due to the irrefutable fact that Christy was just too young to lawfully engage in sexual intercourse. She was a couple of weeks shy of her sixteenth birthday when the sex occurred, putting her under the legal age of consent for the state of Georgia. But given Marcus his age just two and a half years older, than Christy himself, and how close Christy was to her sixteenth birthday. The statutory rape charge would be a misdemeanor, and while a misdemeanor certainly isn't helpful to have on your record, it doesn't typically end football careers. In fact, based on a study that looked at the criminal records of NFL players from two thousand to two thousand and nine, about twenty four percent of players have been arrested at least once for a wide variety of reasons, and eighteen percent have a criminal record. But the aggravated child molestation charge, well, that would reshape Marcus Dixon's life. An agonizing week went by while Marcus waited to hear the judge's sentence. His legal team likely told him all of the potential outcomes. Even so, the shock when the sentence was announced, even for Marcus's highly experienced defense attorney, David Balzer, must have been profound. At sentencing, Judge Walter J. Matthews declared the minimum sentence for aggravated child molestation is ten years. In addition to the prison sentence, I am adding five years which may be served on probation. What this meant is that Marcus Dixon was not going to be on the gridiron at Vanderbilt. Marcus Dixon would spend the next ten years of his young life in prison, labeled a child sex offender. Now I need all of you to do me a favor. I need you to focus, like green juice guzzling level focus. Your personal thoughts about what did or did not happen between Marcus and Christie on February tenth, two thousand and three have to be put to one side for the moment. I know that this is very difficult. We're hardwired to latch onto our heartfelt, empathetic beliefs. A University of Virginia study conducted in two twenty thirteen all but confirm this. And of course, my request is especially tough here because the truth is always of the utmost importance. Of course it is. But the reality is that we are never going to know with one hundred percent certainty what happened between these two teenagers. The truth has proved elusive in the Marcus Dixon case now for more than two decades. So it's crucial to park personal speculation to focus on what we do know with certainty, And what we know is that at this point in the Marcus Dixon story, the scandal shifts away from what did or did not actually happen and instead moves to the actual sentence. The severity of Marcus Dixon's sentence was shocking even to the jurors who had found him guilty. In fact, almost immediately after his sentencing, five of the nine jurors from Marcus Dixon's trial actively and very publicly campaigned for his conviction to be dismiss and for the apparent loophole in Georgia's child protection laws to be changed. Juror Kathy Tippett said, I wanted to call his parents and tell them we had made a mistake. You see, the severity of the sentence was a consequence of Georgia's sentencing laws implemented in nineteen ninety five during a Law and order session led by then Governor Zell Miller. The legislation, known as the Seven Deadly Sins Law, imposed rigid sentencing guidelines for serious offenses, including a minimum ten year prison term for crimes like kidnapping, rape, aggravated sodomy, aggravated sexual battery, armed robbery, and of course, the more severe of the two charges that applied to Marcus Dixon aggravated child molestation. An immediate firestorm of controversy exploded around Marcus Dixon's scandalous sentence. The jury had unanimously declared that Marcus had not committed forcible rape. In other words, they did not believe Christie's story of a violent attack. So why then, would the law mandate Marcus pay such a harsh penalty for sex that a jury verdict said was consensual. Could that really have been the intent of the Georgia legislature when they passed the rules in nineteen ninety five. Marcus's defense attorney, David Balser, didn't think so, and he didn't miss a beat. An appeal was promptly filed to overturn Marcus's sentence. The first appeal failed, and so David Ballser pushed onwards, filing appeal for consideration by Georgia's Supreme Court, just as they had gathered the evening before his initial trial. Marcus Dixon's family and supporters, now including several prominent political leaders, participated in a large prayer meeting the night before his appeal to the Georgia Supreme Court. Among those present was Matt Towry, an American political analyst and Polster television commentator, attorney and former Georgia state legislator who actually helped craft the Child Protection Act of nineteen ninety five. This specific legislation used to sentence people convicted of aggravated child molestation. He said, the Marcus Dixon situation was not the intent of those laws. The law was designed to protect kids against really, really bad people doing very bad things. Matt tower stated, I still feel the responsibility so many years later that had turned out the way it did. Matt Towery has said again and again that when the law was written in nineteen ninety five, it was meant to strengthen laws against adult child molesters. The law was never meant to be used against teens engaging in consensual sex acts. Both the prosecution and the defense were allowed twenty minutes to make their case to the Georgia Supreme Court justices for or against an appeal of Marcus Dixon's sentence. Now keep in mind that the normal rules of court protocol are different in a supreme court, so this process was not like Marcus's previous trial. Justices are allowed to interrupt the attorneys on both sides with questions and are allowed to cut to the chase to get specific questions addressed. Defense attorney David Baser opened his appeal to the Georgia Supreme Court with a strong singular claim that Marcus's sentence constituted cruel and unusual punishment, since no other Georgia teenager had ever been prosecuted for child molestation under the new laws, and as we discussed in the last episode of Playing Dirty, Marcus certainly wasn't the first teenager to have sex without consideration for the law, a law which, let's face it, he may or may not have been aware of as an eighteen year old focused on football and grades. During David Baser's twenty minutes of the hearing, different judges naturally wanted different issues addressed and clarified. At one point, he was asked about how much leniency the lower court was allowed by law and sentencing. David Baalser answered that the District Attorney for the prosecution, John McClellan, did have the option of leniency, but chose to aggressively prosecute Marcus under the more serious of the two sentences. In other words, pursuing Marcus for felony aggravated child molestation instead of misdemeanor statutory rape. Marcus's attorney went on to assert that it was inconsistent with Georgia legal precedent and that the prosecution pursuing Marcus for aggravated child molestation had left the judge with no choice but to levy the ten year sentence per George's nineteen ninety five seven Deadly Sins law. In determining whether a sentence is cruel and unusual, what you have to do is look at society's view of the conduct at issue here. David Baser exclaimed near the end of his time before the court, the ten year sentence imposed on Marcus Dixon in this case for engaging in non rape sexual intercourse between an eighteen year old and a fifteen and a half year old so deviates from society's view of this conduct and so shocks the conscience that the court should reverse the decision and find that the punishment has applied on the facts of this case violates the constitutional prohibitions against cruel and unusual punishment, and with that, Marcus Dixon's attorney rested, waiting to hear how the prosecution would counter but before Floyd District Attorney John McClellan even reached the podium for his statement, one Justice began her questioning, let me ask you this question before you even get started. Does the state contend that this defended, if there had been no injury, could have been charged with and convicted of child molestation? Yes, your honor, replied John McClellan. There is nothing that would have prevented him from being charged with or convicted of child molestation. So anytime there is consensual sex between teenagers who fall within the right legal parameters, there is the possibility that one or both could be charged with child molestation. The Justice push for clarity. Yes, your honor, replied John McLellan. The female justice was increasingly incredulous. So even if she were fifteen and a half and he were sixteen and a half, you could have charged him with cheam was There is absolutely nothing in the child molestation statute that would have restricted the state's rights to charge him with child molestation, replied John McClellan. At this point, for most people in attendance at the appeal, the prosecution's logic beggared belief. The Justice continued to pursue John McClellan for some semblance of sense. So if a seventeen year old is with a fifteen and a half year old, or maybe she's two or three days away from turning sixteen, and they're petting, and the parents come in and find them, he could be charged with child molestation, she asked, Yes, your honor, replied John McLellan. And then a final question from the persistent astounded justice. What if there is some pressure applied and there are some bruises, he could receive ten years? Yes, your honor, under the way the current statute is written, he could, said John McClellan. In other words, beware of sending your kids to prom Apparently, given the wrong teenage or a hickey could land your child ten years behind bars under this law. Having turned heads with the unrelenting severity of the prosecution's approach to the Marcus Dixon case, John McClellan spent most of his twenty minutes in the Georgia's Supreme Court trying to defend his claim that Marcus's sentence was appropriate, arguing that there was some disagreement between jurors about whether Christy had in fact been raped, and while he admitted that the jury did, in fact, unanimously find Marcus not guilty of rape. John McClellan argued that because there had been some alleged disagreement between some jurists to arrive at that verdict, in his opinion, that opened the ethical door for the prosecution for him to ask for the harsher punishment. Wow, it's hard to watch down that statement from the prosecution. Huh. And if you think that you just cleansed your palette a little with at last sip, then think again, because I haven't even dished out the dash of hypocrisy yet. And John McClellan's final moments addressing the Georgia Supreme Court, he discussed how much leeway the courts had in sentencing Marcus Dixon or other people accused of crimes. He asserted that he had no choice but to prosecute Marcus Dixon for aggravated child molestation. Two of the justices couldn't hide their contempt. Have you ever plea bargained the case? One justice asked him sarcastically. Then the other justice, practically eye rolling, noted that the entire concept of plea bargaining something that John McLellan admitted to doing routinely is based on the notion of sentencing discretion. On Monday May third, two thousand and four, the High Court overturned the aggravated child molestation convicted against Marcus Dixon in a four to three ruling. In issuing the majority opinion, Chief Justice Norman Fletcher said that Marcus Dixon should have been punished only for the lesser crime, the misdemeanor of statutory rape, but since Marcus had already served a year in prison, he had served sufficient time for that crime. Chief Justice Norman Fletcher went on to say that lawmakers had clearly not intended the Child on the Station law to be used in cases like Marcus Dixon's, and that they had in fact acted in nineteen ninety six, just one year after passing the Seven Deadly Sins Law to lessen the penalties for sex between teenagers. The world shifted one hundred and eighty degrees for Marcus Dixon with his successful appeal. The jail warden called up to jones house with Marcus on the line, and Marcus said, Pops, I'm coming home. Ken Jones will remember the moment he got that call forever, recalling that Marcus started crying, and I started crying. The relief was palpable, and by that very same Monday evening, Marcus Dixon was home with his family. Now, being released from prison and returned to his family was a big win. But if Marcus expected a happily ever after immediately after his appeal, well, he was mistaken. First, Pepperrell High School formerly expelled Marcus with only one course short of graduation. This expulsion was a poignant reminder of the collateral damage he could anticipate from the past year of legal proceedings. While some people embraced him, his case had stirred up a powerful pot of prejudice that was now boiling over with a vengeance. Pepperoll High School was a Georgia institution, and at this point, local tensions were at a tipping point. Alvin Jackson, former president of the Rome Georgia chapter of the National Association for the Advancement of Colored People, said the case it churned up long hidden veins of racism that run through Rome. He warned Marcus to get far away from Rome and fast to start a new life. I don't think his chances are good here. It's not safe, Alvin Jackson said when Marcus goes somewhere else, gets a new start. People will support him, but it was hard for Marcus to know just where to go. Vanderbilt's scholarship offer was no longer on the table in his case. It ignited a powerful comparison to another hot buttoned political tale, resulting in widespread national dissonance. You see the Marcus Dixon case that played out in stark contrast to another man's sexual dalliance. Strom Thurmond strom Thurman was an American politician who represented South Carolina in the US Senate from nineteen fifty four until shortly before his death in two thousand and three. He's best known for conducting the longest speaking filibuster ever by a loan senator, at twenty four hours and eighteen minutes in length, in opposition to the Civil Rights Act of nineteen fifty seven. Basically, strom talked for over a day by himself in support of racial segregation. But just because he didn't want to associate with black people in public didn't stop him from impregnating Carrie Butler, his family's sixteen year old black maid, when he was twenty two years old. Strom Thurman paid Carrie's family hush money so that his taking advantage of a teenage black employee didn't interfere with his public image as he pursued a political career anyway. When strom Thurman's illegitimate daughter, s he May Washington Williams, born by Carrie Butler, was asked about what it transpired at her conception, she stressed that the South Carolina senator had magnanimously provided funds, and society accepted this, effectively labeling white man's strom Thurman a generous patriarch for paying for his sex with a black teenager, whereas in two thousand and three, by contrast, Marcus Dixon, a black man having sex with the white teenager, was labeled a editor as James E. McWilliams, a history teacher at Texas State University of San Marcos, wrote, when it comes to justice, Senator Thurman knew it as well as Marcus Dixon. Race still matters. For Thurman, it mattered to his benefit. Dixon, trapped by the tenacious grip of a pernicious stereotype, hasn't been so fortunate, and it seemed that Professor McWilliams was right. Marcus Dixon's case had become the key example. Of a disturbing pattern. Individuals of color often faced harsher repercussions harsher sentences than their Caucasian counterparts for similar allegations. But Marcus didn't want his future to be tied to his politically polarizing legal past or allegations of sexual predation. He didn't want to be a symbol. He was a two hundred and forty five pound nineteen year old who still had the same dream he'd had fifteen months earlier before his arrest. Marcus wanted to play football, and Vanderbilt no longer wanted him, so Kenon Perry Jones did what loving parents do, which is basically anything and everything they can think of to keep their child's dream alive. We started calling some of the schools who had shown an interest in Marcus earlier, Perry Jones said, and the Jones didn't stop making calls until they got a positive answer. At last, the coaches at Hampton University extended a scholarship offer to Marcus. Joe Taylor, the head coach of Hampton University, did his due diligence before extending the offer. A lot of people down in the Atlanta area called me about him, said he was a good kid, Taylor recalled, it was clear that despite his historic challenges, there were still people who believed in second chances and who had a desire to help Marcus advance to the next stage of his life. Hampton University is one of the top historically black universities in the world and sits right near the mouth of the Chesapeake Bay in Virginia. It is home to approximately three thousand students, offers more than one hundred different degree programs, and proved to be the perfect place for Marcus's next chapter. At then Division one A Hampton University, Marcus shown on the gridiron, he displayed the talent that once made him an elite recruit. Over four seasons, Marcus racked up one hundred and fifty four tackles in eleven and a half sacks. Under the guidance of his coach, Joe Taylor, Marcus reached new levels of physical excellence, contributing significantly to three MIAC championships. He even earned All Mid Eastern Athletic Conference honors in both his junior and senior seasons, a testament to his hard work and talent, Marcus never did outrun the media interest in his story. Though. In twenty twelve, eight years after his release from jail, Marcus finally agreed to pear on one of the most influential platforms in America, the Oprah Winfrey Show. This appearance wasn't just another interview, It was a moment of profound reflection and recognition. On Oprah's show, Marcus opened up about his experience with a level of candor that resonated with millions. It's been ten years and it's behind me, he said, But Marcus Dixon has been accused of rape. For the rest of my life, that is going to be associated with my name, he acknowledged. This statement underscored the enduring impact of his conviction and the legal wrangling afterward, despite the sentencing injustice he had undeniably faced. Marcus spoke of forgiveness, a value instilled in him by his grandmother. To Oprah, my grandmother taught me at a young age you don't hold grudges. If you hold grudges, all you're doing is holding your life back, he shared. Oprah, with her characteristic empathy and insight, delved into the emotional and psychological impact these events had on Marcus and his family. Marcus his adoptive father, Ken Jones reflected on his son's resilience, expressing immense pride. Marcus is stronger than I am. I've always wanted my kids to grow up and be better than me, and he has. And that is a very touching statement from a p baron one that certainly resonated with TV viewers. But Oprah's interview, much like our podcast, Playing Dirty, was determined not to take sides. Balanced juice is the best for the system after all, So Oprah included Marcus's accuser, Christy Brown on her show too. How would time impacted Christy's view of what transpired on February tenth, two thousand and three, Well, it hadn't. Christy maintained that the sex was not consensual. She said that Marcus Dixon assaulted her. When Oprah pressed her, remarking that many people believed that the case would never have gone to court at all had been a white eighteen year old boy and a black fifteen year old girl, Christy defended her initial decision to come forward and accuse Marcus Dixon. That's not true, Christy told Oprah. It doesn't matter what color he is, it's his actions that make it wrong. This is why I told you to put your pers no speculation regarding what did or did not happen on February tenth, two thousand and three to one side, because we don't know. We can't know. Only Christian Marcus will ever know. So the only part of this story that we do know to be outrageous, to be scandalous, was the extremity of the legal sentence handed down to Marcus that was absolutely unjust because it was not commensurate with other defendant sentences for similar crimes. So what happened to Marcus Dixon who found himself at the center of an egregious sentencing scandal. Well, Despite his reputational baggage, the Dallas Cowboys saw potential in Marcus and signed him as an undrafted free agent on April twenty seventh, two thousand and eight, to a three year, one point one million dollar deal. I saw my name on a locker, M Dixon with the Dallas Cowboys. I had a big star on my helmet, I had my jersey hanging up, I had cleats and everything, and I was like, Wow, I'm in the NFL. Marcus recalled, overwhelmed by the realization of his dream. However, his time with the Dallas Cowboys was plagued by injuries, limiting his playing time and leading to his release in twenty ten. The New York Jets claimed him off waivers the very next day. Marcus found acceptance in the Jets organization, even with his past, maybe even in part because of it. One teammate, mart Scott expressed his admiration for Marcus, saying he showed a lot of resilience and character getting through all the legal challenges. Marcus himself has said the convictions in jail time made him realize that life is short and that nothing should be taken for granted. After a stint with the Jets, where he played in twenty two games, Marcus briefly joined the Kansas City Chiefs and the Tennessee Titans, but was released before the regular season began. He retired from professional football in April twenty fifteen, but Marcus wasn't finished with the NFL, not by a long shot. Players go on to coach after their playing career ends, and remember Marcus was an honors student. Those smarts come in awfully handy on the sidelines of a football game, and so after hanging up his cleats. Marcus Dixon turned his focus to coaching in twenty twelve. He began as a volunteer defensive line coach at Shorter University. His coaching ability was recognized early on, leading to a Bill Walsh Minority coaching fellowship with the Dallas Cowboys in twenty fifteen. The following year, Marcus joined Darlington School as an assistant football coach, where he managed the defensive line and tight ends. He got valuable coaching experience in both college and the pros. In twenty seventeen, Marcus returned to Hampton University, his alma mater, as the defensive line assistant football coach. His role expanded over the years, adding the responsibilities of director of player Development and recruiting coordinator. And then, while all of this coaching experience under his belt, Marcus joined the Los anet Angeles Rams as their assistant defensive line coach. He was back in the NFL on the other side of the gridiron. His role with the Rams led to a pinnacle moment in his career, winning his first Super Bowl championship when Los Angeles defeated Cincinnati in Super Bowl fifty six. At age eighteen, sitting in a Georgia prison, Marcus probably never imagined he'd one day have a Super Bowl ring all his own. In twenty twenty two, Marcus Dixon was hired by the Denver Broncos as the team's defensive line coach. In his first season, he made an immediate impact with the Broncos defense, ranking seventh in total defense and tenth in rushing defense in the league. His guidance was instrumental in the development of players like Draymont Jones, who achieved a team leading six and a half sacks in just thirteen games. Off the field, Marcus Dixon is now a devoted husband and father, married with three children. His personal life today reflects the stability and love that had been constance for him since he was twelve years old thanks to Ken and Perry Jones. Marcus Dixon's story is one of resilience, redemption, and the transformative power of sport. But it's also a cautionary tale about race and the legal system and how their intersection can destroy lives. Statistics compiled by the Innocence Project show a pattern of continued discrimination and disparity in the United States legal treatment and sentencing of black people. Innocent black people are seven times more likely to be wrongfully convicted of murder than innocent white people. It takes forty five percent longer to exonerate an innocent black person than an innocent white person, and police misconduct occurred in more than half of all wrongful murder conviction cases involving innocent black people. I've given you a lot to digest. Stay thirsty, people, and meet me your host, Jay Harris, back here for next week's episode of Playing Dirty Sports Scandals. Playing Dirty Sports Scandals is a production of Dan Patrick Productions, Never Ever Productions, and Workhouse Media from executive producers Dan Patrick, Paul Anderson, Nick Panella, Maya Glickman, and Jennifer Clary. Hosted by Jay Harris, Written and produced by Jen Brown, Francie Haiks, Maya Glickman, and Jennifer Clay,
Speaker 1: Welcome back to Playing Dirty Sports Scandals. I'm your host, Jay Harrison. I've had over twenty years of experience as a journalist and sportscaster, hosting a variety of ESPN shows from Sports Center to Outside the Lines. But on this podcast, I do less straight up commentary and more squeezing juice from the biggest sports scandals in history. That is, it's not easy to quench your thirst for the inside scoop. But hey, all in a day's work, right, I love my job. I love scooping and stirring up the facts to serve you a sensational story with some real depth. I'm a lucky guy. After all, only forty nine percent of Americans are satisfied with their job according to the Pew Research Center. And you know who I'm thinking really really didn't enjoy their job within that other fifty one percent, the jurors in the Marcus Dixon case. You remember where we left off in the last episode of Playing Dirty, right, eighteen year old black football sensation Marcus Dixon, who had believed himself to be on an unstoppable path to playing for the Vanderbilt Commodorees on a full scholarship, was instead fighting for his freedom in court after being accused by fifteen year old white sophomore Christie Brown of rape, and the prosecution, led by Floyd County DA John McClellan, had made some strong points for the jury's consideration. Christy was under the state age of consent, had bruising by all accounts, hadn't known Marcus well at all prior to the sexual act taking place on February ten, two thousand and three, and would arguably have been unlikely to lose her virginity during a janitorial shift in a worn down school trailer. Plus, Marcus had two prior incidents of sexual misbehavior on his record. He'd been suspended for exposing himself in a classroom in two thousand and one, and had shoved his hands down the pants of a fourteen year old girl after track practice in two thousand and two. For Marcus's defense, attorney David Bauser had also pulled out all the stops, countering each of the prosecution's points with valid reasons why the threshold necessary to constitute Marcus's guilt beyond a reasonable doubt had not been met. Christie's vaginal bruising could have been caused by rough consensual sex rather than rape. Her father was alleged to be racist and therefore could have manipulated a testimony, and just because Marcus had prior sexual defenses didn't necessarily mean that his behavior had progressed to rape. In fact, ninety seven percent of sex offenders don't repeat offend within three years. The jurors in Marcus Dixon's trial had an unenviable job because, regardless of plasolitical and social views, which vary and can be incredibly polarizing, one thing everyone can agree on is that at least one teenager in this tale was fated to receive the short end of the stick of justice. So we're back in the courtroom on May fourteenth, two thousand and three, waiting alongside the presiding Judge, Walter J. Matthews, to hear what the jury determined. The four person rose and announced that the jury found Marcus not guilty of rape, sexual battery, aggravated assault, and false imprisonment. Marcus, his family, and his legal team breathed an audible sigh of relief, but it was short lived because the four person continued saying the jury found Marcus Diixon guilty of both statutory rape and aggravated child molestation. Rape and statutory rape are very different charges. To be clear, Rape involves non consensual sex with a person who was otherwise legally able to consent, meaning that rape often requires the use of threats, fraud, or force. Statutory rape, on the other hand, involves sex with a person who was not able to legally consent because they are below the age of consent. So even if the sex is consensual, if a person under the legal age of consent is involved, the sex at constitutes statutory rape for the older participant. What the jury in the Marcus Dixon case ruled was that statutory rape had occurred due to Christie's age, but they believed the sex to be consensual. So what did these charges mean from Marcus. Well, Marcus was bound to be charged with statutory rape in any event due to the irrefutable fact that Christy was just too young to lawfully engage in sexual intercourse. She was a couple of weeks shy of her sixteenth birthday when the sex occurred, putting her under the legal age of consent for the state of Georgia. But given Marcus his age just two and a half years older, than Christy himself, and how close Christy was to her sixteenth birthday. The statutory rape charge would be a misdemeanor, and while a misdemeanor certainly isn't helpful to have on your record, it doesn't typically end football careers. In fact, based on a study that looked at the criminal records of NFL players from two thousand to two thousand and nine, about twenty four percent of players have been arrested at least once for a wide variety of reasons, and eighteen percent have a criminal record. But the aggravated child molestation charge, well, that would reshape Marcus Dixon's life. An agonizing week went by while Marcus waited to hear the judge's sentence. His legal team likely told him all of the potential outcomes. Even so, the shock when the sentence was announced, even for Marcus's highly experienced defense attorney, David Balzer, must have been profound. At sentencing, Judge Walter J. Matthews declared the minimum sentence for aggravated child molestation is ten years. In addition to the prison sentence, I am adding five years which may be served on probation. What this meant is that Marcus Dixon was not going to be on the gridiron at Vanderbilt. Marcus Dixon would spend the next ten years of his young life in prison, labeled a child sex offender. Now I need all of you to do me a favor. I need you to focus, like green juice guzzling level focus. Your personal thoughts about what did or did not happen between Marcus and Christie on February tenth, two thousand and three have to be put to one side for the moment. I know that this is very difficult. We're hardwired to latch onto our heartfelt, empathetic beliefs. A University of Virginia study conducted in two twenty thirteen all but confirm this. And of course, my request is especially tough here because the truth is always of the utmost importance. Of course it is. But the reality is that we are never going to know with one hundred percent certainty what happened between these two teenagers. The truth has proved elusive in the Marcus Dixon case now for more than two decades. So it's crucial to park personal speculation to focus on what we do know with certainty, And what we know is that at this point in the Marcus Dixon story, the scandal shifts away from what did or did not actually happen and instead moves to the actual sentence. The severity of Marcus Dixon's sentence was shocking even to the jurors who had found him guilty. In fact, almost immediately after his sentencing, five of the nine jurors from Marcus Dixon's trial actively and very publicly campaigned for his conviction to be dismiss and for the apparent loophole in Georgia's child protection laws to be changed. Juror Kathy Tippett said, I wanted to call his parents and tell them we had made a mistake. You see, the severity of the sentence was a consequence of Georgia's sentencing laws implemented in nineteen ninety five during a Law and order session led by then Governor Zell Miller. The legislation, known as the Seven Deadly Sins Law, imposed rigid sentencing guidelines for serious offenses, including a minimum ten year prison term for crimes like kidnapping, rape, aggravated sodomy, aggravated sexual battery, armed robbery, and of course, the more severe of the two charges that applied to Marcus Dixon aggravated child molestation. An immediate firestorm of controversy exploded around Marcus Dixon's scandalous sentence. The jury had unanimously declared that Marcus had not committed forcible rape. In other words, they did not believe Christie's story of a violent attack. So why then, would the law mandate Marcus pay such a harsh penalty for sex that a jury verdict said was consensual. Could that really have been the intent of the Georgia legislature when they passed the rules in nineteen ninety five. Marcus's defense attorney, David Balser, didn't think so, and he didn't miss a beat. An appeal was promptly filed to overturn Marcus's sentence. The first appeal failed, and so David Ballser pushed onwards, filing appeal for consideration by Georgia's Supreme Court, just as they had gathered the evening before his initial trial. Marcus Dixon's family and supporters, now including several prominent political leaders, participated in a large prayer meeting the night before his appeal to the Georgia Supreme Court. Among those present was Matt Towry, an American political analyst and Polster television commentator, attorney and former Georgia state legislator who actually helped craft the Child Protection Act of nineteen ninety five. This specific legislation used to sentence people convicted of aggravated child molestation. He said, the Marcus Dixon situation was not the intent of those laws. The law was designed to protect kids against really, really bad people doing very bad things. Matt tower stated, I still feel the responsibility so many years later that had turned out the way it did. Matt Towery has said again and again that when the law was written in nineteen ninety five, it was meant to strengthen laws against adult child molesters. The law was never meant to be used against teens engaging in consensual sex acts. Both the prosecution and the defense were allowed twenty minutes to make their case to the Georgia Supreme Court justices for or against an appeal of Marcus Dixon's sentence. Now keep in mind that the normal rules of court protocol are different in a supreme court, so this process was not like Marcus's previous trial. Justices are allowed to interrupt the attorneys on both sides with questions and are allowed to cut to the chase to get specific questions addressed. Defense attorney David Baser opened his appeal to the Georgia Supreme Court with a strong singular claim that Marcus's sentence constituted cruel and unusual punishment, since no other Georgia teenager had ever been prosecuted for child molestation under the new laws, and as we discussed in the last episode of Playing Dirty, Marcus certainly wasn't the first teenager to have sex without consideration for the law, a law which, let's face it, he may or may not have been aware of as an eighteen year old focused on football and grades. During David Baser's twenty minutes of the hearing, different judges naturally wanted different issues addressed and clarified. At one point, he was asked about how much leniency the lower court was allowed by law and sentencing. David Baalser answered that the District Attorney for the prosecution, John McClellan, did have the option of leniency, but chose to aggressively prosecute Marcus under the more serious of the two sentences. In other words, pursuing Marcus for felony aggravated child molestation instead of misdemeanor statutory rape. Marcus's attorney went on to assert that it was inconsistent with Georgia legal precedent and that the prosecution pursuing Marcus for aggravated child molestation had left the judge with no choice but to levy the ten year sentence per George's nineteen ninety five seven Deadly Sins law. In determining whether a sentence is cruel and unusual, what you have to do is look at society's view of the conduct at issue here. David Baser exclaimed near the end of his time before the court, the ten year sentence imposed on Marcus Dixon in this case for engaging in non rape sexual intercourse between an eighteen year old and a fifteen and a half year old so deviates from society's view of this conduct and so shocks the conscience that the court should reverse the decision and find that the punishment has applied on the facts of this case violates the constitutional prohibitions against cruel and unusual punishment, and with that, Marcus Dixon's attorney rested, waiting to hear how the prosecution would counter but before Floyd District Attorney John McClellan even reached the podium for his statement, one Justice began her questioning, let me ask you this question before you even get started. Does the state contend that this defended, if there had been no injury, could have been charged with and convicted of child molestation? Yes, your honor, replied John McClellan. There is nothing that would have prevented him from being charged with or convicted of child molestation. So anytime there is consensual sex between teenagers who fall within the right legal parameters, there is the possibility that one or both could be charged with child molestation. The Justice push for clarity. Yes, your honor, replied John McLellan. The female justice was increasingly incredulous. So even if she were fifteen and a half and he were sixteen and a half, you could have charged him with cheam was There is absolutely nothing in the child molestation statute that would have restricted the state's rights to charge him with child molestation, replied John McClellan. At this point, for most people in attendance at the appeal, the prosecution's logic beggared belief. The Justice continued to pursue John McClellan for some semblance of sense. So if a seventeen year old is with a fifteen and a half year old, or maybe she's two or three days away from turning sixteen, and they're petting, and the parents come in and find them, he could be charged with child molestation, she asked, Yes, your honor, replied John McLellan. And then a final question from the persistent astounded justice. What if there is some pressure applied and there are some bruises, he could receive ten years? Yes, your honor, under the way the current statute is written, he could, said John McClellan. In other words, beware of sending your kids to prom Apparently, given the wrong teenage or a hickey could land your child ten years behind bars under this law. Having turned heads with the unrelenting severity of the prosecution's approach to the Marcus Dixon case, John McClellan spent most of his twenty minutes in the Georgia's Supreme Court trying to defend his claim that Marcus's sentence was appropriate, arguing that there was some disagreement between jurors about whether Christy had in fact been raped, and while he admitted that the jury did, in fact, unanimously find Marcus not guilty of rape. John McClellan argued that because there had been some alleged disagreement between some jurists to arrive at that verdict, in his opinion, that opened the ethical door for the prosecution for him to ask for the harsher punishment. Wow, it's hard to watch down that statement from the prosecution. Huh. And if you think that you just cleansed your palette a little with at last sip, then think again, because I haven't even dished out the dash of hypocrisy yet. And John McClellan's final moments addressing the Georgia Supreme Court, he discussed how much leeway the courts had in sentencing Marcus Dixon or other people accused of crimes. He asserted that he had no choice but to prosecute Marcus Dixon for aggravated child molestation. Two of the justices couldn't hide their contempt. Have you ever plea bargained the case? One justice asked him sarcastically. Then the other justice, practically eye rolling, noted that the entire concept of plea bargaining something that John McLellan admitted to doing routinely is based on the notion of sentencing discretion. On Monday May third, two thousand and four, the High Court overturned the aggravated child molestation convicted against Marcus Dixon in a four to three ruling. In issuing the majority opinion, Chief Justice Norman Fletcher said that Marcus Dixon should have been punished only for the lesser crime, the misdemeanor of statutory rape, but since Marcus had already served a year in prison, he had served sufficient time for that crime. Chief Justice Norman Fletcher went on to say that lawmakers had clearly not intended the Child on the Station law to be used in cases like Marcus Dixon's, and that they had in fact acted in nineteen ninety six, just one year after passing the Seven Deadly Sins Law to lessen the penalties for sex between teenagers. The world shifted one hundred and eighty degrees for Marcus Dixon with his successful appeal. The jail warden called up to jones house with Marcus on the line, and Marcus said, Pops, I'm coming home. Ken Jones will remember the moment he got that call forever, recalling that Marcus started crying, and I started crying. The relief was palpable, and by that very same Monday evening, Marcus Dixon was home with his family. Now, being released from prison and returned to his family was a big win. But if Marcus expected a happily ever after immediately after his appeal, well, he was mistaken. First, Pepperrell High School formerly expelled Marcus with only one course short of graduation. This expulsion was a poignant reminder of the collateral damage he could anticipate from the past year of legal proceedings. While some people embraced him, his case had stirred up a powerful pot of prejudice that was now boiling over with a vengeance. Pepperoll High School was a Georgia institution, and at this point, local tensions were at a tipping point. Alvin Jackson, former president of the Rome Georgia chapter of the National Association for the Advancement of Colored People, said the case it churned up long hidden veins of racism that run through Rome. He warned Marcus to get far away from Rome and fast to start a new life. I don't think his chances are good here. It's not safe, Alvin Jackson said when Marcus goes somewhere else, gets a new start. People will support him, but it was hard for Marcus to know just where to go. Vanderbilt's scholarship offer was no longer on the table in his case. It ignited a powerful comparison to another hot buttoned political tale, resulting in widespread national dissonance. You see the Marcus Dixon case that played out in stark contrast to another man's sexual dalliance. Strom Thurmond strom Thurman was an American politician who represented South Carolina in the US Senate from nineteen fifty four until shortly before his death in two thousand and three. He's best known for conducting the longest speaking filibuster ever by a loan senator, at twenty four hours and eighteen minutes in length, in opposition to the Civil Rights Act of nineteen fifty seven. Basically, strom talked for over a day by himself in support of racial segregation. But just because he didn't want to associate with black people in public didn't stop him from impregnating Carrie Butler, his family's sixteen year old black maid, when he was twenty two years old. Strom Thurman paid Carrie's family hush money so that his taking advantage of a teenage black employee didn't interfere with his public image as he pursued a political career anyway. When strom Thurman's illegitimate daughter, s he May Washington Williams, born by Carrie Butler, was asked about what it transpired at her conception, she stressed that the South Carolina senator had magnanimously provided funds, and society accepted this, effectively labeling white man's strom Thurman a generous patriarch for paying for his sex with a black teenager, whereas in two thousand and three, by contrast, Marcus Dixon, a black man having sex with the white teenager, was labeled a editor as James E. McWilliams, a history teacher at Texas State University of San Marcos, wrote, when it comes to justice, Senator Thurman knew it as well as Marcus Dixon. Race still matters. For Thurman, it mattered to his benefit. Dixon, trapped by the tenacious grip of a pernicious stereotype, hasn't been so fortunate, and it seemed that Professor McWilliams was right. Marcus Dixon's case had become the key example. Of a disturbing pattern. Individuals of color often faced harsher repercussions harsher sentences than their Caucasian counterparts for similar allegations. But Marcus didn't want his future to be tied to his politically polarizing legal past or allegations of sexual predation. He didn't want to be a symbol. He was a two hundred and forty five pound nineteen year old who still had the same dream he'd had fifteen months earlier before his arrest. Marcus wanted to play football, and Vanderbilt no longer wanted him, so Kenon Perry Jones did what loving parents do, which is basically anything and everything they can think of to keep their child's dream alive. We started calling some of the schools who had shown an interest in Marcus earlier, Perry Jones said, and the Jones didn't stop making calls until they got a positive answer. At last, the coaches at Hampton University extended a scholarship offer to Marcus. Joe Taylor, the head coach of Hampton University, did his due diligence before extending the offer. A lot of people down in the Atlanta area called me about him, said he was a good kid, Taylor recalled, it was clear that despite his historic challenges, there were still people who believed in second chances and who had a desire to help Marcus advance to the next stage of his life. Hampton University is one of the top historically black universities in the world and sits right near the mouth of the Chesapeake Bay in Virginia. It is home to approximately three thousand students, offers more than one hundred different degree programs, and proved to be the perfect place for Marcus's next chapter. At then Division one A Hampton University, Marcus shown on the gridiron, he displayed the talent that once made him an elite recruit. Over four seasons, Marcus racked up one hundred and fifty four tackles in eleven and a half sacks. Under the guidance of his coach, Joe Taylor, Marcus reached new levels of physical excellence, contributing significantly to three MIAC championships. He even earned All Mid Eastern Athletic Conference honors in both his junior and senior seasons, a testament to his hard work and talent, Marcus never did outrun the media interest in his story. Though. In twenty twelve, eight years after his release from jail, Marcus finally agreed to pear on one of the most influential platforms in America, the Oprah Winfrey Show. This appearance wasn't just another interview, It was a moment of profound reflection and recognition. On Oprah's show, Marcus opened up about his experience with a level of candor that resonated with millions. It's been ten years and it's behind me, he said, But Marcus Dixon has been accused of rape. For the rest of my life, that is going to be associated with my name, he acknowledged. This statement underscored the enduring impact of his conviction and the legal wrangling afterward, despite the sentencing injustice he had undeniably faced. Marcus spoke of forgiveness, a value instilled in him by his grandmother. To Oprah, my grandmother taught me at a young age you don't hold grudges. If you hold grudges, all you're doing is holding your life back, he shared. Oprah, with her characteristic empathy and insight, delved into the emotional and psychological impact these events had on Marcus and his family. Marcus his adoptive father, Ken Jones reflected on his son's resilience, expressing immense pride. Marcus is stronger than I am. I've always wanted my kids to grow up and be better than me, and he has. And that is a very touching statement from a p baron one that certainly resonated with TV viewers. But Oprah's interview, much like our podcast, Playing Dirty, was determined not to take sides. Balanced juice is the best for the system after all, So Oprah included Marcus's accuser, Christy Brown on her show too. How would time impacted Christy's view of what transpired on February tenth, two thousand and three, Well, it hadn't. Christy maintained that the sex was not consensual. She said that Marcus Dixon assaulted her. When Oprah pressed her, remarking that many people believed that the case would never have gone to court at all had been a white eighteen year old boy and a black fifteen year old girl, Christy defended her initial decision to come forward and accuse Marcus Dixon. That's not true, Christy told Oprah. It doesn't matter what color he is, it's his actions that make it wrong. This is why I told you to put your pers no speculation regarding what did or did not happen on February tenth, two thousand and three to one side, because we don't know. We can't know. Only Christian Marcus will ever know. So the only part of this story that we do know to be outrageous, to be scandalous, was the extremity of the legal sentence handed down to Marcus that was absolutely unjust because it was not commensurate with other defendant sentences for similar crimes. So what happened to Marcus Dixon who found himself at the center of an egregious sentencing scandal. Well, Despite his reputational baggage, the Dallas Cowboys saw potential in Marcus and signed him as an undrafted free agent on April twenty seventh, two thousand and eight, to a three year, one point one million dollar deal. I saw my name on a locker, M Dixon with the Dallas Cowboys. I had a big star on my helmet, I had my jersey hanging up, I had cleats and everything, and I was like, Wow, I'm in the NFL. Marcus recalled, overwhelmed by the realization of his dream. However, his time with the Dallas Cowboys was plagued by injuries, limiting his playing time and leading to his release in twenty ten. The New York Jets claimed him off waivers the very next day. Marcus found acceptance in the Jets organization, even with his past, maybe even in part because of it. One teammate, mart Scott expressed his admiration for Marcus, saying he showed a lot of resilience and character getting through all the legal challenges. Marcus himself has said the convictions in jail time made him realize that life is short and that nothing should be taken for granted. After a stint with the Jets, where he played in twenty two games, Marcus briefly joined the Kansas City Chiefs and the Tennessee Titans, but was released before the regular season began. He retired from professional football in April twenty fifteen, but Marcus wasn't finished with the NFL, not by a long shot. Players go on to coach after their playing career ends, and remember Marcus was an honors student. Those smarts come in awfully handy on the sidelines of a football game, and so after hanging up his cleats. Marcus Dixon turned his focus to coaching in twenty twelve. He began as a volunteer defensive line coach at Shorter University. His coaching ability was recognized early on, leading to a Bill Walsh Minority coaching fellowship with the Dallas Cowboys in twenty fifteen. The following year, Marcus joined Darlington School as an assistant football coach, where he managed the defensive line and tight ends. He got valuable coaching experience in both college and the pros. In twenty seventeen, Marcus returned to Hampton University, his alma mater, as the defensive line assistant football coach. His role expanded over the years, adding the responsibilities of director of player Development and recruiting coordinator. And then, while all of this coaching experience under his belt, Marcus joined the Los anet Angeles Rams as their assistant defensive line coach. He was back in the NFL on the other side of the gridiron. His role with the Rams led to a pinnacle moment in his career, winning his first Super Bowl championship when Los Angeles defeated Cincinnati in Super Bowl fifty six. At age eighteen, sitting in a Georgia prison, Marcus probably never imagined he'd one day have a Super Bowl ring all his own. In twenty twenty two, Marcus Dixon was hired by the Denver Broncos as the team's defensive line coach. In his first season, he made an immediate impact with the Broncos defense, ranking seventh in total defense and tenth in rushing defense in the league. His guidance was instrumental in the development of players like Draymont Jones, who achieved a team leading six and a half sacks in just thirteen games. Off the field, Marcus Dixon is now a devoted husband and father, married with three children. His personal life today reflects the stability and love that had been constance for him since he was twelve years old thanks to Ken and Perry Jones. Marcus Dixon's story is one of resilience, redemption, and the transformative power of sport. But it's also a cautionary tale about race and the legal system and how their intersection can destroy lives. Statistics compiled by the Innocence Project show a pattern of continued discrimination and disparity in the United States legal treatment and sentencing of black people. Innocent black people are seven times more likely to be wrongfully convicted of murder than innocent white people. It takes forty five percent longer to exonerate an innocent black person than an innocent white person, and police misconduct occurred in more than half of all wrongful murder conviction cases involving innocent black people. I've given you a lot to digest. Stay thirsty, people, and meet me your host, Jay Harris, back here for next week's episode of Playing Dirty Sports Scandals. Playing Dirty Sports Scandals is a production of Dan Patrick Productions, Never Ever Productions, and Workhouse Media from executive producers Dan Patrick, Paul Anderson, Nick Panella, Maya Glickman, and Jennifer Clary. Hosted by Jay Harris, Written and produced by Jen Brown, Francie Haiks, Maya Glickman, and Jennifer Clay,
