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Welcome back to the Path with Chili
for part two of our series about the

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murders of Harold and Thelma Swain.
So now let's dive right back into what

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we were discussing and getting back to
Vanzola Williams. Like when she first looked

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at the photograph, she failed to
identify Perry, but then she changes her

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mind and says, oh, now
that I look at his photo, that

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might be the guy I saw,
even though by this point nearly fifteen years

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have passed, so her memory is
obviously going to be more hazy and lo

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and behold. When they had a
pre trial hearing, like Vanzola in her

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initial statement did not discribe the killer
as wearing glasses, but then she suddenly

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changes her mind and then says that, oh, yeah, I remember him

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wearing glasses. So it's kind of
those things where she's not being nefarious,

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but you're kind of thinking that she's
suffering from confirmation bias because police have told

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her that, well, we think
this guy's the killer, and we think

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he wore glasses. At the time, she's thinking to herself, well,

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maybe I misremembered things and I really
did see this guy and he was wearing

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glasses, and unfortunately this became the
primary evidence and led to Dennis being charged

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with murder. That's super frustrating because
you've got situations where you're showing one picture,

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which is not protocol. There's typically
like what like six or eight photos,

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And I've heard of investigators using like
a photo where it's closer up,

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or there's one color photo and the
rest are black and white. Things like

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that where maybe they're subconsciously doing it
right, they're trying to make it so

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that the witness picks that person out, but maybe they don't realize that they're

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doing it. But you can't really
excuse me way Bundy's methods here. He

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knows better that isn't the way that
it's done, and it wasn't done that

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way in nineteen eighty five either,
So he has no excuse. And when

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you got one witness that's on the
ground after an accident and you're bothering her

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with questions about this cold case,
you couldn't wait until after she got the

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care that she needed at a hospital. Just it's just like his lack of

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self awareness is just I'm baffled,
exactly. And just so when you think

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that this guy was supposed to be
a specialist, Like they used money to

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bring him in to solve cases like
this, and he's using like all these

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terrible methods. And then you make
a comparison to the original investigator, Joe

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Gregory with the Georgia Bureau of Investigation, who was no longer at the case

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at this point, but like we
said, he did a throw check into

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Dennis Perry's alibi. He cleared him
as a suspect. And it's pretty crazy

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to think that Gregory would later testify
at the trial, and he also make

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remarks to the newspapers after Dennis Perry's
conviction where he flat out said this guy

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did not do it. The wrong
guy is in prison right now. And

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it's very rare to see this conflict
between different investigators on a case where one

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of them is certain they've got the
right guy and that they've solved the case,

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but one of the previous investigators is
saying is willing to publicly say they've

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screwed this up in a big way
and they've gotten the wrong guy. Wow,

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it's just across the board. I'm
like you, I'm not usually shocked

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with these cases, but this one
is, like, it's mind boggling.

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I don't even know how the investigators
could have behaved the way that they behaved

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here, and how this could have
even happened, how Dennis Perry could have

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been brought up on charges. I'm
just pulling my hair out. And what's

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even worse is that after Dennis was
charged with two counts of a first degree

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murder, he was offered a plea
deal in which he could plead guilty to

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two charges a voluntary manslader, and
in exchange he would only receive a twelve

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year prison sentence, which all thinkings
considered that this was a cold blooded murder

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in which he walked into a church
and shot to innocent peace people, that

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would be a pretty good deal if
he was guilty, But nonetheless, Dennis

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still turned it down, saying I
did not commit this crime. I want

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to go to trial. And it's
always a red flag when they offer such

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light senses to people who commit murders, which makes you think the evidence against

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them must not be that strong.
So they really just are hoping that it'll

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take a plea deal and we can
count this as a win and we can

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just brush it under the rug and
never have to refer to it again.

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It's sort of like with the West
Memphis three, Right, It's like,

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oh, so you're just gonna let
three quote child murderers out. It's like,

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you know that you don't have enough
evidence to hold them and eventually they're

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going to have to be let go
and then they're going to be able to

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sue the States. So the way
that they went about it, they protected

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themselves so that they couldn't be suedents
so that they wouldn't have to pay out

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the money that they likely should have. And in this case, you're offering

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six years a piece for a cold
blood and murder that was premeditated. I'm

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shocked that they would offer that,
Like they knew there was a lot of

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holes in the case, or there
was a lot of questions surrounding certain methods

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of investigators, Bundy or I don't
know what the district attorney was thinking,

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but they probably looked at everything that
was available and went, well, you

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know, maybe we could convince a
jury, maybe not, but it might

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be smart to plead this out exactly
because the only real evidence they had was

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Jane Biever's testimony, and we know
she had credibility issues. He had the

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eyewitness accounts from Cora Fisher and Banzola
Williams. But we know that sometimes eyewitnesses

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are not reliable. But there was
no actual physical evidence placing Perry at the

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murder scene, and I guess all
else he had was his alleged confession,

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which there was no recording of,
there was no notes of. So I

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can definitely see the district attorney thinking, well, it's kind of a crapshoot

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if we're going to get a guilty
verdict, so let's offer him a plead

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deal and hope he takes it and
then we don't have to take this to

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trial. Yeah, that just sounds
like an incredibly light sentence. The fact

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that, like you said, it's
always suspicious when they're going to offer a

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very light sentence for murder one.
This is not manslaughter, So yeah,

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I think they're showing their hand there. And another big issue is that a

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lot of the evidence, the physical
evidence which was available, had been lost

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in the past fifteen years since the
murder took place. We already talked about

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how the glasses had gone missing and
how this could have been used to exonerate

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Perry because he had twenty twenty vision. He didn't have to wear glasses,

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so there's no reason for them for
him to have worn them to the murder

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scene. So I think like the
prosecution tried pushing away from them, saying

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that well, maybe the glasses were
left there at a previous time by someone

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else who entered the church and they
did not actually belong to the killer.

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And there was another piece of evidence
was the phone box that the killer had

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used to disconnect the phone lines before
they went in. They thought, well,

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maybe there's fingerprints on there, and
if they don't match Dennis, then

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that will exonerate them. But the
phone box also conveniently went missing. They

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didn't preserve some evidence, but it's
awfully convenient that the stuff that could have

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proved that Dennis was not the killer
just seemed to go missing before the trial

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happened. That seems incredibly convenient,
especially when we look at the methods the

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Bundy used. I mean, I
don't know what this district attorney was like,

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or what the other investigators were like, but I think we can definitely

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call into question maybe they just conveniently
lost certain items because it could prove that

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their suspect that they're taking to trial
here for murder didn't actually do this.

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Well. The good news is that
the most important piece of evidence that was

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preserved were a pair of hairs that
had been found in the hinges of the

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killer's glasses, and they did testing
on this and the hares did not actually

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match Dennis Perry, which should have
been good news for the defense, but

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they made kind of a crucial mistake
with their strategy because you'll remember Donnie Berenine,

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the alternate suspect. They did DNA
testing for him as well, and

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the hares did not match him either, and this was kind of bad news

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from the defense because they were planning, as part of their strategy, was

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hoping to point towards Barentine as an
alternate suspect. But the police actually offered

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Barentine immunity from prosecution if he would
testify at the trial and deny his involvement

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in the murders. And the thing
was, if the defense brought up the

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DNA results at the trial, they
would have to acknowledge that they didn't match

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Barentine, and that would go against
their strategy at pointing towards Barentine as an

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alternate suspect. So I've read the
trial transcripts and the only time that the

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defense mentioned that the hairs did not
match Dennis Perry was during the opening statement.

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But they didn't mention the DNA testing
or the hairs for the rest of

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the trial because then they would have
had to admit in open court that they

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did not match Donny Bearantine either.
What year was the trial again, it

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was in two thousand, when DNA
profiling was not as big a piece of

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evidence in criminal investigations as it is
now. And Ret Trepe I think they

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should have put a lot more focus
on the DNA and the hairs because they

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don't have to prove who the real
killer is. They just have to prove

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to a jury that Dennis Perry did
not do this. But because they focus

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so much on Barentine, they downplayed
the U, the DNA testing, and

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the hairs even though disproved that Dennis
did not do it. Yeah, given

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the same evidence today, it would
have been I mean, they wouldn't bring

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charges, but say that they did. It would have been a completely different

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strategy by the defense attorney. I'm
sure that they would have hammered home that

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DNA because of the CSI effect.
That's what juries want to see. You

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want to see good circumstantial evidence and
good forensic evidence, and I think you've

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got both to prove that he didn't
do this. The fact that they only

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mentioned it in opening arguments, they
didn't mention it during their clothes or anytime

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throughout the trial is shocking exactly.
Like that's what we always say about defense,

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is that all you have to do
is generate reasonable doubt. You don't

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have to prove to a jury who
actually he was the real killer. And

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they kind of made a mistake there, which is because they wanted to focus

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so much on Barentine. But the
situation with Barentine was similar because he had

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time cards showing that he was working
until three point thirty on the day of

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the crime, and well, he
theoretically could have made it all the way

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from Florida to Camden County, Georgia
within that window of five hours. It

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still would have been a tight timeline. So they should have put a lot

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more focus on the fact that,
hey, our guy was working that day

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and he couldn't have driven that time
frame within four hours to commit the murders.

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But unfortunately they just kind of used
the wrong strategy and focused on the

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wrong guy. They got tunnel vision
as well. I think so yeah,

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because they were so certain that Barentine
was the killer, even though in retrospect

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it looks like he was a major
red herring. And speaking of which,

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like I mentioned earlier, that when
Joe Gregory looked at Perry as a suss

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back back in the nineteen eighties,
he talked to his foreman at the construction

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company he worked out Atlanta and said
that he was working till this time.

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There's no way he could have made
it to Camden County during this timeframe.

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But unfortunately, by the time the
trial happened, this construction company had closed

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down, so they didn't have any
records or time cards which proved that Dennis

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was working there until five o'clock.
They did call up his coworker, Charlie

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Williamson, to testify on the stand
to say that he had driven Perry back

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to his home and dropped him off
at five point thirty. But unfortunately,

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by this point, Charlie Williamson was
seventy six years old, he had already

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suffered two heart attacks, and he
seemed like a very frail old man.

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So the prosecution just tried to attack
his credibility, saying that well, it's

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been a while, you're kind of
old, now, is it possible you

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could have misremembered the date and did
not actually drive Dennis home on this particular

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date. And I think this did
an effective job at sowing the seeds with

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the jury where they sought that,
well, this whole thing about Dennis being

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at work is probably mistaken. He
probably went to Georgia the day before,

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and Charlie Williamson is just mips remembering
the date. So unfortunately his alibi I

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didn't save him from being convicted.
It's too bad, because somebody's going to

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have a lot more accurate of a
memory when you question them, you know,

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within like a few days or weeks
of an event, but questioning him

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fifteen years later, it's pretty easy
to poke holes in someone's memory and make

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them doubt themselves exactly. Yeah,
And I think Charlie Williamson was even doubting

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himself because he was not in the
best of health at that point. It

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had been about eighteen years so,
and because they didn't have any like hard

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like evidence paper evidence like documentation like
time cards to believe that to show that

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Dennis Perry was at work on this
particular date, the jury just thought everyone

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was misremembering things and that he had
gone down to Camden County the day before

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the murders. Especially when you have
people of authority who are the ones who

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are poking holes, You've got nothing
to substantiate that memory, like nothing concrete.

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So you've got these people telling you, hey, do you think that

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there's a potential that you could be
wrong, that this is the wrong day,

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that maybe he wasn't there that day. I think the more that people

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are trying to question your memory,
it's really easy to want to please people

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who are in a position of authority, and that could have been the case

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here as well, with subconsciously not
like it's a conscious decision, oh exactly.

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Yeah, And I think that was
the way with some of the other

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eyewitnesses like dan Zola Williams and Cora
Fisher, who just felt, well,

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the authorities told me that this is
the guy that I saw such and such

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on this date, so they must
be right, so I'm going to just

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say what they want me to say. So the jury actually surprisingly only deliberated

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for three hours before they found Dennis
guilty on two counts of felony murder.

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And this is where things get even
more shady. Before sensing could take place,

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the prosecutors actually got Dennis into a
room and said that if you have

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been found guilty, we will give
you the death penalty, but we will

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make a deal with you. If
you agree to waive your right to appeal,

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we will not give you a death
sentence, and we will still give

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you two consecutive life sent and you
will still be eligible for parole after you

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serve a minimum of twenty years.
And they pretty much just gave him this

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offer like into his face, Like
they pretty much didn't give him any time

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to think about it or consult with
his attorneys or consult with his family.

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And Dennis would later say that I
was terrified I was going to be executed.

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Like he didn't really understand the whole
appeal process that even if you're sent

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to death row, it could be
several years before you're actually executed. So

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he was just so terrified that he
agreed to the deal that he would accept

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these two consecutive life sentences as long
as he waived his right to ever file

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any appeals for his conviction. And
I cannot think of another case like this

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where like they course like a defendant
into giving up the right to appeal in

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exchange for not receiving the death penalty. So this was another warning sign that

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they were terrified that their case against
him was not that strong and that if

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he tried to appeal his conviction it
would get overturned. So they found a

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loophole around it. He's so unfortunate
too, because they obviously are trying to

214
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just give him this offer to scare
him so that he takes it, so

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that it covers their butt, because
clearly they've got a reason to be worried,

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and I think that they must be
a little bit scared here, hence

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the reason why they offered that sweetheart
deal of twelve years for both murders in

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the beginning. So now they're again
going, Okay, well we've got this

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conviction, but let's just make sure
this never sees an appeals court because this

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could embarrass us all exactly. And
I know this started getting media coverage in

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the years following his conviction where they
would interview Perry in prison and he says,

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00:15:37.159 --> 00:15:39.639
yeah, I totally regrets like taking
this deal because now I can't appeal

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my conviction except under extreme circumstances.
But at that time, I was just

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terrified that I was going to be
executed, and I didn't get enough time

225
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to think about it. So he
was just kind of in a knowing situation

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where he could shout to the rooftops
that I'm innocent, that a lot of

227
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misconduct happened in my case, But
because he had waived his right to appeal,

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he was kind of helpless to do
anything until the Georgia Innocent Project got

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involved, and this case wound up
being featured on Undisclosed in twenty eighteen.

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So for the Undisclosed podcast, I
know that Susan Simpson started working with the

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Georgia Innocent Project and did like a
new deep dive investigation. They were just

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trying to find any other loopholes which
would give him the right to appeal his

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conviction in spite of that deal,
and they discovered that the day after Dennis's

234
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arrest, Jane Beaver had asked for
a twelve thousand dollars reward for her information

235
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leading to his being captured, and
the authorities actually paid it out to her,

236
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But because this information about the reward
was not shared with the jury at

237
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Perry's trial, they filed a new
appeal saying that his constitutional rights had been

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00:16:45.799 --> 00:16:51.720
violated. By twenty eighteen, Jane
Biab was already deceased, so she couldn't

239
00:16:51.720 --> 00:16:55.919
really answer these allegations. But that
is a pretty big deal where it's like,

240
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not only did this woman like do
her own independent investigation and get and

241
00:17:00.600 --> 00:17:03.079
Perry thrown behind bars because she just
didn't like him, she seemed to have

242
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a personal grudge against him, but
she also received a twelve thousand dollars reward

243
00:17:07.960 --> 00:17:11.200
for it. And the defense attorneys
argued if the jury had known this,

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they might not have put as much
credibility into her testimony. So for this

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reason, his conviction should be overturned
and he should receive a new trial.

246
00:17:19.440 --> 00:17:23.319
And I also feel like the jury
should have heard from Caroline as well.

247
00:17:23.440 --> 00:17:27.279
Right, Carolyne did testify at the
trial, but they didn't put much credence

248
00:17:27.319 --> 00:17:32.920
into what she said. It's really
too bad because the mother was the one

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that had this like vendetta against him. And when you've got the daughter who's

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00:17:37.640 --> 00:17:41.440
saying, oh, no, this
isn't actually accurate or true, then you've

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got to question a whole lot of
other things with regards to the investigation.

252
00:17:45.880 --> 00:17:52.000
Because what prompted it would have been
her vendetta, right, so she's not

253
00:17:52.039 --> 00:17:56.680
a very credible witness, and the
fact that she got a twelve thousand dollars

254
00:17:56.680 --> 00:18:02.400
reward, the jury very much should
have been aware that fact exactly. But

255
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there was still some argument, though, is this information good enough to overturn

256
00:18:04.920 --> 00:18:08.720
his conviction after he waived his right
to appeal. So they knew that they

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were going to have to find some
much stronger evidence in order to do this,

258
00:18:12.079 --> 00:18:18.000
and thankfully there was a reporter for
the Atlanta Journal Constitution named Joshua Sharp

259
00:18:18.359 --> 00:18:22.519
who did his own deep, deep
dive investigation and discovered some shocking new information

260
00:18:23.079 --> 00:18:27.400
that he shared in an extensive article
which was titled The Imperfect Alibi, and

261
00:18:27.440 --> 00:18:33.160
I'm going to explain why it has
that title momentarily. So he found out

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00:18:33.200 --> 00:18:36.519
about a guy named Eric Sparr,
who was fifty six years old at this

263
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point, who had been investigated as
a potential suspect early on in the investigation.

264
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He had originally grown up in Brunswick, Georgia, where he lived,

265
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but he had spent some time in
the Waverly area, and he was a

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really bad guy who had a history
of abuse against his ex wives and He

267
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first popped up unto the radar in
nineteen eighty six when his ex wife Emily

268
00:18:56.759 --> 00:19:02.400
said that he constantly harassed and threatened
me, he abused me, and that

269
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there was one time where he was
so angry that he flat out said to

270
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me that I killed two people in
a church, and I will do the

271
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same thing to you if you don't
behave and do what I say. And

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he actually used like the N word
to say, I'm the guy who killed

273
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those two N words in that church. And of course she found she started

274
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looking back and found out that on
the day of the murder, when the

275
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Swains were killed, spar had left
their house wearing dark clothing, but when

276
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he came back the next morning,
he was wearing a white T shirt which

277
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did not match the which was different
than what he was wearing. And he

278
00:19:36.960 --> 00:19:41.480
also apparently liked to wore scuff snake
skin boots like the ones worn by the

279
00:19:41.559 --> 00:19:47.039
killer. And the strongest piece of
evidence is that Eric apparently had his own

280
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pair of beat up glasses that he
had constructed using from different pairs of other

281
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glasses, which matched the description of
the glasses found at the crime scene,

282
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and he apparently lost these glasses sometime
when the murders took place, so and

283
00:20:02.519 --> 00:20:06.119
he also worked as a welder,
and they suspected that a welding torch had

284
00:20:06.160 --> 00:20:10.079
been used to construct these glasses.
So on the surface, he seemed like

285
00:20:10.119 --> 00:20:14.119
a very promising suspect, and his
name was given to the authorities. But

286
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as I'm going to talk about normentarily, he wound up being cleared early on

287
00:20:18.759 --> 00:20:25.920
because of what was described as a
imperfect alibi. Wow, that is some

288
00:20:26.160 --> 00:20:30.279
interesting information, I would say,
given the glasses, that's almost bombshell information.

289
00:20:32.000 --> 00:20:34.920
And the fact that he liked to
wear scuffed snakeskin boots, yes,

290
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and that on that day he went
he left the home wearing one thing,

291
00:20:41.319 --> 00:20:47.519
came back wearing another, and then
also with the whole using the racial slurs

292
00:20:48.279 --> 00:20:52.319
and admitting that this is looking like
a very promising suspect. This is looking

293
00:20:52.359 --> 00:20:56.400
better than Dennis Perry. Well,
the reason he got cleared early on,

294
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this is just going to blow your
mind. I have never heard anything like

295
00:21:00.240 --> 00:21:03.880
this in a case. But Agent
Gregory, the same guy who investigated Dennis

296
00:21:03.880 --> 00:21:08.640
Perry, he decided to check into
spars whereabouts on the night of the crime.

297
00:21:10.279 --> 00:21:15.160
He worked at a wyin Dixie grocery
store in Brunswick, and he obtained

298
00:21:15.559 --> 00:21:18.839
the phone. I think when he
questioned Sparr he received the phone number for

299
00:21:18.920 --> 00:21:21.319
his manager and said that, oh, yeah, I was working on the

300
00:21:21.400 --> 00:21:23.480
night of the crime, and if
you talk to this manager, he'll tell

301
00:21:23.519 --> 00:21:27.359
you that I was there and verify
my alibi. And he provided the name

302
00:21:27.359 --> 00:21:33.160
of a guy named Donald Mobley and
provided his so called phone number. So

303
00:21:33.440 --> 00:21:37.400
Agent Gregory phoned this number, talked
to someone claiming that they were Donald Mobley

304
00:21:37.440 --> 00:21:40.279
and said, oh yeah, I
can verify that spar was working this night,

305
00:21:40.640 --> 00:21:44.480
and this is why Gregory cleared him
as a suspect. But many years

306
00:21:44.559 --> 00:21:48.319
later, this reporter I mentioned Joshua
Sharp, decided to take a closer look

307
00:21:48.359 --> 00:21:52.799
at this alibi and found out that
when he called this number, he looked

308
00:21:52.799 --> 00:21:56.119
at the original police notes and looked
at the number that spar provided and called

309
00:21:56.119 --> 00:22:00.640
it and found out this was not
a number for a grocery store. This

310
00:22:00.799 --> 00:22:03.480
was fair a woman who was an
acquaintance of Eric Sparrer at that time,

311
00:22:03.519 --> 00:22:07.440
and she said, yeah, my
mother used to live at this number and

312
00:22:07.680 --> 00:22:11.000
she had a phone in the back
of the shed. But I don't know

313
00:22:11.039 --> 00:22:15.359
why this number would be in the
police files, so they finally, Joshua

314
00:22:15.400 --> 00:22:21.440
Sharp decided to try to track down
Donald Mobley, this manager that Agent Gregory

315
00:22:21.440 --> 00:22:25.359
had supposedly talked to, but then
found out that the name of the actual

316
00:22:26.079 --> 00:22:29.880
manager at the time was David Mobley. This was not even the correct name.

317
00:22:30.480 --> 00:22:33.559
So he finally talked to David Mobley
and he said, no, my

318
00:22:33.680 --> 00:22:36.920
name is not Donald. I don't
know anyone named Donald. There was no

319
00:22:37.079 --> 00:22:41.559
Donald Mobley working at the wind Dixie
grocery store in Brunswick back in nineteen eighty

320
00:22:41.599 --> 00:22:47.079
six. And I have no recollection
of ever talking to the police and verifying

321
00:22:47.119 --> 00:22:49.880
an alibi for Eric Sparr. I
have no idea what you're talking about.

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00:22:51.400 --> 00:22:55.920
So in retrospect, it appears that
Eric Sparr provided a fake number, a

323
00:22:55.960 --> 00:23:00.440
fake name, and that when Agent
Gregory phoned it, either SPA or someone

324
00:23:00.480 --> 00:23:04.000
else impersonated his own manager, gave
him a fake alibi, and the police

325
00:23:04.000 --> 00:23:08.920
believed it, and that's why he
was cleared as a suspect. Oh wow,

326
00:23:10.799 --> 00:23:15.079
that is pretty shocking that, I
mean, okay, so did Bundy

327
00:23:15.880 --> 00:23:22.000
have already in his head that it
was Dennis Perry when he did this investigation?

328
00:23:22.200 --> 00:23:26.440
Because it feels like this is just
lazy police work. You're not meeting

329
00:23:26.480 --> 00:23:32.160
with anybody in person, you're not
confirming that that phone number is actually for

330
00:23:32.279 --> 00:23:36.160
the wind Dixie or for any employee
of the wind Dixie, and you're not

331
00:23:36.240 --> 00:23:41.200
even confirming anything with the manager.
Like none of this makes sense and far

332
00:23:41.400 --> 00:23:47.279
seems to be such a great suspect
as compared to Dennis Perry. The only

333
00:23:47.359 --> 00:23:52.079
thing I guess is that you don't
have Jane Beaver breathing down your neck saying

334
00:23:52.160 --> 00:23:56.480
that it had to have been Perry. But I'm just so confounded by this

335
00:23:56.559 --> 00:24:00.640
information. Just to clarify, this
wasn't a Bundy, this was Joe Gregory,

336
00:24:00.720 --> 00:24:03.759
the original investigator. Oh okay,
and this was back in the late

337
00:24:04.200 --> 00:24:07.599
nineteen eighties, So I don't think
Bundy ever looked at Eric Sparr at all,

338
00:24:07.680 --> 00:24:11.799
because he'd he'd already been cleared as
a suspect. But I have a

339
00:24:11.839 --> 00:24:15.000
feeling that agent Gregory just had the
same mentality, like this is what he

340
00:24:15.039 --> 00:24:18.640
did when he cleared Dennis Perry.
He called his foreman and talked to him

341
00:24:18.680 --> 00:24:22.759
and said, oh yeah, I
can verify that he was working on this

342
00:24:22.799 --> 00:24:26.599
particular night and that's why Perry was
cleared as well, and it looks like

343
00:24:26.640 --> 00:24:30.359
he did the same thing to Eric
Sparr. And even though it seems like

344
00:24:30.400 --> 00:24:34.799
spar impersonated his own manager and provided
a fake alibi. I actually talked to

345
00:24:34.839 --> 00:24:40.000
Susan Simpson about this. I saw
her again at the True Crime Podcast Festival

346
00:24:40.000 --> 00:24:42.559
in Austin a few months ago,
and she thinks an alternate possibility is that

347
00:24:42.599 --> 00:24:48.079
agent Gregory was just playing lazy.
He never made the phone call to check

348
00:24:48.079 --> 00:24:51.200
the alibi. That maybe he just
felt spar was not a logical suspect,

349
00:24:51.279 --> 00:24:53.960
so he just wrote down in his
notes that he called this Donald Mobley guy.

350
00:24:55.039 --> 00:24:57.200
But it never actually happened, And
it was not until like thirty years

351
00:24:57.279 --> 00:25:00.920
later when this journalist decided to you
actually tried to number and talk to the

352
00:25:00.920 --> 00:25:04.200
real guy that he found out.
No, I never actually provided an alibi

353
00:25:04.319 --> 00:25:08.960
for Eric Sparr. Wow. I
mean that wouldn't really surprise me, right

354
00:25:10.079 --> 00:25:12.599
if you just got sheer laziness,
like I'm not going to double check this,

355
00:25:12.799 --> 00:25:17.920
why bother, I've already got my
suspect in mind. But it is

356
00:25:18.039 --> 00:25:22.640
shocking when you're looking at a case
that's a death penalty case right, and

357
00:25:22.160 --> 00:25:27.079
you'd think that you would dot your
eyes and cross your te's here exactly like

358
00:25:27.119 --> 00:25:30.079
it just is. I know,
this was like the eighties where you actually

359
00:25:30.160 --> 00:25:33.440
had to do more legwork to travel
around, Like you couldn't talk to someone

360
00:25:33.440 --> 00:25:37.559
on FaceTime in order to verify that
you're actually speaking to that person on the

361
00:25:37.599 --> 00:25:41.519
phone. But it just seems like
if you have a guy where he had

362
00:25:41.559 --> 00:25:45.000
allegedly bragged about like killing like a
priest inside a church, that you should

363
00:25:45.000 --> 00:25:48.119
look at him more thoroughly rather than
just making a phone call to his so

364
00:25:48.240 --> 00:25:52.640
called manager and taking their word for
it that e n alibi that night.

365
00:25:52.720 --> 00:25:56.160
Yeah, like you're trusting some random
person. If we're to believe the phone

366
00:25:56.160 --> 00:26:00.079
call was made whomever answered the phone, you're believing that they are who your

367
00:26:00.160 --> 00:26:04.480
suspect says that they are. They
could just be your suspect's brother or friend

368
00:26:04.680 --> 00:26:07.400
or whomever. And you're saying,
oh, yeah, so if a person

369
00:26:07.480 --> 00:26:12.160
calls you are this person. It's
like on Seinfeld Vandaline, Yeah, exactly,

370
00:26:14.359 --> 00:26:17.559
same type of thing. Yeah,
And while we're on the subject,

371
00:26:17.839 --> 00:26:21.680
it would turned out that sometime in
the late nineteen nineties, another ex wife

372
00:26:21.759 --> 00:26:25.440
of Eric Sparr would come forward and
said that he was a guy who loved

373
00:26:25.440 --> 00:26:29.519
to change his voice and impersonate other
people on the telephone, which is what

374
00:26:29.680 --> 00:26:32.920
probably happened here. And she told
a very similar story. She said he

375
00:26:32.960 --> 00:26:36.039
was an abusive guy, he was
a drug user, he was a racist,

376
00:26:36.319 --> 00:26:37.880
and that at one point he got
angry with her, held her down

377
00:26:38.160 --> 00:26:41.279
on the bed and put a pillow
over her face and said that I'm gonna

378
00:26:41.359 --> 00:26:45.839
kill you like I killed those people
in Camden County. And apparently he specifically

379
00:26:45.880 --> 00:26:49.799
mentioned Harold Swain's name. But of
course, by the time this woman came

380
00:26:49.839 --> 00:26:53.519
forward in the late nineteen nineties,
they had already focused on Dennis Perry as

381
00:26:53.559 --> 00:26:56.720
a suspect, so her tip was
pretty much ignored, and it was on

382
00:26:56.839 --> 00:27:02.400
until Joshua Sharp, the reporter,
reinterviewed her in twenty nineteen, when he

383
00:27:02.440 --> 00:27:04.920
began to realize, oh yeah,
we've now got two separate ex wives telling

384
00:27:06.200 --> 00:27:10.279
two different stories about how he bragged
about killing a black couple in a church.

385
00:27:10.640 --> 00:27:15.200
This really sounds like this guy could
be the real killer. I mean,

386
00:27:15.440 --> 00:27:18.839
given all the evidence we have,
the cobble together glasses, the boots,

387
00:27:18.920 --> 00:27:22.359
the fact that he keeps confessing to
this, it sounds like he is

388
00:27:22.400 --> 00:27:26.039
a likely suspect. But do we
know what would have been his motivation.

389
00:27:26.559 --> 00:27:30.640
That's unclear because I know that he
lived in the area in Waverley at some

390
00:27:30.720 --> 00:27:34.640
point, so it sounds like he
was familiar with the Swains, but he

391
00:27:34.799 --> 00:27:37.799
was living in Brunswick at that point, So I don't know what it was

392
00:27:37.920 --> 00:27:42.160
that would compel him to make this
lengthy drive down there on this particular night

393
00:27:42.279 --> 00:27:45.839
in order to kill these two people. It could be a thing where he

394
00:27:45.920 --> 00:27:49.480
was just simply on drugs or something
like that, or just had hate in

395
00:27:49.519 --> 00:27:52.599
his heart and just felt, I
just want to kill a random black person

396
00:27:52.640 --> 00:27:56.880
tonight. So unless he is charged
with this crime, we may never know.

397
00:27:56.079 --> 00:27:59.960
But as far as I can tell, they have never found any real

398
00:28:00.119 --> 00:28:04.000
connection between Harold Swain and Eric Sparr
to figure out why he would feel compelled

399
00:28:04.000 --> 00:28:07.119
to kill him. But sometimes racist
people just don't need a reason. They

400
00:28:07.160 --> 00:28:11.559
just want to kill the first black
person that they see. That is very

401
00:28:11.599 --> 00:28:15.599
true. We could be looking for
a motive when it's nothing more than this

402
00:28:15.640 --> 00:28:19.839
person is a racist and they're going
to this church and they know that there's

403
00:28:19.920 --> 00:28:23.839
black parishioners, a black preacher and
maybe they want to make a mark on

404
00:28:23.960 --> 00:28:27.400
the black community and murdering a man
of God would be a good way to

405
00:28:27.440 --> 00:28:32.400
do so. But the most important
thing that differentiates him from Dennis Perry is

406
00:28:32.400 --> 00:28:34.960
that spar actually owned a vehicle at
that time, so he could have actually

407
00:28:36.039 --> 00:28:38.400
made the drive from another town to
do there and then drive back. Yet

408
00:28:38.640 --> 00:28:42.599
you're focusing on the guy who doesn't
have any form of transportation. Totally logical,

409
00:28:44.319 --> 00:28:48.039
Oh, definitely logical, makes one
hundred percent sense. So in early

410
00:28:48.039 --> 00:28:52.000
twenty twenty, the Georgia Innocence Project, now that they knew Eric Sparr was

411
00:28:52.039 --> 00:28:56.079
a potential suspect, they wanted to
do new DNA testing on the hairs that

412
00:28:56.119 --> 00:29:00.200
were found in the killer's glasses.
Of course, like spar himself, was

413
00:29:00.240 --> 00:29:03.920
not going to hand over his own
DNA, so they decided to collect it

414
00:29:03.960 --> 00:29:10.759
from his mother, Gladys spar and
do some mitochondrial DNA testing, and sure

415
00:29:10.880 --> 00:29:15.359
enough, the results wound up being
a match. It didn't say conclusively that

416
00:29:15.440 --> 00:29:19.079
the DNA on the hairs belonged to
Eric Sparr, but because it was mitochondrial

417
00:29:19.160 --> 00:29:25.119
DNA testing, but the results showed
that someone in the spar family was likely

418
00:29:25.160 --> 00:29:29.319
the source of this hairs, so, of course the pretty much. Even

419
00:29:29.359 --> 00:29:34.039
though Perry had waived his right to
appeals, these DNA results compelled his attorneys

420
00:29:34.039 --> 00:29:38.599
to file in extraordinary motion for a
new trial, arguing that this is strong

421
00:29:38.720 --> 00:29:44.640
enough evidence that you have to overturn
his conviction. And if these DNA results

422
00:29:44.640 --> 00:29:48.119
have been available for Eric Sparr back
when he went on trial in two thousand

423
00:29:48.119 --> 00:29:52.160
and three, then he probably never
would have been convicted. No kidding.

424
00:29:52.200 --> 00:29:57.000
You've got me convinced with the evidence
that you put forth so far that clearly

425
00:29:57.119 --> 00:30:03.839
it's not done as Perry and it's
is our likely killer here exactly. So.

426
00:30:03.720 --> 00:30:07.000
I know that the district attorney in
Camden County at that time was Jackie

427
00:30:07.079 --> 00:30:11.200
Johnson, and she put up a
major fight in trying to get this conviction

428
00:30:11.319 --> 00:30:15.880
overturned. And around the same time
period she would find herself at the center

429
00:30:15.920 --> 00:30:22.079
of controversy for another reason. You're
probably familiar with the Ahmad arbery case,

430
00:30:22.160 --> 00:30:25.519
right, yes, yes, well, as I'm sure you're well aware.

431
00:30:25.599 --> 00:30:29.240
He was a black man who was
murdered by two racist guys while he was

432
00:30:29.319 --> 00:30:33.000
jogging, and the whole thing was
videotaped. It was a clear cut vigilante

433
00:30:33.079 --> 00:30:37.839
killing. But Jackie Johnson was the
district attorney at the time who was very

434
00:30:37.880 --> 00:30:42.160
reluctant to file charges against these two
men. And I think it was about

435
00:30:42.200 --> 00:30:47.920
a year or two ago she was
actually indicted for withholding evidence and for hindering

436
00:30:47.920 --> 00:30:51.519
an investigation. So she has not
gone to trial for this yet, she's

437
00:30:51.559 --> 00:30:53.559
still a free woman. But when
you realize the character of her, that

438
00:30:53.640 --> 00:30:57.640
she was trying to cover up this
other hate crime taking place in her county,

439
00:30:57.759 --> 00:31:03.319
then it's somehow not surprised that she
was reluctant to overturn Dennis Perry's conviction

440
00:31:03.440 --> 00:31:07.720
and sends him free from prison.
Yeah, that's not surprising. It's not

441
00:31:07.839 --> 00:31:11.920
a good look and it's clearly a
criminal offense exactly. But thankfully, in

442
00:31:11.920 --> 00:31:18.640
spite of Johnson's resistance, the evidence
was presented in a judge named Steven Scarlett,

443
00:31:18.680 --> 00:31:22.119
and he decided on his own accord
to overturn Dennis's conviction and grant him

444
00:31:22.160 --> 00:31:26.680
a new trial, saying that if
these DNA results have been available when he

445
00:31:26.720 --> 00:31:29.880
went on trial the first time around, the verdict might have been different.

446
00:31:29.960 --> 00:31:33.480
So he's entitled to go on trial
again. So in July of twenty twenty,

447
00:31:33.519 --> 00:31:37.000
he was finally released from prison.
And I'm sure you're all aware,

448
00:31:37.119 --> 00:31:41.200
July of twenty twenty was a very
rough time. We were in the middle

449
00:31:41.240 --> 00:31:42.759
of COVID. There was a lot
of chaos going on in the world.

450
00:31:42.799 --> 00:31:48.119
But this was my bright spot for
the year, seeing a guy because apparently,

451
00:31:48.200 --> 00:31:52.119
like prisons were a terrible place for
COVID back in twenty twenty, because

452
00:31:52.119 --> 00:31:56.640
it was so easy for the virus
to spread around. Well, all these

453
00:31:56.640 --> 00:32:00.880
people were incarcerated and cramped together.
So not only was is great for Dennis

454
00:32:00.920 --> 00:32:04.640
Perry to finally have his freedom again, but he was finally out of prison

455
00:32:04.799 --> 00:32:07.640
this haven for COVID, and so
he'd be a lot more safer. So

456
00:32:07.680 --> 00:32:13.119
it was such a satisfying feeling seeing
him finally walk out of prison after serving

457
00:32:13.200 --> 00:32:19.079
seventeen years. Wow, that must
have been something. Can you imagine you

458
00:32:19.160 --> 00:32:22.480
go in in like nineteen eighty five? Was it? No? When was

459
00:32:22.519 --> 00:32:27.160
his trial two and three? It
was nineteen eighty Yeah, nineteen eighty five,

460
00:32:27.200 --> 00:32:30.880
the crime was committed, two thousand
and three goes and he's into prison,

461
00:32:30.920 --> 00:32:35.920
And the world was very different in
two thousand and three than twenty twenty,

462
00:32:36.279 --> 00:32:39.759
and to be released in the middle
of a pandemic when everybody is freaked

463
00:32:39.759 --> 00:32:44.440
out. There's social media, which
there wasn't in two thousand and three.

464
00:32:44.960 --> 00:32:50.680
Just the landscape of technology had changed
so much. So do we know about

465
00:32:51.039 --> 00:32:53.799
what Dennis Perry has been up to
since he was released. He seems to

466
00:32:53.839 --> 00:32:57.720
be doing well. I spoke to
Susan Simpson about it, and she said

467
00:32:57.720 --> 00:33:00.359
that now that he's a free man, he's living his bad life. Of

468
00:33:00.400 --> 00:33:04.960
course, when Jackie Johnson was still
the DA, she was reluctant to drop

469
00:33:05.000 --> 00:33:07.920
the charges against him. She still
seemed to insist that she was going to

470
00:33:07.920 --> 00:33:12.119
take him to trial again, but
thankfully she lost the reelection and the newly

471
00:33:12.160 --> 00:33:15.079
appointed Camden County District Attorney, Keith
Higgins, pretty much said that, yeah,

472
00:33:15.160 --> 00:33:17.640
we take him to trial again.
There's no way we're going to get

473
00:33:17.680 --> 00:33:22.039
a conviction. This is a complete
waste of time. So he finally dropped

474
00:33:22.039 --> 00:33:25.920
the charges against him and officially exonerated
Dennis, and in April of twenty twenty

475
00:33:25.920 --> 00:33:30.079
two, he was finally awarded one
point two million dollars in compensation for his

476
00:33:30.119 --> 00:33:34.720
wrongful conviction. And I hope he
is using that money to live his best

477
00:33:34.759 --> 00:33:38.000
life because he got railroaded in a
huge way, I hope so, And

478
00:33:38.079 --> 00:33:42.640
like it just doesn't sound like enough, does it. I mean, I

479
00:33:42.640 --> 00:33:45.319
guess what do they calculate, like
one hundred thousand dollars a year or something

480
00:33:45.400 --> 00:33:51.079
like that. It just doesn't seem
like enough for the emotional pain and suffering

481
00:33:51.440 --> 00:33:54.720
that is inflicted upon somebody. Their
family is destroyed. There's a cascade of

482
00:33:54.799 --> 00:33:59.839
downstream effects from a conviction for murder
like that, for not just the end

483
00:33:59.880 --> 00:34:04.519
of vial, before the totality of
their entire family and friend network. And

484
00:34:05.000 --> 00:34:07.400
it's just like, here's one point
two million. I feel like, you

485
00:34:07.440 --> 00:34:10.320
know, here's five million would be
a better way to say sorry, you

486
00:34:10.320 --> 00:34:14.440
know what I mean exactly, Like
I've seen someone's where they award as much

487
00:34:14.440 --> 00:34:16.800
as ten or twenty millions. So
even though one point two million is a

488
00:34:16.800 --> 00:34:22.320
good sum, it's nowhere near enough
considering like how badly he was railroaded and

489
00:34:22.360 --> 00:34:25.119
the fact that he was like coerced
into waving his right to appeal. So

490
00:34:25.519 --> 00:34:29.440
I can't imagine though, how he
must feel because back in like the late

491
00:34:29.480 --> 00:34:31.880
two thousands, he was probably thinking
I screwed myself. There's no way they

492
00:34:31.880 --> 00:34:36.039
can even overturn my conviction, I'm
going to be in prison for the rest

493
00:34:36.039 --> 00:34:38.719
of my life. So like,
thank God for the George Innocence Project and

494
00:34:38.760 --> 00:34:44.880
the Undisclosed pod past, and for
Joshua Sharp for overturning this new information where

495
00:34:44.880 --> 00:34:47.119
they were finally in the position where
they forced the state's hand and they said,

496
00:34:47.400 --> 00:34:50.880
Okay, there's no way we can
keep this guy in prison. We

497
00:34:50.920 --> 00:34:54.400
have DNA evidence implicating an entirely new
suspect. We have to finally let him

498
00:34:54.440 --> 00:34:59.199
go. Yeah, at that point, it's like, why would you bring

499
00:34:59.239 --> 00:35:02.440
this back to trial unless you've got
a personal vendetta or you're a racist.

500
00:35:02.960 --> 00:35:07.400
I wonder what her deal was,
Like, what was her motivation? Is

501
00:35:07.400 --> 00:35:12.239
it just that she hated black people? Or was she just a horrible person?

502
00:35:12.480 --> 00:35:15.360
Are you talking about Jackie Johnson?
Yeah, I don't know. Like

503
00:35:15.400 --> 00:35:19.280
maybe we'll learn more about her when
she goes on trial for obstructing justice in

504
00:35:19.400 --> 00:35:22.559
the in the Ahmad Arbory case.
But like you remember the fear of though

505
00:35:22.599 --> 00:35:27.559
that they had this video of this
black man being killed by two white men,

506
00:35:28.119 --> 00:35:30.400
like was clearly cold blood and murder, And it was months before they

507
00:35:30.440 --> 00:35:35.280
finally filed charges against these men and
they were indicted. I mean, thankfully

508
00:35:35.280 --> 00:35:38.079
they've been convicted and sent to prison. But everyone was asking Jackie Johnson,

509
00:35:38.280 --> 00:35:43.079
you have video evidence, why don't
you prosecute these guys? So, I

510
00:35:43.079 --> 00:35:46.639
don't know, maybe she has some
racist beliefs deep down. Yikes. It

511
00:35:46.719 --> 00:35:52.159
just doesn't seem like there's any good
reason for that, especially given the solid

512
00:35:52.199 --> 00:35:55.000
evidence that they had. Well,
speaking of people who are wrongly accused,

513
00:35:55.159 --> 00:36:00.840
there's Donnie bearnine. If you go
back and you watch the Unsolved Mystery segment

514
00:36:00.960 --> 00:36:05.280
and they talk about the evidence against
him, he seems like a pretty logical

515
00:36:05.320 --> 00:36:08.360
alternate suspect. But then when Dennis
went on trial, they did DNA testing

516
00:36:08.440 --> 00:36:14.000
and it showed that the hairs in
the DNA in the hairs and the glasses

517
00:36:14.039 --> 00:36:17.760
did not match Barentine either, so
he was technically wrongfully accused as well.

518
00:36:17.800 --> 00:36:22.079
He's not particularly a sympathetic individual,
like he had to spend time in prison

519
00:36:22.199 --> 00:36:25.920
for firearms violations, but it's kind
of crazy to think that he was the

520
00:36:25.920 --> 00:36:30.559
big red herring in this case where
everyone thought he was the real killer for

521
00:36:30.639 --> 00:36:32.159
like two decades, but then they
did the DNA testing and it's like,

522
00:36:32.199 --> 00:36:36.880
no, you you were just a
guy who apparently liked to drunkenly brag about

523
00:36:36.960 --> 00:36:39.360
killing people that you did not actually
kill, and for that reason, you

524
00:36:39.400 --> 00:36:45.760
were falsely accused of the murder.
I was listening to an FBI profiler talk

525
00:36:45.840 --> 00:36:47.880
on I think they were on the
murder sheet or something, and she worked

526
00:36:49.079 --> 00:36:52.519
at Quantico for many, many years, and she said, oftentimes it comes

527
00:36:52.599 --> 00:36:57.000
up where there is the perfect person. They seem to fit that profile,

528
00:36:57.119 --> 00:37:00.679
and everything seems to line up,
and you're really or that it's them,

529
00:37:00.079 --> 00:37:04.920
and then somebody else comes on the
radar and it proves to be an entirely

530
00:37:04.960 --> 00:37:09.280
different person who just shares a lot
of commonalities with that person. And so

531
00:37:09.480 --> 00:37:13.840
I think that we see this in
cases all the time, where there's this

532
00:37:13.920 --> 00:37:16.719
person that is clearly just a red
herring, but on paper they seem to

533
00:37:16.760 --> 00:37:22.639
be like a perfect suspect and he
sounds like a good suspect until we find

534
00:37:22.639 --> 00:37:25.280
out the DNA doesn't match, and
then we've got SPA comes on the scene

535
00:37:25.280 --> 00:37:29.800
and it's like, whoa, We've
got a DNA match and all this circumstantial

536
00:37:29.800 --> 00:37:32.320
evidence. Yeah, it's kind of
crazy, Like it unfolded like a movie

537
00:37:32.400 --> 00:37:36.239
or a work of fiction where a
lot of the time you'll have like someone

538
00:37:36.320 --> 00:37:38.119
falsely accused of a crime, and
then they'll point at someone else and say,

539
00:37:38.119 --> 00:37:40.519
oh, this looks like the killer. And then they'll have this last

540
00:37:40.599 --> 00:37:45.360
minute twist that shows no such and
such as the killer. That's exactly what

541
00:37:45.440 --> 00:37:49.159
happened in this real life case with
Dennis Perry Donnie Barentine, and then it

542
00:37:49.199 --> 00:37:52.920
turns out, oh, it was
Eric sparr all along. Yeah, this

543
00:37:52.079 --> 00:37:55.039
is really crazy. It does play
out like a movie, and maybe they'll

544
00:37:55.039 --> 00:38:00.360
make a movie about this case one
day, because it is inspirational when you

545
00:38:00.440 --> 00:38:05.880
hear that somebody gets that justice and
that the judges. It is so hard

546
00:38:05.880 --> 00:38:08.599
to overturn a conviction when you got
a judge what was the judge's name again,

547
00:38:08.960 --> 00:38:14.320
Judge let me look that up here, Judge Stephen Scarlett. When you've

548
00:38:14.320 --> 00:38:17.400
got Judge Stephen Scarlett, who I
think is the unsung hero in this case.

549
00:38:17.760 --> 00:38:22.239
It's often set up in the system
so that it is so hard to

550
00:38:22.280 --> 00:38:28.760
get a case overturned that even though
it seems so clear that these people haven't

551
00:38:28.800 --> 00:38:32.719
done it or there's a better suspect, the system seems to protect itself rather

552
00:38:32.800 --> 00:38:37.079
than necessarily the rights of the individuals, and we see the judges seem to

553
00:38:37.119 --> 00:38:42.639
have the backs of other judges,
and it's an extremely nuanced, complex conversation

554
00:38:43.039 --> 00:38:45.719
that quite frankly, the people on
Undisclosed would be far better at having than

555
00:38:45.840 --> 00:38:51.280
me. But I'm just so happy
that Dennis Perry got out in any of

556
00:38:51.280 --> 00:38:54.599
these wrongful conviction cases when we see
somebody get out, get the compensation that

557
00:38:54.599 --> 00:38:59.239
they deserve and be able to be
reunited with their loved ones and live a

558
00:39:00.280 --> 00:39:02.840
normal life, a typical life,
a life where they get to look at

559
00:39:02.840 --> 00:39:06.679
the sun, where they get to
put their feet on the grass, These

560
00:39:06.719 --> 00:39:09.400
things that should be a basic human
right of the innocent that has been that

561
00:39:09.440 --> 00:39:14.719
they've been deprived of for all of
these years. Exactly Like I remember when

562
00:39:14.760 --> 00:39:16.920
I started digging into this case in
twenty eighteen, I was thinking, well,

563
00:39:16.920 --> 00:39:21.000
this might be useless and stuff,
because it's possible Dennis Perry is the

564
00:39:21.039 --> 00:39:23.639
right guy. This is technically a
close case and no one will ever hear

565
00:39:23.719 --> 00:39:27.800
of his story. But then I
was pleasantly surprised when I found out that

566
00:39:27.920 --> 00:39:30.760
Undisclosed was covering it. And then
in the long run their work paid off

567
00:39:30.800 --> 00:39:35.599
and he wound up being released about
only two years after they featured him on

568
00:39:35.639 --> 00:39:39.000
the podcast. But I bet you're
wondering about Eric Sparr. Well, here's

569
00:39:39.039 --> 00:39:44.119
another surprise twist in this story.
As you might recall, when they were

570
00:39:44.119 --> 00:39:47.480
trying to obtain his DNA, they
actually consulted his mother, Gladys Spar and

571
00:39:47.639 --> 00:39:52.360
got it in February of twenty twenty, and the results showed that there was

572
00:39:52.400 --> 00:39:57.199
a mitochondrial match to the hair found
in the glasses. Well surprised. Only

573
00:39:57.239 --> 00:40:00.079
a few days after Dennis Perry's conviction
was over, TI heard and was released

574
00:40:00.119 --> 00:40:05.440
from prison, Gladys spar was found
dead in her home. Now, to

575
00:40:05.480 --> 00:40:07.519
be fair, she was seventy nine
years old at the time, so it

576
00:40:07.559 --> 00:40:12.760
could have been natural causes. And
I don't know if they were ever able

577
00:40:12.800 --> 00:40:15.079
to confirm the exact cause of death, and if they have, they haven't

578
00:40:15.119 --> 00:40:19.760
released it publicly. But now that
I've heard about what I've heard about Eric

579
00:40:19.840 --> 00:40:22.639
Sparr, it would not surprise me
in the least that he might have been

580
00:40:22.719 --> 00:40:27.840
furious that his mother voluntarily turned over
the sample of his DNA, and that

581
00:40:27.880 --> 00:40:31.039
when he found out that the guy
who committed his crime was released from prison,

582
00:40:31.480 --> 00:40:36.360
he decided to get revenge on her
and kill his own mother. I'm

583
00:40:36.400 --> 00:40:38.159
not saying what that's one hundred percent
what happened. It could just be a

584
00:40:38.199 --> 00:40:43.239
coincidence because of her advanced age.
But if that's what happened, then Gladys

585
00:40:43.280 --> 00:40:49.199
Spar is just another victim in this
whole saga. Ugh, if he killed

586
00:40:49.199 --> 00:40:52.559
his own mother, I mean I
wouldn't put it past him based on everything

587
00:40:52.559 --> 00:40:55.519
that we know about him. He
sounds like a pretty abhorrent individual. But

588
00:40:57.199 --> 00:41:00.480
ugh, if he did that to
her, that is just so harp game

589
00:41:00.000 --> 00:41:05.159
exactly. And you might be wondering
why Spar has not been charged with this

590
00:41:05.280 --> 00:41:08.639
crime because it's been over three years
since the DNA match. But the problem

591
00:41:08.719 --> 00:41:13.920
is that it's mitolchondrial DNA testing,
which only shows that a member of the

592
00:41:13.960 --> 00:41:17.079
Spar family is likely the source of
the hairs. But they haven't given more

593
00:41:17.119 --> 00:41:21.599
advanced testing to prove beyond a shadow
of bit of a doubt that the hair

594
00:41:21.679 --> 00:41:24.159
belongs to Eric. Why not?
I don't know, because as it is

595
00:41:24.239 --> 00:41:28.840
right now, Eric does have a
brother. So if they arrested him right

596
00:41:28.880 --> 00:41:32.000
now on the mitolchandrial DNA evidence,
technically, as attorneys could say, oh,

597
00:41:32.119 --> 00:41:35.960
it could have been his brother that
left the hairs behind or something like

598
00:41:36.000 --> 00:41:38.079
that, that's the killer, and
there's still reasonable doubts. So that's what

599
00:41:38.199 --> 00:41:43.719
makes me wonder, why aren't you
doing more advanced DNA testing to prove beyond

600
00:41:43.719 --> 00:41:45.920
a shadow of a doubt that the
hair belongs to him. But when I

601
00:41:45.960 --> 00:41:50.119
talk to Susan Simpson a few months
ago, she thinks that this is such

602
00:41:50.159 --> 00:41:53.719
an embarrassment for Camden County that they
don't want to arrest another suspect. They

603
00:41:53.719 --> 00:41:58.159
don't want to admit that they were
wrong. So unless there's someone with a

604
00:41:58.159 --> 00:42:01.800
lot of initiative who really wants this
to be conclusively solved, Eric Sparr is

605
00:42:01.840 --> 00:42:07.159
going to remain a free man for
the foreseeable future. Oh, it sounds

606
00:42:07.159 --> 00:42:09.440
like a slam dung to me.
I get that it's embarrassing, but it

607
00:42:09.480 --> 00:42:14.599
wasn't under the tutelage of whomever is
at the helm now. It was from

608
00:42:14.639 --> 00:42:20.760
a long time ago, so it's
not your mess, it's your predecessor's mess.

609
00:42:21.119 --> 00:42:23.079
And I get that it is embarrassing
for the county, but it does

610
00:42:23.119 --> 00:42:27.840
seem like a slam dung, And
there is like a hero element in actually

611
00:42:27.880 --> 00:42:31.480
getting the real killer after the person
has been wrongfully convicted, and it's like,

612
00:42:31.519 --> 00:42:36.119
look, we're actually sweeping up the
mess that we help to create,

613
00:42:36.559 --> 00:42:39.119
exactly Like I mean Dennis Berry,
he's already been released, he's been awarded

614
00:42:39.320 --> 00:42:44.639
a million dollars in compensation, So
there's really no reason to not admit you're

615
00:42:44.679 --> 00:42:49.000
wrong anymore. I mean, it's
decades after the fact. The original investigators

616
00:42:49.000 --> 00:42:52.239
and the prosecutors are either dead or
retired. So who has ever taken the

617
00:42:52.280 --> 00:42:55.480
reins now they can take They can
take comfort in the fact that this is

618
00:42:55.519 --> 00:42:59.440
not my fault. I was not
around when they put the wrong person in

619
00:42:59.480 --> 00:43:01.559
prison, so why can't I just
do the right thing and make sure that

620
00:43:01.599 --> 00:43:06.639
the real perpetrator is put in prison
for this crime. I do know that

621
00:43:06.679 --> 00:43:10.039
in twenty twenty they exhumed Harold Swain's
body because I think they were looking for

622
00:43:10.119 --> 00:43:15.000
additional DNA evidence. But it's been
three years and I haven't heard anything,

623
00:43:15.039 --> 00:43:20.280
so I assumed they didn't find anything
of evidentiary value. And I guess maybe

624
00:43:20.360 --> 00:43:23.880
their biggest obstacle is that they have
to get a warrant to obtain a real

625
00:43:24.119 --> 00:43:30.239
DNA sample from Eric spar I know
it happens sometimes in these cases where they'll

626
00:43:30.280 --> 00:43:34.039
shadow a suspect and when they throw
away like a paper cup or a personal

627
00:43:34.079 --> 00:43:37.880
item like a cigarette, they'll like
take it up and then do DNA testing

628
00:43:37.960 --> 00:43:40.440
and then conclusively match it to the
evidence. But who knows, Maybe they're

629
00:43:40.480 --> 00:43:45.119
just paranoid that Eric Sparr will just
say, well those glasses. I was

630
00:43:45.119 --> 00:43:47.760
in the church and I lost the
glasses, but I did not actually pull

631
00:43:47.800 --> 00:43:52.199
the trigger and kill Harold. This
is just a red herring. But like

632
00:43:52.239 --> 00:43:53.679
you said, it just does seem
like a slam dunk. I have seen

633
00:43:53.679 --> 00:43:59.159
people convicted on evidence much weaker than
this, So it's very frustrating that it's

634
00:43:59.199 --> 00:44:01.840
now been nearly four years and they
still have not charged him with this crime.

635
00:44:04.039 --> 00:44:07.159
But the good news, though,
is that I remember when they uploaded

636
00:44:07.199 --> 00:44:09.760
this segment to Unsolved Mystery several years
ago, they just had a brief text

637
00:44:09.800 --> 00:44:15.599
update which said that this case is
solved. A man named Dennis Perry was

638
00:44:15.920 --> 00:44:19.840
charged and convicted of the murders of
Harold and thelmas wayIn. So looking at

639
00:44:19.840 --> 00:44:22.119
that, you figured this case was
conclusively resolved and there was nothing more to

640
00:44:22.119 --> 00:44:27.119
this story. But to the credit
of film Rise, who runs the channel,

641
00:44:27.159 --> 00:44:30.400
where Unsolved Mysteries is available. They
have actually inserted a new title card

642
00:44:30.480 --> 00:44:36.519
mentioning that Dennis Perry had his conviction
overturned, was exonerated and released from prison,

643
00:44:36.639 --> 00:44:39.400
So the whole world knows the update
to this story. But the sad

644
00:44:39.440 --> 00:44:44.639
part is is that this is technically
an unsolved mystery again, and Harold and

645
00:44:44.679 --> 00:44:49.159
Thelma will not receive justice until they
are finally until someone else, presumably Aeric

646
00:44:49.199 --> 00:44:52.800
spar Is finally charged with his murder. That part is so frustrating. I

647
00:44:52.880 --> 00:44:57.679
really wish that the district attorneys would
go, Okay, we've got good circumstantial

648
00:44:57.679 --> 00:45:00.639
evidence here. People aren't getting any
younger. Let's go forward with this.

649
00:45:00.719 --> 00:45:05.320
We've likely got a slam dunk.
We've already been embarrassed as much as we're

650
00:45:05.360 --> 00:45:08.079
going to be embarrassed. I mean
sure, there's going to be maybe certain

651
00:45:08.079 --> 00:45:10.760
things that are brought up that maybe
they would like to see the light of

652
00:45:10.840 --> 00:45:15.760
day, but I think they're getting
a conviction would trump that because it would

653
00:45:15.800 --> 00:45:19.639
make them look good, like,
hey, we've cleaned up this mess.

654
00:45:19.840 --> 00:45:23.719
Look at us. We care about
justice, we care about Thelma, and

655
00:45:23.760 --> 00:45:29.920
we care about Harold because they're the
victims here. And their families that don't

656
00:45:29.960 --> 00:45:32.559
really have a resolution, And I
think that is the really heartbreaking part of

657
00:45:32.599 --> 00:45:37.639
it here, exactly Like I always
talk about wrongful conviction cases, how hard

658
00:45:37.639 --> 00:45:42.559
it is for the victims' families because
they are given the impression that they finally

659
00:45:42.599 --> 00:45:45.159
receive justice, that the proper person
has been put in prison for the crime,

660
00:45:45.559 --> 00:45:49.119
but then decades later you find out, oh, we put the wrong

661
00:45:49.159 --> 00:45:51.960
person in and that the real killer
is still out there. So it must

662
00:45:51.960 --> 00:45:54.519
be just like a huge roller coaster
ride of emotions. And I feel so

663
00:45:54.599 --> 00:45:59.440
bad for the Swayin family because from
all accounts, Harold and Thelma are genuinely

664
00:45:59.559 --> 00:46:04.639
kind, generous and decent people who
were were always willing to help anybody,

665
00:46:05.000 --> 00:46:07.400
and it just sounds like that they
cross paths with like a complete racist who

666
00:46:07.440 --> 00:46:13.239
wanted to kill a pair of black
people for no reason whatsoever except to satisfy

667
00:46:13.280 --> 00:46:15.760
their own hate. And after all
these years they have still not received complete

668
00:46:15.920 --> 00:46:20.280
justice. So yeah, I think
that about brings an end to this.

669
00:46:20.400 --> 00:46:23.119
I've pretty much gone over the case. Like I said when I covered this

670
00:46:23.159 --> 00:46:27.840
on the podcast back in twenty eighteen, I did not expect all these new

671
00:46:27.880 --> 00:46:30.840
developments to take place, and that
Dennis would be released from prison and that

672
00:46:31.119 --> 00:46:34.679
this case would be looked at in
a new light. But that's the main

673
00:46:34.719 --> 00:46:37.840
reason I wanted to talk about it
on this episode and revisit it, because

674
00:46:37.079 --> 00:46:42.199
there were just so many new developments
to discuss, and I'm sure I provided

675
00:46:42.239 --> 00:46:45.440
you with some truly jaw dropping moments
which shock the hell out of you.

676
00:46:45.440 --> 00:46:49.880
You really did. There was a
bunch of moments throughout this where I was

677
00:46:49.920 --> 00:46:53.360
like, what like, especially with
regards to Perry's alibi, them not looking

678
00:46:53.400 --> 00:46:58.400
into it, the DNA hatches,
all of these things. It was just

679
00:46:58.519 --> 00:47:00.039
like, how did this even happen? And the fact that he hasn't been

680
00:47:00.079 --> 00:47:05.000
convicted at this point, that he's
still a free man, that they haven't

681
00:47:05.039 --> 00:47:09.000
got a warrant to get his DNA
based off the bitochandrial is shocking. But

682
00:47:09.199 --> 00:47:13.880
this is a fascinating case and I'm
really happy that you shared it with me.

683
00:47:14.360 --> 00:47:15.679
Great. Thank you. It was
great to discuss it and hear your

684
00:47:15.719 --> 00:47:19.719
reactions. My only regret is that
Ashley was not here, because I think

685
00:47:19.760 --> 00:47:22.679
she would have given off a few
audible gasps and gotten really angry, and

686
00:47:22.760 --> 00:47:27.920
a lot of the things we talked
about definitely, So she'll be back for

687
00:47:27.960 --> 00:47:30.639
our next series, Yeah, definitely, and we'll definitely have to get her

688
00:47:30.679 --> 00:47:32.960
to listen to this because she'll be
shocked at what she hears because she talks

689
00:47:34.000 --> 00:47:37.159
a lot about wrongful convictions. So
thanks for discussing this case for me and

690
00:47:37.400 --> 00:47:42.239
we will see you again next week
with our friend Ashley back. So until

691
00:47:42.280 --> 00:47:45.559
then, have yourself a good week
and thanks for your support. Robin.

692
00:47:45.599 --> 00:47:47.239
Do you want to tell us a
little bit about the Trail Went Cold Patreon?

693
00:47:49.000 --> 00:47:52.000
Yes, The Trail Cold Patreon has
been around for three years now,

694
00:47:52.039 --> 00:47:57.119
and we offer these standard bonus features
like early ad free episodes, and I

695
00:47:57.159 --> 00:48:00.639
also send out stickers and sign thank
you cards to anyone who signs up with

696
00:48:00.719 --> 00:48:05.920
us on Patreon. If you join
our five dollars tier tier two, we

697
00:48:05.960 --> 00:48:10.320
also offer monthly bonus episodes in which
I talk about cases which are not featured

698
00:48:10.360 --> 00:48:15.159
on the Trail Went Cold's original feed, so they're exclusive to Patreon, and

699
00:48:15.239 --> 00:48:19.159
if you join our highest tier tier
three, the ten dollar tier. One

700
00:48:19.159 --> 00:48:23.400
of the features we offer is a
audio commentary track over classic episodes of Unsaved

701
00:48:23.440 --> 00:48:28.840
Mysteries, where you can download an
audio file and then boot up the original

702
00:48:28.880 --> 00:48:34.440
Unsolved Mysteries episode on Amazon Prime or
YouTube and play it with my audio commentary

703
00:48:34.480 --> 00:48:37.519
playing in the background, where I
just provide trivia and factoids about the cases

704
00:48:37.559 --> 00:48:42.719
featured in this episode. And incidentally, the very first episode that I did

705
00:48:42.719 --> 00:48:46.000
a commentary track over was the episode
featuring this case. So if you want

706
00:48:46.039 --> 00:48:51.119
to download a commentary track in which
I make more smart ass remarks about Jewel

707
00:48:51.159 --> 00:48:53.599
Kaylor, then be sure to join
Tier three. So I want to let

708
00:48:53.639 --> 00:48:58.119
you know a little bit about the
Jeweles and Nashty Patreon. So there's early

709
00:48:58.159 --> 00:49:01.519
ad free episodes of The Path When
Chili. We've got our Pathwent Chili mini's,

710
00:49:01.559 --> 00:49:05.519
which are always over an hour,
so they're not very mini, but

711
00:49:05.559 --> 00:49:08.119
they're just too short to turn into
a series, and we're really enjoying doing

712
00:49:08.159 --> 00:49:12.360
those. So we hope you'll check
out those patreons. We'll link them in

713
00:49:12.440 --> 00:49:15.599
the show notes. So I want
to thank you all for listening, and

714
00:49:15.719 --> 00:49:19.199
any chance you have to share us
on social media with a friend or to

715
00:49:19.280 --> 00:49:22.039
rate and review is greatly appreciate it. You can email us at The Pathwentchili

716
00:49:22.079 --> 00:49:25.719
at gmail dot com. You can
reach us on Twitter at the Pathwin.

717
00:49:27.119 --> 00:49:30.480
So until next time. Be sure
to bundle up, because cold trails and

718
00:49:30.599 --> 00:49:35.800
chili pass call for warm clothing.
Music by Paul Rich from the podcast Cold Callers comedy

