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You're listening to the Mind over Murder
podcast. My name is Bill Thomas.

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I'm a writer, consulting, producer, and now podcaster. I am now

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trying to use my experience as the
brother of a murder victim to help other

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victims of violent crime. I'm working
on a book on the unsolved Colonial Parkway

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murders, and I'm the co administrator
of the Colonial Parkway Murders Facebook group together

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with Kristin Dilly. My name is
Kristin Dilly. I'm a writer, a

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researcher, a teacher, and a
victim's advocate, as well as the social

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media manager and co administrator for the
Colonial Parkway Murders Facebook page with my partner

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in crime, Bill Thomas. A
brief warning before we start this interview with

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Ashley Spence. We speak plainly about
sexual assault in this interview, and if

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you find yourself triggered by such conversation, you might want to be aware of

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that fact before the interview starts.
Thanks as always for listening to Mind for

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Murder. Welcome to Mine Ever Murder. I'm Kristin Dilley and I'm Bill Thomas,

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and we're joined today by victim's advocate
and fellow Sun Devil Ashley Spence,

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here to talk to us about the
DNA Justice Project. Ashley, thank you

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for joining us. Thank you both
so much for having me. I'm so

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grateful. You have to explain what
a sun devil is, Ashley. You

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want to do the honors, you
can do it. So I'm a sun

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devil and a longhorn. I was
born and raised in Austin, and three

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case my dad hears this, I
need to really I'm really a longhorn first,

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okay, and then I'm also there's
some dual loyalties there. I think

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we're very serious here in Texas.
Absolutely, And I'm actually of the two

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colleges that I went to, a
SU is the only one that has a

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mascot. My undergraduate college does not
have a mascot. It is a women's

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only college, and we just don't
have a mascot. We're just the Hollins

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University Sun devil is the only mascot
I can play too. So I'm a

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Sun devil. Bill looks absolutely just
perturbed by that. So if one attends

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Arizona State University, as you both
did, you are a sun devil,

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correct? And what does a sun
devil look like really fierce little guy with

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a pitchfork. Pitchfork is what it
comes to mind. Yes, okay,

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pitchfork. If you went to the
women's basketball team, would there be somebody

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walking around with a Sun Devil?
Yes, yes, pitchfork. Yeah,

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absolutely. I actually spent a lot
of time going to the Sun Devil women's

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basketball because the guy I was dating
back then was a huge Sun Devil's women's

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basketball fan, So I went to
a ton of Sun Devil's basketball games.

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Yes, you are not wrong about
any of what you just said. I

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thought for sure you were going to
say you were dating the guy that wore

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the red face fuzzy hat with them
pitch fork for Jane would have loved that.

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Actually, I think he would have. I think he would have eaten

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that up with a spoon. And
Hi, Dave, I know you're listening

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the Sun Devils. Okay. See, I feel better now I have a

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clearer understanding of your shared history.
You and Ashley are both sun Devils,

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yes we are, and longhorns.
We can't forget before we get. Now

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that we've gotten that out of the
way, Ashley, tell us a little

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bit about yourself, please, and
the amazing advocacy work that you're doing.

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Yes, thank you so much.
My time at Arizona State was a little

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bit short lived. I was really
excited to go there. I loved the

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school, and I was about to
start my sophomore year at Arizona State.

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Actually, and what I'm about to
say might be a little bit triggering.

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I always just like to give that
preface about sexual assault. But I think

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it's really important that we have these
conversations. Well, I had gone there

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for my freshman year. I loved
it, and I was about to start

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my sophomore year in two thousand and
three. I went to college early just

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to get to know my new roommate. I was really excited. We were

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going to our first apartment while we
were out of the dorms, and I

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felt so cool and so we were
really excited to get settled in. But

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we were in a really giant apartment
complex. You know this too, Christen.

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It's very college oriented. So I
was there before school started and it

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was pretty empty at the time,
in this big, giant apartment complex,

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and they moved us into the very
back corner, ground floor unit. I

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will never forget it, building,
k It's etched in my memory. This

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was before school had started, and
I had been there about a week.

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I went to bed one night.
I had a feeling that day. It

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was really strange. I had this
feeling. I was on the phone with

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my mom and it was a warm
summer Arizona night, and I just remember

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the sky was like pink and purple
and started to get blue, and the

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sun was setting, and as I'm
speaking to my mom on the phone,

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I just felt the sinking feeling in
the pit of my gut. Now it

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wasn't like I don't know if you'll
know, like that anxious feeling where you

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feel like it's in your chest right, you know what it sa. It

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wasn't that. It was like this
piercing, grounded, dark inner knowing that

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something was really terribly wrong. But
I had no idea what it was.

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And as the sun went down,
I talked to my mom and I remember

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thinking, I don't want to get
off the phone. I don't even want

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to go. I was supposed to
be meet up with my friends. I

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didn't know. I had no idea. I'm like, I'm going to get

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it be in trouble for going out
in college. I had no idea,

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but I knew something was wrong.
I hang up the phone. I go

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out with my friends. We come
back to my apartment and it started to

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get late. We were all talking, and I remember I had told my

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friends, like, why don't you
just stay here? You can some of

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you can save in the bed.
We have the couch, and my roommate

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went to sleep with her boyfriend,
and eventually my friends left. They took

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a cab and they went home,
and I went to bed that night.

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As I for my whole life had
been fortunate too, I felt like I

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was safe in my own home.
I'm very blessed in that I came from

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a safe environment. I always felt
protected. I never, in a million

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years much probably like what you all
have endured. Imagine that these horrific times,

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whatever happened to me, but they
do, they can happen to anyone.

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I went to bed and in the
middle of the night and intruder broke

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into my apartment. While I was
asleep. He smothered my face with a

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pillow and began to tear off my
clothes. I remember just thinking, this

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is a dream, those nightmares you
have and you can shake yourself and wake

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up. And I kept being like, wake up, Ashley, wake up,

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trying to shake myself, and I
realized really quickly, oh my god,

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this is not a dream, this
is real life, and I need

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to fight. And in that moment, I began to try to fight and

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yell and move my arms and legs
with everything I had in me, and

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I was nearly killed. The pillow
was suffocating my face so tightly. I

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tried to move my face all around, and I was beaten so severely,

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and I knew in that moment,
I just thought, I have two choices.

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I continue to fight and I die
right here, right now, or

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I have to let it happen to
try to live. And I desperately wanted

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to live, so for hours throughout
the night, I endured this torture in

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every unimaginable way possible. The entire
time, I could not see the face

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of the person that was committing these
horrific crimes against me. I am so

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fortunate because I am standing here today, I'm able to share my story.

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I survived it physically, but he
got away and I never saw his face,

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And before he left, he said, do not remove the pillow from

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your face until I'm gone, and
do not tell anybody, because if you

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do, I will be watching you
and I will kill you. I was

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trembling, but I thought, oh
my god, I'm going to survive.

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I might survive, and but I
had to just use my senses. When

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I felt like he was gone,
I jumped out of bed. I slammed

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the door shut, locked it.
I put on clothes, and I desperately

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looked for my phone. I knew
I went to bed with it, but

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it was gone. So I had
to think quick. I had to get

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out of that apartment. So I
broke the window. I jumped out the

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window and ran to my roommate's master
patio door and I was just beating the

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door down, and she opened the
door, and I will never forget the

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look on her and her boyfriend's face. I'm standing there, covered in blood,

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just screaming, I've been raped.
Call nine when one I've been raped.

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And I was fortunate. I had
a really good responding law enforcement officer,

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Williams, and I was pacing in
the parking lot. I didn't want

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to go inside, and when we
met ies, he pulled up in the

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police car, and it felt like
it was months. I don't know how

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long it was, but it felt
like it had been a really long time

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and locked eyes and I could just
see him mouth the words, oh my

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god when he saw the state I
was in. And I mean I worked

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day and night with detectives. I
had a rapekud examination done, I did

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everything, but there were just no
leads. What agency were you dealing with

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at the time of the attack?
Who was the responsible law enforcement agency?

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So I was in Tempee at the
time of the attack. He was amazing

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And I tell people this all the
time. It is so important every single

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victim needs to have that first initial
response be someone that is either trauma and

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for him trained, or that has
that compassion. Because had it not been

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him, I would not have felt
safe enough to go forward. I truly

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wouldn't have. I would have been
scared to death. Because of him,

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he opened up this safety for me
to take the next step to have a

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rape kit examination done. Did you
go to the hospital right away then to

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do your rape kit? Tell us
a little bit more about how the rest

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of the evening unfolds than once you've
reported the sexual assault. Yeah, so

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this was the morning. This was
like morning daytime at that point, and

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I remember I had gone in back
into the house when the police officer arrived

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and I saw in front of my
roommate's doore was a barricade of stools and

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pillows and all these items from my
house that this guy had put in front

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of the roommate's doore because it opened
outward, so he wanted to be able

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to have some notice if anyone was
coming down. So I saw that.

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I was pretty startled by that,
and I just remember him saying, we

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have to act quick. He didn't
really say these words to me, but

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after the fact he knew that there
was no eyesight evidence. I didn't see

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him, so they needed to get
any evidence possible, any DNA, anything

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that they could find. I knew
nothing about rape kids. I didn't know

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anything about it. I don't even
know if see if I was around at

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the time, Like, I didn't
know anything about the process at all.

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I remember just saying, he was
like, we're going to take you in

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a van, and we need to
go and have evidence collected and get you

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checked out. And I remember I
just said, oh, I have to

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shower first. I'm not going anywhere. I need to think an hour,

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I need to brush my teeth.
I feel disgusting, like I was just

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felt disgusting, and he just said, I'm so sorry you can't shower,

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you can't brush your teeth, that
you're going to be safe. And again

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I trusted him. So I got
in a van and I went to a

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hospital and I was very fortunate once
again I had a trained I didn't know

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anything about saying a sexual SELT nurse
examiner, and she was changed. Her

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name was Jennifer, and I can
tell y'all, I don't remember the hours

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of evidence collection, photographing. I
don't remember that. I do remember,

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though, how she made me feel. And after an attack this traumatic,

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but any attack is tried, any
sort of one. You can imagine having

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to get undressed and to have evidence
like taken off your body. It would

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really just terrible. But for me
the experience, she made me feel calm,

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She made me feel supported, She
was compassionate, like all these amazing

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I call them my angels because I
know not everybody has had this experience,

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but I want to share it because
there is good out there, and I

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think this should be the model,
the level that we all achieve and strive

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for. And so she worked very
hard in what we would find out down

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the road was that this guy was
very good at what he did, as

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a lot of these very serial predators
are I've heard you speak about this too,

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but maybe not book smart, but
smart criminal smart. Okay, it's

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scary, it's different, but he's
smart. So they actually she would end

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up getting the evidence, which was
a tiny bit of saliva on my chest

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and this is graphic, but he
was pretty good at protecting everything else and

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all the other evidence even really even
through these violent attacks. So that was

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the small evidence that ended up being
collected. But I didn't know much about

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it. But so what they do
then is they take your kit and hopefully

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if all goes right and if there's
not backlogs, it gets tested, it

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gets stored properly, it's not destroyed, it's taken care of very well.

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And luckily that happened to mine and
it was entered though into Cotis and there

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were no hits. The detectives working
on my case were fantastic, and I

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think they collected DNA from over fifty
people that would actually give their DNA or

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they'd chase them down because you can
get you can obtain DNA off a cup

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or whatever it is. But all
these guys were actually giving up their DNA.

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And at this point we ran out
of people because school hadn't started yet.

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We took DNA from everybody, possibly
every mail that I thought possibly could

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have been at school around They gave
their DNA and there were no matches,

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and I just I couldn't take it
anymore. I can tell you all.

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The fear was so scary that I
had thought, not only am I all

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over the news. He told me
he would be watching me. He said,

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if I told anyone, he's gonna
kill me. And now there's no

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leads, Like I'm terrified. I
lived in a state of perpetual fear.

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And I tried to go to school
and I sat in class and I had

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this horrific panic attack, and I
just thought, is he sitting behind me

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right now? Yeah? I was
thinking the same thing, is this Could

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he be in the same lecture hall
with him? Like, I just lived

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in the state of absolute terror,
and I couldn't even do things like wash

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my face because it would mean I
would shut my eyes. Now when I

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look back on it, and as
you all know, your story is just

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it breaks my heart to lose a
family member or sister, to lose someone

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to violence, It's so unfair and
it breaks my heart and for me,

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I didn't even realize the impact it
had on everyone that I went to school

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with. How terrifying. We're nineteen, we're kids. In the end,

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Did you end up feeling like I
have to step away from school, This

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isn't going to work for me,
even though I'm just entering my sophomore year,

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which should be a really exciting time. Yes, I remember I was

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in the sort of state of and
this was before like PTSD was talked about.

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I didn't really know anything about,
but I was in this. I

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think of it as like a trance
or a day is just moving my going

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through emotion and trauma. We have
all had different traumatic experiences, but it

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can infect the brain and the body, and our response is the same.

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So I think we can all say
in our own ways, we've experienced some

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sort of reaction like that to the
things that have happened to us. I

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just felt like a daze and one
foot, like just surviving. I was

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just surviving, and I dropped out
of school, and I remember I had

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to sit in the office and the
person I was telling at the school was

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not very compassion I don't know if
they were worried because it happened on it

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was a campus. I don't know, but it was handled really bizarrely,

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I would say, But I just
dropped out of school. I couldn't do

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it anymore. I was all bruised
up trying to go to school. Everyone's

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staring at me. I'm all over
the news, and it just it's stripped

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away. I will never be the
same. And I think I heard you

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Bill talk about this as well.
It's you can go back to those places.

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And I was in it for a
long time, a long like scary

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which I'll touch. It changes you
forever, and it doesn't mean that you're

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broken per se, but you lose
a part of yourself that you can ever

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get back. And I refer to
this kind of because now it's two thousand

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and three and I've had closure.
I've been doing healing work a lot of

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I've tried every healing anything you can
imagine. I've tried. But there are

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times when I think that it's a
star, and then all of a sudden,

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something will happen and then I feel
like it's like a gaping, deep

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wound that's bleeding. I don't know
if that makes sense. But you feel

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like I've healed, and then all
of a sudden, it's just ah,

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it's there again. It's alive.
It's painful, it's dark, it's hard,

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but we have to face it and
choose to look for the good things

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in the light. And I dropped
out of school and I picked Newport Beach,

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California to live it. I moved
there with my friend and it was

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a random place I'd never thought about
living. But I'm like, I'm going

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to the ocean. I'm just going
to be Ashley, no more victim.

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No one's gonna know. I'm not
going to talk about it. It's gonna

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be amazing. I'm gonna start fresh. And it's not that easy to restart.

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But so I moved to Newport Beach. I struggled. You know,

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on the outside, you might think
I was okay, but my roommate knew

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the darkness and bless her, I
mean, what she endured and how she

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stuck through me, she was an
angel. I thought I was doing okay,

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but I mean I was numbing out
with massive amounts of alcohol, pills

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nipael during the day because I couldn't
sleep. At night, I would hear

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like muffled screams of women that he
was hurting. I knew he was out

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there. Like that was the most
awful thing for me was I could hear

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how I was trying to scream in
that pillow, but I would hear it

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on repeat in my head at night
because I knew he was out there.

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And we know these people do not
stop. They don't stop. They don't

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wake up one day and say I'm
not going to do this anymore. I'm

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not going to violently rape and break
into people's homes or kill people. I'm

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just decided I'm not doing that.
That doesn't happen, let's be real.

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So that was terrifying for me.
And I can remember not just one time,

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but there were two times that I
would peel my eyes open and it

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was like I felt like I had
been hit over the head with a brick.

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My eye is hazy, and I
could see my cry my eye open

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with a pounding migraine, and I
would see a hospital band on my wrist.

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And I wouldn't remember not only not
going in an ambulance from the bar

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because I overdrank, I wouldn't remember
being clear to go home, okay,

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Like it was absolutely terrifying, and
I won't go into this whole story,

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but I ended up getting into yoga. My mom had done it, and

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my friend took me there and I
started to get more clear. Like yoga

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gave me this clarity of healing and
it was a pathway for me that really

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worked. And I started to be
able to feel my pain, to process

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it, to let go, and
to know that some things I have to

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surrender to. Sometimes the power is
just surrendering and accepting that I can either

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continue to self medicate and kill myself
I should, or I can take this

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and put one foot in front of
the other, get my head clear and

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start my life. No more victim
mentality, pick up the pieces. It

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got to that point and I said, I can't live like this anymore.

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So I got clear headed. I
ended up going back to college. I

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got a job, I graduated college. It was really awesome and that's a

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big deal. And I decided to
move back to Austin eventually, and it

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was here in twenty ten. So
seven years after my Attech, I get

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00:18:00,039 --> 00:18:03,680
a call from the detectives and there
was a DNA match in my case.

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Wow, after seven years, I
endured such a wide range of emotion.

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I was shocked because I had to
in order to get on with my life.

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I had decided, you know what, I just am't accepting that I

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might not ever have an answer to
this, and so it was shocking.

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The irony is I moved to Newport
Beach, out of all the places in

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00:18:23,880 --> 00:18:27,200
the country, to escape this man. In reality, I moved to the

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00:18:27,319 --> 00:18:30,960
very city that he lived, Newport
Beach. Have you all been there to

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Newport Beach? Yes, No,
I haven't been. Okay, it's a

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00:18:34,559 --> 00:18:38,920
tiny beach town. Tiny, Okay. So I lived on the Peninsula on

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00:18:40,039 --> 00:18:42,759
fortieth Street. I know when they
arrested him. Guess what he was on

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00:18:42,839 --> 00:18:48,680
forty first Street, one block from
where I live. Oh, is this

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this is not him following you or
anything like that. It's bizarre. No,

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he actually told the court that I
followed him there. I don't know.

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He said that I saw him,
that I went to like restaurant,

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00:19:00,440 --> 00:19:03,079
said he was in, that he
saw me on the peninsula. There was

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00:19:03,119 --> 00:19:06,160
a time like in my jeep there
were photographs from like a rooftop taken and

303
00:19:06,160 --> 00:19:08,039
put in the front seat of my
car, and I called the detective on

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00:19:08,079 --> 00:19:11,400
my case, thinking I don't know
if it's connected, I still will never

305
00:19:11,440 --> 00:19:14,079
know, but whether or not,
like he saw me out or he was

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00:19:14,079 --> 00:19:18,160
just saying that it's just eerie.
It's just one of those weird what I

307
00:19:18,200 --> 00:19:19,839
don't know. It doesn't make total
sense, but there's a reason that it

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00:19:19,880 --> 00:19:23,119
was a blessing. He was caught
in Newport Beach trying to break into a

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home one block from where I lived
all those years. He was tinkering with

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the door. Three young women lived
in this home. A police officer saw

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00:19:30,039 --> 00:19:36,079
him, questioned him, then tried
to arrest him. He resisted the officer's

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00:19:36,160 --> 00:19:40,599
arrest. In California, that's a
felony offense. Thankfully, California was one

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of just eighteen at the time.
My home state of Texas, we just

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00:19:44,119 --> 00:19:48,039
became the nineteenth state. I'm so
proud to collect DNA upon all felony arrest

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00:19:48,640 --> 00:19:55,400
So the difference is fifty states.
So all fifty collect upon conviction of a

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00:19:55,440 --> 00:20:00,240
felony thirty one states. Virginia is
included in this. Thirty one states collect

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00:20:00,279 --> 00:20:07,599
for certain violent felony arrest and burglary. Of those, nineteen do all felony

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00:20:07,680 --> 00:20:11,480
arrests. California was one of the
states at the time. Thankfully it was

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00:20:11,480 --> 00:20:14,160
in California that he was arrested.
Because what they did was when they took

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00:20:14,240 --> 00:20:17,279
him down, they took his fingerprints, they took us photographs, they took

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00:20:17,279 --> 00:20:21,119
a DNA cheek swap, so it's
a minimally invasive cheek swab of saliva.

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00:20:21,480 --> 00:20:23,759
They uplifted in dakotas our national database
and it hit a match back to my

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00:20:23,839 --> 00:20:30,039
case all those years before and others. My DNA evidence was strongest, so

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00:20:30,119 --> 00:20:34,720
they were going to trial with mine
first. He was a violent serial predator.

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00:20:34,799 --> 00:20:37,799
He had a wife and a son, and a shed behind his home

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00:20:37,839 --> 00:20:42,920
full of women's underwear and ID cards
like his trophies from all over the world.

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00:20:42,960 --> 00:20:47,960
He would take odd job chainting.
He went to the Olympics. The

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00:20:48,079 --> 00:20:52,240
amount of people that he has harmed
we will not ever know. And I

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00:20:52,279 --> 00:20:55,759
can tell you there is a reason
why too, because the level of fear

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00:20:55,799 --> 00:21:00,000
he instills in his victims is next
level. I just that was my automatic

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00:21:00,119 --> 00:21:03,039
response, go tell, like I
can see many circumstances where people are not

332
00:21:03,079 --> 00:21:06,599
telling, or it takes the while, or they're not coming out. But

333
00:21:06,680 --> 00:21:08,799
he had trophies of all these women
in there, so they arrested him.

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00:21:08,799 --> 00:21:12,920
He was extradited to Arizona. But
as the lost hands in Arizona today,

335
00:21:14,319 --> 00:21:17,039
he would still be free to rape
and harm other women because they wouldn't have

336
00:21:17,079 --> 00:21:22,000
taken his cheek swab there right,
Anyways, I wait on trial for five

337
00:21:22,079 --> 00:21:25,799
years, so twenty ten to twenty
fifteen. Wait, let's stop for a

338
00:21:25,799 --> 00:21:30,000
second. Why did you have to
wait five years for a trial? Two

339
00:21:30,039 --> 00:21:33,799
big reasons. One, this guy
was he's insane and he thought he wanted

340
00:21:33,799 --> 00:21:37,400
to represent himself. And so again, as we're saying, he might not

341
00:21:37,400 --> 00:21:40,519
have been the smartest businessman, but
he was criminal smart, like he knew

342
00:21:40,559 --> 00:21:42,799
how to play the system. So
he represented himself. But the really big

343
00:21:42,839 --> 00:21:45,920
reason, the most important one,
is that there was a Supreme Court case

344
00:21:47,480 --> 00:21:52,319
twenty thirteen. There is a case
called Marilyn versus King. In this they

345
00:21:52,400 --> 00:21:57,680
found that taking your DNA cheek swab
for a qualifying arrest is a reasonable and

346
00:21:57,960 --> 00:22:02,920
just part of the book procedure,
just like taking your fingerprints, just like

347
00:22:02,960 --> 00:22:06,599
taking your photographs. So this was
challenged that it was a violation of the

348
00:22:06,599 --> 00:22:08,039
Fourth Amendment. They found no,
that it is not a violation of the

349
00:22:08,079 --> 00:22:11,519
Fourth Amendment for qualifying arrest. So
because of that ruling, Thank goodness,

350
00:22:11,799 --> 00:22:15,839
we were able to go to trial. Had they found that not had that

351
00:22:15,920 --> 00:22:18,680
ruling not gone that way, I
would have never had disclosure. This man

352
00:22:18,839 --> 00:22:22,680
could have still been out there.
Because of that, trial was postponed.

353
00:22:22,680 --> 00:22:25,640
But then we eventually we went and
I remember, I'll never forget it.

354
00:22:25,720 --> 00:22:29,400
At this point, I had yoga
studios in Austin, and I gave birth

355
00:22:29,480 --> 00:22:32,440
to my son. All these big
achievements for me that I never thought could

356
00:22:32,559 --> 00:22:36,720
be possible. Again when I had
trouble getting pregnant with my son, and

357
00:22:37,039 --> 00:22:41,440
I remember the prosecutor called and he
said, Ashley trial is happening May of

358
00:22:41,480 --> 00:22:44,880
twenty fifteen, and there's no going
back. We're going to trial. And

359
00:22:45,160 --> 00:22:47,119
I just was on the phone,
like, wait, in my business,

360
00:22:47,119 --> 00:22:48,880
we're finally turning a profit. You
know how hard that is. I'm not

361
00:22:48,920 --> 00:22:52,240
crying on the steps anymore inviting homeless
people to come take my yoga class for

362
00:22:52,319 --> 00:22:56,240
free, just to fill the room. This is a big deal. But

363
00:22:56,799 --> 00:22:59,839
I had a son and I said, he's eight months old, as too

364
00:22:59,880 --> 00:23:03,279
young. He can't be separated from
me. I'm his mom. Deep down,

365
00:23:03,319 --> 00:23:06,319
I was just terrified, like this
guy told me he would kill me.

366
00:23:06,359 --> 00:23:08,119
And now I'm a mama and I
have a child to protect if they

367
00:23:08,160 --> 00:23:11,200
find him not guilty. It's just
I never saw a space. I don't

368
00:23:11,240 --> 00:23:14,799
know this guy. He was a
stalker and a stranger. I'd never seen

369
00:23:14,839 --> 00:23:17,519
him before. It really scared me. And he said, Ashley, if

370
00:23:17,519 --> 00:23:18,799
you don't show up, this is
totally He was really kind about it,

371
00:23:18,839 --> 00:23:22,880
but he said very directly, the
maximum this man can get his ten years.

372
00:23:22,960 --> 00:23:25,519
And I said, I'm gonna have
to think about it. I hung

373
00:23:25,599 --> 00:23:27,880
up the phone, went about my
business, and I remember I got the

374
00:23:27,960 --> 00:23:32,599
shocking news that I was pregnant,
and just a complete and total shock.

375
00:23:32,799 --> 00:23:34,920
And so with my son, we
didn't find out the sex, but with

376
00:23:36,160 --> 00:23:38,240
this child, surprise or pregnant when
I didn't think I could get pregnant on

377
00:23:38,279 --> 00:23:42,480
my own, and I was,
and I'll never forget when I just got

378
00:23:42,480 --> 00:23:45,640
the letter and it just said you're
having a baby girl, and I thought,

379
00:23:45,680 --> 00:23:48,519
oh my gosh, Ashley, well
because you're going back for her,

380
00:23:48,880 --> 00:23:52,960
You're going back for everyone's daughter,
sisters, friends like you were going to

381
00:23:53,039 --> 00:23:56,720
trial. So pregnant as can be
with my daughter, I lied to Arizona.

382
00:23:56,880 --> 00:24:00,000
When I face this man, and
there was a lot of darkness,

383
00:24:00,039 --> 00:24:03,599
but I persevered through and there was
a lot of light. The officer,

384
00:24:03,759 --> 00:24:08,279
the forensic nurse, the DNA analysts, they were able to prove purely through

385
00:24:08,400 --> 00:24:12,759
DNA it was thirty eight trillion times
more likely his DNA on me than anybody

386
00:24:12,799 --> 00:24:18,680
else's, Okay, thirty eight trillion. The real compelling evidence in court was

387
00:24:18,039 --> 00:24:22,880
by twenty ten they were able to
do what is called ysdr analysis, and

388
00:24:22,039 --> 00:24:26,559
what they did was they extracted the
X and the Y chromosome. When they

389
00:24:26,599 --> 00:24:30,200
did that, they retested the DNA
and they found his DNA all over my

390
00:24:30,279 --> 00:24:34,880
body, everywhere. And guess what
it aligned with every story that I told

391
00:24:36,000 --> 00:24:41,160
detectives and lawn immediately after the attack, which made for extremely compelling evidence and

392
00:24:41,240 --> 00:24:45,599
quorus. So they found him guilty. We waited on sentencing for a year,

393
00:24:45,880 --> 00:24:48,880
so this was May of twenty sixteen. At this point my daughter was

394
00:24:48,880 --> 00:24:52,799
born. I fly back to Arizona
for sentencing. I'll never forget, the

395
00:24:52,839 --> 00:24:57,000
prosecutor says Ashley. This man's family
is here, and I just start sobbing

396
00:24:57,119 --> 00:25:02,279
because it humanized him, and I'm
like, no, like this is he's

397
00:25:02,319 --> 00:25:04,359
a monster. I don't want him
to be human at all. It broke

398
00:25:04,400 --> 00:25:07,880
my heart. And he said,
they are here, but they're here in

399
00:25:07,920 --> 00:25:11,480
support of you. And I said
what, And he said, and they

400
00:25:11,519 --> 00:25:15,680
want to know if they can talk
to you. And I just said,

401
00:25:15,000 --> 00:25:18,480
okay, tears falling down my face, and oh, this one gets me.

402
00:25:18,519 --> 00:25:21,759
I don't cry a lot when I
talk anymore, but this always makes

403
00:25:21,759 --> 00:25:25,240
me choke up because I'll never forget
hugging his sister and his nieces and his

404
00:25:25,319 --> 00:25:27,680
family. And I was just sharing
how sorry we were for one another,

405
00:25:27,799 --> 00:25:32,599
all crying in each other's arms.
Powerful. And his sister stood up that

406
00:25:32,680 --> 00:25:36,359
day at sentencing, his own sister, and she looked the judge straight in

407
00:25:36,359 --> 00:25:37,880
the eye and said, she said, I grew up with this man as

408
00:25:37,920 --> 00:25:41,319
a brother. I had to become
a detective because I had to live with

409
00:25:41,400 --> 00:25:45,920
him as my brother. Not only
is what he did horrific to her,

410
00:25:45,000 --> 00:25:48,559
but we are certain that he has
killed people. Do not ever let him

411
00:25:48,599 --> 00:25:52,680
see the light of day again.
His own sister point, there was a

412
00:25:52,759 --> 00:25:56,160
man that kind of made me feel
uncomfortable, that sat behind in trial,

413
00:25:56,279 --> 00:25:59,279
and so that you have this amazing
victim advocate that holds the hand of a

414
00:25:59,279 --> 00:26:02,200
stranger on. I love her so
much. I always think of helped me

415
00:26:02,240 --> 00:26:04,880
rond that she really helped me that
song. She was a little angel too.

416
00:26:04,920 --> 00:26:08,079
And she went to ask him,
she said, who are you?

417
00:26:08,160 --> 00:26:11,799
And he said, I grew up
with this guy in high school and I

418
00:26:11,880 --> 00:26:14,680
drove all the way here from California
to see him. Fry he is a

419
00:26:14,720 --> 00:26:18,880
bad man. Oh wow. So
he wasn't support either, and he had

420
00:26:18,920 --> 00:26:23,119
been in and out of trouble burglary
voyeurism, never had his DNA collected,

421
00:26:23,160 --> 00:26:26,839
but he's not getting caught for the
homicides. For his sister says, she's

422
00:26:26,880 --> 00:26:30,319
certain that these murdered people. Okay, in my evidence it was the small

423
00:26:30,359 --> 00:26:34,039
amount of saliva that actually they got
it off of. But they actually sentenced

424
00:26:34,119 --> 00:26:41,160
him to one hundred and thirty seven
point five years in prisons. You're listening

425
00:26:41,160 --> 00:26:45,720
to Mind over Murder. We'll be
right back after this word from our sponsors.

426
00:26:52,960 --> 00:26:57,920
We're back here at mindover Murder.
I sat in the back of court

427
00:26:57,960 --> 00:27:03,920
and I just saw and I felt
like this weight of justice, that piece

428
00:27:03,920 --> 00:27:07,759
that I felt. I thought when
I flew home and I ended up reconnecting

429
00:27:07,759 --> 00:27:10,559
with my forensic nurse, and I
thought you know what, I can't live

430
00:27:10,559 --> 00:27:12,039
in silence. I never told anybody, my own brother, who was very

431
00:27:12,079 --> 00:27:15,920
close to me. He was so
young at the time. We just said

432
00:27:15,920 --> 00:27:18,799
that someone broke in and robbed my
house. I'm going to start telling people,

433
00:27:18,880 --> 00:27:26,519
and all victims deserve justice, every
single one, every single victim deserves

434
00:27:26,519 --> 00:27:30,039
closure. We can't stop it all
from happening, but we need to do

435
00:27:30,079 --> 00:27:33,759
everything we can. And I was
terrified when I realized that every state did

436
00:27:33,759 --> 00:27:38,720
not collect UNA upon felony arrest right
fifty conviction. How many of these people

437
00:27:38,759 --> 00:27:42,160
are getting convicted of these felonies,
they get it taken down to a misdemeanor,

438
00:27:42,279 --> 00:27:48,519
they flee. The most prolific serial
rapist of young girls in Colorado was

439
00:27:48,559 --> 00:27:52,799
caught not through serial raping young girls. He was caught through a felony level

440
00:27:53,039 --> 00:27:59,160
forgery. Fellony level forgery. Okay, So we're not talking about swabbing DNA

441
00:27:59,279 --> 00:28:02,480
for a routine traffic stop. Okay, that's illegal, But we are saying,

442
00:28:02,519 --> 00:28:04,960
if you are arrested for a violent
felony offense, we need to collect

443
00:28:04,960 --> 00:28:10,119
your DNA. It's interesting because now
I advocate for this with DNA Justice Project.

444
00:28:10,160 --> 00:28:11,680
I formed it to not just you
know, help with victim advocacy,

445
00:28:11,720 --> 00:28:15,960
but tried to change laws and I
got inspired in twenty seventeen. Actually I

446
00:28:17,000 --> 00:28:19,160
was testifying in Texas, just on
the side to try to get it to

447
00:28:19,200 --> 00:28:22,880
certain violent felonies. It didn't go. In twenty seventeen, twenty nineteen,

448
00:28:22,920 --> 00:28:26,799
it got across and I met this
woman named Jane Seppich. I don't know

449
00:28:26,799 --> 00:28:32,319
if you all are familiar with her
or her daughter's story. So Jane's wonderful

450
00:28:32,359 --> 00:28:36,400
and her daughter, Katie Seppich,
was a twenty three year old grad student

451
00:28:36,440 --> 00:28:38,480
in New Mexico in two thousand and
three, so the same year of my

452
00:28:38,559 --> 00:28:42,519
attack. Her story did not end
as well. She was walking home from

453
00:28:42,519 --> 00:28:45,200
a party. She had gotten in
an argument with her boyfriend. She left

454
00:28:45,359 --> 00:28:49,759
and she was walking alone at night, and she ended up being very brutally

455
00:28:49,839 --> 00:28:55,200
raped, murdered. Her body was
lit on fire, and she was dumped

456
00:28:55,200 --> 00:29:00,799
in a field. Oh my gosh, horrible she had and you've lived through

457
00:29:00,880 --> 00:29:03,599
this the effect. She had siblings, you know, a sister, a

458
00:29:03,640 --> 00:29:07,240
young sister I think she was nine
at the time, and an older brother,

459
00:29:07,640 --> 00:29:11,440
and they did not know who did
it. For a while, I

460
00:29:11,480 --> 00:29:14,359
thought maybe it was a boyfriend because
they had gotten in that argument. But

461
00:29:15,279 --> 00:29:19,079
I remember when Janne tells this story, she said, very directly to the

462
00:29:19,200 --> 00:29:22,440
law enforcement officer, So, Katie, the stories that you hear of her

463
00:29:22,440 --> 00:29:25,839
and meeting her mother, when you
know her, she's become like a second

464
00:29:25,839 --> 00:29:29,680
mom to me. Katie was a
fighter. And the only evidence that they

465
00:29:29,720 --> 00:29:33,079
had because her body was burned,
was actually under her fingernails. She had

466
00:29:33,119 --> 00:29:37,920
fought for her life so hard that
his skin was the DNA was under her

467
00:29:37,920 --> 00:29:41,319
fingernails, so they were able to
collect that. And Janne told the detective,

468
00:29:41,480 --> 00:29:45,279
this guy, he's repealed, he'll
do it again. People like this,

469
00:29:45,400 --> 00:29:48,559
don't just stop. Like we're all
like, we all know, and

470
00:29:48,640 --> 00:29:51,880
when they arrest him for another felony, they'll just take his DNA and then

471
00:29:51,920 --> 00:29:53,519
we'll find the match. We're going
to find this guy. And the detective

472
00:29:53,559 --> 00:29:57,279
just said, no, you actually
you can't. That's illegal to take DNA

473
00:29:57,359 --> 00:30:00,640
upon felony arrest and explain to her, and she was she's felt gutted.

474
00:30:00,720 --> 00:30:07,920
So three years later, her perpetrator
was actually caught convicted of a felony,

475
00:30:07,000 --> 00:30:11,160
and that is when they swapped him
for DNA and they found that had they

476
00:30:11,200 --> 00:30:14,200
had the law, which is now
called Katie's Law in Mexico. Jane is

477
00:30:14,200 --> 00:30:17,359
a fierce warrior with her husband,
Dave and kids, and they fought for

478
00:30:17,400 --> 00:30:19,519
this. Katie's all there. It
saved many lives. But had they had

479
00:30:19,519 --> 00:30:23,720
that law, her family would have
had justice two months after her murder instead

480
00:30:23,720 --> 00:30:26,960
of three years. And you know
the pain, and I can't imagine thirty

481
00:30:26,960 --> 00:30:30,039
plus years of waiting, but to
not have that closure and to know that

482
00:30:30,079 --> 00:30:34,119
there are ways that are loopholes that
we have today in our criminal justice system

483
00:30:34,400 --> 00:30:37,880
and in the way that we can
actually make this change like we can't.

484
00:30:38,119 --> 00:30:41,599
So she fought for that. She
trained me and she since retired, so

485
00:30:42,440 --> 00:30:47,279
she entrusted me to step into her
big you know, the big wings of

486
00:30:47,319 --> 00:30:49,160
her. But I do. I
carry Katie's memory and I won't be carrying

487
00:30:49,240 --> 00:30:52,240
your sisters as well in this work
because we can't give up hope. We

488
00:30:52,319 --> 00:30:56,680
have the tools, we have these
DNA databases that are incredible. Cotus is

489
00:30:56,680 --> 00:31:00,240
incredible. My greatest challenge is trying
to convince legis on why we need to

490
00:31:00,279 --> 00:31:03,279
do this. But I'm like,
why don't we all need to be doing

491
00:31:03,279 --> 00:31:06,720
this? It's crazy to me it's
absolutely crazy. It makes no sense.

492
00:31:07,440 --> 00:31:11,119
I get it though, because people
say, if you collect my DNA before

493
00:31:11,160 --> 00:31:14,519
I'm convicted, that's a violation of
my civil liberties. I hear that a

494
00:31:14,559 --> 00:31:17,920
lot, and here's why it's not. And I love when people come with

495
00:31:17,960 --> 00:31:21,759
these challenges because I've really studied.
I was no forensic expert before this.

496
00:31:21,880 --> 00:31:23,759
I don't if I was a younger
girl that had a business. I mean

497
00:31:23,920 --> 00:31:27,839
I ran astud, I had some, but not this come on. But

498
00:31:27,960 --> 00:31:33,599
I just began to get fascinated with
the database and learn why and study the

499
00:31:33,680 --> 00:31:34,920
ins and outs of it. And
COTIS, So if you don't mind me

500
00:31:34,960 --> 00:31:38,319
going into this really quick, it's
it's been around since nineteen ninety eight.

501
00:31:38,920 --> 00:31:45,160
It leaked the local, state,
and national DNA databases. Since nineteen ninety

502
00:31:45,200 --> 00:31:48,519
eight, we have never had a
breach into the database. Okay, now,

503
00:31:48,559 --> 00:31:52,039
even if someone were to break into
the database, all they would find

504
00:31:52,039 --> 00:31:56,960
our numbers. So people think that
cotis is like twenty three and meters ancestry

505
00:31:56,000 --> 00:32:00,240
dot com and forensic geology is doing
incredible things to solve crimes. It's amazing,

506
00:32:00,599 --> 00:32:04,480
But that is not what this is. And I think this is important

507
00:32:04,720 --> 00:32:07,799
to talk to and what codis is
that is not it at all. So

508
00:32:07,839 --> 00:32:14,359
what goes into CODIS is not your
whole dnago made up of three billion markers.

509
00:32:14,680 --> 00:32:16,680
So markers are two sets of numbers. Okay, so three billion of

510
00:32:16,720 --> 00:32:21,240
those. That's all of our information. It wouldn't say in CODIS if I

511
00:32:21,240 --> 00:32:22,920
were to get arrested for phony,
wouldn't say that I am Lebanese, that

512
00:32:22,960 --> 00:32:27,400
I have brown hair, if I'm
predisposed to any genetic diseases. It wouldn't

513
00:32:27,400 --> 00:32:30,359
say my siblings unless you have familial
CODIS laws in place that allow that.

514
00:32:30,400 --> 00:32:34,359
But that's not even what we're talking
about. It wouldn't say even a name.

515
00:32:34,839 --> 00:32:37,839
So the only thing it has it's
an auto generated specimen ID number that

516
00:32:37,920 --> 00:32:43,359
is given by the lab. So
these numbers are so precise that there's twenty

517
00:32:43,400 --> 00:32:45,960
to twenty four depending on the state. But it doesn't say any coding information.

518
00:32:46,039 --> 00:32:49,880
The only thing you could tell,
if you knew how to read it,

519
00:32:49,880 --> 00:32:53,759
would be male or female. That's
it. Okay. Now the second

520
00:32:53,759 --> 00:32:57,880
part, you guys still with me? Yeah? Oh absolutely, yeah,

521
00:32:58,000 --> 00:33:00,519
yeah, keep going so much.
I love this stuff, so you just

522
00:33:00,519 --> 00:33:02,039
stop me whenever. But okay,
so the second part is where are the

523
00:33:02,119 --> 00:33:06,519
names stored then, okay, So
if there is an actual match into the

524
00:33:06,599 --> 00:33:10,640
database of those numbers, the names
are stored actually in an offline computer at

525
00:33:10,640 --> 00:33:15,680
the state lab. So these are
state the state owns. Holy what goes

526
00:33:15,720 --> 00:33:21,319
into codis in the database. Okay, that's important too. So what happens

527
00:33:21,319 --> 00:33:23,200
then, is there's a match,
the name is kept in this offline computer,

528
00:33:23,759 --> 00:33:27,599
they reaffirm, they retest. Okay, that is a match. So

529
00:33:27,680 --> 00:33:30,440
the person that owns this computer,
there's only a limited number of people that

530
00:33:30,480 --> 00:33:34,880
have access to it. There are
heavy fines of upwards to one hundreds some

531
00:33:34,920 --> 00:33:37,559
states two hundred and fifty thousand dollars
if you violate this and jail time if

532
00:33:37,559 --> 00:33:42,279
you violate the privacy. They can
release the name to the detectives working the

533
00:33:42,319 --> 00:33:46,880
case. They can only use this
DNA match is an investigative lead, so

534
00:33:46,960 --> 00:33:51,279
they have to build their own case. They have to get a search warrant

535
00:33:51,279 --> 00:33:53,839
for the arrest. For the second
swab of DNA, they re swab,

536
00:33:54,200 --> 00:33:59,079
they put it into codis and that
if that matches, that is the DNA

537
00:33:59,240 --> 00:34:02,960
that is in miss in court.
So very protected and it's very accurate.

538
00:34:04,359 --> 00:34:07,920
Now, if you are found not
guilty for whatever reason, you're not guilty.

539
00:34:07,000 --> 00:34:10,079
It is a federal law and requirement. You have to be able to

540
00:34:10,119 --> 00:34:15,920
have your DNA completely expunged and destroyed
from the database. So the Office of

541
00:34:15,920 --> 00:34:20,360
the Inspector General does annual and random
audits on the crime lab and again they

542
00:34:20,360 --> 00:34:22,480
are heavy fines if it's violated.
So I tell people, do you believe

543
00:34:22,480 --> 00:34:25,119
in fingerprinting? And some of them
say no, And I just say,

544
00:34:25,119 --> 00:34:31,840
oh, I don't know what to
tell you. But if you believe in

545
00:34:31,880 --> 00:34:36,559
finger printing, then you should believe
in this because it's even more accurate.

546
00:34:36,639 --> 00:34:40,320
And why are we not maximizing this
Because not only can it provide justice to

547
00:34:40,400 --> 00:34:45,199
families like yours that are desperately waiting
and not giving up hope, it can

548
00:34:45,199 --> 00:34:50,239
prevent these crimes from happening to our
children. It exonerates those that are wrongfully

549
00:34:50,239 --> 00:34:53,159
in our prison and it protects the
civil liberties and the privacy of those that

550
00:34:53,199 --> 00:34:57,400
are arrested. Your DNA is not
accessible by third parties. You can't look

551
00:34:57,400 --> 00:35:00,679
it up, you can't be prohibited
from getting a job having your DNA in

552
00:35:00,719 --> 00:35:02,400
the database. The only thing that's
public is your arrest record, and that's

553
00:35:02,400 --> 00:35:07,239
going to be public, but your
DNA it's not. Why is it that

554
00:35:07,360 --> 00:35:14,519
there are so many violent offenders that
just aren't in the CODA system. What

555
00:35:14,679 --> 00:35:19,000
is the problem here, because this
sounds like a great system. What is

556
00:35:19,039 --> 00:35:22,400
going on that we're not having every
violent offender put into codis? Please help

557
00:35:22,440 --> 00:35:28,599
us understand that really crucial question.
There's many reasons unfortunately that I keep finding

558
00:35:28,599 --> 00:35:30,800
it learning more and more. But
I like to look at these as opportunities

559
00:35:30,800 --> 00:35:35,280
of growth, shed light so that
we can work towards fixing them. For

560
00:35:35,360 --> 00:35:38,360
one, the DNA collection laws,
so states just aren't collecting unless it's a

561
00:35:38,360 --> 00:35:44,079
conviction of a felony. That's not
good. Honestly, we are missing the

562
00:35:44,119 --> 00:35:47,360
bulk of these people. Okay,
we have answers that can be given today

563
00:35:47,440 --> 00:35:51,199
if we start to collect for all
felony arrests. That's why I think a

564
00:35:51,199 --> 00:35:53,079
good stepping stone is if your state's
newer to it. But up north and

565
00:35:53,280 --> 00:35:58,199
where y'all are, I'm really eager
to get stuff going. I had I

566
00:35:58,239 --> 00:36:00,039
have a billstone West Virginia, but
it didn't go as well. In the

567
00:36:00,079 --> 00:36:04,119
House. The Senate side, I
have Snator Olavario, who's amazing. He's

568
00:36:04,159 --> 00:36:07,199
resurrected it. He believes in it
so much. He's such a fighter for

569
00:36:07,280 --> 00:36:09,599
good and I'm so grateful to him
no matter the outcome, because he's brought

570
00:36:09,599 --> 00:36:15,760
it back to life. Pennsylvania have
incredible sponsors Kentucky, but up north we

571
00:36:15,800 --> 00:36:17,159
don't have a lot of this.
It's all I have a map, and

572
00:36:17,239 --> 00:36:21,599
I have it color coordinated, dark
blue for all felony arrest, light blue

573
00:36:21,599 --> 00:36:23,639
for violent felonies, and then white. And up north it's all white basically

574
00:36:23,679 --> 00:36:28,119
because you only do conviction and these
criminals they don't stay their lane or their

575
00:36:28,199 --> 00:36:30,280
state. They are on the move, and so we need to do this.

576
00:36:30,320 --> 00:36:35,639
We will solve so many crimes,
so many So that's one area.

577
00:36:35,719 --> 00:36:38,440
Another one is we have incredible technology
at our fingertips as well as you all

578
00:36:38,480 --> 00:36:43,639
know too. Whether it's there's different
advancements with forensic genealogy. Again it's not.

579
00:36:43,840 --> 00:36:45,159
I don't know as much about that, but I do know things.

580
00:36:45,159 --> 00:36:49,239
I had a bill in Arkansas,
we did a working group. There's technology

581
00:36:49,239 --> 00:36:52,960
called rapid DNA technology. To give
you some background, we have an issue.

582
00:36:53,079 --> 00:36:58,159
I was shocked to find out the
Department of Justice estimates that we are

583
00:36:58,280 --> 00:37:06,000
missing her state between forty to fifty
thousand samples of lawfully oed DNA or uncollected

584
00:37:06,000 --> 00:37:07,800
offender DNA. So what does this
mean. It means as the last stands

585
00:37:08,119 --> 00:37:12,599
for conviction or for a violent filund
arrest, or whatever your law is in

586
00:37:12,679 --> 00:37:17,960
your state, we're missing, on
average per state forty to fifty thousand samples.

587
00:37:19,320 --> 00:37:22,519
Process that these are not just samples. These are violent repeat offenders,

588
00:37:22,519 --> 00:37:25,559
and we could expose a lot of
cases, but we have to be swabbing

589
00:37:25,559 --> 00:37:29,440
for the DNA. It's just like
the rape kit backlog. It's amazing.

590
00:37:29,440 --> 00:37:32,239
There are all these organizations that have
done great work, Joyful Heart Foundation rate

591
00:37:32,400 --> 00:37:36,760
incredible things. But we can do
all this work on clearing the backlog,

592
00:37:36,800 --> 00:37:38,639
but if we're not utilizing the other
side of the coin, the DNA database,

593
00:37:38,639 --> 00:37:42,360
we will not get the hits.
So we have to enhance our DNA

594
00:37:42,440 --> 00:37:45,760
database so with lawfully Oh why does
this happen? There's a multitude of reasons.

595
00:37:46,119 --> 00:37:51,719
It's hard to pinpoint just one.
One offender flees. Two, there's

596
00:37:51,840 --> 00:37:54,400
unclear communication. They don't know that
they're supposed to give their DNA. Three

597
00:37:54,519 --> 00:37:59,280
Sometimes people are in prison and they're
supposed to give their DNA after their prison

598
00:37:59,320 --> 00:38:01,960
sentence. Okay, that makes sense
to me. After so some people are

599
00:38:01,960 --> 00:38:05,360
in there for twenty years and then
you're just going to take their DNA.

600
00:38:05,440 --> 00:38:07,000
Also, what if they're innocent,
But think of the other crimes that you

601
00:38:07,000 --> 00:38:12,280
can close the other offenses if you're
collecting the DNA aut front. So we're

602
00:38:12,320 --> 00:38:14,960
also missing them in prison. Some
people aren't trained there, so they don't

603
00:38:15,000 --> 00:38:20,679
know. There's miscommunication amongst agencies,
and so these people are being missed in

604
00:38:20,719 --> 00:38:24,719
the system. It breaks my heart
and this is something that everyone should uncover.

605
00:38:24,840 --> 00:38:29,679
And Alaska did their numbers and they're
small population wise, and they had

606
00:38:29,679 --> 00:38:34,400
twenty one thousand laslio DNA samples in
Arkansas and I was there for the working

607
00:38:34,440 --> 00:38:37,840
group which I'm going to retouch on. They had forty two thousand samples that

608
00:38:37,840 --> 00:38:40,519
were missing. So the list goes
on. This is a real issue and

609
00:38:40,679 --> 00:38:44,480
we can't point fingers, but we
need to say why is this happening?

610
00:38:44,480 --> 00:38:46,519
And we need to make some solutions. Okay, one of the solutions.

611
00:38:46,519 --> 00:38:50,760
It's just a tool too, but
you have more updates and technology. There's

612
00:38:50,840 --> 00:38:53,559
rapid DNA technology. Louisiana. I
just got back from visiting there a few

613
00:38:53,599 --> 00:38:59,039
months ago, and we just launched
this in Arkansas. So it's a technology.

614
00:38:59,079 --> 00:39:01,360
It looks like a print. Okay, it's a tiny size. If

615
00:39:01,400 --> 00:39:06,079
you have the policy, which is
to collect DNA upon arrest and booking,

616
00:39:06,119 --> 00:39:07,599
so you have to be able to
collect DNA when you're booking someone. You

617
00:39:07,639 --> 00:39:10,440
can actually take a cheek swab when
you take their fingerprints and their photographs,

618
00:39:10,440 --> 00:39:15,719
you upload it into the national database
and it counts down within ninety minutes,

619
00:39:15,360 --> 00:39:19,440
it can turn green and if they
are linked to any of the most violent

620
00:39:19,719 --> 00:39:23,639
offenses unsolved in the disc nationwide,
then we will know right away within twenty

621
00:39:23,679 --> 00:39:28,239
four hours. It can search all
of CODIS right now, we know it

622
00:39:28,239 --> 00:39:30,880
can take weeks, months, sometimes
years. You have the ability and again

623
00:39:30,920 --> 00:39:35,280
these are just tools, right,
but this could help with Laflo DNA because

624
00:39:35,280 --> 00:39:37,559
they're not fleeing, and it can
help make really good decisions on bail and

625
00:39:37,599 --> 00:39:42,320
bond and things of that nature.
It can exonerate people really quickly, So

626
00:39:42,360 --> 00:39:47,320
there's that. There is also it's
pretty disheartening to know that sometimes our CODIS

627
00:39:47,360 --> 00:39:51,719
hits actually aren't followed up on.
There's now a company that they have hit

628
00:39:51,800 --> 00:39:57,239
tracking systems in so sometimes and again, whether it's from the lab side or

629
00:39:57,280 --> 00:40:00,760
law enforcement, we're missing. There
could be a ding, there's a a

630
00:40:00,800 --> 00:40:05,480
linked A hit to codis like a
violent homicide or sexual assault, and it

631
00:40:05,480 --> 00:40:08,719
gets missed for whatever reason. And
so I'm working on some legislation in a

632
00:40:08,719 --> 00:40:14,440
few states to try to make an
accountability process so that within five days of

633
00:40:14,679 --> 00:40:17,360
finding the hit, the lab has
to inform and vice versa. Because things

634
00:40:17,400 --> 00:40:22,280
are just they're just so many loopholes, and we have great systems in place,

635
00:40:22,320 --> 00:40:24,599
and we do have great people doing
these jobs, and I've towarded some

636
00:40:24,679 --> 00:40:30,599
of the most fantastic labs in the
country. But we have to keep evolving

637
00:40:30,679 --> 00:40:35,039
because this means that people will not
have justice and they will sit when we

638
00:40:35,079 --> 00:40:37,320
can find solutions, we can find
answers, we can find the truth.

639
00:40:38,039 --> 00:40:43,639
Do you think the CODAS system is
irreparably broken? Is this too much damage

640
00:40:43,639 --> 00:40:49,079
to fix or is there a way
to make this system workable to the extent

641
00:40:49,119 --> 00:40:52,920
that we can get justice for everybody
who deserves it. I love CODAS because

642
00:40:52,920 --> 00:40:57,679
it's how I think my story is
a way of how it can work really

643
00:40:57,719 --> 00:41:00,920
well. Right, we know that
there are loops, but codis in itself

644
00:41:01,000 --> 00:41:07,000
is one of the most powerful tools
for law enforcement today. It's how we

645
00:41:07,039 --> 00:41:10,000
are solving it. But the more
we can enhance our DNA in the database,

646
00:41:10,039 --> 00:41:14,119
this is where the loophole is for
me. We have to continue to

647
00:41:14,199 --> 00:41:16,920
enhance the DNA in the database in
a just way. The more we continue

648
00:41:17,000 --> 00:41:20,400
to enhance the DNA in the database, the more hits we're gonna get.

649
00:41:20,599 --> 00:41:23,039
The right people will get the wrong
people up the street will also save money.

650
00:41:23,079 --> 00:41:25,920
This cares like to legislators. They
want to know why is this important?

651
00:41:27,400 --> 00:41:30,000
Doctor Jennifer Doli I did a great
study. She's on a lot of

652
00:41:30,000 --> 00:41:32,840
them. She's fantastic. If anyone
wants to study more on arresting legislation and

653
00:41:34,079 --> 00:41:37,800
the power of it, she's great. And she found that for every thirty

654
00:41:37,880 --> 00:41:40,760
so the swab samples of the kits
that you put into CODIS, they can

655
00:41:40,800 --> 00:41:45,559
cost between thirty five to fifty dollars, depending on the state. For every

656
00:41:45,599 --> 00:41:50,400
sample that's put into the CODIS,
we prevent er point five to seven crimes.

657
00:41:50,679 --> 00:41:53,679
Because of that crime prevention, the
taxpayer sees twenty seven thousand dollars in

658
00:41:53,719 --> 00:41:58,400
savings. I tell people, you
save money, you save lives. Come

659
00:41:58,440 --> 00:42:00,360
on, it's a way and you
give justice to people. But the problem

660
00:42:00,400 --> 00:42:05,280
is not Cotis the problem. Cotis
is fantastic in my opinion, But the

661
00:42:05,320 --> 00:42:08,920
problem is we are not getting the
DNA that we need in da Kotis.

662
00:42:09,000 --> 00:42:12,480
We're going to get more hits.
The more we get it in there,

663
00:42:12,599 --> 00:42:15,119
the more hits we're going to get. And tell me Jennifer's last name again,

664
00:42:15,159 --> 00:42:22,039
the person that authored the study,
doctor Jennifer Doliac dol Eac. She's

665
00:42:22,119 --> 00:42:27,559
fantastic. Do you know why the
rules for courtis seem to vary from state

666
00:42:27,639 --> 00:42:31,039
to state? Why do we not
have the same set of rules across all

667
00:42:31,119 --> 00:42:36,400
fifty states? That just seems like
that would be a really good place to

668
00:42:36,440 --> 00:42:39,039
start for all of us, so
that we're all on even footing. Let's

669
00:42:39,119 --> 00:42:44,400
all have the same rules for every
single state. What's the deal on that.

670
00:42:44,400 --> 00:42:46,000
That's a great question. State law. You have to do it state,

671
00:42:46,039 --> 00:42:51,320
but in UK they do it UK
it's federal and federally. If you're

672
00:42:51,400 --> 00:42:53,800
arrested for any crime at the federal
level like that, your DNA is taken,

673
00:42:53,880 --> 00:42:57,119
so it it's federally you are you
do that. You have to do

674
00:42:57,159 --> 00:43:00,599
this, but state to state,
I wish I had the end. I

675
00:43:00,599 --> 00:43:01,639
think a lot of the constituents,
okay, and maybe even a lot of

676
00:43:01,639 --> 00:43:05,880
listeners think, don't we already do
this? Don't we already collect in it?

677
00:43:05,880 --> 00:43:07,239
If you're arrested, don't you do
that? But no, we don't.

678
00:43:07,960 --> 00:43:12,360
It's a tough battle. It really
is still to see the map and

679
00:43:12,400 --> 00:43:15,360
to see so many states fighting to
not have DNA, which I think is

680
00:43:15,360 --> 00:43:20,320
a totally protected It's just it's a
great system. It can help eliminate racial

681
00:43:20,320 --> 00:43:22,400
bias because we're not talking. If
there's no coding information, it's not a

682
00:43:22,400 --> 00:43:27,360
photo way d I have a friend
James Tillman, James Calvin Tillman, if

683
00:43:27,360 --> 00:43:30,159
you want to look him up and
be inspired. But his story is horrible.

684
00:43:30,199 --> 00:43:32,800
We met at the California Department of
Justice speaking on the power of DNA.

685
00:43:34,320 --> 00:43:37,199
He was victimized in a way that
I can't imagine. He was a

686
00:43:37,239 --> 00:43:39,679
young boy. I think he was
like eighteen or nineteen and his mom was

687
00:43:39,719 --> 00:43:44,199
making a mistake and there's a knock
at the door and you hear him tell

688
00:43:44,199 --> 00:43:46,000
the story and it just breaks your
heart. The steak is sizzling and they

689
00:43:46,039 --> 00:43:49,519
say, mister Tillman, come with
us. You're arrested for the rape of

690
00:43:49,519 --> 00:43:52,519
this woman, and he says,
Mom, hold my steake, I didn't

691
00:43:52,519 --> 00:43:59,280
do it. Eighteen years later,
eighteen of his life. Actually, the

692
00:43:59,360 --> 00:44:01,320
man that committed the rape was imprisoned
at one time with them and knew that

693
00:44:01,360 --> 00:44:06,079
mister Tillman was serving time for this
rape. And this guy did it,

694
00:44:06,159 --> 00:44:09,199
okay. So eighteen years he wrote
a book on the power of conviction and

695
00:44:09,239 --> 00:44:12,960
faith and forgiveness. I don't know
how he did that, but the Connecticut

696
00:44:13,000 --> 00:44:16,760
Innocent Project kept pushing test the DNA
they hadn't tested it. Finally tested it

697
00:44:16,800 --> 00:44:21,599
and exonerated him. But after all
that time, he was the very first

698
00:44:21,599 --> 00:44:25,400
person to be exonerated by DNA in
the state of Connecticut. So this is

699
00:44:25,440 --> 00:44:29,000
what I'm saying. We have good
systems in place, but we are not

700
00:44:29,480 --> 00:44:32,880
utilizing them. There's so many loopholes
we have to fix them. Even recently

701
00:44:32,880 --> 00:44:38,079
in the Colonial Parkway murders. Our
big break came because a Sexual Assault Kit

702
00:44:38,199 --> 00:44:46,039
Initiative grant was applied for by the
Department of Forensic Science and the Virginia State

703
00:44:46,119 --> 00:44:51,800
Police, which is something we've been
asking for for a number of years.

704
00:44:52,599 --> 00:44:58,559
They finally get the grant. They
run the tests and they identify Alan Wade

705
00:44:58,599 --> 00:45:02,840
Wilmer Senior as the offender in one
of the double homicides in the Colonial Parkway

706
00:45:02,920 --> 00:45:07,800
murders. So Robin Edwards and David
Nobling's killer is identified, and then at

707
00:45:07,800 --> 00:45:14,039
the same time, in checking other
unsolved cases in the area, they discover

708
00:45:14,159 --> 00:45:19,639
that this man is also responsible for
the nineteen eighty nine murder of Teresa Howell.

709
00:45:20,159 --> 00:45:24,679
So this is another situation where if
we conduct DNA testing, we find

710
00:45:24,719 --> 00:45:30,920
that we can identify offenders and hopefully
more cases will be solved. This man's

711
00:45:30,960 --> 00:45:35,760
never going to prison. He died
in twenty seventeen. But as Kristin and

712
00:45:35,760 --> 00:45:40,920
I have said many times on the
podcast, getting answers is incredibly important when

713
00:45:40,960 --> 00:45:46,000
you've been waiting, in some cases
more than thirty years for answers in these

714
00:45:46,119 --> 00:45:52,400
unsolved homicides, incredibly important. And
I can't even imagine. I can't imagine

715
00:45:52,679 --> 00:45:58,079
just the pain of that. It's
unimaginable. I'm so sorry. And we

716
00:45:58,159 --> 00:46:00,119
might not be able to stop every
crimeer solve, but we can solve a

717
00:46:00,159 --> 00:46:05,159
lot of them by testing this evidence. We can the DNA is it's key,

718
00:46:06,239 --> 00:46:08,400
it's DNA is science, it's accurate, it's truth, and yes,

719
00:46:08,440 --> 00:46:12,440
you have to I had a great
you have to have the whole investigation with

720
00:46:12,519 --> 00:46:16,360
it. But it's such a good, solid system we have to continue to

721
00:46:16,400 --> 00:46:21,280
maximize it. We just do,
we will be able to close a lot

722
00:46:21,280 --> 00:46:24,079
of these cases out. So a
good example of this isn't with the arreste

723
00:46:24,119 --> 00:46:28,599
legislation. So Texas, my home
state, we in twenty nineteen when it

724
00:46:28,639 --> 00:46:31,519
got across, it was pretty divisive, honestly hard. It was hard to

725
00:46:31,559 --> 00:46:34,960
get past, and I was still
new, pretty new at the time to

726
00:46:35,039 --> 00:46:37,960
this. I still am in the
scheme of things. But you learn quick

727
00:46:37,000 --> 00:46:42,760
when you're thrown in the fire with
legislators. Let me tell you about So

728
00:46:43,320 --> 00:46:47,199
we got it across from twenty nineteen
for certain violent felonies and burglary. So

729
00:46:47,360 --> 00:46:52,000
in the first year of that we
closed over two hundred and thirty cases that

730
00:46:52,039 --> 00:46:55,320
were cold. Twenty twenty one,
fast forward, over six hundred and forty

731
00:46:55,679 --> 00:47:02,079
cases cold cases closed through this.
So we go back huge, So we

732
00:47:02,159 --> 00:47:06,880
go back. The proof is in
the numbers. We're saving lives, We're

733
00:47:06,880 --> 00:47:10,400
closing cases. A lot. We
solve violent homicides that were cold cases,

734
00:47:10,960 --> 00:47:15,559
sexual assaults of children. So you
see that it's working. You have an

735
00:47:15,639 --> 00:47:19,760
uprund investment from the state that we're
actually saving money because we're getting the right

736
00:47:19,840 --> 00:47:22,800
people, we're closing out the case. The time is the time that it

737
00:47:22,880 --> 00:47:25,599
is put into these cases and what
it costs. So we're doing that.

738
00:47:25,679 --> 00:47:30,679
Then we go back and I expected
to have because it's traditionally a little bit

739
00:47:30,719 --> 00:47:32,519
more. I don't know why,
it's more what do you say, has

740
00:47:32,519 --> 00:47:37,000
a little more drama behind it.
People fight over it, the DNA legislation.

741
00:47:37,119 --> 00:47:40,519
It just does. So I was
surprised and so grateful to see everyone

742
00:47:40,599 --> 00:47:45,119
voted it through. I didn't have
anyone come to testify against it. We

743
00:47:45,119 --> 00:47:49,239
were actually were allocated fourteen million dollars
in funding from Governor Abbott just to get

744
00:47:49,239 --> 00:47:52,400
this program launched because they saw that
it works. So the proof is in

745
00:47:52,440 --> 00:47:55,119
the system. Texas was a state
that cares tremendously. They still do with

746
00:47:55,159 --> 00:47:59,400
several liberties right, but this they
realize this is not affecting at all.

747
00:47:59,519 --> 00:48:01,920
In fact, we are closing cases, we're saving money, we're saving lives.

748
00:48:01,960 --> 00:48:07,039
Like it's a win. I love
to share that because it shows the

749
00:48:07,079 --> 00:48:09,800
proof it works. And that's why
I tell states that I try to get

750
00:48:09,800 --> 00:48:14,559
this legislation pass start here. Then
if anything start with certain violent felonies and

751
00:48:14,599 --> 00:48:15,880
burglars, we're still not going to
get them, all right, because they're

752
00:48:15,880 --> 00:48:21,360
doing my guy resisting the officer,
But you're going to start to get more

753
00:48:21,440 --> 00:48:22,880
and then people develop trust in the
system. They see it. We're going

754
00:48:22,920 --> 00:48:25,840
to give justice to people that are
waiting for it. It just it works

755
00:48:27,800 --> 00:48:30,440
ashually. This is amazing work that
you're doing. And obviously you have a

756
00:48:30,440 --> 00:48:36,599
lot of passion behind this, which
is so admirable. And I'm really in

757
00:48:36,639 --> 00:48:39,079
awe of you right now. What
is next for you in terms of projects?

758
00:48:39,119 --> 00:48:43,719
What to the next couple of months
and probably I'm imagining you're scheduled out

759
00:48:43,760 --> 00:48:47,159
the next couple of years looking like
for you, I'm just riding the wave

760
00:48:47,280 --> 00:48:52,719
of higher power you could have never
found. I could have never picked this

761
00:48:52,800 --> 00:48:55,400
out to be my life in the
first place. But I'm going to keep

762
00:48:55,440 --> 00:49:00,960
fighting. It's been an emotional legislative
session and that's why are so sweet,

763
00:49:00,000 --> 00:49:02,760
because you have to fight and lose. I lose a lot in this and

764
00:49:04,079 --> 00:49:06,280
it always breaks my heart a little
bit, to be honest, and it's

765
00:49:06,360 --> 00:49:07,880
raw and it's real and it can
be very lonely on the road, but

766
00:49:07,920 --> 00:49:13,760
I'm doing it. I hope one
day that we get your sister's perpetrator.

767
00:49:13,840 --> 00:49:15,480
That's going to be a life mission
of mine too, because they're good people

768
00:49:15,519 --> 00:49:19,400
out there fighting, and so I'm
going to keep up this fight wherever it

769
00:49:19,400 --> 00:49:23,000
takes me. Hopefully we'll have some
success with some states up north getting some

770
00:49:23,119 --> 00:49:27,840
legislation passed, and I'm just going
to keep trying to educate along the way.

771
00:49:29,079 --> 00:49:32,039
Ashley Spence of the DNA Justice Project, thank you so much for joining

772
00:49:32,159 --> 00:49:38,000
us today and sharing your story.
It is very painful, but so ultimately

773
00:49:38,039 --> 00:49:40,880
heartening and inspiring. So thank you
for taking the time to be with us

774
00:49:40,880 --> 00:49:45,079
today. It is my true honor. Thank you so much. And where

775
00:49:45,079 --> 00:49:49,440
can we find you online if we're
more, if we're interested in learning more

776
00:49:49,480 --> 00:49:52,119
about the DNA Justice Project. Yes, I have. I'm a one woman

777
00:49:52,199 --> 00:49:58,119
show, so I don't judge.
I have a website DNA Justice Project dot

778
00:49:58,239 --> 00:50:00,599
org. Social media. I do
that and I do more updated on what's

779
00:50:00,639 --> 00:50:04,760
going on legislatively, news and things
of that nature, and you can follow

780
00:50:04,800 --> 00:50:07,239
me there as well. I would
be really grateful. And that's about it,

781
00:50:08,000 --> 00:50:12,119
all right. Ashley. Thank you
so much. Thank y'all so much

782
00:50:12,159 --> 00:50:15,280
for joining us for this episode of
mind Ever Murder. We'll see you next

783
00:50:15,280 --> 00:50:30,239
time. Mind Over Murder is a
production of Absolute Zero and Another Dog Productions.

784
00:50:30,800 --> 00:50:36,559
Our executive producers are Bill Thomas and
Kristin Dilley. Our logo art is

785
00:50:36,599 --> 00:50:42,039
by Pamela Arnois. Our theme music
is by Kevin McLoud. Mind Over Murder

786
00:50:42,159 --> 00:50:46,480
is distributed in partnership with Coral Space
Media. You can follow us on Facebook,

787
00:50:46,639 --> 00:50:51,360
Twitter, or Instagram. You can
also follow our page on the Colonial

788
00:50:51,400 --> 00:50:55,199
Parkway Murders on Facebook, and finally, you can follow Bill Thomas on Twitter

789
00:50:55,280 --> 00:51:02,960
at Bill Thomas. Five six.
Thank you for listening to mind Over Murder.
