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<v Speaker 5>Play Block Talk Radio.

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<v Speaker 6>You are now listening to True Murder, The most shocking

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<v Speaker 6>killers in true crime history and the authors that have

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<v Speaker 6>written about them Gasey Bundy, Dahmer, The Nightstalker DTK. Every

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<v Speaker 6>week another fascinating author talking about the most shocking and

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<v Speaker 6>infamous killers in true crime history. True Murder with your host,

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<v Speaker 6>journalist and author Dan Zufanski. On September twelfth, two thousand

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<v Speaker 6>and one, Michelle Harris went missing from a small town

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<v Speaker 6>in upstate New York. She has never been found, and

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<v Speaker 6>the mystery surrounding her disappearance remains. Four years after she

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<v Speaker 6>went missing, her wealthy husband Cal Harris was arrested in

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<v Speaker 6>charge with her murder, with neither a body nor a

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<v Speaker 6>murder weapon. Cow was shockingly tried and convicted of her murder.

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<v Speaker 6>Then new evidence surfaced. His conviction was overturned and a

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<v Speaker 6>new trial granted. But once again he was convicted and

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<v Speaker 6>sentenced at twenty five years to life in prison. That conviction, too,

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<v Speaker 6>was overturned on appeal. The saga continued as Caw went

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<v Speaker 6>on trial for the third time. This one ended in

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<v Speaker 6>a mistrial. By the time Cal went on trial, the

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<v Speaker 6>fourth time Michelle had been missing for nearly fifteen years.

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<v Speaker 6>Defense investigator David M. Beers worked on the Cal Harris

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<v Speaker 6>case from stuff to finish. His account, Rain of Injustice

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<v Speaker 6>walks you through the details and events of the case

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<v Speaker 6>never before revealed. It provides an inside view of the

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<v Speaker 6>scandalous case, facts that you will not find elsewhere, including

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<v Speaker 6>why he considers Cal's story a rain of Injustice. The

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<v Speaker 6>book that we're featuring this evening is Rain of Injustice,

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<v Speaker 6>The Cal Harris Story with my special guest journalist, author,

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<v Speaker 6>and special investigator, David M.

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<v Speaker 7>Beers. Welcome to the program, and thank you very much

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<v Speaker 7>for agreeing to this interview. David M.

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<v Speaker 8>Beers. Yeah, well, thanks for having me. I've been looking

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<v Speaker 8>forward to the interview.

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<v Speaker 7>Thank you very much. Incredible tale. I had not known

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<v Speaker 7>of this before. This is an amazing tale, Rain of Injustice.

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<v Speaker 7>Let's go right as you do in this book. Here

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<v Speaker 7>to Owego, New York and Cal Harris and the two

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<v Speaker 7>automobile dealership city owns. And of course it's set in

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<v Speaker 7>nine to eleven, two thousand and one, So tell us

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<v Speaker 7>a little bit about Cal Harris, his background. Where Owego,

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<v Speaker 7>New York is specifically tell us give us a little

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<v Speaker 7>bit of background, as you do in this book.

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<v Speaker 8>Okay Owego, New York is in Tioga County, New York,

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<v Speaker 8>which is in south central New York, just above the

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<v Speaker 8>Pennsylvania border, right between the cities of Binghamton to the

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<v Speaker 8>east and Elmira to the west. Allego's just a little village,

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<v Speaker 8>and Taga County itself is a rather small county population wise,

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<v Speaker 8>only about fifty one thousand people. There are no cities,

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<v Speaker 8>so the county seat is right in the little village

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<v Speaker 8>of Oligo. It's kind of nestled right in along the

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<v Speaker 8>north side of the Susquehanna River, just west of the

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<v Speaker 8>village in the town of Tioga, another small township. Cal

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<v Speaker 8>Harris and his older brother Kevin owned two car dealerships.

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<v Speaker 8>Cal owned Royal Ford on the south side of the

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<v Speaker 8>highway and his brother Kevin owned and operated Royal Chrysler

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<v Speaker 8>to the north. But Cal also owned another Royal Chevrolet

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<v Speaker 8>dealership up in Courtland, New York, which is about forty

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<v Speaker 8>five minutes north of Oligo. They've been in business for

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<v Speaker 8>several years. The Royal Auto Group was started by Cal's

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<v Speaker 8>father Dwight Harris. He was a pretty popular entrepreneurial business

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<v Speaker 8>tycoon in Tioga County, darting many business enterprises before going

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<v Speaker 8>into the automobile business. And then when his sons, after

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<v Speaker 8>they were educated in college or whatever, he groomed them

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<v Speaker 8>into the automobile dealership business, and later they took over

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<v Speaker 8>the day to day operations. So that kind of sets

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<v Speaker 8>the stage for what Cal was. Cal was born and

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<v Speaker 8>raised in a kind of an upper middle class home,

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<v Speaker 8>went to high school in vest of New York. He's

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<v Speaker 8>a very handsome young man, very talented athlete, became a

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<v Speaker 8>star lacrosse player, and then he went on to college.

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<v Speaker 8>I believe he played lacrosse in college as well. He

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<v Speaker 8>studied business and economics, and then, like I said, he

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<v Speaker 8>was groomed into the family automobile dealership. He was kind

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<v Speaker 8>of thrust into the position a little prematurely after his

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<v Speaker 8>father had a heart attack and he and he found

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<v Speaker 8>himself supervising people who were his parents' age. So it

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<v Speaker 8>was a little awkward for him, so he had to

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<v Speaker 8>he had to learn the ropes rather quickly. His wife,

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<v Speaker 8>Michelle Uh, she grew up in a kind of a

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<v Speaker 8>lower middle class neighborhood just just west of Aligo in

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<v Speaker 8>the little town of Tioga, UH. She was like four

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<v Speaker 8>years younger than Cal. H. She went to Tiga High

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<v Speaker 8>School and then after high school she went to Morrisville

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<v Speaker 8>UH College in New York UH. And then when she

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<v Speaker 8>when she finished her education, she went to work for

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<v Speaker 8>the Royal Auto Group in Oligo. And it was there

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<v Speaker 8>that that Cal met Michelle Uh and they hit it

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<v Speaker 8>off right away. They was like love at first sight.

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<v Speaker 8>She was gorgeous UH, kind of head turning, attractive, very personable,

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<v Speaker 8>fun loving, and they hit it off immediately started dating,

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<v Speaker 8>moved in together, and then within about four years they

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<v Speaker 8>got married. I believe it was nineteen ninety and it

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<v Speaker 8>was from a lakeside ceremony at a lake some lake

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<v Speaker 8>property that Cal and his father had owned in the

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<v Speaker 8>town of Spencer, several miles north of Ouigo. And then

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<v Speaker 8>after they got married, Cal built Michelle a beautiful lakeside home,

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<v Speaker 8>half million dollars half million dollar home on the lake,

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<v Speaker 8>and it was in a really remote area. You couldn't

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<v Speaker 8>even see their house from the road or the road

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<v Speaker 8>from the house. And it was two hundred and fifty

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<v Speaker 8>acres plus of just wilderness area, most of which was

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<v Speaker 8>all densely wooded. There were a few open fields in

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<v Speaker 8>the lake, of course, in a pond. UH. But they,

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<v Speaker 8>you know, they spent a considerable amount of time, you know,

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<v Speaker 8>entertaining family and friends, you know, UH snowmobiling, hay rides, swimming, fishing, hunting,

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<v Speaker 8>riding ATVs uh and that that was an enjoyable part

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<v Speaker 8>of their life. And then they uh along the way

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<v Speaker 8>they had They had four children in a relatively short

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<v Speaker 8>period of time. In fact, at the time that this

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<v Speaker 8>that Michelle disappeared, their oldest child, Taylor, was only seven,

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<v Speaker 8>and the youngest four, Tanner, was only eighteen months old.

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<v Speaker 8>So you can see how closely they were in age

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<v Speaker 8>at the time. So that kind of lays the groundwork

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<v Speaker 8>for a little bit of history on on Cal and

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<v Speaker 8>Michelle and how they met and started living together and

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<v Speaker 8>then got married. And I guess I should also add that,

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<v Speaker 8>you know, trouble started brewing in the marriage uh at

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<v Speaker 8>some point in time, and it only got worse when

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<v Speaker 8>Michelle discovered that Cal was having an affair. But on

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<v Speaker 8>mandown'st to Cal, she Michelle was having an affair as well,

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<v Speaker 8>and she had started seeing and dating a man and

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<v Speaker 8>uh for like six months. Uh and onbeknownst to to

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<v Speaker 8>Cal at the time, and she started going on weekend

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<v Speaker 8>rendezvous with him in the Poconots. They were using pin

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<v Speaker 8>number calling cards to call each other the other to

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<v Speaker 8>keep their relationship secret. And then at some point her

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<v Speaker 8>this boyfriend, uh, you know, he fell head over heels

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<v Speaker 8>for Michelle and he packed his bags. He was from

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<v Speaker 8>philadel Yeah, he packed his bags, left his girlfriend, his family,

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<v Speaker 8>his job, and moved up to New York and found

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<v Speaker 8>an apartment in a job to be near Michelle, with

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<v Speaker 8>expectations of getting married, even though that wasn't He didn't

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<v Speaker 8>have this Michelle did not have the same expectations. So anyway,

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<v Speaker 8>that kind of sets the stage a little background.

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<v Speaker 7>Ah, what was the living arrangement and what was the

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<v Speaker 7>in terms of the divorce that they you know, that

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<v Speaker 7>was imminent, what was where was the state of proceedings

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<v Speaker 7>at that point? Tell us the living conditions and where

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<v Speaker 7>they were at. He knew about she had a job

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<v Speaker 7>as well at this waitress newly new job at this

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<v Speaker 7>as a waitress at this place called Lefties, and also

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<v Speaker 7>talk about the breast implant implants that she had recently

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<v Speaker 7>gotten as well.

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<v Speaker 8>Yeah, we're trying to think that. I think it was

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<v Speaker 8>January of two thousand and one that Michelle filed for divorce.

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<v Speaker 8>Cal did not take it well. There were a lot

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<v Speaker 8>of heated arguments which got rather nasty at times, according

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<v Speaker 8>to you know, some witnesses who overheard those arguments, but

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<v Speaker 8>none of the witnesses that had ever noticed anything physical.

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<v Speaker 8>It was all you know, verbal altercations. In fact, one

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<v Speaker 8>of their adult babysitters, you know, described some of the

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<v Speaker 8>arguments and said that, you know, Michelle could hold her

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<v Speaker 8>own and she could be as verbally abusive to Cal

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<v Speaker 8>as he was to her, and other people you know

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<v Speaker 8>said similar things. But at some point in time, actually

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<v Speaker 8>I think it was early March or April two thousand

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<v Speaker 8>and one, Shell decided to take a job as a

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<v Speaker 8>waitress at a somewhat lower class bar restaurant down in Waverley,

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<v Speaker 8>New York, which is probably a twenty minute drive for

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<v Speaker 8>her to get to work, and she was telling family

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<v Speaker 8>and friends that the reason she took the job was

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<v Speaker 8>because Cal had cut her off financially, which which turned

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<v Speaker 8>out to be not true. You know, the records later

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<v Speaker 8>indicated that Cal was paying her like four hundred dollars

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<v Speaker 8>a week, plus he was still giving her a dealership

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<v Speaker 8>car to use free free gas anytime she needed at

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<v Speaker 8>the dealership. And we later we later learned that the

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<v Speaker 8>real reason she took the job wasn't because she needed

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<v Speaker 8>the money. It was because she didn't want to go home.

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<v Speaker 8>She didn't want to be home and argue with Cal,

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<v Speaker 8>so she wanted to distance herself from him, plus had

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<v Speaker 8>more time to socialize with her new boyfriend.

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<v Speaker 5>Uh.

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<v Speaker 8>And then somewhere along the line, I'm not sure the

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<v Speaker 8>exact timeframe, but but after she'd already had four children,

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<v Speaker 8>she she went out and had a breasting plant augmentation

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<v Speaker 8>job done. And according to some witnesses I talked to,

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<v Speaker 8>you know, she went from a from an A cup

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<v Speaker 8>to a C cup And then they used to make

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<v Speaker 8>fun of her a little bit in conversation. But probably

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<v Speaker 8>the most bizarre thing about that was that after she

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<v Speaker 8>did that, it became kind of the talk of the

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<v Speaker 8>town and U she was actually flaunting it and uh

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<v Speaker 8>uh And at times she would she would flash her

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<v Speaker 8>breasts in front of other men, even in public, uh,

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<v Speaker 8>at the dealerships or in a bar and Uh. In fact,

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<v Speaker 8>one one witness I talked to UH had actually seen

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<v Speaker 8>her do it in front of a guy at at

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<v Speaker 8>a bar down in Waverley. After after she got out

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<v Speaker 8>of work and went to this bar. She you know,

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<v Speaker 8>she flashed her chest and he remembered scolding her for that,

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<v Speaker 8>telling her that she was just encouraging these creeps. But

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<v Speaker 8>that didn't stop her. Uh. And in fact, it went

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<v Speaker 8>as far as you know, some of these men that

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<v Speaker 8>she had flashed her breast to it also asked her

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<v Speaker 8>if they could feel what they were like because they

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<v Speaker 8>never felt implants before, and she let him do it.

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<v Speaker 4>Uh.

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<v Speaker 8>And I just thought that was pretty bizarre. But Michelle

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<v Speaker 8>was just very trusting, and I think she saw all

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<v Speaker 8>of this as just a fun, loving way of getting attention,

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<v Speaker 8>and I don't think she realized that she was making

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<v Speaker 8>herself vulnerable to what these guys might have had in mind.

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<v Speaker 7>Now, tell us who Barb Thayer is and her role

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<v Speaker 7>in the story so far, not to get.

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<v Speaker 8>Anything away, Bob, Yeah, Barb Fair was Calum Michelle's adult babysitter.

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<v Speaker 8>Barb Fair was probably in her early mid fifties, a

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<v Speaker 8>sweet little lady who gray hair. I met her and

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<v Speaker 8>interviewed her early in the investigation, and that's when I

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<v Speaker 8>learned about the arguments that she'd overheard and how they.

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<v Speaker 4>Got Judy was born.

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<v Speaker 5>Hello.

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<v Speaker 4>Then Judy discovered chumbacasino dot com.

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<v Speaker 5>It's my little escape.

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<v Speaker 4>Now Judy is the life of the party. Oh baby,

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<v Speaker 4>mama is bringing home the bacon. WHOA, Take it.

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<v Speaker 9>Easy, Judy.

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<v Speaker 4>The Chumba life is for everybody. So go to chumpacasino

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00:16:57.759 --> 00:17:00.480
<v Speaker 4>dot com and play over one hundred casinos tying games

242
00:17:00.639 --> 00:17:02.960
<v Speaker 4>joined today and playing for free for your chance to

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00:17:03.039 --> 00:17:08.920
<v Speaker 4>redeem some serious prices. Jump a casino dot com comitted

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00:17:09.640 --> 00:17:10.319
<v Speaker 4>turn the condition.

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<v Speaker 8>To nasty and vulgar at times, and she she'd worked

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<v Speaker 8>for Calum Michelle for for several years, babysitting and doing

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<v Speaker 8>a house cleaning, laundry, that type of thing. And uh,

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<v Speaker 8>it was Barb there who who first discovered Michelle's van

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<v Speaker 8>at the end of the Harris driveway on the morning

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<v Speaker 8>that she was reported missing. Backing up just a little

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<v Speaker 8>bit the night before, cal had come home from work

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<v Speaker 8>around six point thirty from his office in Courtland. He

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<v Speaker 8>usually works in Courtland on Tuesdays, and he'd called Barb

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<v Speaker 8>ahead a time around five point thirty, said, I'm wrapped

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<v Speaker 8>up here. I'll be home in about an hour, and

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<v Speaker 8>he was, and as soon as he got home, she left,

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<v Speaker 8>and Cal, you know, played with the kids for a while,

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<v Speaker 8>but it was a school night, so we put in

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<v Speaker 8>the bed about eight o'clock, and then he worked in

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<v Speaker 8>his office for a while and then went to bed

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<v Speaker 8>himself around ten ten thirty. And then when he got

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<v Speaker 8>up in the morning, he showered and got dressed for work,

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<v Speaker 8>and he went downstairs, assuming that Michelle would be there,

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<v Speaker 8>you know, getting the kids up and ready for school,

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<v Speaker 8>because prior to that you had mentioned what the living

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<v Speaker 8>arrangements were. They were still living in the same marital

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<v Speaker 8>home while the divorce was pending. But Michelle was sleeping

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<v Speaker 8>in the family room downstairs and Cal was sleeping in

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<v Speaker 8>the bedroom upstairs. So during that period of time, you know,

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<v Speaker 8>when Michelle came home from work, she would sleep in

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<v Speaker 8>the family room, but then she would get up and

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<v Speaker 8>take care of her mother responsibilities regarding the children, getting

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<v Speaker 8>them ready for school. But when Cale went down the

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<v Speaker 8>stairs that morning on the morning of the twelve, she

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<v Speaker 8>wasn't there, and and he peeked out in the garage

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<v Speaker 8>and her van was not there, so at that time

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<v Speaker 8>he knew she had a boyfriend and she He just

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<v Speaker 8>assumed that she was still with him and running late.

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<v Speaker 8>But because he wanted to stay on schedule and get

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<v Speaker 8>to work on time and get the kids to school

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<v Speaker 8>on time, he needed some help, so he called Barb Thayer.

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<v Speaker 8>She wasn't scheduled to come over till later, but anyway,

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<v Speaker 8>he called Barb Theayre like at seven in the morning

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<v Speaker 8>and explained that Michelle hadn't come home. So Fayer agreed

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<v Speaker 8>to come over and give them a hand. So a

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<v Speaker 8>few minutes later, she leaves her house, comes over, and

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<v Speaker 8>when she arrives at the end of the Harris driveway,

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<v Speaker 8>which I mentioned earlier you can't see from the house

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<v Speaker 8>because it's the driveways like a quarter quarter mile long. Anyway,

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<v Speaker 8>she stops. Michelle's van parked right in the nose of

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<v Speaker 8>the driveway, so she stops, gets out, looks through Michelle's van.

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<v Speaker 8>The door was on lock, the key was in the ignition,

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<v Speaker 8>so she opens up the driver's door, looks around, and

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<v Speaker 8>then she goes in the back, lifts up the tailgate,

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00:20:31.400 --> 00:20:35.359
<v Speaker 8>looks around. No sign of Michelle, so she gets back

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<v Speaker 8>in the car and drives into the house, walks in

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<v Speaker 8>and she's Cal. He's dressed ready for work, and she said,

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<v Speaker 8>you know, is Michelle Cal? She says, as Michelle home

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<v Speaker 8>and tell says, no, I told you she didn't come home.

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<v Speaker 8>He says, well, I just saw her van out the

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<v Speaker 8>end of the driveway. So they both start speculating as

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<v Speaker 8>to what might have happened. You know, did she uh

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<v Speaker 8>stop there and and and park the car and go

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<v Speaker 8>out with somebody else, or did she just uh wander

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<v Speaker 8>off that They really didn't know, so anyway, finally Cal says, well,

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<v Speaker 8>we better go get it. You better go get her van.

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<v Speaker 8>So he drives Barbed Player out to the end of

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<v Speaker 8>the driveway. They both looked through the van again, and

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<v Speaker 8>then Barbedlayer drives Michelle's van back into the house and

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<v Speaker 8>parks it in the garage where she normally would And

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<v Speaker 8>then they're they're looking through the van to look for

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<v Speaker 8>the kids book bags and that type of thing to

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<v Speaker 8>get him ready for school. And you know, Cal makes

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<v Speaker 8>the comment of how messy the van looked, and he

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<v Speaker 8>said that, you know, we better get this down to

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<v Speaker 8>the dealership where I can get it serviced, which is overdue,

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<v Speaker 8>and and and and clean it out. It's a mess.

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<v Speaker 8>At the time, barbed their I thought that was a

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<v Speaker 8>little unusual under the circumstances, right, But but they didn't

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<v Speaker 8>do that. They didn't do that.

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<v Speaker 9>Uh.

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<v Speaker 8>Cal took the three oldest kids uh in his truck

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<v Speaker 8>and and took him to a weego and got him

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<v Speaker 8>to school, and then he went to work at the dealership.

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<v Speaker 8>They're only a couple of minutes apart. Uh and and

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<v Speaker 8>Barb Thayer stayed where the youngest went at home. And

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<v Speaker 8>then so in the meantime, Barb Fair gets a telephone

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<v Speaker 8>call from Michelle's best friend, Nicky Nicky Verdict looking for Michelle. Well, Uh,

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<v Speaker 8>barb Fair explains the whole story and and and Nicky

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<v Speaker 8>said that, well, she's supposed to have an appointment with

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<v Speaker 8>their attorney today. I better call him. So she did.

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<v Speaker 8>And then Uh the attorney calls the state police and

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<v Speaker 8>and and sets up a conference call between himself and

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<v Speaker 8>Nicky Burdick and the state police. And they explained the situation,

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<v Speaker 8>and the attorney requested that they start a missing person case,

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<v Speaker 8>which they did. They launched it within an hour, which

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00:23:13.119 --> 00:23:16.799
<v Speaker 8>is in itself, it's pretty unusual. You know, most people

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00:23:16.799 --> 00:23:19.359
<v Speaker 8>are told, you know, you got to wait twenty four hours. Well,

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00:23:19.359 --> 00:23:22.599
<v Speaker 8>they didn't wait twenty four hours. They felt something was

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<v Speaker 8>wrong and they started their investigation right away. So less

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<v Speaker 8>than an hour later, you know, two state police investigators

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00:23:30.480 --> 00:23:34.559
<v Speaker 8>are walking into Cal's office at his dealership to ask

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<v Speaker 8>him some questions about about Michelle and what he could

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<v Speaker 8>tell him, and he he cooperated with him fully talked

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<v Speaker 8>to them for a length of time, and then he

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<v Speaker 8>escorted them out to his house, showed him where Michelle's

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00:23:50.279 --> 00:23:54.160
<v Speaker 8>van was parked, and then it took him into the

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<v Speaker 8>house and they looked through the van and then they uh,

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<v Speaker 8>I need to get back to work, uh, And he

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<v Speaker 8>left them there to do their thing, and in which

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<v Speaker 8>they did, and they towed Michelle's van back into the

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00:24:08.559 --> 00:24:11.759
<v Speaker 8>state police barracks so they could take a closer look, uh.

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<v Speaker 8>And then they went back uh and interviewed Cal some

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<v Speaker 8>more so that that kind of gives you a rough

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<v Speaker 8>synopsis of of what what took place and and how

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<v Speaker 8>was how it was determined that uh, Michelle was missing.

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<v Speaker 7>Now you talk about uh Stan Draisen, the divorce divorce lawyer,

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<v Speaker 7>and so he reached out to state police.

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<v Speaker 8>You said, now, who did he need to No, no, no, no,

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<v Speaker 8>not stanras Stan Draisen was Cal's attorney. Uh, Michelle Michelle's

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<v Speaker 8>attorney was Robert Miller, right part from yes he so

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<v Speaker 8>so just yeah, just so we can clarify that. Yeah,

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<v Speaker 8>Robert Miller had an office down in Waverley, and she

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<v Speaker 8>had she had retained him, uh to work on the divorce.

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<v Speaker 8>So he was the one that was called when it

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<v Speaker 8>was discovered that Michelle was missing, and he was the

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<v Speaker 8>one that called the state police.

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<v Speaker 7>Now how did state police proceed with this with her disappearance?

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<v Speaker 8>Like I said, they proceeded rather quickly, less than an hour.

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<v Speaker 8>The investigators were at Cal's office and then up to

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<v Speaker 8>his house and then he left them up there to

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<v Speaker 8>do whatever they felt they needed to do. He actually

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00:25:30.799 --> 00:25:35.680
<v Speaker 8>gave them a written consent to search his house and

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<v Speaker 8>his surrounding property, his truck, Michelle's van, whatever they needed.

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<v Speaker 8>He even turned over phone records, business records, home computer.

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<v Speaker 8>There was a call on the answering machine that he

377
00:25:55.200 --> 00:25:59.720
<v Speaker 8>saved for them, thinking it might be helpful, and so

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00:25:59.839 --> 00:26:04.640
<v Speaker 8>he was very cooperative. But after he went back to

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<v Speaker 8>work that day, they stayed there. The State police stayed

380
00:26:07.880 --> 00:26:12.119
<v Speaker 8>there and were looking through the house and around the property,

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00:26:13.359 --> 00:26:18.359
<v Speaker 8>and then they started calling in for help to do

382
00:26:19.039 --> 00:26:23.680
<v Speaker 8>more thorough search. They called the New York State Forest Rangers,

383
00:26:24.119 --> 00:26:28.359
<v Speaker 8>they called for the helicopter, they called for divers, they

384
00:26:28.480 --> 00:26:33.680
<v Speaker 8>called for cadaver dogs. So there was a whole contingent

385
00:26:33.880 --> 00:26:38.920
<v Speaker 8>of search efforts put in place to try to find Michelle.

386
00:26:41.720 --> 00:26:44.640
<v Speaker 8>But it didn't all happen that first day. They were

387
00:26:44.680 --> 00:26:51.160
<v Speaker 8>actually there from I'm going to say late morning until

388
00:26:52.200 --> 00:26:56.240
<v Speaker 8>dinner time looking for Michelle, maybe six hours, and they

389
00:26:56.279 --> 00:26:59.359
<v Speaker 8>didn't find anything at all. So they packed up and left,

390
00:27:00.720 --> 00:27:04.440
<v Speaker 8>and then Cal found out that they were done, so

391
00:27:04.559 --> 00:27:08.039
<v Speaker 8>he picked up, picked up the kids, and he'd originally

392
00:27:08.119 --> 00:27:09.960
<v Speaker 8>take him to dinner, but then he took him home

393
00:27:10.000 --> 00:27:13.400
<v Speaker 8>and the state police were gone, so he remained at

394
00:27:13.400 --> 00:27:17.559
<v Speaker 8>home that evening and a couple of family members showed

395
00:27:17.640 --> 00:27:22.640
<v Speaker 8>up to offer their support. And but the next day

396
00:27:25.799 --> 00:27:29.279
<v Speaker 8>the police were back then and they started putting together

397
00:27:29.400 --> 00:27:33.640
<v Speaker 8>this this massive search detail, bringing in all those entities

398
00:27:33.720 --> 00:27:38.559
<v Speaker 8>that I just just mentioned, and then they spent the

399
00:27:38.680 --> 00:27:45.359
<v Speaker 8>next uh It eventually led to them getting a search warrant. Originally,

400
00:27:45.400 --> 00:27:48.880
<v Speaker 8>they were working under the written consent that Cal had

401
00:27:48.920 --> 00:27:54.079
<v Speaker 8>given them. But then one of the forensic investigators were

402
00:27:54.319 --> 00:27:58.039
<v Speaker 8>actually there's a team of two. They went in to

403
00:27:58.119 --> 00:28:00.200
<v Speaker 8>take a little closer look inside the house and they

404
00:28:00.279 --> 00:28:02.519
<v Speaker 8>and while they were there, they found some specs of blood,

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00:28:03.440 --> 00:28:07.880
<v Speaker 8>tiny specs of blood on the garage, initially on the

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00:28:08.240 --> 00:28:11.279
<v Speaker 8>on the wall in the garage and on the entryway

407
00:28:12.559 --> 00:28:16.000
<v Speaker 8>to the kitchen from the garage. So they halted their

408
00:28:16.400 --> 00:28:19.680
<v Speaker 8>their assessment and applied for a search warrant, which which

409
00:28:19.720 --> 00:28:23.480
<v Speaker 8>is exactly what should have been done. So everybody cleared

410
00:28:23.519 --> 00:28:26.839
<v Speaker 8>out and they they posted sentries at the door to

411
00:28:26.960 --> 00:28:28.119
<v Speaker 8>preserve the scene.

412
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<v Speaker 9>And.

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<v Speaker 8>And the next day they were back with a full

414
00:28:33.640 --> 00:28:39.279
<v Speaker 8>contingent looking for for further evidence. And it was then

415
00:28:39.319 --> 00:28:41.599
<v Speaker 8>when they found in the next couple of days they

416
00:28:41.640 --> 00:28:46.039
<v Speaker 8>found some additional blood on the garage floor, but it

417
00:28:46.119 --> 00:28:53.799
<v Speaker 8>was still very very tiny, a centimeter or less at most,

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00:28:54.279 --> 00:28:56.559
<v Speaker 8>so you know, about eighth of an inch, really tiny.

419
00:28:58.440 --> 00:29:02.200
<v Speaker 8>But the interesting thing was they, uh, they they took

420
00:29:02.279 --> 00:29:06.240
<v Speaker 8>some random samples and field tested them, uh, and they

421
00:29:06.319 --> 00:29:12.079
<v Speaker 8>came back positive for blood. Even though a field test

422
00:29:12.200 --> 00:29:17.240
<v Speaker 8>is only positive for blood period it's not it could

423
00:29:17.279 --> 00:29:20.400
<v Speaker 8>be it doesn't. It's not species specific, so it could

424
00:29:20.440 --> 00:29:24.200
<v Speaker 8>be animal blood or human blood, so you won't know

425
00:29:24.359 --> 00:29:30.119
<v Speaker 8>further until you test it further. But anyway, those early

426
00:29:30.240 --> 00:29:34.039
<v Speaker 8>presumptive tests, they never photographed the areas that were tested.

427
00:29:34.119 --> 00:29:38.319
<v Speaker 8>They never documented it, uh, which which was very unfortunate

428
00:29:38.359 --> 00:29:41.599
<v Speaker 8>and it was kind of a violation of crime scene protocol.

429
00:29:43.319 --> 00:29:47.119
<v Speaker 8>But but the interesting thing was they they waited it

430
00:29:47.240 --> 00:29:50.200
<v Speaker 8>was like four days after Michelle went missing before they

431
00:29:50.279 --> 00:29:55.559
<v Speaker 8>started to photograph the blood well, which which was very

432
00:29:55.640 --> 00:29:59.079
<v Speaker 8>detrimental because the whole the whole issue that came up

433
00:29:59.200 --> 00:30:03.039
<v Speaker 8>later was the uh it's not only the volume of

434
00:30:03.160 --> 00:30:06.000
<v Speaker 8>blood was small, but the but the age of the

435
00:30:06.039 --> 00:30:12.119
<v Speaker 8>blood that that became crucial because there was there wasn't

436
00:30:12.200 --> 00:30:15.559
<v Speaker 8>a sufficient volume there to suggest that somebody had been

437
00:30:15.960 --> 00:30:18.960
<v Speaker 8>seriously injured or killed and and that so now the

438
00:30:19.039 --> 00:30:22.839
<v Speaker 8>age of the blood becomes important. And and they were

439
00:30:22.880 --> 00:30:26.599
<v Speaker 8>not really able to do that, uh, to age the blood,

440
00:30:27.000 --> 00:30:31.079
<v Speaker 8>uh because it was dry, it wasn't fresh, so there

441
00:30:31.200 --> 00:30:34.640
<v Speaker 8>was no way to determine how old the blood was.

442
00:30:34.799 --> 00:30:38.920
<v Speaker 8>So uh, an innocent explanation easily presented itself, but they

443
00:30:39.440 --> 00:30:43.200
<v Speaker 8>they kind of ignored that and uh, you know, and

444
00:30:43.319 --> 00:30:46.160
<v Speaker 8>proceeded as if that was evidence of of a crime.

445
00:30:48.559 --> 00:30:51.000
<v Speaker 7>Now at the same time you write that he is

446
00:30:51.119 --> 00:30:55.799
<v Speaker 7>not charged despite their suspicions and their beliefs, and he

447
00:30:56.000 --> 00:30:59.960
<v Speaker 7>hires us I. As you mentioned, Stan Dresen is his attorney,

448
00:31:00.759 --> 00:31:08.279
<v Speaker 7>and cal also got Joseph P. Cowley. Yes, Now tell

449
00:31:08.319 --> 00:31:11.759
<v Speaker 7>me about Joseph P. Colly and your relationship to him

450
00:31:11.799 --> 00:31:14.000
<v Speaker 7>and how you got involved in this case.

451
00:31:16.000 --> 00:31:21.359
<v Speaker 8>Okay. I Prior to this case, I had an ongoing

452
00:31:21.880 --> 00:31:27.680
<v Speaker 8>working relationship with attorney Joe Colly for for several years.

453
00:31:28.599 --> 00:31:32.000
<v Speaker 8>I'd been doing defense work for him for several years.

454
00:31:35.200 --> 00:31:36.480
<v Speaker 8>He was very good at what he did. He was

455
00:31:36.559 --> 00:31:41.839
<v Speaker 8>a very highly respected defense attorney in neighboring bloom County,

456
00:31:41.880 --> 00:31:50.279
<v Speaker 8>New York. And when when the police started questioning cal

457
00:31:52.240 --> 00:31:54.599
<v Speaker 8>More and more and more, you know, he was keeping

458
00:31:54.839 --> 00:31:58.759
<v Speaker 8>his business attorney advised of what was going on. And

459
00:31:58.839 --> 00:32:01.640
<v Speaker 8>then it reached a point where where they finally asked

460
00:32:01.720 --> 00:32:07.640
<v Speaker 8>him to to take a polygraph exam. And initially he

461
00:32:07.759 --> 00:32:10.640
<v Speaker 8>responded right away, yeah, I'd be glad to, but he said,

462
00:32:10.720 --> 00:32:13.319
<v Speaker 8>my attorney, you know, you know, wanted me to let

463
00:32:13.400 --> 00:32:15.599
<v Speaker 8>him know if there are any legal issues came up.

464
00:32:15.720 --> 00:32:19.160
<v Speaker 8>So he called it his attorney, Stan Drayson at the time,

465
00:32:19.440 --> 00:32:22.799
<v Speaker 8>and Stan said no, I don't want you. You know,

466
00:32:23.480 --> 00:32:26.880
<v Speaker 8>cal'sman cooperative with you for three days, I don't want

467
00:32:26.920 --> 00:32:29.640
<v Speaker 8>you to question him anymore, and there will be no polygraph.

468
00:32:30.319 --> 00:32:33.799
<v Speaker 8>So that was the end of it. But because of that,

469
00:32:35.799 --> 00:32:39.160
<v Speaker 8>Stan Dreysen knew that they were zeroing in on Cal,

470
00:32:40.599 --> 00:32:46.079
<v Speaker 8>so he recommended that he consult with a criminal defense attorney,

471
00:32:46.160 --> 00:32:49.519
<v Speaker 8>which and Dason was not, so he was the one

472
00:32:49.559 --> 00:32:51.240
<v Speaker 8>that recommended Joe Colly.

473
00:32:51.640 --> 00:32:55.759
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492
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497
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498
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<v Speaker 8>He terms and Conditions eighteen plus. So Cal and his

499
00:33:58.319 --> 00:34:04.160
<v Speaker 8>dad went to consult with Joe callyh And and Joe

500
00:34:04.240 --> 00:34:07.039
<v Speaker 8>called me right away. He says, H, you know, I'd

501
00:34:07.119 --> 00:34:08.320
<v Speaker 8>like you to be involved in this.

502
00:34:08.880 --> 00:34:09.000
<v Speaker 7>UH.

503
00:34:09.440 --> 00:34:12.199
<v Speaker 8>So I went in and met with him, with Joe

504
00:34:12.599 --> 00:34:17.199
<v Speaker 8>and Cal and his dad, and then I was retained

505
00:34:17.400 --> 00:34:21.719
<v Speaker 8>on the spot and UH, which which is unusual because

506
00:34:21.920 --> 00:34:29.280
<v Speaker 8>ordinarily I don't get involved in a case unless the

507
00:34:29.679 --> 00:34:32.719
<v Speaker 8>defendant has already been charged. But in this case it was.

508
00:34:32.880 --> 00:34:36.519
<v Speaker 8>It was still just a missing person case, but because

509
00:34:36.559 --> 00:34:41.880
<v Speaker 8>of the suspicion UH that Cal was involved, they wanted

510
00:34:41.920 --> 00:34:44.400
<v Speaker 8>to get a jump on the investigation to find out

511
00:34:44.440 --> 00:34:47.239
<v Speaker 8>what we could learn. So that's how I got involved

512
00:34:47.320 --> 00:34:51.079
<v Speaker 8>and started UH to work on the case. Even though

513
00:34:51.239 --> 00:34:55.920
<v Speaker 8>I wasn't privy to anything the police were doing, because

514
00:34:55.920 --> 00:34:59.159
<v Speaker 8>he hadn't been charged with anything, so therefore there was

515
00:34:59.320 --> 00:35:03.320
<v Speaker 8>no discovering material to give me some guidance as to

516
00:35:03.400 --> 00:35:06.599
<v Speaker 8>what had already been done. So for the most part,

517
00:35:06.639 --> 00:35:07.639
<v Speaker 8>I was working blind.

518
00:35:09.840 --> 00:35:13.519
<v Speaker 7>Then you say working blind, But however, tell us about

519
00:35:13.599 --> 00:35:19.239
<v Speaker 7>your prior background with the State Police and also what

520
00:35:19.559 --> 00:35:22.400
<v Speaker 7>some of those prior relationships meant in terms of you

521
00:35:22.599 --> 00:35:26.639
<v Speaker 7>had friends that were involved in this, so at least

522
00:35:26.719 --> 00:35:28.639
<v Speaker 7>you understood. Tell us a little bit about that.

523
00:35:29.760 --> 00:35:32.880
<v Speaker 8>Yeah, yeah, Well, my training and experience came from the

524
00:35:32.960 --> 00:35:39.960
<v Speaker 8>New York State Police. I worked as a uniform trooper,

525
00:35:43.239 --> 00:35:47.000
<v Speaker 8>became pretty good at that. I later became a police instructor.

526
00:35:48.559 --> 00:35:52.760
<v Speaker 8>I put together helped to put together a highway drug

527
00:35:52.800 --> 00:35:54.559
<v Speaker 8>and addiction program, and then I helped to teach it

528
00:35:54.679 --> 00:35:57.920
<v Speaker 8>stay wide. And then later I was promoted to investigator

529
00:35:58.119 --> 00:36:04.400
<v Speaker 8>and I worked in the unit for four years, and

530
00:36:04.480 --> 00:36:10.559
<v Speaker 8>then I goes transferred into the forensic Identification unit doing

531
00:36:10.639 --> 00:36:16.440
<v Speaker 8>crime scene investigation, so I received additional training there. Later

532
00:36:16.519 --> 00:36:19.039
<v Speaker 8>I worked in the violent felony warrant squad and so

533
00:36:19.079 --> 00:36:21.480
<v Speaker 8>I had a lot of experience, so I knew how

534
00:36:21.519 --> 00:36:23.920
<v Speaker 8>the police operated. I knew how they did things. I

535
00:36:24.000 --> 00:36:29.199
<v Speaker 8>knew how they conduct major case investigations with lead desks,

536
00:36:29.320 --> 00:36:32.079
<v Speaker 8>and so I had a pretty good working knowledge of

537
00:36:32.360 --> 00:36:34.119
<v Speaker 8>what they were doing and why they were doing it.

538
00:36:35.119 --> 00:36:37.960
<v Speaker 8>But I just wasn't privy in this case as to

539
00:36:38.039 --> 00:36:42.199
<v Speaker 8>what the results were because they were under no obligation

540
00:36:42.360 --> 00:36:45.119
<v Speaker 8>at that stage to turn over anything that they had learned.

541
00:36:47.840 --> 00:36:50.119
<v Speaker 8>But I knew what they were doing, I just didn't

542
00:36:50.159 --> 00:36:52.800
<v Speaker 8>know what they were finding and what the results were.

543
00:36:52.960 --> 00:36:55.840
<v Speaker 8>So I had to rely on what Cal could tell me,

544
00:36:58.199 --> 00:37:01.199
<v Speaker 8>maybe a snippet or two from the newspaper her. But

545
00:37:01.360 --> 00:37:04.039
<v Speaker 8>but but then I so I had to start pretty

546
00:37:04.119 --> 00:37:08.239
<v Speaker 8>much from scratch, and you know, one of the first

547
00:37:08.280 --> 00:37:11.280
<v Speaker 8>things I did was was a visit the so called

548
00:37:11.360 --> 00:37:18.119
<v Speaker 8>crime scene, which I did. You know, Cal was very cooperative,

549
00:37:18.199 --> 00:37:20.280
<v Speaker 8>you know, and he spent as much time with me

550
00:37:20.480 --> 00:37:23.400
<v Speaker 8>as I as I wanted. And then you know, he

551
00:37:23.480 --> 00:37:25.760
<v Speaker 8>introduced me to Bart there and I talked with her,

552
00:37:26.760 --> 00:37:29.000
<v Speaker 8>and then I went and talked to family and friends

553
00:37:29.199 --> 00:37:33.800
<v Speaker 8>and co workers, just trying to get heads up on

554
00:37:33.960 --> 00:37:37.800
<v Speaker 8>what the state police might be might be doing. So

555
00:37:37.960 --> 00:37:41.079
<v Speaker 8>that that's kind of it. Is there something more that

556
00:37:41.400 --> 00:37:42.440
<v Speaker 8>you want me to include or.

557
00:37:43.519 --> 00:37:47.079
<v Speaker 7>Well, you mentioned about Stan Dresen and I don't know

558
00:37:47.159 --> 00:37:50.800
<v Speaker 7>the chronological order, but when does Drayson have a conversation

559
00:37:51.000 --> 00:37:53.920
<v Speaker 7>with Susan mulvey and tell our audience who she is

560
00:37:54.239 --> 00:37:56.360
<v Speaker 7>and a little bit about her.

561
00:37:56.320 --> 00:38:06.079
<v Speaker 8>Background as you found Yeah, okay, the lead investigator. We

562
00:38:06.199 --> 00:38:09.599
<v Speaker 8>learned very early on who the lead investigator was. It

563
00:38:09.719 --> 00:38:13.079
<v Speaker 8>was a senior investigator by the name of Susan Malby.

564
00:38:16.400 --> 00:38:19.320
<v Speaker 8>I knew who she was. I'd never worked with her personally,

565
00:38:19.400 --> 00:38:21.199
<v Speaker 8>but you know, we knew each other from being on

566
00:38:21.280 --> 00:38:23.920
<v Speaker 8>a job together. She came on. She came on the

567
00:38:23.960 --> 00:38:27.039
<v Speaker 8>State Police about a year after I did. I came

568
00:38:27.079 --> 00:38:31.159
<v Speaker 8>on and I graduated from the State Police Academy in

569
00:38:31.199 --> 00:38:33.679
<v Speaker 8>nineteen seventy eight. I think she came in the in

570
00:38:33.760 --> 00:38:40.239
<v Speaker 8>the class right after that in seventy nine. So I

571
00:38:40.320 --> 00:38:44.480
<v Speaker 8>knew she was working on the Cal Harris case. And

572
00:38:45.920 --> 00:38:49.840
<v Speaker 8>I found out from Stan Draisen when we met in

573
00:38:49.960 --> 00:38:54.599
<v Speaker 8>Joe Cawley's office and he described, you know, Sue Malby

574
00:38:54.719 --> 00:38:58.800
<v Speaker 8>coming into his office I'm going to say about two

575
00:38:58.880 --> 00:39:03.559
<v Speaker 8>days after Shell was reported missing, and it looked him

576
00:39:03.639 --> 00:39:04.960
<v Speaker 8>right in the eye and said, you know, I know

577
00:39:05.199 --> 00:39:07.480
<v Speaker 8>Cal killed her and I'm going to prove it.

578
00:39:09.440 --> 00:39:09.639
<v Speaker 7>Wow.

579
00:39:09.719 --> 00:39:12.880
<v Speaker 8>And at that stage I believe at that stage they

580
00:39:12.920 --> 00:39:16.239
<v Speaker 8>hadn't even found the blood yet, So it became pretty

581
00:39:16.239 --> 00:39:19.719
<v Speaker 8>obvious to me what what their what their focus was,

582
00:39:20.519 --> 00:39:22.880
<v Speaker 8>and that Cal was Cal was in their crosshairs. He

583
00:39:23.000 --> 00:39:28.639
<v Speaker 8>was their number one suspect. And it was very premature

584
00:39:28.880 --> 00:39:32.039
<v Speaker 8>to say that. But uh, but that's what she said,

585
00:39:32.119 --> 00:39:37.920
<v Speaker 8>according to to Dresen So uh. And then as you

586
00:39:38.039 --> 00:39:41.079
<v Speaker 8>mentioned in your in your lead end that you know,

587
00:39:41.239 --> 00:39:43.760
<v Speaker 8>Michelle went missing in two thousand and one, but but

588
00:39:43.920 --> 00:39:49.400
<v Speaker 8>Cal wasn't indicted until four years later in two thousand

589
00:39:49.440 --> 00:39:55.800
<v Speaker 8>and five. But in the interim they didn't find anything new.

590
00:39:56.239 --> 00:39:58.800
<v Speaker 8>I mean, they had those few specs of blood in

591
00:39:58.920 --> 00:40:02.119
<v Speaker 8>the garage and in the entry way that h some

592
00:40:02.320 --> 00:40:08.360
<v Speaker 8>of which matched the DNA profile of Michelle. Uh, But

593
00:40:08.519 --> 00:40:11.760
<v Speaker 8>like I said, the volume of the blood was was

594
00:40:11.920 --> 00:40:18.199
<v Speaker 8>tiny and the age of the blood was inconclusive. But

595
00:40:18.360 --> 00:40:22.320
<v Speaker 8>despite that, four years later, not having found Michelle or

596
00:40:22.400 --> 00:40:26.039
<v Speaker 8>a murder weapon or anything further, they decided to go

597
00:40:26.199 --> 00:40:32.280
<v Speaker 8>ahead and uh indict him if they did so. Once

598
00:40:32.320 --> 00:40:40.519
<v Speaker 8>he was indicted and arrested and arraigned, a few weeks later,

599
00:40:41.039 --> 00:40:46.400
<v Speaker 8>we started getting discovery material from logistic attorney Gerald Keene.

600
00:40:49.360 --> 00:40:51.679
<v Speaker 8>So that was our first glimpse at what the State

601
00:40:51.800 --> 00:40:56.840
<v Speaker 8>Police were doing, who they were interviewing, and what the

602
00:40:57.039 --> 00:41:01.920
<v Speaker 8>people were saying. But while we were waiting, actually while

603
00:41:02.000 --> 00:41:04.400
<v Speaker 8>we were waiting for the discovery material to come in,

604
00:41:05.880 --> 00:41:08.519
<v Speaker 8>you know, Cal had been released on bail, so he

605
00:41:08.719 --> 00:41:13.360
<v Speaker 8>was free for us to meet with him and you know,

606
00:41:13.440 --> 00:41:17.239
<v Speaker 8>prepare our defense. So during one of my meetings with Cal,

607
00:41:18.840 --> 00:41:22.039
<v Speaker 8>he was asking me, you know, he knew my background

608
00:41:22.199 --> 00:41:23.880
<v Speaker 8>was with the State Police, so he was asking me

609
00:41:23.920 --> 00:41:28.679
<v Speaker 8>if I knew any of the investigators working the case,

610
00:41:29.719 --> 00:41:38.480
<v Speaker 8>specifically Sue mob So so I started telling him, But

611
00:41:38.559 --> 00:41:41.079
<v Speaker 8>I knew about her. You know, she had come from

612
00:41:41.159 --> 00:41:46.400
<v Speaker 8>a police family. Her father had once been the sheriff

613
00:41:47.199 --> 00:41:50.760
<v Speaker 8>of neighboring Broom County, New York, back in the mid

614
00:41:50.840 --> 00:41:56.119
<v Speaker 8>to late seventies, but he'd lost his bid for sheriff

615
00:42:00.400 --> 00:42:06.960
<v Speaker 8>and that so that that's what prompted Cal. Uh when

616
00:42:07.000 --> 00:42:09.679
<v Speaker 8>when he when he found out that Sue Malby's maiden

617
00:42:09.800 --> 00:42:12.920
<v Speaker 8>name was Andrews and that she was the daughter of

618
00:42:13.079 --> 00:42:14.920
<v Speaker 8>John Andrews, he he kind of went berserk.

619
00:42:16.320 --> 00:42:16.440
<v Speaker 7>Uh.

620
00:42:17.159 --> 00:42:20.239
<v Speaker 8>I still remember him standing up. He got red faced

621
00:42:20.320 --> 00:42:24.599
<v Speaker 8>and fire in his eyes. He said, he said, Uh,

622
00:42:25.800 --> 00:42:30.039
<v Speaker 8>John Andrews is Malby's father he was living and uh

623
00:42:31.400 --> 00:42:33.480
<v Speaker 8>so I knew. I kind of hit a nerve there,

624
00:42:33.599 --> 00:42:36.320
<v Speaker 8>so he and I said, yeah, I said, uh so,

625
00:42:36.400 --> 00:42:40.320
<v Speaker 8>I'm so, I said, I'm assuming you uh you you

626
00:42:40.440 --> 00:42:42.480
<v Speaker 8>knew he was the sheriff of Broome County. Yeah, I

627
00:42:42.519 --> 00:42:45.719
<v Speaker 8>knew that, but I didn't know that Maulby was his daughter.

628
00:42:47.840 --> 00:42:49.400
<v Speaker 8>You know, this is crazy, you know, he said, so.

629
00:42:49.639 --> 00:42:52.360
<v Speaker 8>Uh you know, he got right on the phone to

630
00:42:52.440 --> 00:42:56.920
<v Speaker 8>Joe Colly and uh Joe wasn't available at the time,

631
00:42:57.000 --> 00:42:58.719
<v Speaker 8>so we talked some more, and so I filled them

632
00:42:58.760 --> 00:43:02.480
<v Speaker 8>in on on what I knew who about movie and

633
00:43:02.519 --> 00:43:06.280
<v Speaker 8>her dad, and that just made him more angry that

634
00:43:06.559 --> 00:43:08.920
<v Speaker 8>he couldn't understand why she she could be involved in

635
00:43:09.000 --> 00:43:14.559
<v Speaker 8>this case. So eventually we uh uh you know, spoke

636
00:43:14.679 --> 00:43:17.880
<v Speaker 8>spoke to Joe kuy about it, and uh but, like

637
00:43:17.960 --> 00:43:20.280
<v Speaker 8>I said, we were already four years into this, he'd

638
00:43:20.320 --> 00:43:26.679
<v Speaker 8>already been indicted, arrested. Uh So, in any conflict that

639
00:43:27.079 --> 00:43:32.320
<v Speaker 8>there was, uh bring bringing it to the attention of

640
00:43:32.639 --> 00:43:36.840
<v Speaker 8>the disc attorney or or state police administration. We felt

641
00:43:36.880 --> 00:43:38.760
<v Speaker 8>that it would just fall on deaf ears because the

642
00:43:39.039 --> 00:43:42.239
<v Speaker 8>bell had already been rung. So so we decided not

643
00:43:42.400 --> 00:43:44.800
<v Speaker 8>to uh, make an issue of that at the time,

644
00:43:44.920 --> 00:43:49.719
<v Speaker 8>but but we wanted to uh closely monitor, you know, her,

645
00:43:49.840 --> 00:43:54.039
<v Speaker 8>her involvement and go back and look at it, even

646
00:43:54.119 --> 00:43:57.880
<v Speaker 8>right from the beginning and up to the current status

647
00:43:57.960 --> 00:44:02.320
<v Speaker 8>of the investigation. And uh then eventually there came a

648
00:44:02.400 --> 00:44:05.599
<v Speaker 8>time when I was so disturbed at some of the

649
00:44:05.679 --> 00:44:11.039
<v Speaker 8>things I was finding regarding Sue Moby that I decided

650
00:44:11.079 --> 00:44:16.400
<v Speaker 8>to take a closer look at her in that regard.

651
00:44:16.639 --> 00:44:18.880
<v Speaker 8>I reached out to a couple of my trusted colleagues

652
00:44:18.880 --> 00:44:21.679
<v Speaker 8>who had since retired from the State Police, and they

653
00:44:21.760 --> 00:44:26.599
<v Speaker 8>reminded me of a case she had worked on about

654
00:44:27.960 --> 00:44:33.119
<v Speaker 8>back in ninety six that resulted in her being kind

655
00:44:33.119 --> 00:44:37.840
<v Speaker 8>of admonished by the Court of Claims in a lawsuit

656
00:44:38.159 --> 00:44:42.280
<v Speaker 8>that filed against her for coercing the confession out of

657
00:44:42.320 --> 00:44:51.000
<v Speaker 8>a juvenile and she was admonished rather severely. But we

658
00:44:51.079 --> 00:44:53.320
<v Speaker 8>didn't know any of that until until I started doing

659
00:44:53.360 --> 00:44:55.400
<v Speaker 8>the research, and I actually got a copy of the

660
00:44:56.360 --> 00:45:02.000
<v Speaker 8>Court of Claims, the original complaint and the decision, and

661
00:45:03.559 --> 00:45:06.079
<v Speaker 8>I wrote that in the book the results of that,

662
00:45:06.320 --> 00:45:10.000
<v Speaker 8>and so that was very disturbing that what she did

663
00:45:10.119 --> 00:45:17.519
<v Speaker 8>to that young man and then for whatever reason, she

664
00:45:17.800 --> 00:45:22.679
<v Speaker 8>was never disciplined by the state Police. In fact, it

665
00:45:22.800 --> 00:45:25.360
<v Speaker 8>was just the opposite. They actually promoted her and gave

666
00:45:25.400 --> 00:45:28.559
<v Speaker 8>her a new position as a senior investigator down in

667
00:45:28.559 --> 00:45:32.480
<v Speaker 8>the Lego. And then a short time later the cal

668
00:45:32.559 --> 00:45:34.000
<v Speaker 8>Harris case came along.

669
00:45:37.800 --> 00:45:43.440
<v Speaker 7>You also write about very interestingly doctor Henry Lee and

670
00:45:43.679 --> 00:45:48.960
<v Speaker 7>his role on this tell us with this who they

671
00:45:49.119 --> 00:45:52.960
<v Speaker 7>chose and this person's of O. J. Simpson saying, but

672
00:45:53.880 --> 00:45:55.960
<v Speaker 7>tell us why he was hired and what he was

673
00:45:56.119 --> 00:46:00.000
<v Speaker 7>maintaining on behalf of the prosecution. Regarding the blood.

674
00:46:01.039 --> 00:46:03.559
<v Speaker 8>Yeah, well, doctor Henry Lee is kind of a nationally

675
00:46:03.639 --> 00:46:12.960
<v Speaker 8>renowned expert on in forensic blood interpretation or and analysis.

676
00:46:14.840 --> 00:46:23.440
<v Speaker 8>So they they consulted with him several times. They took

677
00:46:23.559 --> 00:46:27.639
<v Speaker 8>some of their their photographs and their physical evidence and

678
00:46:28.079 --> 00:46:30.119
<v Speaker 8>to his lab up in Connecticut and had him look

679
00:46:30.159 --> 00:46:36.280
<v Speaker 8>at it in hopes of him being able to say

680
00:46:36.400 --> 00:46:38.840
<v Speaker 8>that this was a crime scene or that there this

681
00:46:39.079 --> 00:46:44.480
<v Speaker 8>was evidence of an assault, and if he could say

682
00:46:44.519 --> 00:46:48.000
<v Speaker 8>anything about the age of the blood with the volume

683
00:46:48.159 --> 00:46:52.480
<v Speaker 8>of the blood, and and doctor Lee never never did

684
00:46:52.719 --> 00:46:55.159
<v Speaker 8>a report, so we were kind of at a loss

685
00:46:55.239 --> 00:46:58.480
<v Speaker 8>as to what he was going to say when he testified.

686
00:47:00.280 --> 00:47:03.840
<v Speaker 8>But when he finally did testify. Uh actually before the

687
00:47:03.920 --> 00:47:08.280
<v Speaker 8>first trial. Uh. Uh, his testimony was kind of taken

688
00:47:08.320 --> 00:47:11.440
<v Speaker 8>out of order because he had a scheduling conflict, so

689
00:47:11.559 --> 00:47:17.280
<v Speaker 8>they had to videotape his testimony early and then and

690
00:47:17.360 --> 00:47:21.559
<v Speaker 8>then present that to the court later. But during that testimony,

691
00:47:21.639 --> 00:47:24.800
<v Speaker 8>you know, probably the most critical thing that he said

692
00:47:25.760 --> 00:47:31.400
<v Speaker 8>was that, uh, in his opinion, based on his experience,

693
00:47:32.000 --> 00:47:35.639
<v Speaker 8>he felt that the age of the blood was within

694
00:47:35.679 --> 00:47:40.159
<v Speaker 8>a couple of days. And and uh, you know, we

695
00:47:40.360 --> 00:47:43.800
<v Speaker 8>argued very aggressively that there was really no scientific way

696
00:47:43.880 --> 00:47:49.079
<v Speaker 8>to determine that. Uh, and there's not. But but he

697
00:47:49.159 --> 00:47:54.199
<v Speaker 8>stuck with that with that testimony. Later on, Uh, the

698
00:47:54.719 --> 00:47:59.039
<v Speaker 8>court ruled against him. Instead, he couldn't do that, and

699
00:47:59.239 --> 00:48:02.280
<v Speaker 8>so any any sub squint testimony, uh, he would not

700
00:48:02.400 --> 00:48:06.440
<v Speaker 8>be able to say with any reasonable reasonable degree of

701
00:48:06.519 --> 00:48:08.840
<v Speaker 8>scientific certainty that it was a couple of days.

702
00:48:11.079 --> 00:48:11.239
<v Speaker 4>Uh.

703
00:48:11.800 --> 00:48:14.119
<v Speaker 8>So he was he was prevented from testifying about that

704
00:48:14.360 --> 00:48:15.639
<v Speaker 8>in the future trials.

705
00:48:16.360 --> 00:48:16.440
<v Speaker 7>Uh.

706
00:48:16.800 --> 00:48:18.880
<v Speaker 8>But but probably one of the more troubling things with

707
00:48:19.320 --> 00:48:23.719
<v Speaker 8>doctor Lee was that we discovered later was you know,

708
00:48:23.800 --> 00:48:27.400
<v Speaker 8>we we found out that about a year and a

709
00:48:27.480 --> 00:48:36.599
<v Speaker 8>half before the trial, the first trial, Uh, doctor Lee

710
00:48:36.719 --> 00:48:41.760
<v Speaker 8>held a strategy meeting in his lab up in Connecticut,

711
00:48:41.800 --> 00:48:45.400
<v Speaker 8>which was attended by senior members of the state police

712
00:48:45.519 --> 00:48:50.239
<v Speaker 8>and that disc attorney of course, doctor Lee himself. And

713
00:48:52.280 --> 00:48:54.360
<v Speaker 8>what we do, what we didn't know until much later,

714
00:48:55.079 --> 00:48:58.519
<v Speaker 8>was that a national news magazine had come in and

715
00:48:58.760 --> 00:49:03.599
<v Speaker 8>and videotaped that meeting, which which we thought was pretty

716
00:49:03.679 --> 00:49:06.760
<v Speaker 8>pretty bizarre. You know, how they even knew about it

717
00:49:07.559 --> 00:49:11.119
<v Speaker 8>is hard to imagine. Somebody had to have called them,

718
00:49:11.960 --> 00:49:14.079
<v Speaker 8>and why they were allowed to come in during a

719
00:49:14.199 --> 00:49:20.199
<v Speaker 8>pre trial strategy meeting is is really unbelievable. But anyway,

720
00:49:20.239 --> 00:49:22.880
<v Speaker 8>they did it, and they went in and they videotaped

721
00:49:22.920 --> 00:49:27.920
<v Speaker 8>this this discussion, and of course, after Cal was convicted

722
00:49:28.000 --> 00:49:34.320
<v Speaker 8>the first time segments of that video were presented on

723
00:49:35.480 --> 00:49:39.199
<v Speaker 8>forty eight hours. But when when the when the defense

724
00:49:39.280 --> 00:49:43.400
<v Speaker 8>team reviewed that footage on the on the broadcast version,

725
00:49:44.880 --> 00:49:47.840
<v Speaker 8>it was later determined that a lot of it had

726
00:49:47.920 --> 00:49:52.440
<v Speaker 8>been obviously edited out, and and Cal's new attorney at

727
00:49:52.480 --> 00:49:56.239
<v Speaker 8>that time, Bruce Barquette, who came into the picture before

728
00:49:56.320 --> 00:50:00.960
<v Speaker 8>the third trial, he wanted to h get all of

729
00:50:01.039 --> 00:50:05.079
<v Speaker 8>the raw footage, so he made application for it. It

730
00:50:05.159 --> 00:50:08.599
<v Speaker 8>was originally denied, he appealed it and and eventually the

731
00:50:09.480 --> 00:50:13.159
<v Speaker 8>CBS had to turn it over. And uh when we

732
00:50:13.280 --> 00:50:18.639
<v Speaker 8>looked at the footage, the most troubling part was when

733
00:50:19.400 --> 00:50:26.920
<v Speaker 8>uh uh dis Attorney Gerald Keene and uh uh is

734
00:50:27.039 --> 00:50:31.039
<v Speaker 8>talking with doctor Lee and he and he says that

735
00:50:31.159 --> 00:50:34.159
<v Speaker 8>the photographs that the state police took of the blood

736
00:50:34.639 --> 00:50:38.519
<v Speaker 8>had been altered and and and then Moby is heard

737
00:50:39.440 --> 00:50:44.280
<v Speaker 8>trying to clarify it by saying, oh, they were just corrected, uh,

738
00:50:44.840 --> 00:50:48.159
<v Speaker 8>which you know, either either of which would be inappropriate.

739
00:50:48.760 --> 00:50:54.000
<v Speaker 8>Uh and uh so that that was really really troubling

740
00:50:54.039 --> 00:50:57.039
<v Speaker 8>and and uh and and you could hear that on

741
00:50:57.159 --> 00:51:01.039
<v Speaker 8>a couple of occasions during that during that video segment.

742
00:51:01.719 --> 00:51:08.320
<v Speaker 8>And then Keene is actually, i believe, asked asking doctor

743
00:51:08.400 --> 00:51:11.239
<v Speaker 8>Lee if if the blood could have come from a

744
00:51:11.360 --> 00:51:16.079
<v Speaker 8>cut hand, and doctor Lee said, yeah, it could come

745
00:51:16.119 --> 00:51:16.920
<v Speaker 8>from a cut hand.

746
00:51:19.559 --> 00:51:19.760
<v Speaker 2>Ah.

747
00:51:21.760 --> 00:51:25.280
<v Speaker 8>But but Keen never tells him that that he had

748
00:51:25.400 --> 00:51:30.599
<v Speaker 8>information in the in the divorce papers that showed that

749
00:51:31.480 --> 00:51:35.480
<v Speaker 8>that was claiming that Michelle had cut her hand in

750
00:51:35.599 --> 00:51:38.840
<v Speaker 8>an incident with cal back in March of two thousand

751
00:51:38.840 --> 00:51:40.559
<v Speaker 8>and one. And it happened to be right out in

752
00:51:40.639 --> 00:51:45.599
<v Speaker 8>the driveway. But at least at least during that video segment,

753
00:51:45.800 --> 00:51:52.280
<v Speaker 8>you know, Keene never told me about that. So it

754
00:51:52.599 --> 00:51:55.079
<v Speaker 8>was it was kind of troubling for us that they

755
00:51:55.159 --> 00:52:01.440
<v Speaker 8>were they were pursuing to get doctor Lee to to

756
00:52:01.599 --> 00:52:06.400
<v Speaker 8>testify that the blood was much more recent than than

757
00:52:06.480 --> 00:52:08.880
<v Speaker 8>it appeared. And one of the other things that was

758
00:52:09.119 --> 00:52:11.639
<v Speaker 8>pretty significant was that, you know, we had our own blood,

759
00:52:12.159 --> 00:52:16.440
<v Speaker 8>our own photograph expert look at the photographs that they

760
00:52:16.519 --> 00:52:19.719
<v Speaker 8>did have, and he he told us that they had

761
00:52:19.760 --> 00:52:26.119
<v Speaker 8>actually augmented the uh, the red tone by by turning

762
00:52:26.199 --> 00:52:31.320
<v Speaker 8>up the red color by some twenty points whatever whatever

763
00:52:31.400 --> 00:52:35.000
<v Speaker 8>that means, so that it would appear it would appear

764
00:52:35.079 --> 00:52:40.119
<v Speaker 8>redder than it actually was and therefore making it look

765
00:52:40.199 --> 00:52:44.000
<v Speaker 8>more recent than it was. So uh and then that

766
00:52:44.119 --> 00:52:47.119
<v Speaker 8>then the troubling part too was that you know, uh,

767
00:52:47.360 --> 00:52:51.320
<v Speaker 8>doctor Lee knew that the photographs had been altered, but

768
00:52:51.440 --> 00:52:55.360
<v Speaker 8>yet he still uses them in his assessment. Before offering

769
00:52:55.400 --> 00:52:57.159
<v Speaker 8>his testimony, he.

770
00:52:57.320 --> 00:52:59.159
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771
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772
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774
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775
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776
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784
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<v Speaker 7>That's third Love dot com slash True Murder for fifteen

812
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<v Speaker 7>percent off today now. David, the investigation into this for

813
00:55:21.960 --> 00:55:25.840
<v Speaker 7>on behalf of Cal Harris. You go through in this

814
00:55:25.960 --> 00:55:30.840
<v Speaker 7>book in incredible detail of this journey. We follow along

815
00:55:30.920 --> 00:55:34.400
<v Speaker 7>with you to go through and first start with what

816
00:55:34.840 --> 00:55:38.679
<v Speaker 7>you say and claim is the police would been normal

817
00:55:38.760 --> 00:55:43.440
<v Speaker 7>procedure to follow up completely on every possible suspect, decides

818
00:55:43.519 --> 00:55:47.280
<v Speaker 7>Cal Harris. So you went to talk to people like

819
00:55:48.199 --> 00:55:55.840
<v Speaker 7>Brian Early, tell us about this journey, about this investigation,

820
00:55:56.480 --> 00:55:59.559
<v Speaker 7>and how you eventually get to the point where you

821
00:55:59.719 --> 00:56:04.960
<v Speaker 7>think you have some very very viable suspects rather than

822
00:56:05.320 --> 00:56:05.920
<v Speaker 7>cal Harris.

823
00:56:07.639 --> 00:56:11.400
<v Speaker 8>Yeah, it's of course that that evolved over a long

824
00:56:11.440 --> 00:56:18.599
<v Speaker 8>period of time and before before the first trial, the

825
00:56:18.719 --> 00:56:22.519
<v Speaker 8>defense focus, at least for me, was on Brian Early,

826
00:56:24.440 --> 00:56:28.320
<v Speaker 8>because he was the last person to see Michelle alive,

827
00:56:29.280 --> 00:56:34.159
<v Speaker 8>at least reportedly at the time, he had an intimate

828
00:56:34.239 --> 00:56:40.360
<v Speaker 8>relationship with her. He had, you know, moved up all

829
00:56:40.400 --> 00:56:45.079
<v Speaker 8>of his belongings to from Philadelphia to New York in

830
00:56:45.199 --> 00:56:50.679
<v Speaker 8>anticipation of a relationship with Michelle. He had loaned her

831
00:56:51.519 --> 00:56:54.719
<v Speaker 8>five thousand dollars to help her make a down payment

832
00:56:54.800 --> 00:56:58.920
<v Speaker 8>on a home that he at some point in time

833
00:56:59.000 --> 00:57:06.760
<v Speaker 8>expected to be living in with her. So as part

834
00:57:06.800 --> 00:57:13.880
<v Speaker 8>of the elimination process, it was my opinion that they

835
00:57:14.280 --> 00:57:18.079
<v Speaker 8>really took shortcuts and abbreviated what they really should have

836
00:57:18.119 --> 00:57:22.840
<v Speaker 8>been done, probably most importantly when they found out that

837
00:57:23.920 --> 00:57:26.519
<v Speaker 8>from Brian Early that Michelle was at his house that

838
00:57:26.800 --> 00:57:30.199
<v Speaker 8>night after work, and then it was only his word

839
00:57:30.320 --> 00:57:33.199
<v Speaker 8>that she left his house when he said she did.

840
00:57:33.920 --> 00:57:39.159
<v Speaker 8>But yet they never did any forensic work of Brian

841
00:57:39.320 --> 00:57:47.480
<v Speaker 8>Arley's apartment, his car, his person, or the hunting property

842
00:57:47.639 --> 00:57:50.599
<v Speaker 8>that him and his cousins hunted on just over the

843
00:57:51.360 --> 00:57:57.039
<v Speaker 8>Pennsylvania border from New York. They went out there and

844
00:57:57.400 --> 00:58:00.920
<v Speaker 8>kind of did a look around, but they never even

845
00:58:01.000 --> 00:58:05.000
<v Speaker 8>took any photographs, and Brian Early told them that he

846
00:58:05.199 --> 00:58:09.840
<v Speaker 8>had her out there, so they really dropped the ball

847
00:58:10.559 --> 00:58:13.639
<v Speaker 8>as far as I'm concerned. And by not doing that,

848
00:58:16.519 --> 00:58:20.599
<v Speaker 8>because Michelle had personal belongings at Brian Early's apartment. She

849
00:58:20.679 --> 00:58:27.400
<v Speaker 8>had stayed there overnight on occasion, so that was really

850
00:58:28.960 --> 00:58:32.159
<v Speaker 8>not the best way to try to eliminate someone. And

851
00:58:32.280 --> 00:58:38.480
<v Speaker 8>then she also had a short intimate relationship with one

852
00:58:38.519 --> 00:58:41.880
<v Speaker 8>of the cooks at Lefty's. His name was Michael Casper.

853
00:58:44.960 --> 00:58:48.039
<v Speaker 8>They'd had probably a two week flame where they had

854
00:58:48.119 --> 00:58:52.719
<v Speaker 8>had sex two or three times at his apartment, and

855
00:58:53.280 --> 00:58:59.000
<v Speaker 8>Michael Casper had no alibi for that night after Michelle left,

856
00:59:00.880 --> 00:59:03.880
<v Speaker 8>and again they they didn't do any forensic work at

857
00:59:03.920 --> 00:59:11.199
<v Speaker 8>his apartment or his vehicle or his person. So so

858
00:59:11.320 --> 00:59:14.840
<v Speaker 8>those things, to me, we were a bit troubling that

859
00:59:15.039 --> 00:59:16.960
<v Speaker 8>you know, if you're if you're if you're looking at

860
00:59:17.000 --> 00:59:19.519
<v Speaker 8>these people as true suspects, then you have to eliminate

861
00:59:19.599 --> 00:59:22.679
<v Speaker 8>them properly. And I think they spent way too much.

862
00:59:23.079 --> 00:59:27.840
<v Speaker 8>It gave to way too much credit to the polygraphs

863
00:59:28.039 --> 00:59:30.199
<v Speaker 8>as a means of eliminating them.

864
00:59:30.639 --> 00:59:30.760
<v Speaker 7>Uh.

865
00:59:31.400 --> 00:59:33.599
<v Speaker 8>And I'm no big fan of the polygraph for for

866
00:59:33.639 --> 00:59:39.360
<v Speaker 8>a number of reasons. But so yeah, that I was

867
00:59:39.400 --> 00:59:42.719
<v Speaker 8>really kind of troubled by by the abbreviated methods they

868
00:59:42.800 --> 00:59:49.559
<v Speaker 8>used to eliminate suspects. Then there was a even back

869
00:59:49.599 --> 00:59:52.239
<v Speaker 8>in two thousand and one, there was there was another

870
00:59:52.440 --> 00:59:57.559
<v Speaker 8>suspect by the name of Stacy Stewart who was a

871
00:59:58.480 --> 01:00:03.000
<v Speaker 8>patron of lefties who used to come in I always

872
01:00:03.079 --> 01:00:12.119
<v Speaker 8>ask for a table in Michelle's section, and initially, at

873
01:00:12.239 --> 01:00:15.079
<v Speaker 8>least he was looked at as a possible suspect. It's

874
01:00:15.159 --> 01:00:18.840
<v Speaker 8>not It's not clear why they were looking at him

875
01:00:18.880 --> 01:00:22.440
<v Speaker 8>as a suspect because the information that was released in

876
01:00:22.519 --> 01:00:27.239
<v Speaker 8>the discovery didn't include any of that information. But for

877
01:00:27.400 --> 01:00:35.199
<v Speaker 8>some reason, just like Brian Earley and Michael Casper, Stacy

878
01:00:35.280 --> 01:00:38.840
<v Speaker 8>Stewart was asked to take a polygraph. We don't know why.

879
01:00:42.000 --> 01:00:44.599
<v Speaker 8>You don't just randomly ask people to take a polygraph

880
01:00:44.679 --> 01:00:46.800
<v Speaker 8>unless there's some you have a reason to believe that

881
01:00:46.840 --> 01:00:50.400
<v Speaker 8>they're lying or they've had some type of relationship with

882
01:00:50.840 --> 01:00:56.079
<v Speaker 8>the victim. Right, And when I'm looking through all of

883
01:00:56.159 --> 01:01:01.960
<v Speaker 8>the leads, I'm looking for information about Stacy Stewart's polygraph

884
01:01:02.000 --> 01:01:06.440
<v Speaker 8>and it's not there. Uh, there was no lead taken

885
01:01:07.239 --> 01:01:12.159
<v Speaker 8>regarding his polygraph, even though the preliminary lead indicated that

886
01:01:12.280 --> 01:01:16.079
<v Speaker 8>he was scheduled to come in and take one, and

887
01:01:16.719 --> 01:01:20.119
<v Speaker 8>as it turned out, they never turned that over and

888
01:01:22.039 --> 01:01:26.639
<v Speaker 8>that that became an issue much later. Eventually we got

889
01:01:27.760 --> 01:01:31.960
<v Speaker 8>a partial copy of his polygraph, but even then it

890
01:01:32.119 --> 01:01:36.519
<v Speaker 8>was it was incomplete compared to the polygraphs that were

891
01:01:38.079 --> 01:01:45.599
<v Speaker 8>taken by other suspects, in particular the conclusion page. I

892
01:01:45.679 --> 01:01:50.599
<v Speaker 8>thought that was pretty bizarre. But I have to admit

893
01:01:50.719 --> 01:01:53.880
<v Speaker 8>initially I wasn't looking at Stacy's Stewart as a as

894
01:01:53.920 --> 01:01:57.800
<v Speaker 8>a viable suspect, because that just wasn't enough information in

895
01:01:57.880 --> 01:02:02.119
<v Speaker 8>the lead to suggest that. But it wasn't. It wasn't

896
01:02:02.239 --> 01:02:08.199
<v Speaker 8>until after the first trial. A new witness came forward

897
01:02:09.280 --> 01:02:13.400
<v Speaker 8>within hours after the cal's first trial conviction, and this

898
01:02:13.760 --> 01:02:20.079
<v Speaker 8>new witness UH revealed new information that was dynamite, which

899
01:02:20.400 --> 01:02:23.960
<v Speaker 8>which basically changed the whole dynamics of the investigation and

900
01:02:24.199 --> 01:02:29.400
<v Speaker 8>and UH, including a new cast of characters, including Stacy Stewart.

901
01:02:32.239 --> 01:02:34.760
<v Speaker 8>The new witness was Kevin Tubbs. He was a hay

902
01:02:34.840 --> 01:02:41.599
<v Speaker 8>farmer and and he called in right after the conviction

903
01:02:42.880 --> 01:02:45.280
<v Speaker 8>UH to Joe Cowley's office and told them he had

904
01:02:45.360 --> 01:02:50.119
<v Speaker 8>some information that he felt was important enough to pass along.

905
01:02:50.760 --> 01:02:57.079
<v Speaker 8>And he didn't realize the significance of his information UH

906
01:02:57.559 --> 01:02:59.960
<v Speaker 8>until he'd read an article in the newspaper about the trial.

907
01:03:02.599 --> 01:03:05.960
<v Speaker 8>He had misunderstood when Michelle had actually gone missing, and

908
01:03:06.039 --> 01:03:10.079
<v Speaker 8>as it turns out, he believed he had seen her

909
01:03:10.679 --> 01:03:13.559
<v Speaker 8>at the foot of the driveway on the morning of

910
01:03:13.679 --> 01:03:18.239
<v Speaker 8>September twelfth, two thousand and one, arguing with another man,

911
01:03:19.800 --> 01:03:24.400
<v Speaker 8>not her husband. And he described this man and the

912
01:03:24.519 --> 01:03:28.719
<v Speaker 8>vehicle he was driving. And it was in the early

913
01:03:28.800 --> 01:03:33.719
<v Speaker 8>morning hours to just probably between five forty five and

914
01:03:33.960 --> 01:03:39.079
<v Speaker 8>six AM, so it wasn't total daylight yet, it was

915
01:03:39.199 --> 01:03:42.320
<v Speaker 8>just starting. But he was pulling a haywagon up the

916
01:03:42.400 --> 01:03:47.559
<v Speaker 8>road that goes right by the Harris Driveway. Now it's

917
01:03:47.599 --> 01:03:50.440
<v Speaker 8>called Hagadorn Hill. At the time, it was just a

918
01:03:50.480 --> 01:03:55.320
<v Speaker 8>dirt road, drainage ditch on both sides, and he's pulling

919
01:03:55.559 --> 01:03:59.840
<v Speaker 8>a nine foot wide haywagon and so he was concerned

920
01:04:00.000 --> 01:04:02.199
<v Speaker 8>about whether he'd be able to get by because this

921
01:04:02.960 --> 01:04:08.760
<v Speaker 8>pickup truck was backed out, angled out into the road

922
01:04:08.880 --> 01:04:12.239
<v Speaker 8>from the from the nose of the Harris driveway, and

923
01:04:12.320 --> 01:04:14.519
<v Speaker 8>it was partially blocking the road. So he had to

924
01:04:14.800 --> 01:04:18.360
<v Speaker 8>swing way over to his left, hoping that he could

925
01:04:18.360 --> 01:04:21.360
<v Speaker 8>squeeze by without going in the ditch and losing his load.

926
01:04:22.400 --> 01:04:25.079
<v Speaker 8>So as a result, he was just creeping by. Uh

927
01:04:25.159 --> 01:04:27.800
<v Speaker 8>and and and as he as he was going by,

928
01:04:28.559 --> 01:04:31.920
<v Speaker 8>he looks over and he sees a woman who he

929
01:04:32.039 --> 01:04:36.360
<v Speaker 8>thinks is Michelle Harris. Uh and he's in this other

930
01:04:36.480 --> 01:04:40.400
<v Speaker 8>young man with dark hair, and and and Michelle appeared

931
01:04:40.440 --> 01:04:42.880
<v Speaker 8>to have been crying or at least upset.

932
01:04:45.599 --> 01:04:45.679
<v Speaker 7>Uh.

933
01:04:45.760 --> 01:04:47.760
<v Speaker 8>And he and he remembered glaring right at, you know,

934
01:04:47.840 --> 01:04:50.280
<v Speaker 8>making eye contact with the young man, so he he

935
01:04:50.400 --> 01:04:53.079
<v Speaker 8>was able to describe him quite well, as well as

936
01:04:53.119 --> 01:04:58.000
<v Speaker 8>his vehicle. Uh. But Michelle hadn't hadn't signaled that she

937
01:04:58.199 --> 01:05:00.280
<v Speaker 8>was in any kind of danger or trouble, So he

938
01:05:00.400 --> 01:05:06.880
<v Speaker 8>just continued on his way. And then we learned much

939
01:05:06.960 --> 01:05:10.079
<v Speaker 8>later that there was actually a second man who came

940
01:05:10.159 --> 01:05:13.760
<v Speaker 8>by and described almost the identical thing. His name was

941
01:05:13.880 --> 01:05:17.519
<v Speaker 8>John Steele. He was driving up pagodor On Hill Road

942
01:05:18.280 --> 01:05:22.199
<v Speaker 8>around the same time with a companion and and he

943
01:05:22.360 --> 01:05:26.159
<v Speaker 8>described almost the same thing. He was a young man

944
01:05:26.440 --> 01:05:30.000
<v Speaker 8>arguing with an older a woman who was older than

945
01:05:30.000 --> 01:05:36.719
<v Speaker 8>he was, with blonde hair and dark colored truck. But

946
01:05:36.920 --> 01:05:42.079
<v Speaker 8>in his case, as he was driving slowly by, you know,

947
01:05:42.159 --> 01:05:45.960
<v Speaker 8>he had the passenger window of his truck was down,

948
01:05:46.000 --> 01:05:49.719
<v Speaker 8>and he and he heard the young man say, just

949
01:05:49.800 --> 01:05:52.000
<v Speaker 8>get in the car, just get in the damn car,

950
01:05:53.840 --> 01:05:58.079
<v Speaker 8>you know, in an argumentative type voice. But like but

951
01:05:58.559 --> 01:06:02.639
<v Speaker 8>like with Kevin Tubbs, he didn't He didn't see the

952
01:06:02.760 --> 01:06:06.400
<v Speaker 8>woman making any signals that she needed help, so he

953
01:06:06.559 --> 01:06:15.519
<v Speaker 8>continued on his way, so neither one of them stopped. Unfortunately,

954
01:06:17.039 --> 01:06:19.920
<v Speaker 8>Kevin Tubbs told me later, he says, I wish, I

955
01:06:20.000 --> 01:06:22.159
<v Speaker 8>wish he'd said something, because I would have gotten out

956
01:06:22.159 --> 01:06:25.119
<v Speaker 8>and beating the snot out of him, and he would

957
01:06:25.159 --> 01:06:29.960
<v Speaker 8>have Kevin was a big guy, and maybe we wouldn't

958
01:06:29.960 --> 01:06:34.840
<v Speaker 8>have this conversation if he'd done that. But anyway, it

959
01:06:35.000 --> 01:06:38.880
<v Speaker 8>was so based on Kevin Tubbs's revelation kind of changed

960
01:06:38.920 --> 01:06:43.800
<v Speaker 8>everything from uh for the defense, and it was fortunate

961
01:06:43.880 --> 01:06:47.000
<v Speaker 8>that he came to the defense first. So for the

962
01:06:47.079 --> 01:06:51.719
<v Speaker 8>next four months after his disclosure. I started investigating not

963
01:06:51.880 --> 01:06:55.920
<v Speaker 8>only Kevin Tubbs, but also what he had seen, and

964
01:06:57.159 --> 01:07:04.440
<v Speaker 8>it took me back to UH, the lead regarding Stacy Stewart.

965
01:07:06.320 --> 01:07:10.119
<v Speaker 8>And I'm looking through the lead and I find out

966
01:07:10.559 --> 01:07:13.400
<v Speaker 8>there's a They had done some background on Stacy Stewart,

967
01:07:14.119 --> 01:07:17.079
<v Speaker 8>including a criminal history and a and a motor vehicle

968
01:07:17.440 --> 01:07:21.760
<v Speaker 8>report and uh so he he fit the physical description

969
01:07:21.960 --> 01:07:25.599
<v Speaker 8>described by Kevin Tubbs, and he drove a truck that

970
01:07:25.760 --> 01:07:28.880
<v Speaker 8>matched the description. So I was, you know, that's that

971
01:07:29.000 --> 01:07:31.000
<v Speaker 8>sent up a red flag for me. So I wanted

972
01:07:31.039 --> 01:07:35.719
<v Speaker 8>to learn more about Stacy Stewart. So I started looking

973
01:07:35.960 --> 01:07:41.239
<v Speaker 8>a little closer at him, and I actually got one

974
01:07:41.280 --> 01:07:45.039
<v Speaker 8>of my colleagues involved to help me. His name is

975
01:07:45.079 --> 01:07:48.519
<v Speaker 8>Frank Roney. Uh. He lived in Tywer County, so he

976
01:07:48.599 --> 01:07:50.280
<v Speaker 8>was more familiar with the area than I was. So

977
01:07:50.800 --> 01:07:54.079
<v Speaker 8>he agreed to come on board and help me gather

978
01:07:54.280 --> 01:07:59.079
<v Speaker 8>more information on Stacy Stewart and his UH and his associates.

979
01:07:59.159 --> 01:08:01.880
<v Speaker 8>So he did at and it just kind of snowballed

980
01:08:02.000 --> 01:08:06.960
<v Speaker 8>from there. Everything I learned about Stacy Stewart was pointing

981
01:08:07.039 --> 01:08:10.920
<v Speaker 8>to him as that that he had some type of

982
01:08:11.039 --> 01:08:17.319
<v Speaker 8>involvement with Michelle Harris Ultimately it led to Frank and

983
01:08:17.399 --> 01:08:22.920
<v Speaker 8>I going to Texas and speaking with witnesses. The first

984
01:08:22.960 --> 01:08:25.880
<v Speaker 8>time we went to Texas, we couldn't find Stacy. He

985
01:08:26.000 --> 01:08:29.840
<v Speaker 8>knew we were in town, but his cousin that we

986
01:08:29.960 --> 01:08:31.960
<v Speaker 8>talked to, you know, wouldn't tell us where he was

987
01:08:32.199 --> 01:08:35.680
<v Speaker 8>or how to get a hold of him. But we

988
01:08:35.800 --> 01:08:38.600
<v Speaker 8>ended up going back about a year and a half

989
01:08:38.720 --> 01:08:42.800
<v Speaker 8>later after we developed more information, and this time we

990
01:08:42.880 --> 01:08:47.279
<v Speaker 8>did find him. He was working as a corrections officer

991
01:08:47.960 --> 01:08:53.159
<v Speaker 8>for the department of the Texas Department of Corrections and

992
01:08:53.680 --> 01:08:56.520
<v Speaker 8>he was living right on the campus at the Ferguson

993
01:08:56.560 --> 01:09:00.800
<v Speaker 8>Prison unit in Texas, and we found him home. Uh.

994
01:09:02.000 --> 01:09:05.399
<v Speaker 8>He'd divorced his first wife. He was married to a

995
01:09:05.479 --> 01:09:08.800
<v Speaker 8>second wife, and we we had about a half hour

996
01:09:08.920 --> 01:09:13.039
<v Speaker 8>conversation with him there in his house, and we didn't

997
01:09:13.039 --> 01:09:13.640
<v Speaker 8>like the way it went.

998
01:09:14.159 --> 01:09:14.279
<v Speaker 4>Uh.

999
01:09:14.640 --> 01:09:17.840
<v Speaker 8>He was obviously lying to us, and we could tell

1000
01:09:17.880 --> 01:09:19.439
<v Speaker 8>by the look in his eye he didn't want us there.

1001
01:09:21.600 --> 01:09:24.520
<v Speaker 8>And uh, it's hard to describe the look in his eye,

1002
01:09:25.319 --> 01:09:29.239
<v Speaker 8>but we knew that he was just making stuff up

1003
01:09:29.319 --> 01:09:32.640
<v Speaker 8>as we went along. And while we were there, we

1004
01:09:32.800 --> 01:09:36.880
<v Speaker 8>actually uh talked to one of his cohorts that had

1005
01:09:36.920 --> 01:09:38.600
<v Speaker 8>been up to New York with him. His name is

1006
01:09:38.680 --> 01:09:42.119
<v Speaker 8>Chris Thomason, and the two of them were best buds.

1007
01:09:42.680 --> 01:09:47.159
<v Speaker 8>At least they were, but when we started questioning both

1008
01:09:47.199 --> 01:09:49.399
<v Speaker 8>of them, they started pointing a finger at each other,

1009
01:09:50.600 --> 01:09:55.880
<v Speaker 8>playing that the other the other one was having a

1010
01:09:55.960 --> 01:09:59.479
<v Speaker 8>relationship with Michelle Harrison that so that that just raised

1011
01:09:59.479 --> 01:10:00.800
<v Speaker 8>our suspense even further.

1012
01:10:03.319 --> 01:10:06.680
<v Speaker 7>Well, it's interesting how I got to say, you you

1013
01:10:06.720 --> 01:10:10.159
<v Speaker 7>seem to play these people against each other somewhat in

1014
01:10:10.439 --> 01:10:16.079
<v Speaker 7>believing that Stacy Stewart was more so the perpetrator, not

1015
01:10:16.279 --> 01:10:19.800
<v Speaker 7>saying that he may have did this alone. But in

1016
01:10:19.960 --> 01:10:26.479
<v Speaker 7>terms of getting information from Chris Thomason, you get corroboration

1017
01:10:26.800 --> 01:10:29.960
<v Speaker 7>that the story that he originally told that he on

1018
01:10:30.079 --> 01:10:32.239
<v Speaker 7>that day that he went to work early, that these

1019
01:10:32.279 --> 01:10:35.720
<v Speaker 7>guys never went to work early. The other interesting and

1020
01:10:36.239 --> 01:10:38.680
<v Speaker 7>fascinating part and vivid part of this book is when

1021
01:10:38.720 --> 01:10:42.439
<v Speaker 7>you find out about the property that he owned, and

1022
01:10:42.520 --> 01:10:45.600
<v Speaker 7>then the cement pad tell us about this and that search.

1023
01:10:45.840 --> 01:10:51.479
<v Speaker 7>Where as a reader, we think we might be privy

1024
01:10:51.600 --> 01:10:54.680
<v Speaker 7>to something very very amazing going on with the cement

1025
01:10:54.760 --> 01:10:55.680
<v Speaker 7>pad tell us about this.

1026
01:10:57.399 --> 01:11:01.920
<v Speaker 8>Yeah, it was, It's pretty pretty interesting. Out all developed

1027
01:11:02.680 --> 01:11:04.960
<v Speaker 8>as I started taking a closer look at at Stacey.

1028
01:11:06.000 --> 01:11:08.119
<v Speaker 8>One of the things I wanted to do was was

1029
01:11:08.239 --> 01:11:12.000
<v Speaker 8>to learn more about Uh, this house that he bought

1030
01:11:12.239 --> 01:11:13.760
<v Speaker 8>up in the woods, it's just a it's just a

1031
01:11:13.800 --> 01:11:17.640
<v Speaker 8>little log cabin. It sat on about four acres of property, uh,

1032
01:11:18.039 --> 01:11:20.560
<v Speaker 8>in a wilderness area with a little pond out front.

1033
01:11:25.159 --> 01:11:29.159
<v Speaker 8>But when I started checking the records, the real property records,

1034
01:11:30.479 --> 01:11:37.279
<v Speaker 8>I discovered that he had he had purchased the property

1035
01:11:37.520 --> 01:11:43.359
<v Speaker 8>only about three weeks before Michelle disappeared, and uh, he

1036
01:11:43.479 --> 01:11:47.119
<v Speaker 8>never he never made the first payment on his property.

1037
01:11:47.640 --> 01:11:50.399
<v Speaker 8>It was a very affordable mortgage agreement that he signed

1038
01:11:50.439 --> 01:11:54.199
<v Speaker 8>with City Bank, like fourign and bucks, and he was

1039
01:11:54.279 --> 01:11:56.319
<v Speaker 8>he was making real good money there where he was

1040
01:11:56.399 --> 01:11:59.640
<v Speaker 8>working at the steel plant. But he never made the

1041
01:11:59.720 --> 01:12:04.439
<v Speaker 8>first payment, which happened to be due on September fifteenth,

1042
01:12:05.039 --> 01:12:07.760
<v Speaker 8>so about three days after Michelle went missing. And they

1043
01:12:07.880 --> 01:12:10.000
<v Speaker 8>never made any other payments.

1044
01:12:12.000 --> 01:12:12.399
<v Speaker 7>And then.

1045
01:12:13.800 --> 01:12:20.960
<v Speaker 8>So he started getting the bank started to send notices

1046
01:12:21.000 --> 01:12:29.720
<v Speaker 8>to him, to foreclosure notices, and it turned out that

1047
01:12:30.239 --> 01:12:34.119
<v Speaker 8>they did foreclosed on the property and then I believe

1048
01:12:34.239 --> 01:12:38.439
<v Speaker 8>February of two thousand and two. But just prior to

1049
01:12:38.560 --> 01:12:42.840
<v Speaker 8>that becoming official, he had him and Chris Thomason had

1050
01:12:42.920 --> 01:12:49.279
<v Speaker 8>packed up and moved back to Texas. So it was

1051
01:12:49.359 --> 01:12:52.560
<v Speaker 8>pretty interesting, you know, how all of these things started

1052
01:12:52.600 --> 01:12:56.800
<v Speaker 8>to happen when we reached out to some of Stacey

1053
01:12:57.279 --> 01:13:02.239
<v Speaker 8>and Chris's co workers at the Newcore Steel plant where

1054
01:13:02.239 --> 01:13:06.119
<v Speaker 8>they worked. They worked there as welders on assembly lines,

1055
01:13:06.359 --> 01:13:12.520
<v Speaker 8>you know, manufacturing steel trustes for commercial industrial buildings. They

1056
01:13:12.560 --> 01:13:15.760
<v Speaker 8>were both very good welders, but it was line work

1057
01:13:15.920 --> 01:13:19.159
<v Speaker 8>and at the time they were working twelve hour shifts,

1058
01:13:19.720 --> 01:13:22.640
<v Speaker 8>six in the morning till six at night. And one

1059
01:13:22.680 --> 01:13:26.399
<v Speaker 8>of the things that jumped out at me with Stacy

1060
01:13:26.479 --> 01:13:29.399
<v Speaker 8>Stewart was that when he was first interviewed by the police,

1061
01:13:31.239 --> 01:13:36.079
<v Speaker 8>he told them that on the morning of September twelfth,

1062
01:13:38.680 --> 01:13:42.720
<v Speaker 8>he'd gone into work between four and five am. Well,

1063
01:13:43.079 --> 01:13:46.039
<v Speaker 8>you know, we got his time cards and looked at him,

1064
01:13:46.039 --> 01:13:51.079
<v Speaker 8>and there were no entries on his time cards at

1065
01:13:51.119 --> 01:13:53.600
<v Speaker 8>four or five am. And everybody we talked to, including

1066
01:13:54.319 --> 01:13:59.119
<v Speaker 8>his former supervisor and other coworkers and the safety director,

1067
01:14:00.000 --> 01:14:05.399
<v Speaker 8>one of them cooberated that anyone would ever go in

1068
01:14:05.560 --> 01:14:09.079
<v Speaker 8>that early. They said it was line work. Assembly line work.

1069
01:14:09.119 --> 01:14:12.479
<v Speaker 8>You couldn't do anything until everybody was there. There be

1070
01:14:12.600 --> 01:14:15.880
<v Speaker 8>nothing to do if you went in that early, so

1071
01:14:16.000 --> 01:14:22.119
<v Speaker 8>that became a real suspicious thing for us. But at

1072
01:14:22.159 --> 01:14:24.640
<v Speaker 8>that time, of course we did. We didn't discover this

1073
01:14:24.800 --> 01:14:28.600
<v Speaker 8>until Kevin Tubbs came forward, you know, six years into this.

1074
01:14:30.239 --> 01:14:34.279
<v Speaker 8>But at the time, back in two thousand and one,

1075
01:14:34.359 --> 01:14:39.119
<v Speaker 8>when the police first interviewed Stacy Stewart, that four to

1076
01:14:39.279 --> 01:14:43.079
<v Speaker 8>five am time frame wouldn't have been significant to them

1077
01:14:44.000 --> 01:14:48.000
<v Speaker 8>because they believed Michelle had been killed around midnight at

1078
01:14:48.079 --> 01:14:55.239
<v Speaker 8>home by her husband. But when you look at the

1079
01:14:55.399 --> 01:15:00.479
<v Speaker 8>revelations of Kevin Tubbs and he sees Michelle with with

1080
01:15:00.600 --> 01:15:04.560
<v Speaker 8>a young man with short, dark hair around six o'clock

1081
01:15:04.560 --> 01:15:09.359
<v Speaker 8>in the morning, that kind of changes the whole theory

1082
01:15:10.039 --> 01:15:15.000
<v Speaker 8>as to when Michelle was killed or abducted, and it

1083
01:15:15.159 --> 01:15:17.239
<v Speaker 8>just happened to be around six o'clock in the morning

1084
01:15:17.279 --> 01:15:22.800
<v Speaker 8>when Stacy was supposed to be at work. So it

1085
01:15:22.920 --> 01:15:26.520
<v Speaker 8>was our belief that the reason he told the police

1086
01:15:26.600 --> 01:15:28.640
<v Speaker 8>that he had gone to work between four and five

1087
01:15:29.920 --> 01:15:32.199
<v Speaker 8>was to establish an alibi for himself.

1088
01:15:36.640 --> 01:15:40.039
<v Speaker 7>Now, we have to summarize what happens, and we did

1089
01:15:40.119 --> 01:15:43.800
<v Speaker 7>in the introduction, right in the introduction, what happens in

1090
01:15:43.840 --> 01:15:46.960
<v Speaker 7>the first trial, he's convicted, he's out on bail, the

1091
01:15:47.079 --> 01:15:54.119
<v Speaker 7>second trial. The third trial, you have you have different personnel.

1092
01:15:54.359 --> 01:15:57.239
<v Speaker 7>In the third trial, he's different defense attorney. Tell us

1093
01:15:57.279 --> 01:16:00.199
<v Speaker 7>about this, summarize what happens in these trials. So we

1094
01:16:00.279 --> 01:16:01.680
<v Speaker 7>get to the fourth trial.

1095
01:16:03.960 --> 01:16:08.159
<v Speaker 8>Yeah, after Kel was after he won his appeal the

1096
01:16:08.239 --> 01:16:11.640
<v Speaker 8>second trial, he got released from prison in two thousand

1097
01:16:11.680 --> 01:16:14.520
<v Speaker 8>and I believe it was October of twenty twelve, and

1098
01:16:15.279 --> 01:16:18.000
<v Speaker 8>he hired a new attorney by the name of Bruce Barquette.

1099
01:16:18.560 --> 01:16:21.000
<v Speaker 8>He had a large law from down in Garden City,

1100
01:16:21.079 --> 01:16:24.880
<v Speaker 8>New York, on Long Island, Long Island, and of course

1101
01:16:24.920 --> 01:16:28.800
<v Speaker 8>he had his own team of attorneys and other investigators

1102
01:16:28.840 --> 01:16:32.000
<v Speaker 8>down there, so they became involved and we had a

1103
01:16:32.079 --> 01:16:35.399
<v Speaker 8>much bigger defense team now. But I stayed on as

1104
01:16:37.119 --> 01:16:41.640
<v Speaker 8>the lead investigator and consultant because of my involvement from

1105
01:16:41.640 --> 01:16:46.159
<v Speaker 8>the beginning, and Bruce took on a very aggressive approach,

1106
01:16:46.399 --> 01:16:51.399
<v Speaker 8>and when the case finally went to trial, the third trial,

1107
01:16:54.920 --> 01:16:59.239
<v Speaker 8>it was finally held in a new venue up in

1108
01:16:59.600 --> 01:17:02.319
<v Speaker 8>Harry County, New York, which was one hundred and twenty

1109
01:17:02.319 --> 01:17:04.119
<v Speaker 8>five miles away from the Wigo, so we felt we

1110
01:17:04.159 --> 01:17:08.479
<v Speaker 8>could get a much fairer trial there. But it turned

1111
01:17:08.479 --> 01:17:13.600
<v Speaker 8>out the trial dragged on for like almost twelve weeks,

1112
01:17:16.920 --> 01:17:21.920
<v Speaker 8>and then when the jury deliberated, they deliberated for like

1113
01:17:22.000 --> 01:17:26.279
<v Speaker 8>eleven days and couldn't reach a verdict. Even even after

1114
01:17:26.319 --> 01:17:28.319
<v Speaker 8>they were sent back in a couple of times to try,

1115
01:17:29.079 --> 01:17:33.600
<v Speaker 8>they couldn't. They were virtually split down the middle. So

1116
01:17:33.840 --> 01:17:38.640
<v Speaker 8>it was it resulted in a mistrial. But one of

1117
01:17:38.720 --> 01:17:41.720
<v Speaker 8>the things that Bruce had asked for and was denied

1118
01:17:43.000 --> 01:17:48.920
<v Speaker 8>during the third trial was was the was the opportunity

1119
01:17:49.039 --> 01:17:53.399
<v Speaker 8>to present evidence in support of what we call third

1120
01:17:53.479 --> 01:17:59.239
<v Speaker 8>party culpability, meaning evidence that supports the belief that someone

1121
01:17:59.359 --> 01:18:03.439
<v Speaker 8>other than call Paris was responsible, and that that motion

1122
01:18:03.600 --> 01:18:08.800
<v Speaker 8>got denied. But but after the mistrial and they decided

1123
01:18:08.840 --> 01:18:11.840
<v Speaker 8>to go to a fourth trial, Bruce, you know, got

1124
01:18:11.880 --> 01:18:13.840
<v Speaker 8>together with the defense team and he said, you know,

1125
01:18:14.279 --> 01:18:17.159
<v Speaker 8>I want to we're getting a new judge. I want

1126
01:18:17.199 --> 01:18:20.800
<v Speaker 8>to renew my third party culpability argument, but but I

1127
01:18:20.920 --> 01:18:25.279
<v Speaker 8>need something more. So, uh, we did a couple of things.

1128
01:18:26.640 --> 01:18:32.960
<v Speaker 8>One of them, we decided to uh excavate the burn

1129
01:18:33.079 --> 01:18:36.720
<v Speaker 8>pit on Stacy Stewart's property because some witnesses had told

1130
01:18:36.800 --> 01:18:40.000
<v Speaker 8>us that there'd been a burning of bloody clothes there.

1131
01:18:42.159 --> 01:18:45.000
<v Speaker 8>So we arranged to do that with an archaeological uh

1132
01:18:46.359 --> 01:18:51.880
<v Speaker 8>UH a group from a college in Pennsylvania. They came up,

1133
01:18:52.319 --> 01:18:54.840
<v Speaker 8>they dug up the burn pit, they recovered some items

1134
01:18:56.479 --> 01:18:59.840
<v Speaker 8>and and UH all of all of the every item

1135
01:18:59.880 --> 01:19:04.279
<v Speaker 8>that was found was at least circumstantially linked to Michelle Harris.

1136
01:19:04.560 --> 01:19:09.159
<v Speaker 8>We couldn't positively say it was her because there was

1137
01:19:09.239 --> 01:19:11.960
<v Speaker 8>no DNA found. It had just been too long a

1138
01:19:12.039 --> 01:19:16.640
<v Speaker 8>time of the evidence exposed to the heat and to

1139
01:19:16.760 --> 01:19:17.359
<v Speaker 8>the elements.

1140
01:19:18.079 --> 01:19:18.199
<v Speaker 7>UH.

1141
01:19:18.720 --> 01:19:23.800
<v Speaker 8>But circumstantially the evidence was pretty strong. So so we

1142
01:19:23.960 --> 01:19:27.920
<v Speaker 8>made we made those arguments before the fourth trial. In

1143
01:19:28.000 --> 01:19:31.039
<v Speaker 8>the in the judge finally said that he would allow

1144
01:19:32.359 --> 01:19:36.399
<v Speaker 8>the presentation of third party culpability to a limited extent.

1145
01:19:37.800 --> 01:19:39.800
<v Speaker 8>So that was a that was a pretty good favorable

1146
01:19:39.840 --> 01:19:42.560
<v Speaker 8>decision and as a result we were able to bring

1147
01:19:42.680 --> 01:19:47.960
<v Speaker 8>in UH witnesses who described the burning of bloody closed

1148
01:19:48.039 --> 01:19:52.840
<v Speaker 8>up at Stewart's property, and then a couple of students

1149
01:19:52.880 --> 01:19:59.239
<v Speaker 8>from the archaeological dig who described the items that were found. H.

1150
01:20:00.159 --> 01:20:03.479
<v Speaker 8>So we felt that was an important thing for the

1151
01:20:03.600 --> 01:20:06.239
<v Speaker 8>judge to know and just other readers know. The fourth

1152
01:20:06.319 --> 01:20:10.880
<v Speaker 8>trial was actually uh cal decided to waive a jury

1153
01:20:10.960 --> 01:20:13.239
<v Speaker 8>and go with a bench trial, which is a pretty

1154
01:20:13.319 --> 01:20:17.479
<v Speaker 8>risky decision, but under the circumstances, we felt that was

1155
01:20:17.520 --> 01:20:21.840
<v Speaker 8>the right one because we really didn't think we could

1156
01:20:21.880 --> 01:20:26.159
<v Speaker 8>expect a different result with a jury other than a mistrial.

1157
01:20:26.279 --> 01:20:29.079
<v Speaker 8>So as it turned out, that was it was a

1158
01:20:29.319 --> 01:20:32.760
<v Speaker 8>real good decision, and we had a real good judge presiding,

1159
01:20:32.840 --> 01:20:37.000
<v Speaker 8>so that made all the difference. And quick, just quickly, Uh,

1160
01:20:37.359 --> 01:20:43.079
<v Speaker 8>you had mentioned uh, the uh tearing up the concrete floor. H. Yeah.

1161
01:20:43.119 --> 01:20:47.079
<v Speaker 8>We had actually developed information from a couple of witnesses

1162
01:20:48.079 --> 01:20:52.399
<v Speaker 8>that that when Stacy H bought his little cabin in

1163
01:20:52.439 --> 01:20:55.000
<v Speaker 8>the woods, that he had a barn there or like

1164
01:20:55.079 --> 01:20:58.359
<v Speaker 8>an outbuilding where he kept his ATVs that he rode,

1165
01:21:00.680 --> 01:21:03.960
<v Speaker 8>and all indications were he had poured the concrete in

1166
01:21:04.039 --> 01:21:09.199
<v Speaker 8>the floor of the garage after Michelle went missing, but

1167
01:21:09.319 --> 01:21:14.239
<v Speaker 8>we couldn't confirm that. We tried. We reached out the

1168
01:21:14.359 --> 01:21:20.399
<v Speaker 8>contract concrete dealers and contractors, but you know, several years

1169
01:21:20.479 --> 01:21:23.399
<v Speaker 8>had passed and their record I think wasn't the greatest,

1170
01:21:23.479 --> 01:21:27.800
<v Speaker 8>so we were never able to confirm when the concrete

1171
01:21:27.880 --> 01:21:32.560
<v Speaker 8>was poured. But we were still interested in whether or

1172
01:21:32.600 --> 01:21:36.439
<v Speaker 8>not he might have used the concrete to help hide

1173
01:21:36.479 --> 01:21:41.039
<v Speaker 8>the body. So before we started digging, we brought in

1174
01:21:41.840 --> 01:21:45.000
<v Speaker 8>ground penetrating radar and had them scan the garage floor

1175
01:21:46.720 --> 01:21:49.560
<v Speaker 8>and it was it was, it was. It was not

1176
01:21:49.680 --> 01:21:53.479
<v Speaker 8>a real definitive uh scan, but there was some type

1177
01:21:53.520 --> 01:21:58.520
<v Speaker 8>of mass large enough to be a human body underneath

1178
01:21:58.600 --> 01:22:02.119
<v Speaker 8>the concrete. UH. So we decided to go ahead and

1179
01:22:02.159 --> 01:22:06.840
<v Speaker 8>tear up the concrete, which which we did ourselves jackhammers

1180
01:22:06.880 --> 01:22:11.279
<v Speaker 8>and whatever. It took front end loaders, and we examined

1181
01:22:11.319 --> 01:22:13.640
<v Speaker 8>every piece of concrete we pulled out of the air,

1182
01:22:13.760 --> 01:22:16.600
<v Speaker 8>and then once the concrete was out, we dug down

1183
01:22:16.680 --> 01:22:22.039
<v Speaker 8>six feet more and we were really optimistic at one

1184
01:22:22.079 --> 01:22:26.279
<v Speaker 8>point that we might find her, but we never did.

1185
01:22:28.600 --> 01:22:33.479
<v Speaker 8>We were disappointed, but but we kept we kept looking,

1186
01:22:33.720 --> 01:22:38.920
<v Speaker 8>and we ended up digging up an old Well what

1187
01:22:39.039 --> 01:22:42.880
<v Speaker 8>else did we do out there? We had diver searched

1188
01:22:42.880 --> 01:22:46.199
<v Speaker 8>the pond. So we were doing as much as this

1189
01:22:46.880 --> 01:22:50.000
<v Speaker 8>on Stacy Stewart's property as the state police were doing

1190
01:22:50.359 --> 01:22:56.079
<v Speaker 8>on cows, but we were coming up empty. Also, one

1191
01:22:56.119 --> 01:23:01.159
<v Speaker 8>of the things that I should note about the items

1192
01:23:01.239 --> 01:23:05.520
<v Speaker 8>in the burn pit, when we when we asked to

1193
01:23:05.680 --> 01:23:08.359
<v Speaker 8>use those items as evidence in the trial, they were denied,

1194
01:23:08.960 --> 01:23:12.359
<v Speaker 8>even though they were circumstantially linked to Michelle. And but

1195
01:23:12.520 --> 01:23:15.760
<v Speaker 8>you know, Bruce made the argument, and I totally agree that,

1196
01:23:16.600 --> 01:23:19.800
<v Speaker 8>you know, had had those same items been found in

1197
01:23:19.880 --> 01:23:23.439
<v Speaker 8>a burn pit on Col's property, there was no doubt

1198
01:23:23.520 --> 01:23:25.640
<v Speaker 8>that they would have been used against him.

1199
01:23:26.920 --> 01:23:31.000
<v Speaker 7>Yeah. Yes, it's very fascinating too for people that are

1200
01:23:31.039 --> 01:23:33.399
<v Speaker 7>going to take to take the time to read this,

1201
01:23:33.600 --> 01:23:39.199
<v Speaker 7>that the Kevin Tubbs really changed this case in this

1202
01:23:39.399 --> 01:23:43.960
<v Speaker 7>trial and and Calvin cal Harris's future, but also that

1203
01:23:44.840 --> 01:23:47.880
<v Speaker 7>once he was on the stand, and the attack on

1204
01:23:48.079 --> 01:23:51.840
<v Speaker 7>his credibility and his character and then his responses because

1205
01:23:51.840 --> 01:23:53.640
<v Speaker 7>he said I'm not going to take it. He had

1206
01:23:53.680 --> 01:23:56.039
<v Speaker 7>experience with the state police and say he was not

1207
01:23:56.079 --> 01:23:59.640
<v Speaker 7>going to take it, and and so he certainly didn't.

1208
01:23:59.760 --> 01:24:03.199
<v Speaker 7>And fascinating for you to have this as part of

1209
01:24:03.239 --> 01:24:09.039
<v Speaker 7>the book, his defiant testimony and his success in being

1210
01:24:09.079 --> 01:24:12.079
<v Speaker 7>able to change the course of this case completely.

1211
01:24:13.279 --> 01:24:16.319
<v Speaker 8>Yeah, Kevin, in my opinion, he's kind of the hero here.

1212
01:24:17.840 --> 01:24:20.239
<v Speaker 8>You know, he didn't he didn't have to come forward.

1213
01:24:21.239 --> 01:24:23.079
<v Speaker 8>He told me more than once he said, I'm just

1214
01:24:23.159 --> 01:24:28.079
<v Speaker 8>trying to do the right thing. And they and they, they,

1215
01:24:28.680 --> 01:24:33.239
<v Speaker 8>they they attacked his credibility and then uh, and one

1216
01:24:33.279 --> 01:24:36.399
<v Speaker 8>of the other disappointing thing for me was, uh, you

1217
01:24:36.479 --> 01:24:39.239
<v Speaker 8>know when I, when I developed all of these all

1218
01:24:39.279 --> 01:24:43.720
<v Speaker 8>of this information about Stacy Stewart and Chris Thomasin actually

1219
01:24:43.800 --> 01:24:46.840
<v Speaker 8>went to the State Police and had a meeting with them,

1220
01:24:46.920 --> 01:24:50.800
<v Speaker 8>and he tried to convince them to pick up where

1221
01:24:50.840 --> 01:24:53.920
<v Speaker 8>I left off and to pursue Stacy Steward and Chris

1222
01:24:54.000 --> 01:24:57.359
<v Speaker 8>Thomason to the next level, you know, with their with

1223
01:24:57.520 --> 01:25:03.800
<v Speaker 8>their authority and and uh uh uh yeah, and their

1224
01:25:03.880 --> 01:25:08.119
<v Speaker 8>their resources, they could have in my opinion, I think

1225
01:25:08.159 --> 01:25:11.199
<v Speaker 8>the case could have been solved. But they chose not

1226
01:25:11.319 --> 01:25:15.600
<v Speaker 8>to do that. And that still disturbs me that because

1227
01:25:15.640 --> 01:25:17.760
<v Speaker 8>I know how aggressive they can be when they pursue

1228
01:25:17.760 --> 01:25:20.319
<v Speaker 8>a suspect, and when it came to Stacy Stewart, they

1229
01:25:20.439 --> 01:25:21.720
<v Speaker 8>just didn't want to go there.

1230
01:25:23.159 --> 01:25:28.119
<v Speaker 7>M you don't paint You don't paint a good picture

1231
01:25:28.279 --> 01:25:30.960
<v Speaker 7>of the conduct of many of the players in this,

1232
01:25:31.159 --> 01:25:35.960
<v Speaker 7>including Sulmolvy and and the State Police itself. Once they

1233
01:25:36.039 --> 01:25:38.960
<v Speaker 7>had their target set and what their site set on there,

1234
01:25:39.199 --> 01:25:41.600
<v Speaker 7>I don't know who they wanted to prosecute. And you

1235
01:25:42.239 --> 01:25:46.159
<v Speaker 7>cite all of this in your book before I before

1236
01:25:46.199 --> 01:25:50.319
<v Speaker 7>you wrap up, what do you think really happened? As

1237
01:25:50.399 --> 01:25:51.960
<v Speaker 7>you write in the book, what are your what are

1238
01:25:52.000 --> 01:25:56.000
<v Speaker 7>your conclusions on what happened and why.

1239
01:25:56.640 --> 01:25:59.000
<v Speaker 8>I can't say. I can't say I don't have a

1240
01:25:59.640 --> 01:26:04.199
<v Speaker 8>posit the conclusion, but I have a reasonable hypothesis based

1241
01:26:04.279 --> 01:26:07.279
<v Speaker 8>on what my own investigation and what I learned from

1242
01:26:09.239 --> 01:26:13.439
<v Speaker 8>witnesses that we talked to. After Kevin Tubbs came forward

1243
01:26:13.479 --> 01:26:20.079
<v Speaker 8>and I started looking at Stacy Stewart more closely, I

1244
01:26:20.640 --> 01:26:25.039
<v Speaker 8>believe that there was that when Michelle left Brian Early's

1245
01:26:25.039 --> 01:26:29.359
<v Speaker 8>house that night, she didn't go home. She went back

1246
01:26:29.800 --> 01:26:34.640
<v Speaker 8>and met up with Stacy Stewart at the nightclub. They

1247
01:26:34.800 --> 01:26:38.520
<v Speaker 8>danced and drank, got drunk together, and then the party

1248
01:26:38.600 --> 01:26:45.359
<v Speaker 8>continued up at his house. And I think Stacey had

1249
01:26:45.359 --> 01:26:48.520
<v Speaker 8>a couple of friends there, Chris thomasin and Right Shoulders,

1250
01:26:49.359 --> 01:26:53.479
<v Speaker 8>and she may have thought there was safety in numbers,

1251
01:26:53.560 --> 01:26:56.039
<v Speaker 8>but they had other things in mind, and I think

1252
01:26:57.199 --> 01:27:01.239
<v Speaker 8>she married. They may very well have been sexually assaulted.

1253
01:27:03.560 --> 01:27:07.239
<v Speaker 8>And then when she tried to go home, you know,

1254
01:27:07.399 --> 01:27:11.439
<v Speaker 8>Stacy knew that would be trouble for him if if

1255
01:27:11.479 --> 01:27:14.479
<v Speaker 8>she said anything, so he follows her and stops her

1256
01:27:14.520 --> 01:27:18.960
<v Speaker 8>at the end of the driveway. He's arguing with her,

1257
01:27:19.840 --> 01:27:24.520
<v Speaker 8>demanding that she get in the car. She's begging with him.

1258
01:27:25.479 --> 01:27:29.920
<v Speaker 8>Then along comes Kevin Tubbs, he sees what he sees,

1259
01:27:30.000 --> 01:27:34.359
<v Speaker 8>and then John Steele comes by, and then here's Stacy

1260
01:27:35.159 --> 01:27:37.159
<v Speaker 8>selling you know, get in the car, getting the damn car.

1261
01:27:38.520 --> 01:27:44.760
<v Speaker 8>And then after he's out of sight, Michelle's abducted by Stacy,

1262
01:27:46.039 --> 01:27:53.960
<v Speaker 8>and when when she realizes that her chances of survival

1263
01:27:54.000 --> 01:27:57.640
<v Speaker 8>are not good if she if he gets her back

1264
01:27:57.680 --> 01:28:06.520
<v Speaker 8>to his cabin, she decides to save herself. But unfortunately,

1265
01:28:06.600 --> 01:28:09.800
<v Speaker 8>even though she probably fought very heroically, he overpowered her

1266
01:28:09.880 --> 01:28:15.760
<v Speaker 8>and stabbed her right there in the truck and just

1267
01:28:16.079 --> 01:28:21.640
<v Speaker 8>real quickly, we also caught up to and found Stacy's

1268
01:28:21.720 --> 01:28:26.680
<v Speaker 8>old truck down in Louisiana and had it examined it. Unfortunately,

1269
01:28:26.760 --> 01:28:30.920
<v Speaker 8>it's now been you know, fourteen years later, but there

1270
01:28:31.000 --> 01:28:33.760
<v Speaker 8>was still traces of blood on the back seat and

1271
01:28:33.920 --> 01:28:38.640
<v Speaker 8>behind the door panels on the passenger side that tested

1272
01:28:38.720 --> 01:28:43.000
<v Speaker 8>positive for blood, but only a partial DNA profile could

1273
01:28:43.000 --> 01:28:48.640
<v Speaker 8>be established, so we couldn't conclusively say that it was

1274
01:28:48.680 --> 01:28:53.840
<v Speaker 8>Michelle's blood. But interestingly, we also found a diamond studded

1275
01:28:53.880 --> 01:28:59.439
<v Speaker 8>earring wedged in the seat belt retractor on the passenger

1276
01:28:59.600 --> 01:29:02.319
<v Speaker 8>side that looked an awful lot like one of the

1277
01:29:02.560 --> 01:29:04.960
<v Speaker 8>ear rings Michelle would where when you look at some

1278
01:29:05.079 --> 01:29:08.359
<v Speaker 8>of her photographs and it was all it was all

1279
01:29:08.479 --> 01:29:12.359
<v Speaker 8>pitted and tarnished, but it was still intact. And there

1280
01:29:12.439 --> 01:29:16.159
<v Speaker 8>was a DNA profile on there that was inconclusive, but

1281
01:29:17.119 --> 01:29:20.239
<v Speaker 8>the one that was there could not eliminate Michelle.

1282
01:29:21.720 --> 01:29:27.119
<v Speaker 7>Yeah, just an amazing story and we just we just

1283
01:29:27.239 --> 01:29:28.960
<v Speaker 7>touched on it tonight certainly.

1284
01:29:29.039 --> 01:29:29.199
<v Speaker 9>Yeah.

1285
01:29:29.239 --> 01:29:31.880
<v Speaker 8>Yeah, just just touched on it. So I would encourage

1286
01:29:31.880 --> 01:29:34.279
<v Speaker 8>anybody who wants to learn more to read the book,

1287
01:29:35.520 --> 01:29:36.840
<v Speaker 8>and uh, you'll learn everything.

1288
01:29:38.439 --> 01:29:41.479
<v Speaker 7>Yes, absolutely. I want to thank you very much for

1289
01:29:41.600 --> 01:29:44.600
<v Speaker 7>coming on and talking about Reign of Injustice to Carol

1290
01:29:44.640 --> 01:29:49.439
<v Speaker 7>Harris story. David M. Beers, is there a website, Facebook page,

1291
01:29:49.600 --> 01:29:52.800
<v Speaker 7>or or just an Amazon page for them to take

1292
01:29:52.800 --> 01:29:53.279
<v Speaker 7>a look at this?

1293
01:29:53.520 --> 01:29:58.119
<v Speaker 8>And probably the best way right now? I think eventually

1294
01:29:58.119 --> 01:29:59.920
<v Speaker 8>I'm going to put together a web page, but I

1295
01:30:00.000 --> 01:30:02.359
<v Speaker 8>I haven't done that yet. I do have an email

1296
01:30:03.960 --> 01:30:05.960
<v Speaker 8>that I set up just for the book. It's it's

1297
01:30:06.680 --> 01:30:15.119
<v Speaker 8>David Mbeers dot author at gmail dot com. Uh, and

1298
01:30:15.479 --> 01:30:17.119
<v Speaker 8>you can you can learn quite a bit by just

1299
01:30:17.800 --> 01:30:22.039
<v Speaker 8>going to Google on Amazon or whatever and just type

1300
01:30:22.079 --> 01:30:25.880
<v Speaker 8>in the title Reign of Injustice and everything will come up.

1301
01:30:27.640 --> 01:30:30.960
<v Speaker 7>Yes, I want to thank you very much, David Mbers

1302
01:30:31.039 --> 01:30:33.600
<v Speaker 7>for coming on and talking about Reignom Injustice to Cal

1303
01:30:33.680 --> 01:30:38.199
<v Speaker 7>Harris story. It is a fantastic investigation. I applaud you

1304
01:30:38.319 --> 01:30:43.800
<v Speaker 7>for your incredible, exhaustive investigation and this extraordinary book and

1305
01:30:44.760 --> 01:30:47.199
<v Speaker 7>chronicling this amazing case. I want to thank you very much,

1306
01:30:47.359 --> 01:30:48.159
<v Speaker 7>David M. Beers.

1307
01:30:49.000 --> 01:30:53.560
<v Speaker 8>Well, thanks for having me, thank you, thank you, good night, Thanks,

1308
01:30:53.960 --> 01:30:54.319
<v Speaker 8>good night,
