WEBVTT

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<v Speaker 1>I love all right, he look his voice. Washington County

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<v Speaker 1>sits in the southeastern corner of Missouri, in the section

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<v Speaker 1>of the state the locals call the Missouri Ozarks. French

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<v Speaker 1>explorers came through the air are in the early eighteenth century,

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<v Speaker 1>drawn by the promise of lead deposits in the hills

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<v Speaker 1>around what would become the county seat of Potosi. Permanent

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<v Speaker 1>settlement followed in seventeen sixty three. The county itself was

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<v Speaker 1>formerly organized in eighteen thirteen, named for the first President.

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<v Speaker 1>It spent the next two centuries doing what rural counties

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<v Speaker 1>in the American interior tend to do, farming, mining, raising families,

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<v Speaker 1>and watching its young people leave for somewhere larger. It's

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<v Speaker 1>one of the most sparsely populated counties in Missouri. At

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<v Speaker 1>the time of the nineteen ninety census, the entire county

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<v Speaker 1>held fewer than twenty thousand people across eight hundred square

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<v Speaker 1>miles of land. Within that county, Tucked into its eastern

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<v Speaker 1>reaches along Hopewell Creek and south of a crossroads called

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<v Speaker 1>Summit Sits, the unincorporated community of Hopewell doesn't appear on

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<v Speaker 1>most road maps. It has no mayor, no municipal boundary,

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<v Speaker 1>no town center in any conventional sense. Post office that

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<v Speaker 1>served the area operated for over one hundred years before

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<v Speaker 1>closing in nineteen seventy eight. What remained with something much quieter.

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<v Speaker 1>It's just a collection of families spread out along rural roads.

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<v Speaker 1>People here know each other. They often leave their doors unlocked.

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<v Speaker 1>Extended families live within walking distance, sometimes within shouting distance.

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<v Speaker 1>There was a railroad track that cut through the scrub

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<v Speaker 1>land on the edge of the community, and beyond them

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<v Speaker 1>fields and trees and the particular stillness of rural Missouri

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<v Speaker 1>in winter. It was the kind of place where if

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<v Speaker 1>something went wrong, everyone would know about it before the

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<v Speaker 1>day was out, and nothing, as a rule went wrong.

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<v Speaker 1>On the evening of the fourth of December nineteen ninety eight,

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<v Speaker 1>two teenage boys were at a trailer near those railroad tracks.

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<v Speaker 1>It spent the evening the way teenage boys do, playing games,

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<v Speaker 1>killing time, waiting for sleep to come. When it's dyed.

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<v Speaker 1>The night was quiet and ordinary and completely unremarkable in

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<v Speaker 1>every way. But then some time before half past six

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<v Speaker 1>in the morning, they woke up to the smell of smoke.

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<v Speaker 1>Rita and Smith was born in Hopewell on the seventeenth

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<v Speaker 1>of April nineteen fifty eight. She grew up a local girl,

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<v Speaker 1>part of the fabric of Hopewell, and as a teenager

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<v Speaker 1>she fell in love with a man from the same

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<v Speaker 1>tight knit community. His name was Edward Polyte. They married young,

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<v Speaker 1>just two young teenagers building alive together. The couple went

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<v Speaker 1>on to have three children, first Game, Crystal, then Melody.

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<v Speaker 1>By the time their youngest arrived, Rida and Edward had

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<v Speaker 1>been parents long enough to have settled into patterns. They

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<v Speaker 1>had a boy, and they named him Michael Bernard Polyte.

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<v Speaker 1>He went by Bernie, a nickname that came naturally from

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<v Speaker 1>his middle name. He was the only son, the baby

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<v Speaker 1>of the family, and from the very beginning he was

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<v Speaker 1>attached to his mother in a way that every one

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<v Speaker 1>around them noticed and remembered. Rada wasn't a woman who

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<v Speaker 1>went unnoticed. Her daughters would later describe her in terms

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<v Speaker 1>that were almost musical in their consistency. They said that

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<v Speaker 1>her laugh was the first thing people noticed about her.

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<v Speaker 1>She was always laughing, always smiling. She always had the

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<v Speaker 1>camcorder out at Michael's football games and baseball games. She

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<v Speaker 1>worked hard, She showed up and she loved openly. In

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<v Speaker 1>a community where people knew each other close enough to

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<v Speaker 1>recognize character, Rada was known as warm and friendly. But

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<v Speaker 1>behind the warmth of the household, something else was running underneath.

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<v Speaker 1>Rada and Edward's marriage had been fractured for years, and

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<v Speaker 1>the fractures ran deep. Reflecting on her childhood, Melanie said

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<v Speaker 1>that her father was mentally abusive. Cristel said that he

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<v Speaker 1>had also been faithful. This didn't happen just once, it

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<v Speaker 1>happened all throughout their marriage. And yet, as Cristel explained it,

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<v Speaker 1>their mother loved him. That love outweighed every other feeling

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<v Speaker 1>that she had. Michael, the youngest, didn't escape the weight

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<v Speaker 1>of that household. He witnessed violence between his parents. During

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<v Speaker 1>one incident, the police were called. Michael told them his

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<v Speaker 1>father pushed his mother to the floor and choked her.

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<v Speaker 1>He absorbed, as children often do, the particular tension of

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<v Speaker 1>loving two people who were hurting each other. He rode

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<v Speaker 1>his bicycle around Hope, well played football, helped set fires

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<v Speaker 1>on the railroad tracks with his friends. Out of the

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<v Speaker 1>straightforward boredom that belongs to teenage boys in rural places,

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<v Speaker 1>he was happy. He would later say. The marriage lasted

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<v Speaker 1>more than twenty years, which is a long time to

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<v Speaker 1>hold something broken together, but by nineteen ninety eight it

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<v Speaker 1>was over. The couple finalized their divorce that summer. The

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<v Speaker 1>decree cited Edward's infidelity. Rita, who was now forty years old,

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<v Speaker 1>moved into a double wide mobile home in Hoopwell and

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<v Speaker 1>began the work of rebuilding a life that was hers alone.

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<v Speaker 1>She worked at a tool factory in Saint Francis County.

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<v Speaker 1>She took part time night shifts at old minds at

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<v Speaker 1>local bars. She kept her youngest with her. Michael, for

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<v Speaker 1>his part, had made his choice clear. His father had

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<v Speaker 1>tried to get him to come and live with him,

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<v Speaker 1>and had reportedly even offered him money to do it.

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<v Speaker 1>Michael refused, he wanted to be with his mother. In

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<v Speaker 1>the end, a compromise was reached and he split his

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<v Speaker 1>time between both homes, though when given the choice, he

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<v Speaker 1>always angled back towards his mother. It hadn't been a

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<v Speaker 1>clean or a peaceful divorce. These things rarely are, but

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<v Speaker 1>this one was especially raw. A week before December, a

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<v Speaker 1>judge had analyze the financial terms. Rada was awarded child

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<v Speaker 1>support half her ex husband's retirement money, attorney fees, and maintenance.

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<v Speaker 1>According to people who knew the family, Edward's response to

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<v Speaker 1>the ruling was one of anger. In open court, he

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<v Speaker 1>had an outburst. He told Rada she wouldn't live to

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<v Speaker 1>see a penny of that money. Later that night, he

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<v Speaker 1>called her at the bar where she worked. Some people

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<v Speaker 1>said he's threatened to kill her. Edwards denied it, but

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<v Speaker 1>the words had been said the people who heard them

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<v Speaker 1>carried them. As the turmoil was surrounding the family, Michael

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<v Speaker 1>had found himself navigating adolescens, and he wasn't navigating it gracefully.

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<v Speaker 1>He was fourteen years old and had failed seventh grade

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<v Speaker 1>three times by this point, skipping's with an off regularity.

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<v Speaker 1>That truancy had become a habit. He started to drink alcohol.

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<v Speaker 1>He once even told the teacher he wasn't afraid to

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<v Speaker 1>use a gun or a knife. It was in a

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<v Speaker 1>threatening manner, and he was suspended ten months Before December

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<v Speaker 1>of ninety ninety eight, things had deteriorated to a point

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<v Speaker 1>where Michael was hospitalized for behavioral issues. He had threatened

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<v Speaker 1>to kill both himself and his mother. In the middle

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<v Speaker 1>of an argument. He said he would put her six

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<v Speaker 1>feet under. He would later say he hadn't meant it,

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<v Speaker 1>that it was the biggest regret of his life. Redistressed

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<v Speaker 1>that she wasn't afraid of her son. She knew that

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<v Speaker 1>he was struggling with the messy divorce. His sisters attributed

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<v Speaker 1>his behavior at being caught in the middle of his

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<v Speaker 1>parents' war, his father pulling at him from one direction,

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<v Speaker 1>his loyalty to his mother angering him from the other.

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<v Speaker 1>He was, as one reporter would later put it, an angry,

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<v Speaker 1>troubled teenager. But he was also a boy who refused

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<v Speaker 1>money to leave his mother's side. These things can both

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<v Speaker 1>be true. Adolescence doesn't sort itself neatly into categories, and

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<v Speaker 1>Michael Palade existed in the complicated space between the two.

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<v Speaker 1>By early December of nineteen ninety eight, Radel was settled

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<v Speaker 1>into her trailer, working her shifts at the bar, and

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<v Speaker 1>doing what newly single mothers do, which is keep going.

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<v Speaker 1>The court had ruled in her favor. Her children, the

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<v Speaker 1>two oldest daughters, now grown and living their own lives nearby,

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<v Speaker 1>and her youngest still circling back to her, were still

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<v Speaker 1>hers to love. There was financial pressure, and there was

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<v Speaker 1>lingering bitterness from the divorce, but Rada was by every

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<v Speaker 1>account a woman who kept showing up. On the evening

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<v Speaker 1>of the fourth of December, Michael was at his mother's place.

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<v Speaker 1>Rida headed out for the night to work at the bar.

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<v Speaker 1>The trailer was quiet, and Michael hopped on his bicycle

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<v Speaker 1>and rode down towards the General's store. There he ran

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<v Speaker 1>into a schoolmate, fifteen year old Josh Sansucci. The two

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<v Speaker 1>boys fell into easy company, and Michael invited him back

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<v Speaker 1>for a sleepover. They played chess and video games. At

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<v Speaker 1>some point in the evening, they headed down to the

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<v Speaker 1>railroad tracks nearby and seat of fire. Michael later said

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<v Speaker 1>that all the local kids did it, burning things in

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<v Speaker 1>the dark for the uncomplicated entertainment of watching something catch.

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<v Speaker 1>Then they went back to the trailer. Rady came home

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<v Speaker 1>around midnight carrying sandwiches for the boys. The three of

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<v Speaker 1>them sat together while she checked her answering machine. Then

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<v Speaker 1>she told them she was going to bed. It was

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<v Speaker 1>laid and the boys were tired, so they decided to

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<v Speaker 1>head the bed as well. Michael asked Josh where he

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<v Speaker 1>wanted to sleep. In the living room on the fold

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<v Speaker 1>out couch or on the floor in his bedroom. Josh

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<v Speaker 1>said he would crash on the floor. The radio was on,

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<v Speaker 1>the door was locked. It was a completely ordinary night.

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<v Speaker 1>It was just after six point thirty in the morning

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<v Speaker 1>when Michael awoke to the acrid smell of smoke. He

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<v Speaker 1>could smell that something was burning. He glanced over to

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<v Speaker 1>the side and saw Josh as sleep. He roused him awake.

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<v Speaker 1>Together they opened the bedroom door and came out into

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<v Speaker 1>the narrow hallway of the trailer. The smoke grew heavier

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<v Speaker 1>with each step that they took, and then across from

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<v Speaker 1>them they could see a glow coming from underneath Raida's

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<v Speaker 1>bedroom door. It was orange and flickering. Michael called out

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<v Speaker 1>to his mother, but there was no answer. He then

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<v Speaker 1>ran outside and grabbed the garden hose. He dragged it

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<v Speaker 1>inside and over to his mother's bedroom. He opened up

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<v Speaker 1>the door. It took his brain a second to catch

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<v Speaker 1>up with what his eyes had seen. His mother, Rida

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<v Speaker 1>was on the floor. She was on fire from the

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<v Speaker 1>waist up. Her legs were visible and there was blood

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<v Speaker 1>on them. Michael's hands were shaking as he turned the

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<v Speaker 1>water on. He stood there, he later said, for some

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<v Speaker 1>amount of time he couldn't measure. Could have been seconds,

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<v Speaker 1>it could have been minutes. He was in a state

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<v Speaker 1>of shock. Meanwhile, Josh ran to the neighbor's home for help.

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<v Speaker 1>He told him that the polite trailer was on fire

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<v Speaker 1>and to call nine one one. As he spoke, Michael

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<v Speaker 1>appeared around the side of the home. The neighbor ran

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<v Speaker 1>to the trailer and found that the hose was still won.

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<v Speaker 1>He grabbed a large pot and filled it with water

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<v Speaker 1>and then entered the bedroom. He was able to put

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<v Speaker 1>out the fire, but it was already too late. Raid

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<v Speaker 1>Up Polyte was dead. The first officers from the Washington

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<v Speaker 1>County Sheriff's Department pulled up to the trailer to find

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<v Speaker 1>police cars and fire trucks beginning to line the driveway.

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<v Speaker 1>One of the responding officers that morning was Tammy Nash,

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<v Speaker 1>who worked in the department at the time. She would

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<v Speaker 1>later recall that you could smell it before you even

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<v Speaker 1>reached the door, the smoke and something underneath it, the

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<v Speaker 1>smell of flesh. While the officers found inside Rada's bedroom

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<v Speaker 1>told them almost immediately that this was no accident. Rada

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<v Speaker 1>had suffered severe blunt force trauma to the head, She

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<v Speaker 1>had cracks at the back of her skull. Blood was

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<v Speaker 1>visible on the bedroom walls and there was a sign

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<v Speaker 1>of a struggle. There were blood streaks on the door

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<v Speaker 1>light switch and the bed sheets. There was a pull

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<v Speaker 1>of blood in the floor near the doorway. It wasn't

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<v Speaker 1>the blunt force trauma that had killed Rada, however, she

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<v Speaker 1>had died from carbon monoxide poisoning. Rita was still alive

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<v Speaker 1>when she was set on far A far Marshall arrived

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<v Speaker 1>and quickly reached the conclusion that an accelerant must have

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<v Speaker 1>been used to set the body on fire. There was

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<v Speaker 1>no murder weapon in sight. Tammy Nash and her colleagues

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<v Speaker 1>had searched for one. They went through the trailer carefully,

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<v Speaker 1>but they found nothing outside. Fourteen year old Michael was

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<v Speaker 1>sitting in the front passenger seat of a police car

211
00:14:27.120 --> 00:14:30.039
<v Speaker 1>when his sister's Crystal and Melanie arrived at the scene.

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<v Speaker 1>They ran straight to the window. He had suit on

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<v Speaker 1>his face and dawing through the suit. There were two

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00:14:36.039 --> 00:14:40.240
<v Speaker 1>clean lines where tears had tracked. They asked her brother

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00:14:40.320 --> 00:14:44.519
<v Speaker 1>what happened. He looked at them and said, Mom's dead.

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<v Speaker 1>That image of their brother sitting in that police car

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00:14:48.840 --> 00:14:51.679
<v Speaker 1>with a suit streaked face and tear marks running through

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00:14:51.679 --> 00:14:54.519
<v Speaker 1>It was one that the sisters would carry with them

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00:14:54.519 --> 00:14:58.480
<v Speaker 1>for years. But it was not the face that investigators

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00:14:58.480 --> 00:15:01.919
<v Speaker 1>were focused on in those early off They were watching

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00:15:01.960 --> 00:15:06.720
<v Speaker 1>something else. They were watching how Michael moved, how he spoke,

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00:15:07.360 --> 00:15:11.240
<v Speaker 1>what he said and didn't say. They were building an impression.

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00:15:17.840 --> 00:15:20.080
<v Speaker 1>On the drive from the trailer did the Washington County

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<v Speaker 1>Sheriff's Department. Michael asked the officer a question. He asked,

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00:15:25.519 --> 00:15:29.200
<v Speaker 1>what was going to happen to his mother's truck. It

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00:15:29.279 --> 00:15:32.200
<v Speaker 1>was the kind of thing that, in another context, in

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<v Speaker 1>a room full of people who understood grief and shock

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00:15:35.240 --> 00:15:38.639
<v Speaker 1>and the strange places a stunned mind will go, might

229
00:15:38.679 --> 00:15:42.919
<v Speaker 1>have passed without comment. Rita had loved that truck. It

230
00:15:42.960 --> 00:15:46.519
<v Speaker 1>was hers. When you lose someone, Crystal would later say,

231
00:15:46.679 --> 00:15:50.519
<v Speaker 1>you want to hold on the things, anything, You reach

232
00:15:50.559 --> 00:15:54.039
<v Speaker 1>for something tangible, because the loss itself it's too large

233
00:15:54.080 --> 00:15:59.720
<v Speaker 1>to hold. Michael's family understood that completely. The investigators, however,

234
00:16:00.279 --> 00:16:04.559
<v Speaker 1>heard it differently. To them. It was a flag, the

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00:16:04.600 --> 00:16:08.559
<v Speaker 1>first of several. Michael then asked if an autopsy could

236
00:16:08.600 --> 00:16:13.279
<v Speaker 1>determine whether his mother's throat had been slashed another red

237
00:16:13.320 --> 00:16:17.200
<v Speaker 1>flag to detectives. He later said he was just trying

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00:16:17.200 --> 00:16:20.720
<v Speaker 1>to find out how his mother had died. At the

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00:16:20.759 --> 00:16:24.799
<v Speaker 1>Sheriff's department, Michael was given a voice dress test. He

240
00:16:24.879 --> 00:16:27.559
<v Speaker 1>was fourteen years old, had just witnessed something that no

241
00:16:27.679 --> 00:16:31.200
<v Speaker 1>person of any age should witness. He was told he

242
00:16:31.240 --> 00:16:36.559
<v Speaker 1>had failed. Then the investigators took his shoes. An accelerant

243
00:16:36.600 --> 00:16:40.559
<v Speaker 1>sniffing dog was brought in to examine them. According to

244
00:16:40.600 --> 00:16:43.840
<v Speaker 1>the officers, the dog alerted to the presence of an accelerant,

245
00:16:45.000 --> 00:16:48.480
<v Speaker 1>but there was a problem with detective's theory. There was

246
00:16:48.480 --> 00:16:52.240
<v Speaker 1>no blood found on any of Michael's clothing, nothing on

247
00:16:52.279 --> 00:16:54.720
<v Speaker 1>the clothes he was wearing, and nothing on any of

248
00:16:54.720 --> 00:16:58.600
<v Speaker 1>the clothing Inside the home. Both Michael and his friend

249
00:16:58.679 --> 00:17:02.639
<v Speaker 1>Josh continued to tell this same story. They'd gone to sleep,

250
00:17:03.000 --> 00:17:05.759
<v Speaker 1>they'd woken up to smoke. They had no clue what

251
00:17:05.839 --> 00:17:10.079
<v Speaker 1>happened in between, But detectives weren't interested in that story.

252
00:17:11.200 --> 00:17:15.480
<v Speaker 1>They began to question the boys repeatedly across multiple sessions

253
00:17:15.519 --> 00:17:19.119
<v Speaker 1>that stretched over two days. They pushed at the gaps

254
00:17:19.480 --> 00:17:22.240
<v Speaker 1>and pressed on the places where the account felt to

255
00:17:22.359 --> 00:17:27.519
<v Speaker 1>them incomplete. Michael recalled being taken through the same sequence

256
00:17:27.559 --> 00:17:31.079
<v Speaker 1>over and over again. Every time he reached the point

257
00:17:31.079 --> 00:17:33.680
<v Speaker 1>where he woke up and found his mother, the officers

258
00:17:33.720 --> 00:17:36.839
<v Speaker 1>would stop him. They told him he was missing something.

259
00:17:37.759 --> 00:17:40.279
<v Speaker 1>They told him there was a gap he wasn't accounting for.

260
00:17:41.519 --> 00:17:45.000
<v Speaker 1>Michael held his position. He said what he knew, and

261
00:17:45.079 --> 00:17:46.920
<v Speaker 1>what he knew was that he had gone to sleep

262
00:17:46.920 --> 00:17:49.799
<v Speaker 1>in his room and had woken up to smoke and

263
00:17:49.839 --> 00:17:52.240
<v Speaker 1>his mother on fire, and had tried to put out

264
00:17:52.279 --> 00:17:55.559
<v Speaker 1>the fire with the host. By this point, detectives had

265
00:17:55.599 --> 00:17:59.279
<v Speaker 1>learned that Michael enjoyed setting fires. In the yard of

266
00:17:59.279 --> 00:18:02.440
<v Speaker 1>the home, they found several burned plastic bottles and several

267
00:18:02.480 --> 00:18:07.160
<v Speaker 1>gas cans. Michael admitted that he often burned things many

268
00:18:07.200 --> 00:18:11.359
<v Speaker 1>teenagers in the area did. Even referred to himself as

269
00:18:11.400 --> 00:18:14.599
<v Speaker 1>a firebug. He said that he and Josh had burned

270
00:18:14.640 --> 00:18:19.000
<v Speaker 1>holes in railroad tires the night before. He said to detectives,

271
00:18:19.759 --> 00:18:23.400
<v Speaker 1>gas doesn't burn down, you have to have chemicals. Even

272
00:18:23.400 --> 00:18:27.119
<v Speaker 1>a firebug like me knows that. Michael knew that detectives

273
00:18:27.119 --> 00:18:30.640
<v Speaker 1>were looking at him as the main suspect. He tried

274
00:18:30.680 --> 00:18:33.240
<v Speaker 1>to defend himself by saying that if he was going

275
00:18:33.279 --> 00:18:35.720
<v Speaker 1>to kill his mother, he would have taken her into

276
00:18:35.720 --> 00:18:38.960
<v Speaker 1>the woods and burned her there. Then, two days after

277
00:18:39.039 --> 00:18:42.960
<v Speaker 1>Rada's body was found, Josh gave a videotape statement at

278
00:18:42.960 --> 00:18:47.160
<v Speaker 1>the Sheriff's department. He sat between two officers with his

279
00:18:47.240 --> 00:18:51.319
<v Speaker 1>mother present. In that statement, Josh said he had woken

280
00:18:51.400 --> 00:18:57.240
<v Speaker 1>up in the middle of the night to a sound,

281
00:18:55.839 --> 00:19:01.279
<v Speaker 1>a woman's voice and burning to or did you see

282
00:19:01.319 --> 00:19:05.559
<v Speaker 1>Bernie in the room at that time? Bernie wasn't in bed.

283
00:19:06.119 --> 00:19:08.559
<v Speaker 1>I didn't seen Could you have seen him if he was,

284
00:19:10.519 --> 00:19:14.119
<v Speaker 1>yes or no? Yes, okay, So there's no doubt that

285
00:19:14.200 --> 00:19:19.839
<v Speaker 1>he wasn't invaded and was he anywhere else in that bedroom?

286
00:19:20.200 --> 00:19:23.039
<v Speaker 1>He said he heard a thud, he thought he heard

287
00:19:23.039 --> 00:19:26.599
<v Speaker 1>a woman's voice, and when the officers pushed him on

288
00:19:26.680 --> 00:19:30.200
<v Speaker 1>where Michael was at that moment, Josh said he hadn't

289
00:19:30.240 --> 00:19:33.759
<v Speaker 1>seen him in the bed. It was, on the surface,

290
00:19:34.319 --> 00:19:48.079
<v Speaker 1>a significant problem for Michael's account. On the ninth of

291
00:19:48.079 --> 00:19:51.119
<v Speaker 1>December nineteen ninety eight, four days after his mother was

292
00:19:51.160 --> 00:19:54.920
<v Speaker 1>found dead on her bedroom floor, Michael Bernard Polite was

293
00:19:55.000 --> 00:19:58.000
<v Speaker 1>formally arrested and charged with her murder in the first degree.

294
00:19:59.400 --> 00:20:02.119
<v Speaker 1>Rita was bare The next day, Michael was allowed to

295
00:20:02.160 --> 00:20:05.240
<v Speaker 1>attend part of the service. He went in an orange

296
00:20:05.319 --> 00:20:08.359
<v Speaker 1>jumpsuit with his hands and fading chains, and he sat

297
00:20:08.400 --> 00:20:11.440
<v Speaker 1>among the people who had known his mother her entire life,

298
00:20:11.960 --> 00:20:14.240
<v Speaker 1>in the community where both of them had grown up,

299
00:20:14.799 --> 00:20:18.720
<v Speaker 1>and he said goodbye to her like that. The charge

300
00:20:18.720 --> 00:20:21.720
<v Speaker 1>against him because of his age placed him initially within

301
00:20:21.759 --> 00:20:26.480
<v Speaker 1>the juvenile system, but Missouri law required that for serious felonies,

302
00:20:26.839 --> 00:20:30.839
<v Speaker 1>a certification hearing had to be held before a judge.

303
00:20:30.880 --> 00:20:33.440
<v Speaker 1>This judge would then determine whether the case would proceed

304
00:20:33.480 --> 00:20:36.680
<v Speaker 1>in the juvenile court or whether Michael would face trial

305
00:20:36.759 --> 00:20:39.880
<v Speaker 1>as an adult. That hearing was scheduled for the thirty

306
00:20:39.880 --> 00:20:43.880
<v Speaker 1>first of March nineteen ninety nine. In the meantime, Michael

307
00:20:43.920 --> 00:20:48.160
<v Speaker 1>was held at the Washington County Juvenile Detention Center. Its

308
00:20:48.240 --> 00:20:52.640
<v Speaker 1>time there, by all accounts, was extremely difficult. Cheryl Graham,

309
00:20:52.640 --> 00:20:56.440
<v Speaker 1>the supervisor of the facility, was testified during the hearing

310
00:20:56.440 --> 00:20:59.359
<v Speaker 1>that in her twelve years overseeing the center, she had

311
00:20:59.400 --> 00:21:04.839
<v Speaker 1>never seen a young person accumulate more misconduct reports. For

312
00:21:04.920 --> 00:21:08.720
<v Speaker 1>two months, she said, Michael caused total disruption to the program.

313
00:21:10.039 --> 00:21:13.799
<v Speaker 1>He was uncooperative, combative with staff, and resistant to any

314
00:21:13.799 --> 00:21:18.039
<v Speaker 1>structure the facility had tried to impose. Then, on the

315
00:21:18.039 --> 00:21:22.000
<v Speaker 1>fifth of January nineteen ninety nine, exactly one month to

316
00:21:22.039 --> 00:21:25.279
<v Speaker 1>the day since his mother died, Michael attempted to take

317
00:21:25.319 --> 00:21:28.559
<v Speaker 1>his own life. He tried to hang himself with the

318
00:21:28.599 --> 00:21:32.720
<v Speaker 1>bed sheath. It was in the immediate response to that attempt,

319
00:21:33.240 --> 00:21:35.920
<v Speaker 1>while staff were dealing with him in the aftermath, that

320
00:21:36.039 --> 00:21:38.759
<v Speaker 1>something happened which would go on to become one of

321
00:21:38.839 --> 00:21:41.839
<v Speaker 1>the most significant pieces of evidence in the entire case.

322
00:21:42.799 --> 00:21:46.119
<v Speaker 1>Three workers at the facility independently wrote in their reports

323
00:21:46.160 --> 00:21:49.759
<v Speaker 1>that Michael, when asked why he had tried to kill himself,

324
00:21:50.160 --> 00:21:54.279
<v Speaker 1>said the following, I have cared about nothing since December fifth,

325
00:21:55.039 --> 00:22:01.759
<v Speaker 1>that's when I killed my mom. Michael claimed that wasn't

326
00:22:01.799 --> 00:22:05.519
<v Speaker 1>what he said. His version of the words were I

327
00:22:05.599 --> 00:22:10.000
<v Speaker 1>haven't cared since they killed my mom, A single word difference,

328
00:22:11.119 --> 00:22:13.759
<v Speaker 1>and he said that every time he was asked without

329
00:22:13.839 --> 00:22:18.720
<v Speaker 1>variation from that point forward. After that incident, Michael was

330
00:22:18.759 --> 00:22:24.400
<v Speaker 1>transferred to Hawthorne Children's Psychiatric Hospital for assessment. Clinicians there

331
00:22:24.400 --> 00:22:27.799
<v Speaker 1>evaluated him and found no need for formal psychiatric treatment

332
00:22:27.880 --> 00:22:31.960
<v Speaker 1>or medication. He was then returned to the juvenile facility,

333
00:22:32.480 --> 00:22:37.359
<v Speaker 1>and he refused further counseling. The certification hearing in March

334
00:22:37.599 --> 00:22:41.400
<v Speaker 1>was notable for a reason beyond its purpose. It was

335
00:22:41.440 --> 00:22:44.599
<v Speaker 1>the first juvenile corpusating in that circuit ever opened to

336
00:22:44.640 --> 00:22:47.559
<v Speaker 1>the public, the result of a change in Missouri law

337
00:22:47.720 --> 00:22:53.319
<v Speaker 1>around serious felony cases. The courtroom was open, reporters were present,

338
00:22:53.599 --> 00:22:56.039
<v Speaker 1>and Michael sat before the judge in his blue jeans

339
00:22:56.039 --> 00:22:59.720
<v Speaker 1>and a knit pullover. The prosecution's argument rested heavily on

340
00:22:59.799 --> 00:23:04.920
<v Speaker 1>my Mindchaell's history. Witnesses spoke about his behavior, problems, the truancy,

341
00:23:05.119 --> 00:23:08.599
<v Speaker 1>the hospitalization, the threat he had made against himself and

342
00:23:08.640 --> 00:23:13.240
<v Speaker 1>his mother ten months before she was killed. Deputy State

343
00:23:13.359 --> 00:23:16.759
<v Speaker 1>Fire Marshal Jim Holdman testified that there was evidence of

344
00:23:16.799 --> 00:23:20.279
<v Speaker 1>fires being said in the yard near the trailer. There

345
00:23:20.319 --> 00:23:24.200
<v Speaker 1>were burned tires on the nearby railroad tracks. Michael had

346
00:23:24.240 --> 00:23:27.559
<v Speaker 1>told detectives at some point that he had accidentally burned

347
00:23:27.559 --> 00:23:30.079
<v Speaker 1>a shed as a child, and that he referred to

348
00:23:30.160 --> 00:23:34.480
<v Speaker 1>himself as a firebug. These pieces were laid out together,

349
00:23:35.079 --> 00:23:39.559
<v Speaker 1>one after another, building a picture. Investigators who had questioned

350
00:23:39.599 --> 00:23:42.920
<v Speaker 1>Michael in the days immediately after the murder testified that

351
00:23:42.960 --> 00:23:45.839
<v Speaker 1>he had appeared agitated and that he had shown no

352
00:23:46.000 --> 00:23:50.480
<v Speaker 1>signs of grief or sadness. That characterization would follow him

353
00:23:50.519 --> 00:23:56.079
<v Speaker 1>further than almost anything else. Social worker Angela Wallace testified

354
00:23:56.079 --> 00:24:02.640
<v Speaker 1>for the defense. She said Michael was dealing with conduct disorder, depression, hyperactivity,

355
00:24:02.720 --> 00:24:06.200
<v Speaker 1>and substance abuse, and that he could be traded appropriately

356
00:24:06.279 --> 00:24:11.480
<v Speaker 1>within the juvenile system. Michael's attorney, Renee Murphy, made the

357
00:24:11.599 --> 00:24:15.160
<v Speaker 1>argument plainly, he wasn't a murderer, and she said that

358
00:24:15.200 --> 00:24:17.839
<v Speaker 1>everyone in that courtroom seemed to have forgotten that Bernie

359
00:24:18.039 --> 00:24:22.400
<v Speaker 1>didn't kill his mother. She pointed to his age, his circumstances,

360
00:24:22.400 --> 00:24:25.240
<v Speaker 1>his grief, and said that certifying him as an adult

361
00:24:25.480 --> 00:24:27.839
<v Speaker 1>would remove any chance he had of receiving the help

362
00:24:27.880 --> 00:24:31.000
<v Speaker 1>he actually needed. On the question of his apparent lack

363
00:24:31.039 --> 00:24:35.079
<v Speaker 1>of emotion, she was direct everybody deals with grief differently.

364
00:24:36.240 --> 00:24:40.000
<v Speaker 1>The Juvenile Service's attorney, in his closing argument, noted what

365
00:24:40.039 --> 00:24:43.839
<v Speaker 1>the psychiatric hospital had found that Michael had no clinical

366
00:24:43.839 --> 00:24:47.799
<v Speaker 1>need for treatment or medication. He was capable of behaving

367
00:24:47.839 --> 00:24:51.400
<v Speaker 1>well when he chose to. What was left unspoken in

368
00:24:51.440 --> 00:24:54.480
<v Speaker 1>that observation was the question of what it meant for

369
00:24:54.559 --> 00:24:58.640
<v Speaker 1>a child who was choosing not to. Edward Pulley was

370
00:24:58.680 --> 00:25:01.960
<v Speaker 1>in the courtroom that day. During a recess. He spoke

371
00:25:02.000 --> 00:25:05.960
<v Speaker 1>briefly to reporters. He said they had it wrong. He

372
00:25:06.039 --> 00:25:10.160
<v Speaker 1>said his son didn't do it. The judge ultimately ruled

373
00:25:10.200 --> 00:25:13.559
<v Speaker 1>that Michael would face trial as an adult. Within minutes

374
00:25:13.599 --> 00:25:16.720
<v Speaker 1>of the order being signed, Prosecutor John Rupp filed the

375
00:25:16.759 --> 00:25:21.279
<v Speaker 1>formal charge, first degree murder. In August of that year,

376
00:25:21.319 --> 00:25:26.240
<v Speaker 1>Michael's defense attorney, Renee Murphy, resigned from the case. The trial,

377
00:25:26.440 --> 00:25:30.279
<v Speaker 1>which was already scheduled, had to be delayed. A change

378
00:25:30.279 --> 00:25:34.319
<v Speaker 1>of venue was also granted, moving proceedings away from Washington County,

379
00:25:34.359 --> 00:25:37.160
<v Speaker 1>where the murder had taken place and where the Polyte

380
00:25:37.200 --> 00:25:41.960
<v Speaker 1>family was known. The case was relocated to Saint Francis County,

381
00:25:42.960 --> 00:25:47.359
<v Speaker 1>to the town of Farmington, about thirty five miles from Hopewell. Then,

382
00:25:47.400 --> 00:25:50.359
<v Speaker 1>in January of two thousand one, Prosecutor John Ropp made

383
00:25:50.400 --> 00:25:54.279
<v Speaker 1>an unusual request. He asked a judge to authorize the

384
00:25:54.319 --> 00:25:58.839
<v Speaker 1>exhumation of raid A Polyte's body. The reason, when it

385
00:25:58.920 --> 00:26:03.960
<v Speaker 1>was explained with Stark, during the original autopsy, no scrapings

386
00:26:04.039 --> 00:26:07.440
<v Speaker 1>or clippings had been taken from Raida's fingernails, or at

387
00:26:07.519 --> 00:26:11.960
<v Speaker 1>least nobody could find them. In a murder investigation, those

388
00:26:12.000 --> 00:26:16.319
<v Speaker 1>samples are considered a standard and essential step. They can

389
00:26:16.359 --> 00:26:20.279
<v Speaker 1>hold skin, hair, biological material from whoever the victim was

390
00:26:20.279 --> 00:26:24.039
<v Speaker 1>in contact with at the time of the attack. The

391
00:26:24.079 --> 00:26:29.440
<v Speaker 1>exhumation was approved, Michael, through his attorney, didn't object. By

392
00:26:29.440 --> 00:26:31.599
<v Speaker 1>the time the trial was finally set to begin in

393
00:26:31.680 --> 00:26:34.400
<v Speaker 1>January of two thousand and two, Michael had been in

394
00:26:34.440 --> 00:26:38.359
<v Speaker 1>custody for three years. He turned fifteen in that first

395
00:26:38.400 --> 00:26:43.240
<v Speaker 1>attention center, sixteen and seventeen in the county jail after certification.

396
00:26:44.559 --> 00:26:47.079
<v Speaker 1>He would turned eighteen in February, which meant the trial

397
00:26:47.119 --> 00:26:50.880
<v Speaker 1>would begin the month before his birthday. He had sat

398
00:26:50.920 --> 00:26:55.200
<v Speaker 1>with this charge for the entirety of his adolescence. The

399
00:26:55.200 --> 00:26:58.880
<v Speaker 1>prosecution had actually offered him away out once they asked

400
00:26:58.960 --> 00:27:02.319
<v Speaker 1>him to play guilty of voluntary manslaughter, and the maximum

401
00:27:02.359 --> 00:27:05.799
<v Speaker 1>he would face was fifteen years, with time already served

402
00:27:05.960 --> 00:27:11.440
<v Speaker 1>counting towards release. Michael said no, without hesitation. He said

403
00:27:11.440 --> 00:27:14.480
<v Speaker 1>he had not murdered his mother. He was not going

404
00:27:14.519 --> 00:27:27.640
<v Speaker 1>to say that he had. The murder trial of Michael

405
00:27:27.640 --> 00:27:30.759
<v Speaker 1>Bernard began on the twenty ninth of January two thousand

406
00:27:30.799 --> 00:27:35.039
<v Speaker 1>and two. Assistant prosecuting attorney Richard Hicks opened up for

407
00:27:35.079 --> 00:27:38.799
<v Speaker 1>the state. His first words to the jury. Weren't an

408
00:27:38.839 --> 00:27:43.119
<v Speaker 1>introduction or a scene setting. Instead, they were a quote.

409
00:27:44.000 --> 00:27:46.799
<v Speaker 1>He stood before the twelve members and delivered what he

410
00:27:46.960 --> 00:27:51.559
<v Speaker 1>told them was a statement made by the defendant. I

411
00:27:51.680 --> 00:27:56.480
<v Speaker 1>haven't cared since December fifth, That's when I killed my mom.

412
00:27:57.039 --> 00:27:58.799
<v Speaker 1>The words were out in the room before the trial

413
00:27:58.799 --> 00:28:03.039
<v Speaker 1>had properly begun. Hicks then laid out the prosecution's theory.

414
00:28:04.039 --> 00:28:06.440
<v Speaker 1>This was not, he told the jury, a random killing.

415
00:28:07.319 --> 00:28:10.519
<v Speaker 1>It was the result of apparent child rivalry that had

416
00:28:10.640 --> 00:28:14.079
<v Speaker 1>escalated over time and turned lethal just days after a

417
00:28:14.079 --> 00:28:17.559
<v Speaker 1>dispute between Michael and his mother over money for a

418
00:28:17.599 --> 00:28:23.039
<v Speaker 1>motorcycle repair. A witness would testify about that argument. They

419
00:28:23.039 --> 00:28:26.039
<v Speaker 1>would tell the jury that afterwards, Michael had sat in

420
00:28:26.079 --> 00:28:30.440
<v Speaker 1>the living room flicking a lighter. The prosecution would invite

421
00:28:30.480 --> 00:28:34.279
<v Speaker 1>the jury to decide what that meant. Defense attorney Wayne

422
00:28:34.319 --> 00:28:37.440
<v Speaker 1>Williams gave his opening in response and described a different

423
00:28:37.480 --> 00:28:42.359
<v Speaker 1>evening entirely two teenage boys in a rural Missouri home

424
00:28:42.720 --> 00:28:45.440
<v Speaker 1>playing chess and video games, waiting up for a mother

425
00:28:45.480 --> 00:28:48.799
<v Speaker 1>who worked nights. It was a normal Friday, he said.

426
00:28:49.720 --> 00:28:53.240
<v Speaker 1>Rida came home around midnight, everybody went to bed and

427
00:28:53.279 --> 00:28:56.119
<v Speaker 1>then smoke thick and choking filled the room in the

428
00:28:56.160 --> 00:28:59.480
<v Speaker 1>early hours of the morning. He told the jury that

429
00:28:59.519 --> 00:29:01.839
<v Speaker 1>the defense would demonstrate there was not a shred of

430
00:29:01.920 --> 00:29:06.200
<v Speaker 1>evidence connecting Michael to the crime. No murder weapon had

431
00:29:06.200 --> 00:29:09.359
<v Speaker 1>ever been found, there were no witnesses who had seen

432
00:29:09.359 --> 00:29:12.640
<v Speaker 1>Michael with blood on him or any scratches on his body.

433
00:29:13.799 --> 00:29:16.920
<v Speaker 1>Even after Rada's body had been exhumed and her hands examined,

434
00:29:17.400 --> 00:29:20.240
<v Speaker 1>there was no DNA linking Michael to his mother's death.

435
00:29:21.359 --> 00:29:24.519
<v Speaker 1>Two neighbors took the stand first. They had been the

436
00:29:24.519 --> 00:29:26.799
<v Speaker 1>ones who helped deal with the immediate aftermath of the

437
00:29:26.839 --> 00:29:29.559
<v Speaker 1>fire that morning. One of them told the jury that

438
00:29:29.599 --> 00:29:32.559
<v Speaker 1>when Michael came around to their house, he appeared to

439
00:29:32.599 --> 00:29:37.920
<v Speaker 1>be eerily calm. Deputy State Fire Marshall James Hopman testified

440
00:29:37.960 --> 00:29:41.319
<v Speaker 1>about what he found in that trailer. He described the

441
00:29:41.359 --> 00:29:45.680
<v Speaker 1>scene in Rida's bedroom in detail. Blood streaks on the door,

442
00:29:46.079 --> 00:29:49.160
<v Speaker 1>blood on the light switch, blood smeared across the wall,

443
00:29:49.680 --> 00:29:53.240
<v Speaker 1>blood on the bed sheets. Photographs were then shown to

444
00:29:53.279 --> 00:29:57.200
<v Speaker 1>the jury. A video tape taken inside the trailer before

445
00:29:57.200 --> 00:30:01.000
<v Speaker 1>the body was moved was then played. Holdman told the

446
00:30:01.000 --> 00:30:04.759
<v Speaker 1>court that smoke patterns and other forensic indicators suggested the

447
00:30:04.759 --> 00:30:08.240
<v Speaker 1>bedroom door had been opened when the fire began, not closed,

448
00:30:09.480 --> 00:30:12.359
<v Speaker 1>the evidence indicated. He said that Rida had been a

449
00:30:12.359 --> 00:30:15.519
<v Speaker 1>mobile when the fire started, unable to get out of

450
00:30:15.519 --> 00:30:18.920
<v Speaker 1>the bedroom. As she bled out, she had most likely

451
00:30:18.960 --> 00:30:24.319
<v Speaker 1>been unconscious. The pathologist followed. He told the jury that

452
00:30:24.400 --> 00:30:27.359
<v Speaker 1>after the first blow to her head, Raid had still

453
00:30:27.359 --> 00:30:30.640
<v Speaker 1>been able to move round the room. Blood evidence showed

454
00:30:30.680 --> 00:30:35.160
<v Speaker 1>that she moved and then she was struck again. After that,

455
00:30:35.200 --> 00:30:38.160
<v Speaker 1>she didn't get up. He estimated that from the time

456
00:30:38.200 --> 00:30:40.440
<v Speaker 1>the fire was set to the time of death was

457
00:30:40.480 --> 00:30:44.200
<v Speaker 1>approximately two to three minutes. He said that Rada's body

458
00:30:44.200 --> 00:30:46.920
<v Speaker 1>may have been burning from anywhere between ten and thirty

459
00:30:46.960 --> 00:30:50.079
<v Speaker 1>minutes before it was discovered and the hose was turned on.

460
00:30:51.319 --> 00:30:54.720
<v Speaker 1>That testimony was a difficult thing to sit through. The

461
00:30:54.720 --> 00:30:57.720
<v Speaker 1>courtroom had just been told in clinical and specific terms

462
00:30:58.039 --> 00:31:02.000
<v Speaker 1>what Rada's last minutes looked like. Holdman was called back

463
00:31:02.039 --> 00:31:05.799
<v Speaker 1>to address the question of fire setting more broadly. Several

464
00:31:05.799 --> 00:31:08.519
<v Speaker 1>burn plastic bottles had been found around the outside of

465
00:31:08.559 --> 00:31:12.799
<v Speaker 1>the home. Gas cans had been recovered. The boys had

466
00:31:12.799 --> 00:31:15.559
<v Speaker 1>spent more than an hour burning holes on railroad ties

467
00:31:15.559 --> 00:31:18.599
<v Speaker 1>on the evening before the murder. In an interview, with

468
00:31:18.680 --> 00:31:22.319
<v Speaker 1>the detectives at the Sheriff's department. Michael had said, gas

469
00:31:22.359 --> 00:31:25.599
<v Speaker 1>doesn't burn down, you have to have chemicals. Even a

470
00:31:25.599 --> 00:31:30.559
<v Speaker 1>firebug like me knows that that phrase firebug, which Michael

471
00:31:30.640 --> 00:31:33.799
<v Speaker 1>himself had used, was now being entered into the record

472
00:31:33.839 --> 00:31:38.720
<v Speaker 1>as evidence of character. The prosecution was constructing an argument

473
00:31:38.759 --> 00:31:42.039
<v Speaker 1>that Michael had a preoccupation with fire that went beyond

474
00:31:42.119 --> 00:31:48.400
<v Speaker 1>ordinary boyhood experimentation. Then came Deputy State Fire Marshal Robert Jacobson,

475
00:31:48.839 --> 00:31:51.799
<v Speaker 1>who had brought his trained dog Tucker to the Sheriff's

476
00:31:51.799 --> 00:31:55.519
<v Speaker 1>department in the oars after the murder. He testified that

477
00:31:55.599 --> 00:31:58.920
<v Speaker 1>Tucker had performed his test on Michael's shoes and that

478
00:31:58.920 --> 00:32:01.799
<v Speaker 1>the dog had indicated the presence of some type of

479
00:32:01.839 --> 00:32:08.480
<v Speaker 1>petroleum accelerant. Lab testing Jacobsen said had subsequently confirmed the

480
00:32:08.559 --> 00:32:13.599
<v Speaker 1>presence of gasoline. The prosecution argued that this was the

481
00:32:13.640 --> 00:32:19.759
<v Speaker 1>physical link michael shoes gasoline, the same accelerant allegedly used

482
00:32:19.799 --> 00:32:23.519
<v Speaker 1>to set his mother on fire, one connected to the other.

483
00:32:24.799 --> 00:32:28.119
<v Speaker 1>Destimony was also presented about what Michael had said in

484
00:32:28.160 --> 00:32:30.359
<v Speaker 1>the back of the police car when he asked the

485
00:32:30.359 --> 00:32:32.720
<v Speaker 1>officer what was going to happen to his mother's truck.

486
00:32:34.079 --> 00:32:36.839
<v Speaker 1>The prosecution offered this to the jury as evidence of

487
00:32:36.880 --> 00:32:41.200
<v Speaker 1>an unusual and telling preoccupation a boy who had just

488
00:32:41.279 --> 00:32:44.519
<v Speaker 1>found his mother's body and whose first recorded comment was

489
00:32:44.519 --> 00:32:50.400
<v Speaker 1>about property. The accumulation of detail was deliberate. The prosecution

490
00:32:50.559 --> 00:32:53.279
<v Speaker 1>had piece by piece given the jury a picture of

491
00:32:53.319 --> 00:32:57.079
<v Speaker 1>a troubled teenager with the documented history of conflict with

492
00:32:57.119 --> 00:33:01.240
<v Speaker 1>his mother, a fascination with fire shoes that the dog

493
00:33:01.279 --> 00:33:04.799
<v Speaker 1>had alerted on, and a lab tested positive for gasoline,

494
00:33:05.440 --> 00:33:09.000
<v Speaker 1>a statement made after a suicide attempt in which three

495
00:33:09.039 --> 00:33:12.480
<v Speaker 1>separate witnesses heard him say he killed her, and a

496
00:33:12.480 --> 00:33:16.359
<v Speaker 1>behavioral pattern in the days after the crime that investigators

497
00:33:16.440 --> 00:33:20.640
<v Speaker 1>characterized as cold and without grief. No single element was

498
00:33:20.680 --> 00:33:24.759
<v Speaker 1>conclusive on its own, but together, the prosecution argued, they

499
00:33:24.880 --> 00:33:29.279
<v Speaker 1>formed something undeniable. What the jury did not hear was

500
00:33:29.359 --> 00:33:32.480
<v Speaker 1>equally significant, though they had no way of knowing that

501
00:33:32.559 --> 00:33:36.920
<v Speaker 1>at the time. They were not shown Josh's videotaped statement

502
00:33:36.960 --> 00:33:40.000
<v Speaker 1>to police, and Josh was not called to the stand

503
00:33:40.119 --> 00:33:44.119
<v Speaker 1>by either side. They were told he had been granted immunity,

504
00:33:44.599 --> 00:33:48.440
<v Speaker 1>and they waited throughout three days of testimony for Josh

505
00:33:48.480 --> 00:33:52.480
<v Speaker 1>to appear. He never did. The jury were also not

506
00:33:52.559 --> 00:33:57.200
<v Speaker 1>shown any testimony from Michael's sisters. Michael himself didn't take

507
00:33:57.200 --> 00:34:02.559
<v Speaker 1>the stand, the defendant's right not to testify, and the

508
00:34:02.599 --> 00:34:05.720
<v Speaker 1>defense team had made the decision that the risk outweighed

509
00:34:05.720 --> 00:34:09.320
<v Speaker 1>the benefit. The jury wouldn't hear his version of events

510
00:34:09.320 --> 00:34:12.920
<v Speaker 1>from his own mouth. Instead, the defense rested its case

511
00:34:13.320 --> 00:34:17.599
<v Speaker 1>on the absence of direct evidence. No murder weapon, no

512
00:34:17.719 --> 00:34:21.599
<v Speaker 1>blood on Michael's clothes, no injuries on his body, no

513
00:34:21.679 --> 00:34:26.079
<v Speaker 1>DNA from the exhumation linking him to the attack. During

514
00:34:26.119 --> 00:34:28.679
<v Speaker 1>closing arguments, when Williams asked the jury to look at

515
00:34:28.679 --> 00:34:31.840
<v Speaker 1>what wasn't there and to consider whether the state had

516
00:34:31.840 --> 00:34:35.440
<v Speaker 1>truly proved its case beyond a reasonable doubt, he said

517
00:34:35.480 --> 00:34:37.760
<v Speaker 1>that the murder of Rita was a crime of passion.

518
00:34:38.760 --> 00:34:41.320
<v Speaker 1>As for the gasoline on Michael's shoes, he said that

519
00:34:41.400 --> 00:34:44.079
<v Speaker 1>had come from earlier in the evening when he and

520
00:34:44.159 --> 00:34:48.039
<v Speaker 1>Josh were setting fires. He reached another question of doubt.

521
00:34:48.639 --> 00:34:51.239
<v Speaker 1>Why would Michael invite a friend to stay overnight if

522
00:34:51.280 --> 00:34:54.800
<v Speaker 1>he planned on killing his mother. The prosecutor downplayed the

523
00:34:54.840 --> 00:34:57.639
<v Speaker 1>possibility of someone else breaking into the mobile home and

524
00:34:57.719 --> 00:35:01.800
<v Speaker 1>killing Rida that night, of there was they were the

525
00:35:01.880 --> 00:35:06.320
<v Speaker 1>luckiest intruder in the world. The jury retired to deliberate.

526
00:35:07.519 --> 00:35:10.920
<v Speaker 1>They were gone for more than four hours in that room.

527
00:35:11.000 --> 00:35:15.719
<v Speaker 1>The deliberations weren't simple. Jurors Linda Dickerson Bell and Jonathan

528
00:35:15.760 --> 00:35:19.960
<v Speaker 1>Peterson would later describe a process that felt pressured, crowded

529
00:35:19.960 --> 00:35:24.159
<v Speaker 1>with unanswered questions, and hurried towards a conclusion that not

530
00:35:24.320 --> 00:35:29.000
<v Speaker 1>everybody was comfortable with. Jonathan later reflected a moment where

531
00:35:29.039 --> 00:35:31.360
<v Speaker 1>the other members told him they were ready to go home.

532
00:35:32.480 --> 00:35:36.599
<v Speaker 1>After four hours, the jury reached a verdict. They found

533
00:35:36.639 --> 00:35:41.239
<v Speaker 1>Michael Polyte guilty of second degree murder. Michael and the

534
00:35:41.320 --> 00:35:45.760
<v Speaker 1>vast majority of the courtroom were stunned. There wasn't many

535
00:35:45.760 --> 00:35:49.920
<v Speaker 1>people who truly believed that Michael was guilty. Sobs could

536
00:35:49.920 --> 00:35:52.760
<v Speaker 1>be heard while one woman ran from the courtroom crying.

537
00:35:54.280 --> 00:35:58.280
<v Speaker 1>Michael was then sentenced to life in prison. Shortly after

538
00:35:58.280 --> 00:36:00.480
<v Speaker 1>he turned to eighteen. He was trying toransferred to the

539
00:36:00.519 --> 00:36:04.920
<v Speaker 1>Missouri State Penitentiary. It had once been called the bloodiest

540
00:36:04.960 --> 00:36:10.000
<v Speaker 1>forty seven acres in America. He was a teenager convicted

541
00:36:10.039 --> 00:36:12.840
<v Speaker 1>of murdering his mother on his way to an adult

542
00:36:12.880 --> 00:36:17.159
<v Speaker 1>maximum security prison, and he had never stopped saying he

543
00:36:17.199 --> 00:36:30.519
<v Speaker 1>was innocent. In October two thousand and three, Michael's legal

544
00:36:30.559 --> 00:36:34.239
<v Speaker 1>team filed an appeal. They argued that the trial judge

545
00:36:34.239 --> 00:36:36.920
<v Speaker 1>had aired in denying motions to suppress the statements that

546
00:36:36.960 --> 00:36:39.159
<v Speaker 1>Michael had made in the police carps on the morning

547
00:36:39.199 --> 00:36:42.679
<v Speaker 1>of the murder. The Court of Appeal considered it and

548
00:36:42.719 --> 00:36:45.760
<v Speaker 1>turned it down. That was the first door to close.

549
00:36:46.480 --> 00:36:50.159
<v Speaker 1>Michael remained in prison. He later described arriving there as

550
00:36:50.199 --> 00:36:53.840
<v Speaker 1>a teenager and immediately understanding that being so young made

551
00:36:53.920 --> 00:36:56.880
<v Speaker 1>him a target. He got into a fight on his

552
00:36:56.960 --> 00:37:00.280
<v Speaker 1>first day. He said that men tried to rape him.

553
00:37:01.159 --> 00:37:03.239
<v Speaker 1>He was scared and didn't know how to carry himself

554
00:37:03.679 --> 00:37:07.039
<v Speaker 1>and didn't understand the particular grammar of survival that a

555
00:37:07.079 --> 00:37:11.320
<v Speaker 1>maximum security prison requires. He learned it, and the way

556
00:37:11.360 --> 00:37:14.400
<v Speaker 1>he learned it was by finding protection in a gang.

557
00:37:15.639 --> 00:37:19.159
<v Speaker 1>He joined a white supremacist group, had the tattoos, and

558
00:37:19.239 --> 00:37:23.320
<v Speaker 1>stayed inside whatever shelter that afforded him. He would later

559
00:37:23.360 --> 00:37:25.760
<v Speaker 1>say that it wasn't who he was, and was not

560
00:37:25.880 --> 00:37:28.960
<v Speaker 1>how his mother had raised him. It was something he

561
00:37:29.000 --> 00:37:32.679
<v Speaker 1>felt he needed to do to survive prison. He didn't

562
00:37:32.679 --> 00:37:34.880
<v Speaker 1>fit in, and that was the only place that would

563
00:37:34.880 --> 00:37:37.719
<v Speaker 1>have him. For a while, Michael held on to the

564
00:37:37.760 --> 00:37:41.800
<v Speaker 1>belief that an appeal would come through. His father, Edward,

565
00:37:42.159 --> 00:37:46.320
<v Speaker 1>hired lawyers to work on his case. Michael waited and

566
00:37:46.440 --> 00:37:50.159
<v Speaker 1>held that hope and kept going. Then a friend inside

567
00:37:50.159 --> 00:37:53.519
<v Speaker 1>the prison told him something that stopped him cold. The

568
00:37:53.599 --> 00:37:56.960
<v Speaker 1>lawyers had been let go. The deadline for his final

569
00:37:57.000 --> 00:38:01.079
<v Speaker 1>appeal had passed. No one had told him there was

570
00:38:01.079 --> 00:38:04.199
<v Speaker 1>nothing left in the pipeline, and the window had closed

571
00:38:04.400 --> 00:38:09.119
<v Speaker 1>while he wasn't looking. Michael turned to heroin. He said

572
00:38:09.159 --> 00:38:11.639
<v Speaker 1>it was how he self medicated and how he could

573
00:38:11.679 --> 00:38:15.320
<v Speaker 1>get through the days. Anytime he left to sell, he

574
00:38:15.360 --> 00:38:18.480
<v Speaker 1>was looking for drugs for a period of years. That

575
00:38:18.639 --> 00:38:22.159
<v Speaker 1>was the shape of his life insight. But something in

576
00:38:22.239 --> 00:38:25.719
<v Speaker 1>him didn't let go of the idea of innocence. It

577
00:38:25.800 --> 00:38:30.599
<v Speaker 1>was still there underneath everything, and around two thousand and seven,

578
00:38:31.039 --> 00:38:34.280
<v Speaker 1>he wrote a letter to the Midwest Innocence Project, a

579
00:38:34.320 --> 00:38:39.119
<v Speaker 1>non profit organization based in Kansas City dedicated to investigating

580
00:38:39.400 --> 00:38:44.440
<v Speaker 1>and litigating wrongful convictions across a five state region. He

581
00:38:44.519 --> 00:38:47.239
<v Speaker 1>asked them to look at his case, and they agreed.

582
00:38:48.360 --> 00:38:50.599
<v Speaker 1>He later described the moment he sat down with someone

583
00:38:50.599 --> 00:38:55.119
<v Speaker 1>from the organization as transformative, not just because what it

584
00:38:55.159 --> 00:38:58.760
<v Speaker 1>meant legally, but because what it did to him. He

585
00:38:58.760 --> 00:39:02.480
<v Speaker 1>said he never took Heroin again after that. He remembered,

586
00:39:02.920 --> 00:39:05.559
<v Speaker 1>from that moment on, I knew that I had help,

587
00:39:05.960 --> 00:39:07.599
<v Speaker 1>and I knew they were going to get me out

588
00:39:07.599 --> 00:39:12.079
<v Speaker 1>of here. The Midwest Innocence Project began the slow, painstaking

589
00:39:12.159 --> 00:39:16.119
<v Speaker 1>work of building a case for his innocence. That work

590
00:39:16.159 --> 00:39:21.440
<v Speaker 1>would take years. Trisha Bushnell, the organization's executive director, and

591
00:39:21.480 --> 00:39:26.159
<v Speaker 1>attorneys Megan Crane and Mark Emerson eventually became central to

592
00:39:26.199 --> 00:39:31.280
<v Speaker 1>the effort. They went back through everything, the fire investigation,

593
00:39:31.480 --> 00:39:35.840
<v Speaker 1>the shoe evidence, the alleged confession, the alternative suspects that

594
00:39:35.920 --> 00:39:40.800
<v Speaker 1>investigators had never pursued. What they found, layer by layer

595
00:39:41.559 --> 00:39:46.599
<v Speaker 1>was deeply disturbing. The fire Marshall's original conclusion that an

596
00:39:46.599 --> 00:39:49.559
<v Speaker 1>accelerant had been used to start the fire had been

597
00:39:49.599 --> 00:39:53.320
<v Speaker 1>reached by visual examination alone, looking at the burn patterns

598
00:39:53.320 --> 00:39:56.880
<v Speaker 1>and damage around Raider's body. The lawyers brought in two

599
00:39:56.960 --> 00:40:00.000
<v Speaker 1>of the countries leading fire science experts to review the KESE.

600
00:40:01.440 --> 00:40:05.559
<v Speaker 1>Those experts concluded that the fire marshal's methodology had violated

601
00:40:05.599 --> 00:40:09.079
<v Speaker 1>even the gold standards of fire investigations that existed at

602
00:40:09.079 --> 00:40:15.280
<v Speaker 1>that time. A proper forensic determination required laboratory testing, not

603
00:40:15.360 --> 00:40:19.280
<v Speaker 1>a visual assessment. Lab testing had been done on carpet

604
00:40:19.320 --> 00:40:24.559
<v Speaker 1>samples from the bedroom. No accelerant had been detected. The

605
00:40:24.599 --> 00:40:28.280
<v Speaker 1>prosecution had dismissed that finding a trial by suggesting the

606
00:40:28.360 --> 00:40:32.400
<v Speaker 1>accelerant had simply burned up. The new experts said there

607
00:40:32.440 --> 00:40:36.280
<v Speaker 1>was no scientific basis for that. Then there were the shoes.

608
00:40:37.159 --> 00:40:39.960
<v Speaker 1>The prosecution had built a significant portion of its case

609
00:40:40.360 --> 00:40:44.000
<v Speaker 1>around the gasoline the dog and the lab allegedly detected

610
00:40:44.079 --> 00:40:48.639
<v Speaker 1>on Michael's shoes. Mark Emerson, whose law firm Langdon and

611
00:40:48.679 --> 00:40:53.039
<v Speaker 1>Emerson had expertise in cases involving fire and fuel, dug

612
00:40:53.119 --> 00:40:57.159
<v Speaker 1>into the original chemical test results. What he found was

613
00:40:57.199 --> 00:41:02.880
<v Speaker 1>that the substance identified its gasoline wasn't actually gasoline. It

614
00:41:02.920 --> 00:41:05.719
<v Speaker 1>was a solvent used in the manufacturing process of the

615
00:41:05.760 --> 00:41:10.679
<v Speaker 1>shoes themselves. The two compounds had similarities that had led

616
00:41:10.719 --> 00:41:14.599
<v Speaker 1>to a false identification. A paper published in the year

617
00:41:14.639 --> 00:41:18.400
<v Speaker 1>two thousand, before Michael even went to trial, had already

618
00:41:18.400 --> 00:41:23.159
<v Speaker 1>described this precise category of error. A specialist in fire

619
00:41:23.280 --> 00:41:27.480
<v Speaker 1>investigation later confirmed it directly. In two thousand and twenty,

620
00:41:27.519 --> 00:41:30.760
<v Speaker 1>the Missouri State Crime Lab sent a letter acknowledging and

621
00:41:30.800 --> 00:41:34.760
<v Speaker 1>writing that solvents found in footwear adhesives are now known

622
00:41:34.800 --> 00:41:38.480
<v Speaker 1>to have similarities to gasoline, and that this knowledge had

623
00:41:38.480 --> 00:41:43.119
<v Speaker 1>not been widely understood in the late ninety nineties. The

624
00:41:43.199 --> 00:41:45.840
<v Speaker 1>nail in the coffin, as one juror had described, the

625
00:41:45.840 --> 00:41:49.800
<v Speaker 1>shoe evidence, had been wrong, and the state's own crime

626
00:41:49.880 --> 00:41:54.559
<v Speaker 1>lab was now saying so. The case had never been strong.

627
00:41:55.480 --> 00:41:58.039
<v Speaker 1>It was becoming undeniable that it had been built on

628
00:41:58.159 --> 00:42:01.599
<v Speaker 1>science that didn't hold up, assessed by a fire marshal

629
00:42:01.880 --> 00:42:05.039
<v Speaker 1>who had reached his conclusions too quickly and delivered to

630
00:42:05.079 --> 00:42:07.679
<v Speaker 1>a jury that never heard a word of the evidence,

631
00:42:07.760 --> 00:42:11.519
<v Speaker 1>pointing in other directions. None of this had reached the

632
00:42:11.559 --> 00:42:16.079
<v Speaker 1>courtroom yet. The appeal's process is slow and resistant, and

633
00:42:16.119 --> 00:42:21.559
<v Speaker 1>Missouri's courts weren't moving quickly. Every filing was met with resistance.

634
00:42:22.480 --> 00:42:26.199
<v Speaker 1>Every door that seemed to open would close again. Bishnall

635
00:42:26.199 --> 00:42:29.960
<v Speaker 1>would later describe the fight as a constant battle against Goliath.

636
00:42:31.519 --> 00:42:34.719
<v Speaker 1>Melanie Polyte, watching from outside the prison with her sister,

637
00:42:35.239 --> 00:42:40.280
<v Speaker 1>said exactly the same thing. Then, in twenty sixteen, something

638
00:42:40.400 --> 00:42:43.920
<v Speaker 1>changed that would bring Michael's case to a much wider audience.

639
00:42:45.320 --> 00:42:48.039
<v Speaker 1>Michael had been in prison for fourteen years when his

640
00:42:48.159 --> 00:42:51.480
<v Speaker 1>case was selected as one of the three wrongful conviction

641
00:42:51.679 --> 00:42:55.599
<v Speaker 1>cases to be featured on an MTV documentary series called

642
00:42:55.639 --> 00:42:59.480
<v Speaker 1>Unlocking the Truth. The show was co hosted by Ran Ferguson,

643
00:43:00.000 --> 00:43:03.239
<v Speaker 1>the Missouri man who had himself been exonerated in twenty

644
00:43:03.360 --> 00:43:06.400
<v Speaker 1>and thirteen after serving ten years in prison for a

645
00:43:06.480 --> 00:43:09.800
<v Speaker 1>murder he didn't commit. He once said of the show,

646
00:43:10.440 --> 00:43:13.000
<v Speaker 1>ten years was taken from me. If I can stop

647
00:43:13.039 --> 00:43:16.159
<v Speaker 1>them from putting innocent people in prison, that ten years

648
00:43:16.199 --> 00:43:20.360
<v Speaker 1>will have meant something. Ferguson and his co host traveled

649
00:43:20.360 --> 00:43:23.639
<v Speaker 1>the country examining cases where something appeared to have gone

650
00:43:23.679 --> 00:43:27.519
<v Speaker 1>badly wrong. Michael's case was the first one they examined.

651
00:43:28.559 --> 00:43:30.960
<v Speaker 1>The show gave the case a national platform for the

652
00:43:31.039 --> 00:43:34.400
<v Speaker 1>very first time. He laid out the questions around the

653
00:43:34.440 --> 00:43:39.000
<v Speaker 1>fire science, the shoe evidence, the circumstances of the alleged confession,

654
00:43:39.400 --> 00:43:43.199
<v Speaker 1>and the fact that other potential suspects hadn't been investigated.

655
00:43:44.400 --> 00:43:47.239
<v Speaker 1>Tricia appeared on the program and spoke plainly about what

656
00:43:47.400 --> 00:43:52.039
<v Speaker 1>the Midwest Innocence Project believed had happened. The voice stressed

657
00:43:52.079 --> 00:43:54.079
<v Speaker 1>test that Michael had been given on the day of

658
00:43:54.119 --> 00:43:56.800
<v Speaker 1>the murder, she explained, was the kind of test that

659
00:43:56.920 --> 00:44:00.400
<v Speaker 1>is so unreliable it can't be admitted in court, and

660
00:44:00.480 --> 00:44:02.639
<v Speaker 1>yet it had been used to set the tone of

661
00:44:02.679 --> 00:44:06.880
<v Speaker 1>the entire investigation. She said the assessment that Michael was

662
00:44:06.920 --> 00:44:11.239
<v Speaker 1>called and emotionless, made by detectives watching a traumatized fourteen

663
00:44:11.320 --> 00:44:14.760
<v Speaker 1>year old boy was a fundamental misreading of what trauma

664
00:44:14.840 --> 00:44:20.119
<v Speaker 1>actually looks like. In two thousand and sixteen, Michael's father, Edward,

665
00:44:20.519 --> 00:44:25.360
<v Speaker 1>was also interviewed for the documentary. Michael's lawyers had suggested

666
00:44:25.440 --> 00:44:28.320
<v Speaker 1>he should be considered a person of interest in the murder.

667
00:44:29.400 --> 00:44:31.840
<v Speaker 1>Detectives never even looked at him, but he had been

668
00:44:31.840 --> 00:44:35.119
<v Speaker 1>going through a messy divorce with Rita. He had threatened

669
00:44:35.159 --> 00:44:38.880
<v Speaker 1>to kill her just a week before following the financial settlement,

670
00:44:39.920 --> 00:44:43.880
<v Speaker 1>and most disturbing, Michael's attorneys heard from a witness who

671
00:44:43.960 --> 00:44:48.960
<v Speaker 1>reported seeing Edward's cousin Johnny around the home shortly after

672
00:44:49.000 --> 00:44:53.119
<v Speaker 1>the fire. Just as the fire department arrived, he was

673
00:44:53.159 --> 00:44:57.880
<v Speaker 1>allegedly seen walking past the railroad tracks. There was also

674
00:44:57.920 --> 00:45:01.960
<v Speaker 1>a bootprint found behind the burning trailer as well, but

675
00:45:02.079 --> 00:45:04.599
<v Speaker 1>Edward had an alibi. He was at work at the

676
00:45:04.639 --> 00:45:08.280
<v Speaker 1>time of the murder. He denied any involvement in his

677
00:45:08.360 --> 00:45:11.880
<v Speaker 1>ex wife's death and said I did a dozen or

678
00:45:11.880 --> 00:45:15.199
<v Speaker 1>so interviews with the law. I did a lie detector test,

679
00:45:15.360 --> 00:45:19.360
<v Speaker 1>a blood test, a DNA test, and fingerprints. I co

680
00:45:19.440 --> 00:45:22.360
<v Speaker 1>operated one hundred percent with the law. I don't know

681
00:45:22.400 --> 00:45:25.039
<v Speaker 1>what else I could have done. My place of work

682
00:45:25.119 --> 00:45:28.320
<v Speaker 1>was checked out, my co workers were interviewed. I have

683
00:45:28.440 --> 00:45:31.440
<v Speaker 1>a couple dozen witnesses that placed me eighty five miles

684
00:45:31.480 --> 00:45:35.639
<v Speaker 1>from my ex That's all I have to say. The

685
00:45:35.760 --> 00:45:37.960
<v Speaker 1>MTV show put the case in front of a public

686
00:45:38.000 --> 00:45:42.079
<v Speaker 1>that had never heard of Hopewell, Missouri. It raised questions,

687
00:45:42.760 --> 00:45:45.400
<v Speaker 1>It put names and faces to the arguments that the

688
00:45:45.400 --> 00:45:49.159
<v Speaker 1>Midwest Innocence Project had been making in the courtroom for years.

689
00:45:49.960 --> 00:45:53.119
<v Speaker 1>And it put Michael now in his early thirties, on

690
00:45:53.159 --> 00:45:55.400
<v Speaker 1>a screen where people could hear him say in his

691
00:45:55.480 --> 00:45:59.119
<v Speaker 1>own words that he had not murdered his mother. He

692
00:45:59.199 --> 00:46:03.440
<v Speaker 1>never changed that position, not across fourteen years of prison,

693
00:46:04.000 --> 00:46:07.280
<v Speaker 1>not across failed appeals, not across the offer of a

694
00:46:07.320 --> 00:46:10.000
<v Speaker 1>plea deal that would have brought him home over a

695
00:46:10.079 --> 00:46:14.360
<v Speaker 1>decade earlier. He had said the same thing every single

696
00:46:14.440 --> 00:46:18.639
<v Speaker 1>time since that morning. He once said, of the detectives,

697
00:46:19.320 --> 00:46:21.559
<v Speaker 1>they tried to put themselves in my shoes of how

698
00:46:21.599 --> 00:46:24.400
<v Speaker 1>they would feel, how I should have acted in regards

699
00:46:24.440 --> 00:46:26.960
<v Speaker 1>to finding my mother burning to death on the floor.

700
00:46:27.719 --> 00:46:30.760
<v Speaker 1>It wasn't to their liking, so in their eyes, I

701
00:46:30.880 --> 00:46:42.280
<v Speaker 1>was guilty. The appeals kept coming and the courts kept

702
00:46:42.280 --> 00:46:45.719
<v Speaker 1>pushing back. What the legal team needed was something to

703
00:46:45.800 --> 00:46:49.079
<v Speaker 1>change at a structural level, something that would create a

704
00:46:49.119 --> 00:46:53.400
<v Speaker 1>new opening where every existing door had closed. By the

705
00:46:53.440 --> 00:46:57.480
<v Speaker 1>time the MTV documentary aired in twenty and sixteen, the

706
00:46:57.519 --> 00:47:00.840
<v Speaker 1>Midwest Innocence Project had been working on the case for

707
00:47:00.880 --> 00:47:04.800
<v Speaker 1>almost a decade. The show widened the circle of people

708
00:47:04.800 --> 00:47:07.639
<v Speaker 1>who knew his name and thought something had gone wrong.

709
00:47:08.719 --> 00:47:13.079
<v Speaker 1>Journalists picked up the thread. Legal scholars took notice. The

710
00:47:13.119 --> 00:47:17.000
<v Speaker 1>file of evidence challenging the original conviction was getting thicker

711
00:47:17.119 --> 00:47:20.679
<v Speaker 1>every single year, and then the cracks began to show

712
00:47:20.920 --> 00:47:26.840
<v Speaker 1>from an unexpected direction. The jurors started to talk. Linda

713
00:47:26.880 --> 00:47:29.800
<v Speaker 1>Dickerson Bell had been on that jury the convicted Michael

714
00:47:29.920 --> 00:47:33.280
<v Speaker 1>in January two thousand and two. She cried when the

715
00:47:33.400 --> 00:47:38.079
<v Speaker 1>verdict was delivered. She'd never stopped thinking about it. Years

716
00:47:38.119 --> 00:47:40.320
<v Speaker 1>after the trial, she reached out to the legal team,

717
00:47:40.719 --> 00:47:44.280
<v Speaker 1>filed a sworn off a dyevud, and said plainly she

718
00:47:44.480 --> 00:47:50.280
<v Speaker 1>firmly believed they had made a terrible mistake, Linda wasn't alone.

719
00:47:50.400 --> 00:47:53.280
<v Speaker 1>By the time the Innocence Project's lawyers had finished canvassing

720
00:47:53.320 --> 00:47:56.360
<v Speaker 1>the jurors, five of the twelve people who had convicted

721
00:47:56.400 --> 00:48:00.000
<v Speaker 1>Michael had signed sworn statements questioning whether he had received

722
00:48:00.199 --> 00:48:04.480
<v Speaker 1>a fair trial. More than half the living jurors expressed doubt.

723
00:48:05.280 --> 00:48:09.760
<v Speaker 1>It was an extraordinary development. Jurors recanting is pretty rare.

724
00:48:10.400 --> 00:48:12.840
<v Speaker 1>Five of them doing so in writing in sworn after

725
00:48:12.920 --> 00:48:16.559
<v Speaker 1>David's is almost unheard of. But none of it was

726
00:48:16.679 --> 00:48:20.000
<v Speaker 1>enough to open a courtroom door. The legal standard for

727
00:48:20.039 --> 00:48:23.360
<v Speaker 1>overturning a conviction is not the same as the standard

728
00:48:23.360 --> 00:48:28.079
<v Speaker 1>for reaching one. Michael's lawyers filed motion after motion and

729
00:48:28.159 --> 00:48:31.639
<v Speaker 1>were turned back at every level. One of his lawyers said,

730
00:48:32.360 --> 00:48:35.079
<v Speaker 1>most basically, we believe Mike should be free because he

731
00:48:35.159 --> 00:48:38.559
<v Speaker 1>was convicted on the basis of false evidence. Everyone knows

732
00:48:38.639 --> 00:48:43.079
<v Speaker 1>it's false, even the state admits its false. The courts

733
00:48:43.079 --> 00:48:46.639
<v Speaker 1>weren't moved or not moved quickly enough, and the suri's

734
00:48:46.679 --> 00:48:51.000
<v Speaker 1>appellate process was grinding slowly against them. But back in

735
00:48:51.000 --> 00:48:54.480
<v Speaker 1>twenty twelve, something had happened that had nothing to do

736
00:48:54.559 --> 00:48:58.800
<v Speaker 1>with Michael's case directly, but would change everything for him. Anyway.

737
00:48:59.599 --> 00:49:02.679
<v Speaker 1>That year, the United States Supreme Court ruled in Miller

738
00:49:02.760 --> 00:49:06.840
<v Speaker 1>versus Alabama that mandatory life without parole sentences for juvenile

739
00:49:06.880 --> 00:49:11.639
<v Speaker 1>offenders were unconstitutional. It was a landmark ruling, and its

740
00:49:11.639 --> 00:49:16.199
<v Speaker 1>implications rippled through prison systems across the country, including the series.

741
00:49:17.159 --> 00:49:20.039
<v Speaker 1>The state was eventually required to overhaul how it handled

742
00:49:20.039 --> 00:49:24.679
<v Speaker 1>parole for people convicted of serious crimes as miners. That

743
00:49:24.800 --> 00:49:28.639
<v Speaker 1>process was slow and legally complex, moving through federal and

744
00:49:28.719 --> 00:49:32.400
<v Speaker 1>state courts over the better part of a decade, but

745
00:49:32.440 --> 00:49:35.480
<v Speaker 1>by twenty twenty one, a bill had passed in Missouri

746
00:49:35.760 --> 00:49:39.440
<v Speaker 1>that gave juvenile offenders convicted of serious crimes a direct

747
00:49:39.519 --> 00:49:44.760
<v Speaker 1>pathway to a parole hearing. Michael was notified that he

748
00:49:44.800 --> 00:49:48.639
<v Speaker 1>had been granted an immediate hearing before the Parole Board.

749
00:49:48.920 --> 00:49:51.559
<v Speaker 1>He appeared before them on the twentieth of January twenty

750
00:49:51.760 --> 00:49:55.599
<v Speaker 1>twenty two. The board's mandate in these hearings was not

751
00:49:55.639 --> 00:49:59.519
<v Speaker 1>to consider questions of innocence. It was only to assess

752
00:49:59.559 --> 00:50:03.199
<v Speaker 1>whether the hers and before them had matured, whether their

753
00:50:03.199 --> 00:50:07.519
<v Speaker 1>conduct and record during incarceration indicated they were ready to

754
00:50:07.639 --> 00:50:11.679
<v Speaker 1>re enter society. Michael sat before them and told them

755
00:50:11.679 --> 00:50:15.960
<v Speaker 1>he was innocent. He explained why he was innocent. He

756
00:50:16.039 --> 00:50:19.199
<v Speaker 1>said he believed this was why they should release him.

757
00:50:19.679 --> 00:50:22.079
<v Speaker 1>He had been saying it for twenty three years, and

758
00:50:22.159 --> 00:50:26.400
<v Speaker 1>he said it again in that room. It worked. On

759
00:50:26.440 --> 00:50:29.400
<v Speaker 1>the eighth of February two thousand and twenty two, Michael

760
00:50:29.480 --> 00:50:33.400
<v Speaker 1>was told he had been granted parole. His sister, Melanie,

761
00:50:33.400 --> 00:50:36.559
<v Speaker 1>took his phone call. The first words out of his mouth,

762
00:50:36.639 --> 00:50:40.519
<v Speaker 1>she said, were I'm getting out of here. April twenty third.

763
00:50:41.480 --> 00:50:44.119
<v Speaker 1>She said she could hear the excitement in her brother's voice.

764
00:50:45.199 --> 00:50:47.119
<v Speaker 1>She told him she couldn't wait to hug him for

765
00:50:47.159 --> 00:50:51.360
<v Speaker 1>longer than five seconds. The twenty third of April two

766
00:50:51.400 --> 00:50:55.599
<v Speaker 1>thousand and twenty two arrived, Melanie and Crystal drove to

767
00:50:55.679 --> 00:50:59.400
<v Speaker 1>Jefferson City Correctional Center with friends, family, and a change

768
00:50:59.440 --> 00:51:03.360
<v Speaker 1>of clothing. They were there with the lawyers, with supporters,

769
00:51:03.679 --> 00:51:07.800
<v Speaker 1>with people carrying signs. Michael walked out of the building

770
00:51:08.159 --> 00:51:11.840
<v Speaker 1>into open air. He was now thirty eight years old.

771
00:51:12.840 --> 00:51:16.159
<v Speaker 1>He said to reporters, I never thought this day would come.

772
00:51:16.719 --> 00:51:19.480
<v Speaker 1>I don't see any barbed wire or any wire. It's

773
00:51:19.519 --> 00:51:24.880
<v Speaker 1>all open. It smells different, looks different. It's amazing. Standing

774
00:51:24.920 --> 00:51:26.559
<v Speaker 1>in the car park of the prison where he had

775
00:51:26.559 --> 00:51:30.119
<v Speaker 1>spent the last stretch of his sentence. Someone had arranged

776
00:51:30.119 --> 00:51:34.400
<v Speaker 1>for a bicycle to be there. His childhood friend, Mike Glore,

777
00:51:34.920 --> 00:51:37.119
<v Speaker 1>the boy he used to ride with along the roads

778
00:51:37.119 --> 00:51:40.599
<v Speaker 1>of Hopewell all those years ago, was standing next to it.

779
00:51:41.719 --> 00:51:44.400
<v Speaker 1>Michael got on, He looked at the crowd that had

780
00:51:44.440 --> 00:51:47.480
<v Speaker 1>gathered and said, we're going to take a bike ride

781
00:51:47.519 --> 00:51:51.159
<v Speaker 1>from this car park to the railroad tracks. And then

782
00:51:51.199 --> 00:51:54.400
<v Speaker 1>to laughter and cheering, he said, I'm leaving here the

783
00:51:54.480 --> 00:51:58.199
<v Speaker 1>same way that I came in on a bicycle. Justice

784
00:51:58.239 --> 00:52:02.320
<v Speaker 1>for Rida later said it felt good that it was

785
00:52:02.360 --> 00:52:05.440
<v Speaker 1>the best bike ride in the world, that he looked

786
00:52:05.480 --> 00:52:07.599
<v Speaker 1>up at the sky and felt his mother was there

787
00:52:07.639 --> 00:52:11.599
<v Speaker 1>with him. He moved in with Melanie in Afton in

788
00:52:11.679 --> 00:52:15.199
<v Speaker 1>the Saint Louis area. He started work as a carboner.

789
00:52:15.840 --> 00:52:18.199
<v Speaker 1>He got his driver's license for the first time in

790
00:52:18.239 --> 00:52:21.480
<v Speaker 1>his life. He had the gang tattoos covered over with

791
00:52:21.599 --> 00:52:25.119
<v Speaker 1>new artwork. There was one tattoo he got in prison

792
00:52:25.280 --> 00:52:29.000
<v Speaker 1>that he kept one for his mother. He was, as

793
00:52:29.079 --> 00:52:32.760
<v Speaker 1>he put it, trying to live, trying to work and

794
00:52:32.800 --> 00:52:36.280
<v Speaker 1>be a person. He was experiencing things that most people

795
00:52:36.320 --> 00:52:40.039
<v Speaker 1>take for granted without ever noticing, because they have always

796
00:52:40.039 --> 00:52:44.079
<v Speaker 1>been available. He was saving money to buy his first house.

797
00:52:45.039 --> 00:52:48.079
<v Speaker 1>He was spending time with a girlfriend, Heather Collins, who

798
00:52:48.119 --> 00:52:51.320
<v Speaker 1>he first met at school in Hopewell and reconnected with

799
00:52:51.559 --> 00:52:55.320
<v Speaker 1>following his release. But walking out of prison was not

800
00:52:55.440 --> 00:53:00.280
<v Speaker 1>the same as being free, not in the legal Senseigel

801
00:53:00.280 --> 00:53:04.039
<v Speaker 1>Poli was on parole, his conviction had not been overturned.

802
00:53:04.920 --> 00:53:08.280
<v Speaker 1>His record still carried the second degree murder conviction of

803
00:53:08.320 --> 00:53:11.800
<v Speaker 1>his mother. It meant a lifetime of reporting to a

804
00:53:11.840 --> 00:53:15.800
<v Speaker 1>parole officer, of requesting travel permits to move between states

805
00:53:15.840 --> 00:53:19.639
<v Speaker 1>for construction work, of being unable to vote, unable to

806
00:53:19.639 --> 00:53:23.119
<v Speaker 1>own a firearm, unable to move through the world without

807
00:53:23.159 --> 00:53:28.079
<v Speaker 1>the conviction shadowing everything. Having a felony on your record,

808
00:53:28.119 --> 00:53:32.079
<v Speaker 1>he said, hold you back in so many aspects of life.

809
00:53:32.239 --> 00:53:43.840
<v Speaker 1>You can't fully be productive. The legal fight didn't stop

810
00:53:43.840 --> 00:53:47.920
<v Speaker 1>when the prison gates opened. In May of twenty twenty two.

811
00:53:48.079 --> 00:53:52.920
<v Speaker 1>Just weeks after Michael walchdfree, Washington County Prosecutor Josh Hedgecoorth

812
00:53:53.239 --> 00:53:57.440
<v Speaker 1>filed a formal motion to vacate the conviction entirely. Hedgecoorth

813
00:53:57.480 --> 00:54:00.280
<v Speaker 1>had looked at the case, examined the evidence, and reached

814
00:54:00.280 --> 00:54:03.519
<v Speaker 1>a conclusion that he described in legal filings. In plain terms,

815
00:54:04.559 --> 00:54:09.239
<v Speaker 1>the evidence underlying Michael's conviction has been scientifically proven false.

816
00:54:10.519 --> 00:54:13.000
<v Speaker 1>As the sitting prosecutor of the county where the murder

817
00:54:13.000 --> 00:54:16.719
<v Speaker 1>had taken place, he said he was judy boun to act.

818
00:54:17.440 --> 00:54:20.519
<v Speaker 1>He filed the motion and also confirmed publicly that the

819
00:54:20.599 --> 00:54:25.800
<v Speaker 1>Washington County Sheriff's Department had reopened the investigation into Rida's murder.

820
00:54:26.519 --> 00:54:29.840
<v Speaker 1>He said, justice is twenty three years delayed for Rada

821
00:54:29.880 --> 00:54:32.880
<v Speaker 1>Polite and her son Michael, but it's never too late.

822
00:54:34.239 --> 00:54:36.920
<v Speaker 1>It looked for a moment like the end could be

823
00:54:37.000 --> 00:54:43.360
<v Speaker 1>in sight, but then the machinery pushed back. Missouri's Attorney General,

824
00:54:43.679 --> 00:54:47.840
<v Speaker 1>Eric Schmidt intervened. His office argued that the new state

825
00:54:47.920 --> 00:54:52.239
<v Speaker 1>law allowing prosecutors to bring forward wrongful conviction motions only

826
00:54:52.280 --> 00:54:55.880
<v Speaker 1>applied to the prosecuting attorney in the jurisdiction where the

827
00:54:55.920 --> 00:55:00.320
<v Speaker 1>conviction was actually obtained. Michael had been convicted in Saint

828
00:55:00.320 --> 00:55:04.719
<v Speaker 1>Francis County. After the change of venue, the motion had

829
00:55:04.719 --> 00:55:09.159
<v Speaker 1>been filed by the Washington County prosecutor. General Attorney said

830
00:55:09.159 --> 00:55:11.960
<v Speaker 1>that it was the wrong county, the wrong prosecutor, and

831
00:55:12.000 --> 00:55:16.400
<v Speaker 1>the motion was therefore invalid. The Missouri Supreme Court heard

832
00:55:16.480 --> 00:55:20.400
<v Speaker 1>arguments in early twenty and twenty three. In February of

833
00:55:20.400 --> 00:55:24.039
<v Speaker 1>that year, the court handed down a unanimous opinion. The

834
00:55:24.119 --> 00:55:26.639
<v Speaker 1>judge wrote that the law had a plain and ordinary

835
00:55:26.679 --> 00:55:30.960
<v Speaker 1>meaning that permitted no construction. The motion had to come

836
00:55:31.000 --> 00:55:33.880
<v Speaker 1>from the prosecuting attorney in the jurisdiction where the conviction

837
00:55:34.039 --> 00:55:38.760
<v Speaker 1>was entered. The Washington County prosecutor didn't have the authority

838
00:55:38.800 --> 00:55:43.039
<v Speaker 1>to file it. The motion was dismissed, and then Hedgecourt

839
00:55:43.119 --> 00:55:47.760
<v Speaker 1>lost his bid for reelection. The new Washington County Prosecutor,

840
00:55:47.920 --> 00:55:52.199
<v Speaker 1>John Jones, took office in January twenty twenty three. He

841
00:55:52.239 --> 00:55:56.320
<v Speaker 1>had not initiated contact with Michael's team. Dickerson Bell, the

842
00:55:56.400 --> 00:55:58.679
<v Speaker 1>juror who had wept at the verdict and filed en

843
00:55:58.679 --> 00:56:01.480
<v Speaker 1>aff a. David, saying she believed they had made a mistake,

844
00:56:02.079 --> 00:56:06.039
<v Speaker 1>organized a rally outside Jones's office in April twentyand and

845
00:56:06.079 --> 00:56:09.239
<v Speaker 1>twenty five. She had been trying to get a meeting

846
00:56:09.239 --> 00:56:12.679
<v Speaker 1>with Jones since he took office. She hadn't heard back.

847
00:56:13.440 --> 00:56:15.800
<v Speaker 1>She said, I'd like for him to meet with me

848
00:56:15.960 --> 00:56:18.840
<v Speaker 1>and go over why I believe mister Polyte is innocent.

849
00:56:19.519 --> 00:56:21.800
<v Speaker 1>He has failed to answer any of my emails or

850
00:56:21.920 --> 00:56:25.800
<v Speaker 1>visits to his office. In the meantime, the same Francis

851
00:56:25.840 --> 00:56:30.000
<v Speaker 1>County prosecutor, who now technically held jurisdiction over any future

852
00:56:30.079 --> 00:56:34.039
<v Speaker 1>motion to vacate, had recused himself from the case and

853
00:56:34.159 --> 00:56:38.440
<v Speaker 1>asked that Jones appointed special prosecutor to review it. That

854
00:56:38.599 --> 00:56:44.559
<v Speaker 1>request sat unresolved. Michael's legal team, now encompassing the Midwest

855
00:56:44.559 --> 00:56:49.400
<v Speaker 1>Innocence Project, the MacArthur Justice Center, and Langdon and Emerson,

856
00:56:49.760 --> 00:56:53.000
<v Speaker 1>had also filed a federal habeas corpus petition in twenty

857
00:56:53.199 --> 00:56:58.519
<v Speaker 1>and twenty three. That petition remained pending. Michael Pollate is

858
00:56:58.960 --> 00:57:02.400
<v Speaker 1>as of this episode, a free man in the physical sense.

859
00:57:03.360 --> 00:57:06.360
<v Speaker 1>He's out, he's working, he has people around him who

860
00:57:06.480 --> 00:57:10.800
<v Speaker 1>love him, but he is not exonerated. His mother's murder

861
00:57:10.840 --> 00:57:14.239
<v Speaker 1>remains officially solved, with his name still attached to it

862
00:57:14.599 --> 00:57:19.760
<v Speaker 1>as the convicted killer. Radapolite's case is not open. No

863
00:57:19.800 --> 00:57:22.719
<v Speaker 1>one else has been charged, and the question of what

864
00:57:22.880 --> 00:57:26.039
<v Speaker 1>actually happened in that trailer in Hopewell on the night

865
00:57:26.119 --> 00:57:30.039
<v Speaker 1>of the fourth of December nineteen ninety eight remains in

866
00:57:30.239 --> 00:57:35.360
<v Speaker 1>any official sense unanswered. He said it himself in an

867
00:57:35.400 --> 00:57:38.159
<v Speaker 1>interview after his release with the kind of clarity that

868
00:57:38.239 --> 00:57:41.239
<v Speaker 1>comes from having thought about something for more than two decades.

869
00:57:42.440 --> 00:57:45.960
<v Speaker 1>If his conviction was overturned, he said, there would be

870
00:57:46.039 --> 00:57:49.800
<v Speaker 1>an unsolved case, and maybe then they would actually go

871
00:57:49.880 --> 00:57:52.920
<v Speaker 1>and investigate it the way they should have more than

872
00:57:52.960 --> 00:57:56.920
<v Speaker 1>twenty years ago. Michael visits his mother's grave with his

873
00:57:57.039 --> 00:58:02.000
<v Speaker 1>sisters on her birthday. Each year, they bring stony angels

874
00:58:02.039 --> 00:58:06.719
<v Speaker 1>and place them beside her headstone. Michael said she can

875
00:58:06.760 --> 00:58:10.559
<v Speaker 1>probably finally rest. I don't think she's been resting since

876
00:58:10.559 --> 00:58:14.760
<v Speaker 1>she passed away, knowing what happened in the aftermath. He

877
00:58:14.840 --> 00:58:17.920
<v Speaker 1>still has her truck. It's been sitting in a lot

878
00:58:18.199 --> 00:58:21.360
<v Speaker 1>but Tozie, Missouri, not far from where she was killed

879
00:58:21.880 --> 00:58:25.480
<v Speaker 1>for more than twenty five years. His family held on

880
00:58:25.599 --> 00:58:27.760
<v Speaker 1>to it because it was one of the only things

881
00:58:27.800 --> 00:58:31.920
<v Speaker 1>of hers they have left. Michael often talks about fixing

882
00:58:31.920 --> 00:58:35.840
<v Speaker 1>it up, getting it running again. As for what he

883
00:58:35.920 --> 00:58:41.039
<v Speaker 1>thinks happened to his mother, his father is somehow responsible.

884
00:59:08.239 --> 00:59:11.480
<v Speaker 1>Well that is it for this episode of Morbidology. As always,

885
00:59:11.480 --> 00:59:13.400
<v Speaker 1>thank you so much for listening, and I'd like to

886
00:59:13.440 --> 00:59:16.280
<v Speaker 1>say a massive thank you to my newest supporters up

887
00:59:16.280 --> 00:59:22.000
<v Speaker 1>on Patreon, Elizabeth Oslog, Becky Zoe Joshua Sr. And Daniel.

888
00:59:23.360 --> 00:59:25.159
<v Speaker 1>Link to Patreon is in the show notes. If you'd

889
00:59:25.159 --> 00:59:28.920
<v Speaker 1>like to join, I upload AD free in early release episodes,

890
00:59:29.199 --> 00:59:32.280
<v Speaker 1>bonus episodes of Morbidology Plus Behind the Scenes, and I

891
00:59:32.320 --> 00:59:34.679
<v Speaker 1>also send out some co merch along with a thank

892
00:59:34.719 --> 00:59:38.519
<v Speaker 1>you card. I also do AD free early release and

893
00:59:38.599 --> 00:59:43.519
<v Speaker 1>bonus episodes of Morbidology Plus up on Apple subscriptions. Remember

894
00:59:43.559 --> 00:59:45.800
<v Speaker 1>to check us out at morbidology dot com for more

895
00:59:45.800 --> 00:59:49.280
<v Speaker 1>information about this episode and to read some true crime articles.

896
00:59:49.639 --> 00:59:52.320
<v Speaker 1>Until next time, take care of yourselves, stay safe, and

897
00:59:52.400 --> 01:00:03.559
<v Speaker 1>have an amazing week. Temp
