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<v Speaker 1>Welcome back to part of our series about the Austin

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<v Speaker 1>Yogurt shot murders and the recent resolution of the case.

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<v Speaker 1>So I, given that this was the early nineteen nineties

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<v Speaker 1>in Texas, I'm sure it won't surprise you to learn

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<v Speaker 1>that we also have a touch of Satanic panic, because

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<v Speaker 1>this is pretty much a kitchen sink case when it

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<v Speaker 1>comes to finding colorful suspects. But the police started receiving

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<v Speaker 1>tips about a group of local residents who were nicknamed

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<v Speaker 1>the People in Black, who supposedly had an interest in

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<v Speaker 1>the occult and vanism and would perform activities like dancing

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<v Speaker 1>on tombstones, and of course there were rumors in the

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<v Speaker 1>area that they were all part of a Satanic cult.

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<v Speaker 1>The leader of the group was a woman called Claire LeVay,

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<v Speaker 1>which is probably not a real name. I think she

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<v Speaker 1>changed it as a homage to the Church of Satan

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<v Speaker 1>founder Aunt Don Leavey. Yeah exactly. But what's hilarious is

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<v Speaker 1>that forty eight hours this was when they started covering

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<v Speaker 1>the Austin yogurt shop murders. You know, you know Aaron Moriarty, right, Oh, yes.

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<v Speaker 2>I know who Aaron Moriarty is.

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<v Speaker 1>Yes, this is pretty much one of her pet cases

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<v Speaker 1>because she was assigned to cover it back in nineteen

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<v Speaker 1>ninety two and then would keep covering the case for

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<v Speaker 1>like the next thirty years. She came very passionate about it.

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<v Speaker 1>But what's hilarious is one of her first assignments is

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<v Speaker 1>when forty eight hours the camera crew was given permission

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<v Speaker 1>when they performed a raid of Claire LaVey's house in

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<v Speaker 1>order to bring her in for questioning and see if

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<v Speaker 1>she had any knowledge of the yogurt shop murders. And

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<v Speaker 1>when the police broke and burst down the door and

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<v Speaker 1>came in with the camera crew, turned out that Claire

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<v Speaker 1>LaVey was naked inside and pleasuring herself with a vibrator

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<v Speaker 1>just when the police arrived, which is a very hilarious

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<v Speaker 1>story in a very sad case. But they found like

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<v Speaker 1>a skull inside, but it turned out it was made

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<v Speaker 1>of wax, and she had some bones in there, but

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<v Speaker 1>they belonged to animals like rats and squirrels. And of

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<v Speaker 1>course when John Jones looked into her, he realized, no,

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<v Speaker 1>she's got nothing to do with this. This is just

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<v Speaker 1>like a false le at, a red herring, and they

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<v Speaker 1>dropped it. But thankfully they had some good sense this time,

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<v Speaker 1>because we've seen so many of the satanic panic lead

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<v Speaker 1>to innocent people being railroaded. But in this case, Claire

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<v Speaker 1>LaVey was just embarrassed rather than falsely in prison.

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<v Speaker 2>I mean, get it, Claire Leavey don't want to yuck

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<v Speaker 2>her yum. I mean, I can understand that she would

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<v Speaker 2>have been embarrassed because you don't expect law enforcement to

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<v Speaker 2>come bursting in. Well, one is in the act of

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<v Speaker 2>pleasuring themselves. But you're right, that is a really hilarious

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<v Speaker 2>spot in a very very dark case. And you can't

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<v Speaker 2>have a nineteen nineties case it's unsolved without having like

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<v Speaker 2>some kind of smattering of satanic panic, just like sprinkled

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<v Speaker 2>in for good measure.

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<v Speaker 1>It feels like pretty much. Yeah. And for the record,

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<v Speaker 1>that footage of her with the vibrator did not make

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<v Speaker 1>the forty eight Hours episode that they didn't want that

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<v Speaker 1>going on a network TV. So there would be one

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<v Speaker 1>more very interesting false lead, and this time it involved

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<v Speaker 1>a gang of Mexican bikers from a gang called Nierrada's Punks.

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<v Speaker 1>It was because an Hispanic looking man with long hair

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<v Speaker 1>in a car had been seen parked outside the yogurt

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<v Speaker 1>shop on the night of the murders, and the eventually

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<v Speaker 1>I thought they had identified them as a trio of

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<v Speaker 1>bikers named Alberto Jimenez, Cortes, Portfrio Villa Severrada and Ricardo Hernandez.

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<v Speaker 1>And these were dangerous guys because three weeks before the

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<v Speaker 1>yogurt shop murders they had actually abducted a young women

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<v Speaker 1>from a nightclub in Austin and proceeded to gang Raper

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<v Speaker 1>before letting her go. So they put out an a

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<v Speaker 1>restaurant for these guys. They wondered if they might have

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<v Speaker 1>been responsible for the yogurt shp crime, but they had

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<v Speaker 1>escaped over the border into Mexico. But in October of

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<v Speaker 1>nineteen ninety two, nearly a year later, they finally captured

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<v Speaker 1>two of them, Cortes and Seretta, for other crimes such

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<v Speaker 1>as drug trafficking and gun smuggling, and as we were

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<v Speaker 1>being held in custody by the Mexican authorities, they both

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<v Speaker 1>supposedly confessed to being responsible for the yogurt shop murders.

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<v Speaker 1>But thankfully John Jones was still on the case and

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<v Speaker 1>once he read the confession, he instantly became skeptical because

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<v Speaker 1>there were a lot of incorrect details, because one of

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<v Speaker 1>them even said that the girls were cut up and mutilated.

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<v Speaker 1>So Jones decided to perform his own interview with these

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<v Speaker 1>guys where they recanted these confessions and claimed that they

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<v Speaker 1>had only done it because they had been tortured by

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<v Speaker 1>the Mexican authorities, because obviously down there there's more human

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<v Speaker 1>rights violations, and it seemed like the Mexican authorities wanted

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<v Speaker 1>to take credit for solving this very infamous American crime,

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<v Speaker 1>so they tortured these two by into making a false confession.

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<v Speaker 1>And they weren't bad guys. They did go to prison

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<v Speaker 1>for the gang rape, so they deserve to be locked up,

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<v Speaker 1>but they were ultimately ruled out as being responsible for

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<v Speaker 1>the yogurt shop murders. But it just kind of demonstrated

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<v Speaker 1>what a big farce this case was becoming because we

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<v Speaker 1>were finding all these colorful suspects, many of them were confessing,

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<v Speaker 1>yet there was no evidence to implicate any of them.

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<v Speaker 2>And like, Okay, the year's nineteen ninety one. We've got

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<v Speaker 2>like really rudimentary internet. It's pretty basic, and I've just

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<v Speaker 2>got to wonder what type of news media was reaching

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<v Speaker 2>Mexico about the Austin yogurt shop murders. It wouldn't be

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<v Speaker 2>like it is today. There wasn't social media, So like,

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<v Speaker 2>what was going through these two Mexican or Mexican police

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<v Speaker 2>officers who are questioning these bikers and they're like, hey, bro,

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<v Speaker 2>let's just get these guys to confess so that we

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<v Speaker 2>can take credit for solving the Austin yogurt shop murders.

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<v Speaker 1>What I mean, I guess it'd be because it's near

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<v Speaker 1>the Mexican border to Austin that maybe word has spread

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<v Speaker 1>about it down there and they had heard of it.

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<v Speaker 1>But I think they just saw it as an opportunity

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<v Speaker 1>because maybe they saw in the police band that they

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<v Speaker 1>were wanted for questioning and the yogurt shot murders, and

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<v Speaker 1>once they realized that they had them in custody for

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<v Speaker 1>other crimes, they said, oh, this will be a big

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<v Speaker 1>coup for us if we can solve this case and

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<v Speaker 1>make the Americans look bad. But of course they didn't

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<v Speaker 1>do it, and all they got were false confessions. But

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<v Speaker 1>it just showed how much time was wasted in the

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<v Speaker 1>early years pursuing all these leads that ultimately went nowhere.

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<v Speaker 2>Yeah, it's just like everybody who is faced with a suspect,

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<v Speaker 2>no matter how credible they are or how credible the

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<v Speaker 2>details that they give are, they're just so hungry for

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<v Speaker 2>a result that they want to solve the case. And

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<v Speaker 2>I'm sure that the motivations are many that some people

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<v Speaker 2>who want to solve it, they truly have their eye

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<v Speaker 2>on justice and they want to solve it because they

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<v Speaker 2>want to give the families that resolution and to be

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<v Speaker 2>able to give the community that resolution. And then there's

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<v Speaker 2>other people where it's more of an ego project, right,

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<v Speaker 2>and it's like, Okay, well, if I do this, it's

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<v Speaker 2>going to make me look so good. And then Mexico

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<v Speaker 2>doing that and be like, let's torture these guys and

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<v Speaker 2>get this result. I'm not laughing at the torture, It

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<v Speaker 2>just it seems absolutely absurd to me that they would

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<v Speaker 2>then try their hand at this where these guys clearly

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<v Speaker 2>didn't do it. Yeah, they're bad guys and they did

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<v Speaker 2>deserve to be locked up, but not for the Austin

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<v Speaker 2>yogurt chop.

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<v Speaker 1>Murders exactly, because, as we're going to talk about, the

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<v Speaker 1>real killer was getting away with it. And when we

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<v Speaker 1>get to the end and I reveal who the real

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<v Speaker 1>killer was, it's going to horrify you how many other

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<v Speaker 1>crimes he was getting away with while they were looking

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<v Speaker 1>at the wrong suspects in this case. So, unfortunately, the

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<v Speaker 1>case would remain solid for the next several years. Like

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<v Speaker 1>I said, John Jones was transferred off the case and

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<v Speaker 1>everything went cold. But in August of nineteen ninety nine,

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<v Speaker 1>the Austin pe decided to form a new task force

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<v Speaker 1>to relaunch the investigation and would it be led by

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<v Speaker 1>a homicide detective named Paul Johnson and assisted by some

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<v Speaker 1>other detectives named Ron Laura, John Hardisty and Robert Merrill,

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<v Speaker 1>who pretty much decided, we're going to solve this at

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<v Speaker 1>any costs. So while looking back through the files, they

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<v Speaker 1>found out about this whole lead involving Maurice Pearce and

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<v Speaker 1>how he had implicated three accomplices, Robert Springsteen, Michael Scott

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<v Speaker 1>and Forrest Wellborn, and they hadn't been looked at in years,

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<v Speaker 1>and even though there was no evidence against them other

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<v Speaker 1>than like a half ass confession from Maurice, they decide, well,

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<v Speaker 1>they're in the mid twenties now and they're now living

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<v Speaker 1>with jobs and they have families of their own. Some

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<v Speaker 1>of them even have children, why not bring them back

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<v Speaker 1>in and question them again? And like I mentioned back

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<v Speaker 1>in nineteen ninety one, they were all like kind of

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<v Speaker 1>juvenile delinquents. They were high school dropouts who spent a

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<v Speaker 1>lot of the time partying, didn't seem to have much

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<v Speaker 1>focus in life. Some of them had some misdemeanor crimes.

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<v Speaker 1>Maurice had been arrested once for drunk driving, Mike had

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<v Speaker 1>been arrested once for possession of weed. Forrest had once

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<v Speaker 1>been arrested for driving with a suspended license. Once again,

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<v Speaker 1>none of these guys had any documented history of violence

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<v Speaker 1>to suggest they were capable of a crime this heinous,

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<v Speaker 1>and they were all teenagers at the time. We had

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<v Speaker 1>two seventeen year olds, one sixteen year old and won

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<v Speaker 1>fifteen year old. And the crime really looked like it

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<v Speaker 1>was committed by an offender who had a lot of

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<v Speaker 1>prior experience of that and may not have been their

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<v Speaker 1>first murder. But regardless, they still wanted to question them again.

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<v Speaker 1>So the next first person who was brought in was

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<v Speaker 1>Michael Scott, and the first thing he said in his

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<v Speaker 1>interrogation room was I got a sorry, guys, but I

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<v Speaker 1>had memory issues. I may have trouble for getting stuff

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<v Speaker 1>that took place nearly eight years earlier. And I think

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<v Speaker 1>they took advantage of that because as they started interrogating

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<v Speaker 1>him for several hours, they started planting the seat in

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<v Speaker 1>the head that he may have committed the murder and

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<v Speaker 1>completely blacked out and forgotten about it. So at one point,

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<v Speaker 1>ten hours into his interrogation, Michael was given a cell

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<v Speaker 1>phone in order to call his wife and he actually

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<v Speaker 1>said to her, quote, I know more about this case

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<v Speaker 1>than I thought I knew.

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<v Speaker 2>Oh my god. That just gives me such a shudder

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<v Speaker 2>to think that, like, poor Michael Scott, who's clearly got

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<v Speaker 2>memory issues, and he's telling the police this and they

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<v Speaker 2>seem to be weaponizing it against him. And I don't

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<v Speaker 2>know how much of this is done in a calculated

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<v Speaker 2>manner and that they actually believe that he's guilty, or

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<v Speaker 2>if they're just like, this guy looks like he could

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<v Speaker 2>be good for it. Let's just take advantage of this.

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<v Speaker 2>It just seems like such low hanging fruit. When you

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<v Speaker 2>take somebody who's got any type of mild cognitive impairment

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<v Speaker 2>or somebody who is easily influenced, you can plant the

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<v Speaker 2>seeds and make them believe that they did just about anything,

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<v Speaker 2>which is why one of the techniques that is allowed

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<v Speaker 2>in the US, I don't know if we allow it

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<v Speaker 2>in Canada. That I hate is when police lie to

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<v Speaker 2>suspects and they say, we have your DNA here, And

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<v Speaker 2>I think that like when you say to somebody who

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<v Speaker 2>has or suffers from any kind of cognitive issues or

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<v Speaker 2>memory issues, or they're very easily influenced, that if you

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<v Speaker 2>say that, then there's a strong likelihood that you're going

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<v Speaker 2>to get a percentage of those people who are going

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<v Speaker 2>to go, oh, my DNA was there, I must have

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<v Speaker 2>been there, I must be guilty. And then it's just

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<v Speaker 2>a really dangerous trajectory for the rest of the interrogation

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<v Speaker 2>because you can very easily plant the seeds and make

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<v Speaker 2>somebody believe that they themselves committed this crime, which seems

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<v Speaker 2>like that's what happened here.

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<v Speaker 1>Yeah, Like they did let Michael go go back home

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<v Speaker 1>to his wife, but then they brought him in again

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<v Speaker 1>the following day and continue to go at him for

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<v Speaker 1>several more hours, and then finally, after being interrogated for

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<v Speaker 1>a total of eighteen hours over the course of two days,

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<v Speaker 1>he finally admitted that he participated the murders and then

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<v Speaker 1>signed a fourteen page confession. But you talked about how

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<v Speaker 1>they can lie to suspects to plant the seeds in

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<v Speaker 1>their heads that they might have done it, and we

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<v Speaker 1>have an example of it here because Michael claimed that

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<v Speaker 1>his alibi around the time of the yogurt Chop murders.

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<v Speaker 1>This is another colorful detail is that he and Robert

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<v Speaker 1>Springsteen were attending a midnight screening of the Rocky Horror

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<v Speaker 1>Picture Show, which is taking place at the local mall,

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<v Speaker 1>and they at one point during the interrogation, what if

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<v Speaker 1>I told you that we checked and the Rocky Horror

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<v Speaker 1>Picture Show wasn't playing at the theater that night, And

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<v Speaker 1>of course that wasn't true. They didn't go back and

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<v Speaker 1>check records for a movie that took place eight years ago.

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<v Speaker 1>They just said it randomly in the interview, and of

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<v Speaker 1>course Michael started doubting himself. Oh so maybe I wasn't

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<v Speaker 1>actually there. Maybe I could have been in the yogret

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<v Speaker 1>shop committing these murders. And that's what eventually paved the

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<v Speaker 1>way for him to confessing.

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<v Speaker 2>And so often in these cases you see a situation

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<v Speaker 2>where somebody will say I have memory impairment issues. They

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<v Speaker 2>may take advantage of that by pushing really hard, not

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<v Speaker 2>giving him a break. If he doesn't have access to

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<v Speaker 2>a lawyer and he doesn't know to ask for when

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<v Speaker 2>there's a problem, and if he doesn't have any food,

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<v Speaker 2>he doesn't have any beverages, maybe he's not allowed to

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<v Speaker 2>go to the bathroom. We don't know the whole scenario

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<v Speaker 2>played out there or is there a video of it.

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<v Speaker 1>There is some video tape interrogation, but he did get

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<v Speaker 1>some breaks and stuff. But you're correct he did not

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<v Speaker 1>have a lawyer there when he was doing this because

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<v Speaker 1>he probably figured, well, I had nothing to do with this.

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<v Speaker 1>Here we are years later. I'm just going to answer

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<v Speaker 1>questions and make things easier for them, little knowing that

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<v Speaker 1>they're trying to like extract a false confession from them.

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<v Speaker 2>Well, in the nineties, that was kind of the idea, right, like,

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<v Speaker 2>if you didn't commit the crime, if you are innocent,

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<v Speaker 2>then you've got nothing to hide. Why would you need

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<v Speaker 2>a lawyer? I think it's only upon examination of all

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<v Speaker 2>of these wrongful conviction cases that we've seen, you absolutely

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<v Speaker 2>need a lawyer, whether you're guilty or whether you're innocent.

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<v Speaker 2>The police aren't looking out for your best interests. You

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<v Speaker 2>need to preserve your interest and the only way that

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<v Speaker 2>you can do that is hiring a legal professional to

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<v Speaker 2>have them help facilitate that conversation.

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<v Speaker 1>Oh yeah, exactly. And he never would have even considered that.

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<v Speaker 1>I mean, all these four suspects, they're not considered to

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<v Speaker 1>be disabled or anything. But when they were in high school,

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<v Speaker 1>they had to take special education courses, so they weren't

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<v Speaker 1>exactly very smart people. And obviously they're more kind of

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<v Speaker 1>more simple minded, Like they can function on their own,

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<v Speaker 1>they can live lives, have families, and have careers, but

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<v Speaker 1>they're just not going to think to themselves that if

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<v Speaker 1>the police are bringing me into question, to me, they're

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<v Speaker 1>going to make me confess to something I didn't do.

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<v Speaker 1>Since he implicated Robert Springsteen, he was brought in for

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<v Speaker 1>questioning next. At this point, he had moved out of

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<v Speaker 1>Texas and was living in West Virginia, so detectives Ron

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<v Speaker 1>Laura and Robert Merrill went over there to question him.

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<v Speaker 1>And when they brought Robert in, he had worked multiple

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<v Speaker 1>shifts at his two jobs, so he had gotten virtually

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<v Speaker 1>no sleep. And I think it had been up for like

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<v Speaker 1>twenty hours at that point, so they only had to

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<v Speaker 1>interrogate him for about four hours before he just got

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<v Speaker 1>so exhausted that he told them what he wanted to

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<v Speaker 1>hear and finally confess that he was involved in the

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<v Speaker 1>murder as well. And I know that there was one

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<v Speaker 1>point where he just got so frustrated when they tried

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<v Speaker 1>to press him saying that you sexually assaulted this thirteen

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<v Speaker 1>year old girl, Amy Errs, and he finally snapped and said, Okay,

289
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<v Speaker 1>I did it. I put my dick in my pussy

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<v Speaker 1>and I raped her. And of course he just said

291
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<v Speaker 1>that out of frustration. He obviously didn't mean it. But

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<v Speaker 1>they played the videotape of that at his trial, so

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<v Speaker 1>you can only imagine what a terrible impression that set

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<v Speaker 1>for the jury.

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<v Speaker 2>Yeah. I can't imagine that the jury would have listened

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<v Speaker 2>to that and had any great thoughts about him. It's

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<v Speaker 2>just so graphic, Yeah, exactly. And I think once they

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<v Speaker 2>saw that, it didn't even matter what other evidence was

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<v Speaker 2>against him, they pretty much probably decided this guy is guilty,

300
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<v Speaker 2>because no one who was innocent would say something like that.

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<v Speaker 2>So in the end, Mike and Rob gave these two

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00:15:49.480 --> 00:15:53.080
<v Speaker 2>different statements that had some contradictory details, but the police

303
00:15:53.080 --> 00:15:56.200
<v Speaker 2>eventually kind of combined them together into what they believed

304
00:15:56.240 --> 00:15:59.679
<v Speaker 2>was a scenario about what they believe happened. What both

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00:15:59.679 --> 00:16:02.000
<v Speaker 2>men said is that the mastermind of the crime was

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00:16:02.080 --> 00:16:05.440
<v Speaker 2>Maurice Pierce, and that was a robbery gone wrong, that

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00:16:05.519 --> 00:16:07.759
<v Speaker 2>the group had been casing the yogurt shop since the

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<v Speaker 2>afternoon and after evening hit Maurice entered first and purchased

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<v Speaker 2>a yogurt in order to keep Jennifer and Eliza distracted,

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<v Speaker 2>while Michael and Roberts knucking through the back area and

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00:16:19.399 --> 00:16:22.600
<v Speaker 2>unlocked the rear door, and they proceeded to use a

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00:16:22.600 --> 00:16:25.240
<v Speaker 2>folded pack of cigarettes to prop the door open, which

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00:16:25.240 --> 00:16:27.879
<v Speaker 2>would allow them to exit the shop during closing time.

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<v Speaker 2>They implicated Forrest well Born, but said he did not

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00:16:30.759 --> 00:16:33.279
<v Speaker 2>directly participate in the crime, that he just sat in

316
00:16:33.320 --> 00:16:36.080
<v Speaker 2>the group's getaway car in order to function his a lockout,

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00:16:36.320 --> 00:16:39.600
<v Speaker 2>and that Maurice, Mike, and rob did the robbery themselves

318
00:16:39.639 --> 00:16:42.919
<v Speaker 2>after eleven PM after closing, but were completely thrown off

319
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<v Speaker 2>by the fact that Sarah and Amy were in the back,

320
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<v Speaker 2>so they weren't expecting four girls to be there instead

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<v Speaker 2>of two and their story was that after the register

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<v Speaker 2>was opened, Maurice was angry because there wasn't as much

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<v Speaker 2>hash in there as he was expecting, so he accused

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00:16:57.639 --> 00:16:59.639
<v Speaker 2>the girls of lying and demanded to know where the

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<v Speaker 2>rest of the money was, even though they maintained there

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00:17:02.039 --> 00:17:05.319
<v Speaker 2>was no more money. They then forced the girls to undress,

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00:17:05.440 --> 00:17:09.119
<v Speaker 2>tied them up a gunpoint, and when Eliza and Jennifer

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<v Speaker 2>continued to maintain that there was no additional money, Maurice

329
00:17:12.000 --> 00:17:14.319
<v Speaker 2>shot them both in the back of the head, and

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<v Speaker 2>then he ordered Robert to rape Amy, which he did,

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<v Speaker 2>and he also ordered Michael to rape Sarah, but he

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00:17:20.759 --> 00:17:22.559
<v Speaker 2>says he couldn't go through with it because he was

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<v Speaker 2>unable to achieve an erection, and then he told Michael

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00:17:26.640 --> 00:17:28.519
<v Speaker 2>to shoot the other two girls in the head or

335
00:17:28.559 --> 00:17:32.000
<v Speaker 2>he would be mit next. So Mike complied, and of course,

336
00:17:32.319 --> 00:17:34.200
<v Speaker 2>after Mike shot Amy twice in the head with a

337
00:17:34.240 --> 00:17:36.799
<v Speaker 2>twenty two caliber gun, he pulled out a three eighty

338
00:17:36.839 --> 00:17:40.599
<v Speaker 2>pistol to fire the kill shot. So they claimed that

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00:17:40.720 --> 00:17:43.880
<v Speaker 2>after that they set the girls on fire and used

340
00:17:44.000 --> 00:17:47.240
<v Speaker 2>lighter fluid in order to get it started, but claimed

341
00:17:47.240 --> 00:17:49.680
<v Speaker 2>that when they fled the shop, they discovered that forest

342
00:17:49.759 --> 00:17:52.519
<v Speaker 2>well Born was no longer in the getaway car, so

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00:17:52.559 --> 00:17:55.240
<v Speaker 2>they climbed into the vehicle, drove after him and came

344
00:17:55.279 --> 00:17:58.119
<v Speaker 2>across Forrest walking down the street, and then picked him up.

345
00:17:58.559 --> 00:18:00.720
<v Speaker 2>And then they went to a bridge and toss the

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<v Speaker 2>three eighty pistol into Lake Austin, which is one of

347
00:18:03.559 --> 00:18:06.480
<v Speaker 2>the first strange details of the crime because they used

348
00:18:06.480 --> 00:18:08.920
<v Speaker 2>two murder weapons. Yet why would they throw one of

349
00:18:08.960 --> 00:18:10.680
<v Speaker 2>them into the lake and then hold on to the

350
00:18:10.720 --> 00:18:14.319
<v Speaker 2>other one. I can see how like a jury, if

351
00:18:14.359 --> 00:18:17.720
<v Speaker 2>they were going to listen to this, that they would think, Wow,

352
00:18:17.799 --> 00:18:21.680
<v Speaker 2>this is highly specific. These guys have a lot of details.

353
00:18:22.000 --> 00:18:25.400
<v Speaker 2>How would they have these details unless they themselves committed

354
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<v Speaker 2>the murders. Because I don't think that most juries in

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<v Speaker 2>the nineteen nineties, especially ninety one, are going to look

356
00:18:31.240 --> 00:18:34.160
<v Speaker 2>at it and think, oh, maybe the police fed them

357
00:18:34.160 --> 00:18:38.000
<v Speaker 2>these details. Maybe this is BS. I would think that

358
00:18:38.559 --> 00:18:40.920
<v Speaker 2>there was much more of a trust for law enforcement

359
00:18:41.440 --> 00:18:45.240
<v Speaker 2>and the methods by which they would extract confessions. They

360
00:18:45.240 --> 00:18:48.200
<v Speaker 2>would think these people are on trial, there's a reason

361
00:18:48.319 --> 00:18:51.720
<v Speaker 2>for it. They're likely guilty. And if they're confessing and

362
00:18:51.799 --> 00:18:54.000
<v Speaker 2>they're saying these things. If you go back to the

363
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<v Speaker 2>nineteen nineties and what people's knowledge of false confessions was

364
00:18:57.799 --> 00:19:01.720
<v Speaker 2>and the idea around law enforcement and extracting false confessions.

365
00:19:02.039 --> 00:19:04.519
<v Speaker 2>I would think it would be much more centered around

366
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<v Speaker 2>you're going to trust the police, these guys have too

367
00:19:07.279 --> 00:19:11.039
<v Speaker 2>many details, they're probably guilty, or why would the prosecutor

368
00:19:11.079 --> 00:19:11.799
<v Speaker 2>bring charges?

369
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<v Speaker 1>And that's pretty much the mentality, because they would be

370
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<v Speaker 1>charged without any other evidence besides these confessions. And sure enough,

371
00:19:20.319 --> 00:19:23.559
<v Speaker 1>after Robert and Michael confessed, they charged both of them,

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00:19:23.599 --> 00:19:26.680
<v Speaker 1>as well as Maurice Pierce and Forrest Wellborn for the

373
00:19:26.799 --> 00:19:28.880
<v Speaker 1>Roles and the yogurt chop murders. But there was a

374
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<v Speaker 1>big problem because even though Maurice and Forrest were extensively interrogated,

375
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<v Speaker 1>they maintained their innocence from the outset and never did confess.

376
00:19:37.079 --> 00:19:40.680
<v Speaker 1>And of course, shortly thereafter, Robert and Michael both recanted

377
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<v Speaker 1>their confessions, saying that they were under such pressure and

378
00:19:44.440 --> 00:19:47.400
<v Speaker 1>were being manipulated that they finally told the police what

379
00:19:47.440 --> 00:19:50.359
<v Speaker 1>they wanted to hear. So essentially, you're trying to put

380
00:19:50.400 --> 00:19:53.400
<v Speaker 1>four guys on trial for the same crime on the

381
00:19:53.400 --> 00:19:56.160
<v Speaker 1>basis of nothing more than two confessions that were only

382
00:19:56.160 --> 00:19:59.000
<v Speaker 1>made by half of them. So the big problem here

383
00:19:59.200 --> 00:20:02.039
<v Speaker 1>was forres wellb Born is figuring out how to charge

384
00:20:02.079 --> 00:20:04.960
<v Speaker 1>him because in both the confessions they say that he

385
00:20:05.000 --> 00:20:08.279
<v Speaker 1>did not directly participate in the murder. They just said

386
00:20:08.279 --> 00:20:10.000
<v Speaker 1>that he was in the getaway car, he tried to

387
00:20:10.079 --> 00:20:13.000
<v Speaker 1>run away. And with these confessions they couldn't even prove

388
00:20:13.160 --> 00:20:15.920
<v Speaker 1>that Forrest knew that any murders were going to take place,

389
00:20:16.000 --> 00:20:19.039
<v Speaker 1>So what exactly could they put him on trial with.

390
00:20:19.119 --> 00:20:22.279
<v Speaker 1>There was really no evidence that had he even done anything wrong.

391
00:20:22.960 --> 00:20:25.880
<v Speaker 1>So at one point he was approached by prosecutors and

392
00:20:25.960 --> 00:20:28.480
<v Speaker 1>was given an offer to testify against his three co

393
00:20:28.640 --> 00:20:32.240
<v Speaker 1>defendants in exchange for immunity. And this isn't a reduced

394
00:20:32.240 --> 00:20:35.000
<v Speaker 1>sentence for a quadruple murder. This is immunity, which meant

395
00:20:35.039 --> 00:20:38.519
<v Speaker 1>no jail time whatsoever. And he pretty much said, no,

396
00:20:38.759 --> 00:20:40.680
<v Speaker 1>I was not involved in this, I didn't do it.

397
00:20:40.720 --> 00:20:42.880
<v Speaker 1>I'm not going to testify, even though it meant he

398
00:20:42.960 --> 00:20:44.480
<v Speaker 1>could have walked right then and there.

399
00:20:45.599 --> 00:20:50.319
<v Speaker 2>Wow, Forrest, that's impressive because he looked at the picture

400
00:20:50.359 --> 00:20:54.160
<v Speaker 2>holistically and it wasn't just hey, I want I'm out

401
00:20:54.160 --> 00:20:56.680
<v Speaker 2>here for my own self preservation. He wasn't going to

402
00:20:56.720 --> 00:20:58.519
<v Speaker 2>throw the other guys under the bus. Because he knew

403
00:20:58.559 --> 00:21:01.440
<v Speaker 2>the entire story was bs and he wasn't involved, and

404
00:21:01.519 --> 00:21:04.039
<v Speaker 2>so it's very likely that they weren't involved, and then

405
00:21:04.119 --> 00:21:06.920
<v Speaker 2>none of this was true. But he very easily could

406
00:21:06.920 --> 00:21:10.000
<v Speaker 2>have just been like, screw you guys. You implicated me.

407
00:21:10.480 --> 00:21:13.160
<v Speaker 2>I never confess I'm in this position because of you.

408
00:21:13.720 --> 00:21:16.640
<v Speaker 2>I'm going to testify against you and ensure that I

409
00:21:16.720 --> 00:21:19.200
<v Speaker 2>never go to prison because of this. But he didn't

410
00:21:19.240 --> 00:21:21.599
<v Speaker 2>do that, So that's pretty admirable.

411
00:21:21.920 --> 00:21:24.680
<v Speaker 1>Pretty much. Yeah, and he wasn't even accused of being

412
00:21:24.720 --> 00:21:27.119
<v Speaker 1>the murder. They just said he waited in the getaway car,

413
00:21:27.160 --> 00:21:29.440
<v Speaker 1>but he wouldn't even admit to that. He just said

414
00:21:29.599 --> 00:21:32.319
<v Speaker 1>I wasn't there, And he had a really low IQ.

415
00:21:32.519 --> 00:21:35.359
<v Speaker 1>And even though people like that are generally coerced into

416
00:21:35.440 --> 00:21:38.880
<v Speaker 1>making false confessions, he did the exact opposite. Where he

417
00:21:38.960 --> 00:21:41.559
<v Speaker 1>seemed like a guy who was incapable of lying. He

418
00:21:41.680 --> 00:21:45.480
<v Speaker 1>just seemed very earnest and genuine. And I mentioned earlier

419
00:21:45.519 --> 00:21:47.759
<v Speaker 1>that forty eight Hours did a lot of coverage in

420
00:21:47.759 --> 00:21:50.279
<v Speaker 1>this case over the years, and that Aaron Moriarty was

421
00:21:50.319 --> 00:21:53.680
<v Speaker 1>the primary reporter, and she said her big turning point

422
00:21:53.680 --> 00:21:56.000
<v Speaker 1>in the case is when she went to interview Forrest

423
00:21:56.039 --> 00:21:59.319
<v Speaker 1>Welborn in jail, and she'd heard these guys a confess,

424
00:21:59.319 --> 00:22:01.559
<v Speaker 1>so of course going in under the assumption that they're

425
00:22:01.559 --> 00:22:05.160
<v Speaker 1>probably guilty. But she said, when I interviewed Forrest Welborn,

426
00:22:05.200 --> 00:22:07.920
<v Speaker 1>he was so earnest and so direct and so genuine

427
00:22:07.960 --> 00:22:10.039
<v Speaker 1>that I thought he was credible and that he was

428
00:22:10.119 --> 00:22:12.799
<v Speaker 1>absolutely telling the truth when he said he didn't do this.

429
00:22:13.559 --> 00:22:15.839
<v Speaker 1>And they couldn't even get an indictment on him, like

430
00:22:15.880 --> 00:22:18.720
<v Speaker 1>they were able to get murder indictments for Robert, Michael

431
00:22:18.759 --> 00:22:21.880
<v Speaker 1>and Maurice, But because Forrest, they said, had just waited

432
00:22:21.920 --> 00:22:24.160
<v Speaker 1>in the car, they tried in front of two grand

433
00:22:24.200 --> 00:22:26.559
<v Speaker 1>juries and they couldn't get any indictments on him for

434
00:22:26.640 --> 00:22:29.559
<v Speaker 1>any crime. So they finally had no choice but to

435
00:22:29.599 --> 00:22:32.039
<v Speaker 1>release him. So he never did go on trial.

436
00:22:32.680 --> 00:22:36.640
<v Speaker 2>Well, the involvement, even the other guys implicated him, was minimal,

437
00:22:36.720 --> 00:22:39.119
<v Speaker 2>I mean, if he was the getaway driver. But correct

438
00:22:39.160 --> 00:22:42.079
<v Speaker 2>me if I'm wrong. In certain states, if a murder

439
00:22:42.119 --> 00:22:45.920
<v Speaker 2>is committed and somebody is the getaway driver, any person

440
00:22:45.960 --> 00:22:48.440
<v Speaker 2>who's involved in the commission of that crime in any

441
00:22:48.480 --> 00:22:51.519
<v Speaker 2>capacity can be charged with murder. Is that correct?

442
00:22:52.000 --> 00:22:53.920
<v Speaker 1>I think it depends on state to state, Like I

443
00:22:54.000 --> 00:22:57.240
<v Speaker 1>have seen cases. Yeah, yeah, I know. There's one a

444
00:22:57.279 --> 00:22:59.720
<v Speaker 1>famous case in Florida where a guy just lent his

445
00:22:59.759 --> 00:23:01.880
<v Speaker 1>car to someone who went to commit a murder, and

446
00:23:01.960 --> 00:23:04.839
<v Speaker 1>he got charged with a felony murder even though he

447
00:23:04.960 --> 00:23:07.880
<v Speaker 1>wasn't even there, So that can't happen. So, I mean,

448
00:23:07.920 --> 00:23:10.279
<v Speaker 1>they could have charged Forrest with something even if it

449
00:23:10.319 --> 00:23:12.240
<v Speaker 1>was not direct murder, but they just felt that the

450
00:23:12.279 --> 00:23:15.960
<v Speaker 1>evidence was so weak because, unlike his alleged co conspirators,

451
00:23:16.000 --> 00:23:18.720
<v Speaker 1>he never confessed, so what evidence was there to place

452
00:23:18.759 --> 00:23:19.640
<v Speaker 1>him near the scene.

453
00:23:19.920 --> 00:23:22.839
<v Speaker 2>Did you ever watch that documentary? It's really old. It

454
00:23:22.880 --> 00:23:25.599
<v Speaker 2>was Werner Hertzogs into the Abyss.

455
00:23:26.000 --> 00:23:27.680
<v Speaker 1>Yes they did, yeah, yeah.

456
00:23:27.720 --> 00:23:29.640
<v Speaker 2>One of the guys on that I can't remember his name,

457
00:23:29.680 --> 00:23:31.759
<v Speaker 2>it was so long ago that I watched it. But

458
00:23:32.000 --> 00:23:35.680
<v Speaker 2>he was a getaway driver, I believe, and they had

459
00:23:35.720 --> 00:23:39.519
<v Speaker 2>held up two of his cohorts or whatever it held

460
00:23:39.559 --> 00:23:42.960
<v Speaker 2>that convenience store or something, and the clerk was killed

461
00:23:43.039 --> 00:23:46.599
<v Speaker 2>during the commission of that robbery. And he was convicted

462
00:23:46.640 --> 00:23:49.640
<v Speaker 2>of the murder as well because he was involved with

463
00:23:49.799 --> 00:23:54.359
<v Speaker 2>that crime, even though he didn't kill anybody. And so yeah,

464
00:23:54.400 --> 00:23:57.480
<v Speaker 2>he was on death row. And that's what I thought

465
00:23:57.880 --> 00:24:00.799
<v Speaker 2>when I thought of Forrest was, they could have likely

466
00:24:00.960 --> 00:24:03.240
<v Speaker 2>charged him with something. But if you can't get an indictment,

467
00:24:03.279 --> 00:24:06.279
<v Speaker 2>if a grand jury doesn't want to indict, then why

468
00:24:06.319 --> 00:24:09.480
<v Speaker 2>are you going to bother Because if you don't think

469
00:24:09.519 --> 00:24:12.400
<v Speaker 2>that you can get a conviction, the prosecutors probably aren't

470
00:24:12.400 --> 00:24:14.160
<v Speaker 2>going to bring it to trial. The other guys are

471
00:24:14.200 --> 00:24:15.799
<v Speaker 2>more of a slam dunk because they actually.

472
00:24:15.599 --> 00:24:19.119
<v Speaker 1>Confessed yes, and the way it works is that you

473
00:24:19.160 --> 00:24:23.440
<v Speaker 1>can't use their confessions against another defendant on trial unless

474
00:24:23.480 --> 00:24:26.880
<v Speaker 1>they testify, which Robert and Michael were not going to do.

475
00:24:27.519 --> 00:24:29.640
<v Speaker 1>But it was kind of sad because even though Forrest

476
00:24:29.720 --> 00:24:32.279
<v Speaker 1>was a free man again, everyone was just assuming that

477
00:24:32.319 --> 00:24:34.680
<v Speaker 1>he was involved in a murder. At that point, he

478
00:24:34.720 --> 00:24:37.240
<v Speaker 1>had started up an auto repair shop, but it wound

479
00:24:37.279 --> 00:24:40.079
<v Speaker 1>up going out of business because of that publicity. He

480
00:24:40.119 --> 00:24:42.640
<v Speaker 1>had a hard time finding employment after that, and he

481
00:24:42.680 --> 00:24:45.240
<v Speaker 1>pretty much faded into obscurity. Like he has led a

482
00:24:45.400 --> 00:24:47.880
<v Speaker 1>very private life the last twenty five years since he

483
00:24:48.000 --> 00:24:50.960
<v Speaker 1>was released. He has not done any interviews since that

484
00:24:51.039 --> 00:24:53.559
<v Speaker 1>forty eight Hours interview with Aaron Moriarty. He did not

485
00:24:54.039 --> 00:24:57.599
<v Speaker 1>participate in the documentary, so he pretty much just decided

486
00:24:57.599 --> 00:24:59.599
<v Speaker 1>to get out of the public spotlight. I hear he's

487
00:24:59.599 --> 00:25:02.400
<v Speaker 1>doing well today, But he's just someone who thought just

488
00:25:02.440 --> 00:25:05.559
<v Speaker 1>as one accusation completely ruined my life, so he tried

489
00:25:05.599 --> 00:25:08.519
<v Speaker 1>to distance himself from it as much as possible, even

490
00:25:08.519 --> 00:25:10.599
<v Speaker 1>though he never even did any they wrong. He didn't

491
00:25:10.599 --> 00:25:11.480
<v Speaker 1>even confess.

492
00:25:12.000 --> 00:25:14.240
<v Speaker 2>My heart goes out to Forest because I feel like

493
00:25:14.279 --> 00:25:18.319
<v Speaker 2>they really tried to railroad him, and unfortunately, his friends

494
00:25:18.440 --> 00:25:22.839
<v Speaker 2>were easily influenced and implicated him. Luckily they implicated him

495
00:25:23.000 --> 00:25:26.240
<v Speaker 2>in a capacity. It wasn't like directly involved in the murder.

496
00:25:26.799 --> 00:25:31.480
<v Speaker 2>But even though no charges robotic gainst him and that

497
00:25:31.599 --> 00:25:34.160
<v Speaker 2>he didn't spend his life behind bars, the fact that

498
00:25:34.200 --> 00:25:38.440
<v Speaker 2>it continued to reverberate outwards and it affected him in

499
00:25:38.559 --> 00:25:40.920
<v Speaker 2>I'm sure a myriad of ways, right. I'm sure it

500
00:25:40.920 --> 00:25:44.839
<v Speaker 2>affected his personal relationships. We know that it affected his

501
00:25:44.920 --> 00:25:46.960
<v Speaker 2>income and his ability to get a job and to

502
00:25:47.000 --> 00:25:50.839
<v Speaker 2>be successful in business, and then, like you said, he

503
00:25:50.920 --> 00:25:54.799
<v Speaker 2>just faded into obscurity. So I really hope that everything

504
00:25:54.839 --> 00:25:57.279
<v Speaker 2>went well for Forest, because I think that he's such

505
00:25:57.359 --> 00:26:00.519
<v Speaker 2>a victim in this story and he truly did deserve

506
00:26:00.559 --> 00:26:01.839
<v Speaker 2>what happened to him.

507
00:26:02.160 --> 00:26:05.240
<v Speaker 1>Oh definitely, yeah, And we'll talk more about this later.

508
00:26:05.279 --> 00:26:07.400
<v Speaker 1>But now that this case has been resolved. I'm really

509
00:26:07.440 --> 00:26:09.920
<v Speaker 1>curious to see if any of these defendants are going

510
00:26:09.960 --> 00:26:13.799
<v Speaker 1>to try to get a wrongful conviction lawsuit filed and

511
00:26:13.839 --> 00:26:16.720
<v Speaker 1>finally get damages after all these years for being falsely

512
00:26:16.759 --> 00:26:20.400
<v Speaker 1>accused of this crime. So before the trials even started,

513
00:26:20.440 --> 00:26:23.720
<v Speaker 1>morehole started opening up and the cases against these guys.

514
00:26:23.799 --> 00:26:27.920
<v Speaker 1>Because they tried showing the photographs of Mike, Maurice and

515
00:26:28.039 --> 00:26:30.839
<v Speaker 1>Robert to some of the other customers who had gone

516
00:26:30.920 --> 00:26:33.319
<v Speaker 1>into the yogurt shop that night, and none of them

517
00:26:33.319 --> 00:26:36.519
<v Speaker 1>picked them out. And the two most important witnesses were

518
00:26:36.559 --> 00:26:40.119
<v Speaker 1>Tim Striker and Margaret Sheen, but when they were shown photographs,

519
00:26:40.160 --> 00:26:43.319
<v Speaker 1>they were unable to identify any of these suspects as

520
00:26:43.319 --> 00:26:45.960
<v Speaker 1>the two men they had seen sitting at the table

521
00:26:46.079 --> 00:26:49.000
<v Speaker 1>right before closing. And when you think about it, the

522
00:26:49.000 --> 00:26:52.799
<v Speaker 1>confession kind of contradicted the story provided by Striker and

523
00:26:52.839 --> 00:26:55.119
<v Speaker 1>she And because they said that they saw these two

524
00:26:55.200 --> 00:26:58.279
<v Speaker 1>guys sitting in the store shortly before closing. Yet in

525
00:26:58.319 --> 00:27:01.519
<v Speaker 1>the confession, Mike and said that we got in through

526
00:27:01.559 --> 00:27:04.319
<v Speaker 1>the back door after the store was already closed. So

527
00:27:04.880 --> 00:27:08.319
<v Speaker 1>you have these two promising suspects, these two unidentified men

528
00:27:08.359 --> 00:27:11.000
<v Speaker 1>sitting at the table yet it seems pretty certain that

529
00:27:11.400 --> 00:27:13.839
<v Speaker 1>this was not Michael, this was not Robert, this was

530
00:27:13.880 --> 00:27:17.559
<v Speaker 1>not Maurice and lo and behold. When the trials started,

531
00:27:17.599 --> 00:27:20.319
<v Speaker 1>Tim Striker and Margaret Sheen were never called upon to

532
00:27:20.359 --> 00:27:23.880
<v Speaker 1>testify or tell the jury about their account because the

533
00:27:23.920 --> 00:27:28.119
<v Speaker 1>prosecution pretty much feared this has gone to contradict the confessions,

534
00:27:28.440 --> 00:27:30.240
<v Speaker 1>so we don't want to put these two on the stand.

535
00:27:31.720 --> 00:27:34.160
<v Speaker 2>Well, that makes total sense, But you got to wonder

536
00:27:34.559 --> 00:27:38.440
<v Speaker 2>did the defense have the information about Striker and Chienne.

537
00:27:39.200 --> 00:27:41.079
<v Speaker 1>Ah, they did, yes, Like, guys, we're going to find

538
00:27:41.079 --> 00:27:43.400
<v Speaker 1>out Oh, oh no, wait, maybe that he didn't. No,

539
00:27:43.440 --> 00:27:45.720
<v Speaker 1>I don't think they knew about it. The prosecution did

540
00:27:46.000 --> 00:27:47.920
<v Speaker 1>have the information, but the defense didn't.

541
00:27:48.480 --> 00:27:50.119
<v Speaker 2>Yeah, That's what I was wondering. Is this like a

542
00:27:50.160 --> 00:27:52.559
<v Speaker 2>Brady violation where you're going to hold something like that

543
00:27:52.640 --> 00:27:55.839
<v Speaker 2>back because it certainly isn't going to benefit you as

544
00:27:56.079 --> 00:27:59.480
<v Speaker 2>like being the prosecutor in that situation. So it's like,

545
00:27:59.759 --> 00:28:01.160
<v Speaker 2>m were not going to put them on this down

546
00:28:01.240 --> 00:28:04.319
<v Speaker 2>because it's not going to support our narrative. And why

547
00:28:04.359 --> 00:28:08.039
<v Speaker 2>would we release the information to the defense because that's

548
00:28:08.039 --> 00:28:09.079
<v Speaker 2>only going to help their.

549
00:28:09.000 --> 00:28:12.240
<v Speaker 1>Case pretty much. And I've got another Brady violation to

550
00:28:12.279 --> 00:28:15.359
<v Speaker 1>share with you. You might recall that when they confiscated the

551
00:28:15.440 --> 00:28:18.720
<v Speaker 1>twenty two caliber pistol from Maurice back in nineteen ninety one,

552
00:28:19.160 --> 00:28:22.000
<v Speaker 1>they did ballistic tests and compared it with the bullets

553
00:28:22.039 --> 00:28:26.400
<v Speaker 1>from the murderers, but the results were inconclusive. So after

554
00:28:26.440 --> 00:28:29.000
<v Speaker 1>they were arrested in May of two thousand, they decided

555
00:28:29.039 --> 00:28:32.000
<v Speaker 1>to have the Bureau of Alcohol to back when firearms

556
00:28:32.039 --> 00:28:36.160
<v Speaker 1>perform more advanced ballistics testing, and they ultimately issued report

557
00:28:36.200 --> 00:28:39.920
<v Speaker 1>which showed that the results conclusively determined that Maurice's gun

558
00:28:40.279 --> 00:28:42.920
<v Speaker 1>did not match the bullets and was not the murder weapon,

559
00:28:43.000 --> 00:28:45.599
<v Speaker 1>which is all well and good, but it turned out

560
00:28:45.680 --> 00:28:48.759
<v Speaker 1>that over a year later, in January of nineteen ninety nine,

561
00:28:49.000 --> 00:28:52.839
<v Speaker 1>nearly nine months before the suspects were arrested, the Austin

562
00:28:52.880 --> 00:28:56.240
<v Speaker 1>Pede had already performed their own ballistics tests on the gun,

563
00:28:56.359 --> 00:28:59.079
<v Speaker 1>and once again the results showed that it did not

564
00:28:59.240 --> 00:29:02.200
<v Speaker 1>match the bullets and was not the murder weapon. Yet

565
00:29:02.279 --> 00:29:05.559
<v Speaker 1>they still decided to bring in Michael, Robert and Maurice

566
00:29:05.559 --> 00:29:09.720
<v Speaker 1>for interrogation and hand the indictments down. And it turned

567
00:29:09.720 --> 00:29:12.640
<v Speaker 1>out that this information about the ballistics tests from January

568
00:29:12.680 --> 00:29:15.720
<v Speaker 1>of nineteen ninety nine were not presented to the grand jury,

569
00:29:15.880 --> 00:29:18.680
<v Speaker 1>which might have influenced their decision not to hand down

570
00:29:18.720 --> 00:29:22.279
<v Speaker 1>the indictments. And when the question the lead detected Paul Johnson,

571
00:29:22.359 --> 00:29:25.440
<v Speaker 1>he said, Oh, it was an unintentional oversight. I simply

572
00:29:25.480 --> 00:29:27.799
<v Speaker 1>forgot the original ballistics tests.

573
00:29:28.680 --> 00:29:32.680
<v Speaker 2>Sure, Paul, Sure. I think we see Brady violations so

574
00:29:32.880 --> 00:29:36.839
<v Speaker 2>often because I think prosecutors will do it more often

575
00:29:36.880 --> 00:29:40.279
<v Speaker 2>than we hear about because half the time we wouldn't

576
00:29:40.319 --> 00:29:42.519
<v Speaker 2>find out about it because they don't know about it.

577
00:29:42.599 --> 00:29:45.480
<v Speaker 2>So unless they discover the information on the defense side,

578
00:29:45.599 --> 00:29:47.720
<v Speaker 2>then they're not going to know that there's a Brady violation.

579
00:29:47.880 --> 00:29:50.599
<v Speaker 2>So I think most of the time it goes unnoticed,

580
00:29:51.119 --> 00:29:54.200
<v Speaker 2>or they'll release it within like a huge data dump

581
00:29:54.200 --> 00:29:56.519
<v Speaker 2>of like a ton of different documents and hope that

582
00:29:56.559 --> 00:29:59.440
<v Speaker 2>it's hidden and then that way the defense has to

583
00:29:59.480 --> 00:30:02.640
<v Speaker 2>go through thousands of pages and they'll bury it somewhere

584
00:30:02.680 --> 00:30:05.880
<v Speaker 2>in there, but just to hold that information back because

585
00:30:05.880 --> 00:30:08.640
<v Speaker 2>it doesn't serve their narrative. Like, I'm not surprised, but

586
00:30:09.200 --> 00:30:11.359
<v Speaker 2>it's one of those things that you'd think there should

587
00:30:11.400 --> 00:30:14.079
<v Speaker 2>be more of a penalty for prosecutors when they do that,

588
00:30:14.160 --> 00:30:16.000
<v Speaker 2>but they seem to get a just a slap on

589
00:30:16.039 --> 00:30:17.440
<v Speaker 2>the wrist pretty much.

590
00:30:17.559 --> 00:30:19.720
<v Speaker 1>Yeah, Like to this day, no one has ever gotten

591
00:30:19.759 --> 00:30:22.119
<v Speaker 1>any blowback for some of the unethical things that were

592
00:30:22.160 --> 00:30:24.119
<v Speaker 1>done in this case. They pretty much got away with it,

593
00:30:24.160 --> 00:30:26.640
<v Speaker 1>and they use the oh I forgot defense. It seems

594
00:30:26.720 --> 00:30:30.240
<v Speaker 1>quite a lot. And here's another sneaky tactic. When Robert

595
00:30:30.279 --> 00:30:32.920
<v Speaker 1>and Michael were put on trial, an intentional choice was

596
00:30:32.920 --> 00:30:35.759
<v Speaker 1>made to only charge them with the murder of Amy Airs,

597
00:30:36.200 --> 00:30:38.519
<v Speaker 1>which meant that if they were acquitted, that means they

598
00:30:38.519 --> 00:30:40.799
<v Speaker 1>could charge them with the murders of the other three

599
00:30:40.839 --> 00:30:43.079
<v Speaker 1>girls if need be. It's kind of like the Darley

600
00:30:43.160 --> 00:30:46.039
<v Speaker 1>Routier case where they only charged her with the murder

601
00:30:46.079 --> 00:30:48.000
<v Speaker 1>of one of her sons in case she was acquitted,

602
00:30:48.039 --> 00:30:49.880
<v Speaker 1>because then they could put her on trial for the

603
00:30:49.920 --> 00:30:52.519
<v Speaker 1>murder of her second son. And while I believe Darley

604
00:30:52.599 --> 00:30:55.599
<v Speaker 1>Routier is guilty, I still think that's a very sneaky

605
00:30:55.640 --> 00:30:58.200
<v Speaker 1>tactic which seems to happen a lot in Texas, and

606
00:30:58.519 --> 00:30:59.880
<v Speaker 1>that certainly holds true here.

607
00:31:00.799 --> 00:31:03.279
<v Speaker 2>Yeah, I used to think that there was a possibility

608
00:31:03.319 --> 00:31:06.359
<v Speaker 2>that Darley was innocent. I talked to Maggie Freeling about

609
00:31:06.400 --> 00:31:09.559
<v Speaker 2>that case, and she believed in Darley's innocence. But the

610
00:31:09.599 --> 00:31:12.200
<v Speaker 2>more that I've read on it and the more looked

611
00:31:12.200 --> 00:31:14.039
<v Speaker 2>into it, my gut has told me that like she

612
00:31:14.200 --> 00:31:16.960
<v Speaker 2>did it. There's just not enough evidence to support this

613
00:31:17.039 --> 00:31:20.880
<v Speaker 2>intruder theory and the motivation is so unclear. But yeah,

614
00:31:21.519 --> 00:31:24.519
<v Speaker 2>it totally made sense in that case. If you're looking

615
00:31:24.559 --> 00:31:28.480
<v Speaker 2>at somebody who potentially murdered their children, you want to

616
00:31:28.519 --> 00:31:31.079
<v Speaker 2>hedge your bets and you want to make sure that

617
00:31:31.279 --> 00:31:33.720
<v Speaker 2>if you believe that this woman is guilty, or in

618
00:31:33.720 --> 00:31:36.880
<v Speaker 2>this case, if you believe that these guys are guilty

619
00:31:36.880 --> 00:31:39.960
<v Speaker 2>of killing these four girls, then you want to make

620
00:31:40.000 --> 00:31:42.799
<v Speaker 2>sure that they're going to pay. And so to lump

621
00:31:42.839 --> 00:31:45.880
<v Speaker 2>them all together into one that would be a really

622
00:31:46.039 --> 00:31:50.240
<v Speaker 2>risky move. That's a gamble. And so I can understand

623
00:31:50.240 --> 00:31:51.440
<v Speaker 2>their strategy.

624
00:31:50.920 --> 00:31:53.519
<v Speaker 1>There, Yeah, because I guess they did have a lot

625
00:31:53.559 --> 00:31:55.839
<v Speaker 1>of confidence in their cases and we're thinking, well, all

626
00:31:55.880 --> 00:31:58.000
<v Speaker 1>we have is a confession here, but if we get

627
00:31:58.039 --> 00:32:00.240
<v Speaker 1>it wrong this time, we have three more chance is

628
00:32:00.559 --> 00:32:01.519
<v Speaker 1>to put them in prison.

629
00:32:02.240 --> 00:32:04.359
<v Speaker 2>This way, you're going to get four bites at the apple,

630
00:32:04.440 --> 00:32:04.839
<v Speaker 2>not one.

631
00:32:05.279 --> 00:32:08.920
<v Speaker 1>Yeah, exactly. So. Robert Springsteen's trial began in May of

632
00:32:09.000 --> 00:32:11.400
<v Speaker 1>two thousand and one, and he was informed that he

633
00:32:11.440 --> 00:32:13.920
<v Speaker 1>would face the death penalty if he was found guilty,

634
00:32:14.440 --> 00:32:16.720
<v Speaker 1>but he was offered a plea deal in which the

635
00:32:16.759 --> 00:32:19.400
<v Speaker 1>death penalty would be taken off the table if he

636
00:32:19.440 --> 00:32:23.039
<v Speaker 1>would testify against his co conspirators and he could receive

637
00:32:23.039 --> 00:32:25.440
<v Speaker 1>a sense of no more than fourteen years in prison.

638
00:32:25.559 --> 00:32:28.200
<v Speaker 1>But of course rob said, no, I'm not taking it

639
00:32:28.240 --> 00:32:30.200
<v Speaker 1>because I didn't do it, so I'm going to take

640
00:32:30.240 --> 00:32:33.200
<v Speaker 1>my chances at trial. So it was an awkward thing

641
00:32:33.279 --> 00:32:36.960
<v Speaker 1>because Mike also turned down the same deal. He refused

642
00:32:36.960 --> 00:32:39.680
<v Speaker 1>to testify against Robert at the trial, but they were

643
00:32:39.720 --> 00:32:44.400
<v Speaker 1>able to read excerpts from Michael's confession which implicated Roberts,

644
00:32:44.400 --> 00:32:46.119
<v Speaker 1>and it was kind of a thing where the only

645
00:32:46.160 --> 00:32:49.839
<v Speaker 1>real evidence they have is snippets of a co conspirator's

646
00:32:49.880 --> 00:32:52.039
<v Speaker 1>confession that they could read to the jury, but the

647
00:32:52.039 --> 00:32:56.599
<v Speaker 1>co conspirator himself is not testifying. And there was more

648
00:32:56.640 --> 00:33:02.640
<v Speaker 1>controversy because, as I mentioned earlier, when the original arson investigator,

649
00:33:02.680 --> 00:33:05.720
<v Speaker 1>Melvin Stall, looked at the scene, he pretty much said

650
00:33:05.759 --> 00:33:08.759
<v Speaker 1>that he thought that the metal shelves had been set

651
00:33:08.799 --> 00:33:11.440
<v Speaker 1>on fire in the back room, and that they'd set

652
00:33:11.440 --> 00:33:14.680
<v Speaker 1>fire to the combustible materials such as the cyrofoam cups.

653
00:33:15.240 --> 00:33:18.440
<v Speaker 1>But the problem is that when Robert and Michael testified,

654
00:33:18.480 --> 00:33:21.000
<v Speaker 1>they said that they had used an accelerant like lighter

655
00:33:21.039 --> 00:33:24.000
<v Speaker 1>fluid to start the fire, which was a big contradiction.

656
00:33:24.720 --> 00:33:29.119
<v Speaker 1>So they state got another arson investigator named Marshall Lyttleton,

657
00:33:29.240 --> 00:33:32.079
<v Speaker 1>who once worked with the ATF as an explosives and

658
00:33:32.160 --> 00:33:35.559
<v Speaker 1>fire investigator, and he expressed his belief that the fire

659
00:33:35.599 --> 00:33:38.319
<v Speaker 1>had originated from the center of the room and that

660
00:33:38.400 --> 00:33:42.799
<v Speaker 1>the defendants had used some accelerants and placed some flammable

661
00:33:42.839 --> 00:33:45.599
<v Speaker 1>items on top of the victim's bodies and that's how

662
00:33:45.640 --> 00:33:48.480
<v Speaker 1>they started the fire. So of course the defense wanted

663
00:33:48.480 --> 00:33:52.200
<v Speaker 1>to bring in the original arson investigator, Melvin Stall, provide

664
00:33:52.200 --> 00:33:54.839
<v Speaker 1>his theory of events, saying that, oh, well, if they

665
00:33:54.880 --> 00:33:57.640
<v Speaker 1>started the fire on the shelf with the combustible materials,

666
00:33:57.680 --> 00:34:01.119
<v Speaker 1>that totally contradicts the confession. But when Melvin Stall took

667
00:34:01.119 --> 00:34:03.640
<v Speaker 1>the witness Dan, he said, yeah, I looked up Marshall

668
00:34:03.680 --> 00:34:06.880
<v Speaker 1>Littleton's report and I'm now convinced that they used an accelerant,

669
00:34:07.000 --> 00:34:10.079
<v Speaker 1>So I changed my mind from my original ruling, which

670
00:34:10.119 --> 00:34:11.719
<v Speaker 1>was a major blow for the defense.

671
00:34:12.199 --> 00:34:14.679
<v Speaker 2>Oh well, that's really convenient, isn't it.

672
00:34:15.440 --> 00:34:19.159
<v Speaker 1>Yeah, exactly, they did try to point towards another suspect

673
00:34:19.239 --> 00:34:21.360
<v Speaker 1>you may have heard of, Kenneth McDuff, who was a

674
00:34:21.400 --> 00:34:24.719
<v Speaker 1>notorious serial killer who operated in Texas. It turned out

675
00:34:24.719 --> 00:34:27.639
<v Speaker 1>that on December twenty ninth, nineteen ninety one, just over

676
00:34:27.719 --> 00:34:31.000
<v Speaker 1>three weeks after the Yogret Shop murders took place, another

677
00:34:31.079 --> 00:34:33.800
<v Speaker 1>horrible crime took place in Austin when a twenty eight

678
00:34:33.880 --> 00:34:37.639
<v Speaker 1>year old woman named Colleen Reid was violently abducted from

679
00:34:37.679 --> 00:34:40.559
<v Speaker 1>a car wash not too far from the yogre shop

680
00:34:40.599 --> 00:34:43.800
<v Speaker 1>and she wound up being raped, tortured, and murdered, and

681
00:34:43.880 --> 00:34:47.679
<v Speaker 1>the perpetrators were identified as Kenneth McDuff and an accomplice

682
00:34:47.719 --> 00:34:51.840
<v Speaker 1>named al but Hank Whorley. So Kenneth McDuff. By this

683
00:34:51.920 --> 00:34:54.880
<v Speaker 1>point he had already served time in prison, but got

684
00:34:54.920 --> 00:34:58.159
<v Speaker 1>released in nineteen eighty nine because of overcrowding, even though

685
00:34:58.159 --> 00:35:00.320
<v Speaker 1>he had committed three murders and he was a free

686
00:35:00.360 --> 00:35:03.119
<v Speaker 1>man in nineteen ninety one when the Yogret Shop murders

687
00:35:03.119 --> 00:35:05.239
<v Speaker 1>took place, and he was even though he lived in

688
00:35:05.320 --> 00:35:08.239
<v Speaker 1>Waco at the time. He would reportedly make trips to

689
00:35:08.280 --> 00:35:11.679
<v Speaker 1>Austin to score drugs. So the defense starts looking at

690
00:35:11.679 --> 00:35:14.880
<v Speaker 1>the possibility what if Kenneth McDuff and albahnk Warley were

691
00:35:14.880 --> 00:35:17.119
<v Speaker 1>the two men who were seen sitting at the table

692
00:35:17.159 --> 00:35:20.840
<v Speaker 1>before closing, But they didn't really match the descriptions because

693
00:35:20.840 --> 00:35:23.599
<v Speaker 1>they were described as being clean shaven men in their twenties,

694
00:35:23.679 --> 00:35:27.840
<v Speaker 1>whereas Kenneth McDuff was forty five and albahank Warley had

695
00:35:27.840 --> 00:35:30.760
<v Speaker 1>a long, bushy beard, so it was probably not them.

696
00:35:31.239 --> 00:35:37.039
<v Speaker 1>During Robert's trial, the Austin TV station KVUE News reported

697
00:35:37.079 --> 00:35:40.320
<v Speaker 1>that some anonymous sources had claimed that Kenneth McDuff had

698
00:35:40.360 --> 00:35:42.760
<v Speaker 1>confessed to the yogret shop murders on the day he

699
00:35:42.880 --> 00:35:46.880
<v Speaker 1>was executed in nineteen ninety eight, so they started looking

700
00:35:46.920 --> 00:35:50.519
<v Speaker 1>into that, but unfortunately they cannot find any corroborating evidence.

701
00:35:50.920 --> 00:35:54.239
<v Speaker 1>And apparently McDuff before he was executed, was asked about

702
00:35:54.280 --> 00:35:57.079
<v Speaker 1>yoga chop murders and actually said, no, I did not

703
00:35:57.199 --> 00:35:59.039
<v Speaker 1>do that crime, and I would have been proud of

704
00:35:59.079 --> 00:36:01.079
<v Speaker 1>it if I had done it, so which is a

705
00:36:01.159 --> 00:36:04.480
<v Speaker 1>very classy thing to say. So they didn't find enough

706
00:36:04.519 --> 00:36:07.119
<v Speaker 1>evidence that McDuff was the real killer, so they couldn't

707
00:36:07.119 --> 00:36:10.119
<v Speaker 1>introduce this evidence at trial. But for many years after that,

708
00:36:10.280 --> 00:36:13.639
<v Speaker 1>some people started wondering, could Kenneth McDuff have been the

709
00:36:13.639 --> 00:36:16.639
<v Speaker 1>real killer because this sort of crime faced his mo

710
00:36:16.920 --> 00:36:19.639
<v Speaker 1>because he had at least nine confirmed victims that we

711
00:36:19.719 --> 00:36:22.199
<v Speaker 1>know of, so killing four more would have been right

712
00:36:22.280 --> 00:36:22.840
<v Speaker 1>up his alley.

713
00:36:23.719 --> 00:36:26.440
<v Speaker 2>But it sounds like, just based on what he said,

714
00:36:26.519 --> 00:36:29.559
<v Speaker 2>that there's an amount of humorous involved in that he's

715
00:36:29.599 --> 00:36:32.000
<v Speaker 2>going out and maybe he would have liked to have

716
00:36:32.039 --> 00:36:34.239
<v Speaker 2>taken credit for it if he did indeed do it,

717
00:36:34.320 --> 00:36:37.239
<v Speaker 2>because he thought it to be impressive on some level,

718
00:36:37.320 --> 00:36:39.840
<v Speaker 2>because you know, when it comes to killers, they seem

719
00:36:39.920 --> 00:36:42.280
<v Speaker 2>to admire the work of each other. I mean, you

720
00:36:42.280 --> 00:36:44.639
<v Speaker 2>can look at it two ways. He could have denied

721
00:36:44.639 --> 00:36:47.360
<v Speaker 2>it if he was responsible, because he just wants to

722
00:36:47.480 --> 00:36:50.360
<v Speaker 2>f with everybody and while he goes and not give

723
00:36:50.400 --> 00:36:54.639
<v Speaker 2>them any breadcrumbs. Or he would own it and say yeah,

724
00:36:54.679 --> 00:36:57.079
<v Speaker 2>I did it. I don't know. I can see why

725
00:36:57.119 --> 00:37:00.199
<v Speaker 2>he was a really good suspect because obviously he had

726
00:37:00.199 --> 00:37:03.039
<v Speaker 2>that many confirmed kills. It isn't a far reach to

727
00:37:03.079 --> 00:37:04.800
<v Speaker 2>believe that he could be responsible.

728
00:37:05.760 --> 00:37:08.039
<v Speaker 1>Yes, and spoiler alert, we're going to reveal that a

729
00:37:08.079 --> 00:37:10.760
<v Speaker 1>serial killer was responsible for this crime, but it wasn't

730
00:37:10.880 --> 00:37:13.320
<v Speaker 1>Kenneth McDuff. But when I covered this on the trail

731
00:37:13.320 --> 00:37:15.920
<v Speaker 1>when cold two years ago, I thought that McDuff was

732
00:37:15.960 --> 00:37:20.599
<v Speaker 1>a fairly intriguing alternate suspect. So Rob's trial lasted three

733
00:37:20.639 --> 00:37:23.000
<v Speaker 1>weeks and when the case went to the jury, they

734
00:37:23.039 --> 00:37:26.039
<v Speaker 1>deliberated for thirteen hours and they found him guilty of

735
00:37:26.079 --> 00:37:28.840
<v Speaker 1>the murder of any Airs and he would be senced

736
00:37:28.880 --> 00:37:33.079
<v Speaker 1>to death by a lethal injection. So Michael Scott's trial

737
00:37:33.119 --> 00:37:35.360
<v Speaker 1>would begin over one year later in August of two

738
00:37:35.360 --> 00:37:38.039
<v Speaker 1>thousand and two. And while I can understand separating the

739
00:37:38.079 --> 00:37:41.400
<v Speaker 1>defendants and giving them separate trials, you just know that

740
00:37:41.800 --> 00:37:43.760
<v Speaker 1>there's going to be a lot of bias there because

741
00:37:43.800 --> 00:37:46.000
<v Speaker 1>no matter what the jury says, there's a good chance

742
00:37:46.039 --> 00:37:49.440
<v Speaker 1>they probably heard that another defendant has already been convicted

743
00:37:49.760 --> 00:37:52.360
<v Speaker 1>a co con spirit or of this same crime, and

744
00:37:52.440 --> 00:37:54.440
<v Speaker 1>I think there's going to be a lot of bias.

745
00:37:54.920 --> 00:37:58.199
<v Speaker 1>Once again, Robert refused to testify as a witness at

746
00:37:58.239 --> 00:38:01.280
<v Speaker 1>Michael's trial, so other really had was being able to

747
00:38:01.320 --> 00:38:05.119
<v Speaker 1>read some excerpts from Robert's confession without him actually going

748
00:38:05.119 --> 00:38:07.719
<v Speaker 1>on the witness stand to corroborate any of it. But

749
00:38:07.800 --> 00:38:09.719
<v Speaker 1>it still turned out to be enough to sway the jury.

750
00:38:09.760 --> 00:38:12.719
<v Speaker 1>They deliberated for two days and found him guilty of

751
00:38:12.719 --> 00:38:16.039
<v Speaker 1>Amy's murder. But since they cannot reach a unanimous verdict

752
00:38:16.079 --> 00:38:18.519
<v Speaker 1>that they're sensing, he did not receive the death penalty

753
00:38:18.559 --> 00:38:21.400
<v Speaker 1>and wound up receiving a sense of life imprisonment with

754
00:38:21.559 --> 00:38:24.559
<v Speaker 1>no possibility of parole for thirty five years. But here's

755
00:38:24.559 --> 00:38:27.559
<v Speaker 1>two separate trials to defendants where the only thing you

756
00:38:27.599 --> 00:38:29.800
<v Speaker 1>had of them was their own confession and alleged co

757
00:38:29.920 --> 00:38:33.599
<v Speaker 1>conspirators confession, and they were both found guilty, and.

758
00:38:33.639 --> 00:38:37.559
<v Speaker 2>They'd both recanted their confessions by that point, correct, they did, Yes,

759
00:38:38.280 --> 00:38:42.960
<v Speaker 2>So all you have is these initial confessions. But you also,

760
00:38:43.320 --> 00:38:46.159
<v Speaker 2>I don't know if the defense knew this had confessions

761
00:38:46.199 --> 00:38:50.719
<v Speaker 2>from what forty eight other people? Yeah, so, I mean

762
00:38:51.079 --> 00:38:54.400
<v Speaker 2>how meaningful is that really when you don't have any

763
00:38:54.880 --> 00:38:58.760
<v Speaker 2>physical or real circumstantial evidence to back this up other

764
00:38:58.800 --> 00:39:00.119
<v Speaker 2>than the fact that they can.

765
00:39:01.679 --> 00:39:03.480
<v Speaker 1>But as we talked about, these are juries in the

766
00:39:03.519 --> 00:39:06.400
<v Speaker 1>early two thousands when there's not as much public knowledge

767
00:39:06.440 --> 00:39:09.760
<v Speaker 1>above Faull's confessions. So they probably thought that was enough.

768
00:39:09.760 --> 00:39:11.679
<v Speaker 1>They figured there's no way they would have done it,

769
00:39:12.159 --> 00:39:15.119
<v Speaker 1>done these confessions unless they were guilty, and that influenced

770
00:39:15.159 --> 00:39:19.440
<v Speaker 1>their verdict, but the state would face a bigger problem

771
00:39:19.519 --> 00:39:22.159
<v Speaker 1>when Maurice Pierce was supposed to go on trial because

772
00:39:22.199 --> 00:39:25.719
<v Speaker 1>he never did confess, so there really wasn't anything against

773
00:39:25.800 --> 00:39:29.519
<v Speaker 1>him besides the confessions from Robert and Michael. And they

774
00:39:29.519 --> 00:39:33.320
<v Speaker 1>have a rule that if you're implicated by a co conspirator,

775
00:39:33.400 --> 00:39:36.159
<v Speaker 1>you can't use their confessions unless they take the witness

776
00:39:36.199 --> 00:39:39.360
<v Speaker 1>stand to testify, and they refuse to do that. And

777
00:39:39.679 --> 00:39:41.800
<v Speaker 1>it makes me think of the West Memphis three case

778
00:39:41.880 --> 00:39:44.719
<v Speaker 1>where they had to do a separate trial for Jesse

779
00:39:44.840 --> 00:39:48.280
<v Speaker 1>miss Kelly, who confessed, but when Jason Baldwin and Demon

780
00:39:48.320 --> 00:39:52.599
<v Speaker 1>Eccles went on trial separately, Jesse refused to testify against them,

781
00:39:52.639 --> 00:39:55.519
<v Speaker 1>so they were unable to use his confession as evidence

782
00:39:55.519 --> 00:39:58.519
<v Speaker 1>against them at their trial. And this was a big

783
00:39:58.559 --> 00:40:01.559
<v Speaker 1>problem with Maurice because the there was literally no other

784
00:40:01.639 --> 00:40:05.400
<v Speaker 1>evidence besides the other confessions and they could not use them.

785
00:40:05.519 --> 00:40:09.519
<v Speaker 1>So they ultimately decided to drop the murder charges against

786
00:40:09.599 --> 00:40:11.880
<v Speaker 1>him before they went on trial, but they still said,

787
00:40:12.199 --> 00:40:14.559
<v Speaker 1>we still believe he's guilty, but we just can't take

788
00:40:14.599 --> 00:40:16.400
<v Speaker 1>him to trial with the evidence we have, so we

789
00:40:16.519 --> 00:40:19.119
<v Speaker 1>have to let them go. And you can imagine what

790
00:40:19.159 --> 00:40:22.400
<v Speaker 1>a bittersweet feeling that was for the victims' families because

791
00:40:22.440 --> 00:40:24.760
<v Speaker 1>you've got two guys in prison right now, but the

792
00:40:24.800 --> 00:40:28.360
<v Speaker 1>guy who has been accused of being the mastermind, they're saying, Oh,

793
00:40:28.440 --> 00:40:30.199
<v Speaker 1>we can't take him to trial and we just have

794
00:40:30.280 --> 00:40:33.000
<v Speaker 1>to let him go. So you've technically got a half

795
00:40:33.039 --> 00:40:35.920
<v Speaker 1>solved mystery where two of the perpetrators are in prison

796
00:40:36.199 --> 00:40:37.239
<v Speaker 1>and two of them are free.

797
00:40:38.280 --> 00:40:41.079
<v Speaker 2>But literally, like when it comes down to cases, it's

798
00:40:41.119 --> 00:40:44.960
<v Speaker 2>who can tell the best story, right, And for Maurice,

799
00:40:45.079 --> 00:40:48.519
<v Speaker 2>what type of story would the prosecutor tell? You? Literally

800
00:40:48.679 --> 00:40:53.679
<v Speaker 2>have zero evidence. He never confessed. You can't use those

801
00:40:53.719 --> 00:40:56.519
<v Speaker 2>confessions because the other guys aren't going to testify at

802
00:40:56.519 --> 00:41:00.480
<v Speaker 2>his trial. So you've got no physical evidence, no other

803
00:41:00.519 --> 00:41:01.760
<v Speaker 2>circumstantial evidence.

804
00:41:02.199 --> 00:41:06.440
<v Speaker 1>What would you present, Yeah, there's really nothing like he

805
00:41:06.440 --> 00:41:08.920
<v Speaker 1>held out. He did not make his own confession, and

806
00:41:09.599 --> 00:41:12.920
<v Speaker 1>there's no physical evidence against them. There's nothing placing him

807
00:41:12.920 --> 00:41:15.719
<v Speaker 1>at the scene, and all they have are the confessions

808
00:41:15.719 --> 00:41:18.719
<v Speaker 1>from his alleged co conspirators who refused to take the

809
00:41:18.719 --> 00:41:21.280
<v Speaker 1>witness stand, so you can understand why they did this.

810
00:41:21.440 --> 00:41:23.519
<v Speaker 1>But all you're thinking is maybe you should have thought

811
00:41:23.559 --> 00:41:26.199
<v Speaker 1>about that before charging him in the first place, because

812
00:41:26.519 --> 00:41:28.719
<v Speaker 1>he just had to spend four years sitting in a

813
00:41:28.800 --> 00:41:31.199
<v Speaker 1>jail cell. And now you're letting him go, and you're

814
00:41:31.239 --> 00:41:34.360
<v Speaker 1>just putting the victim's family through a ringer because now

815
00:41:34.360 --> 00:41:36.960
<v Speaker 1>they believe that the alleged mastermind is going to walk

816
00:41:37.000 --> 00:41:37.519
<v Speaker 1>free again.

817
00:41:38.039 --> 00:41:41.039
<v Speaker 2>Well, they were probably just hoping that they could eventually

818
00:41:41.079 --> 00:41:44.079
<v Speaker 2>get the guys to take the stand and to testify

819
00:41:44.119 --> 00:41:47.119
<v Speaker 2>against him. That didn't happen. But it's unfortunate that he

820
00:41:47.119 --> 00:41:50.039
<v Speaker 2>had to spend four years behind bars. But I'm sure

821
00:41:50.079 --> 00:41:53.719
<v Speaker 2>that the prosecutor and the investigators weren't sad about that.

822
00:41:53.760 --> 00:41:56.079
<v Speaker 2>They were like, at least that's some kind of justice,

823
00:41:56.119 --> 00:41:59.119
<v Speaker 2>because they truly believe it seems that he was involved.

824
00:42:00.440 --> 00:42:02.519
<v Speaker 1>Yeah, so they kind of justified it to themselves. And

825
00:42:02.519 --> 00:42:05.039
<v Speaker 1>they did say that the door was open to charge

826
00:42:05.119 --> 00:42:07.719
<v Speaker 1>him again if we could find new evidence, but of

827
00:42:07.719 --> 00:42:10.719
<v Speaker 1>course they never did. That. Brings an end to part

828
00:42:10.719 --> 00:42:13.159
<v Speaker 1>two of our series about the Austin yogurt chot murders.

829
00:42:13.239 --> 00:42:15.239
<v Speaker 1>Join us again next week for part three.

830
00:42:16.519 --> 00:42:17.960
<v Speaker 2>Robin, do you want to tell us a little bit

831
00:42:18.000 --> 00:42:19.480
<v Speaker 2>about the Trail Went Cold Patreon?

832
00:42:20.239 --> 00:42:22.599
<v Speaker 1>Yes, the Trail Cold Patreon has been around for three

833
00:42:22.639 --> 00:42:26.400
<v Speaker 1>years now, and we offer these standard bonus features like

834
00:42:26.480 --> 00:42:29.880
<v Speaker 1>early ad free episodes, and I also send out stickers

835
00:42:29.880 --> 00:42:32.719
<v Speaker 1>and sign thank you cards to anyone who signs up

836
00:42:32.760 --> 00:42:35.320
<v Speaker 1>with us on Patreon. If you join our five dollars

837
00:42:35.360 --> 00:42:39.480
<v Speaker 1>tier Tier two, we also offer monthly bonus episodes in

838
00:42:39.480 --> 00:42:42.639
<v Speaker 1>which I talk about cases which are not featured on

839
00:42:42.679 --> 00:42:45.480
<v Speaker 1>the Trail went Cold's original feed, so they're exclusive to

840
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<v Speaker 1>Patreon and if you join our highest tier tier three,

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<v Speaker 1>the ten dollars tier. One of the features we offer

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00:42:51.719 --> 00:42:56.159
<v Speaker 1>is a audio commentary track over classic episodes of UNSAWD Mysteries,

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00:42:56.400 --> 00:42:59.360
<v Speaker 1>where you can download an audio file and then boot

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<v Speaker 1>up the original Unsolved Mysteries episode on Amazon Prime or

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<v Speaker 1>YouTube and play it with my audio commentary playing in

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00:43:06.079 --> 00:43:09.199
<v Speaker 1>the background, where I just provide trivia and factoids about

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00:43:09.239 --> 00:43:12.679
<v Speaker 1>the cases featured in this episode. And incidentally, the very

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<v Speaker 1>first episode that I did a commentary track over was

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<v Speaker 1>the episode featuring this case. So if you want to

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<v Speaker 1>download a commentary track in which I make more smart

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00:43:21.079 --> 00:43:24.119
<v Speaker 1>ass remarks about Jewel Kaylor, then be sure to join

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<v Speaker 1>Tier three.

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<v Speaker 3>So I want to let you know a little bit

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<v Speaker 3>about the jeweles Nashty patreons, So there's early ad free

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00:43:29.840 --> 00:43:32.920
<v Speaker 3>episodes of The Path Went Chili. We've got our Pathwent

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<v Speaker 3>Chili mini's, which are always over an hour, so they're

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<v Speaker 3>not very mini, but they're just too short to turn

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<v Speaker 3>into a series, and we're really enjoying doing those, so

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<v Speaker 3>we hope you'll check out those patreons. We'll link them

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<v Speaker 3>in the show notes.

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<v Speaker 1>So I want to thank you all for listening, and

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<v Speaker 1>any chance you have to share us on social media

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00:43:49.360 --> 00:43:51.639
<v Speaker 1>with a friend or to rate and review is greatly

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<v Speaker 1>appreciate it. You can email us at The Pathwentchili at

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<v Speaker 1>gmail dot com. You can reach us on Twitter at

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00:43:57.360 --> 00:43:59.960
<v Speaker 1>the Pathwin. So until next time, be sure to bundle

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<v Speaker 1>up because cold trails and chilly pass call for warm clothing.

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<v Speaker 2>Music by Paul Rich from the podcast Cold Callers Comedy
