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<v Speaker 1>You are now listening to True Murder, The most shocking

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<v Speaker 1>killers in true crime history and the authors that have

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<v Speaker 1>written about them Gasey, Bundy, Dahmer, The Nightstalker VTK Every

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<v Speaker 1>week another fascinating author talking about the most shocking and

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<v Speaker 1>infamous killers in true crime history. True Murder with your host,

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<v Speaker 1>journalist and author Dan Zupanski, Good Evening.

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<v Speaker 2>In nineteen seventy one, Montgomery County Deputy Sheriff James Tappan

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<v Speaker 2>Hall was gunned down outside a Maryland country club. The

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<v Speaker 2>case went cold, no suspect, no answers, no closure, but

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<v Speaker 2>never gave up trying to find her father's killer. Fifty

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<v Speaker 2>years later, cold case detectives finally reopened the investigation and

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<v Speaker 2>identified a suspect whose shocking confession revealed a detail never

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<v Speaker 2>released to the public. Hall was shot twice. A Second

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<v Speaker 2>Shot by doctor Michael Wiseberg is a gripping true crime

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<v Speaker 2>story of justice delayed but not denied, and a deeply

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<v Speaker 2>personal tale of second chances for both a grieving family

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<v Speaker 2>and the author himself. The book that we're featuring this

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<v Speaker 2>evening is a Second Shot, The Pursuit of justice in

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<v Speaker 2>Maryland's oldest cold case murder. With my special guest author

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<v Speaker 2>Michael F. Wisberg. Welcome to the program, and thank you

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<v Speaker 2>very much for this interview. Michael F.

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<v Speaker 3>Weisberg, Thank you very much, Dan for inviting me.

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<v Speaker 2>Thank you so much, and congratulations on your book A

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<v Speaker 2>Second Shot.

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<v Speaker 3>Thank you.

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<v Speaker 2>Now, I understand you are a doctor, a gastro enterologist,

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<v Speaker 2>and you have a patient named Anna Hall who was

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<v Speaker 2>referred to by a colleague. Tell us about how you

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<v Speaker 2>became involved in the author of this book.

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<v Speaker 4>Anna Hall was the only patient ever sent to me

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<v Speaker 4>by her doctor. It just happened that she came to

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<v Speaker 4>see me as an elderly woman, and when she came,

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<v Speaker 4>she came with her daughter, Carolyn Filo. Carolyn decided that

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<v Speaker 4>she liked the way I took care of her mother,

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<v Speaker 4>so she asked me to be her doctor as well.

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<v Speaker 4>I took care of her for over thirty years until

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<v Speaker 4>one day in twoenty and twenty two, she came to

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<v Speaker 4>me and told me that her father, who had been

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<v Speaker 4>murdered in nineteen seventy one, over fifty years before, and

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<v Speaker 4>the case had gone cold for fifty years. That the detectives,

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<v Speaker 4>three female detectives, had come together and had been able

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<v Speaker 4>to figure out by re looking at the case, the

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<v Speaker 4>clue that everyone else had missed, they'd been able to

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<v Speaker 4>solve the case, obtain a confession, and now she wanted

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<v Speaker 4>a book to be written.

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<v Speaker 3>About the case.

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<v Speaker 4>And because she'd enjoyed my two novels that I had

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<v Speaker 4>written previously, The Hospitalist, and in the end, she wanted

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<v Speaker 4>me to write the book.

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<v Speaker 2>You didn't immediately agree to write this book. What things

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<v Speaker 2>did you have to consider before agreeing to write this book?

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<v Speaker 4>I was not a journalist, and it sounded like it

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<v Speaker 4>was the kind of book that would be a journalist.

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<v Speaker 4>I enjoyed doing fiction for my imagination, this would be

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<v Speaker 4>a true story. It would require a lot of research

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<v Speaker 4>and a lot of interviews, and I know if I

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<v Speaker 4>had these skills to be able to do that. But

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<v Speaker 4>finally she convinced me that the story was already there

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<v Speaker 4>for me. The murderer had confessed, he had waived extradition,

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<v Speaker 4>Everyone would be willing to talk to me, including the

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<v Speaker 4>detectives and prosecutors. The case was there and just needed

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<v Speaker 4>to be written. So that's what convinced me that I

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<v Speaker 4>could go ahead and do it. It was just a matter

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<v Speaker 4>of taking the story and put it into a way

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<v Speaker 4>that would be appealing to readers.

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<v Speaker 2>Now you're right about the first meeting May one, twenty

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<v Speaker 2>twenty three. You flew from Dallas to Washington, DC, which

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<v Speaker 2>is about you saying put a thirty minute train ride

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<v Speaker 2>from Rockville, where this murder happened originally, and you went

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<v Speaker 2>to the Pilos and their family and went to meet them.

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<v Speaker 2>Caroline and Bob tell us about this meeting and what

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<v Speaker 2>happened at that meeting.

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<v Speaker 4>Carol and Bob picked me up at the metro station

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<v Speaker 4>in Gaithersburg, and they took me to the courthouse where

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<v Speaker 4>we were going to meet with the sheriff. Sheriff you

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<v Speaker 4>who met with us and talked to us the about

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<v Speaker 4>his understanding of the case, what had happened to Carolyn's father,

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<v Speaker 4>Captain J. T. Smith, James T. Smith, who was a

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<v Speaker 4>deputy sheriff. And then I was going to meet with

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<v Speaker 4>the prosecutors and talk to the detectives. The prosecutor came

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<v Speaker 4>in be prosecutor. Prosecutor who was prosecuting the case, Donald Fenton,

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<v Speaker 4>came into the meeting room, and I introduced myself and

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<v Speaker 4>talked to her and told her I was recording things,

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<v Speaker 4>and she informed me that I could not record anything,

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<v Speaker 4>that the case was now going to be contested, that

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<v Speaker 4>the suspect had withdrawn his guilty plead, and that a

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<v Speaker 4>private law firm from Washington, d c. Which with my

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<v Speaker 4>research I found was one of the top law firms

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<v Speaker 4>in the world, Covington and Berling, was going to take

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<v Speaker 4>his case. And so since it was now going to

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<v Speaker 4>be prosecuted, that no one could give me any information,

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<v Speaker 4>and that I would just have to follow along and

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<v Speaker 4>write the book as things went along.

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<v Speaker 2>Yeah, things have changed from their original prognosis of this

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<v Speaker 2>case exactly. Now, let's get to October twenty third, nineteen

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<v Speaker 2>seventy one and the night of the murder.

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<v Speaker 3>Okay, So, James T.

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<v Speaker 4>Hall was a gentleman who worked on bus transmissions for

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<v Speaker 4>a company called Metro Transit. But he also had a

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<v Speaker 4>job as a deputy sheriff. And he got that job

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<v Speaker 4>by working security at a amusement park in that area.

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<v Speaker 4>And they also had them working security at the Manor

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<v Speaker 4>Country Club. There was a beautiful country club where they'd

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<v Speaker 4>had in the area quite a few break ins and

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<v Speaker 4>different things going on, and so they wanted to have

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<v Speaker 4>deputy sheriffs patrolling that area to keep an eye on

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<v Speaker 4>things that also had reports and people trying to break

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<v Speaker 4>into the coke machines at the country club, people doing vandalism.

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<v Speaker 4>He wasn't sup to work that night, he was off,

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<v Speaker 4>but he was called thirty minutes before the shift started

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<v Speaker 4>by the sheriff who was supposed to work, Sheriff Jim Young,

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<v Speaker 4>who asked him to work and said he had a

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<v Speaker 4>family mat matter to ten to two, So he left.

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<v Speaker 3>James Hall left his family at the house.

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<v Speaker 4>It was a rainy, dark night, got his raincoat, got

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<v Speaker 4>his flashlight, gun pipe which he loved to smoke, got

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<v Speaker 4>in his car and drove to the Manor Country Club

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<v Speaker 4>where seven o'clock to one o'clock shift where he would

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<v Speaker 4>be in charge of patrolling around the parking lot at

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<v Speaker 4>the country club.

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<v Speaker 2>And keeping an eye on things and what happens during

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<v Speaker 2>the course of the night.

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<v Speaker 4>During the night about four and a half, about three

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<v Speaker 4>and a half hours into his shift, at ten point thirty,

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<v Speaker 4>he apparently got out of his car and saw something

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<v Speaker 4>in the area of the parking lot next to the

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<v Speaker 4>golf course. He started walking over there and probably saw

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<v Speaker 4>things that were there were household items that were sacked

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<v Speaker 4>up in that area, and they included a jack, lantern

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<v Speaker 4>and a step stool, as well as other things, and

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<v Speaker 4>apparently he saw someone and said what are you doing?

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<v Speaker 3>A shot rang out and hit his flash flight, which

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<v Speaker 3>he turned on to be able to see things on

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<v Speaker 3>this rainy, dark night, and knocked it ten feet out

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<v Speaker 3>of his arms. Behind him.

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<v Speaker 4>He turned, probably to get away, and as he turned

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<v Speaker 4>to get away, a shot was fired, the second shot

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<v Speaker 4>which hit him in the back of the head, in

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<v Speaker 4>the lower part on the left side of his back

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<v Speaker 4>of his head, and went all the way through his

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<v Speaker 4>head scullen brain to where it lodged behind his right eyebrow.

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<v Speaker 4>He fell to the ground and was found there on

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<v Speaker 4>the ground, still breathing barely, by a couple who are

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<v Speaker 4>coming back from a date, and then by five boys

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<v Speaker 4>who were trying to vandalize the coke machines that night

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<v Speaker 4>and who had left because they'd heard sirens which turned

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<v Speaker 4>out to be fire trucks, but then came back and

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<v Speaker 4>found him his body lying there. They went into the

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<v Speaker 4>country club and had the operator call for the police

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<v Speaker 4>and ambulance to come get him, and they saved with

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<v Speaker 4>the body until they.

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<v Speaker 2>Came now you're right about the family. A call to

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<v Speaker 2>the family about JT's shooting and requesting a rush to

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<v Speaker 2>the hospital.

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<v Speaker 3>That's right.

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<v Speaker 4>The children, the grandchildren were staying with the grandmother, Anna Hall,

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<v Speaker 4>and the Rob Bob and Carolyn Filo had gone out

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<v Speaker 4>on a date and were at their own house. The

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<v Speaker 4>call went to Bob Filo, who was a canine officer

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<v Speaker 4>and then a police officer, and he and Carolyn called

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<v Speaker 4>Anna Hall and then went and picked her up and

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<v Speaker 4>they went to the hospital where JT was in the

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<v Speaker 4>emergency room. A surgeon, a neurosurgeon, came in dressed in

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<v Speaker 4>a tuxedo, examined JT.

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<v Speaker 3>Examined, looked at the.

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<v Speaker 4>X rays that had been done, and pulled Bob to

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<v Speaker 4>the side and said he's not going to make it.

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<v Speaker 4>There's no brain function. He at that time was on

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<v Speaker 4>a ventilator because he couldn't breathe and to protect his airway,

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<v Speaker 4>and he eventually ended up saying three days in the

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<v Speaker 4>hospital before it was there was still no brain function,

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<v Speaker 4>no hope for any recovery, so he was taken off

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<v Speaker 4>the ventilator and within a half an hour he died.

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<v Speaker 2>You say there's a funeral October twenty ninth, nineteen seventy one.

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<v Speaker 2>But also let's talk about Robert Filo Junior, JT's son

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<v Speaker 2>in law now at Rockville. He's offering a reward for

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<v Speaker 2>two thousand dollars, but the newspapers refused to publicize it.

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<v Speaker 2>Explain who Robert is at that time, where he's working

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<v Speaker 2>at that time, and tell us about this reward dispute.

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<v Speaker 4>It was actually working at the same police station from

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<v Speaker 4>Montgomery County that the detective who was assigned to the case,

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<v Speaker 4>ow Sweat was working, so they fairly quickly moved Robert

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<v Speaker 4>out to another station so he could not be around it.

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<v Speaker 4>He could not ask questions about the case. What he

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<v Speaker 4>did do was he and the family in the funeral

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<v Speaker 4>notice in the obituary said that rather than anybody sending flowers,

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<v Speaker 4>they wanted people to contribute to a fund to try

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<v Speaker 4>to find the killer of James T. Hall. The country

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<v Speaker 4>club man or country club also said they would match

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<v Speaker 4>with the amount that was raised. A thousand dollars were raised,

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<v Speaker 4>was raised, and they contributed a thousand dollars in the

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<v Speaker 4>country club, so he had a two thousand dollars reward.

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<v Speaker 4>They asked the police chief at that time to publicize that,

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<v Speaker 4>but for some reason it was not done. They would

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<v Speaker 4>not do an article about it at all, and Bob

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<v Speaker 4>became very disillusioned. As he said in an interview about

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<v Speaker 4>seven years later when he was practicing law, and he

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<v Speaker 4>said they had two dogs that had been murdered around

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<v Speaker 4>the same time. They offered a fifty dollars reward for

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<v Speaker 4>whoever found who had killed these two dogs. That was

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<v Speaker 4>put into the newspaper and publicized. But this reward for JT.

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<v Speaker 4>Hall's murder, finding the murder suspect or finding who had

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<v Speaker 4>done it was never publicized.

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<v Speaker 2>Let's get back to how JT was found and in

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<v Speaker 2>what condition, And also we have to mention the reason

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<v Speaker 2>for the patrol for the sheriff Department to be hired

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<v Speaker 2>at this Manor County country Club was that there was

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<v Speaker 2>people breaking into the soda machines and other various theft

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<v Speaker 2>and robbery or burglaries in the area. Tell us about

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<v Speaker 2>the Soda machine gang and actually who found JT and

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<v Speaker 2>reported to police.

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<v Speaker 4>Well, the driver of the car of the soda machine

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<v Speaker 4>gang was a man named a young man named Norman

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<v Speaker 4>Shoemaker and his father was actually also a policeman with

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<v Speaker 4>Montgomery County, but he was known as being someone who

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<v Speaker 4>was constantly in trouble with the law. There were other

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<v Speaker 4>boys in the car with and one of them was

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<v Speaker 4>named Robert Cannaveri, and they had just broken into some

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<v Speaker 4>laundry machines at a different location when they decided to

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<v Speaker 4>come over and break into the coke machines that night.

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<v Speaker 4>So they're breaking into the coke machines when they heard sirens.

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<v Speaker 4>They were unsuccessful in breaking in, but they got into

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<v Speaker 4>the car drove away, but then we're able to pass

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<v Speaker 4>by the sirens, which were coming from fire trucks, so

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<v Speaker 4>they came back. When they drove back, they found something

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<v Speaker 4>that they thought was just a bunch of garbage in

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<v Speaker 4>the middle of the parking lot, and they could have

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<v Speaker 4>almost run over it, but they got out of the

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<v Speaker 4>car and they realized that it was the deputy sheriff,

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<v Speaker 4>dressed in his yellow raincoat.

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<v Speaker 3>His hat was off, his head was bleeding.

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<v Speaker 4>There was blood everywhere, but there was so much rain

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<v Speaker 4>it was washing.

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<v Speaker 3>The blood away.

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<v Speaker 4>He was lying with his head at about a forty

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<v Speaker 4>five degree angle and barely breathing. The boy, Robert Cannaveri,

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<v Speaker 4>stayed with him and held his head to try to

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<v Speaker 4>help him breathe, while the other four boys who were

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<v Speaker 4>part of this was called the Coke Machine Gang, who

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<v Speaker 4>were breaking into the Coke Machine that night, all went

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<v Speaker 4>into the country club to tell them to a call

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<v Speaker 4>for police and an ambulance. It's happened that they had

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<v Speaker 4>been beaten there by a couple who had come across

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<v Speaker 4>the body a few seconds before and who were out

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<v Speaker 4>on a date, and they had also gone in and

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<v Speaker 4>asked the operator to call. He was barely breathing, there

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<v Speaker 4>was blood everywhere. The rain was washing everything away, and

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<v Speaker 4>they stayed with him until the boys and the couple

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<v Speaker 4>stayed with him until the ambulance arrived to take him away.

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<v Speaker 2>So how did police proceed with this case? Before we

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<v Speaker 2>talk about it going cool?

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<v Speaker 4>That night, there was Sheriff Boone who was sorry's gonna

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<v Speaker 4>be off. Detective Boone who was in charge of this

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<v Speaker 4>crime scene, and he tried to rope things off and

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<v Speaker 4>keep things as safe as possible. They were able to

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<v Speaker 4>find that night a gun, which as it turned out,

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<v Speaker 4>belonged to James T.

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<v Speaker 3>Hall, and when they.

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<v Speaker 4>Moved his body they found it underneath him. It was

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<v Speaker 4>outside of his jackets. We'd probably reached for it after

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<v Speaker 4>the first gun shot. The also were able to find

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<v Speaker 4>the flashlight, which had been knocked out of his hand

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<v Speaker 4>by a gunshot, about ten to twenty feet away from

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<v Speaker 4>the body. And they also found his pipe which he

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<v Speaker 4>probably instead of pulling out the gun, pulled out his

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<v Speaker 4>pipe which he loved to smoke, and that was in

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<v Speaker 4>a water drainage that was about defeat away from the body.

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<v Speaker 4>The rain had washed all the way down far away

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<v Speaker 4>from the body. Detectives that night were they're called ow Sweat,

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<v Speaker 4>who was the lead detective on the case. He was

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<v Speaker 4>a gentleman who was considered their top homicide detective. He

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<v Speaker 4>had done about forty cases in his career, and when

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<v Speaker 4>I talked to him, he told me that he had closed,

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<v Speaker 4>which in their parlance means he had solved thirty nine

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<v Speaker 4>of them.

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<v Speaker 3>But the one he never closed and he wanted to

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<v Speaker 3>close the most was Bob Filo, who was working in

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<v Speaker 3>the same district office as him, his father in law, JT. Hall.

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<v Speaker 4>So what he did was he interviewed, he said seventy

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<v Speaker 4>five to one hundred people. They did looked at the

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<v Speaker 4>crime scene, they looked for any kind of physical evidence,

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<v Speaker 4>but there was absolutely no physical evidence they could find.

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<v Speaker 3>There were no fingerprints.

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<v Speaker 4>Anything the possible could have been a fingerprint probably was

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<v Speaker 4>washed away. They interviewed everyone there, include the Coke machine boys.

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<v Speaker 4>They went and interviewed neighbors, and they could not find

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<v Speaker 4>anything that would lead them to a suspect in the

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<v Speaker 4>murder case. Ow Sweat said that he went over it,

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<v Speaker 4>worked it, and he centered in on Norman Shoemaker as being.

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<v Speaker 3>The likely culprit.

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<v Speaker 4>Why well, first of all, Shoemaker's father, who was a policeman,

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<v Speaker 4>told him not to talk to the police. So unlike

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<v Speaker 4>the other boys who were willing to give the comments

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00:17:32.160 --> 00:17:35.200
<v Speaker 4>and remarks about what they saw what they did, Norman

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00:17:35.240 --> 00:17:37.880
<v Speaker 4>Shoemaker was very reticent and really wouldn't.

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<v Speaker 3>Cooperate with the police.

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<v Speaker 4>Also, he had a history, as I said, of run

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<v Speaker 4>ins with the law, and each time when he's had

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00:17:45.319 --> 00:17:48.079
<v Speaker 4>these runnings with the law, his father had stepped in

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<v Speaker 4>for him, which to keep him from having anything happen

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00:17:51.160 --> 00:17:53.279
<v Speaker 4>to him. And I think that left a very bad

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00:17:53.319 --> 00:17:57.240
<v Speaker 4>taste in the mouth of the other police officers. So

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00:17:57.599 --> 00:18:00.279
<v Speaker 4>in what we could in both medicine and in police work,

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00:18:00.319 --> 00:18:04.839
<v Speaker 4>they have what's called tunnel vision. You get one thing

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00:18:04.920 --> 00:18:08.119
<v Speaker 4>once something happens, there's one characteristic one lab test, went

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00:18:08.240 --> 00:18:11.200
<v Speaker 4>X ray and medicine, or one thing that happens one

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00:18:11.240 --> 00:18:14.519
<v Speaker 4>suspect in a murder case like this, and you center

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00:18:14.599 --> 00:18:17.359
<v Speaker 4>in on that to the exclusion of everything else. And

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00:18:17.440 --> 00:18:20.640
<v Speaker 4>it seems as like what over ws Sweat did. And

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<v Speaker 4>because of that, thinking that this was a man who

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<v Speaker 4>did it, and not being able to find anything to

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00:18:25.559 --> 00:18:28.759
<v Speaker 4>really prove it, the case was pursued by him for

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00:18:28.799 --> 00:18:32.279
<v Speaker 4>a couple of years and then by other people and

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00:18:32.319 --> 00:18:35.359
<v Speaker 4>it went cold. When a case goes cold, that means

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00:18:35.400 --> 00:18:38.400
<v Speaker 4>the original investigative team has either left, there's no one

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00:18:38.440 --> 00:18:41.039
<v Speaker 4>that's still working the case, or has been tried for

317
00:18:41.039 --> 00:18:44.400
<v Speaker 4>at least three years. They've been looking for a suspect

318
00:18:44.519 --> 00:18:47.240
<v Speaker 4>and none has been found. And that's what happened with

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00:18:47.279 --> 00:18:47.799
<v Speaker 4>this case.

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<v Speaker 2>Let's use this as an opportunity to stop to hear

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00:18:51.640 --> 00:18:55.559
<v Speaker 2>these messages. Now you talk about this case going cold,

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00:18:55.640 --> 00:18:59.720
<v Speaker 2>But Caroline follow doesn't let this go. She waits a

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00:18:59.720 --> 00:19:03.319
<v Speaker 2>couple years for the police to run their course in

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00:19:03.400 --> 00:19:06.319
<v Speaker 2>terms of the investigation, but after that she is routinely

325
00:19:06.480 --> 00:19:10.640
<v Speaker 2>calling them and asking them for any updates. She wants

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00:19:10.720 --> 00:19:12.559
<v Speaker 2>this thing to be solved, doesn't she.

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<v Speaker 3>That's exactly right.

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<v Speaker 4>She had an incredibly close relationship with her father.

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00:19:17.759 --> 00:19:20.319
<v Speaker 3>She loved him, and she idolized him.

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<v Speaker 4>And she realized at the age of twenty eight that

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<v Speaker 4>she was now without this man who'd been such a central.

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00:19:25.160 --> 00:19:28.119
<v Speaker 3>Part of her life and how important he'd been for her.

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<v Speaker 4>And so she said that even as she aged, She

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00:19:32.599 --> 00:19:35.160
<v Speaker 4>said that if as she aged, she realized she was

335
00:19:35.200 --> 00:19:38.039
<v Speaker 4>still alive, so that the person that had done this

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00:19:38.119 --> 00:19:39.599
<v Speaker 4>to her father very.

337
00:19:39.400 --> 00:19:40.720
<v Speaker 3>Easily could still be alive.

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<v Speaker 4>Also, she was also inspired by her husband, who become

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00:19:44.640 --> 00:19:47.759
<v Speaker 4>a very successful attorney. He decied the police work was

340
00:19:47.799 --> 00:19:50.640
<v Speaker 4>no longer for him, probably at least in some great

341
00:19:50.680 --> 00:19:53.720
<v Speaker 4>part due to his disappointment in the failure of the

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00:19:53.759 --> 00:19:57.680
<v Speaker 4>police to tholve this case. He'd become an attorney, and

343
00:19:57.920 --> 00:20:00.920
<v Speaker 4>she marveled at how on these different cases he would

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00:20:00.960 --> 00:20:04.640
<v Speaker 4>find some angle for something to do in order to

345
00:20:04.799 --> 00:20:08.440
<v Speaker 4>win the case. And she thought, his brilliance and winning

346
00:20:08.519 --> 00:20:11.759
<v Speaker 4>these cases, why couldn't someone use brilliance to look at

347
00:20:11.799 --> 00:20:15.119
<v Speaker 4>this whole case of her father and figure out what

348
00:20:15.200 --> 00:20:18.279
<v Speaker 4>had happened and put the pieces together. So she would

349
00:20:18.319 --> 00:20:22.720
<v Speaker 4>call on a regular basis. Her mother, Anahal, who lived

350
00:20:22.759 --> 00:20:26.160
<v Speaker 4>until two thousand and five and who actually remarried later

351
00:20:26.240 --> 00:20:29.200
<v Speaker 4>on and then her second husband died she'd lived in

352
00:20:29.240 --> 00:20:32.319
<v Speaker 4>two thousand and five, was very bitter and very upset

353
00:20:32.400 --> 00:20:36.799
<v Speaker 4>that they never found the murderer of her husband. But

354
00:20:37.000 --> 00:20:40.920
<v Speaker 4>she wasn't as active as Carolyn, who took the lead

355
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<v Speaker 4>for the family.

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<v Speaker 2>You talk about early in this book about a book

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<v Speaker 2>you happened to read which was centered in the same

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<v Speaker 2>area in Montgomery County. It was from an author named

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00:20:53.039 --> 00:20:57.359
<v Speaker 2>Mark Bowden and was titled The Last Stone. What did

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00:20:57.400 --> 00:21:01.119
<v Speaker 2>you garner from reading that book in terms of comparisons

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00:21:01.119 --> 00:21:03.279
<v Speaker 2>to the case that you were writing about.

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00:21:05.440 --> 00:21:08.240
<v Speaker 4>First of all, I had read that book. I've read

363
00:21:08.240 --> 00:21:10.680
<v Speaker 4>it now twice straight through as well as going back.

364
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<v Speaker 4>And it had occurred in the same area Montgomery County

365
00:21:15.960 --> 00:21:20.039
<v Speaker 4>and Maryland, and both occurred in the nineteen seventies. The

366
00:21:20.119 --> 00:21:24.000
<v Speaker 4>murder of James T. Hall occurred in nineteen seventy one.

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00:21:24.720 --> 00:21:28.480
<v Speaker 4>The case that you're referring to, which is in Bowden's book,

368
00:21:29.160 --> 00:21:33.160
<v Speaker 4>was the abduction of the Lion's sisters, who were ages

369
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<v Speaker 4>ten and twelve in broad daylight from the Wheaton Plaza

370
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<v Speaker 4>Mall in nineteen seventy five. These two young girls were abducted,

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<v Speaker 4>They were raped, murdered, their bodies were burned, and they

372
00:21:48.960 --> 00:21:52.079
<v Speaker 4>were never found. They never found any traces of them.

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<v Speaker 4>They were thought to have been buried somewhere in Virginia.

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<v Speaker 4>Both cases had similarities that were very striking, first of all,

375
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<v Speaker 4>and we'll talk about the suspect and how they found

376
00:22:04.799 --> 00:22:05.799
<v Speaker 4>them in the JT.

377
00:22:06.000 --> 00:22:06.559
<v Speaker 3>Hall's case.

378
00:22:06.920 --> 00:22:08.960
<v Speaker 4>But first of all, it turns out that both the

379
00:22:09.039 --> 00:22:13.559
<v Speaker 4>suspects in these cases were teenage boys who were living

380
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<v Speaker 4>on the streets, not in houses, but had been thrown

381
00:22:17.079 --> 00:22:20.680
<v Speaker 4>out of houses and were living on the streets. Both

382
00:22:20.720 --> 00:22:24.400
<v Speaker 4>of them had made statements to the police. In the

383
00:22:24.440 --> 00:22:29.519
<v Speaker 4>case of the Lion's Sisters, the man's name was Welch,

384
00:22:29.559 --> 00:22:32.000
<v Speaker 4>and he had gone to the police a week after

385
00:22:32.039 --> 00:22:36.039
<v Speaker 4>the murders and said to them that he had information

386
00:22:36.200 --> 00:22:39.680
<v Speaker 4>that he had seen who had abducted the girls from

387
00:22:39.720 --> 00:22:40.079
<v Speaker 4>the mall.

388
00:22:41.319 --> 00:22:43.359
<v Speaker 3>The police listened to his what he had.

389
00:22:43.200 --> 00:22:46.359
<v Speaker 4>To say and decided that although he had some of

390
00:22:46.400 --> 00:22:49.519
<v Speaker 4>the facts right and things like that, that other things

391
00:22:49.559 --> 00:22:52.599
<v Speaker 4>were not true. They also gave him a light detective test,

392
00:22:52.680 --> 00:22:55.279
<v Speaker 4>which he flunked, and so they felt that everything he

393
00:22:55.400 --> 00:22:59.319
<v Speaker 4>said was not factual and was just being used to

394
00:22:59.319 --> 00:23:02.480
<v Speaker 4>try to get through ward money. As I'll we'll talk

395
00:23:02.480 --> 00:23:06.240
<v Speaker 4>about later in this case, does Mike I dig detail

396
00:23:06.240 --> 00:23:10.440
<v Speaker 4>on the second shot the accused had gone to the

397
00:23:10.480 --> 00:23:13.160
<v Speaker 4>police eighteen months after the murder had occurred while he

398
00:23:13.200 --> 00:23:18.240
<v Speaker 4>was a prisoner in jail for other charges, and had

399
00:23:18.359 --> 00:23:21.599
<v Speaker 4>told the police various details about the case in order

400
00:23:21.640 --> 00:23:25.240
<v Speaker 4>to try to gain leniency from his burglary charges and

401
00:23:25.319 --> 00:23:29.359
<v Speaker 4>also from his escaping from jail charges. The cold case

402
00:23:29.440 --> 00:23:33.079
<v Speaker 4>teams in both cases had some of the same members.

403
00:23:33.720 --> 00:23:37.279
<v Speaker 4>Chris Hamrock was the detective who put together the cold

404
00:23:37.279 --> 00:23:40.799
<v Speaker 4>case teams and played an important role, especially in the

405
00:23:40.839 --> 00:23:45.000
<v Speaker 4>first case with the Lion sisters. And then Katie Leggett

406
00:23:45.240 --> 00:23:48.359
<v Speaker 4>was a cold case detective who was very important in

407
00:23:48.400 --> 00:23:49.440
<v Speaker 4>both of these cases.

408
00:23:51.119 --> 00:23:55.759
<v Speaker 2>Okay, so let's fast forward to what happens to initiate

409
00:23:56.359 --> 00:24:00.759
<v Speaker 2>this cold case investigation of this fifty on the fiftieth anniversary.

410
00:24:01.079 --> 00:24:04.160
<v Speaker 2>How does it come together that this case is reopened,

411
00:24:04.599 --> 00:24:09.960
<v Speaker 2>And as you mentioned, Chris Homrock and Katie Legate are

412
00:24:10.000 --> 00:24:13.400
<v Speaker 2>involved as they were involved in this other cold case

413
00:24:13.680 --> 00:24:15.359
<v Speaker 2>successful prosecution.

414
00:24:17.359 --> 00:24:20.240
<v Speaker 4>It was decided on the fiftieth anniversary that they better

415
00:24:20.279 --> 00:24:23.480
<v Speaker 4>try something now because if not everybody was getting so old,

416
00:24:23.480 --> 00:24:25.599
<v Speaker 4>if there were any witnesses, if there was anything to

417
00:24:25.640 --> 00:24:28.400
<v Speaker 4>be found, they needed to do it now. Plus, as

418
00:24:28.400 --> 00:24:30.920
<v Speaker 4>you said before, Carolyn Filo had been calling on a

419
00:24:30.960 --> 00:24:35.519
<v Speaker 4>regular basis please reopen the case. So Chris Homrock decided

420
00:24:35.519 --> 00:24:38.839
<v Speaker 4>to reopen the case on the fiftieth anniversary of the shooting,

421
00:24:39.240 --> 00:24:43.160
<v Speaker 4>which was in twenty twenty one, and Katie Leggett by

422
00:24:43.200 --> 00:24:47.559
<v Speaker 4>that time had been a cold case officer for ten years.

423
00:24:47.960 --> 00:24:50.599
<v Speaker 3>Unlike what in the nineteen seventies, where you really didn't.

424
00:24:50.359 --> 00:24:53.440
<v Speaker 4>Have the subdivision of police and did the homicide, robbery,

425
00:24:53.519 --> 00:24:57.359
<v Speaker 4>different divisions, cold case, everybody kind of worked the cases together.

426
00:24:57.920 --> 00:25:00.559
<v Speaker 4>One of the tremendous improvements in police worked is that

427
00:25:00.599 --> 00:25:03.039
<v Speaker 4>we now have these specialists. And she was a specialist

428
00:25:03.119 --> 00:25:05.279
<v Speaker 4>in cold cases and had done an incredible job.

429
00:25:05.519 --> 00:25:06.799
<v Speaker 3>She had an incredible background.

430
00:25:06.920 --> 00:25:11.839
<v Speaker 4>She'd worked initially cases of indecency and sexual harassment and

431
00:25:11.880 --> 00:25:15.160
<v Speaker 4>sexual abuse of children. So she came from that background

432
00:25:15.200 --> 00:25:18.640
<v Speaker 4>initially and then worked as a detective, and she learned

433
00:25:18.680 --> 00:25:22.160
<v Speaker 4>she also was a lie detective administrator, and then she

434
00:25:22.279 --> 00:25:26.079
<v Speaker 4>became a cold case detective. It just so happened that

435
00:25:26.400 --> 00:25:30.279
<v Speaker 4>right at that time, a detective named Lisa Killen, who

436
00:25:30.359 --> 00:25:35.720
<v Speaker 4>was a playing close officer, decided that she wanted to

437
00:25:35.720 --> 00:25:38.240
<v Speaker 4>see what cold case work was like and asked to

438
00:25:38.279 --> 00:25:41.960
<v Speaker 4>be transferred to the cold case unit. They immediately accepted her,

439
00:25:42.200 --> 00:25:44.319
<v Speaker 4>and they said to her that your job is going

440
00:25:44.400 --> 00:25:47.440
<v Speaker 4>to be to reopen this case and start looking at

441
00:25:47.480 --> 00:25:49.599
<v Speaker 4>it and see if you find anything that hasn't been found.

442
00:25:50.240 --> 00:25:52.799
<v Speaker 4>The third person who's put on the case was another

443
00:25:52.839 --> 00:25:57.319
<v Speaker 4>woman named Sarah White, who was a homicide detective, and

444
00:25:57.400 --> 00:25:59.799
<v Speaker 4>she The three of them made up the cold case team,

445
00:26:00.559 --> 00:26:03.400
<v Speaker 4>with Lisa Killen being the one who was instructed to

446
00:26:03.480 --> 00:26:07.680
<v Speaker 4>initially go through all the evidence everything that had been

447
00:26:07.680 --> 00:26:10.119
<v Speaker 4>done for the case, which was put in a cardboard

448
00:26:10.200 --> 00:26:11.160
<v Speaker 4>box on her desk.

449
00:26:13.400 --> 00:26:17.000
<v Speaker 2>In that cardboard box was all the evidence that had

450
00:26:17.039 --> 00:26:22.200
<v Speaker 2>been gathered by police, but also Lisa did some reinterviewing

451
00:26:22.519 --> 00:26:26.359
<v Speaker 2>the Soda Machine Gang, these guys now in their sixties.

452
00:26:26.799 --> 00:26:29.720
<v Speaker 2>But in that box Lisa found a real to reel

453
00:26:29.799 --> 00:26:35.039
<v Speaker 2>tape labeled as an interview with Richard Hobart. Now, who

454
00:26:35.079 --> 00:26:38.319
<v Speaker 2>is Richard Hobart and what does Lisa Killen do As

455
00:26:38.319 --> 00:26:41.920
<v Speaker 2>a result of finding this reel to reel interview.

456
00:26:42.920 --> 00:26:47.640
<v Speaker 4>Richard Hobart's name and the license plate from his parents'

457
00:26:47.759 --> 00:26:52.599
<v Speaker 4>vehicle were found in a notepad that James T. Hall

458
00:26:52.720 --> 00:26:54.519
<v Speaker 4>had and that he kept with him at all time,

459
00:26:55.400 --> 00:26:57.680
<v Speaker 4>and so there was concern whether or not he might

460
00:26:57.720 --> 00:27:01.799
<v Speaker 4>have been involved. As it happened, he had passed away.

461
00:27:01.880 --> 00:27:05.119
<v Speaker 4>He had died within about ten years of the case,

462
00:27:05.519 --> 00:27:07.559
<v Speaker 4>and it was they had talked to him. He actually

463
00:27:07.640 --> 00:27:09.680
<v Speaker 4>on his own gone in to talk to the police

464
00:27:10.240 --> 00:27:12.480
<v Speaker 4>and was not considered a suspect. He was able to

465
00:27:12.480 --> 00:27:14.920
<v Speaker 4>have an alibi, so he was not considered a suspect

466
00:27:15.319 --> 00:27:18.799
<v Speaker 4>in the case. But Lisa felt that she needed to

467
00:27:19.599 --> 00:27:22.400
<v Speaker 4>listen to what he had to say, and she needed

468
00:27:22.400 --> 00:27:26.160
<v Speaker 4>to find a way to get the tape in a

469
00:27:26.200 --> 00:27:28.680
<v Speaker 4>way that she could listen to it because real Thrill

470
00:27:28.720 --> 00:27:31.000
<v Speaker 4>there was not the technology in twenty twenty one to

471
00:27:31.000 --> 00:27:33.960
<v Speaker 4>be able to listen to it. She went to several sources,

472
00:27:34.160 --> 00:27:37.680
<v Speaker 4>including the police departments, someone who was had a store

473
00:27:37.759 --> 00:27:41.480
<v Speaker 4>that did different types of things with audio, but finally

474
00:27:41.640 --> 00:27:44.359
<v Speaker 4>was able to get the FBI to convert the tape

475
00:27:44.359 --> 00:27:47.480
<v Speaker 4>to digitalize it into a form that she could listen to.

476
00:27:48.839 --> 00:27:51.799
<v Speaker 2>What did she discover listening to that tape that struck

477
00:27:51.839 --> 00:27:55.680
<v Speaker 2>her in her mind as a break in this case.

478
00:27:57.160 --> 00:28:00.119
<v Speaker 4>The tape had nothing to do with Richard Hobart. It

479
00:28:00.640 --> 00:28:05.400
<v Speaker 4>was completely mislabeled. What it was was a several hour

480
00:28:05.559 --> 00:28:10.839
<v Speaker 4>interview with a young man named Larry Becker. Larry Becker

481
00:28:10.880 --> 00:28:14.359
<v Speaker 4>had been in jail. He had been convicted for the

482
00:28:14.400 --> 00:28:18.559
<v Speaker 4>burglary of a townhouse, and while in jail and on

483
00:28:18.599 --> 00:28:22.359
<v Speaker 4>a work release program, he had escaped. So not only

484
00:28:22.440 --> 00:28:26.880
<v Speaker 4>was he serving his jail term for being involved in

485
00:28:26.880 --> 00:28:28.799
<v Speaker 4>a burglary, but also.

486
00:28:28.599 --> 00:28:32.119
<v Speaker 3>Had years added on for the escape. So it turned

487
00:28:32.160 --> 00:28:32.720
<v Speaker 3>out he had a.

488
00:28:32.680 --> 00:28:37.200
<v Speaker 4>Sentence for about eight years. In the tape, he had

489
00:28:37.200 --> 00:28:42.880
<v Speaker 4>decided to ask for leniency by providing the Greek police

490
00:28:42.920 --> 00:28:49.160
<v Speaker 4>officers with information about the murder of Deputy Sheriff Hall.

491
00:28:49.319 --> 00:28:53.240
<v Speaker 4>The tape goes through the interrogation and in this interrogation,

492
00:28:54.119 --> 00:28:58.680
<v Speaker 4>Smith says two very important things that were police holdbacks.

493
00:28:58.680 --> 00:29:01.279
<v Speaker 4>In other words, when the police have a murder or

494
00:29:01.279 --> 00:29:04.000
<v Speaker 4>something happens, a lot of times they will hold back

495
00:29:04.079 --> 00:29:07.559
<v Speaker 4>evidence so that when they confront someone they consider a suspect,

496
00:29:08.000 --> 00:29:11.920
<v Speaker 4>if that person relates that evidence to them that suggests

497
00:29:11.960 --> 00:29:13.799
<v Speaker 4>that they were at the crime scene of the crime

498
00:29:13.880 --> 00:29:15.440
<v Speaker 4>or that they may have been the perpetrator.

499
00:29:16.039 --> 00:29:18.079
<v Speaker 3>Right. The two main things that he said.

500
00:29:17.960 --> 00:29:20.880
<v Speaker 4>Was one, he said there were two shots that night,

501
00:29:20.920 --> 00:29:22.599
<v Speaker 4>and he said that several times.

502
00:29:22.920 --> 00:29:24.400
<v Speaker 3>He said that he was an eyewitness.

503
00:29:24.960 --> 00:29:27.279
<v Speaker 4>He'd come to the Manor country Club after being with

504
00:29:27.359 --> 00:29:30.160
<v Speaker 4>a friend named Rizzo, and he'd come to the Manor

505
00:29:30.240 --> 00:29:34.200
<v Speaker 4>Country Club and he saw these boys trying to break

506
00:29:34.240 --> 00:29:37.880
<v Speaker 4>into the coke machines and then he saw someone come

507
00:29:37.960 --> 00:29:40.759
<v Speaker 4>up and say, hey, what are you doing, And he

508
00:29:40.839 --> 00:29:44.480
<v Speaker 4>said that there had been two shots fired. And the

509
00:29:44.559 --> 00:29:46.839
<v Speaker 4>second thing he said that had not been released was

510
00:29:46.880 --> 00:29:50.880
<v Speaker 4>that the deputy sheriff was holding a flashlight, and that

511
00:29:50.960 --> 00:29:53.119
<v Speaker 4>had not been released, and he had a flashlight.

512
00:29:53.759 --> 00:29:57.039
<v Speaker 3>And so Lisa listening to those two pieces.

513
00:29:56.519 --> 00:29:59.759
<v Speaker 4>Of evidence that he said, and also the fact that

514
00:29:59.799 --> 00:30:02.880
<v Speaker 4>he put himself at the scene of the murder, they'd

515
00:30:02.880 --> 00:30:07.000
<v Speaker 4>had no eyewitnesses before, and that was her way into

516
00:30:07.039 --> 00:30:09.680
<v Speaker 4>the portal as to what was happening, what had happened

517
00:30:10.160 --> 00:30:13.160
<v Speaker 4>fifty years before when the murder took place.

518
00:30:14.960 --> 00:30:18.440
<v Speaker 2>There was problems initially though he had mentioned four boys

519
00:30:18.519 --> 00:30:21.519
<v Speaker 2>that he said by name out of the eight and

520
00:30:21.640 --> 00:30:25.799
<v Speaker 2>mentioned their names, and it checked out they had alibis.

521
00:30:26.640 --> 00:30:29.400
<v Speaker 4>Exactly there were so many things that he said that

522
00:30:29.440 --> 00:30:32.880
<v Speaker 4>were wrong. For example, as you just said, he named

523
00:30:33.000 --> 00:30:38.240
<v Speaker 4>Greg Schwar as the shooter. Greg Swar was alibied, was

524
00:30:38.279 --> 00:30:40.880
<v Speaker 4>not there. There's no way he could have been the shooter.

525
00:30:40.960 --> 00:30:43.839
<v Speaker 4>And the every other boy he said was there, none

526
00:30:43.839 --> 00:30:45.279
<v Speaker 4>of them were there. They were not part of the

527
00:30:45.279 --> 00:30:48.119
<v Speaker 4>Coke Machine gang. The person that he said that he

528
00:30:48.240 --> 00:30:51.319
<v Speaker 4>was with as he walked to the Manor Country Club

529
00:30:51.880 --> 00:30:54.559
<v Speaker 4>was actually in the Navy at that time in California,

530
00:30:55.119 --> 00:30:57.119
<v Speaker 4>so there's no way that he had been there either.

531
00:30:57.680 --> 00:31:01.599
<v Speaker 4>He said it was a knight that was very calm,

532
00:31:01.799 --> 00:31:04.359
<v Speaker 4>that the weather was beautiful, we could see things, and

533
00:31:04.440 --> 00:31:07.240
<v Speaker 4>we know that it was a terrible stormy, rainy night,

534
00:31:07.880 --> 00:31:11.759
<v Speaker 4>and that everyone was soaking wet. He said that the

535
00:31:11.799 --> 00:31:14.400
<v Speaker 4>person that was shot was wearing a uniform like a

536
00:31:14.720 --> 00:31:17.640
<v Speaker 4>police officer, but no nothing like a raincoat or anything

537
00:31:17.680 --> 00:31:18.079
<v Speaker 4>like that.

538
00:31:18.759 --> 00:31:19.319
<v Speaker 3>And when JT.

539
00:31:19.480 --> 00:31:22.000
<v Speaker 4>Hall's body was found, he was found to be wearing

540
00:31:22.000 --> 00:31:24.559
<v Speaker 4>a yellow raincoat which was easily identifiable.

541
00:31:26.799 --> 00:31:31.079
<v Speaker 2>What does Lisa Killen find out about the conclusions police

542
00:31:31.160 --> 00:31:34.640
<v Speaker 2>made after that interview with Larry Becker.

543
00:31:36.400 --> 00:31:40.160
<v Speaker 4>Lisa found out that the three officers who interviewed him

544
00:31:41.359 --> 00:31:43.599
<v Speaker 4>and who had had nothing to do with the investigation

545
00:31:43.720 --> 00:31:46.400
<v Speaker 4>up to that point, knew nothing about the police hold

546
00:31:46.480 --> 00:31:50.880
<v Speaker 4>back of the evidence that they concluded that he did

547
00:31:50.880 --> 00:31:54.160
<v Speaker 4>not have eyes on the scene, he was not there,

548
00:31:54.880 --> 00:31:57.119
<v Speaker 4>he was lying just to gain leniency.

549
00:31:57.759 --> 00:32:00.759
<v Speaker 3>They rejected his plea and they sent him back to jail.

550
00:32:03.160 --> 00:32:06.519
<v Speaker 2>So Lisa Killen looks at this information at least like

551
00:32:06.640 --> 00:32:10.559
<v Speaker 2>you had said, where she believes that he puts himself well,

552
00:32:10.559 --> 00:32:13.000
<v Speaker 2>he does put himself at the scene of the crime,

553
00:32:13.039 --> 00:32:16.960
<v Speaker 2>so she believes he's either involved or witnessed who was involved,

554
00:32:16.960 --> 00:32:21.640
<v Speaker 2>who was the shooter. So she decides, along with Katie Leggett,

555
00:32:22.039 --> 00:32:25.000
<v Speaker 2>to go interview or to at least try to find

556
00:32:25.720 --> 00:32:26.400
<v Speaker 2>Larry Becker.

557
00:32:27.799 --> 00:32:28.519
<v Speaker 3>That's correct.

558
00:32:28.680 --> 00:32:30.880
<v Speaker 4>So she does a deep dive to try to find

559
00:32:30.960 --> 00:32:33.759
<v Speaker 4>him and can't find him. There's no Larry Becker around,

560
00:32:34.359 --> 00:32:38.240
<v Speaker 4>but she knew that he had a brother named Leslie Becker,

561
00:32:38.960 --> 00:32:42.160
<v Speaker 4>so she looks to find Leslie and she finds his obituary,

562
00:32:43.000 --> 00:32:45.880
<v Speaker 4>and in the obituary it says that he is survived

563
00:32:45.920 --> 00:32:50.920
<v Speaker 4>by a brother, Larry Smith, who's living in Little.

564
00:32:50.640 --> 00:32:51.559
<v Speaker 3>Falls, New York.

565
00:32:52.559 --> 00:32:55.079
<v Speaker 4>And when you go back, she went back and found

566
00:32:55.119 --> 00:32:59.279
<v Speaker 4>out that Larry Smith had been adopted by the Becker

567
00:32:59.359 --> 00:33:02.640
<v Speaker 4>family along with Leslie and two other siblings when he

568
00:33:02.759 --> 00:33:05.480
<v Speaker 4>was seven years old, and so his name had been

569
00:33:05.559 --> 00:33:09.599
<v Speaker 4>changed to Becker. But now in twenty twenty one, he

570
00:33:09.680 --> 00:33:12.799
<v Speaker 4>was living in Little Falls, New York under his original

571
00:33:12.880 --> 00:33:13.960
<v Speaker 4>name Larry Smith.

572
00:33:17.000 --> 00:33:21.839
<v Speaker 2>But Jesus has an opportunity to stop to hear these messages. Now,

573
00:33:21.880 --> 00:33:27.960
<v Speaker 2>another part of this seemingly brilliant strategy is Lisa Kielan says,

574
00:33:28.400 --> 00:33:31.680
<v Speaker 2>why don't I look up John Rizzo? And so she

575
00:33:31.920 --> 00:33:36.720
<v Speaker 2>contacts long John Rizzo. But what does she ask John

576
00:33:36.799 --> 00:33:39.880
<v Speaker 2>Rizzo in regards to helping police.

577
00:33:41.200 --> 00:33:44.559
<v Speaker 4>They wanted to make sure that Larry Smith was indeed

578
00:33:44.680 --> 00:33:47.960
<v Speaker 4>Larry Becker, and they also wanted to see what he

579
00:33:48.000 --> 00:33:50.960
<v Speaker 4>would do if pressure was put on him by someone

580
00:33:50.960 --> 00:33:52.839
<v Speaker 4>who he had said was at the scene or he

581
00:33:52.839 --> 00:33:55.640
<v Speaker 4>had been with him when he walked to the scene.

582
00:33:56.319 --> 00:34:00.359
<v Speaker 4>So they made what are called controlled calls. They had

583
00:34:00.480 --> 00:34:04.079
<v Speaker 4>Rizzo to two control calls. And in the first call,

584
00:34:05.039 --> 00:34:07.000
<v Speaker 4>first of all, I should say control calls when the

585
00:34:07.039 --> 00:34:10.320
<v Speaker 4>police monitor the call, so they're listening to everything that's

586
00:34:10.360 --> 00:34:13.760
<v Speaker 4>being said and done. In the first call, when Rizzo

587
00:34:13.880 --> 00:34:18.920
<v Speaker 4>called him, Larry Smith denied being Larry Becker. He said

588
00:34:18.920 --> 00:34:21.119
<v Speaker 4>he didn't know Rizzo, he didn't know anything about it,

589
00:34:21.159 --> 00:34:23.440
<v Speaker 4>he'd never lived down there, and that.

590
00:34:23.440 --> 00:34:26.400
<v Speaker 3>The guy must have gotten it made a mistake.

591
00:34:26.960 --> 00:34:29.199
<v Speaker 4>Rizzo turned up the heat even in that first call,

592
00:34:29.280 --> 00:34:32.280
<v Speaker 4>saying that the police are coming after him because of

593
00:34:32.400 --> 00:34:36.119
<v Speaker 4>the evidence that Larry Becker Smith had given them in

594
00:34:36.199 --> 00:34:39.719
<v Speaker 4>nineteen seventy three when he'd had that interview, and he'd

595
00:34:39.760 --> 00:34:42.840
<v Speaker 4>said that Rizzo had been there also, and Rizzo needed

596
00:34:42.880 --> 00:34:44.920
<v Speaker 4>an out. He needed Larry to give him an alibi

597
00:34:44.920 --> 00:34:47.119
<v Speaker 4>and needed him to tell him what to say to them.

598
00:34:48.519 --> 00:34:51.639
<v Speaker 4>As mentioned, he just refused to talk to Rizzo that

599
00:34:51.679 --> 00:34:56.320
<v Speaker 4>first call. But interestingly enough, after that a call was

600
00:34:56.360 --> 00:35:01.840
<v Speaker 4>made by Larry Becker to someone named the Raven. His

601
00:35:01.960 --> 00:35:05.840
<v Speaker 4>name was Bobby ray Edwards, nicknamed the Raven, and he

602
00:35:05.920 --> 00:35:08.440
<v Speaker 4>basically left the restage on the Raven's machine, which Raven

603
00:35:08.519 --> 00:35:11.800
<v Speaker 4>later turned over to the police, saying, this is Larry

604
00:35:11.840 --> 00:35:13.760
<v Speaker 4>Becker was calling and I'd want to.

605
00:35:13.719 --> 00:35:14.920
<v Speaker 3>Speak looking for the Raven.

606
00:35:15.440 --> 00:35:17.960
<v Speaker 4>Raven was someone that he had hung around with a

607
00:35:17.960 --> 00:35:21.440
<v Speaker 4>lot when he was younger and possibly had done different

608
00:35:21.480 --> 00:35:24.159
<v Speaker 4>burglaries and things like that with, but he had called

609
00:35:24.679 --> 00:35:29.280
<v Speaker 4>him afterwards. Before the second control call was made by Rizzo,

610
00:35:29.400 --> 00:35:33.840
<v Speaker 4>two days later, and in this call, Larry Smith admitted

611
00:35:33.880 --> 00:35:37.239
<v Speaker 4>to being Larry Becker, and he talked a lot about

612
00:35:37.320 --> 00:35:41.719
<v Speaker 4>the one burglary that he'd gotten arrested for that townhouse burglary,

613
00:35:42.480 --> 00:35:45.440
<v Speaker 4>and he seemed to think that Rizzo was talking about that,

614
00:35:46.039 --> 00:35:48.280
<v Speaker 4>and he kept saying, no, there was no policemen, there

615
00:35:48.280 --> 00:35:50.320
<v Speaker 4>were no gunshot, nothing like that.

616
00:35:51.079 --> 00:35:53.880
<v Speaker 3>And Rizzo kept egging him on what should I do?

617
00:35:53.960 --> 00:35:54.480
<v Speaker 3>What should I do?

618
00:35:54.519 --> 00:35:56.280
<v Speaker 4>They're coming after me, and I'm going to tell them

619
00:35:56.320 --> 00:36:00.840
<v Speaker 4>all about you. And finally he said to him, he said, listen.

620
00:36:00.880 --> 00:36:03.360
<v Speaker 4>He said, I'm not going to tell you what to do.

621
00:36:04.320 --> 00:36:07.639
<v Speaker 4>You're not scaring me. I'm gonna you know, if the

622
00:36:07.679 --> 00:36:10.400
<v Speaker 4>police come after me, that's fine, but I have nothing

623
00:36:10.440 --> 00:36:13.280
<v Speaker 4>to hide. And they hung up the phone and that

624
00:36:13.440 --> 00:36:15.679
<v Speaker 4>was it between the two of them. But they were

625
00:36:15.719 --> 00:36:19.920
<v Speaker 4>convinced after that phone call that indeed this was the

626
00:36:19.960 --> 00:36:22.360
<v Speaker 4>man that they were looking for, that this was Larry Becker.

627
00:36:24.480 --> 00:36:27.760
<v Speaker 2>So they decided to go visit Larry Becker and they

628
00:36:27.800 --> 00:36:31.519
<v Speaker 2>bang on the door. He answers the door and lets

629
00:36:31.559 --> 00:36:35.760
<v Speaker 2>him in. They go along Katie Levitt Leggett and Lisa

630
00:36:35.840 --> 00:36:39.000
<v Speaker 2>Killen and also two state troopers. So they all are

631
00:36:39.039 --> 00:36:42.760
<v Speaker 2>invited into his home. What does he agree to? Does

632
00:36:42.800 --> 00:36:45.079
<v Speaker 2>he agree to an interview? Does he talk to police?

633
00:36:46.480 --> 00:36:49.159
<v Speaker 4>He lived in a senior citizen's home that was a

634
00:36:49.239 --> 00:36:53.920
<v Speaker 4>high rise and they had security so that they had

635
00:36:53.960 --> 00:36:56.280
<v Speaker 4>to be let in. And before they went up to

636
00:36:56.280 --> 00:36:58.760
<v Speaker 4>see him, they looked around for a room that was

637
00:36:58.840 --> 00:37:01.800
<v Speaker 4>quiet enough that they can record an interview with him.

638
00:37:02.239 --> 00:37:06.000
<v Speaker 4>They couldn't find anything, so they went up to his door,

639
00:37:06.039 --> 00:37:09.559
<v Speaker 4>knocked on the door or let in, introduced themselves, and

640
00:37:09.599 --> 00:37:11.519
<v Speaker 4>he kind of said he knew they had becoming just

641
00:37:11.519 --> 00:37:14.000
<v Speaker 4>because of the calls that he had gotten from Rizzo, right.

642
00:37:14.719 --> 00:37:17.840
<v Speaker 4>And once they got in there, they explained that they

643
00:37:17.840 --> 00:37:21.239
<v Speaker 4>wanted to just talk to him and get information, and

644
00:37:21.280 --> 00:37:23.760
<v Speaker 4>they couldn't find the room would be quiet enough to

645
00:37:23.880 --> 00:37:26.800
<v Speaker 4>use the recording the devices that they had. Would he

646
00:37:26.960 --> 00:37:30.760
<v Speaker 4>mind going back to the police barracks in Herkimer County,

647
00:37:31.440 --> 00:37:35.840
<v Speaker 4>New York. He agreed to do so, and he went back.

648
00:37:35.920 --> 00:37:38.360
<v Speaker 4>There were two male police officers from Herkimer County. He

649
00:37:38.480 --> 00:37:42.360
<v Speaker 4>drove back with them, and Lisa and Katie followed in

650
00:37:42.400 --> 00:37:42.960
<v Speaker 4>their car.

651
00:37:45.559 --> 00:37:50.639
<v Speaker 2>So tell us what happens at police headquarters and how

652
00:37:50.719 --> 00:37:54.880
<v Speaker 2>did the interview goes? At first, very much like the

653
00:37:54.920 --> 00:37:57.920
<v Speaker 2>phone calls with Rizzo. There's a little bit of a

654
00:37:57.920 --> 00:38:02.000
<v Speaker 2>warming up process in the questioning, isn't it Yes.

655
00:38:02.840 --> 00:38:05.960
<v Speaker 4>First of all, the room that they use for interrogation

656
00:38:06.119 --> 00:38:11.320
<v Speaker 4>there is there's no windows, one door, and they put

657
00:38:11.360 --> 00:38:14.039
<v Speaker 4>their seats very close to him, and he was in

658
00:38:14.079 --> 00:38:18.519
<v Speaker 4>the corner. It's very important to mention that many times,

659
00:38:18.840 --> 00:38:20.679
<v Speaker 4>both on the way there or when they were in

660
00:38:20.719 --> 00:38:22.639
<v Speaker 4>the apartment, and then later on they told him he

661
00:38:22.679 --> 00:38:25.039
<v Speaker 4>was not under arrest and he was free to go

662
00:38:25.119 --> 00:38:28.559
<v Speaker 4>at any time he wanted to, so that they did

663
00:38:28.559 --> 00:38:31.800
<v Speaker 4>not have him in custody at that time. That becomes

664
00:38:31.840 --> 00:38:35.159
<v Speaker 4>an important point. Later on they sit down and start

665
00:38:35.199 --> 00:38:38.559
<v Speaker 4>talking to him, and as you said, initially the interview

666
00:38:38.639 --> 00:38:41.360
<v Speaker 4>is just somewhat fact finding and talking back and forth,

667
00:38:42.039 --> 00:38:46.679
<v Speaker 4>and he seems interested in talking about the burglary at

668
00:38:46.719 --> 00:38:48.599
<v Speaker 4>the townhouse, and he thinks that that's what.

669
00:38:48.559 --> 00:38:49.760
<v Speaker 3>They're asking about.

670
00:38:50.079 --> 00:38:52.360
<v Speaker 4>Don't forget this is a man now who's fifty one

671
00:38:52.440 --> 00:38:57.159
<v Speaker 4>years later, and he had been through a lot. He

672
00:38:57.199 --> 00:38:59.760
<v Speaker 4>had had a lot of health problems going on, part

673
00:38:59.800 --> 00:39:03.320
<v Speaker 4>to disease, heart failure, just a lot of other things

674
00:39:03.360 --> 00:39:06.920
<v Speaker 4>going on, and he was now being interviewed and he

675
00:39:07.000 --> 00:39:09.920
<v Speaker 4>was talking, answering their questions by what he thought they

676
00:39:09.920 --> 00:39:14.320
<v Speaker 4>wanted to know about the townhouse burglaries. They finally were

677
00:39:14.360 --> 00:39:17.480
<v Speaker 4>able to steer him towards what happened at the country

678
00:39:17.519 --> 00:39:20.760
<v Speaker 4>club that night, although he could never remember during the

679
00:39:20.880 --> 00:39:24.519
<v Speaker 4>entire interview having made a statement to the police in

680
00:39:24.599 --> 00:39:28.599
<v Speaker 4>nineteen seventy three, eighteen months after the murder. But when

681
00:39:28.639 --> 00:39:32.639
<v Speaker 4>they got to the interview part they initially started it

682
00:39:32.639 --> 00:39:35.079
<v Speaker 4>was more friendly and things like that, and then they

683
00:39:35.199 --> 00:39:37.599
<v Speaker 4>let him take They took a break and they let

684
00:39:37.679 --> 00:39:39.960
<v Speaker 4>him go. He wanted to smoke. He was a heavy

685
00:39:39.960 --> 00:39:41.599
<v Speaker 4>smoker at one time. It was a three pack per

686
00:39:41.679 --> 00:39:44.880
<v Speaker 4>day smoker. So he wanted to go outside and smoke.

687
00:39:45.719 --> 00:39:48.079
<v Speaker 4>He couldn't smoke on the police grounds. It was against

688
00:39:48.159 --> 00:39:50.480
<v Speaker 4>the law to do that. So he went across the

689
00:39:50.480 --> 00:39:53.440
<v Speaker 4>street and he was if he'd want or to he

690
00:39:53.559 --> 00:39:56.239
<v Speaker 4>was free to go. But he went across the street smoked,

691
00:39:56.800 --> 00:39:59.119
<v Speaker 4>and then later on came back for the next part

692
00:39:59.119 --> 00:40:00.519
<v Speaker 4>of the interview.

693
00:40:01.800 --> 00:40:02.519
<v Speaker 3>So they.

694
00:40:03.920 --> 00:40:07.119
<v Speaker 2>Apply some pressure in the last part of this interview,

695
00:40:07.519 --> 00:40:10.840
<v Speaker 2>if you can tell us the gist of how that

696
00:40:11.960 --> 00:40:15.320
<v Speaker 2>putting that pressure on him went and his reaction.

697
00:40:17.320 --> 00:40:21.679
<v Speaker 4>He The interview lasted three hours and forty five minutes

698
00:40:22.079 --> 00:40:25.280
<v Speaker 4>in this room, and when they came back, the interview

699
00:40:25.400 --> 00:40:29.360
<v Speaker 4>took a turn because they basically with Katie Leggett, who

700
00:40:29.400 --> 00:40:34.840
<v Speaker 4>was a tremendous cold case detective and tremendous interrogator. She

701
00:40:35.079 --> 00:40:40.840
<v Speaker 4>basically used certain types of principles of interrogation. It's in

702
00:40:40.960 --> 00:40:45.159
<v Speaker 4>her own unique style, but she used minimalization, which is

703
00:40:45.199 --> 00:40:48.480
<v Speaker 4>where you take something and make it not seem.

704
00:40:48.280 --> 00:40:49.400
<v Speaker 3>As serious as it was.

705
00:40:49.559 --> 00:40:53.239
<v Speaker 4>For example, she eventually said that he was the sheriff

706
00:40:53.280 --> 00:40:55.880
<v Speaker 4>had been killed, but instead of being killed, she said, well,

707
00:40:55.920 --> 00:40:59.679
<v Speaker 4>maybe it was by accident. She also said told him

708
00:40:59.679 --> 00:41:01.760
<v Speaker 4>what it great guy he'd become, and what a great

709
00:41:01.800 --> 00:41:04.440
<v Speaker 4>person he was. She didn't want to mess up his life,

710
00:41:04.480 --> 00:41:07.679
<v Speaker 4>so I think she put himself on his side. But

711
00:41:07.760 --> 00:41:11.000
<v Speaker 4>she also used minimalization to make what he said make

712
00:41:11.079 --> 00:41:13.360
<v Speaker 4>even the murder itself not seem so bad.

713
00:41:14.039 --> 00:41:16.400
<v Speaker 3>And I think this was something a technique that she says.

714
00:41:16.199 --> 00:41:19.639
<v Speaker 4>That she had learned when she did these child sex

715
00:41:19.679 --> 00:41:22.840
<v Speaker 4>abuse cases and things like that. No one wants to

716
00:41:22.880 --> 00:41:25.440
<v Speaker 4>admit to being a pedophile and having sex with the child,

717
00:41:25.519 --> 00:41:26.800
<v Speaker 4>so he have to be able to put it in

718
00:41:26.800 --> 00:41:29.239
<v Speaker 4>a different way. I have to make it not seem

719
00:41:29.280 --> 00:41:31.320
<v Speaker 4>as bad, and I think that's what she did. She

720
00:41:31.400 --> 00:41:33.039
<v Speaker 4>made it seem like this was a good man. He

721
00:41:33.119 --> 00:41:36.239
<v Speaker 4>was a good man. The sheriff had accidentally been shot

722
00:41:36.480 --> 00:41:39.440
<v Speaker 4>while maybe a burglary. While the burglary had occurred, a

723
00:41:39.480 --> 00:41:42.079
<v Speaker 4>house on the other side of the golf course, which

724
00:41:42.199 --> 00:41:45.039
<v Speaker 4>was owned by Roger and Diane Schmidt, that same night

725
00:41:45.079 --> 00:41:47.639
<v Speaker 4>had been burglarized, and those things that were found on the.

726
00:41:47.599 --> 00:41:49.719
<v Speaker 3>Golf course were items from their house.

727
00:41:50.679 --> 00:41:53.039
<v Speaker 4>So she talked to him and said that, yeah, that

728
00:41:53.159 --> 00:41:55.159
<v Speaker 4>this burglary had occurred.

729
00:41:55.760 --> 00:41:57.719
<v Speaker 3>He had put himself with the scene of the crime.

730
00:41:58.519 --> 00:42:00.719
<v Speaker 4>Eventually she was able to talk to him, and he

731
00:42:00.800 --> 00:42:03.480
<v Speaker 4>was able to He said that yes, he had been

732
00:42:03.480 --> 00:42:07.159
<v Speaker 4>involved in the burglary. And then finally, as things turned

733
00:42:07.199 --> 00:42:09.320
<v Speaker 4>more and more, as his screws kind of tightened more

734
00:42:09.360 --> 00:42:14.159
<v Speaker 4>and more, he said that he although he was part

735
00:42:14.159 --> 00:42:18.599
<v Speaker 4>of the burglary, he hadn't shot the sheriff, That deputy sheriff,

736
00:42:18.599 --> 00:42:21.360
<v Speaker 4>That the deputy sheriff Hall had been shot by someone

737
00:42:21.360 --> 00:42:25.000
<v Speaker 4>who was with him that night, Raven, and Raven was

738
00:42:25.039 --> 00:42:26.559
<v Speaker 4>committing the burglary with him.

739
00:42:26.800 --> 00:42:29.199
<v Speaker 3>This was a total change from.

740
00:42:29.000 --> 00:42:31.800
<v Speaker 4>What was going on the first, say, three hours in

741
00:42:31.840 --> 00:42:34.760
<v Speaker 4>the interview, when he really didn't seem to know anything

742
00:42:34.800 --> 00:42:37.840
<v Speaker 4>about the country clubs said multiple times, I never committed

743
00:42:37.880 --> 00:42:39.199
<v Speaker 4>a burglary at the country club.

744
00:42:39.599 --> 00:42:41.760
<v Speaker 3>My parents lived there. That's where he had lived before

745
00:42:41.800 --> 00:42:43.239
<v Speaker 3>he was thrown out on the streets.

746
00:42:43.599 --> 00:42:45.280
<v Speaker 4>So why would I do any kind of you know,

747
00:42:45.440 --> 00:42:48.119
<v Speaker 4>damage there where I could easily be found. Well, when

748
00:42:48.199 --> 00:42:52.119
<v Speaker 4>he did decide, he did, you know, admit that he

749
00:42:52.239 --> 00:42:54.679
<v Speaker 4>was part of the team the burglarized, and then he

750
00:42:54.760 --> 00:42:57.519
<v Speaker 4>admitted that Raven was the one who had done it.

751
00:42:57.559 --> 00:42:58.719
<v Speaker 3>Well, Raven, as.

752
00:42:58.559 --> 00:43:03.280
<v Speaker 4>It turns out, was six feet tall and Larry Becker

753
00:43:03.440 --> 00:43:07.679
<v Speaker 4>was five foot three. And so they asked Larry in

754
00:43:07.719 --> 00:43:10.519
<v Speaker 4>this interrogation, do you know what trajectory means?

755
00:43:10.559 --> 00:43:13.119
<v Speaker 3>Trajectory means? He knew what it meant. It meant the

756
00:43:13.119 --> 00:43:16.719
<v Speaker 3>path that something had followed. And they said, well, the bullets.

757
00:43:16.320 --> 00:43:20.559
<v Speaker 4>Started off, hit him the sheriff in the lower part

758
00:43:20.679 --> 00:43:23.800
<v Speaker 4>of the head on the left hand side, and traveled

759
00:43:23.880 --> 00:43:27.280
<v Speaker 4>upward at an angle where it lodged behind his right eyebrow.

760
00:43:28.440 --> 00:43:31.639
<v Speaker 4>Someone of Raven's size couldn't have had that kind of trajectory.

761
00:43:33.159 --> 00:43:36.679
<v Speaker 4>It had to come from someone short like you. As

762
00:43:36.719 --> 00:43:40.119
<v Speaker 4>I said, he was five foot three and so as

763
00:43:40.159 --> 00:43:42.719
<v Speaker 4>they kept talking back and forth, back and forth.

764
00:43:43.119 --> 00:43:44.920
<v Speaker 3>They made it. He said, yeah, you know this.

765
00:43:45.360 --> 00:43:48.679
<v Speaker 4>They convinced him that an accident had happened, and he

766
00:43:48.760 --> 00:43:55.559
<v Speaker 4>eventually finally admitted and confessed to accidentally shooting the deputy

767
00:43:55.599 --> 00:43:58.920
<v Speaker 4>sheriff two shots and that he had been the one

768
00:43:58.920 --> 00:44:01.119
<v Speaker 4>who had done it. It's been an accident.

769
00:44:04.559 --> 00:44:08.119
<v Speaker 2>One of the things that became somewhat a point of

770
00:44:08.159 --> 00:44:12.000
<v Speaker 2>contention was he then asked, am I going to jail?

771
00:44:12.719 --> 00:44:16.440
<v Speaker 2>And they said no, you're You're going home today. And

772
00:44:16.480 --> 00:44:20.159
<v Speaker 2>the police said, we don't lie to people. And they

773
00:44:20.159 --> 00:44:22.960
<v Speaker 2>asked him where the gun was, and he said, I

774
00:44:23.000 --> 00:44:26.079
<v Speaker 2>threw it away. I think because it wasn't I didn't

775
00:44:26.119 --> 00:44:29.199
<v Speaker 2>have it when I went to Maggie's place. But he said,

776
00:44:29.400 --> 00:44:32.480
<v Speaker 2>I don't remember where I threw it exactly.

777
00:44:32.559 --> 00:44:34.000
<v Speaker 3>No gun was ever recovered.

778
00:44:34.559 --> 00:44:39.519
<v Speaker 4>He had identified in the interview and nineteen seventy three

779
00:44:39.679 --> 00:44:42.840
<v Speaker 4>that it was a thirty eight caliber gun that was fired.

780
00:44:43.159 --> 00:44:46.239
<v Speaker 4>The bullets that were recovered both from the brain of

781
00:44:47.440 --> 00:44:49.920
<v Speaker 4>w Sheriff Hall, as well as there was a bullet

782
00:44:49.960 --> 00:44:51.760
<v Speaker 4>that had gone through the flashlight and lodged in the

783
00:44:51.760 --> 00:44:56.960
<v Speaker 4>flash flight were BOUTH thirty two caliber bullets. Which, as

784
00:44:57.000 --> 00:44:59.960
<v Speaker 4>it turns out, can be fired from a thirty eight

785
00:45:00.119 --> 00:45:03.039
<v Speaker 4>caliber gun, although the reverse is impossibly can't fire thirty

786
00:45:03.079 --> 00:45:05.119
<v Speaker 4>eight caliber bullets for thirty two caliber gun.

787
00:45:05.880 --> 00:45:07.719
<v Speaker 3>So that was possible that.

788
00:45:09.320 --> 00:45:12.519
<v Speaker 4>He had correctly identified the weapon that had been used.

789
00:45:13.280 --> 00:45:15.679
<v Speaker 3>And then they even had him.

790
00:45:16.800 --> 00:45:20.159
<v Speaker 4>He said it that during the interview, the interrogation at

791
00:45:20.199 --> 00:45:22.159
<v Speaker 4>the end, that he had had a gun that had

792
00:45:22.159 --> 00:45:25.119
<v Speaker 4>been given to him earlier in the evening, and he

793
00:45:25.239 --> 00:45:27.320
<v Speaker 4>named the person who had given it to him, and

794
00:45:27.360 --> 00:45:29.639
<v Speaker 4>he was wearing it. He had it in his waistband,

795
00:45:30.159 --> 00:45:32.719
<v Speaker 4>and then he pulled it out and used it to

796
00:45:32.760 --> 00:45:35.320
<v Speaker 4>shoot the deputy sheriff.

797
00:45:36.800 --> 00:45:39.119
<v Speaker 2>Let's use this as an opportunity to stop to hear

798
00:45:39.280 --> 00:45:45.079
<v Speaker 2>these messages. So let's get to the first day of

799
00:45:45.119 --> 00:45:49.519
<v Speaker 2>the trial and the defense and the prosecution.

800
00:45:52.320 --> 00:45:54.599
<v Speaker 4>The first day of the trial came, and of course

801
00:45:55.000 --> 00:45:58.519
<v Speaker 4>they had so much evidence piled up that I didn't

802
00:45:58.519 --> 00:46:01.519
<v Speaker 4>get a look. I couldn't see over to where Larry

803
00:46:01.599 --> 00:46:06.119
<v Speaker 4>Becker Smith was sitting. I was in the gallery listening

804
00:46:06.119 --> 00:46:10.239
<v Speaker 4>to everything. But the opening statements were made and the

805
00:46:10.280 --> 00:46:15.320
<v Speaker 4>defense said, this is someone who has the most important

806
00:46:15.400 --> 00:46:19.960
<v Speaker 4>evidence of all. He has confessed to being the murderer

807
00:46:20.639 --> 00:46:24.920
<v Speaker 4>not once, not twice, but three times, because it turns

808
00:46:24.960 --> 00:46:31.480
<v Speaker 4>out that within a day of confessing to the police, Larry,

809
00:46:31.519 --> 00:46:35.320
<v Speaker 4>on phone calls which were recorded from the jail, had

810
00:46:35.360 --> 00:46:40.280
<v Speaker 4>called his daughter and told her that he had something

811
00:46:40.320 --> 00:46:43.559
<v Speaker 4>he had to get off his chest, and he'd lived

812
00:46:43.559 --> 00:46:46.119
<v Speaker 4>with it for fifty years and he'd never told anyone,

813
00:46:46.639 --> 00:46:49.519
<v Speaker 4>not even her mother, who was still his wife, he'd

814
00:46:49.519 --> 00:46:53.119
<v Speaker 4>never divorced her, but that he had killed someone and

815
00:46:53.320 --> 00:46:56.360
<v Speaker 4>now he's going to go to jail Ford and he

816
00:46:57.000 --> 00:47:00.119
<v Speaker 4>pretty much said the same thing to his son, and

817
00:47:00.159 --> 00:47:05.719
<v Speaker 4>he called him also. So the prosecution said, we don't

818
00:47:05.760 --> 00:47:10.800
<v Speaker 4>have any physical evidence, no DNA evidence, and there were

819
00:47:10.840 --> 00:47:14.199
<v Speaker 4>no eyewitnesses. But what we do have is someone who

820
00:47:14.280 --> 00:47:16.639
<v Speaker 4>in nineteen seventy three put himself at the scene of

821
00:47:16.639 --> 00:47:21.679
<v Speaker 4>the murder and then now has confessed three times, which

822
00:47:21.719 --> 00:47:22.880
<v Speaker 4>is the strongest evidence.

823
00:47:22.960 --> 00:47:25.440
<v Speaker 3>It's all circumstantial evidence, was strongest evidence.

824
00:47:26.360 --> 00:47:28.559
<v Speaker 4>And the defense got up and in their opening statement

825
00:47:28.719 --> 00:47:32.800
<v Speaker 4>concentrated on the facts that all these wrong things that

826
00:47:32.880 --> 00:47:35.719
<v Speaker 4>Larry said initially in seventy three that were completely wrong,

827
00:47:35.760 --> 00:47:38.039
<v Speaker 4>which had led the people that were listening to him,

828
00:47:38.039 --> 00:47:39.840
<v Speaker 4>the police, to say he wasn't there, he didn't know

829
00:47:39.840 --> 00:47:43.519
<v Speaker 4>what he was talking about. And also they harped on

830
00:47:43.559 --> 00:47:46.599
<v Speaker 4>the idea that everything that he had said in his

831
00:47:46.719 --> 00:47:50.880
<v Speaker 4>confession had been fed to him by the detectives who

832
00:47:50.880 --> 00:47:54.239
<v Speaker 4>were interrogating him, and that none of it was from

833
00:47:54.239 --> 00:47:56.679
<v Speaker 4>his own mind, that had all just been given to him,

834
00:47:56.760 --> 00:48:00.400
<v Speaker 4>and he'd finally broken and was convinced that did do

835
00:48:00.480 --> 00:48:02.480
<v Speaker 4>this even though he hadn't done it.

836
00:48:04.559 --> 00:48:09.239
<v Speaker 2>The prosecution, the state's attorney is John McCarthy. The prosecuting

837
00:48:09.280 --> 00:48:13.440
<v Speaker 2>attorney is Donnie Donna Fenton. But there are four defense

838
00:48:13.519 --> 00:48:17.880
<v Speaker 2>attorneys in that courtroom, including Kevin B. Collins. Tell us

839
00:48:17.920 --> 00:48:22.960
<v Speaker 2>a little bit about Covington and Burling, the Washington, d c.

840
00:48:23.199 --> 00:48:26.280
<v Speaker 2>Law firm that takes this case, and why.

841
00:48:27.599 --> 00:48:33.639
<v Speaker 4>When Larry Becker Smith got to back to Maryland he

842
00:48:33.800 --> 00:48:38.000
<v Speaker 4>changed his mind. He decided he hadn't done this, and

843
00:48:38.159 --> 00:48:41.320
<v Speaker 4>he wanted he withdrew his confession. He said he wanted

844
00:48:41.320 --> 00:48:43.960
<v Speaker 4>to with draw his confession as guilty, plea and pleae

845
00:48:44.039 --> 00:48:47.679
<v Speaker 4>non guilty once he decided to play not guilty. The

846
00:48:47.679 --> 00:48:50.760
<v Speaker 4>public defender who was assigned to his case, that this

847
00:48:50.880 --> 00:48:53.960
<v Speaker 4>is the case involved now close fifty two years of

848
00:48:54.000 --> 00:48:57.840
<v Speaker 4>information evidence. It's too much for a public defender's off

849
00:48:57.880 --> 00:49:01.280
<v Speaker 4>at the handle law firm Covington and.

850
00:49:01.239 --> 00:49:04.519
<v Speaker 3>Berling, which is a large law firm base. This was

851
00:49:04.559 --> 00:49:06.639
<v Speaker 3>based in Washington, c but they're all over the world.

852
00:49:06.679 --> 00:49:09.519
<v Speaker 4>They have twelve hundred lawyers from the top thirty of

853
00:49:09.599 --> 00:49:11.920
<v Speaker 4>largest law firms in the world and considered one of

854
00:49:11.920 --> 00:49:15.280
<v Speaker 4>the top law firms. They're also considered the top pro

855
00:49:15.400 --> 00:49:18.079
<v Speaker 4>bono law firm in the country. They've won the award

856
00:49:18.119 --> 00:49:22.079
<v Speaker 4>as being the top pro bono law firm ten times,

857
00:49:22.599 --> 00:49:25.800
<v Speaker 4>so they're considered someone that a firm that will be

858
00:49:25.960 --> 00:49:27.880
<v Speaker 4>very willing to help out in a case like this

859
00:49:28.360 --> 00:49:31.360
<v Speaker 4>because for them, it gives their young attorneys the chance

860
00:49:31.440 --> 00:49:35.960
<v Speaker 4>to examine, cross examine, and come up with strategy in cases.

861
00:49:36.719 --> 00:49:39.159
<v Speaker 3>Some of these people attorneys had ever been in.

862
00:49:39.119 --> 00:49:42.159
<v Speaker 4>A courtroom before, and the four who were assigned by

863
00:49:42.199 --> 00:49:44.880
<v Speaker 4>three other attorneys who were assigned to help Kevin Collins,

864
00:49:45.280 --> 00:49:48.400
<v Speaker 4>none of them had ever tried a case before. But

865
00:49:48.480 --> 00:49:52.480
<v Speaker 4>they decided, after making sure that there was no conflicts

866
00:49:52.480 --> 00:49:56.280
<v Speaker 4>of interest, yes, indeed they would take this case. It's

867
00:49:56.360 --> 00:50:02.840
<v Speaker 4>thirty minutes a metro ride from Washington to Rockville, Maryland,

868
00:50:03.199 --> 00:50:05.679
<v Speaker 4>and that they would take the case and represent Larry.

869
00:50:06.559 --> 00:50:09.360
<v Speaker 4>Before the case went to trial, they tried to have

870
00:50:09.400 --> 00:50:13.159
<v Speaker 4>it thrown out by saying that his Miranda rights were violated,

871
00:50:13.199 --> 00:50:16.280
<v Speaker 4>that he was in custody, and that they should have

872
00:50:16.320 --> 00:50:19.599
<v Speaker 4>said to him, you were had the right to remain

873
00:50:19.679 --> 00:50:23.679
<v Speaker 4>silent to anything you say and will be used against

874
00:50:23.760 --> 00:50:25.159
<v Speaker 4>you in a court of law. You have the right

875
00:50:25.199 --> 00:50:29.360
<v Speaker 4>to attorney. That was never said before the interrogation took place.

876
00:50:30.159 --> 00:50:33.280
<v Speaker 4>So they attempted to have it thrown out. This was

877
00:50:33.280 --> 00:50:38.280
<v Speaker 4>a hearing that lasted three days, and finally the judge mcaulay,

878
00:50:38.320 --> 00:50:40.519
<v Speaker 4>who was the judge in the case, in favor of

879
00:50:40.519 --> 00:50:43.880
<v Speaker 4>the prosecution and said that he was never really under

880
00:50:44.000 --> 00:50:48.719
<v Speaker 4>in custody. He could have left any time he wanted

881
00:50:48.719 --> 00:50:51.239
<v Speaker 4>to and he was free to go. They were just

882
00:50:51.360 --> 00:50:55.079
<v Speaker 4>interviewing him and therefore his Miranda rights had not been violated,

883
00:50:55.760 --> 00:50:58.400
<v Speaker 4>and that they could he would stand trial. And so

884
00:50:58.440 --> 00:51:02.559
<v Speaker 4>the trial was set to start January eighth, and that's

885
00:51:02.559 --> 00:51:04.599
<v Speaker 4>when I first got my look at the defense team

886
00:51:04.880 --> 00:51:06.519
<v Speaker 4>as well as the prosecutors.

887
00:51:07.000 --> 00:51:11.400
<v Speaker 2>Right, you write a very dramatic scene. We go back

888
00:51:11.440 --> 00:51:16.119
<v Speaker 2>a bit where Caroline Folo receives the call when she's

889
00:51:16.440 --> 00:51:22.840
<v Speaker 2>socializing about the arrest of Larry Larry Smith. But now

890
00:51:22.920 --> 00:51:27.480
<v Speaker 2>this case is taken to trial and that enthusiasm or

891
00:51:27.519 --> 00:51:31.920
<v Speaker 2>confidences has been damaged somewhat, but she still has very

892
00:51:31.960 --> 00:51:35.960
<v Speaker 2>much confidence in the prosecution. And Donna Fenton doesn't.

893
00:51:35.639 --> 00:51:40.079
<v Speaker 4>She she really does. She has tremendous confidence in her.

894
00:51:40.199 --> 00:51:45.119
<v Speaker 4>She loves Lisa Killing, the lead detective. She calls her

895
00:51:45.159 --> 00:51:48.679
<v Speaker 4>her second daughter. Kerry Krutcher is her other daughter, who

896
00:51:48.960 --> 00:51:50.880
<v Speaker 4>her real daughter. I got to know very welder in

897
00:51:50.920 --> 00:51:54.559
<v Speaker 4>this case, who was incredible to talk to him hear

898
00:51:54.599 --> 00:51:58.920
<v Speaker 4>her insights. But she was very comfortable with the team,

899
00:51:59.679 --> 00:52:02.519
<v Speaker 4>and they had had over a year before the case

900
00:52:02.559 --> 00:52:06.519
<v Speaker 4>went to trial of build up of thinking that this

901
00:52:06.719 --> 00:52:09.440
<v Speaker 4>was going to be the resolution for their family. And

902
00:52:09.480 --> 00:52:13.639
<v Speaker 4>here she was now eighty years old, and she wanted

903
00:52:13.679 --> 00:52:17.599
<v Speaker 4>this to be resolved and have a knowledge of who

904
00:52:17.639 --> 00:52:20.320
<v Speaker 4>had done this to her father. And so she and

905
00:52:20.400 --> 00:52:25.320
<v Speaker 4>Bob Filo were there attending everything from the miranda hearings

906
00:52:25.639 --> 00:52:28.159
<v Speaker 4>to the first day of the trial to the entire trial.

907
00:52:28.800 --> 00:52:31.239
<v Speaker 4>And I flew up and I was there also.

908
00:52:33.639 --> 00:52:36.559
<v Speaker 2>Tell us what the charges were that were laid the

909
00:52:37.039 --> 00:52:39.119
<v Speaker 2>various counts in this trial.

910
00:52:40.519 --> 00:52:43.639
<v Speaker 4>In this trial, the accounts were a first degree murder,

911
00:52:44.599 --> 00:52:50.719
<v Speaker 4>which is premeditated murder, and that's something that was on

912
00:52:50.840 --> 00:52:53.760
<v Speaker 4>the books in nineteen seventy one in Maryland when the

913
00:52:53.840 --> 00:52:57.000
<v Speaker 4>murder had occurred, So they felt it was important that

914
00:52:57.000 --> 00:52:59.920
<v Speaker 4>that that was a murder charge that was allowed to

915
00:53:00.079 --> 00:53:04.800
<v Speaker 4>that time. But they also had another charge, which was

916
00:53:05.719 --> 00:53:10.039
<v Speaker 4>felony murder, and that's murder that's submitted while in the

917
00:53:10.400 --> 00:53:13.920
<v Speaker 4>conducting or doing a felony such as burglary. Right, that

918
00:53:14.079 --> 00:53:17.679
<v Speaker 4>was first degree felony murder. And then the final charge

919
00:53:17.760 --> 00:53:20.920
<v Speaker 4>was second degree felony murder. So there were three charges

920
00:53:20.960 --> 00:53:24.639
<v Speaker 4>at that time, all related to the murder of JT.

921
00:53:24.800 --> 00:53:26.800
<v Speaker 3>Hall.

922
00:53:26.960 --> 00:53:31.039
<v Speaker 2>Now let's get to this trial and some of the

923
00:53:31.159 --> 00:53:35.320
<v Speaker 2>main the main characters. Lisa Killen takes the stand, Katie

924
00:53:35.360 --> 00:53:38.840
<v Speaker 2>Leggett takes the stand. Tell us about the central figures

925
00:53:38.840 --> 00:53:41.639
<v Speaker 2>that take the stand and what they impart to the

926
00:53:41.719 --> 00:53:44.199
<v Speaker 2>jurors in their testimony.

927
00:53:45.519 --> 00:53:49.440
<v Speaker 4>I think that both of them were excellent witnesses and

928
00:53:49.880 --> 00:53:53.039
<v Speaker 4>they what they broke it down to was that here

929
00:53:53.119 --> 00:53:58.039
<v Speaker 4>was a man who had within eighteen months of this occurring,

930
00:53:58.079 --> 00:54:02.719
<v Speaker 4>this murder occurring, had identified himself as being a witness

931
00:54:02.800 --> 00:54:05.360
<v Speaker 4>to the murder. He just come across the Manor country

932
00:54:05.400 --> 00:54:08.119
<v Speaker 4>Club when it happened. And although he'd gotten a lot

933
00:54:08.119 --> 00:54:11.519
<v Speaker 4>of the facts wrong. They said it well, the way

934
00:54:11.519 --> 00:54:15.719
<v Speaker 4>it was phrased by the prosecution was that he was lying,

935
00:54:15.760 --> 00:54:18.679
<v Speaker 4>on the one hand, keep himself from being a suspect

936
00:54:18.719 --> 00:54:22.400
<v Speaker 4>and the murder, but telling enough at that time to

937
00:54:22.880 --> 00:54:26.360
<v Speaker 4>try to get himself leniency. And I think that with

938
00:54:26.559 --> 00:54:29.679
<v Speaker 4>Lisa killing they used her to go back through the

939
00:54:29.880 --> 00:54:33.599
<v Speaker 4>entire process of what it was like, all the places

940
00:54:33.639 --> 00:54:36.639
<v Speaker 4>they went across the country, interviewing different suspects, people that

941
00:54:36.679 --> 00:54:39.719
<v Speaker 4>could have been involved, and then finally how she had

942
00:54:39.760 --> 00:54:42.840
<v Speaker 4>found the real, real tape and had it changed into

943
00:54:42.880 --> 00:54:46.199
<v Speaker 4>a form digitalized that she could use. And I thought

944
00:54:46.239 --> 00:54:48.719
<v Speaker 4>you did a very good job of taking you through.

945
00:54:48.880 --> 00:54:51.320
<v Speaker 4>She took you through these control calls that had been

946
00:54:51.360 --> 00:54:55.840
<v Speaker 4>made by Rizzo, and then she took us through the interrogation, interrogation,

947
00:54:56.800 --> 00:55:00.280
<v Speaker 4>and then actually Lisa Killen was on the stand and

948
00:55:00.360 --> 00:55:04.960
<v Speaker 4>when the tape was played from the interrogation where Becker confessed.

949
00:55:05.400 --> 00:55:08.599
<v Speaker 4>Now I should say that it was I kind of

950
00:55:08.599 --> 00:55:11.800
<v Speaker 4>felt that the flow of the trial this was a

951
00:55:11.840 --> 00:55:15.039
<v Speaker 4>little bit more for the prosecution, but it was because

952
00:55:15.079 --> 00:55:17.480
<v Speaker 4>they had to present witnesses when they could get them.

953
00:55:17.519 --> 00:55:22.360
<v Speaker 4>So Lisa Killen's testimony was interrupted several times by other witnesses.

954
00:55:22.400 --> 00:55:27.639
<v Speaker 4>For example, they had the son and daughter of Becker testify,

955
00:55:28.760 --> 00:55:31.440
<v Speaker 4>and they were going to be up there for a

956
00:55:31.480 --> 00:55:34.000
<v Speaker 4>certain day, so they kind of were put in when

957
00:55:34.000 --> 00:55:38.159
<v Speaker 4>they could be when they were willing to testify, and

958
00:55:38.719 --> 00:55:43.599
<v Speaker 4>they were not cooperative witnesses. They did not say this.

959
00:55:44.000 --> 00:55:48.119
<v Speaker 4>The recording showed that in what his daughter had said

960
00:55:48.119 --> 00:55:51.559
<v Speaker 4>to one of the police officers after her talking to

961
00:55:51.599 --> 00:55:54.760
<v Speaker 4>her father, they did not say in the court itself

962
00:55:54.840 --> 00:55:57.760
<v Speaker 4>that he had confessed to the murders, but only said

963
00:55:57.800 --> 00:56:02.199
<v Speaker 4>that he had talked about robbery. And the prosecution even

964
00:56:02.239 --> 00:56:05.280
<v Speaker 4>went back to these written statements and recorded statements, said

965
00:56:05.280 --> 00:56:06.400
<v Speaker 4>do you remember this and all?

966
00:56:06.440 --> 00:56:07.360
<v Speaker 3>And they said no.

967
00:56:08.079 --> 00:56:10.079
<v Speaker 4>The other people that had to be brought into interrupt

968
00:56:10.199 --> 00:56:14.559
<v Speaker 4>Lisa were the police officers from Herkimer County, New York.

969
00:56:14.639 --> 00:56:17.000
<v Speaker 4>Hald flown down and could only be used for a day,

970
00:56:17.599 --> 00:56:22.199
<v Speaker 4>and so Lisa's testimony was kind of piecemealed through. But

971
00:56:22.719 --> 00:56:27.679
<v Speaker 4>eventually they had her do the entire interrogation tape and

972
00:56:27.760 --> 00:56:29.599
<v Speaker 4>that was done over a couple of days in front

973
00:56:29.639 --> 00:56:30.159
<v Speaker 4>of the jury.

974
00:56:31.400 --> 00:56:37.559
<v Speaker 2>One question I had was how did Lisa or Kate Leggett,

975
00:56:37.800 --> 00:56:41.239
<v Speaker 2>but maybe Lisa, how did she explain all of the

976
00:56:41.800 --> 00:56:47.440
<v Speaker 2>inconsistencies that David Smith had originally when he came forward

977
00:56:47.480 --> 00:56:50.119
<v Speaker 2>to try to get the deal to reduce his prison

978
00:56:50.280 --> 00:56:55.599
<v Speaker 2>escape sentence. Is there any anyone asked why he would

979
00:56:55.639 --> 00:56:59.920
<v Speaker 2>lie so blatantly but at the same time be trying

980
00:57:00.199 --> 00:57:04.360
<v Speaker 2>to gain favor with police to try to reduce his sentence.

981
00:57:04.760 --> 00:57:08.559
<v Speaker 2>How would he rationalize lying so much that the police

982
00:57:08.559 --> 00:57:11.280
<v Speaker 2>didn't believe his statements? Anyway?

983
00:57:13.519 --> 00:57:16.360
<v Speaker 4>I don't think that that was ever well explained. I

984
00:57:16.360 --> 00:57:19.000
<v Speaker 4>think that it was they made it out that almost

985
00:57:19.079 --> 00:57:22.960
<v Speaker 4>he was, on the one hand, very savvy and very

986
00:57:23.000 --> 00:57:25.400
<v Speaker 4>smart and able to make up this whole story and

987
00:57:25.519 --> 00:57:29.119
<v Speaker 4>all these other things that weren't true, but also includes

988
00:57:29.320 --> 00:57:32.159
<v Speaker 4>enough details you know, that were true to show that

989
00:57:32.199 --> 00:57:35.079
<v Speaker 4>he was there. But when you looked at him, he

990
00:57:35.199 --> 00:57:37.320
<v Speaker 4>was a man who at that time had an IQ

991
00:57:37.480 --> 00:57:38.360
<v Speaker 4>of eighty seven.

992
00:57:39.280 --> 00:57:40.760
<v Speaker 3>He was not a very smart man.

993
00:57:40.840 --> 00:57:44.559
<v Speaker 4>He had a IQ testing done when he was twelve,

994
00:57:44.639 --> 00:57:47.559
<v Speaker 4>he had been sent away to a place for wayward boys,

995
00:57:48.119 --> 00:57:50.559
<v Speaker 4>and he'd been tested in his IQ was eighty seven,

996
00:57:51.199 --> 00:57:53.840
<v Speaker 4>and then at the time when they did the interrogation

997
00:57:54.000 --> 00:57:57.079
<v Speaker 4>and arrested him, his IQ had dropped. Later on with

998
00:57:57.199 --> 00:57:59.800
<v Speaker 4>psychological testing that he showed his IQ was eighty three.

999
00:58:00.440 --> 00:58:02.719
<v Speaker 4>So it was a little bit hard to understand how

1000
00:58:02.760 --> 00:58:07.079
<v Speaker 4>someone that wasn't didn't seem to be that smart, could

1001
00:58:07.400 --> 00:58:11.079
<v Speaker 4>both give you details that were so accurate to details

1002
00:58:11.119 --> 00:58:14.960
<v Speaker 4>and then have everything else mixed up and all so

1003
00:58:15.239 --> 00:58:17.960
<v Speaker 4>that they said it was because of his trying to

1004
00:58:17.960 --> 00:58:21.639
<v Speaker 4>get leniency but not wanting to be part of you know,

1005
00:58:22.280 --> 00:58:24.719
<v Speaker 4>arrested or part of the suspect.

1006
00:58:25.719 --> 00:58:27.679
<v Speaker 3>It was a little bit hard looking back on it

1007
00:58:27.760 --> 00:58:28.199
<v Speaker 3>to believe.

1008
00:58:30.400 --> 00:58:35.000
<v Speaker 2>Now, this person, Bobby ray Edwards, this person that is

1009
00:58:35.039 --> 00:58:38.559
<v Speaker 2>accused of the murderer or accused of being with the murderer,

1010
00:58:39.519 --> 00:58:43.599
<v Speaker 2>testifies that trial. Tell us how effective or not effective

1011
00:58:43.840 --> 00:58:45.760
<v Speaker 2>his testimony was in the trial.

1012
00:58:46.679 --> 00:58:50.280
<v Speaker 4>He was actually brought in as a witness for the

1013
00:58:50.320 --> 00:58:54.920
<v Speaker 4>prosecution as you know, someone that he had that they

1014
00:58:54.920 --> 00:58:55.639
<v Speaker 4>were talking about.

1015
00:58:55.639 --> 00:58:56.599
<v Speaker 3>But I think that.

1016
00:58:57.320 --> 00:59:02.159
<v Speaker 4>He basically gave a to the defense because he was

1017
00:59:02.199 --> 00:59:06.079
<v Speaker 4>the only one of the boys who had maintained contact.

1018
00:59:06.360 --> 00:59:10.719
<v Speaker 3>With Larry Becker Smith both before when he went.

1019
00:59:10.599 --> 00:59:13.599
<v Speaker 4>To jail, while during he was in jail, and then

1020
00:59:13.679 --> 00:59:17.320
<v Speaker 4>afterwards when Larry had moved to New York, and he

1021
00:59:17.920 --> 00:59:21.840
<v Speaker 4>said that he had not been involved in any burglary

1022
00:59:22.599 --> 00:59:25.840
<v Speaker 4>or murder that occurred at the Manor Country Club, and

1023
00:59:25.880 --> 00:59:30.360
<v Speaker 4>that he knew of nothing to suggest that Larry Becker

1024
00:59:30.400 --> 00:59:32.280
<v Speaker 4>had been involved either, and he was.

1025
00:59:32.239 --> 00:59:33.440
<v Speaker 3>Really as close as friend.

1026
00:59:33.559 --> 00:59:38.159
<v Speaker 4>So in my opinion, his testimony was waged more for

1027
00:59:38.239 --> 00:59:38.760
<v Speaker 4>the defense.

1028
00:59:41.039 --> 00:59:45.199
<v Speaker 2>Just reading this trial as an observer and other people

1029
00:59:45.239 --> 00:59:50.360
<v Speaker 2>as well, Caroline Filo most importantly and Bob as well.

1030
00:59:51.119 --> 00:59:54.519
<v Speaker 2>What was their mood at the conclusion of this trial

1031
00:59:54.599 --> 00:59:57.639
<v Speaker 2>before the jury went to deliberations, What did they think

1032
00:59:57.719 --> 00:59:59.840
<v Speaker 2>the outcome of this trial would be.

1033
01:00:01.199 --> 01:00:05.320
<v Speaker 4>They thought he would be a convicted of fel any

1034
01:00:05.440 --> 01:00:08.440
<v Speaker 4>murder first degree. They did not feel that it was

1035
01:00:08.480 --> 01:00:12.840
<v Speaker 4>a premeditated murder. They felt that he and whoever he

1036
01:00:12.840 --> 01:00:15.800
<v Speaker 4>said was with him, Raven another man named Mark Jensen,

1037
01:00:16.840 --> 01:00:21.239
<v Speaker 4>had burglarized the home, were carrying objects across the golf

1038
01:00:21.239 --> 01:00:24.199
<v Speaker 4>course to take with them, some of which would be

1039
01:00:24.239 --> 01:00:26.480
<v Speaker 4>good for someone who is living on the streets like

1040
01:00:26.599 --> 01:00:29.960
<v Speaker 4>Larry was, including sheets and things for beds, things like that.

1041
01:00:30.719 --> 01:00:34.039
<v Speaker 3>So they did not They felt.

1042
01:00:32.559 --> 01:00:36.960
<v Speaker 4>That the trial had gone very well and they felt

1043
01:00:37.000 --> 01:00:40.280
<v Speaker 4>that he was going to be convicted. They felt that

1044
01:00:40.320 --> 01:00:43.480
<v Speaker 4>the defense had done a good job and they were

1045
01:00:43.519 --> 01:00:47.639
<v Speaker 4>doing all this pro bono free. All the work and all,

1046
01:00:47.679 --> 01:00:50.159
<v Speaker 4>but they felt that the jury would come back with

1047
01:00:50.239 --> 01:00:51.119
<v Speaker 4>a guilty verdict.

1048
01:00:53.960 --> 01:00:58.840
<v Speaker 2>Now, for the jurors, they were instructed. And I've read

1049
01:00:58.920 --> 01:01:04.519
<v Speaker 2>many judges instructions to juries, and I marvel at the

1050
01:01:04.679 --> 01:01:07.840
<v Speaker 2>length that the statements are made by the judge. And

1051
01:01:07.920 --> 01:01:13.079
<v Speaker 2>then I find it confusing myself. If just the instructions

1052
01:01:13.119 --> 01:01:16.920
<v Speaker 2>on you could make the decision, It's not anything I say. However,

1053
01:01:17.519 --> 01:01:19.679
<v Speaker 2>there seems to be a lot of instructions that seem

1054
01:01:19.960 --> 01:01:25.280
<v Speaker 2>somewhat confusing, but tell us about the the unanimous nature

1055
01:01:26.039 --> 01:01:30.519
<v Speaker 2>of their decision being integral to these to this case

1056
01:01:30.920 --> 01:01:31.840
<v Speaker 2>and to this verdict.

1057
01:01:33.679 --> 01:01:38.800
<v Speaker 4>The jury from this trial kay Was after three days

1058
01:01:38.840 --> 01:01:42.440
<v Speaker 4>came back to the judge and said that they were deadlocked,

1059
01:01:43.159 --> 01:01:45.519
<v Speaker 4>and they talked about it, and it turned out that

1060
01:01:45.559 --> 01:01:49.760
<v Speaker 4>they also had felt they had voted unanimously that he

1061
01:01:49.880 --> 01:01:54.119
<v Speaker 4>was not guilty of premeditated murder or the first way murder.

1062
01:01:54.679 --> 01:01:58.599
<v Speaker 4>But they were deadlocked with regards to the charges of peony,

1063
01:01:58.960 --> 01:02:03.280
<v Speaker 4>first refoundy murder, her and secondary phony murder. And interestingly enough,

1064
01:02:03.320 --> 01:02:07.559
<v Speaker 4>they were deadlocked we found out later ten two or

1065
01:02:07.639 --> 01:02:12.000
<v Speaker 4>eleven one in favor of him being guilty, but they

1066
01:02:12.039 --> 01:02:14.159
<v Speaker 4>could not convince the one or two people that he

1067
01:02:14.320 --> 01:02:18.480
<v Speaker 4>was guilty. The defense wanted the judge to say that

1068
01:02:18.599 --> 01:02:21.920
<v Speaker 4>because of the innocence, that they should announce a verdict

1069
01:02:21.960 --> 01:02:24.480
<v Speaker 4>as being innocent on the one count they couldn't reach

1070
01:02:24.480 --> 01:02:27.000
<v Speaker 4>a verdict on the other accounts, But the judge said no,

1071
01:02:27.159 --> 01:02:30.039
<v Speaker 4>she was labeling it all a mistrial. She had been

1072
01:02:30.079 --> 01:02:34.079
<v Speaker 4>planning on retiring, but she felt that she should be

1073
01:02:34.119 --> 01:02:37.639
<v Speaker 4>the one because this has been such an incredible case

1074
01:02:37.639 --> 01:02:40.639
<v Speaker 4>with so many twists and turns, that she should be

1075
01:02:40.679 --> 01:02:43.119
<v Speaker 4>the one to be.

1076
01:02:43.079 --> 01:02:44.519
<v Speaker 3>In charge of this next trial.

1077
01:02:44.639 --> 01:02:48.239
<v Speaker 4>So she brought both of the defense and the prosecution

1078
01:02:48.360 --> 01:02:51.559
<v Speaker 4>to her chambers. After they decided they labeled the trial

1079
01:02:51.639 --> 01:02:54.840
<v Speaker 4>a mistrial and a hung jury to set a date

1080
01:02:55.039 --> 01:02:56.039
<v Speaker 4>to have a retrial.

1081
01:02:57.519 --> 01:02:59.920
<v Speaker 2>Yeah, it was interesting. I'm glad you made that point

1082
01:03:00.079 --> 01:03:04.519
<v Speaker 2>that the jurors could not separate these counts in terms

1083
01:03:04.519 --> 01:03:07.400
<v Speaker 2>of guilt in their decision. They had to be all

1084
01:03:07.400 --> 01:03:10.360
<v Speaker 2>put together. The judge sided, I think it's very important.

1085
01:03:10.920 --> 01:03:12.400
<v Speaker 3>Yes, that's exactly right.

1086
01:03:13.880 --> 01:03:16.760
<v Speaker 2>So now right away there's another trial, and of course

1087
01:03:16.760 --> 01:03:21.599
<v Speaker 2>the prosecution gets set. But there is a distinct disadvantage

1088
01:03:21.599 --> 01:03:26.280
<v Speaker 2>for them in this retrial and an advantage for the

1089
01:03:26.320 --> 01:03:30.199
<v Speaker 2>prosecutor for the defense in another trial, tell us what

1090
01:03:30.239 --> 01:03:32.440
<v Speaker 2>that advantage and disadvantage would be.

1091
01:03:33.920 --> 01:03:37.599
<v Speaker 4>One of the charges in the second trial that the

1092
01:03:38.079 --> 01:03:42.039
<v Speaker 4>was in June of twenty twenty four, so approximately six

1093
01:03:42.079 --> 01:03:46.760
<v Speaker 4>months at the first trial concluded, was that they made

1094
01:03:47.320 --> 01:03:52.920
<v Speaker 4>Raven Bobby Ray Edwards an unindicted co conspirator. So what

1095
01:03:53.000 --> 01:03:57.039
<v Speaker 4>that did was that made it so that Raven, they

1096
01:03:57.079 --> 01:04:00.360
<v Speaker 4>said that they were investigating further to see the felt

1097
01:04:00.360 --> 01:04:02.920
<v Speaker 4>that he could be part of the team that burglarized

1098
01:04:03.559 --> 01:04:07.679
<v Speaker 4>the Schmid home and killed the deputy sheriff. Because of that,

1099
01:04:08.280 --> 01:04:12.800
<v Speaker 4>Ravens hired an attorney who advised him to invoke his

1100
01:04:12.920 --> 01:04:16.960
<v Speaker 4>Fifth Amendment privilege not to testify at the second trial.

1101
01:04:18.039 --> 01:04:22.119
<v Speaker 4>And the defense, of course would want him to testify

1102
01:04:22.679 --> 01:04:25.719
<v Speaker 4>because if he was an underdoted co conspirator and he

1103
01:04:25.760 --> 01:04:27.599
<v Speaker 4>had said that if he had been involved in it,

1104
01:04:27.679 --> 01:04:31.039
<v Speaker 4>he said that their client Larry Smith, had had nothing

1105
01:04:31.079 --> 01:04:33.159
<v Speaker 4>to do with it at the previous trial, they would

1106
01:04:33.199 --> 01:04:35.199
<v Speaker 4>want to put him on the stand again to say that.

1107
01:04:35.719 --> 01:04:38.760
<v Speaker 4>But because he was put as an unindicted co conspirator,

1108
01:04:39.800 --> 01:04:42.679
<v Speaker 4>it took him away as a witness for defense. He

1109
01:04:42.760 --> 01:04:46.320
<v Speaker 4>basically took the Fifth Amendment on every charge, and so

1110
01:04:46.400 --> 01:04:49.159
<v Speaker 4>he was. He did not testify at the second trial.

1111
01:04:51.880 --> 01:04:55.800
<v Speaker 2>Let's Jesus as an opportunity to stop to hear these messages. Now,

1112
01:04:55.840 --> 01:04:59.800
<v Speaker 2>what else did the defense learn from the first trial

1113
01:05:00.079 --> 01:05:05.320
<v Speaker 2>and change in their strategy. We'll say in terms of

1114
01:05:05.360 --> 01:05:07.679
<v Speaker 2>their focus in this second trial.

1115
01:05:08.639 --> 01:05:15.239
<v Speaker 4>The defense learned about false confessions, which I found an

1116
01:05:15.280 --> 01:05:20.199
<v Speaker 4>incredibly interesting topic who read about and learn about. What

1117
01:05:20.239 --> 01:05:24.519
<v Speaker 4>we don't realize is that jurors and judges will use

1118
01:05:24.639 --> 01:05:30.320
<v Speaker 4>confessions as evidence above almost anything else. But there are circumstances,

1119
01:05:30.400 --> 01:05:33.679
<v Speaker 4>and there's now a science based on it that there

1120
01:05:33.679 --> 01:05:36.760
<v Speaker 4>are things reasons why people make false confessions that they

1121
01:05:36.760 --> 01:05:38.960
<v Speaker 4>didn't really do something, but they end up saying that

1122
01:05:39.000 --> 01:05:42.800
<v Speaker 4>they did. As a matter of fact, there's a statistic

1123
01:05:43.559 --> 01:05:48.519
<v Speaker 4>that twenty four percent of cases that are overturned by

1124
01:05:49.480 --> 01:05:53.840
<v Speaker 4>DNA evidence that is irrefutable. In twenty four percent of

1125
01:05:53.880 --> 01:05:57.360
<v Speaker 4>those cases, part of the reason why the defendant hadden

1126
01:05:57.400 --> 01:06:01.159
<v Speaker 4>Fould guilty was by a confession. So the evidence showed

1127
01:06:01.199 --> 01:06:05.079
<v Speaker 4>that they didn't do it, but because of certain factors,

1128
01:06:05.920 --> 01:06:07.400
<v Speaker 4>they had confessed to doing it.

1129
01:06:07.800 --> 01:06:09.000
<v Speaker 3>And as the defense.

1130
01:06:08.719 --> 01:06:11.719
<v Speaker 4>Learned more and more, they learned that someone like Larry

1131
01:06:11.840 --> 01:06:14.840
<v Speaker 4>who was someone who had a low IQ, wasn't best smart,

1132
01:06:15.320 --> 01:06:19.360
<v Speaker 4>who had medical issues, who wanted to do it, was

1133
01:06:19.400 --> 01:06:23.119
<v Speaker 4>somewhat of a compulsive liar, someone that wanted to please people,

1134
01:06:23.679 --> 01:06:25.880
<v Speaker 4>who wanted you if you kept asking him, asking him,

1135
01:06:25.880 --> 01:06:27.920
<v Speaker 4>he wanted to get a story that would please you.

1136
01:06:28.000 --> 01:06:30.559
<v Speaker 3>Maybe a lie, but it would please you. As they

1137
01:06:30.840 --> 01:06:31.840
<v Speaker 3>dug more and more.

1138
01:06:31.679 --> 01:06:35.440
<v Speaker 4>Into this, they decided that they wanted to introduce these

1139
01:06:35.920 --> 01:06:40.559
<v Speaker 4>two false confession experts to testify at the second trial,

1140
01:06:41.719 --> 01:06:45.960
<v Speaker 4>and they even had a briefing done for the defense

1141
01:06:46.679 --> 01:06:49.880
<v Speaker 4>where the briefing was done by someone who was also

1142
01:06:49.960 --> 01:06:54.360
<v Speaker 4>an attorney and who was an expert in false confessions,

1143
01:06:54.920 --> 01:06:58.039
<v Speaker 4>and they in that briefing said that they should definitely

1144
01:06:58.159 --> 01:07:02.559
<v Speaker 4>allow in the second trial these two experts to testify

1145
01:07:03.480 --> 01:07:07.719
<v Speaker 4>and show that this confession had been given to that

1146
01:07:07.800 --> 01:07:11.000
<v Speaker 4>the words what the What Kevin told me later on,

1147
01:07:11.119 --> 01:07:14.880
<v Speaker 4>Kevin Collins, the lead attorney, was that rather than saying

1148
01:07:15.559 --> 01:07:19.320
<v Speaker 4>concentrating on what Larry said and things like that, what

1149
01:07:19.360 --> 01:07:22.840
<v Speaker 4>they concentrated on after talking with these false confession experts

1150
01:07:22.960 --> 01:07:26.639
<v Speaker 4>was where did the information come during the confession during

1151
01:07:26.639 --> 01:07:30.280
<v Speaker 4>the interrogation that Larry said When they fighted it back

1152
01:07:30.440 --> 01:07:33.039
<v Speaker 4>and listened to it, they felt that most of the

1153
01:07:33.039 --> 01:07:35.360
<v Speaker 4>things are everything that he said tying him to the

1154
01:07:35.440 --> 01:07:39.719
<v Speaker 4>murder had been fed to him by the interrogating detectives.

1155
01:07:40.960 --> 01:07:47.519
<v Speaker 2>Wow, there was one answer that the prosecution tried to

1156
01:07:47.559 --> 01:07:51.800
<v Speaker 2>say was quite profound after all of this, Why confess

1157
01:07:51.960 --> 01:07:53.679
<v Speaker 2>to murder to your own children?

1158
01:07:55.320 --> 01:07:59.960
<v Speaker 4>Yes, that's exactly right, And that's something that's when I

1159
01:08:00.199 --> 01:08:02.800
<v Speaker 4>talked to one of the jurors from the first trial.

1160
01:08:03.639 --> 01:08:06.599
<v Speaker 4>They said, I said, what made you you know it

1161
01:08:06.679 --> 01:08:07.840
<v Speaker 4>was ten too guilty?

1162
01:08:07.880 --> 01:08:10.280
<v Speaker 3>What made you think he was guilty? And she said

1163
01:08:10.320 --> 01:08:12.000
<v Speaker 3>three confessions, she.

1164
01:08:12.039 --> 01:08:14.880
<v Speaker 4>Said, the first confession, but then when you within the

1165
01:08:14.920 --> 01:08:18.560
<v Speaker 4>next day he confessed to your two children, then that's

1166
01:08:18.560 --> 01:08:24.760
<v Speaker 4>why I felt he was guilty. So something they felt

1167
01:08:24.840 --> 01:08:27.920
<v Speaker 4>that even though he'd said that to his children, it

1168
01:08:27.960 --> 01:08:30.680
<v Speaker 4>had been put into his mind and he was now

1169
01:08:30.800 --> 01:08:32.800
<v Speaker 4>saying a false set of fact. He was relaying a

1170
01:08:32.840 --> 01:08:36.039
<v Speaker 4>false set of facts, and that's everything that all three

1171
01:08:36.079 --> 01:08:37.800
<v Speaker 4>of his confessions were false.

1172
01:08:39.359 --> 01:08:45.000
<v Speaker 2>So this trial goes different than the first trial. The

1173
01:08:45.039 --> 01:08:50.079
<v Speaker 2>defense learns has a completely different strategy and employs a

1174
01:08:50.159 --> 01:08:53.960
<v Speaker 2>couple expert witnesses to explain the phenomena of false confessions

1175
01:08:54.239 --> 01:08:55.720
<v Speaker 2>and how it applies to this case.

1176
01:08:56.359 --> 01:08:57.640
<v Speaker 3>No, the would not.

1177
01:08:57.800 --> 01:09:01.720
<v Speaker 4>The judge decided that she would not allow these false

1178
01:09:01.760 --> 01:09:07.600
<v Speaker 4>confession experts to testify I see, and she also before

1179
01:09:07.640 --> 01:09:12.319
<v Speaker 4>the case went to second trial, the defense had also

1180
01:09:12.439 --> 01:09:16.239
<v Speaker 4>asked that they removed the tag of unindicted co conspirator

1181
01:09:16.279 --> 01:09:19.319
<v Speaker 4>of Raven Bobby ray Edwards in order that he could

1182
01:09:19.319 --> 01:09:22.039
<v Speaker 4>be a witness, and the judge also sided with the

1183
01:09:22.079 --> 01:09:25.199
<v Speaker 4>prosecution on that. So even though they did not have

1184
01:09:25.279 --> 01:09:30.079
<v Speaker 4>these experts on false confessions, they basically based their case

1185
01:09:30.199 --> 01:09:33.439
<v Speaker 4>on that and showed how this was a man that

1186
01:09:33.600 --> 01:09:38.039
<v Speaker 4>was easily persuadable. It had been so many years, different memories.

1187
01:09:38.479 --> 01:09:41.560
<v Speaker 4>Although he was only arrested for one burglary, he at

1188
01:09:41.600 --> 01:09:46.359
<v Speaker 4>one time said he and his colleagues committed daytime burglaries,

1189
01:09:46.399 --> 01:09:48.760
<v Speaker 4>so he probably was involved in other ones, and that

1190
01:09:48.800 --> 01:09:51.840
<v Speaker 4>he had just gotten all the facts confused, and that

1191
01:09:51.880 --> 01:09:54.680
<v Speaker 4>when this new set of information had been presented to him,

1192
01:09:55.359 --> 01:09:56.680
<v Speaker 4>he eventually bought into it.

1193
01:09:58.920 --> 01:10:02.840
<v Speaker 2>The base basically though, the defense had a term for

1194
01:10:03.000 --> 01:10:07.720
<v Speaker 2>his mental state, but essentially you right, that was dementia.

1195
01:10:08.439 --> 01:10:13.720
<v Speaker 2>So was the jury convinced that he was suffering from dementia?

1196
01:10:14.119 --> 01:10:19.279
<v Speaker 4>No, they had a psychologist evaluate him for the defense

1197
01:10:19.760 --> 01:10:21.800
<v Speaker 4>and he felt, as you said, that he was suffering

1198
01:10:21.840 --> 01:10:26.560
<v Speaker 4>from dementia and also from depression, and the prosecution brought

1199
01:10:26.600 --> 01:10:30.920
<v Speaker 4>on a psychiatrist, an MD instead of a PhD. And

1200
01:10:31.000 --> 01:10:33.239
<v Speaker 4>what she said was that she did not feel the

1201
01:10:33.319 --> 01:10:37.920
<v Speaker 4>or any signs of dementia, that his IQ had dropped

1202
01:10:38.000 --> 01:10:41.720
<v Speaker 4>four points, which was very reasonable considering the year fifty

1203
01:10:41.720 --> 01:10:45.399
<v Speaker 4>two years had passed, and that he showed no signs

1204
01:10:45.399 --> 01:10:48.439
<v Speaker 4>of depression more than someone that was in jail would show.

1205
01:10:49.680 --> 01:10:52.840
<v Speaker 3>So I think that the prosecution.

1206
01:10:53.720 --> 01:10:56.319
<v Speaker 4>Was able to in a good way refute and just

1207
01:10:56.359 --> 01:10:59.680
<v Speaker 4>talking to the jurors to refute that argument, and that

1208
01:10:59.760 --> 01:11:01.840
<v Speaker 4>I don't think that the jury felt that this was

1209
01:11:01.840 --> 01:11:04.680
<v Speaker 4>a man who was cemented or depressed. I think this

1210
01:11:04.760 --> 01:11:07.520
<v Speaker 4>was they felt, you know, the consideration was whether or

1211
01:11:07.560 --> 01:11:10.439
<v Speaker 4>not they would come to the conclusion that he had

1212
01:11:10.880 --> 01:11:14.319
<v Speaker 4>poor memory, that he could be fed information and then

1213
01:11:14.359 --> 01:11:17.680
<v Speaker 4>to please the interrogators to get him off his back,

1214
01:11:18.239 --> 01:11:21.920
<v Speaker 4>to stop the situation that he eventually confessed to do

1215
01:11:21.960 --> 01:11:22.560
<v Speaker 4>with the murder.

1216
01:11:24.560 --> 01:11:28.159
<v Speaker 2>So let's talk about the jurors and the reaction and

1217
01:11:28.199 --> 01:11:32.720
<v Speaker 2>the verdict, and after we'll talk about Carolyn follow and

1218
01:11:32.760 --> 01:11:34.079
<v Speaker 2>her family's reaction.

1219
01:11:36.640 --> 01:11:41.479
<v Speaker 4>The a jurors went out to deliberate on a Wednesday,

1220
01:11:42.199 --> 01:11:46.680
<v Speaker 4>and they deliberated all that Wednesday, Thursday, and then Friday.

1221
01:11:47.359 --> 01:11:51.279
<v Speaker 4>The judge was getting about five o'clock in the afternoon.

1222
01:11:52.000 --> 01:11:55.399
<v Speaker 4>Judge was going to send them home for the weekend,

1223
01:11:55.439 --> 01:11:57.319
<v Speaker 4>and they said, please just give us a little bit

1224
01:11:57.399 --> 01:11:57.920
<v Speaker 4>more time.

1225
01:11:58.640 --> 01:12:03.000
<v Speaker 3>We think we're close to a verdict. So they gave him.

1226
01:12:02.920 --> 01:12:05.720
<v Speaker 4>More time, and then the jury came back into the

1227
01:12:05.800 --> 01:12:12.560
<v Speaker 4>room and the verdict was not guilty on all charges.

1228
01:12:12.640 --> 01:12:16.159
<v Speaker 3>Now it was not only first to be felonily.

1229
01:12:15.880 --> 01:12:22.520
<v Speaker 5>Murder, first degree murder, second degree murder, a conspiracy to

1230
01:12:22.520 --> 01:12:25.680
<v Speaker 5>commit murder with a conspiracy with raven to commit murder,

1231
01:12:25.840 --> 01:12:27.640
<v Speaker 5>and also burglary.

1232
01:12:27.800 --> 01:12:30.720
<v Speaker 3>Charged on all these charges, he was found and not guilty.

1233
01:12:33.800 --> 01:12:37.239
<v Speaker 2>You what was your reaction, but more importantly, what was

1234
01:12:37.319 --> 01:12:41.439
<v Speaker 2>Caroline Folo's reaction and the family's reaction.

1235
01:12:42.800 --> 01:12:44.199
<v Speaker 4>First of all, I'm going to say that the family

1236
01:12:44.279 --> 01:12:48.399
<v Speaker 4>was extremely upset and immediately went back to their hotel

1237
01:12:49.079 --> 01:12:52.600
<v Speaker 4>and left the city. They felt that justice was not

1238
01:12:52.720 --> 01:12:56.600
<v Speaker 4>served and were very upset about what had happened in

1239
01:12:56.680 --> 01:12:59.840
<v Speaker 4>the trial. I had found out a couple of pieces

1240
01:12:59.880 --> 01:13:03.560
<v Speaker 4>of additional information during the trial. This second trial. They

1241
01:13:03.600 --> 01:13:06.680
<v Speaker 4>were not brought out in the first trial at all.

1242
01:13:06.880 --> 01:13:09.079
<v Speaker 4>No one could tell me why it wasn't brought out.

1243
01:13:09.920 --> 01:13:13.000
<v Speaker 4>But going into the first trial and hearing all the

1244
01:13:13.000 --> 01:13:15.359
<v Speaker 4>others and things like that, I kind of thought it

1245
01:13:15.399 --> 01:13:17.479
<v Speaker 4>was a wash. I thought there was a good chance

1246
01:13:17.520 --> 01:13:21.399
<v Speaker 4>it could be a hung jury. Although this three confession idea,

1247
01:13:21.960 --> 01:13:25.359
<v Speaker 4>especially after talking to Katie Leggett, who was an expert

1248
01:13:25.359 --> 01:13:26.920
<v Speaker 4>at this and who had said she'd never heard an

1249
01:13:26.960 --> 01:13:28.840
<v Speaker 4>innocent person confess.

1250
01:13:29.199 --> 01:13:31.520
<v Speaker 3>I was leaning towards fact that he could be guilty.

1251
01:13:32.319 --> 01:13:33.399
<v Speaker 3>But during the second.

1252
01:13:33.199 --> 01:13:37.319
<v Speaker 4>Trial it came out that in that nineteen seventy three investigation,

1253
01:13:38.199 --> 01:13:40.840
<v Speaker 4>they had recorded several hours of it with those three

1254
01:13:41.600 --> 01:13:47.119
<v Speaker 4>police officers. But later on the next day they had

1255
01:13:47.159 --> 01:13:51.279
<v Speaker 4>taken him, taken Larry Beckersmith to the country club parking lot,

1256
01:13:52.119 --> 01:13:54.560
<v Speaker 4>and lo and behold who was there to walk at

1257
01:13:54.680 --> 01:13:57.000
<v Speaker 4>the area with him and listen to the entire story.

1258
01:13:57.039 --> 01:14:01.399
<v Speaker 4>But ow Sweat, Yeah, w Sweat, who had done forty

1259
01:14:01.479 --> 01:14:05.319
<v Speaker 4>murder cases and solved thirty nine of them. Ow Sweat,

1260
01:14:05.319 --> 01:14:10.079
<v Speaker 4>who was considered their top detective. Ow Sweat went through

1261
01:14:10.119 --> 01:14:13.319
<v Speaker 4>everything with him. He at all everything he had to say,

1262
01:14:15.119 --> 01:14:19.399
<v Speaker 4>including these pieces of evidence that the detectives Lisa Kill

1263
01:14:19.600 --> 01:14:21.079
<v Speaker 4>and Katie Leggott later seized on.

1264
01:14:22.920 --> 01:14:24.720
<v Speaker 3>But he also heard about the fact that it was

1265
01:14:25.800 --> 01:14:26.520
<v Speaker 3>a clear night.

1266
01:14:27.359 --> 01:14:30.840
<v Speaker 4>What the sheriff had been wearing where he showed him

1267
01:14:31.000 --> 01:14:33.439
<v Speaker 4>the o W Sweat where the body had been found

1268
01:14:33.560 --> 01:14:36.319
<v Speaker 4>was completely different from where the body actually had been found.

1269
01:14:37.600 --> 01:14:42.039
<v Speaker 4>Ow Sweat listened to everything that Larry had to say,

1270
01:14:42.079 --> 01:14:44.960
<v Speaker 4>and he concluded that he didn't have eyes on this.

1271
01:14:46.399 --> 01:14:52.239
<v Speaker 4>So when I heard that, up till that point, like

1272
01:14:52.279 --> 01:14:55.039
<v Speaker 4>I said, I was kind of iffy one way or

1273
01:14:55.039 --> 01:14:57.760
<v Speaker 4>the other. But when I heard, and of course I

1274
01:14:57.840 --> 01:14:59.880
<v Speaker 4>wanted a closure for the Philo family.

1275
01:15:00.279 --> 01:15:01.840
<v Speaker 3>For Carolyn Folow, I'd known.

1276
01:15:01.720 --> 01:15:04.560
<v Speaker 4>Her for over thirty years right and over this last

1277
01:15:04.640 --> 01:15:06.720
<v Speaker 4>year she said that she'd become like my mother, although

1278
01:15:06.720 --> 01:15:08.119
<v Speaker 4>she'd have to be very young to have had me

1279
01:15:08.159 --> 01:15:08.800
<v Speaker 4>to be my mother.

1280
01:15:09.560 --> 01:15:12.880
<v Speaker 3>But I had tremendous empathy for them, and I wanted

1281
01:15:12.920 --> 01:15:13.880
<v Speaker 3>them to have closure.

1282
01:15:14.720 --> 01:15:17.560
<v Speaker 4>But when I thought back through it, and I said, oh,

1283
01:15:17.640 --> 01:15:19.920
<v Speaker 4>this is the man. He wanted to close this more

1284
01:15:19.960 --> 01:15:24.520
<v Speaker 4>than anyone. He had a perfect record. You know, it'd

1285
01:15:24.560 --> 01:15:28.199
<v Speaker 4>be like having a one thousand batting average and then

1286
01:15:28.239 --> 01:15:30.760
<v Speaker 4>this is your one time you didn't make it. And

1287
01:15:30.840 --> 01:15:32.840
<v Speaker 4>he said, this man does not have did not have

1288
01:15:32.880 --> 01:15:36.880
<v Speaker 4>eyes eyeballs on the crime. He was not there, and

1289
01:15:36.920 --> 01:15:41.079
<v Speaker 4>that to me was the way the piece of evidence

1290
01:15:41.119 --> 01:15:44.159
<v Speaker 4>that threw it towards Yeah, I agree with the jury.

1291
01:15:44.880 --> 01:15:46.039
<v Speaker 3>I think he wasn't guilty.

1292
01:15:46.079 --> 01:15:47.680
<v Speaker 4>I don't know why, and no one could tell me,

1293
01:15:47.760 --> 01:15:51.159
<v Speaker 4>to my satisfaction, including Kevin Collins why I interviewed.

1294
01:15:51.960 --> 01:15:53.720
<v Speaker 3>No one could tell me why that hadn't come.

1295
01:15:53.640 --> 01:15:57.000
<v Speaker 4>Out at the first trial, but it did come out

1296
01:15:57.000 --> 01:15:59.840
<v Speaker 4>to the second trial. Interestingly enough, Bob Filo had a

1297
01:16:00.000 --> 01:16:03.399
<v Speaker 4>different take on it. He was angry at ow Sweat

1298
01:16:03.720 --> 01:16:05.640
<v Speaker 4>because he said, well, if he had heard him with

1299
01:16:06.079 --> 01:16:08.279
<v Speaker 4>that time, and it's just eighteen months after the murder,

1300
01:16:08.319 --> 01:16:11.039
<v Speaker 4>why didn't he jump in on the two pieces of

1301
01:16:11.079 --> 01:16:14.920
<v Speaker 4>evidence that he did say right that there'd been two

1302
01:16:15.000 --> 01:16:18.159
<v Speaker 4>shots and that there had been a flashlight and say

1303
01:16:18.159 --> 01:16:20.000
<v Speaker 4>that he was and have him go to trial. Then,

1304
01:16:20.920 --> 01:16:23.439
<v Speaker 4>like I said, I came to a different conclusion, and

1305
01:16:23.479 --> 01:16:26.399
<v Speaker 4>I think that the jury did also. I'm not saying

1306
01:16:26.439 --> 01:16:29.279
<v Speaker 4>that was the main thing that swayed them when you talked,

1307
01:16:29.399 --> 01:16:31.079
<v Speaker 4>when they talked to the jury, when we talked to

1308
01:16:31.119 --> 01:16:33.800
<v Speaker 4>the jury, they said the main thing that swayed them

1309
01:16:33.960 --> 01:16:36.800
<v Speaker 4>was the way the defense had gone back and shown

1310
01:16:36.880 --> 01:16:40.840
<v Speaker 4>how the detectives had said certain certain things in their interrogation,

1311
01:16:41.720 --> 01:16:45.600
<v Speaker 4>and that Larry Becker Smith had not mentioned those previously,

1312
01:16:46.039 --> 01:16:48.079
<v Speaker 4>but later on he took those as part of what

1313
01:16:48.159 --> 01:16:48.840
<v Speaker 4>he had to say.

1314
01:16:50.600 --> 01:16:53.479
<v Speaker 2>And putting that all together, you say that Kevin Collins

1315
01:16:53.479 --> 01:16:57.239
<v Speaker 2>really opened your eyes as well as with what he

1316
01:16:57.319 --> 01:17:01.560
<v Speaker 2>had to say, but also especially ow sweat and what

1317
01:17:01.680 --> 01:17:04.520
<v Speaker 2>he had said. So putting this all together, you conclude

1318
01:17:04.520 --> 01:17:08.399
<v Speaker 2>that it's likely he was innocent.

1319
01:17:08.920 --> 01:17:13.279
<v Speaker 4>Exactly although I felt after I said that, and after

1320
01:17:13.439 --> 01:17:16.640
<v Speaker 4>I wrote the book, I sent a copy to the

1321
01:17:16.680 --> 01:17:21.640
<v Speaker 4>Filos and they didn't that. They weren't happy with it,

1322
01:17:22.399 --> 01:17:26.119
<v Speaker 4>and you know, they felt it was that this was

1323
01:17:26.239 --> 01:17:28.920
<v Speaker 4>man that had done it, and this was the enclosure

1324
01:17:29.000 --> 01:17:33.239
<v Speaker 4>for them that fifty years of working to get the

1325
01:17:33.359 --> 01:17:38.840
<v Speaker 4>murderer caught who Carolyn's and murdered Carolyn's father, Bob, father

1326
01:17:38.840 --> 01:17:42.720
<v Speaker 4>in law, they were incredibly close. That's you know, how

1327
01:17:42.720 --> 01:17:45.600
<v Speaker 4>could I have come to such a conclusion, And so

1328
01:17:46.039 --> 01:17:49.399
<v Speaker 4>I had, you know, looked at everything myself, and I

1329
01:17:49.439 --> 01:17:51.640
<v Speaker 4>wasn't going to change my mind. But at the end

1330
01:17:51.720 --> 01:17:55.159
<v Speaker 4>of the book, I let Bob Filo write his thoughts

1331
01:17:55.199 --> 01:17:58.319
<v Speaker 4>about the case, and that's how the book you know,

1332
01:17:59.159 --> 01:18:00.840
<v Speaker 4>at the very end of the bok So it shows

1333
01:18:01.239 --> 01:18:04.720
<v Speaker 4>my opinion what I think. Also, I have Bob Filow

1334
01:18:04.720 --> 01:18:05.560
<v Speaker 4>writing what he thought.

1335
01:18:07.039 --> 01:18:10.039
<v Speaker 2>Well, it's understandable. I think once they have the first

1336
01:18:10.079 --> 01:18:13.279
<v Speaker 2>trial mistrial, then they have the second trial and it

1337
01:18:13.319 --> 01:18:18.079
<v Speaker 2>completely exonerates Larry Smith. You can't be happy after that,

1338
01:18:18.199 --> 01:18:19.279
<v Speaker 2>no matter what you wrote.

1339
01:18:20.159 --> 01:18:23.079
<v Speaker 4>Basically, yeah, I think you're right. I think you're right.

1340
01:18:23.199 --> 01:18:27.199
<v Speaker 4>But it was such an important thing to them, to

1341
01:18:27.319 --> 01:18:31.039
<v Speaker 4>the Filos, that he be found guilty because they felt

1342
01:18:31.600 --> 01:18:33.760
<v Speaker 4>that he was. They had been fed that, they'd been

1343
01:18:33.800 --> 01:18:36.479
<v Speaker 4>feeling this for a couple of years. They've been involved

1344
01:18:36.479 --> 01:18:40.600
<v Speaker 4>from the first time. Carolyn got the phone call saying

1345
01:18:40.640 --> 01:18:43.920
<v Speaker 4>while she was playing Bunko, saying that we found the murderer.

1346
01:18:44.119 --> 01:18:46.960
<v Speaker 3>He's confessed and where he's waived extradition, he's.

1347
01:18:46.880 --> 01:18:50.079
<v Speaker 4>Coming back to Maryland to stand trial, and everything's all

1348
01:18:50.119 --> 01:18:54.159
<v Speaker 4>set up. They were convinced that this was the closure,

1349
01:18:54.359 --> 01:18:58.079
<v Speaker 4>this was what had happened. That's as I said, I

1350
01:18:58.279 --> 01:19:02.039
<v Speaker 4>was talking to them, and until I really saw what

1351
01:19:02.159 --> 01:19:04.840
<v Speaker 4>happened in the second case and relooked at things and

1352
01:19:04.880 --> 01:19:09.399
<v Speaker 4>relooked at what are false confessions they actually do happen,

1353
01:19:10.159 --> 01:19:13.039
<v Speaker 4>you know, So after looking at things and re looking

1354
01:19:13.119 --> 01:19:15.239
<v Speaker 4>at it, and then finding out only in the.

1355
01:19:15.199 --> 01:19:18.079
<v Speaker 3>Second trial that ow Sweat had had the chance.

1356
01:19:18.479 --> 01:19:22.000
<v Speaker 4>Interestingly enough, when ow Sweat in nineteen seventy three had

1357
01:19:22.039 --> 01:19:25.520
<v Speaker 4>interviewed him and talked to him, only his interview was

1358
01:19:25.560 --> 01:19:29.039
<v Speaker 4>not recorded and they did not have any tape of that.

1359
01:19:29.159 --> 01:19:33.239
<v Speaker 4>Only the first day was recorded with the three police officers.

1360
01:19:33.600 --> 01:19:36.319
<v Speaker 4>So you wonder if the second day had been recorded

1361
01:19:37.000 --> 01:19:38.600
<v Speaker 4>if this would have gone to trial.

1362
01:19:38.840 --> 01:19:39.439
<v Speaker 3>But it wasn't.

1363
01:19:40.000 --> 01:19:43.880
<v Speaker 2>Yes, very very interesting. I want to thank you very much,

1364
01:19:44.199 --> 01:19:46.960
<v Speaker 2>Michael F. Weisberg for coming on and talking about your

1365
01:19:46.960 --> 01:19:51.720
<v Speaker 2>extraordinary A second shot the pursuit of justice in Maryland's

1366
01:19:51.720 --> 01:19:55.119
<v Speaker 2>oldest cold case murder. For those that would like to

1367
01:19:55.199 --> 01:19:58.000
<v Speaker 2>check out more about this story, do have a website

1368
01:19:58.039 --> 01:19:59.399
<v Speaker 2>or do any social media?

1369
01:20:00.159 --> 01:20:06.439
<v Speaker 4>Absolutely my website, my literary website is Michael F. As

1370
01:20:06.479 --> 01:20:14.720
<v Speaker 4>in Franklin Weisberg dot com. And the book is available

1371
01:20:15.199 --> 01:20:21.359
<v Speaker 4>on Amazon and at all bookstores. So if anyone wants

1372
01:20:21.359 --> 01:20:24.920
<v Speaker 4>to see anything about my previous two books, any other writing,

1373
01:20:25.000 --> 01:20:27.079
<v Speaker 4>short stories and things like that I've done, they can

1374
01:20:27.079 --> 01:20:29.800
<v Speaker 4>go to my website and it also has a link

1375
01:20:29.840 --> 01:20:31.479
<v Speaker 4>that'll take them to buy the book as well.

1376
01:20:32.880 --> 01:20:37.760
<v Speaker 2>That's fantastic second shot. The pursuit of justice in Maryland's

1377
01:20:37.800 --> 01:20:41.720
<v Speaker 2>oldest cold case murder. Michael F. Weisberg, thank you so

1378
01:20:41.840 --> 01:20:43.920
<v Speaker 2>much for this interview, and you have a great evening

1379
01:20:44.199 --> 01:20:48.119
<v Speaker 2>and good night, right Dan, thank you, thank you,
