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<v Speaker 2>You are now listening to True Murder, The most shocking

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<v Speaker 2>Killers in True crime History and the authors that have

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<v Speaker 2>written about him Gasey Bundy, Dahmer, The Nightstalker DTK. Every

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<v Speaker 2>week another fascinating author talking about the most shocking and

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<v Speaker 2>infamous killers in true crime history. True Murder with your

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<v Speaker 2>host journalist and author Dan Zufanski.

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<v Speaker 3>Good Evening. Criminal defense lawyer Lisa Peebles was taken aback

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<v Speaker 3>by a secretly recorded phone call and police interrogation video

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<v Speaker 3>that surfaced in a twenty year old kidnapping case. They

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<v Speaker 3>held the stench of a cover up. She recruited in

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<v Speaker 3>a vest negative reporter to help unearth the truth and

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<v Speaker 3>exonerate Gary Thibodeaux, the man convicted in the nineteen ninety

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<v Speaker 3>four kidnapping and murder of eighteen year old Heidi Allen.

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<v Speaker 3>Scrapped justice and a teen informant exposes the underbelly of

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<v Speaker 3>a system built more for finality than justice. It's the

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<v Speaker 3>true story of people's pursuit of new evidence against three

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<v Speaker 3>new suspects and her discovery that Heidie had lived a

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<v Speaker 3>double life convenience store cashier and undercover informant. The sheriff's

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<v Speaker 3>office hid the truth about her death as the real

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<v Speaker 3>killers Rome Free. Peebles became a de facto prosecutor to

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<v Speaker 3>prove their guilt in Gary's innocence, as Heidie's family stood

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<v Speaker 3>by the sheriff, who remains were likely secreted right under

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<v Speaker 3>their noses, probably inside a scrap van and ship to

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<v Speaker 3>a car shredder in Canada. The book that we're featuring

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<v Speaker 3>this evening is Scrapped Justice and the team informant with

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<v Speaker 3>my Rush. Your guests, Lisa Peebles and John O'Brien, Welcome

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<v Speaker 3>to the program, and thank you so much for this interview.

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<v Speaker 3>Lisa Peebles and John O'Brien.

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<v Speaker 4>Thanks Dan, thank you, thank you so much.

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<v Speaker 3>This is an incredible story. As I mentioned, this is

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<v Speaker 3>an extraordinary Let's get right to your background, Lisa, and

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<v Speaker 3>before we talk about your background, John, just for our

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<v Speaker 3>audience to understand who you were before this incredible April third,

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<v Speaker 3>nineteen ninety four event.

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<v Speaker 4>Be sure.

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<v Speaker 5>Yeah, I'm the federal Public Defender for the Northern District

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<v Speaker 5>of New York and I've been working in this office

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<v Speaker 5>and the capacity as a defense attorney for twenty two years.

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<v Speaker 5>When Gary's case was brought to my attention, a colleague

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<v Speaker 5>of mine had been in private practice and she had

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<v Speaker 5>been representing him when new evidence servest. By that time,

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<v Speaker 5>I was the head of the office, so that's when

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<v Speaker 5>we started exploring avenues to pursue on behalf of Gary

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<v Speaker 5>when that new evidence came to our attention. I sit

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<v Speaker 5>in Syracuse, New York, and the case involving the kidnapping

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<v Speaker 5>of Heidi Allen happened in Oswego County, which is about

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<v Speaker 5>forty five minutes from Syracuse. In the Oswego County is

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<v Speaker 5>located within the Northern District of New York, which is

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<v Speaker 5>part of the territory that our office covers.

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<v Speaker 3>Your background, John, Yeah, So, I.

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<v Speaker 4>Was a reporter for the newspaper in Syracuse for thirty years.

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<v Speaker 4>I last ten years I was there. I was an

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<v Speaker 4>investigative reporter and one of the one of the things

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<v Speaker 4>I covered was federal court. So I would often harass

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<v Speaker 4>Lisa whenever I saw her and said, hey, you got

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<v Speaker 4>any stories for me? And she was very friendly and nice,

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<v Speaker 4>but she often said no. But then one day she said, hey,

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<v Speaker 4>I have something brewing that you might you're definitely going

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<v Speaker 4>to know about. And it took months for me to

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<v Speaker 4>finally get out get it out of her about this

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<v Speaker 4>new evidence in the Heidilan case, which was a very

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<v Speaker 4>big case in not just Swego County but all of

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<v Speaker 4>central New York for years.

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<v Speaker 3>Tell us John about Easter Sunday morning, April third, nineteen

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<v Speaker 3>ninety four and the DNW convenience store and a person

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<v Speaker 3>at that store flagging down a passing deputy. Take us back.

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<v Speaker 4>So, Heidi Allen was an eighteen year old cashier who

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<v Speaker 4>worked at the D ANDW and Easter morning customers came

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<v Speaker 4>in and realized that they were trying to buy their

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<v Speaker 4>paper or whatever items they were buying, realized there was

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<v Speaker 4>no clerk there, and they looked around the store, and

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<v Speaker 4>one man realized that there might be a problem. They

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<v Speaker 4>saw her keys on the counter, I believe, and then

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<v Speaker 4>he went outside and flagged down a passing sheriff's deputy

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<v Speaker 4>who came in and then looked again for the cashier

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<v Speaker 4>for Heidi and couldn't find her. And that's when they

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<v Speaker 4>realized something may something untoward may have happened.

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<v Speaker 3>Now, how did police proceed with this, and they say

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<v Speaker 3>they already had somebody flag down a deputy. So how

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<v Speaker 3>did the police proceed with finding out what had happened

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<v Speaker 3>to this woman?

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<v Speaker 4>Well, they pretty quickly cordoned off the area as a

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<v Speaker 4>possible crime scene, and then they began a search. Within

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<v Speaker 4>an hour and a half, they started searching in the area,

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<v Speaker 4>and the search grew as people in the area found out.

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<v Speaker 4>Her family was told that she's missing, they got involved.

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<v Speaker 4>They quickly. The family did put up missing posters for Heidi.

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<v Speaker 4>The sheriff's office got search teams together and found no

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<v Speaker 4>sign of her. Her car was left there in the

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<v Speaker 4>parking lot, and it looked like she something must have

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<v Speaker 4>happened to her. They the Sheriff's office that day was

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<v Speaker 4>contacted by the New York State Police, which has a

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<v Speaker 4>lot more resources available and more experienced the death fears.

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<v Speaker 4>The sheriff themselves, Charles Nellis, told the state Police, we

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<v Speaker 4>got this, we're handling it. So the state police backed

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<v Speaker 4>off and did not get involved. One thing that Sheriff's

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<v Speaker 4>office did not do, which most police departments would do,

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<v Speaker 4>and it just makes common sense. They did not set

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<v Speaker 4>up roadblocks anywhere that first day, So it was kind

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<v Speaker 4>of odd.

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<v Speaker 3>M hm. Now, Lisa, how did what did police think

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<v Speaker 3>they discovered or what did did they discover? And then

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<v Speaker 3>where was their investigation leading in terms of suspects?

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<v Speaker 5>Almost immediately initially, they did notice a treadmark in the

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<v Speaker 5>near the front entrance of the store, so they did

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<v Speaker 5>take an imprint of the treadmark, but aside from that,

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<v Speaker 5>there was no real evidence to even suggest that she

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<v Speaker 5>was forced, that Heidi had been forcibly taken. Her keys

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<v Speaker 5>were on the counter, along with her purse, and as

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<v Speaker 5>John mentioned, her car was in the parking lot, so

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<v Speaker 5>they didn't have a whole lot to go on. They

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<v Speaker 5>set up a command center early on and the missing posters.

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<v Speaker 5>As John suggested, the family knew she wouldn't have run

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<v Speaker 5>off because she had a close relationship with a boyfriend

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<v Speaker 5>who had been with her earlier that morning at the

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<v Speaker 5>store with her she had plans to meet up with

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<v Speaker 5>his family for Easter dinner. They knew right away that,

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<v Speaker 5>you know, some something like John mentioned, sinister must have

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<v Speaker 5>happened or something was you know, something was definitely wrong.

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<v Speaker 5>But early on they had zero leads. They were really

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<v Speaker 5>just scrambling trying to figure out what could have happened

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<v Speaker 5>to her as far as you know, as far as

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<v Speaker 5>the Sheriff's department was concerned. When they actually started kind

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<v Speaker 5>of targeting Richard Thibodeaux. He was a gentleman who had

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<v Speaker 5>gone into the store and made the last purchase. But

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<v Speaker 5>at the time they didn't know who made the last purchase.

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<v Speaker 5>They saw a purchase of two packs of cigarettes on

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<v Speaker 5>the register at seven point forty two. That was the

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<v Speaker 5>time that was on the register tape, so they had

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<v Speaker 5>they knew the time of the last purchase. They had

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<v Speaker 5>the treadmark in front of the store, and they had

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<v Speaker 5>an individual who had come forward saying he was at

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<v Speaker 5>the and walked past a gentleman in a van, but

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<v Speaker 5>you know, and sort of describe he had a baseball

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<v Speaker 5>hat on, but didn't see anybody else in the van

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<v Speaker 5>or any anything of that nature. So it wasn't until

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<v Speaker 5>a couple weeks later where they put out a reward

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<v Speaker 5>for twenty thousand dollars and an eyewitness then came forward

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<v Speaker 5>and said, and his name was Christopher Bivens. He said

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<v Speaker 5>he was driving by the store and he saw two men.

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<v Speaker 5>One was a burly, heavy set individual taller than the

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<v Speaker 5>victim putting a girl in a bear hug and forcing

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<v Speaker 5>her into a van, and that there was another person

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<v Speaker 5>who he described as possibly older, who opened the door

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<v Speaker 5>and put her in the van, but he didn't stop.

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<v Speaker 5>He kept going and he never came forward until the

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<v Speaker 5>reward money went out, and he was provided a photo

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<v Speaker 5>of the van, and he said it was the right

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<v Speaker 5>style but the wrong color, and that was his first

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<v Speaker 5>statement to police. And he described the individual the men

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<v Speaker 5>involved as being over five eleven or six foot tall.

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<v Speaker 5>And then they took him by Richard's van and again

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<v Speaker 5>he said he wasn't sure, but they told him to

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<v Speaker 5>go home and sleep on it, which and then call

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<v Speaker 5>him and let him know in the morning, because he

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<v Speaker 5>said maybe he was eighty percent sure. By the time

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<v Speaker 5>the Sheriff's department was done showing Richard's van three or

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<v Speaker 5>four times to Christopher Bivens, he was then one hundred

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<v Speaker 5>percent sure that that was the van he saw that

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<v Speaker 5>day when he was driving by the DNW there is

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<v Speaker 5>That's how Richard became They identified him as the person

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<v Speaker 5>with the last purchase. But I would note that Richard

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<v Speaker 5>called that mourning shortly after the kidnapping, when he saw

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<v Speaker 5>a scroll across the television set that the convenience store

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<v Speaker 5>worker had been as missing, and he called the Sheriff's

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<v Speaker 5>department to identify himself as having been at the store

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<v Speaker 5>that morning. And it was by ten o'clock when Sheriff's

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<v Speaker 5>deputy Van Patten showed up to Richard Thibodeau's relative's house

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<v Speaker 5>where they were having an Easter celebration, where they took

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<v Speaker 5>a statement from Richard, and the van was there in

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<v Speaker 5>the driveway, and he also showed the pack of cigarettes

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<v Speaker 5>that he had purchased that morning and he gave a statement.

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<v Speaker 5>So that's essentially how Richard became on the radar screen

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<v Speaker 5>of the Sheriff's department as a possible suspect in the case.

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<v Speaker 4>Yes, not exactly the exactly the actions of a kidnapper

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<v Speaker 4>to call the police and say, hey, I was.

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<v Speaker 3>There right now. When is it that you find out

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<v Speaker 3>or when is it public knowledge or rumor that Heidi

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<v Speaker 3>was a undercover informant?

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<v Speaker 5>So early on, I was not involved in the case

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<v Speaker 5>at all, and what I would see as snippets, and

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<v Speaker 5>I was a young attorney when that when Heidi was kidnapped,

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<v Speaker 5>and I remembered reading something about two brothers being suspects,

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<v Speaker 5>and not much more was revealed other than that there

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<v Speaker 5>was rumors because of a report that one of the

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<v Speaker 5>defense lawyers for Richard Thibodeaux, which was Bill Walsh, he

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<v Speaker 5>saw in a report there was a reference to Heidi

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<v Speaker 5>Allen being an informant and that her informant file would

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<v Speaker 5>be locked up in a safe location within the Sheriff's department.

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<v Speaker 5>And when that was brought to the court's attention during

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<v Speaker 5>the early stages after the Thibodeaux brothers were arrested, they

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<v Speaker 5>wanted to know where's this file. We want to know

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<v Speaker 5>this file, and they were told and it was publicly

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<v Speaker 5>put out there. Well, the sheriff's deputy who wrote that

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<v Speaker 5>was mistaken because there is no file and she was

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<v Speaker 5>never an informant, and that was the information that was

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<v Speaker 5>relaid to the defense attorneys. So that is where it

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<v Speaker 5>ended that they were asserting that that was a mistake,

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<v Speaker 5>that she wasn't an informant and there was no file,

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<v Speaker 5>and for all those years that's what will believed.

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<v Speaker 3>Now tell us how she became a drug informant as

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<v Speaker 3>you discover.

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<v Speaker 4>Well that will be probably John, you take that part, okay, Yeah,

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<v Speaker 4>So she was fifteen years old and she was babysitting

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<v Speaker 4>for her cousin's young daughter, one year old daughter, I believe, uh,

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<v Speaker 4>and she went Heidi took the child with her to

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<v Speaker 4>a drinking party and left the child in the car,

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<v Speaker 4>and the police were notified and she was they were

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<v Speaker 4>investigating her, possibly going to charge her with dagering the

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<v Speaker 4>welfare of a child and you know, possibly facing charges

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<v Speaker 4>in the family corps because Heidi was under sixteen. But

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<v Speaker 4>instead of that her Heidi's uncle, Russell Sturtz, who was

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<v Speaker 4>a town judge and a knew some of the deputies

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<v Speaker 4>personally there were whose friends with them. He went to

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<v Speaker 4>the sheriff's office and said, look, instead of getting having

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<v Speaker 4>her charge with any how about she worked as a

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<v Speaker 4>confidential informant for you in drug cases. And and that's

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<v Speaker 4>what happened. But of course that didn't come up back then,

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<v Speaker 4>that connection and then she that's how she started. She

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<v Speaker 4>was like sixteen when she started. So she then she

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<v Speaker 4>started handing over information about drug drug dealers in the area.

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<v Speaker 3>And you found that this was an unusual age for

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<v Speaker 3>confidential informants to be employed by police, wasn't it.

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<v Speaker 4>Yes, yeah, we talked to other police agencies who said

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<v Speaker 4>that absolutely they have never, had, never, and never would

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<v Speaker 4>use someone that young. It's just too dangerous. But if well, well,

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<v Speaker 4>the we checked the DEA standard operating procedures and on cases,

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<v Speaker 4>and they said that if they if the DEA agent

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<v Speaker 4>ever wanted to use anyone under eighteen as an undercover informant,

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<v Speaker 4>they would have to get special permission and the parents

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<v Speaker 4>would have to be involved. And an expert I talked

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<v Speaker 4>to said that if they ever did, they would be

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<v Speaker 4>very careful to have keep a tight rain on that

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<v Speaker 4>person so that they could protect them and HEIGHTI got

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<v Speaker 4>none of that. And the kin Sheriff's Office, we looked

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<v Speaker 4>at their standard operating procedures, they had nothing about protecting

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<v Speaker 4>underage or other informants, and nothing about how old an

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<v Speaker 4>informant had to be.

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<v Speaker 5>Yeah. In fact, her identity as an informant was exposed

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<v Speaker 5>because the handling deputy and charge dropped her file, her polaroid,

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<v Speaker 5>her pedigree information. All of that was dis dropped in

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<v Speaker 5>the parking lot, ironically in the place she was working

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<v Speaker 5>as a convenience store cashier, so that information was picked

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<v Speaker 5>up from the parking lot. The Sheriff's department was called

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<v Speaker 5>and they retrieved those documents and took them back to

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<v Speaker 5>the Sheriff's department. But at no time was Heidi even

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<v Speaker 5>told that her identity had been exposed in that parking lot.

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<v Speaker 5>And it got out and people it became common to

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<v Speaker 5>those people in the community, particularly in the drug universe,

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<v Speaker 5>that Heidi was an informant, and she was labeled a rat.

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<v Speaker 3>Now you write that, well, police know this, Police know

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<v Speaker 3>of her role as a police informant, and they obviously

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<v Speaker 3>know that Van Patten, one of the officers or sheriff deputies,

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00:18:47.240 --> 00:18:50.839
<v Speaker 3>dropped her information in the parking lot where she worked. Now,

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<v Speaker 3>despite that, how do police continue their investigation and focus

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<v Speaker 3>on the Thibodeaux brothers.

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<v Speaker 5>Well, I'd say this too, just to be clear that

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<v Speaker 5>when that information about Heidi had been dropped in the

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<v Speaker 5>parking lot, she wasn't working there yet. It was almost

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<v Speaker 5>about a year and a half before she even started

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<v Speaker 5>working at the convenience store that her information had been exposed.

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<v Speaker 5>So it just was kind of ironic that it happened

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<v Speaker 5>in the very parking lot where she would eventually wind

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<v Speaker 5>up working. In terms of why that information was brushed

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<v Speaker 5>aside the best I can gather. First of all, the

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<v Speaker 5>Sheriff's Department would never want to be responsible for someone's abduction,

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<v Speaker 5>particularly if they were the ones that were careless or

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00:19:41.000 --> 00:19:46.799
<v Speaker 5>reckless with her information. But also they were of the

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<v Speaker 5>opinion that they didn't really use her in the capacity

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00:19:50.400 --> 00:19:54.359
<v Speaker 5>as quote unquote and informant, so therefore they weren't really

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<v Speaker 5>worried about the fact that they exposed her identity, which

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00:19:58.240 --> 00:20:00.599
<v Speaker 5>sort of is beside the point, because people that know

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<v Speaker 5>about her identity or having been signed up as an

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00:20:03.359 --> 00:20:06.920
<v Speaker 5>informant aren't going to know or care in what capacity

300
00:20:07.000 --> 00:20:08.920
<v Speaker 5>they were using her. They're just going to know that

301
00:20:09.000 --> 00:20:11.799
<v Speaker 5>she's working with the Sheriff's Department. It puts her at risk.

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00:20:12.279 --> 00:20:15.279
<v Speaker 5>It was kind of lost on them. They wanted to

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00:20:15.440 --> 00:20:18.200
<v Speaker 5>just kind of brush it under the rug and act

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<v Speaker 5>as if it was not a big deal, and then

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<v Speaker 5>not to tell her and or her family members, including

306
00:20:25.559 --> 00:20:28.000
<v Speaker 5>as far as I can tell, they never told her

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00:20:28.079 --> 00:20:30.759
<v Speaker 5>uncle Russell Sturtz that they had done that either, so

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00:20:31.359 --> 00:20:36.119
<v Speaker 5>you know, in all respects it was just a real

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00:20:36.440 --> 00:20:39.599
<v Speaker 5>reckless thing that they did, and then thereafter failed to

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<v Speaker 5>take any actions or proactive steps to ensure her safety

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<v Speaker 5>or to even let her know.

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<v Speaker 4>Yeah, and on that point about you know that they

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<v Speaker 4>claimed that she never really was an informant. We have

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00:20:52.799 --> 00:20:57.519
<v Speaker 4>interviews of it at least three people, her boyfriend, a coworker,

315
00:20:57.680 --> 00:21:02.079
<v Speaker 4>and a close friend who said that Heidi was telling

316
00:21:02.200 --> 00:21:06.440
<v Speaker 4>them that she was concerned about the informing she was doing.

317
00:21:06.480 --> 00:21:10.640
<v Speaker 4>She was concerned about a certain dangerous sky nearby. She

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00:21:10.759 --> 00:21:13.440
<v Speaker 4>was concerned the sheriff's elves wanted to use her in

319
00:21:14.880 --> 00:21:19.200
<v Speaker 4>more serious drugs cases, and she expressed a lot of

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00:21:19.200 --> 00:21:22.200
<v Speaker 4>concern about that leading up to the kidnapping. So for

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<v Speaker 4>them to say that we never used her, these people

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00:21:24.599 --> 00:21:30.160
<v Speaker 4>aren't making this up. One of them was the niece

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<v Speaker 4>of the then under sheriff who later became Sheriff Mo Todd,

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<v Speaker 4>and she, after the kidnapping, told her uncle about Hedi's

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00:21:39.160 --> 00:21:44.359
<v Speaker 4>concerns about informing, and the sheriff, according to her, just

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<v Speaker 4>brushed it off. The under sheriff at the time.

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<v Speaker 5>Yeah, we also had a witness who we subpoened. We

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<v Speaker 5>had to force into court because Van Patten showed up

329
00:21:56.359 --> 00:22:00.640
<v Speaker 5>and his place of employment and was sniffing around asking

330
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<v Speaker 5>if he had any information about drug dealing. Because they

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<v Speaker 5>had a female informant that was about to make a

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<v Speaker 5>big bus and this witness was quoted as saying, and

333
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<v Speaker 5>then wham, Heidi went missing.

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<v Speaker 4>Yeah, and it was he said it was in the

335
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<v Speaker 4>New Haven area, which is right where the story is,

336
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<v Speaker 4>New Haven, New York. Yeah.

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<v Speaker 3>So let's get to how finally Gary and Dick Thibodeaux

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<v Speaker 3>are charged for this kidnapping. Tell us, I mean, I

339
00:22:33.880 --> 00:22:36.000
<v Speaker 3>know we're fast forward through a lot of information, but

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00:22:36.680 --> 00:22:39.279
<v Speaker 3>how does it get to this point? And tell us

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<v Speaker 3>a little bit about the actual arrest?

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<v Speaker 4>Lisa, you want to do it, John, go ahead? Okay, Well,

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<v Speaker 4>so Lisa talks about this witness, Chris Bevans, who whose

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<v Speaker 4>testimony or who met whose whose statements changed a lot

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00:22:56.319 --> 00:22:59.960
<v Speaker 4>over time. But because of him, the Sheriff's off as

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<v Speaker 4>really focused on first Dick Thibodeaux, because they just got

347
00:23:05.119 --> 00:23:07.480
<v Speaker 4>him to say basically that that was likely the ban

348
00:23:07.680 --> 00:23:12.279
<v Speaker 4>he saw that Vivin saw that day. So they they

349
00:23:14.799 --> 00:23:18.039
<v Speaker 4>Dick was driving with his brother in law one day

350
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<v Speaker 4>and the cops swarmed over him, guns pointed and arrested him. Gary.

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<v Speaker 4>They needed to have two people, and they found out

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<v Speaker 4>that they had a brother because Bivens said he saw

353
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<v Speaker 4>two guys, and so they didn't have enough Gary. So

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<v Speaker 4>what they they arrested him, Well, they picked him up

355
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<v Speaker 4>on a drug charge out of Massachusetts which was pending

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00:23:48.359 --> 00:23:53.640
<v Speaker 4>against Gary and his girlfriend, Sharon Raposa. So they had

357
00:23:53.720 --> 00:23:57.359
<v Speaker 4>they picked him up and had him extradited to Massachusetts,

358
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<v Speaker 4>which is it was a misdemeanor drug charge, which lawyers

359
00:24:00.960 --> 00:24:04.359
<v Speaker 4>I've talked you said, that's unheard of to be extradited

360
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<v Speaker 4>for that. But they got him into a jail in Massachusetts,

361
00:24:08.640 --> 00:24:13.519
<v Speaker 4>and when he was released from there, they tracked down

362
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<v Speaker 4>a couple of inmates who were near him in jail

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00:24:18.640 --> 00:24:23.720
<v Speaker 4>and got them to say that Gary had made admissions

364
00:24:24.400 --> 00:24:29.039
<v Speaker 4>about about the kidnapping and he was then charged.

365
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<v Speaker 5>They were and they weren't. Yeah, and it wasn't admissions.

366
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<v Speaker 5>It was incriminating statements. It wasn't they had They didn't.

367
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<v Speaker 5>They never said that he admitted being involved in the kidnapping.

368
00:24:43.720 --> 00:24:49.079
<v Speaker 5>And the interesting part about that was these particular inmates

369
00:24:49.079 --> 00:24:52.400
<v Speaker 5>were listening to Gary on the phone with his family

370
00:24:53.400 --> 00:24:56.000
<v Speaker 5>trying to find out what was going on because he

371
00:24:56.119 --> 00:24:59.079
<v Speaker 5>knew at that point that he was a suspect. Because

372
00:24:59.079 --> 00:25:01.680
<v Speaker 5>it's it made the p papers and they were executing

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00:25:01.759 --> 00:25:05.640
<v Speaker 5>search warrants at his property and they were searching an

374
00:25:05.640 --> 00:25:09.640
<v Speaker 5>old furnace with all these ashes and burn particles. So

375
00:25:10.240 --> 00:25:13.279
<v Speaker 5>he was getting this information and he was relaying it

376
00:25:13.359 --> 00:25:16.240
<v Speaker 5>because they were trying to find out why he was

377
00:25:16.279 --> 00:25:20.079
<v Speaker 5>in and he was explaining that he was targeted as

378
00:25:20.119 --> 00:25:26.279
<v Speaker 5>a suspect in this kidnapping. And these two particular inmates

379
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<v Speaker 5>thereafter were approached by sheriff's deputies after Gary and Sharon

380
00:25:31.799 --> 00:25:35.480
<v Speaker 5>were released on the misdemeanor drug possession charges that they

381
00:25:35.519 --> 00:25:39.440
<v Speaker 5>had pending out Massachusetts. So Gary was already home, Sharon

382
00:25:39.559 --> 00:25:42.359
<v Speaker 5>was already home, and the sheriff's deputies tried to find

383
00:25:42.359 --> 00:25:47.559
<v Speaker 5>out who was in the facility with Gary, and as

384
00:25:47.640 --> 00:25:51.400
<v Speaker 5>John mentioned, they said, he made incriminating statements like she

385
00:25:51.960 --> 00:25:55.359
<v Speaker 5>they won't find her because she's Heidie's dead, or she

386
00:25:55.519 --> 00:25:58.519
<v Speaker 5>was killed with a fold up army type shovel. Which

387
00:25:58.559 --> 00:26:00.880
<v Speaker 5>we point out in the book was the case was

388
00:26:00.880 --> 00:26:04.680
<v Speaker 5>happening simultaneous with the O. J. Simpson case and the investigation,

389
00:26:05.279 --> 00:26:08.519
<v Speaker 5>and it was ironic because in the newspaper clippings they

390
00:26:08.559 --> 00:26:11.559
<v Speaker 5>mentioned a fold up army type shovel that they were

391
00:26:11.599 --> 00:26:17.000
<v Speaker 5>testing for DNA evidence, and in the O J. Simpson case.

392
00:26:17.079 --> 00:26:19.680
<v Speaker 5>So then that became this army fulled up shovel that

393
00:26:19.839 --> 00:26:22.079
<v Speaker 5>you know, Gary said she was hit with or something

394
00:26:22.119 --> 00:26:25.000
<v Speaker 5>of that to that, you know, hinting around that that's

395
00:26:25.039 --> 00:26:29.720
<v Speaker 5>what was used to kill Heidi Allen. So that's how

396
00:26:30.319 --> 00:26:34.240
<v Speaker 5>Gary wound up being arrested. The only evidence that they

397
00:26:34.279 --> 00:26:36.799
<v Speaker 5>had there was nobody that plays Gary at the store.

398
00:26:37.640 --> 00:26:40.599
<v Speaker 5>No one identifies Gary ever being there. It was just

399
00:26:40.680 --> 00:26:46.160
<v Speaker 5>these two jailhouse informants who made these statements that thereafter

400
00:26:46.359 --> 00:26:50.720
<v Speaker 5>provided the Sheriff's department with evidence to you know, if

401
00:26:50.720 --> 00:26:52.920
<v Speaker 5>you want to call it, that, to arrest Gary and

402
00:26:53.000 --> 00:26:54.519
<v Speaker 5>charge him along with Dick.

403
00:26:55.640 --> 00:26:59.200
<v Speaker 4>And as is often the case, like almost always the case,

404
00:26:59.559 --> 00:27:03.119
<v Speaker 4>these in it's got a deal on their own pending

405
00:27:03.240 --> 00:27:10.279
<v Speaker 4>charges in exchange for their testimony. Yep, and something else.

406
00:27:14.839 --> 00:27:16.640
<v Speaker 4>Now you take this, Can I just say one more thing?

407
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<v Speaker 4>One more thing, just sure, Goad, Well, just the least

408
00:27:20.200 --> 00:27:23.200
<v Speaker 4>that pointed out that Gary was never nobody has placed

409
00:27:23.240 --> 00:27:26.160
<v Speaker 4>in there, and that there was almost no evidence. The

410
00:27:26.359 --> 00:27:29.559
<v Speaker 4>Sheriff's office also did a complete sweep of the van

411
00:27:30.920 --> 00:27:36.079
<v Speaker 4>for anything, looking for anything that would link Heidi to it, hair,

412
00:27:36.720 --> 00:27:39.759
<v Speaker 4>blood or whatever, so lot of it they could find nothing,

413
00:27:41.599 --> 00:27:43.359
<v Speaker 4>so nothing of her in there at all.

414
00:27:45.480 --> 00:27:50.640
<v Speaker 3>Yeah, despite no forensic evidence tying Gary or Dick to

415
00:27:50.759 --> 00:27:53.559
<v Speaker 3>this at all. With Gary was the first person to

416
00:27:53.599 --> 00:27:58.039
<v Speaker 3>go to trial, and Dick would go second. You read

417
00:27:58.079 --> 00:28:02.160
<v Speaker 3>the trial transcripts, if you were in that courtroom at

418
00:28:02.200 --> 00:28:05.920
<v Speaker 3>that time, what would you have what would you have

419
00:28:05.960 --> 00:28:14.400
<v Speaker 3>guessed would have been the outcome? Based on the proceedings themselves, Lisa.

420
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<v Speaker 5>Well, I would say that they clearly didn't prove guilt

421
00:28:18.279 --> 00:28:22.039
<v Speaker 5>beyond a reasonable doubt based on the information that was

422
00:28:22.079 --> 00:28:26.240
<v Speaker 5>presented to and the evidence presented to the jury. And

423
00:28:26.279 --> 00:28:30.680
<v Speaker 5>we since the conviction. John actually interviewed one of the

424
00:28:30.720 --> 00:28:33.920
<v Speaker 5>jurors who said, well, we figured he must have done

425
00:28:34.000 --> 00:28:36.559
<v Speaker 5>something that the sheriff must know something we don't know,

426
00:28:36.720 --> 00:28:40.279
<v Speaker 5>because why would they have arrested him, So they voted guilty.

427
00:28:40.680 --> 00:28:43.480
<v Speaker 5>I mean that was sort of the mindset of the

428
00:28:43.559 --> 00:28:47.079
<v Speaker 5>jurors thinking, well, something must have happened because you know.

429
00:28:47.119 --> 00:28:50.359
<v Speaker 5>And then of course Christopher Bivens was testifying that he

430
00:28:50.480 --> 00:28:52.839
<v Speaker 5>was one hundred percent confident that that was the van

431
00:28:53.000 --> 00:28:56.480
<v Speaker 5>he saw, although his testimony was completely incredible when you

432
00:28:56.519 --> 00:28:59.880
<v Speaker 5>look at what he originally stated when he called, when

433
00:28:59.880 --> 00:29:02.359
<v Speaker 5>he made his first call, in how his you know,

434
00:29:02.440 --> 00:29:07.279
<v Speaker 5>his test, his statements kind of evolved. So that was it.

435
00:29:07.319 --> 00:29:09.720
<v Speaker 5>That was a sum total of their evidence and the

436
00:29:09.759 --> 00:29:12.720
<v Speaker 5>mentality of the jurors at the time, and the community

437
00:29:12.720 --> 00:29:15.920
<v Speaker 5>outrage that this eighteen year old young woman was kidnapped.

438
00:29:17.359 --> 00:29:21.519
<v Speaker 5>You know, that's how they viewed it. And I think

439
00:29:21.599 --> 00:29:26.039
<v Speaker 5>that if I were looking at the record, there clearly

440
00:29:26.200 --> 00:29:29.960
<v Speaker 5>was not enough evidence to suggest that Gary had anything

441
00:29:30.000 --> 00:29:32.279
<v Speaker 5>to do. There was no motive. They could never point

442
00:29:32.319 --> 00:29:37.720
<v Speaker 5>to a single reason why Gary and or Richard would

443
00:29:37.759 --> 00:29:40.440
<v Speaker 5>have ever been involved in the kidnapping of Heidi Allen.

444
00:29:41.480 --> 00:29:44.359
<v Speaker 4>And I could say I lived in the area that's

445
00:29:44.359 --> 00:29:48.039
<v Speaker 4>in Mexico, New York, which is right near Newhaven back then,

446
00:29:48.079 --> 00:29:50.599
<v Speaker 4>and I remember I didn't wasn't covering it as a reporter,

447
00:29:51.000 --> 00:29:53.200
<v Speaker 4>but I remember the talk in town was, well, he's

448
00:29:53.240 --> 00:29:55.559
<v Speaker 4>going to be before the verdict came in, he's going

449
00:29:55.599 --> 00:29:58.319
<v Speaker 4>to be acquitted. It's just they haven't presented any evidence,

450
00:29:58.559 --> 00:30:02.319
<v Speaker 4>and you know, we're just stunned that he was convicted.

451
00:30:02.480 --> 00:30:05.680
<v Speaker 4>One that was most stunned was Gary himself. And there's

452
00:30:05.720 --> 00:30:08.039
<v Speaker 4>a picture in the book of his reaction. He throws

453
00:30:08.079 --> 00:30:11.079
<v Speaker 4>his head back, his mouth is open, he's just absolutely

454
00:30:11.119 --> 00:30:14.880
<v Speaker 4>blown away. And again, this juror I interviewed years later.

455
00:30:15.759 --> 00:30:19.960
<v Speaker 4>You know, she even said that the jailhouse snitches really

456
00:30:20.000 --> 00:30:23.200
<v Speaker 4>weren't had no effect on them. They just really thought, well,

457
00:30:23.240 --> 00:30:25.759
<v Speaker 4>this is the police brought him here, they charged him,

458
00:30:25.759 --> 00:30:28.799
<v Speaker 4>they must be guilty, which of course is not the

459
00:30:28.880 --> 00:30:32.279
<v Speaker 4>standard at all credible, you know, but.

460
00:30:33.920 --> 00:30:39.440
<v Speaker 5>I'm sorry, I'll apologize. I was just going to mention

461
00:30:39.519 --> 00:30:47.480
<v Speaker 5>that jailhouse informants do increase the likelihood of conviction, even

462
00:30:47.519 --> 00:30:50.480
<v Speaker 5>though in the back of the juror's mind they may

463
00:30:50.519 --> 00:30:53.359
<v Speaker 5>not think that they're that credible, but they do in

464
00:30:53.519 --> 00:30:58.880
<v Speaker 5>fact rely on the testimony of jailhouse informants. Even though

465
00:30:58.920 --> 00:31:03.319
<v Speaker 5>I think it cuts again there, you know what they

466
00:31:03.319 --> 00:31:06.200
<v Speaker 5>would really believe in what they would want in terms

467
00:31:06.200 --> 00:31:09.839
<v Speaker 5>of evidence. It does unfortunately have a greater greater impact

468
00:31:10.200 --> 00:31:11.119
<v Speaker 5>than you would think.

469
00:31:12.400 --> 00:31:15.759
<v Speaker 4>Yeah, And on that point, we interviewed Lisa, and I

470
00:31:15.759 --> 00:31:21.680
<v Speaker 4>interviewed a former assistant DA in the Oswego County DIA's office,

471
00:31:22.319 --> 00:31:26.079
<v Speaker 4>who said that the assistant DA who handled this case,

472
00:31:26.119 --> 00:31:31.200
<v Speaker 4>Donald god, had a reputation for using jail house informants

473
00:31:31.319 --> 00:31:35.599
<v Speaker 4>in almost every case, and the prisoners, the inmates all

474
00:31:35.680 --> 00:31:37.720
<v Speaker 4>knew about it. They knew, Hey, you want to cut

475
00:31:37.720 --> 00:31:39.559
<v Speaker 4>a deel, this guy is the guy to go to.

476
00:31:39.880 --> 00:31:44.480
<v Speaker 4>So they had an incentive makeup make up claims that

477
00:31:44.519 --> 00:31:49.640
<v Speaker 4>another inmate confessed to them.

478
00:31:48.319 --> 00:31:51.240
<v Speaker 3>You right too. That One of the important things that

479
00:31:51.359 --> 00:31:54.640
<v Speaker 3>happened in this trial was and then the investigation was

480
00:31:54.680 --> 00:32:00.000
<v Speaker 3>that Chris Bivens testimony changed as terms of the high

481
00:32:00.160 --> 00:32:07.640
<v Speaker 3>description of the suspects that he reported, yes, yeah, a.

482
00:32:07.720 --> 00:32:11.920
<v Speaker 5>Thing about that. Yeah. And and the interesting thing is

483
00:32:12.359 --> 00:32:17.240
<v Speaker 5>Richard and Gary are both shorter than Heidi Allen. And

484
00:32:17.400 --> 00:32:22.839
<v Speaker 5>there you could not mistake somebody behind Heidi Allen putting

485
00:32:22.839 --> 00:32:26.200
<v Speaker 5>her in a bear hug. And the description that Vivins

486
00:32:26.240 --> 00:32:30.079
<v Speaker 5>gives is that the suspect was taller than Heidi Allen,

487
00:32:30.640 --> 00:32:34.880
<v Speaker 5>which was eleven n five eleven.

488
00:32:35.839 --> 00:32:39.039
<v Speaker 4>He had he initially put the guys at six foot

489
00:32:39.119 --> 00:32:42.640
<v Speaker 4>and even over six foot by the end, but one

490
00:32:42.680 --> 00:32:45.039
<v Speaker 4>time he was done, he had shrunk him down to

491
00:32:46.160 --> 00:32:49.960
<v Speaker 4>like five seven, which is Gary and Richard is five

492
00:32:50.200 --> 00:32:53.640
<v Speaker 4>five six five five, nowhere near what he was saying.

493
00:32:54.119 --> 00:32:57.400
<v Speaker 4>And that was that that really changed over time with

494
00:32:57.519 --> 00:33:01.200
<v Speaker 4>some coaxing from the sheriff of the theaters.

495
00:33:03.359 --> 00:33:06.880
<v Speaker 3>Now with this as well, Dick, his brother Richard was

496
00:33:06.920 --> 00:33:10.599
<v Speaker 3>supposed to go second. So what happens in his trial,

497
00:33:10.720 --> 00:33:14.359
<v Speaker 3>and he has the benefit of not having jailhouse informants

498
00:33:14.599 --> 00:33:19.119
<v Speaker 3>as part of the information against him.

499
00:33:19.400 --> 00:33:22.400
<v Speaker 4>Right he was he was acquitted, and again, like I said,

500
00:33:22.559 --> 00:33:27.759
<v Speaker 4>the big, huge difference was no jailhouse informants. But Dick,

501
00:33:28.440 --> 00:33:31.519
<v Speaker 4>once Gary was convicted, he assumed, Okay, I'm next, They're

502
00:33:31.559 --> 00:33:35.200
<v Speaker 4>going to convict me. He had no hope because he

503
00:33:35.279 --> 00:33:37.440
<v Speaker 4>knew that the evidence wasn't there. But this other jury

504
00:33:37.480 --> 00:33:42.839
<v Speaker 4>convicted his brother anyway, so they Dick had been out

505
00:33:42.880 --> 00:33:46.480
<v Speaker 4>on bail when Gary was convicted. The person who posted

506
00:33:46.480 --> 00:33:49.559
<v Speaker 4>the bail wanted it back because he might they fund

507
00:33:49.720 --> 00:33:54.440
<v Speaker 4>might flee. He was arrested again and went to trial,

508
00:33:54.759 --> 00:33:58.480
<v Speaker 4>but he was acquitted. And I did talk to his

509
00:33:58.599 --> 00:34:02.119
<v Speaker 4>jurors years later, who I think I thought to five

510
00:34:02.200 --> 00:34:06.039
<v Speaker 4>or six of them who were stunned that by the

511
00:34:06.200 --> 00:34:08.920
<v Speaker 4>lack of evidence. They were actually very kind of upset

512
00:34:08.960 --> 00:34:12.400
<v Speaker 4>about it. How could you charge this guy? And they

513
00:34:12.480 --> 00:34:16.840
<v Speaker 4>questioned how the other jury could possibly convict Gary.

514
00:34:17.000 --> 00:34:19.920
<v Speaker 5>And the other note that Richard had a bit of

515
00:34:19.920 --> 00:34:24.239
<v Speaker 5>an advantage over Gary is that right before Gary was

516
00:34:24.280 --> 00:34:27.679
<v Speaker 5>going to be sentenced, there was information that was leaked

517
00:34:27.719 --> 00:34:32.119
<v Speaker 5>to the defense team to disclose the fact that Heidi

518
00:34:32.199 --> 00:34:35.840
<v Speaker 5>Allen had kept a couple of diaries and those diaries

519
00:34:35.840 --> 00:34:40.519
<v Speaker 5>hadn't been turned over to the defense, So the defense

520
00:34:40.559 --> 00:34:44.159
<v Speaker 5>made a motion for a mistrial and thought sanctions and

521
00:34:44.320 --> 00:34:48.920
<v Speaker 5>alleged Brady violations, and the court took the diaries, looked

522
00:34:48.920 --> 00:34:54.639
<v Speaker 5>at them and basically suggested that the Thibodeaus were not

523
00:34:54.719 --> 00:34:57.840
<v Speaker 5>ever mentioned in the diary, but it was private information

524
00:34:57.920 --> 00:35:00.280
<v Speaker 5>and he wasn't inclined to turn it over and didn't

525
00:35:00.280 --> 00:35:05.800
<v Speaker 5>believe it was Brady. So in Richard's trial, the defense

526
00:35:05.880 --> 00:35:08.159
<v Speaker 5>attorney was able to argue to the jury, look, Heidi

527
00:35:08.280 --> 00:35:11.679
<v Speaker 5>kept diary and the Thibodaus were never mentioned in any

528
00:35:11.760 --> 00:35:14.400
<v Speaker 5>of her diaries as to suggests that she had no

529
00:35:15.079 --> 00:35:18.559
<v Speaker 5>contact or issues with the Thibodeaux brothers, so he had

530
00:35:18.599 --> 00:35:23.320
<v Speaker 5>that advantage. And second, he also had a report that

531
00:35:24.280 --> 00:35:30.960
<v Speaker 5>was the information about Heidi's informant status being exposed and

532
00:35:31.039 --> 00:35:33.960
<v Speaker 5>dropped in the parking lot of the DNW, although he

533
00:35:34.039 --> 00:35:38.119
<v Speaker 5>did not he was not given her informant file, and

534
00:35:38.159 --> 00:35:40.960
<v Speaker 5>they were downplaying the fact that he was an informant,

535
00:35:40.960 --> 00:35:43.039
<v Speaker 5>and they were arguing that she was never used as

536
00:35:43.039 --> 00:35:46.880
<v Speaker 5>an informant. But they never turned over the polaroid picture,

537
00:35:47.000 --> 00:35:52.400
<v Speaker 5>the pedigree, or the index card to Richard's attorney either.

538
00:35:52.760 --> 00:35:57.079
<v Speaker 5>But he did have a suggestion that would point to

539
00:35:57.159 --> 00:36:00.880
<v Speaker 5>somebody else. So Richard had an advantage over Gary as

540
00:36:00.920 --> 00:36:05.719
<v Speaker 5>far as you know, the arguments to be made as

541
00:36:05.760 --> 00:36:09.039
<v Speaker 5>to why it wasn't the Thibodeaux because as I mentioned before,

542
00:36:10.320 --> 00:36:12.360
<v Speaker 5>there was no motive and they couldn't point to a

543
00:36:12.400 --> 00:36:15.199
<v Speaker 5>motive that as to why the Thibodaus would ever have

544
00:36:15.360 --> 00:36:17.239
<v Speaker 5>been involved in kidnapping Heidi Allen.

545
00:36:21.039 --> 00:36:25.599
<v Speaker 3>Now you write about Randy Bianco, and she got involved

546
00:36:25.639 --> 00:36:30.199
<v Speaker 3>in Gary's case shortly after he was convicted. She handled

547
00:36:30.199 --> 00:36:34.679
<v Speaker 3>the appeal. Yes, tell me a little bit about Brittany

548
00:36:34.760 --> 00:36:37.519
<v Speaker 3>Link and Randy Bianco's efforts.

549
00:36:40.199 --> 00:36:42.280
<v Speaker 5>You want to take that chance, Well, I'll go ahead

550
00:36:42.280 --> 00:36:46.119
<v Speaker 5>of this. Well, she was a young girl who lived

551
00:36:46.159 --> 00:36:48.880
<v Speaker 5>across the street from Gary. It was actually kind of

552
00:36:49.480 --> 00:36:54.440
<v Speaker 5>kitty corner, It wasn't directly across the street. And several

553
00:36:54.480 --> 00:37:01.000
<v Speaker 5>months after Gary was charged, she came forward and said

554
00:37:01.039 --> 00:37:04.800
<v Speaker 5>that she remembered waking up, going into the bathroom and

555
00:37:05.760 --> 00:37:08.559
<v Speaker 5>going back to bed, and she looked out the window

556
00:37:08.800 --> 00:37:12.280
<v Speaker 5>and she said she saw Richard's van and Gary's driveway,

557
00:37:13.079 --> 00:37:16.880
<v Speaker 5>and it was shortly before that Easter morning, Yeah, the

558
00:37:17.320 --> 00:37:20.239
<v Speaker 5>morning that Heidi was kidnapped. She's looking out her bedroom

559
00:37:20.239 --> 00:37:24.039
<v Speaker 5>window saying that she saw Richard's van and Gary's driveway.

560
00:37:24.719 --> 00:37:31.840
<v Speaker 5>So she testified during the trial, and basically what the

561
00:37:31.920 --> 00:37:34.760
<v Speaker 5>DA's office the prosecutors attempting to do is to put

562
00:37:34.840 --> 00:37:37.760
<v Speaker 5>Richard at Gary's house to kind of put them together

563
00:37:37.800 --> 00:37:40.559
<v Speaker 5>Easter morning, because there was no witness that saw Gary

564
00:37:41.039 --> 00:37:48.960
<v Speaker 5>anywhere near the DNW. So after Gary was convicted, Brandy

565
00:37:49.000 --> 00:37:54.000
<v Speaker 5>had information to suggest that Britney Link was recanting, and

566
00:37:54.440 --> 00:38:00.280
<v Speaker 5>her along with an investigator, videotaped Britney Link saying that

567
00:38:00.880 --> 00:38:03.199
<v Speaker 5>she thought maybe it was a dream, and whenever she

568
00:38:03.199 --> 00:38:05.920
<v Speaker 5>would say that it was a dream, the prosecutor said, well,

569
00:38:05.920 --> 00:38:09.800
<v Speaker 5>if I were you, kiddo, I wouldn't say that, And

570
00:38:10.599 --> 00:38:15.079
<v Speaker 5>she said that she felt pressured and that she doesn't

571
00:38:15.119 --> 00:38:18.119
<v Speaker 5>really know because she had seen Richard's van over there

572
00:38:18.280 --> 00:38:20.920
<v Speaker 5>on different days and it may not have been Easter morning,

573
00:38:21.360 --> 00:38:23.840
<v Speaker 5>and that if it were Easter morning, she probably would

574
00:38:23.840 --> 00:38:26.679
<v Speaker 5>have gone to get her Easter basket, but she didn't

575
00:38:26.679 --> 00:38:30.119
<v Speaker 5>that morning. She went back to bed, so it was

576
00:38:30.119 --> 00:38:35.400
<v Speaker 5>a pretty powerful recantation of what she had testified to

577
00:38:35.599 --> 00:38:38.880
<v Speaker 5>in court, and it was videotaped, and Randy made emotion

578
00:38:39.800 --> 00:38:45.480
<v Speaker 5>and again seeking a mistrial, and that motion was denied,

579
00:38:46.119 --> 00:38:50.280
<v Speaker 5>and Britney Link recanted her recantation and said that, you know,

580
00:38:50.400 --> 00:38:54.440
<v Speaker 5>Randy pressured her into saying that, but unfortunately or fortunately

581
00:38:54.480 --> 00:38:57.119
<v Speaker 5>for Randy, she videotaped it and clearly there was no

582
00:38:57.440 --> 00:39:02.119
<v Speaker 5>pressuring of any kind whatsoever. But the judge again just

583
00:39:02.280 --> 00:39:07.679
<v Speaker 5>denied the defense request and that was the end of

584
00:39:07.719 --> 00:39:10.559
<v Speaker 5>it as far as Brittany Link, and then Randy pursued

585
00:39:10.719 --> 00:39:12.960
<v Speaker 5>the appeal with the Fourth Department.

586
00:39:15.920 --> 00:39:20.519
<v Speaker 4>The amazing part of that, ad Lisa, go ahead, John,

587
00:39:21.320 --> 00:39:23.280
<v Speaker 4>Now I just said, the amazing part of that not

588
00:39:23.320 --> 00:39:27.440
<v Speaker 4>only was that that Brittany recanted, but the story that

589
00:39:27.480 --> 00:39:32.320
<v Speaker 4>she told about the prosecutor Donald did over and over

590
00:39:32.960 --> 00:39:35.599
<v Speaker 4>kind of hinting at her. You know, let's not talk

591
00:39:35.639 --> 00:39:38.039
<v Speaker 4>about thinking that it was a dream or that it

592
00:39:38.079 --> 00:39:41.000
<v Speaker 4>was a different day, and you know, he's the he's

593
00:39:42.000 --> 00:39:44.400
<v Speaker 4>he looks really bad in this scenario. But go ahead,

594
00:39:44.480 --> 00:39:47.639
<v Speaker 4>Lisa with what happened after that, Well.

595
00:39:47.400 --> 00:39:50.119
<v Speaker 5>It was just you know, and then she Randy handled

596
00:39:50.119 --> 00:39:54.239
<v Speaker 5>the appeal and the Fourth apartment denied the appeal and

597
00:39:55.400 --> 00:40:00.239
<v Speaker 5>furthermore added that there was overwhelming evidence against Gary and

598
00:40:00.280 --> 00:40:05.280
<v Speaker 5>that you know that the diaries weren't Brady material. While

599
00:40:05.280 --> 00:40:09.280
<v Speaker 5>they didn't even have the diaries because Donald Dodd didn't

600
00:40:09.599 --> 00:40:12.719
<v Speaker 5>the diaries never made it to the appellate court, so

601
00:40:13.159 --> 00:40:17.760
<v Speaker 5>nobody read those diaries. But they decided that there was

602
00:40:17.840 --> 00:40:21.039
<v Speaker 5>overwhelming evidence and that was that. And then Randy went

603
00:40:21.079 --> 00:40:23.519
<v Speaker 5>to the Court of Appeals seeking leave to appeal, and

604
00:40:23.559 --> 00:40:26.679
<v Speaker 5>they refused to hear the case. So she never made

605
00:40:26.719 --> 00:40:28.719
<v Speaker 5>it to the Court of Appeals, which is the highest

606
00:40:28.719 --> 00:40:31.960
<v Speaker 5>court in New York. And then she filed a habeas

607
00:40:31.960 --> 00:40:39.440
<v Speaker 5>petition again arguing that his constitutional rights Brady violations regarding

608
00:40:39.440 --> 00:40:44.440
<v Speaker 5>the diaries and again, and she was also attacking the

609
00:40:44.480 --> 00:40:46.719
<v Speaker 5>statute under which Gary was convicted that there was a

610
00:40:46.760 --> 00:40:49.719
<v Speaker 5>presumption of death for the first toe kidnapping in New

611
00:40:49.800 --> 00:40:54.320
<v Speaker 5>York State. Neither one of those arguments prevailed, and after

612
00:40:54.400 --> 00:40:57.000
<v Speaker 5>that his avenues had been exhausted.

613
00:40:58.039 --> 00:41:00.079
<v Speaker 4>Yeah, and so ited to talk about Brady mat So

614
00:41:00.159 --> 00:41:02.039
<v Speaker 4>you've mentioned that a couple of times. Just real quick,

615
00:41:02.280 --> 00:41:03.280
<v Speaker 4>Brady material is.

616
00:41:06.159 --> 00:41:08.639
<v Speaker 3>Let's u says, as an opportunity, sorry, Lisa and John,

617
00:41:08.719 --> 00:41:11.960
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618
00:41:13.119 --> 00:41:17.199
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619
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620
00:41:19.679 --> 00:41:22.599
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621
00:41:22.679 --> 00:41:26.400
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622
00:41:26.440 --> 00:41:28.280
<v Speaker 3>excited to be able to go see a movie at

623
00:41:28.280 --> 00:41:31.400
<v Speaker 3>the theater again. I went to see Stillwater and I

624
00:41:31.639 --> 00:41:35.280
<v Speaker 3>happened to get to see some live stand up comedy.

625
00:41:35.400 --> 00:41:38.440
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626
00:41:38.440 --> 00:41:41.000
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627
00:41:41.039 --> 00:41:44.960
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628
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629
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630
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633
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634
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635
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639
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640
00:42:33.559 --> 00:42:41.880
<v Speaker 3>ZipRecruiter the smartest way to hire. Now, Lisa and John,

641
00:42:42.000 --> 00:42:47.679
<v Speaker 3>we were talking about Bianco Randy Bianco losing the appeal,

642
00:42:48.800 --> 00:42:52.960
<v Speaker 3>and in the book you are exposing and showing the

643
00:42:53.000 --> 00:42:56.639
<v Speaker 3>reader and now our listeners that there was this manipulation

644
00:42:56.960 --> 00:43:02.920
<v Speaker 3>by the prosecution and some funny business from the Sheriff's

645
00:43:02.920 --> 00:43:07.719
<v Speaker 3>department in this weega there, Let's talk about how you

646
00:43:07.760 --> 00:43:13.360
<v Speaker 3>get involved, Lisa, and after that, how John you become

647
00:43:13.760 --> 00:43:15.440
<v Speaker 3>so inextricably involved.

648
00:43:16.199 --> 00:43:23.519
<v Speaker 5>Okay, sure, So in twenty thirteen, Randy was in private

649
00:43:23.559 --> 00:43:26.639
<v Speaker 5>practice and I had a vacancy in my office and

650
00:43:26.679 --> 00:43:29.480
<v Speaker 5>she applied for the position as an assistant federal public

651
00:43:29.519 --> 00:43:33.760
<v Speaker 5>defender and I hired her. So she sold her practice

652
00:43:33.760 --> 00:43:36.639
<v Speaker 5>because she had been an experienced criminal defense lawyer for

653
00:43:36.679 --> 00:43:40.800
<v Speaker 5>many years and she had a solid reputation, and she

654
00:43:40.880 --> 00:43:44.639
<v Speaker 5>also had a ticket business. So she sold her practice

655
00:43:44.679 --> 00:43:48.599
<v Speaker 5>and came to work for me. Probably six months into

656
00:43:48.679 --> 00:43:54.599
<v Speaker 5>working for me, she came into my office, upset because

657
00:43:54.639 --> 00:43:57.079
<v Speaker 5>she heard that a woman was trying to reach her

658
00:43:57.079 --> 00:43:59.360
<v Speaker 5>and called her old number from her old law office,

659
00:43:59.360 --> 00:44:01.960
<v Speaker 5>and it went to the individuals that purchased her business

660
00:44:02.679 --> 00:44:08.760
<v Speaker 5>and had information regarding Gary Gary's case that would exonerate him,

661
00:44:09.599 --> 00:44:15.280
<v Speaker 5>and apparently, well what happened was that information was relayed

662
00:44:15.360 --> 00:44:17.639
<v Speaker 5>to the DA's office, and at the time the DA

663
00:44:17.800 --> 00:44:22.280
<v Speaker 5>was Greg Oaks, and they bypassed Randy and she didn't

664
00:44:22.280 --> 00:44:26.039
<v Speaker 5>know about it. She just happened to you call get it.

665
00:44:26.039 --> 00:44:28.000
<v Speaker 5>It just happened to come up in conversation that this

666
00:44:28.039 --> 00:44:30.880
<v Speaker 5>woman had been looking for. When Randy found that out,

667
00:44:30.920 --> 00:44:32.679
<v Speaker 5>she tried to get a hold of Greg Oaks, who

668
00:44:32.719 --> 00:44:37.760
<v Speaker 5>then refused to give her the information, and he said,

669
00:44:37.800 --> 00:44:39.920
<v Speaker 5>the woman doesn't want to talk to you. And Randy

670
00:44:39.960 --> 00:44:42.440
<v Speaker 5>was outraged because the woman tried to reach her, so

671
00:44:42.480 --> 00:44:44.519
<v Speaker 5>why wouldn't she want to talk to her, But in

672
00:44:44.559 --> 00:44:47.920
<v Speaker 5>any event, he agreed to follow up on this new

673
00:44:47.920 --> 00:44:51.840
<v Speaker 5>information and keep her in the loop. So meanwhile, I

674
00:44:51.880 --> 00:44:54.800
<v Speaker 5>didn't really have much to do with what was going on.

675
00:44:54.920 --> 00:44:57.159
<v Speaker 5>She would occasionally come in and kind of update me

676
00:44:57.199 --> 00:44:59.639
<v Speaker 5>into what she was being told by the DA's office.

677
00:45:00.639 --> 00:45:02.880
<v Speaker 5>And then one day she got a packet of information,

678
00:45:03.400 --> 00:45:06.920
<v Speaker 5>a lot of CDs and came to the office and

679
00:45:06.920 --> 00:45:09.159
<v Speaker 5>they said, we're not doing anything with the new information.

680
00:45:09.480 --> 00:45:13.599
<v Speaker 5>It's not credible and the witness who came forward is incredible.

681
00:45:14.360 --> 00:45:18.639
<v Speaker 5>So Randy had a lot of CDs to listen to.

682
00:45:18.760 --> 00:45:21.440
<v Speaker 5>So my investigator at the time thought he would listen

683
00:45:21.480 --> 00:45:25.280
<v Speaker 5>to him when he had a minute, and that's when

684
00:45:25.320 --> 00:45:30.000
<v Speaker 5>he heard the monitored call and listened to interrogation of

685
00:45:30.039 --> 00:45:32.519
<v Speaker 5>a woman who was involved in this monitored call making

686
00:45:32.559 --> 00:45:37.239
<v Speaker 5>admissions about what she knew regarding Heidie's disappearance. And then

687
00:45:38.719 --> 00:45:41.360
<v Speaker 5>Randy was up in arms and came back to me.

688
00:45:41.719 --> 00:45:44.360
<v Speaker 5>And I didn't know how I could get involved in

689
00:45:44.360 --> 00:45:46.880
<v Speaker 5>the case because it was a state case and we

690
00:45:46.880 --> 00:45:51.800
<v Speaker 5>were federal defenders. So we tried to recruit lawyers to

691
00:45:51.840 --> 00:45:54.119
<v Speaker 5>take the case. It was an enormous undertaking and it

692
00:45:54.119 --> 00:45:56.639
<v Speaker 5>would be very difficult to do because it would essentially

693
00:45:56.639 --> 00:46:00.000
<v Speaker 5>be a pro bono situation. There is very was broken.

694
00:46:00.039 --> 00:46:02.000
<v Speaker 5>He's been in prison all these years, he had no

695
00:46:02.440 --> 00:46:06.119
<v Speaker 5>he didn't have a nicoldup to his name, So you know,

696
00:46:06.159 --> 00:46:09.519
<v Speaker 5>we lingered, and my investigator and I had tried to

697
00:46:09.559 --> 00:46:12.719
<v Speaker 5>do some different things that he had suggested to maybe

698
00:46:12.880 --> 00:46:16.119
<v Speaker 5>kind of, you know, really get the ball rolling, so

699
00:46:16.159 --> 00:46:18.599
<v Speaker 5>that maybe we could get the interest of a local

700
00:46:18.639 --> 00:46:21.360
<v Speaker 5>attorney and maybe somebody would take on the cause. And

701
00:46:21.400 --> 00:46:23.960
<v Speaker 5>of course the Innocent Project wouldn't take it because we

702
00:46:23.960 --> 00:46:28.760
<v Speaker 5>didn't have there's no body, no DNA, So it was

703
00:46:28.800 --> 00:46:32.199
<v Speaker 5>just going to be a lot of investigation, a lot

704
00:46:32.199 --> 00:46:36.559
<v Speaker 5>of work, a lot and a huge undertaking. So we

705
00:46:36.679 --> 00:46:40.079
<v Speaker 5>finally my investigator suggested, you know, why don't you call

706
00:46:40.199 --> 00:46:43.639
<v Speaker 5>the paper and let them expose this. And we thought

707
00:46:43.639 --> 00:46:45.079
<v Speaker 5>about it for a while, and I was a little

708
00:46:45.079 --> 00:46:48.360
<v Speaker 5>reluctant initially, but then when I realized, here we have

709
00:46:48.519 --> 00:46:51.280
<v Speaker 5>this innocent man sitting in prison, and I was so

710
00:46:51.400 --> 00:46:53.599
<v Speaker 5>blown away by what I was listening to and what

711
00:46:53.639 --> 00:46:55.679
<v Speaker 5>I was seeing that I just couldn't sit back and

712
00:46:55.719 --> 00:46:59.400
<v Speaker 5>not do anything with this information. So I passed it

713
00:46:59.440 --> 00:47:03.159
<v Speaker 5>along to On and John right away, you know, and

714
00:47:03.199 --> 00:47:05.400
<v Speaker 5>he'll tell you what he was doing, but you know,

715
00:47:05.519 --> 00:47:08.800
<v Speaker 5>he confronted one of the jail house informants off the bat,

716
00:47:09.239 --> 00:47:14.599
<v Speaker 5>and then John learned about Dick having his case file

717
00:47:14.760 --> 00:47:18.199
<v Speaker 5>in a shed. So my investigator and I ran over

718
00:47:18.280 --> 00:47:21.519
<v Speaker 5>to the house and we grabbed all these boxes because

719
00:47:21.519 --> 00:47:23.519
<v Speaker 5>I wanted to go through his file and see if

720
00:47:23.519 --> 00:47:26.079
<v Speaker 5>there was anything in there that wasn't in Gary's file.

721
00:47:27.000 --> 00:47:32.079
<v Speaker 5>That's where I discovered the reports regarding Heidi's informant information

722
00:47:32.199 --> 00:47:35.079
<v Speaker 5>being dropped in the parking lot. When I asked Randy

723
00:47:35.119 --> 00:47:37.320
<v Speaker 5>whether she'd ever heard of such a thing, she was

724
00:47:37.880 --> 00:47:41.039
<v Speaker 5>blown away because she had never heard about Heidi being

725
00:47:41.039 --> 00:47:43.519
<v Speaker 5>an informant or that her information had been dropped in

726
00:47:43.559 --> 00:47:46.639
<v Speaker 5>the parking lot. Only that, you know, they denied she

727
00:47:46.679 --> 00:47:50.119
<v Speaker 5>was ever an informant. So that's when I went to

728
00:47:50.199 --> 00:47:53.039
<v Speaker 5>my chief judge and asked whether I could be appointed

729
00:47:53.480 --> 00:47:57.559
<v Speaker 5>in the case because I believed constitutional violations had taken

730
00:47:57.599 --> 00:48:01.119
<v Speaker 5>place that weren't previously brought up because they weren't known

731
00:48:01.440 --> 00:48:04.880
<v Speaker 5>when Randy filed the original habeas petition and family or

732
00:48:04.920 --> 00:48:08.599
<v Speaker 5>at federal court regarding the diaries and the attack on

733
00:48:08.639 --> 00:48:12.079
<v Speaker 5>the actual statute. So he said yes, and I said, well,

734
00:48:12.159 --> 00:48:14.559
<v Speaker 5>I have to go into state court likely because we

735
00:48:14.639 --> 00:48:17.079
<v Speaker 5>have to exhaust all of the state court remedies before

736
00:48:17.119 --> 00:48:20.840
<v Speaker 5>we can bring into federal court. And the chief judge

737
00:48:20.840 --> 00:48:23.360
<v Speaker 5>appointed me and allowed me to get involved in this case.

738
00:48:23.840 --> 00:48:27.880
<v Speaker 5>So meanwhile John's doing his investigation and now I'm on

739
00:48:27.960 --> 00:48:31.599
<v Speaker 5>the case and we're doing our investigation, and that's kind

740
00:48:31.599 --> 00:48:33.599
<v Speaker 5>of how it all sort of began.

741
00:48:36.360 --> 00:48:38.239
<v Speaker 4>Yeah, so I'll play with how I got involved. Like

742
00:48:38.280 --> 00:48:42.000
<v Speaker 4>I said, Lisa was a source of mine and I

743
00:48:42.000 --> 00:48:45.360
<v Speaker 4>always bugger for, you know, good cases. And then one

744
00:48:45.440 --> 00:48:48.440
<v Speaker 4>day she called me and said, I do have one

745
00:48:48.599 --> 00:48:54.440
<v Speaker 4>that This was probably early twenty fourteen, months after she

746
00:48:54.920 --> 00:48:58.360
<v Speaker 4>Randy had heard about this and witness and she told

747
00:48:58.719 --> 00:49:01.440
<v Speaker 4>Lisa told me then okay, Heidi Allen, and I got

748
00:49:01.480 --> 00:49:03.760
<v Speaker 4>my ears perked up. And it took me another couple

749
00:49:03.719 --> 00:49:05.920
<v Speaker 4>of months to get her to say. She called me

750
00:49:05.960 --> 00:49:08.199
<v Speaker 4>and said, just I can't tell you what it is.

751
00:49:08.239 --> 00:49:10.000
<v Speaker 4>I just want you to come over to my office

752
00:49:10.199 --> 00:49:13.360
<v Speaker 4>and listen to something. So of course I ran right over,

753
00:49:13.599 --> 00:49:16.599
<v Speaker 4>and I at least have played for me recording the

754
00:49:16.639 --> 00:49:20.800
<v Speaker 4>recording of the phone call between the new witness who

755
00:49:20.800 --> 00:49:26.599
<v Speaker 4>came forward, Tanya Priest, and this woman Jennifer Westcott. The

756
00:49:26.599 --> 00:49:30.119
<v Speaker 4>Sheriff's office had set up the call, they were monitoring it,

757
00:49:30.920 --> 00:49:36.239
<v Speaker 4>and Tanya I was working with them, but Jennifer didn't

758
00:49:36.239 --> 00:49:38.960
<v Speaker 4>know if she was talking to anyone but this friend.

759
00:49:39.679 --> 00:49:43.199
<v Speaker 4>And I sat there and listened to Jennifer Westcott say

760
00:49:43.280 --> 00:49:50.519
<v Speaker 4>things like they wouldn't even bring her Heidi in the house.

761
00:49:50.840 --> 00:49:53.800
<v Speaker 4>They made her sit in the van. She said, this

762
00:49:53.840 --> 00:49:57.400
<v Speaker 4>thing has been in my head all these years. There's

763
00:49:57.440 --> 00:49:59.599
<v Speaker 4>no way I would tell I would ever tell the

764
00:49:59.599 --> 00:50:02.320
<v Speaker 4>investig because I don't want to open that can of worms.

765
00:50:02.639 --> 00:50:05.880
<v Speaker 4>And I was, you know, flabbergasted. This was the first

766
00:50:05.880 --> 00:50:10.760
<v Speaker 4>time that someone, to my knowledge ever knew said something

767
00:50:10.880 --> 00:50:15.800
<v Speaker 4>that they knew what happened to Heidi after she was kidnapped. Right, uh,

768
00:50:15.800 --> 00:50:18.039
<v Speaker 4>and then Lisa. Then Lisa also said, now you've got

769
00:50:18.039 --> 00:50:23.119
<v Speaker 4>to watch this interrogation video that the sheriff's investigator had

770
00:50:23.159 --> 00:50:25.920
<v Speaker 4>this Jennifer Westcott. After the call, they called her in

771
00:50:26.760 --> 00:50:31.280
<v Speaker 4>to interrogate interrogate her about it. And this investigator, Petrotsky,

772
00:50:31.760 --> 00:50:36.159
<v Speaker 4>did a good job of getting Jennifer to to base

773
00:50:36.239 --> 00:50:38.880
<v Speaker 4>the heat, but she absolutely lied about that phone call,

774
00:50:39.440 --> 00:50:42.280
<v Speaker 4>so she didn't know was recorded. Then he confronts her

775
00:50:42.320 --> 00:50:44.679
<v Speaker 4>and says, well, this is this is what you said.

776
00:50:44.760 --> 00:50:48.559
<v Speaker 4>And she is blown away. She's taken aback. She thinks

777
00:50:48.599 --> 00:50:52.840
<v Speaker 4>she's in big trouble because they have the recording. But

778
00:50:52.920 --> 00:50:56.639
<v Speaker 4>at the end of that video, Petrotsky just says, no,

779
00:50:56.639 --> 00:50:59.360
<v Speaker 4>no problem, You're not gonna be in trouble. I'm just gonna,

780
00:50:59.440 --> 00:51:02.119
<v Speaker 4>We're gonna, We're going to squash this is what he said.

781
00:51:02.639 --> 00:51:04.960
<v Speaker 4>So I knew two things at that point. One is

782
00:51:05.000 --> 00:51:11.639
<v Speaker 4>that the Thibodeaux were absolutely innocent and that the Sheriff's

783
00:51:11.639 --> 00:51:15.599
<v Speaker 4>office was covering it up. So I was just rev

784
00:51:15.920 --> 00:51:19.480
<v Speaker 4>ready to go, and then I started my investigation. Lisa

785
00:51:19.519 --> 00:51:22.400
<v Speaker 4>did hers. We would talk back and forth and not

786
00:51:22.519 --> 00:51:25.840
<v Speaker 4>share everything, but we're sort of working together and apart.

787
00:51:26.440 --> 00:51:32.800
<v Speaker 3>After that, you went to your editor John at the

788
00:51:32.840 --> 00:51:37.840
<v Speaker 3>Post Standard, and at first you write that he assigned

789
00:51:38.000 --> 00:51:39.840
<v Speaker 3>you to do this. He said, yeah, go ahead, but

790
00:51:40.559 --> 00:51:43.599
<v Speaker 3>cover these other cases as well, and he had no

791
00:51:43.679 --> 00:51:46.239
<v Speaker 3>idea how you could really focus on this properly. And

792
00:51:46.280 --> 00:51:48.840
<v Speaker 3>then a week later your editor came to you and said,

793
00:51:48.840 --> 00:51:51.880
<v Speaker 3>look at this is important. Don't do anything else, go

794
00:51:52.039 --> 00:51:52.400
<v Speaker 3>for this.

795
00:51:53.320 --> 00:51:55.800
<v Speaker 4>Which was surprising because this was at a time when

796
00:51:56.280 --> 00:52:00.599
<v Speaker 4>the hold A newspaper business was in a evil and

797
00:52:00.639 --> 00:52:02.559
<v Speaker 4>they were just trying to get quick stories up as

798
00:52:02.599 --> 00:52:05.760
<v Speaker 4>fast as possible. Whereas back two or three years earlier,

799
00:52:05.760 --> 00:52:08.000
<v Speaker 4>we would have they would have quickly put taken me

800
00:52:08.039 --> 00:52:11.360
<v Speaker 4>off everything else but this. So yes, they did give

801
00:52:11.440 --> 00:52:14.039
<v Speaker 4>me free reign to just through nothing. But this. It

802
00:52:14.079 --> 00:52:16.400
<v Speaker 4>was a full time job from there.

803
00:52:16.800 --> 00:52:21.119
<v Speaker 3>Yeah, So Lisa, what do you do on John? What

804
00:52:21.159 --> 00:52:23.880
<v Speaker 3>do you do in terms of this information that you

805
00:52:24.000 --> 00:52:30.239
<v Speaker 3>now have this information, this new information? Uh, Lisa, what

806
00:52:30.320 --> 00:52:33.159
<v Speaker 3>do you do? You think it's enough to be able

807
00:52:33.199 --> 00:52:38.119
<v Speaker 3>to get another hearing and how do you proceed with that?

808
00:52:38.360 --> 00:52:42.320
<v Speaker 5>Yeah? So I thought the phone call in and of itself,

809
00:52:42.360 --> 00:52:47.320
<v Speaker 5>in combination with the interrogation and Jennifer Westcutt's obvious lies

810
00:52:47.400 --> 00:52:51.320
<v Speaker 5>throughout questioning by Petrowski, would be funny to get Gary

811
00:52:51.320 --> 00:52:53.840
<v Speaker 5>a new trial because there wasn't any evidence against him

812
00:52:53.840 --> 00:52:57.559
<v Speaker 5>to begin with. And now we have somebody admitting that,

813
00:52:57.960 --> 00:53:00.840
<v Speaker 5>you know, they brought her over high over to her

814
00:53:00.920 --> 00:53:03.599
<v Speaker 5>house but made her sit in the van. And it

815
00:53:03.679 --> 00:53:07.079
<v Speaker 5>wasn't the Thibodaux. It was these three new suspects that

816
00:53:07.119 --> 00:53:11.119
<v Speaker 5>were mentioned in this phone call. So at that point

817
00:53:11.239 --> 00:53:15.480
<v Speaker 5>I felt like we have enough. We were then trying

818
00:53:15.519 --> 00:53:19.119
<v Speaker 5>to find out if we could find a cabin in

819
00:53:19.159 --> 00:53:21.280
<v Speaker 5>the woods based on the statement by the witness who

820
00:53:21.320 --> 00:53:25.239
<v Speaker 5>had come forward, who initiated or who they monitored the

821
00:53:25.280 --> 00:53:27.800
<v Speaker 5>call with Jennifer Westcott. So we were spending a lot

822
00:53:27.840 --> 00:53:30.920
<v Speaker 5>of time trying to figure out where there was a

823
00:53:30.960 --> 00:53:33.280
<v Speaker 5>cabin in the woods and whether or not we could

824
00:53:33.280 --> 00:53:36.119
<v Speaker 5>find out, you know, if her, in fact, Heidie's remains

825
00:53:36.119 --> 00:53:39.440
<v Speaker 5>were out there, because that would that would really clinch

826
00:53:39.480 --> 00:53:42.440
<v Speaker 5>it for us. So we were trying to do that

827
00:53:44.320 --> 00:53:47.800
<v Speaker 5>and it just so happened that when John published his

828
00:53:48.000 --> 00:53:52.119
<v Speaker 5>first story, a witness called and said, oh, there is

829
00:53:52.159 --> 00:53:56.840
<v Speaker 5>another cabin. My son built a cabin of years back,

830
00:53:57.119 --> 00:54:00.440
<v Speaker 5>and it's right across the street on Rice Road, which

831
00:54:00.440 --> 00:54:03.800
<v Speaker 5>is exactly where the witness had come forward and said

832
00:54:04.400 --> 00:54:07.880
<v Speaker 5>Westcott was staying and there was a cabin. So it

833
00:54:07.960 --> 00:54:11.840
<v Speaker 5>was it was sort of matching up with where this

834
00:54:12.599 --> 00:54:16.760
<v Speaker 5>Kanya priest when she came forward, suggested that Steen, one

835
00:54:16.760 --> 00:54:19.639
<v Speaker 5>of the three new suspects, said Heidi had been taken

836
00:54:19.679 --> 00:54:24.480
<v Speaker 5>to and chopped up and put under floorboards. So John,

837
00:54:24.519 --> 00:54:26.840
<v Speaker 5>you can kind of take over from there, and that's where,

838
00:54:27.119 --> 00:54:31.000
<v Speaker 5>you know, we kind of really started coming together trying

839
00:54:31.000 --> 00:54:32.800
<v Speaker 5>to find out if we could get, you know, find

840
00:54:32.840 --> 00:54:33.679
<v Speaker 5>Heidi's remains.

841
00:54:34.800 --> 00:54:40.880
<v Speaker 4>Yeah, so Lisa's investigator, Dick Harman, and I went together.

842
00:54:42.480 --> 00:54:44.480
<v Speaker 4>We decided it would work better to try to find

843
00:54:44.480 --> 00:54:47.920
<v Speaker 4>this cabin, and we interviewed people in the neighborhood who

844
00:54:47.960 --> 00:54:51.480
<v Speaker 4>pointed us to one cabin, and then then there was nothing.

845
00:54:51.519 --> 00:54:54.280
<v Speaker 4>We dug it up. There was nothing there, and that's

846
00:54:54.360 --> 00:54:57.119
<v Speaker 4>when I published my first story about the new evidence,

847
00:54:58.360 --> 00:55:01.039
<v Speaker 4>and like Lisa said, I got a text I think

848
00:55:01.079 --> 00:55:04.880
<v Speaker 4>from this woman who's talked about this father cabin. So

849
00:55:04.920 --> 00:55:08.719
<v Speaker 4>we agreed. We quickly went out there. Harman and I did,

850
00:55:09.599 --> 00:55:13.000
<v Speaker 4>and we got to that cabin and found it was

851
00:55:13.079 --> 00:55:17.039
<v Speaker 4>completely disheveled, dug up. Someone had been there recently, which

852
00:55:17.239 --> 00:55:20.960
<v Speaker 4>we just freaked out. We thought, okay, because of the

853
00:55:21.000 --> 00:55:25.280
<v Speaker 4>story that I published, maybe the kidnappers came out here

854
00:55:25.320 --> 00:55:28.760
<v Speaker 4>and got what they wanted got maybe possibly remained or

855
00:55:28.800 --> 00:55:32.679
<v Speaker 4>something that didn't turn off to be the reason it

856
00:55:32.719 --> 00:55:36.400
<v Speaker 4>was dug up. But we so right at the scene.

857
00:55:36.480 --> 00:55:41.400
<v Speaker 4>We called the police and then Greg Oaks the DA

858
00:55:41.920 --> 00:55:43.480
<v Speaker 4>to get out there because we didn't want to be

859
00:55:43.559 --> 00:55:48.159
<v Speaker 4>accused of doing anything improper. So Oak came out. It

860
00:55:48.199 --> 00:55:51.119
<v Speaker 4>took a long time for him, I think, to convince

861
00:55:51.159 --> 00:55:53.039
<v Speaker 4>the Sheriff's office to come out because it was based

862
00:55:53.079 --> 00:55:57.719
<v Speaker 4>on the newspaper and the public Defender's office information. They

863
00:55:57.760 --> 00:56:01.519
<v Speaker 4>finally came out and they dug around and.

864
00:56:02.880 --> 00:56:03.960
<v Speaker 3>Uh. They used a.

865
00:56:04.159 --> 00:56:09.280
<v Speaker 4>State police cadaver or dog, which alerted to the scent

866
00:56:09.400 --> 00:56:13.400
<v Speaker 4>of human remains. Near the cabin, right next to the cabin.

867
00:56:14.639 --> 00:56:18.559
<v Speaker 4>But they they they sifted through that there, didn't find anything,

868
00:56:18.960 --> 00:56:21.760
<v Speaker 4>and just they left. I will say that they all

869
00:56:21.840 --> 00:56:25.320
<v Speaker 4>they what they left behind were things like a mattress

870
00:56:25.360 --> 00:56:29.599
<v Speaker 4>and some carpets and you know wood that could have

871
00:56:30.039 --> 00:56:32.840
<v Speaker 4>you know, had Hee's blood on them, he said, would

872
00:56:32.840 --> 00:56:35.639
<v Speaker 4>have been a bloody scene. And they just left them,

873
00:56:35.679 --> 00:56:39.239
<v Speaker 4>never tested them, and they never they never took soil samples.

874
00:56:39.280 --> 00:56:41.679
<v Speaker 4>This is key that said that they never brought anything

875
00:56:41.719 --> 00:56:45.840
<v Speaker 4>back to test for chemicals that that would have you know,

876
00:56:46.039 --> 00:56:49.039
<v Speaker 4>been would have been in the soil from heii's body.

877
00:56:49.199 --> 00:56:54.159
<v Speaker 4>Just left it. They did the most basic rudimentary search

878
00:56:54.519 --> 00:56:57.920
<v Speaker 4>and found nothing and said, okay, we're done.

879
00:56:58.679 --> 00:56:59.079
<v Speaker 5>Mm hmm.

880
00:56:59.760 --> 00:56:59.960
<v Speaker 4>Yeah.

881
00:57:00.159 --> 00:57:04.599
<v Speaker 5>And on that note, you know the fresh digging around,

882
00:57:06.800 --> 00:57:11.800
<v Speaker 5>we obviously know who was involved with that, but whether

883
00:57:11.880 --> 00:57:16.800
<v Speaker 5>someone was there digging around prior to that. For example,

884
00:57:17.519 --> 00:57:22.639
<v Speaker 5>Westcott was interviewed in twenty Her original interview was in

885
00:57:24.079 --> 00:57:29.159
<v Speaker 5>twenty fourteen, so twenty thirteen or twenty thirteen, excuse me.

886
00:57:29.599 --> 00:57:34.840
<v Speaker 5>So when she was interviewed in twenty thirteen, she told

887
00:57:35.039 --> 00:57:37.199
<v Speaker 5>one of the new suspects, the boyfriend that she was

888
00:57:37.239 --> 00:57:41.000
<v Speaker 5>with at the time, Heidi was abducted. That you know,

889
00:57:41.119 --> 00:57:43.679
<v Speaker 5>she had been interviewed about the Heidie Allen case. I

890
00:57:43.719 --> 00:57:48.039
<v Speaker 5>mean she let them know that. So there was no

891
00:57:48.159 --> 00:57:50.920
<v Speaker 5>effort on the part of the Sheriff's department to search

892
00:57:50.960 --> 00:57:56.400
<v Speaker 5>for a cabin based on the information. And then Westcott

893
00:57:56.480 --> 00:58:00.760
<v Speaker 5>has knowledge that there's this new information that someone's coming forward,

894
00:58:01.079 --> 00:58:06.119
<v Speaker 5>and so we don't know what happened between her interview

895
00:58:06.159 --> 00:58:09.480
<v Speaker 5>in March of twenty thirteen and fast forward to August

896
00:58:09.480 --> 00:58:13.119
<v Speaker 5>of twenty fourteen when the Sheriff's Department started doing this

897
00:58:13.199 --> 00:58:18.440
<v Speaker 5>dig at Rice Road at the cabin and again, and

898
00:58:18.440 --> 00:58:23.559
<v Speaker 5>as John mentioned, they didn't do any sort of soil

899
00:58:23.679 --> 00:58:26.239
<v Speaker 5>sample testing where the dog alerted, which would have been

900
00:58:26.280 --> 00:58:32.320
<v Speaker 5>important because the gases and the decomposition of the human

901
00:58:32.360 --> 00:58:38.760
<v Speaker 5>body would have certainly revealed whether or not more accurate

902
00:58:39.079 --> 00:58:41.159
<v Speaker 5>before they started digging around and sifting through all the

903
00:58:41.199 --> 00:58:45.239
<v Speaker 5>dirt and diluting it whether in fact there were human

904
00:58:45.280 --> 00:58:48.079
<v Speaker 5>remains there. But again the dog alerted to it.

905
00:58:48.159 --> 00:58:52.760
<v Speaker 3>So that Jesus as an opportunity, John Lisa, just for

906
00:58:52.760 --> 00:58:55.199
<v Speaker 3>a second, the stop for these messages.

907
00:58:55.280 --> 00:58:59.719
<v Speaker 6>Stemmed into the world of power, loyalty, and luck.

908
00:59:00.039 --> 00:59:02.400
<v Speaker 7>I'm going to make him an offer he can't refuse.

909
00:59:02.440 --> 00:59:06.519
<v Speaker 6>We're family, Canoli's and spins mean everything.

910
00:59:06.639 --> 00:59:09.280
<v Speaker 7>Now you want to get mixed up in the family business.

911
00:59:09.440 --> 00:59:14.599
<v Speaker 6>Introducing the Godfather at Champagasino dot com. Test your luck

912
00:59:14.639 --> 00:59:17.239
<v Speaker 6>in the shadowy world of the Godfather slot.

913
00:59:17.440 --> 00:59:19.800
<v Speaker 7>Some day I will call upon you to do a

914
00:59:19.880 --> 00:59:20.519
<v Speaker 7>service for me.

915
00:59:20.639 --> 00:59:24.159
<v Speaker 6>Play the Godfather now at champacasino dot com. Welcome to

916
00:59:24.320 --> 00:59:25.840
<v Speaker 6>the Family vdW group.

917
00:59:25.880 --> 00:59:27.639
<v Speaker 5>No purchase necessary. I believe we're pribited by loss he

918
00:59:27.719 --> 00:59:28.960
<v Speaker 5>terms and conditions eighteen plus.

919
00:59:33.679 --> 00:59:37.679
<v Speaker 3>Now, we talked about that police should have done things

920
00:59:38.039 --> 00:59:44.639
<v Speaker 3>like tested that soil for human remains. But what we

921
00:59:44.719 --> 00:59:49.920
<v Speaker 3>haven't talked about is the general conversation between all of

922
00:59:49.920 --> 00:59:52.320
<v Speaker 3>these people that you get to talk in bits and pieces,

923
00:59:52.840 --> 00:59:58.719
<v Speaker 3>and especially from the transcripts from Wescott talking about that

924
00:59:58.800 --> 01:00:01.920
<v Speaker 3>she's still afraid of these peop people. Let's talk about

925
01:00:02.000 --> 01:00:06.519
<v Speaker 3>James Steen, Roger Breckinridge, and Michael Bowrier. And as you

926
01:00:06.519 --> 01:00:09.760
<v Speaker 3>write in the book, Michael Borier was the guy that

927
01:00:09.800 --> 01:00:13.599
<v Speaker 3>would go in to the D and W and get

928
01:00:13.880 --> 01:00:17.599
<v Speaker 3>Heidi to make him blt every time she was on shift.

929
01:00:17.760 --> 01:00:20.400
<v Speaker 3>So let's talk about James Steen and Roger Breckinridge and

930
01:00:20.400 --> 01:00:21.000
<v Speaker 3>Michael Boyer.

931
01:00:22.599 --> 01:00:28.079
<v Speaker 5>Okay, so those were the three named new suspects based

932
01:00:28.119 --> 01:00:32.199
<v Speaker 5>on the statement by Tanya Priest who came forward and

933
01:00:33.559 --> 01:00:39.079
<v Speaker 5>taking Steen first. He was the one that was spouting

934
01:00:39.119 --> 01:00:42.280
<v Speaker 5>off to Tanya Priest that he knew what happened to

935
01:00:42.320 --> 01:00:45.079
<v Speaker 5>Heidi Allen, that she was a rat, and that they

936
01:00:45.199 --> 01:00:50.239
<v Speaker 5>kidnapped her using Michael Boor's van, and that they chopped

937
01:00:50.239 --> 01:00:53.400
<v Speaker 5>her up, put her under the floorboards of a cabin

938
01:00:53.719 --> 01:00:58.840
<v Speaker 5>and you know, nobody'll he'll never go to prison or

939
01:00:58.880 --> 01:01:01.800
<v Speaker 5>do a day in and for what they did to

940
01:01:01.840 --> 01:01:05.559
<v Speaker 5>Heidi Allen, and he so much has bragged about it

941
01:01:05.599 --> 01:01:08.519
<v Speaker 5>to other people. It wasn't just Tanya Priest. There were

942
01:01:08.800 --> 01:01:13.360
<v Speaker 5>individuals that were disconnected to Tanya Priest where he made

943
01:01:13.440 --> 01:01:16.079
<v Speaker 5>similar claims that Heidi was a rat and that he

944
01:01:16.239 --> 01:01:20.920
<v Speaker 5>was taking care of her because you know she or

945
01:01:20.960 --> 01:01:24.360
<v Speaker 5>even disposing of her body on behalf of a motorcycle gang.

946
01:01:25.159 --> 01:01:28.360
<v Speaker 5>He had mentioned to one of our witnesses that we called.

947
01:01:29.039 --> 01:01:33.719
<v Speaker 5>But important to note is that when he was making

948
01:01:33.760 --> 01:01:36.719
<v Speaker 5>these statements about Heidi Allen, he was in sense that

949
01:01:36.880 --> 01:01:41.960
<v Speaker 5>his estranged wife and he were having marital problems and

950
01:01:42.000 --> 01:01:45.960
<v Speaker 5>he was threatening to kill her and as part of that,

951
01:01:46.119 --> 01:01:49.559
<v Speaker 5>he was basically bragging that he you know, don't think

952
01:01:49.599 --> 01:01:51.960
<v Speaker 5>that I won't because I've already done it, you know.

953
01:01:52.199 --> 01:01:56.679
<v Speaker 5>And in fact, he did kill his estranged wife along

954
01:01:56.719 --> 01:02:00.599
<v Speaker 5>with his cousin because they were seeing each other, and

955
01:02:00.599 --> 01:02:03.840
<v Speaker 5>he went and while his young child was walking around

956
01:02:03.880 --> 01:02:07.079
<v Speaker 5>in a diaper at the place where the mother was staying,

957
01:02:07.559 --> 01:02:10.480
<v Speaker 5>he execution style shot and killed both of them. And

958
01:02:10.559 --> 01:02:13.920
<v Speaker 5>he was holed up in this department while the Sheriff's

959
01:02:13.920 --> 01:02:17.119
<v Speaker 5>department was negotiating him to come out and turn himself in.

960
01:02:17.679 --> 01:02:19.480
<v Speaker 5>And John, you might want to take over on that

961
01:02:19.559 --> 01:02:22.039
<v Speaker 5>part of the James Stein thing, what you discovered during

962
01:02:22.079 --> 01:02:22.880
<v Speaker 5>the investigation.

963
01:02:23.280 --> 01:02:26.360
<v Speaker 4>Yeah, and that was in twenty ten, right, Lisa, twenty.

964
01:02:26.119 --> 01:02:28.559
<v Speaker 5>Ten minute that was nomber of double murders yep.

965
01:02:28.840 --> 01:02:32.079
<v Speaker 4>September twenty ten. So when I got involved in this

966
01:02:32.239 --> 01:02:36.159
<v Speaker 4>in the Heidi case, I filed a freedom information request

967
01:02:36.199 --> 01:02:39.719
<v Speaker 4>with the DA's office and the Sheriff's office for everything

968
01:02:39.800 --> 01:02:43.360
<v Speaker 4>on Steen's murder, the twenty double murders that he committed

969
01:02:43.360 --> 01:02:51.199
<v Speaker 4>in twenty ten, including the all the texts and phone

970
01:02:51.239 --> 01:02:55.719
<v Speaker 4>calls he made over a period, and the jail calls,

971
01:02:55.880 --> 01:02:59.280
<v Speaker 4>the recordings of him talking looking through the texts that

972
01:02:59.400 --> 01:03:02.800
<v Speaker 4>came in his phone, and I noticed one that was

973
01:03:03.639 --> 01:03:08.719
<v Speaker 4>minutes after he killed his ex strange wife and his cousin,

974
01:03:09.480 --> 01:03:15.559
<v Speaker 4>and it said Heidi question mark Chow And it just

975
01:03:15.639 --> 01:03:18.559
<v Speaker 4>jumped out at me, like why, what could that be about?

976
01:03:18.960 --> 01:03:24.559
<v Speaker 4>And we would find out later that that came from

977
01:03:24.599 --> 01:03:27.079
<v Speaker 4>the phone of a guy he was hanging, he was

978
01:03:27.159 --> 01:03:30.920
<v Speaker 4>drinking with the night before. And there's no other Heidi

979
01:03:31.079 --> 01:03:34.000
<v Speaker 4>in Stein's life. He testified to that there's no other

980
01:03:34.039 --> 01:03:37.440
<v Speaker 4>heid he it could possibly be. But the guy who

981
01:03:37.519 --> 01:03:40.519
<v Speaker 4>sent it was belligerent with me and the sheriff's office

982
01:03:40.519 --> 01:03:43.719
<v Speaker 4>and interviewed him that he didn't know was about. And

983
01:03:44.039 --> 01:03:46.719
<v Speaker 4>but that is an unanswered question, what did that mean?

984
01:03:47.199 --> 01:03:49.480
<v Speaker 4>And this is the guy, the guy who sent it

985
01:03:49.519 --> 01:03:52.480
<v Speaker 4>is the guy who Steen borrowed his truck the night

986
01:03:52.559 --> 01:03:55.719
<v Speaker 4>before and drove the truck to the scene where he

987
01:03:55.800 --> 01:03:57.119
<v Speaker 4>committed the murders.

988
01:03:58.079 --> 01:04:02.159
<v Speaker 5>Yes, Stein drove this guy's truck. And this guy wakes

989
01:04:02.239 --> 01:04:05.559
<v Speaker 5>up in the morning and sees this crime scene tape

990
01:04:05.559 --> 01:04:07.519
<v Speaker 5>and his truck like right in the middle of on

991
01:04:07.639 --> 01:04:10.960
<v Speaker 5>the media coverage, and that's what prompted him to shoot

992
01:04:10.960 --> 01:04:13.239
<v Speaker 5>the text. He tried calling Stein because you see him

993
01:04:13.239 --> 01:04:16.519
<v Speaker 5>this call and then that's when the text message was sent.

994
01:04:16.920 --> 01:04:18.920
<v Speaker 5>But during the course of the hearing they could not

995
01:04:19.079 --> 01:04:21.679
<v Speaker 5>explain it, and then they were denying having sent it

996
01:04:21.719 --> 01:04:23.920
<v Speaker 5>and having received it or no memory of it, etc.

997
01:04:24.639 --> 01:04:28.000
<v Speaker 5>So there was never any explanation provided with regard to

998
01:04:28.000 --> 01:04:31.119
<v Speaker 5>what that meant and why he sent it. But it's obvious.

999
01:04:31.800 --> 01:04:38.039
<v Speaker 4>So then that's Stein. And then Breckinridge was a guy

1000
01:04:38.079 --> 01:04:41.960
<v Speaker 4>who had known Stein and done drugs with him for years,

1001
01:04:43.119 --> 01:04:49.159
<v Speaker 4>had all kinds of criminal history and he would hang

1002
01:04:49.199 --> 01:04:54.719
<v Speaker 4>out with Stein and Border and he was dating living

1003
01:04:54.920 --> 01:04:58.519
<v Speaker 4>well dating this Jennifer Westcott who was in the call

1004
01:04:58.679 --> 01:05:02.719
<v Speaker 4>made That was involvement that phone call, right, and he

1005
01:05:03.440 --> 01:05:06.840
<v Speaker 4>uh was kind of a low life.

1006
01:05:07.800 --> 01:05:11.480
<v Speaker 3>So then what was their connection? What was their connection

1007
01:05:11.559 --> 01:05:14.079
<v Speaker 3>to the scrap yard? Oh?

1008
01:05:14.159 --> 01:05:18.400
<v Speaker 4>Good point. Yes, they both all three all three would

1009
01:05:18.840 --> 01:05:24.559
<v Speaker 4>would bring scrap cars to the to a scrap yard

1010
01:05:24.760 --> 01:05:28.679
<v Speaker 4>in Volney, New York that was owned by the Mertaw family.

1011
01:05:29.000 --> 01:05:31.880
<v Speaker 4>So they were all involved in that. That'd be Breckinridge,

1012
01:05:31.960 --> 01:05:35.159
<v Speaker 4>Steam and Border, so they knew each other that way

1013
01:05:35.360 --> 01:05:37.760
<v Speaker 4>and that that was that was going on for years.

1014
01:05:38.360 --> 01:05:40.960
<v Speaker 5>Steam did a lot of the transport of the crushed

1015
01:05:41.039 --> 01:05:46.719
<v Speaker 5>cars to different scrapyard in Canada, and Roger kind of

1016
01:05:46.800 --> 01:05:49.239
<v Speaker 5>hung around at the scrap yard and worked there, and

1017
01:05:49.599 --> 01:05:55.280
<v Speaker 5>Borr learned that scrapping steel or cars was profitable and started,

1018
01:05:55.920 --> 01:05:59.119
<v Speaker 5>you know, kind of nosing around the scrap yard. We

1019
01:05:59.199 --> 01:06:01.800
<v Speaker 5>also had him from to suggest that there were a

1020
01:06:01.800 --> 01:06:04.440
<v Speaker 5>lot of drugs that were flowing in and around the

1021
01:06:04.599 --> 01:06:07.039
<v Speaker 5>scrapyard in Lawney.

1022
01:06:08.159 --> 01:06:12.920
<v Speaker 3>Yeah, you endeavors to talk to all of these people, John,

1023
01:06:14.880 --> 01:06:17.559
<v Speaker 3>and but who do you target and to who do

1024
01:06:17.599 --> 01:06:19.960
<v Speaker 3>you think is the best bet out of the three

1025
01:06:20.360 --> 01:06:22.440
<v Speaker 3>to be able to give you information? And how do

1026
01:06:22.480 --> 01:06:25.199
<v Speaker 3>you plan on approaching him?

1027
01:06:25.760 --> 01:06:28.199
<v Speaker 4>Well, so when I started out, I thought, well, Stein

1028
01:06:28.719 --> 01:06:31.880
<v Speaker 4>was he was sentenced to uh life in prison without

1029
01:06:31.920 --> 01:06:34.480
<v Speaker 4>the possibility of parole. So I thought, here's a guy,

1030
01:06:34.519 --> 01:06:37.119
<v Speaker 4>he has nothing to lose. So I wrote him a

1031
01:06:37.639 --> 01:06:41.280
<v Speaker 4>couple of letters trying to get him to, you know,

1032
01:06:41.320 --> 01:06:43.960
<v Speaker 4>to do the right thing. You know, you're you've made

1033
01:06:44.159 --> 01:06:46.119
<v Speaker 4>some bad decisions in your life, but you can do

1034
01:06:46.199 --> 01:06:50.360
<v Speaker 4>one good thing. And uh he wrote back and denied

1035
01:06:51.079 --> 01:06:53.960
<v Speaker 4>any anything and everything and called ten your priest a

1036
01:06:53.960 --> 01:07:00.960
<v Speaker 4>big liar. And so I got nowhere with him, and

1037
01:07:01.000 --> 01:07:06.440
<v Speaker 4>then I tracked down Michael Boorr at he was living

1038
01:07:06.480 --> 01:07:10.800
<v Speaker 4>in a an r V on Ellen Road, you know,

1039
01:07:11.039 --> 01:07:13.840
<v Speaker 4>kind of ironically same west name as the victim here.

1040
01:07:15.000 --> 01:07:19.239
<v Speaker 4>And I confronted him. I recorded the interview. He he

1041
01:07:20.199 --> 01:07:24.199
<v Speaker 4>when I eventually told him, look, you're being someone said

1042
01:07:24.239 --> 01:07:27.599
<v Speaker 4>you were involved in this, you were part of this kidnapping,

1043
01:07:28.440 --> 01:07:33.559
<v Speaker 4>he denied it up and down, and you know, he

1044
01:07:33.760 --> 01:07:39.840
<v Speaker 4>was upset with me for asking. And he did acknowledge

1045
01:07:39.880 --> 01:07:45.280
<v Speaker 4>that he knew that Heidi's out. Heidi, Heidi's informant cart

1046
01:07:45.320 --> 01:07:47.360
<v Speaker 4>had been dropped in the parking lot. And I said, well,

1047
01:07:47.360 --> 01:07:50.840
<v Speaker 4>how did you know that it wasn't public? He said, oh,

1048
01:07:51.079 --> 01:07:53.239
<v Speaker 4>it came out in the in the media. I said, no,

1049
01:07:53.320 --> 01:07:55.880
<v Speaker 4>it didn't. It absolutely did not. And he said, oh,

1050
01:07:55.920 --> 01:07:58.199
<v Speaker 4>well it came out in the trial then, and I

1051
01:07:58.239 --> 01:08:00.719
<v Speaker 4>said no, I looked at the transcript, Garies, Transcript's not

1052
01:08:00.800 --> 01:08:03.880
<v Speaker 4>in there. And then he said, oh, word of mouth, Mutt.

1053
01:08:03.960 --> 01:08:06.480
<v Speaker 4>So he admitted he heard word of mouth back then

1054
01:08:06.679 --> 01:08:08.679
<v Speaker 4>that Heidi was an informant and this is the guy

1055
01:08:08.719 --> 01:08:14.159
<v Speaker 4>who was dealing drugs that Lisa. Lisa confronted him after that,

1056
01:08:14.480 --> 01:08:17.960
<v Speaker 4>and she can tell you about that. She did by herself.

1057
01:08:19.520 --> 01:08:24.000
<v Speaker 5>So yeah, we knew that. Michael Bohr had talked to

1058
01:08:24.119 --> 01:08:30.239
<v Speaker 5>investigators after Westcott's phone monitor call with priests, and we listened.

1059
01:08:30.239 --> 01:08:32.560
<v Speaker 5>I listened to the audio of that, and I couldn't

1060
01:08:32.560 --> 01:08:36.399
<v Speaker 5>believe some of the information that he was giving and

1061
01:08:36.520 --> 01:08:40.199
<v Speaker 5>the lack of follow up. He said that the reason

1062
01:08:40.279 --> 01:08:42.600
<v Speaker 5>he could not have been involved in the kidnapping of

1063
01:08:42.640 --> 01:08:46.760
<v Speaker 5>Heidie Ellen is because the ten commandment stal shall not kill.

1064
01:08:46.880 --> 01:08:49.319
<v Speaker 5>And he has a daughter the same age as Heidi,

1065
01:08:50.119 --> 01:08:52.840
<v Speaker 5>and he couldn't believe that an eighteen year old young

1066
01:08:52.920 --> 01:08:55.640
<v Speaker 5>girl would come missing. And oh, by the way, I

1067
01:08:55.720 --> 01:08:58.159
<v Speaker 5>wrote a lot about the case, and I collected a

1068
01:08:58.159 --> 01:09:02.960
<v Speaker 5>lot of articles, and he takes the sheriff's deputies over

1069
01:09:03.000 --> 01:09:07.840
<v Speaker 5>to his trailer and has this box of information that

1070
01:09:07.920 --> 01:09:10.760
<v Speaker 5>he collected in a lot of writings that he created

1071
01:09:10.880 --> 01:09:14.199
<v Speaker 5>about the case and theories that he wrote, and gave

1072
01:09:14.239 --> 01:09:17.960
<v Speaker 5>that to the sheriff's deputies. So they were chalking him

1073
01:09:18.000 --> 01:09:20.560
<v Speaker 5>up to a crazy person, that he's mentally ill, that

1074
01:09:20.640 --> 01:09:24.079
<v Speaker 5>he injected himself into the investigation. He was calling in

1075
01:09:24.199 --> 01:09:27.520
<v Speaker 5>falls leads, and obviously, as you mentioned before, he was

1076
01:09:27.560 --> 01:09:32.479
<v Speaker 5>in the store almost daily getting DLT sandwiches. So I

1077
01:09:32.600 --> 01:09:35.960
<v Speaker 5>decided it was time to confront him. I didn't really know.

1078
01:09:36.079 --> 01:09:39.600
<v Speaker 5>I thought maybe Stein was the mastermind. Maybe Bor they

1079
01:09:39.640 --> 01:09:42.000
<v Speaker 5>were using him, you know, as a driver because he

1080
01:09:42.039 --> 01:09:45.920
<v Speaker 5>had a van. So I decide to meet up with him,

1081
01:09:45.920 --> 01:09:47.960
<v Speaker 5>and actually he was willing to meet up with me.

1082
01:09:48.039 --> 01:09:49.960
<v Speaker 5>And the first thing I said to him was, you know, well,

1083
01:09:50.000 --> 01:09:51.640
<v Speaker 5>I think you were involved in this. I think you

1084
01:09:51.680 --> 01:09:54.640
<v Speaker 5>did it. And then he's like, you do, Well, maybe

1085
01:09:54.680 --> 01:09:57.359
<v Speaker 5>I shouldn't be talking to you then. But he then

1086
01:09:57.399 --> 01:10:00.359
<v Speaker 5>sat down and kind of talked to me for three hours,

1087
01:10:00.560 --> 01:10:04.319
<v Speaker 5>and he told me his background was off limits. He

1088
01:10:04.439 --> 01:10:08.479
<v Speaker 5>was not going to talk about anything involving his family

1089
01:10:08.600 --> 01:10:10.800
<v Speaker 5>or his personal life, but he would provide me with

1090
01:10:10.840 --> 01:10:14.119
<v Speaker 5>all these various theories about what he thought happened. And

1091
01:10:14.199 --> 01:10:16.760
<v Speaker 5>at one point he made a statement and I looked

1092
01:10:16.760 --> 01:10:19.199
<v Speaker 5>at him and I have this kind of look on

1093
01:10:19.279 --> 01:10:21.800
<v Speaker 5>my face, like a smirk, and he basically told me

1094
01:10:22.279 --> 01:10:24.760
<v Speaker 5>to wipe that smirk off my face, and it really

1095
01:10:24.800 --> 01:10:26.119
<v Speaker 5>kind of made the hair on the back of my

1096
01:10:26.199 --> 01:10:28.119
<v Speaker 5>next stand up and I thought, well, I should probably

1097
01:10:28.199 --> 01:10:29.560
<v Speaker 5>end this because we were in the lack of a

1098
01:10:30.039 --> 01:10:33.399
<v Speaker 5>off track betting place that was not exactly I guess,

1099
01:10:33.399 --> 01:10:36.920
<v Speaker 5>the best place to meet somebody like him. So we

1100
01:10:37.079 --> 01:10:42.079
<v Speaker 5>parted ways, and I was convinced that there was so

1101
01:10:42.199 --> 01:10:44.800
<v Speaker 5>much more to this guy, because none of this made sense.

1102
01:10:46.039 --> 01:10:51.119
<v Speaker 5>And I made a letter request to the court seeking

1103
01:10:52.880 --> 01:10:55.880
<v Speaker 5>or asking or requesting that the DA's office and or

1104
01:10:55.880 --> 01:10:58.800
<v Speaker 5>Sheriff's department further investigate Michael Bohrer. I mean, does he

1105
01:10:58.920 --> 01:11:03.479
<v Speaker 5>have a daughter Allen's age? What's this background? Because we

1106
01:11:04.000 --> 01:11:05.800
<v Speaker 5>ran at check and we didn't get much from a

1107
01:11:05.800 --> 01:11:09.680
<v Speaker 5>criminal history standpoint in New York. So we got feedback

1108
01:11:09.680 --> 01:11:11.760
<v Speaker 5>from the judge who said, if you want to do

1109
01:11:11.960 --> 01:11:13.840
<v Speaker 5>the investigation of Michael Bore, you can do it at

1110
01:11:13.840 --> 01:11:16.720
<v Speaker 5>your own expense. They're not required to do it. And

1111
01:11:16.760 --> 01:11:19.039
<v Speaker 5>by the way, the DA's office just thought he was

1112
01:11:19.079 --> 01:11:22.840
<v Speaker 5>a crazy person. So I noticed that his social Security

1113
01:11:22.920 --> 01:11:27.760
<v Speaker 5>number had been issued out of Wisconsin. So I asked

1114
01:11:28.119 --> 01:11:31.079
<v Speaker 5>Dick com and my investigator to run a criminal history

1115
01:11:31.159 --> 01:11:34.479
<v Speaker 5>check to see whether there were any convictions that Michael

1116
01:11:34.479 --> 01:11:37.319
<v Speaker 5>Bore might have out of Wisconsin. And this is right

1117
01:11:37.359 --> 01:11:39.600
<v Speaker 5>before we were going to be having this evidentiary hearing

1118
01:11:39.640 --> 01:11:41.479
<v Speaker 5>to see if Gury could get a new trial based

1119
01:11:41.479 --> 01:11:44.479
<v Speaker 5>on the new evidence. And it came back that, sure enough,

1120
01:11:44.520 --> 01:11:50.319
<v Speaker 5>he had a conviction for unlawful imprisonment and another disorderly conduct,

1121
01:11:51.119 --> 01:11:53.159
<v Speaker 5>but we couldn't figure out what it was because when

1122
01:11:53.199 --> 01:11:56.359
<v Speaker 5>we were calling the police department that had made the arrest,

1123
01:11:57.119 --> 01:11:59.319
<v Speaker 5>they said that they don't have the records anymore. They

1124
01:11:59.359 --> 01:12:04.039
<v Speaker 5>were destroyed. And then we called the court and they

1125
01:12:04.079 --> 01:12:07.279
<v Speaker 5>said they couldn't find anything on it. So I was

1126
01:12:07.319 --> 01:12:10.800
<v Speaker 5>sort of left wondering what this was all about, and

1127
01:12:10.880 --> 01:12:13.720
<v Speaker 5>I knew he would I didn't. I kind of wanted

1128
01:12:13.720 --> 01:12:15.880
<v Speaker 5>to confront him about this and try to explain to

1129
01:12:15.920 --> 01:12:19.560
<v Speaker 5>me what this was about. I also learned I did

1130
01:12:19.560 --> 01:12:22.560
<v Speaker 5>a lot of digging into his family background, that you know,

1131
01:12:22.640 --> 01:12:25.520
<v Speaker 5>he and his brother were adopted, he had an adopted brother,

1132
01:12:26.960 --> 01:12:31.800
<v Speaker 5>and that he did have you know, siblings and other

1133
01:12:31.840 --> 01:12:34.119
<v Speaker 5>people around the country, and I was trying to reach

1134
01:12:34.159 --> 01:12:38.159
<v Speaker 5>out and make contact with them. And I also learned

1135
01:12:38.159 --> 01:12:42.039
<v Speaker 5>he had an ext wife and he did have two daughters.

1136
01:12:42.600 --> 01:12:48.800
<v Speaker 5>So I we we went to court and I'm confronting

1137
01:12:48.880 --> 01:12:52.359
<v Speaker 5>him with the information about the conviction, and the court

1138
01:12:52.359 --> 01:12:56.000
<v Speaker 5>would not allow me to ask any questions and about it,

1139
01:12:56.079 --> 01:12:59.560
<v Speaker 5>and then he did allow me to say. I asked

1140
01:12:59.640 --> 01:13:03.239
<v Speaker 5>him what he had any violence passed violent history against women,

1141
01:13:03.720 --> 01:13:07.720
<v Speaker 5>to which he answered, no, I never hit any woman

1142
01:13:08.000 --> 01:13:11.680
<v Speaker 5>or punched any woman. Ors was his answer. The judge

1143
01:13:11.680 --> 01:13:14.640
<v Speaker 5>would not allow me to explore or to ask him

1144
01:13:14.640 --> 01:13:19.000
<v Speaker 5>any other questions about his background or personal history. By

1145
01:13:19.039 --> 01:13:23.520
<v Speaker 5>the time the hearing was adjourned for a couple of weeks,

1146
01:13:23.560 --> 01:13:25.640
<v Speaker 5>I was incensed because I felt like there was so

1147
01:13:25.720 --> 01:13:28.640
<v Speaker 5>much more and I couldn't figure out what actually had happened.

1148
01:13:29.279 --> 01:13:33.279
<v Speaker 5>And that's when kind of we blew open. Michael bore we. Finally,

1149
01:13:33.600 --> 01:13:36.560
<v Speaker 5>I demanded that we get a hold of the court

1150
01:13:36.600 --> 01:13:39.079
<v Speaker 5>and find out there had to be records. There had

1151
01:13:39.119 --> 01:13:41.960
<v Speaker 5>to be some sort of record about what actually happened.

1152
01:13:42.640 --> 01:13:44.800
<v Speaker 5>And then we saw that he had a brother who

1153
01:13:44.800 --> 01:13:47.520
<v Speaker 5>had also been charged, which is why the court said

1154
01:13:47.560 --> 01:13:50.079
<v Speaker 5>they couldn't find the records of the lawful imprisonment. They

1155
01:13:50.079 --> 01:13:52.560
<v Speaker 5>were looking it was under the wrong name, John Boorr.

1156
01:13:53.279 --> 01:13:56.840
<v Speaker 5>So we located John Bourr in Erie, Pennsylvania. We made

1157
01:13:56.880 --> 01:13:59.119
<v Speaker 5>a bee line out there. We found him at a

1158
01:13:59.720 --> 01:14:03.640
<v Speaker 5>resid eventual sort of nursing home setting, and he proceeded

1159
01:14:03.680 --> 01:14:07.199
<v Speaker 5>to tell me the most unbelievable account of what had

1160
01:14:07.239 --> 01:14:11.439
<v Speaker 5>taken place. I was shocked. They had followed a woman

1161
01:14:11.520 --> 01:14:14.239
<v Speaker 5>home from her place of employment after she went out

1162
01:14:14.239 --> 01:14:16.079
<v Speaker 5>to grab a bike to eat. It was one o'clock

1163
01:14:16.119 --> 01:14:20.039
<v Speaker 5>in the morning. They boxed her in and her apartment complex.

1164
01:14:20.479 --> 01:14:23.600
<v Speaker 5>Michael got out of the car, went up behind her

1165
01:14:24.199 --> 01:14:27.199
<v Speaker 5>and grabbed her and tried stuffing her in the backseat

1166
01:14:27.239 --> 01:14:30.239
<v Speaker 5>of this yellow Mustang he was driving while John Borr

1167
01:14:30.319 --> 01:14:32.239
<v Speaker 5>was reaching in the back trying to grab her in.

1168
01:14:33.279 --> 01:14:35.800
<v Speaker 5>She provided enough leverage on the top of the car

1169
01:14:35.880 --> 01:14:39.039
<v Speaker 5>where she was able to break loose. Because they realized

1170
01:14:39.079 --> 01:14:41.640
<v Speaker 5>people in the apartment building were kind of she was

1171
01:14:41.680 --> 01:14:44.680
<v Speaker 5>making The victim was making enough noise to where lives

1172
01:14:44.680 --> 01:14:46.680
<v Speaker 5>were starting to go on, so they let her go.

1173
01:14:47.399 --> 01:14:50.079
<v Speaker 5>She ran in told her brother, who happened to be

1174
01:14:50.119 --> 01:14:53.359
<v Speaker 5>at her apartment. They called the police and they were

1175
01:14:53.359 --> 01:14:56.159
<v Speaker 5>able to catch them and arrest him. So for that

1176
01:14:56.600 --> 01:14:59.880
<v Speaker 5>they fled guilty to a misdemeanor and received a sentence

1177
01:14:59.880 --> 01:15:07.399
<v Speaker 5>of three years probation. And apparently before that, the disorderly

1178
01:15:07.479 --> 01:15:11.720
<v Speaker 5>conduct involved another woman that Michael Borr was following home

1179
01:15:11.760 --> 01:15:14.880
<v Speaker 5>from work and tried to rammer off the road, and

1180
01:15:15.159 --> 01:15:17.000
<v Speaker 5>he got out of his car when she was at

1181
01:15:17.000 --> 01:15:19.079
<v Speaker 5>a stop sign and started pounding on the windows, and

1182
01:15:19.119 --> 01:15:21.359
<v Speaker 5>she was so hysterical she drove right to a police

1183
01:15:21.399 --> 01:15:25.319
<v Speaker 5>station where there was a security officer outside the building

1184
01:15:25.760 --> 01:15:29.159
<v Speaker 5>and he was able to see Michael Borr circle back

1185
01:15:29.199 --> 01:15:32.680
<v Speaker 5>around and kind of look, and they were able to

1186
01:15:32.720 --> 01:15:34.880
<v Speaker 5>identify him and arrest him. And in that case, he

1187
01:15:34.960 --> 01:15:39.880
<v Speaker 5>fled to a disorderly conduct. So that was the basis

1188
01:15:39.880 --> 01:15:43.600
<v Speaker 5>for those two convictions. So we provide that information to

1189
01:15:43.680 --> 01:15:46.399
<v Speaker 5>the District Attorney's office, thinking, oh, this is just blown

1190
01:15:46.399 --> 01:15:48.399
<v Speaker 5>the whole case open. I mean, this has got to

1191
01:15:48.439 --> 01:15:51.479
<v Speaker 5>be something, you know, in light of the admissions the

1192
01:15:51.520 --> 01:15:53.680
<v Speaker 5>fallse sleeves that he called in all the writings that

1193
01:15:53.760 --> 01:15:57.279
<v Speaker 5>he made. You know, he made admissions to somebody at

1194
01:15:57.319 --> 01:15:59.880
<v Speaker 5>a tavern about how DISTRAUGHTI has been all these years

1195
01:16:00.079 --> 01:16:05.279
<v Speaker 5>us and knowing what happened, Yeah about Heidi. So we

1196
01:16:05.600 --> 01:16:08.600
<v Speaker 5>you know, I was really convinced that, wow, this is it,

1197
01:16:08.680 --> 01:16:10.720
<v Speaker 5>this is you know, they were so wrong about him,

1198
01:16:10.720 --> 01:16:12.720
<v Speaker 5>and they did no investigation, and here we have all

1199
01:16:12.720 --> 01:16:17.760
<v Speaker 5>this stuff. So of course that wasn't exactly what happened.

1200
01:16:20.560 --> 01:16:23.079
<v Speaker 5>Said Lisa said, he had a pit in his stomach

1201
01:16:23.520 --> 01:16:25.479
<v Speaker 5>and he wasn't sure what he was going to do,

1202
01:16:25.800 --> 01:16:27.520
<v Speaker 5>and he wanted to do the right thing. And if

1203
01:16:27.560 --> 01:16:29.880
<v Speaker 5>Gary's innocent, he wants to be the first one to

1204
01:16:30.000 --> 01:16:34.319
<v Speaker 5>make sure he doesn't do another day in prison. But

1205
01:16:34.319 --> 01:16:38.359
<v Speaker 5>but then when I flew in the victim to testify

1206
01:16:38.439 --> 01:16:42.079
<v Speaker 5>during the hearing about what happened, he objected that it

1207
01:16:42.159 --> 01:16:45.920
<v Speaker 5>wasn't relevant, and that it would be like saying, anyone

1208
01:16:46.199 --> 01:16:50.520
<v Speaker 5>you know who commits a burglary thereafter would be a

1209
01:16:50.560 --> 01:16:56.319
<v Speaker 5>suspect in any other burglary. And my response to that was,

1210
01:16:57.520 --> 01:17:03.760
<v Speaker 5>kidnappings of this nature, this brazen, emboldened sort of attack,

1211
01:17:03.880 --> 01:17:06.079
<v Speaker 5>where you're just grabbing a woman and stuffing or in

1212
01:17:06.119 --> 01:17:09.439
<v Speaker 5>the backseat of your car, is not something that's very

1213
01:17:09.439 --> 01:17:12.439
<v Speaker 5>common at all, and it's very unusual in the manner

1214
01:17:12.439 --> 01:17:15.399
<v Speaker 5>in which they were. The eyewitnesses were even talking about

1215
01:17:15.439 --> 01:17:18.479
<v Speaker 5>how this brute force was used to stuff hedy in

1216
01:17:18.520 --> 01:17:21.199
<v Speaker 5>the back of the van. You know, I don't know

1217
01:17:21.199 --> 01:17:24.000
<v Speaker 5>how in the coincidence that he was half a mile

1218
01:17:24.039 --> 01:17:26.920
<v Speaker 5>down the road and was in the store every day

1219
01:17:27.239 --> 01:17:29.840
<v Speaker 5>and knew that he was an informant and by the way,

1220
01:17:30.039 --> 01:17:33.840
<v Speaker 5>was involved in slinging drugs in the Oswego County area,

1221
01:17:35.000 --> 01:17:37.079
<v Speaker 5>all of those things and calling in of course, the

1222
01:17:37.159 --> 01:17:41.399
<v Speaker 5>falls leads. It wasn't just in a vacuum, Oh jeez,

1223
01:17:41.439 --> 01:17:44.680
<v Speaker 5>he'd tried to kidnap or an abduct a woman one time,

1224
01:17:45.159 --> 01:17:47.439
<v Speaker 5>there was more to it than that, and then of

1225
01:17:47.479 --> 01:17:51.520
<v Speaker 5>course after we knew something else happened and Beacons he

1226
01:17:51.640 --> 01:17:53.920
<v Speaker 5>was never arrested for it, but he was a suspect

1227
01:17:53.960 --> 01:17:59.359
<v Speaker 5>in the prosecution found that a woman who had been

1228
01:17:59.399 --> 01:18:02.279
<v Speaker 5>beaten over the head and the duplex that he owned,

1229
01:18:02.840 --> 01:18:07.600
<v Speaker 5>and he happened to quote discover her identified him as

1230
01:18:07.600 --> 01:18:12.439
<v Speaker 5>being the last person there and wanting to raper before

1231
01:18:12.520 --> 01:18:14.960
<v Speaker 5>she went unconscious and didn't remember who had hit her

1232
01:18:14.960 --> 01:18:16.920
<v Speaker 5>in the head and she was left, you know, she

1233
01:18:17.039 --> 01:18:20.239
<v Speaker 5>was They called it a doa initially because they didn't

1234
01:18:20.239 --> 01:18:22.279
<v Speaker 5>think she was going to survive. She went through seven

1235
01:18:22.600 --> 01:18:27.199
<v Speaker 5>brain surgeries, but to this day she you know, the

1236
01:18:27.279 --> 01:18:29.640
<v Speaker 5>last person. She believe she was running from Michael Boor

1237
01:18:29.760 --> 01:18:32.560
<v Speaker 5>throughout the apartment and that's the last thing she remembers.

1238
01:18:33.279 --> 01:18:37.760
<v Speaker 5>So right, that's pretty much the background of the three

1239
01:18:37.800 --> 01:18:40.479
<v Speaker 5>new suspects and the information that we were you know,

1240
01:18:40.720 --> 01:18:42.720
<v Speaker 5>trying to elicit throughout the courses of hearing.

1241
01:18:44.760 --> 01:18:49.159
<v Speaker 3>In twenty seventeen, Lisa, you were trying to petition New

1242
01:18:49.279 --> 01:18:52.680
<v Speaker 3>York's highest court and you said at this time that

1243
01:18:52.920 --> 01:18:56.439
<v Speaker 3>Gary was on boro time. So tell us you had

1244
01:18:56.760 --> 01:18:59.279
<v Speaker 3>met Gary and visited with Gary and told them about

1245
01:18:59.279 --> 01:19:03.800
<v Speaker 3>the new evidence, and tell us about the state of

1246
01:19:03.840 --> 01:19:06.960
<v Speaker 3>Gary and what he was like living in there for

1247
01:19:06.960 --> 01:19:10.880
<v Speaker 3>twenty years, and more about this highest court preparation.

1248
01:19:11.880 --> 01:19:16.119
<v Speaker 5>Sure, so when I first met Gary, I didn't realize

1249
01:19:16.399 --> 01:19:20.159
<v Speaker 5>how frail he would look because I hadn't met him before.

1250
01:19:20.159 --> 01:19:23.199
<v Speaker 5>I'd seen pictures from the media accounts, but I didn't

1251
01:19:23.399 --> 01:19:25.760
<v Speaker 5>I had never met him. And by the time I

1252
01:19:25.840 --> 01:19:30.000
<v Speaker 5>met him, he was really thin, and it winded him

1253
01:19:30.119 --> 01:19:31.960
<v Speaker 5>just to walk across the yard to get to the

1254
01:19:32.079 --> 01:19:36.640
<v Speaker 5>attorney visitation room. He had big old glasses on, and

1255
01:19:37.520 --> 01:19:42.199
<v Speaker 5>he was, you know, really struggling to breathe, but very

1256
01:19:42.279 --> 01:19:45.319
<v Speaker 5>happy that somebody took an interest in his case after

1257
01:19:45.359 --> 01:19:47.800
<v Speaker 5>all these years, because he by then he had given

1258
01:19:47.880 --> 01:19:50.399
<v Speaker 5>up all hope that he would ever be released. So

1259
01:19:50.439 --> 01:19:54.000
<v Speaker 5>he was just really hoping to die because it was

1260
01:19:54.039 --> 01:19:58.119
<v Speaker 5>the only way he believed he would be free. And

1261
01:19:58.239 --> 01:20:01.079
<v Speaker 5>as time went on, I got to know rather well,

1262
01:20:01.119 --> 01:20:04.279
<v Speaker 5>and he would write letters, and he was very funny

1263
01:20:04.319 --> 01:20:08.439
<v Speaker 5>and sarcastic and had a different sense of humor. But

1264
01:20:08.560 --> 01:20:17.000
<v Speaker 5>he was very likable and very funny considering he was

1265
01:20:17.479 --> 01:20:20.119
<v Speaker 5>in prison for something he didn't do. All those years,

1266
01:20:20.520 --> 01:20:23.079
<v Speaker 5>he was not a bitter person. He said, by the

1267
01:20:23.119 --> 01:20:25.520
<v Speaker 5>time I met him, he had already gotten over that

1268
01:20:25.600 --> 01:20:28.640
<v Speaker 5>part of it and just accepted his fate and realized that,

1269
01:20:29.079 --> 01:20:32.319
<v Speaker 5>you know, there's nothing more he can do. So he

1270
01:20:32.880 --> 01:20:34.680
<v Speaker 5>was just trying to make the best of it. And

1271
01:20:35.199 --> 01:20:37.840
<v Speaker 5>he had been working in the tailor shop. So as

1272
01:20:37.880 --> 01:20:40.520
<v Speaker 5>the case was progressing through the court system and he

1273
01:20:40.560 --> 01:20:43.359
<v Speaker 5>attended the hearing, he was seeing what was going on

1274
01:20:43.479 --> 01:20:45.840
<v Speaker 5>and the rulings that we were getting and the denial

1275
01:20:45.920 --> 01:20:50.279
<v Speaker 5>of being able to call witnesses, and at some point

1276
01:20:50.439 --> 01:20:54.199
<v Speaker 5>it reached it reached a point where he felt so

1277
01:20:54.399 --> 01:20:57.800
<v Speaker 5>discouraged and it was just going to happen all over again,

1278
01:20:57.920 --> 01:21:00.079
<v Speaker 5>and he was going to he didn't want to be

1279
01:21:00.119 --> 01:21:03.279
<v Speaker 5>at the hearing anymore. He had, you know, requested that

1280
01:21:03.399 --> 01:21:05.199
<v Speaker 5>I not make him sit through it. It was hard

1281
01:21:05.199 --> 01:21:07.520
<v Speaker 5>for him because he was he was he was frail,

1282
01:21:07.760 --> 01:21:10.760
<v Speaker 5>He had a bad back he had placed in his ankle.

1283
01:21:10.880 --> 01:21:12.880
<v Speaker 5>In the first day of the hearing, the sheriffs made

1284
01:21:12.960 --> 01:21:16.000
<v Speaker 5>him go down the set of stairs with his leg

1285
01:21:16.039 --> 01:21:19.239
<v Speaker 5>shackles on and his arms cuffed, his hands coughed together,

1286
01:21:19.720 --> 01:21:22.920
<v Speaker 5>and he lost his footing tripped and fell down the stairs.

1287
01:21:23.600 --> 01:21:25.840
<v Speaker 5>And why they didn't allow him to go down the

1288
01:21:25.880 --> 01:21:30.199
<v Speaker 5>elevator is beyond me, but they didn't, and he really

1289
01:21:30.279 --> 01:21:32.279
<v Speaker 5>hurt his back when he fell. So he was very

1290
01:21:32.399 --> 01:21:35.960
<v Speaker 5>uncomfortable and it was a shame. But as I was,

1291
01:21:36.439 --> 01:21:39.119
<v Speaker 5>as we were going through the appeal process, every time

1292
01:21:39.159 --> 01:21:41.439
<v Speaker 5>I would go visit aary and give him an update,

1293
01:21:41.520 --> 01:21:47.000
<v Speaker 5>he was increasingly looking more frail and his breathing was

1294
01:21:47.039 --> 01:21:51.239
<v Speaker 5>becoming more labored, And at one point I just looked

1295
01:21:51.279 --> 01:21:54.520
<v Speaker 5>at him and I was shocked at how fast he

1296
01:21:54.600 --> 01:21:58.479
<v Speaker 5>was declining. I could see that he was on borrowed time,

1297
01:21:58.800 --> 01:22:01.079
<v Speaker 5>and I felt like it was the race against time

1298
01:22:01.239 --> 01:22:04.000
<v Speaker 5>to actually provide give him news that he had been

1299
01:22:04.039 --> 01:22:06.119
<v Speaker 5>exonerated or that it was at least going to be

1300
01:22:06.159 --> 01:22:10.560
<v Speaker 5>granted a new trial. So yeah, I was becoming more

1301
01:22:10.600 --> 01:22:12.520
<v Speaker 5>and more concerned that he wasn't going to make it

1302
01:22:12.560 --> 01:22:18.560
<v Speaker 5>through the whole process. And then when we lost, we

1303
01:22:18.600 --> 01:22:22.319
<v Speaker 5>had at a Pellet division and we had one judge

1304
01:22:22.319 --> 01:22:28.039
<v Speaker 5>who dissented but wrote amazing descending opinion. It really kind

1305
01:22:28.079 --> 01:22:31.279
<v Speaker 5>of refueled me. Recharged. Okay, here we have a judge

1306
01:22:31.279 --> 01:22:34.800
<v Speaker 5>who believes and Gary's innocent. He's somebody who followed what

1307
01:22:34.840 --> 01:22:37.439
<v Speaker 5>the new evidence meant and he believes Gary deserves a

1308
01:22:37.479 --> 01:22:39.800
<v Speaker 5>new trial. So here we go. We're going to go

1309
01:22:39.840 --> 01:22:42.880
<v Speaker 5>to the Court of Appeals. And a lot of what

1310
01:22:42.920 --> 01:22:46.039
<v Speaker 5>I was being told is, hey, it's almost impossible to

1311
01:22:46.039 --> 01:22:52.319
<v Speaker 5>get your case heard at that level. And I wasn't

1312
01:22:52.319 --> 01:22:54.520
<v Speaker 5>going to hear of that. We were just going to

1313
01:22:54.560 --> 01:22:57.840
<v Speaker 5>put our best foot forward. And we got the news

1314
01:22:58.159 --> 01:23:00.560
<v Speaker 5>the Court of Appeals has decided to hear the case.

1315
01:23:00.640 --> 01:23:04.079
<v Speaker 5>We were beyond thrilled because I thought, Okay, this is it,

1316
01:23:04.760 --> 01:23:07.159
<v Speaker 5>you know, this is a level where we're going to

1317
01:23:07.159 --> 01:23:12.079
<v Speaker 5>get released for Gary. And then we get the decision

1318
01:23:12.119 --> 01:23:16.359
<v Speaker 5>back four to three. We lost, but again the descent

1319
01:23:16.560 --> 01:23:21.680
<v Speaker 5>was an amazing decision and much longer and much more

1320
01:23:22.640 --> 01:23:27.239
<v Speaker 5>detailed and much more analysis than the majority opinion. But

1321
01:23:27.319 --> 01:23:29.680
<v Speaker 5>I had to go to Gary and tell him that

1322
01:23:30.119 --> 01:23:34.079
<v Speaker 5>we have one more avenue to pursue at the Court

1323
01:23:34.079 --> 01:23:37.159
<v Speaker 5>of Appeals, and then it's into federal court, which is

1324
01:23:37.199 --> 01:23:40.600
<v Speaker 5>where we were originally thinking we would have to go anyway.

1325
01:23:41.359 --> 01:23:45.279
<v Speaker 5>But this process took so long. You know, here we

1326
01:23:45.439 --> 01:23:48.520
<v Speaker 5>start in twenty fourteen, now we're at twenty seventeen, and

1327
01:23:48.600 --> 01:23:53.239
<v Speaker 5>now we're twenty eighteen, and and Gary is just you know,

1328
01:23:54.760 --> 01:23:58.520
<v Speaker 5>just skeletal by then and not even able to breathe

1329
01:23:58.520 --> 01:24:04.039
<v Speaker 5>on his own. So it was it was sad and

1330
01:24:04.119 --> 01:24:11.720
<v Speaker 5>frustrating and disheartening. And you know, I just had wanted

1331
01:24:11.760 --> 01:24:15.279
<v Speaker 5>Gary to be able to hang on as long as possible,

1332
01:24:15.319 --> 01:24:18.119
<v Speaker 5>but I just knew that there was absolutely no chance

1333
01:24:18.159 --> 01:24:22.039
<v Speaker 5>that he could make it through a federal habeas petition.

1334
01:24:25.560 --> 01:24:30.640
<v Speaker 3>Tell us about his passing, and we hadn't mentioned his

1335
01:24:30.760 --> 01:24:33.560
<v Speaker 3>wife when she passed away.

1336
01:24:35.960 --> 01:24:40.680
<v Speaker 5>Yeah, Sharon passed away when she was undergoing surgery while

1337
01:24:40.720 --> 01:24:43.479
<v Speaker 5>Gary was in prison, shortly after they got married. I

1338
01:24:43.520 --> 01:24:46.399
<v Speaker 5>don't They weren't married very long. They did get married

1339
01:24:46.439 --> 01:24:51.239
<v Speaker 5>after after Gary had been convicted, So that and for

1340
01:24:51.560 --> 01:24:54.760
<v Speaker 5>you know, so that was Gary. It was a ninety

1341
01:24:54.920 --> 01:24:57.359
<v Speaker 5>sixth I believe John if I'm not, Yes.

1342
01:24:57.199 --> 01:24:58.520
<v Speaker 4>I think that's right. I think that's right.

1343
01:24:58.680 --> 01:25:01.039
<v Speaker 5>Yeah, I think that's right. And and you know, he

1344
01:25:01.079 --> 01:25:04.119
<v Speaker 5>had to learn about Sharon passing while he was in prison.

1345
01:25:04.279 --> 01:25:06.840
<v Speaker 5>And then by the time we were with the Court

1346
01:25:06.840 --> 01:25:10.119
<v Speaker 5>of Appeals, I had hired John as an investigator for

1347
01:25:10.199 --> 01:25:12.840
<v Speaker 5>our office at the Federal Public Defender's Office because he

1348
01:25:12.960 --> 01:25:17.199
<v Speaker 5>was seeking an early or a buyout because he had

1349
01:25:17.239 --> 01:25:19.479
<v Speaker 5>been he had been at the paper for more than

1350
01:25:19.520 --> 01:25:22.239
<v Speaker 5>thirty years, like he mentioned, and he was looking to

1351
01:25:22.399 --> 01:25:24.319
<v Speaker 5>you know, it was time for him, he felt, and

1352
01:25:24.520 --> 01:25:28.359
<v Speaker 5>we had an opening. So together we would frequently go

1353
01:25:28.960 --> 01:25:32.039
<v Speaker 5>keep Gary updated about his case, and we were with

1354
01:25:32.159 --> 01:25:37.600
<v Speaker 5>him a day before he passed, and it was really

1355
01:25:37.720 --> 01:25:40.199
<v Speaker 5>very hard. It was really hard to watch. We were

1356
01:25:40.239 --> 01:25:42.439
<v Speaker 5>there with his brother Richard he went and then his

1357
01:25:42.560 --> 01:25:46.520
<v Speaker 5>niece was also there, and you know, it was just

1358
01:25:48.039 --> 01:25:50.760
<v Speaker 5>really heartbreaking and sad. And I felt like I let

1359
01:25:50.800 --> 01:25:54.199
<v Speaker 5>him down because I'd kept promising him that we would

1360
01:25:54.239 --> 01:25:56.199
<v Speaker 5>win and we were going to keep going, and I

1361
01:25:56.279 --> 01:25:59.760
<v Speaker 5>just felt like I promised him something I wasn't able

1362
01:25:59.800 --> 01:26:03.279
<v Speaker 5>to live on, and I just it really tore me up,

1363
01:26:04.520 --> 01:26:08.560
<v Speaker 5>which is why we wanted to capture all of the

1364
01:26:08.600 --> 01:26:12.399
<v Speaker 5>events of what took place in the best possible way,

1365
01:26:13.159 --> 01:26:16.239
<v Speaker 5>in all all in one place for people to understand

1366
01:26:16.319 --> 01:26:20.479
<v Speaker 5>what happened throughout this process and how the system failed Gary.

1367
01:26:21.399 --> 01:26:23.000
<v Speaker 4>Yeah, And can I just say there were a couple

1368
01:26:23.119 --> 01:26:26.159
<v Speaker 4>there were a lot of moments throughout this investigation that

1369
01:26:26.239 --> 01:26:29.399
<v Speaker 4>I thought, Okay, this is it, this is it. One

1370
01:26:29.439 --> 01:26:32.399
<v Speaker 4>was when Lisa brought two more cadaver dogs back with

1371
01:26:32.479 --> 01:26:36.319
<v Speaker 4>the with their handlers, and those two dogs expertly trained

1372
01:26:36.760 --> 01:26:40.279
<v Speaker 4>also alerted for the scent of human remains. The other

1373
01:26:40.479 --> 01:26:42.760
<v Speaker 4>time that I thought this is this is huge, it's

1374
01:26:42.800 --> 01:26:44.960
<v Speaker 4>going to be it's going to push us over the

1375
01:26:45.079 --> 01:26:49.079
<v Speaker 4>edge was during the dig that the Sheriff's office did

1376
01:26:49.279 --> 01:26:54.039
<v Speaker 4>of the cabin site. Jennifer Wescott texted to a friend

1377
01:26:54.399 --> 01:26:57.640
<v Speaker 4>that I don't care what people are saying. I'm not

1378
01:26:58.079 --> 01:27:01.039
<v Speaker 4>saying nothing about it. I will not be the next

1379
01:27:01.159 --> 01:27:03.960
<v Speaker 4>one dead in a box in the woods. And that's

1380
01:27:04.199 --> 01:27:06.800
<v Speaker 4>that's her writing to someone thinking the whole world isn't watching.

1381
01:27:06.840 --> 01:27:09.239
<v Speaker 4>But there are a lot of moments like that. But

1382
01:27:09.640 --> 01:27:14.119
<v Speaker 4>unfortunately the people on your side, the prosecutors, the prosecutor

1383
01:27:14.239 --> 01:27:16.960
<v Speaker 4>Greg Oakes, just did not do the right thing.

1384
01:27:18.840 --> 01:27:22.760
<v Speaker 3>Yeah, it's an incredible tale. I want to thank you

1385
01:27:22.840 --> 01:27:25.600
<v Speaker 3>so much Lisa Peebles and John O'Brien for coming on

1386
01:27:25.720 --> 01:27:29.119
<v Speaker 3>and talking about Scrapped Justice and a team and fortant

1387
01:27:29.399 --> 01:27:33.239
<v Speaker 3>informant For those that might want to take a look

1388
01:27:33.279 --> 01:27:35.640
<v Speaker 3>at this, I know this is on Amazon and Barnes

1389
01:27:35.680 --> 01:27:38.159
<v Speaker 3>and Noble, but is there a Facebook page or a

1390
01:27:38.159 --> 01:27:40.960
<v Speaker 3>website or anything they might take. I'll take a look

1391
01:27:40.960 --> 01:27:41.560
<v Speaker 3>at this further.

1392
01:27:42.680 --> 01:27:45.560
<v Speaker 4>Yeah, we have an author's page on Facebook. It's called

1393
01:27:45.680 --> 01:27:52.880
<v Speaker 4>Scrapped Justice and a Team format and and our publishers

1394
01:27:53.079 --> 01:27:55.520
<v Speaker 4>is a black Rose Writing. You can get the book

1395
01:27:55.560 --> 01:27:58.840
<v Speaker 4>there or obviously on Amazon, Barnes and Noble of other places.

1396
01:27:59.600 --> 01:28:01.520
<v Speaker 4>And if people read it and they want to write

1397
01:28:01.520 --> 01:28:04.199
<v Speaker 4>a review, we'd be happy. We'd love to hear from people.

1398
01:28:05.439 --> 01:28:09.119
<v Speaker 3>Absolutely again, thank you so much Lisa Peebles and John

1399
01:28:09.159 --> 01:28:12.840
<v Speaker 3>O'Brien for this Scrapped Justice and the Team informant. This

1400
01:28:12.880 --> 01:28:16.640
<v Speaker 3>is a remarkable expose and an extraordinary book. Thank you

1401
01:28:16.720 --> 01:28:20.079
<v Speaker 3>so much for this review. We both have a great evening.

1402
01:28:20.960 --> 01:28:23.039
<v Speaker 4>Thank you, good night,
