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<v Speaker 4>You are now listening to True Murder, the most shocking

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<v Speaker 4>killers in true crime history and the authors that have

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<v Speaker 4>written about them. Gasey, Bundy, Dahmer, The Nightstalker DTK. Every

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<v Speaker 4>week another fascinating author talking about the most shocking and

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<v Speaker 4>infamous killers in true crime history. True Murder with your host,

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<v Speaker 4>journalist and author Dan Zufanski.

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<v Speaker 3>Good Evening. It was planned to look like a suicide,

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<v Speaker 3>but even in the best laid plans, evidence is left behind.

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<v Speaker 3>Joscelyn Brannham Earnest was found dead on the floor of

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<v Speaker 3>her living room in Forest, Virginia. By her side was

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<v Speaker 3>a gun and a suicide note, typed lacking a signature

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<v Speaker 3>and with one fingerprint on it, A fingerprint apparently belonging

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<v Speaker 3>to Joscelyn's estranged husband, Wesley Ernest, was a respected high

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<v Speaker 3>school administrator poised to restart his life in a new community.

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<v Speaker 3>Parents entrusted their children to his care and believed he

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<v Speaker 3>was above reproach, But the investigation into the life the

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<v Speaker 3>couple once shared would reveal adultery, troubled finances, and shattered dreams,

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<v Speaker 3>enough for one man with murder on his mind to

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<v Speaker 3>travel hundreds of miles. The book that were featuring this

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<v Speaker 3>evening is under Cover of the Night, a true story

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<v Speaker 3>of sex, greed and Murder. With my special guest, journalist

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<v Speaker 3>and author Diane Fanning. Thank you for Greenness interview, and

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<v Speaker 3>welcome back to the program. Diane Fanning.

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<v Speaker 6>Thank you, Dan, nice to be with you again tonight.

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<v Speaker 3>Well, thank you very much, and I've just got to

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<v Speaker 3>say to our audience that you were the very first

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<v Speaker 3>guest that we had on the program talking about your

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<v Speaker 3>wonderful book, Baby Be Mine, and it was quite the

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<v Speaker 3>beginning of the program, and I want to thank you

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<v Speaker 3>very much for starting it off and being one of

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<v Speaker 3>the great guests and especially a great guest to start

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<v Speaker 3>off this true murder. So now we're almost five years

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<v Speaker 3>into the program and you're back here at about another

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<v Speaker 3>five books under your belt in that five years, so

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<v Speaker 3>I want to congratulate you on this book. Fantastic, incredible tale,

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<v Speaker 3>and so let's get right to that then, Diane, I

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<v Speaker 3>give us a little bit of the history on this

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<v Speaker 3>Bedford community you were living in Texas when we spoke

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<v Speaker 3>to I don't know if it was the last time,

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<v Speaker 3>but one time you were living in Texas to tell

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<v Speaker 3>us how you came to be have something so close

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<v Speaker 3>to home in terms of a book.

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<v Speaker 6>Well, the funny thing is Dan, that I actually signed

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<v Speaker 6>the contract while I was living in Texas and had

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<v Speaker 6>no plans of moving, and then things in life changed,

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<v Speaker 6>in my personal life changed, and suddenly it seemed to

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<v Speaker 6>be time to move back to Virginia, and we ended

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<v Speaker 6>up buying a home, oh about twenty miles from the

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<v Speaker 6>murder scene.

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<v Speaker 3>Wow, amazing. Now, just before we get into talking about

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<v Speaker 3>this too, is you're with another publisher decided to publish this,

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<v Speaker 3>and I thought that was an interesting story as well.

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<v Speaker 3>Not take anything away from the last publisher, but why

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<v Speaker 3>it came to be that you kind of were fighting

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<v Speaker 3>for this story.

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<v Speaker 6>Well, I really believed in this story because it was

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<v Speaker 6>another case of a woman who was well loved by

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<v Speaker 6>friends and family, who was respected professionally, who was the

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<v Speaker 6>major breadwinner in her home. She had everything going for her.

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<v Speaker 6>There was no thing in her life that said, oh,

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<v Speaker 6>she's taking risks, she could become a victim. There was

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<v Speaker 6>nothing there, and yet this professional charming woman somehow ended

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<v Speaker 6>up dead in her own home, shot by the one

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<v Speaker 6>person who once promised to protect her and.

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<v Speaker 3>He seemed like a great guy. So let's go back

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<v Speaker 3>and talk about Jocelyn. Talk about her early life and

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<v Speaker 3>what basically shaped her to become the kind of really

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<v Speaker 3>upstanding kind of person that she really was well loved

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<v Speaker 3>by everyone. I know. That seems to be cliche, but

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<v Speaker 3>this is a a very overachieving type person, very dynamic person.

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<v Speaker 3>So let's talk about Joscelyn in her early life and

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<v Speaker 3>what that was like and what shaped her well.

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<v Speaker 6>Joscelyn was always a very athletic girl, and she grew

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<v Speaker 6>up basically as a tomboy and always wanting to to

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<v Speaker 6>do something a little more and achieve a little more.

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<v Speaker 6>She was born in Morgantown, West Virginia, and she was

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<v Speaker 6>a good sized baby, which she promised to grow up

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<v Speaker 6>to be big and hearty, and she did come right

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<v Speaker 6>become quite a robustly athletic girl. She participated in high

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<v Speaker 6>school sports and then when she went to the University

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<v Speaker 6>of West which she established one record after another. She

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<v Speaker 6>was a tremendous basketball player. She also enjoyed playing volleyball,

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<v Speaker 6>and it was through a lot of her love of

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<v Speaker 6>sports and her edge for competition that she found commonality

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<v Speaker 6>with Wesley Earnest while she was at college. They used

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<v Speaker 6>to watch sports together, they used to play together, they

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<v Speaker 6>worked in school together. They both ended up getting MBAs,

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<v Speaker 6>and after they married, Wesley also got his doctorate. So

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<v Speaker 6>they seemed well matched. Athletic, ambitious, hard working, and very driven.

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<v Speaker 6>And that was the tragedy of it all. Two people

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<v Speaker 6>who could have accomplished so much, we're now going to

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<v Speaker 6>accomplish nothing more.

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<v Speaker 3>So let's talk about Wesley. Let's talk about Wesley and

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<v Speaker 3>what his personality was. He was really, like you say, charismatic,

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<v Speaker 3>good looking, successful. Sometimes those people have another side, So

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<v Speaker 3>tell us what you found about his character.

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<v Speaker 6>Was very controlling, and part of the way he tried

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<v Speaker 6>to control Jocelyn was by belittling her. He would not

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<v Speaker 6>hesitate to do that in front of friends. He would

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<v Speaker 6>talk about how the wedding band on his fingers showed

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<v Speaker 6>his ownership. He tried to restrict her friendships and cut

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<v Speaker 6>off caught her off from her best friend. He also

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<v Speaker 6>did something that was very unusual. Neither one of them

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<v Speaker 6>had been religious and suddenly Wesley decided to become a

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<v Speaker 6>Jehovah's witness. Now that was peculiar for someone who was

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<v Speaker 6>married to Joscelyn, because Joscelyn came from a family where

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<v Speaker 6>holidays were a big deal. Every holiday of the year

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<v Speaker 6>was a big deal, particularly Thanksgiving and Christmas. They went

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<v Speaker 6>all out to celebrate. They did everything from Black Friday

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<v Speaker 6>shopping to going to parades of Christmas and Thanksgiving and

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<v Speaker 6>every other holiday was just huge. And Wesley became part

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<v Speaker 6>of a religion that did not believe in celebrating any holidays,

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<v Speaker 6>not even birthdays. Birthdays were also a big thing Joscelyn's family,

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<v Speaker 6>so this was inexplicable to Joscelyn. She couldn't understand it

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<v Speaker 6>why he would want to do that, And not only

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<v Speaker 6>did he want to do that, but he did want

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<v Speaker 6>to interfere with her ability to enjoy those occasions too.

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<v Speaker 6>One time, he went with her to her family's house

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<v Speaker 6>in West Virginia for Thanksgiving, and when she went in

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<v Speaker 6>to celebrate with her family, he sat out in the

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<v Speaker 6>car the whole time and would not even come in

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<v Speaker 6>and join in the holiday meal. It was very strangely rigid,

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<v Speaker 6>and you almost thought he did that just because he

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<v Speaker 6>knew the holidays meant so much to Joscelyn, and that

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<v Speaker 6>was another way of controlling her.

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<v Speaker 3>Now, before we get into a little bit more of

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<v Speaker 3>the controlling in terms of what he then suggests that

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<v Speaker 3>they should do in terms of their sexual relationship. And

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<v Speaker 3>again that creates problems. But how is it? What is

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<v Speaker 3>the dynamic between him? Is he the guy? Is he

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<v Speaker 3>the football player, handsome football player? And is this woman

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<v Speaker 3>although she's athletic and success you know, successful and good looking,

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<v Speaker 3>is still is that how he draws her in or

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<v Speaker 3>does he do this transformation? What do you have in

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<v Speaker 3>terms of in your book? Is it more of a

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<v Speaker 3>gradual transformation? It becomes more controlling once he has her

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<v Speaker 3>in his lair, once he's controlled her to the point

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<v Speaker 3>he's married her, he has her in a serious relationship.

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<v Speaker 3>Or is there something that she has had in her

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<v Speaker 3>relationship that binds her for a time with him, that

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<v Speaker 3>tolerates his kind of behavior from him.

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<v Speaker 6>I think she had a little bit of social insecurity,

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<v Speaker 6>and I think that made her a little easy to

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<v Speaker 6>fall under the spell of this good looking basketball star,

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<v Speaker 6>and he had a way of making her feel Initially

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<v Speaker 6>not like he was controlling her, but that he was

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<v Speaker 6>caring for her. And it was until after they were

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<v Speaker 6>married that he really started trying to limit like, for example,

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<v Speaker 6>her friends and who she was friends with and who

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<v Speaker 6>she spent time with, and also with the holiday thing.

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<v Speaker 6>It was one of the reasons why Joscelyn decided she

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<v Speaker 6>didn't want children with him, because she felt that their

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<v Speaker 6>religious beliefs were so totally incompatible that it would only

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<v Speaker 6>cause problems. And she also didn't think that his controlling

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<v Speaker 6>behavior would be a good environment for a child.

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<v Speaker 3>Now, with this verbal abuse and this controlling attitude, does

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<v Speaker 3>she believe that he is faithful? And what does she

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<v Speaker 3>discover and what does his behavior in terms of allegations,

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<v Speaker 3>What exactly does she find in terms of his faithfulness

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<v Speaker 3>in this marriage?

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<v Speaker 6>Well, I think that she probably suspected a little before

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<v Speaker 6>she knew, but he he had had a girlfriend that

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<v Speaker 6>he started seeing and she didn't really know about her.

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<v Speaker 6>But when he talked about her, he referred to her

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<v Speaker 6>as this fat girl that needed his help. And Jocelyn

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<v Speaker 6>was having doubts about this that he seemed to be

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<v Speaker 6>a little too focused on her for that if that

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00:15:21.200 --> 00:15:25.960
<v Speaker 6>was the only thing in their relationship, and he claimed

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<v Speaker 6>that she was a cleaning lady, and so she and

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00:15:31.120 --> 00:15:36.159
<v Speaker 6>her friend Jennifer went out one night looking for his

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00:15:36.399 --> 00:15:45.240
<v Speaker 6>vehicle and they spotted him at parked at a restaurant,

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00:15:45.440 --> 00:15:51.080
<v Speaker 6>and in the car was a very small red leather jacket,

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00:15:52.399 --> 00:15:57.639
<v Speaker 6>and she knew then that that woman was not a

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00:15:57.799 --> 00:16:02.159
<v Speaker 6>fat girl that needed someone to help, and so that

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00:16:02.440 --> 00:16:06.000
<v Speaker 6>was the beginning of finding out. But she was still

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00:16:06.240 --> 00:16:12.840
<v Speaker 6>willing to give him another chance, and he actually suggested

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<v Speaker 6>to her, you know, that this should be okay, that

225
00:16:18.559 --> 00:16:20.840
<v Speaker 6>he should be able to have someone on the side,

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<v Speaker 6>but she didn't think that made sense to be married

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<v Speaker 6>to someone that was doing that. So she then one

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00:16:30.720 --> 00:16:35.080
<v Speaker 6>night went with her friend Jennifer out to the home

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<v Speaker 6>he had built on Smith Mountain Lake, and that's where

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00:16:41.600 --> 00:16:48.799
<v Speaker 6>the final straw fell. She looked into this beautiful home

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00:16:49.720 --> 00:16:56.759
<v Speaker 6>with glass windows all around, and actually saw them going

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00:16:56.879 --> 00:17:05.240
<v Speaker 6>into bed together and starting to touch each other, and

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00:17:05.440 --> 00:17:10.759
<v Speaker 6>she screamed at them through the glass, and that was

234
00:17:10.839 --> 00:17:14.759
<v Speaker 6>the final straw for her. She knew that, you know,

235
00:17:15.599 --> 00:17:21.519
<v Speaker 6>all the lives were exposed, and she had to believe

236
00:17:21.640 --> 00:17:27.279
<v Speaker 6>what she saw firsthand, and that's when she filed for divorce.

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<v Speaker 3>Was she concerned about financial arrangements, because we're talking about

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00:17:34.880 --> 00:17:37.279
<v Speaker 3>a nice home over a million dollars a million and

239
00:17:37.319 --> 00:17:42.160
<v Speaker 3>a quarter, so there was some affluence attached to at

240
00:17:42.200 --> 00:17:44.880
<v Speaker 3>least do they believe at that time with him. Was

241
00:17:44.920 --> 00:17:46.799
<v Speaker 3>she concerned about that? Was she just trying to get

242
00:17:46.799 --> 00:17:47.839
<v Speaker 3>out girl?

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00:17:48.480 --> 00:17:53.200
<v Speaker 6>Well, she was not so much concerned about that. She thought,

244
00:17:54.000 --> 00:17:59.880
<v Speaker 6>you know that in the beginning, all she wanted was

245
00:18:00.079 --> 00:18:04.599
<v Speaker 6>a cozy little cabin on the lake. It was all

246
00:18:04.960 --> 00:18:12.119
<v Speaker 6>his idea to build a huge masterpiece to his wonderfulness

247
00:18:12.359 --> 00:18:15.200
<v Speaker 6>on the lake. And it was you know, the place

248
00:18:15.359 --> 00:18:19.759
<v Speaker 6>was worth more than a million dollars, and she didn't

249
00:18:19.799 --> 00:18:21.640
<v Speaker 6>want it. She didn't want to have anything to do

250
00:18:21.799 --> 00:18:25.440
<v Speaker 6>with it. She was fine. She could keep their house

251
00:18:25.519 --> 00:18:29.240
<v Speaker 6>in Forest and he could keep the place insist Mountain Lake.

252
00:18:31.759 --> 00:18:35.680
<v Speaker 6>There was a little problem though, for Wesley, in that

253
00:18:36.839 --> 00:18:39.720
<v Speaker 6>he wanted to keep that house, but the market, the

254
00:18:39.759 --> 00:18:43.400
<v Speaker 6>real estate market was down, so he couldn't get what

255
00:18:44.359 --> 00:18:48.359
<v Speaker 6>it was worth, and he couldn't get enough to cover

256
00:18:48.559 --> 00:18:54.160
<v Speaker 6>the mortgage. And with his salary alone, which was under

257
00:18:54.200 --> 00:18:59.119
<v Speaker 6>one hundred thousand, he could not pay that mortgage. But

258
00:19:00.079 --> 00:19:03.519
<v Speaker 6>Josson could, and for a while she was paying half

259
00:19:03.640 --> 00:19:09.519
<v Speaker 6>of it. Then when she died, he no longer had

260
00:19:10.000 --> 00:19:14.200
<v Speaker 6>enough money for the mortgage because people were looking at

261
00:19:14.240 --> 00:19:16.000
<v Speaker 6>him and he couldn't get to life insurance.

262
00:19:19.799 --> 00:19:24.039
<v Speaker 3>Now, what is the response once they realized with her

263
00:19:24.119 --> 00:19:27.880
<v Speaker 3>best friend Jennifer and her you know, doing the undercover

264
00:19:28.039 --> 00:19:30.759
<v Speaker 3>work and finding him to be fooling around with some

265
00:19:30.880 --> 00:19:33.960
<v Speaker 3>woman and so his stories are nonsense, what is her

266
00:19:34.039 --> 00:19:37.680
<v Speaker 3>next move? She files for tell us about the divorce

267
00:19:37.759 --> 00:19:42.559
<v Speaker 3>itself and proceedings in terms of how, you know, how

268
00:19:42.759 --> 00:19:44.559
<v Speaker 3>amicable is he did with the split?

269
00:19:47.720 --> 00:19:53.000
<v Speaker 6>It was kind of messy on the financial level because

270
00:19:53.119 --> 00:19:59.039
<v Speaker 6>he wanted he wanted alimony, and he wanted her to

271
00:19:59.160 --> 00:20:04.720
<v Speaker 6>cover some of his expenses because you know, technically she

272
00:20:04.759 --> 00:20:09.640
<v Speaker 6>could afford it and he couldn't. And then it got

273
00:20:09.720 --> 00:20:16.480
<v Speaker 6>even creepier. One night, while she wasn't there, he broke

274
00:20:16.599 --> 00:20:21.960
<v Speaker 6>into her house and he found the document that she

275
00:20:22.240 --> 00:20:27.319
<v Speaker 6>was preparing for her attorney that was basically a timeline

276
00:20:27.599 --> 00:20:32.319
<v Speaker 6>of things that had happened in their relationship, and he

277
00:20:32.640 --> 00:20:37.119
<v Speaker 6>actually wrote other things on there, and he wrote them

278
00:20:37.559 --> 00:20:43.200
<v Speaker 6>as if they were coming from Jocelyn. It was apparent

279
00:20:43.240 --> 00:20:45.880
<v Speaker 6>when they found this that it was different handwriting, but

280
00:20:46.039 --> 00:20:49.480
<v Speaker 6>he was writing things like Oh, Jocelyn told me to

281
00:20:49.599 --> 00:20:53.799
<v Speaker 6>go she didn't want sex anymore, go out and get

282
00:20:53.839 --> 00:21:00.799
<v Speaker 6>a girlfriend. And she was telling she was making he

283
00:21:01.039 --> 00:21:03.640
<v Speaker 6>was he was writing notes that made it sound like

284
00:21:04.119 --> 00:21:07.359
<v Speaker 6>she was praising him for being so understanding and such

285
00:21:07.400 --> 00:21:09.720
<v Speaker 6>a good husband and and things like that.

286
00:21:09.960 --> 00:21:10.200
<v Speaker 3>It was.

287
00:21:10.759 --> 00:21:20.920
<v Speaker 6>It was really bizarre. Then another time he Uh came

288
00:21:21.279 --> 00:21:25.160
<v Speaker 6>to her house late at night. He parked his car

289
00:21:25.400 --> 00:21:29.839
<v Speaker 6>a long ways away. He was dressed all in black,

290
00:21:30.720 --> 00:21:33.319
<v Speaker 6>and he came to her door and she would not

291
00:21:33.519 --> 00:21:40.880
<v Speaker 6>let him in and she caught Instead, she called Jennifer,

292
00:21:41.920 --> 00:21:45.480
<v Speaker 6>and Jennifer came out and talked to him and talked

293
00:21:45.839 --> 00:21:50.000
<v Speaker 6>to him, and finally after a couple hours, got him

294
00:21:50.039 --> 00:21:54.599
<v Speaker 6>to go away. But he was adamant that she gives

295
00:21:54.680 --> 00:21:58.880
<v Speaker 6>some papers to Jocelyn that they stopped going through the

296
00:21:59.000 --> 00:22:04.720
<v Speaker 6>lawyers and work this out between themselves and uh. But

297
00:22:04.960 --> 00:22:09.440
<v Speaker 6>really he was trying to manipulate the whole situation to

298
00:22:09.599 --> 00:22:16.319
<v Speaker 6>get what he wanted. And law enforcement strongly suspects that

299
00:22:17.000 --> 00:22:22.119
<v Speaker 6>that night his his real intention was to come up

300
00:22:22.160 --> 00:22:26.559
<v Speaker 6>there and kill her that night, and that wasn't his intention.

301
00:22:27.440 --> 00:22:30.880
<v Speaker 6>He was he was making a dry run to see

302
00:22:30.920 --> 00:22:32.119
<v Speaker 6>if he could pull it off.

303
00:22:34.839 --> 00:22:38.599
<v Speaker 3>Now, she Jocelyn has a couple of friends, Jennifer and Marcy,

304
00:22:39.400 --> 00:22:41.480
<v Speaker 3>And there's a maza which later.

305
00:22:41.640 --> 00:22:42.960
<v Speaker 6>But but.

306
00:22:44.880 --> 00:22:48.599
<v Speaker 3>And there's also the issue of does she write any

307
00:22:48.599 --> 00:22:51.119
<v Speaker 3>of this stuff down? And who does she confide to?

308
00:22:51.319 --> 00:22:53.359
<v Speaker 3>And what does she tell her friends in terms of

309
00:22:53.480 --> 00:22:58.480
<v Speaker 3>her now suspicion and and and sort of fear, what

310
00:22:58.720 --> 00:23:00.920
<v Speaker 3>what does that entail? And what does she tell her friends,

311
00:23:00.960 --> 00:23:03.640
<v Speaker 3>and what kind of detail and tell us if there

312
00:23:03.799 --> 00:23:05.920
<v Speaker 3>if she's writing stuff down, if she's writing any of

313
00:23:06.279 --> 00:23:07.759
<v Speaker 3>her intimate thoughts down.

314
00:23:08.920 --> 00:23:14.559
<v Speaker 6>She had about seventeen handwritten journals that she kept. They

315
00:23:14.680 --> 00:23:17.160
<v Speaker 6>found most of them in her home, some of them

316
00:23:17.240 --> 00:23:22.119
<v Speaker 6>in her office, where she wrote about everything that went

317
00:23:22.240 --> 00:23:26.200
<v Speaker 6>on between her and Wesley, everything he said and everything

318
00:23:26.279 --> 00:23:31.680
<v Speaker 6>he did, and everything she found out. And she also

319
00:23:31.880 --> 00:23:35.079
<v Speaker 6>told her family and friends that, you know, if anything

320
00:23:35.200 --> 00:23:39.079
<v Speaker 6>ever happens to me, even if it looks like an accident,

321
00:23:39.759 --> 00:23:47.240
<v Speaker 6>even if it looks like a suicide, Wesley did it. Yeah.

322
00:23:47.240 --> 00:23:52.559
<v Speaker 3>And that's not a light sentiment. That's not a comment

323
00:23:52.680 --> 00:23:55.119
<v Speaker 3>that people can just dismiss. So obviously there was an

324
00:23:55.160 --> 00:23:59.079
<v Speaker 3>interaction between her friends in that she definitely feared for

325
00:23:59.160 --> 00:24:01.960
<v Speaker 3>her life and and told her friends, why.

326
00:24:05.799 --> 00:24:10.240
<v Speaker 6>Oh, we're told I don't understand the question, did.

327
00:24:10.480 --> 00:24:13.039
<v Speaker 3>Well, what was the reason she gave that she was

328
00:24:13.640 --> 00:24:17.160
<v Speaker 3>other than these incidents? But why? What was the reason

329
00:24:17.279 --> 00:24:21.759
<v Speaker 3>why she believed that her husband would kill her if anyone.

330
00:24:23.680 --> 00:24:32.039
<v Speaker 6>Well, she felt that he wanted the life insurance, he

331
00:24:32.160 --> 00:24:38.079
<v Speaker 6>wanted her assets. He wanted to just get her out

332
00:24:38.119 --> 00:24:41.839
<v Speaker 6>of his life so that he didn't have to fool

333
00:24:41.960 --> 00:24:46.480
<v Speaker 6>with any of this divorced stuff anymore, because he didn't

334
00:24:46.519 --> 00:24:48.599
<v Speaker 6>feel he was getting a fair shake out of it.

335
00:24:49.240 --> 00:24:52.480
<v Speaker 6>He really thought that he should be getting support from Earth,

336
00:24:53.480 --> 00:24:57.359
<v Speaker 6>and nothing was going the way he wanted.

337
00:24:59.720 --> 00:24:59.880
<v Speaker 5>Was he?

338
00:25:00.599 --> 00:25:04.920
<v Speaker 3>How rejected was he and how angered was he by

339
00:25:05.039 --> 00:25:05.920
<v Speaker 3>that rejection?

340
00:25:08.119 --> 00:25:11.240
<v Speaker 6>Well, I mean she did reject him, and he was

341
00:25:12.039 --> 00:25:17.720
<v Speaker 6>angered by that because he certainly was losing control and

342
00:25:18.000 --> 00:25:21.559
<v Speaker 6>he wanted that control. He didn't really want her as

343
00:25:21.640 --> 00:25:25.759
<v Speaker 6>a person. He was already involved with someone else and

344
00:25:25.960 --> 00:25:31.960
<v Speaker 6>perfectly happy with that other woman. And he denied to

345
00:25:32.400 --> 00:25:36.359
<v Speaker 6>everybody in his new job in Chesapeake, Virginia that he

346
00:25:36.559 --> 00:25:41.440
<v Speaker 6>was even married. He said, no, I've never been married before.

347
00:25:42.640 --> 00:25:48.599
<v Speaker 6>And he also was very dismissive of his current girlfriend

348
00:25:48.720 --> 00:25:51.440
<v Speaker 6>to them, he referred to her as some chick I

349
00:25:51.559 --> 00:25:55.880
<v Speaker 6>met in the mountains. So he did not have a

350
00:25:55.960 --> 00:26:02.240
<v Speaker 6>lot of respect for women in general, and even less

351
00:26:02.680 --> 00:26:06.519
<v Speaker 6>for any woman who came under his control in any measure.

352
00:26:07.440 --> 00:26:15.279
<v Speaker 6>And he really didn't see any problem with how he

353
00:26:15.640 --> 00:26:22.079
<v Speaker 6>was because he's very narcissistic. He was always looking for

354
00:26:22.480 --> 00:26:26.160
<v Speaker 6>people to look up to him, to praise him. He

355
00:26:26.359 --> 00:26:30.200
<v Speaker 6>talked about how he didn't need to work. He told

356
00:26:30.319 --> 00:26:32.839
<v Speaker 6>all the people there he didn't need to work because

357
00:26:33.319 --> 00:26:37.480
<v Speaker 6>he was independently wealthy, and he had property in California

358
00:26:38.079 --> 00:26:43.319
<v Speaker 6>and had this beautiful lake home. And meanwhile out in

359
00:26:43.480 --> 00:26:49.599
<v Speaker 6>Chesapeake he's living in the boarding house and he's living

360
00:26:49.680 --> 00:26:53.880
<v Speaker 6>in a ratty little trailer on a campground. I mean,

361
00:26:54.119 --> 00:26:58.039
<v Speaker 6>he didn't have much anything, but he was spoke in

362
00:26:58.079 --> 00:26:58.920
<v Speaker 6>a mighty good.

363
00:26:58.839 --> 00:27:04.759
<v Speaker 3>Game before we get into the actual day. And I

364
00:27:06.160 --> 00:27:09.759
<v Speaker 3>love how your book has the minute by minute texting

365
00:27:09.839 --> 00:27:15.160
<v Speaker 3>between Marcy and Joscelyn and then the text fall away.

366
00:27:15.519 --> 00:27:18.680
<v Speaker 3>So before we get into that, I just wanted to know,

367
00:27:19.599 --> 00:27:23.960
<v Speaker 3>and again for our audience too, and this will be important,

368
00:27:24.000 --> 00:27:26.680
<v Speaker 3>and of course obviously it would be important. What was

369
00:27:26.880 --> 00:27:31.559
<v Speaker 3>written in the journal, say the last day or the

370
00:27:31.680 --> 00:27:35.480
<v Speaker 3>last days? And it was it a cryptic message? Was

371
00:27:35.519 --> 00:27:38.400
<v Speaker 3>there something in there? Besides, you know, telling her friends

372
00:27:38.440 --> 00:27:42.440
<v Speaker 3>that if something happens to me, was there anything in

373
00:27:42.559 --> 00:27:46.319
<v Speaker 3>a premonition type way in those last few days in

374
00:27:46.480 --> 00:27:47.440
<v Speaker 3>her journal.

375
00:27:48.680 --> 00:27:53.519
<v Speaker 6>She said, he will probably shoot me and then you'll

376
00:27:53.599 --> 00:27:54.559
<v Speaker 6>shoot himself.

377
00:27:57.440 --> 00:28:01.640
<v Speaker 3>And what day was that or just days?

378
00:28:01.839 --> 00:28:05.240
<v Speaker 6>I believe that that was just days before she died.

379
00:28:06.960 --> 00:28:12.559
<v Speaker 3>Okay, now we're talking about the Christmas time, and Marcy

380
00:28:12.640 --> 00:28:14.720
<v Speaker 3>takes a couple of weeks off. She has the ability

381
00:28:14.759 --> 00:28:17.359
<v Speaker 3>where she works kind of important versus it takes a

382
00:28:17.400 --> 00:28:20.519
<v Speaker 3>couple of weeks off to get all our Christmas shopping

383
00:28:20.559 --> 00:28:24.359
<v Speaker 3>done and everything done for preparations. Like you say, Jocelyn's

384
00:28:25.400 --> 00:28:30.079
<v Speaker 3>very much into the holidays and Marcy being being great

385
00:28:30.119 --> 00:28:33.720
<v Speaker 3>friends and Jennifer, everybody's into the holidays. So she has

386
00:28:33.799 --> 00:28:36.680
<v Speaker 3>some time off and they're texting and we're I think

387
00:28:36.759 --> 00:28:41.039
<v Speaker 3>this is around well, very close to Christmas, about a

388
00:28:41.079 --> 00:28:46.200
<v Speaker 3>week before Christmas, decembern was nineteenth or so, and so

389
00:28:46.359 --> 00:28:49.519
<v Speaker 3>tell us about the day and they, like many people

390
00:28:49.640 --> 00:28:53.759
<v Speaker 3>text between each other at work, and so tell us

391
00:28:53.759 --> 00:28:56.799
<v Speaker 3>about that day and the conversations that they had via text.

392
00:28:58.799 --> 00:29:02.880
<v Speaker 6>Well, they texted back and forth that day talking about

393
00:29:03.559 --> 00:29:08.160
<v Speaker 6>getting together that evening, and that was definitely what they

394
00:29:08.279 --> 00:29:11.799
<v Speaker 6>planned to do was to get together that evening, but

395
00:29:13.200 --> 00:29:22.640
<v Speaker 6>the plans were a little fluid because Jocelyn had meetings

396
00:29:22.720 --> 00:29:28.799
<v Speaker 6>at work. She was going to see her therapist after work,

397
00:29:29.920 --> 00:29:33.240
<v Speaker 6>she you know, so it all depended on when she

398
00:29:33.680 --> 00:29:37.960
<v Speaker 6>wrapped up her day, and Marcy was, you know, definitely

399
00:29:38.079 --> 00:29:43.200
<v Speaker 6>flexible since she wasn't working that week. She was in

400
00:29:43.240 --> 00:29:47.079
<v Speaker 6>an unusual situation where she and her husband were still

401
00:29:47.160 --> 00:29:51.599
<v Speaker 6>living in the same house, but they were technically separated

402
00:29:51.839 --> 00:29:55.680
<v Speaker 6>and staying in separate bedrooms. So she had a babysitter

403
00:29:55.799 --> 00:29:57.759
<v Speaker 6>there to take care of the kids, so she was

404
00:29:57.920 --> 00:30:03.200
<v Speaker 6>pretty free to come and go as she wanted. And

405
00:30:03.400 --> 00:30:09.240
<v Speaker 6>she was out running errands and still not hearing from

406
00:30:09.400 --> 00:30:16.039
<v Speaker 6>Joscelyn after the last message when they talked about getting together,

407
00:30:16.960 --> 00:30:20.000
<v Speaker 6>and it was getting late, and it was getting a

408
00:30:20.039 --> 00:30:24.440
<v Speaker 6>little late for dinner, and she was starting to get

409
00:30:24.599 --> 00:30:34.839
<v Speaker 6>nervous about that, and she went to her office to

410
00:30:35.119 --> 00:30:40.519
<v Speaker 6>drop off the Christmas gift she'd gotten for Jocelyn, which

411
00:30:40.759 --> 00:30:44.359
<v Speaker 6>was a set of Christmas lights for her house, and

412
00:30:44.640 --> 00:30:48.279
<v Speaker 6>Jocelyn wanted those but hadn't had them because Wesley wouldn't

413
00:30:48.279 --> 00:30:54.480
<v Speaker 6>allow them before. And then she started thinking, you know,

414
00:30:54.599 --> 00:30:57.079
<v Speaker 6>maybe I ought to go out and check on her,

415
00:30:57.279 --> 00:31:00.279
<v Speaker 6>and so she went out there and she noted said

416
00:31:00.359 --> 00:31:03.839
<v Speaker 6>Joscelyn's car was there, but there wasn't any light one

417
00:31:03.920 --> 00:31:06.799
<v Speaker 6>in the house. And she knocked on the door and

418
00:31:06.880 --> 00:31:10.680
<v Speaker 6>didn't get an answer, and finally she just gave up

419
00:31:10.720 --> 00:31:18.920
<v Speaker 6>and went home. But she was still troubled, very troubled.

420
00:31:19.000 --> 00:31:22.400
<v Speaker 6>And the next morning she went to work and there's

421
00:31:22.559 --> 00:31:25.680
<v Speaker 6>still no Jocelyn. She called her there. They worked in

422
00:31:25.759 --> 00:31:27.759
<v Speaker 6>different office, they worked at the same company, but in

423
00:31:27.799 --> 00:31:31.680
<v Speaker 6>different offices, and she called for her and she wasn't there,

424
00:31:32.559 --> 00:31:35.480
<v Speaker 6>and finally she just hid it that a little later

425
00:31:35.559 --> 00:31:38.319
<v Speaker 6>in the morning, she just had to go out and

426
00:31:39.000 --> 00:31:42.279
<v Speaker 6>something must be wrong. She was afraid she'd hurt herself

427
00:31:43.240 --> 00:31:47.039
<v Speaker 6>or was sick, and so she went out there and

428
00:31:49.279 --> 00:31:51.640
<v Speaker 6>couldn't get an answer at the front door, couldn't get

429
00:31:51.640 --> 00:31:55.079
<v Speaker 6>an answer at the back door. She knew there was

430
00:31:55.160 --> 00:31:59.599
<v Speaker 6>a spare key hanging in a shed, but she knew

431
00:31:59.680 --> 00:32:04.759
<v Speaker 6>that that Jocelyn had a security system and she didn't

432
00:32:04.799 --> 00:32:10.400
<v Speaker 6>know the code. So she called another friend, Mesa, to

433
00:32:10.480 --> 00:32:14.279
<v Speaker 6>get the code for the security system from her, and

434
00:32:15.759 --> 00:32:20.319
<v Speaker 6>that's when she let herself in the back door and

435
00:32:20.799 --> 00:32:26.279
<v Speaker 6>saw the body of Jocelyn laying on the floor. She

436
00:32:26.559 --> 00:32:31.240
<v Speaker 6>rushed to her side and realized she wasn't breathing and

437
00:32:31.359 --> 00:32:35.319
<v Speaker 6>there was something she could do. She called Masa first,

438
00:32:35.519 --> 00:32:39.440
<v Speaker 6>which kind of seems a little strange, but she was panicking,

439
00:32:40.119 --> 00:32:45.559
<v Speaker 6>and they discussed it and both decided they needed to

440
00:32:45.599 --> 00:32:47.240
<v Speaker 6>call nine one one, and they did.

441
00:32:50.720 --> 00:32:55.440
<v Speaker 3>Now, like we alluded to in the synopsis of the book,

442
00:32:58.119 --> 00:33:01.960
<v Speaker 3>you can tell us how she was found. But right

443
00:33:02.000 --> 00:33:06.039
<v Speaker 3>away when police are come there, they see a suicide note.

444
00:33:06.079 --> 00:33:08.480
<v Speaker 3>So tell us about the suicide note and all of

445
00:33:08.799 --> 00:33:11.680
<v Speaker 3>how she was exactly found, because this is, of course

446
00:33:11.759 --> 00:33:14.119
<v Speaker 3>the very most important part of the evidence.

447
00:33:16.720 --> 00:33:22.480
<v Speaker 6>Well, one scene, the homicide detectives got there, the red

448
00:33:22.559 --> 00:33:28.480
<v Speaker 6>flags started flying. For one thing, there was a long

449
00:33:28.960 --> 00:33:33.119
<v Speaker 6>streak of blood went across the living room floor, and

450
00:33:33.519 --> 00:33:35.599
<v Speaker 6>it looked like her hair had been drunk through it.

451
00:33:38.839 --> 00:33:42.119
<v Speaker 6>The other thing was the position of the gun. The

452
00:33:42.279 --> 00:33:46.680
<v Speaker 6>gun was sort of on one side of her body,

453
00:33:46.759 --> 00:33:50.319
<v Speaker 6>on her coat, but it was on a way where

454
00:33:50.359 --> 00:33:55.079
<v Speaker 6>if someone had used the gun to shoot themselves, it

455
00:33:55.119 --> 00:33:57.599
<v Speaker 6>wouldn't have naturally fallen.

456
00:33:58.880 --> 00:33:59.039
<v Speaker 3>Right.

457
00:34:00.000 --> 00:34:04.240
<v Speaker 6>And they found this folded up note on the floor

458
00:34:05.519 --> 00:34:10.079
<v Speaker 6>and they opened it up and it was all typewritten

459
00:34:11.760 --> 00:34:15.960
<v Speaker 6>and it had no signature, and quite frankly, it was

460
00:34:16.079 --> 00:34:23.159
<v Speaker 6>pretty kind to Wesley. And so they didn't know anything

461
00:34:23.159 --> 00:34:25.880
<v Speaker 6>about the relationship at this point, but they soon learned

462
00:34:25.880 --> 00:34:29.960
<v Speaker 6>when they started talking to her friends. But they also

463
00:34:30.079 --> 00:34:33.639
<v Speaker 6>learned in searching the house that there were all these

464
00:34:33.719 --> 00:34:39.400
<v Speaker 6>handwritten journals. So why would somebody that filled all these

465
00:34:39.559 --> 00:34:44.079
<v Speaker 6>notebooks with handwritten notes? Why would a person like that

466
00:34:45.519 --> 00:34:52.559
<v Speaker 6>type the suicide note? And plus there was no functional

467
00:34:52.679 --> 00:34:56.079
<v Speaker 6>printer in the home. None of the computers had a

468
00:34:56.159 --> 00:35:00.400
<v Speaker 6>printer hooked up. There wasn't a typewriter there, So where

469
00:35:00.440 --> 00:35:07.159
<v Speaker 6>did it come from? And that was sound for analysis, Yeah,

470
00:35:07.280 --> 00:35:08.199
<v Speaker 6>and so there's.

471
00:35:08.239 --> 00:35:10.400
<v Speaker 3>Going to be some fingerprint analysis. We'll talk about that

472
00:35:10.559 --> 00:35:13.280
<v Speaker 3>in a bit as well. So what did they determine

473
00:35:13.320 --> 00:35:17.760
<v Speaker 3>with the streak of hair in terms of what did

474
00:35:17.800 --> 00:35:18.760
<v Speaker 3>they conclude from that?

475
00:35:20.840 --> 00:35:25.760
<v Speaker 6>It seemed obvious when they could they examined the way

476
00:35:25.880 --> 00:35:28.800
<v Speaker 6>the hair was laying with blood in it and the

477
00:35:29.800 --> 00:35:36.159
<v Speaker 6>blood trail across the floor that at some point in

478
00:35:36.400 --> 00:35:43.159
<v Speaker 6>time while she was still bleeding, someone moved her body.

479
00:35:44.920 --> 00:35:47.119
<v Speaker 6>It was not the kind of movement that she could

480
00:35:47.159 --> 00:35:56.880
<v Speaker 6>have made herself that indicate that wasn't a self implicted gunshot.

481
00:35:58.840 --> 00:36:04.079
<v Speaker 3>When police spoke to Marcy, did she have anything to

482
00:36:04.159 --> 00:36:06.320
<v Speaker 3>say in terms of who she thought might have done this.

483
00:36:08.079 --> 00:36:12.320
<v Speaker 6>Marcy immediately appointed to singer at Wesley and told him

484
00:36:12.400 --> 00:36:20.000
<v Speaker 6>that she was afraid of Wesley, and so was Jocelyn.

485
00:36:21.559 --> 00:36:27.119
<v Speaker 6>Joscelyn was She would when she came home. She often

486
00:36:27.199 --> 00:36:31.599
<v Speaker 6>would before she would get out of the car, she

487
00:36:31.679 --> 00:36:34.599
<v Speaker 6>would look all around. Sometimes she would drive back her

488
00:36:34.639 --> 00:36:36.960
<v Speaker 6>house and come back to make sure no one was there.

489
00:36:37.840 --> 00:36:47.719
<v Speaker 6>And Marcy was very much in love with Joscelyn. Jocelyn

490
00:36:47.920 --> 00:36:51.440
<v Speaker 6>kissed her once, but I don't think that Jocelyn was

491
00:36:51.519 --> 00:36:56.480
<v Speaker 6>inclined that way. I just knowing how Marcy felt. Joscelyn

492
00:36:56.639 --> 00:36:59.920
<v Speaker 6>was just kind to her at that point in time,

493
00:37:01.119 --> 00:37:06.400
<v Speaker 6>but there was not a relationship, a romantic relationship between them,

494
00:37:06.920 --> 00:37:15.960
<v Speaker 6>although there were romantic feelings on Marcy's part, and Joscelyn

495
00:37:18.599 --> 00:37:23.079
<v Speaker 6>told her enough about what Wesley has done that Marcy

496
00:37:23.280 --> 00:37:30.960
<v Speaker 6>was afraid that if Wesley learned about how she felt

497
00:37:30.960 --> 00:37:35.000
<v Speaker 6>about Joscelyn, that he would kill her too, So she

498
00:37:35.440 --> 00:37:39.679
<v Speaker 6>wouldn't even go out and mowered lawn without having a

499
00:37:39.760 --> 00:37:40.400
<v Speaker 6>weapon on her.

500
00:37:42.800 --> 00:37:46.960
<v Speaker 3>Was there any indication did Wesley have an indication that

501
00:37:47.199 --> 00:37:52.079
<v Speaker 3>Marcy was lesbian preferred women or.

502
00:37:53.599 --> 00:37:58.119
<v Speaker 6>I don't think that Wesley knew that at all. And

503
00:37:58.800 --> 00:38:03.400
<v Speaker 6>the only reason came out was because Wesley, in this

504
00:38:03.599 --> 00:38:09.000
<v Speaker 6>suicide note, he composed as if he were Joscelyn talked

505
00:38:09.039 --> 00:38:12.880
<v Speaker 6>about a new relationship.

506
00:38:14.159 --> 00:38:14.239
<v Speaker 3>And.

507
00:38:18.159 --> 00:38:23.119
<v Speaker 6>It is thought that he probably did that to implicate

508
00:38:23.360 --> 00:38:25.800
<v Speaker 6>someone else in her life and take the heat off

509
00:38:25.880 --> 00:38:33.440
<v Speaker 6>of him. Also, the peculiar thing they found was condoms

510
00:38:33.559 --> 00:38:40.400
<v Speaker 6>and a drawer. No one else who had known her closely,

511
00:38:40.559 --> 00:38:42.559
<v Speaker 6>like her mother and her sister and her best friend

512
00:38:42.599 --> 00:38:47.039
<v Speaker 6>and I had ever seen condoms in that house after

513
00:38:47.639 --> 00:38:51.360
<v Speaker 6>Wesley moved out. They just weren't there. They'd been in

514
00:38:51.440 --> 00:38:55.800
<v Speaker 6>that particular drawer and they hadn't been there, So there

515
00:38:55.880 --> 00:38:58.920
<v Speaker 6>was a strong suspicion that he planted those as well.

516
00:39:00.280 --> 00:39:06.719
<v Speaker 6>Also in the spare bathroom condom wrapper thrown in the trash,

517
00:39:07.920 --> 00:39:11.920
<v Speaker 6>So it looked like he was trying to set everything up,

518
00:39:12.800 --> 00:39:17.000
<v Speaker 6>that this was all caused by a romance. So if

519
00:39:17.039 --> 00:39:20.280
<v Speaker 6>they didn't buy the suicide, they would be looking for

520
00:39:20.440 --> 00:39:21.400
<v Speaker 6>this other man.

521
00:39:24.159 --> 00:39:27.880
<v Speaker 3>What was because we haven't you haven't said, but what

522
00:39:28.119 --> 00:39:31.320
<v Speaker 3>was actually in that note? What was said in that note?

523
00:39:31.360 --> 00:39:32.599
<v Speaker 3>What's the gist of that note.

524
00:39:34.960 --> 00:39:44.679
<v Speaker 6>The note talked about Wesley being a good guy and

525
00:39:46.400 --> 00:39:51.840
<v Speaker 6>that she was sorry for what she was doing. She

526
00:39:51.960 --> 00:39:58.400
<v Speaker 6>couldn't take it anymore, and she said she has always

527
00:39:58.559 --> 00:40:03.440
<v Speaker 6>tried to appear, oh, like she was doing well, but

528
00:40:03.639 --> 00:40:07.840
<v Speaker 6>everything was just so overwhelming and she felt so lonely

529
00:40:08.119 --> 00:40:11.800
<v Speaker 6>so much of the time, and her new love wouldn't

530
00:40:11.880 --> 00:40:14.119
<v Speaker 6>leave her, leave the family.

531
00:40:14.559 --> 00:40:14.639
<v Speaker 2>And.

532
00:40:17.280 --> 00:40:24.639
<v Speaker 6>Wesley had buried us in dad, and so she was

533
00:40:24.800 --> 00:40:28.159
<v Speaker 6>just sorry. She just said she didn't have the strength anymore,

534
00:40:28.639 --> 00:40:30.840
<v Speaker 6>and she was writing it to her mother and saying

535
00:40:30.960 --> 00:40:31.719
<v Speaker 6>she was sorry.

536
00:40:36.360 --> 00:40:39.519
<v Speaker 3>Now, police look at all of the evidence. Obviously, like

537
00:40:39.599 --> 00:40:43.199
<v Speaker 3>you say, the red flags were evident right in the

538
00:40:43.280 --> 00:40:47.239
<v Speaker 3>beginning because of the left and right, you know, shot

539
00:40:47.320 --> 00:40:49.559
<v Speaker 3>in the left, temple, gun on the right side, all

540
00:40:49.719 --> 00:40:53.599
<v Speaker 3>kinds of things that are that they're not right, don't

541
00:40:53.599 --> 00:41:01.280
<v Speaker 3>look right now. To compound that problem, they contacts and

542
00:41:01.400 --> 00:41:03.559
<v Speaker 3>what does he have to say, how does what's his

543
00:41:03.760 --> 00:41:07.440
<v Speaker 3>demeanor and what's his response to the news that his

544
00:41:07.519 --> 00:41:12.679
<v Speaker 3>wife has been murdered or he kind.

545
00:41:12.559 --> 00:41:18.159
<v Speaker 6>Of was blase about it. He suggested suicide right away

546
00:41:18.440 --> 00:41:25.519
<v Speaker 6>and said that he learned about it from his girlfriend's mother.

547
00:41:26.400 --> 00:41:31.480
<v Speaker 6>Although police had been calling and leaving messages all day.

548
00:41:31.880 --> 00:41:36.840
<v Speaker 6>I mean, he didn't seem to gather anything from that,

549
00:41:37.599 --> 00:41:44.719
<v Speaker 6>and he just didn't seem to be as rattled as

550
00:41:44.840 --> 00:41:46.519
<v Speaker 6>one would think he would be.

551
00:41:48.719 --> 00:41:52.480
<v Speaker 3>He was also asked to come in and to be

552
00:41:52.639 --> 00:41:56.280
<v Speaker 3>questioned that night, and he refused. He said, I want

553
00:41:56.320 --> 00:41:58.239
<v Speaker 3>to do it the next morning, and so they asked

554
00:41:58.320 --> 00:42:03.920
<v Speaker 3>him again, and they said they commented too, that he

555
00:42:04.039 --> 00:42:07.880
<v Speaker 3>really didn't ask too many Well, he didn't ask questions about.

556
00:42:07.599 --> 00:42:10.119
<v Speaker 6>Oh, he didn't ask questions. He didn't ask how did

557
00:42:10.199 --> 00:42:14.360
<v Speaker 6>she die, he didn't ask where did it happen? He

558
00:42:14.639 --> 00:42:21.039
<v Speaker 6>had very little to say and just couldn't be bothered

559
00:42:21.639 --> 00:42:26.320
<v Speaker 6>to go to the police station that night. It seemed

560
00:42:26.360 --> 00:42:30.719
<v Speaker 6>to me, even if you're in the middle of divorcing someone,

561
00:42:31.960 --> 00:42:35.840
<v Speaker 6>if they're suddenly dead, I mean, you had all those

562
00:42:35.920 --> 00:42:38.639
<v Speaker 6>years together, you spent all those years in the same bed,

563
00:42:39.440 --> 00:42:42.159
<v Speaker 6>it seemed like you would get up the desire to

564
00:42:42.519 --> 00:42:46.960
<v Speaker 6>do something right away, and you know not to Oh,

565
00:42:47.119 --> 00:42:49.960
<v Speaker 6>I'm just I just drove up from Jess Beak. I'm tired.

566
00:42:52.159 --> 00:42:56.000
<v Speaker 3>Just so, how do police proceed and how long is

567
00:42:56.039 --> 00:42:58.760
<v Speaker 3>it before they make an arrest and what do they

568
00:42:58.840 --> 00:43:01.840
<v Speaker 3>base the tell us about the details of the eventual

569
00:43:03.000 --> 00:43:06.119
<v Speaker 3>charging and arrest. How long does that take? And tell

570
00:43:06.199 --> 00:43:06.679
<v Speaker 3>us about that.

571
00:43:08.480 --> 00:43:14.599
<v Speaker 6>Well, it took. It took a little while because they

572
00:43:14.719 --> 00:43:18.559
<v Speaker 6>had to get back you know, DNA results, and they

573
00:43:18.719 --> 00:43:25.360
<v Speaker 6>had to investigate some other people, some that he had

574
00:43:25.480 --> 00:43:30.639
<v Speaker 6>pointed out, and just other people that were in her

575
00:43:30.760 --> 00:43:34.440
<v Speaker 6>life set like, for instance, the people the first person

576
00:43:34.519 --> 00:43:36.960
<v Speaker 6>that found the body, the second person on the scene.

577
00:43:37.719 --> 00:43:46.119
<v Speaker 6>Those things were just you know, the kinds of things

578
00:43:46.199 --> 00:43:49.920
<v Speaker 6>they needed to cover. They couldn't arrest someone and had

579
00:43:50.719 --> 00:43:56.920
<v Speaker 6>have loose ends all over the place, and so they

580
00:43:57.159 --> 00:44:03.079
<v Speaker 6>took their time looking into all the things and it

581
00:44:03.760 --> 00:44:07.559
<v Speaker 6>was a little more than a month later when they

582
00:44:07.719 --> 00:44:13.000
<v Speaker 6>finally did arrest him, when they had taken care of

583
00:44:13.840 --> 00:44:21.440
<v Speaker 6>all the questions. And two things that made that very

584
00:44:23.199 --> 00:44:26.719
<v Speaker 6>likely to happen was the result of the fingerprint test

585
00:44:27.079 --> 00:44:31.679
<v Speaker 6>on the suicide note, which showed that it was Wesley's print.

586
00:44:31.840 --> 00:44:37.280
<v Speaker 6>And the other thing was the return of the autopsy report,

587
00:44:38.039 --> 00:44:41.960
<v Speaker 6>which called her death homicide and not suicide.

588
00:44:43.880 --> 00:44:46.039
<v Speaker 3>How did they come to that conclusion? Why did they

589
00:44:46.119 --> 00:44:47.199
<v Speaker 3>come to that conclusion?

590
00:44:49.159 --> 00:44:57.079
<v Speaker 6>The medical examiner came to that conclusion because of the

591
00:44:58.239 --> 00:45:04.760
<v Speaker 6>way that the angle of the wound, the way it

592
00:45:04.960 --> 00:45:10.440
<v Speaker 6>came in sort of in the back of her ear,

593
00:45:11.079 --> 00:45:14.079
<v Speaker 6>which is a very awkward place to try to hold

594
00:45:14.159 --> 00:45:24.519
<v Speaker 6>a gun, and it also was where the gun itself was.

595
00:45:26.480 --> 00:45:34.639
<v Speaker 6>The death scene was part of that investigation, and so

596
00:45:34.800 --> 00:45:38.639
<v Speaker 6>all of those things factored together and the medical exammer

597
00:45:38.760 --> 00:45:42.000
<v Speaker 6>reached a conclusion of a homicide.

598
00:45:44.800 --> 00:45:49.400
<v Speaker 3>Now does Wesley how does he have the means? Does

599
00:45:49.480 --> 00:45:53.440
<v Speaker 3>he the ability to get a high profile lawyer. Obviously

600
00:45:53.559 --> 00:45:56.360
<v Speaker 3>he's smart enough not to have said anything and made

601
00:45:56.400 --> 00:46:01.559
<v Speaker 3>any incriminating statements. So how does he proceed with his defense?

602
00:46:02.320 --> 00:46:05.960
<v Speaker 3>And what is the theory of the prosecution, What do

603
00:46:06.079 --> 00:46:08.119
<v Speaker 3>they think the motive is for this, and how do

604
00:46:08.239 --> 00:46:10.199
<v Speaker 3>they sort of present their case.

605
00:46:12.039 --> 00:46:18.800
<v Speaker 6>The prosecution sees the mode of his greed that you know,

606
00:46:19.000 --> 00:46:23.199
<v Speaker 6>Wesley wanted her money and her assets to continue his

607
00:46:23.400 --> 00:46:29.960
<v Speaker 6>style of life. In retrospect, he probably miscalculated because he

608
00:46:30.960 --> 00:46:34.159
<v Speaker 6>ended up not only having to dump every bit of

609
00:46:34.239 --> 00:46:40.199
<v Speaker 6>money he originally got from her dass into the lawyer,

610
00:46:40.960 --> 00:46:45.480
<v Speaker 6>and then without her income, he was about to lose

611
00:46:45.559 --> 00:46:48.760
<v Speaker 6>his house, and in all likelihood he was the one

612
00:46:48.880 --> 00:46:52.199
<v Speaker 6>that set it on fire, because there wasn't intentionally lit

613
00:46:52.360 --> 00:46:55.719
<v Speaker 6>fire at that one point two million dollars lay count,

614
00:46:57.880 --> 00:47:02.360
<v Speaker 6>but they think she was just uh, not doing what

615
00:47:02.559 --> 00:47:06.480
<v Speaker 6>Wesley wanted and not giving him the kind of support

616
00:47:07.320 --> 00:47:10.480
<v Speaker 6>in the separation and not letting things go his way.

617
00:47:11.199 --> 00:47:13.280
<v Speaker 6>And he just thought it was going to be a

618
00:47:13.320 --> 00:47:16.800
<v Speaker 6>whole lot easier for him in his future if she

619
00:47:17.000 --> 00:47:17.719
<v Speaker 6>was just gone.

620
00:47:20.280 --> 00:47:23.400
<v Speaker 3>Now for the the the trial buffs that are out

621
00:47:23.440 --> 00:47:25.960
<v Speaker 3>there in the audience, which I am a big, huge

622
00:47:27.119 --> 00:47:30.920
<v Speaker 3>murder trial buff and how things are different in different places.

623
00:47:32.440 --> 00:47:36.199
<v Speaker 3>How does it work in terms of the journals? Now

624
00:47:36.679 --> 00:47:39.440
<v Speaker 3>what the police, the police looked at them, the prosecution

625
00:47:39.800 --> 00:47:43.840
<v Speaker 3>has them. But what happens in terms of admissibility of

626
00:47:44.039 --> 00:47:46.719
<v Speaker 3>those journals in this trial?

627
00:47:47.800 --> 00:47:51.679
<v Speaker 6>Well, because of law in Virginia, the judge ruled that

628
00:47:52.440 --> 00:48:00.840
<v Speaker 6>the journals them the contents of the journals were not

629
00:48:01.480 --> 00:48:10.199
<v Speaker 6>admissible or could not be seen by the jurors, because

630
00:48:10.480 --> 00:48:17.199
<v Speaker 6>to present them as evidence would be to put up

631
00:48:17.239 --> 00:48:21.840
<v Speaker 6>a witness that could not be cause examined by the defense.

632
00:48:23.079 --> 00:48:28.960
<v Speaker 6>But he did allow the journals as an exhibit, and

633
00:48:29.159 --> 00:48:33.320
<v Speaker 6>he did allow the testimony from the therapist who knew

634
00:48:33.519 --> 00:48:37.599
<v Speaker 6>a lot of what was the journals, But the journals

635
00:48:37.719 --> 00:48:44.320
<v Speaker 6>themselves were only an exhibit and not allowed to be

636
00:48:44.599 --> 00:48:55.400
<v Speaker 6>entered into evidence. Unfortunately, yes, go ahead. Unfortunately, during the

637
00:48:55.559 --> 00:49:01.920
<v Speaker 6>deliberations in the trial, the journal were put in the

638
00:49:02.000 --> 00:49:05.840
<v Speaker 6>wrong box and they went back to the jury room

639
00:49:07.119 --> 00:49:10.800
<v Speaker 6>and the jurors sat in there and read through them. Now,

640
00:49:10.880 --> 00:49:14.119
<v Speaker 6>the jurors didn't think they were doing anything wrong, because

641
00:49:14.159 --> 00:49:16.920
<v Speaker 6>of course they were out of the courtroom when all

642
00:49:17.000 --> 00:49:20.599
<v Speaker 6>this was argued between the lawyers and the judge, so

643
00:49:20.760 --> 00:49:24.480
<v Speaker 6>they had no idea that anything was going wrong. And

644
00:49:25.679 --> 00:49:28.480
<v Speaker 6>they get to the end of the trial, they find

645
00:49:28.639 --> 00:49:34.920
<v Speaker 6>Wesley guilty and all that's left is for Wesley to

646
00:49:35.039 --> 00:49:42.480
<v Speaker 6>be sentenced. So in between the time that the verdict

647
00:49:42.639 --> 00:49:48.599
<v Speaker 6>was given and the sentence was rendered, one of the

648
00:49:48.840 --> 00:49:57.039
<v Speaker 6>jurors was defending the decision made by the jury because

649
00:49:57.119 --> 00:50:00.519
<v Speaker 6>there were those in the community who were standing up

650
00:50:00.559 --> 00:50:05.239
<v Speaker 6>for Wesley and were saying that there wasn't enough evidence.

651
00:50:06.519 --> 00:50:12.559
<v Speaker 6>And this juror said, I was a member, wrote anonymously

652
00:50:12.599 --> 00:50:16.800
<v Speaker 6>as Bedford resident, said, I was a member of this jury,

653
00:50:18.320 --> 00:50:23.440
<v Speaker 6>and we read through those journals and there was enough

654
00:50:23.760 --> 00:50:27.400
<v Speaker 6>evidence in there to convict him. It was all right there,

655
00:50:27.599 --> 00:50:34.800
<v Speaker 6>laid out clear as day. Well, when that was found

656
00:50:35.000 --> 00:50:43.920
<v Speaker 6>online by Joscelyn's sister, she knew this was a problem,

657
00:50:44.880 --> 00:50:50.679
<v Speaker 6>so she called the prosecutor, and the prosecutor he knew

658
00:50:50.719 --> 00:50:53.639
<v Speaker 6>it was a problem too. He called in his investigator

659
00:50:53.760 --> 00:50:57.280
<v Speaker 6>and the next thing they did was they had to

660
00:50:57.440 --> 00:51:02.800
<v Speaker 6>inform the defense and then informed the charge. And the

661
00:51:02.960 --> 00:51:06.519
<v Speaker 6>judge really had no choice. This was a clear violation.

662
00:51:07.639 --> 00:51:16.840
<v Speaker 6>So a mistrial was granted and his sentence was vacated. However,

663
00:51:19.280 --> 00:51:24.239
<v Speaker 6>the judge felt that now that he has been convicted once,

664
00:51:25.079 --> 00:51:29.280
<v Speaker 6>he is more of a flight risk, and no, he

665
00:51:29.480 --> 00:51:33.920
<v Speaker 6>can't get out on bond, so at least he wasn't

666
00:51:33.920 --> 00:51:38.320
<v Speaker 6>out running loose where a lot of the witnesses were

667
00:51:38.960 --> 00:51:39.760
<v Speaker 6>frightened on him.

668
00:51:40.760 --> 00:51:46.559
<v Speaker 3>Really, now, what was the Now? How long is it

669
00:51:46.719 --> 00:51:50.320
<v Speaker 3>before they have this second trial? And we won't give

670
00:51:50.360 --> 00:51:53.679
<v Speaker 3>everything away, won't give everything away in terms of what happens.

671
00:51:53.800 --> 00:51:59.480
<v Speaker 3>But when is it that Wesley's lawyer comes up with

672
00:51:59.559 --> 00:52:04.360
<v Speaker 3>the idea that to cast some doubt on his client

673
00:52:04.480 --> 00:52:08.920
<v Speaker 3>as being the murderer, and of course targets Marcy Shepherd.

674
00:52:09.960 --> 00:52:13.239
<v Speaker 6>Is that the second Well, No, that happened in the

675
00:52:13.400 --> 00:52:22.320
<v Speaker 6>first trial. He was hammering away at Marcy or Mesa

676
00:52:22.920 --> 00:52:31.599
<v Speaker 6>as being the perpetrator of the murderer, and he was

677
00:52:32.159 --> 00:52:37.119
<v Speaker 6>really making that almost all of his case. And when

678
00:52:37.199 --> 00:52:41.480
<v Speaker 6>it came time for the second trial, the judge says, hey,

679
00:52:41.960 --> 00:52:44.400
<v Speaker 6>I let you do this because I thought you were

680
00:52:44.480 --> 00:52:48.440
<v Speaker 6>going to be presenting proof, but you didn't. There is

681
00:52:48.719 --> 00:52:52.360
<v Speaker 6>no proof that either of these women are. You can't

682
00:52:52.480 --> 00:52:57.400
<v Speaker 6>buy Virginia law be smirched someone else unless you're offering

683
00:52:57.559 --> 00:53:03.079
<v Speaker 6>actual proof of their guilt. Yeah, so he wasn't allowed

684
00:53:03.119 --> 00:53:10.679
<v Speaker 6>to do that. So his next tactic was to question

685
00:53:11.639 --> 00:53:16.559
<v Speaker 6>the reliability of fingerprint evidence. Mm hmm.

686
00:53:19.079 --> 00:53:21.880
<v Speaker 3>Now, how you know what's interesting. I've done the show

687
00:53:21.920 --> 00:53:25.679
<v Speaker 3>for almost five years, and just in the last six months,

688
00:53:26.079 --> 00:53:33.039
<v Speaker 3>I've heard that fingerprint analysis and relying on fingerprint analysis

689
00:53:33.199 --> 00:53:37.760
<v Speaker 3>as religiously might not be such a great idea. Tell

690
00:53:37.840 --> 00:53:41.039
<v Speaker 3>us what you found and what this trial was trying

691
00:53:41.079 --> 00:53:44.679
<v Speaker 3>to say in terms of fingerprint analysis and it's uh,

692
00:53:46.639 --> 00:53:48.480
<v Speaker 3>its reliability.

693
00:53:49.239 --> 00:53:54.920
<v Speaker 6>Well, there are there are some problems with it because

694
00:53:55.079 --> 00:54:00.119
<v Speaker 6>part of the process has to be subjective. The me

695
00:54:01.639 --> 00:54:06.639
<v Speaker 6>For example, if you take a finger print sample from

696
00:54:06.679 --> 00:54:10.400
<v Speaker 6>a crime scene, odds are you're not going to have

697
00:54:10.559 --> 00:54:13.880
<v Speaker 6>a complete, perfect fingerprint, like if it was done on

698
00:54:13.960 --> 00:54:17.280
<v Speaker 6>a pad or scanned on a computer. They is they

699
00:54:17.480 --> 00:54:21.760
<v Speaker 6>just people smear a little bit, They don't set their

700
00:54:21.800 --> 00:54:27.400
<v Speaker 6>whole finger down with equal weight. The size varies depending

701
00:54:27.440 --> 00:54:30.840
<v Speaker 6>on how much pressure is used, so there are a

702
00:54:30.960 --> 00:54:34.559
<v Speaker 6>lot of variables. So when you get back possible matches

703
00:54:34.920 --> 00:54:40.679
<v Speaker 6>from saying a computer, they're just that possible matches. Then

704
00:54:40.920 --> 00:54:44.920
<v Speaker 6>everything has to be looked at one on one by

705
00:54:45.000 --> 00:54:50.079
<v Speaker 6>an expert in figure print analysis. They can't are necessarily

706
00:54:52.159 --> 00:54:54.599
<v Speaker 6>just it's not like it's going to be a photograph

707
00:54:54.679 --> 00:54:57.960
<v Speaker 6>and they're going to be perfectly identical. They're going to

708
00:54:58.039 --> 00:55:04.039
<v Speaker 6>be a missing piece and smudges and things. So it

709
00:55:04.239 --> 00:55:07.920
<v Speaker 6>does take something to subjective nature. And what has been

710
00:55:08.000 --> 00:55:16.400
<v Speaker 6>found is there can be on occasion on expectation bias

711
00:55:17.360 --> 00:55:24.760
<v Speaker 6>by these fingerprint analysts, so that if they are so

712
00:55:24.960 --> 00:55:31.519
<v Speaker 6>much expecting it to be Joe's fingerprint, that they see

713
00:55:31.880 --> 00:55:36.519
<v Speaker 6>what they want there and ignore what they don't want.

714
00:55:38.239 --> 00:55:41.400
<v Speaker 6>It's sort of the same thing of Thomas Jefferson said

715
00:55:41.519 --> 00:55:46.679
<v Speaker 6>something to the effect that as humans, if we have

716
00:55:46.880 --> 00:55:53.800
<v Speaker 6>a belief and we are presented with factual information, we

717
00:55:53.960 --> 00:56:00.159
<v Speaker 6>will accept what matches with our belief and disregard are

718
00:56:00.199 --> 00:56:05.199
<v Speaker 6>at anything that might contradict our belief. And it's the

719
00:56:05.320 --> 00:56:09.199
<v Speaker 6>same kind of thing with this analysis that there is

720
00:56:09.400 --> 00:56:15.400
<v Speaker 6>that subjective component. Now there are a lot of systems

721
00:56:15.519 --> 00:56:20.199
<v Speaker 6>set up because of that in different law enforcement agencies

722
00:56:20.280 --> 00:56:24.199
<v Speaker 6>where they don't just rely In most places now don't

723
00:56:24.320 --> 00:56:29.039
<v Speaker 6>just rely on one person's analysis of the situation. They

724
00:56:29.159 --> 00:56:32.159
<v Speaker 6>get someone else to go over the material, at least

725
00:56:32.239 --> 00:56:35.920
<v Speaker 6>one other person, often more than that, to make sure

726
00:56:35.960 --> 00:56:41.360
<v Speaker 6>they reach the same conclusion. And that's one way to

727
00:56:42.639 --> 00:56:49.920
<v Speaker 6>minimize that problem. But one of the parts that the

728
00:56:50.119 --> 00:56:53.760
<v Speaker 6>defense was coming up with where they're concerned about matching size,

729
00:56:54.480 --> 00:56:56.880
<v Speaker 6>which I don't think is something you can ever do

730
00:56:57.159 --> 00:57:01.679
<v Speaker 6>because of the different pressure and things of that nature.

731
00:57:01.719 --> 00:57:05.480
<v Speaker 6>And they were wondering, they were they were seriously questioning

732
00:57:05.920 --> 00:57:08.719
<v Speaker 6>the total reliability of hinder prints evidence.

733
00:57:11.760 --> 00:57:15.440
<v Speaker 3>Well, there's an incredible amount of circumstantial evidence, and that's

734
00:57:16.519 --> 00:57:21.760
<v Speaker 3>there's some compelling circumstantial evidence. Well, we didn't talk about

735
00:57:21.840 --> 00:57:23.239
<v Speaker 3>what was his alibi.

736
00:57:26.199 --> 00:57:31.119
<v Speaker 6>His alibi was that he wasn't feeling so well and

737
00:57:31.519 --> 00:57:36.239
<v Speaker 6>he had allergy problems and he just picked up a

738
00:57:36.400 --> 00:57:41.039
<v Speaker 6>carry out dinner and went home and spent the whole

739
00:57:41.159 --> 00:57:46.000
<v Speaker 6>night in Chesapeake, which is like three and a half

740
00:57:46.159 --> 00:57:54.360
<v Speaker 6>four hours away from where Johns from Tone was. But

741
00:57:54.840 --> 00:58:01.639
<v Speaker 6>law enforcement found out that he borrowed another man's truck

742
00:58:03.800 --> 00:58:08.199
<v Speaker 6>and was able there was enough time for him to

743
00:58:08.719 --> 00:58:15.639
<v Speaker 6>drive to Jocelyn's place after work stage that scene, kill

744
00:58:15.719 --> 00:58:20.320
<v Speaker 6>her in stage that scene, then drive all the way

745
00:58:20.440 --> 00:58:25.719
<v Speaker 6>back and get to work in time the next day.

746
00:58:27.559 --> 00:58:33.400
<v Speaker 6>And that is exactly what they're think he did well.

747
00:58:33.440 --> 00:58:38.440
<v Speaker 6>And the peculiar thing was when they found out that

748
00:58:39.400 --> 00:58:41.800
<v Speaker 6>they saw him pull up in a different pickup truck

749
00:58:42.159 --> 00:58:44.639
<v Speaker 6>when he came in to talk to the police and

750
00:58:44.760 --> 00:58:51.039
<v Speaker 6>they asked him about that truck, and he got paranoid

751
00:58:52.000 --> 00:58:56.000
<v Speaker 6>and went back to Chesapeake, took bart his friend's truck

752
00:58:56.039 --> 00:58:58.280
<v Speaker 6>again and put new tires on it.

753
00:59:00.360 --> 00:59:05.039
<v Speaker 3>Interesting, it's suicious. What was his demeanor like at that

754
00:59:05.159 --> 00:59:09.239
<v Speaker 3>first trial, and especially when he thought he had he

755
00:59:09.320 --> 00:59:09.880
<v Speaker 3>had won.

756
00:59:11.760 --> 00:59:18.679
<v Speaker 6>Well, he was pretty cocky, he felt, I mean, Wisley

757
00:59:18.840 --> 00:59:23.199
<v Speaker 6>is an arthecist. He thinks that he is smarter than

758
00:59:23.280 --> 00:59:28.599
<v Speaker 6>everyone else, and he thinks the do not apply to him.

759
00:59:29.880 --> 00:59:37.039
<v Speaker 6>So he got up on the witness stand and told

760
00:59:37.239 --> 00:59:40.519
<v Speaker 6>his story with all the assurance in the world and

761
00:59:40.800 --> 00:59:46.239
<v Speaker 6>very cocky, to the point that no one had evidence

762
00:59:47.199 --> 00:59:51.639
<v Speaker 6>of how he could have gotten in to write on

763
00:59:51.960 --> 00:59:57.320
<v Speaker 6>Joscelyn's timeline. But he sat there in the witness sand

764
00:59:57.880 --> 01:00:02.519
<v Speaker 6>and basically bragg about the window with a broken latch

765
01:00:03.039 --> 01:00:08.199
<v Speaker 6>that he knew how to get into, and said Johnson

766
01:00:08.280 --> 01:00:09.239
<v Speaker 6>would have never known it.

767
01:00:13.199 --> 01:00:18.079
<v Speaker 3>Yeah, his cockiness and smugness undid himself there on the stand.

768
01:00:19.400 --> 01:00:26.880
<v Speaker 6>Yeah. Yeah, And that is often the downfall is the arrogance.

769
01:00:27.679 --> 01:00:32.280
<v Speaker 6>He smart people who commit crimes and are arrogant about

770
01:00:32.360 --> 01:00:38.239
<v Speaker 6>it tend to slip up on account of their own hubris.

771
01:00:41.000 --> 01:00:44.079
<v Speaker 3>Now with the second trial, is there any major differences?

772
01:00:44.239 --> 01:00:48.400
<v Speaker 3>Like what I found encouraging is that the judge did say, listen,

773
01:00:48.519 --> 01:00:51.639
<v Speaker 3>I thought that you were going someone. I thought you

774
01:00:51.719 --> 01:00:54.880
<v Speaker 3>were going somewhere with the theory of an alternate suspect,

775
01:00:55.360 --> 01:00:57.719
<v Speaker 3>But he dismissed that for that second trial. Other than that,

776
01:00:57.960 --> 01:01:00.760
<v Speaker 3>was there any major differences in what was let in

777
01:01:00.880 --> 01:01:03.280
<v Speaker 3>and what was not let in? Was there any differences

778
01:01:03.360 --> 01:01:05.199
<v Speaker 3>at the onset of that second.

779
01:01:05.000 --> 01:01:13.840
<v Speaker 6>Trial, Well, the defense wanted to bring in a witness,

780
01:01:14.159 --> 01:01:23.360
<v Speaker 6>Jennifer Minukin, who is a professor out in California who

781
01:01:23.960 --> 01:01:26.679
<v Speaker 6>in case there was anyone there with provincial sensibilities. They

782
01:01:26.719 --> 01:01:28.960
<v Speaker 6>made sure everyone knew that she had been educated at

783
01:01:28.960 --> 01:01:33.760
<v Speaker 6>the University of Virginia and they wanted to bring her

784
01:01:33.840 --> 01:01:41.280
<v Speaker 6>in to testify on the lack of reliability of the evidence. However,

785
01:01:42.000 --> 01:01:47.360
<v Speaker 6>they wanted her as an expert witness, and the prosecution

786
01:01:47.559 --> 01:01:53.679
<v Speaker 6>objected because she never had done any fingerprint analysis, so

787
01:01:53.960 --> 01:01:57.440
<v Speaker 6>she couldn't be an expert on that. She had been

788
01:01:57.519 --> 01:02:02.320
<v Speaker 6>doing an extensive study wool and analysts across the country,

789
01:02:03.000 --> 01:02:06.599
<v Speaker 6>but that's not the same thing, and so she was

790
01:02:06.679 --> 01:02:08.559
<v Speaker 6>not allowed to testify.

791
01:02:11.119 --> 01:02:13.159
<v Speaker 3>And so that was was out a huge blow to

792
01:02:13.239 --> 01:02:15.920
<v Speaker 3>the defense. Obviously they had planned for that. Yeah, a

793
01:02:15.960 --> 01:02:17.920
<v Speaker 3>big Keith Barts. Yeah.

794
01:02:19.199 --> 01:02:24.039
<v Speaker 6>So they had two big defeats in the second trial.

795
01:02:24.280 --> 01:02:27.079
<v Speaker 6>I mean the first trial is they had a chance

796
01:02:27.119 --> 01:02:30.280
<v Speaker 6>of winning, and it was there because they spread around

797
01:02:30.519 --> 01:02:33.480
<v Speaker 6>so much as much reasonable that as they could by

798
01:02:33.599 --> 01:02:37.920
<v Speaker 6>pointing to other people, and they didn't survive that. So

799
01:02:38.960 --> 01:02:43.360
<v Speaker 6>it's no wonder that once they couldn't do that and

800
01:02:43.559 --> 01:02:49.920
<v Speaker 6>couldn't get their other backdoor option in and they they

801
01:02:50.119 --> 01:02:52.639
<v Speaker 6>just didn't have a whole lot of hope.

802
01:02:55.519 --> 01:02:58.840
<v Speaker 3>Is it an interesting and unique where you see a

803
01:02:59.039 --> 01:03:03.239
<v Speaker 3>super flub Like you talked about how the journals got

804
01:03:03.320 --> 01:03:06.320
<v Speaker 3>to be exhibits Again, I'm not quite sure how that

805
01:03:06.400 --> 01:03:11.360
<v Speaker 3>could happen, But then the jury gets to read those,

806
01:03:11.760 --> 01:03:16.199
<v Speaker 3>so there's inadvertent oops. Really helps in the case that

807
01:03:16.320 --> 01:03:19.960
<v Speaker 3>they should have won in the first place. Really, for

808
01:03:20.039 --> 01:03:21.000
<v Speaker 3>everybody concerned, it.

809
01:03:22.320 --> 01:03:25.880
<v Speaker 6>Was just simple human errors. Simply the journals were in

810
01:03:26.159 --> 01:03:32.440
<v Speaker 6>the courtroom. They were being stored as an exhibit, an

811
01:03:32.559 --> 01:03:41.599
<v Speaker 6>exhibit for demonstration purposes. Only then there's evidence exhibits. Once

812
01:03:41.679 --> 01:03:46.440
<v Speaker 6>it's been formally intered as evidence, then the jury can

813
01:03:46.559 --> 01:03:51.239
<v Speaker 6>see it. When it's just been interested, it entered sort

814
01:03:51.280 --> 01:03:55.079
<v Speaker 6>of as show and tell. The jewelry can't see it,

815
01:03:56.440 --> 01:04:01.559
<v Speaker 6>you know, they can't examine it afterwards. So it was

816
01:04:01.920 --> 01:04:06.719
<v Speaker 6>just a simple slip up in what belonged in which box.

817
01:04:07.840 --> 01:04:10.599
<v Speaker 6>And you can see how really, when you think about

818
01:04:10.800 --> 01:04:14.840
<v Speaker 6>all the exhibits stuff that the court clerk has to

819
01:04:14.960 --> 01:04:18.880
<v Speaker 6>deal with, and how sometimes they're being numbered and tossed

820
01:04:18.960 --> 01:04:24.360
<v Speaker 6>in so fast, how easy it would be to get

821
01:04:24.480 --> 01:04:28.440
<v Speaker 6>something put into the wrong box because they ain't up

822
01:04:28.519 --> 01:04:32.159
<v Speaker 6>Usually with both these trials, boxes and boxes of exhibits

823
01:04:32.239 --> 01:04:37.519
<v Speaker 6>and reports and all sorts of evidence just end it

824
01:04:37.599 --> 01:04:38.440
<v Speaker 6>up in the wrong place.

825
01:04:39.880 --> 01:04:43.360
<v Speaker 3>Very interesting, Well, we won't give the rest of it away.

826
01:04:43.679 --> 01:04:46.480
<v Speaker 3>I want to leave a little tidbit for everyone to

827
01:04:46.559 --> 01:04:50.119
<v Speaker 3>read in the second trial, because it's a it's an

828
01:04:50.159 --> 01:04:53.679
<v Speaker 3>interesting it's an interesting two trials that's for sure, and

829
01:04:53.760 --> 01:04:56.159
<v Speaker 3>it's a big part of your book as well. But

830
01:04:56.840 --> 01:05:00.519
<v Speaker 3>it's an amazing portrayal of the characters behind it, especially

831
01:05:00.639 --> 01:05:03.760
<v Speaker 3>Joscely and Marcy and sort of the heroes of this book,

832
01:05:03.840 --> 01:05:07.119
<v Speaker 3>basically because it takes a lot to put this guy

833
01:05:07.159 --> 01:05:13.039
<v Speaker 3>away finally, and so it's a justice does prevail, but

834
01:05:13.239 --> 01:05:14.320
<v Speaker 3>it takes a while, doesn't it.

835
01:05:15.760 --> 01:05:20.880
<v Speaker 6>It certainly did this in this case, most definitely, and

836
01:05:21.639 --> 01:05:24.159
<v Speaker 6>it just you know, you've got to feel so badly

837
01:05:25.199 --> 01:05:31.079
<v Speaker 6>for the victims' family and friends. You know, they suffered

838
01:05:31.119 --> 01:05:35.480
<v Speaker 6>such a serious blow in losing someone they cared about

839
01:05:35.559 --> 01:05:38.880
<v Speaker 6>so much, and then to have to go through one

840
01:05:39.000 --> 01:05:42.519
<v Speaker 6>trial is it's really a torment. But when it stretches

841
01:05:42.599 --> 01:05:49.079
<v Speaker 6>to two trials, it's ungodly on them. It's a horrible thing.

842
01:05:49.280 --> 01:05:54.400
<v Speaker 6>And I surely would not want to walk in their shoes.

843
01:05:55.880 --> 01:05:59.840
<v Speaker 3>Yeah, certainly. And in the research of this book, of course,

844
01:05:59.840 --> 01:06:03.559
<v Speaker 3>you spoke to Joscelyn's friends and tell us about some

845
01:06:03.679 --> 01:06:05.719
<v Speaker 3>of the people that you did get a chance, because

846
01:06:05.719 --> 01:06:08.079
<v Speaker 3>this really is your knack, is to be able to

847
01:06:08.159 --> 01:06:10.960
<v Speaker 3>get to some people and they'll confide in you and

848
01:06:11.360 --> 01:06:14.559
<v Speaker 3>so you can get the real draw, real picture and

849
01:06:14.679 --> 01:06:17.920
<v Speaker 3>not just you know, newspaper accounts.

850
01:06:19.199 --> 01:06:21.480
<v Speaker 6>One of the people that was just a joy to

851
01:06:21.599 --> 01:06:31.079
<v Speaker 6>talk to was Joscelyn's father. He told me just tons

852
01:06:31.159 --> 01:06:36.480
<v Speaker 6>and tons of stories about Joscelyn and her sister growing up,

853
01:06:38.360 --> 01:06:40.480
<v Speaker 6>far more than I could put in the book. But

854
01:06:41.199 --> 01:06:45.159
<v Speaker 6>you know, it was just the law that man had

855
01:06:45.239 --> 01:06:50.639
<v Speaker 6>for his daughters was so apparent. And although you could

856
01:06:50.679 --> 01:06:53.960
<v Speaker 6>feel his pain when you talk to him, his joy

857
01:06:54.199 --> 01:07:00.519
<v Speaker 6>in having had that daughter was also so obvious. And uh,

858
01:07:02.239 --> 01:07:05.280
<v Speaker 6>just listening to her and what she was like as

859
01:07:05.360 --> 01:07:10.480
<v Speaker 6>a little girl and as a teenager and as an

860
01:07:10.639 --> 01:07:17.679
<v Speaker 6>adult daughter was it was It was just very touching,

861
01:07:17.920 --> 01:07:24.559
<v Speaker 6>and uh, you just wish that everybody had a father

862
01:07:24.760 --> 01:07:29.079
<v Speaker 6>that cared about them as as much as Jocelyn did.

863
01:07:29.920 --> 01:07:37.440
<v Speaker 6>And then another huge help to me was j Justlyn's

864
01:07:37.519 --> 01:07:46.679
<v Speaker 6>friend Jennifer, who was ironically introduced to Joscelyn by Wesley,

865
01:07:48.119 --> 01:07:54.159
<v Speaker 6>and uh, they they just Wesley said, I think you

866
01:07:54.239 --> 01:07:57.519
<v Speaker 6>too will hit it off, and he was right. They

867
01:07:57.639 --> 01:08:01.559
<v Speaker 6>hit it off completely. They were both very athletic and

868
01:08:02.079 --> 01:08:07.400
<v Speaker 6>competitive and they had so much fun together and they

869
01:08:08.000 --> 01:08:11.880
<v Speaker 6>both loved the little cabin that Jennifer and her husband

870
01:08:12.039 --> 01:08:15.719
<v Speaker 6>had up in the lake in Canada. It was very primitive,

871
01:08:16.680 --> 01:08:21.079
<v Speaker 6>and Joscelyn just loved it, and she did a lot

872
01:08:21.119 --> 01:08:23.680
<v Speaker 6>of photography, which she had learned from her dad, and

873
01:08:23.800 --> 01:08:27.199
<v Speaker 6>she took pictures up there of the beauty of the

874
01:08:27.319 --> 01:08:32.119
<v Speaker 6>lake and people gathered around and the little house, and

875
01:08:33.079 --> 01:08:41.960
<v Speaker 6>it just to no secondhand Joscelyn earnest through the eyes

876
01:08:42.720 --> 01:08:48.319
<v Speaker 6>of her father and her sister and her best friend

877
01:08:49.880 --> 01:08:56.279
<v Speaker 6>was a gift. She was really a special, special woman

878
01:08:57.119 --> 01:09:03.199
<v Speaker 6>and we have all lost something a great deal when

879
01:09:03.439 --> 01:09:06.000
<v Speaker 6>she was taken from us at such a young age.

880
01:09:08.600 --> 01:09:10.720
<v Speaker 3>Yes, and I want to congratulate you too. I mean,

881
01:09:10.800 --> 01:09:14.520
<v Speaker 3>you really do capture the friendship that these women had

882
01:09:15.399 --> 01:09:21.800
<v Speaker 3>Masa and Jennifer and Marcy and even people in the office,

883
01:09:21.960 --> 01:09:25.840
<v Speaker 3>and that really again it's it says a lot. I mean,

884
01:09:25.880 --> 01:09:28.319
<v Speaker 3>it seems cliche, as he was such a wonderful person,

885
01:09:28.399 --> 01:09:33.079
<v Speaker 3>but you really do have that in conversations and important events,

886
01:09:33.199 --> 01:09:37.279
<v Speaker 3>and just how they they grieved, how they they their

887
01:09:37.319 --> 01:09:39.760
<v Speaker 3>friendship was, how they loved each other and how they

888
01:09:39.880 --> 01:09:42.600
<v Speaker 3>grieved and how they fought for this person to be

889
01:09:42.680 --> 01:09:46.079
<v Speaker 3>brought to justice. And so it's a you really do

890
01:09:46.279 --> 01:09:52.520
<v Speaker 3>paint that a vivid portrayal of these women. And I

891
01:09:52.600 --> 01:09:56.720
<v Speaker 3>think that that Jocelyn will not soon be forgotten by

892
01:09:56.800 --> 01:10:00.680
<v Speaker 3>these people. And you've done a real I think service

893
01:10:00.760 --> 01:10:02.840
<v Speaker 3>by doing this book too, and and sort of the

894
01:10:02.960 --> 01:10:06.359
<v Speaker 3>tone and people that know of your work again, now

895
01:10:06.439 --> 01:10:09.720
<v Speaker 3>this is isn't it your thirteenth true crime book that

896
01:10:09.800 --> 01:10:12.000
<v Speaker 3>you have? This one?

897
01:10:15.159 --> 01:10:22.439
<v Speaker 6>I think so? Yes, yes, a lost track, but yeah,

898
01:10:22.479 --> 01:10:25.119
<v Speaker 6>and I was very The wonderful thing was that I

899
01:10:25.279 --> 01:10:31.600
<v Speaker 6>did get such nice notes from Joscelyn's sister and from

900
01:10:32.880 --> 01:10:36.319
<v Speaker 6>her best friend when the book came out, with how

901
01:10:36.680 --> 01:10:41.840
<v Speaker 6>very pleased they were with that I captured Joscelyn's essence. Yeah.

902
01:10:42.880 --> 01:10:45.600
<v Speaker 3>Well, I want to thank you very much, Diane. For

903
01:10:45.720 --> 01:10:48.479
<v Speaker 3>those that do the Facebook, would like to be a

904
01:10:48.560 --> 01:10:52.039
<v Speaker 3>Facebook friend or or would like to visit your website

905
01:10:52.119 --> 01:10:54.359
<v Speaker 3>or find more about this case or other books that

906
01:10:54.439 --> 01:10:57.439
<v Speaker 3>you have, can you give us your website and if

907
01:10:58.000 --> 01:11:00.439
<v Speaker 3>if your Facebook, if you're trust in.

908
01:11:00.479 --> 01:11:08.479
<v Speaker 6>That, my website is www. Dianefanning dot com and my

909
01:11:08.720 --> 01:11:15.079
<v Speaker 6>Facebook is you know, Facebook dot com forward slash Diane

910
01:11:15.199 --> 01:11:21.399
<v Speaker 6>dot Fanning. And I also on Facebook have a true

911
01:11:21.479 --> 01:11:25.039
<v Speaker 6>crime books page which is you know, Facebook dot com

912
01:11:25.159 --> 01:11:28.520
<v Speaker 6>slash true Crime Books, and that's where I have stuff

913
01:11:28.640 --> 01:11:33.199
<v Speaker 6>about my true crime books, including updates on any on

914
01:11:33.399 --> 01:11:36.680
<v Speaker 6>news stories having to do with the cases I've written about,

915
01:11:36.840 --> 01:11:42.199
<v Speaker 6>and occasionally some other news that gets my attention. So

916
01:11:43.720 --> 01:11:47.039
<v Speaker 6>and I love to hear back from people who read

917
01:11:47.119 --> 01:11:50.920
<v Speaker 6>my books and and people who hear me on the radio,

918
01:11:51.159 --> 01:11:53.600
<v Speaker 6>so I'm glad to take messages anytime.

919
01:11:54.880 --> 01:11:57.720
<v Speaker 3>Well, thanks very much, and for those listening, we've been

920
01:11:57.760 --> 01:12:00.600
<v Speaker 3>talking about Undercover of the Night and true story of sex,

921
01:12:00.720 --> 01:12:03.840
<v Speaker 3>greed and murder Diane Fanning. Thank you very much. Dan.

922
01:12:03.960 --> 01:12:06.159
<v Speaker 3>You have a great evening and I'm sure we'll be

923
01:12:06.239 --> 01:12:09.079
<v Speaker 3>talking to you again real soon. Thank you for this interview.

924
01:12:09.279 --> 01:12:12.319
<v Speaker 6>Great thank you, Dan, Bye bye, good good night.
