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Speaker 4: You are now listening to True Murder, the most shocking
Speaker 4: killers in true crime history and the authors that have
Speaker 4: written about them. Gasey, Bundy, Dahmer, The Nightstalker DTK. Every
Speaker 4: week another fascinating author talking about the most shocking and
Speaker 4: infamous killers in true crime history. True Murder with your host,
Speaker 4: journalist and author Dan Zufanski.
Speaker 3: Good Evening. It was planned to look like a suicide,
Speaker 3: but even in the best laid plans, evidence is left behind.
Speaker 3: Joscelyn Brannham Earnest was found dead on the floor of
Speaker 3: her living room in Forest, Virginia. By her side was
Speaker 3: a gun and a suicide note, typed lacking a signature
Speaker 3: and with one fingerprint on it, A fingerprint apparently belonging
Speaker 3: to Joscelyn's estranged husband, Wesley Ernest, was a respected high
Speaker 3: school administrator poised to restart his life in a new community.
Speaker 3: Parents entrusted their children to his care and believed he
Speaker 3: was above reproach, But the investigation into the life the
Speaker 3: couple once shared would reveal adultery, troubled finances, and shattered dreams,
Speaker 3: enough for one man with murder on his mind to
Speaker 3: travel hundreds of miles. The book that were featuring this
Speaker 3: evening is under Cover of the Night, a true story
Speaker 3: of sex, greed and Murder. With my special guest, journalist
Speaker 3: and author Diane Fanning. Thank you for Greenness interview, and
Speaker 3: welcome back to the program. Diane Fanning.
Speaker 6: Thank you, Dan, nice to be with you again tonight.
Speaker 3: Well, thank you very much, and I've just got to
Speaker 3: say to our audience that you were the very first
Speaker 3: guest that we had on the program talking about your
Speaker 3: wonderful book, Baby Be Mine, and it was quite the
Speaker 3: beginning of the program, and I want to thank you
Speaker 3: very much for starting it off and being one of
Speaker 3: the great guests and especially a great guest to start
Speaker 3: off this true murder. So now we're almost five years
Speaker 3: into the program and you're back here at about another
Speaker 3: five books under your belt in that five years, so
Speaker 3: I want to congratulate you on this book. Fantastic, incredible tale,
Speaker 3: and so let's get right to that then, Diane, I
Speaker 3: give us a little bit of the history on this
Speaker 3: Bedford community you were living in Texas when we spoke
Speaker 3: to I don't know if it was the last time,
Speaker 3: but one time you were living in Texas to tell
Speaker 3: us how you came to be have something so close
Speaker 3: to home in terms of a book.
Speaker 6: Well, the funny thing is Dan, that I actually signed
Speaker 6: the contract while I was living in Texas and had
Speaker 6: no plans of moving, and then things in life changed,
Speaker 6: in my personal life changed, and suddenly it seemed to
Speaker 6: be time to move back to Virginia, and we ended
Speaker 6: up buying a home, oh about twenty miles from the
Speaker 6: murder scene.
Speaker 3: Wow, amazing. Now, just before we get into talking about
Speaker 3: this too, is you're with another publisher decided to publish this,
Speaker 3: and I thought that was an interesting story as well.
Speaker 3: Not take anything away from the last publisher, but why
Speaker 3: it came to be that you kind of were fighting
Speaker 3: for this story.
Speaker 6: Well, I really believed in this story because it was
Speaker 6: another case of a woman who was well loved by
Speaker 6: friends and family, who was respected professionally, who was the
Speaker 6: major breadwinner in her home. She had everything going for her.
Speaker 6: There was no thing in her life that said, oh,
Speaker 6: she's taking risks, she could become a victim. There was
Speaker 6: nothing there, and yet this professional charming woman somehow ended
Speaker 6: up dead in her own home, shot by the one
Speaker 6: person who once promised to protect her and.
Speaker 3: He seemed like a great guy. So let's go back
Speaker 3: and talk about Jocelyn. Talk about her early life and
Speaker 3: what basically shaped her to become the kind of really
Speaker 3: upstanding kind of person that she really was well loved
Speaker 3: by everyone. I know. That seems to be cliche, but
Speaker 3: this is a a very overachieving type person, very dynamic person.
Speaker 3: So let's talk about Joscelyn in her early life and
Speaker 3: what that was like and what shaped her well.
Speaker 6: Joscelyn was always a very athletic girl, and she grew
Speaker 6: up basically as a tomboy and always wanting to to
Speaker 6: do something a little more and achieve a little more.
Speaker 6: She was born in Morgantown, West Virginia, and she was
Speaker 6: a good sized baby, which she promised to grow up
Speaker 6: to be big and hearty, and she did come right
Speaker 6: become quite a robustly athletic girl. She participated in high
Speaker 6: school sports and then when she went to the University
Speaker 6: of West which she established one record after another. She
Speaker 6: was a tremendous basketball player. She also enjoyed playing volleyball,
Speaker 6: and it was through a lot of her love of
Speaker 6: sports and her edge for competition that she found commonality
Speaker 6: with Wesley Earnest while she was at college. They used
Speaker 6: to watch sports together, they used to play together, they
Speaker 6: worked in school together. They both ended up getting MBAs,
Speaker 6: and after they married, Wesley also got his doctorate. So
Speaker 6: they seemed well matched. Athletic, ambitious, hard working, and very driven.
Speaker 6: And that was the tragedy of it all. Two people
Speaker 6: who could have accomplished so much, we're now going to
Speaker 6: accomplish nothing more.
Speaker 3: So let's talk about Wesley. Let's talk about Wesley and
Speaker 3: what his personality was. He was really, like you say, charismatic,
Speaker 3: good looking, successful. Sometimes those people have another side, So
Speaker 3: tell us what you found about his character.
Speaker 6: Was very controlling, and part of the way he tried
Speaker 6: to control Jocelyn was by belittling her. He would not
Speaker 6: hesitate to do that in front of friends. He would
Speaker 6: talk about how the wedding band on his fingers showed
Speaker 6: his ownership. He tried to restrict her friendships and cut
Speaker 6: off caught her off from her best friend. He also
Speaker 6: did something that was very unusual. Neither one of them
Speaker 6: had been religious and suddenly Wesley decided to become a
Speaker 6: Jehovah's witness. Now that was peculiar for someone who was
Speaker 6: married to Joscelyn, because Joscelyn came from a family where
Speaker 6: holidays were a big deal. Every holiday of the year
Speaker 6: was a big deal, particularly Thanksgiving and Christmas. They went
Speaker 6: all out to celebrate. They did everything from Black Friday
Speaker 6: shopping to going to parades of Christmas and Thanksgiving and
Speaker 6: every other holiday was just huge. And Wesley became part
Speaker 6: of a religion that did not believe in celebrating any holidays,
Speaker 6: not even birthdays. Birthdays were also a big thing Joscelyn's family,
Speaker 6: so this was inexplicable to Joscelyn. She couldn't understand it
Speaker 6: why he would want to do that, And not only
Speaker 6: did he want to do that, but he did want
Speaker 6: to interfere with her ability to enjoy those occasions too.
Speaker 6: One time, he went with her to her family's house
Speaker 6: in West Virginia for Thanksgiving, and when she went in
Speaker 6: to celebrate with her family, he sat out in the
Speaker 6: car the whole time and would not even come in
Speaker 6: and join in the holiday meal. It was very strangely rigid,
Speaker 6: and you almost thought he did that just because he
Speaker 6: knew the holidays meant so much to Joscelyn, and that
Speaker 6: was another way of controlling her.
Speaker 3: Now, before we get into a little bit more of
Speaker 3: the controlling in terms of what he then suggests that
Speaker 3: they should do in terms of their sexual relationship. And
Speaker 3: again that creates problems. But how is it? What is
Speaker 3: the dynamic between him? Is he the guy? Is he
Speaker 3: the football player, handsome football player? And is this woman
Speaker 3: although she's athletic and success you know, successful and good looking,
Speaker 3: is still is that how he draws her in or
Speaker 3: does he do this transformation? What do you have in
Speaker 3: terms of in your book? Is it more of a
Speaker 3: gradual transformation? It becomes more controlling once he has her
Speaker 3: in his lair, once he's controlled her to the point
Speaker 3: he's married her, he has her in a serious relationship.
Speaker 3: Or is there something that she has had in her
Speaker 3: relationship that binds her for a time with him, that
Speaker 3: tolerates his kind of behavior from him.
Speaker 6: I think she had a little bit of social insecurity,
Speaker 6: and I think that made her a little easy to
Speaker 6: fall under the spell of this good looking basketball star,
Speaker 6: and he had a way of making her feel Initially
Speaker 6: not like he was controlling her, but that he was
Speaker 6: caring for her. And it was until after they were
Speaker 6: married that he really started trying to limit like, for example,
Speaker 6: her friends and who she was friends with and who
Speaker 6: she spent time with, and also with the holiday thing.
Speaker 6: It was one of the reasons why Joscelyn decided she
Speaker 6: didn't want children with him, because she felt that their
Speaker 6: religious beliefs were so totally incompatible that it would only
Speaker 6: cause problems. And she also didn't think that his controlling
Speaker 6: behavior would be a good environment for a child.
Speaker 3: Now, with this verbal abuse and this controlling attitude, does
Speaker 3: she believe that he is faithful? And what does she
Speaker 3: discover and what does his behavior in terms of allegations,
Speaker 3: What exactly does she find in terms of his faithfulness
Speaker 3: in this marriage?
Speaker 6: Well, I think that she probably suspected a little before
Speaker 6: she knew, but he he had had a girlfriend that
Speaker 6: he started seeing and she didn't really know about her.
Speaker 6: But when he talked about her, he referred to her
Speaker 6: as this fat girl that needed his help. And Jocelyn
Speaker 6: was having doubts about this that he seemed to be
Speaker 6: a little too focused on her for that if that
Speaker 6: was the only thing in their relationship, and he claimed
Speaker 6: that she was a cleaning lady, and so she and
Speaker 6: her friend Jennifer went out one night looking for his
Speaker 6: vehicle and they spotted him at parked at a restaurant,
Speaker 6: and in the car was a very small red leather jacket,
Speaker 6: and she knew then that that woman was not a
Speaker 6: fat girl that needed someone to help, and so that
Speaker 6: was the beginning of finding out. But she was still
Speaker 6: willing to give him another chance, and he actually suggested
Speaker 6: to her, you know, that this should be okay, that
Speaker 6: he should be able to have someone on the side,
Speaker 6: but she didn't think that made sense to be married
Speaker 6: to someone that was doing that. So she then one
Speaker 6: night went with her friend Jennifer out to the home
Speaker 6: he had built on Smith Mountain Lake, and that's where
Speaker 6: the final straw fell. She looked into this beautiful home
Speaker 6: with glass windows all around, and actually saw them going
Speaker 6: into bed together and starting to touch each other, and
Speaker 6: she screamed at them through the glass, and that was
Speaker 6: the final straw for her. She knew that, you know,
Speaker 6: all the lives were exposed, and she had to believe
Speaker 6: what she saw firsthand, and that's when she filed for divorce.
Speaker 3: Was she concerned about financial arrangements, because we're talking about
Speaker 3: a nice home over a million dollars a million and
Speaker 3: a quarter, so there was some affluence attached to at
Speaker 3: least do they believe at that time with him. Was
Speaker 3: she concerned about that? Was she just trying to get
Speaker 3: out girl?
Speaker 6: Well, she was not so much concerned about that. She thought,
Speaker 6: you know that in the beginning, all she wanted was
Speaker 6: a cozy little cabin on the lake. It was all
Speaker 6: his idea to build a huge masterpiece to his wonderfulness
Speaker 6: on the lake. And it was you know, the place
Speaker 6: was worth more than a million dollars, and she didn't
Speaker 6: want it. She didn't want to have anything to do
Speaker 6: with it. She was fine. She could keep their house
Speaker 6: in Forest and he could keep the place insist Mountain Lake.
Speaker 6: There was a little problem though, for Wesley, in that
Speaker 6: he wanted to keep that house, but the market, the
Speaker 6: real estate market was down, so he couldn't get what
Speaker 6: it was worth, and he couldn't get enough to cover
Speaker 6: the mortgage. And with his salary alone, which was under
Speaker 6: one hundred thousand, he could not pay that mortgage. But
Speaker 6: Josson could, and for a while she was paying half
Speaker 6: of it. Then when she died, he no longer had
Speaker 6: enough money for the mortgage because people were looking at
Speaker 6: him and he couldn't get to life insurance.
Speaker 3: Now, what is the response once they realized with her
Speaker 3: best friend Jennifer and her you know, doing the undercover
Speaker 3: work and finding him to be fooling around with some
Speaker 3: woman and so his stories are nonsense, what is her
Speaker 3: next move? She files for tell us about the divorce
Speaker 3: itself and proceedings in terms of how, you know, how
Speaker 3: amicable is he did with the split?
Speaker 6: It was kind of messy on the financial level because
Speaker 6: he wanted he wanted alimony, and he wanted her to
Speaker 6: cover some of his expenses because you know, technically she
Speaker 6: could afford it and he couldn't. And then it got
Speaker 6: even creepier. One night, while she wasn't there, he broke
Speaker 6: into her house and he found the document that she
Speaker 6: was preparing for her attorney that was basically a timeline
Speaker 6: of things that had happened in their relationship, and he
Speaker 6: actually wrote other things on there, and he wrote them
Speaker 6: as if they were coming from Jocelyn. It was apparent
Speaker 6: when they found this that it was different handwriting, but
Speaker 6: he was writing things like Oh, Jocelyn told me to
Speaker 6: go she didn't want sex anymore, go out and get
Speaker 6: a girlfriend. And she was telling she was making he
Speaker 6: was he was writing notes that made it sound like
Speaker 6: she was praising him for being so understanding and such
Speaker 6: a good husband and and things like that.
Speaker 3: It was.
Speaker 6: It was really bizarre. Then another time he Uh came
Speaker 6: to her house late at night. He parked his car
Speaker 6: a long ways away. He was dressed all in black,
Speaker 6: and he came to her door and she would not
Speaker 6: let him in and she caught Instead, she called Jennifer,
Speaker 6: and Jennifer came out and talked to him and talked
Speaker 6: to him, and finally after a couple hours, got him
Speaker 6: to go away. But he was adamant that she gives
Speaker 6: some papers to Jocelyn that they stopped going through the
Speaker 6: lawyers and work this out between themselves and uh. But
Speaker 6: really he was trying to manipulate the whole situation to
Speaker 6: get what he wanted. And law enforcement strongly suspects that
Speaker 6: that night his his real intention was to come up
Speaker 6: there and kill her that night, and that wasn't his intention.
Speaker 6: He was he was making a dry run to see
Speaker 6: if he could pull it off.
Speaker 3: Now, she Jocelyn has a couple of friends, Jennifer and Marcy,
Speaker 3: And there's a maza which later.
Speaker 6: But but.
Speaker 3: And there's also the issue of does she write any
Speaker 3: of this stuff down? And who does she confide to?
Speaker 3: And what does she tell her friends in terms of
Speaker 3: her now suspicion and and and sort of fear, what
Speaker 3: what does that entail? And what does she tell her friends,
Speaker 3: and what kind of detail and tell us if there
Speaker 3: if she's writing stuff down, if she's writing any of
Speaker 3: her intimate thoughts down.
Speaker 6: She had about seventeen handwritten journals that she kept. They
Speaker 6: found most of them in her home, some of them
Speaker 6: in her office, where she wrote about everything that went
Speaker 6: on between her and Wesley, everything he said and everything
Speaker 6: he did, and everything she found out. And she also
Speaker 6: told her family and friends that, you know, if anything
Speaker 6: ever happens to me, even if it looks like an accident,
Speaker 6: even if it looks like a suicide, Wesley did it. Yeah.
Speaker 3: And that's not a light sentiment. That's not a comment
Speaker 3: that people can just dismiss. So obviously there was an
Speaker 3: interaction between her friends in that she definitely feared for
Speaker 3: her life and and told her friends, why.
Speaker 6: Oh, we're told I don't understand the question, did.
Speaker 3: Well, what was the reason she gave that she was
Speaker 3: other than these incidents? But why? What was the reason
Speaker 3: why she believed that her husband would kill her if anyone.
Speaker 6: Well, she felt that he wanted the life insurance, he
Speaker 6: wanted her assets. He wanted to just get her out
Speaker 6: of his life so that he didn't have to fool
Speaker 6: with any of this divorced stuff anymore, because he didn't
Speaker 6: feel he was getting a fair shake out of it.
Speaker 6: He really thought that he should be getting support from Earth,
Speaker 6: and nothing was going the way he wanted.
Speaker 5: Was he?
Speaker 3: How rejected was he and how angered was he by
Speaker 3: that rejection?
Speaker 6: Well, I mean she did reject him, and he was
Speaker 6: angered by that because he certainly was losing control and
Speaker 6: he wanted that control. He didn't really want her as
Speaker 6: a person. He was already involved with someone else and
Speaker 6: perfectly happy with that other woman. And he denied to
Speaker 6: everybody in his new job in Chesapeake, Virginia that he
Speaker 6: was even married. He said, no, I've never been married before.
Speaker 6: And he also was very dismissive of his current girlfriend
Speaker 6: to them, he referred to her as some chick I
Speaker 6: met in the mountains. So he did not have a
Speaker 6: lot of respect for women in general, and even less
Speaker 6: for any woman who came under his control in any measure.
Speaker 6: And he really didn't see any problem with how he
Speaker 6: was because he's very narcissistic. He was always looking for
Speaker 6: people to look up to him, to praise him. He
Speaker 6: talked about how he didn't need to work. He told
Speaker 6: all the people there he didn't need to work because
Speaker 6: he was independently wealthy, and he had property in California
Speaker 6: and had this beautiful lake home. And meanwhile out in
Speaker 6: Chesapeake he's living in the boarding house and he's living
Speaker 6: in a ratty little trailer on a campground. I mean,
Speaker 6: he didn't have much anything, but he was spoke in
Speaker 6: a mighty good.
Speaker 3: Game before we get into the actual day. And I
Speaker 3: love how your book has the minute by minute texting
Speaker 3: between Marcy and Joscelyn and then the text fall away.
Speaker 3: So before we get into that, I just wanted to know,
Speaker 3: and again for our audience too, and this will be important,
Speaker 3: and of course obviously it would be important. What was
Speaker 3: written in the journal, say the last day or the
Speaker 3: last days? And it was it a cryptic message? Was
Speaker 3: there something in there? Besides, you know, telling her friends
Speaker 3: that if something happens to me, was there anything in
Speaker 3: a premonition type way in those last few days in
Speaker 3: her journal.
Speaker 6: She said, he will probably shoot me and then you'll
Speaker 6: shoot himself.
Speaker 3: And what day was that or just days?
Speaker 6: I believe that that was just days before she died.
Speaker 3: Okay, now we're talking about the Christmas time, and Marcy
Speaker 3: takes a couple of weeks off. She has the ability
Speaker 3: where she works kind of important versus it takes a
Speaker 3: couple of weeks off to get all our Christmas shopping
Speaker 3: done and everything done for preparations. Like you say, Jocelyn's
Speaker 3: very much into the holidays and Marcy being being great
Speaker 3: friends and Jennifer, everybody's into the holidays. So she has
Speaker 3: some time off and they're texting and we're I think
Speaker 3: this is around well, very close to Christmas, about a
Speaker 3: week before Christmas, decembern was nineteenth or so, and so
Speaker 3: tell us about the day and they, like many people
Speaker 3: text between each other at work, and so tell us
Speaker 3: about that day and the conversations that they had via text.
Speaker 6: Well, they texted back and forth that day talking about
Speaker 6: getting together that evening, and that was definitely what they
Speaker 6: planned to do was to get together that evening, but
Speaker 6: the plans were a little fluid because Jocelyn had meetings
Speaker 6: at work. She was going to see her therapist after work,
Speaker 6: she you know, so it all depended on when she
Speaker 6: wrapped up her day, and Marcy was, you know, definitely
Speaker 6: flexible since she wasn't working that week. She was in
Speaker 6: an unusual situation where she and her husband were still
Speaker 6: living in the same house, but they were technically separated
Speaker 6: and staying in separate bedrooms. So she had a babysitter
Speaker 6: there to take care of the kids, so she was
Speaker 6: pretty free to come and go as she wanted. And
Speaker 6: she was out running errands and still not hearing from
Speaker 6: Joscelyn after the last message when they talked about getting together,
Speaker 6: and it was getting late, and it was getting a
Speaker 6: little late for dinner, and she was starting to get
Speaker 6: nervous about that, and she went to her office to
Speaker 6: drop off the Christmas gift she'd gotten for Jocelyn, which
Speaker 6: was a set of Christmas lights for her house, and
Speaker 6: Jocelyn wanted those but hadn't had them because Wesley wouldn't
Speaker 6: allow them before. And then she started thinking, you know,
Speaker 6: maybe I ought to go out and check on her,
Speaker 6: and so she went out there and she noted said
Speaker 6: Joscelyn's car was there, but there wasn't any light one
Speaker 6: in the house. And she knocked on the door and
Speaker 6: didn't get an answer, and finally she just gave up
Speaker 6: and went home. But she was still troubled, very troubled.
Speaker 6: And the next morning she went to work and there's
Speaker 6: still no Jocelyn. She called her there. They worked in
Speaker 6: different office, they worked at the same company, but in
Speaker 6: different offices, and she called for her and she wasn't there,
Speaker 6: and finally she just hid it that a little later
Speaker 6: in the morning, she just had to go out and
Speaker 6: something must be wrong. She was afraid she'd hurt herself
Speaker 6: or was sick, and so she went out there and
Speaker 6: couldn't get an answer at the front door, couldn't get
Speaker 6: an answer at the back door. She knew there was
Speaker 6: a spare key hanging in a shed, but she knew
Speaker 6: that that Jocelyn had a security system and she didn't
Speaker 6: know the code. So she called another friend, Mesa, to
Speaker 6: get the code for the security system from her, and
Speaker 6: that's when she let herself in the back door and
Speaker 6: saw the body of Jocelyn laying on the floor. She
Speaker 6: rushed to her side and realized she wasn't breathing and
Speaker 6: there was something she could do. She called Masa first,
Speaker 6: which kind of seems a little strange, but she was panicking,
Speaker 6: and they discussed it and both decided they needed to
Speaker 6: call nine one one, and they did.
Speaker 3: Now, like we alluded to in the synopsis of the book,
Speaker 3: you can tell us how she was found. But right
Speaker 3: away when police are come there, they see a suicide note.
Speaker 3: So tell us about the suicide note and all of
Speaker 3: how she was exactly found, because this is, of course
Speaker 3: the very most important part of the evidence.
Speaker 6: Well, one scene, the homicide detectives got there, the red
Speaker 6: flags started flying. For one thing, there was a long
Speaker 6: streak of blood went across the living room floor, and
Speaker 6: it looked like her hair had been drunk through it.
Speaker 6: The other thing was the position of the gun. The
Speaker 6: gun was sort of on one side of her body,
Speaker 6: on her coat, but it was on a way where
Speaker 6: if someone had used the gun to shoot themselves, it
Speaker 6: wouldn't have naturally fallen.
Speaker 3: Right.
Speaker 6: And they found this folded up note on the floor
Speaker 6: and they opened it up and it was all typewritten
Speaker 6: and it had no signature, and quite frankly, it was
Speaker 6: pretty kind to Wesley. And so they didn't know anything
Speaker 6: about the relationship at this point, but they soon learned
Speaker 6: when they started talking to her friends. But they also
Speaker 6: learned in searching the house that there were all these
Speaker 6: handwritten journals. So why would somebody that filled all these
Speaker 6: notebooks with handwritten notes? Why would a person like that
Speaker 6: type the suicide note? And plus there was no functional
Speaker 6: printer in the home. None of the computers had a
Speaker 6: printer hooked up. There wasn't a typewriter there, So where
Speaker 6: did it come from? And that was sound for analysis, Yeah,
Speaker 6: and so there's.
Speaker 3: Going to be some fingerprint analysis. We'll talk about that
Speaker 3: in a bit as well. So what did they determine
Speaker 3: with the streak of hair in terms of what did
Speaker 3: they conclude from that?
Speaker 6: It seemed obvious when they could they examined the way
Speaker 6: the hair was laying with blood in it and the
Speaker 6: blood trail across the floor that at some point in
Speaker 6: time while she was still bleeding, someone moved her body.
Speaker 6: It was not the kind of movement that she could
Speaker 6: have made herself that indicate that wasn't a self implicted gunshot.
Speaker 3: When police spoke to Marcy, did she have anything to
Speaker 3: say in terms of who she thought might have done this.
Speaker 6: Marcy immediately appointed to singer at Wesley and told him
Speaker 6: that she was afraid of Wesley, and so was Jocelyn.
Speaker 6: Joscelyn was She would when she came home. She often
Speaker 6: would before she would get out of the car, she
Speaker 6: would look all around. Sometimes she would drive back her
Speaker 6: house and come back to make sure no one was there.
Speaker 6: And Marcy was very much in love with Joscelyn. Jocelyn
Speaker 6: kissed her once, but I don't think that Jocelyn was
Speaker 6: inclined that way. I just knowing how Marcy felt. Joscelyn
Speaker 6: was just kind to her at that point in time,
Speaker 6: but there was not a relationship, a romantic relationship between them,
Speaker 6: although there were romantic feelings on Marcy's part, and Joscelyn
Speaker 6: told her enough about what Wesley has done that Marcy
Speaker 6: was afraid that if Wesley learned about how she felt
Speaker 6: about Joscelyn, that he would kill her too, So she
Speaker 6: wouldn't even go out and mowered lawn without having a
Speaker 6: weapon on her.
Speaker 3: Was there any indication did Wesley have an indication that
Speaker 3: Marcy was lesbian preferred women or.
Speaker 6: I don't think that Wesley knew that at all. And
Speaker 6: the only reason came out was because Wesley, in this
Speaker 6: suicide note, he composed as if he were Joscelyn talked
Speaker 6: about a new relationship.
Speaker 3: And.
Speaker 6: It is thought that he probably did that to implicate
Speaker 6: someone else in her life and take the heat off
Speaker 6: of him. Also, the peculiar thing they found was condoms
Speaker 6: and a drawer. No one else who had known her closely,
Speaker 6: like her mother and her sister and her best friend
Speaker 6: and I had ever seen condoms in that house after
Speaker 6: Wesley moved out. They just weren't there. They'd been in
Speaker 6: that particular drawer and they hadn't been there, So there
Speaker 6: was a strong suspicion that he planted those as well.
Speaker 6: Also in the spare bathroom condom wrapper thrown in the trash,
Speaker 6: So it looked like he was trying to set everything up,
Speaker 6: that this was all caused by a romance. So if
Speaker 6: they didn't buy the suicide, they would be looking for
Speaker 6: this other man.
Speaker 3: What was because we haven't you haven't said, but what
Speaker 3: was actually in that note? What was said in that note?
Speaker 3: What's the gist of that note.
Speaker 6: The note talked about Wesley being a good guy and
Speaker 6: that she was sorry for what she was doing. She
Speaker 6: couldn't take it anymore, and she said she has always
Speaker 6: tried to appear, oh, like she was doing well, but
Speaker 6: everything was just so overwhelming and she felt so lonely
Speaker 6: so much of the time, and her new love wouldn't
Speaker 6: leave her, leave the family.
Speaker 2: And.
Speaker 6: Wesley had buried us in dad, and so she was
Speaker 6: just sorry. She just said she didn't have the strength anymore,
Speaker 6: and she was writing it to her mother and saying
Speaker 6: she was sorry.
Speaker 3: Now, police look at all of the evidence. Obviously, like
Speaker 3: you say, the red flags were evident right in the
Speaker 3: beginning because of the left and right, you know, shot
Speaker 3: in the left, temple, gun on the right side, all
Speaker 3: kinds of things that are that they're not right, don't
Speaker 3: look right now. To compound that problem, they contacts and
Speaker 3: what does he have to say, how does what's his
Speaker 3: demeanor and what's his response to the news that his
Speaker 3: wife has been murdered or he kind.
Speaker 6: Of was blase about it. He suggested suicide right away
Speaker 6: and said that he learned about it from his girlfriend's mother.
Speaker 6: Although police had been calling and leaving messages all day.
Speaker 6: I mean, he didn't seem to gather anything from that,
Speaker 6: and he just didn't seem to be as rattled as
Speaker 6: one would think he would be.
Speaker 3: He was also asked to come in and to be
Speaker 3: questioned that night, and he refused. He said, I want
Speaker 3: to do it the next morning, and so they asked
Speaker 3: him again, and they said they commented too, that he
Speaker 3: really didn't ask too many Well, he didn't ask questions about.
Speaker 6: Oh, he didn't ask questions. He didn't ask how did
Speaker 6: she die, he didn't ask where did it happen? He
Speaker 6: had very little to say and just couldn't be bothered
Speaker 6: to go to the police station that night. It seemed
Speaker 6: to me, even if you're in the middle of divorcing someone,
Speaker 6: if they're suddenly dead, I mean, you had all those
Speaker 6: years together, you spent all those years in the same bed,
Speaker 6: it seemed like you would get up the desire to
Speaker 6: do something right away, and you know not to Oh,
Speaker 6: I'm just I just drove up from Jess Beak. I'm tired.
Speaker 3: Just so, how do police proceed and how long is
Speaker 3: it before they make an arrest and what do they
Speaker 3: base the tell us about the details of the eventual
Speaker 3: charging and arrest. How long does that take? And tell
Speaker 3: us about that.
Speaker 6: Well, it took. It took a little while because they
Speaker 6: had to get back you know, DNA results, and they
Speaker 6: had to investigate some other people, some that he had
Speaker 6: pointed out, and just other people that were in her
Speaker 6: life set like, for instance, the people the first person
Speaker 6: that found the body, the second person on the scene.
Speaker 6: Those things were just you know, the kinds of things
Speaker 6: they needed to cover. They couldn't arrest someone and had
Speaker 6: have loose ends all over the place, and so they
Speaker 6: took their time looking into all the things and it
Speaker 6: was a little more than a month later when they
Speaker 6: finally did arrest him, when they had taken care of
Speaker 6: all the questions. And two things that made that very
Speaker 6: likely to happen was the result of the fingerprint test
Speaker 6: on the suicide note, which showed that it was Wesley's print.
Speaker 6: And the other thing was the return of the autopsy report,
Speaker 6: which called her death homicide and not suicide.
Speaker 3: How did they come to that conclusion? Why did they
Speaker 3: come to that conclusion?
Speaker 6: The medical examiner came to that conclusion because of the
Speaker 6: way that the angle of the wound, the way it
Speaker 6: came in sort of in the back of her ear,
Speaker 6: which is a very awkward place to try to hold
Speaker 6: a gun, and it also was where the gun itself was.
Speaker 6: The death scene was part of that investigation, and so
Speaker 6: all of those things factored together and the medical exammer
Speaker 6: reached a conclusion of a homicide.
Speaker 3: Now does Wesley how does he have the means? Does
Speaker 3: he the ability to get a high profile lawyer. Obviously
Speaker 3: he's smart enough not to have said anything and made
Speaker 3: any incriminating statements. So how does he proceed with his defense?
Speaker 3: And what is the theory of the prosecution, What do
Speaker 3: they think the motive is for this, and how do
Speaker 3: they sort of present their case.
Speaker 6: The prosecution sees the mode of his greed that you know,
Speaker 6: Wesley wanted her money and her assets to continue his
Speaker 6: style of life. In retrospect, he probably miscalculated because he
Speaker 6: ended up not only having to dump every bit of
Speaker 6: money he originally got from her dass into the lawyer,
Speaker 6: and then without her income, he was about to lose
Speaker 6: his house, and in all likelihood he was the one
Speaker 6: that set it on fire, because there wasn't intentionally lit
Speaker 6: fire at that one point two million dollars lay count,
Speaker 6: but they think she was just uh, not doing what
Speaker 6: Wesley wanted and not giving him the kind of support
Speaker 6: in the separation and not letting things go his way.
Speaker 6: And he just thought it was going to be a
Speaker 6: whole lot easier for him in his future if she
Speaker 6: was just gone.
Speaker 3: Now for the the the trial buffs that are out
Speaker 3: there in the audience, which I am a big, huge
Speaker 3: murder trial buff and how things are different in different places.
Speaker 3: How does it work in terms of the journals? Now
Speaker 3: what the police, the police looked at them, the prosecution
Speaker 3: has them. But what happens in terms of admissibility of
Speaker 3: those journals in this trial?
Speaker 6: Well, because of law in Virginia, the judge ruled that
Speaker 6: the journals them the contents of the journals were not
Speaker 6: admissible or could not be seen by the jurors, because
Speaker 6: to present them as evidence would be to put up
Speaker 6: a witness that could not be cause examined by the defense.
Speaker 6: But he did allow the journals as an exhibit, and
Speaker 6: he did allow the testimony from the therapist who knew
Speaker 6: a lot of what was the journals, But the journals
Speaker 6: themselves were only an exhibit and not allowed to be
Speaker 6: entered into evidence. Unfortunately, yes, go ahead. Unfortunately, during the
Speaker 6: deliberations in the trial, the journal were put in the
Speaker 6: wrong box and they went back to the jury room
Speaker 6: and the jurors sat in there and read through them. Now,
Speaker 6: the jurors didn't think they were doing anything wrong, because
Speaker 6: of course they were out of the courtroom when all
Speaker 6: this was argued between the lawyers and the judge, so
Speaker 6: they had no idea that anything was going wrong. And
Speaker 6: they get to the end of the trial, they find
Speaker 6: Wesley guilty and all that's left is for Wesley to
Speaker 6: be sentenced. So in between the time that the verdict
Speaker 6: was given and the sentence was rendered, one of the
Speaker 6: jurors was defending the decision made by the jury because
Speaker 6: there were those in the community who were standing up
Speaker 6: for Wesley and were saying that there wasn't enough evidence.
Speaker 6: And this juror said, I was a member, wrote anonymously
Speaker 6: as Bedford resident, said, I was a member of this jury,
Speaker 6: and we read through those journals and there was enough
Speaker 6: evidence in there to convict him. It was all right there,
Speaker 6: laid out clear as day. Well, when that was found
Speaker 6: online by Joscelyn's sister, she knew this was a problem,
Speaker 6: so she called the prosecutor, and the prosecutor he knew
Speaker 6: it was a problem too. He called in his investigator
Speaker 6: and the next thing they did was they had to
Speaker 6: inform the defense and then informed the charge. And the
Speaker 6: judge really had no choice. This was a clear violation.
Speaker 6: So a mistrial was granted and his sentence was vacated. However,
Speaker 6: the judge felt that now that he has been convicted once,
Speaker 6: he is more of a flight risk, and no, he
Speaker 6: can't get out on bond, so at least he wasn't
Speaker 6: out running loose where a lot of the witnesses were
Speaker 6: frightened on him.
Speaker 3: Really, now, what was the Now? How long is it
Speaker 3: before they have this second trial? And we won't give
Speaker 3: everything away, won't give everything away in terms of what happens.
Speaker 3: But when is it that Wesley's lawyer comes up with
Speaker 3: the idea that to cast some doubt on his client
Speaker 3: as being the murderer, and of course targets Marcy Shepherd.
Speaker 6: Is that the second Well, No, that happened in the
Speaker 6: first trial. He was hammering away at Marcy or Mesa
Speaker 6: as being the perpetrator of the murderer, and he was
Speaker 6: really making that almost all of his case. And when
Speaker 6: it came time for the second trial, the judge says, hey,
Speaker 6: I let you do this because I thought you were
Speaker 6: going to be presenting proof, but you didn't. There is
Speaker 6: no proof that either of these women are. You can't
Speaker 6: buy Virginia law be smirched someone else unless you're offering
Speaker 6: actual proof of their guilt. Yeah, so he wasn't allowed
Speaker 6: to do that. So his next tactic was to question
Speaker 6: the reliability of fingerprint evidence. Mm hmm.
Speaker 3: Now, how you know what's interesting. I've done the show
Speaker 3: for almost five years, and just in the last six months,
Speaker 3: I've heard that fingerprint analysis and relying on fingerprint analysis
Speaker 3: as religiously might not be such a great idea. Tell
Speaker 3: us what you found and what this trial was trying
Speaker 3: to say in terms of fingerprint analysis and it's uh,
Speaker 3: its reliability.
Speaker 6: Well, there are there are some problems with it because
Speaker 6: part of the process has to be subjective. The me
Speaker 6: For example, if you take a finger print sample from
Speaker 6: a crime scene, odds are you're not going to have
Speaker 6: a complete, perfect fingerprint, like if it was done on
Speaker 6: a pad or scanned on a computer. They is they
Speaker 6: just people smear a little bit, They don't set their
Speaker 6: whole finger down with equal weight. The size varies depending
Speaker 6: on how much pressure is used, so there are a
Speaker 6: lot of variables. So when you get back possible matches
Speaker 6: from saying a computer, they're just that possible matches. Then
Speaker 6: everything has to be looked at one on one by
Speaker 6: an expert in figure print analysis. They can't are necessarily
Speaker 6: just it's not like it's going to be a photograph
Speaker 6: and they're going to be perfectly identical. They're going to
Speaker 6: be a missing piece and smudges and things. So it
Speaker 6: does take something to subjective nature. And what has been
Speaker 6: found is there can be on occasion on expectation bias
Speaker 6: by these fingerprint analysts, so that if they are so
Speaker 6: much expecting it to be Joe's fingerprint, that they see
Speaker 6: what they want there and ignore what they don't want.
Speaker 6: It's sort of the same thing of Thomas Jefferson said
Speaker 6: something to the effect that as humans, if we have
Speaker 6: a belief and we are presented with factual information, we
Speaker 6: will accept what matches with our belief and disregard are
Speaker 6: at anything that might contradict our belief. And it's the
Speaker 6: same kind of thing with this analysis that there is
Speaker 6: that subjective component. Now there are a lot of systems
Speaker 6: set up because of that in different law enforcement agencies
Speaker 6: where they don't just rely In most places now don't
Speaker 6: just rely on one person's analysis of the situation. They
Speaker 6: get someone else to go over the material, at least
Speaker 6: one other person, often more than that, to make sure
Speaker 6: they reach the same conclusion. And that's one way to
Speaker 6: minimize that problem. But one of the parts that the
Speaker 6: defense was coming up with where they're concerned about matching size,
Speaker 6: which I don't think is something you can ever do
Speaker 6: because of the different pressure and things of that nature.
Speaker 6: And they were wondering, they were they were seriously questioning
Speaker 6: the total reliability of hinder prints evidence.
Speaker 3: Well, there's an incredible amount of circumstantial evidence, and that's
Speaker 3: there's some compelling circumstantial evidence. Well, we didn't talk about
Speaker 3: what was his alibi.
Speaker 6: His alibi was that he wasn't feeling so well and
Speaker 6: he had allergy problems and he just picked up a
Speaker 6: carry out dinner and went home and spent the whole
Speaker 6: night in Chesapeake, which is like three and a half
Speaker 6: four hours away from where Johns from Tone was. But
Speaker 6: law enforcement found out that he borrowed another man's truck
Speaker 6: and was able there was enough time for him to
Speaker 6: drive to Jocelyn's place after work stage that scene, kill
Speaker 6: her in stage that scene, then drive all the way
Speaker 6: back and get to work in time the next day.
Speaker 6: And that is exactly what they're think he did well.
Speaker 6: And the peculiar thing was when they found out that
Speaker 6: they saw him pull up in a different pickup truck
Speaker 6: when he came in to talk to the police and
Speaker 6: they asked him about that truck, and he got paranoid
Speaker 6: and went back to Chesapeake, took bart his friend's truck
Speaker 6: again and put new tires on it.
Speaker 3: Interesting, it's suicious. What was his demeanor like at that
Speaker 3: first trial, and especially when he thought he had he
Speaker 3: had won.
Speaker 6: Well, he was pretty cocky, he felt, I mean, Wisley
Speaker 6: is an arthecist. He thinks that he is smarter than
Speaker 6: everyone else, and he thinks the do not apply to him.
Speaker 6: So he got up on the witness stand and told
Speaker 6: his story with all the assurance in the world and
Speaker 6: very cocky, to the point that no one had evidence
Speaker 6: of how he could have gotten in to write on
Speaker 6: Joscelyn's timeline. But he sat there in the witness sand
Speaker 6: and basically bragg about the window with a broken latch
Speaker 6: that he knew how to get into, and said Johnson
Speaker 6: would have never known it.
Speaker 3: Yeah, his cockiness and smugness undid himself there on the stand.
Speaker 6: Yeah. Yeah, And that is often the downfall is the arrogance.
Speaker 6: He smart people who commit crimes and are arrogant about
Speaker 6: it tend to slip up on account of their own hubris.
Speaker 3: Now with the second trial, is there any major differences?
Speaker 3: Like what I found encouraging is that the judge did say, listen,
Speaker 3: I thought that you were going someone. I thought you
Speaker 3: were going somewhere with the theory of an alternate suspect,
Speaker 3: But he dismissed that for that second trial. Other than that,
Speaker 3: was there any major differences in what was let in
Speaker 3: and what was not let in? Was there any differences
Speaker 3: at the onset of that second.
Speaker 6: Trial, Well, the defense wanted to bring in a witness,
Speaker 6: Jennifer Minukin, who is a professor out in California who
Speaker 6: in case there was anyone there with provincial sensibilities. They
Speaker 6: made sure everyone knew that she had been educated at
Speaker 6: the University of Virginia and they wanted to bring her
Speaker 6: in to testify on the lack of reliability of the evidence. However,
Speaker 6: they wanted her as an expert witness, and the prosecution
Speaker 6: objected because she never had done any fingerprint analysis, so
Speaker 6: she couldn't be an expert on that. She had been
Speaker 6: doing an extensive study wool and analysts across the country,
Speaker 6: but that's not the same thing, and so she was
Speaker 6: not allowed to testify.
Speaker 3: And so that was was out a huge blow to
Speaker 3: the defense. Obviously they had planned for that. Yeah, a
Speaker 3: big Keith Barts. Yeah.
Speaker 6: So they had two big defeats in the second trial.
Speaker 6: I mean the first trial is they had a chance
Speaker 6: of winning, and it was there because they spread around
Speaker 6: so much as much reasonable that as they could by
Speaker 6: pointing to other people, and they didn't survive that. So
Speaker 6: it's no wonder that once they couldn't do that and
Speaker 6: couldn't get their other backdoor option in and they they
Speaker 6: just didn't have a whole lot of hope.
Speaker 3: Is it an interesting and unique where you see a
Speaker 3: super flub Like you talked about how the journals got
Speaker 3: to be exhibits Again, I'm not quite sure how that
Speaker 3: could happen, But then the jury gets to read those,
Speaker 3: so there's inadvertent oops. Really helps in the case that
Speaker 3: they should have won in the first place. Really, for
Speaker 3: everybody concerned, it.
Speaker 6: Was just simple human errors. Simply the journals were in
Speaker 6: the courtroom. They were being stored as an exhibit, an
Speaker 6: exhibit for demonstration purposes. Only then there's evidence exhibits. Once
Speaker 6: it's been formally intered as evidence, then the jury can
Speaker 6: see it. When it's just been interested, it entered sort
Speaker 6: of as show and tell. The jewelry can't see it,
Speaker 6: you know, they can't examine it afterwards. So it was
Speaker 6: just a simple slip up in what belonged in which box.
Speaker 6: And you can see how really, when you think about
Speaker 6: all the exhibits stuff that the court clerk has to
Speaker 6: deal with, and how sometimes they're being numbered and tossed
Speaker 6: in so fast, how easy it would be to get
Speaker 6: something put into the wrong box because they ain't up
Speaker 6: Usually with both these trials, boxes and boxes of exhibits
Speaker 6: and reports and all sorts of evidence just end it
Speaker 6: up in the wrong place.
Speaker 3: Very interesting, Well, we won't give the rest of it away.
Speaker 3: I want to leave a little tidbit for everyone to
Speaker 3: read in the second trial, because it's a it's an
Speaker 3: interesting it's an interesting two trials that's for sure, and
Speaker 3: it's a big part of your book as well. But
Speaker 3: it's an amazing portrayal of the characters behind it, especially
Speaker 3: Joscely and Marcy and sort of the heroes of this book,
Speaker 3: basically because it takes a lot to put this guy
Speaker 3: away finally, and so it's a justice does prevail, but
Speaker 3: it takes a while, doesn't it.
Speaker 6: It certainly did this in this case, most definitely, and
Speaker 6: it just you know, you've got to feel so badly
Speaker 6: for the victims' family and friends. You know, they suffered
Speaker 6: such a serious blow in losing someone they cared about
Speaker 6: so much, and then to have to go through one
Speaker 6: trial is it's really a torment. But when it stretches
Speaker 6: to two trials, it's ungodly on them. It's a horrible thing.
Speaker 6: And I surely would not want to walk in their shoes.
Speaker 3: Yeah, certainly. And in the research of this book, of course,
Speaker 3: you spoke to Joscelyn's friends and tell us about some
Speaker 3: of the people that you did get a chance, because
Speaker 3: this really is your knack, is to be able to
Speaker 3: get to some people and they'll confide in you and
Speaker 3: so you can get the real draw, real picture and
Speaker 3: not just you know, newspaper accounts.
Speaker 6: One of the people that was just a joy to
Speaker 6: talk to was Joscelyn's father. He told me just tons
Speaker 6: and tons of stories about Joscelyn and her sister growing up,
Speaker 6: far more than I could put in the book. But
Speaker 6: you know, it was just the law that man had
Speaker 6: for his daughters was so apparent. And although you could
Speaker 6: feel his pain when you talk to him, his joy
Speaker 6: in having had that daughter was also so obvious. And uh,
Speaker 6: just listening to her and what she was like as
Speaker 6: a little girl and as a teenager and as an
Speaker 6: adult daughter was it was It was just very touching,
Speaker 6: and uh, you just wish that everybody had a father
Speaker 6: that cared about them as as much as Jocelyn did.
Speaker 6: And then another huge help to me was j Justlyn's
Speaker 6: friend Jennifer, who was ironically introduced to Joscelyn by Wesley,
Speaker 6: and uh, they they just Wesley said, I think you
Speaker 6: too will hit it off, and he was right. They
Speaker 6: hit it off completely. They were both very athletic and
Speaker 6: competitive and they had so much fun together and they
Speaker 6: both loved the little cabin that Jennifer and her husband
Speaker 6: had up in the lake in Canada. It was very primitive,
Speaker 6: and Joscelyn just loved it, and she did a lot
Speaker 6: of photography, which she had learned from her dad, and
Speaker 6: she took pictures up there of the beauty of the
Speaker 6: lake and people gathered around and the little house, and
Speaker 6: it just to no secondhand Joscelyn earnest through the eyes
Speaker 6: of her father and her sister and her best friend
Speaker 6: was a gift. She was really a special, special woman
Speaker 6: and we have all lost something a great deal when
Speaker 6: she was taken from us at such a young age.
Speaker 3: Yes, and I want to congratulate you too. I mean,
Speaker 3: you really do capture the friendship that these women had
Speaker 3: Masa and Jennifer and Marcy and even people in the office,
Speaker 3: and that really again it's it says a lot. I mean,
Speaker 3: it seems cliche, as he was such a wonderful person,
Speaker 3: but you really do have that in conversations and important events,
Speaker 3: and just how they they grieved, how they they their
Speaker 3: friendship was, how they loved each other and how they
Speaker 3: grieved and how they fought for this person to be
Speaker 3: brought to justice. And so it's a you really do
Speaker 3: paint that a vivid portrayal of these women. And I
Speaker 3: think that that Jocelyn will not soon be forgotten by
Speaker 3: these people. And you've done a real I think service
Speaker 3: by doing this book too, and and sort of the
Speaker 3: tone and people that know of your work again, now
Speaker 3: this is isn't it your thirteenth true crime book that
Speaker 3: you have? This one?
Speaker 6: I think so? Yes, yes, a lost track, but yeah,
Speaker 6: and I was very The wonderful thing was that I
Speaker 6: did get such nice notes from Joscelyn's sister and from
Speaker 6: her best friend when the book came out, with how
Speaker 6: very pleased they were with that I captured Joscelyn's essence. Yeah.
Speaker 3: Well, I want to thank you very much, Diane. For
Speaker 3: those that do the Facebook, would like to be a
Speaker 3: Facebook friend or or would like to visit your website
Speaker 3: or find more about this case or other books that
Speaker 3: you have, can you give us your website and if
Speaker 3: if your Facebook, if you're trust in.
Speaker 6: That, my website is www. Dianefanning dot com and my
Speaker 6: Facebook is you know, Facebook dot com forward slash Diane
Speaker 6: dot Fanning. And I also on Facebook have a true
Speaker 6: crime books page which is you know, Facebook dot com
Speaker 6: slash true Crime Books, and that's where I have stuff
Speaker 6: about my true crime books, including updates on any on
Speaker 6: news stories having to do with the cases I've written about,
Speaker 6: and occasionally some other news that gets my attention. So
Speaker 6: and I love to hear back from people who read
Speaker 6: my books and and people who hear me on the radio,
Speaker 6: so I'm glad to take messages anytime.
Speaker 3: Well, thanks very much, and for those listening, we've been
Speaker 3: talking about Undercover of the Night and true story of sex,
Speaker 3: greed and murder Diane Fanning. Thank you very much. Dan.
Speaker 3: You have a great evening and I'm sure we'll be
Speaker 3: talking to you again real soon. Thank you for this interview.
Speaker 6: Great thank you, Dan, Bye bye, good good night.