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<v Speaker 1>Welcome back to the Pathway Chili.

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<v Speaker 2>I'm Robin, I'm Jules, and I'm Ashley.

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<v Speaker 3>Let's dive right into this week's case.

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<v Speaker 2>October sixth, nineteen eighty three, British Columbia, Canada, twenty seven

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<v Speaker 2>year old Burned Erica and his twenty two year old fiance,

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<v Speaker 2>Andrea Sharp are found shot to death next to a

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<v Speaker 2>remote road. The couple hailed from West Germany and had

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<v Speaker 2>been hitchhiking through Canada, but an unidentified man driving a

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<v Speaker 2>pickup truck is he when using Andrea's travelers checks in

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<v Speaker 2>the days following her death. Six years later, a suspect

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<v Speaker 2>named Andy Rose is charged with the crime based on

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<v Speaker 2>testimony from a former friend who claimed she heard him

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<v Speaker 2>confess to the murders. After two trials and two overturned convictions,

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<v Speaker 2>the charges against Andy are dropped when DNA testing excludes

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<v Speaker 2>him as the perpetrator, but no one else is ever

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<v Speaker 2>charged with killing Burned and Andrea.

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<v Speaker 1>After that, the path went Chiley. So today we are

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<v Speaker 1>going to be covering an unsolved cold case which led

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<v Speaker 1>to a wrongful conviction. The nineteen eighty three murders of

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<v Speaker 1>Burnt Gerica and Andrea Shirp. You know we love to

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<v Speaker 1>cover wrongful conviction cases on a show because this is

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<v Speaker 1>a topic that Ashley is very knowledgeable and passionate about.

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<v Speaker 1>But this is the first time we have covered one

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<v Speaker 1>of these stories from Jewels and I's home country of Canada.

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<v Speaker 1>Our two victims were a West German couple named Burnt

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<v Speaker 1>Gerica and Andrea Shirp, who have been making a lengthy

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<v Speaker 1>two month trip through western Canada. They relied on hitch

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<v Speaker 1>hiking as their primary mode of transportation, but unfortunately, while

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<v Speaker 1>they were in British Columbia, it seemed like they hitch

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<v Speaker 1>a ride with the wrong person, who fatally shot the

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<v Speaker 1>couple and robbed them of all their personal possessions before

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<v Speaker 1>dumping their bodies. It would not be until six years

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<v Speaker 1>later when police finally charged a suspect named Danny Rose,

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<v Speaker 1>a Newfoundland resident who had been living and working in

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<v Speaker 1>British Columbia at the time of the murders. The problem

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<v Speaker 1>was that the only evidence against Annie was the testimony

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<v Speaker 1>of a woman who claimed that he showed up at

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<v Speaker 1>her trailer one night while covered in blood and made

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<v Speaker 1>a drunken confession to the murders. Even though there were

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<v Speaker 1>a number of logistical issues which made it almost seem

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<v Speaker 1>impossible that Andy could have committed this crime. He was

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<v Speaker 1>found guilty by two separate juries at two separate trials.

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<v Speaker 1>Andy was in the midst of going on trial for

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<v Speaker 1>the third time in two thousand and one when the

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<v Speaker 1>prosecution decided to drop the murder charges against him as

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<v Speaker 1>DNA evidence from a pair of bloody genes found near

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<v Speaker 1>the murder scene did not match him. Thus far, no

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<v Speaker 1>one else has ever been charged with this crime. While

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<v Speaker 1>the investigation did turn up a compelling alternate suspect who

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<v Speaker 1>also allegedly confessed to the murders, the evidence does not

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<v Speaker 1>really point towards him either. On this series of episodes,

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<v Speaker 1>we're also going to be discussing a controversial police procedure

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<v Speaker 1>known as the Mister Big technique, which was invented by

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<v Speaker 1>the Royal Canadian Mountain Police and is actually banned in

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<v Speaker 1>the United States, though it has played a role in

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<v Speaker 1>some controversial convictions in Canada.

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<v Speaker 3>Okay, I have two things I want to ask you about.

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<v Speaker 3>First of all, I've heard of the Mister Big technique.

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<v Speaker 3>Isn't it almost like the read techniques that's designed to

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<v Speaker 3>elicit a confession from someone.

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<v Speaker 1>It's very similar, but it involves undercover police officers, usually

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<v Speaker 1>posing as criminals, and they try to use that as

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<v Speaker 1>a means to get a confession out of a suspect

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<v Speaker 1>by saying like, oh, we'll let you join our criminal

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<v Speaker 1>gang if you tell us about all the murders you did.

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<v Speaker 1>But there's a lot of controversy about it because you

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<v Speaker 1>almost have to question the validity when they supposedly confess,

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<v Speaker 1>because you're wondering, are they just tell the undercover officer

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<v Speaker 1>what they want to hear by just bragging about a

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<v Speaker 1>prime they did not commit, as.

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<v Speaker 2>You Americans call it entropment.

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<v Speaker 3>Yes, sense, so basically where the read techniques are controversial,

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<v Speaker 3>But it's a uniformed officer who's sitting in an interrogation room.

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<v Speaker 3>This is a group of officers undercover who are making

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<v Speaker 3>promises and offering something attractive to that person who doesn't

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<v Speaker 3>know their law enforcement to solicit a confession.

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<v Speaker 1>Exactly. Yes, Okay, well.

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<v Speaker 3>Highly controversial, Okay, I can buy that. I'm also highly

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<v Speaker 3>concerned about a couple of things that you've already told me.

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<v Speaker 3>When we're talking about this woman who says he shows

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<v Speaker 3>up bloody and confesses to a murder. You described her

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<v Speaker 3>as a former friend. Do we later find out that

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<v Speaker 3>that confession never took place, or that he actually did

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<v Speaker 3>make a drunken confession.

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<v Speaker 1>He always denied making that confession, And of course it

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<v Speaker 1>was very suspicious because she didn't actually come f forward

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<v Speaker 1>herself to share this story. We're going to find out

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<v Speaker 1>that it was shared kind of third hand by another

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<v Speaker 1>friend of hers, who said that, by the way, she

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<v Speaker 1>told me one time, someone came to her trailer, well

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<v Speaker 1>bloody and confess to this double murder. So obviously there

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<v Speaker 1>were a lot of credibility issues. And what was particularly

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<v Speaker 1>problematic about this case is that this was literally the

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<v Speaker 1>only evidence proving that Andy Rose was responsible, Yet somehow

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<v Speaker 1>the juries found it convincing enough to convict him on

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<v Speaker 1>two separate occasions.

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<v Speaker 3>I'm really frustrated because I can put into my mind

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<v Speaker 3>a million scenarios where this woman would have a reason

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<v Speaker 3>to make Andy look bad. Let's say she had formerly

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<v Speaker 3>been interested in him and he wasn't interested. Let's say

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<v Speaker 3>they had had a fling and she wasn't happy with

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<v Speaker 3>the way it turned out. Let's say that they were

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<v Speaker 3>friends and he did something that made her mad. There's

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<v Speaker 3>a lot of reasons why people would even let's say,

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<v Speaker 3>well she was drinking and hanging out with friends, would

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<v Speaker 3>throw someone else under the bus. And so that's really

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<v Speaker 3>problematic that one he doesn't say like, yeah, I did it,

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<v Speaker 3>or he doesn't confess to law enforcement, which in and

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<v Speaker 3>of itself doesn't necessarily prove anything. Either, he has this person, who,

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<v Speaker 3>like you said, third party, is saying that he's guilty

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<v Speaker 3>and he did this and confessed to her. And then

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<v Speaker 3>we also have some unidentified individual who was using Andrea's

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<v Speaker 3>travelers checks in some pickup truck. Remember they were hitch hiking,

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<v Speaker 3>so it makes a lot of sense that you would

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<v Speaker 3>think maybe someone they ran into while hitchhiking, hurt them,

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<v Speaker 3>took their belongings and started using their travelers checks. That's

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<v Speaker 3>the person I want to know about. And somehow Andy

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<v Speaker 3>gets tied into this just because some woman who could

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<v Speaker 3>have been upset with him says he confessed to her

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<v Speaker 3>through a third party.

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<v Speaker 1>And when you look at the timeline, it seems impossible

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<v Speaker 1>that Andy could have been at these locations to use

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<v Speaker 1>the travelers checks. It seems obvious it was somebody else.

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<v Speaker 1>So yeah, this is definitely one of the weakest cases

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<v Speaker 1>I've ever seen where someone went to trial and it

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<v Speaker 1>still managed to secure a guilty verdict.

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<v Speaker 2>And they did they go and do their due diligence

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<v Speaker 2>with regards to testing the veracity of her statement. I mean,

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<v Speaker 2>we know polygraphs are controversial, but did they give her

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<v Speaker 2>a polygraph? Did they talk to other people in her

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<v Speaker 2>life to see if she was indeed a credible witness?

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<v Speaker 1>Do you know, Robin, Well, we're going to talk about that.

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<v Speaker 1>They actually had to wear a wire and have a

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<v Speaker 1>conversation a phone conversation with Andy years after the fact,

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<v Speaker 1>but he never actually made any incriminating statements to back

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<v Speaker 1>up her story that he confessed to this murder.

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<v Speaker 2>So our story begins in my home province of British

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<v Speaker 2>Columbia in nineteen eighty three. Our central figures our twenty

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<v Speaker 2>seven year old Burned, Gerica and his twenty two year

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<v Speaker 2>old fiance, Andrea Shirp, who originally hail from Bulga, West Germany.

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<v Speaker 2>Following his graduation from university, Burned received an extended trip

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<v Speaker 2>to Canada as a gift, so he and Andrea decided

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<v Speaker 2>that they would spend nearly two months traveling through the

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<v Speaker 2>western portion of the country. A good chunk of this

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<v Speaker 2>trip would involve camping and backpacking, and they planned to

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<v Speaker 2>use hitchhiking as their primary mode of transportation. The couple

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<v Speaker 2>first touched down in Winnipeg, Manitoba, on August eighteenth, before

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<v Speaker 2>going to visit relatives in the municipality of Roblin for

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<v Speaker 2>the next several weeks. They proceeded to hitchhike their way

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<v Speaker 2>through Saskatchewan, Alberta, and British Columbia, and when they arrived

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<v Speaker 2>in the municipality of Port Hardy, they boarded a ferry

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<v Speaker 2>which took them to the port city of Prince Rupert.

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<v Speaker 2>From there, they proceeded to travel north and cross the

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<v Speaker 2>border into Haines, Alaska, before crossing the border back into

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<v Speaker 2>Canada and continuing up north to Whitehorse, the capital city

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<v Speaker 2>in the Yukon Territory. At some point, Burned and Andrea

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<v Speaker 2>started heading back south into British Columbia, as they were

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<v Speaker 2>scheduled to return back home by boarding a flight from

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<v Speaker 2>Vancouver to Frankfurt, Germany, on October seventh. The last confirmed

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<v Speaker 2>sighting of the couple took place on October third, as

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<v Speaker 2>they were seen hitchhiking in Dawson Creek, nearly twelve hundred

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<v Speaker 2>kilometers northeast of Vancouver, but unfortunately they would not make

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<v Speaker 2>their flight. On October sixth a low resident discovered Burned

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<v Speaker 2>in Andrea's bodies in a field next to an isolated

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<v Speaker 2>road about a half kilometer away from Highway ninety seven.

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<v Speaker 2>Burned had been shot once in the back of the

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<v Speaker 2>head and once in the face, while Andrea received a

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<v Speaker 2>fatal gunshot wound to the temple. The location was about

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<v Speaker 2>thirty two kilometers west of the district municipality of chetwind

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<v Speaker 2>and it was estimated that the couple had been dead

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<v Speaker 2>about three days before their bodies were discovered. The investigation

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<v Speaker 2>would be headed by the Royal Canadian Mounted Police aka

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<v Speaker 2>the RCMP, and they initially could not even identify the

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<v Speaker 2>two victims because their identification, including their passports and driver's licenses,

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<v Speaker 2>were missing. In fact, all of the items which Burned

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<v Speaker 2>and Andrea had been carrying, including their backpacks, clothing, camping equipment,

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<v Speaker 2>and a guitar Burned owned, were presumably stolen by the

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<v Speaker 2>person who killed them, and they were never recovered, which

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<v Speaker 2>makes me.

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<v Speaker 3>Incredibly suspicious of the person who was using the cashier

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<v Speaker 3>checks or the checks, because they obviously are unidentified. They're

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<v Speaker 3>driving this truck. I could easily see them pulling over

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<v Speaker 3>and talking to this couple and saying, hey, I can

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<v Speaker 3>give you a ride, no problem. These are young kids.

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<v Speaker 3>They're just floating from place to place. They were known

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<v Speaker 3>to be hitch hiking, and so to me, it makes

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<v Speaker 3>the most sense that that truck pulls over says that

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<v Speaker 3>they can take these kids somewhere and then when they

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<v Speaker 3>execute them is basically what happened. They steal all of

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<v Speaker 3>their belongings and I'm sure scattered them along the way somewhere,

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<v Speaker 3>but those checks were used. Those had to be on

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<v Speaker 3>Andrea's persons before she was killed, because I can't imagine

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<v Speaker 3>someone robbing them and them not reporting that or not

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<v Speaker 3>saying anything and saying, oh, someone took my checks, but

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<v Speaker 3>that's okay, We're just going to keep on going. That

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<v Speaker 3>would be a major problem. If you were hitch hiking

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<v Speaker 3>someone robbed you and took your money and access to

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<v Speaker 3>your bank accounts, you would have said something. So that

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<v Speaker 3>had to be tied into the person who killed them,

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<v Speaker 3>because everything else was this scene as well. So it

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<v Speaker 3>makes sense that whoever had those checks also killed this couple.

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<v Speaker 1>Yeah, I definitely think that's what happened. That they were

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<v Speaker 1>picked up hitchhiking by the wrong person who proceeded to

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<v Speaker 1>kill them, and that person continued traveling south and using

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<v Speaker 1>Andrea's checks. And cases like this are just a time

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<v Speaker 1>capsule of a much different era where no one thought

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<v Speaker 1>too much about the dangers of hitchhiking, and you hear

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<v Speaker 1>stories about people traveling to foreign countries and hitch hiking

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<v Speaker 1>the entire way, and unfortunately, cases like this are pretty

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<v Speaker 1>much the ultimate cautionary tales and show why people know

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<v Speaker 1>these days that hitch hiking should not be done and correctly.

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<v Speaker 2>If I'm wrong, Robin, bit, aren't some of these areas

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<v Speaker 2>in which they were traveling and where they were found

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<v Speaker 2>close to the Highway of Tears. Isn't it Highway ninety seven?

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<v Speaker 1>Uh? Let me just double check that I should know this. Yeah, yeah,

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<v Speaker 1>because you live in the area.

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<v Speaker 3>I almost think you're right.

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<v Speaker 1>I almost think you're right, Jewels, Oh, it's Highway sixteen.

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<v Speaker 2>Actually, is it Highway sixteen? Okay?

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<v Speaker 1>But yeah, this was the era of the of the

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<v Speaker 1>Highway of Tears, where a lot of people were murdered

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<v Speaker 1>hitchhiking in British Columbia.

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<v Speaker 3>Okay, I have a very important question too. Is the

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<v Speaker 3>Dawson's Creek? You mentioned the Dawson's Creek that I fell

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<v Speaker 3>in love with in my teen TV show. No, okay,

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<v Speaker 3>I just had to make sure. I just had to

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<v Speaker 3>make sure.

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<v Speaker 1>Go on this to be clear. This is Dawson Creek

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<v Speaker 1>without an S on the end, so it's totally different.

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<v Speaker 3>Yeah, he doesn't own it. Okay, that's fair.

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<v Speaker 1>Fair. A forensic pathologist who conducted postmortem examinations on Burnt

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<v Speaker 1>and Andrea was unable to determine the exact make and

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<v Speaker 1>model of the bullets and guns used during the murders,

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<v Speaker 1>but she fell it was consistent with either a thirty

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<v Speaker 1>eight caliber or three fifty seven magnum handgun. The pathologists

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<v Speaker 1>also suspected that the victims might be European, which prompted

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<v Speaker 1>the RCMP to contact Interpol, and they eventually learned about

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<v Speaker 1>a missing West German couple who had not returned home

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<v Speaker 1>as scheduled from a trip to Canada. A friend of theirs,

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<v Speaker 1>who lived in Edmonton, Alberta, had to be brought to

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<v Speaker 1>British Columbia. To view the body, and they were positively

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<v Speaker 1>identified as Burnt and Andrea on October the sixteenth, ten

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<v Speaker 1>days after they were found. The most promising piece of

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<v Speaker 1>evidence was a pair of PSI thirty four genes, which

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<v Speaker 1>were discovered inside a waste disposal bin located alongside Highway

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<v Speaker 1>ninety seven, about one kilometer south of the murder scene.

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<v Speaker 1>The genes were heavily stained with blood spatter, particularly below

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<v Speaker 1>the knees, and a forensic rologist determined that the blood

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<v Speaker 1>was consistent with the two victims. There was also a

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<v Speaker 1>bloodlike substance underneath Andrea's fingernails, which may have belonged to

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<v Speaker 1>her killer. Investigators would also learn that on October the

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<v Speaker 1>fourth and fifth American Express Travelers checks belonging to Andrea

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<v Speaker 1>were used to purchase gasoline at no less than five

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<v Speaker 1>service stations in Prince George Quinnell Mickley's Lake Lach Lajash

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<v Speaker 1>and one hundred Mile House, which were all located hundreds

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<v Speaker 1>of kilometers south of the murder scene. According to the

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<v Speaker 1>various clerks at these stations, the individual who used these

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<v Speaker 1>checks was a white male who appeared to be fed

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<v Speaker 1>foot nine and approximately forty years old. And spoke with

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<v Speaker 1>a slight American accent. He was also described as having straight,

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<v Speaker 1>collar length, brown hair and slumped shoulders, and he was

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<v Speaker 1>dressed in work clothes. The witnesses said that the man

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<v Speaker 1>had a pleasant demeanor and did not do anything to

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<v Speaker 1>arouse suspicion, which is why he agreed to accept travelers

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<v Speaker 1>checks from him, and even though these checks had a

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<v Speaker 1>woman's signature on them, the man was able to provide

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<v Speaker 1>seemingly plausible stories to account for this. For instance, the

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<v Speaker 1>clerk at the gas station in Mcleis's Lake said that

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<v Speaker 1>the man told him he had bumped into a lady

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<v Speaker 1>who ran out of gas up the road, so she

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<v Speaker 1>gave him a signed ten dollars travelers check in order

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<v Speaker 1>to fill up a gas can to bring back to her.

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<v Speaker 1>The man was reportedly driving a green late nineteen sixties

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<v Speaker 1>model pickup truck, which may have been a Chevrolet, but

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<v Speaker 1>unfortunately none of the witnesses took down the license number.

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<v Speaker 1>Even though a number of pickup truck owners from British

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<v Speaker 1>Columbia were questioned by the RCMP, they were unable to

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<v Speaker 1>find a match, and while two separate composite sketches were

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<v Speaker 1>created and circulated for the mail driver. He could not

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<v Speaker 1>be identified.

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<v Speaker 3>I love how what threw them off was a quote

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<v Speaker 3>lady's signature, because you know, I mean, most guys don't

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<v Speaker 3>have a real pretty signature, but us women, I don't

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<v Speaker 3>know that we have a distinct gendered signature. But Andrea

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<v Speaker 3>is right at the top of the check as well.

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<v Speaker 3>And so when he goes in and he's saying, hey,

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<v Speaker 3>I have this traveler's check one A traveler's check is

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<v Speaker 3>kind of an odd form of payment, maybe not so

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<v Speaker 3>much back in the eighties, but you would think they'd

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<v Speaker 3>scrutinize the check. It says Andrea at the top, and

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<v Speaker 3>then he has to come up with these stories of hey,

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<v Speaker 3>this woman gave me this check. She wants me to

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<v Speaker 3>bring her car back. I'm just gassing it up for

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<v Speaker 3>and like you said, because he seems pretty pleasant, which

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<v Speaker 3>means he doesn't appear to be this kind of criminal

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<v Speaker 3>mastermind or some gang leader or anything like that. It

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<v Speaker 3>seems as though people just believe him and doesn't really

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<v Speaker 3>register until it's called into question that these two kids

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<v Speaker 3>died and Andrea happens to be one of them. So

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<v Speaker 3>really interesting because it almost seems like this person so

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<v Speaker 3>calm and cool and collected. Could they have done something

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<v Speaker 3>like this before? Is it something that he just had

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<v Speaker 3>enough time driving hundreds of miles to kind of be

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<v Speaker 3>calm and regroup and think of stories he could tell

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00:16:15.080 --> 00:16:17.519
<v Speaker 3>to use her money? And do you think that was

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<v Speaker 3>the main motivator behind the crime itself, just to get

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<v Speaker 3>their stuff?

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<v Speaker 1>Possibly? I mean, they never specified just how much money

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<v Speaker 1>was the travelers checks were worked, because obviously we know

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<v Speaker 1>he used one ten dollars one, which isn't a lot

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<v Speaker 1>of money. As possible that he wasn't even planning to

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<v Speaker 1>kill anyone, but maybe he made sexual advances on Andre

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<v Speaker 1>or something and things escalated into violence. Or maybe he

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<v Speaker 1>was just a serial killer who just loved to pick

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<v Speaker 1>up random people and rob them while traveling through the area.

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<v Speaker 1>Because they described him as having an American accent, So

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<v Speaker 1>if he was from say, Washington State, and he went

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<v Speaker 1>up to Canada to kill people, he might have just

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<v Speaker 1>had the mentality, well, if I crossed the border and

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<v Speaker 1>go back home, they'll never figure out that I was

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<v Speaker 1>responsible for these crimes.

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<v Speaker 2>I don't know, like I've got nothing to go on here,

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<v Speaker 2>but I almost get a gut feeling that you're right, Ashley,

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<v Speaker 2>that this is somebody who's done this before, and that

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<v Speaker 2>they are like a chameleon, and that they can fit

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<v Speaker 2>in in any scenario and come off seeming decent, so

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<v Speaker 2>that people don't take down his license plate and they

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<v Speaker 2>allow him to pay with these travelers checks that say

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<v Speaker 2>Andrea sharp on them when he is clearly not an Andrea.

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<v Speaker 2>And it almost feels like there's a possibility that the

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<v Speaker 2>robbery element could just be a secondary motivation, like if

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<v Speaker 2>your motivation is to murder, and then well, why wouldn't

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<v Speaker 2>you then take advantage of the situation and take whatever

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<v Speaker 2>belongings you could.

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<v Speaker 3>That's very true. I mean you have this idea that

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<v Speaker 3>one he could have been making sexual advances. One it

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00:17:45.759 --> 00:17:48.079
<v Speaker 3>could be a power control thing. He sees a couple,

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<v Speaker 3>just like we know several killers have targeted couples, and

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<v Speaker 3>what he does is he, let's say he kills the

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<v Speaker 3>young man first and then kills the then kills Andrea.

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<v Speaker 3>It makes sense and like you said, maybe just taking

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<v Speaker 3>all our things as a way to erase their identity

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<v Speaker 3>temporarily so he can get away further. Because if he's

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<v Speaker 3>done it before, he knows you don't leave that kind

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<v Speaker 3>of information. It makes the police very easily able to

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<v Speaker 3>identify who the victims are and maybe gets them a

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00:18:14.319 --> 00:18:18.519
<v Speaker 3>jump start on the investigation. Oh question, do I have

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<v Speaker 3>an American accent?

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<v Speaker 2>Yes?

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<v Speaker 1>I mean America is such a big country that I

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<v Speaker 1>liked more specifics about which kind of region that your

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<v Speaker 1>accent is from, because listening to your voice, I can

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<v Speaker 1>tell you're American, but I wouldn't be able to guess

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<v Speaker 1>where you're from.

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<v Speaker 2>I love it, Jules, you said, yes, I hear American accent,

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<v Speaker 2>but I also like, this will sound weird. When I

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<v Speaker 2>hear Robin talk, I hear a Canadian accent that we

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<v Speaker 2>don't necessarily have out here.

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<v Speaker 3>So people think I'm from New York, which makes no

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<v Speaker 3>sense because I'm from Florida and I've never been up

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<v Speaker 3>in New York. But I don't have the typical Southern

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<v Speaker 3>draw unless I've I don't know, unless I'm really tired

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<v Speaker 3>or something. But I'm a Southern girl and people are

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<v Speaker 3>always like, are you from New York? So we are

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<v Speaker 3>very vastly different. Depending on what region you're from, people

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<v Speaker 3>think they can identify where you're from.

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<v Speaker 2>I get refined Southern from you. Yay.

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<v Speaker 3>Thank you, God, bless you.

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<v Speaker 2>Over the next several years, the RCMP collected around nine

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<v Speaker 2>hundred tips, but none of them led the case any

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<v Speaker 2>closer to a resolution. However, a major development took place

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<v Speaker 2>in July of nineteen eighty nine, when the RCMP detachment

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<v Speaker 2>in Gander, Newfoundland was contacted by Tom Martin, a drug

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<v Speaker 2>dealer who acted as an informant for them. Martin claimed

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<v Speaker 2>that months earlier, he'd been living in the town of

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<v Speaker 2>Grand Falls, Windsor and sharing a house with a woman

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<v Speaker 2>named Madonna Kelly. According to Martin, Madonna told him that

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<v Speaker 2>she knew the identity of the person responsible for the

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<v Speaker 2>murders of two German tourists in British Columbia. The RCMP

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<v Speaker 2>eventually brought in Madonna for questioning, and she recounted this story,

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<v Speaker 2>confirming that she'd been living in a rented trailer in Chetwyn,

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<v Speaker 2>British Columbia, back in nineteen eighty three. At the time,

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<v Speaker 2>Madonna was working at a sod farm and befriended another

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<v Speaker 2>employee named Andy Rose. Like Madonna, Andy also hailed from

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<v Speaker 2>Grand Falls, Windsor, Newfoundland, and was one of thirteen siblings

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<v Speaker 2>in his family. Over the years. Andy had worked and

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<v Speaker 2>lived in a number of different places, including Toronto, Edmonton,

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<v Speaker 2>and Thompson, Manitoba, and had one failed marriage under his belt.

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<v Speaker 2>Even though Andy was described as being a nice guy

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<v Speaker 2>when he was sober, he did have issues with alcohol

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<v Speaker 2>and had become something of a drifter who had a

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<v Speaker 2>hard time holding down steady employment. After arriving in Chetwynd

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<v Speaker 2>in nineteen eighty three, Andy lived with one of his

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<v Speaker 2>brothers for a month and moved into a motel once

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<v Speaker 2>he got the job at the Sad Farm. According to Madonna,

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<v Speaker 2>during the early morning hours of October fourth or fifth

397
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<v Speaker 2>that year, Andy suddenly showed up on the doorstep of

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<v Speaker 2>her trailer while he was intoxicated. Madonna described him as

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00:20:57.720 --> 00:21:01.559
<v Speaker 2>wearing blood stained jeans and having blood stained hands, and

400
00:21:01.599 --> 00:21:04.319
<v Speaker 2>she also said he appeared to have scratches under his eyes.

401
00:21:05.279 --> 00:21:08.119
<v Speaker 2>Andy then told Madonna that he had murdered two German

402
00:21:08.160 --> 00:21:11.079
<v Speaker 2>people by blowing their heads off and leaving their bodies

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<v Speaker 2>by the side of the road. The female victim had

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00:21:13.839 --> 00:21:17.519
<v Speaker 2>apparently fought back and caused scratches on Andy's face, which

405
00:21:17.599 --> 00:21:20.000
<v Speaker 2>is why he wanted to borrow some makeup from Madonna

406
00:21:20.160 --> 00:21:23.119
<v Speaker 2>in order to help him cover them up since there

407
00:21:23.160 --> 00:21:26.039
<v Speaker 2>was a full moon that night. Madonna also described Andy

408
00:21:26.119 --> 00:21:29.920
<v Speaker 2>as quote howling like a werewolf when he shared a story.

409
00:21:30.480 --> 00:21:32.759
<v Speaker 2>She claimed that Andy threatened to kill her and her

410
00:21:32.799 --> 00:21:36.079
<v Speaker 2>infant son if she ever told anyone about what he did,

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00:21:36.640 --> 00:21:39.319
<v Speaker 2>which is why she remained silent for nearly six years.

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00:21:40.079 --> 00:21:43.599
<v Speaker 2>Madonna then left Shetwynd and moved back to Newfoundland only

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<v Speaker 2>weeks after this incident took place.

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<v Speaker 3>Okay, let's look at his behavior. He seems like, like

415
00:21:49.839 --> 00:21:52.680
<v Speaker 3>she talks about, he had an alcohol problem, he had

416
00:21:52.720 --> 00:21:55.279
<v Speaker 3>become a drifter. It's kind of like he had this

417
00:21:55.400 --> 00:21:58.200
<v Speaker 3>huge family, he started working on this farm and his

418
00:21:58.240 --> 00:21:59.880
<v Speaker 3>life just started to kind of unravel.

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00:22:00.079 --> 00:22:00.880
<v Speaker 1>His mental health.

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00:22:00.720 --> 00:22:03.799
<v Speaker 3>Seems to be a little bit an end question here.

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00:22:04.319 --> 00:22:07.039
<v Speaker 3>And then you contrast that with the individual we know

422
00:22:07.359 --> 00:22:11.400
<v Speaker 3>was caching these checks of Andrea's. That's someone who's calm,

423
00:22:11.559 --> 00:22:16.079
<v Speaker 3>who's well put together, who arouses no suspicion, who can

424
00:22:16.200 --> 00:22:19.680
<v Speaker 3>very calmly tell you stories about what he is doing

425
00:22:19.720 --> 00:22:22.680
<v Speaker 3>and how he got these checks in his possession. Does

426
00:22:22.720 --> 00:22:24.839
<v Speaker 3>not seem like the same person to me whatsoever.

427
00:22:26.079 --> 00:22:28.400
<v Speaker 1>Yeah, That's what I'm thinking as well, And as we're

428
00:22:28.400 --> 00:22:30.680
<v Speaker 1>going to talk about There is nothing to indicate that

429
00:22:30.759 --> 00:22:33.960
<v Speaker 1>Andy ever traveled south during that time period, hundreds of

430
00:22:34.000 --> 00:22:37.799
<v Speaker 1>kilometers to even use these travelers checks at these different locations.

431
00:22:37.839 --> 00:22:39.799
<v Speaker 1>In fact, he was so poor that I'm not even

432
00:22:39.839 --> 00:22:43.319
<v Speaker 1>sure he had access to a vehicle during that time period. So,

433
00:22:43.559 --> 00:22:46.839
<v Speaker 1>I mean, I can understand investigating him after hearing this

434
00:22:46.960 --> 00:22:50.079
<v Speaker 1>story about his so called confession, But when you look

435
00:22:50.079 --> 00:22:53.720
<v Speaker 1>at like his movements and the timeline of when these

436
00:22:53.799 --> 00:22:56.160
<v Speaker 1>murders took place, it just seems impossible that he could

437
00:22:56.160 --> 00:22:58.799
<v Speaker 1>have just traveled one hundred kilometers south and then just

438
00:22:58.799 --> 00:23:01.759
<v Speaker 1>suddenly returned act to chatwind and then moved on with

439
00:23:01.839 --> 00:23:02.279
<v Speaker 1>his life.

440
00:23:04.279 --> 00:23:06.759
<v Speaker 3>And think about too, if he's this person who's struggling,

441
00:23:06.839 --> 00:23:09.839
<v Speaker 3>let's say, financially, who has an alcohol problem, who's a drifter,

442
00:23:10.680 --> 00:23:13.839
<v Speaker 3>and these two kids are hitch hiking, don't you think

443
00:23:13.839 --> 00:23:16.079
<v Speaker 3>there's some awareness when you're hitch hiking, Like if a

444
00:23:16.160 --> 00:23:19.519
<v Speaker 3>really like I don't know, dishoveled individual pulls overs like

445
00:23:19.559 --> 00:23:23.440
<v Speaker 3>get in the car, like you have the right to go, eh,

446
00:23:23.480 --> 00:23:26.240
<v Speaker 3>we're okay, we're okay, we're gonna wait a little bit.

447
00:23:26.359 --> 00:23:27.680
<v Speaker 3>You know, you don't have to get in the car

448
00:23:27.759 --> 00:23:30.200
<v Speaker 3>with that person. So I also think there's a lot

449
00:23:30.240 --> 00:23:32.440
<v Speaker 3>to say about who people choose to get in the

450
00:23:32.440 --> 00:23:34.759
<v Speaker 3>car with. Even in the eighties, when you have someone

451
00:23:34.759 --> 00:23:38.200
<v Speaker 3>who's charming, well put together, who is you know, kind

452
00:23:38.359 --> 00:23:40.680
<v Speaker 3>and clean, and their car is clean, those kinds of

453
00:23:40.759 --> 00:23:43.279
<v Speaker 3>things go a really long way to allow you to

454
00:23:43.279 --> 00:23:46.559
<v Speaker 3>make assumptions of safety, Whereas if someone was just shoveled,

455
00:23:46.640 --> 00:23:49.119
<v Speaker 3>let's say, had a really beat up car, those kinds

456
00:23:49.119 --> 00:23:52.359
<v Speaker 3>of things, maybe you say I'm okay, no, thank you,

457
00:23:52.519 --> 00:23:55.920
<v Speaker 3>especially when you're not just as you know, one individual,

458
00:23:55.960 --> 00:23:59.240
<v Speaker 3>there's two of you, so two brains thinking. I would

459
00:23:59.240 --> 00:24:01.400
<v Speaker 3>think that the person who pulls over and picks them up,

460
00:24:01.440 --> 00:24:03.440
<v Speaker 3>both of these kids are looking at ho they were going, yep,

461
00:24:03.559 --> 00:24:05.319
<v Speaker 3>let's get in the car with them.

462
00:24:05.599 --> 00:24:07.960
<v Speaker 1>That totally makes sense because when you hear the description

463
00:24:08.039 --> 00:24:10.160
<v Speaker 1>of the guy using the travelers checks, who seemed like

464
00:24:10.200 --> 00:24:13.359
<v Speaker 1>a pleasant, charming guy, he sounds like an individual that

465
00:24:13.480 --> 00:24:18.079
<v Speaker 1>the couple would have been comfortable climbing into a vehicle with. Well.

466
00:24:18.200 --> 00:24:21.160
<v Speaker 1>Upon further investigation, it turned out that Andy had left

467
00:24:21.160 --> 00:24:24.000
<v Speaker 1>Shedwyn around the same time Madonna did, and traveled to

468
00:24:24.079 --> 00:24:26.559
<v Speaker 1>the town of Courtney to look for work before he

469
00:24:26.640 --> 00:24:29.720
<v Speaker 1>relocated to Edmonton and got a job moving furniture for

470
00:24:29.880 --> 00:24:33.119
<v Speaker 1>U Haul. By nineteen eighty nine, Andy was forty years

471
00:24:33.160 --> 00:24:36.079
<v Speaker 1>old and finally achieved a bit of stability in his life,

472
00:24:36.200 --> 00:24:38.359
<v Speaker 1>as he had spent the past three years living and

473
00:24:38.440 --> 00:24:42.079
<v Speaker 1>working in Sun Dance, Manitoba. In fact, on October the

474
00:24:42.079 --> 00:24:45.200
<v Speaker 1>twenty eighth, while the RCMP were building a case against him,

475
00:24:45.519 --> 00:24:48.319
<v Speaker 1>Andy's common law wife gave birth to their first son.

476
00:24:49.000 --> 00:24:51.920
<v Speaker 1>Even though Andy had once been arrested for public intoxication

477
00:24:52.119 --> 00:24:54.319
<v Speaker 1>and spent the night in a drunk tank, he had

478
00:24:54.319 --> 00:24:57.400
<v Speaker 1>no serious criminal record or history of violence, but the

479
00:24:57.519 --> 00:25:01.480
<v Speaker 1>RCMP still felt he was worth pursuing as suspect. On

480
00:25:01.519 --> 00:25:05.039
<v Speaker 1>September seventh, just ten days after Andy's child was born,

481
00:25:05.400 --> 00:25:08.519
<v Speaker 1>the RCNP requested that Madonna phone him and Sun Dance

482
00:25:08.680 --> 00:25:12.720
<v Speaker 1>while they secretly recorded the conversation. Their call lasted for

483
00:25:12.720 --> 00:25:15.440
<v Speaker 1>about an hour, but when Madonna brought up Andy's alleged

484
00:25:15.480 --> 00:25:19.000
<v Speaker 1>murder Confashion from nineteen eighty three, he completely denied that

485
00:25:19.079 --> 00:25:21.759
<v Speaker 1>the incident occurred or that he had ever killed anybody.

486
00:25:22.480 --> 00:25:26.079
<v Speaker 1>During the call, Andy did provide a potential alternate explanation

487
00:25:26.119 --> 00:25:29.119
<v Speaker 1>for Madonna's story, as he acknowledged getting into a bar

488
00:25:29.200 --> 00:25:31.880
<v Speaker 1>fight in Chetwind during that time period in which he

489
00:25:31.920 --> 00:25:34.279
<v Speaker 1>was punched in the nose and wound up bleeding onto

490
00:25:34.279 --> 00:25:37.759
<v Speaker 1>his own clothing. Andy recalled there being a full moon

491
00:25:37.799 --> 00:25:40.039
<v Speaker 1>on that particular night, so if he had shown up

492
00:25:40.079 --> 00:25:43.359
<v Speaker 1>to Madonna's trailer after the fight, perhaps this was the

493
00:25:43.400 --> 00:25:47.119
<v Speaker 1>incident she recalled. And he also maintained that he did

494
00:25:47.119 --> 00:25:49.039
<v Speaker 1>not own a gun or a car while he was

495
00:25:49.079 --> 00:25:51.359
<v Speaker 1>living in Chetwind and would not have had the means

496
00:25:51.400 --> 00:25:55.079
<v Speaker 1>to acquire them. He told Madonna, quote, I couldn't even

497
00:25:55.079 --> 00:25:58.039
<v Speaker 1>buy my own breakfast. I drank every cent I had

498
00:25:58.200 --> 00:26:01.519
<v Speaker 1>I end quote. Regardless, even though Andy did not make

499
00:26:01.519 --> 00:26:05.319
<v Speaker 1>a confession or reveal anything incriminating during the recorded phone call,

500
00:26:05.720 --> 00:26:08.799
<v Speaker 1>the RCNP still believe that Madonna's story was strong enough

501
00:26:08.839 --> 00:26:12.759
<v Speaker 1>evidence to charge it with Burned and Andrea's murders. Andy

502
00:26:12.839 --> 00:26:15.799
<v Speaker 1>was quickly arrested in sun Dance and eventually extradited into

503
00:26:15.799 --> 00:26:18.440
<v Speaker 1>British Columbia to stand trial for the crime.

504
00:26:19.480 --> 00:26:22.680
<v Speaker 3>Let's say he actually had confessed to exactly what Madonna said.

505
00:26:23.000 --> 00:26:26.359
<v Speaker 3>He was such an inebriated individual at the time, and

506
00:26:26.400 --> 00:26:29.440
<v Speaker 3>he's even saying, Man, I'm drunk all the time, every

507
00:26:29.559 --> 00:26:32.519
<v Speaker 3>dime I have goes to drinking. He wasn't going to

508
00:26:32.559 --> 00:26:35.599
<v Speaker 3>be sober enough to go hundreds of miles to pick

509
00:26:35.640 --> 00:26:39.160
<v Speaker 3>them up, to go cash these checks, those kinds of things.

510
00:26:39.240 --> 00:26:41.599
<v Speaker 3>He says he didn't have a car, but if he did,

511
00:26:41.720 --> 00:26:44.559
<v Speaker 3>I highly doubt that someone who's struggling that hard with

512
00:26:44.680 --> 00:26:48.079
<v Speaker 3>an addiction that they would prefer to buy beer or

513
00:26:48.200 --> 00:26:53.119
<v Speaker 3>booze over let's say, shelter car, those kinds of things,

514
00:26:53.200 --> 00:26:56.000
<v Speaker 3>holding down their job, having stability with their family, that

515
00:26:56.079 --> 00:26:59.200
<v Speaker 3>alcohol was that important to him. I just don't see

516
00:26:59.279 --> 00:27:02.000
<v Speaker 3>him being able to be one the person who presents

517
00:27:02.079 --> 00:27:05.319
<v Speaker 3>as a safe driver and someone who is able to

518
00:27:05.359 --> 00:27:08.720
<v Speaker 3>concoct these stories and go hundreds of miles casting these checks.

519
00:27:08.759 --> 00:27:11.839
<v Speaker 3>It doesn't make sense. I would more likely, as a

520
00:27:11.880 --> 00:27:15.119
<v Speaker 3>police believe that someone who's struggling with addiction like this

521
00:27:15.799 --> 00:27:19.599
<v Speaker 3>would tell a fabricated story how at the moon and

522
00:27:19.640 --> 00:27:22.559
<v Speaker 3>be in some drunken stupor where he's reiterating some news

523
00:27:22.559 --> 00:27:26.000
<v Speaker 3>story he saw in the newspaper or on the news.

524
00:27:26.200 --> 00:27:30.079
<v Speaker 3>So it's perplexing to me that her telling this story

525
00:27:30.359 --> 00:27:32.720
<v Speaker 3>and not even being able to corroborate it on these

526
00:27:32.839 --> 00:27:35.680
<v Speaker 3>recordings that he has with Madonna, they went forward and

527
00:27:35.759 --> 00:27:39.200
<v Speaker 3>charged him anyway. It doesn't make sense. There's no evidence

528
00:27:39.240 --> 00:27:42.440
<v Speaker 3>to match it, and it actually goes against what we

529
00:27:42.519 --> 00:27:45.599
<v Speaker 3>think we know about this individual who was so calm

530
00:27:45.599 --> 00:27:48.720
<v Speaker 3>and collected, so well put together. It is not someone

531
00:27:48.759 --> 00:27:50.319
<v Speaker 3>who's struggling with alcohol addiction.

532
00:27:51.000 --> 00:27:54.400
<v Speaker 2>There's an incongruity there, for sure. If it was a

533
00:27:54.400 --> 00:27:56.240
<v Speaker 2>crime that she was talking about and it was like

534
00:27:56.279 --> 00:27:59.200
<v Speaker 2>a smash and grab or a home invasion or something

535
00:27:59.240 --> 00:28:02.079
<v Speaker 2>that would involve just him quickly getting money to feed

536
00:28:02.160 --> 00:28:05.599
<v Speaker 2>that addiction, then that would make sense. But this seems

537
00:28:05.599 --> 00:28:07.759
<v Speaker 2>to be like well thought out and like you said,

538
00:28:07.759 --> 00:28:09.880
<v Speaker 2>he didn't have access to a vehicle, or he didn't

539
00:28:09.880 --> 00:28:12.559
<v Speaker 2>own a vehicle. It just doesn't seem to be in

540
00:28:12.599 --> 00:28:16.880
<v Speaker 2>line with the person that's described. Andy's trial would take

541
00:28:16.920 --> 00:28:20.160
<v Speaker 2>place at British Columbia Supreme Court in Prince George in

542
00:28:20.160 --> 00:28:23.359
<v Speaker 2>March of nineteen ninety one, and his defense team would

543
00:28:23.359 --> 00:28:27.279
<v Speaker 2>attempt to poke holes in the Crown's case against him. Obviously,

544
00:28:27.319 --> 00:28:29.759
<v Speaker 2>one of the biggest issues was that, in the days

545
00:28:29.759 --> 00:28:33.720
<v Speaker 2>following the murders, Andrea's travelers checks were used at various

546
00:28:33.759 --> 00:28:38.240
<v Speaker 2>gas stations located hundreds of kilometers south of chetwind The

547
00:28:38.279 --> 00:28:41.359
<v Speaker 2>composite sketches of the man seen using the travelers checks

548
00:28:41.680 --> 00:28:44.519
<v Speaker 2>did not have much of a resemblance to Andy, and

549
00:28:44.640 --> 00:28:47.759
<v Speaker 2>employment record showed that he'd worked an eight hour shift

550
00:28:47.799 --> 00:28:50.920
<v Speaker 2>at the sod farm in chetwind every single day between

551
00:28:50.960 --> 00:28:55.000
<v Speaker 2>October third and October sixteenth, nineteen eighty three. And like

552
00:28:55.039 --> 00:28:57.960
<v Speaker 2>we just mentioned, Andy did not even own a vehicle

553
00:28:58.039 --> 00:29:00.880
<v Speaker 2>during that time period, so how would he have even

554
00:29:01.000 --> 00:29:04.119
<v Speaker 2>driven to all of those gas stations. There was also

555
00:29:04.240 --> 00:29:07.599
<v Speaker 2>no physical evidence linking Andy to the murders, and even

556
00:29:07.599 --> 00:29:09.799
<v Speaker 2>though he did wear size thirty four Janes back in

557
00:29:09.880 --> 00:29:13.240
<v Speaker 2>nineteen eighty three, there was nothing to conclusively prove that

558
00:29:13.279 --> 00:29:16.240
<v Speaker 2>the blood stain thirty four genes found in the trash

559
00:29:16.319 --> 00:29:19.680
<v Speaker 2>bin near the murder scene actually belonged to him. While

560
00:29:19.720 --> 00:29:22.839
<v Speaker 2>Madonna had described Andy as wearing blood stained jeans while

561
00:29:22.839 --> 00:29:26.160
<v Speaker 2>confessing to the murders outside her trailer, the trash bin

562
00:29:26.279 --> 00:29:29.640
<v Speaker 2>was located only about one kilometer south of the crime scene,

563
00:29:29.839 --> 00:29:32.279
<v Speaker 2>so there was some question about why Andy would have

564
00:29:32.279 --> 00:29:35.960
<v Speaker 2>traveled over thirty kilometers to Chetwynd while wearing the bloody

565
00:29:36.039 --> 00:29:39.400
<v Speaker 2>jeans and then make another thirty kilometer trip back to

566
00:29:39.440 --> 00:29:42.480
<v Speaker 2>that particular trash bin in order to get rid of them.

567
00:29:42.799 --> 00:29:45.960
<v Speaker 2>Another potential hole in Madonna's story was her description of

568
00:29:46.000 --> 00:29:48.920
<v Speaker 2>Andy howling like a werewolf at the full moon. His

569
00:29:49.039 --> 00:29:51.799
<v Speaker 2>records showed that there was actually a crescent moon in

570
00:29:51.799 --> 00:29:55.400
<v Speaker 2>the night sky during early October of nineteen eighty three,

571
00:29:55.720 --> 00:29:58.559
<v Speaker 2>and the full moon did not appear until two weeks

572
00:29:58.640 --> 00:30:02.720
<v Speaker 2>after the murders. Regardless, even though Andy took the witness

573
00:30:02.720 --> 00:30:05.960
<v Speaker 2>stand to testify in his own defense, the jury still

574
00:30:06.000 --> 00:30:10.079
<v Speaker 2>found Madonna's testimony to be more credible. On March eighth,

575
00:30:10.079 --> 00:30:12.880
<v Speaker 2>they wound up finding Andy guilty on two counts of

576
00:30:12.920 --> 00:30:16.000
<v Speaker 2>second degree murder, and he received a sentence of life

577
00:30:16.039 --> 00:30:19.920
<v Speaker 2>imprisonment with no possibility of parole for fifteen years.

578
00:30:21.440 --> 00:30:23.519
<v Speaker 3>Well, let's go to the pants real quick. When you

579
00:30:23.559 --> 00:30:27.599
<v Speaker 3>look at Min's jeans, thirty two thirty fours, though that

580
00:30:27.759 --> 00:30:30.960
<v Speaker 3>waste size is the most common waist size rebel wears

581
00:30:30.960 --> 00:30:33.799
<v Speaker 3>of thirty four. So I mean, when you look at

582
00:30:33.960 --> 00:30:38.640
<v Speaker 3>these thirty fours were found on evidence that could have

583
00:30:38.640 --> 00:30:42.000
<v Speaker 3>been a million people's pair of jeans. So unless you

584
00:30:42.039 --> 00:30:44.759
<v Speaker 3>had said, hey, it had you know, some card that

585
00:30:44.799 --> 00:30:46.920
<v Speaker 3>linked it back to him. There was a wallet found

586
00:30:46.920 --> 00:30:50.319
<v Speaker 3>in it, there was initials, you know, sewn into the

587
00:30:50.359 --> 00:30:53.640
<v Speaker 3>waistband or something that didn't happen. It's just a size

588
00:30:53.680 --> 00:30:55.799
<v Speaker 3>thirty four pair of jeans, and he says he didn't

589
00:30:55.799 --> 00:30:59.200
<v Speaker 3>even he did wear that size, but he didn't even

590
00:30:59.240 --> 00:31:01.480
<v Speaker 3>have a car to be in that location in the

591
00:31:01.519 --> 00:31:04.640
<v Speaker 3>first place. So when you think about him being put

592
00:31:04.720 --> 00:31:08.000
<v Speaker 3>up on the stand and in Madonna, clearly Madonna seems

593
00:31:08.000 --> 00:31:11.440
<v Speaker 3>to be stable when she's presenting, You've got to remember

594
00:31:11.440 --> 00:31:13.359
<v Speaker 3>this is a man who's had mental health issues with

595
00:31:13.400 --> 00:31:16.799
<v Speaker 3>addiction and those sorts. He's been a drifter. He clearly

596
00:31:16.799 --> 00:31:21.240
<v Speaker 3>has had a really difficult life. I wonder how intelligent

597
00:31:21.319 --> 00:31:25.960
<v Speaker 3>he comes off to the jury versus how Madonna comes off, because, genuinely,

598
00:31:26.039 --> 00:31:28.880
<v Speaker 3>whether the facts are congruent or not, when you have

599
00:31:28.920 --> 00:31:31.720
<v Speaker 3>two different personalities up on the stand, someone who seems

600
00:31:31.799 --> 00:31:36.000
<v Speaker 3>articulate and stable and grounded, even if they're not saying

601
00:31:36.079 --> 00:31:39.079
<v Speaker 3>facts that make sense, they're going to be believed over

602
00:31:39.119 --> 00:31:43.440
<v Speaker 3>someone who's sputtering off these truths but don't seem to

603
00:31:43.480 --> 00:31:46.039
<v Speaker 3>be a very reliable human being just in general. So

604
00:31:46.119 --> 00:31:48.160
<v Speaker 3>I think he was set up to fail by testifying

605
00:31:48.160 --> 00:31:48.880
<v Speaker 3>in the first place.

606
00:31:49.799 --> 00:31:52.559
<v Speaker 1>I mean, I know Andy had some previous mental health

607
00:31:52.599 --> 00:31:54.960
<v Speaker 1>and alcohol issues back in the early eighties, but he

608
00:31:55.000 --> 00:31:56.880
<v Speaker 1>seemed to be in a good place by the time

609
00:31:56.920 --> 00:31:59.440
<v Speaker 1>he was arrested, so I'm not entirely sure he came

610
00:31:59.480 --> 00:32:02.559
<v Speaker 1>across that badly on the witness stand. But I haven't

611
00:32:02.559 --> 00:32:04.559
<v Speaker 1>seen footage of the original trial, but I would be

612
00:32:04.640 --> 00:32:07.279
<v Speaker 1>curious to see Madonna's testimony because all I can think

613
00:32:07.440 --> 00:32:09.880
<v Speaker 1>was it must have been pretty damn convincing, because there

614
00:32:09.880 --> 00:32:12.599
<v Speaker 1>are just so many holes in the prosecution's case, But

615
00:32:13.119 --> 00:32:16.480
<v Speaker 1>on Madonna's testimony alone, the jury just seemed to think

616
00:32:16.559 --> 00:32:19.279
<v Speaker 1>that proved Andy's guilt beyond a reasonable doubt, and that's

617
00:32:19.279 --> 00:32:22.119
<v Speaker 1>why they decided to find him guilty. But I guess

618
00:32:22.119 --> 00:32:25.119
<v Speaker 1>we just got to put ourselves in the shoes of

619
00:32:25.160 --> 00:32:28.039
<v Speaker 1>a potential juror back in nineteen ninety one, when issues

620
00:32:28.039 --> 00:32:31.839
<v Speaker 1>with wrongful convictions were just not general knowledge with the public,

621
00:32:31.920 --> 00:32:34.039
<v Speaker 1>So they probably just had the mindset, well, why would

622
00:32:34.079 --> 00:32:36.319
<v Speaker 1>this witness get on the stand and lie about this story.

623
00:32:36.400 --> 00:32:39.440
<v Speaker 1>She must be telling the truth. Therefore, Andy is guilty.

624
00:32:41.119 --> 00:32:44.559
<v Speaker 3>Question for you guys, when you look at America's justice system,

625
00:32:44.720 --> 00:32:48.079
<v Speaker 3>it's you know, you're innocent until proven guilty beyond a

626
00:32:48.079 --> 00:32:50.200
<v Speaker 3>reasonable doubt. You need to be ninety nine point nine

627
00:32:50.279 --> 00:32:52.680
<v Speaker 3>nine nine percent sure that this is the true account.

628
00:32:53.279 --> 00:32:56.720
<v Speaker 1>All of that's the same in Canada pretty much. Yeah,

629
00:32:56.759 --> 00:32:59.119
<v Speaker 1>Like they still have the same mindset that you should

630
00:32:59.160 --> 00:33:01.480
<v Speaker 1>not find someone guilty unless you feel that they have

631
00:33:01.559 --> 00:33:03.960
<v Speaker 1>proven their case beyond a reasonable doubt. I mean, there

632
00:33:03.960 --> 00:33:07.880
<v Speaker 1>are some differences between the Canadian and American justice systems,

633
00:33:08.160 --> 00:33:10.720
<v Speaker 1>but the basic essentials of a trial are pretty much

634
00:33:10.759 --> 00:33:11.359
<v Speaker 1>the same.

635
00:33:11.799 --> 00:33:14.759
<v Speaker 3>Okay, so he would have had many rights himself as well.

636
00:33:16.599 --> 00:33:19.799
<v Speaker 1>Andy was sent to the Matsque Institution in Abbotsford, but

637
00:33:19.880 --> 00:33:23.599
<v Speaker 1>his defense team immediately appealed his conviction. Just under two

638
00:33:23.640 --> 00:33:27.079
<v Speaker 1>years later, on November twelfth, nineteen ninety two, the British

639
00:33:27.119 --> 00:33:29.960
<v Speaker 1>Columbia Court of Appeal ruled that Andy was entitled to

640
00:33:30.000 --> 00:33:32.720
<v Speaker 1>a new trial as they believe that the original trial

641
00:33:32.839 --> 00:33:35.920
<v Speaker 1>judge had given inadequate instructions to the jury about the

642
00:33:35.920 --> 00:33:39.559
<v Speaker 1>burden of proof and reasonable doubt. During the ruling, the

643
00:33:39.599 --> 00:33:43.240
<v Speaker 1>three justices wrote, quote, experience tells us that while very

644
00:33:43.240 --> 00:33:47.319
<v Speaker 1>few innocent persons are convicted, it does happen end quote.

645
00:33:47.400 --> 00:33:50.319
<v Speaker 1>Andy would return to British Columbia Supreme Court in Prince

646
00:33:50.359 --> 00:33:53.319
<v Speaker 1>George for his second trial in April of nineteen ninety four,

647
00:33:53.839 --> 00:33:56.559
<v Speaker 1>and once again the only real evidence against him was

648
00:33:56.599 --> 00:33:59.880
<v Speaker 1>the testimony of Adonna Kelly, who continued to maintain that

649
00:34:00.039 --> 00:34:03.119
<v Speaker 1>Andy had confessed to her about his involvement in the murders.

650
00:34:03.599 --> 00:34:05.759
<v Speaker 1>But even though the defense attempted to poke hole as

651
00:34:05.759 --> 00:34:08.599
<v Speaker 1>a Madonna's story, the jury still seemed to think that

652
00:34:08.679 --> 00:34:12.199
<v Speaker 1>she was a believable eyewitness. So on April the twenty sixth,

653
00:34:12.280 --> 00:34:14.840
<v Speaker 1>Andy was found guilty on two counts of second degree

654
00:34:14.960 --> 00:34:18.760
<v Speaker 1>murder for the second time. When sensing took place, Andy

655
00:34:18.800 --> 00:34:21.719
<v Speaker 1>told the court quote, I didn't kill those people. I

656
00:34:21.719 --> 00:34:23.679
<v Speaker 1>don't know what else I can say. There is no

657
00:34:23.760 --> 00:34:27.320
<v Speaker 1>evidence I didn't kill them end quote. He received the

658
00:34:27.360 --> 00:34:30.599
<v Speaker 1>same sentence of life imprisonment with no possibility parole for

659
00:34:30.599 --> 00:34:33.599
<v Speaker 1>fifteen years, and was subsequently sent back to prison.

660
00:34:34.760 --> 00:34:37.440
<v Speaker 3>I don't get it. In nineteen ninety one, and in

661
00:34:37.519 --> 00:34:40.760
<v Speaker 3>nineteen ninety four, we definitely didn't have the technology we

662
00:34:40.800 --> 00:34:44.679
<v Speaker 3>have with DNA. Remember Andrea had had blood evidence underneath

663
00:34:44.679 --> 00:34:49.079
<v Speaker 3>her fingernails. Supposedly he was scratched. If we had that technology,

664
00:34:49.119 --> 00:34:51.760
<v Speaker 3>we could go back and say, hey, look had this happened.

665
00:34:52.039 --> 00:34:55.320
<v Speaker 3>But at the time, Andy saying I don't know what

666
00:34:55.360 --> 00:34:58.920
<v Speaker 3>else to do. How do you truly prove your innocent?

667
00:34:59.440 --> 00:35:01.960
<v Speaker 3>Your job is to prove that I'm guilty, you didn't

668
00:35:02.000 --> 00:35:04.639
<v Speaker 3>do that, and it's almost impossible. I've told you I

669
00:35:04.679 --> 00:35:06.920
<v Speaker 3>didn't have a car, I didn't have any money at

670
00:35:06.920 --> 00:35:09.719
<v Speaker 3>the time. I sure wasn't driving hundreds of miles. I

671
00:35:09.800 --> 00:35:13.440
<v Speaker 3>didn't say that I wasn't at Madonna's house confessing to

672
00:35:13.519 --> 00:35:16.199
<v Speaker 3>that I was in a bar fight, which it would

673
00:35:16.239 --> 00:35:19.400
<v Speaker 3>explain scratches and blood on me. But I don't know

674
00:35:19.440 --> 00:35:22.639
<v Speaker 3>how else to prove I'm innocent. I've thought about that

675
00:35:22.719 --> 00:35:26.079
<v Speaker 3>a lot before. If I had to prove my innocence,

676
00:35:26.639 --> 00:35:29.000
<v Speaker 3>you know, you can prove I have receipts for this,

677
00:35:29.239 --> 00:35:31.719
<v Speaker 3>I was here, But there's a lot of ways that

678
00:35:31.800 --> 00:35:33.599
<v Speaker 3>people look the other way and say, like, I just

679
00:35:33.599 --> 00:35:37.280
<v Speaker 3>don't buy it. I believe you're guilty. So it's very difficult.

680
00:35:37.320 --> 00:35:40.280
<v Speaker 3>Andy found himself in an almost impossible situation of saying,

681
00:35:40.639 --> 00:35:42.840
<v Speaker 3>prove that I did it. You didn't prove it, and

682
00:35:42.920 --> 00:35:45.119
<v Speaker 3>yet the jury said, yes, they did.

683
00:35:46.559 --> 00:35:48.960
<v Speaker 1>Andy was just unlucky because, as we're going to talk about,

684
00:35:49.039 --> 00:35:51.559
<v Speaker 1>DNA testing does become a part of this case within

685
00:35:51.599 --> 00:35:54.079
<v Speaker 1>the next few years. So I think that if Andy's

686
00:35:54.079 --> 00:35:57.000
<v Speaker 1>trial had taken place just a couple years afterwards, he

687
00:35:57.039 --> 00:35:59.119
<v Speaker 1>probably wouldn't have been convicted because they would have been

688
00:35:59.119 --> 00:36:02.079
<v Speaker 1>able to use DNA evidence to pretty much prove beyond

689
00:36:02.079 --> 00:36:03.639
<v Speaker 1>a shadow of a doubt to a jury that he

690
00:36:03.639 --> 00:36:04.960
<v Speaker 1>could not have committed this crime.

691
00:36:06.039 --> 00:36:09.639
<v Speaker 2>I'm curious, Robin, do you know in Canada if we

692
00:36:09.800 --> 00:36:13.000
<v Speaker 2>have with the equivalent of in America's a bench trial.

693
00:36:14.679 --> 00:36:16.400
<v Speaker 1>Let me just look that up. I seem to recall

694
00:36:16.519 --> 00:36:19.360
<v Speaker 1>some examples of this happening in Canada, but I just

695
00:36:19.400 --> 00:36:20.840
<v Speaker 1>want to double shu murder trial.

696
00:36:21.039 --> 00:36:23.199
<v Speaker 2>Make sure you look in the Yeah, because it would

697
00:36:23.239 --> 00:36:27.440
<v Speaker 2>be advantageous. I would think for Andy's defense to say, like,

698
00:36:27.519 --> 00:36:29.960
<v Speaker 2>let's do a bench trial because the evidence was so weak.

699
00:36:31.199 --> 00:36:36.000
<v Speaker 1>Yes, they do, because let me just look this up here. Yes,

700
00:36:36.119 --> 00:36:39.719
<v Speaker 1>you've heard of the Richard Olin murder from New Brunswick

701
00:36:40.000 --> 00:36:43.159
<v Speaker 1>that took place in twenty eleven. Yes, yes, where his

702
00:36:43.239 --> 00:36:45.039
<v Speaker 1>son went on trial for murder. And I do know

703
00:36:45.079 --> 00:36:47.480
<v Speaker 1>that his conviction was overturned and he got a retrial,

704
00:36:47.519 --> 00:36:49.800
<v Speaker 1>and I think they did ask for a bench trial,

705
00:36:49.880 --> 00:36:51.920
<v Speaker 1>and the judge pretty much ruled that I don't believe

706
00:36:51.960 --> 00:36:54.280
<v Speaker 1>the evidence is strong enough to prove his guilty on

707
00:36:54.360 --> 00:36:57.199
<v Speaker 1>a reasonable doubt and found him not guilty. So yeah,

708
00:36:57.239 --> 00:37:01.800
<v Speaker 1>those do exist and are definitely better if the prosecution

709
00:37:01.920 --> 00:37:04.239
<v Speaker 1>is presenting a weak case, because most of the time

710
00:37:04.360 --> 00:37:08.239
<v Speaker 1>the judges will act objective and say that I don't

711
00:37:08.360 --> 00:37:10.639
<v Speaker 1>I'm not going to decide if you're guilty or innocence,

712
00:37:10.639 --> 00:37:12.400
<v Speaker 1>but if I don't think the evidence is strong enough,

713
00:37:12.400 --> 00:37:13.360
<v Speaker 1>I will acquit you.

714
00:37:13.880 --> 00:37:16.199
<v Speaker 2>Because I think the judge is more likely to actually

715
00:37:16.239 --> 00:37:20.280
<v Speaker 2>weigh the evidence in the case, whereas I think the

716
00:37:20.480 --> 00:37:23.360
<v Speaker 2>jury is more likely to be swayed by who's telling

717
00:37:23.400 --> 00:37:25.519
<v Speaker 2>the best story or what is the best narrative.

718
00:37:26.280 --> 00:37:28.159
<v Speaker 1>Yeah, and I think that's probably what happened in these

719
00:37:28.159 --> 00:37:28.840
<v Speaker 1>two trials.

720
00:37:31.079 --> 00:37:34.679
<v Speaker 2>So Andy's defense team appealed his conviction, alleging that the

721
00:37:34.719 --> 00:37:38.000
<v Speaker 2>trial judge had once again misdirected the jury and there

722
00:37:38.000 --> 00:37:42.840
<v Speaker 2>were too many inconsistencies in Madonna's testimony. On February fourteenth,

723
00:37:43.000 --> 00:37:46.280
<v Speaker 2>nineteen ninety six, the BC Court of Appeals announced that

724
00:37:46.320 --> 00:37:49.599
<v Speaker 2>they had originally been planning to dismiss the appeal, but

725
00:37:49.639 --> 00:37:52.880
<v Speaker 2>we're now going to reserve judgment until new forensic testing

726
00:37:52.880 --> 00:37:57.480
<v Speaker 2>could take place. Well, DNA profiling and criminal investigations was

727
00:37:57.519 --> 00:38:00.480
<v Speaker 2>still a relatively new thing. When Andy was for charged

728
00:38:00.480 --> 00:38:03.599
<v Speaker 2>with the murders in nineteen eighty nine, the defense was

729
00:38:03.639 --> 00:38:06.800
<v Speaker 2>hoping to perform DNA testing on the blood stained genes,

730
00:38:07.199 --> 00:38:10.400
<v Speaker 2>as well as Andrea's fingernail clippings, which had traces of

731
00:38:10.400 --> 00:38:13.440
<v Speaker 2>blood on them. The Court of Appeal ordered the Crown

732
00:38:13.519 --> 00:38:17.159
<v Speaker 2>to release these exhibits for testing, and Andy even agreed

733
00:38:17.159 --> 00:38:19.880
<v Speaker 2>to provide the RCMP with a blood sample so as

734
00:38:20.000 --> 00:38:23.119
<v Speaker 2>DNA could be compared with the evidence. The results would

735
00:38:23.199 --> 00:38:26.400
<v Speaker 2>later show no trace of Andy's DNA on the genes

736
00:38:26.599 --> 00:38:29.519
<v Speaker 2>or the fingernail clippings, though it was determined that the

737
00:38:29.519 --> 00:38:32.840
<v Speaker 2>blood under Andrea's nails was likely her own and may

738
00:38:32.920 --> 00:38:35.119
<v Speaker 2>not have been the result of her scratching her killer.

739
00:38:36.599 --> 00:38:41.559
<v Speaker 3>This is really fascinating. So even though he agrees, Andy

740
00:38:41.599 --> 00:38:44.400
<v Speaker 3>agrees to go ahead and give this blood sample, we

741
00:38:44.480 --> 00:38:48.400
<v Speaker 3>find out that Andy's DNA's nowhere. It's not anywhere that

742
00:38:48.480 --> 00:38:52.159
<v Speaker 3>it probably should have been. Remember, Madonna says that he

743
00:38:52.280 --> 00:38:55.000
<v Speaker 3>had these scratches on his face. If Andrea had truly

744
00:38:55.079 --> 00:38:57.400
<v Speaker 3>scratched him with her nails, and you had looked at

745
00:38:57.400 --> 00:39:00.159
<v Speaker 3>that blood and the DNA evidence of skin cells that

746
00:39:00.199 --> 00:39:04.079
<v Speaker 3>were underneath her fingernails, they would have matched the perpetrator.

747
00:39:04.159 --> 00:39:07.760
<v Speaker 3>And I'm assuming they run that evidence through other databases

748
00:39:07.840 --> 00:39:09.519
<v Speaker 3>and they can't find a hit anywhere.

749
00:39:10.000 --> 00:39:12.880
<v Speaker 1>I actually haven't heard that it has been clarified how

750
00:39:12.960 --> 00:39:16.239
<v Speaker 1>thoroughly they have run this DNA to try to test

751
00:39:16.239 --> 00:39:18.280
<v Speaker 1>it and see if it matches any other offenders. But

752
00:39:18.320 --> 00:39:20.239
<v Speaker 1>I do know for certain that they have never attempted

753
00:39:20.280 --> 00:39:23.079
<v Speaker 1>to use genetic genealogy on it, even though that is

754
00:39:23.119 --> 00:39:25.440
<v Speaker 1>probably the best chance they have of figuring out who

755
00:39:25.440 --> 00:39:26.639
<v Speaker 1>this DNA belongs to.

756
00:39:27.639 --> 00:39:30.239
<v Speaker 3>Also that in phenotyping too, being able to run it

757
00:39:30.280 --> 00:39:32.920
<v Speaker 3>through and having it pop up basically an image with

758
00:39:33.039 --> 00:39:36.280
<v Speaker 3>about ninety eight percent certainty of skin color, eye color,

759
00:39:37.199 --> 00:39:40.039
<v Speaker 3>you know, freckles are not dissent, all of those things.

760
00:39:40.199 --> 00:39:42.280
<v Speaker 3>It'd be fascinating for them to have a true I

761
00:39:42.320 --> 00:39:45.639
<v Speaker 3>know they have composite sketches, but a true image of

762
00:39:45.639 --> 00:39:47.559
<v Speaker 3>what they think this person would have looked lying.

763
00:39:49.119 --> 00:39:51.679
<v Speaker 1>Well. A surprising new development would occur in September of

764
00:39:51.760 --> 00:39:54.880
<v Speaker 1>nineteen ninety seven when the RCNP was contacted by the

765
00:39:54.920 --> 00:39:58.320
<v Speaker 1>police in pall Up, Washington, who shared information about a

766
00:39:58.320 --> 00:40:03.519
<v Speaker 1>potential alternate suspect, Vance Hill. Hill originally hailed from California,

767
00:40:03.599 --> 00:40:06.480
<v Speaker 1>but moved to Canada in nineteen sixty seven and eventually

768
00:40:06.559 --> 00:40:10.280
<v Speaker 1>settled in Prince George. Vance and his wife, Willadeine Hill,

769
00:40:10.360 --> 00:40:13.320
<v Speaker 1>had three children together while he worked in construction, but

770
00:40:13.400 --> 00:40:17.239
<v Speaker 1>he also struggled with chronic alcoholism. In April of nineteen

771
00:40:17.280 --> 00:40:20.719
<v Speaker 1>eighty three, the Hill separated and Willadeine decided to move

772
00:40:20.760 --> 00:40:23.599
<v Speaker 1>back to California with their children, while Vance remained in

773
00:40:23.639 --> 00:40:26.800
<v Speaker 1>Prince George. On October the twenty first of that year,

774
00:40:27.039 --> 00:40:29.679
<v Speaker 1>three and a half weeks after the murders, Vance was

775
00:40:29.800 --> 00:40:33.519
<v Speaker 1>arrested by the RCMP on two charges of obtaining lodging

776
00:40:33.599 --> 00:40:37.320
<v Speaker 1>by false pretenses. After a brief stint in jail, Vance

777
00:40:37.400 --> 00:40:40.320
<v Speaker 1>decided to leave the country and return to California so

778
00:40:40.360 --> 00:40:42.400
<v Speaker 1>he could move into a new place that was closer

779
00:40:42.440 --> 00:40:45.960
<v Speaker 1>to his family. In January of nineteen eighty four, Vance

780
00:40:46.000 --> 00:40:49.360
<v Speaker 1>supposedly confessed to Willadeine that he was responsible for murdering

781
00:40:49.360 --> 00:40:52.159
<v Speaker 1>a male and female hitchhiker he had met at a

782
00:40:52.199 --> 00:40:55.199
<v Speaker 1>bar in Chetwynd. He claimed that the couple had asked

783
00:40:55.239 --> 00:40:57.159
<v Speaker 1>him for a ride in his pickup truck, but while

784
00:40:57.199 --> 00:41:00.559
<v Speaker 1>they were driving, Vance began to harass the woman when

785
00:41:00.559 --> 00:41:03.800
<v Speaker 1>her male companion began to protest, Vance stopped the truck

786
00:41:03.840 --> 00:41:06.679
<v Speaker 1>and both men climbed out. They proceeded to have a

787
00:41:06.719 --> 00:41:10.320
<v Speaker 1>heated confrontation until Vance reached into his truck, pulled out

788
00:41:10.320 --> 00:41:14.280
<v Speaker 1>a rifle, and fatally shot the man. The woman started screaming,

789
00:41:14.320 --> 00:41:16.800
<v Speaker 1>and when she refused to shut up, Vance shot her

790
00:41:16.840 --> 00:41:20.039
<v Speaker 1>as well, before dumping both victim's bodies by the side

791
00:41:20.039 --> 00:41:23.400
<v Speaker 1>of the road. At the time, Willodeine apparently did not

792
00:41:23.480 --> 00:41:26.159
<v Speaker 1>believe her husband's story and thought it was nothing more

793
00:41:26.199 --> 00:41:30.719
<v Speaker 1>than one of his quote unquote drunken fantasies. But shortly thereafter,

794
00:41:31.000 --> 00:41:34.039
<v Speaker 1>Willodeine found a suicide note that Vance had written inside

795
00:41:34.039 --> 00:41:36.800
<v Speaker 1>her garage, in which he expressed his intention to kill

796
00:41:36.880 --> 00:41:39.760
<v Speaker 1>himself because he didn't want to go to jail. Since

797
00:41:39.840 --> 00:41:42.239
<v Speaker 1>Vance did not actually go through with ending his life,

798
00:41:42.400 --> 00:41:45.639
<v Speaker 1>Willodeine never told him that she found his note. However,

799
00:41:45.800 --> 00:41:48.840
<v Speaker 1>on July the twenty eighth, nineteen eighty five, which happened

800
00:41:48.880 --> 00:41:52.400
<v Speaker 1>to be Vance's fifty seventh birthday, he finally did decide

801
00:41:52.440 --> 00:41:56.320
<v Speaker 1>to kill himself ya a self inflicted gunshot wound. Vance

802
00:41:56.440 --> 00:41:59.519
<v Speaker 1>left behind two more suicide notes, one for his wife

803
00:41:59.559 --> 00:42:02.159
<v Speaker 1>and the other for his landlord, but neither of them

804
00:42:02.199 --> 00:42:05.320
<v Speaker 1>made any mention of the murders. It was not until

805
00:42:05.400 --> 00:42:08.400
<v Speaker 1>nineteen ninety seven when Willadine told her nephew about her

806
00:42:08.480 --> 00:42:12.039
<v Speaker 1>late husband's alleged murder confession, and he decided to share

807
00:42:12.079 --> 00:42:16.119
<v Speaker 1>this information with the Pialla Police Department. Once they contacted

808
00:42:16.159 --> 00:42:18.840
<v Speaker 1>the RCMP about this, will Adeine was brought in to

809
00:42:18.880 --> 00:42:23.199
<v Speaker 1>be formally questioned and she confirmed the story, well.

810
00:42:23.079 --> 00:42:28.599
<v Speaker 3>This one surely seems more probable than what Andy's convicted on. Again,

811
00:42:28.960 --> 00:42:30.920
<v Speaker 3>what a struggle is is that you have someone who

812
00:42:30.960 --> 00:42:33.320
<v Speaker 3>has an alcohol addiction and who clearly has some mental

813
00:42:33.360 --> 00:42:36.679
<v Speaker 3>health issues, as he's been suicidal multiple times, and then

814
00:42:36.760 --> 00:42:39.760
<v Speaker 3>eventually does take his own life. It's really sad when

815
00:42:39.760 --> 00:42:42.440
<v Speaker 3>you think about it. You know, his wife finds this

816
00:42:42.679 --> 00:42:45.760
<v Speaker 3>note that he's going to kill himself and here's why,

817
00:42:45.800 --> 00:42:48.599
<v Speaker 3>and then he doesn't follow through with it, which is

818
00:42:48.639 --> 00:42:50.760
<v Speaker 3>really distressing. So you know that there was this fight

819
00:42:50.840 --> 00:42:52.800
<v Speaker 3>of you know, almost begging him to save his own

820
00:42:52.840 --> 00:42:56.119
<v Speaker 3>life and not hurt himself, and then all of a sudden,

821
00:42:56.679 --> 00:43:00.400
<v Speaker 3>she does complete suicide and will Adein goes to find

822
00:43:00.440 --> 00:43:02.719
<v Speaker 3>these notes and she says, well, it's interesting because these

823
00:43:02.760 --> 00:43:05.840
<v Speaker 3>don't mention that, so is that not why he wanted

824
00:43:05.880 --> 00:43:10.039
<v Speaker 3>to complete suicide the first time, so very confusing grief

825
00:43:10.079 --> 00:43:13.199
<v Speaker 3>wise for her. I can imagine her sitting back and

826
00:43:13.199 --> 00:43:15.880
<v Speaker 3>trying to process, like, what caused this? Why did he

827
00:43:15.960 --> 00:43:18.280
<v Speaker 3>decide to take his own life? He has his kids, Yes,

828
00:43:18.400 --> 00:43:21.440
<v Speaker 3>we weren't working out, but he had his children. What

829
00:43:21.840 --> 00:43:23.920
<v Speaker 3>was it? And talking to her nephew about hey, you

830
00:43:23.920 --> 00:43:26.719
<v Speaker 3>know once he had mentioned in this suicide note that

831
00:43:26.960 --> 00:43:29.719
<v Speaker 3>he had killed this couple. So, you know, I feel

832
00:43:29.760 --> 00:43:31.760
<v Speaker 3>like she's almost just trying to process her grief and

833
00:43:31.800 --> 00:43:34.280
<v Speaker 3>the nephew shares with the police and they bring her in.

834
00:43:34.840 --> 00:43:38.239
<v Speaker 3>It does seem like a story that's again, way more

835
00:43:38.280 --> 00:43:39.800
<v Speaker 3>believable than what Andy's was.

836
00:43:40.880 --> 00:43:43.239
<v Speaker 1>And I can give Willodeine some slack for not coming

837
00:43:43.280 --> 00:43:46.519
<v Speaker 1>forward and telling the police because he never shared any

838
00:43:46.559 --> 00:43:49.199
<v Speaker 1>specific details when he made this so called confession. He

839
00:43:49.280 --> 00:43:52.239
<v Speaker 1>just mentioned murdering a couple, but he didn't give any names.

840
00:43:52.280 --> 00:43:55.000
<v Speaker 1>He never said where the murders took place. And for

841
00:43:55.039 --> 00:43:57.000
<v Speaker 1>all we know, will Adeine, because she was living in

842
00:43:57.039 --> 00:43:59.559
<v Speaker 1>the United States at that time, probably had no idea

843
00:43:59.599 --> 00:44:02.519
<v Speaker 1>that Anne d Rose had gone through two trials for

844
00:44:02.559 --> 00:44:05.000
<v Speaker 1>a crime that her husband may have actually committed. So

845
00:44:05.039 --> 00:44:08.360
<v Speaker 1>she's just casually mentioning this to her nephew years after

846
00:44:08.400 --> 00:44:10.039
<v Speaker 1>the fact, that I think he was the one who

847
00:44:10.039 --> 00:44:12.039
<v Speaker 1>put two and two together and thought, wait a minute,

848
00:44:12.039 --> 00:44:14.840
<v Speaker 1>there's a big case in Canada involving a murdered couple

849
00:44:15.159 --> 00:44:17.320
<v Speaker 1>and an innocent man might be in prison. So that's

850
00:44:17.360 --> 00:44:20.599
<v Speaker 1>why I'm going to contact the police. But yeah, overall,

851
00:44:20.639 --> 00:44:22.079
<v Speaker 1>I mean, I'm not going to say it's one hundred

852
00:44:22.079 --> 00:44:25.639
<v Speaker 1>percent true, but will Adeine's story does seem more believable

853
00:44:25.679 --> 00:44:26.960
<v Speaker 1>than Madonna Kelly's.

854
00:44:27.719 --> 00:44:30.559
<v Speaker 2>On the basis of this new information about vance Hill,

855
00:44:30.920 --> 00:44:35.320
<v Speaker 2>Andy's defense team filed an application to reduce fresh evidence,

856
00:44:35.440 --> 00:44:38.440
<v Speaker 2>and in June of nineteen ninety eight, the BC Court

857
00:44:38.480 --> 00:44:41.400
<v Speaker 2>of Appeal ruled that this was enough grounds to overturn

858
00:44:41.440 --> 00:44:44.599
<v Speaker 2>Andy's conviction for the second time, and he was awarded

859
00:44:44.639 --> 00:44:47.800
<v Speaker 2>a new trial. Andy was subsequently released from prison on

860
00:44:47.880 --> 00:44:50.280
<v Speaker 2>bail and would move in with one of his brothers

861
00:44:50.280 --> 00:44:54.159
<v Speaker 2>in Thompson, Manitoba to await his third trial. But since

862
00:44:54.199 --> 00:44:58.079
<v Speaker 2>the RCMP was concerned about whether the evidence against Andy

863
00:44:58.079 --> 00:45:01.079
<v Speaker 2>would be strong enough to secure another con they felt

864
00:45:01.079 --> 00:45:03.840
<v Speaker 2>they might need to strengthen their case before the trial began,

865
00:45:04.679 --> 00:45:07.400
<v Speaker 2>so in October of that year, they decided to launch

866
00:45:07.400 --> 00:45:10.599
<v Speaker 2>a Mister Big sting operation and if you're not familiar

867
00:45:10.639 --> 00:45:13.519
<v Speaker 2>with a Mister Big technique, we'll be sharing more details

868
00:45:13.519 --> 00:45:15.960
<v Speaker 2>about it in our next episode, and we covered it

869
00:45:16.000 --> 00:45:18.880
<v Speaker 2>a little bit in this one early on, but needless

870
00:45:18.920 --> 00:45:21.280
<v Speaker 2>to say, it's considered to be one of the most

871
00:45:21.320 --> 00:45:25.679
<v Speaker 2>controversial elements of the Canadian justice system. It usually involves

872
00:45:25.760 --> 00:45:29.960
<v Speaker 2>undercover police officers posing as criminals who attempt to befriend

873
00:45:30.079 --> 00:45:33.360
<v Speaker 2>and gain the trust of suspects in cold cases. These

874
00:45:33.400 --> 00:45:35.960
<v Speaker 2>officers give off the impression that they want the suspect

875
00:45:36.039 --> 00:45:39.480
<v Speaker 2>to join their so called criminal organization and get paid

876
00:45:39.519 --> 00:45:42.480
<v Speaker 2>good money to perform jobs for them, but only if

877
00:45:42.519 --> 00:45:46.159
<v Speaker 2>they disclose their full criminal history. Of course, this is

878
00:45:46.199 --> 00:45:48.440
<v Speaker 2>often used as a ruse for the suspect to make

879
00:45:48.480 --> 00:45:50.880
<v Speaker 2>a full confession to the crime that they are believed

880
00:45:50.880 --> 00:45:54.519
<v Speaker 2>to have committed, and if the undercover officers managed to

881
00:45:54.559 --> 00:45:58.079
<v Speaker 2>secretly record or videotape the confession, then this can be

882
00:45:58.119 --> 00:46:00.800
<v Speaker 2>the one final piece of evidence for required for them

883
00:46:00.840 --> 00:46:04.320
<v Speaker 2>to make an arrest. Following his release from prison, one

884
00:46:04.320 --> 00:46:06.920
<v Speaker 2>of the conditions of Andy's bail was that he was

885
00:46:06.920 --> 00:46:10.360
<v Speaker 2>required to sign in at the RCMP headquarters in Thompson,

886
00:46:10.920 --> 00:46:13.239
<v Speaker 2>and while there he was approached by a man calling

887
00:46:13.320 --> 00:46:16.679
<v Speaker 2>himself Fred. Fred claimed that he was an ex convict

888
00:46:16.719 --> 00:46:20.000
<v Speaker 2>and quickly befriended Andy and wound up developing a close

889
00:46:20.079 --> 00:46:23.800
<v Speaker 2>relationship with him. But in actuality, Fred was an undercover

890
00:46:24.000 --> 00:46:27.360
<v Speaker 2>RCMP officer and the whole endeavor was a Mister Big

891
00:46:27.400 --> 00:46:28.159
<v Speaker 2>sting operation.

892
00:46:29.199 --> 00:46:31.360
<v Speaker 3>Let's hear it? How did this meeting with Fred go?

893
00:46:32.519 --> 00:46:35.440
<v Speaker 1>Okay? Well, here are the details. The Mister Big operation

894
00:46:35.480 --> 00:46:38.400
<v Speaker 1>would last over eight months, as Fred made Andy believe

895
00:46:38.440 --> 00:46:40.880
<v Speaker 1>that he was part of a criminal organization which would

896
00:46:40.920 --> 00:46:43.480
<v Speaker 1>pay him substantial amounts of money to assist them with

897
00:46:43.519 --> 00:46:47.920
<v Speaker 1>their illegal activities. On July sixteenth, nineteen ninety nine, Fred

898
00:46:47.920 --> 00:46:50.440
<v Speaker 1>brought Andy to a hotel suite in Winnipeg to meet

899
00:46:50.440 --> 00:46:52.800
<v Speaker 1>a man named Al, who is the alleged head of

900
00:46:52.840 --> 00:46:57.400
<v Speaker 1>this organization aka mister Big. But of course Al was

901
00:46:57.480 --> 00:47:00.320
<v Speaker 1>also an undercover RCMP officer and na and over the

902
00:47:00.360 --> 00:47:03.320
<v Speaker 1>course of two days, all of his conversations with Andy

903
00:47:03.360 --> 00:47:07.079
<v Speaker 1>in the suite were secretly videotaped. Al told Andy that

904
00:47:07.119 --> 00:47:09.599
<v Speaker 1>he was aware of his upcoming murder trial, but warned

905
00:47:09.639 --> 00:47:13.039
<v Speaker 1>him that the police were pressuring Willadeine Hill to recanter story,

906
00:47:13.320 --> 00:47:15.599
<v Speaker 1>which meant there was a major risk Andy might get

907
00:47:15.639 --> 00:47:19.800
<v Speaker 1>convicted again. However, Al assured Andy that his organization had

908
00:47:19.800 --> 00:47:23.239
<v Speaker 1>the influence to alter the evidence against him and guarantee

909
00:47:23.280 --> 00:47:25.320
<v Speaker 1>that he would never even have to go on trial.

910
00:47:26.159 --> 00:47:28.559
<v Speaker 1>But Al said that he could only offer this assistance

911
00:47:28.559 --> 00:47:31.519
<v Speaker 1>if Andy officially became a member of their gang, which

912
00:47:31.559 --> 00:47:33.800
<v Speaker 1>meant he had to come clean and disclose the full

913
00:47:33.880 --> 00:47:37.480
<v Speaker 1>details about the murders he had committed. Even though Al

914
00:47:37.519 --> 00:47:39.679
<v Speaker 1>told Andy that he did not care if he actually

915
00:47:39.679 --> 00:47:42.280
<v Speaker 1>committed the crime and would fix the situation for him,

916
00:47:42.599 --> 00:47:47.000
<v Speaker 1>Andy continued to maintain his innocence. During their meetings, Andy

917
00:47:47.079 --> 00:47:49.320
<v Speaker 1>was told no less than twenty four times that he

918
00:47:49.400 --> 00:47:51.760
<v Speaker 1>did not confess to the murders, he would go back

919
00:47:51.800 --> 00:47:54.840
<v Speaker 1>to jail, but he still refused to admit any culpability.

920
00:47:55.280 --> 00:47:59.599
<v Speaker 1>Given Andy's past struggles with alcoholism, the undercover officers decided

921
00:47:59.639 --> 00:48:02.280
<v Speaker 1>to take a bane of the situation by bringing him

922
00:48:02.280 --> 00:48:05.159
<v Speaker 1>to the hotel bar to drink beer for around two hours.

923
00:48:05.840 --> 00:48:09.559
<v Speaker 1>When they returned to the suite, Andy finally stated quote, well,

924
00:48:09.599 --> 00:48:12.440
<v Speaker 1>we'll go with I did it okay. He then made

925
00:48:12.480 --> 00:48:15.079
<v Speaker 1>a full confession to the murders, unaware that the whole

926
00:48:15.119 --> 00:48:19.159
<v Speaker 1>thing was being videotaped. Needless to say, Andie's defense team

927
00:48:19.159 --> 00:48:21.480
<v Speaker 1>were a gas when they learned about what happened. But

928
00:48:21.559 --> 00:48:23.880
<v Speaker 1>he maintained that his confession was false and he had

929
00:48:23.920 --> 00:48:26.400
<v Speaker 1>been coerced, as he claimed that he only told the

930
00:48:26.440 --> 00:48:30.239
<v Speaker 1>officers what they wanted to hear. Indeed, even though Andy

931
00:48:30.280 --> 00:48:32.719
<v Speaker 1>admitted to the crime during the recordings, he did not

932
00:48:32.840 --> 00:48:36.800
<v Speaker 1>reveal any exclusive details which were not already public knowledge.

933
00:48:37.280 --> 00:48:40.239
<v Speaker 1>For instance, when asked about how he obtained the firearm

934
00:48:40.320 --> 00:48:42.599
<v Speaker 1>used to commit the murders, and he never went into

935
00:48:42.599 --> 00:48:45.920
<v Speaker 1>any specifics and simply said, quote, oh, I had it,

936
00:48:46.039 --> 00:48:46.559
<v Speaker 1>I had it.

937
00:48:47.599 --> 00:48:50.480
<v Speaker 3>Oh that's dirty. I think when you get somebody under

938
00:48:50.519 --> 00:48:53.559
<v Speaker 3>the influence and you start to plan to something that

939
00:48:53.599 --> 00:48:56.880
<v Speaker 3>they've struggled with, Like you said, it's controversial to say

940
00:48:56.880 --> 00:48:59.360
<v Speaker 3>the least. But you know, he had maintained his innocence

941
00:49:00.079 --> 00:49:03.480
<v Speaker 3>multiple times, twenty four times. He's being told you're going

942
00:49:03.519 --> 00:49:05.960
<v Speaker 3>to go back to prison, you know that, right, and

943
00:49:06.000 --> 00:49:07.840
<v Speaker 3>he's saying, yeah, but I didn't do it. Yeah, but

944
00:49:07.880 --> 00:49:10.039
<v Speaker 3>I didn't do it. And this is to a group

945
00:49:10.079 --> 00:49:14.920
<v Speaker 3>who's promising him thinks he's never had financial security protection

946
00:49:15.000 --> 00:49:17.800
<v Speaker 3>in the legal system, which clearly he hasn't had and

947
00:49:17.880 --> 00:49:20.599
<v Speaker 3>so it's really troubling when you think of this idea

948
00:49:20.599 --> 00:49:23.320
<v Speaker 3>that they say, Okay, we're not getting the information we want,

949
00:49:23.800 --> 00:49:26.679
<v Speaker 3>so let's actually get him intoxicated. Let's play into an

950
00:49:26.679 --> 00:49:29.679
<v Speaker 3>addiction he has. And I wonder if he was actively

951
00:49:29.719 --> 00:49:32.159
<v Speaker 3>an addict at the time, which is really stressful to

952
00:49:32.159 --> 00:49:35.039
<v Speaker 3>think about too. But then he starts just unloading this

953
00:49:35.199 --> 00:49:38.559
<v Speaker 3>very generic explanation for what he did, Like he can't

954
00:49:38.599 --> 00:49:41.320
<v Speaker 3>even name how he got the gun. Remember he said

955
00:49:41.320 --> 00:49:43.119
<v Speaker 3>he didn't own that, he didn't own a gun, he

956
00:49:43.119 --> 00:49:45.920
<v Speaker 3>didn't own a truck, any of those things. And so

957
00:49:46.039 --> 00:49:47.719
<v Speaker 3>here he's just going like, oh, yeah, I had I

958
00:49:47.800 --> 00:49:50.679
<v Speaker 3>had it. Man, he's so drunk, who knows what he's saying.

959
00:49:50.719 --> 00:49:54.679
<v Speaker 3>He's simply basically telling them a very watered down story

960
00:49:54.760 --> 00:49:56.960
<v Speaker 3>so that he can check the boxes off and get

961
00:49:56.960 --> 00:50:00.639
<v Speaker 3>what they're what's being promised to him. Worse than the

962
00:50:00.679 --> 00:50:05.320
<v Speaker 3>read techniques in the United States, you think it can

963
00:50:05.360 --> 00:50:09.079
<v Speaker 3>elicit a false confession. That's basically the only thing that

964
00:50:09.119 --> 00:50:11.400
<v Speaker 3>I see coming out of this is that people are

965
00:50:11.480 --> 00:50:15.679
<v Speaker 3>using a criminal enterprise and people's weaknesses and addictions to

966
00:50:15.800 --> 00:50:18.239
<v Speaker 3>manipulate them mentally. That's pretty bad.

967
00:50:19.320 --> 00:50:22.119
<v Speaker 1>I will acknowledge that there are some documented cases where

968
00:50:22.159 --> 00:50:25.280
<v Speaker 1>the Mister Big technique did work successfully and help put

969
00:50:25.320 --> 00:50:28.280
<v Speaker 1>guilty people away because some of them were stupid enough

970
00:50:28.320 --> 00:50:30.519
<v Speaker 1>to make a confession to a crime they did commit.

971
00:50:30.880 --> 00:50:33.000
<v Speaker 1>But there are also other cases, just like this one,

972
00:50:33.039 --> 00:50:36.119
<v Speaker 1>where it just seemed obvious that the subject was just

973
00:50:36.199 --> 00:50:38.440
<v Speaker 1>saying what people wanted to hear and that they were

974
00:50:38.519 --> 00:50:42.280
<v Speaker 1>being manipulated. And they always seem like the Reek of Desperation,

975
00:50:42.440 --> 00:50:45.039
<v Speaker 1>where the police are pretty much at their last resort

976
00:50:45.079 --> 00:50:47.280
<v Speaker 1>and are thinking, well, we can't find any other evidence

977
00:50:47.280 --> 00:50:49.559
<v Speaker 1>against this person, so we're going to do this elaborate

978
00:50:49.559 --> 00:50:51.920
<v Speaker 1>sting operation and just hope we get the making a

979
00:50:51.960 --> 00:50:55.559
<v Speaker 1>confession on tape. But of course the circumstances of how

980
00:50:55.559 --> 00:50:57.960
<v Speaker 1>they do it are pretty problematic, and I think that

981
00:50:58.039 --> 00:51:01.400
<v Speaker 1>Andy Rose's case is when of the very worst examples.

982
00:51:02.559 --> 00:51:04.440
<v Speaker 1>So I think that about brings an end to Part one,

983
00:51:04.639 --> 00:51:07.079
<v Speaker 1>and on our next episode will reveal how the Mister

984
00:51:07.119 --> 00:51:09.679
<v Speaker 1>Big technique affected Ay's case when he went on trial

985
00:51:09.719 --> 00:51:12.280
<v Speaker 1>for the third time. So join us next week as

986
00:51:12.280 --> 00:51:14.519
<v Speaker 1>we present part two of our series on the murders

987
00:51:14.519 --> 00:51:16.679
<v Speaker 1>of Burnt Gerrika and Andrea Shirt.

988
00:51:18.039 --> 00:51:19.519
<v Speaker 2>Robin do you want to tell us a little bit

989
00:51:19.519 --> 00:51:21.000
<v Speaker 2>about the Trail Went Cold Patreon?

990
00:51:21.760 --> 00:51:24.119
<v Speaker 1>Yes, The Trail Cold Patreon has been around for three

991
00:51:24.199 --> 00:51:27.920
<v Speaker 1>years now, and we offer these standard bonus features like

992
00:51:28.000 --> 00:51:31.400
<v Speaker 1>early ad free episodes, and I also send out stickers

993
00:51:31.440 --> 00:51:34.280
<v Speaker 1>and sign thank you cards to anyone who signs up

994
00:51:34.280 --> 00:51:36.840
<v Speaker 1>with us on Patreon if you join our five dollars

995
00:51:36.920 --> 00:51:41.000
<v Speaker 1>tier Tier two. We also offer monthly bonus episodes in

996
00:51:41.039 --> 00:51:44.159
<v Speaker 1>which I talk about cases which are not featured on

997
00:51:44.199 --> 00:51:47.000
<v Speaker 1>the Trail Went Cold's original feed, so they're exclusive to

998
00:51:47.039 --> 00:51:50.159
<v Speaker 1>Patreon and if you join our highest tier tier free

999
00:51:50.239 --> 00:51:53.000
<v Speaker 1>the ten dollars tier. One of the features we offer

1000
00:51:53.239 --> 00:51:57.679
<v Speaker 1>is a audio commentary track over classic episodes of UNSAWD Mysteries,

1001
00:51:57.920 --> 00:52:00.880
<v Speaker 1>where you can download an audio file and then boot

1002
00:52:00.960 --> 00:52:04.159
<v Speaker 1>up the original Unsolved Mysteries episode on Amazon Prime or

1003
00:52:04.199 --> 00:52:07.599
<v Speaker 1>YouTube and play it with my audio commentary playing in

1004
00:52:07.639 --> 00:52:10.719
<v Speaker 1>the background, where I just provide trivia and factoids about

1005
00:52:10.760 --> 00:52:14.199
<v Speaker 1>the cases featured in this episode. And incidentally, the very

1006
00:52:14.199 --> 00:52:17.039
<v Speaker 1>first episode that I did a commentary track over was

1007
00:52:17.079 --> 00:52:19.880
<v Speaker 1>the episode featuring this case. So if you want to

1008
00:52:19.880 --> 00:52:22.639
<v Speaker 1>download a commentary track in which I make more smart

1009
00:52:22.639 --> 00:52:25.639
<v Speaker 1>ass remarks about Jewel, Kaylor then be sure to join

1010
00:52:25.719 --> 00:52:26.440
<v Speaker 1>Tier three.

1011
00:52:26.639 --> 00:52:28.199
<v Speaker 4>So I want to let you know a little bit

1012
00:52:28.199 --> 00:52:31.159
<v Speaker 4>about the Jules and Nashty patreons. So there's early ad

1013
00:52:31.159 --> 00:52:34.079
<v Speaker 4>free episodes of The Path Went Chili. We've got our

1014
00:52:34.079 --> 00:52:37.079
<v Speaker 4>Pathwent Chili mini's, which are always over an hour, so

1015
00:52:37.119 --> 00:52:39.239
<v Speaker 4>they're not very mini, but they're just too short to

1016
00:52:39.280 --> 00:52:42.199
<v Speaker 4>turn into a series, and we're really enjoying doing those.

1017
00:52:42.280 --> 00:52:44.800
<v Speaker 2>So we hope you'll check out those patreons. We'll link

1018
00:52:44.840 --> 00:52:45.920
<v Speaker 2>them in the show notes.

1019
00:52:46.440 --> 00:52:48.320
<v Speaker 1>So I want to thank you all for listening, and

1020
00:52:48.440 --> 00:52:50.760
<v Speaker 1>any chance you have to share us on social media

1021
00:52:50.880 --> 00:52:53.199
<v Speaker 1>with a friend or d rate and review is greatly

1022
00:52:53.239 --> 00:52:56.000
<v Speaker 1>appreciate it. You can email us at The Pathwentchili at

1023
00:52:56.000 --> 00:52:58.800
<v Speaker 1>gmail dot com. You can reach us on Twitter at

1024
00:52:58.880 --> 00:53:01.639
<v Speaker 1>the Pathwent. So until next time, be sure to bundle

1025
00:53:01.719 --> 00:53:05.159
<v Speaker 1>up because cold trails and Chili pass call for warm clothing.

1026
00:53:05.400 --> 00:53:08.519
<v Speaker 2>Music by Paul Rich from the podcast Cold Callers Comedy
