1 00:00:15,356 --> 00:00:32,596 Speaker 1: Pushkin previously on Deep Cover. Greg, you gotta I can't 2 00:00:32,636 --> 00:00:34,676 Speaker 1: just call a prosecutor over here and waste his time. 3 00:00:35,116 --> 00:00:37,996 Speaker 1: You've got to tell us what is it we're asking 4 00:00:38,036 --> 00:00:43,636 Speaker 1: the prosecutor to come for. And that's when he says, 5 00:00:43,716 --> 00:00:48,756 Speaker 1: I'm not the shooter and I want immunity, and so he. 6 00:00:48,676 --> 00:00:51,716 Speaker 2: Starts telling us how it went down. That basically that 7 00:00:51,876 --> 00:00:56,436 Speaker 2: he and Tommy decided one night to go and find 8 00:00:56,476 --> 00:01:00,396 Speaker 2: a black man to kill that black man so that 9 00:01:00,436 --> 00:01:03,956 Speaker 2: they could get their spider web tattoos. As skinheads. 10 00:01:04,596 --> 00:01:07,356 Speaker 3: It was definitely a different type of case. You know, 11 00:01:07,476 --> 00:01:12,796 Speaker 3: a skinhead coming to fill a to kill somebody, a 12 00:01:12,836 --> 00:01:13,836 Speaker 3: cowardly act. 13 00:01:14,796 --> 00:01:18,236 Speaker 4: The family and I thought that this would be good 14 00:01:18,916 --> 00:01:21,396 Speaker 4: if we found at least what happened to him. Can't 15 00:01:21,396 --> 00:01:23,396 Speaker 4: do nothing about it, can't bring him back, but at 16 00:01:23,436 --> 00:01:24,796 Speaker 4: least we would find out the truth. 17 00:01:32,356 --> 00:01:35,476 Speaker 1: Aroan Wood was murdered in the spring of nineteen eighty nine. 18 00:01:36,156 --> 00:01:39,316 Speaker 1: The case had been called for almost twenty years until 19 00:01:39,356 --> 00:01:43,276 Speaker 1: two thousand and eight. That's when tom Guybison was put 20 00:01:43,316 --> 00:01:48,476 Speaker 1: on trial. He stood accused of four charges, ethnic intimidation, 21 00:01:49,396 --> 00:01:53,876 Speaker 1: carrying a firearm without a license, conspiracy to commit murder, 22 00:01:54,396 --> 00:01:58,436 Speaker 1: and murder in the first degree. So far, I'd heard 23 00:01:58,436 --> 00:02:02,476 Speaker 1: a great deal about the prosecution's case against him, and 24 00:02:02,516 --> 00:02:05,756 Speaker 1: I wanted to hear the defense's case directly from the 25 00:02:05,796 --> 00:02:07,116 Speaker 1: man who made it himself. 26 00:02:07,996 --> 00:02:11,956 Speaker 5: He's scared to death, Jake. They're taking away his life. 27 00:02:12,796 --> 00:02:16,756 Speaker 1: This is Mike Ferrell. He was Tom Guybison's lawyer, and 28 00:02:17,196 --> 00:02:20,076 Speaker 1: he was quick to tell me just how precarious his 29 00:02:20,196 --> 00:02:22,636 Speaker 1: client situation was at the time. 30 00:02:23,516 --> 00:02:27,916 Speaker 5: He's facing life without parole and the only comfort he has, 31 00:02:28,396 --> 00:02:31,156 Speaker 5: and he's got this crooked Irish kid who's trying to 32 00:02:31,196 --> 00:02:31,596 Speaker 5: help him. 33 00:02:31,676 --> 00:02:35,596 Speaker 1: Crooked Irish kid being you correct, Why do you call 34 00:02:35,636 --> 00:02:37,236 Speaker 1: yourself a crooked Irish kid? 35 00:02:37,516 --> 00:02:38,956 Speaker 5: Well, I have a crooked face, Jake. 36 00:02:39,876 --> 00:02:42,676 Speaker 1: He means that quite literally, by the way, when he 37 00:02:42,756 --> 00:02:45,716 Speaker 1: was just a baby, Mike had an operation and as 38 00:02:45,716 --> 00:02:48,756 Speaker 1: a result, the left side of his face is paralyzed. 39 00:02:49,516 --> 00:02:53,396 Speaker 1: It's not a parent immediately unless he smiles, and then 40 00:02:53,476 --> 00:02:59,276 Speaker 1: you notice because it's really only a half smile. When 41 00:02:59,316 --> 00:03:02,676 Speaker 1: I arrived at Mike's house in Philadelphia, he was prepared 42 00:03:02,716 --> 00:03:06,716 Speaker 1: to retry this case. And I'm being serious here. He 43 00:03:06,756 --> 00:03:09,436 Speaker 1: had his opening remarks printed and laid out on dining 44 00:03:09,516 --> 00:03:12,556 Speaker 1: room table. He'd retrieved all the files from this case, 45 00:03:13,076 --> 00:03:16,956 Speaker 1: boxes of it, and after a brief introduction, you know, 46 00:03:17,156 --> 00:03:20,636 Speaker 1: explaining his crooked face as he called it, he launched 47 00:03:20,836 --> 00:03:22,756 Speaker 1: right into his opening arguments. 48 00:03:23,236 --> 00:03:25,076 Speaker 5: I believe Tom Geybison is innocent. 49 00:03:25,876 --> 00:03:30,356 Speaker 1: Tom Guybison is innocent, he told me, is as if 50 00:03:30,396 --> 00:03:33,476 Speaker 1: the trial were going on right now in his dining room. 51 00:03:33,876 --> 00:03:36,956 Speaker 5: They had no physical evidence, they had no gun, They 52 00:03:36,956 --> 00:03:41,796 Speaker 5: had nothing but the ear witnesses of scorned girlfriends and 53 00:03:41,996 --> 00:03:45,676 Speaker 5: Craig Peterson, who had been made an offer he couldn't 54 00:03:45,716 --> 00:03:49,676 Speaker 5: refuse to escape prosecution in return for full immunity. 55 00:03:50,196 --> 00:03:53,476 Speaker 1: Mike got worked up, read in the face, raised voice, 56 00:03:53,676 --> 00:03:56,956 Speaker 1: leaning in close to me. At one point he actually 57 00:03:56,996 --> 00:04:00,396 Speaker 1: apologized for getting so animated, said he couldn't help it. 58 00:04:01,756 --> 00:04:04,636 Speaker 1: I learned that over the course of his career, Mike 59 00:04:04,716 --> 00:04:08,356 Speaker 1: had carved out a niche for himself defending what Mike 60 00:04:08,436 --> 00:04:13,876 Speaker 1: calls quote, unpopular persons, people who might alienate a jury. 61 00:04:14,796 --> 00:04:17,876 Speaker 1: He represented a bunch of skinheads, but also guys like 62 00:04:18,036 --> 00:04:21,596 Speaker 1: Mumiya abou Jamal, a black activist who is convicted of 63 00:04:21,676 --> 00:04:25,476 Speaker 1: murdering a white Philadelphia cop. Mike was on his legal 64 00:04:25,476 --> 00:04:26,036 Speaker 1: team too. 65 00:04:27,036 --> 00:04:30,676 Speaker 5: At cocktail parties, criminal defense attorneys are always asked, you know, 66 00:04:30,716 --> 00:04:34,396 Speaker 5: how do you represent people who are accused of doing 67 00:04:34,436 --> 00:04:38,996 Speaker 5: horrible things. My answer was, because I'm a sinner. 68 00:04:39,716 --> 00:04:42,956 Speaker 1: When you say you're a sinner, though, what exactly do 69 00:04:42,996 --> 00:04:45,636 Speaker 1: you mean by that? Do you mean that in a 70 00:04:45,676 --> 00:04:48,956 Speaker 1: way that we're all sinners or you speaking specifically, or. 71 00:04:49,596 --> 00:04:54,996 Speaker 5: Yes, we're all centers. I'm a sinner, and ultimately, no 72 00:04:55,076 --> 00:04:58,236 Speaker 5: one is the worst thing that they've done in their life. 73 00:04:59,636 --> 00:05:02,876 Speaker 1: One more thing that I should mention about Mike. Years 74 00:05:02,916 --> 00:05:06,556 Speaker 1: after he defended Tom, he was convicted of money laundering 75 00:05:06,716 --> 00:05:11,476 Speaker 1: and attempted witness tampering in another case involving marijuana dealers. 76 00:05:13,956 --> 00:05:17,716 Speaker 1: It's safe to say Mike's entire career, start to finish 77 00:05:18,316 --> 00:05:25,276 Speaker 1: defies convention. One of Mike's challenges in this case was 78 00:05:25,316 --> 00:05:28,756 Speaker 1: to keep the jury from jumping to conclusions about his client, 79 00:05:29,076 --> 00:05:33,556 Speaker 1: Tom Guybison. The whole skinhead thing was potentially a liability. 80 00:05:33,956 --> 00:05:37,556 Speaker 1: It threatened to bias the jury against Tom from the start. 81 00:05:38,316 --> 00:05:43,196 Speaker 1: To counter this, Mike described Tom in a very specific way. 82 00:05:43,876 --> 00:05:46,956 Speaker 1: You might recall Tom once told a local newspaper that 83 00:05:47,036 --> 00:05:50,476 Speaker 1: he was at one time a certain type of skinhead, 84 00:05:51,116 --> 00:05:55,436 Speaker 1: a blue collar skinhead. Mike claimed that this was a 85 00:05:55,596 --> 00:05:56,916 Speaker 1: very important distinction. 86 00:05:58,116 --> 00:06:02,996 Speaker 5: Tom Geybison was a blue collar skinhead, and a blue 87 00:06:02,996 --> 00:06:08,836 Speaker 5: collar skinhead did not advocate racism. He advocated, frankly, not 88 00:06:08,916 --> 00:06:15,756 Speaker 5: on like our current magla, which is America First. Blue 89 00:06:15,756 --> 00:06:19,116 Speaker 5: collar skinheads do not advocate racism. 90 00:06:19,436 --> 00:06:21,476 Speaker 1: I had read that he had a Hitler tattoo though 91 00:06:22,036 --> 00:06:24,276 Speaker 1: on his body. 92 00:06:24,596 --> 00:06:29,116 Speaker 5: He did, and at some point in his younger life 93 00:06:29,956 --> 00:06:32,076 Speaker 5: that was part of his ideology, but it was not 94 00:06:32,196 --> 00:06:35,596 Speaker 5: his ideology when I represented him. 95 00:06:36,276 --> 00:06:38,756 Speaker 1: I haven't been able to speak with Tom directly about this. 96 00:06:39,276 --> 00:06:42,636 Speaker 1: He never responded to my requests for an interview. But 97 00:06:42,756 --> 00:06:46,156 Speaker 1: based on the court records, Tom got the Hitler tattoo 98 00:06:46,436 --> 00:06:50,156 Speaker 1: after the alleged murder. I know this because before the 99 00:06:50,196 --> 00:06:54,236 Speaker 1: trial even started, his lawyer, Mike argued that the jury 100 00:06:54,316 --> 00:06:57,236 Speaker 1: did not need to know about that tattoo, and the 101 00:06:57,316 --> 00:07:02,156 Speaker 1: judge agreed. It was a win for the defense. Even so, 102 00:07:02,796 --> 00:07:04,836 Speaker 1: it would be easy for a jury to make some 103 00:07:04,996 --> 00:07:09,356 Speaker 1: snap judgments about who Tom Guybison was and what he believed. 104 00:07:10,116 --> 00:07:14,396 Speaker 1: It was Mike's job to prempt these judgments. Mike hoped 105 00:07:14,436 --> 00:07:17,756 Speaker 1: that he could focus the jury's attention instead on what 106 00:07:17,836 --> 00:07:20,796 Speaker 1: he saw as the problems with the prosecution's case. 107 00:07:21,716 --> 00:07:25,996 Speaker 5: This was a case that was absolutely backwards. Would nearly 108 00:07:26,036 --> 00:07:30,236 Speaker 5: you have a murder and law enforcement searches for the murder. 109 00:07:31,796 --> 00:07:35,556 Speaker 5: In this case, they started with a murderer and searched 110 00:07:35,596 --> 00:07:36,236 Speaker 5: for a murder. 111 00:07:37,316 --> 00:07:39,916 Speaker 1: In other words, the FEDS had taken the rumor of 112 00:07:39,996 --> 00:07:43,356 Speaker 1: a killing, linked it to a cold case, and blamed 113 00:07:43,396 --> 00:07:49,236 Speaker 1: his client. That was the argument. Anyhow, Mike didn't have 114 00:07:49,316 --> 00:07:52,356 Speaker 1: to offer any answers. He didn't have to identify the 115 00:07:52,436 --> 00:07:56,276 Speaker 1: quote real killer. All he had to do was create 116 00:07:56,396 --> 00:08:00,516 Speaker 1: reasonable doubt, poked just enough holes in the prosecution's argument 117 00:08:00,916 --> 00:08:04,396 Speaker 1: that jurors might start scratching their heads. And the thing 118 00:08:04,396 --> 00:08:08,276 Speaker 1: about Mike is he's really good at poking holes. This 119 00:08:08,356 --> 00:08:11,076 Speaker 1: became apparent to me the minute I set foot in 120 00:08:11,116 --> 00:08:14,836 Speaker 1: his dining room. But of course it wasn't me. He 121 00:08:14,916 --> 00:08:18,716 Speaker 1: needed to convince it was a jury of twelve Philadelphians 122 00:08:18,916 --> 00:08:22,476 Speaker 1: back in two thousand and eight. His adversary was the 123 00:08:22,556 --> 00:08:27,756 Speaker 1: legendary prosecutor Roger King. His audience was a courtroom packed 124 00:08:27,756 --> 00:08:31,236 Speaker 1: with spectators. They included lawyers who had come to witness 125 00:08:31,276 --> 00:08:35,276 Speaker 1: this showdown, a Ron Wood's family who was praying for justice, 126 00:08:35,836 --> 00:08:39,596 Speaker 1: and Of course, the press was there too, because this 127 00:08:39,756 --> 00:08:43,476 Speaker 1: trial would make headlines. How could it not. A cold 128 00:08:43,556 --> 00:08:47,596 Speaker 1: case almost two decades old have been resuscitated in rather 129 00:08:47,716 --> 00:08:52,756 Speaker 1: epic fashion, and if the prosecution was to be believed, 130 00:08:53,476 --> 00:09:10,436 Speaker 1: hate itself was on trial from Jay Calburn and This 131 00:09:10,796 --> 00:09:29,396 Speaker 1: is Deep Cover Season four, The Nameless Man, Episode five, 132 00:09:30,236 --> 00:09:43,276 Speaker 1: the trial. The prosecutor in this case was Roger King, 133 00:09:43,796 --> 00:09:48,036 Speaker 1: a legendary figure, a distant cousin of Martin Luther King Junior. 134 00:09:48,636 --> 00:09:51,396 Speaker 1: He spoke with the cadence and the charisma of a 135 00:09:51,436 --> 00:09:55,756 Speaker 1: big church pastor. Roger often made the papers he tried 136 00:09:55,836 --> 00:09:59,876 Speaker 1: high profile cases. Back in the spring of two thousand 137 00:09:59,916 --> 00:10:03,716 Speaker 1: and eight, the city's Criminal Justice Center was buzzing with 138 00:10:03,756 --> 00:10:07,396 Speaker 1: the news that Roger King was trying his very last case. 139 00:10:08,236 --> 00:10:11,036 Speaker 1: This drew a bunch of spectators. Then one of them 140 00:10:11,236 --> 00:10:16,276 Speaker 1: was another prosecutor named Carlos Vega. Carlos says he just 141 00:10:16,356 --> 00:10:17,076 Speaker 1: had to be there. 142 00:10:17,756 --> 00:10:20,996 Speaker 3: It's almost like saying goodbye. You know, it's a level 143 00:10:21,636 --> 00:10:25,796 Speaker 3: of respect you're giving him, but also you're watching one 144 00:10:25,796 --> 00:10:27,596 Speaker 3: of the greats do his last performance. 145 00:10:28,276 --> 00:10:32,516 Speaker 1: Carlos, like so many prosecutors in Philadelphia, had been mentored 146 00:10:32,556 --> 00:10:33,276 Speaker 1: by King. 147 00:10:33,676 --> 00:10:35,876 Speaker 3: As a baby DA. When you first came through the office, 148 00:10:35,916 --> 00:10:41,036 Speaker 3: he was a legend. He had tried these really complicated murders, 149 00:10:41,116 --> 00:10:43,716 Speaker 3: you know that were in the front page, and you know, 150 00:10:43,756 --> 00:10:44,996 Speaker 3: they go, that's Roger King. 151 00:10:46,076 --> 00:10:49,956 Speaker 1: Eventually, Carlos ended up getting involved in this case as 152 00:10:49,956 --> 00:10:54,556 Speaker 1: a prosecutor, but initially he was just a spectator sitting 153 00:10:54,636 --> 00:10:58,836 Speaker 1: in the gallery watching Roger King's last performance. As he 154 00:10:58,876 --> 00:11:04,476 Speaker 1: put it, Roger died back in twenty sixteen. The headline 155 00:11:04,516 --> 00:11:10,796 Speaker 1: to his obituary read, Roger King seventy two, Large than life, 156 00:11:11,036 --> 00:11:14,836 Speaker 1: and I should tell you his legacy was complicated. In 157 00:11:14,876 --> 00:11:17,836 Speaker 1: a number of other murder cases that he tried. His 158 00:11:17,956 --> 00:11:22,796 Speaker 1: convictions were later overturned. There are allegations that he hid evidence, 159 00:11:23,236 --> 00:11:30,356 Speaker 1: manipulated witnesses, or otherwise broke the rules. Carlos told me 160 00:11:30,676 --> 00:11:33,036 Speaker 1: Roger was not the kind of guy who would have 161 00:11:33,036 --> 00:11:36,516 Speaker 1: been intimidated by anyone. That he was tough, and that 162 00:11:36,676 --> 00:11:38,356 Speaker 1: he was always ready for anything. 163 00:11:38,956 --> 00:11:43,836 Speaker 3: A lot of homicide prosecutors are are armed. So you 164 00:11:43,876 --> 00:11:49,916 Speaker 3: know Roger always carried two guns. Why two? Because Roger 165 00:11:49,996 --> 00:11:50,516 Speaker 3: is Roger. 166 00:11:52,356 --> 00:11:56,876 Speaker 1: And then there was Roger's opponent, Mike Ferrell. Carlos remembers 167 00:11:56,876 --> 00:11:59,076 Speaker 1: how Mike carried himself in the courtroom. 168 00:11:59,996 --> 00:12:03,316 Speaker 3: He was very, very intense. He's not a bully because 169 00:12:03,356 --> 00:12:05,556 Speaker 3: it's very gentle, but he looks like he run up 170 00:12:05,596 --> 00:12:08,796 Speaker 3: and punched you, like he really You see the veins 171 00:12:08,796 --> 00:12:12,076 Speaker 3: pop in his neck and everything like that. 172 00:12:13,276 --> 00:12:17,316 Speaker 1: So that was the scene in the courtroom. Larger than life. 173 00:12:17,396 --> 00:12:20,196 Speaker 1: Roger King who liked to carry his two guns, and 174 00:12:20,276 --> 00:12:24,276 Speaker 1: the self proclaimed crooked face irishman vains ready to pop 175 00:12:24,316 --> 00:12:28,916 Speaker 1: out of his neck, two impassion lawyers getting ready prelude 176 00:12:29,076 --> 00:12:36,076 Speaker 1: to an epic standoff. The trial would hinge on two 177 00:12:36,236 --> 00:12:41,276 Speaker 1: fundamental questions. Number one, did it really happen? In other words, 178 00:12:41,636 --> 00:12:44,876 Speaker 1: do you believe that in nineteen eighty nine, Tom Guybison 179 00:12:45,036 --> 00:12:49,756 Speaker 1: went to Philadelphia and murdered a complete stranger. The answer 180 00:12:49,756 --> 00:12:53,276 Speaker 1: to this question would depend on the credibility of three 181 00:12:53,316 --> 00:12:57,276 Speaker 1: star witnesses. There were the two ex girlfriends, both of 182 00:12:57,316 --> 00:13:00,916 Speaker 1: whom claimed that Tom had confessed to them, and there 183 00:13:00,996 --> 00:13:04,516 Speaker 1: was the old friend Craig Peterson, who claimed to be 184 00:13:04,556 --> 00:13:08,476 Speaker 1: the accomplice. These witnesses would have to convince the jury 185 00:13:08,756 --> 00:13:13,436 Speaker 1: that Tom had committed murder back in nineteen eighty nine. 186 00:13:13,636 --> 00:13:17,916 Speaker 1: Then there was question number two. Was this the correct victim. 187 00:13:18,356 --> 00:13:21,836 Speaker 1: In other words, was there enough evidence to convict Tom 188 00:13:21,876 --> 00:13:26,916 Speaker 1: Guybison specifically for the murder of Iran Wood? And the 189 00:13:27,036 --> 00:13:30,556 Speaker 1: answer to this question would focus on the detective work 190 00:13:30,596 --> 00:13:35,876 Speaker 1: performed by Scott Duffy, Terry Mortimer and the Philadelphia PD. 191 00:13:37,236 --> 00:13:40,196 Speaker 1: The burden of proof was on the prosecution, and this 192 00:13:40,356 --> 00:13:42,756 Speaker 1: was a point that Mike made both in his opening 193 00:13:42,836 --> 00:13:45,876 Speaker 1: arguments and in the little re enactment that he did 194 00:13:45,916 --> 00:13:46,196 Speaker 1: for me. 195 00:13:46,716 --> 00:13:49,556 Speaker 5: Now, in a criminal case, it's very interesting in the 196 00:13:49,636 --> 00:13:52,636 Speaker 5: sense that the prosecution side of the story they have 197 00:13:52,636 --> 00:13:55,556 Speaker 5: to prove beyond a reasonable doubt. As to the defense 198 00:13:55,596 --> 00:13:59,076 Speaker 5: side of the story, we just have to create reasonable doubt. 199 00:13:59,836 --> 00:14:01,556 Speaker 5: But we did way more than that. 200 00:14:02,676 --> 00:14:06,236 Speaker 1: Ultimately, Mike would present his own theory on how and 201 00:14:06,316 --> 00:14:10,276 Speaker 1: why iron Wood was killed, but his job was simply 202 00:14:10,316 --> 00:14:13,836 Speaker 1: to poke holes in the prosecution's case. Starting with the 203 00:14:13,836 --> 00:14:19,676 Speaker 1: credibility of its three star witnesses, Let's start by talking 204 00:14:19,716 --> 00:14:23,956 Speaker 1: about the testimony of the two ex girlfriends. If you recall, 205 00:14:24,356 --> 00:14:26,876 Speaker 1: one of them was from high school. Her name was Jen. 206 00:14:27,516 --> 00:14:30,556 Speaker 1: Tom was her prom date, and when she took the 207 00:14:30,596 --> 00:14:33,676 Speaker 1: witness stand, she testified that Tom had shown off his 208 00:14:33,756 --> 00:14:38,036 Speaker 1: spider web tattoo on a number of occasions, including the 209 00:14:38,076 --> 00:14:42,356 Speaker 1: prom and that Tom had been very clear this tattoo 210 00:14:42,476 --> 00:14:45,116 Speaker 1: was a badge of honor for killing a black man. 211 00:14:45,996 --> 00:14:49,516 Speaker 1: Jen also claimed that Tom kept a newspaper article covering 212 00:14:49,596 --> 00:14:53,036 Speaker 1: the man's death and boasted that this was his doing 213 00:14:53,396 --> 00:14:58,436 Speaker 1: his murder. Jen testified quote, he told me that he 214 00:14:58,476 --> 00:15:01,836 Speaker 1: was driving aimlessly and a man just walked out between 215 00:15:01,876 --> 00:15:04,636 Speaker 1: two parked cars and he shot him in the head. 216 00:15:05,676 --> 00:15:09,076 Speaker 1: Jen said her relationship with Tom ended because he was abusive. 217 00:15:13,276 --> 00:15:16,836 Speaker 1: The other ex girlfriend was Patricia. She was Tom's girlfriend 218 00:15:16,836 --> 00:15:21,236 Speaker 1: when he was older in his twenties. Patricia also testified 219 00:15:21,276 --> 00:15:23,436 Speaker 1: to the fact that Tom liked to show off his 220 00:15:23,556 --> 00:15:27,196 Speaker 1: tattoo and brag about the murder that he'd committed. She 221 00:15:27,276 --> 00:15:30,556 Speaker 1: also talked about the newspaper article that Tom supposedly kept. 222 00:15:31,556 --> 00:15:35,036 Speaker 1: She also alleged Tom had abused her in a brutal manner. 223 00:15:35,716 --> 00:15:37,956 Speaker 1: I'm not going to get into all the details here, 224 00:15:38,436 --> 00:15:45,476 Speaker 1: but the allegations were graphic, specific and disturbing. Carlos Vega, 225 00:15:45,676 --> 00:15:48,436 Speaker 1: who you heard from earlier and who eventually got involved 226 00:15:48,436 --> 00:15:51,716 Speaker 1: in this case as a prosecutor, said that Jen and 227 00:15:51,756 --> 00:15:55,716 Speaker 1: Patricia showed real courage, not only for taking the stand, 228 00:15:56,116 --> 00:15:58,996 Speaker 1: but for risking the potential consequences. 229 00:15:59,836 --> 00:16:02,836 Speaker 3: Think of it. If they were intimate with him. They 230 00:16:02,916 --> 00:16:05,636 Speaker 3: know who he is, They know what he is. People 231 00:16:05,676 --> 00:16:09,116 Speaker 3: don't understand. It's not TV that it's cut and everybody's high. 232 00:16:10,076 --> 00:16:13,756 Speaker 3: There is a life after a case, and people have 233 00:16:13,876 --> 00:16:17,156 Speaker 3: to live the rest of their lives dealing with the murderer, 234 00:16:17,756 --> 00:16:21,556 Speaker 3: his family, his friends, his associates. They're going to have 235 00:16:21,636 --> 00:16:24,916 Speaker 3: to look behind their back for the rest of their lives. 236 00:16:29,596 --> 00:16:32,676 Speaker 1: Mike, the defense lawyer, argued that both of these women 237 00:16:32,996 --> 00:16:36,436 Speaker 1: had been cast aside by Tom, that they were quote 238 00:16:36,836 --> 00:16:43,156 Speaker 1: scorned girlfriends. In particular, Mike attacked Patricia's credibility, noted that 239 00:16:43,196 --> 00:16:46,956 Speaker 1: she'd struggled with substance abuse for years, and pointed out 240 00:16:47,036 --> 00:16:49,396 Speaker 1: that Tom had cheated on her repeatedly. 241 00:16:50,276 --> 00:16:53,236 Speaker 5: You know, he was not a faithful boyfriend, but he 242 00:16:53,356 --> 00:16:54,556 Speaker 5: was not a murderer. 243 00:16:55,756 --> 00:16:59,196 Speaker 1: Mike maintained that both ex girlfriends were lying on the 244 00:16:59,236 --> 00:17:03,596 Speaker 1: stand to get back at Tom. In cross examination, Mike 245 00:17:03,676 --> 00:17:06,196 Speaker 1: did his best to poke holes in the ex girlfriend's 246 00:17:06,196 --> 00:17:11,836 Speaker 1: stories by pointing out inconsistencies. Over the preceding years, Jen 247 00:17:11,996 --> 00:17:15,956 Speaker 1: and Patricia had told their stories multiple times to investigators 248 00:17:16,076 --> 00:17:20,876 Speaker 1: and court officials, and there were some discrepancies. Patricia and 249 00:17:20,996 --> 00:17:25,956 Speaker 1: Jen both testified at trial about seeing Tom's spider web tattoo, 250 00:17:26,276 --> 00:17:31,196 Speaker 1: but years earlier, Patricia had originally told investigators the tattoo 251 00:17:31,276 --> 00:17:34,676 Speaker 1: that Tom got for the murder was a tear drop 252 00:17:34,916 --> 00:17:36,236 Speaker 1: within a spider web. 253 00:17:36,836 --> 00:17:40,076 Speaker 5: Well, the theory of the girlfriends, the theory that began 254 00:17:40,236 --> 00:17:44,356 Speaker 5: this whole snowball rolling down the side of a snow 255 00:17:44,436 --> 00:17:49,356 Speaker 5: covered hill, was not to earn the web tattoo, but 256 00:17:49,476 --> 00:17:53,956 Speaker 5: to earn a red tear drop within the web tattoo. 257 00:17:54,716 --> 00:17:58,596 Speaker 1: For the record, Tom did have a web tattoo, but 258 00:17:58,876 --> 00:18:02,116 Speaker 1: there was no tear drop in it. Mike found things 259 00:18:02,196 --> 00:18:09,476 Speaker 1: like this, small inconsistencies and hammered away at them. In 260 00:18:09,556 --> 00:18:13,716 Speaker 1: my mind, the most confounding issue that Mike raised involved 261 00:18:13,716 --> 00:18:16,836 Speaker 1: the newspaper article about the murder, the one that Tom 262 00:18:16,876 --> 00:18:22,196 Speaker 1: allegedly kept. This article was important because in theory, if 263 00:18:22,236 --> 00:18:25,316 Speaker 1: Iran would was the victim, then this article would have 264 00:18:25,316 --> 00:18:28,676 Speaker 1: Iran's name in it right because it would be about Iran. 265 00:18:30,356 --> 00:18:33,516 Speaker 1: But no one, not the FEDS, or the police or 266 00:18:33,516 --> 00:18:36,876 Speaker 1: the prosecutors, was able to find such an article, not 267 00:18:36,956 --> 00:18:41,876 Speaker 1: at Tom's house or the library, or anywhere. It's a 268 00:18:41,916 --> 00:18:46,276 Speaker 1: loose end that remains unexplained, and according to Mike Farrell, 269 00:18:46,796 --> 00:18:52,916 Speaker 1: this was another hole in the prosecution's case. More on 270 00:18:52,956 --> 00:19:17,396 Speaker 1: the prosecution after the break. By far the most important 271 00:19:17,436 --> 00:19:22,196 Speaker 1: witness was Craig Peterson, the supposed accomplice. He was really 272 00:19:22,196 --> 00:19:27,076 Speaker 1: the lynchpin to the prosecution's case. When Craig finally walked 273 00:19:27,076 --> 00:19:31,116 Speaker 1: into the courtroom, it was a dramatic moment. Craig and 274 00:19:31,156 --> 00:19:34,476 Speaker 1: Tom had been friends since the fourth grade. They knew 275 00:19:34,516 --> 00:19:37,836 Speaker 1: each other's families, they had grown up alongside one another 276 00:19:37,876 --> 00:19:42,996 Speaker 1: in Delaware, and if Craig was to be believed, they'd 277 00:19:43,036 --> 00:19:47,756 Speaker 1: finished out their adolescence by committing murder together. Now, almost 278 00:19:47,756 --> 00:19:51,236 Speaker 1: two decades later, the former friends were in their late thirties. 279 00:19:51,676 --> 00:19:55,396 Speaker 1: One was the defendant, possibly facing life in prison, the 280 00:19:55,476 --> 00:19:58,236 Speaker 1: other the star witness who had a get out of 281 00:19:58,356 --> 00:20:05,876 Speaker 1: jail free card. When he took the stand, Craig described 282 00:20:05,916 --> 00:20:08,556 Speaker 1: the night of the murder in detail, just as he 283 00:20:08,596 --> 00:20:11,356 Speaker 1: had done with Scott and Terry, the two federal agents 284 00:20:11,436 --> 00:20:15,116 Speaker 1: two years prior. It was the same story that he 285 00:20:15,116 --> 00:20:17,196 Speaker 1: had helped to kill a man all because of the 286 00:20:17,236 --> 00:20:20,116 Speaker 1: color of his skin, and that he had watched as 287 00:20:20,156 --> 00:20:24,756 Speaker 1: Tom Guybison shot him in the head, and then, as 288 00:20:24,836 --> 00:20:29,236 Speaker 1: Craig told the jury, he quote slowly drove off like 289 00:20:29,316 --> 00:20:36,436 Speaker 1: nothing happened and just kept going. 290 00:20:39,196 --> 00:20:42,996 Speaker 5: Craig Peterson was a liar, He was a corrupt source. Frankly, 291 00:20:43,276 --> 00:20:45,596 Speaker 5: he was given an offer that no one could refuse. 292 00:20:46,676 --> 00:20:49,236 Speaker 1: This is the argument that the defense made a trial 293 00:20:49,916 --> 00:20:53,036 Speaker 1: that Craig lied to the federal agents Scott and Terry 294 00:20:53,476 --> 00:20:54,556 Speaker 1: to save his own skin. 295 00:20:55,636 --> 00:20:58,596 Speaker 5: If in fact their theory was that he was the 296 00:20:58,716 --> 00:21:03,236 Speaker 5: driver of Tom Guybison to Philadelphia from Warmington to kill 297 00:21:03,236 --> 00:21:06,636 Speaker 5: a black man. He's a co conspirator first degree murder, 298 00:21:06,996 --> 00:21:08,396 Speaker 5: life without parole. 299 00:21:08,356 --> 00:21:13,276 Speaker 1: So you can is that they explicitly threatened him or 300 00:21:13,276 --> 00:21:14,876 Speaker 1: said you're going to go away from murder if you 301 00:21:14,876 --> 00:21:15,996 Speaker 1: don't cooperate with us. 302 00:21:16,356 --> 00:21:20,476 Speaker 5: It's not my theory, Jake, it's the truth. It's exactly 303 00:21:20,516 --> 00:21:25,396 Speaker 5: what happened. You know, mister Peterson, you know, didn't Tom Guybison. 304 00:21:25,716 --> 00:21:28,596 Speaker 5: Didn't you drive Tom Guybison to Philadelphia to cooble backman? 305 00:21:28,756 --> 00:21:28,916 Speaker 6: No? 306 00:21:29,756 --> 00:21:33,236 Speaker 5: Second time? Didn't you drive Tom Guybison to Philadelphia to 307 00:21:33,316 --> 00:21:33,996 Speaker 5: cool back man? 308 00:21:34,196 --> 00:21:34,356 Speaker 1: No? 309 00:21:34,996 --> 00:21:38,316 Speaker 5: Third time? Well, look, you know you're facing life without parole. 310 00:21:38,556 --> 00:21:42,956 Speaker 5: First degree murder co conspirator, but we'll we'll let you 311 00:21:42,996 --> 00:21:48,596 Speaker 5: go scott free with total immunity if you essentially tell 312 00:21:48,676 --> 00:21:49,636 Speaker 5: us what we want to hear. 313 00:21:51,236 --> 00:21:54,436 Speaker 1: It is true that initially Craig denied taking part in 314 00:21:54,476 --> 00:21:57,716 Speaker 1: this murder when Scott and Terry made that trip to Vermont, 315 00:21:58,476 --> 00:22:02,196 Speaker 1: But it's also true that once he confessed, his story, 316 00:22:02,356 --> 00:22:07,316 Speaker 1: with all its many details, remained consistent. In the courtroom, 317 00:22:07,476 --> 00:22:11,636 Speaker 1: under cross examination, Craig held his own At one point, 318 00:22:11,796 --> 00:22:15,276 Speaker 1: Mike asked him, pointedly, you decided to tell them what 319 00:22:15,316 --> 00:22:17,996 Speaker 1: they want to hear, that you'd get immunity and not 320 00:22:18,076 --> 00:22:23,396 Speaker 1: have the worry about prosecution. Correct, Craig replied, I didn't 321 00:22:23,436 --> 00:22:26,196 Speaker 1: tell them what they wanted to hear. I told them 322 00:22:26,196 --> 00:22:34,316 Speaker 1: what happened. It's impossible to underscore just how important Craig 323 00:22:34,516 --> 00:22:37,916 Speaker 1: was as a witness. In order to convict Tom Guybison, 324 00:22:38,236 --> 00:22:40,356 Speaker 1: the jury would not only have to believe that Craig 325 00:22:40,476 --> 00:22:43,756 Speaker 1: was credible, they would also have to believe that Craig's 326 00:22:43,796 --> 00:22:48,276 Speaker 1: memory was reliable because all the details they connected this 327 00:22:48,556 --> 00:22:54,436 Speaker 1: murder to iron Wood came from Craig's confession. Scott, Terry, 328 00:22:54,516 --> 00:22:58,076 Speaker 1: and Luby, the detective from the flipd All testified for 329 00:22:58,116 --> 00:23:01,356 Speaker 1: the prosecution. They walked the jury through the years of 330 00:23:01,396 --> 00:23:03,996 Speaker 1: work they'd done to bring this cold case out of 331 00:23:04,036 --> 00:23:07,756 Speaker 1: the basement literally and into the courtroom. Talked about how 332 00:23:07,836 --> 00:23:12,156 Speaker 1: several key facts from Greig's confession, the general location, the 333 00:23:12,196 --> 00:23:15,156 Speaker 1: type of weapon, the nature of the wound, and the 334 00:23:15,196 --> 00:23:18,796 Speaker 1: time frame spring of eighty nine led them to a 335 00:23:18,836 --> 00:23:26,076 Speaker 1: single match iron Wood. But in the end, it would 336 00:23:26,076 --> 00:23:29,436 Speaker 1: all come down to a gut feeling about Craig. The 337 00:23:29,476 --> 00:23:33,436 Speaker 1: prosecution presented him as someone with a checkered past who'd 338 00:23:33,436 --> 00:23:37,916 Speaker 1: finally redeemed himself and told the truth. The defense was 339 00:23:37,956 --> 00:23:41,556 Speaker 1: calling him a liar and an opportunist. It would be 340 00:23:41,636 --> 00:23:50,076 Speaker 1: up to the jury to decide. After the prosecution rested, 341 00:23:50,476 --> 00:23:53,756 Speaker 1: Mike Ferrell had an opportunity to present his own witnesses 342 00:23:54,116 --> 00:23:57,196 Speaker 1: to build out an alternate theory of how Iran Wood 343 00:23:57,276 --> 00:24:00,876 Speaker 1: died to suggest that Tom wasn't the one who killed him. 344 00:24:02,076 --> 00:24:05,196 Speaker 1: His counter narrative is a bit spotty, not all of 345 00:24:05,236 --> 00:24:07,916 Speaker 1: it connects, but I'm going to walk you through it. 346 00:24:09,156 --> 00:24:13,076 Speaker 5: Would it was supposedly the victim, Tom Guyvenson, didn't kill him, 347 00:24:13,156 --> 00:24:15,076 Speaker 5: Drugs and guns killed him. 348 00:24:15,676 --> 00:24:17,796 Speaker 1: Mike called a bunch of witnesses to build out his 349 00:24:17,916 --> 00:24:21,996 Speaker 1: theory that Iran was murdered over a drug debt. One 350 00:24:22,036 --> 00:24:25,716 Speaker 1: of these witnesses was an old girlfriend of Iran's. She 351 00:24:25,836 --> 00:24:30,196 Speaker 1: testified that Iran sold drugs and that she'd once received 352 00:24:30,236 --> 00:24:32,876 Speaker 1: a threatening phone call from a guy who was looking 353 00:24:32,916 --> 00:24:37,636 Speaker 1: for Iran. In response, Roger King pointed out that this 354 00:24:37,756 --> 00:24:41,196 Speaker 1: call occurred more than a year before the murder, so 355 00:24:41,276 --> 00:24:44,636 Speaker 1: he argued, connecting these two events was a real stretch. 356 00:24:45,636 --> 00:24:49,476 Speaker 1: Mike brought into other witnesses too, including a bartender who'd 357 00:24:49,556 --> 00:24:52,276 Speaker 1: seen Iran on the night of the murder in an 358 00:24:52,276 --> 00:24:53,276 Speaker 1: agitated state. 359 00:24:54,116 --> 00:24:57,596 Speaker 5: We proved that Aaron Wood was in a bar, nervous, afraid, 360 00:24:58,316 --> 00:25:02,276 Speaker 5: indicating that he may never come back. The bartender called 361 00:25:02,276 --> 00:25:06,236 Speaker 5: Iran saying, quote, you probably won't be seeing me no 362 00:25:06,356 --> 00:25:07,996 Speaker 5: more man after today. 363 00:25:09,236 --> 00:25:11,836 Speaker 1: It went on like this. Mike brought in someone who 364 00:25:11,836 --> 00:25:14,356 Speaker 1: had been interviewed by the police back in nineteen eighty 365 00:25:14,396 --> 00:25:16,236 Speaker 1: nine at the scene of the crime. 366 00:25:16,636 --> 00:25:20,636 Speaker 5: And we have an eye witness of heard the gunshot 367 00:25:20,676 --> 00:25:24,316 Speaker 5: and saw three black males in hoods running from the 368 00:25:24,356 --> 00:25:25,756 Speaker 5: scene of the gunshot. 369 00:25:26,596 --> 00:25:30,596 Speaker 1: On cross examination, Roger asked this witness if he thought 370 00:25:30,676 --> 00:25:33,476 Speaker 1: the three men in the hoods running away were involved 371 00:25:33,476 --> 00:25:37,636 Speaker 1: in the crime, No, said the witness. This man also admitted, 372 00:25:37,676 --> 00:25:40,676 Speaker 1: in a moment of absurdity, that he had no idea 373 00:25:40,756 --> 00:25:43,316 Speaker 1: why he was being called to testify because he knew 374 00:25:43,396 --> 00:25:47,436 Speaker 1: nothing about this murder. Okay, at this point, if you're 375 00:25:47,476 --> 00:25:50,876 Speaker 1: scratching your head trying to keep all this straight, I 376 00:25:50,956 --> 00:25:55,996 Speaker 1: hear you information overload. That, however, seemed to be part 377 00:25:55,996 --> 00:26:00,836 Speaker 1: of the defense's strategy here. Mike wasn't offering complete answers 378 00:26:01,236 --> 00:26:04,676 Speaker 1: or a counter narrative that made total sense, and he 379 00:26:04,716 --> 00:26:08,236 Speaker 1: didn't have to. He was just trying to see doubts 380 00:26:08,556 --> 00:26:14,196 Speaker 1: in the jurors minds. I should mention Tom Guybison never 381 00:26:14,276 --> 00:26:17,596 Speaker 1: took the witness stand. He waved his right to testify, 382 00:26:18,156 --> 00:26:28,836 Speaker 1: so the jury never heard from him. The trial would 383 00:26:28,916 --> 00:26:32,676 Speaker 1: last for twelve days, and as the lawyers sparred and 384 00:26:32,716 --> 00:26:37,156 Speaker 1: the witnesses testified, one man in the gallery watched on silently. 385 00:26:37,876 --> 00:26:41,236 Speaker 1: He was there every day from start till finish, taking 386 00:26:41,236 --> 00:26:46,756 Speaker 1: it all in. That man was Tyrone Wood, Aron's youngest brother. 387 00:26:47,556 --> 00:26:51,276 Speaker 4: I felt like I had to go to trial every day, 388 00:26:51,396 --> 00:26:53,356 Speaker 4: and I feel like I had to find truthful not 389 00:26:53,516 --> 00:26:57,836 Speaker 4: only for the family, for my mom because she said 390 00:26:57,876 --> 00:27:01,636 Speaker 4: should I go, and I said no. 391 00:27:00,316 --> 00:27:03,316 Speaker 1: No, because he didn't want her hearing all the details, 392 00:27:03,676 --> 00:27:08,396 Speaker 1: reliving the whole nightmare, so he went instead, though it 393 00:27:08,476 --> 00:27:11,356 Speaker 1: was no easy to ask for him either. In the 394 00:27:11,436 --> 00:27:14,756 Speaker 1: lead up to the trial, kind of amazingly, no one 395 00:27:14,796 --> 00:27:18,356 Speaker 1: had shared any details with him, the whole story about 396 00:27:18,476 --> 00:27:21,836 Speaker 1: Tom and Craig and the prom and the tattoos. That 397 00:27:21,956 --> 00:27:25,276 Speaker 1: was all news to him. Tyrone intently listened to all 398 00:27:25,276 --> 00:27:30,476 Speaker 1: the witnesses, especially Craig, and he found him credible. It 399 00:27:30,556 --> 00:27:34,516 Speaker 1: was a tortuous situation. On the one hand, Craig's testimony 400 00:27:34,596 --> 00:27:37,676 Speaker 1: is what made this whole trial possible. He was the 401 00:27:37,756 --> 00:27:40,636 Speaker 1: key to the family shot at justice or at least 402 00:27:40,876 --> 00:27:45,116 Speaker 1: a closure. On the other hand, Craig was also the 403 00:27:45,156 --> 00:27:49,076 Speaker 1: man who supposedly helped kill Roan, the man who drove 404 00:27:49,116 --> 00:27:53,916 Speaker 1: away quote like nothing happened. I asked Tyrone how he 405 00:27:53,956 --> 00:27:55,556 Speaker 1: felt about Craig testifying. 406 00:27:56,636 --> 00:28:02,196 Speaker 4: I was actually thinking that I was glad he did 407 00:28:03,156 --> 00:28:10,556 Speaker 4: at least for my family and for my mother, so 408 00:28:10,596 --> 00:28:13,876 Speaker 4: at least they can close their eyes knowing that they 409 00:28:13,956 --> 00:28:16,156 Speaker 4: knew who did it. And that's the way I look 410 00:28:16,156 --> 00:28:20,076 Speaker 4: at it. Also, I just thank God for that I 411 00:28:20,156 --> 00:28:20,796 Speaker 4: know who did it. 412 00:28:21,796 --> 00:28:26,196 Speaker 1: Occasionally during the trial, Tyrone found himself looking right at 413 00:28:26,196 --> 00:28:29,556 Speaker 1: Tom Guybison, looking and thinking. 414 00:28:29,916 --> 00:28:31,756 Speaker 4: I said, I'm not gonna let him win. I just 415 00:28:31,796 --> 00:28:34,076 Speaker 4: wanted you to be convicted of my brother's death. You 416 00:28:34,116 --> 00:28:38,236 Speaker 4: did it, you know, you did it so and I 417 00:28:38,236 --> 00:28:44,516 Speaker 4: felt like he was a coward, you know, because you 418 00:28:44,596 --> 00:28:47,876 Speaker 4: didn't face no man. You went up and just shot 419 00:28:47,876 --> 00:28:53,396 Speaker 4: a man just because the sport. I don't hate, but 420 00:28:53,596 --> 00:28:55,876 Speaker 4: I was kind of hating for a little bit. And 421 00:28:55,916 --> 00:28:58,636 Speaker 4: then at the same token, I thought to myself, I 422 00:28:58,676 --> 00:29:03,076 Speaker 4: came that this guy overtake me again. So I'm thinking 423 00:29:03,076 --> 00:29:10,356 Speaker 4: that we're gonna get justice and then everything will be okay. 424 00:29:11,076 --> 00:29:15,076 Speaker 1: His family's hopes, just like Tom's fate, were now in 425 00:29:15,116 --> 00:29:19,716 Speaker 1: the hands of twelve Philadelphians. It was their call. They 426 00:29:19,756 --> 00:29:23,116 Speaker 1: had to sort through the witness's testimonies, the narrative, the 427 00:29:23,196 --> 00:29:27,516 Speaker 1: counter narrative, the lofty rhetoric of Roger King, the doubts 428 00:29:27,516 --> 00:29:31,316 Speaker 1: sewed by Mike Ferrell, all in search of the elusive 429 00:29:31,436 --> 00:29:37,276 Speaker 1: prospect that buried somewhere in this tangled, tragic mess was 430 00:29:37,316 --> 00:29:48,876 Speaker 1: a verdict. It was truly just next time I'm deep cover. 431 00:29:50,236 --> 00:29:51,156 Speaker 3: My name is Bob. 432 00:29:51,356 --> 00:29:53,236 Speaker 5: I'm a Philadelphian and. 433 00:29:53,156 --> 00:29:56,956 Speaker 3: I was selected to serve on the Jewelry that heard 434 00:29:56,996 --> 00:29:58,836 Speaker 3: the case of Thomas Guybison. 435 00:29:59,756 --> 00:30:03,676 Speaker 6: Pressure was growing within the group to come to a conclusion. 436 00:30:06,876 --> 00:30:09,516 Speaker 6: There was a feeling of we don't have more to 437 00:30:09,596 --> 00:30:09,836 Speaker 6: go on. 438 00:30:35,876 --> 00:30:39,716 Speaker 1: Deep Cover is produced by Amy Gaines McQuaid and Jacob Smith. 439 00:30:40,236 --> 00:30:45,236 Speaker 1: It's edited by Karen Schakerji mastering by Jake Gorski. Our 440 00:30:45,276 --> 00:30:48,716 Speaker 1: show art was designed by Sean Carney. Original scoring in 441 00:30:48,796 --> 00:30:52,556 Speaker 1: our theme was composed by Luis Gara, fact checking by 442 00:30:52,676 --> 00:30:59,316 Speaker 1: Arthur Gomberts. Our story consultant was James Foreman Jr. Special 443 00:30:59,356 --> 00:31:03,596 Speaker 1: thanks to Jerry Williams, Sarah Nix, Greta Cone, and Jake Flanagan. 444 00:31:04,596 --> 00:31:05,476 Speaker 1: I'm Jake halpern 445 00:31:10,676 --> 00:31:10,716 Speaker 5: S