WEBVTT - Botched 

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<v Speaker 1>School of Humans. We've all seen episodes of CSI where

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<v Speaker 1>murders get solved in an hour or less. But the

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<v Speaker 1>truth is that in America today, if you put a

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<v Speaker 1>gun to someone's head, you have about a fifty percent

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<v Speaker 1>chance of getting away with murder. In many areas, the

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<v Speaker 1>murder clearance rate is a lot worse. On September ninth,

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<v Speaker 1>nineteen eighty nine, sixteen year old Janie Ward collapsed during

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<v Speaker 1>a high school party at a cabin in the woods

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<v Speaker 1>near Marshall, Arkansas. Some friends put her in the back

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<v Speaker 1>of a pickup truck and drove her into town. They

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<v Speaker 1>ended up at the Bank parking lot, where Janie was

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<v Speaker 1>pronounced dead at eight forty five pm. It could have

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<v Speaker 1>been an accident. That's the official story. But the closer

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<v Speaker 1>I look at the case, the more questions I have.

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<v Speaker 1>Did someone get away with murder? I'm Catherine Townsend, and

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<v Speaker 1>this is helen gone. In many cities in America, experts

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<v Speaker 1>say that a lot of people are afraid to speak

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<v Speaker 1>out about what they witnessed, and fear of retaliation. Doesn't

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<v Speaker 1>just happen in big cities with gang problems. It happens

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<v Speaker 1>in small towns too. Small towns also struggle with death investigations.

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<v Speaker 1>A lot of police forces lack the experience and the

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<v Speaker 1>budget to deal with complex murder cases. As a result,

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<v Speaker 1>mistakes are made and valuable evidence can be lost forever.

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<v Speaker 1>In many counties, the person who examined you after death

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<v Speaker 1>is not a medical examiner, but the coroner, who often

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<v Speaker 1>has no medical training. In Arkansas, you just have to

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<v Speaker 1>be eighteen years old and not a felon to be coroner.

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<v Speaker 1>In Janney's case, Tom Martin was coroner of Cercy County.

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<v Speaker 1>He's the one who pronounced Janeye dead at the bank

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<v Speaker 1>parking lot. The medical examiner who performed the autopsy was

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<v Speaker 1>doctor Fawmy Mallick. He was the chief medical examiner for

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<v Speaker 1>the whole state of Arkansas and located in Little Rock.

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<v Speaker 1>Some coroners are working to get additional training and to

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<v Speaker 1>change the system from within to explain what happens when

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<v Speaker 1>someone dies under mysterious circumstances. Here's an Arkansas corner. My

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<v Speaker 1>name is Joseph. Joseph Blake is the coroner in Stone County.

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<v Speaker 1>He's twenty two, making him the youngest coroner ever elected

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<v Speaker 1>in Arkansas. He's very open about the fact that many

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<v Speaker 1>corners have no medical expertise and stresses the importance of

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<v Speaker 1>additional training. He says that his job starts with a

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<v Speaker 1>call from the sheriff. It all starts normally from the

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<v Speaker 1>Sarf's office. They call me. Let's say it's just a

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<v Speaker 1>regular home unattended death, which that means that nobody was

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<v Speaker 1>present of thee walked in the house and pounce on

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<v Speaker 1>man on the floor. So the Sheriff's office is gonna

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<v Speaker 1>call me, and then I'm gonna check in the radio

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<v Speaker 1>and be in that out. Normally, by the time I

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<v Speaker 1>get there, there's normally an officer that's already made it there,

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<v Speaker 1>or CID guy that's made it there, or both, and

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<v Speaker 1>they're they're they've kind of done there an investigation part.

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<v Speaker 1>I'm normally the last person call for anything nine times

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<v Speaker 1>out of ten. That's that's how it's gonna be the

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<v Speaker 1>cause they like to do their investigation first. When talking

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<v Speaker 1>to Joseph, I get a sense that the relationship between

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<v Speaker 1>the Coigner's office and police departments hasn't always been the best,

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<v Speaker 1>and while he's been the Stone County corner, repairing that

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<v Speaker 1>relationship has been one of his top priorities. This is

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<v Speaker 1>getting a lot better since I've took office. But there's

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<v Speaker 1>not been a good relationship between corners and police officers.

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<v Speaker 1>There's not really. If you was a corner, you thought

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<v Speaker 1>police officers were done. If you was a police officer,

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<v Speaker 1>you thro all the corner. So it was kind of

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<v Speaker 1>that hand. But now it's gotten a lot better with

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<v Speaker 1>me after developed a good relationship with their guys here

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<v Speaker 1>just don't county, and so they're normally there. They take pictures,

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<v Speaker 1>get a lot of information, and I get there. My

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<v Speaker 1>job is I'm kind of the missing pieces kind of guy.

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<v Speaker 1>I look and make sure that anything that they didn't miss,

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<v Speaker 1>I get pretty much the same information they get. Who

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<v Speaker 1>found them, down their normal bedtime schedule, just kind of

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<v Speaker 1>gathering information to my corner report. And then I pronounced

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<v Speaker 1>them is legally dead at that point, and then we

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<v Speaker 1>asked the family from there if if everything lo file

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<v Speaker 1>place affected. When I asked the family, you know which

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<v Speaker 1>funeral home they want to choose, and it goes from

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<v Speaker 1>the natural. That's very easy, and it don't sound like

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<v Speaker 1>a lot. Every death, every death I'm you moved to

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<v Speaker 1>the nursing home. Every death is like that. As a

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<v Speaker 1>homicide until proven otherwise. Every death is looked at as

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<v Speaker 1>a homicide until proven otherwise. But in Jennie's case, Ron

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<v Speaker 1>said that coroner Tom Martin didn't even bring up an

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<v Speaker 1>autopsy until Ron insisted. Tom instead just asked which funeral

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<v Speaker 1>home the family wanted to use. This is odd given

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<v Speaker 1>that the paramedics had already said it was a suspicious death.

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<v Speaker 1>Janie's funeral on September fifteenth. After Janie's death, Ron starts

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<v Speaker 1>recording and taking notes everywhere he goes. The funeral was

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<v Speaker 1>no exception. What have you have? A word of Mars

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<v Speaker 1>that's Saturday came the math at age sixteen. He wrote

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<v Speaker 1>down that five hundred people attended the funeral and said

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<v Speaker 1>that a lot of them looked into the open casket

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<v Speaker 1>and sought injuries on Janie's face and body. We read

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<v Speaker 1>in one of his notebooks more trauma showed up on

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<v Speaker 1>her body, things that were not noticed the night of

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<v Speaker 1>her death. What showed up on Jannie's wrists were what

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<v Speaker 1>appears to be restraining marks and bruises on the back

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<v Speaker 1>of her hands, and a splinter about a quarter of

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<v Speaker 1>an inch long under her right thumbnail. Ron had photos

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<v Speaker 1>taken of Jennie at the funeral to document what he saw.

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<v Speaker 1>When we talked to Janie's sister Crystal and her mom,

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<v Speaker 1>Mona Cristal also remembered additional injuries on Jennie. One thing

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<v Speaker 1>I'll never forget and I was eleven when I saw

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<v Speaker 1>Jannie there the first time in the coffin, and I

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<v Speaker 1>pointed this out to Dad. Jenny had claw marks in

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<v Speaker 1>her face. She had nicks different places that were claw marks.

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<v Speaker 1>You don't get that from falling off of port roofs

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<v Speaker 1>all the way down. She had bruises down it was

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<v Speaker 1>fingernails where Nag had clawd her scratched her face and

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<v Speaker 1>that's cat fine. Oh. Yes. She had a splinter under

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<v Speaker 1>her thumb half an inch long. Also. That was never

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<v Speaker 1>spoken of or addressed in the autopsy, but we saw

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<v Speaker 1>it in the cast at a funeral. I saw it,

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<v Speaker 1>Ronnie saw it. We all commented on it. Why was

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<v Speaker 1>that not in the autopsy. The state's chief medical Examiner,

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<v Speaker 1>doctor Fawmy Malick, performed Janey's autopsy at the State Crime

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<v Speaker 1>Lab in Little Rock on September eleventh, two days after

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<v Speaker 1>she died. The cause of death was listed as an

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<v Speaker 1>upper spinal cord and neck injury from landing on the

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<v Speaker 1>back of the head. The manner of death is listed

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<v Speaker 1>as undetermined. The autopsy mentions a single small bruise bluish red,

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<v Speaker 1>circular in shape with a cleared center on Jane's lower back,

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<v Speaker 1>but says nothing about the injuries Ron says that he

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<v Speaker 1>and others saw at the funeral. Doctor Malick wrote, the

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<v Speaker 1>neck is loose, but no apparent external injury is present.

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<v Speaker 1>To Jane's parents, this doesn't make sense. How could someone

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<v Speaker 1>have such a catastrophic injury falling off a portstep that

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<v Speaker 1>was less than ten inches high. Also, Jane's body was

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<v Speaker 1>clean when it arrived in Little Rock. There was no

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<v Speaker 1>mention of the dirt or debris or any ante sort

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<v Speaker 1>of why her body could have been wet. Today is

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<v Speaker 1>Friday's twenty seventh, nineteen eighty nine. This tape is Ron

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<v Speaker 1>Ward at the Arkansas State Crime Lab in Little Rock

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<v Speaker 1>with his friend Robert on Friday, November twenty seventh, nineteen

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<v Speaker 1>eighty nine. Ron had requested the autopsy report after several

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<v Speaker 1>months of waiting. He said all he received was the

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<v Speaker 1>first few pages determine. Ron heads to Little Rock to

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<v Speaker 1>get the report himself, get help us, get a coffee

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<v Speaker 1>of the roapopture. Well, how are you kneing an autopsy

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<v Speaker 1>report on? He isn't one who needs it. It's w daughter,

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<v Speaker 1>my daughter, okay, And what's your NA award? I'm sorry,

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<v Speaker 1>Ronald Ward Ron. And what's your daughter's fame? Her name

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<v Speaker 1>was Olivia Jane. It was listed I think probably as

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<v Speaker 1>your records as in Janie. When Ron shows up at

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<v Speaker 1>the office, he's told by the receptionist that doctor Malik

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<v Speaker 1>is in the middle of an autopsy elsewhere in the building.

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<v Speaker 1>She motions for him to sit and wait for doctor

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<v Speaker 1>Malick to get back so he can authorize the release

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<v Speaker 1>of the autopsy report. Ron sits in the tight waiting room.

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<v Speaker 1>Then the phone rings, move on and like, okay, I'll go.

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<v Speaker 1>I don't know if you ever talk pay or what?

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<v Speaker 1>Let me kick Yes, come. Doctor Malik invites Ron back

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<v Speaker 1>to his office to explain the autopsy results. I will

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<v Speaker 1>pretend you all to them, to do a lot of

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<v Speaker 1>things for you. Ambo I have for the body. If

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<v Speaker 1>you're left to see if I see it shortly, you don't,

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<v Speaker 1>don't you will see it? Sure? Yeah? Doctor Malick shows

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<v Speaker 1>Ron and photographs and an X ray of Jennie's spine.

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<v Speaker 1>Let's part the junction between the skull and the bone

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<v Speaker 1>then become loose, and the believing was here when she landed.

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<v Speaker 1>The cause of death is an upper spinal cord and

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<v Speaker 1>neck injury. High put extension studn HYGHT extension can snap

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<v Speaker 1>her neck like that. Doctor Mallick clarifies it's a hyper

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<v Speaker 1>extension injury. He says that the next snap back and

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<v Speaker 1>then snap forward with enough force to cause hemorrhaging in

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<v Speaker 1>the upper neck. He says it's severe whiplash and compares

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<v Speaker 1>the injury to one you'd get if you were rear

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<v Speaker 1>ended in a car. When she lived, what would happen?

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<v Speaker 1>Not lucky if she lived? A record with me? Why

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<v Speaker 1>does undertaining Let me explain this to you, because I

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<v Speaker 1>wanted the head for the first hand. Before that, Doctor

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<v Speaker 1>Malick explains why he left. The result is undetermined? Is

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<v Speaker 1>this uh game? As a game? Feeling her own nobody

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<v Speaker 1>touch it could be an extent or that. But if

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<v Speaker 1>somebody just push the ther it can't to change the story.

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<v Speaker 1>Uh As maybe homicide and homicide different. It's a bit

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<v Speaker 1>hard to make out, but here doctor Malick is explaining

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<v Speaker 1>that if someone intended to harm Jenney, that's homicide, but

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<v Speaker 1>there could also be negligence intend to harm her, maybe neighbors,

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<v Speaker 1>and you see what I mean. So he had the

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<v Speaker 1>difference between accident and homicide just a little thin line.

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<v Speaker 1>The difference between accident and homicide is a thin line.

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<v Speaker 1>And because I don't know, I can't U yes, so

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<v Speaker 1>I can't throw it either way. The bottom line is

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<v Speaker 1>he can't rule it either way. He also couldn't tell

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<v Speaker 1>Ron about the missing white pinstriped shirt or why Janie's

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<v Speaker 1>body was wet and covered with sand and dirt. This

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<v Speaker 1>mighty pedipus to show you in order to listen to Roma.

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<v Speaker 1>Here he's saying he doesn't notice any bruising that would

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<v Speaker 1>indicate that someone attacked Jennie. Nobody again seeing and submediate

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<v Speaker 1>the girl landers and had that and snap their neck.

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<v Speaker 1>There are some stretches in the back, as he noted,

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<v Speaker 1>but otherwise no, no, nobody a doctor. Melick seems very

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<v Speaker 1>polite in the tape. He's sympathetic to Ron when Ron

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<v Speaker 1>says he hasn't been getting information from the police. But

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<v Speaker 1>see they haven't told him anything, and he'll ask, I

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<v Speaker 1>mean tell him that he can't, and they say you

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<v Speaker 1>don't need to know that. Well, for me is a

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<v Speaker 1>sorry way, you know, and a way he is a

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<v Speaker 1>father he should he has. Uh, That's why we came

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<v Speaker 1>down here literally, Miss Silver. Let me tell your sense

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<v Speaker 1>against school, the law, the way hit just anything is

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<v Speaker 1>there's some cruel people do as they tell you. The

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<v Speaker 1>uthopic is up confidential, but I'm my father, I don't.

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<v Speaker 1>That's why I do it her if this happened to

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<v Speaker 1>why I would left to know you see what that

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<v Speaker 1>you I do know some people just stick to the

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<v Speaker 1>law and tell the law. But we should be human

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<v Speaker 1>as the child. You know. I know that at that

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<v Speaker 1>funeral home. I know when you saw her she looked

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<v Speaker 1>this way. When I saw her, they had different short arms.

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<v Speaker 1>Ron asked if you could take one of the Autosi photos.

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<v Speaker 1>May may I have this? Doctor Mallick hesitated, but said

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<v Speaker 1>yes you w Later Ron wrote in his notebook that

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<v Speaker 1>what he walked out of the crime lab wod that

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<v Speaker 1>day would become very significant toward helping piece together the

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<v Speaker 1>events of nine nine eighty nine in the death of

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<v Speaker 1>his daughter, sixteen year old Olivia Jane Ward. We'll be

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<v Speaker 1>right back. I'm pouring over autopsy reports trying to find

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<v Speaker 1>similar cases that could explain what happened to Janey. The

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<v Speaker 1>photo doctor Mallet gave to Ron shows a dissection of

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<v Speaker 1>Janey's spinal column. The column is made up of thirty

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<v Speaker 1>three vertebra protecting the spinal cord around the neck. There's

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<v Speaker 1>less space between the bone and the nerves, making it

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<v Speaker 1>much more vulnerable. An arrow points to the injury. Doctor

0:16:00.005 --> 0:16:05.245
<v Speaker 1>Malick examined Janie's stomach. He wrote, the stomach contains ten

0:16:05.285 --> 0:16:09.285
<v Speaker 1>hoursnces of digested food matter, in which tomato particles are encountered.

0:16:09.925 --> 0:16:14.525
<v Speaker 1>No oranges are noted. He mentioned oranges because that's the

0:16:14.605 --> 0:16:17.245
<v Speaker 1>fruit that the party host, Jay had soaked in rubbing

0:16:17.245 --> 0:16:21.285
<v Speaker 1>alcohol for the PGA punch. People at the party saw

0:16:21.365 --> 0:16:24.765
<v Speaker 1>Jane chewing on orange slices, but the contents of the

0:16:24.765 --> 0:16:27.605
<v Speaker 1>stomach were not tested, So if Malach only made a

0:16:27.645 --> 0:16:30.965
<v Speaker 1>visual inspection, it hits me that orange slices soaked in

0:16:31.005 --> 0:16:35.765
<v Speaker 1>red punch would look exactly like tomatoes. He noted that

0:16:35.845 --> 0:16:38.485
<v Speaker 1>it didn't appear that she had any other medical condition

0:16:38.605 --> 0:16:42.725
<v Speaker 1>that would have caused her to drop dead suddenly. Janey's

0:16:42.765 --> 0:16:46.405
<v Speaker 1>blood alcohol level was point zero five, or the equivalent

0:16:46.485 --> 0:16:50.365
<v Speaker 1>of around one shot or glass of beer. No trace

0:16:50.405 --> 0:16:53.685
<v Speaker 1>of drugs was found in her system, which means that

0:16:53.725 --> 0:16:55.845
<v Speaker 1>at least some of the rumors can be put to rest.

0:16:57.165 --> 0:16:59.885
<v Speaker 1>The evidence points to the fact that it wasn't an

0:16:59.925 --> 0:17:04.405
<v Speaker 1>overdose of drugs or drinking that killed Jane. According to

0:17:04.405 --> 0:17:08.405
<v Speaker 1>the rology report, Janney was not pregnant and no blood

0:17:08.485 --> 0:17:11.845
<v Speaker 1>or seamen were found. But there are still so many

0:17:11.885 --> 0:17:16.125
<v Speaker 1>things that are unexplained, like why didn't the crime lab

0:17:16.205 --> 0:17:19.405
<v Speaker 1>test the residue on Jane's body, which Ron insisted was

0:17:19.445 --> 0:17:23.525
<v Speaker 1>from the creek bed. Also, one of the paramedics on

0:17:23.565 --> 0:17:26.885
<v Speaker 1>the scene put a bag around Jannie's hands. This is

0:17:26.925 --> 0:17:29.925
<v Speaker 1>normally done so the material underneath the fingernails can be

0:17:30.005 --> 0:17:33.805
<v Speaker 1>tested later for DNA, but in Janney's case, this was

0:17:33.885 --> 0:17:38.005
<v Speaker 1>never done. This seems to be a huge oversight because

0:17:38.005 --> 0:17:41.765
<v Speaker 1>fingernails can give all kinds of clues. They can point

0:17:41.805 --> 0:17:44.445
<v Speaker 1>to the cause in a natural death case, and they

0:17:44.445 --> 0:17:47.045
<v Speaker 1>can also show if there is DNA from a fight.

0:17:49.565 --> 0:17:52.365
<v Speaker 1>A few weeks after visiting doctor Malick at the crime lab,

0:17:53.005 --> 0:17:55.485
<v Speaker 1>Ron received a copy of his daughter's X rays in

0:17:55.525 --> 0:17:59.605
<v Speaker 1>the mail, but Ron insisted that the x rays were

0:17:59.685 --> 0:18:01.805
<v Speaker 1>not the same ones he saw at the crime lab.

0:18:02.765 --> 0:18:04.645
<v Speaker 1>The X rays looked like they had been tampered with.

0:18:05.645 --> 0:18:09.205
<v Speaker 1>When we met with journalists Mike Masterson and Janie's mom, Mona,

0:18:09.765 --> 0:18:12.965
<v Speaker 1>this was obviously something that still baffles them. The side

0:18:13.085 --> 0:18:15.325
<v Speaker 1>X ray, the one where they blanked it out all

0:18:15.325 --> 0:18:18.085
<v Speaker 1>the way up her neck, which was not the one

0:18:18.125 --> 0:18:19.845
<v Speaker 1>they showed you when you went to the crime lab,

0:18:19.925 --> 0:18:21.885
<v Speaker 1>which she didn't even have the official stamp of the

0:18:21.965 --> 0:18:25.365
<v Speaker 1>crime lab lie in it, so obvious they were tampered with.

0:18:26.045 --> 0:18:28.645
<v Speaker 1>You know, the very area that was supposed to be

0:18:29.805 --> 0:18:33.445
<v Speaker 1>X ray was white it out. You know what when

0:18:33.445 --> 0:18:36.285
<v Speaker 1>you first saw it, because Ronnie dead, he made the statement,

0:18:36.445 --> 0:18:38.885
<v Speaker 1>that's why killed her? Right there it was separated. So

0:18:38.965 --> 0:18:41.125
<v Speaker 1>what was the purpose of an X ray if it's

0:18:41.165 --> 0:18:43.525
<v Speaker 1>all white it out? The lateral X ray shows the

0:18:43.525 --> 0:18:46.485
<v Speaker 1>side of Jannie's skull, but her entire neck is covered

0:18:46.485 --> 0:18:50.165
<v Speaker 1>by a hazy semicircle basically a white blob in the

0:18:50.165 --> 0:18:52.925
<v Speaker 1>bottom part of the X ray film. The crime lab

0:18:53.005 --> 0:18:55.365
<v Speaker 1>seal is also not on this view of the X ray.

0:18:56.845 --> 0:18:59.845
<v Speaker 1>When we asked Mona about doctor Malick, she made her

0:18:59.845 --> 0:19:03.605
<v Speaker 1>feelings clear and he wasn't very smart. You know he

0:19:03.725 --> 0:19:06.885
<v Speaker 1>wasn't smart at all. He was so confident he didn't

0:19:06.925 --> 0:19:10.325
<v Speaker 1>know what he was doing. It was obvious. It was

0:19:10.325 --> 0:19:12.125
<v Speaker 1>so obvious he did not know what he was doing.

0:19:12.765 --> 0:19:15.125
<v Speaker 1>I just wanted to note in case you didn't know this,

0:19:15.845 --> 0:19:19.445
<v Speaker 1>Fammy Malick, he not only watched my sister's case, but

0:19:19.565 --> 0:19:24.045
<v Speaker 1>many many while he was in the Bill Clinton administration

0:19:24.165 --> 0:19:26.245
<v Speaker 1>while he was the governor of the state of Arkansas.

0:19:27.765 --> 0:19:32.085
<v Speaker 1>Fammi Malick's controversial career in the many botched autopsies during

0:19:32.085 --> 0:19:34.925
<v Speaker 1>the years he ran the Arkansas State Crime Lab or

0:19:34.965 --> 0:19:39.085
<v Speaker 1>the stuff of nightmares. By the time doctor Malick performed

0:19:39.085 --> 0:19:42.125
<v Speaker 1>the autopsy on Janey, he'd been working in the crime

0:19:42.205 --> 0:19:45.645
<v Speaker 1>lab for about ten years. At that point, he had

0:19:45.645 --> 0:19:51.205
<v Speaker 1>performed thousands of autopsies. Ron collected articles about doctor Malick.

0:19:52.205 --> 0:19:55.285
<v Speaker 1>One headline from a yellowed article written in nineteen ninety

0:19:55.885 --> 0:19:59.405
<v Speaker 1>accused doctor Malick of lying on the stand, tampering with evidence,

0:19:59.485 --> 0:20:03.365
<v Speaker 1>and manufacturing convictions, and the words wouldn't be the first

0:20:03.405 --> 0:20:07.685
<v Speaker 1>family appalled by doctor Malix's autops the results. Families joined

0:20:07.685 --> 0:20:11.885
<v Speaker 1>together and formed a group called Victims of Malix's Infuriating Testimony.

0:20:12.485 --> 0:20:16.565
<v Speaker 1>The acronym for that group is vomit. The author of

0:20:16.565 --> 0:20:20.605
<v Speaker 1>that article from nineteen ninety was Rod Lorenzen. I asked

0:20:20.645 --> 0:20:24.325
<v Speaker 1>him what made Malix so problematic. He had no oversight

0:20:24.645 --> 0:20:30.485
<v Speaker 1>from state government. His decisions affected things like insurance payouts,

0:20:30.725 --> 0:20:34.725
<v Speaker 1>you know, on life insurance policies. He was in a

0:20:34.765 --> 0:20:40.365
<v Speaker 1>position to do favors for politicians if they needed something

0:20:40.405 --> 0:20:43.245
<v Speaker 1>done in their district, for example, if they needed a

0:20:43.285 --> 0:20:47.165
<v Speaker 1>decision on an autopsy to go a different way. My

0:20:47.245 --> 0:20:51.405
<v Speaker 1>impression was that that would get done, and so he

0:20:51.605 --> 0:20:55.765
<v Speaker 1>just had a lot of power and freedom in how

0:20:55.805 --> 0:20:58.605
<v Speaker 1>he decided cases. You know. That was the one thing.

0:20:58.645 --> 0:21:02.045
<v Speaker 1>This wasn't anybody watching the guy, I don't think. My

0:21:02.125 --> 0:21:05.125
<v Speaker 1>impression was that he was not very good at his job,

0:21:05.165 --> 0:21:09.205
<v Speaker 1>to story, and yet he was there for several years,

0:21:09.205 --> 0:21:12.645
<v Speaker 1>mainly just because there was no ower sight of that position.

0:21:13.165 --> 0:21:16.605
<v Speaker 1>In his article, Rod refers to Malik as a tool

0:21:16.605 --> 0:21:19.405
<v Speaker 1>of the state and points out that in Arkansas at

0:21:19.405 --> 0:21:23.205
<v Speaker 1>the time, the medical examiner held the sole power to

0:21:23.285 --> 0:21:26.845
<v Speaker 1>determine the cause of death. This differs from other states,

0:21:27.125 --> 0:21:29.885
<v Speaker 1>where county coroners also have some input in decisions and

0:21:29.925 --> 0:21:34.565
<v Speaker 1>provide evidence of foul play suspected, but in Arkansas, in

0:21:34.605 --> 0:21:38.925
<v Speaker 1>the late eighties, Malik ran the crime lab. No one

0:21:39.005 --> 0:21:41.805
<v Speaker 1>really knew what happened with the evidence Corners gathered and

0:21:41.845 --> 0:21:44.365
<v Speaker 1>sent to the crime lab and if it was ever

0:21:44.485 --> 0:21:48.525
<v Speaker 1>used in making decisions. Rod told me that while he

0:21:48.565 --> 0:21:51.165
<v Speaker 1>was writing about the crime lab, he reached out to

0:21:51.205 --> 0:21:54.925
<v Speaker 1>doctor Malick multiple times, but that doctor Malik always denied

0:21:54.965 --> 0:21:58.525
<v Speaker 1>requests to speak to media. Then, after Rod wrote his

0:21:58.605 --> 0:22:03.205
<v Speaker 1>pieces about Malik, Malik's attorney threatened to sue him. Rod said,

0:22:03.205 --> 0:22:05.725
<v Speaker 1>when he was writing about the crime lab, he got

0:22:05.765 --> 0:22:09.645
<v Speaker 1>creeped out. Malik's employees were kept on a tight leash

0:22:10.005 --> 0:22:13.125
<v Speaker 1>and afraid of speaking out against him. When I was

0:22:13.165 --> 0:22:15.485
<v Speaker 1>an interview on one of one of the guys that

0:22:15.645 --> 0:22:20.245
<v Speaker 1>worked for Malik, they just called themselves Meathollers. This guy

0:22:20.325 --> 0:22:24.605
<v Speaker 1>told me that in some cases Malik would come into

0:22:24.645 --> 0:22:28.685
<v Speaker 1>the lab and he would know something about, say a

0:22:28.765 --> 0:22:32.205
<v Speaker 1>victim that had come into the lab. And this guy

0:22:32.285 --> 0:22:35.365
<v Speaker 1>told me that Malick would already have his mind made

0:22:35.445 --> 0:22:39.005
<v Speaker 1>up about what the cause of death was gonna be.

0:22:39.605 --> 0:22:43.445
<v Speaker 1>Malix's controversial rulings include the June twenty eighth, nineteen eighty

0:22:43.485 --> 0:22:46.605
<v Speaker 1>five death of Raymond p. Albright, a fifty year old

0:22:46.605 --> 0:22:48.925
<v Speaker 1>man from Mountain home, who was found in his yard

0:22:48.925 --> 0:22:52.765
<v Speaker 1>dead of gunshot wounds. Malik ruled the death of suicide,

0:22:53.565 --> 0:22:56.645
<v Speaker 1>even though Albright had been shot five times in the chest.

0:22:58.765 --> 0:23:01.365
<v Speaker 1>One finding the infamous Boys on the Tracks case in

0:23:01.445 --> 0:23:07.405
<v Speaker 1>Saline County was particularly controversial. On October twenty third, nineteen

0:23:07.445 --> 0:23:11.365
<v Speaker 1>eighty seven, seventeen year old Kevin Ives and sixteen year

0:23:11.365 --> 0:23:14.285
<v Speaker 1>old Don Henry were run over by a train near

0:23:14.325 --> 0:23:18.085
<v Speaker 1>the town of Alexander. Doctor Malick ruled that the boys,

0:23:18.205 --> 0:23:21.205
<v Speaker 1>who were best friends, had been smoking pot and just

0:23:21.245 --> 0:23:24.085
<v Speaker 1>happened to fall asleep on the tracks, but a second

0:23:24.125 --> 0:23:27.365
<v Speaker 1>autopsy indicated that Henry had been stabbed in the back,

0:23:27.885 --> 0:23:30.325
<v Speaker 1>that Ives had been struck on the skull, and that

0:23:30.405 --> 0:23:33.605
<v Speaker 1>both boys probably had been placed on the tracks unconscious,

0:23:34.165 --> 0:23:38.005
<v Speaker 1>maybe already dead. The case would later be linked to

0:23:38.125 --> 0:23:41.205
<v Speaker 1>high level cocaine dealing through an airport in Mina, Arkansas,

0:23:41.805 --> 0:23:47.885
<v Speaker 1>involving state officials at the highest level. Two years after

0:23:47.965 --> 0:23:52.085
<v Speaker 1>Janey died in nineteen ninety one, Malik quit among a

0:23:52.125 --> 0:23:56.285
<v Speaker 1>flurry of allegations that he botched autopsies, and after losing

0:23:56.285 --> 0:24:00.085
<v Speaker 1>the support of then Governor Bill Clinton. He applied for

0:24:00.085 --> 0:24:03.005
<v Speaker 1>a position in Guam, but his employment was put on

0:24:03.085 --> 0:24:05.485
<v Speaker 1>hold after officials there found out about all the contents.

0:24:07.045 --> 0:24:10.965
<v Speaker 1>Malick eventually ended up in Clearwater, Florida. He died in

0:24:11.005 --> 0:24:20.565
<v Speaker 1>August twenty eighteen at the age of eighty five. When

0:24:20.565 --> 0:24:24.005
<v Speaker 1>you ask people in Arkansas about doctor Malick, he's considered

0:24:24.045 --> 0:24:27.765
<v Speaker 1>a pariah in a statewide embarrassment. But when we talked

0:24:27.765 --> 0:24:31.765
<v Speaker 1>with journalist Mike Masterson, he had another perspective on doctor Malick.

0:24:32.565 --> 0:24:35.725
<v Speaker 1>He said he was someone that he once considered a friend. Oh,

0:24:35.765 --> 0:24:37.365
<v Speaker 1>I was going to ask you about I know, you

0:24:37.445 --> 0:24:39.565
<v Speaker 1>told me a little bit about your relationship with Fommy

0:24:39.645 --> 0:24:41.845
<v Speaker 1>and how he was good at his job. But then

0:24:41.845 --> 0:24:44.405
<v Speaker 1>something happened. Yeah, But when he came to Arkansas, he

0:24:44.405 --> 0:24:49.365
<v Speaker 1>replaced a medical examiner named Stephen marx Well. Stephen had

0:24:49.365 --> 0:24:52.725
<v Speaker 1>been canned and I think ended up down in Texas.

0:24:53.285 --> 0:24:57.845
<v Speaker 1>FAMMI started, we became friends. I met him. Pommy started

0:24:57.885 --> 0:25:01.005
<v Speaker 1>telling me about things that he thought, as a journalist

0:25:01.245 --> 0:25:05.845
<v Speaker 1>I should know about involving the medical examiner's office. Well,

0:25:06.165 --> 0:25:09.125
<v Speaker 1>the first one was a girl who had died in

0:25:09.165 --> 0:25:13.285
<v Speaker 1>the Lake Hot Springs. It had been ruled that she drowned.

0:25:14.165 --> 0:25:17.725
<v Speaker 1>He suspected that wasn't true. So I wrote a column

0:25:17.725 --> 0:25:19.965
<v Speaker 1>I'm not called. Back then, I was writing stories. This

0:25:20.045 --> 0:25:22.485
<v Speaker 1>case Mike is describing would end up with the body

0:25:22.525 --> 0:25:25.845
<v Speaker 1>being exhumed and the cause of death change from drowning

0:25:26.005 --> 0:25:28.765
<v Speaker 1>to being shot through the head. And that was just

0:25:28.805 --> 0:25:32.165
<v Speaker 1>the first case that Mike wrote about. Anyway, cases like that,

0:25:32.205 --> 0:25:35.205
<v Speaker 1>there were several, and after they dug up six bodies,

0:25:37.165 --> 0:25:39.765
<v Speaker 1>Bill Clinton said, Okay, we're not going to dig up

0:25:39.805 --> 0:25:43.485
<v Speaker 1>the entire state of Arkansas. Now. I say this only

0:25:43.485 --> 0:25:48.965
<v Speaker 1>because Fomi Malek was at that point struck me very

0:25:49.005 --> 0:25:53.005
<v Speaker 1>much as someone interested in truth and a clean medical

0:25:53.005 --> 0:25:58.445
<v Speaker 1>examiner's office. So another reporter and I after that dug

0:25:58.485 --> 0:26:02.325
<v Speaker 1>into the medical examiner's office and found all kinds of

0:26:03.045 --> 0:26:06.805
<v Speaker 1>stuff wrong with it. Under Stephen Marx Malick seemed to

0:26:06.845 --> 0:26:11.485
<v Speaker 1>be although later in his career he had some pretty

0:26:11.565 --> 0:26:15.045
<v Speaker 1>dark periods until he finally left. During that period, he

0:26:15.085 --> 0:26:17.485
<v Speaker 1>seemed to be trying to help that family, and I

0:26:17.485 --> 0:26:20.805
<v Speaker 1>think he felt for him. He's a father himself. He

0:26:21.365 --> 0:26:23.485
<v Speaker 1>was a smart man. He was from Egypt, but he

0:26:23.525 --> 0:26:27.485
<v Speaker 1>could see the truth this case thinks that I haven't.

0:26:27.725 --> 0:26:31.565
<v Speaker 1>Whatever his motives were, Mike said that doctor Malick inherited

0:26:31.605 --> 0:26:35.205
<v Speaker 1>an already corrupt crime lab, so it's no wonder that

0:26:35.245 --> 0:26:39.445
<v Speaker 1>the Wards would be suspicious of any result. In their eyes,

0:26:39.885 --> 0:26:42.405
<v Speaker 1>Janey's autopsy could be another one that was botched or

0:26:42.445 --> 0:26:48.205
<v Speaker 1>intentionally mishandled to help a political ally. In the years

0:26:48.205 --> 0:26:51.445
<v Speaker 1>that he covered doctor Malick, Rod ended up writing a

0:26:51.485 --> 0:26:56.485
<v Speaker 1>few stories about Janey. I met mister Ward, I guess

0:26:56.605 --> 0:27:01.085
<v Speaker 1>probably twenty years ago at a restaurant, and he's kind

0:27:01.085 --> 0:27:04.085
<v Speaker 1>of showed me a fellow that he had kept on

0:27:04.205 --> 0:27:09.445
<v Speaker 1>his daughter, and he showed me the autopsy photos. And

0:27:11.045 --> 0:27:13.685
<v Speaker 1>it was just very difficult to believe that this girl

0:27:14.925 --> 0:27:18.405
<v Speaker 1>died by falling backwards off a porch ten or twelve

0:27:18.445 --> 0:27:23.965
<v Speaker 1>inches high. I mean, it seemed ridiculous. I remember, really,

0:27:24.325 --> 0:27:26.765
<v Speaker 1>you know, talking with mister Ward, it was he was

0:27:26.805 --> 0:27:29.045
<v Speaker 1>just taunted by the whole thing. I mean, he was

0:27:30.245 --> 0:27:32.125
<v Speaker 1>you could just see in his eyes that he was

0:27:32.165 --> 0:27:38.805
<v Speaker 1>a tortured individual, and he it Goshi. He made an

0:27:38.845 --> 0:27:42.485
<v Speaker 1>incredible effort to try to, you know, see if he

0:27:42.525 --> 0:27:45.485
<v Speaker 1>could he could get it the truth of how his

0:27:45.605 --> 0:27:51.845
<v Speaker 1>daughter died. Before Ron Ward visited the crime lab, he

0:27:51.925 --> 0:27:55.485
<v Speaker 1>knew about doctor Malick's reputation, and when he received the

0:27:55.645 --> 0:28:00.045
<v Speaker 1>X rays, the family grew even more suspicious. So we

0:28:00.125 --> 0:28:03.045
<v Speaker 1>have a medical examiner who some people think is complicit

0:28:03.205 --> 0:28:07.085
<v Speaker 1>in covering up cases for powerful people and Arkansas, and

0:28:07.125 --> 0:28:09.285
<v Speaker 1>we have a crime lab that already has a long

0:28:09.365 --> 0:28:13.085
<v Speaker 1>history of corruption. So here's where Ron made this leap.

0:28:14.245 --> 0:28:16.725
<v Speaker 1>Would doctor Mallick be complicit in a cover up of

0:28:16.765 --> 0:28:20.325
<v Speaker 1>a murder that impacted some of Marshall's elite, like the

0:28:20.365 --> 0:28:23.645
<v Speaker 1>parents of the kids at the party, especially the children

0:28:23.685 --> 0:28:26.925
<v Speaker 1>of the town's doctor, and a judge who delivered Sirce

0:28:27.045 --> 0:28:31.685
<v Speaker 1>County to Bill Clinton. To an outsider, this could all

0:28:31.685 --> 0:28:35.285
<v Speaker 1>sound a little paranoid, But as a great Pi once

0:28:35.325 --> 0:28:40.525
<v Speaker 1>said to me, paranoid people aren't always wrong, especially in Arkansas.

0:28:42.765 --> 0:28:55.325
<v Speaker 1>We'll be right back. Jane's case is officially closed on

0:28:55.365 --> 0:28:59.965
<v Speaker 1>February fourteenth, nineteen ninety, just five months after she died.

0:29:01.405 --> 0:29:04.925
<v Speaker 1>The prosecuting attorney, H. G. Foster sends a letter to

0:29:04.965 --> 0:29:08.205
<v Speaker 1>the Wards to say that the investigation found no evidence

0:29:08.205 --> 0:29:13.085
<v Speaker 1>of foul play in Jane's death. On November fifth, nineteen ninety,

0:29:13.565 --> 0:29:16.965
<v Speaker 1>the Ward family files affidavits calling for the arrest of

0:29:17.005 --> 0:29:20.645
<v Speaker 1>the prosecutor's assigned to the case, the coroner, the deputy sheriff,

0:29:20.885 --> 0:29:27.085
<v Speaker 1>and doctor Mallick the reason conspiracy, perverting and obstructing justice,

0:29:27.085 --> 0:29:30.325
<v Speaker 1>and helping cover up the facts in Olivia janey Ward's death.

0:29:31.445 --> 0:29:35.565
<v Speaker 1>They also submitted a petition with twelve hundred signatures calling

0:29:35.565 --> 0:29:37.965
<v Speaker 1>for a grand jury and an appointment of a special

0:29:38.005 --> 0:29:42.165
<v Speaker 1>prosecutor to look into the case. Their request is denied.

0:29:42.765 --> 0:29:45.805
<v Speaker 1>The judge writes to Ron, in my opinion, there is

0:29:45.845 --> 0:29:48.565
<v Speaker 1>nothing in the evidence reviewed by me that indicates that

0:29:48.725 --> 0:29:56.725
<v Speaker 1>anyone deliberately murdered her daughter. Two years later, Malick was

0:29:56.765 --> 0:30:00.965
<v Speaker 1>gone from the Arkansas State Crime Lab. Arkansas brought in

0:30:01.045 --> 0:30:04.885
<v Speaker 1>two independent medical examiners to review a dozen of Malick's

0:30:04.885 --> 0:30:09.965
<v Speaker 1>controversial autopsies, one of which was Jennie's and Janey's was

0:30:10.005 --> 0:30:12.725
<v Speaker 1>the only case reviewed where they ended up changing the

0:30:12.725 --> 0:30:14.925
<v Speaker 1>cause of death on the desert teet. Of all the

0:30:14.965 --> 0:30:20.165
<v Speaker 1>cases we looked at, I think I'm not sure what that.

0:30:21.085 --> 0:30:23.405
<v Speaker 1>Ron and Mona spoke with the two pathologists when they

0:30:23.405 --> 0:30:27.565
<v Speaker 1>were in Arkansas, Like he always did, Ron recorded the conversation,

0:30:28.205 --> 0:30:32.165
<v Speaker 1>and over the years this tape sound quality has seriously degreed. Well,

0:30:32.205 --> 0:30:35.445
<v Speaker 1>am I asking to turn what happened? We ask what

0:30:35.645 --> 0:30:39.685
<v Speaker 1>didn't happen? We know he did not offer biopaper in

0:30:39.925 --> 0:30:44.165
<v Speaker 1>course of the pont aug andrew a lot. We know this,

0:30:44.725 --> 0:30:46.765
<v Speaker 1>so we don't have to content with a dull let's

0:30:46.765 --> 0:30:50.765
<v Speaker 1>feel about Okay, we did tell us that what didn't

0:30:50.805 --> 0:30:53.605
<v Speaker 1>happen because we've I didn't know this, so so we

0:30:53.645 --> 0:30:56.765
<v Speaker 1>can go from there. So we want a grand jury.

0:30:57.485 --> 0:31:01.725
<v Speaker 1>We have to know. The Holling me is just all.

0:31:03.805 --> 0:31:06.085
<v Speaker 1>The main thing the family takes away from this meeting

0:31:06.725 --> 0:31:10.085
<v Speaker 1>is that, by looking at the autopsy report, the pathologists

0:31:10.245 --> 0:31:14.245
<v Speaker 1>can't say definitively what killed Jane. They say that some

0:31:14.365 --> 0:31:18.045
<v Speaker 1>of the circumstantial evidence is concerning, like the fact that

0:31:18.165 --> 0:31:21.685
<v Speaker 1>she was wet and the sand on her clothes. They

0:31:21.765 --> 0:31:26.525
<v Speaker 1>suggest that another investigation could yield more answers. The most

0:31:26.565 --> 0:31:29.845
<v Speaker 1>surprising thing these pathologists say is that they are not

0:31:30.085 --> 0:31:33.965
<v Speaker 1>convinced that Jane even died of a spinal injury. Presented

0:31:34.005 --> 0:31:35.765
<v Speaker 1>to me, all the evidence that I have, all the

0:31:35.845 --> 0:31:40.165
<v Speaker 1>autopsis time, the photographs that I've got do not indicate

0:31:40.205 --> 0:31:43.205
<v Speaker 1>the lead that a child dies and techondry, I can't

0:31:43.245 --> 0:31:44.565
<v Speaker 1>tell you that. So you asked me to tell you

0:31:44.645 --> 0:31:46.965
<v Speaker 1>what didn't happen. In the way it looks right now

0:31:47.245 --> 0:31:53.885
<v Speaker 1>that didn't happen okay. Suspicion is that they suggest a

0:31:53.925 --> 0:31:57.165
<v Speaker 1>sudden cardiac event could have been the cause, and they

0:31:57.205 --> 0:32:00.445
<v Speaker 1>say they can't rule out drowning. Drowning is often a

0:32:00.525 --> 0:32:03.925
<v Speaker 1>diagnosis of exclusion. It's not considered a cause of death

0:32:04.045 --> 0:32:07.805
<v Speaker 1>until everything else is ruled out. But Mona and Ron

0:32:07.885 --> 0:32:10.765
<v Speaker 1>are adamant about the X rays. They want to know

0:32:10.845 --> 0:32:13.325
<v Speaker 1>what the pathologists have to say about the lateral view

0:32:13.325 --> 0:32:15.925
<v Speaker 1>of the X ray where Janie's spine looks like it's

0:32:15.925 --> 0:32:20.565
<v Speaker 1>been whited out. First, the pathologists emphasize that they are

0:32:20.645 --> 0:32:23.845
<v Speaker 1>not radiologists, so they are cautious about their opinions on

0:32:23.925 --> 0:32:26.805
<v Speaker 1>the X ray. They also say that the X ray

0:32:26.885 --> 0:32:30.005
<v Speaker 1>images and the photos they received of Janey were photocopies

0:32:30.485 --> 0:32:34.845
<v Speaker 1>and very unclear. But they don't find the white blob

0:32:35.005 --> 0:32:36.885
<v Speaker 1>in the foreground of the side view of the X

0:32:37.005 --> 0:32:45.205
<v Speaker 1>ray suspicious white obstruction there. They suggest the blob could

0:32:45.285 --> 0:32:47.685
<v Speaker 1>just be your shoulder and explain that it's difficult to

0:32:47.765 --> 0:32:51.725
<v Speaker 1>situate a body on an X ray table. Also, they're

0:32:51.765 --> 0:32:54.005
<v Speaker 1>not suspicious that there isn't a crime lab seal on

0:32:54.045 --> 0:32:58.445
<v Speaker 1>the X ray. But then one of the pathologists says, this,

0:32:59.325 --> 0:33:02.605
<v Speaker 1>I have a certain suspicion, and a greated the lateral

0:33:02.685 --> 0:33:10.525
<v Speaker 1>film that you should be the color true daughter. He says,

0:33:11.405 --> 0:33:14.325
<v Speaker 1>I have a certain suspicion the lateral isn't your daughter.

0:33:14.965 --> 0:33:18.445
<v Speaker 1>In fact, I think it might be a male. So

0:33:18.845 --> 0:33:21.165
<v Speaker 1>did the crime lab even give the Wards the correct

0:33:21.325 --> 0:33:30.325
<v Speaker 1>X ray? The pathologists changed Janey's death certificate. Cause of

0:33:30.405 --> 0:33:34.485
<v Speaker 1>death is no longer listed as a neck and spinal injury. Instead,

0:33:35.085 --> 0:33:39.485
<v Speaker 1>just like the manner of death, it's undetermined. But the

0:33:39.605 --> 0:33:43.365
<v Speaker 1>Wards couldn't convince officials to do a second autopsy, at

0:33:43.445 --> 0:33:48.325
<v Speaker 1>least not yet. In two thousand and four, an independent

0:33:48.405 --> 0:33:52.485
<v Speaker 1>medical examiner based in San Diego agreed to review Janie's death.

0:33:54.045 --> 0:33:57.565
<v Speaker 1>He would come to a completely different conclusion. He said

0:33:57.965 --> 0:34:02.485
<v Speaker 1>that Janey was murdered. I'm Catherine Townsend and this is

0:34:02.525 --> 0:34:13.565
<v Speaker 1>Helen Gone. Helen Gone is a joint production between School

0:34:13.605 --> 0:34:17.525
<v Speaker 1>of Humans and iHeartRadio. It is written and recorded by me.

0:34:17.845 --> 0:34:22.125
<v Speaker 1>Katherine Townsend. Taylor Church and Gabby Watts are our producers

0:34:22.245 --> 0:34:27.045
<v Speaker 1>and story editors. Executive producers are Brandon Barr, Brian Lavin,

0:34:27.205 --> 0:34:30.125
<v Speaker 1>and L. C. Crowley for School of Humans and Connell

0:34:30.165 --> 0:34:34.005
<v Speaker 1>Byrne and Chuck Bryant for iHeart our Field. Producer is

0:34:34.085 --> 0:34:37.925
<v Speaker 1>Miranda Hawkins. Theme and original score are by Ben Sale

0:34:38.725 --> 0:34:42.045
<v Speaker 1>available wherever you get your music. Please visit us at

0:34:42.085 --> 0:34:46.045
<v Speaker 1>helen gonpodcast dot com or follow us on social media.

0:35:01.885 --> 0:35:02.725
<v Speaker 1>School of Humans