1 00:00:00,480 --> 00:00:03,080 Speaker 1: In recording our coverage of Barry Beach, we realize that 2 00:00:03,120 --> 00:00:06,000 Speaker 1: there are so many details and twists and turns that 3 00:00:06,040 --> 00:00:09,960 Speaker 1: the story simply warrants two episodes, so we've split the 4 00:00:10,000 --> 00:00:12,800 Speaker 1: episode and released both for your listening pleasure at the 5 00:00:12,800 --> 00:00:14,440 Speaker 1: same time. Enjoy. 6 00:00:17,640 --> 00:00:21,840 Speaker 2: On Montana's Fort Peck Reservation, just after seven am June sixteenth, 7 00:00:21,960 --> 00:00:25,279 Speaker 2: nineteen seventy nine, the body of seventeen year old Chimneys 8 00:00:25,480 --> 00:00:28,680 Speaker 2: was found on the bank of the Poplar River. Her 9 00:00:28,680 --> 00:00:31,120 Speaker 2: car was parked about one hundred yards away, and it 10 00:00:31,120 --> 00:00:34,400 Speaker 2: appeared to be the scene of a vicious beating, potentially 11 00:00:34,400 --> 00:00:38,720 Speaker 2: involving multiple assailants. Bootprints could be seen in the path 12 00:00:38,800 --> 00:00:41,519 Speaker 2: from the car to the river, and fingerprints made in 13 00:00:41,600 --> 00:00:44,680 Speaker 2: blood were found on the interior and exterior of the car. 14 00:00:45,920 --> 00:00:49,640 Speaker 2: The police interrogated many local young men, including Barry Beach, 15 00:00:49,640 --> 00:00:52,440 Speaker 2: who was initially cleared as a suspect, and for three 16 00:00:52,440 --> 00:00:56,800 Speaker 2: and a half years the case remained cold. Barry Beach 17 00:00:56,880 --> 00:00:59,920 Speaker 2: moved to Louisiana to build a relationship with his strange father. 18 00:01:00,640 --> 00:01:03,800 Speaker 2: When his stepsister ran away and ended up in his apartment, 19 00:01:04,160 --> 00:01:08,160 Speaker 2: Barry's stepmother notified police, also making sure to mention that 20 00:01:08,200 --> 00:01:11,600 Speaker 2: Barry had been interviewed three times about a murder in Montana. 21 00:01:12,600 --> 00:01:16,520 Speaker 2: The police in Monroe, Louisiana interrogated Barry about three open 22 00:01:16,680 --> 00:01:20,160 Speaker 2: serial murders involving young women, but having been out of 23 00:01:20,240 --> 00:01:23,319 Speaker 2: state for each, they began pressing him about the murder 24 00:01:23,360 --> 00:01:27,440 Speaker 2: back in Montana. Eventually, Barry gave a confession that was 25 00:01:27,480 --> 00:01:31,240 Speaker 2: presented at his trial. With a confession as well as 26 00:01:31,280 --> 00:01:34,080 Speaker 2: the specter of a potential hair match, a punishment of 27 00:01:34,160 --> 00:01:37,039 Speaker 2: life plus one hundred years must have seemed like justice 28 00:01:37,160 --> 00:01:40,800 Speaker 2: was being served by the state of Montana. But this 29 00:01:41,560 --> 00:01:59,480 Speaker 2: is wrongful conviction. Welcome back to wrongful conviction. I don't 30 00:01:59,480 --> 00:02:02,360 Speaker 2: even know what to say. I'm actually at a loss 31 00:02:02,360 --> 00:02:04,920 Speaker 2: for words. What I'm going to do is just start 32 00:02:05,840 --> 00:02:11,120 Speaker 2: by apologizing, Okay, to our guest today, Barry Beach, for 33 00:02:11,280 --> 00:02:15,280 Speaker 2: what is one of the most egregious injustices that I 34 00:02:15,440 --> 00:02:18,800 Speaker 2: have ever seen in almost thirty years of doing this work. 35 00:02:18,960 --> 00:02:22,760 Speaker 2: So this story is going to blow people's minds anyway, 36 00:02:22,840 --> 00:02:26,320 Speaker 2: without further ado, Barry Beach, Welcome to ronfel conviction. 37 00:02:26,720 --> 00:02:28,440 Speaker 3: Thank you, Jason, and good morning to you. 38 00:02:28,720 --> 00:02:31,440 Speaker 2: And as I always say, I'm happy you're here because 39 00:02:31,440 --> 00:02:33,480 Speaker 2: I'm honored to talk to you, but I'm sorry you're 40 00:02:33,480 --> 00:02:36,280 Speaker 2: here because of everything, the hell that you went through 41 00:02:36,440 --> 00:02:38,360 Speaker 2: that is going to form the basis of the story 42 00:02:38,400 --> 00:02:40,920 Speaker 2: we're about to tell. And we'll also be talking to 43 00:02:40,960 --> 00:02:42,799 Speaker 2: one of the heroes in this story in a bit, 44 00:02:43,160 --> 00:02:46,240 Speaker 2: an investigator named Richard Hepburn, who helped unravel the open 45 00:02:46,320 --> 00:02:49,840 Speaker 2: secret the prevailing wisdom of a small town in Montana, 46 00:02:49,880 --> 00:02:53,880 Speaker 2: which is what actually happened on a terrible night on 47 00:02:53,919 --> 00:02:56,760 Speaker 2: a hillside next to the Popular River all those years ago. 48 00:02:57,280 --> 00:02:59,960 Speaker 2: But let's go all the way back to your childhood. 49 00:03:00,040 --> 00:03:01,840 Speaker 2: Did you grow up there in Poplar, Montana? 50 00:03:02,120 --> 00:03:05,440 Speaker 3: I actually grew up in several different locations, but mainly 51 00:03:06,160 --> 00:03:10,240 Speaker 3: in Poplar, Montana, on the Fort Peck Indian Reservation in 52 00:03:10,320 --> 00:03:13,800 Speaker 3: the northeast corner of the state of Montana. In a 53 00:03:13,840 --> 00:03:16,960 Speaker 3: lot of ways, I had a very normal and happy 54 00:03:17,560 --> 00:03:21,880 Speaker 3: childhood because my grandparents owned a large farm and ranch, 55 00:03:21,960 --> 00:03:26,440 Speaker 3: and that was the best memories of my childhood was 56 00:03:26,560 --> 00:03:29,079 Speaker 3: the horses and the cattle and the chores and the 57 00:03:29,120 --> 00:03:32,840 Speaker 3: work and the labor, you know. But along with that, 58 00:03:33,120 --> 00:03:37,280 Speaker 3: my mother was divorced when I was two years old 59 00:03:37,800 --> 00:03:41,360 Speaker 3: from my father, who was an Air forceman. And was 60 00:03:41,400 --> 00:03:45,320 Speaker 3: stationed in several different locations during my early years of life. 61 00:03:45,640 --> 00:03:47,200 Speaker 2: You did get to know a bit the year that 62 00:03:47,240 --> 00:03:49,880 Speaker 2: this incident happened, I guess when he was stationed down 63 00:03:49,880 --> 00:03:50,560 Speaker 2: in Louisiana. 64 00:03:50,640 --> 00:03:54,800 Speaker 3: Right, for over a year and a half, maybe two years, 65 00:03:55,560 --> 00:03:59,760 Speaker 3: I had been trying to leave Poplar, Montana and discover 66 00:03:59,840 --> 00:04:02,840 Speaker 3: my my biological father, who I did not know until 67 00:04:02,880 --> 00:04:06,160 Speaker 3: I was seventeen. That being said, I had actually gone 68 00:04:06,200 --> 00:04:09,080 Speaker 3: to work for a local farmer, saved up some money, 69 00:04:09,240 --> 00:04:12,200 Speaker 3: purchased a car, was going to drive down there and 70 00:04:12,360 --> 00:04:15,720 Speaker 3: spend the summer with my biological father for the first 71 00:04:15,760 --> 00:04:18,880 Speaker 3: time in my entire life. So I don't know my 72 00:04:19,040 --> 00:04:22,159 Speaker 3: dad from my childhood, but I had a stepfather who 73 00:04:22,240 --> 00:04:26,640 Speaker 3: was a full blood Lakota Sioux. And just like any 74 00:04:26,760 --> 00:04:31,480 Speaker 3: racial tension area in the United States of America, reservations 75 00:04:31,640 --> 00:04:35,400 Speaker 3: were racially tense areas to live. That doesn't make it 76 00:04:35,440 --> 00:04:37,560 Speaker 3: a bad place to live, It's just that there was 77 00:04:37,600 --> 00:04:41,200 Speaker 3: always that conflict growing up in a mixed race home, 78 00:04:41,520 --> 00:04:43,880 Speaker 3: and it created problems at school and. 79 00:04:44,360 --> 00:04:46,840 Speaker 2: Right, you were from a mixed race household going to 80 00:04:46,880 --> 00:04:49,960 Speaker 2: school in Poplar, Montana, a small farming and oil community 81 00:04:49,960 --> 00:04:52,960 Speaker 2: where over seventy percent of the population were Native American, 82 00:04:53,120 --> 00:04:57,400 Speaker 2: maybe twenty eight percent white. Also notable about the population 83 00:04:57,560 --> 00:04:59,800 Speaker 2: is that there were only about a little over that 84 00:05:00,080 --> 00:05:02,279 Speaker 2: some people living there, and the typic of graduating class 85 00:05:02,320 --> 00:05:06,279 Speaker 2: was around twenty kids, so you all knew each other 86 00:05:06,600 --> 00:05:10,320 Speaker 2: pretty well even between grades, you know, which put you 87 00:05:10,480 --> 00:05:15,039 Speaker 2: in close proximity with the victim in this case, Kim Niese, 88 00:05:15,360 --> 00:05:17,599 Speaker 2: a young white woman who was a great ahead of you. 89 00:05:18,080 --> 00:05:21,040 Speaker 3: We actually grew up on the same block, just four 90 00:05:21,080 --> 00:05:24,000 Speaker 3: houses apart from each other, and one of the things 91 00:05:24,000 --> 00:05:27,720 Speaker 3: that I've been talking about is the aspect of mixed 92 00:05:28,080 --> 00:05:31,800 Speaker 3: racial tensions on the reservation as we grew up as kids. 93 00:05:32,200 --> 00:05:35,440 Speaker 3: Kim Nice was also the granddaughter of a state senator. 94 00:05:36,040 --> 00:05:41,679 Speaker 3: Her uncle, Stanley was the local banker. Her dad, Ted 95 00:05:42,000 --> 00:05:44,640 Speaker 3: was a farmer as well as involved with some of 96 00:05:44,680 --> 00:05:49,839 Speaker 3: the local oil explorations. So Kim was on that upper 97 00:05:50,920 --> 00:05:57,920 Speaker 3: level of school of classmates of society. Growing up in 98 00:05:57,920 --> 00:06:02,160 Speaker 3: in the United States of America are the most poverty 99 00:06:02,240 --> 00:06:06,719 Speaker 3: stricken areas of our entire nation, which is a Native 100 00:06:06,720 --> 00:06:08,320 Speaker 3: American reservation. 101 00:06:08,240 --> 00:06:11,719 Speaker 2: So she kind of stood out a bit in the area, 102 00:06:11,920 --> 00:06:14,520 Speaker 2: as did her sister, who was two years behind. 103 00:06:14,200 --> 00:06:18,280 Speaker 3: You, and I actually dated Kim's younger sister, Pam, off 104 00:06:18,279 --> 00:06:20,960 Speaker 3: and on for over two years, and we were still 105 00:06:21,080 --> 00:06:23,520 Speaker 3: kind of dating off and on when this happened. 106 00:06:24,120 --> 00:06:26,320 Speaker 2: And you had seen her on the day of the murder, 107 00:06:26,360 --> 00:06:27,920 Speaker 2: right earlier in the day. 108 00:06:28,120 --> 00:06:31,719 Speaker 3: I had seen Pam and we talked for twenty minutes 109 00:06:31,800 --> 00:06:34,120 Speaker 3: or so that day before I left town for the river. 110 00:06:34,360 --> 00:06:36,640 Speaker 3: I did not see Kim because Kim and I did 111 00:06:36,680 --> 00:06:42,040 Speaker 3: not associate with each other, being that Kim was very athletic, 112 00:06:42,279 --> 00:06:46,440 Speaker 3: she was the upper social class of society. I was 113 00:06:46,480 --> 00:06:51,159 Speaker 3: a known drug user and alcoholic and fighter, and drove 114 00:06:51,240 --> 00:06:54,159 Speaker 3: fast cars and liked rock and music. I was the 115 00:06:54,279 --> 00:06:57,479 Speaker 3: guy that you do not take home. DeMont got it. 116 00:06:57,520 --> 00:06:59,479 Speaker 2: So I guess her sister was really just kind of 117 00:06:59,480 --> 00:07:02,719 Speaker 2: rebelling by dating you. I mean, from what I understand, 118 00:07:02,760 --> 00:07:05,760 Speaker 2: in addition to being a wild kind of guy, you 119 00:07:05,800 --> 00:07:08,159 Speaker 2: and your family were not as well off, not even 120 00:07:08,160 --> 00:07:09,480 Speaker 2: close as the News family. 121 00:07:09,920 --> 00:07:15,120 Speaker 3: We were a lower to middle class family economically, even 122 00:07:15,160 --> 00:07:19,160 Speaker 3: though we were a hard working family. It just sometimes 123 00:07:19,200 --> 00:07:23,240 Speaker 3: you can work really hard not go anywhere. But by 124 00:07:23,280 --> 00:07:25,960 Speaker 3: the time I did get into high school, I was 125 00:07:26,280 --> 00:07:29,640 Speaker 3: fairly regular user. And I do think that along with 126 00:07:29,880 --> 00:07:35,120 Speaker 3: being from a biracial family, contributed to making myself a 127 00:07:35,200 --> 00:07:37,840 Speaker 3: susceptible target for law enforcement. 128 00:07:38,240 --> 00:07:40,920 Speaker 2: But up until this point, your run ins with the 129 00:07:41,000 --> 00:07:45,720 Speaker 2: law consisted of a few traffic tickets, so no prior 130 00:07:46,400 --> 00:07:50,280 Speaker 2: violence or criminal record to speak of. And there's something 131 00:07:50,400 --> 00:07:53,760 Speaker 2: about the jurisdiction of law enforcement on a reservation that's 132 00:07:53,880 --> 00:07:55,920 Speaker 2: a bit complicated. 133 00:07:55,360 --> 00:08:00,760 Speaker 3: Right correct. In nineteen sixty two, the federal government passed 134 00:08:00,760 --> 00:08:04,600 Speaker 3: what is called Public Law six point eighty. Native American 135 00:08:04,920 --> 00:08:09,880 Speaker 3: Indian reservations are federal land established by the federal government 136 00:08:09,960 --> 00:08:16,520 Speaker 3: during the eighteen hundreds. Therefore, the FBI have jurisdiction over 137 00:08:16,560 --> 00:08:24,200 Speaker 3: that land. However, Native American tribes are independent governments nations, 138 00:08:24,880 --> 00:08:27,600 Speaker 3: so they control the land even though it belongs to 139 00:08:27,640 --> 00:08:31,080 Speaker 3: the federal government. Where that applies to jurisdiction is when 140 00:08:31,120 --> 00:08:35,400 Speaker 3: there is a major crime such as a robbery, homicide, kidnapping, 141 00:08:36,000 --> 00:08:40,480 Speaker 3: that takes place on a reservation. It is immediately the 142 00:08:40,600 --> 00:08:46,439 Speaker 3: jurisdiction of the FBI until it is established that the 143 00:08:46,480 --> 00:08:51,200 Speaker 3: perpetrator of that crime is not an enrolled tribal member. 144 00:08:51,720 --> 00:08:57,120 Speaker 3: So on the reservations you have four, possibly five different 145 00:08:57,440 --> 00:09:03,840 Speaker 3: law enforcement agencies with split jurisdiction and control. So you 146 00:09:03,880 --> 00:09:06,719 Speaker 3: will have at the bottom of it what they call 147 00:09:06,760 --> 00:09:10,720 Speaker 3: the BIA Police, which is a federally funded tribal police. 148 00:09:10,920 --> 00:09:15,040 Speaker 3: Then you're going to have your city police, which controls 149 00:09:15,360 --> 00:09:20,440 Speaker 3: the city limits, mainly involving non Native Americans. Then you 150 00:09:20,480 --> 00:09:24,840 Speaker 3: have your county Sheriff's department, who will control the county, 151 00:09:25,040 --> 00:09:29,280 Speaker 3: but they only have jurisdiction over non tribal members. And 152 00:09:29,320 --> 00:09:33,319 Speaker 3: then you have the FBI, who have jurisdiction over tribal 153 00:09:33,360 --> 00:09:37,839 Speaker 3: members and tribal lands and over all of those agencies. 154 00:09:38,400 --> 00:09:41,400 Speaker 2: Sounds like a recipe for at a minimum, confusion and 155 00:09:41,480 --> 00:09:45,560 Speaker 2: potentially disaster, since when anything happens on the reservation, there's 156 00:09:46,080 --> 00:09:49,960 Speaker 2: not just one single agency that's responsible and accountable. You 157 00:09:50,040 --> 00:09:54,120 Speaker 2: have all these competing agencies mucking up the crime scene 158 00:09:54,160 --> 00:09:58,079 Speaker 2: together trying to figure out who should ultimately be working 159 00:09:58,120 --> 00:10:01,480 Speaker 2: the case or have jurisdiction, and by the time that's determined, 160 00:10:02,000 --> 00:10:06,520 Speaker 2: so many different hands, different people have tainted the investigation, 161 00:10:07,280 --> 00:10:10,120 Speaker 2: which unfortunately happened here with the death of Kimneys and 162 00:10:10,160 --> 00:10:14,200 Speaker 2: the investigation that included all of these agencies, not to 163 00:10:14,240 --> 00:10:20,280 Speaker 2: mention also the police in Monroe, Louisiana that ultimately led. 164 00:10:20,440 --> 00:10:23,280 Speaker 2: All of this just led to your prosecution, leaving the 165 00:10:23,320 --> 00:10:28,040 Speaker 2: true perpetrators free. So let's get into that. So this crime, 166 00:10:28,200 --> 00:10:31,600 Speaker 2: this horrible crime, took place on the early morning hours 167 00:10:31,640 --> 00:10:35,760 Speaker 2: of June sixteenth of nineteen seventy nine. Kimberly Neese was 168 00:10:35,840 --> 00:10:39,200 Speaker 2: murdered at the Poplar River on the Fort Peck Indian 169 00:10:39,240 --> 00:10:43,640 Speaker 2: Reservation near Fort Peck, Montana. Now, she was a by 170 00:10:43,679 --> 00:10:46,320 Speaker 2: all accounts, a lovely seventeen year old girl who had 171 00:10:46,360 --> 00:10:50,240 Speaker 2: just graduated from high school. And she graduated as valedictorian. 172 00:10:50,280 --> 00:10:53,559 Speaker 2: Which you know, it doesn't matter because this shouldn't have 173 00:10:53,559 --> 00:10:55,320 Speaker 2: happened to anyone, but it kind of makes it even 174 00:10:55,480 --> 00:10:58,400 Speaker 2: feel worse. It's giving me the chills. That night, that 175 00:10:58,520 --> 00:11:00,440 Speaker 2: faithful night, she went to a drive in movie with 176 00:11:00,480 --> 00:11:03,640 Speaker 2: her boyfriend, a guy named Greg Norgard, and he dropped 177 00:11:03,679 --> 00:11:06,480 Speaker 2: Knees off at her home right after the movie. Well, 178 00:11:06,840 --> 00:11:09,800 Speaker 2: she was home for about fifteen minutes before she left 179 00:11:09,800 --> 00:11:13,480 Speaker 2: in her dad's truck around twelve eighteen am, r after midnight. Now, 180 00:11:13,520 --> 00:11:17,040 Speaker 2: witnesses reported seeing her parked at the Exxon gas station 181 00:11:17,120 --> 00:11:19,520 Speaker 2: on Highway To around twelve thirty, and she was later 182 00:11:19,559 --> 00:11:23,400 Speaker 2: seen following several cars towards the Poplar River at one am. 183 00:11:23,720 --> 00:11:25,760 Speaker 2: Now to set the stage, the Poplar River was an 184 00:11:25,800 --> 00:11:28,440 Speaker 2: area where kids would go to drink and smoke pod 185 00:11:28,480 --> 00:11:31,440 Speaker 2: and party until late at night, like countless other places 186 00:11:31,520 --> 00:11:32,760 Speaker 2: like it all around the country. 187 00:11:32,960 --> 00:11:36,960 Speaker 3: Yeah, the Poplar River had had several areas. There are 188 00:11:37,000 --> 00:11:40,560 Speaker 3: four or five areas because it encircled the town on 189 00:11:40,760 --> 00:11:44,360 Speaker 3: three different sides. But the train bridge was definitely one 190 00:11:44,360 --> 00:11:47,000 Speaker 3: of the areas where people not only partied, but they 191 00:11:47,040 --> 00:11:50,080 Speaker 3: would go down there to swim and hang out. The 192 00:11:50,160 --> 00:11:52,960 Speaker 3: boat docks were down in that area. It was a 193 00:11:53,080 --> 00:11:55,880 Speaker 3: local park as well, so there was a baseball field 194 00:11:55,880 --> 00:11:56,400 Speaker 3: down there. 195 00:11:56,640 --> 00:12:00,440 Speaker 2: So it's an area that you might find in any town, 196 00:12:00,600 --> 00:12:03,280 Speaker 2: USA where kids just go to hang out. And sometimes 197 00:12:03,640 --> 00:12:05,760 Speaker 2: I find it helpful to look a place up on 198 00:12:05,840 --> 00:12:08,720 Speaker 2: Google Maps, and here you have, like Barry said, the 199 00:12:08,800 --> 00:12:12,600 Speaker 2: Poplar River that encircles the town on three sides, along 200 00:12:12,640 --> 00:12:16,720 Speaker 2: with the Missouri River. US Route two runs through the 201 00:12:16,760 --> 00:12:19,560 Speaker 2: town and as it heads west out of town it 202 00:12:19,679 --> 00:12:22,720 Speaker 2: meets the Poplar River, you can see a train track 203 00:12:22,720 --> 00:12:24,720 Speaker 2: that also crosses the river just to the south. So 204 00:12:25,800 --> 00:12:28,000 Speaker 2: this is where it happened. And from what I understand, 205 00:12:28,080 --> 00:12:30,520 Speaker 2: there's a hill that runs down to the river from 206 00:12:30,520 --> 00:12:34,440 Speaker 2: where some younger kids heard what happened that night. In fact, 207 00:12:34,480 --> 00:12:37,320 Speaker 2: there may have been a whole bunch of eyewitnesses who 208 00:12:37,320 --> 00:12:40,000 Speaker 2: were close to this murder that simply never came forward 209 00:12:40,040 --> 00:12:44,040 Speaker 2: for fear of reprisal. But what witnesses did feel safe 210 00:12:44,080 --> 00:12:47,720 Speaker 2: reporting was that Kimney's's car was seen around one am, 211 00:12:47,880 --> 00:12:51,040 Speaker 2: following several other cars to this area, and then at 212 00:12:51,080 --> 00:12:54,959 Speaker 2: four AM, two of the tribal police officers observed the 213 00:12:55,000 --> 00:12:58,040 Speaker 2: truck parked in the deserted field near the Poplar River, 214 00:12:58,120 --> 00:12:59,760 Speaker 2: but they didn't feel the need to check it out 215 00:12:59,760 --> 00:13:02,280 Speaker 2: of the time, it was just a truck parked in 216 00:13:02,360 --> 00:13:06,040 Speaker 2: a field. Around seven am that morning, as the officers 217 00:13:06,080 --> 00:13:08,400 Speaker 2: were driving back into town, they noticed that the same 218 00:13:08,440 --> 00:13:12,000 Speaker 2: truck was still there and they decided to investigate further. 219 00:13:12,760 --> 00:13:16,080 Speaker 2: They found blood in the interior of the truck, a 220 00:13:16,160 --> 00:13:18,000 Speaker 2: large pull of blood at a clump of hair near 221 00:13:18,040 --> 00:13:20,800 Speaker 2: the passenger side, and a trail of blood leading down 222 00:13:20,840 --> 00:13:24,280 Speaker 2: to the river. When they followed the trail, sure enough, 223 00:13:24,320 --> 00:13:29,040 Speaker 2: they found this poor girl's lifeless body a semi submerged 224 00:13:29,200 --> 00:13:30,520 Speaker 2: in the Poplar River. 225 00:13:31,120 --> 00:13:34,520 Speaker 3: Correct, But there actually were calls that we'd later found 226 00:13:34,559 --> 00:13:39,199 Speaker 3: out years later that took place from several different citizens 227 00:13:39,240 --> 00:13:44,760 Speaker 3: to law enforcement at about two o'clock reporting loud female 228 00:13:44,840 --> 00:13:48,560 Speaker 3: voices and screams in the area of the park. And 229 00:13:48,800 --> 00:13:53,080 Speaker 3: there is actually one report that a city police officer 230 00:13:53,400 --> 00:13:56,720 Speaker 3: by the name of Stevie Greyhawks supposedly went down there 231 00:13:57,240 --> 00:14:00,880 Speaker 3: and checked on those reports and reported that there was 232 00:14:00,920 --> 00:14:02,960 Speaker 3: nothing down there interesting. 233 00:14:03,760 --> 00:14:09,360 Speaker 2: Stevie Greyhawk. Let's let's tuck that name away because it's 234 00:14:09,400 --> 00:14:13,120 Speaker 2: going to come back around later. So it seems like 235 00:14:13,240 --> 00:14:16,840 Speaker 2: this crime should have been discovered sometime after two am 236 00:14:16,960 --> 00:14:21,400 Speaker 2: by this city police officer, but it wasn't reported to 237 00:14:21,440 --> 00:14:25,040 Speaker 2: be discovered until seven am by the tribal police. 238 00:14:25,560 --> 00:14:28,960 Speaker 3: Tribal police officers noticed the vehicle and went down there 239 00:14:28,960 --> 00:14:32,000 Speaker 3: and found the body. They called the city police department 240 00:14:32,360 --> 00:14:35,800 Speaker 3: and the Sheriff's department, and the Sheriff's department then called 241 00:14:35,800 --> 00:14:36,520 Speaker 3: the FBI. 242 00:14:37,080 --> 00:14:40,280 Speaker 2: Wow. So this complex web of law enforcement has already 243 00:14:40,280 --> 00:14:44,200 Speaker 2: given us a lazy and unaccountable investigation into what was 244 00:14:44,240 --> 00:14:47,160 Speaker 2: going on down by the river at two am. And 245 00:14:47,200 --> 00:14:51,080 Speaker 2: then four agencies entered a bloody and scattered crime scene 246 00:14:51,080 --> 00:14:54,480 Speaker 2: in and around seven am, beginning with the truck. Now 247 00:14:54,600 --> 00:14:57,800 Speaker 2: blood evidence indicated that the attack began in the cab 248 00:14:57,920 --> 00:15:01,080 Speaker 2: of the truck on the driver's side. His knees was 249 00:15:01,120 --> 00:15:04,000 Speaker 2: then yanked out the passenger side, where the bludgeoning and 250 00:15:04,120 --> 00:15:07,600 Speaker 2: hair pulling continued and concluded about ten feet from the truck. 251 00:15:08,680 --> 00:15:11,360 Speaker 2: Her one hundred and twenty pound body was then dragged 252 00:15:11,360 --> 00:15:14,040 Speaker 2: almost the length of a football field down to the river, 253 00:15:14,880 --> 00:15:18,680 Speaker 2: down an embankment, and then that's where it was found 254 00:15:19,000 --> 00:15:23,000 Speaker 2: semi submerged in the water. The autopsy report noted skull 255 00:15:23,120 --> 00:15:26,040 Speaker 2: fractures and brain injuries from the more than thirty blows 256 00:15:26,080 --> 00:15:28,960 Speaker 2: to the head. There was no evidence of a rape, 257 00:15:29,360 --> 00:15:35,240 Speaker 2: sexual assault, or anything remotely sexual about this attack, but 258 00:15:35,320 --> 00:15:38,040 Speaker 2: there was a ton of blood and other physical evidence. 259 00:15:38,360 --> 00:15:43,640 Speaker 3: The crime scene itself was absolutely loaded with physical evidence. 260 00:15:44,280 --> 00:15:48,360 Speaker 3: There were numerous clumps of bloody hair and footprints found 261 00:15:48,760 --> 00:15:51,640 Speaker 3: around the pickup and in the drag trail. There were 262 00:15:51,720 --> 00:15:57,480 Speaker 3: three different sets of footprints and i'man identifiable footprints in 263 00:15:57,560 --> 00:15:59,800 Speaker 3: the trail that they used to carry Kim to the river, 264 00:16:00,000 --> 00:16:03,520 Speaker 3: which was two hundred and fifty six feet long. There 265 00:16:03,520 --> 00:16:08,240 Speaker 3: were over twenty eight fingerprints inside of the pickup, on 266 00:16:08,320 --> 00:16:11,240 Speaker 3: the outside of the pickup and also on twenty three 267 00:16:11,640 --> 00:16:17,680 Speaker 3: beer cans around the vehicle and specifically fingerprint sets number five, 268 00:16:18,080 --> 00:16:21,920 Speaker 3: ten and number eleven. Those three sets of fingerprints were 269 00:16:21,960 --> 00:16:25,320 Speaker 3: found on beer cans around the vehicle, on the outside 270 00:16:25,320 --> 00:16:27,680 Speaker 3: of the vehicle, and they were also found on the 271 00:16:27,720 --> 00:16:31,200 Speaker 3: inside dash of the vehicle. Some of those fingerprints were 272 00:16:31,240 --> 00:16:36,360 Speaker 3: in blood, but the most significant evidence when the assailant 273 00:16:36,480 --> 00:16:40,800 Speaker 3: drug Kim out of her pickup, they placed their palm 274 00:16:41,120 --> 00:16:45,120 Speaker 3: on the side of the cab, leaving a full palm 275 00:16:45,160 --> 00:16:48,680 Speaker 3: print in Kim's blood on the side of the pickup. 276 00:16:49,360 --> 00:16:51,520 Speaker 2: The owner of that palm print has still never been 277 00:16:51,560 --> 00:16:53,040 Speaker 2: identified to my understanding. 278 00:16:53,560 --> 00:16:53,960 Speaker 3: Correct. 279 00:17:05,280 --> 00:17:07,959 Speaker 2: We'll be right back after this. 280 00:17:07,960 --> 00:17:12,160 Speaker 4: This episode is underwritten by AIG, a leading global insurance company. 281 00:17:12,520 --> 00:17:16,000 Speaker 4: AIG is committed to corporate social responsibility and is making 282 00:17:16,000 --> 00:17:18,800 Speaker 4: a positive difference in the lives of its employees and 283 00:17:18,840 --> 00:17:21,520 Speaker 4: in the communities where we work and live. In light 284 00:17:21,600 --> 00:17:24,359 Speaker 4: of the compelling need for pro bono legal assistance, and 285 00:17:24,400 --> 00:17:28,440 Speaker 4: in recognition of AIG's commitment to criminal and social justice reform, 286 00:17:28,640 --> 00:17:32,480 Speaker 4: the AIG pro Bono Program provides free legal services and 287 00:17:32,640 --> 00:17:36,240 Speaker 4: other support to underrepresented communities and individuals. 288 00:17:41,800 --> 00:17:44,840 Speaker 3: All of the evidence that was collected ended up going 289 00:17:44,880 --> 00:17:49,040 Speaker 3: to different jurisdictional locations. Some of it was sent to 290 00:17:49,080 --> 00:17:52,600 Speaker 3: the FBI crime Lab in Butte, Montana. Some of it 291 00:17:52,720 --> 00:17:56,600 Speaker 3: was actually taken to the local Poplar City Police department 292 00:17:56,640 --> 00:17:58,240 Speaker 3: and put into an evidence room. 293 00:17:58,840 --> 00:18:02,399 Speaker 2: It really is not that there was, perhaps still is, 294 00:18:02,600 --> 00:18:07,439 Speaker 2: no standard practice or protocol for evidence collection in these instances. 295 00:18:08,760 --> 00:18:11,120 Speaker 2: It seems so obvious that it should be collected by 296 00:18:11,160 --> 00:18:14,199 Speaker 2: one bureau or one agency every time in one place. 297 00:18:14,400 --> 00:18:18,280 Speaker 2: How can you mount an effective investigation in this manner? Well, 298 00:18:18,920 --> 00:18:22,240 Speaker 2: the short answer is obviously that you can't. But even 299 00:18:22,280 --> 00:18:27,200 Speaker 2: with this nonsensical evidence collection procedure, what about good old 300 00:18:27,240 --> 00:18:30,919 Speaker 2: fashioned just talking to people. This was a very small 301 00:18:30,960 --> 00:18:33,520 Speaker 2: community with only about twenty kids in a graduating class, 302 00:18:34,119 --> 00:18:37,440 Speaker 2: and one of their recent fellow graduates just got murdered. 303 00:18:38,119 --> 00:18:42,120 Speaker 2: There had to have been at the very least rumors 304 00:18:42,160 --> 00:18:43,040 Speaker 2: going around town. 305 00:18:43,600 --> 00:18:46,800 Speaker 3: For the first week or so, we all heard and 306 00:18:46,920 --> 00:18:50,439 Speaker 3: knew around school and around town that it was supposedly 307 00:18:50,480 --> 00:18:54,600 Speaker 3: this group of girls allegedly. Because I don't want to 308 00:18:54,600 --> 00:18:58,000 Speaker 3: point the finger at somebody that has not been forensically 309 00:18:58,040 --> 00:19:00,840 Speaker 3: and scientifically connected to this, that's something that we have 310 00:19:00,920 --> 00:19:04,080 Speaker 3: to keep in mind as we talk about this case 311 00:19:04,640 --> 00:19:08,320 Speaker 3: is that the State of Montana, the FBI, the city police, 312 00:19:08,760 --> 00:19:12,640 Speaker 3: and the tribal police to this day, three forty four 313 00:19:12,720 --> 00:19:17,280 Speaker 3: years later, have never matched any of those fingerprints, the 314 00:19:17,400 --> 00:19:21,360 Speaker 3: palm print, the footprints, the blood samples to anybody. They 315 00:19:21,400 --> 00:19:26,480 Speaker 3: have never made a legitimate, honest arrest with anybody but 316 00:19:27,040 --> 00:19:31,119 Speaker 3: law enforcement. We're bringing numerous of US high school kids 317 00:19:31,320 --> 00:19:36,200 Speaker 3: in for questioning and taking statements, and myself personally, six 318 00:19:36,280 --> 00:19:41,200 Speaker 3: months or seven months after the crime, I was brought in. 319 00:19:41,400 --> 00:19:45,080 Speaker 3: I was questioned, I gave fingerprints, I gave blood samples, 320 00:19:45,119 --> 00:19:49,199 Speaker 3: I gave footprints, I gave hair samples, and was told 321 00:19:49,920 --> 00:19:53,160 Speaker 3: that none of the physical evidence matched me and that 322 00:19:53,200 --> 00:19:56,639 Speaker 3: they knew I did not commit the crime. That process 323 00:19:56,760 --> 00:19:59,560 Speaker 3: right there actually took place with a lot of people 324 00:20:00,320 --> 00:20:00,840 Speaker 3: in town. 325 00:20:01,640 --> 00:20:07,040 Speaker 2: But somehow or other they managed to bring you, and 326 00:20:07,280 --> 00:20:09,120 Speaker 2: as you said, a lot of other people in town 327 00:20:09,160 --> 00:20:12,960 Speaker 2: in there, and they managed to I don't know if 328 00:20:12,960 --> 00:20:16,159 Speaker 2: it was willful, but somehow or other they managed to 329 00:20:16,320 --> 00:20:20,760 Speaker 2: not bring in the people who actually matched to this evidence. 330 00:20:21,160 --> 00:20:23,480 Speaker 3: So, when you're dealing with a small community like that, 331 00:20:23,640 --> 00:20:28,120 Speaker 3: how could they not bring in the people that everybody 332 00:20:28,119 --> 00:20:29,359 Speaker 3: in town was talking about. 333 00:20:30,040 --> 00:20:34,520 Speaker 2: It's hard not to draw a sort of a sinister conclusion, 334 00:20:34,720 --> 00:20:39,879 Speaker 2: which is that at some level they were sort of 335 00:20:39,960 --> 00:20:44,920 Speaker 2: protecting these people for reasons that may become clear as 336 00:20:44,960 --> 00:20:49,320 Speaker 2: we go along in this episode, and thereby putting up 337 00:20:49,359 --> 00:20:53,040 Speaker 2: almost like a sinister smokescreen where they were just sort 338 00:20:53,040 --> 00:20:56,000 Speaker 2: of acting like they were doing some investigation by bringing 339 00:20:56,040 --> 00:20:59,800 Speaker 2: people in to distract everybody from the fact that they 340 00:20:59,800 --> 00:21:03,360 Speaker 2: were weren't actually interested in arresting the people that committed 341 00:21:03,359 --> 00:21:04,639 Speaker 2: this heinous crime. 342 00:21:05,280 --> 00:21:09,480 Speaker 3: Certainly there had to be somebody somewhere wondering why these 343 00:21:09,480 --> 00:21:14,119 Speaker 3: people weren't being looked at closer. And to take it 344 00:21:14,200 --> 00:21:18,399 Speaker 3: one step further, Kimneys's family put a ten thousand dollars 345 00:21:18,400 --> 00:21:23,720 Speaker 3: reward up for information, and that reward went completely ignored. 346 00:21:24,280 --> 00:21:27,679 Speaker 2: So even though there were rumors about the group of 347 00:21:27,720 --> 00:21:30,800 Speaker 2: young women who had bludgeoned Kimneys to death, the police 348 00:21:30,840 --> 00:21:34,840 Speaker 2: were dragging in young men for scrutiny, and then no 349 00:21:34,880 --> 00:21:37,800 Speaker 2: one even responded to this ten thousand dollars reward. We're 350 00:21:37,840 --> 00:21:42,640 Speaker 2: talking about four decades ago in a little town that's 351 00:21:42,720 --> 00:21:46,840 Speaker 2: big money, and in all likelihood, there were eyewitnesses at 352 00:21:46,840 --> 00:21:49,040 Speaker 2: this party by the river, so either no one was 353 00:21:49,080 --> 00:21:52,000 Speaker 2: talking the police weren't actually trying to catch the assailants 354 00:21:52,080 --> 00:21:55,719 Speaker 2: or both. Nonetheless, they had already ruled you out by 355 00:21:55,800 --> 00:21:59,119 Speaker 2: virtue of the physical evidence, conclusively proved you could not 356 00:21:59,200 --> 00:22:01,600 Speaker 2: have committed this crime, and that should have been it, 357 00:22:01,680 --> 00:22:03,000 Speaker 2: but it wasn't correct. 358 00:22:03,119 --> 00:22:05,600 Speaker 3: Yes, they did ask me to come in and take 359 00:22:05,640 --> 00:22:10,000 Speaker 3: a polograph test just to finalize their investigation. So I 360 00:22:10,040 --> 00:22:13,880 Speaker 3: went in and I took a polygraph test with the FBI. 361 00:22:14,040 --> 00:22:17,159 Speaker 3: The polygraph at that time showed that I did not 362 00:22:17,280 --> 00:22:20,199 Speaker 3: commit the crime, but that I had general knowledge of 363 00:22:20,240 --> 00:22:23,800 Speaker 3: the crime, which everybody in town had general knowledge. I mean, 364 00:22:23,880 --> 00:22:26,600 Speaker 3: how could you not be in high school in a 365 00:22:26,640 --> 00:22:29,560 Speaker 3: small town and understand what's going on around you. 366 00:22:29,960 --> 00:22:33,040 Speaker 2: Now, at this point you had been ruled out, no 367 00:22:33,080 --> 00:22:37,639 Speaker 2: more suspicion allegedly, so you moved on with your plan 368 00:22:37,760 --> 00:22:40,800 Speaker 2: to reconnect with your biological father in Monroe, Louisiana. 369 00:22:40,960 --> 00:22:44,840 Speaker 3: Jumping forward to nineteen eighty, when I returned to Montana 370 00:22:44,960 --> 00:22:49,160 Speaker 3: again from down in Louisiana, they brought me in one 371 00:22:49,200 --> 00:22:52,199 Speaker 3: more time because of traffic at tickets. I had to 372 00:22:52,200 --> 00:22:55,840 Speaker 3: do thirty days in jail for excessive traffic tickets. When 373 00:22:55,880 --> 00:22:59,600 Speaker 3: they released me that day, again, I was going back 374 00:22:59,600 --> 00:23:03,920 Speaker 3: to Leuisiana and again they questioned me, but again they 375 00:23:04,040 --> 00:23:06,320 Speaker 3: said that they knew I did not commit the crime, 376 00:23:06,760 --> 00:23:09,040 Speaker 3: they just would like to know if there was any 377 00:23:09,080 --> 00:23:12,600 Speaker 3: information that I had. They released me again. I returned 378 00:23:12,600 --> 00:23:16,159 Speaker 3: to my father's house in Louisiana and went on with 379 00:23:16,240 --> 00:23:16,880 Speaker 3: my life. 380 00:23:17,240 --> 00:23:19,680 Speaker 2: Okay, so three times you come in, three times you're clear. 381 00:23:19,920 --> 00:23:25,160 Speaker 2: Here you are back in Louisiana working construction, building holiday inns, 382 00:23:25,160 --> 00:23:27,280 Speaker 2: as I understand it, And then you signed up for 383 00:23:27,320 --> 00:23:30,160 Speaker 2: the Navy and completed boot camp right, and we're preparing 384 00:23:30,200 --> 00:23:32,800 Speaker 2: to be deployed to the Mediterranean Sea. This was the 385 00:23:32,840 --> 00:23:34,520 Speaker 2: time of the conflict in Lebanon. 386 00:23:34,920 --> 00:23:38,480 Speaker 3: Correct, Very few people probably remember, but in nineteen eighty 387 00:23:38,520 --> 00:23:42,920 Speaker 3: one eighty two, the Lebanesian Army had just shot down 388 00:23:42,960 --> 00:23:46,840 Speaker 3: two of our American planes over the Mediterranean Sea. So 389 00:23:46,920 --> 00:23:50,680 Speaker 3: we were about to be deployed with the USS Eisenhower 390 00:23:50,960 --> 00:23:56,800 Speaker 3: aircraft carrier to the Mediterranean Sea to defend our international spaces. 391 00:23:57,240 --> 00:23:59,800 Speaker 3: In that process, being that I was new to the 392 00:23:59,800 --> 00:24:03,360 Speaker 3: s and this was my first overseas deployment, they ran 393 00:24:03,680 --> 00:24:08,000 Speaker 3: a background check on me. During that process. The Roosevelt 394 00:24:08,080 --> 00:24:12,560 Speaker 3: County Sheriff had sent a letter to the FBI, stating 395 00:24:13,119 --> 00:24:18,080 Speaker 3: that I was their suspect in a homicide and that 396 00:24:18,119 --> 00:24:22,560 Speaker 3: they had quote unquote two eye witnesses who could put 397 00:24:22,600 --> 00:24:25,520 Speaker 3: me at the scene of the crime. I was confronted 398 00:24:25,560 --> 00:24:29,000 Speaker 3: with that letter by the United States Navy Police Force. 399 00:24:29,440 --> 00:24:32,520 Speaker 3: They put me in the brig and after two days 400 00:24:32,560 --> 00:24:34,480 Speaker 3: of being in the brig, I was given an option 401 00:24:35,600 --> 00:24:40,119 Speaker 3: to take an honorable discharge, return to Montana and undergo 402 00:24:40,200 --> 00:24:44,080 Speaker 3: an investigation, at which point, if the investigation did not 403 00:24:44,520 --> 00:24:47,119 Speaker 3: lead to an arrest, I could re enlist in the military, 404 00:24:47,720 --> 00:24:51,480 Speaker 3: or they could contact the Roosevelt County Sheriff's Department, and 405 00:24:51,560 --> 00:24:54,560 Speaker 3: if the Roosevelt County Sheriff's departments backed up the letter, 406 00:24:55,000 --> 00:24:59,000 Speaker 3: I would be charged with federal charges of fraudulent enlistment 407 00:24:59,080 --> 00:25:03,200 Speaker 3: into the military to avoid jurisdiction, and I would immediately 408 00:25:03,240 --> 00:25:06,560 Speaker 3: be incarcerated for ten years in federal prison. So I 409 00:25:06,600 --> 00:25:09,840 Speaker 3: took the honorable discharge. I went back to Wolf Point, Montana, 410 00:25:09,920 --> 00:25:14,160 Speaker 3: and once again turned myself into the Roosevelt County Sheriff's Department, 411 00:25:15,080 --> 00:25:17,760 Speaker 3: only to be told that they didn't know of the letter, 412 00:25:18,200 --> 00:25:20,639 Speaker 3: they had no witnesses that could put me at the 413 00:25:20,680 --> 00:25:22,880 Speaker 3: scene of the crime, and that they knew I did 414 00:25:22,920 --> 00:25:25,840 Speaker 3: not commit the crime based on the forensic evidence, and 415 00:25:25,880 --> 00:25:29,159 Speaker 3: they released me to go back to Louisiana. There's absolutely 416 00:25:29,160 --> 00:25:32,280 Speaker 3: no question that it came from that sheriff. It was 417 00:25:32,359 --> 00:25:35,639 Speaker 3: on his letter head, it was his signature. It was 418 00:25:35,760 --> 00:25:40,439 Speaker 3: mailed to the FBI office in Butte, Montana. To this day, 419 00:25:40,520 --> 00:25:43,800 Speaker 3: that letter exists in the FBI files in Butte Montana. 420 00:25:44,280 --> 00:25:47,080 Speaker 3: So him telling me that he did not know about 421 00:25:47,080 --> 00:25:49,600 Speaker 3: the letter was just a blatant line. But yet it 422 00:25:49,640 --> 00:25:51,280 Speaker 3: destroyed my military career. 423 00:25:51,880 --> 00:25:55,320 Speaker 2: Right, But this is hardly the worst that's about to come. 424 00:25:55,560 --> 00:25:59,720 Speaker 2: So you're cleared by Roosevelt County, back of Louisiana. 425 00:25:59,320 --> 00:26:01,520 Speaker 3: Go back to work building holiday inns. 426 00:26:01,480 --> 00:26:05,280 Speaker 2: Right and putting this hopefully behind you. But then there 427 00:26:05,359 --> 00:26:09,320 Speaker 2: was some craziness with your stepmom, and that may have 428 00:26:09,480 --> 00:26:13,800 Speaker 2: led indirectly or even directly to this downward spiral that 429 00:26:14,119 --> 00:26:16,000 Speaker 2: got deeper and deeper and faster and faster. 430 00:26:16,480 --> 00:26:19,960 Speaker 3: Correct, it actually is the direct link that led to 431 00:26:20,000 --> 00:26:24,000 Speaker 3: a wrongful conviction, or allowed the state of Montana to 432 00:26:24,080 --> 00:26:28,280 Speaker 3: continue its pursuit of a wrongful conviction. When I returned 433 00:26:28,280 --> 00:26:31,080 Speaker 3: to Louisiana, I was living with my father and his 434 00:26:31,160 --> 00:26:34,040 Speaker 3: new wife who had five children. They all lived there 435 00:26:34,040 --> 00:26:37,960 Speaker 3: at the house. There became a pretty open dispute between 436 00:26:38,000 --> 00:26:40,199 Speaker 3: me and my stepmother as to whether or not I 437 00:26:40,280 --> 00:26:44,680 Speaker 3: was even my father's child. When on New Year's Eve 438 00:26:45,320 --> 00:26:48,840 Speaker 3: nineteen eighty three, we went out as a family drinking, 439 00:26:49,200 --> 00:26:53,520 Speaker 3: got back home all drunk, and there was a large 440 00:26:53,880 --> 00:26:57,240 Speaker 3: family argument over that issue. My stepmother kicks me out 441 00:26:57,240 --> 00:27:01,480 Speaker 3: of the house and I go get a place to 442 00:27:01,520 --> 00:27:04,719 Speaker 3: stay real quick. But when she kicked me out, one 443 00:27:04,760 --> 00:27:07,399 Speaker 3: of my younger step sisters decided that she was going 444 00:27:07,480 --> 00:27:09,600 Speaker 3: to run away from home because she couldn't stand her 445 00:27:09,680 --> 00:27:12,720 Speaker 3: step mom. I was at work. My stepsister called me 446 00:27:12,800 --> 00:27:14,480 Speaker 3: up and said her and three of her friends were 447 00:27:14,480 --> 00:27:18,080 Speaker 3: out at the freeway hitchhiking to Houston. I says, no, 448 00:27:18,240 --> 00:27:20,080 Speaker 3: stay right where you're at. I'm going to come get 449 00:27:20,119 --> 00:27:23,160 Speaker 3: you and call dad. That led to my step mother 450 00:27:24,160 --> 00:27:26,960 Speaker 3: calling law enforcement and saying that I was a prime 451 00:27:27,040 --> 00:27:29,840 Speaker 3: suspect and a murder in Montana, and that she was 452 00:27:29,880 --> 00:27:33,879 Speaker 3: fearful that I was going to kill her daughter. What 453 00:27:34,080 --> 00:27:39,119 Speaker 3: I didn't know, Jason. At that point in time, Mondro, 454 00:27:39,240 --> 00:27:44,720 Speaker 3: Louisiana had a serial killer on the loose and they 455 00:27:44,720 --> 00:27:50,359 Speaker 3: had formed a seven member Homicide Task Force to investigate 456 00:27:50,440 --> 00:27:55,240 Speaker 3: these serial killings. Two of those homicides took place while 457 00:27:55,280 --> 00:27:58,280 Speaker 3: I was in the military. The other one took place 458 00:27:58,320 --> 00:28:01,840 Speaker 3: while I was on a holiday in job in Tulsa, Oklahoma. 459 00:28:02,359 --> 00:28:06,119 Speaker 3: So when those three homicides took place, I had absolutely 460 00:28:06,119 --> 00:28:09,000 Speaker 3: no knowledge. I wasn't even in the state of Louisiana, etc. 461 00:28:09,359 --> 00:28:13,600 Speaker 3: But my stepmother used those along with the fact that 462 00:28:13,640 --> 00:28:16,240 Speaker 3: she knew I was a suspect in Montana at one time, 463 00:28:16,480 --> 00:28:19,840 Speaker 3: and turned me into local law enforcement and I was arrested. 464 00:28:20,280 --> 00:28:23,919 Speaker 2: So they started questioning you about the Monroe murders. But 465 00:28:23,960 --> 00:28:25,760 Speaker 2: of course you had no knowledge of those crimes, because 466 00:28:25,760 --> 00:28:27,240 Speaker 2: how would you have known. You weren't even in the state. 467 00:28:27,359 --> 00:28:30,440 Speaker 3: I didn't even know those crimes existed at that time. 468 00:28:30,480 --> 00:28:32,919 Speaker 3: I wasn't charged with homicide. I was only charged with 469 00:28:33,119 --> 00:28:38,120 Speaker 3: misdemeanor charges concerning my stepsister contributing to delinquency of a minor. 470 00:28:38,520 --> 00:28:41,920 Speaker 3: So they took me into this interrogation room. The initial 471 00:28:42,160 --> 00:28:47,080 Speaker 3: interrogation was done by three members of the Homicide Task Force, 472 00:28:47,760 --> 00:28:52,600 Speaker 3: Richard Maderis, Javi and Joe Cummings. They had accused me 473 00:28:52,680 --> 00:28:57,160 Speaker 3: on numerous numerous occasions of showing deception, etc. Etc. On 474 00:28:57,840 --> 00:29:01,240 Speaker 3: what they called voice stress test, which was this tape 475 00:29:01,280 --> 00:29:04,560 Speaker 3: recorder that set there on the interrogation table the whole 476 00:29:04,720 --> 00:29:05,360 Speaker 3: entire day. 477 00:29:05,680 --> 00:29:08,120 Speaker 2: So they were trying to extract a false statement. Your 478 00:29:08,200 --> 00:29:11,959 Speaker 2: alibi was air tight. For the Monroe murders. You were 479 00:29:12,000 --> 00:29:14,520 Speaker 2: in a different state. Every single one of those murders. 480 00:29:14,520 --> 00:29:19,120 Speaker 2: You weren't in state. But they are experienced in convincing 481 00:29:19,160 --> 00:29:23,680 Speaker 2: suspects that their super scientific voice stress test says that 482 00:29:23,760 --> 00:29:27,960 Speaker 2: you're lying. Then maybe they can coerce you into a statement. 483 00:29:28,000 --> 00:29:31,640 Speaker 2: For example, we'll tell the jury that you registered deception, 484 00:29:31,840 --> 00:29:34,320 Speaker 2: so you better plead guilty and get a good deal. 485 00:29:34,720 --> 00:29:38,600 Speaker 2: Another route is potentially convincing the suspect of their own guilt. 486 00:29:39,440 --> 00:29:41,200 Speaker 2: None of it had worked on you yet. And then 487 00:29:41,440 --> 00:29:43,760 Speaker 2: later on that even they brought in their closer, a 488 00:29:43,800 --> 00:29:47,440 Speaker 2: guy named Alfred Calhoun. Now he was the bad cop 489 00:29:47,480 --> 00:29:50,480 Speaker 2: to Joe Vie's good cop, and they continued to rail 490 00:29:50,560 --> 00:29:54,040 Speaker 2: on you about these Monroe, Louisiana murders while describing to 491 00:29:54,080 --> 00:29:57,600 Speaker 2: you in great detail what happens what would happen to 492 00:29:57,680 --> 00:30:02,680 Speaker 2: your body chair And this was something that they said 493 00:30:02,720 --> 00:30:04,480 Speaker 2: you'd be able to avoid if you just told them 494 00:30:04,480 --> 00:30:05,280 Speaker 2: what they wanted. 495 00:30:05,000 --> 00:30:08,160 Speaker 3: To hear correct. And it was only when Alfred Calhoun 496 00:30:08,280 --> 00:30:10,640 Speaker 3: came in and started threatening me with the death penalty 497 00:30:10,680 --> 00:30:16,160 Speaker 3: in Louisiana for the Louisiana crimes that the Kimnice murder 498 00:30:16,160 --> 00:30:20,960 Speaker 3: in Montana actually came into the picture. Alfred Calhoun promised 499 00:30:21,000 --> 00:30:24,720 Speaker 3: me that he would assure that I was convicted on 500 00:30:24,800 --> 00:30:28,920 Speaker 3: the three homicides in Louisiana and would ensure with everything 501 00:30:28,960 --> 00:30:31,880 Speaker 3: that he had within him that I received the electric chair, 502 00:30:32,320 --> 00:30:34,320 Speaker 3: and that he wanted to be there to push the 503 00:30:34,320 --> 00:30:38,440 Speaker 3: button and watch me fry for the Louisiana homicides. But 504 00:30:38,600 --> 00:30:40,880 Speaker 3: if I would just simply tell them the truth about 505 00:30:40,880 --> 00:30:44,280 Speaker 3: the Montana homicide, that they would go back to Montana 506 00:30:44,320 --> 00:30:47,320 Speaker 3: and help me to establish the facts of that case, 507 00:30:47,760 --> 00:30:49,840 Speaker 3: and we'd get out of Louisiana. 508 00:30:49,720 --> 00:30:54,200 Speaker 2: Right, which actually sounded like a logical thing to do, 509 00:30:54,520 --> 00:30:59,120 Speaker 2: because you already knew that everybody knew that you had 510 00:30:59,200 --> 00:31:01,600 Speaker 2: nothing to do with the these murder and there was 511 00:31:02,560 --> 00:31:06,720 Speaker 2: overwhelming evidence to prove it. So why not get the 512 00:31:06,760 --> 00:31:09,960 Speaker 2: hell out of Louisiana and away from these monsters and 513 00:31:10,040 --> 00:31:13,080 Speaker 2: go deal with the monsters, you know, because you know 514 00:31:13,200 --> 00:31:17,160 Speaker 2: you can prove eighteen ways till Sunday that you didn't 515 00:31:17,240 --> 00:31:21,040 Speaker 2: have anything to do with the murder of Kimnese. So 516 00:31:21,480 --> 00:31:25,240 Speaker 2: ultimately you falsely confessed to the murder of Kim Nice. 517 00:31:25,880 --> 00:31:30,480 Speaker 3: This confession was a tape recorded confession. There is actually 518 00:31:30,520 --> 00:31:34,239 Speaker 3: a phone conversation between the sheriff in Montana and the 519 00:31:34,280 --> 00:31:39,280 Speaker 3: detectives in Louisiana where they have me in the interrogation room. 520 00:31:39,760 --> 00:31:43,080 Speaker 3: The sheriff in Montana is feeding information to the detective 521 00:31:43,120 --> 00:31:46,560 Speaker 3: in Louisiana. He's going in and making sure it's a 522 00:31:46,600 --> 00:31:49,280 Speaker 3: part of the confession, and then going back and getting 523 00:31:49,320 --> 00:31:55,040 Speaker 3: more information. The sheriff falsely and inaccurately told Detective VI 524 00:31:55,440 --> 00:31:58,520 Speaker 3: that Kim Nice was wearing a plaid shirt with a 525 00:31:58,640 --> 00:32:02,480 Speaker 3: brown jacket, and that actually ended up in the confession 526 00:32:02,560 --> 00:32:04,959 Speaker 3: with me saying that she was wearing a plaid shirt 527 00:32:05,200 --> 00:32:08,479 Speaker 3: and brown jacket, when in fact, Kim was wearing a 528 00:32:08,520 --> 00:32:09,680 Speaker 3: white pullover sweater. 529 00:32:10,040 --> 00:32:14,520 Speaker 2: The inconsistencies and contradictions between this confession and the crime 530 00:32:14,600 --> 00:32:18,920 Speaker 2: scene border on the ridiculous. There were multiple sets of 531 00:32:18,960 --> 00:32:24,760 Speaker 2: bootprints for starters, it wasn't a single assailant. Clearly, Barry 532 00:32:24,840 --> 00:32:27,600 Speaker 2: exhibited a complete misunderstanding about where the car was in 533 00:32:27,640 --> 00:32:31,640 Speaker 2: relation to the river. It confessed to multiple double football 534 00:32:31,680 --> 00:32:34,400 Speaker 2: field length round trips, which was not corroborated by the 535 00:32:34,440 --> 00:32:38,280 Speaker 2: bootprints either, and then on these round trips, Barry allegedly 536 00:32:38,320 --> 00:32:41,040 Speaker 2: threw one item in the river at a time, which 537 00:32:41,120 --> 00:32:44,200 Speaker 2: is not only ridiculous considering the distance, but also after 538 00:32:44,240 --> 00:32:48,400 Speaker 2: searching the river, these items were never found, including a jacket, 539 00:32:48,520 --> 00:32:50,920 Speaker 2: the keys to the truck, which obviously would have just sank, 540 00:32:51,560 --> 00:32:54,520 Speaker 2: and the alleged murder weapon, a tire iron that obviously 541 00:32:54,520 --> 00:32:58,160 Speaker 2: didn't float downstream. They did, however, find a clawhammer in 542 00:32:58,200 --> 00:33:01,800 Speaker 2: the river, with which wounds, as well as gouge marks 543 00:33:01,800 --> 00:33:04,320 Speaker 2: and the ceiling of the truck were more consistent. He 544 00:33:04,400 --> 00:33:06,360 Speaker 2: also said that she had jumped out of the driver's 545 00:33:06,400 --> 00:33:08,280 Speaker 2: side and he had to run after her. Not only 546 00:33:08,680 --> 00:33:11,800 Speaker 2: that we know that she left through the passenger side 547 00:33:12,120 --> 00:33:15,200 Speaker 2: direct contradiction again, but also with the amount of blood 548 00:33:15,200 --> 00:33:17,479 Speaker 2: found on the front seat, the likelihood of her running 549 00:33:18,160 --> 00:33:23,320 Speaker 2: was borderline impossible. And then Barry also confessed to choking her, 550 00:33:23,760 --> 00:33:24,960 Speaker 2: which we know never happened. 551 00:33:25,280 --> 00:33:29,360 Speaker 3: I not only claimed to have choked Kim, but allegedly 552 00:33:29,440 --> 00:33:32,880 Speaker 3: I choked her to the point that she passes out 553 00:33:33,080 --> 00:33:35,640 Speaker 3: and the amount of force that it takes to do 554 00:33:35,760 --> 00:33:42,040 Speaker 3: that would have left very clear and indictative physical evidence 555 00:33:42,120 --> 00:33:44,960 Speaker 3: on the body that was never found. It wasn't there, 556 00:33:45,080 --> 00:33:49,240 Speaker 3: it didn't exist. More importantly, the so called motive for 557 00:33:49,320 --> 00:33:52,440 Speaker 3: this taking place was supposed to be a rape, and 558 00:33:52,480 --> 00:33:55,680 Speaker 3: there was no indication of rape or sexual intercourse. 559 00:33:56,000 --> 00:33:59,280 Speaker 2: Barry also said he had wiped the scene of his fingerprints. However, 560 00:33:59,320 --> 00:34:02,080 Speaker 2: there were no ways marks at the scene. And to 561 00:34:02,080 --> 00:34:04,040 Speaker 2: top it off, Barry said that he put her body 562 00:34:04,040 --> 00:34:06,480 Speaker 2: feet first into a garbage bag that only came up 563 00:34:06,520 --> 00:34:08,560 Speaker 2: to her armpits and dragged the body to the river 564 00:34:08,640 --> 00:34:13,000 Speaker 2: and pushed her in again, not understanding the distance because 565 00:34:13,000 --> 00:34:15,160 Speaker 2: he didn't know anything about it, but also that there 566 00:34:15,200 --> 00:34:18,680 Speaker 2: was a twenty foot embankment that he'd have to have 567 00:34:18,760 --> 00:34:21,520 Speaker 2: figured out how to maneuver, but he completely left that 568 00:34:21,600 --> 00:34:24,839 Speaker 2: detail out. And on top of all that, there was 569 00:34:24,880 --> 00:34:27,360 Speaker 2: no garbage bag or remnants of one being used that 570 00:34:27,440 --> 00:34:35,319 Speaker 2: wherever found. But this wild confession was seemingly good enough 571 00:34:35,360 --> 00:34:39,080 Speaker 2: for everyone on both sides of that infamous phone call. 572 00:34:39,480 --> 00:34:42,320 Speaker 3: So one more interesting fact about what you just said 573 00:34:43,640 --> 00:34:45,879 Speaker 3: that probably should be brought up at this point when 574 00:34:45,920 --> 00:34:50,600 Speaker 3: you're talking about Javi and Alfred Calhoun in Louisiana. Alfred 575 00:34:50,640 --> 00:34:55,520 Speaker 3: Calhoun JF and that homicide detected group actually got two 576 00:34:55,560 --> 00:35:00,080 Speaker 3: other individuals to confess to those three Louisiana murders, and 577 00:35:00,200 --> 00:35:04,040 Speaker 3: those two individuals were later proven to be innocent and 578 00:35:04,080 --> 00:35:06,880 Speaker 3: their confessions were proven to be false as well. And 579 00:35:07,000 --> 00:35:11,120 Speaker 3: later one of those crimes in Louisiana were actually solved 580 00:35:11,400 --> 00:35:15,560 Speaker 3: by DNA, proving that all the people that JAYVII and 581 00:35:15,600 --> 00:35:20,280 Speaker 3: Alfred Calhoun got to confess to those three homicides were false. 582 00:35:36,040 --> 00:35:40,279 Speaker 3: I was actually facing the death penalty all the way 583 00:35:40,360 --> 00:35:43,600 Speaker 3: up until a month prior to my trial. We actually 584 00:35:43,600 --> 00:35:46,720 Speaker 3: had a hearing to do away with the death penalty, 585 00:35:46,760 --> 00:35:48,520 Speaker 3: and that's when we learned that the tape of the 586 00:35:48,520 --> 00:35:52,720 Speaker 3: confession had been erased. It was like three weeks prior 587 00:35:52,760 --> 00:35:53,360 Speaker 3: to my trial. 588 00:35:55,080 --> 00:35:58,520 Speaker 2: So you're being cleared as a suspect by all the 589 00:35:58,520 --> 00:36:03,839 Speaker 2: physical evidence matter at all, but this false confession, the 590 00:36:03,880 --> 00:36:08,160 Speaker 2: gathering of which was corrupt at best, the recording of 591 00:36:08,239 --> 00:36:14,279 Speaker 2: which had then been mysteriously erased. Yeah, this false confession 592 00:36:15,000 --> 00:36:18,640 Speaker 2: overcame all fingerprints, the bloody pomp print, the lack of 593 00:36:18,680 --> 00:36:21,640 Speaker 2: any white marks around the other fingerprints on or in 594 00:36:21,719 --> 00:36:26,120 Speaker 2: the interior or exterior of the truck, the bootprints, the 595 00:36:26,160 --> 00:36:30,239 Speaker 2: blood samples, how inconsistent your false confession was with the 596 00:36:30,280 --> 00:36:33,840 Speaker 2: crime scene. None of this mattered at all, and you 597 00:36:33,880 --> 00:36:37,800 Speaker 2: were charged with deliberate homicide in the fifteenth Judicial District 598 00:36:37,840 --> 00:36:40,840 Speaker 2: of Montana. And in the lead up to your April 599 00:36:41,000 --> 00:36:43,319 Speaker 2: nineteen eighty four trial, your attorney tried to expose that 600 00:36:43,360 --> 00:36:46,399 Speaker 2: false confession for what it was and suppress it as involuntary, 601 00:36:46,440 --> 00:36:50,759 Speaker 2: but the judge allowed a recitation of the false confession 602 00:36:50,840 --> 00:36:55,200 Speaker 2: by Detective J. V. Now to corroborate that evidence. The 603 00:36:55,239 --> 00:36:58,040 Speaker 2: state was trying to admit a pubic here that had 604 00:36:58,040 --> 00:37:04,160 Speaker 2: allegedly been discovered on Kimney's sweater, and the former head 605 00:37:04,440 --> 00:37:08,320 Speaker 2: of the Montana State Crime Lab, Arnold Melnikoff, was willing 606 00:37:08,400 --> 00:37:12,280 Speaker 2: to testify that the hare had characteristics that were somewhat 607 00:37:12,360 --> 00:37:18,280 Speaker 2: similar to Barry's hair, Which what does that testimony even mean? Similar? 608 00:37:18,400 --> 00:37:22,359 Speaker 2: How that it was hair? It was also hair? I mean, yeah, 609 00:37:22,400 --> 00:37:24,520 Speaker 2: it was hair, and there's hair. That's about it. There 610 00:37:24,520 --> 00:37:25,760 Speaker 2: was no other similarities. 611 00:37:25,920 --> 00:37:29,240 Speaker 3: Let's start there with Arnold Melnikoff. They were not allowed 612 00:37:29,239 --> 00:37:32,680 Speaker 3: to have him testify for two reasons the fact that 613 00:37:32,719 --> 00:37:35,560 Speaker 3: the sweater he claimed to have found a pubic air 614 00:37:35,640 --> 00:37:41,000 Speaker 3: on had already been searched in nineteen seventy nine and 615 00:37:41,040 --> 00:37:43,920 Speaker 3: there was nothing found on it. But not only that 616 00:37:44,000 --> 00:37:46,840 Speaker 3: federal report saying that nothing was found on that sweater. 617 00:37:47,800 --> 00:37:52,040 Speaker 3: That sweater was kept in the Poplar City Police Department's 618 00:37:52,080 --> 00:37:58,879 Speaker 3: evidence room. On the night of June sixteenth, nineteen seventy nine, 619 00:37:58,960 --> 00:38:04,400 Speaker 3: about twelve thirty one o'clock at night, a police officer 620 00:38:04,680 --> 00:38:07,680 Speaker 3: on duty for the Poplar City Police Department by the 621 00:38:07,760 --> 00:38:12,560 Speaker 3: name of Stevie Greyhawk had actually broken into that evidence room, 622 00:38:12,920 --> 00:38:17,200 Speaker 3: kicking in the locked door, supposedly to use the restroom. 623 00:38:17,680 --> 00:38:22,560 Speaker 3: But that break in contaminated all the evidence that was 624 00:38:22,600 --> 00:38:27,319 Speaker 3: stored in that evidence room involving the Kimney's murder, including 625 00:38:27,400 --> 00:38:32,640 Speaker 3: the sweater that in nineteen eighty three, Arnold Melnikoff claims 626 00:38:32,680 --> 00:38:36,600 Speaker 3: to have found a pubicare on that had quote unquote 627 00:38:37,280 --> 00:38:41,200 Speaker 3: similar characteristics to Barry Beach. 628 00:38:41,840 --> 00:38:44,600 Speaker 2: So the same guy, if you remember, I told you 629 00:38:44,680 --> 00:38:49,160 Speaker 2: to tuck his name away for later, This guy, Stevie Greyhawk, 630 00:38:49,360 --> 00:38:53,280 Speaker 2: the Poplar City police officer who answered that two am 631 00:38:53,400 --> 00:38:56,280 Speaker 2: call early on the morning of June sixteenth, nineteen seventy nine, 632 00:38:56,560 --> 00:38:59,600 Speaker 2: down to the river for the sounds of female voices screaming, 633 00:38:59,680 --> 00:39:04,279 Speaker 2: and back with nothing to report, even though there definitely was. 634 00:39:05,600 --> 00:39:09,360 Speaker 2: That freaking guy is the same cop who had to 635 00:39:09,400 --> 00:39:12,800 Speaker 2: go to the bathroom so badly that he busted down 636 00:39:12,840 --> 00:39:16,719 Speaker 2: the door to an evidence room holding the evidence from 637 00:39:16,719 --> 00:39:23,000 Speaker 2: this crime. Again, nothing to see, there, nothing to report. Now, 638 00:39:23,080 --> 00:39:25,760 Speaker 2: I'm going to ask you to tuck that's Stevie Greyhawk 639 00:39:25,880 --> 00:39:29,080 Speaker 2: name back in again for later as we continue on 640 00:39:29,120 --> 00:39:34,200 Speaker 2: through the trial. So no bogus planted pubic hair was admitted. 641 00:39:34,239 --> 00:39:38,040 Speaker 2: But this recitation of an alleged transcript of your false 642 00:39:38,080 --> 00:39:42,719 Speaker 2: confession was really all that was presented, because, I mean, 643 00:39:43,000 --> 00:39:45,839 Speaker 2: they couldn't present the physical evidence because all of it 644 00:39:46,440 --> 00:39:50,000 Speaker 2: they knew had already exonerated you. At this point, were 645 00:39:50,040 --> 00:39:51,040 Speaker 2: you worried. 646 00:39:51,120 --> 00:39:55,040 Speaker 3: Going into this? My attorney kept telling me, don't worry, 647 00:39:55,080 --> 00:39:57,440 Speaker 3: don't worry. They can never find you guilty. There's no 648 00:39:57,480 --> 00:40:01,560 Speaker 3: physical evidence. It's impossible for to find you guilty. But 649 00:40:01,680 --> 00:40:05,719 Speaker 3: on the second day of my trial, the prosecutor, even 650 00:40:05,719 --> 00:40:09,920 Speaker 3: though the judge had thrown out the pubycare and stated 651 00:40:09,960 --> 00:40:13,600 Speaker 3: that it was not admissible at my trial, the prosecutor 652 00:40:13,680 --> 00:40:17,319 Speaker 3: still managed to mention it to the jury, saying that 653 00:40:17,400 --> 00:40:20,960 Speaker 3: he had a pubycare that he would later introduce that 654 00:40:21,080 --> 00:40:21,640 Speaker 3: matched me. 655 00:40:22,440 --> 00:40:25,240 Speaker 2: And that wasn't the only time he pulled this type 656 00:40:25,239 --> 00:40:29,000 Speaker 2: of trick in his summation. He did it twice, referring 657 00:40:29,000 --> 00:40:32,480 Speaker 2: to the confession in ways that were either misleading or 658 00:40:32,520 --> 00:40:37,160 Speaker 2: outright lies. In reading the transcripts, the prosecutor Roscoe talked 659 00:40:37,160 --> 00:40:39,279 Speaker 2: about wondering how there was so little blood on the 660 00:40:39,360 --> 00:40:41,319 Speaker 2: drag trail from the truck to the river, and that 661 00:40:41,360 --> 00:40:43,399 Speaker 2: Barry had said in his confession that he had put 662 00:40:43,440 --> 00:40:46,840 Speaker 2: the body into the garbage bag head first, so that 663 00:40:46,920 --> 00:40:50,000 Speaker 2: explained it. But Barry didn't even say head first. He 664 00:40:50,040 --> 00:40:53,360 Speaker 2: said beat first, that her head was not covered. So 665 00:40:53,520 --> 00:40:56,320 Speaker 2: here he is misleading, lying to the jury to bolster 666 00:40:56,400 --> 00:40:59,400 Speaker 2: the state's narrative. Then, at some point in the trial, 667 00:40:59,480 --> 00:41:02,680 Speaker 2: Kim's fire Tedneese, took the stand and confirmed that he 668 00:41:02,760 --> 00:41:05,480 Speaker 2: owned a tool like the alleged murder weapon from Barry's 669 00:41:05,480 --> 00:41:11,240 Speaker 2: false confession, a tire iron. Now, in the confession, Barry 670 00:41:11,280 --> 00:41:12,880 Speaker 2: had said that he threw it in the river, but 671 00:41:12,960 --> 00:41:14,840 Speaker 2: when Tedaneese was asked if it was missing when the 672 00:41:14,880 --> 00:41:17,400 Speaker 2: truck was returned. He said that he hadn't noticed. In 673 00:41:17,480 --> 00:41:21,040 Speaker 2: the prosecutor's summation, he lied about Tedanese's testimony, telling the 674 00:41:21,080 --> 00:41:23,359 Speaker 2: jury that mister Neese had confirmed that the alleged murder 675 00:41:23,400 --> 00:41:27,680 Speaker 2: weapon was missing. None of this information actually holds value, 676 00:41:27,840 --> 00:41:30,960 Speaker 2: as all of it comes from a false confession, but 677 00:41:31,160 --> 00:41:33,400 Speaker 2: using it and lying about it to bolster the state's 678 00:41:33,480 --> 00:41:37,239 Speaker 2: narrative was apparently effective, but not nearly as much as 679 00:41:37,280 --> 00:41:38,600 Speaker 2: the false confession itself. 680 00:41:39,040 --> 00:41:42,520 Speaker 3: They put Jvi on the stand, who took the confession, 681 00:41:43,239 --> 00:41:48,399 Speaker 3: supposedly did a handwritten transcript that he himself wrote out 682 00:41:48,960 --> 00:41:54,400 Speaker 3: of that tape confession, and the prosecutor and jav line 683 00:41:54,440 --> 00:41:58,680 Speaker 3: by line for two and a half days role play 684 00:41:59,200 --> 00:42:03,080 Speaker 3: this confession and in front of the jury, including Jayvi 685 00:42:03,320 --> 00:42:07,439 Speaker 3: from Louisiana getting on the floor of the courtroom as 686 00:42:07,480 --> 00:42:11,800 Speaker 3: if he was Kim Nice and the prosecutor choking him, 687 00:42:11,800 --> 00:42:17,120 Speaker 3: mimicking in front of the jury the confession, and when 688 00:42:17,120 --> 00:42:21,920 Speaker 3: the judge allowed that to happen, I knew without question 689 00:42:22,840 --> 00:42:27,600 Speaker 3: that I was going to be found guilty. 690 00:42:30,200 --> 00:42:32,520 Speaker 1: On part one of our coverage of Barry Beach, you've 691 00:42:32,520 --> 00:42:36,360 Speaker 1: heard about how he was wrongfully convicted. Now Here about 692 00:42:36,400 --> 00:42:39,759 Speaker 1: his epic fight for freedom in Part two, available now. 693 00:42:46,360 --> 00:42:49,400 Speaker 2: Thank you for listening to Wrongful Conviction. I'd like to 694 00:42:49,440 --> 00:42:53,160 Speaker 2: thank our production team Connor Hall, Jeff Cliburn and Kevin Wardis, 695 00:42:53,320 --> 00:42:56,400 Speaker 2: with research by Lyla Robinson. The music in this production 696 00:42:56,560 --> 00:42:59,760 Speaker 2: was supplied by three time OSCAR nominated composer Jay Ralph. 697 00:43:00,120 --> 00:43:03,520 Speaker 2: Be sure to follow us on Instagram at Wrongful Conviction, 698 00:43:03,760 --> 00:43:07,520 Speaker 2: on Facebook at Wrongful Conviction Podcast, and on Twitter at 699 00:43:07,560 --> 00:43:10,680 Speaker 2: wrong Conviction, as well as at Lava for Good. On 700 00:43:10,760 --> 00:43:13,759 Speaker 2: all three platforms, you can also follow me on both 701 00:43:13,800 --> 00:43:18,000 Speaker 2: TikTok and Instagram at it's Jason Flam. Wrongful Conviction is 702 00:43:18,000 --> 00:43:20,719 Speaker 2: the production of Lava for Good podcast and association with 703 00:43:20,800 --> 00:43:24,320 Speaker 2: Signal Company Number one