WEBVTT - Death & Deceit in Alliance | 1. Dead in the Water

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<v Speaker 1>Hi, There is Steve Fishman from Orbit Media, and we're

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<v Speaker 1>back with a fantastic new true crime series, Death and

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<v Speaker 1>Deceit in Alliance. This series is a little different from

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<v Speaker 1>others we've done. It's a live investigation, meaning that the

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<v Speaker 1>reporter host is publishing information almost at the same time

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<v Speaker 1>she learns it, and we her listeners, side by side

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<v Speaker 1>with her or ear by ear with her, are figuring

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<v Speaker 1>it out as the series unrolls. Luckily, we're in great hands.

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<v Speaker 1>Our host reporter is Maggie Freeling, who is one of

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<v Speaker 1>true crime's more interesting creators these days. Maggie won a

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<v Speaker 1>Pulitzer Prize for her work on Suave, a great podcast

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<v Speaker 1>you should check out. She's been a champion of the

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<v Speaker 1>wrongfully convicted since way before it was popular, and in

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<v Speaker 1>this show, it's that championing that leads to terrible complications

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<v Speaker 1>for the podcast and for herself. It broke me, she says.

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<v Speaker 1>This is Maggie's creator's cut of a show originally released

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<v Speaker 1>in twenty nineteen. For access to all fourteen episodes, ad

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<v Speaker 1>free and all at once, subscribe with Apple Podcasts on

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<v Speaker 1>our show page.

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<v Speaker 2>Enjoy the Worst Thing that Happened to Me As a

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<v Speaker 2>journalist occurred while making this podcast formerly called Murder an Alliance.

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<v Speaker 2>In twenty twenty one, myself and two private investigators embarked

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<v Speaker 2>on a real time investigation to see if a convicted

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<v Speaker 2>murderer was innocent. For twenty two years, he maintained that

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<v Speaker 2>he was. Initially, the case seemed straightforward, a scandal ridden

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<v Speaker 2>small town police department who used psychics and coercion to

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<v Speaker 2>get results. I was sure the wrong people were in prison.

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<v Speaker 2>In fact, I wasn't alone, many journalists did. But once

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<v Speaker 2>I was on the ground in Ohio with the pis interviewing, investigating,

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<v Speaker 2>setting up billboards and tip lines, I was not ready

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<v Speaker 2>for what we found. The deeper we dug, the more

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<v Speaker 2>unsettling our findings became. I found myself questioning everything. Were

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<v Speaker 2>my instincts wrong or was there something actually profoundly off

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<v Speaker 2>about this case? The conclusion broke me for a bit,

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<v Speaker 2>But now, almost five years later, I'm staring down this

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<v Speaker 2>case once more with a new lens because it remains

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<v Speaker 2>one of the most impactful events of my life. The

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<v Speaker 2>timing of release is also significant because I encounter this

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<v Speaker 2>exact issue in my latest investigation called Bone Valley. Graves County.

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<v Speaker 2>I encountered a journalist in my reporting who refused to

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<v Speaker 2>discuss his mistakes and instead doubled down. It made me

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<v Speaker 2>think of my own journey, and consequently I thought it

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<v Speaker 2>was the perfect time to re examine my mistake instead

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<v Speaker 2>of hide from it. It is crucial to discuss are

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<v Speaker 2>all two human fallibilities as journalists. It not only keeps

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<v Speaker 2>us honest, but it also keeps us humble.

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<v Speaker 3>Today.

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<v Speaker 4>Date of July fourteenth, nineteen ninety nine, Wednesday, it's thirteen

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<v Speaker 4>or nine hours. My name is Detective Bud Sampson. We're

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<v Speaker 4>in the we're avent a police department interview room.

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<v Speaker 5>Along with me.

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<v Speaker 4>Is Detective William Mucklow and Detective John Leach of the

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<v Speaker 4>Alliance Police Department. Also in the room is Joseph Isaac

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<v Speaker 4>Book and we're in best getting his honest side of

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<v Speaker 4>Yvonne Lee? Can you tell us you're part in this?

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<v Speaker 2>The tape you're listening to is Joe Wilkes, a nineteen

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<v Speaker 2>year old boy confessing to murder.

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<v Speaker 6>She was like, Hey, what are you doing here? She goes,

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<v Speaker 6>I haven't seen you in a long time. I was like, oh,

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<v Speaker 6>they did, just wanting need to stop buy and see

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<v Speaker 6>how things were. And then we're sitting talking for about

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<v Speaker 6>three to five minutes, and then okay, I know this

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<v Speaker 6>is gonna be hard.

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<v Speaker 5>We got to go through and you tell me what

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<v Speaker 5>happened here.

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<v Speaker 6>Where were you sitting when you're sitting upstairs or downstairs?

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<v Speaker 6>We were on the second floor, that the third one. Ok.

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<v Speaker 5>And we're still doing the cops talking and story. Okay,

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<v Speaker 5>the cheek it up and trying to run why run

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<v Speaker 5>up the door?

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<v Speaker 6>Did you try to run up the glass doors?

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<v Speaker 5>And then.

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<v Speaker 2>You it's saying we thought it so, Joe just said,

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<v Speaker 2>David told me to David as in David Thorn. On

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<v Speaker 2>April first, nineteen ninety nine, twenty six year old Yvonne

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<v Speaker 2>Lane was found with her throat slashed dead in her

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<v Speaker 2>home in Alliance, Ohio.

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<v Speaker 7>Twenty six year old Ivonne Lane, a beautiful, vivacious woman,

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<v Speaker 7>found in a pool of her own blood, her throat

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<v Speaker 7>slashed while her children slapped.

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<v Speaker 2>She was discovered by her mother, who had arrived to

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<v Speaker 2>take her six year old grandchild to kindergarten. Yvonne was

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<v Speaker 2>a mother to five kids. David Thorn was the father

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<v Speaker 2>of one of the children. Although he and Yvonne were

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<v Speaker 2>not together anymore.

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<v Speaker 7>The murder of a mother of five in her own

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<v Speaker 7>home stunt the small town of Alliance, Ohio.

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<v Speaker 2>David had recently been ordered to pay child support three

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<v Speaker 2>hundred and fifty one dollars a month, and Joe said

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<v Speaker 2>in his confession that he was hired by David Thorn

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<v Speaker 2>to kill Yvaughn so he didn't have to pay and

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<v Speaker 2>so he could have his son to himself, the.

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<v Speaker 7>Father of one of the children. The motive child support

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<v Speaker 7>Thorn was ordered to pay.

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<v Speaker 2>To the untrained listener at one point myself too. This

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<v Speaker 2>seems like a pretty clear cut case, someone confessing and

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<v Speaker 2>someone with a motive. But when you start deaking, going

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<v Speaker 2>through documents and talking to people, the more complicated things get,

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<v Speaker 2>and it seems like just about everyone around Yvonne also

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<v Speaker 2>had a motive to kill her. This is death and

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<v Speaker 2>deceit and Alliance a real time investigation into whether David

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<v Speaker 2>Thorn killed ev Lane. I'm Maggie Freeling. The murder of

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<v Speaker 2>Yvonne Lane and David Thorne's claims of innocence were never

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<v Speaker 2>the feature of a Netflix film or made for TV series,

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<v Speaker 2>but it wasn't a blip on the radar either journalists

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<v Speaker 2>were drawn to it.

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<v Speaker 7>For years, the attack grabbed headlines as police hunted for

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<v Speaker 7>a killer.

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<v Speaker 2>Like investigative journalist Dwayne Pullman, who you also heard in

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<v Speaker 2>the previous clips. Dwayne looked into David's claims for three years. However,

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<v Speaker 2>that was over a decade ago, and since then, former prosecutors,

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<v Speaker 2>private investigators, sleuth's and the like have all looked into

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<v Speaker 2>David's claim of innocence. Yet the question still remains.

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<v Speaker 7>Did the system convict the wrong man?

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<v Speaker 2>So here we are. Since Yvonne's murder, David has continued

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<v Speaker 2>n Nuali said he had no involvement. He says he

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<v Speaker 2>never paid Joe Wilkes or anyone to murder his ex

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<v Speaker 2>girlfriend and the mother of his child. When you make

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<v Speaker 2>it to David's official website WCODT dot org, you discover

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<v Speaker 2>that this was an incredibly brutal murder. Yvonn Lane's throat

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<v Speaker 2>was slit to the spine, almost decapitating her. Blood was

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<v Speaker 2>all over the house.

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<v Speaker 4>She begins to spur blood, pumping blood violently out of

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<v Speaker 4>her neck.

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<v Speaker 2>The living room where her body was found looks like

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<v Speaker 2>someone took buckets of blood and threw it around the room.

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<v Speaker 2>It just didn't look like a hit or a random

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<v Speaker 2>murder to me. This looked personal. Police had to process

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<v Speaker 2>this absolute mess of a room, which I'm sure was

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<v Speaker 2>not easy, especially because they also had to get four

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<v Speaker 2>of her kids out of the house, because all but

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<v Speaker 2>one of her children were home when she was killed,

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<v Speaker 2>but they were too young to be helpful to the police.

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<v Speaker 2>That is, except for one of them, a four year

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<v Speaker 2>old who'd play a part in the investigation. The police

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<v Speaker 2>say they tried to get the kids through the crime

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<v Speaker 2>scene without seeing their mother's body, So some flubs may

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<v Speaker 2>be understandable if they're focusing on the boys, but not

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<v Speaker 2>to the extent that happened here. Part of the problem

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<v Speaker 2>may just be in experience. Murders in Alliance are rare.

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<v Speaker 2>A bad year might see two homicides, but most the

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<v Speaker 2>city saw just one. If any I feel confident saying

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<v Speaker 2>at minimum they were not ready to deal with this

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<v Speaker 2>particular homicide. Police say they covered Yvonne's body with a

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<v Speaker 2>blanket from one of the bedrooms, potentially contaminating any evidence

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<v Speaker 2>on her. As every watcher of c as I knows,

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<v Speaker 2>this probably wasn't best practice. No one wore shoe coverings

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<v Speaker 2>or gloves to preserve evidence, and investigators went back and

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<v Speaker 2>forth stepping over Yvonne's body when crossing the room. A

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<v Speaker 2>bloody footprint between her legs apparently came from a detective,

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<v Speaker 2>not the killer, and the chief even brought a woman,

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<v Speaker 2>a civilian, into the crime scene. It was an absolute disaster.

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<v Speaker 2>Evidence was collected from the scene and never tested, and

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<v Speaker 2>the evidence that was didn't match David or Joe. Yet

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<v Speaker 2>the case still made it to trial, and that's thanks

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<v Speaker 2>to Joe's confession, the one you heard part of at

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<v Speaker 2>the top of the episode. The prosecutor said that David

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<v Speaker 2>hired Joe to kill Yvonne, and as you heard, that's

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<v Speaker 2>the story that Joe told. He said David gave him

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<v Speaker 2>three hundred dollars to kill Yvonne. His confession, Joe took

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<v Speaker 2>the police to the alleged murder weapon, a three inch

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<v Speaker 2>pocket knife that he said he tossed in a storm drain.

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<v Speaker 2>He also showed them where he disposed of the pants

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<v Speaker 2>he allegedly wore when he killed von Another key element

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<v Speaker 2>of the States case a witness who said she saw

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<v Speaker 2>Joe the knight of the murder. Rose Moore said, Joe

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<v Speaker 2>told her and her boyfriend that he was on his

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<v Speaker 2>way to kill someone. Will come back to this later,

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<v Speaker 2>but I just want to point out that, in this version,

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<v Speaker 2>the prosecution's version, this nineteen year old was so excited

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<v Speaker 2>about an evening out with his knife to kill someone

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<v Speaker 2>that he wanted even strangers to know about it. If true,

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<v Speaker 2>Joe's boast is pretty damning, but it's worth noting that

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<v Speaker 2>there was no physical evidence linking even Joe to the scene.

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<v Speaker 2>No fingerprints, no shoeprints or DNA. The pants Joe allegedly

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<v Speaker 2>war when he killed Vaughan, there was no blood on them,

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<v Speaker 2>much less anything linking David to the crime. Sure, Joe

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<v Speaker 2>took cops to a knife, but there's no evidence linking

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<v Speaker 2>that knife to the murder. In fact, the prosecution will

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<v Speaker 2>rest on witness testimony alone. But some witnesses were never called.

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<v Speaker 2>And here's a key one. Keep him in mind. A

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<v Speaker 2>neighbor who saw a man leaving Yvonne's house in the

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<v Speaker 2>morning after her murder. He told cops that man was

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<v Speaker 2>not David or Joe.

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<v Speaker 8>I was not asked to test to find the trival

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<v Speaker 8>of David Thorne. I was shown a photo of David

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<v Speaker 8>Thorne in December of two thousand. That was not the

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<v Speaker 8>man I saw leaving the residents of nine sixty of mine.

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<v Speaker 8>I was showing a photo of Joseph Wilkes a contest

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<v Speaker 8>murder in December of two thousand. It was not the

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<v Speaker 8>man I saw leaving the residents of Maxix.

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<v Speaker 2>The jury never heard this, and after deliberating just the

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<v Speaker 2>three hours, David was convicted of paying Joe Wilkes three

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<v Speaker 2>hundred dollars to murder Yvonne Lane. He was sentenced to

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<v Speaker 2>life without the possibility of parole. Joe took a plea

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<v Speaker 2>deal of thirty to life for his cooperation. He could

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<v Speaker 2>be out of prison very soon.

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<v Speaker 7>It didn't take a jury long to convict David Thorn.

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<v Speaker 7>Wilkes pleaded guilty. Both are now serving life sentences.

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<v Speaker 2>The entire conviction of David Thorn rests on Joe's testimony.

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<v Speaker 2>But was Joe telling the truth and if he was lying,

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<v Speaker 2>why he lost almost as much as David did. But

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<v Speaker 2>I'm skeptical. Hiring a hitman to kill your ex over

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<v Speaker 2>three hundred and fifty one dollars a month seems like

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<v Speaker 2>more risk than it's worth. Sure back then the amount

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<v Speaker 2>was more like six hundred and today's dollars, and that

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<v Speaker 2>might feel like a lot of money to fork over

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<v Speaker 2>monthly if you're working at an hour job, which David was.

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<v Speaker 2>But David was making decent money at a high end

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<v Speaker 2>car shop, and compared to the motives of other folks,

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<v Speaker 2>to me, David's alleged motive appears week. Evidence uncovered in

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<v Speaker 2>later investigations pointed to other potential killers, like any one

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<v Speaker 2>of the men who fathered Yvonne's four other kids, or

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<v Speaker 2>even members of law enforcement Yvonne was reported to be

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<v Speaker 2>sleeping with or the man scene leaving her house after

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<v Speaker 2>she's presumed dead. Journalist Dwayne Pullman was equally as intrigued.

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<v Speaker 7>This case is filled with sex, secrets and surprises.

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<v Speaker 2>And things only got more complicated when I talked to David.

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<v Speaker 2>All Right, you there, yep, a little loud on that way, Okay, So.

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<v Speaker 5>How are you doing it?

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<v Speaker 2>Not too bad? When I first spoke to David, he

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<v Speaker 2>had done twenty one years, almost half of his life

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<v Speaker 2>in prison, and there seemed to be no hope. Left

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<v Speaker 2>pretty much dead in the water.

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<v Speaker 6>We need new evidence.

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<v Speaker 2>David didn't have a lawyer anymore. He ran out of

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<v Speaker 2>money in all of his appeals. If David's going to

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<v Speaker 2>get out of prison by proving his innocence, he needs

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<v Speaker 2>a lawyer and investigator to find new evidence to show

0:15:33.120 --> 0:15:34.360
<v Speaker 2>he deserves a new trial.

0:15:34.720 --> 0:15:37.120
<v Speaker 1>That's why I would have been pushing so hard is

0:15:37.200 --> 0:15:40.640
<v Speaker 1>to find a private investigator that would kind of go

0:15:40.800 --> 0:15:44.520
<v Speaker 1>ahead and kind of almost start the case anew.

0:15:44.800 --> 0:15:50.280
<v Speaker 2>And that's proven difficult to find. Investigators can cost thousands,

0:15:50.720 --> 0:15:53.720
<v Speaker 2>and finding someone to take a case pro bono, that is,

0:15:53.920 --> 0:16:01.160
<v Speaker 2>without pay, is not exactly easy. And then there was me.

0:16:01.840 --> 0:16:05.440
<v Speaker 2>After talking to David and reviewing case files, I had

0:16:05.680 --> 0:16:09.440
<v Speaker 2>enough questions about his conviction that I couldn't let it go.

0:16:10.080 --> 0:16:13.400
<v Speaker 2>I kept thinking, there really needs to be an in

0:16:13.560 --> 0:16:20.040
<v Speaker 2>depth investigation. Other post conviction investigations didn't necessarily take the

0:16:20.320 --> 0:16:24.640
<v Speaker 2>entirety of the evidence into account. One investigation might focus

0:16:24.680 --> 0:16:29.640
<v Speaker 2>on forensics, while another would focus on timelines. And I

0:16:29.760 --> 0:16:33.600
<v Speaker 2>didn't want to piecemeal others' investigations together. I wanted to

0:16:33.640 --> 0:16:37.760
<v Speaker 2>find out for myself if there was any truth to

0:16:37.960 --> 0:16:42.360
<v Speaker 2>David's claims of innocence. So many people had a motive

0:16:42.440 --> 0:16:45.880
<v Speaker 2>to kill Yvon, and that shook me to my core,

0:16:46.520 --> 0:16:50.600
<v Speaker 2>to myself and others before it seemed the cops had

0:16:50.680 --> 0:16:54.320
<v Speaker 2>taken the easy way out. David was the obvious suspect,

0:16:55.080 --> 0:16:59.200
<v Speaker 2>and they didn't really focus on anyone else. I wanted

0:16:59.240 --> 0:17:03.120
<v Speaker 2>to know who did that neighbor see leaving Yvonne's house

0:17:03.160 --> 0:17:07.119
<v Speaker 2>in the morning? What happened to evidence collected at the scene.

0:17:07.520 --> 0:17:10.359
<v Speaker 2>There was a kitchen knife, a more likely murder weapon

0:17:10.440 --> 0:17:13.280
<v Speaker 2>than a pocket knife, with a fingerprint that was never

0:17:13.359 --> 0:17:18.640
<v Speaker 2>linked to anyone, condoms and wrappers, blood smears everywhere. None

0:17:18.680 --> 0:17:21.600
<v Speaker 2>of it matched David, and none of it matched Joe,

0:17:22.000 --> 0:17:27.200
<v Speaker 2>the supposed killer. So who did it match? And here's

0:17:27.240 --> 0:17:30.879
<v Speaker 2>the point I keep getting stuck on. Joe confessed to

0:17:31.040 --> 0:17:35.719
<v Speaker 2>killing Yvonne, but the connection to David is pretty slim.

0:17:37.200 --> 0:17:41.840
<v Speaker 2>Would David? Would anyone really hire a blabby teenager as

0:17:41.880 --> 0:17:45.119
<v Speaker 2>a hitman over three hundred and fifty one dollars in

0:17:45.320 --> 0:17:49.439
<v Speaker 2>child support? At trial, the social worker said that David

0:17:49.560 --> 0:17:54.280
<v Speaker 2>and Yvonne had a good relationship. So does the prosecution

0:17:54.480 --> 0:17:58.040
<v Speaker 2>theory sound credible to you? I'm not saying it's not

0:17:58.200 --> 0:18:01.680
<v Speaker 2>possible that child support is a motive, but is it

0:18:02.240 --> 0:18:06.840
<v Speaker 2>likely for David? I kept stewing turning over the facts

0:18:06.960 --> 0:18:09.879
<v Speaker 2>as I knew them, and the questions which seemed to

0:18:10.040 --> 0:18:16.000
<v Speaker 2>keep multiplying, and admittedly I became obsessed. One reason is

0:18:16.080 --> 0:18:18.440
<v Speaker 2>that I'm a journalist and this seems to be a

0:18:18.560 --> 0:18:22.520
<v Speaker 2>juicy story, but I'm also an advocate. When I see

0:18:22.560 --> 0:18:25.360
<v Speaker 2>it wrong, I will fight to make it right by

0:18:25.480 --> 0:18:29.240
<v Speaker 2>digging and reporting to expose the truth. It makes me

0:18:29.440 --> 0:18:32.959
<v Speaker 2>angry and I can't let it go. I found David's

0:18:33.000 --> 0:18:36.080
<v Speaker 2>case when I was researching for a Wrongful Conviction podcast.

0:18:36.760 --> 0:18:40.440
<v Speaker 2>I became interested in wrongful convictions after I reported on

0:18:40.640 --> 0:18:44.360
<v Speaker 2>Suave Gonzales, a juvenile who was sentenced to mandatory life

0:18:44.440 --> 0:18:48.440
<v Speaker 2>in prison for a homicide. After that, I started looking

0:18:48.480 --> 0:18:52.200
<v Speaker 2>into compelling stories of people who claim to be innocent

0:18:52.520 --> 0:18:56.000
<v Speaker 2>and needed help getting a second look, and David was

0:18:56.119 --> 0:19:00.600
<v Speaker 2>one one of many. The Innocence Project estimate it's that

0:19:00.760 --> 0:19:04.920
<v Speaker 2>anywhere from two to ten percent of incarcerated people in

0:19:04.960 --> 0:19:09.879
<v Speaker 2>the US may be factually innocent, which means tens or

0:19:10.040 --> 0:19:14.680
<v Speaker 2>even hundreds of thousands of individuals are doing time for

0:19:14.920 --> 0:19:19.520
<v Speaker 2>someone else. And I thought maybe David was, and if

0:19:19.560 --> 0:19:22.560
<v Speaker 2>he was, the world needs to know, and are wrong

0:19:22.960 --> 0:19:27.440
<v Speaker 2>needs to be made right. But I felt out of

0:19:27.600 --> 0:19:31.919
<v Speaker 2>my depth doing it alone, and then an opportunity arose.

0:19:39.920 --> 0:19:42.520
<v Speaker 2>What makes you want to continue doing this work? Literally

0:19:42.600 --> 0:19:44.520
<v Speaker 2>immediately upon getting out.

0:19:44.960 --> 0:19:46.919
<v Speaker 4>Well, yeah, you know, I've always been a ballum.

0:19:47.080 --> 0:19:50.040
<v Speaker 2>I flew down to Austin, Texas for Wrongful Conviction Day.

0:19:50.320 --> 0:19:53.720
<v Speaker 2>I was meeting with Jason Baldwin from the West Memphis Three.

0:19:54.560 --> 0:19:58.280
<v Speaker 2>Jason's case is one of the most notorious wrongful convictions

0:19:58.480 --> 0:20:02.720
<v Speaker 2>in the country, grabbing the attention of celebrities, activists, and

0:20:02.840 --> 0:20:06.800
<v Speaker 2>lawyers since three little boys were found murdered in Arkansas

0:20:07.040 --> 0:20:08.040
<v Speaker 2>in nineteen ninety three.

0:20:08.200 --> 0:20:11.600
<v Speaker 3>They were convicted of murdering three boy scouts, hogtied and

0:20:11.720 --> 0:20:14.720
<v Speaker 3>left in a ditch a Satanic cult. Today, the West

0:20:14.760 --> 0:20:16.359
<v Speaker 3>Memphis Three walked free.

0:20:16.720 --> 0:20:19.160
<v Speaker 2>Jason and I did a Facebook live together for Wrongful

0:20:19.200 --> 0:20:22.879
<v Speaker 2>Conviction Day to bring attention to the issue of wrongful convictions.

0:20:23.760 --> 0:20:27.240
<v Speaker 2>Oh and then people could see coming. Okay really tail Okay,

0:20:27.720 --> 0:20:31.119
<v Speaker 2>hello everyone, we are live.

0:20:31.520 --> 0:20:34.800
<v Speaker 9>I am here Maggie Freeling in Austin, and I am

0:20:34.880 --> 0:20:38.040
<v Speaker 9>with Jason Baldon of the West Memphis Three, who was

0:20:38.160 --> 0:20:40.879
<v Speaker 9>convicted in nineteen ninety four release in twenty eleven.

0:20:40.920 --> 0:20:44.080
<v Speaker 2>He is also the co founder Jason now has his

0:20:44.240 --> 0:20:47.920
<v Speaker 2>own organization helping to free the wrongfully convicted. He co

0:20:48.080 --> 0:20:53.240
<v Speaker 2>founded Proclaimed Justice with his friend and private investigator John hardin.

0:20:53.119 --> 0:20:55.520
<v Speaker 3>Shall I keep chewing while you're recording? Really?

0:20:59.040 --> 0:21:03.440
<v Speaker 2>They notably helped exonerate Daniel Viegis in twenty eighteen. He'd

0:21:03.480 --> 0:21:06.840
<v Speaker 2>been wrongfully convicted of a double homicide when he was sixteen.

0:21:07.280 --> 0:21:10.960
<v Speaker 8>Verdict forim b leave the Jersey finally defended Daniel viegas

0:21:11.440 --> 0:21:12.640
<v Speaker 8>not guilty of friend.

0:21:13.240 --> 0:21:17.320
<v Speaker 2>Knew at investigating wrongful convictions. I was excited to sit

0:21:17.440 --> 0:21:20.000
<v Speaker 2>down and meet with them to see the work they're doing,

0:21:20.480 --> 0:21:23.800
<v Speaker 2>the care and doggedness and the passion they have while

0:21:23.920 --> 0:21:26.359
<v Speaker 2>doing it. I saw that when we talked about a

0:21:26.400 --> 0:21:28.040
<v Speaker 2>few cases they were investigating.

0:21:28.640 --> 0:21:30.280
<v Speaker 3>Yeah that works. Let me go get a laptop.

0:21:30.480 --> 0:21:34.000
<v Speaker 2>You're going to say you need document? Yeah I need Yeah,

0:21:34.080 --> 0:21:36.200
<v Speaker 2>Like wow, you were very have it all together. We

0:21:36.280 --> 0:21:38.640
<v Speaker 2>went over Nicki Zinger and Daniel Rischer's case.

0:21:38.760 --> 0:21:39.480
<v Speaker 5>We span of a.

0:21:39.560 --> 0:21:42.840
<v Speaker 9>Month, a murderer took her mother away, and then the

0:21:42.920 --> 0:21:44.120
<v Speaker 9>state took.

0:21:44.320 --> 0:21:46.720
<v Speaker 2>Her love away. Andres Muscaro, there's.

0:21:46.600 --> 0:21:51.360
<v Speaker 3>Only two possibilities here. Either somebody is feeding him all

0:21:51.480 --> 0:21:54.400
<v Speaker 3>of those details, or he was there.

0:21:54.520 --> 0:21:55.960
<v Speaker 2>And Marco Wilson, Well, we.

0:21:56.040 --> 0:21:59.680
<v Speaker 3>Have gunshot residue on the victim's jacket, So how do

0:21:59.720 --> 0:22:02.600
<v Speaker 3>you get gunshot residue when when you're shooting from that

0:22:02.720 --> 0:22:03.359
<v Speaker 3>far and there.

0:22:03.200 --> 0:22:05.600
<v Speaker 2>Are We went through files and they talked me through

0:22:05.680 --> 0:22:09.040
<v Speaker 2>the details of each case, and the days in Austin

0:22:09.240 --> 0:22:12.400
<v Speaker 2>weren't just work. I got to know the guys pretty well.

0:22:16.760 --> 0:22:19.119
<v Speaker 9>My brothers Matt and Terry like had me and my

0:22:19.200 --> 0:22:22.920
<v Speaker 9>mom stand back to back with our so we could

0:22:22.960 --> 0:22:26.200
<v Speaker 9>see who was taller on my sixteenth birthday and they're like, oh, Mom,

0:22:26.320 --> 0:22:28.520
<v Speaker 9>Jason's almost as tall as you now, you know, and

0:22:29.160 --> 0:22:33.600
<v Speaker 9>you know, just having that family time and then got arrested,

0:22:33.680 --> 0:22:34.920
<v Speaker 9>you know, a couple months later.

0:22:35.400 --> 0:22:38.160
<v Speaker 2>One of the things you fundamentally need to know about

0:22:38.240 --> 0:22:42.800
<v Speaker 2>wrongful convictions. It's easy to put someone in and nearly

0:22:43.000 --> 0:22:48.159
<v Speaker 2>impossible to get someone out. Convictions are designed and intended

0:22:48.240 --> 0:22:51.320
<v Speaker 2>to be final. One of the only ways convictions get

0:22:51.400 --> 0:22:56.320
<v Speaker 2>overturned is when someone finally digs deep and does the

0:22:56.440 --> 0:23:00.760
<v Speaker 2>investigation that was probably never done in the first place.

0:23:02.000 --> 0:23:05.479
<v Speaker 2>Every day of that trip, I kept thinking, is there

0:23:05.520 --> 0:23:07.919
<v Speaker 2>an appropriate time to bring up this case to them.

0:23:08.359 --> 0:23:11.040
<v Speaker 2>I didn't want to be that person who unsolicitly asks

0:23:11.119 --> 0:23:13.640
<v Speaker 2>these busy and in demand guys with a wait list

0:23:13.720 --> 0:23:18.240
<v Speaker 2>of cases for a favor. But this wasn't just a favor.

0:23:18.800 --> 0:23:23.400
<v Speaker 2>It's someone's life, a man who has spent twenty two

0:23:23.520 --> 0:23:27.240
<v Speaker 2>years in prison and says he didn't do it. And

0:23:27.320 --> 0:23:33.600
<v Speaker 2>if that's true, I can't look away. And so one evening, John,

0:23:33.840 --> 0:23:37.040
<v Speaker 2>Jason and I were having after work drinks and I

0:23:37.320 --> 0:23:41.560
<v Speaker 2>broached the topic, you know, there's this really crazy case

0:23:41.600 --> 0:23:45.200
<v Speaker 2>I'm looking into. Y'all might be interested. We talked a

0:23:45.240 --> 0:23:48.200
<v Speaker 2>little and I told them that the most heartbreaking part

0:23:48.400 --> 0:23:51.840
<v Speaker 2>is it's been almost twenty two years, and David said

0:23:52.280 --> 0:23:55.800
<v Speaker 2>his case is dead in the water. They seemed interested,

0:23:56.080 --> 0:23:58.359
<v Speaker 2>but I didn't want to push it. Maybe they were

0:23:58.400 --> 0:24:01.320
<v Speaker 2>just being nice to their out of town guest. I

0:24:01.400 --> 0:24:04.040
<v Speaker 2>left Austin, went back to New York and we stayed

0:24:04.080 --> 0:24:06.280
<v Speaker 2>in touch. All right, Well, I got to run, and

0:24:06.400 --> 0:24:12.680
<v Speaker 2>you send me the overview of witnesses. Awesome, Thank you, John.

0:24:12.680 --> 0:24:16.320
<v Speaker 2>I'll talk to you all right. I don't know when

0:24:16.760 --> 0:24:19.520
<v Speaker 2>or how, but at some point I must have said

0:24:19.520 --> 0:24:21.919
<v Speaker 2>to John, look, I think you guys should look at

0:24:21.920 --> 0:24:25.320
<v Speaker 2>the files. I wanted to know if he would see

0:24:25.480 --> 0:24:29.159
<v Speaker 2>what I saw a total mess of an investigation and

0:24:29.280 --> 0:24:34.480
<v Speaker 2>a potential wrong doing. David Thorns was a good case,

0:24:35.000 --> 0:24:37.400
<v Speaker 2>at least to me. So I sent over the thousands

0:24:37.440 --> 0:24:40.760
<v Speaker 2>of pages of case file documents and then I waited,

0:24:46.359 --> 0:24:48.840
<v Speaker 2>waited for them to have a moment in their busy

0:24:48.960 --> 0:24:53.160
<v Speaker 2>days working dozens of other cases to review David's file.

0:24:53.840 --> 0:24:55.560
<v Speaker 2>And two months later they.

0:24:55.520 --> 0:24:57.800
<v Speaker 3>Called magg you missed America.

0:24:58.800 --> 0:25:01.720
<v Speaker 7>Hello, Hi.

0:25:02.160 --> 0:25:05.520
<v Speaker 2>John brought on another private investigator from Proclaimed Justice to

0:25:05.720 --> 0:25:09.280
<v Speaker 2>help Danny Waxler. Oh, it's sunny, it's sunny down there.

0:25:09.640 --> 0:25:11.000
<v Speaker 10>Yeah, spicy out there.

0:25:11.400 --> 0:25:14.639
<v Speaker 6>Wow, y'all come down, y'all come on like me.

0:25:14.960 --> 0:25:18.280
<v Speaker 2>On the surface, they were into it, but they don't

0:25:18.520 --> 0:25:21.160
<v Speaker 2>just take a case. They have to investigate it first

0:25:21.440 --> 0:25:24.479
<v Speaker 2>and make sure it's a true innocence claim. They need

0:25:24.560 --> 0:25:28.480
<v Speaker 2>to confirm for themselves that David was indeed telling the

0:25:28.600 --> 0:25:31.720
<v Speaker 2>truth and the case had a leg to stand on

0:25:32.040 --> 0:25:36.480
<v Speaker 2>in court. And if David was innocent, then who did

0:25:36.680 --> 0:25:40.119
<v Speaker 2>kill Yvonne Lane? That was part of the puzzle, a

0:25:40.320 --> 0:25:44.440
<v Speaker 2>key part, and getting an answer would prove to be

0:25:44.560 --> 0:25:48.320
<v Speaker 2>a challenge. Remember, even if there was forensics at the

0:25:48.440 --> 0:25:52.000
<v Speaker 2>messy crime scene that weren't compromised and could be tested,

0:25:52.600 --> 0:25:57.080
<v Speaker 2>that wouldn't exonerate David. By all accounts, David was not

0:25:57.320 --> 0:26:00.359
<v Speaker 2>at the crime scene. It was an alleged murder for Higher,

0:26:00.800 --> 0:26:04.720
<v Speaker 2>so it doesn't matter if his prints aren't there. Getting

0:26:04.800 --> 0:26:08.760
<v Speaker 2>David back in court would come down to Joe proving

0:26:08.880 --> 0:26:11.879
<v Speaker 2>that Joe was either lying when he claimed that David

0:26:11.960 --> 0:26:16.200
<v Speaker 2>paid him to kill yvon or proving that Joe didn't

0:26:16.280 --> 0:26:17.560
<v Speaker 2>kill yvon The more.

0:26:17.440 --> 0:26:20.840
<v Speaker 10>We can dismantle Joseph for Joe, whatever he goes by,

0:26:21.880 --> 0:26:25.000
<v Speaker 10>the stronger plight we have, and if.

0:26:25.080 --> 0:26:29.600
<v Speaker 2>Joe didn't commit the murder, then the prosecution's whole case

0:26:29.880 --> 0:26:33.399
<v Speaker 2>falls apart, of course, Joe said he did it, but

0:26:34.080 --> 0:26:37.680
<v Speaker 2>Joe has said a lot of things over the years.

0:26:37.960 --> 0:26:41.840
<v Speaker 2>Joe has given multiple versions of what happened. In one story,

0:26:42.400 --> 0:26:45.920
<v Speaker 2>David hires Joe to kill yvon In another, Joe shows

0:26:45.960 --> 0:26:49.600
<v Speaker 2>up at Yvonne's house and she's already dead. And in

0:26:49.720 --> 0:26:53.800
<v Speaker 2>two thousand and one, just a year after conviction, Joe

0:26:54.040 --> 0:26:58.119
<v Speaker 2>even recanted his hitman for Higher confession and said he

0:26:58.320 --> 0:27:01.600
<v Speaker 2>was pressured by police and coached what to say to

0:27:01.840 --> 0:27:02.879
<v Speaker 2>implicate David.

0:27:03.960 --> 0:27:08.480
<v Speaker 7>Scared and confused, Wilkes says this former detective forced him

0:27:08.640 --> 0:27:12.840
<v Speaker 7>to confess Wilkes was a friend of David Thorns, and.

0:27:12.920 --> 0:27:16.720
<v Speaker 2>They had told me a general story about how to put.

0:27:16.640 --> 0:27:17.159
<v Speaker 3>David in it.

0:27:18.720 --> 0:27:20.200
<v Speaker 10>Maggie, did you reach out to Joe?

0:27:21.320 --> 0:27:23.640
<v Speaker 2>I did not, because I also I just didn't want

0:27:23.680 --> 0:27:27.840
<v Speaker 2>to really tamper with anything. I did not reach out

0:27:27.880 --> 0:27:31.040
<v Speaker 2>to him. Now, let me clarify that I did not

0:27:31.240 --> 0:27:34.359
<v Speaker 2>reach out to Joe because I did not want to

0:27:34.520 --> 0:27:39.359
<v Speaker 2>engage in any kind of perceived witness tampering because in

0:27:39.480 --> 0:27:43.119
<v Speaker 2>my mind, the case wasn't dead in the water. It

0:27:43.320 --> 0:27:46.359
<v Speaker 2>could go back to court, and I didn't want to

0:27:46.520 --> 0:27:49.840
<v Speaker 2>mess anything up. And I'm glad I didn't because it

0:27:49.880 --> 0:27:54.399
<v Speaker 2>seems like Joe really is the key to the entire story.

0:27:55.440 --> 0:27:58.800
<v Speaker 10>You know, I'd like David to tell us if he

0:27:59.040 --> 0:28:04.280
<v Speaker 10>was our newest investigator, how would he approach this. It's

0:28:04.320 --> 0:28:06.640
<v Speaker 10>always good to hear from our clients on what their

0:28:06.680 --> 0:28:10.560
<v Speaker 10>own thoughts are, how they would proceed with about what

0:28:10.680 --> 0:28:12.320
<v Speaker 10>we're about to launch ourselves into.

0:28:15.520 --> 0:28:17.440
<v Speaker 2>David was on this planning call too.

0:28:18.000 --> 0:28:20.280
<v Speaker 5>I mean, the thing that comes to the forefront of

0:28:20.440 --> 0:28:22.040
<v Speaker 5>mine is Joe's timeline.

0:28:22.280 --> 0:28:26.440
<v Speaker 2>Different accounts and witnesses put Joe at multiple places that night,

0:28:27.119 --> 0:28:30.520
<v Speaker 2>So which version of the story is true. John and

0:28:30.720 --> 0:28:33.600
<v Speaker 2>Danny were ready to go to Ohio and find out

0:28:34.359 --> 0:28:38.040
<v Speaker 2>And then I had an idea. I suggested that I

0:28:38.200 --> 0:28:42.120
<v Speaker 2>document their investigation in real time. I wanted to see

0:28:42.200 --> 0:28:45.600
<v Speaker 2>how it was done, step by step, interview by interview,

0:28:45.960 --> 0:28:49.800
<v Speaker 2>as we try to put the pieces together. And they

0:28:49.840 --> 0:28:54.719
<v Speaker 2>agreed we were all going to hit the ground in Ohio.

0:29:02.520 --> 0:29:05.720
<v Speaker 3>Okay, well, let's well, like I said, we'll stay in

0:29:05.800 --> 0:29:08.680
<v Speaker 3>touch is needed and as things come into focus as

0:29:08.720 --> 0:29:10.880
<v Speaker 3>far as what we want to get accomplished there and

0:29:11.480 --> 0:29:14.680
<v Speaker 3>time frame and all that stuff. But we will plan

0:29:14.800 --> 0:29:17.040
<v Speaker 3>on being there two weeks from today, guys.

0:29:17.160 --> 0:29:20.120
<v Speaker 10>Okay, we'll regroup and be back in touch.

0:29:20.560 --> 0:29:24.120
<v Speaker 2>All right, Okay, by guys, Good to see you too.

0:29:25.120 --> 0:29:28.640
<v Speaker 2>In two weeks, we'd be an alliance Ohio, starting the

0:29:28.760 --> 0:29:34.760
<v Speaker 2>investigation into Yvonne's murder from scratch, exactly what David said

0:29:34.760 --> 0:29:39.000
<v Speaker 2>he needed to move his case forward. What would we find?

0:29:39.560 --> 0:29:44.120
<v Speaker 2>There were so many questions. Danny and John poured through

0:29:44.200 --> 0:29:47.360
<v Speaker 2>case files trying to figure out where to start. They

0:29:47.440 --> 0:29:50.080
<v Speaker 2>sent me a recording of their discussion, and I want

0:29:50.120 --> 0:29:51.959
<v Speaker 2>you to hear it. I want you to hear how

0:29:52.000 --> 0:29:55.400
<v Speaker 2>they approach the case. What stood out to them right away,

0:29:56.560 --> 0:29:56.720
<v Speaker 2>you know.

0:29:56.800 --> 0:29:58.840
<v Speaker 10>And taking this case, I think one of the first

0:29:58.880 --> 0:30:01.000
<v Speaker 10>things we always have to do is say, what do

0:30:01.080 --> 0:30:04.200
<v Speaker 10>we believe was the most significant part of what convicted

0:30:04.240 --> 0:30:04.760
<v Speaker 10>our clients?

0:30:04.880 --> 0:30:09.120
<v Speaker 3>Yeah, yeah, and we know, just even if it's.

0:30:09.120 --> 0:30:12.360
<v Speaker 10>Just preliminary research, we know it was the statement of

0:30:12.480 --> 0:30:15.520
<v Speaker 10>Jose Wilks. Yeah, yeah, yeah, because it's not like there's

0:30:15.560 --> 0:30:18.280
<v Speaker 10>an abundant there's no biological evidence, you.

0:30:18.280 --> 0:30:20.120
<v Speaker 3>Know, right off the bat. A couple of things that

0:30:20.280 --> 0:30:25.200
<v Speaker 3>raise my eyebrows are the knife in the pants, how

0:30:25.280 --> 0:30:30.400
<v Speaker 3>did Joe lead them to the circumstances? And if it

0:30:30.640 --> 0:30:34.040
<v Speaker 3>was the murder weapon and Joe did lead them there,

0:30:34.160 --> 0:30:37.320
<v Speaker 3>then that's a big fucking deal, you know, just on

0:30:37.480 --> 0:30:39.560
<v Speaker 3>its face, that's one that I'm going to have to

0:30:40.280 --> 0:30:44.800
<v Speaker 3>have a satisfactory answer to you. How did Joe take

0:30:44.880 --> 0:30:47.280
<v Speaker 3>them to that knife? That's a hell of a thing

0:30:47.440 --> 0:30:51.360
<v Speaker 3>right there. Joe's got some explaining to do.

0:31:02.800 --> 0:31:06.720
<v Speaker 6>This is all originating from an Ohio correctional institution and

0:31:06.880 --> 0:31:08.000
<v Speaker 6>maybe recorded or.

0:31:08.080 --> 0:31:13.240
<v Speaker 7>Monitored what was with the knife, though, Joe, I don't.

0:31:13.120 --> 0:31:16.320
<v Speaker 6>Know why I was my clothes gone it? Why was

0:31:16.560 --> 0:31:17.680
<v Speaker 6>I'm so worried about this?

0:31:20.400 --> 0:31:32.600
<v Speaker 2>Yeah? I don't know. Coming up on death and deceit

0:31:32.680 --> 0:31:33.800
<v Speaker 2>in alliance.

0:31:34.240 --> 0:31:39.080
<v Speaker 8>About she actually cheated on him a couple of times.

0:31:39.240 --> 0:31:41.960
<v Speaker 7>In terms of the police force, my god, I had

0:31:42.120 --> 0:31:45.720
<v Speaker 7>eight or nine names of officers who were potential sexual

0:31:45.920 --> 0:31:48.040
<v Speaker 7>partners because she was murdered.

0:31:47.640 --> 0:31:49.760
<v Speaker 9>And I, I mean, you could have just knocked me over.

0:31:50.080 --> 0:31:53.120
<v Speaker 7>Any number of people could have been a suspect.

0:31:53.400 --> 0:31:55.600
<v Speaker 4>He was seen by a neighbor standing at her front

0:31:55.640 --> 0:31:58.040
<v Speaker 4>door at five point thirty at a time of death

0:31:58.120 --> 0:32:00.280
<v Speaker 4>of seven, where he said that they put in a

0:32:00.360 --> 0:32:02.200
<v Speaker 4>room and they changed him to the wall by his

0:32:02.440 --> 0:32:04.600
<v Speaker 4>arm and fit on him, and they told him that

0:32:04.720 --> 0:32:06.440
<v Speaker 4>they wanted him to confess.

0:32:06.760 --> 0:32:08.680
<v Speaker 7>The guy I knew they came into the post office

0:32:08.720 --> 0:32:09.240
<v Speaker 7>that threw up his.

0:32:09.280 --> 0:32:11.400
<v Speaker 4>Hand away and grinned all the time, and he's just

0:32:11.440 --> 0:32:14.840
<v Speaker 4>the nicest guy ever. I thought, no, this can't be.

0:32:15.280 --> 0:32:19.640
<v Speaker 7>Bret Turvey, a nationally no criminal forensics expert, picked apart

0:32:19.840 --> 0:32:21.840
<v Speaker 7>what he calls a botched case.

0:32:22.360 --> 0:32:25.160
<v Speaker 2>I'm curious, why is you know so many guys you

0:32:25.280 --> 0:32:27.160
<v Speaker 2>never asked about that. I wondered about him.

0:32:27.480 --> 0:32:30.920
<v Speaker 10>The officers were involved in the various activity and criminal activity.

0:32:31.240 --> 0:32:33.720
<v Speaker 10>The fact that it was never turned over to the

0:32:33.920 --> 0:32:35.320
<v Speaker 10>defense is shocking.

0:32:35.720 --> 0:32:37.640
<v Speaker 7>The police controlled the narrative.

0:32:38.000 --> 0:32:39.800
<v Speaker 8>I cannot get to the truth.

0:32:40.200 --> 0:32:41.560
<v Speaker 5>Did you know who he identified?

0:32:42.320 --> 0:32:42.360
<v Speaker 3>No?

0:32:42.600 --> 0:32:42.960
<v Speaker 6>I don't.

0:32:43.200 --> 0:32:44.120
<v Speaker 7>There's a police officer.

0:32:44.360 --> 0:32:47.080
<v Speaker 6>It's like, no, something's missing here and what did the

0:32:47.120 --> 0:32:48.360
<v Speaker 6>prosecution turn this over on?

0:32:48.640 --> 0:32:49.840
<v Speaker 2>What is going on here?

0:32:50.040 --> 0:32:52.520
<v Speaker 3>So it makes me feel like there's more to the story.

0:32:52.920 --> 0:32:56.640
<v Speaker 6>And although you thought that the evidence proved it, I

0:32:56.720 --> 0:32:58.560
<v Speaker 6>know in my heart and saw I did not do this.

0:33:06.520 --> 0:33:09.280
<v Speaker 2>Death and deceit In Alliance is produced and reported by

0:33:09.400 --> 0:33:13.920
<v Speaker 2>me Maggie Freeling, with editorial consulting from Amber Hunt. Aaron

0:33:14.120 --> 0:33:18.480
<v Speaker 2>Case is our legal researcher. Our executive producer is Steve Fishman.

0:33:18.720 --> 0:33:22.880
<v Speaker 2>Our engineer and production coordinator is Austin Smith. Eric Axelrod

0:33:23.040 --> 0:33:24.240
<v Speaker 2>is our assistant producer.