1 00:00:01,040 --> 00:00:06,160 Speaker 1: You're listening to History on Trial, a production of iHeart Podcasts. 2 00:00:06,720 --> 00:00:16,239 Speaker 1: Listener Discretion advised. Jacob and Flora Franks didn't start to 3 00:00:16,280 --> 00:00:21,000 Speaker 1: worry until Bobby missed dinner. Their youngest son was a 4 00:00:21,040 --> 00:00:24,400 Speaker 1: responsible boy who usually called home if he was going 5 00:00:24,440 --> 00:00:29,240 Speaker 1: to be late. May twenty first, nineteen twenty four, had 6 00:00:29,240 --> 00:00:32,240 Speaker 1: been a beautiful spring day, the kind of day where 7 00:00:32,240 --> 00:00:35,360 Speaker 1: you can lose track of time, especially if you're a 8 00:00:35,400 --> 00:00:39,720 Speaker 1: fourteen year old boy playing baseball with your friends. That's 9 00:00:39,760 --> 00:00:43,440 Speaker 1: what the Franks figured Bobby was doing. He and his 10 00:00:43,520 --> 00:00:47,440 Speaker 1: classmates liked to get a game going after school. Bobby 11 00:00:47,560 --> 00:00:50,360 Speaker 1: was small for his age, but he was a sports 12 00:00:50,360 --> 00:00:53,320 Speaker 1: fanatic and always found a way to join in. He 13 00:00:53,360 --> 00:00:56,880 Speaker 1: would be home soon, the Franks thought, But when the 14 00:00:56,920 --> 00:01:00,720 Speaker 1: dinner plates were cleared with still no sign of Bobby, 15 00:01:01,440 --> 00:01:05,959 Speaker 1: the couple became concerned. They called around to Bobby's friends, 16 00:01:06,040 --> 00:01:09,280 Speaker 1: who confirmed that, yes, they had played baseball after school. 17 00:01:09,920 --> 00:01:13,759 Speaker 1: Bobby had served as umpire, but the game had ended 18 00:01:13,800 --> 00:01:19,000 Speaker 1: at five hours earlier. After Bobby had headed towards home, 19 00:01:19,600 --> 00:01:23,080 Speaker 1: a journey of only a few blocks. No one had 20 00:01:23,120 --> 00:01:29,000 Speaker 1: seen him since. Increasingly fearful, Jacob Franks enlisted a friend 21 00:01:29,080 --> 00:01:32,319 Speaker 1: to help him search for Bobby. The men went to 22 00:01:32,440 --> 00:01:34,880 Speaker 1: check if the boy had somehow gotten locked in his 23 00:01:34,920 --> 00:01:41,200 Speaker 1: school building. Flora Franks stayed home. At about ten thirty PM, 24 00:01:41,360 --> 00:01:45,839 Speaker 1: as Flora waited for news, the phone rang. The caller 25 00:01:45,959 --> 00:01:49,240 Speaker 1: asked for her husband. When Flora said he was not 26 00:01:49,400 --> 00:01:53,400 Speaker 1: at home, but that she was missus Franks, the caller said, 27 00:01:54,240 --> 00:01:57,920 Speaker 1: your son has been kidnapped. He is all right. Further 28 00:01:58,040 --> 00:02:03,000 Speaker 1: news in the morning. Who is it, Flora asked, horrified. 29 00:02:03,840 --> 00:02:08,480 Speaker 1: George Johnson, the caller said, and hung up. When Jacob 30 00:02:08,520 --> 00:02:12,760 Speaker 1: Franks got back, he was shocked by Flora's news. After 31 00:02:12,840 --> 00:02:15,840 Speaker 1: several tense hours, he decided to report the kidnapping to 32 00:02:15,880 --> 00:02:19,760 Speaker 1: the police, who agreed to investigate the matter quietly so 33 00:02:19,840 --> 00:02:23,240 Speaker 1: as not to alert the kidnappers. At nine am the 34 00:02:23,280 --> 00:02:26,640 Speaker 1: next day, the ransom note arrived in the morning mail. 35 00:02:27,560 --> 00:02:31,200 Speaker 1: Dear sir, it began, as you no doubt know by 36 00:02:31,200 --> 00:02:34,640 Speaker 1: this time your son has been kidnapped. Allow us to 37 00:02:34,680 --> 00:02:38,120 Speaker 1: assure you that he is at present, well and safe. 38 00:02:38,639 --> 00:02:43,799 Speaker 1: It continued on in this same formal, stilted language, commanding 39 00:02:43,880 --> 00:02:47,680 Speaker 1: Jacob Franks to withdraw ten thousand dollars and then await 40 00:02:47,840 --> 00:02:52,080 Speaker 1: further instructions. It warned Jacob that if he disobeyed the 41 00:02:52,080 --> 00:02:56,480 Speaker 1: instructions in any way, Bobby's death will be the penalty. 42 00:02:57,760 --> 00:03:00,600 Speaker 1: Jacob hurried to the bank to make the withdrawal, then 43 00:03:00,680 --> 00:03:04,359 Speaker 1: came home to wait by the telephone. The kidnappers did 44 00:03:04,400 --> 00:03:09,679 Speaker 1: not call until after three pm. Jacob Franks answered the phone, 45 00:03:09,720 --> 00:03:13,160 Speaker 1: and a voice on the other end, once again calling himself, 46 00:03:13,240 --> 00:03:17,400 Speaker 1: George Johnson, described how Jacob would take a taxi to 47 00:03:17,440 --> 00:03:22,720 Speaker 1: a drug store where he would receive further directions. Jacob listened, 48 00:03:23,560 --> 00:03:28,640 Speaker 1: but inside his heart was breaking because only minutes before 49 00:03:29,360 --> 00:03:34,120 Speaker 1: he had received another phone call, one that changed everything. 50 00:03:35,360 --> 00:03:40,440 Speaker 1: From it, he had learned that Bobby's body had been 51 00:03:40,480 --> 00:03:46,080 Speaker 1: found earlier that morning. The body of a boy was 52 00:03:46,160 --> 00:03:49,560 Speaker 1: found in a concrete culvert in the nature preserve surrounding 53 00:03:49,640 --> 00:03:53,920 Speaker 1: Wolf Lake, some twenty miles southeast of the Franks house 54 00:03:54,000 --> 00:03:57,440 Speaker 1: in Chicago. A pair of glasses had been found near 55 00:03:57,480 --> 00:04:00,360 Speaker 1: the body, and the officer who arrived at the scene 56 00:04:00,480 --> 00:04:03,560 Speaker 1: assumed they were the boys and placed them on his face. 57 00:04:04,320 --> 00:04:07,640 Speaker 1: The Frank's family heard about the discovery but believed the 58 00:04:07,680 --> 00:04:12,839 Speaker 1: boy couldn't be Bobby. Bobby didn't wear glasses, but as 59 00:04:12,840 --> 00:04:15,040 Speaker 1: the day wore on. They thought it would be good 60 00:04:15,120 --> 00:04:18,480 Speaker 1: to know for sure, and so Bobby's uncle traveled to 61 00:04:18,560 --> 00:04:22,320 Speaker 1: view the body. When the uncle walked in, he removed 62 00:04:22,400 --> 00:04:26,800 Speaker 1: the glasses from the boy's still cold face and gazed 63 00:04:26,920 --> 00:04:30,520 Speaker 1: down at it. Then he looked at the boy's teeth. 64 00:04:31,279 --> 00:04:34,799 Speaker 1: Bobby had marks on his teeth from a childhood illness, 65 00:04:35,200 --> 00:04:38,880 Speaker 1: so did this boy. Bobby's uncle did not have to 66 00:04:38,920 --> 00:04:43,279 Speaker 1: look any longer. He knew this was his nephew. He 67 00:04:43,360 --> 00:04:46,240 Speaker 1: called home and told the Franks the news only minutes 68 00:04:46,279 --> 00:04:49,520 Speaker 1: before the kidnapper called to give Jacob Franks his instructions. 69 00:04:50,480 --> 00:04:53,159 Speaker 1: So Jacob had had to sit at the phone and 70 00:04:53,320 --> 00:04:56,160 Speaker 1: listen as the kidnapper spoke of his son as if 71 00:04:56,200 --> 00:05:00,719 Speaker 1: he was still alive. Jacob's plan now was to follow 72 00:05:00,760 --> 00:05:03,760 Speaker 1: the ransom instructions and hope they led to the killer. 73 00:05:04,680 --> 00:05:07,400 Speaker 1: But in his shock, Jacob did not retain the name 74 00:05:07,480 --> 00:05:09,400 Speaker 1: of the drug store he was supposed to go to. 75 00:05:10,400 --> 00:05:14,760 Speaker 1: The trail went cold for more than a week. The 76 00:05:14,800 --> 00:05:18,159 Speaker 1: appalled public wondered who could have committed such a crime. 77 00:05:19,040 --> 00:05:22,960 Speaker 1: Bobby had been beaten and suffocated, and then had acid 78 00:05:23,000 --> 00:05:26,560 Speaker 1: poured on his face after death. It was a senseless 79 00:05:27,120 --> 00:05:32,159 Speaker 1: awful killing. People could only speculate as to what kind 80 00:05:32,200 --> 00:05:36,480 Speaker 1: of monster the killer must be. But when the police 81 00:05:36,520 --> 00:05:40,480 Speaker 1: announced that they had obtained confessions for the crime, the 82 00:05:40,520 --> 00:05:44,080 Speaker 1: culprits were not at all what the public had expected. 83 00:05:45,040 --> 00:05:47,960 Speaker 1: The killers, for there were two of them, were the 84 00:05:48,040 --> 00:05:56,040 Speaker 1: clean cut, brilliant teenage scions of prominent families. Their names 85 00:05:56,839 --> 00:06:03,800 Speaker 1: were Nathan Leopold and Richard Loeb. Leopold and Loebe's names 86 00:06:04,120 --> 00:06:08,800 Speaker 1: are infamous. The killing of Bobby Franks was called the 87 00:06:08,920 --> 00:06:13,039 Speaker 1: crime of the century. As the twisted tale of the 88 00:06:13,080 --> 00:06:16,720 Speaker 1: crime unfolded, people struggled to make sense of how the 89 00:06:16,760 --> 00:06:20,640 Speaker 1: two young men could do what they had done. Everyone 90 00:06:20,720 --> 00:06:24,520 Speaker 1: awaited the trial certain that the pair would be sentenced 91 00:06:24,640 --> 00:06:28,640 Speaker 1: to death, But the killer's family had hired one of 92 00:06:28,680 --> 00:06:33,800 Speaker 1: the most famous attorneys in American history, Clarence Darrow, and 93 00:06:33,960 --> 00:06:37,240 Speaker 1: what happened in the courtroom in that hot summer of 94 00:06:37,360 --> 00:06:41,039 Speaker 1: nineteen twenty four has to be heard to be believed, 95 00:06:41,880 --> 00:06:45,279 Speaker 1: because the Leopold and Loeb trial, one of the most 96 00:06:45,320 --> 00:06:49,360 Speaker 1: well known trials of all time, was not really a 97 00:06:49,400 --> 00:06:55,120 Speaker 1: trial at all. Welcome to History on Trial. I'm your 98 00:06:55,120 --> 00:07:01,160 Speaker 1: host Mira Hayward. This week, Illinois v. Naan Leopold and 99 00:07:01,320 --> 00:07:09,039 Speaker 1: Richard Loeb. Leopold and Lobes lives ran like trains on 100 00:07:09,160 --> 00:07:15,520 Speaker 1: parallel tracks until fatefully their paths converged. Both boys were 101 00:07:15,520 --> 00:07:21,680 Speaker 1: born to wealthy families, Nathan Freudenthal Leopold Junior on November nineteenth, 102 00:07:21,800 --> 00:07:26,640 Speaker 1: nineteen oh four, to Florence and Nathan Leopold, and Richard 103 00:07:26,680 --> 00:07:30,840 Speaker 1: Albert lob On June eleventh, nineteen oh five, to Albert 104 00:07:30,880 --> 00:07:36,520 Speaker 1: and Anna Loeb. Both boys had nicknames. Everyone called Nathan Babe, 105 00:07:37,000 --> 00:07:41,360 Speaker 1: everyone called Richard Dickie. Both boys grew up in Kenwood, 106 00:07:41,640 --> 00:07:46,640 Speaker 1: an affluent, predominantly Jewish neighborhood on Chicago's South Side. Both 107 00:07:46,680 --> 00:07:50,520 Speaker 1: boys were precocious, skipping multiple grades and racing through their 108 00:07:50,520 --> 00:07:54,680 Speaker 1: school years in record time, and both boys were impacted 109 00:07:54,920 --> 00:08:00,480 Speaker 1: by disturbed nannies. Nathan was allegedly sexually abused by any 110 00:08:01,040 --> 00:08:04,880 Speaker 1: while Richard was allegedly emotionally abused by his domineering and 111 00:08:05,000 --> 00:08:10,000 Speaker 1: obsessive nanny. But the boys had differences too. They attended 112 00:08:10,040 --> 00:08:16,520 Speaker 1: different schools, had different interests, and very different personalities. Nathan 113 00:08:16,760 --> 00:08:20,760 Speaker 1: was aloof and egotistical. He had trouble connecting to his 114 00:08:20,840 --> 00:08:25,360 Speaker 1: peers his classmates at the Harvard School for Boys, nicknamed 115 00:08:25,440 --> 00:08:30,000 Speaker 1: him Flea because he was small and annoying. He was 116 00:08:30,080 --> 00:08:35,240 Speaker 1: obsessed with birds. He shot and taxidermied thousands of the animals, 117 00:08:35,679 --> 00:08:38,720 Speaker 1: placing them around the Leopold Home until it looked like 118 00:08:38,760 --> 00:08:43,079 Speaker 1: a natural history museum. Richard, on the other hand, was 119 00:08:43,160 --> 00:08:47,880 Speaker 1: popular and outgoing. He could easily fit into any social situation, 120 00:08:48,559 --> 00:08:53,040 Speaker 1: charming classmates and adults alike, but he sometimes seemed to 121 00:08:53,080 --> 00:08:55,800 Speaker 1: be playing a role, and when people tried to get 122 00:08:55,800 --> 00:08:59,040 Speaker 1: close to him, he would not let them in. He 123 00:08:59,080 --> 00:09:02,760 Speaker 1: moved on from friend ships quickly. No one quite had 124 00:09:02,800 --> 00:09:07,120 Speaker 1: a grasp on who the real Richard was. His defining 125 00:09:07,160 --> 00:09:12,000 Speaker 1: adolescent interest was not birds, but books, detective fiction to 126 00:09:12,040 --> 00:09:17,000 Speaker 1: be specific, which he consumed voraciously. Since the two boys 127 00:09:17,040 --> 00:09:20,440 Speaker 1: had grown up so close together and in such similar circles, 128 00:09:20,840 --> 00:09:24,200 Speaker 1: they likely met once or twice in their childhood, but 129 00:09:24,240 --> 00:09:26,960 Speaker 1: it would not be until nineteen twenty that they would 130 00:09:27,040 --> 00:09:33,240 Speaker 1: truly connect. With deadly consequences that fall, Nathan enrolled at 131 00:09:33,280 --> 00:09:37,280 Speaker 1: the University of Chicago, where Richard was beginning his sophomore year. 132 00:09:38,040 --> 00:09:41,760 Speaker 1: Both boys were only fifteen years old. They each had 133 00:09:41,800 --> 00:09:47,480 Speaker 1: different approaches to college. Richard went a little wild, drinking, gambling, 134 00:09:47,679 --> 00:09:51,840 Speaker 1: and losing his virginity at a brothel. Nathan, by contrast, 135 00:09:52,320 --> 00:09:57,880 Speaker 1: maintained his standoffish, superior attitude. Richard was stylish and handsome, 136 00:09:58,520 --> 00:10:02,439 Speaker 1: Nathan gawky and awkward. Over the course of the winter, 137 00:10:02,600 --> 00:10:06,400 Speaker 1: though the two began to get closer. They played cards 138 00:10:06,440 --> 00:10:11,800 Speaker 1: and stayed up late drinking and talking. In February nineteen 139 00:10:11,880 --> 00:10:15,080 Speaker 1: twenty one, Richard took Nathan on a trip to his 140 00:10:15,160 --> 00:10:19,720 Speaker 1: family's estate in Charlevoi, Michigan. Albert Loebe had built an 141 00:10:19,920 --> 00:10:23,520 Speaker 1: enormous working farm there, and the Lobes loved to escape 142 00:10:23,600 --> 00:10:27,640 Speaker 1: Chicago for the peace of the lakeside retreat. Now, Richard 143 00:10:27,679 --> 00:10:31,080 Speaker 1: invited his new friend to visit. The train trip from 144 00:10:31,160 --> 00:10:34,880 Speaker 1: Chicago took twelve hours, and the pair shared a private 145 00:10:34,920 --> 00:10:38,840 Speaker 1: train car. Over the course of the long journey, Richard 146 00:10:38,880 --> 00:10:42,400 Speaker 1: and Nathan opened up to each other, sharing their feelings 147 00:10:42,440 --> 00:10:47,599 Speaker 1: of loneliness their desire to fit in. They also shared secrets. 148 00:10:48,320 --> 00:10:51,959 Speaker 1: Richard told Nathan about the thefts he'd committed inspired by 149 00:10:51,960 --> 00:10:56,640 Speaker 1: his love of crime fiction. In return, Nathan told Richard 150 00:10:56,840 --> 00:11:00,400 Speaker 1: that he was gay. Nathan had known he was gay 151 00:11:00,520 --> 00:11:05,800 Speaker 1: since childhood. Richard's sexuality is more ambiguous. He had sex 152 00:11:05,840 --> 00:11:09,440 Speaker 1: with women and like to maintain a playboy image. However, 153 00:11:09,559 --> 00:11:13,760 Speaker 1: he would later tell psychiatrists quote, the actual sex act 154 00:11:13,840 --> 00:11:17,240 Speaker 1: is rather unimportant to me, and I could get along 155 00:11:17,280 --> 00:11:22,120 Speaker 1: easily without it. On that train ride, though, perhaps fueled 156 00:11:22,200 --> 00:11:27,040 Speaker 1: by an intoxicating sense of closeness and shared vulnerability, Richard 157 00:11:27,080 --> 00:11:31,600 Speaker 1: and Nathan began a sexual relationship. In many ways, this 158 00:11:31,760 --> 00:11:35,600 Speaker 1: was a normal teenage fling. However, it had to be 159 00:11:35,640 --> 00:11:41,360 Speaker 1: conducted in strict secrecy. Homosexuality was deeply stigmatized at the time. 160 00:11:42,120 --> 00:11:44,920 Speaker 1: The secret nature of their relationship seems to have brought 161 00:11:45,000 --> 00:11:49,800 Speaker 1: the pair even closer, as did their second secret. In 162 00:11:49,840 --> 00:11:53,800 Speaker 1: the spring, shortly after their trip to Charlevoi, Richard and 163 00:11:53,960 --> 00:11:58,800 Speaker 1: Nathan began committing crimes together. They stole cars and went 164 00:11:58,840 --> 00:12:02,600 Speaker 1: for joy rides, tossed bricks through the windshields of parked cars, 165 00:12:02,920 --> 00:12:07,880 Speaker 1: and vandalized businesses. The relationship seems to have fulfilled both 166 00:12:07,960 --> 00:12:13,480 Speaker 1: Richard and Nathan's childhood fantasies. For Nathan, the handsome, suave 167 00:12:13,679 --> 00:12:18,840 Speaker 1: Richard provided him social cachet and sexual gratification. For Richard, 168 00:12:19,040 --> 00:12:22,920 Speaker 1: the brilliant, fearless Nathan was the perfect partner in crime. 169 00:12:23,880 --> 00:12:28,160 Speaker 1: Both struggled to make genuine connections with others. With each other, 170 00:12:28,360 --> 00:12:32,319 Speaker 1: it seemed they could finally be themselves and be accepted, 171 00:12:33,400 --> 00:12:38,320 Speaker 1: but that summer things nearly fell apart. A fellow University 172 00:12:38,360 --> 00:12:41,959 Speaker 1: of Chicago student, Hamlin Bouchman, was working at the Lobe 173 00:12:41,960 --> 00:12:45,200 Speaker 1: farm at Charlevoi when Richard and Nathan came for a visit. 174 00:12:45,880 --> 00:12:49,240 Speaker 1: The three spent the evening drinking together and then fell asleep. 175 00:12:50,040 --> 00:12:53,520 Speaker 1: During the night, Buchman saw Richard go into Nathan's bed. 176 00:12:54,360 --> 00:12:58,800 Speaker 1: Richard and Nathan, realizing that their secret was out, decided 177 00:12:58,880 --> 00:13:03,880 Speaker 1: to take jurrass stick action. They attempted to kill Buchman. 178 00:13:05,040 --> 00:13:07,760 Speaker 1: They took Buuchman out on a boat, and, believing that 179 00:13:07,840 --> 00:13:12,240 Speaker 1: he could not swim, tipped the boat over. Buchman managed 180 00:13:12,240 --> 00:13:15,040 Speaker 1: to make it out of the lake in shock. He 181 00:13:15,120 --> 00:13:18,240 Speaker 1: immediately ran to Richard's brother, Allan and told him about 182 00:13:18,280 --> 00:13:22,280 Speaker 1: Richard and Nathan's relationship. The Low family did not believe 183 00:13:22,320 --> 00:13:25,920 Speaker 1: Buchman and fired him from the farm. Buchman traveled back 184 00:13:25,960 --> 00:13:30,280 Speaker 1: to Chicago and immediately told classmates what he'd seen. When 185 00:13:30,360 --> 00:13:34,240 Speaker 1: Richard and Nathan returned to campus, gossip about them raged 186 00:13:34,360 --> 00:13:38,400 Speaker 1: like wildfire. That fall in part due to the rumors 187 00:13:38,559 --> 00:13:42,000 Speaker 1: and in part due to a sense of restlessness. Richard 188 00:13:42,040 --> 00:13:46,319 Speaker 1: decided to transfer to the University of Michigan. Nathan decided 189 00:13:46,360 --> 00:13:50,120 Speaker 1: to transfer with him, but soon after the school year started, 190 00:13:50,440 --> 00:13:54,800 Speaker 1: Nathan learned that his mother, Florence, was dying. He managed 191 00:13:54,800 --> 00:13:56,520 Speaker 1: to make it home in time to be with her 192 00:13:56,640 --> 00:14:00,600 Speaker 1: when she died on October seventeenth, nineteen twenty one. It 193 00:14:00,720 --> 00:14:05,080 Speaker 1: was a devastating loss. When Nathan returned to Michigan, he 194 00:14:05,160 --> 00:14:09,240 Speaker 1: found that Richard had made new friends. These friends, along 195 00:14:09,280 --> 00:14:13,480 Speaker 1: with many other Michigan students, did not like Nathan. They 196 00:14:13,520 --> 00:14:17,360 Speaker 1: thought he was cold and pretentious. Rumors about the two 197 00:14:17,480 --> 00:14:22,040 Speaker 1: boys sexual relationship had also reached campus. Nathan and Richard 198 00:14:22,040 --> 00:14:24,880 Speaker 1: decided to quash the rumors by spending less time together. 199 00:14:25,600 --> 00:14:27,920 Speaker 1: At the end of the year, Nathan transferred back to 200 00:14:27,960 --> 00:14:31,880 Speaker 1: the University of Chicago. Richard stayed on at Michigan, where 201 00:14:31,920 --> 00:14:36,120 Speaker 1: he pledged a fraternity, drank, heavily, worked minimally, and read 202 00:14:36,160 --> 00:14:41,520 Speaker 1: detective novels. At Chicago, Nathan favored the intellectual life, studying 203 00:14:41,560 --> 00:14:47,440 Speaker 1: comparative language and becoming obsessed with the German philosopher Friedrich Nietzsche. 204 00:14:47,560 --> 00:14:52,360 Speaker 1: Nathan loved Nietzsche's conception of the Ubermensch, which he interpreted 205 00:14:52,400 --> 00:14:56,560 Speaker 1: to be quote a superman who, on account of certain 206 00:14:56,600 --> 00:15:00,280 Speaker 1: superior qualities inherent in him, is exempted for from the 207 00:15:00,440 --> 00:15:05,200 Speaker 1: ordinary laws which govern ordinary men. He is not liable 208 00:15:05,360 --> 00:15:10,239 Speaker 1: for anything he may do. Philosophers might disagree with Nathan's 209 00:15:10,240 --> 00:15:13,800 Speaker 1: definition of this concept, but it is an interpretation that 210 00:15:13,960 --> 00:15:20,360 Speaker 1: reveals Nathan's desire to transcend conventional definitions of morality. Over 211 00:15:20,400 --> 00:15:23,160 Speaker 1: the next year, Richard and Nathan did not keep in 212 00:15:23,240 --> 00:15:27,080 Speaker 1: close touch. In the summer of nineteen twenty three, however, 213 00:15:27,320 --> 00:15:31,720 Speaker 1: they found themselves reunited in Chicago. Both had graduated that 214 00:15:31,800 --> 00:15:36,000 Speaker 1: spring at age eighteen, the youngest graduates in the history 215 00:15:36,040 --> 00:15:40,960 Speaker 1: of their respective colleges. At loose ends, they reconnected and 216 00:15:41,120 --> 00:15:45,720 Speaker 1: resumed their life of crime. They cheated at cards, planned 217 00:15:45,800 --> 00:15:51,440 Speaker 1: break ins, and set fires. Nathan even managed to acquire guns, 218 00:15:51,640 --> 00:15:56,400 Speaker 1: which they carried with them on their nighttime expeditions. However, 219 00:15:57,160 --> 00:16:01,240 Speaker 1: the friendship was a fraught one. The pair argued constantly. 220 00:16:01,920 --> 00:16:04,960 Speaker 1: Nathan was jealous of the time Richard spent with other friends. 221 00:16:05,720 --> 00:16:09,480 Speaker 1: Richard was tired of Nathan's constant bragging about his intelligence. 222 00:16:10,400 --> 00:16:13,480 Speaker 1: In October, they had a falling out and almost ended 223 00:16:13,480 --> 00:16:17,400 Speaker 1: their relationship. Nathan confessed in a letter to Richard that 224 00:16:17,480 --> 00:16:21,160 Speaker 1: he had thought about killing him. He also threatened to 225 00:16:21,240 --> 00:16:26,000 Speaker 1: expose Richard, either for their sexual relationship or for their crimes. 226 00:16:26,880 --> 00:16:31,080 Speaker 1: For some reason, even after all of this, the friendship continued. 227 00:16:32,000 --> 00:16:35,120 Speaker 1: In November, while Richard and Nathan were both enrolled in 228 00:16:35,200 --> 00:16:38,960 Speaker 1: graduate classes at the University of Chicago, they decided to 229 00:16:39,000 --> 00:16:43,360 Speaker 1: commit their most daring crime yet. On Saturday the tenth, 230 00:16:43,600 --> 00:16:46,720 Speaker 1: they drove up to Ann Arbor to rob Richard's old 231 00:16:46,760 --> 00:16:51,960 Speaker 1: fraternity house. They brought guns, masks, flashlights, and a chisel 232 00:16:52,120 --> 00:16:56,760 Speaker 1: with them. It wasn't a very complicated crime. Upon arrival, 233 00:16:56,880 --> 00:17:00,760 Speaker 1: they walked through the unlocked front door and stole items 234 00:17:00,760 --> 00:17:04,679 Speaker 1: they found lying around, loose change, a pen and pencil, 235 00:17:05,280 --> 00:17:11,479 Speaker 1: a knife, and notably, a portable underwood typewriter. They had 236 00:17:11,520 --> 00:17:14,360 Speaker 1: agreed earlier in the night to break into two fraternities, 237 00:17:14,800 --> 00:17:17,679 Speaker 1: but after pulling off the first tist, Richard wanted to 238 00:17:17,720 --> 00:17:21,520 Speaker 1: go home. Nathan demanded that they follow through on the plan. 239 00:17:22,320 --> 00:17:25,439 Speaker 1: They went into another house and stole a camera, but 240 00:17:25,480 --> 00:17:29,639 Speaker 1: when Richard heard someone snoring, he panicked and ran. On 241 00:17:29,680 --> 00:17:33,600 Speaker 1: the drive home, Nathan was furious, he called Richard a 242 00:17:33,640 --> 00:17:38,159 Speaker 1: coward and questioned their connection. The argument built and built, 243 00:17:38,200 --> 00:17:42,240 Speaker 1: and the two nearly ended things right there, but ultimately 244 00:17:42,720 --> 00:17:47,240 Speaker 1: they didn't. Instead, deciding to once again double down on 245 00:17:47,359 --> 00:17:52,919 Speaker 1: their toxic bond, the pair created a pact. The terms 246 00:17:52,920 --> 00:17:56,000 Speaker 1: of the pact, which they determined would last until Nathan 247 00:17:56,119 --> 00:18:00,439 Speaker 1: left for Europe the following summer. Were this agreed to 248 00:18:00,440 --> 00:18:04,520 Speaker 1: participate in any crime that Richard asked him to, unless 249 00:18:04,560 --> 00:18:07,320 Speaker 1: he thought it would put him or his family in danger. 250 00:18:08,160 --> 00:18:11,400 Speaker 1: In exchange, Richard agreed to have sex with Nathan three 251 00:18:11,440 --> 00:18:15,920 Speaker 1: times every two months. Lastly, the two agreed to embark 252 00:18:15,960 --> 00:18:19,879 Speaker 1: on a new project, one that they believed would strengthen 253 00:18:20,000 --> 00:18:29,760 Speaker 1: their relationship. Leopold and Lobe decided to kidnap someone. Progress 254 00:18:30,000 --> 00:18:34,400 Speaker 1: was slow on the kidnapping plan. In March nineteen twenty four, 255 00:18:34,680 --> 00:18:38,359 Speaker 1: Nathan and Richard had another fight and renegotiated the pact. 256 00:18:39,160 --> 00:18:41,920 Speaker 1: Now Richard agreed to have sex with Nathan every time 257 00:18:41,960 --> 00:18:45,720 Speaker 1: they committed a crime. They also began planning the kidnapping 258 00:18:45,960 --> 00:18:50,320 Speaker 1: in earnest. Richard had long been obsessed with committing the 259 00:18:50,359 --> 00:18:55,880 Speaker 1: perfect crime. Nathan had long been obsessed. Without smarting others, 260 00:18:56,359 --> 00:19:02,480 Speaker 1: their obsessions combined with tragic consequences. That spring, they were 261 00:19:02,520 --> 00:19:06,919 Speaker 1: determined to execute a flawless kidnapping. They plotted out an 262 00:19:06,960 --> 00:19:12,040 Speaker 1: elaborate ransom plan, which involved multiple stops, phone calls, and 263 00:19:12,080 --> 00:19:15,280 Speaker 1: a money drop off of a moving train. They even 264 00:19:15,320 --> 00:19:18,640 Speaker 1: rehearsed the money drop, throwing a bundle of newspapers from 265 00:19:18,640 --> 00:19:22,119 Speaker 1: the train to see where it landed. The pair also 266 00:19:22,160 --> 00:19:24,919 Speaker 1: decided that they would have to kill their victim to 267 00:19:25,040 --> 00:19:29,919 Speaker 1: avoid being identified. They discussed different methods of murder and 268 00:19:30,040 --> 00:19:34,280 Speaker 1: settled on either strangulation or drugging with ether. They chose 269 00:19:34,320 --> 00:19:37,959 Speaker 1: a location to dump the body. Nathan suggested the area 270 00:19:38,040 --> 00:19:42,480 Speaker 1: around Wolf Lake, where he often led birding trips. The 271 00:19:42,520 --> 00:19:45,119 Speaker 1: only thing that the two could not decide on was 272 00:19:45,160 --> 00:19:48,520 Speaker 1: a victim. They eventually decided that it would be best 273 00:19:48,560 --> 00:19:50,760 Speaker 1: to take a young boy from a wealthy family who 274 00:19:50,760 --> 00:19:54,199 Speaker 1: would pay the ransom. There were many such boys at 275 00:19:54,240 --> 00:19:59,720 Speaker 1: the Harvard School for Boys, Nathan's alma mater. Richard and 276 00:19:59,800 --> 00:20:02,240 Speaker 1: Nate and spent the month of May getting the final 277 00:20:02,280 --> 00:20:06,840 Speaker 1: details in place. They constructed a fake identity, Morton Ballard, 278 00:20:07,320 --> 00:20:09,680 Speaker 1: which they used to open a bank account and rent 279 00:20:09,720 --> 00:20:14,199 Speaker 1: a car. They bought a chisel rope and hydrochloric acid. 280 00:20:14,960 --> 00:20:18,000 Speaker 1: They typed up a ransom letter and scripts to use 281 00:20:18,040 --> 00:20:23,159 Speaker 1: for their calls by May twenty first they were ready. 282 00:20:23,880 --> 00:20:27,480 Speaker 1: That morning, they rented a dark blue car, ate lunch, 283 00:20:27,800 --> 00:20:31,600 Speaker 1: and drove to the Harvard School. They lurked around the area, 284 00:20:31,920 --> 00:20:35,080 Speaker 1: using a pair of Nathan's birding binoculars to spy on 285 00:20:35,160 --> 00:20:39,480 Speaker 1: the boys for several hours. A little after five PM, 286 00:20:39,800 --> 00:20:44,880 Speaker 1: they spotted Bobby Franks walking down Ellis Avenue. Bobby Franks 287 00:20:45,280 --> 00:20:50,159 Speaker 1: was Richard Loebe's second cousin. Their families lived across the 288 00:20:50,200 --> 00:20:54,600 Speaker 1: street from each other. Bobby had played tennis with Richard 289 00:20:54,840 --> 00:20:58,960 Speaker 1: the day before. He had no reason to be suspicious 290 00:20:59,000 --> 00:21:02,359 Speaker 1: when Nathan and Richard pulled up alongside him and offered 291 00:21:02,400 --> 00:21:06,560 Speaker 1: him a ride home. Bobby declined, though his home was 292 00:21:06,600 --> 00:21:10,840 Speaker 1: only two blocks away. Richard tried again, saying he wanted 293 00:21:10,840 --> 00:21:14,919 Speaker 1: to ask Bobby about his tennis racket. Bobby agreed and 294 00:21:15,040 --> 00:21:20,960 Speaker 1: hopped in the car. Within minutes, the attack began. Richard 295 00:21:21,000 --> 00:21:24,359 Speaker 1: and Nathan never agreed on who had done the actual killing, 296 00:21:24,800 --> 00:21:28,679 Speaker 1: each blaming the other. One of them, though, began to 297 00:21:28,760 --> 00:21:32,200 Speaker 1: beat Bobby with the chisel, then shoved an ether soaked 298 00:21:32,320 --> 00:21:36,240 Speaker 1: rag down his throat. Unconscious, Bobby lay bleeding on the 299 00:21:36,280 --> 00:21:38,800 Speaker 1: floor of the car As it sped out of Chicago. 300 00:21:39,880 --> 00:21:44,080 Speaker 1: Around six, Richard and Nathan stopped for dinner. They ate 301 00:21:44,160 --> 00:21:46,960 Speaker 1: hot dogs and drank root beer at a picnic table 302 00:21:47,359 --> 00:21:51,199 Speaker 1: while Bobby suffocated to death in the car. Once it 303 00:21:51,240 --> 00:21:54,840 Speaker 1: got dark, they drove to wolf Lake and dumped Bobby's 304 00:21:54,840 --> 00:21:59,360 Speaker 1: body in a culvert, first pouring acid on his face, genitals, 305 00:21:59,400 --> 00:22:02,119 Speaker 1: and on a skin on his abdomen in an effort 306 00:22:02,119 --> 00:22:06,840 Speaker 1: to prevent identification. On the drive home, Nathan stopped and 307 00:22:06,920 --> 00:22:10,040 Speaker 1: called the Franks and told Flora that her son had 308 00:22:10,080 --> 00:22:16,800 Speaker 1: been kidnapped. Nathan and Richard's so called perfect crime fell 309 00:22:16,840 --> 00:22:22,359 Speaker 1: apart quickly. Bobby's body was discovered sooner than they had expected, 310 00:22:22,840 --> 00:22:27,720 Speaker 1: and Jacob Franks could not remember the complicated ransom instructions. However, 311 00:22:28,160 --> 00:22:30,760 Speaker 1: no one had any idea who had committed the crime. 312 00:22:31,640 --> 00:22:35,359 Speaker 1: It was the talk of Chicago, and Richard himself couldn't 313 00:22:35,400 --> 00:22:39,320 Speaker 1: help but bring up the subject. He even involved himself 314 00:22:39,359 --> 00:22:43,359 Speaker 1: in the investigation, taking reporters on an expedition to discover 315 00:22:43,480 --> 00:22:46,080 Speaker 1: which drug store Jacob Franks was supposed to have gone to. 316 00:22:47,119 --> 00:22:50,919 Speaker 1: On this trip, the reporter asked Richard about Bobby, hoping 317 00:22:50,960 --> 00:22:55,320 Speaker 1: to get family details for their story. Richard, to their horror, 318 00:22:55,760 --> 00:22:59,000 Speaker 1: told them quote, if I were going to murder anyone, 319 00:22:59,280 --> 00:23:01,639 Speaker 1: I would murder just such a cocky little son of 320 00:23:01,640 --> 00:23:05,480 Speaker 1: a bitch as Bobby Frank's. On May twenty fifth, the 321 00:23:05,480 --> 00:23:09,560 Speaker 1: Frank's family held Bobby's funeral at their home. A distraught 322 00:23:09,600 --> 00:23:13,359 Speaker 1: Flora Franks, who refused to believe that her son was dead, 323 00:23:14,000 --> 00:23:17,360 Speaker 1: ran her hands tenderly over the faces of his classmates. 324 00:23:18,200 --> 00:23:21,880 Speaker 1: Jacob Franks told the Chicago Tribune, I'd try to put 325 00:23:21,920 --> 00:23:25,199 Speaker 1: things out of my mind, but they come back. My 326 00:23:25,280 --> 00:23:28,680 Speaker 1: wife keeps showing me pictures of him, and I lay 327 00:23:28,680 --> 00:23:34,440 Speaker 1: awake until dawn thinking about it all, thinking about that baby. Meanwhile, 328 00:23:34,880 --> 00:23:39,600 Speaker 1: Richard and Nathan continued their normal lives, attending dinners, taking 329 00:23:39,640 --> 00:23:43,200 Speaker 1: girls out on dates, drinking and dancing the nights away, 330 00:23:44,200 --> 00:23:49,719 Speaker 1: but unbeknownst to them, the police were circling. Ultimately, it 331 00:23:49,760 --> 00:23:52,800 Speaker 1: was a pair of glasses that proved to be the killers. 332 00:23:52,880 --> 00:23:57,720 Speaker 1: Undoing the glasses had been found by Bobby's body. The 333 00:23:57,760 --> 00:24:00,440 Speaker 1: first officer on the scene had assumed they were the boys, 334 00:24:00,840 --> 00:24:04,159 Speaker 1: but after learning they were not, investigators wondered if the 335 00:24:04,240 --> 00:24:08,040 Speaker 1: killer had dropped them. They spent all week tracing the 336 00:24:08,080 --> 00:24:13,040 Speaker 1: glasses and caught a huge break. The frames had a 337 00:24:13,080 --> 00:24:17,840 Speaker 1: distinctive hinge, only manufactured by one company in Brooklyn and 338 00:24:17,960 --> 00:24:22,320 Speaker 1: only sold by one optometrist in Chicago, Almer and Co. 339 00:24:23,400 --> 00:24:26,080 Speaker 1: The company searched its records and discovered that it had 340 00:24:26,119 --> 00:24:29,480 Speaker 1: sold three pairs of the glasses, one to a man 341 00:24:29,520 --> 00:24:32,000 Speaker 1: who was now in Europe, one to a woman who 342 00:24:32,080 --> 00:24:37,280 Speaker 1: still had her glasses, and one to Nathan Leopold. Nathan 343 00:24:37,400 --> 00:24:40,160 Speaker 1: had in fact been brought in by the police already, 344 00:24:40,520 --> 00:24:44,600 Speaker 1: but for unrelated reasons. A game warden at wolf Lake 345 00:24:44,880 --> 00:24:47,639 Speaker 1: had identified him to police as someone who frequented the 346 00:24:47,720 --> 00:24:51,000 Speaker 1: area for birding trips, and the police had questioned him 347 00:24:51,000 --> 00:24:54,800 Speaker 1: on May twenty fifth, the day of Bobby's funeral. Nathan 348 00:24:54,920 --> 00:24:58,040 Speaker 1: was not a suspect at this point. The police simply 349 00:24:58,080 --> 00:25:00,240 Speaker 1: wanted to know when he was last in the area. 350 00:25:01,119 --> 00:25:03,720 Speaker 1: Nathan said he had last been there the weekend before 351 00:25:03,760 --> 00:25:08,040 Speaker 1: Bobby's murder, and the police released him. But with the 352 00:25:08,040 --> 00:25:14,359 Speaker 1: glass's revelation, everything changed. Now the police focused their energy 353 00:25:14,440 --> 00:25:18,840 Speaker 1: on Nathan. On May twenty ninth, States attorney Robert Crowe, 354 00:25:18,880 --> 00:25:21,760 Speaker 1: who was leading the investigation and would soon lead the 355 00:25:21,800 --> 00:25:27,040 Speaker 1: prosecution sent detectives to question Nathan. When Nathan could not 356 00:25:27,160 --> 00:25:30,480 Speaker 1: produce his glasses, the detectives decided to bring him in 357 00:25:30,520 --> 00:25:35,320 Speaker 1: for questioning. Under questioning, Nathan claimed that his glasses must 358 00:25:35,359 --> 00:25:37,560 Speaker 1: have fallen out of his pocket while bird watching at 359 00:25:37,560 --> 00:25:41,480 Speaker 1: Wolf Lake. However, when given his glasses and asked to 360 00:25:41,520 --> 00:25:45,240 Speaker 1: recreate the fall, Nathan could not dislodge the glasses from 361 00:25:45,240 --> 00:25:49,240 Speaker 1: his jacket pocket. He denied owning a portable typewriter, the 362 00:25:49,359 --> 00:25:52,639 Speaker 1: kind of typewriter used to make the ransom note, and 363 00:25:52,680 --> 00:25:55,040 Speaker 1: he claimed that on the day of the kidnapping, he 364 00:25:55,160 --> 00:25:58,399 Speaker 1: had been out driving, drinking, and picking up girls with 365 00:25:58,560 --> 00:26:03,200 Speaker 1: Richard Loeb. The detectives then searched his house again, uncovering 366 00:26:03,280 --> 00:26:09,480 Speaker 1: bottles of poisons and drugs, including ether, and two unlicensed handguns. 367 00:26:10,560 --> 00:26:14,720 Speaker 1: Detectives arrived at Richard's house the next day, Friday, May thirtieth. 368 00:26:15,800 --> 00:26:18,199 Speaker 1: Richard claimed not to remember what he had done on 369 00:26:18,240 --> 00:26:21,399 Speaker 1: the day of the murder, but later, after receiving a 370 00:26:21,400 --> 00:26:25,080 Speaker 1: message from Nathan that he should quote remember what happened, 371 00:26:25,680 --> 00:26:28,760 Speaker 1: he told the police the same story about driving around 372 00:26:28,840 --> 00:26:33,119 Speaker 1: in Nathan's car. Robert Crowe and the police were convinced 373 00:26:33,119 --> 00:26:36,360 Speaker 1: that they had their men, and two events on Friday 374 00:26:36,400 --> 00:26:41,520 Speaker 1: solidified their case. First, a typewriter expert matched the type 375 00:26:41,680 --> 00:26:44,600 Speaker 1: in Nathan's study group notes to the type in the 376 00:26:44,680 --> 00:26:49,320 Speaker 1: ransom note. Though Nathan had denied having a portable typewriter, 377 00:26:49,840 --> 00:26:52,880 Speaker 1: Robert Crowe brought in members of his study group, who 378 00:26:52,920 --> 00:26:56,240 Speaker 1: all stated that he had once used a portable typewriter. 379 00:26:56,960 --> 00:27:00,240 Speaker 1: It would later emerge that the typewriter used was the 380 00:27:00,320 --> 00:27:04,840 Speaker 1: Underwood portable typewriter that Nathan and Richard had stolen from 381 00:27:04,840 --> 00:27:08,960 Speaker 1: the Michigan fraternity. The final nail in the coffin came 382 00:27:09,000 --> 00:27:14,240 Speaker 1: from the Leopold family chauffeur Spen England. England had believed 383 00:27:14,280 --> 00:27:18,760 Speaker 1: that his information would help exonerate Nathan. According to his statement, 384 00:27:19,080 --> 00:27:21,760 Speaker 1: England had been working on the brakes on Nathan's car 385 00:27:21,880 --> 00:27:24,640 Speaker 1: on May twenty first, so Nathan could not have used 386 00:27:24,640 --> 00:27:28,719 Speaker 1: his car to kidnap anyone. But England didn't know that 387 00:27:28,840 --> 00:27:33,480 Speaker 1: Nathan claimed to have driven around in his car that day. Inadvertently, 388 00:27:33,880 --> 00:27:38,879 Speaker 1: England had broken Nathan's alibi. England also told police that 389 00:27:38,920 --> 00:27:41,919 Speaker 1: he saw Nathan and Richard cleaning stains out of a 390 00:27:42,000 --> 00:27:46,520 Speaker 1: dark colored car on the twenty second, Bobby Franks was 391 00:27:46,600 --> 00:27:49,399 Speaker 1: last seen in the vicinity of a dark colored car, 392 00:27:50,280 --> 00:27:53,080 Speaker 1: and a dark colored car had been spotted near wolf 393 00:27:53,119 --> 00:27:56,119 Speaker 1: Lake around the time the killers had dumped Bobby's body. 394 00:27:57,200 --> 00:28:01,199 Speaker 1: With these four pieces of evidence, the broken alibi, the 395 00:28:01,240 --> 00:28:06,000 Speaker 1: matching glasses, the matching typewriter, and Leopold and Loebe's possession 396 00:28:06,040 --> 00:28:09,680 Speaker 1: of a dark colored car, Robert Crowe believed he had 397 00:28:09,840 --> 00:28:14,920 Speaker 1: enough to get a confession. He decided to confront Richard first. 398 00:28:16,160 --> 00:28:20,719 Speaker 1: When Crowe told Richard about England's evidence, Richard responded that 399 00:28:20,760 --> 00:28:25,600 Speaker 1: the man must be lying or mistaken. But then Assistant 400 00:28:25,640 --> 00:28:30,879 Speaker 1: States Attorney Joseph Sparbaro confronted Richard with all the evidence. 401 00:28:32,119 --> 00:28:36,560 Speaker 1: My god, my god, Richard cried, this is terrible. He 402 00:28:36,640 --> 00:28:42,120 Speaker 1: burst into tears, then he started to talk. He gave 403 00:28:42,240 --> 00:28:46,200 Speaker 1: Crow and Sparbarro a detailed confession of the kidnapping and 404 00:28:46,400 --> 00:28:51,840 Speaker 1: murder of Bobby Franks. With one confession obtained, Crow turned 405 00:28:51,880 --> 00:28:56,840 Speaker 1: his attention to Nathan. Even after hours of questioning, Nathan 406 00:28:57,000 --> 00:29:00,880 Speaker 1: was self assured when Crow walked into his room that evening. 407 00:29:01,360 --> 00:29:04,200 Speaker 1: Nathan wanted to ask the attorney what he called a 408 00:29:04,280 --> 00:29:10,000 Speaker 1: hypothetical question quote supposing John Doe had committed this murder, 409 00:29:10,400 --> 00:29:14,000 Speaker 1: and John Doe's family was as wealthy and influential as 410 00:29:14,120 --> 00:29:18,160 Speaker 1: mine is, and could hire able lawyers and get a 411 00:29:18,160 --> 00:29:22,080 Speaker 1: friendly judge and bribe the jury. Don't you think he 412 00:29:22,120 --> 00:29:27,120 Speaker 1: could beat it well, Nathan, said Crow. I will let 413 00:29:27,160 --> 00:29:31,240 Speaker 1: you try to find out. What do you mean, asked Nathan, 414 00:29:32,240 --> 00:29:37,120 Speaker 1: I'm going to charge you with murder. Nathan was incredulous. 415 00:29:37,640 --> 00:29:40,880 Speaker 1: Even when Crow told him that Richard had confessed. Nathan 416 00:29:40,960 --> 00:29:44,560 Speaker 1: did not believe it until Crow began to recite details 417 00:29:44,600 --> 00:29:47,960 Speaker 1: of the crime that only Richard could have known. For 418 00:29:48,080 --> 00:29:52,520 Speaker 1: a moment, Nathan paused. Then he lit a cigarette and 419 00:29:52,680 --> 00:29:56,960 Speaker 1: said to Crow, well, if Lobe is talking, I will 420 00:29:56,960 --> 00:30:00,240 Speaker 1: tell you the real truth over the ni The next 421 00:30:00,280 --> 00:30:03,560 Speaker 1: two days, Crow took Nathan and Richard on an evidence 422 00:30:03,640 --> 00:30:07,080 Speaker 1: gathering tour, stopping at the businesses they had used to 423 00:30:07,120 --> 00:30:10,920 Speaker 1: prepare for their crime. They visited the car rental agency, 424 00:30:11,480 --> 00:30:14,440 Speaker 1: the hardware store where they'd bought the rope, the drug 425 00:30:14,480 --> 00:30:18,240 Speaker 1: store where they'd bought the hydrochloric acid. Everywhere they went, 426 00:30:18,800 --> 00:30:26,120 Speaker 1: shopkeepers identified them so much for committing a perfect crime. Still, 427 00:30:26,280 --> 00:30:29,320 Speaker 1: the peril of their situation seemed not to have sunk in. 428 00:30:30,120 --> 00:30:33,400 Speaker 1: Nathan joked with reporters and repeatedly stated that he had 429 00:30:33,600 --> 00:30:37,320 Speaker 1: no remorse for the crime. Richard told a reporter that 430 00:30:37,360 --> 00:30:40,360 Speaker 1: a few years in jail would be good for him, quote, 431 00:30:40,640 --> 00:30:43,160 Speaker 1: I'll be released and come out to a new life. 432 00:30:43,280 --> 00:30:45,520 Speaker 1: I'll go to work and I'll work hard, and I'll 433 00:30:45,520 --> 00:30:50,800 Speaker 1: amount to something, have a career. A nearby police captain, astonished, 434 00:30:51,160 --> 00:30:55,640 Speaker 1: told Richard, you have taken a life. You've killed a boy. 435 00:30:56,320 --> 00:30:59,040 Speaker 1: The best you could possibly expect would be a life 436 00:30:59,120 --> 00:31:05,360 Speaker 1: sentence to an en inane asylum. Richard was stunned. Robert 437 00:31:05,400 --> 00:31:08,360 Speaker 1: Crowe was determined to make sure that Leopold and Loeb 438 00:31:08,600 --> 00:31:12,040 Speaker 1: did not go to an insane asylum. He brought in 439 00:31:12,080 --> 00:31:15,400 Speaker 1: a number of psychiatrists to examine the pair, all of 440 00:31:15,440 --> 00:31:19,120 Speaker 1: whom concluded that they were not legally insane. They had 441 00:31:19,160 --> 00:31:23,680 Speaker 1: both understood that their actions were wrong. On June first, 442 00:31:24,000 --> 00:31:28,080 Speaker 1: Robert Crowe held a press conference. He had already announced 443 00:31:28,080 --> 00:31:33,240 Speaker 1: the identity and confessions of the killers. Now Crow declared 444 00:31:33,280 --> 00:31:39,000 Speaker 1: his intentions. I have he told reporters a hanging case. 445 00:31:40,040 --> 00:31:44,720 Speaker 1: Most people agreed, but Crow had not reckoned with the 446 00:31:44,720 --> 00:31:49,560 Speaker 1: wealth and desperation of the Leopold and Loeb families. They 447 00:31:49,600 --> 00:31:53,320 Speaker 1: were about to throw an unexpected factor into the trial. 448 00:31:54,040 --> 00:32:00,720 Speaker 1: The most famous defense attorney in America enter Clarence Darrow. 449 00:32:02,800 --> 00:32:06,160 Speaker 1: Clarence Darrow made a name for himself as a labor 450 00:32:06,240 --> 00:32:12,240 Speaker 1: lawyer representing unions and political activists. Darrow had honed a folksy, 451 00:32:12,400 --> 00:32:17,760 Speaker 1: effective style. Journalist Ben Hecht once described to Darrow in court, 452 00:32:18,360 --> 00:32:22,400 Speaker 1: quote the great barrister, artfully gotten up in baggy pants, 453 00:32:23,000 --> 00:32:27,680 Speaker 1: frayed linen and string tie, and playing dumb for the jury, 454 00:32:28,160 --> 00:32:30,680 Speaker 1: as if he were no lawyer at all, but a 455 00:32:30,680 --> 00:32:34,760 Speaker 1: cracker barrel philosopher groping for a bit of human truth. 456 00:32:36,080 --> 00:32:39,680 Speaker 1: Darrow was sixty seven in nineteen twenty four and was 457 00:32:39,800 --> 00:32:44,600 Speaker 1: tired and often unwell when Jacob Lobe, Richard's uncle, came 458 00:32:44,640 --> 00:32:47,719 Speaker 1: to his Chicago apartment on the night of May thirty, first, 459 00:32:48,280 --> 00:32:52,840 Speaker 1: begging Darrow to take on his nephew's defense. The lawyer hesitated. 460 00:32:53,760 --> 00:32:58,800 Speaker 1: Jacob Lobe pleaded with Darrow, quote, save their lives. Get 461 00:32:58,840 --> 00:33:02,560 Speaker 1: them a life sentence instead of a death sentence. That's 462 00:33:02,760 --> 00:33:07,120 Speaker 1: all we ask of you. Moneis no object, will pay 463 00:33:07,200 --> 00:33:11,360 Speaker 1: you anything you ask. Only for God's sake, Don't let 464 00:33:11,440 --> 00:33:15,720 Speaker 1: them be hung Jacob Loebes plea resonated with Darrow for 465 00:33:15,800 --> 00:33:20,800 Speaker 1: two reasons. The first was one of principle. Darrow was 466 00:33:20,960 --> 00:33:26,000 Speaker 1: strongly opposed to the death penalty. The second was more prosaic. 467 00:33:26,640 --> 00:33:30,240 Speaker 1: He really needed the money. He told Jacob Loebe he 468 00:33:30,280 --> 00:33:33,760 Speaker 1: would take the case. Darrow would be joined in the 469 00:33:33,800 --> 00:33:39,200 Speaker 1: defense by two Chicago lawyers, brothers named Benjamin and Walter Backrack, 470 00:33:39,520 --> 00:33:43,320 Speaker 1: who the Leopold family hired. The Backracks also happened to 471 00:33:43,360 --> 00:33:47,840 Speaker 1: be Richard Loeb's cousins. The defense was certainly facing an 472 00:33:47,960 --> 00:33:52,200 Speaker 1: uphill battle. This was before the advent of the Miranda warning, 473 00:33:52,680 --> 00:33:55,520 Speaker 1: and both Richard and Nathan had freely confessed to the 474 00:33:55,520 --> 00:33:59,640 Speaker 1: police and had even helped them gather evidence. The case 475 00:33:59,680 --> 00:34:04,000 Speaker 1: against the pair was watertight. Public sentiment was also against 476 00:34:04,040 --> 00:34:08,480 Speaker 1: the killers. People were horrified by their callous attitudes, as 477 00:34:08,480 --> 00:34:11,520 Speaker 1: exemplified by Nathan, who described the crime to a reporter 478 00:34:11,719 --> 00:34:16,680 Speaker 1: as quote an experiment and an exemplary and commendable thing. 479 00:34:17,719 --> 00:34:20,720 Speaker 1: People were also angry at Darrow for taking the case. 480 00:34:21,640 --> 00:34:25,200 Speaker 1: Darrow had made his reputation defending the poor and depressed. 481 00:34:26,080 --> 00:34:30,279 Speaker 1: Now he was defending the privileged. People worried that the 482 00:34:30,320 --> 00:34:34,040 Speaker 1: wealth of the families would allow the killers to escape punishment. 483 00:34:35,080 --> 00:34:38,680 Speaker 1: The Leopold and Lobe families responded publicly to this claim, 484 00:34:39,280 --> 00:34:42,839 Speaker 1: saying in a statement, quote, in no event will the 485 00:34:42,840 --> 00:34:46,600 Speaker 1: families of the accused boys use money in any attempt 486 00:34:46,680 --> 00:34:51,960 Speaker 1: to defeat justice. On July eleventh, Richard and Nathan were arraigned. 487 00:34:52,800 --> 00:34:55,799 Speaker 1: Thousands of people showed up, and so many of them 488 00:34:55,840 --> 00:34:58,319 Speaker 1: tried to push into the courtroom that they tore the 489 00:34:58,480 --> 00:35:02,560 Speaker 1: doors off their hinges. Richard and Nathan both pled not 490 00:35:02,680 --> 00:35:06,480 Speaker 1: guilty to the charges of murder and kidnapping. The trial 491 00:35:06,560 --> 00:35:10,640 Speaker 1: date was set for August fourth. The defense team began 492 00:35:10,680 --> 00:35:14,480 Speaker 1: to prepare for trial. They had decided to pursue an 493 00:35:14,560 --> 00:35:20,200 Speaker 1: insanity defense. Walter Backrach went to the American Psychiatric Association's 494 00:35:20,239 --> 00:35:23,960 Speaker 1: annual convention to recruit experts to testify for the defense. 495 00:35:24,719 --> 00:35:28,400 Speaker 1: He found four doctors willing to do so. These doctors 496 00:35:28,440 --> 00:35:31,920 Speaker 1: all spoke to Nathan and Richard personally, but also relied 497 00:35:31,960 --> 00:35:35,720 Speaker 1: on a comprehensive report prepared by two additional doctors, Carl 498 00:35:35,760 --> 00:35:40,040 Speaker 1: Bowman and Harold Hulbert. Bowman and Hulbert spent a week 499 00:35:40,160 --> 00:35:44,400 Speaker 1: interviewing the defendants. Based on these interviews, Hulbert and Bowman 500 00:35:44,520 --> 00:35:48,160 Speaker 1: compiled a large report focusing on all aspects of the 501 00:35:48,200 --> 00:35:53,720 Speaker 1: defendant's upbringing, moral views, and mental and physical health. Robert 502 00:35:53,760 --> 00:35:57,960 Speaker 1: Crowe heard the rumors about the defense's plan, but was unconcerned. 503 00:35:58,800 --> 00:36:01,840 Speaker 1: He had had his own team of psychiatrists examined Richard 504 00:36:01,840 --> 00:36:05,400 Speaker 1: and Nathan, and all these experts were prepared to testify 505 00:36:05,480 --> 00:36:08,960 Speaker 1: that the defendants were not legally insane. The state of 506 00:36:09,000 --> 00:36:13,360 Speaker 1: Illinois used the McNaughton rule to determine insanity. The mcnoton 507 00:36:13,440 --> 00:36:15,759 Speaker 1: rule is covered in more detail in our episode on 508 00:36:15,840 --> 00:36:19,359 Speaker 1: Charles Guittou, but the basics are this. A defendant can 509 00:36:19,440 --> 00:36:23,000 Speaker 1: only be found not guilty by reason of insanity if 510 00:36:23,040 --> 00:36:25,560 Speaker 1: they both did not understand the nature of their crime 511 00:36:26,120 --> 00:36:28,759 Speaker 1: and also could not distinguish right from wrong at the 512 00:36:28,760 --> 00:36:34,120 Speaker 1: time they committed the crime. Crowe was confident he could 513 00:36:34,160 --> 00:36:38,600 Speaker 1: beat Darrow in an insanity trial, but Darrow was about 514 00:36:38,640 --> 00:36:42,719 Speaker 1: to change the game. On July twenty first, the lawyer's 515 00:36:42,760 --> 00:36:47,279 Speaker 1: defendants and hundreds of spectators assembled in Judge John Caverly's 516 00:36:47,280 --> 00:36:51,880 Speaker 1: courtroom at the Criminal Courts Building. No one expected anything dramatic. 517 00:36:52,640 --> 00:36:55,319 Speaker 1: This was simply the first day that either side could 518 00:36:55,320 --> 00:36:59,880 Speaker 1: present motions to the judge. But then Clarence Darrow stood 519 00:37:00,480 --> 00:37:07,239 Speaker 1: and began to speak. Quote, after long reflection and thorough discussion, 520 00:37:07,880 --> 00:37:10,840 Speaker 1: we have determined to make a motion in this court 521 00:37:11,520 --> 00:37:15,919 Speaker 1: to withdraw a plea of not guilty and enter a 522 00:37:15,960 --> 00:37:23,120 Speaker 1: plea of guilty. A stunned silence filled the courtroom. Darrow's 523 00:37:23,200 --> 00:37:27,400 Speaker 1: change of tactics came as a complete surprise, which was 524 00:37:27,640 --> 00:37:30,720 Speaker 1: just how he wanted it. He had made the decision 525 00:37:30,800 --> 00:37:34,839 Speaker 1: to plead the defendants guilty weeks earlier, but had kept 526 00:37:34,880 --> 00:37:39,280 Speaker 1: his intentions secret from almost everyone, including Richard and Nathan, 527 00:37:39,719 --> 00:37:42,160 Speaker 1: who only learned of the plan on the morning of 528 00:37:42,200 --> 00:37:46,279 Speaker 1: the twenty first. Darrow believed that a guilty plea was 529 00:37:46,320 --> 00:37:50,279 Speaker 1: his only chance to save the defendants' lives. He did 530 00:37:50,280 --> 00:37:53,040 Speaker 1: not believe that a jury would buy an insanity plea. 531 00:37:53,840 --> 00:37:57,760 Speaker 1: By pleading guilty, the trial would become a sentencing hearing, 532 00:37:58,400 --> 00:38:02,319 Speaker 1: and Darrow would only have to convince one man, the judge, 533 00:38:02,520 --> 00:38:06,279 Speaker 1: that his clients did not deserve death. He believed that 534 00:38:06,360 --> 00:38:10,240 Speaker 1: he could so convince Judge Caverley, who had never before 535 00:38:10,280 --> 00:38:14,839 Speaker 1: condemned anyone to death. In his motion to change the plea, 536 00:38:15,480 --> 00:38:18,480 Speaker 1: Darrow also asked that the defense be allowed to offer 537 00:38:18,520 --> 00:38:23,320 Speaker 1: information to mitigate punishment, in other words, to provide information 538 00:38:23,400 --> 00:38:28,719 Speaker 1: that might contextualize the defendant's actions. He specifically asked to 539 00:38:28,800 --> 00:38:32,880 Speaker 1: be allowed to introduce evidence on the defendant's mental conditions. 540 00:38:33,520 --> 00:38:37,480 Speaker 1: Robert Crowe objected. He argued that allowing the defense to 541 00:38:37,520 --> 00:38:41,520 Speaker 1: introduce such evidence was subverting the law. If they wanted 542 00:38:41,520 --> 00:38:44,640 Speaker 1: to introduce this evidence, he said, they should have pled 543 00:38:44,680 --> 00:38:49,200 Speaker 1: not guilty by reason of insanity. Judge Cavalley wanted time 544 00:38:49,280 --> 00:38:52,480 Speaker 1: to decide. He told Darrow that he was shocked by 545 00:38:52,480 --> 00:38:56,520 Speaker 1: the guilty plea, saying, you have unloaded a big responsibility 546 00:38:56,600 --> 00:39:00,960 Speaker 1: upon me. It was totally unexpected. Then declared that the 547 00:39:01,000 --> 00:39:05,280 Speaker 1: sentencing hearing would begin two days, hence on Wednesday, July 548 00:39:05,440 --> 00:39:11,120 Speaker 1: twenty third. July twenty third was a hot day. All 549 00:39:11,200 --> 00:39:13,960 Speaker 1: of the days of the sentencing hearing would be turning 550 00:39:14,000 --> 00:39:18,000 Speaker 1: the courtroom into a steam room. At ten am, the 551 00:39:18,080 --> 00:39:22,279 Speaker 1: hearing began. Although this was no longer a trial per se, 552 00:39:22,840 --> 00:39:26,640 Speaker 1: both the prosecution and defense intended to present full cases, 553 00:39:27,040 --> 00:39:32,279 Speaker 1: including opening statements. Robert Crowe began he did not pull 554 00:39:32,320 --> 00:39:36,760 Speaker 1: his punches. The state will show. He said that these 555 00:39:37,040 --> 00:39:43,080 Speaker 1: men are guilty of the most cruel, cowardly, dastardly murder 556 00:39:43,200 --> 00:39:48,120 Speaker 1: ever committed in the annals of American jurisprudence. The state 557 00:39:48,160 --> 00:39:52,400 Speaker 1: will demonstrate their guilt here so conclusively that there is 558 00:39:52,520 --> 00:39:56,000 Speaker 1: not an avenue for them to escape. We are going 559 00:39:56,040 --> 00:39:59,680 Speaker 1: to demand the death penalty for both of these cold, 560 00:39:59,719 --> 00:40:05,160 Speaker 1: blowe udded, cruel and vicious murderers. Darrow pushed back on 561 00:40:05,239 --> 00:40:08,680 Speaker 1: Crowe's characterization, saying that this was not the worst crime 562 00:40:08,719 --> 00:40:13,760 Speaker 1: ever committed. When Crowe objected to this, Darrow reframed, arguing 563 00:40:13,840 --> 00:40:19,280 Speaker 1: instead that quote terrible as this is, terrible as any 564 00:40:19,400 --> 00:40:23,360 Speaker 1: killing is, it would be without precedent if two boys 565 00:40:23,400 --> 00:40:26,480 Speaker 1: of this age should be hanged by the neck until dead, 566 00:40:27,120 --> 00:40:30,000 Speaker 1: and it would in no way bring back Robert Franks 567 00:40:30,520 --> 00:40:33,239 Speaker 1: or add to the peace and security of this community. 568 00:40:33,920 --> 00:40:38,440 Speaker 1: He emphasized the defendant's youth, describing them as boys, a 569 00:40:38,560 --> 00:40:41,759 Speaker 1: term he and the defense lawyers and experts would use 570 00:40:41,840 --> 00:40:45,520 Speaker 1: throughout the trial. At the time of the crime, Nathan 571 00:40:45,600 --> 00:40:50,799 Speaker 1: had been nineteen and Richard eighteen. Robert Crowe now presented 572 00:40:50,800 --> 00:40:54,000 Speaker 1: his case. As Nina Barrett notes in her book The 573 00:40:54,080 --> 00:40:59,240 Speaker 1: Leopold and Lobe Files, Judge Cavalley had a quote liberal 574 00:40:59,280 --> 00:41:03,080 Speaker 1: attitude toward hearing any and all evidence that might help 575 00:41:03,120 --> 00:41:05,840 Speaker 1: him weigh the terms of justice in his own mind, 576 00:41:06,640 --> 00:41:10,480 Speaker 1: and Crowe was determined to paint a comprehensive picture of 577 00:41:10,560 --> 00:41:13,960 Speaker 1: both the killer's guilt and of their lack of remorse. 578 00:41:14,960 --> 00:41:17,800 Speaker 1: Over the course of the next week, he would present 579 00:41:18,040 --> 00:41:26,200 Speaker 1: eighty one witnesses. He introduced Bobby's parents, Jacob and Flora, 580 00:41:26,680 --> 00:41:30,880 Speaker 1: whose grief seemed to overwhelm them. He brought on coroner 581 00:41:30,960 --> 00:41:35,440 Speaker 1: doctor Joseph Springer, who described Bobby's injuries and how he 582 00:41:35,520 --> 00:41:39,560 Speaker 1: had slowly suffocated on the ether soaked rag. He brought 583 00:41:39,600 --> 00:41:43,400 Speaker 1: on the various shopkeepers who had all identified Nathan and Richard. 584 00:41:44,719 --> 00:41:48,600 Speaker 1: At this point, Darrow objected to Crowe's case, saying that 585 00:41:48,680 --> 00:41:52,760 Speaker 1: given the guilty plea, such a recitation of evidence was unnecessary. 586 00:41:53,600 --> 00:41:56,840 Speaker 1: Crow responded that he wanted to demonstrate that the defendants 587 00:41:56,840 --> 00:42:01,680 Speaker 1: had only confessed because of the quote mountain of evidence 588 00:42:01,719 --> 00:42:05,960 Speaker 1: against them, not out of any sense of remorse. Judge 589 00:42:06,000 --> 00:42:10,680 Speaker 1: Caverly told Crow to proceed. Crow next called the experts 590 00:42:10,680 --> 00:42:14,120 Speaker 1: and investigators who had helped gather the evidence against the pair. 591 00:42:14,840 --> 00:42:17,560 Speaker 1: The typewriter expert who had matched the ransom note to 592 00:42:17,640 --> 00:42:22,239 Speaker 1: Nathan's study notes, the optometrist who had prescribed Nathan's glasses, 593 00:42:22,840 --> 00:42:26,240 Speaker 1: the doctor who had found bloodstains on the pair's clothes 594 00:42:26,280 --> 00:42:30,600 Speaker 1: and in their rental car. Throughout this presentation, Nathan and 595 00:42:30,719 --> 00:42:36,560 Speaker 1: Richard's behavior shocked observers. They whispered to one another, laughed, 596 00:42:36,960 --> 00:42:41,520 Speaker 1: made faces, fidgeted in their chairs. They did not seem 597 00:42:41,520 --> 00:42:45,600 Speaker 1: to be taking anything seriously, and they certainly showed no 598 00:42:45,800 --> 00:42:49,880 Speaker 1: respect for the victim's family nor remorse for their crimes. 599 00:42:50,760 --> 00:42:54,960 Speaker 1: When a reporter asked Richard to explain his behavior, he responded, 600 00:42:55,480 --> 00:42:57,799 Speaker 1: what do they want me to do? I sit in 601 00:42:57,840 --> 00:43:02,840 Speaker 1: the courtroom and watch the play as its On July thirtieth, 602 00:43:02,960 --> 00:43:06,520 Speaker 1: after the defendant's police interviews and confessions were read into 603 00:43:06,600 --> 00:43:10,839 Speaker 1: the record, Robert Crowe concluded his case. It was now 604 00:43:11,000 --> 00:43:14,960 Speaker 1: time for the defense to begin. The first defense witness 605 00:43:15,080 --> 00:43:19,560 Speaker 1: was doctor William White, president of the American Psychiatric Association. 606 00:43:20,760 --> 00:43:24,040 Speaker 1: Crowe objected to this testimony, using the same argument he'd 607 00:43:24,080 --> 00:43:27,800 Speaker 1: made on July twenty first. The defense he believed should 608 00:43:27,800 --> 00:43:30,960 Speaker 1: not be allowed to introduce evidence of insanity since they 609 00:43:31,000 --> 00:43:34,880 Speaker 1: had pled guilty. The arguments over this issue continued for 610 00:43:34,960 --> 00:43:39,680 Speaker 1: three days. Finally, Judge Caverley decided to allow the evidence, 611 00:43:40,320 --> 00:43:42,879 Speaker 1: but added that if any of the defense witnesses made 612 00:43:42,880 --> 00:43:46,680 Speaker 1: a claim about insanity as opposed to providing context for 613 00:43:46,719 --> 00:43:49,719 Speaker 1: the defendant's mental health, he would call a jury and 614 00:43:49,840 --> 00:43:54,239 Speaker 1: begin a jury trial. With this matter resolved, doctor White 615 00:43:54,320 --> 00:43:59,279 Speaker 1: began his testimony. He delved into the psychology of the defendants. 616 00:44:00,200 --> 00:44:03,640 Speaker 1: That Richard, who he and all the other defense experts 617 00:44:03,680 --> 00:44:07,440 Speaker 1: referred to by his nickname of Dickie, had a fantasy 618 00:44:07,480 --> 00:44:11,560 Speaker 1: of being a master criminal, a fantasy so compelling that 619 00:44:11,640 --> 00:44:15,560 Speaker 1: it prevented him from understanding the real world. About Nathan, 620 00:44:16,040 --> 00:44:20,200 Speaker 1: who he again using his nickname, called Babe, Doctor White 621 00:44:20,200 --> 00:44:23,560 Speaker 1: said that he had developed a hardened shell of superiority 622 00:44:23,640 --> 00:44:27,800 Speaker 1: and coldness as a way of protecting himself. He discussed 623 00:44:27,800 --> 00:44:32,320 Speaker 1: the troubled childhoods of both defendants, the abuses of their nannies, 624 00:44:32,440 --> 00:44:36,799 Speaker 1: and the unexpected costs of privilege. He described the defendants 625 00:44:36,840 --> 00:44:40,759 Speaker 1: as emotionally disturbed young men, who, while say, did not 626 00:44:40,920 --> 00:44:44,080 Speaker 1: have the same capacity for understanding right and wrong that 627 00:44:44,160 --> 00:44:50,200 Speaker 1: a normal person would. On cross examination, Crowe tried to 628 00:44:50,239 --> 00:44:54,080 Speaker 1: trigger a jury trial. He asked White to show his 629 00:44:54,160 --> 00:44:59,000 Speaker 1: initial psychiatric report to crow. It seemed suspicious that White 630 00:44:59,040 --> 00:45:03,320 Speaker 1: would diagnose the defendants with so many psychological issues without 631 00:45:03,360 --> 00:45:08,440 Speaker 1: also labeling them insane. Under discovery rules, Crowe was entitled 632 00:45:08,480 --> 00:45:13,280 Speaker 1: to see White's original report, but the defense objected. After 633 00:45:13,320 --> 00:45:16,320 Speaker 1: some back and forth, Judge Caverlely asked White to produce 634 00:45:16,320 --> 00:45:19,960 Speaker 1: his report. White responded that he had given his report 635 00:45:19,960 --> 00:45:24,320 Speaker 1: to defense lawyer Walter Backrack and no longer had it. Backrack, 636 00:45:24,440 --> 00:45:29,040 Speaker 1: in turn refused to produce it. Crow pushed, saying, if 637 00:45:29,080 --> 00:45:32,240 Speaker 1: I can prove that this man has changed his conclusions, 638 00:45:32,719 --> 00:45:35,120 Speaker 1: that at one time he was willing to swear for 639 00:45:35,200 --> 00:45:38,279 Speaker 1: pay to one thing, and on another occasion he is 640 00:45:38,320 --> 00:45:41,000 Speaker 1: willing to swear to a different set of facts for pay, 641 00:45:41,600 --> 00:45:44,239 Speaker 1: I think I have destroyed the value of his testimony. 642 00:45:45,400 --> 00:45:49,319 Speaker 1: But then, for some reason he gave up, saying that 643 00:45:49,360 --> 00:45:52,160 Speaker 1: if the defense would not produce the report, he would 644 00:45:52,239 --> 00:45:57,279 Speaker 1: let the issue rest. Crow had come very near to 645 00:45:57,560 --> 00:46:04,600 Speaker 1: exploding Clarence Darrow's plan. In July twenty seventeen, Northwestern University 646 00:46:04,760 --> 00:46:08,080 Speaker 1: managed to obtain the initial psychiatric reports made by the 647 00:46:08,120 --> 00:46:12,120 Speaker 1: defense experts and found that three of them, including that 648 00:46:12,160 --> 00:46:16,480 Speaker 1: of doctor White, had indeed initially declared the defendants insane, 649 00:46:17,400 --> 00:46:21,279 Speaker 1: they had changed their testimony. When the defendants changed their plea, 650 00:46:22,480 --> 00:46:26,000 Speaker 1: Darrow suppressed these reports in order to ensure that the 651 00:46:26,040 --> 00:46:30,520 Speaker 1: doctor's testimony would not trigger a jury trial. This had 652 00:46:30,600 --> 00:46:34,160 Speaker 1: long been rumored, but the discovery of the reports confirmed 653 00:46:34,200 --> 00:46:39,400 Speaker 1: it and revealed the extremely ethically dubious actions of Darrow 654 00:46:39,520 --> 00:46:44,000 Speaker 1: and these experts. But back in nineteen twenty one, the 655 00:46:44,040 --> 00:46:49,000 Speaker 1: defense proceeded with its case. The next witness, doctor William Healey, 656 00:46:49,440 --> 00:46:53,520 Speaker 1: also discussed the defendant's mental instability. The most important part 657 00:46:53,520 --> 00:46:56,600 Speaker 1: of his testimony was his discussion of the pact between 658 00:46:56,680 --> 00:47:01,000 Speaker 1: Nathan and Richard, including the fact that the terms included sex. 659 00:47:01,920 --> 00:47:05,919 Speaker 1: Nathan and Richard's homosexual relationship had been rumored and hinted at, 660 00:47:06,239 --> 00:47:11,040 Speaker 1: but Healey's testimony confirmed it. After Healey, the defense called 661 00:47:11,080 --> 00:47:15,240 Speaker 1: two more psychiatrists, doctor Bernard Gluck and doctor Harold Hulbert. 662 00:47:16,080 --> 00:47:20,440 Speaker 1: Then they presented a series of character witnesses, classmates and friends, 663 00:47:20,440 --> 00:47:25,960 Speaker 1: who discussed Richard's immaturity and Nathan's obsession with Nietzsche. With that, 664 00:47:26,360 --> 00:47:31,280 Speaker 1: the defense concluded their case. For his rebuttal case, Robert 665 00:47:31,320 --> 00:47:35,479 Speaker 1: Crowe presented his own series of psychiatrists, all of whom 666 00:47:35,520 --> 00:47:40,120 Speaker 1: believed that Nathan and Richard were not mentally ill. None 667 00:47:40,200 --> 00:47:44,320 Speaker 1: of the psychological evidence on either side was particularly compelling, 668 00:47:44,880 --> 00:47:47,719 Speaker 1: but the defense experts did provide the public with a 669 00:47:47,840 --> 00:47:52,120 Speaker 1: new picture of the defendants. Instead of being monstrous murderers, 670 00:47:52,480 --> 00:47:56,239 Speaker 1: they were traumatized children lashing out at a world that 671 00:47:56,320 --> 00:48:01,600 Speaker 1: had hurt them. After the testimony concluded, the closing arguments began, 672 00:48:02,320 --> 00:48:06,080 Speaker 1: Assistant States Attorney Thomas Marshall kicked things off, saying that 673 00:48:06,120 --> 00:48:08,840 Speaker 1: the precedent in cases like this was to give the 674 00:48:08,920 --> 00:48:13,839 Speaker 1: murderers the death penalty. ASA Joseph Savage continued the prosecution's 675 00:48:13,920 --> 00:48:19,040 Speaker 1: argument in a moving, powerful speech. Savage detailed the crime 676 00:48:19,640 --> 00:48:23,000 Speaker 1: and pushed back on how Darrow had constantly described Richard 677 00:48:23,000 --> 00:48:27,440 Speaker 1: and Nathan as boys, saying, Darrow asks your honor for mercy, 678 00:48:28,080 --> 00:48:31,480 Speaker 1: and he tells your honor that they are both youths. Boys. 679 00:48:32,480 --> 00:48:37,520 Speaker 1: What mercy did they show that boy? Savage's closing brought 680 00:48:37,600 --> 00:48:42,000 Speaker 1: the courtroom to tears. Even Nathan was affected in his 681 00:48:42,120 --> 00:48:46,239 Speaker 1: own way, asking his brother, my God, do you think 682 00:48:46,280 --> 00:48:50,760 Speaker 1: we'll swing? After that, it was now the defense's turn. 683 00:48:51,600 --> 00:48:55,360 Speaker 1: Walter Backrach gave a brief speech. He recapped the testimony 684 00:48:55,440 --> 00:48:58,600 Speaker 1: of their psychiatric experts, and returned to the theme of 685 00:48:58,640 --> 00:49:03,480 Speaker 1: the defendant's youth, saying, quote, your honor stands in relationship 686 00:49:03,560 --> 00:49:08,200 Speaker 1: of a father to these defendants. Once Backrack concluded on 687 00:49:08,280 --> 00:49:13,680 Speaker 1: the afternoon of August twenty second, Clarence Darrow rose he 688 00:49:13,760 --> 00:49:17,800 Speaker 1: would deliver a defense for the Ages, an eight hour 689 00:49:17,960 --> 00:49:20,880 Speaker 1: tour de force that is one of the most famous 690 00:49:20,920 --> 00:49:24,640 Speaker 1: closing arguments in legal history. He discussed the lack of 691 00:49:24,719 --> 00:49:27,360 Speaker 1: legal precedent for a death sentence in such a case, 692 00:49:28,040 --> 00:49:31,319 Speaker 1: noting that only three people had ever been hanged after 693 00:49:31,360 --> 00:49:35,719 Speaker 1: pleading guilty. He described the evolution of the application of 694 00:49:35,760 --> 00:49:38,879 Speaker 1: the death penalty, stating that it had been used more 695 00:49:38,960 --> 00:49:43,560 Speaker 1: and more selectively over the years, and called for judicial progressiveness. 696 00:49:44,480 --> 00:49:47,920 Speaker 1: He also focused on moral objections to the death penalty, 697 00:49:48,560 --> 00:49:51,840 Speaker 1: saying do you think you can cure the hatreds and 698 00:49:51,920 --> 00:49:56,359 Speaker 1: the maladjustments of the world by hanging them? You may, 699 00:49:56,440 --> 00:50:00,880 Speaker 1: here and there cure hatred with love and understanding, but 700 00:50:00,960 --> 00:50:04,200 Speaker 1: you can only add fuel to the flames by hating. 701 00:50:04,440 --> 00:50:09,000 Speaker 1: In return, he made the stakes of Judge Caverley's decisions stark, 702 00:50:09,800 --> 00:50:13,600 Speaker 1: saying of the concept of justice, quote, who knows what 703 00:50:13,719 --> 00:50:18,120 Speaker 1: it is does Crow know, Do I know? Does your 704 00:50:18,200 --> 00:50:22,640 Speaker 1: honor know? Is there any human machinery for finding it? 705 00:50:23,440 --> 00:50:27,120 Speaker 1: Can your honor appraise these two young men and say 706 00:50:27,239 --> 00:50:31,360 Speaker 1: what they deserve? It means that you must appraise every 707 00:50:31,480 --> 00:50:36,400 Speaker 1: influence that moves them, the civilization where they live, they're living, 708 00:50:36,840 --> 00:50:40,799 Speaker 1: their society, all society which enters into the making of 709 00:50:40,840 --> 00:50:44,520 Speaker 1: a child. If your honor can do it, If you 710 00:50:44,600 --> 00:50:49,000 Speaker 1: can do it, you are wise. And with wisdom goes 711 00:50:49,080 --> 00:50:55,080 Speaker 1: mercy for all its eloquence and humanity. Darrow's closing could 712 00:50:55,120 --> 00:50:59,879 Speaker 1: also be callous and inaccurate. He said that quote poor 713 00:50:59,840 --> 00:51:04,319 Speaker 1: little Bobby Franks suffered very little and died quickly, which 714 00:51:04,360 --> 00:51:07,400 Speaker 1: was not true. He said that perhaps it was Bobby's 715 00:51:07,400 --> 00:51:10,080 Speaker 1: fate to die young, and replied that he might not 716 00:51:10,120 --> 00:51:14,160 Speaker 1: have done anything with his life. Quote perhaps the boy 717 00:51:14,200 --> 00:51:16,680 Speaker 1: who died at fourteen did as much as if he 718 00:51:16,719 --> 00:51:20,280 Speaker 1: had died at seventy. He said of Richard and Nathan, 719 00:51:21,000 --> 00:51:25,560 Speaker 1: these two are the victims. But Darrow ended on a 720 00:51:25,600 --> 00:51:33,040 Speaker 1: powerful note, saying, I am pleading for life, understanding, charity 721 00:51:33,200 --> 00:51:38,400 Speaker 1: and kindness and the infinite mercy that forgives all. I 722 00:51:38,520 --> 00:51:42,800 Speaker 1: am pleading that we overcome cruelty with kindness and hatred 723 00:51:42,960 --> 00:51:47,239 Speaker 1: with love. I am pleading for the future. I am 724 00:51:47,320 --> 00:51:51,160 Speaker 1: pleading for a time when hatred and cruelty will not 725 00:51:51,400 --> 00:51:55,600 Speaker 1: control the hearts of men. At the end of his closing, 726 00:51:56,080 --> 00:51:59,200 Speaker 1: as at the end of Savages, many in the courtroom 727 00:51:59,480 --> 00:52:04,800 Speaker 1: wherein tears, defense attorney Benjamin Backrack now gave a brief 728 00:52:04,800 --> 00:52:07,680 Speaker 1: statement in which he again outlied the evidence of the 729 00:52:07,719 --> 00:52:12,080 Speaker 1: defendant's mental instability. Robert Crowe would have the final word 730 00:52:12,160 --> 00:52:18,080 Speaker 1: in the trial. Crow was angry, frustrated by Darrow's characterization 731 00:52:18,280 --> 00:52:21,360 Speaker 1: of the defendants as boys who could not control their actions, 732 00:52:22,080 --> 00:52:24,880 Speaker 1: upset by the defense's attempt to make the crime seem 733 00:52:24,960 --> 00:52:28,360 Speaker 1: less brutal than it had been, and his fury showed 734 00:52:28,440 --> 00:52:32,560 Speaker 1: in his closing arguments. He spoke loudly and shook his 735 00:52:32,719 --> 00:52:37,320 Speaker 1: fists and stamped his feet for emphasis. He also introduced 736 00:52:37,360 --> 00:52:40,960 Speaker 1: a new theory, the idea that Bobby Franks was molested 737 00:52:41,000 --> 00:52:44,920 Speaker 1: before he was murdered. The defense objected, but cavally allowed 738 00:52:44,920 --> 00:52:47,880 Speaker 1: the evidence, although he ordered all women to leave the 739 00:52:47,880 --> 00:52:52,320 Speaker 1: courtroom first. There was not conclusive evidence one way or 740 00:52:52,360 --> 00:52:57,200 Speaker 1: another about this claim. The medical evidence was ambiguous. The 741 00:52:57,280 --> 00:53:02,120 Speaker 1: next day, Crow continued his argument. He attacked the defense psychiatrists, 742 00:53:02,320 --> 00:53:07,400 Speaker 1: the defense attorneys, and the defendants. We ought to treat 743 00:53:07,440 --> 00:53:13,359 Speaker 1: them with kindness and consideration, he asked, incredulously, why from 744 00:53:13,440 --> 00:53:16,880 Speaker 1: the evidence in this case, they are as much entitled 745 00:53:16,880 --> 00:53:19,600 Speaker 1: to the sympathy and mercy of this court as a 746 00:53:19,640 --> 00:53:25,040 Speaker 1: couple of rattlesnakes. They are a disgrace to their honored families, 747 00:53:25,080 --> 00:53:29,080 Speaker 1: and they are a menace to this community. The only 748 00:53:29,280 --> 00:53:32,840 Speaker 1: useful thing that remains for them now in life is 749 00:53:32,920 --> 00:53:35,520 Speaker 1: to go out of life, and go out of it 750 00:53:35,600 --> 00:53:40,440 Speaker 1: as quickly as possible under the law. Crow's forceful words 751 00:53:40,480 --> 00:53:45,040 Speaker 1: seem to be effective in undermining Darrow's arguments, but then 752 00:53:45,480 --> 00:53:49,880 Speaker 1: the prosecutor made a misstep. He brought up Nathan Leopold's 753 00:53:49,880 --> 00:53:55,000 Speaker 1: statement during interrogation that quote, a friendly judge would let 754 00:53:55,040 --> 00:53:59,440 Speaker 1: them off. Crow had meant to illustrate the defendants smugness 755 00:53:59,480 --> 00:54:03,319 Speaker 1: and lack of remorse, but Judge Caverley interpreted this as 756 00:54:03,360 --> 00:54:06,920 Speaker 1: an attack on his integrity, Believing that Crow was implying 757 00:54:06,920 --> 00:54:11,640 Speaker 1: that he had been bribed. He rebuked Crow and ordered 758 00:54:11,640 --> 00:54:14,960 Speaker 1: that the words be stricken from the record, as they 759 00:54:15,000 --> 00:54:20,960 Speaker 1: were a quote cowardly and dastardly assault upon the integrity 760 00:54:21,040 --> 00:54:25,200 Speaker 1: of this court uncomfortable. Crow tried to explain that that 761 00:54:25,320 --> 00:54:29,840 Speaker 1: had not been his intent, but Caverlely was furious on 762 00:54:30,000 --> 00:54:33,239 Speaker 1: this awkward note. On the afternoon of August twenty eighth, 763 00:54:33,520 --> 00:54:39,040 Speaker 1: the sentencing hearing ended after thirty two days. Judge Cavalley 764 00:54:39,160 --> 00:54:42,320 Speaker 1: stated that he would announce his decision on September tenth, 765 00:54:42,640 --> 00:54:45,720 Speaker 1: and said that anyone who bothered him during his deliberations 766 00:54:45,840 --> 00:54:50,320 Speaker 1: would be quote sent to jail instantly. Despite this, morning, 767 00:54:50,520 --> 00:54:54,480 Speaker 1: Judge Caverley and his wife received multiple death threats, and 768 00:54:54,600 --> 00:54:57,239 Speaker 1: someone threatened to bomb the courthouse if he did not 769 00:54:57,360 --> 00:55:02,759 Speaker 1: sentence Nathan and Richard to death. At nine thirty a m. 770 00:55:03,200 --> 00:55:07,960 Speaker 1: On Wednesday, September tenth, Judge Cavalley called the court to order. 771 00:55:08,880 --> 00:55:11,640 Speaker 1: He said that given the interest the country had in 772 00:55:11,680 --> 00:55:15,919 Speaker 1: the case, he wished to explain his decision. He said 773 00:55:15,920 --> 00:55:19,840 Speaker 1: that the psychiatric testimony did not impact his decision because 774 00:55:19,840 --> 00:55:23,800 Speaker 1: he believed that quote similar analyzes made of other persons 775 00:55:23,840 --> 00:55:28,000 Speaker 1: accused of crime will probably reveal similar or different abnormalities 776 00:55:28,440 --> 00:55:32,640 Speaker 1: and thus were not necessarily mitigating factors. He described the 777 00:55:32,680 --> 00:55:37,040 Speaker 1: crime as having been premeditated and planned and executed with 778 00:55:37,239 --> 00:55:42,560 Speaker 1: quote callousness and cruelty, but he said he could not 779 00:55:42,760 --> 00:55:48,160 Speaker 1: ignore the youth of the defendants given their age and quote. 780 00:55:48,800 --> 00:55:52,319 Speaker 1: In accordance with the progress of criminal law, with the 781 00:55:52,400 --> 00:55:56,920 Speaker 1: dictates of enlightened humanity, and the precedents hitherto observed in 782 00:55:56,960 --> 00:56:01,600 Speaker 1: this state, he would be sentencing Nathan Leepold and Richard 783 00:56:01,680 --> 00:56:08,840 Speaker 1: Lob to life in prison. The decision to sentence Leopold 784 00:56:08,960 --> 00:56:12,400 Speaker 1: and Lobe to prison, specifically a life sentence for the 785 00:56:12,480 --> 00:56:15,200 Speaker 1: murder plus a ninety nine year sentence for the kidnapping, 786 00:56:15,680 --> 00:56:19,240 Speaker 1: came as a surprise to many, but people also seemed 787 00:56:19,239 --> 00:56:23,600 Speaker 1: to understand and accept the sentence. This public reaction to 788 00:56:23,640 --> 00:56:27,960 Speaker 1: the sentence reflected evolving perceptions of the crime itself. When 789 00:56:27,960 --> 00:56:31,120 Speaker 1: the identities of the killers had first been announced, and 790 00:56:31,200 --> 00:56:34,799 Speaker 1: when Nathan Leopold and Richard Loeb gave shocking interviews in 791 00:56:34,840 --> 00:56:38,320 Speaker 1: which they could not explain their motives and expressed no remorse, 792 00:56:39,200 --> 00:56:43,359 Speaker 1: the crime had seemed beyond understanding to many people, but 793 00:56:43,400 --> 00:56:47,000 Speaker 1: the trial, or more specifically, the press coverage of the trial, 794 00:56:47,480 --> 00:56:51,520 Speaker 1: had changed that view. As the historian PAULA Fast says 795 00:56:51,520 --> 00:56:55,040 Speaker 1: in her article Making and Remaking an Event, the Leopold 796 00:56:55,040 --> 00:56:59,080 Speaker 1: and Lobe case in American culture. Quote, the killers became 797 00:56:59,200 --> 00:57:03,480 Speaker 1: anything the Nietzschean superman whom they claimed to be and 798 00:57:03,520 --> 00:57:09,400 Speaker 1: whose self sufficiency initially alarmed the public. Instead, they became children, 799 00:57:09,920 --> 00:57:14,920 Speaker 1: precocious and wounded, certainly, but children who could provide lessons 800 00:57:15,040 --> 00:57:19,480 Speaker 1: about how to normalize childhood. This last point was an 801 00:57:19,600 --> 00:57:23,680 Speaker 1: especially important one. People wanted to find a lesson from 802 00:57:23,720 --> 00:57:28,120 Speaker 1: the crime, and they found several lessons about how society 803 00:57:28,320 --> 00:57:32,960 Speaker 1: should change. For example, what had initially been understood as 804 00:57:33,000 --> 00:57:37,000 Speaker 1: an unfathomable thrill killing was now seen as a representation 805 00:57:37,120 --> 00:57:41,120 Speaker 1: of the era's troubles. People saw Leopold and Lobe as 806 00:57:41,160 --> 00:57:44,320 Speaker 1: the culmination of all of the trends of the twenties. 807 00:57:45,400 --> 00:57:48,480 Speaker 1: Were they jaded by the jazz life of ginnin girls 808 00:57:49,080 --> 00:57:51,800 Speaker 1: so that they needed so terrible a thing as murder 809 00:57:51,880 --> 00:57:56,240 Speaker 1: to give them new thrills? Asked the Chicago Daily Tribune. 810 00:57:56,280 --> 00:58:00,360 Speaker 1: The same article asked, quote, were they bored by life 811 00:58:00,480 --> 00:58:04,800 Speaker 1: which left them nothing to be desired, no obstacles to overcome, 812 00:58:05,320 --> 00:58:09,200 Speaker 1: no goal to attain? The idea that the pair's wealth 813 00:58:09,240 --> 00:58:12,320 Speaker 1: had negatively influenced them had been a key part of 814 00:58:12,360 --> 00:58:16,720 Speaker 1: the defense's case. There were echoes in this defense and 815 00:58:16,800 --> 00:58:19,600 Speaker 1: in the public discussion of the trial of the twenty 816 00:58:19,600 --> 00:58:23,120 Speaker 1: sixteen case of Ethan Couch, a sixteen year old who 817 00:58:23,200 --> 00:58:27,520 Speaker 1: killed four people while drunk driving. Like Leopold and Lobe, 818 00:58:27,720 --> 00:58:32,400 Speaker 1: Couch pleaded guilty. At his sentencing hearing, defense psychologist Gary 819 00:58:32,400 --> 00:58:36,120 Speaker 1: Miller stated quote, he never learned that sometimes you don't 820 00:58:36,120 --> 00:58:38,680 Speaker 1: get your way. He had the cars, and he had 821 00:58:38,720 --> 00:58:41,760 Speaker 1: the money. He had freedoms that no young man would 822 00:58:41,800 --> 00:58:45,120 Speaker 1: be able to handle. Though prosecutors had asked for a 823 00:58:45,120 --> 00:58:49,320 Speaker 1: twenty year prison sentence, Couch was instead handed ten years 824 00:58:49,320 --> 00:58:53,800 Speaker 1: of probation. Speaking about the sentence, Eric Boyles, whose wife 825 00:58:53,840 --> 00:58:57,120 Speaker 1: and daughter had been killed by Couch, said, had he 826 00:58:57,200 --> 00:58:59,680 Speaker 1: not had money to have the defense there, to also 827 00:58:59,720 --> 00:59:02,760 Speaker 1: have the experts testify, and also offered to pay for 828 00:59:02,800 --> 00:59:05,840 Speaker 1: the treatment, I think the results would have been different. 829 00:59:06,720 --> 00:59:09,560 Speaker 1: Whether or not you buy the so called affluenza defense. 830 00:59:10,080 --> 00:59:12,960 Speaker 1: It's hard to deny the influence on both Couch and 831 00:59:13,160 --> 00:59:17,600 Speaker 1: Leopold and Loeb's case. The Leopold and Loeb family's wealth 832 00:59:17,680 --> 00:59:21,280 Speaker 1: allowed them to pay a top defense lawyer, and Darrow's 833 00:59:21,320 --> 00:59:25,280 Speaker 1: shrewd work on the case, particularly his closing argument, certainly 834 00:59:25,360 --> 00:59:30,000 Speaker 1: influenced the verdict, as the Chicago Daily Tribune recorded, quote, 835 00:59:30,240 --> 00:59:33,680 Speaker 1: it was the opinion in legal circles that mister Crow's 836 00:59:34,000 --> 00:59:38,280 Speaker 1: mountain high evidence had been displaced by Clarence S. Darrow's 837 00:59:38,360 --> 00:59:42,640 Speaker 1: sage philosophizing. Had Leopold and Lob not been able to 838 00:59:42,680 --> 00:59:47,000 Speaker 1: afford talented defense attorneys, their outcome would likely have been different. 839 00:59:48,440 --> 00:59:52,480 Speaker 1: The Frank's family responded to the verdict with grace. Flora 840 00:59:52,600 --> 00:59:56,000 Speaker 1: Franks told newspapers that she had not wanted the death penalty, 841 00:59:56,840 --> 01:00:00,640 Speaker 1: in large part because of Bobby's view on the subject. 842 01:00:00,880 --> 01:00:04,360 Speaker 1: In a school debate several weeks before his murder, Bobby 843 01:00:04,400 --> 01:00:10,040 Speaker 1: had spoken against the death penalty, saying punishment should be reformative, 844 01:00:10,640 --> 01:00:15,160 Speaker 1: never vindictive. Jacob Frank said he was just happy that 845 01:00:15,240 --> 01:00:19,360 Speaker 1: it was over. Quote. There can be no more torture 846 01:00:19,440 --> 01:00:22,880 Speaker 1: of seeing this thing spread over the front pages of newspapers. 847 01:00:23,520 --> 01:00:26,080 Speaker 1: It will be easier for missus Franks and for me 848 01:00:26,360 --> 01:00:29,320 Speaker 1: to be relieved of the terrible strain of all this publicity. 849 01:00:30,840 --> 01:00:34,080 Speaker 1: The publicity had indeed been relentless for the Frank's family 850 01:00:34,880 --> 01:00:38,080 Speaker 1: during the trial. Thousands of curious people had flocked the 851 01:00:38,120 --> 01:00:42,040 Speaker 1: Frank's home in Kenwood, looking through their windows and invading 852 01:00:42,080 --> 01:00:46,160 Speaker 1: their privacy. In late September, Jacob Franks decided to sell 853 01:00:46,160 --> 01:00:49,919 Speaker 1: the family home and move to a different part of Chicago. 854 01:00:50,080 --> 01:00:54,760 Speaker 1: They auctioned off everything in their home, and twelve hundred 855 01:00:54,800 --> 01:00:59,720 Speaker 1: people showed up just to see Bobby Franks's room. Jacob 856 01:00:59,720 --> 01:01:04,160 Speaker 1: Frank died in nineteen twenty eight. A newspaper article announcing 857 01:01:04,200 --> 01:01:08,200 Speaker 1: his death said he was quote never able to recover 858 01:01:08,440 --> 01:01:14,200 Speaker 1: from his grief. Flora died in nineteen thirty seven. Within 859 01:01:14,280 --> 01:01:17,880 Speaker 1: five years of the trial, Richard's father, Albert, and Nathan's father, 860 01:01:18,040 --> 01:01:23,120 Speaker 1: Nathan Senior, were also dead, and then on January twenty eighth, 861 01:01:23,480 --> 01:01:27,680 Speaker 1: nineteen thirty six, Richard Loeb was stabbed to death in 862 01:01:27,760 --> 01:01:33,440 Speaker 1: prison by another inmate. That left only Nathan Leopold, and 863 01:01:33,560 --> 01:01:35,960 Speaker 1: he was determined that he would not spend the rest 864 01:01:35,960 --> 01:01:38,680 Speaker 1: of his life in prison. Though his first years in 865 01:01:38,720 --> 01:01:42,200 Speaker 1: prison had been defined by rule breaking and trouble making, 866 01:01:42,640 --> 01:01:45,600 Speaker 1: he began to settle down and volunteered around the jail. 867 01:01:46,280 --> 01:01:49,280 Speaker 1: In nineteen fifty three, he had his first parole hearing. 868 01:01:50,040 --> 01:01:53,080 Speaker 1: When asked about the motives for his crime, Nathan refused 869 01:01:53,120 --> 01:01:56,520 Speaker 1: to answer, saying only I don't know why I did it. 870 01:01:56,760 --> 01:01:59,880 Speaker 1: I'm a different man now. I was a smart Alec kid. 871 01:02:00,680 --> 01:02:04,080 Speaker 1: Being a smart Alec kid did not impress the parole 872 01:02:04,120 --> 01:02:08,320 Speaker 1: board as justification for murder. Nathan's lack of remorse also 873 01:02:08,440 --> 01:02:12,920 Speaker 1: troubled the board, they denied his parole request. Over the 874 01:02:12,960 --> 01:02:17,800 Speaker 1: next five years, Nathan promoted his reformed image, heavily participating 875 01:02:17,840 --> 01:02:21,000 Speaker 1: in interviews that promoted his volunteer work and distanced him 876 01:02:21,040 --> 01:02:25,280 Speaker 1: from the crime. In a Saturday Evening Post profile, Nathan 877 01:02:25,320 --> 01:02:29,160 Speaker 1: described the murder as something he'd only quote been present at. 878 01:02:30,000 --> 01:02:33,720 Speaker 1: He also insisted that he was no longer gay. In 879 01:02:33,800 --> 01:02:37,320 Speaker 1: nineteen fifty seven, he published a memoir called Life plus 880 01:02:37,400 --> 01:02:41,920 Speaker 1: ninety nine Years, in which Nathan portrayed himself as deeply remorseful, 881 01:02:42,600 --> 01:02:45,600 Speaker 1: while also claiming that he only did the crime because 882 01:02:45,720 --> 01:02:50,200 Speaker 1: Richard Loeb forced him to. In February nineteen fifty eight, 883 01:02:50,440 --> 01:02:54,400 Speaker 1: Nathan had another parole Board hearing. He continued his denial 884 01:02:54,480 --> 01:02:57,919 Speaker 1: of responsibility, repeating the claim that he was forced into 885 01:02:57,920 --> 01:03:01,320 Speaker 1: the crime by Richard Loeb and said I had no 886 01:03:01,440 --> 01:03:05,200 Speaker 1: wish to do this dreadful thing. However, he also said 887 01:03:05,240 --> 01:03:09,040 Speaker 1: he was overwhelmed by remorse and said it is not 888 01:03:09,200 --> 01:03:12,320 Speaker 1: easy to live with murder on your conscience, The fact 889 01:03:12,320 --> 01:03:14,560 Speaker 1: that you didn't do the actual killing yourself does not 890 01:03:14,600 --> 01:03:18,840 Speaker 1: make it any easier. Despite this shifting of blame, the 891 01:03:18,880 --> 01:03:21,840 Speaker 1: parole board was more receptive to Nathan this time around, 892 01:03:22,200 --> 01:03:25,680 Speaker 1: and granted him parole on February twentieth. He moved to 893 01:03:25,720 --> 01:03:28,080 Speaker 1: Puerto Rico, where he took a job in a hospital 894 01:03:28,400 --> 01:03:32,080 Speaker 1: and married a woman. In nineteen seventy one, he visited 895 01:03:32,160 --> 01:03:35,320 Speaker 1: Chicago and went on a trip to the area around 896 01:03:35,400 --> 01:03:38,920 Speaker 1: Wolf Lake where he had dumped Bobby Franks's body nearly 897 01:03:38,960 --> 01:03:43,640 Speaker 1: fifty years earlier. The area, once a wild land, had 898 01:03:43,680 --> 01:03:47,800 Speaker 1: been built over. In a letter to his attorney, Nathan 899 01:03:47,840 --> 01:03:51,520 Speaker 1: described the area only as quote where I used to 900 01:03:51,560 --> 01:03:56,280 Speaker 1: go birding. Soon after this trip, Nathan, already in poor health, 901 01:03:56,800 --> 01:04:01,960 Speaker 1: fell ill. On August twenty ninth, nineteen seventy one, Nathan 902 01:04:02,080 --> 01:04:09,720 Speaker 1: Leopold died. The Leopold and Loeb case has achieved mythical 903 01:04:09,760 --> 01:04:12,720 Speaker 1: status in the annals of true crime. It seems to 904 01:04:12,760 --> 01:04:16,280 Speaker 1: have all the elements of a fictional story. The remorseless, 905 01:04:16,360 --> 01:04:21,280 Speaker 1: eccentric killers, the impassioned defense attorney, the debates over society 906 01:04:21,440 --> 01:04:25,400 Speaker 1: and morals and justice. It can be hard to remember 907 01:04:25,440 --> 01:04:27,640 Speaker 1: that at the heart of this story is a fourteen 908 01:04:27,720 --> 01:04:30,400 Speaker 1: year old boy who thought he was stepping into a 909 01:04:30,440 --> 01:04:34,120 Speaker 1: relative's car to talk about tennis rackets and then was 910 01:04:34,160 --> 01:04:38,400 Speaker 1: brutally killed. There is a human reality to this case. 911 01:04:39,360 --> 01:04:42,800 Speaker 1: For all its drama. It is a sad, sordid tale. 912 01:04:43,920 --> 01:04:47,160 Speaker 1: But as one of Nathan's parole board members said, quote, 913 01:04:47,920 --> 01:04:53,360 Speaker 1: the story is already a legend. That's the story of 914 01:04:53,400 --> 01:04:57,920 Speaker 1: Illinois v. Nathan Leopold and Richard Loeb. Stay with me 915 01:04:57,960 --> 01:05:00,840 Speaker 1: after the break to learn about the presses prizing role 916 01:05:01,000 --> 01:05:07,480 Speaker 1: in the case. Like many so called crimes of the century, 917 01:05:08,120 --> 01:05:11,120 Speaker 1: the press were all over the Leopold and Loeb case, 918 01:05:11,920 --> 01:05:15,040 Speaker 1: but the press played an unusual role in this story. 919 01:05:15,800 --> 01:05:20,720 Speaker 1: Two reporters, James Mulroy and Alvin Goldstein, were instrumental to 920 01:05:20,800 --> 01:05:25,440 Speaker 1: solving the crime. On May twenty second, Mulroy, a reporter 921 01:05:25,520 --> 01:05:28,680 Speaker 1: for the Chicago Daily News, received a tip that Bobby 922 01:05:28,680 --> 01:05:31,640 Speaker 1: Franks had been kidnapped. He got in touch with the 923 01:05:31,680 --> 01:05:35,880 Speaker 1: Frank's family friend, Samuel Edelson, who confirmed the story in 924 01:05:35,960 --> 01:05:40,160 Speaker 1: exchange for Mulroy promising not to publish anything yet. Mulroy 925 01:05:40,240 --> 01:05:42,800 Speaker 1: agreed and traveled over to the Frank's house to see 926 01:05:42,840 --> 01:05:47,840 Speaker 1: what more he could learn. Meanwhile, Mulroy's colleague Alvin Goldstein 927 01:05:48,240 --> 01:05:50,240 Speaker 1: had been sent to write up the discovery of a 928 01:05:50,240 --> 01:05:54,320 Speaker 1: boy's body in Indiana. When Mulroy's editor told him about 929 01:05:54,320 --> 01:05:57,600 Speaker 1: the body, Mulroy connected the dots and suggested that it 930 01:05:57,680 --> 01:06:01,400 Speaker 1: might be Bobby Franks. Infrom was the reason the Frank 931 01:06:01,520 --> 01:06:04,720 Speaker 1: sent Bobby's uncle to look at the body and ultimately 932 01:06:04,880 --> 01:06:10,000 Speaker 1: identify it. On May twenty third, Mulroy and Goldstein stopped 933 01:06:10,040 --> 01:06:12,840 Speaker 1: for lunch at the Zeta Beta Tau fraternity house at 934 01:06:12,840 --> 01:06:16,320 Speaker 1: the University of Chicago. Richard Loebe happened to be there 935 01:06:16,440 --> 01:06:19,880 Speaker 1: chatting with another reporter named Howard Mayer about the Franks case. 936 01:06:20,600 --> 01:06:23,200 Speaker 1: Loebe suggested to the reporters that they could find out 937 01:06:23,240 --> 01:06:25,800 Speaker 1: which drug store Jacob Franks was supposed to have gone 938 01:06:25,840 --> 01:06:28,960 Speaker 1: to for the ransom. The four men traveled to sixty 939 01:06:28,960 --> 01:06:31,520 Speaker 1: third Street and were able to discover the drug store, 940 01:06:31,880 --> 01:06:35,840 Speaker 1: which the journalists then reported to the police. Mulroy and 941 01:06:35,880 --> 01:06:39,680 Speaker 1: Goldstein had their biggest break on May thirty. First. They 942 01:06:39,720 --> 01:06:43,080 Speaker 1: had been talking to Nathan's classmates and discovered that Nathan 943 01:06:43,160 --> 01:06:46,320 Speaker 1: was the note taker for his study group. One student 944 01:06:46,400 --> 01:06:49,560 Speaker 1: told the reporters that while Nathan usually used a Hammond typewriter, 945 01:06:49,960 --> 01:06:53,040 Speaker 1: he had once seen Nathan use a portable typewriter instead. 946 01:06:53,920 --> 01:06:57,480 Speaker 1: The student gave mulroy and Goldstein copies of the group notes, 947 01:06:58,080 --> 01:07:00,880 Speaker 1: which they took to the typewriter expert who had examined 948 01:07:00,880 --> 01:07:04,880 Speaker 1: the ransom note for the police. Upon examining the study notes, 949 01:07:05,120 --> 01:07:07,880 Speaker 1: the expert was sure that one set of them, the 950 01:07:07,920 --> 01:07:11,000 Speaker 1: set that differed from all the rest, was typed by 951 01:07:11,000 --> 01:07:15,120 Speaker 1: the same typewriter that had produced the ransom note. Mulroy 952 01:07:15,160 --> 01:07:18,840 Speaker 1: and Goldstein took this information to Robert Crowe, who proceeded 953 01:07:18,880 --> 01:07:21,800 Speaker 1: to call in the study group members and question them. 954 01:07:22,120 --> 01:07:24,560 Speaker 1: This would be one of the final pieces of evidence 955 01:07:24,720 --> 01:07:28,840 Speaker 1: that sealed the case against Leopold and Loeb for their 956 01:07:28,880 --> 01:07:33,160 Speaker 1: dogged reporting and four quote their service towards the solution 957 01:07:33,320 --> 01:07:36,360 Speaker 1: of the murder of Robert Franks in Chicago on May 958 01:07:36,400 --> 01:07:40,280 Speaker 1: twenty first, nineteen twenty four, and the bringing to justice 959 01:07:40,440 --> 01:07:44,680 Speaker 1: of Nathan F. Leopold and Richard Loeb. James Mulroy and 960 01:07:44,760 --> 01:07:49,480 Speaker 1: Alvin Goldstein were awarded the nineteen twenty five Pulitzer Prize 961 01:07:49,680 --> 01:07:54,120 Speaker 1: in Reporting. Thank you for listening to History on Trial. 962 01:07:54,920 --> 01:07:57,920 Speaker 1: My main sources for this episode were Nina Barrett's book 963 01:07:58,320 --> 01:08:01,400 Speaker 1: The Leopold and Low Files, An intimate look at one 964 01:08:01,440 --> 01:08:06,440 Speaker 1: of America's most infamous crimes, Eric Rabaine's website Lobe and 965 01:08:06,600 --> 01:08:11,520 Speaker 1: Leopold dot Com, Greg King and Penny Wilson's book Nothing 966 01:08:11,560 --> 01:08:14,800 Speaker 1: But the Night Leopold and Loeb and The Truth Behind 967 01:08:14,800 --> 01:08:19,040 Speaker 1: the Murder that rocked nineteen twenties America, and Paula Fass's 968 01:08:19,120 --> 01:08:23,439 Speaker 1: article Making and Remaking an event, the Leopold and Loeb 969 01:08:23,560 --> 01:08:27,920 Speaker 1: Case in American Culture. For a full bibliography, as well 970 01:08:27,960 --> 01:08:31,599 Speaker 1: as a transcript of this episode with citations, please visit 971 01:08:31,600 --> 01:08:37,760 Speaker 1: our website History on Trial podcast dot com. History on 972 01:08:37,880 --> 01:08:41,840 Speaker 1: Trial is written and hosted by me Mira Hayward. The 973 01:08:41,880 --> 01:08:45,560 Speaker 1: show is edited and produced by Jesse Funk, with supervising 974 01:08:45,560 --> 01:08:50,640 Speaker 1: producer Trevor Jung and executive producers Dana Schwartz, Alexander Williams, 975 01:08:50,960 --> 01:08:54,639 Speaker 1: Matt Frederick, and Mira Hayward. Learn more about the show 976 01:08:54,720 --> 01:08:58,640 Speaker 1: at History on Trial podcast dot com and follow us 977 01:08:58,680 --> 01:09:03,000 Speaker 1: on Instagram at History on Trial and on Twitter at 978 01:09:03,240 --> 01:09:08,439 Speaker 1: Underscore History on Trial. Find more podcasts from iHeartRadio by 979 01:09:08,520 --> 01:09:12,799 Speaker 1: visiting the iHeartRadio app Apple Podcasts or wherever you listen 980 01:09:12,840 --> 01:09:14,800 Speaker 1: to your favorite shows,