WEBVTT - #501 Jason Flom with Delia D'Ambra on Jeff Pelley

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<v Speaker 1>April twenty ninth, nineteen eighty nine, was prom night in

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<v Speaker 1>the small town of lake Ville, Indiana, and although high

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<v Speaker 1>school senior Jeff Pelly had been grounded, two of his

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<v Speaker 1>sisters and his girlfriend believed that his father's resolved had softened,

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<v Speaker 1>allowing Jeff to attend. But on the morning after the prom,

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<v Speaker 1>his father, stepmother, and two stepsisters were found fatally shot

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<v Speaker 1>in their own home. Then the state ignored the autopsy

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<v Speaker 1>findings his girlfriend, his sisters, and several other witnesses, along

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<v Speaker 1>with a compelling alternate suspect theory to argue that Jeff

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<v Speaker 1>had killed them simply to gain access to this teenage

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<v Speaker 1>right of passage. This is wrongful conviction. You're listening to

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<v Speaker 1>Wrongful Conviction. You can listen to this and all the

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<v Speaker 1>LoVa for Good podcasts one week early and ed free

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<v Speaker 1>by subscribe to Lava for Good Plus on Apple Podcasts.

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<v Speaker 1>Welcome back to Wrongful Conviction, where we have the story

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<v Speaker 1>of a teenager named Jeff Pelly who was accused of

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<v Speaker 1>killing his father, his stepmother, and two stepsisters in Lakeville,

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<v Speaker 1>Indiana in nineteen eighty nine. Unfortunately, Jeff was not available

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<v Speaker 1>to record, but this story needs to be told. So

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<v Speaker 1>to help us do that, we have one of my

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<v Speaker 1>absolute favorite investigative journalists, Delia Diambra, who dedicated an entire

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<v Speaker 1>season of her hit podcast Counterclock to this case. It's

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<v Speaker 1>going to be linked in the episode description. So Delia,

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<v Speaker 1>thanks so much for joining us.

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<v Speaker 2>Thanks for having me. I'm looking forward to it.

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<v Speaker 1>And with her we have Jeff's post conviction attorney, the

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<v Speaker 1>president of the Indiana Innisis Project, Fran Watson.

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<v Speaker 3>Fran welcome, Well, thank you for Carrie.

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<v Speaker 1>Yeah, I can't shake this one. So this story acquires

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<v Speaker 1>quite a bit of background. So let's go back and

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<v Speaker 1>start where it all started. In Cape Coral, Florida.

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<v Speaker 2>In nineteen seventy Bob Pelly met his first wife, Ava

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<v Speaker 2>Joy Armstrong and they got married and then their first child,

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<v Speaker 2>Robert Jeffrey Pelly. He's born in nineteen seventy one, so

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<v Speaker 2>Carrie is his dad's name, but goes by Jeff and

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<v Speaker 2>then they have their daughter, Jackie. They have a large

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<v Speaker 2>community at the Nazarene Church. Bob was working for a

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<v Speaker 2>bank called Landmark Bank as a data analyst. They're living

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<v Speaker 2>happily in Cape Coral, Florida, which at that time was

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<v Speaker 2>sort of underdeveloped as compared to the city that it

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<v Speaker 2>is now, But back then it was sort of wild

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<v Speaker 2>West in terms of real estate development, and I think

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<v Speaker 2>a lot of people from other states and even other

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<v Speaker 2>countries saw that as an opportune time to capitalize on

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<v Speaker 2>Florida's growth.

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<v Speaker 1>It's also rumored that there were organized criminal interests in

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<v Speaker 1>the area, either coming in from Miami or even as

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<v Speaker 1>far away as Detroit, and Landmark Bank was processing a

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<v Speaker 1>lot of the land deals being made as Cape Coral developed.

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<v Speaker 1>Two of the players in the market were a developer

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<v Speaker 1>from Michigan named Derek Dawson, as well as another Nazarene

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<v Speaker 1>parishioner named Phil Holly.

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<v Speaker 2>The Holly family attended the Nazarene church in Fort Myers

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<v Speaker 2>that the Pelly family also attended. The families knew one

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<v Speaker 2>another and spent time together.

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<v Speaker 3>Mister Holly called mister Pelly his best friend.

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<v Speaker 2>And yes, Phil Holly had several businesses, construction businesses, they

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<v Speaker 2>debt collection business some of which were later alleged to

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<v Speaker 2>be fraudulent businesses, and Phil had banking interests at Landmark Bank. Also,

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<v Speaker 2>Bob had done it work for Phil Holly.

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<v Speaker 3>There isn't any doubt that mister Pelly knew a lot

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<v Speaker 3>about mister Holly's business, and I don't think there's any

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<v Speaker 3>doubt that the Hollys were up to criminal activity.

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<v Speaker 1>Fast forward to nineteen eighty five, Joy Pelly had been

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<v Speaker 1>diagnosed with cancer and after fighting bravely, she tragically lost

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<v Speaker 1>her battle. And later on that year, Bob met a

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<v Speaker 1>widow named Dawn who had three daughters of her own, Jesse, Jannell,

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<v Speaker 1>and Joe Lene, and they soon married. And to add

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<v Speaker 1>to this tumultuous situation, Bob abruptly uprooted this newly blended

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<v Speaker 1>family from a comfortable life in Cape Coral and moved

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<v Speaker 1>to a very different situation in Lakeville, Indiana. In nineteen

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<v Speaker 1>eighty six.

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<v Speaker 2>Bob Pelly was incredibly secretive and abrupt about the family's

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<v Speaker 2>move to Indiana. Jackie her words were, he showed up

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<v Speaker 2>in the middle of the night and said there was

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<v Speaker 2>money missing from the bank, and within either the next

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<v Speaker 2>day or the day after that, the family was gone

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<v Speaker 2>from Cape Coral and moved to Lakeville.

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<v Speaker 1>Later on, the pastor at Nazarene Church confirmed that Bob

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<v Speaker 1>was tormented by fraud that he'd uncovered at landmark, and

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<v Speaker 1>to add another twist, he didn't pick up another banking

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<v Speaker 1>or it job. He actually became a pastor at the

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<v Speaker 1>Olive Branch and I Brethren Church on Osborne Road in Lakeville, Indiana,

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<v Speaker 1>and the Pellys live next door in a ranch style

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<v Speaker 1>home owned by the church called the Parsonage. The kids

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<v Speaker 1>had to go to new schools, of course, and make

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<v Speaker 1>all new friends, all while still acclimating to new step

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<v Speaker 1>parents and siblings. So you know, they were in family

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<v Speaker 1>therapy and in April nineteen eighty eight, Jeff threatened to

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<v Speaker 1>commit suicide.

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<v Speaker 2>In the spring of eighty eight, when Jeff makes this

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<v Speaker 2>declaration that he was going to take his own life,

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<v Speaker 2>Bob gets all the guns out of the home. Thomas Kebb,

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<v Speaker 2>who's an individual who claimed to have received firearms from

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<v Speaker 2>Bob Pelly. Bob Pelly came to him and it's like, here,

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<v Speaker 2>take him out of our house.

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<v Speaker 1>Meanwhile, back in Cape Coral, the real estate developer from Michigan,

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<v Speaker 1>Eric Dawson, had gone deep into debt with the Hollys

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<v Speaker 1>and soon received cash infusions from their business on other

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<v Speaker 1>development deals. By late nineteen eighty eight, Dawson's body was

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<v Speaker 1>discovered in a Florida wildlife preserve.

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<v Speaker 2>Eric Dawson was shot execution style and then sunk into

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<v Speaker 2>a makeshift concrete grave in the middle of a cypress clearing.

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<v Speaker 2>With the Florida conditions the way they are, that concrete

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<v Speaker 2>sort of broke open and allows, unfortunately odors of decomposition

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<v Speaker 2>to escape, and then the wildlife, a lot of wild

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<v Speaker 2>hogs and boars and snakes came in and began to scavenge,

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<v Speaker 2>and that ultimately allowed his clothing and things to come

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<v Speaker 2>out of that and was discovered.

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<v Speaker 1>Eric Dawson had been shot with a twenty two caliber pistol. Curiously,

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<v Speaker 1>Bob Paley had given Thomas keb a twenty two caliber

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<v Speaker 1>pistol which came in and out of his possession around

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<v Speaker 1>the time of Eric Dawson's murder.

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<v Speaker 2>It's back in the home by January of nineteen eighty

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<v Speaker 2>nine and then subsequently disappears again before the April twenty ninth,

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<v Speaker 2>nineteen eighty nine massacre in the home. So this twenty

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<v Speaker 2>two pistol, why was it going in and out of

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<v Speaker 2>the home? Where was it? And then when you look

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<v Speaker 2>at the case in late nineteen eighty eight in Florida,

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<v Speaker 2>with Eric Dawson. He was murdered definitively with a twenty two.

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<v Speaker 1>The Halies were suspected of that murder and police found

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<v Speaker 1>Landis that Dawson had signed over to the Hallies the

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<v Speaker 1>day before his disappearance.

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<v Speaker 3>If you look at what's happening in Florida the month

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<v Speaker 3>of Pelley family is killed, that's when they serve the

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<v Speaker 3>search warrants, and that's where they find clear evidence that

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<v Speaker 3>ultimately convicts the Hallies forging those documents. They're never able

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<v Speaker 3>to charge the Hallies or anyone with the murder of

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<v Speaker 3>the business partner, but they were able to charge and

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<v Speaker 3>convict the Hollies of the fraud tied to taking the asset.

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<v Speaker 1>Meanwhile, Bob was in Lakeville and he was very much

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<v Speaker 1>aware of the danger. Just according to a person named

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<v Speaker 1>Tony Beeeler who was hired to take photographs for a

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<v Speaker 1>church directory, Bob made her swear on a Bible and

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<v Speaker 1>explained why he didn't want his picture taken and made public.

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<v Speaker 2>He expressed to her there are people from my past

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<v Speaker 2>in Florida that we'll find us and harm us. And

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<v Speaker 2>he was very resistant to their identities being out there.

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<v Speaker 2>And then they're all massacred like what.

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<v Speaker 1>Curiously, the Pellies were in touch with the Hawlies, who

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<v Speaker 1>knew that they'd moved to Lakeville, but Bob was certainly

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<v Speaker 1>afraid of someone. Meanwhile, in Lakeville, the police were investigating

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<v Speaker 1>a string of petty thefts, and Bob discovered that his son,

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<v Speaker 1>Jeff and his friends the Herzogs, were involved, So he

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<v Speaker 1>took away Jeff's Mustang and forbade him from attending the

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<v Speaker 1>prom or any after prime activities, including a day trip

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<v Speaker 1>the next day to Six Flags Raided America.

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<v Speaker 3>That's definitely part of the story is that mister Pelly

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<v Speaker 3>had told many people that Jeff was grounded from the prom,

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<v Speaker 3>and the fact we always cite in responses, Well, if

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<v Speaker 3>Jeff wasn't going to the prom, then how did Jackie

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<v Speaker 3>know to tell the police he'd be at Great America

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<v Speaker 3>this pre date cell phone. She'd not been home since

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<v Speaker 3>Friday nine. So if Jeff wasn't going to the prom,

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<v Speaker 3>how does Jackie think he's at Great America?

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<v Speaker 1>According to those closest to the situation, Jeff's sisters Jackie

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<v Speaker 1>and Jesse, and Jeff's girlfriend Darla, it appears that Bob

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<v Speaker 1>had softened his result as early as Friday, which was

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<v Speaker 1>the night before the prompt. Additionally, the Pellies had written

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<v Speaker 1>checks the week prior to cover Jeff's tuxedo and other

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<v Speaker 1>prom fees. Yet the state still contended that this punishment,

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<v Speaker 1>along with access to his mustang, was the motivation for

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<v Speaker 1>him to commit a quadruple homicide against his own family.

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<v Speaker 1>That happened sometime after five pm on April twenty nine,

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<v Speaker 1>nineteen eighty nine. So let's back up to earlier that

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<v Speaker 1>day so we can establish the timeline.

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<v Speaker 3>He worked at McDonald's that Saturday of the prom, starting

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<v Speaker 3>at five am, and then when his father picked him up,

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<v Speaker 3>the dad stopped at the gun store. Now, the state's

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<v Speaker 3>theory was the dad stopped at the gun store because

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<v Speaker 3>he was afraid of his son.

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<v Speaker 1>But if you know the context about Florida, this stop

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<v Speaker 1>makes more sense. According to the store, Bob inquired about

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<v Speaker 1>a gun for Dawn, but he didn't purchase anything.

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<v Speaker 3>Mister Pelly's kicked his son up at noon brought him home.

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<v Speaker 3>They all had lunch together and watch baseball. People came

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<v Speaker 3>over to show their prom dresses.

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<v Speaker 2>There was a girl named Kim and her date David.

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<v Speaker 2>A boy named Matt Miller came over at that same time,

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<v Speaker 2>so they're all there between four thirty and five o'clock,

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<v Speaker 2>maybe five after five at the most.

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<v Speaker 3>So the state's theory is that after this dear friend

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<v Speaker 3>and church people leave, he just goes into a rage

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<v Speaker 3>and kills everyone and then goes to the prom and

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<v Speaker 3>acts normal.

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<v Speaker 1>And according to the dear friend and church people, Jeff

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<v Speaker 1>had been wearing blue jeans and potentially a pink pin

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<v Speaker 1>striped shirt. And the promgoers left around five pm to

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<v Speaker 1>pick up Matt Miller's date.

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<v Speaker 2>Matt Miller forgets his corsage for his date, so he

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<v Speaker 2>goes back home. And as Matt is passing back on

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<v Speaker 2>Osborne Road headed to go meet Kim and David at

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<v Speaker 2>his date's house, he passes the parsonage and sees Jeff's

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<v Speaker 2>Mustang still park there. This is at right around five

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<v Speaker 2>point fifteen. And then there's I think one of Jeff's

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<v Speaker 2>friends that was mushroom hunting in the area. Here's Jeff's car,

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<v Speaker 2>the noticeable engine roar down Osborne Road a little after

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<v Speaker 2>five point fifteen. And then we have Dennis Nico Dimes,

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<v Speaker 2>who is the clerk at the Mco gas station, who

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<v Speaker 2>has an interaction with Jeff who says it's five p

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<v Speaker 2>seventeen when Jeff is at that gas station.

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<v Speaker 1>From then on, Jeff is accounted for wearing a black

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<v Speaker 1>Hawaiian shirt and blue jeans, followed by his tuxedo. So,

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<v Speaker 1>according to the state, Jeff committed this quadruple homicide between

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<v Speaker 1>five and five sixteen pm. But there's the specter of

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<v Speaker 1>this black pickup truck, which wasn't mentioned by the promgoers

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<v Speaker 1>either while they were there as they left, or by

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<v Speaker 1>Matt Miller as he drove by, but rather by a

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<v Speaker 1>woman named Lois Stansbury who saw Bob Pelley after the

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<v Speaker 1>prom goers left and potentially after five sixteen PM.

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<v Speaker 3>She's probably part of the reason Jeff wasn't charged in

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<v Speaker 3>eighty nine. She was a local, good standing citizen who

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<v Speaker 3>said she'd been to kmart. She came back up the

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<v Speaker 3>road to visit her father and saw mister Pelley talking

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<v Speaker 3>to someone in a black truck.

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<v Speaker 2>Yeah, her purchase at kmart was documented and on her receipt.

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<v Speaker 2>I want to say like four thirty to four forty,

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<v Speaker 2>and where that kmart was located the Osborne Road. I

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<v Speaker 2>think we drove it and it was like maybe ten

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<v Speaker 2>or twelve minutes, so based on her movements and that receipt,

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<v Speaker 2>and like one other pit stop she made on the way,

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<v Speaker 2>she's got to be seeing him to be generous a

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<v Speaker 2>little after five to five twenty.

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<v Speaker 3>And according to the witness, mister Pelly had a shovel

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<v Speaker 3>in his hand, and he looked a bit circumspect, in

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<v Speaker 3>other words, he wasn't his normal waving self.

0:12:43.559 --> 0:12:45.679
<v Speaker 2>And when she came forward to law enforcement a week

0:12:45.800 --> 0:12:48.960
<v Speaker 2>or so after the crime, she provides that receipt to them,

0:12:49.400 --> 0:12:51.760
<v Speaker 2>saying like, Hey, here's how I know when I saw

0:12:51.840 --> 0:12:54.600
<v Speaker 2>Bob from five to five twenty. So if Bob's alive

0:12:54.679 --> 0:12:56.840
<v Speaker 2>standing in his driveway talking, is someone in a black

0:12:56.880 --> 0:12:59.440
<v Speaker 2>pickup truck, He's not getting murdered by his teenage son

0:13:00.080 --> 0:13:00.560
<v Speaker 2>in the home.

0:13:01.120 --> 0:13:06.199
<v Speaker 1>Mysteriously, that receipt later went missing, and the state contends

0:13:06.320 --> 0:13:09.360
<v Speaker 1>that it must have been earlier and the prom goers

0:13:09.520 --> 0:13:13.400
<v Speaker 1>just missed it somehow. Now after this sighting, we aren't

0:13:13.440 --> 0:13:16.360
<v Speaker 1>sure what happened with the Pellies. At five point thirty,

0:13:16.520 --> 0:13:19.240
<v Speaker 1>Bob was expected at the home of another prom goer, Crystal,

0:13:19.320 --> 0:13:21.720
<v Speaker 1>Easter Day, but when he didn't show up, she and

0:13:21.800 --> 0:13:24.360
<v Speaker 1>her date came over to the parsonage between five pointy

0:13:24.400 --> 0:13:26.960
<v Speaker 1>five and six pm, and they found the Pelly station

0:13:27.040 --> 0:13:30.040
<v Speaker 1>wagon in the driveway and the curtains drawn, and there

0:13:30.080 --> 0:13:32.120
<v Speaker 1>was no response when they knocked on the door.

0:13:32.480 --> 0:13:35.080
<v Speaker 3>She made later statements that the doors were locked in

0:13:35.120 --> 0:13:38.360
<v Speaker 3>her earliest statements, there's nothing that suggests she tried to

0:13:38.440 --> 0:13:41.320
<v Speaker 3>determine whether they were locked or not. But that was

0:13:41.360 --> 0:13:44.880
<v Speaker 3>a strong fact the state used because their claim was

0:13:44.880 --> 0:13:49.080
<v Speaker 3>that the Pelly family had already been slain inside that home.

0:13:49.600 --> 0:13:54.800
<v Speaker 2>Everything that happened after Jeff is accounted for by witnesses.

0:13:55.280 --> 0:13:58.160
<v Speaker 2>You don't know what's then happening with Bob and Don

0:13:58.160 --> 0:14:02.480
<v Speaker 2>and the girls. They're either already deceased or they're potentially

0:14:02.600 --> 0:14:05.600
<v Speaker 2>still at home for whatever reason, didn't fulfill their plans

0:14:05.600 --> 0:14:08.240
<v Speaker 2>for the night. Were they taken somewhere and then brought

0:14:08.320 --> 0:14:11.400
<v Speaker 2>back to the home. That's obviously a possibility, a little

0:14:11.400 --> 0:14:13.520
<v Speaker 2>bit more involved, because you would think that someone would

0:14:13.559 --> 0:14:16.720
<v Speaker 2>have seen that were they being held at their home

0:14:17.160 --> 0:14:20.240
<v Speaker 2>that evening, potentially through the early morning hours.

0:14:20.520 --> 0:14:23.240
<v Speaker 3>I think mister Pelly got in that black truck myself.

0:14:24.120 --> 0:14:27.280
<v Speaker 3>If mister Pelly's got some inklingess is going on. What

0:14:27.400 --> 0:14:29.880
<v Speaker 3>if mister Pelly left in the black truck and said

0:14:29.920 --> 0:14:32.800
<v Speaker 3>to the family, prom goings over. Lock the house, don't

0:14:32.840 --> 0:14:33.520
<v Speaker 3>answer the door.

0:14:34.160 --> 0:14:37.120
<v Speaker 1>No one saw anyone coming or going for the rest

0:14:37.120 --> 0:14:39.480
<v Speaker 1>of the night, although there's mention of a limousine with

0:14:39.520 --> 0:14:43.760
<v Speaker 1>Florida plates nearby. Additionally, the next door neighbor, Sheila Saunders,

0:14:43.800 --> 0:14:46.200
<v Speaker 1>noted that the Pelly's basement light was on at nine

0:14:46.240 --> 0:14:49.400
<v Speaker 1>to fifteen PM and two am, but when Bob didn't

0:14:49.400 --> 0:14:52.000
<v Speaker 1>show up for Sunday service and the scene was discovered,

0:14:52.320 --> 0:14:55.080
<v Speaker 1>it was noted that the basement light was off.

0:14:55.640 --> 0:15:00.320
<v Speaker 2>So Sunday morning, April thirtieth, around nine fifteen, already in

0:15:00.360 --> 0:15:03.640
<v Speaker 2>the morning, a man named Dave Hathaway, who's sort of

0:15:03.720 --> 0:15:07.680
<v Speaker 2>like an elder at the church, realized that Bob wasn't

0:15:07.760 --> 0:15:11.600
<v Speaker 2>in the sanctuary. His stepdaughters weren't running around anywhere. Don

0:15:11.760 --> 0:15:15.800
<v Speaker 2>was not there, and so Dave eventually walks over he

0:15:16.520 --> 0:15:19.920
<v Speaker 2>needs a spare key. Dave walks in through the garage,

0:15:20.240 --> 0:15:22.840
<v Speaker 2>gets a couple steps in to go let the other

0:15:22.920 --> 0:15:25.840
<v Speaker 2>elder in, and before he even gets there, he kind

0:15:25.880 --> 0:15:28.920
<v Speaker 2>of looks over into this hallway that leads into the

0:15:28.960 --> 0:15:32.720
<v Speaker 2>bedrooms and sees what he recognizes as Bob Pelly's kind

0:15:32.720 --> 0:15:37.800
<v Speaker 2>of thicker glasses on the carpet, some blood, realizes something

0:15:37.960 --> 0:15:41.120
<v Speaker 2>is very wrong, and then obviously, law enforcement is called.

0:15:41.600 --> 0:15:44.280
<v Speaker 1>Dave Hathaway initially mentioned that the blood was still wet,

0:15:44.280 --> 0:15:46.680
<v Speaker 1>but he later recalled it differently and said that the

0:15:46.720 --> 0:15:50.160
<v Speaker 1>blood was dry. Now clarity on that would have been

0:15:50.520 --> 0:15:53.440
<v Speaker 1>very helpful when establishing the timeline. But let's go back

0:15:53.440 --> 0:15:54.040
<v Speaker 1>to the scene.

0:15:54.160 --> 0:15:57.280
<v Speaker 2>I think the thought always was initially by law enforcement,

0:15:57.360 --> 0:16:00.840
<v Speaker 2>that Bob Pelly died first in the hall way upstairs,

0:16:01.160 --> 0:16:05.520
<v Speaker 2>and then the killer or killers completed the crime downstairs

0:16:05.560 --> 0:16:08.880
<v Speaker 2>with Dawn and the girls unfortunately with their bodies sort

0:16:08.880 --> 0:16:11.720
<v Speaker 2>of positioned on or next to one another, and I

0:16:11.760 --> 0:16:15.080
<v Speaker 2>think that would indicate that they all died at the

0:16:15.120 --> 0:16:17.359
<v Speaker 2>same time or in very quick succession.

0:16:17.720 --> 0:16:19.840
<v Speaker 1>There's also a gun shot in the stairwell heading down

0:16:19.840 --> 0:16:22.080
<v Speaker 1>into the basement that appears to have been a near miss,

0:16:22.120 --> 0:16:25.520
<v Speaker 1>which may support that theory of succession. Interestingly, the shooter

0:16:25.760 --> 0:16:28.520
<v Speaker 1>must have collected the shell casing, so all they found

0:16:28.640 --> 0:16:32.360
<v Speaker 1>were the spent twenty gage shotgun slugs, and watting, which

0:16:32.360 --> 0:16:34.320
<v Speaker 1>is either a paper or plastic part of the bullet

0:16:34.360 --> 0:16:36.000
<v Speaker 1>between the gunpowder and the slug.

0:16:36.360 --> 0:16:39.680
<v Speaker 2>This watting usually falls or flutters to the floor, and

0:16:39.760 --> 0:16:41.800
<v Speaker 2>in this case some of it is in the wounds

0:16:41.840 --> 0:16:44.040
<v Speaker 2>or on the clothing of the victim, which just goes

0:16:44.080 --> 0:16:46.800
<v Speaker 2>to show how close in proximity the shooter was to them.

0:16:47.000 --> 0:16:52.320
<v Speaker 2>There is watting discovered from two different types of shotgun

0:16:52.440 --> 0:16:56.280
<v Speaker 2>shell casings by different manufacturers, which begins to open the

0:16:56.320 --> 0:16:59.840
<v Speaker 2>door of was there one shooter? Was there two shooters?

0:17:00.280 --> 0:17:02.200
<v Speaker 2>It just raises a lot of questions, and.

0:17:02.240 --> 0:17:04.040
<v Speaker 1>Establishing the time of death would have gone a long

0:17:04.080 --> 0:17:08.320
<v Speaker 1>way to answering them. Unfortunately, the coroner lost that information

0:17:08.440 --> 0:17:12.280
<v Speaker 1>when he refrigerated the bodies before determining it. But there

0:17:12.320 --> 0:17:14.879
<v Speaker 1>were some interesting findings at autopsy.

0:17:15.359 --> 0:17:20.160
<v Speaker 2>We do see popcorn in Bob's stomach. Jackie Pelly always says,

0:17:20.200 --> 0:17:22.760
<v Speaker 2>like her dad's evening snack before he'd had to preach

0:17:22.840 --> 0:17:25.600
<v Speaker 2>a message the next day, it was popcorn. So it's like, Okay,

0:17:25.960 --> 0:17:27.640
<v Speaker 2>why would he have been eating that in the middle

0:17:27.640 --> 0:17:30.560
<v Speaker 2>of the afternoon or late afternoon. He didn't really have

0:17:30.640 --> 0:17:32.960
<v Speaker 2>opportunity to do that because we know he was visiting

0:17:32.960 --> 0:17:35.800
<v Speaker 2>with parishioners all throughout the afternoon on Saturday, right up

0:17:35.840 --> 0:17:38.240
<v Speaker 2>until about four o'clock. And then all these kids come

0:17:38.240 --> 0:17:39.879
<v Speaker 2>over to get their pictures taken. So it's like, did

0:17:39.920 --> 0:17:42.520
<v Speaker 2>they eat those things either right up until they were

0:17:42.600 --> 0:17:44.760
<v Speaker 2>killed or later that night? But how could they have

0:17:44.800 --> 0:17:46.520
<v Speaker 2>eaten them if they were already dead? And so it

0:17:46.560 --> 0:17:57.639
<v Speaker 2>really begins to kind of throw off the timeline.

0:18:00.000 --> 0:18:04.040
<v Speaker 1>Episode of Wrongful Conviction is proudly sponsored by Erase PTSD Now.

0:18:04.680 --> 0:18:08.320
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0:18:36.960 --> 0:18:41.600
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0:18:41.640 --> 0:18:42.800
<v Speaker 1>to get involved.

0:18:46.359 --> 0:18:50.040
<v Speaker 2>When they first began processing the scene, there was a

0:18:50.600 --> 0:18:54.359
<v Speaker 2>Indiana State trooper who came to the scene and was

0:18:54.480 --> 0:18:58.320
<v Speaker 2>familiar with Jeff and Bob Pelly because he was in

0:18:58.359 --> 0:19:01.280
<v Speaker 2>a community club with Bob and had gotten to know Bob,

0:19:01.320 --> 0:19:03.560
<v Speaker 2>and Bob had opened up to him a little bit

0:19:03.600 --> 0:19:07.040
<v Speaker 2>about his sort of parental struggles with Jeff and some

0:19:07.240 --> 0:19:09.720
<v Speaker 2>thefts and people that Bob didn't like that Jeff was

0:19:09.760 --> 0:19:12.080
<v Speaker 2>hanging out with, and bad attitude and things like that,

0:19:12.160 --> 0:19:15.000
<v Speaker 2>the lamenting of a father of a teenage son, and

0:19:15.080 --> 0:19:18.919
<v Speaker 2>so the state trooper came into the crime scene investigation

0:19:19.040 --> 0:19:21.280
<v Speaker 2>with that sort of back history.

0:19:21.320 --> 0:19:25.879
<v Speaker 1>Even though the autopsy findings Lois Stansbury and Sheila Saunders

0:19:25.920 --> 0:19:28.760
<v Speaker 1>all suggest that the murders happened later on that night,

0:19:28.880 --> 0:19:31.680
<v Speaker 1>it appears that tunnel vision had already set in and

0:19:31.720 --> 0:19:35.320
<v Speaker 1>the state turned him into some sort of master criminal

0:19:35.520 --> 0:19:38.480
<v Speaker 1>with prowess that would be something out of a spy

0:19:38.600 --> 0:19:39.520
<v Speaker 1>thriller or something.

0:19:39.640 --> 0:19:42.600
<v Speaker 2>The lack of physical evidence says a lot in this case,

0:19:42.720 --> 0:19:45.280
<v Speaker 2>because it's not just someone would have had to clean

0:19:45.320 --> 0:19:48.320
<v Speaker 2>themselves up from the biological material, but they would have

0:19:48.320 --> 0:19:51.439
<v Speaker 2>had to get all those shell casings. Be careful not

0:19:51.720 --> 0:19:55.080
<v Speaker 2>to step in any blood, because there's no tracking of

0:19:55.240 --> 0:19:58.439
<v Speaker 2>blood or footprints or shoeprints or sock prints. There's no

0:19:58.640 --> 0:20:02.640
<v Speaker 2>smearing on the floor of any sort of transfer like that.

0:20:03.080 --> 0:20:07.600
<v Speaker 2>So this is someone who is being extremely careful, extremely methodic,

0:20:08.119 --> 0:20:12.919
<v Speaker 2>picking up shellcasings and then able to close curtains and

0:20:13.000 --> 0:20:16.800
<v Speaker 2>lock doors get rid of all incriminating evidence.

0:20:16.720 --> 0:20:19.679
<v Speaker 1>All between five and five sixteen pm.

0:20:20.240 --> 0:20:23.840
<v Speaker 2>Law enforcement and even the prosecution over the years has said,

0:20:24.240 --> 0:20:27.359
<v Speaker 2>it's tight, it's a tight window, it is a hard cell.

0:20:27.800 --> 0:20:30.280
<v Speaker 2>We get that. But we believe that he did it

0:20:30.320 --> 0:20:32.760
<v Speaker 2>because we believe that he pre planned to do it.

0:20:33.040 --> 0:20:36.240
<v Speaker 1>And so they located as surviving Pelly children. Jesse and

0:20:36.359 --> 0:20:39.200
<v Speaker 1>Jackie were each at their friends' homes, and they said

0:20:39.200 --> 0:20:42.639
<v Speaker 1>that Jeff was at Great America, so that dispels the

0:20:42.680 --> 0:20:47.040
<v Speaker 1>state's motive. But then Jackie and Jesse disagreed about whether

0:20:47.119 --> 0:20:49.880
<v Speaker 1>or not the family's twenty gage shotgun was in the home.

0:20:50.200 --> 0:20:53.639
<v Speaker 2>Jesse, she says that before she left for her sleepover

0:20:53.880 --> 0:20:56.520
<v Speaker 2>on Friday, that the gun was there, that the gun

0:20:56.600 --> 0:21:00.000
<v Speaker 2>was on the rack. That's her memory. She's obviously young, idea,

0:21:00.080 --> 0:21:03.120
<v Speaker 2>don't know how often she went in there and like check,

0:21:03.160 --> 0:21:05.159
<v Speaker 2>so I don't know if that's a memory from a

0:21:05.240 --> 0:21:08.639
<v Speaker 2>pre existing entry into her parents' room or not.

0:21:09.040 --> 0:21:12.720
<v Speaker 1>But according to both Jackie and Thomas Keb that shotgun

0:21:12.800 --> 0:21:16.200
<v Speaker 1>was not in the parsonage. Next, Lakeville PD went to

0:21:16.240 --> 0:21:18.800
<v Speaker 1>get Jeff near Great America. They searched his car, found

0:21:18.840 --> 0:21:21.639
<v Speaker 1>a paper grocery bag containing his black Hawaiian shirt and

0:21:21.680 --> 0:21:24.119
<v Speaker 1>blue jeans, which also had a dollar bill and thirty

0:21:24.119 --> 0:21:26.919
<v Speaker 1>four coins in the pocket, and there was also a

0:21:27.040 --> 0:21:29.800
<v Speaker 1>legible receipt in the bag. Jeff was then brought back

0:21:29.800 --> 0:21:31.919
<v Speaker 1>to Lakeville for an interview with the cops in the

0:21:31.960 --> 0:21:33.480
<v Speaker 1>company of his grandparents.

0:21:33.680 --> 0:21:36.679
<v Speaker 3>So five am Monday, he waives his rights and he

0:21:36.720 --> 0:21:40.440
<v Speaker 3>gives a statement. It's recorded. When they ask him, can

0:21:40.480 --> 0:21:43.400
<v Speaker 3>you think of anyone that would do this, he readily

0:21:43.520 --> 0:21:45.919
<v Speaker 3>says the only thing I can think of is it

0:21:45.960 --> 0:21:49.359
<v Speaker 3>could be the herse ags And I'm paraphrasing. My dad

0:21:49.400 --> 0:21:52.520
<v Speaker 3>was investigating a theft ring. These kids are mad at

0:21:52.520 --> 0:21:55.720
<v Speaker 3>my dad. You need to go talk to Detective Center.

0:21:55.800 --> 0:21:59.480
<v Speaker 1>Who confirmed what Jeff said. Now without a confession, police

0:21:59.520 --> 0:22:02.200
<v Speaker 1>began to say speculate about Jeff's reaction to the news,

0:22:02.280 --> 0:22:05.679
<v Speaker 1>which is never convincing evidence of guilt or innocence, but

0:22:05.720 --> 0:22:08.880
<v Speaker 1>people do it anyway. Now, they also inspected his body

0:22:09.119 --> 0:22:11.320
<v Speaker 1>for any injuries and they took pictures.

0:22:11.560 --> 0:22:15.439
<v Speaker 3>Those photographs show that Jeff has not a single mark

0:22:15.560 --> 0:22:18.520
<v Speaker 3>on his chest. So the theory is he took that

0:22:18.640 --> 0:22:21.440
<v Speaker 3>family twenty gauge and he fired it at least six

0:22:21.560 --> 0:22:24.840
<v Speaker 3>times within the confines of a small hallway in a

0:22:24.880 --> 0:22:30.760
<v Speaker 3>small basement area without at all one bruce. That's Monday morning.

0:22:31.040 --> 0:22:34.920
<v Speaker 3>So later the grandparents agree to bringing back Monday evening

0:22:35.000 --> 0:22:37.800
<v Speaker 3>for a polygraph. And at this point they agree they

0:22:37.840 --> 0:22:41.639
<v Speaker 3>purposely separating from his grandparents for the purpose of getting

0:22:41.680 --> 0:22:44.880
<v Speaker 3>him to admit this, and you know what, he didn't confess.

0:22:45.200 --> 0:22:49.520
<v Speaker 1>But in between interviews they discovered something that Jeff hadn't

0:22:49.560 --> 0:22:52.440
<v Speaker 1>mentioned in his first that he'd stopped at two gas

0:22:52.480 --> 0:22:55.399
<v Speaker 1>stations on the way to Darla's house. So he explained why,

0:22:55.600 --> 0:22:58.199
<v Speaker 1>an issue with the car and access to tools that

0:22:58.240 --> 0:22:59.800
<v Speaker 1>he needed to work with the car, and they said

0:22:59.800 --> 0:23:02.359
<v Speaker 1>that discrepancy made them doubt his story that he must

0:23:02.359 --> 0:23:05.400
<v Speaker 1>have done it all while the threat of the death

0:23:05.440 --> 0:23:11.000
<v Speaker 1>penalty loomed large and importantly, the second interview was not recorded,

0:23:11.240 --> 0:23:14.080
<v Speaker 1>just some of his answers were jotted down, and the

0:23:14.119 --> 0:23:17.920
<v Speaker 1>detective alleged that Jeff said something that sounded incriminating.

0:23:18.280 --> 0:23:21.000
<v Speaker 3>They say, he says something like if I tell you

0:23:21.080 --> 0:23:24.000
<v Speaker 3>what I know, well I get the death penalty or something.

0:23:24.040 --> 0:23:27.080
<v Speaker 3>They testify at trial that he said that, Well, maybe

0:23:27.119 --> 0:23:30.840
<v Speaker 3>that's related to the her songs he told you about them.

0:23:31.160 --> 0:23:33.520
<v Speaker 2>I think that statement on its face is certainly like

0:23:33.600 --> 0:23:36.040
<v Speaker 2>what who would say that? But you also just have

0:23:36.119 --> 0:23:39.040
<v Speaker 2>to know where it's coming from, and also how people

0:23:39.119 --> 0:23:42.840
<v Speaker 2>respond to questions they're asked, and if only their response

0:23:43.119 --> 0:23:45.960
<v Speaker 2>is written down and the context of the question is

0:23:46.080 --> 0:23:49.280
<v Speaker 2>not included. I mean, I've done this with now multiple

0:23:49.359 --> 0:23:53.080
<v Speaker 2>wrongful conviction claim cases where it's like, wow, okay, now

0:23:53.080 --> 0:23:55.320
<v Speaker 2>that I know what was asked, that changes how I

0:23:55.320 --> 0:23:56.040
<v Speaker 2>see the response.

0:23:56.440 --> 0:24:00.280
<v Speaker 1>Without a recording, we don't even know what exactly was said,

0:24:00.600 --> 0:24:04.479
<v Speaker 1>let alone why. And it also seems that misrepresentations aren't

0:24:04.760 --> 0:24:07.679
<v Speaker 1>exactly outside the realm of possibilities in this case. And

0:24:07.680 --> 0:24:09.399
<v Speaker 1>I'm going to get to that later, but for now,

0:24:09.600 --> 0:24:12.360
<v Speaker 1>we do know that Bob Pelly and the Herzogs were

0:24:12.400 --> 0:24:12.879
<v Speaker 1>at odds.

0:24:13.400 --> 0:24:16.800
<v Speaker 3>People in the beginning in the community thought it was

0:24:16.880 --> 0:24:21.560
<v Speaker 3>about this thievery. Mister Pelly was trying to shut down

0:24:22.000 --> 0:24:24.600
<v Speaker 3>at the funeral home. One of the her Sogs showed

0:24:24.680 --> 0:24:27.200
<v Speaker 3>up and if people got into a fight, we put

0:24:27.240 --> 0:24:29.880
<v Speaker 3>on Jackie. At the PCR hearing to say, the her

0:24:29.960 --> 0:24:32.120
<v Speaker 3>Sogs came over to our house to threaten.

0:24:31.880 --> 0:24:34.760
<v Speaker 1>Jeff, and we only raised the Herzogs to give potential

0:24:34.800 --> 0:24:38.919
<v Speaker 1>context around what was allegedly said in this unrecorded interview. Meanwhile,

0:24:38.960 --> 0:24:41.680
<v Speaker 1>in addition to the clothing from the paperbag in Jeff's car,

0:24:41.760 --> 0:24:45.240
<v Speaker 1>the police retrieved clothing from the Pelly's washing machine. According

0:24:45.240 --> 0:24:47.280
<v Speaker 1>to records they sent to the FBI, there was a

0:24:47.320 --> 0:24:51.000
<v Speaker 1>pink pin striped shirt and tube socks with no biological

0:24:51.040 --> 0:24:54.119
<v Speaker 1>material found, which became sort of a running theme.

0:24:54.600 --> 0:24:57.359
<v Speaker 2>I think the state they just kept hitting walls with

0:24:57.440 --> 0:25:00.520
<v Speaker 2>this physical evidence piece, even down to to the point

0:25:00.640 --> 0:25:04.760
<v Speaker 2>of analyzing the washing machine for blood and biological material.

0:25:04.840 --> 0:25:07.639
<v Speaker 2>The lumina went kind of wild on the floor or

0:25:07.680 --> 0:25:10.160
<v Speaker 2>in the retention of the washer, I think. But right

0:25:10.160 --> 0:25:12.960
<v Speaker 2>away the experts say it's probably from the detergent, which

0:25:13.000 --> 0:25:14.600
<v Speaker 2>like absolutely picture it.

0:25:14.680 --> 0:25:17.359
<v Speaker 3>Picture it. You go to a washing machine after killing

0:25:17.440 --> 0:25:19.960
<v Speaker 3>four people, trying to get out of those clothes to

0:25:20.160 --> 0:25:23.560
<v Speaker 3>wash away the biological material of the dead. You take

0:25:23.600 --> 0:25:27.280
<v Speaker 3>your clothes off. What happens. It falls where you're just

0:25:27.440 --> 0:25:30.680
<v Speaker 3>robing where was that. You'd have to clean it up

0:25:30.800 --> 0:25:33.600
<v Speaker 3>and that would leave a pattern when they sprayed that luminol,

0:25:34.000 --> 0:25:37.359
<v Speaker 3>there were no patterns, so nobody wiped anything up.

0:25:37.800 --> 0:25:40.480
<v Speaker 1>Also, importantly, if Jeff had done this, his blue genes

0:25:40.480 --> 0:25:43.840
<v Speaker 1>should have held onto some biological material. But the FBI

0:25:43.960 --> 0:25:46.399
<v Speaker 1>confirmed that there was no blood on the jeans and

0:25:46.560 --> 0:25:49.040
<v Speaker 1>that they had not been washed. The police even found

0:25:49.040 --> 0:25:51.119
<v Speaker 1>a bloody T shirt in a nearby field that they

0:25:51.119 --> 0:25:52.879
<v Speaker 1>asked the FBI to try to compare it to the

0:25:52.880 --> 0:25:55.040
<v Speaker 1>clothes found of the paper bag to try to find

0:25:55.080 --> 0:25:58.680
<v Speaker 1>a connection, but to no avail. And between Thomas cab

0:25:59.280 --> 0:26:03.280
<v Speaker 1>Lois Stansburg, Sheila Saunders, the autopsy findings, and the lack

0:26:03.320 --> 0:26:06.920
<v Speaker 1>of a confession or physical evidence, the state couldn't charge

0:26:07.000 --> 0:26:08.400
<v Speaker 1>Jeff the prosecutor.

0:26:08.680 --> 0:26:11.680
<v Speaker 2>The subsequent prosecutors who were elected, none of them would

0:26:11.720 --> 0:26:16.119
<v Speaker 2>bring charges. The case, in their eyes, lacked what it

0:26:16.119 --> 0:26:19.800
<v Speaker 2>would need to have a successful prosecution, and so.

0:26:19.840 --> 0:26:22.760
<v Speaker 1>Life moved on for the surviving Pelly children. For now.

0:26:23.480 --> 0:26:27.359
<v Speaker 2>Jackie went to live with her grandparents in Kentucky, came

0:26:27.400 --> 0:26:30.120
<v Speaker 2>into adulthood, and got married, and she's kind of moved

0:26:30.160 --> 0:26:33.719
<v Speaker 2>all over with her husband and their family. Jesse goes

0:26:33.760 --> 0:26:37.640
<v Speaker 2>to live with I believe Don's family, and then kind

0:26:37.680 --> 0:26:39.400
<v Speaker 2>of just carried on life.

0:26:39.040 --> 0:26:42.000
<v Speaker 1>And remember, Jeff was fifteen when they left his friends

0:26:42.040 --> 0:26:44.560
<v Speaker 1>in Florida, and he had no clue about anything that

0:26:44.600 --> 0:26:46.919
<v Speaker 1>was going on between Phil and his dad. Plus he

0:26:47.080 --> 0:26:49.119
<v Speaker 1>was close with Phil's youngest son, Martin.

0:26:49.440 --> 0:26:52.040
<v Speaker 2>Jeff obviously was getting a little bit older. He graduated

0:26:52.119 --> 0:26:54.920
<v Speaker 2>high school. He then moved to Florida in the Fort

0:26:54.960 --> 0:26:58.360
<v Speaker 2>Myers area, he started working for Phil Hawley. Jeff then

0:26:58.520 --> 0:27:02.680
<v Speaker 2>married Phil Hawley's daughter so could have merit into that family.

0:27:03.200 --> 0:27:06.520
<v Speaker 2>And it was kind of throughout that mid nineties timeframe

0:27:06.960 --> 0:27:09.439
<v Speaker 2>that Phil Hawley and his sons are all on trial

0:27:09.600 --> 0:27:13.280
<v Speaker 2>for not Eric Dawson's murder, but the fraud that they

0:27:13.320 --> 0:27:14.919
<v Speaker 2>had committed against Eric Dawson.

0:27:15.200 --> 0:27:18.159
<v Speaker 1>Meanwhile, back in Lakeville, one of the assistant prosecutors from

0:27:18.240 --> 0:27:21.840
<v Speaker 1>nineteen eighty nine, Christopher Tough, ran for Saint Joseph's County

0:27:21.880 --> 0:27:25.000
<v Speaker 1>prosecuting Attorney, promising to open a cold case unit. He

0:27:25.040 --> 0:27:27.800
<v Speaker 1>was elected in November nineteen ninety eight and they began

0:27:27.920 --> 0:27:31.200
<v Speaker 1>reinvestigating the Pelly case. But the situation didn't really change

0:27:31.280 --> 0:27:33.439
<v Speaker 1>until two thousand and two, when the blue jeans from

0:27:33.480 --> 0:27:36.600
<v Speaker 1>the paper grocery bag with thirty four coins, a dollar bill,

0:27:36.760 --> 0:27:39.720
<v Speaker 1>and a legible receipt were viewed again, but this time

0:27:39.800 --> 0:27:40.679
<v Speaker 1>in a different light.

0:27:41.119 --> 0:27:45.320
<v Speaker 3>And as the court agreed, they clearly confused the blue

0:27:45.400 --> 0:27:48.159
<v Speaker 3>jeans and make an assumption that the blue jeans were

0:27:48.240 --> 0:27:50.920
<v Speaker 3>what were in the washing machine having been washed. When

0:27:50.920 --> 0:27:54.040
<v Speaker 3>that police officer made that assumption, he sent those blue

0:27:54.119 --> 0:27:56.720
<v Speaker 3>jeans away again for testing, and in two thousand and

0:27:56.760 --> 0:27:59.919
<v Speaker 3>two the FBI said they were heavily stained, found no

0:28:00.080 --> 0:28:00.760
<v Speaker 3>blood on them.

0:28:00.840 --> 0:28:03.800
<v Speaker 2>If it's established that the genes weren't in fact washed,

0:28:04.040 --> 0:28:06.359
<v Speaker 2>had coins in the pocket, and there's a receipt in

0:28:06.400 --> 0:28:09.400
<v Speaker 2>the bag that they pulled from an evidence storage, then

0:28:09.760 --> 0:28:13.119
<v Speaker 2>it means that law enforcement can't say he committed the

0:28:13.119 --> 0:28:15.160
<v Speaker 2>crime and then covered up and washed his clothes.

0:28:15.359 --> 0:28:19.119
<v Speaker 3>They never asked themselves. Thirty four coins stayed in the

0:28:19.160 --> 0:28:22.720
<v Speaker 3>pocket of a pair of jeans washed off, thirty four

0:28:22.760 --> 0:28:24.439
<v Speaker 3>of them? What are you talking about?

0:28:24.880 --> 0:28:29.879
<v Speaker 1>Not to mention that evidence, especially wet physical evidence, typically

0:28:29.920 --> 0:28:33.440
<v Speaker 1>would never be placed in a paper grocery bag. Now

0:28:33.440 --> 0:28:37.439
<v Speaker 1>it's unclear where exactly Detective Whitfield's belief falls on the

0:28:37.440 --> 0:28:42.040
<v Speaker 1>scale of honest mistake to pure evil, but either way,

0:28:42.200 --> 0:28:45.280
<v Speaker 1>no one along the way ever questioned the belief, and

0:28:45.360 --> 0:28:48.280
<v Speaker 1>he obtained an arrest warrant, which was executed at Los

0:28:48.320 --> 0:28:51.680
<v Speaker 1>Angeles International Airport. Jeff was arriving from a business trip

0:28:51.720 --> 0:28:53.960
<v Speaker 1>with his wife and Jackie, who then found him a

0:28:53.960 --> 0:28:58.280
<v Speaker 1>California attorney named Alan Baum to handle the arraignment. After

0:28:58.320 --> 0:29:01.080
<v Speaker 1>seeing the facts of the case, Allen State on board.

0:29:01.320 --> 0:29:04.880
<v Speaker 1>But even more information came to light after Jeff's arrest.

0:29:05.280 --> 0:29:08.880
<v Speaker 3>Tony Baylor, she comes forward once there's a trial date,

0:29:08.960 --> 0:29:11.560
<v Speaker 3>and she goes to the police department, not to mister

0:29:11.600 --> 0:29:14.640
<v Speaker 3>Pelly's lawyers, to the police department and they record her

0:29:14.680 --> 0:29:18.080
<v Speaker 3>statement and she describes this encounter with mister Pelly and

0:29:18.120 --> 0:29:21.640
<v Speaker 3>the church in which he expresses fear for his family's

0:29:21.640 --> 0:29:27.520
<v Speaker 3>safety from his experiences from Florida following him to Indiana.

0:29:27.200 --> 0:29:31.040
<v Speaker 2>Which obviously doesn't really point in Jeff's direction. So that's

0:29:31.080 --> 0:29:33.240
<v Speaker 2>like not super great for a prosecution.

0:29:33.560 --> 0:29:38.400
<v Speaker 3>And that particular tape of Tony Baylor never made it

0:29:38.720 --> 0:29:42.240
<v Speaker 3>into the jury trial because mister Pelly's lawyers never knew

0:29:42.280 --> 0:29:42.560
<v Speaker 3>of her.

0:29:42.840 --> 0:29:45.080
<v Speaker 2>I really don't think, based on what the records show,

0:29:45.480 --> 0:29:49.520
<v Speaker 2>that it was a reinvestigation to try and solve the homicides.

0:29:50.000 --> 0:29:54.360
<v Speaker 2>I believe it shows that the reinvestigation was to ultimately

0:29:54.880 --> 0:29:57.960
<v Speaker 2>clear or not clear Jeff Pelly as a suspect, and

0:29:58.000 --> 0:30:01.520
<v Speaker 2>those are two very different things. And ultimately I don't

0:30:01.520 --> 0:30:04.240
<v Speaker 2>think they pursued really avenues of clearing him. I think

0:30:04.240 --> 0:30:05.960
<v Speaker 2>they pursued more avenues of arrest.

0:30:06.360 --> 0:30:08.640
<v Speaker 1>From two thousand and three, Jeff was held in pre

0:30:08.720 --> 0:30:13.040
<v Speaker 1>trial detention with no bond until his attorney finally got

0:30:13.040 --> 0:30:15.840
<v Speaker 1>one set in two thousand and five, and he wasn't

0:30:15.880 --> 0:30:17.640
<v Speaker 1>tried until two thousand and six.

0:30:18.440 --> 0:30:20.880
<v Speaker 2>From nineteen eighty nine to like two thousand and three

0:30:21.240 --> 0:30:22.560
<v Speaker 2>is a huge delay.

0:30:22.920 --> 0:30:24.640
<v Speaker 1>That's a very cold case, right.

0:30:24.760 --> 0:30:27.080
<v Speaker 2>I think his attorneys have argued like that in itself

0:30:27.160 --> 0:30:30.120
<v Speaker 2>could have been prejudicial or was prejudicial? Do you then

0:30:30.240 --> 0:30:32.440
<v Speaker 2>have all the way until six before you get a

0:30:32.440 --> 0:30:35.080
<v Speaker 2>trial because of different clocks in the court going at

0:30:35.080 --> 0:30:37.360
<v Speaker 2>different speeds, and then you know, in that timeframe from

0:30:37.400 --> 0:30:39.719
<v Speaker 2>the arrest of the trial, the state pauses for like

0:30:39.760 --> 0:30:42.640
<v Speaker 2>over a year to say they need these family counseling records,

0:30:42.680 --> 0:30:44.400
<v Speaker 2>and then they get them and they never use them.

0:30:44.600 --> 0:30:47.120
<v Speaker 1>Maybe they were just stalling because the case was so weak.

0:30:47.640 --> 0:30:51.560
<v Speaker 1>The prosecutor, Frank Shaeffer, even admitted to the jury that

0:30:51.600 --> 0:30:53.240
<v Speaker 1>they had no physical evidence.

0:30:53.600 --> 0:30:57.040
<v Speaker 2>There's no blood found on Jeff for his belongings. There's

0:30:57.160 --> 0:31:00.680
<v Speaker 2>nothing of his found on the victims way in which

0:31:00.720 --> 0:31:03.200
<v Speaker 2>that would indicate he was present for the crime. They

0:31:03.240 --> 0:31:06.360
<v Speaker 2>don't find the firearm, they don't find the shellcas things,

0:31:06.520 --> 0:31:08.479
<v Speaker 2>they don't find a bundle of clothing and a dumpster

0:31:08.600 --> 0:31:11.600
<v Speaker 2>somewhere that was somewhere he made a stop. Nothing physical

0:31:11.600 --> 0:31:14.959
<v Speaker 2>evidence wise connects Jeff to the crime.

0:31:15.360 --> 0:31:19.760
<v Speaker 1>It was a circumstantial case. The investigators described the scene

0:31:19.800 --> 0:31:22.920
<v Speaker 1>and then they established their timeline with the prom goers,

0:31:22.960 --> 0:31:26.840
<v Speaker 1>which was countered by Lois Stansbury. But her Kmart receipt

0:31:27.040 --> 0:31:31.040
<v Speaker 1>had mysteriously disappeared, just vanished, so the state was able

0:31:31.120 --> 0:31:35.960
<v Speaker 1>to explain her away, along with other aberrations like the

0:31:36.000 --> 0:31:38.840
<v Speaker 1>popcorn in Bob's stomach and the light that was on

0:31:38.960 --> 0:31:42.240
<v Speaker 1>in the basement at nine to fifteen pm and two am.

0:31:42.640 --> 0:31:45.680
<v Speaker 1>So then the stage was set for between five and

0:31:45.760 --> 0:31:46.959
<v Speaker 1>five sixteen pm.

0:31:47.480 --> 0:31:53.360
<v Speaker 2>The prosecution was relying on individuals that knew Jeff and

0:31:53.520 --> 0:31:57.400
<v Speaker 2>Bob Pelly to talk about their tumultuous relationship and the

0:31:57.480 --> 0:31:59.440
<v Speaker 2>issue of a prom Could he go, could he not go?

0:31:59.480 --> 0:32:01.400
<v Speaker 2>Could take a car? Could he not take his car?

0:32:01.840 --> 0:32:04.120
<v Speaker 2>And so even though the state doesn't really have to

0:32:04.200 --> 0:32:06.000
<v Speaker 2>prove motive. They knew that was the only way they

0:32:06.000 --> 0:32:08.959
<v Speaker 2>were going to be able to convince jurors that Jeff

0:32:09.040 --> 0:32:09.640
<v Speaker 2>had done it.

0:32:09.800 --> 0:32:12.920
<v Speaker 1>The problem with that is Jackie and Jesse both testified

0:32:12.920 --> 0:32:16.120
<v Speaker 1>that Jeff was allowed to go, but they disagreed about

0:32:16.120 --> 0:32:18.720
<v Speaker 1>whether the family's twenty gage shotgun was in the house,

0:32:19.000 --> 0:32:20.840
<v Speaker 1>which could have been cleared up by Thomas Kebb.

0:32:21.120 --> 0:32:25.200
<v Speaker 2>Thomas Kebb never testifies at the trial. Obviously the defense

0:32:26.000 --> 0:32:28.600
<v Speaker 2>would have wanted to use him because he's saying, no,

0:32:29.000 --> 0:32:31.320
<v Speaker 2>there was no guns in the Pelly home. All the

0:32:31.320 --> 0:32:33.480
<v Speaker 2>guns came to me before the murder, which sort of

0:32:33.520 --> 0:32:36.440
<v Speaker 2>takes away the state's point of there was a shotgun

0:32:36.480 --> 0:32:38.040
<v Speaker 2>hanging on a rack in the bedroom and that's what

0:32:38.120 --> 0:32:39.960
<v Speaker 2>Jeff grabbed and killed his family with. Well, if the

0:32:39.960 --> 0:32:42.840
<v Speaker 2>gun isn't there, then Deff can't do the crime. But

0:32:43.200 --> 0:32:47.680
<v Speaker 2>Thomas Keb was problematic because I pointed out in the

0:32:47.720 --> 0:32:50.440
<v Speaker 2>show that the defense got into why he had the guns.

0:32:50.440 --> 0:32:52.800
<v Speaker 2>They had to go into the point that Jeff had

0:32:52.840 --> 0:32:55.800
<v Speaker 2>threatened to take his own life the year before, and

0:32:55.880 --> 0:32:58.960
<v Speaker 2>I think Jeff's trial attorney saw that as does that

0:32:59.000 --> 0:33:01.040
<v Speaker 2>paint Jeff as a stable.

0:33:00.960 --> 0:33:05.320
<v Speaker 1>But an unarmed Jeff can't shoot his family, unstable or not.

0:33:06.000 --> 0:33:09.080
<v Speaker 1>And to make matters worse, that wasn't his team's only failure.

0:33:09.400 --> 0:33:12.479
<v Speaker 3>The initial claim in the proble cause Affidavid says that

0:33:12.520 --> 0:33:16.240
<v Speaker 3>the blue jeans were washed. The defense attorneys never looked

0:33:16.800 --> 0:33:20.920
<v Speaker 3>inside the brown bag to know that the blue jeans

0:33:21.440 --> 0:33:22.880
<v Speaker 3>themselves were dirty.

0:33:23.280 --> 0:33:27.680
<v Speaker 2>He just accepted the prosecution's established fact that the jeans

0:33:27.720 --> 0:33:28.680
<v Speaker 2>had been washed.

0:33:28.720 --> 0:33:31.720
<v Speaker 1>So the state's misrepresentation that the jeans had been pulled

0:33:31.720 --> 0:33:34.680
<v Speaker 1>from the washing machine went unchallenged, and the jury was

0:33:34.760 --> 0:33:37.760
<v Speaker 1>left with the impression that Jeff covered his tracks by

0:33:37.880 --> 0:33:38.720
<v Speaker 1>washing those Jens.

0:33:38.840 --> 0:33:43.160
<v Speaker 2>What I found absolutely unbelievable is that Craig Whitfield, the

0:33:43.200 --> 0:33:47.320
<v Speaker 2>investigator who took up the case that reinvestigated and ultimately

0:33:47.400 --> 0:33:50.520
<v Speaker 2>submitted the arrest affidavit and arrested Jeff Pelly, was never

0:33:50.560 --> 0:33:53.880
<v Speaker 2>called to testify at his trial. So the absence of

0:33:53.920 --> 0:33:56.600
<v Speaker 2>Craig Whitfield, I think says a lot as far as

0:33:56.640 --> 0:33:59.840
<v Speaker 2>how the prosecution potentially saw downfalls of his work.

0:34:00.080 --> 0:34:02.920
<v Speaker 1>But it appears that the defense may not have prepared

0:34:02.960 --> 0:34:04.680
<v Speaker 1>cross examination anyway.

0:34:05.320 --> 0:34:09.400
<v Speaker 3>The evidence was so weak that I think the defense

0:34:09.440 --> 0:34:12.160
<v Speaker 3>they weren't as prepared as they needed to be to

0:34:12.239 --> 0:34:16.440
<v Speaker 3>attack some of the state's points and totally missed the

0:34:16.480 --> 0:34:19.680
<v Speaker 3>Florida stuff. Totally missed that at the point that the

0:34:19.680 --> 0:34:25.280
<v Speaker 3>families killed is right when the Holy Famili's getting arrested.

0:34:25.480 --> 0:34:27.640
<v Speaker 1>But it's not like the defense didn't try to raise

0:34:27.680 --> 0:34:29.080
<v Speaker 1>the specter of Bob's past.

0:34:29.680 --> 0:34:32.880
<v Speaker 3>So at trial, the defense is trying to go into

0:34:32.920 --> 0:34:37.480
<v Speaker 3>the Florida facts without witnesses that have firsthand knowledge, and

0:34:37.520 --> 0:34:42.000
<v Speaker 3>so the defense attorney says someone saw a limousine with

0:34:42.120 --> 0:34:46.520
<v Speaker 3>Florida plates. The defense attorneys never found the person who

0:34:46.600 --> 0:34:48.799
<v Speaker 3>actually saw the limousine.

0:34:48.640 --> 0:34:52.240
<v Speaker 1>And without a witness with firsthand knowledge, the Florida facts

0:34:52.239 --> 0:34:56.440
<v Speaker 1>were denied. Unfortunately, Tony Bieler's video statement appears to have

0:34:56.480 --> 0:34:58.400
<v Speaker 1>been unavailable as well.

0:34:58.760 --> 0:35:02.200
<v Speaker 3>The defense attorneys testified at the post conviction hearing, had

0:35:02.200 --> 0:35:04.400
<v Speaker 3>they known about that statement, they would have talked to

0:35:04.400 --> 0:35:04.960
<v Speaker 3>that witness.

0:35:05.160 --> 0:35:08.240
<v Speaker 1>So the jury never heard about the danger from Florida.

0:35:08.640 --> 0:35:12.160
<v Speaker 1>But the defense did continue down that alternate suspect road,

0:35:12.440 --> 0:35:16.239
<v Speaker 1>presenting the shotgun wadding evidence suggesting there may have been

0:35:16.320 --> 0:35:17.720
<v Speaker 1>multiple shooters.

0:35:17.520 --> 0:35:19.960
<v Speaker 2>And if there's more than one shooter, that kind of

0:35:20.000 --> 0:35:22.960
<v Speaker 2>takes Jeff off the chessboard, right, because it would just

0:35:22.960 --> 0:35:25.560
<v Speaker 2>be sort of illogical to think that he had a

0:35:25.600 --> 0:35:28.600
<v Speaker 2>co conspirator that's been quiet like all these years. So

0:35:29.080 --> 0:35:32.759
<v Speaker 2>the difference in the wadding types means two types of

0:35:32.760 --> 0:35:35.800
<v Speaker 2>AMMO were used, but same gauge. So either it's two

0:35:35.840 --> 0:35:40.120
<v Speaker 2>different shotguns or one gun is loaded with different types

0:35:40.160 --> 0:35:43.280
<v Speaker 2>of AMMO, same gauge, but you know, just different types

0:35:43.280 --> 0:35:46.759
<v Speaker 2>of AMMO, which like, okay, that's not impossible, but it

0:35:46.800 --> 0:35:47.520
<v Speaker 2>would be odd.

0:35:47.760 --> 0:35:50.800
<v Speaker 1>But again, it's not impossible that one shotgun was loaded

0:35:50.840 --> 0:35:53.520
<v Speaker 1>with the same gauge made by two different manufacturers. So

0:35:53.560 --> 0:35:56.759
<v Speaker 1>the evidence fell flat without the Florida facts. And then

0:35:56.920 --> 0:35:59.760
<v Speaker 1>the defense tried to raise doubt about the state's timeline,

0:36:00.040 --> 0:36:02.440
<v Speaker 1>put on an expert who had done studies on the

0:36:02.560 --> 0:36:06.160
<v Speaker 1>rate at which different materials dry and testified that the

0:36:06.400 --> 0:36:09.160
<v Speaker 1>washcloths which were alleged to have been used by Jeff

0:36:09.200 --> 0:36:12.359
<v Speaker 1>at five PM on the day prior would have been

0:36:12.440 --> 0:36:14.880
<v Speaker 1>drier by the time they were collected as evidence.

0:36:15.200 --> 0:36:18.120
<v Speaker 2>Unfortunately, that really fell flat for the defense because their

0:36:18.239 --> 0:36:20.440
<v Speaker 2>expert that they had hired from out of state was

0:36:20.600 --> 0:36:23.839
<v Speaker 2>just not very thorough with his sort of recreation of

0:36:23.960 --> 0:36:26.319
<v Speaker 2>figuring out what rate they would have dried at and

0:36:26.320 --> 0:36:27.080
<v Speaker 2>that sort of thing.

0:36:27.320 --> 0:36:31.600
<v Speaker 1>Plus, the expert had conducted his experiments in Arizona, a

0:36:31.800 --> 0:36:36.040
<v Speaker 1>totally different and obviously much drier climate than Indiana, which

0:36:36.120 --> 0:36:40.000
<v Speaker 1>made the evidence easy to impeach. The state also played

0:36:40.000 --> 0:36:44.000
<v Speaker 1>the recorded interrogation in which Jeff did not confess, but

0:36:44.120 --> 0:36:47.120
<v Speaker 1>then the state put on the stand the detective who

0:36:47.160 --> 0:36:51.319
<v Speaker 1>had conducted the second unrecorded interview, who testified that Jeff

0:36:51.360 --> 0:36:53.680
<v Speaker 1>had allegedly said, if I tell you what I know,

0:36:54.120 --> 0:36:57.520
<v Speaker 1>will I get the death penalty? And then the defense

0:36:57.719 --> 0:37:00.600
<v Speaker 1>didn't raise the context of that response and what it

0:37:00.640 --> 0:37:04.360
<v Speaker 1>could have meant about the Herzogs that, along with Tony Bieler,

0:37:04.600 --> 0:37:08.920
<v Speaker 1>the Florida facts, photos of Jeff's unbruised chest, as well

0:37:08.960 --> 0:37:11.840
<v Speaker 1>as the truth about the blue jeans, well, they simply

0:37:11.880 --> 0:37:13.919
<v Speaker 1>were not available to the jury.

0:37:13.840 --> 0:37:16.200
<v Speaker 2>And deliberations, and they're saying, hey, we need more on this.

0:37:16.239 --> 0:37:17.200
<v Speaker 2>We'd like to hear one of those.

0:37:17.480 --> 0:37:22.680
<v Speaker 4>It's the blue jeans and some curiosity about Florida and

0:37:22.719 --> 0:37:26.480
<v Speaker 4>Bob Pelly's past, which is super interesting that the jurors

0:37:26.480 --> 0:37:28.120
<v Speaker 4>at trial are.

0:37:28.120 --> 0:37:31.759
<v Speaker 2>Like, well, that seems like there's something there. Can we

0:37:31.800 --> 0:37:34.120
<v Speaker 2>know more? Can we hear a witness or whatever, and

0:37:34.200 --> 0:37:49.560
<v Speaker 2>of course, you know, it just that never happens. After

0:37:49.640 --> 0:37:52.920
<v Speaker 2>she was interviewed as an adult Jesse, she began to

0:37:52.960 --> 0:37:57.160
<v Speaker 2>look back on her experiences and memories about Jeff and

0:37:57.600 --> 0:38:01.640
<v Speaker 2>began to have serious doubts about whether or not someone

0:38:01.640 --> 0:38:04.000
<v Speaker 2>else committed the crime. And he did. And so by

0:38:04.000 --> 0:38:06.640
<v Speaker 2>the time she is that trial, you know, she was

0:38:06.760 --> 0:38:10.640
<v Speaker 2>very convinced that Jeff had committed the crime and that

0:38:10.680 --> 0:38:13.440
<v Speaker 2>he was trying to continue to get away with it,

0:38:13.520 --> 0:38:16.120
<v Speaker 2>so to speak. She was pleased by the verdict and

0:38:16.200 --> 0:38:19.000
<v Speaker 2>there was some closure, but you know, it was never

0:38:19.040 --> 0:38:22.239
<v Speaker 2>one hundred percent closure for her because she genuinely just

0:38:22.360 --> 0:38:24.239
<v Speaker 2>missed her sisters and her mother and she felt so

0:38:24.320 --> 0:38:27.200
<v Speaker 2>much had been taken from her. I know, for Jackie,

0:38:27.400 --> 0:38:31.160
<v Speaker 2>she never thought that Jeff did it. She had no

0:38:31.239 --> 0:38:34.480
<v Speaker 2>reason to think that he did. At his arrest and

0:38:34.560 --> 0:38:37.840
<v Speaker 2>at his eventual trial, she was one hundred percent supportive

0:38:38.000 --> 0:38:41.080
<v Speaker 2>of her brother. She thought he did not do this

0:38:41.320 --> 0:38:43.400
<v Speaker 2>and that he should not have been convicted for it.

0:38:43.800 --> 0:38:46.479
<v Speaker 2>She was obviously upset with the verdict, but she's also

0:38:46.520 --> 0:38:49.040
<v Speaker 2>a very determined individual. So really, from the moment it

0:38:49.080 --> 0:38:52.000
<v Speaker 2>was read, it was like, Okay, what's next. What's the

0:38:52.000 --> 0:38:53.960
<v Speaker 2>next phase, what's the next fight? When are we getting

0:38:53.960 --> 0:38:55.000
<v Speaker 2>back in court?

0:38:55.320 --> 0:38:58.200
<v Speaker 1>If you recall, it took about three years to take

0:38:58.239 --> 0:39:01.479
<v Speaker 1>him to trial once he was finally arrested, thirteen long

0:39:01.560 --> 0:39:05.080
<v Speaker 1>years after the crime. So his direct appeal attorney argued

0:39:05.080 --> 0:39:07.600
<v Speaker 1>that a number of issues that caused that delay had

0:39:07.680 --> 0:39:11.200
<v Speaker 1>violated Jeff's right to a speedy trial, which was then

0:39:11.480 --> 0:39:13.080
<v Speaker 1>ultimately prejudicial.

0:39:13.760 --> 0:39:17.200
<v Speaker 3>The Indiana Court of Appeals reversed the four murder convictions

0:39:17.239 --> 0:39:19.759
<v Speaker 3>and said that there was a speedy trial violation, the

0:39:19.800 --> 0:39:23.080
<v Speaker 3>state had wasted too much time, And the Indiana Supreme

0:39:23.160 --> 0:39:27.279
<v Speaker 3>Court put those four murder convictions back and said that

0:39:27.320 --> 0:39:30.160
<v Speaker 3>there was no a speedy trial violation.

0:39:30.200 --> 0:39:33.200
<v Speaker 1>So his sentence of one hundred and sixty years remained.

0:39:33.600 --> 0:39:37.080
<v Speaker 3>Then, after that decision, I agreed to represent him in

0:39:37.120 --> 0:39:40.560
<v Speaker 3>the post conviction action, where, for example, you allege an

0:39:40.560 --> 0:39:45.560
<v Speaker 3>effective assistants, a council, and constitutional speedy trial violations. Let

0:39:45.600 --> 0:39:49.279
<v Speaker 3>me say this to you that no one, not the

0:39:49.320 --> 0:39:53.960
<v Speaker 3>defense team and not the Saint Joseph County prosecutor, according

0:39:54.000 --> 0:39:57.640
<v Speaker 3>to the evidence, had the FBI file. I got the

0:39:57.719 --> 0:40:00.799
<v Speaker 3>FBI file because there's no way I believe you could

0:40:00.920 --> 0:40:04.480
<v Speaker 3>wash a pair of blue jeans sufficient to remove every

0:40:04.600 --> 0:40:08.680
<v Speaker 3>piece of blood, but leave thirty four coins in the pocket.

0:40:09.040 --> 0:40:10.960
<v Speaker 3>There's no way I'm going to believe that. Look at

0:40:10.960 --> 0:40:13.680
<v Speaker 3>the coins, they're dirty. Look at the jeans, they're dirty.

0:40:14.160 --> 0:40:17.319
<v Speaker 3>The FBI said they were dirty. So I start from

0:40:17.320 --> 0:40:19.200
<v Speaker 3>the premise this is not right.

0:40:19.880 --> 0:40:22.600
<v Speaker 1>Frand made it clear that the defense completely neglected to

0:40:22.680 --> 0:40:25.080
<v Speaker 1>explore how the blue jeans had not been retrieved from

0:40:25.120 --> 0:40:28.080
<v Speaker 1>the washing machine or how they were falsely represented as

0:40:28.160 --> 0:40:31.440
<v Speaker 1>evidence of guilt. Then the defense neglected to show how

0:40:31.480 --> 0:40:34.319
<v Speaker 1>photographs and a lack of bruising showed that Jeff had

0:40:34.320 --> 0:40:37.759
<v Speaker 1>not likely fired a twenty gage shotgun. Plus there was

0:40:37.800 --> 0:40:39.560
<v Speaker 1>the failure on the Florida facts.

0:40:39.840 --> 0:40:41.960
<v Speaker 2>There were ways he could have gotten it in at trial,

0:40:42.480 --> 0:40:44.720
<v Speaker 2>even the judge threw him a bone, so to speak,

0:40:44.719 --> 0:40:48.120
<v Speaker 2>at times in sidebar conversations like well, you need to

0:40:48.160 --> 0:40:49.680
<v Speaker 2>do X, Y and Z. If you want to get

0:40:49.680 --> 0:40:51.480
<v Speaker 2>this in this way, you gotta do this. You got

0:40:51.520 --> 0:40:53.480
<v Speaker 2>to give me something to get these facts in that

0:40:53.520 --> 0:40:55.840
<v Speaker 2>you want to argue about Florida and Bopelly in an

0:40:55.880 --> 0:40:59.759
<v Speaker 2>ultimate suspect that didn't happen is also those that knew

0:40:59.800 --> 0:41:03.359
<v Speaker 2>his attorney and had hired him for Jeff said, he's

0:41:03.400 --> 0:41:06.120
<v Speaker 2>out in California, He's doing his thing. He's not as

0:41:06.120 --> 0:41:09.120
<v Speaker 2>engaged with the trial. He's doing other trials like those

0:41:09.120 --> 0:41:11.640
<v Speaker 2>sorts of allegations. And I think that his attorney has

0:41:11.680 --> 0:41:13.960
<v Speaker 2>even come bored and said, yeah, could I have done

0:41:14.000 --> 0:41:17.440
<v Speaker 2>a better job on all fronts? Absolutely, I did what

0:41:17.520 --> 0:41:19.400
<v Speaker 2>I thought was best at the time. But now that

0:41:19.520 --> 0:41:22.279
<v Speaker 2>I am being told and shown all these things, I

0:41:22.400 --> 0:41:26.960
<v Speaker 2>agree an IAC complaint is completely valid and let's go,

0:41:27.239 --> 0:41:28.799
<v Speaker 2>which is I think kind of rare.

0:41:29.000 --> 0:41:32.200
<v Speaker 1>So they filed the post conviction motion raising ineffective assistance

0:41:32.239 --> 0:41:35.240
<v Speaker 1>of counsel and speedy trial violations, and they were granted

0:41:35.239 --> 0:41:38.040
<v Speaker 1>a hearing in twenty twenty two in which they presented

0:41:38.080 --> 0:41:41.680
<v Speaker 1>evidence of those claims, along with other evidence supporting his innocence,

0:41:42.080 --> 0:41:43.400
<v Speaker 1>including Tony Bieler.

0:41:44.200 --> 0:41:48.200
<v Speaker 3>So, she testified at the post conviction hearing that conversation

0:41:48.360 --> 0:41:51.400
<v Speaker 3>with mister Pelly was in the weeks before the family

0:41:51.520 --> 0:41:55.000
<v Speaker 3>was murdered, and she didn't come forward in eighty nine.

0:41:55.040 --> 0:41:58.160
<v Speaker 3>She was afraid, and she testified about that conversation with

0:41:58.239 --> 0:42:00.960
<v Speaker 3>mister Pelly. And if you look, the state didn't ask

0:42:01.000 --> 0:42:03.800
<v Speaker 3>her one cross question. We called a lot of witnesses

0:42:03.840 --> 0:42:07.200
<v Speaker 3>about the actual Florida facts. We believe that the jury

0:42:07.239 --> 0:42:12.279
<v Speaker 3>should have heard from the mouths of witnesses, including Detective Kopinski,

0:42:12.920 --> 0:42:17.000
<v Speaker 3>who believed that the Hawleys had murdered their business partner.

0:42:17.239 --> 0:42:19.239
<v Speaker 3>So we put in lots of evidence about what was

0:42:19.320 --> 0:42:23.000
<v Speaker 3>going on in Florida that would have caused mister Hawley

0:42:23.239 --> 0:42:27.720
<v Speaker 3>to want to foreclose any witnesses from coming forward. And look,

0:42:27.800 --> 0:42:30.920
<v Speaker 3>if you're a father and you've incloves your sons in

0:42:31.000 --> 0:42:35.160
<v Speaker 3>a business enterprise that's criminal, and you've ratcheted up to murder,

0:42:35.680 --> 0:42:37.960
<v Speaker 3>I imagine you'd do a lot to protect your.

0:42:37.840 --> 0:42:41.080
<v Speaker 1>Sons, laying the groundwork for the danger from Florida and

0:42:41.120 --> 0:42:44.200
<v Speaker 1>a potential professional hit. They also hired a cold case

0:42:44.239 --> 0:42:47.040
<v Speaker 1>investigator to take a fresh look at the crime scene evidence.

0:42:47.520 --> 0:42:52.920
<v Speaker 3>We presented an expert, mister Sopoli. He testified about the

0:42:53.040 --> 0:42:57.280
<v Speaker 3>lack of proper investigation and how the state's theory wasn't

0:42:57.320 --> 0:42:59.960
<v Speaker 3>consistent with the forensics. I mean, there's a lot of

0:43:00.239 --> 0:43:03.680
<v Speaker 3>the crime scene, as our expert witness to Poli testified,

0:43:04.080 --> 0:43:07.719
<v Speaker 3>that would cause one to question whether it was the

0:43:07.760 --> 0:43:10.120
<v Speaker 3>actions of a seventeen year old on his way to

0:43:10.160 --> 0:43:10.960
<v Speaker 3>the prom.

0:43:11.200 --> 0:43:14.560
<v Speaker 1>Or where mister Sopoli lands that this crime was so

0:43:14.760 --> 0:43:18.040
<v Speaker 1>clean that it likely was a professional hit.

0:43:18.640 --> 0:43:21.399
<v Speaker 3>So Poli says, they took big trash bags and they

0:43:21.520 --> 0:43:24.000
<v Speaker 3>just step in him to take their clothes off. That's

0:43:24.000 --> 0:43:27.680
<v Speaker 3>how professionals do it. But we tried the case and

0:43:27.719 --> 0:43:30.839
<v Speaker 3>then it took the judge well over a year to rule,

0:43:30.920 --> 0:43:34.000
<v Speaker 3>and the judge ruled on the anniversary of the murders,

0:43:34.440 --> 0:43:38.520
<v Speaker 3>which felt harsh. Jeff suffers the deaths of his family,

0:43:38.800 --> 0:43:43.399
<v Speaker 3>he mourns them. So we lost, and now we take

0:43:43.520 --> 0:43:47.160
<v Speaker 3>an appeal of the denial of state post conviction relief,

0:43:47.719 --> 0:43:50.680
<v Speaker 3>which if we lose, will be a prelude to federal

0:43:50.719 --> 0:43:54.040
<v Speaker 3>habeas and our hope is that the courts will see

0:43:54.040 --> 0:43:57.239
<v Speaker 3>that the constitutional speedy trial rights and the right to

0:43:57.280 --> 0:44:00.960
<v Speaker 3>the sixth Amendment effective assistance of council we're violated.

0:44:01.200 --> 0:44:03.520
<v Speaker 1>In the meantime, we'll link ways to reach Jeff's legal

0:44:03.560 --> 0:44:06.520
<v Speaker 1>team in the episode description, So if anyone has information

0:44:06.560 --> 0:44:10.440
<v Speaker 1>about this case, please reach out. You just might be

0:44:10.560 --> 0:44:12.880
<v Speaker 1>the person that could make a difference here. So with

0:44:13.040 --> 0:44:14.840
<v Speaker 1>that and with a heavy heart, we're going to go

0:44:14.920 --> 0:44:17.360
<v Speaker 1>to closing arguments, where I thank you both for helping

0:44:17.440 --> 0:44:20.319
<v Speaker 1>us tell this harrowing story. And now I'm just going

0:44:20.360 --> 0:44:22.480
<v Speaker 1>to kick back in my chair and close my eyes

0:44:22.520 --> 0:44:26.080
<v Speaker 1>and listen to any closing thoughts you may have. We'll

0:44:26.080 --> 0:44:28.880
<v Speaker 1>start with Delia and then close it out with fran.

0:44:29.520 --> 0:44:31.400
<v Speaker 2>I've really landed, based on what I know and what

0:44:31.440 --> 0:44:35.040
<v Speaker 2>I've learned, if Jeff Pelly committed this crime, which is

0:44:35.040 --> 0:44:37.360
<v Speaker 2>a huge if based on what we know now, but

0:44:37.520 --> 0:44:40.239
<v Speaker 2>even if you look at that scenario, he did not

0:44:40.520 --> 0:44:42.919
<v Speaker 2>do it in any of the ways that the state

0:44:42.960 --> 0:44:46.959
<v Speaker 2>and investigators came to conclude that he did. It does

0:44:47.000 --> 0:44:50.160
<v Speaker 2>not hold up against what we know about the physical evidence,

0:44:50.200 --> 0:44:53.960
<v Speaker 2>and even with some of the circumstantial testimony, And so

0:44:54.719 --> 0:44:57.360
<v Speaker 2>then you really have to really switch gears and be

0:44:57.440 --> 0:45:01.120
<v Speaker 2>open to the possibility of Okay, let's take him off

0:45:01.120 --> 0:45:03.600
<v Speaker 2>the board. Now what do we look at? And in

0:45:03.680 --> 0:45:07.239
<v Speaker 2>most criminal cases, you would say, here, here, that's kind

0:45:07.280 --> 0:45:10.239
<v Speaker 2>of thin, that's hard. But in this case, there are

0:45:10.520 --> 0:45:17.360
<v Speaker 2>so many credible and legitimate pursuits of investigation that show

0:45:17.400 --> 0:45:22.520
<v Speaker 2>that other individuals or another individual could have committed this crime.

0:45:23.120 --> 0:45:26.239
<v Speaker 3>I would close by saying thanks for your interests, thanks

0:45:26.719 --> 0:45:29.480
<v Speaker 3>for the willingness to look at the facts without a

0:45:29.520 --> 0:45:33.799
<v Speaker 3>bias and with some neutrality. I think this is a

0:45:33.840 --> 0:45:38.760
<v Speaker 3>case of injustice in which the state pursued the charges

0:45:38.800 --> 0:45:44.080
<v Speaker 3>against Jeff without evidence that was truthful in terms of

0:45:44.120 --> 0:45:48.040
<v Speaker 3>the Blue Jeans and in terms of the allegations even

0:45:48.040 --> 0:45:52.759
<v Speaker 3>about the twenty gage. So I appreciate your audience and

0:45:53.320 --> 0:45:56.640
<v Speaker 3>their interest, and again, as you said, if there's information

0:45:56.719 --> 0:45:59.960
<v Speaker 3>out there that would help Jeff, I more than one

0:46:00.200 --> 0:46:06.240
<v Speaker 3>to know that the Pelly family cares that people believe

0:46:06.280 --> 0:46:10.279
<v Speaker 3>in his innocence, because that can be sustaining when you

0:46:10.360 --> 0:46:14.240
<v Speaker 3>have these court battles, and in all of these cases,

0:46:14.280 --> 0:46:18.000
<v Speaker 3>when we incarcerate the innocent, we let the bad guy

0:46:18.080 --> 0:46:25.400
<v Speaker 3>go free. Nobody wants that.

0:46:27.120 --> 0:46:29.720
<v Speaker 1>Thank you for listening to Wrongful Conviction. You can listen

0:46:29.760 --> 0:46:32.160
<v Speaker 1>to this and all the Lava for Good podcasts one

0:46:32.200 --> 0:46:35.160
<v Speaker 1>week early and ad free by subscribing to Lava for

0:46:35.239 --> 0:46:38.040
<v Speaker 1>Good Plus on Apple Podcasts. I want to thank our

0:46:38.080 --> 0:46:41.200
<v Speaker 1>production team, Connor Hall and Kathleen Fink, as well as

0:46:41.239 --> 0:46:45.040
<v Speaker 1>my fellow executive producers Jeff Kempler, Kevin Wartis, and Jeff Cliber.

0:46:45.160 --> 0:46:47.239
<v Speaker 1>The music in this production was supplied by three time

0:46:47.320 --> 0:46:50.400
<v Speaker 1>OSCAR nominated composer Jay Ralph. Be sure to follow us

0:46:50.400 --> 0:46:53.480
<v Speaker 1>across all social media platforms at Lava for Good and

0:46:53.520 --> 0:46:56.520
<v Speaker 1>at Wrongful Conviction. You can also follow me on Instagram

0:46:56.520 --> 0:46:59.360
<v Speaker 1>at it's Jason Flamm. Wrongful Conviction is a production of

0:46:59.440 --> 0:47:03.080
<v Speaker 1>Lava for Good Podcasts and association with Signal Company Number One.

0:47:03.239 --> 0:47:05.640
<v Speaker 1>We have worked hard to ensure that all facts reported

0:47:05.680 --> 0:47:08.480
<v Speaker 1>in this show are accurate. The views and opinions expressed

0:47:08.480 --> 0:47:10.839
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0:47:10.920 --> 0:47:13.400
<v Speaker 1>and do not necessarily reflect those of Love of for

0:47:13.480 --> 0:47:13.760
<v Speaker 1>Good