WEBVTT - The Confession

0:00:02.600 --> 0:00:05.960
<v Speaker 1>Just before nine o'clock last night, the jury returned guilty

0:00:06.080 --> 0:00:08.360
<v Speaker 1>verdicts against all three defendants.

0:00:08.400 --> 0:00:11.040
<v Speaker 2>It was absolutely shambles, to tell you the truth, just

0:00:11.119 --> 0:00:13.920
<v Speaker 2>actually really patent blood on his clothing the day after

0:00:14.080 --> 0:00:15.920
<v Speaker 2>the alleged a toime on a shallow mud bank and

0:00:16.000 --> 0:00:16.840
<v Speaker 2>it fits Roy River.

0:00:16.960 --> 0:00:17.440
<v Speaker 1>Basically.

0:00:17.480 --> 0:00:19.119
<v Speaker 3>I think most of the people are used to me,

0:00:19.239 --> 0:00:20.480
<v Speaker 3>there are good people.

0:00:20.520 --> 0:00:23.160
<v Speaker 4>I think a really important question we need to ask

0:00:23.400 --> 0:00:26.239
<v Speaker 4>is how many Indigenous prisoners in Australia are innocent.

0:00:27.160 --> 0:00:29.800
<v Speaker 5>This is Curtain, a podcast where we pull back the

0:00:29.800 --> 0:00:32.320
<v Speaker 5>blinds to shine a light on the darkest parts of

0:00:32.360 --> 0:00:35.320
<v Speaker 5>our justice system and ask who are the victims.

0:00:35.960 --> 0:00:38.000
<v Speaker 2>I'm Amy Maguire.

0:00:38.360 --> 0:00:41.560
<v Speaker 1>And Don Martin Hodgson, a senior advocate for the Foreign

0:00:41.640 --> 0:00:42.960
<v Speaker 1>Prisoner Support Service.

0:00:43.800 --> 0:00:47.720
<v Speaker 4>Our producer is Paul Watts. Music by Clint Curtis and

0:00:47.840 --> 0:00:52.680
<v Speaker 4>produced in collaboration with the Brisbane Indigenous Media Association and

0:00:52.800 --> 0:00:57.120
<v Speaker 4>a warning. This series contains the names of deceased peoples

0:00:57.160 --> 0:01:00.880
<v Speaker 4>and has distressing content that might upset come with nerve.

0:01:01.840 --> 0:01:04.000
<v Speaker 1>Over the past two weeks, we've told you a little

0:01:04.000 --> 0:01:07.640
<v Speaker 1>bit about the strange circumstances surrounding the murder of an

0:01:07.680 --> 0:01:11.399
<v Speaker 1>Aboriginal woman named Linda, found on the banks of the

0:01:11.440 --> 0:01:15.640
<v Speaker 1>Fitzroy River in nineteen ninety one. We told you how

0:01:15.640 --> 0:01:19.120
<v Speaker 1>we became interested in this case. We began to have

0:01:19.280 --> 0:01:21.839
<v Speaker 1>doubts about the guilt of the man who was convicted

0:01:21.880 --> 0:01:25.080
<v Speaker 1>of rape and murder over Linda's death the following year.

0:01:25.920 --> 0:01:29.880
<v Speaker 5>That man's name is Kevin Henry, and they also call

0:01:30.000 --> 0:01:33.760
<v Speaker 5>him Curdin last week, we told you a bit about

0:01:33.840 --> 0:01:37.240
<v Speaker 5>Linda's last hours, the events that led to the savage

0:01:37.240 --> 0:01:40.559
<v Speaker 5>assault inflicted on her body by three women who would

0:01:40.600 --> 0:01:44.840
<v Speaker 5>later be convicted of grievous bodily harm. But at this point,

0:01:45.000 --> 0:01:46.959
<v Speaker 5>if you were just joining us, we ask you to

0:01:47.000 --> 0:01:51.400
<v Speaker 5>go back and listen to the two previous episodes. There's

0:01:51.440 --> 0:01:53.800
<v Speaker 5>a lot of information in those episodes that you might

0:01:53.840 --> 0:01:56.760
<v Speaker 5>need to know in order to understand this one.

0:01:57.080 --> 0:01:59.800
<v Speaker 1>Now. We have told you previously that there was no

0:02:00.560 --> 0:02:04.040
<v Speaker 1>linking Kevin to Linda's death. We also told you we

0:02:04.120 --> 0:02:06.400
<v Speaker 1>had doubts that it was possible for him to have

0:02:06.480 --> 0:02:09.880
<v Speaker 1>put her body in the river where her official cause

0:02:09.919 --> 0:02:13.560
<v Speaker 1>of death was drowning. With this in mind, we also

0:02:13.680 --> 0:02:16.200
<v Speaker 1>told you that there was one thing that implicated Kevin

0:02:16.240 --> 0:02:20.680
<v Speaker 1>in Linda's death. That was his confession. Kevin's been in

0:02:20.760 --> 0:02:24.120
<v Speaker 1>jail for twenty five years already because of this confession.

0:02:24.720 --> 0:02:28.280
<v Speaker 1>There's no other evidence linking him to Linda's death. In

0:02:28.320 --> 0:02:31.600
<v Speaker 1>this episode, you're going to hear the details of that confession,

0:02:32.480 --> 0:02:35.160
<v Speaker 1>but first we want to tell you a few details,

0:02:35.760 --> 0:02:38.440
<v Speaker 1>details that you may not know. Now.

0:02:38.440 --> 0:02:40.960
<v Speaker 5>When I hear someone has confessed to a crime, I

0:02:40.960 --> 0:02:44.240
<v Speaker 5>don't know about you, but I immediately think it is incriminating.

0:02:45.440 --> 0:02:47.920
<v Speaker 5>When I heard Kevin had given a confession to police,

0:02:47.960 --> 0:02:50.720
<v Speaker 5>I couldn't help but have this reaction. You know this

0:02:50.800 --> 0:02:54.359
<v Speaker 5>is going to be very bad for Kevin. I immediately think, well,

0:02:54.480 --> 0:02:56.680
<v Speaker 5>there is no way someone would confess to a crime

0:02:56.720 --> 0:02:59.120
<v Speaker 5>if they didn't do it, what would be the point.

0:03:00.080 --> 0:03:04.040
<v Speaker 5>But why did I immediately jump to this conclusion. In Australia,

0:03:04.120 --> 0:03:08.000
<v Speaker 5>wrongful convictions are rare. We do have high profile cases

0:03:08.080 --> 0:03:11.240
<v Speaker 5>like Andrew Mullard in Perth and also obviously the case

0:03:11.240 --> 0:03:14.720
<v Speaker 5>of Lindy Chamberlain. So because this is rare in our

0:03:14.720 --> 0:03:18.400
<v Speaker 5>own country, there's very limited research about wrongful convictions and

0:03:18.400 --> 0:03:21.679
<v Speaker 5>what actually leads to innocent people being locked up. It's

0:03:21.680 --> 0:03:23.919
<v Speaker 5>been found that one in four people in America who

0:03:23.919 --> 0:03:27.760
<v Speaker 5>have been exonerated by DNA evidence actually gave a false confession.

0:03:28.080 --> 0:03:31.279
<v Speaker 5>So it's obvious that false confessions are very common overseas.

0:03:31.720 --> 0:03:34.600
<v Speaker 5>You have to think maybe they happen just as often

0:03:34.840 --> 0:03:36.480
<v Speaker 5>over here in Australia as well.

0:03:36.960 --> 0:03:40.000
<v Speaker 1>As a legal advocate, I have a very different reaction

0:03:40.120 --> 0:03:42.920
<v Speaker 1>when I hear the word confession. I've been working with

0:03:43.040 --> 0:03:47.240
<v Speaker 1>clients have been wrongfully convicted in the US, the Middle East,

0:03:47.560 --> 0:03:51.640
<v Speaker 1>and Europe through prison and justice systems for a long time.

0:03:51.680 --> 0:03:55.120
<v Speaker 1>Now I know the signs, what to look for and

0:03:55.200 --> 0:03:58.440
<v Speaker 1>when someone is giving a false confession. I know this

0:03:58.560 --> 0:04:01.560
<v Speaker 1>because of the research that's already being done based on

0:04:01.640 --> 0:04:05.840
<v Speaker 1>actual cases where US prisoners have been forced to confess.

0:04:06.680 --> 0:04:09.400
<v Speaker 1>One of the leading experts in the United States on

0:04:09.480 --> 0:04:14.040
<v Speaker 1>wrongful convictions is Brandon L. Garrett. He's a Distinguished Professor

0:04:14.040 --> 0:04:17.560
<v Speaker 1>of Law at the University of Virginia. He looked into

0:04:17.600 --> 0:04:21.840
<v Speaker 1>cases where innocent people have been exonerated by DNA on

0:04:21.920 --> 0:04:28.159
<v Speaker 1>forensics and eyewitnesses, but critically on false confessions. He's even

0:04:28.200 --> 0:04:31.760
<v Speaker 1>written a book about it. It's called Convicting the Innocent,

0:04:32.520 --> 0:04:37.840
<v Speaker 1>Where criminal Prosecutions Go Wrong. While we were researching Kevin's case,

0:04:38.200 --> 0:04:42.640
<v Speaker 1>we contacted Professor Garrett. Professor Garrett responded and gave us

0:04:42.680 --> 0:04:47.359
<v Speaker 1>an example of what he calls confession contamination, using the

0:04:47.400 --> 0:04:51.360
<v Speaker 1>case of Frank Stirling when nineteen ninety one, the same

0:04:51.440 --> 0:04:55.559
<v Speaker 1>year Linda died confess to the killing of an elderly woman.

0:04:56.440 --> 0:04:59.120
<v Speaker 6>In nineteen ninety one, Frank Sterling confessed to the nineteen

0:04:59.160 --> 0:05:03.400
<v Speaker 6>eighty eight killing of an elderly woman. Sterling waived his

0:05:03.480 --> 0:05:05.719
<v Speaker 6>Miranda rights and was interrogated without a.

0:05:05.760 --> 0:05:07.000
<v Speaker 1>Lawyer for twelve hours.

0:05:07.400 --> 0:05:10.719
<v Speaker 6>Only twenty minutes at the end of the interrogation was videotaped,

0:05:10.960 --> 0:05:14.200
<v Speaker 6>and it shows him confessing in apparent detail, giving key

0:05:14.279 --> 0:05:17.360
<v Speaker 6>facts in the case, the location of the murder, the

0:05:17.400 --> 0:05:20.560
<v Speaker 6>color of the victim's jacket and clothing, and the use

0:05:20.600 --> 0:05:24.400
<v Speaker 6>of a bb gun. DNA evidence proved that Frank Sterling

0:05:24.440 --> 0:05:27.839
<v Speaker 6>was innocent and indicated the guilt of another man. Frank

0:05:27.880 --> 0:05:31.320
<v Speaker 6>Sterling served almost nineteen years for a crime he didn't commit.

0:05:31.760 --> 0:05:34.440
<v Speaker 6>Sterling has explained how he was worn down during the

0:05:34.480 --> 0:05:37.760
<v Speaker 6>interrogation and ultimately decided to repeat the account that the

0:05:37.760 --> 0:05:41.240
<v Speaker 6>police gave him. In sixteen percent of the first two

0:05:41.320 --> 0:05:45.400
<v Speaker 6>hundred and fifty DNA exonerations, innocent defendants falsely confessed.

0:05:46.120 --> 0:05:47.640
<v Speaker 1>Frank Sterling was not alone.

0:05:47.800 --> 0:05:51.719
<v Speaker 6>All but two of forty DNAs honorees who falsely confessed

0:05:52.040 --> 0:05:56.479
<v Speaker 6>were said to have confessed in detail. Their confessions were contaminated.

0:05:57.040 --> 0:06:01.440
<v Speaker 6>Confession contamination means that non public feed as specific facts

0:06:01.480 --> 0:06:04.240
<v Speaker 6>about how the crime was committed. I disclosed to a

0:06:04.320 --> 0:06:06.159
<v Speaker 6>suspect during an interrogation.

0:06:07.279 --> 0:06:10.559
<v Speaker 5>Now keep Frank's case in mind, because we have gone

0:06:10.600 --> 0:06:13.839
<v Speaker 5>through Kevin's confession and we think there are some startling

0:06:13.880 --> 0:06:17.680
<v Speaker 5>conclusions that can be drawn. But first of all, let's

0:06:17.680 --> 0:06:19.839
<v Speaker 5>take you back to the day Kevin would have confessed.

0:06:22.640 --> 0:06:24.640
<v Speaker 2>It was the afternoon of the fifth.

0:06:24.360 --> 0:06:28.320
<v Speaker 5>Of September ninety ninety one. Now, remember Linda's body was

0:06:28.320 --> 0:06:31.000
<v Speaker 5>found on the first of September, and she died the

0:06:31.080 --> 0:06:33.960
<v Speaker 5>night before on the thirty first of August, so this

0:06:34.120 --> 0:06:36.279
<v Speaker 5>was all in the same week. In fact, it was

0:06:36.320 --> 0:06:38.360
<v Speaker 5>only four days after Linda was found.

0:06:40.040 --> 0:06:43.279
<v Speaker 1>Now, Kevin had already been thrown in the watchhouse before

0:06:44.040 --> 0:06:48.240
<v Speaker 1>picked up the next day on the first for public drunkenness.

0:06:49.320 --> 0:06:52.320
<v Speaker 1>On the fifth, he was walking along the rock Hampden

0:06:52.360 --> 0:06:55.720
<v Speaker 1>Street with a friend. He was again picked up by

0:06:55.760 --> 0:06:59.880
<v Speaker 1>the police, but this time he wasn't drunk. The police

0:07:00.040 --> 0:07:03.160
<v Speaker 1>officers had obviously picked him up for some other reason.

0:07:04.520 --> 0:07:05.120
<v Speaker 2>Now it was.

0:07:05.080 --> 0:07:07.640
<v Speaker 5>Two twenty one PM by this point, and Kevin was

0:07:07.720 --> 0:07:11.800
<v Speaker 5>seated in a room at Rockampden Police Station. In attendance

0:07:11.840 --> 0:07:16.000
<v Speaker 5>were the two arresting officers, Senior Constable Leslie Girk and

0:07:16.120 --> 0:07:20.720
<v Speaker 5>Senior Constable Robert Hunt. Now, Hunt was listening while Girk

0:07:20.800 --> 0:07:24.200
<v Speaker 5>was leading the interview. We don't have the recording of

0:07:24.240 --> 0:07:27.320
<v Speaker 5>that confession, but we do have the transcript, and for

0:07:27.400 --> 0:07:30.280
<v Speaker 5>the purposes of this podcast, we're as citing the transcript

0:07:30.360 --> 0:07:33.160
<v Speaker 5>to make it easier to understand. Martin will play the

0:07:33.240 --> 0:07:36.160
<v Speaker 5>voice of Senior Constable Girk, and I'll occasionally read out

0:07:36.160 --> 0:07:39.080
<v Speaker 5>the lines of Senior Constable Hunt. We have also enlisted

0:07:39.080 --> 0:07:42.840
<v Speaker 5>the help of Elijah Blair, a young Aboriginal radio announcer

0:07:42.880 --> 0:07:45.880
<v Speaker 5>based at the Murray Radio station for US in Rockhampton,

0:07:46.400 --> 0:07:48.360
<v Speaker 5>to play the part of the twenty two year old

0:07:48.440 --> 0:07:49.160
<v Speaker 5>Kevin Henry.

0:07:49.600 --> 0:07:52.520
<v Speaker 1>Now, Kevin's confession was two and a half hours long.

0:07:52.840 --> 0:07:55.600
<v Speaker 1>We can't read out the whole thing, but we've picked

0:07:55.600 --> 0:07:59.120
<v Speaker 1>out the excerpts we can play on air. Now, Kevin

0:07:59.120 --> 0:08:02.280
<v Speaker 1>had already given us statement to police. He'd given it

0:08:02.280 --> 0:08:05.320
<v Speaker 1>to them on the Monday, they set him down and

0:08:05.400 --> 0:08:09.040
<v Speaker 1>read it out again. That statement details the assault on

0:08:09.120 --> 0:08:13.320
<v Speaker 1>Linda with a great level of accuracy. We know this

0:08:13.640 --> 0:08:16.840
<v Speaker 1>because it's corroborated by other witness's statements on the night

0:08:17.520 --> 0:08:20.040
<v Speaker 1>and by the forensic examination of her body.

0:08:20.800 --> 0:08:24.320
<v Speaker 5>In that original statement, Kevin claims that after Linda was assaulted,

0:08:24.680 --> 0:08:27.280
<v Speaker 5>he went to the Crown Hotel with the others at Tanuba,

0:08:27.440 --> 0:08:30.520
<v Speaker 5>where they all put in for alcohol purchased by Susan Aubrey,

0:08:30.920 --> 0:08:33.280
<v Speaker 5>before going back to Tanuba a half an hour later.

0:08:33.920 --> 0:08:37.560
<v Speaker 5>It was there that Linda was gone. Now we're going

0:08:37.559 --> 0:08:39.640
<v Speaker 5>to read out Kevin's interview to police on the fifth

0:08:39.679 --> 0:08:42.800
<v Speaker 5>of September nineteen ninety one, which would end up implicating

0:08:42.880 --> 0:08:45.960
<v Speaker 5>him in Linda's death. It starts with the police asking

0:08:46.040 --> 0:08:48.719
<v Speaker 5>Kevin if there is anything he wanted to change.

0:08:48.840 --> 0:08:49.120
<v Speaker 2>Again.

0:08:49.200 --> 0:08:52.400
<v Speaker 5>Here is Martin as Senior Constable, Leslie Girk and Elijah

0:08:52.440 --> 0:08:55.320
<v Speaker 5>as Kevin. Now again or warning to our listeners that

0:08:55.640 --> 0:08:59.360
<v Speaker 5>this next part of the podcast contains some disturbing content.

0:09:04.400 --> 0:09:07.680
<v Speaker 1>The time now is two twenty one PM. Do you

0:09:07.720 --> 0:09:09.000
<v Speaker 1>agree with that time? Kevin?

0:09:09.440 --> 0:09:09.680
<v Speaker 3>Yes?

0:09:10.440 --> 0:09:13.640
<v Speaker 1>Kevin. My questions to you today and your answers will

0:09:13.679 --> 0:09:16.920
<v Speaker 1>be recorded on this tape recorder in front of us.

0:09:17.080 --> 0:09:17.960
<v Speaker 1>Do you understand that?

0:09:18.440 --> 0:09:18.960
<v Speaker 3>Yes.

0:09:19.040 --> 0:09:21.160
<v Speaker 1>At the end of the interview, you'll be given a

0:09:21.200 --> 0:09:24.360
<v Speaker 1>cassette tape of our conversations. Do you understand that?

0:09:24.840 --> 0:09:25.200
<v Speaker 3>Yes?

0:09:25.760 --> 0:09:29.640
<v Speaker 1>Okay. I now ask each person present to say their

0:09:29.720 --> 0:09:34.600
<v Speaker 1>full name. My full name is Leslie John Girk Plain

0:09:34.720 --> 0:09:39.200
<v Speaker 1>closed Senior Constable of Police attached to the Rockampton CIB.

0:09:40.280 --> 0:09:43.800
<v Speaker 1>My registered number is five nine three seven.

0:09:45.040 --> 0:09:46.880
<v Speaker 2>My full name is Robert John Hunt.

0:09:47.160 --> 0:09:50.280
<v Speaker 5>I'm a detective Senior Constable of Police presently stationed at

0:09:50.320 --> 0:09:51.240
<v Speaker 5>Rapempton CIB.

0:09:51.880 --> 0:09:54.240
<v Speaker 2>My registered number is six one five seven.

0:09:55.800 --> 0:10:01.520
<v Speaker 1>Kevin, is there any person present who hasn't identified themselves? No, Kevin,

0:10:01.679 --> 0:10:04.360
<v Speaker 1>for the record, could you please state your full name

0:10:04.679 --> 0:10:05.600
<v Speaker 1>and correct.

0:10:05.360 --> 0:10:07.559
<v Speaker 3>Name, Kevin Alan Henry.

0:10:09.240 --> 0:10:12.959
<v Speaker 1>Are you known by any other name? Kevin Curtain with

0:10:13.000 --> 0:10:17.240
<v Speaker 1>the key and your date and place of birth.

0:10:17.520 --> 0:10:20.160
<v Speaker 3>The first of the third sixty nine.

0:10:20.720 --> 0:10:25.800
<v Speaker 1>Where were you born, Kevin, Rockhampton. Are you currently employed?

0:10:26.360 --> 0:10:27.440
<v Speaker 3>Yeah?

0:10:27.840 --> 0:10:29.000
<v Speaker 1>Whereabouts you working?

0:10:29.760 --> 0:10:31.719
<v Speaker 3>No? I'm on unemployment benefit.

0:10:32.000 --> 0:10:37.600
<v Speaker 1>Unemployment benefits right? What grade of education did you achieve?

0:10:38.440 --> 0:10:38.880
<v Speaker 3>Nine?

0:10:39.720 --> 0:10:40.520
<v Speaker 1>And where was that?

0:10:42.280 --> 0:10:42.760
<v Speaker 3>Or a bender?

0:10:44.120 --> 0:10:46.160
<v Speaker 1>Can you read and write the English language?

0:10:46.559 --> 0:10:48.119
<v Speaker 3>Yeah?

0:10:48.440 --> 0:10:53.720
<v Speaker 1>Can you clearly understand my questions? To you today. Yeah, Kevin,

0:10:54.000 --> 0:10:57.000
<v Speaker 1>do you recall a short while before we commenced this interview,

0:10:57.360 --> 0:10:59.320
<v Speaker 1>I asked you if you wish to have anyone from

0:10:59.360 --> 0:11:01.480
<v Speaker 1>a legal aid present. Do you recall that?

0:11:02.160 --> 0:11:02.559
<v Speaker 3>Yeah?

0:11:03.480 --> 0:11:05.160
<v Speaker 1>And could you tell me what you said to me?

0:11:05.840 --> 0:11:06.120
<v Speaker 3>Yes?

0:11:07.880 --> 0:11:10.679
<v Speaker 1>When I asked you if you wanted someone from legal aid,

0:11:11.120 --> 0:11:12.680
<v Speaker 1>could you tell me what you said?

0:11:13.480 --> 0:11:16.840
<v Speaker 3>I want somebody here anyways from legal aid. Anyways?

0:11:18.240 --> 0:11:20.800
<v Speaker 1>When I asked you before the commencement of the interview,

0:11:21.040 --> 0:11:23.920
<v Speaker 1>you told me you didn't want anyone from legal aid.

0:11:24.200 --> 0:11:24.960
<v Speaker 1>Do you recall that?

0:11:25.960 --> 0:11:27.920
<v Speaker 3>Oh? Yes, yeah?

0:11:28.440 --> 0:11:31.720
<v Speaker 1>Now do you are you saying now that you want

0:11:31.760 --> 0:11:34.680
<v Speaker 1>someone from legal aid or you don't want someone from

0:11:34.720 --> 0:11:35.760
<v Speaker 1>legal aid to city?

0:11:36.679 --> 0:11:38.240
<v Speaker 3>Yeah? I want someone from legal aid.

0:11:39.360 --> 0:11:41.559
<v Speaker 1>So you want someone from legal aid now?

0:11:42.120 --> 0:11:44.679
<v Speaker 3>Yes? Yes? Yeah, now.

0:11:46.360 --> 0:11:49.600
<v Speaker 1>Right Kevin. What I'm going to do now I'll suspend

0:11:49.679 --> 0:11:54.640
<v Speaker 1>the interview, yes, so you can get someone from legal aid. Okay?

0:11:55.400 --> 0:11:55.720
<v Speaker 3>Yes.

0:11:56.880 --> 0:12:01.000
<v Speaker 1>The time now is two fourteen pm. Do you agree

0:12:01.040 --> 0:12:01.720
<v Speaker 1>with that time?

0:12:02.360 --> 0:12:04.160
<v Speaker 3>Yeah?

0:12:04.679 --> 0:12:08.760
<v Speaker 1>I'm sorry, two nineteen pm. Do you agree with that time?

0:12:09.360 --> 0:12:12.760
<v Speaker 1>We'll now suspend the interview and I'll contact someone from

0:12:12.880 --> 0:12:16.280
<v Speaker 1>Legal Aid okay, so they can sit here with you.

0:12:16.640 --> 0:12:18.000
<v Speaker 2>It's two twenty four.

0:12:19.440 --> 0:12:23.160
<v Speaker 1>I'm sorry, Kevin. The time is two twenty four Yeah.

0:12:24.640 --> 0:12:31.520
<v Speaker 1>Interview suspended at two twenty four pm. Interview resumed at

0:12:31.559 --> 0:12:37.040
<v Speaker 1>two twenty seven pm. Right, this interview is now resumed.

0:12:38.280 --> 0:12:41.720
<v Speaker 1>The time now is two twenty seven pm. Do you

0:12:41.760 --> 0:12:47.079
<v Speaker 1>agree with that time, Kevin, two twenty seven yes, Kevin.

0:12:47.360 --> 0:12:50.440
<v Speaker 1>Prior to me suspending the interview, you said that you

0:12:50.520 --> 0:12:52.960
<v Speaker 1>wanted someone from Legal Aid. Is that correct?

0:12:53.520 --> 0:12:53.880
<v Speaker 3>Yeah?

0:12:55.720 --> 0:12:59.920
<v Speaker 1>And then I then suspended the interview and I said

0:13:00.360 --> 0:13:02.720
<v Speaker 1>I was just going to get someone from Legal Aid,

0:13:03.480 --> 0:13:05.440
<v Speaker 1>and you told me that you wanted to get on

0:13:05.480 --> 0:13:08.280
<v Speaker 1>with the interview and you didn't want anyone from Legal Aid.

0:13:08.360 --> 0:13:09.079
<v Speaker 1>Is that correct?

0:13:09.640 --> 0:13:09.880
<v Speaker 3>Yes?

0:13:11.200 --> 0:13:13.760
<v Speaker 1>Now, do you wish to have anyone from Legal Aid

0:13:13.760 --> 0:13:14.520
<v Speaker 1>here or ninth?

0:13:15.280 --> 0:13:15.439
<v Speaker 3>No?

0:13:16.880 --> 0:13:20.280
<v Speaker 1>Well, you're happy if we continue with the interview, yes,

0:13:21.120 --> 0:13:22.680
<v Speaker 1>without anyone from legal Aid?

0:13:23.480 --> 0:13:27.040
<v Speaker 3>Yeah? No? Oh yes, yeah, no legal Aid here?

0:13:30.240 --> 0:13:34.680
<v Speaker 1>Right, Kevin? Did you provide a statement to police on

0:13:35.360 --> 0:13:41.880
<v Speaker 1>two of this month? That's on I don't know, second

0:13:41.880 --> 0:13:45.800
<v Speaker 1>of the ninth, that's correct, Yeah, that's Tuesday, wasn't it?

0:13:47.920 --> 0:13:48.000
<v Speaker 3>No?

0:13:48.240 --> 0:13:48.920
<v Speaker 2>Monday morning?

0:13:50.480 --> 0:13:58.760
<v Speaker 1>Monday morning, Monday morning. Did you provide a statement to police? Yeah, Kevin,

0:13:58.840 --> 0:14:03.040
<v Speaker 1>I've got a copy of that statement with me. I'll

0:14:03.040 --> 0:14:07.480
<v Speaker 1>now read that statement to you. Okay, Yes, Do you

0:14:07.480 --> 0:14:09.600
<v Speaker 1>wish to read the statement or would you like me

0:14:09.679 --> 0:14:10.240
<v Speaker 1>to read it?

0:14:11.320 --> 0:14:12.280
<v Speaker 3>Oh, you can read it.

0:14:13.760 --> 0:14:16.960
<v Speaker 1>Okay. Did you read this statement over on Monday?

0:14:17.640 --> 0:14:17.960
<v Speaker 3>Yes?

0:14:19.280 --> 0:14:25.480
<v Speaker 1>And did you then sign that statement? Yes, on Monday morning.

0:14:26.120 --> 0:14:26.600
<v Speaker 3>That's right.

0:14:28.120 --> 0:14:31.440
<v Speaker 1>Is there anything in that statement that you wish to change?

0:14:32.160 --> 0:14:33.960
<v Speaker 3>No, there's nothing to change there.

0:14:35.240 --> 0:14:35.760
<v Speaker 1>Anything.

0:14:36.880 --> 0:14:38.200
<v Speaker 3>You just put it in the bottom. There.

0:14:39.880 --> 0:14:42.520
<v Speaker 1>Is there anything else you'd like to add to that statement?

0:14:43.160 --> 0:14:44.440
<v Speaker 3>No, there's nothing else there.

0:14:46.520 --> 0:14:48.000
<v Speaker 1>Well, what would you like me to put at the

0:14:48.040 --> 0:14:48.600
<v Speaker 1>bottom of it?

0:14:49.640 --> 0:14:51.520
<v Speaker 3>What I did? What happened?

0:14:53.720 --> 0:14:53.920
<v Speaker 4>Well?

0:14:53.960 --> 0:14:55.440
<v Speaker 1>Could you tell me what that was?

0:14:56.760 --> 0:14:59.760
<v Speaker 3>What happened? Well, I'm just talking about when she got

0:15:00.680 --> 0:15:03.760
<v Speaker 3>That's what I'm just talking And that is the last

0:15:03.800 --> 0:15:08.400
<v Speaker 3>and that's all. That's the last. That's the last page

0:15:08.400 --> 0:15:08.640
<v Speaker 3>for me.

0:15:10.080 --> 0:15:14.360
<v Speaker 1>Yeah, that's the largest page of your statement. Yeah, we'll put.

0:15:14.320 --> 0:15:16.680
<v Speaker 3>Down the bottom there that I stayed.

0:15:16.320 --> 0:15:20.360
<v Speaker 1>There, You stayed where you stayed where.

0:15:21.920 --> 0:15:24.440
<v Speaker 3>Down at to Nimba. I waited till he went up

0:15:24.480 --> 0:15:24.920
<v Speaker 3>to the bank.

0:15:26.520 --> 0:15:27.960
<v Speaker 1>You waited till who went.

0:15:28.800 --> 0:15:36.120
<v Speaker 3>All of them, all of them, all our ulburry girls. Yeah,

0:15:36.160 --> 0:15:38.880
<v Speaker 3>and after that I pulled the that bar out of

0:15:38.880 --> 0:15:41.760
<v Speaker 3>her behind at Linda's behind and I threw it away

0:15:41.920 --> 0:15:45.360
<v Speaker 3>in the barbecue. And after that I dragged her to

0:15:45.520 --> 0:15:48.640
<v Speaker 3>root Root Valley. Then after that I had sex with

0:15:48.720 --> 0:15:52.640
<v Speaker 3>her and she was she woke up. She had sex

0:15:52.680 --> 0:15:58.520
<v Speaker 3>with me then she was awake to see, right. And

0:15:58.600 --> 0:16:02.600
<v Speaker 3>after that, then that I left from her and I

0:16:02.640 --> 0:16:05.200
<v Speaker 3>told her to come along with me. Then after that

0:16:05.280 --> 0:16:07.920
<v Speaker 3>I went up to ring an ambulance. But after that,

0:16:08.040 --> 0:16:11.560
<v Speaker 3>when the ambulance came, she was gone from there when

0:16:12.880 --> 0:16:14.440
<v Speaker 3>there wasn't no dragon mark there?

0:16:14.480 --> 0:16:18.880
<v Speaker 1>See when did she wake up? At what stage? Did

0:16:18.920 --> 0:16:20.400
<v Speaker 1>she wake up?

0:16:21.360 --> 0:16:22.040
<v Speaker 3>What time? Then?

0:16:23.680 --> 0:16:24.360
<v Speaker 1>Was she awake?

0:16:25.360 --> 0:16:27.960
<v Speaker 3>She was awake. She was awake when she got to

0:16:28.240 --> 0:16:32.960
<v Speaker 3>the Rude Valley. She was awake then, right, And we

0:16:33.040 --> 0:16:38.320
<v Speaker 3>had sex there, okay. And after that I left from there.

0:16:40.000 --> 0:16:43.240
<v Speaker 1>Before I ask any further questions, Kevin, I warn you

0:16:43.640 --> 0:16:47.360
<v Speaker 1>that you don't have to answer any more questions yes,

0:16:48.400 --> 0:16:54.120
<v Speaker 1>or say anything yes okay, because anything you say or

0:16:54.240 --> 0:16:58.800
<v Speaker 1>any statement you give will be recorded here today and

0:16:58.880 --> 0:17:03.960
<v Speaker 1>may later be given in evidence. Do you understand that yes?

0:17:05.880 --> 0:17:08.840
<v Speaker 1>Do you understand you don't have to answer any more questions?

0:17:09.520 --> 0:17:09.879
<v Speaker 3>Yes?

0:17:11.040 --> 0:17:13.800
<v Speaker 1>Do you understand that if you do, they'll be recorded?

0:17:14.359 --> 0:17:14.679
<v Speaker 3>Yes?

0:17:15.880 --> 0:17:19.200
<v Speaker 1>And then they may later be told to the court. Yes,

0:17:20.640 --> 0:17:21.600
<v Speaker 1>do you understand that?

0:17:22.480 --> 0:17:22.840
<v Speaker 3>Yes?

0:17:23.640 --> 0:17:26.199
<v Speaker 1>Why for what reason did you drag Linda down to

0:17:26.280 --> 0:17:26.959
<v Speaker 1>root Valley?

0:17:27.800 --> 0:17:30.240
<v Speaker 3>Well? I dragged her away because them girls come back down,

0:17:30.280 --> 0:17:33.480
<v Speaker 3>you see, they would bash her more up, more and

0:17:33.560 --> 0:17:37.240
<v Speaker 3>more and more, because I know what they're like. See,

0:17:37.240 --> 0:17:40.280
<v Speaker 3>they bash, they're bashing the every other girl that's coming

0:17:40.320 --> 0:17:43.200
<v Speaker 3>out here. They get jealous of them, of the men,

0:17:44.000 --> 0:17:46.480
<v Speaker 3>all those fellows down there who root them. That's why

0:17:46.480 --> 0:17:52.320
<v Speaker 3>they get jealous of them, right, that's why they bash.

0:17:52.720 --> 0:17:56.080
<v Speaker 3>Bash other women's up. Sometimes they bash men's up to

0:17:56.240 --> 0:18:00.120
<v Speaker 3>see which girls? Is that? All the girls?

0:18:01.440 --> 0:18:04.920
<v Speaker 1>Right? How did you drag her just.

0:18:04.840 --> 0:18:09.680
<v Speaker 3>By one arm, just by just two arms like that,

0:18:09.880 --> 0:18:11.000
<v Speaker 3>just dragged her along?

0:18:12.040 --> 0:18:14.040
<v Speaker 1>You held her with your two arms.

0:18:14.560 --> 0:18:21.080
<v Speaker 3>Two arms, yeah, and dragging her by the yeah, left

0:18:21.200 --> 0:18:25.960
<v Speaker 3>arm on her back, dragging her by the left arm.

0:18:26.160 --> 0:18:28.720
<v Speaker 1>Did Linda have any blood on her from being assaulted

0:18:28.760 --> 0:18:29.679
<v Speaker 1>by the other girls?

0:18:30.440 --> 0:18:30.600
<v Speaker 4>Oh?

0:18:30.680 --> 0:18:33.600
<v Speaker 3>Yes, she had a lot of blood all on her face.

0:18:35.400 --> 0:18:37.440
<v Speaker 1>And where was the blood coming from.

0:18:37.840 --> 0:18:41.200
<v Speaker 3>From her face? Her face? Noise mouth?

0:18:43.040 --> 0:18:44.520
<v Speaker 1>Did you have any cuts? Do you know?

0:18:45.680 --> 0:18:48.800
<v Speaker 3>I wouldn't know. I couldn't see that so much blood

0:18:49.160 --> 0:18:49.840
<v Speaker 3>was on her face.

0:18:50.840 --> 0:18:55.239
<v Speaker 1>Hmmm, And you said before you dragged her that you

0:18:55.280 --> 0:18:58.560
<v Speaker 1>pulled the Was it a stick out of her bottom?

0:18:58.840 --> 0:19:00.879
<v Speaker 3>Babe?

0:19:01.119 --> 0:19:03.320
<v Speaker 1>What was this? There was a stick or something in

0:19:03.400 --> 0:19:03.919
<v Speaker 1>her bottom?

0:19:03.960 --> 0:19:05.160
<v Speaker 3>You said, the bar?

0:19:06.640 --> 0:19:09.200
<v Speaker 1>The bar? Was it stuck into her bottom?

0:19:09.280 --> 0:19:12.400
<v Speaker 3>Was it? Yes? It was stuck in her bottom. Yeah.

0:19:12.760 --> 0:19:14.879
<v Speaker 3>Because I was sitting right on the steps, I was

0:19:14.920 --> 0:19:15.879
<v Speaker 3>watching all the time.

0:19:17.480 --> 0:19:19.880
<v Speaker 1>Who stuck this bar into it?

0:19:20.000 --> 0:19:22.440
<v Speaker 3>Amy Saunders? Amy Saunders?

0:19:24.119 --> 0:19:25.840
<v Speaker 1>Could you describe this bar to me.

0:19:27.480 --> 0:19:32.080
<v Speaker 3>Just some? It was about that long, about a sort

0:19:32.080 --> 0:19:37.600
<v Speaker 3>of like a temper, sort of sort of sort of

0:19:37.600 --> 0:19:42.720
<v Speaker 3>like this, you know, but it's got thin here, right?

0:19:45.119 --> 0:19:47.399
<v Speaker 1>And do you know where Amy got this bar from?

0:19:48.359 --> 0:19:50.840
<v Speaker 3>No, I wouldn't have a clue about it. I wouldn't

0:19:50.840 --> 0:19:53.359
<v Speaker 3>have nothing. I wouldn't have nothing to do about that.

0:19:54.160 --> 0:19:58.280
<v Speaker 3>I wouldn't even know where the bar come from.

0:19:58.400 --> 0:20:00.280
<v Speaker 1>And where did you throw the bar when you took

0:20:00.320 --> 0:20:00.640
<v Speaker 1>it out?

0:20:01.960 --> 0:20:03.320
<v Speaker 3>I threw it in the barbecue.

0:20:05.200 --> 0:20:07.639
<v Speaker 1>Did it go into the barbecue or no?

0:20:07.760 --> 0:20:11.680
<v Speaker 3>I threw it just against the barbecue on the side, right,

0:20:12.359 --> 0:20:16.800
<v Speaker 3>But it bounced back that way, but sort of on

0:20:16.880 --> 0:20:19.399
<v Speaker 3>an angle sort of angle.

0:20:20.680 --> 0:20:23.040
<v Speaker 1>And where did it land? Did it land anywhere near

0:20:23.080 --> 0:20:24.080
<v Speaker 1>the river bank? Did it?

0:20:24.960 --> 0:20:25.120
<v Speaker 4>No?

0:20:25.680 --> 0:20:26.760
<v Speaker 3>Oh? Yeah? Oh?

0:20:26.920 --> 0:20:27.000
<v Speaker 4>No?

0:20:27.560 --> 0:20:31.960
<v Speaker 3>It didn't land near the river bank bridge there, but

0:20:32.119 --> 0:20:38.640
<v Speaker 3>it was still there. Barbecue just apart just about right.

0:20:38.800 --> 0:20:43.080
<v Speaker 1>Did Linda did move it all when you pulled the

0:20:43.119 --> 0:20:43.639
<v Speaker 1>bar around?

0:20:44.640 --> 0:20:47.440
<v Speaker 3>Yeah, she moved a bit. Yeah, she moved a bit.

0:20:49.960 --> 0:20:51.639
<v Speaker 1>When you were having sex with Linda.

0:20:52.600 --> 0:20:54.040
<v Speaker 3>No, No, I didn't have blood on me.

0:20:55.000 --> 0:20:55.879
<v Speaker 1>Are you sure of that?

0:20:56.680 --> 0:20:58.400
<v Speaker 3>Yes, I'm sure. I'm positive.

0:21:00.160 --> 0:21:01.760
<v Speaker 1>You said she kissed you all over.

0:21:02.880 --> 0:21:06.320
<v Speaker 3>Yeah, but there was no blood on me, you see, right,

0:21:07.800 --> 0:21:08.880
<v Speaker 3>there was no blood.

0:21:10.040 --> 0:21:12.679
<v Speaker 1>And when you said her legs.

0:21:12.720 --> 0:21:14.160
<v Speaker 3>Like all her blood went all hard?

0:21:15.440 --> 0:21:16.560
<v Speaker 2>It was all hard, was it?

0:21:17.160 --> 0:21:18.080
<v Speaker 3>Yeah? It was all hard?

0:21:20.680 --> 0:21:23.680
<v Speaker 2>Okay, So that's all.

0:21:24.520 --> 0:21:27.399
<v Speaker 3>That's all I we just had sex and I just

0:21:28.160 --> 0:21:31.399
<v Speaker 3>hung up. I just wrung up the ambulance and just

0:21:31.400 --> 0:21:32.120
<v Speaker 3>wring them down.

0:21:32.200 --> 0:21:36.520
<v Speaker 1>And okay, she wasn't.

0:21:37.240 --> 0:21:39.439
<v Speaker 3>She might have because the bank's just there, you know,

0:21:39.720 --> 0:21:41.360
<v Speaker 3>and she might have just dragged herself.

0:21:43.000 --> 0:21:44.760
<v Speaker 1>Did the ambulance come down? Did they?

0:21:45.640 --> 0:21:47.800
<v Speaker 3>They came down? But then I showed them. I said,

0:21:48.040 --> 0:21:53.320
<v Speaker 3>she's not there now, right, And what did they? So

0:21:53.400 --> 0:21:56.080
<v Speaker 3>I went across and had a look and she and

0:21:56.160 --> 0:21:57.240
<v Speaker 3>she not there?

0:21:58.760 --> 0:22:01.080
<v Speaker 1>And what did they say? When they got down?

0:22:02.160 --> 0:22:04.119
<v Speaker 3>They thought I was lying. In the next morning they

0:22:04.160 --> 0:22:10.760
<v Speaker 3>heard found her dead. What nobody killed her? Nobody killed her?

0:22:11.040 --> 0:22:13.480
<v Speaker 3>Blood just lost a lot of blood off them girls,

0:22:13.520 --> 0:22:16.600
<v Speaker 3>You know, nobody killed anyone. She just must have just

0:22:16.960 --> 0:22:18.040
<v Speaker 3>lost a lot of blood off.

0:22:20.400 --> 0:22:22.560
<v Speaker 1>Sorry. How did you contact the ambulance?

0:22:22.960 --> 0:22:26.440
<v Speaker 3>I rang up? I rang up? Right?

0:22:26.640 --> 0:22:28.080
<v Speaker 1>Where did you rung up from?

0:22:28.520 --> 0:22:31.240
<v Speaker 3>I rang up from the from the box, from the

0:22:31.280 --> 0:22:34.280
<v Speaker 3>box down there, to come to the mall, to the

0:22:34.320 --> 0:22:35.920
<v Speaker 3>mall across the road there?

0:22:37.000 --> 0:22:37.359
<v Speaker 1>Right?

0:22:38.840 --> 0:22:41.679
<v Speaker 3>Will you come to the mall? All them calves pull

0:22:41.760 --> 0:22:43.720
<v Speaker 3>up there? Right?

0:22:43.840 --> 0:22:45.359
<v Speaker 1>That's where not.

0:22:45.320 --> 0:22:51.280
<v Speaker 3>This roundabout at the front, not that one near near the.

0:22:51.920 --> 0:22:57.920
<v Speaker 1>Yeah, across the road from the Union Hotel? Yeah, from

0:22:57.960 --> 0:23:01.639
<v Speaker 1>the Union Is that where Union Hotel is? Just at

0:23:01.640 --> 0:23:02.320
<v Speaker 1>the end of the mall?

0:23:02.920 --> 0:23:04.760
<v Speaker 3>Yeah?

0:23:04.800 --> 0:23:07.880
<v Speaker 1>And what did you do after? What did you say

0:23:07.920 --> 0:23:09.240
<v Speaker 1>to them when you rang out?

0:23:09.800 --> 0:23:13.119
<v Speaker 3>Just someone out here, blood and all over the place,

0:23:13.440 --> 0:23:16.040
<v Speaker 3>broken nose and mouth and all that, all the bleed

0:23:16.040 --> 0:23:20.040
<v Speaker 3>and everything and what they came out and.

0:23:19.960 --> 0:23:23.960
<v Speaker 5>She was gone after you wrong the ambulance. You said

0:23:24.040 --> 0:23:25.359
<v Speaker 5>you went down to the Crown Hotel.

0:23:25.440 --> 0:23:25.880
<v Speaker 1>Is that right?

0:23:26.400 --> 0:23:26.760
<v Speaker 3>Yeah?

0:23:27.800 --> 0:23:31.880
<v Speaker 2>Then you said you went from the Crown Hotel back

0:23:31.920 --> 0:23:34.600
<v Speaker 2>down to Tanuba. Yeah, is that right?

0:23:35.440 --> 0:23:35.800
<v Speaker 3>Yeah?

0:23:36.560 --> 0:23:38.240
<v Speaker 2>Was anyone else with you when you went down to

0:23:38.280 --> 0:23:39.800
<v Speaker 2>Tanuba from the Crown Hotel.

0:23:40.280 --> 0:23:41.440
<v Speaker 3>No, there was nobody else.

0:23:42.320 --> 0:23:43.760
<v Speaker 2>How long do you think you would have been at

0:23:43.760 --> 0:23:44.439
<v Speaker 2>the Crown Hotel?

0:23:44.520 --> 0:23:44.600
<v Speaker 4>For?

0:23:45.480 --> 0:23:49.280
<v Speaker 3>It would have been there about quarter past seven, was

0:23:49.359 --> 0:23:50.160
<v Speaker 3>something around there.

0:23:50.640 --> 0:23:52.480
<v Speaker 2>Did you have a drink at the Crown Hotel when

0:23:52.480 --> 0:23:52.920
<v Speaker 2>you were there?

0:23:53.280 --> 0:23:55.240
<v Speaker 3>No? No, I was a bit shocked in that.

0:23:56.000 --> 0:23:57.480
<v Speaker 2>Had you been drinking it all that day?

0:23:58.200 --> 0:23:58.360
<v Speaker 4>Yeah?

0:23:58.400 --> 0:24:01.120
<v Speaker 3>I'd been drinking that day. Yeah.

0:24:01.160 --> 0:24:02.760
<v Speaker 2>How much do you think.

0:24:03.119 --> 0:24:05.440
<v Speaker 3>Before that even happened, before that even.

0:24:05.240 --> 0:24:07.880
<v Speaker 2>Happened, how much do you think you would have drunk

0:24:07.920 --> 0:24:08.280
<v Speaker 2>that day?

0:24:09.080 --> 0:24:09.240
<v Speaker 4>Oh?

0:24:09.280 --> 0:24:14.320
<v Speaker 3>About two cartons? No, three cartoons, three cartoons, three flanagans,

0:24:14.359 --> 0:24:17.880
<v Speaker 3>one vodka, one rum and cola, just a big rum,

0:24:17.920 --> 0:24:22.520
<v Speaker 3>you know, straight and just pure rum and coke, coke bottles,

0:24:22.520 --> 0:24:24.120
<v Speaker 3>soft ring bottles, that's all.

0:24:25.520 --> 0:24:28.320
<v Speaker 1>How many of those cartons would you have drunk? You said,

0:24:28.440 --> 0:24:29.359
<v Speaker 1>three curtains.

0:24:30.160 --> 0:24:33.120
<v Speaker 3>I only had about seven of them, that's all I had.

0:24:34.760 --> 0:24:36.880
<v Speaker 1>Right when you went to the Crown after you rang

0:24:36.960 --> 0:24:41.280
<v Speaker 1>the ambulance up. Yeah, did you speak to anyone at

0:24:41.280 --> 0:24:41.680
<v Speaker 1>the Crown?

0:24:42.359 --> 0:24:44.640
<v Speaker 3>No, I said nothing, just talk to nobody.

0:24:46.320 --> 0:24:50.280
<v Speaker 1>Why did you go to the Crown day? Why did

0:24:50.359 --> 0:24:51.520
<v Speaker 1>you go to the Crown?

0:24:52.480 --> 0:24:56.120
<v Speaker 3>But just I was going to say something, but there

0:24:56.200 --> 0:25:01.520
<v Speaker 3>wasn't there. See you were came back down then then

0:25:01.520 --> 0:25:05.359
<v Speaker 3>I was. But I need say nothing about that till

0:25:05.760 --> 0:25:06.360
<v Speaker 3>they came.

0:25:06.200 --> 0:25:11.359
<v Speaker 1>Down, right. You were quite concerned about Linda, were you?

0:25:11.960 --> 0:25:15.800
<v Speaker 3>Yeah? I didn't even know, Percy.

0:25:15.960 --> 0:25:18.639
<v Speaker 1>This tape's just about to run out, keV. What we

0:25:18.720 --> 0:25:20.160
<v Speaker 1>might suspend the interview?

0:25:20.200 --> 0:25:20.480
<v Speaker 4>Now?

0:25:21.280 --> 0:25:23.359
<v Speaker 1>Would you look at the clock on the wall. Do

0:25:23.400 --> 0:25:26.920
<v Speaker 1>you agree that the time is now six minutes past three?

0:25:27.680 --> 0:25:28.040
<v Speaker 3>Yes?

0:25:28.880 --> 0:25:29.600
<v Speaker 1>Is that correct?

0:25:30.160 --> 0:25:30.480
<v Speaker 3>Yes?

0:25:31.960 --> 0:25:33.879
<v Speaker 1>Okay, Now I'll just to spend the interview.

0:25:33.920 --> 0:25:35.879
<v Speaker 3>That's all I got to tell you. That's all I know.

0:25:37.720 --> 0:25:43.240
<v Speaker 1>Interview suspended at three oh six pm.

0:25:43.560 --> 0:25:45.600
<v Speaker 2>Interview resumed at three eight pm.

0:25:47.560 --> 0:25:50.920
<v Speaker 1>This is tape two of the interview between myself, Leslie

0:25:51.000 --> 0:25:55.080
<v Speaker 1>Girk and Kevin Henry. Kevin, do you agree that the

0:25:55.119 --> 0:25:58.439
<v Speaker 1>time is now just after eight minutes past three in

0:25:58.520 --> 0:25:59.280
<v Speaker 1>the afternoon?

0:25:59.680 --> 0:25:59.960
<v Speaker 3>Yes?

0:26:01.880 --> 0:26:04.879
<v Speaker 1>Do you agree Kevin that whilst we suspended the interview,

0:26:05.040 --> 0:26:07.119
<v Speaker 1>we didn't speak to you about this matter?

0:26:07.840 --> 0:26:09.679
<v Speaker 3>Hey?

0:26:10.200 --> 0:26:12.920
<v Speaker 1>When we were changing the tapes over, No, I didn't.

0:26:13.720 --> 0:26:17.679
<v Speaker 1>Do you agree that we didn't speak? No about what

0:26:19.720 --> 0:26:21.840
<v Speaker 1>about the matter I'm talking to you about now?

0:26:22.400 --> 0:26:22.880
<v Speaker 3>Yeah?

0:26:23.640 --> 0:26:27.960
<v Speaker 1>Do you agree with that? Yes, Kevin? I said earlier

0:26:28.320 --> 0:26:30.679
<v Speaker 1>or just before we suspended the interview, that you were

0:26:30.760 --> 0:26:35.520
<v Speaker 1>quite worried about Linda. Yeah, Why were you worried about her?

0:26:35.840 --> 0:26:38.040
<v Speaker 3>Just worried about the girls getting into her, that's all.

0:26:39.480 --> 0:26:43.560
<v Speaker 1>Right. Were you concerned at all about the injuries she'd sustained, Yes,

0:26:44.880 --> 0:26:49.520
<v Speaker 1>that's the injuries that were caused to her. Yes, like

0:26:49.600 --> 0:26:52.600
<v Speaker 1>the blood on her face and the injury to her bottom.

0:26:52.680 --> 0:26:53.080
<v Speaker 3>Yes.

0:26:54.720 --> 0:26:56.960
<v Speaker 1>Could you tell me why you didn't call an ambulance

0:26:57.040 --> 0:26:59.119
<v Speaker 1>before you dragged her down to Root Valley.

0:27:00.040 --> 0:27:02.440
<v Speaker 3>Just wanted to get her away from the girls, that's all.

0:27:03.480 --> 0:27:06.040
<v Speaker 3>M Otherwise the girls come back down, they're going to

0:27:06.080 --> 0:27:07.440
<v Speaker 3>bash her more with more.

0:27:09.480 --> 0:27:11.560
<v Speaker 1>Why did you have sex with her before you called

0:27:11.560 --> 0:27:12.280
<v Speaker 1>the ambulance?

0:27:12.840 --> 0:27:16.800
<v Speaker 3>She was to have sex with me first, she woke

0:27:16.880 --> 0:27:19.280
<v Speaker 3>up down there in Red Valley. She wanted to have

0:27:19.320 --> 0:27:22.159
<v Speaker 3>sex with me. Then when she woke up.

0:27:23.880 --> 0:27:25.960
<v Speaker 1>Did you say anything to you about the injuries to

0:27:26.040 --> 0:27:26.520
<v Speaker 1>her face?

0:27:26.960 --> 0:27:29.360
<v Speaker 3>No, she didn't say nothing at all, nothing at all,

0:27:29.600 --> 0:27:31.920
<v Speaker 3>nothing at all. If she didn't say nothing about that.

0:27:33.720 --> 0:27:35.280
<v Speaker 1>Did you say anything to her?

0:27:35.760 --> 0:27:37.960
<v Speaker 3>No? I never said nothing at all to her.

0:27:39.200 --> 0:27:40.680
<v Speaker 1>Why didn't you?

0:27:40.720 --> 0:27:41.720
<v Speaker 3>No, I didn't say nothing.

0:27:43.840 --> 0:27:45.760
<v Speaker 1>Do you think she would have been in any pain

0:27:45.800 --> 0:27:46.680
<v Speaker 1>from her injuries.

0:27:46.760 --> 0:27:48.280
<v Speaker 3>Oh yeah, she was in plenty of pain.

0:27:49.560 --> 0:27:51.400
<v Speaker 1>Why did you have sex with her if you thought

0:27:51.440 --> 0:27:52.280
<v Speaker 1>she was in pain?

0:27:52.640 --> 0:27:55.720
<v Speaker 3>Because all the blood all over her head, all over

0:27:55.760 --> 0:27:56.679
<v Speaker 3>her head evering kicked in?

0:27:57.480 --> 0:28:02.320
<v Speaker 7>Probably been probably, But why did you have sex with

0:28:02.320 --> 0:28:07.119
<v Speaker 7>her if you thought she was hurting? Come again, my

0:28:07.280 --> 0:28:10.360
<v Speaker 7>question was why did you have sex with her when

0:28:10.400 --> 0:28:13.120
<v Speaker 7>you thought she was in pain? But when you thought

0:28:13.160 --> 0:28:14.680
<v Speaker 7>she was hurting from her injuries?

0:28:15.200 --> 0:28:17.679
<v Speaker 3>Well, I just dragged her and just I just dragged

0:28:17.680 --> 0:28:20.800
<v Speaker 3>her down. She rolled over down in Ride Valley. She

0:28:20.880 --> 0:28:23.080
<v Speaker 3>just took her clothes off, and she just wanted to

0:28:23.080 --> 0:28:26.720
<v Speaker 3>have sex just then. After that, I had sex with her,

0:28:26.760 --> 0:28:29.800
<v Speaker 3>and then I told her to get up. I said,

0:28:29.920 --> 0:28:33.280
<v Speaker 3>are you coming now? I was getting the ambulance for her.

0:28:34.200 --> 0:28:36.960
<v Speaker 3>When they came back, she was gone. Nobody ever dragged

0:28:36.960 --> 0:28:39.560
<v Speaker 3>her in there because she had no mark there. I

0:28:39.680 --> 0:28:42.920
<v Speaker 3>tell you, I tell you now, there was no mark

0:28:42.960 --> 0:28:46.520
<v Speaker 3>there because nobody dragged her. She fell in there. She

0:28:46.600 --> 0:28:50.160
<v Speaker 3>fell in there, and she drowned her own self. Nobody

0:28:50.280 --> 0:28:55.040
<v Speaker 3>killed her. Okay, See that's it, man, I just told

0:28:55.080 --> 0:28:57.920
<v Speaker 3>you everything. That's all the evidence. Like, got nothing to

0:28:57.920 --> 0:29:01.360
<v Speaker 3>say no more. Now you can't ask me anymore because

0:29:01.360 --> 0:29:02.440
<v Speaker 3>I've got nothing else to say.

0:29:05.640 --> 0:29:08.480
<v Speaker 5>Okay, Martin, you've read that confession. You've heard that confession again,

0:29:09.400 --> 0:29:10.880
<v Speaker 5>what did you think of it? Like, what were your

0:29:10.920 --> 0:29:14.400
<v Speaker 5>initial thoughts when you first read Kevin's confession?

0:29:15.680 --> 0:29:18.040
<v Speaker 1>Well, I think the first thing that really stands out

0:29:18.280 --> 0:29:23.080
<v Speaker 1>is Kevin's insistence early on that he wanted legal representation,

0:29:24.120 --> 0:29:29.000
<v Speaker 1>and then that was changed for whatever reason. So immediately

0:29:29.040 --> 0:29:33.280
<v Speaker 1>we know he was confused. We also know reading the

0:29:33.360 --> 0:29:36.880
<v Speaker 1>confession that there was a lot of inaccuracies and things

0:29:36.880 --> 0:29:39.760
<v Speaker 1>that just didn't add up. There were things he said

0:29:39.960 --> 0:29:44.760
<v Speaker 1>that just couldn't have possibly taken place, so straight away

0:29:44.800 --> 0:29:48.240
<v Speaker 1>you know that something's not right with the confession itself.

0:29:49.000 --> 0:29:52.000
<v Speaker 5>Could it have just been the adversarial nature of you know,

0:29:52.040 --> 0:29:54.680
<v Speaker 5>where he was in the sterile, in the foreign environment,

0:29:54.720 --> 0:29:56.760
<v Speaker 5>Like he would have been nervous anyway, even if he

0:29:56.880 --> 0:30:02.160
<v Speaker 5>had walked in and given a confession on his own will.

0:30:01.120 --> 0:30:03.600
<v Speaker 1>Yeah, he definitely would have been. I think what we

0:30:03.720 --> 0:30:07.080
<v Speaker 1>know is that this was the second statement that Kevin gave,

0:30:08.120 --> 0:30:13.920
<v Speaker 1>So why was he feeling more apprehension this time around?

0:30:14.160 --> 0:30:19.240
<v Speaker 1>His first statement reads much more clearly and for some

0:30:19.320 --> 0:30:24.560
<v Speaker 1>reason in this second statement, we've got Kevin changing things around,

0:30:24.960 --> 0:30:28.760
<v Speaker 1>not sure what he's being asked, changing his mind about

0:30:28.840 --> 0:30:33.160
<v Speaker 1>legal representation. So just weighing up the way the two

0:30:33.240 --> 0:30:37.200
<v Speaker 1>confessions read and sound, they're very very different.

0:30:37.840 --> 0:30:40.600
<v Speaker 5>I mean when you I mean you've had experience over

0:30:40.640 --> 0:30:42.840
<v Speaker 5>in the US when you look at cases where there

0:30:42.880 --> 0:30:45.840
<v Speaker 5>has been, for example, a forced confession, what do you

0:30:45.880 --> 0:30:48.520
<v Speaker 5>actually look for? What are the beginning signs or the

0:30:48.520 --> 0:30:49.760
<v Speaker 5>science that you watch out for.

0:30:50.840 --> 0:30:54.160
<v Speaker 1>Well, certainly you're looking for things like is the person

0:30:54.280 --> 0:30:58.680
<v Speaker 1>under du rest, do they sound like this's coercion or

0:30:58.680 --> 0:31:04.520
<v Speaker 1>they're being led that way? Is there any diminished capacity

0:31:04.800 --> 0:31:11.440
<v Speaker 1>mental impairment which includes intoxication that could have happened prior

0:31:11.480 --> 0:31:15.120
<v Speaker 1>to the confession being taken, and that's played a role

0:31:15.200 --> 0:31:19.400
<v Speaker 1>in that person being unsure of what they're doing. And

0:31:19.680 --> 0:31:22.640
<v Speaker 1>we know this is a great possibility because more than

0:31:22.680 --> 0:31:26.400
<v Speaker 1>one in four people who've been wrongly convicted and then

0:31:26.520 --> 0:31:31.960
<v Speaker 1>later exonerated by DNA evidence gave a false confession. So

0:31:32.040 --> 0:31:35.280
<v Speaker 1>these are people who definitely did not commit the crime.

0:31:35.880 --> 0:31:38.840
<v Speaker 1>Most were nowhere near the crime scene and they didn't

0:31:38.880 --> 0:31:42.800
<v Speaker 1>even know the victim, but they gave a confession. And

0:31:43.040 --> 0:31:45.480
<v Speaker 1>there's a lot of the same markers that we look

0:31:45.560 --> 0:31:49.560
<v Speaker 1>for in Kevin's confession that can be found in those confessions.

0:31:49.960 --> 0:31:51.719
<v Speaker 5>What do you mean by markers? What would you look

0:31:51.760 --> 0:31:54.040
<v Speaker 5>out for? And what were evident in Kevin's confession?

0:31:55.520 --> 0:32:00.680
<v Speaker 1>I think certainly his confusion is not understanding a lot

0:32:00.680 --> 0:32:06.120
<v Speaker 1>of the questions that were being asked immediately. That suggests

0:32:06.200 --> 0:32:11.480
<v Speaker 1>that he was either stressed under duress, he was giving

0:32:11.520 --> 0:32:16.200
<v Speaker 1>statements that the police knew didn't match the facts, but

0:32:16.280 --> 0:32:20.400
<v Speaker 1>he was never picked up on that. So that always

0:32:20.440 --> 0:32:24.880
<v Speaker 1>suggests that perhaps someone's been told things prior to the

0:32:24.920 --> 0:32:28.520
<v Speaker 1>interview commencing. And that's something we need to keep in

0:32:28.600 --> 0:32:32.400
<v Speaker 1>mind is while we know what happened while the tape

0:32:32.400 --> 0:32:36.760
<v Speaker 1>recorder was playing, we don't know what happened in between

0:32:36.800 --> 0:32:39.800
<v Speaker 1>the time Kevin was picked up, when he was in

0:32:39.840 --> 0:32:43.200
<v Speaker 1>the police car, when he was in the watchhouse, and

0:32:43.280 --> 0:32:46.000
<v Speaker 1>before record was pressed on the tape.

0:32:46.200 --> 0:32:48.960
<v Speaker 5>So we don't know what the conversations he had prior

0:32:49.040 --> 0:32:52.160
<v Speaker 5>to the tape being recorded. We don't know anything about that.

0:32:53.040 --> 0:32:56.520
<v Speaker 1>No, nothing in terms of that is recorded. You often

0:32:56.600 --> 0:33:01.080
<v Speaker 1>see in some states where they will vig the entire

0:33:01.200 --> 0:33:07.120
<v Speaker 1>process because we do know what's said beforehand, can cause

0:33:07.120 --> 0:33:12.560
<v Speaker 1>what we know is confession contamination, and that's the interviewee

0:33:12.680 --> 0:33:16.760
<v Speaker 1>being given information that they couldn't possibly know and that's

0:33:16.840 --> 0:33:20.160
<v Speaker 1>not on the public record, and then they make those

0:33:20.200 --> 0:33:24.760
<v Speaker 1>statements in their confession. And I certainly think there's things

0:33:24.760 --> 0:33:29.920
<v Speaker 1>in Kevin's confession that match that description of confession contamination.

0:33:30.480 --> 0:33:32.479
<v Speaker 2>How would you pull out those comments?

0:33:32.600 --> 0:33:34.280
<v Speaker 5>Is that the way he's saying it, the way he's

0:33:34.360 --> 0:33:38.200
<v Speaker 5>terming certain things that he's saying, or how can you

0:33:38.240 --> 0:33:42.320
<v Speaker 5>even determine which parts he may have may have been contaminated?

0:33:43.640 --> 0:33:45.960
<v Speaker 1>Well, we look for the things that we do know

0:33:46.080 --> 0:33:51.160
<v Speaker 1>to be true that match everyone else's statements, that match

0:33:51.280 --> 0:33:57.280
<v Speaker 1>the forensic evidence provided at trial by doctors and forensic experts,

0:33:57.920 --> 0:34:00.480
<v Speaker 1>and we look at the things that Kevin has said

0:34:01.280 --> 0:34:04.080
<v Speaker 1>that just don't match those We know them not to

0:34:04.120 --> 0:34:08.200
<v Speaker 1>be true. We know them from all those things I've mentioned,

0:34:08.280 --> 0:34:12.480
<v Speaker 1>as well as the court proceedings and the claims that

0:34:12.600 --> 0:34:16.880
<v Speaker 1>everyone else has made, including the police themselves, so we

0:34:17.000 --> 0:34:19.560
<v Speaker 1>know he says things that just are not true.

0:34:20.040 --> 0:34:22.080
<v Speaker 5>I mean, one of the things that got me was

0:34:22.200 --> 0:34:25.320
<v Speaker 5>he was very confused about whether there was any blood there,

0:34:25.680 --> 0:34:27.400
<v Speaker 5>and he seems to go back and forth, and the

0:34:27.440 --> 0:34:29.200
<v Speaker 5>only time he seems to give a proper answer is

0:34:29.239 --> 0:34:32.000
<v Speaker 5>when he had seen the blood earlier, when she'd been

0:34:32.080 --> 0:34:34.680
<v Speaker 5>lying in the light after the woman had assaulted her.

0:34:34.719 --> 0:34:36.600
<v Speaker 5>But after that he kept changing his mind. He was

0:34:36.680 --> 0:34:41.040
<v Speaker 5>very flustered and couldn't remember whether there was blood I

0:34:41.040 --> 0:34:44.000
<v Speaker 5>guess coming out of certain parts of her body.

0:34:44.320 --> 0:34:46.440
<v Speaker 1>Well, that's right, And I think what we see in

0:34:46.520 --> 0:34:51.799
<v Speaker 1>the confession is two issues being confused. Kevin when he

0:34:51.840 --> 0:34:54.920
<v Speaker 1>speaks of the blood, when he speaks of the injuries,

0:34:55.400 --> 0:34:59.239
<v Speaker 1>when he speaks of Linda, he's clearly referring to what

0:34:59.440 --> 0:35:02.920
<v Speaker 1>he saw while Linda was being assaulted by the three women.

0:35:03.600 --> 0:35:07.040
<v Speaker 1>But the inference in the confession and the way the

0:35:07.120 --> 0:35:12.040
<v Speaker 1>questions are asked leads those reading the confession to believe

0:35:12.360 --> 0:35:16.160
<v Speaker 1>that that's what Kevin saw when he was allegedly alone

0:35:16.320 --> 0:35:19.440
<v Speaker 1>with Linda. But it's quite obvious from what he says

0:35:19.520 --> 0:35:23.520
<v Speaker 1>that that's not correct, because he mentions the stairs, he

0:35:23.640 --> 0:35:27.799
<v Speaker 1>mentions the trauma to Linda's face and head, and the

0:35:27.840 --> 0:35:32.640
<v Speaker 1>way that that was inflicted, and we know that that occurred.

0:35:33.320 --> 0:35:37.840
<v Speaker 1>We know from evidence provided by forensic experts, when and

0:35:37.880 --> 0:35:42.600
<v Speaker 1>where that occurred, and so we know what Kevin says

0:35:42.800 --> 0:35:48.040
<v Speaker 1>about those issues only matches. If he's talking about the assault.

0:35:47.600 --> 0:35:50.239
<v Speaker 5>On the women, which he definitely saw, it's established. So

0:35:50.239 --> 0:35:51.880
<v Speaker 5>he definitely saw that assault.

0:35:51.880 --> 0:35:55.960
<v Speaker 1>Absolutely he saw it, and he even says he looked

0:35:55.960 --> 0:36:00.279
<v Speaker 1>away at one point while it was going on, but

0:36:00.920 --> 0:36:04.960
<v Speaker 1>he certainly saw the beginning of the assault, most of

0:36:05.000 --> 0:36:09.040
<v Speaker 1>the assault and the aftermath. He was quite close. And

0:36:09.200 --> 0:36:12.720
<v Speaker 1>so he gives a very clear recollection of the things

0:36:12.760 --> 0:36:16.719
<v Speaker 1>we know took place. He's very fuzzy on the things

0:36:16.920 --> 0:36:21.239
<v Speaker 1>that we cannot confirm took place other than what is

0:36:21.280 --> 0:36:22.400
<v Speaker 1>in his confession.

0:36:22.880 --> 0:36:25.319
<v Speaker 5>The other thing Martin I got from his confession is

0:36:25.320 --> 0:36:28.480
<v Speaker 5>he was very adamant. He was saying things like nobody.

0:36:28.480 --> 0:36:30.560
<v Speaker 5>There was even a part where he goes, nobody killed her.

0:36:30.600 --> 0:36:31.520
<v Speaker 5>Nobody killed her.

0:36:32.560 --> 0:36:33.080
<v Speaker 2>I mean, he was.

0:36:33.160 --> 0:36:38.200
<v Speaker 5>Very adamant about that, very direct, almost defensive language. Whereas

0:36:38.200 --> 0:36:40.400
<v Speaker 5>if you're confessing, I mean, would you say.

0:36:40.239 --> 0:36:43.719
<v Speaker 1>That, well, certainly. And that's one of the things that

0:36:44.440 --> 0:36:49.759
<v Speaker 1>about this supposed confession that's quite unusual is that he

0:36:49.880 --> 0:36:55.279
<v Speaker 1>is very clear he didn't do certain things, but he

0:36:55.480 --> 0:37:00.200
<v Speaker 1>seems to confess to other aspects. But the way he

0:37:00.239 --> 0:37:07.080
<v Speaker 1>confesses is what we call answering questions with questions. So

0:37:08.200 --> 0:37:12.040
<v Speaker 1>he often answers by asking a question of his own,

0:37:12.440 --> 0:37:16.680
<v Speaker 1>and that tends to suggest that he doesn't actually know

0:37:17.239 --> 0:37:20.680
<v Speaker 1>the answer to the question he's being asked. And one

0:37:20.719 --> 0:37:23.200
<v Speaker 1>of the other markers we look for is a lack

0:37:23.239 --> 0:37:27.000
<v Speaker 1>of detail, and you can't know the detail of something

0:37:27.200 --> 0:37:30.240
<v Speaker 1>you know nothing about and didn't see.

0:37:30.920 --> 0:37:32.920
<v Speaker 4>One of the things we look for is called the

0:37:33.080 --> 0:37:36.440
<v Speaker 4>mean length of utterance, and this is something that's been

0:37:36.560 --> 0:37:41.040
<v Speaker 4>subject to rigorous study over many, many decades that helps

0:37:41.120 --> 0:37:44.840
<v Speaker 4>us analyze a confession or a statement given to police

0:37:45.000 --> 0:37:50.759
<v Speaker 4>or other investigative services. And what it tells us is

0:37:50.840 --> 0:37:55.279
<v Speaker 4>that the average person answers these sort of questions with

0:37:55.400 --> 0:38:00.520
<v Speaker 4>a sentence between ten and fifteen words. Now, highly educated

0:38:00.600 --> 0:38:04.839
<v Speaker 4>person with a very high IQ will tend to go

0:38:04.960 --> 0:38:09.200
<v Speaker 4>in the other direction, the answer significantly longer, and that's

0:38:09.239 --> 0:38:11.920
<v Speaker 4>because they're trying to confuse the interviewer. They're trying to

0:38:11.960 --> 0:38:15.600
<v Speaker 4>outsmart them, and they're trying to obfiscate, they're trying not

0:38:15.680 --> 0:38:19.959
<v Speaker 4>to answer the question directly. For people who are from

0:38:20.080 --> 0:38:25.600
<v Speaker 4>lower socioeconomic backgrounds, who are particularly nervous and have reason

0:38:25.719 --> 0:38:30.840
<v Speaker 4>to be when questioned by police, and particularly someone like Kevin,

0:38:30.920 --> 0:38:34.160
<v Speaker 4>who we know hadn't completed a great deal of schooling.

0:38:35.480 --> 0:38:40.080
<v Speaker 4>The studies tell us that they answer significantly shorter, and

0:38:40.160 --> 0:38:43.800
<v Speaker 4>throughout Kevin's testimony, he often answers which has one word

0:38:44.560 --> 0:38:48.280
<v Speaker 4>yeah or no. So he's not actually giving his side

0:38:48.320 --> 0:38:52.080
<v Speaker 4>of the story. He's just agreeing or disagreeing to what

0:38:52.120 --> 0:38:53.360
<v Speaker 4>he's asked by the police.

0:38:53.600 --> 0:38:56.439
<v Speaker 5>And that's some I know just from other stories I've done,

0:38:56.520 --> 0:38:59.440
<v Speaker 5>that seems to be quite an aboriginal trait.

0:38:59.239 --> 0:39:01.480
<v Speaker 2>A lot of the time, collegratuitous concurrence.

0:39:02.040 --> 0:39:04.360
<v Speaker 5>Do you think that's something that that he's just agreeing

0:39:04.360 --> 0:39:05.240
<v Speaker 5>to certain things?

0:39:05.320 --> 0:39:08.279
<v Speaker 2>Can we see that in confessions? Or is that not

0:39:08.360 --> 0:39:09.040
<v Speaker 2>a factor in this?

0:39:09.640 --> 0:39:12.040
<v Speaker 4>It's certainly a factor in this, and we certainly see

0:39:12.040 --> 0:39:16.400
<v Speaker 4>them in confessions. One thing that's often on the person's mind,

0:39:16.680 --> 0:39:19.239
<v Speaker 4>and this may be under hard to understand for the

0:39:19.320 --> 0:39:23.040
<v Speaker 4>general public, is they just want to get out of there,

0:39:23.719 --> 0:39:27.920
<v Speaker 4>so they will often agree or disagree just as a

0:39:27.960 --> 0:39:31.439
<v Speaker 4>way of getting this over and done with. And one

0:39:31.480 --> 0:39:34.560
<v Speaker 4>thing the studies have shown with people who have confessed

0:39:34.600 --> 0:39:38.759
<v Speaker 4>to crimes that DNA evidence has proven the innocence of

0:39:39.800 --> 0:39:42.839
<v Speaker 4>is they just went along with it. They wanted to

0:39:42.920 --> 0:39:46.560
<v Speaker 4>please the people that were asking the questions. They wanted

0:39:46.600 --> 0:39:49.480
<v Speaker 4>no hostility, and they wanted it over and done with

0:39:49.640 --> 0:39:53.840
<v Speaker 4>as soon as possible. And we can tell Kevin was

0:39:54.080 --> 0:39:57.320
<v Speaker 4>that way Incline because he tried to end the interview.

0:39:58.400 --> 0:40:02.000
<v Speaker 4>He became very agitated and he just didn't want to

0:40:02.040 --> 0:40:02.840
<v Speaker 4>speak anymore.

0:40:04.120 --> 0:40:05.960
<v Speaker 5>It was interesting because he was also very as we

0:40:05.960 --> 0:40:09.680
<v Speaker 5>were talking about, very careful. I mean, he would give

0:40:09.719 --> 0:40:12.520
<v Speaker 5>certain concessions, but then he'd say something like, for example,

0:40:12.520 --> 0:40:14.680
<v Speaker 5>because no one, nobody ever dragged her in the water

0:40:14.680 --> 0:40:15.160
<v Speaker 5>to see.

0:40:15.680 --> 0:40:17.759
<v Speaker 2>So I guess I was a bit confused by that.

0:40:18.239 --> 0:40:21.440
<v Speaker 5>How if you're saying a confession, you're also saying because

0:40:21.440 --> 0:40:23.680
<v Speaker 5>nobody ever dragged her in the water, nobody killed her.

0:40:24.160 --> 0:40:27.640
<v Speaker 5>She I think in another party says she dragged her

0:40:27.719 --> 0:40:29.719
<v Speaker 5>own self into the water, or she put us own

0:40:29.760 --> 0:40:33.959
<v Speaker 5>self into the water. So there's he's quite defensive, very

0:40:34.000 --> 0:40:37.160
<v Speaker 5>careful to try not to incriminate himself.

0:40:38.040 --> 0:40:42.000
<v Speaker 4>Yeah, I think at this stage the great possibility that

0:40:42.120 --> 0:40:46.719
<v Speaker 4>Kevin believed he was just another witness and so he

0:40:46.920 --> 0:40:49.520
<v Speaker 4>was just one of the more than thirty people there

0:40:49.560 --> 0:40:52.560
<v Speaker 4>on the night, and the things we know he says

0:40:53.440 --> 0:40:58.200
<v Speaker 4>proven by the forensic evidence and the testimony. He's quite

0:40:58.239 --> 0:41:03.280
<v Speaker 4>clear on when there's allegations or assumptions made on behalf

0:41:03.320 --> 0:41:08.440
<v Speaker 4>of the police about things that he finds troubling and disturbing.

0:41:08.960 --> 0:41:13.040
<v Speaker 4>He is very very clear to point out he didn't

0:41:13.080 --> 0:41:18.440
<v Speaker 4>do certain things. So while he seems okay with answering

0:41:18.560 --> 0:41:23.560
<v Speaker 4>questions that don't really implicate him that anyone there could

0:41:23.600 --> 0:41:28.319
<v Speaker 4>have seen that will just get the police off his back,

0:41:28.360 --> 0:41:31.240
<v Speaker 4>and he's just answering yes or no and agreeing to anything,

0:41:31.800 --> 0:41:35.480
<v Speaker 4>when it comes to accusations of anything that's serious, he

0:41:35.640 --> 0:41:39.239
<v Speaker 4>deviates and he's very clear on saying he did not

0:41:39.400 --> 0:41:40.280
<v Speaker 4>do those things.

0:41:40.920 --> 0:41:43.600
<v Speaker 5>But wouldn't a guilty person act the exact same way?

0:41:43.640 --> 0:41:46.520
<v Speaker 5>I mean, no one wants to go to jail. Wouldn't

0:41:46.560 --> 0:41:49.719
<v Speaker 5>a guilty person if they're giving that sort of statement, wouldn't.

0:41:49.360 --> 0:41:50.879
<v Speaker 2>They just lie as well?

0:41:50.920 --> 0:41:53.800
<v Speaker 5>Wouldn't they they do the same thing, try to downgrade

0:41:53.880 --> 0:41:54.759
<v Speaker 5>what they'd actually done.

0:41:56.360 --> 0:41:58.880
<v Speaker 4>Well, that's true, And there's two ways of looking at it.

0:41:59.600 --> 0:42:03.319
<v Speaker 4>If this is a confession as is alleged, and confession

0:42:03.719 --> 0:42:08.840
<v Speaker 4>that results in Kevin being convicted of murder, why doesn't

0:42:08.880 --> 0:42:12.800
<v Speaker 4>he just agree to everything? Why does he fight back

0:42:13.400 --> 0:42:17.040
<v Speaker 4>on certain issues and not others. So, if it's a

0:42:17.040 --> 0:42:20.480
<v Speaker 4>straight confession of Gil, there would be no point for

0:42:20.600 --> 0:42:25.840
<v Speaker 4>Kevin to disagree with what's being said, particularly those parts

0:42:25.840 --> 0:42:29.240
<v Speaker 4>that implicate him. But your question does go to something

0:42:29.280 --> 0:42:33.520
<v Speaker 4>that's very important to understand, which is, to the general

0:42:33.560 --> 0:42:37.799
<v Speaker 4>public side, the difference between a false confession and a

0:42:37.840 --> 0:42:43.000
<v Speaker 4>true confession can't be determined. In fact, the police are

0:42:43.040 --> 0:42:46.919
<v Speaker 4>not good at determining these issues, and nor are many prosecutors.

0:42:47.400 --> 0:42:49.480
<v Speaker 4>And that's why we see now a great deal of

0:42:49.520 --> 0:42:54.640
<v Speaker 4>science going in to analyzing confessions and why these studies

0:42:54.680 --> 0:42:57.560
<v Speaker 4>have been done because we do know that more than

0:42:57.600 --> 0:43:01.560
<v Speaker 4>one in four people have asked to crime that DNA

0:43:01.640 --> 0:43:05.240
<v Speaker 4>would show they did not commit, So it does occur

0:43:05.520 --> 0:43:08.240
<v Speaker 4>far more frequently than people would believe.

0:43:09.040 --> 0:43:12.439
<v Speaker 5>So that just raised so many questions. First of all,

0:43:12.560 --> 0:43:15.680
<v Speaker 5>Kevin never actually confessed. He never said he put her

0:43:15.719 --> 0:43:18.640
<v Speaker 5>in the water. In fact, he was very adamant that

0:43:19.320 --> 0:43:22.479
<v Speaker 5>no one had killed her. And what happened in those

0:43:22.480 --> 0:43:26.720
<v Speaker 5>crucial three minutes when turned off the recording afterwards Kevin

0:43:26.800 --> 0:43:30.799
<v Speaker 5>changed his story? And did Kevin actually want legal aid?

0:43:31.360 --> 0:43:34.480
<v Speaker 5>Why did he change his mind conveniently when the tape

0:43:34.600 --> 0:43:37.080
<v Speaker 5>had turned off right at the beginning of the interview.

0:43:40.120 --> 0:43:43.800
<v Speaker 1>So far in this podcast, you've heard my analysis and

0:43:43.880 --> 0:43:47.000
<v Speaker 1>a brief discussion trying to answer some of the questions

0:43:47.000 --> 0:43:52.240
<v Speaker 1>that Amy raises. Next week, we'll hear from a trial lawyer,

0:43:52.719 --> 0:43:57.120
<v Speaker 1>so expert in this field. The film documenting his work

0:43:57.600 --> 0:44:01.360
<v Speaker 1>won an Academy Award, and we'll ask him the question

0:44:02.880 --> 0:44:07.480
<v Speaker 1>is there something wrong with this confession? In fact, we

0:44:07.640 --> 0:44:11.319
<v Speaker 1>know there is because we weren't the first people to

0:44:11.440 --> 0:44:15.759
<v Speaker 1>raise issue with it. Twenty five years ago, the same

0:44:15.840 --> 0:44:20.640
<v Speaker 1>questions were asked. Those questions were asked by a very

0:44:20.680 --> 0:44:24.480
<v Speaker 1>important person in this case and in the trial.

0:44:25.520 --> 0:44:26.040
<v Speaker 2>For now.

0:44:26.120 --> 0:44:28.680
<v Speaker 5>You can catch up on iTunes by typing in Curtain

0:44:28.719 --> 0:44:32.560
<v Speaker 5>the Podcast, or go to our website www dot Curtain

0:44:32.600 --> 0:44:33.960
<v Speaker 5>Thepodcast dot com.

0:44:34.440 --> 0:44:39.080
<v Speaker 4>Also follow us on Facebook and Twitter at Curtain the Podcast.

0:44:41.800 --> 0:44:44.080
<v Speaker 2>Join us next week for Curtain