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1
00:00:24,024 --> 00:00:26,693
We get flooded with letters
from all over the country.
2
00:00:29,279 --> 00:00:33,324
At least a couple of thousand letters
from incarcerated men and women a year.
3
00:00:43,168 --> 00:00:46,379
A lot of these people have been in prison
for two, three decades.
4
00:00:48,256 --> 00:00:49,299
They're out of time,
5
00:00:49,382 --> 00:00:51,009
and so they write to us.
6
00:00:56,431 --> 00:01:00,143
These letters all represent human beings
who are incarcerated,
7
00:01:00,226 --> 00:01:02,228
claiming to be wrongly convicted.
8
00:01:04,814 --> 00:01:07,442
In many respects,
we're the court of last resort.
9
00:01:15,700 --> 00:01:17,327
And we can't take every case.
10
00:01:18,578 --> 00:01:21,289
We can only take on
about 1% of the cases.
11
00:01:23,833 --> 00:01:26,586
I was convicted in 1983
for murder in the second degree...
12
00:01:26,669 --> 00:01:28,389
This is a case
of mistaken identity.
13
00:01:28,421 --> 00:01:31,841
- The law clerk gave me...
- ...20 years to life in prison
14
00:01:31,925 --> 00:01:33,760
for a crime I had nothing to do with.
15
00:01:33,843 --> 00:01:36,137
I was found guilty
and received life...
16
00:01:37,138 --> 00:01:39,349
I have been wrongfully imprisoned
for 18 years.
17
00:01:39,432 --> 00:01:41,601
My only hope
of proving my innocence...
18
00:01:41,684 --> 00:01:44,562
I hope this letter
will cause interest in my struggle.
19
00:01:44,646 --> 00:01:47,208
- Please help. Blood, skin...
- I feel beaten down.
20
00:01:47,232 --> 00:01:48,512
As God is my witness...
21
00:01:48,566 --> 00:01:50,401
I'm totally innocent of the crime.
22
00:02:00,995 --> 00:02:04,791
"Back in 1992, I was accused
of killing a three-year-old child,
23
00:02:04,874 --> 00:02:06,584
something I know I didn't do.
24
00:02:07,293 --> 00:02:10,088
I've been on death row
in Mississippi for five years,
25
00:02:10,171 --> 00:02:12,632
and I know
they have the wrong person locked up."
26
00:02:14,342 --> 00:02:17,345
This letter,
it was quite extraordinary.
27
00:02:22,725 --> 00:02:25,436
As you read any of these letters,
you have no idea
28
00:02:25,520 --> 00:02:29,816
about the the duration and density
of the journey before us.
29
00:02:30,441 --> 00:02:32,443
We have to have good models in place...
30
00:02:33,069 --> 00:02:34,988
And you become, frankly,
31
00:02:35,071 --> 00:02:38,700
more angry with how foul
the criminal justice system is.
32
00:02:40,326 --> 00:02:43,204
People in the crime lab
saying the tire prints match,
33
00:02:43,288 --> 00:02:46,583
the shoe prints match,
the hair matches,
34
00:02:47,041 --> 00:02:48,168
the bite marks match.
35
00:02:49,502 --> 00:02:51,421
Because of these unreliable methods,
36
00:02:51,838 --> 00:02:54,007
innocent people are going to prison.
37
00:02:55,758 --> 00:02:57,260
It's the whole profession.
38
00:02:57,343 --> 00:02:58,761
It's the whole system.
39
00:02:58,845 --> 00:03:00,305
It's the whole methodology.
40
00:03:01,514 --> 00:03:02,891
It's all junk.
41
00:04:42,949 --> 00:04:45,660
I don't remember a whole lot
about that night.
42
00:04:47,412 --> 00:04:48,496
I know...
43
00:04:48,997 --> 00:04:49,997
we were home.
44
00:04:51,541 --> 00:04:52,834
I am the oldest,
45
00:04:53,042 --> 00:04:55,211
and then was Courtney,
46
00:04:55,295 --> 00:04:57,130
and then there's Patria,
Patria's the baby.
47
00:05:00,216 --> 00:05:02,885
I remember that night.
Just a normal night,
48
00:05:02,969 --> 00:05:08,725
and I had gave all three of my kids a bath
and put them to bed, in my bed.
49
00:05:09,142 --> 00:05:12,061
I know the way the bed was positioned.
50
00:05:13,479 --> 00:05:14,689
It was pushed...
51
00:05:15,273 --> 00:05:17,650
up against the wall by a window.
52
00:05:18,568 --> 00:05:20,208
Me and my sisters have always been close,
53
00:05:20,236 --> 00:05:23,406
because we have shared the same room,
54
00:05:23,489 --> 00:05:25,074
same bed.
55
00:05:25,158 --> 00:05:27,327
Nothing unusual. We all slept together.
56
00:05:28,453 --> 00:05:32,123
My mom was there
and my oldest brother was there.
57
00:05:32,206 --> 00:05:34,083
He sleep-was asleep on the couch.
58
00:05:35,084 --> 00:05:37,879
I thought that they was safe and okay.
59
00:05:45,428 --> 00:05:47,263
Me and my best friend,
60
00:05:47,347 --> 00:05:48,765
we'd just get together
61
00:05:48,848 --> 00:05:50,850
and go to the club, you know?
62
00:06:04,947 --> 00:06:08,117
I remember waking up, because...
63
00:06:08,618 --> 00:06:11,204
I knew that Courtney was not there.
64
00:06:12,747 --> 00:06:13,915
She was gone.
65
00:06:18,669 --> 00:06:21,422
When I got home, my mom,
66
00:06:21,506 --> 00:06:23,883
she asked me, was Courtney with me?
67
00:06:23,966 --> 00:06:28,054
I said, "No, ma'am.
I thought she was here with you."
68
00:06:29,555 --> 00:06:32,683
That's when we realized
that Courtney was missing.
69
00:06:34,352 --> 00:06:35,853
And then we called the police.
70
00:06:41,025 --> 00:06:43,778
Everyone walked around, calling her name,
71
00:06:44,654 --> 00:06:46,823
knocking on different people's doors.
72
00:06:49,450 --> 00:06:50,618
She never turned up.
73
00:07:03,881 --> 00:07:07,093
We thank you, Lord,
and we pray now that you would look upon
74
00:07:07,176 --> 00:07:09,053
those that are here at this church.
75
00:07:09,512 --> 00:07:11,431
Lord, as we come together,
76
00:07:11,514 --> 00:07:13,724
to get strength for another week
77
00:07:14,100 --> 00:07:15,601
out into this world...
78
00:07:15,685 --> 00:07:17,812
I like it when tornadoes come through,
79
00:07:19,522 --> 00:07:21,732
because it causes
everybody to come together.
80
00:07:23,151 --> 00:07:25,069
If there's no tornado,
81
00:07:25,528 --> 00:07:27,697
there is a divided Mississippi still.
82
00:07:27,780 --> 00:07:30,074
There is a white Mississippi
and a black Mississippi.
83
00:07:32,118 --> 00:07:36,372
The majority of the people
in Noxubee County are low-income,
84
00:07:37,081 --> 00:07:38,207
predominately black.
85
00:07:40,042 --> 00:07:42,503
Mississippi has got a long way to go.
86
00:07:46,799 --> 00:07:48,676
It's not totally...
87
00:07:49,385 --> 00:07:50,595
separated,
88
00:07:50,678 --> 00:07:54,015
other than
the most segregated hour of the week
89
00:07:54,098 --> 00:07:56,100
being eleven o'clock on Sunday morning.
90
00:08:00,229 --> 00:08:03,566
You know, justice prevails
in Noxubee County on most cases,
91
00:08:03,649 --> 00:08:06,235
and I don't believe race figures into
92
00:08:06,319 --> 00:08:09,280
much of what goes on
in the courtroom up there today.
93
00:08:09,739 --> 00:08:13,451
But Noxubee County has a notorious,
horrible history.
94
00:08:13,951 --> 00:08:16,829
There have been many cases
from way back
95
00:08:17,246 --> 00:08:19,832
that blacks were mistreated horribly
in Mississippi.
96
00:08:31,594 --> 00:08:35,097
I was a Mississippi state trooper
after I got out of the Marine Corps.
97
00:08:38,017 --> 00:08:41,312
You know, the patrol was still
kind of like on the racist side
98
00:08:41,395 --> 00:08:44,357
with, you know,
discriminating against black troopers.
99
00:08:46,025 --> 00:08:48,069
So I ended up having to sue 'em
to get hired.
100
00:08:50,029 --> 00:08:51,197
They said I was too short.
101
00:08:53,032 --> 00:08:54,032
So...
102
00:09:04,544 --> 00:09:06,462
I can remember that night pretty good
103
00:09:06,546 --> 00:09:09,882
because we hardly ever have kids
come up missing.
104
00:09:21,561 --> 00:09:22,979
It was a small house.
105
00:09:24,355 --> 00:09:27,275
Kitchen, one bedroom, living room.
106
00:09:28,317 --> 00:09:31,070
It was an old house, so...
107
00:09:31,487 --> 00:09:32,487
it wasn't...
108
00:09:33,322 --> 00:09:35,074
so hard for somebody to come in.
109
00:09:42,873 --> 00:09:44,750
I don't think I slept that night.
110
00:09:45,084 --> 00:09:49,338
All I know is that morning
around six or something,
111
00:09:49,922 --> 00:09:51,757
Eichelberger said they found her.
112
00:09:54,552 --> 00:09:57,930
She actually was found,
it was just a straight shot from here
113
00:09:58,514 --> 00:10:00,057
going north to the pond.
114
00:10:02,143 --> 00:10:05,396
I remember
everyone was crowded around the pond.
115
00:10:06,522 --> 00:10:08,899
There was people and police.
116
00:10:09,775 --> 00:10:14,113
When they said they found her
it was just so horrifying.
117
00:10:29,962 --> 00:10:33,799
The crime scene was less than
a hundred yards from her residence.
118
00:10:36,636 --> 00:10:38,638
She was about 10 feet out there.
119
00:10:39,138 --> 00:10:41,557
She actually was found partially clothed,
120
00:10:42,141 --> 00:10:45,561
face down, and then the water
was down a little bit more too.
121
00:10:50,816 --> 00:10:54,362
Steven Hayne is
a forensic pathologist,
122
00:10:54,445 --> 00:10:56,005
and he worked with the state crime lab.
123
00:10:56,364 --> 00:11:00,409
And I think he was one of the go-to guys
for a lot of death cases in Mississippi.
124
00:11:01,827 --> 00:11:04,288
He noticed that
she'd been sexually assaulted.
125
00:11:05,373 --> 00:11:07,291
And something kind of unusual,
126
00:11:07,541 --> 00:11:09,669
some of the wounds
on Courtney Smith's body
127
00:11:09,752 --> 00:11:11,212
were made from bite marks.
128
00:11:12,838 --> 00:11:15,359
- How's it going today?
- Oh, doing all right. How you doing, sir?
129
00:11:15,383 --> 00:11:17,677
- Pretty good. Been quiet, or busy?
- Been pretty busy.
130
00:11:17,760 --> 00:11:20,471
Steven Hayne recruited
Dr. Michael West,
131
00:11:20,554 --> 00:11:23,057
a forensic dentist, on the case.
132
00:11:24,642 --> 00:11:27,019
I go to the morgue and examine this child.
133
00:11:27,728 --> 00:11:29,021
We photograph her,
134
00:11:29,105 --> 00:11:31,232
we do the standard evidence collection.
135
00:11:32,817 --> 00:11:34,485
Infant black female.
136
00:11:35,027 --> 00:11:38,239
Approximately three years old.
Raped, sodomized, strangled, dead.
137
00:11:40,241 --> 00:11:42,410
There were injuries all over this child.
138
00:11:44,578 --> 00:11:47,206
There was a bite mark
on the wrist of Courtney Smith.
139
00:11:50,334 --> 00:11:51,836
Courtney Smith,
140
00:11:52,753 --> 00:11:55,297
the first child homicide case
I ever worked.
141
00:11:57,591 --> 00:11:58,634
And...
142
00:11:58,718 --> 00:12:01,095
This was my first case
dealing with bite marks.
143
00:12:01,762 --> 00:12:03,931
So I ain't know anything about 'em.
144
00:12:06,016 --> 00:12:09,061
Bite mark evidence
was new at the time.
145
00:12:10,354 --> 00:12:11,522
You can compare...
146
00:12:11,897 --> 00:12:14,400
a bite mark on a victim
147
00:12:14,483 --> 00:12:17,862
to someone who literally is a perpetrator.
148
00:12:19,113 --> 00:12:21,031
Like fingerprints, for instance.
149
00:12:22,116 --> 00:12:24,452
They now have a link
150
00:12:25,119 --> 00:12:28,456
that they can pin straight to a suspect.
151
00:12:29,248 --> 00:12:31,292
Usually, you find in these...
152
00:12:32,543 --> 00:12:35,588
aggressive, violent, sexual attacks,
153
00:12:35,671 --> 00:12:37,965
that's where you'll find
a lot of bite marks.
154
00:12:40,134 --> 00:12:42,928
Don't really know if I'm qualified
to get into all the sociology,
155
00:12:43,012 --> 00:12:44,430
psychology of it.
156
00:12:45,514 --> 00:12:47,892
But they turn animalistic.
157
00:12:52,188 --> 00:12:56,817
Everybody that had access to the house
within the last 24 hours was picked up
158
00:12:57,610 --> 00:12:59,403
and processed as a suspect.
159
00:13:00,404 --> 00:13:02,948
They come back
with a list of 12 people.
160
00:13:04,408 --> 00:13:06,494
I go, "My God, I've never had this many."
161
00:13:07,870 --> 00:13:11,457
So, we took 12 sets of impressions
of these people's teeth.
162
00:13:16,837 --> 00:13:19,423
And actually,
you couldn't get any fingerprints
163
00:13:19,507 --> 00:13:21,258
or anything like that at the house.
164
00:13:22,927 --> 00:13:25,387
There wasn't no physical evidence
from the house.
165
00:13:28,057 --> 00:13:31,769
And so, Ashley Smith was
our primary witness here in this case.
166
00:13:32,770 --> 00:13:35,439
She wasn't all the way asleep.
She was laying there in the house
167
00:13:35,523 --> 00:13:38,275
when Courtney Smith
was picked up out of the bed.
168
00:13:39,944 --> 00:13:44,490
I was five years old,
and I don't remember a lot of it, but...
169
00:13:45,199 --> 00:13:48,536
I remember going to see Uncle Bunky,
to talk to him.
170
00:13:49,328 --> 00:13:51,247
I don't remember what we talked about,
171
00:13:51,539 --> 00:13:54,083
um, but I just remember going to see him.
172
00:13:56,961 --> 00:13:59,880
He's Uncle Bunky,
the host of Fun Time,
173
00:13:59,964 --> 00:14:02,675
a show he's been doing
for more than 30 years.
174
00:14:05,135 --> 00:14:08,055
Uncle Bunky
had this local television show
175
00:14:08,138 --> 00:14:09,765
where he would draw animals,
176
00:14:10,182 --> 00:14:13,227
and he would put weird parts
on the animals
177
00:14:13,310 --> 00:14:15,563
and ask the kids to identify the animals.
178
00:14:16,897 --> 00:14:19,859
In addition
to having his television show,
179
00:14:19,942 --> 00:14:23,571
he also had a side gig with
the Lowndes County Sheriff's Department.
180
00:14:24,280 --> 00:14:27,199
Deputy Bunky Williams
has a knack for drawing.
181
00:14:27,449 --> 00:14:30,202
It comes in handy
when he sketches crime scenes,
182
00:14:30,661 --> 00:14:31,661
a grim task.
183
00:14:32,037 --> 00:14:34,039
What better guy to use
184
00:14:34,123 --> 00:14:36,083
as an investigator
185
00:14:36,166 --> 00:14:39,336
that would question children
about what they've witnessed?
186
00:14:41,672 --> 00:14:45,426
All right, now,
this is Ashley, and what's your last name?
187
00:14:46,677 --> 00:14:48,053
Ashley Smith.
188
00:14:48,137 --> 00:14:52,099
And today is
September 23rd, 1990,
189
00:14:52,182 --> 00:14:55,853
and this is about... oh, 9:57. How's that?
190
00:14:55,936 --> 00:14:59,440
- I got my watch on, see?
- You got your watch? Okay.
191
00:14:59,523 --> 00:15:01,066
Now, then, write "Ashley" on that...
192
00:15:01,150 --> 00:15:04,862
Ashley was in the bed
the last time she saw Courtney.
193
00:15:05,571 --> 00:15:08,407
And so Uncle Bunky, Ashley and myself
194
00:15:09,825 --> 00:15:12,536
we were sitting there in the room
with a tape recorder.
195
00:15:13,412 --> 00:15:16,457
Now, write Ashley on
that paper so I know that you can write.
196
00:15:16,540 --> 00:15:18,042
Can you write numbers?
197
00:15:18,125 --> 00:15:22,171
Uncle Bunky says,
"You told me he had something in his ear.
198
00:15:22,254 --> 00:15:24,131
Do you remember what he looked like?"
199
00:15:24,924 --> 00:15:27,551
I said, "He had a quarter in his ear."
200
00:15:27,635 --> 00:15:29,637
He had a quarter in his...
201
00:15:30,804 --> 00:15:33,057
Uncle Bunky says,
"Like the earrings there?"
202
00:15:33,140 --> 00:15:35,535
- Like the earrings there?
- Yeah.
203
00:15:35,559 --> 00:15:36,727
And I said, "Yeah."
204
00:15:36,810 --> 00:15:38,646
An earring and a quarter.
205
00:15:39,396 --> 00:15:42,066
"An earring and a quarter."
206
00:15:42,149 --> 00:15:44,318
And a quarter? Really?
207
00:15:45,069 --> 00:15:46,069
Okay.
208
00:15:46,570 --> 00:15:49,281
What was that fellas name?
You said his name was what?
209
00:15:49,823 --> 00:15:50,699
Trevon.
210
00:15:50,783 --> 00:15:53,243
Chevon.
That's who came and got Courtney?
211
00:15:53,953 --> 00:15:54,953
Chevon.
212
00:15:55,496 --> 00:15:58,415
And Ashley's story
was backed up with Sonya.
213
00:15:59,458 --> 00:16:04,129
Eichelberger asked me
would I write a list of people that I knew
214
00:16:04,213 --> 00:16:07,216
that was around Courtney,
you know, at the time.
215
00:16:08,676 --> 00:16:11,679
Who'd you date then
that wear an earring in his ear?
216
00:16:12,638 --> 00:16:16,392
This guy I used to go with
to the Santa Barbara.
217
00:16:16,475 --> 00:16:19,478
He's the only one I know
got an earring in his ear.
218
00:16:19,561 --> 00:16:20,896
What's his name?
219
00:16:20,980 --> 00:16:22,481
Uh, Levon Brooks.
220
00:16:22,564 --> 00:16:23,684
Levon Brooks.
221
00:16:23,732 --> 00:16:24,732
Yeah.
222
00:16:33,033 --> 00:16:37,413
Eichelberger connected
a quarter in the ear to an earring,
223
00:16:37,913 --> 00:16:39,957
and then an earring led to Levon.
224
00:16:44,545 --> 00:16:47,715
When that crime happened,
I didn't understand what was going on.
225
00:16:49,174 --> 00:16:50,467
It was really rough.
226
00:16:52,261 --> 00:16:53,554
It was really rough.
227
00:16:55,055 --> 00:16:57,599
And I heard they wanted me to the jail
for questioning.
228
00:16:58,809 --> 00:17:02,646
So, I went all the way down
to the county jail and, uh,
229
00:17:02,730 --> 00:17:05,858
they told me they wanted me
for questioning on a murder charge.
230
00:17:06,692 --> 00:17:08,193
I said, "What murder charge?"
231
00:17:10,195 --> 00:17:12,865
What could you tell me
about the death of Courtney?
232
00:17:14,241 --> 00:17:16,081
I don't know nothing about that.
233
00:17:16,118 --> 00:17:17,411
Did you know her?
234
00:17:17,494 --> 00:17:19,663
Talking about that little girl?
I just saw her.
235
00:17:19,747 --> 00:17:21,627
When's the last time
you saw her?
236
00:17:21,665 --> 00:17:22,916
It's been a long time.
237
00:17:25,502 --> 00:17:29,381
I know something wrong because
of the questions that he was asking me.
238
00:17:29,465 --> 00:17:31,145
I said, "I was at the club Saturday night.
239
00:17:31,216 --> 00:17:33,510
All the people that was up there
could verify that."
240
00:17:38,599 --> 00:17:42,394
Levon worked at the club at night.
That was his job.
241
00:17:43,604 --> 00:17:46,273
Levon was a typical gentleman.
242
00:17:47,149 --> 00:17:50,444
He used to let me in the club free
because he liked me.
243
00:17:51,653 --> 00:17:52,813
You know like a relationship,
244
00:17:52,863 --> 00:17:54,783
if we get together, we get together,
or we don't.
245
00:17:54,823 --> 00:17:56,063
Back and forth, back and forth.
246
00:17:56,492 --> 00:17:57,659
That's how that was.
247
00:18:02,122 --> 00:18:04,249
Okay, what time
did you leave the club?
248
00:18:04,333 --> 00:18:05,333
That night?
249
00:18:05,584 --> 00:18:06,877
Okay, about 1:30.
250
00:18:09,797 --> 00:18:13,258
Levon did have witnesses
and alibis at the club.
251
00:18:14,384 --> 00:18:17,387
But the time frame that he's supposed
to have been at the club
252
00:18:17,471 --> 00:18:20,724
and the child come up missing
did not correspond.
253
00:18:39,660 --> 00:18:44,748
And Ashley described, you know,
Levon as a suspect to the T.
254
00:18:45,707 --> 00:18:47,793
And we got six pictures on here.
255
00:18:47,876 --> 00:18:50,504
And I'm going to let you
look at them pictures, okay?
256
00:18:51,046 --> 00:18:52,899
- And I want you to be sure now...
- I...
257
00:18:52,923 --> 00:18:55,563
Let me tell you why now.
Listen to me. Just a second.
258
00:18:55,634 --> 00:18:58,095
If you pick the wrong person, see,
259
00:18:58,804 --> 00:19:02,641
we might put somebody, you know, in jail
for hurting your sister that didn't do it,
260
00:19:02,724 --> 00:19:05,644
so I want to make sure
you know the right one, okay?
261
00:19:05,727 --> 00:19:08,188
Now, one of these men
you think hurt your sister,
262
00:19:08,272 --> 00:19:09,439
or took her out of the room.
263
00:19:10,149 --> 00:19:11,400
By the hand, right?
264
00:19:12,151 --> 00:19:14,236
And is his picture there?
265
00:19:19,032 --> 00:19:20,993
She picked him
out of the line-up.
266
00:19:23,412 --> 00:19:26,248
He had the earring in the left ear
as she described.
267
00:19:28,750 --> 00:19:31,712
That's how he ended up
being our primary suspect.
268
00:19:36,175 --> 00:19:38,051
Mr. Brooks,
269
00:19:38,135 --> 00:19:40,655
okay, so we're going to place you
under arrest for the suspicion
270
00:19:40,721 --> 00:19:42,347
of the death of Courtney.
271
00:19:42,431 --> 00:19:45,058
Until, you know,
we clear you of the matter,
272
00:19:45,142 --> 00:19:46,643
and then you'll be released.
273
00:19:56,945 --> 00:19:58,572
I built all this by myself.
274
00:20:01,366 --> 00:20:02,784
'Coons and stuff like that,
275
00:20:02,868 --> 00:20:04,953
I have seen them
on the back of the pen at night.
276
00:20:05,954 --> 00:20:08,707
But they can't get in the pen,
because it's got a top on it.
277
00:20:13,170 --> 00:20:14,838
I'm gon' show you my 'coon trap.
278
00:20:21,553 --> 00:20:22,553
To set 'em...
279
00:20:24,097 --> 00:20:25,349
To set 'em, I do this.
280
00:20:27,017 --> 00:20:29,102
Okay, see,
the corn is going to be right here.
281
00:20:29,186 --> 00:20:30,562
See, that's where I got my corn.
282
00:20:31,271 --> 00:20:32,773
When the 'coon walk in here,
283
00:20:33,273 --> 00:20:34,733
and walk on that right there,
284
00:20:37,819 --> 00:20:38,819
it locks.
285
00:20:44,868 --> 00:20:48,705
See I thought that I was going to
go down to the county jail,
286
00:20:48,789 --> 00:20:50,707
and by me coming in on my own
287
00:20:51,166 --> 00:20:53,846
that I was going to get through with
whatever they had questioned me
288
00:20:53,919 --> 00:20:55,379
and come back to my job.
289
00:20:58,548 --> 00:21:00,342
But that didn't happen.
290
00:21:04,930 --> 00:21:06,348
They did the teeth impression.
291
00:21:11,019 --> 00:21:14,982
The whole goal of bite mark analysis
is to eliminate an individual.
292
00:21:15,440 --> 00:21:19,987
If you can't eliminate, he gets closer
and closer and closer to a match.
293
00:21:21,363 --> 00:21:23,824
The closer and closer I look,
294
00:21:23,907 --> 00:21:25,492
the more he matches.
295
00:21:26,576 --> 00:21:29,788
Levon Brooks is a really good match.
296
00:21:33,250 --> 00:21:34,459
So the next day,
297
00:21:34,543 --> 00:21:36,420
Eichelberger told me
298
00:21:36,503 --> 00:21:40,257
that your teeth mark
matches the little girl.
299
00:21:42,509 --> 00:21:43,719
I was just so angry.
300
00:21:44,136 --> 00:21:46,805
I did nobody wrong.
I know I hadn't hurt nobody.
301
00:21:47,848 --> 00:21:50,851
"Why is they doing this?"
That's what I asked myself. "Why?"
302
00:21:59,609 --> 00:22:00,652
Man.
303
00:22:01,445 --> 00:22:02,445
Why Levon?
304
00:22:05,407 --> 00:22:07,784
You had a whole list of names,
305
00:22:08,493 --> 00:22:10,287
but you just stuck with Levon.
306
00:22:12,914 --> 00:22:15,792
Somebody else
doing something wrong round here.
307
00:22:20,964 --> 00:22:22,674
They always say,
308
00:22:22,758 --> 00:22:23,925
you don't question God.
309
00:22:25,427 --> 00:22:26,928
But I did.
310
00:22:30,057 --> 00:22:31,057
Why?
311
00:22:37,564 --> 00:22:41,318
Two hundred fifty potential jurors
were summoned for the Brooks case
312
00:22:41,401 --> 00:22:43,737
because of the notorious nature
of the charge.
313
00:22:43,820 --> 00:22:46,990
Thirty-two-year-old Levon Brooks
is charged with capital murder
314
00:22:47,532 --> 00:22:50,869
in the 1990 death
of three-year-old Courtney Smith.
315
00:22:51,036 --> 00:22:55,290
It's the first capital murder case
in Noxubee County for decades.
316
00:22:56,375 --> 00:22:59,753
I remember...
I got this summons for jury duty,
317
00:22:59,836 --> 00:23:02,589
and got to the courthouse,
or the courtroom,
318
00:23:02,672 --> 00:23:04,257
Levon was there.
319
00:23:04,758 --> 00:23:06,635
He was there with his lawyers.
320
00:23:07,677 --> 00:23:09,096
I knew his family,
321
00:23:09,179 --> 00:23:12,182
and I did not picture him as a criminal.
322
00:23:17,521 --> 00:23:21,191
When my great-great-grandfather
came back from the Civil War,
323
00:23:22,192 --> 00:23:23,944
he and his brother bought...
324
00:23:24,736 --> 00:23:27,072
970 acres.
325
00:23:28,740 --> 00:23:29,991
In my early youth,
326
00:23:30,075 --> 00:23:34,162
if you just looked out of the house
on a day in mid-summer,
327
00:23:34,621 --> 00:23:37,582
you could have been in the 1880s.
328
00:23:38,500 --> 00:23:40,585
You'd see ten, fifteen black people,
329
00:23:40,669 --> 00:23:43,588
there'd be a whole family
out there chopping cotton.
330
00:23:46,842 --> 00:23:50,595
Levon's family worked for my family.
331
00:23:52,097 --> 00:23:55,642
So, Levon and I,
we were friends from way back.
332
00:23:59,020 --> 00:24:01,606
Levon's house would have been
very similar to this one.
333
00:24:03,608 --> 00:24:05,694
Not much left of this old place.
334
00:24:19,124 --> 00:24:21,960
As kids, we played together,
we ate at the same table
335
00:24:22,043 --> 00:24:24,421
'cause Bos would come up to
my mother's house
336
00:24:24,504 --> 00:24:26,548
and she finna' cook food
and stuff like that.
337
00:24:26,631 --> 00:24:29,217
We'd sit and eat at the table
and talk and have fun.
338
00:24:29,342 --> 00:24:31,386
Ain't never had no misunderstanding.
339
00:24:34,431 --> 00:24:38,727
The racial divide
was always there, always present,
340
00:24:39,269 --> 00:24:40,312
but, you know,
341
00:24:40,395 --> 00:24:42,522
I never thought a thing about it,
you know?
342
00:24:42,606 --> 00:24:44,649
Just never thought about, you know,
343
00:24:44,733 --> 00:24:46,902
why is their house different
than our house? You know,
344
00:24:46,985 --> 00:24:48,236
just...
345
00:24:48,320 --> 00:24:51,531
You know, kids, you just accept what is.
346
00:24:56,161 --> 00:24:57,913
I remember thinking,
347
00:24:57,996 --> 00:25:01,958
"There's just no chance
they're going to pick me for the jury."
348
00:25:02,042 --> 00:25:03,084
But...
349
00:25:03,168 --> 00:25:07,130
I think the district attorney
probably chose me because I was white,
350
00:25:07,214 --> 00:25:11,593
thinking that that would mean I would be
more likely to convict a black person,
351
00:25:12,010 --> 00:25:15,305
and the defense people say,
"Well, he's known this kid all his life,
352
00:25:15,388 --> 00:25:17,307
he's not going to convict him."
353
00:25:17,390 --> 00:25:20,477
So I was... caught both ways.
354
00:25:24,064 --> 00:25:25,982
Bos is a kind of fair man.
355
00:25:27,317 --> 00:25:29,486
I felt like at the courthouse
356
00:25:30,987 --> 00:25:33,073
he gon' give-
he gon' give me a fair shake.
357
00:25:38,370 --> 00:25:42,123
So this was a huge trial.
Everybody was talking about it.
358
00:25:42,207 --> 00:25:45,047
Everybody's watching now to find out
what's going to happen to this guy.
359
00:25:45,085 --> 00:25:46,378
Is he really the one
360
00:25:46,962 --> 00:25:50,215
who, uh, did this horrible thing
to Courtney?
361
00:25:51,216 --> 00:25:55,095
For the first 20 years
that I covered court in Noxubee County,
362
00:25:56,221 --> 00:25:59,683
Forrest Allgood would always be
the prosecutor on the big cases.
363
00:26:01,101 --> 00:26:03,937
A capital murder is a murder
that's committed in the course
364
00:26:04,020 --> 00:26:06,815
of another one of several felonies
that are enumerated.
365
00:26:06,898 --> 00:26:08,608
In this particular instance,
366
00:26:08,692 --> 00:26:11,736
it is charged that
he committed this homicide
367
00:26:11,820 --> 00:26:14,781
while he was in the course
of sexually battering this child.
368
00:26:16,283 --> 00:26:18,952
You had several things
that fell together.
369
00:26:20,078 --> 00:26:21,496
You had an eyewitness
370
00:26:22,455 --> 00:26:26,543
who said, "That's the guy
who came in and carried my sister off."
371
00:26:27,877 --> 00:26:31,548
You had the fact that
Brooks knew the victim.
372
00:26:32,507 --> 00:26:34,426
And that he was familiar with that house.
373
00:26:35,427 --> 00:26:37,721
Then you had the bite marks, also.
374
00:26:38,471 --> 00:26:41,516
So all the pieces that we were gathering
375
00:26:42,183 --> 00:26:43,183
fit in.
376
00:26:43,810 --> 00:26:44,811
They matched.
377
00:26:46,021 --> 00:26:49,149
Forrest is a very effective DA.
378
00:26:49,774 --> 00:26:54,237
Very persuasive, and he has something
of a Southern preacher in him.
379
00:26:55,363 --> 00:26:58,158
His opening statement was pretty powerful.
380
00:27:23,808 --> 00:27:26,227
After that,
I looked at Levon a little differently.
381
00:27:27,187 --> 00:27:28,187
I mean,
382
00:27:28,563 --> 00:27:31,066
wow, you know, that was impressive. Uh...
383
00:27:31,816 --> 00:27:33,526
Dang, maybe he did do it.
384
00:27:37,947 --> 00:27:39,157
I remember...
385
00:27:39,991 --> 00:27:42,118
being on the stand.
386
00:27:42,202 --> 00:27:47,290
I remember them telling me
to point out who I knew,
387
00:27:48,750 --> 00:27:50,794
and I remember pointing to Levon.
388
00:27:54,214 --> 00:27:57,801
And, of course,
Levon had been around our house,
389
00:27:58,551 --> 00:27:59,551
so...
390
00:28:00,178 --> 00:28:01,763
that's who I had seen.
391
00:28:03,765 --> 00:28:07,060
She was convinced that
Levon had been the one
392
00:28:07,143 --> 00:28:10,105
to come in that house
and take her sister out.
393
00:28:11,231 --> 00:28:14,317
She was the only person
who had witnessed any part of it.
394
00:28:17,070 --> 00:28:19,114
In the trial of Levon Brooks,
395
00:28:19,656 --> 00:28:22,742
I was asked by the prosecutor,
Forrest Allgood,
396
00:28:22,826 --> 00:28:25,120
were there any areas of his dentition
397
00:28:25,203 --> 00:28:26,663
that were unique?
398
00:28:27,872 --> 00:28:28,872
"Yes.
399
00:28:29,499 --> 00:28:31,835
The cutting edges of Levon's teeth
400
00:28:31,918 --> 00:28:34,254
have very definite fractures and bevels.
401
00:28:35,088 --> 00:28:38,258
They come down in an angle
and curve almost like an L..."
402
00:28:38,925 --> 00:28:41,094
On one tooth he has a chip...
403
00:28:41,469 --> 00:28:44,639
which has a scalloped out area
with a sharp edge.
404
00:28:45,432 --> 00:28:48,351
the patterns that I saw in my photographs
405
00:28:48,435 --> 00:28:50,437
were highly consistent with...
406
00:28:50,854 --> 00:28:54,983
the flaws and patterns that I found
on the backside of Levon's teeth."
407
00:28:57,068 --> 00:29:00,071
He was adamant about being right.
408
00:29:01,072 --> 00:29:04,075
It was pretty clear
that West wanted you to believe
409
00:29:04,159 --> 00:29:06,828
that he had the smoking gun
there in his hand.
410
00:29:06,911 --> 00:29:08,747
District attorney Forrest Allgood
411
00:29:08,830 --> 00:29:10,874
says the bite mark expert
was a key witness.
412
00:29:11,291 --> 00:29:14,836
Using a doll, Dr. West demonstrated
that Courtney held her arm
413
00:29:14,919 --> 00:29:18,006
in a defensive position
in front of her face when it was bitten.
414
00:29:18,506 --> 00:29:22,427
This is not random,
this is not a coincidence.
415
00:29:22,969 --> 00:29:24,345
It was this man,
416
00:29:25,180 --> 00:29:27,682
indeed and without any doubt.
417
00:29:29,184 --> 00:29:31,144
After the prosecution rested its case,
418
00:29:31,227 --> 00:29:34,314
the defense moved for a mistrial
on numerous grounds,
419
00:29:34,397 --> 00:29:38,735
including their claim that they didn't
have access to Ashley before she testified
420
00:29:38,818 --> 00:29:40,904
and that, in their opinion, Ashley,
421
00:29:40,987 --> 00:29:43,072
who was five years old
at the time of the murder,
422
00:29:43,156 --> 00:29:45,617
is too young to be a good witness now.
423
00:29:45,700 --> 00:29:46,868
Their motion was denied,
424
00:29:46,951 --> 00:29:48,828
and now the defense
is presenting its case,
425
00:29:48,912 --> 00:29:50,330
calling its own witnesses.
426
00:29:51,831 --> 00:29:55,794
I was called to testify by the defense.
427
00:29:57,295 --> 00:29:59,839
Did I think that he would do this?
I said no.
428
00:29:59,923 --> 00:30:02,091
You know. That's all I said.
429
00:30:06,054 --> 00:30:09,557
Forrest's closing argument
was very eloquent,
430
00:30:10,099 --> 00:30:11,392
it was forceful,
431
00:30:11,476 --> 00:30:15,396
and it brought all the pieces together
into a coherent story.
432
00:30:15,480 --> 00:30:17,315
It was very well done,
433
00:30:17,398 --> 00:30:21,277
and much outclassed
the defense version of events.
434
00:30:26,574 --> 00:30:28,493
I was astonished to be chosen foreman,
435
00:30:28,576 --> 00:30:32,789
because I think there were
seven blacks and five whites, and, uh,
436
00:30:33,540 --> 00:30:36,709
I just figured it would be
one of the black guys.
437
00:30:36,793 --> 00:30:39,003
One of the black girls, even,
I don't know.
438
00:30:44,551 --> 00:30:46,344
In the jury room, yeah, I...
439
00:30:46,427 --> 00:30:48,763
I probably was, by this time,
440
00:30:48,847 --> 00:30:50,557
pretty much convinced that, uh,
441
00:30:51,683 --> 00:30:53,560
you know, Levon, as much as I...
442
00:30:54,352 --> 00:30:56,980
didn't want to believe it,
had done this thing.
443
00:30:59,732 --> 00:31:02,360
We filed back into the courtroom,
444
00:31:02,443 --> 00:31:04,362
and I'm sitting on the corner.
445
00:31:04,737 --> 00:31:07,156
The judge said, "What is your verdict?"
446
00:31:07,240 --> 00:31:09,951
And I said,
"We find the defendant guilty."
447
00:31:17,792 --> 00:31:19,627
When they found him guilty,
448
00:31:19,711 --> 00:31:20,920
everybody was like...
449
00:31:21,337 --> 00:31:25,091
"No!"
Like, a big blur came out of everybody.
450
00:31:26,175 --> 00:31:30,138
I guess I just...
basically just cried, hollered.
451
00:31:38,146 --> 00:31:41,816
I just held my head down in disbelief.
I couldn't even believe that.
452
00:31:42,984 --> 00:31:45,528
I held my head down
like this, this, this, this.
453
00:31:45,904 --> 00:31:48,448
They asked him,
did he have anything to say?
454
00:31:49,741 --> 00:31:50,575
He said...
455
00:31:50,658 --> 00:31:53,536
"I know y'all convict me
for capital murder,
456
00:31:54,412 --> 00:31:55,496
but I didn't do it."
457
00:31:56,164 --> 00:31:58,875
Them the only words that I said,
and I sat down.
458
00:32:02,837 --> 00:32:05,465
Then they started
the sentencing phase.
459
00:32:06,424 --> 00:32:10,595
Several members of the family got up
and pleaded for his life.
460
00:32:11,721 --> 00:32:15,016
My mom, she tried to get on the stand
to say something.
461
00:32:16,059 --> 00:32:18,353
She was so tore up behind me being...
462
00:32:19,395 --> 00:32:20,395
sentenced.
463
00:32:20,939 --> 00:32:22,899
It really hurt me to see her up there.
464
00:32:24,817 --> 00:32:26,945
The pain that I went through...
465
00:32:38,289 --> 00:32:39,624
...to see her like that.
466
00:32:46,255 --> 00:32:48,925
When we came back out
and made the announcement
467
00:32:49,008 --> 00:32:50,760
of life imprisonment,
468
00:32:50,843 --> 00:32:54,138
as opposed to a death sentence,
469
00:32:54,889 --> 00:32:57,058
that was a relief.
470
00:33:15,743 --> 00:33:18,913
I can't understand
how all this here happened.
471
00:33:21,749 --> 00:33:23,668
I didn't-
I didn't understand none of that.
472
00:33:26,421 --> 00:33:28,548
I know a lot of people
that got railroaded.
473
00:33:31,134 --> 00:33:32,552
That's what happened to me.
474
00:33:33,928 --> 00:33:35,179
A nightmare.
475
00:33:40,727 --> 00:33:42,061
I said, "This ain't good."
476
00:33:54,949 --> 00:33:57,910
And I'll never forget,
I'll never forget what night that was,
477
00:34:00,371 --> 00:34:02,081
so I know that he didn't do that.
478
00:34:02,165 --> 00:34:05,084
He didn't do that 'cause he said,
when they had the hearing,
479
00:34:05,168 --> 00:34:07,587
he told my mom, he said, "Momma,"
he said, "I ain't do that."
480
00:34:07,670 --> 00:34:09,839
He just started crying.
He said, "I didn't do it."
481
00:34:10,757 --> 00:34:15,511
He was a scapegoat. That's all he was.
They needed somebody to take that charge,
482
00:34:15,595 --> 00:34:17,764
- and he was a scapegoat.
- Yeah. Mm-hmm.
483
00:34:20,391 --> 00:34:21,391
Hey.
484
00:34:21,809 --> 00:34:24,353
You look at the system back then,
485
00:34:25,855 --> 00:34:28,357
he ain't have the money to fight it,
so they...
486
00:34:28,775 --> 00:34:30,526
Back then, they ain't had DNA...
487
00:34:30,610 --> 00:34:31,944
Yeah.
488
00:34:32,028 --> 00:34:33,738
And so he was the scapegoat.
489
00:34:34,989 --> 00:34:36,282
And it's messed up.
490
00:34:36,991 --> 00:34:39,327
It's really messed up,
because it's not fair.
491
00:34:39,410 --> 00:34:41,746
He's been convicted for something
that he didn't do.
492
00:34:41,829 --> 00:34:45,708
Yeah, you know, it's not fair,
'cause white folks make the rules.
493
00:34:47,585 --> 00:34:50,463
And... Hey, that's the truth.
Now, I ain't gonna lie about it.
494
00:34:50,546 --> 00:34:51,586
That is the truth.
495
00:34:51,631 --> 00:34:53,758
If you got a problem
about me saying that,
496
00:34:53,841 --> 00:34:55,218
I wouldn't really give a shit.
497
00:34:55,802 --> 00:34:57,970
But white folks make the damn rules.
498
00:34:59,263 --> 00:35:01,575
- Yeah.
- They say... It's supposed to be,
499
00:35:01,599 --> 00:35:05,603
the law says, "Hey,
you're innocent till proven guilty,"
500
00:35:05,686 --> 00:35:07,063
but, shit!
501
00:35:07,605 --> 00:35:09,774
I don't know
where they got that shit from.
502
00:35:14,278 --> 00:35:15,279
Who next?
503
00:35:30,044 --> 00:35:32,547
This is a copy
of my professional résumé.
504
00:35:33,089 --> 00:35:35,174
It's 28 pages long.
505
00:35:35,925 --> 00:35:38,094
Usually when I submit it
to the court or attorneys,
506
00:35:38,177 --> 00:35:40,096
they go,
"We've never seen anything this big."
507
00:35:40,179 --> 00:35:41,973
I say, "Well, this is my story."
508
00:35:43,641 --> 00:35:46,227
"I was a student
at the LSU School of Dentistry.
509
00:35:46,769 --> 00:35:48,646
Took the class on forensic dentistry
510
00:35:48,729 --> 00:35:52,233
at the Armed Forces Institute of Pathology
in Washington, DC.
511
00:35:52,984 --> 00:35:56,362
I then started going to
the American Academy of Forensic Science.
512
00:35:57,655 --> 00:36:00,158
Twenty-nine years in death investigation.
513
00:36:00,700 --> 00:36:02,618
Fifteen years in the coroner's office.
514
00:36:03,161 --> 00:36:05,955
Five years as coroner,
Chief Medical Examiner.
515
00:36:06,038 --> 00:36:09,250
I've investigated over 5,200 deaths,
516
00:36:09,333 --> 00:36:12,253
attended over 5,800 autopsies.
517
00:36:12,336 --> 00:36:14,630
analyzed over 300 bite marks."
518
00:36:16,799 --> 00:36:20,511
Mike West was a pioneer in the field
of forensic odontology at that time.
519
00:36:25,558 --> 00:36:27,810
He's having somebody bite him.
520
00:36:31,564 --> 00:36:34,734
And excising the mark from his arm.
521
00:36:34,817 --> 00:36:36,777
That's what I wanted, buddy,
thank you.
522
00:36:36,819 --> 00:36:40,072
His own arm. To show, at a cellular level,
523
00:36:40,781 --> 00:36:42,783
how accurate this discipline is.
524
00:36:43,367 --> 00:36:47,538
I find it kind of embarrassing
to repeat over and over...
525
00:36:48,164 --> 00:36:50,166
my credentials.
526
00:36:50,249 --> 00:36:53,336
Personally, it sounds like
I'm, you know, blowing my own horn,
527
00:36:54,170 --> 00:36:57,131
but I must, you know,
present these things in an open court.
528
00:36:58,132 --> 00:36:59,884
Bite marks are better than fingerprints,
529
00:36:59,967 --> 00:37:01,847
'cause they not only show
that you were present,
530
00:37:02,386 --> 00:37:04,931
they show you were
in a violent confrontation
531
00:37:05,014 --> 00:37:06,182
with that individual.
532
00:37:07,183 --> 00:37:08,183
All right.
533
00:37:09,894 --> 00:37:10,894
Proceed.
534
00:37:17,526 --> 00:37:21,030
My expertise in court
went beyond dentistry.
535
00:37:23,032 --> 00:37:25,952
I had studied crime-scene analysis,
536
00:37:26,035 --> 00:37:27,787
crime-scene reconstruction.
537
00:37:28,579 --> 00:37:29,859
When you're ready, splatter him.
538
00:37:32,833 --> 00:37:34,543
Gunshot-residue analysis,
539
00:37:34,627 --> 00:37:36,963
bloodstain-pattern analysis.
540
00:37:37,046 --> 00:37:40,258
It's hydrodynamics, fluid under pressure.
541
00:37:41,842 --> 00:37:43,469
Looking at these patterns,
542
00:37:43,552 --> 00:37:45,680
you can go back and reconstruct,
543
00:37:45,763 --> 00:37:47,139
to the best of our ability,
544
00:37:47,473 --> 00:37:49,058
this is what happened
545
00:37:49,475 --> 00:37:50,768
at a crime scene.
546
00:37:56,315 --> 00:37:57,835
As one of our featured speakers,
547
00:37:57,900 --> 00:38:00,695
we're going to ask Dr. West
to join us in this photograph.
548
00:38:01,362 --> 00:38:03,698
How did I become an expert
in these fields?
549
00:38:03,781 --> 00:38:05,491
Simply, I studied.
550
00:38:06,784 --> 00:38:09,328
I attended seminars on presentations.
551
00:38:09,829 --> 00:38:12,290
I took certifying classes and passed.
552
00:38:13,040 --> 00:38:15,251
It's not rocket science.
553
00:38:16,752 --> 00:38:19,088
This is a compression bite mark...
554
00:38:19,630 --> 00:38:22,550
His casework and research
in forensic odontology
555
00:38:22,633 --> 00:38:24,093
is noted around the world.
556
00:38:24,176 --> 00:38:26,095
Please join me in welcoming Dr. West.
557
00:38:29,849 --> 00:38:31,017
All talents,
558
00:38:32,268 --> 00:38:36,647
all gifts that I possess
are directed straightly from God.
559
00:38:37,690 --> 00:38:39,692
And I feel that it is a good fight,
560
00:38:39,775 --> 00:38:41,777
and that is what I am here to do,
561
00:38:41,861 --> 00:38:43,112
to fight this battle.
562
00:38:44,697 --> 00:38:46,824
Man's inhumanity to man.
563
00:39:25,237 --> 00:39:29,033
Two days of searching in rural
Noxubee County had turned up no clues
564
00:39:29,116 --> 00:39:31,660
in the disappearance
of three-year-old Christina Jackson.
565
00:39:31,744 --> 00:39:35,289
Her mother, Gloria Jackson,
and her mother's boyfriend, Kenny Brewer,
566
00:39:35,373 --> 00:39:37,416
reported the child missing Sunday.
567
00:39:37,500 --> 00:39:40,127
Authorities say the house
was locked from the inside,
568
00:39:40,211 --> 00:39:43,923
but Jackson says she and her boyfriend
don't know how the girl got out
569
00:39:44,006 --> 00:39:45,549
or where she is.
570
00:39:45,633 --> 00:39:49,178
There was a window broken out
that had been broken out for a while,
571
00:39:49,261 --> 00:39:50,261
and...
572
00:39:50,763 --> 00:39:54,266
So we really don't know at this time
how she got out of the house
573
00:39:54,350 --> 00:39:56,102
or what happened.
574
00:39:57,686 --> 00:40:01,357
We started a massive search
in the community looking for the child.
575
00:40:02,691 --> 00:40:04,735
We brought in the dog team,
576
00:40:04,819 --> 00:40:08,406
and each time the dog would go
down to the creek and they would hit,
577
00:40:08,489 --> 00:40:09,573
and they would stop.
578
00:40:11,075 --> 00:40:14,286
The thickness of the woods,
you couldn't get through there.
579
00:40:23,421 --> 00:40:26,841
We took the helicopter to hover over
the water and circulate the water
580
00:40:26,924 --> 00:40:28,092
and brought her to the top.
581
00:40:35,891 --> 00:40:38,227
Christine Jackson was found
582
00:40:38,310 --> 00:40:39,770
floating in a body of water.
583
00:40:40,980 --> 00:40:42,815
And she had been sexually assaulted.
584
00:40:45,484 --> 00:40:48,487
We've never heard of this happening
in this community before and then, boom,
585
00:40:48,571 --> 00:40:50,406
you've got two of them right back-to-back.
586
00:40:52,450 --> 00:40:55,953
And then they said the little girl
had bite marks,
587
00:40:56,704 --> 00:40:59,290
exactly the same like in my case.
588
00:41:00,624 --> 00:41:01,750
How can this be?
589
00:41:02,209 --> 00:41:03,961
That's what they had in the paper.
590
00:41:05,212 --> 00:41:06,505
Because I didn't do it.
591
00:41:08,424 --> 00:41:09,842
I was locked up.
592
00:41:12,761 --> 00:41:15,181
When I read about this new crime,
593
00:41:15,264 --> 00:41:16,891
you know, there are bite marks,
594
00:41:16,974 --> 00:41:20,227
it's like the same...
it's like, "same song, second verse."
595
00:41:21,353 --> 00:41:22,897
What? The same thing?
596
00:41:23,606 --> 00:41:26,775
And I said, "Why is Levon locked up,
597
00:41:26,901 --> 00:41:28,444
and this done happened again?
598
00:41:28,527 --> 00:41:30,738
So that means Levon didn't do it."
599
00:41:35,284 --> 00:41:39,371
With this new investigation,
you have the same players here.
600
00:41:40,539 --> 00:41:43,584
You've got Dr. Hayne,
the medical examiner.
601
00:41:45,377 --> 00:41:47,922
You've got Forrest Allgood, the D.A.
602
00:41:49,715 --> 00:41:52,426
If we can't protect our children,
for crying out loud,
603
00:41:52,510 --> 00:41:54,178
what the devil are we doing here?
604
00:41:54,803 --> 00:41:55,803
What's the point?
605
00:41:56,138 --> 00:41:58,390
So you had a replay
in that respect,
606
00:41:59,099 --> 00:42:04,271
in that you had both Hayne
giving his opinion that there were marks
607
00:42:04,897 --> 00:42:08,692
and, "Gee, they look like they might be
bite marks to me,"
608
00:42:08,776 --> 00:42:11,278
and deferring to West,
and then West once again
609
00:42:11,362 --> 00:42:15,366
identifies a bunch of different areas
of bite marks on the child.
610
00:42:18,118 --> 00:42:19,537
Most of us involved...
611
00:42:20,955 --> 00:42:26,001
thought it was a copycat-type situation.
612
00:42:29,421 --> 00:42:32,132
Two days later, after her body was found,
613
00:42:32,967 --> 00:42:34,468
her mother's boyfriend,
614
00:42:34,552 --> 00:42:36,845
Kennedy Brewer,
immediately became the suspect.
615
00:42:41,559 --> 00:42:43,561
You've got to understand
the scenario.
616
00:42:45,062 --> 00:42:48,482
We know Kennedy Brewer
was with Christine Jackson
617
00:42:48,566 --> 00:42:50,442
inside that house that night.
618
00:42:51,318 --> 00:42:56,198
When Gloria Jackson comes back
into that particular dwelling that night,
619
00:42:56,699 --> 00:42:58,617
Gloria and Kennedy Brewer,
620
00:42:58,951 --> 00:43:02,621
they both get into bed themselves
and sleep.
621
00:43:03,080 --> 00:43:05,291
And it's not until 7:30 in the morning
622
00:43:05,916 --> 00:43:09,670
when she discovers that Christine
had already disappeared from the house.
623
00:43:14,800 --> 00:43:16,343
It was a locked-room mystery.
624
00:43:17,428 --> 00:43:19,096
And it is difficult for me
625
00:43:19,179 --> 00:43:21,390
to understand how the child
got out of that house
626
00:43:21,473 --> 00:43:22,975
without Brewer's assistance.
627
00:43:24,852 --> 00:43:26,812
The child's grandmother,
Liana Jackson,
628
00:43:26,895 --> 00:43:28,397
told us the day of the disappearance
629
00:43:28,480 --> 00:43:31,775
she believed Brewer knew
what happened to Christina that night.
630
00:43:31,859 --> 00:43:32,943
He raped her,
631
00:43:33,777 --> 00:43:37,531
and took her out and probably threw her
in the pool or something like that.
632
00:43:42,745 --> 00:43:45,497
What's that?
That's Mommy with the video camera.
633
00:43:46,999 --> 00:43:50,252
I was a part-time public defender
634
00:43:50,628 --> 00:43:54,340
when I was appointed
to represent Kennedy Brewer.
635
00:43:55,382 --> 00:43:58,218
My daughter was a toddler
at that point in time, and, uh,
636
00:43:58,677 --> 00:44:00,554
I'd had a really hard time.
637
00:44:01,430 --> 00:44:06,143
It's just impossible not to be
super upset with what was done,
638
00:44:08,395 --> 00:44:11,523
what somebody did to that child.
639
00:44:14,693 --> 00:44:17,946
Kennedy Brewer
insisted that he was innocent.
640
00:44:19,031 --> 00:44:21,784
I'd handled enough cases by then
641
00:44:21,867 --> 00:44:26,538
not for that to have
a hugely remarkable effect on me.
642
00:44:26,622 --> 00:44:28,499
A lot of people say they're innocent.
643
00:44:29,333 --> 00:44:32,670
Kennedy gave
a pretty ludicrous explanation.
644
00:44:32,795 --> 00:44:36,965
He speculated that maybe
somebody crawled through a window
645
00:44:37,049 --> 00:44:39,051
and took Christine.
646
00:44:43,472 --> 00:44:49,228
But then we did take a plea agreement from
the District Attorney's office to Kennedy.
647
00:44:50,270 --> 00:44:53,941
He turned it down flat,
which is interesting. Uh...
648
00:44:54,400 --> 00:44:58,654
He would not entertain
any idea of pleading guilty.
649
00:44:59,446 --> 00:45:03,325
And I think I realized right then
that we might...
650
00:45:04,493 --> 00:45:06,995
really and truly have a situation
651
00:45:07,079 --> 00:45:11,542
where an innocent man
had a chance to be not only convicted,
652
00:45:12,292 --> 00:45:14,128
but get the death penalty.
653
00:45:21,844 --> 00:45:24,388
Before anybody even know
what really had happened,
654
00:45:24,972 --> 00:45:26,640
I knew that I'm innocent.
655
00:45:28,225 --> 00:45:31,103
I knew they got me wrong.
They got all this wrong.
656
00:45:31,729 --> 00:45:35,399
I didn't commit no crime like that.
I didn't commit no crime at all.
657
00:45:38,569 --> 00:45:41,739
Noxubee County Jail,
they didn't look no further than me.
658
00:45:42,406 --> 00:45:45,409
They didn't try to question nobody else
or nothin'. Just me.
659
00:45:46,952 --> 00:45:49,997
Now, if you were a police or investigator,
or whatever,
660
00:45:50,080 --> 00:45:51,720
anybody could've put two and two together
661
00:45:51,749 --> 00:45:54,126
and know that them crimes
are similar to one another.
662
00:45:55,544 --> 00:45:56,544
No,
663
00:45:56,879 --> 00:45:58,338
never did put it together.
664
00:46:01,925 --> 00:46:04,887
Then Dr. Michael West,
he just sat me in a room.
665
00:46:05,512 --> 00:46:06,638
He came in there,
666
00:46:07,306 --> 00:46:11,101
put this stuff like clay over your mouth,
and you bite down on it.
667
00:46:11,185 --> 00:46:12,185
That was it.
668
00:46:19,109 --> 00:46:23,238
Dr. Michael West decided that there were,
669
00:46:23,322 --> 00:46:26,575
I believe, 19 human bite marks
670
00:46:26,658 --> 00:46:27,658
on that body.
671
00:46:28,535 --> 00:46:31,955
The language that he used
to express his opinion
672
00:46:32,039 --> 00:46:35,292
was something I'd never heard
a professional use.
673
00:46:36,084 --> 00:46:39,379
"The bite marks found
on the body of Christine Jackson
674
00:46:39,463 --> 00:46:42,883
were indeed and without doubt
675
00:46:43,217 --> 00:46:46,094
inflected by Kennedy Brewer."
676
00:46:46,929 --> 00:46:48,096
You know, that's pretty...
677
00:46:48,764 --> 00:46:51,099
pretty bold proclamation.
678
00:46:51,600 --> 00:46:54,228
"Indeed and without doubt."
679
00:46:58,357 --> 00:47:00,818
Okay, now,
I've got the tape recorder going here.
680
00:47:03,695 --> 00:47:05,989
This is actually the video I shot
681
00:47:06,782 --> 00:47:08,200
of Christina Jackson.
682
00:47:08,784 --> 00:47:11,745
We have dental molds
of Mr. Brewer's teeth,
683
00:47:12,162 --> 00:47:14,957
and we're comparing them
directly to the tissue
684
00:47:15,040 --> 00:47:18,168
and injuries on Miss Jackson's body.
685
00:47:18,961 --> 00:47:20,587
We're doing a direct comparison.
686
00:47:23,924 --> 00:47:25,968
What we're trying to illustrate here,
687
00:47:26,051 --> 00:47:29,596
how would this man
have to bite this little girl's arm?
688
00:47:30,264 --> 00:47:32,724
And you orient the teeth in that position.
689
00:47:32,808 --> 00:47:35,060
You set them just juxtaposed
690
00:47:35,143 --> 00:47:37,271
so you can see
the leading edges of the teeth
691
00:47:37,354 --> 00:47:39,106
and the leading edges of the injury.
692
00:47:39,189 --> 00:47:40,566
Great, do it again.
693
00:47:42,734 --> 00:47:44,820
He would take a dental mold
694
00:47:44,903 --> 00:47:48,073
and he would hold it against the body
695
00:47:48,740 --> 00:47:50,325
and make a declaration.
696
00:47:51,326 --> 00:47:52,369
Is it a match?
697
00:47:55,247 --> 00:47:58,500
I always thought this case
had a high degree of correlation
698
00:47:58,584 --> 00:48:00,419
between Kennedy Brewer's teeth
699
00:48:00,669 --> 00:48:02,713
and her injuries.
700
00:48:04,965 --> 00:48:07,259
The state had this bite mark evidence,
701
00:48:07,342 --> 00:48:09,845
and that was the main part of their case.
702
00:48:10,637 --> 00:48:14,600
It can be devastating evidence
to overcome if it's not rebutted.
703
00:48:15,642 --> 00:48:19,021
So I went to the court and I said,
"I've got to have a dental expert.
704
00:48:19,104 --> 00:48:21,315
I've got to have a forensic odontologist."
705
00:48:23,984 --> 00:48:28,780
And we wound up with a Dr. Souviron
from South Florida.
706
00:48:29,615 --> 00:48:31,735
Would you please state your name
for the record?
707
00:48:32,117 --> 00:48:33,535
My name is Richard Souviron.
708
00:48:33,619 --> 00:48:38,624
Dr. Souviron's claim to fame
was the serial killer Ted Bundy.
709
00:48:38,707 --> 00:48:39,750
And what is that?
710
00:48:39,833 --> 00:48:42,336
This is a stone cast
of Mr. Bundy's upper teeth.
711
00:48:43,045 --> 00:48:45,964
The Ted Bundy case,
it was the biggest
712
00:48:46,048 --> 00:48:49,343
and most famous of any
of the bite mark cases to date.
713
00:48:49,426 --> 00:48:51,261
...in order to make an analysis.
714
00:48:51,345 --> 00:48:53,805
It brought bite mark analysis
715
00:48:54,306 --> 00:48:55,515
to the public's view.
716
00:48:55,724 --> 00:48:59,186
It also left a mark
towards the distal edge of that tooth.
717
00:48:59,269 --> 00:49:02,064
And my idol in forensic odontology,
718
00:49:02,147 --> 00:49:03,607
Dr. Richard Souviron...
719
00:49:03,941 --> 00:49:05,108
...slanted like this...
720
00:49:05,859 --> 00:49:08,612
...came and testified for the defense.
721
00:49:09,446 --> 00:49:11,198
This is just two years,
722
00:49:11,281 --> 00:49:13,951
1991 through '93.
723
00:49:14,409 --> 00:49:17,746
Dr. West was 110% wrong.
724
00:49:18,872 --> 00:49:20,791
None of those marks were bite marks.
725
00:49:21,166 --> 00:49:25,087
They weren't bite marks,
because in every one of the 19 cases,
726
00:49:25,170 --> 00:49:28,465
only the upper teeth marked,
according to him.
727
00:49:28,799 --> 00:49:32,844
There's no such thing as a bite mark
with only the upper teeth.
728
00:49:32,928 --> 00:49:36,223
Nineteen times... Maybe one time,
maybe I'll give you one.
729
00:49:38,433 --> 00:49:41,520
But how are you going to get
bite marks on somebody's foot?
730
00:49:41,812 --> 00:49:43,812
What are you gonna do?
Stick the foot in the mouth?
731
00:49:43,855 --> 00:49:45,095
I mean, it just doesn't happen.
732
00:49:46,233 --> 00:49:48,777
Dr. Souviron has a problem with reality.
733
00:49:49,861 --> 00:49:54,741
He's a "witness having other
reasonable explanations."
734
00:49:55,409 --> 00:49:57,577
W-H-O-R-E.
735
00:50:00,205 --> 00:50:02,165
We've dusted the bite mark.
736
00:50:04,001 --> 00:50:08,088
I'm going to lift it with what's called
a gel lifter, just like a fingerprint.
737
00:50:08,171 --> 00:50:11,675
When you lift a print,
we're lifting a bite mark.
738
00:50:12,342 --> 00:50:14,594
I never use direct comparison
739
00:50:14,678 --> 00:50:18,306
of a suspect's teeth
to a bite mark on the victim.
740
00:50:18,390 --> 00:50:21,518
You can see clearly
that they're teeth marks.
741
00:50:21,935 --> 00:50:24,438
Because placing the teeth on the body,
742
00:50:24,521 --> 00:50:26,398
you can literally make a bite mark.
743
00:50:27,482 --> 00:50:30,027
And he was able to take
the two front teeth and side teeth
744
00:50:30,110 --> 00:50:31,790
and roll them
and twist them and turn them,
745
00:50:32,946 --> 00:50:37,200
on a video that is so outrageous...
This is crazy!
746
00:50:37,325 --> 00:50:38,910
I mean, you've got to be kidding me!
747
00:50:39,995 --> 00:50:41,038
My critics...
748
00:50:42,080 --> 00:50:45,167
really hate direct comparison.
749
00:50:46,251 --> 00:50:49,796
It's so damning in court.
The defense attorneys can't beat it.
750
00:50:50,213 --> 00:50:52,758
So they use their defense experts
751
00:50:52,841 --> 00:50:54,217
to try to have it outlawed,
752
00:50:54,301 --> 00:50:55,719
because it shows the truth,
753
00:50:55,802 --> 00:50:57,220
we can't get around it.
754
00:50:58,847 --> 00:51:02,476
Absolutely,
I wanted the jury to see that video
755
00:51:03,018 --> 00:51:06,521
because I wanted the jury
to share my opinion
756
00:51:06,605 --> 00:51:08,899
that it was grossly unprofessional.
757
00:51:10,400 --> 00:51:14,946
But, as it turns out,
the jury did not see that tape or hear it
758
00:51:15,030 --> 00:51:18,450
'cause the trial judge
also thought it was, too,
759
00:51:18,533 --> 00:51:21,536
and I want to say that
his word was "macabre."
760
00:51:24,915 --> 00:51:26,500
I felt like he was a quack.
761
00:51:30,629 --> 00:51:34,758
Which was why I wanted him
absolutely discredited.
762
00:51:45,060 --> 00:51:49,648
Kennedy Brewer
was in violent physical contact
763
00:51:49,731 --> 00:51:53,527
committing felony child abuse
against this girl
764
00:51:54,820 --> 00:51:56,905
within an hour or so of her death.
765
00:52:00,033 --> 00:52:02,994
I'm here to present the truth
as I see it to the court.
766
00:52:04,121 --> 00:52:06,915
It's the jury's decision
what to do with it.
767
00:52:10,210 --> 00:52:14,631
I think Dr. West had a big impact.
768
00:52:15,674 --> 00:52:18,051
He was very positive about what he said.
769
00:52:18,426 --> 00:52:20,053
You know, these were bite marks,
770
00:52:20,137 --> 00:52:21,930
and these were bite marks
771
00:52:22,305 --> 00:52:23,431
that were from...
772
00:52:24,474 --> 00:52:25,684
fending off somebody.
773
00:52:26,518 --> 00:52:28,186
And Dr. Souviron comes up,
774
00:52:28,270 --> 00:52:32,440
and I was unimpressed
with Dr. Souviron altogether.
775
00:52:32,858 --> 00:52:34,568
He was too flippant about it.
776
00:52:34,985 --> 00:52:37,571
Dr. West's testimony,
777
00:52:37,654 --> 00:52:42,242
he was just more positive.
He acted as if he really knew.
778
00:52:45,245 --> 00:52:47,330
When we were in deliberations,
779
00:52:47,414 --> 00:52:50,500
it was just
that preponderance of evidence,
780
00:52:50,584 --> 00:52:53,837
and the lack of any other suspect.
781
00:52:54,212 --> 00:52:55,338
And...
782
00:52:56,464 --> 00:52:58,300
you've got to make a decision, so...
783
00:53:01,094 --> 00:53:03,263
The jury decided he was guilty.
784
00:53:09,811 --> 00:53:12,939
I'm not going to say nothing,
do nothing and be nothing.
785
00:53:13,565 --> 00:53:16,401
I'm here to help advance the question,
786
00:53:16,818 --> 00:53:18,778
"Did this man do this act?
787
00:53:19,362 --> 00:53:20,780
Yes or no?"
788
00:53:22,073 --> 00:53:23,825
So, if that makes me controversial,
789
00:53:24,409 --> 00:53:25,869
suck it up, buttercup.
790
00:53:29,080 --> 00:53:30,720
It did weigh heavy on me.
791
00:53:30,790 --> 00:53:34,211
It's just not an easy thing to do,
792
00:53:34,669 --> 00:53:37,297
to say this man is guilty, first of all,
793
00:53:37,380 --> 00:53:39,674
and then say he deserves to die.
794
00:53:40,508 --> 00:53:42,344
It wasn't easy, but we'd done right.
795
00:53:45,931 --> 00:53:48,683
You know, there's something about
being in a courtroom
796
00:53:49,434 --> 00:53:51,811
and hearing a judge announce,
797
00:53:52,687 --> 00:53:54,981
"The accused has been sentenced to death."
798
00:53:56,733 --> 00:53:58,693
It'll send a chill down your spine.
799
00:54:02,155 --> 00:54:06,368
I couldn't, I couldn't, I couldn't,
I couldn't even describe how I felt.
800
00:54:06,868 --> 00:54:09,246
Sad, hurt, disappointed, everything,
801
00:54:09,329 --> 00:54:12,332
'cause I knew,
I knew that I didn't commit that crime.
802
00:54:14,292 --> 00:54:17,462
I was-I was thinkin',
is they gon' ever find...
803
00:54:18,338 --> 00:54:21,007
the proof that I didn't commit this crime?
804
00:54:25,262 --> 00:54:26,471
I was pretty upset.
805
00:54:28,098 --> 00:54:31,643
On the way home,
I bought a 12-pack of beer.
806
00:54:32,727 --> 00:54:34,896
I went home and I told my wife,
807
00:54:34,980 --> 00:54:36,481
I said, "Y'all just leave me alone.
808
00:54:36,564 --> 00:54:39,567
I'm going to sit out on the patio,
and I'm going to get drunk."
809
00:54:42,028 --> 00:54:46,533
I got drunk, then I went inside,
and I got into bed and slept that off.
810
00:54:47,409 --> 00:54:50,328
It was tough,
because I believed he was innocent.
811
00:55:11,933 --> 00:55:15,312
I went to Unit 32, C Building.
812
00:55:15,395 --> 00:55:17,564
That's where I was the whole time
in solitary.
813
00:55:19,691 --> 00:55:24,487
They had me on lockdown,
in a one-man cell, by myself.
814
00:55:45,175 --> 00:55:46,175
"How are you today?
815
00:55:46,217 --> 00:55:48,345
I know you probably don't know me,
816
00:55:48,428 --> 00:55:50,930
but the reason I'm writing is to ask,
817
00:55:51,014 --> 00:55:54,768
can you help me out concerning my case?
818
00:55:55,560 --> 00:55:59,856
Back in 1992, I was accused
of killing a three-year-old girl,
819
00:56:00,398 --> 00:56:02,400
something I know I didn't do.
820
00:56:02,484 --> 00:56:07,072
I've been on death row
in Mississippi for five years, and...
821
00:56:07,989 --> 00:56:12,410
and I know if I can
get someone to look into my case,
822
00:56:12,827 --> 00:56:14,954
I know they will easily see
823
00:56:15,705 --> 00:56:18,375
that they have
the wrong person locked up."
66345
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