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On this episode of " Death Row Stories"...
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You'd like to think
that upstanding citizens
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aren't going to suffer, torture and murder
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in their own home.
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After a brutal murder,
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detectives accuse a woman
with no criminal record...
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He said, "We will break you."
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Until the mother of an American hero
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puts her all into a fight for freedom.
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- I knew she wasn't guilty. I thought
it should be obvious - to anybody.
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When I saw that, my jaw dropped.
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This is one of the most egregious cases
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I have ever seen.
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There's a body in the water.
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He was butchered and murdered.
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Many people proclaim their innocence.
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In this case,
there are a number of things that stink.
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This man is remorseless.
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He needs to pay for it with his life.
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The electric chair
flashed in front of my eyes.
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Get a conviction at all costs.
Let the truth fall where it may.
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December 9, 1981.
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Little broke the afternoon quiet
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in Sacramento's Rosemont neighborhood.
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Then,
at this modest home on Rosewood Avenue,
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there was a knock on the door.
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Ed Davies was in the kitchen.
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His wife Grace checked out the window,
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and opened the door for a repairman.
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- He said, "Ma'am, we got some
kind of a report - about your phone.
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And we'd like to look into it."
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And she says, "Okay, well, come on in."
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- He went to the telephone and then
turned around - and pointed a gun at them,
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She and her husband.
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He then hogtied them,
put blankets over their heads
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so they couldn't see.
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Grace Davies heard a second man
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enter her home.
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- The perpetrators were screaming, "Where's the silver?
- Where's the gold?"
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Ed Davies was an amateur coin collector.
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But he'd never told his wife
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about the trove of precious metals
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he'd hidden in their home.
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Now he refused to tell the robbers.
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And then,
one of the perpetrators put a knife
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to her neck and said,
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- "If you don't tell us where the gold is,
- we'll kill her."
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So Mr. Davies told
them where the silver was
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and the gold.
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For hours, Grace listened as the strangers
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dug in the garage.
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Then,
one of the men walked back into the kitchen
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and Grace was confronted
with an unfamiliar sound.
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She heard a ping.
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And then she felt her husband's legs
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kind of like quivering on her legs.
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And then Grace heard a similar sound
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and probably didn't realize it,
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but the sound was the
bullet hitting her head.
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Against all odds,
the elderly woman regained
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consciousness hours later.
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Someone had re-entered the house.
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Grace didn't move. She was half in shock
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and half just lying still,
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hoping they would go away.
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She could tell her husband was moving,
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and then she heard another gunshot.
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And then she didn't feel
her husband moving at all.
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Terrified and bleeding,
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Grace eventually freed her hands
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and tried to dial 911...
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only to find the line had been cut.
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She dragged herself to
the couch and collapsed.
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In the morning, early,
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all of a sudden
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the TV just comes blaring on.
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It woke her up. And so she crawled outside
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on her hands and knees.
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A shocked commuter found Grace, bloodied
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and unconscious.
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Miraculously,
the 76-year-old woman would survive.
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Police arrived and discovered
Ed Davies' lifeless body.
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You'd like to think that
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upstanding citizens
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aren't going to suffer that
kind of torture and murder
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in their own home.
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Detectives found no
fingerprints at the scene.
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But they did learn Ed had recently bought
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two bags of silver
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at the Allied Coin Shop,
owned by a man named
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Virgil Fletcher...
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estimated value: $27,000.
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Who knew that
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How did somebody know
that this large cache of silver
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was in the home?
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During an unrelated arrest days later,
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a local criminal told detectives
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who might have done the Davies job.
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That was Gary Masse
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and Stephen DeSantis.
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They were well known thieves,
never do wells, thugs.
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They'd been in and out of
custody for various crimes.
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I don't think the police
were at all surprised.
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Stephen was an angry young guy
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that just didn't know how to make a living
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other than robbing people.
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Gary is unstable.
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He was a regular drug
addict who had more ins
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into the criminal element.
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And the first that thing police did
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was go after Gary Masse
and Stephen DeSantis.
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Police launched a manhunt, but for days,
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came up empty handed.
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Meanwhile,
Grace Davies recovered and told police
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that a suspicious woman
had come to her door
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a week before the robbery.
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Police now believed there
was a third conspirator.
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And their suspicions were confirmed
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when Joanne Masse,
wife of suspect Gary Masse,
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appeared one day at
the Sheriff's department.
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Joanne was not a dumb woman.
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If you're the one to give the information,
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you're the one to get the better deal.
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The first thing she did was say,
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"My husband was involved.
But Stephen DeSantis
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fired the shots."
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Sheriffs demanded to talk to Gary,
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and Joanne promised she would bring him in.
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But detectives also wanted to know
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how Gary and Stephen
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had learned about Ed Davies' treasure.
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Joanne came up with "Gloria."
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She said a woman named
Gloria helped plan the robbery.
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"Gary is completely
innocent. And it's Gloria
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and Stephen DeSantis
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who were totally responsible."
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The new suspect was Gloria Killian,
a 35-year-old
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divorcee and law student.
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Gloria was renting a
room from Virgil Fletcher,
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the owner of Allied Coin,
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when she saw the Davies
murder reported on TV.
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I said, "Oh my God, that's horrible."
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That poor woman had actually lived
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and crawled out into the street
and all those horrible things
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happened to her. It was awful.
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A week later, Gloria was helping out at her
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boyfriend's auto-body shop,
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when police came calling.
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We didn't happen to have
a customer scheduled then.
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So we were going to close
for lunch and have sex,
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- We get everything locked up. You know,
I'm busy - taking my shirt off.
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And there comes a knock on the door.
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Four sheriffs come to the door
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and they say, "We want to talk
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to Gloria Killian."
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I was mortified.
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Police said,
"Will you come and talk to us?"
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And I said, "Sure, no problem."
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Sheriffs were taking Gloria
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to be questioned
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as the robbery's alleged mastermind.
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As we were walking out the gate,
Little Miss Bigmouth goes,
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"You have the worst
timing. I always get caught."
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They fell into...
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Kind of formation.
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They've got one guy behind me,
one guy on the side of me,
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and one guy's kind of leading me.
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And I'm thinking, "This is really strange."
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Within days, Gloria would be facing
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the death penalty.
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On December 16, 1981,
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sheriffs brought Gloria
Killian in for questioning.
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Gloria thought she would be asked
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about her landlord,
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Virgil Fletcher, owner of Allied Coin.
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The man that was murdered
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was a coin collector.
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Gloria thought she was being
brought down to give them
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any information about Virgil.
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But detectives suspected
Gloria of orchestrating
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the deadly home robbery.
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And then they just started attacking me.
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- "We know you planned this. We know
that you know everything - that happened."
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And I just went, "Huh?"
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Detectives believed Gloria
had coaxed information
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from Virgil
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about Ed Davies' hidden treasure.
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They ask her questions.
"Do you know Ed Davies?"
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And she says, "I don't think so."
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Well, have you been to his house?
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- And her response is, "Well if I don't know
him I don't think - I've been to his house."
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I have a tendency to be a
little flip when I'm nervous.
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Gloria also insisted she'd never met
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alleged perpetrators Gary
Masse or Stephen DeSantis.
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- I had no idea what they were talking about.
- I couldn't figure out
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Why they thought I had set this up.
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- There is a distinction between
being "cooperative" - and being honest.
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The more I said I didn't know,
the angrier it made them.
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One of them spent the
time just staring at me,
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staring in my eyes.
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But I still didn't have
anything to tell them.
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After two hours, detectives had had enough.
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They stood up and they said,
"You're under arrest for
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the murder of Edward Davies."
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Everything just started
to narrow in front of me.
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And it was almost like what
I could hear were echoes,
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but I couldn't really hear
what they were saying.
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00:10:13,905 --> 00:10:16,025
You know,
whatever's wrong with these fools,
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I am not talking to them any more.
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Well, that made them really mad.
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A detective handcuffed Gloria
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for the trip to county jail.
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He said "You are going some place
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that no nice little white
girl like you has ever been.
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And we will break you."
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Gloria Killian was not the "usual suspect."
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A year earlier,
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Gloria was on her way to becoming a lawyer
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no mean feat for a 35-year-old wife
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and step-mother
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00:10:49,983 --> 00:10:51,863
who never attended college.
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All her life she had loved the law.
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She studied at home for the law boards
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and scored incredibly high.
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I was married at the time.
I was bored out of my skull.
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00:11:02,287 --> 00:11:04,747
I absolutely totally believed in the law.
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And they accepted me.
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00:11:07,083 --> 00:11:08,940
But Gloria's personal life disrupted
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her law school career.
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She got into a dreadfully
difficult love affair.
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She was married. He was married.
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Gloria divorced to be with her lover.
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But the relationship soon turned ugly.
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I had to get away from him.
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It was screwing up my grades,
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it was screwing up every single thing
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and I needed to just get
out of there for a while.
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It's been said that she
took a leave of absence.
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- She didn't take a leave of absence.
- She dropped out.
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She didn't have a place to live,
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she didn't have a husband,
and she didn't have any money.
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I was looking,
literally looking for friends,
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which is how I met the people
that I shouldn't have met.
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00:11:51,836 --> 00:11:53,876
One of Gloria's new best friends
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00:11:53,921 --> 00:11:57,471
was a 60-year-old woman named Neva Snyder.
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I really became very fond of Neva.
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I probably was looking for a mother,
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because she was that much older.
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- What I didn't realize, because I
didn't have - a scrap of street sense
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Was that they were someone
involved in the drug trade.
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00:12:09,563 --> 00:12:12,443
Neva Snyder dealt methamphetamine.
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00:12:12,482 --> 00:12:15,152
Gloria succumbed to temptation.
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As someone who hadn't
the faintest idea that it was
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okay to express their feelings
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00:12:19,864 --> 00:12:22,284
I think self-medication was the answer.
257
00:12:22,325 --> 00:12:23,775
A pill here, a pill there.
258
00:12:23,826 --> 00:12:26,366
Some powder here. That was all fine.
259
00:12:26,413 --> 00:12:28,395
That's where the, sort of, criminal element
260
00:12:28,419 --> 00:12:30,423
of that little area hung out,
261
00:12:30,458 --> 00:12:32,498
Neva Snyder's house.
262
00:12:32,544 --> 00:12:35,514
Gloria got herself involved
with the wrong crowd.
263
00:12:35,547 --> 00:12:37,544
The regulars at Neva
Snyder's house included
264
00:12:37,568 --> 00:12:39,587
Gary and Joanne Masse.
265
00:12:41,302 --> 00:12:43,512
The day after Gloria was arrested,
266
00:12:43,555 --> 00:12:46,385
Gary finally turned himself in.
267
00:12:46,433 --> 00:12:49,853
Gary was known to use a lot of Valium.
268
00:12:49,894 --> 00:12:51,396
And he mixed it with street drugs,
269
00:12:51,420 --> 00:12:52,944
including heroin
270
00:12:52,980 --> 00:12:54,900
and he was catatonic.
271
00:12:54,941 --> 00:12:57,781
Gary refused to answer questions.
272
00:12:57,818 --> 00:13:00,448
But his wife had already confessed for him,
273
00:13:00,488 --> 00:13:02,868
and implicated Gloria.
274
00:13:02,907 --> 00:13:04,904
Two days later,
with gunman Stephen DeSantis
275
00:13:04,928 --> 00:13:06,947
still on the run,
276
00:13:06,994 --> 00:13:09,254
Gary and Gloria were arraigned together
277
00:13:09,289 --> 00:13:11,539
in a capital murder case
278
00:13:11,583 --> 00:13:16,003
The electric chair
flashed in front of my eyes.
279
00:13:16,045 --> 00:13:19,125
There is something about
hearing the word "death,"
280
00:13:19,173 --> 00:13:21,303
that really does take you to another plane.
281
00:13:26,097 --> 00:13:29,017
Gloria was held without
bail for four months.
282
00:13:29,058 --> 00:13:31,308
And when she finally
got a hearing to determine
283
00:13:31,352 --> 00:13:34,022
if prosecutors could proceed to trial,
284
00:13:34,063 --> 00:13:36,523
she was shocked to see the judge.
285
00:13:36,566 --> 00:13:38,776
There's her former legal professor
286
00:13:38,817 --> 00:13:40,397
presiding over a case
287
00:13:40,445 --> 00:13:42,605
where she's facing the death penalty.
288
00:13:42,656 --> 00:13:44,528
Judge Sheldon Grossfeld,
289
00:13:44,552 --> 00:13:46,446
my family law professor.
290
00:13:46,493 --> 00:13:49,623
It was just mortifying.
291
00:13:49,663 --> 00:13:51,770
But judge Grossfeld soon lost patience
292
00:13:51,794 --> 00:13:53,923
with the prosecution.
293
00:13:53,958 --> 00:13:56,878
They couldn't proceed to
trial. There was no evidence.
294
00:13:56,919 --> 00:13:58,669
And so, of course, it was dismissed.
295
00:14:02,967 --> 00:14:06,074
- Even as Gloria stepped out
into the street - as a free woman,
296
00:14:06,137 --> 00:14:08,097
She felt uneasy.
297
00:14:08,139 --> 00:14:11,139
I had this weird feeling.
298
00:14:11,184 --> 00:14:14,524
I would say it was like
some sort of internal dread.
299
00:14:14,562 --> 00:14:17,572
And I tried really hard to get rid of it,
but I couldn't.
300
00:14:17,607 --> 00:14:19,959
Just one year later,
Gloria would be arrested
301
00:14:19,983 --> 00:14:22,357
for the murder of Ed Davies...
302
00:14:22,403 --> 00:14:23,493
again.
303
00:14:35,834 --> 00:14:38,464
One year after the murder of Ed Davies,
304
00:14:38,503 --> 00:14:42,383
alleged gunman Stephen
DeSantis was still a fugitive.
305
00:14:42,423 --> 00:14:46,393
His partner Gary Masse
went on trial for murder.
306
00:14:46,427 --> 00:14:49,347
Gary's trial lasted a very,
very short time.
307
00:14:49,389 --> 00:14:51,519
And he was found guilty almost immediately.
308
00:14:51,558 --> 00:14:54,938
Gary admitted that he
was part of the scheme.
309
00:14:54,977 --> 00:14:57,687
And under the aiding and
abetting laws in California,
310
00:14:57,731 --> 00:14:59,521
he was guilty.
311
00:14:59,566 --> 00:15:02,963
- Gary was sentenced to life
with no possibility - of parole.
312
00:15:03,027 --> 00:15:04,857
He didn't see it coming.
313
00:15:04,904 --> 00:15:08,811
- A lot of people feel that,
"It went beyond where I - wanted it to go.
314
00:15:08,867 --> 00:15:10,784
I didn't do the shooting.
Everyone will realize
315
00:15:10,808 --> 00:15:12,747
I'm not guilty of murder."
316
00:15:12,787 --> 00:15:15,934
- And they have no clue that they
are standing - on that railroad track
317
00:15:15,998 --> 00:15:18,838
And the train of guilt is
about to run them right over.
318
00:15:21,546 --> 00:15:23,916
When the reality of his sentence hit,
319
00:15:23,964 --> 00:15:27,394
Gary quickly requested
a meeting with the police.
320
00:15:27,427 --> 00:15:29,677
Gary tells the Sheriff's Department,
321
00:15:29,721 --> 00:15:33,101
"I wanna talk now if
you're willing to listen."
322
00:15:33,140 --> 00:15:35,350
He wanted a reduced sentence.
323
00:15:35,393 --> 00:15:39,081
- And he didn't want to be known as being a snitch.
He thought he - would get a knife in the back.
324
00:15:39,105 --> 00:15:42,525
And he wanted immunity for his wife.
325
00:15:42,567 --> 00:15:44,524
But why would Gary Masse's wife Joanne
326
00:15:44,548 --> 00:15:46,527
need immunity?
327
00:15:46,571 --> 00:15:49,278
The answer would only emerge months later,
in the halls
328
00:15:49,302 --> 00:15:52,031
of the local courthouse.
329
00:15:52,076 --> 00:15:54,616
A grandmother named Elizabeth Lee
330
00:15:54,662 --> 00:15:56,684
spotted Joanne Masse, and rushed to find
331
00:15:56,708 --> 00:15:58,752
a court officer.
332
00:15:58,792 --> 00:15:59,962
She said,
333
00:16:00,000 --> 00:16:02,210
"I just solved my case!
334
00:16:02,253 --> 00:16:04,383
They're the people right there!"
335
00:16:04,422 --> 00:16:07,842
And she pointed at Gary and his wife.
336
00:16:07,884 --> 00:16:11,144
Lee had also been the
victim of a home invasion.
337
00:16:11,178 --> 00:16:13,740
And just like Grace Davies,
Lee said a suspicious woman
338
00:16:13,764 --> 00:16:16,348
had come to her door.
339
00:16:16,392 --> 00:16:20,102
She was now certain it was Joanne Masse.
340
00:16:20,146 --> 00:16:22,816
The assistant DA was in the courthouse,
341
00:16:22,857 --> 00:16:25,567
but his reaction was not what Lee expected.
342
00:16:25,610 --> 00:16:27,990
They hustled her out
of the courtroom saying,
343
00:16:28,028 --> 00:16:30,868
"We can't have this."
That was the end of it.
344
00:16:32,366 --> 00:16:34,826
Just as Gary Masse had requested,
345
00:16:34,869 --> 00:16:37,266
the prosecutor turned a blind eye to
346
00:16:37,290 --> 00:16:39,709
Joanne's alleged crimes.
347
00:16:39,749 --> 00:16:42,251
He also moved Gary to a new prison,
348
00:16:42,275 --> 00:16:44,799
under an assumed name.
349
00:16:44,838 --> 00:16:46,588
And a reduced sentence?
350
00:16:46,631 --> 00:16:49,761
That would be decided at a later date.
351
00:16:49,801 --> 00:16:52,428
And then Gary became the chief witness
352
00:16:52,452 --> 00:16:55,101
for the prosecution.
353
00:16:55,139 --> 00:16:57,181
Gary Masse says, "Gloria Killian's the one
354
00:16:57,205 --> 00:16:59,269
who gave me the information."
355
00:16:59,310 --> 00:17:00,957
Gloria Killian told him about the Davies
356
00:17:00,981 --> 00:17:02,650
and went with him
357
00:17:02,689 --> 00:17:05,399
to the house a week or so before.
358
00:17:05,441 --> 00:17:07,443
Gary now painted Gloria
359
00:17:07,467 --> 00:17:09,491
as the crime's mastermind.
360
00:17:09,529 --> 00:17:11,926
Unfazed by the murder,
Gloria had called Gary
361
00:17:11,950 --> 00:17:14,369
afterwards to demand her take.
362
00:17:17,119 --> 00:17:19,289
One year after she was released,
363
00:17:19,330 --> 00:17:23,080
sheriffs arrived at Gloria's work, again.
364
00:17:23,125 --> 00:17:25,915
Now, because of what Gary is saying,
365
00:17:25,962 --> 00:17:29,592
they can arrest Gloria, again.
366
00:17:29,632 --> 00:17:32,592
When they start unsnapping their holsters
367
00:17:32,635 --> 00:17:35,595
this is not the time to discuss it.
368
00:17:35,638 --> 00:17:39,388
Again, Gloria was locked away without bail,
369
00:17:39,433 --> 00:17:42,143
the death penalty looming over her.
370
00:17:42,186 --> 00:17:44,226
I had terrible nightmares.
371
00:17:44,271 --> 00:17:47,111
I'm in a prison and I can't get out.
372
00:17:47,149 --> 00:17:49,489
Someone's chasing you, you don't know who.
373
00:17:49,527 --> 00:17:50,737
I was afraid.
374
00:17:53,322 --> 00:17:56,239
But in late 1983,
a California Supreme Court
375
00:17:56,263 --> 00:17:59,202
ruling changed everything.
376
00:17:59,245 --> 00:18:01,847
People charged as accomplices
to murder could no longer
377
00:18:01,871 --> 00:18:04,495
face execution.
378
00:18:04,542 --> 00:18:06,212
The death penalty was off the table.
379
00:18:07,294 --> 00:18:08,924
And that was that.
380
00:18:08,963 --> 00:18:11,593
And since she doesn't
get the death penalty,
381
00:18:11,632 --> 00:18:13,472
she's allowed to be out on bail.
382
00:18:14,719 --> 00:18:17,219
Gloria was eligible for bail.
383
00:18:17,263 --> 00:18:20,710
- But there were objections from
the new prosecutor - on her case...
384
00:18:20,767 --> 00:18:24,557
An assistant DA named Kit Cleland.
385
00:18:24,604 --> 00:18:26,671
Kit Cleland was far more emotional
386
00:18:26,695 --> 00:18:28,784
than the first prosecutor.
387
00:18:28,816 --> 00:18:31,736
He was just angry and very sarcastic.
388
00:18:31,778 --> 00:18:34,755
- You know,"She's a murderer. She's a killer.
- She's going to run."
389
00:18:34,822 --> 00:18:39,019
- And... Cleland seemed to feel that
he was the avenging - angel of God.
390
00:18:39,077 --> 00:18:40,747
The judge didn't buy it.
391
00:18:40,787 --> 00:18:43,827
"Look, did you pull her
off an international flight?
392
00:18:43,873 --> 00:18:46,043
Did you catch her running down the road?"
393
00:18:46,084 --> 00:18:49,844
And Cleland went, "No, not exactly."
394
00:18:50,922 --> 00:18:53,722
And the judge said, "You know what?
395
00:18:53,758 --> 00:18:56,758
She's out on $25,000 bail.
And you can leave her alone."
396
00:18:58,805 --> 00:19:02,425
Gloria was free on bail
for almost two years.
397
00:19:02,475 --> 00:19:04,887
But waiting for her day
in court proved to be
398
00:19:04,911 --> 00:19:07,345
an emotional roller coaster.
399
00:19:07,396 --> 00:19:09,958
I would go from thinking
they will never convict me
400
00:19:09,982 --> 00:19:12,566
of something I didn't do,
401
00:19:12,610 --> 00:19:15,967
- to thinking, "They're going to
send me away - for a million years."
402
00:19:16,030 --> 00:19:18,910
I did everything I could to avoid it.
403
00:19:18,950 --> 00:19:21,657
There was no way that I could even
404
00:19:21,681 --> 00:19:24,410
cope with the idea.
405
00:19:24,455 --> 00:19:26,892
Shutting herself off, Gloria missed
406
00:19:26,916 --> 00:19:29,375
some critical developments.
407
00:19:29,418 --> 00:19:31,605
The FBI discovered Stephen DeSantis
408
00:19:31,629 --> 00:19:33,838
holed up in Texas.
409
00:19:33,881 --> 00:19:36,261
He went on trial in 1985.
410
00:19:36,300 --> 00:19:40,720
I acted as if it had nothing to do with me,
at all.
411
00:19:40,763 --> 00:19:43,683
I should have been
studying a daily transcript of it.
412
00:19:43,724 --> 00:19:46,314
I would have known that Stephen DeSantis
413
00:19:46,352 --> 00:19:50,152
said he never heard of me,
never saw me in my life.
414
00:19:50,230 --> 00:19:52,337
The star witness against Stephen DeSantis
415
00:19:52,361 --> 00:19:54,490
was Gary Masse.
416
00:19:54,527 --> 00:19:57,277
The jury found DeSantis guilty of murder...
417
00:19:57,321 --> 00:20:00,161
and sentenced him to death.
418
00:20:00,199 --> 00:20:03,199
Gary would next
testify at Gloria's trial...
419
00:20:03,243 --> 00:20:05,293
starting just five days later.
420
00:20:20,678 --> 00:20:23,428
Four years after Ed Davies was killed,
421
00:20:23,472 --> 00:20:27,392
Gloria Killian went on trial
as the heist's mastermind.
422
00:20:28,769 --> 00:20:31,809
The prosecutor called
coin dealer Virgil Fletcher,
423
00:20:31,856 --> 00:20:34,773
who once told police that
his tenant Gloria plied him
424
00:20:34,797 --> 00:20:37,736
for information about Davies.
425
00:20:37,778 --> 00:20:41,488
Virgil didn't directly say that
Gloria Killian was involved.
426
00:20:41,532 --> 00:20:45,372
But she had talked to him
about wanting to meet Mr. Davies,
427
00:20:45,411 --> 00:20:49,648
- and does he date younger women, "Will he go out on his wife?"
- So, she had an interest.
428
00:20:49,707 --> 00:20:52,587
Virgil said I was asking about Mr. Davies.
429
00:20:52,626 --> 00:20:54,796
But I didn't know the Davies.
430
00:20:54,837 --> 00:20:56,257
I didn't know they had money.
431
00:20:56,296 --> 00:21:00,216
I didn't know they shopped at Allied Coins.
432
00:21:00,259 --> 00:21:02,886
And under oath, Virgil seemed hesitant
433
00:21:02,910 --> 00:21:05,559
to implicate Gloria.
434
00:21:05,598 --> 00:21:07,700
Prosecutor Kit Cleland
also called Grace Davies
435
00:21:07,724 --> 00:21:09,848
to the stand,
436
00:21:09,894 --> 00:21:12,436
wanting the widow to identify
Gloria as the suspicious woman
437
00:21:12,460 --> 00:21:15,024
who came to her door.
438
00:21:15,066 --> 00:21:20,146
Grace Davies was 80 years
old with a bullet in her head.
439
00:21:20,196 --> 00:21:23,116
She had five or six times
440
00:21:23,157 --> 00:21:25,554
been unable to identify Gloria as the woman
441
00:21:25,578 --> 00:21:27,997
who came to the door.
442
00:21:28,037 --> 00:21:31,497
And I think she finally said,
"Well, it could be."
443
00:21:32,332 --> 00:21:33,962
Despite these struggles,
444
00:21:34,001 --> 00:21:36,083
Cleland did not call Joanne Masse
445
00:21:36,107 --> 00:21:38,211
to implicate Gloria
446
00:21:38,256 --> 00:21:40,568
Joanne was now suspected
of committing similar robberies
447
00:21:40,592 --> 00:21:42,926
with her husband.
448
00:21:42,969 --> 00:21:46,139
So the case came down
to Cleland's star witness,
449
00:21:46,180 --> 00:21:47,560
Gary Masse.
450
00:21:47,598 --> 00:21:49,348
Gloria's almost relieved.
451
00:21:49,391 --> 00:21:52,731
"Oh, they're not going to take the word
452
00:21:52,770 --> 00:21:55,440
of a career criminal over me.
453
00:21:55,481 --> 00:21:57,021
That would make no sense."
454
00:21:57,066 --> 00:21:58,878
The jurors are instructed,
they don't have to
455
00:21:58,902 --> 00:22:00,736
believe Gary Masse
456
00:22:00,778 --> 00:22:04,068
And they listened and they
found him to be credible.
457
00:22:06,492 --> 00:22:10,412
Masse testified that he met
Gloria at Neva Snyder's house,
458
00:22:10,454 --> 00:22:13,084
and she recruited him to rob the Davies.
459
00:22:13,124 --> 00:22:16,146
Gary Masse says, "We went here,
we went there. And I did it
460
00:22:16,170 --> 00:22:19,214
with Gloria Killian"
461
00:22:19,255 --> 00:22:22,375
And Masse was hard to cross-examine.
462
00:22:22,424 --> 00:22:24,344
Because it was a conspiracy case,
463
00:22:24,384 --> 00:22:26,304
they didn't have to prove anything
464
00:22:26,344 --> 00:22:30,911
- Gloria actually did, which made it very
hard for the defense - to discredit him.
465
00:22:30,975 --> 00:22:34,555
Gary Masse was so loaded during this crime,
466
00:22:34,603 --> 00:22:37,023
so he got around an
awful lot of it by saying,
467
00:22:37,064 --> 00:22:38,921
"I don't remember, I don't recall,
468
00:22:38,945 --> 00:22:40,824
it's all very hazy."
469
00:22:40,860 --> 00:22:42,652
It was like trying to
fight your way through
470
00:22:42,676 --> 00:22:44,490
a bunch of cobwebs.
471
00:22:44,530 --> 00:22:46,870
Gloria took the stand, still insisting
472
00:22:46,907 --> 00:22:50,447
she didn't know the robbers or the victims.
473
00:22:50,494 --> 00:22:53,464
Cleland hammered
away at Gloria's credibility
474
00:22:53,497 --> 00:22:56,077
starting with her first
statement to police,
475
00:22:56,125 --> 00:22:58,165
"I always get caught."
476
00:22:58,211 --> 00:23:01,488
- "We were just about to lock up and
make love. That's why - I said that."
477
00:23:01,547 --> 00:23:03,377
You can believe that if you want.
478
00:23:03,423 --> 00:23:06,053
Some of her explanations
were pretty incredible.
479
00:23:08,054 --> 00:23:09,701
Cleland also confronted Gloria
480
00:23:09,725 --> 00:23:11,394
with suspicious notes
481
00:23:11,431 --> 00:23:13,431
discovered in her date book.
482
00:23:13,475 --> 00:23:15,555
They found three or four pages
483
00:23:15,602 --> 00:23:17,902
that really caught their attention.
484
00:23:17,938 --> 00:23:20,518
"She always looking out window."
485
00:23:20,566 --> 00:23:22,526
Grace Davies testified,
486
00:23:22,568 --> 00:23:27,368
"I never open that front door
unless I'd see who's there."
487
00:23:27,405 --> 00:23:30,485
And then "Don't approach at coin shop."
488
00:23:30,534 --> 00:23:32,951
Okay. Now it sounds like someone casing
489
00:23:32,975 --> 00:23:35,414
the Davies themselves.
490
00:23:35,455 --> 00:23:38,285
And the question, "Where garage":
491
00:23:38,334 --> 00:23:42,571
- that would be where this silver is
that the perpetrators - are looking for.
492
00:23:42,629 --> 00:23:45,379
That's frankly damning to Ms. Killian.
493
00:23:47,093 --> 00:23:49,763
Gloria explained that during law school,
494
00:23:49,803 --> 00:23:52,473
she moonlighted serving subpoenas.
495
00:23:52,514 --> 00:23:55,524
I had a lot of one, two word notes.
496
00:23:55,559 --> 00:23:58,019
I had descriptions of houses
497
00:23:58,062 --> 00:24:02,022
30 miles out of town in Elk Grove,
or next door.
498
00:24:02,066 --> 00:24:05,316
She had pages and pages
of all kinds of information.
499
00:24:05,361 --> 00:24:09,371
The police pull a few
pages out as evidence.
500
00:24:09,407 --> 00:24:14,117
But it's evidence of nothing.
501
00:24:14,161 --> 00:24:16,893
Cleland argued repeatedly that Gloria was
502
00:24:16,917 --> 00:24:19,671
less credible than Gary Masse.
503
00:24:19,708 --> 00:24:22,088
Masse could be believed, he insisted,
504
00:24:22,128 --> 00:24:23,670
because there'd been no deal made
505
00:24:23,694 --> 00:24:25,258
for his testimony.
506
00:24:25,298 --> 00:24:28,878
"There was no deal."
He said it a dozen times.
507
00:24:28,926 --> 00:24:31,846
The prosecution said Masse had not been
508
00:24:31,887 --> 00:24:34,177
promised that he would receive any benefit,
509
00:24:34,223 --> 00:24:37,733
but he hoped that he would get a benefit.
510
00:24:37,768 --> 00:24:39,978
Mr. Masse was hoping, "If I tell the truth,
511
00:24:40,020 --> 00:24:41,810
that judge has to give me something."
512
00:24:41,855 --> 00:24:45,815
But we never made
any kind of deal with him.
513
00:24:45,859 --> 00:24:48,819
Two days later,
the jury returned its verdict:
514
00:24:51,031 --> 00:24:54,371
guilty of murder in the first degree.
515
00:24:54,410 --> 00:24:57,540
Gloria was sentenced to 32-to-life.
516
00:24:57,579 --> 00:25:01,169
I just wanted to scream at this jury,
517
00:25:01,208 --> 00:25:04,498
Are you crazy
518
00:25:04,544 --> 00:25:06,304
How could you possibly believe this?"
519
00:25:08,048 --> 00:25:09,758
And then they took me away.
520
00:25:18,684 --> 00:25:22,104
I lost every single thing that I ever had.
521
00:25:22,146 --> 00:25:24,748
But I convinced myself
that as long as I could do
522
00:25:24,772 --> 00:25:27,396
something to help somebody
523
00:25:27,443 --> 00:25:32,743
that it wasn't just an
entire waste of my life.
524
00:25:32,781 --> 00:25:35,741
In prison, Gloria used her legal training
525
00:25:35,784 --> 00:25:38,204
to write appeals for fellow inmates
526
00:25:38,245 --> 00:25:42,665
and even an article that helped
expand battered women's rights.
527
00:25:42,708 --> 00:25:45,588
But Gloria had no luck on her own case.
528
00:25:45,627 --> 00:25:48,547
The state court summarily
rejected her appeal.
529
00:25:50,548 --> 00:25:52,298
Gloria lost all hope.
530
00:25:54,094 --> 00:25:55,886
I could not understand how I could be
531
00:25:55,910 --> 00:25:57,724
so betrayed
532
00:25:58,724 --> 00:26:00,894
by everything I believed in,
533
00:26:00,934 --> 00:26:04,104
by the law, by the judicial system.
534
00:26:04,146 --> 00:26:06,896
How could I have been so betrayed?
535
00:26:06,940 --> 00:26:08,730
I didn't think I was going to make it.
536
00:26:16,992 --> 00:26:21,332
But in 1992, after six years behind bars,
537
00:26:21,372 --> 00:26:25,002
Gloria received a visit
that would change her life.
538
00:26:25,042 --> 00:26:27,294
Part of my training was never ask an inmate
539
00:26:27,318 --> 00:26:29,592
why she's there.
540
00:26:29,629 --> 00:26:32,339
The best thing to do
is just to sit and listen.
541
00:26:32,383 --> 00:26:34,393
They need someone to talk to usually.
542
00:26:35,844 --> 00:26:38,354
Joyce is the mother of Sally Ride
543
00:26:38,389 --> 00:26:40,469
the first American woman in space.
544
00:26:42,017 --> 00:26:45,097
Joyce had devoted herself
to women behind bars
545
00:26:45,145 --> 00:26:49,185
and started visiting Gloria
to discuss battered women.
546
00:26:49,233 --> 00:26:51,653
They never spoke about Gloria's case.
547
00:26:51,693 --> 00:26:53,905
Joyce is very reserved
548
00:26:53,929 --> 00:26:56,163
and Gloria is very reserved.
549
00:26:56,198 --> 00:27:00,408
They're both Norwegian.
So it's basically two trees
550
00:27:00,453 --> 00:27:03,413
talking to each other for a year.
551
00:27:03,456 --> 00:27:05,996
After a year of getting to know her
552
00:27:06,041 --> 00:27:09,421
I finally said, "Why are you here?"
553
00:27:09,462 --> 00:27:12,632
It was surprising to
me that she would care.
554
00:27:12,672 --> 00:27:13,922
Nobody...
555
00:27:17,595 --> 00:27:20,555
Nobody cared what happened to me.
556
00:27:20,598 --> 00:27:24,558
But I told her. I told her the whole thing.
557
00:27:24,602 --> 00:27:26,749
After all these years,
I'm a pretty good judge
558
00:27:26,773 --> 00:27:28,942
of people.
559
00:27:28,981 --> 00:27:31,543
People generally believe
if a person is in prison,
560
00:27:31,567 --> 00:27:34,151
she deserves to be there.
561
00:27:35,070 --> 00:27:38,120
That's not necessarily the case.
562
00:27:38,157 --> 00:27:40,154
Joyce sent private investigator
563
00:27:40,178 --> 00:27:42,197
Darryl Carlson to visit Gloria.
564
00:27:42,244 --> 00:27:44,294
Gloria said, "I don't want you doing this.
565
00:27:44,330 --> 00:27:46,830
She says,
I've had enough for the last few years.
566
00:27:46,873 --> 00:27:48,883
I don't want any more. I can't handle it."
567
00:27:48,917 --> 00:27:52,797
I think she didn't want to
get her hopes up needlessly.
568
00:27:52,838 --> 00:27:55,008
And she didn't want to
see me waste my money.
569
00:27:56,592 --> 00:28:00,972
I did have some inheritance
money from my father,
570
00:28:01,013 --> 00:28:03,353
which I went through rather quickly.
571
00:28:03,390 --> 00:28:06,270
I just thought it was worth the expense.
572
00:28:06,310 --> 00:28:07,997
Over Gloria's objections,
573
00:28:08,021 --> 00:28:09,730
Joyce hired Carlson,
574
00:28:09,771 --> 00:28:12,441
who soon found a note in the case files
575
00:28:12,483 --> 00:28:15,743
revealing Cleland's unorthodox relationship
576
00:28:15,777 --> 00:28:18,447
with his star witness, Gary Masse.
577
00:28:18,489 --> 00:28:20,531
You don't take a suspect in a murder case
578
00:28:20,555 --> 00:28:22,619
home for conjugal visits
579
00:28:22,660 --> 00:28:24,412
and chicken and dumpling dinners
580
00:28:24,436 --> 00:28:26,210
without handcuffs.
581
00:28:26,246 --> 00:28:29,116
It seemed like Gary was
being nudged into things.
582
00:28:29,166 --> 00:28:31,746
But in order to get a new trial for Gloria,
583
00:28:31,793 --> 00:28:33,940
Carlson would need
clear evidence that Cleland
584
00:28:33,964 --> 00:28:36,133
had struck a deal with Masse
585
00:28:36,173 --> 00:28:37,683
and deceived the jury.
586
00:28:37,715 --> 00:28:40,965
It took Darryl a long time.
They were closing doors,
587
00:28:41,011 --> 00:28:43,658
and he had to make enemies
in the Sacramento courts
588
00:28:43,682 --> 00:28:46,351
before that letter showed up.
589
00:28:46,392 --> 00:28:48,559
What Carlson found
was a letter that had been
590
00:28:48,583 --> 00:28:50,772
sealed from the public,
591
00:28:50,812 --> 00:28:53,522
a letter to Masse's sentencing judge.
592
00:28:53,566 --> 00:28:55,186
When I saw that, my jaw dropped.
593
00:29:05,244 --> 00:29:07,246
Gloria Killian had been
languishing in prison
594
00:29:07,270 --> 00:29:09,294
for eight years
595
00:29:09,331 --> 00:29:11,461
when an investigator found evidence
596
00:29:11,500 --> 00:29:14,920
discrediting Kit Cleland
and his star witness,
597
00:29:14,961 --> 00:29:17,211
Gary Masse.
598
00:29:17,256 --> 00:29:20,735
- He found the letter to Masse's sentencing
judge that asked - for leniency in the sentence.
599
00:29:20,759 --> 00:29:24,299
It was concrete proof that there was a deal
600
00:29:24,346 --> 00:29:27,138
being made before Gary got to testify
601
00:29:27,162 --> 00:29:29,976
in Gloria's trial.
602
00:29:30,018 --> 00:29:32,455
With new evidence emerging,
Gloria became less
603
00:29:32,479 --> 00:29:34,938
reluctant to accept help.
604
00:29:34,981 --> 00:29:37,281
Then I said,
"Is it all right if I hire a lawyer?"
605
00:29:38,444 --> 00:29:41,244
And she said it'd be all right.
606
00:29:41,280 --> 00:29:45,660
The thought of getting out
was in her dreams again.
607
00:29:45,701 --> 00:29:48,121
Joyce brought the letter to Bill Genego,
608
00:29:48,161 --> 00:29:50,041
a top appeals lawyer.
609
00:29:50,080 --> 00:29:51,352
It was a quid pro quo
610
00:29:51,376 --> 00:29:52,670
from the beginning.
611
00:29:52,708 --> 00:29:54,788
That Gary, if he hasn't implicated Gloria,
612
00:29:54,834 --> 00:29:56,651
then they're not going
to support a reduction
613
00:29:56,675 --> 00:29:58,514
in his sentence.
614
00:29:58,547 --> 00:30:00,417
Simple as that.
615
00:30:00,466 --> 00:30:03,863
- I was very excited but there certainly
was no guarantee - we were going to win.
616
00:30:06,054 --> 00:30:07,661
While it was clear Prosecutor Cleland
617
00:30:07,685 --> 00:30:09,314
had hidden the deal,
618
00:30:09,349 --> 00:30:11,956
Genego still needed to
prove that Gary Masse
619
00:30:11,980 --> 00:30:14,609
had lied on the stand.
620
00:30:14,647 --> 00:30:17,397
He got help from an unexpected source...
621
00:30:17,441 --> 00:30:19,818
two lawyers appointed to
appeal gunman Stephen DeSantis'
622
00:30:19,842 --> 00:30:22,241
death sentence.
623
00:30:22,279 --> 00:30:25,261
It seemed to us that,
we should know as much about this
624
00:30:25,285 --> 00:30:28,289
as the District Attorney knew.
625
00:30:28,327 --> 00:30:31,157
And there was resistance.
626
00:30:31,204 --> 00:30:33,294
After a protracted court battle,
627
00:30:33,332 --> 00:30:36,252
a judge required Cleland to open his files
628
00:30:36,293 --> 00:30:38,253
We sat there and went through the boxes.
629
00:30:38,295 --> 00:30:41,255
We were not allowed to
take anything out of the room.
630
00:30:41,298 --> 00:30:44,428
I remember looking at this
letter and thinking to myself,
631
00:30:44,468 --> 00:30:49,258
"I can't believe they left
this in the file for us to find."
632
00:30:49,306 --> 00:30:51,533
Whoa, here we had it in writing. And it was
633
00:30:51,557 --> 00:30:53,806
so clearly exculpatory.
634
00:30:53,852 --> 00:30:57,062
I remember burying it
in a pile of other things
635
00:30:57,105 --> 00:30:58,497
that we wanted them to copy for us.
636
00:30:58,521 --> 00:30:59,935
So that we would...
637
00:30:59,983 --> 00:31:02,193
- Right in the middle. Yeah. - Right.
638
00:31:02,235 --> 00:31:05,735
It was a letter from Gary
Masse to Kit Cleland,
639
00:31:05,781 --> 00:31:08,491
"There was a verbal agreement," it read.
640
00:31:08,534 --> 00:31:11,504
"I gave you DeSantis and Killian.
641
00:31:11,537 --> 00:31:14,867
I even lied my ass off on
the stand for you people."
642
00:31:16,333 --> 00:31:19,463
DeSantis's lawyers
took the letter to Gloria.
643
00:31:19,503 --> 00:31:21,053
We knew nothing of this.
644
00:31:21,087 --> 00:31:23,127
It was all concealed from us.
645
00:31:23,173 --> 00:31:25,883
"I lied my ass off in court for, for you."
646
00:31:25,925 --> 00:31:29,095
That was kind of a bombshell.
647
00:31:29,137 --> 00:31:31,677
I knew they would have
to give me a new trial.
648
00:31:31,724 --> 00:31:33,484
They would never let that stand.
649
00:31:37,688 --> 00:31:40,085
Gloria's team presented their case
650
00:31:40,109 --> 00:31:42,528
to the California Supreme Court
651
00:31:42,568 --> 00:31:45,448
but they received a one-word reply,
652
00:31:45,487 --> 00:31:47,447
"Denied".
653
00:31:47,489 --> 00:31:49,989
The next stop would be Federal Court,
654
00:31:50,033 --> 00:31:52,700
and Genego now knew he
must do more than cast doubt
655
00:31:52,724 --> 00:31:55,413
on the prosecution's case.
656
00:31:55,455 --> 00:31:57,745
You've got to present
an alternative explanation
657
00:31:57,791 --> 00:32:00,168
about how this could've occurred
658
00:32:00,192 --> 00:32:02,591
if Gloria wasn't involved?
659
00:32:02,629 --> 00:32:05,969
Cleland had argued that
Gloria pried information
660
00:32:06,007 --> 00:32:08,087
from coin shop owner, Virgil Fletcher,
661
00:32:08,134 --> 00:32:10,144
and used it to orchestrate the heist.
662
00:32:10,178 --> 00:32:13,445
- They were able to make it
seem as if Gloria - was the link
663
00:32:13,515 --> 00:32:16,635
Between Virgil Fletcher and Gary Masse.
664
00:32:16,685 --> 00:32:18,497
And if it wasn't her, how else was this
665
00:32:18,521 --> 00:32:20,355
going to happen?
666
00:32:20,397 --> 00:32:23,567
Well, Gary Lee Smith was the missing piece.
667
00:32:29,989 --> 00:32:32,119
A small-time Sacramento criminal,
668
00:32:32,158 --> 00:32:36,248
Gary Lee Smith was
recruited first to rob the Davies.
669
00:32:45,171 --> 00:32:48,511
But Smith wondered
whether Davies would resist.
670
00:33:16,620 --> 00:33:18,767
Before Gloria's trial, Smith approached
671
00:33:18,791 --> 00:33:20,960
Prosecutor Cleland
672
00:33:20,999 --> 00:33:23,061
and told him he'd been recruited by a man
673
00:33:23,085 --> 00:33:25,169
named Bob Hord.
674
00:33:25,211 --> 00:33:29,551
Hord, a convicted felon,
was Neva Snyder's son
675
00:33:29,591 --> 00:33:32,471
and had connections to Virgil Fletcher.
676
00:33:32,511 --> 00:33:34,811
But Cleland never arrested Bob Hord.
677
00:33:34,847 --> 00:33:36,909
Instead, he pressed Smith to tell him
678
00:33:36,933 --> 00:33:39,017
about Gloria Killian.
679
00:33:45,565 --> 00:33:48,752
- That should have caused
them to reevaluate - their case.
680
00:33:48,819 --> 00:33:51,926
- But they had already made up their minds
- about what happened here.
681
00:33:51,989 --> 00:33:55,306
- And they were filtering out information
that was - inconsistent with that
682
00:33:55,367 --> 00:33:56,657
Which happens all the time.
683
00:34:01,832 --> 00:34:04,499
For Smith's story to help Gloria,
Genego would
684
00:34:04,523 --> 00:34:07,212
need to find and convince him
685
00:34:07,253 --> 00:34:12,763
to testify in open court,
all for a woman he'd never met.
686
00:34:12,801 --> 00:34:17,261
Gary Lee Smith had
completely turned his life around
687
00:34:17,305 --> 00:34:19,465
and really had no reason
688
00:34:19,516 --> 00:34:21,368
to come forward and admit that he was
689
00:34:21,392 --> 00:34:23,266
a criminal 20 years ago.
690
00:34:38,785 --> 00:34:41,535
After 13 years behind bars,
691
00:34:41,580 --> 00:34:45,330
Gloria Killian would
get another day in court.
692
00:34:45,375 --> 00:34:49,245
Federal judge Gregory Hollows
agreed to hear new evidence
693
00:34:49,295 --> 00:34:52,715
and determine if she'd
received a fair trial.
694
00:34:52,758 --> 00:34:55,798
Gary Lee Smith decided to come forward.
695
00:34:55,844 --> 00:34:58,366
He testified that Bob Hord,
not Gloria, had recruited him
696
00:34:58,390 --> 00:35:00,934
for the robbery.
697
00:35:08,189 --> 00:35:12,256
- He said somebody else did it. And that
was the first time - I kind of got any...
698
00:35:12,318 --> 00:35:14,028
Complete picture of it.
699
00:35:14,071 --> 00:35:16,571
And I was just amazed.
700
00:35:16,615 --> 00:35:18,985
But the star witness was Gary Masse.
701
00:35:19,034 --> 00:35:22,124
This time he would testify for Gloria.
702
00:35:22,161 --> 00:35:25,291
Gary Masse was very
upset with the prosecution,
703
00:35:25,331 --> 00:35:27,541
because he felt as if he had been misled.
704
00:35:27,584 --> 00:35:28,921
Gary Masse said "They promised me
705
00:35:28,945 --> 00:35:30,304
no more than 12 years.
706
00:35:30,336 --> 00:35:32,546
And they said it would
be in a federal prison.
707
00:35:32,589 --> 00:35:34,066
They said I would get drug treatment.
708
00:35:34,090 --> 00:35:35,589
I got none of that stuff."
709
00:35:35,634 --> 00:35:38,344
Now, Gary Masse was ready to come clean
710
00:35:38,386 --> 00:35:41,506
about perjuring himself at Gloria's trial.
711
00:35:41,556 --> 00:35:44,613
- I read passages of his
testimony at the trial - and I said,
712
00:35:44,684 --> 00:35:46,774
"Was that the truth or was that a lie?"
713
00:35:46,812 --> 00:35:48,312
And he said, "That was a lie."
714
00:35:48,354 --> 00:35:51,024
And that was exactly what
I wanted to get from him.
715
00:35:51,066 --> 00:35:53,856
And all of a sudden the judge
716
00:35:53,902 --> 00:35:56,152
decides to question Gary Masse himself.
717
00:35:56,195 --> 00:35:59,842
- That's almost a challenge,
I think is the way - that Masse saw it.
718
00:35:59,908 --> 00:36:02,448
"Is everything you said
on the witness stand a lie?"
719
00:36:02,494 --> 00:36:04,544
What's you're response to that going to be?
720
00:36:04,579 --> 00:36:06,959
"No, not everything."
721
00:36:06,999 --> 00:36:09,789
Masse told the judge a whole new story.
722
00:36:09,835 --> 00:36:12,247
Gloria was involved, but only as a pawn
723
00:36:12,271 --> 00:36:14,705
of the real masterminds.
724
00:36:14,756 --> 00:36:18,136
And eventually,
Masse cut her out of the deal.
725
00:36:18,176 --> 00:36:20,153
But after Masse was convicted,
he told Cleland
726
00:36:20,177 --> 00:36:22,176
what he wanted to hear,
727
00:36:22,221 --> 00:36:24,221
that Gloria planned the crime.
728
00:36:24,265 --> 00:36:26,135
The testimony completely changes.
729
00:36:26,184 --> 00:36:27,521
"Yeah, yeah, she might have been
730
00:36:27,545 --> 00:36:28,904
involved in the beginning
731
00:36:28,937 --> 00:36:30,977
but really, she had nothing to do with it."
732
00:36:31,023 --> 00:36:33,733
That's not unusual for witnesses to hedge.
733
00:36:33,775 --> 00:36:36,395
But Gary Masse never came off
734
00:36:36,444 --> 00:36:39,824
the point that Gloria Killian
told him about the Davies
735
00:36:39,865 --> 00:36:42,655
and that she went with him to the house
736
00:36:42,701 --> 00:36:44,121
a week or so before.
737
00:36:44,161 --> 00:36:45,791
So he's trustworthy?
738
00:36:45,829 --> 00:36:48,919
Gary Masse says to the judge,
739
00:36:49,833 --> 00:36:52,133
"I lied on the stand."
740
00:36:53,879 --> 00:36:54,919
Straight up.
741
00:36:54,963 --> 00:36:57,633
The conviction is invalid.
742
00:36:57,674 --> 00:36:59,611
But that's not the way
the evidentiary hearing
743
00:36:59,635 --> 00:37:01,594
turned out.
744
00:37:01,636 --> 00:37:04,303
Judge Hollows ruled that Gary's perjuries
745
00:37:04,327 --> 00:37:07,016
amounted to "harmless error."
746
00:37:07,059 --> 00:37:10,019
Masse's deal, he wrote,
had not been concealed,
747
00:37:10,062 --> 00:37:13,362
since the jury could have inferred it.
748
00:37:13,398 --> 00:37:16,148
He denied Gloria's appeal.
749
00:37:16,193 --> 00:37:17,630
When he said he still thought
750
00:37:17,654 --> 00:37:19,113
she was guilty,
751
00:37:19,154 --> 00:37:21,614
I thought, "You're not a good judge.
752
00:37:22,281 --> 00:37:23,371
Why are you here?"
753
00:37:25,410 --> 00:37:27,910
Six judges had ruled against Gloria.
754
00:37:28,830 --> 00:37:30,960
Joyce was out of money.
755
00:37:30,999 --> 00:37:32,476
Their last chance was the 9th circuit
756
00:37:32,500 --> 00:37:33,999
appeals court,
757
00:37:34,044 --> 00:37:35,981
which had reversed just one such ruling
758
00:37:36,005 --> 00:37:37,964
in the past decade.
759
00:37:38,006 --> 00:37:39,966
This was the last step in the process
760
00:37:40,008 --> 00:37:41,888
and we had lost all along the way.
761
00:37:42,761 --> 00:37:44,801
But this was her life.
762
00:37:44,846 --> 00:37:47,113
That's a huge responsibility
and one that anyone would
763
00:37:47,137 --> 00:37:49,426
take seriously.
764
00:37:49,475 --> 00:37:51,385
Now working without pay,
765
00:37:51,436 --> 00:37:53,433
Genego submitted the
appeal to the 9th circuit's
766
00:37:53,457 --> 00:37:55,476
three-judge panel,
767
00:37:55,523 --> 00:37:57,483
led by Judge Michael Hawkins.
768
00:37:57,525 --> 00:37:58,857
I was the United States attorney
769
00:37:58,881 --> 00:38:00,235
for four years.
770
00:38:00,278 --> 00:38:02,988
I prosecuted plenty of cases myself.
771
00:38:03,031 --> 00:38:05,031
They're not entitled to a perfect trial.
772
00:38:05,075 --> 00:38:07,905
They're entitled to a
reasonably fair trial,
773
00:38:07,953 --> 00:38:10,003
that defendants in
criminal proceedings are.
774
00:38:12,040 --> 00:38:13,880
A year after filing,
775
00:38:13,917 --> 00:38:17,377
Genego made a 15-minute
oral argument to the court.
776
00:38:18,296 --> 00:38:20,376
Then, they waited.
777
00:38:25,511 --> 00:38:27,803
On March 10, 2000, Gloria was busy advising
778
00:38:27,827 --> 00:38:30,141
other inmates.
779
00:38:31,392 --> 00:38:35,062
She had been behind bars for 14 years.
780
00:38:35,105 --> 00:38:36,815
Somebody came running over and said,
781
00:38:36,856 --> 00:38:39,753
- "You're still here." And I said,
"What are you - talking about?"
782
00:38:39,818 --> 00:38:42,858
And she handed me the
article from the LA Times.
783
00:38:44,739 --> 00:38:45,779
And that's how I knew.
784
00:38:47,284 --> 00:38:48,624
"Gloria you're going home."
785
00:38:50,787 --> 00:38:52,657
That was the only time I cried.
786
00:38:55,292 --> 00:38:58,342
I was just glad to hear it, finally.
787
00:39:00,130 --> 00:39:03,220
What I had known for a long time.
788
00:39:03,258 --> 00:39:05,320
Finally the 9th Circuit
looks at what happened
789
00:39:05,344 --> 00:39:07,428
and says,
790
00:39:07,470 --> 00:39:09,887
"This is one of the most egregious cases
791
00:39:09,911 --> 00:39:12,350
I have ever seen."
792
00:39:12,391 --> 00:39:15,521
Judge Hawkins overruled the district court.
793
00:39:15,561 --> 00:39:18,521
Masse's perjury wasn't "harmless".
794
00:39:18,564 --> 00:39:21,404
The make or break witness,
795
00:39:21,442 --> 00:39:23,782
if you have reason not to believe him,
796
00:39:23,820 --> 00:39:25,697
then you have some lack of confidence
797
00:39:25,721 --> 00:39:27,620
in the jury verdict.
798
00:39:27,657 --> 00:39:29,779
"The testimony of a thoroughly
799
00:39:29,803 --> 00:39:31,947
discredited perjurer."
800
00:39:31,995 --> 00:39:33,445
That's what they said.
801
00:39:33,496 --> 00:39:35,996
We would say he's a liar.
802
00:39:36,041 --> 00:39:37,833
Cleland also should have disclosed
803
00:39:37,857 --> 00:39:39,671
his deal with Masse.
804
00:39:39,711 --> 00:39:41,801
Gary Masse should have been
805
00:39:41,838 --> 00:39:43,835
confronted with the fact
that he really did have
806
00:39:43,859 --> 00:39:45,878
a deal with the prosecution.
807
00:39:45,925 --> 00:39:49,885
In a fair proceeding,
a jury should hear it all.
808
00:39:49,929 --> 00:39:51,599
Together, Hawkins wrote,
809
00:39:51,639 --> 00:39:56,769
"These errors were devastating
to confidence in the process."
810
00:39:56,811 --> 00:39:59,188
Still, prosecutor Cleland
fought the ruling all the way
811
00:39:59,212 --> 00:40:01,611
to the Supreme Court
812
00:40:01,649 --> 00:40:03,739
without success.
813
00:40:03,776 --> 00:40:07,736
Six months later, Gloria was freed.
814
00:40:07,780 --> 00:40:09,632
In a rare step, the state bar eventually
815
00:40:09,656 --> 00:40:11,530
admonished Cleland
816
00:40:11,576 --> 00:40:13,076
for hiding evidence.
817
00:40:13,119 --> 00:40:15,579
The State of California
finally stood up and said,
818
00:40:15,621 --> 00:40:18,081
"This is not right."
819
00:40:18,124 --> 00:40:19,856
The DA's office chose
820
00:40:19,880 --> 00:40:21,634
not to re-try Gloria.
821
00:40:21,669 --> 00:40:23,419
But Cleland insisted he had
822
00:40:23,462 --> 00:40:27,012
"not a scintilla of doubt"
about her conviction.
823
00:40:27,050 --> 00:40:29,760
Gloria likes to say she's exonerated.
824
00:40:29,802 --> 00:40:31,682
She's factually innocent.
825
00:40:31,721 --> 00:40:34,141
No. There were some mistakes,
826
00:40:34,182 --> 00:40:36,942
but Gloria Killian was involved
827
00:40:36,976 --> 00:40:40,058
and I would still suggest
that the blood of Ed Davies
828
00:40:40,082 --> 00:40:43,186
is on her hands.
829
00:40:43,233 --> 00:40:45,283
I think she could do
a lot better by saying,
830
00:40:45,318 --> 00:40:47,068
"I was trying to make a quick buck
831
00:40:47,112 --> 00:40:49,112
like all the other people at Neva's house
832
00:40:49,155 --> 00:40:51,025
and I would not do that again."
833
00:40:51,074 --> 00:40:54,311
- That would make me respect her
a little more - than I do at this point.
834
00:40:55,870 --> 00:40:57,500
I have a short response to that.
835
00:40:57,538 --> 00:40:58,828
Try the case.
836
00:40:59,707 --> 00:41:02,087
Shut up and try the case.
837
00:41:02,127 --> 00:41:05,797
Okay? If you've got proof,
go to court. Prove it.
838
00:41:05,838 --> 00:41:08,548
If you don't, move on to the next case.
839
00:41:08,591 --> 00:41:10,391
Be a man.
840
00:41:10,427 --> 00:41:12,797
Our legal system is
constructed in the idea that
841
00:41:12,845 --> 00:41:14,675
you're innocent until proven guilty.
842
00:41:14,722 --> 00:41:17,909
- So unless you've been proven
guilty of something, - you are innocent.
843
00:41:17,976 --> 00:41:19,558
Whether you say that she's not guilty,
844
00:41:19,582 --> 00:41:21,186
innocent or exonerated,
845
00:41:21,229 --> 00:41:23,939
that's just the right
way to think about it.
846
00:41:25,942 --> 00:41:28,072
Gloria was finally free,
847
00:41:28,111 --> 00:41:29,991
but she had nowhere to go.
848
00:41:30,029 --> 00:41:31,946
All of her relatives had died
849
00:41:31,970 --> 00:41:33,909
while she was in prison.
850
00:41:33,950 --> 00:41:37,040
So I said, I have a three-bedroom house.
851
00:41:37,078 --> 00:41:38,998
She's easy to get along with.
852
00:41:39,038 --> 00:41:40,038
So am I.
853
00:41:41,540 --> 00:41:44,460
Thirty years ago, Gloria was vulnerable
854
00:41:44,502 --> 00:41:48,342
to the unscrupulous criminals
or zealous prosecutors
855
00:41:48,381 --> 00:41:50,011
because she was alone.
856
00:41:50,049 --> 00:41:51,506
Gloria didn't have people.
857
00:41:51,530 --> 00:41:53,009
She didn't have money.
858
00:41:53,052 --> 00:41:55,102
She was easy prey.
859
00:41:55,138 --> 00:41:56,888
Now she's got people.
860
00:41:56,931 --> 00:41:58,683
She's devoted her life to helping the women
861
00:41:58,707 --> 00:42:00,481
that she left behind.
862
00:42:05,773 --> 00:42:08,110
I want to change the
criminal justice system
863
00:42:08,134 --> 00:42:10,493
until it is fair.
864
00:42:10,528 --> 00:42:14,118
And I don't ever, ever want anybody
865
00:42:14,157 --> 00:42:15,634
to go through what I went through.
866
00:42:15,658 --> 00:42:17,157
It's not right.
69889
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