All language subtitles for Death Row Stories S01E02 Gloria Killian Ride to the Rescue

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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:01,627 --> 00:00:04,127 On this episode of " Death Row Stories"... 2 00:00:04,171 --> 00:00:06,841 You'd like to think that upstanding citizens 3 00:00:06,882 --> 00:00:08,634 aren't going to suffer, torture and murder 4 00:00:08,658 --> 00:00:10,432 in their own home. 5 00:00:10,469 --> 00:00:12,179 After a brutal murder, 6 00:00:12,220 --> 00:00:15,310 detectives accuse a woman with no criminal record... 7 00:00:15,349 --> 00:00:17,519 He said, "We will break you." 8 00:00:17,559 --> 00:00:19,809 Until the mother of an American hero 9 00:00:19,854 --> 00:00:21,944 puts her all into a fight for freedom. 10 00:00:21,981 --> 00:00:25,298 - I knew she wasn't guilty. I thought it should be obvious - to anybody. 11 00:00:25,359 --> 00:00:27,239 When I saw that, my jaw dropped. 12 00:00:27,277 --> 00:00:29,069 This is one of the most egregious cases 13 00:00:29,093 --> 00:00:30,907 I have ever seen. 14 00:00:35,619 --> 00:00:37,329 There's a body in the water. 15 00:00:37,371 --> 00:00:39,751 He was butchered and murdered. 16 00:00:39,790 --> 00:00:41,920 Many people proclaim their innocence. 17 00:00:41,959 --> 00:00:45,379 In this case, there are a number of things that stink. 18 00:00:45,420 --> 00:00:46,630 This man is remorseless. 19 00:00:46,672 --> 00:00:48,472 He needs to pay for it with his life. 20 00:00:48,507 --> 00:00:50,927 The electric chair flashed in front of my eyes. 21 00:00:50,968 --> 00:00:54,008 Get a conviction at all costs. Let the truth fall where it may. 22 00:00:56,000 --> 00:01:02,074 23 00:01:03,772 --> 00:01:06,572 December 9, 1981. 24 00:01:06,608 --> 00:01:08,398 Little broke the afternoon quiet 25 00:01:08,443 --> 00:01:11,703 in Sacramento's Rosemont neighborhood. 26 00:01:11,739 --> 00:01:15,159 Then, at this modest home on Rosewood Avenue, 27 00:01:15,200 --> 00:01:16,700 there was a knock on the door. 28 00:01:18,328 --> 00:01:20,458 Ed Davies was in the kitchen. 29 00:01:20,497 --> 00:01:22,827 His wife Grace checked out the window, 30 00:01:22,875 --> 00:01:25,535 and opened the door for a repairman. 31 00:01:25,586 --> 00:01:29,063 - He said, "Ma'am, we got some kind of a report - about your phone. 32 00:01:29,130 --> 00:01:31,300 And we'd like to look into it." 33 00:01:31,341 --> 00:01:33,681 And she says, "Okay, well, come on in." 34 00:01:33,719 --> 00:01:37,236 - He went to the telephone and then turned around - and pointed a gun at them, 35 00:01:37,305 --> 00:01:39,015 She and her husband. 36 00:01:42,185 --> 00:01:44,787 He then hogtied them, put blankets over their heads 37 00:01:44,811 --> 00:01:47,435 so they couldn't see. 38 00:01:49,568 --> 00:01:51,630 Grace Davies heard a second man 39 00:01:51,654 --> 00:01:53,738 enter her home. 40 00:01:53,781 --> 00:01:57,218 - The perpetrators were screaming, "Where's the silver? - Where's the gold?" 41 00:01:59,954 --> 00:02:02,714 Ed Davies was an amateur coin collector. 42 00:02:02,748 --> 00:02:04,538 But he'd never told his wife 43 00:02:04,583 --> 00:02:06,440 about the trove of precious metals 44 00:02:06,464 --> 00:02:08,343 he'd hidden in their home. 45 00:02:08,378 --> 00:02:11,258 Now he refused to tell the robbers. 46 00:02:11,298 --> 00:02:13,110 And then, one of the perpetrators put a knife 47 00:02:13,134 --> 00:02:14,968 to her neck and said, 48 00:02:15,010 --> 00:02:17,987 - "If you don't tell us where the gold is, - we'll kill her." 49 00:02:19,807 --> 00:02:21,994 So Mr. Davies told them where the silver was 50 00:02:22,018 --> 00:02:24,227 and the gold. 51 00:02:24,269 --> 00:02:26,021 For hours, Grace listened as the strangers 52 00:02:26,045 --> 00:02:27,819 dug in the garage. 53 00:02:31,902 --> 00:02:35,662 Then, one of the men walked back into the kitchen 54 00:02:35,697 --> 00:02:39,117 and Grace was confronted with an unfamiliar sound. 55 00:02:39,159 --> 00:02:40,579 She heard a ping. 56 00:02:40,619 --> 00:02:43,329 And then she felt her husband's legs 57 00:02:43,371 --> 00:02:46,131 kind of like quivering on her legs. 58 00:02:46,166 --> 00:02:47,788 And then Grace heard a similar sound 59 00:02:47,812 --> 00:02:49,456 and probably didn't realize it, 60 00:02:49,503 --> 00:02:52,173 but the sound was the bullet hitting her head. 61 00:02:56,551 --> 00:02:58,508 Against all odds, the elderly woman regained 62 00:02:58,532 --> 00:03:00,511 consciousness hours later. 63 00:03:03,934 --> 00:03:06,064 Someone had re-entered the house. 64 00:03:07,771 --> 00:03:10,333 Grace didn't move. She was half in shock 65 00:03:10,357 --> 00:03:12,941 and half just lying still, 66 00:03:12,985 --> 00:03:14,565 hoping they would go away. 67 00:03:14,611 --> 00:03:16,531 She could tell her husband was moving, 68 00:03:16,571 --> 00:03:18,241 and then she heard another gunshot. 69 00:03:19,616 --> 00:03:23,156 And then she didn't feel her husband moving at all. 70 00:03:23,202 --> 00:03:24,912 Terrified and bleeding, 71 00:03:24,955 --> 00:03:26,847 Grace eventually freed her hands 72 00:03:26,871 --> 00:03:28,785 and tried to dial 911... 73 00:03:28,834 --> 00:03:32,754 only to find the line had been cut. 74 00:03:32,796 --> 00:03:35,586 She dragged herself to the couch and collapsed. 75 00:03:43,515 --> 00:03:44,782 In the morning, early, 76 00:03:44,806 --> 00:03:46,095 all of a sudden 77 00:03:46,143 --> 00:03:47,903 the TV just comes blaring on. 78 00:03:47,936 --> 00:03:51,103 It woke her up. And so she crawled outside 79 00:03:51,127 --> 00:03:54,316 on her hands and knees. 80 00:03:54,359 --> 00:03:56,086 A shocked commuter found Grace, bloodied 81 00:03:56,110 --> 00:03:57,859 and unconscious. 82 00:03:59,531 --> 00:04:02,741 Miraculously, the 76-year-old woman would survive. 83 00:04:05,453 --> 00:04:10,173 Police arrived and discovered Ed Davies' lifeless body. 84 00:04:10,209 --> 00:04:11,436 You'd like to think that 85 00:04:11,460 --> 00:04:12,709 upstanding citizens 86 00:04:12,753 --> 00:04:15,360 aren't going to suffer that kind of torture and murder 87 00:04:15,384 --> 00:04:18,013 in their own home. 88 00:04:22,262 --> 00:04:25,062 Detectives found no fingerprints at the scene. 89 00:04:25,099 --> 00:04:27,036 But they did learn Ed had recently bought 90 00:04:27,060 --> 00:04:29,019 two bags of silver 91 00:04:29,061 --> 00:04:31,333 at the Allied Coin Shop, owned by a man named 92 00:04:31,357 --> 00:04:33,651 Virgil Fletcher... 93 00:04:33,690 --> 00:04:37,780 estimated value: $27,000. 94 00:04:37,819 --> 00:04:40,319 Who knew that 95 00:04:40,363 --> 00:04:43,220 How did somebody know that this large cache of silver 96 00:04:43,244 --> 00:04:46,123 was in the home? 97 00:04:46,161 --> 00:04:48,581 During an unrelated arrest days later, 98 00:04:48,622 --> 00:04:50,832 a local criminal told detectives 99 00:04:50,874 --> 00:04:53,134 who might have done the Davies job. 100 00:04:53,168 --> 00:04:54,625 That was Gary Masse 101 00:04:54,649 --> 00:04:56,128 and Stephen DeSantis. 102 00:04:56,171 --> 00:05:01,141 They were well known thieves, never do wells, thugs. 103 00:05:01,176 --> 00:05:03,796 They'd been in and out of custody for various crimes. 104 00:05:03,845 --> 00:05:06,925 I don't think the police were at all surprised. 105 00:05:06,974 --> 00:05:10,444 Stephen was an angry young guy 106 00:05:10,477 --> 00:05:12,289 that just didn't know how to make a living 107 00:05:12,313 --> 00:05:14,147 other than robbing people. 108 00:05:14,940 --> 00:05:16,940 Gary is unstable. 109 00:05:16,984 --> 00:05:19,321 He was a regular drug addict who had more ins 110 00:05:19,345 --> 00:05:21,704 into the criminal element. 111 00:05:21,738 --> 00:05:24,028 And the first that thing police did 112 00:05:24,074 --> 00:05:28,374 was go after Gary Masse and Stephen DeSantis. 113 00:05:28,411 --> 00:05:30,748 Police launched a manhunt, but for days, 114 00:05:30,772 --> 00:05:33,131 came up empty handed. 115 00:05:33,167 --> 00:05:35,877 Meanwhile, Grace Davies recovered and told police 116 00:05:35,919 --> 00:05:38,231 that a suspicious woman had come to her door 117 00:05:38,255 --> 00:05:40,589 a week before the robbery. 118 00:05:40,632 --> 00:05:43,802 Police now believed there was a third conspirator. 119 00:05:43,844 --> 00:05:45,764 And their suspicions were confirmed 120 00:05:45,804 --> 00:05:49,434 when Joanne Masse, wife of suspect Gary Masse, 121 00:05:49,474 --> 00:05:51,694 appeared one day at the Sheriff's department. 122 00:05:51,726 --> 00:05:54,056 Joanne was not a dumb woman. 123 00:05:54,104 --> 00:05:56,154 If you're the one to give the information, 124 00:05:56,190 --> 00:05:57,980 you're the one to get the better deal. 125 00:05:58,025 --> 00:05:59,895 The first thing she did was say, 126 00:05:59,943 --> 00:06:02,320 "My husband was involved. But Stephen DeSantis 127 00:06:02,344 --> 00:06:04,743 fired the shots." 128 00:06:04,781 --> 00:06:06,911 Sheriffs demanded to talk to Gary, 129 00:06:06,950 --> 00:06:09,660 and Joanne promised she would bring him in. 130 00:06:09,703 --> 00:06:11,455 But detectives also wanted to know 131 00:06:11,479 --> 00:06:13,253 how Gary and Stephen 132 00:06:13,290 --> 00:06:15,580 had learned about Ed Davies' treasure. 133 00:06:15,625 --> 00:06:18,545 Joanne came up with "Gloria." 134 00:06:18,586 --> 00:06:22,296 She said a woman named Gloria helped plan the robbery. 135 00:06:22,341 --> 00:06:24,488 "Gary is completely innocent. And it's Gloria 136 00:06:24,512 --> 00:06:26,681 and Stephen DeSantis 137 00:06:26,720 --> 00:06:28,930 who were totally responsible." 138 00:06:31,683 --> 00:06:34,435 The new suspect was Gloria Killian, a 35-year-old 139 00:06:34,459 --> 00:06:37,233 divorcee and law student. 140 00:06:37,272 --> 00:06:40,112 Gloria was renting a room from Virgil Fletcher, 141 00:06:40,150 --> 00:06:42,070 the owner of Allied Coin, 142 00:06:42,110 --> 00:06:45,200 when she saw the Davies murder reported on TV. 143 00:06:45,239 --> 00:06:47,949 I said, "Oh my God, that's horrible." 144 00:06:47,991 --> 00:06:50,201 That poor woman had actually lived 145 00:06:50,244 --> 00:06:52,831 and crawled out into the street and all those horrible things 146 00:06:52,855 --> 00:06:55,464 happened to her. It was awful. 147 00:06:55,498 --> 00:06:57,620 A week later, Gloria was helping out at her 148 00:06:57,644 --> 00:06:59,788 boyfriend's auto-body shop, 149 00:06:59,836 --> 00:07:01,546 when police came calling. 150 00:07:01,588 --> 00:07:04,048 We didn't happen to have a customer scheduled then. 151 00:07:04,091 --> 00:07:07,301 So we were going to close for lunch and have sex, 152 00:07:07,344 --> 00:07:10,791 - We get everything locked up. You know, I'm busy - taking my shirt off. 153 00:07:10,847 --> 00:07:12,517 And there comes a knock on the door. 154 00:07:15,143 --> 00:07:16,983 Four sheriffs come to the door 155 00:07:17,020 --> 00:07:18,292 and they say, "We want to talk 156 00:07:18,316 --> 00:07:19,610 to Gloria Killian." 157 00:07:19,647 --> 00:07:20,817 I was mortified. 158 00:07:20,857 --> 00:07:22,727 Police said, "Will you come and talk to us?" 159 00:07:22,776 --> 00:07:24,526 And I said, "Sure, no problem." 160 00:07:24,569 --> 00:07:25,861 Sheriffs were taking Gloria 161 00:07:25,885 --> 00:07:27,199 to be questioned 162 00:07:27,239 --> 00:07:29,949 as the robbery's alleged mastermind. 163 00:07:29,991 --> 00:07:33,541 As we were walking out the gate, Little Miss Bigmouth goes, 164 00:07:33,578 --> 00:07:38,128 "You have the worst timing. I always get caught." 165 00:07:38,166 --> 00:07:39,393 They fell into... 166 00:07:39,417 --> 00:07:40,666 Kind of formation. 167 00:07:40,710 --> 00:07:43,670 They've got one guy behind me, one guy on the side of me, 168 00:07:43,713 --> 00:07:45,553 and one guy's kind of leading me. 169 00:07:45,590 --> 00:07:48,220 And I'm thinking, "This is really strange." 170 00:07:48,260 --> 00:07:50,112 Within days, Gloria would be facing 171 00:07:50,136 --> 00:07:52,010 the death penalty. 172 00:08:04,859 --> 00:08:07,449 On December 16, 1981, 173 00:08:07,487 --> 00:08:10,567 sheriffs brought Gloria Killian in for questioning. 174 00:08:18,873 --> 00:08:20,375 Gloria thought she would be asked 175 00:08:20,399 --> 00:08:21,923 about her landlord, 176 00:08:21,960 --> 00:08:24,590 Virgil Fletcher, owner of Allied Coin. 177 00:08:24,629 --> 00:08:26,086 The man that was murdered 178 00:08:26,110 --> 00:08:27,589 was a coin collector. 179 00:08:27,632 --> 00:08:29,969 Gloria thought she was being brought down to give them 180 00:08:29,993 --> 00:08:32,352 any information about Virgil. 181 00:08:32,387 --> 00:08:35,034 But detectives suspected Gloria of orchestrating 182 00:08:35,058 --> 00:08:37,727 the deadly home robbery. 183 00:08:37,767 --> 00:08:40,097 And then they just started attacking me. 184 00:08:49,112 --> 00:08:52,216 - "We know you planned this. We know that you know everything - that happened." 185 00:08:52,240 --> 00:08:54,700 And I just went, "Huh?" 186 00:08:54,742 --> 00:08:56,724 Detectives believed Gloria had coaxed information 187 00:08:56,748 --> 00:08:58,752 from Virgil 188 00:08:58,788 --> 00:09:01,378 about Ed Davies' hidden treasure. 189 00:09:01,416 --> 00:09:04,206 They ask her questions. "Do you know Ed Davies?" 190 00:09:04,252 --> 00:09:06,052 And she says, "I don't think so." 191 00:09:06,087 --> 00:09:08,127 Well, have you been to his house? 192 00:09:08,173 --> 00:09:11,740 - And her response is, "Well if I don't know him I don't think - I've been to his house." 193 00:09:11,801 --> 00:09:14,971 I have a tendency to be a little flip when I'm nervous. 194 00:09:15,013 --> 00:09:17,603 Gloria also insisted she'd never met 195 00:09:17,640 --> 00:09:21,350 alleged perpetrators Gary Masse or Stephen DeSantis. 196 00:09:21,395 --> 00:09:24,412 - I had no idea what they were talking about. - I couldn't figure out 197 00:09:24,481 --> 00:09:27,031 Why they thought I had set this up. 198 00:09:27,067 --> 00:09:30,714 - There is a distinction between being "cooperative" - and being honest. 199 00:09:34,533 --> 00:09:37,583 The more I said I didn't know, the angrier it made them. 200 00:09:37,618 --> 00:09:40,788 One of them spent the time just staring at me, 201 00:09:40,830 --> 00:09:42,580 staring in my eyes. 202 00:09:42,623 --> 00:09:46,133 But I still didn't have anything to tell them. 203 00:09:46,169 --> 00:09:49,799 After two hours, detectives had had enough. 204 00:09:49,839 --> 00:09:52,046 They stood up and they said, "You're under arrest for 205 00:09:52,070 --> 00:09:54,299 the murder of Edward Davies." 206 00:09:54,344 --> 00:09:56,894 Everything just started to narrow in front of me. 207 00:09:58,973 --> 00:10:02,273 And it was almost like what I could hear were echoes, 208 00:10:02,310 --> 00:10:04,650 but I couldn't really hear what they were saying. 209 00:10:13,905 --> 00:10:16,025 You know, whatever's wrong with these fools, 210 00:10:16,074 --> 00:10:18,334 I am not talking to them any more. 211 00:10:18,368 --> 00:10:19,908 Well, that made them really mad. 212 00:10:21,746 --> 00:10:23,763 A detective handcuffed Gloria 213 00:10:23,787 --> 00:10:25,826 for the trip to county jail. 214 00:10:25,875 --> 00:10:27,955 He said "You are going some place 215 00:10:28,002 --> 00:10:30,672 that no nice little white girl like you has ever been. 216 00:10:30,713 --> 00:10:32,473 And we will break you." 217 00:10:38,388 --> 00:10:42,098 Gloria Killian was not the "usual suspect." 218 00:10:42,142 --> 00:10:43,392 A year earlier, 219 00:10:43,435 --> 00:10:46,145 Gloria was on her way to becoming a lawyer 220 00:10:46,187 --> 00:10:48,039 no mean feat for a 35-year-old wife 221 00:10:48,063 --> 00:10:49,937 and step-mother 222 00:10:49,983 --> 00:10:51,863 who never attended college. 223 00:10:51,901 --> 00:10:53,901 All her life she had loved the law. 224 00:10:53,945 --> 00:10:56,905 She studied at home for the law boards 225 00:10:56,948 --> 00:10:58,988 and scored incredibly high. 226 00:10:59,033 --> 00:11:02,253 I was married at the time. I was bored out of my skull. 227 00:11:02,287 --> 00:11:04,747 I absolutely totally believed in the law. 228 00:11:04,789 --> 00:11:07,039 And they accepted me. 229 00:11:07,083 --> 00:11:08,940 But Gloria's personal life disrupted 230 00:11:08,964 --> 00:11:10,843 her law school career. 231 00:11:12,339 --> 00:11:14,759 She got into a dreadfully difficult love affair. 232 00:11:14,799 --> 00:11:17,089 She was married. He was married. 233 00:11:17,135 --> 00:11:19,425 Gloria divorced to be with her lover. 234 00:11:19,471 --> 00:11:22,021 But the relationship soon turned ugly. 235 00:11:22,056 --> 00:11:23,886 I had to get away from him. 236 00:11:23,933 --> 00:11:25,523 It was screwing up my grades, 237 00:11:25,560 --> 00:11:27,650 it was screwing up every single thing 238 00:11:27,686 --> 00:11:31,106 and I needed to just get out of there for a while. 239 00:11:31,149 --> 00:11:33,439 It's been said that she took a leave of absence. 240 00:11:33,485 --> 00:11:35,962 - She didn't take a leave of absence. - She dropped out. 241 00:11:36,029 --> 00:11:37,529 She didn't have a place to live, 242 00:11:37,572 --> 00:11:40,282 she didn't have a husband, and she didn't have any money. 243 00:11:40,325 --> 00:11:43,115 I was looking, literally looking for friends, 244 00:11:43,161 --> 00:11:47,041 which is how I met the people that I shouldn't have met. 245 00:11:51,836 --> 00:11:53,876 One of Gloria's new best friends 246 00:11:53,921 --> 00:11:57,471 was a 60-year-old woman named Neva Snyder. 247 00:11:57,509 --> 00:11:59,509 I really became very fond of Neva. 248 00:11:59,553 --> 00:12:02,013 I probably was looking for a mother, 249 00:12:02,055 --> 00:12:03,755 because she was that much older. 250 00:12:03,806 --> 00:12:06,823 - What I didn't realize, because I didn't have - a scrap of street sense 251 00:12:06,893 --> 00:12:09,523 Was that they were someone involved in the drug trade. 252 00:12:09,563 --> 00:12:12,443 Neva Snyder dealt methamphetamine. 253 00:12:12,482 --> 00:12:15,152 Gloria succumbed to temptation. 254 00:12:15,193 --> 00:12:17,485 As someone who hadn't the faintest idea that it was 255 00:12:17,509 --> 00:12:19,823 okay to express their feelings 256 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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