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REPORTER:14-year-old schoolgirl
killed in broad daylight.
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00:00:11,827 --> 00:00:13,827
Jodi Jones had everything
to live for,
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00:00:13,827 --> 00:00:18,000
but her life was cut truly
short when she was brutally
attacked.
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00:00:18,000 --> 00:00:20,137
Jodi had been beaten.
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00:00:20,137 --> 00:00:24,862
Her throat was cut between
12 and 20 times.
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00:00:24,862 --> 00:00:27,344
That is the most brutal murder
that I've came across.
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00:00:27,344 --> 00:00:31,655
Whoever committed this murder
was a total psychopath.
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00:00:31,655 --> 00:00:34,103
There's a maniac roaming among
us.
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00:00:35,689 --> 00:00:39,068
Suspicion pretty quickly
fell on her boyfriend, Luke.
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00:00:39,068 --> 00:00:43,758
He was a dope-smoking,
kind of feral youth,
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00:00:43,758 --> 00:00:46,310
scary Gothic character.
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00:00:46,310 --> 00:00:48,586
Luke Mitchell was
a devil worshipper.
13
00:00:48,586 --> 00:00:51,586
This stuff was being
gobbled up insatiably
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00:00:51,586 --> 00:00:54,137
in broadsheets as well as
tabloids.
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00:00:55,793 --> 00:01:00,310
A 15-year-old boy has been
charged with the murder of
Jodi Jones.
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00:01:07,862 --> 00:01:10,137
There's something wrong with
this conviction.
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There is no forensic evidence
to link him to the crime.
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00:01:14,241 --> 00:01:16,827
The person that carried out
this brutal murder would've
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00:01:16,827 --> 00:01:18,310
definitely had blood on him.
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00:01:20,206 --> 00:01:22,862
If we found something that
could exonerate Luke Mitchell
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00:01:22,862 --> 00:01:27,034
or implicate someone else,
it would be massive.
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There was DNA, male DNA on the
body,
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but it wasn't Luke's.
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00:01:33,103 --> 00:01:34,896
We've only been here
a short space of time.
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00:01:34,896 --> 00:01:38,724
Straight away, I spoke about
another two potential suspects.
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00:01:38,724 --> 00:01:41,482
We've got another person of
interest that absolutely
shocked me.
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00:01:41,482 --> 00:01:43,379
It was a guy by the name of
Mark Kane.
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00:01:43,379 --> 00:01:45,724
He's turned up with scratches
on his face.
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If Luke Mitchell didn't kill
Jodi,
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somebody else did.
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I can't be more clear.
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00:02:01,689 --> 00:02:04,862
I absolutely did not kill Jodi.
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00:02:04,862 --> 00:02:06,344
I want to clear my name.
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NEWSREADER:The boyfriend of
14-year-old Dalkeith schoolgirl
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Jodi Jones has gone on trial
accused of her murder.
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The jury are being asked to
decide if a 14-year-old girl
was murdered
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00:02:32,586 --> 00:02:34,482
by her 14-year-old boyfriend.
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00:02:35,551 --> 00:02:41,517
Luke Mitchell's trial began in
a blaze of publicity in
November 2004,
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00:02:41,517 --> 00:02:44,758
18 months after the murder
of Jodi Jones.
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00:02:46,103 --> 00:02:50,310
This was in the media across
the whole of Scotland.
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This was a massive story.
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00:02:52,896 --> 00:02:55,827
This case became monstrous.
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00:02:55,827 --> 00:02:59,103
It wasn't just an issue
that obsessed the police
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00:02:59,103 --> 00:03:01,551
and the prosecution services
and, you know,
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00:03:01,551 --> 00:03:04,103
the legal world and the press.
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00:03:04,103 --> 00:03:06,655
This obsessed everybody.
Everyone was talking about
this.
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00:03:06,655 --> 00:03:09,137
And this emphasis on the evil,
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00:03:09,137 --> 00:03:13,241
on the occult, on the Satanist.
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00:03:13,241 --> 00:03:17,137
Inside, I was screaming
like a lunatic.
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00:03:17,137 --> 00:03:20,413
On the outside, I was
relatively calm because,
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00:03:20,413 --> 00:03:25,965
in my head, I thought,
"Right, OK, this has happened,
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00:03:25,965 --> 00:03:29,517
"but the lawyers knew the truth
and it'll all come right."
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00:03:31,172 --> 00:03:35,862
With no murder weapon, no
confession and no forensic
evidence,
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00:03:35,862 --> 00:03:38,103
the Crown's case against
Luke Mitchell
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00:03:38,103 --> 00:03:41,413
was entirely circumstantial.
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00:03:41,413 --> 00:03:47,068
Circumstantial evidence is a
number of different
circumstances,
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00:03:47,068 --> 00:03:52,517
which, taken on the own, might
mean little or sometimes
nothing
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00:03:52,517 --> 00:03:56,172
but, when put together
in a particular way,
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00:03:56,172 --> 00:03:59,000
point the finger towards
the accused.
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00:04:01,448 --> 00:04:07,620
The prosecution case depended
on three central planks.
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00:04:07,620 --> 00:04:09,827
Firstly, that he found the
body.
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00:04:09,827 --> 00:04:12,689
And the assumption was that
since he found the body,
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00:04:12,689 --> 00:04:15,379
he must have known where it
was.
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00:04:15,379 --> 00:04:20,896
Secondly, that he was seen by
an independent witness.
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00:04:20,896 --> 00:04:24,827
A local woman had seen a young
couple just before the murder.
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00:04:24,827 --> 00:04:28,620
She later identified Luke
Mitchell as the male she saw.
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00:04:31,206 --> 00:04:34,965
The alibi that he claimed to
have was not accepted.
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00:04:36,793 --> 00:04:40,068
The final plank in the
prosecution's case against Luke
Mitchell
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00:04:40,068 --> 00:04:42,620
was that his mother gave him
a false alibi
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00:04:42,620 --> 00:04:45,413
and burned evidence to protect
him.
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00:04:45,413 --> 00:04:49,448
Luke's alibi was that he was
at home cooking dinner and
having dinner
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00:04:49,448 --> 00:04:52,482
with his mum and his brother.
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00:04:52,482 --> 00:04:54,172
Having heard all the evidence
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00:04:54,172 --> 00:04:57,310
and being cautioned
not to rush to judgment,
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00:04:57,310 --> 00:05:01,862
the jury retired on 20 January
2005.
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00:05:06,000 --> 00:05:09,137
24 hours later,
they found Luke Mitchell...
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00:05:11,172 --> 00:05:12,137
...guilty.
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00:05:14,103 --> 00:05:15,448
Lord Nimmo Smith told him,
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00:05:15,448 --> 00:05:18,103
"You can rightly be regarded
as wicked."
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00:05:24,827 --> 00:05:27,137
DIAL TONE
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00:05:58,034 --> 00:06:01,551
I have no recollection of him
being led down.
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00:06:03,344 --> 00:06:04,310
You know.
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00:06:05,793 --> 00:06:07,586
Some things, you have to blot
out.
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00:06:09,620 --> 00:06:13,655
REPORTER: Luke Mitchell was
then led away without a
flicker of emotion.
85
00:06:15,724 --> 00:06:19,379
Like so many families that
I've met in the same
circumstances,
86
00:06:19,379 --> 00:06:22,965
the belief it'll all come out
in court,
87
00:06:22,965 --> 00:06:27,965
it is not until the foreman of
the jury stands up and says
guilty
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00:06:27,965 --> 00:06:31,724
that these people realise
that truth's not coming out.
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00:06:31,724 --> 00:06:33,655
Lord Nimmo Smith told Luke
Mitchell
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00:06:33,655 --> 00:06:37,172
he'd serve at least 20 years
in prison.
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00:06:37,172 --> 00:06:40,517
The press made a huge,
huge thing about
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00:06:40,517 --> 00:06:42,862
"Oh, the beast showed no
emotion."
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00:06:42,862 --> 00:06:46,103
When I saw him
immediately afterwards...
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00:06:46,103 --> 00:06:47,965
SHE SIGHS
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00:06:49,482 --> 00:06:52,137
That'll be etched on
my brain forever.
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00:06:52,137 --> 00:06:55,620
He was deathly white, his eyes
were like saucers
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00:06:55,620 --> 00:06:59,482
and his lips were blue.
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00:06:59,482 --> 00:07:00,724
You want emotion?
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00:07:00,724 --> 00:07:03,896
Come and see my son right now.
You'll see emotion.
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00:07:41,137 --> 00:07:44,482
If Mitchell's guilty, then
he deserves to rot in prison
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for the rest of his life.
102
00:07:46,137 --> 00:07:48,931
But equally, if he's not
guilty,
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00:07:48,931 --> 00:07:52,034
then society has done
something dreadful
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00:07:52,034 --> 00:07:53,793
and we need to look at
ourselves.
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00:07:57,758 --> 00:08:01,137
Former detectives John Sallens
and Mick Neill
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00:08:01,137 --> 00:08:04,241
have agreed to re-examine the
case against Luke Mitchell
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00:08:04,241 --> 00:08:06,344
for this documentary.
108
00:08:08,758 --> 00:08:12,758
John and I will be looking for
something that somebody's
missed.
109
00:08:12,758 --> 00:08:14,896
It may be simple as that -
110
00:08:14,896 --> 00:08:17,586
somebody's maybe missed
something.
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00:08:17,586 --> 00:08:21,000
Scientists at the Forensic
Institute in Glasgow
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00:08:21,000 --> 00:08:25,586
specialise in criminal casework
in the UK and internationally.
113
00:08:28,482 --> 00:08:31,517
Obviously, Michael and I have
been up at the crime scene
114
00:08:31,517 --> 00:08:34,068
and we're looking for your
sort of overview on this.
115
00:08:34,068 --> 00:08:36,689
First time I heard about the
case was when I was approached
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00:08:36,689 --> 00:08:40,448
by the defence to give a view
on the scientific evidence.
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00:08:40,448 --> 00:08:42,931
At that time, there was
no scientific evidence
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00:08:42,931 --> 00:08:45,551
specifically against Mr
Mitchell.
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00:08:45,551 --> 00:08:50,655
And that was quite curious,
given that it was a very
bloody event.
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00:08:52,482 --> 00:08:56,896
Normally, we would expect to
find some evidence at the
scene
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00:08:56,896 --> 00:08:59,482
or on the supposed perpetrator.
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00:08:59,482 --> 00:09:03,517
Luke's clothing was not only
seized, but it was
forensically examined
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00:09:03,517 --> 00:09:07,241
and there was no traces of
forensic evidence found on Luke
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00:09:07,241 --> 00:09:09,344
to link him to Jodi.
125
00:09:09,344 --> 00:09:11,586
There was dirt found under
his fingernails
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00:09:11,586 --> 00:09:14,310
and his hair was described as
being dirty, I believe.
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00:09:14,310 --> 00:09:17,758
What lengths would you have to
go off to get rid of every
trace
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00:09:17,758 --> 00:09:20,000
of forensic evidence?
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00:09:20,000 --> 00:09:22,068
I'm basically asking,
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00:09:22,068 --> 00:09:24,517
jumping in the shower and using
standard shower gel,
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would that do it?
132
00:09:26,103 --> 00:09:29,241
Well, the fact that his hair
was messy and his nails still
had dirt
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00:09:29,241 --> 00:09:31,655
would suggest he hadn't
showered.
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00:09:31,655 --> 00:09:33,620
- Would suggest.
- Suggest, yeah.
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00:09:33,620 --> 00:09:37,137
If the assumption is this
person's got a lot of blood on
them...
136
00:09:37,137 --> 00:09:40,862
Well, first of all, even if
you wipe your hands on your
clothes...
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00:09:40,862 --> 00:09:46,724
Well, he clearly never did
that if they've seized the
clothes early on.
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00:09:46,724 --> 00:09:50,172
And then he's got to go home,
he's got to go in the front
door,
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00:09:50,172 --> 00:09:52,655
he's got to turn on the taps
to wash.
140
00:09:52,655 --> 00:09:56,517
And there's all of these
things that are potential
sources of evidence.
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00:09:56,517 --> 00:10:01,448
Finding Jodi Jones blood on
that door handle or that tap,
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00:10:01,448 --> 00:10:04,827
that begins to mean something
in the context of the case.
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00:10:11,206 --> 00:10:15,103
For Luke to have escaped, he
would have had to come up this
street.
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00:10:15,103 --> 00:10:17,862
Now, just have a look.
Look how wide open it is.
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00:10:17,862 --> 00:10:20,068
The houses loop right out onto
the road.
146
00:10:20,068 --> 00:10:21,827
There's no fences.
147
00:10:21,827 --> 00:10:27,068
And the idea that a killer
covered in blood would have
managed to
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00:10:27,068 --> 00:10:30,068
come up this street, unseen,
in broad daylight,
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00:10:30,068 --> 00:10:32,482
on a beautiful summer
evening...
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00:10:34,413 --> 00:10:35,655
...is ridiculous.
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00:10:36,931 --> 00:10:40,517
Police raided and searched Luke
Mitchell's home three times
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00:10:40,517 --> 00:10:44,517
before he was finally arrested
in April 2004.
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00:10:44,517 --> 00:10:48,758
No traces of Jodi Jones' blood
was ever found.
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00:10:57,068 --> 00:11:00,310
17 years after the murder
of Jodi Jones,
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00:11:00,310 --> 00:11:04,344
the quiet town of Dalkeith
remains in the public
spotlight,
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00:11:04,344 --> 00:11:07,551
as Luke Mitchell continues to
maintain his innocence.
157
00:11:09,413 --> 00:11:11,965
Why do you still live in this
area?
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00:11:11,965 --> 00:11:15,413
Because we've done nothing
wrong - and it's my home.
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00:11:17,137 --> 00:11:19,034
Just...
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00:11:19,034 --> 00:11:23,310
If we were to leave, people
would think, "Hm, they're
running away."
161
00:11:23,310 --> 00:11:25,931
And we're not running away.
We're not running away from
anything
162
00:11:25,931 --> 00:11:28,517
because we haven't done
anything to run away from.
163
00:11:33,275 --> 00:11:35,896
When he got convicted in 2005
until now,
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00:11:35,896 --> 00:11:40,172
he's had the opportunity to
plead guilty to this and he's
refused.
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00:11:40,172 --> 00:11:42,275
Part of the parole board
hearings, I think,
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00:11:42,275 --> 00:11:44,482
is "Would you accept your
guilt?"
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00:11:44,482 --> 00:11:47,448
And if people can come to terms
and accept their guilt,
168
00:11:47,448 --> 00:11:49,896
it's a good mark for them
for getting parole,
169
00:11:49,896 --> 00:11:53,172
but Luke's determined
not to do that.
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00:11:53,172 --> 00:11:57,413
He will never, ever say he's
guilty for something he's not
guilty of.
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00:11:57,413 --> 00:11:59,206
Why would you do that?
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You would have to live with
that for the rest of your
life.
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00:12:03,068 --> 00:12:05,724
So, he wants out acquitted...
174
00:12:07,413 --> 00:12:10,137
...which is what I'm fighting
for - an acquittal.
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00:12:44,862 --> 00:12:47,896
With no forensic evidence
against Luke Mitchell,
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00:12:47,896 --> 00:12:51,000
police turned their attention
to eyewitness evidence
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00:12:51,000 --> 00:12:54,413
linking him to Jodi just before
she was murdered.
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Identification.
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00:12:59,517 --> 00:13:01,551
That's the crux of things.
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00:13:01,551 --> 00:13:03,034
If someone's been identified,
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00:13:03,034 --> 00:13:05,827
you can't get any better
evidence than identification.
182
00:13:07,172 --> 00:13:12,517
Local woman Andrina Bryson came
forward during the
investigation.
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00:13:12,517 --> 00:13:15,793
She had driven past a young
couple at the entrance to the
path
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00:13:15,793 --> 00:13:17,379
just before the murder.
185
00:13:19,379 --> 00:13:22,586
She said she was driving
through Easthouses
186
00:13:22,586 --> 00:13:27,000
towards Newtongrange
and came around a sharp bend.
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00:13:27,000 --> 00:13:30,241
There was a girl standing
on the pavement and a guy
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00:13:30,241 --> 00:13:35,931
in the entrance track as she
drove around this sharp bend.
189
00:13:35,931 --> 00:13:40,206
She identified Luke Mitchell as
the male from a photographic
line-up
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00:13:40,206 --> 00:13:41,517
shown to her by police.
191
00:13:43,344 --> 00:13:47,724
Andrina Bryson's evidence
is probably the most critical,
192
00:13:47,724 --> 00:13:50,000
in terms of the conviction.
193
00:13:51,931 --> 00:13:55,931
The former detectives will now
recreate Andrina Bryson's
journey
194
00:13:55,931 --> 00:13:59,000
and re-examine her
eyewitness evidence.
195
00:13:59,000 --> 00:14:01,586
Right, John, so that's us.
We've confirmed the route.
196
00:14:01,586 --> 00:14:04,827
And that's the same route
as Andrina Bryson drove.
197
00:14:04,827 --> 00:14:07,172
It's basically a test to see
what you would actually see
198
00:14:07,172 --> 00:14:08,517
driving at 30 mile per hour.
199
00:14:10,758 --> 00:14:14,551
They place a young couple to
stand in the exact position on
the path
200
00:14:14,551 --> 00:14:17,862
as described by Andrina Bryson
in her statement.
201
00:14:22,551 --> 00:14:24,137
Put your back to the cars
202
00:14:24,137 --> 00:14:26,482
and I want you to look over
your right shoulder.
203
00:14:29,000 --> 00:14:33,620
We've got a young a female
member of my family who's
similar in age
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00:14:33,620 --> 00:14:35,344
to Andrina Bryson was at the
time.
205
00:14:35,344 --> 00:14:37,965
Neve's totally unaware of
the whole inquiry,
206
00:14:37,965 --> 00:14:39,344
the whole Jodi Jones murder.
207
00:14:39,344 --> 00:14:41,620
She was too young at the time
to know anything about it.
208
00:14:41,620 --> 00:14:44,448
And all she's aware of today
is that she's going to be
driving that car.
209
00:14:44,448 --> 00:14:46,137
That's all she's been asked to
do.
210
00:14:47,310 --> 00:14:48,586
Right, and we're off.
211
00:14:48,758 --> 00:14:51,103
So you've never been to this
area of Edinburgh before,
Neve?
212
00:14:51,103 --> 00:14:52,931
- No.
- No. Right.
213
00:14:54,724 --> 00:14:57,344
I want you to stand with your
hands like that, OK?
214
00:14:57,344 --> 00:14:59,724
The car will come down the hill
past Zoe.
215
00:14:59,724 --> 00:15:03,413
And I want you to look as if
you're having a conversation
with her, OK?
216
00:15:08,103 --> 00:15:11,482
We're going to drive our route
that Andrina Bryson drove.
217
00:15:11,482 --> 00:15:14,620
And at the end of that, John's
going to ask Neve questions
218
00:15:14,620 --> 00:15:17,620
in relation to what happened
during the drive on that route.
219
00:15:22,896 --> 00:15:25,000
You're going left at
the bottom here.
220
00:15:38,379 --> 00:15:40,241
Right. Neve, you've been on
that route.
221
00:15:40,241 --> 00:15:45,172
Is there anything you've seen?
- Did anything stand out?
- Erm...
222
00:15:45,172 --> 00:15:48,034
- Not really.
- OK, that's fine.
We're going to do it again.
223
00:15:48,034 --> 00:15:49,241
- Yeah?
- Right.
224
00:15:50,551 --> 00:15:53,379
She's obviously aware now that
she's got to be looking for
something,
225
00:15:53,379 --> 00:15:55,724
so we'll see if she sees
anything this time.
226
00:15:59,827 --> 00:16:01,758
Turn left. Next left, Neve.
227
00:16:18,103 --> 00:16:20,931
- Hi, Neve.
- Hello.
That's your second run.
228
00:16:20,931 --> 00:16:23,689
This time, did you see anything
out of the ordinary?
229
00:16:23,689 --> 00:16:24,896
I don't think so.
230
00:16:24,896 --> 00:16:26,000
That's fine.
231
00:16:26,000 --> 00:16:29,482
Third time. OK? thank you.
232
00:16:29,482 --> 00:16:33,206
We've sort of proven here that
there's nothing that's
particularly drawn Neve's
attention
233
00:16:33,206 --> 00:16:36,310
to the couple, so we're going
to do it a third time and I'm
going to point them out to
her.
234
00:16:36,310 --> 00:16:39,172
Right, so we'll do the same
again. OK.
235
00:16:39,172 --> 00:16:40,551
Let's run number three, Neve.
236
00:16:40,689 --> 00:16:43,551
And for this one, I'm going to
sit in the front with you. OK?
OK.
237
00:16:46,206 --> 00:16:47,655
Same as before, just...
238
00:16:48,793 --> 00:16:50,000
Same directions.
239
00:17:11,172 --> 00:17:13,758
All right, Neve. Have a wee
chat with your pal.
240
00:17:13,758 --> 00:17:15,206
That's the experiment finished.
241
00:17:18,517 --> 00:17:19,655
Third time lucky.
242
00:17:19,655 --> 00:17:22,275
Was there anything that stood
out for you? Erm...
243
00:17:22,275 --> 00:17:25,482
Probably in the middle of the
drive, I've seen two people
244
00:17:25,482 --> 00:17:27,517
looking like they had an
argument or something.
245
00:17:27,517 --> 00:17:30,689
- Can you describe them?
- The girl,
I think, had blonde hair,
246
00:17:30,689 --> 00:17:34,137
and she had her back to the
road, she had jeans on.
247
00:17:34,137 --> 00:17:35,758
And I think she had a jacket
on.
248
00:17:35,758 --> 00:17:40,241
And the male who was...
He had his arms out like this.
249
00:17:40,241 --> 00:17:43,344
And he had... I think
he had a grey jumper on
250
00:17:43,344 --> 00:17:45,172
and his hair was quite short.
251
00:17:45,172 --> 00:17:48,206
Quite short. What colour hair?
I think it was light.
252
00:17:48,206 --> 00:17:50,310
Did you get a look at
the man's face?
253
00:17:50,310 --> 00:17:51,344
Slightly.
254
00:17:51,344 --> 00:17:53,206
What can you remember about it?
255
00:17:53,206 --> 00:17:55,344
He wasn't happy. He wasn't
happy.
256
00:17:55,344 --> 00:17:57,793
Any features of his face
you can remember?
257
00:17:57,793 --> 00:17:59,862
He was clean-shaven.
He didn't have a beard.
258
00:17:59,862 --> 00:18:02,655
He was clean-shaven, didn't
have a beard. Describe her
again.
259
00:18:02,655 --> 00:18:05,931
She had light-coloured jeans on
with kind of long brown hair,
260
00:18:05,931 --> 00:18:07,793
and a dark jacket
with red bits on it.
261
00:18:07,793 --> 00:18:10,413
And they were having a
discussion?
262
00:18:10,413 --> 00:18:13,206
A heated one, I would say.
Heated discussion? Right, OK.
263
00:18:13,206 --> 00:18:15,344
When you first described
the female... Yes.
264
00:18:15,344 --> 00:18:17,586
...you said she had blonde hair
and then you said you had
brown.
265
00:18:17,586 --> 00:18:20,241
So was it blonde or brown?
I don't know.
266
00:18:20,241 --> 00:18:21,241
Thanks, Neve.
267
00:18:23,482 --> 00:18:25,379
Having carried out
this experiment today,
268
00:18:25,379 --> 00:18:29,655
I think it adds a wee bit of
doubt to Andrina Bryson's
statement
269
00:18:29,655 --> 00:18:31,413
and how much she's actually
seen.
270
00:18:31,413 --> 00:18:33,620
The bottom line is she's drove
by the first time
271
00:18:33,620 --> 00:18:36,310
and there's nothing that's
thrown her attention to the
couple
272
00:18:36,310 --> 00:18:37,896
standing up the lane.
273
00:18:37,896 --> 00:18:41,206
So whatever's drawn Andrina
Bryson's attention to it,
274
00:18:41,206 --> 00:18:44,551
considering there was not much
going on other than a couple
talking,
275
00:18:44,551 --> 00:18:46,034
I really don't know.
276
00:18:50,413 --> 00:18:54,275
The problem with eyewitness
statements is, good as they
are,
277
00:18:54,275 --> 00:18:56,724
some of the best evidence
you can get,
278
00:18:56,724 --> 00:18:58,724
eyewitnesses are influenced.
279
00:18:58,724 --> 00:19:02,275
The moment I leaned forward and
became agitated and suggested
280
00:19:02,275 --> 00:19:04,413
that the couple were having
an argument,
281
00:19:04,413 --> 00:19:08,310
that coloured Neve's perception
of that version of events,
282
00:19:08,310 --> 00:19:11,034
which then affects her
statement to John.
283
00:19:11,034 --> 00:19:13,724
18 months after identifying
Luke Mitchell
284
00:19:13,724 --> 00:19:15,482
as the male on the path,
285
00:19:15,482 --> 00:19:19,965
the prosecution called Andrina
Bryson to testify at his trial.
286
00:19:21,517 --> 00:19:24,655
Andrina Bryson's asked,
287
00:19:24,655 --> 00:19:29,206
"Is the person you saw that
day in this courtroom? Can you
see him?"
288
00:19:31,068 --> 00:19:33,655
She says... She can't identify
him.
289
00:19:39,379 --> 00:19:41,413
LUKE: That was a big moment for
me.
290
00:20:07,103 --> 00:20:10,206
There's been pictures of this
guy in the media
291
00:20:10,206 --> 00:20:12,965
for the best part of 19 months.
292
00:20:14,379 --> 00:20:17,620
And when he's standing there
in front of her,
293
00:20:17,620 --> 00:20:20,137
in court, she can't identify
him.
294
00:20:23,034 --> 00:20:25,310
And she was the prosecution's
star witness.
295
00:20:30,000 --> 00:20:32,965
The present day re-examination
has now uncovered
296
00:20:32,965 --> 00:20:37,724
another line of inquiry
and more potential suspects.
297
00:20:37,724 --> 00:20:41,551
There's a great deal of irony
here that Luke was the only
suspect.
298
00:20:41,551 --> 00:20:43,827
He was only ever the only
suspect.
299
00:20:43,827 --> 00:20:46,379
There was nobody else treated
as a suspect
300
00:20:46,379 --> 00:20:48,000
or considered as a suspect.
301
00:20:48,000 --> 00:20:49,000
And yet...
302
00:20:50,413 --> 00:20:54,517
...you didn't have to look very
far back then for other people
303
00:20:54,517 --> 00:20:58,620
that should at least have been
persons of interest.
304
00:20:58,620 --> 00:21:01,206
I think we need to take a look
at these two -
305
00:21:01,206 --> 00:21:03,413
the Moped Boys.
306
00:21:03,413 --> 00:21:05,379
Gordon Dickie and John Ferris?
307
00:21:05,379 --> 00:21:08,793
Aye. The moped... Apparently
it's a home-made moped.
308
00:21:08,793 --> 00:21:10,551
It's not got a silencer fitted.
309
00:21:10,551 --> 00:21:14,241
There's numerous witnesses
speak to hearing this moped
310
00:21:14,241 --> 00:21:16,862
running about the area of the
path between the two,
311
00:21:16,862 --> 00:21:18,758
Newburgh and Easthouses.
312
00:21:18,758 --> 00:21:23,310
Just a short time later, we've
got a witness who sees the
moped
313
00:21:23,310 --> 00:21:26,896
against the wall, right at the
V in the wall in the crime
scene, right?
314
00:21:26,896 --> 00:21:30,344
Sees the moped leaning against
the wall but doesn't see them
there.
315
00:21:30,344 --> 00:21:32,827
What time is that at?5:15.
316
00:21:32,827 --> 00:21:34,827
The exact time that Jodi
was murdered.
317
00:21:34,827 --> 00:21:37,000
According to the prosecution's
case.
318
00:21:37,000 --> 00:21:40,724
So we've got those two,
seen at five o'clock,
319
00:21:40,724 --> 00:21:43,310
their moped seen at the V at
5.15.
320
00:21:43,310 --> 00:21:46,724
They're nowhere to be seen
after Jodi's been murdered.
Yeah.
321
00:21:46,724 --> 00:21:48,137
That's kind of bizarre.
322
00:21:51,241 --> 00:21:53,517
Following appeals by police,
323
00:21:53,517 --> 00:21:58,206
the "Moped Boys" came forward
five days after the murder.
324
00:21:58,206 --> 00:22:02,034
One of the boys was Jodi's
cousin, John Ferris.
325
00:22:02,034 --> 00:22:03,896
This is Jodi's cousin
326
00:22:03,896 --> 00:22:07,379
and he takes five days
to come forward.
327
00:22:07,379 --> 00:22:09,275
Why would he do that?
328
00:22:09,275 --> 00:22:13,344
The police were appealing for
anybody that was on the path,
329
00:22:13,344 --> 00:22:18,586
or roundabout, between five
and ten o'clock that night to
come forward
330
00:22:18,586 --> 00:22:20,206
and just be eliminated.
331
00:22:20,206 --> 00:22:22,310
And these two didn't do that.
332
00:22:23,482 --> 00:22:27,137
The Moped Boys were called
as witnesses during the trial.
333
00:22:28,896 --> 00:22:31,827
They were asked where they were
334
00:22:31,827 --> 00:22:35,206
when the bike was propped
against the wall without them
335
00:22:35,206 --> 00:22:38,655
because the witness could only
see the bike, no people -
336
00:22:38,655 --> 00:22:40,103
and they said
they couldn't remember.
337
00:22:40,103 --> 00:22:41,655
They couldn't remember
where they were.
338
00:22:41,655 --> 00:22:43,517
They couldn't remember
what they were doing.
339
00:22:43,517 --> 00:22:46,241
Most of their evidence was they
couldn't remember anything
340
00:22:46,241 --> 00:22:47,310
about that day.
341
00:22:49,724 --> 00:22:55,000
We then find out that one of
them, John Ferris, hacked all
his hair off
342
00:22:55,000 --> 00:22:56,724
by himself, with scissors...
343
00:22:58,310 --> 00:22:59,689
...the day after the murder.
344
00:23:02,206 --> 00:23:04,896
In a dramatic moment
during their testimony,
345
00:23:04,896 --> 00:23:07,896
the Moped Boys both denied
murdering Jodi.
346
00:23:09,586 --> 00:23:13,689
Defence actually put the
questions to them directly,
347
00:23:13,689 --> 00:23:17,482
"Did you kill Jodi?" Directly.
348
00:23:17,482 --> 00:23:20,172
And obviously, they both said
no.
349
00:23:25,586 --> 00:23:28,655
OK, this is Judge Nimmo Smith,
names them and says it was
clear
350
00:23:28,655 --> 00:23:32,000
they were in the firing line
but points out that neither
351
00:23:32,000 --> 00:23:34,413
was actually accused outright
of murder.
352
00:23:34,413 --> 00:23:36,517
That's because they were just
asked.
353
00:23:36,517 --> 00:23:38,586
Do you know the difference
with that?
354
00:23:38,586 --> 00:23:43,103
They've got to say, "I put it
to you that you did murder
Jodi Jones,"
355
00:23:43,103 --> 00:23:45,655
instead of saying, "Did you
murder Jodi Jones?"
356
00:23:47,689 --> 00:23:52,275
When someone's convicted and
that conviction is
questionable,
357
00:23:52,275 --> 00:23:56,034
and you look back and say,
"Oh, yeah,
358
00:23:56,034 --> 00:24:01,172
"they questioned him and they
put that all over the papers,
359
00:24:01,172 --> 00:24:05,482
"but they didn't question
these people and nobody asked
why."
360
00:24:15,655 --> 00:24:21,310
I didn't meet Luke until about
eight weeks after Jodi was
murdered.
361
00:24:21,310 --> 00:24:22,896
So, let's see.
362
00:24:24,724 --> 00:24:28,068
In 2003, my future
was alternative health.
363
00:24:28,068 --> 00:24:31,620
Never in a million years
would I have believed
364
00:24:31,620 --> 00:24:34,965
that I would end up taking
a completely different route -
365
00:24:34,965 --> 00:24:39,068
studying the law, learning
about wrongful convictions
366
00:24:39,068 --> 00:24:43,482
and ending up doing a PhD
in criminology.
367
00:24:44,931 --> 00:24:49,931
This case took me in a
completely different
direction.
368
00:24:51,068 --> 00:24:54,862
Sandra Lean has continued to
legally challenge the police
treatment
369
00:24:54,862 --> 00:24:57,758
of Luke Mitchell during
the murder investigation
370
00:24:57,758 --> 00:25:00,482
as grounds for a miscarriage
of justice.
371
00:25:02,413 --> 00:25:09,275
Luke had just turned 15 when
he was detained on August
14th, 2003.
372
00:25:09,275 --> 00:25:12,241
Detained. He wasn't arrested.
373
00:25:12,241 --> 00:25:18,689
But he was taken to the police
station and questioned for
hours
374
00:25:18,689 --> 00:25:20,896
with no lawyer present.
375
00:25:20,896 --> 00:25:25,068
He asked for his mum and they
wouldn't let him speak to her.
376
00:25:25,068 --> 00:25:29,965
He asked for a lawyer and they
told him he wasn't entitled to
one.
377
00:25:31,172 --> 00:25:32,965
Do you get the idea, Luke?
378
00:25:32,965 --> 00:25:35,965
Everybody's speaking about you
carrying knives.
379
00:25:35,965 --> 00:25:38,241
We've got all these people
talking to the fact
380
00:25:38,241 --> 00:25:42,758
that you're a violent laddie,
a violent laddie, OK?
381
00:25:42,758 --> 00:25:45,000
You're a violent boy, OK?
382
00:26:12,379 --> 00:26:17,275
Luke Mitchell at the age of 15,
and therefore still a child,
383
00:26:17,275 --> 00:26:21,034
was interviewed for a lengthy
period of time.
384
00:26:21,034 --> 00:26:24,068
Some, albeit not all, of that
interview was then used
385
00:26:24,068 --> 00:26:26,000
in the case to convict him.
386
00:26:28,034 --> 00:26:31,896
Three years later, Lord Justice
General Lord Hamilton
387
00:26:31,896 --> 00:26:35,482
described the police officer's
conduct as "outrageous".
388
00:26:40,827 --> 00:26:43,551
"At times, the nature of
the questioning was such
389
00:26:43,551 --> 00:26:46,827
"that the questioner did not
seem to be seriously
interested
390
00:26:46,827 --> 00:26:49,068
"in a response from the
appellant,
391
00:26:49,068 --> 00:26:52,413
"but rather endeavouring
to break him down
392
00:26:52,413 --> 00:26:55,103
"into giving some
hoped-for confession
393
00:26:55,103 --> 00:26:59,448
"by his overbearing and
hostile interrogation."
394
00:26:59,448 --> 00:27:01,344
Interrogation.
395
00:27:01,344 --> 00:27:05,000
"Such conduct, particularly
where the interviewee
396
00:27:05,000 --> 00:27:07,758
"was a 15-year-old youth,
397
00:27:07,758 --> 00:27:09,206
"can only be deplored."
398
00:27:12,586 --> 00:27:17,551
The Scottish Criminal Cases
Review Commission concluded in
2014
399
00:27:17,551 --> 00:27:20,655
that Luke Mitchell's human
rights had been infringed
400
00:27:20,655 --> 00:27:22,793
during this interview.
401
00:27:22,793 --> 00:27:27,724
Looking back now at how the
police dealt with Luke
Mitchell
402
00:27:27,724 --> 00:27:32,206
when he was interviewed,
it beggars belief.
403
00:27:32,206 --> 00:27:35,689
There should have been no
interview of a child
404
00:27:35,689 --> 00:27:39,344
without legal advice and
support.
405
00:27:45,310 --> 00:27:48,965
With their re-examination of
the case drawing to a close,
406
00:27:48,965 --> 00:27:53,241
the former detectives
review the evidence so far.
407
00:27:53,241 --> 00:27:55,448
During the course of
investigation,
408
00:27:55,448 --> 00:28:00,000
we've uncovered what we would
regard as a number of
potential suspects
409
00:28:00,000 --> 00:28:03,931
that are basically in the same
category as Luke Mitchell.
410
00:28:03,931 --> 00:28:06,275
So what we intend to do today,
Mick and I,
411
00:28:06,275 --> 00:28:09,724
is we're going to go through
each one at a time and we'll
apply things
412
00:28:09,724 --> 00:28:12,793
like motive, ability,
identification, etc.
413
00:28:15,137 --> 00:28:18,517
It's a tool that detectives
have used for a long time
414
00:28:18,517 --> 00:28:22,034
and it's been very effective
in some very high-profile
murder cases.
415
00:28:23,620 --> 00:28:25,206
Right, Mick.
416
00:28:25,206 --> 00:28:29,344
- Steven Kelly.
- Steven Kelly -
Jodi's sister's boyfriend.
417
00:28:29,344 --> 00:28:33,586
Identification. With blood
found on the T-shirt that
contained...
418
00:28:34,793 --> 00:28:36,551
...Steven Kelly's DNA.
419
00:28:36,551 --> 00:28:40,206
There was DNA, male DNA,
on the body.
420
00:28:40,206 --> 00:28:41,896
But it wasn't Luke's.
421
00:28:41,896 --> 00:28:44,068
And the DNA related to Steven
Kelly.
422
00:28:44,068 --> 00:28:46,448
Janine's boyfriend.
Janine's boyfriend.
423
00:28:53,758 --> 00:28:56,413
He then changed his statement,
and by the time it got to
court,
424
00:28:56,413 --> 00:28:58,517
it was totally different from
the statement
425
00:28:58,517 --> 00:29:00,000
he provided at the start.
426
00:29:00,000 --> 00:29:03,103
In the first statement, he said
that Luke's dog, Mia,
427
00:29:03,103 --> 00:29:05,896
was sniffing the air
and was alerted to something.
428
00:29:05,896 --> 00:29:08,068
But then in the statement
he used at court,
429
00:29:08,068 --> 00:29:10,724
the dog didn't sniff the air
and Luke went straight to the
V.
430
00:29:10,724 --> 00:29:13,517
And it makes it look as if
Luke knew where the body was.
431
00:29:14,620 --> 00:29:17,137
The condom man.
432
00:29:17,137 --> 00:29:21,758
That condom was found to have
what was described as fresh
semen.
433
00:29:21,758 --> 00:29:23,620
He would've been
as strong a suspect,
434
00:29:23,620 --> 00:29:26,068
if not a stronger suspect
than Luke Mitchell.
435
00:29:26,068 --> 00:29:30,793
Given that it was a young
female and there was a condom
found with semen,
436
00:29:30,793 --> 00:29:35,103
I think it should have had
more significance than it
apparently did.
437
00:29:35,103 --> 00:29:38,448
Next, we've got Gordon Dickie
and John Ferris,
438
00:29:38,448 --> 00:29:41,379
the two that we've referred to
as the Moped Boys.
439
00:29:41,379 --> 00:29:45,206
John Ferris, a relative of
Jodi's family,
440
00:29:45,206 --> 00:29:49,034
puts hisself on the path at
the time of the murder.
441
00:29:49,034 --> 00:29:52,758
His moped's seen at the time of
the murder,
442
00:29:52,758 --> 00:29:54,241
near to the murder scene.
443
00:29:54,241 --> 00:29:57,517
And he takes five days
to come forward.
444
00:29:57,517 --> 00:29:59,241
Why would he do that?
445
00:29:59,241 --> 00:30:02,793
He changes his appearance after
the murder. He cuts his hair.
446
00:30:02,793 --> 00:30:04,551
Hacked all his hair off.
447
00:30:04,551 --> 00:30:07,172
Opportunity.
Both had the opportunity.
448
00:30:07,172 --> 00:30:09,448
They both know the area very
well.
449
00:30:09,448 --> 00:30:14,482
They'd know how to get away
from the locus of the murder
quickly.
450
00:30:14,482 --> 00:30:17,413
Most of their evidence was
they couldn't remember
451
00:30:17,413 --> 00:30:18,827
anything about that day.
452
00:30:20,206 --> 00:30:22,241
Mark Kane.
453
00:30:22,241 --> 00:30:23,862
Stays nearby the locus.
454
00:30:23,862 --> 00:30:26,206
He stays in the college, which
is not far from the locus.
455
00:30:26,206 --> 00:30:28,034
He habitually carries a knife.
456
00:30:28,034 --> 00:30:31,827
Next day, he turns up at
his pal's house, Scott Forbes.
457
00:30:38,724 --> 00:30:41,551
So he's left the area, he's
got injuries, scratches to his
face,
458
00:30:41,551 --> 00:30:43,206
redness to his eyes.
459
00:30:43,206 --> 00:30:46,448
He's the closest to the locus.
It's just directly across a
field.
460
00:30:46,448 --> 00:30:49,586
It's covert. You can't...
You're out of sight.
461
00:30:53,793 --> 00:30:55,000
Oh, definitely.
462
00:30:59,482 --> 00:31:02,000
We come to the last person
we're going to speak about
today,
463
00:31:02,000 --> 00:31:04,275
and it's probably our biggest
person of interest
464
00:31:04,275 --> 00:31:07,586
from the whole re-investigation
John and I have carried out.
465
00:31:07,586 --> 00:31:10,275
This one...
This person features massively.
466
00:31:11,758 --> 00:31:14,724
He did feature at the time of
the inquiry with the police,
467
00:31:14,724 --> 00:31:18,000
but for whatever reason, it
didn't seem to go any further
468
00:31:18,000 --> 00:31:20,965
and his name never came out.
469
00:31:20,965 --> 00:31:22,896
For various reasons, like I've
said,
470
00:31:22,896 --> 00:31:25,620
we can't name that individual
just now.
471
00:31:25,620 --> 00:31:28,379
We could go further,
but we've got to be careful.
472
00:31:28,379 --> 00:31:31,931
Let's put it this way - when we
started this investigation,
473
00:31:31,931 --> 00:31:33,241
he was in the periphery.
474
00:31:33,482 --> 00:31:36,655
But the further we went into
it, the more he came to the
fore.
475
00:31:36,655 --> 00:31:40,034
And he's now sitting here as
our strongest potential
suspect.
476
00:31:40,034 --> 00:31:43,448
I believe he's right up there.
477
00:31:48,448 --> 00:31:53,241
I totally believe that the
police wanted a quick arrest
478
00:31:53,241 --> 00:31:56,655
because they were getting
pressure from the public.
479
00:31:56,655 --> 00:31:59,206
A dangerous person was at large
480
00:31:59,206 --> 00:32:03,000
and they were in fear
for their lives, basically.
481
00:32:03,000 --> 00:32:06,103
And what I'd say to them is,
"You still should be -
482
00:32:06,103 --> 00:32:08,896
"because that person
is still at large."
483
00:32:14,413 --> 00:32:18,517
Journalist Bob Smith has
sparked new interest in the
case
484
00:32:18,517 --> 00:32:21,862
and convinced the Mail on
Sunday to pick up the story.
485
00:32:24,586 --> 00:32:27,689
What made you get interested
in the Luke Mitchell case?
486
00:32:27,689 --> 00:32:31,482
Well, I worked as a journalist
for a Sunday newspaper for
many years
487
00:32:31,482 --> 00:32:34,034
and I did a lot of reporting
on crime.
488
00:32:34,034 --> 00:32:36,620
And I was interested in
miscarried justice,
489
00:32:36,620 --> 00:32:38,551
or alleged miscarriage of
justice,
490
00:32:38,551 --> 00:32:40,862
putting information out there
into the public domain
491
00:32:40,862 --> 00:32:43,448
that might change the narrative
around the Luke Mitchell case.
492
00:32:43,448 --> 00:32:45,448
So I went to the Mail on
Sunday.
493
00:32:45,448 --> 00:32:48,896
I said to them, "His mum is
willing to do a lie detector
494
00:32:48,896 --> 00:32:51,586
"if you can help to arrange
to get a polygraph expert
495
00:32:51,586 --> 00:32:53,586
"to come in and test her."
496
00:32:54,931 --> 00:32:58,827
And I said, "This is going to
be a sensational story either
way."
497
00:32:58,827 --> 00:33:03,655
Either she's going to fail it
and that's going to underline
what
498
00:33:03,655 --> 00:33:06,068
the prosecution, the police
499
00:33:06,068 --> 00:33:08,655
and some of the public
and the media thought...
500
00:33:10,172 --> 00:33:12,310
...because she had given him an
alibi
501
00:33:12,310 --> 00:33:15,931
for the time that Jodi
was apparently murdered...
502
00:33:17,172 --> 00:33:18,448
...or if she'll pass it.
503
00:33:19,724 --> 00:33:23,068
Can you imagine the eyebrows
that will be raised if that
happens?
504
00:33:25,034 --> 00:33:29,931
His alibi was me, obviously,
because he was in the house
with me.
505
00:33:29,931 --> 00:33:32,862
Because I was working
full-time,
506
00:33:32,862 --> 00:33:36,275
obviously I had to get help
with chores. That was his
chore.
507
00:33:36,275 --> 00:33:40,896
Majority of the times,
he cooked the evening meal.
508
00:33:40,896 --> 00:33:43,551
It was a big gamble on the part
of Corrine
509
00:33:43,551 --> 00:33:46,620
to put herself forward
to take a lie detector test.
510
00:33:46,620 --> 00:33:49,793
Here's the key witness,
the key alibi witness,
511
00:33:49,793 --> 00:33:54,896
and she's so determined, so
convinced that her story is
true
512
00:33:54,896 --> 00:33:57,551
and her son is innocent
that she's going to put herself
513
00:33:57,551 --> 00:34:01,413
through a polygraph test
in the glare of a newspaper.
514
00:34:01,413 --> 00:34:04,758
We would be taking pictures
and we would publish the
result,
515
00:34:04,758 --> 00:34:06,448
even if it went against her.
516
00:34:08,862 --> 00:34:11,551
In February 2012,
517
00:34:11,551 --> 00:34:14,551
Corrine Mitchell took
the lie detector test
518
00:34:14,551 --> 00:34:18,482
and agreed for the results to
be published in the Mail on
Sunday.
519
00:34:31,241 --> 00:34:34,344
I faced numerous accusations -
520
00:34:34,344 --> 00:34:38,413
one of them being that
I actually did the murder,
521
00:34:38,413 --> 00:34:42,448
another one being that Luke
did the murder and I helped
him clean up,
522
00:34:42,448 --> 00:34:48,413
I'd burned all his bloodied
clothing in my log burner.
523
00:35:12,448 --> 00:35:13,758
She's passed it...
524
00:35:15,000 --> 00:35:20,034
...without, you know, any
hesitation,
525
00:35:20,034 --> 00:35:24,034
any suggestion that her answers
were in any way vague
526
00:35:24,034 --> 00:35:27,137
or not 100% truthful.
527
00:35:27,137 --> 00:35:31,862
So, yeah, certainly that led me
to think...
528
00:35:33,137 --> 00:35:35,344
..."Yeah, I've got to keep
pushing on with this
529
00:35:35,344 --> 00:35:38,310
"and find out what other
evidence and information there
is
530
00:35:38,310 --> 00:35:39,482
"in this case."
531
00:35:40,931 --> 00:35:44,275
Nine weeks later,
from inside prison,
532
00:35:44,275 --> 00:35:47,931
Luke Mitchell also took
the lie detector test.
533
00:35:58,310 --> 00:36:02,586
Corrine Mitchell had
sensationally passed a lie
detector test.
534
00:36:07,965 --> 00:36:11,724
Luke Mitchell requested that he
also be allowed to take the
test
535
00:36:11,724 --> 00:36:13,137
from inside prison.
536
00:36:14,482 --> 00:36:19,482
We decided, "Right, let's see
if we can get Luke to get a
polygraph,"
537
00:36:19,482 --> 00:36:23,551
cos that, again, would be,
well, compared to his mother
538
00:36:23,551 --> 00:36:25,103
passing a lie detector.
539
00:36:25,103 --> 00:36:30,724
That would be an even more
dramatic, sensational twist in
the story
540
00:36:30,724 --> 00:36:32,448
if he passed as well.
541
00:36:35,551 --> 00:36:39,551
The polygraph examiner tells
Luke Mitchell to close his
eyes,
542
00:36:39,551 --> 00:36:42,551
to block out distractions
from the prison floor.
543
00:37:35,241 --> 00:37:40,241
As you can imagine, it caused
quite a media sensation at the
time
544
00:37:40,241 --> 00:37:44,068
and people obviously
asking questions -
545
00:37:44,068 --> 00:37:46,689
"Could this indeed be
a miscarriage of justice?"
546
00:37:55,827 --> 00:37:57,827
You, as a professional
journalist,
547
00:37:57,827 --> 00:37:59,551
you deal with people
telling you the truth
548
00:37:59,551 --> 00:38:01,827
and telling you lies regularly.
549
00:38:01,827 --> 00:38:03,379
As a whole, right from the
start,
550
00:38:03,379 --> 00:38:06,344
what's your opinion on
Luke Mitchell?
551
00:38:06,344 --> 00:38:12,034
Looking at all the different
strands of the case that cause
concern
552
00:38:12,034 --> 00:38:17,758
and raise question marks, like
lack of forensic evidence...
553
00:38:17,758 --> 00:38:21,103
...question marks over the
reliability of eyewitnesses...
554
00:38:22,586 --> 00:38:25,344
...some of the behaviour
of the police...
555
00:38:27,413 --> 00:38:32,103
...and then layer on top of
that the things I was directly
involved with,
556
00:38:32,103 --> 00:38:35,034
there was reasonable doubt
557
00:38:35,034 --> 00:38:37,896
and there was enough doubt
about the conviction,
558
00:38:37,896 --> 00:38:42,206
enough question marks, that we
need to keep looking at this
case.
559
00:38:43,758 --> 00:38:48,000
Is it possible is the real
murderer of Jodi Jones still
out there,
560
00:38:48,000 --> 00:38:52,586
walking about, while an
innocent man's spent a long
time in jail?
561
00:39:08,482 --> 00:39:11,827
I'm going to go down and
check on Corrine again.
562
00:39:11,827 --> 00:39:13,931
I did speak with her last
night,
563
00:39:13,931 --> 00:39:20,724
but her health has
deteriorated so badly over the
last few months.
564
00:39:25,206 --> 00:39:28,827
Every time I go down, every
time she doesn't answer the
phone,
565
00:39:28,827 --> 00:39:31,206
every time I leave,
566
00:39:31,206 --> 00:39:34,448
it terrifies me that that's
going to be the last time,
567
00:39:34,448 --> 00:39:36,551
and that next time...
568
00:39:38,275 --> 00:39:40,482
...she's not going to be there
569
00:39:40,482 --> 00:39:43,620
or I'm going to go down
and find her dead.
570
00:39:47,068 --> 00:39:49,517
She's been a figure
of so much hate...
571
00:39:50,689 --> 00:39:52,862
...in this area for so long.
572
00:40:03,517 --> 00:40:05,793
How are you feeling?
573
00:40:05,793 --> 00:40:07,827
Pretty crap, to be honest.
Right?
574
00:40:07,827 --> 00:40:10,275
Are you back at the
hospital...?
575
00:40:10,275 --> 00:40:13,413
Well, I was supposed to be
back yesterday,
576
00:40:13,413 --> 00:40:15,448
but they cancelled.
577
00:40:15,448 --> 00:40:17,413
Freezing in here, Corrine.
578
00:40:17,413 --> 00:40:20,448
Absolutely freezing, it is.
Yes, it is.
579
00:40:20,448 --> 00:40:24,310
It is, but one gets used to it, eventually.
580
00:40:24,310 --> 00:40:26,206
You do what you have to do.
581
00:40:26,206 --> 00:40:28,482
Well, not too many people
have to do that.
582
00:40:28,482 --> 00:40:31,931
Even Luke's got heat and water.
583
00:40:31,931 --> 00:40:33,862
That's true. That's true.
584
00:40:33,862 --> 00:40:37,724
And he has a toilet!
Has a toilet, yeah.
585
00:40:37,724 --> 00:40:40,793
Yes, yes, that's a wee joke we
have.
586
00:40:40,793 --> 00:40:42,586
I've got to slop out
- and he doesn't.
- Yeah.
587
00:40:42,586 --> 00:40:45,931
THEY LAUGH
And he's the one in prison.
588
00:40:47,034 --> 00:40:50,000
I have nightmares about...
589
00:40:51,068 --> 00:40:55,172
...popping my clogs before he
gets released. I really,
really do.
590
00:40:55,172 --> 00:41:00,275
Because my mum, she...
591
00:41:00,275 --> 00:41:05,068
She was determined to see her
grandson out where he belonged.
592
00:41:06,586 --> 00:41:10,517
Unfortunately, she was taken
before her time,
593
00:41:10,517 --> 00:41:13,068
and I worry that that is going
to happen to me.
594
00:41:15,620 --> 00:41:17,586
SHE COUGHS
595
00:41:19,620 --> 00:41:22,586
But it's not in my hands,
basically, now.
596
00:41:22,586 --> 00:41:25,034
It's not my hands,
it's in the hands of fate.
597
00:41:46,620 --> 00:41:48,758
This is where we started
our investigation,
598
00:41:48,758 --> 00:41:50,310
and we're now at the end.
599
00:41:53,379 --> 00:41:56,448
Every time you come back here,
it's a horrible feeling of
dread.
600
00:41:58,551 --> 00:42:01,206
What happened here
was beyond terrible -
601
00:42:01,206 --> 00:42:03,275
a 14-year-old girl murdered.
602
00:42:06,000 --> 00:42:09,793
I do believe Luke Mitchell
suffered a serious miscarriage
of justice
603
00:42:09,793 --> 00:42:12,517
and was let down by
the legal system.
604
00:42:12,517 --> 00:42:15,586
And he was also, in my opinion,
let down by a jury.
605
00:42:15,586 --> 00:42:18,206
I can't understand how they
could find him guilty
606
00:42:18,206 --> 00:42:21,551
beyond reasonable doubt
at that trial.
607
00:42:21,551 --> 00:42:23,413
I would take it one step
further.
608
00:42:23,413 --> 00:42:27,758
27 years as a police officer,
my gut instinct has never let
me down.
609
00:42:27,758 --> 00:42:32,103
I'm not based on my opinion or
my assumptions on a gut
instinct alone,
610
00:42:32,103 --> 00:42:35,586
but on the investigation
we've carried out here.
611
00:42:35,586 --> 00:42:40,206
In my opinion, Luke Mitchell
did not commit this crime and
he's innocent.
612
00:42:43,275 --> 00:42:46,862
As a scientist, I don't take a
view on innocence or guilt.
613
00:42:46,862 --> 00:42:49,068
We tend to work on the
evidence.
614
00:42:50,724 --> 00:42:54,000
In my view, in this case,
there simply seemed to be
615
00:42:54,000 --> 00:42:57,344
an insufficiency of evidence
for a conviction.
616
00:42:59,862 --> 00:43:04,034
Until we have answers to all
the questions surrounding this
case,
617
00:43:04,034 --> 00:43:06,206
this case will never go away.
618
00:43:09,758 --> 00:43:13,068
Luke Mitchell's defence team
have lodged three appeals
619
00:43:13,068 --> 00:43:16,931
between 2008 and 2011,
620
00:43:16,931 --> 00:43:19,275
all of which have been
rejected.
621
00:43:22,137 --> 00:43:25,379
So many lives were destroyed
here.
622
00:43:25,379 --> 00:43:27,620
Jodi lost her life,
623
00:43:27,620 --> 00:43:30,620
but so many others have lost
so much
624
00:43:30,620 --> 00:43:33,206
because the truth's just never
been found.
625
00:43:44,896 --> 00:43:46,310
I have a vision.
626
00:43:49,517 --> 00:43:53,655
It's not a dream because I'm
not asleep, but I have a
vision.
627
00:43:56,827 --> 00:44:01,827
I see Luke at the top of
these stairs, smiling.
628
00:44:01,827 --> 00:44:03,379
He's got his long hair again...
629
00:44:05,172 --> 00:44:09,344
...tied back in a ponytail,
wearing his sunglasses,
630
00:44:09,344 --> 00:44:12,724
and he's smiling
because he's been released.
631
00:44:19,344 --> 00:44:22,931
It's something I just keep in
there. I just keep it in
there.
632
00:44:47,482 --> 00:44:52,931
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