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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:39,933 --> 00:00:44,108 It's been described by police as one of the most violent murders 2 00:00:44,133 --> 00:00:45,158 in a generation. 3 00:00:46,623 --> 00:00:48,598 This would have been a bloodbath. 4 00:00:48,623 --> 00:00:51,547 5 00:00:51,572 --> 00:00:53,747 6 00:00:53,772 --> 00:00:57,747 7 00:00:57,772 --> 00:01:00,438 She'd put up an enormous fight. 8 00:01:00,463 --> 00:01:05,028 There was evidence of a struggle. The area was heavily bloodstained. 9 00:01:05,053 --> 00:01:07,388 F 10 00:01:07,413 --> 00:01:10,028 This was probably the most shocking 11 00:01:10,053 --> 00:01:12,828 and horrific murder in Scottish criminal history. 12 00:01:20,213 --> 00:01:24,828 F 13 00:01:24,853 --> 00:01:27,988 F 14 00:01:29,463 --> 00:01:34,028 He was a Satan-worshipping, scary, Gothic character. 15 00:01:34,053 --> 00:01:38,627 This is a little village and we've got a devil worshipper. 16 00:01:38,652 --> 00:01:41,308 You can just imagine the fear. 17 00:01:45,822 --> 00:01:48,877 18 00:01:48,902 --> 00:01:51,988 Mrs Jones, are you happy that justice has been served today? 19 00:02:48,572 --> 00:02:53,308 Dalkeith's the biggest town in this area. Originally a market town, 20 00:02:53,333 --> 00:02:54,718 about eight miles from Edinburgh. 21 00:02:56,543 --> 00:02:59,308 In a sort of semicircle, there's maybe half a dozen 22 00:02:59,333 --> 00:03:01,078 little interlinked villages. 23 00:03:01,103 --> 00:03:03,547 Some of them were mining villages, some of them 24 00:03:03,572 --> 00:03:05,867 grew out of the market town of Dalkeith. 25 00:03:07,933 --> 00:03:09,828 Nothing ever really happens here. 26 00:03:09,853 --> 00:03:12,667 It's an ordinary place with ordinary people. 27 00:03:15,333 --> 00:03:18,188 Teenagers Jodi Jones and Luke Mitchell 28 00:03:18,213 --> 00:03:22,638 lived in the neighbouring villages of Easthouses and Newbattle. 29 00:03:22,663 --> 00:03:25,908 They had been dating for five months. 30 00:03:25,933 --> 00:03:30,388 I met her a few times, not a lot, but I met her a few times. 31 00:03:30,413 --> 00:03:32,588 Typical 14-year-old. 32 00:03:32,613 --> 00:03:35,388 Shy, but not to the awkward stage 33 00:03:35,413 --> 00:03:40,328 and not cocky, just...a lovely, well mannered wee girl. 34 00:03:45,853 --> 00:03:48,997 Jodi and Luke arrange to meet as usual after dinner. 35 00:03:50,463 --> 00:03:55,588 A very, very ordinary Monday. Couldn't have been more ordinary. 36 00:03:57,533 --> 00:04:00,188 As it turned out, it wasn't, was it? 37 00:04:06,613 --> 00:04:10,558 Jodi doesn't arrive to meet Luke and just after 10pm, 38 00:04:10,583 --> 00:04:14,508 her family realise she hasn't been seen since five o'clock. 39 00:04:14,533 --> 00:04:17,078 A search party is arranged to find her. 40 00:04:21,213 --> 00:04:25,028 Luke came to me in a bit of a state, saying, "Jodi's missing!" 41 00:04:26,853 --> 00:04:29,508 And he borrowed the torch and off they went. 42 00:04:33,103 --> 00:04:37,308 Luke meets Jodi's family at the top of Roan's Dyke Path, 43 00:04:37,333 --> 00:04:40,638 a woodland short cut connecting both their homes. 44 00:04:43,892 --> 00:04:48,388 Waiting for him at the top of the path were Jodi's sister Janine, 45 00:04:48,413 --> 00:04:51,558 her gran Alice and Janine's boyfriend, Steven Kelly. 46 00:04:53,663 --> 00:04:56,867 So, they all set off, down the path 47 00:04:56,892 --> 00:05:00,148 and they're just past this break in the wall. 48 00:05:01,413 --> 00:05:05,667 And Luke goes over the wall and he calls out, 49 00:05:05,692 --> 00:05:07,997 "I think there's something here." 50 00:05:08,022 --> 00:05:10,388 The sister's boyfriend, Steven Kelly, then goes 51 00:05:10,413 --> 00:05:12,358 over to the wall and the granny - 52 00:05:12,383 --> 00:05:14,997 well, she wants to see for herself what's there. 53 00:05:16,613 --> 00:05:19,358 And she started screaming. 54 00:05:24,413 --> 00:05:30,358 Jodi had been beaten, her hair had been pulled out by the roots, 55 00:05:30,383 --> 00:05:32,667 she'd been strangled. 56 00:05:32,692 --> 00:05:36,428 Her throat was cut between 12 and 20 times. 57 00:05:38,333 --> 00:05:40,108 She was virtually decapitated. 58 00:05:41,733 --> 00:05:44,747 REPORTER: Jodi Jones was found hidden in woodland on the other side 59 00:05:44,772 --> 00:05:46,787 of a wall running alongside a path. 60 00:05:46,812 --> 00:05:50,508 Tonight, there is a very real deep sense of shock that a crime 61 00:05:50,533 --> 00:05:51,948 like this has happened here. 62 00:05:58,133 --> 00:06:02,787 From the minute the news of the murder broke on the morning 63 00:06:02,812 --> 00:06:07,638 ofJuly 1st, the hysteria, 64 00:06:07,663 --> 00:06:09,997 the relentless media coverage, 65 00:06:10,022 --> 00:06:15,388 the fear, the fact that something like that could happen in this area. 66 00:06:16,453 --> 00:06:20,348 F 67 00:06:20,373 --> 00:06:21,508 F 68 00:06:22,613 --> 00:06:24,917 There was a maniac roaming among us. 69 00:06:26,583 --> 00:06:30,308 Police have staged a reconstruction of the last-known movements 70 00:06:30,333 --> 00:06:33,278 of murdered teenagerJodi Jones. 71 00:06:33,303 --> 00:06:37,198 F 72 00:06:37,223 --> 00:06:39,838 F 73 00:06:42,503 --> 00:06:45,328 I got a call from a police officer. 74 00:06:45,353 --> 00:06:50,328 They wouldn't tell me what had happened, just that they were taking 75 00:06:50,353 --> 00:06:55,408 Luke and Mia, our dog, to the police station and could I meet them there? 76 00:06:57,433 --> 00:07:02,008 Then we were questioned about that night and they tape 77 00:07:02,033 --> 00:07:08,328 your conversations and my tape was marked "Witness" 78 00:07:08,353 --> 00:07:13,488 and I noticed that Luke's tape was marked "Suspect". 79 00:07:13,513 --> 00:07:17,967 It appeared that Luke Mitchell was now prime suspect. 80 00:07:17,992 --> 00:07:21,428 Police believed he had led the search party to Jodi's body. 81 00:07:22,783 --> 00:07:25,818 A location only her killer could have known. 82 00:07:40,463 --> 00:07:44,797 It seemed 14-year-old Luke Mitchell had become the prime suspect 83 00:07:44,822 --> 00:07:46,738 in his girlfriend's murder. 84 00:07:49,072 --> 00:07:52,968 A police search of his house revealed more about his character. 85 00:07:54,553 --> 00:07:58,787 Mitchell had really highly peculiar habits at home. 86 00:08:00,583 --> 00:08:03,917 He was storing up jars of urine in his room. 87 00:08:05,832 --> 00:08:12,037 He was a dope-smoking, kind of feral youth, a scary Gothic character. 88 00:08:14,553 --> 00:08:17,787 They found Satanic slogans on his schooljotters. 89 00:08:19,423 --> 00:08:22,718 And one of the things that made this case seem really scary, 90 00:08:22,743 --> 00:08:26,358 really terrifying, was this emphasis that Luke Mitchell was 91 00:08:26,383 --> 00:08:29,528 a devil worshipper, that he was into the occult. 92 00:08:37,192 --> 00:08:41,328 And he was obsessed by the Black Dahlia murders. 93 00:08:44,103 --> 00:08:47,278 Jodi's injuries were said to have some similarity 94 00:08:47,303 --> 00:08:50,838 to those of a murder victim known as the Black Dahlia, 95 00:08:50,863 --> 00:08:54,247 a young woman who had been mutilated in a ritualistic killing. 96 00:08:56,303 --> 00:08:59,318 The Black Dahlia case was the killing of a young woman called 97 00:08:59,343 --> 00:09:02,448 Elizabeth Short in Los Angeles, in 1947. 98 00:09:05,993 --> 00:09:08,247 She was found horribly mutilated. 99 00:09:09,663 --> 00:09:11,318 She'd been severed in two 100 00:09:11,343 --> 00:09:13,247 so the legs and the torso had been separated. 101 00:09:15,022 --> 00:09:17,278 Was Mitchell inspired by the Black Dahlia? 102 00:09:21,192 --> 00:09:23,558 The case against Luke Mitchell was building. 103 00:09:25,223 --> 00:09:29,498 The police were closing in and the press began to name him 104 00:09:29,523 --> 00:09:30,658 as the main suspect. 105 00:09:34,093 --> 00:09:38,358 This stuff was being gobbled up insatiably in broadsheets 106 00:09:38,383 --> 00:09:39,678 as well as tabloids. 107 00:09:41,663 --> 00:09:43,558 It's got a kind of horror movie element to it. 108 00:09:43,583 --> 00:09:46,278 You know, this is about a young girl who's 14 109 00:09:46,303 --> 00:09:48,198 who's found brutally murdered. 110 00:09:48,223 --> 00:09:52,478 And in all that crazy stuff around devil worship and drugs, 111 00:09:52,503 --> 00:09:57,678 and you have a really kind of toxic brew that people 112 00:09:57,703 --> 00:09:58,838 couldn't get enough of. 113 00:10:00,473 --> 00:10:03,348 The press just ran amok. 114 00:10:06,062 --> 00:10:08,318 They were virtually camped outside our door 115 00:10:08,343 --> 00:10:12,247 with their sandwiches and flasks, flinging themselves on my car 116 00:10:12,272 --> 00:10:15,758 when my car left the driveway just to get a close-up of Luke. 117 00:10:19,623 --> 00:10:23,448 There was the story, which became enormous, of Luke Mitchell 118 00:10:23,473 --> 00:10:26,298 being asked not to attend the funeral ofJodi Jones. 119 00:10:27,443 --> 00:10:32,917 We weren't allowed to go to Jodi's funeral and I asked why, 120 00:10:32,942 --> 00:10:35,528 and they said because the family were... 121 00:10:36,753 --> 00:10:39,728 ...frightened that we would turn into a circus. 122 00:10:42,223 --> 00:10:46,528 On the day that the funeral happened, he decided to sit 123 00:10:46,553 --> 00:10:48,237 down with Sky News and do an interview. 124 00:10:50,833 --> 00:10:55,878 Sky came to my door and I told them, yes, 125 00:10:55,903 --> 00:10:58,917 we were having a vigil forJodi. 126 00:11:01,503 --> 00:11:05,987 So they asked if they could come in and to witness that. 127 00:11:06,012 --> 00:11:09,678 I thought, what harm can it do? Erm... 128 00:11:11,553 --> 00:11:18,237 In fact, I thought it would do better because there was a whisper 129 00:11:18,262 --> 00:11:22,448 of Luke not caring a jot, and he was unemotional 130 00:11:22,473 --> 00:11:24,167 and he was this, that and the other. 131 00:11:24,192 --> 00:11:29,037 And I thought, well, at least if we show them this, then at least 132 00:11:29,062 --> 00:11:31,917 they know we are thinking about her and we do 133 00:11:31,942 --> 00:11:36,518 have emotions and whatnot. So I let them in. 134 00:11:36,543 --> 00:11:41,678 And basically that horrible little man started 135 00:11:41,703 --> 00:11:43,448 almost interviewing Luke. 136 00:11:44,543 --> 00:11:48,878 137 00:11:48,903 --> 00:11:50,367 F 138 00:11:52,343 --> 00:11:56,838 I just say they're being naive, not to believe everything you read 139 00:11:56,863 --> 00:12:00,008 in the papers. It's trial by media. 140 00:12:01,623 --> 00:12:06,478 The interview itself had a rather unpleasant sort of vibe to it. 141 00:12:06,503 --> 00:12:11,117 The police and accusations, and things, I couldn't care about. 142 00:12:11,142 --> 00:12:12,268 It was just... 143 00:12:15,543 --> 00:12:18,478 Just want to find out what happened and who did it. 144 00:12:19,753 --> 00:12:21,518 It felt strange to watch. 145 00:12:21,543 --> 00:12:23,518 There was judgments made about the relationship 146 00:12:23,543 --> 00:12:26,758 between Mitchell and his mother. 147 00:12:26,783 --> 00:12:30,318 It added to the creepiness and the disturbing nature of the story. 148 00:12:30,343 --> 00:12:31,907 149 00:12:33,823 --> 00:12:36,598 150 00:12:37,753 --> 00:12:41,157 Yeah, the public turned against us with that one. 151 00:12:50,573 --> 00:12:53,478 REPORTER: A 15-year-old boy has been remanded in custody 152 00:12:53,503 --> 00:12:57,008 after appearing in court charged with the murder ofJodi Jones. 153 00:12:58,213 --> 00:13:03,438 Luke Mitchell was finally arrested on April 14th, 2004. 154 00:13:03,463 --> 00:13:06,008 Ten months after Jodi's murder. 155 00:13:06,033 --> 00:13:09,878 REPORTER: At around 7:30, the police arrested the youth at his home 156 00:13:09,903 --> 00:13:12,367 and brought him back here to the station. 157 00:13:12,392 --> 00:13:15,928 His alibi that he was at home cooking dinner was rejected, 158 00:13:15,953 --> 00:13:19,037 and his mother and older brother were arrested. 159 00:13:19,062 --> 00:13:22,078 REPORTER: We understand that she's going to be charged with attempting 160 00:13:22,103 --> 00:13:25,398 to pervert the course of justice in connection with this case. 161 00:13:26,953 --> 00:13:30,318 The final plank in the police case against Luke Mitchell 162 00:13:30,343 --> 00:13:33,828 was that his mother gave a false alibi to protect him. 163 00:13:53,343 --> 00:13:55,598 Innocent or guilt, 164 00:13:55,623 --> 00:13:57,718 there's something wrong with this conviction. 165 00:14:00,423 --> 00:14:04,828 We have a 14-year-old boy, and despite extensive investigation, 166 00:14:04,853 --> 00:14:07,758 there is no forensic evidence to link him to the crime. 167 00:14:09,593 --> 00:14:12,718 F 168 00:14:12,743 --> 00:14:15,468 F 169 00:14:17,033 --> 00:14:20,037 We're going to find somebody guilty, it has to be on the basis of solid 170 00:14:20,062 --> 00:14:23,958 evidence beyond reasonable doubt, that hasn't happened in Luke's case. 171 00:14:25,983 --> 00:14:28,568 We're talking about a person's life 172 00:14:28,593 --> 00:14:34,878 and you need science to put someone in jail. 173 00:14:41,423 --> 00:14:44,958 PHONE LINE RINGS 174 00:15:30,413 --> 00:15:33,848 My name's John Sallens, I'm 27 years a police officer, 175 00:15:33,873 --> 00:15:36,438 most of my time as a detective. 176 00:15:36,463 --> 00:15:38,798 I've worked on many high-profile inquiries, 177 00:15:38,823 --> 00:15:43,598 murders, terrorism, serious and organised crime, 178 00:15:43,623 --> 00:15:45,357 spent most of my time in CID. 179 00:15:49,103 --> 00:15:51,568 My name is Michael Neill. 180 00:15:51,593 --> 00:15:54,357 I started off as a uniformed officer in the north of Glasgow, 181 00:15:54,382 --> 00:15:57,157 trained as a firearms officer during that time, and then moved 182 00:15:57,182 --> 00:15:59,568 into the CID arena. 183 00:15:59,593 --> 00:16:02,237 Spent the majority of my career after that as a detective. 184 00:16:03,823 --> 00:16:06,668 John and I now run our own private investigation company. 185 00:16:16,043 --> 00:16:18,538 With a combined 50 years' experience, 186 00:16:18,563 --> 00:16:20,588 the former detectives have agreed, 187 00:16:20,613 --> 00:16:24,098 for the purposes of this documentary, to re-examine the case 188 00:16:24,123 --> 00:16:25,688 against Luke Mitchell. 189 00:16:27,532 --> 00:16:31,458 The difficulty of being asked to reinvestigate a case that's 17 years 190 00:16:31,483 --> 00:16:35,257 old, and in this case, especially, where someone's been convicted 191 00:16:35,282 --> 00:16:39,507 of that murder and been in prison, I suppose the biggest difficulty 192 00:16:39,532 --> 00:16:42,898 forJohn and I will be to keep an open mind. 193 00:16:42,923 --> 00:16:45,098 It may well be the case 194 00:16:45,123 --> 00:16:49,297 that we think Luke Mitchell is guilty, but we don't know until 195 00:16:49,322 --> 00:16:50,578 both of us have investigated it. 196 00:16:52,683 --> 00:16:55,688 We'll start right at the beginning. 197 00:16:55,713 --> 00:16:58,788 What do we know? The basics. What do we know about this case? 198 00:16:58,813 --> 00:17:03,658 We know Luke Mitchell was found guilty by majority verdict. 199 00:17:03,683 --> 00:17:06,738 14-year-old at the time of the murder, 16-year-old at the time of 200 00:17:06,763 --> 00:17:11,868 the trial, OK? Sentenced to life with a minimum of 20 years. 201 00:17:13,813 --> 00:17:17,018 We are doing things retrospectively now without the full knowledge 202 00:17:17,043 --> 00:17:18,788 of what investigation team carried out. 203 00:17:18,813 --> 00:17:21,738 We are just trying to conduct this investigation based on 204 00:17:21,763 --> 00:17:24,377 our own experience and things that we would have done at the time. 205 00:17:24,402 --> 00:17:26,297 What we've got forensically to tie him to it? 206 00:17:26,322 --> 00:17:28,938 Absolutely nothing forensically. It's a circumstantial case. 207 00:17:28,963 --> 00:17:32,018 You would think, considering the brutality of that murder, 208 00:17:32,043 --> 00:17:34,177 that there would have been something forensically. 209 00:17:34,202 --> 00:17:36,257 Luke has maintained his innocence. 210 00:17:36,282 --> 00:17:41,818 He had the opportunity to say that he was guilty of this and it would 211 00:17:41,843 --> 00:17:44,688 have made a difference to his length of sentence, but he's adamant that 212 00:17:44,713 --> 00:17:46,818 he hasn't committed this murder. Right, OK. 213 00:17:48,173 --> 00:17:51,658 Right, so, why don't we go through there and visit the crime scene? 214 00:17:51,683 --> 00:17:54,257 We'll certainly go out and get a feel for it. We'll do that. 215 00:18:04,633 --> 00:18:06,157 It's a lovely place as well, innit? 216 00:18:07,452 --> 00:18:08,818 Nice wee quiet town. 217 00:18:10,173 --> 00:18:11,497 Don't think we're far away now. 218 00:18:17,272 --> 00:18:19,898 That's it there, that path there. So it is, yeah. 219 00:18:22,173 --> 00:18:23,247 Let's go. 220 00:18:27,813 --> 00:18:30,068 So it's just a straight track up here, all right? 221 00:18:32,913 --> 00:18:36,497 I was a crime scene manager for about five years. 222 00:18:36,522 --> 00:18:39,968 You've got to think like the suspect. 223 00:18:41,733 --> 00:18:45,658 What can I take from this that's going to help me find out 224 00:18:45,683 --> 00:18:46,988 who has committed this crime? 225 00:18:48,432 --> 00:18:52,157 If you can retrieve evidence from the actual scene of the crime, 226 00:18:52,182 --> 00:18:57,407 linking the accused to the crime, it doesnae get any better than that. 227 00:18:57,432 --> 00:18:59,277 Is that it? It is. 228 00:19:03,103 --> 00:19:04,438 Right. 229 00:19:05,823 --> 00:19:08,407 We're just trying to establish exactly where the body was found. 230 00:19:10,743 --> 00:19:14,438 It's hard to see. You're talking 17 years ago. It's this bit here. 231 00:19:14,463 --> 00:19:15,688 See it? 232 00:19:15,713 --> 00:19:19,438 If I lay down, you're going to have to put me in the position. 233 00:19:19,463 --> 00:19:21,638 Hands behind my back? Eh... 234 00:19:23,583 --> 00:19:28,118 Jodi had injuries to her throat area. Her throat was cut. 235 00:19:28,143 --> 00:19:31,708 And she'd suffered slash marks from the right-hand side of her mouth 236 00:19:31,733 --> 00:19:34,508 towards her ear, halfway towards her ear. 237 00:19:34,533 --> 00:19:39,508 There was incised wounds to her forearms, her breast, 238 00:19:39,533 --> 00:19:44,397 her eyelids, her abdomen area, her hands had been tied behind her back 239 00:19:44,422 --> 00:19:45,868 using her own trousers. 240 00:19:47,463 --> 00:19:50,397 It's... We're painting a picture here and it sounds gruesome, 241 00:19:50,422 --> 00:19:54,198 but, trust me, it's horrendous the injuries Jodi received. 242 00:19:54,223 --> 00:19:55,397 Absolutely horrendous. 243 00:19:56,763 --> 00:19:57,738 I'll get you up. 244 00:19:59,192 --> 00:20:01,477 This would have been a bloodbath. 245 00:20:01,502 --> 00:20:05,508 The person that carried out this brutal murder would have 246 00:20:05,533 --> 00:20:09,397 definitely had blood on them, and some defensive injuries. 247 00:20:09,422 --> 00:20:11,788 Jodi put up a fight, 248 00:20:11,813 --> 00:20:14,788 so there was every likelihood that he had scratches and bruises. 249 00:20:16,813 --> 00:20:23,247 250 00:20:23,272 --> 00:20:27,298 251 00:20:27,323 --> 00:20:32,908 252 00:20:32,933 --> 00:20:34,628 F 253 00:20:36,263 --> 00:20:40,188 Forensic teams removed more than 100 items of evidence from the murder 254 00:20:40,213 --> 00:20:44,628 scene, including hair, saliva, semen and blood. 255 00:20:47,292 --> 00:20:54,238 People assumed that there must have been masses of DNA that linked Luke 256 00:20:54,263 --> 00:20:57,058 to the case, identified Luke as the killer. 257 00:20:57,083 --> 00:21:03,347 It comes as a bit of a shock to most people to realise there was no DNA 258 00:21:03,372 --> 00:21:08,668 whatsoever to link Luke to the murder, to the murder scene 259 00:21:08,693 --> 00:21:12,267 or to linkJodi to Luke. 260 00:21:12,292 --> 00:21:13,778 So nothing. 261 00:21:17,292 --> 00:21:19,908 To find nothing in such a brutal crime scene as this, 262 00:21:19,933 --> 00:21:22,668 bearing in mind that Luke Mitchell's fingernails were scraped 263 00:21:22,693 --> 00:21:23,828 and they had dirt in them. 264 00:21:23,853 --> 00:21:26,028 If he'd washed, that wouldn't have been the case. 265 00:21:26,053 --> 00:21:30,267 We're talking about a mutilation. I mean, it's horrific. 266 00:21:30,292 --> 00:21:32,467 Absolutely horrific what was taking place, so to get 267 00:21:32,492 --> 00:21:36,908 out of here, get home, destroy everything, every single piece 268 00:21:36,933 --> 00:21:39,308 of DNA evidence that could possibly be on your body, 269 00:21:39,333 --> 00:21:41,698 I find it unbelievable. 270 00:21:41,723 --> 00:21:42,878 There was DNA... 271 00:21:44,083 --> 00:21:49,267 ...male DNA at the scene and on the body. 272 00:21:49,292 --> 00:21:50,908 But it wasn't Luke's. 273 00:21:53,723 --> 00:21:58,158 Forensics found DNA on a bloodstain on Jodi's T-shirt. 274 00:21:58,183 --> 00:22:02,878 DNA from Steven Kelly, Jodi's sister's boyfriend. 275 00:22:04,362 --> 00:22:07,748 That implicates Steven Kelly more than it implicates Luke Mitchell 276 00:22:07,773 --> 00:22:10,238 because there was nothing found from Luke Mitchell. 277 00:22:10,263 --> 00:22:13,878 This was the only full DNA profile 278 00:22:13,903 --> 00:22:17,798 they had from Jodi's body or her clothing. 279 00:22:17,823 --> 00:22:21,267 You would have thought they'd have gone straight to his door and gone, 280 00:22:21,292 --> 00:22:24,948 "Er, you have some explaining to do." 281 00:22:24,973 --> 00:22:26,387 Why didn't they do that? 282 00:22:29,003 --> 00:22:32,188 The explanation given by the prosecution in court 283 00:22:32,213 --> 00:22:35,587 for Kelly's DNA was that Jodi had borrowed her sister 284 00:22:35,612 --> 00:22:37,467 Janine's T-shirt that night. 285 00:22:41,053 --> 00:22:44,948 A wider search of the area around Jodi's body revealed 286 00:22:44,973 --> 00:22:49,587 Steven Kelly's DNA wasn't the only male profile found. 287 00:23:04,023 --> 00:23:08,397 Forensic searches from the crime scene found DNA from Jodi's sister's 288 00:23:08,422 --> 00:23:13,798 boyfriend on clothing. But another male profile was also found 289 00:23:13,823 --> 00:23:16,647 in a used condom close to Jodi's body. 290 00:23:18,953 --> 00:23:23,158 That condom was found to have what was described as fresh semen. 291 00:23:23,183 --> 00:23:26,928 The police didn't find the owner of the condom 292 00:23:26,953 --> 00:23:29,318 in the initial investigation. 293 00:23:29,343 --> 00:23:34,568 He was traced three years later in 2006 when his DNA was put 294 00:23:34,593 --> 00:23:39,387 through the national database in relation to a different incident. 295 00:23:39,412 --> 00:23:45,250 It would seem significant in terms of the nature of the crime, given 296 00:23:45,275 --> 00:23:49,948 that it was a young female and there was a condom found with semen. 297 00:23:49,973 --> 00:23:53,068 I think it should have had more significance than it apparently did. 298 00:23:55,763 --> 00:23:59,228 F 299 00:23:59,253 --> 00:24:04,837 300 00:24:04,862 --> 00:24:09,058 301 00:24:10,813 --> 00:24:12,558 We've only been here a short space of time. 302 00:24:12,583 --> 00:24:15,988 Straight away, we've spoke about another two potential suspects. 303 00:24:17,402 --> 00:24:20,377 Luke Mitchell was the only member of the search party 304 00:24:20,402 --> 00:24:23,707 to be forensically examined by the police that night. 305 00:24:28,333 --> 00:24:32,018 The visit here today for us is very worthwhile. 306 00:24:32,043 --> 00:24:36,268 The biggest thing for us is if those four people were here and found 307 00:24:36,293 --> 00:24:39,478 that body why was it only Luke Mitchell that was taken in... Yeah. 308 00:24:39,503 --> 00:24:40,738 ...to be interviewed? 309 00:24:40,763 --> 00:24:45,837 All four of them should have been treated at that point as the same. 310 00:24:45,862 --> 00:24:48,298 It just seems to be it was only Luke Mitchell. 311 00:24:48,323 --> 00:24:50,988 And at this moment there doesn't seem to be a reason for that. 312 00:25:26,893 --> 00:25:28,868 I sprinted up to the police station. 313 00:25:30,573 --> 00:25:33,587 I asked where my child and my dog were. 314 00:25:35,213 --> 00:25:37,377 I was shown into a room and... 315 00:25:40,323 --> 00:25:42,658 ...the sight was just horrendous. 316 00:25:42,683 --> 00:25:48,938 Luke was sitting in a white forensic suit, he'd been stripped naked, 317 00:25:48,963 --> 00:25:53,148 and he just had a tear streaming down his cheek 318 00:25:53,173 --> 00:25:55,478 and his eyes were like saucers. 319 00:25:55,503 --> 00:25:59,298 He looked like somebody had hit him right between the eyes 320 00:25:59,323 --> 00:26:02,988 with a mallet. That's what he looked like. Total shock. 321 00:26:04,732 --> 00:26:08,478 The police would be under pressure from an early stage to make sure 322 00:26:08,503 --> 00:26:11,908 that they identified a suspect and arrested someone, 323 00:26:11,933 --> 00:26:18,148 but it is possible to lose important lines of inquiry by developing 324 00:26:18,173 --> 00:26:20,268 a case theory prematurely. 325 00:26:21,573 --> 00:26:24,757 That early closing of minds 326 00:26:24,782 --> 00:26:27,018 for the possibility of other suspects 327 00:26:27,043 --> 00:26:31,268 can result in lines of inquiry not being taken, which means, 328 00:26:31,293 --> 00:26:35,348 then, that to an extent the investigation becomes 329 00:26:35,373 --> 00:26:37,908 an inevitability in terms of where the finger points. 330 00:26:44,423 --> 00:26:48,298 An examination of the case files reveals an inconsistency 331 00:26:48,323 --> 00:26:51,757 in the stories of how Jodi's body was found that night. 332 00:26:53,852 --> 00:26:57,398 You've got the granny's statement, the sister's statement, the sister's 333 00:26:57,423 --> 00:27:00,507 boyfriend's statement, but the first statement he made bears no 334 00:27:00,532 --> 00:27:02,707 resemblance to the statement that's used at court. 335 00:27:02,732 --> 00:27:06,468 In their first statement, they say that Luke's dog, Mia, was sniffing 336 00:27:06,493 --> 00:27:09,507 the air and was alerted to something. Right? 337 00:27:09,532 --> 00:27:12,268 Which is what Luke says as well. Which is what Luke says as well. 338 00:27:12,293 --> 00:27:15,348 Which would indicate that the dog has found something and not Luke. 339 00:27:15,373 --> 00:27:18,428 But then as they go on and they put the statement they use at court, 340 00:27:18,453 --> 00:27:21,068 the dog didn't sniff the air and Luke went straight to the V, 341 00:27:21,093 --> 00:27:24,038 and it makes it look as if Luke knew where the body was. 342 00:27:24,063 --> 00:27:26,707 It makes Luke Mitchell as a suspect fit. 343 00:27:30,602 --> 00:27:36,858 The defence tried to pursue that, and they read out the sister's 344 00:27:36,883 --> 00:27:40,218 boyfriend's description of the dog, it's an Alsatian, it's a big dog. 345 00:27:40,243 --> 00:27:41,788 Its head was above the height of the V. 346 00:27:41,813 --> 00:27:46,318 That's a very clear description of the dog and how it reacted. 347 00:27:46,343 --> 00:27:50,348 And he put it to the witnesses, "This is what you said." 348 00:27:50,373 --> 00:27:52,757 And they said things like, "I don't remember." 349 00:27:54,772 --> 00:27:59,988 And the first story that they were all telling together 350 00:28:00,013 --> 00:28:01,827 just disappears. 351 00:28:01,852 --> 00:28:06,548 352 00:28:06,573 --> 00:28:11,068 353 00:28:11,093 --> 00:28:16,188 354 00:28:16,213 --> 00:28:19,678 355 00:28:19,703 --> 00:28:22,548 F 356 00:28:22,573 --> 00:28:25,468 357 00:28:25,493 --> 00:28:28,707 358 00:28:28,732 --> 00:28:31,188 359 00:28:31,213 --> 00:28:33,957 360 00:28:33,982 --> 00:28:39,108 F 361 00:28:39,133 --> 00:28:41,068 362 00:28:41,093 --> 00:28:43,908 It'd be interesting for us to have a look through the statements and see 363 00:28:43,933 --> 00:28:45,747 where they start to change. 364 00:28:45,772 --> 00:28:47,747 And if there's anything been suggested to them. 365 00:28:47,772 --> 00:28:50,497 Has it been suggested to them that this is what might have happened? 366 00:28:50,522 --> 00:28:53,138 And they've thought, "Mm, aye, maybe." 367 00:29:00,872 --> 00:29:04,128 Luke Mitchell was 14 years old when he was accused 368 00:29:04,153 --> 00:29:06,618 of murdering his girlfriend. 369 00:29:06,643 --> 00:29:10,288 He was named by the press within days, but not officially 370 00:29:10,313 --> 00:29:12,767 charged until ten months later. 371 00:29:14,872 --> 00:29:19,517 Luke was... When I say he was in the press constantly, I mean, 372 00:29:19,542 --> 00:29:21,928 daily, absolutely daily. 373 00:29:24,823 --> 00:29:29,048 This is five days after the murder, I believe, where we've got, 374 00:29:29,073 --> 00:29:31,878 "Detectives hunting the killer of 14-year-old Jodi Jones were last 375 00:29:31,903 --> 00:29:34,328 "night questioning her boyfriend and his older brother." 376 00:29:34,353 --> 00:29:36,128 And Mitchell's named here. 377 00:29:36,153 --> 00:29:40,408 So, you know, we have the ethical issue 378 00:29:40,433 --> 00:29:42,928 right at the start of the case. 379 00:29:42,953 --> 00:29:46,368 You know, should we be naming a child at this point? 380 00:29:46,393 --> 00:29:52,208 Umpteen photos of him, naming him. Now, bear in mind this is pre-trial. 381 00:29:52,233 --> 00:29:55,568 He had not been convicted. He hadn't even been arrested, 382 00:29:55,593 --> 00:29:59,798 but he was being treated like a criminal. 383 00:29:59,823 --> 00:30:02,258 So, I mean, we've got a picture of Mitchell here. 384 00:30:05,153 --> 00:30:07,438 When you look back on this, it's intensely problematic 385 00:30:07,463 --> 00:30:10,798 for how this case is going to be treated by a jury, 386 00:30:10,823 --> 00:30:12,208 in the eyes of the public. 387 00:30:14,383 --> 00:30:16,178 Why do people think he did it? 388 00:30:16,203 --> 00:30:20,358 Because the police told the press and the press told the public. 389 00:30:22,922 --> 00:30:25,897 You worry about how this whole narrative was being framed 390 00:30:25,922 --> 00:30:28,538 by the police using the press 391 00:30:28,563 --> 00:30:31,328 and what that would mean by the time it gets to court. 392 00:30:31,353 --> 00:30:35,328 That's really what lies at the kind of icky heart of this. 393 00:30:35,353 --> 00:30:39,208 394 00:30:39,233 --> 00:30:43,078 F 395 00:30:43,103 --> 00:30:46,897 What intrigues me the most about this case is, 396 00:30:46,922 --> 00:30:49,078 was it the prosecution of a lifestyle? 397 00:30:49,103 --> 00:30:53,468 What I mean by that is Luke Mitchell's case seemed to fit in 398 00:30:53,493 --> 00:30:56,668 with a narrative which was unfolding in the late 19905 399 00:30:56,693 --> 00:31:00,468 and early 20005 where kids were, in effect, almost criminalised 400 00:31:00,493 --> 00:31:04,418 themselves because of their attitudes or their behaviour. 401 00:31:04,443 --> 00:31:06,978 The dope smoking, the violent computer games, 402 00:31:07,003 --> 00:31:10,288 the listening to, you know, music that adults found offensive. 403 00:31:12,023 --> 00:31:16,058 I mean, one of the strange things about this case is the whole 404 00:31:16,083 --> 00:31:20,697 involvement of Marilyn Manson and the Black Dahlia story 405 00:31:20,722 --> 00:31:24,978 being sucked into the narrative of the Luke Mitchell case. 406 00:31:25,003 --> 00:31:29,228 Marilyn Manson was fascinated with the Black Dahlia case. 407 00:31:29,253 --> 00:31:35,058 We know that he painted watercolours of the Black Dahlia victim. 408 00:31:35,083 --> 00:31:38,767 And it turned out the prosecution were trying to claim that Luke 409 00:31:38,792 --> 00:31:44,438 had carried out a copycat of the Dahlia murder from the Manson 410 00:31:44,463 --> 00:31:47,668 paintings because he was obsessed with Marilyn Manson. 411 00:31:47,693 --> 00:31:50,438 Well, if the kid's into Marilyn Manson and Marilyn Manson's 412 00:31:50,463 --> 00:31:53,508 into the Black Dahlia, then, you know, was Mitchell inspired 413 00:31:53,533 --> 00:31:54,668 by the Black Dahlia? 414 00:31:54,693 --> 00:31:57,867 There's a little bit of a problem there or there should have been 415 00:31:57,892 --> 00:32:00,798 a little bit of a problem there because there was no 416 00:32:00,823 --> 00:32:04,847 evidence at all that Luke had ever seen the paintings or that he knew 417 00:32:04,872 --> 00:32:06,458 anything about them. 418 00:32:06,483 --> 00:32:09,468 So they took all the computers that Luke had access to - 419 00:32:09,493 --> 00:32:12,258 none of them had accessed those paintings. 420 00:32:13,693 --> 00:32:19,188 F 421 00:32:19,213 --> 00:32:22,188 F 422 00:32:22,213 --> 00:32:25,617 423 00:33:19,433 --> 00:33:22,097 The whole idea - I don't know how many times this has to come up 424 00:33:22,122 --> 00:33:24,048 in cases like this - 425 00:33:24,073 --> 00:33:27,967 they listen to a particular type of music and that drives 426 00:33:27,992 --> 00:33:29,408 them to murder. 427 00:33:31,353 --> 00:33:37,017 There is no scientific evidence to back up those claims, 428 00:33:37,042 --> 00:33:39,245 wherever they've been made. 429 00:33:39,270 --> 00:33:42,353 But they keep the keep wheeling that old nugget out 430 00:33:42,378 --> 00:33:45,353 because it's sensational. 431 00:33:47,808 --> 00:33:50,893 People don't go out and kill because of Marilyn Manson. 432 00:33:50,918 --> 00:33:53,023 You can't blame Marilyn Manson for murder. 433 00:33:58,168 --> 00:34:02,453 As the re-examination of the case continues, a disturbing piece 434 00:34:02,478 --> 00:34:06,353 of evidence reveals another potential suspect. 435 00:34:06,378 --> 00:34:09,633 We've got another person of interest that absolutely shocked me. 436 00:34:09,658 --> 00:34:11,812 There's a guy by the name of Mark Kane. 437 00:34:11,837 --> 00:34:14,783 He's turned up with scratches on his face. 438 00:34:14,808 --> 00:34:18,942 If Luke Mitchell didn't killJodi, somebody else did. 439 00:34:28,738 --> 00:34:30,663 DOG BARKS 440 00:34:32,217 --> 00:34:35,223 Sound effects! SHE CHUCKLES 441 00:34:35,248 --> 00:34:39,153 In April 2004, Luke Mitchell's mother, Corinne, 442 00:34:39,178 --> 00:34:41,493 was arrested and charged with attempting to pervert 443 00:34:41,518 --> 00:34:43,573 the course of justice. 444 00:34:43,598 --> 00:34:47,303 Eight months later, all charges against her were dropped. 445 00:34:49,048 --> 00:34:55,513 This was caravan sales and the shop sold caravan accessories. 446 00:34:57,458 --> 00:34:59,763 I lost everything. 447 00:34:59,788 --> 00:35:05,072 Started with losing my son, and there's nothing worse, 448 00:35:05,097 --> 00:35:09,763 as a mother, watching your son being taken away from you when 449 00:35:09,788 --> 00:35:11,403 you can't do anything. 450 00:35:11,428 --> 00:35:15,583 You can try - you can try screaming, try shouting, yelling. 451 00:35:15,608 --> 00:35:17,112 Not going to get you anywhere. 452 00:35:18,578 --> 00:35:21,153 And especially when you know he's not done anything wrong 453 00:35:21,178 --> 00:35:23,913 because he was with you. 454 00:35:23,938 --> 00:35:28,553 And no-one listens. No-one listens. 455 00:35:30,458 --> 00:35:33,072 Then that has a knock-on effect. 456 00:35:37,818 --> 00:35:43,683 Well, after Luke was convicted, obviously this was an easy target. 457 00:35:43,708 --> 00:35:50,072 And one night I got a phone call from the police - "Can you come up?" 458 00:35:50,097 --> 00:35:53,633 So I was up here about three o'clock in the morning. 459 00:35:53,658 --> 00:35:57,683 To be honest, all I could do was just sit in my car and just stare. 460 00:35:57,708 --> 00:36:01,683 It was just mind-blowing. 461 00:36:01,708 --> 00:36:06,143 Utter carnage. It wasn't just a couple of broken windows. 462 00:36:06,168 --> 00:36:10,072 It was 40-odd caravans, completely trashed. 463 00:36:13,887 --> 00:36:15,353 So I sold the house. 464 00:36:16,738 --> 00:36:18,862 So now we've got nothing, absolutely nothing. 465 00:36:20,708 --> 00:36:27,112 So I'm living here, not my ideal plan at 61 living with no 466 00:36:27,137 --> 00:36:32,753 electricity, so... no running water, no toilet. 467 00:36:32,778 --> 00:36:36,753 Unfortunately, now my health is suffering because of it. 468 00:36:49,458 --> 00:36:54,192 No, no, you're too big to do that now. You're too big to do that now. 469 00:36:55,498 --> 00:36:56,553 Yes, you are. 470 00:36:57,738 --> 00:36:59,393 SHE COUGHS 471 00:37:02,097 --> 00:37:06,992 In here is what used to be my office, 472 00:37:07,017 --> 00:37:10,992 which is now my bedroom-cum-living room, 473 00:37:11,017 --> 00:37:12,833 which I share with Michael here. 474 00:37:15,168 --> 00:37:18,192 And a few... A few rodents. 475 00:37:18,217 --> 00:37:19,192 Yes. 476 00:37:27,658 --> 00:37:30,112 How long have you lived here? 477 00:37:30,137 --> 00:37:32,423 What are we...? Coming up six years. 478 00:37:42,217 --> 00:37:43,583 Luke and Mia. 479 00:37:45,528 --> 00:37:50,633 An innocent little boy dragged from his home, having done nothing 480 00:37:50,658 --> 00:37:55,753 wrong and then been turned into a monster by the press. 481 00:37:58,137 --> 00:37:59,273 It's just... 482 00:38:00,628 --> 00:38:03,753 ...devastating. Completely devastating. 483 00:38:07,217 --> 00:38:09,503 God, he just looks so young in that photo. 484 00:38:11,137 --> 00:38:13,312 Did you ever wonder whether you could do this any more? 485 00:38:13,337 --> 00:38:16,503 Oh, I'll do it. Erm... 486 00:38:16,528 --> 00:38:19,633 It's taking its toll but, yeah, I'll keep doing it until he's out 487 00:38:19,658 --> 00:38:22,553 where he should be. Erm... 488 00:38:23,978 --> 00:38:27,393 Cos I want justice for my boy, end of. 489 00:39:00,578 --> 00:39:06,423 17 years after the conviction of Luke Mitchell, evidence from 2003 490 00:39:06,448 --> 00:39:10,192 reveals another potential suspect who may have been overlooked 491 00:39:10,217 --> 00:39:11,343 by the police. 492 00:39:13,978 --> 00:39:17,423 We've got another person of interest that absolutely shocked me. 493 00:39:17,448 --> 00:39:21,273 See if you go down to number four on that list. Yeah, got it, yeah. 494 00:39:21,298 --> 00:39:25,913 You'll see that there's a guy by the name of Mark Kane. Yeah. 495 00:39:25,938 --> 00:39:29,473 Mark Kane has apparently turned up at his friend's house 496 00:39:29,498 --> 00:39:30,703 the day after the murder. 497 00:39:30,728 --> 00:39:32,623 He's turned up with scratches on his face. 498 00:39:34,058 --> 00:39:35,953 I carried out a wee experiment last night. 499 00:39:35,978 --> 00:39:39,753 I want to show you some pictures, right. First of all, who's that? 500 00:39:41,188 --> 00:39:43,273 That's Luke Mitchell. All right. 501 00:39:47,298 --> 00:39:48,673 Who's this? 502 00:39:50,448 --> 00:39:54,232 I don't know who that is, but he's similar, the hairstyle 503 00:39:54,257 --> 00:39:56,833 looks very similar to Luke Mitchell. That's what I thought. 504 00:39:56,858 --> 00:40:00,473 That's Mark Kane. You're joking, No. How similar are they? 505 00:40:02,087 --> 00:40:03,263 Right. 506 00:40:03,288 --> 00:40:07,953 The whole thing rests on eyewitness evidence, driving by and identifying 507 00:40:07,978 --> 00:40:11,033 a person as Luke Mitchell, and they look so similar. 508 00:40:14,418 --> 00:40:18,442 During the police investigation, eyewitnesses Rosemary Walsh 509 00:40:18,467 --> 00:40:21,703 ancl Lorraine Fleming said they had seen Luke Mitchell 510 00:40:21,728 --> 00:40:24,982 at the end of the path leading to the murder site on the night 511 00:40:25,007 --> 00:40:26,153 of Jodi's murder. 512 00:40:28,368 --> 00:40:32,442 F 513 00:40:32,467 --> 00:40:36,803 F 514 00:40:36,828 --> 00:40:38,753 F 515 00:40:38,778 --> 00:40:41,897 F 516 00:40:41,922 --> 00:40:44,106 517 00:40:44,131 --> 00:40:45,617 518 00:40:47,131 --> 00:40:49,467 Another wee trip through to Dalkeith again. 519 00:40:57,812 --> 00:41:01,467 Scott Forbes, the man who was visited by Mark Kane the clay 520 00:41:01,492 --> 00:41:05,106 after the murder, has agreed to meet with the investigators 521 00:41:05,131 --> 00:41:06,467 at the crime scene. 522 00:41:09,052 --> 00:41:12,976 So this will give us a feeling for it now. A proper feeling. 523 00:41:13,001 --> 00:41:16,387 Nothing better than actually speaking to folk direct 524 00:41:16,412 --> 00:41:18,257 rather than reading their statements. 525 00:41:19,852 --> 00:41:23,827 There's the gate there and there's the entrance to the path. 526 00:41:23,852 --> 00:41:24,897 Right. 527 00:41:32,642 --> 00:41:33,976 So what's over here? 528 00:41:37,892 --> 00:41:41,827 So that's the college directly through the trees there? 529 00:41:41,852 --> 00:41:43,537 A 530 00:41:43,562 --> 00:41:46,407 So we've got Luke Mitchell staying down there. 531 00:41:46,432 --> 00:41:48,607 We've gotJodi Jones staying up there. 532 00:41:48,632 --> 00:41:50,807 We've got Mark Kane staying over there. 533 00:41:50,832 --> 00:41:53,407 The closest person's obviously Mark Kane. 534 00:41:53,432 --> 00:41:56,557 So you're only talking a couple of minutes to get from there to there. 535 00:42:05,632 --> 00:42:06,837 Definitely. 536 00:42:12,221 --> 00:42:14,326 Tell me how you know Mark Kane, Scott. 537 00:42:17,862 --> 00:42:21,087 As an individual, what sort of person was he? 538 00:42:33,072 --> 00:42:35,637 What makes you think that Mark Kane's involved in the murder 539 00:42:35,662 --> 00:42:37,047 ofJodi Jones, then? 540 00:42:53,371 --> 00:42:56,027 It's part of the same - basically the woods surround this field? 541 00:42:56,052 --> 00:42:57,346 Right. 542 00:43:08,532 --> 00:43:10,617 See, the day you seen him, did he have a knife on him? 543 00:43:12,121 --> 00:43:13,387 Never seen it? 544 00:43:35,251 --> 00:43:38,176 Do you think Mark Kane killed Jodi Jones? 545 00:43:42,532 --> 00:43:45,007 Mick and I would like to have a chat with Mark Kane. 546 00:43:45,032 --> 00:43:47,757 Is it possible for you to arrange a meeting that we could sit down 547 00:43:47,782 --> 00:43:50,226 and talk to him about this in view of the things that you've... 548 00:43:50,251 --> 00:43:51,226 549 00:43:53,092 --> 00:43:54,457 Mark Kane's dead? 550 00:43:56,251 --> 00:43:57,377 Last year? 551 00:44:07,562 --> 00:44:11,306 I think we need to take a look at these two moped boys. 552 00:44:11,331 --> 00:44:15,647 We've got a witness who sees the moped against the wall 553 00:44:15,672 --> 00:44:18,346 right at the V in the wall at the crime scene. 554 00:44:18,371 --> 00:44:21,737 Sees the moped leaning against the wall but doesn't see them there. 555 00:44:21,762 --> 00:44:23,947 What time was that at? 5:15. 556 00:44:23,972 --> 00:44:26,346 The exact time that Jodi was murdered. 557 00:44:26,371 --> 00:44:28,377 F 558 00:44:28,402 --> 00:44:31,537 559 00:44:31,562 --> 00:44:36,176 F 560 00:45:05,652 --> 00:45:08,647 Subtitles by Red Bee Media 46879

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