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[dark music]
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♪
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When Deanie was missing,
4
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I would pray real hard
and ask God,
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"Help us find Deanie.
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Show us where he is."
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♪
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I'm not a psychic,
I'm not crazy,
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but God kind of showed me
a picture in my mind
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of a river of muddy water
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with weeds sticking up in it.
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I was scared to death.
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♪
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[soft twangy music]
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I've made my way out here
to Shelby County.
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It is a very rural community
out here in Kentucky,
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and you've got these little,
teeny, tiny jewel box towns,
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and it's just beautiful.
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And there's life on the water.
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There's rivers, there's lakes,
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you know, fishing
and being outdoors.
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It's, like, a really nice,
quiet life.
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And that's why
it's really shocking
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when--obviously when
something terrible happens.
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♪
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[soft music]
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I've lived here
for many years.
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All in all, it's just a nice,
peaceful town and good people.
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♪
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Rural communities,
the individuals
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take care of each other.
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They truly watch out
for each other.
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They are supportive
in law enforcement.
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♪
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I don't worry about somebody
breaking in on me or anything.
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I'm just a country girl.
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You gotta be free.
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Open up doors,
open up your windows,
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let it all hang out.
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♪
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Back in 1998,
a 40-year-old man
42
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named Kyle Dean Breeden,
who went by Deanie,
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he was a really loved
member of the community,
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and so when he went missing,
45
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there was a lot of heartache
in the town here.
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And when his body showed up,
everyone was devastated.
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Everybody in town was pointing
the finger at everybody else,
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and so they could never
nail down a suspect.
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It became a cold case.
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And it was really important
to this community
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that they find out who did it
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and they get justice
for Deanie.
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And I don't know
that he--the killer for Deanie
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will ever be held accountable.
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I'm going to meet
with Susan King,
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who lives here
in rural Kentucky.
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She, probably more
than anybody,
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can give us insight
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as to what went wrong
in this case.
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[dramatic music]
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♪
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Hello? Susan?
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- Yes.
- Hi!
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- Hello!
- How are you?
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I got a cold, wet paw here.
66
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No, you're fine.
It's hot out here.
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- I know it's hot out here.
- This is gorgeous!
68
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Here, you've got a hair
out of place.
69
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Thank you.
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- 'Cause I'm a hair--
- You're a hairdresser.
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- I'm a retired hairdresser.
- You gotta fix me.
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You're in charge
of making me look cute today.
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[both laughing]
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♪
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How did you know
Deanie Breeden?
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I went to high school
with Deanie.
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- Okay.
- And he was so cute.
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And he was so funny
and so handsome.
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And he was just hilarious,
his personality.
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Oh, him and his buddies,
they were bad.
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[laughs]
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Fun ones are sometimes.
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[laughing]
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After school, I went my way,
85
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and he was doing plumbing
with his father's business.
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- Okay.
- And then it was in 1996,
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I think, that he came over
with a cousin,
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and I hadn't seen him in years
and years and years.
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So we ended up
going out that night.
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Next thing you know,
we were together.
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00:04:01,931 --> 00:04:03,001
Yeah.
92
00:04:03,104 --> 00:04:06,522
Were you guys on or off
when Deanie went missing?
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00:04:06,625 --> 00:04:08,627
We were off.
I broke up with Deanie
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about three months
before he went missing.
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[foreboding music]
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♪
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The last day that anyone
saw Kyle Dean Breeden
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was on October 26th of 1998.
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He didn't show up for work
the next day.
100
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I don't think anyone
actually suspected
101
00:04:26,542 --> 00:04:27,681
any sort of foul play
102
00:04:27,784 --> 00:04:28,958
or that anything
had happened to him.
103
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I think people thought
that he must've just
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been out partying
or just out having fun
105
00:04:33,652 --> 00:04:37,035
and that he's gonna turn up
sooner or later.
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He goes missing.
107
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How do you find out about it?
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His mom called me
and wanted to know
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if Deanie was at my house,
and I said,
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"No, I haven't seen him,
about three weeks."
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The more time that passed,
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I think the more concerned
people got.
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Some of his friends
and a bunch of my friends,
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we would get together
early every morning,
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and we'd try to find him.
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We looked everywhere.
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My whole church
was praying for Deanie.
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And I can pray,
119
00:05:05,719 --> 00:05:07,790
and sometimes God answers you,
you know?
120
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Yeah, I know.
121
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I told him, I said,
122
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"Lord, we need help
finding him.
123
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Show me where he's at."
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And what he showed me
was a river.
125
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The water was muddy,
and it was rushing by
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with a lot of weeds
sticking up at the bank.
127
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On November 5th of 1998,
128
00:05:26,740 --> 00:05:28,811
two fishermen were fishing
in the Kentucky River,
129
00:05:28,914 --> 00:05:33,885
and they found a body floating
in the river near the reeds,
130
00:05:33,988 --> 00:05:37,060
and it ends up
being Kyle Dean Breeden.
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We all came across the news
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about a body
they found in the river,
133
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and the phone rang,
and it was his oldest brother.
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It was just a terrible thing,
135
00:05:48,278 --> 00:05:50,591
the way his mom and dad suffered.
136
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It was devastating
to everybody.
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♪
138
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It's a lot to shoulder
when it's people
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that you've known
your whole life.
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This was the absolute
worst-case scenario
141
00:06:01,291 --> 00:06:02,983
for a small town in Kentucky.
142
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♪
143
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The Kentucky State Police
took lead of the investigation
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as soon as they found the body.
145
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♪
146
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My name is Todd Harwood.
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I spent 21 years with
the Kentucky State Police.
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♪
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00:06:18,792 --> 00:06:20,483
When Kyle Breeden's body
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was floating
in the Kentucky River,
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the body presented
evidence of bloating,
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which means that the body
had been there for some time.
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00:06:28,664 --> 00:06:31,011
And there was
a guitar amplifier cord
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wrapped around his legs.
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Two gunshot wounds were found,
to the head.
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It was very apparent
that this was a victim
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of some type of foul play.
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00:06:41,159 --> 00:06:44,818
And once detectives picked up
the Breeden investigation,
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00:06:44,921 --> 00:06:48,994
their next task
is to canvass the community.
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00:06:49,098 --> 00:06:50,548
Initially,
they only had a body.
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00:06:50,651 --> 00:06:52,377
They didn't have any sort
of eyewitness.
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00:06:52,481 --> 00:06:54,137
So the state police
started interviewing
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00:06:54,241 --> 00:06:56,588
all of his friends and family
to see when he was last seen,
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00:06:56,692 --> 00:06:59,488
if they can put together
a timeline.
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We know that at 10:00 a.m.,
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00:07:01,800 --> 00:07:05,114
he was at a bank
obtaining a $250 loan.
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00:07:05,217 --> 00:07:07,806
Between 2:00 and 3:00 p.m.,
168
00:07:07,910 --> 00:07:10,395
he retrieved a fishing pole
from a pawn shop.
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♪
170
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Who was the last person
that had seen Deanie?
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Probably his killer
was the last person he saw.
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I thought it was
his drug dealer, one of them.
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He had many.
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I definitely thought it had
something to do with drugs.
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- Was the drug scene big here?
- Yes.
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00:07:29,966 --> 00:07:32,382
Over in Shelbyville,
it's terrible.
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00:07:32,486 --> 00:07:34,315
- Really?
- Awful.
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What are the drugs
of choice?
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Deanie used crack cocaine.
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That's what got him.
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Deanie was a great guy.
He really was.
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Right before your very eyes,
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he went from the funny,
sweet, smiling Deanie,
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and you could see
his face change.
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He looked like
a completely different person.
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00:07:55,164 --> 00:07:56,545
Yeah.
187
00:07:56,648 --> 00:08:00,134
I tried my best to make
Deanie quit that stuff.
188
00:08:00,238 --> 00:08:05,174
I gave him the choice,
"Me or the drugs."
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I thought I was so pretty
190
00:08:06,589 --> 00:08:09,627
and so sweet and so nice
that he would choose me.
191
00:08:11,801 --> 00:08:13,872
- Yeah.
- And he didn't.
192
00:08:13,976 --> 00:08:16,150
He would often go
into different towns
193
00:08:16,254 --> 00:08:17,358
and purchase drugs.
194
00:08:17,462 --> 00:08:19,222
He would often borrow money
to do so.
195
00:08:19,326 --> 00:08:20,914
He would ask for money
because he had people
196
00:08:21,017 --> 00:08:22,605
hounding him to pay 'em back.
197
00:08:22,709 --> 00:08:24,400
Nobody really knew
these people's names.
198
00:08:24,504 --> 00:08:26,575
That he would ever come
to a bad end,
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00:08:26,678 --> 00:08:28,162
did that ever cross your mind?
200
00:08:28,266 --> 00:08:29,578
Yes, it did.
201
00:08:29,681 --> 00:08:32,408
Deanie lived a dangerous life
when he was using.
202
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[dramatic music]
203
00:08:34,272 --> 00:08:35,204
I knew he was dealing with
204
00:08:35,307 --> 00:08:38,207
some people
that were bad news, probably.
205
00:08:38,310 --> 00:08:40,174
Something that the police
were able to determine
206
00:08:40,278 --> 00:08:41,521
is that Kyle seemed
207
00:08:41,624 --> 00:08:42,798
a little bit scared
leading up to his death.
208
00:08:42,901 --> 00:08:44,454
He would ask people
to pray for him.
209
00:08:44,558 --> 00:08:47,975
I was afraid for his life
the whole time I was with him
210
00:08:48,079 --> 00:08:50,426
'cause those people
don't fool around.
211
00:08:50,530 --> 00:08:53,394
And everybody was afraid that
something was gonna happen.
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00:08:53,498 --> 00:08:55,017
♪
213
00:08:57,122 --> 00:08:59,884
[soft twangy music]
214
00:08:59,987 --> 00:09:00,919
♪
215
00:09:01,023 --> 00:09:03,163
This main street
is beautiful.
216
00:09:03,266 --> 00:09:05,752
♪
217
00:09:05,855 --> 00:09:08,824
Here, "Straight from
Kentucky, a hometown show."
218
00:09:08,927 --> 00:09:09,997
Oh, look, a meet and greet
219
00:09:10,101 --> 00:09:11,689
with the Shelbyville
Police Department.
220
00:09:11,792 --> 00:09:14,139
They have food,
family-friendly activities.
221
00:09:14,243 --> 00:09:15,796
It's D.A.R.E.
222
00:09:15,900 --> 00:09:18,834
Alive and well in Shelbyville.
223
00:09:18,937 --> 00:09:20,560
Small towns have been dealing
224
00:09:20,663 --> 00:09:22,044
with the drug epidemic
for decades,
225
00:09:22,147 --> 00:09:25,012
especially in the '90s
when Deanie Breeden died.
226
00:09:25,116 --> 00:09:27,463
And so people
in this community wondered,
227
00:09:27,567 --> 00:09:29,603
"Was he murdered
by a local drug dealer,
228
00:09:29,707 --> 00:09:32,054
or was it somebody
else entirely?"
229
00:09:32,157 --> 00:09:33,262
♪
230
00:09:33,365 --> 00:09:34,435
How do you go to church,
231
00:09:34,539 --> 00:09:35,609
how do you go
to the supermarket,
232
00:09:35,713 --> 00:09:37,197
not knowing who
your friend's killer is?
233
00:09:37,300 --> 00:09:39,924
♪
234
00:09:40,027 --> 00:09:42,961
He was purchasing crack
on a daily basis.
235
00:09:43,065 --> 00:09:46,206
Any drug dealer
in that rural community
236
00:09:46,309 --> 00:09:48,933
was immediately suspected
as being part of his death,
237
00:09:49,036 --> 00:09:53,144
being some type of
a drug transaction gone bad.
238
00:09:53,247 --> 00:09:56,423
That sent a whole list
of suspects.
239
00:09:56,526 --> 00:09:58,977
We knew that he had
an inner circle--
240
00:09:59,081 --> 00:10:03,499
individuals that he was close
to, his family, friends.
241
00:10:03,603 --> 00:10:05,984
That was a list of suspects.
242
00:10:06,088 --> 00:10:09,747
The original investigators
on the case beat the streets.
243
00:10:09,850 --> 00:10:12,888
They interviewed
a ton of individuals,
244
00:10:12,991 --> 00:10:15,718
but the problem is,
they were running in circles.
245
00:10:15,822 --> 00:10:17,202
Because Kyle Breeden
246
00:10:17,306 --> 00:10:20,654
was well-known
in the Shelbyville community,
247
00:10:20,758 --> 00:10:24,175
rumor and innuendo
can affect all facets
248
00:10:24,278 --> 00:10:26,211
of an investigation
such as this.
249
00:10:26,315 --> 00:10:28,179
When individuals
know about each other,
250
00:10:28,282 --> 00:10:29,352
care about each other,
251
00:10:29,456 --> 00:10:32,942
they may not be as forthcoming
with information.
252
00:10:33,046 --> 00:10:35,773
♪
253
00:10:35,876 --> 00:10:39,362
Oh, everybody was suspicious
of everybody.
254
00:10:39,466 --> 00:10:42,296
Deanie's parents wanted to know
what happened to their son.
255
00:10:42,400 --> 00:10:43,573
It was heartbreaking.
256
00:10:43,677 --> 00:10:46,128
[soft music]
257
00:10:46,231 --> 00:10:49,269
Small town rumor mill
and word on the street
258
00:10:49,372 --> 00:10:52,099
really complicated
this investigation.
259
00:10:52,203 --> 00:10:54,550
It seems like, for every
member of Shelbyville,
260
00:10:54,654 --> 00:10:55,827
there was a theory
261
00:10:55,931 --> 00:10:58,761
on who could have
committed this crime.
262
00:10:58,865 --> 00:11:01,626
So I am off to meet
Lauren Nichols,
263
00:11:01,730 --> 00:11:03,421
who is an attorney
in Louisville,
264
00:11:03,524 --> 00:11:07,563
and she had gotten very
heavily involved in this case.
265
00:11:07,667 --> 00:11:09,323
And I think she has
a really good grasp
266
00:11:09,427 --> 00:11:10,704
of who all the players are.
267
00:11:10,808 --> 00:11:14,915
♪
268
00:11:15,019 --> 00:11:18,919
How long after the murder
does it sit there?
269
00:11:19,023 --> 00:11:21,025
For seven years,
it goes unsolved.
270
00:11:21,128 --> 00:11:25,063
What happens that kind of
changes everything?
271
00:11:25,167 --> 00:11:28,273
In May of 2006,
the Kentucky State Police
272
00:11:28,377 --> 00:11:30,620
assigned the case
to Detective Harwood,
273
00:11:30,724 --> 00:11:33,037
and he ran with it.
274
00:11:33,140 --> 00:11:35,315
I did not get involved
in the Breeden investigation
275
00:11:35,418 --> 00:11:39,215
until May of 2006.
276
00:11:39,319 --> 00:11:41,183
My sergeant at the time
asked me
277
00:11:41,286 --> 00:11:44,738
if I would look at several
particular cold cases
278
00:11:44,842 --> 00:11:46,671
and see if I can
make headway with them.
279
00:11:46,775 --> 00:11:49,018
The Breeden investigation
was one of those.
280
00:11:49,122 --> 00:11:50,571
♪
281
00:11:50,675 --> 00:11:53,229
I work sometimes
16- to 18-hour days,
282
00:11:53,333 --> 00:11:55,300
beating the streets
of Shelbyville, Kentucky.
283
00:11:55,404 --> 00:11:57,199
♪
284
00:11:57,302 --> 00:11:59,960
The first place I like
to go to is barbershops,
285
00:12:00,064 --> 00:12:02,791
bars, and preachers.
286
00:12:02,894 --> 00:12:05,172
Anybody that I could talk to.
287
00:12:05,276 --> 00:12:08,417
Many individuals had reported
that drug dealers
288
00:12:08,520 --> 00:12:09,970
were somehow involved
289
00:12:10,074 --> 00:12:11,731
in Deanie Breeden's
disappearance.
290
00:12:11,834 --> 00:12:13,733
But when you talk
to these individuals,
291
00:12:13,836 --> 00:12:15,976
every single one of them
said the same thing.
292
00:12:16,080 --> 00:12:20,153
That anytime he would get in
debt or have financial issues,
293
00:12:20,256 --> 00:12:21,775
his mother would bail him out.
294
00:12:21,879 --> 00:12:24,019
"Why do we want
to take out the person
295
00:12:24,122 --> 00:12:26,746
when we know we're always
gonna get paid?"
296
00:12:26,849 --> 00:12:28,540
♪
297
00:12:28,644 --> 00:12:32,924
So I had to look at the other
individuals in this case.
298
00:12:33,028 --> 00:12:36,825
So Detective Harwood goes
through the suspect list,
299
00:12:36,928 --> 00:12:39,724
and pretty early on,
he narrows in on Susan King.
300
00:12:39,828 --> 00:12:41,657
[tense music]
301
00:12:41,761 --> 00:12:43,107
The on and off again girlfriend.
302
00:12:43,210 --> 00:12:46,041
♪
303
00:12:46,144 --> 00:12:48,560
Susan King
was always a suspect.
304
00:12:48,664 --> 00:12:51,874
The original investigator
actually went to her residence
305
00:12:51,978 --> 00:12:54,187
and was able to obtain
306
00:12:54,290 --> 00:12:57,431
a brief, limited interview
with her--
307
00:12:57,535 --> 00:13:00,055
this is probably in 1999--
308
00:13:00,158 --> 00:13:04,024
and observed bullet holes
on the floor
309
00:13:04,128 --> 00:13:06,786
of Susan King's residence
at the time period.
310
00:13:06,889 --> 00:13:08,373
♪
311
00:13:08,477 --> 00:13:11,031
Investigators approached
the commonwealth attorney
312
00:13:11,135 --> 00:13:12,653
for a search warrant.
313
00:13:12,757 --> 00:13:16,381
He indicated there was not
enough evidence at that time
314
00:13:16,485 --> 00:13:19,868
to move forward
with a search warrant.
315
00:13:19,971 --> 00:13:23,803
Detective Harwood thinks
that it's very suspicious
316
00:13:23,906 --> 00:13:25,390
that the police officer
saw before
317
00:13:25,494 --> 00:13:28,083
that there were two
bullet holes in her floor.
318
00:13:28,186 --> 00:13:30,257
That was in the previous
officer's notes?
319
00:13:30,361 --> 00:13:31,638
Yes.
320
00:13:31,741 --> 00:13:32,846
Working in rural communities,
321
00:13:32,950 --> 00:13:34,365
especially cold cases,
322
00:13:34,468 --> 00:13:37,057
a lot of times,
you know who did it,
323
00:13:37,161 --> 00:13:38,231
you know how they did it,
324
00:13:38,334 --> 00:13:40,405
but proving it
is another story.
325
00:13:40,509 --> 00:13:42,097
Susan and Deanie
326
00:13:42,200 --> 00:13:44,789
had a history
of domestic violence.
327
00:13:44,893 --> 00:13:47,274
They would kind of
beat up on each other.
328
00:13:47,378 --> 00:13:49,483
Was she the aggressor
in those situations?
329
00:13:49,587 --> 00:13:51,658
She says, "No."
She says that she would
330
00:13:51,761 --> 00:13:54,178
do whatever it took
to defend herself,
331
00:13:54,281 --> 00:13:57,802
but that she was not
typically the aggressor.
332
00:13:57,906 --> 00:13:59,183
Well, my relationship
with Deanie
333
00:13:59,286 --> 00:14:02,082
was good one day
and bad the next,
334
00:14:02,186 --> 00:14:04,291
because when he wasn't
on drugs,
335
00:14:04,395 --> 00:14:06,535
he was a great person
to be around.
336
00:14:06,638 --> 00:14:08,709
But then when Deanie
get on the drugs,
337
00:14:08,813 --> 00:14:11,574
then yeah,
he'd come home, and--
338
00:14:11,678 --> 00:14:13,542
and he'd hit me and stuff.
339
00:14:13,645 --> 00:14:15,440
Don't like fighting,
340
00:14:15,544 --> 00:14:18,547
but I don't like
to be mistreated.
341
00:14:18,650 --> 00:14:22,723
When I looked into
Susan King as a suspect,
342
00:14:22,827 --> 00:14:25,278
I found at least
three individuals
343
00:14:25,381 --> 00:14:27,487
that she had put a gun
to their head,
344
00:14:27,590 --> 00:14:29,730
threatening to kill them,
on separate instance.
345
00:14:29,834 --> 00:14:33,044
And one of those identified
a .22 caliber weapon,
346
00:14:33,148 --> 00:14:34,287
the same type
347
00:14:34,390 --> 00:14:35,771
that Kyle "Deanie" Breeden
was killed with.
348
00:14:35,875 --> 00:14:37,324
♪
349
00:14:37,428 --> 00:14:40,224
The case was reopened
on May 22nd,
350
00:14:40,327 --> 00:14:44,262
and by June 12th, he already
has a search warrant.
351
00:14:44,366 --> 00:14:46,471
We pulled back the carpet.
352
00:14:46,575 --> 00:14:49,060
The first thing we see
is four bullet holes.
353
00:14:49,164 --> 00:14:50,959
They lift the floor out.
354
00:14:51,062 --> 00:14:53,409
We immediately find that
there's a .22 caliber round
355
00:14:53,513 --> 00:14:57,172
lodged in one
of the bullet holes
356
00:14:57,275 --> 00:14:58,898
in that piece
that we lifted out.
357
00:15:00,761 --> 00:15:04,904
What I think happened
is Kyle "Deanie" Breeden
358
00:15:05,007 --> 00:15:08,079
gets to Susan King's
residence,
359
00:15:08,183 --> 00:15:11,220
a domestic argument ensues,
and I think
360
00:15:11,324 --> 00:15:16,708
Susan King finally made good
on those threats
361
00:15:16,812 --> 00:15:20,781
and shot Kyle "Deanie" Breeden
right there in her residence.
362
00:15:20,885 --> 00:15:22,922
♪
363
00:15:24,924 --> 00:15:26,442
[soft twangy music]
364
00:15:26,546 --> 00:15:28,134
Detective Harwood,
365
00:15:28,237 --> 00:15:29,687
after his investigation concluded,
366
00:15:29,790 --> 00:15:31,240
he put together a list
367
00:15:31,344 --> 00:15:32,759
of why he thought Susan King
was the murderer.
368
00:15:32,862 --> 00:15:34,588
♪
369
00:15:34,692 --> 00:15:35,589
- So--
- Oh, yeah.
370
00:15:35,693 --> 00:15:36,901
Here's his indictment request.
371
00:15:37,005 --> 00:15:38,627
Oh, this is it?
372
00:15:38,730 --> 00:15:41,078
He calls it "the big break,"
373
00:15:41,181 --> 00:15:43,390
where they observed
bullet holes in her floor.
374
00:15:43,494 --> 00:15:48,292
In one of the holes,
there was male human DNA.
375
00:15:48,395 --> 00:15:49,983
♪
376
00:15:50,087 --> 00:15:54,022
And then Susan
was an avid guitar player.
377
00:15:54,125 --> 00:15:55,747
By the time
that Detective Harwood
378
00:15:55,851 --> 00:15:57,957
is doing this investigation,
she owned an electric guitar.
379
00:15:58,060 --> 00:15:59,544
♪
380
00:15:59,648 --> 00:16:02,202
The victim was found
with a guitar amplifier cord
381
00:16:02,306 --> 00:16:04,273
wrapped around his legs.
382
00:16:04,377 --> 00:16:06,586
In a subsequent search
warrant, we found,
383
00:16:06,689 --> 00:16:11,177
inside her residence,
guitar amplifier cords.
384
00:16:11,280 --> 00:16:15,250
Did they ever find any DNA
on the amplifier cords
385
00:16:15,353 --> 00:16:16,734
that would have tied her to it?
386
00:16:16,837 --> 00:16:19,530
No. You can have a lot
of circumstantial evidences.
387
00:16:19,633 --> 00:16:21,290
You don't have to have
a smoking gun.
388
00:16:21,394 --> 00:16:22,982
Okay.
389
00:16:23,085 --> 00:16:24,500
And so the fact
that she was a fisherman
390
00:16:24,604 --> 00:16:27,641
and had experience fishing in
and around the Kentucky River,
391
00:16:27,745 --> 00:16:29,298
in the Gratz area--
392
00:16:29,402 --> 00:16:31,024
he was found at a place
393
00:16:31,128 --> 00:16:32,681
that she had previously
fished before--
394
00:16:32,784 --> 00:16:34,717
was significant to him.
395
00:16:34,821 --> 00:16:37,824
♪
396
00:16:37,927 --> 00:16:39,999
It was April of 2007.
397
00:16:40,102 --> 00:16:42,380
This case was finally presented
398
00:16:42,484 --> 00:16:44,693
before the Spencer County
Grand Jury.
399
00:16:47,661 --> 00:16:49,422
I'm Thomas Clay,
I'm an attorney,
400
00:16:49,525 --> 00:16:51,458
and I do criminal defense work
401
00:16:51,562 --> 00:16:53,702
as well as plaintiff's
civil work.
402
00:16:53,805 --> 00:16:55,324
♪
403
00:16:55,428 --> 00:16:58,569
Nine years after the homicide,
the grand jury returns
404
00:16:58,672 --> 00:17:01,710
an indictment for murder.
405
00:17:01,813 --> 00:17:03,056
Well, the problem with that
406
00:17:03,160 --> 00:17:05,369
is that there was
exculpatory evidence,
407
00:17:05,472 --> 00:17:07,647
which tends to prove
that Susan King was innocent,
408
00:17:07,750 --> 00:17:09,580
which was withheld,
409
00:17:09,683 --> 00:17:11,927
such as Susan King
was involved
410
00:17:12,031 --> 00:17:13,308
in an automobile accident
411
00:17:13,411 --> 00:17:15,620
that resulted
in the loss of her leg.
412
00:17:15,724 --> 00:17:17,484
♪
413
00:17:17,588 --> 00:17:19,728
And not just
a little bit of it.
414
00:17:19,831 --> 00:17:21,316
Her wound required them
415
00:17:21,419 --> 00:17:24,043
to amputate her leg
up into her hip.
416
00:17:24,146 --> 00:17:25,941
♪
417
00:17:26,045 --> 00:17:28,495
Susan was confined
to crutches.
418
00:17:28,599 --> 00:17:30,463
None of that was presented
to the grand jury.
419
00:17:30,566 --> 00:17:33,535
That wasn't part
of their consideration
420
00:17:33,638 --> 00:17:34,432
in indicting her.
421
00:17:34,536 --> 00:17:36,227
The allegations against her
422
00:17:36,331 --> 00:17:39,541
were that this 98-pound woman
who is disabled
423
00:17:39,644 --> 00:17:42,371
somehow or another
murdered a 200-pound man,
424
00:17:42,475 --> 00:17:43,752
and then take his body,
425
00:17:43,855 --> 00:17:46,168
drag him down
several flights of steps,
426
00:17:46,272 --> 00:17:47,376
bind his body,
427
00:17:47,480 --> 00:17:49,792
put his body
into the trunk of a car,
428
00:17:49,896 --> 00:17:51,173
and then throw him
over a bridge.
429
00:17:51,277 --> 00:17:53,210
It's very apparent
that this woman
430
00:17:53,313 --> 00:17:55,246
could not physically
have committed this murder
431
00:17:55,350 --> 00:17:59,388
that she's in jail
for having committed.
432
00:17:59,492 --> 00:18:01,218
They get to the point
where the case
433
00:18:01,321 --> 00:18:02,702
is either gonna
have to go to trial,
434
00:18:02,805 --> 00:18:05,429
or there's gonna be
a negotiated resolution.
435
00:18:05,532 --> 00:18:08,121
♪
436
00:18:08,225 --> 00:18:10,261
I didn't have money
for an attorney.
437
00:18:10,365 --> 00:18:11,987
You know, my family,
they're comfortable,
438
00:18:12,091 --> 00:18:14,265
but just your average person
doesn't have
439
00:18:14,369 --> 00:18:16,681
millions of dollars
to give to a lawyer.
440
00:18:16,785 --> 00:18:18,476
So I thought,
"Well, I didn't do it.
441
00:18:18,580 --> 00:18:20,961
So it ought to be
pretty easy to prove."
442
00:18:21,065 --> 00:18:23,654
So they appointed me
a public defender.
443
00:18:23,757 --> 00:18:25,794
♪
444
00:18:25,897 --> 00:18:27,106
My lawyer said they were
445
00:18:27,209 --> 00:18:29,142
gonna try to get
the death sentence.
446
00:18:29,246 --> 00:18:31,420
And then they come back
a little bit later,
447
00:18:31,524 --> 00:18:34,527
and they said
if I would admit to it,
448
00:18:34,630 --> 00:18:37,806
I could get life
instead of death.
449
00:18:37,909 --> 00:18:39,118
♪
450
00:18:39,221 --> 00:18:41,741
I didn't want
to plead guilty that day.
451
00:18:41,844 --> 00:18:43,225
Sitting in jail,
452
00:18:43,329 --> 00:18:46,090
waiting on a trial, she's told,
453
00:18:46,194 --> 00:18:48,610
"Our wheels of justice
are really slow.
454
00:18:48,713 --> 00:18:51,406
It's at least two years
for you to get a trial."
455
00:18:51,509 --> 00:18:53,822
And then,
if a jury convicts you,
456
00:18:53,925 --> 00:18:56,687
you have at least 25 years.
457
00:18:56,790 --> 00:18:58,896
She trusted what people
were telling her.
458
00:18:58,999 --> 00:19:00,311
She's scared,
459
00:19:00,415 --> 00:19:02,969
and she thinks
the best thing for herself
460
00:19:03,072 --> 00:19:04,522
is to take a plea deal.
461
00:19:04,626 --> 00:19:07,939
But Susan is insistent
that she's innocent,
462
00:19:08,043 --> 00:19:11,184
and so she wants to take
what's called an Alford plea.
463
00:19:11,288 --> 00:19:13,393
♪
464
00:19:13,497 --> 00:19:15,361
An Alford plea allows
the defendant
465
00:19:15,464 --> 00:19:17,086
to go in front of a judge
466
00:19:17,190 --> 00:19:19,330
and say, "Judge,
I didn't commit this crime.
467
00:19:19,434 --> 00:19:22,816
"However, I recognize
that the evidence against me,
468
00:19:22,920 --> 00:19:24,404
"the prosecution has,
469
00:19:24,508 --> 00:19:26,337
"is sufficient
to convince a jury
470
00:19:26,441 --> 00:19:28,788
beyond a reasonable doubt
that I'm guilty."
471
00:19:28,891 --> 00:19:30,479
♪
472
00:19:30,583 --> 00:19:33,344
Susan would have been
looking at about 25 years
473
00:19:33,448 --> 00:19:35,588
if she was convicted of murder.
- Uh-huh.
474
00:19:35,691 --> 00:19:37,866
Part of the Alford deal
was it would be down
475
00:19:37,969 --> 00:19:39,833
to a ten-year maximum sentence
476
00:19:39,937 --> 00:19:43,078
but that she would be eligible
for parole after six months.
477
00:19:43,182 --> 00:19:45,425
- Oh, that's a no-brainer.
- Right.
478
00:19:45,529 --> 00:19:48,152
Susan wanted to do
whatever it was gonna take
479
00:19:48,256 --> 00:19:50,258
to get going
with her life again.
480
00:19:50,361 --> 00:19:53,192
[soft music]
481
00:19:53,295 --> 00:20:00,371
♪
482
00:20:00,475 --> 00:20:03,029
At the time she entered
that plea of guilty,
483
00:20:03,132 --> 00:20:04,720
she had served
enough time in jail
484
00:20:04,824 --> 00:20:07,689
already to be eligible
for parole.
485
00:20:07,792 --> 00:20:09,760
The parole board
expected her to acknowledge
486
00:20:09,863 --> 00:20:12,521
she had committed this crime,
and Susan King
487
00:20:12,625 --> 00:20:16,767
never, ever admitted
she had done this crime.
488
00:20:16,870 --> 00:20:19,218
The irony
of the whole situation
489
00:20:19,321 --> 00:20:21,358
is that the parole board said
490
00:20:21,461 --> 00:20:23,083
that she didn't show
enough remorse.
491
00:20:23,187 --> 00:20:24,947
But she said
she didn't do it.
492
00:20:25,051 --> 00:20:26,673
Right.
493
00:20:26,777 --> 00:20:28,399
And so they said,
494
00:20:28,503 --> 00:20:30,677
"You don't seem remorseful
for your crime.
495
00:20:30,781 --> 00:20:32,990
So now you have to serve out,"
which is 10 years.
496
00:20:33,093 --> 00:20:34,923
♪
497
00:20:35,026 --> 00:20:36,304
Susan says, "Wait a minute.
498
00:20:36,407 --> 00:20:38,513
This is not the deal
that I signed up for."
499
00:20:38,616 --> 00:20:41,516
On the surface,
the Alford plea makes sense,
500
00:20:41,619 --> 00:20:43,932
'cause you are maintaining
your innocence,
501
00:20:44,035 --> 00:20:45,830
and it's your way out.
502
00:20:45,934 --> 00:20:49,455
In Susan's case,
they hold that against her.
503
00:20:49,558 --> 00:20:51,077
So what's the right move?
504
00:20:51,180 --> 00:20:52,734
It's impossible
to figure that out.
505
00:20:52,837 --> 00:20:54,149
♪
506
00:20:54,253 --> 00:20:56,358
It's hard to explain
what happens to you in prison,
507
00:20:56,462 --> 00:20:58,049
what happens to your mind.
508
00:20:58,153 --> 00:21:01,329
It was the awfulest place
that you could ever imagine.
509
00:21:01,432 --> 00:21:04,573
The meanest people you've ever
wanted to deal with.
510
00:21:04,677 --> 00:21:06,851
People I didn't even know
could be that mean,
511
00:21:06,955 --> 00:21:09,095
and those were the ones
that worked there.
512
00:21:09,198 --> 00:21:10,717
Girls ganged up on me
513
00:21:10,821 --> 00:21:14,790
and were kicking me
in the ribs and stuff,
514
00:21:14,894 --> 00:21:18,415
and all I could do was ball up
in the corner of that cell
515
00:21:18,518 --> 00:21:20,693
and just ball up
in a ball and cry.
516
00:21:22,867 --> 00:21:25,629
[soft twangy music]
517
00:21:25,732 --> 00:21:28,528
♪
518
00:21:28,632 --> 00:21:32,774
So this is the vantage point
with this bridge dump?
519
00:21:32,877 --> 00:21:34,189
Yeah.
520
00:21:34,293 --> 00:21:35,328
Ten years before,
521
00:21:35,432 --> 00:21:37,606
they demolished
the old bridge.
522
00:21:37,710 --> 00:21:39,470
Did the other bridge
also have
523
00:21:39,574 --> 00:21:41,196
a retaining wall
like this one?
524
00:21:41,300 --> 00:21:42,646
Yeah.
525
00:21:42,749 --> 00:21:44,441
The state's whole theory
of the case
526
00:21:44,544 --> 00:21:47,409
is that Susan
was able to obtain a car,
527
00:21:47,513 --> 00:21:48,790
drive up here,
528
00:21:48,893 --> 00:21:51,827
all on crutches,
park the car on the bridge,
529
00:21:51,931 --> 00:21:56,038
and get a 200-pound body
over this retaining wall.
530
00:21:56,142 --> 00:21:58,317
♪
531
00:21:58,420 --> 00:21:59,801
You think
if the grand jury heard
532
00:21:59,904 --> 00:22:04,288
that she only had one leg
and how much she weighed,
533
00:22:04,392 --> 00:22:06,048
they would have gone for it?
534
00:22:06,152 --> 00:22:08,879
Knowing
her physical condition
535
00:22:08,982 --> 00:22:11,640
at the time of the murder,
I didn't believe it.
536
00:22:11,744 --> 00:22:12,986
Yeah.
537
00:22:13,090 --> 00:22:14,574
I weighed about 100 pounds,
538
00:22:14,678 --> 00:22:16,404
and I didn't have but one leg,
539
00:22:16,507 --> 00:22:20,787
and anybody with a right mind
wouldn't think that I would do
540
00:22:20,891 --> 00:22:23,721
all the things
Harwood said I did.
541
00:22:23,825 --> 00:22:27,484
It's my understanding that
a 98-pound person with one leg
542
00:22:27,587 --> 00:22:30,245
is capable of pulling
a trigger on a firearm
543
00:22:30,349 --> 00:22:32,765
and capable of pulling it
multiple times.
544
00:22:32,868 --> 00:22:35,215
[tense music]
545
00:22:35,319 --> 00:22:37,045
What I think
occurred after that,
546
00:22:37,148 --> 00:22:39,358
Susan employed some help
547
00:22:39,461 --> 00:22:44,259
to move that body
from her residence.
548
00:22:44,363 --> 00:22:47,814
Could she have utilized
the Gratz bridge
549
00:22:47,918 --> 00:22:50,161
to roll the body off
into the water?
550
00:22:50,265 --> 00:22:51,715
Absolutely.
551
00:22:51,818 --> 00:22:56,167
She could have also disposed
of a body utilizing a boat.
552
00:22:56,271 --> 00:22:58,066
Both of those are theories.
553
00:22:58,169 --> 00:23:00,102
We can't prove either-or.
554
00:23:00,206 --> 00:23:02,208
♪
555
00:23:02,311 --> 00:23:04,866
I was in law school in 2010,
556
00:23:04,969 --> 00:23:07,765
and I was doing an internship
with the Innocence Project,
557
00:23:07,869 --> 00:23:10,078
and I was assigned
Susan's case.
558
00:23:10,181 --> 00:23:11,148
How old were you?
559
00:23:11,251 --> 00:23:12,874
♪
560
00:23:12,977 --> 00:23:15,117
22.
561
00:23:15,221 --> 00:23:17,775
She's my first client.
She's my first case.
562
00:23:17,879 --> 00:23:21,503
And our job is to see
if there's an actual potential
563
00:23:21,607 --> 00:23:23,988
that this woman
could be innocent.
564
00:23:24,092 --> 00:23:25,818
If there's anything there,
565
00:23:25,921 --> 00:23:27,613
then the Innocence Project
will run with it.
566
00:23:27,716 --> 00:23:30,512
But if there isn't,
then they've done their duty
567
00:23:30,616 --> 00:23:32,583
in terms of looking
into the case.
568
00:23:32,687 --> 00:23:34,965
What was your first meeting
with her like?
569
00:23:35,690 --> 00:23:37,588
I distinctly remember her
saying to me,
570
00:23:37,692 --> 00:23:41,489
"Honey, I'm not a saint,
but I'm not a murderer.
571
00:23:41,592 --> 00:23:43,076
I didn't do this."
572
00:23:43,180 --> 00:23:44,768
And it was eating her up
573
00:23:44,871 --> 00:23:47,218
that the real killer
was out there somewhere.
574
00:23:47,322 --> 00:23:51,602
I spent hundreds of hours,
over the course of 18 months,
575
00:23:51,706 --> 00:23:53,984
digging through
all of the facts
576
00:23:54,087 --> 00:23:56,365
and all of the evidence.
577
00:23:56,469 --> 00:23:58,575
What did you guys uncover?
578
00:23:58,678 --> 00:24:00,853
One of the most
interesting things
579
00:24:00,956 --> 00:24:02,751
was listening
to the grand jury tape
580
00:24:02,855 --> 00:24:05,409
and realizing
that Detective Harwood
581
00:24:05,513 --> 00:24:07,515
glossed over the fact
582
00:24:07,618 --> 00:24:11,208
that the ballistics
were definitively not a match.
583
00:24:11,311 --> 00:24:14,832
The Kentucky State Police
lab reports indicated,
584
00:24:14,936 --> 00:24:16,006
conclusively,
585
00:24:16,109 --> 00:24:18,560
that the bullet fragments
found in her floor,
586
00:24:18,664 --> 00:24:20,182
with those bullet holes,
587
00:24:20,286 --> 00:24:22,875
did not match the bullets
that were found in his head.
588
00:24:22,978 --> 00:24:26,603
It was a .22 Magnum
versus a .22 long.
589
00:24:26,706 --> 00:24:29,606
Detective Harwood
says they're all .22s.
590
00:24:29,709 --> 00:24:31,746
And then, when asked
about testing, he says,
591
00:24:31,849 --> 00:24:35,094
"Oh, it's inconclusive
because they're degraded."
592
00:24:35,197 --> 00:24:38,442
When you fire a bullet,
there's lands and grooves
593
00:24:38,546 --> 00:24:40,927
on a bullet
that can connect that
594
00:24:41,031 --> 00:24:44,034
to the firearm
that produced the bullet,
595
00:24:44,137 --> 00:24:49,936
but because a .22 caliber,
it's a small and soft shell,
596
00:24:50,040 --> 00:24:53,940
because of defamation,
you can't do that.
597
00:24:54,044 --> 00:24:57,565
Harwood said they couldn't
be compared,
598
00:24:57,668 --> 00:25:00,533
but they were compared,
and they were different.
599
00:25:00,637 --> 00:25:05,055
So that's a substantial mischaracterization.
600
00:25:05,158 --> 00:25:07,471
If the grand jury
had been told the truth there,
601
00:25:07,575 --> 00:25:09,438
that those bullets
did not match,
602
00:25:09,542 --> 00:25:10,785
it's very likely
603
00:25:10,888 --> 00:25:12,476
they wouldn't have
returned an indictment,
604
00:25:12,580 --> 00:25:14,374
and we wouldn't even
be sitting here today.
605
00:25:14,478 --> 00:25:16,100
♪
606
00:25:16,204 --> 00:25:18,689
There was bullet holes in
that house when I bought it,
607
00:25:18,793 --> 00:25:21,761
but I put a couple of them
in there myself.
608
00:25:21,865 --> 00:25:23,176
I was at home one day,
609
00:25:23,280 --> 00:25:26,007
and this motorcycle
comes up my driveway.
610
00:25:26,110 --> 00:25:27,698
This guy's on it,
611
00:25:27,802 --> 00:25:30,080
and he just walked
right in my house,
612
00:25:30,183 --> 00:25:32,565
drunk as he could be.
613
00:25:32,669 --> 00:25:34,809
And I said,
"What are you doing here?"
614
00:25:34,912 --> 00:25:37,121
He said,
"I've come to see you."
615
00:25:37,225 --> 00:25:40,366
And then he got
getting closer to me
616
00:25:40,469 --> 00:25:43,093
and started to touch me
and things,
617
00:25:43,196 --> 00:25:44,577
and I got scared.
618
00:25:44,681 --> 00:25:46,510
So I had a pistol.
619
00:25:46,614 --> 00:25:48,650
But I pulled it out,
and I told him, I said,
620
00:25:48,754 --> 00:25:50,756
"You need to leave now."
621
00:25:50,859 --> 00:25:53,552
He said, "Oh, no, baby."
622
00:25:53,655 --> 00:25:56,140
And so I--I put two holes
in the floor
623
00:25:56,244 --> 00:26:00,179
and one in the ceiling,
and he left.
624
00:26:00,282 --> 00:26:03,527
Detective Harwood makes
a big point of the fact
625
00:26:03,631 --> 00:26:06,841
there was male human DNA,
626
00:26:06,944 --> 00:26:10,016
but he took that portion
of her floor
627
00:26:10,120 --> 00:26:12,916
eight years after Kyle Breeden
was murdered.
628
00:26:13,019 --> 00:26:14,227
It could have been anybody's.
629
00:26:14,331 --> 00:26:16,333
Oh, all right.
630
00:26:16,436 --> 00:26:19,854
So his next point is that
Susan played the guitar.
631
00:26:19,957 --> 00:26:22,235
His body was found
with a guitar amplifier cord
632
00:26:22,339 --> 00:26:23,443
wrapped around his legs.
633
00:26:23,547 --> 00:26:25,031
And she plays
electric guitar?
634
00:26:25,135 --> 00:26:27,275
Susan says that she played
an acoustic guitar
635
00:26:27,378 --> 00:26:30,934
and only got an electric
guitar after his death.
636
00:26:31,037 --> 00:26:32,314
♪
637
00:26:32,418 --> 00:26:35,248
This next point
is that she was a fisherman.
638
00:26:35,352 --> 00:26:37,319
In river community,
639
00:26:37,423 --> 00:26:41,669
is it rare for a woman to fish?
640
00:26:41,772 --> 00:26:43,602
No, I don't think it's rare
for a woman to fish.
641
00:26:43,705 --> 00:26:45,189
Okay.
642
00:26:45,293 --> 00:26:46,466
You know, there's a lot
of people in this world
643
00:26:46,570 --> 00:26:49,504
like to fish
and like to play guitar.
644
00:26:49,608 --> 00:26:51,161
That don't mean
they murdered somebody,
645
00:26:51,264 --> 00:26:52,956
and it doesn't mean
they need to get accused
646
00:26:53,059 --> 00:26:55,993
of something they didn't do.
647
00:26:56,097 --> 00:27:01,412
We determined that there was
not really a shred of evidence
648
00:27:01,516 --> 00:27:03,035
to make us think
649
00:27:03,138 --> 00:27:05,416
that Susan actually
committed this murder.
650
00:27:05,520 --> 00:27:08,868
We couldn't find anybody that
would serve as an accomplice.
651
00:27:08,972 --> 00:27:11,077
So what happens next?
652
00:27:11,181 --> 00:27:14,184
Unfortunately,
from a legal perspective,
653
00:27:14,287 --> 00:27:18,222
to be able to overturn
any sort of conviction...
654
00:27:18,326 --> 00:27:20,777
- Okay.
- We have to have new evidence.
655
00:27:20,880 --> 00:27:23,745
The fact that evidence
didn't exist isn't enough
656
00:27:23,849 --> 00:27:25,195
to get somebody out of jail.
657
00:27:25,298 --> 00:27:28,854
We had the tall task
of sitting down with her
658
00:27:28,957 --> 00:27:31,650
and telling her that,
"We believe you're innocent.
659
00:27:31,753 --> 00:27:34,100
"We believe you didn't commit
this murder,
660
00:27:34,204 --> 00:27:36,033
"but we don't have
any new evidence
661
00:27:36,137 --> 00:27:38,760
that's needed
to exonerate you."
662
00:27:38,864 --> 00:27:40,072
What'd she say?
663
00:27:40,175 --> 00:27:42,626
That was a really hard conversation.
664
00:27:42,730 --> 00:27:45,733
She cried. She cried.
665
00:27:45,836 --> 00:27:48,494
A lot. It was hard.
666
00:27:48,597 --> 00:27:50,565
But she--honestly,
she thanked us.
667
00:27:50,669 --> 00:27:52,567
She said, "You're one of the
only people that believe me.
668
00:27:52,671 --> 00:27:54,603
"You're one of the only people
that knows
669
00:27:54,707 --> 00:27:57,227
"I didn't commit this crime
and that actually believes me,
670
00:27:57,330 --> 00:27:58,538
and that's gonna
have to be enough."
671
00:27:58,642 --> 00:27:59,781
Jeez.
672
00:27:59,885 --> 00:28:02,059
And at that point,
I graduated,
673
00:28:02,163 --> 00:28:04,234
and I began practicing law,
674
00:28:04,337 --> 00:28:06,995
and it was pretty
disheartening, to be honest,
675
00:28:07,099 --> 00:28:08,583
to realize you're going
into a profession
676
00:28:08,687 --> 00:28:13,692
that is supposed to be
promoting justice,
677
00:28:13,795 --> 00:28:17,454
and my first case
is an obvious injustice.
678
00:28:17,557 --> 00:28:20,526
♪
679
00:28:20,629 --> 00:28:22,873
Then, about a year later,
680
00:28:22,977 --> 00:28:25,738
I get a call from the Director
of the Innocence Project,
681
00:28:25,842 --> 00:28:28,361
and I'm told,
"Are you sitting down?
682
00:28:28,465 --> 00:28:32,227
We have new evidence
in Susan's case."
683
00:28:32,331 --> 00:28:34,609
I'd never heard
of Susan King's name
684
00:28:34,713 --> 00:28:38,164
until May 3rd in 2012.
685
00:28:38,268 --> 00:28:39,096
♪
686
00:28:39,200 --> 00:28:40,995
My name is Barron Morgan,
687
00:28:41,098 --> 00:28:43,307
and I was
a narcotics detective
688
00:28:43,411 --> 00:28:45,689
with Louisville
Metro Police Department.
689
00:28:45,793 --> 00:28:47,864
I got a call
there was a shooting
690
00:28:47,967 --> 00:28:50,936
at a location
I was investigating.
691
00:28:51,039 --> 00:28:54,284
The suspect, his name
was Richard Jarrell.
692
00:28:54,387 --> 00:28:57,425
He was in the drug business
for a while.
693
00:28:57,528 --> 00:29:00,704
I just wanted to know
why was he shooting
694
00:29:00,808 --> 00:29:02,464
at this particular house.
695
00:29:02,568 --> 00:29:05,295
Within that conversation,
he stopped and said,
696
00:29:05,398 --> 00:29:06,606
"Look here, Detective.
697
00:29:06,710 --> 00:29:11,819
My brother got arrested
for 22 kilos of cocaine."
698
00:29:11,922 --> 00:29:13,924
He said, "If you could
help my brother out,
699
00:29:14,028 --> 00:29:17,065
I will tell you about
the first murder I committed."
700
00:29:17,169 --> 00:29:19,758
Says this guy's name
was Deanie Breeden.
701
00:29:21,725 --> 00:29:22,691
[tense music]
702
00:29:22,795 --> 00:29:24,383
It's 2012,
703
00:29:24,486 --> 00:29:28,214
Susan is five years into
a sentence for manslaughter
704
00:29:28,318 --> 00:29:30,838
for the death
of Deanie Breeden,
705
00:29:30,941 --> 00:29:33,357
and all of a sudden,
somebody else comes forward
706
00:29:33,461 --> 00:29:35,808
with a totally different story
to tell.
707
00:29:35,912 --> 00:29:37,845
♪
708
00:29:52,307 --> 00:29:54,137
I interviewed
a lot of people in my life,
709
00:29:54,240 --> 00:29:56,760
but when Richard Jarrell
told me this story,
710
00:29:56,864 --> 00:29:58,451
he didn't skip a beat.
711
00:29:58,555 --> 00:29:59,556
I believed him.
712
00:30:08,979 --> 00:30:11,085
Richard told Breeden
that he was gonna take him
713
00:30:11,188 --> 00:30:14,364
to his father's house
to get high,
714
00:30:14,467 --> 00:30:15,986
but on the way there,
715
00:30:16,090 --> 00:30:18,195
they stop
at a check-cashing place,
716
00:30:18,299 --> 00:30:19,679
Breeden got some money out,
717
00:30:19,783 --> 00:30:23,200
and then they drove
to this house.
718
00:30:55,543 --> 00:30:58,787
He drove Breeden
to the Gratz bridge,
719
00:30:58,891 --> 00:31:00,030
took him out of the car,
720
00:31:00,134 --> 00:31:01,825
and the way he was
describing it,
721
00:31:01,929 --> 00:31:04,345
you could tell that
he was reliving the case.
722
00:31:23,019 --> 00:31:26,022
Every little piece
that I couldn't figure out
723
00:31:26,125 --> 00:31:29,232
fit perfectly
in this confession tape.
724
00:31:29,335 --> 00:31:31,613
The day that he was last seen,
725
00:31:31,717 --> 00:31:34,893
Deanie went that morning
and cashed a $250 check,
726
00:31:34,996 --> 00:31:36,825
and that there
was somebody in the car,
727
00:31:36,929 --> 00:31:38,758
but nobody knew who that was.
728
00:31:38,862 --> 00:31:40,622
Well, Richard Jarrell
talks about going
729
00:31:40,726 --> 00:31:42,452
and getting the check cashed
earlier that day.
730
00:31:42,555 --> 00:31:44,040
- Nuh-uh.
- Oh, yes.
731
00:31:44,143 --> 00:31:45,248
He was the unknown person
in the car.
732
00:31:45,351 --> 00:31:47,181
He was the guy in the car!
733
00:31:55,914 --> 00:32:00,366
The most compelling thing
of all, Richard Jarrell says,
734
00:32:00,470 --> 00:32:04,715
"I actually killed him
as a birthday gift to myself."
735
00:32:13,724 --> 00:32:17,487
So when I look it up,
this man's 21st birthday
736
00:32:17,590 --> 00:32:21,077
was the day
that he was last seen.
737
00:32:21,180 --> 00:32:23,182
And that's far too much
of a coincidence
738
00:32:23,286 --> 00:32:26,185
to be able to just make up.
739
00:32:26,289 --> 00:32:28,325
- 14 years later?
- Mm-hmm.
740
00:32:28,429 --> 00:32:29,913
That's nuts.
741
00:32:30,017 --> 00:32:31,673
The scary thing
about it, though,
742
00:32:31,777 --> 00:32:34,366
watching him tell that story.
743
00:32:34,469 --> 00:32:38,301
He went deep,
and he was enjoying it.
744
00:32:38,404 --> 00:32:39,958
And he told me at the end,
745
00:32:40,061 --> 00:32:41,200
after he got done
talking to me,
746
00:32:41,304 --> 00:32:45,480
he was like, "I felt so good."
747
00:32:45,584 --> 00:32:49,070
I knew that we got a bad guy
we need to put away.
748
00:32:49,174 --> 00:32:53,488
We got a innocent person
in prison we need to get out.
749
00:32:53,592 --> 00:32:55,594
Barron Morgan
did four things.
750
00:32:55,697 --> 00:33:00,116
Number one, you keep your
chain of command informed,
751
00:33:00,219 --> 00:33:02,911
you notify
the commonwealth's attorney,
752
00:33:03,015 --> 00:33:05,707
you notify the prosecutor,
753
00:33:05,811 --> 00:33:08,400
and you notify
the Kentucky State Police.
754
00:33:08,503 --> 00:33:11,092
I made a call
to the state police,
755
00:33:11,196 --> 00:33:12,438
and, for some reason,
756
00:33:12,542 --> 00:33:15,200
we couldn't get them
to come out that night.
757
00:33:15,303 --> 00:33:17,616
I spoke with the Commonwealth
Attorney Office
758
00:33:17,719 --> 00:33:18,686
in Jefferson County,
759
00:33:18,789 --> 00:33:21,585
and we agreed to contact
the Innocence Project.
760
00:33:21,689 --> 00:33:24,347
♪
761
00:33:24,450 --> 00:33:28,040
I was sitting in prison
one day, scrubbing the toilet,
762
00:33:28,144 --> 00:33:29,766
and they called my name
over the speaker.
763
00:33:29,869 --> 00:33:32,286
I'm like, "Now what?
764
00:33:32,389 --> 00:33:34,115
Now, what am I in trouble for?"
765
00:33:34,219 --> 00:33:35,496
Of course,
they strip-searched me,
766
00:33:35,599 --> 00:33:37,463
and then they put me
in the visiting room,
767
00:33:37,567 --> 00:33:41,467
and in came three--
looked like angels
768
00:33:41,571 --> 00:33:45,023
and said they were
with the Innocence Project
769
00:33:45,126 --> 00:33:47,163
and that they had
some news for me.
770
00:33:47,266 --> 00:33:49,303
And I said, "Well,
I could use some good news."
771
00:33:49,406 --> 00:33:52,927
And they said,
"Susan, a man has confessed
772
00:33:53,031 --> 00:33:56,068
"to killing Deanie.
773
00:33:56,172 --> 00:33:59,209
He knew things nobody else
would've known."
774
00:33:59,313 --> 00:34:01,108
Boy, my head went down
on that table,
775
00:34:01,211 --> 00:34:03,489
and I cried and cried
and cried and cried.
776
00:34:03,593 --> 00:34:06,285
I said, "Maybe everybody
will believe me now."
777
00:34:06,389 --> 00:34:08,494
We took the confession tape,
and we're able to piece it
778
00:34:08,598 --> 00:34:11,221
together with all of
the evidence that we had.
779
00:34:11,325 --> 00:34:13,396
At that point,
we couldn't work fast enough.
780
00:34:13,499 --> 00:34:14,811
It was working day and night
781
00:34:14,914 --> 00:34:17,365
to put together a motion
to get it before the court
782
00:34:17,469 --> 00:34:19,678
to say, "Here's the new
evidence that we need.
783
00:34:19,781 --> 00:34:22,163
"There's an innocent woman
sitting in our jail system.
784
00:34:22,267 --> 00:34:23,544
How do we get her out?"
785
00:34:23,647 --> 00:34:25,684
♪
786
00:34:25,787 --> 00:34:29,032
I remember getting
a phone call late at night
787
00:34:29,136 --> 00:34:31,276
from a Louisville
investigator saying
788
00:34:31,379 --> 00:34:32,863
that they had an individual
that they arrested
789
00:34:32,967 --> 00:34:36,384
on an attempted murder charge
that was wanting to confess
790
00:34:36,488 --> 00:34:39,905
to the Deanie Breeden investigation.
791
00:34:40,008 --> 00:34:41,286
Jarrell was an enigma.
792
00:34:41,389 --> 00:34:43,426
He was never mentioned
in the case report.
793
00:34:43,529 --> 00:34:46,498
There was just nothing
in any way, shape, or form
794
00:34:46,601 --> 00:34:48,707
to connect him
with Kyle "Deanie" Breeden,
795
00:34:48,810 --> 00:34:50,985
with the exception
of Jarrell's statement.
796
00:34:51,089 --> 00:34:53,160
♪
797
00:34:53,263 --> 00:34:55,955
Detective Harwood,
he comes up to Louisville,
798
00:34:56,059 --> 00:34:58,096
and he interviews
Richard Jarrell.
799
00:34:58,199 --> 00:34:59,856
♪
800
00:34:59,959 --> 00:35:03,135
I asked Jarrell point-blank,
"Are you full of [bleep]?"
801
00:35:03,239 --> 00:35:04,654
I wanted to know.
802
00:35:04,757 --> 00:35:06,552
And he even said it,
"I'm full of [bleep],"
803
00:35:06,656 --> 00:35:09,279
and admitted to me
that he was being deceptive
804
00:35:09,383 --> 00:35:11,350
because he wanted
to help out his brother.
805
00:35:11,454 --> 00:35:13,283
Detective Harwood goes
806
00:35:13,387 --> 00:35:15,975
and does an interview
with Mr. Jarrell,
807
00:35:16,079 --> 00:35:20,670
and at that point, Mr. Jarrell
withdraws his confession.
808
00:35:20,773 --> 00:35:23,983
The problem for us
is that nobody really knows
809
00:35:24,087 --> 00:35:25,537
what was said
in that interview
810
00:35:25,640 --> 00:35:27,746
except for the fact
that immediately after,
811
00:35:27,849 --> 00:35:30,162
Richard Jarrell recants
his entire confession.
812
00:35:30,266 --> 00:35:32,371
♪
813
00:35:32,475 --> 00:35:36,168
Detective Harwood says
he recorded the conversation,
814
00:35:36,272 --> 00:35:39,102
but that tape
was immediately stolen
815
00:35:39,206 --> 00:35:41,553
out of KSP's
locked evidence file.
816
00:35:41,656 --> 00:35:45,384
I had five
digital recorders.
817
00:35:45,488 --> 00:35:48,491
I cannot account
for the recorder itself.
818
00:35:48,594 --> 00:35:51,528
It was lost in the process.
819
00:35:51,632 --> 00:35:54,669
Um, it has still not been
found today,
820
00:35:54,773 --> 00:35:58,052
and it was obviously a huge
mistake in the investigation.
821
00:35:58,156 --> 00:36:00,503
The confession
has been recanted.
822
00:36:00,606 --> 00:36:04,610
What does that do to Susan's
chances of getting out?
823
00:36:04,714 --> 00:36:06,509
It becomes
a credibility issue.
824
00:36:06,612 --> 00:36:09,684
Was he telling the truth then,
when he confessed to the crime,
825
00:36:09,788 --> 00:36:13,861
or is he telling the truth now,
when he says, "I didn't do it"?
826
00:36:13,964 --> 00:36:16,277
So the prosecutor says to us,
827
00:36:16,381 --> 00:36:19,246
"I'm gonna let
the judge decide."
828
00:36:21,179 --> 00:36:24,561
[tense music]
829
00:36:24,665 --> 00:36:28,807
At this point,
we have a long hearing,
830
00:36:28,910 --> 00:36:31,223
and we present all of
the evidence to the judge.
831
00:36:31,327 --> 00:36:34,399
Mr. Jarrell comes,
and he pleads the fifth.
832
00:36:34,502 --> 00:36:35,779
So we play the confession tape.
833
00:36:35,883 --> 00:36:37,574
♪
834
00:36:45,272 --> 00:36:48,344
And then ultimately,
the judge rules,
835
00:36:48,447 --> 00:36:51,105
"There's overwhelming evidence
of innocence,"
836
00:36:51,209 --> 00:36:55,558
but he procedurally thinks
that because she took a plea,
837
00:36:55,661 --> 00:36:58,906
rather than have let it gone on
to a jury trial,
838
00:36:59,009 --> 00:37:01,219
he can't do anything legally.
839
00:37:01,322 --> 00:37:04,014
But her plea
was to maintain her innocence.
840
00:37:04,118 --> 00:37:05,188
Right.
841
00:37:05,292 --> 00:37:06,638
Had this new piece of evidence existed,
842
00:37:06,741 --> 00:37:08,778
would she still have taken
that plea?
843
00:37:08,881 --> 00:37:11,090
'Cause it's a technicality, again.
844
00:37:11,194 --> 00:37:13,714
It is. It's a technicality.
845
00:37:13,817 --> 00:37:16,441
One of the procedural
problems with this was
846
00:37:16,544 --> 00:37:20,341
that the motion they filed
under the rule they used
847
00:37:20,445 --> 00:37:21,998
required there to be a trial.
848
00:37:22,101 --> 00:37:25,104
Well, there was no trial,
so the judge concluded,
849
00:37:25,208 --> 00:37:27,797
"Since there wasn't a trial,
I'm not gonna allow you
850
00:37:27,900 --> 00:37:28,798
to withdraw your plea."
851
00:37:28,901 --> 00:37:33,112
And Susan had to remain
in prison.
852
00:37:33,216 --> 00:37:35,287
When I got back
from court that day,
853
00:37:35,391 --> 00:37:37,496
the officers had already
packed up all my stuff.
854
00:37:37,600 --> 00:37:40,982
They thought I was going home.
855
00:37:41,086 --> 00:37:43,364
I couldn't believe
that I had to stay in there
856
00:37:43,468 --> 00:37:46,988
after that confession,
but I did.
857
00:37:47,092 --> 00:37:54,272
♪
858
00:37:57,654 --> 00:37:59,760
Susan had already
served out her time,
859
00:37:59,863 --> 00:38:02,556
and so at this point,
it's clearing her name.
860
00:38:02,659 --> 00:38:04,661
Eventually, the court
of appeals agreed with us.
861
00:38:04,765 --> 00:38:06,698
This procedurally can't stand.
862
00:38:06,801 --> 00:38:08,734
This shouldn't be
the law of Kentucky.
863
00:38:08,838 --> 00:38:10,840
It was a manifest
miscarriage of justice
864
00:38:10,943 --> 00:38:12,911
to allow this innocent woman
to sit in jail.
865
00:38:13,014 --> 00:38:14,464
♪
866
00:38:14,568 --> 00:38:19,952
And so Susan's Alford plea
is removed from the record,
867
00:38:20,056 --> 00:38:22,438
and she's deemed innocent.
868
00:38:22,541 --> 00:38:24,474
This is not an exoneration.
869
00:38:24,578 --> 00:38:28,444
This is an individual that
has been given a new trial.
870
00:38:28,547 --> 00:38:31,309
However, you have to look
at the case.
871
00:38:31,412 --> 00:38:33,587
And if we take this
before a jury,
872
00:38:33,690 --> 00:38:36,866
one of them is gonna
believe Richard Jerrell
873
00:38:36,969 --> 00:38:38,937
or put enough credence
to find her not guilty.
874
00:38:39,040 --> 00:38:41,767
[solemn music]
875
00:38:41,871 --> 00:38:44,874
♪
876
00:38:44,977 --> 00:38:49,119
Susan King was a victim
of a flawed prosecution,
877
00:38:49,223 --> 00:38:54,642
a prosecution that Todd Harwood
was responsible for.
878
00:38:54,746 --> 00:38:56,713
♪
879
00:38:56,817 --> 00:38:59,198
I think there might've
been an attitude
880
00:38:59,302 --> 00:39:01,408
that the ends
justify the means.
881
00:39:01,511 --> 00:39:02,857
He wanted to solve this case
882
00:39:02,961 --> 00:39:05,066
and put this murder
on somebody,
883
00:39:05,170 --> 00:39:08,829
and the person he selected
as a target was Susan King.
884
00:39:08,932 --> 00:39:10,589
♪
885
00:39:10,693 --> 00:39:12,350
So Susan came to me
886
00:39:12,453 --> 00:39:14,524
to represent her
in a civil action
887
00:39:14,628 --> 00:39:16,630
against the Kentucky State
Police and Harwood.
888
00:39:16,733 --> 00:39:18,148
♪
889
00:39:18,252 --> 00:39:20,185
Who is the civil suit
against?
890
00:39:20,288 --> 00:39:22,256
Todd Harwood himself.
891
00:39:22,360 --> 00:39:25,017
And what was the basis
of your claim?
892
00:39:25,121 --> 00:39:26,743
Malicious prosecution.
893
00:39:26,847 --> 00:39:29,436
That means he put me through
hell that he shouldn't have.
894
00:39:29,539 --> 00:39:32,093
Lost all my animals.
895
00:39:32,197 --> 00:39:34,717
I lost my cosmetology degree.
896
00:39:34,820 --> 00:39:37,513
Now, you lost your house,
897
00:39:37,616 --> 00:39:39,515
you lost your career,
your friends.
898
00:39:39,618 --> 00:39:42,380
And time with my family.
899
00:39:42,483 --> 00:39:46,314
Mentally,
it just tears you to pieces
900
00:39:46,418 --> 00:39:48,351
going through
something like this.
901
00:39:48,455 --> 00:39:49,870
I'll never get over it.
902
00:39:49,973 --> 00:39:52,493
♪
903
00:39:52,597 --> 00:39:55,427
[tense music]
904
00:39:55,531 --> 00:40:01,606
♪
905
00:40:01,709 --> 00:40:05,057
I'm so thankful that I got
enough money in my settlement
906
00:40:05,161 --> 00:40:07,370
to buy a home.
907
00:40:07,474 --> 00:40:09,890
But, see, I had a home,
and it was paid for.
908
00:40:09,993 --> 00:40:13,169
And that's why--one reason
I settled out of court.
909
00:40:13,272 --> 00:40:15,758
I didn't have to have millions
to make me happy,
910
00:40:15,861 --> 00:40:19,417
but I did need enough money
to get me back what I had.
911
00:40:19,520 --> 00:40:21,902
I'm hoping
it'll have some impact
912
00:40:22,005 --> 00:40:26,147
on how they handle wrongful
convictions from now on.
913
00:40:26,251 --> 00:40:29,944
When I heard that Susan King
was vindicated
914
00:40:30,048 --> 00:40:32,499
and she was no longer
a convicted murderer,
915
00:40:32,602 --> 00:40:35,260
it made my day.
916
00:40:35,363 --> 00:40:36,882
But the Police Department,
917
00:40:36,986 --> 00:40:40,058
they didn't want to admit
that they made a mistake.
918
00:40:40,161 --> 00:40:43,475
After I gave them the
audiotape of the confession,
919
00:40:43,579 --> 00:40:46,547
the state police weren't
that happy with me.
920
00:40:46,651 --> 00:40:49,274
Matter of fact,
my chief of police
921
00:40:49,377 --> 00:40:51,759
and a couple more majors,
922
00:40:51,863 --> 00:40:55,004
they were pretty upset
with me.
923
00:40:55,107 --> 00:40:57,869
I guess I crossed
that blue line.
924
00:40:57,972 --> 00:40:59,871
When he disclosed this stuff,
925
00:40:59,974 --> 00:41:03,046
it reflected adversely
upon KSP.
926
00:41:03,150 --> 00:41:06,878
So he was subjected
to retaliation.
927
00:41:06,981 --> 00:41:08,569
He was assigned to basically
928
00:41:08,673 --> 00:41:12,090
an entry-level
patrolman's job.
929
00:41:12,193 --> 00:41:14,989
That was his reward
for bringing forth the truth
930
00:41:15,093 --> 00:41:17,302
on what had happened
to Susan King.
931
00:41:17,405 --> 00:41:18,752
So then, at that point,
932
00:41:18,855 --> 00:41:20,650
we filed
a whistleblower complaint
933
00:41:20,754 --> 00:41:22,445
against the Louisville
Metro Police Department.
934
00:41:22,549 --> 00:41:29,625
♪
935
00:41:37,978 --> 00:41:40,049
There is so much loss
in this story.
936
00:41:40,152 --> 00:41:42,638
There is Susan King,
937
00:41:42,741 --> 00:41:46,124
who lost her whole livelihood,
her house.
938
00:41:46,227 --> 00:41:49,576
And there's Barron Morgan,
whose career was derailed
939
00:41:49,679 --> 00:41:53,303
and whose stellar reputation
was tarnished.
940
00:41:53,407 --> 00:41:57,342
But the thing that gets lost
is that Deanie lost his life.
941
00:41:57,445 --> 00:41:58,654
He's the victim.
942
00:41:58,757 --> 00:42:03,279
And no one has ever been
convicted of his murder.
943
00:42:03,382 --> 00:42:06,765
To hear Jarrell, like,
laugh and casually talk
944
00:42:06,869 --> 00:42:12,460
about throwing a man's body,
a man who he murdered for fun,
945
00:42:12,564 --> 00:42:14,393
according to him,
in this spot,
946
00:42:14,497 --> 00:42:18,121
this, like, beautiful spot,
it just--it's unhinged.
947
00:42:18,225 --> 00:42:20,503
♪
948
00:42:20,607 --> 00:42:22,678
There's no justice.
68559
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