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[crackling]
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[woman] To this day, I still...
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I still feel people
hanging onto my legs and my arms,
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hanging onto my body...
to keep me from running.
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Charging through the halls,
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knowing that my daughter...
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[sighs]
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my daughter was in the house.
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[man] There were all kinds of storiesthat were afloat during that time.
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The rumors about Karen,
and also the rumors about suicide.
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[man 2] The brutality of the caseis unique.
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How could we have a mother kill
her daughter by burning her as she slept?
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As jurors, they couldn't get their head
around that until they saw the proof.
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[woman] I did not start that fire.
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[man] Okay. Either that or you don't want
to believe that right now.
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If I go into a house
wanting to find arson,
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I will find things
that are suggestive of arson.
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[man] There are some things that we do
that our bad mind causes us to do
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that our good mind would never accept.
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But in our bad mind,
just about anything can happen.
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They use very coercive
psychological techniques.
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She kept maintaining the story
that she probably lost her mind,
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and that she didn't recall if she
set the fire or not, but she probably did.
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[man] In our system of justice,
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if you're convinced that there's two
valid explanations for the same event,
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that's reasonable doubt.
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[woman] The truth is that I hadabsolutely nothing to do with the fire.
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I didn't see the gas can,
I didn't touch the gas can.
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I went to school with her,
so I've known her 40 years.
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[Payne] Karen was very trusting.
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Very outgoing, very friendly to everybody.
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She loved her kids.
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She spent a lot of time with them,
played games with them.
34
00:03:03,725 --> 00:03:07,270
My daughter was my whole life.
Both my kids were.
35
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I was especially close to Robin,
and we were inseparable.
36
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I remember we used to play
this little mailbox game.
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We would leave
different little love notes to each other
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00:03:22,494 --> 00:03:24,996
and she'd say, "Mail lady here for you!"
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00:03:25,539 --> 00:03:31,795
And Robin was attached to my hip
until she was, like, 13 years old.
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[Boes] My home is normallyin Zeeland, Michigan.
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I live there with my family.
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I got up that morning and had coffee
with my husband, as we always did,
43
00:03:51,898 --> 00:03:53,900
and just sat and watched the news.
44
00:03:55,193 --> 00:03:56,737
Then I started doing laundry.
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00:03:56,820 --> 00:03:58,655
We were gonna go on vacation.
46
00:04:00,157 --> 00:04:03,618
Robin, my daughter, was upstairs.
47
00:04:04,119 --> 00:04:07,622
I heard her wake up
and start walking around.
48
00:04:10,083 --> 00:04:12,002
And I went out the front door.
49
00:04:12,461 --> 00:04:14,212
So I got in my truck,
50
00:04:14,963 --> 00:04:19,009
then I went to my husband, Wayne,
his body shop,
51
00:04:19,092 --> 00:04:21,470
just about 45 seconds away from the house.
52
00:04:23,138 --> 00:04:27,309
I left from there
and went to my girlfriend's house.
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00:04:28,602 --> 00:04:32,272
She got there right before nine o'clock
'cause she didn't want to be late.
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00:04:33,565 --> 00:04:37,736
[Payne] Then we drove to Grand Rapids,we went to a Payless shoe store
55
00:04:37,819 --> 00:04:42,282
and we looked at the sign
and it said it didn't open until ten.
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00:04:42,365 --> 00:04:43,700
It was 9:30.
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00:04:43,784 --> 00:04:46,161
So then we were gonna leave
and go to the mall.
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00:04:46,244 --> 00:04:47,954
We were pulling out of the driveway
59
00:04:48,038 --> 00:04:52,709
and we got a phone call
saying there was a fire at her house.
60
00:04:54,419 --> 00:04:57,047
- Ottawa 911.
- [woman caller] I'm in Zeeland right now.
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00:04:57,130 --> 00:05:00,258
I'm driving to work and I see a house
smoldering from the top.
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00:05:01,009 --> 00:05:02,594
[operator] What address is it at?
63
00:05:02,677 --> 00:05:05,430
[caller] I can't see an address.I'm on Williams Street.
64
00:05:05,514 --> 00:05:06,640
What color is the house?
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00:05:06,723 --> 00:05:11,561
[caller] It's brick with a...like a burgundy siding on it.
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00:05:11,645 --> 00:05:14,685
- [operator] We'll get somebody out there.
- [caller] All right, thanks. Bye.
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[Boes] We immediately turned around.
68
00:05:19,820 --> 00:05:22,739
I just couldn't believe my ears,
what I was hearing.
69
00:05:23,365 --> 00:05:26,535
My son had told us
that my daughter was in the house.
70
00:05:27,911 --> 00:05:29,913
I felt like I was, you know...
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00:05:30,705 --> 00:05:32,874
I had to get there as quick as I could.
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[dispatcher] Holland Township Station 2,on assist to Zeeland City on a house fire.
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All additional Zeeland City personnel,
report directly to the scene.
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[faint siren wailing]
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00:05:51,184 --> 00:05:53,019
[crackling]
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00:05:59,943 --> 00:06:01,361
[Payne] We pulled up to the scene.
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00:06:01,444 --> 00:06:04,739
She jumped out of the car
and started running towards the house.
78
00:06:04,823 --> 00:06:09,452
Wayne said, "No, Karen, don't go there,"
and pulled her away.
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00:06:16,126 --> 00:06:18,670
[Boes] All I rememberis just the sheer pain
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00:06:18,753 --> 00:06:22,090
of knowing that my daughter
was in the house.
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00:06:25,594 --> 00:06:29,514
They finally gave me a shot of Valium
and sat me on the ground
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00:06:29,598 --> 00:06:32,183
so I wouldn't run towards the house.
83
00:06:34,769 --> 00:06:36,396
It was a short time later
84
00:06:36,479 --> 00:06:39,190
that my daughter came out
on the stretcher.
85
00:06:43,445 --> 00:06:45,947
[moans] That was the endof her little life.
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00:06:51,328 --> 00:06:53,038
[radio static crackles]
87
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[dispatcher] Zeeland Fire is reporting
88
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the fire is knocked down
on Williams Street.
89
00:06:59,044 --> 00:07:01,504
When I arrived, my father's department
was already on scene...
90
00:07:01,588 --> 00:07:03,131
Holland Township, Station 3.
91
00:07:05,842 --> 00:07:07,927
[Libby] I was taskedwith a thermal imaging camera
92
00:07:08,011 --> 00:07:11,431
to go upstairs into the residence
to look for hotspots.
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00:07:14,184 --> 00:07:15,184
[lantern clicks]
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00:07:16,853 --> 00:07:18,813
[Libby] I proceeded upthrough the stairway...
95
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and entered the victim's bedroom.
96
00:07:27,656 --> 00:07:29,240
There was a lot of debris on the floor.
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Then I proceeded to look for hotspots.
98
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When I did that,
I found a five-gallon gas can.
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00:07:46,174 --> 00:07:47,592
[faint sloshing]
100
00:07:52,180 --> 00:07:55,308
I actually turned around
and I asked my father,
101
00:07:55,392 --> 00:07:58,770
I said, "Hey, look at this,"
and he told me to throw it out the window.
102
00:08:01,231 --> 00:08:03,149
Something went up in a flag in my head
103
00:08:03,233 --> 00:08:05,235
and I thought that
that was not the best idea,
104
00:08:05,318 --> 00:08:07,946
so I put it right back at my feet
where I found it.
105
00:08:08,947 --> 00:08:14,119
Then I called for a sheriff to come
into the house and take a look at it.
106
00:08:14,786 --> 00:08:17,330
It's just not normal
to have a gas can in your bedroom.
107
00:08:19,541 --> 00:08:21,376
[firefighter] Williams Street Command
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00:08:21,459 --> 00:08:25,755
requesting investigators
to the scene here.
109
00:08:26,715 --> 00:08:28,133
[dispatcher] 10-4, Command. 9-48.
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[Libby] If you're calling ina fire investigator,
111
00:08:30,593 --> 00:08:34,347
you have some suspicion
that it might be... arson.
112
00:08:52,574 --> 00:08:55,785
Never would think in a million years
that this would happen.
113
00:08:58,580 --> 00:09:01,458
[Essenburg] I'm not sure who came,some police officer came.
114
00:09:01,541 --> 00:09:04,210
And then Karen took a few of us away
115
00:09:04,294 --> 00:09:07,756
and said that it's rumored
that Robin committed suicide.
116
00:09:08,339 --> 00:09:09,591
And she was very distraught.
117
00:09:12,010 --> 00:09:16,181
They questioned me,
like at 10:30 that night of the fire.
118
00:09:16,973 --> 00:09:18,933
First they thought Robin did it.
119
00:09:19,017 --> 00:09:23,897
And Karen thought it was, you know,
accidental that Robin did it.
120
00:09:26,775 --> 00:09:32,030
And then the next day, I hear that
they were looking at her as a suspect.
121
00:09:35,992 --> 00:09:38,620
[man] They found the gas canin the bedroom.
122
00:09:38,703 --> 00:09:41,623
There was evidence
of an arson fire, an accelerant,
123
00:09:41,706 --> 00:09:43,917
that caused the fire
and burned her house down.
124
00:09:44,000 --> 00:09:45,001
So, what happened?
125
00:09:45,085 --> 00:09:47,879
There's a reason to want to know
what happened,
126
00:09:47,962 --> 00:09:49,672
and her daughter's passed away.
127
00:09:49,756 --> 00:09:53,051
You know, "Did Robin do this herself?
Well, what do you know, Karen?"
128
00:09:57,847 --> 00:10:01,976
[Hulsing] Interestingly enough,on July 30, the day that Robin was found,
129
00:10:02,060 --> 00:10:03,228
Karen was interviewed.
130
00:10:03,311 --> 00:10:06,606
And briefly, by way of...
And it was a recorded audio cassette.
131
00:10:08,191 --> 00:10:10,902
[detective] Karen, I want to apologizethat we have to talk to you,
132
00:10:10,985 --> 00:10:12,195
but unfortunately, we do.
133
00:10:12,278 --> 00:10:13,339
- We don't know...
- [Boes] I understand.
134
00:10:13,363 --> 00:10:15,174
[detective] you know, we don't knowwhat happened
135
00:10:15,198 --> 00:10:16,741
and we gotta try to find out.
136
00:10:17,325 --> 00:10:20,453
And Detective Harris from the state police
was talking to her
137
00:10:20,537 --> 00:10:22,217
and mentioned something about the gas can,
138
00:10:22,288 --> 00:10:24,916
and then Karen said, "You didn't
find it in her bedroom, did ya?"
139
00:10:28,128 --> 00:10:32,006
[Harris] It's our understandingthat you had been missing a gas can?
140
00:10:33,716 --> 00:10:37,387
[Boes] Yeah, but I can't imagineshe would have done that.
141
00:10:39,556 --> 00:10:41,850
You didn't find it in her room, did you?
142
00:10:42,600 --> 00:10:44,978
- [Harris] Yes, we did.
- [Boes] Oh, my God.
143
00:10:45,061 --> 00:10:47,313
Oh, don't tell me this!
144
00:10:48,356 --> 00:10:50,024
That was not told to her.
145
00:10:50,108 --> 00:10:53,611
Karen volunteered that, and certainly
that's where the gas can was found.
146
00:10:55,697 --> 00:10:59,701
[Boes] I went down to the police stationto write a statement.
147
00:11:01,661 --> 00:11:04,873
They told me they wanted to find out
what happened to my daughter.
148
00:11:06,040 --> 00:11:07,351
And they said,
"That's what you want, too."
149
00:11:07,375 --> 00:11:09,502
And absolutely, that's all I wanted,
150
00:11:09,586 --> 00:11:12,005
was to find out what happened
to my dear daughter.
151
00:11:12,463 --> 00:11:15,550
And they said,
"We're gonna figure this out together."
152
00:11:16,801 --> 00:11:19,429
[Essenburg] Well, I believethat's when she was interrogated.
153
00:11:19,512 --> 00:11:23,474
I don't even know how many hours it was.
It was unreal. Over ten hours.
154
00:11:23,558 --> 00:11:26,769
She came voluntarily.
Her husband brought her voluntarily.
155
00:11:26,853 --> 00:11:29,248
There's no indication
she was under the influence of alcohol.
156
00:11:29,272 --> 00:11:31,952
There's no indication she was under
the influence of any medication.
157
00:11:32,025 --> 00:11:35,737
And they start questioning her
and she didn't have a lawyer.
158
00:11:43,244 --> 00:11:48,666
[Boes] They gave me a polygraph testfor... a length of time.
159
00:11:49,459 --> 00:11:53,296
Then they pulled me out
and he asked me how I thought I did
160
00:11:53,379 --> 00:11:56,633
and I said, "I have no doubt, you know,
161
00:11:56,716 --> 00:11:59,427
that I passed with flying colors,
you know?"
162
00:12:00,094 --> 00:12:04,223
There was no doubt in my mind whatsoever.
I had nothing to hide.
163
00:12:05,975 --> 00:12:10,021
And it wasn't until the polygraph
was being administered
164
00:12:10,104 --> 00:12:11,981
that suddenly all the red flags came up.
165
00:12:12,857 --> 00:12:16,861
[Boes] He told me that I failed miserablyon the polygraph test.
166
00:12:17,737 --> 00:12:20,031
I just couldn't believe my ears.
167
00:12:22,450 --> 00:12:25,662
And they brought me back
into an interrogation room
168
00:12:25,745 --> 00:12:27,705
and started questioning me.
169
00:12:31,209 --> 00:12:33,062
[Harris] Knowing the things
that we know on the scene,
170
00:12:33,086 --> 00:12:35,964
and the evidence
that was collected, and I...
171
00:12:36,047 --> 00:12:37,882
I know you know more about the fire.
172
00:12:38,424 --> 00:12:42,512
I know you were there.
I just want you to try to think.
173
00:12:45,098 --> 00:12:47,558
The heaviness that you have right now
174
00:12:47,642 --> 00:12:50,228
is only gonna go away
when you're able to talk about this.
175
00:12:52,188 --> 00:12:55,316
Did she do something
to try to get you upset that morning?
176
00:12:58,319 --> 00:13:01,197
This is all gonna be better
once you're able to talk about it.
177
00:13:01,948 --> 00:13:05,076
And that you want to talk about it,
and that you want to tell us about it.
178
00:13:06,577 --> 00:13:08,454
There's just something
in the way right now.
179
00:13:08,538 --> 00:13:11,082
[Boes] Yes, there is,
because I don't have a clue.
180
00:13:11,874 --> 00:13:13,292
[Harris] How did the fire start?
181
00:13:13,376 --> 00:13:16,170
[Boes] I don't remember.
182
00:13:16,713 --> 00:13:18,548
- [Harris] But...
- That I don't know.
183
00:13:20,008 --> 00:13:22,218
[Harris] Okay, I can believe that. Okay?
184
00:13:23,219 --> 00:13:26,264
That you really don't know
exactly how it started.
185
00:13:26,347 --> 00:13:30,977
And it got out of hand
before you were able to stop it.
186
00:13:33,688 --> 00:13:36,232
But we can get help. We can help you.
187
00:13:36,315 --> 00:13:37,942
[Boes] Fine, get me help.
188
00:13:38,026 --> 00:13:41,362
[Harris] But we... but before
that can happen, you have to talk to us.
189
00:13:41,446 --> 00:13:42,631
- [Boes] I don't know...
- You have to tell us.
190
00:13:42,655 --> 00:13:45,700
You remember things right before
and you remember things right after.
191
00:13:46,367 --> 00:13:48,786
I need to know.
I need you to fill in the middle for me.
192
00:13:52,540 --> 00:13:55,043
I know somewhere in your heart,
you know what happened, Karen.
193
00:13:57,295 --> 00:13:58,535
The machine really doesn't lie.
194
00:13:58,588 --> 00:14:00,757
It's just a machine.
It has no reason to lie.
195
00:14:00,923 --> 00:14:04,093
- [Boes] I know that, I know that. I know.
- It just tells certain things.
196
00:14:05,636 --> 00:14:06,846
Now's the time, Karen.
197
00:14:08,556 --> 00:14:11,476
[man] I don't think for one minutewhen she walked into that room
198
00:14:11,559 --> 00:14:15,563
that she thought she was a suspect
in the death of her daughter.
199
00:14:17,648 --> 00:14:21,069
[Zessin] In this area, people havea high regard for police authority.
200
00:14:21,652 --> 00:14:27,492
And she felt like, "I have to do
what these folks tell me I need to do."
201
00:14:30,661 --> 00:14:31,662
Hi, Karen.
202
00:14:32,830 --> 00:14:36,376
They said that you had asked about me
and I got here about half an hour ago.
203
00:14:36,459 --> 00:14:38,100
- Just to...
- [Boes] I apparently did it.
204
00:14:38,961 --> 00:14:39,962
[Olney] Okay.
205
00:14:41,589 --> 00:14:42,757
What makes you say that?
206
00:14:43,716 --> 00:14:44,884
[Boes] The test.
207
00:14:44,967 --> 00:14:46,153
[Olney] You mind
if I just swing the door shut
208
00:14:46,177 --> 00:14:47,762
and we just talk for a little bit?
209
00:14:48,096 --> 00:14:50,681
- [Boes sighs] I guess that's fine.
- Okay.
210
00:14:52,058 --> 00:14:55,436
[Boes] Chief Olney was...he was our neighbor.
211
00:14:56,020 --> 00:15:00,024
Our kids went to school together.
I babysat his children.
212
00:15:00,817 --> 00:15:02,568
We went to church together.
213
00:15:03,194 --> 00:15:06,030
We weren't,
like super close as close friends,
214
00:15:06,114 --> 00:15:08,533
but very well acquainted,
215
00:15:08,616 --> 00:15:10,868
and knew each other,
I thought, well enough.
216
00:15:11,828 --> 00:15:14,414
I really had a lot of trust in him.
217
00:15:22,547 --> 00:15:24,757
[Olney] Okay, so you can't find
the mirror,
218
00:15:24,841 --> 00:15:26,676
so you're getting angry about it.
219
00:15:27,260 --> 00:15:29,387
You think you shouldn't have to go
through this stuff.
220
00:15:29,470 --> 00:15:33,975
"Here I am, I'm an adult, I've got
a 14-year-old trying to manipulate me.
221
00:15:35,059 --> 00:15:37,770
I've got to take control
of the situation somehow."
222
00:15:41,524 --> 00:15:43,484
[Boes] You know, you guys
are looking for answers
223
00:15:43,568 --> 00:15:46,320
that I don't know how to answer, Bill.
224
00:15:47,113 --> 00:15:49,007
[Olney] Well, we're all looking
for answers, there's no doubt about that.
225
00:15:49,031 --> 00:15:50,408
[Boes] Oh, and I am, too.
226
00:15:51,200 --> 00:15:53,327
But you're the one
who has the answers, Karen.
227
00:15:53,411 --> 00:15:56,122
At least you've got more than we do
because you were there.
228
00:16:01,502 --> 00:16:02,920
[Boes] I don't know.
229
00:16:04,005 --> 00:16:07,341
You look at statements that are made
to her during the course of the interview
230
00:16:07,425 --> 00:16:10,178
and it was things... you know,
"We just want to let you get home,
231
00:16:10,261 --> 00:16:11,947
and the sooner
you answer these questions..."
232
00:16:11,971 --> 00:16:14,140
And, you know, and, and...
233
00:16:14,724 --> 00:16:17,768
the number of times
that she denied any involvement,
234
00:16:17,852 --> 00:16:22,523
any knowledge of anything
that happened to her daughter that day,
235
00:16:22,607 --> 00:16:25,610
yet they would not let that be the answer.
236
00:16:27,278 --> 00:16:31,365
[Olney] I don't think for a moment, Karen,
that this is something you planned out.
237
00:16:32,074 --> 00:16:33,826
[Boes] Oh, I know. It's not, Bill.
238
00:16:33,910 --> 00:16:36,162
- And...
- And I still don't believe I did it.
239
00:16:36,245 --> 00:16:38,414
But everything points to it.
240
00:16:38,498 --> 00:16:41,209
[Olney] Here's the thing,
you must be remembering something,
241
00:16:41,292 --> 00:16:44,921
otherwise, you would not have failed
on those two questions.
242
00:16:45,004 --> 00:16:48,925
[Boes] What do you want me to say?
I can't bring anything up.
243
00:16:49,008 --> 00:16:52,303
[Olney] Okay, well I'm not trying to
put words in your mouth, that's for sure.
244
00:16:52,386 --> 00:16:53,971
It's in your mind,
245
00:16:54,055 --> 00:16:57,808
because that's why the polygraph
is telling us
246
00:16:58,434 --> 00:17:00,269
that you failed those two questions.
247
00:17:00,353 --> 00:17:02,939
And it's not like you failed them
a little bit.
248
00:17:03,564 --> 00:17:05,858
He tells me you failed them
just about as...
249
00:17:05,942 --> 00:17:08,319
- [Boes] Bad as I could.
- [Olney] ...high as you can. Yeah.
250
00:17:08,402 --> 00:17:11,781
[Payne] They told her that she flunkedher lie detector test,
251
00:17:11,864 --> 00:17:17,119
and after a while you just...
well, you know, start doubting yourself.
252
00:17:19,580 --> 00:17:21,301
[Olney] But you've got to have some
detail.
253
00:17:21,332 --> 00:17:23,268
That's what you've gotta figure out,
is the detail.
254
00:17:23,292 --> 00:17:28,381
[Boes] I don't know any detail
because I don't believe I did it yet.
255
00:17:28,464 --> 00:17:33,344
Okay? I don't have it
in my mind at all that I did that.
256
00:17:33,427 --> 00:17:37,682
And I've seen the test,
and I know how foolproof they are.
257
00:17:37,765 --> 00:17:43,312
That she was trying to tell them
everything she possibly knew,
258
00:17:43,396 --> 00:17:47,275
and every stupid detail
that she could come up with.
259
00:17:47,358 --> 00:17:50,611
[Fernandez] So you guys got in a fight
and she saw a gas can.
260
00:17:50,695 --> 00:17:52,297
And she told you,
"What are you gonna do with this?"
261
00:17:52,321 --> 00:17:54,550
- And you guys got into...
- [Boes] No! That isn't how it goes.
262
00:17:54,574 --> 00:17:56,969
- Now don't put words in my mouth.
- [Fernandez] No, I'm just saying, sorry.
263
00:17:56,993 --> 00:17:59,161
- [Boes] No, that isn't how it went.
- Okay.
264
00:17:59,245 --> 00:18:00,913
[Boes] We had been missing the gas can.
265
00:18:01,455 --> 00:18:05,960
It was just almost like a conspiracy.
From the very first, it was Karen.
266
00:18:07,920 --> 00:18:10,256
[Geminder] The gas can had been missingfor two weeks.
267
00:18:10,339 --> 00:18:11,966
And they didn't know where it was.
268
00:18:12,633 --> 00:18:15,803
[Boes] We thought the boys took it.
They started the fire in the back yard.
269
00:18:15,886 --> 00:18:18,222
We thought some boys
started the fire in the back yard.
270
00:18:20,057 --> 00:18:24,979
[Boes] A couple weeks before the firethat took my daughter's life, we found...
271
00:18:25,563 --> 00:18:28,232
it was sort of like a campfire
in our back yard.
272
00:18:29,275 --> 00:18:32,778
We just noticed that there was firewood,
you know, piled up back there.
273
00:18:32,862 --> 00:18:34,405
There was like three little logs.
274
00:18:34,905 --> 00:18:36,657
They were partially burnt.
275
00:18:38,951 --> 00:18:43,080
Then after that point, we just looked
all over the place for the gas can.
276
00:18:43,164 --> 00:18:44,832
Could not find it anywhere.
277
00:18:45,750 --> 00:18:47,835
[Fernandez] So you see the gas can there
278
00:18:47,918 --> 00:18:50,338
and you get pissed
because she was hiding it all along.
279
00:18:50,796 --> 00:18:53,591
- You confront her with that, right?
- [Boes] I did not, no!
280
00:18:53,674 --> 00:18:55,301
No? So, what happened?
281
00:18:55,384 --> 00:18:59,013
I thought it was very, very poor timing
on their part
282
00:18:59,096 --> 00:19:02,183
to put a person
who was very emotionally fragile
283
00:19:02,266 --> 00:19:06,604
in a situation of having to discuss issues
related to the death of her daughter.
284
00:19:07,271 --> 00:19:10,483
[Boes] At the end of the day,it was quite late.
285
00:19:11,150 --> 00:19:14,111
I felt so hopeless. I felt alone.
286
00:19:14,779 --> 00:19:19,158
I was just an emotional mess.
287
00:19:19,617 --> 00:19:22,703
[Zessin] I know for a fact,because she told me,
288
00:19:22,787 --> 00:19:27,458
"I never in my wildest dreams thought
that I was answering questions
289
00:19:27,541 --> 00:19:29,210
that would incriminate me."
290
00:19:32,254 --> 00:19:35,925
[Boes] They put different scenariosout there for me
291
00:19:36,008 --> 00:19:40,429
and had me repeat them back to them
like I'm in this dream state.
292
00:19:41,180 --> 00:19:44,558
[Olney] I think maybe the thing
we gotta think about is...
293
00:19:47,103 --> 00:19:50,314
if you did dream about doing this,
how would it happen?
294
00:19:51,232 --> 00:19:53,401
Not saying that it did,
but if you did dream...
295
00:19:54,276 --> 00:19:56,570
[Boes] I can't remember
a specific dream, Bill.
296
00:19:59,156 --> 00:20:01,409
And they said, finally,
"If you're not sure,
297
00:20:01,492 --> 00:20:04,537
then maybe in your dreams, could it,
you know, could it have happened?"
298
00:20:07,123 --> 00:20:09,363
[Olney] Just concentrate on the dream
for a little while.
299
00:20:11,585 --> 00:20:13,629
How did it work its way through?
300
00:20:16,757 --> 00:20:20,094
[Boes] I don't remember
if I saw the gas can
301
00:20:20,177 --> 00:20:24,223
or if I saw it in my dreams afterwards.
302
00:20:24,306 --> 00:20:25,725
After I was told.
303
00:20:25,808 --> 00:20:26,892
- [Olney] Okay.
- Okay.
304
00:20:30,604 --> 00:20:32,022
[Boes] Apparently...
305
00:20:34,024 --> 00:20:37,278
[sighs] I went upstairs,
needed the phone...
306
00:20:38,654 --> 00:20:39,905
saw the gas can,
307
00:20:41,574 --> 00:20:43,159
sloshed it around a little bit.
308
00:20:44,201 --> 00:20:47,163
Apparently must have spread gas around,
309
00:20:49,290 --> 00:20:51,125
and lit a candle in her room.
310
00:20:56,422 --> 00:20:57,840
[Olney] Okay.
311
00:20:59,675 --> 00:21:03,095
[Boes] I guess that I just went insane
and lost it.
312
00:21:06,098 --> 00:21:09,310
[Payne] She was, you know, so upset,
313
00:21:09,393 --> 00:21:13,939
that they ended up bringing her
to Holland Hospital Psych Ward.
314
00:21:15,441 --> 00:21:17,651
[Boes] I didn't feel like living anymore.
315
00:21:19,278 --> 00:21:22,740
I knew that if I went home,
I was going to commit suicide.
316
00:21:27,870 --> 00:21:30,623
People don't ever want to believe
317
00:21:30,706 --> 00:21:34,210
that someone would confess
to something they didn't do.
318
00:21:38,506 --> 00:21:40,841
[Satawa] Well, the real problem with that
319
00:21:40,925 --> 00:21:44,345
is people confess to things
they didn't do all the time.
320
00:21:45,262 --> 00:21:50,142
Imagine the feeling you have
driving down the freeway
321
00:21:50,226 --> 00:21:52,537
and you look behind you
and there's a police car behind you
322
00:21:52,561 --> 00:21:54,438
with its lights on, pulling you over.
323
00:21:54,522 --> 00:21:56,357
We all panic.
324
00:21:56,440 --> 00:21:57,858
I mean, we have that anxiety
325
00:21:57,942 --> 00:22:00,528
and that stress
of an encounter with the police,
326
00:22:00,611 --> 00:22:02,279
and you're accused of speeding.
327
00:22:02,363 --> 00:22:04,740
Now imagine a police officer telling you,
328
00:22:04,824 --> 00:22:08,244
"We think you set
your daughter's bedroom on fire,
329
00:22:08,702 --> 00:22:11,205
burned your house down,
and killed your daughter on purpose."
330
00:22:12,289 --> 00:22:17,545
Police officers prey
on that natural stress and anxiety.
331
00:22:18,462 --> 00:22:20,524
[Harris] Knowing the things
that we know on the scene,
332
00:22:20,548 --> 00:22:22,633
and the evidence that was collected and...
333
00:22:22,716 --> 00:22:25,219
I know you know more about the fire.
334
00:22:25,761 --> 00:22:29,723
I know you were there.
I just want you to try to think.
335
00:22:30,182 --> 00:22:35,896
Police officers target those weaknesses
in a suspect to go after them.
336
00:22:36,480 --> 00:22:40,067
[Harris] I know that this is all gonna be
better once you're able to talk about it.
337
00:22:41,068 --> 00:22:44,154
And that you want to talk about it,
and that you want to tell us about it.
338
00:22:46,865 --> 00:22:48,927
[Satawa] I think it was three or fourdifferent people
339
00:22:48,951 --> 00:22:52,162
ended up asking her questions
and it was on a rotating basis.
340
00:22:52,246 --> 00:22:55,708
All kinds of things were told to Karen
that just simply were not true.
341
00:22:55,791 --> 00:23:00,087
They told her they found evidence of gas
on her shoes, on her clothes,
342
00:23:00,170 --> 00:23:01,755
fingerprints on the gas can.
343
00:23:02,423 --> 00:23:04,133
[Fernandez] You got... the gas can.
344
00:23:04,216 --> 00:23:05,652
- They got your fingerprints.
- [Boes] Right.
345
00:23:05,676 --> 00:23:08,113
[Fernandez] You got the fire that started
probably when you were there
346
00:23:08,137 --> 00:23:11,849
'cause people... witness puts you there
around 8:55, 8:50.
347
00:23:11,932 --> 00:23:13,225
You know, around there.
348
00:23:13,309 --> 00:23:14,786
And then they got more.
They got a search warrant.
349
00:23:14,810 --> 00:23:17,896
I'm telling you
so you don't think I'm BS-ing you.
350
00:23:17,980 --> 00:23:20,983
It's time to tell the truth.
Now it's important to tell the truth.
351
00:23:21,066 --> 00:23:23,944
She's told things
that were simply not true
352
00:23:24,028 --> 00:23:28,282
about things that her husband was saying
or other family was saying.
353
00:23:29,074 --> 00:23:30,343
[Olney] Now here's the other thing,
you know.
354
00:23:30,367 --> 00:23:32,494
Wayne knows what's happened now.
355
00:23:33,245 --> 00:23:37,541
He knows that you haven't passed this test
by your own admission.
356
00:23:37,625 --> 00:23:38,685
You just showed him, you know?
357
00:23:38,709 --> 00:23:40,669
The charts, look at here.
Look what's happened.
358
00:23:41,712 --> 00:23:42,755
At some point,
359
00:23:44,173 --> 00:23:48,427
Wayne has to start wondering
about what's gonna happen next.
360
00:23:48,510 --> 00:23:50,989
[Satawa] In Karen's case,they were talking to her again about,
361
00:23:51,013 --> 00:23:54,099
"What if you were sleepwalking?"
or "What if this happened in a dream?"
362
00:23:54,183 --> 00:23:55,976
It's bizarre.
363
00:23:56,560 --> 00:23:59,441
[Harris] Karen, I understand that
you're scared to tell me what happened.
364
00:23:59,480 --> 00:24:03,067
[Boes] I don't know what happened.
365
00:24:03,484 --> 00:24:05,527
- [Harris] Why?
- In my conscious mind.
366
00:24:05,611 --> 00:24:07,251
[Harris] How about your unconscious mind?
367
00:24:07,863 --> 00:24:09,448
[Boes] How am I supposed to know that?
368
00:24:10,115 --> 00:24:15,079
And ultimately, after working on them
and breaking them down psychologically,
369
00:24:15,162 --> 00:24:17,164
you get the suspect to a point
370
00:24:17,247 --> 00:24:20,459
where they understand
they're not getting out of this.
371
00:24:20,542 --> 00:24:23,253
They can admit
to killing someone on purpose,
372
00:24:23,837 --> 00:24:25,297
or maybe it was an accident.
373
00:24:25,381 --> 00:24:27,067
[Fernandez] And like I said,
there's two choices here,
374
00:24:27,091 --> 00:24:29,510
and I'm leaving right now.
Either you did this on purpose,
375
00:24:29,593 --> 00:24:31,637
you planned it, you're cold-blooded,
376
00:24:31,720 --> 00:24:34,056
or you did it by mistake,
and I think it's the second one.
377
00:24:34,139 --> 00:24:35,974
[Boes] Okay. I did it by mistake.
378
00:24:36,058 --> 00:24:38,018
I know I wouldn't have done that
on purpose.
379
00:24:38,102 --> 00:24:40,688
But I do not know how I did it. Okay?
380
00:24:40,771 --> 00:24:44,483
All of these red flags,
where we talk about
381
00:24:44,566 --> 00:24:47,695
these are the dangers
of potential false confessions,
382
00:24:47,778 --> 00:24:51,490
almost all of them are present
in Karen's case.
383
00:25:00,874 --> 00:25:04,753
We are confident in the charge
that we have filed against her today.
384
00:25:05,337 --> 00:25:08,340
[Hulsing] This case was as big as it gets.This was for all the marbles.
385
00:25:08,424 --> 00:25:11,969
This was, "Did Karen do it?
Why did she do it?
386
00:25:12,553 --> 00:25:14,847
What evidence do we have
that she did do it?"
387
00:25:14,930 --> 00:25:18,392
And Robin deserved it
to have all the facts laid out.
388
00:25:18,475 --> 00:25:20,978
It is ultimately for the jury to decide
389
00:25:21,061 --> 00:25:24,606
whether Karen was involved
in the intentional setting of a fire
390
00:25:24,690 --> 00:25:26,410
which resulted
in the death of her daughter.
391
00:25:26,483 --> 00:25:29,445
[Zessin] It's a "connect-the-dot" casefor them, all right?
392
00:25:29,528 --> 00:25:33,157
That every single dot
followed correctly, okay?
393
00:25:33,240 --> 00:25:36,285
That, you know,
this fact caused this event.
394
00:25:37,578 --> 00:25:39,705
But in our system of justice,
395
00:25:39,788 --> 00:25:44,418
if you're convinced that there's two
valid explanations for the same event,
396
00:25:44,501 --> 00:25:45,502
that's reasonable doubt.
397
00:25:57,598 --> 00:26:00,851
I told them I knew about the trial.
I'd watched the news before I went.
398
00:26:03,979 --> 00:26:07,024
Kinda had heard the whole story,
but didn't hear too much.
399
00:26:11,236 --> 00:26:12,988
I was the last one selected,
I do know that.
400
00:26:13,071 --> 00:26:14,698
I do remember that to a T.
401
00:26:15,657 --> 00:26:17,826
I was... I was kind of hoping not to be.
402
00:26:18,577 --> 00:26:20,078
But I was the last one selected.
403
00:26:20,162 --> 00:26:22,873
I didn't really know
the flow of a courtroom that well.
404
00:26:22,956 --> 00:26:25,751
It was my first experience
ever being in a courtroom.
405
00:26:27,169 --> 00:26:31,256
I remember it started
with the prosecuting attorney coming up
406
00:26:31,340 --> 00:26:32,716
'cause the prosecutor goes first.
407
00:26:32,800 --> 00:26:35,969
[Hulsing] This fire was
an intentionally-set fire
408
00:26:36,053 --> 00:26:38,013
fueled by a liquid accelerant, gasoline,
409
00:26:38,096 --> 00:26:40,641
that was started
outside of Robin's bedroom.
410
00:26:41,225 --> 00:26:43,811
And that Robin
could not have started the fire.
411
00:26:43,894 --> 00:26:45,938
[Hulsing] Really, we hada lot of information
412
00:26:46,021 --> 00:26:51,235
and it all had to be presented, because
I knew, the investigative team knew
413
00:26:51,318 --> 00:26:55,155
that unless this case
was presented pretty much airtight,
414
00:26:55,239 --> 00:26:57,491
it was not going to result
in a conviction.
415
00:26:57,574 --> 00:27:00,869
[Hulsing] One week after Robin's death,
she told her husband,
416
00:27:00,953 --> 00:27:04,540
"There are times that I hated her.
She treated me like..."
417
00:27:04,623 --> 00:27:06,834
It was very... I don't know how to say it.
418
00:27:06,917 --> 00:27:09,169
It was a very... surreal thing.
419
00:27:09,253 --> 00:27:12,172
You didn't expect somebody
to hit the nail on the head that hard
420
00:27:12,256 --> 00:27:14,424
to say directly, you know, those words.
421
00:27:15,008 --> 00:27:17,261
[Boes] The prosecution made up the story.
422
00:27:17,344 --> 00:27:22,933
To me, the whole presentation
was just like a horse-and-pony show.
423
00:27:23,517 --> 00:27:27,479
And it was just there
to make things look extreme.
424
00:27:28,480 --> 00:27:30,148
They played up this... the issue
425
00:27:30,232 --> 00:27:34,486
between the daughter and the mom
having some, you know, friction.
426
00:27:37,114 --> 00:27:40,742
[Hulsing] We found out that Karenand Robin had a tumultuous relationship.
427
00:27:40,826 --> 00:27:44,580
That Karen didn't like Robin.
She hated her, and she...
428
00:27:44,663 --> 00:27:47,082
And I'm not just making this up,
those were her words.
429
00:27:51,378 --> 00:27:55,215
[Satawa] One of the peoplewho came forward to testify against her
430
00:27:55,299 --> 00:27:58,385
was a person that Karen met at AA,
431
00:27:58,468 --> 00:28:02,639
and violated the confidentiality
of an AA meeting.
432
00:28:02,723 --> 00:28:04,933
She told me that she hated her daughter.
433
00:28:06,518 --> 00:28:08,037
[Essenburg] Robin was a little sweetie,
434
00:28:08,061 --> 00:28:10,981
but two years before she died,
there were issues.
435
00:28:11,064 --> 00:28:13,901
She was like a 14-year-old going on 18.
436
00:28:15,444 --> 00:28:17,779
[Geminder] Robin was a troubled teen.
437
00:28:17,863 --> 00:28:20,240
She was running around
with the wrong crowd.
438
00:28:20,324 --> 00:28:24,161
You know, I know she was into drugs
and all that.
439
00:28:24,745 --> 00:28:26,747
She'd threatened to run away
several times.
440
00:28:28,290 --> 00:28:31,460
[Essenburg] Karen would sleep,like at the end of the steps from upstairs
441
00:28:31,543 --> 00:28:36,965
to make sure she wouldn't leave the house
in the middle of the night.
442
00:28:37,049 --> 00:28:42,095
As most 14-year-old adolescents,
they want to take charge
443
00:28:42,179 --> 00:28:44,014
and they want to do their thing, so...
444
00:28:44,640 --> 00:28:48,018
naturally,
that was where the conflict was.
445
00:28:50,020 --> 00:28:52,606
[Rigg] I think Wayne and Karenat this particular time,
446
00:28:53,565 --> 00:28:56,777
were wanting to know about their daughter.
447
00:28:56,860 --> 00:28:58,904
"What can we do?"
448
00:28:58,987 --> 00:29:02,407
Robin's relationship was bad
with Wayne and Karen both.
449
00:29:04,159 --> 00:29:07,204
[Geminder] After the fire,the police found Robin's diary.
450
00:29:11,667 --> 00:29:16,088
[Satawa] She contacted CPS,Child Protective Services, about the dad.
451
00:29:16,171 --> 00:29:17,965
Not about Karen, but about the dad.
452
00:29:24,137 --> 00:29:26,431
[Satawa] And then,all of this sort of came to a head
453
00:29:26,515 --> 00:29:29,017
in the weeks leading up to this fire
454
00:29:29,101 --> 00:29:33,522
because the Boeses planned
to go on this family vacation.
455
00:29:33,605 --> 00:29:34,982
She was real mad at 'em
456
00:29:35,065 --> 00:29:40,320
because they made her go
on a camping trip with them.
457
00:29:42,281 --> 00:29:44,116
[Boes] The evening before the fire,
458
00:29:44,199 --> 00:29:48,495
she talked to me
about wanting to come home from vacation
459
00:29:48,578 --> 00:29:50,998
because she had a brand new job,
her first job.
460
00:29:52,958 --> 00:29:57,254
And Wayne blew up
and got in a great big fight with her.
461
00:29:58,005 --> 00:29:59,965
It was pretty heated.
462
00:30:01,133 --> 00:30:05,345
This all got squashed down
by the police, that...
463
00:30:05,429 --> 00:30:07,222
like the fight never really happened.
464
00:30:08,765 --> 00:30:10,600
[Boes] Yes, I saidthat I hated my daughter.
465
00:30:11,351 --> 00:30:12,811
Um...
466
00:30:14,021 --> 00:30:20,277
That was very much out of just trying
to express that frustration at the time.
467
00:30:20,986 --> 00:30:23,113
- I hated...
- [Hulsing] Did you hate your daughter?
468
00:30:23,196 --> 00:30:25,657
No, I never stopped loving my daughter.
469
00:30:31,580 --> 00:30:33,332
[Boes] During the interrogation,
470
00:30:33,415 --> 00:30:37,336
they asked me if I had any secrets
that nobody knows
471
00:30:37,419 --> 00:30:40,297
and if I was gonna take
this polygraph test,
472
00:30:40,380 --> 00:30:43,133
that it was imperative that I just...
473
00:30:43,800 --> 00:30:47,054
You know, tell the whole truth
about everything.
474
00:30:49,097 --> 00:30:53,643
I came out and told them
that I had an affair.
475
00:30:54,227 --> 00:30:57,189
It had ended,
like, three years previous to that.
476
00:30:57,898 --> 00:30:59,399
Nobody knew about it.
477
00:31:01,276 --> 00:31:04,321
The prosecutor
tried to bring it into trial,
478
00:31:04,905 --> 00:31:08,867
and the judge told him
that it had absolutely nothing to do
479
00:31:08,950 --> 00:31:11,745
with what had happened to my daughter.
480
00:31:11,828 --> 00:31:16,083
I found out about the affair
the day she was arrested.
481
00:31:16,166 --> 00:31:17,626
And I was totally shocked.
482
00:31:17,709 --> 00:31:20,670
I think as soon as he found out
about the affair, you know,
483
00:31:20,754 --> 00:31:23,090
he kind of didn't want anything
to do with her anymore.
484
00:31:23,840 --> 00:31:26,259
[Zessin] When they came in originally,they came together.
485
00:31:26,343 --> 00:31:31,515
And Wayne was completely onboard
with his wife's innocence
486
00:31:31,598 --> 00:31:33,016
and lack of involvement in this.
487
00:31:33,809 --> 00:31:35,769
Unconditionally supported her.
488
00:31:36,561 --> 00:31:40,565
And then, I think he began to listen
to the police.
489
00:31:41,733 --> 00:31:43,985
Wayne began to buy into it.
490
00:31:44,069 --> 00:31:45,362
It seemed like she had snapped.
491
00:31:45,946 --> 00:31:47,781
- [Hulsing] That who had snapped?
- My wife.
492
00:31:47,864 --> 00:31:49,157
And why do you say that?
493
00:31:50,242 --> 00:31:54,496
Because it was a whole different demeanor,
it was just like a whole different person.
494
00:32:00,710 --> 00:32:04,005
[Zessin] Does she have flaws?Sure, we all have flaws.
495
00:32:04,089 --> 00:32:06,049
But it doesn't cause us to be murderers.
496
00:32:06,133 --> 00:32:08,677
None of us are perfect in any way.
497
00:32:09,344 --> 00:32:11,823
People that have affairs
doesn't mean they kill their children.
498
00:32:11,847 --> 00:32:15,183
To me, the whole thing
was based on her character.
499
00:32:24,025 --> 00:32:28,321
[Hulsing] What we believe happenedis Karen left the house at 8:55 a.m.
500
00:32:28,405 --> 00:32:32,534
after pouring gasoline in Robin's room
as Robin slept.
501
00:32:32,617 --> 00:32:34,035
Ignited the fire...
502
00:32:37,747 --> 00:32:38,748
Left the house.
503
00:32:39,416 --> 00:32:42,586
The fire was discovered by a neighbor
or passerby about five minutes later,
504
00:32:43,044 --> 00:32:45,338
and then the fire was extinguished
and Robin was found,
505
00:32:45,422 --> 00:32:48,049
and ultimately,
she passed away from smoke inhalation.
506
00:32:49,676 --> 00:32:51,178
We wanted to verify that.
507
00:32:51,261 --> 00:32:57,267
So Marquardt suggested
that we get a PhD expert,
508
00:32:57,350 --> 00:32:59,478
and he suggested John DeHaan,
509
00:32:59,561 --> 00:33:03,231
who has actually written the book
on arson investigation.
510
00:33:09,696 --> 00:33:12,365
A lot of people refer to it
as the "bible of fire investigation."
511
00:33:14,910 --> 00:33:19,122
It's based on what I've actually seen
happen in fires and explosions.
512
00:33:19,789 --> 00:33:21,666
By the hundreds, at this point.
513
00:33:24,044 --> 00:33:26,254
Fortunately in this case,
the scene was still intact,
514
00:33:26,338 --> 00:33:29,382
which five months after the incident,
is pretty rare.
515
00:33:29,466 --> 00:33:31,676
And so, I remember,
you know, looking to see
516
00:33:31,760 --> 00:33:34,846
where there might have been
a pattern of damage.
517
00:33:34,930 --> 00:33:36,014
Actually, under the door,
518
00:33:36,097 --> 00:33:39,351
and then we put the inner face
of the door back up
519
00:33:39,434 --> 00:33:42,062
and you could see
a burn pattern on the door,
520
00:33:42,145 --> 00:33:44,523
going under the door
in its closed position.
521
00:33:45,315 --> 00:33:46,775
Well, the door was closed.
522
00:33:48,652 --> 00:33:49,861
When did it get closed?
523
00:33:49,945 --> 00:33:52,706
Because there was burn patterns
on the door jamb and things like that.
524
00:33:53,657 --> 00:33:56,493
[Hulsing] Because of the fire patternsand the burn patterns,
525
00:33:56,576 --> 00:33:58,411
we were able to conclude
526
00:33:58,495 --> 00:34:01,540
that the fire started
right outside of Robin's bedroom
527
00:34:01,915 --> 00:34:04,709
with the door almost closed
in its entirety.
528
00:34:05,627 --> 00:34:08,255
I think I testified
that there was gasoline poured
529
00:34:08,838 --> 00:34:11,383
from outside the door into the room
530
00:34:12,175 --> 00:34:14,803
and the gas can was left there.
531
00:34:15,387 --> 00:34:17,806
[DeHaan]
The only thing that I could identify
532
00:34:17,889 --> 00:34:24,229
that would create
that kind of intense fire at that location
533
00:34:24,312 --> 00:34:25,605
would be a flammable liquid
534
00:34:25,689 --> 00:34:29,276
that ends up getting burned away
substantially during the fire.
535
00:34:30,235 --> 00:34:32,028
[Boeve] There was burn evidencein the carpet
536
00:34:32,112 --> 00:34:34,531
and in the little piece of wooden trim
537
00:34:34,614 --> 00:34:37,617
that showed where the door was
to Robin's room
538
00:34:37,701 --> 00:34:38,910
while this fire was burning.
539
00:34:39,494 --> 00:34:42,122
That in my mind
was some of the most significant evidence
540
00:34:42,205 --> 00:34:46,418
that showed how this fire was burning
outside of this... Robin's room.
541
00:34:48,753 --> 00:34:52,757
I think that the arson evidence
admitted against Karen
542
00:34:52,841 --> 00:34:55,594
is the junk of all junk science.
543
00:34:55,677 --> 00:34:57,554
[Satawa] She was investigated,
544
00:34:57,637 --> 00:35:00,015
and they took these tests
that can determine
545
00:35:00,098 --> 00:35:04,519
whether or not you had exposure
to gasoline or some other accelerant,
546
00:35:04,603 --> 00:35:06,313
whether you had exposure to a fire.
547
00:35:07,230 --> 00:35:11,026
[Geminder] They took Karen's clothes,they took her shoes...
548
00:35:12,235 --> 00:35:13,570
they took her car
549
00:35:14,613 --> 00:35:17,949
to test it to see if there was
any gasoline in it at all.
550
00:35:19,743 --> 00:35:23,788
All of those were negative
as they related to Karen.
551
00:35:24,372 --> 00:35:27,584
They were positive
as they related to Robin.
552
00:35:33,840 --> 00:35:36,718
[man] We discuss within our circles,
553
00:35:36,801 --> 00:35:38,720
the worst thing that could happen to us
554
00:35:38,803 --> 00:35:41,723
is to have a fire and be the only one
that gets out of the house,
555
00:35:41,806 --> 00:35:43,850
because we know we're gonna go to jail.
556
00:35:49,939 --> 00:35:53,443
[Smith] And in this particular case,Karen Boes was arrested for this.
557
00:35:53,526 --> 00:35:56,196
And unfortunately,
the primary reason for that
558
00:35:56,279 --> 00:35:58,490
may have been nothing more
than she was alive.
559
00:35:59,199 --> 00:36:02,827
And the only person that really knows
what happened was deceased.
560
00:36:03,411 --> 00:36:08,458
A lot of what traditional arson
investigators like DeHaan have done
561
00:36:09,042 --> 00:36:13,338
is they've done investigation
based on assumptions that aren't true.
562
00:36:13,922 --> 00:36:16,716
[Satawa]
DeHaan and the prosecutor speculated
563
00:36:16,800 --> 00:36:22,347
that because of the burn pattern
outside of Robin's bedroom,
564
00:36:22,430 --> 00:36:24,641
particularly on the ceiling and the wall,
565
00:36:24,724 --> 00:36:28,186
that they could determine
that the fire was set intentionally
566
00:36:28,269 --> 00:36:30,021
outside in the hallway.
567
00:36:33,233 --> 00:36:37,237
[Smith] There was no gasoline foundin the hallway,
568
00:36:37,320 --> 00:36:40,532
yet the state indicated they believe
gasoline to have been placed
569
00:36:40,615 --> 00:36:41,866
at that location.
570
00:36:41,950 --> 00:36:46,079
There's no physical evidence
of any gasoline being spread
571
00:36:46,162 --> 00:36:48,498
other than within this room
572
00:36:48,581 --> 00:36:53,169
where a five-gallon gasoline can
was found next to Robin's body.
573
00:36:55,880 --> 00:36:58,466
I believe that Robin
was spreading the gasoline.
574
00:37:01,511 --> 00:37:06,891
Whether it was an intentional act of her
actually striking one of the many matches
575
00:37:06,975 --> 00:37:08,768
that were found in that bedroom,
576
00:37:08,852 --> 00:37:12,647
or whether it ignited
from perhaps a candle flame
577
00:37:12,731 --> 00:37:15,817
before she was able to strike that match.
578
00:37:18,528 --> 00:37:20,947
There was no burns
to the underside of her chin,
579
00:37:21,030 --> 00:37:25,076
so that's very consistent
with a right-handed person leaning over,
580
00:37:25,160 --> 00:37:27,078
lighting or throwing a match...
581
00:37:27,162 --> 00:37:28,329
[scrapes]
582
00:37:29,456 --> 00:37:32,667
and as they're leaned over,
their head is down,
583
00:37:32,751 --> 00:37:35,920
which is protecting this portion,
which is what we saw.
584
00:37:39,257 --> 00:37:43,303
In any event,
the gasoline was being spread by Robin.
585
00:37:44,095 --> 00:37:45,180
Well, as an expert witness,
586
00:37:45,263 --> 00:37:47,766
there always somebody else
that has an opposing opinion.
587
00:37:49,142 --> 00:37:50,935
But I did test that hypothesis,
588
00:37:51,019 --> 00:37:53,396
because that was the primary
competing hypothesis.
589
00:37:53,480 --> 00:37:55,774
Did she start the fire inside the room?
590
00:37:56,441 --> 00:38:01,112
And I couldn't make the pieces fit.
They have the burn patterns in the hall.
591
00:38:02,906 --> 00:38:04,657
The ventilation pattern under the door.
592
00:38:07,160 --> 00:38:08,411
It just didn't fit.
593
00:38:09,245 --> 00:38:10,955
The prosecution did a fantastic job.
594
00:38:11,831 --> 00:38:14,542
Their expert was an incredible expert.
595
00:38:15,126 --> 00:38:20,632
He really had the crime scene laid out
with exactly a timeline
596
00:38:20,715 --> 00:38:23,134
of "the fire started here,
it grew here for a while,
597
00:38:23,218 --> 00:38:24,737
then this happened, then this happened."
598
00:38:24,761 --> 00:38:26,012
Then there was an explosion
599
00:38:26,095 --> 00:38:29,307
or a "deflagration," as they called it,
in Robin's room.
600
00:38:29,390 --> 00:38:30,671
That's what actually killed her.
601
00:38:31,976 --> 00:38:38,358
Juries like to hear... in my opinion...
They like to hear how something happened.
602
00:38:38,650 --> 00:38:42,737
They're not as enamored when...
with my testimony if I say,
603
00:38:42,821 --> 00:38:45,448
"You know,
I don't know if she struck a match
604
00:38:45,532 --> 00:38:49,327
or if a candle caused pre-ignition
of this gasoline."
605
00:38:49,410 --> 00:38:54,958
What they are fascinated with
is somebody that has the ability to say,
606
00:38:55,542 --> 00:38:58,878
"The door was open for only 15 seconds
607
00:38:59,712 --> 00:39:02,215
because of a char pattern on this door,
608
00:39:02,298 --> 00:39:05,718
and it only opened by three inches,
609
00:39:05,802 --> 00:39:06,928
so based on that,
610
00:39:07,011 --> 00:39:09,764
this happened, and this happened,
and this happened."
611
00:39:09,848 --> 00:39:13,393
And they tend to sit back and go,
"Oh, I understand."
612
00:39:14,477 --> 00:39:17,063
And so, every one of us,
as a fire investigator,
613
00:39:17,146 --> 00:39:22,694
has to be cognizant of the fact
that we could be making a mistake.
614
00:39:25,905 --> 00:39:27,949
[woman] Have you been wrong before?
615
00:39:28,741 --> 00:39:32,078
Have you had to recant
your conclusions before?
616
00:39:33,079 --> 00:39:35,874
Yes. Because the data changed.
617
00:39:35,957 --> 00:39:39,085
There's one very high-profile case
with three kids dead
618
00:39:39,168 --> 00:39:40,879
in a fire... in a house fire.
619
00:39:40,962 --> 00:39:45,216
And my original conclusion
based on the data that was available
620
00:39:45,300 --> 00:39:50,889
when I reached my initial conclusion,
was that the mother actually set the fire.
621
00:39:52,181 --> 00:39:54,058
So, I changed, yeah, I changed my opinion.
622
00:39:54,934 --> 00:39:57,478
[woman] What, is that case at all similar
to this case?
623
00:39:58,563 --> 00:39:59,564
Or could be?
624
00:40:01,941 --> 00:40:03,443
Mm...
625
00:40:05,069 --> 00:40:08,239
Well, I mean,
all structure fires resulting in a death
626
00:40:08,323 --> 00:40:10,950
are, you know, similar to...
in some respects, but...
627
00:40:12,243 --> 00:40:14,787
I don't know how I'd draw a parallel.
628
00:40:20,501 --> 00:40:24,005
[Hulsing] Does it make sensefor this 14-year-old girl,
629
00:40:24,881 --> 00:40:28,009
dressed in her underwear,
apparently with no makeup on,
630
00:40:28,801 --> 00:40:30,053
hair pulled back,
631
00:40:30,637 --> 00:40:31,679
no shoes on,
632
00:40:32,847 --> 00:40:35,308
to start pouring gasoline
in her own bedroom?
633
00:40:35,391 --> 00:40:38,144
You will not be able to establish...
634
00:40:40,396 --> 00:40:41,731
beyond a reasonable doubt
635
00:40:42,649 --> 00:40:47,862
that Karen Boes poured gasoline
in the east-west hallway of the bedroom.
636
00:40:48,446 --> 00:40:51,050
[Payne] Her lawyer kept on saying,"Well, they don't have any evidence."
637
00:40:51,074 --> 00:40:55,119
So, we all expected,
you know, an innocent verdict.
638
00:40:56,704 --> 00:40:59,332
[Hulsing] We sent the jury homefor the day. That was a Thursday.
639
00:40:59,415 --> 00:41:01,167
And they came back
the following Friday.
640
00:41:01,250 --> 00:41:03,920
And they got their instructions
at nine o'clock.
641
00:41:04,003 --> 00:41:07,044
And then they began the deliberations
around ten, 10:30, something like that.
642
00:41:10,426 --> 00:41:14,138
[Hulsing] It was to the point wherethe judge was saying to the attorneys,
643
00:41:14,222 --> 00:41:15,932
"I think I'm gonna send 'em home at 11."
644
00:41:17,433 --> 00:41:21,437
And all of a sudden, the bell went off.
645
00:41:24,065 --> 00:41:26,961
[judge] The jury has been advised by
the bailiff that you've reached a verdict.
646
00:41:26,985 --> 00:41:28,861
If so, let your foreperson rise.
647
00:41:32,031 --> 00:41:34,200
[forewoman]
Guilty of first-degree felony murder.
648
00:41:34,283 --> 00:41:35,743
[woman gasps, yelps]
649
00:41:39,080 --> 00:41:40,915
[woman sobbing]
650
00:41:40,999 --> 00:41:42,977
Twelve members of the community
looked her in the eye and said,
651
00:41:43,001 --> 00:41:45,361
"We find you guilty of murdering
your 14-year-old daughter."
652
00:41:45,420 --> 00:41:46,421
That says it all.
653
00:41:51,759 --> 00:41:54,887
I think it was...
they're thinking of her as a bad person
654
00:41:54,971 --> 00:41:57,140
because she had an affair
and she was an alcoholic.
655
00:41:58,016 --> 00:41:59,600
I think that's what did her in.
656
00:41:59,892 --> 00:42:03,479
There's nobody else
who could have been there at that time.
657
00:42:03,563 --> 00:42:06,149
Somebody had to have started the fire.
It had to have been her.
658
00:42:07,442 --> 00:42:10,236
[Boeve] And she was definitelya troubled enough person,
659
00:42:10,319 --> 00:42:11,988
so I felt she was guilty.
660
00:42:12,864 --> 00:42:15,158
They honestly could paint a picture
of what happened
661
00:42:16,367 --> 00:42:18,077
that really was a picture.
662
00:42:18,161 --> 00:42:20,496
Her guy didn't paint any picture.
663
00:42:23,332 --> 00:42:25,543
[Zessin] You want to believein reasonable doubt.
664
00:42:25,626 --> 00:42:27,545
And if ever there was reasonable doubt,
665
00:42:28,212 --> 00:42:31,215
because there was an alternate theory
that I proposed
666
00:42:31,299 --> 00:42:32,359
that was proven scientifically,
667
00:42:32,383 --> 00:42:34,463
in other words,
the cause and the origin of the fire.
668
00:42:35,511 --> 00:42:38,556
Let alone no motivation, no opportunity,
669
00:42:38,639 --> 00:42:41,684
none of those things
seemed to matter to the jury.
670
00:42:42,602 --> 00:42:45,855
And I think it goes back
to nine hours of tapes.
671
00:42:46,314 --> 00:42:48,232
[Satawa] What is the smoking gun?
672
00:42:48,316 --> 00:42:51,986
What is the glaring reason
Karen got convicted?
673
00:42:52,070 --> 00:42:55,740
It was the junk arson evidence
and the confession.
674
00:42:57,492 --> 00:42:59,178
[Hulsing]
It wasn't a "Hee-haw! We won the case!"
675
00:42:59,202 --> 00:43:03,706
It was really the realization
that justice has been served.
676
00:43:03,790 --> 00:43:09,337
But there really is no joy, per se,
because Robin will not be coming back.
677
00:43:09,420 --> 00:43:12,006
We're going to have Karen
spend the rest of her life in prison.
678
00:43:12,090 --> 00:43:14,884
We're going to have her family
and friends still supporting her,
679
00:43:14,967 --> 00:43:16,886
thinking that the system wronged them.
680
00:43:18,638 --> 00:43:22,225
[Zessin] Whenever you lose a caseyou should win, you have regrets.
681
00:43:22,308 --> 00:43:23,392
You don't sleep at night.
682
00:43:23,976 --> 00:43:26,020
I walked out of that courtroom.
683
00:43:26,104 --> 00:43:29,524
I just packed my stuff
and walked out the back hallway
684
00:43:29,607 --> 00:43:32,401
and out to the parking lot, got in my car,
went home and said,
685
00:43:32,485 --> 00:43:34,946
"I don't know if I'll ever try
another criminal case."
686
00:43:36,364 --> 00:43:39,033
I'm going to be going to prison
for the rest of my life
687
00:43:39,117 --> 00:43:40,535
for something that...
688
00:43:41,494 --> 00:43:43,955
I never even would have thought of doing.
689
00:43:44,539 --> 00:43:48,668
But there is another day of judgment
that each one of us will face
690
00:43:48,751 --> 00:43:50,795
for the good and bad that we have done.
691
00:43:51,546 --> 00:43:53,047
Before Almighty God,
692
00:43:54,090 --> 00:43:56,425
I shall not stand accountable
693
00:43:57,009 --> 00:43:59,595
for this crime
that I have been convicted of.
694
00:43:59,679 --> 00:44:04,475
My thoughts are that Karen's innocent
and that what she said in there was true.
695
00:44:04,559 --> 00:44:08,062
God will decide in the end,
but we plan on getting her out.
696
00:44:08,146 --> 00:44:12,108
Our criminal justice system
needs a real good look at.
697
00:44:12,191 --> 00:44:16,821
I think that it's a terrible,
terrible mis... miscarriage of justice.
698
00:44:34,881 --> 00:44:36,465
[voices overlapping]
699
00:44:45,057 --> 00:44:47,810
[man] I sat in that trial every day.
700
00:44:47,894 --> 00:44:51,814
And at the end of the day,
I said, "They haven't proven a thing."
701
00:44:51,898 --> 00:44:55,109
And yet, they convicted her.
I just don't understand it.
702
00:44:57,862 --> 00:45:00,990
[Essenburg] In the beginning,Judy and I would go every month,
703
00:45:02,033 --> 00:45:03,868
and then it got to be every two months.
704
00:45:03,951 --> 00:45:05,828
And now, it's about every three months.
705
00:45:14,503 --> 00:45:17,798
[Boes] My first three years here,I was in shock.
706
00:45:18,966 --> 00:45:20,760
I was grieving my daughter.
707
00:45:22,053 --> 00:45:25,348
At first, you know,
it's... you know, was crazy,
708
00:45:25,431 --> 00:45:29,852
and, you know, now she's kind of
accepted things the way they are.
709
00:45:34,649 --> 00:45:37,735
[Boes] I've had such wonderful support.
710
00:45:38,778 --> 00:45:41,572
Oh, my gosh, and I'm just so grateful.
711
00:45:42,698 --> 00:45:46,452
And I don't... I don't know what I'd do
without the people
712
00:45:46,535 --> 00:45:48,788
that have stood by me
through all these years.
713
00:45:49,372 --> 00:45:51,372
[Boes on speaker]
You guys, you know, my friends...
714
00:45:52,708 --> 00:45:56,671
through the years, I mean,
you guys have just been there through...
715
00:45:57,380 --> 00:46:01,092
oh, man,
my very, very worst, you know?
716
00:46:01,175 --> 00:46:02,677
Thank you so much.
717
00:46:03,844 --> 00:46:06,555
Shows what your friendship
means to us, though, too.
718
00:46:08,057 --> 00:46:09,350
[Payne] So, we're all hopeful.
719
00:46:09,433 --> 00:46:12,186
We go and we, you know,
try to cheer her up
720
00:46:12,269 --> 00:46:14,188
and joke with her, tell her stories.
721
00:46:14,271 --> 00:46:17,400
And you know,
talk about our kids, grandkids.
722
00:46:19,652 --> 00:46:21,696
[Payne] My daughter married her son,
723
00:46:21,779 --> 00:46:24,824
and we have
a really cute little granddaughter.
724
00:46:25,533 --> 00:46:27,618
Judy and I always say we'll keep going,
725
00:46:27,702 --> 00:46:30,204
even if our children
have to drive us here, and...
726
00:46:31,998 --> 00:46:35,084
yep, we will not ever stop.
727
00:46:37,920 --> 00:46:42,842
[Hulsing] We have a communitythat is still divided.
728
00:46:42,925 --> 00:46:46,303
We have people
who can't psychologically get there...
729
00:46:46,387 --> 00:46:50,266
That their friend, their family member,
their acquaintance did this.
730
00:46:57,648 --> 00:46:59,042
[woman] Why couldn't they have
just settled
731
00:46:59,066 --> 00:47:01,110
on this being suicide or an accident?
732
00:47:03,029 --> 00:47:04,655
I have no clue.
733
00:47:07,283 --> 00:47:10,286
Maybe 'cause Hulsing was gonna run
for judge and this looked good.
734
00:47:17,918 --> 00:47:20,546
[Rigg] Sometimes, it's hardto get to what's best
735
00:47:21,130 --> 00:47:24,300
because there's so much conflict
between who's right.
736
00:47:25,176 --> 00:47:31,057
And there's a need for more justice
than what showed up.
737
00:47:31,849 --> 00:47:37,688
There is no scientific data
to show that Karen actually set a fire
738
00:47:37,772 --> 00:47:40,691
that resulted in the death
of her daughter, Robin.
739
00:47:41,776 --> 00:47:44,737
[Smith] You know, and I've told themI'm certainly standing by
740
00:47:44,820 --> 00:47:46,655
to continue the case pro bono
741
00:47:46,739 --> 00:47:48,574
to see if we can get her out.
742
00:48:05,966 --> 00:48:08,052
[Boes] I had a lot of trust in the system.
743
00:48:09,053 --> 00:48:11,722
I was brought up to believe that,
you know,
744
00:48:11,806 --> 00:48:14,892
the innocent are innocent
until proven guilty.
745
00:48:16,560 --> 00:48:17,853
That is not the case.
746
00:48:19,271 --> 00:48:22,399
I just don't... I had no idea.
747
00:48:24,276 --> 00:48:28,030
The police were there to serve
and protect me, you know?
748
00:48:28,114 --> 00:48:30,449
They were the good guys, for Pete's sake.
749
00:48:32,284 --> 00:48:34,495
I just believed they were out
for my best interests.
750
00:48:36,622 --> 00:48:41,877
And I would advise anybody today,
no matter how innocent you may be,
751
00:48:41,961 --> 00:48:45,464
get an attorney, and don't speak.
68376
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