All language subtitles for Episode 07 Murdered His Mother or Falsely Accused Part 2

I'm being accused
of murdering my mom by my dad,

my sister, and my brother.

Murder in the first degree

in Iowa carries
a sentence of life

without the possibility
of parole.

Right away, Jason Carter
became my primary suspect.

Every time he would cry,

I chuckle at his lack
of drama skills.

Ludwick absolutely used
the affair against me.

Jason wasn't honest with me.

But having an affair
doesn't equal murder.

If you can show that
somebody has lied
in the past,

it brings the question
to the jury's mind,

"well, are they lying now?"

We've received
audio recordings

that may help US
solve this murder case.

Holy moly.

You're putting your life
in the hands of 12 jurors.

Win or lose,

I want to lay it all out there
like it really is.

Hi, guys.

Hey, guys.
How are you?

This is our friend,
agent ludwick.

So how can we use that?

Well, that's what we were
debating right now.

How we could use it
is the question.
How we could use it.

Keep going.

I can unequivocally say

the wrong person
has been charged
in this murder.

And we don't have
a report from him.

I think the response
of my entire team

shows that we were all
truly surprised,

not just by the content
of the recording,

but by the lack of follow-up.

For US, this is
certainly information

that calls into question
the investigation,

calls into question
the statements about Jason,

calls into question

the analysis of what really
happened on June 19th, 2015.

We have
a pre-trial hearing tomorrow.

I really hope that

information that
we've obtained today

can be admissible
in the trial.

The judge and the jury
really need to know

everything that we know,

and for them

to be denied that

will never bring justice.

Cases are often made
before you go to trial.

You learn what evidence is
going to come in and what isn't,

and that really shapes
how the trial is going to go.

The state wants to exclude

almost all
or all of the evidence

of these other suspects
and anything pointing to that.

We obviously think
that's something

the jury should be
allowed to consider.

We're presented with an issue
here in terms of admissibility,

because typically
these kinds of statements
are hearsay,

and they're not admissible
in court

for the truth
of the matter asserted.

However, that's not
why we're offering it.

We're offering it to show

that law enforcement
did absolutely nothing
with those reports,

that law enforcement
did a really bad investigation.

If the judge rules against US,
it would be a big blow to US.

So the outcome
of this hearing
could make or break the case.

Thank you.

Good morning, everyone.

We will just start at the top.

Ms. Branstad.

Your honor, in this case,

we have statements
by law enforcement
showing bias,

and we have statements

showing an unwillingness

to pursue leads.

There is one recording
in which the witness says,

"I've heard a..."

I think it's,
"a lot from a lot of people."

And the officer's
response is,

"well, that's just
all speculation
and hearsay,"

and ends the interview
without asking
anything else.

We wouldn't
be offering it to
prove that that witness

knew a lot of things
from a lot of other people,

it's to show the bias

that this officer
didn't even ask
the question of,

"who told you what?"

This is hearsay.

How is this
going to be admissible?

Your honor,

truly most investigations
like this start with
hearsay testimony.

One person heard something,

and then the investigator
has to follow through

and go to the next person,

and go to the next person.

Your honor, I can say that
I have no intention

to stand up
in closing argument and say,

"Joe sedlock
is absolutely responsible,"

or, "John followill
is absolutely responsible."

What I do intend to say,

if this evidence
is admitted is,

"we don't know,

"because these leads
were not followed through."

It sounds like
we're all accepting
the fact it's hearsay.

There is no permissible way
to get this evidence in

for the truth of
the matter asserted.

They're talking
sloppy police work.

Okay. So the defense
can say over and over

that this was
a surface investigation.

They maybe even believe it.

But it doesn't make it true.

The jury is entitled

to be able
to make a decision

based on what weight to afford
a particular piece of testimony.

But, judge,

that piece of testimony
or evidence

still has to be admissible
under our rules of evidence,

and the defense has yet
to give you a cognitive reason

under the
Iowa rules of evidence.

Anything else
on behalf of the defendant?

No, your honor.

Very well.

I will consider
the arguments,

and I'll get
a ruling on file.

See you all
a week from tomorrow.

Thank you, your honor.

Thank you,
your honor.

It is really important
for the jury to understand

the lens through which
law enforcement
was viewing this case,

which was solely focused
on Jason Carter

to the exclusion of
everything else.

If the jury is presented
with that information,

it will have to
raise a question
in their mind

of, "can we really find
this guy guilty

"if law enforcement
didn't do its job?"

Two-zero.

Hey,
it's the operator.

Dang it!
Nine-zero.

Wait. Whoa, it's my bat.

McKenna's class
made a book,

and I just...

I just wanna share with you
McKenna's page.

Um...

She said,
"I want to be a lawyer
when I grow up.

"I want to make a difference

"by helping people prove
themselves innocent.

"By McKenna."

It just makes me
so proud of my daughter.

It makes me realize that

this has been harder on them

than I even know sometimes.

Both the kids
mean the world to me.

You know.

I don't know
what I'd do without 'em.

Murder brings
a life sentence

without parole.

A life sentence
is as long as you live

until you die.

You will die in prison.

It's a pretty scary deal.

Okay.

I'm fighting for my life...

For my family and my mom.

My attorneys
said that information

that's been provided to US
could be considered hearsay.

That's the only reason

it may not be put
in front of a jury.

The judge has ruled
in our favor,

and so we get to bring in
the hearsay statements

to show what wasn't done
in the investigation.

Yeah.

That's probably
the biggest win for US.

That ruling is
essential to our case,

because a great deal
of this case revolves around

leads that we believe
weren't followed,

information that wasn't pursued

and our criticisms
in this case
of the investigation.

We needed
an impartial judge,
and we got one.

It's great. It's exactly
what should have been done.

Nate went down
to the Marion county
sheriff's office yesterday

to look at the physical evidence
before they bring it
down for trial.

They found a box
that ludwick
dropped off this month

full of 90 discs

that were labelled blank,
but weren't blank,

or labelled as something
that they weren't.

Absolutely
UN-freaking-believable.

Yeah.

Special agent
Mark ludwick dropped off
this box of evidence

to the Marion county
sheriff's office

several weeks ago,

and we're just now
receiving it

three days before
trial starts.

We don't know
what is on these discs.

The box says
there's 93 discs in it.

There's only 80.

The discs are mislabeled.

Some of them are blank.

Some of them say they're blank,
and they're not blank.

It's just a total
organizational disaster.

I don't know if
special agent Mark ludwick
maliciously withheld evidence.

I don't know if it was
simply an oversight.

But most certainly

we should have been given
all of this evidence

months and months ago.

We're not aware of anything
that harms US in the case,

but we don't know if there
is substantially helpful

information in there.

And so that is just...

It's disheartening,

and it makes it
hard to go to trial

feeling less
than fully prepared.

This is so hard
because I promised Jason
early on in this case

the one thing that
he could count on

is if I went into trial,

I would know every detail
of every bit of evidence.

That was my promise.

Yeah.
I said,
"that's what I will do."

And if we go
into trial now,

I'm not keeping
that promise.

I feel like we're
at an advantage right now,

but I also wonder
if it's irresponsible
to go into trial

without having
a thorough understanding

of everything
that's on these discs.

There is
a certain part of me
that just feels

so ready
for this trial...-

...despite not having
aspects that I want

in the structure behind US.
-Yeah.

Man, I just wanna get
in front of a jury,

and I've got
a lot of emotional...

I just want it right now.

Here's my plan.

Full steam ahead like we're
going to trial on Tuesday.

Yeah.

Man, I gotta really
trust in her

that she's making
the right decision.

I have no choice
other than to keep fighting.

You can't give up now.

We've decided that
we are going to go ahead
with this trial.

It's a risk.

It's definitely a gamble
to some degree.

But that's what
we're gonna do,
we're gonna do trial.

A note from Kenny...

"You are the best!

"You're awesome, dad."

I'm very worried
about what might happen.

The kids would be
beyond devastated

if their dad didn't come home.

What?

Are you gonna say
goodbye to chase?

Yeah.

If things aren't
made right,

I don't know what I'll do.

Okay.

Give me a hug, chase.

Bye, Katie.

Make sure
you take care of mom.

And be nice to your sister.

No family
should go through
what we've had to go through.

We just want peace,

peace for our children,

peace for our family,

Okay.

I've got a tag
I can't get off this new suit.

I might have to use a knife.

Opening statements
are today and...

Well, I've had
some friends tell me that
opening statements are

the make it or break it
type thing.

Um...

You know, I guess
I don't know. We'll find out.

Scared as hell.

It's always just
incredibly scary

to go up in front
of a jury,

and there's a lot
on the line in this case.

First day today, so...

Um...

Gonna be a big day.

Opening statements
are always difficult,

because nothing
comes in exactly
as you plan.

You may be seated.
Thank you.

The prosecutor is ed bull.

Our styles are very different.

He's incredibly theatrical.

Sometimes that goes
over well with juries,

sometimes it doesn't.

It happens in the kitchen

of her home.

Somebody

fires a high-powered
.270 caliber rifle

at Shirley Carter.

The bullet
strikes her in the side.

It carves a path
through her chest,

shattering ribs

and punching holes
in her lung and heart.

With Shirley Carter lying
flat on her back,

the shooter racks
another round

into the chamber
of that rifle,

aims dead center

at Shirley Carter's chest,

and pulls the trigger again.

The evidence will establish
that somebody

acted maliciously

and with the
specific intent to kill.

What we will prove to you

is that there are
clues that lead
to only one conclusion.

We will ask
that you return a verdict

finding Jason Carter guilty

of murder in the first degree.

Thank you.

What I'm going
to ask of you

is, over the course
of this trial,

to look and see
if you think this was

a normal and
perfect investigation,

or if very significant parts
of this investigation

weren't followed through.

The timeline
doesn't make sense.

There was no motive.

One investigator
in particular

went after Jason Carter

and ignored
all the other clues.

And at the end
of this case,

I will ask you

to enter a verdict

of not guilty.

Thank you.

Now, the state of Iowa
calls Michael halverson.

The first week of trial's

always stressful
for the defense,

because the prosecution
gets to go first.

It can be really frustrating,
because you do feel like

you're just getting
hit after hit,

and there's really very little

that you can do about it
until the state is done.

I'm employed
as a criminalist

for the Iowa division
of criminal investigation.

The prosecution
is going to use him
as a foundational witness,

someone to say,

"yes, this is a photograph
of the kitchen,

"facing this direction.

"This is why
we took this photograph.

"This is why we think
it is significant."

When you entered
the bedroom,

was there anything specific
that you observed?

Yes. The chest of drawers

had two drawers
pulled out.

We fingerprint dusted

the top of this
chest of drawers.

Did the crime scene team

process the living room
of the residence?

Yes,
we did process it.

But it did appear uninvolved,

undisturbed,

so it was not examined
with the same vigor

that the kitchen was,
for example.

To your knowledge,

there is
no forensic evidence

that implicates
Jason Carter?

That statement is correct.

I would...

I would like to say that

what I said was...

I would say I had
no forensic evidence

that I was aware of,

no DNA, no fingerprints,

no ballistic evidence

that said Jason Carter
was responsible

or not responsible
for this death.

I have no further questions.

That's the only question
that matters

when it comes to forensic.

Does any of this link
Jason Carter to the crime?

No? Okay, we're done.

The state will call
Laurie goff.

Laurie goff was
the first person
with a medical background

to look at Shirley's body
that morning.

She originally said
Shirley had died
several hours

before Jason arrived
at the crime scene.

Do you swear to
tell the truth,

the whole truth,
and nothing but the truth?

Yes.

Please be seated.

The state is alleging

that Jason had the time
to do this in ten minutes.

So the timeline
is extremely important,

because if we can show

that she was killed
hours before,

there is simply no way
that Jason did it.

Now, while you were
in the residence,

did you observe any blood?

Yes.

Was that blood dry?

No.

This was the report
that you wrote
immediately after

being on the scene.
Is that correct?

Correct.

When you wrote it,

you wrote that
it was dried blood.

Yes, inadvertently
that it was dried.

It was not dried, it was wet.

At that time
it was your finding

that it didn't happen
minutes ago,

it had probably been
two or three hours.

Correct.

You found the
coagulation of the blood

means that it had time

to start the clotting process,

so you knew that
she hadn't been there
for 12 hours,

but you knew that
she had been there
longer than an hour?

Possibly, yes.

That's the time frame
I gave, yes.

I do think that
we were able to show

Laurie goff's inconsistencies

very clearly.

Anything beyond ten minutes

excludes Jason
as being a suspect,

because he couldn't
have been there
for that to happen.

Jason's family
will be on the stand tomorrow.

The family interactions

are one of the toughest parts
of this case.

To have my family
take the stand
and say that I killed my mom,

pretty low.

I feel nervous...

Scared.

Most of the time
in a criminal case

your family sits behind you
and supports you and,
in this case,

he's got his family
on the other side
of the courtroom.

It's gonna be
very hard for Jason

to have to sit there
as his family members
testify against him.

They won't be able
to directly state to the jury

that they think Jason

is responsible
for Shirley's death.

I think it'll just be clear
by the fact

that they're testifying
that they believe
that Jason is guilty.

Good morning.
You can come right up here.
Good morning.

I'm sure
everybody's gonna think,

",
that is one messed up family."

Do you swear to
tell the whole truth
and nothing but the truth?

Yes, I do.
Please be seated.

I wanna talk about June 19th.

Did you receive
a phone call
from your brother

a little after 11:00 A.M.?

Yes, I did.

He said,

"mom is laying on
the kitchen floor

"and she's dead."

And...

I said immediately...

"No!"

I... and I said,
"Jason, did you call 911?"

And he said,
"no, it's too late.

"She's cold. She's stiff.
She's dead."

And I said,
"you don't know that."

I said, "Jason,
you gotta call 911."

And that's...
You know, it was...

He still wouldn't call 911.

So I hung up,
and I called my dad.

Why did you
call your dad?

Because he wasn't calling 911
anyway, and so I thought,

well, dad...

Dad would know.
Dad could do it.

Sir, if I could get you
to come right up here, please.

Dad is taking the stand.

I can only imagine
what he's gonna say.

Raise your right hand
for me, please.

Do you swear to tell the truth,

the whole truth,
and nothing but the truth?

I got a phone call
from my daughter.

She said,

"dad,

"mom's dead."

And then I took off for home

as fast
as I could get there.

Jason was talking on the phone.

I didn't even stop,

I just went running
in the house.

What did you see?

I found Shirley on the floor,

and she was dead.

And then I picked her head up

and I kissed her
on the forehead,

and she was cold.

What did you do?

I said, "Jason,
look how she's laying.

"You don't die that way."

How would you explain
your emotional state?

I was a mess.

It was terrible.

They say your life
can change in an instant,

and it did.

It changed.

And it'll never be the same.

Out of all of the days
of trial so far,

this has been the worst.

None of these people
offered anything

that tended to show
that Jason was responsible
for this crime.

But because
they're family members

who believe
that Jason is responsible,

and that comes off
as they testify,

is something that the jury
could take into consideration.

To have my family
testify against me

is terrible.

They're not allowed to say
that I murdered mom,

but basically,
by them taking the stand

for the prosecution,

shows the jury

whose side they're on.

Any kind of loving relationship
that we would have had

was completely shredded
by agent ludwick.

He did his utmost

to tear the family
completely apart.

I am looking forward
to seeing agent ludwick
take the stand,

because he is going
to be their demise.

The state didn't call
their lead investigator.

I don't recall any trial

that I've been involved in

where the lead investigator
wasn't called,

and certainly not
in a murder trial.

We now need to decide
whether to call ludwick.

This is a decision
that could make this case

or that could be
an absolute disaster.

We need
to talk about the strategy

for this trial again.

I didn't anticipate
the state wouldn't put on

any detective or investigator.

If we bring in ludwick,

we've got all sorts of
great information there.

But if he comes in and says,
"shucks, I tried,

"but everything points
to Jason."

I've been told for so long

that these people
are gonna come in

and make
a big difference

that's really
gonna cast
a shadow of a doubt.

And now you're telling me

we're not gonna bring
any of it in?

Right now, there's no face
on this investigation.

No face other than me,

and I catch those jurors
looking at me

non-stop all day long.

There's a lot of risk

in putting them on.

But is there
a lot of risk in not sharing

with them what we know?

I mean...
-Yeah.

I made some promises,
not anticipating

that the state wouldn't
put on their investigator.

If we go this road,

I'll go after 'em,

but it's your case,
and the final decision
has to be yours.

Because if we lose,

you will always decide that
that was the wrong decision.

We know you are
going above and beyond.

And we do trust you.

It's just we're scared.

I get that.

We have two kids
that he has to come home to.

The entire case
has led up to today.

Ludwick's taking
the stand today.

We'll see if...

If he's gonna fess up
to all of his wrongdoings.

Man, he's lied his ass off
the whole way through,

so I just keep
waiting for horns
to sprout out of his head,

so that people can really see
how he is.

Jason is excited
for this evidence

to be in front of the jury.

Like always,
I'm just nervous.

There are two possibilities
with the state not putting on
their lead investigator.

Either they knew
it was a weakness,

or they're trying
to bait US into doing it.

My name is Mark ludwick,

spelled l-u-d-w-i-c-k.

All interviews
and reports

are supposed to
come back to you

for management of
the investigation,
aren't they?

That's correct.

I have hundreds and hundreds
of documents

and pages of interviews.

Most of these
interviews occurred

after there were
questions posed

by Jason Carter's
defense attorneys

about what happened.

That's correct, yes.

Okay.

Many, many people
implicate

Joel followill,

John followill,

or Joe sedlock. Correct?

Their names come up
by multiple individuals.

There are multiple reports

alleging that
Joe sedlock,
John followill,

and Joel followill
were involved
in the homicide.

Yes, I believe
we were told that.

Um...

Charity rausch said

they were supposed
to be getting medication

that was coming in the mail,
but something went wrong.

Joel got startled,

and the gun
went off accidentally,

but that Joe sedlock went back

and fired a shot
to kill the woman.

Is that correct?

Yes, I believe
that's correct.

To this date,

are you aware

of any alibi evidence

for either of
those three individuals?

Regarding the, the...
On June 19th?

For the morning of
June 19th, 2015.

No. I... I do not know
where Joe sedlock was.

I do not know
where John followill was.

And I do not know
where Joel followill was.

Agent ludwick.

Yes, ma'am.

Many, many people

say that it was
a burglary gone wrong.

Yeah, burglary gone wrong

was something that we knew

by noon on the day
of the homicide

was going around
the small community.

John followill
and Joel followill

were known to be involved

in a number of burglaries,
weren't they?

They had been,
but they aren't
violent individuals.

That's not in their nature
or character that I felt.

You testified

that neither of
the followills

had a history
of violence.

Were you aware
that Joel followill

has convictions
for four assaults,

two domestic assaults,

and burglary second?

Yes, ma'am,
I'm aware of that.

And that
John followill

has at least
two convictions
for assault?

I remember he had assaults
on his record, yes,

but I...
No further questions.

We've decided to rest.

It is always
a difficult decision
to rest your case,

but we feel very good
about where we ended.

The testimony
from agent ludwick

really provided a clear picture,
and we hope the jury sees that.

So, no more witnesses.

No me. No Shelly.

I kinda feel
like I'm in limbo.

Jason would like
every single bit of the story
to be known.

And it's tough for him
not to have

every single detail
in front of this jury.

But he also understands

that we've reached the point

where it may be
in our best interest

to just end on
our strongest notes.

We start
closing arguments today.

Hopefully the jurors
can see right through
all the , but...

We only spent two days
with our side.

That makes me
really nervous,

'cause we kinda cut
a lot of our stuff short.

We give our closings,

and then it's all
up to the jury.

Ed bull,
he's a skilled litigator,

but there's no amount of skill
that overcomes facts.

This was a case
built against Jason Carter

instead of a case

trying to solve a crime
and look at all the clues.

You gotta believe
someone went downstairs,

found a gun in that basement,

came back upstairs, shot her,

instead of walking out the door.

The state's
own criminalist said,

"I'm not aware
of any forensic evidence."

There are only two people
who know what happened that day,

one of them's dead,

and the other one's
sitting in that chair.

Find him guilty as charged.

Jason Carter
couldn't possibly be guilty.

I ask you to return
a verdict of not guilty.

With that,
take the 12 members
of the panel

into the jury room.

Well...

Jury's in deliberation,

eating their dinner,

and,

they'll start
to decide my fate.

Kenny sent me a message
this morning,
and so did chase.

And I'm just sending them
a message back.

"Daddy loves you both,"

"and your brother very much."

I said,
"you take good care of mama."

"Just in case."

Okay, we'll be right there.

They've got a verdict.

I need to call...

You guys need
to get here right now,

they've called a verdict.

Are they done?
Yeah.

What can that mean?

Okay.
Sam, we've got a verdict.

We do whatever you say.

Okay?

How can that be?

They didn't look at anything.

Maybe because
they already know, Jason.

Come on.

How can that be, Sam?

Ladies and gentlemen,
have you reached a verdict?

Yes, we have.

"We, the jury,
find Jason Carter

"not guilty."

Is that
your verdict,

ladies
and gentlemen?

Yes, it is.

Mr. Bull,
do you care to have
the jury polled?

No, sir.

Very well.

I know. I know.

Hi, Cecil.

I am so glad.

I can't believe it.

Finally.

I'm so happy.

Let's go home.

Yeah, we're going home.

It's just a huge weight

lifted off
all of our backs.

My mom can rest
a little easier.

It doesn't feel like
I finally got justice,

because whoever
did this to my mom
is still walking around.

I'll never give up
on trying to figure out

who did this to her.

My mom deserves that.

My kids deserve that.

My wife deserves that.

And as much as I dislike
my dad and my siblings,

they deserve it too.

I guess it's up to me
to try and figure out

What happened to mom.