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On this episode of Death Row Stories,
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a millionaire is accused of brutal murders
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in a downtown Miami hotel.
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The crime scene was a bloody, bloody mess.
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But after a death sentence, one man
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fights to save his life.
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- You go into Federal Court and say,
"My guy's innocent", - and they say,
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- "Well, too bad, mate, that's got nothing
- to do with it."
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And what he discovers will turn
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the case upside down.
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Anybody in the world would say,
"What? That's not allowed."
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There were a series of questions
that should've been asked.
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This case has more
evidence that was covered up
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than any other case I
have ever seen in decades.
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There's a body in the water.
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He was butchered and murdered.
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Many people proclaim their innocence.
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- In this case,
there were a number of things - that stank.
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This man is remorseless.
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He needs to pay for it with his life.
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The electric chair
flashed in front of my eyes.
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Get a conviction at all costs,
let the truth fall where it may.
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A double homicide was discovered
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at the Dupont Plaza
Hotel in downtown Miami.
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This was a very sensational crime.
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How many times do you
have a double homicide in
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a downtown Miami hotel?
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The crime scene was a bloody, bloody mess.
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The father was shot six times while he was
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crawling, trying to escape.
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The son was shot, "execution style."
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So, this was a pretty shocking case.
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The dead men were Derrick Moo Young,
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a father of four,
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and his youngest son,
Duane, who had just been
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accepted to law school.
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A few hours after the shootings,
a journalist
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named Neville Butler
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contacted police saying he'd seen his boss,
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47-year-old Kris Maharaj, pull the trigger.
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Our big break was when
we received a telephone call
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that there was an individual
by the name of Neville Butler
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that wanted to speak to us.
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Butler described the crimes in painstaking
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detail to Buhrmaster.
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Kris opened the door
and came out with a gun
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in hand, with a glove on.
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And that's when I almost passed out.
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When I asked Kris, "What on earth is this?"
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He says, "keep out of this."
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That's when he fired the first shot,
at his leg.
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Moo Young dashed at him
and that's when Kris must have
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let go four or five bullets.
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- The television that was there, the
lamp and everything - had all been shot up.
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- The screen of the television had
been destroyed - from the bullet.
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He turned his attention now to the son,
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he said, "Come with me."
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And he took him up the stairs
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and told him, "Kneel down, face the wall."
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And then,
the next thing I heard was "boom".
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He shot the boy in the back of his head.
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Kris Maharaj was a wealthy
importer from England
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who'd started a newspaper
business in Miami.
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He was quickly charged with two counts
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of first-degree murder
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The maximum sentence? The death penalty.
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It didn't look too good for Kris.
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The lead detective, John Buhrmaster,
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said that he had denied
ever being in room 1215
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- while his fingerprints were all
over the place - so that was a lie.
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Kris denied ever having a gun,
he clearly did have
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a 9 mm pistol.
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- The ballistics expert came in and said that's
the type of gun - that was used for this murder.
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He had invested in property
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and Derrick Moo Young
was supervising that property.
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According to Kris,
Derrick had stolen $441,000,
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had just embezzled it.
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So, Kris had had a motive, he clearly hated
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the Moo Youngs, and finally,
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the icing on the cake
was their star witness,
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Neville Butler.
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Kris' case went to trial.
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In court,
the defense presented no alibi witnesses,
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and Kris never took the stand.
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Ron Petrillo was the defense investigator
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on the case.
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I knew when I heard all of this going on,
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coming out of the jury room,
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what the final outcome was going to be.
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The jury returned guilty
verdicts in less than
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four hours.
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And then when it went to the penalty phase,
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judge gave him the death sentence.
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During his ruling, the judge declared that,
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"The coldness and calculated manner
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in which the defendant
executed his heinous plan
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cannot be overstated."
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Kris would officially begin
his time on death row.
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I said, "God knows I'm innocent.
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"They will not kill me, they cannot."
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Kris was from England, a country
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that had abolished
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the death penalty for murder in 1965.
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With one of their citizens on death row,
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the British government
asked Clive Stafford Smith
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to investigate Kris' case.
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Clive was a young, idealistic lawyer
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who'd made a name for himself
fighting death penalty cases
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on a pro bono basis.
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By the time I got there in '94,
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he'd been sentenced to death,
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- he'd gone up to the Florida Supreme Court
- on appeal,
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To the U.S. Supreme Court,
and come back down,
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and so my first thought was,
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"Oh, my goodness,
how did I let myself in for this?"
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Despite his reluctance, Clive agreed
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to meet with the man
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he presumed was guilty.
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- I never talk to people, when I first
meet them, - about "Did you do it?"
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They don't know you, they don't trust you.
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Though,
Kris was one of those quite rare people
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who insisted on giving me an A to Z lecture
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about the fact that he didn't do it.
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And, you know,
I found that quite convincing, although,
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I will say the evidence against him was
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pretty strong at the time.
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As a former cop,
Ron Petrillo also had doubts
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about Kris' innocence
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when he joined the case.
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Initially,
I thought Kris just killed these guys.
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But I'm looking to see
where the evidence takes me
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and it didn't add up.
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The deeper I got into the investigation,
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it began to dawn on me
that Kris was innocent.
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Ron was very,
very loyal to Kris and he carried on
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after the case was over,
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even though he wasn't
being paid or anything.
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Ron and Clive noticed discrepancies
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in the prosecution's story of the murders,
and set out
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to look for answers.
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I demanded to see the
files of the prosecutor
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and of the police.
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- I start going through it, and I'm sitting
there with some - extraordinarily bad coffee,
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In the police headquarters
going through this
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very carefully, tabbed file.
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I discovered that Neville Butler,
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the star witness,
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failed his polygraph test.
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- I discovered notes that showed that the
Police knew that - Kris had lost his gun
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Before the murders ever took place.
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This case has more
evidence that was covered up
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than any other case
I've ever seen in decades.
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Just a year before Kris Maharaj
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was put on death row
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for the murders of Derrick
and Duane Moo Young
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in Florida,
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he'd been living a life
of luxury in England.
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Kris had come to England
when he was quite young,
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worked incredibly hard,
and become a millionaire.
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In England, Kris married and had four kids
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while working his way
up from a truck driver
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to a business magnate.
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He was a very flamboyant millionaire
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here in London.
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He had got his Rolls-Royce,
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and then,
he began to get into horse-racing.
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Kris amassed the second biggest stable
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of race horses in England
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Only the Queen owned more.
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Having emigrated from Trinidad,
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Kris also mingled with
members of parliament,
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gaining entrance into an upper crust,
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lily-white society,
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rarely available to immigrants of color.
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Kris first met the men he'd been
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accused of killing.
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When he began importing
their fruit from Jamaica.
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After years of doing business together,
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Derrick Moo Young asked
Kris to invest in houses
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he was building in Florida.
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But according to Kris,
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the Moo Youngs took his money,
and embezzled it.
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They also incorporated as KDM Distributors,
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a name eerily similar to Kris' company
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and allegedly started drawing money
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from Kris' accounts.
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According to Kris,
Derrick had stolen property
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worth $441,000.
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So you could see why
Kris would be very angry.
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He wanted to put an end to this.
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Kris was used to settling
disputes with words,
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not weapons.
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He sued the Moo Youngs and told Clive
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he expected to win.
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But if Kris then had little reason to walk
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into the Dupont hotel
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with a loaded weapon,
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why was there so much evidence
pointing to him as a suspect?
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According to Kris,
he went to the Dupont at 9:30 a.m.
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on the morning of the murders
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to meet a potential business
partner for the newspaper
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he'd started in Miami.
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- Neville Butler, the man who would
claim to see Kris - commit the murders,
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Set up the meeting.
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But the man Kris was
supposed to meet was not there.
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The two men waited for nearly an hour.
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At 10:30, Kris drove 25 miles
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to Fort Lauderdale
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and attended meetings during the hours
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when the murders took place
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and he could prove it.
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Kris had alibi witnesses
including an employee at his
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newspaper named Tino Geddes.
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Tino Geddes swore to me
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that he had been with Kris,
gone on lunch, stayed by Kris.
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The manager at a
restaurant Kris frequented,
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also clearly remembered
seeing Kris at lunch.
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I know I saw Kris the day of the murders
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because there was a person who was sick,
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and I needed to come in
and fill in for that person.
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It doesn't seem like
there's any way possible
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that he could've killed
people at 12 o'clock
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and then been in for lunch
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sometime between 12:00 and 2:00.
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Five other witnesses would come forward
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placing Kris with them
on the day of the murders.
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I haven't any doubt at
all that I saw him that day.
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So that was 12:00, 12:30, within that time.
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Yet Neville told Miami
PD homicide detective,
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John Buhrmaster
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a convincing account of
seeing Maharaj commit
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the murders in cold blood.
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Someone had to be lying.
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Butler was a home run for police.
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Not only could he identify Maharaj,
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he would go on to lead Detective Buhrmaster
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to where he and Kris
planned to meet for dinner.
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Kris would be taken for interrogation
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and stark differences would
emerge about what was said
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during that conversation.
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John Buhrmaster said that Kris denied
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ever being in room 1215
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while his fingerprints
were all over the place.
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Kris' fingerprints
would only be significant
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if he denied being in the room to police.
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Buhrmaster also said that
Kris denied ever having a gun.
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He clearly did have a 9 mm pistol.
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00:13:32,646 --> 00:13:34,308
But if Buhrmaster thought Kris was
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trying to hide something,
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he never took a sworn statement
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during the interrogation
to document that fact.
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And a lie detector test
Kris took later that evening
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would support Kris' version of events.
255
00:13:47,494 --> 00:13:48,956
They had one of the top polygraph
256
00:13:48,980 --> 00:13:50,464
examiners
257
00:13:50,497 --> 00:13:52,997
in Florida do these tests.
258
00:13:53,832 --> 00:13:55,082
Kris passed.
259
00:13:55,126 --> 00:13:57,916
That was plain and simple.
260
00:13:57,962 --> 00:14:00,254
Despite passing the lie detector and having
261
00:14:00,278 --> 00:14:02,592
numerous alibi witnesses,
262
00:14:02,634 --> 00:14:05,844
Kris was booked and held without bail.
263
00:14:05,886 --> 00:14:08,676
It would be a year before
he'd get his day in court.
264
00:14:18,232 --> 00:14:20,399
On the eve of trial,
Kris and his investigator,
265
00:14:20,423 --> 00:14:22,612
Ron Petrillo
266
00:14:22,654 --> 00:14:24,534
felt good about their chances.
267
00:14:24,572 --> 00:14:26,532
Kris had seven or eight alibis.
268
00:14:28,034 --> 00:14:31,504
I had located people and
gotten sworn statements
269
00:14:31,538 --> 00:14:34,120
that put him squarely in Broward County
270
00:14:34,144 --> 00:14:36,748
some 25 miles away
271
00:14:36,793 --> 00:14:40,763
during the time that
these murders occurred.
272
00:14:40,797 --> 00:14:42,837
But with his trial approaching,
273
00:14:42,882 --> 00:14:44,884
Kris got word that one of his key alibis,
274
00:14:44,908 --> 00:14:46,932
Tino Geddes,
275
00:14:46,969 --> 00:14:49,719
was about to change his story.
276
00:14:49,764 --> 00:14:51,601
Everything that Tino had said,
277
00:14:51,625 --> 00:14:53,484
that he was with Kris,
278
00:14:53,518 --> 00:14:57,058
that Kris was in Broward
County when murders took place,
279
00:14:57,104 --> 00:14:59,904
it was all a lie, according to Tino.
280
00:14:59,940 --> 00:15:01,692
Geddes was now going to testify
281
00:15:01,716 --> 00:15:03,490
for the prosecution.
282
00:15:03,528 --> 00:15:05,818
And no one, including Kris,
283
00:15:05,864 --> 00:15:08,204
was prepared for the accusations
284
00:15:08,241 --> 00:15:09,831
Geddes was about to make.
285
00:15:19,252 --> 00:15:22,132
Kris Maharaj was facing the death penalty
286
00:15:22,171 --> 00:15:24,721
for the murders of Derrick
and Duane Moo Young
287
00:15:24,758 --> 00:15:27,255
when shortly before trial,
Tino Geddes, one of Kris'
288
00:15:27,279 --> 00:15:29,798
key alibi witnesses
289
00:15:29,846 --> 00:15:32,006
had a dramatic change of heart.
290
00:15:32,056 --> 00:15:34,766
Tino Geddes worked for Kris
291
00:15:34,809 --> 00:15:37,849
at a newspaper that Kris owned.
292
00:15:37,896 --> 00:15:40,476
From day one, he swore to me
293
00:15:41,608 --> 00:15:43,228
that he had been with Kris.
294
00:15:43,276 --> 00:15:46,106
Now, Tino has changed his story,
295
00:15:46,153 --> 00:15:48,510
on the day that the murders were committed,
296
00:15:48,534 --> 00:15:50,913
he wasn't with Kris,
297
00:15:50,950 --> 00:15:53,490
Kris wanted the Moo Youngs dead.
298
00:15:53,536 --> 00:15:55,013
Tino was now claiming Kris' actions
299
00:15:55,037 --> 00:15:56,536
in the murders
300
00:15:56,581 --> 00:15:58,791
had been premeditated.
301
00:15:58,833 --> 00:16:02,303
John Rattlesnakes was a
prosecutor on Kris' case.
302
00:16:02,336 --> 00:16:04,253
Mr. Geddes told us that he,
in fact, had been
303
00:16:04,277 --> 00:16:06,216
with Krishna Maharaj
304
00:16:06,257 --> 00:16:09,154
- on several other occasions
when he'd tried to - kill the victims
305
00:16:09,218 --> 00:16:11,258
And members of their family.
306
00:16:11,304 --> 00:16:12,991
And that, in fact, that Krishna Maharaj
307
00:16:13,015 --> 00:16:14,724
soul motive in life
308
00:16:14,766 --> 00:16:17,573
- at that point in time was the death of
- Derrick Moo Young.
309
00:16:17,644 --> 00:16:20,001
Tino'd said that Kris had done a dry run at
310
00:16:20,025 --> 00:16:22,404
the Dupont Plaza Hotel with him
311
00:16:22,440 --> 00:16:24,820
where he had prepared
to murder the Moo Youngs
312
00:16:24,859 --> 00:16:27,671
And Kris was going to
burst through from room
313
00:16:27,695 --> 00:16:30,529
404 to room 406 to do it.
314
00:16:30,573 --> 00:16:32,833
I went to the Dupont Plaza Hotel,
315
00:16:32,867 --> 00:16:37,264
- there's no door between 404 and 406, there
are all sorts of - reasons why Tino was lying.
316
00:16:37,330 --> 00:16:39,170
The question was why.
317
00:16:39,206 --> 00:16:41,876
Why do you think Geddes changed his story?
318
00:16:41,918 --> 00:16:45,168
Tino Geddes had a DUI trial coming up,
319
00:16:45,212 --> 00:16:47,649
and he was also being charged for smuggling
320
00:16:47,673 --> 00:16:50,132
guns and ammunition.
321
00:16:50,176 --> 00:16:52,048
He was smuggling a whole bunch of guns
322
00:16:52,072 --> 00:16:53,966
into Jamaica
323
00:16:54,013 --> 00:16:56,773
at a time when there were very,
very harsh sentencing.
324
00:16:56,808 --> 00:16:58,995
My experience is the
vast majority of people,
325
00:16:59,019 --> 00:17:01,228
when they face life in prison,
326
00:17:01,270 --> 00:17:05,247
- are willing to say what the prosecution
wants them to - say about pretty much anything,
327
00:17:05,316 --> 00:17:07,106
And probably about their grandmother.
328
00:17:09,278 --> 00:17:11,400
In Tino Geddes' misfortune, the prosecution
329
00:17:11,424 --> 00:17:13,568
sensed an opportunity
330
00:17:13,616 --> 00:17:16,446
and flew to Jamaica to
help their new witness.
331
00:17:18,078 --> 00:17:20,578
Paul Ridge and John Kastrenakes
332
00:17:20,623 --> 00:17:24,793
went to testify on his
behalf and got him off.
333
00:17:24,836 --> 00:17:28,456
With, I think,
just a fine instead of doing jail time.
334
00:17:28,506 --> 00:17:30,108
And I thought, "Well, okay, they're
335
00:17:30,132 --> 00:17:31,756
doing their job."
336
00:17:31,801 --> 00:17:36,011
Until I found out they and
Tino went to a strip club.
337
00:17:36,055 --> 00:17:39,112
- A lot of people would say, "Well,
what they do - on their own time
338
00:17:39,183 --> 00:17:40,353
"is their own business."
339
00:17:40,393 --> 00:17:45,363
But they are there on my dime as a taxpayer
340
00:17:45,398 --> 00:17:47,940
testifying on behalf of
this man and they go to
341
00:17:47,964 --> 00:17:50,528
a strip club with him?
342
00:17:55,575 --> 00:17:57,905
Yeah,
I'd say that they got a little too close.
343
00:18:05,835 --> 00:18:09,335
Kris' trial began on October 5, 1987.
344
00:18:09,380 --> 00:18:13,510
Almost exactly one year
after the murders occurred.
345
00:18:13,551 --> 00:18:16,141
It was presided over by Judge Howard Gross,
346
00:18:16,178 --> 00:18:18,308
known to friends as "Mousey"
347
00:18:18,347 --> 00:18:21,097
because of his small frame and large ears.
348
00:18:21,976 --> 00:18:24,056
Kris' attorney was Eric Hendon
349
00:18:24,103 --> 00:18:25,940
who'd helped other accused killers
350
00:18:25,964 --> 00:18:27,823
avoid the death penalty.
351
00:18:27,857 --> 00:18:29,879
During opening arguments,
the prosecution contended
352
00:18:29,903 --> 00:18:31,947
that the Moo Youngs
353
00:18:31,986 --> 00:18:34,588
were innocent businessmen
gunned down by Kris,
354
00:18:34,612 --> 00:18:37,236
the cold-blooded killer.
355
00:18:37,283 --> 00:18:39,293
Eric Hendon told the jury they would hear
356
00:18:39,326 --> 00:18:41,803
fictional stories from the prosecution
357
00:18:41,827 --> 00:18:44,326
worthy of a Hollywood drama.
358
00:18:44,373 --> 00:18:46,585
But on the third day of trial,
the proceedings came to
359
00:18:46,609 --> 00:18:48,843
a sudden halt.
360
00:18:48,878 --> 00:18:51,855
- What happened on day three of the trial,
- if you can believe it,
361
00:18:51,923 --> 00:18:54,260
Is that Howie the Mouse, doesn't show up
362
00:18:54,284 --> 00:18:56,643
because he's been arrested
363
00:18:56,677 --> 00:18:59,177
taking kickbacks in another case.
364
00:18:59,221 --> 00:19:01,973
And he'd been caught by
law enforcement agents posing
365
00:19:01,997 --> 00:19:04,771
as drug dealers of all people.
366
00:19:04,811 --> 00:19:07,123
Mousey's removal was a golden opportunity
367
00:19:07,147 --> 00:19:09,481
for Kris' lawyer, Eric Hendon
368
00:19:09,523 --> 00:19:11,823
to call for a mistrial.
369
00:19:11,859 --> 00:19:14,171
With the new trial,
Hendon would know the prosecution's
370
00:19:14,195 --> 00:19:16,529
arguments ahead of time.
371
00:19:16,572 --> 00:19:18,929
Without a new trial,
the judge replacing Mousey could face
372
00:19:18,953 --> 00:19:21,332
deciding a death sentence
373
00:19:21,368 --> 00:19:23,368
without hearing all the evidence.
374
00:19:26,457 --> 00:19:29,287
"My advice to you is
not to ask for a mistrial."
375
00:19:29,335 --> 00:19:32,455
And he said they would go on with the trial
376
00:19:32,505 --> 00:19:34,272
because he felt he had made some headway
377
00:19:34,296 --> 00:19:36,085
and they had a good jury.
378
00:19:36,134 --> 00:19:37,844
Why would he do this?
379
00:19:37,885 --> 00:19:41,805
Probably, the main motivation
was that he was on a set fee
380
00:19:41,848 --> 00:19:43,720
and you're going to
have to start over and that
381
00:19:43,744 --> 00:19:45,638
cuts into your fee.
382
00:19:45,685 --> 00:19:47,452
Hendon would maintain he'd worked hard
383
00:19:47,476 --> 00:19:49,265
on behalf of his client,
384
00:19:49,313 --> 00:19:52,983
but letting the trial continue
seemed like an unusual choice
385
00:19:53,026 --> 00:19:54,713
and the jury would go on to hear
386
00:19:54,737 --> 00:19:56,446
six days of testimony,
387
00:19:56,487 --> 00:19:59,487
all directed against Kris.
388
00:19:59,532 --> 00:20:03,099
- Neville Butler testified about
the graphic details - of the murders
389
00:20:03,161 --> 00:20:06,121
He said he'd watched Kris commit.
390
00:20:06,164 --> 00:20:08,521
Tino Geddes told
prosecutors Kris had asked him
391
00:20:08,545 --> 00:20:10,924
to fabricate an alibi.
392
00:20:10,960 --> 00:20:13,062
And Detective John
Buhrmaster said Kris had tried to
393
00:20:13,086 --> 00:20:15,210
cover up the crime
394
00:20:15,255 --> 00:20:17,835
during his interrogation.
395
00:20:17,884 --> 00:20:20,821
- When the case was finally turned over
- to the defense, Hendon's judgment would,
396
00:20:20,845 --> 00:20:23,755
Again, come into question.
397
00:20:23,806 --> 00:20:28,636
Eric said to me that if he
didn't call any witnesses,
398
00:20:28,686 --> 00:20:30,623
he would have two shots at the jury
399
00:20:30,647 --> 00:20:32,606
in closing argument.
400
00:20:32,648 --> 00:20:34,938
I said to him,
"But you're not going to do that."
401
00:20:36,569 --> 00:20:38,779
I've got all these witnesses.
402
00:20:38,821 --> 00:20:43,031
"You're not going to do that.",
he didn't answer me.
403
00:20:43,076 --> 00:20:45,573
Eric Hendon's defense case for Kris would
404
00:20:45,597 --> 00:20:48,116
consist of only nine words.
405
00:20:51,751 --> 00:20:54,583
Eric stood up and said, "Your honor,
406
00:20:54,607 --> 00:20:57,461
the defense rests."
407
00:20:57,506 --> 00:21:01,676
Eric didn't call a single witness. Nothing.
408
00:21:03,763 --> 00:21:05,850
I thought Kris was going to rip the skin
409
00:21:05,874 --> 00:21:07,983
off my forearm.
410
00:21:13,106 --> 00:21:16,316
It's not often in a capital case you get
411
00:21:16,358 --> 00:21:19,425
- six alibi witnesses putting your client
- somewhere else.
412
00:21:19,486 --> 00:21:22,816
Why on earth did the
lawyer not put those on?
413
00:21:22,865 --> 00:21:26,445
I have never wanted to
hit another human being,
414
00:21:27,870 --> 00:21:29,830
physically attack
415
00:21:29,872 --> 00:21:32,249
another human being like I did that day
416
00:21:32,273 --> 00:21:34,672
with Eric Hendon.
417
00:21:36,087 --> 00:21:38,457
The jury responded to Hendon's strategy
418
00:21:38,505 --> 00:21:42,585
by returning guilty verdicts
for two first-degree murders.
419
00:21:42,635 --> 00:21:45,505
They would also vote whether
to recommend the death penalty.
420
00:21:45,554 --> 00:21:48,064
And with Florida being
the only remaining state
421
00:21:48,099 --> 00:21:51,099
where a simple majority
is needed in sentencing,
422
00:21:51,144 --> 00:21:56,024
the vote in favor of death
passed by a count of 7 to 5.
423
00:21:56,065 --> 00:21:59,275
The judge who'd replaced Mousey agreed.
424
00:21:59,318 --> 00:22:02,238
Kris would be sentenced
to die in the electric chair.
425
00:22:07,534 --> 00:22:09,414
Kris fainted,
426
00:22:09,453 --> 00:22:11,753
Kris hit the floor,
427
00:22:11,789 --> 00:22:14,039
passed, passed out completely.
428
00:22:42,320 --> 00:22:44,487
When Clive finally got the chance to appeal
429
00:22:44,511 --> 00:22:46,700
Kris' case in 1995,
430
00:22:46,740 --> 00:22:50,330
he immediately set out to
present all the alibi witnesses
431
00:22:50,368 --> 00:22:52,288
who were never called at trial.
432
00:22:52,330 --> 00:22:53,852
Yeah, I talked to the alibi witnesses,
433
00:22:53,876 --> 00:22:55,420
they were very convincing.
434
00:22:55,457 --> 00:22:57,479
And they said, "It's true, Kris was not at
435
00:22:57,503 --> 00:22:59,547
the Dupont Plaza hotel
436
00:22:59,586 --> 00:23:02,216
"at 12:00 noon that day
because he was with us
437
00:23:02,256 --> 00:23:03,626
"out in Ft. Lauderdale."
438
00:23:03,674 --> 00:23:06,304
But Kris' alibis fell on deaf ears
439
00:23:06,344 --> 00:23:09,076
as the courts would only
consider whether Kris had
440
00:23:09,100 --> 00:23:11,854
received a fair trial in 1987.
441
00:23:11,891 --> 00:23:15,328
- It's actually very hard to win a case
on just saying - the facts are wrong.
442
00:23:15,393 --> 00:23:18,210
Mostly,
it's all about what people disparagingly
443
00:23:18,234 --> 00:23:21,073
called legal technicalities.
444
00:23:21,108 --> 00:23:23,278
But Clive did have an opening.
445
00:23:23,319 --> 00:23:26,029
If he could show Kris' attorney,
Eric Hendon,
446
00:23:26,072 --> 00:23:28,622
had been ineffective in representing Kris,
447
00:23:28,657 --> 00:23:30,884
he would open the door to a new trial
448
00:23:30,908 --> 00:23:33,157
and new witnesses.
449
00:23:33,204 --> 00:23:35,601
Ben Kuehne also worked
on Kris' appeals and would
450
00:23:35,625 --> 00:23:38,044
cross-examine Hendon.
451
00:23:38,084 --> 00:23:41,844
Eric Hendon was over his head at that time.
452
00:23:41,879 --> 00:23:45,549
He needed help in a case of this magnitude.
453
00:23:45,591 --> 00:23:48,641
And Kris just suffered the consequences
454
00:23:48,677 --> 00:23:51,387
as a result of his lawyer's errors.
455
00:23:51,429 --> 00:23:53,326
But Hendon needed to admit under oath
456
00:23:53,350 --> 00:23:55,269
that he'd made mistakes.
457
00:23:55,309 --> 00:23:58,496
- And when Ben asked him
why he didn't present - Kris' alibis,
458
00:23:58,562 --> 00:24:00,689
Hendon told the court,
"It appeared to me as if
459
00:24:00,713 --> 00:24:02,862
these were alibi witnesses
460
00:24:02,900 --> 00:24:07,030
who had been sought out,
it seemed all too convenient."
461
00:24:07,071 --> 00:24:10,991
In other words,
Hendon didn't believe any of Kris' alibis.
462
00:24:11,033 --> 00:24:14,123
How is one lawyer going to be the judge
463
00:24:14,161 --> 00:24:16,541
of the credibility of a witness
464
00:24:16,580 --> 00:24:20,670
who could be the key
to a not guilty verdict?
465
00:24:20,709 --> 00:24:23,549
That's not a decision for a lawyer to make.
466
00:24:23,587 --> 00:24:25,707
Not with the stakes this high.
467
00:24:25,756 --> 00:24:27,798
Hendon said he had a strategic reason
468
00:24:27,822 --> 00:24:29,886
for not putting on the alibi.
469
00:24:29,927 --> 00:24:31,967
He thought the alibi was too good.
470
00:24:32,012 --> 00:24:33,562
Now, once a lawyer says that,
471
00:24:33,597 --> 00:24:35,494
then it takes it out of the realm of
472
00:24:35,518 --> 00:24:37,437
the lawyer's ineptitude
473
00:24:37,475 --> 00:24:39,912
- and then becomes a strategic decision
- by the lawyer
474
00:24:39,979 --> 00:24:41,729
That the courts won't second guess.
475
00:24:41,772 --> 00:24:43,354
Ultimately, the court disagreed
476
00:24:43,378 --> 00:24:44,982
with Clive and Ben,
477
00:24:45,025 --> 00:24:46,772
refusing to find that Eric Hendon
478
00:24:46,796 --> 00:24:48,565
had been ineffective.
479
00:24:51,489 --> 00:24:53,869
Clive was still convinced Kris was innocent
480
00:24:53,909 --> 00:24:56,036
and while preparing further appeals,
he came across
481
00:24:56,060 --> 00:24:58,209
the prosecution's files
482
00:24:58,247 --> 00:25:01,877
and discovered evidence
he felt police and prosecutors
483
00:25:01,917 --> 00:25:04,457
apparently did not want Kris to have.
484
00:25:04,502 --> 00:25:07,609
- I start going through it,
and I discovered - that the police knew
485
00:25:07,673 --> 00:25:10,570
- that Kris had lost his gun before
the murders - ever took place,
486
00:25:10,634 --> 00:25:13,514
I discovered that Kris
had actually told them
487
00:25:13,553 --> 00:25:16,273
from the very beginning
he had been in room 1215,
488
00:25:16,307 --> 00:25:18,494
so all those fingerprints,
there was a perfectly
489
00:25:18,518 --> 00:25:20,727
innocent explanation.
490
00:25:20,769 --> 00:25:22,226
Clive had also seen photographs
491
00:25:22,250 --> 00:25:23,729
from the crime scene
492
00:25:23,772 --> 00:25:26,652
of a briefcase belonging to the Moo Youngs.
493
00:25:26,692 --> 00:25:29,379
The contents were something
Ron Petrillo had requested
494
00:25:29,403 --> 00:25:32,112
to see before Kris' trial.
495
00:25:32,156 --> 00:25:34,616
I went into the detective bureau,
496
00:25:34,658 --> 00:25:36,865
Buhrmaster was too busy to see me,
and he sent
497
00:25:36,889 --> 00:25:39,118
the young girl out,
498
00:25:39,163 --> 00:25:41,173
and I opened the briefcase and it's empty.
499
00:25:43,083 --> 00:25:46,633
And I said to her,
"Where are the contents?"
500
00:25:46,670 --> 00:25:48,942
and she said that Detective Buhrmaster
501
00:25:48,966 --> 00:25:51,260
told her to tell me
502
00:25:51,300 --> 00:25:55,720
that he didn't find anything
of any evidentiary value
503
00:25:56,889 --> 00:26:01,389
and returned the contents to the family.
504
00:26:01,435 --> 00:26:03,327
Buhrmaster had said they had gotten rid of
505
00:26:03,351 --> 00:26:05,265
the Moo Youngs' briefcase.
506
00:26:05,314 --> 00:26:07,274
That wasn't true.
507
00:26:07,316 --> 00:26:11,083
- Here, in the file were hundreds of
pages of notes - of the Moo Youngs.
508
00:26:11,153 --> 00:26:12,740
There's all sorts of intriguing stuff,
509
00:26:12,764 --> 00:26:14,373
it's like Christmas, really.
510
00:26:14,407 --> 00:26:16,489
Far from being the, sort of,
innocent people making
511
00:26:16,513 --> 00:26:18,617
$24,000 a year
512
00:26:18,660 --> 00:26:20,450
that they were portrayed at trial,
513
00:26:20,496 --> 00:26:22,243
the Moo Youngs, they were offering
514
00:26:22,267 --> 00:26:24,036
loans around the Caribbean
515
00:26:24,083 --> 00:26:26,565
to the tune of first $100 million,
516
00:26:26,589 --> 00:26:29,093
then $250 million.
517
00:26:29,129 --> 00:26:31,089
This is just extraordinary stuff.
518
00:26:31,131 --> 00:26:34,028
- They didn't have a pot to
piss in or a windo - to throw it out.
519
00:26:34,093 --> 00:26:37,603
Where were they coming
up with $100 million?
520
00:26:37,637 --> 00:26:39,239
Shortly before their deaths, Derrick
521
00:26:39,263 --> 00:26:40,887
and Duane Moo Young
522
00:26:40,933 --> 00:26:42,915
also took out over a million dollars worth
523
00:26:42,939 --> 00:26:44,943
of life insurance.
524
00:26:44,978 --> 00:26:46,830
The company that issued those policies
525
00:26:46,854 --> 00:26:48,728
found the timing suspicious
526
00:26:48,774 --> 00:26:51,194
and hired an attorney to investigate.
527
00:26:51,235 --> 00:26:53,317
Theoretically,
the Moo Youngs were engaged in
528
00:26:53,341 --> 00:26:55,445
import-export business.
529
00:26:55,489 --> 00:26:58,156
But the Moo Youngs'
headquarters which consisted
530
00:26:58,180 --> 00:27:00,869
of a garage at the family home
531
00:27:00,911 --> 00:27:03,598
only had left an old telex machine,
and no documents
532
00:27:03,622 --> 00:27:06,331
whatsoever.
533
00:27:06,375 --> 00:27:08,955
The more we learned about it,
it seemed that they were
534
00:27:09,002 --> 00:27:11,609
either selling fictitious
goods entirely or they were
535
00:27:11,633 --> 00:27:14,262
laundering the money.
536
00:27:14,300 --> 00:27:15,927
But if the Moo Youngs were
537
00:27:15,951 --> 00:27:17,600
involved in money laundering,
538
00:27:17,635 --> 00:27:19,925
whose money were they laundering?
539
00:27:19,972 --> 00:27:22,119
Those kinds of dollars
and narcotics often go
540
00:27:22,143 --> 00:27:24,312
hand in hand in Miami,
541
00:27:24,351 --> 00:27:27,191
particularly in the 1980s,
I think that's fair to say.
542
00:27:27,229 --> 00:27:30,019
This was Miami in the '80s.
543
00:27:30,065 --> 00:27:31,895
Do you know, I didn't really get that.
544
00:27:31,942 --> 00:27:35,032
I didn't really understand
Miami in the '80s.
545
00:27:35,070 --> 00:27:37,110
Say hello to my little friend!
546
00:27:39,283 --> 00:27:41,265
Federal agents have seized 25,000 pounds
547
00:27:41,289 --> 00:27:43,293
of cocaine.
548
00:27:43,329 --> 00:27:45,706
In the early 1980s the
Moo Youngs were operating
549
00:27:45,730 --> 00:27:48,129
in a city where drug smuggling
was bringing in an estimated
550
00:27:48,167 --> 00:27:52,957
7 to 12 billion dollars a year.
551
00:27:53,005 --> 00:27:56,005
The banks in Miami had more money
552
00:27:56,049 --> 00:27:58,839
than all the other banks
in the country put together.
553
00:27:58,885 --> 00:28:01,152
People were walking in and buying Mercedes
554
00:28:01,176 --> 00:28:03,465
and Porsches for cash.
555
00:28:03,516 --> 00:28:05,303
Miami could be described as the overseas
556
00:28:05,327 --> 00:28:07,136
corporate headquarters
557
00:28:07,186 --> 00:28:09,306
for money laundering for the Colombians.
558
00:28:10,648 --> 00:28:12,768
With so much drug money at stake
559
00:28:12,816 --> 00:28:15,233
cartel violence ballooned into
what would become known as
560
00:28:15,257 --> 00:28:17,696
the cocaine wars.
561
00:28:17,737 --> 00:28:20,407
And law enforcement
was quickly overwhelmed.
562
00:28:21,867 --> 00:28:24,657
We had bank robberies,
kidnapping, extortion.
563
00:28:24,702 --> 00:28:26,494
One of the guys shot
me through the fingers,
564
00:28:26,518 --> 00:28:28,332
in the back of the arm.
565
00:28:28,374 --> 00:28:32,151
- He was standing between my legs, I went
to kick him - and he shot me in the groin.
566
00:28:32,211 --> 00:28:34,211
I figured he was going to kill me.
567
00:28:34,254 --> 00:28:36,006
These drug dealers were the most violent,
568
00:28:36,030 --> 00:28:37,804
desperate criminals
569
00:28:37,841 --> 00:28:39,891
that we ever had in South Florida.
570
00:28:41,720 --> 00:28:43,470
They'd see a pretty girl in a car,
571
00:28:43,514 --> 00:28:46,121
- and they would rape and kill the girl
- and keep the car.
572
00:28:46,183 --> 00:28:49,773
In 1980, Miami's homicide rate doubled
573
00:28:49,811 --> 00:28:51,561
turning the city of sun and beaches
574
00:28:51,605 --> 00:28:53,685
into the murder capital of the nation.
575
00:28:53,732 --> 00:28:55,464
There have been so many murders throughout
576
00:28:55,488 --> 00:28:57,242
greater Miami lately
577
00:28:57,277 --> 00:29:01,134
- that a special refrigerated truck is
now being used - to store all the bodies.
578
00:29:01,198 --> 00:29:04,198
It turned out that it
was a refrigerated truck
579
00:29:04,243 --> 00:29:07,480
- that they had rented from Burger
King to hold - the overflow of bodies.
580
00:29:11,958 --> 00:29:14,105
Clive was beginning to see the frame around
581
00:29:14,129 --> 00:29:16,298
the picture of the murders.
582
00:29:16,338 --> 00:29:19,565
- And he now wondered whether the
Moo Youngs - had found themselves
583
00:29:19,633 --> 00:29:24,103
Caught in crosshairs of
Miami's cartel violence.
584
00:29:24,137 --> 00:29:27,404
- Clive felt the road map to
Miami in the '80s - could be found
585
00:29:27,474 --> 00:29:29,444
In the Moo Youngs' briefcase.
586
00:29:29,476 --> 00:29:31,913
We'd figured out that the
Moo Youngs were laundering
587
00:29:31,937 --> 00:29:34,396
money for the cartels.
588
00:29:34,440 --> 00:29:37,610
They got greedy,
and they'd come up with this great plan
589
00:29:37,651 --> 00:29:40,611
that they're going to skim
one percent of the money.
590
00:29:40,654 --> 00:29:45,034
So, if you're ripping off
the Colombian drug cartels,
591
00:29:45,075 --> 00:29:46,407
that's a slightly stronger motive
592
00:29:46,431 --> 00:29:47,785
for you getting killed
593
00:29:47,827 --> 00:29:49,907
than what was going on with Kris.
594
00:29:49,955 --> 00:29:51,915
It totally re-framed the case.
595
00:29:51,957 --> 00:29:55,457
Now, we have a huge alternative suspect.
596
00:29:55,502 --> 00:29:56,899
A suspect that happened to be
597
00:29:56,923 --> 00:29:58,342
staying in the room
598
00:29:58,380 --> 00:30:01,010
directly across the hall from the murders.
599
00:30:07,765 --> 00:30:10,385
Clive Stafford Smith had uncovered evidence
600
00:30:10,434 --> 00:30:12,894
suggesting that before the
Moo Youngs were murdered
601
00:30:12,936 --> 00:30:14,893
they may have been stealing money from
602
00:30:14,917 --> 00:30:16,896
a Colombian drug cartel
603
00:30:16,940 --> 00:30:19,377
and a photo Ron Portillo
had seen from the crime scene
604
00:30:19,401 --> 00:30:21,860
would buttress Clive's theory.
605
00:30:21,903 --> 00:30:23,993
When you look at the crime scene photos,
606
00:30:24,030 --> 00:30:26,870
there were blood drops in the hall
607
00:30:26,908 --> 00:30:31,618
and there was blood smear
on the door frame of 1214.
608
00:30:31,664 --> 00:30:35,044
It begs the question, "Who was in 1214?"
609
00:30:35,083 --> 00:30:37,633
Did you ultimately find out who it was?
610
00:30:37,670 --> 00:30:42,920
Oh, yeah, I wound up bribing an employee,
611
00:30:42,966 --> 00:30:46,136
and found out it was a guy named Mejia.
612
00:30:46,178 --> 00:30:48,008
Jaime Vallejo Mejia
613
00:30:48,054 --> 00:30:49,746
told police he was an importer-exporter
614
00:30:49,770 --> 00:30:51,484
from Colombia.
615
00:30:51,517 --> 00:30:55,744
- But the truth was Mejia would soon be busted
by the Drug - Enforcement Administration
616
00:30:55,813 --> 00:30:57,443
For money laundering.
617
00:30:57,481 --> 00:30:59,898
Detective Buhrmaster said,
"I chatted with him
618
00:30:59,922 --> 00:31:02,361
for a few minutes,
619
00:31:02,402 --> 00:31:04,714
"standing in the hallway,
and he didn't seem to
620
00:31:04,738 --> 00:31:07,072
know anything."
621
00:31:07,115 --> 00:31:09,507
This is the only other guy who's there,
the only other room
622
00:31:09,531 --> 00:31:11,945
occupied on the twelfth floor.
623
00:31:11,995 --> 00:31:14,327
We discover that Mejia
was wanted at the time
624
00:31:14,351 --> 00:31:16,705
of Kris' trial
625
00:31:16,750 --> 00:31:19,607
for conspiracy to take $14 million in cash
626
00:31:19,631 --> 00:31:22,510
in a suitcase to Switzerland.
627
00:31:22,548 --> 00:31:24,820
Former DEA agent, Dave Lorino had his own
628
00:31:24,844 --> 00:31:27,138
opinion about Mejia.
629
00:31:27,177 --> 00:31:30,864
- Jaime Mejia was involved in
the money laundering - business.
630
00:31:30,930 --> 00:31:33,600
Not only was he working
for Escobar at the time,
631
00:31:33,642 --> 00:31:35,809
but there was some money
being done for the Ochoa
632
00:31:35,833 --> 00:31:38,022
organization as well.
633
00:31:38,063 --> 00:31:41,193
Jaime told the police that he
ran an import-export company
634
00:31:41,233 --> 00:31:45,283
and worked for U.S. insurance companies.
635
00:31:45,320 --> 00:31:49,597
- That doesn't make any sense. People who sell
insurance don't - run an import-export business.
636
00:31:49,658 --> 00:31:52,555
- And why was the blood on his
door if everything - that happened
637
00:31:52,619 --> 00:31:54,329
Happened across the hall?
638
00:31:54,371 --> 00:31:56,421
It doesn't add up.
639
00:31:56,456 --> 00:32:00,853
- There were a series of questions that
should've been asked of him - that weren't asked.
640
00:32:00,919 --> 00:32:03,086
Officers took a brief statement from
641
00:32:03,110 --> 00:32:05,299
Jaime Mejia and let him go.
642
00:32:08,510 --> 00:32:10,930
Would the jury at Kris' trial have found
643
00:32:10,970 --> 00:32:12,930
an alternate explanation for the murders
644
00:32:12,972 --> 00:32:15,244
if they had seen evidence
about the Moo Youngs
645
00:32:15,268 --> 00:32:17,562
and Jaime Mejia?
646
00:32:17,603 --> 00:32:22,300
- While preparing Kris' appeals, Clive pieced
together his own - theory of the scheme
647
00:32:22,357 --> 00:32:23,817
That played out that day.
648
00:32:23,859 --> 00:32:26,836
- And what happened was this in my mind,
- the Moo Youngs
649
00:32:26,904 --> 00:32:29,534
Were laundering money for the cartels,
650
00:32:29,573 --> 00:32:32,283
they started skimming money off the top,
651
00:32:32,325 --> 00:32:34,285
they then got in trouble.
652
00:32:34,327 --> 00:32:36,699
They were set up so that they would meet in
653
00:32:36,723 --> 00:32:39,117
the Dupont Plaza Hotel
654
00:32:39,165 --> 00:32:40,995
and Kris was meant to be there, too.
655
00:32:41,042 --> 00:32:43,092
All three of them were meant to die.
656
00:32:43,128 --> 00:32:45,378
It was then going to be
left as a murder-suicide
657
00:32:45,422 --> 00:32:48,632
where you've got the
two guys you dislike killed
658
00:32:48,675 --> 00:32:51,085
and you've got someone
else fingered for it.
659
00:32:51,136 --> 00:32:53,466
Clearly, Neville Butler was there.
660
00:32:53,513 --> 00:32:57,273
Somehow, Jaime Vallejo Mejia
must have been supervising it.
661
00:33:01,229 --> 00:33:03,916
- But the courts weren't the least bit
- interested
662
00:33:04,023 --> 00:33:07,903
In Clive's theoretical suspects
or the evidence he'd uncovered.
663
00:33:07,945 --> 00:33:10,025
Innocence wasn't the issue.
664
00:33:10,071 --> 00:33:12,343
One of the bizarre things
that I think most Americans
665
00:33:12,367 --> 00:33:14,661
have no idea about
666
00:33:14,701 --> 00:33:18,661
is that whether you are
innocent or not is not a legal issue.
667
00:33:18,705 --> 00:33:22,352
- You go into a federal court on a habeas
petition and say, - "My guy's innocent."
668
00:33:22,417 --> 00:33:25,224
- They say, "Too bad, mate,
that's got nothing - to do with it."
669
00:33:25,295 --> 00:33:28,045
And the judge actually
said that in Kris' case.
670
00:33:28,089 --> 00:33:31,656
- But Clive did manage to introduce
a document - into the proceedings
671
00:33:31,718 --> 00:33:33,758
That the courts could not ignore.
672
00:33:33,804 --> 00:33:36,184
A document showing Kris' death sentence
673
00:33:36,222 --> 00:33:39,482
had been written by
someone other than Kris' judge.
674
00:33:39,518 --> 00:33:41,978
I had seen a certain
amount of judicial corruption,
675
00:33:42,020 --> 00:33:45,497
- and I find in the prosecution files,
orders sentencing - Kris to death
676
00:33:45,565 --> 00:33:49,645
That were dated 13 days
before the sentencing hearing.
677
00:33:49,695 --> 00:33:51,232
They were written by the prosecutor,
678
00:33:51,256 --> 00:33:52,815
because it said JSK
679
00:33:52,865 --> 00:33:55,325
and that's obviously John Kastranakes.
680
00:33:55,367 --> 00:33:57,639
In allowing prosecutor John Kastrenakes
681
00:33:57,663 --> 00:33:59,957
to write Kris' death sentence,
682
00:33:59,997 --> 00:34:02,369
the Judge who replaced
Mousey had apparently decided to
683
00:34:02,393 --> 00:34:04,787
impose the death penalty
684
00:34:04,835 --> 00:34:07,292
before hearing Kris' character witnesses at
685
00:34:07,316 --> 00:34:09,795
the sentencing phase of trial.
686
00:34:09,840 --> 00:34:12,010
The judge asks the prosecutor,
687
00:34:12,050 --> 00:34:14,882
"Would you prepare a
proposed sentencing order
688
00:34:14,906 --> 00:34:17,760
imposing the death penalty?
689
00:34:17,806 --> 00:34:21,476
"before the sentencing had been completed?"
690
00:34:21,518 --> 00:34:26,478
Anybody in the world would say,
"What? That's not allowed."
691
00:34:26,523 --> 00:34:28,295
The evidence was enough to vacate
692
00:34:28,319 --> 00:34:30,113
Kris' death sentence.
693
00:34:30,151 --> 00:34:33,451
He would no longer be scheduled
to die in the electric chair.
694
00:34:33,488 --> 00:34:35,658
But Kris was far from a free man.
695
00:34:42,330 --> 00:34:44,182
Clive and Ben would now argue for a more
696
00:34:44,206 --> 00:34:46,080
lenient sentence for Kris
697
00:34:46,125 --> 00:34:48,417
in front of a judge and
jury who could once again
698
00:34:48,441 --> 00:34:50,755
sentence Kris to death.
699
00:34:50,797 --> 00:34:53,257
This was not a trial
about innocence or guilt,
700
00:34:53,299 --> 00:34:57,679
only the proper punishment
and Kris' wife would look on.
701
00:34:57,721 --> 00:34:59,553
At the hearing,
the state brought back Kris'
702
00:34:59,577 --> 00:35:01,431
familiar detractors,
703
00:35:01,474 --> 00:35:04,394
Detective John Buhrmaster
and Neville Butler
704
00:35:04,436 --> 00:35:06,976
who reconfirmed their original testimony.
705
00:35:07,022 --> 00:35:09,192
What did you observe about him?
706
00:35:09,232 --> 00:35:13,322
That he had a gun in one hand,
and a pillow in the other hand.
707
00:35:13,361 --> 00:35:17,633
- The jury was not allowed to hear any of the new -
evidence Clive had discovered. But they did the listen to
708
00:35:17,657 --> 00:35:21,907
24 character witnesses in support of Kris,
709
00:35:21,954 --> 00:35:23,936
including Peter Bottomley,
Kris' friend from
710
00:35:23,960 --> 00:35:25,964
the British parliament
711
00:35:25,999 --> 00:35:27,999
who testified via satellite.
712
00:35:28,043 --> 00:35:30,503
I like him, and I respect him.
713
00:35:30,545 --> 00:35:32,897
I find him the kind of
person who I'm pleased to be
714
00:35:32,921 --> 00:35:35,295
associated with.
715
00:35:35,341 --> 00:35:36,883
Finally, after seven days of
716
00:35:36,907 --> 00:35:38,471
emotional testimony,
717
00:35:38,511 --> 00:35:42,448
- the jury would hand down a new
sentencing recommendation - for Kris.
718
00:35:42,515 --> 00:35:45,222
The jury advises and recommends
to the court that it impose
719
00:35:45,246 --> 00:35:47,975
a sentence of life imprisonment
720
00:35:48,021 --> 00:35:50,168
without the possibility of parole for
721
00:35:50,192 --> 00:35:52,361
the first 25 years.
722
00:35:52,400 --> 00:35:54,530
The judge imposed a life sentence.
723
00:35:54,569 --> 00:35:56,449
That saved Kris' life.
724
00:35:58,406 --> 00:35:59,738
That, just meant he wasn't on
725
00:35:59,762 --> 00:36:01,116
death row any more.
726
00:36:01,159 --> 00:36:02,739
He's still going to die in prison.
727
00:36:10,043 --> 00:36:12,065
Kris' appeals had gone
through the Florida courts
728
00:36:12,089 --> 00:36:14,133
and the federal level
729
00:36:14,172 --> 00:36:17,342
without so much as a
hearing about his innocence.
730
00:36:17,383 --> 00:36:19,263
So the question remained,
731
00:36:19,302 --> 00:36:21,554
"Why was there so much evidence that Kris
732
00:36:21,578 --> 00:36:23,852
did not commit murders?"
733
00:36:23,890 --> 00:36:25,537
As it turned out, one man had
734
00:36:25,561 --> 00:36:27,230
an answer to that question,
735
00:36:27,268 --> 00:36:29,580
a cop, who said he was
there the day of the murders
736
00:36:29,604 --> 00:36:31,938
and knew all about them
737
00:36:31,982 --> 00:36:33,902
because he helped cover them up.
738
00:36:40,532 --> 00:36:43,202
Investigations will continue
in what is shaping up to be
739
00:36:43,242 --> 00:36:45,224
the biggest police corruption scandal
740
00:36:45,248 --> 00:36:47,252
in Miami's history.
741
00:36:47,288 --> 00:36:49,475
While Miami police were
battling a crime wave
742
00:36:49,499 --> 00:36:51,708
in the early 1980s,
743
00:36:51,751 --> 00:36:54,671
a new enemy suddenly emerged.
744
00:36:54,713 --> 00:36:56,883
Corruption within the ranks.
745
00:36:56,923 --> 00:36:58,840
Particularly, in the early '80s,
746
00:36:58,864 --> 00:37:00,803
Miami police rushed out
747
00:37:00,844 --> 00:37:02,656
and made a lot of hirings without bothering
748
00:37:02,680 --> 00:37:04,514
to look too deeply
749
00:37:04,556 --> 00:37:06,596
at the peoples' backgrounds.
750
00:37:06,641 --> 00:37:08,623
Already, 11 officers have been arrested
751
00:37:08,647 --> 00:37:10,651
or relieved of duty this year.
752
00:37:10,687 --> 00:37:14,067
They put in additional
background investigators.
753
00:37:14,107 --> 00:37:16,987
And some of those people
were tied into the drug dealers.
754
00:37:17,027 --> 00:37:19,777
The latest allegations go
beyond cocaine and cops
755
00:37:19,821 --> 00:37:21,951
to charges now of first-degree murder.
756
00:37:21,990 --> 00:37:24,910
We can just say that we are
trying to clean our own house.
757
00:37:24,951 --> 00:37:27,263
Everybody that you thought you could trust,
you couldn't
758
00:37:27,287 --> 00:37:29,621
trust any more in Miami.
759
00:37:35,712 --> 00:37:37,484
As it turned out, one police officer
760
00:37:37,508 --> 00:37:39,302
jailed for corruption
761
00:37:39,340 --> 00:37:41,010
would hear about Kris' case
762
00:37:41,051 --> 00:37:43,133
and tell Clive he knew what happened
763
00:37:43,157 --> 00:37:45,261
because he was there.
764
00:37:45,304 --> 00:37:46,846
I had started courting, that's probably
765
00:37:46,870 --> 00:37:48,434
the only word for it
766
00:37:48,474 --> 00:37:50,186
a witness who was within the police
767
00:37:50,210 --> 00:37:51,944
who could tell the truth.
768
00:37:51,978 --> 00:37:53,955
And this officer told me that the police
769
00:37:53,979 --> 00:37:55,978
back in the 1980s
770
00:37:56,024 --> 00:38:00,074
had a deal with the drug
dealers where they would
771
00:38:00,112 --> 00:38:04,099
- protect the murderers who were going
around killing people - in these drug cases.
772
00:38:04,157 --> 00:38:07,464
- They would frame someone else
for the crime - if anyone got onto it.
773
00:38:07,535 --> 00:38:09,995
This officer told me, "Yeah,
yeah, Kris was framed.
774
00:38:10,038 --> 00:38:12,038
"It was my former partner who did it,
775
00:38:12,082 --> 00:38:13,922
"and he told me he'd done it."
776
00:38:13,959 --> 00:38:15,456
It took Clive a full year to convince
777
00:38:15,480 --> 00:38:16,999
the former cop,
778
00:38:17,045 --> 00:38:20,005
who asked to be called Fred,
to go on the record,
779
00:38:20,048 --> 00:38:22,965
and in a sworn statement,
Fred declared, "I was formerly
780
00:38:22,989 --> 00:38:25,928
a police officer in Miami.
781
00:38:25,971 --> 00:38:30,078
- I was persuaded by another prisoner
to tell what I know - about Kris Maharaj
782
00:38:30,142 --> 00:38:32,892
To his lawyer, Clive Stafford Smith.
783
00:38:32,936 --> 00:38:35,976
I do not expect to benefit from doing this.
784
00:38:36,022 --> 00:38:38,902
I know the particulars of the Maharaj case.
785
00:38:38,942 --> 00:38:42,952
Indeed, I visited the scene of
the crime when it happened.
786
00:38:42,988 --> 00:38:45,445
I know that Mr. Maharaj
was framed because officers
787
00:38:45,469 --> 00:38:47,948
investigating the double murder
788
00:38:47,993 --> 00:38:51,753
told me flat out they
were going to do this.
789
00:38:51,788 --> 00:38:54,415
I have a moral duty to help
free a man who had been framed
790
00:38:54,439 --> 00:38:57,088
and imprisoned for 26 years
791
00:38:57,127 --> 00:39:00,757
and spent many of those years on death row.
792
00:39:00,797 --> 00:39:03,677
He could have be executed
or something he did not do."
793
00:39:12,851 --> 00:39:16,651
While Fred may believe the
cops in Kris' case were on the take,
794
00:39:16,688 --> 00:39:19,188
he has never identified
the individuals involved.
795
00:39:19,232 --> 00:39:21,879
No evidence has ever
been presented in court
796
00:39:21,903 --> 00:39:24,572
to substantiate his claim.
797
00:39:24,612 --> 00:39:26,529
But, recently,
some of Clive's suspicions about
798
00:39:26,553 --> 00:39:28,492
who killed the Moo Youngs
799
00:39:28,533 --> 00:39:32,180
- were confirmed when he sent someone
to Colombia - to speak with the man
800
00:39:32,245 --> 00:39:33,907
Who had been in the room across the hall
801
00:39:33,931 --> 00:39:35,615
from the murders.
802
00:39:35,665 --> 00:39:37,557
Jaime Vallejo Mejia was flanked by
803
00:39:37,581 --> 00:39:39,495
four men with guns
804
00:39:39,544 --> 00:39:42,214
when he confirmed the
Moo Youngs had run afoul
805
00:39:42,255 --> 00:39:44,482
of Pablo Escobar's drug smuggling operation
806
00:39:44,506 --> 00:39:46,755
in the 1980s,
807
00:39:46,801 --> 00:39:48,613
and that he had said the Moo Youngs
808
00:39:48,637 --> 00:39:50,471
had to be dealt with.
809
00:40:00,065 --> 00:40:03,145
I visit Kris every week.
810
00:40:04,443 --> 00:40:07,323
I don't tell people about Kris' case.
811
00:40:07,364 --> 00:40:09,866
I don't discuss Kris'
case because if I tell them,
812
00:40:09,890 --> 00:40:12,414
they will think I'm crazy.
813
00:40:14,746 --> 00:40:18,826
He's not losing his hopes,
and, you know, that's good.
814
00:40:25,173 --> 00:40:28,223
She is a blessing sent by God.
815
00:40:41,273 --> 00:40:43,653
You cannot have a better husband.
816
00:40:43,691 --> 00:40:45,941
Even now, that he's in prison
817
00:40:45,985 --> 00:40:48,405
there's nothing he really can do for me.
818
00:40:48,446 --> 00:40:50,486
But he has a lot of hope.
819
00:40:53,993 --> 00:40:55,975
In 2008, Clive and Ben Kuehne submitted
820
00:40:55,999 --> 00:40:58,003
a clemency appeal
821
00:40:58,039 --> 00:40:59,869
to the governor of Florida
822
00:40:59,916 --> 00:41:03,143
- documenting the actions of
police and prosecutors - in the case
823
00:41:03,211 --> 00:41:05,631
And presenting the new
evidence they had found.
824
00:41:05,671 --> 00:41:10,318
- And there was a very strong case for clemency, I
mean, Kris had - been in prison for over 20 years
825
00:41:10,385 --> 00:41:12,425
Which is a long time to serve for anything.
826
00:41:12,971 --> 00:41:14,181
I bet.
827
00:41:14,222 --> 00:41:17,272
The victims' family showed up en masse.
828
00:41:17,309 --> 00:41:20,206
- And it was Charlie Crist who
was the governor - at the time,
829
00:41:20,270 --> 00:41:22,480
And he instantly denied clemency.
830
00:41:26,818 --> 00:41:29,028
By now, Kris is 70 years old.
831
00:41:29,070 --> 00:41:30,967
He's in bad health, his poor wife Marita
832
00:41:30,991 --> 00:41:32,910
has stuck by him.
833
00:41:32,949 --> 00:41:36,039
I've been representing
Kris now for 18 years.
834
00:41:36,077 --> 00:41:39,327
And I've failed to get him justice.
835
00:41:39,372 --> 00:41:41,809
The most culpable
character in Kris' scenario
836
00:41:41,833 --> 00:41:44,292
is the justice system.
837
00:41:44,336 --> 00:41:47,706
Because it's just not
interested in justice.
838
00:41:47,755 --> 00:41:51,795
As we develop more and
more evidence to prove that,
839
00:41:51,843 --> 00:41:54,393
a, he's innocent and,
b, had an unfair trial,
69562
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