Latest / Gone Cold - Texas True Crime / The Murder of Mickey Bryan Part 4: Joe Takes the Stand

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The Murder of Mickey Bryan Part 4: Joe Takes the Stand · Gone Cold - Texas True Crime

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The Gone Cold. Podcasts may contain violent or graphics subject matter. Listener discretion
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is advised. It wasn't only Charlie Blue and Bud Saunders Late Night Country Drive
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on which prosecutors depended in the state of Texas versus Joe Dalebrien. According to
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the case built by Texas Ranger Joe Wilie, District Attorney Andy McMullen, and
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Special Prosecutor Gary Llewellen, there was also Joe's theorized drive. It goes something
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like this. At approximately nine to fifteen pm on October fourteenth, nineteen eighty
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five, Joe and the victim, his wife, Mickey Brian, got off
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the phone after talking for several minutes. Joe then left the High Regency in
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Austin, where he was stayed while in town for the annual meeting of the
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Texas Association of Secondary School Principles. He was to return home the following day,
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but instead of rolling over and going to sleep, authorities speculated Joe began
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the perpetration of a crime he'd been meticulously planning for some time. He climbed
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in his nineteen eighty four black Mercury Grand Marquis and headed to his and Mickey's
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house in Clifton, Texas a trip Clifton Police Sergeant Chuck Ford testified to clocking
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as either a two hour thirty three minute drive or a two hour twenty six
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minute drive, depending on the route. Either way, Joe just so happened
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to arrive not long after, or perhaps just before, a telephone call between
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Mickey and her mother ended, managing not to be seen by a soul.
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Both himself and his vehicle parked somewhere near his home on the nine hundred block
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of South Avenue O in Clifton, and entered, using a flashlight to blind
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Mickey of his identity. Joe got in close proximity to his wife and shot
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her four times, once in the left side of her face, from a
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distance of about six inches. They'd have you believe he moved to a different
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position each shot. He then turned on the ceiling fan, which, like
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nearly the entirety of the room, had been spattered with small spots of blood.
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The implication here was that the fan was turned on to dry the blood
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faster and obscure the time of death. In the master bathroom, Joe then
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cleaned off the massive amount of blood. Investigators insisted he'd have had to be
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covered with After he shot, Mickey wiped it down and changed clothes and shoes.
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As there was no blood tracked around the Brian home, but not before
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discarding his underwear, which he'd for some reason ejaculated in the state maintained this
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extremely intelligent shrewd man, as Special Prosecutor Llewellyn referred to Joe had made his
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first supposed mistake. It wasn't the last. Next, Joe returned to his
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car with a few valuables he'd taken from the scene. He then put those,
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the flashlight, gloves, his bloodied presumably theorized bagged clothes, and the
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murder weapon in the trunk. On the way back to Austin, Joe ditched
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the valuables, the clothing, and the murder weapon somewhere, leaving behind.
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The prosecution argued the flashlight spattered with apparent blood. He was back at the
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Hyatt Regency Hotel by sun up, bright eyed and bushy tailed. Technically it
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was possible for someone to have done this, but there were issues with Joe
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making this trip, of which the drives to and from In themselves would have
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taken about five hours. Considering the downpour and thunderstorms. Joe would had to
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have driven through that night. It would most likely take longer. Joe would
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have undeniably driven the entire way to Clifton in relatively heavy rain, and then
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in heavy fog the entire way back to Austin. Add to that the man's
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eye condition, which made it difficult for him to see at night, and
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you'd need to add considerably more time. The cleanup of the master bedroom was
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done so well investigators could not find evidence it had been done. It's not
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an easy thing to put a specific amount of time to, but presumably that
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and changing clothes would have taken a decent amount of time. Joe would have
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surely left evidence he'd been in his car during the thunderstorms, if not mud,
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perhaps wet leaves, which would have been very present at every turn in
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a Texas October. But the Mercury was clean scrupulously so the man who drove
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it to Waco from Austin testified, the man to whom Joe handed over his
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keys without hesitation. Did Joe Brian also have time to clean the car,
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leaving behind much more invaluables than what he took. Was not a very smart
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thing to do while staging a burglary, especially for a man who prosecutors would
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have you believe was basically a super criminal, capable of a meticulously executed act
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of violence while pooling literally everyone he'd ever met. Then taking up more time,
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he ditched those his blome clothing and the murder weapon, which would presumably
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have been with the flashlight spattered with apparent blood, though he neglected to dispose
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of that last thing on the list, all without leaving a trace of blood
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in his car or trunk's interior that Texas Department of Public Safety crime scene technicians
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could find. While a few things might have justifiably given jurors pause during the
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state's presentation of the case, there was no hard evidence introduced, though possible.
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The prosecution's timeline of the murder and events surrounding it was sketchy at best,
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but Special Prosecutor Gary Llewellyn was saving his special talents for his cross examination
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of the defendant in a trial, particularly a murder trial. Perhaps the defendant
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taking this stand is rarely a good idea. It was a mixed bag in
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the State of Texas versus Joe Brian in nineteen eighty six, but ultimately would
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not prove to be the exception to the rule. Joe's attorney, Charles MacDonald,
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started out strong without a doubt, stating right off the bat that although
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it was not the defense's obligation to introduce evidence, he intended to do just
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that. Joe Brian himself was their first witness. He described Mickey the victim
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and his marriage his close friendship with her. The prosecution could find no one
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to dispute their seemingly ideal union. In fact, they had normal disagreements.
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Joe testified over stuff like spending practices. Mickey, he said, was quite
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frugal, suggesting that he wasn't extremely so. Such testimony didn't last too long.
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It was obvious McDonald was ready to get down to business. The narrative
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that Joe Brian was secretly a gay man and looking to get Mickey out of
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the way so he could live as one was created by law enforcement using his
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gentle personality, lack of socially constructed masculine hobbies and habits, and at Chippendale's
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Hunk of the month calendar found in the trunk of his car during the execution
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of a search warrant, Joe testified that the calendar was a gag gift for
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a friend of he and Mickey's who was widowed. Later, an employee of
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the Waco department store Joe remembered buying the calendar from testified her store never carried
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the item. It seemed like a strange exertion of the prosecution's energy to call
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such a witness, since just about anyone in the world might forget where they
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bought an item, especially if they'd visited several stores the same day or sin.
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But in the mid nineteen eighties, while AIDS was still perceived as a
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gay man's disease, accusations of being a gay man didn't exactly get you a
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fair shake in smalltown Texas. And there's absolutely no doubt prosecutors and police had
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used it against Joe With that in mind, they were dead set on keeping
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that narrative, and it worked in more than one way. After all,
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if he were capable of hiding such a secret, one da Andy McMullen suggested
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was perverted behavior than the people of Clifton really didn't know Joe Brian at all.
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The insinuation, of course, was that he was also capable of murdering
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his wife. Defense attorney Charles McDonald moved on without much concentration on the Chippendale's
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calendar. Joe testified that he and Mickey always kept the garage doors open,
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a claim that could have been easily contradicted by a neighbor, but it was
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not contradicted in court. The couple had never received any threats or worrisome phone
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calls. The defendant testified, just crank calls every now and then, a
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popular pastime of kids of the day. He didn't know of anyone who would
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want to murder Mickey. The prosecution's case depended on a tight theory, pure
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speculation that Mickey's killer showered in the master bathroom or cleaned themselves up in the
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sink. The shower, however, leaked on the floor and had not been
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in use. Policemen and the pathologist who performed the autopsy had testified that the
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killer would have been covered in blood, a statement that seems to suggest cleaning
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up in the sink would have been difficult and almost certainly leave evidence that it
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happened, but there was no evidence of such. Before leaving for Austin,
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Joe testified he filled up the tank of his nineteen eighty four Mercury and had
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purchased no gas after the state could provide no evidence of transactions the night Mickey
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was killed that showed Joe had purchased gas, Defense introduced such records into evidence,
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as well as trip odometer readings that showed Joe didn't make the trip.
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Later, during closing arguments, D A. McMullen called the odometer readings just
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an effort to create a story for him. As far as the flashlight,
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Joe told the court it was in his master bedroom on a dresser or nightstand
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and not in the trunk of his Mercury when he left to attend the conference
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in Austin. He had no idea, Joe said how it ended up in
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his car. The three fifty seven Smith and Wesson revolver, loaded with shotshell
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rounds, sat on top of his nightstand when he left. Joe had no
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idea, He said where it was now without coming right out and saying it.
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Joe's testimony suggested both the flashlight and money were placed in the trunk of
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his car sometime during the five days he was without it from the moment he
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was told of Mickey's murder. In Austin to his brother in law, Charlie
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Blue, returning it after a warrant was executed. On the twentieth, during
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the prosecution's witness testimony, McDonald had cross examined Charlie Blue hard, perhaps proving
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to be his most effective counter in the trial. The entirety of the States
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case revolved around the discovery of the flashlight. In other words, the credibility
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of the victim's brother. Defense wondered how Charlie would prove he didn't put the
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flashlight in Joe's trunk. The witness insisted he did not. McDonald knew he
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couldn't prove that, but it was the motive that the lawyer was skillfully aiming
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for in the long run, and in turn the introduction of Charlie Blue as
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someone who planted the evidence. For the following reason, McDonald had grilled Texas
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Ranger Joe Wiley about what the defendant's brother in law had to gain, and
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the lawman led him write to it. He asked Wiley to affirm that he
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hadn't come up with a motive for Joe Bryan to have committed the crime.
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If the defense attorney wanted to surmise a motive. The lawman responded, in
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defiance of the question, the victim was worth over three hundred thousand dollars,
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the equivalent of eight hundred and seventy five thousand dollars in twenty twenty four.
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Now was McDonald's opportunity. He asked Wiley if he knew Charlie Blue had filed
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a lawsuit in Cleeburn claiming his sister's life insurance and savings. Wiley said he
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was aware of the lawsuit. McDonald asked the ranger if he knew should Joe
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Brian be convicted, Charlie Blue stood to gain some money. He didn't know
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who stood to gain money. Wiley responded, only Joe. Perhaps, as
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he had just tried to assert, another opportunity was handed to the defense on
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a silver platter. You haven't checked that out, McDonald inquired. Ranger Wiley
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responded, no, sir. The implication, of course, was that Ranger
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Wiley had not covered all the bases. Investigators were not significantly questioned about other
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viable alternative suspects. However, fast forward back to day six of the trial.
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Just before resting, defense attorney Charles McDonald asked Joe if he had anything
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to do with the murder of his wife. He answered, I did not
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kill Mickey, so help me God. Early in his cross examination, Special
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prosecutor Gary Llewellen tried to trip up the defendant with questioning pertaining to the Jack
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Shaw story, but his attempt fell flat. Aware that the day was near
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its end, Llewellyn's first handful of questions were unremarkable, but he was just
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getting started. Joe Brian had testified that he indeed threw a pair of underwear
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away the day before leaving for Austin because they were worn out. As far
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as any stains on them were concerned, Joe had told Rainy Wiley that he
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had a leaky bladder condition and that any discoloration might have been the result of
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the many vitamins he took. No one was introduced at trial to contradict Joe's
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medical conditions. He denied his seamen could have been found on the underwear.
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When Llewellyn returned to his cross examination on day seven, he came in swinging
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with that very subject. Upon bringing out the underwear, Joe denied that it
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was the pair he had thrown away. Did the defendant expect the jury to
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believe Mickey's killer took the underwear Joe had thrown away and left a different pair
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in its place. Llewellyn asked it was a good question for the jury to
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hear the state was calling a still moist fluid that stained the underwear seamen and
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said it shared Joe's blood type. Later, it was discovered Texas rang Joe
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Wiley, nor any other investigator at the crime scene had mentioned anything about underwear
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being wet, moist or damp at all, not in reports and not in
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notes. A Texas Department of Public Safety crime lab technician could not testify as
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to their state of wetness either. Though the next line of questioning was utterly
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ridiculous, It played out dramatically in the courtroom, purposefully meant to put jurors
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in a place none of them had ever been in Joe's shoes after the horrific
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murder of a spouse, and the special prosecutor was nothing if not a showman.
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Llewellyn asked Joe Bryan essentially why he wasn't constantly calling and visiting the police
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asking for a progress report. Then, in what was surely a bizarre and
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confusing few moments, the special prosecutor made it sound like Joe should have tried
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to get to know Texas Ranger Joe Wiley. Isn't it important to know who's
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trying to find the killer of your wife? He asked the defendant. Llewellyn
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spent time trying to build a narrative that showed Joe had been uncooperative with the
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investigation, an odd choice since every investigating law enforcement officer had already testified to
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his cooperation and readiness to help. Again. He attempted to trip Joe up
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by asking if it was strange that the first items he'd mentioned ended up being
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the items missing from the scene. It was easily explained he was asked by
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the police what items of jewelry Mickey wore, and he told them Mickey was
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killed in the master bedroom, So mentioning the other valuables they kept there and
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the gun they kept there is not unreasonable response because of the many other missteps
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and omissions by investigators and officers in their notes and reports. Anyway, it
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isn't difficult to believe Joe mentioned other items that failed to even be documented.
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Special Prosecutor Gary Llewellen ended his cross examination of Joe Bryan with rapid fire.
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Questioning meant not for answers. Rather, it was rhetorical, carefully crafted for
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a few specific purposes to get the defendant to mix up his words and attempt
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to catch him contradicting something in prior testimony or police interviews, to hyperbolically make
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Joe's accounts and testimony sound absurd as a way to disguise their weak case and
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statements based only on speculation and absolutely no evidence as questions. It was all
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a show for the jury. Llewellyn, like Lee, didn't care if Joe
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answered at all. The Special prosecutor ridiculed Joe's Jackshaw story and the defense's insinuation
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that Charlie Blue could have planted the flashlight and then perhaps the money. Joe
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Brian testified he never said that, and he didn't He replied mostly with no
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or I don't know, and that would be turned around on him in the
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closing arguments. Everything you said was not true, Joe said, I did
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not kill Mickey. Have you ever wondered why mister Llewellyn would want you to
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be smart and brilliant and at other times want you to be dumb and stupid.
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Defense attorney Charles McDonald asked Joe Brian when the witness was turned back over,
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have you ever wondered why they did not bring in witnesses to say you
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were not in Austin, Yes, Sir, Joe replied to both. Joe
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Bryan was dismissed from the stand shortly before noon on the seventh day, and
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thirty six character witnesses were brought in. The testimony paused only for lunch from
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neighbors and colleagues to fellow church goers, Joe received glowing and sincere endorsements,
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as did his in Mickey's marriage. To save time, the jury was informed
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of an even larger number of character witnesses who'd all agreed about Joe's reputation as
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a respected, peaceful, and law abiding citizen. The defense rested the state
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closed their case after short testimony. We've already covered a highatt regency, Austin
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hotel employee and a Waco department store employee. Court was adjourned for the day
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and continued on day eight with motions filed by the defense. The first was
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for a judge instructed verdict of not guilty, since the state attorney, Charles
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MacDonald said hadn't provided any evidence that might be interpreted beyond reasonable doubt. Judge
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James Morgan denied the motion. He also filed for the case to be reopened
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for testimony from Penny Blue, the victim's sister. She'd received reports from a
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neighbor that a mysterious blue truck had parked on the street across from her parents'
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home, Vera and Otis Blue. It was three a m. During one
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of the days Joe's car was out of his possession and was parked in the
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Blues driveway. The police had been aware of the incident of the blue truck.
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Penny testified. The testimony was heard later in the day while the jury
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deliberated rendering it useless. Defense also filed a motion for the reading of a
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twenty four page deposition of Joe and Mickey Brian's insurance agent, Terry Spicer.
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It was denied by the judge. Another denied motion was the objection of Attorney
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Gary Llewellen, a special prosecutor, a motion the defense had asked for before
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at the beginning of the trial. During closing arguments, while prosecutors called what
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they had against Joe Brian a mountain of evidence that proved Joe was guilty beyond
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a reasonable doubt. Defense co counsel Lynn Malone cited the thirteen sets of fingerprints
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from unknown individuals, the purely speculative narrative the state provided, and their theory
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that was sculpted at every turn. That so called evidence the prosecution, Malone
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asserted, had nothing, certainly no mountain. When McDonald took over closing arguments
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after lunch, he mentioned the character witnesses, Joe's spotless criminal record, the
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lack of motive, and he and Mickey's virtually problem free relationship and marriage.
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There was no evidence at all of Joe being violent. Ever, the prosecution
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had mentioned during the trial that Joe might have been trying to make the murder
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look like a suicide. But when the first shot didn't kill Mickey, he
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was forced to shoot her three more times. But that begged the question,
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how were those shots accurate as Joe's glasses, which he could not see without
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covered in blood, As per the state's speculative but stated matter of factly claims,
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McDonald called that more speculative than an anything that's ever been on a bad
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television drama. He asked jurors not to lose sight of their common sense and
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return a verdict of not guilty. In the prosecution's last word, special prosecutor
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Gary Llewellen went over his cross examination of Joe Brian. At eleven twenty am
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on Wednesday, April ninth, nineteen eighty six, jurors began deliberations. They
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returned three and a half hours later with a verdict of guilty. After later
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and shorter deliberations about a half an hour, the jury returned with a sentence
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of ninety nine years in a Texas prison and a ten thousand dollars fine.
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Two days later, Joe Brian was transported to a Huntsville, Texas prison.
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Nearly two years later, in February of nineteen eighty eight, an appeals court
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reversed the conviction on a technicality, or, more accurately, a ridiculous mistake
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made by a judge who constantly seemed to favor the prosecution. Joe was granted
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a new trial. Before the jury deliberated in the nineteen eighty six trial,
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Judge James Morgan denied defense attorney Charles McDonald's motion to read for a jury a
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deposition from Terry Spicer. Joe and Mickey's insurance agent. The document was simple.
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It refuted the claim made by Texas ranger Joe Wiley that Mickey was worth
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three hundred thousand dollars to Joe upon her death. She's worth over three hundred
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thousand to him dead, if you want to surmise a motive, were Wiley's
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exact words to Attorney McDonald. Spicer himself had talked Mickey and Joe Brian into
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setting the payouts on their life insurance policies at one hundred and fifty thousand dollars
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each, half as manch much as the lawman had claimed in front of a
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jury. The policies were purchased several years before Mickey Bryan was murdered. Joe
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was not exonerated, and his new trial was set for the following year.
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We'll discuss that briefly next episode, followed by solid Alternative Suspects, evidentiary hearings
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based on real science decades later, and then the Killer Cop. But first
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we're going back to nineteen eighty four, to the second murder committed that year
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in Boskie County. If you like Gone Cold's mission to renew the public's interest
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