Latest / Murder Files Unsealed / The Wrongful Conviction of Joshua Kezer and the Lawless Case
Transcript
- 0:00Speaker 1: So welcome back. Today, you and I are going on
- 0:02Speaker 1: a deep dive into something that, well, it fundamentally challenges
- 0:07Speaker 1: everything we think we know about the justice system.
- 0:10Speaker 2: Yeah, it really does. This one is it's a massive
- 0:13Speaker 2: multi-decade true crime saga.
- 0:15Speaker 1: Right. We are looking at a 1992 Missouri murder mystery.
- 0:20Speaker 1: And I mean, it's got everything wrongful conviction, international forensic science.
- 0:27Speaker 1: And just this absolutely stunning plot twist in 2024.
- 0:31Speaker 2: It's honestly a diagnostic nightmare. I mean, we're going to
- 0:34Speaker 2: unpack how cognitive bias and systemic failures basically overcode objective reality.
- 0:39Speaker 1: Exactly. And the person at the absolute center of this,
- 0:42Speaker 1: the reason we're doing this deep dive is Michelle Lawless.
- 0:44Speaker 2: Right. From Benton, Missouri. She was just 19.
- 0:46Speaker 1: Yeah, just 19. But I want to be really clear here,
- 0:49Speaker 1: because you usually hear these true crime stories where the
- 0:51Speaker 1: victim is, you know, framed as this fragile target in
- 0:54Speaker 1: the dark.
- 0:54Speaker 2: Oh, that was definitely not Michelle.
- 0:56Speaker 1: No, absolutely not. Michelle was halfway to a black belt
- 0:58Speaker 1: in karate. Her best friend, Melissa Gaines, described her as bubbly, sure,
- 1:03Speaker 1: but unequivocally fearless.
- 1:05Speaker 2: Which is such a critical detail.
- 1:06Speaker 1: Right. She was tough, she was trained, and she just
- 1:10Speaker 1: did not back down.
- 1:11Speaker 2: And, you know, from an analytical standpoint... This case isn't
- 1:15Speaker 2: just a basic hood unit.
- 1:16Speaker 1: No, not at all.
- 1:17Speaker 2: It's an exploration of extraordinary lengths. We're talking about one
- 1:21Speaker 2: small-town sheriff trying to fix his predecessor's colossal mistake.
- 1:25Speaker 1: Yeah, and the damage that mistake caused. Okay, so let's
- 1:29Speaker 1: unpack this. We need to go back in time to
- 1:30Speaker 1: the early hours of November 8, 1992.
- 1:33Speaker 2: The crime scene.
- 1:34Speaker 1: Right. So you've got this 32-year-old part-time deputy, Rick Walter.
- 1:39Speaker 1: He's out on patrol, and he makes this horrific discovery.
- 1:42Speaker 1: He finds Michelle... And shot in her car.
- 1:46Speaker 2: Just a completely brutal scene. Yeah.
- 1:48Speaker 1: And it wasn't just contained to the car. The blood trail.
- 1:50Speaker 1: I mean, the reconstruction is terrifying. The evidence suggests they
- 1:54Speaker 1: had an argument. And Michelle was actually knocked entirely over
- 1:57Speaker 1: a guardrail.
- 1:58Speaker 2: Over the guardrail.
- 1:59Speaker 1: Yeah. Down a slope. And at the bottom of this embankment,
- 2:02Speaker 1: there's evidence of this incredibly violent struggle.
- 2:04Speaker 2: Right, which speaks to her training, like we mentioned.
- 2:07Speaker 1: Exactly. And then whoever did this, they carried her back
- 2:10Speaker 1: up the embankment, which is no small feat, and put
- 2:12Speaker 1: her back in her car.
- 2:13Speaker 2: And that's where the shooting happened.
- 2:15Speaker 1: Yeah. She was shot three times with a. 380 caliber handgun,
- 2:21Speaker 1: point blank in the face, the back of the head,
- 2:23Speaker 1: and her back.
- 2:24Speaker 2: It's just so much overkill. But I want to highlight
- 2:26Speaker 2: something really critical here.
- 2:27Speaker 1: Okay, what's that?
- 2:28Speaker 2: The struggle itself. They found blood under Michelle's fingernails and
- 2:33Speaker 2: severe defensive marks on her hands.
- 2:35Speaker 1: Right, because she fought back.
- 2:37Speaker 2: Exactly. It perfectly aligns with her fearless personality and that
- 2:41Speaker 2: karate training. She fought her attackers relentlessly.
- 2:45Speaker 1: Which means the killer had to have physical marks on them, right?
- 2:47Speaker 2: Absolutely. Scratches, gouges, you name it. The killer bore the
- 2:52Speaker 2: physical ledger of that fight.
- 2:53Speaker 1: So, naturally, you'd think the police are looking for someone
- 2:56Speaker 1: all scratched up. But instead, the investigation just instantly derails.
- 3:01Speaker 2: Because of Mark Abbott. Yes.
- 3:02Speaker 1: Enter Mark Abbott. He's this 23-year-old local guy, and he
- 3:06Speaker 1: just walks into the sheriff's office with this completely wild story.
- 3:10Speaker 2: He claims he was the one who found her, right? Yeah.
- 3:13Speaker 1: He says he drove by, saw Michelle in the car
- 3:16Speaker 1: with her face matted with blood. He claims he tried
- 3:19Speaker 1: to call 911 from a broken payphone and then drove
- 3:22Speaker 1: straight to the station.
- 3:24Speaker 2: And he adds a very specific detail about what he saw. Oh, yeah.
- 3:27Speaker 1: He claims he saw a white car speeding away from
- 3:29Speaker 1: the scene. filled with, quote, dark-skinned Hispanic men.
- 3:34Speaker 2: Which is such a specific racially charged misdirection.
- 3:38Speaker 1: I mean, I have to ask, if a witness shows
- 3:40Speaker 1: up at the station doing this, isn't that a massive
- 3:42Speaker 1: red flag? It's like finding a burning building, claiming you
- 3:46Speaker 1: saw a dragon fly away, and then asking the fire
- 3:48Speaker 1: department for a medal.
- 3:49Speaker 2: That is a great analogy. Yeah. And, yes, in criminal psychology,
- 3:54Speaker 2: an offender inserting themselves into the investigation as a helpful
- 3:57Speaker 2: witness— is a very common red flag.
- 3:58Speaker 1: Because they want to control the narrative, right?
- 4:00Speaker 2: Exactly. They give you a phantom target to chase during
- 4:03Speaker 2: those crucial first 48 hours. But in 1992, the police
- 4:07Speaker 2: just treated him as a helpful citizen. Which is wild.
- 4:10Speaker 1: So instead of Abbott, they focus on the usual suspect.
- 4:13Speaker 2: The boyfriend, Leon Lamb. Right.
- 4:16Speaker 1: Lamb was the last person to admit seeing her alive,
- 4:19Speaker 1: around one in the morning. And Michelle's diary showed they
- 4:22Speaker 1: had a really passionate but volatile relationship.
- 4:25Speaker 2: Lots of arguing, right?
- 4:26Speaker 1: Yeah, mostly over him seeing other girls. But here's the thing.
- 4:30Speaker 1: Despite all that turmoil, Lamb passed a polygraph test.
- 4:35Speaker 2: And he didn't have any physical marks on him to
- 4:36Speaker 2: tie him to that massive struggle at the scene.
- 4:38Speaker 1: Yeah, no scratches. So with Lamb cleared and Abbott being
- 4:42Speaker 1: treated like this helpful hero, the police are suddenly left
- 4:45Speaker 1: with a completely cold trail.
- 4:47Speaker 2: Until they decided to just, well, invent one.
- 4:50Speaker 1: Yeah. And this brings us to the recipe for a
- 4:53Speaker 1: complete frame-up.
- 4:54Speaker 2: This is where it gets really dark.
- 4:56Speaker 1: It really does. They targeted a kid named Joshua Kieser.
- 4:59Speaker 1: He was just a 17-year-old dropout from Illinois.
- 5:01Speaker 2: Illinois. Not even from Missouri. Nope.
- 5:04Speaker 1: He had a troubled background, some rumors about gang affiliations,
- 5:07Speaker 1: a history of homelessness. Just a really vulnerable target.
- 5:10Speaker 2: And the most important fact here, where was he on
- 5:13Speaker 2: the night of the murder?
- 5:15Speaker 1: He was 350 miles away in another state entirely.
- 5:18Speaker 2: But that didn't matter to Sheriff Bill Farrell.
- 5:20Speaker 1: No, not at all. Sheriff Ferrell had absolute tunnel vision.
- 5:25Speaker 1: There's this horrific moment where Ferrell hauls this 17-year-old kid
- 5:30Speaker 1: into his office, lunges across the desk, and literally accuses
- 5:34Speaker 1: Josh of killing, quote, his little girl.
- 5:37Speaker 2: That phrasing, his little girl, it tells you everything you
- 5:41Speaker 2: need to know about Ferrell's psychology.
- 5:42Speaker 1: It's super personal, right?
- 5:44Speaker 2: Extremely. Intense community pressure can cause law enforcement to just
- 5:48Speaker 2: anchor onto a convenient scapegoat. Once they do that, they
- 5:52Speaker 2: experience confirmation bias and ignore all exculpatory evidence.
- 5:56Speaker 1: Which is exactly what happened at the June 1994 trial.
- 5:59Speaker 1: I mean, they built an absolute house of cards.
- 6:01Speaker 2: What did they actually present to the jury?
- 6:03Speaker 1: It was absurdly weak. First, they used jailhouse informants who
- 6:06Speaker 1: magically claimed Kieser confessed to them.
- 6:08Speaker 2: Which is almost always incentivized perjury. Right.
- 6:11Speaker 1: Then, remember Mark Abbott, the guy who saw the Hispanic men?
- 6:14Speaker 2: Yeah, the helpful witness.
- 6:15Speaker 1: Well, he suddenly changes his story. The police put Joshua Kieser,
- 6:19Speaker 1: a pale white teenager, in a lineup, and Abbott points
- 6:23Speaker 1: at him and says, yeah, that's the guy I saw
- 6:25Speaker 1: driving away.
- 6:26Speaker 2: Talk about eyewitness malleability. He completely rewrote his memory to
- 6:30Speaker 2: give the police what they wanted.
- 6:31Speaker 1: Exactly. And then they had false physical evidence. They used
- 6:35Speaker 1: luminal tests on Kieser's jacket and a car he borrowed,
- 6:38Speaker 1: and the prosecution told the jury it was blood.
- 6:41Speaker 2: The luminal reacts to basically everything, right? Rust, bleach, horseradish. Yeah.
- 6:46Speaker 1: It's not definitive blood. But the jury didn't know that.
- 6:49Speaker 1: And then there was the star witness coercion.
- 6:51Speaker 2: This is the part with Chantel Kreider.
- 6:53Speaker 1: Yeah, Michelle's friend. Sheriff Farrell heavily pressured her to testify
- 6:57Speaker 1: that Kieser was aggressively harassing Michelle at a Halloween party
- 7:00Speaker 1: right before the murder.
- 7:01Speaker 2: Manufacturing a motive.
- 7:03Speaker 1: Here's where it gets really interesting, though. How does a
- 7:05Speaker 1: defense attorney not tear this apart? I mean, the blood
- 7:09Speaker 1: wasn't blood. The DNA at the scene didn't match Kieser.
- 7:12Speaker 1: And literally the Monday after the trial, witnesses came forward
- 7:16Speaker 1: with a guest list proving Kieser wasn't even at that
- 7:18Speaker 1: Halloween party.
- 7:19Speaker 2: The defense likely just lacks the forensic literacy to challenge
- 7:22Speaker 2: the liminal chemistry. And as for those alibi witnesses, the
- 7:26Speaker 2: sheriff's department essentially buried that exculpatory evidence.
- 7:30Speaker 1: It is just infuriating. But despite having no fingerprints, no weapon,
- 7:35Speaker 1: no motive and no DNA, the jury bought it.
- 7:38Speaker 2: How long did they even deliberate?
- 7:40Speaker 1: Three and a half hours. That's it. They found Joshua
- 7:43Speaker 1: Kueser guilty of second degree murder and they sentenced him
- 7:45Speaker 1: to 60 years.
- 7:47Speaker 2: 60 years for an innocent 17 year old kid. Yeah.
- 7:50Speaker 1: And we need to transition from that sterile courtroom to
- 7:53Speaker 1: the brutal reality of what a 60 year sentence actually means.
- 7:56Speaker 2: Especially where they sent him.
- 7:58Speaker 1: Right. They sent him to the Missouri State Penitentiary, known
- 8:01Speaker 1: locally as The Walls.
- 8:03Speaker 2: Also known as the bloodiest 47 acres.
- 8:05Speaker 1: Exactly. It was a notoriously violent place. They placed Kayser
- 8:09Speaker 1: in a housing unit 4, cell 99.
- 8:12Speaker 2: The psychological toll of that kind of environment is just staggering.
- 8:16Speaker 2: Not to mention the physical toll.
- 8:18Speaker 1: Yeah, he endured some harrowing things. There was a terrifying
- 8:21Speaker 1: account of an attempted rape by a group of inmates.
- 8:24Speaker 1: Kayser fought back, sustained severe injuries, and ended up in
- 8:28Speaker 1: the hospital.
- 8:28Speaker 2: That fight or flight response, just trying to survive day
- 8:31Speaker 2: to day.
- 8:32Speaker 1: He actually said he prayed for death on two separate occasions.
- 8:36Speaker 1: It's like being buried alive in a concrete coffin, right?
- 8:39Speaker 1: You are perfectly aware of your own innocence, but the
- 8:41Speaker 1: world above has just forgotten you.
- 8:43Speaker 2: It's learned helplessness. You're fighting for your life against violent
- 8:47Speaker 2: inmates while the system that put you there sleeps soundly.
- 8:50Speaker 1: But the most stunning thing about Kayser, despite all of
- 8:52Speaker 1: that evil, he completely refused to become bitter.
- 8:55Speaker 2: That resilience is really something. Finding grace in that level
- 8:59Speaker 2: of darkness is a stunning contradiction in human nature.
- 9:02Speaker 1: And it becomes so crucial to how he handles his
- 9:04Speaker 1: eventual freedom.
- 9:05Speaker 2: Because while Kayser was just surviving day by day in
- 9:08Speaker 2: Cell 99, the universe was busy aligning a completely different
- 9:12Speaker 2: set of circumstances back in Scott County. Yes.
- 9:15Speaker 1: Fast forward to 2005. We have our massive plot twist.
- 9:19Speaker 2: The new sheriff.
- 9:20Speaker 1: Exactly. Rick Walter, the guy who was the part-time deputy
- 9:25Speaker 1: who originally found Michelle's body in 1992, he is now
- 9:29Speaker 1: the elected sheriff of Scott County.
- 9:31Speaker 2: Which is incredible. And what does he do?
- 9:33Speaker 1: He decides to reopen the case.
- 9:35Speaker 2: And we really need to emphasize how incredibly rare this is.
- 9:39Speaker 2: Walter didn't just reopen a cold case. He reopened a
- 9:42Speaker 2: closed case. Right.
- 9:43Speaker 1: Somebody was already in prison for it.
- 9:45Speaker 2: Exactly. By doing that, he was essentially declaring war on
- 9:49Speaker 2: his own department's legacy.
- 9:50Speaker 1: Oh, and the backlash was intense. He faced death threats.
- 9:53Speaker 1: There was this chilling lunch he had with some local pastors,
- 9:56Speaker 1: and one of them literally looked at him and expressed
- 9:59Speaker 1: surprise that Walter hadn't been assassinated yet.
- 10:01Speaker 2: Over reopening a murder case. That shows you how deep
- 10:04Speaker 2: the denial ran in that community.
- 10:06Speaker 1: So Walter knew he needed outsiders. He couldn't just trust
- 10:08Speaker 1: the local system.
- 10:09Speaker 2: Who did he bring in?
- 10:10Speaker 1: Two really vital figures. First, Brandon Cade. He was an
- 10:14Speaker 1: independent investigator Walter hired. At first, Cade looked at the
- 10:17Speaker 1: files and thought the conviction was rock solid.
- 10:20Speaker 2: But then he actually scrutinized the evidence, right?
- 10:22Speaker 1: Yeah, he examined it piece by piece, and he just
- 10:24Speaker 1: watched the whole thing crumble. And the second person, this
- 10:27Speaker 1: is amazing, Jane Williams.
- 10:29Speaker 2: A church volunteer. Yes.
- 10:31Speaker 1: She had zero legal background. She just visited the prison,
- 10:34Speaker 1: met Kaiser, read the trial transcripts, and started praying. Then
- 10:38Speaker 1: she wrote this incredibly detailed clinical summary of all the
- 10:41Speaker 1: case flaws.
- 10:42Speaker 2: And she used that summary to get him legal representation. Exactly.
- 10:45Speaker 1: Exactly. She secured these two high-powered pro bono lawyers, Charles
- 10:50Speaker 1: Weiss and Stephen Snodgrass.
- 10:52Speaker 2: I mean, what does it say about our justice system
- 10:55Speaker 2: that it took a guilt-ridden sheriff, a church volunteer with
- 10:59Speaker 2: a summary, and just a staggering amount of luck to
- 11:03Speaker 2: undo a mistake that was glaringly obvious on day one?
- 11:06Speaker 1: It says the system is built for finality, not truth.
- 11:09Speaker 2: Right. And uncovering that truth was only half the battle
- 11:12Speaker 2: because they still had to convince a judge to actually care.
- 11:15Speaker 1: Which brings us to the 2008 hearing. We're in Judge
- 11:17Speaker 1: Richard Callahan's courtroom and everything just falls apart for the state.
- 11:21Speaker 2: The witnesses recant, don't they?
- 11:23Speaker 1: Yeah, the informants admit they lied. And Chantel Kreider, the
- 11:27Speaker 1: girl forced to testify about the Halloween party, she breaks
- 11:29Speaker 1: down on the stand. She tearfully admits her regret over
- 11:33Speaker 1: sending an innocent man to prison.
- 11:35Speaker 2: And they officially debunked the false blood evidence, too.
- 11:38Speaker 1: Right. The luminol was exposed as junk science in this context.
- 11:41Speaker 1: And then in February 2009, Judge Callahan makes this unprecedented ruling.
- 11:46Speaker 2: He didn't just grant a new trial. No.
- 11:49Speaker 1: He declared on the public record that the system made a, quote,
- 11:52Speaker 1: big mistake. He said he was embarrassed for our system.
- 11:56Speaker 1: And he legally declared Joshua Kaiser an innocent man.
- 11:59Speaker 2: Actual innocence. That is so incredibly rare.
- 12:02Speaker 1: So after 16 years, Kaiser walks out of prison. He
- 12:05Speaker 1: steps outside and he just lets out this primal roar
- 12:08Speaker 1: of relief.
- 12:09Speaker 2: I can't even imagine the weight lifting off his shoulders.
- 12:11Speaker 1: But here is the ultimate plot twist of forgiveness. Kaiser
- 12:15Speaker 1: sued the county for the wrongful conviction, right? He won millions.
- 12:20Speaker 2: As he should have.
- 12:21Speaker 1: But then he did the unthinkable. He took $ 10, 000 of
- 12:24Speaker 1: his settlement money and he donated it back to the
- 12:27Speaker 1: Scott County Sheriff's Department.
- 12:29Speaker 2: Wait, really? To the same department? Yes.
- 12:31Speaker 1: He gave it to Sheriff Walter specifically to fund the
- 12:34Speaker 1: continuing investigation to find Michelle's real killer.
- 12:37Speaker 2: That is just, wow, that level of grace is unbelievable.
- 12:40Speaker 1: But, you know, with keys are free, Sheriff Walter is
- 12:42Speaker 1: suddenly back at square one. The real killer has had
- 12:45Speaker 1: a 17-year head start.
- 12:47Speaker 2: All the evidence is old. The trail is cold.
- 12:49Speaker 1: Right. So Walter has to turn to futuristic science to
- 12:52Speaker 1: catch up, which takes us to the Netherlands.
- 12:55Speaker 2: The crime farm. Exactly. Exactly.
- 12:57Speaker 1: Sheriff Walter literally travels across the world to this rustic
- 13:00Speaker 1: farmhouse in the Netherlands known as the Crime Farm. It's
- 13:04Speaker 1: run by these forensic experts, Selma and Richard Eichlenboom.
- 13:08Speaker 2: And they specialize in a very specific type of forensics.
- 13:12Speaker 1: Touch DNA technology. Can you break that down for us?
- 13:14Speaker 2: Sure. So touch DNA or grip DNA doesn't rely on
- 13:17Speaker 2: huge pools of blood. It uses crime scopes that emit
- 13:20Speaker 2: different wavelengths of light to find microscopic skin cells.
- 13:24Speaker 1: The cells left behind during a struggle. Right.
- 13:26Speaker 2: So when Michelle was fighting fiercely on that embankment, she
- 13:29Speaker 2: was trapping microscopic skin cells from her attackers deep into
- 13:33Speaker 2: the fibers of her clothes.
- 13:34Speaker 1: And those Dutch experts found something massive, which forces Walter
- 13:38Speaker 1: to completely reevaluate the man who found the body.
- 13:42Speaker 2: Mark Abbott.
- 13:42Speaker 1: Yes, Mark Abbott. Remember, Abbott originally claimed he reached through
- 13:46Speaker 1: the car window, grabbed Michelle's left shoulder, and tried to
- 13:49Speaker 1: pull her up.
- 13:50Speaker 2: That was his excuse for why his DNA might be there.
- 13:52Speaker 1: Right. But there are two massive flaws with that story. First,
- 13:57Speaker 1: physical impossibility. The car window was only slightly open. A
- 14:01Speaker 1: grown man couldn't physically reach in and maneuver a body
- 14:05Speaker 1: like that.
- 14:05Speaker 2: And the second flaw is the DNA discrepancy itself.
- 14:08Speaker 1: Exactly. The Dutch experts found DNA matching the Abbott family
- 14:12Speaker 1: profile on Michelle's clothes, but in places Mark claimed he
- 14:16Speaker 1: never touched.
- 14:17Speaker 2: In places consistent with a violent struggle.
- 14:19Speaker 1: But wait, did you catch my phrase that? The Abbott
- 14:21Speaker 1: family profile?
- 14:22Speaker 2: Oh, right, because there's a twin? Yes.
- 14:24Speaker 1: This is the bombshell. Mark has an identical twin brother
- 14:28Speaker 1: named Matt. And because identical twins have nearly identical DNA,
- 14:33Speaker 1: the touch DNA couldn't tell them apart.
- 14:35Speaker 2: And didn't the original sheriff's logs mention Matt?
- 14:38Speaker 1: Yes. Some of the 1992 dispatch records logged Matt Abbott
- 14:42Speaker 1: as the person reporting the crime, not Mark.
- 14:45Speaker 2: So this bizarre conspiracy emerges. Could they have swapped places?
- 14:49Speaker 2: Was one driving the car while the other went to
- 14:51Speaker 2: the station?
- 14:52Speaker 1: It's totally possible, especially when you look at their background.
- 14:55Speaker 1: Later on, both brothers were convicted of federal drug charges.
- 14:58Speaker 2: So there's a potential motive right there. If Michelle stumbled
- 15:01Speaker 2: onto a drug deal or knew too much.
- 15:03Speaker 1: Exactly. And it wasn't just a theory. There were actual confessions.
- 15:08Speaker 1: A local gun shop owner named Ron Burton claimed Mark
- 15:12Speaker 1: Abbott bragged to him, quote, I took care of the bitch.
- 15:15Speaker 2: Wow. He just admitted it.
- 15:16Speaker 1: To Burton, yes. And then a seasoned narcotics detective claimed
- 15:20Speaker 1: Mark admitted to him that he was there watching another
- 15:23Speaker 1: man kill her.
- 15:24Speaker 2: Though I assume Abbott denies all of this.
- 15:26Speaker 1: No, completely. He denies everything. But for years, it seemed
- 15:29Speaker 1: like the Abbott twins were the ultimate villains of this story.
- 15:32Speaker 1: Everyone was just waiting for the arrest.
- 15:34Speaker 2: But that's not what happened.
- 15:36Speaker 1: No. Because we have another shocking twist that brings this
- 15:39Speaker 1: entire case hurtling right into the present day.
- 15:42Speaker 2: December 2024. Right.
- 15:45Speaker 1: Decades after the murder, an arrest is finally made. And
- 15:48Speaker 1: it's not the Abbott twins. It's Leon Lamb.
- 15:51Speaker 2: The former boyfriend.
- 15:52Speaker 1: Yes. Yes. Officially arrested and charged with Michelle's murder. His
- 15:56Speaker 1: trial is literally set for February 2027.
- 15:58Speaker 2: That is just incredible whiplash. Going all the way back
- 16:02Speaker 2: to the first guy they investigated.
- 16:03Speaker 1: And it all comes down to the DNA. The experts
- 16:06Speaker 1: noted that Lam's DNA was found mixed with Michelle's blood
- 16:10Speaker 1: directly under her fingernails.
- 16:12Speaker 2: The same fingernails she used to fight off her attackers.
- 16:14Speaker 1: But Lam has a defense for that. He says, look,
- 16:17Speaker 1: we had passionate sex earlier that night. That's how my
- 16:20Speaker 1: DNA got under her nails. It was consensual. Before she
- 16:23Speaker 1: was killed.
- 16:24Speaker 2: And that's where the science hits a wall. A DNA
- 16:27Speaker 2: match is a fact. But the context of that DNA,
- 16:30Speaker 2: whether it transferred during a violent struggle or consensual intimacy,
- 16:33Speaker 2: that requires human interpretation.
- 16:35Speaker 1: And we know human interpretation is deeply fallible. But here
- 16:38Speaker 1: is the most mind-bending detail of this entire saga. Joshua Kessler,
- 16:43Speaker 1: the man who lost 16 years of his life in
- 16:45Speaker 1: a concrete cell because of this police department. He has
- 16:48Speaker 1: publicly stated that he believes prosecutors are going after the
- 16:51Speaker 1: wrong man yet again.
- 16:53Speaker 2: He's offending the boyfriend.
- 16:54Speaker 1: Yes. He believes Lam is innocent. So I have to
- 16:58Speaker 1: ask you, what does this all mean for the listener?
- 17:00Speaker 1: How do we even process this? Is the system just
- 17:03Speaker 1: repeating the exact same tunnel vision mistake with Lam that
- 17:07Speaker 1: they made with Kesar?
- 17:08Speaker 2: Or, you know, is Kesar's trauma just making him overly
- 17:12Speaker 2: skeptical about of the very system that's trying to finally
- 17:14Speaker 2: close this case.
- 17:15Speaker 1: Right. It's so hard to tell.
- 17:17Speaker 2: I think it synthesizes a really profound theme. Forensic science
- 17:20Speaker 2: is an incredibly powerful tool, but it is only as
- 17:23Speaker 2: objective as the humans wielding it. You can have the
- 17:26Speaker 2: most advanced Dutch crime scopes in the world, but eventually
- 17:29Speaker 2: a human being has to decide what the science actually means.
- 17:32Speaker 1: And human beings are biased.
- 17:34Speaker 2: Deeply biased.
- 17:35Speaker 1: It's a lot to take in. And I think we
- 17:37Speaker 1: need to bring this back to the people who are
- 17:38Speaker 1: really living it. Michelle's family, her brother, Jason. Her mother, Esther.
- 17:44Speaker 1: They've been waiting for definitive closure for over 30 years.
- 17:48Speaker 2: It's a bittersweet reality. A great injustice was righted for
- 17:52Speaker 2: Joshua Kieser. The system fixed a horrible mistake. But true
- 17:57Speaker 2: justice for Michelle. It still remains elusive.
- 18:00Speaker 1: Yeah, they are still waiting. So I want to leave you,
- 18:03Speaker 1: the listener, with a final thought to mull over today.
- 18:07Speaker 1: We like to think of the justice system as a scale, right?
- 18:11Speaker 1: Naturally seeking balance.
- 18:12Speaker 2: But this deep dive shows us it's more like a
- 18:14Speaker 2: freight train.
- 18:15Speaker 1: Exactly. Once it gets moving in the wrong direction, it
- 18:18Speaker 1: takes a monumental, almost impossible force to stop it. It
- 18:21Speaker 1: took 16 years and millions of dollars to stop it
- 18:24Speaker 1: for Josh Kayser. So think about this. If you were
- 18:27Speaker 1: on a jury tomorrow and an expert pointed to a
- 18:29Speaker 1: pristine piece of technological evidence, would you trust the science implicitly? Or,
- 18:35Speaker 1: knowing what you know now, would you question the storyteller?
- 18:37Speaker 2: Because the storytellers are fallible.
- 18:39Speaker 1: Always thank you so much for joining us on this
- 18:41Speaker 1: deep dive keep asking the hard questions and we will
- 18:44Speaker 1: see you next time