Latest / Crime Stories with Nancy Grace / SLUMBER PARTY CHILD KILLER TO WALK FREE?
Transcript
- 0:00Speaker 1: Crime Stories with Nancy Grace, an infamous child killer, a
- 0:11Speaker 1: slumber party child killer who blindfolded a group of little
- 0:18Speaker 1: girls about age twelve, drags one out and strangles for dead.
- 0:26Speaker 1: Set to walk free over my cold dead body. I'm
- 0:36Speaker 1: Nancy Grace. This is Crime Stories. Thank you for being
- 0:40Speaker 1: with us.
- 0:53Speaker 2: This man succeeded in what he was trying to do,
- 0:57Speaker 2: which was pierced my son through the heart and fierce
- 1:01Speaker 2: the rest of the family. It was just plain despicable
- 1:07Speaker 2: and it shows the kind of people who child molesters are.
- 1:12Speaker 1: Yes, it does, and I am referring specifically to a
- 1:16Speaker 1: child killer, Richard Alan Davis, sentenced to death in the
- 1:22Speaker 1: brutal murder of a beautiful twelve year old little girl,
- 1:27Speaker 1: Polly Class.
- 1:29Speaker 3: Listen, he broke.
- 1:30Speaker 4: The contract for that he must die. And mister Davis,
- 1:35Speaker 4: when you get to where you're going, say hello to Hitler,
- 1:40Speaker 4: say hello to Dahmer, and say hello to Bundy, and
- 1:44Speaker 4: good riddance.
- 1:45Speaker 5: And the sooner you get there, the better are we
- 1:47Speaker 5: all are.
- 1:48Speaker 3: Truer words were never spoken.
- 1:51Speaker 1: But since that time, when he got an chewing technical
- 1:58Speaker 1: legal term in court by Polly's father, Mark Class, he
- 2:01Speaker 1: has been given three hots and a cot. Ever since
- 2:09Speaker 1: in the last days we learn he Richard Alan Davis,
- 2:16Speaker 1: the killer of poly Class, could walk free, joining me
- 2:23Speaker 1: in All Star panel to make sense of what we
- 2:25Speaker 1: are learning. But first I want to go to my
- 2:28Speaker 1: longtime friend and colleague, Mark Class. You hear me talk
- 2:35Speaker 1: about him often in completely unrelated cases because I compare
- 2:41Speaker 1: every parent, every loved one, whether it's a mother, a dad,
- 2:46Speaker 1: a grandma, a grandpa, an uncle, a boyfriend, a husband,
- 2:49Speaker 1: a wife, I compare them to Mark Class. Because when
- 2:55Speaker 1: Polly went missing, bam bam bam bam bam on.
- 3:00Speaker 3: Class's front door.
- 3:02Speaker 1: He opens it up and he says, take my fingerprints,
- 3:05Speaker 1: take my blood, search my place, search my car, search
- 3:09Speaker 1: my office.
- 3:10Speaker 3: Hurry do it now.
- 3:12Speaker 1: I'll do anything. I'll take a Polly, but find my daughter.
- 3:16Speaker 1: Quit focusing on me, please. Time is ticking. That is
- 3:22Speaker 1: Mark Class, and since his daughter's death, her murder, he
- 3:28Speaker 1: has devoted himself to finding missing people, solving unsolved homicides.
- 3:35Speaker 1: His whole life was contorted and twisted by Richard Alan Davis.
- 3:43Speaker 3: Smart Class, Thank you for being with us.
- 3:46Speaker 1: What went through your mind when you heard about this
- 3:50Speaker 1: proposed legislation?
- 3:52Speaker 5: Well it was a stab in the heart. Now, So
- 3:54Speaker 5: you know what it did is it does us pulled
- 3:56Speaker 5: everything right back up to the forefront. It brought the
- 3:59Speaker 5: crime back to the floor front the trial. You know,
- 4:03Speaker 5: I think about Polly all the time. I think about
- 4:06Speaker 5: Polly every day. But once this guy got onto death throw,
- 4:11Speaker 5: I put him out of my mind. And there have
- 4:14Speaker 5: been very few reasons for me to think about him
- 4:17Speaker 5: or to consider him at all over the course of
- 4:20Speaker 5: the last thirty years. But this, and the reason for
- 4:23Speaker 5: that is because he's been given absolutely every consideration somebody
- 4:27Speaker 5: can have. He had a great defense team at trial,
- 4:31Speaker 5: He's had several appeals, he's even lost to the California
- 4:37Speaker 5: Supreme Court. And I thought it was finished. I thought
- 4:40Speaker 5: that was done then, and now, thanks to the California
- 4:43Speaker 5: legislature and the interpretation of new laws, it's been thrown
- 4:48Speaker 5: right back in my face again. And so one has
- 4:52Speaker 5: to deal with it. One has to deal with the
- 4:54Speaker 5: raw emotions. One has to deal with the regret, with
- 4:58Speaker 5: the hurt, with the pain. And I've been doing that
- 5:01Speaker 5: over these past several weeks, and it's a it's not
- 5:04Speaker 5: a fun or easy thing to deal with. I can
- 5:07Speaker 5: assure you man.
- 5:08Speaker 1: That's certainly an euphemism. It's not fun or easy to
- 5:12Speaker 1: deal with. When I think back on my fiance Cay's murder,
- 5:16Speaker 1: sometimes can actually make me sick. If I allow myself
- 5:22Speaker 1: to think about the moments that he endured just before
- 5:26Speaker 1: he finally died and went to heaven.
- 5:31Speaker 3: I think, did he did he feel it? Did it hurt?
- 5:34Speaker 3: Was he afraid? What happened? What were his last words?
- 5:38Speaker 3: I think about all of that. Why wasn't I there?
- 5:41Speaker 3: I think about that.
- 5:43Speaker 1: Now it's all back because of legislation and the interpretation
- 5:48Speaker 1: of that legislation that waters down convictions.
- 5:54Speaker 3: Who is this guy? Who is Richard Allen Davis? Listen?
- 5:58Speaker 6: Richard Allen Davis is an ex con out on parole
- 6:01Speaker 6: after serving eight years of a sixteen year sentence for kidnapping.
- 6:04Speaker 6: Parole to a halfway house for convicts with alcohol and
- 6:07Speaker 6: drug addiction. He gets an overnight pass and drives his
- 6:10Speaker 6: Ford pintos sixty miles up the California coast to Petaluma.
- 6:14Speaker 6: Davis goes to a park, smokes a joint, and drinks
- 6:16Speaker 6: of beer. He's two blocks away from the home of
- 6:19Speaker 6: twelve year old poly class She's having a slumber party
- 6:22Speaker 6: with two friends. Davis sneaks into the home, grabs a
- 6:25Speaker 6: knife from the kitchen, and goes to the room where
- 6:27Speaker 6: the girls are setting up sleeping bags. He threatens the
- 6:30Speaker 6: girls with the knife, ties two of them up, gags them,
- 6:33Speaker 6: and kidnaps poly Class. It takes the girls twenty minutes
- 6:37Speaker 6: to free themselves and they run to Polly's mother, Eve Nichols,
- 6:40Speaker 6: who calls the police and more. Ninety minutes after kidnapping
- 6:44Speaker 6: poly Class Richard Allen, Davis gets his pentos stuck in
- 6:47Speaker 6: a ditch. The owner of the secluded property, Dana Jeffy,
- 6:51Speaker 6: gets spooked and calls police. Police talk to Davis, help
- 6:54Speaker 6: him get his car out of the ditch, and send
- 6:56Speaker 6: him on his way. Two months after Polly's disappearance, Jeffe
- 6:59Speaker 6: calls the plea again after finding a sweatshirt, girls clothing,
- 7:02Speaker 6: and other items on her property. Jeffie says she thought
- 7:05Speaker 6: it looked like a crime scene and tells officers about
- 7:08Speaker 6: the stranger from two months earlier. The search for poly
- 7:11Speaker 6: Class has been international news for the last two months,
- 7:13Speaker 6: and investigators quickly pull up their records from the incident
- 7:16Speaker 6: and find the name Richard Allen Davis, an ex con
- 7:19Speaker 6: with a long rap sheet who most recently served time
- 7:22Speaker 6: in prison for kidnapping.
- 7:24Speaker 1: Back to Mark Class, joining us along with an all
- 7:26Speaker 1: star panel, Mark I pulled up Polly's Killers. Rap sheet
- 7:33Speaker 1: goes all the way back to age twelve. Arrested for burglary,
- 7:39Speaker 1: then forging a ten dollars money order, burglary of another home.
- 7:44Speaker 3: His father turns.
- 7:46Speaker 1: Them out over to juvenile for incorrigibility, then motorcycle theft,
- 7:53Speaker 1: then goes into the army. Then he goes a wall discharge,
- 7:59Speaker 1: arrested again, public drunk, arrested again, liquor, burglary, contributing to
- 8:04Speaker 1: the delinquents of a minor.
- 8:05Speaker 3: I wonder what that was. Goes on and on. I'm
- 8:10Speaker 3: cutting through a lot of them.
- 8:12Speaker 1: But then we go to more burglaries, residents becoming angry
- 8:17Speaker 1: and upset, burglary, burglary, burglary, a school burglary. Goes I mean,
- 8:23Speaker 1: I've got pages and pages and pages, and the offenses
- 8:28Speaker 1: turn violent.
- 8:31Speaker 3: This is the guy that's gonna walk free. Mark Class, Well.
- 8:35Speaker 5: Not only do the offenses turn more violent, but he's
- 8:38Speaker 5: also at this point been diagnosed as a sexually sadistic
- 8:42Speaker 5: psychopath and What this character did is he just went
- 8:45Speaker 5: through this turnstile system of justice repeatedly. Every time he
- 8:52Speaker 5: gets out, he can he can cook a more violent crime,
- 8:57Speaker 5: and it just escalates and escalates and escalates, and he's
- 9:00Speaker 5: given chance after chance after chance, until he finally and
- 9:03Speaker 5: ultimately grabs Paullie and murders her, and oh walks away
- 9:09Speaker 5: from the scene.
- 9:10Speaker 1: In seventy six, escapes from the Napa State Hospital, goes
- 9:13Speaker 1: on a four day crime spree, breaks into the home
- 9:16Speaker 1: of Marjorie Mitchell, a nurse at the state hospital, beats
- 9:20Speaker 1: her in the head with a fire poker while she slept,
- 9:23Speaker 1: stole a shot gun from an animal shelter, then kidnaps
- 9:26Speaker 1: Haze Little Frost, climbs into her cadillac outside a bar.
- 9:30Speaker 3: I mean, it goes on and on.
- 9:32Speaker 1: He gets twenty for kidnapping twenty five years, he gets
- 9:36Speaker 1: out and keeps doing the same thing, robbing a yogurt, shot,
- 9:41Speaker 1: robbing a bank, confesses to crime, more crimes behind bars,
- 9:46Speaker 1: more kidnappings. It wasn't just Polly that he kidnapped. He's
- 9:51Speaker 1: got a string of kidnapping. And what happens when he
- 9:56Speaker 1: is finally apprehended in this case.
- 10:00Speaker 3: Let's take a listen from the horse's mouth.
- 10:04Speaker 7: Sure is friend of hitter.
- 10:08Speaker 1: Sure, you know he says it just as cold and
- 10:12Speaker 1: cool as a cucumber.
- 10:14Speaker 3: She's not alive.
- 10:30Speaker 1: We're talking about a twelve year old little girl taken
- 10:35Speaker 1: out of her own home at knife point during a
- 10:39Speaker 1: sleepover with her little friends. You know, Mark class I
- 10:43Speaker 1: rarely ask you this, but could you go back to
- 10:48Speaker 1: that night and tell us what happened?
- 10:51Speaker 3: From your vantage?
- 10:53Speaker 5: Sure, I was sleep in bed with my then girlfriend,
- 10:58Speaker 5: now wife, Violet, and she answered the phone. It rang,
- 11:02Speaker 5: and I remember her pushing the phone away from herself,
- 11:06Speaker 5: saying no, no, no, tell Mark. She handed me the
- 11:10Speaker 5: phone and it was Polly's strange stepfather, Alan Nickel, and
- 11:15Speaker 5: he said Paul. Basically, he said, Pauli's been kidnapped and
- 11:19Speaker 5: the police don't want you coming up here trampling evidence.
- 11:23Speaker 5: I then spent much of the rest of the evening
- 11:26Speaker 5: contacting the police. I contacted the FBI because of the
- 11:30Speaker 5: Lindberg case. I thought, Wow, if anybody knows about kidnappings,
- 11:34Speaker 5: it's the FBI. And they immediately dispatched a local agent
- 11:40Speaker 5: to the scene, and that was Eddie Fryer.
- 11:41Speaker 7: Who's on your panel?
- 11:43Speaker 5: And the next morning we got up and we went
- 11:47Speaker 5: to Pedal Luma and stayed there then for the next
- 11:50Speaker 5: two months, trying to get Polly back.
- 11:52Speaker 1: You know, Mark Klass, the way you tell that is
- 11:57Speaker 1: almost by rote because you've been asked so many times,
- 12:03Speaker 1: but I know better than that.
- 12:05Speaker 5: Well well, I mean, it was a it was disbelief.
- 12:09Speaker 5: I mean, it's really disbelief. You can't even believe that
- 12:12Speaker 5: something like that has happened. We stayed up all night.
- 12:15Speaker 5: At about six in the morning, one of the local
- 12:17Speaker 5: news stations, the radio station announced that Pauli Class has
- 12:21Speaker 5: been kidnapped. And that's the point where, you know, it
- 12:25Speaker 5: really really started to set in and we knew that
- 12:28Speaker 5: we had to start calling family members, and it was
- 12:31Speaker 5: just one of these are the most brutal phone calls
- 12:33Speaker 5: you can even imagine. You have people gasping, you have
- 12:37Speaker 5: people crying, you have people swearing on the phone, and
- 12:41Speaker 5: you know, then we went up to Pedaluma.
- 12:43Speaker 7: We went to.
- 12:44Speaker 5: Paulie's house and the place was surrounded by satellite trucks.
- 12:49Speaker 5: It was just it was almost surreal. It took a
- 12:53Speaker 5: little bit of time to emotionally adjust to all of
- 12:56Speaker 5: this to emotionally understand that. But boy, once you've go
- 13:00Speaker 5: down that rocket hole, it's really really hard to get
- 13:03Speaker 5: back out again. And we just spent two months focused
- 13:06Speaker 5: on nothing but getting Polly backed. I lost weight during
- 13:09Speaker 5: the time. I almost gave up several times during that time.
- 13:13Speaker 5: It was just brutal. It's the most brutal thing an
- 13:16Speaker 5: individual can go through, I think, trying to recover a
- 13:20Speaker 5: daughter that's been kidnapped in a community, a large community
- 13:25Speaker 5: with a history of child kidnappings that were never solved.
- 13:31Speaker 1: Richard Allan Davis, I usually don't even say his name.
- 13:35Speaker 1: I usually say Polly's killer. This is the man that
- 13:39Speaker 1: gets a knife and goes into the bedroom of Polly
- 13:44Speaker 1: class blindfolds her little friends and kidnaps Polly. He's got
- 13:50Speaker 1: a long history of kidnaps and attacks. His crime started
- 13:55Speaker 1: at age twelve, and now legislation and the interpretation of
- 14:00Speaker 1: that legislation threatens he will walk free.
- 14:07Speaker 3: Listen to more. He told police, I want to tell me.
- 14:10Speaker 5: What happened that night.
- 14:14Speaker 8: So I was parked downtown or some park along some
- 14:18Speaker 8: main street.
- 14:19Speaker 5: I went over seven eleven, got a quarter beer.
- 14:24Speaker 7: Went back sitting in the park head of my car parked.
- 14:28Speaker 5: Around the corner.
- 14:31Speaker 3: You know what's interesting, Eddie Fryar joining.
- 14:35Speaker 1: Me lead FBI agent on the polyclass missing turned murder case.
- 14:42Speaker 3: Eddie Fryer, I don't know if you've ever.
- 14:44Speaker 1: Noticed this or not, but I've dealt with a lot
- 14:46Speaker 1: of defendants and they'll start talking and they're very free
- 14:50Speaker 1: telling their story, and then all of a sudden, when
- 14:52Speaker 1: it gets to criminality, things quote get fuzzy, and that's
- 14:57Speaker 1: where they don't remember as well, the.
- 14:59Speaker 3: Part where he drags Pollie out of her bedroom.
- 15:02Speaker 9: That part absolutely in the case of Richard Allen Davis,
- 15:07Speaker 9: when he confesses, now, I don't like to call it
- 15:09Speaker 9: a confession because woefully short of a confession. His statement
- 15:14Speaker 9: is riddled with deceptions and lies and omissions.
- 15:18Speaker 7: And he press his story.
- 15:20Speaker 9: About being a pedalom that night, having a beer and
- 15:23Speaker 9: smoking a joint, and he somehow ends up in Paulie's house,
- 15:26Speaker 9: doesn't know why he picked that house, enters the bedroom.
- 15:30Speaker 9: He's kind of foggy about the events in the bedroom,
- 15:33Speaker 9: but he ends up taking Paulie out of the house,
- 15:36Speaker 9: puts her in the car, and he drives around that night.
- 15:39Speaker 9: It's late at night. He ends up on Pithian Road
- 15:44Speaker 9: and he gets the car stuck. He says he doesn't
- 15:48Speaker 9: know what to do. He gets her out of the
- 15:49Speaker 9: car and puts her up on the hillside just a
- 15:52Speaker 9: few feet away from the car. That's when he has
- 15:55Speaker 9: the encounter with the two sheriff's deputies. They ask wort
- 15:58Speaker 9: them off the property. He waits, he says, thirty minutes,
- 16:02Speaker 9: maybe a little bit longer. He goes back to get Polly,
- 16:06Speaker 9: finds her up on the hillside there, says she's unharmed,
- 16:11Speaker 9: just sitting there as if she was waiting for him
- 16:13Speaker 9: to come back. Gets her back in the car, driving
- 16:17Speaker 9: around a little bit longer that evening, ends up in Cloverdale.
- 16:23Speaker 9: He asks to get out of the car, and that's
- 16:25Speaker 9: when he says he strangles her and kills her up
- 16:28Speaker 9: there in Cloverdale.
- 16:30Speaker 7: Now he's questioned quite.
- 16:33Speaker 9: A bit about what he did with Pollie in those
- 16:37Speaker 9: hours after the kidnapping.
- 16:39Speaker 7: He's very evasive.
- 16:41Speaker 9: You can tell he's lying because of all the behavioral
- 16:44Speaker 9: characteristics in his tone. To pitch the worst, he uses
- 16:51Speaker 9: that sort of thing.
- 16:52Speaker 7: But clearly, clearly.
- 16:56Speaker 9: You know he missed going into the house, tying up
- 16:58Speaker 9: the girls taking Paulie out of the house and ultimately
- 17:02Speaker 9: killing her up in Cloverdale.
- 17:04Speaker 7: But he leaves a lot out of this story.
- 17:06Speaker 9: But the evidence says a lot happened between the kidnapping
- 17:11Speaker 9: and the eventual killing of Polly up in Cloverdale. A
- 17:14Speaker 9: lot happens, such as what well, when you examine the
- 17:17Speaker 9: crime scene up there on Pythian Road, and again that's
- 17:21Speaker 9: where he took Paulie after the kidnapping, the crime scene
- 17:25Speaker 9: itself suggests a lot. At the crime scene on the hillside,
- 17:28Speaker 9: we find a large men's black sweatshirt laying on the ground,
- 17:35Speaker 9: We find a condom, we find a condom wrapper, We
- 17:38Speaker 9: find red tis that belonged to Pauli, We find the.
- 17:43Speaker 10: Ground visibly disturbed.
- 17:47Speaker 9: All of that suggests that there are more than likely
- 17:51Speaker 9: with some sort of assault.
- 17:53Speaker 7: Up there on the hillside.
- 17:55Speaker 9: And then and then later when we cover the body
- 17:58Speaker 9: from Cloverdale, the state of her clothing on the body
- 18:03Speaker 9: suggests that there was something that happened to Paulie, either
- 18:07Speaker 9: up there on Pithyon Road or Cloverdale. And the jury,
- 18:13Speaker 9: the jury heard that evidence, they weighed all that evidence,
- 18:16Speaker 9: and they found that there was more than likely. And
- 18:18Speaker 9: I saw the poly class up on Pitheon Roape.
- 18:20Speaker 3: Mark class with us Polly's father Mark.
- 18:25Speaker 1: Usually I do not condone any misbehavior in a court
- 18:32Speaker 1: of law, but there was a moment in court that
- 18:36Speaker 1: you actually lunged at Richard Allen Davis. If you could
- 18:44Speaker 1: have gotten your hands around his neck, what would you
- 18:48Speaker 1: have done?
- 18:50Speaker 5: You know, I killed the son of Amish is what
- 18:54Speaker 5: I do. If I had an opportunity, I'd love to
- 18:57Speaker 5: put a bullet in his head. I'd love to choke
- 19:00Speaker 5: the life out of him. I'd love to treat him
- 19:03Speaker 5: the same way he treated my daughter. You know, he
- 19:06Speaker 5: just deserves nothing more and nothing less. Unfortunately, you know,
- 19:10Speaker 5: this guy's have the benefit of what do you call it?
- 19:12Speaker 5: Three squares in a.
- 19:14Speaker 3: Bed, three hots and a cot paid for by you.
- 19:19Speaker 1: I mean. And now because of this newly enacted legislation, uh,
- 19:26Speaker 1: and the way it's going to spin out and be interpreted,
- 19:29Speaker 1: he is now asking for a reversal. Guys, speaking of
- 19:35Speaker 1: what Richard Alan Davis said, listen.
- 19:41Speaker 5: He's.
- 19:44Speaker 2: About building him.
- 19:45Speaker 5: I'm just going to the window.
- 19:49Speaker 2: The problem you do get.
- 19:52Speaker 1: Someone and put them all light down or whatever?
- 20:00Speaker 2: Where were they? My guess.
- 20:11Speaker 1: There's three Okay, did you hear that? And I want
- 20:17Speaker 1: to go to doctor Sarah G. West, forensic psychiatrist specializing
- 20:23Speaker 1: in sexually deviant behavior.
- 20:25Speaker 3: You can find her at.
- 20:26Speaker 1: Forensic psychiatrist MD dot com, Professor Psychiatry, Case, Western Reserve
- 20:32Speaker 1: University School of Medicine, Doctor West, thank you for being
- 20:35Speaker 1: with us. Did you hear what he said? Right at
- 20:38Speaker 1: the beginning? Doctor West? He says things got fuzzy after that.
- 20:44Speaker 1: It's like he got transported. Have you ever seen Harry
- 20:48Speaker 1: Potter where they can transport to another location?
- 20:52Speaker 3: Just like that.
- 20:53Speaker 1: It's like he was riding around having a joint, drinking beer,
- 20:58Speaker 1: and then all of a sudden, he says, I guess
- 21:02Speaker 1: I went in and told them all to lie down
- 21:04Speaker 1: or whatever.
- 21:05Speaker 3: And where were they? In a bedroom? I guess there
- 21:09Speaker 3: were three of them in there. I guess He's like, WHOA,
- 21:12Speaker 3: why am I here with a knife in my hand?
- 21:15Speaker 3: How did that happen?
- 21:16Speaker 1: Because he broke in and threatened three little girls age
- 21:20Speaker 1: twelve with a knife, and he takes one out and rapes.
- 21:25Speaker 3: Her and murders her. Poly class.
- 21:28Speaker 1: So, in terms of memory lapses, I suspect that a
- 21:32Speaker 1: lot of defendants don't necessarily want to take ownership of
- 21:35Speaker 1: what they've done. I don't know that there could be
- 21:38Speaker 1: an actual memory lapse, more of just big answers to
- 21:42Speaker 1: avoid accountability. There's a very real possibility the slumber party
- 21:47Speaker 1: killer could walk free after kidnapping, raping, and murdering a
- 21:52Speaker 1: twelve year old girl that launched a lifetime of pain
- 21:58Speaker 1: for her father. My friend and Mark class talking about
- 22:02Speaker 1: the next thing.
- 22:03Speaker 3: I remember. I was driving down the road and I
- 22:06Speaker 3: heard in the.
- 22:07Speaker 1: Front seat got turned off some road. He's glazing over
- 22:14Speaker 1: everything he doesn't want us to know, but the.
- 22:16Speaker 5: Fact remains that he did what he did, and he
- 22:20Speaker 5: tossed her off the side of a freeway, and he
- 22:22Speaker 5: covered her with plywood and was somehow able to take
- 22:26Speaker 5: the authorities back two months later.
- 22:30Speaker 7: I don't know what to.
- 22:31Speaker 5: Say about anything that this guy does or says. It's
- 22:34Speaker 5: all self serving. It's all to help his situation, and
- 22:39Speaker 5: the last thing he wanted to do was go to
- 22:40Speaker 5: prison as a child rapist. I mean, there's even a
- 22:44Speaker 5: code of conduct within the prison walls, and these guys
- 22:47Speaker 5: are at the bottom rung, so you know he was
- 22:49Speaker 5: doing everything he could to mitigate his situation.
- 22:53Speaker 1: I guess if you have any doubt that this guy
- 22:56Speaker 1: is a stone cold killer and child rapist. Listen for
- 23:00Speaker 1: the words I strangled her.
- 23:04Speaker 2: I was at a.
- 23:04Speaker 1: Car and.
- 23:09Speaker 4: Well this's my stract her more, she's coming back far here,
- 23:17Speaker 4: back here.
- 23:19Speaker 8: Want she used to strangler's clause.
- 23:23Speaker 3: Joining me now.
- 23:23Speaker 1: In addition to Polly's a father, Mark Klass, and the
- 23:26Speaker 1: lead FBI agent on the case, Eddie Fryer, John Wolfolk, Reporter,
- 23:31Speaker 1: San Jose Mercury News. John Wolfolk, investigative reporter, thank you
- 23:37Speaker 1: for being with us. Tell me about the legislation.
- 23:40Speaker 11: So this was a bill that was designed to help
- 23:45Speaker 11: reduce the prison population in California. And the idea was
- 23:50Speaker 11: that people who had a sentencing enhancement for prior convictions,
- 23:57Speaker 11: that some of those would not be counted. And this
- 24:02Speaker 11: particular bill was retroactive, and so it applied that retroactively
- 24:09Speaker 11: to people who had already been convicted and were serving
- 24:13Speaker 11: time for sentencing enhancements that under recent legislation would not
- 24:21Speaker 11: be allowed. So now I spoke to the man that
- 24:28Speaker 11: passed that law, Ben Allen. He's a assemblyman from southern California.
- 24:35Speaker 11: But he he told me, in no uncertain terms, he
- 24:40Speaker 11: did not think that his law would apply in this
- 24:44Speaker 11: case or lead to the undoing of any death sentences
- 24:54Speaker 11: for convicted killers.
- 24:56Speaker 1: Really, so is that what Assembleman Ben Allen thinks he
- 25:00Speaker 1: thinks is somehow Richard Allen Davis is going to be
- 25:03Speaker 1: treated differently?
- 25:05Speaker 3: Guys.
- 25:05Speaker 1: Richard Allen Davis, convicted of murdering poly Class, seeks to
- 25:10Speaker 1: have his death sentence overturned. Legal motions are happening now
- 25:14Speaker 1: to make that happen. Mark Class, joining me Polly's father
- 25:18Speaker 1: in addition to John Woolfolk the San Jose Mercury News,
- 25:21Speaker 1: Mark Class, did you ask to find out how many inmates,
- 25:28Speaker 1: including killers, rapist, child molesters this new legislation spearheaded by
- 25:36Speaker 1: Ben Allen, the Assemblyman, how many inmates it would affect?
- 25:41Speaker 5: Yes, of course I did, because I kept reading about
- 25:44Speaker 5: this list. So I contacted the CDCR, the California Department
- 25:49Speaker 5: of Corruptions and Rehabilitation. I made a freedom of information
- 25:53Speaker 5: request and was ultimately sent a list of about ninety
- 25:58Speaker 5: three to ninety five hundred names. So the thing is,
- 26:03Speaker 5: besides my family having to go through this, there are
- 26:07Speaker 5: ninety five hundred other victim's families that are going to
- 26:12Speaker 5: have to relive their pain. They're going to have to
- 26:14Speaker 5: take their case back to court. District attorneys throughout California
- 26:20Speaker 5: are going to have to prepare ninety five hundred briefs
- 26:24Speaker 5: for these and tie up court resources for possibly years
- 26:28Speaker 5: to come. And that's one of the main reasons that
- 26:31Speaker 5: I brought attention to this. I just think it's completely
- 26:34Speaker 5: outrageous that the guy that wrote the bill didn't even
- 26:38Speaker 5: understand what he was doing. And the consequence is that
- 26:41Speaker 5: monsters are going to be given an opportunity to get
- 26:44Speaker 5: back into society, and you're dealing with ninety five hundred
- 26:49Speaker 5: of them, you better believe that some are going to
- 26:52Speaker 5: fall through the cracks. So our case really is nothing
- 26:55Speaker 5: more than the tip of the iceberg.
- 26:57Speaker 1: At to Sam Dordulian, sex sole lawyer, former La County
- 27:02Speaker 1: sex crimes prosecutor and founder of the Dordoulian Law Group,
- 27:07Speaker 1: who now represents sex attacked victims, how is it that
- 27:13Speaker 1: this guy, Ben Allen, the Assemblyman, doesn't even understand the
- 27:17Speaker 1: implications of the law that he got passed, and all
- 27:22Speaker 1: in an effort to help quote, reduce prison population.
- 27:27Speaker 3: What about innocent people like Polly? What about all the.
- 27:31Speaker 1: Innocent children, women, victims waiting to become people waiting to
- 27:38Speaker 1: become victims when these guys are let out of the penitentiary.
- 27:42Speaker 8: People pass these laws focused, especially in the last ten
- 27:45Speaker 8: years in California, on these supposed progressive agendas. I don't
- 27:49Speaker 8: see anything progressive about these legislations, But the focus is
- 27:53Speaker 8: on the criminals. Never once do these legislators think about
- 27:57Speaker 8: what will be the impact on the victims, will be
- 28:00Speaker 8: the impact on the survivors and the victims of these families.
- 28:05Speaker 8: That's never in consideration. It's all about how is this
- 28:09Speaker 8: going to impact the criminal and what are we going
- 28:12Speaker 8: to do to see helping them out? And that seems
- 28:14Speaker 8: to be the focus. And it has to stop because
- 28:17Speaker 8: allowing a man like this, and I say man's probably
- 28:20Speaker 8: more like an animal, to be returned back into siety,
- 28:23Speaker 8: or at least have that opportunity to be returned back insidety,
- 28:26Speaker 8: is just not something that we should ever ever consider.
- 28:30Speaker 3: Two Mark Classes is Polly's father. Mark.
- 28:35Speaker 1: Could you believe it when you heard about this legislation?
- 28:39Speaker 7: Well, I don't know.
- 28:41Speaker 5: I mean, since twenty eleven, the state of California has
- 28:45Speaker 5: been doing everything they can to empty the prisons. Negate
- 28:50Speaker 5: or eliminate the death penalty, kill the three strikes law.
- 28:57Speaker 5: And as your previous guest said, it's all do to
- 29:00Speaker 5: help the criminal and there's absolutely no consideration at all
- 29:04Speaker 5: given to the crime victims community. They could care less
- 29:08Speaker 5: about us. I know that for a fact. So I
- 29:11Speaker 5: was surprised, I guess to some degree. But you know,
- 29:17Speaker 5: it didn't hit me like a sledgehammer, because it's expected
- 29:20Speaker 5: in the California legislature now for these kinds of things
- 29:24Speaker 5: to happen. It's just an erosion of public safety, one
- 29:27Speaker 5: after another after another. And although they claim that the
- 29:33Speaker 5: crime statistics have gone on, you have to look deep
- 29:36Speaker 5: into that and see how crime has been skewered in California.
- 29:42Speaker 5: People will tell you one after another that crime is
- 29:46Speaker 5: going up and up and up, and you can just
- 29:48Speaker 5: see it in San Francisco with every major retailer practically
- 29:52Speaker 5: that exists is pulling out of that city because of crime.
- 29:56Speaker 5: And it's the same with violent crime. So was I surprised,
- 29:59Speaker 5: I guess to some love. While was surprised, but it
- 30:02Speaker 5: wasn't the body shock that it might be in some
- 30:04Speaker 5: other place, because California has been moving down this path
- 30:07Speaker 5: for a long time. Now Governor Jerry Brown and now Newsom,
- 30:11Speaker 5: they love to sign this kind of legislation. They violent criminals,
- 30:17Speaker 5: have an amazing and great advocate in Sacramento, and it
- 30:24Speaker 5: happens to be the governor.
- 30:25Speaker 1: This is a crime that struck fear into the hearts
- 30:29Speaker 1: of parents across the country, across the world. This family
- 30:35Speaker 1: did everything right. Mom was at home sleeping next to
- 30:40Speaker 1: her daughter in another bedroom with another daughter, when out
- 30:47Speaker 1: of the blue, in the middle of the night, incomes
- 30:51Speaker 1: Richard Allen Davis and kidnaps Polly with a knife. The
- 30:57Speaker 1: search following that was horrific, with Mark Klass doing everything
- 31:05Speaker 1: he could think of to bring Polly home alive. Mark,
- 31:11Speaker 1: do you remember when you learned that Polly's leggings had
- 31:16Speaker 1: been found what she had been wearing.
- 31:18Speaker 5: Yes, I do remember that. I remember it specifically. It
- 31:21Speaker 5: was during a meeting with two law enforcement officials. Eddie
- 31:25Speaker 5: wasn't part of that meeting, and they told us that
- 31:29Speaker 5: they had found these things at the Pythian Road location
- 31:34Speaker 5: where Dana Jaffey discovered them, and they then tried to
- 31:37Speaker 5: convince me that Polly was dead, and it became an
- 31:41Speaker 5: unbelievably contentious meeting because even at that point I wasn't
- 31:45Speaker 5: willing to accept the obvious. I felt that she was
- 31:48Speaker 5: alive and that all he had to do was talk
- 31:53Speaker 5: to Davis and convince him to tell us where she
- 31:55Speaker 5: had hit him. And it was I guess five days
- 31:58Speaker 5: later that they das truth was ultimately.
- 32:02Speaker 3: Revealed two Doctor Sarah G.
- 32:20Speaker 1: West, Associate Professor Psychiatry, Case Western Reserve. Doctor West, I
- 32:26Speaker 1: had a similar reaction, and I think many crime victims
- 32:31Speaker 1: family murder victims' families do. They don't believe it, They
- 32:35Speaker 1: refuse to believe it, and they can caught all sorts
- 32:38Speaker 1: of scenarios other than the one I love.
- 32:42Speaker 3: Is, did they've been murdered? What is that?
- 32:45Speaker 8: I suspect Nancy that that has something to do with
- 32:47Speaker 8: the brain being self protective.
- 32:50Speaker 1: Of course, recognizing and acknowledging trauma to that level, it's
- 32:54Speaker 1: a very difficult.
- 32:55Speaker 10: Thing to do.
- 32:56Speaker 1: To Eddie Fryer joining us, the lead FBI agent in
- 32:59Speaker 1: the Polychlass case, what is your recollection of the search
- 33:04Speaker 1: for Polly?
- 33:05Speaker 10: Oh my gosh, that effort by all stakes.
- 33:10Speaker 9: I'm not just saying law enforcement agencies, but nonprofit.
- 33:15Speaker 10: Search groups, the community, the family.
- 33:19Speaker 7: It was.
- 33:20Speaker 9: It was a unified effort by everybody, NonStop for sixty
- 33:27Speaker 9: days that we searched for Polly. There wasn't a stone
- 33:31Speaker 9: that we didn't look under. There wasn't a lead that
- 33:34Speaker 9: we didn't pursue. We had over sixty thousand tips in
- 33:38Speaker 9: sixty days, twelve thousand plus actionable leads.
- 33:43Speaker 10: That is unheard of in that amount of time.
- 33:47Speaker 7: And we had we.
- 33:48Speaker 9: Had, if not dozens hundreds of agents and detectives working
- 33:54Speaker 9: every day, tirelessly, NonStop, twenty four to seven for one purpose, only,
- 34:00Speaker 9: nasty one purpose, only find Poly Class and to bring
- 34:04Speaker 9: her home.
- 34:04Speaker 1: When I look at Richard Allen Davis smirking in court
- 34:09Speaker 1: as Mark Class talks about the murder of his daughter,
- 34:15Speaker 1: I just want to snap his head off. And this
- 34:19Speaker 1: is who may walk free due to enlightened legislation spearheaded
- 34:26Speaker 1: by Ben Allen, the Assemblyman in California, potentially affecting over
- 34:34Speaker 1: nine thousand violent inmates that could be released in an
- 34:40Speaker 1: effort to help reduce prison population.
- 34:44Speaker 3: I mean, John Woolfolk, investigative.
- 34:47Speaker 1: Reporter Santa's a Mercury News, what exactly does the legislation do?
- 34:52Speaker 3: Break it down for me?
- 34:53Speaker 11: State Senator Alan's bill extended some other legislation retro actively
- 35:02Speaker 11: to affect old cases, including mister Davis's.
- 35:06Speaker 7: He had.
- 35:10Speaker 11: Among the things he was convicted of is as you mentioned,
- 35:13Speaker 11: he had a lot of prior crimes and convictions, and
- 35:19Speaker 11: under the law at the time, you would get additional
- 35:22Speaker 11: sentencing enhancements for those. More recent legislation struck some of those,
- 35:29Speaker 11: and Senator Allen's bill extended that retroactively.
- 35:35Speaker 1: So in other words, any type of similar transactions or
- 35:40Speaker 1: prior convictions would.
- 35:42Speaker 3: Be watered down.
- 35:43Speaker 1: It would not be any justification or any aggravating factor
- 35:48Speaker 1: at a DP death penalty trial.
- 35:50Speaker 3: So how do we.
- 35:51Speaker 1: Go about stopping this from happening, Mark Class, Well, we do.
- 35:56Speaker 5: It's the only thing we can do. It's into the
- 35:58Speaker 5: penal code now, so you have to reverse the penal
- 36:01Speaker 5: code yet again. But with the current state of the legislature,
- 36:05Speaker 5: that will never happen. These people are intent on one
- 36:08Speaker 5: thing under the leadership of the governor or three things.
- 36:11Speaker 5: They're intent on eliminating the prisons I think. I mean,
- 36:15Speaker 5: they're already they're down to seventy seven thousand people. These
- 36:18Speaker 5: are not overcrowded prisons. And believe me, after all of
- 36:22Speaker 5: the people that have been released. These are terrible people
- 36:25Speaker 5: that are still in our prison system. They're trying to
- 36:28Speaker 5: do that. They're trying to kill three strikes and I
- 36:30Speaker 5: think I've mentioned it before. They're trying to finally and
- 36:33Speaker 5: once and for all eliminate the death penalty within California.
- 36:37Speaker 5: And each and every one of these measures is designed
- 36:41Speaker 5: to do nothing more than benefit the criminals and hurt
- 36:45Speaker 5: the victim's community.
- 36:47Speaker 7: And that's just.
- 36:47Speaker 5: Appalling, immoral, it's illogical, it's just the worst.
- 36:52Speaker 1: You know, Mark Class and all the times we've spoken
- 36:56Speaker 1: about Polly, you are very surgical and your analysis of
- 37:05Speaker 1: what happened when you retail, what happened to Polly and
- 37:09Speaker 1: what it has done to your life. The burden that
- 37:14Speaker 1: you carry, the banner you wave helping crime victims and
- 37:21Speaker 1: dealing with Polly's murder, is it ever too much, too
- 37:27Speaker 1: heavy of a burden for you.
- 37:28Speaker 5: Well, yeah, it's become kind of overwhelming. And that's why
- 37:33Speaker 5: we're closing the Class Kids Foundation at the end of
- 37:36Speaker 5: this year. Is just carrying the burden for thirty years,
- 37:42Speaker 5: is carrying other people's burden? Is what was my own
- 37:45Speaker 5: for thirty years? Is an awful lot and I can
- 37:50Speaker 5: continue to carry mine. I have no choice about that.
- 37:53Speaker 5: But as for the rest, I'm I'm worn out. You know,
- 38:02Speaker 5: I'm I'm wasted. There's very little left.
- 38:07Speaker 3: And now this and now this. Yeah, let your voice
- 38:13Speaker 3: be heard.
- 38:14Speaker 1: Nine one six four, four five two eight four to
- 38:18Speaker 1: one repeat nine one six, four four five two eight
- 38:24Speaker 1: for one. We stop now and remember. American Hero Police
- 38:29Speaker 1: Officer Justin Hare, just thirty five, shot dead trying to
- 38:34Speaker 1: help a disabled vehicle, New Mexico. A family man expecting
- 38:39Speaker 1: a third child with long time fiance Desiree. He leaves
- 38:46Speaker 1: behind his parents, fiance, and two daughters. American Hero Justin Hare,
- 38:55Speaker 1: Nancy Grace signing off, goodbye friend,