Latest / History Dark / Her Murder devastated the tiny town _ Murder of Jodi Jones _ True Crime Central

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Her Murder devastated the tiny town _ Murder of Jodi Jones _ True Crime Central · History Dark

• 0:05
  Speaker 1: It was late at night, it was dark, it was
• 0:07
  Speaker 1: in the woods. I was shining the torch ahead of
• 0:14
  Speaker 1: me and I saw something light and white. And as
• 0:22
  Speaker 1: I got closer, I realized that it was Jodie and
• 0:30
  Speaker 1: she was dead.
• 0:39
  Speaker 2: It's being described by police as one of the most
• 0:42
  Speaker 2: violent murders in a generation.
• 0:46
  Speaker 3: This would have been a bloodbath.
• 0:48
  Speaker 4: 14-year-old schoolgirl killed in broad daylight. Jodie Jones had everything
• 0:52
  Speaker 4: to live for, but her life was cut cruelly short
• 0:55
  Speaker 4: when she was brutally attacked.
• 0:57
  Speaker 5: She'd put up an enormous fight.
• 1:00
  Speaker 2: There was evidence of a struggle. The area was heavily bloodstained.
• 1:04
  Speaker 5: She was virtually decapitated.
• 1:07
  Speaker 6: This was.
• 1:08
  Speaker 7: Probably the most shocking and horrific murder in Scottish criminal history.
• 1:19
  Speaker 8: Children being accused of horrendous crimes tends to attract a
• 1:25
  Speaker 8: massive amount of outrage.
• 1:29
  Speaker 6: He was a Satan-worshipping, scary, gothic character.
• 1:33
  Speaker 9: This is a little village, and we've got a devil worshipper.
• 1:39
  Speaker 9: You can just imagine the fear.
• 1:45
  Speaker 2: Mitchell was convicted and jailed for a minimum of 20 years.
• 1:49
  Speaker 3: Mrs Jones, are you happy that justice has been served today?
• 2:04
  Speaker 1: I've been locked up for a crime I did not commit.
• 2:07
  Speaker 1: I can't be more clear. I absolutely did not kill Dodie.
• 2:48
  Speaker 5: Dalkeith is the biggest town in this area.
• 2:51
  Speaker 9: Originally a market town, about eight miles from Edinburgh. In
• 2:56
  Speaker 9: a sort of semicircle, there's maybe half a dozen little
• 2:59
  Speaker 9: interlinked villages. Some of them were mining villages, some of
• 3:03
  Speaker 9: them grew up out of the market town of Dalkeith.
• 3:07
  Speaker 5: Nothing ever really happens here. It's an ordinary place with
• 3:11
  Speaker 5: ordinary people.
• 3:15
  Speaker 10: Teenagers Jodie Jones and Luke Mitchell lived in the neighbouring
• 3:19
  Speaker 10: villages of East Houses and New Battle. They had been
• 3:23
  Speaker 10: dating for five months.
• 3:26
  Speaker 11: I met her a few times, not a lot, but
• 3:28
  Speaker 11: I met her a few times. Typical 14-year-old, shy but
• 3:33
  Speaker 11: not to the awkward stage and not cocky, just A lovely,
• 3:38
  Speaker 11: well-mannered wee girl.
• 3:42
  Speaker 10: 30th of June, 2003. Jodie and Luke arranged to meet
• 3:47
  Speaker 10: as usual after dinner.
• 3:50
  Speaker 12: A very, very ordinary Monday. Couldn't have been more ordinary.
• 3:54
  Speaker 12: As it turned out, it wasn't, was it?
• 4:06
  Speaker 10: Jodie doesn't arrive to meet Luke, and just after 10pm,
• 4:10
  Speaker 10: her family realise she hasn't been seen since 5 o'clock.
• 4:14
  Speaker 10: A search party is arranged to find her.
• 4:20
  Speaker 11: Luke came to me in a bit of a state, saying,
• 4:24
  Speaker 11: Jodie's missing. And he borrowed the torch and off they went.
• 4:32
  Speaker 10: Luke meets Jodie's family at the top of Rowan's Dyke Path,
• 4:37
  Speaker 10: a woodland shortcut connecting both their homes.
• 4:43
  Speaker 9: Waiting for him at the top of the path where
• 4:46
  Speaker 9: Judy's sister Janine, our gran Alice, and Janine's boyfriend Stephen Kelly.
• 4:53
  Speaker 9: So they all set off down the path and they're
• 4:58
  Speaker 9: just past this break in the wall and Luke goes
• 5:02
  Speaker 9: over the wall and he calls out, I think there's
• 5:06
  Speaker 9: something here. The sister's boyfriend, Stephen Kelly, then goes over
• 5:10
  Speaker 9: the wall and the granny, well, she wants to see
• 5:13
  Speaker 9: for herself what's there. And she started screaming. Jodie had
• 5:24
  Speaker 9: been beaten. Her hair had been pulled out by the roots.
• 5:30
  Speaker 9: She'd been strangled. Her throat was cut between 12 and
• 5:34
  Speaker 9: 20 times. She was virtually decapitated.
• 5:41
  Speaker 2: Jodie Jones was found hidden in woodland on the other
• 5:44
  Speaker 2: side of a wall running alongside a path. Tonight there
• 5:46
  Speaker 2: is a very real deep sense of shock that a
• 5:49
  Speaker 2: crime like this has happened here.
• 5:57
  Speaker 9: From the minute the news of the murder broke on
• 6:01
  Speaker 9: the morning of July.
• 6:03
  Speaker 5: 1st, the hysteria... the.
• 6:07
  Speaker 9: Relentless media coverage, the fear, the fact that something like
• 6:12
  Speaker 9: that could happen in this area.
• 6:16
  Speaker 2: Detectives have warned Dalkeith teenagers starting the summer break to
• 6:20
  Speaker 2: be on their guard.
• 6:21
  Speaker 9: It was a maniac roaming among us. Police have staged
• 6:27
  Speaker 9: a reconstruction of the last known movements of murder teenager
• 6:31
  Speaker 9: Jodie Jones.
• 6:32
  Speaker 3: Tonight, motorists were being asked if they were here a
• 6:35
  Speaker 3: week ago.
• 6:36
  Speaker 2: Jodie's clothes are undergoing forensic examination.
• 6:42
  Speaker 11: I got a call from a police officer they wouldn't
• 6:45
  Speaker 11: tell me what had happened just that they were taking
• 6:50
  Speaker 11: Luke and Mia, our dog to the police station and
• 6:54
  Speaker 11: could I meet them there.
• 6:57
  Speaker 12: Then we were questioned.
• 6:58
  Speaker 11: About that night and they tape your conversations and My
• 7:05
  Speaker 11: tape was marked witness, and I noticed that Luke's tape
• 7:10
  Speaker 11: was marked suspect.
• 7:13
  Speaker 10: It appeared that Luke Mitchell was now prime suspect. Police
• 7:18
  Speaker 10: believed he had led the search party to Jodie's body,
• 7:22
  Speaker 10: a location only her killer could have known. It seemed
• 7:35
  Speaker 10: 14-year-old Luke Mitchell had become the prime suspect in his
• 7:39
  Speaker 10: girlfriend's murder. A police search of his house revealed more
• 7:46
  Speaker 10: about his character.
• 7:49
  Speaker 7: Mitchell had really highly peculiar habits at home. He was
• 7:56
  Speaker 7: storing up jars of urine in his room. He was
• 8:01
  Speaker 7: a dope-smoking, kind of feral youth. scary gothic character.
• 8:09
  Speaker 5: They found satanic slogans on his school jotters.
• 8:14
  Speaker 9: And one of the things that made this case seem
• 8:16
  Speaker 9: really scary, really terrifying, was this emphasis that Luke Mitchell
• 8:21
  Speaker 9: was a devil worshipper. That he was into the occult.
• 8:32
  Speaker 9: And he was obsessed by the Black Dahlia murders.
• 8:38
  Speaker 10: Jodie's injuries were said to have some similarity to those
• 8:42
  Speaker 10: of a murder victim known as the Black Dahlia, a
• 8:45
  Speaker 10: young woman who had been mutilated in a ritualistic killing.
• 8:51
  Speaker 7: The Black Dahlia case was the killing of a young
• 8:53
  Speaker 7: woman called Elizabeth Short in Los Angeles in 1947. She
• 9:00
  Speaker 7: was found horribly mutilated. She'd been severed in two, so
• 9:06
  Speaker 7: the legs and the torso had been separated. Was Mitchell
• 9:10
  Speaker 7: inspired by the Black Delia?
• 9:16
  Speaker 10: The case against Luke Mitchell was building. The police were
• 9:20
  Speaker 10: closing in, and the press began to name him as
• 9:24
  Speaker 10: the main suspect.
• 9:29
  Speaker 7: This stuff was being gobbled up insatiably in broadsheets as
• 9:33
  Speaker 7: well as tabloids. It's got a kind of horror movie
• 9:37
  Speaker 7: element to it. You know, this is about a young
• 9:39
  Speaker 7: girl who's 14 who's found brutally murdered. Add in that,
• 9:44
  Speaker 7: all that crazy stuff around devil worship and drugs, and
• 9:47
  Speaker 7: you have a really kind of toxic brew that people
• 9:52
  Speaker 7: couldn't get enough of.
• 9:55
  Speaker 12: The press just ran amok.
• 10:00
  Speaker 11: They were virtually camped outside our door with their sandwiches
• 10:03
  Speaker 11: and flasks, flinging themselves on my car when my car
• 10:07
  Speaker 11: left the driveway, just.
• 10:09
  Speaker 12: To get a close-up of Luke.
• 10:14
  Speaker 7: There was the story which became enormous of Luke Mitchell
• 10:18
  Speaker 7: being asked not to attend the funeral of Jodie Jones.
• 10:22
  Speaker 12: We weren't allowed to go to Jodie's funeral. And I
• 10:25
  Speaker 12: asked why.
• 10:26
  Speaker 11: And they said because the family were frightened that we
• 10:32
  Speaker 11: would turn it into a circus.
• 10:37
  Speaker 7: On the day that the funeral happened, he decided to
• 10:41
  Speaker 7: sit down with Sky News.
• 10:42
  Speaker 6: And do an interview.
• 10:45
  Speaker 11: Skye came to my door and I told them, yes,
• 10:50
  Speaker 11: we were having a vigil for Jodie. So they asked
• 10:57
  Speaker 11: if they could come in to witness that. I thought,
• 11:02
  Speaker 11: what harm.
• 11:02
  Speaker 12: Can it do?
• 11:03
  Speaker 11: In fact, I thought it would do better because there
• 11:10
  Speaker 11: was a whisper of, say, Luke, not caring a jot,
• 11:16
  Speaker 11: and he was unemotional, and he was this, that, and
• 11:18
  Speaker 11: the other. And I thought, well, at least if we
• 11:20
  Speaker 11: show them this, then at least they know we are
• 11:25
  Speaker 11: thinking about her, and we do have emotions and whatnot.
• 11:29
  Speaker 12: So I let them in.
• 11:31
  Speaker 11: And basically that horrible little man started almost interviewing Luke.
• 11:39
  Speaker 5: What would you say to those who would look at you.
• 11:43
  Speaker 9: And think, He killed his girlfriend.
• 11:47
  Speaker 13: I just said they're being naive.
• 11:50
  Speaker 14: Not to believe everything you read in the papers.
• 11:53
  Speaker 6: It's trial by media.
• 11:56
  Speaker 7: The interview itself had a rather unpleasant sort of vibe
• 12:00
  Speaker 7: to it.
• 12:01
  Speaker 1: The police and accusations and things, I couldn't care about.
• 12:05
  Speaker 6: It was just.
• 12:10
  Speaker 13: Just want to find out what happened and who did it.
• 12:14
  Speaker 6: It felt strange to watch.
• 12:16
  Speaker 7: There was judgments made about the relationship between Mitchell and
• 12:20
  Speaker 7: his mother. It added to the creepiness and the disturbing
• 12:24
  Speaker 7: nature of the story.
• 12:25
  Speaker 9: The headlines the day after that. Screeching headlines. How could you?
• 12:32
  Speaker 12: Yeah, the public turned against us with that one.
• 12:45
  Speaker 4: A 15-year-old boy has been remanded in custody after appearing
• 12:49
  Speaker 4: in court charged with the murder of Jodie Jones.
• 12:53
  Speaker 10: Luke Mitchell was finally arrested on 14 April 2004, ten
• 12:58
  Speaker 10: months after Jodie's murder.
• 13:01
  Speaker 2: At around 7.30, the police arrested the youth at his
• 13:04
  Speaker 2: home and brought him back here to the station.
• 13:07
  Speaker 10: His alibi that he was at home cooking dinner was
• 13:09
  Speaker 10: rejected and his mother and older brother were arrested.
• 13:13
  Speaker 2: We understand that she's going to be charged with attempting
• 13:16
  Speaker 2: to prevent the course of justice in connection with this case.
• 13:21
  Speaker 10: The final plank in the police case against Luke Mitchell
• 13:25
  Speaker 10: was that his mother gave a false alibi to protect him.
• 13:48
  Speaker 15: Innocent or guilt, there's something wrong with this conviction.
• 13:55
  Speaker 8: We have a 14-year-old boy, and despite extensive investigation, there
• 13:59
  Speaker 8: is no forensic evidence to link him to the crime.
• 14:04
  Speaker 16: The evidence is insufficient to say beyond a reasonable doubt
• 14:07
  Speaker 16: that this was Luke Mitchell that committed this murder.
• 14:11
  Speaker 9: We're going to find somebody guilty. It has to be
• 14:13
  Speaker 9: on the basis of solid evidence beyond reasonable doubt. That
• 14:17
  Speaker 9: hasn't happened in Luke's case.
• 14:20
  Speaker 15: We're talking about a person's life, and you need science
• 14:27
  Speaker 15: to put someone in jail.
• 14:29
  Speaker 3: I've not spoken out in all this time.
• 14:48
  Speaker 1: Because every time I've tried to speak out, I've been
• 14:52
  Speaker 1: shouted down and just been called evil and manipulative and twisted.
• 14:58
  Speaker 1: Can't be more clear. I absolutely did not kill Jodie.
• 15:03
  Speaker 1: And I've been locked up for a crime I did
• 15:05
  Speaker 1: not commit.
• 15:05
  Speaker 3: I will not admit to something I've not done.
• 15:12
  Speaker 1: I want to clear my name.
• 15:25
  Speaker 3: My name is John Salins, I'm 27 years a police officer.
• 15:28
  Speaker 3: Most of my time as a detective, I worked in
• 15:31
  Speaker 3: many high profile inquiries, murders, terrorism, serious and organised crime.
• 15:37
  Speaker 3: I spent most of my time in the CID.
• 15:44
  Speaker 14: My name is Michael Neil. Started off as a uniformed
• 15:47
  Speaker 14: officer in the north of Glasgow, trained as a firearms
• 15:50
  Speaker 14: officer during that time and then moved into the CID arena.
• 15:54
  Speaker 14: Spent the majority of my career after that as a detective.
• 15:58
  Speaker 14: John and I now run our own private investigation company.
• 16:10
  Speaker 10: With a combined 50 years' experience, the former detectives have agreed,
• 16:15
  Speaker 10: for the purposes of this documentary, to re-examine the case
• 16:18
  Speaker 10: against Luke Mitchell.
• 16:22
  Speaker 14: The difficulty of being asked to We investigate a case
• 16:25
  Speaker 14: that's 17 years old. And in this case, especially where
• 16:29
  Speaker 14: someone's been convicted of that murder and been in prison,
• 16:33
  Speaker 14: I suppose the biggest difficulty for John and I will
• 16:34
  Speaker 14: be to keep an open mind.
• 16:38
  Speaker 3: It may well be the case that we think Luke
• 16:41
  Speaker 3: Mitchell is Gilly, but we don't know until both of
• 16:44
  Speaker 3: us have investigated it.
• 16:47
  Speaker 14: We'll start right at the beginning. What do we know,
• 16:51
  Speaker 14: the basics, what do we know about this case?
• 16:53
  Speaker 3: You know, look, Macho was found guilty by a majority verdict.
• 16:59
  Speaker 14: 14-year-old at the time of the murder, 16-year-old at the
• 17:01
  Speaker 14: time of the trial, OK? Sentenced to life with a
• 17:05
  Speaker 14: minimum of 20 years.
• 17:08
  Speaker 3: We're doing things retrospectively now. Without the full knowledge of
• 17:11
  Speaker 3: what the investigation team carried out, we're just trying to
• 17:14
  Speaker 3: conduct this investigation based on our own experience and things
• 17:17
  Speaker 3: that we would have done at the time. What have
• 17:19
  Speaker 3: we got forensically? There's absolutely nothing forensically. It's a circumstantial case.
• 17:23
  Speaker 3: You would think, considering the brutality of that murder, there
• 17:27
  Speaker 3: would have been something forensically. Luke is maintaining his innocence.
• 17:31
  Speaker 3: He had the opportunity to say he was guilty of
• 17:34
  Speaker 3: this and it would have made a difference to his
• 17:37
  Speaker 3: length of sentence, but he's adamant that he hasn't committed
• 17:39
  Speaker 3: this murder.
• 17:40
  Speaker 14: Right, OK. Right, so why don't we go through there
• 17:45
  Speaker 14: and visit the crime scene?
• 17:46
  Speaker 3: We'll certainly go out and get a feel for it.
• 17:48
  Speaker 3: We'll do that. It's a lovely place as well, innit?
• 18:02
  Speaker 3: This wee quiet town.
• 18:05
  Speaker 14: I think we're far away now.
• 18:11
  Speaker 3: That's it there, that path there. So it is, yeah.
• 18:17
  Speaker 3: Let's go. So it's just a straight track up here, right?
• 18:28
  Speaker 3: I was a crime scene manager. for about five years.
• 18:30
  Speaker 3: You've got to think about the suspect.
• 18:36
  Speaker 14: What can I take from this that's going to help
• 18:38
  Speaker 14: me find out who has committed this crime? If you
• 18:43
  Speaker 14: can retrieve evidence from the actual scene of the crime,
• 18:46
  Speaker 14: linking the accused to the crime, it doesn't get any
• 18:50
  Speaker 14: better than that.
• 18:52
  Speaker 3: Is that it?
• 18:53
  Speaker 1: That is.
• 19:00
  Speaker 3: We're just trying to establish exactly where the body was found.
• 19:05
  Speaker 3: It's hard to see him. You're talking 17 years ago
• 19:07
  Speaker 3: for this bit. This bit here.
• 19:08
  Speaker 6: See it?
• 19:08
  Speaker 3: Look at the lady. You could have put me into
• 19:12
  Speaker 3: the position. Hands behind my back.
• 19:18
  Speaker 14: Jodie had injuries to her throat area. Her throat was cut.
• 19:22
  Speaker 14: She'd suffered slacks marks from the right-hand side of her
• 19:26
  Speaker 14: mouth towards her ear, halfway towards her ear.
• 19:29
  Speaker 3: There was.
• 19:31
  Speaker 14: Incised wounds to her forearms, her.
• 19:34
  Speaker 3: Breast, her eyelids, her abdomen area.
• 19:37
  Speaker 14: Her hands had been tied behind her back using her
• 19:39
  Speaker 14: own trousers. We're painting a picture here and it sounds
• 19:44
  Speaker 14: gruesome but trust me it's horrendous, the injuries Jodie received,
• 19:49
  Speaker 14: absolutely horrendous.
• 19:51
  Speaker 6: This would.
• 19:54
  Speaker 3: Have been a bloodbath the person that carried out this
• 19:58
  Speaker 3: brutal murder would have definitely had blood on him and
• 20:02
  Speaker 3: some defensive injuries Jodie put up a fight so there
• 20:07
  Speaker 3: was every likelihood he'd had scratches and bruises.
• 20:11
  Speaker 16: Given the amount of blood that was generated, I would
• 20:17
  Speaker 16: say that there should be a reasonable chance, a reasonable
• 20:20
  Speaker 16: expectation of finding some kind of evidence being transferred from
• 20:26
  Speaker 16: the victim to the assailant.
• 20:31
  Speaker 10: Forensic teams removed more than 100 items of evidence from
• 20:34
  Speaker 10: the murder scene, including hair, saliva, semen and blood.
• 20:42
  Speaker 9: People assumed that there must have been masses of DNA
• 20:47
  Speaker 9: that linked Luke to the case, identified Luke as the killer.
• 20:52
  Speaker 9: It comes as a bit of a shock to most
• 20:54
  Speaker 9: people to realise there was no DNA whatsoever to link
• 21:00
  Speaker 9: Luke to the murder, to the murder scene, or to
• 21:04
  Speaker 9: link Jodie to Luke.
• 21:07
  Speaker 5: So, nothing.
• 21:12
  Speaker 3: They find nothing in such a brutal crime scene as this.
• 21:15
  Speaker 3: Bear in mind that Luke Mitchell's fingernails were scraped and
• 21:17
  Speaker 3: they had dirt in them. If he'd washed, that wouldn't
• 21:20
  Speaker 3: have been the case.
• 21:20
  Speaker 14: We're talking about a mutilation.
• 21:23
  Speaker 3: I mean, it's horrific.
• 21:25
  Speaker 14: Absolutely horrific what's taking place. So to get out of here,
• 21:28
  Speaker 14: get home, destroy everything, every single piece of DNA evidence
• 21:32
  Speaker 14: that could possibly be on your body, I find it unbelievable.
• 21:36
  Speaker 5: There was DNA, male DNA, at the scene. and on
• 21:42
  Speaker 5: the body. But it wasn't Luke's.
• 21:48
  Speaker 10: Forensics found DNA on a bloodstain on Jodie's T-shirt. DNA
• 21:54
  Speaker 10: from Stephen Kelly, Jodie's sister's boyfriend.
• 21:59
  Speaker 3: That implicates Stephen Kelly more than it implicates Luke Mitchell
• 22:02
  Speaker 3: because there was nothing found from Luke Mitchell.
• 22:05
  Speaker 9: This was the only full DNA profile they had from
• 22:10
  Speaker 9: Jodie's body or clothing. You would have thought they'd have
• 22:14
  Speaker 9: gone straight to his door and gone, you have some
• 22:17
  Speaker 9: explaining to do.
• 22:20
  Speaker 5: Why didn't they do that?
• 22:24
  Speaker 10: The explanation given by the prosecution in court for Kelly's
• 22:27
  Speaker 10: DNA was that Jodie had borrowed her sister Janine's T-shirt
• 22:31
  Speaker 10: that night. A wider search of the area around Jodie's
• 22:38
  Speaker 10: body revealed Stephen Kelly's DNA wasn't the only male profile found.
• 22:54
  Speaker 10: Forensic searches from the crime scene found DNA from Jodie's
• 22:57
  Speaker 10: sister's boyfriend on clothing. But another male profile was also
• 23:02
  Speaker 10: found in a used condom close to Jodie's body.
• 23:08
  Speaker 9: That condom was found to have what was described as
• 23:12
  Speaker 9: fresh semen. The police didn't find the owner of the
• 23:16
  Speaker 9: condom in the initial investigation. He was traced three years
• 23:20
  Speaker 9: later in 2006 when his DNA was put through the
• 23:25
  Speaker 9: national database in relation to a different It.
• 23:29
  Speaker 16: Would seem significant in terms of the nature of the crime,
• 23:34
  Speaker 16: given that it was a young female and there was
• 23:37
  Speaker 16: a condom found with semen. I think it should have
• 23:41
  Speaker 16: been more significant than it apparently did.
• 23:45
  Speaker 15: What stood out for me in particular was the lack
• 23:48
  Speaker 15: of scientific evidence against the accused and the fact that
• 23:52
  Speaker 15: They had other potential line of investigation and just they
• 23:56
  Speaker 15: focused on just one person.
• 24:00
  Speaker 3: We've only been here a short space of time. Straight
• 24:02
  Speaker 3: away we spoke about another two potential suspects.
• 24:07
  Speaker 10: Luke Mitchell was the only member of the search party
• 24:10
  Speaker 10: to be forensically examined by the police that night.
• 24:13
  Speaker 14: The visit here today for us is very worthwhile. biggest
• 24:22
  Speaker 14: thing for us is if those four people were here
• 24:25
  Speaker 14: and found that body why was it only Luke Mitchell
• 24:28
  Speaker 14: that was taken in to be interviewed all four of
• 24:30
  Speaker 14: them should have been treated at that point is the
• 24:33
  Speaker 14: same it just seems to be it was only Luke
• 24:37
  Speaker 14: Mitchell at this moment there doesn't seem to be a
• 24:40
  Speaker 14: reason for that.
• 24:46
  Speaker 17: It's obvious from the police treatment of me that I
• 24:49
  Speaker 17: was a suspect from day one I sprinted up to
• 24:52
  Speaker 17: a police.
• 24:53
  Speaker 1: Station I asked where my.
• 25:21
  Speaker 12: My child and my dog were. I was shown into
• 25:25
  Speaker 12: a room and.
• 25:30
  Speaker 12: The sight was just horrendous.
• 25:32
  Speaker 11: Luke was sitting in a white forensic suit.
• 25:37
  Speaker 12: He'd been stripped.
• 25:38
  Speaker 11: Naked and he just had a tear streaming down his
• 25:42
  Speaker 11: cheek and his eyes were like saucers. It looked like
• 25:47
  Speaker 11: somebody hit him right between the eyes with a mallet.
• 25:50
  Speaker 12: That's what he looked like. Total shock.
• 25:54
  Speaker 8: The police would be under pressure from an early stage
• 25:57
  Speaker 8: to make sure that they identified a suspect and arrested someone.
• 26:01
  Speaker 8: But it is possible to lose important lines of inquiry
• 26:06
  Speaker 8: by developing a case theory prematurely. That early closing of
• 26:13
  Speaker 8: minds on the possibility of other suspects can result in
• 26:18
  Speaker 8: lines of inquiry not being taken which means then that
• 26:22
  Speaker 8: to an extent the investigation becomes an inevitability in terms
• 26:26
  Speaker 8: of where the finger points.
• 26:34
  Speaker 10: An examination of the case files reveals an inconsistency in
• 26:38
  Speaker 10: the stories of how Jodie's body was found that night.
• 26:43
  Speaker 3: You've got the granny's statement, the sister's statement, the sister's
• 26:47
  Speaker 3: boyfriend's statement, but The first statement they made bears no
• 26:50
  Speaker 3: resemblance to the statement that's used at court. In their
• 26:52
  Speaker 3: first statement, they said that Luke's dog, Maya, was sniffing
• 26:56
  Speaker 3: the air and was alerted to something.
• 26:58
  Speaker 13: Right?
• 26:59
  Speaker 3: Which is what Luke says as well. Which is what
• 27:01
  Speaker 3: Luke says as well. Which would indicate that the dog
• 27:03
  Speaker 3: has found something and not Luke. But then as they
• 27:05
  Speaker 3: go on and they put the statement they use at court,
• 27:08
  Speaker 3: the dog didn't sniff the air and Luke went straight
• 27:10
  Speaker 3: to the V. And it makes it look as if
• 27:12
  Speaker 3: Luke knew where the body was. It makes Luke Mitchell
• 27:15
  Speaker 3: as a suspect fit.
• 27:20
  Speaker 9: The defence tried to pursue that. They read out the
• 27:26
  Speaker 9: sister's boyfriend's description of the dog.
• 27:28
  Speaker 5: It's an Alsatian. It's a big dog. Its head was
• 27:30
  Speaker 5: above the height of the bee.
• 27:31
  Speaker 9: That's a very clear description of the dog and how
• 27:34
  Speaker 9: it reacted. And he put it to the witnesses. This
• 27:38
  Speaker 9: is what you said. And they said things like, I
• 27:41
  Speaker 9: don't remember. And the first story that they were all
• 27:48
  Speaker 9: telling together.
• 27:50
  Speaker 5: just disappears.
• 27:52
  Speaker 8: If three witnesses in their statements are all saying one
• 27:56
  Speaker 8: thing and then by the time of the trial it's
• 28:00
  Speaker 8: changed for each of them but it's changed in the
• 28:02
  Speaker 8: same way that would certainly prompt some questioning by the
• 28:07
  Speaker 8: defence QC and I'm sure here Donald Finlay explored that
• 28:12
  Speaker 8: with them and then no doubt pointed out to the
• 28:14
  Speaker 8: jury well People, of course, can forget things. People might
• 28:19
  Speaker 8: remember things in different ways. But to say the same
• 28:22
  Speaker 8: thing in statements and then to have the same changes
• 28:26
  Speaker 8: in the witness box is something that you might want
• 28:29
  Speaker 8: to have a think about.
• 28:30
  Speaker 14: It'd be interesting for us to have a look through
• 28:32
  Speaker 14: the statements and see where they start to change and
• 28:35
  Speaker 14: if there's anything being suggested to them.
• 28:37
  Speaker 3: Has it been suggested to them that this is what
• 28:39
  Speaker 3: might have happened? And they have thought, hmm, aye, maybe.
• 28:50
  Speaker 10: Luke Mitchell was 14 years old when he was accused
• 28:54
  Speaker 10: of murdering his girlfriend. He was named by the press
• 28:57
  Speaker 10: within days, but not officially charged until ten months later.
• 29:04
  Speaker 11: Luke was, when I say he was in the press constantly,
• 29:08
  Speaker 11: I mean daily, absolutely daily.
• 29:14
  Speaker 7: This is five days after the murder, I believe. where
• 29:18
  Speaker 7: we've got detectives hunting the killer of 14-year-old Jodie Jones.
• 29:21
  Speaker 7: We're last night questioning her boyfriend and his older brother,
• 29:24
  Speaker 7: and Mitchell's named here. So, you know, we have the
• 29:28
  Speaker 7: ethical issue. Right at the start of the case, you know,
• 29:33
  Speaker 7: should we be naming a child at this point?
• 29:36
  Speaker 12: Umpteen photos of him, naming him.
• 29:39
  Speaker 11: Now, bear in mind, this is pre-trial. He had not
• 29:42
  Speaker 11: been convicted. He hadn't even been arrested.
• 29:45
  Speaker 12: But he was being treated like a criminal.
• 29:50
  Speaker 6: So, I mean, we've got a picture of Mitchell here.
• 29:55
  Speaker 7: When you look back on this, it's intensely problematic for
• 29:57
  Speaker 7: how this case is going to be treated by a jury.
• 30:00
  Speaker 6: in the eyes of the public.
• 30:04
  Speaker 12: Why do people think he did it?
• 30:06
  Speaker 11: Because the police told the press and the press told
• 30:09
  Speaker 11: the public.
• 30:13
  Speaker 7: You worry about how this whole narrative was being framed
• 30:16
  Speaker 7: by the police using the press and what that would
• 30:19
  Speaker 7: mean by the time it gets to court.
• 30:21
  Speaker 6: That's really what lies at the kind of icky heart
• 30:24
  Speaker 6: of this.
• 30:25
  Speaker 8: The media and the police views almost fed each other
• 30:29
  Speaker 8: and they certainly... to my mind, fed the impression that
• 30:32
  Speaker 8: was being given to the public.
• 30:34
  Speaker 7: What intrigues me the most about this case is was
• 30:37
  Speaker 7: it the prosecution of a lifestyle? What I mean by
• 30:39
  Speaker 7: that is Luke Mitchell's case seemed to fit in with
• 30:43
  Speaker 7: a narrative which was unfolding in the late 1990s, nearly 2000s,
• 30:47
  Speaker 7: where kids were in effect almost criminalized themselves because of
• 30:51
  Speaker 7: their attitudes or the behavior. The dope smoking, the violent
• 30:56
  Speaker 7: computer games, the listening to music that adults found offensive.
• 31:02
  Speaker 6: I mean, one of the strange things about this.
• 31:03
  Speaker 7: Case is the whole involvement of Marlon Manson and the
• 31:07
  Speaker 7: Black Delia story being sucked into the narrative of the
• 31:13
  Speaker 7: Luke Mitchell case. Marlon Manson was fascinated with.
• 31:16
  Speaker 6: The Black Delia case.
• 31:19
  Speaker 7: We know that he painted watercolours of the Black Delia victim.
• 31:25
  Speaker 9: And it turned out that the prosecution were trying to
• 31:27
  Speaker 9: claim that Luke had carried out a copycat of the
• 31:31
  Speaker 9: Delia murder. from the Manson paintings because he was obsessed
• 31:36
  Speaker 9: with Marilyn Manson.
• 31:37
  Speaker 7: Well, if the kid's into Marilyn Manson and Marilyn Manson's
• 31:40
  Speaker 7: into the Black Delia, then, you know, was Mitchell inspired
• 31:43
  Speaker 7: by the Black Delia?
• 31:44
  Speaker 5: There was a little bit of a problem there.
• 31:46
  Speaker 9: Or there should have been a little bit of a
• 31:48
  Speaker 9: problem there because there was no evidence at all that
• 31:52
  Speaker 9: Luke had ever seen the paintings or that he knew
• 31:54
  Speaker 9: anything about them. So they took all the computers that
• 31:58
  Speaker 9: Luke had access to. None of them had access to
• 32:01
  Speaker 9: those paintings.
• 32:03
  Speaker 8: If this website is what he would have had to
• 32:06
  Speaker 8: access in order to see anything to do with the
• 32:09
  Speaker 8: Black Dahlia killing, where's the evidence that he accessed that?
• 32:14
  Speaker 6: And there is none.
• 32:28
  Speaker 1: Other than me being a convenient suspect because I was
• 32:33
  Speaker 1: seen as out of the ordinary and into alternative styles
• 32:37
  Speaker 1: and lifestyles and dress sense and music. I don't know
• 32:41
  Speaker 1: why they went after me like this. It's not as
• 32:46
  Speaker 1: though I had criminal involvement with the police beforehand, before
• 32:50
  Speaker 1: any of this.
• 32:51
  Speaker 17: I was the local weirdo.
• 32:59
  Speaker 1: It was easy to put it on me.
• 33:00
  Speaker 17: It was easy to make people believe these nasty and
• 33:03
  Speaker 17: evil things about me.
• 33:09
  Speaker 9: The whole idea, I don't know how many times this
• 33:11
  Speaker 9: has to come up in cases like this. They listen
• 33:14
  Speaker 9: to a particular type of music and that drives them
• 33:18
  Speaker 9: to murder. There is no scientific evidence to.
• 33:25
  Speaker 5: Back up those claims.
• 33:26
  Speaker 9: Whatever they've been made of, But they keep wheeling that
• 33:31
  Speaker 9: old nugget out because it's sensational.
• 33:37
  Speaker 7: People don't go out and kill because of Marlon Manson.
• 33:40
  Speaker 7: You can't blame Marlon Manson for murder.
• 33:48
  Speaker 10: As the re-examination of the case continues, a disturbing piece
• 33:52
  Speaker 10: of evidence reveals another potential suspect.
• 33:55
  Speaker 3: We've got another person of interest here. That absolutely shocked me.
• 33:59
  Speaker 3: There's a guy by the name of Mark Kane. He's
• 34:01
  Speaker 3: turned up with scratches on his face.
• 34:04
  Speaker 5: If Luke Mitchell didn't kill Jodie, somebody else did.
• 34:17
  Speaker 12: Sound effects.
• 34:20
  Speaker 10: In April 2004, Luke Mitchell's mother, Corrine, was arrested and
• 34:25
  Speaker 10: charged with attempting to pervert the course of justice. Eight
• 34:29
  Speaker 10: months later, all charges against her were dropped.
• 34:34
  Speaker 11: This was caravan sales and the shop sold caravan accessories.
• 34:42
  Speaker 12: I lost everything. Started with losing my son.
• 34:47
  Speaker 11: And there's nothing worse as a mother watching your son
• 34:52
  Speaker 11: being taken away from you when you can't do anything.
• 34:56
  Speaker 12: And you can try. You can try screaming, try shouting, yelling.
• 35:00
  Speaker 12: Not going to get you anywhere.
• 35:03
  Speaker 11: And especially when you know he's not done anything wrong
• 35:06
  Speaker 11: because he was with you.
• 35:09
  Speaker 12: And no one listens. No one listens.
• 35:15
  Speaker 11: Then that has a knock-on effect.
• 35:22
  Speaker 12: Well, after Luke was convicted... Obviously, this was an easy target.
• 35:29
  Speaker 11: And one night, I got a phone call from the police,
• 35:33
  Speaker 11: can you come up?
• 35:35
  Speaker 12: So I was up here about 3 o'clock.
• 35:37
  Speaker 3: In the morning.
• 35:38
  Speaker 11: To be honest, all I could do was sit in
• 35:40
  Speaker 11: my car and just stare.
• 35:42
  Speaker 12: It was just mind-blowing. Utter carnage.
• 35:48
  Speaker 11: It wasn't just a couple of broken windows. It was
• 35:51
  Speaker 11: 40-odd caravans, completely trashed.
• 35:59
  Speaker 12: So I sold the house. So now we've got nothing,
• 36:02
  Speaker 12: absolutely nothing. So I'm living here.
• 36:08
  Speaker 11: Not my ideal plan at 61. Living with no electricity,
• 36:13
  Speaker 11: so no running water, no toilet. Unfortunately, now my health
• 36:20
  Speaker 11: is suffering because of it.
• 36:35
  Speaker 12: No, you're too big to do that now. You're too
• 36:38
  Speaker 12: big to do that now.
• 36:40
  Speaker 3: Yes, you are.
• 36:47
  Speaker 6: And here is.
• 36:49
  Speaker 11: What used to be my office, which is now my
• 36:53
  Speaker 11: bedroom-cum-living room, which I share with Mako here.
• 37:00
  Speaker 12: And a few rodents.
• 37:01
  Speaker 15: Yes.
• 37:02
  Speaker 5: How long have.
• 37:05
  Speaker 18: You lived here?
• 37:13
  Speaker 5: What are we?
• 37:16
  Speaker 12: I've come out six years.
• 37:17
  Speaker 18: Look and meet her.
• 37:30
  Speaker 11: An innocent little boy, dragged from his home, having done
• 37:35
  Speaker 11: nothing wrong, and then being turned into a monster by
• 37:40
  Speaker 11: the press.
• 37:40
  Speaker 18: It's just.
• 37:45
  Speaker 12: Devastating. Completely devastating. God, I just look so young in
• 37:53
  Speaker 12: that photo.
• 37:56
  Speaker 14: Did you ever wonder whether you could do this anymore?
• 37:58
  Speaker 12: Oh, I'll do it.
• 38:00
  Speaker 18: Um.
• 38:01
  Speaker 11: It's taken its toll, but yeah, I'll keep doing it
• 38:04
  Speaker 11: until he's out where he should be.
• 38:05
  Speaker 18: So I.
• 38:09
  Speaker 12: Want justice for my boy. End of.
• 38:16
  Speaker 1: A lot of the time, I still feel 16, 17.
• 38:20
  Speaker 1: And I have to remind myself that I'm nearly 32 now.
• 38:25
  Speaker 1: 17 years after the conviction of Luke Mitchell, evidence from
• 38:34
  Speaker 1: 2003 reveals another potential.
• 38:45
  Speaker 10: Suspect who may have been overlooked by the police.
• 38:59
  Speaker 3: We've got another person of interest that absolutely shocked me.
• 39:02
  Speaker 3: See if you go down to number four on that list. Yeah,
• 39:05
  Speaker 3: got it, yeah. You'll see there's a guy by the
• 39:07
  Speaker 3: name of Mark Kane.
• 39:09
  Speaker 1: Yeah.
• 39:11
  Speaker 3: Mark Kane has apparently turned up at his friend's house
• 39:14
  Speaker 3: the day after the murder. He's turned up with scratches
• 39:16
  Speaker 3: on his face. Carried out a wee experiment last night.
• 39:21
  Speaker 3: I want to show you some pictures. Right, first of all,
• 39:24
  Speaker 3: who's that? Right, that's Luke Mitchell.
• 39:27
  Speaker 9: Right.
• 39:30
  Speaker 3: Right who's this.
• 39:35
  Speaker 14: I don't know who that is but he's similar the
• 39:38
  Speaker 14: hairstyle looks very similar to Luke Mitchell.
• 39:40
  Speaker 3: That's what I thought that's Mark Kane joke nope how similar.
• 39:45
  Speaker 6: Are they.
• 39:47
  Speaker 14: Right the whole thing rests on eyewitness evidence driving by
• 39:51
  Speaker 14: and identifying a person as Luke Mitchell, and they look
• 39:55
  Speaker 14: so similar.
• 39:59
  Speaker 10: During the police investigation, eyewitnesses Rosemary Walsh and Lorraine Fleming
• 40:05
  Speaker 10: said they had seen Luke Mitchell at the end of
• 40:07
  Speaker 10: the path leading to the murder site on the night
• 40:10
  Speaker 10: of Jodie's murder.
• 40:13
  Speaker 9: The identification by Fleming and Walsh could have been a
• 40:17
  Speaker 9: mistaken identity. And the person that they saw was not Luke,
• 40:21
  Speaker 9: it was Mark Kane, which would have knocked quite a
• 40:24
  Speaker 9: big hole in the prosecution story that Luke was at
• 40:27
  Speaker 9: this end of the path at this time and that
• 40:29
  Speaker 9: end of the path at that time.
• 40:32
  Speaker 3: Another wee trip through to Dalkeith again.
• 40:43
  Speaker 10: Scott Forbes, the man who was visited by Mark Kane
• 40:46
  Speaker 10: the day after the murder... has agreed to meet with
• 40:48
  Speaker 10: the investigators at the crime scene.
• 40:54
  Speaker 14: This will give us a feeling for it now, a
• 40:56
  Speaker 14: proper feeling.
• 40:58
  Speaker 3: Nothing better than actually speaking to folk direct rather than
• 41:01
  Speaker 3: reading their statements. There's a gate there and there's the
• 41:06
  Speaker 3: entrance to the path. So what's over here?
• 41:19
  Speaker 19: New Balabie College and that's where Mark Kane was living.
• 41:23
  Speaker 3: So that's the college directly through the trees here? Yes.
• 41:28
  Speaker 3: So we've got Luke Mitchell staying down there, we've got
• 41:31
  Speaker 3: Jodie Jones staying up there, we've got Mark Kane staying
• 41:34
  Speaker 3: over there. The closest person's obviously Mark Kane.
• 41:38
  Speaker 5: Yes.
• 41:38
  Speaker 3: So you're only talking a couple of minutes to get
• 41:41
  Speaker 3: from there to there? Yeah, definitely.
• 41:44
  Speaker 19: If you come out of the murder in these boots here,
• 41:47
  Speaker 19: Would this not be a perfect escape route?
• 41:50
  Speaker 3: Ah, definitely. Tell me how you know Mark Kane, Scott.
• 41:59
  Speaker 19: I met Mark Kane when I was a student at
• 42:01
  Speaker 19: the same time.
• 42:03
  Speaker 3: As an individual, what sort of person was he?
• 42:06
  Speaker 19: Listen, he was a nice lad in his own ways,
• 42:09
  Speaker 19: but he was a very, very disturbed boy.
• 42:11
  Speaker 3: Very, very disturbed.
• 42:12
  Speaker 19: He carried an eight-inch blade with a brown wooden handle.
• 42:17
  Speaker 3: Kitchen knife. What makes you think that Mark Kane's involved
• 42:20
  Speaker 3: in the murder of Jodie Jones then?
• 42:21
  Speaker 19: Mark Kane visited my flat in Leith the day after
• 42:24
  Speaker 19: Jodie had been killed. He had big, big scratches on
• 42:27
  Speaker 19: his face. I told him a wee girl had been killed.
• 42:30
  Speaker 19: I asked him where he had been and where he.
• 42:32
  Speaker 3: Got his scratches.
• 42:34
  Speaker 19: He told me he was in Newbattle Abbey in the woods.
• 42:39
  Speaker 18: The same area?
• 42:40
  Speaker 3: The woods around this field?
• 42:41
  Speaker 15: Yes.
• 42:42
  Speaker 19: He told me he was taking methadone. He had taken
• 42:45
  Speaker 19: his whole script of all of them. He had got
• 42:48
  Speaker 19: a bag of speed, smoking cannabis, and he was drinking lager.
• 42:53
  Speaker 3: So the day you seen him, did he have a
• 42:55
  Speaker 3: knife on him? Ah, he would have had.
• 42:56
  Speaker 6: I'd never seen it.
• 42:57
  Speaker 3: You'd never seen it? But he would have had. I
• 42:59
  Speaker 3: told him I was concerned.
• 43:00
  Speaker 19: You know, he just told me you'd been in a
• 43:02
  Speaker 19: woods full of jugs, a wee girl's dead, you went
• 43:04
  Speaker 19: scratches on your face.
• 43:06
  Speaker 3: He told me he fell in a bush.
• 43:09
  Speaker 19: That's how he scratched his face, and I remember saying
• 43:10
  Speaker 19: to him, that's no scratches for a bush.
• 43:13
  Speaker 3: He got flustered, and then he left. After he left
• 43:17
  Speaker 3: my flat, I was still concerned. Do you think Mark
• 43:21
  Speaker 3: Kane killed Jodie Jones? I genuinely don't know.
• 43:25
  Speaker 19: I've always suspected it.
• 43:27
  Speaker 3: Mick and I would like to have a chat with
• 43:29
  Speaker 3: Mark Kane. Is it possible for you to arrange a
• 43:31
  Speaker 3: meeting that we could sit down and talk to him
• 43:34
  Speaker 3: about this? No, no, no.
• 43:36
  Speaker 19: Mark Kane died last year.
• 43:38
  Speaker 3: Mark Kane's dead? Yes, Mark Kane's dead, yes. Last year?
• 43:42
  Speaker 3: Last year, just last year.
• 43:54
  Speaker 12: The boyfriend of 14-year-old Dalkeith schoolgirl Jodie Jones has gone
• 43:58
  Speaker 12: on trial accused of her murder.
• 44:02
  Speaker 2: The jury are being asked to decide if a 14-year-old
• 44:04
  Speaker 2: girl was murdered by her 14-year-old boyfriend.
• 44:08
  Speaker 10: Luke Mitchell's trial began in a blaze of publicity in
• 44:12
  Speaker 10: November 2004, 18 months after the murder of Jodie Jones.
• 44:19
  Speaker 9: This was in the media across the whole of Scotland.
• 44:23
  Speaker 9: This was a massive story.
• 44:26
  Speaker 6: This case became monstrous.
• 44:28
  Speaker 7: It wasn't just an issue that obsessed the police and
• 44:32
  Speaker 7: the prosecution services and.
• 44:35
  Speaker 6: The legal world and the press. This obsessed everybody. Everyone
• 44:38
  Speaker 6: was talking about this.
• 44:39
  Speaker 9: And this emphasis on the evil, on the occult, on
• 44:43
  Speaker 9: the Satanist.
• 44:46
  Speaker 11: Inside, I was screaming like a lunatic. On the outside,
• 44:51
  Speaker 11: I was relatively calm because... In my head, I thought, right, OK,
• 44:57
  Speaker 11: this has happened, but the lawyers know the truth and
• 45:01
  Speaker 11: it'll all come right.
• 45:04
  Speaker 10: With no murder weapon, no confession and no forensic evidence,
• 45:09
  Speaker 10: the Crown's case against Luke Mitchell was entirely circumstantial.
• 45:14
  Speaker 8: Circumstantial evidence is a number of different circumstances which taken
• 45:21
  Speaker 8: on their own might mean little or sometimes nothing but
• 45:26
  Speaker 8: when put together in a particular way point the finger
• 45:30
  Speaker 8: towards the accused.
• 45:34
  Speaker 9: The prosecution case depended on three central planks. Firstly that
• 45:41
  Speaker 9: he found the body And the assumption was that since
• 45:44
  Speaker 9: he found the body, he must have known where it was.
• 45:48
  Speaker 5: Secondly, that he was seen by an independent witness.
• 45:54
  Speaker 10: A local woman had seen a young couple just before
• 45:56
  Speaker 10: the murder. She later identified Luke Mitchell as the male
• 46:00
  Speaker 10: she saw.
• 46:04
  Speaker 5: The alibi that he claimed to have was not accepted.
• 46:09
  Speaker 10: The final plank in the prosecution's case against Luke Mitchell
• 46:13
  Speaker 10: was that his mother gave him a false alibi and
• 46:15
  Speaker 10: burnt evidence to protect him.
• 46:18
  Speaker 9: Luke's alibi was that he was at home cooking dinner
• 46:21
  Speaker 9: and having dinner with his mum and his brother.
• 46:25
  Speaker 10: Having heard all the evidence and being cautioned not to
• 46:29
  Speaker 10: rush to judgement, the jury retired on 20th January 2005.
• 46:34
  Speaker 10: 24 hours later, they found Luke Mitchell.
• 46:44
  Speaker 3: Guilty.
• 46:47
  Speaker 9: Lord Nemo Smith told him, you can rightly be regarded
• 46:50
  Speaker 9: as wicked.
• 46:50
  Speaker 1: I was still going through my trial expecting that the
• 47:06
  Speaker 1: jury would see through All the lies and all the
• 47:10
  Speaker 1: misinterpretation of the purely circumstantial evidence. I was still believing
• 47:16
  Speaker 1: that I would be found not guilty. And when I
• 47:20
  Speaker 1: was found guilty, if I wasn't gripping the bench at
• 47:26
  Speaker 1: the dock so tightly, I would have collapsed.
• 47:28
  Speaker 11: I have no recollection of him being laid down.
• 47:34
  Speaker 18: No.
• 47:38
  Speaker 12: Some things you have to blot out.
• 47:42
  Speaker 10: Luke Mitchell was then led away without a flicker of emotion.
• 47:49
  Speaker 9: Like so many families that I've met in the same circumstances,
• 47:52
  Speaker 9: they believe it'll all come out in court. It is
• 47:56
  Speaker 9: not until the foreman of the jury stands up and
• 47:59
  Speaker 9: says guilty that these people realise that truth's not coming out.
• 48:04
  Speaker 9: Lord Nimmo Smith told Luke Mitchell he'd serve at least
• 48:07
  Speaker 9: 20 years in prison.
• 48:10
  Speaker 11: Press made a huge, huge thing about, oh, the beast
• 48:14
  Speaker 11: showed no emotion.
• 48:15
  Speaker 12: And I saw him immediately afterwards.
• 48:19
  Speaker 11: That'll be etched on my brain forever.
• 48:24
  Speaker 12: He was deathly white.
• 48:27
  Speaker 11: His eyes were like saucers and his lips were blue.
• 48:32
  Speaker 12: They want emotion. Come and see my son right now.
• 48:35
  Speaker 12: You'll see emotion.
• 48:44
  Speaker 17: They've taken everything from me. My friends, my family, my home,
• 48:50
  Speaker 17: my childhood, my adolescence, my early adult years. But they
• 48:56
  Speaker 17: will not bully a false.
• 48:58
  Speaker 1: Admission of guilt out of me.
• 49:02
  Speaker 3: As long as I can get.
• 49:03
  Speaker 17: Up every morning and look myself in the mirror and
• 49:06
  Speaker 17: hold my head up high, I'll.
• 49:08
  Speaker 1: Get through this.
• 49:14
  Speaker 7: If Mitchell's guilty, then he deserves to rot in prison
• 49:17
  Speaker 7: for the rest of his life. But equally, if he's
• 49:21
  Speaker 7: not guilty, then society has done something dreadful and we
• 49:25
  Speaker 7: need to look at ourselves.
• 49:31
  Speaker 10: Former detectives John Salons and Mick Neill have agreed to
• 49:35
  Speaker 10: re-examine the case against Luke Mitchell for this documentary.
• 49:39
  Speaker 14: John and I will be looking for Something that somebody's missed.
• 49:45
  Speaker 14: It might be as simple as that. Somebody's maybe missed something.
• 49:50
  Speaker 10: Scientists at the Forensic Institute in Glasgow specialise in criminal
• 49:55
  Speaker 10: casework in the UK and internationally.
• 50:01
  Speaker 3: Alan, obviously Michael and I have been up at the
• 50:03
  Speaker 3: crime scene and we're looking for your overview on this.
• 50:06
  Speaker 16: The first time I heard about the case was when
• 50:08
  Speaker 16: I was approached by the defence to give a view
• 50:12
  Speaker 16: on the scientific evidence. At that time there was no
• 50:14
  Speaker 16: scientific evidence specifically against Mr Mitchell and that was quite
• 50:19
  Speaker 16: curious given that it was a very bloody event. Normally
• 50:26
  Speaker 16: we would expect to find some evidence at the scene
• 50:30
  Speaker 16: or on the supposed perpetrator.
• 50:32
  Speaker 14: Luke's clothing was not only seized but it was forensically
• 50:35
  Speaker 14: examined and there was no traces of forensic evidence found
• 50:39
  Speaker 14: on Luke to link him to Jodie. There was dirt
• 50:43
  Speaker 14: found under his fingernails and his hair was described as
• 50:45
  Speaker 14: being dirty, I believe. What lengths would you have to
• 50:48
  Speaker 14: go of to get rid of every trace of forensic evidence? Basically,
• 50:53
  Speaker 14: I'm asking, jumping in the shower and using standard shower gel,
• 50:57
  Speaker 14: would that do it?
• 50:58
  Speaker 16: Well, the fact that his hair was messy and his
• 51:01
  Speaker 16: nails still had dirt would suggest he hadn't showered.
• 51:04
  Speaker 6: Would suggest. Suggest, yeah.
• 51:06
  Speaker 3: If.
• 51:07
  Speaker 16: The assumption is this person's got a lot of blood
• 51:10
  Speaker 16: on them. Well, first of all, even if you wipe
• 51:12
  Speaker 16: your hands on your clothes, they clearly never did that
• 51:16
  Speaker 16: if they've seized the clothes early on. And then he's
• 51:20
  Speaker 16: got to go home, he's got to go in the
• 51:22
  Speaker 16: front door, he's got to turn on the taps to wash.
• 51:25
  Speaker 16: And there's all of these things that are potential sources
• 51:28
  Speaker 16: of evidence. Finding Jodie Jones' blood on that door handle
• 51:33
  Speaker 16: or that tap, that begins to mean something in the
• 51:36
  Speaker 16: context of the case.
• 51:44
  Speaker 5: For Luke to have escaped, he would have had to
• 51:46
  Speaker 5: come up this street. Now, just have a look.
• 51:49
  Speaker 9: Look how wide open it is. The houses look right
• 51:52
  Speaker 9: out onto the road. There's no fences.
• 51:55
  Speaker 5: And the idea that a killer covered in blood would have.
• 51:58
  Speaker 9: Managed to come up this street unseen in broad daylight
• 52:03
  Speaker 9: on a beautiful summer evening......
• 52:07
  Speaker 5: Is ridiculous.
• 52:10
  Speaker 10: Police raided and searched Luke Mitchell's home three times before
• 52:14
  Speaker 10: he was finally arrested in April 2004. No traces of
• 52:18
  Speaker 10: Jodie Jones' blood was ever found. 17 years after the
• 52:31
  Speaker 10: murder of Jodie Jones, the quiet town of Dalkeith remains
• 52:35
  Speaker 10: in the public spotlight. as Luke Mitchell continues to maintain
• 52:39
  Speaker 10: his innocence.
• 52:42
  Speaker 12: Why do you still live in this area? Because we've
• 52:45
  Speaker 12: done nothing wrong, and it's my home.
• 52:52
  Speaker 11: If we were to leave, people would think, oh, they're
• 52:55
  Speaker 11: running away. And we're not running away, we're not running
• 52:57
  Speaker 11: away from anything, because we haven't done anything to run
• 53:00
  Speaker 11: away from.
• 53:06
  Speaker 3: When he got convicted in 2005, till now, he's had
• 53:09
  Speaker 3: the opportunity to plead guilty to this and he's refused.
• 53:13
  Speaker 14: Part of the parole board hearings, I think, is would
• 53:15
  Speaker 14: he accept your guilt? And if people can come to
• 53:18
  Speaker 14: terms and accept their guilt, it's a good mark for
• 53:21
  Speaker 14: them for getting parole, but Luke's determined not to do that.
• 53:26
  Speaker 11: He will never, ever say he's guilty for something he's
• 53:29
  Speaker 11: not guilty of.
• 53:30
  Speaker 12: Why would you do that? You would have to live
• 53:33
  Speaker 12: with that for the rest of your life.
• 53:36
  Speaker 11: So he wants out acquitted, which is what I'm fighting for,
• 53:42
  Speaker 11: an acquittal.
• 53:46
  Speaker 17: If it was put to me that I would almost
• 53:49
  Speaker 17: be guaranteed release and parole if all I did was
• 53:53
  Speaker 17: admit guilt, absolutely not. I would not do that. I
• 53:57
  Speaker 17: will not admit to something I've not done. I will
• 54:00
  Speaker 17: maintain my innocence, and if that means that I stay
• 54:04
  Speaker 17: in closed conditions... for the rest of my life, if
• 54:08
  Speaker 17: need be, then that is what will happen.
• 54:18
  Speaker 10: With no forensic evidence against Luke Mitchell, police turned their
• 54:22
  Speaker 10: attention to eyewitness evidence linking him to Jodie just before
• 54:26
  Speaker 10: she was murdered.
• 54:26
  Speaker 14: Identification.
• 54:32
  Speaker 3: That's the crux of things. If someone's been identified, you
• 54:35
  Speaker 3: can't get any better evidence than identification.
• 54:40
  Speaker 10: Local woman Andrina Bryson came forward during the investigation. She
• 54:45
  Speaker 10: had driven past a young couple at the entrance to
• 54:48
  Speaker 10: the path just before the murder.
• 54:52
  Speaker 9: She said she was driving through East Houses towards Newton
• 54:56
  Speaker 9: Grange and came round a sharp bend. There was a
• 55:00
  Speaker 9: girl standing on the pavement and a guy... in the
• 55:03
  Speaker 9: entrance track as she drove round this sharp bend.
• 55:09
  Speaker 10: She identified Luke Mitchell as the male from a photographic
• 55:12
  Speaker 10: line-up shown to her by police.
• 55:16
  Speaker 9: Andrena Bryson's evidence is probably the most critical in terms
• 55:21
  Speaker 9: of the conviction.
• 55:25
  Speaker 10: The former detectives will now recreate Andrena Bryson's journey and
• 55:29
  Speaker 10: re-examine her eyewitness evidence.
• 55:32
  Speaker 3: Right John, so that's us.
• 55:33
  Speaker 14: We've confirmed the route and that's the same route as
• 55:35
  Speaker 14: Andrena Bryson drove.
• 55:37
  Speaker 3: It's basically a test to see what you would actually
• 55:39
  Speaker 3: see driving at 30 miles per hour.
• 55:43
  Speaker 10: They place a young couple to stand in the exact
• 55:46
  Speaker 10: position on the path as described by Andrena Bryson in
• 55:49
  Speaker 10: her statement.
• 55:50
  Speaker 3: You put your back to the cars and I want
• 55:57
  Speaker 3: you to look over your right shoulder.
• 56:02
  Speaker 14: We've got a young female member of my family who's
• 56:06
  Speaker 14: similar in age to Andrena Bryson was at the time.
• 56:08
  Speaker 14: Niamh's totally unaware of the whole inquiry, the whole Jodie
• 56:11
  Speaker 14: Jones murder. She was too young at the time to
• 56:13
  Speaker 14: know anything about it. And all she's aware of today
• 56:15
  Speaker 14: is that she's going to be driving a car. That's
• 56:17
  Speaker 14: all she's been asked to do. Right, we're off. So
• 56:21
  Speaker 14: you've never been this area at Edinburgh before, Niamh?
• 56:24
  Speaker 3: No.
• 56:24
  Speaker 18: No.
• 56:24
  Speaker 15: Right, OK.
• 56:24
  Speaker 3: Right, what I'll do, I want you to stand with
• 56:28
  Speaker 3: your hands like that, OK?
• 56:29
  Speaker 18: OK.
• 56:30
  Speaker 3: The car will come down the hill, past Zoe, and
• 56:33
  Speaker 3: I want you to look as if you're having a
• 56:34
  Speaker 3: conversation with her, okay? We're going to drive a route
• 56:42
  Speaker 3: that Andrena Bryson drove, and at the end of that,
• 56:45
  Speaker 3: John's going to ask Niamh questions in relation to what
• 56:48
  Speaker 3: happened during the drive on that route. You're going left
• 56:56
  Speaker 3: at the bottom here. Right, Niamh, have you been on
• 57:12
  Speaker 3: that route? Is there anything you've seen? Did anything stand out?
• 57:16
  Speaker 18: Erm.
• 57:18
  Speaker 11: Not really.
• 57:19
  Speaker 3: OK, that's fine. You're going to do it again?
• 57:20
  Speaker 6: Yeah.
• 57:21
  Speaker 18: Right.
• 57:23
  Speaker 3: She's obviously aware now that she's got to be looking
• 57:25
  Speaker 3: for something, so we'll see if she sees anything this time.
• 57:33
  Speaker 3: Next left, Niamh.
• 57:51
  Speaker 6: Hi, Niamh. Hello.
• 57:52
  Speaker 3: That's your second run. This time, did you see anything
• 57:55
  Speaker 3: out of the ordinary?
• 57:56
  Speaker 5: I don't think so.
• 57:57
  Speaker 3: That's fine. Third time.
• 58:00
  Speaker 11: Okay.
• 58:01
  Speaker 3: Thank you.
• 58:02
  Speaker 14: We've sort of proven there that there's nothing that's particularly
• 58:04
  Speaker 14: drawing Niamh's attention to the couple, so we're going to
• 58:07
  Speaker 14: do it a third time and I'm going to point
• 58:08
  Speaker 14: them out to her.
• 58:09
  Speaker 3: Right, so we'll do the same again.
• 58:10
  Speaker 6: Okay.
• 58:12
  Speaker 14: It's run number three, Niamh, and for this one I'm
• 58:14
  Speaker 14: going to sit in the front with you, okay?
• 58:15
  Speaker 5: Okay.
• 58:19
  Speaker 3: Same as before, just... Same directions.
• 58:27
  Speaker 5: You two arguing? Looks like it. You all right?
• 58:36
  Speaker 13: All right.
• 58:38
  Speaker 18: I'm going.
• 58:44
  Speaker 3: Out to have a wee chat with your pal. It's
• 58:47
  Speaker 3: experiment finished. third time lucky is there anything that stood
• 58:53
  Speaker 3: out for you?
• 58:55
  Speaker 20: Probably in the middle of the drive I seen two
• 58:58
  Speaker 20: people looking like they had an argument.
• 59:00
  Speaker 3: Or something can you describe them?
• 59:01
  Speaker 20: The girl I think had blonde hair and she had
• 59:04
  Speaker 20: her back to the road she had jeans on and
• 59:07
  Speaker 20: I think she had a jacket on and the male
• 59:11
  Speaker 20: he had his arms out like this and I think
• 59:14
  Speaker 20: he had a grey jumper on and his hair was
• 59:17
  Speaker 20: quite short.
• 59:18
  Speaker 3: Quite short? What colour of hair?
• 59:19
  Speaker 20: I think it was light.
• 59:20
  Speaker 3: Did you get a look at the man's face? Slightly.
• 59:24
  Speaker 3: What can you remember about it?
• 59:26
  Speaker 5: He wasn't happy.
• 59:27
  Speaker 3: He wasn't happy?
• 59:28
  Speaker 6: No.
• 59:28
  Speaker 15: Any.
• 59:28
  Speaker 3: features about his face you can remember.
• 59:30
  Speaker 20: He was clean shaven he didn't have a beard.
• 59:33
  Speaker 3: Clean shaven didn't have a beard describe her again she
• 59:35
  Speaker 3: had light.
• 59:36
  Speaker 20: Coloured jeans on with kind of long brown hair and
• 59:39
  Speaker 20: a dark jacket with red.
• 59:40
  Speaker 3: Bits in it and they were having a discussion a
• 59:43
  Speaker 3: heated one I would say heated.
• 59:45
  Speaker 14: Discussion right okay see when you first described the female
• 59:48
  Speaker 14: yes you said she had blonde hair and then you
• 59:49
  Speaker 14: said she had brown so was it blonde or brown I.
• 59:52
  Speaker 3: Don't know thanks Niamh Having carried out this experiment today,
• 59:58
  Speaker 3: I think it adds a wee bit of doubt to
• 1:00:01
  Speaker 3: Indrina Bryson's statement and how much she's actually seen. The
• 1:00:04
  Speaker 3: bottom line is, she's drove by the first time and
• 1:00:06
  Speaker 3: there's nothing that's drawn her attention to the couple standing
• 1:00:09
  Speaker 3: up the lane. So whatever's drawn Indrina Bryson's attention to it,
• 1:00:14
  Speaker 3: considering there's no much going on other than a couple talking,
• 1:00:17
  Speaker 3: I really don't know.
• 1:00:23
  Speaker 14: The problem with eyewitness statements is, good as they are,
• 1:00:27
  Speaker 14: Some of the best evidence you can get, eyewitnesses are influenced.
• 1:00:31
  Speaker 14: The moment I leant forward and became agitated and suggested
• 1:00:35
  Speaker 14: that the couple were having an argument, that coloured Niamh's
• 1:00:39
  Speaker 14: perception of that version of events, which then affects her
• 1:00:42
  Speaker 14: statement to John.
• 1:00:42
  Speaker 10: 18 months after identifying Luke Mitchell as the male on
• 1:00:47
  Speaker 10: the path, the prosecution called Andrena Bryson to testify at
• 1:00:51
  Speaker 10: his trial.
• 1:00:54
  Speaker 5: Andrena Bryson's asked.
• 1:00:57
  Speaker 9: Is the person you saw that day in this courtroom,
• 1:01:00
  Speaker 9: can you see him? And she says, she can't identify him.
• 1:01:09
  Speaker 17: That was a big moment for me.
• 1:01:17
  Speaker 1: At the very least, I thought, well, that's, you know,
• 1:01:19
  Speaker 1: a massive hole in the Crown's case. Here's somebody who's
• 1:01:24
  Speaker 1: actually willing... to stand up and say, you know, no, this.
• 1:01:27
  Speaker 17: Is not the person. It takes a lot of guts
• 1:01:31
  Speaker 17: to stand up there and, you know, go against the
• 1:01:34
  Speaker 17: grain and say, actually, no, this is wrong.
• 1:01:39
  Speaker 9: There's been pictures of this guy in the media for
• 1:01:43
  Speaker 9: the best part of 19 months. And when he's standing
• 1:01:48
  Speaker 9: there in front of her, in court, she can't identify him.
• 1:01:56
  Speaker 9: and she was the prosecution's star witness.
• 1:02:03
  Speaker 10: The present-day re-examination has now uncovered another line of inquiry
• 1:02:08
  Speaker 10: and more potential suspects.
• 1:02:10
  Speaker 9: There's a great deal of irony here that Luke was
• 1:02:13
  Speaker 9: the only suspect. He was only ever the only suspect.
• 1:02:17
  Speaker 9: There was nobody else treated as a suspect or considered
• 1:02:20
  Speaker 9: as a suspect. And yet, you didn't have to look
• 1:02:24
  Speaker 9: very far back then for other people that should at
• 1:02:28
  Speaker 9: least have been persons of interest.
• 1:02:31
  Speaker 14: I think we need to take a look at these two,
• 1:02:34
  Speaker 14: the moped boys.
• 1:02:36
  Speaker 3: Gordon Dickey and John Ferris.
• 1:02:38
  Speaker 15: Aye.
• 1:02:39
  Speaker 14: The moped, apparently it's a homemade moped. It's not got
• 1:02:42
  Speaker 14: a silencer fitted. There's numerous witnesses speak to hearing this
• 1:02:47
  Speaker 14: moped running about the area of the path between the
• 1:02:49
  Speaker 14: two New Battle and East Houses. Just a short time later,
• 1:02:52
  Speaker 14: we've got a witness who sees the moped... against the wall,
• 1:02:57
  Speaker 14: right at the V in the wall in the crime scene, right?
• 1:03:00
  Speaker 14: Sees the moped leaning against the wall, but doesn't see
• 1:03:02
  Speaker 14: them there.
• 1:03:03
  Speaker 3: What time was that at?
• 1:03:05
  Speaker 6: 5.15.
• 1:03:05
  Speaker 3: The exact time that Jodie was murdered?
• 1:03:07
  Speaker 14: According to the prosecution's case.
• 1:03:10
  Speaker 3: So we've got those two seen at 5 o'clock. Their
• 1:03:13
  Speaker 3: moped's seen at the V at quarter past five. They're
• 1:03:16
  Speaker 3: nowhere to be seen. After Jodie's been murdered, it's kind
• 1:03:20
  Speaker 3: of bizarre.
• 1:03:24
  Speaker 10: Following appeals by police, the moped boys came forward five
• 1:03:28
  Speaker 10: days after the murder. One of the boys was Jodie's cousin,
• 1:03:33
  Speaker 10: John Ferris.
• 1:03:35
  Speaker 5: This is Jodie's cousin, and he takes five days to
• 1:03:38
  Speaker 5: come forward. Why would he do that?
• 1:03:42
  Speaker 9: The police were appealing for anybody that was on the
• 1:03:45
  Speaker 9: path or roundabout between five and ten o'clock that night
• 1:03:50
  Speaker 9: to come forward.
• 1:03:51
  Speaker 5: And just be eliminated. And these two didn't do that.
• 1:03:56
  Speaker 10: The moped boys were called as witnesses during the trial.
• 1:04:02
  Speaker 9: They were asked where they were when the bike was
• 1:04:06
  Speaker 9: propped against the wall without them, because the witness could
• 1:04:09
  Speaker 9: only see the bike, no people. And they said they
• 1:04:12
  Speaker 9: couldn't remember. They couldn't remember where they were, they couldn't
• 1:04:14
  Speaker 9: remember what they were doing. Most of their evidence was
• 1:04:17
  Speaker 9: they couldn't remember anything about that date. We then find
• 1:04:23
  Speaker 9: out that one of them, John Ferris, hacked all his
• 1:04:26
  Speaker 9: hair off by himself, with scissors, the day after the murder.
• 1:04:35
  Speaker 10: In a dramatic moment during their testimony, the moped boys
• 1:04:39
  Speaker 10: both denied murdering Jodie.
• 1:04:42
  Speaker 9: The defence actually put the questions to them directly. Did
• 1:04:47
  Speaker 9: you kill Jodie?
• 1:04:49
  Speaker 5: Directly. And Obviously, they both said no.
• 1:04:58
  Speaker 3: I hear it says Judge Nimmo Smith names them and
• 1:05:01
  Speaker 3: says it was clear they were in the firing line,
• 1:05:03
  Speaker 3: but points out that neither was actually accused outright of murder.
• 1:05:07
  Speaker 3: That's because they were just asked, you know the difference
• 1:05:11
  Speaker 3: with that, they've got to say, I put it to
• 1:05:14
  Speaker 3: you that you did murder Jodie Jones, instead of saying,
• 1:05:16
  Speaker 3: did you murder Jodie Jones?
• 1:05:20
  Speaker 9: When someone's convicted and that conviction is questionable and you
• 1:05:25
  Speaker 9: look back, you say, oh, yeah, they questioned him and
• 1:05:31
  Speaker 9: they put that all over the papers, but they didn't
• 1:05:35
  Speaker 9: question these people and nobody asked why. I didn't meet
• 1:05:49
  Speaker 9: Luke until... about eight weeks after Jodie was murdered.
• 1:05:54
  Speaker 5: So let's see.
• 1:05:58
  Speaker 9: In 2003, my future was alternative health. Never in a
• 1:06:02
  Speaker 9: million years would I have believed that I would end
• 1:06:05
  Speaker 9: up taking a completely different route, studying the law, learning
• 1:06:10
  Speaker 9: about wrongful convictions, and ending up doing a PhD in criminology.
• 1:06:18
  Speaker 5: This case... took me in a completely different direction.
• 1:06:24
  Speaker 10: Sandra Lean has continued to legally challenge the police treatment
• 1:06:28
  Speaker 10: of Luke Mitchell during the murder investigation as grounds for
• 1:06:31
  Speaker 10: a miscarriage of justice.
• 1:06:35
  Speaker 9: Luke had just turned 15 when he was detained on
• 1:06:39
  Speaker 9: August 14, 2003. Detained, he wasn't arrested, but he was
• 1:06:45
  Speaker 9: taken to the police station and questioned for hours with
• 1:06:52
  Speaker 9: no lawyer present.
• 1:06:54
  Speaker 5: He asked for his.
• 1:06:54
  Speaker 9: Mum and they wouldn't let him speak to her. He
• 1:06:58
  Speaker 9: asked for a lawyer and they told him he wasn't
• 1:07:02
  Speaker 9: entitled to one.
• 1:07:04
  Speaker 6: Do you get the idea, Luke?
• 1:07:05
  Speaker 4: Everybody's speaking about you carrying knives.
• 1:07:09
  Speaker 8: We've got all these people talking to the fact that
• 1:07:11
  Speaker 8: you're a violent laddie.
• 1:07:13
  Speaker 13: A violent laddie, okay.
• 1:07:15
  Speaker 6: You're a violent boy, okay.
• 1:07:19
  Speaker 8: Luke Mitchell, at the age of 15, and therefore still
• 1:07:49
  Speaker 8: a child, was interviewed for a lengthy period of time. Some,
• 1:07:54
  Speaker 8: albeit not all, of that interview was then used in
• 1:07:57
  Speaker 8: the case to convict him.
• 1:08:01
  Speaker 10: Three years later, Lord Justice General Lord Hamilton described the
• 1:08:05
  Speaker 10: police officer's conduct as outrageous.
• 1:08:14
  Speaker 9: At times, the nature of the questioning was such that
• 1:08:16
  Speaker 9: the questioner did not seem to be seriously interested in
• 1:08:20
  Speaker 9: a response from the appellant, but rather endeavouring to break
• 1:08:24
  Speaker 9: him down into giving some hoped-for confession by his overbearing
• 1:08:29
  Speaker 9: and hostile interrogation.
• 1:08:32
  Speaker 5: Interrogation. Such conduct, particularly.
• 1:08:36
  Speaker 9: Where the interviewee was a 15-year-old youth, can only be deplored.
• 1:08:45
  Speaker 10: The Scottish Criminal Cases Review Commission concluded in 2014 that
• 1:08:50
  Speaker 10: Luke Mitchell's human rights had been infringed during this interview.
• 1:08:55
  Speaker 8: Looking back now at how the police dealt with Luke
• 1:09:00
  Speaker 8: Mitchell when he was interviewed, it beggars belief. There should
• 1:09:05
  Speaker 8: have been no interview of a child without legal advice
• 1:09:11
  Speaker 8: and support.
• 1:09:18
  Speaker 10: With their re-examination of the case drawing to a close,
• 1:09:22
  Speaker 10: the former detectives review the evidence so far.
• 1:09:26
  Speaker 3: During the course of the investigation, we've uncovered what we
• 1:09:29
  Speaker 3: would regard as a number of potential suspects that are
• 1:09:33
  Speaker 3: basically in the same category as Luke Mitchell. So what
• 1:09:37
  Speaker 3: we intend to do today, Mick and I, is we're
• 1:09:39
  Speaker 3: going to go through each one at a time and
• 1:09:42
  Speaker 3: we'll apply things like motive, ability, identification, etc., It's a
• 1:09:48
  Speaker 3: tool that detectives have used for a long time. And
• 1:09:51
  Speaker 3: it's been very effective in some very high-profile murder cases. Right, Mick.
• 1:09:58
  Speaker 3: Stephen Kelly. Stephen Kelly. Jodie's sister's boyfriend.
• 1:10:02
  Speaker 14: Identification with blood found on the T-shirt that contained Stephen
• 1:10:08
  Speaker 14: Kelly's DNA.
• 1:10:09
  Speaker 5: There was DNA, male DNA, on the body. But it
• 1:10:13
  Speaker 5: wasn't Luke's.
• 1:10:15
  Speaker 3: And the DNA related to Stephen Kelly... Janine's boyfriend. Janine's boyfriend.
• 1:10:27
  Speaker 3: He then changed his statement, and by the time it
• 1:10:29
  Speaker 3: got to court, it was totally different from the statement
• 1:10:31
  Speaker 3: he provided at the start. In their first statement, they
• 1:10:34
  Speaker 3: said that Luke's dog, Maya, was sniffing the air and
• 1:10:37
  Speaker 3: was alerted to something. But then the statement they used
• 1:10:40
  Speaker 3: at court, the dog didn't sniff the air and Luke
• 1:10:42
  Speaker 3: went straight to the V, and it makes it look
• 1:10:44
  Speaker 3: as if Luke knew where the body was. The condom man.
• 1:10:50
  Speaker 9: That condom was found to have what was described as
• 1:10:52
  Speaker 9: fresh semen.
• 1:10:55
  Speaker 3: He would have been the strongest suspect, if not a
• 1:10:57
  Speaker 3: stronger suspect than Luke Mitchell.
• 1:10:59
  Speaker 16: Given that it was a young female and there was
• 1:11:02
  Speaker 16: a condom found with semen, I think it should have
• 1:11:04
  Speaker 16: had more significance than it apparently did.
• 1:11:08
  Speaker 14: Next we've got Gordon Dickey and John Ferris, the two
• 1:11:11
  Speaker 14: that we've referred to throughout this as the Moped Boys.
• 1:11:14
  Speaker 3: John Ferris, a relative of Jodie's family. Puts himself on
• 1:11:20
  Speaker 3: the path at the time of the murder. His moped's
• 1:11:22
  Speaker 3: seen at the time of the murder, near to the
• 1:11:26
  Speaker 3: murder scene.
• 1:11:27
  Speaker 5: And he takes five days to come forward. Why would
• 1:11:31
  Speaker 5: he do that?
• 1:11:32
  Speaker 3: He changes his appearance after the murder. Yeah, he cuts
• 1:11:35
  Speaker 3: his hair.
• 1:11:36
  Speaker 5: Hacked all his hair off.
• 1:11:37
  Speaker 3: Opportunity. Both had the opportunity.
• 1:11:40
  Speaker 14: They both know the area very well. They'd know how
• 1:11:43
  Speaker 14: to get away from the locusts of the murder quickly.
• 1:11:48
  Speaker 9: Most of their evidence was they couldn't remember anything about
• 1:11:51
  Speaker 9: that day.
• 1:11:53
  Speaker 3: Mark Kane stays nearby the locust. He stays in the college,
• 1:11:57
  Speaker 3: which is no far from the locust. He habitually carries
• 1:12:00
  Speaker 3: a knife. Next day, he turns up at his pal's house,
• 1:12:04
  Speaker 3: Scott Forbes. Mark Kane visited my flat in Leith.
• 1:12:06
  Speaker 19: The day after Jodie had been killed, he had big,
• 1:12:09
  Speaker 19: big scratches on his face.
• 1:12:11
  Speaker 14: So he's left the area. He's got injuries, scratches to
• 1:12:14
  Speaker 14: his face, redness to his eyes.
• 1:12:16
  Speaker 3: He's the closest to the locust. It's just directly across
• 1:12:18
  Speaker 3: a field. It's covert. You're out of sight. There does
• 1:12:23
  Speaker 3: not be a perfect escape route. Ah, definitely.
• 1:12:32
  Speaker 14: We come to the last person we're going to speak
• 1:12:34
  Speaker 14: about today, and it's probably our biggest person of interest.
• 1:12:37
  Speaker 14: From the whole reinvestigation John and I have carried out,
• 1:12:41
  Speaker 14: this person features massively. He did feature at the time
• 1:12:45
  Speaker 14: of the inquiry with the police, but for whatever reason,
• 1:12:49
  Speaker 14: it didn't seem to go any further, and his name
• 1:12:51
  Speaker 14: never came out. For various reasons, like I've said there,
• 1:12:55
  Speaker 14: we can't name that individual just now.
• 1:12:58
  Speaker 3: We could go further, but we've got to be careful.
• 1:13:01
  Speaker 3: Let's put it this way, when we started this investigation,
• 1:13:05
  Speaker 3: he was in the periphery, but the further we went
• 1:13:07
  Speaker 3: into it, the more he came to the fore, and
• 1:13:10
  Speaker 3: he's now sitting there as your strongest potential suspect.
• 1:13:13
  Speaker 18: I believe.
• 1:13:14
  Speaker 14: He's right up there.
• 1:13:21
  Speaker 11: I totally believe that the police wanted a quick arrest
• 1:13:26
  Speaker 11: because they were getting pressure from the public. A dangerous
• 1:13:30
  Speaker 11: person was at large and they were in fear for
• 1:13:34
  Speaker 11: their lives, basically. And what I'd say to them is,
• 1:13:37
  Speaker 11: you still should be because that person is still at large.
• 1:13:47
  Speaker 10: Journalist Bob Smith has sparked new interest in the case
• 1:13:51
  Speaker 10: and convinced the Mail on Sunday to pick up the story.
• 1:13:57
  Speaker 14: What made you get interested in the Whitmitchell case?
• 1:14:00
  Speaker 21: Well, I worked as a journalist for a Sunday newspaper
• 1:14:03
  Speaker 21: for many years and I did a lot of reporting
• 1:14:06
  Speaker 21: on crime.
• 1:14:07
  Speaker 6: I was interested in miscarriage justice.
• 1:14:09
  Speaker 21: Or alleged miscarriage of justice, putting information out there into
• 1:14:13
  Speaker 21: the public domain that might change the narrative around.
• 1:14:15
  Speaker 6: The Luke Mitchell case. So I went to the Mail
• 1:14:18
  Speaker 6: on Sunday.
• 1:14:18
  Speaker 21: I said to them, his mum is willing to do
• 1:14:21
  Speaker 21: a lie detector if you can help to arrange to
• 1:14:23
  Speaker 21: get a polygraph expert to come in and test her.
• 1:14:28
  Speaker 21: And I said, this is going to be a sensational
• 1:14:30
  Speaker 21: story either way. Either she's going to fail it, and
• 1:14:34
  Speaker 21: that's going to underline what the prosecution, the police.
• 1:14:39
  Speaker 6: and some of the public and the media thought.
• 1:14:43
  Speaker 21: Because she had given him an alibi for the time
• 1:14:46
  Speaker 21: that Jodie was apparently murdered.
• 1:14:50
  Speaker 6: Or else she'll pass it.
• 1:14:52
  Speaker 21: Can you imagine the eyebrows that will be raised if
• 1:14:55
  Speaker 21: that happens?
• 1:14:58
  Speaker 11: His alibi was me, obviously, because he was in the
• 1:15:01
  Speaker 11: house with me. Because I was working full time, obviously
• 1:15:06
  Speaker 11: I had to get help with the chores. That was
• 1:15:08
  Speaker 11: his chore. The majority of times he cooked evening meal.
• 1:15:14
  Speaker 21: It was a big gamble on the part of Corrine
• 1:15:16
  Speaker 21: to put herself forward to take a lie detector test.
• 1:15:19
  Speaker 21: Here's the key witness, the key alibi witness. And she's
• 1:15:24
  Speaker 21: so determined, so convinced that her story is true and
• 1:15:28
  Speaker 21: her son is innocent that she's going to put herself
• 1:15:30
  Speaker 21: through a polygraph test in the glare of a newspaper
• 1:15:34
  Speaker 21: who would be taking pictures. and who would publish the result,
• 1:15:38
  Speaker 21: even if it went against her.
• 1:15:42
  Speaker 10: In February 2012, Corrine Mitchell took the lie detector test
• 1:15:47
  Speaker 10: and agreed for the results to be published in the
• 1:15:50
  Speaker 10: Mail on Sunday.
• 1:15:51
  Speaker 13: Did you falsify Luke's alibi regarding his whereabouts on the
• 1:15:59
  Speaker 13: day of Jodie's death?
• 1:16:00
  Speaker 18: No.
• 1:16:04
  Speaker 12: I faced numerous accusations.
• 1:16:07
  Speaker 11: One of them being that I actually did the murder.
• 1:16:11
  Speaker 11: Another one being that Luke did the murder and I
• 1:16:14
  Speaker 11: helped him clean up. I'd burnt all his bloodied clothing
• 1:16:18
  Speaker 11: in my log burner.
• 1:16:22
  Speaker 13: Did you burn any clothing or evidence that would incriminate
• 1:16:26
  Speaker 13: Luke of Jodie's death?
• 1:16:27
  Speaker 18: No. MUSIC PLAYS.
• 1:16:36
  Speaker 13: Did you lie in your court testimony during Luke's trial?
• 1:16:40
  Speaker 12: No.
• 1:16:45
  Speaker 21: She's passed it without, you know, any hesitation, any suggestion
• 1:16:54
  Speaker 21: that her answers were in any way vague or not
• 1:16:58
  Speaker 21: 100% truthful.
• 1:17:00
  Speaker 6: So, yeah, certainly that led me to think.
• 1:17:06
  Speaker 21: Yeah, I've got to keep pushing on with this and
• 1:17:08
  Speaker 21: find out what other evidence and information there is in
• 1:17:11
  Speaker 21: this case.
• 1:17:14
  Speaker 10: Nine weeks later, from inside prison, Luke Mitchell also took
• 1:17:19
  Speaker 10: the lie detector test.
• 1:17:21
  Speaker 13: Did you stab Jodie on the 30th of June, 2003?
• 1:17:31
  Speaker 10: Corrine Mitchell had sensationally passed a lie detector test. Luke
• 1:17:41
  Speaker 10: Mitchell requested that he also be allowed to take the
• 1:17:44
  Speaker 10: test from inside prison.
• 1:17:47
  Speaker 21: We decided, right, let's see if we can get Luke
• 1:17:51
  Speaker 21: to get a polygraph, because that, again, would be, well,
• 1:17:55
  Speaker 21: compared to his mother passing a lie detector, that would
• 1:17:58
  Speaker 21: be an even more... dramatic, sensational twist in the story
• 1:18:04
  Speaker 21: if he passed as well.
• 1:18:08
  Speaker 10: The polygraph examiner tells Luke Mitchell to close his eyes
• 1:18:12
  Speaker 10: to block out distractions from the prison floor.
• 1:18:19
  Speaker 13: Did you know for certain where Jodie's body would be found?
• 1:18:30
  Speaker 13: Were you present when Jody was stabbed?
• 1:18:33
  Speaker 6: No.
• 1:18:42
  Speaker 13: Did you stab Jody on the 30th of June, 2003?
• 1:18:45
  Speaker 18: No.
• 1:18:45
  Speaker 3: As you can imagine, it caused quite.
• 1:18:50
  Speaker 21: A media sensation at the time and people obviously asking
• 1:19:15
  Speaker 21: questions could this indeed be a miscarriage of justice?
• 1:19:29
  Speaker 14: You as a professional journalist you deal with people telling
• 1:19:32
  Speaker 14: you the truth and telling you lies regularly as a
• 1:19:35
  Speaker 14: whole right from the start what's your opinion on Rick Mitchell?
• 1:19:39
  Speaker 21: Looking at all the different strands of the case that
• 1:19:43
  Speaker 21: cause concern and raise question marks, like lack of forensic evidence,
• 1:19:50
  Speaker 21: question marks over the liability of eyewitnesses, some of the
• 1:19:56
  Speaker 21: behaviour of the police. And then layer on top of
• 1:20:02
  Speaker 21: that the things I was directly.
• 1:20:04
  Speaker 14: Involved with, there was reasonable doubt.
• 1:20:08
  Speaker 21: And there was enough doubt about the conviction, enough question marks,
• 1:20:12
  Speaker 21: that we need to keep looking at this case. Is
• 1:20:17
  Speaker 21: it possible, is the real murderer of Jodie Jones still
• 1:20:20
  Speaker 21: out there walking about while an innocent man's spent a
• 1:20:24
  Speaker 21: long time in jail?
• 1:20:41
  Speaker 5: I'm going to go down and check on Corrine again.
• 1:20:44
  Speaker 9: I did speak with her last night, but her health
• 1:20:48
  Speaker 9: has deteriorated so badly over the last few months. Every
• 1:20:58
  Speaker 9: time I go down, every time she doesn't answer the phone,
• 1:21:02
  Speaker 9: every time I leave, it terrifies me that that's going
• 1:21:05
  Speaker 9: to be the last time and that next time, She's
• 1:21:12
  Speaker 9: not going to be there.
• 1:21:13
  Speaker 5: Or I'm going to go down and find her dead.
• 1:21:20
  Speaker 9: She's been a figure of so much hate in this
• 1:21:24
  Speaker 9: area for so long.
• 1:21:36
  Speaker 5: How are you feeling?
• 1:21:38
  Speaker 12: Pretty crap, to be honest.
• 1:21:41
  Speaker 5: Are you back at the hospital this week?
• 1:21:43
  Speaker 12: Well, I was supposed to be back yesterday, but they cancelled.
• 1:21:47
  Speaker 5: Freezing in here, Corrie. Absolutely freezing.
• 1:21:52
  Speaker 18: Yes, it is.
• 1:21:53
  Speaker 12: It is, but one gets used to it. Eventually, you
• 1:21:57
  Speaker 12: do what you have to do.
• 1:21:59
  Speaker 5: Well, not too many people have to do that. Even
• 1:22:02
  Speaker 5: Luke's got heat and water.
• 1:22:05
  Speaker 12: That's true, that's true. And he has a toilet.
• 1:22:08
  Speaker 5: He has a toilet, yeah.
• 1:22:10
  Speaker 12: Yes, yes, it's a wee joke we have. I've got
• 1:22:14
  Speaker 12: to slop out and he doesn't.
• 1:22:15
  Speaker 3: Yeah.
• 1:22:17
  Speaker 12: And he's the one in prison.
• 1:22:20
  Speaker 11: I have nightmares about popping my clogs before he gets released.
• 1:22:27
  Speaker 12: I really, really do because my mum, she....
• 1:22:33
  Speaker 11: She was determined to see her grandson out where he belonged. Unfortunately,
• 1:22:40
  Speaker 11: she was taken before her time. And I worry that
• 1:22:44
  Speaker 11: that's going to happen to me. It's not in my hands, basically, now.
• 1:22:55
  Speaker 12: It's not in my hands. It's in the hands of fate.
• 1:23:19
  Speaker 3: This is where we started with the investigation and we're
• 1:23:22
  Speaker 3: now at the end. Every time you come back here,
• 1:23:27
  Speaker 3: it's a horrible feeling of dread. What happened here was
• 1:23:33
  Speaker 3: beyond terrible. A 14-year-old girl murdered.
• 1:23:39
  Speaker 14: I do believe Luke Mitchell suffered a serious miscarriage of
• 1:23:42
  Speaker 14: justice and was let down by the legal system.
• 1:23:45
  Speaker 3: And he was also, in my opinion, let down by
• 1:23:47
  Speaker 3: a jury.
• 1:23:48
  Speaker 14: I can't understand how they could find him guilty beyond
• 1:23:51
  Speaker 14: reasonable doubt at that trial.
• 1:23:54
  Speaker 3: I would take it one step further. 27 years as
• 1:23:57
  Speaker 3: a police officer, my gut instinct has never let me down.
• 1:24:01
  Speaker 3: I'm not basing my opinion or my assumptions on that
• 1:24:03
  Speaker 3: gut instinct alone, but on the investigation we've carried out here.
• 1:24:08
  Speaker 3: In my opinion, Luke Mitchell did not commit this crime,
• 1:24:11
  Speaker 3: and he's innocent.
• 1:24:16
  Speaker 16: As a scientist, I don't take a view on innocence
• 1:24:19
  Speaker 16: or guilt. We tend to work on the evidence. In
• 1:24:24
  Speaker 16: my view, in this case, there simply seemed to be
• 1:24:27
  Speaker 16: an insufficiency of evidence for a conviction.
• 1:24:32
  Speaker 15: Until we have answers to all the questions surrounding this case,
• 1:24:37
  Speaker 15: this case will never go away.
• 1:24:43
  Speaker 10: Luke Mitchell's defence team have lodged three appeals between 2008
• 1:24:47
  Speaker 10: and 2011, all of which have been rejected.
• 1:24:55
  Speaker 5: So many lives were destroyed here.
• 1:24:58
  Speaker 9: Jodie lost her life, but so many others have lost
• 1:25:02
  Speaker 9: so much because the truth's just never been found.
• 1:25:18
  Speaker 12: I have a vision.
• 1:25:19
  Speaker 11: It's not a dream because I'm not asleep, but I
• 1:25:25
  Speaker 11: have a vision. I see Luke at the top of
• 1:25:31
  Speaker 11: these stairs, smiling. He's got his long hair again. Tied
• 1:25:38
  Speaker 11: back in a ponytail, wearing sunglasses. And he's smiling because
• 1:25:44
  Speaker 11: he's been released. There's something I just keep in there.
• 1:25:54
  Speaker 12: I just keep in there.