Latest / NO FILTER / Episode 5_ Don_t Do It Bro(M4A_128K)

Transcript

Episode 5_ Don_t Do It Bro(M4A_128K) · NO FILTER

• 0:15
  Speaker 1: I had first heard about the Brian Bowling case from
• 0:18
  Speaker 1: Joey Watkins, who was also convicted of a murder in
• 0:21
  Speaker 1: Floyd County and whose case had previously investigated. Joey had
• 0:25
  Speaker 1: been in prison with both Lee, Clark and Kane's story
• 0:28
  Speaker 1: and what he knew about the case came from his
• 0:30
  Speaker 1: conversations with them, And one of the things he told
• 0:33
  Speaker 1: me about was how Lee had once confronted Kine and
• 0:35
  Speaker 1: demanded to know what had really happened that night that
• 0:38
  Speaker 1: Brian Bowling died. Yeah, so Joey told me that your
• 0:43
  Speaker 1: play Monopoly once and he yes, I thought, with.
• 0:51
  Speaker 2: You gonna help clean right now and tell me what
• 0:53
  Speaker 2: happened in that damn room, I should go, And he
• 0:56
  Speaker 2: told me the same thing. The game of Brin was
• 0:58
  Speaker 2: in there playing a round a gun and a Brian
• 1:00
  Speaker 2: shot hisself. So you know, if you've got a thirty
• 1:03
  Speaker 2: eight revolver and you're looking at it, and you're looking
• 1:06
  Speaker 2: at the cylinder and you can tell where the bullet's in,
• 1:08
  Speaker 2: he says, that's what they were doing looking at it.
• 1:11
  Speaker 2: He's been in the round making sure the bullet wasn't there,
• 1:14
  Speaker 2: and then cocking to their head and pulled the trigger.
• 1:15
  Speaker 2: He said, they must spoke away. They're doing this they
• 1:17
  Speaker 2: laughing by of the whole like he said, joke like funny.
• 1:24
  Speaker 1: Lee and Kane has spent many of the years since
• 1:26
  Speaker 1: their conviction at the same prisons together. They've had a
• 1:29
  Speaker 1: lot of time to talk. Lee told me that every
• 1:32
  Speaker 1: time he's asked Kan about what happened to Brian, Kan
• 1:35
  Speaker 1: has given him the same answer, but he said he
• 1:38
  Speaker 1: still has his doubts.
• 1:41
  Speaker 2: I've been here for twenty five years, and I don't
• 1:43
  Speaker 2: know what he'll want on in that runner. I want
• 1:45
  Speaker 2: some closure for myself too. I'll say, the only person
• 1:49
  Speaker 2: that knows what happened in that room for sure, he's
• 1:51
  Speaker 2: change stories, change story and.
• 1:54
  Speaker 3: Brian bow and then the only two people to know
• 1:56
  Speaker 3: what happened in that room.
• 1:57
  Speaker 1: And he's the one person in this case that I'm
• 2:00
  Speaker 1: not sure we're going to be able to talk.
• 2:02
  Speaker 3: To and have a prepaid collect call to accept this call, BRESSL.
• 2:12
  Speaker 4: Hi Kane right now, This is Susan. Okay, thanks for
• 2:17
  Speaker 4: giving me a call.
• 2:25
  Speaker 3: Hi.
• 2:26
  Speaker 1: My name is Susan Simpson. I'm an attorney and podcaster
• 2:29
  Speaker 1: and previously I hosted the Undisclosed podcast.
• 2:33
  Speaker 5: Hi I'm just into Davis and I'm a true crime
• 2:35
  Speaker 5: TV producer. Last year, Susan and I decide to team
• 2:40
  Speaker 5: up and reinvestigate the murder of Brian Bowling. Along with
• 2:44
  Speaker 5: Kevin Fitzpatrick, president of Red Marble Media, we decided to
• 2:47
  Speaker 5: launch Proof. You can listen to Proof like you would
• 2:51
  Speaker 5: any podcast, and you can follow us everywhere with the
• 2:54
  Speaker 5: handle at proofcrime pod and on our website proofcrimepod dot com.
• 3:01
  Speaker 5: Thanks for listening and welcome to Proof.
• 3:17
  Speaker 1: It had been more than a year since we began
• 3:19
  Speaker 1: investigating this case and I still hadn't spoken to Cane's story.
• 3:24
  Speaker 4: He knew I was.
• 3:24
  Speaker 1: Working on the case and wanted to talk to him.
• 3:27
  Speaker 1: He'd written letters, and his mother June, had passed along
• 3:29
  Speaker 1: my request for him to give me a call, but
• 3:32
  Speaker 1: still nothing. I was starting to think that we might
• 3:36
  Speaker 1: never hear from the person who was there in the
• 3:38
  Speaker 1: room that night when Brian was shot and killed. Then
• 3:42
  Speaker 1: one day, out of the blue, my phone rang. It
• 3:45
  Speaker 1: was Caine's story calling.
• 3:47
  Speaker 3: I know you might have heard about and the game.
• 3:52
  Speaker 3: I wouldn't be gone and I would have been down there.
• 4:00
  Speaker 2: That was.
• 4:03
  Speaker 3: To be honest the.
• 4:06
  Speaker 1: Lee at length, but he there's a lot of that
• 4:08
  Speaker 1: he doesn't know.
• 4:10
  Speaker 3: Yeah, because he wasn't there. I mean, he doesn't know
• 4:13
  Speaker 3: I was there. I know what happened. I mean I
• 4:15
  Speaker 3: saw my two that he don't know. I mean, nobody
• 4:17
  Speaker 3: really knows about me, you know what I mean, Lee
• 4:20
  Speaker 3: don't know. Nobody knows who.
• 4:24
  Speaker 1: I asked Kin to tell me what had happened that night,
• 4:27
  Speaker 1: and he told me the same thing I'd already heard
• 4:29
  Speaker 1: from Lee and his brother Jamie about how the evening
• 4:32
  Speaker 1: had begun. The three of them had been hanging out,
• 4:35
  Speaker 1: driving around together until finally it was time for Cain
• 4:38
  Speaker 1: to go home. Lee and Jamie had dropped him off
• 4:41
  Speaker 1: at the Silver Creek minimart, and Cain started walking back
• 4:44
  Speaker 1: to his parents' trailer on the other side of the cemetery.
• 4:47
  Speaker 1: He still had his father's thirty revolver in his pocket,
• 4:50
  Speaker 1: which is why he says, when he passed my brand's
• 4:52
  Speaker 1: trailer he decided to stop in.
• 4:56
  Speaker 3: I'm walking and he always hid. If I ever handed down,
• 4:59
  Speaker 3: he'd got to see it. I'm offing to Brian's house,
• 5:05
  Speaker 3: and I started that a little more than my head.
• 5:07
  Speaker 3: I said, don't take that gun house. I'm the guy.
• 5:10
  Speaker 3: I walk in and my work, Bryan, he's he's in
• 5:17
  Speaker 3: the back room. I said, I don't know, and he's like,
• 5:21
  Speaker 3: who is? I says me, man, He said go on
• 5:24
  Speaker 3: in and he's got me. She still get coming out
• 5:32
  Speaker 3: and he's like, you gotta show it, and I said,
• 5:36
  Speaker 3: I care what I got and I pulled it out.
• 5:40
  Speaker 1: Brian asked if Kane had a joint, and Kane told
• 5:42
  Speaker 1: him no, but I'll show you what I do got
• 5:45
  Speaker 1: and pulled out the revolver.
• 5:47
  Speaker 3: That's when he goes drive fight. He still't do you
• 5:50
  Speaker 3: gotta see us? I got on. I gave him.
• 5:53
  Speaker 1: Who had the idea to play first?
• 5:55
  Speaker 3: Give me that idea.
• 5:57
  Speaker 1: Kane told me that Brian had just been dry firing
• 6:00
  Speaker 1: unloaded gun at first, but then Brian had asked for
• 6:02
  Speaker 1: a live round and Kane had handed him a shell.
• 6:06
  Speaker 1: That's when Brian began to play Russian Roulette. Only Kane
• 6:09
  Speaker 1: says he was cheating at the game.
• 6:14
  Speaker 2: And he don't making her nowhere around the middle her
• 6:19
  Speaker 2: he's put into his hand porn the trigger.
• 6:22
  Speaker 4: So were you playing for real or did you know.
• 6:24
  Speaker 2: That no the bark, we knew the border was nowhere
• 6:27
  Speaker 2: around so.
• 6:29
  Speaker 4: You could see the ball.
• 6:31
  Speaker 3: Yeah, yeah, well, we made sure it was nowhere near
• 6:33
  Speaker 3: the tamber. And now the whole time he's got a
• 6:36
  Speaker 3: potward a girl from what he's doing it. How about
• 6:39
  Speaker 3: Brian don't know we knew how crazy he knew it
• 6:42
  Speaker 3: again and he killed her and what he's doing.
• 6:45
  Speaker 5: Kane told Susan he was upset with Brian for playing
• 6:48
  Speaker 5: with a gun like that, but he must not have
• 6:51
  Speaker 5: been too upset about it, or at least he hadn't
• 6:54
  Speaker 5: been so upset that he wasn't willing to try playing
• 6:57
  Speaker 5: for himself.
• 6:58
  Speaker 4: You played Russian Roulette as well.
• 7:01
  Speaker 3: If I need, I'll play it one time he gives
• 7:04
  Speaker 3: me the gun instead of me being he shouldn't be
• 7:07
  Speaker 3: taking it now more. Now I to play the game
• 7:11
  Speaker 3: on the man. He's standing up the whole kind of
• 7:14
  Speaker 3: looking down at me, and I'll put it in my head.
• 7:16
  Speaker 3: I'll pour a trigger now I'm ran it. I didn't
• 7:18
  Speaker 3: spend the cylinder, none of that stuff.
• 7:24
  Speaker 5: If you're playing Russian Roulette for real, you're supposed to
• 7:27
  Speaker 5: spin the cylinder so that the single bullet ends up
• 7:30
  Speaker 5: at an unknown position in the revolver. You're not supposed
• 7:34
  Speaker 5: to look and see where it is before you pull
• 7:36
  Speaker 5: the trigger, because if you know there's no bullet in
• 7:39
  Speaker 5: the chamber next in line to be fired, then you
• 7:41
  Speaker 5: already know what the result is going to be. And
• 7:45
  Speaker 5: Kane told Susan That's how they played the game for
• 7:47
  Speaker 5: the first three rounds, Brian two times and Kinane once.
• 7:52
  Speaker 5: But Kaine says that when he handed the gun back
• 7:55
  Speaker 5: to Brian after his turn, that's when Brian decided he
• 7:58
  Speaker 5: was going to play Russian rule for real, abandoned.
• 8:10
  Speaker 3: He looked at me. I don't know, robbling worn pulled
• 8:17
  Speaker 3: the trigger.
• 8:21
  Speaker 5: Don't do it, Bro, I think it's the one Kane
• 8:25
  Speaker 5: says he told Brian, and Brian had told him you
• 8:28
  Speaker 5: think so. According to Kane, those were Brian's last words.
• 8:34
  Speaker 4: Were you watching when the shot was fired?
• 8:37
  Speaker 3: Yeah?
• 8:42
  Speaker 1: So I recently had a baby, and one thing I
• 8:45
  Speaker 1: was not expecting about pregnancy is how much my skin changed.
• 8:48
  Speaker 5: Between the new baby and the podcast. I doubt you've
• 8:51
  Speaker 5: had any time to get to a dermatologist.
• 8:53
  Speaker 1: I mean I had the thought that I should definitely
• 8:55
  Speaker 1: go do that, and then yeah, it's not gonna happen.
• 8:57
  Speaker 1: But luckily I learned about Apostrophe. Apostrophe is prescriptions getting
• 9:00
  Speaker 1: care company that offers science backed oral and topical medications
• 9:03
  Speaker 1: that are clinically proven to help queer acting.
• 9:05
  Speaker 5: Apostrophe connects you with a board certified dermatologists who will
• 9:09
  Speaker 5: create a personalized treatment plan that is perfectly tailored to
• 9:12
  Speaker 5: your unique skin.
• 9:14
  Speaker 1: Simply fill out apostrophes online quiz about your skin goals
• 9:16
  Speaker 1: and medical history, then staff a few selfies and your
• 9:19
  Speaker 1: dermatologist will create a customized treatment plan.
• 9:21
  Speaker 5: I signed up a couple of weeks ago, and it
• 9:23
  Speaker 5: was so easy I couldn't believe it. Filled out the form,
• 9:26
  Speaker 5: uploaded a few pictures, and within just a couple of
• 9:28
  Speaker 5: days I had a treatment plan and my meds around
• 9:30
  Speaker 5: the way.
• 9:31
  Speaker 1: If you're like me, you're not actually going to go
• 9:33
  Speaker 1: ahead and go to the dermatologists like you should. But
• 9:35
  Speaker 1: now Apostrophe has got you covered. It's so easy to
• 9:37
  Speaker 1: use and give you great treatment options. We also have
• 9:39
  Speaker 1: a special deal for our audience, say fifteen dollars off
• 9:42
  Speaker 1: your first visit with an Apostrophe provider at apostrophe dot
• 9:45
  Speaker 1: com slash proof. This code is only available to our listeners.
• 9:48
  Speaker 5: To get started, just go to apostrophe dot com slash
• 9:51
  Speaker 5: proof and click begin Visit.
• 9:54
  Speaker 1: That's a p O s t r o phe dot com,
• 9:58
  Speaker 1: slash proof and use the hold truth to get your
• 10:01
  Speaker 1: dermatologists practic treatment planned for five dollars and we then
• 10:06
  Speaker 1: apostrophe for sponsoring this podcast.
• 10:18
  Speaker 5: Lee Clark has heard Kane tell the story many times before,
• 10:23
  Speaker 5: but he says he hasn't always believed it. There have
• 10:25
  Speaker 5: been times when he has wondered if this story is
• 10:28
  Speaker 5: a lie and if King actually did kill Brian.
• 10:31
  Speaker 2: I've had my doubts about Kane, but over the years
• 10:35
  Speaker 2: I've come to really believe came for what he told me.
• 10:38
  Speaker 2: And I'm gonna tell you what makes me believe Kane.
• 10:40
  Speaker 2: What makes me really just believe what he says? And
• 10:43
  Speaker 2: it ain't nothing that Kane told me hisself. That ain't
• 10:46
  Speaker 2: what makes me believe Kane. What makes me believe Kane
• 10:49
  Speaker 2: is that boy's girlfriend that was talking to him on
• 10:52
  Speaker 2: the phone and he told her he's playing Russian room
• 10:54
  Speaker 2: lytte Gee's got no recent life, Kane, Hey would have
• 10:57
  Speaker 2: a recent lie, but she don't.
• 11:00
  Speaker 5: Caprice Hyatt was Brain's fifteen year old girlfriend, and according
• 11:04
  Speaker 5: to the investigators, she conspired with Cain and Lee to
• 11:07
  Speaker 5: murder Bryant. Bellisa's the only time in his life that
• 11:11
  Speaker 5: he ever saw Caprice was when she was on the
• 11:13
  Speaker 5: witness stand at his and Kane's trial.
• 11:16
  Speaker 2: In that trial, though, even when she was up for crying,
• 11:18
  Speaker 2: I know, for listening to this girl, and after hearing
• 11:21
  Speaker 2: all the testimony herd, I said, well, they're definitely telling
• 11:24
  Speaker 2: lies on this girl. The one being she'll know me,
• 11:28
  Speaker 2: and second being I ain't conspired for her to do shit.
• 11:30
  Speaker 2: And this girl ain't up very faking these damn tears.
• 11:32
  Speaker 2: She's ready crying because she misses her boyfriend. And y'all
• 11:35
  Speaker 2: up for trying to slander this girl's name with his bullshit.
• 11:40
  Speaker 2: So he kind of said, he said in with me
• 11:42
  Speaker 2: hard then, But I was still wondering what Kane. But
• 11:46
  Speaker 2: as I thought about this stuff, he years went by
• 11:48
  Speaker 2: and I started getting older and getting older. I said
• 11:50
  Speaker 2: that man, that girl was not lying. Man. That girl
• 11:52
  Speaker 2: was telling the truth. That boy killed hisself in that room.
• 11:55
  Speaker 2: And I finally wanted to kne one day and I
• 11:56
  Speaker 2: told him, I said, look, man, I saw her about
• 11:59
  Speaker 2: all this shit. I've been throwing it in your face
• 12:01
  Speaker 2: all the year, drilling you about this ship with Brian.
• 12:04
  Speaker 2: I said, I'm going to let you know right now, man,
• 12:06
  Speaker 2: I'm done with all that shit.
• 12:07
  Speaker 3: Man.
• 12:08
  Speaker 2: You never got to word about me throwing the shit
• 12:09
  Speaker 2: in your face anymore, never got worry about me drilling
• 12:11
  Speaker 2: you on your shit. Look I believe you, man, I
• 12:15
  Speaker 2: love you like a brother, man, And I'm sorry.
• 12:18
  Speaker 5: Lee says that Caprice Hyatt is the reason he finally
• 12:22
  Speaker 5: decided that Kine did not kill Brian. He doesn't know
• 12:25
  Speaker 5: whether he believes Kane, but he does believe Caprice. But
• 12:30
  Speaker 5: Brian's family believes that Caprice has a very compelling reason
• 12:34
  Speaker 5: to lie about what she heard on the phone that night.
• 12:38
  Speaker 1: Do you think Caprice is guilty too?
• 12:40
  Speaker 3: It happened that way, yeah, Jesus, as much as you
• 12:44
  Speaker 3: have as I are.
• 12:46
  Speaker 1: Do you know how or how she would have been?
• 12:48
  Speaker 6: I bless she was there to.
• 12:51
  Speaker 4: Keep him on the phone and distract him.
• 12:54
  Speaker 1: But why would she have done that?
• 12:55
  Speaker 7: I don't know, But I mean, why was she on
• 12:58
  Speaker 7: the phone and kept crying back like she did?
• 13:01
  Speaker 5: You know?
• 13:01
  Speaker 3: I mean, I don't know, you know, it just was weird.
• 13:06
  Speaker 5: Brian had spent the day out working with family friends
• 13:09
  Speaker 5: Weene and Charlie Childers. He didn't get home until that evening,
• 13:13
  Speaker 5: and while he was out of the house. Caprice had
• 13:16
  Speaker 5: called three or four times looking for Brian, something that
• 13:19
  Speaker 5: in hindsight, Brian's family finds to be very suspicious.
• 13:26
  Speaker 8: Yes, yes, she had called like four or.
• 13:29
  Speaker 1: Five times, and she talked to Kenneth once. Do you
• 13:32
  Speaker 1: remember that, Yeah, what he said?
• 13:34
  Speaker 3: I do.
• 13:34
  Speaker 8: I think he said, he's not here and I don't
• 13:37
  Speaker 8: know when he's going to be home, you know. I
• 13:40
  Speaker 8: think that's all he said to her.
• 13:42
  Speaker 1: I think he testified that he was teasing her about
• 13:45
  Speaker 1: Brian being with another girl. Oh, he probably did. There
• 13:50
  Speaker 1: was some I don't know who she was, some girl.
• 13:52
  Speaker 1: I think Kenne said like that there was a girl
• 13:53
  Speaker 1: of the street. So he was when when Caprice called,
• 13:56
  Speaker 1: he was like, Oh, Brian's out.
• 13:58
  Speaker 6: With so and so.
• 14:01
  Speaker 5: At the trial, both Kenneth and Amanda testified that it
• 14:04
  Speaker 5: hadn't been unusual for Caprice to call that often. They
• 14:08
  Speaker 5: also testified that the first time Caprice had called that evening,
• 14:11
  Speaker 5: it had been Kenneth who answered the phone, and Kenneth
• 14:15
  Speaker 5: had told her, Oh, Brian's not home, He's out at
• 14:18
  Speaker 5: the movies with that girl down the street right now.
• 14:21
  Speaker 5: Kenneth said that when she had called back a couple
• 14:23
  Speaker 5: times more, he kept teasing her that Brian was on
• 14:26
  Speaker 5: a date with someone else. When Brian finally did get home,
• 14:30
  Speaker 5: Kenneth told him what he'd said to Caprice. Brian had
• 14:33
  Speaker 5: immediately grabbed the phone and called Caprice back, telling her
• 14:37
  Speaker 5: not to listen to Kenneth, that he was lying and
• 14:39
  Speaker 5: he had been working all day, not on a date
• 14:41
  Speaker 5: with another girl.
• 14:44
  Speaker 1: And I think he said that. Brian got home and
• 14:46
  Speaker 1: I guess he talks to Capriese in the living room
• 14:48
  Speaker 1: and he's like, don't listen to what Kenna said.
• 14:50
  Speaker 8: Yeah, yes, I do remember that now. He said, don't
• 14:53
  Speaker 8: listen to what Kenna said. He's always got something to say.
• 14:56
  Speaker 8: He's always gonna mess we.
• 15:01
  Speaker 1: By the time of the funeral, Brian's family had become
• 15:03
  Speaker 1: suspicious of Caprice and why she called the house multiple
• 15:07
  Speaker 1: times that night. But when Caprice had tried to talk
• 15:10
  Speaker 1: to Brian's family afterwards, Amanda told us that her mother
• 15:13
  Speaker 1: hadn't one to hear from her at all. Why didn't
• 15:16
  Speaker 1: she want to speak to Caprice?
• 15:18
  Speaker 8: She just told her and she said, I just don't
• 15:20
  Speaker 8: believe nothing. I don't want to hear nothing you have
• 15:22
  Speaker 8: to say, you know, because Mama had you know, she
• 15:26
  Speaker 8: started thinking, you know, she was in it. She could
• 15:28
  Speaker 8: have been part of it.
• 15:30
  Speaker 9: I thought so too.
• 15:31
  Speaker 1: Why'd you think that.
• 15:33
  Speaker 8: Because she was on the phone with him?
• 15:37
  Speaker 1: Do you know what they said? Your role was just
• 15:39
  Speaker 1: that I was made to keep him on the phone.
• 15:42
  Speaker 10: Like they were accusing me of being a part of
• 15:44
  Speaker 10: the okay, like, hey, you got to keep him on
• 15:46
  Speaker 10: the phone so that you can do this and that
• 15:48
  Speaker 10: and that, Like I.
• 15:48
  Speaker 1: Was part of their little plan. And I had no clue.
• 15:52
  Speaker 10: I was fifteen year old and I a't even never
• 15:54
  Speaker 10: had a boyfriend before, no, like not no serious boyfriend.
• 15:58
  Speaker 1: And he wasn't even a serious boyfriend.
• 15:59
  Speaker 3: Yet, you know, I came out of man.
• 16:02
  Speaker 1: Caprice told us that she knows that Brian's friends and
• 16:04
  Speaker 1: families suspect that she was somehow involved in plotting Brian's death.
• 16:08
  Speaker 1: She's been dealing with the dirty looks for most of
• 16:10
  Speaker 1: her life now.
• 16:15
  Speaker 10: I mean I got harassed in school from his relatives,
• 16:18
  Speaker 10: people that knew him. Even after like years and years,
• 16:23
  Speaker 10: I was already in adults and I'm on Facebook, and
• 16:27
  Speaker 10: their message to me talking about do.
• 16:29
  Speaker 1: You ever even do you know what today is? Do
• 16:31
  Speaker 1: you ever even think about him? Anymore like steal at.
• 16:34
  Speaker 3: Me about it? You know that hurt.
• 16:36
  Speaker 1: I mean it hurt me like he was my sweetheart,
• 16:38
  Speaker 1: you know what I'm saying.
• 16:40
  Speaker 10: And so that just tells me that they steal to
• 16:43
  Speaker 10: this day. And there's this one girl that steals to
• 16:45
  Speaker 10: this day. If I see her in public, she gives
• 16:47
  Speaker 10: me that look.
• 16:49
  Speaker 1: After we talked to Caprice, I told Lee about what
• 16:51
  Speaker 1: she'd said and how she knew people still blamed her
• 16:54
  Speaker 1: for Brian's death.
• 16:56
  Speaker 3: And I wanted to bucket all the years I don't
• 16:58
  Speaker 3: know the girl I'm not working. How much was in
• 17:00
  Speaker 3: that court room. I wondered how her life has been
• 17:03
  Speaker 3: only years. I've always wanted somebody talk to her and
• 17:07
  Speaker 3: get her side of it and see see it would
• 17:09
  Speaker 3: have been like her. I can't amaze what she'd been
• 17:12
  Speaker 3: going through. She probably lived with your hell. People are
• 17:16
  Speaker 3: looking at her thinking that you get about her. Excuse me,
• 17:19
  Speaker 3: I always just thinking about that.
• 17:20
  Speaker 1: And she said the same thing you've all said. She
• 17:22
  Speaker 1: didn't even know you. She she talked to Can on
• 17:25
  Speaker 1: the phone, but she she never even sure she knew
• 17:28
  Speaker 1: your name.
• 17:30
  Speaker 3: No, we never met it. I didn't know her name
• 17:33
  Speaker 3: that they brought her in court.
• 17:35
  Speaker 1: Keane had talked to Capriz a couple of times when
• 17:38
  Speaker 1: she'd called while he was over there at Brian's, but
• 17:41
  Speaker 1: Kan says he too, had never met her in person
• 17:43
  Speaker 1: before Brian's death and.
• 17:46
  Speaker 3: All this about his girlfriend being this list. The first
• 17:49
  Speaker 3: time I ever saw her in my life was when
• 17:51
  Speaker 3: she took a stand and testified it. I see, they
• 17:54
  Speaker 3: live across town. Remember she so Pepper, so he had
• 18:01
  Speaker 3: to go to school across town an alternative. That's where
• 18:04
  Speaker 3: he met her when she took this down right now.
• 18:15
  Speaker 1: Caprice had gone to school at Cusa on the west
• 18:17
  Speaker 1: side of Rome. Brian was from Silver Creek, about ten
• 18:20
  Speaker 1: miles south of Rome. It was only because Brian had
• 18:23
  Speaker 1: been sent to the a school over near Cusa that
• 18:26
  Speaker 1: the two of them had even met. So even though
• 18:29
  Speaker 1: Brian and Caprice had talked in the phone just about
• 18:31
  Speaker 1: every day, they had only met in person a handful
• 18:33
  Speaker 1: of times. She'd never gone to Brian's house and he'd
• 18:36
  Speaker 1: never gone to hers.
• 18:38
  Speaker 10: I think the only other time I actually seen him
• 18:40
  Speaker 10: in person was when he got his mom to bring
• 18:43
  Speaker 10: me to my work at GMC food Mart before they redone.
• 18:45
  Speaker 3: It.
• 18:45
  Speaker 10: It was very small, and then hey, we met at
• 18:50
  Speaker 10: the Coke Machines right there at the lux room, like
• 18:54
  Speaker 10: and just sat there and drank our coats and talked.
• 18:56
  Speaker 1: You know, it was it was a sweet thing. Shortly
• 19:00
  Speaker 1: before Cannonley's trial, Caprice have been brought in and questioned
• 19:04
  Speaker 1: by Sergeant Dallas Battle and District Attorney Timmy Coulston. They
• 19:09
  Speaker 1: made it clear to her that they believed she'd been
• 19:11
  Speaker 1: part of the murder conspiracy.
• 19:13
  Speaker 5: How did during the questioning with Dallas Battle, Like, how
• 19:16
  Speaker 5: was he treating.
• 19:17
  Speaker 3: You very horribly?
• 19:19
  Speaker 1: Like I like I held a gun myself and killed him,
• 19:23
  Speaker 1: you know, just treated me like.
• 19:25
  Speaker 10: Like I was a criminal, like I had actually done
• 19:28
  Speaker 10: was red handed, you know what I'm saying, Like that's
• 19:31
  Speaker 10: how he treat me, and I I'll never forget that.
• 19:35
  Speaker 10: That was a horrible Did you feel pressure to like
• 19:39
  Speaker 10: change your story, your story at all or that?
• 19:41
  Speaker 1: I feel like that's what they I did.
• 19:43
  Speaker 10: I felt like they wanted me to lie to them,
• 19:47
  Speaker 10: Like they didn't want to hear my story, They didn't
• 19:49
  Speaker 10: want to believe what I said. They wanted me to
• 19:52
  Speaker 10: be guilty. They wanted me to be doing what they
• 19:55
  Speaker 10: thought I was doing. I remember, but like balling, like
• 19:57
  Speaker 10: breaking down like I was.
• 20:00
  Speaker 4: It was.
• 20:00
  Speaker 1: It was terrifying.
• 20:01
  Speaker 2: For one.
• 20:04
  Speaker 1: Although Caprice was on the phone when Brian was shot,
• 20:07
  Speaker 1: she says she never heard the gunshot go off. Caprice
• 20:10
  Speaker 1: told us that the DA was convinced she was lying
• 20:12
  Speaker 1: about this. She was certain Caprice must have heard the
• 20:15
  Speaker 1: gun shot, and she warned Caprice that if she testified
• 20:18
  Speaker 1: in court that Brian had told her he was playing
• 20:20
  Speaker 1: Russian Roulette, she had faced prosecution herself. Did they tell
• 20:25
  Speaker 1: you you were in trouble or say that would be
• 20:27
  Speaker 1: coind like with a threatened criminal consequences?
• 20:29
  Speaker 10: They said, you know, you can go to jail for
• 20:32
  Speaker 10: lying in court. You know, I didn't use the word perjury,
• 20:36
  Speaker 10: but yeah, that's pretty much how they included.
• 20:40
  Speaker 1: That you could go to jail for yeah, for a
• 20:42
  Speaker 1: story and what you say in court, you'll go to jail.
• 20:45
  Speaker 1: You'll go to jail because you'll be lying, yes, that
• 20:48
  Speaker 1: sort of thing. Yeah, no, you're lying.
• 20:51
  Speaker 10: You know you can go to jail for that if
• 20:52
  Speaker 10: you testify in court and you get caught line because you're.
• 20:56
  Speaker 1: Sworn in and blah blah blah that sort of thing.
• 20:58
  Speaker 1: But you didn't change your story. If you consider changing
• 21:01
  Speaker 1: your story in the end, Caprice was not prosecuted either
• 21:06
  Speaker 1: for the legend murder conspiracy or for the threatened perjury charges.
• 21:11
  Speaker 1: But as Brian's aunt Melody told us, Brian's family believes
• 21:14
  Speaker 1: that Caprice was allowed to get away with murder.
• 21:17
  Speaker 7: But I mean, I do know that, you know, he
• 21:19
  Speaker 7: felt like that it was pre planned that you know,
• 21:22
  Speaker 7: Caprice was calling Brian getting him home, you know, then
• 21:25
  Speaker 7: that way they'd know when he got home, because Josh
• 21:27
  Speaker 7: came in after Brian got home.
• 21:31
  Speaker 4: So why didn't they charge Caprice?
• 21:33
  Speaker 10: Not?
• 21:33
  Speaker 3: Did this?
• 21:34
  Speaker 7: No, not that it was anything explained to me. That
• 21:37
  Speaker 7: was that I understood, right, I mean, I never understood
• 21:41
  Speaker 7: why she was not on trial.
• 21:44
  Speaker 5: To According to Josh slash Kan, Sergeant Battle had wanted
• 21:49
  Speaker 5: to put Caprice on trial. In fact, he'd asked for
• 21:52
  Speaker 5: Kine's help in making that happen. Kin had been visiting
• 21:55
  Speaker 5: family in Tennessee when the warrant was issued for his arrest,
• 21:59
  Speaker 5: and Battle had driven there to pick him up and
• 22:01
  Speaker 5: take him back to Rome. That's when Battle proposed a deal.
• 22:07
  Speaker 3: You know, you know how, I mean you never heard
• 22:09
  Speaker 3: him tell how you know he Caine, we got all
• 22:13
  Speaker 3: Therd Kyle Uk we needed to roll on the two people.
• 22:17
  Speaker 5: Yeah, Kane says. Dallas Battle told him, we need you
• 22:21
  Speaker 5: to roll on two people, and at first, Kane says
• 22:25
  Speaker 5: he hadn't understood who Battle was referring to.
• 22:29
  Speaker 3: You need me to roll on to me? Was that's
• 22:31
  Speaker 3: what he said? I'm thinking going on? No, I belin
• 22:36
  Speaker 3: because he wanted to playing home about you know that
• 22:38
  Speaker 3: Lee knows Kapris not really okay, he wasn't kind of ball.
• 22:44
  Speaker 4: He said, Lee New Caprice.
• 22:47
  Speaker 3: Yeah, yeah, he said. He said that was their whole
• 22:49
  Speaker 3: theory and that that that that that you know, all
• 22:52
  Speaker 3: the beards playing main Lee and Cabra to have Brian
• 22:57
  Speaker 3: Gil but he knew knew much about him play.
• 23:01
  Speaker 5: Kane says he was told that if he helped Sergeant
• 23:03
  Speaker 5: Battle make a case against Lee in Caprice, they'd go
• 23:06
  Speaker 5: easy on him for his sentence.
• 23:09
  Speaker 3: Appointing new Hand and you'll come out never on the
• 23:13
  Speaker 3: road came I'm learning thing was playing that and I apoint.
• 23:18
  Speaker 5: Can Kane did not take the deal.
• 23:24
  Speaker 3: I told downs about trying to sample go back to
• 23:26
  Speaker 3: your stage and twenty Tom played there, what you do? Bro?
• 23:29
  Speaker 3: I told you what the hell happened? You didn't leave
• 23:32
  Speaker 3: his hands to plus keep.
• 23:37
  Speaker 1: Susan.
• 23:37
  Speaker 5: Last night, I got home from filming an interview at midnight.
• 23:41
  Speaker 3: I flew in.
• 23:41
  Speaker 5: I was hungry. I went to the cupboard to pour
• 23:43
  Speaker 5: myself a bowl.
• 23:44
  Speaker 1: Of Magic Spoon.
• 23:45
  Speaker 2: It was gone.
• 23:46
  Speaker 5: My kids had eaten it all. I was away.
• 23:48
  Speaker 4: Rookie mistake.
• 23:49
  Speaker 1: Just send out. You gotta hide that now, I know. Yeah, see,
• 23:52
  Speaker 1: my magic spoon is not in the main pantry shelf.
• 23:54
  Speaker 1: I'll just ask for trouble. I keep it in my office.
• 23:56
  Speaker 5: I love how your baby's not even old enough to
• 23:58
  Speaker 5: eat cereal and you already know hide it from her.
• 24:00
  Speaker 1: It's my husband's the problem. And for people who.
• 24:03
  Speaker 5: Don't know what magic spoon is, Susan, do you want
• 24:06
  Speaker 5: to share the joys of this cereal?
• 24:08
  Speaker 1: Magic Spoon is the tastiest children's cereal you ever had,
• 24:11
  Speaker 1: only it's for adults and actually healthy.
• 24:13
  Speaker 5: It has zero grams of sugar, thirteen to fourteen grams
• 24:16
  Speaker 5: of protein, and only four net grams of carbs in
• 24:18
  Speaker 5: each serving and.
• 24:19
  Speaker 1: Only one hundred and forty calories per serving. It's Quto friendly,
• 24:22
  Speaker 1: gluten free, grain free, soy free, and low.
• 24:24
  Speaker 5: Carb and you can get a variety pack so all
• 24:27
  Speaker 5: your favorite flavors cocoa, fruity frosted or peanut butter.
• 24:31
  Speaker 1: Go to magicspoon dot com slash proof and grab yourself
• 24:34
  Speaker 1: a variety pack and try it today, and be sure
• 24:36
  Speaker 1: to use our promo code proof at checkout to save
• 24:39
  Speaker 1: five dollars off your order.
• 24:40
  Speaker 5: Magic Spoon is so confident in their product it's backed
• 24:43
  Speaker 5: with one hundred percent happiness guarantee. So if you don't
• 24:46
  Speaker 5: like it, which I can't believe you won't, but if
• 24:48
  Speaker 5: you don't, they'll refund your money, no questions asked.
• 24:51
  Speaker 1: Remember, get your next delicious s froll of guilt free
• 24:53
  Speaker 1: cereal at magicspoon dot com slash proof and use the
• 24:56
  Speaker 1: code proof to save five dollars off.
• 25:08
  Speaker 5: If Kin had rolled like Battle had requested, then it's
• 25:12
  Speaker 5: likely Caprice would have been charged as well. Kin didn't
• 25:16
  Speaker 5: do it, But even if Caprice couldn't be prosecuted, investigators
• 25:20
  Speaker 5: still had to explain her away. In order to prosecute
• 25:24
  Speaker 5: Kin and Lee, they had to explain why she claimed
• 25:27
  Speaker 5: to hear Brian say he was playing Russian roulette, and
• 25:30
  Speaker 5: while one of their theories had been that Brian had
• 25:32
  Speaker 5: been killed for knarking on his fellow gang members about
• 25:35
  Speaker 5: the safe theft. They had a second theory too. They
• 25:40
  Speaker 5: told a number of people that the real motive wasn't
• 25:42
  Speaker 5: a revenge gang killing, it was a lover's triangle. Exactly
• 25:47
  Speaker 5: who they thought was part of the triangle is unclear,
• 25:51
  Speaker 5: but according to the second theory, either Lee or Kin
• 25:54
  Speaker 5: had secretly been dating Caprice and they needed Brian out
• 25:58
  Speaker 5: of the picture.
• 26:00
  Speaker 3: Nobody hadn't even got a motive behind him. I mean
• 26:05
  Speaker 3: the rumor more than I heard that, And.
• 26:08
  Speaker 4: I'm like, okay, you heard rumors about that. Yeah, yeah,
• 26:14
  Speaker 4: I mean I heard rumors.
• 26:15
  Speaker 1: That you and the priest were dating.
• 26:16
  Speaker 5: So we talked to Pete Jordan. That's the fourth boy
• 26:23
  Speaker 5: who was involved in the safe theft, along with Kan
• 26:25
  Speaker 5: and Lee and Joseph Wilkins. He's also an alleged member
• 26:29
  Speaker 5: of the Freebird gang. But Pete told us that he
• 26:32
  Speaker 5: hadn't been aware that the safe theft was supposed to
• 26:35
  Speaker 5: have been the motive for Brian's death.
• 26:38
  Speaker 1: What Pete Jordan thought the motive was or what the what?
• 26:43
  Speaker 1: What Dallas Battles questioning left him with the impression of
• 26:46
  Speaker 1: is that the murder was over a girl, and that
• 26:48
  Speaker 1: there was a girl. Brian was seeing who was seeing
• 26:50
  Speaker 1: someone else?
• 26:51
  Speaker 8: And I don't know.
• 26:55
  Speaker 5: Jealousy between Kan and Brian over.
• 26:59
  Speaker 3: As if.
• 26:59
  Speaker 1: When questioned him, he made Pete Jordan believe that Cain
• 27:05
  Speaker 1: and Caprice had a thing going on, so therefore they
• 27:09
  Speaker 1: conspired to.
• 27:12
  Speaker 4: Kill Brian.
• 27:14
  Speaker 5: There were a number of people interviewed by Sergeant Battle
• 27:17
  Speaker 5: and Investigator Stuart who walked away from the interview thinking
• 27:20
  Speaker 5: the same thing Pete Jordan had. That investigators belief Brian
• 27:25
  Speaker 5: had been murdered because of some kind of lover's quarrel.
• 27:30
  Speaker 1: Oh David Stewart asked, did Caprice have anything going on
• 27:35
  Speaker 1: and the other boys in that group that was their theory? Well,
• 27:38
  Speaker 1: then I was messing around with somebody else. We talked
• 27:42
  Speaker 1: to a jails informant who was He admitted that the
• 27:44
  Speaker 1: police came and said you help us, will help you,
• 27:47
  Speaker 1: and he thought that the story was that Brian was
• 27:50
  Speaker 1: killed of a love triangle between you and one of
• 27:54
  Speaker 1: the boys.
• 28:00
  Speaker 5: After Cain and Lee were arrested and taken to the
• 28:02
  Speaker 5: Floyd County Jail, investigators spoke to a number of inmates
• 28:06
  Speaker 5: who said that either Caine or Lee or both had
• 28:09
  Speaker 5: confessed to them. Almost all of these interviews have been lost.
• 28:13
  Speaker 5: But when we went to the Floyd County Police Department
• 28:16
  Speaker 5: to look at the file ourselves, we found one cassette
• 28:19
  Speaker 5: tape that was still there. What we saw at the
• 28:27
  Speaker 5: police department just now was like a one inch file
• 28:32
  Speaker 5: for a murder case that contained one cassette tape from
• 28:37
  Speaker 5: an interview that never even made it into the trial documents,
• 28:43
  Speaker 5: or it wasn't an.
• 28:44
  Speaker 1: Exist no transcript to Jeahousic format who it was not
• 28:49
  Speaker 1: until ninety eight, so much later on, just before trial,
• 28:52
  Speaker 1: And that's the only tape there.
• 28:54
  Speaker 5: And it was a little bizarre to hear Dallas Battle's voice.
• 28:59
  Speaker 1: That maybe the only record for get of it, given
• 29:01
  Speaker 1: how much of the case file that Floyd County managed
• 29:04
  Speaker 1: to lose.
• 29:06
  Speaker 11: I'm sorry, Dallas Battle, Floyd can't Police department with me
• 29:10
  Speaker 11: here at Floyd County Jails, Investigator Danny Logan, We're gonna
• 29:13
  Speaker 11: be interview and run. It is January ninth, nineteen ninety eight,
• 29:19
  Speaker 11: at seven thirty five pm.
• 29:23
  Speaker 5: Ron was not asked to testify at trial. That may
• 29:26
  Speaker 5: be because he showed up too late to be of
• 29:28
  Speaker 5: any use. It was right before the trial when Dallas
• 29:31
  Speaker 5: Battle interviewed him and That may be why this one
• 29:34
  Speaker 5: tape exists when everything else is now gone. It may
• 29:37
  Speaker 5: be that investigators didn't even bother to turn this cassette
• 29:40
  Speaker 5: tape over to the DA's office, so it remained in
• 29:43
  Speaker 5: the police file all these years.
• 29:46
  Speaker 11: Okay, well you don't want you nobody.
• 29:49
  Speaker 10: Lee and Clark had told me about the murley.
• 29:52
  Speaker 4: He said that he's the trigar man.
• 29:54
  Speaker 9: He shot the boy in the head and writes him
• 29:57
  Speaker 9: the reason why they shotow college boy, lues about a
• 29:59
  Speaker 9: bird they had birderalized, and that the girl that the.
• 30:03
  Speaker 4: Boy was going with bowling, she said everything up.
• 30:06
  Speaker 1: They told her to.
• 30:07
  Speaker 9: Stay on the phone with him until they got the kids, and.
• 30:10
  Speaker 3: Then when they got there, they shot him in the
• 30:11
  Speaker 3: head with her the ball.
• 30:15
  Speaker 11: Did they say the girl's name, No, sir, it did,
• 30:20
  Speaker 11: but it was her job to keep him on the phone.
• 30:24
  Speaker 4: Yes, sir, that's correct.
• 30:27
  Speaker 1: Sergeant Dallas Battle had wanted to use statements from inmates
• 30:29
  Speaker 1: at the Floyd County Jail to prove the Caprice have
• 30:32
  Speaker 1: been part of a conspiracy the murder Brian. It wasn't
• 30:35
  Speaker 1: just the prosecution, though, who'd wanted to hear from witnesses
• 30:38
  Speaker 1: who'd been in the jail at the same time as
• 30:40
  Speaker 1: Liam Kine. There was an inmate that the defense had
• 30:43
  Speaker 1: wanted to call it trial as well.
• 30:47
  Speaker 3: Okay, the one that was coming to Tifi bhad he's
• 30:50
  Speaker 3: dead now. But James Mullen, he was coming to testify,
• 30:56
  Speaker 3: and they were actually hand people. He said him. He
• 31:02
  Speaker 3: didn't held them about.
• 31:09
  Speaker 5: James Mullins did not end up testifying. In fact, in
• 31:14
  Speaker 5: the end, the only witness from the Floyd County Jail
• 31:16
  Speaker 5: that the jury heard from was a guy named Danny.
• 31:19
  Speaker 5: Danny testified that while at the Floyd County Jail with Cain,
• 31:23
  Speaker 5: he and some other inmates held a mock trial with
• 31:25
  Speaker 5: Cain about his case. Danny said they played judge and jury,
• 31:30
  Speaker 5: and during his mock testimony, Cain had initially claimed that
• 31:33
  Speaker 5: Brian had killed himself, but then Danny said Caine changed
• 31:38
  Speaker 5: his story. Caine told the inmates, who were pretending to
• 31:43
  Speaker 5: be a jury panel that quote it might have been
• 31:46
  Speaker 5: a you know, a conspiracy end quote, and then he
• 31:50
  Speaker 5: said that Lee Clark also had a hand in it.
• 32:00
  Speaker 5: Last year, Susan and I went to speak to Danny.
• 32:03
  Speaker 5: He did not want to be recorded, but he was
• 32:06
  Speaker 5: willing to sit down the chat with us for a bit.
• 32:09
  Speaker 5: He seemed concerned about people knowing he had been a
• 32:11
  Speaker 5: jail house informant, but he did remember the case. It
• 32:15
  Speaker 5: was a really screwed up thing. He told us it
• 32:18
  Speaker 5: really was. In May of nineteen ninety seven, Danny had
• 32:23
  Speaker 5: been in the Floyd County jail when Sergeant Battle had
• 32:26
  Speaker 5: come to him and asked him to give a statement
• 32:28
  Speaker 5: about Cane's story. All of this, Danny told us, was
• 32:33
  Speaker 5: built on the premise of you help us, We'll help you.
• 32:38
  Speaker 5: We asked Danny what he meant by that, and he
• 32:40
  Speaker 5: said that meant helping me with my criminal situation, which
• 32:45
  Speaker 5: they did.
• 32:48
  Speaker 1: So Dalla's Battle is super dirty, which we already knew.
• 32:52
  Speaker 1: The facts are in. The facts are coming through someone else.
• 32:55
  Speaker 1: But Dala's Battle tells them. The family is pressure of mate, right,
• 32:59
  Speaker 1: they want these two boys arrested. They have to be
• 33:03
  Speaker 1: in the same place at the same time. It has
• 33:06
  Speaker 1: to be intentional. Yeah, I mean, like he was pretty clear.
• 33:10
  Speaker 1: Like he didn't say like I lied about what I
• 33:12
  Speaker 1: heard because I'd offered a deal. But he has said
• 33:14
  Speaker 1: all but that. Yeah, he said, reduced time, reduced sentence,
• 33:20
  Speaker 1: you help me, I'll help you.
• 33:23
  Speaker 5: Danny told us that it had not been Dallas Battle
• 33:26
  Speaker 5: who had told him or the other jail house informants
• 33:29
  Speaker 5: about what investigators believed happened to Brian, like how about
• 33:33
  Speaker 5: he'd been shot through a window, or how Caine had
• 33:35
  Speaker 5: first claimed that Brian died playing Russian Roulette. All that
• 33:39
  Speaker 5: information had been provided to them by another inmate, an
• 33:43
  Speaker 5: inmate who'd been chummy with both Sergeant Battle and the sheriff.
• 33:47
  Speaker 5: He was the one who brought all of this to us,
• 33:49
  Speaker 5: Danny said. So, Dallas Battle hadn't needed to tell Danny
• 33:53
  Speaker 5: any facts about the case, But what Sergeant Battle did
• 33:57
  Speaker 5: tell Danny was that his statement needed to contain in
• 34:00
  Speaker 5: some specific elements, like how he needed to place Lee
• 34:03
  Speaker 5: and Kane together at the same time, and how he
• 34:07
  Speaker 5: needed to specify that Brian's killing had been intentional.
• 34:12
  Speaker 1: Both Lee and Kane told me that they had never
• 34:14
  Speaker 1: confessed anyone. In fact, they don't remember even meeting any
• 34:18
  Speaker 1: of these informants while they were at the jail.
• 34:21
  Speaker 3: I don't yeah, I don't know who he was. I
• 34:24
  Speaker 3: was never in a domatory with it. Yet, I didn't
• 34:28
  Speaker 3: know about nothing new gailiformers. I didn't know I mean,
• 34:35
  Speaker 3: I think you need in the sight sail block. I
• 34:38
  Speaker 3: think they said them guys were in the blog block.
• 34:46
  Speaker 1: Investigating old criminal cases is difficult. There are lots of
• 34:49
  Speaker 1: hard questions you have to answer, but the hardest question
• 34:54
  Speaker 1: to answer is often what am I going to feed
• 34:56
  Speaker 1: my kids tonight?
• 34:57
  Speaker 5: Figuring out what to feed your kids is really difficult.
• 35:01
  Speaker 5: They're picky, they don't like the same things.
• 35:04
  Speaker 1: It's give me a thirty year old murder case any
• 35:06
  Speaker 1: day of.
• 35:06
  Speaker 4: The week exactly.
• 35:07
  Speaker 5: But you know, Little Spoon takes care of all of that.
• 35:10
  Speaker 5: Little Spoon makes healthy meal time easy at every stage,
• 35:13
  Speaker 5: saving hours of your week, and all at a reasonable price.
• 35:17
  Speaker 5: They're also the most flexible company. Pause, modify, cancel, or
• 35:21
  Speaker 5: skip at any time.
• 35:22
  Speaker 1: Little Spoon makes everything fresh and uses absolutely nothing artificial.
• 35:26
  Speaker 1: It's just like a homemade meal, all delivered to your
• 35:28
  Speaker 1: door and ready in seconds. Hop your meals in the
• 35:30
  Speaker 1: fridge or freezer and use them when you're ready. It's
• 35:32
  Speaker 1: that easy. If you don't know what Little Spoon is,
• 35:35
  Speaker 1: let me tell you.
• 35:36
  Speaker 5: Little Spoon is a one stop shop for healthy, easy
• 35:39
  Speaker 5: meal time, snack time for your baby, toddler, and big kid,
• 35:43
  Speaker 5: and it's delivered right to your door.
• 35:45
  Speaker 1: Seriously. I try them myself and they are legit delicious.
• 35:48
  Speaker 1: My baby is gonna eat better than me. And the
• 35:49
  Speaker 1: best part, the price is right. With kids meals under
• 35:52
  Speaker 1: five dollars and baby food and smoothie snacks under three dollars,
• 35:56
  Speaker 1: it makes trying Little Spoon easy. Start the new year
• 35:58
  Speaker 1: fresh with Little Spoon eight fifty percent off your first
• 36:01
  Speaker 1: order with a code proof at checkout.
• 36:03
  Speaker 5: Don't forget enter code proof at checkout to get fifty
• 36:06
  Speaker 5: percent off your first Little Spoon order. Danny told us
• 36:25
  Speaker 5: that in the story he'd been told about Brian's death,
• 36:28
  Speaker 5: there was supposedly a girl that had a key part
• 36:30
  Speaker 5: in the conspiracy, and for what Danny had heard, it
• 36:33
  Speaker 5: was bitterness over the girl that had motivated Brian's murder.
• 36:39
  Speaker 5: But at trial, Danny had not been allowed to testify
• 36:42
  Speaker 5: to anything about a girl being involved. The jury got
• 36:46
  Speaker 5: to hear him say that Caine had confessed to the
• 36:48
  Speaker 5: murder while in jail, and that he and Lee had
• 36:50
  Speaker 5: been part of a conspiracy together, but then the judge
• 36:53
  Speaker 5: decided that under the confrontation clause of the US Constitution,
• 36:57
  Speaker 5: that was all the jury would be allowed to hear
• 36:59
  Speaker 5: from Dan so he was dismissed, though this also meant
• 37:03
  Speaker 5: that the defense never got a chance to cross examine Danny.
• 37:08
  Speaker 5: But without the testimony of Danny or any other jail
• 37:11
  Speaker 5: house informant, the only evidence the prosecution had to suggest
• 37:15
  Speaker 5: that Caprice had any part in a conspiracy came from
• 37:18
  Speaker 5: Angela Bruce. It was Angela who told police that Lie
• 37:23
  Speaker 5: and Kane had attended a party while at her trailer,
• 37:26
  Speaker 5: and while sitting around the kitchen table, had confessed to murder.
• 37:30
  Speaker 5: Angela also said that while the two boys are making
• 37:33
  Speaker 5: this confession, Caprice had shown up at her doorstep asking
• 37:36
  Speaker 5: for Lee and Kane. We showed Caprice what Angela had
• 37:39
  Speaker 5: said about her at trial.
• 37:43
  Speaker 1: And angel Burce says, that's right, and that the signal
• 37:47
  Speaker 1: was to go ahead with a plan to kill.
• 37:50
  Speaker 3: Brian.
• 37:51
  Speaker 1: And she came. This is Angela. She came up to
• 37:54
  Speaker 1: my door and that's how I recognized her. She has
• 37:57
  Speaker 1: blonde hair.
• 38:00
  Speaker 3: Time of all life.
• 38:01
  Speaker 1: Girl, My heir is dark this but it couldn't b
• 38:05
  Speaker 1: but it was not blonde.
• 38:06
  Speaker 3: Nope.
• 38:06
  Speaker 10: And I mean anybody who say me at the ask
• 38:09
  Speaker 10: Bron's mama what color my her is?
• 38:11
  Speaker 1: And she came to my door and asked for Josh
• 38:14
  Speaker 1: and Lee. And that's how I, you know, recognized her.
• 38:17
  Speaker 1: She has blonde because I've never.
• 38:18
  Speaker 5: Had This was far from the only problem with Angela's
• 38:24
  Speaker 5: statements about Caprice. In fact, in Angela Bruce's first interview,
• 38:30
  Speaker 5: she didn't even seem to know that Caprice existed. She
• 38:33
  Speaker 5: mentioned nothing about Cain and Lee leaving the party with
• 38:36
  Speaker 5: a blonde girl. In fact, Angela first told investigators Kane
• 38:41
  Speaker 5: had stayed at the party for four or five hours
• 38:43
  Speaker 5: and left when the party ended. Then a few minutes
• 38:47
  Speaker 5: later she changed her story and told investigators that after
• 38:51
  Speaker 5: Cain and Lee had confessed to murder, she had chased
• 38:53
  Speaker 5: them out of her trailer with a knife. It was
• 38:57
  Speaker 5: one week later, when she was interviewed for the second time,
• 39:00
  Speaker 5: that Angela Bruce first mentions Caprice. She changes her story
• 39:04
  Speaker 5: once again, this time telling Sergeant Battle and investigator Stewart
• 39:08
  Speaker 5: that Caprice had also been at the party that night,
• 39:12
  Speaker 5: and that she'd brought another girl with her. Both girls
• 39:15
  Speaker 5: were blonde, Angela said, and Caprice had driven up in
• 39:18
  Speaker 5: a little blue or black car. She'd come to the
• 39:21
  Speaker 5: door to ask for Lee and Kane, and then the
• 39:23
  Speaker 5: two boys had driven off with her and the other girl.
• 39:27
  Speaker 10: And then that they were talking about, you know, me
• 39:30
  Speaker 10: going to supposed to picking and Joshua or something. I
• 39:33
  Speaker 10: was like blue, I don't even know about it.
• 39:36
  Speaker 1: Else a blue car. I mean, I'm fifteen. I don't
• 39:37
  Speaker 1: even drive yet.
• 39:38
  Speaker 5: Yeah, you don't have your license right.
• 39:42
  Speaker 1: In February of nineteen ninety seven, Caprice was fifteen years old.
• 39:46
  Speaker 1: She didn't have a license, let alone a car. And
• 39:49
  Speaker 1: then there's Angela Bruce's testimony about how Caprice was actually
• 39:52
  Speaker 1: supposed to be of assistance to the murder plot. Angela
• 39:56
  Speaker 1: said Lee and Kane had told her that Caprice's job
• 39:58
  Speaker 1: was to get Brian on the phone and then send
• 40:00
  Speaker 1: them a special beeper message to let them know that
• 40:02
  Speaker 1: Brian was there.
• 40:05
  Speaker 4: I have to ask, did you have a beeper?
• 40:06
  Speaker 3: Ever?
• 40:08
  Speaker 4: No, I never had a one, So you never got
• 40:11
  Speaker 4: a beep from from Caprice.
• 40:13
  Speaker 3: Oh. I never had a beeper in my life. I've
• 40:15
  Speaker 3: never even had a file phone.
• 40:18
  Speaker 4: Yeah, no cell phone, no beeper.
• 40:20
  Speaker 2: No, not to day though I was seventeen years old.
• 40:23
  Speaker 3: What am I gonna do it?
• 40:23
  Speaker 10: Shit?
• 40:24
  Speaker 3: U phone, I can need a coat, some mind, go
• 40:27
  Speaker 3: to pat phone.
• 40:33
  Speaker 1: No one I spoke to had any knowledge of either
• 40:36
  Speaker 1: Cain or Lee having a beeper, and there's no indication
• 40:39
  Speaker 1: that investigators made any attempt to show that these beepers
• 40:42
  Speaker 1: actually existed. They never tried to get phone records or
• 40:45
  Speaker 1: to find the beepers themselves. Not to mention, it's hard
• 40:48
  Speaker 1: to see why lian Kin would have needed to involve
• 40:51
  Speaker 1: Caprice here in the first place. Ryan was in house arrest.
• 40:54
  Speaker 1: After all, he was almost always home. Li and Kin
• 40:57
  Speaker 1: had no reason to anticipate that they'd have any problems
• 41:00
  Speaker 1: finding him. But there's a larger problem here with Angela
• 41:03
  Speaker 1: Bruce's story.
• 41:05
  Speaker 10: I didn't even know about this whole little Freebird thing,
• 41:09
  Speaker 10: and I know nothing of Lake Clark, nothing of him.
• 41:13
  Speaker 1: Have you ever heard his name before? Have you ever
• 41:15
  Speaker 1: heard of Freebird's?
• 41:16
  Speaker 3: No, none of that.
• 41:17
  Speaker 1: Until after that, it's hard to prove a negative, and
• 41:21
  Speaker 1: it's even harder to prove that twenty five years ago
• 41:24
  Speaker 1: two teenagers from the same town absolutely positively did not
• 41:28
  Speaker 1: know one another.
• 41:30
  Speaker 4: But what I can say, after talking to lots of.
• 41:32
  Speaker 1: People who knew Lee and can and Caprice back then,
• 41:34
  Speaker 1: is that there's no reason to think that Lee and
• 41:36
  Speaker 1: Caprice had been aware of each other's existence or that
• 41:40
  Speaker 1: Can and Caprice had any contact beyond Brian passing the
• 41:43
  Speaker 1: phone to him a couple of times while talking to her.
• 41:49
  Speaker 1: The prosecution had one other piece of evidence, though, that
• 41:52
  Speaker 1: what Jess Caprice was lying about what she heard in
• 41:54
  Speaker 1: the phone that night. Because of Caprice's telling the truth,
• 41:58
  Speaker 1: then Brian had been playing Russian Roulette before he died,
• 42:02
  Speaker 1: and the wound to his head should have been a
• 42:03
  Speaker 1: contact wound. The bullet should have been fired while the
• 42:06
  Speaker 1: revolver was in contact or nearly in contact with his head.
• 42:10
  Speaker 1: But according to the prosecution, that's not what the forensic
• 42:14
  Speaker 1: evidence showed. The prosecution presented evidence that the gunshot wound
• 42:18
  Speaker 1: the right side of Brian's head had been fired by
• 42:20
  Speaker 1: a gun that was at least a couple feet away
• 42:22
  Speaker 1: when it was fired. That would mean that Brian had
• 42:25
  Speaker 1: not died while playing Russian Roulette. It would mean someone
• 42:28
  Speaker 1: else had pulled the trigger. And Brian's family remembers that
• 42:32
  Speaker 1: the forensic evidence against Lee and Kane had been compelling.
• 42:35
  Speaker 1: Based on the autopsy findings, Brian Bowling had not shot himself.
• 42:40
  Speaker 3: Let's stance out to you now the autopsy photos, and
• 42:45
  Speaker 3: I think.
• 42:46
  Speaker 1: You mentioned that your brother was at the crime lab.
• 42:49
  Speaker 8: Yeah, and they took his body to the crime lab,
• 42:53
  Speaker 8: I guess for the autopsy and everything.
• 42:56
  Speaker 1: That's what I was.
• 42:57
  Speaker 8: That's what I was told, you know, because after they
• 42:59
  Speaker 8: pronounced him day and they harvest his organs, they sent
• 43:03
  Speaker 8: his body to the Crown Lab.
• 43:05
  Speaker 1: That's what they told him.
• 43:06
  Speaker 3: That's what.
• 43:07
  Speaker 1: Yeah, they'd Actually they didn't do an autopsy on Brian.
• 43:13
  Speaker 6: They said they sent him to the GBI Crome Lab
• 43:16
  Speaker 6: and they had like a photos from autopsy.
• 43:20
  Speaker 1: I think they changed their minds. They never actually carried
• 43:23
  Speaker 1: it out.
• 43:25
  Speaker 10: With the.
• 43:30
  Speaker 1: That was from Craigburns the corner, but.
• 43:32
  Speaker 6: They told us that they had sent him to the
• 43:34
  Speaker 6: Crown Lab. I'm almost spots that they sent him to
• 43:37
  Speaker 6: the Crown Lab. I know they sent him or they
• 43:39
  Speaker 6: told us they did, you know.
• 43:41
  Speaker 1: That's what Amanda thought too. Brian's family remembers an autopsy
• 43:49
  Speaker 1: being performed and that the results of that autopsy proved
• 43:52
  Speaker 1: Brian have been shot by someone else, But there was
• 43:56
  Speaker 1: no autopsy on Brian Bowling's body. There were no autopsy
• 44:00
  Speaker 1: findings in this case, and the state never asked a
• 44:02
  Speaker 1: medical examiner or other forensic expert to give an opinion
• 44:05
  Speaker 1: on the cause and manner of Ryan's death. And in
• 44:10
  Speaker 1: case you're wondering, no, this is not just the way
• 44:13
  Speaker 1: things are done down in Floyd County. As former Floyd
• 44:16
  Speaker 1: County police officer Mark KORbin explained to us, this was
• 44:19
  Speaker 1: very much not normal procedure for them.
• 44:22
  Speaker 4: So in this case, they never there.
• 44:24
  Speaker 1: Was no autopsy done.
• 44:26
  Speaker 9: There was no autopsy done.
• 44:28
  Speaker 1: Yeah, you seem surprised. Is that usually how they like?
• 44:31
  Speaker 9: I would be unheard of me. It's from when I
• 44:35
  Speaker 9: was in investigations. I would never I would think he
• 44:40
  Speaker 9: was sent to the crime lay.
• 44:41
  Speaker 1: No, there was no autopsy done. They had the corner
• 44:44
  Speaker 1: look at him at the funeral home.
• 44:46
  Speaker 9: Then there's no explanation for that.
• 44:50
  Speaker 4: So that's not to you.
• 44:51
  Speaker 1: That's not like how normally cases would have been done.
• 44:54
  Speaker 9: If I was a lead investigator, I would have a
• 44:56
  Speaker 9: problem with that.
• 45:01
  Speaker 1: If an autopsy had been done, we would know whether
• 45:04
  Speaker 1: the revolver had been held against Brian's head when it
• 45:06
  Speaker 1: was fired. We would know if the shot that killed
• 45:09
  Speaker 1: him was consistent with a shot fired during a game
• 45:11
  Speaker 1: Russian Roulette. If an autopsy had been done, Leon Kane
• 45:15
  Speaker 1: might not have been charged with murdering Brian, but there
• 45:18
  Speaker 1: was no autopsy, so instead of hearing from a medical examiner,
• 45:22
  Speaker 1: the jury heard from Craig Burns. He was a funeral
• 45:24
  Speaker 1: director who in nineteen ninety six was elected the coroner
• 45:27
  Speaker 1: of Floyd County. It was Craig Burns who decided that
• 45:30
  Speaker 1: Brian Bowling should not be autopsied, and it was Craig
• 45:33
  Speaker 1: Burns who testified that Brian must have been shot by
• 45:35
  Speaker 1: someone else. Yeah, well, since there was no autopsy, there
• 45:39
  Speaker 1: was no medical expert obviously, and they used his assessment
• 45:42
  Speaker 1: that this was not a close up shot and that
• 45:45
  Speaker 1: was fired at a distance.
• 45:47
  Speaker 9: That was his assessment.
• 45:50
  Speaker 1: I think you have to request the crime lab, right
• 45:51
  Speaker 1: they don't.
• 45:53
  Speaker 9: The corner calls the crime lab in our care an.
• 45:56
  Speaker 1: Okay, this is Craig burn.
• 46:00
  Speaker 9: That's a whole different story.
• 46:02
  Speaker 1: We haven't talked to Hinny.
• 46:03
  Speaker 9: I'm sure he'd be willing to talk.
• 46:05
  Speaker 3: Uh.
• 46:07
  Speaker 5: He was.
• 46:08
  Speaker 9: Craig could mess up a crime thing as good as anybody.
• 46:12
  Speaker 9: He was famous for going into crime scenes and and
• 46:14
  Speaker 9: messing them up. Now, and that's why he went to prison.
• 46:19
  Speaker 4: Next week on proof. So you're saying he bitched that
• 46:27
  Speaker 4: he got up in the life to the court straight
• 46:29
  Speaker 4: up life.
• 46:31
  Speaker 3: They're trying to make you sing like what no content,
• 46:33
  Speaker 3: want to try to roll out the possibility to him
• 46:35
  Speaker 3: killing yourself, you don't say.
• 46:37
  Speaker 2: Knowing all knowing everything in there, including the kits thing,
• 46:40
  Speaker 2: to try to prove.
• 46:42
  Speaker 3: That there is no way it could have killed himself
• 46:43
  Speaker 3: because the ain't no content. Woman.
• 46:45
  Speaker 2: They're playing that little chord so much right there, it's
• 46:47
  Speaker 2: like they don't.
• 46:48
  Speaker 3: Want it to come out, and they're actually his part
• 46:51
  Speaker 3: one last.
• 46:51
  Speaker 9: You say, right there, that's the gunshot one right there,
• 46:56
  Speaker 9: and it's contained that one small area, so it means
• 47:00
  Speaker 9: it was pressed in my opinion, I mean for yeah,
• 47:03
  Speaker 9: it was pressed up.
• 47:04
  Speaker 3: It gets the head all my finger and blood. I
• 47:10
  Speaker 3: don't know, well, I know I ran out of the road.
• 47:13
  Speaker 3: My god, my god. He donn Tilman Gott and Tilman
• 47:16
  Speaker 3: head and me and Kenneld a man in the door. Brime.
• 47:24
  Speaker 5: You've been listening to Proof a podcast by Red Marble Media.
• 47:28
  Speaker 5: We'll be back next Monday for episode six. Send us
• 47:31
  Speaker 5: your questions at proofcrimepod at gmail dot com. We'll respond
• 47:36
  Speaker 5: during our bonus episodes Proof Sidebar on Thursdays. Kevin Fitzpatrick
• 47:41
  Speaker 5: is our executive producer. Our logo was designed by Drew
• 47:44
  Speaker 5: Hosski and our theme music is by Ramiro Marquez. Audio
• 47:48
  Speaker 5: production for this episode is by George Panos and Michael Yulatowski.
• 47:53
  Speaker 5: Our social media manager is Skyler Park. Thank you to
• 47:56
  Speaker 5: our sponsors for making it possible for us to come
• 47:59
  Speaker 5: back week after week. Follow us everywhere with the handle
• 48:02
  Speaker 5: at Proofcrimepod and on our website, proofcrimepod dot com.
• 48:07
  Speaker 1: That's all for this week.
• 48:08
  Speaker 5: Thanks for listening.