Latest / NO FILTER / Episode 8_ Sgt. Battle(M4A_128K)

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Episode 8_ Sgt. Battle(M4A_128K) · NO FILTER

• 0:15
  Speaker 1: Do you think if it wasn't for Dallas Battle, William Kane, one.
• 0:19
  Speaker 2: Of you, where they are today?
• 0:21
  Speaker 3: Yep, one percent. They left at an accidental shooting, That's
• 0:27
  Speaker 3: what it was. But being a detective, Battles was in there.
• 0:32
  Speaker 3: He created the whole side.
• 0:35
  Speaker 2: Glenn Clark, Lee's father, believes that Sergeant Dallas Battle took
• 0:40
  Speaker 2: an accidental shooting and turned it into a homicide. But
• 0:44
  Speaker 2: when he realized that in order to convict Kane's story
• 0:47
  Speaker 2: he would need to make this case a murder conspiracy,
• 0:51
  Speaker 2: he had decided to charge Lee Clark as well. And
• 0:55
  Speaker 2: as Lee acknowledges, he'd given Dallas Battle plenty of reason
• 0:59
  Speaker 2: to say.
• 1:00
  Speaker 4: Like him, So that's right.
• 1:04
  Speaker 5: Oh yeah, guys.
• 1:04
  Speaker 6: Look, I would talk to him any kind of way
• 1:07
  Speaker 6: when he would go waite and me. I was a teenager.
• 1:09
  Speaker 6: I did a lot of stupid young when I was
• 1:12
  Speaker 6: a kid.
• 1:12
  Speaker 7: I did.
• 1:12
  Speaker 6: I mean, I made a burst of minute, I got
• 1:14
  Speaker 6: a body, I mean with the enough more than nothing
• 1:17
  Speaker 6: to put me in here for something I needed to
• 1:19
  Speaker 6: do with all the time, and the worst more about
• 1:22
  Speaker 6: it was I had to do behind these walls. Did
• 1:24
  Speaker 6: grow up in majure and become a man behind prison.
• 1:27
  Speaker 7: Walls, nobody or something I didn't do.
• 1:30
  Speaker 6: That's the worst hard I mean, don't get me wrong.
• 1:32
  Speaker 6: I'm proud of the man I would come today. My
• 1:35
  Speaker 6: dadn't pretty proud of the man I would go today.
• 1:37
  Speaker 6: I really think I could have reached his daddy's without
• 1:39
  Speaker 6: all this right here.
• 1:42
  Speaker 2: When we began working on this case, we had very
• 1:45
  Speaker 2: much hoped that we'd be able to speak to Searche
• 1:47
  Speaker 2: and battle about his investigation. But he passed away last year,
• 1:52
  Speaker 2: just days before our first trip to Rome.
• 1:55
  Speaker 8: What did you think when when he died?
• 1:58
  Speaker 9: What did you do?
• 2:00
  Speaker 3: Well, Kevin, I'm gonna change, ma'am. Okay, I'm gonna change man. Uh,
• 2:09
  Speaker 3: he'll have to deal with what he did. Okay, he'll
• 2:13
  Speaker 3: have to deal with what he did. I'll be honest
• 2:17
  Speaker 3: with you. I wished he had now because I wish
• 2:20
  Speaker 3: that somebody would have been able to get.
• 2:22
  Speaker 9: To him and talk to him before he passed. But
• 2:27
  Speaker 9: didn't have No bad FAIY told him.
• 2:30
  Speaker 3: You know, it ain't made a judge in miss Lord.
• 2:34
  Speaker 9: The judge takes care of that.
• 2:40
  Speaker 10: Hi.
• 2:43
  Speaker 4: My name is Susan Simpson. I'm an attorney and podcaster
• 2:47
  Speaker 4: and previously I hosted the Undisclosed Podcast.
• 2:50
  Speaker 2: Hi, I'm just into Davis and I'm a true crime
• 2:53
  Speaker 2: TV producer. Last year, Susan and I decided to team
• 2:57
  Speaker 2: up and reinvestigate the murder of Brian Boyd. Along with
• 3:01
  Speaker 2: Kevin Fitzpatrick, president of Red Marble Media, we decided to
• 3:05
  Speaker 2: launch Proof. You can listen to Proof like you would
• 3:08
  Speaker 2: any podcast, and you can follow us everywhere with the
• 3:11
  Speaker 2: handle at proofcrime Pod and on our website proofcrimepod dot com.
• 3:18
  Speaker 2: Thanks for listening and welcome to Proof. We never got
• 3:27
  Speaker 2: the chance to talk to Dallas Battle about this case,
• 3:30
  Speaker 2: but we did get to talk to a lot of
• 3:32
  Speaker 2: people about Dallas Battle.
• 3:37
  Speaker 4: That's like four people now who have told us Dallas
• 3:40
  Speaker 4: Battle is dead. Well, I'm good, rid Ma congrats.
• 3:44
  Speaker 2: Phil said congratulations.
• 3:47
  Speaker 4: If someone told us I hope Rodson Hell yeah, there
• 3:51
  Speaker 4: is no love lost there.
• 3:54
  Speaker 2: Dallas Battle was hired as a patrolman by the Floyd
• 3:57
  Speaker 2: County Police Department in nineteen seventy seven. He worked his
• 4:01
  Speaker 2: way up to sergeant investigator and spent nearly thirty years
• 4:05
  Speaker 2: with the Floyd County Police Department before leaving in two
• 4:07
  Speaker 2: thousand and seven. After that, he ended up at the
• 4:11
  Speaker 2: Polk County Sheriff's Office, where he worked at the county
• 4:14
  Speaker 2: jail before retiring in twenty sixteen.
• 4:19
  Speaker 11: If you work in investigations, you're gonna have the ones
• 4:21
  Speaker 11: that like you, the ones that hate you, and you're
• 4:22
  Speaker 11: gonna have equal amount of both.
• 4:24
  Speaker 2: Former Floyd County Police officer Mark Corbin worked with Dallas
• 4:28
  Speaker 2: Battle for many years. We asked him about what Dallas
• 4:32
  Speaker 2: had been like as an investigator.
• 4:34
  Speaker 11: I mean, I Likeed Allison. I used to go camping
• 4:37
  Speaker 11: with him some, but he just get a little laxey
• 4:41
  Speaker 11: days on some of the cases. The only thing I'll
• 4:43
  Speaker 11: sad there's more than one case it's been rulal of
• 4:48
  Speaker 11: suicide that ended up not being rulal of suicide.
• 4:51
  Speaker 4: Do you remember another case or something like that started suicide.
• 4:53
  Speaker 11: Or anytime he worked a suicide and nobody in the
• 4:58
  Speaker 11: family's going to buy into suicide. It's always a struggle
• 5:02
  Speaker 11: to get the family to believe whatever suside I've ever worked.
• 5:06
  Speaker 11: I mean, you're never gonna convince the family that one
• 5:08
  Speaker 11: of their family members taken their own life.
• 5:11
  Speaker 2: We also asked Mark Corbin about some of the rumors
• 5:14
  Speaker 2: we'd heard about Dallas Battle, Rumors that didn't portray him
• 5:18
  Speaker 2: in the best light. So we've talked to a lot
• 5:21
  Speaker 2: of people who have stories about Dallas Battle, and unfortunately
• 5:25
  Speaker 2: he's not here to tell us.
• 5:27
  Speaker 1: But are any of those rumors true?
• 5:29
  Speaker 9: Depend on which one. I don't. I mean, I don't
• 5:33
  Speaker 9: want to beat him down.
• 5:34
  Speaker 1: No, I don't either. I wish he was here so
• 5:36
  Speaker 1: we could talk to him.
• 5:37
  Speaker 9: But they ain't.
• 5:38
  Speaker 11: Probably nobody can tell you better than David Steer because
• 5:42
  Speaker 11: they worked together all the time. Him and David always
• 5:45
  Speaker 11: work together and everything.
• 5:47
  Speaker 2: The last David, Yeah.
• 5:49
  Speaker 9: He can tell you. I'd rather tell you.
• 5:55
  Speaker 2: We heard this several times down in Floyd County that
• 5:59
  Speaker 2: if we wanted to hear from someone who could tell
• 6:02
  Speaker 2: us the full story of Dallas Battle's career as an investigator,
• 6:06
  Speaker 2: we needed to speak to David Stewart. David Stewart had
• 6:09
  Speaker 2: investigated cases with Dallas Battle for decades, but Floyd County
• 6:14
  Speaker 2: would not let Investigator Stewart speak to us. And most
• 6:18
  Speaker 2: of the people who agreed to speak to us on
• 6:20
  Speaker 2: the record about Sergeant Battle were people who had a
• 6:23
  Speaker 2: much more contentious history with him.
• 6:27
  Speaker 12: Everybody I ever talked to had troubles with him. I heard,
• 6:31
  Speaker 12: I'm not going to say how true it is. I
• 6:33
  Speaker 12: heard it the teenagers, these restaurants and all, they would
• 6:37
  Speaker 12: spit in his food and stuff when he would come
• 6:39
  Speaker 12: in by order food. That's what they thought of him.
• 6:43
  Speaker 9: Dallas battle with a crook.
• 6:46
  Speaker 2: That's Kine's Story's uncle Phil.
• 6:50
  Speaker 12: See Dallas battles. One time he got out of my
• 6:52
  Speaker 12: son and my nephew. They were on a motorcycle or
• 6:56
  Speaker 12: a little dirt back and they chased from all over.
• 6:59
  Speaker 12: They here and they come dragging him out by the
• 7:03
  Speaker 12: herd a head and I told.
• 7:04
  Speaker 5: Dad about it.
• 7:04
  Speaker 12: I look at you, dude. I said, you don't have
• 7:06
  Speaker 12: to hold him by to hurt his head. I said,
• 7:08
  Speaker 12: I don't do that when I whoop him, you know,
• 7:10
  Speaker 12: that was my kid. And he told me to shut up,
• 7:14
  Speaker 12: and him got the cuss fist, So I ain't it
• 7:16
  Speaker 12: uh in the back of the police car, and he
• 7:18
  Speaker 12: took my ziphole lighter away from being stuck it in
• 7:20
  Speaker 12: his pocket there when he was searching me.
• 7:23
  Speaker 4: The last time I have seen it, he's took your lighter.
• 7:28
  Speaker 4: But it wasn't just Dallas battle taking things from you
• 7:30
  Speaker 4: that you had to worry about. Lee's brother Jamie told
• 7:33
  Speaker 4: us you also had to be concerned about him leaving
• 7:36
  Speaker 4: things behind.
• 7:38
  Speaker 13: Can you just tell us what what would people think
• 7:40
  Speaker 13: about Dallas Battle? What do people say about him back then?
• 7:43
  Speaker 7: What was his reputation?
• 7:44
  Speaker 14: He didn't fool around with him eating you up on
• 7:47
  Speaker 14: some stuff real quick. If you if you pissed him off, Hey,
• 7:54
  Speaker 14: all of a sudden, you've got a bag of math
• 7:56
  Speaker 14: on you.
• 7:57
  Speaker 9: You've got a bag of.
• 7:58
  Speaker 14: Crack on me. Whatever he wanted to but on you.
• 8:01
  Speaker 14: And now there you go off jail. I mean, it's
• 8:05
  Speaker 14: just it was his world back then.
• 8:09
  Speaker 10: He went way out of his way to bed ass.
• 8:12
  Speaker 10: I mean, he was already one. Didn't have to go
• 8:14
  Speaker 10: out of his way, but he did. He went way
• 8:15
  Speaker 10: out of his way to do it.
• 8:20
  Speaker 4: Bou written House is the same age as Brian and Jamie,
• 8:23
  Speaker 4: and he'd known all of them growing up. Bo described
• 8:26
  Speaker 4: how he and his friends had a troubled relationship with
• 8:29
  Speaker 4: law enforcement in general and Dallas Battle in particular.
• 8:33
  Speaker 10: They Uh, they would catch us down at the coke
• 8:36
  Speaker 10: machine or something and act like they would all put
• 8:39
  Speaker 10: us in handcuffs, and we used to throw eggs at them. Uh,
• 8:44
  Speaker 10: we'd hide in the woods, drip on the black spuff roads,
• 8:47
  Speaker 10: but we'd get way up on top and throw rocks, eggs,
• 8:51
  Speaker 10: hit their cars when they.
• 8:52
  Speaker 5: Come boom, and couldn't catches because we was in the woods.
• 8:55
  Speaker 4: So they were harassing you when you were harassing them.
• 8:58
  Speaker 10: Yeah, and it was pretty bad sometimes, like how bad
• 9:04
  Speaker 10: they would bade us. It was it was or anytime
• 9:09
  Speaker 10: they would see us, they would pull us over and
• 9:11
  Speaker 10: walking they pulled us over, search us, take us for
• 9:17
  Speaker 10: warr set us down, and then if if we ever
• 9:20
  Speaker 10: said anything smart tone which were, they would put us
• 9:24
  Speaker 10: in the stomach or someone.
• 9:29
  Speaker 4: Not all of the people who we spoke to who
• 9:31
  Speaker 4: had run into Sergeant Battle had filed complaints, but some did.
• 9:36
  Speaker 1: I don't think we told you, Kevin. We ended up
• 9:38
  Speaker 1: finding the person who was arrested or pulled over something
• 9:43
  Speaker 1: by Dallas Battle and who ended up what would you
• 9:47
  Speaker 1: call it, susan he wrote a complaint.
• 9:50
  Speaker 4: We have Dallas Battle's record from Floyd County Police permit,
• 9:54
  Speaker 4: and it contained some letters about a complaint that had
• 9:58
  Speaker 4: been filed by someone he had arrested in like nineteen
• 10:02
  Speaker 4: ninety eight ninety nine, who said that after he'd been handcuffed,
• 10:08
  Speaker 4: Dallas Battle had like assaulted him. The final verdict was
• 10:13
  Speaker 4: that Dallas Battle had nearly poked the restrained suspect, but
• 10:16
  Speaker 4: of course it's improper to poke someone who was handcuffed,
• 10:19
  Speaker 4: even just poking them in the chest like that, poked
• 10:21
  Speaker 4: them twice. Yeah, yeah, they for that, which is a
• 10:26
  Speaker 4: to me. It was a good sign that like, okay,
• 10:28
  Speaker 4: there's more going on here. No Wayfwood County is going
• 10:30
  Speaker 4: to suspend Dallas Battle for literally poking at a suspect.
• 10:34
  Speaker 15: So we tracked him down and he said that Dallas
• 10:40
  Speaker 15: Battle he was restrained. Dallas Battle punched him, choked him
• 10:45
  Speaker 15: and said something like I don't care if you die.
• 10:49
  Speaker 4: Yeah, threatened to kill him, like choked him out, I
• 10:53
  Speaker 4: think he said.
• 10:53
  Speaker 1: Because he wouldn't give information that Dallas Battle wanted.
• 10:58
  Speaker 4: Some of the complaints about Sergeant Battle that we heard
• 11:00
  Speaker 4: would not technically qualify as police mis conduct, but had
• 11:04
  Speaker 4: nevertheless left an impression on the people he encountered.
• 11:07
  Speaker 10: He's a preak. He would lie all the time on us.
• 11:12
  Speaker 10: He would start shit like it between us, like he's
• 11:16
  Speaker 10: a man.
• 11:16
  Speaker 9: I say, your.
• 11:17
  Speaker 10: Girlfriend with so and so the other day walking and
• 11:21
  Speaker 10: something like. He would always try to use us against
• 11:24
  Speaker 10: each other, start shipping between us knowing.
• 11:27
  Speaker 4: What he was doing, so he'd get involved in your drama.
• 11:31
  Speaker 10: Yeah, he would cause it. He would always do stuff
• 11:33
  Speaker 10: like it.
• 11:35
  Speaker 9: Why, I don't know.
• 11:37
  Speaker 10: It's just crooked cop.
• 11:40
  Speaker 4: I mean there's crooked and there's just petty.
• 11:42
  Speaker 10: Yeah, he would do stuff like that all the time,
• 11:44
  Speaker 10: try to pin us against each other.
• 11:46
  Speaker 4: Lee Clark thinks that this was a tactic the Sergeant
• 11:49
  Speaker 4: Battle used in his case as well. He remembers that
• 11:52
  Speaker 4: some of Brian's friends had been spreading rumors about town
• 11:54
  Speaker 4: about what had happened to Brian.
• 11:57
  Speaker 5: Oh, tell me how he was running around. He was
• 11:59
  Speaker 5: telling to lie And I never heard this from his
• 12:01
  Speaker 5: own mouth, but people were telling me he was going
• 12:03
  Speaker 5: around totized talking about that. I was there, get outside
• 12:06
  Speaker 5: rise window. Same rest of the lizing shit that was
• 12:08
  Speaker 5: spreading around.
• 12:10
  Speaker 4: Was this before you got arrested?
• 12:12
  Speaker 5: Yeah, is before I got arrested you. And this is
• 12:14
  Speaker 5: just my personal opinion right here, Susan. I can't prove
• 12:17
  Speaker 5: it one word another, but I think all these lies,
• 12:20
  Speaker 5: I think every bit of this ship stem stemmed back
• 12:23
  Speaker 5: to Damn Dallas bidles that come caught in this ship
• 12:25
  Speaker 5: up and putting it in these young teenagers' minds because
• 12:28
  Speaker 5: they said there and said that his arrest was based
• 12:31
  Speaker 5: on previous suspicion and rumor or where the hell did
• 12:34
  Speaker 5: you get the suspicion from the damn rumor? That's where
• 12:36
  Speaker 5: you got it from the rumor that you started.
• 12:41
  Speaker 4: So I know you like asking questions to Sanda, but
• 12:43
  Speaker 4: how do you feel about getting asked questions yourself in therapy?
• 12:47
  Speaker 2: It's funny you asked that because I've always been really
• 12:50
  Speaker 2: intimidated by therapy. Just like you said, I like to
• 12:53
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• 12:56
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• 13:01
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• 13:04
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• 13:06
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• 13:09
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• 14:26
  Speaker 4: Dallas Battle had more than just suspicion and rumor, though,
• 14:29
  Speaker 4: when he arrested Lee Clark, he also had a confession
• 14:33
  Speaker 4: from Kane's story. Two days after Brian was shot, Sergeant
• 14:37
  Speaker 4: Dallas Battle and Sergeant Mark Wallace interviewed Kane for the
• 14:40
  Speaker 4: second time. In this time, Kane told them that he'd
• 14:43
  Speaker 4: been holding the gun and it went off and shot Brian.
• 14:47
  Speaker 4: That interview was the main reason that Lee says for
• 14:50
  Speaker 4: a long time he'd believed that Kane might have actually
• 14:53
  Speaker 4: shot Brian.
• 14:55
  Speaker 7: Pep would not have gained that statement that Dallas battles.
• 14:58
  Speaker 5: I never would have had doubts one.
• 15:00
  Speaker 7: I would have believed me from the real that Brian
• 15:02
  Speaker 7: killed him. And I never had a doubt that we
• 15:04
  Speaker 7: got in that court room and they played that statement.
• 15:06
  Speaker 7: When they played that right there, Oh, that that did
• 15:09
  Speaker 7: it for me. That did it, that putting out. It's
• 15:12
  Speaker 7: all in my head right there. But before that, I
• 15:15
  Speaker 7: believe it.
• 15:18
  Speaker 2: Unlike most of the other recorded interviews in this case,
• 15:22
  Speaker 2: the recording of Kine's confession still exists. It was an
• 15:26
  Speaker 2: exhibit at Lee's and Kaine's trial, and the cassette tape
• 15:29
  Speaker 2: was left in the possession of the court reporter. And
• 15:32
  Speaker 2: recently we went a court order granting us access to
• 15:36
  Speaker 2: the team and we were finally able to hear it
• 15:39
  Speaker 2: for ourselves.
• 15:45
  Speaker 16: Kane, you know we talked the other day or the
• 15:48
  Speaker 16: other night at a shoot. Yes, won't you tell me
• 15:51
  Speaker 16: again what happened?
• 15:54
  Speaker 2: This is the very beginning of the recording. It's not
• 15:57
  Speaker 2: clear how long the interview had been going on before
• 16:00
  Speaker 2: Sergeant Battle started recording. In addition to Battle, there's also
• 16:04
  Speaker 2: a second officer that can be heard on the tape,
• 16:07
  Speaker 2: Sergeant Mark Wallace, who was still with the Floyd County
• 16:10
  Speaker 2: Police Department today in fact, he's now the chief.
• 16:15
  Speaker 8: And nobody here thinking here do you understand.
• 16:22
  Speaker 5: Is we got a murder and a family.
• 16:25
  Speaker 16: And they listened to know the truth.
• 16:27
  Speaker 17: They want hotel there.
• 16:29
  Speaker 10: And I did.
• 16:29
  Speaker 2: I did not shoot him.
• 16:31
  Speaker 5: I don't know how the phone got in his hand.
• 16:34
  Speaker 6: I know I didn't shoot him, not even an accidental
• 16:37
  Speaker 6: is shot.
• 16:40
  Speaker 2: The recorded portion of Kine's interrogation is only nineteen minutes long,
• 16:45
  Speaker 2: and for the first seventeen minutes, Kane tells Sergeant Battle
• 16:48
  Speaker 2: over and over again the same thing that he told
• 16:51
  Speaker 2: him in his first interview, that he didn't shoot Brian.
• 16:57
  Speaker 8: If it was an accent, Waiting puts it was Max's man,
• 17:02
  Speaker 8: he shot itself.
• 17:04
  Speaker 16: Can you accidentally shot him?
• 17:06
  Speaker 18: You know?
• 17:06
  Speaker 3: No, I did not ask him to shoot.
• 17:09
  Speaker 16: That was Maxtent and you accidentally shot.
• 17:11
  Speaker 10: I know I didn't ask any shoot.
• 17:13
  Speaker 19: I mean, I think not pulled the trader.
• 17:14
  Speaker 9: He pulled the trade.
• 17:17
  Speaker 16: We're not saying you killed.
• 17:19
  Speaker 9: Him on broke.
• 17:20
  Speaker 5: I didn't him at all.
• 17:22
  Speaker 9: Y'all.
• 17:22
  Speaker 8: Listen, y'all was playing with a gun and you had
• 17:25
  Speaker 8: the gun and it went off.
• 17:26
  Speaker 16: Dis caan't you're gonna telling us a.
• 17:32
  Speaker 8: So so I just put it to ras so wouldn't
• 17:35
  Speaker 8: know all do.
• 17:36
  Speaker 5: I'm trying to put to the rising I didn't kill him.
• 17:38
  Speaker 3: He'd not ask that it was Max.
• 17:40
  Speaker 7: But we're not no charge.
• 17:42
  Speaker 9: You can murdered a.
• 17:42
  Speaker 3: Game, was Nax.
• 17:48
  Speaker 2: After seventeen minutes of denying that he'd shot, Ryan came
• 17:52
  Speaker 2: finally changes his answer.
• 17:55
  Speaker 9: I'm believing a word you ain't.
• 17:57
  Speaker 17: We don't joke.
• 17:58
  Speaker 5: You ever heard of king? Accidentally?
• 18:01
  Speaker 9: I asked shot?
• 18:04
  Speaker 2: I accidentally shot him, Kane says. After that, Sergeant Battle
• 18:09
  Speaker 2: and Sergeant Wallace quickly wrap up the interview.
• 18:15
  Speaker 16: And you told if trag this time you had the
• 18:19
  Speaker 16: gun and you bulled trigger, but you did not.
• 18:23
  Speaker 5: Appear at Okay, Kay, we're going to be.
• 18:28
  Speaker 16: And in the interview it's Sundy. October twentieth, nineteen ninety six,
• 18:35
  Speaker 16: at seventeen am.
• 18:49
  Speaker 2: When Lee heard this tape for the first time while
• 18:51
  Speaker 2: sitting in court on trial for murder, he had been
• 18:55
  Speaker 2: shocked and confused.
• 18:57
  Speaker 5: The King, I confused to say here, I said, this
• 19:00
  Speaker 5: year don't make no sense to me. You keep killing me.
• 19:03
  Speaker 5: The Brian killed the Saale, But yet I've got.
• 19:05
  Speaker 7: This damn statement right here. Man, I said, what kind
• 19:08
  Speaker 7: am I most believe? Man?
• 19:09
  Speaker 5: I can't make no sense none of this year?
• 19:11
  Speaker 7: Man, I said, Kane, if you didn't do this, why
• 19:14
  Speaker 7: would you say that? You had the gun in your hand?
• 19:16
  Speaker 7: Man and you asked them he showed him. That don't
• 19:18
  Speaker 7: make no sense to me. Game, Why would you do that?
• 19:21
  Speaker 6: He's that man.
• 19:22
  Speaker 7: They weren't gonna let me go. Man, they weren't gonna
• 19:24
  Speaker 7: stop man till I said that. Man, they kept killing
• 19:26
  Speaker 7: me and they won't go charge for murder? I said, King,
• 19:28
  Speaker 7: are you that freaking stupid?
• 19:30
  Speaker 9: Hey?
• 19:31
  Speaker 7: Sea doos i am? I said, yea, There ain't no
• 19:32
  Speaker 7: Kish dude think you are.
• 19:35
  Speaker 2: Keane's confession was ultimately deemed inadmissible at trial. Under Georgia law,
• 19:41
  Speaker 2: a confession can only be used as evidence if it
• 19:44
  Speaker 2: was made without being induced by another by the slightest
• 19:48
  Speaker 2: hope of benefit or remotest fear of injury, and, as
• 19:52
  Speaker 2: the teeth recording made clear, Sergeant battle had to induce
• 19:56
  Speaker 2: King's confession with assurances that if he admitted to shooting
• 20:00
  Speaker 2: Brian on accident, he would not be charged with murder.
• 20:05
  Speaker 2: But even though the confession was tossed out, it made
• 20:07
  Speaker 2: a big impact on Lee Clark. He says it made
• 20:11
  Speaker 2: him believe his friend might be.
• 20:13
  Speaker 7: Guilty, even though we were still out that court. Just
• 20:20
  Speaker 7: hearing it has always put them doubts in my mind.
• 20:24
  Speaker 7: I thought it came. Might have been in there, had
• 20:27
  Speaker 7: that gun in his hands, showing it to Brian. Hey man,
• 20:30
  Speaker 7: check this out, man and boone. But he asked him
• 20:32
  Speaker 7: the polish trigger and shot it. And that's what got made.
• 20:35
  Speaker 7: That's what I was thinking for a long time, like,
• 20:37
  Speaker 7: damn you and went in there and you asked him
• 20:39
  Speaker 7: to shot it. Man, just gonna tell.
• 20:40
  Speaker 4: Me it's a false concussion. Huh, it's a false confession.
• 20:44
  Speaker 6: Yeah yeah.
• 20:45
  Speaker 7: But it had me messed up because I mean, I'm
• 20:47
  Speaker 7: like this right here, this is my thought process. I'm
• 20:49
  Speaker 7: okay and I stained regardless of what they're telling you.
• 20:52
  Speaker 7: I said, if I had been me sitting in that
• 20:54
  Speaker 7: room and they're telling me the same bullshit that they
• 20:57
  Speaker 7: were telling you, I'm not fitting the shit there and
• 21:00
  Speaker 7: it meant the shaping I know what didn't do.
• 21:03
  Speaker 4: There's no dispute that this was a false confession in
• 21:06
  Speaker 4: some way or another. Investigators don't believe that Brian's shooting
• 21:10
  Speaker 4: was an accident, and they also think it was probably Lee,
• 21:13
  Speaker 4: not Kan who did the shooting. Cain told me that
• 21:17
  Speaker 4: sitting there in that interrogation room, he'd felt like he
• 21:20
  Speaker 4: only had bad options to choose from, but that the
• 21:22
  Speaker 4: least bad option was to do what investigators had asked
• 21:26
  Speaker 4: and to admit to accidentally shooting Brian, even though he
• 21:29
  Speaker 4: says he hadn't shot Brian at all. So what happened
• 21:33
  Speaker 4: during that interview was him and Mark Wallace, I believe, yeah,
• 21:37
  Speaker 4: you know.
• 21:38
  Speaker 5: They made me delide that if I didn't ifill murder,
• 21:41
  Speaker 5: I'm thinking about him. I don't do hill. I'm didn't
• 21:43
  Speaker 5: go and YILVICKI for murder. I don't do it. But
• 21:46
  Speaker 5: I've been sitre and tell him the whole end of town.
• 21:48
  Speaker 5: But no, no, no, and they ain't believing this shit.
• 21:50
  Speaker 5: I didn't know what to do. I wish outing all
• 21:53
  Speaker 5: men that Dockley shot. I just said his interviews over him.
• 21:55
  Speaker 5: Bide know all that I didn't know you could stop
• 21:59
  Speaker 5: the tobe. I don't want you sign that.
• 22:04
  Speaker 4: Can told me he'd been convinced that saying he'd accidentally
• 22:06
  Speaker 4: shot Brian wouldn't make things right for everyone, for himself,
• 22:09
  Speaker 4: for the police, and for Brian's.
• 22:11
  Speaker 5: Family, because he was like, you know, he was like,
• 22:14
  Speaker 5: we're not here to hang you from her. We're not
• 22:16
  Speaker 5: gonna charge of here. Just you know, you just let
• 22:18
  Speaker 5: him know it's an accident. We can all go home.
• 22:20
  Speaker 5: We got a family here to lost, you know, get
• 22:22
  Speaker 5: this revolved and we know, you know, we know it
• 22:25
  Speaker 5: was an accident. You didn't mean to do all this.
• 22:32
  Speaker 8: You're right, you don't have to live with this every day,
• 22:34
  Speaker 8: but you can't live with it if.
• 22:36
  Speaker 9: You don't say it straight.
• 22:38
  Speaker 8: If we can't go to the patents and say, hey,
• 22:41
  Speaker 8: this was an accidental.
• 22:42
  Speaker 9: But you're sning didn't do this. This is what happened.
• 22:45
  Speaker 9: This is really what happened.
• 22:46
  Speaker 2: Kane is sorry, but this is really what happened.
• 22:50
  Speaker 5: That's all we want to know.
• 22:54
  Speaker 9: They're not mad at you.
• 22:55
  Speaker 5: I love that.
• 22:58
  Speaker 4: No one believes that what Ken said in the recorded
• 23:00
  Speaker 4: confession that's true. One way or another. King was lying
• 23:03
  Speaker 4: about what happened. So maybe this confession doesn't matter so much.
• 23:08
  Speaker 4: After all, it was ruled and admissible by the trial guard.
• 23:11
  Speaker 4: The prosecution was not allowed to use it as evidence,
• 23:14
  Speaker 4: which means it didn't play a role in the jury's
• 23:16
  Speaker 4: decision to convict Lean King, or at least that's what
• 23:20
  Speaker 4: I'd assumed it.
• 23:20
  Speaker 7: Man, looks they left the jury hear all of it.
• 23:25
  Speaker 4: Oh the jury didn't hear all of it.
• 23:27
  Speaker 7: Yes, they heard all of it.
• 23:28
  Speaker 4: They didn't have like emotion ahead of time, no, yoh,
• 23:32
  Speaker 4: yeah they did, but they.
• 23:33
  Speaker 7: Let him here anyway. Then after that they turned to
• 23:35
  Speaker 7: run and they went back.
• 23:38
  Speaker 4: They had a motion ahead of time, and then they said,
• 23:41
  Speaker 4: let the jury hear it, and then we'll have another
• 23:42
  Speaker 4: emotion and then exclude it.
• 23:44
  Speaker 7: Yes, that's exactly what they did. And they said, well,
• 23:47
  Speaker 7: we're going to allow it. And then they let him
• 23:49
  Speaker 7: here and then they turned. I said, oh, well, we're
• 23:51
  Speaker 7: not going to allow that. We want y'all to diff
• 23:53
  Speaker 7: regard what you heard.
• 24:01
  Speaker 4: I was shocked by what Lee had told me, because
• 24:02
  Speaker 4: that is not how things are supposed to work in
• 24:05
  Speaker 4: a criminal trial.
• 24:07
  Speaker 17: Okay, excited for sure for one, How are you totally
• 24:09
  Speaker 17: confident that the jury was sitting there in the courtroom
• 24:12
  Speaker 17: when they played it here.
• 24:14
  Speaker 7: They were there. Ye had no full fight. They were
• 24:15
  Speaker 7: shooting in the court room. Yes, they heard.
• 24:17
  Speaker 6: All of it.
• 24:18
  Speaker 4: That is insane. I had no idea until this moment
• 24:20
  Speaker 4: that the jury heard that confession. I am doubting you
• 24:24
  Speaker 4: only because it makes no sense. I will read the transcript.
• 24:27
  Speaker 15: And go back to you.
• 24:27
  Speaker 4: But like that is nonsense. It shouldn't have happened that way.
• 24:31
  Speaker 7: When you when you hit it, you got say damn, Hey,
• 24:34
  Speaker 7: he was right.
• 24:35
  Speaker 4: Lee was right. That is what happened. Before trial, the
• 24:39
  Speaker 4: defense had moved to have Kane's confession excluded, but that
• 24:43
  Speaker 4: motion was denied. On the first day of trial, it
• 24:45
  Speaker 4: was played for the jury to hear. Then two days later,
• 24:49
  Speaker 4: the judge changed his mind. He decided that the confession
• 24:53
  Speaker 4: should not have been admitted after all, so he told
• 24:55
  Speaker 4: the jury to forget that they ever heard it.
• 25:00
  Speaker 13: Now, obviously what was said by story at that time
• 25:03
  Speaker 13: was in response to a hope of reward or a benefit.
• 25:07
  Speaker 13: So what I'm telling you at this time you disregard
• 25:10
  Speaker 13: this statement as to what he said as being it
• 25:12
  Speaker 13: was said under the hope of reward, and it's not
• 25:15
  Speaker 13: entitled to any weight or credit by you. So I
• 25:18
  Speaker 13: ask you to separate that from your mind when you
• 25:20
  Speaker 13: are making the decisions in this case as to what
• 25:23
  Speaker 13: the facts are and whether or not the state proved
• 25:25
  Speaker 13: its case beyond a reasonable doubt.
• 25:30
  Speaker 4: It is unusual to have a confession, let alone a
• 25:33
  Speaker 4: confession of a code defendant, played in court, and then
• 25:36
  Speaker 4: have the judge change his mind. That's not a thing.
• 25:40
  Speaker 4: Usually if that happens, then the whole trial is a
• 25:42
  Speaker 4: mistrial because the jury, no jury on earth can disregard that.
• 25:47
  Speaker 4: The best jury on earth can disregard that. The defense
• 25:55
  Speaker 4: did move for a mistrial, but the judge denied it,
• 25:58
  Speaker 4: saying that by admitting the confess and then excluding it,
• 26:01
  Speaker 4: he had really done Cane and Leah favor.
• 26:05
  Speaker 13: I think I probably did more to benefit the defendant's
• 26:07
  Speaker 13: side when I told the jury that that statement was
• 26:10
  Speaker 13: given under the hope of reward, and it made a
• 26:13
  Speaker 13: conclusion for them and made a finding on them that
• 26:16
  Speaker 13: that statement was given for hoping a reward or benefit
• 26:19
  Speaker 13: from it.
• 26:21
  Speaker 4: I'm not entirely sure what the judge meant by this.
• 26:24
  Speaker 4: It's hard to see why playing a confession tape could
• 26:27
  Speaker 4: ever be more beneficial for the defense. But in this case,
• 26:30
  Speaker 4: there actually was something in Kane's confession tape that would
• 26:33
  Speaker 4: have greatly benefited the defense if only the defense attorneys
• 26:36
  Speaker 4: had picked up on it. It comes at the very
• 26:39
  Speaker 4: end of the interview, after Kane demonstrates how the gun
• 26:42
  Speaker 4: had accidentally gone off, Sergeant Wallace makes a comment, just
• 26:46
  Speaker 4: put it.
• 26:48
  Speaker 10: I mean it was in my hand, on my hated
• 26:50
  Speaker 10: massone it went off.
• 26:53
  Speaker 9: The woman was closer than that.
• 26:58
  Speaker 4: You put the gun up there to his head. You
• 27:00
  Speaker 4: can hear Sergeant Mark Wallace tell Caine. And then when
• 27:03
  Speaker 4: Kaine says that's not what happened, Wallace corrects him. The
• 27:06
  Speaker 4: wound was closer than that, he says. Immediately before this
• 27:11
  Speaker 4: interview with Cain, Mark Wallace and Dallas Battle had been
• 27:14
  Speaker 4: at the funeral home to inspect Brian's body, and based
• 27:17
  Speaker 4: on what Sergeant Wallace, now Chief Wallace told Cain, Wallace
• 27:21
  Speaker 4: had concluded that Brian had been killed by contact or
• 27:23
  Speaker 4: close contact shot, which is exactly the opposite of what
• 27:27
  Speaker 4: Sergeant Battle testified to at trial when he said that
• 27:30
  Speaker 4: they had examined Brian's body and concluded that he must
• 27:33
  Speaker 4: have been shot from a distance. So just Sinda, when
• 27:42
  Speaker 4: is the last time you heard Kevin say something nice.
• 27:44
  Speaker 2: It's not very often he pays compliments, But Susan, on
• 27:48
  Speaker 2: the zoom call we had last week, did you hear
• 27:50
  Speaker 2: what he said?
• 27:51
  Speaker 4: Yeah, he didn't realize the compliment though it was an accident.
• 27:54
  Speaker 2: He asked if the lighting has changed. It's not the lighting, Kevin,
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• 29:28
  Speaker 2: Brian's aunt Melody thought both Sergeant Dallas Battle and investigator
• 29:33
  Speaker 2: David Stewart did a good job investigating her nephew's death,
• 29:37
  Speaker 2: or at least they did a good job once they
• 29:39
  Speaker 2: decided to take a second look and not take Kane's
• 29:43
  Speaker 2: word that had been an accident.
• 29:47
  Speaker 17: Yes, they were. We all became good friends. They worked
• 29:51
  Speaker 17: hard after they realized it was not going to be
• 29:54
  Speaker 17: open and shut.
• 29:57
  Speaker 2: But Brian's sister Amanda and her it has been kind
• 30:00
  Speaker 2: of had not been quite so impressed with Dallas Battle.
• 30:04
  Speaker 2: They thought his partner should have gotten more of the
• 30:06
  Speaker 2: credit for solving it.
• 30:09
  Speaker 19: Dallas was a to me, he was more like he
• 30:13
  Speaker 19: had a cold shoulder type thing, where David was more
• 30:19
  Speaker 19: open arms, you know, more compassionate about, you know, us
• 30:23
  Speaker 19: and what had happened. But Dallas he, to me, he
• 30:27
  Speaker 19: was just like, you know, just a I'm not gonna
• 30:30
  Speaker 19: say he was a bad guy or didn't have a
• 30:33
  Speaker 19: heart or anything. He was just like just a cold person.
• 30:37
  Speaker 4: I mean, it would The impression I had come into
• 30:39
  Speaker 4: this case was that Dallas Battle was a lead investigator,
• 30:42
  Speaker 4: the Dragon Force, the and the more I've gotten into it,
• 30:45
  Speaker 4: it seems like it was David Stewart who cared about
• 30:48
  Speaker 4: solving the.
• 30:49
  Speaker 19: Case, was the one that cared about solving him.
• 30:52
  Speaker 8: It wouldn't have been for him, Dallas, if it had
• 30:55
  Speaker 8: been just down, we wasn't babe here right now.
• 30:58
  Speaker 2: Amanda told us something we heard over and over again
• 31:01
  Speaker 2: in Floyd County that Dallas Battle had a habit of
• 31:05
  Speaker 2: getting let's say, off track during investigations.
• 31:10
  Speaker 1: Yeah.
• 31:11
  Speaker 19: Yeah, he was a flirt.
• 31:13
  Speaker 8: Yeah he was a flirt.
• 31:15
  Speaker 4: That's what I'm getting at.
• 31:16
  Speaker 2: Yeah, you know, he was.
• 31:19
  Speaker 3: I don't.
• 31:19
  Speaker 19: I don't know how to say that. But he opened
• 31:22
  Speaker 19: up more to women than he did man, you know,
• 31:26
  Speaker 19: so he would more likely talk to say us more
• 31:29
  Speaker 19: than he would say damn.
• 31:31
  Speaker 4: That's yeah, definitely impressional goutmen as well.
• 31:33
  Speaker 19: Yeah, God Ristie. So you know, I'm not talking bad
• 31:36
  Speaker 19: or ill about dead person or any dying.
• 31:39
  Speaker 2: You know, as we investigated the case, we did hear
• 31:43
  Speaker 2: rumors that Dallas Battle had developed a personal relationship with
• 31:46
  Speaker 2: Brian's mother. When we spoke to her sister, Melody, we
• 31:50
  Speaker 2: asked if there was any truth to that.
• 31:53
  Speaker 20: So, you know, small town talk and all, there's a lot.
• 31:56
  Speaker 1: Of rumors and it's hard to know.
• 31:58
  Speaker 20: Like you were saying, I don't know what the truth,
• 32:00
  Speaker 20: but there are rumors about Dallas Battle having some connection
• 32:05
  Speaker 20: to the family, like maybe dating your sister or something.
• 32:11
  Speaker 17: No, actually I have heard that, and yeah, and they
• 32:16
  Speaker 17: thought it was me, but I worked with them.
• 32:18
  Speaker 2: No, because you were talking to them and working with them,
• 32:24
  Speaker 2: those rumors get started.
• 32:26
  Speaker 9: Yes, Yes, that makes sense.
• 32:29
  Speaker 17: Yes, and I mean both of them were. I mean,
• 32:32
  Speaker 17: they all turned out to be good friends, you know,
• 32:35
  Speaker 17: but no ever, but yeah, I had heard that several
• 32:39
  Speaker 17: times too, and I didn't care.
• 32:42
  Speaker 4: I mean, you know, I knew the truth.
• 32:44
  Speaker 17: I was married, had two kids, so he was married,
• 32:48
  Speaker 17: had children. They went to school with my kids.
• 32:50
  Speaker 2: You know, these rumors did not come as a surprise
• 32:57
  Speaker 2: to any of the police officers who had worked with
• 32:59
  Speaker 2: Dallas Battle.
• 33:00
  Speaker 4: One thing we have been told is that Dallas Battle
• 33:03
  Speaker 4: was known to flirt a lout with the ladies.
• 33:06
  Speaker 9: Oh yeah, I may. I think that's.
• 33:10
  Speaker 11: He's got in trouble for time to think if.
• 33:12
  Speaker 4: You are the witnesses he's talking to the women witnesses
• 33:15
  Speaker 4: are talking to have recalled that.
• 33:18
  Speaker 9: M yeah, he had a reputation for it.
• 33:23
  Speaker 4: We asked Captain Tommy Shifflett, who had been the head
• 33:25
  Speaker 4: of the department's investigative division, what sort of trouble Dallas
• 33:29
  Speaker 4: Battle had gotten into. He did not want to speak ill.
• 33:33
  Speaker 4: He told to say, you can't speak ill of the dead.
• 33:36
  Speaker 4: He was trying to say that battles indiscretions were not
• 33:39
  Speaker 4: relevant to his police work. I'm like, actually, no, they're
• 33:41
  Speaker 4: pretty far and I am talking about his police work.
• 33:44
  Speaker 4: I think he I was talking about him cheating his wife,
• 33:46
  Speaker 4: and like, I'm actually talking about his police work. And
• 33:48
  Speaker 4: at first he tried to play off like the only oh,
• 33:50
  Speaker 4: there was one incident and then he's like, oh, it's
• 33:53
  Speaker 4: only one that was that we could that was. You
• 33:55
  Speaker 4: couldn't deny the one he got fired for.
• 33:57
  Speaker 2: He had he did not want talk about it.
• 34:03
  Speaker 4: In two thousand and seven, after three decades of service
• 34:06
  Speaker 4: with the Floyd County Police Department, Sergeant tell Us Battle
• 34:09
  Speaker 4: was fired. Captain Shiflet seemed regretful about it, but he
• 34:12
  Speaker 4: told us that the department hadn't been left with any
• 34:14
  Speaker 4: other choice.
• 34:16
  Speaker 7: Oh.
• 34:16
  Speaker 4: What he told us that was really interesting is that
• 34:19
  Speaker 4: Battle did the right thing. He said, after he did
• 34:22
  Speaker 4: his thing, I feally put it. It was very discreet.
• 34:24
  Speaker 4: He saw this woman and after he slept with her
• 34:26
  Speaker 4: and he was off duty, he claimed, he's all his
• 34:29
  Speaker 4: way home from duty setonst woman. Afterwards, she said, my
• 34:32
  Speaker 4: nephew's got this ticket or this charge. Can you get
• 34:35
  Speaker 4: him out of it? And so he went and reported
• 34:37
  Speaker 4: himself because he knew she was going to try and
• 34:39
  Speaker 4: blackmail him. That's not exactly what the file shows happened,
• 34:44
  Speaker 4: though Battle appealed his termination, and the records from that
• 34:48
  Speaker 4: show it was the woman herself who filed a complain
• 34:51
  Speaker 4: about the incident. Just Senda red part of that report
• 34:55
  Speaker 4: to Lee's father, Glenn Clark.
• 34:57
  Speaker 2: So this is from two thousand and seven, and it's
• 35:00
  Speaker 2: a report about Dallas Battle. Dallas Battle is.
• 35:05
  Speaker 1: The claimant in this document. He's the claimant.
• 35:08
  Speaker 2: So the claimant went to the location of a female
• 35:12
  Speaker 2: widely known as a felon in order to obtain information
• 35:15
  Speaker 2: into an investigation he was conducting. The claimant was on
• 35:19
  Speaker 2: duty at the time. While meeting with the female, he
• 35:23
  Speaker 2: had sexual intercourse with her while on duty. The interlude
• 35:26
  Speaker 2: was tape recorded and later reported as a rape.
• 35:31
  Speaker 9: I heard I heard about it.
• 35:34
  Speaker 2: You had heard about that?
• 35:35
  Speaker 9: Yeah, yeah, I heard about it.
• 35:37
  Speaker 1: Did it surprise you?
• 35:40
  Speaker 9: I'll be honest with you. Did Really you got a
• 35:44
  Speaker 9: man in that position? That what I mean? God Lad.
• 35:53
  Speaker 4: Just before his termination, Battle wrote an email to his
• 35:56
  Speaker 4: superiors of the police department, making a last ditch appeal
• 35:59
  Speaker 4: to keep his job.
• 36:02
  Speaker 13: I want to say that I am very sorry for
• 36:03
  Speaker 13: what I did. I blame nobody but myself. I have
• 36:07
  Speaker 13: no hard feeling toward my accuser and have asked God
• 36:10
  Speaker 13: to help not only me but her. Like I said,
• 36:14
  Speaker 13: I am making no excuses for what happened, but I
• 36:17
  Speaker 13: believe everyone who has been involved in this knows I
• 36:20
  Speaker 13: was set up and I did not go up there
• 36:22
  Speaker 13: with the intention of doing anything but getting some information
• 36:25
  Speaker 13: on a missing person case that I had been working
• 36:28
  Speaker 13: for seven years. I believe that I was set up
• 36:30
  Speaker 13: by someone I was working a case on.
• 36:37
  Speaker 4: As the officer who investigated the sexual assault claim told
• 36:39
  Speaker 4: us Dallas, Battle's accuser had been an informant, but not
• 36:43
  Speaker 4: a good one, which is why Battle had given her
• 36:46
  Speaker 4: the recorder. That way, she could record conversations with people
• 36:49
  Speaker 4: she was gathering info on, and Battle wouldn't have to
• 36:52
  Speaker 4: rely on her word about what had been said. One day,
• 36:55
  Speaker 4: Battle called the informant and told her he'd be stopping
• 36:58
  Speaker 4: by her house. She turned the recorder on before he
• 37:01
  Speaker 4: got there and left it running during his visit. We
• 37:04
  Speaker 4: haven't heard the recording, but the GBI has, and they
• 37:07
  Speaker 4: concluded that whatever's on that tape was insufficient to support
• 37:11
  Speaker 4: the woman's accusations that the sexual encounter was not consensual.
• 37:15
  Speaker 4: No charges were.
• 37:15
  Speaker 2: Filed, But even if the tape wasn't proof of a crime,
• 37:20
  Speaker 2: it was undeniable proof of employee misconduct because sleeping with
• 37:25
  Speaker 2: an informant while on duty broke several of the department's
• 37:28
  Speaker 2: standard operating procedures. Sergeant Battle was fired, but he appealed
• 37:33
  Speaker 2: his termination. On the form under reason for appeal, he wrote,
• 37:38
  Speaker 2: I was treated differently than other persons who have been
• 37:41
  Speaker 2: accused of the same thing I was, and they were
• 37:44
  Speaker 2: not fired. His appeal was denied. After leaving the Floyd
• 38:02
  Speaker 2: County Police Department in two thousand and seven, Sergeant Battle
• 38:05
  Speaker 2: bounced around through a couple of different law enforcement agencies
• 38:09
  Speaker 2: before eventually landing at the Sheriff's office in Polk County,
• 38:13
  Speaker 2: where he worked at the county jail from twenty eleven
• 38:16
  Speaker 2: to twenty sixteen.
• 38:21
  Speaker 9: Women might have been that's what you know.
• 38:25
  Speaker 11: He left Floyd County and went to Pope Carry. Yeah,
• 38:28
  Speaker 11: the gut him out of Pope can with when and
• 38:30
  Speaker 11: the thun gun.
• 38:31
  Speaker 9: Dallas.
• 38:32
  Speaker 11: He was Dallas. I mean it was no secret that
• 38:35
  Speaker 11: he had a history with the female. He thought he
• 38:37
  Speaker 11: was friends with them girls and that they knew the
• 38:40
  Speaker 11: video position. They got mad him, but something told on
• 38:43
  Speaker 11: him for tell you the guy and.
• 38:45
  Speaker 4: Just wondered how that came out.
• 38:47
  Speaker 2: In twenty sixteen, an incident occurred at the Polpe County Jail.
• 38:52
  Speaker 2: The Georgia Bureau of Investigation was called in and the
• 38:56
  Speaker 2: investigator recorded interviews with the officers and inmates who had
• 38:59
  Speaker 2: been involved, including Sergeant Dallas Battle. What follows are excerpts
• 39:05
  Speaker 2: from those recordings.
• 39:11
  Speaker 8: Okay, so we had problems with several of the in
• 39:16
  Speaker 8: bites that were locked down, raising games, they don't doorwork,
• 39:20
  Speaker 8: kicking h things like that.
• 39:25
  Speaker 2: The noise Dallas Battle is talking about had been coming
• 39:28
  Speaker 2: from a block of cells where several inmates were held,
• 39:32
  Speaker 2: including to Zadrian Wilson.
• 39:35
  Speaker 9: He couldn't find out.
• 39:36
  Speaker 6: Who were beating on the door, okay, and he was like, said,
• 39:40
  Speaker 6: I'm gonna give you extra weeks.
• 39:42
  Speaker 9: I said, you can't do that to me. Man, that
• 39:44
  Speaker 9: wasn't me.
• 39:45
  Speaker 10: Man.
• 39:45
  Speaker 9: I said, you just can't pick and me say it
• 39:47
  Speaker 9: was me.
• 39:47
  Speaker 5: Man.
• 39:47
  Speaker 21: You don't even know or we said, I'm a sergeant,
• 39:50
  Speaker 21: said I can do it the hell I want.
• 39:51
  Speaker 9: To do, and I can prove you wrong.
• 39:54
  Speaker 2: Battle decided it was probably Wilson who was responsible for
• 39:58
  Speaker 2: all the banging, so he decided to move him to
• 40:01
  Speaker 2: another cell.
• 40:03
  Speaker 8: So we put him in restraint chair and we took
• 40:08
  Speaker 8: him down. We put him in there. This is a
• 40:11
  Speaker 8: larger cell and wouldn't keep an eye on them.
• 40:14
  Speaker 4: Even after wheeling Wilson away, though an inmate named Brandon
• 40:17
  Speaker 4: Kaufman had continued making noise. The GBI investigator asked Sergeant
• 40:22
  Speaker 4: Battle and his partner, Officer J. Hudson, what had happened
• 40:26
  Speaker 4: when they went back for Kaufman.
• 40:28
  Speaker 8: Hey, Hey kept on kept on kicking and raising hall right.
• 40:33
  Speaker 8: I told Hudgson to come back there with me. He
• 40:37
  Speaker 8: came back there, and right before we opened the door,
• 40:40
  Speaker 8: he kicked it. So I told Hudgson I opened the door.
• 40:43
  Speaker 8: So when Hudson opened the door, I've tasted.
• 40:47
  Speaker 9: As soon as we opened that door, can we say we?
• 40:51
  Speaker 9: Who is speaking of?
• 40:52
  Speaker 17: Me?
• 40:52
  Speaker 9: And Sergeant Battle.
• 40:54
  Speaker 18: We opened the door and Kaufman was standing up against
• 40:58
  Speaker 18: the back wall starting. Dallas pulled his taser and Dallas
• 41:04
  Speaker 18: shut him with the taser.
• 41:06
  Speaker 4: The investigator asked Officer Hudson what reason Sergeant Battle had
• 41:09
  Speaker 4: for tasing Kaufman.
• 41:11
  Speaker 18: There was no reason and he wasn't doing anything. He
• 41:14
  Speaker 18: was up against the wall, hands down, coughing. At this point,
• 41:19
  Speaker 18: he got pissed and started saying, what did you taste
• 41:23
  Speaker 18: me for? Dallas answered him and said, you basically lunged
• 41:28
  Speaker 18: at me.
• 41:29
  Speaker 9: Did he lunge them? No, sir.
• 41:31
  Speaker 2: After teasing Kaufman, Battle and Hudson decided to move him.
• 41:35
  Speaker 2: They strapped his arms and legs down to a restraint
• 41:38
  Speaker 2: chair and wheeled him down to the same cell where
• 41:41
  Speaker 2: they'd already put Wilson.
• 41:44
  Speaker 5: They just wroke me.
• 41:44
  Speaker 9: Down to the other room.
• 41:46
  Speaker 21: So I got in there with yg and he's like, man,
• 41:48
  Speaker 21: they put me in his chair for no reason. And
• 41:52
  Speaker 21: I'm like, yeah, I know, man.
• 41:53
  Speaker 2: I said that he chased me two times.
• 41:55
  Speaker 21: He's like, yeah, I know, I heard it.
• 42:00
  Speaker 2: Most of the jail cells in Polk County don't have cameras.
• 42:03
  Speaker 2: Inside this particular cell, though, where Kaufman and Wilson had
• 42:08
  Speaker 2: been left parked side by side in their restraint chairs,
• 42:11
  Speaker 2: was the exception. In this one jail cell, there was
• 42:15
  Speaker 2: a camera rolling and when the officers checked the camera feed,
• 42:20
  Speaker 2: they saw that Kaufman had managed to slip his left
• 42:22
  Speaker 2: hand free from the chair restraints.
• 42:25
  Speaker 8: So when we went behind that he was getting out
• 42:29
  Speaker 8: of the chair. Lee and Hudson went back in. He
• 42:32
  Speaker 8: had I think he had both hands loose. I just
• 42:35
  Speaker 8: had one loose on Kaufman. Yes, he's right, Hal jerk
• 42:41
  Speaker 8: and raym had that R so I drifted suddenly.
• 42:46
  Speaker 4: There are two ways you can use a taser. The
• 42:49
  Speaker 4: first is by shooting someone with two bar prongs, which
• 42:51
  Speaker 4: attached to the flesh and are then used to transmit
• 42:54
  Speaker 4: an electric shock, which incapacitates the person by causing their
• 42:57
  Speaker 4: muscles to contract. But taser also have what is called
• 43:01
  Speaker 4: drive stune capability. To drive stun, you remove the prongs
• 43:05
  Speaker 4: from the taser and then apply it directly to the
• 43:06
  Speaker 4: target's skin before pulling the trigger. Using the taser in
• 43:09
  Speaker 4: this manner is known as a pain compliance technique because
• 43:13
  Speaker 4: while it doesn't incapacitate someone through an electric shock, it
• 43:16
  Speaker 4: does hurt like hell.
• 43:21
  Speaker 8: I probably tell he's drive teds in brobably five sec
• 43:25
  Speaker 8: until he started complying and boot his arms down. Where
• 43:28
  Speaker 8: with good security.
• 43:29
  Speaker 12: Did you say anything about wishing he was dead, that
• 43:32
  Speaker 12: you'd be the one that would do it.
• 43:35
  Speaker 8: I told him I roof didn't give it. He was
• 43:37
  Speaker 8: hollering he's dying, and I said, I really don't give
• 43:39
  Speaker 8: a shit if you die.
• 43:42
  Speaker 14: What do you think confidence will come in here and
• 43:44
  Speaker 14: see you think he's gonna say?
• 43:46
  Speaker 12: I was restrained, And then.
• 43:48
  Speaker 9: He came in and just taste me. I don't know
• 43:52
  Speaker 9: what he was saying.
• 43:53
  Speaker 10: I'm telling you what it looks like a little video.
• 43:57
  Speaker 4: The video from inside the cell where Wilson and Coffin
• 44:00
  Speaker 4: were being held shows that after they were left alone there,
• 44:03
  Speaker 4: Kaufman had indeed gotten his left hand free, but he
• 44:06
  Speaker 4: had slid his arm back into the restraint before Sargeant
• 44:09
  Speaker 4: Battle and Officer Hudson entered the cell. On the video,
• 44:13
  Speaker 4: you can see Sergeant Battle approach Kaufman and then take
• 44:15
  Speaker 4: a moment to justin tighten the straps around his left arm. Then,
• 44:19
  Speaker 4: after making sure he's been resecured to the restraint chair,
• 44:22
  Speaker 4: Sargeant Battle jams his taser into Kaufman's stomach.
• 44:26
  Speaker 21: He puts the taser to me, man, I don't you
• 44:33
  Speaker 21: know he probably tasted me four times, and I'm just
• 44:36
  Speaker 21: sitting there screaming. He said, if I have any more
• 44:40
  Speaker 21: problems out of you, he said, I'm gonna make it
• 44:43
  Speaker 21: where you Mama don't recognize you next visitation. And then
• 44:48
  Speaker 21: he said, I'm so mad right now, I can kill
• 44:51
  Speaker 21: you with my bare hands.
• 44:57
  Speaker 2: In the video from the jail cell, Kaufman's fee off camera,
• 45:02
  Speaker 2: but you can see his body suddenly jerk when Battle
• 45:04
  Speaker 2: drives the taser into him. After a few seconds, Battle
• 45:08
  Speaker 2: briefly pulls the taser back, Then he jabs the taser
• 45:11
  Speaker 2: back into Kaufman's stomach and drive stuns him once again.
• 45:16
  Speaker 2: This time, as Kaufman is jerking about, his left hand
• 45:19
  Speaker 2: pops out of the restraint, flailing around. His arm is
• 45:23
  Speaker 2: only free for a second. As soon as Kaufman registers
• 45:27
  Speaker 2: that it's come loose, you can see him shove his
• 45:29
  Speaker 2: hand back into the restraint. Battle then leans over the
• 45:33
  Speaker 2: restrained Kaufman, one hand tightly gripping the top of Kaufman's thigh.
• 45:37
  Speaker 2: Both Kaufman and Battle have their heads just out of frame,
• 45:41
  Speaker 2: but you can tell from their posture that Battle has
• 45:43
  Speaker 2: his face in Kaufman's and he seems to be saying
• 45:46
  Speaker 2: something to him.
• 45:48
  Speaker 4: Officer Hudson was asked what he remembered Battle doing after
• 45:50
  Speaker 4: they went into the cell with Kaufman and Wilson.
• 45:56
  Speaker 18: At that time, Dallas took his taser and drive stunned
• 46:03
  Speaker 18: mister Kaufman while he was strapped to the chair could
• 46:07
  Speaker 18: not move. Best to explain it, Kaufman is extremely scared
• 46:11
  Speaker 18: of tasers. It was very apparent that night he was
• 46:16
  Speaker 18: sitting there begging, please don't taste me again.
• 46:21
  Speaker 9: I give I'm done. Thurson.
• 46:23
  Speaker 18: Battle basically got in Kaufman's face, told him that he
• 46:29
  Speaker 18: would probably be better off dead, said that if he could,
• 46:36
  Speaker 18: he'd kill him.
• 46:37
  Speaker 9: You tell me, Battles it all this, yes, sir.
• 46:40
  Speaker 2: Despite knowing there was a video of the incident, Sergeant
• 46:44
  Speaker 2: Battle told the investigator he had teased the inmate in
• 46:47
  Speaker 2: order to restrain him.
• 46:50
  Speaker 8: I remember teasing him one time and holding any bone
• 46:53
  Speaker 8: him for about five seconds would get him under control
• 46:57
  Speaker 8: and get.
• 46:58
  Speaker 9: That arm bo execute.
• 47:00
  Speaker 2: But the video from the jail cell shows that things
• 47:03
  Speaker 2: did not happen that way. Battle had restrained the inmate
• 47:07
  Speaker 2: and then tased him and told him he'd kill him
• 47:09
  Speaker 2: if he could, and then left him tied up in
• 47:12
  Speaker 2: the cell.
• 47:14
  Speaker 8: I led him in the chair two more hours May
• 47:17
  Speaker 8: and Hudson got him out of the chair. He asked
• 47:22
  Speaker 8: if you could take a shower causey urinited on to Saiah.
• 47:26
  Speaker 8: We let him take a shower and clean it and
• 47:30
  Speaker 8: then put him back in his saddle.
• 47:35
  Speaker 2: As a result of the GBI's investigation into the tasing incident,
• 47:40
  Speaker 2: Dallas Battle was charged with battery, providing false statements, and
• 47:44
  Speaker 2: violation of oath of office. He was arrested and booked
• 47:48
  Speaker 2: into the same jail where he'd been sergeant. The case
• 47:53
  Speaker 2: would seem to have been a solid one. There was
• 47:56
  Speaker 2: video proof of Battle tasing a restrained inmate, and also
• 47:59
  Speaker 2: a lying to the GBI investigator about it on two
• 48:04
  Speaker 2: separate occasions. The prosecutor presented the case to a grand
• 48:07
  Speaker 2: jury both times, though the grand jury declined to return
• 48:11
  Speaker 2: an indictment.
• 48:12
  Speaker 1: The case was dropped without prosecution.
• 48:15
  Speaker 2: Dallas Battle was fired from the Pope County Sheriff's office
• 48:19
  Speaker 2: and he did not work in law enforcement ever.
• 48:21
  Speaker 1: Again.
• 48:31
  Speaker 2: We showed the video from the Polk County jail to
• 48:33
  Speaker 2: Lee Clark's father.
• 48:36
  Speaker 3: I've never saw that. I've never saw that right there.
• 48:41
  Speaker 3: I can't believe that that's wrong. Wrong, Right there. You
• 48:45
  Speaker 3: got a man that's in restraints and you're doing that
• 48:47
  Speaker 3: to him. I ain't right if one wasn't doing nothing.
• 48:51
  Speaker 3: That paints a picture right there, girl, right there, that
• 48:54
  Speaker 3: paints a picture of how he was. You can't tell
• 48:57
  Speaker 3: me that man ain't got revenge out for these people,
• 49:00
  Speaker 3: Know what I'm saying. He got revenge out for him.
• 49:02
  Speaker 3: I don't even know what the boy had done. You
• 49:04
  Speaker 3: know that don't matter. No, you can't do that no
• 49:08
  Speaker 3: matter what he'd done.
• 49:10
  Speaker 9: You know what kind of man does that to someone?
• 49:13
  Speaker 9: This man got a lot of hate in him.
• 49:15
  Speaker 3: Because I'm reading another that's what I see and anything
• 49:18
  Speaker 3: you see. He's walking down that hallway with a taser out,
• 49:22
  Speaker 3: knowing that he'll use it on anybody else.
• 49:24
  Speaker 9: He just thinks.
• 49:25
  Speaker 3: He just thinks he's got overpowered people just because he
• 49:29
  Speaker 3: got that badge.
• 49:31
  Speaker 2: You think that's what happened in these case too?
• 49:33
  Speaker 9: Oh yeah, yeah, you can. You can see that.
• 49:36
  Speaker 3: I'm telling you he hated Lee and came because if
• 49:41
  Speaker 3: he if he had, no, he wouldn't have never done
• 49:44
  Speaker 3: what he done.
• 49:45
  Speaker 9: With his case.
• 49:51
  Speaker 2: Coming up on proof.
• 49:57
  Speaker 13: The thing that confuses me about Charlie is he's the
• 50:00
  Speaker 13: one who puts THEE at the house.
• 50:02
  Speaker 10: Right.
• 50:02
  Speaker 6: Yeah, you guys feel certain that people can understand exactly
• 50:07
  Speaker 6: what Charlie's saying.
• 50:10
  Speaker 17: Person they call it.
• 50:13
  Speaker 4: We walked up. I asked you if you remember being
• 50:15
  Speaker 4: in temper our case in your instance at Lindale.
• 50:17
  Speaker 2: Yeah, that's really the only case that I've interpreted for
• 50:20
  Speaker 2: and it was that's probably because that was the first
• 50:23
  Speaker 2: case that I don't want to interpret free more cases.
• 50:29
  Speaker 3: Their theory is that Charlie Childers he was there. That's
• 50:35
  Speaker 3: what they say, that he was there, that he saw
• 50:38
  Speaker 3: Lee running across the front yard. That's how they say
• 50:42
  Speaker 3: they put Lee at the scene.
• 50:51
  Speaker 2: You've been listening to Proof, a podcast by Red Marble Media.
• 50:55
  Speaker 2: We'll be back next Monday for episode eight. Send us
• 50:58
  Speaker 2: your questions at proof Crime pop at gmail dot com.
• 51:01
  Speaker 2: We'll respond during our bonus episodes Proofsidebar on Thursdays. Kevin
• 51:07
  Speaker 2: Fitzpatrick is our executive producer. Our logo was designed by
• 51:10
  Speaker 2: Drew Hosski and our theme music is by Ramiro Marquez.
• 51:14
  Speaker 2: Audio production for this episode is by George Panos and
• 51:18
  Speaker 2: Michael Yulatowski. Our social media manager is Skyler Park. Thank
• 51:23
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• 51:25
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  Speaker 2: the handle at Proofcrimepod and on our website, proofcrimepod dot com.
• 51:33
  Speaker 2: That's all for this week. Thanks for listening.