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Season 1_ Sidebar 3(M4A_128K) · NO FILTER

• 0:10
  Speaker 1: Hi, and welcome to this week's Proof Sidebar. New episodes
• 0:15
  Speaker 1: of Proof, covering the case of Lee Clark and Can's Story,
• 0:18
  Speaker 1: are released every Monday, but on Thursdays you'll see many
• 0:22
  Speaker 1: episodes like this one, where we answer listener questions, talk
• 0:25
  Speaker 1: about things going on behind the scenes, as well as
• 0:28
  Speaker 1: other true crime topics. I'm here this week with Jacinda
• 0:32
  Speaker 1: Davis and Kevin Fitzpatrick. So this week we finally heard
• 0:42
  Speaker 1: from Can's story. He called us a few months back.
• 0:46
  Speaker 1: He was moved to a new prison and had phone
• 0:48
  Speaker 1: privileges restored and finally got in touch with me. He
• 0:51
  Speaker 1: had written before. I knew from his mother that he
• 0:54
  Speaker 1: had wanted to talk to me, but it didn't work
• 0:56
  Speaker 1: out until many many months we started, and it was
• 1:02
  Speaker 1: a big moment to finally speak to him and hear
• 1:04
  Speaker 1: his story.
• 1:06
  Speaker 2: I think it's really compelling because you hear from the
• 1:09
  Speaker 2: one person who's in the room, and I think that
• 1:12
  Speaker 2: it will provide us a lot of insight over the
• 1:15
  Speaker 2: course of this season, having that perspective because he's the
• 1:18
  Speaker 2: only one who really knows what happened.
• 1:20
  Speaker 1: That's one of the first things he said to me.
• 1:21
  Speaker 1: It was like, I am the only one who knows.
• 1:23
  Speaker 1: I told him that I'd talked to Lee extensively and
• 1:26
  Speaker 1: had lots of questions for him, and his reaction was, well,
• 1:31
  Speaker 1: Lee doesn't know what happened there because he wasn't around.
• 1:33
  Speaker 1: I'm the one that was there.
• 1:35
  Speaker 2: I think it's really fascinating how you both included in
• 1:38
  Speaker 2: the story this week, how Lee has struggled with Cain
• 1:42
  Speaker 2: knowing and him not, because how can you ever be
• 1:44
  Speaker 2: completely certain that someone's telling you the truth? That that
• 1:46
  Speaker 2: came across very well in the last episode.
• 1:49
  Speaker 1: That's a battle for him. Lee says he's certain now
• 1:53
  Speaker 1: he doesn't have doubts anymore, but it was a long
• 1:55
  Speaker 1: time to get there.
• 1:56
  Speaker 3: Well.
• 1:56
  Speaker 1: We also heard this week about the informants that Messa
• 1:59
  Speaker 1: Getris spoke to, and we even heard from one. We
• 2:02
  Speaker 1: heard from the single informant, our single witness whose interview
• 2:05
  Speaker 1: still remains in the Floyd County Police files today. Our
• 2:08
  Speaker 1: best guess is that's because this informant turned up rather late,
• 2:13
  Speaker 1: and I think what happened is that the investigator simply
• 2:16
  Speaker 1: didn't bother to hand this tape over to the DA's office,
• 2:18
  Speaker 1: which is why we were able to hear it.
• 2:20
  Speaker 4: We also what I thought was just as interesting as
• 2:23
  Speaker 4: hearing from that informant, was we hear Dallas Battle's voice
• 2:27
  Speaker 4: for the very first time, just like Caine. It's the
• 2:30
  Speaker 4: first time, you know, we're hearing both their voices. And
• 2:33
  Speaker 4: Caine mimics Dallas Battle and a couple clips that we played,
• 2:38
  Speaker 4: and it made me laugh because he sounds just like
• 2:41
  Speaker 4: Dallas Battle when he mimics his voice, that one line
• 2:44
  Speaker 4: where he says, You'll come out smelling like a rose Kane.
• 2:48
  Speaker 4: Now that I've heard Dallas Battle's voice, I can absolutely
• 2:51
  Speaker 4: picture him hear him say that.
• 2:55
  Speaker 1: We also heard about Danny the informant who did testify
• 2:59
  Speaker 1: brief trial, the only informant that the jury heard from,
• 3:03
  Speaker 1: and what he told you, Cinda and I about how
• 3:06
  Speaker 1: his statement came to be, what was going on in
• 3:07
  Speaker 1: Floyd County jail.
• 3:09
  Speaker 4: And the show. We mentioned that the judge ultimately said
• 3:12
  Speaker 4: he had to stop testifying, but we didn't really explain
• 3:15
  Speaker 4: why and what law he cited.
• 3:18
  Speaker 1: So the issue has to do with the fact that
• 3:20
  Speaker 1: Cain and Lee are co defendants and statements made by
• 3:25
  Speaker 1: one are only admissible against the other in certain circumstances. Basically,
• 3:30
  Speaker 1: you can use statements from co defendant when they're part
• 3:32
  Speaker 1: of the conspiracy, but once the conspiracy is over, you
• 3:35
  Speaker 1: cannot admit the statements for evidence against the other code
• 3:38
  Speaker 1: defendant without violating competition clause prohibitions. So, without getting into
• 3:43
  Speaker 1: detail there, what happened is the informant, Danny, started testifying,
• 3:48
  Speaker 1: and I think what he was supposed to do was
• 3:50
  Speaker 1: to give a statement about how Cain and Lee had
• 3:54
  Speaker 1: been together and made a confession to him, but he
• 3:57
  Speaker 1: kind of veered off from that instead talked about how
• 3:59
  Speaker 1: they confessed like first one then the other, but while
• 4:03
  Speaker 1: they were not in one of those presents, and because
• 4:05
  Speaker 1: of that, it was no longer admissible and the judge
• 4:08
  Speaker 1: had to stop it and ultimately didn't let it come in.
• 4:10
  Speaker 1: We also so at the trial there were actually two
• 4:13
  Speaker 1: informants that took the stand. The one Dan, like we said,
• 4:16
  Speaker 1: the jury heard a little bit. The second informant the
• 4:17
  Speaker 1: jury did not hear at all because the judge had
• 4:20
  Speaker 1: him questioned outside of the jury's presence and then decided
• 4:22
  Speaker 1: he couldn't come in. This informant was slightly different from
• 4:27
  Speaker 1: the others because when Ja Sinna and I went to
• 4:29
  Speaker 1: talk to him, I think we both thought it would
• 4:31
  Speaker 1: be another one like Danny and the other informants that
• 4:34
  Speaker 1: he says were recruited alongside him. But when we taught
• 4:37
  Speaker 1: went to larry this informant, it seemed to be a
• 4:40
  Speaker 1: different situation, in part because Battle was not the one
• 4:42
  Speaker 1: who found him. It was actually he told us, and
• 4:45
  Speaker 1: this was confirmed by Brian's family. It was Brian's grandmother,
• 4:48
  Speaker 1: who worked at the cafeteria at another facility, who found
• 4:52
  Speaker 1: this inmate and put in touch with investigators. So unlike
• 4:56
  Speaker 1: the other informants, he was not recruited by Dallas bat.
• 5:01
  Speaker 1: It seems to have happened as the grandmother she was
• 5:02
  Speaker 1: at a forget which jail it was, I think it
• 5:05
  Speaker 1: was Polk County somewhere. She worked in the cafeteria there,
• 5:08
  Speaker 1: and one of the inmates or detainees was in the
• 5:11
  Speaker 1: cafeteria and heard her talking about this case, and he said, oh,
• 5:14
  Speaker 1: I was just in jail with Caine's story. He made
• 5:18
  Speaker 1: a statement you want to hear about, and that's how
• 5:20
  Speaker 1: he ended up getting in touch investigators and becoming a
• 5:24
  Speaker 1: jailus informant. Although it should be noted that there is
• 5:28
  Speaker 1: no evidence that actually any of the informants in this
• 5:30
  Speaker 1: case minus one to talk about later. Were ever in
• 5:33
  Speaker 1: a jail are the same block as either Kin or Lee,
• 5:37
  Speaker 1: So calling them informants quote unquote is possibly generous. When
• 5:43
  Speaker 1: it is it seems very likely that most, if not all,
• 5:47
  Speaker 1: of them never even spoke to Lee or Kine. Like Danny,
• 5:50
  Speaker 1: Larry also told us that that there was no confession.
• 5:53
  Speaker 1: He seemed not to remember that he'd ever claimed there'd
• 5:56
  Speaker 1: been a confession, and instead said that Cain had just
• 5:59
  Speaker 1: seemed guilty when he told him about how his friend
• 6:02
  Speaker 1: had died playing Russian roulette.
• 6:04
  Speaker 4: I think he said it was just an impression.
• 6:05
  Speaker 1: He got, yeah, an impression, and he seemed really remorseful.
• 6:10
  Speaker 1: He seemed kind of shaken up when he told him
• 6:13
  Speaker 1: that there was not just one boy, but two boys
• 6:14
  Speaker 1: in prison with life sentences because of this case. And
• 6:18
  Speaker 1: he kept insisting, well, I didn't testify it, I didn't testify,
• 6:22
  Speaker 1: which he didn't. The jury didn't hear from him. He
• 6:24
  Speaker 1: did not influence the verdict.
• 6:25
  Speaker 4: But they were certainly trying to recruit these informants with
• 6:30
  Speaker 4: the idea that they would be allowed to testify.
• 6:34
  Speaker 2: My question is what was in it for them?
• 6:35
  Speaker 1: If anything, you helped me will help you. So in
• 6:39
  Speaker 1: the case of Danny, he said there was a sentence production.
• 6:42
  Speaker 1: That's hard to confirm because we don't know what would
• 6:45
  Speaker 1: have happened if he didn't cooperate. I can at least
• 6:47
  Speaker 1: confirm that he had more charges and only ended up
• 6:50
  Speaker 1: pleading out to one of them. But there's without more records,
• 6:53
  Speaker 1: just no way to say if that was in fact
• 6:54
  Speaker 1: the product of a deal or just how things shook out.
• 6:57
  Speaker 1: We also heard more this week from Caprice, fifteen year
• 7:00
  Speaker 1: old girlfriend of Brian, And one thing that struck me
• 7:04
  Speaker 1: about this case is that you have the way Caprice talks,
• 7:07
  Speaker 1: and even Brian's family talk about Caprice and Brian's relationship,
• 7:11
  Speaker 1: and then you have the state's theory. So you've got
• 7:13
  Speaker 1: Caprice and Brian having this really puppy love, really sort
• 7:16
  Speaker 1: of innocent, like let's meet at the coke machines at
• 7:19
  Speaker 1: school kind of deal, and then you have the state
• 7:22
  Speaker 1: saying that actually she was part of a gang conspiracy
• 7:26
  Speaker 1: to murder her boyfriend. And the two images, to me,
• 7:28
  Speaker 1: just don't reconcile very well at all.
• 7:32
  Speaker 4: Yeah, and Caprice is so important to this case because
• 7:36
  Speaker 4: she says she heard Brian say they were playing Russian Roulette,
• 7:41
  Speaker 4: and if she did, in fact hear Brian say that,
• 7:44
  Speaker 4: it would confirm Cane's story that they were playing Russian Roulette.
• 7:49
  Speaker 4: So the detectives have to figure out a way to
• 7:51
  Speaker 4: say that she's lying and part of the conspiracy, and
• 7:54
  Speaker 4: that what she said she heard is part of the conspiracy.
• 7:59
  Speaker 2: You started telling me about this story, and Caprice came up,
• 8:03
  Speaker 2: and I heard that she was an unindicted Poe conspirator.
• 8:06
  Speaker 2: I was like, Oh, I could see a scenario by
• 8:08
  Speaker 2: which they're creating this whole concept. They don't have to
• 8:10
  Speaker 2: charge her because they don't feel like they have enough
• 8:11
  Speaker 2: evidence and they need her in order to place conspiracy together.
• 8:16
  Speaker 2: I guess what stunned me is many people actually believed that,
• 8:20
  Speaker 2: And I was surprised, particularly Amanda and Kenneth, being so
• 8:24
  Speaker 2: convinced that that was actually what happened. And so I'm
• 8:28
  Speaker 2: just curious to see how some of the listeners come
• 8:29
  Speaker 2: away with that, because I was surprised that so many
• 8:33
  Speaker 2: people found it to be plausible.
• 8:35
  Speaker 1: Now, keep in mind, the only evidence at trial that
• 8:37
  Speaker 1: Caprice was part of the conspiracy was from Angela Bruce,
• 8:41
  Speaker 1: who had the party a few months after Brian's death,
• 8:43
  Speaker 1: where she says Lian Kine showed up and confessed to murder,
• 8:48
  Speaker 1: and then in a later statement says, oh yeah, Caprice
• 8:51
  Speaker 1: was also there. But in her statement, Angela says that
• 8:54
  Speaker 1: Caprice is blonde. She's a blonde girl. It shows up
• 8:58
  Speaker 1: on her doorset and says, hey, are lean Kine here?
• 9:00
  Speaker 1: They need to come with me. And we tell this
• 9:03
  Speaker 1: to Caprice and her reaction was she started laughing. She's like,
• 9:07
  Speaker 1: I am I was not blonde. You can ask Brian's mother. Actually,
• 9:10
  Speaker 1: we did talk to some Brian's family and they were
• 9:12
  Speaker 1: called her having dark hair, so that part was true.
• 9:16
  Speaker 4: We did have a listener who lives in Rome send
• 9:19
  Speaker 4: us a picture of Caprice with blonde hair from Facebook.
• 9:24
  Speaker 4: It's a picture that was taken much much later than
• 9:27
  Speaker 4: when this case took place.
• 9:30
  Speaker 1: Yeah, and for brevity, for brevity, we did not include
• 9:33
  Speaker 1: it on the show. But we did go through Caprice's
• 9:35
  Speaker 1: hair history and here's what she told us about her
• 9:39
  Speaker 1: her lifetime experiences of being blonde.
• 9:44
  Speaker 3: In my license, when I was in hir school in
• 9:46
  Speaker 3: twenty fifteen. Now, I don't think that was nineteen ninety seven,
• 9:51
  Speaker 3: two thousand and fifteen. I had my hero coat, sure,
• 9:52
  Speaker 3: and it was canary yellow. That's as blonde as I've
• 9:55
  Speaker 3: ever got.
• 9:57
  Speaker 1: And it wasn't there, oh, because I was like so yeah.
• 10:02
  Speaker 1: Point being that Caprice was not blonde when she was fifteen.
• 10:06
  Speaker 1: She could not drive. You couldn't drive either. She had
• 10:09
  Speaker 1: very dark hair. She just doesn't match what Angela Bruce
• 10:13
  Speaker 1: describes about blonde girl coming to the door.
• 10:15
  Speaker 4: And I guess, you know, if the detectives are starting
• 10:18
  Speaker 4: to put together this case of a conspiracy, you can
• 10:22
  Speaker 4: see why people would jump to the conclusion that Caprice
• 10:26
  Speaker 4: has to be involved. And again, we talked about confirmation
• 10:30
  Speaker 4: bias earlier. You're now looking at the facts of the
• 10:33
  Speaker 4: case through that bias that, oh, she had to be involved.
• 10:37
  Speaker 1: And I kind of wonder why they ultimately decided to
• 10:39
  Speaker 1: go with this theory. It's posted to the free birds theory.
• 10:42
  Speaker 1: Other than I guess they ended up having more witnesses
• 10:45
  Speaker 1: or any witnesses to talk about, like, for instance, the
• 10:49
  Speaker 1: rule book that Dobbie Kelly says she saw in Kine's house,
• 10:52
  Speaker 1: as opposed to these Caprice rumors, which don't have any witnesses. Really,
• 10:56
  Speaker 1: they're just things a few people heard distantly.
• 11:00
  Speaker 2: I think you can if you can cast some malicious
• 11:02
  Speaker 2: intent as to why she's on the phone, you can
• 11:05
  Speaker 2: get someone's imagination to get sort of carried away with
• 11:09
  Speaker 2: that back, shall we say?
• 11:10
  Speaker 4: I mean one thing I thought was interesting. You know,
• 11:12
  Speaker 4: we hear Cain's side of the story for the first time,
• 11:15
  Speaker 4: and it's pretty much what we had expected from police
• 11:19
  Speaker 4: reports and whatnot. But we also got messages from Brian's
• 11:24
  Speaker 4: family this week saying they just don't see how there
• 11:28
  Speaker 4: could have been enough time for that to happen between
• 11:31
  Speaker 4: the time when Cain walks in and they hear the
• 11:34
  Speaker 4: gun shot. They don't think there was enough time for
• 11:36
  Speaker 4: him to go in and for them to play a
• 11:38
  Speaker 4: couple of rounds of Russian Roulette and then for the
• 11:41
  Speaker 4: gun to go off. They feel very very strongly that
• 11:44
  Speaker 4: there just wasn't enough time.
• 11:46
  Speaker 1: We don't have any exact timelines here. The one thing
• 11:49
  Speaker 1: we do know for just about certain is that the
• 11:52
  Speaker 1: phone call nine one call was made by friend's Brian's
• 11:55
  Speaker 1: family at a nine thirty seven, at least according to
• 11:58
  Speaker 1: the old Hire Department records, when they got the call
• 12:02
  Speaker 1: for the AMT to be dispatched there, So nine thirty
• 12:05
  Speaker 1: seven is after the shots been fired. We know Brian
• 12:08
  Speaker 1: would have gotten home around nine, maybe a little bit
• 12:10
  Speaker 1: after nine, and that Cain got there not too long
• 12:15
  Speaker 1: after that. But the family recalls it being a very
• 12:19
  Speaker 1: very brief amount of time between when Cain slash Josh
• 12:22
  Speaker 1: walks back to Brian's bedroom and when they hear the thud.
• 12:25
  Speaker 1: They say like three to five minutes, and some of
• 12:26
  Speaker 1: the trial testimony and both Caprice and Cain describe events
• 12:31
  Speaker 1: as not taking very long at all. They don't put
• 12:34
  Speaker 1: an exact number of minutes on it, so it's clear
• 12:36
  Speaker 1: it's not a long period of time here. But the
• 12:38
  Speaker 1: question is is it long enough for two boys to
• 12:40
  Speaker 1: have started playing with the gun?
• 12:43
  Speaker 4: Right? And also, but the flip side of that is,
• 12:46
  Speaker 4: is it long enough for the plan to unfold? Of okay,
• 12:49
  Speaker 4: distract Brian. Once he's distracted, Caprice, I guess is supposed
• 12:55
  Speaker 4: to have be sent a pager message to Lee who
• 12:59
  Speaker 4: is hiding somewhere and then comes to the window, and
• 13:02
  Speaker 4: all of that would take time too. So if there's
• 13:05
  Speaker 4: not time for them to play Russian Roulette, in my mind,
• 13:08
  Speaker 4: there's not time for this alleged plant unfold either.
• 13:12
  Speaker 1: Unless the beeping thing was a plan to get both
• 13:16
  Speaker 1: Lee and Kine over there. The beeper thing comes from
• 13:20
  Speaker 1: Angela Bruce, So let's put a big old asterisk as
• 13:23
  Speaker 1: to that story. But according to this beeper theory, that's
• 13:26
  Speaker 1: I guess what could have been happening.
• 13:28
  Speaker 4: Right, because someone would have had to signal to Lee
• 13:31
  Speaker 4: that he's there and he's distracted to go ahead and
• 13:36
  Speaker 4: come to the window.
• 13:37
  Speaker 1: Yeah.
• 13:38
  Speaker 2: Why would they have to distract him is one thing
• 13:40
  Speaker 2: they never understood. If they were going to shoot him,
• 13:43
  Speaker 2: why wouldn't they just shoot him?
• 13:45
  Speaker 4: Well, that's the other thing. We had a listener right
• 13:48
  Speaker 4: in a question about doesn't understand one why they would
• 13:52
  Speaker 4: have to try to muffle the shot or distract him.
• 13:56
  Speaker 4: If the theory is that, if the plan is that
• 13:58
  Speaker 4: they're going to say we're playing Russian rule, let, you
• 14:00
  Speaker 4: wouldn't have to hide the gun shot the sound of
• 14:03
  Speaker 4: the gunshot because you're going to say it's Russian roulette.
• 14:06
  Speaker 1: That's the another part that doesn't quite add up with
• 14:09
  Speaker 1: this theory of what the plan was here for me
• 14:12
  Speaker 1: is that the ideas they muffled a shot so the
• 14:15
  Speaker 1: gunshot wouldn't be heard. But if the plans to make
• 14:18
  Speaker 1: it be a fake Russian roulette. You want it to
• 14:20
  Speaker 1: be heard. If no one hears the shot, then that's
• 14:22
  Speaker 1: going to undermine this. It was Russian roulette story exactly.
• 14:27
  Speaker 1: We also got a question from Wee Wee John's is
• 14:29
  Speaker 1: a DA not bound by the same rules as someone
• 14:32
  Speaker 1: on the stand? Y'all keep saying the pillow is the key.
• 14:34
  Speaker 1: But to me, if Brian was never rested or charge
• 14:36
  Speaker 1: the connection was fealing safe, there would never been motive
• 14:39
  Speaker 1: to killed in the first place. I guess the question
• 14:42
  Speaker 1: is how can the dah make up lies support the
• 14:44
  Speaker 1: case and not himself be in trouble? And did Leon
• 14:46
  Speaker 1: Kaye's attorneys not try to check into the lies that
• 14:48
  Speaker 1: the DA was speeding to the jury. I do think
• 14:51
  Speaker 1: the word lies is too strong here. We don't have
• 14:54
  Speaker 1: any reason to believe that the prosecutor knew he was
• 14:57
  Speaker 1: making false statements during opening statements, especially when there's such
• 15:01
  Speaker 1: obviously fact checked and should have been easily corrected statements.
• 15:06
  Speaker 1: To me, the sense I get is that the DA
• 15:08
  Speaker 1: simply didn't know his case that well. There were a
• 15:11
  Speaker 1: number of troubling the statements that he made that I
• 15:13
  Speaker 1: am willing to believe that he simply either got that
• 15:17
  Speaker 1: info from his investigators or made mistaken assumptions about stuff
• 15:21
  Speaker 1: that he never checked, as opposed to actually lying. That said,
• 15:25
  Speaker 1: it's still very concerning and I find it very troubling
• 15:27
  Speaker 1: that he made a number of factual certifications to the
• 15:31
  Speaker 1: jury about very critical issues.
• 15:34
  Speaker 4: And then the second part of that question about Lee
• 15:36
  Speaker 4: and Kane's attorneys, couldn't they have objected or done something
• 15:40
  Speaker 4: to point out the mistakes the DA was making.
• 15:42
  Speaker 1: Yes, they could have. There are sort of tactical considerations
• 15:47
  Speaker 1: there as well. You don't want to be objecting all
• 15:50
  Speaker 1: through the other sides, opening or closing, and that can
• 15:53
  Speaker 1: make the jury sort of hostile towards you, or to
• 15:56
  Speaker 1: be suspicious. It's not always a good idea to definitely
• 16:00
  Speaker 1: not a good idea to object to every little sort
• 16:01
  Speaker 1: of statement. At the same time, a number of the
• 16:04
  Speaker 1: things the prosecutor said should have been very quickly corrected,
• 16:08
  Speaker 1: especially things like Brian being charged to the safe theft
• 16:12
  Speaker 1: when he had nothing to do with it.
• 16:14
  Speaker 2: Are we sure that their lawyers knew that they were
• 16:17
  Speaker 2: incorrect statements?
• 16:18
  Speaker 1: That's another part of it. We don't know at all.
• 16:21
  Speaker 1: It's possible that just like the prosecutor the defense attorneys
• 16:25
  Speaker 1: didn't know the facts well enough to realize that there
• 16:27
  Speaker 1: was a number of statements being.
• 16:28
  Speaker 2: Made, because I mean, as an attorney, that statement has
• 16:32
  Speaker 2: to stand out. I mean, you have to either knows
• 16:34
  Speaker 2: that it's true or false. If it's false, you should
• 16:36
  Speaker 2: be jumping out of your chair, and if it's true,
• 16:38
  Speaker 2: you should be, oh my god, that just established motives
• 16:41
  Speaker 2: for my clients. Seems extraordinary not to know one way
• 16:45
  Speaker 2: or the other.
• 16:47
  Speaker 1: And our last question comes from Jeff, who says, so,
• 16:50
  Speaker 1: did Angela's story go from getting tired of all the
• 16:53
  Speaker 1: murder talk so she pulled a knife on them and
• 16:55
  Speaker 1: made them leave, to saying that the victim's girlfriend was
• 16:58
  Speaker 1: involved and just randomly pulled up at my house and
• 17:00
  Speaker 1: pick them up. Or did she take it a step
• 17:02
  Speaker 1: further and claim the victim's girlfriend pulled up and then
• 17:04
  Speaker 1: she pulled a knife on them. I was just talking
• 17:06
  Speaker 1: about Angela's stories about how the party ended. She has
• 17:09
  Speaker 1: several changes very quick in time. The interviews she gave
• 17:12
  Speaker 1: to Dallas Battle and David Stewart are recorded are very short.
• 17:16
  Speaker 1: They're like six minutes or eight minutes. They're not long interviews,
• 17:20
  Speaker 1: and yet in the space of like a couple minutes.
• 17:23
  Speaker 1: In her first interview, she goes from saying that King's
• 17:25
  Speaker 1: at the party for like four hours and then left
• 17:27
  Speaker 1: when the party ended, to saying that when Cain and
• 17:30
  Speaker 1: Lee confessed, she pulled a knife on them and forced
• 17:32
  Speaker 1: them out of her house because she didn't like their
• 17:34
  Speaker 1: crazy murder talk. Then the next interview, she says that
• 17:38
  Speaker 1: Cain and Lee leave when Caprice and another blonde girl
• 17:42
  Speaker 1: that she doesn't no pull up and come to the
• 17:45
  Speaker 1: door and say are Kin and Lee here? And I
• 17:47
  Speaker 1: guess someone's like, yeah, they're here, and they just walked
• 17:50
  Speaker 1: out the door. In this version of Angela's story, there's
• 17:52
  Speaker 1: no knife involved, there's no no kind of violence that's
• 17:55
  Speaker 1: been totally forgotten.
• 17:57
  Speaker 4: You know a lot of people have written in asking
• 17:59
  Speaker 4: questions about Angela Bruce and her story and how and
• 18:02
  Speaker 4: why it changes. We couldn't talk to Angela at first
• 18:04
  Speaker 4: because she doesn't live in Rome, Georgia anymore, but Susan
• 18:08
  Speaker 4: and I did make a separate trip and we were
• 18:11
  Speaker 4: able to talk to Angela on the record, So we'll
• 18:14
  Speaker 4: be including her side of the story in future episodes,
• 18:18
  Speaker 4: so stay tuned for that.
• 18:20
  Speaker 1: We also have some exciting news for one of the
• 18:24
  Speaker 1: rare times in Floyd County, we had success in getting documents.
• 18:28
  Speaker 1: One of the things we've really wanted to hear are
• 18:30
  Speaker 1: the two cassette tapes that were exhibits at Lee and
• 18:33
  Speaker 1: Kane's trial. Both of them are recorded interviews with Caine's story,
• 18:39
  Speaker 1: one about the safe theft and one about Brian's death.
• 18:42
  Speaker 1: We requested from the court. Initially we were not given them,
• 18:44
  Speaker 1: so we filed the motion with the court asking for
• 18:46
  Speaker 1: access to the tapes, and we won. The judge agreed
• 18:50
  Speaker 1: that those tapes should have been available to us, and
• 18:53
  Speaker 1: we were able to get copies of both, and that's
• 18:56
  Speaker 1: something you'll be hearing from in later episodes. We also
• 18:59
  Speaker 1: got a rule in that the closing arguments and opening
• 19:02
  Speaker 1: statements in this case, which were not transcribed, should be
• 19:05
  Speaker 1: made available to us. In Georgia, the tape recordings of
• 19:10
  Speaker 1: court proceedings like trials are not themselves considered court records,
• 19:14
  Speaker 1: so we could not get access to that. But in
• 19:16
  Speaker 1: this case, like in a lot of cases, not all
• 19:19
  Speaker 1: of the trial proceedings were actually put into transcript form,
• 19:24
  Speaker 1: so the only record that exists is in the tape cassettes.
• 19:27
  Speaker 1: Of the recordings that were made, So the judge also
• 19:29
  Speaker 1: ruled that we are either entitled to those tape recordings
• 19:33
  Speaker 1: or to transcripts being made of the opening and closings
• 19:36
  Speaker 1: or any other parts that weren't transcribed. So hopefully within
• 19:40
  Speaker 1: a reasonable amount of time, we'll also be able to
• 19:42
  Speaker 1: see what was said in closing arguments a trial.
• 19:44
  Speaker 2: One of these tapes that you won the court order
• 19:47
  Speaker 2: for is the original interview between Cain Story and Dallas Battle.
• 19:52
  Speaker 1: Yeah, it is. It's the confession tape.
• 19:55
  Speaker 2: I mean, and I mean that is going to be
• 19:57
  Speaker 2: so interesting when everyone actually gets the You're going to
• 20:00
  Speaker 2: hear him and Cain and Dallas in.
• 20:03
  Speaker 1: A room and also Mark Wallace, the current chief of
• 20:06
  Speaker 1: the Flood count Clue apartment.
• 20:08
  Speaker 2: That's going to be fascinating to understand what Cain said,
• 20:13
  Speaker 2: how he said it, what Dallas said, how he said it.
• 20:17
  Speaker 2: And we spoke to June's story on the first trip
• 20:19
  Speaker 2: to Rome and the way she described what happened after
• 20:23
  Speaker 2: that sort of interrogation, and that was the turning point
• 20:25
  Speaker 2: this whole story.
• 20:28
  Speaker 1: Well, that's all for this week's sidebar. Don't forget to
• 20:30
  Speaker 1: tune in on Monday for episode six. Where we'll discuss
• 20:33
  Speaker 1: the forensics in this case, such as they are. Thanks
• 20:40
  Speaker 1: for listening to this sidebar episode. We're back Monday with
• 20:43
  Speaker 1: episode six, and if you have any questions for future
• 20:46
  Speaker 1: sidebar episodes, don't forget to send them our way through email, Twitter, Facebook,
• 20:50
  Speaker 1: or Instagram. On all social media where Proof Crime pod.
• 20:54
  Speaker 1: You can also find me on Twitter at the VFM
• 20:56
  Speaker 1: L two and on Instagram at Sue Simp. That's soo
• 20:59
  Speaker 1: Simp