Latest / Gone Cold - Texas True Crime / The Abduction & Murder of Ashley Estell Part 3: Ashley’s Laws
Transcript
- 0:01Speaker 1: Gone coll Podcasts may contain violent or graphics subject matter.
- 0:05Speaker 1: Listener discretion is advised. The trial of Michael Nawie Blair
- 0:11Speaker 1: for the September fourth, nineteen ninety three abduction and murder
- 0:15Speaker 1: of seven year old Ashley Nicole Astelle began on Monday,
- 0:19Speaker 1: September twelfth, nineteen ninety four, with opening arguments. The case
- 0:24Speaker 1: was so high profile in the Dallas area, certainly in
- 0:28Speaker 1: both Dallas and Cullin Counties, that the defense filed a
- 0:32Speaker 1: motion for a change of venue. The motion was granted,
- 0:36Speaker 1: and the trial was moved about three hundred and fifty
- 0:39Speaker 1: miles away to Midland, Texas and closed off to television
- 0:43Speaker 1: news cameras. The accused's past criminal record could not be
- 0:49Speaker 1: used as evidence against him. Blair, wearing a dark suit
- 0:54Speaker 1: with his hair trimmed short in stark contrast to mugshot
- 0:58Speaker 1: photos that had since surchedulated through the press, pleaded not
- 1:02Speaker 1: guilty to the charge of capital murder. Blair, whose strange
- 1:07Speaker 1: behavior practically begged the Plano police to investigate him, including
- 1:12Speaker 1: repeatedly driving by the site where Ashley's body was discovered,
- 1:17Speaker 1: was represented by a team of two very capable lawyers,
- 1:21Speaker 1: though Blair's was arguably the highest profile case attorney Don
- 1:26Speaker 1: McDermott had prepared to try. Up until this point in
- 1:29Speaker 1: his career. He'd also represented seventeen year old Chrissy Lynn
- 1:34Speaker 1: Caldwell two years before she was convicted of the charges
- 1:38Speaker 1: against her the capital murder of her mother Rosalind, after
- 1:42Speaker 1: she convinced her boyfriend and another to help her kill
- 1:46Speaker 1: her parents. Blair's other counsel, Stephen Myers, was an up
- 1:51Speaker 1: and coming criminal defense powerhouse. He would go on to
- 1:55Speaker 1: represent several high profile clients, like Glenn Samuel mc curley,
- 2:00Speaker 1: who was convicted in twenty twenty one of the nineteen
- 2:03Speaker 1: seventy four abduction and murder of Carla Walker in Fort Worth.
- 2:08Speaker 1: Collin County. Assistant District Attorney Brian Clayton told the jury
- 2:13Speaker 1: during opening statements that witnesses placed Blair at every relevant location,
- 2:19Speaker 1: from the soccer field the day Ashley was abducted to
- 2:22Speaker 1: the gravel road six miles away, off of which the
- 2:25Speaker 1: seven year old girl's body was found. Hair and fiber
- 2:30Speaker 1: samples also linked Blair to the murder, Clayton said. Defense
- 2:35Speaker 1: attorney Don McDermott, however, told the twelve jurors that the
- 2:39Speaker 1: state's forensic evidence was not even close to what should
- 2:43Speaker 1: be required for a verdict of guilty in a death
- 2:46Speaker 1: penalty case. Particularly, Hair McDermott said, is not fingerprints, is
- 2:53Speaker 1: not DNA. A Dallas policeman, he went on, saw his
- 2:58Speaker 1: client eighteen miles from the scene of the abduction at
- 3:02Speaker 1: the same time civilian witnesses placed him at the park.
- 3:06Speaker 1: These contradicting accounts were only a sample of the convoluted
- 3:10Speaker 1: and confusing evidence presented at Blair's trial, and emotions were
- 3:14Speaker 1: running high. After all, the trial was for the accused
- 3:19Speaker 1: murderer of a child. Even though the change of venue
- 3:23Speaker 1: from Plano to Midland allowed for a jury who hadn't
- 3:27Speaker 1: necessarily seen Ashley Estell's abduction and murder on page one
- 3:31Speaker 1: for the past year. Like folks from the Dallas Fort
- 3:34Speaker 1: Worth area, they were likely still aware of the case that,
- 3:39Speaker 1: by the time of the trial had long gone nationwide.
- 3:52Speaker 1: The primary evidence presented against Michael Blair at trial included
- 3:57Speaker 1: a ten hour videotape of Blair's statements to investigators before
- 4:01Speaker 1: and after his arrest during multiple interrogations. The jury watched
- 4:07Speaker 1: the entire ten hour videotape where Michael Blair appeared disheveled
- 4:11Speaker 1: with long hair sticking out in multiple directions. At times,
- 4:16Speaker 1: Blair appears cocky and defiant as he sometimes lies about
- 4:21Speaker 1: his past criminal record as a child molester. He claims
- 4:25Speaker 1: he was asleep during the abduction of Ashley. As police
- 4:29Speaker 1: pressed him on this, a detective says, tell the truth,
- 4:33Speaker 1: cleanse it out, let it come out of you. After
- 4:37Speaker 1: hours of interrogation, Blair momentarily doubts his innocence. He says,
- 4:43Speaker 1: I don't know if I was there. Maybe I blacked out,
- 4:46Speaker 1: maybe I was there. I feel lost because I don't
- 4:49Speaker 1: know to my belief I was home. A detective responds,
- 4:55Speaker 1: it's an evil inside of you. You've got to get
- 4:57Speaker 1: rid of it. But Blair pauses as he catches himself
- 5:02Speaker 1: and goes back to claiming his innocence. The only reason
- 5:06Speaker 1: I'm in this situation is because I'm trying to find
- 5:08Speaker 1: answers to why a little girl had to die. Blair
- 5:12Speaker 1: told them, I definitely hope you guys catch this guy.
- 5:16Speaker 1: If you catch him, I can say this is what
- 5:19Speaker 1: I went through because of him. Blair, visibly and audibly
- 5:23Speaker 1: angry declared, I ain't gonna say I did something when
- 5:27Speaker 1: I didn't. I didn't do nothing to Ashley. Prosecutors told
- 5:32Speaker 1: local news this could read as Blair being close to confessing,
- 5:36Speaker 1: but his lawyer said that Blair never admitted guilt, and
- 5:40Speaker 1: anyone under those circumstances would get confused and start to
- 5:44Speaker 1: question themselves. He attributes the comments to fatigue and stress,
- 5:50Speaker 1: since he was interrogated for more than nine hours, that
- 5:53Speaker 1: was at least partially true. Nonetheless, Blair played right into
- 5:59Speaker 1: detective's hand when he became particularly angry on the tape
- 6:03Speaker 1: after police confronted him about molesting his six year old
- 6:07Speaker 1: half sister when he was just sixteen years old. He
- 6:11Speaker 1: admitted that he molested her for two years, saying quote,
- 6:15Speaker 1: I wasn't good with girls. I was learning about sex.
- 6:19Speaker 1: What he was learning about was rape. Jurors likely thought
- 6:25Speaker 1: Blair's burst of anger in the HS video also played
- 6:29Speaker 1: right into the hands of Colin County Assistant District Attorney
- 6:32Speaker 1: Brian Clayton, as he sought to show the jury that
- 6:36Speaker 1: the defendant was easily angered. Still, Michael Blair denied vehemently
- 6:42Speaker 1: that he kidnapped and killed Ashley Estelle, and when it
- 6:46Speaker 1: came down to it never really budged from that position.
- 6:51Speaker 1: The accused police interview was hardly the only trick of
- 6:55Speaker 1: the prosecution's sleeve, but they certainly had compelling evidence as
- 6:59Speaker 1: well well. Plano employee Charles Boatwright testified that Michael Nawie
- 7:06Speaker 1: Blair had driven past the scene where Ashley's body was
- 7:09Speaker 1: found two days after the fact and asked his co
- 7:13Speaker 1: worker Robert Crane to take down the license plate number
- 7:16Speaker 1: of his vehicle. Blair asked Crane, who also testified, is
- 7:22Speaker 1: this where the little girl was found? Boatwright told jurors
- 7:26Speaker 1: that there was something strange about Blair's presence there that day.
- 7:32Speaker 1: On the same day of his and Crane's testimony, Colin
- 7:35Speaker 1: County medical examiner doctor William Rohre testified as photographs of
- 7:40Speaker 1: Ashley's bruised and scratched body were shown to jurors, she
- 7:46Speaker 1: put up a fierce struggle, Roor said, as she was
- 7:49Speaker 1: being strangled with what was likely a thin cord or rope.
- 7:54Speaker 1: Within hours of her abduction from Carpenter Park, Ashley's fingernails
- 7:59Speaker 1: had marked her own neck as she fought to remove
- 8:03Speaker 1: the ligature. Doctor rr testified this drove home to jurors
- 8:09Speaker 1: the depravity and remorselessness with which her killer acted. The defendant,
- 8:15Speaker 1: the Dallas Morning News reported, moved to the seat near
- 8:18Speaker 1: the jury box in order to be in viewing range
- 8:21Speaker 1: of the photos, but he rarely looked up from the
- 8:24Speaker 1: legal pad he used to take notes. While there were
- 8:28Speaker 1: no physical signs that Ashley Estelle had been sexually assaulted,
- 8:33Speaker 1: doctor Rhorr said her t shirt was missing, which suggested
- 8:37Speaker 1: such PLAINO policeman Chris Peiritt also took the stand. He
- 8:45Speaker 1: described the day of the seven year old girl's disappearance
- 8:48Speaker 1: from the park and staying with the Estelle family for
- 8:51Speaker 1: the rest of the day. Defense attorney Don McDermott took
- 8:56Speaker 1: the opportunity to introduce an alternative suspect during his cross
- 9:00Speaker 1: examination of the officer, a soccer referee who had pending
- 9:05Speaker 1: indecency with the child charges in Arkansas, a man who
- 9:09Speaker 1: had left town shortly after the murder. This claim was
- 9:13Speaker 1: a bit disingenuous, which you'll hear later the next day,
- 9:18Speaker 1: Blair's defense dropped a bomb. This suspect. The soccer referee
- 9:23Speaker 1: had invoked his Fifth Amendment right against self incrimination during
- 9:28Speaker 1: a videotaped deposition, refusing to answer any questions that pertained
- 9:33Speaker 1: to Ashley's killing. However compelling it was, it paled in
- 9:39Speaker 1: comparison to other testimony on this third day of trial
- 9:43Speaker 1: that alleged police corruption. On the next day of trial,
- 9:59Speaker 1: Play I Know Police Department crime scene technician Daniel Rhodes
- 10:03Speaker 1: took the stand. It was here, perhaps that the defense
- 10:07Speaker 1: had the best possibility of creating reasonable doubt in the
- 10:11Speaker 1: minds of the jurors. Rhodes told the court that his supervisor,
- 10:16Speaker 1: Ben Armstrong had ordered him to destroy his original report
- 10:21Speaker 1: that documented the day Michael Nawie Blair came on the radar.
- 10:26Speaker 1: Both Rhades and Armstrong had been further processing the scene
- 10:30Speaker 1: several days after Ashley's body was found, and Blair had
- 10:34Speaker 1: approached in his vehicle. He was seemingly nervous and inquiring
- 10:39Speaker 1: as to whether they'd found any evidence. When Blair was
- 10:44Speaker 1: asked to come to the police station, Rhodes went out
- 10:47Speaker 1: to his vehicle, got in, and directed him where to
- 10:50Speaker 1: park before the Ford Explorer could be processed for evidence.
- 10:55Speaker 1: Rhodes getting into Blair's Ford Explorer, he testified, was one
- 11:00Speaker 1: of the details his supervisor, Ben Armstrong asked him to
- 11:03Speaker 1: leave out of his second, so called corrected report. He
- 11:07Speaker 1: alleged Armstrong then told him to destroy the original report.
- 11:13Speaker 1: Rhads continued, so Blair's defense couldn't use it to claim
- 11:17Speaker 1: the vehicle had been contaminated. After all, they'd been standing
- 11:22Speaker 1: in the grass and brush where Ashley was found and
- 11:26Speaker 1: could potentially drag and drop evidence in Blair's vehicle. That
- 11:31Speaker 1: was a stretch, unlikely and perhaps bordered on the absurd,
- 11:35Speaker 1: but it was possible theoretically. Armstrong denied ordering Roads to
- 11:41Speaker 1: destroy the very lengthy initial report and insisted he'd only
- 11:45Speaker 1: ordered him to write up a second, shorter version because
- 11:49Speaker 1: the crime scene tech, who was technically a civilian, was
- 11:52Speaker 1: playing detective. Daniel Rhodes later filed a lawsuit against the
- 11:58Speaker 1: Plano Police alleged racist practices and good old boy activity
- 12:03Speaker 1: after he said he was investigated by internal affairs for
- 12:07Speaker 1: speaking with his brother about the case. But it was
- 12:11Speaker 1: allegations that Armstrong ordered him to destroy the first report
- 12:15Speaker 1: that they were supposed to be investigating, Rhodes told the
- 12:18Speaker 1: Dallas Observer. After testifying at trial, Rhodes alleged the department's
- 12:24Speaker 1: employees turned cold and hostile toward him and were encouraged
- 12:28Speaker 1: by supervisors not to associate with him. The Department and
- 12:33Speaker 1: Ben Armstrong denied all allegations. While there were no fingerprints
- 12:40Speaker 1: or body fluids to point to Blair as the killer,
- 12:43Speaker 1: the prosecution did have hair evidence and some fiber evidence
- 12:48Speaker 1: as well. They called doctor Charles Lynch to the stand
- 12:52Speaker 1: to testify, a forensic consultant formerly of the Institute of
- 12:56Speaker 1: Forensic Sciences in Dallas. Perhaps his name may sound familiar
- 13:02Speaker 1: as he worked the Darley Rutier case, the Kenneth Allen
- 13:06Speaker 1: McDuff case, and the West Memphis three case. Doctor Lynch
- 13:12Speaker 1: testified that hares found in Blair's car had the same
- 13:16Speaker 1: microscopic characteristics as Ashley's. The forensic consultant also claimed that
- 13:23Speaker 1: two small black hairs found on her body had quote
- 13:26Speaker 1: Mongolian characteristics, which was relevant because Blair is half Taiwanese.
- 13:33Speaker 1: The pathologist went on to say that fibers from a
- 13:36Speaker 1: stuffed bunny Blair apparently used to lure Ashley away was
- 13:41Speaker 1: similar to fibers found on her body, and that a
- 13:45Speaker 1: clump of hair near the park contained both Blair's and Ashley's.
- 13:50Speaker 1: While doctor Lynch was careful to use terms like consistent
- 13:54Speaker 1: with and similar to. The prosecution used terms like match
- 13:59Speaker 1: and line when referring to the hair and fiber evidence.
- 14:04Speaker 1: On cross examination, defense attorney Don McDermott urged the jury
- 14:09Speaker 1: to recognize that hair is not as strong as DNA
- 14:12Speaker 1: or fingerprint evidence, but the jury was fascinated and compelled
- 14:18Speaker 1: by doctor Lynch's testimony. In Blair's vehicle, Prosecutors and investigators
- 14:24Speaker 1: also noted that they found stuffed animals, a long stemmed
- 14:28Speaker 1: rose binoculars, a knife, newspaper clippings about Ashley's kidnapping and murder,
- 14:35Speaker 1: and an oatmeal box wrapped with paper and filled with candy.
- 14:40Speaker 1: In an unusual move, later in the trial, as defense
- 14:44Speaker 1: presented their case, Blair took the stand as his attorney
- 14:48Speaker 1: questioned him for ten minutes, asking variations of the question
- 14:52Speaker 1: did you kill Ashley Estelle, including the questions did you
- 14:57Speaker 1: ever see her? And did you ever have her in
- 14:59Speaker 1: your lif carr. In contrast to his presentation on the
- 15:04Speaker 1: interrogation tapes, he spoke softly as he repeatedly responded no, sir.
- 15:11Speaker 1: The prosecution only questioned Blair for an additional five minutes
- 15:16Speaker 1: and nothing momentous was achieved other than sneakily slipping in
- 15:21Speaker 1: his criminal past. The defense produced one character witness, a
- 15:27Speaker 1: volunteer from a runaway shelter, who told the jury that
- 15:30Speaker 1: Blair had been steadily employed as a carpet cleaner. They
- 15:35Speaker 1: also brought forth witnesses who testified that Blair was home
- 15:39Speaker 1: asleep when Ashley disappeared from the park. This included Blair's
- 15:44Speaker 1: roommate and boss, who said he saw Blair asleep in
- 15:48Speaker 1: the apartment that day until he left there at ten
- 15:51Speaker 1: thirty am, and upon his return at four thirty pm,
- 15:56Speaker 1: he testified Blair was still at the apartment asleep. After
- 16:01Speaker 1: the nearly three week trial that included testimony from Ashley's mother,
- 16:05Speaker 1: Diana Estelle, in closing arguments, Colin County prosecutor Brian Clayton
- 16:11Speaker 1: choked back tears as he held up a large photo
- 16:14Speaker 1: of Ashley and urged the jury not to forget her.
- 16:18Speaker 1: During their deliberations, some jury members also began to cheer up.
- 16:25Speaker 1: Clayton then dramatically confronted Blair, calling him a subterranean troll
- 16:30Speaker 1: who committed murder. In their closing arguments, the defense claimed
- 16:36Speaker 1: that Blair was innocent, and prosecutors were trying him on
- 16:39Speaker 1: his past, not on the offense of Ashley Estelle's abduction
- 16:43Speaker 1: and murder. On Wednesday, September twenty eighth, nineteen ninety four,
- 16:49Speaker 1: after a mere twenty seven minutes, the jury reached their
- 16:52Speaker 1: decision and announced as Ashley's parents and grandparents looked on,
- 16:57Speaker 1: that they, beyond a reasonable doubt, had found Michael Nawie
- 17:01Speaker 1: Blair guilty of the offense of capital murder as alleged
- 17:05Speaker 1: in the indictment. Ashley's father expressed his surprise at how
- 17:11Speaker 1: swiftly the verdict came in, but hoped the family could
- 17:14Speaker 1: get a bit of closure now. The next day, the
- 17:19Speaker 1: jury was called for sentencing, where past criminal offenses and
- 17:23Speaker 1: even accusations of such, were allowed. Prosecutors brought forth witnesses
- 17:30Speaker 1: who depicted Blair as a drug abuser who harassed women
- 17:34Speaker 1: and fondled girls. Blair's ex common law wife testified that
- 17:39Speaker 1: he repeatedly raped her. A former coworker testified that Blair
- 17:45Speaker 1: sexually harassed her for one and a half years and
- 17:49Speaker 1: tried on multiple occasions to molest her two daughters, ages
- 17:53Speaker 1: two and four. Jurors had a choice between a sentence
- 17:58Speaker 1: of life imprisonment, which meant he would be eligible for
- 18:01Speaker 1: parole necessarily after forty years, or the death penalty. Prosecutors,
- 18:08Speaker 1: of course, pushed for the death penalty, saying that children
- 18:11Speaker 1: would not be safe if he were ever released. The defense, however,
- 18:17Speaker 1: asked the jury to spare Blair's life because he had
- 18:20Speaker 1: an abusive childhood. Blair shared a prepared statement with the courtroom.
- 18:26Speaker 1: No I am not perfect. Yes, I've done a lot
- 18:30Speaker 1: of wrong acts, but I did not abduct and murder
- 18:33Speaker 1: Ashley Estelle, Blair said, reading the words from a yellow
- 18:37Speaker 1: legal pad. Ashley's mother, Diana Estelle, who had previously avoided
- 18:44Speaker 1: the media for the most part, told reporters in a
- 18:47Speaker 1: quiet and tense voice that she found the statement inappropriate.
- 18:52Speaker 1: She called it a lie, hopefully his last, she added.
- 18:58Speaker 1: After deliberating for about an hour hour and a half,
- 19:01Speaker 1: the jury ruled that Blair would be sentenced to death
- 19:04Speaker 1: by lethal injection. Blair showed no emotion as the verdict
- 19:09Speaker 1: was read, while Ashley's parents wept. Juror six told the
- 19:16Speaker 1: Dallas Morning News, I don't want him out in society
- 19:20Speaker 1: because I don't want him to grab my Ashley or
- 19:23Speaker 1: your Ashley. After the sentencing, Diana Estelle told the media
- 19:28Speaker 1: she was relieved because Blair will never hurt anyone else again.
- 19:33Speaker 1: While that was and continues to be true, it is
- 19:37Speaker 1: not because the state of Texas followed brough with the
- 19:40Speaker 1: execution of Michael Nawie Blair. In fact, his conviction for
- 19:46Speaker 1: the abduction and murder of seven year old Ashley Estelle
- 19:49Speaker 1: didn't stick. While on death row, Blair continued to insist
- 20:06Speaker 1: he was innocent of Ashley's murder, but, much to Jock
- 20:10Speaker 1: Hilburn of d Magazine's surprise, he admitted to having sexually
- 20:15Speaker 1: abused children on many occasions. In June of two thousand
- 20:20Speaker 1: and one, the Reporter published an article titled did this
- 20:24Speaker 1: creep Really Kill Ashley Estelle? In it, Hilburn describes meeting
- 20:30Speaker 1: and exchanging extensive letters with Blair, where he revealed extremely
- 20:35Speaker 1: disturbing details about his sexual assaults and rapes of more
- 20:39Speaker 1: than a dozen children, including both boys and girls. The
- 20:44Speaker 1: article states that, by his own accounts, Blair is a
- 20:48Speaker 1: serial child rapist. In a stomach turning moment, when Hilburn
- 20:53Speaker 1: visited Blair in prison, the child rapist showed the reporter
- 20:58Speaker 1: photos he kept of some of the kids he assaulted
- 21:02Speaker 1: while still on death row. In two thousand and three,
- 21:05Speaker 1: Blair wrote to the district Court and confessed to specific
- 21:09Speaker 1: cases of child molestation. This led to an investigation and
- 21:14Speaker 1: for additional indictments against him for indecency with the child
- 21:18Speaker 1: committed in nineteen ninety two and nineteen ninety three. Michael
- 21:24Speaker 1: Blair pled guilty to the counts in June of two
- 21:26Speaker 1: thousand and four and was given three life sentences. Even
- 21:32Speaker 1: before Blair confessed to and was found guilty of these
- 21:36Speaker 1: additional sexual assaults, the evidence against him for Ashley Estell's
- 21:41Speaker 1: murder began to fall apart, and his attorneys began to
- 21:44Speaker 1: push for a new trial. In June of two thousand,
- 21:48Speaker 1: an independent lab tested the hairs that the prosecution presented
- 21:52Speaker 1: as proof of Blair's guilt. The lab found that, contrary
- 21:58Speaker 1: to the testimony of forensic consulting doctor Charles Lynch, the
- 22:02Speaker 1: hair in Blair's car did not match Ashley's, and a
- 22:05Speaker 1: second hair that was used in the trial could not
- 22:08Speaker 1: have originated from Ashley Blair or any of their maternal relatives.
- 22:14Speaker 1: The emergence of forensic DNA analysis was creating problems for
- 22:19Speaker 1: hair and fiber identification experts as it began to reveal
- 22:23Speaker 1: that the science was an inexact procedure. To be sure,
- 22:28Speaker 1: or to be a bit more blunt, the procedures are
- 22:31Speaker 1: considered nothing short of junk science. Doctor Charles Lynch blamed
- 22:37Speaker 1: the prosecution for over selling the results of the analysis
- 22:41Speaker 1: to the jury, and he was right. Trial transcripts revealed
- 22:46Speaker 1: that prosecutors, specifically Colin County Assistant District Attorney Brian Clayton,
- 22:52Speaker 1: were using language that suggested the hair and fiber analyzes
- 22:56Speaker 1: were a sure thing exact matches, while doctor Lynch used
- 23:01Speaker 1: language that suggested the evidence was similar but by no
- 23:06Speaker 1: means said that it was an indisputable fact that they matched,
- 23:11Speaker 1: but its stirring up controversy that usually gets the media
- 23:15Speaker 1: and public's attention, and attorneys working Michael Blair's appeal certainly
- 23:20Speaker 1: unearthed just that. In a series of articles published in
- 23:24Speaker 1: the Dallas Morning News in May of two thousand, it
- 23:28Speaker 1: was revealed that shortly before Blair's trial, the prosecution's star
- 23:32Speaker 1: forensic expert, doctor Charles Lynch, had checked himself into a
- 23:36Speaker 1: psychiatric hospital for clinical depression and alcoholism. Prosecutors had actually
- 23:43Speaker 1: temporarily gotten Lynch released from the hospital in order to testify,
- 23:48Speaker 1: and none of this was disclosed to the defense. During
- 23:51Speaker 1: the course of the trial, Doctor Lynch had also filed
- 23:56Speaker 1: a grievance against his former employer, the Southwestern Instant of
- 24:00Speaker 1: Forensic Sciences, and in this grievance he had actually questioned
- 24:05Speaker 1: his own qualifications as a blood spatter and hair identification analyst.
- 24:11Speaker 1: In response to these articles, Lynch insisted that his problems
- 24:15Speaker 1: did not affect his trustworthiness as an expert witness, but understandably,
- 24:20Speaker 1: considering crime scene technician Daniel Rhodes's allegations that he was
- 24:25Speaker 1: ordered to destroy his original report that might have shown
- 24:29Speaker 1: the evidence was compromised and the following facts, Blair's attorneys disagreed. They,
- 24:37Speaker 1: along with the help of the Innocence Project of Texas,
- 24:40Speaker 1: pushed for DNA testing on traces of blood and tissue
- 24:44Speaker 1: underneath Ashley's fingernails that Blair's attorneys believed may match the
- 24:48Speaker 1: soccer referee and convicted child molester, who had largely been
- 24:53Speaker 1: overlooked as a suspect. Colin County initially fought Blair's quest
- 24:58Speaker 1: for a new trial and DNA testing, but they eventually conceded,
- 25:03Speaker 1: and in two thousand and six, DNA testing was completed
- 25:07Speaker 1: and submitted to a district court. This testing showed that
- 25:12Speaker 1: the tissue under Ashley's fingernails and DNA found on her
- 25:16Speaker 1: shoes and shirt did not come from Michael Naui Blair,
- 25:21Speaker 1: but much to the surprise of his defense attorneys, it
- 25:24Speaker 1: also did not match the soccer referee. In light of
- 25:28Speaker 1: this new evidence, in November of two thousand and six,
- 25:32Speaker 1: investigators reopened the case, assigning it to the Collin County
- 25:37Speaker 1: District Attorney's Office Cold Case Unit, and they began reinterviewing witnesses.
- 25:43Speaker 1: Michael Blair was granted a new trial in June of
- 25:46Speaker 1: two thousand and eight, but by August of that year,
- 25:49Speaker 1: the Collin County District Attorney's Office chose to overturn the
- 25:53Speaker 1: guilty verdict because of quote DNA testing and disproved certain
- 25:58Speaker 1: trial evidence, and because of other post trial developments. There
- 26:03Speaker 1: were many many problems besides the junk forensic sciences used
- 26:08Speaker 1: in court to convict him. For one, Blair's two roommates
- 26:12Speaker 1: and one of their girlfriends testified that Blair was asleep
- 26:16Speaker 1: at his apartment the afternoon and evening that the crime
- 26:19Speaker 1: took place. The defense also, of course, introduced the alternative suspect,
- 26:25Speaker 1: the soccer referee with a criminal history of sexually abusing
- 26:29Speaker 1: children and who invoked his Fifth Amendment rights against self
- 26:34Speaker 1: incrimination rather than talk about Ashley's murder. Though again his
- 26:39Speaker 1: DNA did not match any found under Ashley's fingernails. Still,
- 26:45Speaker 1: Plano police excluded him due to the fact that he
- 26:48Speaker 1: was known to sexually abuse boys, not girls. There was
- 26:54Speaker 1: also a huge problem with the prosecution's witnesses, who had
- 26:58Speaker 1: testified to seeing my Michael Blair both at Carpenter Park
- 27:02Speaker 1: from which Ashley was abducted and at the scene where
- 27:06Speaker 1: her body was found. Blair's defense team argued that these
- 27:11Speaker 1: witnesses memories had been influenced by the intense and inescapable
- 27:16Speaker 1: media coverage of the case, and also the tactics the
- 27:20Speaker 1: cops used as they sought positive identification of Blair. Only
- 27:24Speaker 1: backed up that notion. They gave descriptions to a police
- 27:29Speaker 1: sketch artist after Blair's photo had already been distributed to
- 27:33Speaker 1: the public via media sources. In fact, all of these
- 27:37Speaker 1: witnesses had already seen the suspect's image before identifying him
- 27:42Speaker 1: in a photographic line up. The police failed to provide
- 27:46Speaker 1: a lineup that did not include Blair, and while his
- 27:50Speaker 1: picture was included, failed to tell potential witnesses that their
- 27:55Speaker 1: suspect's photo might not necessarily be included in the line up.
- 28:02Speaker 1: After the conviction was thrown out, Blair was removed from
- 28:06Speaker 1: death row, but stayed in prison in general population due
- 28:10Speaker 1: to his subsequent guilty pleas and convictions for indecency with
- 28:14Speaker 1: a child, three of them. He attempted to claim one
- 28:19Speaker 1: million dollars in wrongful conviction compensation, but was denied because
- 28:24Speaker 1: the purpose of compensation is to help released inmates rebuild
- 28:28Speaker 1: their lives and reintegrate into society. But luckily, Blair will
- 28:33Speaker 1: remain in prison for the rest of his life. Tim Wyatt,
- 28:38Speaker 1: Collin County spokesman, said the District Attorney's office had re
- 28:42Speaker 1: labeled Ashley Estelle's murder as a cold case, and whatever
- 28:46Speaker 1: semblance of justice that Blair's conviction for the murder of
- 28:49Speaker 1: their daughter might have given Diana and Richard Aestelle was
- 28:53Speaker 1: stripped from them. Despite this new and cruel reality, Ashley
- 28:59Speaker 1: left a lectionlegacy that continues to help other children. Not
- 29:03Speaker 1: long after Blair's arrest, Texas State Senator Florence Shapiro pushed
- 29:08Speaker 1: for a series of laws that would enforce stricter rules
- 29:12Speaker 1: for child sex offenders. Signed into law by then Texas
- 29:17Speaker 1: Governor George W. Bush in nineteen ninety five, Shapiro labeled
- 29:22Speaker 1: the package of laws Ashley's Laws, in honor of Ashley Estelle.
- 29:28Speaker 1: The laws required sex offender registration and public notification after
- 29:33Speaker 1: release from prison, required notification to school districts in the
- 29:38Speaker 1: area they move, established child safety zones so that sex
- 29:43Speaker 1: offenders could not go within certain distances of schools and parks,
- 29:48Speaker 1: established automatic life sentences for repeat child molesters, and required
- 29:54Speaker 1: victim notification if the offender was released on probation or
- 29:59Speaker 1: escaped from prison, among other things. While it would appear
- 30:04Speaker 1: Ashley's Laws are not always followed as strictly and to
- 30:08Speaker 1: a tee, as such laws are required to be followed
- 30:11Speaker 1: due to the seemingly endless failings of the Texas justice system,
- 30:16Speaker 1: they became a model for the entire nation as Senator
- 30:20Speaker 1: Shapiro met with lawmakers from other states and with the
- 30:23Speaker 1: FBI as they looked to establish a national sex offender registry.
- 30:42Speaker 1: In early two thousand and nine, investigators for the Collin
- 30:45Speaker 1: County DA's Cold Case unit revealed another man, now deceased,
- 30:50Speaker 1: as a plausible suspect in Ashley's death. Court papers identified
- 30:55Speaker 1: the man only as Suspect Number four and stated that
- 30:59Speaker 1: he had not been a target of police during the
- 31:02Speaker 1: initial investigation. At some point, this man was detained by
- 31:07Speaker 1: police while at a soccer field watching children. He also
- 31:11Speaker 1: joined Ashley's church, moved to an apartment near her school
- 31:16Speaker 1: and home, and even resembled Michael Nawie Blair. Suspect Number
- 31:22Speaker 1: four recorded the episode of America's Most Wanted that featured
- 31:26Speaker 1: Ashley's case and had raw news footage pertaining to the
- 31:30Speaker 1: abduction and murder. He also oddly told people that he
- 31:34Speaker 1: had a child who was abducted from a park, killed
- 31:38Speaker 1: and dumped on a gravel road, which was not true.
- 31:42Speaker 1: This man practiced autoerotic asphyxiation, a haunting fact since Ashley
- 31:48Speaker 1: Estelle's cause of death was strangulation. By all accounts, he
- 31:53Speaker 1: was obsessed with Ashley Estelle and seems like a very
- 31:57Speaker 1: likely suspect in her abduction in n murder, but authorities
- 32:02Speaker 1: did not have enough certainty to release his name and
- 32:05Speaker 1: close the case. Not only could they not place him
- 32:09Speaker 1: in the Dallas Fort Worth area when the unforgivable crime occurred,
- 32:14Speaker 1: but his DNA was also excluded as being a contributor
- 32:18Speaker 1: to that found under Ashley's fingernails and the hair evidence
- 32:22Speaker 1: collected at the scene. However, Suspect number four could not
- 32:27Speaker 1: be excluded as the male DNA profile lifted off Ashley's
- 32:32Speaker 1: right shoe. This person not only exhibited suspicious activity after
- 32:38Speaker 1: the murder, much as mister Blair did, but this person
- 32:41Speaker 1: cannot be scientifically excluded as a contributor to a piece
- 32:45Speaker 1: of DNA evidence in the case. Colin County District Attorney
- 32:49Speaker 1: John Roach said in two thousand and eight, adding, Unfortunately,
- 32:54Speaker 1: despite strenuous efforts, the team has been unable to eliminate
- 32:58Speaker 1: or conclusively connect this person to the offense. One of
- 33:03Speaker 1: Michael Blair's appeal attorneys called suspect number four the best possibility.
- 33:10Speaker 1: This man, however, will never be convicted if he is
- 33:13Speaker 1: indeed responsible. In another sick twist, Suspect number four bought
- 33:19Speaker 1: a burial plot for himself as close as he possibly
- 33:23Speaker 1: could to Ashley. Estelle's grave. It was never clearly reported
- 33:29Speaker 1: if he was indeed buried there without Suspect number four's name,
- 33:34Speaker 1: we cannot state that for a fact. However, by all
- 33:38Speaker 1: indications in the poorly worded articles we found, it appears
- 33:43Speaker 1: as though he was buried there. It is also not
- 33:48Speaker 1: clear if another suspect has been completely eliminated, the alternative
- 33:53Speaker 1: suspect that Michael Nawie Blair's defense team brought up at trial.
- 33:57Speaker 1: The soccer referee is named Matthew Patrick Frontera or Patrick
- 34:03Speaker 1: Matthew Foster or josh Crowley or Matthew Colin, Derek John Foster,
- 34:10Speaker 1: maybe Joshua Foster, or perhaps another of the dozen or
- 34:15Speaker 1: so aliases this convicted child rapist used. He used just
- 34:20Speaker 1: as many social security numbers and dates of birth. Frontera, anyway,
- 34:26Speaker 1: was officiating three soccer matches at Carpenter Park the day
- 34:30Speaker 1: Ashley disappeared from there. In nineteen ninety one, he was
- 34:35Speaker 1: convicted for a sex offense against a child in Greenville,
- 34:39Speaker 1: South Carolina. After serving eighty days, his tenure sentence was
- 34:44Speaker 1: suspended for unknown reasons, and he was instead given five
- 34:48Speaker 1: years probation that was revoked in nineteen ninety two, warrants
- 34:53Speaker 1: were issued for his arrest, and in June of that year,
- 34:57Speaker 1: he was ordered to serve a single year of his
- 35:00Speaker 1: original ten year sentence. In July nineteen ninety three, not
- 35:05Speaker 1: long after getting out of the slammer, FRONTA was right
- 35:08Speaker 1: back at it with the help of authorities who should
- 35:11Speaker 1: not be authorities. An Arkansas judge granted Frontera a permit
- 35:17Speaker 1: to travel to Amarillo, Texas as a case concerning him
- 35:20Speaker 1: there was being resolved charges that he was ultimately never
- 35:24Speaker 1: prosecuted for, and included the sexual abuse of three separate
- 35:29Speaker 1: child victims in one week, according to crimean Charlotte dot com.
- 35:35Speaker 1: Of course, Frontara was officiating a game next to the
- 35:39Speaker 1: game Ashley Estelle's brother was competing. In the day following
- 35:44Speaker 1: the discovery of Ashley's body, the child rapist was reported
- 35:48Speaker 1: as suspicious by a soccer league in nearby Farmers Branch,
- 35:52Speaker 1: a small city to Plano's southwest. Police and Farmers Branch
- 35:58Speaker 1: alerted detectives in Plano that were investigating Ashley Estell's abduction
- 36:03Speaker 1: and murder. Youth soccer league officials in both towns were
- 36:07Speaker 1: appalled as he had used an alias to get close
- 36:11Speaker 1: to the kids, calling himself Josh Crowley, among other deceptive methods,
- 36:17Speaker 1: and the cops sprung into action to investigate Frontera. According
- 36:23Speaker 1: to the Dallas Morning News. When this news leaked to
- 36:26Speaker 1: the public, the rumor mill regurgitated the information incorrectly, as
- 36:31Speaker 1: rumor mills most often do, and by word of mouth,
- 36:35Speaker 1: it was spread that police had identified up to twenty
- 36:38Speaker 1: five convicted child molesters from the photographs and videos parents
- 36:43Speaker 1: had turned over. That simply was not true, Plano Police
- 36:48Speaker 1: Chief Bruce Glascock said, while also taking the opportunity to
- 36:53Speaker 1: reiterate to parents that such offenders might damn well be
- 36:57Speaker 1: attracted to any event where large no members of children gather.
- 37:02Speaker 1: After attempting to question Matthew Patrick Fronterra in the original investigation,
- 37:08Speaker 1: when he pleaded his Fifth Amendment rights to remain silent
- 37:12Speaker 1: about Ashley's case, Plano police decided he wasn't their guy,
- 37:17Speaker 1: mostly because his victims were all boys. He was released
- 37:22Speaker 1: to the custody of Potter County, Texas officials, where he
- 37:26Speaker 1: was to face a probation violation for a theft conviction.
- 37:31Speaker 1: You might think one of the many state judicial systems
- 37:34Speaker 1: finally through the book at Fronterra for his serial sexual
- 37:37Speaker 1: abuse of pre pubescent and early pubescent boys. But since
- 37:42Speaker 1: his run in with the Plano police as a suspect
- 37:45Speaker 1: in Ashley Estell's murder Frontara continues to travel the country
- 37:50Speaker 1: using different aliases and dodging sex offender state registries. He's
- 37:55Speaker 1: been caught with child pornography on his computers and other device,
- 38:00Speaker 1: encrypted some images so well that the cops couldn't get
- 38:04Speaker 1: into them, and been sent to prison for two years
- 38:07Speaker 1: on another Arkansas child sexual abuse case. Even considering the
- 38:15Speaker 1: identification of such seemingly strong suspects, both Matthew Patrick Fronterra
- 38:21Speaker 1: and Suspect Number four, the original suspect is hardly off
- 38:26Speaker 1: the hook in the minds of Plano police detectives and
- 38:29Speaker 1: Colin County DIA's Office investigators, and justifiably so. Here's the thing,
- 38:37Speaker 1: Michael Nawie Blair is a liar. Colin County Prosecutor Brian
- 38:42Speaker 1: Clayton did get one thing right in the original trial.
- 38:47Speaker 1: While I would be far less polite in my chosen
- 38:50Speaker 1: description of this man, Blair is, as Clayton put it,
- 38:54Speaker 1: a subterranean troll. His admittance and guilty pleas to the
- 38:59Speaker 1: sexual abuse use of children, both girls and boys, is
- 39:03Speaker 1: disingenuous in its likely scope. Blair told the magazine's Jacques
- 39:09Speaker 1: Hilburn that his victims, who he said at the time
- 39:12Speaker 1: were all still living, were either relatives or children of
- 39:16Speaker 1: his associates. As the child rapist phrased it. By all indications,
- 39:22Speaker 1: here's where Blair is being disingenuous. Found in his vehicle
- 39:27Speaker 1: were stuffed animals, along stemmed rows, binoculars, and an oatmeal
- 39:32Speaker 1: box wrapped with paper and filled with candy, among other things.
- 39:38Speaker 1: These items suggest that he lured children to him, which
- 39:42Speaker 1: further suggests that he had victims that he did not
- 39:46Speaker 1: know at all, Though evidence was surely not sufficient to
- 39:51Speaker 1: warrant a guilty verdict, which the Collin County District Attorney
- 39:55Speaker 1: fully admitted to in two thousand and six and again
- 39:58Speaker 1: in two thousand and eight, by no means excludes Michael
- 40:02Speaker 1: Nawie Blair as a suspect in Ashley's murder. Then Texas
- 40:07Speaker 1: State Senator and former Plaino Mayor Florence Shapiro is also
- 40:12Speaker 1: not convinced of Blair's innocence. She told the Plano Star
- 40:17Speaker 1: Courier in two thousand and eight that although Blair got relief,
- 40:21Speaker 1: she was not convinced he did not do it. She
- 40:24Speaker 1: said that everyone wants to know who took the life
- 40:27Speaker 1: of that innocent child, and if it's not Michael Blair,
- 40:31Speaker 1: they intended to find clues and bring someone to justice.
- 40:36Speaker 1: The murder is still considered to be unsolved, has long
- 40:40Speaker 1: gone cold, and it is unclear if there are plans
- 40:43Speaker 1: to retest evidence using current forensic methods such as forensic
- 40:48Speaker 1: genetic genealogy. Ashley Estelle's lasting memory goes far beyond the
- 40:55Speaker 1: state and federal laws established in her name. WFAA Channel
- 41:01Speaker 1: eight reported in October of two thousand and nine that
- 41:04Speaker 1: the Collin County Advocacy Center, which serves children victimized by
- 41:09Speaker 1: abuse or neglect free of charge, had established a fountain
- 41:14Speaker 1: and cabin in Ashley's honor. Sixteen years after the abduction
- 41:19Speaker 1: and murder of Ashley Estell, her spirit was captured and
- 41:23Speaker 1: kept alive through the publication of a book she wrote
- 41:27Speaker 1: before her murder while in the first grade. The book
- 41:31Speaker 1: was published and kept in Ashley's haven at the center.
- 41:35Speaker 1: In the book, Ashley wrote, my name is Ashley and
- 41:39Speaker 1: I have pretty brown hair. I love bubble baths, chocolate cake,
- 41:44Speaker 1: and macaroni and cheese. Ashley's mother told WFAA that those
- 41:50Speaker 1: words were a bright light that helped her deal with
- 41:53Speaker 1: the loss, and that her greatest fear had been that
- 41:55Speaker 1: Ashley would be forgotten. More than fifty witness interviews, five
- 42:02Speaker 1: thousand hours of manpower and almost fifty thousand dollars spent
- 42:07Speaker 1: on the cold case unit's investigation alone, and likely close
- 42:12Speaker 1: to that much time at least on the initial investigation,
- 42:16Speaker 1: Ashley's killer remains elusive. Now, Ashley's memory lives on and
- 42:21Speaker 1: serves to prevent other children from facing what she went
- 42:25Speaker 1: through and to help those who have survived abuse. Her
- 42:29Speaker 1: case was incredibly well known during the investigation and trial
- 42:34Speaker 1: of Michael Nawie Blair, while the coverage the case received
- 42:38Speaker 1: paled in comparison to one that would take place less
- 42:42Speaker 1: than two and a half years later, the kidnapping and
- 42:45Speaker 1: killing of nine year old Amber Hagerman. Media concerning the
- 42:49Speaker 1: disappearance murder case that occurred less than two months before
- 42:52Speaker 1: Ashley's came to a complete stop almost immediately upon her
- 42:57Speaker 1: violent death. Next time on Gone Cold the murder of
- 43:02Speaker 1: eight year old kem Nohen. If you have any information
- 43:07Speaker 1: about the abduction and murder of Ashley Nicole Estelle, please
- 43:12Speaker 1: contact Texas Crime Stoppers by calling seven to one three
- 43:16Speaker 1: two two two tips. That's seven one three two two
- 43:21Speaker 1: two eight four seven seven. You can remain completely anonymous
- 43:28Speaker 1: if you have not already. Look for Gone Cold on Instagram, Facebook,
- 43:33Speaker 1: and Twitter by searching Gone Cold and looking for the
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- 43:58Speaker 1: I've got just the thing. Leaving us a five star
- 44:02Speaker 1: rating and written review on iTunes particularly helps Gone Cold's visibility.
- 44:08Speaker 1: The more folks who find us and listen, the greater
- 44:11Speaker 1: chance someone with information about a case here's the show
- 44:14Speaker 1: and comes forward with what they know. Every little bit helps,
- 44:19Speaker 1: and we appreciate y'all support immensely, however you choose to
- 44:22Speaker 1: give it. Sources for this episode can be found in
- 44:27Speaker 1: the episode's show notes. Thanks for listening, y'all,