Latest / Shades of Murder / 56: Two Graves and A Diary - Thrill Killer Alyssa Bustamante part I

Transcript

56: Two Graves and A Diary - Thrill Killer Alyssa Bustamante part I · Shades of Murder

0:01
In the small town of Saint Martin's, Missouri, when a nine
0:05
year old girl vanishes, an entire community comes together
0:09
to search for her. While investigators combed
0:11
through the vast woods where it was believed she was last seen,
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they discovered two small graves.
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The disturbing words found inside a teenager's diary would
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lead homicide detectives to a shocking and very unusual
0:29
suspect. Who was this innocent young
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victim, and what kind of monster had lured her into the woods to
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die? Hello and welcome to Shades of
1:11
Murder. In this podcast, I discuss tales
1:15
of murder from around the world and throughout history,
1:19
attempting to unravel the layers of darkness, the hell make
1:24
humans and the monsters. This is a special warning for
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anyone who may be extra sensitive to crimes against
1:34
children. This episode is a tough one and
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listener discretion is strongly advised.
1:45
On the evening of October 21st, 2009, nine year old Elizabeth
1:49
Olton never returned home. When the little girl failed to
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show up for dinner as she had promised after going out to play
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with her friend, her mother knew something was terribly wrong.
2:03
Elizabeth always made sure to be home before dark because she was
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terrified of the night, especially the woods, which was
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right near her residence. She called the police at 7:00 PM
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to report her child missing. Elizabeth had her cell phone on
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her, but she was not answering. Law enforcement contacted the
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cell phone carrier and requested an emergency ping, which
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collects the signals generated from the phone by the nearest
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cell tower. All of the pings were centered
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around the area of the woods. Law enforcement officers and
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hundreds of volunteers scoured every.
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Inch of the dense forest land near the house.
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They promptly set up checkpoints for anyone driving to or from
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the area. Planes and helicopters searched
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the immense woods. They launched dog rescue and
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recovery teams. Divers searched the ponds and
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nearby rivers. But neither the little girl.
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Nor her phone was found. They launched dog rescue and
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recovery teams. Divers searched the ponds and
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nearby rivers, but neither the little girl nor her phone was
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found. Every local registered sex
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offender was tracked down and interviewed, but no one was a
3:22
suspect in this innocent child's disappearance.
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Law enforcement was lost on who could have taken little
3:30
Elizabeth and why. Then Detective Rice remembered
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the last person who was seen with her, her six year old
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friend Emma Bustamante. When interviewed by the FBI, 6
3:43
year old Emma told him that she was playing with her and about
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an hour later Elizabeth walked home.
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Then Emma was outside playing and she got stuck in some thorn
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bushes. This is when she began to scream
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and cry out for her older sister Alyssa to come help her.
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The following day, officers interviewed everyone in the
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neighborhood, but one of the kids wasn't around, 15 year old
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Alyssa Bustamante, whose sister Emma was the last one to have
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been seen with Elizabeth before she went missing.
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The two girls have been playing together that day.
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Emma had arrived unexpectedly at their house around 5:00 PM,
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asking to see if Elizabeth could come outside and play.
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Her mother told the police that Elizabeth had been practicing
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her lines and singing songs for a play.
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She was just about to make dinner when the doorbell rang
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and it was their neighbor Emma. She didn't really want her
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daughter to go, but both girls were jumping up and down all
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excited to go hang out together, so she let her go.
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But insisted that she'd be home for dinner by 6.
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Then Anthony, one of Elizabeth's brothers, told his mom that when
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he was playing with Alyssa's twin brothers that day, he heard
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Alyssa say to Emma, don't tell anyone.
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When investigators called the high school, they were informed
5:04
that Alyssa Bustamante was not at school that day.
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Busters realized they had to find the teenager.
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When officers first talked to Alyssa Bustamante, she was
5:15
honest with them and admitted that she had skipped school that
5:18
day. She swore, though, that she had
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no idea what happened to Elizabeth.
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The girl was calm, open, and seemed to be honest, so they
5:26
didn't give her much more thought.
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At the time. Mark Richardson, prosecuting
5:30
attorney of Cole County, Missouri, stated that she was
5:33
not and should not be considered a suspect.
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Then, as local volunteers began exploring the woods behind
5:42
Bustamante's residence, they came across something very
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bizarre. To them, it looked like an open
5:51
grave. Detectives were called in to
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process the scene the whole for anything that may lead them to
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Elizabeth, but they couldn't find her or her phone.
6:02
Around 3:00 or 4:00 PM that same day, investigators arrived at
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Alyssa Bustamante's residence, which was her grandparents home.
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They were welcomed in by her grandmother, Karen Brooke, who
6:14
gave them consent to search the house, including Alyssa's room.
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Officers found shovels in the garage that had fresh mud on
6:23
them. They also located muddy jeans
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and clothing that appeared to have droplets of dried blood.
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The items were tested and the blood was later identified as
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belonging to 15 year old Alyssa Bustamante.
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Agent Tricia Gentry of the FBI evidence team opened Alyssa's
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bedroom. The room was a bit unsettling.
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Alyssa was known to be gothic and a little punk so they
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expected as much from her decor, but what was on the wall was
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much darker then just some typical Moody teens room.
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There were drawings, notes stuck to the wall and handwritten
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words, some of which appeared to have been written in blood.
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There was also a poem about cutting, which is the form of
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self injury using a blade or a knife.
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On the opposite wall was a sketch of a person.
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There were slashings made across the head and the arm.
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The picture was titled Emma. Cards and letters from a state
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correctional institute were also taped to the wall.
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They were from her father, then Agent Gentry found Alyssa's
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diary hidden underneath a blanket.
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There were some writings of concern, but when she came
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across the last entry, she was silenced by the words she saw.
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It was dated October 21st 2009 and was mainly crossed over in
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blue ink. However, 3 words were so
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legible, throat slit and killed. Then at the end of the entry was
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a sentence that was partially untouched.
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It's said now I've got to go to church lol.
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In her hands laid what could be. A confession to murder.
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They brought in Alyssa Bustamante for a formal
8:21
interview the following morning. Inside the small police room
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with her was her guardian Karen Brooke and juvenile officer Toby
8:30
Meyer, along with head Detective Rice.
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The video of her then not publicly released interrogation
8:36
and subsequent confession is chilling on many levels over the
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two hours that she's interrogated.
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Elisa Bustamante is so calm, composed and personable both
8:52
with the detective and juvenile officer.
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She talks openly about how she enjoys digging holes to bury
8:59
dead animals in and that she dug the 2 graves they found.
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She weaves in and out of the details of the day without any
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visible signs of stress, anxiety, or fear.
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This is when she displays true signs of being a psychopath.
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Elisa Bustamante chats up both this seasoned detective and
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juvenile officer, casually discussing the events of the
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day. Detective Rice attempts several
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times to trip her up, but she appears unshaken.
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That is until he brings up her diary.
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During the interrogation, the grandmother openly admits to
9:43
have read parts of this diary he mentions, which Alyssa reacts to
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in anger, knowing that her privacy was violated when the
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detective tells her that they have her diary and they have
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read it all, including her most recent entry.
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Several minutes pass in the video as Alyssa Bustamante and
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Detective Rice proceed to share what can only be called a stare
10:11
down with one another. Then the detective tells her.
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We know something happened to Elizabeth and you need to let us
10:19
know. And if it was an accident, then
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we can deal with that, but we need to know.
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Alyssa finally breaks, feigning tears, sniffling through her
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admission that she accidentally killed the little.
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Girl A telltale sign of psychopathy is when an
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individual emulates emotions based on what they know is
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expected of them. Alyssa claimed they.
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Were messing around and she fell and died and she panicked.
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But when the detective addresses how an autopsy will be performed
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and any injuries. Will be revealed, Alyssa
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replies. Yes.
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When he asks her if the girl's throat was cut, her grandmother
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lets out a horrifying shriek at hearing this horrendous one word
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and almost collapses, sliding off her chair before continuing.
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Officers lead her grandmother out of the room because she just
11:17
can't take hearing this anymore. Alyssa Boussemante claims that
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she came up from behind Elizabeth, cutting her throat,
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stabbing her twice with a knife. She said that she burned the
11:30
body and pushed the remains into the Creek.
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She swears that the grave was dug after killing Elizabeth.
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During the interrogation, Detective Rice keeps inquiring
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about her protecting someone or whether she had an accomplice in
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the crime. He first entertains the thought
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that her boyfriend was involved, or at least knew about what she
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had done. Alyssa fervently denies that
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anyone other than herself committed the crime and that no
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one knew about what she had done.
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Then Detective Rice keeps prodding her, pushing her,
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beginning to paint the story of how he knows her grandfather
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loves her so much and would do anything to help her, implying
12:15
that he helped move the body and bury Elizabeth again.
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Alyssa states that no one except for her was involved in the
12:23
murder and concealment of the corpse.
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According to court documents that were released after her
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sentencing, her boyfriend was interviewed excessively by the
12:33
FBI and the State Highway Patrol over 7 days.
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He was talked to 8 different times because officers were
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convinced that he must know something since she had skipped
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school that day after murdering Elizabeth and spent it with him
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at his house. According to her boyfriend, the
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only thing Alyssa had told him was that Emma's younger friend
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was missing and that officers had searched her house.
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He did admit to finding a box cutter or a black knife in
13:06
Alyssa's backpack, but it was determined that it was not the
13:10
weapon used in the killing since it was significantly smaller.
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A court motion was filed to block the boy from from being
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called. To testify at her trial.
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It was later revealed that he had submitted.
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To a polygraph test which he failed but was never.
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Charged with any crime as. Most of us are aware polygraphs
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are notoriously unreliable and failing.
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It was likely indicative of his nerves, in fact, later when FBI
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interviewed her boyfriend. He was.
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So shocked and repulsed by the killing that he became violently
13:44
ill and threw up. During the interrogation video,
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when the detective inquires as to why Elizabeth was her chosen
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victim, Alyssa said there was no particular reason why except for
13:59
her being in close proximity. Then Officer Rice said was it
14:04
just because you wanted to know how it felt to kill someone?
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To which Alyssa answers, yeah, I guess I found this specific part
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of the interrogation to be highly manipulative.
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Across almost all media sources, it states that Alyssa Bustamante
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just wanted to know how it felt to kill someone, but during the
14:24
interrogation, she never offered up that statement herself.
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I am not saying that it wasn't the primary reason why she did
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what she did, but the detective feeding her this statement was
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further evidence of the lack of integrity exhibited throughout
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the interrogation. This young killer's confession
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is chilling on so many levels. According to the offender, the
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following sequence of events is believed to have occurred on
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October 21st, 2009. Alyssa had found her target.
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It had been a good four days since she had dug the graves.
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Fired into the forest on a day off from school, she had sent
15:10
her. Little sister Emma over to her
15:12
friend Elizabeth's house. To invite her out to play.
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Then when Elizabeth was heading. Home, she asked Emma to call her
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to return for some unknown reason.
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Even though there was a 2. Lane Highway, The cross between
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her and Emma's house. Elizabeth Olton took a shortcut
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that day. Through the woods, Alyssa was.
15:34
Waiting for her, there she was, little Elizabeth Olton in her
15:40
pink T-shirt. Alyssa grabbed her hand and told
15:43
the girl. I've got something really neat
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to show you. It's just a little bit further
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up here. The 2 girls walked deep into the
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forest and up a hill. They had walked about 1/4 mile
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when Alyssa had her stop in front of the dug hole.
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She reached out and locked her hands around the young girl's
16:05
neck, strangling her. Elizabeth could no longer
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breathe and as she began to lose consciousness, Alyssa unzipped
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her backpack and pulled out the knife she had taken from the
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kitchen. She plunged the large blade deep
16:21
into the small girl's chest. She pulled it out and stabbed
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her over and over again about six or seven times.
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Then Alyssa slit her throat, watching as the blood pulled her
16:35
on her feet and on to the floor of the woods.
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Alyssa dragged her by the feet to the spot of the graves.
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She tossed the child's body into the grave and threw some leaves
16:48
and dirt on top to conceal it. Alyssa then left the woods and
16:54
returned home. She had a church dance that
16:57
night. While getting ready, she wrote
16:59
in her diary what she had done and how it had made her feel.
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Her grandmother and guardian Karen Brooke later told the
17:08
court how Alyssa seemed especially happy that night.
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After Alyssa Bustamante confessed to killing Elizabeth
17:17
Olton, she led the police to the body.
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Deep in the woods lay the two dug graves.
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Detectives could see that the child's body was buried under
17:30
only a few inches of dirt. Her throat and wrists were
17:36
visibly slashed and her chest had several stab wounds.
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The cell phone they have been tracing was tucked inside the
17:45
girl's pants. Licensed pathologist, physician
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and surgeon Chris Stacy described the specific wounds
17:53
and injuries found on the victim.
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The autopsy revealed that the official cause of death was by
17:58
strangulation and sharp forced injury.
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The victim was strangled from anywhere between 30 seconds to
18:06
one minute. In his official report, he noted
18:09
how the stab. Wounds were irregular, not
18:12
precise or controlled. It was as if the victim or the
18:16
offender holding the knife had been moving around.
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Once detectives began to delve deeper into Alyssa Bustamante's
18:25
social media presence, they were exposed to the mind of a
18:29
demented, twisted teenage girl in some of her pictures on
18:33
Facebook. Her.
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Eyes are painted in heavy. Black kabuki style makeup and
18:39
her lips are smeared with blood red lipstick.
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She stares at the camera gritting her teeth or pouting
18:46
sexily. Her YouTube account name was
18:49
Akamakaji, which is Japanese for Wolf Shadow.
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On her Myspace page it lists her hobbies as cutting and killing
18:57
people. There was a photograph of Alyssa
19:00
wielding a knife to another girl's throat and a video with
19:05
her younger twin brothers where she is seen encouraging them to
19:09
touch an electric kettle fence. The girl looks menacingly at the
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camera and says this is where it gets good.
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This is where my brothers get hurt.
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Alyssa Bustamante was initially held in juvenile custody, but
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the calculated depravity of her crimes would soon change this.
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In November 2009, Cole County Juvenile Officer requested that
19:34
juvenile jurisdiction over her be relinquished and Alysssa be
19:38
transferred to the state for criminal prosecution.
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At the hearing for Alyssa Bustamante to be transferred to
19:44
a door court, evidence against her was presented.
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It was determined and I quote. The nature of the crime charge
19:52
was serious, vicious, violent and forceful and resulted in the
19:56
death of a nine year old child and therefore the juvenile court
20:01
gave up jurisdiction over her crimes.
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Her trial date was set for January 26th 2012.
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The age in which a juvenile can be transferred to adult or
20:12
Criminal Court varies from state to state and Missouri.
20:16
An individual has to be 12 years old at the time of the offence.
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To be prosecuted for murder, Alyssa Bustamante was charged
20:24
with first degree murder and armed criminal action, the
20:27
latter charge having resulted from her use of a knife to slit
20:31
her victim's throat and stab her after she had been strangled and
20:34
lost consciousness. The police interrogation video
20:37
portraying her confession would be successfully suppressed by
20:41
the defense. It was first noted in the order
20:45
to declare the recording inadmissible because she was a
20:48
juvenile held in a custodial setting prior to being formally
20:52
arrested. At the time of the interrogation
20:54
and her confession, she was in juvenile custody, so anything
20:58
she said to the juvenile officer was found to be inadmissible in
21:02
a Criminal Court. Her statements, however, made to
21:06
Detective Rice, may have been admissible in adult court if it
21:10
weren't for the blatant interference and unethical
21:14
active participation shown by the juvenile officer, Toby
21:18
Meyer. She was supposed to be there as
21:21
her advocate, but instead she misled and deceived Alyssa
21:25
Bustamante into confessing to the crime.
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Her behavior indicated that she was someone on her side.
21:33
She is seen in her continuously encouraging and coaxing Alyssa
21:37
to tell the truth under the guise that she is there in her
21:41
best interest. Her statutory role was limited
21:45
to observation and to uphold the juveniles rights not to
21:50
participate in the interrogation once Alyssa Bustamante was taken
21:56
into custody. Her darkness began to seep out
22:00
once more. She attempted to cut herself
22:03
with her own fingernails as she became increasingly more
22:07
severely depressed and anxious. While sitting in jail, she was
22:12
placed on suicide watch. Her appointed juvenile defense
22:16
attorney, Curt Valentine, argued against placing Alisa Bustamante
22:21
in the adult system. He believed that she had the
22:24
potential for rehabilitation and could be freed.
22:27
Once she turned 21, Valentine. Believed strongly that if she
22:32
remained in custody with adults, she would either take her own
22:35
life or be killed. While in jail.
22:39
In his words, he stated that we are throwing away the child and
22:44
we are signing a. Death sentence for Alyssa, but
22:48
the judge stated that her crimes proved that the state did not
22:52
have adequate services nor facility to house her.
22:56
As juvenile specifically, Missouri did not have a secure
22:59
facility with fences for female juveniles, and within the
23:02
juvenile system, they are typically housed together in
23:05
groups and are not overseen and watched by staff 24 hours a day.
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Alissa Bustamante was transferred to Hawthorne
23:14
Children's Psychiatric Hospital for evaluation and then was
23:18
later sent to Fulton State Hospital under a judge's order.
23:22
On January 10th, 2012, only a few weeks before her murder
23:26
trial, Alyssa Bustamante, in a plea agreement with the state,
23:29
appeared in front of the Circuit Court pleading guilty to 2nd
23:33
degree murder and Armed Criminal action.
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According to her defense counsel, she was prepared today
23:40
to take responsibility for these offenses.
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At this hearing, the court informed her of the range of
23:46
penalties she faced if she pled guilty and that in lieu of a
23:49
criminal trial, a sentencing hearing would be held where
23:53
evidence would be presented and then the judge would determine
23:57
her punishment. This is equating to her entering
24:00
what is referred to as a blind plea where the judge is not
24:04
bound to agree to any length or condition of the sentence given.
24:10
Further, that once she pleads guilty, there are no
24:13
circumstances in which she can withdraw the plea.
24:19
Alyssa Bustamante entered a plea of guilty knowingly, willingly,
24:23
voluntarily and intelligently of the circumstances and the
24:27
condition set around the agreement.
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Then she pled guilty to 2nd degree murder and armed criminal
24:33
action. Alysssa Bustamante avoided a
24:37
criminal trial over 2-9 hour days, which must have been
24:42
excruciatingly painful and felt like forever to Elizabeth
24:46
Olton's loved ones. Alyssa Bustamante would at last
24:50
face her fate. Family members, medical
24:54
personnel, and investigators piled into a small courtroom in
24:58
Cole County, Missouri to give their testimony.
25:00
The appearance and energy of the courtroom was a dichotomy.
25:05
On the defendant's side stood Alyssa Bustamante, with her
25:09
bangs hanging in her eyes, expressionless, barely muttering
25:13
a word, her grandparents, her absentee mother, who showed up
25:18
finally for her daughter at a murder hearing, and her father,
25:23
a convicted felon, shackled and in handcuffs.
25:27
And on the other side sat Elizabeth's mother, her
25:31
grandmother, and a large group of community friends, many
25:36
adorned in pink, Elizabeth's favorite color.
25:42
Elizabeth was buried in pink and her tiny coffin carried by a
25:45
horse drawn carriage. The judge first heard from Patty
25:49
Priest, Elizabeth Olton's mother, who recounted the day
25:53
her daughter was last seen. Everything was normal.
25:59
That is until Emma Bustamante showed up out of nowhere asking
26:03
her daughter Elizabeth to play outside with her.
26:07
That made her daughter so happy, so she just said make sure you.
26:10
Return by 6 for dinner. That was at 5:00 PM and was the
26:15
last time she ever saw. Her nine.
26:18
Year old daughter alive. Patty Priest went on to share
26:23
how Elizabeth was beyond special to her.
26:27
She was her miracle child. And her youngest?
26:30
On the same day doctors had told her she had stage 4 cervical
26:35
cancer, she found out she was pregnant with Elizabeth.
26:39
That baby had saved her life. Miss Praise turned to the judge
26:43
and said to her, Elizabeth never gets to get married.
26:48
She never gets to walk down the aisle, she never gets to go to
26:51
her first dance, have her first boyfriend.
26:54
So much has been lost at the hands of this evil monster.
26:59
If it were up to me, this murderer would never see the
27:02
light of day again. I will just say that I hate her.
27:06
I hate everything about her. What I hate most of all is what
27:10
everyone says about her age. The only thing her age makes is
27:16
an evil monster. It would be impossible to not
27:20
agree with this heartbroken mother's words.
27:24
Next, Anthony Olton, Elizabeth's older brother, took the stand.
27:29
He was only 13 years old when his little sister was brutally
27:33
murdered that day. He recalled how he and Elizabeth
27:37
rode the bus home after school as normal, and then he invited
27:40
Nathaniel and Joseph, Alyssa's younger twin brothers, to come
27:45
hang out. When Elizabeth never came home
27:49
by 6:00 PM as she was supposed to, his mom sent him to go find
27:53
her, but she was nowhere to be found.
27:56
Then he remembered how he saw the defendant, Alyssa leading
28:00
her sister Emma up a hill from the woods, saying to her don't
28:06
tell anyone. Then Emma told him that
28:09
Elizabeth had already gone back home.
28:13
That's when Anthony began to become really worried.
28:18
Elizabeth Olton's sister Stephanie, the oldest child,
28:21
openly sobbed when she addressed the judge, telling her the love
28:25
that my sister and I shared was so.
28:27
Strong that age didn't matter. There was no denying how special
28:33
Elizabeth was to her family and how deeply she was missed.
28:40
Detective Sean McDermott next took the stand, discussing his
28:43
interview with Elisa Bustamante. He recalled how lucid she was,
28:47
clearly spoken and not standoffish at all.
28:52
Tricia Gentry, the FBI agent who discovered the vile and shocking
28:56
diary inside the bedroom of Alyssa Bustamante, took the
29:00
stand next. With the information she had
29:03
collected from her diary, it gave her reason to bring in
29:06
Alyssa Bustamante for an official interview.
29:10
The agent noted how the teenager spoke very articulately.
29:14
She was calm, poised, friendly, even chatty and giggly at times.
29:19
The 15 year old swore that she didn't know where Elizabeth was.
29:24
Asian Gentry observed how she acted perfectly normal and that
29:28
her answers were quite convincing.
29:32
A forensic consultant, Dawn Locke, testified as to the
29:35
examination of her diary. Through the use of applying
29:39
different filters and lights, he was able to decipher the message
29:43
the defendant had attempted to conceal by writing over the last
29:47
entry in blue ink. The entry said the following and
29:51
I quote I just fucking killed someone.
29:55
I strangled them and slit their throat and stabbed them.
29:59
Now they're dead. I don't know how to feel ATM or
30:05
at the moment. It was amazing.
30:08
As soon as you get over the Oh my God I can't do this feeling.
30:11
It's pretty enjoyable. I'm kind of nervous and shaky
30:14
though right now Kate. I got to go to church now, lol.
30:21
Missouri State Highway Patrol Sergeant David Rice provided his
30:24
testimony regarding his interrogation of the defendant,
30:28
saying that ultimately she stated she wanted to know what
30:32
it felt like. How is it that no one in the
30:35
courtroom or in the media has addressed the fact that this
30:38
officer literally placed these words in front of her?
30:43
He fed them to her, to which she said, yeah, I guess so.
30:48
Not once in the interrogation video does Alyssa Bustamante on
30:54
her own say this statement. Does this change her guilt?
30:59
Not at all. But it does paint a less than
31:02
ethical light upon this investigation when the lead
31:05
homicide detective gets away with making this false statement
31:09
and all forms of media have run with it, making it like Alysssa
31:14
Bustamante's motto when it never came from her mouth.
31:21
Alyssa Bustamante's defense counsel did their best to prove
31:25
to the judge how broken this girl was and that there were
31:30
many mitigating factors to her case.
31:34
And when Johnstone, MD, testified as to the how the
31:38
antidepressant drugs that the defendant was on at the time of
31:41
the offense undoubtedly played a major contributing role in her
31:46
crime. Specifically, he told the court
31:49
how several several cases, in addition to various studies,
31:53
showed how antidepressants, including Prozac, which is what
31:57
Alyssa Bustamante was on at the time, have been proven to cause
32:01
an increase in violent behavior in some individuals.
32:06
The data has shown that juvenile girls are the most prone to
32:11
becoming mentally destabilized by such drugs.
32:16
Alyssa's age in combination with her, although undiagnosed, many
32:21
elements of ADD she exhibited caused a pre-existing
32:25
vulnerability in her that led her to react to the drug
32:28
violently. The doctor testified that the
32:31
higher dosage could have increased her mood swings and
32:34
even affected her tendency. Towards violence.
32:39
Alyssa's father was present at the hearing.
32:41
Cesar Bustamante in chains and handcuffs.
32:45
He arrived from a Missouri Correctional Facility to testify
32:48
to the history of mental illness and his family.
32:53
He spoke about his own struggle with suppression and anxiety and
32:56
how he had tried to kill himself at 14 when he was only a year
33:01
older than his daughter's first attempt.
33:05
Mr. Bustamante also confessed to the extreme abuse of drugs and
33:09
alcohol by both himself and Alyssa's mother while she was
33:13
growing up, who even used drugs while she was pregnant with her.
33:17
According to Karen Brooke, Alyssa's grandmother, who got
33:20
custody of her when she was 7, Alyssa was a quiet child who
33:25
cared for her two younger brothers and her little half
33:28
sister Emma as if she were their parent.
33:32
She was warned by a social services officer that once
33:35
Alyssa was in a more stable environment, she may behave less
33:39
mature and act out even. More often.
33:42
But there were no major issues. Alyssa never got in trouble at
33:47
school, her grades were solid and things seem to be fine.
33:50
That is, until 2007. On a trip to the family's lake
33:54
house, Alyssa tried to kill herself.
33:58
Brooke discovered the young girl, who was only 13.
34:01
At the time, lying unresponsive in the shower, there were
34:06
hundreds of tiny cuts up and down her arms.
34:11
She got a list of some psychiatric help and was placed
34:14
on Prozac. Things appear to be getting
34:17
better for Alyssa, and her sophomore year in high school
34:20
had been a great year. But then something went terribly
34:24
wrong, and no one in her life saw the downward spiral she was
34:28
on until it was far too late. The prosecution presented their
34:34
own expert testimony regarding her mental state.
34:38
Anthony Rothschild, professor of psychiatry at University of
34:41
Massachusetts, stated to the court that he agreed that Alyssa
34:44
Bustamante suffered from manic depression and bipolar disorder.
34:48
He, however, believed that it couldn't be denied that she knew
34:52
right from wrong and that Prozac or any other antidepressant does
34:58
not trigger someone to commit homicide, he recalled.
35:02
The interview Officer David Rice held with Alyssa Bustamante that
35:06
he was witness to Doctor Rothschild claimed that she
35:09
cooperated with the detective, provided coherent, sensible
35:13
answers. She was not manic or psychotic
35:16
and was totally in touch with reality.
35:20
Alyssa Bustamante had not hidden her cries for help.
35:23
In August 2007, a fellow student's parents contacted the
35:27
high school counselor, Lisa Blige, because their daughter
35:29
was concerned about Alyssa's cutting behavior.
35:32
The counselor testified to seen several razor blade cuts in a
35:36
row on Alyssa's arm. She reached out to Alyssa's
35:39
grandmother, Karen Brooke, and suggested that she pursue
35:42
psychiatric services, to which Karen agreed.
35:45
Alyssa Neitzert, a registered nurse and clinical educator with
35:48
the University of Missouri, showed the judge a body map she
35:52
created of Alyssa Bustamante scars from her admittance up to
35:56
November 17th, 2011. There were pictures of her well
36:01
over 300 self-made scars, including those inflicted by
36:06
cigarette butts. One picture showed how Alyssa
36:09
had scarves in the shape of a peace sign inside her hand,
36:14
which she had created using a staple.
36:17
Ron Wilson, who was the children's services supervisor
36:20
at Pathways Mental Health Care, where Alyssa was treated, told
36:24
the judge that Alyssa's therapists were constantly
36:26
changing, which was very damaging to any progress made.
36:30
He worked directly with her and after her suicide attempt, their
36:34
treatment plan had changed. She had been diagnosed with
36:37
major depressive disorder and PTSD, so her therapy was now
36:42
focused on trauma focused cognitive behavior.
36:45
When Alyssa Bustamante was arrested for murder, he visited
36:49
her and reminded her that she was not alone, telling her to
36:52
above all to hang on to the fact that God loves her no matter
36:56
what. Rosalind Schultz, A
36:58
psychologist, established a timeline of significant events
37:01
on the defendant on December 7th, 2011.
37:06
She concluded that although she cannot officially diagnose her
37:10
with borderline personality disorder based on her age,
37:13
Alyssa Bustamante exhibited many of its known symptoms,
37:17
including. Poor impulse control.
37:19
Feelings of emptiness, unstable mood.
37:22
And inappropriate displays of emotion.
37:25
The psychologist concluded that she suffered from major
37:27
depressive disorder that was chronic and current.
37:31
Her evaluation LED her to believe that Alyssa was severely
37:35
and functionally immature and that serious emotional
37:39
disturbances in her life played a role in her committing the
37:42
murder. It was in her professional
37:45
opinion that several life events caused Alyssa Bustamante to be
37:49
severely impaired and how she coped.
37:53
The young girl had been faced with her mother's sexual
37:55
promiscuity, her abandonment, her father in prison, being
37:58
exposed to domestic violence, and all around absence and
38:02
neglect. In Alyssa Bustamante's words,
38:05
she felt no pain when she cut herself.
38:07
To Doctor Schultz, this was a sign of dissociation.
38:12
When Alyssa attempted suicide, it was not just a cry for help,
38:16
it was her intent to die. None of these mitigating factors
38:21
would help the defendant. Nothing that was expressed or
38:25
testified to by the defense could prevent Alyssa
38:28
Bustamante's grim outcome. There were no words, no
38:33
diagnosis, no history of self harm that could wipe away what
38:37
she had done. She had brutally murdered.
38:42
A nine year old child and then expressed.
38:47
Elation and excitement after killing her.
38:52
No one and nothing could change that fact.
38:58
Alyssa Bustamante had been charged as an adult and would
39:01
face the harshest possible penalty for her crimes.
39:06
After Alyssa Bustamante's horrific crimes were painted in
39:09
explicit detail in the courtroom, her grandparents
39:12
stormed out. This was the first time Alyssa
39:18
Bustamante was witness crying in silence over 2 years of legal
39:22
proceedings before she was granted her punishment.
39:27
She spoke the following statement to Elizabeth's family.
39:33
I cannot even understand what you guys are going through.
39:35
I'm sorry for that. If I could give my life back to
39:38
bring her back, I would and I'm sorry.
39:43
However, Elizabeth's family didn't buy her apology.
39:48
They don't believe she is. Capable.
39:51
Of feeling sorry. On February 8th, 2012, Judge
39:56
Patricia Joyce sentenced the now 18 year old girl to life in
39:59
prison with the possibility of parole for second degree murder.
40:03
Sentencing guidelines vary from state to state in addition to
40:06
federal. Sentencing in the state of
40:08
Missouri, the sentence equated to 30 years in addition to 30
40:12
years for armed criminal action to be served executively.
40:17
Alyssa Bustamante was sent to a high security women's
40:20
Correctional Facility in Vandalia, MO.
40:24
In order to be eligible for parole, she must serve 85% of
40:28
the life sentence and a minimum of three years for the armed
40:31
criminal action conviction. When Alysssa Bustamante was
40:36
sentenced, Elizabeth Alton's grandmother, Sandy Corn, who was
40:40
in a wheelchair, cried out. I think Alyssa should get out of
40:44
jail the same day Elizabeth gets out of the grave.
40:47
Ellis's attorney, Charlie Moreland, made this statement to
40:49
the press. And I quote this was a child who
40:52
had been spiraling. Out of control.
40:54
But has tradable conditions. State prosecutor Mark Richardson
40:58
felt that her life sentence was completely justified, describing
41:03
Alyssa as A and I quote, a truly evil individual who strangled
41:08
and stabbed an innocent child simply for the thrill of it.
41:13
In addition to her penal sentence, Alyssa Bustamante was
41:16
ordered to pay restitution to Elizabeth Olton's mother in the
41:19
amount of $5,000,000 + 9% interest until paid in full.
41:25
As I have mentioned in previous episodes, restitution is more
41:29
than anything, a symbolic gesture.
41:32
The high majority of offenders never fulfil paying this debt.
41:36
To be fair, the vast majority of us would never be able to pay
41:40
this off. With the convicted making measly
41:43
wages in prison for the work they do get, no one would ever
41:48
be able to pay the restitution. Elizabeth Alton's mother's fury
41:54
and hatred for Alyssa Bustamante did not stop at her.
41:59
She believed that the healthcare institution who treated her was
42:04
to blame and filed A wrongful death lawsuit against Pathways
42:09
Behavioral Healthcare, two of its employees, and Alyssa
42:12
Bustamante in October 2012. One of the defendants, Ron
42:17
Wilson, a counselor at Pathways, testified during Alyssa's
42:20
sentencing hearing that there was never any indication that
42:23
she was a threat to anyone other than herself.
42:27
Patricia Priest claims that the clinic had the power to prevent
42:31
Alyssa's violent tendencies, and there was evidence that was
42:34
ignored by her psychiatrist. Her lawsuit included how they
42:38
had failed to detain this violent teenager.
42:43
They never warned her or. Anyone else?
42:46
Of the specific threats Alyssa Bustamante had alluded to,
42:50
including harming Elizabeth Olton, she had also filed a
42:56
separate. Wrongful death.
42:58
Lawsuit against her grandparents, who were Alyssa
43:00
Bustamante's guardians at the time, during an October 3rd
43:05
hearing that year. Saint Louis County Circuit
43:07
Judge. Gloria Reno ordered them to pay
43:11
$400,000. While Elisa Bustamante's case
43:15
was being heard and her outcome determined in Circuit Court, a
43:19
landmark case was underway in the Supreme Court.
43:22
Miller versus Alabama was pending a decision.
43:26
For those of you not familiar with this case and subsequent
43:29
major change in legislation, the case centered around whether or
43:33
not it was a violation of the Constitution to impose mandatory
43:37
life sentences without the possibility of parole for a
43:41
juvenile convicted of first degree murder.
43:45
In June of the same year that Alyssa Bustamante was sentenced,
43:49
the Supreme Court confirmed that this statute was a violation of
43:54
the 8th Amendment's ban on cruel and unusual punishment.
43:59
Alyssa Bustamante filed a timely pro SE motion for post
44:02
conviction relief, which means she represented herself without
44:05
a lawyer in the effort to be released based on legal errors.
44:11
This is different from a traditional appeal, which
44:13
focuses on legal errors that occurred during the trial.
44:18
The Circuit Court denied this motion set forth by Alyssa
44:21
Bocimante and her plea attorneys.
44:23
She then appealed. She first contested that she was
44:26
denied effective assistance to counsel when they failed to
44:30
thoroughly advise and ensure that she understood the outcome
44:34
of the pending case, Miller versus Alabama, and how that
44:37
decision may affect her. Alyssa Buster Monte claimed that
44:42
if she had been informed there was the possibility that she
44:45
would not face a mandatory life sentence without parole, she
44:50
would have proceeded with her initial plea of not guilty and
44:54
taken her chances at trial. She claimed that her attorney
44:58
advised and pressured her into pleading guilty and thus it was
45:02
an involuntary plea. It is next to impossible to win
45:07
an appellate case based on ineffective assistance of
45:10
counsel. In order for this claim to be
45:13
successful, the appellate must establish, one, that counsel's
45:17
performance did not conform to the degree of skill, care, and
45:21
diligence of a reasonably competent attorney, and, two,
45:25
that she was thereby prejudice. The Circuit Court rejected her
45:29
claim, addressing how the records showed that she was
45:32
fully informed about the pending litigation in the Miller case
45:36
and how that potentially impacted her own.
45:41
The court further stated that her testimony to the contrary
45:45
was not credible and that the evidence the State had against
45:48
her would not have been of any benefit to her.
45:51
If she had gone to trial. To this point, I fully agreed
45:55
that the strong and aggravating evidence.
45:57
The prosecution had, if presented at a trial, to a jury.
46:03
Would have convicted her of first degree murder.
46:05
Not second degree and sent her to prison indefinitely, Alyssa
46:11
Bustamante confirmed. That she recalled discussing
46:14
these issues and their potential outcomes of the pending Supreme
46:18
Court case with her attorneys, but she didn't fully understand
46:21
them. Not only is the law complex and
46:24
sounds convoluted to most people, but she was also being
46:29
impaired by psychiatric medication at this time.
46:32
She was drowsy and not fully coherent during these
46:34
discussions, and she was not given ample amount of time to
46:38
consider her options. Alyssa Bustamante claimed that
46:42
she only accepted the plea agreement because she believed
46:45
it was her only option to avoid a life sentence without parole.
46:50
If the Supreme Court had prohibited life sentences
46:53
without the possibility of parole for a juvenile murderers,
46:56
she may have had a point. But that is not what the Miller
46:59
case established. On the surface, it appears as if
47:03
the law made it unconstitutional to prevent a juvenile murderer
47:08
the possibility of parole, but that is not what the law
47:11
entails. What it did was change the
47:13
sentencing guidelines that mandate such a sentence.
47:18
Having a mandatory sentence for a juvenile convicted of first
47:21
degree murder was found to be unconstitutional.
47:24
Miller versus Alabama held that the sentence upholds the
47:28
Constitution so long as it is deemed just and appropriate in
47:34
terms of age, maturity and other factors presented in the case.
47:39
That doesn't mean that a judge can't sentence a juvenile to
47:43
that punishment, and there are many juvenile murderers who
47:47
still receive life without the possibility of parole.
47:52
In 2016, the Supreme Court ruled under the case Montgomery versus
47:56
Louisiana that the decision made under Miller should be applied
48:00
retroactively. This meant that all juveniles
48:05
sentenced before Miller who had been convicted of first degree
48:09
murder and were given life sentences without the
48:12
possibility of parole were now eligible for resentencing and
48:18
therefore parole. In 2021, this law was made even
48:22
nearer, limiting the powers of the judiciary's discretion.
48:27
Specifically, under Jones versus Mississippi, the court
48:30
established that although it is not required for a judge to find
48:34
the offender to be permanently incorrigible to impose a life
48:38
sentence as long as they have discretion in each case, the
48:43
term permanent incorrigibility simply means that a juvenile is
48:48
beyond rehabilitation. This law exists to encourage
48:52
judges to look at the unique elements of the offender and the
48:56
case, which is ideal in any criminal case.
49:01
This expansion of the legislation sent by Miller had
49:04
the potential to significantly impact Alyssa Bustamante and her
49:09
future. This horrific murder would lead
49:12
to major changes in Missouri's legislation.
49:16
In 2021, Senate Bill 26 was passed.
49:20
This act provided that any offender under 18 years old at
49:24
the time of the offense who was sentenced to a term of
49:27
imprisonment 15 years or longer. Or multiple.
49:31
Terms that equated to such would be eligible for parole
49:35
regardless whether the. Case was finalized for appeal.
49:39
Elizabeth. Olton's mother and loved ones
49:42
were. Appalled to think that her
49:45
killer could be free in only three years time, they
49:50
petitioned against the ACT vigorously.
49:54
However, after this atrocious crime was committed by a youth,
49:58
legislators sought to change this chance at freedom.
50:04
In 2021, Missouri State legislation was established that
50:08
excluded juveniles convicted of first degree murder to be given
50:11
the chance of parole. Missouri Governor Mike Parson
50:16
signed new legislation that amended state laws regarding
50:20
juvenile murders. Then in 2024, under the strong
50:25
advocacy of Elizabeth Olton's family, this law now included
50:30
juveniles who were convicted of second degree murder.
50:35
In 2024, Alyssa Bustamante faced her first parole hearing.
50:40
The specifics behind the hearing are unknown, but too many
50:44
people's relief, the parole board denied her chance at
50:48
freedom. Alyssa Bustamante currently
50:51
resides at the Chillicothe Correctional Center for Women in
50:54
Chillicothe, MO. This concludes the first part of
51:01
2 Graves and a Diary. Next episode I will cover the
51:05
rare kind of violent offender Alyssa Bustamante was, the
51:08
unique typology of her crime, and the many signs of her
51:13
pending doom. Thank you so much for listening.
51:20
I appreciate each and everyone of you and I am beyond thrilled
51:24
to be your host. I wanted to mention that I was
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If you have any questions, comments, or thoughts about this
52:03
case or ideas for future episodes, I would love to hear
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from you. Please reach out, You can find
52:09
my contact information. In the episode description.
52:13
Until next time, stay safe. And watch out for Shades of
52:19
Murder hopping in the streets next door, especially inside
52:26
your own home. Shades of Murder is created,
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researched, written and edited by Alita Caldwell.
52:37
Original music Stranger composed by Stereo Code.