misconduct. A True Crime Podcast

misconduct. a true crime podcast

Ep25 - Toni Danieelle Clark

On the night of March 16th 1990, Toni Danieelle Clark was on her way home from her cousin’s house in Oakland, California. The car she was driving was having issues getting started but eventually she got the car running. As she was leaving her friend told her to call her when she got home, but Toni would never make that call.

The car she was driving was later rear ended on the San Francisco Bay Bridge and there was no sign of Toni. Law enforcement believes that she was at the front of her car and the impact of the crash threw her over the side of the bridge into the water. No body was ever recovered and after a couple weeks, SFPD closed her case. Doubt lingers as to what happened to Toni. Was she thrown off of the bridge? Or did she fall victim to something worse?

~Colleen & Eileen

Link to Trailer for Documentary Mentioned: http://www.survivinginternationalboulevard.com/trailer/

 

Ep24 - William Morva ***URGENT***

Tonight we are discussing the case of William Morva.  William Morva was in the Montgomery County, VA jail awaiting trial on attempted robbery charges.  He was taken to a nearby hospital to treat an injury.  William escaped custody at the hospital and fatally shot a hospital security guard and the next day he shot and killed a Sheriff’s Deputy.  He was arrested a few hours later.

William was sentenced to death and is scheduled to be executed next month on July 6.

Tonight we will cover William, his crimes and his mental health.  We will ask the question, should someone who suffers from such a severe mental illness be held accountable for his actions and suffer the most extreme of punishments; or does he deserve mercy and treatment?

The governor of Virginia is currently reviewing William’s case and deciding his fate; should William be put to death for his crimes?  After we are done telling you about William, we will ask you to contact the governor and beg for him to commute his death sentence to life in prison with treatment for his illness. 

Music by The Blank Tapes

This episode was brought to our attention by the same firm that represents Ivan Teleguz (see previous case of ours).  This was an interesting case because it’s not one of actual innocence or some sort of police/prosecutorial misconduct.  William did commit these crimes, but after review, I truly believe he did what he did because he was in fear for his life and he was in fear for his life because he is mentally ill and suffers from delusional disorder.  I do not think we should put someone to death (at all, but especially…) who cannot grasp the gravity of what they did, and in fact, in their world view, they were acting in self defense. 

I feel deeply for the family and friends of Derrick McFarland and Deputy Eric Sutphin; I cannot imagine the pain they are going through.  And while we are asking for people to advocate on behalf of William’s life, by contacting the Virginia governor and asking for him to commute his death sentence, we are not asking for him to be free. 

If you feel William deserves mercy and should not be put to death on July 6th, please email, call, write Governor McAuliffe and ask for him to commute his death sentence and transfer him to the Marion Correctional Treatment Center (prison for the mentally ill). 

Website to Sign Petition, Email, Call or Write Governor McAuliffe:

https://www.mercyformorva.com/

Governor McAuliffe’s office: 804-786-2211

William and his mother, Elizabeth

William and his mother, Elizabeth

William at his attempted robbery trial

William at his attempted robbery trial

Ep23 - The Disappearance Of Sheila Fox

Sheila Fox was 6 years old when she disappeared on her way home from school in 1944 in Bolton, Lancashire, England. She was seen leaving the school but never made it home. Because of her young age, a search immediately began. Conflicting eyewitness accounts were given to investigators, but Sheila was never seen or heard from again.

The case remained cold for 57 years. Then in 2001, the investigation became active again because law enforcement received a new tip. This was the first credible tip they had received in over half a century. Unfortunately, the tip went nowhere, but questions arose about other incidents in the area. Was Sheila an isolated incident? Or was there a serial offender responsible for multiple attacks in the area? Or were there multiple offenders operating in the area.  

Sheila Fox

Sheila Fox

Quentin Smith

Quentin Smith

Peter Griffiths

Peter Griffiths

Ep22 - The Murder of Stacy Hanna

This week we will be discussing the murder of Stacy Hanna. Stacy was an 18 year old woman who had just moved to Richmond, Virginia. She has recently relocated and had even found a group of friends. She was making a place for herself in the world and for the first time was feeling like she belonged.

It would be her own friends that would turn on her and ultimately take her life. The attack Stacy suffered was long and brutal. The crime left the community shocked at the sheer magnitude of callousness and violence that was directed at one young woman. Why did they kill her? The reason would raise more questions than it would answer.

Stacy Hanna

Stacy Hanna

Stephanie Cull

Stephanie Cull

Domica Winckler, Kelley Tibbs, Tracy Bitner

Domica Winckler, Kelley Tibbs, Tracy Bitner

Ep21 - Darren Deon Vann

On October 17th, 2014 the body of a young woman was found in a Motel 6 in Indiana. She was found in the bathtub with the shower running by her friend who had grown concerned when her repeated texts were not being returned. When her body was found, it was clear she had been strangled. 

Police quickly narrowed down a suspect based on cell phone records and security camera footage. Once arrested, the suspect confessed to the murder. Law enforcement thought they were dealing with an open-shut case. That was until the suspect confessed to 6 additional murders and told police he was willing to lead them to the bodies. 

Today we will discuss a suspected serial killer who’s killings may span multiple decades and multiple states. We will look at the circumstances that surrounded his capture and where the investigation is as of today. 

Ep20 - Elizabeth DeCaro

On the evening of Friday March 6th, 1992, Melanie Enkleman was looking for her younger sister Elizabeth. Elizabeth DeCaro was supposed to meet her for dinner at 5, but she didn’t show. Repeated calls to her house phone were going unanswered and Melanie beginning to worry.

The normally bubbly and kind 28-year-old mother of 4 has been acting differently as of late. She had been more anxious and worried and the two sisters had had conversations about the state of Elizabeth’s marriage.

But, whether or not she was going through a hard time or not, it was not like Elizabeth to skip out on dinner plans and not answer her calls. Melanie and their coworker headed over to her house in St. Charles, Missouri. They arrived around 8pm and found the side door of the garage open and lights on. Fear gripped Melanie because she felt that something was not right. Bracing themselves, the two went inside and in the kitchen they found a gruesome scene.

Elizabeth was face down on the kitchen floor, shot to death lying in a pool of her own blood. Melanie called 911, hysterical at the sight, but she did manage to tell the police clearly and firmly that the person responsible and the person the police needed to look for was Elizabeth’s husband, Rick DeCaro.

It came out later that Rick showed signs of being an abusive and controlling husband. Recognizing the signs of domestic abuse is very important. Below are some links where you can read more about recognizing warning signs and what you can do to help yourself or others.

https://www.acf.hhs.gov/fysb/fv-centers

http://www.nrcdv.org/key-initiatives/

 

Ep19 - Dolly Oesterreich (Otto in the Attic)

In 1913 Dolly Oesterreich seemed like an ordinary housewife, married to Fred. However, for a decade she kept a secret lover, Otto, hidden in her attic. The affair would only end when her lover killed Fred, and Dolly was arrested for the murder. Dolly and Otto’s unorthodox relationship shocked the people of Los Angeles during the 1920’s. Even to this day this is a case that is truly stranger than fiction.

Ep18 - Papin Sisters

This week we are discussing the Papin Sisters, two maids, who horrifically murdered the wife and daughter of their employer in 1933 in Le Mans, France. The murders caused an uproar among French people during a time when class structure was inflexible.  Were the Papin Sisters’ experiencing a Folie a Deux? Were they lovers, who were terrified of being separated? The case of the murdering sister maids has inspired books, plays, and movies. This crime is still considered to be one of the most notorious murders in France’s modern history. 

Ep17 - The Murder of Angie Zapata

This week we are discussing the case of Angie Zapata. Angie was 18 when she was murdered for being trans. The landmark case was notable because it was the first time that the hate crime statute was applied to a case involving a crime against a transgender person in Colorado. It was also the first example of a hate crime statute being successfully applied to get a conviction for the murder of a transgender person in the United States. This case is particularly heartbreaking because it involves the senseless, bigoted murder of a teenager who was very much loved by her friends and family.

If you are struggling with or questioning your gender identity or sexual orientation you should know that you aren’t alone. GLAAD’s website has a huge list of resources and information you can read more about transgender resources here and LGBTQ resources here.

Also, during my research I came across an article of several vignettes about Angie by people who knew her. I thought it was so nice to read about her from the perspective of people who loved her. You can read that article here

Ep16 - The Murder of Michelle Le

Michelle Le was a 26-year-old nursing student who disappeared on May 27th, 2011, while on duty, from the Kaiser Permanente building in the SF Bay area, specifically Hayward, CA.  Michelle had left her duty post and entered the parking garage in the middle of her shift.  She was last seen on the garage’s security camera walking towards her car and then her car is seen leaving the garage.  Michelle’s nursing instructor is seen searching for her, in the garage, about an hour later, Michelle’s car re-enters the garage, but once the nursing instructor tries to wave her down, Michelle’s car flees, rather quickly out of the garage.

Michelle’s SUV would be found the next morning but no sign of Michelle.

Four months after her disappearance, an arrest would be made for Michelle’s murder; and 10 days after that, Michelle’s remains would be found.

Tonight we will take you through the night of her disappearance, the efforts to locate Michelle and the eventual arrest and conviction of the person responsible for her murder.

Ep15 - The Murder of Jane Bautista

Jane Bautista was a 41 year old woman living with her two sons in a suburb in southern California. In January 2003, a body missing the head and hands was found at the bottom of a steep cliff off of highway 74. One week later, Jane’s oldest son confessed to her murder and both boys were taken into custody. What led two sons to kill their mother? And could something have been done to prevent it?

Thank you for listening!

~Colleen

Ep14 - Clarence Lee Brandley

This week’s case is a related to the episode we released last week about the death penalty case of Ivan Teleguz. This is not a part two, but we will be referencing last week’s episode and continuing our discussion of capital punishment in the United States. If you haven’t heard it, go ahead and pause this and go back and listen. Ivan’s case is very important to both of us.  You don’t know how much we would appreciate it if you gave the episode a listen and called Governor McAuliffe’s office and ask him to grant Ivan clemency.

Today we are discussing the trial, conviction, and eventual exoneration of Clarence Lee Brandley. In 1980 he was working as a janitor at a high school in Texas. On the morning of August 23rd 1980, Cheryl Dee Fergeson was found murdered in a loft above the auditorium where Clarence worked. Some forensic evidence was recovered from the scene but was lost or destroyed before it was tested for trial.

Eventually the evidence was tested and it was proven that it could not have come from Clarence. Even with all the issues with the evidence, Clarence, an African American, man was convicted in front of an all white jury in 1981. Eleven months later, he was sentenced to death.

The appeals process began immediately and 6 days before Clarence’s scheduled execution, a stay was granted. It came out that a lot of the evidence and testimony against Clarence was fabricated or purposefully misinterpreted to make him look like the perpetrator.

In 1990, Clarence was exonerated. After his conviction was overturned, it became clear Clarence did not receive a fair trial. It came to light that most of evidence and eye witness testimony was manipulated by the Conroe police department and the DA to frame Clarence who was their suspect from day one.

As a result, Clarence spent almost a decade in prison and was within a few days of being executed for a crime he didn’t commit. Today, Clarence’s story is another name on a list of cases investigated and tried in a county that had an extensive problem with racism.

We wanted to leave you with some facts on the death penalty so you can draw your own conclusions. We will also link further reading on our website.

·      Since 1973 over 150 people have been exonerated from death row. 10 occurred in 2013.

·      False informant testimony is the top cause of wrongful convictions.

·      At least 10 people have been executed even though there were serious doubts about their guilt leading up their execution.

o   Colleen: the first case I got involved in with trying to raise awareness was Troy Davis who was executed in 2011 in Georgia even after most of the witnesses recanted. He was executed, but serious doubt about his guilt persists to this day.

·      California, which has the largest death row in the country, has spent over $4 billion on the death penalty since 1978, while carrying out just 13 executions.

·      Death penalty cases are significantly more expensive than non-death penalty cases. The greatest costs associated with the death penalty occur prior to and during trial, not in post-conviction proceedings. Even if all post-conviction proceedings (appeals) were abolished, the death penalty would still be more expensive than alternative sentences.

    • More investigative costs are generally incurred in capital cases, particularly by the prosecution.
    • Trials in which the prosecutor is seeking a death sentence have two separate and distinct phases: conviction (guilt/innocence) and sentencing. Special motions and extra time for jury selection typically precede such trials.

·      The death penalty diverts resources from genuine crime control measures. Spending money on the death penalty system means:

    • Reducing the resources available for crime prevention, mental health treatment, education and rehabilitation, meaningful victims' services, and drug treatment programs.

·      The South has consistently had the highest murder rate while accounting for 80% of the country’s executions. The Northeast consistently had the lowest murder rate, while accounting for less than 1% of the country’s executions. So is the death penalty actually a deterrent?

·      In 2014, three executions involving experimental lethal injection protocols were botched, this caused the inmates to gasp, choke, and writhe during the executions.

·      All European countries and many American pharmaceutical companies have banned the use of their drugs in executions. This is related to what we are seeing in Arkansas.

Links below to further reading on the death penalty:

http://governor.arkansas.gov/contact-info

http://www.amnestyusa.org/our-work/issues/death-penalty

http://www.deathpenaltyinfo.org/documents/FactSheet.pdf

~Colleen

Ep13 - Ivan Teleguz **URGENT**

This case has affected me (and Colleen), more so than any other case thus far. 

I cannot tell if it’s because the urgency of it, as he is set to be executed on April 25th, 2017?  Is it because he’s from a large family, much like mine, and it hits closer to home; or is it the just blatant misconduct?  Whatever it is, I feel deeply about this case and Ivan and I really wanted to get his story out there and hopefully get people calling/emailing the governor and signing the petition because I truly believe they are about to kill an innocent man.

As we said in the show, I think if you’re pro or anti death penalty, that’s besides the point because I think we can all agree that if someone is being put to death as a punishment for a crime, we better be damn sure they are guilty, with no doubts whatsoever. 

And, as we go through in this episode, there is way too much doubt in this case.  Just the fact that there are two sworn affidavits from two of the three men who testified against Ivan stating they lied on the stand. 

Ivan is represented by Virginia Capital Representation Resource Center (the non profit we mentioned in the episode) and Kirkland & Ellis (who, after hearing of Ivan’s case, has represented him, pro bono, since before the evidentiary hearing, which is amazing).  At the end of the episode, you hear the voices of two of his attorneys (Elizabeth P and Mike W) taken from the DOCUMENTARY on the Ivan’s Prayer for Justice website.  You hear in their voice just how strongly they believe in his innocence and that this is a huge injustice. 

Below are excerpts  of Aleksey & Gilkes’ sworn affidavit recanting their trial testimony and swearing to the fact they lied because were coerced, threatened and offered a “deal” to point the finger at Ivan and go with the police's narrative of murder for hire.  You will also see excerpts from the Hetrick police interview transcript.  These are striking as you can see just how badly the police wanted Ivan, how tunnel vision they were about their theory and wanted to "get him" at any cost (to the surprise of Hetrick who states “you’re willing to give the guy who deserves the death penalty a deal?”). 

I think, if Virginia goes through with Ivan’s execution, they will be killing an innocent man and something sparked inside me that made me want to do anything I could to try to stop this from happening.  

So, I decided we could do an episode on Ivan and then ask our listeners: If you feel the same, we ask that you call/email Governor McAuliffe and ask him to stop Ivan’s execution.  The picture below gives you all the information you need to call or email (as well as a form letter you can send with your email).  You can also sign the change.org petition here as well. 

If we can have a hand in saving this man’s life and let him fight another day to prove his innocence, I would sleep a little better at night knowing we banded together and helped this man see his mom, dad, sisters and brothers again.  

Virginia, please do not kill an innocent man. 

~Eileen 

Resources, Media, Information

Website and Documentary

Sign the Petition

Justice for Ivan Twitter

Justice for Ivan Facebook

 

Aleksey Statement

Aleksey Statement

Gilkes Statement

Gilkes Statement

Gilkes Statement

Gilkes Statement

Gilkes Statement

Gilkes Statement

Hetrick Interview

Hetrick Interview

Hetrick Interview

Hetrick Interview

Hetrick Interview

Hetrick Interview

Hetrick Interview

Hetrick Interview

Why Sign?

Why Sign?

Ep12 - Aimee Semple McPherson

This week we wanted take a break from covering cases with heavier content and cover the disappearance of Aimee Semple McPherson. It’s unknown if she was truly kidnapped or if she staged her disappearance, possibly to cover up an affair. Even though she was preaching nearly 100 years ago, there is a ton of photographs of Aimee at different stages in her life. While researching, I thought it would be cool to include pictures I found. So, what do you think? Do you think she was kidnapped? Or did she stage her disappearance? Let us know in our Facebook group!

Aimee and the Gospel Car c. early 1920s

~Colleen & Eileen

Ep11 - Jonathan Luna

We are joined again by Nichole, all the way from Virginia, via Skype!  Apologies for any audio bumps, when recording with someone remote, it can be a bit tricky!

This week, Nichole takes us through the story of Jonathan Luna.  Luna was an Assistant U.S. Attorney in Baltimore, MD.  On the morning of December 4th, 2003, Jonathan Luna was found drowned in a creek in Lancaster County, Pennsylvania after being stabbed and mutilated.  The FBI deemed his death a suicide, while Lancaster County Authorities suspect homicide.  Tonight Nichole will take us through his story and theories of what could have happened to this prosecutor. 

 

Ep10 - San Mateo Slasher

This week I wanted to share some of the things I came across during my research

First off, these girls look incredibly similar. Some of these pictures look like they could be multiple pictures of the same girls.

The victims (upper left to right) Paula Baxter, Tanya Blackwell, Carol Lee Booth, Michelle Mitchell, Denise Lampe, Veronica Cascio

I also came across a couple articles from the 70’s. It may be a little difficult to read so you can find them online here and here.

Finally, here is a photo of Rodney Halbower at the time of the crimes and present day.

~Colleen

Ep09 - Skylar Neese

Tonight we are discussing the murder of Skylar Neese, a 16-year-old girl from West Virginia. She went missing in July 2012 and rumors swirled as to what happened to her. Her parents tirelessly searched for her hoping for the best. The community was shocked when remains were found just across the state border in Pennsylvania was found in January 2013. The community suffered another stunning blow when Skylar’s two best friends were arrested for her murder.

This case is interesting because there is a huge social media paper trail.

Skylar and Sheila’s twitters are still accessible, so you can scroll through to get an idea of what the girls posted about day to day.

Here is a link to Mary Neese’s Facebook status we mentioned in the episode where she calls Sheila and Rachel out for lying during the investigation.

There was also a Dr. Phil episode done with Skylar’s parents that can be found on YouTube here.

~Colleen

Launching our Patreon!!

Do you like our show?  Do you want to be able to directly help in producing the show?  How about some misconduct. stickers or a mug?  

Oh!  I know!!  Even better!!!  How about extra special content just for our monthly supporters?  We're talking "eyes (ears) only" for our Patrons and early access to regular episodes!!

Click on the Donate tab above or go straight to our Patreon page at www.patreon.com/misconductpodcast and take a peek at our reward tiers.

We also can do one-time donations via PayPal; just use our email misconductpodcast@gmail.com

Patron/Donor or not, we love all our listeners and appreciate your support!  We hope to produce the best show possible for you guys.  Thank you so much for being a part of this labor of love!

~Eileen & Colleen

 

 

Ep08 - Luka Maggnota

Thank you, Jill, for sending us this case.  I found this case very intriguing, not only because of his horrendous crime but his dark journey that led him there.  I applaud the Animal Beta Project and the Facebook investigators that worked tirelessly to bring him to justice.  

Here is a link to the article about Luka’s life in prison.  As I talked about, you can see he seems to be reveling in the attention.

Here is a link to the mini documentary by CBC News.  A lot of good interviews with his ex girlfriend Barbie and the anonymous investigators from the Animal Beta Project.  There is some information on Jun Lin as well.  You can see how he was thriving in his new life, only to have it cut short by Luka.  

And if you’re interested to see Luka’s interviews for Plastic Makes Perfect and Cover Guy follow those links.

Thank you for listening and let us know your thoughts here or on Facebook/Twitter/Instagram!

~Eileen

Ep07 - Jamison Family

Today’s case is the Jamison Family Deaths.  My dear friend Nichole brought this case to our attention and researched it.  She did an amazing job and Colleen and I felt it was fitting that she co-hosts this episode.

As a writer, Nichole adds a flair and charming descriptive nature to this story.

As we talk about in the show, we’ve added a picture (or two!) of Sheriff Israel Beauchamp at the bottom of this post.

There are so many unknowns with this case; below are some of the controversial items discussed in the episode:

The picture of the Madyson; is she in distress?  Or is she just being pithy?  Is this indicative of someone trying to hurt her?

Were the Jamison’s on drugs?  The picture below was pretty recent; are they too thin, showing signs of drug use?  Or are they just slender people?

There is a video of them packing the truck before leaving the day they went missing.  They appear to be not speaking to each other; once we find that link, we will post (very hard to find).  But is not talking while packing mean they were in a drug induced “trance”  or were they just having an argument and not talking to each other?

So many unanswered questions in this case; let us know your thoughts and comments below or on our Facebook Group!

A huge thank you to Nichole for her hard work and excellent job on her first podcast!

~Eileen