Based in Fact

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Based in Fact, the true crime podcast that looks at criminal cases from the perspective of the courts, not the court of public opinion.

Lisa O'Brien


    • Dec 28, 2024 LATEST EPISODE
    • monthly NEW EPISODES
    • 2h 6m AVG DURATION
    • 55 EPISODES


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    Latest episodes from Based in Fact

    Episode 16 - TX v. Robert Leslie Roberson, III: Ignoring the Facts Doesn't Change Them

    Play Episode Listen Later Dec 28, 2024 125:03


    In Episode 16, Representative-elect Mitch Little of Texas House District 65 joined Lisa O'Brien to talk about State of Texas v. Robert Leslie Roberson, III. Since 2016, Roberson's post-conviction attorneys and advocates, who were recently joined by Texas legislators, have engaged in a campaign of disinformation with the courts and the public in which they claim that Roberson's conviction rests on a diagnosis of Shaken Baby Syndrome/Abusive Head Trauma. Legislators issued a last-minute subpoena commanding Roberson's appearance before their committee on October 21, 2024 and, with a last minute stay granted by the Texas Supreme Court, they were able to prevent his sentence from being carried out on October 17, 2024. We talked about the facts of the case, the truth about Nikki's cause of death and the court proceedings and extra-judicial shenanigans of Roberson's advocates. About Mitch Little:Mitch is a native Texan, who attended Harvard University where he graduated with honors in Government and played football for the Crimson for four years. In 2003, he earned his law degree from the University of Texas and is a successful business attorney. Mitch has fought for private property rights, represented victims of securities fraud, and helped entrepreneurs build companies in numerous industries, including real estate and oil and gas.. Mitch and his wife Kelly are proud parents to Molly, Matthew, and Lucy and they're all active members of Sojourn Church in Carrollton.

    Episode 15 - OK v. Phillip Dean Hancock: A Tale of Two Murders

    Play Episode Listen Later Dec 28, 2024 180:00


    In Episode 15, Lisa O'Brien and guest host Jennifer Harmon talked about State of Oklahoma v. Phillip Dean Hancock. Hancock's November, 2023 execution was preceded by controversy, including claims by their least favorite Oklahoma legislators (one former and one current), who claimed that Hancock was exercising his “God-given right to defend himself,” when he brutally murdered two men, both of whom were unarmed and posed no threat to him. They looked at the 2001 murders of Robert Jett, Jr. and James Lynch, III, the evidence against Hancock, his trial, direct appeals and state and federal post-conviction claims, including an effort to use DNA testing to prove his claims of self-defense. Then they talked about the Oklahoma Pardon and Parole Board recommendation of clemency, Governor Stitt's last minute denial and Hancock's execution on November 30, 2023. Jennifer Harmon is a well-known community advocate and Alert Neighbor captain in midtown Tulsa. Born and raised in Tulsa, Jennifer is a Navy veteran and holds a Master of Divinity from Phillips Theological Seminary. Jennifer co-founded Justice For Peggy Gaytan in 2011.

    Episode 14 - MD v Adnan Masud Syed, with Robb Chadwick: A Victory for Victims' Rights in Maryland

    Play Episode Listen Later Dec 28, 2024 129:02


    This episode is dedicated to Robb Chadwick, who passed away in mid-December. Robb was a great friend, a supporter of this podcast and a true Southern gentleman. His insight and knowledge of the facts of many cases, along with his kind and calm debate strategy will be missed by many. RIP, Robb.In Episode 14, State of Maryland v. Adnan Masud Syed, Lisa was joined by Robb Chadwick, a former journalist with a life-long interest in the truth of true crime and fairness for victims. Since his retirement, Robb has researched and written about a number of cases — but none more than the case of the day: the murder of Hae Min Lee by Adnan Masud Syed. On January 13, 1999, Hae Min Lee disappeared after leaving Woodlawn High School, where she was a popular athlete and scholar. Police looking for her questioned several people, including her current boyfriend and ex-boyfriend, Adnan Syed. On February 9, 1999, Hae's body was found partially buried in a shallow grave in Leakin Park, in Baltimore City, Maryland. Three days later, on February 12, an anonymous tip led police to put Adnan Syed at the top of their suspect list. On February 27, 1999, Jay Wilds, an acquaintance of Syed, was interviewed by police and, early on the morning of February 28, 1999, led police to Hae's missing vehicle. Syed was convicted and sentenced to Life, plus 30 years in 2000. The case has been the topic of multiple podcasts over the years and in 2022, his conviction was vacated by a pro-defendant judge in a fixed hearing at which no one represented the interests of Hae Min Lee, or her family. On August 30, 2024, the Supreme Court of Maryland affirmed the Appellate Court of Maryland's reinstatement of Syed's conviction and held that Hae's brother, Young Lee, had the right to be heard at any future hearing seeking to vacate Syed's conviction.

    Episode 13 - TX v. Linda Anita Carty, Part 3: The Lies Never End

    Play Episode Listen Later Dec 28, 2024 111:18


    In Episode 13, State of Texas v. Linda Anita Carty. In Part 3, Lisa and Kyle concluded their look at the case against Linda Carty, who remains on Texas Death Row after multiple unsuccessful efforts to win a new trial in state and federal court. They talked about the alternate suspects Carty has blamed for the 2001 kidnapping and murder of new mother Joana Rodriguez, whose body was found in the trunk of a car rented for Carty by her daughter and whose newborn son, Ray, was found, thankfully unharmed, in the back seat of Carty's daughter's car. Both cars were at the same time and in the same place. We'll also talk about Carty's multiple self-serving letters professing her innocence and complaining about her persecution by prison officials. Then they talked about her second successive state post-conviction writ, request to file a successive federal habeas claim and her request for appointment of new counsel, allegedly to assist with presentation of a petition for clemency.

    Episode 12 - State of Texas v. Linda Anita Carty - Part 2: Misleading the Public

    Play Episode Listen Later Aug 26, 2024 116:16


    In Episode 12, State of Texas v. Linda Anita Carty, Part 2, Lisa and Kyle continued their look at the case against Carty, who was convicted of capital murder in 2002 for the May, 2001, kidnapping and murder of 20-year old Joana Rodriguez so that Carty could steal Joana's 4-day old baby. Carty recruited drug dealers/thugs to commit a home invasion, promising them a large cache of drugs and money. Joana's body was found in the trunk of a car rented for Carty by her daughter and Joana's newborn son, Ray, was found in the daughter's car, thankfully unharmed. They talked about Carty's initial federal habeas claim and her first successive state post-conviction claims, which involved wild accusations of prosecutors' threats and coercion by her co-defendants.

    Episode 11 - TX v. Linda Anita Carty - Part 1: She's Not a Smooth Criminal

    Play Episode Listen Later Aug 12, 2024 133:04


    In Episode 11, State of Texas v. Linda Anita Carty, Part 1, Lisa and Kyle looked at the May, 2001, plot hatched by Linda Carty to save her common-law marriage by stealing her neighbor, Joana Rodriguez's baby. She recruited drug dealers/thugs to commit a home invasion, promising them a large cache of drugs and money. She also made preparations to take the baby from Joana's womb, or to steal him from a hospital. Carty, a compulsive liar, couldn't keep her mouth shut and, after Joana and her newborn son were kidnapped, a neighbor who saw Carty at the complex the night of the kidnapping pointed police in her direction. Joana's body was found in the trunk of a car rented for Carty by her daughter and Joana's newborn son, Ray, was found in the daughter's car, thankfully unharmed. We'll talk about the evidence against Carty, her 2002 conviction for capital murder and death sentence, her direct appeal and her initial state post-conviction claims.

    Episode 10 - CA v Phillip Spector: The Ogre in the Castle Kills the Beauty

    Play Episode Listen Later Aug 12, 2024 117:32


    In Episode 10, State of California v. Phillip Spector, Lisa and Kyle talked about the murder of actress/model Lana Clarkson by music producer Phil Spector. On February 3, 2003, Lana accompanied Spector to his mansion in Alhambra, CA. Spector, who had a history of violence against women, shot and killed Lana at around 5:00 a.m. Later, he claimed that Lana killed herself. When that didn't work, he claimed she accidentally shot herself. They talked about the scandal that was the beginning of the end for Dr. Henry C. Lee, Spector's first trial, his second trial and conviction in April, 2009 and his sentencing in May, 2009. Spector, who would've become eligible for parole this year, died of COVID-19 in January, 2021.

    Episode 9 - The Failure of Bail Reform with Ken W. Good

    Play Episode Listen Later Aug 12, 2024 61:28


    In Episode 9, The Failure of Bail Reform. Ken W. Good, a member of the Board of Directors, Professional Bondsmen of Texas joined Lisa and Kyle to discuss the failure of Bail Reform and Zero Bail Policies. Mr. Good holds a Bachelor of Arts from Hardin Simmons University, a Master of Education from Tarleton State University (part of the Texas A&M System). Mr. Good earned his J.D. from Texas Tech School of Law in 1989. He was also a member of the Texas Tech Law Review. Mr. Good has argued cases before the Supreme Court of Texas, the Texas Court of Criminal Appeals and numerous courts of appeal, including the U.S. Fifth Circuit Court of Appeals in my hometown of New Orleans, LA. Mr. Good is married and has two daughters. In addition to hosting The Bail Post podcast, he is the author of "Good's on Bail," a practice guide for bail industry professionals and numerous articles on the subject of bail reform, including, “What Successful Bail Reform Looks Like.” We'll talk with Mr. Good about the failure of bail reform and zero bail policies, including the impact zero bail has had on domestic violence cases.More about Mr. Good: http://www.goodsonbail.com/Goods_on_B...https://www.thebailpost.com/https://www.thegoodlawfirm.net/

    Episode 8 - Florida v. Danny Harold Rolling: Monsters Are Real

    Play Episode Listen Later Aug 12, 2024 116:26


    In Episode 8, State of Florida v. Danny Harold Rolling, Lisa and Kyle looked at the 1989 and 1990 murders committed by serial killer and Shreveport native Danny Harold Rolling. Over 4 days in August, 1990, Rolling terrorized the college town of Gainesville, Florida, when he murdered Tracy Inez Paules, Sonja Larson, Manuel Taboada, Christa Hoyt and Christina Powell. Rolling was convicted and sentenced to death in 1994 and was executed in 2006. We'll talk about the evidence linking Rolling to the Gainesville murders, his trial, appeals and execution. First, we'll look at the murders of the Tom, Julie and Sean Grissom in Shreveport, Louisiana. Rolling's involvement in the Grissom murders was confirmed when Rolling confessed shortly before his 2006 execution.

    Episode 7 - Florida v Dippolito - Part 2: Third Time Is The Charm

    Play Episode Listen Later Aug 12, 2024 131:23


    In Episode 7, State of Florida v. Dalia Dippolito, Part 2, Lisa and Kyle concluded their look at this long-running case and talked about Dippolito's two re-trials, one of which ended in a mistrial and the other, which concluded in June of 2017, ended with a conviction for Solicitation to Commit First Degree Murder with a Firearm. Then they talked about her direct appeal and state post-conviction claims and events since Dippolito began serving her 16-year sentence in the Florida Department of Corrections.

    Episode 6 - Florida v Dippolito - Part 1: She Lies Like a Rug

    Play Episode Listen Later Aug 12, 2024 102:42


    In Episode 6, State of Florida v. Dalia Dippolito, Part 1, Lisa and Kyle looked at the murder-for-hire case against former escort, Dalia Dippolito. On August 5, 2009, the producers and camera crew for the COPS television show got more than they bargained for when they were invited along to film the resolution of a five day investigation, which started when a convenience store owner reported that his “girlfriend” was trying to hire someone to kill her husband. They looked at the evidence against Dippolito, her first trial and successful direct appeal and her attorneys' attempt to have the charges dismissed using the presence of COPS cameras to undermine the evidence against their client.

    Episode 5 - NJ v McGuire: The Drama Queen Goes Down

    Play Episode Listen Later May 22, 2024 101:01


    In Episode 5, State of New Jersey v. Melanie McGuire, Lisa and Kyle talked about the case against Melanie McGuire. Between May 5 and May 16, 2004, three suitcases containing dismembered human remains washed up near the Chesapeake Bay Bridge-Tunnel in Virginia. The remains inside the cases were identified as Bill McGuire, a New Jersey computer program analyst. In 2007, his wife, Melanie, was convicted of first degree murder, possession of a weapon for an unlawful purpose, desecration of human remains and perjury. In July, 2007, she was sentenced to life in prison, plus five years, making her ineligible for parole until 2073. We'll talk about Bill's disappearance, the McGuires' troubled marriage and the evidence against McGuire, along with the course of her direct appeal and post-conviction claims since her 2007 conviction.

    Episode 4 - Oklahoma v Scott James Eizember: No Good Deed Goes Unpunished

    Play Episode Listen Later May 22, 2024 96:45


    In Episode 4, guest co-host, Roberta Glass, joined Lisa to talk about the case against Scott James Eizember was executed in January, 2023, for the 2003 capital murder of AJ Cantrell in Depew, Oklahoma. Lisa and Roberta talked about the facts of the case, the trial, direct appeal and post-conviction proceedings, including arguments by Eizember and his advocates blaming Mr. Cantrell for his wife's death and alleging that Eizember acted in self-defense when he killed Mr. Cantrell.

    Episode 3 - State of Tennessee v. Janet Elaine Hinds: Don't Drink and Drive

    Play Episode Listen Later May 22, 2024 76:27


    In Episode 3, State of Tennessee v. Janet Elaine Hinds, Lisa and Kyle looked at the case against Janet Hinds, who was charged with vehicular homicide by intoxication after she struck and killed Chattanooga Police Officer Nicholas Galinger on the night of February 23, 2019. In April, 2019, Hinds was also charged with reckless driving, leaving the scene of an accident resulting in the death of another, failure to report an accident, failure to render aid, violation of traffic control device, speeding, failure to exercise due care, failure to maintain appropriate lane and DUI. Lisa and Kyle looked at the case against Hinds, her 2021 trial and direct appeal.

    Episode 2 - State of Maryland v. James Allen Kulbicki: Third Time's the Charm

    Play Episode Listen Later May 9, 2024 90:44


    In Episode 2, State of Maryland v. James Allen Kulbicki, Lisa and Kyle looked at the case against Kulbicki, a former Baltimore City police sergeant, who was convicted of the murder of Gina Marie Nuelsein in January of 1993. After a brief affair, Gina gave birth to a son in September, 1991. At the time of her murder, she was seeking child support from Kulbicki. They talked about the case against Kulbicki, including the reinstatement of his conviction by the U.S. Supreme Court and the 2020 order of the Maryland Court of Special Appeals granting Kulbicki's petition for writ of actual innocence.

    Season 3, Episode 1 - Updates

    Play Episode Listen Later May 9, 2024 111:55


    Welcome to Season 3 of Based in Fact: A True Crime Podcast with your hosts, Lisa O'Brien and Kyle Evans. In Episode 1, Updates, Kyle and Lisa talked about the new developments in cases covered in Seasons 1 and 2, including TX v. Rodney Reed, OK v. Richard Glossip, TX v. Melissa Lucio and NC v. Molly Martens Corbett and Thomas Martens. They also looked ahead to some of the cases they'll talk about in Season 3.

    Episode 15 - Arizona v Jodi Ann Arias, Pt 2: The Lies Continue

    Play Episode Listen Later Jan 20, 2024 145:45


    In Episode 15, Arizona v. Jodi Ann Arias, Part 2, Lisa and Kyle continue their look at the 2008 murder of Travis Alexander, re-cap the five year pre-trial period after Arias' 2008 arrest and indictment and her trial, which began with jury selection in December, 2012. They then looked at her direct appeal, which was decided in March and April, 2020, the disbarment of Arias' first chair attorney L. Kirk Nurmi and prosecutor Juan Martinez. Finally, they looked at her pending state post-conviction claim currently making its way through state court in Arizona.

    Episode 14 - Arizona v Jodi Ann Arias, Pt. 1 : Liar, Liar

    Play Episode Listen Later Jan 20, 2024 113:28


    In Episode 14, Kyle and Lisa looked at State of Arizona v. Jodi Ann Arias. On the evening of June 9, 2008, Travis Alexander was found murdered in the floor of the shower in his house in Mesa, AZ. He'd been stabbed multiple times, including a fatal wound in his chest, shot in the head and his throat had been slit. Fingers were immediately pointed at Jodi Arias, a former girlfriend and failed waitress/salesperson/photographer from Northern California. Travis and Arias had been engaged in a sexually charged on-off relationship since their first meeting in September, 2006. Forensic evidence found at the scene soon confirmed Arias' presence in the house at the time of Travis' murder and she was indicted and arrested in July, 2008. Initially, Arias denied being in Mesa, even in the face of date-stamped photographs of her in Travis' bed, naked on the day of the murder. When that story didn't work, Arias told a tall tale of a male and female intruder wearing ski masks that Arias called "beanies over their faces," who entered the house to kill Travis and threaten her. In Part 1, Lisa and Kyle talked about the brief relationship between Travis and Arias, Arias' odd and disturbing behaviors, including her extreme violations of Travis' privacy, Travis' murder and the pre-trial period between Travis' murder on June 4, 2008 and Arias' trial, which began in December, 2012 with jury selection.

    Episode 13 - New York v. Ronald Joseph Defeo, Jr. - The Amityville Horror: Haunting or Hoax?

    Play Episode Listen Later Nov 2, 2023 188:22


    In Episode 13, Lisa is joined by Roberta Glass, of The Roberta Glass True Crime Report, for a look at the case of State of New York v. Ronald Joseph Defeo, Jr.. Defeo murdered his father, mother, two sisters and two brothers in the early morning hours of November 13, 1974. Defeo was arrested, tried and convicted in November, 1975. Lisa and Roberta talked about the murders, Defeo's trial, conviction and sentence and the claims made by George and Kathy Lutz, who bought the house in December, 1975. The Lutz family's claims of paranormal activity in the house during their 28 days there led to the book, "The Amityville Horror," by Jay Anson. They also talked about the controversy surrounding the Lutz' claims and the allegations made by William Weber, Defeo's trial attorney, who claimed that the haunted house story was hatched over multiple bottles of wine with the Lutzes.

    Episode 12 - Notable Supreme Court Cases - Part 3: 1995-2010

    Play Episode Listen Later Nov 2, 2023 164:46


    In Episode 12, Notable Supreme Court Cases, Part 3 Kyle and Lisa talked about cases decided between 1995 and 2010, including Schlup, Atkins, Roper, Crawford, House and Panetti. They looked at the background of each case, the issues raised by the Petitioners and the decisions of the Supreme Court. We are open to suggestions for any cases we missed and we will do this again next season.

    Episode 11 - Notable Supreme Court Cases - Part 2: 1985-1994

    Play Episode Listen Later Nov 2, 2023 195:37


    In Episode 11, Notable Supreme Court Cases, Part 2, Lisa and Kyle talked about cases decided between 1985 and 1994, including Ake v. Oklahoma, US v. Bagley, Coleman v. Thompson, Ford v. Wainwright, Murray v. Carrier, Sawyer v. Whitley, Herrera v. Collins and Tison v. Arizona. They briefly looked at the background of each case, the issues raised by the Petitioners and the decisions of the Supreme Court. Finally, they talked about the outcome of several notable cases.

    Episode 10 - Notable Supreme Court Cases - Part 1: 1923-1984

    Play Episode Listen Later Nov 2, 2023 169:53


    Lisa and Kyle return for Season 2, Episode 10, Notable Supreme Court Cases, Part 1, which includes some of the cases that have been mentioned in the context of state and federal post-conviction litigation for Rodney Reed, Richard Glossip and the West Memphis Three, among others. Today, they talked about cases decided between 1923 and 1984, including Napue, Brady, Gideon v. Wainwright, In Re: Winship, Giglio, Miranda, Furman, Gregg and Strickland. We'll look briefly at the background of each case, the issues raised by the Petitioners and the decisions of the U.S. Supreme Court.

    Episode 9 - Oklahoma v. Anthony Castillo Sanchez: DNA Trumps Hearsay

    Play Episode Listen Later Aug 22, 2023 212:29


    In Episode 9, Lisa and guest co-host Robb Chadwick took a look at Oklahoma v. Anthony Sanchez . In July, 2004, Sanchez was linked to the December 20, 1996 kidnapping, rape and murder of OU graduate Jewell "Juli" Busken via a cold case DNA hit. They discussed the evidence against Sanchez, his trial, direct appeal and state and federal post-conviction claims, including his recent actual innocence claim, pointing the finger at his deceased father, Thomas Glen Sanchez, who allegedly began confessing to the murder in July, 2020 and continued making inculpatory statement until his April, 2022 suicide.

    Episode 8 - State of Oklahoma v. Richard Glossip: Update, Part 2

    Play Episode Listen Later Jul 4, 2023 187:04


    Lisa and Kyle continue their review of the case against Richard Glossip, who was convicted of the 1997 murder-for-hire of his boss, Barry Van Treese. In Part 2, they talked about the 2022 propaganda campaign being waged by his advocates in the media and his 2022 state post-conviction claims. They continued their discussion of the two writs currently pending at the U.S. Supreme Court, the result of the Oklahoma Attorney General's “independent” investigation that we learned was directed by Reed Smith and, by extension, Don Knight and the disposition of Glossip's 2023 state post-conviction application, the shenanigans involved in that process, Glossip's clemency hearing and his challenge to those proceedings in the Oklahoma County district court. Finally, they talked about Glossip's 2nd writ pending before the U.S. Supreme Court.

    Episode 7 - State of Oklahoma v. Richard Glossip: Update, Part 1

    Play Episode Listen Later Jun 25, 2023 135:05


    In Episode 7, Oklahoma v. Richard Glossip: Update, Part 1, Kyle and Lisa talked about Glossip's state post-conviction claims, including his 2015 claims and the 1st and 2nd claims filed in 2022, including the supplemental findings of Reed Smith.

    Episode 6 - State of Texas v. Rodney Reed: How Much DNA in Enough?

    Play Episode Listen Later Jun 25, 2023 145:30


    In Episode 6, Lisa and Kyle talk about State of Texas v. Rodney Reed, including Reed's state court litigation seeking DNA testing, the agreed DNA testing outside Chapter 64 and the results and Reed's federal challenge to the state court DNA procedures, which included U.S. Supreme Court opinion that returned Reed's challenge to Texas' DNA testing statute to the Fifth Circuit Court of Appeals. They also talked about what that development really means and the DNA evidence underlying Reed's conviction for the murder of Stacey Stites.

    Episode 5 - State of North Carolina v. Molly Martens Corbett and Thomas Martens: Selfishness, Not Self-Defense

    Play Episode Listen Later Jun 4, 2023 153:33


    In Episode 5, Lisa and Kyle look at the case of State of North Carolina v. Molly Martens Corbett and Thomas Michael Martens. Martens, a former FBI agent, and his daughter are awaiting re-trial for murder in North Carolina. In the early morning hours of August 2, 2015, Molly's husband, Jason Corbett was beaten to death with a paver wielded by his wife and a child's bat wielded by his father-in-law, Martens. Their self-defense claims were quickly rejected by investigators, who presented the case to a grand jury that indicted the pair for 2nd Degree Murder and Voluntary Manslaughter. Kyle and Lisa talk about the evidence against Molly and Martens, their initial trial and state appellate claims and the appellate court decisions that granted their new trial requests.

    Episode 4 - State of Texas v. Howard Paul Guidry: Why Did He Kill Farah?

    Play Episode Listen Later Apr 30, 2023 124:25


    In Part 3, Lisa and Kyle conclude their discussion of the 1994 murder-for-hire of Farah Baquer Fratta, a mother of three gunned down in her garage in Humble, Harris County, Texas. In Parts 1 and 2, they talked about the case against Farah's estranged husband, Robert Fratta, who was executed on January 10, 2023 and Joseph Prystash, a felon and gym rat who acted as Fratta's middleman. In this episode, they talk about the case against Howard Paul Guidry, the trigger man. They talk about the case against Guidry, his first trial and conviction, which was vacated by a federal judge in September 2003, his re-trial, direct appeal and state and federal post-conviction claims, which concluded with the denial of Guidry's petition to the United States Supreme Court in 2022.

    Episode 3 - State of Texas v. Joseph Andrew Prystash: The Middleman's Role

    Play Episode Listen Later Mar 24, 2023 88:59


    In Part 2, Lisa and Kyle continue discussing the 1994 murder-for-hire of Farah Baquer Fratta, a mother of three gunned down in her garage in Humble, Harris County, Texas. In Part 1, they talked about the the case against Farah's estranged husband, Robert Fratta, who was executed on January 10, 2023. In Part 2, they look at the case against the middleman, Joseph Prystash, a felon and gym rat with Fratta at the President and First Lady Health Club in Harris County. They talk about the evidence against Prystash, his capital murder conviction, direct appeals and state and federal post-conviction claims.

    Episode 3 - State of Texas v. Joseph Andrew Prystash: The Middleman's Role

    Play Episode Listen Later Mar 24, 2023 88:59


    In Part 2, Lisa and Kyle continue discussing the 1994 murder-for-hire of Farah Baquer Fratta, a mother of three gunned down in her garage in Humble, Harris County, Texas. In Part 1, they talked about the the case against Farah's estranged husband, Robert Fratta, who was executed on January 10, 2023. In Part 2, they look at the case against the middleman, Joseph Prystash, a felon and gym rat with Fratta at the President and First Lady Health Club in Harris County. They talk about the evidence against Prystash, his capital murder conviction, direct appeals and state and federal post-conviction claims.

    Episode 2 - State of Texas v. Robert Alan Fratta: Ineffective Pro Se Representation

    Play Episode Listen Later Mar 15, 2023 101:46


    In Part 1, Lisa and Kyle talked about the 1994 murder-for-hire of Farah Baquer Fratta, a mother of three gunned down in her garage in Humble, Harris County, Texas. In Part 1, State of Texas v. Robert Alan Fratta, they examined the case against Farah's estranged husband. They talked about the evidence against Fratta and his initial conviction, as well as his 2009 re-trial, direct appeals and state and federal post-conviction claims. Finally, they talked about the last-minute claims made in an unsuccessful effort to stop his execution on January 10, 2023.

    Episode 1 - Updates

    Play Episode Listen Later Feb 8, 2023 144:42


    In Season 2, Episode 1, Kyle and Lisa update the cases and topics covered during Season 1, including recent events and developments in Texas v. Reed, Echols v. Arkansas, Oklahoma v. Glossip and Texas v. Skinner. They talked about the executions of James Coddington, Benjamin Cole and Richard Fairchild and Oklahoma's challenge to the federal Bureau of Prison's interference in the execution of John Fitzgerald Hanson. Finally, they talked about some of the cases they'll talk about during Season 2.Intro: Roberta GlassArtwork: Ati Abdo MacDonaldAudio Editor: Emily Walker

    Episode 20 - State of Texas v. Henry Watkins "Hank" Skinner: How Much DNA is Enough DNA?

    Play Episode Listen Later Jan 7, 2023 110:26


    In Episode 20, Kyle and Lisa conclude their discussion of State of Texas v. Henry Watkins Skinner. Skinner was convicted of capital murder and sentenced to death in 1995 for the New Year's Eve 1993 murders of his girlfriend, Twila Busby and her sons, Randy Busby and Elwin Caler in Pampa, Texas. Skinner, the only member of the household to walk away that New Year's morning, initially admitted that he fought with Twila, but blamed her for the deaths of her sons. Early DNA testing linked Twila and Elwin to the blood soaked pants Skinner was wearing when he was arrested and testing done by the DA in 2000 further linked him to the murders. In 2001, Skinner began pursuing DNA testing in the Texas courts. In Part 2, we'll recap the evidence against Skinner, his direct appeal and post-conviction claims in state and federal court and wrap up our look at the case with a discussion of the DNA testing proceedings, agreed DNA testing conducted in 2012 and the courts' resolution of Skinner's actual innocence claims based on those results.Intro: Roberta GlassCover Art: Ati Abdo MacDonaldAudio Editing: Emily Walker

    Episode 19 - State of Texas v. Henry Watkins Skinner: Justice Delayed Too Long

    Play Episode Listen Later Jan 7, 2023 114:16


    In Episode 19, Kyle and Lisa talked about State of Texas v. Henry Watkins "Hank" Skinner. In 1995, Skinner was convicted of capital murder and sentenced to death for the December 31, 1993 murders of his girlfriend, Twila Busby and her sons, Randy Busby and Elwin Caler in Pampa, Gray County, Texas. Skinner has admitted that he was in the house when the murders occurred and he was the only member of the household to walk away that New Year's morning. Early DNA testing linked Twila and Elwin to the blood soaked clothing Skinner was wearing when arrested. In 2001, he began pursuing DNA testing in the Texas courts. After his second request was denied in 2009, he sought relief under 42 U.S.C. §1983 in federal court, pursuing his claim all the way to the U.S. Supreme Court. In Part 1, Lyle and Lisa talk about the evidence against Skinner, his direct appeal and post-conviction claims in state and federal court. Finally, they talked about the impact of Skinner v. Switzer on Skinner's case and his pursuit of DNA testing in state court.

    Episode 18 - Oklahoma v. John Fitzgerald Hanson - Feds Block Execution

    Play Episode Listen Later Nov 24, 2022 112:03


    Kyle and Lisa look at State of Oklahoma v. John Fitzgerald Hanson. Hanson was facing execution on December 15, 2022 for the 1999 murder of Mary Bowles. Hanson and his partner, Victor Miller, kidnapped Mary from a Tulsa mall on August 31, 1999. They brought her to a dirt pit in Owasso, where they encountered the owner, Jerald Thurman. Miller shot Mr. Thurman, then Hanson took Mary from the car and shot her to death as she lay in a ditch. We'll talk about the case against Hanson, his trial, direct appeal, resentencing trial, 2nd direct appeal, post-conviction claims and the life sentence in federal prison. In keeping with the current administration's stance against the death penalty, Bureau of Prison officials denied Oklahoma's transfer request. The federal officials' decision to act outside their legal authority has prevented the State of Oklahoma from carrying out Hanson's lawfully imposed sentence.Audio Editor: Emily Walker

    Episode 17 - Oklahoma v. Richard Fairchild: Adam's Death Was NOT An Accident

    Play Episode Listen Later Oct 18, 2022 97:41


    In Episode 17, Kyle and Lisa looked at the case against Richard Fairchild, who was convicted of the November 14, 1993 murder of his girlfriend's son, Adam Scott Broomhall. In a drunken rage, Fairchild struck, beat and burned the 3-year old, then threw him into a table, inflicting a fatal head injury. While advocates for Fairchild have never claimed he is actually innocent, they have challenged the OK Court of Criminal Appeal's holding that child abuse murder is a crime of general intent and have challenged Fairchild's culpability due to his alcohol and drug use and claims that he suffered from organic brain damage caused by multiple head injuries sustained during falls, fights and amateur boxing. They looked at the details of the crime, Fairchild's trial, direct appeal and state and federal post-conviction claims, along with his application for clemency ahead of his execution, currently scheduled for November 17, 2022. Audio Editor: Emily Walker

    Episode 16 - State of Oklahoma v. Benjamin Robert Cole: Brianna's Life Cut Short

    Play Episode Listen Later Sep 26, 2022 114:05


    In Episode 16, Kyle and Lisa looked at the case against Benjamin Cole, who is scheduled to face execution in Oklahoma on October 20, 2022. On December 20, 2002, Cole killed his 9-month old daughter, Brianna while his wife was out of their home doing laundry.  We'll talk about the crime, Cole's trial, his appeals and post-conviction claims, which have included multiple attempts by his attorneys to challenge his competency in both state and federal court.  We'll also address some of the misconceptions regarding criminal culpability and competency to be tried and/or executed in the context of the legal system.

    Episode 15 - OK v. James Allen Coddington: He Is Not The Victim in This Case

    Play Episode Listen Later Sep 17, 2022 120:45


    In Episode 15, Kyle and Lisa looked at the case against James Allen Coddington. In March, 1997, Coddington murdered his friend, 73-year old Albert Troy Hale, when Mr. Hale refused to lend him money to fuel a drug binge.  They talked about the case against Coddington, his trial, resentencing and direct appeals, along with his state and federal post-conviction claims. They also talked about the controversy surrounding his August 25, 2022 execution and the information put forth by his advocates regarding his alleged remorse and the facts of his case. They also marked the 21st Anniversary of the 09/11 attacks on New York, NY and Washington, DC and the tragic loss of lives in Shanksville, PA. Finally, they paid tribute to Her Majesty, Queen Elizabeth II, who passed away on 09/08/2022. Queen Elizabeth II - 1926-2022

    Episode 14 - Oklahoma v. Richard Glossip - The Propaganda Gets Deeper

    Play Episode Listen Later Aug 8, 2022 155:33


    In Episode 14, Kyle and Lisa wrap up their look at State of Oklahoma v. Richard Eugene Glossip, who was convicted of arranging the January 7, 1997 murder of Barry Van Treese, his boss at the Best Budget Inn in Oklahoma City.  Part 1, looked at the case against Glossip, the legal proceedings that included 2 trials, a direct appeal and state and federal post-conviction claims.  Part 2, covered Glossip's 2015 execution dates, his challenge to Oklahoma's use of midazolam in its execution protocol, the successive post-conviction claims raised by Colorado attorney Don Knight and his campaign in the court of public opinion, including the efforts by Oklahoma Legislators.  In Part 3, they talked about the continued campaign on Glossip's behalf in the court of public opinion, the investigation conducted by anti-death penalty advocates from Reed Smith, LLP and their claims of “new evidence.”  Finally, they briefly previewed Glossip's 2022 post-conviction claims and the process leading up to his execution which has been scheduled for September 22, 2022.

    Episode 13 - Oklahoma v. Richard Glossip: The Propaganda Redux

    Play Episode Listen Later Jul 24, 2022 157:39


    In Episode 13, Kyle and Lisa talk about State of Oklahoma v. Richard Eugene Glossip, who was was convicted of arranging the murder of his boss, Barry Van Treese, at the Best Budget Inn in Oklahoma City on January 7, 1997.  In Part 1, they looked at the case against Glossip, the legal proceedings that included 2 trials, a direct appeal and state and federal post-conviction claims.  In Part 2, they talked about Glossip's 2015 execution dates, his challenge to Oklahoma's use of midazolam in its execution protocol and the September date that did not go forward because of a drug mix-up.  Then they talked about the efforts of Colorado attorney Don Knight in the court of public opinion, Glossip's successive state post-conviction claim and renewed efforts to influence the court of public opinion by Oklahoma Legislators.

    Episode 12 - Oklahoma v. Richard Glossip: The Real Evidence

    Play Episode Listen Later Jul 3, 2022 160:15


    In Episode 12, Part 1, Kyle and Lisa talk about the January 7, 1997 murder of motel owner Barry Van Treese in Oklahoma City, OK. The motel manager, Richard Eugene Glossip, was convicted of arranging that the murder with motel maintenance man Justin Sneed. After Sneed killed Van Treese, he and Glossip split about $4,000.00 in cash taken from under the front seat of Van Treese's car. Glossip came under suspicion not because of Sneed, but due to the fact that he admitted that Sneed confessed committing the murder to him and multiple inconsistent statements he made to motel employees and police about Mr. Van Treese's whereabouts on the morning after his murder. Kyle and Lisa talked about Glossip's legal proceedings, which included 2 trials, direct appeal and state and federal post-conviction claims.

    Bonus - State of Arkansas v. Damien Echols: DNA Testing Denied - with Rick Mullenax

    Play Episode Listen Later Jun 25, 2022 103:42


    In this bonus episode, I talked to Rick Mullenax of Burn After Reading, whose WM3 episodes include "Perception Isn't Always Reality" and The Forgotten West Memphis Three," which is a review of Bob Ruff's Oxygen series. Rick and I talked about his examination of the WM3 case, future episodes on his YouTube channel and the denial of Echols' request for additional DNA testing that was issued by Judge Tonya Alexander on Thursday, June 23, 2022. We also talked about the next steps and the potential implications of Echols' planned appeal.

    Episode 11 - West Memphis Three - 29 Years Later

    Play Episode Listen Later Jun 6, 2022 103:56


    In Episode 11, Kyle and Lisa talk about the May 5, 1993 murders of Christopher Byers, Steve Branch and Michael Moore, in West Memphis, Arkansas.  Their bodies were found bound and naked in a ditch in an area known to locals as “Robin Hood Hills,” a patch of woods bordering the boys' subdivision.  On June 3, 1993, Damien Echols, Jason Baldwin and Jessie Misskelley, Jr. were arrested after Miskelley confessed to West Memphis detectives.  The three were convicted after two separate trials in 1994.  Their campaign in the court of public opinion started with Paradise Lost:  The Child Murders in Robin Hood Hills and continues today with press releases alleging that the State of Arkansas has an obligation to allow re-testing of DNA evidence.  Kyle and I will talk about the evidence against the three killers, their direct appeals and state post-conviction claims and outcomes, the inconclusive DNA testing conducted between 2005 and 2011 and the Alford pleas, which were entered instead of the three killers presenting their allegedly exculpatory evidence at new trial hearings that were set to begin in December, 2011.  

    Episode 10 - Kentucky Oaks and Kentucky Derby 2022 with Joe Nevills and Natalie Voss Nevills

    Play Episode Listen Later May 2, 2022 142:47


    In Episode 10, Lisa talked to Joe Nevills (and Natalie Voss Nevills) about the 148th Kentucky Oaks and Kentucky Derby being held on May 6 and May 7, 2022.  Lisa has loved horses and ponies all of her life and has been a fan of horse racing since Secretariat won the Triple Crown in 1973.  She's experienced the joy of seeing five Triple Crown winners in her lifetime and the heartbreak when young horses like Ruffian, Eight Belles and Barbaro couldn't be saved after an injury.  Our lives have highs and lows, but we keep moving forward and horse racing is no different.   Those connected to the industry do what they do because they love the horses and they love the sport.  Her first guest, Joe Nevills, is the Bloodstock Editor at The Paulick Report, a turf writer, Arabian enthusiast and expert and Eclipse Award winner for his feature article Biting the Dust: A Long Goodbye to Mount Pleasant Meadows.  Joe's love for horses comes from his family's Belgian draft horses and his grandfather's thoroughbreds who raced on Michigan tracks.  Her second guest was Natalie Voss Nevills, 3-time Eclipse award winning writer and Editor-in-Chief at The Paulick Report, who has embarked on a new journey with OTTB Underscore, lovingly known as Blueberry.  Natalie's 2020 Eclipse Awards were for articles in both the writing and feature/commentary categories.  Her feature article was titled, “An Angel on His Shoulder”  This Thoroughbred's Fate was Writen in Ink.

    Episode 9 - State of Texas v. Melissa Elizabeth Lucio: The Death of Mariah Alvarez

    Play Episode Listen Later Apr 27, 2022 134:04


    In Episode 9, Kyle and Lisa talked about State of Texas v. Melissa Elizabeth Lucio. Lucio was convicted and sentenced to death in connection with the February 17, 2017 death of her 2-year old daughter, Mariah Alvarez. During five hours of interrogation, Lucio admitted abusing Mariah to investigators and denied that her husband or children inflicted the many bruises and injuries observed on Mariah's body. Lucio also insisted that Mariah's fatal injuries were sustained two days before her death as the result of a fall down a flight of stairs. Recently, the Innocence Project inserted itself into the case, claiming that Mariah was never abused and bringing experts into the case to bolster their claim that Mariah's fatal injuries and extensive bruising were the result of a fall and clotting disorder. They talked about the evidence against Lucio, the twisted version of events being presented by the IP and the claims that led the Texas Court of Criminal Appeals to grant Lucio a stay of execution and remand four of her successive state post-conviction claims to the trial court for further development. For more information about next week's guests, you can find articles at paulickreport.com, www.joenevills.com and www.natalievoss.com.

    Episode 8 - The Murder of Dorothy Stratten

    Play Episode Listen Later Apr 11, 2022 126:44


    In Episode 8, Kyle and Lisa discuss the August 14, 1980 murder of Playboy Playmate, Dorothy Stratten.  Dorothy was more than a pretty face, who stepped off the pages of Playboy and onto our television and theater screens.  During the two years between her arrival in Los Angeles and her casting in the movie They All Laughed, Dorothy grew from a shy, confused little girl into a confident woman, who knew what she wanted and knew how to stand up for herself.  Unfortunately, that meant that Dorothy quickly outgrew her hustler boyfriend, later her husband, Paul Snider.  While Snider had some success with promoting car shows and events in Vancouver, they never made enough money to support his extravagant tastes, which included expensive sports cars and a jewel encrusted Star of David pendant.  They talked about Dorothy's early life, her family, her relationship with the older Snider, their eventual marriage and her meteoric rise to stardom, which ended when her husband placed the barrel of a shotgun to her face and pulled the trigger.

    Episode 7 - New York v. Carolyn Warmus: The Fatal Attraction Murder

    Play Episode Listen Later Apr 5, 2022 153:43


    In Episode 7, Lisa and Kyle talked about the State of New York v. Carolyn Warmus.  On January 15, 1989, Betty Jeanne Solomon was found by her husband, Paul Solomon, in their condo in Greenburgh, Westchester County, New York.  The investigation initially focused on Paul Solomon, who had engaged in an extra-marital affair with a younger woman, Carolyn Warmus.  During the Summer of 1989, investigation of Warmus' phone records led detectives to a PI named Vinnie Parco.  Parco eventually admitted to illegally selling Warmus a gun and silencer in the weeks before Betty Jeanne's murder.  Warmus' indictment and arrest in February, 1990, led the media to refer the case as “The Fatal Attraction Murder.” After two trials, Warmus was convicted of 2nd Degree Murder and 2nd Degree Criminal Possession of a Weapon and sentenced to 25 to Life on the murder charge and 5-15 on the weapons charge.  They covered the evidence against Warmus, her troubled relationship history, her trials, conviction, appeals and her continued claims of wrongful conviction.

    Episode 6 - Arkansas v. Damien Echols - DNA Propaganda Exposed

    Play Episode Listen Later Mar 27, 2022 150:08


    In Episode 6, Kyle and Lisa talk about the May 5, 1993 murders of Christopher Byers, Steve Branch and Michael Moore, in West Memphis, Arkansas.  Their bodies were found bound and naked in a ditch in an area known to locals as “Robin Hood Hills,” a patch of woods bordering the boys' subdivision.  Damien Echols, Jason Baldwin and Jessie Misskelley, Jr. were arrested in June, 1993 and convicted after two separate trials in 1994.  Beginning in 2002, the three began a 9-year saga of DNA testing that ended with inconclusive results and an Alford plea deal proposed by the killers' attorneys in July, 2011.  In 2017, podcaster Bob Ruff requested additional DNA testing using MVac, a collection method that had been in use in Utah since 2011.  Ruff falsely led viewers to believe that the prosecutor was obligated to grant his request for testing, in spite of his lack of agency or authority on behalf of the killers.  When Ruff's efforts proved unsuccessful, Echols' attorneys stepped in to continue the propaganda campaign.  Kyle and I will talk about the request for testing by Echols' attorneys and the propaganda campaign that continues with Echols' request for DNA testing made in January, 2022.

    Bonus - Oklahoma Developments - HB3903, Glossip, Jones and Doyle Resigns - Oh My!

    Play Episode Listen Later Mar 7, 2022 83:54


    In this bonus episode, I'm joined by Amy Kingry and Jennifer Harmon to talk about the recent developments in Oklahoma, including the pardon and parole reform bill that was passed in committee last week, the propaganda campaign by the bill's opposition, the Oklahoma lethal injection trial, the grand jury investigation into the release of Lawrence Anderson and the recent and abrupt resignation of Kelly Doyle from the Pardon and Parole Board.  We'll also talk about what that resignation means to the make-up of the board.  About Amy: Amy, a native of Edmond, Oklahoma, has been a paralegal in Oklahoma City for 21 years.  She's a co-founder of the Oklahoma Victims Innocence Project. OKVIP is a community organization dedicated to supporting victims/survivors of violent crime as they navigate post-conviction litigation.  OKVIP's goal is to let victims of violent crimes know that they have a voice to speak the truth, even if their voices shake. About Jennifer: Jennifer, a native of Tulsa, Oklahoma, is a community advocate, Alert Neighbor and a Navy veteran.  She holds a Master of Divinity from Phillips Theological Seminary and is a co-founder of Oklahoma Victims Innocence Project. In 2011, she co-founded Justice For Peggy Gaytan, a city-wide publicity campaign comprised of residents across Tulsa, local media, and small business owners, which was instrumental in helping police make an arrest in the December 22, 2011 murder of grandmother Peggy Gaytan. Oklahoma Victims Innocence Project: Facebook: https://www.facebook.com/theokvip Twitter: https://twitter.com/okvictimsrights Instagram: http://instagram.com/ok_vip_1?fbclid=IwAR2ickQjS__9uTQpU3dex-mv8X-9x4k2mGp-81zAx8PfJj4wKHluhsegCh8 (@ok_vip_1)

    State of Texas v. Hartsfield and Pinkerton - The KFC Murders

    Play Episode Listen Later Feb 27, 2022 73:23


    In Episode 5, Lisa is joined by guest co-host Kyle to talk about the 1983 KFC Murders.  September 23, 1983 was a typical night in Kilgore, Texas, with families attending football games and ordering take-out for dinner.  At the Kentucky Fried Chicken restaurant, something went horribly wrong at or near closing time.  On Saturday, September 24th, the bodies of KFC employees Mary Tyler, Opie Hughes and Joey Johnson, along with friends David Maxwell and Monty Landers were found off an oil lease road in Rusk County, about 14 miles from the restaurant.  All five had been shot to death, with at least 2 different guns.  Initially, the only leads came from rumors and town gossip.  The case went cold until DNA testing identified blood found on evidence inside the restaurant belonging to Tyler, Texas cousins Darnell Hartsfield and Romeo Pinkerton.  We'll talk about the lengthy and fruitless investigation hampered by technology that was primitive by today's standards and the lack of solid leads or links to suspects.  Finally, we'll talk about the ultimate convictions of Pinkerton, who pled guilty during his capital murder trial and Hartsfield, who was convicted by a jury at trial.

    OK v. Richard Glossip - Same Claims, Different Attorneys

    Play Episode Listen Later Feb 24, 2022 85:20


    In this bonus episode, Lisa is joined by Oklahoma Victims Innocence Project's Jennifer Harmon to talk about the 02/22/22 press conference announcing the launch of an "independent" investigation into the case of Richard Glossip, who was convicted of the 1997 murder-for-hire of motel owner Barry Van Treese. Lisa and Jennifer talked about the facts and evidence linking Glossip to the murder, including his own words and actions in the hours after Mr. Van Treese was killed.

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