"Justice on Trial" Episode #1.2

1 00:00:11,971 --> 00:00:12,971 [grunts] 2 00:00:14,223 --> 00:00:15,808 [groans] 3 00:00:17,935 --> 00:00:19,019 Why? 4 00:00:20,312 --> 00:00:22,481 You know very well why. 5 00:00:22,565 --> 00:00:24,525 My mom gave me that car. 6 00:00:24,608 --> 00:00:26,068 Now you're giving it to us. 7 00:00:26,152 --> 00:00:27,862 Maybe we should just, you know... 8 00:00:27,945 --> 00:00:29,488 Shut up, Tim. 9 00:00:29,572 --> 00:00:30,781 This is the plan. 10 00:00:31,782 --> 00:00:33,075 I'm sorry, Chris. 11 00:00:34,285 --> 00:00:37,788 But our dealer is gonna kill us if we don't come up with the money. 12 00:00:39,206 --> 00:00:40,499 I thought we were friends. 13 00:00:43,335 --> 00:00:45,171 Well, that's what makes this so hard. 14 00:00:45,254 --> 00:00:47,381 -[gasps] -[smashes] 15 00:00:51,093 --> 00:00:53,971 Look, I'm just trying to get my car back out of the impound. 16 00:00:54,054 --> 00:00:56,056 I already got it sold. 17 00:00:56,140 --> 00:00:58,392 Well, here's the problem that we have, Mr. Dixon. 18 00:00:58,476 --> 00:01:01,479 We know that you falsified a driver's license 19 00:01:01,562 --> 00:01:04,022 with Chris Hammer's name and your photo. 20 00:01:04,105 --> 00:01:07,318 You forged his signature and tried to sell his stolen car. 21 00:01:08,861 --> 00:01:11,113 It wasn't stolen. Chris is a friend of mine. 22 00:01:11,197 --> 00:01:12,615 He asked me to sell it for him. 23 00:01:12,698 --> 00:01:15,284 Mm. Which brings us to problem number two. 24 00:01:15,367 --> 00:01:17,536 Chris Hammer's been reported missing by his mother. 25 00:01:17,620 --> 00:01:20,581 So, either you call your friend 26 00:01:20,664 --> 00:01:23,834 and have him come down here and straighten all this out, 27 00:01:23,918 --> 00:01:26,545 or I'm gonna have to arrest you on charges of forgery. 28 00:01:26,629 --> 00:01:29,381 I mean, I think Chris is out of town. 29 00:01:29,465 --> 00:01:31,884 Cut the crap, Mr. Dixon. 30 00:01:31,967 --> 00:01:35,012 There's video footage of you trying to sell the car to the dealer. 31 00:01:35,095 --> 00:01:36,347 He I.D.'d you already. 32 00:01:36,430 --> 00:01:38,348 Even if your story is true, 33 00:01:38,432 --> 00:01:42,186 you still tried to falsify documents and signed them for financial gain. 34 00:01:42,269 --> 00:01:44,854 But if you confess to the forgery, 35 00:01:44,939 --> 00:01:47,399 I can make things go a lot easier with the D.A. 36 00:01:47,483 --> 00:01:50,027 Maybe he can look the other way on the stolen car. 37 00:01:50,110 --> 00:01:53,906 What about my rights? Don't I get a lawyer? Something? 38 00:01:53,989 --> 00:01:57,201 What you get is a chance to put all this behind you 39 00:01:57,283 --> 00:01:59,203 without making it a lot worse. 40 00:02:00,454 --> 00:02:02,289 Well, or we can do this the hard way. 41 00:02:03,374 --> 00:02:04,416 It's your choice. 42 00:02:07,920 --> 00:02:11,757 I'm Judy Sheindlin. Before I was a judge on TV, 43 00:02:11,841 --> 00:02:14,760 I was a judge in New York City for 15 years, 44 00:02:14,844 --> 00:02:17,513 and a lawyer for 17 years before that. 45 00:02:17,596 --> 00:02:19,890 While serving on both sides of the bench, 46 00:02:19,974 --> 00:02:22,810 I learned that justice doesn't always end up feeling... 47 00:02:22,893 --> 00:02:24,103 just. 48 00:02:24,186 --> 00:02:27,731 Sometimes, the impact of one decision by a police officer, 49 00:02:27,815 --> 00:02:32,069 a lawyer, or even a judge, can change the way justice is delivered. 50 00:02:33,237 --> 00:02:36,365 We're going to demonstrate this by taking landmark cases 51 00:02:36,448 --> 00:02:39,076 from actual crimes committed by real people, 52 00:02:39,159 --> 00:02:41,996 and we'll recreate them with our trial lawyers 53 00:02:42,079 --> 00:02:44,206 and yours truly, as the trial judge. 54 00:02:44,290 --> 00:02:47,501 While we're not going to recreate the trials verbatim, 55 00:02:47,585 --> 00:02:50,087 all the court's ultimate decisions are accurate. 56 00:02:50,170 --> 00:02:53,716 It will be up to you to decide whether the case was fair 57 00:02:53,799 --> 00:02:55,759 and the outcome just. 58 00:02:55,843 --> 00:02:58,721 [narrator] Real cases, actual lawyers, 59 00:02:58,804 --> 00:03:00,514 surprising verdicts... 60 00:03:02,808 --> 00:03:04,685 Justice on Trial. 61 00:03:08,188 --> 00:03:13,110 This episode of Justice on Trial focuses on the constitutional protection 62 00:03:13,193 --> 00:03:16,906 safeguarding a person's right against self-incrimination. 63 00:03:16,989 --> 00:03:21,785 Dating back to the 1966 case of Miranda versus Arizona, 64 00:03:21,869 --> 00:03:24,329 these so-called Miranda Rights 65 00:03:24,413 --> 00:03:28,375 must be read to each and every person in America who is arrested. 66 00:03:28,459 --> 00:03:31,921 Simply put, they are the right to remain silent, 67 00:03:32,004 --> 00:03:34,757 so that you don't have to say anything to police 68 00:03:34,840 --> 00:03:37,468 that could be used against you in a court. 69 00:03:37,551 --> 00:03:40,220 If an officer doesn't read you these rights, 70 00:03:40,304 --> 00:03:43,515 anything that you say, including a confession, 71 00:03:43,599 --> 00:03:45,935 can't be used to convict you at a trial. 72 00:03:46,018 --> 00:03:50,230 But like everything else in the law, the devil's in the details. 73 00:03:50,314 --> 00:03:54,317 Okay, enough talk. Let's get back to the crime. 74 00:03:58,113 --> 00:03:59,198 [groans] 75 00:04:01,158 --> 00:04:02,952 Rise and shine, sleeping beauty. 76 00:04:04,036 --> 00:04:06,830 Where am I? What's happening to me? 77 00:04:08,749 --> 00:04:12,252 It doesn't matter now, dude. It's the end. 78 00:04:12,336 --> 00:04:14,880 No, don't do this. 79 00:04:14,964 --> 00:04:17,007 I'll do anything, please! 80 00:04:17,091 --> 00:04:18,716 Let's just get this over with. 81 00:04:22,554 --> 00:04:25,724 I'll tell you what... [clears throat] I got a gift for you. 82 00:04:27,142 --> 00:04:28,769 A little something to remember me by. 83 00:04:33,065 --> 00:04:34,316 Your last cigarette. 84 00:04:36,318 --> 00:04:37,403 You're welcome. 85 00:04:39,000 --> 00:04:45,074 Watch Online Movies and Series for FREE www.osdb.link/lm 86 00:04:54,003 --> 00:04:56,046 [car door dinging] 87 00:04:57,965 --> 00:04:59,049 [car door closes] 88 00:05:06,056 --> 00:05:07,641 I just want to say... 89 00:05:10,269 --> 00:05:11,770 [crying] I'm sorry. 90 00:05:13,856 --> 00:05:14,857 Come on. 91 00:05:16,483 --> 00:05:18,444 -Come on, help. Come on. -[Kristen crying] 92 00:05:18,527 --> 00:05:20,195 [whispers] I can't. 93 00:05:20,279 --> 00:05:21,613 [sobbing] 94 00:05:23,824 --> 00:05:25,325 I'm sorry. 95 00:05:27,244 --> 00:05:28,662 [crying] 96 00:05:37,963 --> 00:05:40,132 [breathing heavily] 97 00:05:41,633 --> 00:05:43,761 That should be deep enough. 98 00:05:43,844 --> 00:05:46,847 Yeah, I suppose it's deep enough for him to stay put. 99 00:05:46,930 --> 00:05:48,390 [panting] 100 00:05:58,484 --> 00:05:59,860 All right, we're ready for you, buddy. 101 00:05:59,943 --> 00:06:02,404 [Archie grunts] 102 00:06:02,488 --> 00:06:03,614 [Kristen] I can't do this. 103 00:06:03,697 --> 00:06:07,076 [Chris groans] No. 104 00:06:07,159 --> 00:06:09,745 No. Come on, guys. 105 00:06:12,206 --> 00:06:13,415 Come on. 106 00:06:13,499 --> 00:06:15,125 [cries out] 107 00:06:16,210 --> 00:06:17,836 I'm gonna have to put that out now. 108 00:06:19,505 --> 00:06:20,798 No, please! 109 00:06:21,882 --> 00:06:23,092 Please! 110 00:06:24,343 --> 00:06:27,471 [sputters, coughs] 111 00:06:35,020 --> 00:06:37,981 [Chris sobbing, coughing] 112 00:06:38,065 --> 00:06:39,191 [muffled cries] 113 00:06:50,661 --> 00:06:53,372 Fine. That should do it. 114 00:06:53,455 --> 00:06:55,082 Let's just get the hell out of here. 115 00:07:02,798 --> 00:07:03,966 Thanks for the car. 116 00:07:11,014 --> 00:07:14,434 Archie Dixon ultimately confessed to the murder of Chris Hammer 117 00:07:14,518 --> 00:07:18,188 and was put on trial. But before that trial happened, 118 00:07:18,272 --> 00:07:20,858 Dixon's lawyers said that his confession 119 00:07:20,941 --> 00:07:24,736 violated his Fifth Amendment right against self-incrimination. 120 00:07:24,820 --> 00:07:29,199 They said that Dixon was not properly given his Miranda rights. 121 00:07:29,283 --> 00:07:31,743 We will recreate that hearing that determined 122 00:07:31,827 --> 00:07:36,290 whether Dixon's confession could be used in his eventual trial for murder. 123 00:07:37,957 --> 00:07:41,128 This is a preliminary, or pre-trial hearing, 124 00:07:41,211 --> 00:07:43,964 to determine the admissibility of a confession 125 00:07:44,047 --> 00:07:47,926 that was made by the defendant during the course of a murder investigation. 126 00:07:48,010 --> 00:07:50,512 We are here to determine whether or not that confession 127 00:07:50,596 --> 00:07:54,766 was taken in violation of Mr. Dixon's Fifth Amendment rights. 128 00:07:54,850 --> 00:07:56,058 Counsel, you ready? 129 00:07:56,143 --> 00:07:58,645 -I am, Your Honor. -[Judy] Note your appearance, please. 130 00:07:58,729 --> 00:08:01,106 For the State of Ohio, I'm Dan Mentzer. 131 00:08:01,190 --> 00:08:03,484 Good morning, Your Honor. Larry Bakman on behalf of the defendant, 132 00:08:03,567 --> 00:08:05,319 Archie Dixon, who is present in court. 133 00:08:05,402 --> 00:08:06,904 Mr. Mentzer, call your first witness. 134 00:08:06,987 --> 00:08:10,073 The prosecution calls Detective Ron Scanlon. 135 00:08:13,535 --> 00:08:15,078 Kevin, swear the witness, please. 136 00:08:15,162 --> 00:08:16,788 Yes. Raise your right hand, please. 137 00:08:16,872 --> 00:08:18,833 Do you swear to tell the truth in these matters today? 138 00:08:18,916 --> 00:08:20,584 -I do. -Thank you. Have a seat. 139 00:08:21,585 --> 00:08:23,003 You may inquire, sir. 140 00:08:23,086 --> 00:08:24,671 [Mentzer] Good afternoon, Detective. 141 00:08:24,755 --> 00:08:28,258 In late September, were you assigned to investigate 142 00:08:28,342 --> 00:08:30,761 the disappearance of a man named Christopher Hammer? 143 00:08:30,844 --> 00:08:31,762 Yes. 144 00:08:31,845 --> 00:08:33,514 [Mentzer] Could you please describe to the court 145 00:08:33,597 --> 00:08:35,641 exactly how it was you came to be assigned to that case? 146 00:08:35,724 --> 00:08:37,808 His mother contacted us. 147 00:08:37,893 --> 00:08:41,063 She hadn't seen her son in several days and she was concerned. 148 00:08:41,145 --> 00:08:44,733 She told us that he was currently living with his two friends, 149 00:08:44,816 --> 00:08:48,946 Tim Hoffner and Archie Dixon at the home of Archie Dixon's girlfriend. 150 00:08:49,029 --> 00:08:51,782 [Mentzer] Detective, when you're assigned to investigate 151 00:08:51,865 --> 00:08:56,119 the disappearance of an individual, do you put out some sort of alert 152 00:08:56,203 --> 00:08:57,913 to neighboring counties to let them know 153 00:08:57,996 --> 00:08:59,623 that this is a person to be on the lookout for? 154 00:08:59,706 --> 00:09:00,582 Yes, sir. 155 00:09:00,666 --> 00:09:02,001 [Mentzer] And did you do that in this case? 156 00:09:02,084 --> 00:09:03,043 [Scanlon] Yes. 157 00:09:03,126 --> 00:09:06,046 [Mentzer] Now, Detective, I want to draw your attention to October 25th. 158 00:09:06,129 --> 00:09:08,799 Did something happen with respect to your investigation 159 00:09:08,882 --> 00:09:10,509 into the disappearance of Christopher Hammer? 160 00:09:10,592 --> 00:09:15,639 Yes. On October 25th, we received another call from Mr. Hammer's mother. 161 00:09:15,722 --> 00:09:18,433 According to her, someone had spotted her son's car 162 00:09:18,517 --> 00:09:20,644 on the lot of a used car dealership. 163 00:09:20,727 --> 00:09:24,064 So, we went to the dealership and we spoke to a man named Ron Parker 164 00:09:24,147 --> 00:09:26,483 who told us that he did buy the car 165 00:09:26,566 --> 00:09:29,861 from a man who was claiming to be Chris Hammer. 166 00:09:29,945 --> 00:09:35,951 Now, after you got the information from Ron Parker at the car dealership, 167 00:09:36,034 --> 00:09:40,247 that a man who claimed to be Chris Hammer had sold him the car, 168 00:09:40,330 --> 00:09:42,582 but the description didn't sound like Chris Hammer, 169 00:09:42,665 --> 00:09:46,003 did you prepare any type of photographic array, or anything? 170 00:09:46,086 --> 00:09:49,298 Yes, sir. I was going to prepare photos of Hoffner and Dixon, 171 00:09:49,381 --> 00:09:53,510 to show the car dealer, to see if perhaps it wasn't Hoffner or Dixon 172 00:09:53,593 --> 00:09:57,055 who had sold him Hammer's car and were claiming to be Chris Hammer. 173 00:09:57,139 --> 00:10:00,642 The car deal immediately pointed to Archie Dixon 174 00:10:00,726 --> 00:10:03,478 as the man who identified himself as Chris Hammer 175 00:10:03,562 --> 00:10:05,355 and sold him Chris Hammer's car. 176 00:10:06,523 --> 00:10:08,567 Thank you, Detective, I have no further questions. 177 00:10:08,650 --> 00:10:10,986 -You may inquire, sir. -[Bakman] Thank you, Your Honor. 178 00:10:11,069 --> 00:10:13,530 So, Detective Scanlon, let me see if I have this right. 179 00:10:13,613 --> 00:10:18,285 In terms of your role in this case, you began this case 180 00:10:18,368 --> 00:10:22,205 looking into a forgery of a title on a car. Do I have that right? 181 00:10:22,289 --> 00:10:23,540 Yes. 182 00:10:23,623 --> 00:10:28,754 And you also had information suggesting that Mr. Hammer had disappeared. 183 00:10:28,837 --> 00:10:30,422 That came from Hammer's mother. 184 00:10:30,505 --> 00:10:31,590 -Yes? -Yes. 185 00:10:31,673 --> 00:10:35,093 And so, as I understand it, 186 00:10:35,177 --> 00:10:40,807 your role, your participation was limited to an interview at the police station 187 00:10:40,891 --> 00:10:44,978 when Archie Dixon showed up to claim a car that didn't belong to him. 188 00:10:45,062 --> 00:10:46,855 -Yes? -Correct. Correct. 189 00:10:46,938 --> 00:10:49,232 If you confess to the forgery, 190 00:10:49,316 --> 00:10:51,985 I can make things go a lot easier with the D.A. 191 00:10:52,069 --> 00:10:54,404 Maybe he can look the other way on the stolen car. 192 00:10:54,488 --> 00:10:56,073 What about my rights? 193 00:10:56,156 --> 00:10:58,200 Don't I get a lawyer, or something? 194 00:10:58,283 --> 00:11:03,455 What you get is a chance to put all this behind you without making it a lot worse. 195 00:11:04,915 --> 00:11:06,500 Well, or we can do this the hard way. 196 00:11:07,709 --> 00:11:08,752 It's your choice. 197 00:11:11,630 --> 00:11:14,716 All right. I forged his signature. 198 00:11:14,800 --> 00:11:15,801 Well. 199 00:11:17,219 --> 00:11:20,180 Mr. Archie Dixon, I'm placing you under arrest for forgery. 200 00:11:20,263 --> 00:11:21,807 Place your hands behind your back, please. 201 00:11:21,890 --> 00:11:23,225 What, right now? 202 00:11:23,308 --> 00:11:24,893 -[Scanlon] Hands behind your back. -Damn. 203 00:11:24,976 --> 00:11:26,269 [Scanlon] Standard procedure. 204 00:11:29,022 --> 00:11:32,192 So, what? I get fingerprinted or something now? 205 00:11:32,275 --> 00:11:34,403 You know, before we get to any of that, 206 00:11:34,486 --> 00:11:37,656 there's the question of what happened to your so-called friend, Chris Hammer. 207 00:11:37,739 --> 00:11:40,034 I don't know nothing about that. He said he was leaving town. 208 00:11:40,117 --> 00:11:41,785 He's been missing for two months. 209 00:11:41,868 --> 00:11:44,121 And I'm looking at a guy who says he knows him, 210 00:11:44,204 --> 00:11:47,290 stole his car, and then tried to sell it and pocket the cash. 211 00:11:47,374 --> 00:11:49,167 I don't know nothing about where he is. 212 00:11:49,251 --> 00:11:51,086 I was doing him a favor trying to sell his car. 213 00:11:51,169 --> 00:11:52,421 Look, I swear. 214 00:11:57,008 --> 00:11:59,261 What's Tim doing here? What's going on? 215 00:11:59,344 --> 00:12:03,598 Well, apparently Tim has something he wants to get off his chest. 216 00:12:08,645 --> 00:12:12,149 In order to claim that car, he had forged documents. 217 00:12:12,232 --> 00:12:13,817 -Do I have that right? -Yes, sir. 218 00:12:13,900 --> 00:12:18,738 [Bakman] But you used the forgery investigation as a pretext, 219 00:12:18,822 --> 00:12:22,451 because you were hoping you would get some answers 220 00:12:22,534 --> 00:12:27,581 regarding Hammer's disappearance from my client. Isn't that right? 221 00:12:27,664 --> 00:12:28,957 Sure. Yes. 222 00:12:29,040 --> 00:12:30,375 [Bakman] No further questions. 223 00:12:30,459 --> 00:12:31,460 You're excused, sir. 224 00:12:31,543 --> 00:12:32,794 [Scanlon] Thank you, Your Honor. 225 00:12:32,878 --> 00:12:34,921 Mr. Mentzer, please, call your next witness. 226 00:12:35,005 --> 00:12:37,174 [Mentzer] The State calls Kristen Wilkerson. 227 00:12:40,302 --> 00:12:41,386 [Judy] You may inquire. 228 00:12:41,470 --> 00:12:44,473 Thank you, Your Honor. Miss Wilkerson, how old are you? 229 00:12:44,556 --> 00:12:45,891 Twenty-five years old. 230 00:12:45,974 --> 00:12:47,476 Do you live here, in Toledo? 231 00:12:47,559 --> 00:12:49,227 Yes, I'm living in Toledo. 232 00:12:49,311 --> 00:12:51,438 I was living with my boyfriend, Archie Dixon. 233 00:12:51,521 --> 00:12:54,274 [Mentzer] Okay. I want to call your attention to this past summer. 234 00:12:54,357 --> 00:12:56,067 You said you were living with Archie Dixon. 235 00:12:56,151 --> 00:12:59,154 Was there anybody else living with the two of you this past summer? 236 00:12:59,237 --> 00:13:03,200 Yes. We were living with Archie's friends, Chris and Timothy. 237 00:13:03,283 --> 00:13:08,330 [Mentzer] Now, what were the relationship between Archie Dixon and Chris Hammer? 238 00:13:08,413 --> 00:13:09,664 They were all friends. 239 00:13:09,748 --> 00:13:12,584 [Mentzer] Now, did you listen to a conversation 240 00:13:12,667 --> 00:13:16,087 -that involved Archie Dixon about Chris? -Yes. 241 00:13:16,171 --> 00:13:19,007 Could you just tell the court what occurred in that conversation? 242 00:13:19,090 --> 00:13:22,427 Yeah. Him and Tim were over at the house one night. 243 00:13:22,511 --> 00:13:27,516 And the two of them got to drinking, trying to figure out ways to make money. 244 00:13:27,599 --> 00:13:31,853 I heard them talking about Hammer's car, how much money they could get for it. 245 00:13:31,937 --> 00:13:34,439 Um, so, the next morning, 246 00:13:34,523 --> 00:13:38,235 Archie told me that he was gonna get Hammer tonight. 247 00:13:38,318 --> 00:13:42,447 [Mentzer] And what did you interpret "get Hammer" to mean? 248 00:13:42,531 --> 00:13:44,324 To kill him. 249 00:13:46,618 --> 00:13:48,787 [Mentzer] Now, what happened later on that night? 250 00:13:48,870 --> 00:13:53,375 Well, when Chris came home that night, they were ready for him. 251 00:13:53,458 --> 00:13:57,170 So, they jumped him, and then, they scooped up Chris 252 00:13:57,254 --> 00:14:02,050 and they put him in the back of the car. And then, the three of us drove off. 253 00:14:02,133 --> 00:14:03,176 Who was driving? 254 00:14:03,260 --> 00:14:05,136 I was, but Archie was telling me where to go. 255 00:14:05,220 --> 00:14:09,891 And then, we got to the edge of some farm field and he told me to stop. 256 00:14:09,975 --> 00:14:12,852 [Mentzer] And what happened after you stopped near the farm field? 257 00:14:12,936 --> 00:14:14,646 [Kristen] They dragged him out of the car. 258 00:14:14,729 --> 00:14:19,109 And then, they grabbed a shovel and took him towards the field. 259 00:14:19,192 --> 00:14:21,403 [Chris groans] Come on, guys. 260 00:14:21,486 --> 00:14:23,446 Have you seen Chris since that night? 261 00:14:25,115 --> 00:14:26,116 No. 262 00:14:27,701 --> 00:14:30,662 And after that happened, were you, in fact, arrested? 263 00:14:30,745 --> 00:14:31,746 [Kristen] Yeah. 264 00:14:31,830 --> 00:14:35,500 [Mentzer] And you were charged with acting in concert in this murder? 265 00:14:35,584 --> 00:14:36,668 Yes. 266 00:14:36,751 --> 00:14:40,630 And are you testifying today pursuant to a cooperation agreement with my office? 267 00:14:40,714 --> 00:14:42,382 -Yes. -[Mentzer] Thank you, Miss Wilkerson. 268 00:14:42,465 --> 00:14:44,134 I have no further questions, Your Honor. 269 00:14:44,217 --> 00:14:45,468 You may inquire. 270 00:14:45,552 --> 00:14:49,598 So, Miss Wilkerson, let me start out with the cooperation agreement. 271 00:14:49,681 --> 00:14:55,061 The prosecutor here initially charged you with aggravated murder. Correct? 272 00:14:55,145 --> 00:14:56,146 Yes. 273 00:14:56,229 --> 00:14:59,024 [Bakman] And you knew that was a death penalty sentence. Is that right? 274 00:14:59,107 --> 00:15:01,401 -Yes. -They could execute you for that, correct? 275 00:15:01,484 --> 00:15:03,945 -[Kristen] Yes. -[Bakman] He took that off the table 276 00:15:04,029 --> 00:15:06,906 in exchange for your testimony today, did he not? 277 00:15:06,990 --> 00:15:08,033 Yes. 278 00:15:08,116 --> 00:15:10,285 And you expect, when you're sentenced, 279 00:15:10,368 --> 00:15:14,456 that you're gonna walk away from this case, free of any jail time. 280 00:15:14,539 --> 00:15:15,790 -Is that right? -Yes. 281 00:15:15,874 --> 00:15:19,210 And so, you would tell this man anything he wants to hear 282 00:15:19,294 --> 00:15:22,714 in order to walk away from this case. Is that a fair statement? 283 00:15:22,797 --> 00:15:24,049 Objection. 284 00:15:24,132 --> 00:15:25,383 Overruled. 285 00:15:26,343 --> 00:15:29,054 -Well... -[Bakman] You would lie to him 286 00:15:29,137 --> 00:15:31,598 in order to walk away from this, yes? 287 00:15:31,681 --> 00:15:32,766 No. 288 00:15:32,849 --> 00:15:37,937 Well, you lied to police, telling them you knew nothing about the disappearance. Yes? 289 00:15:38,021 --> 00:15:39,022 Yes. 290 00:15:39,105 --> 00:15:44,611 You knew exactly what your roommates and your boyfriend discussed, 291 00:15:44,694 --> 00:15:48,073 but you decided to lie. Is that right? 292 00:15:48,156 --> 00:15:49,157 Yeah. 293 00:15:49,240 --> 00:15:51,618 [Bakman] And so, we have only your word 294 00:15:51,701 --> 00:15:55,705 that you're now telling us the truth today rather than lying, 295 00:15:55,789 --> 00:15:58,040 despite the fact that your life's on the line. 296 00:15:58,124 --> 00:15:59,250 Do I have that right? 297 00:16:00,085 --> 00:16:01,086 Yes. 298 00:16:01,169 --> 00:16:02,587 No further questions. 299 00:16:02,671 --> 00:16:04,511 [Judy] Witness is excused. Thank you very much. 300 00:16:05,548 --> 00:16:06,800 Next witness? 301 00:16:06,883 --> 00:16:10,679 The State calls Detective Phillip Kulakoski. 302 00:16:11,805 --> 00:16:13,014 You may inquire, sir. 303 00:16:13,098 --> 00:16:15,267 [Mentzer] Thank you, Your Honor. Detective, were you involved 304 00:16:15,350 --> 00:16:17,435 in the arrest of a man named Archie Dixon? 305 00:16:17,519 --> 00:16:18,520 Yes. 306 00:16:18,603 --> 00:16:20,563 Please, explain for the court how you got involved 307 00:16:20,647 --> 00:16:22,857 in the arrest of Archie Dixon. 308 00:16:22,941 --> 00:16:26,236 Detective Scanlon and I had been working on an investigation 309 00:16:26,319 --> 00:16:29,322 involving the disappearance of a man named Christopher Hammer. 310 00:16:29,406 --> 00:16:32,534 We got a positive identification from a used car dealer 311 00:16:32,617 --> 00:16:35,620 that Mr. Archie Dixon committed a forgery. 312 00:16:35,704 --> 00:16:39,665 [Mentzer] Now, Detective, after you arrested Archie Dixon for forgery, 313 00:16:39,749 --> 00:16:42,210 was it just your intention to process him for the forgery, 314 00:16:42,293 --> 00:16:44,713 or did you have any other goal in mind? 315 00:16:44,796 --> 00:16:48,550 We were hoping to get some information on the disappearance of Mr. Hammer. 316 00:16:48,633 --> 00:16:51,553 Now, you've been a detective for how many years? 317 00:16:51,636 --> 00:16:52,679 About ten years. 318 00:16:52,762 --> 00:16:57,058 [Mentzer] So, you understand that when you have a suspect that's in custody, 319 00:16:57,142 --> 00:17:00,145 you have to read them certain rights before you can question them. Right? 320 00:17:00,228 --> 00:17:01,229 That's correct. 321 00:17:01,312 --> 00:17:03,982 [Mentzer] Clearly, Mr. Dixon was in custody after you arrested him. Right? 322 00:17:04,065 --> 00:17:05,108 [Kulakoski] Yes, sir. 323 00:17:05,191 --> 00:17:07,944 [Mentzer] Did you read him his rights before you began to speak with him? 324 00:17:08,027 --> 00:17:09,779 No. 325 00:17:09,863 --> 00:17:14,200 Now, is there a reason why you didn't read Mr. Dixon his Miranda rights 326 00:17:14,284 --> 00:17:17,494 before you started to speak with him, even though he was in custody? 327 00:17:17,579 --> 00:17:19,414 [Kulakoski] We decided not to Mirandize him 328 00:17:19,497 --> 00:17:22,125 because we thought he wouldn't want to talk to us if we did. 329 00:17:22,208 --> 00:17:26,003 Now, did Archie Dixon speak to you after you began to speak with him 330 00:17:26,087 --> 00:17:27,255 without having Mirandized him? 331 00:17:27,338 --> 00:17:32,761 Yes. He told us he had no idea where Chris Hammer was. 332 00:17:32,844 --> 00:17:35,722 But he did admit to selling Chris' car, 333 00:17:35,805 --> 00:17:38,933 but he told us he got permission from Chris to sell the car. 334 00:17:39,017 --> 00:17:43,104 [Mentzer] Now, Detective Kulakoski, who is the other suspect in this case? 335 00:17:43,188 --> 00:17:45,106 Uh, Timothy Hoffner. 336 00:17:52,781 --> 00:17:56,910 So, Tim, you fine with me recording this? 337 00:17:56,993 --> 00:18:00,330 I-I... Sure, I got nothing to hide. 338 00:18:04,959 --> 00:18:06,503 And you're here voluntarily? 339 00:18:06,586 --> 00:18:08,713 Yeah, yeah. I, uh... 340 00:18:09,839 --> 00:18:12,258 I just want to see justice for Chris. 341 00:18:12,342 --> 00:18:15,261 So, on the night of September 21st, 342 00:18:16,387 --> 00:18:17,430 where were you? 343 00:18:18,556 --> 00:18:23,520 I was outside in Chris' car, outside the apartment I share with Archie Dixon. 344 00:18:23,603 --> 00:18:25,104 And what happened? 345 00:18:25,188 --> 00:18:28,900 I was with Archie's girlfriend. We were partying 346 00:18:28,983 --> 00:18:32,278 and waiting for Archie to show up. 347 00:18:32,362 --> 00:18:36,491 And then, all of a sudden, Archie pops open the trunk 348 00:18:37,992 --> 00:18:39,327 and dumps Chris in it. 349 00:18:39,410 --> 00:18:41,788 What did Archie say he was up to? 350 00:18:41,871 --> 00:18:44,791 That we were gonna get what's coming to us tonight. 351 00:18:46,000 --> 00:18:50,338 And I asked, what does that mean, and he said, Chris' money. 352 00:18:50,421 --> 00:18:51,798 Did you need money, Tim? 353 00:18:52,966 --> 00:18:54,676 [Tim] Well, we owed our dealer quite a bit 354 00:18:54,759 --> 00:18:57,178 and we didn't have anything coming in, so, yeah. 355 00:18:59,639 --> 00:19:01,391 But I would never take it like that. 356 00:19:03,476 --> 00:19:04,561 Not like that. 357 00:19:06,187 --> 00:19:07,230 Like what? 358 00:19:08,857 --> 00:19:10,733 Like the way Archie killed him. 359 00:19:13,903 --> 00:19:17,156 Now, are there any investigative techniques 360 00:19:17,240 --> 00:19:19,367 that you have learned in the police academy 361 00:19:19,450 --> 00:19:23,913 to try and get a suspect to confess or talk about a crime they've committed? 362 00:19:23,997 --> 00:19:25,582 Yes, absolutely. 363 00:19:25,665 --> 00:19:27,041 And did you use one of those here? 364 00:19:27,125 --> 00:19:29,919 Yes. When you have two suspects in custody 365 00:19:30,003 --> 00:19:32,547 that are suspected of committing a crime together, 366 00:19:32,630 --> 00:19:34,382 we're taught to pin one against another 367 00:19:34,465 --> 00:19:37,927 and try to make them believe it's in their best interest to confess. 368 00:19:43,224 --> 00:19:44,267 [door closes] 369 00:19:47,520 --> 00:19:49,939 Okay. Here's the deal. 370 00:19:50,023 --> 00:19:53,192 We've got Tim in the next room. He's given you up. 371 00:19:53,276 --> 00:19:54,819 What the hell you talkin' about? 372 00:19:54,903 --> 00:19:57,614 Chris. Tim says you killed him. 373 00:19:57,697 --> 00:19:58,948 I ain't killed nobody. 374 00:19:59,908 --> 00:20:01,117 Chris was a friend of mine. 375 00:20:02,035 --> 00:20:04,871 I notice you're talking about Chris in the past tense now. 376 00:20:04,954 --> 00:20:07,332 Nah, I just hadn't, uh, heard from him in a while. 377 00:20:07,415 --> 00:20:09,876 [Kulakoski] Mm. Then you should hear this. 378 00:20:09,959 --> 00:20:12,587 Tim told us about the beating at the apartment, 379 00:20:12,670 --> 00:20:14,714 the body in the woods... 380 00:20:14,797 --> 00:20:17,508 You buried him alive. 381 00:20:17,592 --> 00:20:19,177 He's lying. 382 00:20:20,595 --> 00:20:22,805 He's just trying to save his own ass. 383 00:20:22,889 --> 00:20:26,768 How come he knows where the body's buried, if he didn't do it? 384 00:20:26,851 --> 00:20:29,604 Let me give you a little piece of advice. 385 00:20:29,687 --> 00:20:33,566 The first one of you guys who confesses to what we all know already happened here, 386 00:20:33,650 --> 00:20:36,027 he's gonna get the deal with the D.A. 387 00:20:36,110 --> 00:20:38,947 The other guy, he gets the electric chair. 388 00:20:40,114 --> 00:20:43,534 So, you need to decide whether you're coming in first... 389 00:20:44,994 --> 00:20:46,120 or last. 390 00:20:53,044 --> 00:20:55,254 Did that interrogation technique work 391 00:20:55,338 --> 00:20:58,091 in getting Mr. Dixon to start talking about the disappearance of Chris... 392 00:20:58,174 --> 00:20:59,217 Not at that time. 393 00:20:59,300 --> 00:21:02,178 So, what did you do to Archie Dixon at that time? 394 00:21:03,346 --> 00:21:05,098 We took him back to jail. 395 00:21:05,181 --> 00:21:08,351 Now, after taking him back to jail, did you have a reason 396 00:21:08,434 --> 00:21:11,270 to believe that you wanted to talk to Archie Dixon again? 397 00:21:11,354 --> 00:21:12,438 Absolutely. 398 00:21:12,522 --> 00:21:14,733 And once he was in the precinct, did you read him anything? 399 00:21:14,816 --> 00:21:17,568 -[Kulakoski] Yes. -What did you read him at that time? 400 00:21:17,652 --> 00:21:18,695 His Miranda warnings. 401 00:21:25,118 --> 00:21:27,495 I want to be first. I want to talk to you guys. 402 00:21:29,330 --> 00:21:32,291 Just for clarity then, I'm advising you of your rights. 403 00:21:33,668 --> 00:21:35,461 You have the right to remain silent. 404 00:21:35,545 --> 00:21:38,381 Anything you say can and will be used against you. 405 00:21:38,464 --> 00:21:40,425 You have the right for an attorney to be present. 406 00:21:41,759 --> 00:21:43,219 Do you understand these rights? 407 00:21:43,302 --> 00:21:44,595 Yes. 408 00:21:44,679 --> 00:21:47,432 My lawyer said it's okay to talk to you guys now. 409 00:21:47,515 --> 00:21:49,684 'Cause you'll give me a better deal. 410 00:21:49,767 --> 00:21:52,770 Yeah. We'll make sure the D.A. knows that you cooperated. 411 00:21:52,854 --> 00:21:54,689 That goes a long way, let me tell ya. 412 00:21:54,772 --> 00:21:55,857 All right. 413 00:21:56,941 --> 00:22:00,653 Okay. So, tell us what happened in the apartment. 414 00:22:02,238 --> 00:22:04,073 Chris came from money. 415 00:22:04,157 --> 00:22:07,285 He's always flashing it around, playing the big guy. 416 00:22:07,368 --> 00:22:08,619 Hitting on my girlfriend. 417 00:22:10,038 --> 00:22:11,539 We's barely getting by. 418 00:22:11,622 --> 00:22:14,333 He's always coming over partying with Tim and my girl, 419 00:22:14,417 --> 00:22:17,920 while I'm footing the bill. Even though he's the one with a rich mom. 420 00:22:18,004 --> 00:22:20,923 So, I had nothing, you know. 421 00:22:21,007 --> 00:22:22,717 But still, he wanted what was mine. 422 00:22:23,885 --> 00:22:25,803 So, enough's enough. 423 00:22:25,887 --> 00:22:28,723 Me and Tim decided we was gonna get what was coming to us. 424 00:22:29,807 --> 00:22:30,850 So, you killed him. 425 00:22:32,268 --> 00:22:34,395 One thing led to another. 426 00:22:34,479 --> 00:22:36,856 It's not like I ever did anything like that before. 427 00:22:38,316 --> 00:22:39,817 Tell us what happened in the woods. 428 00:22:41,027 --> 00:22:45,531 Well, Chris was in the trunk, and we was digging the hole. 429 00:22:45,615 --> 00:22:46,866 I come back and... 430 00:22:48,201 --> 00:22:49,368 there's Chris, 431 00:22:50,661 --> 00:22:54,499 still hitting on my girlfriend, right up to the very end. 432 00:22:56,209 --> 00:22:58,377 So, I'm like, time's up, douche bag. 433 00:22:58,461 --> 00:22:59,462 And we buried him. 434 00:23:00,755 --> 00:23:02,256 Alive? 435 00:23:02,340 --> 00:23:03,382 No. 436 00:23:04,509 --> 00:23:06,177 Dirt killed him. 437 00:23:06,260 --> 00:23:07,512 Took a few minutes, but... 438 00:23:08,846 --> 00:23:11,432 He stopped twitching after a while and we got out of there. 439 00:23:14,185 --> 00:23:15,686 He got what he deserved. 440 00:23:17,980 --> 00:23:20,900 All we got was his car. 441 00:23:26,072 --> 00:23:28,407 And then, after he waived his rights, 442 00:23:28,491 --> 00:23:32,829 did Archie Dixon talk to you about the disappearance of Chris Hammer? 443 00:23:32,912 --> 00:23:34,914 He told us every single detail. 444 00:23:37,542 --> 00:23:41,337 Now, Detective Kulakoski, take us from the beginning. 445 00:23:41,420 --> 00:23:44,048 What did Archie Dixon tell you 446 00:23:44,132 --> 00:23:47,343 about the murder of their friend, Chris Hammer? 447 00:23:47,426 --> 00:23:49,846 He said it started when he and Hoffner 448 00:23:49,929 --> 00:23:52,431 were trying to figure out how they could get some money. 449 00:23:52,515 --> 00:23:56,018 He said they talked about stealing Chris' car and selling it, 450 00:23:56,102 --> 00:23:58,604 but figured they needed to get his identification first. 451 00:23:58,688 --> 00:24:02,650 And they figured the best way to do that was to kill Chris Hammer. 452 00:24:02,733 --> 00:24:05,736 So, they had no real plan, according to Dixon. 453 00:24:05,820 --> 00:24:07,864 He told us that they just jumped him 454 00:24:07,947 --> 00:24:10,032 and started beating him with a wine bottle. 455 00:24:10,116 --> 00:24:13,035 And they tried to break his neck but they couldn't kill him. 456 00:24:13,119 --> 00:24:16,205 Finally, they decided the best way to kill Mr. Hammer 457 00:24:16,289 --> 00:24:18,040 was to bury him underground. 458 00:24:18,124 --> 00:24:20,001 [Chris sputtering, coughing] 459 00:24:21,377 --> 00:24:26,674 Did Mr. Dixon tell you what his friend Chris Hammer was doing 460 00:24:26,757 --> 00:24:29,844 as he was trying to kill him with his bare hands? 461 00:24:29,927 --> 00:24:33,431 He was crying and begging for his life. 462 00:24:33,514 --> 00:24:35,600 Did he tell you what they did after that? 463 00:24:35,683 --> 00:24:38,311 [sighs] They went back to the house to clean up. 464 00:24:38,394 --> 00:24:41,022 And had a few drinks before going to bed. 465 00:24:41,105 --> 00:24:43,316 Thank you, Detective. No more questions. 466 00:24:45,693 --> 00:24:47,570 -Okay. You may inquire, sir. -[Bakman] Thank you. 467 00:24:47,653 --> 00:24:52,742 So, Detective, would it be correct for me to assume 468 00:24:52,825 --> 00:24:58,206 that at the time you arrested my client on November 9th for forgery, 469 00:24:58,289 --> 00:25:03,085 your real focus in the case was the disappearance of Mr. Hammer? 470 00:25:03,169 --> 00:25:04,337 That's correct. 471 00:25:04,420 --> 00:25:08,299 And when you made the arrest, you intended to question him 472 00:25:08,382 --> 00:25:10,718 about the disappearance of Mr. Hammer. 473 00:25:10,801 --> 00:25:12,345 -Correct? -Correct. 474 00:25:12,428 --> 00:25:15,890 So, I just want to make clear for the record, sir, 475 00:25:15,973 --> 00:25:21,312 when you sat him down in an interview room at the station, you made a choice. 476 00:25:21,395 --> 00:25:25,942 Your choice was, I'm gonna talk to him without giving him Miranda warnings. 477 00:25:26,025 --> 00:25:27,068 Yes. 478 00:25:27,151 --> 00:25:30,279 [Bakman] And in that interview on November 9th, 479 00:25:30,363 --> 00:25:34,909 you decided in compounding the Miranda violation, 480 00:25:34,992 --> 00:25:38,788 to tell this individual, first one on the bus 481 00:25:38,871 --> 00:25:41,415 gets the deal in the case. Yes? 482 00:25:41,499 --> 00:25:42,792 Yes. 483 00:25:42,875 --> 00:25:44,669 And what else did you say to him? 484 00:25:44,752 --> 00:25:49,423 I told him that the suspect who doesn't get the deal, will pay full price, 485 00:25:49,507 --> 00:25:50,883 whatever that may be. 486 00:25:50,967 --> 00:25:54,470 [Bakman] And you had no authority to offer him a deal, did you? 487 00:25:54,553 --> 00:25:55,638 Not at that time. 488 00:25:55,721 --> 00:25:58,266 You, in effect, lied to my client, didn't you? 489 00:25:59,308 --> 00:26:00,351 Yes. 490 00:26:00,434 --> 00:26:03,020 [Bakman] So, after this first interview, he, in effect, 491 00:26:03,104 --> 00:26:06,524 decided not to talk to you about Hammer's disappearance. 492 00:26:06,607 --> 00:26:07,733 -Correct? -Correct. 493 00:26:07,817 --> 00:26:12,154 And so, a few hours later, you brought him back from county jail, yes? 494 00:26:12,238 --> 00:26:13,239 Yeah. 495 00:26:13,322 --> 00:26:15,408 [Bakman] And this time, you Mirandized him, yes? 496 00:26:15,491 --> 00:26:16,617 This time, I did. 497 00:26:16,701 --> 00:26:18,953 [Bakman] And then, you got a full confession. 498 00:26:19,036 --> 00:26:20,121 [Kulakoski] Full confession. 499 00:26:20,204 --> 00:26:24,917 And in your mind, sir, your failure to Mirandize him in the first interview, 500 00:26:25,001 --> 00:26:28,587 and your choice to Mirandize him in the second interview... 501 00:26:28,671 --> 00:26:31,048 Do the ends justify your means? 502 00:26:31,132 --> 00:26:32,258 -[Mentzer] Objection. -Sustained. 503 00:26:32,341 --> 00:26:33,384 [Bakman] No further questions. 504 00:26:33,467 --> 00:26:34,468 Anything else? 505 00:26:34,552 --> 00:26:35,637 [Mentzer] If I may, Your Honor? 506 00:26:35,720 --> 00:26:38,764 Do you have to always tell the truth to a suspect 507 00:26:38,848 --> 00:26:41,434 in order to get them to volunteer a statement? 508 00:26:41,517 --> 00:26:42,852 No, I don't. 509 00:26:42,935 --> 00:26:44,562 [Mentzer] I've got no further questions, Judge. 510 00:26:44,645 --> 00:26:47,106 Witness is excused. Thank you very much. 511 00:26:47,189 --> 00:26:49,066 You have any other witnesses, sir? 512 00:26:49,150 --> 00:26:51,444 No, Your Honor. The State rests. 513 00:26:51,527 --> 00:26:52,570 [Judy] Counsel? 514 00:26:52,653 --> 00:26:55,740 And for purposes of this suppression hearing, Your Honor, 515 00:26:55,823 --> 00:26:57,950 I am going to call my client. 516 00:26:58,034 --> 00:27:00,119 Mr. Dixon, take the stand, please. 517 00:27:04,707 --> 00:27:05,958 You may inquire. 518 00:27:06,042 --> 00:27:09,962 All right. So, Mr. Dixon, let's go to November 9th. 519 00:27:10,046 --> 00:27:14,342 -On November 9th, were you arrested? -[Archie] Yes. 520 00:27:14,425 --> 00:27:17,678 [Bakman] And what's your understanding of what you were arrested for? 521 00:27:17,762 --> 00:27:23,267 Uh, for forgery in connection to the sale of a stolen car. 522 00:27:23,351 --> 00:27:27,063 And when you were arrested, were you again taken to a police station? 523 00:27:27,146 --> 00:27:28,147 Yes. 524 00:27:28,230 --> 00:27:31,025 Were you questioned by a police officer, a detective? 525 00:27:31,108 --> 00:27:32,109 [Archie] Yes. 526 00:27:32,193 --> 00:27:36,781 [Bakman] And prior to his questioning you, did he advise you 527 00:27:36,864 --> 00:27:40,951 of your Miranda rights and tell you that anything you say to him 528 00:27:41,035 --> 00:27:43,496 can be used against you in a court of law? 529 00:27:43,579 --> 00:27:44,622 No. 530 00:27:44,705 --> 00:27:49,668 And did he try and question you by telling you, 531 00:27:49,752 --> 00:27:53,756 the first person to get on the bus and confess 532 00:27:53,839 --> 00:27:56,592 will get a deal in this case? 533 00:27:56,675 --> 00:27:58,803 He said I wouldn't get the gas chamber. 534 00:27:58,886 --> 00:28:01,639 Did you feel coerced as a result of that? 535 00:28:02,765 --> 00:28:04,100 Absolutely. 536 00:28:04,183 --> 00:28:07,686 [Bakman] And by the way, that first interview on November 9th, 537 00:28:07,770 --> 00:28:10,189 they kept you there from 11:30 in the morning 538 00:28:10,272 --> 00:28:12,316 to 3:30 in the afternoon, did they not? 539 00:28:12,400 --> 00:28:14,485 Yeah, and then they took me back to county. 540 00:28:14,568 --> 00:28:18,114 And when you went to county, were you there for a few hours 541 00:28:18,197 --> 00:28:23,327 and then brought back to that same interview room by that same detective? 542 00:28:23,411 --> 00:28:24,412 I was. 543 00:28:24,495 --> 00:28:29,125 [Bakman] And at this point in time, what did the detective say to you? 544 00:28:29,208 --> 00:28:32,253 When I was brought back, they read me the, uh... 545 00:28:32,336 --> 00:28:33,462 -Miranda? -[Archie] Yes. 546 00:28:33,546 --> 00:28:35,756 [Bakman] Did you decide to talk to them this time? 547 00:28:36,841 --> 00:28:40,052 [Archie] After learning that they had found Hammer's body. 548 00:28:40,136 --> 00:28:45,307 And that Wilkerson and Hoffner had said that it was me that murdered him. 549 00:28:45,391 --> 00:28:46,600 Yeah, I did. 550 00:28:46,684 --> 00:28:49,728 And you confessed to your role in the offense. Is that right? 551 00:28:49,812 --> 00:28:51,022 Along with Wilkerson and Hoffner. 552 00:28:51,105 --> 00:28:52,357 [Bakman] Thank you. No further questions. 553 00:28:52,440 --> 00:28:54,483 -You may inquire. -[Mentzer] Thanks, Your Honor. 554 00:28:54,567 --> 00:28:58,737 Mr. Dixon, I want to pick things up right where Mr. Bakman left off. 555 00:28:58,821 --> 00:29:02,283 That is late in the evening on November 9th. 556 00:29:02,366 --> 00:29:05,870 That was the time in the evening when you first confessed 557 00:29:05,953 --> 00:29:08,122 to murdering your friend, Chris Hammer. 558 00:29:08,205 --> 00:29:09,457 -Correct? -Correct. 559 00:29:09,540 --> 00:29:13,377 Before you confessed to murdering Chris Hammer to those detectives, 560 00:29:13,461 --> 00:29:16,755 they warned you that you didn't have to speak with them, right? 561 00:29:16,839 --> 00:29:18,048 The second time, yes. 562 00:29:18,132 --> 00:29:22,178 Before you confessed to murdering Chris Hammer, 563 00:29:22,261 --> 00:29:25,473 those detectives told you that anything you told them 564 00:29:25,556 --> 00:29:27,975 could be used against you in a court of law. 565 00:29:28,058 --> 00:29:29,310 -Right? -Yes. 566 00:29:29,393 --> 00:29:31,562 Before you confessed to murdering Chris Hammer, 567 00:29:31,645 --> 00:29:33,856 they told you that you had a right to an attorney. 568 00:29:33,939 --> 00:29:35,107 Right. 569 00:29:35,191 --> 00:29:38,277 [Mentzer] Now, after you received all of those rights, 570 00:29:38,360 --> 00:29:40,070 you decided to waive those rights. 571 00:29:40,154 --> 00:29:41,780 -Correct? -I did. 572 00:29:41,864 --> 00:29:44,492 [Mentzer] But you chose to waive those rights 573 00:29:44,575 --> 00:29:49,747 only after hearing that Tim Hoffner had already been implicating you 574 00:29:49,830 --> 00:29:51,916 and claiming that you committed the murder. Right? 575 00:29:51,999 --> 00:29:53,083 Right. 576 00:29:53,167 --> 00:29:55,836 And it was only after learning that Tim Hoffner 577 00:29:55,920 --> 00:30:01,091 had actually confessed, implicated you, and was still out of jail, 578 00:30:01,175 --> 00:30:03,928 that you believed, that might be my ticket out of jail, right? 579 00:30:04,011 --> 00:30:05,054 Yeah. 580 00:30:05,137 --> 00:30:07,932 And that, the ticket out of jail is the reason 581 00:30:08,015 --> 00:30:10,893 you freely and voluntarily waived your rights 582 00:30:10,976 --> 00:30:14,980 and made a statement to the police about what you did to Chris Hammer. Right? 583 00:30:15,064 --> 00:30:16,148 Yeah. 584 00:30:16,232 --> 00:30:17,441 Thank you. 585 00:30:17,525 --> 00:30:19,068 Couple questions on redirect? 586 00:30:19,151 --> 00:30:20,653 -You may inquire, sir. -[Bakman] Thank you. 587 00:30:20,736 --> 00:30:25,699 So, Mr. Dixon, on November 9th, during the second interview, 588 00:30:25,783 --> 00:30:29,453 when they're telling you, I'm giving you your Miranda rights now, 589 00:30:29,537 --> 00:30:32,873 we want you to talk to us and you decided to do that, 590 00:30:32,957 --> 00:30:36,669 did it scare you when they said they had found the body 591 00:30:36,752 --> 00:30:40,422 and now they want to talk? Did those words play in your head, 592 00:30:40,506 --> 00:30:45,803 I better get on that bus and I better be the first one in to confess 593 00:30:45,886 --> 00:30:47,846 in order to save myself the needle? 594 00:30:47,930 --> 00:30:48,931 Sure. 595 00:30:49,014 --> 00:30:50,140 No further questions. 596 00:30:50,224 --> 00:30:51,517 [Judy] Witness is excused. 597 00:30:55,563 --> 00:30:58,732 Mr. Mentzer, would you like to make a brief closing argument? 598 00:30:58,816 --> 00:31:00,234 [Mentzer] I would, Your Honor. Thank you. 599 00:31:00,317 --> 00:31:03,070 Your Honor, let's be clear here. There were two statements 600 00:31:03,153 --> 00:31:06,949 that Archie Dixon made to police detectives on November 9th. 601 00:31:07,032 --> 00:31:11,287 The first statement he made after not having received Miranda rights. 602 00:31:11,370 --> 00:31:14,707 You get no argument from the State. We recognize that any statement 603 00:31:14,790 --> 00:31:17,751 he made in that first session should be suppressed. 604 00:31:17,835 --> 00:31:22,464 However, later on in the evening upon getting new information, 605 00:31:22,548 --> 00:31:25,843 the police detectives took him out, and we know this, 606 00:31:25,926 --> 00:31:28,053 that they read him his rights. 607 00:31:28,137 --> 00:31:30,598 He waived those rights, and then he confessed. 608 00:31:30,681 --> 00:31:33,684 There was a reason why he chose that moment to waive his rights 609 00:31:33,767 --> 00:31:36,061 and that is simply the oldest reason we know, 610 00:31:36,145 --> 00:31:38,606 to get out of jail. That's why he did it. 611 00:31:38,689 --> 00:31:43,485 That's why he freely and voluntarily waived the rights that he was aware he had 612 00:31:43,569 --> 00:31:45,195 and agreed to speak to the police. 613 00:31:45,279 --> 00:31:49,366 And that's why the confession was obtained through lawful and constitutional means 614 00:31:49,450 --> 00:31:51,869 and the court should not suppress it. 615 00:31:51,952 --> 00:31:53,662 -Thank you, Your Honor. -[Judy] Thank you. 616 00:31:53,746 --> 00:31:57,458 [Bakman] Thank you, Your Honor. So, we have an arrest on November 9th. 617 00:31:57,541 --> 00:32:02,087 We move on to the first interview at 11:30. 618 00:32:02,171 --> 00:32:06,842 And in an effort to avoid having Mr. Dixon clam up, 619 00:32:06,925 --> 00:32:09,720 they decide, we're not gonna Mirandize him. 620 00:32:09,803 --> 00:32:15,142 And the excuse given by the officer is, we weren't gonna use that information. 621 00:32:15,225 --> 00:32:17,936 We just wanted to hear what he had to say. 622 00:32:18,020 --> 00:32:22,274 That's utter nonsense. And then, in an effort to save themselves, 623 00:32:22,358 --> 00:32:25,402 they bring him back after receiving, yet again, 624 00:32:25,486 --> 00:32:28,947 more information about the body, where it is. 625 00:32:29,031 --> 00:32:33,619 They bring him back, and lo and behold, they've worn my client down, 626 00:32:33,702 --> 00:32:39,667 they get a full confession. That full confession's tainted. 627 00:32:39,750 --> 00:32:43,754 I say again, Judge, as I asked the detective the question; 628 00:32:43,837 --> 00:32:48,050 the end doesn't justify the means. 629 00:32:48,133 --> 00:32:49,218 Thank you, Your Honor. 630 00:32:49,301 --> 00:32:50,594 Thank you. 631 00:32:50,678 --> 00:32:54,973 We will now take a brief recess and I will return with my verdict. 632 00:32:59,103 --> 00:33:00,229 [bailiff] Court, come to order. 633 00:33:00,312 --> 00:33:02,856 The Honorable Judge Judy Sheindlin presiding. 634 00:33:02,940 --> 00:33:04,149 [Judy] Thank you. 635 00:33:04,233 --> 00:33:06,985 I will now render my verdict in this matter. 636 00:33:09,279 --> 00:33:13,325 So, what do we have? We have the initial two encounters 637 00:33:13,409 --> 00:33:15,285 where the defendant made no statement. 638 00:33:15,369 --> 00:33:18,455 This is not an issue of fruit of any poisonous tree. 639 00:33:18,539 --> 00:33:22,292 He didn't inculpate himself. It wasn't until somehow 640 00:33:22,376 --> 00:33:24,044 he had information. 641 00:33:24,128 --> 00:33:27,297 He had some information that something had happened, 642 00:33:27,381 --> 00:33:28,966 and said, I want to talk to you. 643 00:33:29,049 --> 00:33:30,884 And then, they Mirandized him. 644 00:33:30,968 --> 00:33:33,846 Orally, and in writing. 645 00:33:33,929 --> 00:33:37,057 And it wasn't until after he was Mirandized 646 00:33:37,141 --> 00:33:41,395 that he decided to confess to his participation 647 00:33:41,478 --> 00:33:43,188 in this horrendous crime. 648 00:33:43,272 --> 00:33:47,067 I am confident that he understood what those Miranda warnings were. 649 00:33:47,151 --> 00:33:50,362 So, there is no question in my mind that he was not coerced, 650 00:33:50,446 --> 00:33:53,741 that he was not enticed, that he was fully Mirandized. 651 00:33:53,824 --> 00:33:56,618 And that the Motion to Suppress, Mr. Bakman, is denied. 652 00:33:56,702 --> 00:34:00,456 This case will proceed to trial. The confession will be admitted. 653 00:34:00,539 --> 00:34:01,999 Thank you very much. 654 00:34:03,876 --> 00:34:05,753 At the trial of Archie Dixon, 655 00:34:05,836 --> 00:34:08,672 his controversial confession was allowed to be introduced 656 00:34:08,755 --> 00:34:10,632 into evidence for the jury to consider. 657 00:34:10,716 --> 00:34:15,429 He was found guilty of the brutal murder of his friend, Chris Hammer. 658 00:34:15,512 --> 00:34:17,764 And he was sentenced to death. 659 00:34:17,848 --> 00:34:21,101 Dixon appealed, arguing that the trial court 660 00:34:21,185 --> 00:34:24,855 should not have allowed his confession to be admitted into evidence 661 00:34:24,938 --> 00:34:28,275 as the police had violated his rights under Miranda. 662 00:34:28,358 --> 00:34:31,320 Would his conviction and death sentence be overturned? 663 00:34:31,402 --> 00:34:34,281 Here's how it played out in the appeals court. 664 00:34:36,283 --> 00:34:40,161 Judges, this is case 102, Ohio versus Dixon. 665 00:34:40,245 --> 00:34:41,789 [Tanya] Thank you, Officer Britt. 666 00:34:41,871 --> 00:34:43,873 Counsel, please, state your appearances for the record. 667 00:34:43,956 --> 00:34:46,168 Larry Bakman, on behalf of Archie Dixon. 668 00:34:46,251 --> 00:34:48,253 For the State of Ohio, I'm Dan Mentzer. 669 00:34:48,337 --> 00:34:50,880 Mr. Bakman, you may proceed with your opening statement. 670 00:34:50,964 --> 00:34:55,803 Thank you. May it please the court, this is an appeal 671 00:34:55,886 --> 00:34:59,973 premised upon a violation of my client's Fifth Amendment rights 672 00:35:00,057 --> 00:35:03,435 and Sixth Amendment rights. Those violations occurred 673 00:35:03,519 --> 00:35:06,563 because of game playing on the part of law enforcement. 674 00:35:06,647 --> 00:35:11,443 They failed to give Miranda, and they questioned my client. 675 00:35:11,527 --> 00:35:14,530 And they get a confession because they told him, 676 00:35:14,613 --> 00:35:20,619 the first to get on the bus between you and your co-conspirator gets the deal. 677 00:35:20,702 --> 00:35:26,166 That is the very essence of an involuntary statement 678 00:35:26,250 --> 00:35:29,086 in violation of both my client's Fifth Amendment right 679 00:35:29,169 --> 00:35:30,796 against self-incrimination, 680 00:35:30,879 --> 00:35:36,677 and to disregard, to ignore his Sixth Amendment right for counsel, 681 00:35:36,760 --> 00:35:39,847 would be to ignore the protection 682 00:35:39,930 --> 00:35:43,559 that Miranda was designed to include. 683 00:35:43,642 --> 00:35:46,854 This court should reverse the sentence of death, 684 00:35:46,937 --> 00:35:51,441 and find that my client's confession should've been thrown out 685 00:35:51,525 --> 00:35:56,071 by the lower court because it was involuntary and coerced. 686 00:35:56,154 --> 00:35:57,739 Submitted. 687 00:35:57,823 --> 00:36:00,659 Thank you, Mr. Bakman. Mr. Mentzer, your statement, please. 688 00:36:00,742 --> 00:36:03,078 Thank you, Your Honor. The detectives in this case 689 00:36:03,161 --> 00:36:05,330 solved the murder of Christopher Hammer. 690 00:36:05,414 --> 00:36:09,501 And they did so by using basic and time-honored techniques. 691 00:36:09,585 --> 00:36:14,089 They brought him in and Detective Kulakoski took a chance. 692 00:36:14,172 --> 00:36:18,135 Because he knew that if he was able to obtain a statement 693 00:36:18,218 --> 00:36:20,679 on that first encounter on November 9th, 694 00:36:20,762 --> 00:36:23,891 any inculpatory statement, he wouldn't be able to use. 695 00:36:23,974 --> 00:36:26,685 But he got lucky because Archie Dixon 696 00:36:26,768 --> 00:36:29,646 denied having anything to do with the crime. 697 00:36:29,730 --> 00:36:33,734 Now, Archie Dixon came to them later on that evening 698 00:36:33,817 --> 00:36:37,154 and said, I heard you spoke with my friend, I want to talk to you. 699 00:36:37,237 --> 00:36:41,867 Because I want to be where I believe Tim Hoffner is, and that's out of jail. 700 00:36:41,950 --> 00:36:44,202 That's how we know the statement was voluntary. 701 00:36:44,286 --> 00:36:46,663 Because he had something to gain. 702 00:36:46,747 --> 00:36:50,083 It was in his best interest to make that confession. 703 00:36:50,167 --> 00:36:53,795 There's nothing about what the detectives in this case did 704 00:36:53,879 --> 00:36:56,548 that was anything other than solid police work. 705 00:36:56,632 --> 00:36:59,635 And we have a very dangerous man who is now on death row. 706 00:36:59,718 --> 00:37:03,305 And we believe that this court should uphold the conviction. 707 00:37:03,388 --> 00:37:04,723 Thank you. 708 00:37:04,806 --> 00:37:07,476 [Patricia] Thank you very much. We're gonna retire to deliberate. 709 00:37:12,230 --> 00:37:14,566 We are not a unanimous court. 710 00:37:14,650 --> 00:37:18,820 Judge Acker and I are in the majority and I will give the majority opinion. 711 00:37:19,905 --> 00:37:24,493 The Fifth Amendment of the US Constitution guarantees that no person 712 00:37:24,576 --> 00:37:27,663 while in police custody may be interrogated 713 00:37:27,746 --> 00:37:31,583 without first being advised of their right to remain silent 714 00:37:31,667 --> 00:37:33,251 and their right to a lawyer. 715 00:37:33,335 --> 00:37:36,421 On November 9th, during the first interrogation, 716 00:37:36,505 --> 00:37:40,175 detectives failed to administer Miranda warnings 717 00:37:40,258 --> 00:37:45,013 for fear Mr. Dixon would exercise his right to remain silent 718 00:37:45,097 --> 00:37:48,725 or ask for a lawyer. During the second interrogation, 719 00:37:48,809 --> 00:37:52,062 Mr. Dixon was read his Miranda warnings and confessed. 720 00:37:52,145 --> 00:37:55,983 The decision by police to interrogate Mr. Dixon 721 00:37:56,066 --> 00:38:00,654 in this manner violated his constitutional rights 722 00:38:00,737 --> 00:38:03,532 and therefore, must be suppressed. 723 00:38:03,615 --> 00:38:07,744 For those reasons, Mr. Dixon's conviction is reversed, 724 00:38:07,828 --> 00:38:10,414 his death sentence vacated, 725 00:38:10,497 --> 00:38:13,667 and the case is remanded to the state court, 726 00:38:13,750 --> 00:38:17,379 which has 180 days to retry him. 727 00:38:17,462 --> 00:38:20,424 But his confession is excluded. 728 00:38:23,885 --> 00:38:27,431 We know that Archie Dixon brutally murdered Chris Hammer. 729 00:38:27,514 --> 00:38:31,435 But because of one questionable decision by a detective, 730 00:38:31,518 --> 00:38:33,562 a killer was set free. 731 00:38:33,645 --> 00:38:36,940 What do you think? Is that justice? 732 00:38:37,024 --> 00:38:40,944 On the one hand, we have to protect abuse against law enforcement. 733 00:38:41,028 --> 00:38:45,574 But should a legal technicality let a murderer escape prosecution? 734 00:39:03,258 --> 00:39:06,428 [theme music playing] 734 00:39:07,305 --> 00:40:07,425