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This programme contains some strong language and scenes which some viewers may find disturbing. | 0:00:05 | 0:00:13 | |
How do you cause that kind of pain to another human being? | 0:00:13 | 0:00:16 | |
I don't get it. | 0:00:16 | 0:00:17 | |
I was there. I saw what he looked like. I saw what they did to him. | 0:00:17 | 0:00:22 | |
This wasn't just a burglary. | 0:00:30 | 0:00:32 | |
Their plan from the beginning was to kill somebody. | 0:00:32 | 0:00:35 | |
There are only three people who know what happened in that room, | 0:00:46 | 0:00:48 | |
one of whom is dead. | 0:00:48 | 0:00:50 | |
You've got to take the story that makes the most sense. | 0:00:58 | 0:01:02 | |
Waynesville is a small town. | 0:01:22 | 0:01:23 | |
The community itself's very tight knit. | 0:01:23 | 0:01:25 | |
They're known for their shops, their antique stores | 0:01:25 | 0:01:28 | |
and people that live there usually know their neighbours. | 0:01:28 | 0:01:31 | |
They kind of look out for each other. | 0:01:31 | 0:01:33 | |
It's country. It's small-town America. | 0:01:35 | 0:01:38 | |
You could leave your bike laying out in the yard. | 0:01:38 | 0:01:41 | |
You didn't have to worry about your kids all the time, you know. | 0:01:41 | 0:01:44 | |
We barely locked our doors. | 0:01:44 | 0:01:45 | |
RECORDING PLAYS | 0:01:50 | 0:01:52 | |
CAMERA SHUTTER CLICKS | 0:02:08 | 0:02:10 | |
I got home about 7:25 in the evening. And the house was dark. | 0:02:10 | 0:02:16 | |
And things just didn't feel right. | 0:02:16 | 0:02:18 | |
CAMERA SHUTTER CLICKING | 0:02:19 | 0:02:21 | |
I went in the bedroom to start taking off my uniform | 0:02:21 | 0:02:24 | |
and I asked Sandy, "Did you move the jewellery box?" | 0:02:24 | 0:02:27 | |
"Your jewellery box has gone." I said, "No." | 0:02:27 | 0:02:32 | |
And he's like, "I think we have been robbed." | 0:02:32 | 0:02:34 | |
So he's like, "The safe. My gun!" | 0:02:34 | 0:02:36 | |
The deputy that went out there that night believed that at first this was a burglary. | 0:02:50 | 0:02:53 | |
Then as he spoke with Mark and Sandy Cates, | 0:02:53 | 0:02:56 | |
he started realising | 0:02:56 | 0:02:57 | |
there were some things that didn't add up to a burglary. | 0:02:57 | 0:03:00 | |
The kitchen table is pushed against the wall. | 0:03:13 | 0:03:15 | |
There's rugs missing from the kitchen. | 0:03:15 | 0:03:17 | |
And we're thinking, who would steal rugs? Why would somebody take that? | 0:03:17 | 0:03:22 | |
When Mark came back, Justin wasn't with him. | 0:03:43 | 0:03:45 | |
I'm like, "Where's Justin?" He was like, "I don't know." | 0:03:45 | 0:03:48 | |
I was like, "OK, something's not right." | 0:03:48 | 0:03:49 | |
So then the police get here. | 0:03:50 | 0:03:53 | |
And so they are thinking there's drugs involved. You know, | 0:03:53 | 0:03:58 | |
18-year-old kid, stealing from Mum and Dad, there's drugs involved. | 0:03:58 | 0:04:03 | |
Well, that changed soon...soon. | 0:04:03 | 0:04:05 | |
Because I was sitting on the love seat | 0:04:05 | 0:04:08 | |
and then I noticed that there were pink smudges on the carpet. | 0:04:08 | 0:04:13 | |
CAMERA SHUTTER CLICKS | 0:04:13 | 0:04:15 | |
I was like, "What is that?" | 0:04:15 | 0:04:17 | |
And he was like, "Ma'am, you're overreacting. | 0:04:17 | 0:04:20 | |
"If it's blood, there would be a lot more of it." | 0:04:20 | 0:04:22 | |
I said, "No, what I'm telling you is, that wasn't there when I left." | 0:04:22 | 0:04:25 | |
Talking with one of the neighbours, they told us that | 0:04:35 | 0:04:39 | |
they had seen a Chevy Cavalier in the driveway during the day. | 0:04:39 | 0:04:44 | |
The description of this car was a silver car | 0:04:44 | 0:04:47 | |
with a busted-out back window | 0:04:47 | 0:04:49 | |
with plastic in the window with red tape | 0:04:49 | 0:04:51 | |
and a certain bumper sticker on that car. | 0:04:51 | 0:04:52 | |
That car, Mark remembered seeing at the home the day before. | 0:04:54 | 0:04:57 | |
Well, the day before everything happened, | 0:04:59 | 0:05:02 | |
I saw a car in the drive that I didn't recognise. | 0:05:02 | 0:05:05 | |
And I came on in and there were two guys sitting here, | 0:05:07 | 0:05:11 | |
in the living room. | 0:05:11 | 0:05:12 | |
Justin said, "Mark, this is Austin and Tim." | 0:05:12 | 0:05:15 | |
He said, "You remember Austin, right?" | 0:05:17 | 0:05:19 | |
Well, back when Justin was in eighth grade, him and Austin were friends. | 0:05:19 | 0:05:24 | |
Austin and Justin played football together. | 0:05:24 | 0:05:27 | |
But Tim didn't know Justin. | 0:05:27 | 0:05:29 | |
So our next step was to begin to identify who Austin was... | 0:05:31 | 0:05:35 | |
..and who Tim was. | 0:05:36 | 0:05:37 | |
And his neighbouring jurisdiction, they knew 'em. | 0:05:37 | 0:05:41 | |
I knew Austin and Timmy. | 0:05:41 | 0:05:42 | |
About four years, they were students at our high school. | 0:05:42 | 0:05:45 | |
So I saw them about every day. | 0:05:45 | 0:05:47 | |
Timmy would go out of his way to say hi and asked me questions | 0:05:48 | 0:05:51 | |
and talk to me. | 0:05:51 | 0:05:52 | |
He was very outgoing, social, lots of friends. | 0:05:52 | 0:05:56 | |
Austin was a little different. | 0:05:56 | 0:05:58 | |
He wasn't as social. | 0:05:58 | 0:06:00 | |
He was hard to get to know. | 0:06:00 | 0:06:01 | |
And never really engaged in conversation like Timmy would. | 0:06:01 | 0:06:05 | |
I don't know... I thought they were best friends. | 0:06:05 | 0:06:08 | |
But they hung around in school. | 0:06:08 | 0:06:09 | |
We put out the car description. | 0:06:12 | 0:06:14 | |
Probably within an hour to two hours | 0:06:14 | 0:06:17 | |
we were told that local jurisdiction had stopped that car | 0:06:17 | 0:06:20 | |
and they actually had Austin Myers and a Tim Mosley with him. | 0:06:20 | 0:06:24 | |
That was kind of our big break. | 0:06:25 | 0:06:27 | |
They were taken in and the first round of stories, both of them lied. | 0:06:41 | 0:06:44 | |
They said they did not know where Justin was. | 0:06:44 | 0:06:47 | |
They had no idea where he would have been and hadn't seen him. | 0:06:47 | 0:06:50 | |
Tim Mosley didn't want to talk to us and then we tried to talk | 0:06:52 | 0:06:55 | |
with Austin, and he tells us he'd rather speak to an attorney. | 0:06:55 | 0:06:59 | |
So we stopped. | 0:06:59 | 0:07:00 | |
At Justin's home, | 0:07:06 | 0:07:08 | |
we decided we were going to cut that carpeting out. | 0:07:08 | 0:07:10 | |
And that's what we did. | 0:07:10 | 0:07:12 | |
And once we cut that carpeting and able to pull those layers back, | 0:07:12 | 0:07:16 | |
and get into the sub floor, we were able to see what we knew was blood. | 0:07:16 | 0:07:21 | |
I mean, it was very apparent and quite a bit of it. | 0:07:21 | 0:07:24 | |
But as we pulled it open, you could actually see a much larger | 0:07:26 | 0:07:30 | |
stain that had been soaked into the padding, | 0:07:30 | 0:07:32 | |
and then down below onto the sub flooring of the house. | 0:07:32 | 0:07:36 | |
One of the crime scene deputies notices what | 0:07:43 | 0:07:46 | |
he thinks is also blood that's underneath the refrigerator | 0:07:46 | 0:07:50 | |
and also little specks - very small droplets - | 0:07:50 | 0:07:53 | |
that are on a wood floor in the kitchen. | 0:07:53 | 0:07:56 | |
Once we started seeing those, | 0:08:03 | 0:08:05 | |
we really started getting concerned here. | 0:08:05 | 0:08:08 | |
There's a lot of... | 0:08:08 | 0:08:09 | |
There's more blood here than we realise. | 0:08:09 | 0:08:11 | |
We started thinking maybe this was cleaned up and maybe we need to | 0:08:14 | 0:08:18 | |
try and use the blood reagent to see exactly how much blood is here. | 0:08:18 | 0:08:22 | |
Very easy to use. You spray it on top of things and once you turn the lights down, | 0:08:22 | 0:08:27 | |
it glows. | 0:08:27 | 0:08:28 | |
As soon as you clean it up, you can still see the blood. | 0:08:28 | 0:08:32 | |
I remember that being, um, huge. | 0:08:32 | 0:08:36 | |
You actually see details, because you can see shadows of footprints. | 0:08:49 | 0:08:54 | |
You can see where people are laying. | 0:08:54 | 0:08:57 | |
You can see the way that it was wiped. How they cleaned it up. | 0:08:57 | 0:09:01 | |
You can see all the blood all throughout that kitchen. | 0:09:01 | 0:09:04 | |
Once I saw that, I think all of us, we were in shock, just stunned. | 0:09:07 | 0:09:11 | |
Because you start going from "he's alive" to, | 0:09:11 | 0:09:14 | |
"I hope he is still alive", to, "Oh, no. No, there's too much here." | 0:09:14 | 0:09:20 | |
There's way too much here. It's been cleaned up. | 0:09:20 | 0:09:24 | |
And I remember having a phone conversation with Sergeant Hounshell, | 0:09:24 | 0:09:27 | |
saying, "Justin's dead. | 0:09:27 | 0:09:29 | |
"There's no doubt in my mind, there's too much blood here." | 0:09:29 | 0:09:31 | |
HE TAPS ON WINDOW | 0:09:37 | 0:09:39 | |
Austin, at one point, taps on the glass. | 0:09:43 | 0:09:46 | |
And I go in the room and he says, "I want to talk to you." | 0:09:46 | 0:09:49 | |
You OK? | 0:09:51 | 0:09:52 | |
So we would start talking with him | 0:10:00 | 0:10:02 | |
and that is when he starts laying out what happened. | 0:10:02 | 0:10:05 | |
I used to love the snow. I used to think it was beautiful. | 0:10:46 | 0:10:49 | |
Just how everything's quiet. You know? | 0:10:49 | 0:10:53 | |
It's just different. | 0:10:53 | 0:10:54 | |
And now, just seeing a snow flurry | 0:10:54 | 0:10:59 | |
is like, here we go. | 0:10:59 | 0:11:00 | |
And I think that is why it's so hard right now to... | 0:11:01 | 0:11:03 | |
It's because I know what's coming. | 0:11:05 | 0:11:06 | |
We had some deputies on the ground who were able to go in and actually recover Justin. | 0:11:14 | 0:11:19 | |
Who was found in a wood line. | 0:11:19 | 0:11:20 | |
Very, very brutally... brutally treated. | 0:11:22 | 0:11:26 | |
Um... | 0:11:26 | 0:11:28 | |
I get the question, why do you go out to crime scenes? | 0:11:31 | 0:11:34 | |
You're the prosecutor, there's no need for you. | 0:11:34 | 0:11:37 | |
You have investigators who are the ones | 0:11:37 | 0:11:39 | |
that are responsible for collecting all the evidence. | 0:11:39 | 0:11:43 | |
But I'm the one that is going to have to tell the story of what | 0:11:43 | 0:11:48 | |
happened to Justin Back. | 0:11:48 | 0:11:49 | |
I was there. I saw what he looked like. | 0:11:49 | 0:11:51 | |
I saw what they did to him. | 0:11:51 | 0:11:53 | |
They had basically dumped him next to a large fallen tree. | 0:11:58 | 0:12:04 | |
It was brutally cold. | 0:12:04 | 0:12:05 | |
Even at one or two in the afternoon, it was still between ten | 0:12:05 | 0:12:10 | |
and 15 degrees below zero Fahrenheit. | 0:12:10 | 0:12:13 | |
So his body was frozen in the position in which it was dumped. | 0:12:13 | 0:12:17 | |
I noticed he didn't have shoes on. | 0:12:20 | 0:12:22 | |
For some reason, that bothered me, that he didn't have shoes on. | 0:12:22 | 0:12:25 | |
And in many ways, it didn't look real. | 0:12:25 | 0:12:28 | |
Because as I was looking at him... | 0:12:28 | 0:12:30 | |
he looked like a porcelain doll. | 0:12:30 | 0:12:32 | |
HE SIGHS | 0:12:37 | 0:12:38 | |
What a horrible way to go. | 0:12:40 | 0:12:42 | |
You know, what a horrible way to have your life end up. | 0:12:42 | 0:12:47 | |
We all think of the end of our life and what it's going to be like. | 0:12:49 | 0:12:52 | |
And I don't think anybody thinks they are going to end up | 0:12:52 | 0:12:56 | |
dumped in the middle of a field, where it is 15 degrees below zero. | 0:12:56 | 0:13:01 | |
And certainly no parent would ever expect that something | 0:13:01 | 0:13:05 | |
like that is going to be the final chapter of their child's life. | 0:13:05 | 0:13:10 | |
I was out in my car making a phone call. | 0:13:14 | 0:13:16 | |
And I looked in the rear-view mirror and Sheriff Sims pulled in. | 0:13:19 | 0:13:23 | |
It was not one of the other deputies. | 0:13:25 | 0:13:28 | |
It was the Sheriff. | 0:13:28 | 0:13:29 | |
The instant I saw the Sheriff... I knew it was over. | 0:13:32 | 0:13:36 | |
The Sheriff and I went inside. | 0:13:39 | 0:13:41 | |
Me and Sandy and him sat down at the dining room table. | 0:13:41 | 0:13:44 | |
And... | 0:13:44 | 0:13:48 | |
he proceeded to tell us that they'd found him and he was gone. | 0:13:48 | 0:13:52 | |
Um, the house erupted in tears. | 0:13:54 | 0:13:58 | |
Sandy, Julie, myself... | 0:13:59 | 0:14:02 | |
You know, we all just... | 0:14:02 | 0:14:04 | |
There's no holding that back, you know? | 0:14:07 | 0:14:09 | |
You're not supposed to bury your kids. | 0:14:11 | 0:14:13 | |
I had... | 0:14:18 | 0:14:20 | |
It stole every breath. | 0:14:22 | 0:14:24 | |
You just can't... | 0:14:24 | 0:14:26 | |
I don't know. | 0:14:30 | 0:14:32 | |
Sheriff Sim's words just played on a loop, especially in the beginning. | 0:14:40 | 0:14:46 | |
"Justin's deceased." | 0:14:46 | 0:14:47 | |
I remember just screaming and falling on the floor. | 0:14:48 | 0:14:54 | |
Then you wake up the next morning... | 0:15:10 | 0:15:13 | |
..and you are like, "Oh, my God, we have to bury our son." | 0:15:15 | 0:15:18 | |
SHE EXHALES | 0:15:24 | 0:15:27 | |
The two rooms that we have there at Clayton PD, | 0:15:37 | 0:15:39 | |
they were like holding cells | 0:15:39 | 0:15:41 | |
and Tim was able to hear through the wall. | 0:15:41 | 0:15:44 | |
They go up to the door. | 0:16:18 | 0:16:19 | |
And Justin being the person that is, he invites them in. | 0:16:19 | 0:16:23 | |
He offers them something to drink. | 0:16:23 | 0:16:25 | |
Austin says just out of nowhere, Tim Mosley decides | 0:17:03 | 0:17:07 | |
he's going to get up and take this cable that he's made, or a garrotte | 0:17:07 | 0:17:10 | |
as he called it, and put it around Justin's neck and choke him. | 0:17:10 | 0:17:16 | |
But as he's going over his head, | 0:17:16 | 0:17:18 | |
he doesn't get it all the way to his neck and actually hit his chin. | 0:17:18 | 0:17:21 | |
TV REPORTS: 'We began with breaking news. Two men arrested now for a murder in Waynesville. | 0:17:40 | 0:17:44 | |
'Details are still coming in to us right now. | 0:17:44 | 0:17:46 | |
'This started, though, as a search... | 0:17:46 | 0:17:48 | |
'The victim had been choked. | 0:17:48 | 0:17:50 | |
'He had been stabbed. Eventually shot. | 0:17:50 | 0:17:54 | |
-'Karen, this is so gruesome, we're finding out. -It is. | 0:17:54 | 0:17:57 | |
'The Sheriff here in Warren County just identified...' | 0:17:57 | 0:18:00 | |
'This is a very brutal murder. | 0:18:00 | 0:18:02 | |
'Far all intents and purposes, | 0:18:03 | 0:18:04 | |
'Justin Back was an innocent victim in this.' | 0:18:04 | 0:18:08 | |
I got a phone call from my ex-wife saying that they thought there was | 0:18:11 | 0:18:16 | |
a burglary done in Waynesville and it was Justin Back's house. | 0:18:16 | 0:18:21 | |
And Justin wasn't there. | 0:18:21 | 0:18:23 | |
And they were thinking Austin had something to do with it. | 0:18:23 | 0:18:27 | |
So, my first thought was, there's no way Austin would have anything to do | 0:18:28 | 0:18:32 | |
with something like that. | 0:18:32 | 0:18:33 | |
About four years ago, was the first time we met Timmy. | 0:18:52 | 0:18:55 | |
Always been respectful to me as could be, but he had a... | 0:18:55 | 0:18:58 | |
..a rough edge to him. | 0:19:00 | 0:19:01 | |
He wasn't gentle. | 0:19:02 | 0:19:04 | |
HE TAPS WALL WITH HIS FOOT | 0:20:08 | 0:20:10 | |
In most cases, the last thing that you want is for one | 0:20:18 | 0:20:22 | |
defendant to know what the other defendant is saying. | 0:20:22 | 0:20:26 | |
But in this case, it actually worked out to our benefit. | 0:20:30 | 0:20:33 | |
HE CONTINUES TAPPING THE WALL WITH HIS FOOT | 0:20:54 | 0:20:57 | |
He decides he's going to come completely clean. | 0:21:28 | 0:21:30 | |
And I think he also believed that Austin was throwing him | 0:21:30 | 0:21:33 | |
under the bus. | 0:21:33 | 0:21:34 | |
No-one believed it. No-one believed it at all. | 0:22:07 | 0:22:09 | |
And I was just like, and when I heard it, my heart sank. I was like, | 0:22:11 | 0:22:15 | |
"That's not my son. | 0:22:15 | 0:22:17 | |
"You know, he is not capable of doing that." So... | 0:22:17 | 0:22:21 | |
Tim couldn't confess quick enough. | 0:22:56 | 0:22:58 | |
Once he started, he couldn't do it quick enough. | 0:22:58 | 0:23:01 | |
He went through ten, 12, 15 glasses of water. | 0:23:01 | 0:23:05 | |
He was talking that quickly to get this information out. | 0:23:05 | 0:23:08 | |
And it wasn't as if the things that he was taking | 0:23:08 | 0:23:10 | |
responsibility for were beneficial to him. | 0:23:10 | 0:23:14 | |
So when you're looking at who's telling the truth and who isn't, | 0:23:14 | 0:23:18 | |
you look at those kind of factors. | 0:23:18 | 0:23:20 | |
He told us he was the one that put the cable, the garrotte, | 0:23:20 | 0:23:23 | |
around Justin's neck. | 0:23:23 | 0:23:24 | |
He told us he was the one that panicked | 0:23:24 | 0:23:27 | |
and started stabbing him, but he says Austin had come up with this. | 0:23:27 | 0:23:31 | |
This was Austin's idea. | 0:23:31 | 0:23:33 | |
Tim is telling you everything he knows as quick as he can. | 0:24:13 | 0:24:17 | |
Austin is thinking. "How am I going to get out of this? | 0:24:17 | 0:24:19 | |
"How do I make this better? What do they know? What can I pin on Tim?" | 0:24:19 | 0:24:24 | |
The first time Austin came here, they came to pick something up. | 0:24:35 | 0:24:39 | |
There were going to a friend of theirs house, | 0:24:39 | 0:24:41 | |
probably to play PlayStation or something. | 0:24:41 | 0:24:43 | |
And I had this vibe, I just did NOT like him. | 0:24:43 | 0:24:45 | |
When Timmy came home that night, I told him | 0:24:45 | 0:24:48 | |
I want him to stay away from him. | 0:24:48 | 0:24:51 | |
The problem was that Austin contradicted himself multiple times, | 0:25:16 | 0:25:20 | |
so what was Austin's version of the events? Which version? | 0:25:20 | 0:25:24 | |
There are only three people who know what happened in that room, | 0:25:25 | 0:25:28 | |
one of whom was dead, and that was Justin Back. | 0:25:28 | 0:25:32 | |
So that so that left Austin Myers and Timothy Mosley. | 0:25:32 | 0:25:36 | |
So at that point, it's one person's word against another. | 0:25:36 | 0:25:40 | |
The body of 18-year-old Justin Back was found | 0:25:53 | 0:25:56 | |
Wednesday in Prebble County, stabbed, beaten and shot to death. | 0:25:56 | 0:26:00 | |
But tonight's memorial wasn't about his death, | 0:26:00 | 0:26:02 | |
but to remember Justin's brief but special life. | 0:26:02 | 0:26:05 | |
Heard nothing but good things about Justin. | 0:26:12 | 0:26:14 | |
He was an amazing kid, I think. | 0:26:14 | 0:26:16 | |
Very driven, knew what he wanted in life. | 0:26:16 | 0:26:18 | |
By all accounts, he was a great son. | 0:26:18 | 0:26:21 | |
And in like two weeks, he was set to go to the Navy. | 0:26:24 | 0:26:27 | |
And to describe him as being the perfect kid - I think he was! | 0:26:27 | 0:26:33 | |
And he was loved by a lot of people. | 0:26:33 | 0:26:36 | |
Mark and Sandy Cates were going to hear how Justin was murdered. | 0:26:38 | 0:26:42 | |
And I didn't want the courtroom to be the first place for them | 0:26:42 | 0:26:46 | |
to hear that information. | 0:26:46 | 0:26:48 | |
So I basically walked them through the story, and... | 0:26:48 | 0:26:50 | |
..that was, that was the most difficult thing | 0:26:52 | 0:26:55 | |
I've ever done in my career. Ever. | 0:26:55 | 0:26:57 | |
I'll never see him get married. | 0:27:02 | 0:27:04 | |
I'll never hold my grand-baby. | 0:27:04 | 0:27:05 | |
SHE SOBS | 0:27:10 | 0:27:11 | |
All from one choice. | 0:27:13 | 0:27:14 | |
This is Justin. | 0:27:16 | 0:27:17 | |
From Waynesville, Ohio! | 0:27:17 | 0:27:20 | |
CHEERING AND APPLAUSE | 0:27:20 | 0:27:22 | |
And I blame myself because I couldn't protect him. | 0:27:26 | 0:27:29 | |
And it makes me feel like I let it happen. | 0:27:30 | 0:27:32 | |
All I know right now is loss. | 0:27:39 | 0:27:40 | |
And that angers me. | 0:27:42 | 0:27:44 | |
The heartbreak of a community. | 0:27:48 | 0:27:49 | |
Tonight in Waynesville they grieved the death of murder victim | 0:27:49 | 0:27:52 | |
Justin Back. | 0:27:52 | 0:27:54 | |
Choked, stabbed, shot... | 0:27:54 | 0:27:55 | |
When something like this | 0:27:55 | 0:27:57 | |
happens in a place like Waynesville, I think in the community there was | 0:27:57 | 0:28:01 | |
almost an expectation | 0:28:01 | 0:28:02 | |
that it was going to be presented as a capital case. | 0:28:02 | 0:28:05 | |
-REPORTER: -Small groups of people waved Old Glory as the hearse with | 0:28:05 | 0:28:08 | |
the American flag-draped casket drove through the streets. | 0:28:08 | 0:28:11 | |
You do hear a lot of people calling for blood. | 0:28:11 | 0:28:13 | |
You do hear people saying that they just know they're guilty | 0:28:13 | 0:28:16 | |
because of the desire to make somebody pay. | 0:28:16 | 0:28:18 | |
I needed to make the decision, is this the kind of case | 0:28:22 | 0:28:25 | |
that I think my community believes warrants the death penalty? | 0:28:25 | 0:28:30 | |
Is this so heinous a crime? | 0:28:30 | 0:28:33 | |
Because as the prosecutor, I can stop it | 0:28:33 | 0:28:36 | |
right from the outset. | 0:28:36 | 0:28:38 | |
And so this is the most difficult decision that a prosecutor makes. | 0:28:38 | 0:28:41 | |
It's a senseless crime. It's a senseless killing. | 0:28:43 | 0:28:46 | |
If you're really looking for money, | 0:28:46 | 0:28:48 | |
you're going to go in and kill somebody? | 0:28:48 | 0:28:50 | |
CAMERA SHUTTER CLICKS | 0:28:50 | 0:28:51 | |
Wait till everybody's gone. | 0:28:51 | 0:28:53 | |
The kid's going into the military in a week. | 0:28:53 | 0:28:55 | |
Dad works, Mum works. | 0:28:55 | 0:28:56 | |
Break into the house after they're gone. You may never get caught. | 0:28:56 | 0:29:00 | |
There was a brutal murder. | 0:29:02 | 0:29:04 | |
And I think people just kind of get to the point where they just | 0:29:04 | 0:29:08 | |
see a really good narrative and they say, "That makes sense". | 0:29:08 | 0:29:11 | |
The first time I met Austin, what was striking about him | 0:29:24 | 0:29:27 | |
was how young he was. | 0:29:27 | 0:29:28 | |
And certainly he is a very intelligent person, | 0:29:29 | 0:29:32 | |
very well read, very well spoken. | 0:29:32 | 0:29:34 | |
So it was really hard to reconcile these charges, | 0:29:34 | 0:29:38 | |
cos it's not someone who looks like he's capable of murder. | 0:29:38 | 0:29:41 | |
When I try a case, I view myself as a storyteller. | 0:29:44 | 0:29:47 | |
I'm trying to do the best job that I can to relay to the jury | 0:29:47 | 0:29:50 | |
the story that makes sense. | 0:29:50 | 0:29:53 | |
And in the process, persuade them to find the defendant guilty, | 0:29:53 | 0:29:57 | |
and sentence the defendant to death. | 0:29:57 | 0:29:59 | |
'And one of the two teens accused of killing 18-year-old Justin Back | 0:30:03 | 0:30:07 | |
'could face the death penalty if convicted. | 0:30:07 | 0:30:10 | |
'WLWT 5's Karen Johnson taking us | 0:30:10 | 0:30:12 | |
'inside the Lebanon courtroom for the Austin Myers trial.' | 0:30:12 | 0:30:15 | |
It was very obvious both of them were involved. | 0:30:43 | 0:30:45 | |
The question was, to what extent? | 0:30:45 | 0:30:47 | |
Who was responsible and who made the | 0:30:47 | 0:30:49 | |
choices that led them to this point? | 0:30:49 | 0:30:51 | |
From the beginning of the trial, I'm questioning, | 0:30:51 | 0:30:53 | |
why are we trying to pin this on Austin Myers | 0:30:53 | 0:30:56 | |
when it seems like he's always in the background. | 0:30:56 | 0:30:59 | |
The prosecution's argument was that Austin Myers made all those choices. | 0:31:20 | 0:31:26 | |
That he was the one that chose Justin as the victim | 0:31:26 | 0:31:29 | |
and led Tim Mosley there. | 0:31:29 | 0:31:32 | |
Austin maintained his innocence all along. | 0:31:35 | 0:31:37 | |
From Austin's perspective it unfolded right before him | 0:31:37 | 0:31:40 | |
and it was like watching an accident happen. | 0:31:40 | 0:31:42 | |
There was relatively little evidence that implicated Austin Myers | 0:31:58 | 0:32:02 | |
directly, other than the fact that he was there. | 0:32:02 | 0:32:05 | |
So, you have these two competing stories. | 0:32:05 | 0:32:09 | |
They had Tim. | 0:32:09 | 0:32:10 | |
He admitted to it, | 0:32:10 | 0:32:12 | |
so that's why they focused all their attention on Austin. | 0:32:12 | 0:32:15 | |
They wanted to convict him. They already had Timmy. | 0:32:15 | 0:32:18 | |
But now they wanted Austin. | 0:32:18 | 0:32:19 | |
We have rules of evidence in the country that don't allow us | 0:32:23 | 0:32:27 | |
to use Tim's video recorded confession against Austin, | 0:32:27 | 0:32:31 | |
unless Tim testifies at trial. | 0:32:31 | 0:32:33 | |
My goal was to make sure Austin never got out of prison. | 0:32:36 | 0:32:41 | |
The idea that there was any possibility that he would be | 0:32:41 | 0:32:45 | |
acquitted was just not something I could live with. | 0:32:45 | 0:32:48 | |
And we didn't want to run the risk that if Tim's confession | 0:32:48 | 0:32:53 | |
doesn't come in to Austin's trial, | 0:32:53 | 0:32:55 | |
that the jury doesn't get the complete picture of what happened. | 0:32:55 | 0:32:58 | |
My best shot at getting a conviction against Austin Myers was | 0:33:03 | 0:33:08 | |
to do something that allowed Tim's statement to come in at trial, | 0:33:08 | 0:33:12 | |
and the only way for that to happen was for me | 0:33:12 | 0:33:14 | |
to do a plea agreement with Tim. | 0:33:14 | 0:33:16 | |
Two to three weeks before Austin's trial begins, | 0:33:20 | 0:33:23 | |
I get a call from the prosecutor | 0:33:23 | 0:33:26 | |
telling me that Tim Mosley has agreed to a plea deal, | 0:33:26 | 0:33:31 | |
to accept a sentence of life without the possibility of parole, | 0:33:31 | 0:33:35 | |
in exchange for him coming in and testifying against Austin. | 0:33:35 | 0:33:38 | |
So we met with Austin. | 0:33:40 | 0:33:42 | |
We told him in no uncertain terms this does not look good. | 0:33:42 | 0:33:45 | |
I said, "You need to let me try to work a deal for you." | 0:33:45 | 0:33:49 | |
Austin said, "No." | 0:33:49 | 0:33:51 | |
Austin did say, "If there is a 1% chance that I could be free, | 0:33:52 | 0:33:56 | |
"then I want to take that chance." | 0:33:56 | 0:33:59 | |
There was absolutely no remorse from Austin Myers for what he did. | 0:34:03 | 0:34:08 | |
And so really for me, | 0:34:08 | 0:34:10 | |
it came down to Tim agreeing to take responsibility for what he had done. | 0:34:10 | 0:34:16 | |
I don't really think he knows how it all happened. | 0:34:29 | 0:34:32 | |
I believe Austin planned it out. | 0:34:33 | 0:34:35 | |
And whoever he would have gotten | 0:34:36 | 0:34:38 | |
to do his muscle work, Austin | 0:34:38 | 0:34:40 | |
planned it out and knew damn well what he was getting ready to do. | 0:34:40 | 0:34:43 | |
It's just he pulled my son into it, too. | 0:34:43 | 0:34:45 | |
A lot of Timmy's friends said | 0:34:47 | 0:34:48 | |
Timmy didn't know what was going to happen. | 0:34:48 | 0:34:51 | |
But then why did you let Austin talk you into it? | 0:34:52 | 0:34:56 | |
Today on the witness stand, Timothy Mosley testified that | 0:34:56 | 0:34:59 | |
Austin Myers believed there was | 0:34:59 | 0:35:01 | |
20,000 in a safe belonging to Justin Back's parents. | 0:35:01 | 0:35:05 | |
Mosley explained that Myers came up with the idea to kill Back, | 0:35:05 | 0:35:08 | |
who was just a short time away from going into the Navy. | 0:35:08 | 0:35:11 | |
Like that? That's my son's room. | 0:35:15 | 0:35:17 | |
His trophies - football trophies, basketball trophies. | 0:35:22 | 0:35:25 | |
They're still up there. He's got his bed, his clothes, got his shoes. | 0:35:25 | 0:35:28 | |
Still where he left them. | 0:35:29 | 0:35:31 | |
I used to go into Timmy's room a lot. | 0:35:31 | 0:35:34 | |
But it was hard. | 0:35:34 | 0:35:35 | |
You know, I used to sit there and cry, it was just... | 0:35:35 | 0:35:38 | |
You only have about 9-12 months to do that | 0:35:38 | 0:35:40 | |
and then you've got to get on with it. | 0:35:40 | 0:35:42 | |
God, it's a mess in here! | 0:35:44 | 0:35:45 | |
I know I can't even yell at him for it. | 0:35:45 | 0:35:47 | |
"Timmy, clean up your room." | 0:35:48 | 0:35:50 | |
You don't know what your kids are doing. | 0:36:03 | 0:36:05 | |
I guess I didn't know he was into drugs. | 0:36:05 | 0:36:07 | |
I did know he was depressed. | 0:36:07 | 0:36:09 | |
There was a point in time where he was depressed. | 0:36:09 | 0:36:12 | |
And I found that out one night when he wouldn't talk to me | 0:36:12 | 0:36:15 | |
and I went in there and he'd sliced his arm all up. | 0:36:15 | 0:36:18 | |
And there was blood everywhere. | 0:36:18 | 0:36:19 | |
It stays that way. | 0:36:22 | 0:36:23 | |
Nobody goes in there any more. | 0:36:25 | 0:36:26 | |
Unless I feel down and out, then I go in there. | 0:36:28 | 0:36:30 | |
Timmy left me a note. | 0:36:35 | 0:36:37 | |
It said, "I'm sorry. | 0:36:37 | 0:36:39 | |
"I didn't mean for this to happen. | 0:36:39 | 0:36:41 | |
"I wish I could go back and change it." | 0:36:41 | 0:36:43 | |
And, um, "I love you, Mom." | 0:36:44 | 0:36:46 | |
He wanted to go to California and work. | 0:36:56 | 0:36:58 | |
And then he wanted to join the Marines. | 0:36:58 | 0:37:00 | |
And that didn't happen. | 0:37:00 | 0:37:02 | |
Cos I didn't buy the plane ticket. | 0:37:02 | 0:37:04 | |
Should have! | 0:37:05 | 0:37:07 | |
Could have. | 0:37:07 | 0:37:08 | |
Didn't. | 0:37:08 | 0:37:09 | |
If I had bought it, he wouldn't have been here. | 0:37:09 | 0:37:12 | |
Then he wouldn't be in this mess and he wouldn't be away for life. | 0:37:18 | 0:37:22 | |
'Timothy Mosley matter-of-factly described today how he says | 0:37:22 | 0:37:25 | |
'he and Austin Myers killed 18-year-old Justin Back.' | 0:37:25 | 0:37:29 | |
We knew, going in, | 0:37:29 | 0:37:31 | |
that Tim Mosley had made a deal. | 0:37:31 | 0:37:33 | |
That he was going to face life in prison in exchange | 0:37:33 | 0:37:36 | |
for his testimony, | 0:37:36 | 0:37:37 | |
and it kind of made me suspect everything he was saying. | 0:37:37 | 0:37:40 | |
We're taking Tim's word - | 0:37:40 | 0:37:43 | |
who's a confessed killer - that this is what it was. | 0:37:43 | 0:37:48 | |
And that was hard for me. | 0:37:48 | 0:37:50 | |
Whether you want to believe Tim as to all of it, or not, | 0:37:51 | 0:37:54 | |
really wasn't the issue. | 0:37:55 | 0:37:57 | |
He gave us a narrative to be able to view Austin Meyers' conduct. | 0:37:57 | 0:38:03 | |
They had gone to a Dollar General store and bought ammonia... | 0:38:13 | 0:38:17 | |
CAMERA SHUTTER CLICKS | 0:38:17 | 0:38:19 | |
..just in case they needed to clean up any DNA evidence or | 0:38:19 | 0:38:21 | |
anything that they might leave. | 0:38:21 | 0:38:23 | |
They also bought latex gloves and they bought septic tank enzymes. | 0:38:24 | 0:38:28 | |
I originally kind of thought he was just a bystander, but | 0:38:43 | 0:38:47 | |
obviously as it went on, he was less a bystander and more involved. | 0:38:47 | 0:38:51 | |
And more of the driving force behind what happened. | 0:38:51 | 0:38:54 | |
They pretty much just said that he | 0:38:54 | 0:38:56 | |
was like the mastermind of it. | 0:38:56 | 0:38:58 | |
You'd be hard-pressed to find a case where there was more | 0:39:24 | 0:39:28 | |
prior calculation than what you had in this particular case. | 0:39:28 | 0:39:31 | |
We had all the evidence. | 0:39:38 | 0:39:40 | |
We had the video recordings where he's going in | 0:39:40 | 0:39:43 | |
and purchasing the murder weapon. | 0:39:43 | 0:39:45 | |
We have the video of them | 0:39:45 | 0:39:47 | |
going in to Pat's Place right before they go to the house. | 0:39:47 | 0:39:49 | |
We have the video of them driving to the house. | 0:39:54 | 0:39:56 | |
In the jury room we talked a lot about the fact that he has | 0:40:21 | 0:40:25 | |
gotten the supplies at the hardware store to make the wire. | 0:40:25 | 0:40:28 | |
To the very end, I questioned that, | 0:40:28 | 0:40:29 | |
did they really intend to kill him with that? | 0:40:29 | 0:40:33 | |
But one of the biggest moments in the trial for me was | 0:40:33 | 0:40:37 | |
when they started doing the autopsy. | 0:40:37 | 0:40:38 | |
And they showed pictures of where they found the body. | 0:40:38 | 0:40:41 | |
The fact that Austin was the one that shot Justin's body | 0:41:43 | 0:41:47 | |
after the fact. | 0:41:47 | 0:41:48 | |
He had no respect or no feelings in regards to it. | 0:41:48 | 0:41:52 | |
So I think that those things kind of started turning my perspective. | 0:41:52 | 0:41:57 | |
I prosecute a lot of people who do a lot of bad things, all right? | 0:41:57 | 0:42:01 | |
And there are a lot of people that I prosecute who do evil things. | 0:42:01 | 0:42:05 | |
But there are very few people who I would describe as being pure evil. | 0:42:06 | 0:42:12 | |
And Austin's one of them. | 0:42:12 | 0:42:14 | |
I've got pictures of Justin in here. | 0:42:30 | 0:42:35 | |
Originally I was like, "I won't ever go back in that house. | 0:42:35 | 0:42:38 | |
"I don't want anything to do with that house." | 0:42:38 | 0:42:41 | |
But I can imagine Justin coming through the back door | 0:42:41 | 0:42:45 | |
and coming through around the corner, "Hey, Mom!" | 0:42:45 | 0:42:49 | |
You know, I can still see that. | 0:42:49 | 0:42:52 | |
He's still here. I feel him here. | 0:42:52 | 0:42:56 | |
Like the other day, I went into his bedroom. | 0:42:56 | 0:42:59 | |
When I opened up the door, there's his bed and I could see him | 0:42:59 | 0:43:02 | |
laying in his crazy sleep positions. | 0:43:02 | 0:43:06 | |
And, um, that made me smile. | 0:43:08 | 0:43:11 | |
Because for that brief moment, they're there. | 0:43:13 | 0:43:15 | |
Give me a minute. | 0:43:22 | 0:43:24 | |
SHE SOBS | 0:43:24 | 0:43:27 | |
Everybody has their own agenda. | 0:44:01 | 0:44:03 | |
Tim Mosley had his own agenda, which at trial was to save his life. | 0:44:03 | 0:44:06 | |
And if there was a plan, it was to render Justin Back | 0:44:09 | 0:44:11 | |
unconscious and ransack the house. | 0:44:11 | 0:44:14 | |
And that was going to be it. | 0:44:14 | 0:44:16 | |
And I think that Tim Mosley lost control and went nuts. | 0:44:16 | 0:44:21 | |
And I don't think Austin Myers had any idea Tim Mosley was going | 0:44:21 | 0:44:23 | |
to pull out a knife and was going to start stabbing Justin Back. | 0:44:23 | 0:44:26 | |
They'd definitely just talked about Austin being this evil manipulator | 0:44:44 | 0:44:49 | |
mastermind and early on we learned | 0:44:49 | 0:44:51 | |
that Timmy actually killed Justin. | 0:44:51 | 0:44:54 | |
They didn't emphasise that. | 0:44:54 | 0:44:56 | |
No, they would say, "THEY killed Justin". | 0:44:56 | 0:45:00 | |
They would call them by the wrong names. | 0:45:00 | 0:45:02 | |
They would get everything mixed up and always, | 0:45:02 | 0:45:05 | |
always the spotlight would be on Austin. | 0:45:05 | 0:45:08 | |
I don't know why. | 0:45:08 | 0:45:09 | |
Even when Timmy is there saying what he did, this violent, | 0:45:48 | 0:45:52 | |
horrific thing that he did, OK, | 0:45:52 | 0:45:55 | |
they would just ignore that part. | 0:45:56 | 0:45:59 | |
They acted like he was, "Oh, he was just so helpful to us", | 0:45:59 | 0:46:04 | |
and "he was just such a good guy" kind of. | 0:46:04 | 0:46:06 | |
It just seemed like a witch-hunt | 0:46:06 | 0:46:08 | |
from the get-go | 0:46:08 | 0:46:09 | |
and they wanted to paint a picture a certain way to get | 0:46:09 | 0:46:12 | |
two convictions out of whatever had transpired. | 0:46:12 | 0:46:16 | |
Even Timmy said that Austin didn't know that he had the knife, | 0:46:31 | 0:46:34 | |
that Austin thought he was punching him instead of stabbing him. | 0:46:34 | 0:46:38 | |
And that when he finished stabbing Justin, | 0:46:38 | 0:46:41 | |
Timmy looked over at Austin who was sitting on the floor in shock. | 0:46:41 | 0:46:45 | |
That, to me, kind of drove it home that there was no plan to kill him. | 0:47:03 | 0:47:07 | |
No plan to murder anybody. | 0:47:07 | 0:47:09 | |
It's an absurdity to me that people would find Timothy Mosley credible. | 0:47:11 | 0:47:17 | |
But a lot of people want to impute a lot of meaning | 0:47:17 | 0:47:20 | |
to how they acted when they were in the cells. | 0:47:20 | 0:47:23 | |
And Austin's demeanour was something | 0:47:23 | 0:47:25 | |
that was raised time and time | 0:47:25 | 0:47:27 | |
and time again. | 0:47:27 | 0:47:27 | |
When I was in the room with Austin, | 0:47:37 | 0:47:39 | |
talking to him, there was just nothing. | 0:47:39 | 0:47:42 | |
It was like you would look at him, he was just shallow. | 0:47:42 | 0:47:44 | |
They say this, the eyes are the window to the soul. | 0:47:44 | 0:47:48 | |
When you look in Austin's eyes, there is no soul. | 0:47:48 | 0:47:50 | |
I think his lack of emotion was used against him, | 0:47:52 | 0:47:54 | |
which labelled him as a psychopath from the moment | 0:47:54 | 0:47:57 | |
that the police had contact with him, to picking him up and going | 0:47:57 | 0:48:01 | |
through the interview process and sitting in court and all that. | 0:48:01 | 0:48:05 | |
Yeah, I think it was held against him. | 0:48:05 | 0:48:06 | |
Austin's not generally one to let his emotions hang on his sleeve. | 0:48:23 | 0:48:27 | |
Yeah, if someone's insulting him or attacking him, | 0:48:27 | 0:48:31 | |
he tends to appear emotionless. | 0:48:31 | 0:48:33 | |
That's probably partially my fault. | 0:48:33 | 0:48:35 | |
I've taught my kids that letting your emotions react for you | 0:48:36 | 0:48:41 | |
generally doesn't work out well. | 0:48:41 | 0:48:43 | |
He is a product of his environment. | 0:48:43 | 0:48:46 | |
From what everyone told me, including his family, | 0:48:46 | 0:48:48 | |
once his parents got divorced everything changed for him. | 0:48:48 | 0:48:51 | |
His whole attitude, his demeanour, his appearance completely changed. | 0:48:51 | 0:48:55 | |
But I don't think he's a cold, heartless person, I really don't. | 0:48:55 | 0:48:58 | |
I think it's just his personality. | 0:48:58 | 0:48:59 | |
-AUSTIN: -I can only imagine the pain and loss | 0:49:11 | 0:49:14 | |
felt by Mark and Sandy Cates. | 0:49:14 | 0:49:16 | |
I have brothers and sisters myself, | 0:49:18 | 0:49:20 | |
I can only imagine what it would be like to lose one of them. | 0:49:20 | 0:49:23 | |
I'm sorry that this happened. | 0:49:27 | 0:49:29 | |
And I know that doesn't bring Justin back. But I'm sorry. | 0:49:29 | 0:49:33 | |
I don't think Austin knew how to act. | 0:49:36 | 0:49:38 | |
He was trying to hold himself together and be strong | 0:49:38 | 0:49:41 | |
and here he is, in this courtroom, | 0:49:41 | 0:49:43 | |
and he's surrounded by people who hate his guts. | 0:49:43 | 0:49:46 | |
They hate him with all their being. | 0:49:46 | 0:49:47 | |
If you choose for me to die, it's only going to cause more pain | 0:49:49 | 0:49:52 | |
and suffering. | 0:49:52 | 0:49:54 | |
For another family. | 0:49:55 | 0:49:57 | |
I think that he really was trying to guilt the jury | 0:49:58 | 0:50:02 | |
into not giving him the death penalty. | 0:50:02 | 0:50:05 | |
There was no remorse. | 0:50:05 | 0:50:06 | |
He doesn't really show a lot of remorse. I never saw that from him. | 0:50:06 | 0:50:11 | |
I wish that he would have shown a little bit remorse. | 0:50:11 | 0:50:14 | |
It probably would have helped me a little bit. | 0:50:14 | 0:50:16 | |
It won't hurt me, I won't feel anything. | 0:50:16 | 0:50:19 | |
It's going to hurt more innocent people. | 0:50:19 | 0:50:21 | |
It was not the demeanour of somebody who was upset or traumatised | 0:50:21 | 0:50:27 | |
or remorseful. | 0:50:27 | 0:50:30 | |
It was the demeanour of a serial killer. | 0:50:30 | 0:50:33 | |
Austin Myers took the stand and asked the jury | 0:50:35 | 0:50:37 | |
to spare his life, not for himself, but for his family. | 0:50:37 | 0:50:41 | |
Now the prosecution, though, says that he deserves death | 0:50:41 | 0:50:44 | |
for killing Justin Back. | 0:50:44 | 0:50:46 | |
Why should Austin Myers get the death penalty from this jury | 0:50:49 | 0:50:56 | |
when Tim Mosley - the person who struck the fatal blow - | 0:50:56 | 0:51:00 | |
got life without parole? | 0:51:00 | 0:51:02 | |
Here's why. | 0:51:02 | 0:51:03 | |
Tim co-operates, Austin doesn't. | 0:51:03 | 0:51:05 | |
Tim tells the truth, Austin lies. | 0:51:06 | 0:51:08 | |
Tim tries to come in here and testify and take ownership | 0:51:10 | 0:51:13 | |
of everything that happened, Austin blamed the jurors. | 0:51:13 | 0:51:17 | |
In my head I think I blame Austin more than I do Tim. | 0:51:18 | 0:51:21 | |
And I know that sounds wrong | 0:51:21 | 0:51:22 | |
because Tim was the one who actually stabbed him. | 0:51:22 | 0:51:25 | |
But the words that the prosecutor kept using was Austin was | 0:51:26 | 0:51:30 | |
the murderer, Tim was just his weapon of choice. | 0:51:30 | 0:51:32 | |
I do have more of a hatred for Austin than I do Tim | 0:51:34 | 0:51:39 | |
because Austin knows Justin. | 0:51:39 | 0:51:42 | |
Mosley never met Justin previous to the day before. | 0:51:42 | 0:51:47 | |
A death penalty riding on the decision of a Warren County jury this evening. | 0:51:49 | 0:51:53 | |
Jurors, in fact, are still deliberating at this time | 0:51:53 | 0:51:56 | |
in the murder trial of Austin Myers. | 0:51:56 | 0:51:58 | |
I saw the jury foreman handing over the paper and her hand was shaking. | 0:52:06 | 0:52:13 | |
The jury walks back in. | 0:52:15 | 0:52:16 | |
And when I looked at them, I knew what they were going to say, before they said it. | 0:52:16 | 0:52:20 | |
I could just tell - they weren't looking at me. | 0:52:20 | 0:52:22 | |
But still you're thinking, well, surely not. | 0:52:22 | 0:52:25 | |
Even though I just kind of knew. | 0:52:25 | 0:52:27 | |
And then they said it and I just... | 0:52:27 | 0:52:30 | |
We therefore unanimously find the sentence of death be | 0:52:42 | 0:52:45 | |
imposed upon Austin Myers. | 0:52:45 | 0:52:47 | |
Austin Myers sat stoically when he heard the jury's decision. | 0:52:47 | 0:52:51 | |
His mother couldn't hide her feelings as well. | 0:52:51 | 0:52:53 | |
Er, Justin's family was very happy about the verdict. | 0:52:56 | 0:52:59 | |
Which, if you're for the death penalty, then I mean, that's their son they're trying to vindicate. | 0:53:04 | 0:53:09 | |
You know, I don't hate them for that. | 0:53:09 | 0:53:11 | |
But it just breaks my heart. | 0:53:11 | 0:53:13 | |
Oh! | 0:53:20 | 0:53:22 | |
Oh... | 0:53:23 | 0:53:24 | |
I didn't react the way that I thought that I would. | 0:53:28 | 0:53:31 | |
I was happy. | 0:53:31 | 0:53:34 | |
But again it's the shock and it's like... | 0:53:34 | 0:53:38 | |
"Is this for real?" | 0:53:38 | 0:53:40 | |
You know? | 0:53:40 | 0:53:43 | |
"Is this really for real?" | 0:53:43 | 0:53:44 | |
You know, it's my boy. | 0:53:49 | 0:53:50 | |
Sorry. | 0:53:53 | 0:53:55 | |
But I had to explain to them why is it worth him even existing. | 0:53:59 | 0:54:05 | |
Like, he should be exterminated? | 0:54:05 | 0:54:07 | |
He didn't do this. | 0:54:09 | 0:54:10 | |
Outside the court room, | 0:54:14 | 0:54:15 | |
Justin Back's family walked silently to the media. | 0:54:15 | 0:54:18 | |
It meant that... | 0:54:18 | 0:54:20 | |
..one day it'll be over. | 0:54:20 | 0:54:24 | |
I don't see how anybody could have looked at that evidence | 0:54:26 | 0:54:29 | |
and concluded anything other than Austin Myers planned to | 0:54:29 | 0:54:32 | |
kill his childhood friend. | 0:54:32 | 0:54:33 | |
The defence walked out of the courtroom with no comment. | 0:54:33 | 0:54:37 | |
Do I think that Austin Myers is the worst of the worst given | 0:54:37 | 0:54:40 | |
the fact that he was a compliciter and not the principal offender? | 0:54:40 | 0:54:44 | |
Absolutely not. | 0:54:44 | 0:54:45 | |
So, does he deserve the death penalty? No, no. | 0:54:45 | 0:54:48 | |
Because if Austin Myers is the worst of the worst, | 0:54:48 | 0:54:53 | |
then Tim Mosley is 100 times worse than Austin Myers | 0:54:53 | 0:54:57 | |
and he took a deal and he got life in prison. | 0:54:57 | 0:54:59 | |
You have to be able to live with yourself for being part of that... | 0:55:01 | 0:55:05 | |
that process. | 0:55:05 | 0:55:07 | |
But I am able to do that. | 0:55:08 | 0:55:11 | |
The trial was, I think, | 0:55:24 | 0:55:25 | |
an interesting study in human psychology because it was | 0:55:25 | 0:55:30 | |
a collective human response relative to a tragedy in the community. | 0:55:30 | 0:55:34 | |
Austin Myers being sentenced to death | 0:55:38 | 0:55:40 | |
and Timothy Mosley getting life make no sense. | 0:55:40 | 0:55:43 | |
Because the trial is supposed to be based on a reason and not emotion. | 0:55:43 | 0:55:48 | |
I would love to be able to tell you what the deciding factor was for me. | 0:55:51 | 0:55:55 | |
But I just remember it was like a switch in my head of, | 0:55:55 | 0:55:59 | |
"You know what, this is the right thing to do." | 0:55:59 | 0:56:02 | |
I sat through the trial and watched them paint whatever | 0:56:05 | 0:56:08 | |
picture they wanted to paint and they didn't bother to get to the truth. | 0:56:08 | 0:56:12 | |
And all these people want your son dead | 0:56:12 | 0:56:16 | |
because they don't care about the truth. | 0:56:16 | 0:56:18 | |
If Austin Myers had come to me and said, | 0:56:22 | 0:56:25 | |
"I will do life without patrol" - | 0:56:25 | 0:56:27 | |
he had taken responsibility for his actions, | 0:56:27 | 0:56:30 | |
he had not put Justin Back's family through that trial - | 0:56:30 | 0:56:34 | |
I don't know what I would have done. | 0:56:34 | 0:56:36 | |
I don't know. | 0:56:39 | 0:56:40 | |
He never took responsibility | 0:56:43 | 0:56:44 | |
and so at the end of the day, he got what he deserved. | 0:56:44 | 0:56:46 | |
The whole situation now is just heartbreaking. | 0:56:57 | 0:57:00 | |
You can't even stop to think about it, OK? | 0:57:00 | 0:57:02 | |
Because you would be crushed and devastated every minute. | 0:57:02 | 0:57:06 | |
Her boy's just gone. And I hate it. | 0:57:15 | 0:57:19 | |
I would do anything for that to not be true. | 0:57:21 | 0:57:24 | |
I can't stop having hope that something will get resolved here | 0:57:27 | 0:57:31 | |
and I can't even let myself imagine anything other than an execution. | 0:57:31 | 0:57:36 | |
My brain won't go there. | 0:57:36 | 0:57:38 | |
I still can't believe it. | 0:57:42 | 0:57:44 | |
I know what happened. I don't believe it. | 0:57:44 | 0:57:47 | |
You think about it every day. | 0:57:49 | 0:57:50 | |
And it plays in your head every day, drives you crazy. | 0:57:50 | 0:57:53 | |
I try not to look too far ahead. | 0:57:55 | 0:57:57 | |
The future don't look too good. | 0:57:57 | 0:57:58 | |
My future? Driving down twice a month to see my son. | 0:58:00 | 0:58:03 | |
And it will be forever. | 0:58:03 | 0:58:05 | |
Yup. I will go down there every two weeks forever. | 0:58:06 | 0:58:09 | |
God, I miss you. | 0:58:14 | 0:58:16 | |
It makes no sense, and I think that's the hard thing for people | 0:58:23 | 0:58:26 | |
to wrap their heads around. | 0:58:26 | 0:58:27 | |
There was no reason for this to destroy three families. | 0:58:27 | 0:58:30 | |
I would like to go to the site where they took Justin. | 0:58:39 | 0:58:42 | |
I wasn't there. | 0:58:51 | 0:58:53 | |
And it really bothers me that he was there by himself all night. | 0:58:53 | 0:58:57 | |
Even though it was just his body. | 0:58:57 | 0:58:59 | |
It would be nice to pay my respects there. | 0:59:00 | 0:59:03 | |
Just to say goodbye. | 0:59:03 | 0:59:05 | |
Um, just doing what I can to move on. | 0:59:07 | 0:59:12 |