Truth Life and Death Row


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This programme contains some strong language and scenes which some viewers may find disturbing.

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How do you cause that kind of pain to another human being?

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I don't get it.

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I was there. I saw what he looked like. I saw what they did to him.

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This wasn't just a burglary.

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Their plan from the beginning was to kill somebody.

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There are only three people who know what happened in that room,

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one of whom is dead.

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You've got to take the story that makes the most sense.

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Waynesville is a small town.

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The community itself's very tight knit.

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They're known for their shops, their antique stores

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and people that live there usually know their neighbours.

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They kind of look out for each other.

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It's country. It's small-town America.

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You could leave your bike laying out in the yard.

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You didn't have to worry about your kids all the time, you know.

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We barely locked our doors.

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RECORDING PLAYS

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CAMERA SHUTTER CLICKS

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I got home about 7:25 in the evening. And the house was dark.

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And things just didn't feel right.

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CAMERA SHUTTER CLICKING

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I went in the bedroom to start taking off my uniform

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and I asked Sandy, "Did you move the jewellery box?"

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"Your jewellery box has gone." I said, "No."

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And he's like, "I think we have been robbed."

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So he's like, "The safe. My gun!"

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The deputy that went out there that night believed that at first this was a burglary.

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Then as he spoke with Mark and Sandy Cates,

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he started realising

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there were some things that didn't add up to a burglary.

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The kitchen table is pushed against the wall.

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There's rugs missing from the kitchen.

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And we're thinking, who would steal rugs? Why would somebody take that?

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When Mark came back, Justin wasn't with him.

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I'm like, "Where's Justin?" He was like, "I don't know."

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I was like, "OK, something's not right."

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So then the police get here.

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And so they are thinking there's drugs involved. You know,

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18-year-old kid, stealing from Mum and Dad, there's drugs involved.

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Well, that changed soon...soon.

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Because I was sitting on the love seat

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and then I noticed that there were pink smudges on the carpet.

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CAMERA SHUTTER CLICKS

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I was like, "What is that?"

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And he was like, "Ma'am, you're overreacting.

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"If it's blood, there would be a lot more of it."

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I said, "No, what I'm telling you is, that wasn't there when I left."

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Talking with one of the neighbours, they told us that

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they had seen a Chevy Cavalier in the driveway during the day.

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The description of this car was a silver car

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with a busted-out back window

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with plastic in the window with red tape

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and a certain bumper sticker on that car.

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That car, Mark remembered seeing at the home the day before.

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Well, the day before everything happened,

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I saw a car in the drive that I didn't recognise.

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And I came on in and there were two guys sitting here,

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in the living room.

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Justin said, "Mark, this is Austin and Tim."

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He said, "You remember Austin, right?"

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Well, back when Justin was in eighth grade, him and Austin were friends.

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Austin and Justin played football together.

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But Tim didn't know Justin.

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So our next step was to begin to identify who Austin was...

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..and who Tim was.

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And his neighbouring jurisdiction, they knew 'em.

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I knew Austin and Timmy.

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About four years, they were students at our high school.

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So I saw them about every day.

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Timmy would go out of his way to say hi and asked me questions

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and talk to me.

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He was very outgoing, social, lots of friends.

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Austin was a little different.

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He wasn't as social.

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He was hard to get to know.

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And never really engaged in conversation like Timmy would.

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I don't know... I thought they were best friends.

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But they hung around in school.

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We put out the car description.

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Probably within an hour to two hours

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we were told that local jurisdiction had stopped that car

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and they actually had Austin Myers and a Tim Mosley with him.

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That was kind of our big break.

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They were taken in and the first round of stories, both of them lied.

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They said they did not know where Justin was.

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They had no idea where he would have been and hadn't seen him.

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Tim Mosley didn't want to talk to us and then we tried to talk

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with Austin, and he tells us he'd rather speak to an attorney.

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So we stopped.

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At Justin's home,

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we decided we were going to cut that carpeting out.

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And that's what we did.

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And once we cut that carpeting and able to pull those layers back,

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and get into the sub floor, we were able to see what we knew was blood.

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I mean, it was very apparent and quite a bit of it.

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But as we pulled it open, you could actually see a much larger

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stain that had been soaked into the padding,

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and then down below onto the sub flooring of the house.

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One of the crime scene deputies notices what

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he thinks is also blood that's underneath the refrigerator

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and also little specks - very small droplets -

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that are on a wood floor in the kitchen.

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Once we started seeing those,

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we really started getting concerned here.

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There's a lot of...

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There's more blood here than we realise.

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We started thinking maybe this was cleaned up and maybe we need to

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try and use the blood reagent to see exactly how much blood is here.

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Very easy to use. You spray it on top of things and once you turn the lights down,

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it glows.

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As soon as you clean it up, you can still see the blood.

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I remember that being, um, huge.

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You actually see details, because you can see shadows of footprints.

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You can see where people are laying.

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You can see the way that it was wiped. How they cleaned it up.

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You can see all the blood all throughout that kitchen.

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Once I saw that, I think all of us, we were in shock, just stunned.

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Because you start going from "he's alive" to,

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"I hope he is still alive", to, "Oh, no. No, there's too much here."

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There's way too much here. It's been cleaned up.

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And I remember having a phone conversation with Sergeant Hounshell,

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saying, "Justin's dead.

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"There's no doubt in my mind, there's too much blood here."

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HE TAPS ON WINDOW

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Austin, at one point, taps on the glass.

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And I go in the room and he says, "I want to talk to you."

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You OK?

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So we would start talking with him

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and that is when he starts laying out what happened.

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I used to love the snow. I used to think it was beautiful.

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Just how everything's quiet. You know?

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It's just different.

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And now, just seeing a snow flurry

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is like, here we go.

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And I think that is why it's so hard right now to...

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It's because I know what's coming.

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We had some deputies on the ground who were able to go in and actually recover Justin.

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Who was found in a wood line.

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Very, very brutally... brutally treated.

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Um...

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I get the question, why do you go out to crime scenes?

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You're the prosecutor, there's no need for you.

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You have investigators who are the ones

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that are responsible for collecting all the evidence.

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But I'm the one that is going to have to tell the story of what

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happened to Justin Back.

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I was there. I saw what he looked like.

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I saw what they did to him.

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They had basically dumped him next to a large fallen tree.

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It was brutally cold.

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Even at one or two in the afternoon, it was still between ten

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and 15 degrees below zero Fahrenheit.

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So his body was frozen in the position in which it was dumped.

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I noticed he didn't have shoes on.

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For some reason, that bothered me, that he didn't have shoes on.

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And in many ways, it didn't look real.

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Because as I was looking at him...

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he looked like a porcelain doll.

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HE SIGHS

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What a horrible way to go.

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You know, what a horrible way to have your life end up.

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We all think of the end of our life and what it's going to be like.

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And I don't think anybody thinks they are going to end up

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dumped in the middle of a field, where it is 15 degrees below zero.

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And certainly no parent would ever expect that something

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like that is going to be the final chapter of their child's life.

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I was out in my car making a phone call.

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And I looked in the rear-view mirror and Sheriff Sims pulled in.

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It was not one of the other deputies.

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It was the Sheriff.

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The instant I saw the Sheriff... I knew it was over.

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The Sheriff and I went inside.

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Me and Sandy and him sat down at the dining room table.

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And...

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he proceeded to tell us that they'd found him and he was gone.

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Um, the house erupted in tears.

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Sandy, Julie, myself...

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You know, we all just...

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There's no holding that back, you know?

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You're not supposed to bury your kids.

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I had...

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It stole every breath.

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You just can't...

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I don't know.

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Sheriff Sim's words just played on a loop, especially in the beginning.

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"Justin's deceased."

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I remember just screaming and falling on the floor.

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Then you wake up the next morning...

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..and you are like, "Oh, my God, we have to bury our son."

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SHE EXHALES

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The two rooms that we have there at Clayton PD,

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they were like holding cells

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and Tim was able to hear through the wall.

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They go up to the door.

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And Justin being the person that is, he invites them in.

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He offers them something to drink.

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Austin says just out of nowhere, Tim Mosley decides

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he's going to get up and take this cable that he's made, or a garrotte

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as he called it, and put it around Justin's neck and choke him.

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But as he's going over his head,

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he doesn't get it all the way to his neck and actually hit his chin.

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TV REPORTS: 'We began with breaking news. Two men arrested now for a murder in Waynesville.

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'Details are still coming in to us right now.

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'This started, though, as a search...

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'The victim had been choked.

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'He had been stabbed. Eventually shot.

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-'Karen, this is so gruesome, we're finding out.

-It is.

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'The Sheriff here in Warren County just identified...'

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'This is a very brutal murder.

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'Far all intents and purposes,

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'Justin Back was an innocent victim in this.'

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I got a phone call from my ex-wife saying that they thought there was

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a burglary done in Waynesville and it was Justin Back's house.

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And Justin wasn't there.

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And they were thinking Austin had something to do with it.

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So, my first thought was, there's no way Austin would have anything to do

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with something like that.

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About four years ago, was the first time we met Timmy.

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Always been respectful to me as could be, but he had a...

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..a rough edge to him.

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He wasn't gentle.

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HE TAPS WALL WITH HIS FOOT

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In most cases, the last thing that you want is for one

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defendant to know what the other defendant is saying.

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But in this case, it actually worked out to our benefit.

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HE CONTINUES TAPPING THE WALL WITH HIS FOOT

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He decides he's going to come completely clean.

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And I think he also believed that Austin was throwing him

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under the bus.

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No-one believed it. No-one believed it at all.

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And I was just like, and when I heard it, my heart sank. I was like,

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"That's not my son.

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"You know, he is not capable of doing that." So...

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Tim couldn't confess quick enough.

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Once he started, he couldn't do it quick enough.

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He went through ten, 12, 15 glasses of water.

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He was talking that quickly to get this information out.

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And it wasn't as if the things that he was taking

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responsibility for were beneficial to him.

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So when you're looking at who's telling the truth and who isn't,

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you look at those kind of factors.

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He told us he was the one that put the cable, the garrotte,

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around Justin's neck.

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He told us he was the one that panicked

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and started stabbing him, but he says Austin had come up with this.

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This was Austin's idea.

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Tim is telling you everything he knows as quick as he can.

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Austin is thinking. "How am I going to get out of this?

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"How do I make this better? What do they know? What can I pin on Tim?"

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The first time Austin came here, they came to pick something up.

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There were going to a friend of theirs house,

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probably to play PlayStation or something.

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And I had this vibe, I just did NOT like him.

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When Timmy came home that night, I told him

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I want him to stay away from him.

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The problem was that Austin contradicted himself multiple times,

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so what was Austin's version of the events? Which version?

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There are only three people who know what happened in that room,

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one of whom was dead, and that was Justin Back.

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So that so that left Austin Myers and Timothy Mosley.

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So at that point, it's one person's word against another.

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The body of 18-year-old Justin Back was found

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Wednesday in Prebble County, stabbed, beaten and shot to death.

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But tonight's memorial wasn't about his death,

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but to remember Justin's brief but special life.

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Heard nothing but good things about Justin.

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He was an amazing kid, I think.

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Very driven, knew what he wanted in life.

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By all accounts, he was a great son.

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And in like two weeks, he was set to go to the Navy.

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And to describe him as being the perfect kid - I think he was!

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And he was loved by a lot of people.

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Mark and Sandy Cates were going to hear how Justin was murdered.

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And I didn't want the courtroom to be the first place for them

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to hear that information.

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So I basically walked them through the story, and...

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..that was, that was the most difficult thing

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I've ever done in my career. Ever.

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I'll never see him get married.

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I'll never hold my grand-baby.

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SHE SOBS

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All from one choice.

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This is Justin.

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From Waynesville, Ohio!

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CHEERING AND APPLAUSE

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And I blame myself because I couldn't protect him.

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And it makes me feel like I let it happen.

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All I know right now is loss.

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And that angers me.

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The heartbreak of a community.

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Tonight in Waynesville they grieved the death of murder victim

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Justin Back.

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Choked, stabbed, shot...

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When something like this

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happens in a place like Waynesville, I think in the community there was

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almost an expectation

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that it was going to be presented as a capital case.

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-REPORTER:

-Small groups of people waved Old Glory as the hearse with

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the American flag-draped casket drove through the streets.

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You do hear a lot of people calling for blood.

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You do hear people saying that they just know they're guilty

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because of the desire to make somebody pay.

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I needed to make the decision, is this the kind of case

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that I think my community believes warrants the death penalty?

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Is this so heinous a crime?

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Because as the prosecutor, I can stop it

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right from the outset.

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And so this is the most difficult decision that a prosecutor makes.

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It's a senseless crime. It's a senseless killing.

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If you're really looking for money,

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you're going to go in and kill somebody?

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CAMERA SHUTTER CLICKS

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Wait till everybody's gone.

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The kid's going into the military in a week.

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Dad works, Mum works.

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Break into the house after they're gone. You may never get caught.

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There was a brutal murder.

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And I think people just kind of get to the point where they just

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see a really good narrative and they say, "That makes sense".

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The first time I met Austin, what was striking about him

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was how young he was.

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And certainly he is a very intelligent person,

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very well read, very well spoken.

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So it was really hard to reconcile these charges,

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cos it's not someone who looks like he's capable of murder.

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When I try a case, I view myself as a storyteller.

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I'm trying to do the best job that I can to relay to the jury

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the story that makes sense.

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And in the process, persuade them to find the defendant guilty,

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and sentence the defendant to death.

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'And one of the two teens accused of killing 18-year-old Justin Back

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'could face the death penalty if convicted.

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'WLWT 5's Karen Johnson taking us

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'inside the Lebanon courtroom for the Austin Myers trial.'

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It was very obvious both of them were involved.

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The question was, to what extent?

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Who was responsible and who made the

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choices that led them to this point?

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From the beginning of the trial, I'm questioning,

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why are we trying to pin this on Austin Myers

0:30:530:30:56

when it seems like he's always in the background.

0:30:560:30:59

The prosecution's argument was that Austin Myers made all those choices.

0:31:200:31:26

That he was the one that chose Justin as the victim

0:31:260:31:29

and led Tim Mosley there.

0:31:290:31:32

Austin maintained his innocence all along.

0:31:350:31:37

From Austin's perspective it unfolded right before him

0:31:370:31:40

and it was like watching an accident happen.

0:31:400:31:42

There was relatively little evidence that implicated Austin Myers

0:31:580:32:02

directly, other than the fact that he was there.

0:32:020:32:05

So, you have these two competing stories.

0:32:050:32:09

They had Tim.

0:32:090:32:10

He admitted to it,

0:32:100:32:12

so that's why they focused all their attention on Austin.

0:32:120:32:15

They wanted to convict him. They already had Timmy.

0:32:150:32:18

But now they wanted Austin.

0:32:180:32:19

We have rules of evidence in the country that don't allow us

0:32:230:32:27

to use Tim's video recorded confession against Austin,

0:32:270:32:31

unless Tim testifies at trial.

0:32:310:32:33

My goal was to make sure Austin never got out of prison.

0:32:360:32:41

The idea that there was any possibility that he would be

0:32:410:32:45

acquitted was just not something I could live with.

0:32:450:32:48

And we didn't want to run the risk that if Tim's confession

0:32:480:32:53

doesn't come in to Austin's trial,

0:32:530:32:55

that the jury doesn't get the complete picture of what happened.

0:32:550:32:58

My best shot at getting a conviction against Austin Myers was

0:33:030:33:08

to do something that allowed Tim's statement to come in at trial,

0:33:080:33:12

and the only way for that to happen was for me

0:33:120:33:14

to do a plea agreement with Tim.

0:33:140:33:16

Two to three weeks before Austin's trial begins,

0:33:200:33:23

I get a call from the prosecutor

0:33:230:33:26

telling me that Tim Mosley has agreed to a plea deal,

0:33:260:33:31

to accept a sentence of life without the possibility of parole,

0:33:310:33:35

in exchange for him coming in and testifying against Austin.

0:33:350:33:38

So we met with Austin.

0:33:400:33:42

We told him in no uncertain terms this does not look good.

0:33:420:33:45

I said, "You need to let me try to work a deal for you."

0:33:450:33:49

Austin said, "No."

0:33:490:33:51

Austin did say, "If there is a 1% chance that I could be free,

0:33:520:33:56

"then I want to take that chance."

0:33:560:33:59

There was absolutely no remorse from Austin Myers for what he did.

0:34:030:34:08

And so really for me,

0:34:080:34:10

it came down to Tim agreeing to take responsibility for what he had done.

0:34:100:34:16

I don't really think he knows how it all happened.

0:34:290:34:32

I believe Austin planned it out.

0:34:330:34:35

And whoever he would have gotten

0:34:360:34:38

to do his muscle work, Austin

0:34:380:34:40

planned it out and knew damn well what he was getting ready to do.

0:34:400:34:43

It's just he pulled my son into it, too.

0:34:430:34:45

A lot of Timmy's friends said

0:34:470:34:48

Timmy didn't know what was going to happen.

0:34:480:34:51

But then why did you let Austin talk you into it?

0:34:520:34:56

Today on the witness stand, Timothy Mosley testified that

0:34:560:34:59

Austin Myers believed there was

0:34:590:35:01

20,000 in a safe belonging to Justin Back's parents.

0:35:010:35:05

Mosley explained that Myers came up with the idea to kill Back,

0:35:050:35:08

who was just a short time away from going into the Navy.

0:35:080:35:11

Like that? That's my son's room.

0:35:150:35:17

His trophies - football trophies, basketball trophies.

0:35:220:35:25

They're still up there. He's got his bed, his clothes, got his shoes.

0:35:250:35:28

Still where he left them.

0:35:290:35:31

I used to go into Timmy's room a lot.

0:35:310:35:34

But it was hard.

0:35:340:35:35

You know, I used to sit there and cry, it was just...

0:35:350:35:38

You only have about 9-12 months to do that

0:35:380:35:40

and then you've got to get on with it.

0:35:400:35:42

God, it's a mess in here!

0:35:440:35:45

I know I can't even yell at him for it.

0:35:450:35:47

"Timmy, clean up your room."

0:35:480:35:50

You don't know what your kids are doing.

0:36:030:36:05

I guess I didn't know he was into drugs.

0:36:050:36:07

I did know he was depressed.

0:36:070:36:09

There was a point in time where he was depressed.

0:36:090:36:12

And I found that out one night when he wouldn't talk to me

0:36:120:36:15

and I went in there and he'd sliced his arm all up.

0:36:150:36:18

And there was blood everywhere.

0:36:180:36:19

It stays that way.

0:36:220:36:23

Nobody goes in there any more.

0:36:250:36:26

Unless I feel down and out, then I go in there.

0:36:280:36:30

Timmy left me a note.

0:36:350:36:37

It said, "I'm sorry.

0:36:370:36:39

"I didn't mean for this to happen.

0:36:390:36:41

"I wish I could go back and change it."

0:36:410:36:43

And, um, "I love you, Mom."

0:36:440:36:46

He wanted to go to California and work.

0:36:560:36:58

And then he wanted to join the Marines.

0:36:580:37:00

And that didn't happen.

0:37:000:37:02

Cos I didn't buy the plane ticket.

0:37:020:37:04

Should have!

0:37:050:37:07

Could have.

0:37:070:37:08

Didn't.

0:37:080:37:09

If I had bought it, he wouldn't have been here.

0:37:090:37:12

Then he wouldn't be in this mess and he wouldn't be away for life.

0:37:180:37:22

'Timothy Mosley matter-of-factly described today how he says

0:37:220:37:25

'he and Austin Myers killed 18-year-old Justin Back.'

0:37:250:37:29

We knew, going in,

0:37:290:37:31

that Tim Mosley had made a deal.

0:37:310:37:33

That he was going to face life in prison in exchange

0:37:330:37:36

for his testimony,

0:37:360:37:37

and it kind of made me suspect everything he was saying.

0:37:370:37:40

We're taking Tim's word -

0:37:400:37:43

who's a confessed killer - that this is what it was.

0:37:430:37:48

And that was hard for me.

0:37:480:37:50

Whether you want to believe Tim as to all of it, or not,

0:37:510:37:54

really wasn't the issue.

0:37:550:37:57

He gave us a narrative to be able to view Austin Meyers' conduct.

0:37:570:38:03

They had gone to a Dollar General store and bought ammonia...

0:38:130:38:17

CAMERA SHUTTER CLICKS

0:38:170:38:19

..just in case they needed to clean up any DNA evidence or

0:38:190:38:21

anything that they might leave.

0:38:210:38:23

They also bought latex gloves and they bought septic tank enzymes.

0:38:240:38:28

I originally kind of thought he was just a bystander, but

0:38:430:38:47

obviously as it went on, he was less a bystander and more involved.

0:38:470:38:51

And more of the driving force behind what happened.

0:38:510:38:54

They pretty much just said that he

0:38:540:38:56

was like the mastermind of it.

0:38:560:38:58

You'd be hard-pressed to find a case where there was more

0:39:240:39:28

prior calculation than what you had in this particular case.

0:39:280:39:31

We had all the evidence.

0:39:380:39:40

We had the video recordings where he's going in

0:39:400:39:43

and purchasing the murder weapon.

0:39:430:39:45

We have the video of them

0:39:450:39:47

going in to Pat's Place right before they go to the house.

0:39:470:39:49

We have the video of them driving to the house.

0:39:540:39:56

In the jury room we talked a lot about the fact that he has

0:40:210:40:25

gotten the supplies at the hardware store to make the wire.

0:40:250:40:28

To the very end, I questioned that,

0:40:280:40:29

did they really intend to kill him with that?

0:40:290:40:33

But one of the biggest moments in the trial for me was

0:40:330:40:37

when they started doing the autopsy.

0:40:370:40:38

And they showed pictures of where they found the body.

0:40:380:40:41

The fact that Austin was the one that shot Justin's body

0:41:430:41:47

after the fact.

0:41:470:41:48

He had no respect or no feelings in regards to it.

0:41:480:41:52

So I think that those things kind of started turning my perspective.

0:41:520:41:57

I prosecute a lot of people who do a lot of bad things, all right?

0:41:570:42:01

And there are a lot of people that I prosecute who do evil things.

0:42:010:42:05

But there are very few people who I would describe as being pure evil.

0:42:060:42:12

And Austin's one of them.

0:42:120:42:14

I've got pictures of Justin in here.

0:42:300:42:35

Originally I was like, "I won't ever go back in that house.

0:42:350:42:38

"I don't want anything to do with that house."

0:42:380:42:41

But I can imagine Justin coming through the back door

0:42:410:42:45

and coming through around the corner, "Hey, Mom!"

0:42:450:42:49

You know, I can still see that.

0:42:490:42:52

He's still here. I feel him here.

0:42:520:42:56

Like the other day, I went into his bedroom.

0:42:560:42:59

When I opened up the door, there's his bed and I could see him

0:42:590:43:02

laying in his crazy sleep positions.

0:43:020:43:06

And, um, that made me smile.

0:43:080:43:11

Because for that brief moment, they're there.

0:43:130:43:15

Give me a minute.

0:43:220:43:24

SHE SOBS

0:43:240:43:27

Everybody has their own agenda.

0:44:010:44:03

Tim Mosley had his own agenda, which at trial was to save his life.

0:44:030:44:06

And if there was a plan, it was to render Justin Back

0:44:090:44:11

unconscious and ransack the house.

0:44:110:44:14

And that was going to be it.

0:44:140:44:16

And I think that Tim Mosley lost control and went nuts.

0:44:160:44:21

And I don't think Austin Myers had any idea Tim Mosley was going

0:44:210:44:23

to pull out a knife and was going to start stabbing Justin Back.

0:44:230:44:26

They'd definitely just talked about Austin being this evil manipulator

0:44:440:44:49

mastermind and early on we learned

0:44:490:44:51

that Timmy actually killed Justin.

0:44:510:44:54

They didn't emphasise that.

0:44:540:44:56

No, they would say, "THEY killed Justin".

0:44:560:45:00

They would call them by the wrong names.

0:45:000:45:02

They would get everything mixed up and always,

0:45:020:45:05

always the spotlight would be on Austin.

0:45:050:45:08

I don't know why.

0:45:080:45:09

Even when Timmy is there saying what he did, this violent,

0:45:480:45:52

horrific thing that he did, OK,

0:45:520:45:55

they would just ignore that part.

0:45:560:45:59

They acted like he was, "Oh, he was just so helpful to us",

0:45:590:46:04

and "he was just such a good guy" kind of.

0:46:040:46:06

It just seemed like a witch-hunt

0:46:060:46:08

from the get-go

0:46:080:46:09

and they wanted to paint a picture a certain way to get

0:46:090:46:12

two convictions out of whatever had transpired.

0:46:120:46:16

Even Timmy said that Austin didn't know that he had the knife,

0:46:310:46:34

that Austin thought he was punching him instead of stabbing him.

0:46:340:46:38

And that when he finished stabbing Justin,

0:46:380:46:41

Timmy looked over at Austin who was sitting on the floor in shock.

0:46:410:46:45

That, to me, kind of drove it home that there was no plan to kill him.

0:47:030:47:07

No plan to murder anybody.

0:47:070:47:09

It's an absurdity to me that people would find Timothy Mosley credible.

0:47:110:47:17

But a lot of people want to impute a lot of meaning

0:47:170:47:20

to how they acted when they were in the cells.

0:47:200:47:23

And Austin's demeanour was something

0:47:230:47:25

that was raised time and time

0:47:250:47:27

and time again.

0:47:270:47:27

When I was in the room with Austin,

0:47:370:47:39

talking to him, there was just nothing.

0:47:390:47:42

It was like you would look at him, he was just shallow.

0:47:420:47:44

They say this, the eyes are the window to the soul.

0:47:440:47:48

When you look in Austin's eyes, there is no soul.

0:47:480:47:50

I think his lack of emotion was used against him,

0:47:520:47:54

which labelled him as a psychopath from the moment

0:47:540:47:57

that the police had contact with him, to picking him up and going

0:47:570:48:01

through the interview process and sitting in court and all that.

0:48:010:48:05

Yeah, I think it was held against him.

0:48:050:48:06

Austin's not generally one to let his emotions hang on his sleeve.

0:48:230:48:27

Yeah, if someone's insulting him or attacking him,

0:48:270:48:31

he tends to appear emotionless.

0:48:310:48:33

That's probably partially my fault.

0:48:330:48:35

I've taught my kids that letting your emotions react for you

0:48:360:48:41

generally doesn't work out well.

0:48:410:48:43

He is a product of his environment.

0:48:430:48:46

From what everyone told me, including his family,

0:48:460:48:48

once his parents got divorced everything changed for him.

0:48:480:48:51

His whole attitude, his demeanour, his appearance completely changed.

0:48:510:48:55

But I don't think he's a cold, heartless person, I really don't.

0:48:550:48:58

I think it's just his personality.

0:48:580:48:59

-AUSTIN:

-I can only imagine the pain and loss

0:49:110:49:14

felt by Mark and Sandy Cates.

0:49:140:49:16

I have brothers and sisters myself,

0:49:180:49:20

I can only imagine what it would be like to lose one of them.

0:49:200:49:23

I'm sorry that this happened.

0:49:270:49:29

And I know that doesn't bring Justin back. But I'm sorry.

0:49:290:49:33

I don't think Austin knew how to act.

0:49:360:49:38

He was trying to hold himself together and be strong

0:49:380:49:41

and here he is, in this courtroom,

0:49:410:49:43

and he's surrounded by people who hate his guts.

0:49:430:49:46

They hate him with all their being.

0:49:460:49:47

If you choose for me to die, it's only going to cause more pain

0:49:490:49:52

and suffering.

0:49:520:49:54

For another family.

0:49:550:49:57

I think that he really was trying to guilt the jury

0:49:580:50:02

into not giving him the death penalty.

0:50:020:50:05

There was no remorse.

0:50:050:50:06

He doesn't really show a lot of remorse. I never saw that from him.

0:50:060:50:11

I wish that he would have shown a little bit remorse.

0:50:110:50:14

It probably would have helped me a little bit.

0:50:140:50:16

It won't hurt me, I won't feel anything.

0:50:160:50:19

It's going to hurt more innocent people.

0:50:190:50:21

It was not the demeanour of somebody who was upset or traumatised

0:50:210:50:27

or remorseful.

0:50:270:50:30

It was the demeanour of a serial killer.

0:50:300:50:33

Austin Myers took the stand and asked the jury

0:50:350:50:37

to spare his life, not for himself, but for his family.

0:50:370:50:41

Now the prosecution, though, says that he deserves death

0:50:410:50:44

for killing Justin Back.

0:50:440:50:46

Why should Austin Myers get the death penalty from this jury

0:50:490:50:56

when Tim Mosley - the person who struck the fatal blow -

0:50:560:51:00

got life without parole?

0:51:000:51:02

Here's why.

0:51:020:51:03

Tim co-operates, Austin doesn't.

0:51:030:51:05

Tim tells the truth, Austin lies.

0:51:060:51:08

Tim tries to come in here and testify and take ownership

0:51:100:51:13

of everything that happened, Austin blamed the jurors.

0:51:130:51:17

In my head I think I blame Austin more than I do Tim.

0:51:180:51:21

And I know that sounds wrong

0:51:210:51:22

because Tim was the one who actually stabbed him.

0:51:220:51:25

But the words that the prosecutor kept using was Austin was

0:51:260:51:30

the murderer, Tim was just his weapon of choice.

0:51:300:51:32

I do have more of a hatred for Austin than I do Tim

0:51:340:51:39

because Austin knows Justin.

0:51:390:51:42

Mosley never met Justin previous to the day before.

0:51:420:51:47

A death penalty riding on the decision of a Warren County jury this evening.

0:51:490:51:53

Jurors, in fact, are still deliberating at this time

0:51:530:51:56

in the murder trial of Austin Myers.

0:51:560:51:58

I saw the jury foreman handing over the paper and her hand was shaking.

0:52:060:52:13

The jury walks back in.

0:52:150:52:16

And when I looked at them, I knew what they were going to say, before they said it.

0:52:160:52:20

I could just tell - they weren't looking at me.

0:52:200:52:22

But still you're thinking, well, surely not.

0:52:220:52:25

Even though I just kind of knew.

0:52:250:52:27

And then they said it and I just...

0:52:270:52:30

We therefore unanimously find the sentence of death be

0:52:420:52:45

imposed upon Austin Myers.

0:52:450:52:47

Austin Myers sat stoically when he heard the jury's decision.

0:52:470:52:51

His mother couldn't hide her feelings as well.

0:52:510:52:53

Er, Justin's family was very happy about the verdict.

0:52:560:52:59

Which, if you're for the death penalty, then I mean, that's their son they're trying to vindicate.

0:53:040:53:09

You know, I don't hate them for that.

0:53:090:53:11

But it just breaks my heart.

0:53:110:53:13

Oh!

0:53:200:53:22

Oh...

0:53:230:53:24

I didn't react the way that I thought that I would.

0:53:280:53:31

I was happy.

0:53:310:53:34

But again it's the shock and it's like...

0:53:340:53:38

"Is this for real?"

0:53:380:53:40

You know?

0:53:400:53:43

"Is this really for real?"

0:53:430:53:44

You know, it's my boy.

0:53:490:53:50

Sorry.

0:53:530:53:55

But I had to explain to them why is it worth him even existing.

0:53:590:54:05

Like, he should be exterminated?

0:54:050:54:07

He didn't do this.

0:54:090:54:10

Outside the court room,

0:54:140:54:15

Justin Back's family walked silently to the media.

0:54:150:54:18

It meant that...

0:54:180:54:20

..one day it'll be over.

0:54:200:54:24

I don't see how anybody could have looked at that evidence

0:54:260:54:29

and concluded anything other than Austin Myers planned to

0:54:290:54:32

kill his childhood friend.

0:54:320:54:33

The defence walked out of the courtroom with no comment.

0:54:330:54:37

Do I think that Austin Myers is the worst of the worst given

0:54:370:54:40

the fact that he was a compliciter and not the principal offender?

0:54:400:54:44

Absolutely not.

0:54:440:54:45

So, does he deserve the death penalty? No, no.

0:54:450:54:48

Because if Austin Myers is the worst of the worst,

0:54:480:54:53

then Tim Mosley is 100 times worse than Austin Myers

0:54:530:54:57

and he took a deal and he got life in prison.

0:54:570:54:59

You have to be able to live with yourself for being part of that...

0:55:010:55:05

that process.

0:55:050:55:07

But I am able to do that.

0:55:080:55:11

The trial was, I think,

0:55:240:55:25

an interesting study in human psychology because it was

0:55:250:55:30

a collective human response relative to a tragedy in the community.

0:55:300:55:34

Austin Myers being sentenced to death

0:55:380:55:40

and Timothy Mosley getting life make no sense.

0:55:400:55:43

Because the trial is supposed to be based on a reason and not emotion.

0:55:430:55:48

I would love to be able to tell you what the deciding factor was for me.

0:55:510:55:55

But I just remember it was like a switch in my head of,

0:55:550:55:59

"You know what, this is the right thing to do."

0:55:590:56:02

I sat through the trial and watched them paint whatever

0:56:050:56:08

picture they wanted to paint and they didn't bother to get to the truth.

0:56:080:56:12

And all these people want your son dead

0:56:120:56:16

because they don't care about the truth.

0:56:160:56:18

If Austin Myers had come to me and said,

0:56:220:56:25

"I will do life without patrol" -

0:56:250:56:27

he had taken responsibility for his actions,

0:56:270:56:30

he had not put Justin Back's family through that trial -

0:56:300:56:34

I don't know what I would have done.

0:56:340:56:36

I don't know.

0:56:390:56:40

He never took responsibility

0:56:430:56:44

and so at the end of the day, he got what he deserved.

0:56:440:56:46

The whole situation now is just heartbreaking.

0:56:570:57:00

You can't even stop to think about it, OK?

0:57:000:57:02

Because you would be crushed and devastated every minute.

0:57:020:57:06

Her boy's just gone. And I hate it.

0:57:150:57:19

I would do anything for that to not be true.

0:57:210:57:24

I can't stop having hope that something will get resolved here

0:57:270:57:31

and I can't even let myself imagine anything other than an execution.

0:57:310:57:36

My brain won't go there.

0:57:360:57:38

I still can't believe it.

0:57:420:57:44

I know what happened. I don't believe it.

0:57:440:57:47

You think about it every day.

0:57:490:57:50

And it plays in your head every day, drives you crazy.

0:57:500:57:53

I try not to look too far ahead.

0:57:550:57:57

The future don't look too good.

0:57:570:57:58

My future? Driving down twice a month to see my son.

0:58:000:58:03

And it will be forever.

0:58:030:58:05

Yup. I will go down there every two weeks forever.

0:58:060:58:09

God, I miss you.

0:58:140:58:16

It makes no sense, and I think that's the hard thing for people

0:58:230:58:26

to wrap their heads around.

0:58:260:58:27

There was no reason for this to destroy three families.

0:58:270:58:30

I would like to go to the site where they took Justin.

0:58:390:58:42

I wasn't there.

0:58:510:58:53

And it really bothers me that he was there by himself all night.

0:58:530:58:57

Even though it was just his body.

0:58:570:58:59

It would be nice to pay my respects there.

0:59:000:59:03

Just to say goodbye.

0:59:030:59:05

Um, just doing what I can to move on.

0:59:070:59:12

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