Criminal

The Magic Castle in Hollywood has been a private club for magicians since 1963, and its walls are lined with portraits of magicians past and present. Among them is a portrait of one of the earliest American organized crime bosses and conmen, Jefferson Randolph "Soapy" Smith. And though it may seem strange that this "mecca of magic" honors a criminal, Soapy's legacy reveals just how blurry the line is between a delightful trick and a dirty one. 

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SPOILER WARNING: Please listen to Episode 53: Melinda and Judy before you listen to this one.

Melinda Dawson found out on the same day in 1998 that her adoptive mother had been killed and that her own husband Clarence Elkins was being charged with the murder. He was convicted in 1999 and given two life sentences. Left alone with her two sons, no money, and no experience, Melinda set out to try and prove that he was innocent. She started with a suspect list of people who looked like her husband and chased them down, one by one.

Special thanks to David Massar, who is currently working on a film about Melinda's life story, Miss America.

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When Melinda Dawson was seven years old, she learned that she was adopted under suspicious circumstances. As she got older and had children of her own, she tried to learn something about her biological parents. And when she went to the county courthouse and asked to see a copy of her birth certificate, she discovered that she was an unwitting participant in a traumatic history of a small town in Georgia where Dr. Thomas Hicks stole and sold babies to parents desperate for children of their own.

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SPOILER WARNING: Please listen to Episode 51: Money Tree before you listen to this one.

While working on our last episode, we became curious about the nature of psychopathy -- how it is defined, and what to do if someone close to you meets the criteria of the Hare psychopathy test. We spoke with Dr. Ronald Schouten, author of Almost a Psychopath, and Jon Ronson, author of The Psychopath Test.

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When Axton Betz-Hamilton was 11 years old, her parents' identities were stolen. At that time, in the early 90s, consumer protection services for identity theft victims were basically non-existent. So the family dealt with the consequences as best they could. But when Axton Betz-Hamilton got to college, she realized that her identity had been stolen, too. In fact, her credit score was in the lowest 2%. As she was working to restore her credit, she inadvertently discovered who had stolen the family's identity: a woman named Pam Elliot. And knowing it was Pam Elliot would change everything for Axton Betz-Hamilton.

View the photograph Axton describes here.

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To celebrate Criminal's 50th episode, we check in with some of our most memorable guests including Fran Schindler from Episode 17: "Final Exit," Dan Stevenson from Episode 15: "He's Neutral," Corporal Scott Foster from Episode 29: "Officer Talon," and Marian Tolan from Episode 18: "695-BGK."

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In November of 1988, Robin Woods was sentenced to sixteen years in the notoriously harsh Maryland Correctional Institution. In prison, Robin Woods found himself using a dictionary to work his way through a book for the first time in his life. It was a Mario Puzo novel. While many people become educated during their incarceration, Robin Woods became such a voracious and careful reader he was able to locate a factual error in Merriam Webster's Collegiate Encyclopedia. He wrote a letter to the encyclopedia's editor, Mark Stevens, beginning a friendship that changed the lives of both men. Contributor Daniel A. Gross has the story.

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2008 was an exciting time to be a Harry Potter fan. The final book, Harry Potter and the Deathly Hallows, had been released. Movies were on the way. And author Melissa Anelli was at the center of it all, running a popular fan site called The Leaky Caldron and working on a book of her own, Harry, a History. Just as things couldn’t get better, Melissa Anelli received her first death threat. This threat would be the first in what would later become nearly a decade of harassment from halfway across the world. The culprit? An aggrieved Harry Potter fan named Jessica Parker. 

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Shortly after Meridy Volz moved from Milwaukee to San Francisco, she received a phone call from a friend asking her to take over a small bakery business. Meridy agreed to run the bakery, but she only wanted to sell one thing: pot brownies. Her brownies were a massive success, and soon she was making enough money to support three families. Meridy tells her story alongside her daughter, Alia Volz, who describes what it's like when San Francisco's "original brownie lady" is your mom.

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There are more tigers in captivity in America than wild tigers in the entire world. The exact number of captive tigers in this country isn't known, because many of them live in people's backyards or unaccredited zoos, and the legality of their ownership varies widely by state and even by circumstance. We travelled to Louisiana to see a 550-pound Siberian-Bengal tiger who lives at a truck stop. The owner, Michael Sandlin, has fought very hard to persuade Louisiana lawmakers he's not a criminal. But animal rights activists and organizations, like the Human Society and the Animal Legal Defense Fund, disagree.

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As a law student, Bryan Stevenson was sent to a maximum security prison to meet a man on death row. The man told Stevenson he'd never met an African-American lawyer, and the two of them talked for hours. It was a day that changed Stevenson's life. He's spent the last 30 years working to get people off of death row, but has also spent the final hours with men he could not save from execution. He argues that each of us is deserving of mercy.

Learn more about Bryan Stevenson in his book, Just Mercy.

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Not only was John Frankford a famous horse thief, he was also a notoriously good escape artist. People thought no jail was strong enough to keep him, but then in 1895 he was sentenced to Philadelphia's Eastern State Penitentiary. At Eastern State, Frankford became the victim of a strange practice: the prison doctor, Dr. John Bacon, dissected his body and removed his brain. The Frankford case would just be one of many others in the region and would illuminate an underground cadaver network supplying medical schools across the state of Pennsylvania. 

Reporter Elana Gordon from WHYY's The Pulse has today's story.

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In 1979, a group of labor organizers protested outside a Ku Klux Klan screening of the 1915 white supremacist film, The Birth of a Nation. Nelson Johnson and Signe Waller-Foxworth remember shouting at armed Klansmen and burning a confederate flag, until eventually police forced the KKK inside and the standoff ended without violence. The labor organizers felt they'd won a small victory, and planned a much bigger anti-Klan demonstration in Greensboro, North Carolina. They advertised with the slogan: “Death to the Klan" and set the date for November 3rd, 1979.

As protestors assembled, a caravan of nine cars appeared, and a man in a pick-up truck yelled: "You asked for the Klan! Now you've got 'em!" Thirty-nine shots were fired in eighty-eight seconds, and five protestors were killed. The city of Greensboro is still grappling with the complicated legacy of that day.

The Greensboro Truth and Reconciliation Commission’s full report is available online.

Today, Reverend Nelson Johnson is a pastor with Faith Community Church and serves as the Executive Director for the  Beloved Community Center of Greensboro, which advocates for social and economic justice.

Signe Waller-Foxworth is the author of Love and Revolution: A Political Memoir.

Eric Ginsburg is the associate editor at the Triad City Beat.

For this story, we also interviewed Elizabeth Wheaton, author of Codename Greenkill.

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People have been giving each other "the finger" since Ancient Greece. The first documented use is said to be a photograph from 1886 in which the pitcher for the Boston Beaneaters extends his middle finger to the camera (ostensibly to the rival New York Giants). Even though it's been around for so long, many still find the gesture offensive enough to try to bring criminal charges. Courts have ruled that "flipping the bird" is a form of speech protected by the First Amendment. It's not a crime to be obnoxious. But there's a man in Oregon named Robert Ekas who tests the limits of free speech by giving the finger to every police officer that he sees.

To learn more about the legalities of the middle finger, you might enjoy: "Digitus Impudicus: The Middle Finger and the Law" from the UC Davis Law Review. 

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Since 1965, there's been an unsolved murder in Houston, Texas. The main suspect, Charles Rogers, managed to disappear and police were never able to find him. The case is still considered open. In 1997, a couple of forensic accountants named Hugh and Martha Gardenier decided to look into the murders, and were able to uncover evidence that the police missed. And now they think they've solved the mystery. 

They wrote a novel about their findings called The Ice Box Murders.

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When it comes to Kentucky bourbon, Pappy Van Winkle is among the most exclusive, according to food writer Brett Anderson. The bourbon is prized for its wheat base and special barrels for aging, handpicked by Julian Van Winkle III, the president of Old Rip Van Winkle Distillery. It doesn't matter who you are or how much money you have -- you can't get it unless you're exceptionally lucky or willing to break the law. The Pappy frenzy has law enforcement, bartenders, and even the Van Winkle family themselves wringing their hands.

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In 1983, three men were prepared to plead guilty to the violent sexual assault of Elizabeth Daniel in Anderson, South Carolina. Defense attorneys did not want their clients to go before a jury, so they arranged a plea deal. This left the sentencing in the hands of Judge C. Victor Pyle who gave the assailants a very controversial choice: undergo castration or serve 30 years in jail.

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Jane Toppan was born in Massachusetts in 1857. She attended the Cambridge Nursing School, and established a successful private nursing career in Boston. Said to be cheerful, funny and excellent with her patients, nothing about "Jolly Jane" suggested she could be "the most notorious woman poisoner of modern times” responsible for the death of at least 35 people. She would later be committed to the Taunton Insane Asylum.

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In 2010, an eighth-grader brought a loaded gun to a middle school in Hastings, Minnesota. We speak with Jake Bullington and Emma Bolters, two students at the school, and Mark Zuzek, the principal, about the hours in lockdown.

Read Jake Bullington's essay, "Yeah, I'm Afraid of Guns." 

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The 500-year-old Treaty Oak in Austin, Texas was once called "the most perfect specimen of a North American tree." But in 1989, Austin's city forester John Giedraitis realized that the Treaty Oak didn't look so good, and began to wonder whether someone had intentionally tried to kill it. The Austin police were on the case, so when Paul Stedman Cullen was arrested for the criminal “mischief,” it was time to unearth what his motives for killing a tree could be.

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As a young woman in the 60s, Andy Austin talked her way into a job as a courtroom sketch artist in Chicago. She spent 43 years sketching everyone from disgraced governors to John Wayne Gacy, and says she only made someone look bad on purpose once.

See Andy Austin's sketches, including the one she made of Phoebe, on our website http://thisiscriminal.com/episode-35-pen-paper-1-22-2016/.

Her book, Rule 53: Capturing Hippies, Spies, Politicians, and Murderers in an American Courtroom, is available here or here. 

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Michael Ross was the first person in Connecticut to be sentenced to death since 1960. He claimed that he wanted to die in order to atone for what he had done. One journalist spent twenty years trying to figure out whether or not his remorse was real.

Learn more about Martha Elliot's relationship with Michael Ross in her book, The Man in the Monster.

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Sgt. David Mascarenas is the Dive Supervisor for the Los Angeles Police Department. He's been diving his whole life, and prides himself on never refusing a dive, no matter how treacherous. At least until the summer of 2013, when a murder investigation led him into the unusually murky waters of the La Brea tar pits.

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Ed Crawford had never been to a protest until he heard about the shooting of Michael Brown in Ferguson, Missouri. Robert Cohen, a staff photographer with the St. Louis Post Dispatch, ended up taking a photograph of Ed that would be seen around the world, and change both of their lives.

To see the photos, visit http://thisiscriminal.com/episode-32-it-looked-like-fire-12-11-2015/.

We released an update to this episode in June of 2020. Please find the updated story here: https://thisiscriminal.com/episode-141-it-looked-like-fire-6-5-2020

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When we're kids, we have ideas of what we want to be when we grow up -- movie star, doctor, astronaut. But what if we dream of being like Butch Cassidy, Jesse James, or John Dillinger? And what happens when you're not a kid anymore but you're still obsessed with becoming an outlaw? For Clay Tumey, this dream led him to commit a series of robberies in 2006.

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In 2005, Danny Egipciaco had the opportunity to participate in a robbery of a drug supplier's stash house. He was told he'd take home between $100K-200K. In the end, the robbery never happened, so why has Danny spent the last ten years at Fort Dix Correctional Institution?

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Corporal Scott Foster of the Hillsborough, NC Police Department worked closely with his K-9 partner, Talon, for many years. They located weapons and narcotics, tracked suspects through dark woods, and went home together after work. But when Talon was injured on the job and had to retire early, Corporal Foster was paired with a new dog and life got a lot more complicated.

Watch Phoebe get attacked by a police dog: https://www.youtube.com/watch?v=aRYkHA98MzY

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Patti Hammond Shaw is a transgender woman. She's legally female on her birth certificate and driver's license, and has been since 1993. But when she was arrested in 2009, male officers strip-searched her in front of male detainees, and held her overnight in a men's cellblock. Patti Hammond Shaw hired a lawyer and fought back. Her case was instrumental in changing how the police process and detain transgender individuals in Washington, D.C.

This story was reported by Lauren Ober.

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In the early 90s, a wealthy magazine publisher was convicted of fraud and sentenced to 18 months in a minimum security prison in Louisiana. But white collar criminals weren't the only people living there, and the other people inside had basically been forgotten about by the outside world, some of them for decades.

Learn more about Neil White’s time at Carville in his memoir, In the Sanctuary of Outcasts.

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In July of 2002, Philadelphia Homicide Detective Pat Mangold was called to the scene of a gruesome murder on the Schuylkill River. When he wasn't able to determine the victim's identity, he expected the case to remain unsolved. But then, out of the blue, a professional soccer player named Adam Bruckner inserted himself into the investigation, and became obsessed with solving the crime.

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More than eighty years ago, a North Carolina family of nine posed for a Christmas portrait. Two weeks later, all but one of them had been shot dead. (See the portrait here.) Today, we bring you the story of the Lawson family of Stokes County.

Thanks to Elephant Micah and Sarah Bryan for collaborating with us this month. Download Elephant Micah's version of "Lawson Family" (along with their version of "Pearl Bryan") on iTunes or Bandcamp.

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In February of 1896, a little boy discovered a woman's headless body in a farmer's field in Fort Thomas, Kentucky. No one knew who she was, or what had happened. Newspapers carried headlines like "Hunt for the Head" and "Headless Horror." Quickly, the crime scene became a tourist attraction and visitors traveled from all over to collect bloody souvenirs. The gruesome details were adapted into a popular song that's been recorded dozens of times. We talk with folklorist Sarah Bryan about the true story behind the murder ballad, and the band Elephant Micah performs an original arrangement.

Download Elephant Micah’s “Pearl Bryan” on iTunes or Bandcamp. Read their guide, “How to Bring a Murder Ballad Back to Life” here.

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The Petrified Forest National Park in Arizona has the largest collection of petrified wood in the world. The beautiful wood is more than 200 million years old, and visitors to the park often take a little piece home with them as a souvenir. But stealing the wood has serious consequences, both legal and, some say, supernatural. 

See photographs of the conscience letters and learn more about Ryan Thompson's book here. 

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Hundreds of thousands of dollars' worth of rare books have been disappearing across America since the late 90s, and haven't resurfaced in the marketplace. They've just vanished, never to be seen again. But unlike most thieves, this thief is motivated by something more abstract and romantic than money, which makes him extremely difficult to catch. 

Today, we have the story of John Charles Gilkey.

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Julius Robinson had killed for revenge before, and so when his sister was brutally murdered in her sleep last year, he says he planned to "get" the killer. He felt like his family expected him to get revenge, because that's what he'd always done, both in and out of prison. But when he learned that the killer was actually his 17-year-old nephew, he struggled against his family's expectations and his own.

Music by Elephant Micah.

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Karen Miller met a man named Gil Harper on Facebook. They started flirting. The flirtation grew more serious. Eventually, they planned to meet in real life. Gil would travel from London to meet Karen for her birthday. With his arrival just a few days away, Karen's son scrambled to learn more about Gil's identity. But trying to determine whether someone is who they say they are turned out to be a whole lot more confusing and dangerous than Chris imagined.

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Sandie Alger is a 71-year-old woman with a very long rap sheet. She was in and out of prison throughout the 1960s, 70s, and 80s, and upped her game each time she got out. Prison, she says, is where you move "up the criminal ladder, just like the corporate ladder."

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This episode won a “Best Documentary” award at the Third Coast International Audio Festival.

Police officer John Edwards was patrolling a quiet neighborhood in Bellaire, Texas when he saw an SUV driven by two young Black men, including Robbie Tolan. It was just before 2am on December 31, 2008. Edwards followed the SUV and ran the license plate number. When his computer indicated that the SUV was stolen, Edwards drew his gun and told the two men to get down on the ground. It wasn't until later that he realized he'd typed the wrong license plate number into his computer. He was off by one digit. By the time he realized his mistake, police had already shot one of the men in the chest at close range. We speak with Marian Tolan, Robert Tolan, and attorney Benjamin Crump.

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We also make This is Love and Phoebe Reads a Mystery.

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No one disputes that it's against the law to take another person's life, but is it against the law to sit with someone and watch while they die by suicide? We meet an elderly woman named Fran Schindler who sneaks around the country as an "exit guide." 

This is a live interview from Motorco Music Hall in Durham, North Carolina.

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We also make This is Love and Phoebe Reads a Mystery.

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On July 17th, 1889, the residents of Clayton County, Iowa woke up to news of the worst crime in their history. A Civil War veteran John Elkins and his young wife Hattie had been murdered in their bed in a grisly attack. Their two children escaped to raise the alarm. But something was off. There were no suspects. There were no clues. To quote the local newspaper, the whole thing was “surrounded in a veil of mystery."

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We also make This is Love and Phoebe Reads a Mystery.

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Dan Stevenson has lived in Oakland's Eastlake neighborhood for 40 years. He says crime has been an issue for as long as he can remember, but he isn't one to call the police on drug dealers or sex workers. He's a pretty "live and let live" kind of guy. Or he was. Before he finally got fed up and took matters into his own hands.

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We also make This is Love and Phoebe Reads a Mystery.

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Episode transcripts are posted on our website.

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In June 2014, authorities released information about a massive child pornography ring being conducted in North Carolina. Four suspects had already been arrested, and the police were asking the public for help finding a fifth suspect. But they didn't need to look very hard -- the suspect, a man named Tommy Wall, was about to turn himself in, almost by accident.

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We also make This is Love and Phoebe Reads a Mystery.

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Raymond Chandler is often called the greatest American crime novelist, famous for murder mysteries like The Big Sleep and Farewell, My Lovely. He's the subject of several biographies, and his correspondence and manuscripts are archived at Oxford. But something very, very important to Chandler had gotten lost. No one noticed until a pair of Chandler's biggest fans, newlyweds in their seventies, Loren Latker and Annie Thiel, got on the case.

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We also make This is Love and Phoebe Reads a Mystery.

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In 1999, most of America's tech hysteria centered around Y2K. But at that same time, a teenager in Canada named Mike Calce was messing around in chat rooms, meeting hackers, and learning tricks. At 15, he decided to put his knowledge to the test. To push up against the Internet's limits, and in some places, break them. In the end, he managed to pull off something no one had ever seen before. Today, we talk to the self-proclaimed “MafiaBoy.”

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We also make This is Love and Phoebe Reads a Mystery.

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In 1977, a mild-mannered aeronautical engineer sideswiped a parked car in Compton, CA. When he stopped his car to survey the damage, a man named Leon Moore opened the driver-side door, shoved him over, and started driving. He said, "I'm about to save your life."

We talk to lawyer Stephanie Nally about a con that spanned decades.

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Working as a reporter for a TV station in New Hampshire, Kevin Flynn was covering the capture and arrest of a female serial killer named Sheila LaBarre. As he grew more and more obsessed with LaBarre’s story, Flynn decided to write her a letter. She wrote back. Their correspondence became flirtatious, and eventually he went to visit her in person. We talk with Kevin Flynn and Rebecca Lavoie.

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We also make This is Love and Phoebe Reads a Mystery.

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What does it mean when a woman commits a crime and attributes her actions to PMS? We revisit the first use of the "PMS defense" in this country, back in 1981. What have we learned about the science of PMS since then? Last year, the American Psychiatric Association classified a form of PMS (Premenstrual dysphoric disorder, or PMDD) as a mental disorder in the DSM-V. How can the scientific community study severe premenstrual symptoms without perpetuating the utterly unscientific idea that menstruating women aren’t mentally competent or liable for crimes they commit?

We talk to lawyer Stephanie Benson who used PMS as a defense for her client Shirley Santos after Santos was charged with assault and endangering her children.

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In March 1964, a 35-year-old African-American woman named Johnnie Mae Chappell was walking along the side of the road in Jacksonville, Florida. Four white men were driving around listening to the local race riots on the radio. They had a gun on the dashboard. As they passed Chappell, one of the men leaned out the car window and shot her to death. As the police investigated, evidence began to mysteriously disappear, making it impossible to punish the men who admitted to committing the crime.

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Crime victims are often put under the same scrutiny as the accused. Not only for their version of events, but sometimes for how they look and talk, too. We meet a man whose trial hurt worse than his assault.

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On April 13, 2014, former KKK member Frazier Glenn Cross pulled into a Jewish Community Center and ambushed William Corporon and his grandson Reat Griffin Underwood, killing both. He then killed another woman named Terri LaManno a short distance away. 

What does the family left behind do when they are thrust into a national spotlight? How do they figure out what to disclose and what should be private?

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We also make This is Love and Phoebe Reads a Mystery.

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Episode transcripts are posted on our website.

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