Coerced Confessions

Summary

Podcast Summary: "48 Hours" Episode - Coerced Confessions

Introduction

In the gripping episode titled Coerced Confessions from CBS News' award-winning series "48 Hours," host Anne-Marie Green delves deep into the haunting unsolved murder of 12-year-old Stephanie Crow. The episode meticulously unpacks the intricate web of coerced confessions, flawed investigations, and the relentless pursuit of justice that has left the Crow family in perpetual anguish.

The Crime Scene and Initial Suspect

The night of Stephanie Crow's murder in 1998 remains etched in the memories of her parents, Stephen and Cheryl Crowe. As Michael Crowe narrates, the horrific discovery unfolded when he found Stephanie's lifeless body in their home:

"I was driving her everywhere... I pushed the door the rest of the way open and I stepped into the room and her body was there on the floor." [00:00]

Authorities quickly identified Richard Tuit, a drifter with a history of felony offenses and diagnosed schizophrenia, as the primary suspect. Despite signs of forced entry at the crime scene, the absence of fingerprints, DNA evidence, and the missing murder weapon initially cast doubt on Tuit's involvement. Cheryl Crowe emphasizes the family's unwavering belief in Tuit's guilt:

"The Crows have never had a doubt that Richard Tuit did it. Stabbed Stephanie nine times in her bed after sneaking into their house while the rest of the family slept." [03:54]

Michael Crowe's Confession

Adding complexity to the case, Michael Crowe, Stephanie's 14-year-old brother at the time, confessed to the police, accusing himself and two of his friends, Josh Treadway and Aaron Hauser, of orchestrating the murder. Michael's confession was rooted in deep-seated sibling rivalry and resentment:

"The whole reason all this happened is all because of him and his choices and the choices of his family and everyone who's just enabled him to just get by." [06:08]

Despite his initial confession, Michael and his friends later recanted, asserting that their admissions were coerced under intense police interrogation. Michael reflects on his coerced confession:

"I'm positive I killed him, but all I know is. That's the problem." [08:03]

Investigation and New Evidence

Years of doubt surrounded the case until new DNA evidence surfaced, challenging the credibility of the coerced confessions. Detective Vic Koloka, a senior investigator with the San Diego Sheriff's Department, spearheaded a fresh investigation focusing on the integrity of the original interrogations and the mishandling of evidence. Koloka uncovered that only Richard Tuit's white T-shirt had been tested for DNA, neglecting his red sweatshirt—a critical oversight.

"When we went to see the evidence, I looked at Richard Tuit's clothing and I thought, this stuff is a cesspool of biological material." [22:16]

Subsequent DNA testing revealed Stephanie Crow's blood on Tuit's red sweatshirt, a pivotal breakthrough that implicated him directly:

"They found three spots of Stephanie Crow's blood on Richard Tuitt's red sweatshirt." [22:45]

Trial of Richard Tuit

With compelling DNA evidence now linking Tuit to the crime, he was arrested and brought to trial. However, the proceedings were marred by unforeseen chaos when Tuit escaped custody during jury selection:

"He escaped during the lunch hour just as jury selection began in his murder trial." [31:02]

Although Tuit was recaptured within hours, the incident cast a shadow over the trial's legitimacy. Prosecutors, bolstered by the DNA evidence, argued beyond reasonable doubt that Tuit was responsible for Stephanie's death. Tuit maintained his innocence, asserting that contamination from police activity accounted for the blood traces on his clothing.

During testimony, Michael Crowe took the stand, expressing disbelief in the coerced confessions and emphasizing the lack of physical evidence against his friends:

"I believe John Josh Treadway gave the most details about the murder of Stephanie Crow." [20:52]

Ultimately, the jury convicted Richard Tuit of voluntary manslaughter, a lesser charge than murder, highlighting the complexities and lingering uncertainties of the case:

"The jury has found Richard Tuitt guilty of the lesser charge of voluntary manslaughter, concluding that he killed Stephanie Crow, but without malice or premeditation." [42:01]

Conclusion

Despite the conviction, the case of Stephanie Crow's murder remains a poignant testament to the pitfalls of coerced confessions and flawed investigations. In 2012, Tuit's conviction was overturned, and he was acquitted in a 2013 retrial, leaving the true perpetrator still at large. The Crow family continues to grapple with unanswered questions and the enduring pain of their loss.

"In 2012, Richard Tuit's conviction was overturned and he was acquitted in a 2013 retrial. Stephanie Crow's murder remains unsolved." [44:29]

The episode underscores the critical need for justice systems to safeguard against coercion and ensure that truth prevails, honoring the memories of victims like Stephanie Crow.

Transcript

[Michael Crowe]

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[Cheryl Crowe]

How old would Stephanie be?

[Michael Crowe]

19.

[Cheryl Crowe]

19.

[Michael Crowe]

She would be in college as well, already graduated high school.

[Cheryl Crowe]

It's been more than six years since Stephanie Crow was murdered. But her parents, Stephen and Cheryl, finally have hope that justice is on the horizon.

[Michael Crowe]

We're back on the record in the Tuit case.

[Cheryl Crowe]

Today, this man, Richard Tuit, a drifter, a felon, and a diagnosed schizophrenic, is going on trial for her murder.

[Michael Crowe]

People will show beyond a reasonable doubt that the defendant murdered Stephanie Crow. Just try to get justice for her. And if we could do that, that would be a little bit off our shoulders. But it's been a long road, very long. So is there any doubt in your mind he killed her daughter? No. After her funeral, we went back to the cemetery to make sure everything was done right and everything. And who do we see walking a couple blocks away from the cemetery towards the cemetery, but Richard Tuit.

[Cheryl Crowe]

The Crows have never had a doubt that Richard Tuit did it. Stabbed Stephanie nine times in her bed after sneaking into their house while the rest of the family slept. Do you think about that night?

[Michael Crowe]

Every day. I wish that we would have heard something, not give anything to be able to go back. That doesn't happen.

[Cheryl Crowe]

Stephanie's big brother, Michael, was 14 years old when it happened. He has grown up in the shadow of the murder and despises Richard Tuitt.

[Michael Crowe]

I can't stand looking at him. The whole reason all this happened is all because of him and his choices and the choices of his family and everyone who's just enabled him to just get by.

[Cheryl Crowe]

Michael Crow may be convinced that Richard Tuit killed his sister. But the authorities haven't always been so certain. In fact, even today, after all these years, there are still those who believe others did it, others who remarkably confessed to the crime. Yet Tuit is the one on trial now because there is also dramatic evidence against him. There is one thing no one disputes. Richard Tuit was here in the hills of Escondido on that terrible night in 1998, the night Stephanie Crow was murdered.

[Michael Crowe]

911 emergency.

[Cheryl Crowe]

We just had, like, a transient type walking on our. The night of the murder, police received numerous reports about a stranger in the Crow neighborhood.

[Michael Crowe]

I don't know what he's doing. He was.

[Cheryl Crowe]

They say he appeared disoriented, knocking on doors, looking for a girl named Tracy.

[Michael Crowe]

He had those Charlie Manson eyes, you know, he looked really crazy. I said, he gave me the creeps.

[Cheryl Crowe]

Is this the man who knocked on your door?

[Michael Crowe]

Yeah, that's him.

[Cheryl Crowe]

The crow's next door neighbor at the time, Reverend Gary west told us he saw Richard Tuitt that night. You go to the door and he says, what?

[Michael Crowe]

He says, I'm looking for the girl. And I said, well, there's no girl here. You have no business here. You just need to get out of here.

[Cheryl Crowe]

When did you first meet Richard Tuitt? How old were you? I was 15 years old at the time. Richard Tuit was obsessed with this girl, Tracy Nelson, who resembled Stephanie.

[Michael Crowe]

I could see maybe resemblance because my hair was a different color when I was younger. At that time, I was into drugs, and so we would get high together. After doing the drugs, he started getting a little paranoid. That's what he did. He would start thinking people were following him.

[Cheryl Crowe]

Would you point out the various sort of landmarks in this area here?

[Michael Crowe]

That's Reverend Wes House. Then our house is over here to the right. You can see houses are spotted in all through here, all these trees. He was in a bunch of them over here. It wasn't like just some guy knocking on the doors. I mean, every place where this guy went, they actually called 911.

[Cheryl Crowe]

But if Tuit was the killer, he was either very careful or very lucky. The crime scene was bloody. There were no fingerprints or DNA, and the murder weapon was never found. The morning after the murder, Tuit was picked up and his clothes were confiscated. But he was let go because authorities said they had no incriminating evidence and didn't think he was capable of sneaking into the house undetected.

[Michael Crowe]

He's been interviewed. He's not in custody at this point. There's nothing to indicate that he went to the Crow residence that night.

[Cheryl Crowe]

The evidence we're going to present to.

[Michael Crowe]

Show you that Mr. Tuit, this gentleman.

[Cheryl Crowe]

Has a weapon of choice, and his weapon of choice is a knife. But today, authorities have done a 180. Prosecutors Dave Drewliner and Jim Dutton are confident he is the right man.

[Michael Crowe]

He does a, what we call a blitz attack on Stephanie. It only takes a matter of seconds, literally. And then he exits. There's not a lot of planning. It's essentially a straight shot.

[Cheryl Crowe]

And yet he leaves not a single fingerprint. No hair, no fibers, no footprints.

[Michael Crowe]

Luck plays a big part in a lot of murder investigations. Record reflect the presence of the jurors, the attorneys, and Mr. Tuit.

[Cheryl Crowe]

What's it like being in the same room with Richard Tuit?

[Michael Crowe]

It's kind of fighting the urge to run away and the urge to just climb over a table and hit him over the head with something.

[Cheryl Crowe]

With the trial of Richard Tuit finally underway, it is Michael Crowe who is perhaps the most anxious about the outcome. Back in 1998, authorities were convinced that this 14 year old planned and carried out the brutal crime.

[Michael Crowe]

All I know is I'm positive I killed him, but all I know is.

[Cheryl Crowe]

I killed him back then. Michael Crowe, Stephanie's big brother, confessed to police.

[Michael Crowe]

I'm not sure how I did it. I know they did back then.

[Cheryl Crowe]

In this courtroom, it was Michael Crowe and his two friends who were preparing to go on trial for Stephanie's murder. Omaha Steaks semiannual sale is back. Save 50% site wide on legendary stakes, juicy air chilled chicken, beefy burgers and so much more. Plus get an extra $45 off when you use code PERFECTION during checkout at OmahaSteaks.com today. This sale only happens twice a year, so don't wait. Save 50% site wide on steaks and more during the semi annual [e-mail] plus get an extra $45 off with code Perfection at checkout. Minimum purchase may apply.

[Michael Crowe]

Everybody that came in contact with her loved her. She was just a very, very special young lady. Terrible tragedy.

[Cheryl Crowe]

Stephanie Crow's funeral was on a Tuesday. Her parents and friends were all there.

[Michael Crowe]

In our heart.

[Cheryl Crowe]

You will remain.

[Michael Crowe]

She was like an angel. I can't believe that somebody would want to kill her.

[Cheryl Crowe]

But someone was missing her big brother, Michael.

[Michael Crowe]

Michael, you have the right to remain silent.

[Cheryl Crowe]

Not only had the Crows lost a.

[Michael Crowe]

Daughter, anything you do say can and will be used against you in court.

[Cheryl Crowe]

They were now being told their son was her killer.

[Michael Crowe]

I just asked him, did you do this? Did you have anything to do with this? Michael was crying and just said he didn't know. That's all he said was he didn't know.

[Cheryl Crowe]

When we first talked to Cheryl and Steven Crow back then, they said Michael was a bit shy, but otherwise a typical 14 year old.

[Michael Crowe]

I tend to be quiet, have just a few friends. I like to read, play around with video games, computers.

[Cheryl Crowe]

But authorities saw Michael differently. A bright kid with a dark side. The morning Stephanie's body was discovered, they say Michael seemed distant, quiet, even preoccupied. The behavior of the brother seemed to.

[Michael Crowe]

Be in contrast to the behavior of the rest of the family.

[Cheryl Crowe]

Former prosecutor Summer Steffen. He was playing with some handheld game while the rest of the family was grieving. But it was Michael's alibi that really made investigators suspicious.

[Michael Crowe]

I Woke up at 4:30 in the morning with a headache. I went and had some Tylenol glass of milk, drank it, and then he walked back from the kitchen, walked back into his room.

[Cheryl Crowe]

But according to the police, even in the dark, Michael should have seen something. His room is directly across from Stephanie's.

[Michael Crowe]

The evidence shows her door was open because her body blocked the doorway.

[Cheryl Crowe]

You say you didn't see anything that night?

[Michael Crowe]

No, I didn't. Just because a person does something bad.

[Cheryl Crowe]

Police began interrogating Michael. At first, he denied killing his sister.

[Michael Crowe]

Why are you doing this to me? I didn't do this to her. I couldn't. I. God. God. Put your mic. So it's either Shannon or it's your grandma.

[Cheryl Crowe]

But after two days of questioning.

[Michael Crowe]

Or it's your dad.

[Cheryl Crowe]

Michael finally told the police that night what they had suspected all along.

[Michael Crowe]

All I know is I'm positive I killed her. And she was a threat to me. Everything I did, she could match. That wasn't right. Every time I was gonna be in the spotlight, she grabbed it right away from me. The few times I was gonna win something, she had to go ahead and win something even bigger. She made me feel worthless.

[Cheryl Crowe]

Sibling rivalry was Michael Crowe's motive for murdering his sister. According to police, they say Michael deeply resented Stephanie because she was more popular and got better grades. And they say he didn't act alone. Instead, he recruited two of his friends, both of them also in the ninth grade.

[Michael Crowe]

I'm trying to feed him a little cricket, seeing if he's gonna actually eat it out of my hand. Oh, and he actually is.

[Cheryl Crowe]

This was Josh Treadway back then. A shy, artsy kid. Tell me a little bit about yourself. What kind of guy are you?

[Michael Crowe]

I don't know. A normal guy I would hope would be a good description.

[Cheryl Crowe]

And this was Aaron Hauser. More bookish, analytical.

[Michael Crowe]

Up to this point, the worst trouble I've ever gotten in is being late to class.

[Cheryl Crowe]

Aaron also had an impressive collection of knives.

[Michael Crowe]

The knives were given to me as a present from my grandpa. I'm not particularly fond of knives.

[Cheryl Crowe]

Michael, Josh and Aaron loved fantasy, especially video games.

[Michael Crowe]

I made up my own fantasy world. What is your favorite game? Final Fantasy 7.

[Cheryl Crowe]

Final Fantasy 7 For most kids, it's harmless fun. But investigators believe these boys decided to bring their dark fantasies into the real world and find a real victim. Michael's little sister.

[Michael Crowe]

The motive started out as this hate. But then it turned into a sort.

[Cheryl Crowe]

Of a game of, let's plan this out. Let's see if it can be pulled off. When authorities went to see Josh, the suspicions grew. What they find?

[Michael Crowe]

They found two knives under My bed.

[Cheryl Crowe]

Under this bed. Police thought one of those knives looked like the one used to kill Stephanie, so they brought Josh in for questioning.

[Michael Crowe]

Who gave you the knife? What were you told? Told to get rid of it, to hide it, don't let anyone find out about it.

[Cheryl Crowe]

Police questioned Josh for 12 hours. He didn't say much more, but. But when he came back for another interview two weeks later, he told the police how the murder was planned.

[Michael Crowe]

I was going to sort of make sure he's on the kind of lookout, you know, make sure everything's okay, and dispose of the knife.

[Cheryl Crowe]

Josh told police Michael had the motive, but Aaron was the mastermind.

[Michael Crowe]

What were they going to do? They were going to kill Stephanie. Okay. Michael was supposed to go in there and sort of take care of keeping Stephanie quiet, holding her mouth and whatnot. And Aaron was supposed to go and take care of her business.

[Cheryl Crowe]

Police brought Aaron Hauser in for questioning. He never confessed. Instead, he gave a chilling hypothetical scenario of how someone would inflict knife wounds on someone like Stephanie.

[Michael Crowe]

If Michael were to stab her, what area would he utilize? What targets? I'd say probably the chest of them, maybe the summer. She has to make sure that she can't scream. She has to make sure that she can't make any noise. Why would you hypothesize about a situation like that, especially to a seasoned homicide investigator? Why would you do that? This is the hearing where Josh, Chris.

[Cheryl Crowe]

McDonough was one of the detectives who interviewed Josh and Aaron.

[Michael Crowe]

Aaron is a very methodical young man. He knows what he says and why he says it, and he's very, very specific. Aaron tells you that Michael had said he really wants to kill his sister. And Aaron says, I'll help you do it. And then they plan it. That's what they told him. And that is another thing that really, really, really scared me about Aaron. That's why I don't ever want to be alone in a room with Aaron.

[Cheryl Crowe]

When Josh told you he was afraid of Aaron, did you believe him?

[Michael Crowe]

Yes, definitely.

[Cheryl Crowe]

Once they had their confessions, detectives believed they had made their case. But shortly after the boys had given those detailed statements, they recanted, took it all back. Now Michael and his friends were saying they had made it all up under intense pressure from the police. You didn't conspire with your friends to kill your sister?

[Michael Crowe]

No.

[Cheryl Crowe]

You didn't take part in it in any way?

[Michael Crowe]

In any way.

[Cheryl Crowe]

Why wouldn't you just stick to your guns and say, I didn't do this, I didn't do this? There's no way in the world I'm gonna confess to something I didn't do.

[Michael Crowe]

Eventually, they wear you down to where you don't even trust yourself. You can't trust your memory anymore.

[Cheryl Crowe]

Why in the world an innocent person would ever confess to a crime as serious as murder?

[Michael Crowe]

I had a lot of pressure on me at the time. And again, you'd have to just be there.

[Cheryl Crowe]

Did you stab Stephanie Crow?

[Michael Crowe]

No. Come all the way back to this? Get out.

[Cheryl Crowe]

And Michael's family believed them.

[Michael Crowe]

Number one is kind of ridiculous. What did they have to gain, too? I mean, were they bored or something? Let's go kill someone. It doesn't make sense.

[Cheryl Crowe]

But the district attorney's office was convinced they were guilty. So six years ago, it wasn't the drifter Richard Tuit on trial, but the three boys. Their lives were on the line.

[Michael Crowe]

Tonight, new evidence is pointing toward another suspect in the murder.

[Cheryl Crowe]

Until it is a sealed bag, a stunning piece of evidence came to light out of nowhere.

[Michael Crowe]

The most shocking news of all is that police may have had this evidence all along. Ryan Reynolds here from Mint Mobile. I don't know if you knew this, but anyone can get the same Premium Wireless for 15amonth plan that I've been enjoying. It's not just for celebrities. So do like I did and have one of your assistant's assistants switch you to Mint Mobile today. I'm told it's super easy to [e-mail] Switch upfront payment of 45 for 3 month plan equivalent to 15 per month required intro rate first 3 months only, then full price plan options available, taxes and fees, extra fee, full terms. @mintmobile.com Some people follow the rules, but where's the fun in that? I'm Soraya and this is Rule breakers, the podcast where we celebrate the rebels, the misfits, and the ones who make their own way. Every week I sit down with the biggest rule breakers in sports, entertainment and beyond to talk about the wildest moments, toughest lessons, and why breaking the rules might just be the key to success. Follow and listen to Rule breakers with Saraya, an Odyssey podcast available now for free free on the Odyssey app and wherever you get your podcasts. Did you know that parents rank financial literacy as the number one most difficult life skill to teach? Meet Greenlight, the debit card and money app for families. With Greenlight, you can send money to kids quickly, set up chores automate allowance and keep an eye on your kids spending with real time notifications. Kids learn to earn, save and spend wisely and parents can Rest easy knowing their kids are learning about money with guardrails in place. Try Greenlight Risk free [e-mail] Spotify. So who do you think stabbed Stephanie? I believe I heard this. Just because that's, you know, what, how they planned it and that's what, you know, he said after the fact. He said things weren't according to time, you know.

[Cheryl Crowe]

The confession of John Josh Treadway gave the most details about the murder of Stephanie Crow.

[Michael Crowe]

The confession tells us that two people.

[Cheryl Crowe]

Went into the room and one stayed.

[Michael Crowe]

Out and two people cooperated to commit this murder. And then Aaron came out, told Michael, you know, okay, everything's okay, everything's taken care of. Joshua has always been the pivotal defendant in this case. Oh, he's the kid. He really doesn't understand a lot that's going on.

[Cheryl Crowe]

No one believed more in Josh's innocence than his public defender, Mary Ellen Attridge.

[Michael Crowe]

Joshua is not Mr. Sociopathic. That kid is an open buck.

[Cheryl Crowe]

She was relentless in her belief that the police set the boys up.

[Michael Crowe]

There is absolutely no physical evidence in this case that shows any of these three kids had anything to do with this at all.

[Cheryl Crowe]

The main thing the prosecution has are the two confessions.

[Michael Crowe]

They're not confessions. They're false, they're lies. And they were manufactured out of whole and coercive cloth by the police department.

[Cheryl Crowe]

Mary Ellen Attridge's plan was to dispute the boy's so called confessions. But she was also planning to revisit the questions about Richard Tuit and paint him as the likely killer. One thing she had always wondered about was the clothing police took from Tuit the morning Stephanie's body was discovered. Clothing the police said contained no incriminating evidence. She wanted to have a closer look.

[Michael Crowe]

I was given the impression that all of the clothes were sent to their DNA lab.

[Cheryl Crowe]

She discovered that only Tuit's white teeth had been tested for DNA evidence.

[Michael Crowe]

When we went to see the evidence, I looked at Richard Tuit's clothing and I thought, this stuff is a cesspool of biological material.

[Cheryl Crowe]

And then she saw something on the red sweatshirt.

[Michael Crowe]

I didn't know what it was. I suspected there had to be some sort of DNA on there somewhere. Richard Tuit, a known paranoid schizophrenic.

[Cheryl Crowe]

Attridge demanded that prosecutors send all of Tuit's clothing for DNA testing. Five months later, on the first day of Josh's trial, there was still no word from the lab.

[Michael Crowe]

And then the phone call came in and I hung up and I just started to cry.

[Cheryl Crowe]

The DNA Lab had found three spots of Stephanie Crow's blood on Richard Tuitt's red sweatshirt.

[Michael Crowe]

We got a phone call from Mary Ellen.

[Cheryl Crowe]

Woohoo.

[Michael Crowe]

It's over. Hey, Mike, after all this time. It's almost one year. I don't know what the district attorney's gonna say at this point. You know how they're gonna react to all this. I like the way that looks, don't you? I thought this is it. Bombshell. This is the slam dunk. Lock him away. Richard Tuit killed Stephanie Crow. Absolutely, positively. No doubt about it, Summer.

[Cheryl Crowe]

The prosecution was stunned. How come no one spotted this blood before? The shirt is heavily stained.

[Michael Crowe]

It's a transient shirt. It has stains everywhere.

[Cheryl Crowe]

These are small stains of blood. Forgive me for saying this, but this is a prosecutor's nightmare, isn't it? It is a nightmare. You really need to figure out how that blood got onto its shirt before you can go anywhere. Right.

[Michael Crowe]

That's excellent. That's exactly. I think that is the primary thing that we have to do. It's about time that these kids got their names back, their lives back. And the Crow family was allowed to grieve for their daughter because they were deprived that opportunity by an unjust system.

[Cheryl Crowe]

The judge put a freeze on the trial. Six weeks later, charges against the three boys who had been incarcerated for six months were dropped with the provision they could be filed again.

[Michael Crowe]

They could not go in front of a jury with a straight face and ask that they find these kids guilty beyond a reasonable doubt.

[Cheryl Crowe]

This is a true mystery right now, and I want to look at it that way.

[Michael Crowe]

And I don't want to make up my mind.

[Cheryl Crowe]

I don't want to say they did.

[Michael Crowe]

It, he did it.

[Cheryl Crowe]

I want to find out what the truth is. The DA was reluctant to charge Tuit, who was in jail for a burglary.

[Michael Crowe]

Three years in state prison.

[Cheryl Crowe]

There were just too many unanswered questions, mostly about the confessions and how the Escondido police handled the evidence.

[Michael Crowe]

Something's vastly wrong. Somewhere when the police arrest somebody, you think they must have the goods on them. I had a lot of trust and faith in police, and it's getting very difficult to retain that.

[Cheryl Crowe]

A year went by, still no arrest. Summer Stephan and the Escondido authorities were off the case when the state Attorney General's office took it over.

[Michael Crowe]

Every once in a while in a detective's career, you get a case that stays with you all your life. And for me, it would be this case.

[Cheryl Crowe]

Vic Koloka, a senior investigator with the San Diego Sheriff's Department was in charge of the new investigation.

[Michael Crowe]

Either the boys did it or Mr. Tua did it. It wasn't who done it, it's you know, which one done it.

[Cheryl Crowe]

Koloka started fresh, quickly focusing in on the interrogation tapes.

[Michael Crowe]

I only know I did it now because she's dead. I did try to be objective, but something that we were told never to ever do in interviews was being done in front of me. And it was very upsetting, very shocking. Can I please talk to my mom before we continue any conversation? I just need to hear words from her, please.

[Cheryl Crowe]

He noted that the boys had no lawyers with them and were isolated from their parents for extended periods of time. They were interrogated for hours on end.

[Michael Crowe]

You're going to tell them the truth. You've got unsophisticated boys, 14, 15 years of age, no criminal sophistication, that have faith in the system. He keeps telling me all this stuff, and I don't know if it's true or not.

[Cheryl Crowe]

It was clear to Koloka that police lied to their suspects, which is legal. The question he had was, did they promise leniency, which is illegal.

[Michael Crowe]

I think we have ways of helping this situation. And you know what? Right? I'm not really sure that locking you up to cancer, the amount of stress they were under, I mean, this was brainwashing as far as I was concerned. Tell us the story. A lie. I'll have to make it out. That's the story.

[Cheryl Crowe]

Koloka was becoming convinced the boys were innocent because their stories did not fit the facts of the crime.

[Michael Crowe]

I'm just gonna warn you right now, it's a complete lie. Apparently the police believed that Stephanie Crow had been moved from her bed. Is she heavy? They had been pressuring Michael, asking him, why did you move her? Can you feel the weight of her body in your arms? I don't remember anything. But then Michael admitted to the police that he had moved her body. That, to me, was critical because Michael admitted to something that we could prove factually never happened.

[Cheryl Crowe]

Did Michael Crowe actually confess to the crime in this interrogation?

[Michael Crowe]

No, Michael never confessed. He just gave the police what he thought they wanted to hear. I think Escondido Police Department acted within the scope of their responsibilities. Absolutely.

[Cheryl Crowe]

Though he wasn't there for the most grueling part of the interrogations, Chris McDonough sees things differently. Do you think those detectives crossed the line in those moments?

[Michael Crowe]

What's your definition of crossing the line?

[Cheryl Crowe]

Doing what you're not supposed to in an interrogation?

[Michael Crowe]

I think not. Being there. So I don't know what they were thinking. So I'm not gonna, you know, guess. I don't think this was an intentional thing on their part, but something happened that they went too far and I think they did cross the line. If I did this, then I must be some constantly blocking it out or something like that. I can't.

[Cheryl Crowe]

Knowing what you know now, do you think the boys killed Stephanie Crow?

[Michael Crowe]

I think there's reasonable doubt on Richard Tuitt and the three boys. I think the pendulum can swing either way. The only thing that works is the truth.

[Cheryl Crowe]

Koloka spent two and a half years investigating the case and he interrogated Richard Tuitt.

[Michael Crowe]

I ask you again, think about it. Am I making myself clear the house. I walked. I walked out.

[Cheryl Crowe]

Tuit admitted he went into the Crow house but denied killing Stephanie.

[Michael Crowe]

What do I tell Dee? I didn't. I didn't killed.

[Cheryl Crowe]

But in the end, for Detective Koloka, it was the DNA blood evidence that was irrefutable.

[Michael Crowe]

And any other case would have been more than enough to get a conviction, just that alone.

[Cheryl Crowe]

During the evening, Coloca went to his boss, the sheriff, who made the dramatic announcement on live tv.

[Michael Crowe]

This morning, sheriff's homicide detectives arrested Richard Raymond Tuitt for the murder of Stephanie Crow.

[Cheryl Crowe]

Four and a half years after police first questioned Richard Tuit, he was finally arrested for the murder of Stephanie Crow.

[Michael Crowe]

I was happy that they'd finally taken the next step in the process and that we might finally actually get some justice here. He enters a plea of not guilty and denies all allegations.

[Cheryl Crowe]

But just when Tuit's trial was about to begin, there was another bizarre twist.

[Michael Crowe]

A massive search is underway downtown right now for 34 year old Richard Tuit. He escaped during the lunch hour just as jury selection began in his murder trial. This episode is brought to you by Selectquote. Life insurance can have a huge impact on our family's future with Selectquote. Getting covered with the right policy for you is simple and affordable. Selectquote's licensed insurance agents will tailor your experience to find a life insurance policy for your needs in as little as 15 minutes. And selectquote partners with carriers that provide policies for many conditions. Select quote they shop, you save. Go to selectquote.com SpotifyPod today to get started. This episode is brought to you by Lifelock. It's tax season and we're all a bit tired of numbers, but here's one you need to $16.5 billion. That's how much the IRS flagged for possible identity fraud. Last year. Now here's a good 100 million. That's how many data points LifeLock monitors every second. If your identity is stolen, they'll fix it, guaranteed. Save up to 40% your first year. @lifelock.com podcast terms apply. A massive search is underway for 34 year old Richard Tuit.

[Cheryl Crowe]

He was last seen wearing a white.

[Michael Crowe]

Shirt, gray pants, and he's now clean shaven. He escaped during the lunch hour just as jury selection began in his murder trial. And next thing they know, the lunch and Richard Tuitt were gone and the handcuffs were still there. He walked out a door and probably into the hallway of the courthouse and out.

[Cheryl Crowe]

Our number one priority right now is finding Richard Tuitt. Just three hours after slipping away from the San Diego courthouse, Richard Tuit was finally captured.

[Michael Crowe]

Accused murderer Richard Tuitt is caught a few hours after escaping from the county courthouse this afternoon.

[Cheryl Crowe]

For prosecutors, his escape on the first day of trial is just more proof that he killed 12 year old Stephanie Crow.

[Michael Crowe]

This guy's got to be brought to justice. We got to fix things that were broken.

[Cheryl Crowe]

Prosecutors are in an unusual position. They must also play defense attorneys because to convict Tuit of murder, they must exonerate the boys.

[Michael Crowe]

Pointing towards this idea of innocence are these 10 main points. There's no way that these kids could have done it at the time. Are there two reasonable interpretations?

[Cheryl Crowe]

Brad Patton is one of Richard Tuit's defense attorneys.

[Michael Crowe]

The evidence that is being proffered against Richard Tuit is not reliable and does not prove the case beyond a reasonable doubt.

[Cheryl Crowe]

Is this going to be more about defending Richard Tuit or proving that the boys did it?

[Michael Crowe]

This is a trial within a trial in the classic sense. Back on the record in the Tuit case, let the record reflect the presence of the ladies and gentlemen jury, the attorneys and Mr. Tuit.

[Cheryl Crowe]

It's hard to believe the man in the mugshot is the same man the jury would see. A subdued, clean shaven, handsome man who has the support of his family. Did Richard murder Stephanie Crow?

[Michael Crowe]

Absolutely not. No. Never, never would he have done anything like that. This picture was taken on his first birthday.

[Cheryl Crowe]

Richard Tuit's mother Linda and sister Carrie say he is harmless. A sad case of a young man once full of promise.

[Michael Crowe]

He was just very outgoing and just fit right in wherever you took him. He's a people person, animal person. He always liked to wear a Santa hat and help with the gifts.

[Cheryl Crowe]

In his 20s, he was diagnosed with schizophrenia. The family says they took Richard to the hospital at least 30 times.

[Michael Crowe]

They'd help him short term. And that was it. They released them.

[Cheryl Crowe]

And so, too, it wandered the streets of Escondido.

[Michael Crowe]

He used to tell me, I know it's not your fault, Mom. I'm like this. And he felt bad, and he felt like he was a burden. Please raise your right hand as best you can.

[Cheryl Crowe]

He was no stranger to police. His criminal record includes arrests for drug use, attempted burglary, and assault with a deadly weapon.

[Michael Crowe]

That it was an organized crime.

[Cheryl Crowe]

And yet, says his other attorney, William.

[Michael Crowe]

Fletcher, there is not any trace evidence that connects Mr. Tuit with the Crow residence. Richard Tuitt did not go into that house, and Richard Tuitt did not kill Stephanie Crow.

[Cheryl Crowe]

There may have been no evidence left by Tuit in the Crow home, but there was evidence onto it. In fact, after Stephanie's blood was found on his red sweatshirt, a crime lab eventually found her blood onto its white T shirt, too. How significant to your case are those blood stains on those two shirts?

[Michael Crowe]

Part of the case. Right at the center of the case.

[Cheryl Crowe]

Because, according to prosecutors, there's only one way blood could have gotten on his clothes. He killed Stephanie.

[Michael Crowe]

The most likely means of delivery was from blood, which was wet at the. At the time that it was applied.

[Cheryl Crowe]

But the defense was about to present its theory. Showing you a red shirt that Stephanie's blood was transferred to its clothes by the police.

[Michael Crowe]

There was blood on your knee, wasn't there? It wasn't. Well, I couldn't tell if it was red or not, but, yes, there was moisture on my knee, and I assume that it probably came from blood.

[Cheryl Crowe]

Who got blood on themselves at the crime scene?

[Michael Crowe]

I tried to avoid stepping into the blood. Based on photographs that you've seen, saw what she called was transfer. Yes.

[Cheryl Crowe]

The defense claims that Stephanie's blood got on Tuit's white T shirt after investigators tracked it into a holding cell where Tuit was being questioned. When Tuit sat on the floor of the cell, blood tracked in on the shoes of the policeman got smeared on Tuit's shirt, which was soaking wet from the rain.

[Michael Crowe]

Showing you a sleeve with areas where they found blood.

[Cheryl Crowe]

But what about the red sweatshirt?

[Michael Crowe]

In the past, I have placed my camera tripod in a bloodstain. In this particular case, I don't believe that I did. I would have tried everything possible to not do so.

[Cheryl Crowe]

But that's exactly what the defense claimed happened. That a police investigator photographing the crime scene used using a tripod like this, set it down in Stephanie's blood. Later, back at the lab, the police used that same contaminated tripod to photograph Tuit's red shirt. According to this theory, some of Stephanie's blood, now dried somehow, flaked off the tripod and onto the shirt. And when that shirt was later tested, using wet chemicals, the dried blood turned into a bloodstream. Do you think the jury will buy that?

[Michael Crowe]

Honestly, no, I don't. I really don't.

[Cheryl Crowe]

And then the defense presents its strongest argument to exonerate Richard Tuit. The boy's own words.

[Michael Crowe]

All my nose. I'm positive I killed him.

[Cheryl Crowe]

Most of the confession tapes had been ruled coerced and inadmissible back when the boys were facing trial. But now those tapes can be used as evidence to defend Richard Tuit.

[Michael Crowe]

The truth, the whole truth, and nothing but the truth. I do.

[Cheryl Crowe]

Michael Crowe, Stephanie's older brother, would now take the stand to defend himself.

[Michael Crowe]

Maybe I need to be a little more specific here, or maybe if I change the question. Do you know who killed Stephanie?

[Cheryl Crowe]

It is the first time Michael, now 20, has seen what he told police when he was 14.

[Michael Crowe]

Why this is going on? What's going through your mind? Just don't like remembering that. I just wish I wouldn't have done that to me.

[Cheryl Crowe]

You were quite emotional on the stand. What was it that sort of pushed you past the brink?

[Michael Crowe]

I think a lot of that came just from me wanting to know, you know, what the hell were those cops doing? Why were they doing that to me? And just every time they'd ask a question, I'd just be thinking to myself, why didn't one of them step in and say, you know, maybe this is wrong? What were you supposed to do? Dispose of the evidence.

[Cheryl Crowe]

Then it's Joshua Treadway's turn to testify.

[Michael Crowe]

You were talking to the detectives about the fact that you were in the kitchen and Michael had come out alone. Not with Aaron, but alone with the knife.

[Cheryl Crowe]

Recall that it's all subjective to whatever.

[Michael Crowe]

They wanted to hear. I didn't want to say any of it. But you clearly did, right? You did say all that? Yes, Mr. Hauser did. You used to call up Michael Crow on the phone and asked if he had killed his sister yet? Not that I remember.

[Cheryl Crowe]

Aaron Hauser is the last of the boys to take the stand.

[Michael Crowe]

So as you sit here today, you have no recollection of having called Michael Crow and made that statement, correct?

[Cheryl Crowe]

Even though it's Richard Tuit on trial for murder? In the two weeks of the boy's testimony, the defendant's name is hardly mentioned.

[Michael Crowe]

No further questions. Any further? Nothing further. Thank you, Honor.

[Cheryl Crowe]

Finally, after listening to Three months of testimony. The jury must decide. Is Richard Tuit the killer? That's Stephanie's blood on this shirt.

[Michael Crowe]

No question about it.

[Cheryl Crowe]

Or as the defense claims, are these boys getting away with murder?

[Michael Crowe]

Who had the motive to kill in this case? Was it Richard Tuitt in this theory that the prosecution is woven together? Or is it Michael Crowe? This is Stephanie. I think about Stephanie every day. No fail. Just imagine everything that you love in your life, everything that you get your strength and your stability from. And just imagine that being torn away from you.

[Cheryl Crowe]

After six years of living under suspicion for the murder of his little sister, the moment of truth is about to come for Michael Crowe.

[Michael Crowe]

Just kind of feels like you've been running a marathon and it might be over, but you never know.

[Cheryl Crowe]

A jury is finally deliberating the fate of the man who is on trial now for her murder.

[Michael Crowe]

There are only two possibilities on the planet earth for the cause of Stephanie Crow's death. One would be the three boys.

[Cheryl Crowe]

The other is Richard Tuitt. In the end, would the jury believe a mentally ill transient could kill a young girl in her own home without making a sound or leaving a trace?

[Michael Crowe]

All I know is I'm positive I killed him.

[Cheryl Crowe]

Would they believe a brother and his friends could confess to a murder they didn't commit?

[Michael Crowe]

Some people just don't want to believe that, you know, 14 or 15 year old kids are capable of killing.

[Cheryl Crowe]

And what about the blood? Could police mistakes have contaminated key evidence?

[Michael Crowe]

It's the only case I've ever known of where DNA wasn't enough.

[Cheryl Crowe]

It would take eight long days of deliberating, but finally.

[Michael Crowe]

Any thoughts today? Not right now. All right, Mr. Crow, what are your thoughts? I don't know right now. Madam Clerk, please read the verdicts.

[Cheryl Crowe]

A verdict is reached.

[Michael Crowe]

We, the jury, in the above entitled cause, find the defendant, Richard Raymond Tuit guilty of the crime of voluntary manslaughter.

[Cheryl Crowe]

The jury has found Richard Tuitt guilty of the lesser charge of voluntary manslaughter, concluding that he killed Stephanie Crow, but without malice or premeditation.

[Michael Crowe]

What'd you say about Ms. Crow?

[Cheryl Crowe]

What's the first thought that went through your mind when the verdict was read?

[Michael Crowe]

Disbelief. Absolute disbelief. I'm just thankful for the prosecutors that they did such a wonderful job. They took a lot of time to do what was almost impossible. And they did it, found justice for Stephanie. Finally the community has seen this case, understands this case, realize that Mr. Tuit is the guilty person and the boys had no involvement at all. And they're finally. The cloud is finally Lifted from them.

[Cheryl Crowe]

Michael Crowe chose not to be there for the news. Three months after the conviction, the judge is ready to sentence to it. At issue whether his mental illness will affect his punishment.

[Michael Crowe]

This state just does not have the proper facilities to take care of those people who are mentally ill and who present a danger to the community.

[Cheryl Crowe]

Should we feel sorry for Richard Tuitt?

[Michael Crowe]

Yes, He's a victim. I think he's a victim. He is a victim.

[Cheryl Crowe]

However, the judge rules that Tuitt's extensive criminal record cannot be ignored and he sentences him to the maximum term.

[Michael Crowe]

For these reasons and others, probation is denied. The defendant shall be committed to the Department of Corrections for the total term of 13 years.

[Cheryl Crowe]

For the Tuit family, it's a bitter disappointment. For the crows, it's the end of a recurrent nightmare. For Detective Vic Koloka, the cop who turned this case around, it's justice, plain and simple.

[Michael Crowe]

Cloaka is the hero of this case, is the best way of saying it. He's just what a cop should be. I know that I can hold my head high, that I did the best I could for this little girl. Stephanie is the reason. Stephanie is the motivation behind this, so I feel good about that. We'll always be grieving. Unless they can find a way to bring her back. She's gonna be a part of our lives from now on in I. I'm moving on with a different life. Whatever life I had then is completely gone at this point.

[Cheryl Crowe]

Michael Crowe is now married. He hopes to finish college and is desperate to leave behind the whispers of Escondido.

[Michael Crowe]

Justice for me would be admissions and apologies from the people who just tortured me and broke my life because they could. I think Stephanie got what justice this world has to give her. We can only hope that if there is something in the next world that justice will be given to her. Then this world doesn't have any justice for either of us. In 2012, Richard Tuit's conviction was overturned and he was acquitted in a 2013 retrial. Stephanie Crow's murder remains unsolved.