Episode Summary: Bear Brook Season 2 - "Update: The Reversal"

Release Date: April 22, 2024

Introduction

"Bear Brook," the critically acclaimed true crime podcast from New Hampshire Public Radio (NHPR), continues its gripping exploration of the Jason Carroll case in Season 2. In the episode titled "Update: The Reversal," host Jason Moon provides a comprehensive update on the significant developments in Carroll's fight to overturn his wrongful conviction. This episode delves into newly discovered evidence, legal battles, expert testimonies, and the hopeful turning tide that may finally bring justice after 35 years.

1. Discovery of New Evidence

At the heart of this episode is the pivotal discovery of new evidence that has reignited hopes for Jason Carroll’s exoneration. Approximately 17 months prior to the episode, Cynthia Musso, Carroll's attorney, uncovered a second box of evidence related to Sharon Johnson's murder. This box included critical items such as Sharon's clothing, the alleged murder weapon, and fingernail clippings that could potentially contain DNA evidence.

• Cynthia Musso [02:19]: "To the answer to who killed Sharon Johnson is very likely in that envelope right there."

The discovery was serendipitous, occurring during the demolition of the New Hampshire Department of Justice headquarters. This second box, labeled "Do Not Destroy Sharon Johnson Case," was found amidst a large-scale move, highlighting the often-overlooked nature of evidence management in cold cases.

• Cynthia Musso [07:13]: "This box... was found in the basement of the former headquarters of the New Hampshire Department of Justice."

2. Legal Struggles for DNA Testing

For years, Musso and Carroll have been striving to have the newly found evidence subjected to DNA testing, a move that could potentially exonerate Carroll. Initially, the State of New Hampshire opposed this request, arguing there was no scenario where DNA testing could aid in his exoneration.

• Cynthia Musso [02:23]: "It's been about 17 months since that day with the box... The state of New Hampshire didn't [support DNA testing]."

However, just days before a scheduled hearing in December 2023, a significant shift occurred. Prosecutor Charles Buca informed them of the second box, leading to a status conference where the judge, William Delker, ordered the state to re-examine all stored evidence thoroughly.

• Jason Moon [06:45]: "We found another box."
• Cynthia Musso [10:14]: "The judge... agrees with Cynthia and tells the state, check everywhere again and file a memo with the details of how you did that."

3. Contents and Significance of the New Evidence

The second box revealed several new items:

• White Shirt: A man's undershirt stained with black, brown, and yellow substances, found near the crime scene. Notably mislabeled as the victim’s shirt, raising questions about evidence handling.

  • Cynthia Musso [12:08]: "The location of Sharon's missing shirt was a big focus... But this isn't it."

• Knife: A long-bladed wood-handled knife discovered less than a mile from where Sharon’s body was found.

  • Cynthia Musso [13:52]: "This knife was also found along the side of a road in Bedford shortly after the murder."

Additionally, the lab files contained a DNA profile of Sharon's husband, Ken Johnson, created in 2004—years after the murder—without clear reasoning, adding another layer of complexity to the case.

• Cynthia Musso [15:19]: "New Hampshire State Police were generating a profile of Ken's DNA. But why would they be doing that in 2004?"

4. Assembling Expert Testimonies

To bolster their case for DNA testing, Musso assembled a formidable team of experts:

• Tim Pambach: A retired Connecticut state trooper and former head of the forensic lab, known for his involvement in high-profile cases like the Michael Peterson trial.

• Carl Reich: A biochemistry expert with 22 years of experience, who has consulted on cases such as Steven Avery’s.

• Hayley Cleary: A psychologist specializing in juvenile false confessions, providing insights into Jason Carroll’s coerced confession.

• Barbara Ray Venter: An expert in genetic genealogy, instrumental in identifying victims in previous cases covered in Season 1.

• Cynthia Musso [19:05]: "One of the things that we found in there was that there had been some... [expert testimonies outlined]."

5. State’s Reversal and Approval of DNA Testing

In a dramatic turn of events, the state decided to drop its objection to DNA testing, albeit reserving the right to challenge the implications of the results. This decision effectively paved the way for the first stage of DNA testing—quantitative analysis—to proceed.

• Jason Moon [19:25]: "It is dropping its objection to DNA testing..."
• Cynthia Musso [19:26]: "The state forensic lab will handle the first stage of the DNA testing."

6. The DNA Testing Process and Potential Outcomes

The episode outlines the intricate process of DNA testing on aged evidence, emphasizing the challenges posed by degraded samples and the backlog at the state lab.

• Jason Moon [22:20]: "It's hard to tell. We asked for a six month check in to see sort of what was going on."

Possible outcomes discussed include:

• Exoneration: DNA not matching Carroll, Ken, or others involved, potentially linking the case to another individual through the CODIS database.

  • Jason Moon [23:54]: "The best case scenario is we get a profile on some of those items that doesn't match Jason, Ken or Tony."

• Complications: DNA matching individuals connected to the case, such as Ken Johnson or Tony (Sharon's stepdaughter's connection), which would necessitate further investigation but not necessarily implicate Carroll.

  • Jason Moon [26:46]: "If Jason's DNA is not on anything at all... the jury should have known at the time."

7. Implications for the Justice System

The episode reflects on systemic issues within the justice system, particularly regarding evidence management and the willingness to revisit old cases.

• Jason Moon [20:10]: "The reality is that deals get made on the night before trials all the time."

Cynthia Musso emphasizes the significance of this development as a massive step towards uncovering the truth and ensuring justice for Jason Carroll.

• Cynthia Musso [27:43]: "Now we get a chance to find out."

Notable Quotes

• Jason Moon [03:35]: "It's the best news I've had in 35 years."

• Cynthia Musso [12:16]: "It's been about 17 months since... there was no scenario where DNA testing could exonerate Jason."

• Jason Moon [19:26]: "The reality is that deals get made on the night before trials all the time."

• Cynthia Musso [27:43]: "Now we get a chance to find out."

Conclusion

"Update: The Reversal" serves as a beacon of hope in Jason Carroll's long-standing fight for justice. The episode meticulously outlines the hurdles overcome and the expert collaborations that have led to this crucial juncture. As DNA testing commences, listeners are left anticipating the potential revelations that could finally exonerate Carroll and close a harrowing chapter in Bear Brook's true crime saga. This episode not only advances the narrative of a wrongful conviction but also underscores the persistent pursuit of truth within the labyrinthine corridors of the justice system.

Production Credits

• Reported and Produced by: Jason Moon
• Edited by: Katie Culinary
• Original Artwork & Website: Sara Plord
• Additional Photography & Videos: Gabby Lozada
• Production Team: The document team at New Hampshire Public Radio
• Website: bearbrookpodcast.com