Reverend Gerald Durley (2:48)

I contend that if we're going to make a difference, we need to get involved. Take these. Talk it up, talk it up, talk it up. Will you work with us on it?

Narrator/Reporter (3:04)

On this Sunday morning, nearly 500 people listen, learn and pledge to do their part.

Detective Velasquez (3:10)

You know, I don't think there's anything that we wouldn't try. We feel that this person is from that community, has lived in that community, perhaps still does. We've reached out to churches, to civic groups, to schools, clinics, and that's the real reason why we're really hitting this community, as you know, as hard as we've been hitting.

Narrator/Reporter (3:31)

Two days later, detectives get a break in the form of school attendance records from the day Nicole Smith was killed.

Detective Velasquez (3:42)

This is the absent tardy list for Tharrow High School on the day Nicole Smith was killed.

Narrator/Reporter (3:48)

On the absentee and tardy list are the names of 153 male students, each a potential suspect.

Detective Velasquez (3:56)

Of course, if you were in school that day, you're eliminated, you're accounted for. So these are the people that were unaccounted for. So that's a potential large number of people that we would want to look at. Stephen Burns was on the list. He attended Tharrow High School. Did not attend school that day. This is Stephen Burris.

Narrator/Reporter (4:17)

Stephen Burris is of particular interest to Velasquez and Popham because of his checkered past.

Captain Russell Popham (4:23)

We're getting this criminal history faxed over here. We do know that he was arrested for statutory rape and false imprisonment. I remember this now.

Narrator/Reporter (4:30)

Those charges were later dropped, but Burris is not in the clear yet.

Captain Russell Popham (4:34)

But right now he's wanted by Douglas county for probation violation. You know, if they ever catch him, stay in prison or stay in their jail for about a year.

Narrator/Reporter (4:44)

A wanted man who was in the area and unaccounted for at the time Nicole was killed. Cold case detectives are very interested.

Captain Russell Popham (4:54)

When we look at his picture, he looks, you know, similar to the composites.

Detective Velasquez (4:58)

He's got, you know, glasses on in the photograph. Gold. Gold glasses that were described similar to the ones worn by the rape victim.

Narrator/Reporter (5:08)

So Velasquez and Popham feel the trail heating up. They try to contact Burris through a local number without success.

Detective Velasquez (5:15)

I've called that number before. And a woman answers and she'll say she'll give him a message, but he never calls.

Narrator/Reporter (5:21)

Detectives run a trace on the phone.

Captain Russell Popham (5:23)

That's probably a good address.

Detective Velasquez (5:25)

Yeah.

Narrator/Reporter (5:25)

They get back a name and an address in a neighboring county.

Detective Velasquez (5:29)

Could be a girlfriend.

Captain Russell Popham (5:30)

Most likely she looks like she was. Well, she was born in 1980, so she's 25 years old.

Detective Velasquez (5:37)

Going to Douglasville. It's a suburb of Atlanta. It's about 30 miles away.

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Detective Velasquez (7:27)

If he's there, they're going to take him into custody on the probation warrant that he has and we're going to attempt to talk to him and get a swab from him. There's a light on the back.

Narrator/Reporter (7:39)

It's just after 2 in the afternoon. Velasquez and Popham have called ahead to the Douglas County Fugitive Squad who want Verris on a probation violation. Detectives approach the house where they believe Burris is staying.

Detective Velasquez (7:53)

How you doing, sir? We're from Atlanta Police. Is that your daughter's boyfriend? They. They identified him as their daughter's boyfriend. Not very happy about him, but they didn't seem to like them too much. Stephen Burris has really mistreated their daughter through their relationship.

Narrator/Reporter (8:09)

Velazquez contacts the daughter who appears willing to help police.

Detective Velasquez (8:14)

I was able to speak with her. She gave us an address of where he's staying with his cousin. And now with Douglas County Sheriff's Office, we're going to head over to that location, see if he's there.

Captain Russell Popham (8:25)

A lot of crime in this particular apartment complex. Drugs, guns, murders, that type of thing over the years.

Detective Velasquez (8:32)

So I'll go with this guy. I guess we'll go up front with him.

Narrator/Reporter (8:35)

Detectives arrive at the apartment complex and surround the house.

Detective Velasquez (8:39)

This is the only side. It's one side.

Producer/Host (8:43)

Only.

Narrator/Reporter (8:44)

To find no one at home.

Detective Velasquez (8:47)

There you go. You got. You are truly a fugitive, man.

Producer/Host (8:50)

We're gonna track him down. We're fine. I think once I talk to her. Yeah, he will. On the other side.

Captain Russell Popham (8:56)

Okay.

Producer/Host (8:57)

All right.

Captain Russell Popham (8:57)

Yeah.

Detective Velasquez (8:59)

He's supposed to be at. Nobody answered the door, so Douglas County's going to keep looking for him. He'd call us as soon as they put him in their jail, and we'll come back out and interview him in the jail.

Narrator/Reporter (9:15)

Two days later, there's still no trace of Burris, and his girlfriend is giving police the runaround, and she's supposed to.

Captain Russell Popham (9:23)

Be getting back with us. And here it is, 48 hours later, and she still hasn't gotten back with us. So dial the cell phone so she'll answer.

Detective Velasquez (9:33)

Your call has been forwarded to it.

Captain Russell Popham (9:36)

She knows your number. I mean, she knows. 7, 3, 0, that's the prefix, so she knows the number.

Narrator/Reporter (9:43)

Coming up, Detectives suspect the woman is screening her calls.

Captain Russell Popham (9:47)

I'm just blocking the number. Calling her cell phone and blocking the number so she'll pick it up.

Narrator/Reporter (9:53)

This way, the ploy works.

Captain Russell Popham (9:57)

This is Captain Popham with East Point police. How are you? Okay. Have you talked to Mr. Burrus lately? You have? Why won't Mr. Burris give us a call back? I mean, what's his problem? I don't want to become angry at her. I mean, that's the key. At the time, that was the key to pinpointing him, was her. I mean, she's the only person we knew that saw him on a daily basis. But he's there right now, is what you're saying. Where are you at right now?

Detective Velasquez (10:26)

I mean, she's telling us he's at the house because she knows he's not there. That's why she's telling us that. Cause he's with her. Yep. I mean, but, you know, they running like they kill somebody.

Captain Russell Popham (10:34)

Talking to him right now is the. As far as this case goes, it's about the most important thing that we've had to do on this case in a while. Just because he's avoiding us.

Detective Velasquez (10:44)

If she's with him, she's going to jail. Yeah.

Narrator/Reporter (10:47)

Detectives need to track down Stephen Burris and ask him the hard questions.

Detective Velasquez (10:52)

Well, here's the thing, man, just to be straight up with you, what I like to do is explain to, especially in this case, what this is about. It's A rape, it's a murder. And we have DNA because what that's gonna do is gonna tell him once we ask what we need from him, he's either gonna put up or shut up.

Brooke Giddings (11:21)

After nearly a decade without, detectives are finally closing in on a person of interest in the rape and murder of Nicole Smith and the assault of another young teenager who preferred to remain anonymous. With DNA evidence on file, investigators just need a suspect sample to compare. And with the help of a community tip, they're hopeful that the final piece of the puzzle might finally click into place.

Captain Russell Popham (11:47)

We're going out to look for Mr. Burris this morning. Stephen Leon Burris.

Narrator/Reporter (11:54)

It's 6am on a Sunday morning and cold case detectives gear up for a surprise visit to Stephen Burris, a person of interest in the 1995 murder of 14 year old Nicole Smith.

Captain Russell Popham (12:06)

The guy's like, he's sitting right over here, he's in jail.

Narrator/Reporter (12:10)

Just before leaving, however, Captain Russell Popham learns another county has already picked up his suspect.

Captain Russell Popham (12:17)

I was like, well, who brought him in? And he said Lieutenant Pounds did. And that was one of the guys from Wednesday. And Lieutenant Pounds got him around midnight last night.

Detective Velasquez (12:26)

Did they take him out already?

Captain Russell Popham (12:28)

This is the sketch from our 13 year old rape victim from August 27th of 04 when this was done. And then this is him back in, the guy we're going to talk to back in 1998, January of 98, it's similar. And as we talked about before, he was absent the day of the murder. If I see a gap in his front mouth, it's going to really get me excited.

Narrator/Reporter (12:52)

The following day, Velasquez and Popham arrive at the sheriff's office ready to question Stephen Burris.

Captain Russell Popham (13:00)

Listen, listen.

Producer/Host (13:01)

Here you go, Mr. Burris. They didn't have any Cokes. The Coke machine was out.

Narrator/Reporter (13:08)

Around 1pm Burris is brought into an interrogation room. Velasquez and Popham watch their suspect on a TV monitor.

Detective Velasquez (13:16)

He was very good at what he was doing. I mean, I could tell Burris was kind of, you know, kind of easing up to him and kind of letting his guard down a little bit. So we were happy about that.

Captain Russell Popham (13:26)

But I mean, he's getting him relaxed, his body language is relaxed. Looking at this, he's drinking his Dr. Pepper.

Narrator/Reporter (13:32)

Now for cold case detectives, offering Burris a can of soda is all part of the strategy to get his DNA.

Detective Velasquez (13:40)

He doesn't agree to give his DNA. That was called a surreptitious sample. He's going to, you know, he can't if he wanted to take the can with him, he could. But once he leaves the can there. Right. It's discarded. We'll take the can and send the can and have the. Opening the can swab at the crime lab.

Narrator/Reporter (14:00)

Detectives let Burris sit for about five minutes. Then it's their turn.

Detective Velasquez (14:05)

There's some level of anxiety before you go in there because you have no idea what they're going to say or, you know, sometimes they confess. I mean, you just never know.

Captain Russell Popham (14:11)

You got him. Got him relaxed for us. So that's good.

Detective Velasquez (14:15)

You're good, man.

Producer/Host (14:16)

Did this.

Detective Velasquez (14:16)

Did the slur speech come in a little bit, yeah. So how do we go in? Through the.

Captain Russell Popham (14:21)

Yeah, right over here.

Detective Velasquez (14:22)

Okay, we're going to go in there and do our thing.

Producer/Host (14:24)

All right.

Detective Velasquez (14:24)

See what he says. We are very anxious to go in there because, you know, if we had been going in this direction all this time to talk to him, well, here it is. This is the prize. Now, he's either gonna kind of move us closer to him being a suspect, pull us away, but it kind of, you know, puts us in the right direction.

Captain Russell Popham (14:44)

Hey, Mr. Burst. How you doing, man?

Producer/Host (14:46)

What? Stephen, how you doing?

Detective Velasquez (14:47)

My name's Detective Velasquez, command. You remember me from Atlanta? How you doing?

Producer/Host (14:51)

All right. Yeah, I'm talking on the phone.

Detective Velasquez (14:54)

Okay, man. We're here because we heard that they had arrested you. I've been trying to talk to you for a while. You know, you had told me you called me back and you never did. Now, I want also him to know that, you know, you didn't call me back. So we're gonna look at you a little closely, more closely than we probably would had you called me. So I wanted to put him on a little bit of an edge, but not so much where he was shut down.

Narrator/Reporter (15:19)

Cold case detectives cut to the chase and explain they are investigating the murder of Nicole Smith.

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Detective Velasquez (17:11)

Okay, well, here's the thing, man, just to be straight up with you, what we're looking at is we're looking at everybody that lived in the neighborhood. Let me tell you why we feel that the guy that did this probably lived in the neighborhood. Okay? And then we're going to take it a step further. And we're looking at everybody that went to Darrell High School, Bunch Middle School. And we took it a step further and we're even looking at people who didn't show up for school that day. You were on the list. What I like to do is explain to especially in this case, what this is about. It's a rape, it's a murder. And we have DNA because what that's gonna do is gonna tell him once we ask what we need from him, he's either gonna put up or shut up. So what we're doing is this. We're asking everybody that was either on that list that was absented to submit to a swab. Right? So what that means is it's a Q tip we will put in your mouth rubby side. Right.

Producer/Host (18:05)

What's that for though?

Detective Velasquez (18:06)

Okay, we're going to compare it to evidence found at the crime scene. Okay. Basically what that means is this. If you have absolutely nothing to do with the murder of Nicole Smith. Right.

Producer/Host (18:15)

I worry about that. I ain't got no.

Detective Velasquez (18:17)

Listen to what I'm saying. Or the rape of another young girl in East Point in 2004.

Producer/Host (18:22)

What you mean a rape?

Detective Velasquez (18:23)

Another young girl was raped in East Point. Same guy. Guy that killed Nicole Smith. Raped? He's from East Point.

Captain Russell Popham (18:28)

Yeah.

Producer/Host (18:29)

From East Point.

Detective Velasquez (18:29)

Yeah. That's why we're working this together. That's.

Captain Russell Popham (18:31)

You know, the DNA is the same. I mean, that's why we're telling you. We're up front with you. You know, there's DNA found from when Nicole was killed, so.

Detective Velasquez (18:39)

But basically, that's it. We want to ask you for your permission to get your DNA. So at that point, honestly, I was a little more anxious than when I first walked in because I really thought at that point he was going to backpedal. Well, he was gonna tell us no.

Producer/Host (18:52)

I mean, I ain't got no reason not to. I mean, y' all being brought with me, you know what I'm saying? I mean, straight up. I mean, I ain't killed nobody, you know?

Detective Velasquez (19:01)

Right.

Producer/Host (19:01)

I ain't trying to rape nobody.

Detective Velasquez (19:03)

Right? You know what I'm saying?

Producer/Host (19:04)

So I don't mean I don't have no problem with that, but I do. Come on. I was like, man, I don't know, man.

Narrator/Reporter (19:08)

Burris consents to provide a saliva sample.

Detective Velasquez (19:11)

Turn it the other way, where this is sticking off the table, and let it drop just like that. Okay. Grab this one and do your right side.

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Yeah.

Narrator/Reporter (19:19)

Cold case detectives have what they came for.

Captain Russell Popham (19:22)

Yeah, we'll have to wait and see.

Narrator/Reporter (19:24)

While Stephen Burris sits in the interrogation room, detectives watch as the suspect appears to talk to himself.

Captain Russell Popham (19:32)

He's a little off a little bit, yeah.

Detective Velasquez (19:36)

I almost thought he was going to say no. When we asked him for the DNA, he was stuttering. Yeah, he was just classic signs of being nervous. I think he thought there was some tricks up our sleeves as far as what we were doing, but he knew from the onset this was about the Nicole Smith case.

Narrator/Reporter (19:52)

Gut instinct tells detectives Burris is not their man.

Detective Velasquez (19:56)

I mean, it's almost like we know this guy, we know who he is, and we know when we meet him, we'll know it's him, because that's how much we know about him. We haven't had that feeling. We haven't walked into a room and went, you know, And I think what I suspect is when that happens, we're going to look at each other and go, okay, are you feeling What I'm feeling.

Narrator/Reporter (20:19)

Six weeks later, DNA test results on Stephen Burris come back from the lab. He is not the man who raped and killed Nicole Smith. As the date this show goes to air, DNA testing on Richard Mitchell is still pending. After 20 months working this cold case, detectives are back where they started with the suspect sketch, a profile and a hope that someone somewhere can help them find a killer.

Detective Velasquez (20:48)

I think, you know, of course we want people to look at this sketch that we have here. So anybody that has any knowledge of anybody around the time that Nicole Smith was killed that had a gap tooth, that lived in that area that looked even remotely similar to this, those are the people we want to find and have contact us. And he has the potential to kill again, you know, and I really think the people standing next to him have no idea. So he's there, he's out there, he's in our city right now. And that's what we're trying to find. The people that you know, any information they think they might know about this case, we want this guy off the street.

Captain Russell Popham (21:25)

So we're asking anybody that watches the show to think back 10 years ago, 11 years ago, you know, who was somebody that might have did this, and just give us a call.

Brooke Giddings (21:43)

Anyone who has information about the case can submit it anonymously through the Atlanta Crimestoppers tip line, 404-577-TIPS or online@crimestoppersatlanta.org or by texting the tip to Crimestoppers at 274637. In 2015, Nicole's family held a vigil on the 20 year anniversary of her death. Detective Velasquez attended. He told the Atlanta Journal Constitution that every detective has a case that they feel compelled to solve, and Nicole's case was his. Equinella Smith, Nicole's mother, said it had been 20 years. Someone knows something. She just wants them to come forward. Cold Case Files, the podcast is hosted by Brooke giddings, produced by McKamey, Lynn and Steve Delamater. Our executive producers are Jesse Katz and Ted Butler. Our music was Created by Blake M.E.

Detective Velasquez (22:45)

Maples.

Brooke Giddings (22:46)

This podcast is distributed by Podcast One. The Cold Case Files TV series was produced by Curtis Productions and is hosted by Bill Curtis. You can find me rookginnings on Twitter and brookthepodcaster on Instagram. I'm also active in the Facebook group Podcast for Justice. Check out more Cold case files@aetv.com or learn more about cases like this one by visiting the A E Real crime blog at aetv.com/realcrime.

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Detective Velasquez (23:23)

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