Loading summary
Transcript107 lines
- [00:00]
Advertiser
I'm no designer, but I know my brand inside and out and I know a generic looking website when I see one. Wix Harmony has blown me away. It's a website builder that lets me switch back and forth between using AI and hands on editing tools so I can create a website exactly the way I pictured it. I even get a personal AI agent that's an expert in web design and helps me out. Try it out for free@wix.com Harmony that's wix.com Harmony Noble is a training brand
- [00:29]
Britt
built for everyday life and the All Day Knit is their most flexible shoe with a breathable knit upper. It's designed to move with you from workouts to long days on your feet to commuting or travel. Noble is offering 35% off your first order. Visit no b u l l project.com and use code nobleaudio for 35% off your entire first order.
- [00:51]
Advertiser
Avoiding your unfinished home projects because you're not sure where to start. Thumbtack knows homes so you don't have to don't know the difference between matte, paint, finish and satin or what that clunking sound from your dryer is. With thumbtack, you don't have to be a home pro, you just have to hire one. You can hire top rated pros, see price estimates and read reviews all on the app Download today.
- [01:11]
Ashley Flowers
Hi crime junkies. I'm your host, Ashley Flowers.
- [01:14]
Britt
And I'm Britt.
- [01:15]
Ashley Flowers
And the story I have for you today, I'm going to warn you, it's going to be hard to hear. But when people don't listen to the tough stuff, that is what lets a system that doesn't protect kids perpetuate. So I beg you to hear today's story about a first grader found unresponsive in his own home in Grand Prairie, Texas. The explanation his stepfather gives is that he got trapped inside a toy chest and just couldn't get out, couldn't breathe. But when that theory is put to the test, it doesn't add up yet. No one has been held responsible for this young boy's death. So his father is making sure that no one forgets his son's name. This is the story of Joseph Jojo King iii. Joseph King Jr's world collapsed a few weeks before the rest of us were rocked by lockdowns and a global pandemic. It was February 23, 2020, when his phone rang just before midnight. No good call comes at that hour. So he was bracing himself when he answered, but there was nothing that could have prepared him for what was said his six year old son, Joseph King III. His JoJo was unconscious and at the hospital. Now there wasn't much more information for him at that time. This is all pretty recent, but he dad lives in Georgia and JoJo lives with his mom and stepfather in Texas. So he needs to get on the first flight out to be with his son. Joseph is in knots as he makes the trip and he still doesn't know much. I mean he had just FaceTimed with his son the day before. He was perfectly healthy and happy, pumped about starting baseball. Like how could this possibly be happening? How could he be in the hospital now? Now when he finally arrives at Children's Medical center in Dallas that next morning, it is even worse than he imagined. Jojo is not just unconscious, he is on life support. Doctors say that he suffered a brain injury from lack of oxygen, likely from being stuck in a toy chest where his stepdad found him.
- [03:52]
Britt
Like a toy box thing, like he climbed in and accidentally got stuck.
- [03:56]
Ashley Flowers
That is what his stepdad is saying. Brandon Hale, the stepdad says that he was home with Jojo when it happened. Jojo's mom Jessica basically left for a baby shower at around 2:30pm and then at some point that afternoon, Brandon took this short nap. But he was woken up not too long after, just before 5 o' clock because he got a text from his wife reminding him to give Jojo his medication. So he said he searched the townhouse and he couldn't find Jojo anywhere. So he even text Jessica back like five minutes later asking if JoJo was
- [04:27]
Britt
with her, which doesn't make sense because she's not going to text you about giving him medicine if she has him.
- [04:32]
Ashley Flowers
I don't know what he was thinking, but no, he is obviously not with mom. So then Brandon went downstairs to check the front door, make sure that JoJo didn't leave while he was sleeping. But he saw that it was still locked. So he goes back upstairs and for some unknown reason he decided to check in the toy chest in Jojo's bedroom. And there he was, not breathing. Now Jojo's dad, Joseph is standing there beside his son's hospital bed listening to Brandon's explanation. And to him something just doesn't sound right. And he's not just thinking that as a dad, he's thinking that as a detective. Because Joseph just so happens to be a homicide detective in Atlanta. And hearing that his son was home alone with Brandon when something went down immediately sets off alarm bells because he knows something you don't let me rewind almost a year back to March of 2019. One day, JoJo showed up to school and he couldn't sit down. Teachers noticed that he had a bit of a limp as well. So they like pull him aside. And what becomes visible up close is that there are multiple loop shaped bruises across the backs of both of his thighs. When they ask him about it, JoJo tells them that his, his dad, meaning his stepfather, Brandon, beat him with a belt. So police came, they responded, and the Texas Department of Family Protective Services, which is dfps, they opened an investigation. Brandon admits that he used a belt, and it sounds like he and Jessica both describe using some forms of corporal punishments as discipline. But DFPS ends up ruling, reason to believe, for physical abuse.
- [06:22]
Britt
That's officially documented then.
- [06:24]
Ashley Flowers
Oh, yeah. Reason to believe means that DFPS determined abuse did occur. And so Brandon gets indicted for injury to a child. But here is where it gets complicated. Joseph, Jojo's biological father, living in Georgia, isn't notified about any of this right away, even though he had been active in his son's life. He saw him over summers and during holidays, talked to him nearly every day. But as soon as he does find out, he told our team that he started trying to get custody. I mean, he goes right to DSPs, the very people who say that they have reason to believe that this young boy is being abused in his home. But he says that they told him they don't remove children in situations like
- [07:08]
Britt
this, in situations like this with abuse.
- [07:13]
Ashley Flowers
That's what they said. So he tried going through family court, he tried going to detectives at Grand Prairie pd, but they point him right back to dfps. So as kind of a last resort, a way to protect his son from far away, he applied for a protective order on behalf of JoJo. But according to him, a judge wouldn't sign it because JoJo lived in the same home as the person that he was asking for him to be protected from, AKA Brandon.
- [07:41]
Britt
Domestic abuse happens in the home all the time. Like that's what domestic means. I know. Isn't even logical.
- [07:49]
Ashley Flowers
I know.
- [07:50]
Britt
So basically, if Joseph wanted to get JoJo out of that home, the really only option that they left him with is to kidnap JoJo, and they'd have to go on the run because he'd be a fugitive as the non custodial
- [08:02]
Ashley Flowers
parent, which is not much of an option, is it? And Britt, this is the part that that stays with him. Joseph said that he remembers literally asking officials, does my son have to die for someone to help us. That question now echoes in the ICU too, because the man who admitted to striking his son with a belt is the same man who was home alone with him when he stopped breathing. And he's able to stand there in that hospital on that day in February 2020. Because even though DFPS said that they had reason to believe Brandon abused JoJo, In 2019, they closed the case, documenting that the risk level was low. He got four years deferred adjudication, probation. Translation, no formal conviction. As long as he complies with his probation, that is zero jail time. So the fact that Brandon was home alone with Jojo back living in the house with him at the time that this happened, apparently all of that is by the books as far as the court and DFPS were concerned. Doctors explained that Jojo's brain had suffered severe swelling from prolonged lack of oxygen. They tell Joseph the next 48 to 72 hours are going to determine everything for Jojo. But all he can do now is wait. But as he waits, he can't help replaying his question, does my son have to die for someone to help us? And he's also replaying the story he heard from Brandon. And the more times it loops in his brain and the more information he starts collecting from doctors and from police, the less Brandon's story makes sense to Joseph the dad and Joseph the detective.
- [10:05]
Britt
You know the deal when it comes to building a wardrobe, the options haven't been too hot. Fast fashion falls apart after a few washes, and luxury means overpaying. Quince flips the script with elevated basics that feel effortless and are perfect for layering, mixing and matching. From 100% organic cotton sweaters and comfy stretch denim to luxe cashmere and 100% European linen, everything's made with top materials and thoughtful details. The stitching, the fit, the fabrics. These are pieces you'll reach for over and over. Quince works directly with ethical factories, skipping the middleman so you get premium without the markup. Refresh your wardrobe with quince. Go to quince.com crimejunkie for free shipping on your order and 365 day returns. Now available in Canada too. That's Q-U-I-N C-E.com crimejunkie to get free shipping and 365 day returns. Quince.com/crimejunkie if you've ever thought about updating your windows but dreaded waiting all day for some in home designer to show up just to get slapped with an overpriced quote, you're in luck. That's why I'm so excited about blinds.com they are the inventors of a better way to shop for custom window treatments. You can do it all 100% online. Browse tons of styles from classic blinds to bamboo shades, shutters, even outdoor options for your patio. Build a quote in minutes, order free samples sent right to your door to check out colors and textures, or hop on a virtual consultation with an expert. All according to your schedule. And here's my favorite There are no high pressure sales, no markups, and they still offer professional measure and installation if you want it handled by the pros. With three decades and 25 million window dressings under their belt, blinds.com backs everything with a 100% satisfaction guarantee. Right now, blinds.com is giving our listeners an exclusive $50 off when you spend $500 or more. Just use code crimejunkie at checkout for this limited time offer. As always, rules and restrictions apply. See blinds.com for details.
- [12:06]
Ashley Flowers
From the very start, the timeline Brandon gave seems shaky to Joseph. Initially, the story that Brandon told made it seem like he just took this quick little cat nap, like 30 minutes or so. But that doesn't make sense to Joseph. The doctor told him JoJo was like that because of prolonged lack of oxygen.
- [12:25]
Britt
Right?
- [12:26]
Ashley Flowers
Now, conveniently, Brandon's story morphs over time. That 30 minute nap changes to I don't know how long it was to eventually saying that he was sleeping nearly the entire afternoon while he was supposed to be supervising JoJo. And then there is this whole weird thing with CPR. At first Brandon's story was that he pulled JoJo from the chest, performed CPR and called 911. But Joseph finds out that when Brandon called 911 at 4:58pm the dispatcher had to tell him to put JoJo on the floor and begin compressions. But when she has spoken to she says from what she could tell over the phone or whatever, it didn't seem like he was actually doing it. And when EMS arrived by 511 they documented that he is not doing CPR compressions. First responders find Jojo not breathing without a pulse while Brandon is just screaming God no. And crying, rocking, hitting the wall.
- [13:26]
Britt
Which could just be panic though.
- [13:28]
Ashley Flowers
Sure. But how about this? As far as we know, nowhere in Brandon's story does he offer up an explanation for why JoJo is wet. And I'm not just talking like sweaty from being stuck inside a constricted space for a long time, wet from his Nose all the way down to his hips. And police also document a wet towel in the bathroom. And the bed is wet.
- [13:58]
Britt
I mean, how wet are we talking here?
- [14:01]
Ashley Flowers
I don't know exactly, because as of this recording, we haven't gotten any photos or body cam footage from the Grand Prairie Police Department in response to our foia. But I will say at least some of the wetness, at least the. Some of the wetness on JoJo himself is urine. Because responding officers say that he smells of urine, which makes sense to me. I mean, especially for a little kid trapped in any way or dying. Like your body is panicking or as you, like, lose consciousness, you sometimes can lose control of bodily functions. But the reports don't fully explain why that other stuff would be wet. But in Brandon's version of events, none of this makes sense anyway, because even if JoJo lost control of his bladder and all of the wetness on him was urine, that would probably happen when he's in the chest, right?
- [14:49]
Britt
Yeah.
- [14:50]
Ashley Flowers
Like, there's nothing mentioned in Brandon's statement, like, oh, JoJo had just taken a bath earlier. It wasn't like, oh, I knocked over water while trying to save him. It was just, he was in the toy chest, like, full stop. And it doesn't even appear like he tries to address the wetness stuff.
- [15:03]
Britt
So putting the wetness aside for a sec, Saint Brandon really is napping and JoJo is getting himself and other things wet for, like, whatever reason. I've had a first grader, I have a second grader. There are wildness that happens. The thing I'm having a hard time understanding is that if he accidentally goes in the toy chest, why can't he get himself out? Like, he's six. Like, he's not like a baby or even a little toddler.
- [15:29]
Ashley Flowers
So it does seem with this specific toy chest, that if it shuts, that it would automatically lock. So, like, he wouldn't have been able to open it back up on his own from the inside. You can only do that from the outside. But to your point, like, I'm still trying to figure out why he couldn't have gotten help even if that. I mean, we know that's like, that's how it worked. But even if that's what happened because Joseph, he's like this big, athletic kid, you would think that he would at least be able to bang, yell, scream, make some noise. And this isn't a huge town home or anything. I mean, like, I. I know Brandon's sleeping. I don't know how hard of a sleeper he is. And he's, you know, out for maybe some or all of the afternoon. But another thought that crossed Joseph's mind is that maybe JoJo had been incapacitated in some way. Now, the suggestion that Joseph said his ex Jessica, kind of threw out there was that maybe JoJo had jumped from the bed, hit the chest, the top, like, slammed shut, and then he got knocked out or something somehow.
- [16:35]
Britt
Already feels kind of improbable.
- [16:38]
Ashley Flowers
Yeah. And it doesn't line up with his known injuries. According to Joseph's doctor, they tell him there doesn't seem to be any significant head injuries that would explain Jojo's, like, falling unconscious. And there was no obstruction blocking his airway either, as if he had choked on a small toy or something while he was in there that, like, kept him from crying out for help.
- [16:57]
Britt
So I don't know. It's worse thinking of him, like, trapped in there unconscious, or trapped in there, like, crying to get out, and no one's helping him.
- [17:05]
Ashley Flowers
The same question echoes, right. Does my son have to die for someone to help us? This is not really a question that you want to get an answer to while your son is on life support. But days pass, the swelling in Jojo's brain doesn't go down, and he never regains consciousness. On February 27, 2020, doctors pronounced JoJo dead. Joseph made the decision to donate his son's organs when he died because it is the only thing he can do that makes him feel like some ounce of good could come out of something so horrific. And then after that, he went to work for his son because the autopsy that was performed came back as manner of death undetermined, with the cause of death listed as global hypoxic encephalopathy. And they say it was due to smothering with absence of oxygen following prolonged entrapment in a sealed toy chest.
- [18:06]
Britt
That sounds like tragic accident territory.
- [18:09]
Ashley Flowers
Maybe in the wrong hands, I think it would be. But Joseph isn't gonna just walk away because of an undetermined ruling. He claims that he had to push for Grand Prairie PD to have a different detective put fresh eyes on his son's case. And thank God he did. And thank God they listened, because as part of this fresh look, they actually decide to test the Emmys, ruling that whole part about lack of oxygen because he was in a sealed toy chest. Because was it even sealed?
- [18:45]
Britt
Wait, I thought they already checked that. And, like, they know it locks if it shuts. Like, automatically.
- [18:50]
Ashley Flowers
They know that it automatically locks if it shuts. But by the Time of Jojo's autopsy, it doesn't seem like anyone had actually tested whether or not air could flow through when it was shut and locked.
- [19:05]
Britt
Locked versus, like, airtight.
- [19:07]
Ashley Flowers
And guess what? They test this thing by putting a light inside. And light shines through the cracks, which means if light can get through the
- [19:16]
Britt
cracks, that means air has got to
- [19:18]
Ashley Flowers
be able to pass through too precisely. So it was not sealed like the autopsy said. Then while investigators are at it, they also try to recreate the scene. They use a mannequin similar in size to Jojo. And this thing barely fits inside the chest at all because the chest wasn't empty when Brandon says he went in there. There were toys inside of it. Specifically, there was this large Batman doll that took up a significant amount of space. So with all of this new info, the medical examiner actually goes back to amend the report. In non medical jargon, it now says that Jojo died from lack of oxygen, but they just can't say how.
- [20:03]
Britt
Undetermined.
- [20:04]
Ashley Flowers
Still undetermined. But there is one more addition to this report that makes Joseph stop cold in his tracks and just have this, like, almost like I freaking knew it moment, right like this aha moment. And here, Brett, I'm actually just gonna have you read it, because you'll know exactly what he was feeling.
- [20:26]
Britt
Responding officers reported the decedent was wet when they arrived on the scene, and there was concern for possible homicidal drowning.
- [20:35]
Ashley Flowers
Now, it's not a ruling, just a concern for homicidal drowning, but it's concern enough for investigators to reassess everything, to go back to the drawing board and to try and figure out if JoJo didn't die from being trapped in a toy chest, then what really killed him? Joseph couldn't be side by side with investigators as they work to find the answers. They had to keep him at an arm's length to protect their investigation. So he would have to wait until 2023 to hear any other possible theory about what could have happened to his son. Now, this time, Joseph is back in Texas, not at a hospital, but in a courthouse in Tarrant County. That is where Brandon is going before a judge, and he's not going before a judge for murder charges. This isn't a trial. This is a hearing to determine whether he violated his probation.
- [21:34]
Britt
What?
- [21:35]
Ashley Flowers
He was still on probation for the 2019 belt incident when JoJo died in 2020. So basically, prosecutors believe that when this happened in February of 2020, that that violated the probation from that, like that incident.
- [21:48]
Britt
But this is 2023. It took them three years to get to court on this.
- [21:53]
Ashley Flowers
I don't know why it took so long. Detectives and the DA's office didn't talk to us for this episode. But remember, I mean, it did take a different detective digging into this case to even get some of these answers. So I assume that took some time to get sorted. Then Joseph thinks maybe because the manner of death was undetermined, I don't know, like at some point, like they probably just figured that a probation violation would be much easier to get this guy on. Like, okay, like let's all try to put him away for some time for something. Yeah, but the easy thing is not always the right thing. And being in law enforcement himself, Joseph says that he is certainly surprised that they didn't go for more by the time 2023 rolls around, because once he hears what it is that they presented under oath, he is even more sure that his son did not die in the way that Brandon claimed
- [22:50]
Britt
Pineapple on Pizza one topping, seven toppings Pan or hand tossed whatever it is, Domino's has something for everyone. And for a limited time, Domino's Best Deal Ever is back. It is the perfect deal for all those topping lovers out there with Domino's Best Deal Ever. You can get any pizza with any toppings for just $9.99. Plus it makes dinner easy. After a long day of work, dinner isn't something you want to have to use your brain for. Deciding on dinner can get so overcomplicated, especially when navigating those picky eaters in the family. Domino's Best Deal Ever makes it simple because no matter the size or toppings combinations you choose, it's all the same. Great price $9.99. The whole family will thank you. Could you imagine what a seven topping pizza might cost someplace else? And I'm going to be honest, I'm kind of a gremlin when it comes to pizza toppings. For myself, my favorite order is pretty simple. Onions. I love an onion pizza. Judge away, but do not miss out on Domino's Best Deal Ever Load up all your favorite toppings on your favorite crust for just 9.99. Create your best pizza ever at Domino's.com Prices higher in some locations. Select this online only offer from February 23rd through April 6th. Size availability varies by crust type. Max 7 toppings 6 for New York style and pan crust. Stuffed crust is extra excludes extra large and specialty pizza. Minimum purchase required for delivery prices, participation, delivery area and charge may vary.
- [24:10]
Advertiser
If you want to make an impact, you set an example. You take the lead, you adapt with intention, and when you move with that kind of purpose, you drive a vehicle that does the same. The Range Rover Sport With a design that's distinctly British, it blends power, poise and performance, delivering a drive that feels as refined as it is responsive. Defining modern luxury, the Range Rover Sport features the latest innovations in comfort and convenience from the air cabin purification system to active noise cancellation, creating a quieter, more controlled experience. Built with raw power and agility, the Range Rover Sport responds with precision. 7 terrain modes powered by terrain response 2 fine tunes performance to meet challenging roads ahead, choose from a range of powerful engines, including a plug in hybrid with an estimated range of 53 miles. Like you, the Range Rover Sport was designed to make an impact. Build your Range Rover Sport@rangerover.com USSport Noah
- [25:10]
Britt
Bull is a training brand built for everyday life and the All Day Knit is their most flexible shoe. With a breathable knit upper, it's designed to move with you from workouts to long days on your feet to commuting or travel. Noble is offering 35% off your first order. Visit n o b u l l project.com and use code nobleaudio for 35% off your entire first order.
- [25:34]
Ashley Flowers
At this hearing, the state doesn't have to prove anything beyond a reasonable doubt. They just have to convince the judge that Brandon committed a new offense while on probation. That's it. And to do that, they walk through the evidence again. Some of the same things that Joseph heard before. Information regarding questionable timeline, the possibility that life saving measures weren't attempted despite instructions from 911 to do so, and Brandon's own statement that he did. Now Brandon ends up testifying that he did give breaths and compressions with one hand, but then later he reportedly stated that he felt Jojo was already dead and didn't really see the point. So again, statements don't quite line up. But then comes the new stuff. And it all mainly focuses on the weirdest and most glaringly strange part of this case. The fact that Jojo and some parts of this scene were wet. Now the initial responding deputy takes the stand and we finally get details about what he witnessed in the bathroom. He saw that the toys in the bathtub were wet and there is a towel at the base of the toilet that is wet too. Now, based on the floor plan of this place, it looks like the toilet is right up next to the tub. And while there's no way to tell how the things in the bath got wet, what he does notice is that the toilet bowl itself, like the water in it, it appears like it's half full, as if an object had been placed into it. That's the language that he uses.
- [27:10]
Britt
An object like the toys.
- [27:13]
Ashley Flowers
I don't know if they were ever in the toilet, but I think it would have taken something larger to displace half the water in the toilet. And I don't think it takes Sherlock to see what he's trying to suggest here, based on how he describes Jojo. Now, remember, he says that Jojo is wet from the nose down to his hips. The wetness isn't around his whole body. Apparently. It is just this strip down the front of him.
- [27:41]
Britt
Is he saying that JoJo was somehow, like, dunked in the toilet or.
- [27:46]
Ashley Flowers
No, he is just saying what he saw. The toilet water is displaced and he is wet down the front of him. Now, Brandon's wife, Jojo's mom, Jessica, testifies that if the towel and the tub toys were, like, wet, it might have been from a bath the night before. But Joseph usually bathed between 6 and 8pm this was nearly 24 hours later.
- [28:12]
Britt
Okay, we haven't really talked about Jessica that much. Where does she stand in all of this? Like, is she siding with Brandon?
- [28:19]
Ashley Flowers
Well, in a DFPS document that we have, it states that Jessica and Brandon got got an attorney and refused to cooperate with DFPS or law enforcement following Jojo's death. Or at least like, at the time that this document was prepared. And honestly, from what we can tell, yeah, she seems to still be with Brandon and supporting him. Her belief appears to be that this was all a very terrible, tragic accident. And Jessyca faces no charges related to her son or his death. Now, we tried to reach out to her for this episode, but she declined to participate. And in fact, she made it clear that she didn't want this story to be told at all.
- [28:55]
Britt
Interesting. So say the bath and the toys and the towel were all still wet from the night before when he took his bath and not something that happened in the bathroom on the 23rd. Is it possible that the wet strip down the front of his body was from Jojo peeing himself? Like, if he was kind of upside down in the chest or something, it might have, like, run up his body, like, while he was upside down.
- [29:20]
Ashley Flowers
So I see what you're saying, but I can actually tell you for sure that's not what happened. I mean, a then we would be going back to saying that the toy chest, like, is sealed and suffocated him, which we now know that's not irritable. But B, at the hearing, we get this strange detail that comes out. There was no documented moisture or smell of urine in inside the actual toy chest. And when they later tested the Batman stuffed toy that was in there, it did not show residual traces of urine either.
- [29:52]
Britt
Ashley, was he ever in the toy chest at all?
- [29:56]
Ashley Flowers
This is the question, Britt. I don't see any proof of that. I mean, we have urine present. It sounds like we also have some
- [30:04]
Britt
water present, but not in the toy chest.
- [30:07]
Ashley Flowers
None of this is in the chest, which is the crux of Brandon's horror. Whole story.
- [30:11]
Britt
Yeah.
- [30:11]
Ashley Flowers
And let me tell you one more thing that, for me, like, this thing is what really painted a picture. When the responding deputy testified on the witness stand about the bed, he said that when he pulled the covers back, he found that it was wet in the middle about where JoJo's bottom would have been if he was laying on the bed.
- [30:35]
Britt
Just that area?
- [30:36]
Ashley Flowers
Yes. From what I can tell, that's what he's saying. Now, the thing I don't know for sure is if that wetness was water or urine and if that wetness happened before or after the toilet bowl losing water.
- [30:51]
Britt
Right.
- [30:52]
Ashley Flowers
Like, did Jojo have an accident and then whatever happened after that was prompted by that accident?
- [31:01]
Britt
Or did something happen in the bathroom and then he was put or went to bed?
- [31:07]
Ashley Flowers
I thought the front of him is what he wet, as if his. In my mind, as if his face were pushed into the bowl of water and then the water ran down the front of him when he was pulled out.
- [31:18]
Britt
The thing I don't get, though, is if he had drowned, wouldn't that be in the Emmys report? Like, that's pretty cut and dry. I know there was like a what, quote unquote, concern for homicidal drowning, but drowning is cut and dry. Like, was there water in his lungs or was there not?
- [31:37]
Ashley Flowers
It's cut and dry when someone immediately dies from drowning. This one is complicated because of the fact that JoJo didn't die right away.
- [31:45]
Britt
Right. He was in the hospital for days.
- [31:48]
Ashley Flowers
During this hearing, the medical examiner testifies that there was water present in Joseph's airways, but that doesn't necessarily mean drowning because Joseph had been on a ventilator for several days before he died. And the ME Testified that fluid in the airways can be consistent with prolonged ventilator use. So according to this ME, There is just no way to narrow down the list by testing for drowning in cases like this, which means the autopsy can say asphyxia, meaning he couldn't get oxygen. It can say that there is a concern for something, but it can't say how the oxygen deprivation happened. Now, the state's argument is that if the toy chest theory doesn't work and drowning can't be ruled out and there is no trauma, then the only explanation left is that someone caused the asphyxiation, and the only someone in that house was Brandon. But the defense argues that it was an accident inside the toy chest.
- [32:54]
Britt
How are we still talking about this toy chest? Like, it feels, I guess, irrelevant at this point.
- [32:58]
Ashley Flowers
I guess because the ruling is undetermined and maybe. Maybe because this idea about a kid dying by being locked in a toy chest didn't just come out of thin air for this case. I mean, I did a quick Google search, and there are stories of children, mostly younger than JoJo, getting stuck in toy chests. And I think it's a lot of these, like, old chests that are often passed down like family heirlooms. And they obviously don't pass, like, modern safety checks or anything like that.
- [33:24]
Britt
I have a chest like this in my room that has, like, blankets in it, but, like, it shuts, it locks. If you were inside, you couldn't get out. I can see it, but, like, that's not what JoJo was in.
- [33:33]
Ashley Flowers
Well, that's what I'm saying. It's important to note that at this hearing, they established that the cedar chest in JoJo's room was not even originally designed as a toy chest. It's kind of like what you're saying you have. It was, like, this vintage Lane Cedar Hope chest thing manufactured decades ago, like, 1956. And to be fair, like, over the years, certain Lane Cedar chests with, like, automatically locking lids had been subject to recalls. Children had gotten trapped inside them. Sadly, some had even suffocated. So, historically, this is not unheard of. And at first glance, sure, like, if similar chess had trapped children before, it makes the story feel plain, plausible. But there is the nuance that, like, comes out in court testimony clarified that this specific chest, the one that they're saying JoJo might have gotten trapped in, it was not confirmed to be part of any recall. So it's not like investigators found a recall sticker or a defect notice, like, tied to this exact chest. And remember, even if JoJo had been locked inside the chest, I was just
- [34:33]
Britt
about to bring up, like, the chest is not. It's a low point. It's not airtight. Like, air passes through.
- [34:39]
Ashley Flowers
So, exactly. It is irrelevant to me if other kids died in similar chests. A kid could not die in this one chest. There was no gasket or seal that would make it airtight. And that is where the state lands. They're not arguing that toy chest accidents have never happened.
- [34:57]
Britt
Right.
- [34:58]
Ashley Flowers
They're arguing that this specific one does not explain the scene that they're presented with. Because if the chest isn't airtight, if the mannequin barely fits in it, if there is moisture elsewhere and not in the chest, then the explanation changes. After days of testimony, after the timelines dissected, the CPR thing, the wetness, the toy chest testing, and amended autopsy are all laid out in that courtroom. It's time for the judge to rule. And remember, this is not a murder trial.
- [35:31]
Britt
I was just like, having to, like, pull myself back to be like, what is even the verdict here? Because it's just a probation here.
- [35:38]
Ashley Flowers
This is the judge. Yeah. Isn't being asked to determine exactly how Jojo died. He is being asked one thing. Did Brandon Hale violate the terms of his probation from the 2019 injury to a child case by committing a new offense in February of 2020? That's it. And if he did, then his probation is revoked. In December of 2023, the judge makes his decision, and he finds that Brandon did violate the terms of his probation. His deferred adjudication from the 2019 belt incident is revoked, and he's formally found guilty in that original injury to a child case. So he gets sentenced to 10 years in prison, not for murder, but for the 2019 abuse. And that is the only conviction connected to Jojo's case.
- [36:34]
Britt
He had to die for someone to help him, and then they didn't even hold anyone accountable for his actual death.
- [36:42]
Ashley Flowers
Listen, our team reached out to both Brandon in prison and his attorney for comment, but as of this recording, we have not gotten a response. And we also contacted the Tarrant County District Attorney's office for clarity about whether additional charges would ever be pursued. They did not give us an answer, but we had our legal team look into this, and they confirmed that the DA could bring new charges against Brandon Hale anytime they see fit. It wouldn't even necessarily require new. New evidence. DFPS did provide us with public records, but they didn't answer our specific questions about why JoJo's original case went the way it did. I want to know why he was allowed back in that home. How did a six year old boy die from lack of oxygen inside his own home while he was alone with the man who admitted to beating him with a belt? And how did this happen less than a year after the system had already substantiated abuse. There's been a resounding word throughout this entire episode. Undetermined. Undetermined cause. Undetermined manner. Undetermined answers. There is one thing that was never undetermined. JoJo mattered. He mattered to his dad, his real life superhero, who he wanted to be like when he grew up. And he mattered to the little girl who got to live more life and spend precious final moments with her family because of his organ donation. And he mattered to the people who saw him every day at school, to the janitor who came to visit him while he was in the hospital. Because he said that JoJo never just walked by him like the other kids. He always stopped and gave him a hug. He made him feel special. That's who JoJo was. For dad, Joseph, this was never just about a probation violation. It was about protection. Now, instead of letting his grief swallow him into silence, it propels him forward. He tells JoJo's story publicly any chance he can get. Not because it's easy, but because it's necessary. He speaks to other law enforcement officers about what went wrong, about what might have been done differently, how to keep this from happening to another child, another family. He fights for accountability because he knows what it feels like to beg for help and to not be heard. I got on FaceTime with my family and let all my family say goodbye to him in the hospital room. And then when I hung up, I walked over to him and I leaned over and I whispered in his ear. I said, don't worry, Daddy got you. He gonna find out what happened. If you're hearing JoJo's story and you are feeling strongly that you need to do something, you can call the Tarrant County, Texas District attorney's office at 817-884-1400. Tell them that you want them to take another look at this case. Tell them that you want justice for Joseph JoJo King III. You can find all the source material for this episode on our website, crimejunkie.com
- [40:15]
Britt
and you can follow us on Instagram at crimejunkiepodcast.
- [40:18]
Ashley Flowers
We'll be back next week with a brand new episode. And stay stick around because we've got the good segment coming.
- [40:45]
Britt
Okay. Jimber. Last month, good segment. The Nina Effect.
- [40:49]
Ashley Flowers
Yes.
- [40:50]
Britt
So after that I had to kind of. I saw this one, I had to do it. It's like the audio tuck effect, I think. I think you're really gonna like this one. Hi, Ashley and Britt. I'm writing today in regards to an episode I was just listening to and it's ties to an organization I work with who is doing some amazing work in Wisconsin. I'm hoping to raise more awareness about what we do in Wisconsin as well as what similar organizations do nationwide, and to improve public safety, changing the approach to working with people with substance use disorders and the criminal justice system and changing public perception of what we are and what we do. I was just listening to the January 24, 2022 episode of Crime Junkie titled Crystal Kaiser and Cyntoia Brown. Not only does the case of Crystal Kaiser happen in the state of Wisconsin where I'm from, you also discussed why treatment courts couldn't be used as an alternative for Cyntoia Brown in her case. For the last seven years, I have worked as a case manager for an OWI DUI treatment court in Wisconsin and have been involved with the Wisconsin association of Treatment Court Professionals Board of Directors. For the last four years, I've been able to see firsthand the amazing work that goes into establishing, maintaining and working treatment courts, as well as the incredible work that participants put into these programs and changing their lives. Those that participate in Wisconsin treatment courts have reduced overdoses by 83% and four out of five remain out of the justice system post graduation. We have a variety of treatment courts from OWI to drug courts, veteran courts, tribal healing to wellness courts, family reunification courts, hybrid courts, and mental health courts. We are currently celebrating 30 years since the first treatment court was established in Dane county and we have grown to over 100 courts in 65 of 72 counties. The fact that you even brought up treatment treatment courts in your podcast truly excited me from the minute I heard the words treatment courts are changing lives and changing communities. And while some people have the perception that these courts are a get out of prison free card, they are far from it. These programs are intensive and include high level monitoring including probation case management, electronic monitoring, drug testing, court monitoring, intensive outpatient treatment support meetings. By far, treatment court is the harder choice. Prison is the easier choice. However, treatment court is the more rewarding one if the participant truly commits to the process. Treatment court teams are collaborative systems of team members including judges, prosecutors, defense counsel, law enforcement, treatment providers, probation case managers and coordinators, and sometimes peer support and prior program graduates. These are sometimes people who are typically across the table from each other who are now working together to walk alongside participants in a life of recovery. Recently, we have initiated a graduate scholarship fund in 2025 which provides $500 scholarships to graduates from the Wisconsin Treatment courts who are looking to pursue higher education or specialized training. Audiochuck and Crime Junkie has been a repeated donor to our silent auction that directly funds the scholarship fund. And audiochuck recently made a donation to our general fund courtesy of audiochuck's philanthropy director. This support has been incredible, incredibly meaningful to WATCP and myself truly as a big fan of Crime Junkie and Full Body Chills, Wisconsin isn't the only state who is looking at the justice system and substance use differently. There are quite a few states within the US who have treatment and or problem solving courts. All riselrise.org is the national organization and hub for treatment courts across the nation and the biggest resource for best practices, standards, training and news on treatment courts. I would love to appeal to you to increase the conversation on treatment courts and using treatment courts as an alternative to incarceration for those with substance use disorders and are involved in the criminal justice system. The more people know and the more people understand, the more support we can get for what we're doing. You have such a huge platform and a huge following and I appreciate the level of investigation you do into any topic you discuss. With much gratitude and appreciation for what you ladies do. Amanda Parlo, President Board of Directors for the Wisconsin association of Treatment Court Professionals
- [44:46]
Ashley Flowers
oh, a little like education. There you go.
- [44:50]
Britt
I love hearing from people who are in the trenches of these things that we talk about hearing how much just talking about these systems that I didn't know much about treatment courts and I'm like in recovery and just learning more about the system that she's working in and how effective it is.
- [45:06]
Ashley Flowers
I mean 83, that's unbelievable.
- [45:10]
Britt
Reduction in overdoses, that's unbelievable. An incredible number. And I just love this.
- [45:15]
Ashley Flowers
I also love that it comes from an episode we did years ago. I mean like obviously not our support. We've been, we've been working with them for disclosure so long.
- [45:21]
Britt
An episode that we did before I was in recovery.
- [45:24]
Ashley Flowers
Oh, very true. Yeah.
- [45:27]
Britt
And so like hearing this now that's something that like, while I was still struggling, this was effective and happening and changing lives before I even knew my life needed to change. It's really, really powerful.
- [45:37]
Ashley Flowers
Hopefully Crime Dunkies learned a little something. Crime Junkie is an Audio Chuck production. I think Chuck would approve.
- [45:51]
Britt
How did you get your website to look like that? Mine's so basic. Thanks. I just used WIX Harmony. Sounds fancy.
- [45:58]
Ashley Flowers
What's that?
- [45:59]
Britt
It's wix's AI website builder. You can just tell it what you want and it builds you a whole site. So it's like Vibe coding a website. Exactly. But even better, because you can still click and edit anything by hand. You don't have to use prompts for everything. Oh, that's neat. Yeah. Try it for free@wix.com Harmony.