Lords of Death: Episode 7 | Runaway Train
Released December 23, 2024

Introduction

In Episode 7 of Lords of Death, titled "Runaway Train," host Thrasher Banks delves deeper into the complex and harrowing case surrounding the 1995 murder of Cindy Kozad in Dayton, Ohio. This episode meticulously unpacks the legal battles, personal testimonies, and lingering questions that continue to haunt those involved. Against the backdrop of the 1980s and '90s satanic panic, the narrative explores themes of memory, perception, and the elusive quest for truth.

Background of the Case

The murder of Cindy Kozad in Triangle Park became a high-profile case that implicated two men: Timothy Terrell and Mick McWhirter. Both were arrested and charged with the brutal killing, which involved a series of gunshots that left Cindy partially clothed in a picnic shelter. The case drew significant media attention, setting the stage for a prolonged legal battle that would test the resilience of everyone involved.

The Trials of Timothy Terrell and Mick McWhirter

Timothy Terrell's Trial

Timothy Terrell's trial began in March 1996, with prosecutors presenting an overwhelming case against him. The prosecution's narrative was built around Terrell's written confession and the physical evidence linking him to the crime. As Carl Goreleski, Terrell's attorney, explains:

"[16:03] Carl Goreleski: But anytime you have more than one person charged in an offense, you run the risk of running into a situation in which the police have already played one person off against another. ... Tim was not a rookie in terms of facing the force, the course of tactics that police employed back then."

Despite the formidable evidence, Goreleski pursued a defense strategy that questioned the legality of Terrell's police interviews and alleged violations of his constitutional rights. However, delays in the legal process led to motions to dismiss based on the right to a speedy trial, ultimately resulting in Terrell facing the jury.

Mick McWhirter's Trial

Mick McWhirter's trial followed shortly after Terrell's conviction. Unlike Terrell, Mick's case lacked direct evidence linking him to the murder. His defense, led by Chuck Smiley and Isabel Cerrose, aimed to portray Mick as a man coerced into involvement by Terrell. As Isabel Cerrose recounts her initial reluctance to engage with the case:

"[06:21] Isabel Cerrose: We spent an evening in her office talking about the case and smoking a few too many natural American spirits. ..."

The defense strategy hinged on demonstrating that Mick acted under duress, fearing for his family's safety. This approach sought to humanize Mick and cast doubt on the prosecution's assertions.

Defense and Prosecution Strategies

Prosecution's Approach

The prosecution against both Terrell and McWhirter relied heavily on eyewitness testimony, confessions, and physical evidence. For Terrell, the cornerstone was his written confession and the blood evidence linking him to the scene. Similarly, in Mick's case, although lacking direct evidence, the prosecution presented testimonies from witnesses, including Thrasher Banks' mother, Carrie Shields.

"[22:46] Carl Goreleski: ... Ms. Shields testimony was inherently suspicious by virtue of her relationship with the co-defendant. ..."

Defense's Approach

For Terrell, the defense challenged the prosecution's methods, questioning the legality of his interrogations and seeking to suppress evidence obtained through potentially coercive tactics. In Mick's defense, the focus shifted to portraying him as a victim of Terrell's intimidation, emphasizing his fear for his family's safety.

"[10:37] Chuck Smiley: Tim is a scary dude, but Mick was not really open going deep into what made him fear Tim. ..."

Key Testimonies and Witnesses

Carrie Shields

Carrie Shields, Thrasher Banks' mother, served as a pivotal witness for both defendants. Her testimonies were crucial in shaping the narratives presented in court. Initially cooperating fully with law enforcement, her role became increasingly contentious as she found herself in the middle of both trials.

"[12:02] Carrie Shields: ... Matt Heck and I, we ended up getting into quite the argument because he just kept saying that I knew more and that I was hiding stuff. ..."

Juror Insights

To provide a unique perspective, Thrasher Banks interviewed a juror from Mick's trial. The juror's recollections highlighted the complexity and emotional weight of deciding another person's fate based on the presented evidence.

"[27:28] Juror: ... The story we heard from the prosecution is the story we're hearing from the defense. ..."

Verdicts and Sentencing

Timothy Terrell

The prosecution's robust case led to Terrell's conviction, resulting in a 15 to life sentence. Despite his attorney's efforts, the overwhelming evidence and strategic prosecution made the conviction inevitable.

"[24:39] Thrasher Banks: The Dayton man involved in the murder of a prostitute last summer has been found guilty. Timothy Terrell has been sentenced to life in prison for the shooting death of Cindy Kozad in triangle park last June."

Mick McWhirter

Mick McWhirter's trial was more contentious. Despite the defense's efforts to portray him as coerced, the jury found him guilty of murder, sentencing him to 30 years to life.

"[43:37] Thrasher Banks: As the jurors re-entered the courtroom, the reality of the situation took hold. Their decision meant that Mick could end up in prison for the rest of his life."

Aftermath and Lingering Questions

The convictions of Terrell and McWhirter left many questions unanswered. Thrasher Banks, driven by his discovery of the memory box and the ensuing investigation, continues to seek the truth behind the murders and their possible connections to other unsolved cases.

"[47:14] Thrasher Banks: I understand why Isabel feels this way. ... But as I dug through the remaining contents of the box, I found something that would bring more clarity to the situation than ever before."

Concluding Insights

"Runaway Train" underscores the intricate interplay between legal strategies, personal testimonies, and the pursuit of justice. It paints a vivid portrait of a family caught in the whirlwind of a high-stakes murder trial, highlighting the emotional and psychological toll on those involved. As Thrasher Banks continues his quest for truth, the episode leaves listeners contemplating the fragility of memory and the complexities of human perception in unraveling the mysteries of the past.

Notable Quotes

• Thrasher Banks [00:08]: "Oh no, not before the holidays. Getting a cold is on no one's wish list."
• Carrie Shields [02:27]: "From the time that the murder happened until the time of trial, I cooperated 100% with the police and detectives."
• Chuck Smiley [05:25]: "Charles was cool about it. He was."
• Carl Goreleski [22:46]: "Ms. Shields testimony was inherently suspicious by virtue of her relationship with the co-defendant."
• Juror [27:28]: "The story we heard from the prosecution is the story we're hearing from the defense."
• Mick McWhirter [35:57]: "I blame myself so much for that. I wish to hell I never gave in to him on that."
• Juror [39:43]: "The question wasn't, was he telling the truth or was he afraid? The question was, were his actions directly engaged in the actions that resulted in this woman's death?"
• Thrasher Banks [45:38]: "It was my understanding that Carrie would be arrested and the kids would be put in Children's Services if I didn't cooperate with the investigation."

Final Thoughts

Runaway Train serves as a poignant exploration of a family entangled in a web of legal battles and personal turmoil. Through meticulous storytelling and in-depth interviews, Thrasher Banks sheds light on the enduring impact of Cindy Kozad's murder on those left behind. As the investigation progresses, listeners are invited to reflect on the nature of justice, the reliability of memory, and the profound quest for truth that defines the human experience.