B (37:30)
In January of 2000, the Camden County Sheriff's Office finally made an arrest for the 1985 murders of Harold and Thelma Swain. After 15 years, 38 year old Dennis Perry was charged with two counts of murder and taken to the Glynn County Jail in Brunswick. Perry was immediately transported to an interrogation room. But even then he didn't seem to realize the gravity of the situation. So Perry started answering questions without asking for a lawyer. The interview wasn't recorded, which was unusual, but not illegal in Georgia. Instead, an officer present took notes by hand, which meant a lot of context got lost along the way. Bundy and the other investigators asked Perry a series of leading and hypothetical questions. So the notes recorded him saying things like if he could go back and make it right, he would, and that he'd been afraid this day was coming. To his credit, Perry realized what was happening and refused to give a tape statement without a lawyer. He eventually hired one. And while Perry waited in jail, his attorneys got to work on his defense. They were going up against Brunswick District Attorney General John Johnson, who is known to always seek the maximum sentence, no matter the crime. In this case, he wasn't going to settle for a conviction. He wanted the death penalty. Years passed as both sides prepared for trial. Finally, the date was set for February 2003. Tensions rose as the date drew nearer until suddenly the DA reached out with an interesting proposal. Ten years, including time served. All Perry had to do was plead guilty to manslaughter. It was a remarkably lenient offer, especially considering who was making it. The defense saw it as a sign that the DA wasn't as common confident as he'd led on. The fight moved to the courtroom. On February 10, 2003, the state's entire case rested on the testimony of three witnesses. 69 year old Cora Fisher, 64 year old Jane Beaver, and investigator Dale Bundy. Cora was too sick to come to the trial in person, so it seemed like she'd been questioned at home. The transcript was read into the court record in front of the jury. In it, Cora came across as confused and unreliable. She seemed to remember brand new details, like how Harold had allegedly said, boy, what are you doing here? To the killer. That contradicted the many other witnesses who'd all said Harold didn't seem to recognize the killer. But the really damaging moment came when the defense showed Cora a picture of Donnie Barentine, not Dennis Perry, and asked if he looked like the killer. Cora put on her glasses to get a good look. Then she said, yes, that looked like the same man to her. After reading Cora Fisher's testimony, the state brought Jane Beaver to the stand. She had also revised her story since speaking to Bundy. Jane said Perry had told her his plans days before the murder, not weeks, as she'd originally told Bundy. She also claimed he was living with his grandparents at the time, which was flat out false. The defense pointed all of this out during their cross examination. So far, neither of the state's most important witnesses seemed to hold up well under scrutiny. And Bundy didn't fare much better when he stepped onto the stand the next day. After watching him play hero during the prosecution's questions, the defense was ready with a bombshell of their own. They produced a diagram of the crime scene that came straight from the original case file. In it, the position of every witness was clearly labeled according to this diagram, Cora's view of the vestibule and therefore the shooter had been blocked by a closed door. Bundy had never seen the diagram before that moment. That should have been a very big deal. The lead investigator just admitted to a major oversight, one that called his primary witness into question. And yet the judge didn't seem to think much of it. The trial lasted two more days. During their portion, the defense laid out all the reasons Perry had been cleared back in 1988. His alibi was strong. He didn't have a car. He didn't wear glasses. The list went on. And when it came to the glasses, the defense pointed out that the sheriff's office had lost them, along with a lot of other physical evidence from the case. When the jury left for deliberations on February 14, it seemed like the defense had successfully discredited the state's case. And yet the verdict came back at 7:30 that night. Guilty. The DA offered 38 year old Perry one last deal. He would waive his right to appeal in exchange for taking the death penalty off the table. Perry felt he had no choice but to accept. He knew he was innocent, and he didn't want to die before he could prove it. Sometime around 2004, Perry's mom, Helen, wrote to the Georgia Innocence Project, pleading for them to take on her son's case. The Innocence Project was a nonprofit that worked to correct and prevent wrongful convictions. They found Perry's story compelling and took him on as a client. But progress was painfully slow. It wasn't until 2018, 15 years into Perry's sentence, that things seemed to finally move forward. The Georgia Innocence Project reached out to the undisclosed podcast about Perry's case. The show focused on potential wrongful conviction cases and had just helped the GIP exonerate one of their other clients, Susan Simpson, an attorney and one of the hosts of the show, was immediately intrigued. A year after Simpson started digging into the case, she found something shocking. After Perry's conviction, the Camden County Sheriff's Office paid Jane Beaver a $12,000 reward. Perry's defense team was never informed about this. This was clear prosecutorial misconduct, something the Innocence Project could finally use to help Perry. The Innocence Project brought on a local law firm, and together they submitted a habeas petition on Perry's behalf. Also known as a writ of habeas corpus. It's typically filed by inmates who feel they've been wrongfully imprisoned. For 57 year old Dennis Perry, it was the first taste of hope he'd gotten in 16 years. But the podcast did a lot more good than that. Their coverage of the Swains case caught the attention of a journalist for the Atlanta Journal Constitution. His name was Joshua Sharp. Unlike the original investigators, he was certain that race was a viable motive in the killings. Out of all the suspects, the one that caught Sharp's attention was Eric Spahr. He was a known white supremacist from the area whose ex wife had recorded him taking credit for the murders. Spahr had gotten off because he had a solid alibi. But Sharp wondered if maybe there was more to the story. Agent Gregory had contacted Spahr's supervisor, a man named Donald Mobley. A year after the murders, Mobley assured him that other people recalled that Spahr was at the store all night. When Sharp read that, it seemed suspicious, so he decided to follow up. But when he tried to look up Donald Mobley, there was absolutely no record of his existence. It took tracking down several old employees before Sharp finally learned the manager back in the 80s was David Mobley. When Sharp finally got a hold of him, Mobley had no memory of ever speaking to the police about an employee. And he barely recognized the name Eric Spahr. The one thing he was sure about was that no one named Donald Mobley had ever worked at the Winn Dixie with him. Of course, Sharp knew he was asking questions about stuff that happened 34 years ago. It was possible David Mobley had just forgotten about it all. But something still felt off about the whole thing. So Sharp went back to the newspaper search program and looked for David Mobley. None of the results matched what Gregory had written in his official report. His address, his Social Security number, even his birthday. It was all wrong. More importantly, neither of the two phone numbers Gregory had listed ever belonged to Mobley or the Brunswick Winn Dixie. Sharp used old phone books at the library to find out whose number Gregory had actually called. It turned out to be a widow in Brunswick. The woman's daughter told Sharp they had an old phone in their backyard shed. Over the years, they'd caught plenty of people from the nearby halfway house sneaking in to use it. Suddenly, it seemed very possible that Gregory had never spoken to anyone who worked at that Winn Dixie Spahr. Perfect alibi could have been completely made up. But Sharp needed to be sure before he shared this revelation with anyone. So he contacted Gregory after all these years. Gregory couldn't remember how he'd gotten the manager's contact information back in 1986, but he sometimes asked suspects for that kind of thing. So he might have gotten those numbers from Spahr himself. Thinking about it now, even Gregory had to admit he might have been played. Shark took this information to Perry's new defense team. The Georgia Innocence Project sent an investigator to Spahr's house, hoping to collect a DNA sample. Eric Spahr was at work, but his mother, Gladys, was home. She was so confident that her son was innocent that she handed over a sample of her hair. In 1985, a few strands of hair had been trapped in the hinge of the glasses found at the crime scene. By 2019, the hairs were also gone. But the results of the original DNA test were still in the case file. When the Innocence Project ran Gladys Spahr's sample, it was a match. Perry's team took all of this new evidence to the district attorney, hoping she would take swift action to free Perry. Instead, District Attorney Jackie Johnson requested that the Georgia Bureau of Investigation reopen the investigation into Harold and Thelma Swain's murders. It felt like a stalling tactic, and Perry's defense wasn't going to stand for it, especially as the COVID 19 pandemic picked up steam. Prisons were especially dangerous places to be in 2020. So in April, the defense team filed an extraordinary motion for a new trial. They were granted a hearing in July. Between the proof of prosecutorial misconduct and the new DNA evidence, their case was undeniable. Judge Steven Scarlet agreed, and on July 17, 2020, he overturned the conviction. Four days later, Judge Scarlett ordered that 58 year old Dennis Perry be released while he waited for the DA's next move. Three days after that, Perry was a free man for the first time in 20 years. One year and a new district attorney later, all the charges against Perry were dropped. After 21 excruciating years, Perry was given back his innocence. But while Perry finally received justice, the Swains still had to wait for theirs. The GBI continued the investigation into the Swain's murders, but this time their focus was on 58 year old Eric Spahr. He was under near constant surveillance for three years. Finally, in December of 2024, Eric Spahr was arrested and charged with the murders of Harold and Thelma Swain. His trial started in October of 2025, but on the second day of testimony, a witness violated a pretrial motion and the judge declared a mistrial. At the time of this recording, Spahr is still in jail awaiting a new trial date. In the 40 years since their deaths, Harold and Thelma Swain have come to represent many things. Their case is about powerful forces like race, politics and justice. And while all of that is certainly important, it can lead us to forget that at the heart of it all is really the story of two people. Harold and Thelma Swain were pillars of their community. They dedicated their lives to to uplifting those around them and being forces for good. And in their honor, we should all strive to do the same. Thanks so much for listening. I'm Carter Roy and this is Murder Murder True Crime Stories. Come back next time for another story of a murder and all the people it affected. True Crime Stories is a Crime House original powered by Pave Studios. Here at Crime House, we want to thank each and every one of you for your support. If you like what you heard today, reach out on social media, rimehouse on TikTok and Instagram. Don't forget to rate, review and follow. Follow Murder True Crime Stories wherever you get your podcasts. Your feedback truly makes a difference. And to enhance your Murder True Crime Stories listening experience, subscribe to Crime House plus on Apple Podcasts. You'll get every episode early and ad free. We'll be back on Friday. True Crime Stories is hosted by me, Carter Roy, and is a Crime House original powered by Pave Studios. This episode was brought to life by the Murder True Crime Stories team. Max Cutler, Ron Shapiro, Alex Benedon, Natalie Pertofsky, Sarah Camp, Megan Hannam, Hania Said and Russell Nash. Thank you for listening.