The Burden — Death & Deceit in Alliance

Episode 4: The Trial (December 2, 2025)
Host: Orbit Media (Steve Fishman & Maggie Freeling)

Overview

In this gripping episode, "The Trial," host Maggie Freeling dives deep into the legal proceedings that sealed David Thorne’s fate for the murder of Yvonne Layne—a 26-year-old mother killed in Alliance, Ohio, in 1999. Maggie meticulously reconstructs the criminal case against David, explores the troubled past of the confessed killer Joe Wilkes, and highlights the questionable foundation of Thorne's conviction. The episode draws out the unreliability of key testimony, the failures of defense, and the tireless efforts of a family friend who grows convinced of David’s innocence.

Key Discussion Points & Insights

Joe Wilkes: The Case’s Pivotal Witness

• Background of Joe Wilkes (03:00–09:46)

  • Joe grew up in abusive foster homes and was labeled "behaviorally handicapped and emotionally disturbed" from a young age.
  • He shuffled between foster care and his biological mother, suffering emotional, physical, and sexual abuse.
  • Adopted at age 12 by the Wilkes family, but lingering trauma remained ("The damage from his past was severe" – Maggie Freeling).
  • In school, faced bullying, was a loner, and exhibited behavioral problems including nervousness, lying, and low self-worth.
  • Drifted into drug use, homelessness, and petty crime; idolized David, who supported him and even bought him his first car.

• Relationship with David Thorne

  • David acted as a "big brother" and gave Joe support, further strengthening Joe’s emotional dependency ("David was kind of like a big brother to all of us." – Josh McComb, 09:46).

The Police Investigation and Joe’s Confession

• Critical Moment: Rose Moore’s Testimony (13:06–17:00)

  • Rose Moore and boyfriend Chris Campbell encounter Joe at the Carnation Mall food court; Joe claims he was paid ~$300 to kill "some girl in Alliance," even produces a large hunting knife.
  • Rose did not come forward immediately due to threats from Chris ("Because Chris Campbell told me if I said anything that he would come after me... I don't want to die. I have two small children to raise." – Rose Moore, 16:46).

• Joe’s Interrogation (18:50–28:02)

  • July 1999: Police bring in Joe, who initially claims he was "interrogated" even before the tape runs.
  • Under questioning, Joe admits David asked him to "do something," offering him money in exchange for killing Yvonne.
  • Describes details: staying at Comfort Inn, being given cash for knife and gloves, and receiving specific instructions about when to kill Yvonne to fit David’s alibi.

“David was like, ‘Well, do you want your life to be better? Because I can make it that way. I’ll pay you to do something for me.’”
— Joe Wilkes (19:47)

- Joe's confession aligns with physical evidence (hotel receipts, payphone call to David) but his account shifts over time and contains inconsistencies (e.g., about the knife, gloves, clothes, how he left the scene).

“I screamed her name... She met me once. She was like, ‘Hey, what are you doing here?’... And then we’re sitting there talking for about three to five minutes, and then I... I pulled her hair back and slit her throat.”
— Joe Wilkes (23:34–24:45)

- Physical evidence fails to corroborate crucial elements of Joe's confession (no blood on recovered knife or clothes, imprecise time of death, unclear fit with knife wound severity).

The Trial of David Thorne

• Courtroom Proceedings (28:02–32:04)

  • Joe testifies against David in exchange for a plea deal (removal of death penalty risk, given 30 years to life).
  • Prosecution argues plausible motive (David frustrated with child support obligations); 18 witnesses are called for the prosecution, only 3 for the defense.
  • Coroner's testimony leaves 17-hour window for time of death; unable to confirm if sexual assault occurred; defense fails to challenge much forensic evidence.
  • David's defense attorney appears negligent and even intoxicated during trial ("His suit was wrinkled as if he slept in it… even the judge picked up on it." – David via Steve Fishman, 31:41).

• Doubt Cast Over Prosecution's Case

  • Defense gets coroner to admit pocket knife likely did not cause the fatal wound.
  • Joe's erratic, shifting stories undermine his own credibility.
  • Despite these doubts, the jury delivers a guilty verdict after only three hours' deliberation.

Sentencing & Aftermath

• David Thorne’s Sentencing (33:33–34:27)
  • Jury deadlocks on the death penalty; judge imposes life sentence without parole.
  • David’s plea to the jury:

“I respect you, the jury... I did not do this. And although you thought that the evidence proved it, I know in my heart and soul I did not do this... I just want to thank my family and friends…”
— David Thorne, reading his plea (33:33)

• Post-Trial Advocacy: Enter Sue
  • Sue, a retired postal worker who knew David, feels something is wrong with the verdict: "He was just the nicest guy ever. I thought, no, this can't be." (35:15)
  • Sue investigates, eventually befriends both David and Joe—becoming David’s eventual wife and first sustained advocate on the outside.

“I just went around knocking on doors because I was green at this. I didn't know what I was doing. I just wanted to talk to everybody and get some information.”
— Sue (35:54)

Notable Quotes & Moments (w/Timestamps)

• On Joe’s Vulnerability:

  "He was kind of a loner... you know, he didn't have the best home life."
  — Josh McComb (06:10)

• On the Power Imbalance:

  "David was kind of like a big brother to all of us."
  — Josh McComb (09:46)

• On the Knife in Evidence:

  "It looked like a hunting knife to me. It wasn't in pocket knife. It was bigger than that."
  — Rose Moore (15:19)

• Joe Wilkes' Recurring Themes:

  "I didn't care about life no more. David knew about it. He took advantage of me."
  — (20:52)

• Questionable Defense Representation:

  "He's in the same suit. It's wrinkled as if he slept in it... even the judge picked up on it..."
  — David (31:41)

• David’s Innocence Plea:

  "I did not do this. And although you thought that the evidence proved it, I know in my heart and soul I did not do this."
  — David, addressing the jury (33:33)

• Sue’s Instinct:

  "He was just the nicest guy ever. I thought, no, this can't be."
  — Sue (35:15)

Important Timestamps

• 03:00–09:46: Joe Wilkes’ troubled past and relationship to David
• 13:06–17:00: Rose Moore and Chris Campbell encounter Joe at the mall
• 18:50–28:02: Joe’s interrogation and confession
• 28:02–32:04: The trial, witness testimony, defense failures
• 33:33: David’s plea to the jury at sentencing
• 35:14–36:32: Sue’s doubt and advocacy work begins

Conclusion

"The Trial" reframes the narrative of David Thorne’s conviction as more ambiguous and troubling than the facts presented at court suggested. Maggie Freeling dissects not only the mechanics of the criminal case but also the deep flaws in the system—highlighting a damaged key witness, unreliable evidence, and a faltering defense—raising enduring questions about justice and innocence.

Listeners are left with a sense that there’s far more to the Alliance case than what played out in court, setting the stage for revelations to come.

Next Episode Preview:
The investigation continues as Sue’s dogged amateur sleuthing uncovers inconsistencies and possibilities overlooked by authorities. Forensic experts begin to weigh in, and the case’s cracks grow more apparent.