Death & Deceit in Alliance | 4. The Trial

Summary

The Burden — Death & Deceit in Alliance

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

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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.

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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)

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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)

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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

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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.

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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.

Transcript

[Steve Fishman]

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[Rose Moore]

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[Steve Fishman]

Hi there, it's Steve Fishman with Orbit Media. We're back with another episode of Death and Deceit in Alliance. Hope you're enjoying the show.

[Josh McComb]

Just a quick message for access to all 14 episodes Ad Free and all at once.

[Steve Fishman]

Subscribe with Apple podcasts on our show page.

[Maggie Freeling]

Previously on Death and Deceit in Alliance.

[Commercial Announcer]

Found in a pool of her own blood.

[Sue]

She said she was murdered and I, I, I mean you could have just knocked me over right now.

[Josh McComb]

They tell me it's a pretty seen.

[Steve Fishman]

In there so gloves and booties on this one.

[Maggie Freeling]

It's that bad.

[Commercial Announcer]

I mean there's just a massive amount.

[Steve Fishman]

Of blood around her face like shock and awe. It's like as if it's not even real. Like something has to be wrong. And then one day I just lost everything and I didn't care about life no more and David knew about it and took advantage of me.

[Maggie Freeling]

This is Death and Deceit. An Alliance. A real time investigation into whether David Thorne killed Yvonne Lane. I'm Maggie Freeling. Joe Wilkes is the entire case against David Thorne. Police, prosecutors and David all agree that David was not the actual murderer because he was towns away at a martial arts class. But to police and prosecutors, this didn't mean David was innocent. It simply meant there must have been an accomplice, someone David hired to have Yvonne Lane killed. And that person, they said, was his friend, Joe Wilkes. The man known as Joseph Isaac Wilkes grew up in a small Ohio town called Dover, about 85 miles south of Cleveland. He was born Joseph Isaac Brown June 5, 1980, to Dorothy and Isaac Brown. It was a terrible upbringing. As Joe explained in his trial testimony, Joe had two siblings, Jennifer and Jason. Joe said that he only lived with his biological parents for a year and a half because his father threw his little brother down the stairs, breaking both of his wrists, arm and fracturing his skull. All three kids were put into foster homes. In kindergarten, Joe was psychologically evaluated and labeled as, quote, behaviorally handicapped and emotionally disturbed. And thus he was placed in special education classes. Around this time, at five years old, Joe was able to go back and live with his biological mother again. But things didn't improve. At 9, Joe was put back into foster care. He said he was taken out of his mother's home because, quote, they were abusive physically, emotionally and sexually. It's unclear who Joe meant by they. He and his biological siblings were eventually adopted when Joe was 12 by sterling and Brenda Wilkes from Atwater. Atwater is just 15 minutes from Alliance. Joe's life seemed better with the Wilkes's, but the damage from his past was severe. In ninth grade, Joe was evaluated again. A report on the evaluation says Joe had an inability to maintain interpersonal relationships, shows inappropriate behavior or feelings under normal circumstances, pervasive feelings of unhappiness or depression. Depression, and a tendency to develop physical symptoms or fear associated with personal or school problems. The report lists behaviors such as nervousness, twitching, lying, cheating and mood changes. It says Joe was secretive and felt worthless, that he got lonely and could be clingy. It also says he has a reoccurring fear of doing bad and often acted to please other people. Joe had motor skill problems, too, and was reportedly shaky even when he wasn't nervous. Doctors also noted that Joe often had negative feelings towards himself and would say things like, I'm stupid and you must have me confused with someone smart. At 14, the shaky, twitchy, traumatized teen entered high school and was a target of bullies and the butt of jokes.

[Josh McComb]

He was kind of a loner didn't really have a lot of friends. I kind of felt bad for him. Kind of like a. I don't know. I have a soft spot for people, you know, he didn't have the best home life.

[Maggie Freeling]

This is Josh McComb who you heard last episode. One of the kids the police asked about Yvonne's murder.

[Josh McComb]

He wasn't a smartest kid. He wasn't, you know, seemed like he was all right, but he just didn't have a lot of friends.

[Maggie Freeling]

Joe testified that he became involved in drugs like acid and cocaine and eventually wound up homeless. This is when he met David. Joe said they met at a party through a friend and eventually they started hanging out. Josh McComb was friends with David and eventually started hanging around Joe, too.

[Rose Moore]

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[Josh McComb]

They were. He was in a younger grade, so my sister hung out at his house and at some point, I don't remember when, I ended up hanging out over there too. He didn't have, you know, good parents. He did. I Don't remember ever seeing his dad around his adopted dad. I just felt bad for him.

[Maggie Freeling]

Joe was younger than David by nearly a decade, so he was like a big brother figure. As David said in the last episode, he also felt bad for Joe and would try to help him in any way he could, from giving him rides to letting him sleep on his couch. David had his own place. David says he even bought Joe his first car in October 1998 or seven, a Volkswagen Rabbit for $300. So it's not surprising that Joe was said to idolize David. That was just the kind of person I've been told David was, even by Josh, who was also younger than David.

[Josh McComb]

David was kind of like a big brother to all of us.

[Maggie Freeling]

By this time, Joe was spending a lot of time around David and David started teaching Joe martial hurts. Joe was picked on his entire life and it was probably empowering, like now he could fight back. Josh said Joe was not a natural.

[Josh McComb]

Fighter, didn't have guts, you know, he didn't have like. I don't think the kid ever been in a fight in his life and I don't, I know he got in trouble and stuff and I know that he just wasn't a violent kid. He wasn't.

[Maggie Freeling]

Although around this time, Joe's behavior did start to turn to mischief. What I found to be a quiet, victimized, keep to himself kid pleaded guilty to stealing shoes on January 21, 1999, when he would have been 18. This is the first criminal record I can find for Joe. And of course Joe was poor fending for himself and he probably just needed new shoes. Through this time, Joe was still attending public school, but he left in 11th grade and joined a vocational school, the same one David and Yvonne attended. But the vocational school was short lived. Joe got in a fight with a boy named Chris Campbell, who is a huge part of the story. We'll get to him later. After the fight, Joe was sent to a behavioral school. Finally, in the spring of 1998, Joe's senior year, he dropped out of vocational school and he was done with school altogether. And I just want to say that all of this breaks my heart. Joe doesn't seem like a particularly bad kid, just troubled. Joe was also a good looking kid, handsome, 6 foot 4, athletic. He seems like he had a lot of potential. After he dropped out of school, Joe wasn't working. In fact, it doesn't seem like he ever worked much. He said he worked at a restaurant for a month when he was 16 and then after that he'd done Random construction jobs with his grandpa. At the time he was arrested, he said he was supporting himself through his girlfriends and the kindness of people like David and Josh. After a bad breakup, Joe moved in with his friend Summer Enoch and her parents, Karen and Brent. Karen testified they were okay helping Joe get on his feet, but if he was going to stay with them, he needed to get a job and follow their rules, like letting them know he'd be home for dinner if he was working, stuff like that. But he didn't follow any of the rules or get a job. And Joe wound up on the street again. Yvonne's body was discovered on April 1, 1999. Joe was kicked out of Karen's house in May. In July, Joe was arrested for criminal mischief. He was convicted and ordered to pay a $3,000 fine and released just a week later. Joe says he was out partying, drinking, doing coke, and dropping acid. He was having a typical Joe night, and it would be the last one he'd ever have. Meanwhile, the police had received a tip which led to a young woman named Rose Moore.

[Steve Fishman]

I did Captain William Mucklow interviewing Rose Moore. Also present is Detective Bud Sampson. You just go ahead and tell me what you. What transpired several months ago, along with your boyfriend Chris Campbell.

[Rose Moore]

Okay.

[Maggie Freeling]

23 year old rose told officers that she and her boyfriend Chris Campbell were in the food court at the carnation mall on April 31.

[Rose Moore]

We went in the Cafe court waiting on my dad, and we got something to eat. I think it's some French fries or something.

[Maggie Freeling]

Rose says they bumped into Joe Wilkes. She didn't remember the time, but it was dark out and likely after work. Rose and Chris worked at a telemarketing center in the Carnation Mall. Chris Campbell knew Joe from school. And the three of them started talking. Remember, Chris was the kid Joe got into a fight with just a few months earlier, the fight that got Joe kicked out of vocational school. Since Joe was from Atwater, Chris asked him what he was doing in Alliance.

[Rose Moore]

Joe said that he had a job to do, that some guy was paying him to stay at the Comfort Inn for the weekend. And he said, you know, well, he really got off the subject because Chris kept trying to get it out of him, what he was there for. And I don't think he wanted to say. And Chris, you know, kept saying, well, I'm your friend, you know, you can trust me. And then he got off the subject, started talking about something else Joe did. And then Chris brought it up again and asked him, you know, well, what kind of job Are you here to do. And he said, well, some guy paid me to kill some girl in Alliance. And he didn't say no name.

[Steve Fishman]

You mentioned the price.

[Rose Moore]

I'd say around 3 or 400. I'm not bad today.

[Maggie Freeling]

Joe responded that some guy paid him to kill a girl in alliance and was paid $300 up front. He said the guy who was paying him also paid for his room at the Comfort in that night to stay in Alliance. The Comfort Inn was inside the mall. Rose told police that then Joe pulled out a knife from a sheath and showed it to them.

[Rose Moore]

And he showed us the knife that he had on him. I think it was in his pocket and it was. It looked like a honey knife to me. It wasn't in pocket knife. It was bigger than that. And he showed us and he said that that's what he was supposed to killer with. It was. It was better than a pocket knife. It looked like some kind of hunting knife to me.

[Steve Fishman]

Was it a sheath or not? Like a leather sheath or one?

[Rose Moore]

It might have been. I'm not really positive, but it could have been. I think it was because when he pulled it out, he went like that.

[Steve Fishman]

How long do you think the bike was?

[Rose Moore]

About. Probably about that big.

[Steve Fishman]

About eight. About eight inches?

[Maggie Freeling]

Yeah, about eight inches. Remember that because Joe later said he had a pocket knife. Then Rose said after a few more minutes of conversation with Joe, he wrote his name and pager number on a card for Chris to have for the future. Rose told police that's when her dad showed up to pick them up and they left. Rose also described what Joe was wearing.

[Rose Moore]

We was at the mall when I first saw him. He had the Nike outfit on as it was like a white. Probably white, black and blue. I'm not posing on the colors, but I know it was white for sure. It was like a white jacket and he had like a white tank top underneath that, I think. And he had white pants and white pants. They look like Nike pants.

[Steve Fishman]

Why you haven't come forward until now?

[Rose Moore]

Because I've been scared for my life. Because Chris Campbell told me if I said anything that he would come after me. And that's why I've been scared, because I don't want to die. I have two small children to raise.

[Maggie Freeling]

They ended the conversation shortly after that. Two days later, police were looking for Joe and found him hungover at a friend's house after the night of partying and brought him in for questioning. Did you know Tide has been upgraded to provide an even better clean in cold water? Tide is Specifically designed to fight any stain you throw at it. Even in cold butter. Yep. Chocolate ice cream. Sure thing. Barbecue sauce. Tide's got you covered. You don't need to use warm water. Additionally, Tide pods let you confidently fight tough stains with new coldzyme technology. Just remember, if it's gotta be clean, it's gotta be Tide.

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[Maggie Freeling]

Drove him to the station and read him his Miranda rights, although he was not under arrest at the time. The detectives in the room with Joe were Bud Sampson, William Mucklow, and John Leach. In a deposition, Joe was asked whether he remembered being interviewed by the police. And Joe responded, quote, they never interviewed me. They interrogated me the whole time. They were interrogating me before they pushed the play button. Joe's statement was recorded over two days.

[Steve Fishman]

Today, dated July 14, 1999. Wednesday, it's 1309 hours. My name is Detective Bud Sampson. We're in the Ravenna Police Department interview room. Along with me is Detective William Mucklow and Detective John Leach of the Alliance Police Department. Also in the room is Joseph Isaac.

[Maggie Freeling]

Folks, in the recording, police read Joe his Miranda rights on record and then got right to the point.

[Steve Fishman]

Can you tell us your part in this, David? About four years now. He's been training me in suit fighting and he's always been talking to me like how much he was since that woman was out of his life and that he could have his little boy. And then I, for years I told him, keep me out I don't want nothing to do with it. And then what? Mom was on Giovanni. Okay. And then one day I just lost everything. And I didn't care about life no more. David knew about it. He took advantage of me. And you had a smart time. So what did David say to you? 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.

[Maggie Freeling]

Joe said that David asked him to kill Yvonne. And Joe with nothing to lose, agreed.

[Steve Fishman]

When did he approach you to do this? Joe? Right. Dude, I only say about a month before it happened. And he told me they didn't make sure I was okay and did a stay out of it. And so he picked me up one morning, took me to Alliance Wall at the Comfort Inn. And he paid for a room with hundred dollar bill. And then he sent me to get a knife and some baseball gloves.

[Maggie Freeling]

Joe said David gave him money for a knife and baseball gloves and paid for the hotel room for him at the Alliance Carnation Mall.

[Steve Fishman]

How much money did David pay you? $300,000. And he told me he was gonna get me outta here to get my life better.

[Maggie Freeling]

Joe says the day of the murder they drove around and discussed the plan.

[Steve Fishman]

He told me how to do anything, like just leave the store for tomorrow about 9, 9:30. Just make sure it's done by 10 o' clock because then he'll be covered, he'll be leaving, he'll have jobs with him in the chat. Okay. And.

[Maggie Freeling]

Joe says that since David would be at his class with Josh and the lion cub that night, he'd have an alibi. So to make sure the murder happened in that time frame by 10pm Then he says David dropped him at the mall. A Comfort in receipt shows Joe rented a room at 146 and paid cash with a hundred dollar bill. Then he went to Kmart to get the gloves and he went back to David's car. David drove him around and eventually he wound up back at the Enochs. The Enochs are the people who'd taken Joe in for a while, but he wasn't following their rules. Joe was back on good terms with them and doing a job with Brent Enoch that evening. The Enoch testified that David stopped by with the cub for about a half an hour and then he left around 5pm for class. The Enochs and Joe then ate dinner and after Brent took Joe to a carpentry job. On the way to the job, Joe asked Brent if he'd drop him at the carnation. Mall after Brent testified that Joe told him he was meeting David there and then spending the night at David's to clean David's garage instead. Joe says he stayed at the mall where he allegedly bumped into Rose and Chris and allegedly told them he was in town to kill a girl.

[Steve Fishman]

And how did you get to the house from the mall? I walked from the mall to the house, and I was walking down and I walked to her house. The door was unlocked. I opened it.

[Maggie Freeling]

Remember Yvonne's son, Preston, said he never locked the door when his mom asked him to.

[Steve Fishman]

I screamed her name and I was walking up the first flight of stairs and she was coming down her bedroom. Does she know you? And she met me once. Okay, what did she meet you? She was like, hey, what are you doing here? She goes, I haven't seen you in a long time. I was like, David just wanted me to stop by and see how things were. And then we're sitting there talking for about three to five minutes, and then I. Okay, I know this is gonna be hard, but we gotta go through and you tell me what happened here. Where were you sitting? Were you sitting upstairs or downstairs?

[Rose Moore]

We were.

[Steve Fishman]

We were on the second floor, not the third one. Okay. And we're still on joking. And I'm still.

[Maggie Freeling]

What Joe said is that they were sitting on the couch and he reached his arm around her body, pulled her hair back and slit her throat. And then she got up, tried to run, went to the sliding glass door, turned around and asked him why. Joe answered, because David wanted me to. Then Yvonne collapsed. Joe says he went to the hotel and sat up all night thinking about it. An employee for the phone company Ameritech testified at trial that the next morning, April 1, someone called David at 8:28am From a mall pay phone. Prosecutors pointed to that as proof that David left work to pick up Joe the morning after the murder was committed. Now, at 9am David did take a break from work. His co worker testified that David left for about an hour and a half and returned with McDonald's. The sandwiches were hot. The prosecution said during this time, David picked up Joe at the hotel and took him back to the Enoch residence.

[Steve Fishman]

Pretty picky up. I fell off. Yes.

[Maggie Freeling]

On the way. Joe says he put his clothes in a bag and gave the bag to David but forgot about his pants. So he threw them in the woods. And he doesn't remember where his shoes went.

[Steve Fishman]

What you do with your shoes? I don't know. Your shoes. Okay. Why you throw the FE mix thing on top? I jumped over. The gloves. What were the gloves of? They were. I drew down in dumpster McDonald's up by her house. Well, that goes on. Joke. When you left the house and you ran back to the motel, did you run down State Street? Yes.

[Maggie Freeling]

State street is the main road in Alliance. It's really more like a highway. Joe said he ran down State street nearly four miles back to the hotel. Presumably covered in blood on the way. He says he ditched the knife on a side street.

[Steve Fishman]

So why did David want this done? So David could have his own way. He wouldn't have to pay so much money for child support. Yes. He told you this?

[Maggie Freeling]

He says so David didn't have to pay so much in child support.

[Steve Fishman]

Are you sorry for what you did? I can't believe I did it. Are you willing to. Are you willing to stand up for yourself and testifying court against the big thorn? Okay. Anything else? Yeah. Okay. That's going to conclude this interview. It's Wednesday, July 14, 1999. The time now is 13:26 hours.

[Maggie Freeling]

After Joe finished his statement, he was charged with aggravated murder. 26 year old David Thorne was also arrested and charged with complicity to murder for hiring Joe to kill Yvonne Lane. David went to trial six months later on January 18, 2000, Joe took a plea to take the death penalty off the table and was given 30 years to life for his testimony against David. Prosecutors forcefully argued that David hired Joe to kill Yvonne and that Joe was the perfect person to do it. He was broke and idolized David. Witness testimony. Person after person described Joe's conversations about David and his seeming obsession with David. The friendless teen would do anything for him, witnesses said. And the motive? David was upset that he had to pay child support. Remember in the months leading up to the trial, David was court ordered to pay $351 per month starting January 1999. But at trial the coroner was unable to pin down an exact time of death. He testified that Yvonne's time of death was within in a 17 hour window sometime after 7pm so from 7pm to when she was found around noon the next day AM he did not remember if he did a sexual assault kit and he did not take body temperature. He testified that despite a 4x8 inch slice to her throat which cut her trachea and internal and extra external left side carotid arteries and left her nearly decapitated. He said Yvonne was likely capable of some movement and it's possible she could have said one to two words that fits with Joe's story that Yvonne got up Walked to the sliding glass doors, turned around, asked him why, and collapsed. David's team did not present an expert to refute any of this. You know that the gaping wound that had severed her vocal cords may not have left her able to speak or move. And that it seems unlikely that such a small knife. Remember, Joe said it was his pocket knife, a 3.1 inch blade to have made this injury. Or the fact that such a bloody wound would likely leave evidence in the crevices of the folding knife and Joe's clothes. No blood or other evidence was found on the clothes the police recovered or the knife Joe led the cops to. And no one questioned why the coroner couldn't be more precise in his time of death estimate. And if he can't establish a precise time of death, then the list of possible suspects is even longer. David said he felt like his counsel was inadequate. Over all, the prosecution called 18 witnesses, and the defense only called three. David also said that his lawyer often smelled of alcohol.

[Steve Fishman]

I. I don't know. I guess it was like a high potent. Like almost like if you walk into a cheap bar where it just has that whiskey and cigarette smell. That's. That's the only way I can really describe it.

[Maggie Freeling]

And was disheveled.

[Steve Fishman]

He's in the same suit. It's wrinkled as if he slept in it. And he kept asking my grandparents their gum and candy. I mean, even the judge picked up on it to a certain extent because the judge told him to slow down and to speak clearly, and then other times even told him to speak up. And even just murmuring along.

[Maggie Freeling]

I'm going to note here that the years after David's case Hopped died outside of his home from hypothermia due to or as a consequence of acute alcohol intoxication. Now, in fairness, it doesn't seem the defense was all bad. For example, on cross examination of the coroner, the defense was able to get him to say it's unlikely the pocket knife, the alleged murder weapon, made Yvonne's injury. And Joe, who supposedly killed Yvonne. For David, his story was all over the place. He told multiple versions of who drove him, where and when, who picked him up, what happened to his clothes, the knife, the gloves. The defense pointed out his differing statements, and to me, it was clear that Joe was less than a reliable witness. But in the end, it took the jury only three hours to decide that they believed the prosecution's evidence and Joe's confession was the truth, that David hired Joe to kill Yvonne. On January 25, 2000, the jury found David guilty and complicity to murder. At the sentencing, the jury was deadlocked at the appropriate sentence. They didn't know whether to sentence David to death or not. At the time, he would have been executed by Old Sparky, a macabre nickname for Ohio's electric chair. David made an impassioned plea for his life to the jury, and he read it to me.

[Steve Fishman]

I respect you, the jury. I respect the job that you have done. I also respect that it was a hard job. 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 need to tell Yvonne's family I'm sorry that Yvonne had died. She was your daughter and the mother of my son, Brandon, whom I love very much. I'm here asking you that you permit me to write my son from prison and be his father, because I know what it meant to lose mine at such a young age. And I wouldn't wish this on anyone. I just want to thank my family and friends, especially my grandparents, for all of the support they have given me throughout this whole case. And I wouldn't trade any one of you for the will.

[Maggie Freeling]

After almost two days of deliberation, the jury still couldn't agree on a sentence. So the judge eventually sentenced David to life in prison without the possibility of parole, where David still sits today, dead in the water. But for a period, hope was renewed, and a woman named sue came into his life. She was a family friend, though not a close one. She was a humble post office worker who'd follow the case like just about everyone in the county. A lot of people were satisfied with the verdict, but sue felt like something wasn't right. She'd known David from the post office, and he was always the sweetest guy. She told me something was wrong. She felt it in her gut.

[Sue]

The guy I knew that came into.

[Steve Fishman]

The post office that threw up his.

[Sue]

Hand and waved and grinned all the time, and he's just the nicest guy ever. I thought, no, this can't be.

[Maggie Freeling]

Sue had no background in investigations, no law enforcement experience, but she was driven and had time since she was retired. And she started to dig and talk to David about his case. She was a couple decades older than David, but over the years, they became friends. She became his ally, his connection to the outside, his shot at frank freedom, and later, in a ceremony at the prison, his wife. At first, though, she was just a woman poking around.

[Sue]

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.

[Maggie Freeling]

Stu was convinced David didn't hire Joe to kill Yvonne. She wrote to Joe, too.

[Sue]

I said, this is. This is who I am. I know these people. I'd like to know your story. And he ignored me. He'd been screwed, screwed over by so many people by that time, he wasn't about to play the game again. And then I got the documents at that point and I read them and I wrote him again and I said, I don't think you did this because your statement isn't lining up.

[Maggie Freeling]

And that's when Joe agreed to talk to her. Coming up on death and deceit in Alliance.

[Steve Fishman]

To me, from what I understand of the case, stuff just didn't make sense.

[Sue]

The guy I knew that came into the post office that threw up his hand and waved and grinned all the time, and he's just the nicest guy ever. I thought, no, this can't be. He said that they put him in a room and they chained him to the wall by his arm and spit on him. And they told me him that they wanted him to confess.

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Brent Turvey, a nationally known criminal forensics expert, picked apart what he calls a botched case.

[Sue]

Something's missing. I can't. I can't understand. There's got to be more. He could have paid off his entire 18 years of child support with a check. Why didn't the prosecution turn this over?

[Maggie Freeling]

And what is going on here?

[Sue]

So it makes me feel like there's.

[Maggie Freeling]

More to the story. Death and Deceit in Alliance is produced and reported by me, Maggie Freeling with editorial consulting from Amber Hunt. Aaron Case is our legal researcher. Our executive producer is Steve Fishman. Our engineer and production coordinator is Austin Smith. Eric Axelrod is our assistant producer.

[Steve Fishman]

Ah, greetings from my bath, festive friends.

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[Maggie Freeling]

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[Maggie Freeling]

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[Steve Fishman]

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[Maggie Freeling]

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