The Unforgotten – Season 2: Unnatural Causes, Episode 5: The Prosecution
November 11, 2024 – Hosted by Free Range Productions, Charlie Scudder

Overview

This episode of The Unforgotten continues the deep-dive into the case of Billy Chemirmir, an accused serial killer linked to a string of deaths among elderly women in North Texas senior living communities. Episode 5, "The Prosecution," focuses on the sprawling, multi-jurisdiction criminal case against Chemirmir, the challenges of prosecuting serial crimes hidden as natural deaths, and the legal, practical, and emotional complexities of seeking the death penalty. Through interviews, recordings, and courtroom moments, the episode offers an inside look at how prosecutors confronted hurdles ranging from the COVID-19 pandemic to ethical debates about capital punishment.

Key Discussion Points & Insights

1. Police Realization and the Search for Victims

• After Chemirmir’s arrest, police pieced together clues from his cellphone and online activity, noting his presence at various senior living communities, pawn shops, and his frequent jewelry sales.
• Plano Police Chief Gregory Rushin addressed the media, stressing the difficulty of investigating deaths among elderly populations, where natural causes are often presumed ([01:08]).
• The unusual step of opening a 24-hour tip line signals growing suspicion of the crime’s breadth. The public response immediately increased the list of potential victims ([01:46]).

Quote:
"It will be very easy to disguise a crime in that type of activity. So, yes, we do think that we want to make sure that we know about any other possible crimes that are out there and look into those."
— Gregory Rushin, [02:21]

2. The Emotional Toll on Families and Witnesses

• Former security guard Josh Alleman recounts his emotional reaction when his theories about Chemirmir were confirmed ([03:37]).
• Detective John Hoffman and DA John Cruzeau discuss the difficulty of contacting families whose loved ones had been believed to pass from natural causes ([05:01]).

Quote:
"I think the pain of being right would outweigh that... It was the worst thing you could be right about."
— Josh Alleman, [04:24]

• Shannon Dion, whose mother Doris Gleason was one of the victims, describes her shock and horror when informed of her mother’s murder ([05:19]).

3. Prosecution Strategy & The Death Penalty Decision

• The legal process was complicated by the existence of multiple jurisdictions (Dallas County and Collin County) and the decision about which case to prosecute first.

• Dallas DA John Cruzeau, typically a death penalty reformer, chose to pursue the death penalty against Chemirmir — the only time he did so in his tenure ([07:02]).

• Cruzeau declined to discuss with the podcast team his reasons for pursuing execution, despite speaking to other media ([08:59]).

Narration:
"I wondered if Cruzeau had made the same bet before Chemirmir's trial. The DA Declined to answer those and many other questions."
— Charlie Scudder, [09:34]

• Discussion of the U.S. death penalty system’s complexity, expense, and tendency to delay closure for victims’ families, with expert commentary from Duke Law’s Brandon Garrett ([12:54], [13:12]).

Quote:
"You can't just decide that question based on the number of victims or what happened during the murders, but you have to also ask about the defendant – mental illness, mitigation, is this the worst of the worst defendants, not just the worst of the worst acts."
— Brandon Garrett, [12:54]

Quote:
"A life without parole sentence provides certainty much faster, which the victims often appreciate, too." — Brandon Garrett, [15:47]

4. COVID-19 and Its Impact on the Trial

• The pandemic delayed proceedings, forced technological adaptations (video hearings, masked courtrooms, social distancing), and heightened constitutional concerns about fair trials for capital cases ([10:07]).
• The prosecutors ultimately opt not to seek the death penalty, citing logistical, financial, and ethical complications—especially in the context of COVID ([17:33]).

Quote:
"We're going to try him not for death, but to convict him on more than one case... so we can be certain that we don't have to go back and try to retry a case again and put everybody through the trauma of that."
— DA John Cruzeau, [17:33]

5. The Prosecution’s Strategy Explored

• Rather than pursuing the death penalty, prosecutors plan to try Chemirmir on at least two murders to ensure multiple life sentences without parole ([17:33], [20:58]).
• Lead prosecutor Glenn Fitzmartin details attempts to use the prospect of a plea deal as leverage for a confession, which Chemirmir refused ([18:51]).

6. Complications and Courtroom Dynamics

• The judge decided cases would not be bundled; each murder would be tried separately. Most evidence from other cases was barred due to evidentiary rules, but some (notably, Mary Bartel and Mary Sue Brooks' cases) were narrowly included ([21:21]).

Narration:
"Each crime was committed individually, so it would need to be prosecuted individually... jurors in the Shamirmir case would be allowed to hear evidence about just one case, not the dozens he'd been accused of."
— Charlie Scudder, [21:21]

• The first trial—centered on Kim Harris—became notable for COVID-era logistics (masked proceedings, livestreams, limited courtroom access) and drama (lead defense attorney charged with solicitation of prostitution, second chair stepping in) ([25:13]).

• Survivor Mary Bartel’s key testimony was presented via videotape, as her health had prevented her from testifying in person before her death ([26:36]).

Quote:
"When I saw those two green rubber gloves. Number one, I should not have opened the door. Number two, my life was in great danger immediately."
— Mary Bartel, [27:22]

7. Jury Deliberations & Mistrial

• The jury deadlocked 11–1 after prolonged deliberations, even after the judge delivered an “Allen charge” meant to encourage consensus ([31:49]).

Judge’s Charge:
"You are requested to deliberate in an effort to arrive at a verdict that is acceptable to all members of the jury. If you can do so without doing violence to your conscience."
— Judge Raquel Rocky Jones, [32:44]

• With no resolution, a mistrial was declared—a painful setback for families, prosecutors, and the community ([34:01]).

Narration:
"For the families, of course, it was a horrible delay, an extension of their stay in the purgatory of the courthouse."
— Charlie Scudder, [34:14]

• The episode concludes with an unexpected new development: Chemirmir places a collect call to the podcast team from jail, setting up the next episode ([35:24]).

Notable Quotes & Memorable Moments

• Josh Alleman’s Reaction:
  "I screamed. I yelled in my car. I was just full of emotions, just so furious, you know." ([03:37])

• Shannon Dion’s Grief:
  "I don't have a word to describe, when I think about what my mother's last moments... I have nightmares of that." ([05:39])

• Brandon Garrett on the Death Penalty:
  "Texas used to be the nation's leader in death sentences, and now it is absolutely not... now there’s really just a trickle.” ([13:59])

• Judge Jones’s Allen Charge:
  "... deliberate in an effort to arrive at a verdict that is acceptable to all members of the jury. If you can do so without doing violence to your conscience. Do not violate your conscience, but continue to deliberate." ([32:44])

• Chemirmir's Collect Call:
  "This is a collect call from Billy..."
  — Callback, setting up next episode ([35:24])

Important Timestamps

• 00:01–02:56: Police realize the breadth of Chemirmir’s crimes, set up public tip line
• 03:37–05:01: Security guard and families react to new information, start connecting the dots
• 07:02–09:56: DA Cruzeau’s background, first discussions on the decision to seek the death penalty
• 10:07–13:59: COVID’s impact; legal and ethical complexities of capital punishment (Brandon Garrett commentary)
• 17:33–20:23: DA Cruzeau informs families: prosecution will not seek death penalty; plan shifts
• 21:21–25:13: Trial strategy—individualized prosecutions and evidence limitations
• 25:13–29:37: COVID era trial logistics; testimony from survivor Mary Bartel
• 31:49–34:14: Jury deadlock and mistrial, emotional toll on all involved
• 35:24–End: Collect call from Chemirmir, hint at next episode

Conclusion

Episode 5 delivers a nuanced exploration of the complex mechanics and moral quandaries involved in prosecuting a suspected serial killer whose crimes were disguised as natural deaths. Listeners gain a sense of the legal system’s difficulty navigating both pandemic disruptions and the persistent shadows of capital punishment’s legacy. The episode closes on a cliffhanger, as Chemirmir reaches out for the first time since his arrest.