James VanCallis

Summary

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True Crime All The Time – Episode Summary

Episode Title: James VanCallis
Release Date: March 3, 2025
Hosts: Mike Ferguson and Mike Gibson

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Episode Overview

In this episode, Mike Ferguson and Mike Gibson examine the tragic 2014 murder of 14-year-old April Millsap in Armada, Michigan, and the subsequent conviction of James VanCallis. The discussion focuses on the investigation, the unusual role of technological evidence—specifically April’s fitness tracker—and the trial built primarily on circumstantial rather than forensic evidence. The hosts also reflect on the human impact for the victim’s family and the complexities of justice when physical evidence is scarce.

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Key Topics and Discussion Points

1. Background of the Crime [04:59]

• April Millsap: A 14-year-old described as an animal lover, good student, and enthusiastic about German.
• The Crime: On July 24, 2014, April left to walk her dog on the Macomb Orchard Trail. She texted her boyfriend at 6:28pm:

  “I think I almost got kidnapped. Omfg.” – [08:56, Ferguson quoting April's text]

• Attack and Discovery: Moments later, she was attacked, beaten to death, and her body found in a drainage ditch by joggers led there by her dog. Evidence suggested sexual assault was attempted.
• Witness Accounts: Several people saw April interact with a man on a blue and white motorcycle before her murder and helped create a composite sketch.

2. Early Investigation and Arrests [13:22]

• Search warrants executed at a home in Wales Township led to the arrests of James Bernard VanCallis (father, a registered sex offender) and his son James Donald VanCallis, initially on drug charges.
• Neither was charged initially with the murder, but suspicion focused on James VanCallis (the son) due to witness descriptions and evidence linking him to the area.

3. Importance of Digital Footprints [05:48, 29:00-30:50]

• April’s fitness app and cellphone played a key role:

  • FBI Agent Matthew Zentz mapped April’s exact route, pinpointed where the attack happened, and traced her phone’s rapid transit (at approximately 30mph) after her death.
  • The location data aligned with witness timelines and surveillance footage of VanCallis on his motorcycle, reinforcing the prosecution’s case despite lacking DNA evidence.

  “You and I talk about it all the time. What type of digital footprint do we leave everywhere we go?... you have your phone with you. That thing is chock full of data.”
  — Mike Ferguson [05:47]

  “This is the type of technology that we have today... that is tracked on your cell phone, and it's quite a bit from location... There's just so many apps... that track our location, where we've been, where we are at any given point in time.”
  — Mike Ferguson [29:36]

4. Circumstantial Evidence & Lack of Forensics [40:27, 54:08]

• Key Evidence:

  • Eyewitness accounts connecting VanCallis to April on the trail.
  • April’s phone and fitness tracker data, which aligned with surveillance camera footage of VanCallis.
  • Shoe print analysis: Imprints consistent with Nike Jordan shoes that VanCallis was known to wear.
  • Testimony from VanCallis’s ex-girlfriend about his behavior (cleaning shoes with hand sanitizer at night, discarding clothes and shoes shortly after the murder).
  • Incriminating Google searches found on a family computer: “how to have sex with a girl,” “how to attract younger women,” etc.
  • A video discovered on VanCallis’s phone showing him covertly filming a 15-year-old girl while wearing the missing shoes.

• No Physical Forensic Evidence:

  • No DNA, fingerprints, or direct physical evidence linking VanCallis to April or the crime scene.
  • The absence was attributed to missing items (shoes, hoodie) and possibly VanCallis’s efforts to destroy evidence.

  “None of [the exhibits] are including, you know, some of the... bombshell type evidence to a jury. However, Van Callas was captured on camera... and witnesses were confident they saw him on the trail.” — Mike Ferguson [40:28]

  “If you're hitting someone with the type of force that we believe James was with a motorcycle helmet, that there would be blood flying, you would find some DNA on him.” — Mike Ferguson [36:23]

5. The Trial and Legal Strategies [51:06, 54:08]

• The defense’s strategy focused on the lack of direct evidence, questioning the reliability of witness testimonies and the accuracy of phone/APT data.
• No defense witnesses were called, and James VanCallis did not testify. The strategy relied on arguing the prosecution had not met its burden of proof.
• Prosecutors connected digital, circumstantial, and behavioral evidence, while appealing emotionally to the jury (“April could have been anybody’s daughter”).

6. Verdict, Sentencing, and Appeals [57:19-62:31]

• Outcome:

  • On February 8, 2016, James VanCallis was found guilty of first-degree murder, felony murder, kidnapping, and assault with intent to commit sexual penetration.
  • Sentenced to life in prison on March 30, 2016.

  “James, we love you. We’ll get you out. We will.” – Brenda VanCallis, James’s mother as he left court [60:44] “You, James, are a damn thief. You stole my beautiful daughter's life, and you stole the rest of mine.”
  — Jennifer Millsap, April’s mother, in her victim impact statement [59:10]

• Post-Trial:

  • VanCallis maintained his innocence, arguing no direct evidence tied him to the crime and appeals citing ineffective counsel were denied at multiple judicial levels.

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Notable Quotes & Emotional Moments

• April’s chilling final message:

  “I think I almost got kidnapped. Omfg.”
  — April Millsap’s last text message [08:38]

• On the power of circumstantial evidence:

  “There was a lot of compelling circumstantial evidence that he and he alone was the person who had the opportunity to commit this crime.”
  — Mike Ferguson [62:33]

• April’s mother in court:

  “You, James, are a damn thief. You stole my beautiful daughter's life, and you stole the rest of mine. My life has totally changed since April was killed. My life will never be the same.”
  — Jennifer Millsap [59:10]

• On the limitations of forensic evidence:

  “They didn’t have all the forensic evidence, but they did have strong circumstantial evidence tying James VanCallis to the crime scene.”
  — Mike Ferguson [65:00]

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Timestamps for Important Segments

• [04:59] — Introduction to April Millsap & Case Background
• [08:38] — April’s last text, eyewitness accounts & body discovery
• [13:22] — Police focus on VanCallis & early arrests
• [29:00-30:50] — Explanation of the digital evidence (fitness tracker, phone data)
• [31:23] — Ex-girlfriend testimony, disappearance of key clothing items
• [36:23] — Debate about the lack of DNA or forensics
• [40:27] — Opening trial statements; Exhibit overview
• [54:08] — Shoe print analysis, lack of matching shoes, prosecution closing
• [57:19] — Guilty verdict & sentencing
• [59:10] — Victim impact statement by April’s mother
• [60:44] — VanCallis’s mother vocal in support after sentencing
• [62:13-63:50] — Discussion on appeals process and courtroom outcomes

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Tone & Style

True Crime All The Time upholds a mix of gravity, empathy, and occasional levity (“You were the guy that people hired exactly when they needed protecting.” – Ferguson [07:34]), ensuring that while the crime’s seriousness and emotional impact are front and center, there is an accessible and conversational flow. The hosts’ personal musings and banter lighten the heavy content without trivializing the subject matter.

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Conclusion

The episode underscores the tragic murder of April Millsap, the thoroughness of the investigation, and the modern role of digital evidence in criminal cases. The hosts highlight the intricacies and challenges of building a case with circumstantial, rather than forensic, proof, and the emotional devastation inflicted upon victims’ families. Listeners are left to ponder the meaning of justice, the reliability of circumstantial cases, and the lasting impact of violent crime.

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Transcript

[Mike Ferguson]

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[Mike Gibson]

Hey. I'm doing well.

[Mike Ferguson]

I am doing much better than I was last week.

[Mike Gibson]

Getting ready.

[Mike Ferguson]

Thanks for asking.

[Mike Gibson]

How are you?

[Mike Ferguson]

You know, I'm. I'm over my illness.

[Mike Gibson]

Yeah.

[Mike Ferguson]

And my wife, who was sick at least one week before she gave it to me, is still sick. I know she just cannot get over it. But I've been hearing from a lot of people that some of the stuff that's going around is lasting weeks and weeks.

[Mike Gibson]

Hard to kick.

[Mike Ferguson]

Yeah, apparently. So let's go ahead and give our Patreon shout outs. We had Stephanie Williams.

[Mike Gibson]

Hey, Stephanie.

[Mike Ferguson]

Scott. 85.

[Mike Gibson]

What's going on, Scott?

[Mike Ferguson]

Amber. Sweetheart.

[Mike Gibson]

Well, hey. Thanks, Amber.

[Mike Ferguson]

Scott. Kane.

[Mike Gibson]

Hey, Kane.

[Mike Ferguson]

Sydney Waddell, who's been with us forever. Wadell in the house welcoming her back. Dessa.

[Mike Gibson]

Hey, Dessa.

[Mike Ferguson]

Kelly jumped out at her highest level.

[Mike Gibson]

Well, thanks, Kelly.

[Mike Ferguson]

Amber. Palmer. Palmer. That. That was exciting for you.

[Mike Gibson]

It is.

[Mike Ferguson]

Okay, Dixie. Wait for it. Normans.

[Mike Gibson]

Well, thanks, Dixie. Enormous.

[Mike Ferguson]

Wait, why did you add another E in there?

[Mike Gibson]

I just needed to make sure I didn't say it the way that you thought I might.

[Mike Ferguson]

I know. You got to put a pause in that one.

[Mike Gibson]

Yeah.

[Mike Ferguson]

Kara. Jett. And last but not least, Natalie R. Thanks, Kara.

[Mike Gibson]

Thanks, Natalie.

[Mike Ferguson]

Thanks for all the new support. And then if we go back into the vault this week, we selected Rhonda Allred, man.

[Mike Gibson]

Rhonda awesome.

[Mike Ferguson]

Been with us a long time. Has communicated with us a lot over the years. So really appreciate that long term support.

[Mike Gibson]

Communicate. It sounds weird when you say it that way. I don't know why?

[Mike Ferguson]

Why?

[Mike Gibson]

I don't know.

[Mike Ferguson]

She has communicated with us. She has communicated emails, maybe even voicemails. I don't know. Gibbs, right. We dropped a new Patreon episode Saturday night and it's on the disappearance of Jeremy Burt. So he disappeared from the Boise area in 2007. He's never been found. Police don't know exactly what happened to him. But in recent years, there's been some things that have come to light that have led to a lot of speculation that Jeremy's disappearance could be related to an earlier missing person's case in the same area.

[Mike Gibson]

Some interesting tie ins it is.

[Mike Ferguson]

You know, people are tied to both of these individuals and it makes for some compelling speculation. We also have a brand new episode out right now on True Crime all the Time Unsolved, where we're talking about 23 year old Stephen Clark, who disappeared in 1992 in North Yorkshire. So we're headed across the pond. It was almost 30 years later that his parents were arrested on suspicion of murder. Accused of killing their son and burying his body in their back garden.

[Mike Gibson]

Spooky, man. Yeah.

[Mike Ferguson]

So there's a lot to unpack. Make sure you check that one out. All right, buddy. Are you ready to get into this episode of True Crime all the Time?

[Mike Gibson]

I am ready.

[Mike Ferguson]

We're talking about James Van Callis. And April Milsett was murdered while walking her dog on a popular trail. Prosecutors used data from her fitness tracker app to help secure conviction in her case. And this is a pretty well known popular true crime case to some. I think the inclusion of kind of a type of technology that you don't think about a lot of maybe draws interest from people. You and I talk about it all the time. What type of digital footprint do we leave everywhere we go? And you think about, okay, you have your phone with you. That thing is chock full of data.

[Mike Gibson]

It is.

[Mike Ferguson]

How many people think about something like a Fitbit though, or like an exercise type of technology that's not directly related to their cell phone?

[Mike Gibson]

I would say, yeah, I mean, Fitbit, a Garmin or whatever. Different ones that are out there. There's a bunch of out. Bunch of them out there now.

[Mike Ferguson]

Most of them I think nowadays are tied into your phones. But April was only 14 years old when she was murdered. She lived in Armada, Michigan. With her mother, Jennifer, April was going to start high school in the fall of 2014. Her mother said she looked forward to having more independence. And I think that's, you know, what a lot of people getting ready to go into high school kind of view it as, you know, yes. You're graduating from junior high to high school. It won't be long before you're able to drive. You start thinking about all these different ways that you're going to have a little bit more freedom, a little more independence.

[Mike Gibson]

Yeah. Along with that comes more responsibility, but it's fun.

[Mike Ferguson]

Now. I remember my freshman year, I was just worried that for some reason, maybe based on old sitcom tropes, that I was going to be shoved into a locker. Seniors were going to shove me into a trash can or something like that.

[Mike Gibson]

Your first year or second year as a freshman?

[Mike Ferguson]

I think it was my first year. Okay. Yeah. Because I know you were 17 and a half years old when you were a freshman, but chances are you were bigger than most of the seniors.

[Mike Gibson]

I was ready for three o' clock high.

[Mike Ferguson]

You were, you were the guy that people hired exactly when they needed protecting. April loved animals, nature and writing. She was described as a good student and enjoyed studying German. And I don't know how many people actually enjoy studying German. I've never taken German. It does seem like a hard language to master.

[Mike Gibson]

I found it a very interesting statement that I enjoyed studying German language. Yeah, yeah.

[Mike Ferguson]

I know you really big into Mandarin.

[Mike Gibson]

Oh, yeah, I got that down.

[Mike Ferguson]

And I was impressed because I would love for you to keep working on your English, but you keep trying out other languages and mastering them before you've actually mastered the English language.

[Mike Gibson]

A lot of fun. And then I do all that transcribing work, you know.

[Mike Ferguson]

Is there translation involved in the transcribing?

[Mike Gibson]

There actually is.

[Mike Ferguson]

Okay.

[Mike Gibson]

We call it the double transiting double T's.

[Mike Ferguson]

On the evening of July 24, 2014, April left to take her dog for a walk on the Macomb Orchard Trail, which was near her House. At 6:28pm, April texted her boyfriend. I think I almost got kidnapped. Omfg.

[Mike Gibson]

How freaky is that?

[Mike Ferguson]

Yeah, I mean, I think for anyone. Boyfriend, family member, 14 year old girl text you and says, I think I almost got kidnapped. Okay, there's going to be a little bit of fright there for you. And obviously there was for her. Several witnesses saw April having a strange interaction with a man on a motorcycle. Shortly before this. The Detroit Free Press reported that moments after sending the text, April was attacked and beaten to Death. And then about two hours later, April's dog alerted two joggers to her body, which was found in a drainage ditch. So, I mean, obviously this is an extremely tragic story when you think about a 14 year old girl losing her life. I also can't help but feel a lot of emotion for the dog.

[Mike Gibson]

Oh, for sure.

[Mike Ferguson]

You know, dogs are so attached to their owners. They're so protective, and it's hard not to get a little emotional about, you know, thinking about her dog, tracking someone down to say, hey, come help her.

[Mike Gibson]

Yeah, she needs help.

[Mike Ferguson]

And that's ultimately what happens. But by the time they find her, she's dead. Jennifer Millsap became worried when April stopped answering her calls and texts. She met the police at the trail. A police officer who responded to the scene testified that April's blouse was torn and moved to her waist. Her undergarments were also removed. Per cbs, there were marks on April's body that appeared to be shoe prints.

[Mike Gibson]

So either kicked or used to hold her down.

[Mike Ferguson]

Yeah, I mean, at some point, stomped, held down, kicked. None of it was good. But I think on top of what is a very tragic murder, when you look at a woman who is found in this state of undress to the police, one of the first things, or one of the first thoughts has to be, okay, was there some type of sexual assault as well? A witness reported that they saw a man on a motorcycle interacting with a teenager on the trail. They provided the description for a composite sketch which was released in late July 2014. Investigators also received tips about a blue and white motorcycle that was driven by a young man with a black helmet. Okay, that's pretty good stuff. It is, because you think about a lot of the cases that we do, especially when you kind of delve into some of the unsolved. When you boil it down, a lot of the times police just have so very little to work with, especially in the way of kind of eyewitness statements or, you know, things like that. But here they've got a quite a bit. People saw a young girl with a guy. Someone was able to give enough information for a sketch. They even had a description of the motorcycle.

[Mike Gibson]

Sometimes I think it just works out that you have everything that falls into place, right. The witnesses and the sketch and no time delay and just get moving on it.

[Mike Ferguson]

Well, you know, when you break it down, think about what it takes to solve a crime. First of all, there's a lot of hard work, absolutely. By a lot of different people. You gotta do things right. You gotta do things by the Book. But I would think, Gibbs, there has got to be in almost every case a little bit, if not a lot of luck. As you said, kind of people seeing things kind of stumbling sometimes upon the right clues or the right information. I don't want to denigrate the police in any way, but I just have to believe that luck plays a factor in solving some of these cases.

[Voicemail Callers]

Sure.

[Mike Gibson]

And the police welcome that luck.

[Mike Ferguson]

Oh, yeah, they're definitely not going to turn it down. On July 30, the the police executed a search warrant at a home in Wales Township as part of the murder investigation. They arrested 66 year old James Bernard Van Callis and 32 year old James Donald Van Callis, father and son. They were charged with delivery and manufacturing marijuana and maintaining a drug house. But they were not charged in connection with April's murder. Okay, so I get it. A lot of sons and dads, they like to do things together. You know, I'm going to try to find maybe a shared hobby. Yeah, I don't know how many have a shared hobby of manufacturing and distributing marijuana.

[Mike Gibson]

Well, you just want to be close.

[Mike Ferguson]

To your son and maybe it was a matter of, you know, kind of bringing him into the family business. I, I don't know. It just seems so strange. My whole life, as I think a lot of people do, you don't want to look bad in the eyes of your parents. Now, I'm assuming this guy didn't look down on his son because he was already doing all this stuff.

[Mike Gibson]

Yeah, exactly.

[Mike Ferguson]

But most parents would look down on this type of behavior. The Times Herald reported that James Bernard Van Callis is a registered sex offender convicted in 1995 of second degree criminal sexual conduct with a person under 13 and fourth degree criminal sexual conduct with a person between 13 and 16.

[Mike Gibson]

So a real POS.

[Mike Ferguson]

Yeah, absolutely. But yet obviously, you know, he's out. He's able to go on with his life now. He's a registered sex offender. But is that really stopping him from committing more crimes against children? It's obviously not stopping him from being a major player in the marijuana game.

[Mike Gibson]

Which you would think would be some type of violation of parole back then.

[Mike Ferguson]

Why? I don't know if he was on parole. Well, that's true at this point in time. It had been a number of years. His parole had probably ended. Another search was conducted at the residence in Wales Township in August 2014, but investigators did not reveal details of the investigation. But then on August 19, 2014, the Michigan State Police named 32 year old James Van Callas as a person of interest in the murder of April Millsap. It was reported that he was unwilling to speak to the police. Not a shocker.

[Mike Gibson]

No.

[Mike Ferguson]

Meanwhile, James and his father waived their right to a preliminary examination on the drug charges. Their attorney, Dean Ann Cooney, said, per the Times Herald, my client's home has been raided twice within a two and a half week period, and they're very upset about that. They feel that the police are harassing them, and they feel that they've left their home ransacked twice and now within a short period of time, even though my clients have been cooperative from the beginning. He noted that both his clients had medical marijuana cards that were valid at the time of the search and arrest. Okay. A lot of people nowadays have medical marijuana cards, or did back then. Nowadays, most people don't even need them.

[Mike Gibson]

No, not in Michigan.

[Mike Ferguson]

You know, it's pretty legal in a lot of places. But, you know, even 10 years ago. Right. Having a medical marijuana card, I don't believe gave you the right to have a big grow operation.

[Mike Gibson]

No, I think you were limited what.

[Mike Ferguson]

You could produce and to distribute. I really don't think it was a kind of a free for all license. Yeah, I think, hey, I've got glaucoma.

[Mike Gibson]

Yeah, I have a card. I'm allowed to do this. I just had a little bit extra, so I thought I'd sell it.

[Mike Ferguson]

The following month, Ann Cooney said he expected James to be charged with murder, but believed he was wrongfully targeted. And what else is he going to say as a defense attorney?

[Mike Gibson]

My guy's guilty.

[Mike Ferguson]

Yep. And I think they got the right guy. On October 8, 2014, Macomb County Prosecutor Eric Smith announced that James Van Callis was charged with first degree murder, felony murder, and assault with intent to commit sexual penetration. He told the public, once you clear a thousand tips and so many suspects, and the only thing that keeps popping up is James Van Callis. It just added to the weight that we believe that now we have enough to charge.

[Mike Gibson]

Well, if the common thing is always James, you gotta go with it.

[Mike Ferguson]

Boy, it sounds like they had cleared a lot of potential suspects. The one person they couldn't clear was James Van Cowell. Yeah. The prosecution intended to present physical and electronic evidence as well as eyewitness testimony placing James at the scene. During his bond hearing, an officer told the judge that James ambushed April from behind, using his motorcycle helmet as a weapon, then took her into a wooded area on the trail where she was killed. April's cause of death was asphyxia due to neck compression and blunt head trauma. So, I mean, you know, you just, you feel so horrible for a young 14 year old girl who is not doing anything wrong.

[Mike Gibson]

No. She was just out enjoying the scenic.

[Mike Ferguson]

Walk with her dog.

[Mike Gibson]

With her dog, yeah.

[Mike Ferguson]

And a monster comes along and makes a decision that he's going to do something horrible. An eyewitness saw a man on a blue and white motorcycle speaking to April just before she texted her boyfriend. Prosecutors theorized that April rebuffed Van Callas and he attacked her when she turned around. He attempted to sexually assault her, but was interrupted by a witness who helped create a sketch of the suspect. James mother Brenda Pupi spoke to the Times Herald and maintained her son's innocence after he pleaded guilty to to a drug charge on October 20, 2014. She told the Times Herald, James is a great father. He's a great kid. He wouldn't do this.

[Mike Gibson]

Well, you know moms, they're always going to defend their children.

[Mike Ferguson]

Yeah. I mean, how hard would it be for a mother to come to terms with their child, son or daughter, being a murderer and doing all these really horrible things that, you know, police officers or prosecutors are saying that they did?

[Mike Gibson]

You certainly wouldn't want to admit it because in a sense you could say, you could say reflects on yourself.

[Mike Ferguson]

And I'm sure a lot of mothers of murderers do that. They go back and say, did I do something wrong? What could I have done different? Was it something I did that pushed him or her into doing this? Most of the time I would say no. Now, we have covered quite a few serial killers whose moms have not been the greatest influence.

[Mike Gibson]

That's true.

[Mike Ferguson]

Or dads.

[Mike Gibson]

And they've even said in some interviews their parents are the reason they are the way they are.

[Mike Ferguson]

Yeah, but by and large, I think most people who kill, it's not because of their mom. Right. Their mom didn't do something so horrible, it caused them to kill. You know, folks, for most of my life, banks have been pretty much all the same. Sometimes a little stuffy. You know, they have their fees. But Chime is changing the way people bank. No monthly fees, no overdraft fees. And their app is amazing. They unlock smarter banking for everyday people with products like MyPay, which gives you access to up to $500 of your paycheck anytime and allows you to get paid up to two days early. With direct deposits. You can also earn up to 3.5% APY on savings. That's eight times higher than a traditional bank. And they're rated five stars by USA Today for customer service. If you need to talk to someone, you're going to get a real human 247 this is the way that banking should have been all along, and my younger self really would have benefited from Chime Chime is not just smarter banking. It's the most rewarding way to bank. Join the millions who are already banking fee free today. It just takes a few minutes to sign up. Head to chime.comtcat that is chime.comtcatt Chime.

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[Mike Gibson]

Sure.

[Mike Ferguson]

And if you've already spent 118 days in prison and you're getting 30 days suspended, okay, what do you got, six months or so.

[Mike Gibson]

Yeah. It's not much time.

[Mike Ferguson]

He's going to be in there anyway, you know, waiting on this trial. Former attorney Dean Ann Cooney said James, his father and his mother had medical marijuana cards and and were authorized to grow 12 plants each, but they had 52 plants at their home. They claim they grew additional plants because their initial 36 plants were unsuccessful.

[Mike Gibson]

Those over there, they're no good, though. There's. Those didn't really take very good, so we're not using those.

[Mike Ferguson]

But I mean, you know, we joked about it earlier. He is making a pretty good point. Okay. You're allowed to have 36. You have 52, which technically is above the limit. But it's not like they had a thousand plans. Yeah.

[Mike Gibson]

They weren't like big time producing extra plants.

[Mike Ferguson]

Yeah. And when you talk about distributing. Okay, well, how much are you really distributing if you only have X number of plants? More than you're supposed to. Now, they may not have been smoking any of it and distributing it all. I don't know.

[Mike Gibson]

Yeah, but you're technically either. He's saying they're allowed to have the 36. So is there that much coming off of those other plants that.

[Mike Ferguson]

Well, they don't. Not enough to have a nationwide, you know, drug pushing system.

[Mike Gibson]

No.

[Mike Ferguson]

Obviously. James Van Callis's preliminary hearing for the murder case began on December 15, 2014. Prosecutors added a kidnapping charge that day. But, you know, let's go back to the drug charges for a minute. I just wonder, you know, did they have the younger James Van Callis on their radar for this murder and did that play into the drug charges in any way?

[Mike Gibson]

Potentially.

[Mike Ferguson]

You could get him behind bars right away?

[Mike Gibson]

Sure.

[Mike Ferguson]

While they were still investigating him and trying to shore up the murder charges.

[Mike Gibson]

It's a way to keep them within.

[Mike Ferguson]

Reach and off the streets. Yeah, potentially. Witness Mary Stein testified that April gave her a tight, tense smile as she passed her on the Macomb orchard Trail around 6:25pm on. On July 24, 2014. April was walking away from a man on a motorcycle who looked angry. This man was later identified as James Van Callas. She and her husband thought it was a pretty strange encounter. The following day, Stein heard that a girl was murdered on the trail. So she called the police and I Go back to that description. A tight, tense smile. And I'm taking that to mean like she knew something was wrong by the way this girl was acting, the look on her face. And then over two weeks later, she saw James Van Callis on the news and called the police again to report. That's the person who I saw on the trail. In court, she said she had no doubts about her identification. Two additional witnesses testified to seeing April on the trail with a man on a motorcycle. One of them identified James Van Callas.

[Mike Gibson]

I mean, the prosecution's loving this.

[Mike Ferguson]

Well, you have two positive identifications, and I think that would go a long way with a jury. FBI Agent Matthew Zentz testified that he used April's phone data to reconstruct her route along the trail. Using a fitness app that April had opened while she was walking, he tracked her route and pinned the location where April sent her last text. Minutes after she sent the text, her phone remained in the spot where her body was found for about 15 minutes. Three calls were made from this location. The phone then moved away at a high rate of speed, around 30 miles per hour, to the area where her backpack was found. And then it stopped in a rural residential area where her phone was found on July 25th. And this is the type of technology that we have today and have had for a while now. Right. You think about all of the data that is tracked on your cell phone, and it's quite a bit from location. This is aside from cell towers and what cell tower your phone is pinging off of and all that stuff. There's just so many apps on our phones these days that track our location, where we've been, where we are at any given point in time.

[Mike Gibson]

You're very, very correct there. I mean, I have a fitness app on my phone that I know it will tell you that you have not.

[Mike Ferguson]

Worked out in a long time.

[Mike Gibson]

It's like, hey, get off here. Get off your ass.

[Mike Ferguson]

No, but I get you, right? It'll. It'll track a walk.

[Mike Gibson]

It will, yeah.

[Mike Ferguson]

And then not just where you were, but probably timestamp it as well.

[Mike Gibson]

Oh, it does, yeah.

[Mike Ferguson]

And you think about how vital that type of information is in any investigation. It could be used to tie someone to a murder. It could also potentially be used to clear someone.

[Mike Gibson]

That's true. Yeah.

[Mike Ferguson]

Officer Philip Neumeyer testified that April was found 20 to 30ft from the edge of the trail in a drainage ditch. Her clothing was pulled down, and she had abrasions on her neck and face, as well as bruises and swelling. Some of her teeth appeared to be.

[Mike Gibson]

Dislodged from being hit so hard.

[Mike Ferguson]

Yeah, I mean, we talked about it. The prosecution theorized that, you know, he hit her with his motorcycle helmet.

[Mike Gibson]

Yeah.

[Mike Ferguson]

That's just brutal to think about.

[Mike Gibson]

It really is.

[Mike Ferguson]

James Van Callos was bound over for trial on December 16th. During the second day of the hearing, James's ex girlfriend, Crystal Stadler, testified that on the night of the murder, she woke up to find James cleaning his shoes. He was using a sock and hand sanitizer to scrub off what he said was oil. First of all, I very rarely clean my shoes now. I don't get them dirty because I don't leave the house a lot.

[Mike Gibson]

Yeah, you're just down here.

[Mike Ferguson]

That's one thing. I don't wear shoes a lot. But, I mean, how strange would it be for someone to wake up and find their partner cleaning their shoes?

[Mike Gibson]

Unless it's something they do all the time and you're used to it, you're gonna be like, what's going on?

[Mike Ferguson]

Assuming this is not something you've ever seen them do before at that time of night. And. And what's with the sock and hand sanitizer?

[Mike Gibson]

Yeah, I mean, I know you have this other thing you do with a sock and hand sanitizer, but, you know, again, what does it have to do.

[Mike Ferguson]

With what he's doing with cleaning a shoe? Yeah, right. That doesn't make any sense. Crystal testified that when he came to bet, he said that he messed up and he needs me to stay by his side. Okay, well, yeah, I think if your partner says that to you, you got to be thinking pretty ominous thoughts.

[Mike Gibson]

And I think if he was honest and told her why he messed up, she'd be like, there's the door. Exactly.

[Mike Ferguson]

Don't let it hit your ass on the way out. A key piece of evidence in this case were the shoe prints on April's body. Investigators were unable to find the shoes they believed Van Callis was wearing on the day of the murder. Crystal testified that he was wearing Jordans. But Michigan State Police Sgt. Raymond Peckman said James told the police he was wearing k. Swiss Shoes on July 24th.

[Mike Gibson]

I know you like Jordans.

[Mike Ferguson]

I do like Jordans. And I remember k. Swiss guy kind of being in vogue when I was in high school. I don't. I don't know if I ever owned any. I didn't know that men, A lot of men were wearing k. Swiss shoes in, let's say, the 2014 time frame. Maybe they were, and maybe they still do. Today? I don't know.

[Mike Gibson]

I couldn't afford case with the off brand.

[Mike Ferguson]

J Swiss.

[Mike Gibson]

Yes.

[Mike Ferguson]

Yeah. I knew it was gonna be something like that. How much did you get made fun of, is the question. Husky Jeans and J. Swift.

[Mike Gibson]

Yeah.

[Mike Ferguson]

How well did that go together?

[Mike Gibson]

It was a lot of fun back then.

[Mike Ferguson]

It's a good thing you were. You were a big boy. Yeah. And could handle yourself.

[Mike Gibson]

Now we. Now we know why he carries a K bar.

[Mike Ferguson]

Crystal also testified that on July 25, James asked her to tell the police he was wearing K Swiss shoes the day before. Okay. I mean, what are you thinking if you're Crystal? I messed up. I'm going to need you to stay by my side. Also, can you tell the police I was wearing this brand of shoes?

[Mike Gibson]

Yeah. I'm going to need you to lie for me during this murder case.

[Mike Ferguson]

Sergeant Peckman interviewed James after the police traced a motorcycle parked at a home on Armada Ridge Road to his Wales Township address. James cooperated at first and showed the police his bike, his helmet, and his case with tennis shoes. When the police returned a few days later to get a written statement from him, he was very irate on the phone. Peckman said that he was hollering at me, stating this was a witch hunt, that I could get a written statement, but it would be through his attorney.

[Mike Gibson]

I guess he thought it would just go away.

[Mike Ferguson]

You mean if he showed them his bike, his helmet, his shoes? Yeah, maybe. I'm kind of thinking that, you know, if you're going to lawyer up, is it better to do it right from the beginning? And I think the answer is yeah.

[Mike Gibson]

Yeah, for sure.

[Mike Ferguson]

Van Callis admitted he was in Armada on the day of the murder, but denied any involvement. The defense argued that there was no DNA evidence found on James's motorcycle helmet. Attorney Azar Sheikh said, per the Times Herald, there's nothing that has come back from any lab report on my client indicating any kind of DNA from April Millsap on him. And that would be very hard to do with the viciousness and the sort of injuries that were just alluded to. And I think that is a pretty fair statement. You know, this sounds, as we've described, to be a very horrible attack. You would think, Gibbs, if you're hitting someone with the type of force that we believe James was with a motorcycle helmet, that there would be blood flying, you would find some DNA on him.

[Mike Gibson]

Yeah, you would think there'd be some.

[Mike Ferguson]

Trace or on that motorcycle helmet, at the very least. Eric Cervinak, trace evidence examiner, testified that he analyzed Footwear impressions at the crime scene, and several shoes provided by authorities. April had shoe impressions on her chest, neck, and even above her right eye. The herringbone pattern seemed to match a pair of Jordans purchased by the police for comparison. After the hearing, prosecutor Eric Smith said neither the Jordans nor the hoodie and sweatshirt James was wearing had been found. So, you know, talking about DNA evidence, physical evidence, was it because he got rid of everything he was wearing, he was able to clean up very, very well? Possible. Possible. That day, Van Callas was transferred to a mental health unit. His attorney explained that he might have made a comment about being depressed because he wasn't expecting to be bound over for trial. And, you know, maybe that goes back to something that you said. You know, did he really think that if he just cooperated a little bit, you know, he showed him his bike, showed him his helmet, that he was just going to walk away from all of this?

[Mike Gibson]

Yeah. See, it wasn't me here. So my bike, my helmet's clean. Here's my case list. I'm good, man.

[Mike Ferguson]

And even after the preliminary hearing, it sounds like he thought he was just going to be going home. You know, he was not going to be going to trial, but he was definitely wrong. In January 2015, it was decided that Van Callos would be evaluated for competency and criminal responsibility. In March of that year, he was declared competent to stand trial.

[Mike Gibson]

But you know what? You have to go through that exercise.

[Mike Ferguson]

Yeah, you do sometimes, especially if there's even an inkling that he might not be competent. I don't know what that inkling was, other than his attorney saying maybe he was depressed. During a September hearing, a judge ruled in favor of a defense motion asking for crime scene photos. Prosecutors argued that these photos violated child pornography laws because April's clothing was removed by her attacker. And I thought this was really strange. Normally, you know, prosecutors want to put in or get admitted all the crime scene photos. That shows the brutality. It shows what this person did to the victim. But here they're fighting it, and it's the defense that's putting forth the motion asking for crime scene photos. Well, it came out that the defense wanted an expert to review the photos. They to determine what level of rigor mortis had said and which might conflict with the prosecution sequence of events.

[Mike Gibson]

Well, if they can prove the timing is not lining up the way the prosecution has stated, that would benefit their client.

[Mike Ferguson]

Jury selection began on January 14, 2016. In opening statements, the prosecution argued that the murder was random and occurred after April rebuffed. Van Callis sexual advances on the trail. He hit her on the head with his motorcycle helmet, dragged her in the woods, stomped on her, and beat her to death. He pulled her clothing off because he intended on raping her. The prosecution presented 188 exhibits, none of which included DNA evidence, fingerprint, hair, or fibers.

[Mike Gibson]

It's a lot of exhibits, though.

[Mike Ferguson]

It is, but none of them are including, you know, some of the what we think of as kind of bombshell type evidence to a jury. However, Van Callas was captured on camera on his motorcycle at an Armada gas station before the murder, and witnesses were confident they saw him on the trail. He was also captured by an outdoor surveillance camera riding his motorcycle past a home in Armada. At the same time, April's phone data indicated it was moving at a high rate of speed in the same area.

[Mike Gibson]

Well, it doesn't take a genius to put two and two together.

[Mike Ferguson]

It doesn't. But here again, what you and I are talking about a lot these days is circumstantial evidence. And a lot of cases are tries on a great deal of circumstantial evidence. But then it's up to the jury to make of that evidence what they will. I think it's much different when you have some type of forensics expert say, okay, we found this, this, and this, and the DNA says there's a one in a trillion chance that it's anyone other than this person. You know, this is more, hey, he was in the area. Hey, we got him on camera at a gas station. You've got the phone data. I'm not saying it's not enough. I wouldn't call it a slam dunk. Deputy Medical Examiner Mary Petrangelo testified that April suffered 48 injuries, most of them in the head and neck area, most.

[Mike Gibson]

Likely from the helmet and from the stomping.

[Mike Ferguson]

Yeah, she suffered blunt force injuries. She had bruises, scrapes, and bleeding around the eyes, jaw, neck, the inside of her head, and injuries to her trachea. And I always think about the family as you go through these trials and the prosecution has to lay out, they have to show the jury exactly what happened to the victim. But how hard would that be for the family who's sitting there?

[Mike Gibson]

Be really rough. I just want to get up and beat the guy's ass.

[Mike Ferguson]

Yeah. I mean, if you thought he did it, and the prosecution obviously thinks he did, would be hard to contain yourself. But you're already going through the grief of losing her, and now you're learning exactly what happened to your daughter. I can only imagine how terrible that must be. The same herringbone pattern appeared on her face, neck and upper chest, which authorities said were shoe prints. The deputy medical examiner agreed that the pattern was consistent with a shoe print which indicated someone stood on April's neck. Amanda Police Chief Howard Smith testified that a few tips pertaining to Van Callis related to the composite sketch. Another person said they hadn't seen Van Callis ride his motorcycle in a while, most likely because the authorities had it at that time. Weight loss is hard and aside from people being judgmental, many people say it's just a matter of willpower. Which is not true. Your doctor may not know much about weight loss or GLP1 medications and if you manage to get weight loss medications and it will be expensive, Mochi Health is out to fix all that. They'll match you with a doctor who is an expert in weight loss, someone who has access to state licensed pharmacies that provide weight loss medications at an affordable price and knows how to be empathetic. You have unlimited access to your doctor and unlimited visits with a nutritionist dietitian and it works. On average, mochi members lose 36 pounds in their first year. All told one over 100,000 mochi members have lost over 4 million pounds. They have over 12,000 reviews on Trustpilot and a rating of excellent. It's so easy to get started. Go to joinmochi.com and take a two minute questionnaire to see if weight loss medications may be right for you. Get signed up, choose a doctor and schedule a telehealth appointment for a time and place that's convenient for you. You and your doctor will then craft a personalized weight loss plan and any medications would be delivered directly to your door. Just think about it. Three minutes from now you could be set with an appointment and on your way to a weight loss journey that works. Go to joinmochi.com that's J O I N M O C h-I.com New Year.

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[Mike Ferguson]

Smith testified that authorities canvassed every neighborhood in the village. April's backpack was found. During this search, a resident with security cameras turned over all his video footage, including a video that showed a motorcycle passing by the home around 6:30pm on July 24. Smith told the jury he ordered a pair of Nike shoes in Van Callis size to see if they matched the imprints on April's neck. Lab tests on the tread pattern could not be excluded. And again, we've said it right. They didn't have the exact shoes, but it was said they were very similar to the pair Van Callis often wore. Then I think if you're on the jury, okay, it's known that this guy wears Jordans. Where are these Jordans? Why all of a sudden does he not have them? Yeah, I think that's a thought that would be running through my mind.

[Mike Gibson]

Same here.

[Mike Ferguson]

James's ex girlfriend, Crystal Stadler, testified that she found wadded up human hair and grass in a pocket of the hoodie James wore on July 24, 2014. She found it when she was washing his clothes. A few days later, she put the hair and grass on a sink and never saw them again. The hoodie disappeared as well as the black and white Nike shoes he was wearing when he left on his motorcycle to go to his brother's house in Armada on July 24. And we talked about it. Right. She did testify about waking up to find James cleaning the shoes. So again, put yourself in the mind of a juror. This woman knows what he was wearing that day.

[Mike Gibson]

Yeah.

[Mike Ferguson]

And she is saying, I don't know what happened to the hoodie, but it disappeared. His shoes disappeared.

[Mike Gibson]

Put two to two together, what do you get? More than four? No. Just joking.

[Mike Ferguson]

But not only did the shoes go missing, but so did a shoebox that held Crystal's important papers. The defense emphasized that there was no forensic evidence linking James to the murder. They questioned Crystal's testimony and what she told the police during interviews, Crystal admitted she was nervous about testifying and might not have told the police everything at first because she was scared of James, who she said was controlling and abusive.

[Mike Gibson]

Well, and I don't understand that. Right. If you know that if he finds out that you're cooperating that you could end up paying the price for that.

[Mike Ferguson]

That's a tough decision.

[Mike Gibson]

Sure. And you might hold back.

[Mike Ferguson]

Well, let's face it. Testifying in a trial is pretty nerve wracking on its own. Yeah. And then you add in testifying against a boyfriend who you say is controlling and abusive. I can see why, you know, she might have held back a little bit. The defense also argued that GPS timestamps from April's phone were not an exact match to the times given by the cell phone carrier. The prosecution presented evidence about the search of a computer from the Van Callis home. Some of the searches were how to have sex with a girl, what to do when a girl says she has a boyfriend, and how to attract younger women. And these were all searches made in the months leading up to the murder.

[Mike Gibson]

Very strange and disturbing.

[Mike Ferguson]

Very strange. How to have sex with a girl. What does that mean? I mean, obviously this is a guy who had a girlfriend, Right? I'm assuming at some point he was experienced sexually. So that leads me to believe when he says girl, he means girl.

[Mike Gibson]

Exactly. Not another woman. Girl.

[Mike Ferguson]

And that kind of dovetails into how to attract younger women. The searches were made while Crystal lived in the home, but she testified that she wasn't allowed to use the computer or cell phone and communicated with people via Facebook on her tablet. She left the house on July 29 and did not return. James brother Donald Van Callis testified that James asked him to delete all their text communication in July 2014. He refused to do it. All right, I know I've asked you before, Gibbs, but, you know, you have a couple of brothers, and what would be running through your mind if one of your brothers texted you and said, hey, or just asked you said, hey, please delete all of our text communications.

[Mike Gibson]

That'd be a little concerned, like, why?

[Mike Ferguson]

What have you done this time? Yeah, and obviously there was a reason he refused to do it. Donald testified that he texted home to James at 6:44pm on July 24 to let him know he was getting close to home. James called him several times while he was working. That evening, James was coming to his house to get money for dog food. James rode his motorcycle to the home and stayed for about an hour. Donald gave his brother $60 before he left. He didn't see any blood on his brother's clothing or motorcycle. Two days later, the police came to Donald's house. He wanted to help and was willing to show the police his phone, but not give it to them. And then later, he told the police he lost his phone, which turned out not to be true.

[Mike Gibson]

So not very credible.

[Mike Ferguson]

No. You lose credibility when you say things that are proven to be false. But this Sounds to me like a guy who, at least in some level, is trying to protect his brother. He refused to delete all the text messages, but when it came down to it, he said to the police, yeah, you can look at my phone, but I'm not giving it to you. And then later, he must have changed his mind, because he said he lost it.

[Mike Gibson]

Yeah, I don't have it anymore. I don't know what happened to it.

[Mike Ferguson]

At trial, Donald was asked about James shoe collection. He said his brother owned 15 to 20 pairs and was very meticulous about taking care of them. All right, I might rub some people the wrong way here, but I don't see why a man needs 20 pairs of shoes.

[Mike Gibson]

Oh, I know guys that have 50 pairs of shoes. Not me. I mean, you know me. I have, like, three or four pairs.

[Mike Ferguson]

Right. That's about what a guy needs. Now, there are guys who collect sneakers.

[Mike Gibson]

Yes.

[Mike Ferguson]

Basketball shoes. I get that.

[Mike Gibson]

Sure.

[Mike Ferguson]

But to have 20 pairs of shoes that you're actively wearing.

[Mike Gibson]

Oh, yeah, I don't see that.

[Mike Ferguson]

No, I don't get it.

[Mike Gibson]

I get the collector side, you know?

[Mike Ferguson]

Michigan State Police crime Lab expert Ed Servenak testified that he was asked to compare 11 pairs of shoes to the shoe impressions on April's body. He eliminated 10 pairs. A pair of size 12 Jordan Flight the Power shoes, similar to the ones authorities believe James owned, could not be eliminated, but he also couldn't say that they were an exact match. So, as a jury, I don't know what you make of this, because he's saying, well, I can't exclude it, but I can't with 100% certainty say it's a match. And we can't even say that for sure this was what he was wearing because we don't have. Right.

[Mike Gibson]

So it's kind of like we think this is the shoe, but it might not be the shoe.

[Mike Ferguson]

James chose not to testify, and the defense didn't call any witnesses. In closing statements, attorney Azar Sheikh argued that there was nothing tying James to the murder, and there was no evidence linking him to April. After a review of cell phone data, and I completely understand why the defense would not want James to testify. You know, most of the time they don't, but especially in this case where, you know, again, a lot of the evidence is circumstantial, I think the last thing you want is your client opened up to questioning. It seems as though the defense and calling no witnesses, they're basically saying, hey, the state's not proving their case. We don't have to do anything.

[Mike Gibson]

We feel pretty good about where we're sitting right now.

[Mike Ferguson]

Assistant prosecutor William Cadoldo countered that cell phone data put James in the area around the time of the murder, and witnesses identified him as the man on the trail. He was seen at a gas station in Armada before the murder and was caught on video driving past a home in Armada shortly after. The prosecutor also noted that testimony indicated James's motorcycle helmet was so clean it didn't even have his DNA.

[Mike Gibson]

It's very clean on it.

[Mike Ferguson]

The prosecutor showed the helmet to the jury and described how he used it to beat April before he attacked her and removed her clothing. The prosecutor said it took April about 10 minutes to die. And I'm sure this was something that was really emphasized.

[Mike Gibson]

Sure.

[Mike Ferguson]

Right. You want the jury to feel for this victim and 10 minutes of abuse and torture suffering. Suffering is going to go a long way in your favor. Finally, the prosecutor informed the jury of a creepy video retrieved from James's cell phone. Not only was he filming a 15 year old girl in a car next to him, but he was also wearing the missing shoes. Oh, okay, you don't have the shoes, but you have him wearing them in a video.

[Mike Gibson]

So we know you used to have the shoes.

[Mike Ferguson]

And why all of a sudden do you not have them along with the hoodie?

[Mike Gibson]

And what the hell are you doing taping a 15 year old?

[Mike Ferguson]

I'm sure you had some dads on that jury.

[Mike Gibson]

Oh, yeah.

[Mike Ferguson]

That probably weren't happy about that fact. William Cataldo told the jury that April could have been anybody's daughter. And that's a true statement. But what is its intent of him saying that?

[Mike Gibson]

Yeah, I think you want to have the jury put their mindset that that could have been my daughter.

[Mike Ferguson]

Right. If you let this guy off, next time it could be your daughter.

[Mike Gibson]

Yeah.

[Mike Ferguson]

On February 8, 2016, James Van Callis was found guilty. First degree murder, felony murder, kidnapping, and assault with intent to commit sexual penetration. On March 30, he was sentenced to life in prison.

[Mike Gibson]

Good.

[Mike Ferguson]

Yeah. I mean, if he's guilty, to me, that is a more than fitting sentence. But like I said, I think for the jury, this had to be a little bit of a tough one. They're not dealing with a lot of physical evidence. Now there's a mountain of circumstantial evidence, and obviously, Gibbs, that was enough to get them beyond the issue of reasonable doubt. Van Callis maintained his innocence at the hearing. He argued there was no evidence he committed the crime and no witnesses to positively identify him. He said as quoted by the Detroit Free Press. This is a sad chain of events, this. That somehow I'm wrapped up in. I don't know her. I've never met her. I've never seen her. He called the case a fraud, arguing that he did not receive the requested discovery and that photos of April were different. At trial, he claimed he wasn't able to properly defend himself. Now, what else is he gonna say? Of course, you know, he's not gonna come out and say, yeah, I tried my best, but they got me, and, you know, they did a good job, and I actually did all the things they said I did. April's mother, Jennifer Millsap, said in her victim impact statement, per the Times Herald. You, James, are a damn thief. You stole my beautiful daughter's life, and you stole the rest of mine. My life has totally changed since April was killed. My life will never be the same. I will always miss April and will and will continue to hold her in my heart. I never thought this could happen to my daughter or to me.

[Mike Gibson]

Unimaginable to go through something like that.

[Mike Ferguson]

Yeah, but I really want to focus on her words. Yeah, he did steal a beautiful daughter's life.

[Mike Gibson]

He did.

[Mike Ferguson]

But he also wrecked and changed a lot of other people's lives associated with. Sure did with her. And, you know, you have Jennifer saying, my life will never be the same. There is absolutely no doubt about that. When your young son or daughter is murdered, your life can never be the same. It doesn't mean that you can't and won't have moments of joy and happiness. But, you know, most people say there's not a day that goes by that they don't think about their murdered loved one.

[Mike Gibson]

I would think it'd be a tough, tough road to get back to any sense of happiness.

[Mike Ferguson]

Yeah, absolutely. James's mother, Brenda, shouted as he left court. James, we love you. We'll get you out. We will. She told the press that the police better keep working because they have the wrong person, and they know it. So two mothers at complete opposite ends of the spectrum. Now they both love their children.

[Mike Gibson]

Sure. Yeah, I get that.

[Mike Ferguson]

One who's lost A daughter believes 100% in this man's guilt, but his mother believes 100% in his innocence.

[Mike Gibson]

And to her, she lost a son.

[Mike Ferguson]

And she'll never stop fighting to get him out. The Michigan Court of Appeals affirmed the conviction in sentencing on January 9, 2018. Van Callis then filed an application for leave to appeal with the Michigan Supreme Court, which was denied. In September 2018, the Michigan Supreme Court did remand the case back to the Court of Appeals to consider whether James trial attorney was ineffective. But in December 2018, the state court of Appeals affirmed the conviction again. Van Callas then filed a second application for leave to appeal to the Michigan Supreme Court. Van Callis argued his attorney was ineffective for failing to challenge the admissibility of computer generated animation, failing to object to the prosecution's closing argument, and failing to present a crime scene expert or private investigator at trial. James application was rejected in July 2019. Again, I don't blame a person for using all the routes available to appeal. I also don't blame some of the courts for rejecting those appeals.

[Mike Gibson]

Sure, yeah.

[Mike Ferguson]

You know, you got your day in court. You got a jury of your peers. They heard everything.

[Mike Gibson]

They did.

[Mike Ferguson]

Now, do they get it right 100% of the time? No, there's no way that they can. It's not an infallible system.

[Mike Gibson]

No, they make mistakes.

[Mike Ferguson]

We know that, but they do their best. And there was a lot of compelling circumstantial evidence that he and he alone was the person who had the opportunity to commit this crime.

[Mike Gibson]

Yeah. I mean, you have eyewitnesses seeing him.

[Mike Ferguson]

There on the trail, but no eyewitnesses seeing him do it.

[Mike Gibson]

No.

[Mike Ferguson]

And, you know, like we said, I think the downside to the prosecution's case was that they didn't have the forensic evidence that a lot of juries, especially nowadays. L. Right. DNA, hair, fibers. Show me all the things that I see on CSI and all the television shows that prove without a doubt that this person did it.

[Mike Gibson]

Hey, if he didn't do it, what a tragic event for him and his family. Yeah, but if he did do it, and the jury believes he did, then he's right where he needs to be.

[Mike Ferguson]

Yeah. And again, I don't know the exact make up the exact percentage, but I would say a majority of cases center around circumstantial evidence.

[Mike Gibson]

Yeah, sure.

[Mike Ferguson]

But here's the question. Why didn't they have any physical or forensic evidence? Right. Is it because he got rid of the shoes he was wearing that day? He got rid of the hoodie he was wearing. He cleaned up his motorcycle helmet to the point where not even his DNA.

[Mike Gibson]

Was on it, which you would think would be impossible. I mean, I walk in here and leave DNA every time I'm here.

[Mike Ferguson]

Yeah, I think we, you know, we are all leaving DNA all over the place. You know, some of us different types. But, you know, it's one of those things where if you put a helmet on Your head, there's hair, there's skin cells, there's all kinds of things that are going to be inside that helmet. Why would someone clean the helmet? Maybe that's their routine. They do it every so often. But when you do it right after someone is murdered and you're the one put on that trail, then it takes on, I think, a bigger level of significance. It doesn't just seem random.

[Mike Gibson]

No. Pretty suspicious.

[Mike Ferguson]

It seems like you did it on purpose and for a very specific reason. So they didn't have all the forensic evidence, but they did have strong circumstantial evidence tying James Van Cowles to the crime scene. And they had these really confident eyewitnesses who felt certain he was the suspect. So, you know, when it was all said and done, the jury heard everything. And you know, like I always say, you got to go with the jury unless it's proven later on that they just absolutely got it wrong.

[Mike Gibson]

Yeah. I mean, the jury found him guilty, the court appeals rejected his appeal, and the Supreme Court didn't even want to.

[Mike Ferguson]

Hear the case, which is not very unusual. Right, right. State supreme courts, and especially the US Supreme Court, they hear such a small fraction of a percent of, of all the cases that are put before them.

[Mike Gibson]

Yeah.

[Mike Ferguson]

But no doubt this was a very brutal and devastating murder. A 14 year old girl lost her life and you know, you had family and friends who were devastated and like we said, their lives will never be the same. No, that's the aftermath and I think it's much more wide reaching than we can ever realize. You think about, yeah, I get it. She was only 14 years old, but how many people had she touched in her lifetime? Yeah, probably a lot. And all those people are devastated. But that's it for our episode on James Van Callis. We got some voicemails. You want to check those out here?

[Voicemail Callers]

Hey, this is Lori from outside of Kansas City, Missouri. Again, I am re listening to all your podcasts and I was listening to the one about Lawrence Singleton who cut that poor girl's arms off. And you said at the beginning he didn't have any major crimes against him, just like contributing to the delinquency of a minor. Well, I bet you back in the 70s that was something serious like raping a teenager. And they got it down to contributing to the delinquency of a minor because, you know, they're idiots. But love you both, have a great day and keep your own time. Ticket.

[Mike Ferguson]

All right, thanks for the voicemail and that's a great take. It could be Good. We've seen a lot of strange things from the 70s and, and that time frame.

[Mike Gibson]

We sure have.

[Mike Ferguson]

But I guess probably while we were doing the episode, when you think of contributing to the delinquency of a minor, you think like someone gave them some alcohol or something like that. But in the 1970s, it could have been way worse. And you know, he pled down to that.

[Mike Gibson]

Exactly. Yeah.

[Mike Ferguson]

So great take.

[Voicemail Callers]

Hi, my name is Megan. I'm from Gloucester, Virginia. And I'm calling in because I was just listening to the Bernard Finch and Carol Tregoff intro and I thought it was funny when you said you had never heard of the strange turn of events when the husband and wife married and their former exes ended up marrying as well. And I thought it was a fun trivia fact that in modern day history this is actually exactly what Shania Twain did when she and her husband divorced. She ended up marrying the ex of her ex husband, former wife. So I thought that was a funny trivia fact. And it was the first thing I thought of when you were talking about it and said you had never heard of such an incident happen. So remember to watch your back and keep your own time ticking.

[Mike Gibson]

All right.

[Mike Ferguson]

Another great voicemail. I did not know that.

[Mike Gibson]

I didn't either. And I mean, I don't know why Shania didn't ask me.

[Mike Ferguson]

I don't either. Because I'll be honest with you, I was in absolute love with Shania Twain.

[Mike Gibson]

Yeah.

[Mike Ferguson]

When I was like in high school or. And you know, before my. I met my wife, obviously, you know, 18, 19. I don't remember exactly when she was big. I feel like I was in high school or just out of high school.

[Mike Gibson]

Big for a long time, man.

[Mike Ferguson]

Yeah, but she was, she was not only an amazing entertainer, but she was gorgeous.

[Mike Gibson]

She was and still is.

[Mike Ferguson]

Yeah, I saw a documentary about her and, and her stage fright and stuff like that and it was, it was really interesting. But you know, she married this guy, Mutt, which I always thought was such a Mutt. Lang, I think was his name. Producer, he was famous and. But I always thought that was such a strange name. I did not know that after their divorce, she ended up marrying his ex wife's husband.

[Mike Gibson]

Something like that or something.

[Mike Ferguson]

Yeah, I'll have to look that up.

[Mike Gibson]

Yeah.

[Mike Ferguson]

All right, buddy. That is it for another episode of True Crime all the Time. So for Mike and Gibby, stay safe and keep your own time ticking. Sa.