(Ryan Ferguson)There's a girl shot in the facein a cemetery.
(Eva Nagao)Three, four years later,
Kelly comes forward and says,"I have a new story."
They told her to tryand convince me to admit to it.
(Dr. Robert Leonard)Not only are thereinconsistencies
between the 1997and the 2000,
within the 2000 statement,we have quite a number
of internal contradictions.
(Ryan)You're left wondering,is she inconsistent
because she's beentraumatized?
(Eva)You can also imagine
if somebody's justshot your friend in the face...
(Ryan)Or because she's been lying?
♪ They saya lot of things ♪
♪ Who's to say... ♪
(Ryan)As we near the endof our final two cases,
we're stilltrying to determine
if there was trulyenough evidence
to convict either Byron Caseor Kalvin Michael Smith,
and now we have a chanceto get some answers
in the Byron Case investigation
from the person who is closestto Anastasia-- her father.
This is a tough one.
I mean,this is her father.
It's gotta beextremely rough on him,
extremely roughon his family.
to lose your daughter
and to lose your daughterin a violent fashion.
How do we approach him?
I think as delicatelyas possible.
I don't think that wewould bother him
or his family if it wasn'tan important part
of the investigation.
Hello. Good afternoon,Mr. WitbolsFeugen.
Good afternoon.Eva Nagao.
Eva. Pleased to meet you.Ryan Ferguson.
Ryan. Pleased to meet you.
Thank you for your time,Mr. WitbolsFeugen.
I'll just saythat it's really
a special opportunityto get to sit down with you,
so we thank youfor coming out.
Okay. Thank you forinviting me, then.
It would be nice for usto just hear
more about the personthat Anastasia was
and the daughterthat she was to you.
Anastasia hada lot of potential.
Um... I wish I couldhave done something
to obviously changehow her life ended.
But the way she livedher life, I'd say,
she was well on her way to beable to take control of it,
so I was very happy.
Even early on when, you know,when the police are positing
this murder/suicide theory,
it's somethingthat you don't accept
because-- because you knowJustin, you know Anastasia.
How early did youkind of decide
that Byron was,you know, the defendant
that they needed tolook into in this case?
Within a week.
Because that's when they'restill looking at thisdifferently...
Mm-hmm.The sheriff's department is.
Well, I lookedspecifically at a statement
such as, it's more thanlikely a murder/suicide.
That doesn't fit.
They say Justinshot himself
with a gun that he'dpurchased the next day,
so it was differentthan the gun
that Anastasiawas shot with.
If he had been the personto commit the crime,
you'd wonder, what happenedto the gun you had?
Uh, it just doesn't seem tosit just quite right.
Mm-hmm. I thinkit might be helpful
to just walk through,
kind of,the events through--
through your observationsand your eyes.
Lead us through whatthat late afternoon
was like for you and whatcommunications you had.
I talked to Anastasiaon the phone
at about 4:30in the afternoon.
She said that she hadplans for that evening,
and I said, "Okay."
And, as it was,
I was coming homelate that night.
I was--it was almost 9:00.
When I came home,there are things
that I saw, and I said,"Anastasia's been here."
As far as I know,she came home,
which reallycomplicates the story
that was initially told.
(Ryan)If Anastasia did come homeat some point that evening,
as Bob believes,
it's odd that Kellyfailed to mention that
in any of her statements.
It's not important,I guess,
in the big schemeof things.
The cruxof the prosecution
was built on the caseof the tacit admission.
The eyewitness testimony
with the actualcorroborated evidence,
pretty much everything elsewent out the window.
It won't do any goodto hate him.
I'm sure that there'sparts of himself
that he hates himselfright now,
and there's no amountof ugliness or terror
or any kind of scolding
or punishment I couldgive him that's worse
than what's probablyalready been done.
He's got timeto figure it out.
I get to move on,
see whattomorrow brings,
something that Anastasiadeserved too.
Hey, are we done?
Yes, we are. Yeah.
That's a good noteto end it on.Okay.
(Ryan)My heart goes out to Bob.
It's clear that he stillcarries the pain
of losing his daughter,
but there's a differencebetween believing
someone is guilty
and being able to provebeyond a reasonable doubt
that they actually are.
What's really interestingis he's certain
that she went home,and that really, I think,
goes against Kelly's story.Yeah.
But he's very positiveabout that.
If you're sitting in RobertWitbolsFeugen's shoes
and you are satisfied
with the convictionof Byron Case...
That's all that matters.
The rest of the detailsare irrelevant.
As long as she'swilling to say that,
he's willing to let it go.Yeah.
He's just trying to findsome sort of answers
to explainthis awful thing
that happenedto his daughter.
(Ryan)We followed every lead
and reexaminedthe forensics,
and the final two pieces
come down to Byronand Kelly themselves.
Kelly has declinedour request
for an on-camera interview.
However, after the first episodefeaturing Byron aired,
Anastasia's godfather postedthis message to Facebook,
which he says is from Kelly.
Among other things,Kelly said she knew
Byron was going to paint herin a certain light
but that nothing could compareto the torment she went through
"after seeing that poor girlshot by an ex-classmate
she thought she knew."
Kelly said Anastasia...
and that thought has kept herawake at night for years,
and she added...
So, Kelly's stickingto her second statement,
that Byron's guilty.
Unless Kelly changes her mindabout speaking to us,
this is the closest we'll get
to hearing her sideof the story.
But Byron is willing to talk.
I'm headed to CrossroadsCorrectional Center,
and I've been wanting to meetByron for quite some time.
You don't know, by lookingat the facts of this case
if Byron's innocentor guilty.
So talking to Byron isan incredibly important part
of investigating this case,so now I'm going in there
to ask questionsthat need to be asked
knowing he's got toanswer those.
Good to meet you, man.Good to meet you.
Heard a lot about you.Yeah. Same.
All right, thank youfor taking the time
to, uh, comeand speak to us.Absolutely.
I've heard a lotabout this institution.
I know a lot ofpeople in it.
You beenanywhere else, or...
No, just here, 14 years.
You know,this whole experience
has been a real lessonin sort of detachment.
You know, letting...letting go of stuff.
Like, so, as faras emotions go,
I mean, obviouslypeople have commented
on your emotions.
You might have heardthat one before.
Yeah. I've never been really...
a demonstrative person,
you know, just wearing my hearton my sleeve kind of guy.
At trial, I'm sure that wasprobably an issue for me.
Some people mighthave thought, you know,
oh, well, you know,
he's not showingany emotion, or, uh,
you know, or the waythat he said that,
it doesn't sound likesomebody who cares.
By the timeI got to trial,
I'd been already talkingabout it for over a year,
and it wasn'treally rehearsed.
It had just been repeatedso many times
that it justcame out that way, so...
Um, obviously, one ofthe banes of your existence,
(Kelly on phone recording) If you could seriously explain to me
as to why to actually felt the need to kill her,
then that would really help me feel better
about the whole (bleep) thing.
(Ryan)Why is it that you say,
"We shouldn't talkabout this"?
When my attorneyfirst came and told me
that they had thistape-recorded conversation
between Kelly and I,I racked my brain.
And I could not,for the life of me,
figure out what was so importantabout this phone call.
This was the sortof conversation
that I'd had with her
I couldn't even tell youhow many times.
Has she ever saidthese things before?
Has she ever accused you?
From the beginning,she starts ranting.
I didn't know thatshe was... high or drunk.
Uh, I didn't know whather state of mind was.
But when she starts in...
And you can seeon this transcript,
this is a hugeblock of text,
she's just going onand on and on.
Do you remember what you wouldhave been responding to,
saying, "We shouldn'ttalk about this"?
I think it was justthe entire conversation.
Half of this conversation,I was laying there in bed
with the phone off to the side,just rubbing my face
and just tryingto sort of wake up
and get a handle on,why am I even listening to this?
Why haven't I hung up?
Um, and I think thatthat's just me
endeavoring to get heroff the phone.
On October 22nd,
what do you thinkactually occurred?
If the story works,as you say,
and she gets out of the car,if she does walk home,
what occurs next?
Justin must've gone out
and, and they must'vemet up somewhere.
And then they ended upat Lincoln Cemetery.
So you think that Justinand Anastasia were together
when she was shot?
I do.I don't...
I don't know what elseyou can think.
With them, there was kind ofa darker element to it, maybe.
There was a lotof speculation
just among peoplewho knew them
that they might've hadsome sort of, um...
you know, suicide pactor whatever, but--
And I could see themhaving some sort of
crazy, stupid, ridiculous,impulsive, immature plan.
I-I think it wasalmost certainly
a mutual thing.
But it is possiblethat he could havepulled the trigger
but not as murder,more as... suicide.
Maybe, I don't...I don't know.
So, I mean, we're basicallyat the end of it.
Do you haveany questions for me?
Well, I mean, I'm obviouslyreally curious about
stuff that you guyshave found out
during the courseof the investigation, but...
I mean, to me, what we foundis, is, is frustrating
because there's,there's no hard solid evidence
one way or the other.Right.
But I can tell you,looking at your case is,
I don't thinkyou should be here.
Well, that makes two of us.
The trial wasa miscarriage.
You know, the weightof the evidence
doesn't supportthe conviction.
Which is really cold comfort.
You know, I preferto hear that people
see right throughKelly's story
and, and they, and they seethrough the attempts
to bolster it with this,you know, so-called "evidence"
that the prosecutionintroduced.
But that is it.That's the reality, right?
If this story is BSthat Kelly's telling,
you're just as innocentas the person standingnext to you.
True, true, I never thoughtof it that way.
It's good talking to you.Good finally meeting you.
Appreciate your time, man.Yeah, and yours.
Take care.You, too.
I mean, I thinkhe has good answers
for the test of admission.
It is strange still,you know.
But it made,it made some sense.
You know, I mean, I couldsee how it could fit.
But ultimately,you don't know
by looking at the factsof this case,
if Byron's innocentor guilty.
Because there's just no facts
that can point youin one direction or another.
And that's what's so,so frustrating.
Because if you're going to takea person's life away,
you want the evidenceto prove guilt...
beyond a reasonable doubt.
(Ryan)The question about Byron's guiltor innocence
and the believabilityof Kelly's statements
can be debated over and overand over again.
But Byron has already hadthree appeals denied.
So Cyndy's options are limited.
Yeah, nice to see you.
From your investigation,is this an unreliable verdict?
It's not consistent with guiltbeyond a reasonable doubt.
It's obvious thathe does not belong in prison.
There's a weird phone call,
and then there's Kelly.
(Eva)Even people who believeByron is guilty,
like Anastasia's father,
recognize the inconsistenciesand the flaws
in Kelly's statements.
(Ryan)However, just because Kellygets details wrong
doesn't automaticallymake her story false.
But it's a good demonstration
of what I talk aboutall the time.
Eyewitness testimonyis inherently unreliable.
And to have an entire casebased on that
is a convictionI can't have any faith in.
His conviction does nothave integrity,
and every single thingeveryone has said
in this investigationconfirmed that.Right.
And you have this blank spotfor Justin
where we literallydon't know where he is.
Can't all dismiss it.Mm-mm.
I think that would beyour number-one lead.
It's the same mistakes you seehappening at his trial
you can see happening,happening now
as people evaluatehis case.
Is this a cold person?
Is this a personcapable of murder?
This is nota personality contest.
Well, when you haveno evidence,
it turns intoa personality contest.
I remember when I was goingthrough trial,
people thought I was veryunemotional and cold.Mm-hmm.
I mean, you have taken my lifeand trapped me inside
with the lights always on,lack of sleep, lack of food,
and so you're emotionally spentby the time you get to trial.
I mean, I think for someonelike Byron,
you just want to be heard.
You know, just somebodylisten to me.
We're gratefulthat you have done that.
If you can bring the newinformation that we have,
the linguistics informationfrom Dr. Leonard,
the interviews,any of this new stuff,
can he poke sufficient holesin Kelly's story,
in the tacit admission,to get this back in court?
I don't know.
I don't know the answerto that.
It's very hardto get back into court.
There's no easy pathwayright now.Yeah.
People might say,there's nothing to saythat he's innocent
so maybe he shouldn'tget out.
But there's nothing to saythat he ever should have been
in prison to begin with.Right.
Our failure to, to reallyapply reasonable doubt
the way it should be appliedin these trials
puts your neighbors at risk,your siblings at risk.
That imbalance causesa lot of wrongful convictions
and a lot of sentences thatshouldn't be handed down.
And that leaves peoplesuch as Byron sitting there,
you know, tryingto prove his innocence
when somebody else should haveproved his guilt.
And that didn't happen.No.
It's a tragedy.
I mean, it's reallya tragedy.
(Ryan)Even though it's clear Bryonshouldn't have been convicted,
we may never knowif he's truly innocent.
Ah, it's just...it's difficult
because you want more answers
about, you know,Byron's innocence or guilt.
But I mean, the factof the matter is,
it's not like there'sa whole lot of new evidence
in this case.
(man)Free Kalvin now!
(crowd)Free Kalvin now!
This is probably oneof the more egregious cases
that I've seen of justa poorly done investigation.
Even some of the assistantdistrict attorneys
referred to confessionsthat he obtained
as D.R. confessions.
D.R. Williams seemed to havea habit of trying to get people
to admit to being somewherein the area
and then ratcheting that upinto being a "confession."
Not about Kalvin.Not about his daddy.
It's about justice.
No justice, no peace!
Me being in here is not onlyan injustice to me,
it's an injusticeto Jill Marker.
'Cause the personthat did this to her
has never been accounted for.
(Ryan)After months of work,
there's still a few peoplewe need to speak to
in the Kalvin Michael Smithcase.
Hello.Hey, how are you?
(Ryan)This city of Winston-Salemhas Sergeant Chuck Byrom,
one of their formerInternal Affairs investigators,
to head up an investigationinto how this case was handled.
Thank you so muchfor meeting us here.
So where do we begin?
I think, chronologically for me,it makes sense
to talk abouthow you were chosen
to be a part of thisinvestigative team.
I was assignedto the Internal Affairs,
or they call ProfessionalStandards Division,
to do the reviewof the Silk Plant Forest
for the city of Winston-Salem.
(Eva)What is the next step?
How do you go aboutthis investigation?
We start from square one.
We look for allthe documentation
from interviewsthat the officers did,
from the officerswho responded to the scene
to the detective who ultimatelywas assigned the case,
There was an editthat came down
from the districtattorney's office
that any cases thatD.R. Williams involved in,
you are to takea second look at.
Because a lot of statementswound up being... confessions
when they really weren'tconfessions.
They were just statements.
And that makes the districtattorney look kinda bad
when, of the sevenor eight interviews
that they didwith Eugene Littlejohn.
It's kinda like a moviedirector and an actor.
You don't say whatI wanted you to say
or how I want you to say itthe first time, cut, take two.
Take three, take four.
Ultimately, it ledto seven or eight takes.
If you question those items,you have to question
everything elsethat these guys did
during the courseof this investigation.
(Eva)Is there any credible evidenceagainst anyone else?
Kenneth Lamoureux is dead.
He still makes a better suspectthan Kalvin Michael Smith.
Was there enough evidence tocharge Lamoureux at this time?
My personal opinion,they would not have
to had donetoo much more,
uh, outside of lettingsomebody other thanD.R. Williams interview him.
Because the thing betweenLamoureux and D.R. Williams
was kinda like the blindleading the blind.
And I'm being nice.
(Ryan)When you look at D.R. Williams'sinvestigation of Ken Lamoureux,
there are severalinconsistenciesin Ken's statement
that make it remarkable to think
he was ever droppedas a suspect.
He was there.
He had a history.
He had been stalkingother women.
They wrote reportsabout it
because the women made itknown to the police department.
But did they follow up on it
as diligentlyas they should have? No.
In your interviewswith the officers
about the investigationof this case,
did you get any closerto that question,
why was therethis tunnel vision?
The short answer is no,the long answer is no.
Once they felt likethey were being attacked,
there were certain officerswho were saying,
"You guys better knowwhat the hell you're doing
because we're gonnasue your asses,"
and this and thatand so forth,
to try to put fear in usnot to look into the case.
So you're doing your job,
the job that you weregiven to do...Yeah.
...and the peopleyou were working with,
they didn't like whatyou were doing.
No, they felt likeI was workingfor Kalvin Michael Smith.
No, I'm working for the samepolice department
you're working for.
But I'm tryingto get to the truth.
I already got one strikeagainst me
for beingin Internal Affairs,
or the Rat Squador whatever.
But then, when I go after
looking into an investigationthat was screwed up,
that just gives them morereason to circle the wagons
and protect themselves.
The fact, I guess,is lost on them,
this isa human being's life?
Well, it's kinda like, um,what was said, you know,
"If," uh, "If he didn'tdo this, um,
the nigger did something."
The system is set upto be adversarial.
It's about wins and losses,and that's sad.
Thank you so muchfor sitting down.
You're very welcome.You're very welcome.
And you look familiar to me,but I just don't know how.
I wanted to reallyshake your hand.
I'm not gonnalet go for a minute.Okay.
Because I really appreciateyou as a human being.
Picking those scabs.Yeah.
There's not many peopleI respect more than you.
I appreciate that.Because I spenta decade in prison
for a crime I hadnothing to do with.
I had a 40-year sentence.I was exonerated.
And no one like youexisted in my case.
Really?And I would've loved to havemet someone like you.
I had a great family,great attorneys,
but thank you so muchfor doing what you do.
I'm sorry to hearabout, you know,your situation, but...
But how do you know me?
I don't know,I'm thinking you look like
some daytime soap opera staror something, I forget.
I forget the guy's name,I'm sorry.
I didn't mean to...That'll work, too.
That'll work, too.
(man)♪ Free ♪
♪ Free to be found... ♪
(Ryan)Throughout our investigation,
the name D.R. Williams hascome up again and again
as one of the central figures
in the case againstKalvin Michael Smith.
We are out herein the boonies
trying to find the leaddetective in this case.
D.R. Williams's actionsin this case,
when you talkto the witnesses,
when you look at the expertswho have reviewed it,
his actions seemindefensible.
But he should be giventhe chance to explain himself.
(Ryan)We've heard that D.R. Williamshas been hostile
and uncooperative to peopletrying to speak to him
about this case.
(Eva)We're gonna go ontohis property and ask
if he would like to commentabout this case.
We have an ex Winston-Salempolice department employee,
you know, actingkind of as security.
(Ryan)Good to see you again.
Doing all right?
We asked our security guardto introduce us
and hope that D.R. Williamswould agree to talk.