Transcript of Chasing The Devil - Franklin, Louisiana

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Episode summary

This episode of Small Town Murder examines the 2001 killing of Troy Salone in Franklin, Louisiana, a case that began with a tense confrontation between former partners Donald Leger and Kimberly Zimmerman over a home pregnancy test. The hosts trace how the dispute escalated into a kidnapping, a shooting in a trailer, and a high-speed chase that ended at a police station.

They walk through the police interrogations, the disputed confession, the trial and the Louisiana Supreme Court review that followed. The hosts also offer background on Franklin itself, including its history, demographics and local economy.

Listeners will hear how the case unfolded and how the courts handled questions about police conduct, self-representation and the death penalty. The discussion is comedic in tone, but the hosts describe the crimes and the victims' suffering seriously.

In this episode James Pietragallo, Jimmie Whisman

This episode's transcript for the Franklin, Louisiana case was made with HappyScribe's note taker for online meetings technology.

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This week in Franklin, Louisiana, an awkward meeting between an ex-couple leads to chaos, carnage, cold-blooded murder, a 100-mile-an-hour chase, and a survivor who can only be described as a living miracle. Welcome to "Small Town Murder." Hello everybody, and welcome back to "Small Town Murder."

Jimmie Whisman00:00:33

Yay!

James Pietragallo00:00:35

Yay indeed, Jimmy. Yay indeed. My name is James Petrigalo, and I'm here with my co-host.

Jimmie Whisman00:00:39

I'm Jimmy Whitman.

James Pietragallo00:00:41

Thank you, folks, so much for joining us this week on another absolutely wild, crazy edition of "Small Town Murder."

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Yeah.

This is one of those just crazy, it just keeps unraveling into more and more chaos.

Sure.

Crazy stuff. Can't wait to get to that. Before we do, head over to shutupandgivememurder.com, get your tickets to live shows, everybody. Let's do this. Our next set of shows is October 16th in San Jose and the 17th in Sacramento. Get those.

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Goddamn it.

Right now.

Fill them up.

Fill them up. And by the way, they'll be different shows. So if you want to go to both shows, you're going to see two completely different shows. So do that. Feel free. And then also, Terry Town just about sold out. Maybe a couple tickets left there on November 13th. November 14th, tickets available for Boston or Medford, right outside Boston at the Chevalier. Get those right now and come see us. We cannot wait. Again, different shows there too. So do that. Come out and see us. Shut up and give me murder.com. Listen to our other shows, "Crime in Sports," which you don't have to listen to. You don't have to like sports, first of all.

No.

And the show we just did that's out, "Verpy Butt," is a Finnish, like American Gladiator, but the Finnish version. And her crimes are their small town murder worthy.

That's her name.

That's her name, Verpy Butt.

That's somebody's name.

And then your stupid opinions is just hilarious. If you want to laugh for an hour, that's a good place to do that. Also, get yourself Patreon. My God.

Yeah.

Patreon.com/crimeinsports, just like the name of our other show there. All you have to be is 500 or 500, $5.

$500,000.

$500,000 a month, everybody. It's a very exclusive group that get our content. $5 a month or above, and you get every damn thing we put out. Everything. As soon as you subscribe, you're going to get almost 400 back bonus episodes you've never heard before. New ones every other week, of course, including one "Small Town Murder," one "Crime in Sports," and you get them all. This week for "Small Town Murder," since it's October, we are going to talk about scary movies. We're going to talk about.

Oh boy.

The best and our favorite horror movies. I am not a huge horror guy, so there's a few that I like and a few that I don't like. But Jimmy loves horror too, so we'll get into all that shit.

So much.

And that'll be fun. We've never done that before, and people have asked us to talk about scary movies.

Did you ever have.

So let's talk about scary movies.

A time when you were scared of scary movies?

No, I just didn't give a shit about them ever.

Oh.

I didn't care.

It fucked me up.

Oh, really?

It's good.

No, I just didn't, I don't know, just didn't strike me as anything. I mean, I liked them when I was a kid. They were fun and everything, but like.

I didn't have to suspend disbelief, James. I believed it was sad. It was very embarrassing.

James Pietragallo00:03:18

So check that out. Patreon.com/crimeinsports. And in addition to all that, you also get everything we put out all ad-free with your Patreon as well. I mean, that's everything too. "Crime in Sports," your stupid opinion, "Small Town Murder," and you get a shout-out at the end of the show.

Jimmie Whisman00:03:34

You bet.

James Pietragallo00:03:34

So it's all there. That said, disclaimer time, everybody.

Jimmie Whisman00:03:38

Here we go.

James Pietragallo00:03:38

This is a comedy show. We're comedians. We're going to make jokes, and horrible murder is going to occur because that's the show.

Jimmie Whisman00:03:45

Oh, sure.

James Pietragallo00:03:45

So you go, well, how does that happen? Why do you do that? How does that mix? Very easily, actually. There's a real easy way to do that because there's plenty to make fun of. You can make fun of a small town because we're all from somewhere that deserves to be made fun. Who doesn't have a sense of humor about yourself? Lighten up.

Jimmie Whisman00:04:00

Right.

James Pietragallo00:04:00

You know what I mean? Or let's say some police force screws up and lets a murderer go free to murder more people. I think we can mock them a little bit. That's pretty bad stuff. And we also make fun of murderers.

Jimmie Whisman00:04:11

Why not?

James Pietragallo00:04:12

Because we're comedians. What else can we do? We can't do anything to them other than make fun of them. And I feel like while you're sitting in a jail cell, to have two guys like us mocking you can't help your psyche at all. So that's something.

Jimmie Whisman00:04:23

Probably hurts a little.

James Pietragallo00:04:24

But what we don't do, what we never do, is we never make fun of the victims.

Jimmie Whisman00:04:27

No.

James Pietragallo00:04:27

Or the victims' families.

Jimmie Whisman00:04:29

Why?

James Pietragallo00:04:30

Because we're assholes.

Jimmie Whisman00:04:32

But.

James Pietragallo00:04:32

But we're not scumbags. See, that's how it works. It's real simple. It's a real easy way to do that. And if you think that sounds good to you, man, are you in for a wild ride today on a crazy show. If you think true crime and comedy should never, ever go together.

Jimmie Whisman00:04:44

Wow.

James Pietragallo00:04:44

I don't know what to tell you. Maybe we're not for you, but I'd give it a shot just in case. It may not be exactly what you think it is. So that said, I think it's time, everybody, to sit back.

Jimmie Whisman00:04:52

Oh, boy.

James Pietragallo00:04:52

What do you say here? Clear the lungs, as I've been doing for two weeks since I've been sick. Clear the lungs here. What do you say? Arms to the sky. Let's all shout.

Jimmie Whisman00:05:04

Shut up and give me murder.

James Pietragallo00:05:11

Let's do this, everybody. What do you say?

Jimmie Whisman00:05:12

Okay.

James Pietragallo00:05:13

Let's go on a trip, shall we?

Jimmie Whisman00:05:15

Where are we going?

James Pietragallo00:05:16

Louisiana, everybody.

Jimmie Whisman00:05:18

Yeah.

James Pietragallo00:05:18

We are going down to Franklin, Louisiana. That's Franklin with an I, not an Y.

Jimmie Whisman00:05:24

Is it near Baton Rouge?

James Pietragallo00:05:25

It's southern Louisiana. We'll get to where it is here, but it's the actual little tiny nook of a place kind of inside Franklin that this takes place is Verdunville, but it doesn't have its own stats or anything because it's kind of the addresses are all technically Franklin. So we just leave it as Franklin. This is in southern Louisiana. It's about an hour 45 to New Orleans. So then if you go kind of up, it's about two hours to Baton Rouge, something like that. About four hours to Houston in the other direction.

Jimmie Whisman00:05:54

Holy.

James Pietragallo00:05:55

Yeah. And an hour 45 to, what was it, La Place? Is that how you said it? Or La Place?

Jimmie Whisman00:06:00

Yeah.

James Pietragallo00:06:00

Yeah.

Jimmie Whisman00:06:01

Oh, yeah. La Place.

James Pietragallo00:06:01

Whatever it was. Episode 691, a big ball of death. So that's our last Louisiana one. This is in St. Mary Parish. Remember, there's parishes, not counties down there. Area code 337. And a little bit of history. Franklin was named.

Jimmie Whisman00:06:17

Are wards different from parishes?

James Pietragallo00:06:20

No idea. Yeah. Parishes are counties. Wards are sections of cities, I believe.

Jimmie Whisman00:06:26

Okay.

James Pietragallo00:06:26

If I'm not.

Jimmie Whisman00:06:27

Sections of the county?

James Pietragallo00:06:28

Sections of something, yeah. But the parish is the county, and then the wards are within that. Because New Orleans has a bunch of different wards. So I think that's sections of a city.

Jimmie Whisman00:06:37

Right.

James Pietragallo00:06:37

I would think. I'm not positive that. Just.

Jimmie Whisman00:06:39

I just listen to a lot of Master P.

James Pietragallo00:06:42

Yeah.

Jimmie Whisman00:06:42

It's all they screamed about. It's the ninth ward.

James Pietragallo00:06:44

It was wards, yeah.

Jimmie Whisman00:06:45

Yeah.

James Pietragallo00:06:46

History here. Franklin was named for what, Jimmy?

Jimmie Whisman00:06:49

Oil.

James Pietragallo00:06:50

Benjamin Franklin. Franklin? That's right. Founded in 1808 as Carlin's Settlement.

Jimmie Whisman00:06:59

Oh.

James Pietragallo00:06:59

A French-born pioneer named Joseph Carlin and his family were here. And it became the parish seat. It was incorporated in 1820. Basically, this was sugarcane plantations down here. So they still have plantation houses, which is creepy. I mean, pretty, but also like, ugh.

Jimmie Whisman00:07:19

They are really beautiful.

James Pietragallo00:07:20

They're nice, but I mean, not, I don't know, just creeps me out.

Jimmie Whisman00:07:24

Historically, they're gross.

James Pietragallo00:07:25

Creeps me out a bit.

Jimmie Whisman00:07:26

Kind of stained, yeah.

James Pietragallo00:07:27

Yeah. I guess steam boating became a thing. So this became an interior sugar port. And these were some of the wealthiest agriculture people in the south here from sugar, by the way.

Jimmie Whisman00:07:40

Wow.

James Pietragallo00:07:40

I mean, it was huge. They had grand, big mansions they built in Franklin. It's wild here.

Jimmie Whisman00:07:46

Is it on the coast? Is that what this is?

James Pietragallo00:07:48

It goes inland, the way the water goes there. There's no real hard coast. It's all kind of pieces, so.

Jimmie Whisman00:07:53

It's all swampy, murky.

James Pietragallo00:07:55

It's an interior port, they call it. So it's not on the whatever, but you can get to the ocean from there. During the Civil War, the Battle of Irish Bend, which is also known as Nursen's Woods, was fought near Franklin in 1863.

Jimmie Whisman00:08:09

Sick.

James Pietragallo00:08:10

Later, the railroad came in, and it became a sawmill town.

Jimmie Whisman00:08:14

Oh.

James Pietragallo00:08:15

Turns out sugar's not as profitable when you have to pay people to pick it or cut it.

Jimmie Whisman00:08:18

Are there a lot of.

James Pietragallo00:08:19

It's weird.

Jimmie Whisman00:08:19

Are there a lot of trees down here?

James Pietragallo00:08:21

I don't know. There's trees somewhere, and they're going to fucking saw them up over here either way. I mean, there's a lot of trees in Mississippian shit too, I assume. Northern Louisiana is probably the same.

Jimmie Whisman00:08:30

There are woods.

James Pietragallo00:08:30

Probably plenty of wood. I mean, not right by the coast, but.

Jimmie Whisman00:08:33

Right. That's what I mean.

James Pietragallo00:08:34

Yeah. You can trunk them in a little bit probably. Reviews of this town has 3.1 stars on Niche, by the way. That's.

Jimmie Whisman00:08:40

That's not positive.

James Pietragallo00:08:41

That is not a good, that's Chinese food you'd avoid.

Jimmie Whisman00:08:44

Right.

James Pietragallo00:08:44

Here's five stars. Franklin is a very smell family. Smell family.

Jimmie Whisman00:08:49

Smell family.

James Pietragallo00:08:50

Not small family. Smell family. It's a very smell family-oriented town, everybody. Everyone really knows everyone in this town so much that if visitors come over here, we know who they are. That's disturbing. Yeah. I don't like that.

Jimmie Whisman00:09:07

Because you can't smell them.

James Pietragallo00:09:08

You can't smell them. He don't smell like a local. I can promise you, if you don't know them, then my mom and uncle or cousin knows the individual. So if you don't know them, someone in your family does, basically.

Jimmie Whisman00:09:21

Oh, okay.

James Pietragallo00:09:21

Not the visitors, someone else. One of the main drawbacks of living in this town is there's not a lot of things for children to do. Every single one of these towns says that.

Jimmie Whisman00:09:29

Yeah.

James Pietragallo00:09:30

Yeah. Stop. That's why they run away screaming as soon as they can leave. So put some shit in for kids.

Jimmie Whisman00:09:36

It's not fun for the youth.

James Pietragallo00:09:38

No. Three stars. Franklin is a place that is very homey. It's a city where everyone knows everyone. Franklin isn't the best place for a young teen like myself. So we got a teen here. I am young and full of adventure. I love that line. I am young and full of adventure, but Franklin only offers grocery stores and fast food places.

Jimmie Whisman00:10:00

Sorry, Huck Finn.

James Pietragallo00:10:02

Sorry, yeah. Get your fucking whitewash out for that fence and go help fucking, go help your boy there.

Jimmie Whisman00:10:08

Okay.

James Pietragallo00:10:10

We don't even have places for little kids to enjoy. I would put some enjoyment in Franklin because it is dry. Dry. No fun to be had. Three stars, finally. There is little opportunity here. There are a few stores. If you do not know someone in the system in Franklin, chances are you will not be able to find a gainful job. Many people leave here to branch out for a better life.

Jimmie Whisman00:10:37

In the system.

James Pietragallo00:10:39

In the system. Yeah. Basically, we get a lot of this with these small towns too. It's like, well, if you're not cousins with the sheriff, you don't get no job and this and that. But all these little towns, they're all little boss-hog thieftoms, all these weird towns.

Jimmie Whisman00:10:52

The waterworks or the fucking sewer or.

James Pietragallo00:10:54

Yeah. Everybody knows everybody. Now, people in this town, 6,811. So not very many. That's.

Jimmie Whisman00:11:00

Small.

James Pietragallo00:11:00

The whole area there. Way more women than men. 52.4% women, which is odd for a town with over 1,000 people.

Jimmie Whisman00:11:09

Anything, yeah.

James Pietragallo00:11:10

Yeah. 38 is the median age, which is the same in the rest of the country. The marriage rate is super low here. Usually, it's 50-50. Here, it's 34%. Single with children, 35%, which is normally about 10%. Race in this town, 35.4% white, 56.8% black, 0.7% Asian, and 5.1% Hispanic. Religion is thriving here. 55.2% of the people here are religious.

It's normally 50-50. And here in Louisiana is the one place in the south that is flipped.

Jimmie Whisman00:11:48

Oh, yeah.

James Pietragallo00:11:48

Southern Louisiana, it's Catholic is actually the highest.

Jimmie Whisman00:11:51

Wow.

James Pietragallo00:11:52

Yeah. 33% of the people here are Catholic. Whereas if you go outside of southern Louisiana, it immediately drops to 0.3% everywhere down there. So it's interesting.

Jimmie Whisman00:12:01

Everything else is voodoo.

James Pietragallo00:12:02

Yeah. Everything else is, yeah. And here there is, or Baptist, which, same thing, whatever. Same shit.

Jimmie Whisman00:12:07

Or Baptist.

James Pietragallo00:12:09

I mean, what's the difference?

Jimmie Whisman00:12:10

Spiders and snakes. Same shit.

James Pietragallo00:12:11

It's all the same shit. Exactly. What's the difference? 0.0% Jewish here. 0.0%, a lot of things. Median household income here, $33,390 a year.

Jimmie Whisman00:12:25

Oh, boy.

James Pietragallo00:12:26

Household.

Jimmie Whisman00:12:27

Whole thing.

James Pietragallo00:12:28

That's something. That is, wow. That's disturbing almost. How the fuck do you even, how do you do that?

Jimmie Whisman00:12:36

I guess that's a lot of debt.

James Pietragallo00:12:39

I don't know. Debt, that's just you're not making any money. I don't think there's any money to be made.

Jimmie Whisman00:12:43

That's what I mean. You got to be.

James Pietragallo00:12:44

You got to be in debt to live.

Jimmie Whisman00:12:45

Yeah.

James Pietragallo00:12:45

Well, the cost of living, actually, not that bad here. Cost of living, 100 is regular average. Here, it's 78, which you go still.

Jimmie Whisman00:12:53

It's got to be fucking 45.

James Pietragallo00:12:55

The median home cost is what makes this possible. Median home cost here is like from the '70s. This is the early '80s. $90,100 is the median home cost. So if you're making more than a third of your home cost, most people don't make more than a third of their home cost. So that's actually not bad in that way.

Jimmie Whisman00:13:15

What does that entail?

James Pietragallo00:13:17

But I don't know how you eat.

Jimmie Whisman00:13:17

90 grand.

James Pietragallo00:13:18

You know what I mean? I don't know how you eat. I don't know how you pay for insurance in a hurricane area. I don't know how you do all that kind of thing. Well, I've looked here, and I found so many houses under $100,000, it's not even funny. They're not great places. Don't get me wrong. I mean, tons of them.

Jimmie Whisman00:13:32

It's not 100.

James Pietragallo00:13:33

Well, I'll tell you what. If you are interested in this and you want to move to Franklin, we have for you the Franklin, Louisiana Real Estate Report, everybody. All right. Your first house here, actually, average two-bedroom rentals, $890 a month, which seems excessively high when you can get houses for cheap like that.

Jimmie Whisman00:13:57

For 90 grand, yeah.

James Pietragallo00:13:58

Yeah. Here is a three-bedroom, two-bath. This is not a trailer. It's an actual house. 2,022 square foot house. It's a little fucked up on the inside. I'm not going to lie.

Jimmie Whisman00:14:10

Sure.

James Pietragallo00:14:11

I mean, on the outside, it looks like a house. It doesn't look like it's going to fall over.

Jimmie Whisman00:14:15

It's great.

James Pietragallo00:14:16

All the kitchen tiles are all broken up and smashed and.

Jimmie Whisman00:14:20

So it's half-started.

James Pietragallo00:14:22

It has real old metal cabinets. You'd need to do a lot in there, but.

Jimmie Whisman00:14:26

Metal.

James Pietragallo00:14:26

Metal, but it's on a half-acre lot. $44,700 for that, though.

Jimmie Whisman00:14:33

That's crazy.

James Pietragallo00:14:34

You can't get a mid-range used pickup truck for $47,000 or $44,000.

Jimmie Whisman00:14:39

It sounds like, I mean, you could put 40 grand in that house and make it.

James Pietragallo00:14:43

Livable, yeah.

Jimmie Whisman00:14:44

Incredible.

James Pietragallo00:14:44

So it just had a price cut of $4,300 too, so.

Jimmie Whisman00:14:48

They're dropping it.

James Pietragallo00:14:49

There's that.

Jimmie Whisman00:14:49

10% off.

James Pietragallo00:14:50

Here's a three-bedroom, two-bath, 1,798 square foot, move-in ready, really nice wood floors.

Jimmie Whisman00:14:57

Really done.

James Pietragallo00:14:58

Wood floors are really pretty, actually. It's a nice little house, 17, not even little, 1,800 square feet, but it looks like a box, and I guess it goes back further.

Jimmie Whisman00:15:07

Yeah.

James Pietragallo00:15:08

Not bad at all. $90,000.

Jimmie Whisman00:15:11

Wow.

James Pietragallo00:15:11

And it just had a $7,000 reduction as well.

Jimmie Whisman00:15:14

Yeah.

James Pietragallo00:15:15

And then finally, you're living it up.

Jimmie Whisman00:15:17

Here we go.

James Pietragallo00:15:18

You have planted all the sugar that you can have here. Four-bedroom, three-bath, 4,240 square foot house.

Jimmie Whisman00:15:27

Wow.

James Pietragallo00:15:28

It's on 2.8 acres or 2.06 acres. It's got a big yard, and it's backed up to water. I don't know what the hell this water is, but it's an extraordinary custom-built waterfront home. Exceptional craftsmanship, premium materials, and modern amenities. And it is $999,000.

Jimmie Whisman00:15:49

No.

James Pietragallo00:15:50

Nope. I don't think so.

Jimmie Whisman00:15:51

To get malaria.

James Pietragallo00:15:52

Yeah. That's what it looks like. You can just see things breeding in that water. All sorts of shit. Chiggers and.

Jimmie Whisman00:15:58

Yeah. They would have a.

James Pietragallo00:16:00

Mosquitoes and.

Jimmie Whisman00:16:01

An off-mister that you walk through.

James Pietragallo00:16:03

Constantly.

Jimmie Whisman00:16:04

If you go outside.

James Pietragallo00:16:06

Things to do here. The Bayou Tesh Black Bear Festival.

Jimmie Whisman00:16:11

Okay.

James Pietragallo00:16:12

I was like, all right. I didn't know there was black bears.

Jimmie Whisman00:16:14

What's the Tesh about? Not John, right?

James Pietragallo00:16:16

No, T-E-S-C-H-E-E. Or C-H-E. T-E-C-H-E. Tesh. I looked up how to pronounce that because I didn't know.

Jimmie Whisman00:16:23

All right.

James Pietragallo00:16:24

Apparently, the mission of the bear festival is to educate the citizens of St. Mary Parish and the surrounding area about the Louisiana black bear, a species listed by the US Fish and Wildlife Service as threatened under the guidelines of the Endangered Species Act. So the Louisiana black bear is threatened. Up here, there's tons of black bears. New York, tons of them. Yeah. People.

Jimmie Whisman00:16:47

Arizona, you got black bears or brown bears? They're black bears.

James Pietragallo00:16:49

I think they're brown over there. There might be black bears. I'm not sure. Here, they're very common to pop up in people's yards. There's tons of videos of like, "Hey, there's a bear in my yard." When we first moved in, our neighbors thought our dog was a black bear. Benny, the big Connie Corso. They got scared.

Jimmie Whisman00:17:03

Lucky it didn't get shot, huh?

James Pietragallo00:17:04

They looked out and were like, "Oh, shit." And they were going to tell us about it. Then they saw it coming in and us petting it. They were like, "Okay, that's a dog." It's not a black bear.

Jimmie Whisman00:17:11

Some leash on it.

James Pietragallo00:17:12

Thought it was like a small black bear. The festival features all of the activities associated with a typical Louisiana festival. That scares me.

Jimmie Whisman00:17:21

Oil.

James Pietragallo00:17:22

Music, food, and good company. Good company. I've never heard that advertised in a fucking festival before. But also includes field trips, educational exhibits, and children's activities relating to bears and the many other natural resources found in southern Louisiana. Name the number one best new event in 2006.

Jimmie Whisman00:17:45

Oh.

James Pietragallo00:17:45

20 years ago.

Jimmie Whisman00:17:47

For 20 years, this has been the best new thing.

James Pietragallo00:17:50

By the Louisiana Association of Fairs and Festivals, which had no idea there was a governing body there. None.

Jimmie Whisman00:17:58

Well, Louisiana's got one.

James Pietragallo00:17:59

So they are extremely excited, it says here. It says, "We are so excited to officially announce the live music lineup for this year's festival." Then it says, "Headliner alert." Is it ludicrous?

Jimmie Whisman00:18:13

Oh, alert.

James Pietragallo00:18:14

Is it ludicrous? I don't know. A local favorite is back in all caps. And getting the band back together just for you, all caps. Rick Buga, B-U-G-G-A, Buga. Wayne, Dacia, and Brian. Brian's even going to be back? Well, now.

Jimmie Whisman00:18:32

Brian's going to show.

James Pietragallo00:18:33

Jamie, we're going to fly it out there for this one because I think this is very important that Brian's there. Are reuniting for a special performance and helping them out on stage will be Chase Landry. Okay. If you remember, when they used to play together, you already know this is going to be one you don't want to miss. And if you've never seen them, who the fuck are they? What's the band name? They haven't mentioned that at all. I know Brian's going to be there.

Jimmie Whisman00:19:00

You'll see. I can't believe you don't remember.

James Pietragallo00:19:03

You'll love the music leading up to the headliner. All local favorites. All.

Jimmie Whisman00:19:08

Oh, fuck.

James Pietragallo00:19:08

Shit bands that are local. Bring the best or bringing the best family tunes all morning, and in between sets is DJ Shannon Bork. Okay.

Jimmie Whisman00:19:18

Bork.

James Pietragallo00:19:19

Next up, Chase Landry and Brittany Poole is a duet. Is always a crowd favorite. Back again and bringing a great music set, as they always do, is Scott Burdett and Brad Clements.

Jimmie Whisman00:19:32

Oh my.

James Pietragallo00:19:32

Have you heard any of these people?

Jimmie Whisman00:19:34

No.

James Pietragallo00:19:34

Okay. I was just checking because you never know.

Jimmie Whisman00:19:36

These are just southern Louisiana people.

James Pietragallo00:19:39

And I guess the big headliner, we can finally find out only by looking at the schedule to see who the fuck those were because they didn't tell us. From 5:00 to 7:00 PM, Don't Ask will be playing. I guess that's.

Jimmie Whisman00:19:50

Don't you dare.

James Pietragallo00:19:52

Don't Ask. That's where you get Rick and Buga and Wayne and Brian and the rest of the crew together.

Jimmie Whisman00:19:57

We are. Don't Ask.

James Pietragallo00:19:59

Don't Ask who we are. So yeah, that's what's going on in this town here. Downtown Franklin on Tesh Drive. Live music all day. By the way, the live music starts at 9:00 AM. Jesus Christ. That's the coveted spot.

Jimmie Whisman00:20:14

Right near somebody's house.

James Pietragallo00:20:15

That's the coveted spot right there. All the bands. They really want to be out in the sun at 9:00 AM to play music.

Jimmie Whisman00:20:22

The spot that wakes up the neighbors.

James Pietragallo00:20:24

Oh, that's fucked up. I think everyone's up down there probably.

Jimmie Whisman00:20:27

The late sleepers. There's somebody that sleeps till 10:00.

James Pietragallo00:20:31

Oh, God. Those poor bastards. Well, crime rate in this town, what we are interested in here, property crime almost double the national average. So that's not good. That seems like a lot. And then violent crime, murder, rape, robbery, and of course, assault. The Mount Rushmore of crime is about one-third high. It's a little bit high. Not double, but it's getting there. Not wonderful.

Jimmie Whisman00:20:54

Too high.

James Pietragallo00:20:54

Too high, let's just say. That said, let's talk about a fucking wild occurrence here that took place. Just some, wow, this is crazy. I was reading the court document for this, and I'm like, there's more? More crazy shit just kept happening. I'm like, oh my God, this is insane. So.

Jimmie Whisman00:21:12

Keeps going.

James Pietragallo00:21:13

Let's go back to 2001. Okay? Not too far among. I mean, a long time ago, 25 years ago, but not black-and-white times anyway. So let's talk about Kimberly Zimmerman. Now, Kimberly Zimmerman, she's about 30 years old here. She's married. She has three small kids at the time. And apparently, in the beginning of the summer, she's pregnant, by the way, during this in 2001 time. She's pregnant by her husband.

But there's about a three or four-month period which she was separated from her husband during the summer of 2001 while she's pregnant. Okay? Now, during that time, she gets involved in another relationship here. Maybe they're separated, whatever. The guy she chooses, though, not a great choice, let's just say. Donald Lee Liger Jr. L-E-G-E-R is Leger. He's 32 years old at the time, and he's got quite the fucking background.

Maybe, I don't know if she was looking for some excitement or what, but he's a wild guy. First of all, a little bit about his past here. His father's completely alcoholic and abusive. Pretty much all the siblings besides one will be a fucking mess from his family. There's always one that figures it out. If there's a really good family, let's say there's a doctor and they have five kids. One of them will be a complete fuck-up.

Jimmie Whisman00:22:41

Oh, for sure.

James Pietragallo00:22:42

And if you're a shit family and you have five kids, one of them will do good things, and the rest of the four will follow. Like the wild, wonderful whites. The one guy went to Minnesota. His kids had braces. He was breaking the cycle, but everybody else was a fucking mess.

Jimmie Whisman00:22:58

Yeah. They had clothes that they bought. They had price tags on them.

James Pietragallo00:23:01

Exactly. Yep. And in every rich, there's always a Nare Duell Kennedy kid in every one of their little families too, out of all their kids. There's always one that's a piece of shit, and it's a rapist or a moron or a fucking worse that we're finding out. So anyway, they had the abusive alcoholic father. He's kicked out, Donald is, at the age of 16, which is he had just completed the 10th grade, but then he drops out of school because he's not living at home anymore.

Jimmie Whisman00:23:32

Yeah, because it's hard to get there.

James Pietragallo00:23:33

Now, several years later, he'll get a GED, actually. And he'll end up somehow, as we find out what he's going to do for the next 10 years, somehow getting about two years of college in.

Jimmie Whisman00:23:46

Oh.

James Pietragallo00:23:46

In between a bunch of shit. Like community college or whatever, but college. He went to school. That's good. More than I did. So good for him. He had several different jobs, but never anything steady. Never could find anything and stick with it. He was a welder's helper, an electrician's helper. These jobs that if you stick with it.

Jimmie Whisman00:24:06

Never see them through. Yeah.

James Pietragallo00:24:07

You can apprentice and end up doing that. You know what I mean?

Jimmie Whisman00:24:10

Oh, yeah.

James Pietragallo00:24:11

Especially.

Jimmie Whisman00:24:11

You journeyman at that shit. You'll never be rich, but you'll never be hungry.

James Pietragallo00:24:14

You'll always make a living. That's the problem with those jobs, though. You'll never be rich. You'll never be hungry, but you'll have to work till you're fucking 75 years old. You'll never stop working, which sucks.

Jimmie Whisman00:24:24

You will be at work before the sun comes up, and you will be at work when the sun goes down.

James Pietragallo00:24:29

And it's a physical job. We only know this because our families are comfortable with this type of shit.

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Jimmie Whisman00:24:33

That's what I did.

James Pietragallo00:24:33

You walked around with a fucking wand. You didn't do shit. What are you talking about? You were at my house half the time you were getting paid. Stop acting like you did hard work. You did not.

Jimmie Whisman00:24:41

I was.

James Pietragallo00:24:41

You're the worst employee of all time.

Jimmie Whisman00:24:43

I did the union work for hours and hours and hours on end. I did it.

James Pietragallo00:24:48

Which was hanging out at my house. Sitting on the couch talking about comedy and writing jokes together. That's what we were doing while Jimmy was getting paid.

Jimmie Whisman00:24:56

But I was wearing FR clothes when I did it.

James Pietragallo00:24:59

You did show up in your work truck and park it. People must have thought our electricity was a disaster at my house. Why is the electric company always at these people's houses?

Jimmie Whisman00:25:07

UPS is always over there.

James Pietragallo00:25:09

Man, they must have problems in their wiring. What the fuck happened? That's funny. But no, I'm joking, obviously, breaking your balls. But it's that environment, though, of and that's different because the electric company, those people could eventually retire. A lot of these people have electricians retire eventually. They can usually make a good living if they do well.

Jimmie Whisman00:25:29

You get a 401(k) and a pension. You do very well for a fixed income. There's not much that's better.

James Pietragallo00:25:36

No, but you are.

Jimmie Whisman00:25:37

In retirement.

James Pietragallo00:25:38

It's still a job like most jobs where you're paid for your time. You're paid for your time. So any job where you're paid for your time, you're never going to get rich from that ever because the time is never going to be there. So that's hard. But at least you could make a goddamn living. But he chose not to.

Jimmie Whisman00:25:55

He stops every time it starts to get good.

James Pietragallo00:25:57

Well, welder's helper, electrician's helper, pipe fitter, and a plumber's helper. So he went to all the.

Jimmie Whisman00:26:02

He tried everything.

James Pietragallo00:26:03

Every trade he went to.

Jimmie Whisman00:26:06

Wow.

James Pietragallo00:26:07

Got in, and then it didn't work out for him because he's a fuck-up. That's why.

Jimmie Whisman00:26:11

Yeah. That's what it sounds like.

James Pietragallo00:26:12

So it's not like we just didn't find the thing he wanted. He tried everything, and none of it worked. And these are all very good jobs where he could have supported a family and made a good living for his whole life.

Jimmie Whisman00:26:21

All of those things too, they're a skill, but it's not something that you're born with. It's not a talent. It's something you can learn. And if you stick with it, you can get really good at it.

James Pietragallo00:26:33

Absolutely.

Jimmie Whisman00:26:34

And if you get really good at it, you can make a damn good living.

James Pietragallo00:26:36

You can do just fucking fine for yourself. So the problem is too, and so this might have been an issue with these employment opportunities, is he's getting arrested an awful lot too as a problem.

Jimmie Whisman00:26:48

Oh.

James Pietragallo00:26:49

That's an issue. Several different problems he had. Disturbing the peace by fighting, burglary, forgery, battery, theft of over $500, attempted burglary. A lot of things. Here's just a few of his highlights here. Basically, he has 11 arrests total up until 2001 here. On October 30th, 1986, he was arrested and convicted for burglary, which he received three years of supervised probation for because it was his first offense or his first major offense.

January 28th, 1988, I believe, while still on probation, he gets arrested for forgery, which isn't good. He received three years prison suspended and three years of unsupervised probation.

Jimmie Whisman00:27:42

It's getting real serious now.

James Pietragallo00:27:43

Yeah. 1991 in April, three years over more than three years from that date, luckily for him, he was arrested for disturbing the peace by fighting. Then on October 31st, 1991, so just a few months later, Halloween night, he's arrested for simple battery. November 14th, 1994, he's arrested for theft over $500, to which he was sentenced to six years in prison for that.

Jimmie Whisman00:28:16

Holy shit.

James Pietragallo00:28:17

Yeah. Now, that same day, he also was arrested for simple battery. So simple battery and the theft of over $500.

Jimmie Whisman00:28:27

It also sounds like the court might be tired of his fucking shit.

James Pietragallo00:28:31

How would you not be? You keep seeing this idiot here. Now, one of his arrests, and we're not sure which one, one of his arrests was for fighting his father.

Jimmie Whisman00:28:39

Nice.

James Pietragallo00:28:40

As an adult.

Jimmie Whisman00:28:41

Nice.

James Pietragallo00:28:42

Which is, nah. That's a touch of class right there. If you've ever fought your father past a certain really at all, you got to check yourself. There's some white trash flowing through your goddamn veins, and you need to figure that out.

Jimmie Whisman00:28:57

Yeah. Every Thanksgiving, though, I do search out that video of the guy that flips the table with everything on it.

James Pietragallo00:29:02

Absolutely. For real. But usually, you let your dad have a meltdown at that point. You don't fight the guy. So I don't know who was right or anything like that, but he fought his dad, and both of them were arrested. So that's pretty fun.

Jimmie Whisman00:29:15

They both went.

James Pietragallo00:29:17

They both got arrested for fighting.

Jimmie Whisman00:29:18

They rarely hitch up too, right?

James Pietragallo00:29:21

Especially if they're father and son. Wouldn't you be like, "Okay, morons. You fucking idiots."

Jimmie Whisman00:29:26

There's usually a victim and then somebody that defended themselves. Did they both throw the first punch?

James Pietragallo00:29:32

They must have just fucking socking back and forth like rock-em-sock-em robots, just beating each other's asses.

Jimmie Whisman00:29:37

I'll bet it's a good story.

James Pietragallo00:29:39

So this guy, as you might imagine, isn't the most stable guy to have a relationship with. He's a bit of a fucking mess. And he hasn't been out of prison for very long either in 2001. He was in prison, I think, till '99 or 2000. So he's in there. Now, this affair goes on between Donald and Kimberly. And if you have a separation from your wife, you sure hope she doesn't have an affair with this fucking guy, but this is what happened. This affair ends in late November 2001, mainly because Kimberly has her baby.

And so it's really hard to have an affair with a brand new mother. That's a tough one.

Jimmie Whisman00:30:21

Yeah, the schedule is kind of tough.

James Pietragallo00:30:23

They're a little tightly scheduled, and they're at a commission for, what, six weeks, do they tell you? Six to eight weeks, not to fuck with it. So it's really the affairs.

Jimmie Whisman00:30:32

Maybe it's longer than that. Yeah.

James Pietragallo00:30:33

It's a while. Yeah. Whatever the fucking case is. She's not in affair-to-have-in-times right now or even relationship-to-have-in-times. This is her fourth child too, and they're all pretty young. And this seems reasonable. She's like, "I'm going to get back together with my husband since I just spit my fourth small child out, and they're all his, and it just seems logical that we try to be a family here." Again, that seems normal. And also, if you were him, expected.

Jimmie Whisman00:31:05

She is a mother and a wife, so.

James Pietragallo00:31:08

She's not divorced.

Jimmie Whisman00:31:09

The free sex train might depart.

James Pietragallo00:31:11

The free sex with a seven-month pregnant woman train might depart also.

Jimmie Whisman00:31:16

That's absurd.

James Pietragallo00:31:18

That's so wild. And I'd say, if you're seven months pregnant, nobody should fuck you, but a stranger shouldn't want to fuck you. That's like a weird fetish at that point.

Jimmie Whisman00:31:26

Right. Free sex with a seven-month pregnant woman whose baby is not yours.

James Pietragallo00:31:30

Not yours.

Jimmie Whisman00:31:31

That's fucking crazy.

James Pietragallo00:31:32

You meet somebody, they're seven months pregnant, and you're like, "Yeah, get me some of that." Not in six months. Now.

Jimmie Whisman00:31:38

Right. In the last seven months, she was in a very serious relationship.

James Pietragallo00:31:44

The only guys I can think of that would do that, it's because that's a fetish for them. That's a weird fetish. You know what I mean? So you should have your head on a swivel if you're pregnant, much like Asian girls do about Asian chicks are very aware of you're not fetishized.

Jimmie Whisman00:31:58

They're small fetish heat ones.

James Pietragallo00:31:59

You're not real into this, are you? You're not super into Asian stuff, are you?

Jimmie Whisman00:32:03

Or 28-year-olds that look 16. Keep your head on a swivel. That's weird.

James Pietragallo00:32:08

That's weird too. So he, instead of being like, "Well, I had my fun. That ended. Now go find some other pregnant woman to hump on," he instead gets real jealous and possessive over her. How dare you?

Jimmie Whisman00:32:21

What?

James Pietragallo00:32:21

How dare you nurse your child in your living room while your other three kids run around?

Jimmie Whisman00:32:26

With your husband.

James Pietragallo00:32:27

With your husband. So he began threatening and harassing Kimberly. Two different times the police were called even. That's just how bad it is. He'll show up. He'll call constantly. He's off the deep end with this shit.

Jimmie Whisman00:32:41

What does her husband do about this?

James Pietragallo00:32:43

I don't know how not go kill him or go punch him in the fucking mouth or something, but this keeps going on and on and on. It's wild. Then that's like late November. So we're talking Thanksgiving-ish area around there, November 20-something. Then December 7th, 2001, Donald decides he's going to buy a gun because he hasn't been quite threatening enough, I don't think. That's the problem. He hasn't made his threats clear enough to her, I believe, is the issue.

Jimmie Whisman00:33:15

Is he allowed to?

James Pietragallo00:33:16

I don't know if any of those things were a felony. So not positive. He doesn't buy a gun at a store.

Jimmie Whisman00:33:24

No, he's going to buy it from a guy.

James Pietragallo00:33:25

He buys a gun from a guy he knows, a coworker of his, a guy named Ricky Adams.

Jimmie Whisman00:33:31

He can do that a lot.

James Pietragallo00:33:32

Yeah. He bought a gun from a guy named Ricky, a grown man that goes by Ricky, who's not Henderson. That's wrong. Something wrong there. You ever met a grown man named Ricky?

Jimmie Whisman00:33:44

Yes.

James Pietragallo00:33:45

Yeah. That's what I mean. You know who they are.

Jimmie Whisman00:33:47

It's wild.

James Pietragallo00:33:48

Well, what's he like?

Jimmie Whisman00:33:50

He's dead.

James Pietragallo00:33:51

There you go.

Jimmie Whisman00:33:52

Exactly.

James Pietragallo00:33:52

Bought it on a dirt bike when he was 32 because you can't live any longer and be named Ricky. It's just not possible.

Jimmie Whisman00:33:58

Yeah.

James Pietragallo00:33:58

There's no 80-year-old man named Ricky.

Jimmie Whisman00:34:00

It's wild.

James Pietragallo00:34:02

Anybody's grandfather named Ricky out there?

Jimmie Whisman00:34:06

Yeah, nobody has a grandfather named Ricky.

James Pietragallo00:34:08

No. You can't be Ricky. I'm telling you.

Jimmie Whisman00:34:12

Even Ricky Henderson is dead, isn't he?

James Pietragallo00:34:13

He's fucking dead. He aged out. He couldn't do it anymore.

Jimmie Whisman00:34:18

I don't think he made it to 70.

James Pietragallo00:34:20

No. I don't know anybody named Ricky that lives past a certain age.

Jimmie Whisman00:34:24

My uncle literally went to a drag strip with us with his car, and it was one of those run what you brung. That's what they call it. You get to race whatever car you got. He had a '67 Dart that was a convertible, mind you. So if it rolls, you're in so much trouble. There's no roll bar in the car.

James Pietragallo00:34:41

Parts flying around, metal trucks.

Jimmie Whisman00:34:42

You're going to die. And they told him that he had to have a helmet if he wanted to race. And he looked at them baffled, and he was like, "Well, I didn't bring a helmet." And they're like, "Well, then you don't race." He had to literally go buy a helmet off a guy in the pits.

James Pietragallo00:34:55

Oh, my God.

Jimmie Whisman00:34:56

And he raced his fucking car. If he'd have rolled it, he's dead. He'd have been decapitated.

James Pietragallo00:35:01

That's why Rickys don't live past a certain age.

Jimmie Whisman00:35:03

Yeah. Ricky was willing to do 120 on a quarter mile. Helmetless.

James Pietragallo00:35:08

That's Ricky behavior. That's the problem. We got Ricky behavior going on. You can't be Ricky and be that old.

Jimmie Whisman00:35:13

Yeah. Meanwhile, the trunk is full of Coors lights.

James Pietragallo00:35:16

Totally. Yeah. He's like, "Oh, shit. He hit my Coors light stash back there." So he buys a 9-millimeter Beretta from his work friend here. This is in the midst of harassing Kimberly and just being a general menace to society. Basically, this guy brought the gun to work on December 7th, gave it to Donald in exchange for $140 in cash and "$60 later."

Jimmie Whisman00:35:45

We'll agree on 200. But it takes the gun.

James Pietragallo00:35:48

Yeah. I'd like to try to harass a woman, but I can't afford it at the moment. Can you help me? Can you subsidize my harassment of a woman?

Jimmie Whisman00:35:56

Can you carry me for 60?

James Pietragallo00:35:58

Trying to terrorize somebody here, and it's really difficult with this measly bankroll that I got. Please help me. So that's how it goes. He's got a gun. December 10th, 2001. It's morning. Now, Ricky Adams talks to Donald, and he said Donald's in a great mood that day. Ricky's the guy who sold him the gun. He's in a great mood than in the days past because it's been kind of dark since he broke up with Kimberly here. And Donald was telling Ricky that he was "going to go get back together with his girlfriend today," and he felt good about that.

Jimmie Whisman00:36:31

Today's the day.

James Pietragallo00:36:32

He felt real, real good about it. Yeah. So now, by the way, the timing of the baby is I'm not sure about. This is the thing. I don't know if they broke up because she was having the baby or she had the baby before.

Jimmie Whisman00:36:49

It wasn't time.

James Pietragallo00:36:50

And they broke up because she was dealing with a newborn. I'm not sure. But either way, they've had sex since she's had the baby. That we know. Okay. We know that because this day this is, by the way, how he's going to get together with her. She's at the Walmart. All right?

Jimmie Whisman00:37:08

Yeah. Picking some alike.

James Pietragallo00:37:09

Kimberly's at the Walmart where she's shopping with her infant daughter. Donald approaches her in the Walmart because I feel like in this area, if you want to find somebody, start at the Walmart and go from there. They're probably there. Or if not.

Jimmie Whisman00:37:24

If they're not home, check Walmart.

James Pietragallo00:37:26

Check Walmart. There, Kimberly says to him that, "I think I might be pregnant with your child," which, I mean, a fifth fucking kid now.

Jimmie Whisman00:37:37

I'm going to be pregnant again?

James Pietragallo00:37:38

Again. Dude, reach up and tie your own tubes if you have to. This is crazy. You have four fucking kids. I guarantee you, just by the measure of this story, that no one here is wealthy enough to afford five kids or any of this shit. So anyway, she said, "I think I might be pregnant." So they made plans to meet back at Walmart later that evening to purchase a home pregnancy test together.

Jimmie Whisman00:38:07

Why can't we get that now?

James Pietragallo00:38:09

Why can't you just pick it up, go home, pee on it, and let me know what's going on? Why do we have to why does this have to be some weird group activity? Okay. So they left the store, apparently, and drove to a nearby Catholic church parking lot to talk. They talked for a little bit. Now, Donald was upset because he wanted this baby. He said, "Well, if you're pregnant, I want this baby." And she said, "I don't want a baby. I don't want to be pregnant again. I have four small kids, and I'm married. The last thing I need is a fifth kid from some outside source here."

Jimmie Whisman00:38:43

It's certainly going to complicate and cause questions at my house.

James Pietragallo00:38:47

It's going to be something. So they agreed to meet later that night at Donald's grandfather's house at 203 Neptune Street in Bayou Vista, where he was staying. They're going to meet there, then go to the old Walmart together. Or they're going to the other way around. So they end up meeting. They go get the pregnancy test, and then both of them come back to Bayou Vista here. They're waiting on the results of the pregnancy test, which, by the way, do not take that long. They really don't.

Jimmie Whisman00:39:18

Pretty quick, usually.

James Pietragallo00:39:19

Pretty quick. You don't have a big window of time. It's not like, "Well, what are we going to do while we wait?" It's like four minutes. You're fine.

Jimmie Whisman00:39:25

It tells you how long to wait.

James Pietragallo00:39:27

Sometimes it's 30 seconds.

Jimmie Whisman00:39:28

It's always so much quicker.

James Pietragallo00:39:29

Yeah. So while waiting on the results, he sees this as a perfect window to try to get back together with her and reconcile. He's like, "I got three minutes. I can close this deal." He tries to persuade Kimberly to reconcile with him and, "We'll raise this baby together," which her response is, "What about the other four babies I have? Who's raising them? What are we talking about here?" Because she's not a dummy like he is, this one. So anyway, Kimberly insisted, "No, I'm going back to my husband.

I'm not having another baby. Doesn't matter what this test says. There is no more babies coming out of me. And I already have four young kids, and I'm going back to my husband and basically forgetting any of this shit ever happened with you. So I'm wiping it all clean here." So they had this basically, she went, peed on the thing. They left it in the bathroom. They went out and talked. He tried to convince her to get back together. She said no. So then Donald goes back into the bathroom and gets the test and brings it out for Kim.

The test indicates that she is not pregnant.

Jimmie Whisman00:40:38

Wonderful.

James Pietragallo00:40:39

Thank God. She's not pregnant.

Jimmie Whisman00:40:40

Now we get to all walk away.

James Pietragallo00:40:42

Okay. He is super upset about this. He thought he had really ensnared her and got his hooks into her. Yeah. He's like, "I bought a crib already, and I figured yellow because I don't want to do blue, pink. We don't know the sex yet, so I just did a neutral."

Jimmie Whisman00:40:59

I did go ahead and did.

James Pietragallo00:41:01

Pastales.

Jimmie Whisman00:41:01

Diapers, preemie, through three teeth.

James Pietragallo00:41:04

So, I mean, let's do it. No, the test indicates she's not pregnant. He says, "I hope you're happy now."

Jimmie Whisman00:41:11

Okay.

James Pietragallo00:41:12

She was ecstatic, as a matter of fact. Yes.

Jimmie Whisman00:41:15

Real.

James Pietragallo00:41:15

Fuck yeah.

Jimmie Whisman00:41:15

Yeah.

James Pietragallo00:41:16

Then Donald tries to persuade her to have sex with him. She's like, "No, I just dodged that bullet. I'm not going to get back in this fucking circle with you." He's like, "Well, I didn't get it last time. Let me get it this time." She said, "No, I'm planning on reconciling with my husband." This is when he kept okay, this is the weirdest part of this whole story for some reason. You got to remember the time it is. And if you're very young, we'll explain it to you in a moment of why this is significant and ridiculously fucking stupid and funny.

He keeps pushing her. She keeps saying, "No, I'm going to go back to my husband." He keeps saying this one phrase over and over again. "Is that your final answer?" Okay. Now, Jimmy Lamb.

Jimmie Whisman00:42:00

He registered?

James Pietragallo00:42:01

He registered. Now, if you don't know why, if you're young or whatever, during this time, the biggest show on Earth was Who Wants to Be a Millionaire. And if you don't know what that is, it's a game show that was a trivia show. And Regis Philbin, for some reason, people were obsessed with Regis from '99 to 2002. So yeah, he would ask a question. There'd be four answers, and there was different things. You could take two of the answers away. That was one of the things. You could phone a friend.

Jimmie Whisman00:42:27

Four choices every time.

James Pietragallo00:42:28

Yeah. You could phone a friend. That was one of the options. You could only do that once. You could whatever.

Jimmie Whisman00:42:33

50/50, and then you can poll the audience.

James Pietragallo00:42:35

You can poll the audience. That was the other one. So basically, in the end, if you won, then you won a million dollars if you made it through the whole thing.

Jimmie Whisman00:42:41

That's the idea.

James Pietragallo00:42:42

Or you could get to a question you don't know and leave with whatever you've won so far. That was the hook here on it. Now, the big thing was they'd say, "I think it's C. I'm going to go with C." And Regis would go, "Is that your final answer?" And is that your final answer? That was it. At that point, you've taken your hand off the chess piece, and if you're wrong, you lose all your fucking money. That was the point. Is that your final answer?

Jimmie Whisman00:43:07

Yeah. So much so that people would answer and say final answer, the very first answer.

James Pietragallo00:43:13

Yep. Final answer.

Jimmie Whisman00:43:14

So that he didn't have to go, "Is that your final answer?"

James Pietragallo00:43:17

And in society, the phrase, "Is that your final answer?" was it was like the 2001 version of like, "Yeah, baby." Shagadelic, like fucking some sort of Austin Powers reference from years before that. It was huge.

Jimmie Whisman00:43:34

Is that your final answer before or after you are the weakest link?

James Pietragallo00:43:38

Before. Weakest link came out after that. That's what I mean. So I would love it if he then, instead of, "Is that your final answer?" over and over, if he went to other game shows. He's like, "Survey says?" And she's like, "No, still no." And then he calls her the weakest link and tells her goodbye, and then we just go from then on.

Jimmie Whisman00:43:56

Yeah. I miss who wants to be I miss Regis. Regis really.

James Pietragallo00:44:00

I don't miss Regis at all.

Jimmie Whisman00:44:02

At the end of his life was the most successful. He must have given a shitload of money to somebody.

James Pietragallo00:44:07

He did great from he was married for like 50 years to the same lady.

Jimmie Whisman00:44:11

Yeah. Same woman?

James Pietragallo00:44:11

Same woman, yeah, forever. But he was huge. And from the mid-'90s to 2005, you could not get rid of Russell and Regis.

Jimmie Whisman00:44:21

Couldn't shake him.

James Pietragallo00:44:21

And I wanted to shake him, and he couldn't shake him.

Jimmie Whisman00:44:24

He had some Scottie Pippen defense. You couldn't shake him.

James Pietragallo00:44:28

Oh, you could not shake him. Fucking on you, dude. Fucking on you. Like Randy Brown in fucking '95. Just all over your shit. So yeah, Kimberly said he kept saying he wanted to get back together, and she said, "I'm not having sex with you. I'm going back to my husband in Mississippi, not even in this state."

Jimmie Whisman00:44:48

Oh, my God. She's so far away from home for this.

James Pietragallo00:44:51

Like two and a half hours away, at the very least.

Jimmie Whisman00:44:53

Wow.

James Pietragallo00:44:55

Kimberly said, he kept saying, "Is that your final answer?" And then, "I didn't want it to have to come to this," he kept saying. And then saying, "Is that ."

Jimmie Whisman00:45:03

What show is that?

James Pietragallo00:45:04

"Is that your final answer? I didn't want it to have to come to this." Oh, we're very sorry. That's not the correct answer. So then, out of nowhere, apparently, he pulls out a 9-millimeter handgun - I bet a Beretta if I had to guess - from the top drawer of his dresser. It's the one he had bought from the coworker there. And he said, "I didn't want it to come to this," pointed it at Kimberly, and said, "I bet you'll make love to me now, won't you?"

Jimmie Whisman00:45:35

Oh, my God.

James Pietragallo00:45:36

"I bet I can rape you at gunpoint now, huh?" That's a crazy fucking statement. Okay. So shit is obviously getting very serious.

Jimmie Whisman00:45:44

Oh, boy.

James Pietragallo00:45:45

Okay? Basically, Donald tells her, "I know exactly where I'm going to take you." Don't like that. "I'm going to kill you," he tells her.

Jimmie Whisman00:45:57

Oh, boy.

James Pietragallo00:45:58

"I'm going to put you and your van in the water, and nobody's ever going to find you."

Jimmie Whisman00:46:03

Oh, my God.

James Pietragallo00:46:04

She has a baby blue van that she has. He then ties one of her hands with a tie wrap, they said. I don't know what that is exactly.

Jimmie Whisman00:46:14

It's a tie, probably.

James Pietragallo00:46:15

She started to struggle, so he threw her on the bed and put a knee in her back in order to bind her wrist together, which is brutal. Absolutely brutal. Then he I guess it was tie straps. I think they're tie-downs for a car is what he's using.

Jimmie Whisman00:46:31

Really?

James Pietragallo00:46:32

Like a pickup truck tie-downs or something. They keep calling them tie straps in the paper.

Jimmie Whisman00:46:37

Yeah, that's a tie-down. That's not a zip tie.

James Pietragallo00:46:40

Then he grabs - and this is a crazy thing also - "a crown royal bag full of bullets."

Jimmie Whisman00:46:48

That's how he carries them.

James Pietragallo00:46:50

That's where.

Jimmie Whisman00:46:52

That's a chandelier.

James Pietragallo00:46:53

That's where he keeps them. Some people like a Rambo thing across the chest. He says, "Crown royal bag. It's classier that way, that velvet sack."

Jimmie Whisman00:47:01

Like a college kid with his weed.

James Pietragallo00:47:03

Yeah, exactly. Thinking it's classy to keep it in there.

Jimmie Whisman00:47:07

It's velvet.

James Pietragallo00:47:08

It's so fucking funny. If you know ladies, if your man keeps anything in a crown royal bag, he's trash.

Jimmie Whisman00:47:15

Anything.

James Pietragallo00:47:16

Anything.

Jimmie Whisman00:47:16

Get the fuck out of there.

James Pietragallo00:47:17

Get the fuck out of there. I don't care what it is. Get out now. Spare chains.

Jimmie Whisman00:47:22

In his safe is a golden pouch.

James Pietragallo00:47:25

Nope.

Jimmie Whisman00:47:26

A golden roped pouch. Get the fuck out.

James Pietragallo00:47:29

We know that guy is why we're warning you. He is trash, and he'll pull a gun out and say, "I bet you'll have sex with me now." That's that guy.

Jimmie Whisman00:47:38

His ammo in the crown royal bag.

James Pietragallo00:47:40

Just a sack of it.

Jimmie Whisman00:47:42

A sack full of ammo.

James Pietragallo00:47:45

Full of bullets. Loose bullets. Why do you think the box was a bad idea? I'm going to carry it in this. The box is perfect for it. What are you doing?

Jimmie Whisman00:47:53

Yeah. Inside the box, there's a plastic rack that they fit perfectly.

James Pietragallo00:47:58

It's perfectly how they're supposed to be. This guy went, "No, I'll just dump them in a crown royal sack because I'm classy."

Jimmie Whisman00:48:04

Oh, boy.

James Pietragallo00:48:05

What an asshole. So then on the way they're in their kitchen, on the way out to the van, he then tapes her mouth closed, which terrifying again. Then he starts saying, "All I have to do is aim and shoot. I can't go back to prison."

Jimmie Whisman00:48:23

Oh, my God.

James Pietragallo00:48:24

"So I'm going to kill you. I'm going to put you in the water. No one's going to find you. I can't go back to prison. All I have to do is shoot you." You're terrified if you're this Kimberly at this point. Then he grabbed a pair of white cotton gloves with black dots on them, gardening gloves that your mom would wear. You know what I'm saying?

Jimmie Whisman00:48:46

I was seeing four-fingered Mickey Mouse gloves.

James Pietragallo00:48:49

No, no, no. These are literally gardening gloves from just the gardening section at Walmart that you get.

Jimmie Whisman00:48:56

With the black dots on the palm to get grip.

James Pietragallo00:48:59

That's what he grabs. That's his crime gloves.

Jimmie Whisman00:49:01

Oh, boy.

James Pietragallo00:49:02

Okay. Then he seat belts her into the van's front passenger seat, which I assume anybody driving would see a handcuffed woman with her mouth taped shut in the front seat of a van, and that's scary, right? So he wow. I don't even know what's going on here. Wow. I can't believe oh, by the way, he also before they got out there, he did cut the tape off. He grabbed a knife to cut a piece of duct tape.

Oh, no. He put it on. That's what he grabbed the knife. She thought she was getting stabbed. Instead, he cut a piece of duct tape, and that's when he duct-taped her mouth because she was "screaming and crying."

Jimmie Whisman00:49:42

Oh, boy.

James Pietragallo00:49:45

How dare she be scared? He told her you're going to murder her in the woods after you rape her, probably. So with the knife and gun in his hand here, they're in the van. Here we go. It's a Ford minivan. They drive a.

Jimmie Whisman00:49:58

AeroStar.

James Pietragallo00:49:59

One of those. Yeah. Was that a Ford?

Jimmie Whisman00:50:02

They're two. They had the Windstar and the AeroStar.

James Pietragallo00:50:04

Was the AeroStar a Ford?

Jimmie Whisman00:50:06

Yeah. The Astro was a Chevy.

James Pietragallo00:50:07

The Astro van was a Chevy. Yeah. So they drive a short distance, and then he removes the duct tape. Okay. Takes the duct tape off and tells her, "You have 20 minutes to talk to me."

Jimmie Whisman00:50:21

Oh.

James Pietragallo00:50:23

He really is into game shows. And then he started a big clock in there, and it was ticking down. Really into game shows.

Jimmie Whisman00:50:30

Yeah. Don't run the light.

James Pietragallo00:50:31

Yeah. Don't do that. You don't want to do that. That's a comic line for you there. So he then tells her that he's going to kill her, or now there's an or, or maybe I'll just kill myself. I haven't decided. You got 20 minutes.

Jimmie Whisman00:50:47

In the next 20 minutes.

James Pietragallo00:50:48

You got 20 minutes to decide to talk me into killing myself rather than you, essentially. That's what he tells her. And again, he said, "Because I am not going back to prison. That ain't happening. Can't do it."

Jimmie Whisman00:50:59

I'm already kidnapped.

James Pietragallo00:51:00

So she's pleading for her life, obviously. She's telling him anything that he wants to hear. He's telling her, "I'll stay with you. Don't worry. Yeah, you're right. I don't know what I was thinking. Yeah, no, me and you will be together. We'll have a family. We'll have a family. Yeah. I want to get pregnant. I can't wait. I'm not going to tell the police. Why would I tell the police about the man I love?" So she's telling him everything he wants to hear. He's not buying it, though.

Jimmie Whisman00:51:24

Oh.

James Pietragallo00:51:24

No. The first non-dumb thing he's done this whole fucking thing is not believe this.

Jimmie Whisman00:51:30

You're going to turn me in.

James Pietragallo00:51:32

So as Kimberly notices that they're approaching the water, she knows she's fucked now because he said, "I'm going to leave you in the water." Somehow, she manages to get her hands free. Apparently, he didn't tie them very well. He is a fuck-up in all of his jobs. So apparently, tying maybe that's why he got fired from one of his jobs. Bad tying.

Jimmie Whisman00:51:52

Perhaps they're bungee cords?

James Pietragallo00:51:54

Not sure exactly what it is, but basically, they're near a neighborhood where there's a handful of homes with lights on. She sees this as last fucking chance.

Jimmie Whisman00:52:07

Chance to go. Yeah.

James Pietragallo00:52:08

So she jumps out of the moving van. She pretends like her hands are still behind her back, and then just in one motion, opens the door, leaps out of the fucking van, tumbles.

Jimmie Whisman00:52:16

Amazing.

James Pietragallo00:52:17

The whole deal. Incredible, right? So he snatches at her as she's diving out of the van and grabs her sweater, pulling it off. So now she's just in a bra.

Jimmie Whisman00:52:28

I didn't have that. Yeah.

James Pietragallo00:52:29

Now she's in a bra, running around crazy in a neighborhood, screaming for help in her life, basically, at this point. So he slams on the brakes. Rather than get out of his side, he climbs over the seat and follows her out the passenger side, which seems like it would take longer. He's not very bright, this guy, until he realizes at that point the van is rolling forward.

Jimmie Whisman00:52:53

Oh, he did not put it in park.

James Pietragallo00:52:55

So he re-entered the van to stop it. She runs screaming, saying, "God, please, somebody help me. Somebody help me. Help. He's going to kill me," running around. Now, if you're looking for attention, having no shirt on is a great way to get it while screaming at the top of your lungs here. Not that you should do that to get attention, but that'll get people going. There's a shirtless woman screaming in the street.

Jimmie Whisman00:53:18

God help me.

James Pietragallo00:53:19

She gets to the home of a guy named Steven Andrade, which is about the third home down from where she jumped out of the van. So she screamed for two houses, went up to the door. He's chasing behind her. Apparently, he stopped the van and then didn't see where she went. The van was rolling. He got in, stopped. It gets out. Now she's already in somebody's house.

Jimmie Whisman00:53:42

She's gone. Yeah.

James Pietragallo00:53:44

He just assumes what trailer she's in because he just goes to the closest one, thinking she must have ran there. That is 896 Verdonville Road. Okay. This place. Just before midnight we are at now. Inside that trailer is a married couple and some kids too, or one kid. There's two kids that live there, but only one kid is home. First of all, there's Troy Salone, S-A-L-O-N-E.

Troy is 35 years old. He was born December 30th, 1966. He's there with his wife, Evelyn Salone. They have four children. They have an older daughter who is the older kids are out of the house, the older two. There's Brandy, who is Troy's daughter. There is Heather and Zeb, which are Evelyn's kids from a previous relationship. Heather and Brandy don't live in the house. Zeb lives in the house. And then they I think Zeb is 14 at this time.

And then they have Mary, who's their only kid together. And little Mary, I think, is 7 at this point in time. So that's who lives in this trailer. Now, Zeb said that Troy came into their lives when Zeb was 8. And he said, "At first, it was strange to have another male in the house, but then they got really close, and they bonded." And he said, "It was the first time I had a father, and it was the first time he had a son." So they got very close and had a great relationship there.

Jimmie Whisman00:55:17

They have something in common.

James Pietragallo00:55:18

They have something in common. Absolutely. Now, just before midnight, Evelyn's about to fall asleep when she hears a woman screaming outside.

Jimmie Whisman00:55:27

Uh-oh.

James Pietragallo00:55:28

And trailers have very poor sound quality.

Jimmie Whisman00:55:30

Oh, the insulation and noise reduction.

James Pietragallo00:55:32

There is no insulation.

Jimmie Whisman00:55:33

It's impossible.

James Pietragallo00:55:34

And she hears, "Help. He's going to kill me," which seems like something you should look into. So she believed that Troy, her husband,'s already asleep, so she went to see what all the commotion was about. Troy went to bed about a half hour earlier. Zeb, who's 15 at the time Zeb LeBlanc is his name, by the way, which is a cool name.

Jimmie Whisman00:55:57

First name?

James Pietragallo00:55:58

His whole name is Zeb LeBlanc.

Jimmie Whisman00:56:00

Wow.

Advertisement
James Pietragallo00:56:01

A fucking cool name, right? Sounds like a rock star.

Jimmie Whisman00:56:03

It's Zeb Judah. There's not much cooler than that.

James Pietragallo00:56:05

Zeb LeBlanc. Sounds like a cool rock star.

Jimmie Whisman00:56:08

Fuck yeah.

James Pietragallo00:56:08

Anyway, Zeb was also asleep. The 7-year-old Mary was spending the night next door at Troy's mother's house, not the house Kimberly ran to. She's at the third house. That's the second house. Now, she said she woke up Troy to tell him she'd heard the scream. Then she went outside and saw a van with its passenger door open passing by slowly. Now, she saw him. Evelyn sees Donald and tells him, "Hey, your van's still rolling.

You should probably grab it's about to roll into that ditch." So that's when he jumped back in the van. That's how he knew it was still rolling away.

Jimmie Whisman00:56:47

He didn't notice. A bystander told him, "Hey, dumb dumb."

James Pietragallo00:56:50

"Hey, stupid. Your van's rolling." Because she didn't know what the hell was going on. She was just like, "Hey, your van's rolling, dude. You should probably grab that. It's midnight. You just get out of bed." So Donald is looking for Kimberly, sees Evelyn there at this address, and he thinks that Kimberly's inside.

Jimmie Whisman00:57:10

Oh.

James Pietragallo00:57:11

So he starts yelling at Evelyn, "Where is she? Where is she?" Now, Evelyn has no idea. She just heard a woman screaming and came outside. So she has no fucking clue where the hell he is.

Jimmie Whisman00:57:21

You see your AeroStar? It's right there.

James Pietragallo00:57:23

Yeah. Where is she? Oh, you must mean she must mean your van, I guess. Is there a ship's dock somewhere by the water? Do you have a ship somewhere? So she doesn't know what the hell he's talking about. So she said, "Who are you looking for? I don't know who you're talking about." And then he then pops up at the trailer door, and Troy comes to the trailer door and says, "What the hell's going on out here?" Because he hears all sorts of screaming.

So then Donald turns to Troy and says, "Where is she? Where is she?" Now, at this point, he's got his gun out. Donald does. And Troy says, "Put the gun away. There's no need for a gun. Put the gun away. What the hell are we doing here? I don't even know who you are." So he then points the gun at Evelyn.

Jimmie Whisman00:58:13

Oh.

James Pietragallo00:58:14

So Evelyn then wow. Evelyn said, "By the way, he could have been talking about a dog for all I knew." She didn't even know he was talking about a person. He said, "Where is she?" Could be anything. So then they said that he reached into the front of his waistband, pulled out the gun, and pointed it right at me. Evelyn then assures Troy and says, "He's not going to shoot. It'll be okay."

Jimmie Whisman00:58:44

Oh, how does she know that?

James Pietragallo00:58:46

At that point, he fires the gun at Evelyn at point-blank range.

Jimmie Whisman00:58:50

Oh, my God.

James Pietragallo00:58:51

Just very contrary, apparently. He's not going to shoot me. Sure I am. Pow. She falls to the ground, this poor woman. Yeah. And she said that, "I was surprised because I thought surely he was not going to shoot." And then the gun went off. The bullet went through her right forearm and into the right side of her abdomen and exited from her left hip. So it went all the way through her.

Jimmie Whisman00:59:16

Oh, Jesus. It crossed her body.

James Pietragallo00:59:17

All the way through her, which tore a lot of shit apart, as we'll talk about.

Jimmie Whisman00:59:22

She's so lucky to be alive if she's alive.

James Pietragallo00:59:24

Well, we'll talk about it. And she said, "I told Troy that I was hit and to go for help." So Troy turned in to go to the trailer to call for help.

Jimmie Whisman00:59:33

Yeah. Here comes the ride.

James Pietragallo00:59:35

Unfortunately, Donald follows Troy into the trailer.

Jimmie Whisman00:59:38

Oh, shit.

James Pietragallo00:59:39

As Troy reaches for the telephone, Donald shot him one time in the head, drops dead instantly, poor Troy.

Jimmie Whisman00:59:46

Oh, no.

James Pietragallo00:59:46

One shot in the head, dead on the floor. Now, during all this, the 15-year-old Zeb LeBlanc wakes up because he heard Troy screaming something about a gun. That's all he knew. So he hears a gunshot four or five seconds later. Now, by the way, when they went in the house, when Troy went into the house to get help, he fired a shot at Troy as he entered the house or entered the trailer. So he fired a shot, missed him, and then when he got close to him, that's when he shot him.

Jimmie Whisman01:00:20

Shot him in the head.

James Pietragallo01:00:21

Yeah. And Evelyn said, "I could see him going after Troy." And he said, "I could hear their feet running through the trailer, and then I heard the gun again." So you know what running in a trailer also sounds loud. So Zeb, in his bed, jumps out of bed. He's got a shotgun in his room. He gets up, and he can't load it because his hands are shaking because he woke up to gunplay, basically. So his hands are shaking. He can't load the gun.

So he peeks out his bedroom window and tries to see anything he can. He can't really see much, but then he sees Troy lying next to the sofa with blood coming out of his head, obviously not in good shape. So this is fucking crazy. The shot from the inside, Evelyn said she heard basically, everybody uses the back door, and the front door makes a terrible scraping noise, and they don't use it. Then she heard the unmistakable metal scraping of the front door opening, and then a short time later, it was closed.

Jimmie Whisman01:01:26

Oh, God.

James Pietragallo01:01:27

She said, "Within seconds, I heard Zeb call out, 'Oh, no, Troy.' And I heard the fear in his voice and called to him to come outside so he could help." So Troy gets outside or Zeb gets outside, sorry, and she's yelling, "Troy, Troy, call 911. He shot me." That's what she's yelling. Zeb attends to his mother, kneels down beside her, and asks her what's going on. It's at this point, Zeb stood up, and here comes Donald towards Zeb and asks Zeb, "Where is she?"

Now, we know this is a question you have to answer a certain way or else he's going to react.

Jimmie Whisman01:02:07

Final answer.

James Pietragallo01:02:08

Is that your final fucking answer? Yeah. You are the weakest link. So Zeb tells him, "Just go away. Leave us alone." He's 15. He doesn't know what he's going to say to us.

Jimmie Whisman01:02:18

He doesn't know.

James Pietragallo01:02:19

"Some psycho just shot your dad and is holding the gun on you, and your mom's bleeding on the ground." He was still saying, "Where is she? Where is she?" over and over again. When the man saw Zeb, Evelyn said he motioned to him with the gun and told him to go back where you came from if you know what's good for you. So he said, "Go back inside. Leave your mother alone." That's when he said, "Why don't you just leave us alone? Leave us alone." Then he started walking away from the property to the van, and he shouts out to the whole neighborhood, "Kimberly, I'll be waiting for you at home.

And if you know what's good for you, you better come over there." And then gets in the van and drives away or tries to drive away, I should say. Starts to drive away. So yeah, "I'll be waiting for you at home." And the whole neighborhood heard this, by the way. "I'll be waiting for you at home. You better fucking come home." I don't know what he thinks is how this is unraveling. But now, meanwhile, at a neighbor's trailer where Kimberly actually went, she said she heard the gunshots and thought that he killed himself because he said he was going to kill himself if he didn't kill her.

So she figured, "Oh, okay. He probably killed himself." So she calls 911 to report that Donald had kidnapped her at gunpoint and is possibly dead now. So she told the dispatcher she believed he'd been shooting at her when she heard gunshots. By this time, she's not the only 911 call coming in. Let's put it that way.

Jimmie Whisman01:03:50

I imagine.

James Pietragallo01:03:50

There's screaming, gunplay, more screaming. There's plenty of 911 going. Gunshots going.

Jimmie Whisman01:03:58

Ends of session with pauses between them.

James Pietragallo01:04:00

Yeah. There's a 45-minute tape later with calls from her, calls from Zeb, calls from several other residents, all the 911 calls later on. Now, back to Evelyn.

Jimmie Whisman01:04:12

The supercut is 45 minutes long?

James Pietragallo01:04:14

45 minutes long of 911 calls from the neighborhood. That's something. So back to Evelyn, Troy, and Zeb. He called 911. Emergency medical personnel and police are dispatched to the area. This is when it gets real crazy, as if it hasn't been crazy enough already. Okay. The police are on the way. Now, they've been told there's wounded people, there's dead people, gunplay, all this shit. All we have is a description of a blue van.

It left the neighborhood that is carrying the assailants, okay? Now, this guy is on his way to this area when he passes a blue van speeding the other direction, one of the cops. So he says, "Fuck this." Makes a U-turn. Said, "Let the emergency medical personnel go to those people. I'm the cops. I'm going for this guy."

Jimmie Whisman01:05:05

I'm going to stay on this.

James Pietragallo01:05:07

He turns around, starts chasing the van. He is joined by every other officer that has ever wanted to be in a car chase, basically. They're chasing a minivan, by the way. And the minivan is getting away.

Jimmie Whisman01:05:21

They haul ass.

James Pietragallo01:05:22

This chase lasts for 30 miles.

Jimmie Whisman01:05:25

Wow.

James Pietragallo01:05:26

That is so long for a chase.

Jimmie Whisman01:05:29

That's far, yeah.

James Pietragallo01:05:30

Through cane fields, back roads. I mean, he's not even sticking to roads, man. We're going on.

Jimmie Whisman01:05:36

This is an hour-long chase then.

James Pietragallo01:05:37

Oh, yeah. It's forever. He would also it's pitch black in the middle of nowhere. He would turn his lights off for a while periodically, hoping maybe that would get them to lose him, even though they have spotlights and helicopters and everything else. Several points in it, he's driving 100 miles an hour in a van for 30 miles. So this is a crazy fucking chase. The vehicle got on the US-90, and they put a spike strip down, and he avoided that.

Jimmie Whisman01:06:06

Missed it.

James Pietragallo01:06:07

Missed it. So this is crazy, okay?

Jimmie Whisman01:06:11

He's winning.

James Pietragallo01:06:12

He's winning. At one point, the cop says here this is one cop, Officer Bode Barrelu, with an A-U-X on the end of it there.

Jimmie Whisman01:06:20

Oh, boy.

James Pietragallo01:06:21

That is some Louisiana shit. He said that at one point in the Shadyside area, he was in the left lane closely behind the van, which was in the right lane, when he saw the driver's hand come out of the window and throw something out. Police searched the area most of the next day and didn't find a gun, but they did find a pair of polka-dot-like gloves. He threw his gardening gloves out. So we're talking St. Mary's Parish Sheriff's Department, the Franklin Police Department, the Morgan City Police Department.

Everybody's in on this chase. We're all going on.

Jimmie Whisman01:06:56

Everybody. Hell yeah.

James Pietragallo01:06:57

So eventually, he goes through all this, eluding all these people, going through fields, turning his lights off, all this shit. Then he passes, gets up to the Morgan City Police Department, where he pulls into the parking lot, gets out, and is arrested without incident. And I've seen people do this before. It makes no sense to me. You know that guy in upstate New York that did that? Remember that guy that I showed you the interrogation?

Jimmie Whisman01:07:28

I think he ran out of gas.

James Pietragallo01:07:30

I don't know. I don't know if he just got tired.

Jimmie Whisman01:07:32

I think he was getting close. He was just like, "Fuck it. I'm going to go to the station."

James Pietragallo01:07:35

I think he was just like, "Well, I'm not losing these guys. They're just on me. I'm in a minivan. I'm not getting away." And it was the exact type of thing, too, when this rampage seems like people get in this rampage mode, and then when they cool off, they're like, "Well, I guess I'll just pull into the police station."

Jimmie Whisman01:07:53

I mean, that's where they're taking me.

James Pietragallo01:07:55

Yeah. There's one in upstate New York where there's this interrogation. The guy's name is Cliff something. I can't fucking remember what his name is. He's a gigantic asshole. Just everything that's wrong with divorced men over 50, he's the guy. He's angry. He's pissed off. He hates everybody. He talks about he's a tree trimmer, which, again, thief in the fucking night, number one. But he talks about how, "Yeah, I see people. I got a nice car. I got all this. I'll fucking charge them double.

Fuck those people." You know what I mean? He's one of those guys. He's just a fucking asshole. I know a bunch of those guys. They're just dicks. And he's talking about his wife, and she's a pain in the ass, and she's a fucking piece of shit, and she divorced him, and she blah, blah, blah, blah, blah. So he went over, kicked in her fucking door, shot her, shot his stepdaughter.

Jimmie Whisman01:08:46

Oh, my God.

James Pietragallo01:08:47

Shot a bunch of people, as many people as he can, then got in the car and led police on a huge chase where he eventually just pulled into the police department parking lot and gave up. So it's the exact same thing, pretty much. Exact same guy, exact same type of guy, mindset, everything.

Jimmie Whisman01:09:00

He's looking for publicity, right? He wants people to see this shocking shit?

James Pietragallo01:09:04

I'm not even sure. I'm not even sure. And then in the interrogation room, that guy's a fucking nut. He keeps threatening the cops. Say, "Yeah, you let me off of here. Blah, blah, blah, blah, blah." It's like, "Okay, tough guy. Whatever."

Jimmie Whisman01:09:15

Fight.

James Pietragallo01:09:16

Yeah. Yeah. You're 55. This guy is a 30-year-old cop. He's going to kick the shit out of you in this fucking interrogation room.

Jimmie Whisman01:09:21

Maybe. But if I win, do I get to go home?

James Pietragallo01:09:24

Then I get to go home. Yeah. So he's just a real asshole. Then he's a fucking racist, too. He talks about all sorts. He's the exact.

Jimmie Whisman01:09:32

But not Donald.

James Pietragallo01:09:33

He's the exact asshole you'd want. Not this, but I mean, it's the same guy, basically. Angry because he got rejected, and he's going to go do all this shit. Now I'll show him. Well, who's in prison, stupid? So he's arrested there at 12:50 AM. Okay. He exits the blue van, hands in the air, placed under arrest, handcuffed, given his rights, yadda, yadda. So I guess two sergeants of the St. Mary Parish Sheriff's Office testified that he twice interrupted the sergeant's recitation of rights to inform the other sergeant that he both knew and understand his rights.

So he's like, "I get it. No." And they're like, "But we still have to finish."

Jimmie Whisman01:10:18

Tell him to stop reading those.

James Pietragallo01:10:19

You can't just say, "I know my rights," in the middle of it. We still have.

Jimmie Whisman01:10:22

I don't have the words.

James Pietragallo01:10:23

Yeah. So he said he understood his rights, and then he didn't make any statements at that time. He did not speak at all as they transported him to the jail. Now, when the medical personnel arrived to Troy and Evelyn, Evelyn immediately gave them a description of Donald as the shooter.

Jimmie Whisman01:10:45

And his name.

James Pietragallo01:10:46

And she doesn't know his name. She just gave him his name.

Jimmie Whisman01:10:48

Oh, right. Evelyn doesn't. Right, right, right.

James Pietragallo01:10:50

Yeah. She just knows his description. So she's describing this. The doctor and an EMT said she would describe the gunman to anyone who would listen. This is the guy who did it. This is the guy who did it. He was wearing blue jeans, a white T-shirt, a light-colored baseball cap, and a bright yellow windbreaker. What is it with people committing crazy crimes where they want to keep low-key while wearing fucking hunter yellow? While wearing safety colors? What the fuck are you doing?

Jimmie Whisman01:11:18

While wearing TJ Maxx Carl Canine colors.

James Pietragallo01:11:22

What is happening? Yeah. Why are you doing that? So in the same description, that's the same description that a Robin Raphael said. That's a neighbor who said that the man pulled into her driveway at 902 Verdunville Road in a van just minutes after she heard the gunshots. She said she initially thought it was her brother shooting at coyotes.

Jimmie Whisman01:11:43

Wow.

James Pietragallo01:11:44

Which is just normal there.

Jimmie Whisman01:11:45

Is that what they do?

James Pietragallo01:11:47

I know they shoot at those nutria down there. That's a big deal.

Jimmie Whisman01:11:50

I do hate a coyote, but that is just like the scummiest.

James Pietragallo01:11:53

I'm not shooting a dog. Yeah. I'm not shooting a dog. I mean, happening. So down there, they shoot anything, I guess. Well, like I said, those nutria, they give money for those things. I don't know if they still do. But for years, they would give you like four bucks a head or something for those nutria things. So anyway, they said this person said his hand was shaking. He had a gun. He was looking for a girl, then drove away toward the Centerville Bridge. Now, Evelyn is going to survive her injuries.

Jimmie Whisman01:12:21

Wow.

James Pietragallo01:12:22

But the amount of surgeries and rehab and.

Jimmie Whisman01:12:26

Oh, the quality of life is fucked.

James Pietragallo01:12:28

Yeah. She basically damaged everything. Basically, Troy, he died immediately after the bullet entered his left cheek on his face and severed his spinal cord as it made its way out of the back of his neck. At least it was fast. That's terrible. Evelyn rushed to the hospital where an ambulance helicopter was waiting to transfer her elsewhere. She went to Franklin Foundation Hospital. She said, "But I stayed at Franklin Foundation because I was too unstable to leave.

If I had been put on that helicopter, I probably would have died there." So her injuries were extensive. She required seven major surgeries, five of which were performed in the first four days in the hospital. She had to undergo a complete hysterectomy as well. She's only like 34 years old. So she also lost part of her large intestine. The doctor said every major organ in the body was injured.

Went through everything. After a while, she no longer had to depend on a colostomy bag anymore. That's nice.

Jimmie Whisman01:13:39

Ah, Jesus.

James Pietragallo01:13:40

And basically, they said, though, her doctors cannot ensure her that she will continue to have normal bowel function for the rest of her life.

Jimmie Whisman01:13:48

What a terrible thing to say out loud.

James Pietragallo01:13:51

Destroyed this woman's life. I mean, killed her husband, fucking made her physically.

Jimmie Whisman01:13:57

Had seven surgeries about it.

James Pietragallo01:13:59

This is fucking horrible. So anyway, immediately after his arrest, the police filled out an affidavit for a search warrant for his residence and his vehicle, as well as a separate affidavit for the clothing and property that he has, okay? Now, the affidavit supporting the warrant, seeking his clothes, described the requested clothing as a white T-shirt type shirt, white insulated shirt, and a yellow windbreaker, jeans, and boots. It was noted the yellow windbreaker, white T-shirt, white insulated shirt were taken at the time of his booking.

The affidavit notes that the jean and boots were placed in a property locker at the Franklin Police Department. Oddly enough, this is important later. So the search warrant, which was issued authorizing the search of his residence and any vehicles on the property, identified the following items which they were authorized to seize: weapons, ammunition, receipts for ammunition or weapons, documents on weapons, evidence of a pregnancy test, and any tape they could find. Relevant shit.

So the search warrant was issued to search for his clothing, authorized a search of the Franklin Police Department locker 2A. In addition, he signed a consent form for the search for the morning of December 12th, authorizing the police department to search his home and truck. Now, the yellow windbreaker jacket was removed from him at the St. Mary's Parish Jail, not the Franklin Police Department Jail. So he's going to try to challenge.

Jimmie Whisman01:15:36

Which police?

James Pietragallo01:15:37

Yeah. They gave him the they let him wear the windbreaker, and then they took it off him later because it was cold at the time. So in the thing or whatever. So he's saying, "Well, you said that it was in the locker, whereas it was actually on me, so that shouldn't count."

Jimmie Whisman01:15:55

Oh, boy.

James Pietragallo01:15:55

Yeah. It's crazy. The seizure of the jacket in the parish jail and the police's retrieval of that jacket without a warrant was valid, they said, though. So anyway, he makes several statements, and there's some other stuff here. Things that they seize from his residence and van include a used pregnancy test from his house.

Jimmie Whisman01:16:17

Nice.

James Pietragallo01:16:18

A glove seized from the rear of his truck, a black sweater from Kim, Kim's sweater, Kimberly's sweater, and a picture of Kimberly's children recovered from Troy and Evelyn's yard.

Jimmie Whisman01:16:30

Oh.

James Pietragallo01:16:30

I don't know where that came from.

Jimmie Whisman01:16:32

Oh, that'd be there.

James Pietragallo01:16:33

Now, no gun is ever recovered. They never get the fucking gun. And he had a few minutes between when he left the neighborhood and when the police encountered him to dump the gun. So they saw him throw something out the window. They said during the something else that they didn't find, they said, which caused sparks on the road. So that might have been the gun.

Jimmie Whisman01:16:55

That's probably the gun.

James Pietragallo01:16:57

So he's transported to the jail. He's placed in an interview room. Detective with the St. Mary Parish Sheriff's Office, accompanied by another detective, brings a copy of the rights form into the room. They sit down. They go over the form. With him, he says, "I got nothing to say." So the detective did not question him, and he immediately just left the room. Got nothing to say. Fine. Goodbye. The other detective, who was keeping an eye on Donald in the interview room, watched as Donald got out of his chair and started running.

Okay?

Jimmie Whisman01:17:33

Where to?

James Pietragallo01:17:34

He's in an interrogation room.

Jimmie Whisman01:17:36

Yeah.

James Pietragallo01:17:37

That's the question.

Jimmie Whisman01:17:38

There ain't a lot of room to run.

James Pietragallo01:17:39

No, no, no. He starts running. The detective thought he was trying to escape. He was not trying to escape. He was starting at his chair and running as hard as he could into the wall with his head. That's what he did. This is his attempt to kill himself, is to run into a wall as hard as he can with his head. Which is a little weak as far as suicide attempts go. No?

Jimmie Whisman01:18:06

I don't know if it's weak or not, but I do know that's never worked in the history of anything.

James Pietragallo01:18:11

Yeah. It's not going to work. Yeah. Not at all. So according to the detective, the impact caused him to leave his feet and land on his stomach. He hit it so hard that his feet came out from under him, and he fell on his face. Which you just laugh and let him keep doing that, right? I mean, fuck this guy at this point.

Jimmie Whisman01:18:32

At best, it's going to give him a concussion or knock him out.

James Pietragallo01:18:35

Whatever.

Jimmie Whisman01:18:35

Just let him keep going, right?

James Pietragallo01:18:36

Just keep going.

Jimmie Whisman01:18:37

It's never going to kill him.

James Pietragallo01:18:38

No. He could do this all day. It's not going to kill him. So the detective goes in there and goes, "Oh, Jesus Christ," checks him for vital signs, and notes that he lost consciousness for a bit, as might happen.

Jimmie Whisman01:18:50

Pass out.

James Pietragallo01:18:52

Upon regaining consciousness, he looked at the detective and said, "She killed my baby." Which, no, she never had your baby, first of all, in her. The detective said, "Well, I'll stay with you till the ambulance arrives." They get the ambulance going. His vital signs are taken at 2:15 AM. They assess a slight redness to his forehead, but no swelling. What a fucking idiot. After being examined and offered treatment and transport, he adamantly refused to go to the hospital.

So 4:00 AM, he's transferred to the jail at the police department. This guy's a moron. He's just a fucking idiot.

Jimmie Whisman01:19:31

Didn't even break the drywall. Just swelled his didn't even swell his face. Just pinkened it.

James Pietragallo01:19:36

I wonder if it was one of those block wall rooms, too. A lot of those interrogation rooms are block wall. Oh, that would hurt.

Jimmie Whisman01:19:43

Little cinder block.

James Pietragallo01:19:44

Oh, man. So Lieutenant Gillory of the Franklin Police Department, who oversees the jail, said that he was closely monitored on suicide watch due to his action of ramming his head into the wall. That'll happen.

Jimmie Whisman01:19:58

That's amazing.

James Pietragallo01:19:59

So subsequently, now that he's in jail, he's going to make five different statements.

Jimmie Whisman01:20:05

Oh.

James Pietragallo01:20:05

Okay. Over the next day and a half, by the way. All inculpatory statements. None of them are good for him. And one of the statements is a recorded telephone call, which counts as a statement. So first statement is 13 hours after his arrest. So we're talking about 2:00 in the afternoon the next day. He's interrogated by the Franklin Police Department. Lieutenant Gillory and Agent Rupert are the ones here. That is the defendant's parole officer.

That's Donald's parole officer, is Agent Rupert.

Jimmie Whisman01:20:39

Nice.

James Pietragallo01:20:39

I don't know. I've never heard of a parole officer participating in a murder interrogation, but hey, what the hell?

Jimmie Whisman01:20:46

Maybe he was there to discuss his well, it's his parole from before, obviously, right?

James Pietragallo01:20:53

He's on parole. He just got out of prison a couple of years ago. Yeah. He's on parole.

Jimmie Whisman01:20:56

So he's never violated him based on whatever information we get.

James Pietragallo01:20:59

But homicide interrogation is a very specific skill. That's why they don't let the homicide guys do it. This they got women, whatever. But here, they have the lieutenant who runs the jail and his probation officer or parole officer in there. This lasted two hours, the whole questioning. The final 28 minutes from 12:45 to 1:13 PM were recorded on video.

Jimmie Whisman01:21:25

Uh-oh.

James Pietragallo01:21:25

I don't know why the whole thing wasn't recorded. That's stupid. But anyway, now, Agent Rupert said that he advised him of his constitutional rights in the presence of the lieutenant. The lieutenant said that Agent Rupert reminded him of his constitutional rights and that Donald acknowledged that he understood his rights.

Jimmie Whisman01:21:44

I know my rights.

James Pietragallo01:21:45

I know my rights. Now, the videotape shows Agent Rupert asking him whether he'd been advised of his rights. The video shows him nodding his head slightly and saying yes. Then Donald told the lieutenant and the agent that he and his girlfriend had purchased a pregnancy test based on her statement to him that she might be pregnant, that he did not know whether or not she was pregnant, and that she had just told him that she did not want the baby. So he said that he just lost it at that point.

Jimmie Whisman01:22:16

Oh, okay.

James Pietragallo01:22:18

Lost it.

Jimmie Whisman01:22:18

Lost what? For what? Why?

James Pietragallo01:22:20

His mind. I don't know. She's not pregnant?

Jimmie Whisman01:22:23

Right.

James Pietragallo01:22:23

Head explodes. It's not like he thinks she's lying to him. He had the pregnancy test in his goddamn hand. Is there fucking two lines or not, stupid? If there isn't, then she ain't pregnant. I don't know what you want from her.

Jimmie Whisman01:22:36

It's more than that, though, right?

James Pietragallo01:22:40

Yeah. It has to be. It has to be the whole, "I'm rejecting you completely and moving back to Mississippi with my husband." But I think he figures if he leans on the baby angle, maybe they'll understand it's not just him being a jealous guy. "She killed my baby." That's what he's telling them.

Jimmie Whisman01:22:56

She killed it.

James Pietragallo01:22:58

So he indicates to the officers that he didn't understand what happened or why he did what he did. I don't know what happened. So they press him for further details, and he says, "I don't want to talk about it." So they continue to question him, though. Because he didn't ask for a lawyer. He just said, "I don't want to talk about it," which is not, "I want a lawyer." So he subsequently stated that his life was over and that he, "Knew where he was going." At one point, he said, "I just want to die. Can somebody just kill me? Is that possible?"

Which I also see that a lot in interrogation rooms. Some of these interrogations are like, "Just kill me, dude." The cops are like, "It's on video. I can't just do that." That's crazy.

Jimmie Whisman01:23:39

I saw one recently where he said that. He's like, "Just shoot me. Just fucking shoot me." And they're like, "No, we need to talk about this." And he kept saying it over and over.

James Pietragallo01:23:46

It's all, yeah.

Jimmie Whisman01:23:47

"Just shoot me. I know where I'm going."

James Pietragallo01:23:50

Yep. So the lieutenant and the agent sought details, and he reiterated several times he did not want to talk about it. Fair enough, right? I don't want to talk. So anyway, the videotape shows that throughout the interview, he gave unresponsive answers to questioning, placed his head down on the desk or in his hands, and cried intermittently.

Jimmie Whisman01:24:11

Oh.

James Pietragallo01:24:12

It's a bad showing for Donny Boy here.

Jimmie Whisman01:24:13

Yeah. I do love a good cry fest during an interrogation. That's so fun.

James Pietragallo01:24:19

I like that, too. I like that a lot, too. They just crumble.

Jimmie Whisman01:24:23

Yeah. I just saw recently the beginning of the Sarah Boone one again.

James Pietragallo01:24:27

Oh, God.

Jimmie Whisman01:24:28

And the amount of times that she just imposes her own sentence upon herself.

James Pietragallo01:24:35

Yeah, yeah.

Jimmie Whisman01:24:36

It's so amazing.

James Pietragallo01:24:37

Tell you what, I'm not going to be drinking anymore. That I'll tell you right now.

Jimmie Whisman01:24:42

I'll never drink again.

James Pietragallo01:24:43

She acts like she's a teenager who had a party and broke a vase. You know what I mean?

Jimmie Whisman01:24:48

And threw up on the carpet.

James Pietragallo01:24:50

Never drink again. I'll never have my friends over. I'm grounded for two weeks, at least.

Jimmie Whisman01:24:55

Somebody put Ever Clear in the Kool-Aid, and now the new carpet stanked forever. And I am so sorry. I'll never do it again.

James Pietragallo01:25:03

You murdered a dude. Yeah. Holy shit. So anyway, no waiver of rights form was generated during this interview. So they didn't have him sign anything, didn't have him do anything. They just came in and said, "You know your rights, right?" And he said, "Yeah." And they went, "Okay, good." And they kept talking. So after about 28 minutes, when he finally became totally unresponsive during this interview on video, they left and turned the interrogation over to Chief Maguire of the Franklin Police Department and Detective Sonier of the St.

Mary Sheriff's Office. Are there any homicide detectives here?

Jimmie Whisman01:25:39

Well, are there anybody from La Place available?

James Pietragallo01:25:42

Yeah. Well, they act like that is not a specialty thing.

Jimmie Whisman01:25:48

Yeah.

James Pietragallo01:25:49

You're selling a product.

Jimmie Whisman01:25:50

That's so annoying.

James Pietragallo01:25:51

Yeah. You're selling a product nobody wants to buy, and that's life in prison at the very least. So you got to be real good at selling that fucking product.

Jimmie Whisman01:25:59

Yeah.

James Pietragallo01:26:00

Because yeah, it is not something they want, and you still have to get them to give it to you. That's a lot.

Jimmie Whisman01:26:05

Yeah. That's worse than selling you guys, because this is literally nobody wants this.

James Pietragallo01:26:11

Nobody wants this. Nobody wants life in prison. So new interrogators enter the room. He initially ignores them, too. He's like, "I'm not interested." So during the next portion of the videotaped interview, lasting from approximately 1:13 to 1:40 PM, no signed waiver of rights form was obtained again. Eventually, he answered the officer's questions regarding his relationship with Kimberly, the suspected pregnancy, and his bewilderment at why he did the things that he did.

Just doesn't get it.

Jimmie Whisman01:26:42

He can't believe it.

James Pietragallo01:26:43

He reiterated over and over his belief that his life is over, he kept saying.

Jimmie Whisman01:26:47

Yeah, it's Donald. Yeah.

James Pietragallo01:26:48

You got that right. So throughout this portion of the interview, he again stated multiple times that he, "Did not want to talk about it and did not want to talk anymore." Finally, he said, "I want to go back to my cell. I'm through answering questions. Can I leave?" At this point, the cops finally terminated the interview and said, "Well, he's not answering any more questions, so fuck it." Now, this interview lasted about two hours. Only 28 minutes was on videotape. And basically, they said he may the cops say they Mirandized him before they started the videotape going.

So there is no proof that they did or proof that they didn't Mirandize him in the hour and a half that was not on tape while this was going on. But on tape, they asked, "You still understand your rights that you've been read?" And he said, "Yes." So that's all they have. So then he goes back to his cell for a few hours. All right. Take a little nap. December 11th, 2001. It's 8:30 PM. So same day, 8:30, few hours later, he is formally booked in the Franklin Police Department booking room by the lieutenant who was questioning him.

And a videotape is made during that encounter. Apparently, the reason for the booking delay was his action of, once he got to jail, he continued to ram his head into the wall at the St. Mary Parish Jail and kept complaining that his head hurt.

Jimmie Whisman01:28:20

Yeah.

James Pietragallo01:28:21

That's what happened. Yeah. So the lieutenant said the jail nurse attended to Donald, cleaning some cuts on his face and ear and giving him liquid Tylenol, which will do nothing, I'm sure, unless it's the good stuff.

Jimmie Whisman01:28:33

A little acetaminophen.

James Pietragallo01:28:35

Yeah. In addition, Donald's subsequent statements that he wanted to die and that his life was over caused the police to put him on monitored suicide watch, making his sleeping, eating, and drinking routines something they have to stare at, basically. Now, on the videotape of him being booked, the lieutenant's heard stating that he had not wanted to wake him up earlier. Apparently, he went in his cell and went to sleep. So the lieutenant was like, "Hey, didn't want to wake you up earlier to talk to you. It looked like you needed a little rest." During the booking procedure, the lieutenant presented him with a waiver form of rights and had him read it to himself.

The lieutenant specifically informed him that he did not intend to obtain a statement from him at that time, but wanted to ensure that he knew and understood his rights. He read aloud the rights, everything, blah, blah, blah, willing to make a statement, willing to answer questions. After reading the waiver portion of the form, he responded. Donald says, "Yeah, I'm going to need a lawyer, though," which is the opposite of that. That means I'm not talking to you. The lieutenant then explained to him that, basically, you could obtain a court-appointed counsel if you're indigent or if you got the cash, fire it and call a lawyer.

Jimmie Whisman01:29:49

Enjoy.

James Pietragallo01:29:50

Yeah. Get the best one you can get. So then the lieutenant concluded the explanation by stating something similar to, "There's nobody that can say there's nobody that says you can't call a lawyer or something." So Donald did not continue the discussion regarding counsel, nor did he request counsel at that time. During the remainder of the booking procedure, there was no more questioning about the crime. Instead, regular booking proceedings, mugshot, fingerprints, all that shit. He was also offered a shower, shave, and food as well, cleanup.

He wanted to know if anyone this is Donald. He wanted to know if anyone had called for him. Would have we taken messages?

Jimmie Whisman01:30:34

Is there handling service here?

James Pietragallo01:30:35

What the fuck? Yeah. There's no voicemail for you here. The lieutenant said, "What the fuck should I know if someone called for you? I don't know."

Jimmie Whisman01:30:42

Can I check my voicemail?

James Pietragallo01:30:44

Yeah. Then out of nowhere, there's a pause and some time, and Donald just asks, "Did anybody die?" And the lieutenant says, "Yeah." Okay. Lieutenant then told Donald that he would not speak to any of the defendant's family members who may have called until the defendant said that he could, basically. So he said, "Hey, listen. You tell me and I'll talk to them." So the videotape shows him, Donald musing that he would get life, maybe worse.

And the lieutenant again offered him food or asked if he would like to speak with a priest or someone else, and he said he just wanted to lie down. Just want to lie down. So the next morning, December 12th, 2001, he's still there, obviously. Captain Broussard of the Franklin Police Department arrived at work at the jail at 7:30 AM. So this Captain Broussard, on his way to check the video monitor that had been set up to record his activities while he's in the cell because he's on suicide watch, he sees Donald sitting on the floor of his cell by the door.

So he goes over, casually converses with him. The captain observes that he was making little statements about what was going on, and I asked him if he was willing to make any statements on the record. He's like, "He's kind of open to talking." He indicated that he was ready to do that, Donald.

Jimmie Whisman01:32:07

Yeah, great.

James Pietragallo01:32:08

I'll make some statements on the record. So he contacted Chief Maguire, who accompanied Captain Broussard to the defendant's cell. The chief entered Donald's cell, brought him coffee, sat on the bed next to the defendant, and gets a statement. Neither officer recites Miranda warnings, nor was a waiver form signed at this time again. They figured that one must still hold from yesterday, basically.

Jimmie Whisman01:32:31

Somebody else must have done it.

James Pietragallo01:32:33

Unbelievable. So the audio recording of this interview is mostly inaudible. This fucking police department is a wreck.

Jimmie Whisman01:32:40

And inaudible?

James Pietragallo01:32:41

They don't even know how to tape something. What the fuck is wrong with these people?

Jimmie Whisman01:32:45

God damn it.

James Pietragallo01:32:46

They show the encounter with the defendant. They said that the interview concluded at about 9:19 AM. So over an hour. It's good long talk. The conversation with Broussard and the questioning by Chief Maguire lasted less than two hours. And basically, this is how the chief sums up the statement that they received from Donald. Like I said, this is on video, but inaudible. Okay. "He told me that he found out Kimberly was possibly pregnant and that he had left a note wanting to speak with her the day before the incident on the van at Walmart."

You know she'll be there. You just go look for her van. Later on, her and him, her and Kim okay, this is the exact quote. Later on, her and him, her and Kim, him and Kim - he couldn't get that right - went and retrieved a pregnancy kit from Walmart. Pregnancy test kit is what he should that sounds like to get you pregnant. It's a pregnancy kit.

Jimmie Whisman01:33:53

Pregnancy kit.

James Pietragallo01:33:54

It comes with viral sperm.

Jimmie Whisman01:33:56

A baster and yeah.

James Pietragallo01:33:58

Some good sperm.

Jimmie Whisman01:33:59

A frothing machine.

James Pietragallo01:34:01

Oh, you got to have that. It's like you're making a cappuccino. You need something.

Jimmie Whisman01:34:05

Whips it up and makes it much more body.

James Pietragallo01:34:09

You can just use a cappuccino maker, though, for the same thing. Like where you steam the milk.

Jimmie Whisman01:34:13

For steaming.

James Pietragallo01:34:14

It's the same thing. It works. He said he didn't know what kind to pick up and actually picked up the wrong thing, so she had to pick it up.

Jimmie Whisman01:34:24

What is it, Monostat or some shit?

James Pietragallo01:34:25

He doesn't even know how to buy a fucking pregnancy test, this goddamn asshole. He brought tampons and was like, "Stick these in you. They'll tell you." They don't tell you what's in there. So he said this is, again, the cop. And I asked him how much it cost, and he said approximately $10. They retrieved the pregnancy test and went to his house. He said that after the pregnancy test was conducted, she didn't tell him or show him whether it was positive or negative. She wanted to leave. He got angry.

That's when he had some tie wraps in his bedroom. He secured her with the tie wraps. He said there was a roll of tape at the top of his refrigerator that was used for packing. He took a knife from the kitchen sink, cut the tape, put a piece of tape on her mouth because she was yelling and screaming, and he didn't want anyone to hear. So he taped her mouth, put her in the van, and went to drive away so they could find a quiet place to talk. I asked him where he retrieved the gun from, and he said the gun belonged to Kimberly.

Jimmie Whisman01:35:28

Oh, that's Kim's gun.

James Pietragallo01:35:29

It's Kim's gun. I just took it from her. And that when he was putting her in the van, pushing her across to the passenger side, that she had a purse in between the two seats and that it was tied with a string and that it had fallen open and the gun had fallen on the floor. How lucky. How lucky.

Jimmie Whisman01:35:48

She's got a loose purse pistol.

James Pietragallo01:35:50

How lucky are you? You go to kidnap someone, you don't have any weapons, and a fucking gun falls out on the floor from the victim that you can use, that they didn't think to pull on you.

Jimmie Whisman01:36:01

Turn the roll too fast and whoops a daisy if I'm not armed now.

James Pietragallo01:36:06

Wow. Super weird. So he took the gun, he put it in his pants, drove to the Centerville area, which he was familiar with because he had been fishing in that area. So okay. When he drove to that area, he said that Kimberly didn't want to talk to him and that he kept wanting to and that he kept wanting to talk to her. It's clear she doesn't want to talk. He removes the tape from her mouth. He said he balled it up. He didn't remember if he had thrown it on the floor of the van or out the window.

He said that somewhere in the Centerville area, after they had crossed the Bayou, there was a pumping station near the area where he was going. The van had slowed down and she opened the door of the van and she had gotten loose from her tie wraps and jumped out of the van. He said that while the van was still moving, he jumped out of the same door she did and the van continued rolling and hit a mailbox. I just think it's by the way, this is information we know, but it's very interesting to hear his point of view of how this went down. It's like, "There was a gun. It just fell on the floor and I picked it up."

Didn't have a gun before that.

Jimmie Whisman01:37:09

I jumped out the same door she got out and the car kept rolling till it hit a mailbox. That wasn't before.

James Pietragallo01:37:15

The mailbox. No. And it's funny because she says he pulled the gun out in the house and he's like, "I didn't get the gun till it fell out of her purse in the car."

Jimmie Whisman01:37:24

In the center console.

James Pietragallo01:37:26

You know how it is. He said he jumped in the van, stopped the van, and then started looking for her. He said there was all kinds of people and people were yelling and screaming, and then he thought he heard Kimberly. A lady was standing there and he was asking, "Where was Kim? Where was Kim?" And she wouldn't answer, and the gun went off.

Jimmie Whisman01:37:46

That doesn't happen.

James Pietragallo01:37:48

Goes off. He said he then saw a male subject come to the door of that house and he thought he heard something in the house that he thought was Kim, so that's why he went into the house. He said that the male subject reached over towards over a table, toward the sofa, and at that point, he fell on the sofa. He didn't say, "I shot the guy," and he died. He just said he fell on the sofa.

Jimmie Whisman01:38:17

He reached towards the sofa, then fell on it.

James Pietragallo01:38:21

A lot of times when I lay down on my sofa, it severs my spinal cord. So I totally get that. It's very normal.

Jimmie Whisman01:38:27

If you're real tired, they do say, "Be gentle. Don't fall into the couch."

James Pietragallo01:38:32

You'll absolutely sever your spinal cord. He said he thought the back door was he saw the back door was open and thought it was Kim, so he proceeded out the back looking for Kim. I asked him what he had done with the gun, and he told me that he threw it in the wooded area behind that home. Then he heard sirens, so he jumped into the back of the van, back into the van, and took off. And he had some work gloves on, some black dot work gloves, and he threw the black dot work gloves and the knife out somewhere near Calumet.

So they think maybe that caused the spark, the knife. Ran from police and pulled into the Morgan City Police Department. That's where he was apprehended. And the chief said that what Donald told the chief here was consistent with other information received by the police, except for a few particulars like shooting the guy. And they said also the gun obviously didn't belong to Kimberly because they already talked to the guy who sold it to him.

Jimmie Whisman01:39:35

Who sold it?

James Pietragallo01:39:36

They already talked to Ricky. Yeah, Ricky already came forward here. Ricky's like, "I'm Ricky. They'll blame me. I got to get out from under this."

Jimmie Whisman01:39:43

I'm going to get out ahead of this and let y'all know I am a Ricky. That part is true. Also.

James Pietragallo01:39:50

I am Ricky. Hear me roar. So after the conversation in the holding cell, the chief asked Donald if he would like to make a recorded statement, and he agreed. After taking a 40-minute break so that the interrogation room could be set up, I assume the camera and everything like that. So during which time that Donald was allowed to take a shower, spend some time outside, and then he gave a videotaped confession at 10:00 AM in the presence of the chief, the captain, and the lieutenant.

Okay. Now the chief says that Miranda warnings were given prior to obtaining the recorded statement. Also, the chief testifies that the defendant signed a consent to search during the taking of the statement. The captain testifies the lieutenant advised Donald of his rights. The lieutenant testifies that he advised him of his constitutional rights, and another rights form was filled out along with a consent to search. So that should be taken care of now. The videotape shows that he initially, Donald initially, expressed that he did not want to talk anymore and that he wanted to, quote, "rest his mind."

This is the type of guy who needs to rest his mind, I feel like.

Jimmie Whisman01:41:03

Isn't that called sleeping?

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James Pietragallo01:41:05

He needs to build up his thinking power, though. It's like, "I can't think right now. I'm going to need to think later. So I got to save up all my thinking for later."

Jimmie Whisman01:41:15

I'm going to need to recharge the batteries to my noodle.

James Pietragallo01:41:18

He's a little low here. So the chief stressed the need to get his statement on the record so that the police could check the information that he gave them. You want us to believe you? I need something to go on. Lieutenant reprimanded or reminded, I'm sorry, Donald about the rights that they had discussed the night before and specifically informed him of his right to remain silent. The captain put a cassette tape in the recorder, and Donald informed them that he did not feel comfortable.

Jimmie Whisman01:41:49

In talking?

James Pietragallo01:41:51

With the camera on, he's like, "Usually, they're my dicks out when the camera's up. If I take my dick out, would that make anyone else feel uncomfortable? Because I'd feel better if I could."

Jimmie Whisman01:41:59

Have y'all got two ring lights? That's usually enough.

James Pietragallo01:42:01

Is that?

Jimmie Whisman01:42:02

I don't shoot with just the one.

James Pietragallo01:42:04

I need a because otherwise, there's going to be shadows, really.

Jimmie Whisman01:42:08

Yeah. I need this thing to look.

James Pietragallo01:42:10

I don't want to look like a villain. You know what I mean? Yeah. If you could let me even and honestly, if I'm being realistic, put that bouncer on the bottom. Give me an uplight if I got one on top because I like them to meet in the middle and just make my face like a shining star diamond type of thing.

Jimmie Whisman01:42:28

One angle of light casts a shadow on my thigh, and it looks small. I'm going to be honest. When you have two, though, it's like an X marks the spot.

James Pietragallo01:42:39

It's like a celestial at that point. It's like a star.

Jimmie Whisman01:42:44

Gives it a halo.

James Pietragallo01:42:45

Gives it something here, like a planet.

Jimmie Whisman01:42:47

It's the head reflection.

James Pietragallo01:42:48

It's glowing, see? So anyway, he said that, "Obviously, you don't have to talk if you don't want to, but whatever." Now the cops tried to ascertain what aspect of the interview made him feel uncomfortable, specifically questioning his feelings about the audio tape. He responded that he just didn't know what to do. He said, "I just don't know what to do." What makes you uncomfortable? He goes, "I just don't know what I'm doing." So they reiterated they loved to get his statement on record and urged him to read over the rights form.

He stated he did not want to spend the rest of his life in prison and indicated that he knew that was going to happen. He then asked the officers to confirm that the woman he shot was okay and asked if the man he shot had been her husband. He was told that the man was the woman's husband. Then, out of nowhere, he began to sob and cry and stated that he didn't even know the man he shot. "I didn't even know the man." Well, why the fuck'd you shoot him then, you moron?

Jimmie Whisman01:43:49

What the fuck are you doing?

James Pietragallo01:43:50

He was, again, urged to read over his rights form so that they could search for the evidence that would support his story. At this point, the videotape reflects that he agreed to give a written consent to search so the officers could search his house. When asked specifically if he was refusing to sign the waiver of rights form, he said that he did not want to talk. They told him that in order to obtain written consent, he would have to, quote, "do his rights too." Do his rights. Then he appeared to want the officers to search his house to find the evidence that would corroborate the information he was telling them so that they could see he was telling the truth.

So the rights form was presented to him, and he was asked by Captain Broussard whether he wanted a lawyer with him right this second. And he said, quote, "I know I need to see one," which is not an answer.

Jimmie Whisman01:44:42

No.

James Pietragallo01:44:44

He then went on to say that he just didn't know what was going to happen to his life. Well, I got a pretty good idea at this point what's going to happen.

Jimmie Whisman01:44:50

I don't know how you don't know.

James Pietragallo01:44:52

Yeah. You got a good idea here. So the captain tells him that the judge would appoint a lawyer for him. He doesn't raise the issue of counsel again, but answers the officer's questions, implicating himself in aggravated kidnapping and the shootings of Evelyn and Troy. When the officers conclude the interrogation, they again attempted to have him sign the waiver of rights form, and he told him that the rights on the form were the same ones that were read to him by the lieutenant. He said, "Okay," and then signed the waiver of rights, which usually comes before you make a statement, by the way.

The entire interview lasted about 35 minutes, so this was not long at all.

Jimmie Whisman01:45:33

Quick.

James Pietragallo01:45:34

So yeah. And then he also made an unrecorded statement to Chief McGuire and Captain Broussard. In the interim, he was allowed to refresh himself, take a shower, and go outside again. He was reminded of the Miranda provisions, which had been thoroughly discussed, obviously. When he expressed yeah, it just keeps going on with this, "What do we do here?" So then he makes a fifth statement, sort of. Okay. This is a call with his brother, Mark.

Jimmie Whisman01:46:07

Nice.

James Pietragallo01:46:08

And basically, he talks to his brother Mark from jail and then is mad it's recorded. They're all recorded. That's it.

Jimmie Whisman01:46:21

You're using their phone, man.

James Pietragallo01:46:22

Yeah. The only person you can talk to without any sort of supervision is going to be a lawyer. That's it. Nobody else. Maybe a priest, but definitely a lawyer.

Jimmie Whisman01:46:31

But if you're using somebody else's phone, assume that whatever you're saying is being heard by everybody on the planet.

James Pietragallo01:46:39

Everybody completely. So apparently, the police said that he was invoking his right to counsel and that further questioning of the police was prohibited. That's when he said, "I don't want to talk to anyone anymore. I want to talk to a lawyer, and I want to go to bed or whatever." So then his brother Mark returned a phone call which the lieutenant had placed at the request of the defendant. Basically, he said, "Can you call my brother?" So they said, "We'll call your brother." They called his brother. They left a message, and then his brother called back.

Okay. So this obviously is all recorded. And the lieutenant asked his brother Mark whether he wanted to speak to Donald by telephone or if he would prefer to come down to the police station. Mark said, "I'll talk to him on the phone." The lieutenant advised Mark that the telephone call would have to be on speakerphone. So not only is it recorded, we're all going to listen to it.

Jimmie Whisman01:47:34

We're going to be actively listening and recording.

James Pietragallo01:47:38

And recording.

Jimmie Whisman01:47:38

Certainly right here.

James Pietragallo01:47:39

Yeah. Mark said that would be all right, and however he wanted to do it, that's fine. So I don't care. The lieutenant also said he informed Mark that the telephone conversation would be heard and recorded. They said, "Normally, under circumstances, we don't let anybody talk to inmates, but I figured that he, the defendant, needed to talk to a family member. So I went to my office, opened my office up, got him, brought him into my office, explained to his brother that it'd be on speakerphone, and it's all recorded." They let him talk to his brother, and the lieutenant said, "I stepped out of my office and left a crack in the door about like that, that far open, to let him talk to his brother."

Here's what they got on tape, quote, "She was going to kill the baby. I just lost it, man." Okay. So Mark says, "Is everything they're telling me true, bro?" And he says, "Yes, Mark, it's true." Okay. Mark then says, "Do you know what the sentence for murder is?" Donald said, "I never meant to hurt nobody. I've got to pay for what I've done. My life's over with. I made a bad decision and wasn't thinking. I was trying to find her, and they were hiding her.

I didn't mean to hurt nobody. It just drove me crazy."

Jimmie Whisman01:48:55

Oh, boy.

James Pietragallo01:48:56

He then gave Mark's phone number or he gave Mark Zimmerman's phone number and said, "Call her and ask her why " that's the husband of her. "Call her and ask her why she'd done this to me, why she pushed me to the edge like this. You call Kim up.

Jimmie Whisman01:49:13

Call my—

James Pietragallo01:49:14

Harass her more.

Jimmie Whisman01:49:17

Call her old man and ask him why she'd done this to me.

James Pietragallo01:49:21

To me. I couldn't get answers for questions at gunpoint, but you call her and see if she'll answer your questions.

Jimmie Whisman01:49:29

Yeah. Call her old man, and that ought to do it.

James Pietragallo01:49:32

So this is all this is not good, basically. He expressed sorrow and despair, and he instructed his brother to sell his truck and whatever other possessions he owned in order to provide him with any kind of money here.

Jimmie Whisman01:49:46

Oh, so my truck or sell your truck?

James Pietragallo01:49:49

So my truck.

Jimmie Whisman01:49:49

Okay. All right.

James Pietragallo01:49:50

So if you know where my truck is, sell it. The title's in here and blah, blah, blah. So Evelyn, recovering in the hospital, sums everything up. She says, "You could see in his eyes that there was evil present. That night was evil."

Jimmie Whisman01:50:04

The whole night. Wow.

James Pietragallo01:50:05

The whole night.

Jimmie Whisman01:50:06

The witching hour.

James Pietragallo01:50:07

It is the witching hour. It was midnight. 12 midnight, the witching hour.

Jimmie Whisman01:50:11

That's a whole damn night. Yeah.

James Pietragallo01:50:12

But Evelyn said she knew beforehand that she was going to live thanks to what she described as a spiritual experience she had while lying on the ground waiting for help to arrive. Also, you lose blood. You start to see things.

Jimmie Whisman01:50:23

You get lightheaded.

James Pietragallo01:50:26

Yeah. She said, "I prayed and said, 'God, please don't let me die.' I knew Troy was dead. When he was shot, I felt something move through me and lift me up. I said, 'God, please don't let my kids find me dead.' And then a voice told me that I wasn't going to die. It wasn't my time." So who knows? So whatever. She lived. Now, plea offers. They offer Donald plea deals.

Jimmie Whisman01:50:51

Why?

James Pietragallo01:50:51

Plea deals. Because it's just messy. The whole thing's messy and expensive in Louisiana. I don't know if you've seen the state of the economy down there.

Jimmie Whisman01:51:01

Not a lot of infrastructure.

James Pietragallo01:51:02

Not a lot of extra cash flying around Louisiana, let's just say. So if you can get somebody to just go to prison forever and shut the fuck up, I guess you do it.

Jimmie Whisman01:51:10

I guess you've also got a lady who's got seven fucking surgeries she's got to deal with.

James Pietragallo01:51:15

She's got that. Who knows? So he turns down two plea offers that would have given him life in prison.

Jimmie Whisman01:51:21

Oh.

James Pietragallo01:51:22

Okay. He wants to go to trial, damn it.

Jimmie Whisman01:51:25

He really wants to.

James Pietragallo01:51:26

I don't know what he's going to prove. If he's convicted of murder, the minimum is life in prison. So what did he think he's going to get? Less than that? I don't know what they're going to find him not guilty. I don't know what he's thinking here.

Jimmie Whisman01:51:39

Yeah. And if he gets a dickhead judge that really wants to prove a point, he could give him life without and then consecutive whatever the fuck for attempted murder.

James Pietragallo01:51:50

Who knows? Yeah. So June of 2003, while he's awaiting trial, he sends a letter to Kimberly from prison.

Jimmie Whisman01:51:57

Oh, no.

James Pietragallo01:51:57

This fucking lunatic. Okay. Wow. She receives a letter, and she is just horrified by it. I mean, traumatized. She said, "Dearest Kim," I'm sorry. He said, "Dearest Kim, hello, my love." Hello, my love? What the fuck are we talking about? He said, "Well, how are you?" "Well, I'm just fine. I'm fine. Just fine, except for this mess you caused."

Jimmie Whisman01:52:27

So she's the problem.

James Pietragallo01:52:30

"You caused this."

Jimmie Whisman01:52:31

Yeah.

James Pietragallo01:52:33

Yep. He said, quote, "Someone else shot those people while I was looking for you. Probably drugs had to do with it."

Jimmie Whisman01:52:41

Oh, boy.

James Pietragallo01:52:41

He's now telling her, "I didn't shoot those people. While I was looking for you, there was some other madman running around with a gun shooting people."

Jimmie Whisman01:52:50

Probably on drugs.

James Pietragallo01:52:51

Yeah. You know how it is around here. Lots of people on drugs.

Jimmie Whisman01:52:54

Wow.

James Pietragallo01:52:55

You ran me into a goddamn.

Jimmie Whisman01:52:58

You did this to me.

James Pietragallo01:53:00

Yeah.

Jimmie Whisman01:53:00

To me.

James Pietragallo01:53:01

In a trailer park, how am I supposed to know there's not some drug man out there just killing folks? And I got.

Jimmie Whisman01:53:07

You know how people are.

James Pietragallo01:53:08

I got sewn up on. I couldn't help it. So one month before trial trial's coming. It's one month away. He's decided he wants to represent himself.

Jimmie Whisman01:53:20

Hell yeah.

James Pietragallo01:53:21

Because from everything we've seen from him so far, he clearly has the intellect to defend himself in a death penalty case, for sure. So the self-representation was first raised by him on December 10th, 2003, less than a month before trial, after discussing his pro se, the motions he filled out, which duplicated defense motions already acted upon. He just copied the ones his lawyers did. Defense counsel indicated the defendant had more that he wanted to discuss at the hearing. His attorney said, "Your Honor, earlier this afternoon, Ms.

Broussard, who's the co-counsel " I don't know if it's related to the captain or not, but "and myself talked to Mr. Legler about his motions that you just denied, and the subject matter came up about him possibly representing himself. I want to put it on the record right now because he's expressed an interest of a possibility of representing himself, and I just want to clarify if he does want to do that. And if so, you need to take the proper steps in determining whether he can be allowed to represent himself or not."

And then the judge said, "All right." And Donald said, "Your Honor, between choosing bad counsel and representing myself, I would have no choice other than but to represent myself."

Jimmie Whisman01:54:38

Yeah. It's either me or bad counsel.

James Pietragallo01:54:41

Or bad lawyer.

Jimmie Whisman01:54:42

Bad counsel or worst wait.

James Pietragallo01:54:44

Not a lawyer or bad lawyer. Which one would you rather have?

Jimmie Whisman01:54:49

Bad counsel or worst counsel? I'll say bad all day.

James Pietragallo01:54:52

Maybe bad. He said, "Because Mr. Calwort," that's the lawyer's name, "has failed numerous times to file motions to protect my rights. This is the reason why I've had to file these motions on my own. And being a layman in court proceedings, a lack of knowledge of applying the proper court procedures and articles, and therefore, that's the reasons and causes why I have brought these motions to the court's attention." All of a sudden, he took non-dummy pills for five minutes. He sounds half intelligent.

Jimmie Whisman01:55:20

I'm a layman.

James Pietragallo01:55:21

He said, "And they were denied based upon the defendant didn't allow the counsel to file them, and that was one of my arguments in one of the motions I had. And Mr. Calwort has waited 15 days before trial to start preparing a defense, and I believe it's been prejudiced. It's been prejudiced. It's prejudiced me. The time has been two years tomorrow since this occurrence, and now he chooses to put forth an effort to defend me. At no time has he come and seen me since I've been housed at the Department of Corrections at Angola.

Not once. Oof, that's rough.

Jimmie Whisman01:55:55

Oh, he's at Angola.

James Pietragallo01:55:56

And maybe a half dozen times he visited me in New Iberia, but not very briefly."

Jimmie Whisman01:56:02

They're putting him in the worst place.

James Pietragallo01:56:04

Yeah. How do they call it New Iberia? What the fuck does that have to do with Portugal and Spain?

Jimmie Whisman01:56:09

Is that what it is?

James Pietragallo01:56:10

That's Iberia. Iberian Peninsula is Portugal and Spain. Couldn't think of anything less.

Jimmie Whisman01:56:16

It might be an island area.

James Pietragallo01:56:18

It's by water. I mean, I'll give it that, but.

Jimmie Whisman01:56:20

It's swampy.

James Pietragallo01:56:21

You are pushing it, people.

Jimmie Whisman01:56:23

Look at this moisture.

James Pietragallo01:56:25

There's a lot. There's bugs. I'll tell you that much. He said, "And then in the time we spoke on certain things, we have a total conflict of interest between me and Mr. Calwort. We're not on the same page." That's not a conflict of interest, by the way. That just means.

Jimmie Whisman01:56:38

We're not on the same page? That conflicts with my interests.

James Pietragallo01:56:42

Yeah. I don't like that. "In the little time I've talked with Ms. Broussard, I've only met her one time for 45 minutes, and it seems that we have a better communication between the both of us, and state law says the defense lawyers must work with the defendant and give notice."

Jimmie Whisman01:56:58

State law.

James Pietragallo01:56:58

State law. "And Mr. Calwort has failed to do that. I can't even make a collect phone call to his office because they won't accept it." Now, a lot of times, by the way, people don't realize is that these people from prison will try to call their lawyer collect like 10 times a day. They're like, "I don't need to talk to this guy 10 times a day. I need to talk to him when I need to talk to him, and I'll get with him. I don't need to get 10 different collect phone calls a day from this idiot."

Jimmie Whisman01:57:24

I don't need to talk to him every time he thinks of something.

James Pietragallo01:57:27

That's the thing.

Jimmie Whisman01:57:28

"Wait. I think I've cracked the case. Stop calling me."

James Pietragallo01:57:31

They act like that's the only case they're working on or the only thing going on. He said, "And Mr. Calwort " And Mr. Calwort has failed to do that. "I can't even make a collect phone call to his office because he won't accept it. I wrote letters. He hasn't replied back. I had done that with Mr. Gary LaGross too, and they failed to do that as well. So that's why I filed these motions, Your Honor, on two separate occasions asking for Mr. Craig to be dismissed and appoint another counsel." The judge says, "All right, but that doesn't speak to most of what you said.

Doesn't speak to the desire to represent yourself. It speaks to the desire to be represented by other counsel. Is that what you're telling me?" And he says, "Well, Your Honor, I'd like to participate in trial if that's allowed, but " The judge says, "Well, well, I mean, just over the course of the last 10 or 15 minutes that we've been in court, I've witnessed your participation with counsel and instructing your counsel as to what you would have them to present with respect to motions in court. There's nothing I can see that I can see that your counsel has done, nor this court has done to prevent you from participating in your defense.

When it comes to representing yourself, your last comment was that you're not a person trained in law. You're a layperson, and it appears to me that you are pointing up your inadequacy to represent yourself in these proceedings. So more and more I'm hearing, or what you just told me is that I sense Mr. Calwort was pointing out there's not a desire on your part to represent yourself in front of the jury or present your case. The question is, you want someone else rather than Mr.

Calwort. Is that what I'm saying? Is that what I'm hearing?" He says, "Yes, Your Honor. You're saying it right. With me choosing between bad counsel, in which he has demonstrated that, today, at the last two years, Your Honor, is the only time he's done anything where he's talked to me. We've been arguing for the past two years, and we've been bumping heads. And like I've said, we haven't been on the same page. I would feel more comfortable if Ms. Broussard would be lead counsel, and I would ask the court."

And his lawyer, Calwort, says, "That's something we could probably work out." I don't want to fucking deal with this idiot. Then Broussard said, "I'm not certified to be lead counsel." It's a capital case. You have to be a death penalty certified. There's certain requirements to be a death penalty qualified lawyer. You can't just get any lawyer to fucking do that shit. No. So the court said no. And he said, "Mr. Calwort, you brought up the issue of Mr. Legler wanting to represent himself.

I don't think that's what he intended." And his lawyer said, "One of the specific things he requested, Your Honor, was to be allowed to question the jurors and the witnesses himself." And I told him that wouldn't be allowed unless he was counsel, unless he was representing himself.

Jimmie Whisman02:00:23

I'm telling you, no. Let me handle it.

James Pietragallo02:00:26

Let me talk to him and see what they say. Get Kim up on this. I'll talk to her. I'll get her to admit it's all her fault. That's what he's thinking in his head too. It's exactly what he's thinking.

Jimmie Whisman02:00:34

Why does he think he's going to do a better job?

James Pietragallo02:00:36

Because he's a fucking idiot. Dumb people don't realize how dumb they are. That's one of the I think the keys of being smart is knowing when you don't know something. And just going, "Well, I don't know how to do that. I should get someone." Whereas dumb people are like, "I could probably fix that myself." And then next thing you know, they're standing in knee-deep water.

Jimmie Whisman02:00:53

Yeah. I don't think that he understands.

James Pietragallo02:00:55

Bumps are his lawyer.

Jimmie Whisman02:00:56

I think his lawyer's trying to tell him, "Look, the only way to do that is to be counsel, meaning you're not counsel. I am. I'll take care of that." And he's going, "Well, then I'll just do that."

James Pietragallo02:01:08

In one breath, he's saying, "I want to represent myself." And then he's saying, "I don't want to represent myself. I just want a different lead counsel." And then he's saying, "But I want to question people." And they're going, "But you have to be the you have to represent yourself to do that." And he's like, "Well, I just want to question him without representing myself, though." He just wants to when he feels like it, he wants to be able to go up basically, he wants to yell at Kim in court and have it be allowed. That's what I think it is. He wants to confront Kim.

Jimmie Whisman02:01:32

Absolutely.

James Pietragallo02:01:32

And let her know what she's done wrong and how she caused all this shit, and it's all her fault. And I think he thinks, "If I can get her on the stand and tell her how she caused all this and how wrong she is, then the jury will understand it, and then I'll get to go home." And then maybe they'll put Kim in prison, which would be great for everybody, right? Excellent. I think that's what he's thinking.

Jimmie Whisman02:01:57

It's the strategy that people go into couples counseling, not realizing that the counselor is not judge and jury of your fucking relationship. They're here to point out how you both can heal. That's it. And then one person is going to inevitably come in going, "See? Side with me." And they don't do that. And that's what he wants. He wants the judge to go, "Oh."

James Pietragallo02:02:22

Well, he doesn't want he just wants to.

Jimmie Whisman02:02:25

We've gotten it all wrong.

James Pietragallo02:02:28

Yeah. This is the dream of every crazy person who's been dumped in a relationship is, "I'd like to get that person on the stand under oath so I could find out exactly what the fuck why they did what they did, blah, blah, blah." This is just a crazy, jealous, possessive person. It's like Ted Bundy wanted to question people. He wanted to control.

Jimmie Whisman02:02:46

In this room.

James Pietragallo02:02:47

Yeah. Yeah.

Jimmie Whisman02:02:48

Put it everywhere.

James Pietragallo02:02:49

I'll show the world what happened. That's right. So yeah, he goes on. "The motion to represent himself is denied. The motion to participate with counsel in the examination of witnesses or to present argument is also denied."

Jimmie Whisman02:03:07

Denied. Yeah.

James Pietragallo02:03:09

So he said.

Jimmie Whisman02:03:10

He can't do that.

James Pietragallo02:03:10

That's denied. He said, "If that was the request." So you can't represent yourself. And if you were asking for the thing I think you're asking for, you can't have that either.

Jimmie Whisman02:03:19

Right.

James Pietragallo02:03:22

No.

Jimmie Whisman02:03:23

In case.

James Pietragallo02:03:24

No ice cream and I believe yeah. No ice cream or candy either. I believe you asked for candy also. You can't have that either.

Jimmie Whisman02:03:33

In case you were asking for sprinkles or butterfingers. No.

James Pietragallo02:03:38

That happened. Plain cone is what you're getting. Cherry dip? I don't think so.

Jimmie Whisman02:03:42

No, no, no, no, no.

James Pietragallo02:03:43

Plain cone.

Jimmie Whisman02:03:43

Get out.

James Pietragallo02:03:44

Okay. So the trial comes up, and there's some pretrial shit here. He wants the identifications from lineups thrown out. He says, "They lined up a six-pack of pictures, as they do, but I had cuts on my face, so they knew that I had been through some shit where the other guys didn't. So they picked me out for cuts."

Jimmie Whisman02:04:02

They're in a pants, and I've had a night.

James Pietragallo02:04:04

It's been a long evening. So this is the IDs made by Evelyn and Zeb. He contends that he sustained the cuts to his face and his ear, and that would be shown. He says that out of the six-person lineup, he's the only one with facial injuries and argued that the photo array shown to the witnesses was unduly suggestive, tainting the identifications.

Jimmie Whisman02:04:28

Oh, that's funny.

James Pietragallo02:04:31

The defense counsel asked a detective as well as Evelyn Sloan and Zeb LeBlanc whether they noticed that the only person in the six-person photographic array who had cuts on his face was the defendant. None of the three witnesses indicated that they had noticed cuts on the face of the defendant in the pictures. Apparently, the distinction had minor, if any, impact on the eyewitnesses. So they said that looking at the photographic array, the cuts are indeed minor and not such as would be duly suggestive. He doesn't have a big bandage wrapped around his head or anything like that.

They said, "Clearly, the cuts did not focus any undue attention on the defendant." And they said, "Even assuming the lineup was suggestive, the defendant fails to demonstrate that Evelyn or Zeb misidentified him. Evelyn was unwavering in her positive identification of him. Zeb was tentative but correct on the characteristics he remembered. Based on the totality of circumstances, we find no substantial likelihood of misidentification." No. She's looked in this guy's eyes several times. She knows.

Also, the yellow jacket taken at a different place than where the warrant stated. He wants that thrown out, but it's not. So he also wants all his statements thrown out. And this is the legal shit here. He said, "The voluntariness of these statements was affected by physical and mental conditions that he was suffering from." He said, "The police coercively questioned him repeatedly over a day and a half, in effect, wore down his resistance."

Jimmie Whisman02:06:04

Under duress.

James Pietragallo02:06:05

Which you have to say, "I want a lawyer and will not talk to you or else they will keep wearing you down." That's how it works. They said that they find nothing to suggest the duration of the various interviews police had with him were too long. The longest interview he had was two hours. That is nothing in an interrogation. It takes two hours to get rapport going sometimes.

Jimmie Whisman02:06:32

The one that he blabbed everything was 45 minutes long.

James Pietragallo02:06:36

That's what I mean. 35, I think, or something like that.

Jimmie Whisman02:06:38

Right. Sub-45.

James Pietragallo02:06:40

That's wild, man. It's less than a Law and Order episode.

Jimmie Whisman02:06:45

Half a feature film. You don't even get to the part where it shows you why we watched this.

James Pietragallo02:06:50

You're mid-second act. There's a big surprise still coming. You don't even know it's part of the plot yet. So the record supports the finding that all of the interrogation sessions were short of short duration, did not last the entirety of the day and a half as maintained by the counsel. All of the officers connected with the questioning of him affirm that he was never threatened, intimidated, made promises, or inducements in order to obtain a statement. The defendant's encounter with Sergeant Driscoll in the early morning hours of December 11th, when he was first arrested and read his rights, lasted mere minutes.

Similarly, his encounter with Sergeant Smith and Sergeant Rivera lasted only a few minutes. He invoked his right to silence, and questioning never occurred. The other instances of questioning were not coercively lengthy. The agent testified Agent Rupar, the parole officer, testified the entire interview with him lasted approximately two hours, and the videotape portion, including the additional questioning, lasted only an hour. His booking lasted less than a half an hour.

He said, "We don't know what you're talking about, basically." The other conversation was from 7:30 AM till 9:19 AM, less than two hours. Then there's a 35-minute fucking one that we were just talking about. Based on these numbers, the entire police interrogation of the defendant appears to have consumed less than six hours out of a period of 36 hours.

Jimmie Whisman02:08:18

Wow.

James Pietragallo02:08:18

So not much. Clearly, the length of time that he was questioned while in custody was not so coercive as to lead to involuntary statements or confessions. This is not Brendan Dassy sitting there for 15 hours going, "I get to watch WrestleMania if I get to go home." None of that.

Jimmie Whisman02:08:34

This is six over a day and a half.

James Pietragallo02:08:36

Yeah. Of a 32-year-old man who's been in the system before and knows how this shit works is the other thing. He's been in prison, for Christ's sake. He also complains that the police assaulted him upon his arrest, rendering his subsequent statements involuntary. They assaulted him.

Jimmie Whisman02:08:52

Oh.

James Pietragallo02:08:53

Okay. They said the record is unclear as to how the slight scratches on his face and ear occurred. So they don't know here. During a videotape statement taken on December 11th, Donald told Agent Rupert and Lieutenant Gillory that the police inflicted the scratches during the arrest procedure. But to the chief and Captain Broussard, there's an indication that he stated that during his unrecorded statement with them that he scratched that the defendant scratched his ear while running through the woods behind the Sloan trailer looking for Zimmerman and discarding the gun, which makes the most sense.

That makes the most sense. We find, however, that the cut occurred however the cut occurred, the mugshot photograph only shows a slight injury and not the result of a police beating a confession out of him. He's a pussy, if that's all it takes. Slight scratches.

Jimmie Whisman02:09:48

Real pushover. That's for sure.

James Pietragallo02:09:50

Super easy. The trial court did not abuse its discretion in failing to find his statements involuntary. He also argues he was suffering from a head injury, was suicidal, and had been suffering from depression and sleep deprivation in the weeks preceding his arrest due to his breakup with Kim, which rendered his confessions involuntary. He points out to the record his custodial statements that claimed, "I just want to die. My life is over. I have nothing to live for. I just don't want to live no more."

Jimmie Whisman02:10:21

Just shoot me now.

James Pietragallo02:10:23

Yeah. And also, they rely on the fact that his self-inflicted head injury after the arrest caused this also.

Jimmie Whisman02:10:30

Right. They tried to open his eggs?

James Pietragallo02:10:32

Yeah. And finally, also, they said the defendant complained during some interviews his head hurt and that he was dizzy and that he wanted to lie down, and they let him. They also reflect that the police immediately sought medical attention for him after he rammed his head into the wall. They said, "It wasn't that big of a deal. He had slight redness. We even offered him to go to the hospital. He said he was fine."

Jimmie Whisman02:10:53

And so they let a man with a head injury lay down.

James Pietragallo02:10:56

They let him lay down for a while. Yeah. Just go lay down. Have a good I mean, what's the worst that could happen, honestly? Fuck this guy.

Jimmie Whisman02:11:03

Save the world a bunch of money.

James Pietragallo02:11:04

Yeah, yeah, yeah. I mean, we know what he did. Everybody knows what he did. There's no mystery here. So I mean, we're not going to kill him, but if he wants to fucking just go to sleep and not wake up, that's fine on our part. So he then argues the police manipulated his need for medical treatment to secure his statement, which is kind of a silly thing because the chief indicated that she would have told the district attorney's office about how he felt that he thought he needed some medication or to talk to a psychiatrist or something.

The following day, just prior to obtaining the recorded statement, the chief observed that they could get the defendant's statement on the record while the defendant waited to see the doctor. Okay. So he's saying that was like, "If you say what I want, then you get to see the doctor. And if you don't, you don't." So anyway, trial comes up. He is not his own attorney.

Jimmie Whisman02:11:57

No.

James Pietragallo02:11:58

The defense, this Broussard that he likes so much, touted the fact that the police never found the weapon.

Jimmie Whisman02:12:05

No.

James Pietragallo02:12:06

And that gunpowder residue tests on his hands and clothing were not conducted.

Jimmie Whisman02:12:12

Oh, so we don't even know if he didn't have it.

James Pietragallo02:12:14

Innocent.

Jimmie Whisman02:12:15

Yeah.

James Pietragallo02:12:15

Innocent.

Jimmie Whisman02:12:16

Clearly. Yeah.

James Pietragallo02:12:17

Clearly. If that worked, that Caleb Flynn would be going home right now because that don't work, my friend. There's plenty of other evidence here in deep shit. So the prosecution here, they respond that he had ample time and more than one body of water to get rid of the gun during his flight from police. He could have thrown it in any of these places. And reminded jurors that a cellmate of Ledler, Wesley Green, is going to testify that the gun was thrown in the water because Ledler told him that.

Jimmie Whisman02:12:49

Is it Leger or Ledler?

James Pietragallo02:12:51

Ledler.

Jimmie Whisman02:12:52

Okay.

James Pietragallo02:12:52

Oh, the newspaper misspelled it L-E-G-E-R here. It's Ledler.

Jimmie Whisman02:12:56

Okay.

James Pietragallo02:12:58

Okay. Man, they really fuck it all up. Why is that all fucked up? Because it's not on those.

Jimmie Whisman02:13:04

Is it not Leger at the beginning? Did we say Leger?

James Pietragallo02:13:06

I thought it was Ledler, I said, right?

Jimmie Whisman02:13:09

No, I thought it was Leger.

James Pietragallo02:13:09

Did I say Leger? Oh, maybe not. I just said Donald. Yeah. It was Donald and then Junior. Oh, shit. Maybe it is Leger, and I've been calling him Ledler. Isn't there a basketball player named Ledler? Is that their problem?

Jimmie Whisman02:13:20

Yes. Sean?

James Pietragallo02:13:22

Tim?

Jimmie Whisman02:13:22

Tim. Yeah.

James Pietragallo02:13:23

Yeah. I think I fucked up.

Jimmie Whisman02:13:25

And he was single syllable.

James Pietragallo02:13:27

We're going Donald here.

Jimmie Whisman02:13:29

Donald. Yeah.

James Pietragallo02:13:30

So Donald had more than ample time to get thrown in the water. And while admitting to the Franklin police chief that his guilt, he still tried to put himself in a good light, claiming that the gun he used that night was actually Kim's gun. So he didn't even bring it up. During the confession, they said that Donald told them that while in the Sloan front yard, quote, "The gun just went off," and that he went inside the trailer and the man had, quote, "Just fallen over."

Jimmie Whisman02:14:00

Oh.

James Pietragallo02:14:01

He said.

Jimmie Whisman02:14:02

He wasn't shot.

James Pietragallo02:14:04

No. The hole in his head is completely irrelevant to this situation. Don't know how that happened, but he just fell over.

Jimmie Whisman02:14:09

Sometimes when your neck fractures, breaks, pops, shit just flies out of your neck.

James Pietragallo02:14:15

You know how it goes. Pop, pop, pop. Your spinal cord goes.

Jimmie Whisman02:14:18

It was not a bullet.

James Pietragallo02:14:19

Hole in your cheek. They also said that not only that, he was on parole and early release from two prior felony convictions when he kidnapped his girlfriend at gunpoint and then raided the home of Evelyn and Troy. He said this was a home invasion that resulted in the slaughter of a husband and father, but for the grace of God, the slaughter of a wife and mother. So the state presents a shitload of evidence that he committed the murder, obviously, during the preparation of an aggravated kidnap or perpetration of the aggravated kidnapping and an aggravated burglary, and that he had specific intent to kill or inflict great bodily harm upon more than one person.

Kim positively identifies him as her ex-boyfriend and the person who bound her hands with wraps and kidnapped her at gunpoint and drove her to did everything here. Evelyn positively identifies him as the person who shot her in the abdomen at close range before murdering her husband. Zeb makes a tentative identification as the armed gunman who invaded their home. But his clothing description of the gunman matched precisely the articles of clothing seized from him. So he couldn't really remember the face, but he remembered everything he was wearing, which some people remember different things, just how your brain works.

Jimmie Whisman02:15:32

Sometimes you look at the chest instead of the face.

James Pietragallo02:15:34

You never know. Yeah. Well, if you got a dick, you do sometimes. After the shooting, the defendant here led the police on a high-speed chase. Officers never lost sight of the blue van in which he attempted his getaway, even though he periodically shut off his headlights and drove through fields. They show the pregnancy test, the wraps, everything corroborating Tim's shit. They also talk about the gloves he threw out the window. And yeah, they said the prosecuting attorney, the defense is, "There's no evidence that linked those to him."

Jimmie Whisman02:16:06

Wow.

James Pietragallo02:16:07

Well, he threw them out the window, and we watched him do it, and then we went back and picked them up. I mean, how many times have you watching Cops or something or Live PD when somebody throws a goddamn drugs out the window, they go back and get it, and they don't go, "Well, you can't prove that's mine. It's 10 feet away from me." They go, "No, I saw you throw it out. That's yours, and you're under arrest." That's it.

Jimmie Whisman02:16:24

The whole front of that car has cameras on it. I watched it happen.

James Pietragallo02:16:27

Yeah. We watched it. Plus, there's a camera crew in my car. There's a guy with a boom mic, for Christ's sake. We all saw it.

Jimmie Whisman02:16:32

It's nine guys that went back to get it.

James Pietragallo02:16:34

So many. All his statements are played for the jury. Okay? And at trial, the lieutenant testifies that he told the brother Mark that the line was recorded and that it would be on speakerphone and that officers would be able to hear it.

Jimmie Whisman02:16:49

Idiot.

James Pietragallo02:16:50

On cross-examination, though, the lieutenant conceded he did not tell Donald the line was recorded. However, he stated the telephone itself is marked as a recorded line. So there's a sign there saying this is recorded.

Jimmie Whisman02:17:02

It's above. It's not even on the phone. It's like you're looking at it while you talk.

James Pietragallo02:17:07

Well, this is the office phone. This wasn't his prisoner phone. This was the lieutenant's office phone, but it's still recorded. I guess.

Jimmie Whisman02:17:14

Yeah. Everything's.

James Pietragallo02:17:15

Every phone in the station is recorded all the time. And it says it on every phone. So now Mark testified he heard a tone on the line that he assumed was the telephone being taken off the speakerphone, and the lieutenant disputed that fact, saying that the receiver of the phone was never picked up because it had to be on speaker. When asked whether he thought the defendant had an exception, an expectation of privacy in the conversation, the lieutenant questioned how the defendant could have thought he was having a private conversation with the conversation being on speakerphone in a lieutenant's office with me standing four feet away looking at him through the door and hearing the whole conversation.

Jimmie Whisman02:17:53

Amazing.

James Pietragallo02:17:54

There's no expectation of privacy there. You're not in your room at night with the door closed. This is crazy. Like in your home. Kimberly also said she gets up there and gives her harrowing tale, which is enough. Between her and Evelyn.

Jimmie Whisman02:18:10

It's pretty amazing.

James Pietragallo02:18:11

The jury's going to hate him. Hate him. And Zeb.

Jimmie Whisman02:18:15

Are they going to put Zeb up there? Because Zeb's got the best story.

James Pietragallo02:18:18

And Zeb gets up there and said, "I finally had a dad. Now I have no one to go to for advice. This poor woman's saying he was threatening to kill me and fucking tied my hands up. Evelyn, he shot this poor woman. She can't shit right for the rest of her fucking life. Her husband's dead. Her kids are fucking traumatized.

Jimmie Whisman02:18:35

Seven surgeries, every organ affected. That's fucked up.

James Pietragallo02:18:38

Unreal. Unreal. And she talks about how he said, "You've got 20 minutes to talk to me, and I'm going to put you in the water where no one will ever find you." Kim said, "I was begging him not to do it, and I knew I was going to jump out." She said, "By the time they crossed a bridge and she saw Bayou, she had her left hand free and managed to release the seat belt without him knowing." So she got the little pull-up on the seat belt. So it was loose. And that way, she could just boom, burst out in one shot.

Jimmie Whisman02:19:06

She just let go of the seat belt. It slaps as she hits the door.

James Pietragallo02:19:10

That's it.

Jimmie Whisman02:19:11

Fascinating.

James Pietragallo02:19:12

When they reached the Bayou-Tesh Bridge in Centerville, that's when Ledler told her, "We're almost there," which then she knew it was time to get the fuck out of there. There is a defense witness here. Okay. The state rests its case. The defense here, the lawyer Broussard, accuses Lieutenant Gillory of having intimidated Ledler into a confession.

Jimmie Whisman02:19:38

Leger.

James Pietragallo02:19:39

Leger. God damn it. They said, "Did you say to him, 'I killed a nom. I can kill again'?" And this Gillory denied that, as well as another accusation by Broussard that Donald was threatened with being shot in a staged escape attempt. "We'll pretend like you're escaping and shoot you."

Jimmie Whisman02:19:55

Oh.

James Pietragallo02:19:56

We didn't say that. So in closings, the prosecution here said, "If he couldn't have her, no one else would. He wanted sex, and she refused him." There you go. And also, the fact that she was going back to her husband, he couldn't take it anymore.

Jimmie Whisman02:20:14

Right.

James Pietragallo02:20:15

Kimberly had told the 911 operator she thought that the gunshots meant that Donald had killed himself, but that turned out not to be the case. Quote, "That's when the defendant raided a man's castle, shot him in his own house, and brought terror to an entire neighborhood. Troy was hit in the face and died instantly when his spinal cord was severed." And he says, "Why?" Because Donald was convinced that the Sloans were hiding Zimmerman and that he was going to find her evidence by his own words to his brother in a taped phone conversation after his arrest.

He said they were hiding her. Then they go on to say he turned his lights off while fleeing from police with over 100 miles an hour. "Why would you engage in that type of flight if you didn't do this?" Said the person who brought Zimmerman to that neighborhood was the same person who was arrested at the police station. It's Donald over here. He also reminded the jury that the spent slug that was taken from the door was determined to be a 9-millimeter bullet, and testimony had been heard that Ledler had bought a 9-millimeter Beretta from a coworker at Bay offshore just days before the shootings.

Also, ballistics testing on the slug indicated the bullet could only have been fired from one of six types of guns, including a 9-millimeter Beretta.

Jimmie Whisman02:21:37

Is one of them the one that he has?

James Pietragallo02:21:39

That would be the one he has, the old 9-millimeter Beretta. And the lawyer said, "And there's more. After his arrest, the defendant slowly and surely admits his guilt. But it's a classical criminal response to put the blame on someone else. He was recorded telling investigators that, 'I messed up. I lost it. My life is over. Something's wrong with me. I'm going to spend the rest of my life in prison or worse.'" He said his phone call at the department to his brother where he admits his guilt was not privileged, as they tried to claim. But even in that conversation, he slanted the truth to put himself in a better light.

He said that he lost it because Zimmerman was going to have an abortion. Meanwhile, she wasn't even fucking pregnant. So the defense here, Broussard, ends the closing statements by saying, "If you don't find that Donald's statements to the interrogators were given freely and voluntarily, then you can just discount them."

Jimmie Whisman02:22:35

Okay.

James Pietragallo02:22:36

So then you discount them.

Jimmie Whisman02:22:37

Just throw them out in your own mind. Yeah.

James Pietragallo02:22:39

Then you only have the evidence of several eyewitnesses who watched him do that and were shot by him. So throw them out. I would say, if you're the prosecution, you can almost say, "Fine, throw them out."

Jimmie Whisman02:22:53

Don't think about them.

James Pietragallo02:22:54

I'll put Evelyn on the stand. That's all I really need.

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Jimmie Whisman02:22:56

Especially that little kid. Yeah.

James Pietragallo02:22:57

You can have everybody, anything else you want. We will put Evelyn and Kimberly and Zeb on the stand, and that's our whole fucking case. And you can.

Jimmie Whisman02:23:03

It's all we need.

James Pietragallo02:23:04

You can cash it in. I'll be eating a hamburger while you're doing your thing. I won't even worry about what you're doing.

Jimmie Whisman02:23:09

We're going to ask him questions. You cross him, by the way.

James Pietragallo02:23:12

Oh, say whatever you want. Enjoy.

Jimmie Whisman02:23:15

Just bring lots of extra barbecue because fries and barbecue is delicious.

James Pietragallo02:23:19

Do cross on a woman who doesn't shit right and whose husband's dead and she's upset about it. Do cross on her.

Jimmie Whisman02:23:24

While I eat America's favorite fries.

James Pietragallo02:23:27

We'll do that. Yeah. While she changes her fucking bag out, I'll eat the fries. So the verdict comes in here. This, by the way, jury deliberates for an hour and a half.

Jimmie Whisman02:23:38

Oh, that's fast.

James Pietragallo02:23:40

That's real fast. He is found guilty of first-degree murder. Now, the same jury will be deciding whether it's death row or life sentence without parole.

Jimmie Whisman02:23:52

Oh, boy.

James Pietragallo02:23:53

So during sentencing, the prosecution presents the testimony of Evelyn, obviously, Zeb, also the stepson, another different stepson here, the victim's mother, Danette Boykin, Troy's sister-in-law, also Ricky Cook, who, by the way, is not a coworker. He's apparently his boss, Donald's boss.

Jimmie Whisman02:24:18

His boss sold him a gun?

James Pietragallo02:24:19

Sold him a gun.

Jimmie Whisman02:24:21

Wow.

James Pietragallo02:24:23

They got him. Oh, yes. And then there's also Troy's employer who testified to individual characteristics of Troy and the impact of his death on their lives and the lives of the family members. And finally, they put up Kim Zimmerman.

Jimmie Whisman02:24:40

Oh, boy.

James Pietragallo02:24:40

Who said that basically, she's been terrified. He got a letter. She got a letter, basically, that she felt was threatening, urging her not to testify against him and all that kind of shit. So yeah, the victim impact, they talk a lot about Troy's kids. All these kids are going to miss him. They said none were considered stepchildren by Troy. They were all his equally. They said, "It's going to be hardest on poor little seven-year-old Mary."

Said Mary was his shadow. Whether he was garden planting, chasing chickens, or putting out lines in the boat, she was with him. There's a big void in her life that, as a mother, I can't fill. And Evelyn also said that the oldest daughter, Brandy, is due to deliver Troy's grandchild next month, and he'll never get to see his grandkid. And Zeb has lost the only father figure he's ever had. She says, "He's had to grow up to fill Troy's shoes and be the man of the house."

She said she constantly relives this night. She said that she was not able to be there for her children in their time of grief when she was recovering from her wounds. She couldn't go to his funeral because she was in the hospital for so long. She couldn't even go to her husband's funeral. Not only was she separated from her children while she was in the hospital, but also during extensive aftercare at her brother and sister-in-law's house as well. The Sloan home on Verdonville Lane, where the murder took place, had been damaged and is not livable. She said, "My kids couldn't live in a home where their father had been murdered."

Fair.

Jimmie Whisman02:26:17

Great point.

James Pietragallo02:26:18

Yeah. They said since the Boykins live in that's the in-laws she's staying with, live in Baldwin. Zeb and Mary stayed with other relatives in Centerville until school started. So she was separated from her children now, too. The sister said, "We took care of Evelyn for three months, treating her wounds, helping her through her anger and her anxiety." Okay. Then Zeb talked about Mary, too. Zeb said, "She's a little tomboy. I guess she was a son to him, too. She kissed the ground that he walked on, and he felt the same about her."

Troy's mother also said, "She's not the same child as before. Her dad was her life." She added that Troy's absence is also hard on Brandy, who's about to have a baby. She said, "He would have been a grandfather next month. He was taken away from all of us." So the defense, okay, how do you do this? Well, they put up TA Messina, who testified to the character of Donald as a trustee when he was previously incarcerated years ago before he was a murderer.

Jimmie Whisman02:27:22

An employee of the jail?

James Pietragallo02:27:24

Yeah. An employee of the jail testified that. Kenneth LeBlanc and Kenneth Baquet, B-A-Q-U-E, testified about a prison ministry group to which they belong and how they met Donald through that group during his previous incarcerations. By the way, talking about how great he was during his previous incarcerations is not a good argument because then he got out and murdered somebody.

Jimmie Whisman02:27:49

Kept going. Yeah.

James Pietragallo02:27:51

Kept going.

Jimmie Whisman02:27:51

Did worse shit.

James Pietragallo02:27:52

That shows he's fine in jail, but then when he gets out, he can't handle that. It's the worst. They testified to their knowledge of his strong faith and desire to have a wife and children. He said, "All he ever talked about is he wants to get married and have a family and have faith." He didn't do any of those things, but he really wanted to. He really wanted to have faith and go to church and get married.

Jimmie Whisman02:28:16

He's fucking somebody else's wife and thinks he got her pregnant.

James Pietragallo02:28:21

Wow. This LeBlanc also testified about the lack of parental support that he received. And finally, his brother, Mark, testified about the family life, the abusive alcoholic father, him being kicked out at 16. Now, Mark went on to be a sergeant in the US Army. He said that the four children that had the alcoholic father, who was also abusive to their mother, Mark is the only one who's done well for himself. He said, "Everybody else is a fucking mess." He said, "I had a high school coach that put me on the right track that resulted in me being the only kid to succeed out of our family."

He said Donald never had that. He never had anybody guiding him. And he said also, his sister was pregnant at 16 and by the age of 24 had five kids.

Jimmie Whisman02:29:10

Oh, Jesus.

James Pietragallo02:29:12

Good. We need more of these genetics flooding the fucking space here.

Jimmie Whisman02:29:15

In nine years, she had five kids, meaning every other year she's throwing out another kid.

James Pietragallo02:29:21

Eight years. Yeah. That's crazy. 16 to 24. And 16, that's crazy right there.

Jimmie Whisman02:29:27

That's rape. Well, in some states.

James Pietragallo02:29:29

She might have been he was probably 16, too, or who knows. Down there, who knows. Their parents, who moved from Patterson to Hackberry almost 20 years ago, have never been there for any of us, he said. "They didn't even come to my wedding 14 years ago. And that's my whole life story and Donald's, too." He said, "But Donald never had the support I had." He said, "Donald looks at things differently than I do. He's always been held down and seen as an underachiever, a troublemaker. I'm the only one who saw his potential." He said he saw a dramatic change in Donald while he was in prison.

He had matured and earned his welding certificate and been employed in the profession when he got out. But then he got fired and ended up somewhere else. So Mark told the jury that he did not have the parental support, but he does have strong faith, a strong faith, and he wants to live a productive life. And yeah, he also talked about fighting his father, when he had to fight his father and all that. He just talks about also, they bring up prison ministers that have come to know him while he's at the correctional facility as well.

The Catholic prison ministers here told the jury that they saw a maturing process in Donald after he had come back to his faith. One said, "He loved his church." He also added credence to Mark's testimony on the lack of support from the parents. He said there were two times when he went to visit the family to try to get them to attend Donald's parole hearings later on. And although they were offered a ride, they would not go. This was earlier. So this was when he's trying to get out of prison the first time.

He said, "I'll give you a ride. He just needs to have people there." They're like, "Fuck him." So yeah. He said he found his God in prison, but he lost him when he got out.

Jimmie Whisman02:31:19

Ah, shit.

James Pietragallo02:31:20

And considering the death penalty, he told the jury they had already cited three aggravating circumstances when they found him guilty of first-degree murder, aggravated kidnapping, and aggravated burglary, and causing the risk of great bodily harm or death to more than one person. He said no remorse has been shown by the defendant. He's only been worried about himself. They also argued, the defense argued, that they had no way to know. The jury had no way to know that Donald was going to kill Zimmerman and that the death was not premeditated.

He said the prosecution said, or I'm sorry, the defense said that his crimes are not the worst type of first-degree murder. These are okay murders. Yeah, they're not the worst kind.

Jimmie Whisman02:32:03

Middle of the road.

James Pietragallo02:32:04

He said, "Did he have a right to do it? No. Does he deserve to be punished? Yes. But you should also look at his other character traits." Yeah. He said, "He's not the worst type of offender. If you give him the chance to go back to his faith, he can be redeemed."

Jimmie Whisman02:32:21

He was going to go door to door to find her.

James Pietragallo02:32:24

Killing people.

Jimmie Whisman02:32:25

Until he gave up.

James Pietragallo02:32:27

Or ran out of bullets. One of the things.

Jimmie Whisman02:32:28

He just gave up after the first one.

James Pietragallo02:32:30

Yeah. He had already killed a guy. I was like, "Shit, I better get out of here. Everyone's calling 911." The prosecution rebuttal said, "Did his Catholic faith affect his decisions when he tried to kill Zimmerman and shot the Sloans? Donald has earned a sentence of death," is what they said. So let's find out what the jury finds. Under two hours of deliberation, they find he was, one, engaged in the perpetration or attempted perpetration of an aggravated kidnapping or second-degree kidnapping. These are the aggravators.

Engaged in the perpetration or attempted perpetration of an aggravated burglary, knowingly created a risk of death or great bodily harm to more than one person. They don't really find any statutory mitigators, because there really isn't any in the case. And they say, "You, sir, may fuck off. Death penalty for you, Donald."

Jimmie Whisman02:33:19

You will die about that in Louisiana.

James Pietragallo02:33:20

He kind of earned that one, I got to say. He went about everything. I just mean, in court, he had to expect that's what he's going to get when he went about what he did the way he did it and the way he wouldn't admit to it and shows no remorse.

Jimmie Whisman02:33:34

He's a dangerous, dangerous man. He shot a woman in the gut, probably expecting that she would die.

James Pietragallo02:33:39

Oh, yeah, I'm sure. Close range. Pow, right here.

Jimmie Whisman02:33:42

All the way through.

James Pietragallo02:33:43

Same way Lee Harvey Oswald got shot. That's exactly the way she got shot. Jack Ruby came up and plugged her. That's what happened here.

Jimmie Whisman02:33:50

God damn.

James Pietragallo02:33:51

So Evelyn, right after this decision, she puts a thing in the papers, an editorial sends out to all the newspapers here, saying, "Thank you for each act of kindness and comfort." Saying thank you for each act of kindness and comfort just doesn't seem to be enough to express my feelings. I've found no word to truly express my gratitude to each of you. Life has moved on fairly steadily for many of you, but there are those of you who understand that each day will always be a challenge in many lives to put things together.

One stepping stone on this path in life was the time of the trial. Many of you were there in person for us. Many more of you were there spiritually for us. I can't imagine not having all of you there in each way. Those of you who each played a role from the legal standpoint were there to play a role of comfort as well, maybe without even knowing it. But more importantly, my heart goes out to the 14 of you who are jurors and alternate jurors. You heard and saw firsthand all of the details of the night that changed so many of our lives forever.

As a jury, you were asked to put your feelings aside and make choices accordingly to the law of Louisiana. I saw the looks of pain in many of your faces and felt it in your hearts, probably especially when they said death and then Donald snapped at them and said, "Is that your final answer?" And they were like, "Oh, yeah, I guess so." Rattled them a little bit. You know what I mean? And they said, "No, you're the weakest link. Goodbye." And then he was sent away. Oh, I guess you could say the survey says with the jury, that's sort of a survey. That'd be fun.

Jimmie Whisman02:35:27

That would be fun.

James Pietragallo02:35:28

Yeah. I felt compelled to tell you now this. Many months ago, I had the let go and let God. All that was supposed to happen with the outcome of the trial was out of my hands and given to God. I believe that you would be a voice of God's will, whatever the verdict and sentence would be, not mine or anyone else's. To ask what I wanted never was important. I have always felt there's a reason for all things and a time for it. I want to let each of you know that I'm sure it was hard for each of you, and no matter what the choice was, it was the one God wanted.

You will each one always be in my prayers. May you feel God's blessing and always have peace. And Evelyn. So this poor woman here, that's fucking horrible, by the way. The whole thing is terrifying. Horrible recovery, everything else here. She ended up, this is pretty cool. There's a doctor, Donna Tessie, that took care of her at Franklin Foundational Hospital. Apparently, Evelyn now works for Dr. Tessie.

Jimmie Whisman02:36:34

Nice.

James Pietragallo02:36:34

A bed and breakfast that she owns.

Jimmie Whisman02:36:36

Oh, Jesus, that's weird.

James Pietragallo02:36:37

That's real weird. Yeah. The first time she saw Donald again was at his grand jury hearing where he was indicted. She said, "He would never face me, not even at trial. He didn't come from a very good family, but he wasn't stupid. None of what he did was a legal act of insanity."

Jimmie Whisman02:36:55

He didn't even look at her.

James Pietragallo02:36:56

She said she's conflicted at times about the death penalty, she said, but she's decided that it's to leave it in God's hands. She said, "I thought if God moves one juror to be against the death penalty, then it won't be. I believe in fate. You have to go through this. Staying involved in the legal aspect was important so I could be the voice of Troy, my children, and Troy's family." She said she said her children will always be credited with giving her the will to survive.

Yeah. The district attorney, one of the people, a victim's advocate person, said Evelyn was a very strong person. She had to be. She managed to pull through. She was a true innocent victim. You can't get any more innocent. She never saw this guy before in her fucking life. They said that, "One way or the other, I wish that closure and it would all come faster," Evelyn said. Being in limbo while he sits on death row and gets appeal after appeal is hell. But when people ask how we do it, I say, "I don't know.

You just do it. You just have to deal with it." Now, he appeals in 2006. And this is kind of the big appeal here. It includes 32 assignments of error, including violations of Miranda rights, ineffective assistance of counsel. There's all sorts of shit he's claiming now. Yeah. He said he made statements without a lawyer. So that's one thing. Now, the state actually concedes here that in brief, that only the first part of the interview is admissible up to the point where he stated that he didn't want to talk anymore.

The state agrees that the defendant's right to remain silent under Miranda was violated at some point and that the police response of substituting interrogation teams to continue the questioning did not scrupulously honor his invocation of his right to cut off questioning. So he'd say, "I don't want to talk anymore." They would leave and be like, "He doesn't want to talk to us. Maybe he wants to talk to you two and send two more people in there. Maybe we'll have better luck."

Jimmie Whisman02:38:58

He didn't say, "I want a lawyer." He just said, "I don't want to talk anymore."

James Pietragallo02:39:01

Yeah. But he never said, "I want a fucking citizenship."

Jimmie Whisman02:39:04

If he said, "I want a lawyer."

James Pietragallo02:39:05

Yeah. So the court says, "We agree with the state's concession. We find that the lieutenant and agent Rupert failed to honor his invocation of his right to remain silent and that his statements during the portion of the interview after he first invoked the right to remain silent should not have been admitted into evidence. We also find that continued interrogation by Chief McGuire and Detective Sonier did not scrupulously honor the defendant's invocation of his constitutional right to remain silent." The police practices on display here are specifically prescribed in Mosley, "Where the police failed to honor a decision of a person in custody to cut off questioning either by refusing to discontinue the interrogation upon making or upon request or persisting in repeated efforts to wear down his resistance and make him change his mind."

Jimmie Whisman02:39:53

It is hilarious, but.

James Pietragallo02:39:55

Yeah.

Jimmie Whisman02:39:57

But.

James Pietragallo02:39:57

We can't be doing this.

Jimmie Whisman02:39:58

We can't be doing it. I mean, it's fun. Don't get me wrong.

James Pietragallo02:40:01

It's very funny. They said that, "We hold the trial court abused its discretion in failing to suppress the portion of the first videotape statement after the point where he said that he want to cut off questioning." So one finding of error doesn't finish all this. So the court must determine whether the error was harmless, and that's what they're going to discuss. Also, about the second statement, they said they have to assess whether it was obtained in violation of his right to remain silent or whether the interrogation resulting in the first statement tainted the second one.

They said there's a time delay between the first statement and the booking procedure was almost six and a half hours after he had rested, plus the booking procedures and administrative interview unavoidable to all inmates. Because they're asking, "Which you're addressed last known this relative shit like that." This was not state-initiated contact meant to interrogate the defendant about the facts of the crime. Indeed, they said even the lieutenant specifically informed him he was not there to obtain a statement. The videotape shows him sitting on a bench, shackled, but later unshackled to effectuate the picture taking and fingerprinting.

And basically, the lieutenant is sitting nearby at a computer dressed in casual clothes while whistling or humming. So it's not an oppressive environment is what they're saying. He's not wearing a fucking SS outfit while slamming a riding crop down next to him on the bench and yelling at him. He's just.

Jimmie Whisman02:41:30

A goose stepping around his chair.

James Pietragallo02:41:31

Yeah. He's just whistling fucking Dixie over here. I'm jerking off. So the Miranda warning were again discussed with the defendant who signed the waiver rights form. We also note that the lieutenant did not follow the defendant's lead and begin interrogating him. The lieutenant merely answered the questions asked independently by the defendant. They said, "Police are not obliged to ignore spontaneous and unsolicited statements by someone in custody as long as those statements do not result from police-initiated custodial interrogation or questioning reasonably likely to elicit an incriminating response."

So you can say, "I want to talk to a lawyer," and that's fine. They can't ask you questions. But if you say, "I want to talk to a lawyer," then five minutes later, you're like, "It felt really good to cut that bitch's head off."

Jimmie Whisman02:42:15

Yeah.

James Pietragallo02:42:15

That can still be used.

Jimmie Whisman02:42:17

That's usable. Yeah. They didn't interrogate that out of you. You volunteered that.

James Pietragallo02:42:22

It's not everything after that.

Jimmie Whisman02:42:24

Yeah. It doesn't just end the world when you do that.

James Pietragallo02:42:26

You got to shut the fuck up at the same time.

Jimmie Whisman02:42:29

Yeah. The third statement, unrecorded statement, they said they're talking about whether that one is a violation. And they said there was no evidence indicates he received a new set of Miranda warnings. However, the defendant, a veteran of the criminal justice system, had received a full set of warnings from the lieutenant at booking in the previous evening, and the advice was presumably fresh on his mind a few hours later when he agreed that he would talk to the captain.

James Pietragallo02:42:56

He should know.

Jimmie Whisman02:42:57

He said basically he should know that shit. The fourth statement, he offered to sign a consent to search his house because he appeared eager for the police to collect the evidence, which he said would free him. The police told him that a waiver of rights had to be done at the same time as his voluntary consent to search. He now complains that this trickery coerced him into making a recorded statement.

James Pietragallo02:43:20

Trickery.

Jimmie Whisman02:43:20

They said, "Ploys to mislead a suspect that do not rise to the level of compulsion or coercion to speak are not within Miranda concerns." You can trick people. That's allowed.

James Pietragallo02:43:30

Right.

Jimmie Whisman02:43:30

Perfectly allowed for the cops to lie to you, trick you, do all that shit. They can say anything.

James Pietragallo02:43:34

They use all kinds of weird tactics.

Jimmie Whisman02:43:36

All kinds of shit here. So they go really into detail about that whole thing. They said the videotape of the booking reveals that he immediately responded, "Yeah, I'm going to need a lawyer, though," and the lieutenant explaining the procedure about obtaining appointed counsel as opposed to hiring one. Was he subject to interrogation at the time of his booking? And they say that the lieutenant's words and actions at that time were not the functional equivalent of questioning, but rather words or actions, part of the normal police attendant thing that they do with arrest and custody.

Okay. And they also talk about his phone call with his brother, which they're like, "It says it's recorded. Everybody knows it's recorded. Sorry." Then there's juror issues. And these are the ones I kind of have a problem with here. Here's three different jurors. Here's Steven Demongu, I guess. They asked, "Do you think it's proper function the state should have a death penalty for certain types of cases?" This is in the initial questioning of jurors to pick them. He said, "Yes, sir." They said, "Do you have a problem with the state seeking the death penalty in this type of case?"

The guy said, "No, I do not." They said, "Do you understand the procedure?" "Yes." They said, "Could you weigh all the factors and be fair?" "Yes, I could," and all that kind of shit. Now, the defense questions, and the defense said, "Everybody's entitled to their opinion on this. You favor giving them what they deserve." He's talking about what he put on his juror on the sheet.

James Pietragallo02:45:06

Oh, he wrote, "Give them what they deserve."

Jimmie Whisman02:45:08

Yeah. You also put something about they asked you a question about the defense attorney, what you think about the defense attorney, and you put, "Why do they need them? If arrested, he must be guilty."

James Pietragallo02:45:20

What?

Jimmie Whisman02:45:21

Never put that person on a jury.

James Pietragallo02:45:23

Oh, this is the prosecution's rules over people like this.

Jimmie Whisman02:45:28

What drink?

James Pietragallo02:45:28

They don't want it to be fair. They want to win. That's what's crazy.

Jimmie Whisman02:45:31

Wow.

James Pietragallo02:45:32

The prosecution, they're not being paid to win. They're being paid for justice. So they should try to be 1,000% fair. I get then they can't run for office and say they have a 99% conviction rate, but.

Jimmie Whisman02:45:44

That guy.

James Pietragallo02:45:45

You got to stop with this shit.

Jimmie Whisman02:45:46

That guy's a problem on a jury, though.

James Pietragallo02:45:48

Fuck, yes. Then he said, "Okay, is that how you feel if they're arrested?" And this guy said, "Well, I feel if he's caught with his hand in the cookie jar, he's guilty."

Jimmie Whisman02:46:00

Okay.

James Pietragallo02:46:00

Okay.

Jimmie Whisman02:46:01

He got through the facts to know that.

James Pietragallo02:46:04

By the way, we both said, "Okay." The defense counsel said, "Okay." It's exactly what they said too. At this point, is life an option or the only? And this guy said, "Well, I mean, now that I understand the proceedings, I can keep an open mind." And they said, "Okay, you put down give them what they deserve. You favor the death penalty." And he said, "Give them life or death." Okay. So they go back and forth and they say, "So you did do that, but you're backing off of this a little now?" And he says, "Yes."

And they said, "After you've heard what the procedures are, you're backing off." And he said, "Yes." Don't put that guy in the jury. By the way, he was a juror.

Jimmie Whisman02:46:43

He was?

James Pietragallo02:46:44

Absolutely. Another juror, Ginny Raymond, they said, "Do you think it's proper for them to push the death penalty?" She said, "Yes." "Do you have a problem with them seeking the death penalty?" "No." "Yada, yada, could you consider?" Then they said, "Ms. Raymond, I'll ask you the same question. If they prove beyond a reasonable doubt my client was guilty of first-degree murder and an aggravating circumstance exists, would you automatically vote for the death penalty?" And she said, "Yes, I would." Okay. Anthony Parker, one more.

They said they asked him again, "Do you think it's the proper function of the state to be able to have a death penalty?" And he said, "Yes, because if you say no, then you're not qualified for the jury." He said there shouldn't be a death penalty, which is the dumbest fucking thing in the world. So they said, "Now, you indicate on your death penalty question on your form, I think the question that's posed to you in your form is, do you generally favor or oppose?" And I think you answered yes, which kind of leaves a bunch of us lawyers reading this, we don't really know what you mean. Could you explain your position?

Jimmie Whisman02:47:43

Because you were given two options and you chose a third. You fucking moron.

James Pietragallo02:47:46

You chose a third. It came to the fork in the road and went straight, my friend. That's not part of it. Fuck is wrong with you.

Jimmie Whisman02:47:52

Idiot.

James Pietragallo02:47:53

So they said, "On a scale of 1 to 10, 10 being the strongest, 1 being the weakest, what is your position in regards to the death penalty?" And he said, "10." Love it. Love it. Can't wait.

Jimmie Whisman02:48:06

Yes.

James Pietragallo02:48:06

I love my tax dollars being wasted.

Jimmie Whisman02:48:08

That's my answer. Yes.

James Pietragallo02:48:10

Yeah. You know how there's nothing for kids to do around here? Good, because all my money's going into this. And that's what I want. So fucking goddamn ignorance. So they said, "Anyway, the defense counsel posed only one question to Mr. Parker. Would you automatically vote for the death penalty?" And he's responded, "Yes." And they said.

Jimmie Whisman02:48:29

Yes.

James Pietragallo02:48:29

I have no other questions. And they went, "He's on the jury."

Jimmie Whisman02:48:32

Affirmed.

James Pietragallo02:48:33

Affirmed. Oh, my God.

Jimmie Whisman02:48:36

Wow.

James Pietragallo02:48:37

Then there's another one here, a lady who doesn't like the death penalty. She says it's fine and proper for the state to have a death penalty and to try to impose it, but she said that she said it's a hard decision to make, and I would rather not make it. I don't want any part of this. She said, "I would rather see the person go to life in prison than death." And she didn't say it for even mushy. She said, "I would rather them sit there and think about what they did rather than just be gone." And I thought, is that helping? And there's a lot of appeals and all that.

And they said, "So would you vote automatically for a life sentence because of your views?" And she said, "I would not vote for death." So she's struck from the jury. She's not allowed to be on the jury. The other three, you can only be enthusiastic about the death penalty. You can't be against it.

Jimmie Whisman02:49:26

Wow.

James Pietragallo02:49:27

So they got to get 12 people who love the death penalty. There are 10. All 12 of those people are whatever, just some of those people to say they don't want you to have the death penalty, which is why there's so many times that the death penalty gets called.

Jimmie Whisman02:49:39

Get people that are saying life or death.

James Pietragallo02:49:42

Yeah.

Jimmie Whisman02:49:42

And I'd prefer the one that's cheaper, death. What? You idiot.

James Pietragallo02:49:48

It's crazy. He also tries to argue an act of passion. This was an act of passion.

Jimmie Whisman02:49:54

Oh.

James Pietragallo02:49:55

So you bought a gun three days ago, taped her up, drove. That's a lot of passion. You're a very passionate man, sir.

Jimmie Whisman02:50:02

I love all.

James Pietragallo02:50:02

Your passion less hours. Quite a lot of passion you have there, sir.

Jimmie Whisman02:50:07

Crime of passion. I hunted a woman down.

James Pietragallo02:50:10

Wow.

Jimmie Whisman02:50:10

And then didn't kill her.

James Pietragallo02:50:12

No. After buying a gun partially on fucking.

Jimmie Whisman02:50:18

Partially layaway to gun through a friend.

James Pietragallo02:50:21

Yeah. Got that. This is crazy. Then there's the craziest one. He tries to bring up a racial issue.

Jimmie Whisman02:50:29

Oh.

James Pietragallo02:50:29

He's white. Troy and Evelyn are black.

Jimmie Whisman02:50:34

Oh.

James Pietragallo02:50:34

He's white. He ran into a black man's house and shot him. And they're like, "There's a racial." No, there's no racial issue here because also, that was never brought up in trial at all. That was never brought up. It didn't matter. It wasn't even a factor. They were just people in their trailer. It had nothing to do with.

Jimmie Whisman02:50:49

But the victim and the perpetrator are opposite colors. Therefore, there's a race issue.

James Pietragallo02:50:53

Yeah. And it's like, that's not the issue, though, here. You're not getting that. And most of the jurors are white, too. So you're not going to get extra stank from them over that. So anyway, this Louisiana Supreme Court found no reversible error. They did find a bunch of errors they made because they seem to kind of fly by the seat of their ass down there, even in 2001. No reversible error in the arguments and affirm both the conviction and the death sentence. Now, there is a really, really hefty dissent in this one from one of the I mean, it is long detailed, and they are like, "No, no, no, no, no.

Everything they did is wrong." You can't put people to death if this is the way you're investigating shit. It's crazy to do that, which I kind of agree with that. You have to be perfect.

Jimmie Whisman02:51:38

It's absolutely.

James Pietragallo02:51:39

Perfect. 2009, he sues because he claims he can't effectively practice Catholicism in prison.

Jimmie Whisman02:51:50

Oh.

James Pietragallo02:51:50

He's okay.

Jimmie Whisman02:51:51

Oh, I need to do the Stations of the Cross, James.

James Pietragallo02:51:53

I need to do stuff. Well, they said the prison officials unfairly limited Sunday television services on death row to Baptist or Pentecostal services.

Jimmie Whisman02:52:02

Yeah, there's nothing in Latin. This is bullshit.

James Pietragallo02:52:04

You can't do it. So he complained he was unable to participate in Catholic Mass because that's the only way they could do it from TV. So the ACLU and him come together to make an agreement. By the way, religious people hate the ACLU. They fight for religious rights more than anybody, which is hilarious. But all these, if you tell somebody in Louisiana, "What do you think of the ACLU?"

Jimmie Whisman02:52:28

Yeah.

James Pietragallo02:52:29

Sit back and get ready for your hair to blow back because they're going to tell you how much them liberal woke sons of bitches and this and blah, blah, blah, blah, blah. And it's for anybody. So they fucking defend Nazis all the time. It doesn't matter. It's a free speech issue. So anyway, they filed a settlement securing the right of Donald to practice Catholic faith by participating in Catholic Mass and confession. So apparently, he sued them after being unable to do that. Now, he is able to do that.

Since the ACLU filed the suit on his behalf, officials at Angola have given him the ability to regularly view Catholic Mass. The ACLU of Louisiana executive director said, "We're glad that since we filed suit, Angola now regularly includes Catholic and Muslim services." It's like, we don't need Jewish because we ain't got none of them down here, especially not in the prison. We got a few, but they ain't in prison. Tell you that.

Jimmie Whisman02:53:26

They pop in from time to time.

James Pietragallo02:53:27

I mean, when they're visiting clients, they're here, but.

Jimmie Whisman02:53:32

Put the briefcase and shit.

James Pietragallo02:53:33

They don't stay over is the thing. They will walk out there. The Catholic Church will have the same opportunity to hold Mass that other denominations enjoy on death row, and he will be allowed to fully private confessional visits with a priest.

Jimmie Whisman02:53:48

Wow.

James Pietragallo02:53:49

And also, the agreement also ensures, and this would be important for me, that prisoners on death row will not be compelled to listen to religious programs.

Jimmie Whisman02:53:57

You don't have to.

James Pietragallo02:53:58

I would be begging for the needle if you fucking put that on every week. Begging, please, God, fucking inject me. I swear to God. Put Windex in my fucking neck. I don't care.

Jimmie Whisman02:54:07

The only.

James Pietragallo02:54:08

I want out.

Jimmie Whisman02:54:08

We get to watch.

James Pietragallo02:54:10

They said the ACLU has long stood for the religious rights of everyone. Donald Leaguer simply wanted to practice his Catholic faith. Those on death row, like anyone else, should have the opportunity. July 2023, there are 56 requests for clemency from the Louisiana Pardon Board because Louisiana resumes executions, including Donald. And the governor wrote a letter to the Pardon Board asking for hearings to be set in the cases. And the Pardon Board began to comply, but opposition erupted from the district attorney.

So they accused the governor of misusing the rules of governing pardons and clemency. The governor countered by accusing the DA of not knowing what the fuck they were talking about and being ignorant of the rules that they follow. Evelyn's opposed to the clemency requests, too. She said, "This is kind of I don't like this. The governor is stepping over things that are already in place, which should be criminal also. If I had my way and I could, I'd charge him for breaking the law for trying to break the law. That's just me."

Jimmie Whisman02:55:13

Oh.

James Pietragallo02:55:13

I'd charge him for making sure people's civil liberties are protected. What are you talking about? Love you, Evelyn, but that's a little much for me.

Jimmie Whisman02:55:19

But James, it's already been set in stone, so we can't.

James Pietragallo02:55:23

Set.

Jimmie Whisman02:55:23

Can't walk over those stones.

James Pietragallo02:55:25

No, they're set. As of now, he's still on death row. And the property that the murder trailer was on is valued at $84,000.

Jimmie Whisman02:55:35

Wow.

James Pietragallo02:55:36

On there. So there's something on it.

Jimmie Whisman02:55:37

That's a pretty nice one.

James Pietragallo02:55:38

I guess so. It has to be. I think there's a decent amount of land, too. I think there's a little bit there.

Jimmie Whisman02:55:42

It's nicer than that first house.

James Pietragallo02:55:45

I would hope so. Shit, the first house was unlivable. So there you go, everybody. There is Franklin, Louisiana. Hope you enjoyed that very quickly here. If you did, get on whatever app you're on and give us five stars. It helps so much. Double thumbs up on Netflix. That is also extremely helpful. Thank you for doing that. You can follow on social media at Small Town Murder on Instagram, Small Town Pod on Facebook. You can definitely head over to shutupandgivememurder.com. Get all of your everything, all your merchandise, all your tickets for live shows.

Advertisement02:56:16

September, I'm sorry, October 16th will be in San Jose. The next night, October 17th, will be in Sacramento. Those will be different shows. If you want to go to both, you're going to see different shows.

I know.

Terry Town, New York, on November the 13th, and Boston on November the 14th. It's actually Medford, right outside of Boston there. So get in there and get your tickets now. Shut up and give me murder.com is where you do all of that. Get yourselves Patreon. Holy shit. patreon.com/crimeinsports is where you get all of the bonus material. All you have to be is $5 a month or above, and you get so much for that. As soon as you subscribe, you're going to get between 300 and 400 bonus episodes.

So many bonus episodes. As soon as you subscribe, new ones every week. One Crime in Sports, one Small Town Murder. This week for Small Town Murder, we're going to do scary movies.

Yes.

We're going to do talk about our favorite, least favorite. We're going to do kind of a horror movie thing since it's Halloween month. What the fuck? So let's do that. patreon.com/crimeinsports, and you get all the shows we put out. This is worth it on its own. All ad-free.

Yeah.

Crime in Sports, Your Stupid Opinions, both Small Town Murders, all ad-free. And on top of that, you get a shout-out at the end of the show, which is when is that?

Right now.

Right about now. Jimmy, hit me with the names of the best fucking people in the world who would never, ever, ever kidnap us, take us in a van, and threaten to dump us in the water. Jimmy, hit me with them right fucking now.

Jimmie Whisman02:57:42

This is executive producer Gary Howard in Livingston, Texas.

James Pietragallo02:57:47

Hey, hang in there.

Jimmie Whisman02:57:47

Penny Boyce, Larry Butterfast wants you to know that Ty never goes to the runner.

James Pietragallo02:57:53

Ty never goes to the no, that's just weird. It's to the.

Jimmie Whisman02:57:55

He wants you to know he is very angry that that was possible innuendo on this.

James Pietragallo02:58:01

That's playground rules is what that is.

Jimmie Whisman02:58:03

Yeah.

James Pietragallo02:58:04

Yes. I know that.

Jimmie Whisman02:58:05

Happy hours in Splendora, Texas. So we have one in Livingston and one in Splendora, and I believe those are their homes. I don't want to give that too much.

James Pietragallo02:58:13

Oh, boy.

Jimmie Whisman02:58:13

I don't know what's what. But thank you both. You dirtbag truckers, you're the best.

James Pietragallo02:58:18

Thank you. Thank you.

Jimmie Whisman02:58:19

Cat Ayala is still around. Do you remember her?

James Pietragallo02:58:22

Fuck yeah, I do. From Iceland or.

Jimmie Whisman02:58:24

She's wonderful.

James Pietragallo02:58:25

Is it Iceland? Northern Europe somewhere.

Jimmie Whisman02:58:27

Yeah.

James Pietragallo02:58:28

Finland, Iceland.

Jimmie Whisman02:58:29

She's Nordic somehow.

James Pietragallo02:58:30

Yeah. Cool, though. Thank you.

Jimmie Whisman02:58:32

Her name is Cat, spelled with an R. You figure it out.

James Pietragallo02:58:36

You look and you're like, "Cart? Nope. Okay."

Jimmie Whisman02:58:38

Yeah. No, not even close.

James Pietragallo02:58:39

She's a random woman.

Jimmie Whisman02:58:40

Stephanie, thank you. Stephanie Hirsch got married for the fourth time, and she thinks.

James Pietragallo02:58:44

My Christ.

Jimmie Whisman02:58:45

That's going to be lucky. So good for Steph.

James Pietragallo02:58:47

If not, you have no one to blame but yourself, sweetheart. That's how it works.

Jimmie Whisman02:58:50

Yeah. Congratulations on getting half of three men's shit already.

James Pietragallo02:58:55

But it's a freeing thing knowing that, okay, if this goes wrong, it's all my fault. I know not to blame anyone else. It's me.

Jimmie Whisman02:59:02

Who gives a shit?

James Pietragallo02:59:03

I love when it's me. At least then I know.

Jimmie Whisman02:59:06

Yeah. At least getting the validation.

James Pietragallo02:59:09

Yeah.

Jimmie Whisman02:59:10

Julie Crook and Big Kahuna Curly, thank you all so much for what you're doing.

James Pietragallo02:59:15

Thank you.

Jimmie Whisman02:59:15

Other producers this week, Peyton Meadows, Dale Olson, Janice Hill, Leslie Jacobs, Heather Peltier. Chad H, Hannah Crosson, Seymour Butts. I'm sure that's a real person. Diesel247 is probably a real person.

James Pietragallo02:59:30

Oh, he's there.

Jimmie Whisman02:59:31

Terry Skirrow.

James Pietragallo02:59:32

Give me a name.

Jimmie Whisman02:59:32

Yeah. I mean.

James Pietragallo02:59:33

Is that your Christian name, 247?

Jimmie Whisman02:59:35

Yeah. 247 kids.

James Pietragallo02:59:37

Whatever it is. Yeah. That's your first name, right? I don't know which one's your Christian name. Is that your first name or your last name?

Jimmie Whisman02:59:42

I think it's just the whole name.

James Pietragallo02:59:45

No idea. Keep going.

Jimmie Whisman02:59:46

Governor is the whole name. I don't know. Heather Rowe, Tinker Bell, Terry Spiro, Caitlin Hildebrand, Basil Saar, Basil, Hazel, Dosius, Dojos, Dojois. Tiffany was the last name. Robert Garrett, Lauren Walker, WG Mike, Haley Anderson, Dana Davenport, Patricia McGuire, Elise with no last name. Colin Newman, Stacey Baker got two patrons. Thank you, Stacey. Unless you didn't mean to do that.

James Pietragallo03:00:15

Well, then cancel one. Jesus.

Jimmie Whisman03:00:16

Go check.

James Pietragallo03:00:17

You don't want to take money you don't want to give us. Christ.

Jimmie Whisman03:00:18

Delete one that you don't need to. Tamsi, Tamsi, 85. Mike Herve, Ashley with no last name. Tim Huxel, Huxel, Downtown Tony Brown, Jackie Mead, Jason Sawatizek, Jeane, Janae, Cinquegrana, Cinque, Cinquegrana, Timothy Dotridge, Marguerite Puenta, Mind Distortion, Rosie Seidel, Nancy Edwards, Emily Walker, Madison Grant, Penny Wilson, Danielle Carter, Mike B, Mayhem with no last name.

Kate with no last name. That's cool, man. Dylan Nielsen, Haley Wise, Suzabu, Suzabo, Diana Marsh, Lucas Vidal, Vital, Ashley Winters, Rob West, Caitlin Ellis, Jade with no last name, Jen Bo, Tyler with no last name, Casey, XY, Jason Bednarek, Bednarak.

James Pietragallo03:01:17

Bednarek?

Jimmie Whisman03:01:18

Brian.

James Pietragallo03:01:19

Chuck.

Jimmie Whisman03:01:19

Blankenship. Was that Bednarek?

James Pietragallo03:01:21

I said Bednarek, like Chuck, the gold football player.

Jimmie Whisman03:01:24

Bednarek. That's probably it.

James Pietragallo03:01:27

He went both ways.

Jimmie Whisman03:01:28

Bednarek. PJ, no last name. Chuck Miller, Corey Schmitz, Paula Jo Jesser, Ruth Widyanto, Cassie B, Ryan Manfredi, Jerianne Brumley, Dean DePhillips, Stacey Mackie, Lauren with no last name, Laura with no last name, April Webb Jr. from Tampa, Sophia with no last name, Jen with no last name, Summer Pike Smith, Tom Carver, Steph Clemons, Jacob Westfall, Sandra Welch, AMS, Susie, Lindsay Moore, Colleen Bellows, Laura, Lovelady Cooper, Kay Marg, Belinda Poole Marin with no last name, Steve Dornaman, Cat with no last name, Janice with no last name, Matthew Archuleta, Wendy Visconti, Justin Tache, Taj, Tachi, Susan Junker, Tasha Phillips, Nicole Robinson, Shelby with no last name, Kristen Burrell, Bernie B, Cindy with no last name, Winchester Gurley, Tyler Fox, Faith Rather, Mario Castaneda, Megan Davis, Divest, Karen Thompson, Susan Pericchia, Dylan Curton, Alicia Lee, A.

Giemphi. What? I don't know. Caitlin Barbieri, Barbieri, Deidra, Deidra, Macy Calvert, Deidra Lagasse, Nicole Beiswenger, Brian Gumpke, Bree Ogle, Lorraine with no last name, Kelsey with no last name, Tara Hollerin, Julie Tat, Megan B, Victor Carson, Tim Winther, Ashley Power, Robert Bresceno, Elizabeth Ash, Big Kahuna Curly. I said that. Moose with no last name, Steve McKee, Bailey Davis, Beverly with no last name, Kelly Landon, Kyle Krulicki, Dirf Zanay, and all of our patrons.

Thank you all so much.

James Pietragallo03:03:27

Thank you, everybody, so much. Thank you, thank you, thank you. God damn it, we appreciate all that you do for us all the time. Thank you for being there. Thank you for hanging out. Thanks for your time. Thanks for your money. Thanks for telling people everything. Keep coming back and seeing us week after week here. We will be here, and we're not going anywhere. You want to find us? Check out shutupandgivememurder.com. All the social media stuff is on there. You can find us. We're easy to track down. So keep doing that. And until next week, everybody, it's been our pleasure.

Jimmie Whisman03:03:56

Bye.

Episode description

This week, in Franklin, Louisiana, an awkward exchange between an ex couple, involving a secret Wal Mart meeting, and a home pregnancy test, leads to a wild night of carnage. A woman is taken for a scary ride, being told she certainly won't survive what's about to happen, which somehow unfolds into even more murder, and one of the craziest chases that a murderer has ever tried to pull off. Who survives, and who will admit to what are major questions, and the answers are crazy!!

 

Along the way, we find out that black bears are endangered in Louisiana, that if someone that you're scared of invites you to a meeting at Wal Mart, you should be even more scared, and that a van is not the best vehicle for a 100 mph run from the cops while plowing through crops!!

 

New episodes, every Wednesday & Friday nights!!

Check us out on VIDEO Wednesday and Friday evenings on Netflix! www.netflix.com/smalltownmurder

Go to shutupandgivememurder.com for all things Small Town Murder, Crime In Sports & Your Stupid Opinions!

 

Follow us on...

instagram.com/smalltownmurder

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Also, check out James & Jimmie's other shows, Crime In Sports & Your Stupid Opinions on Apple Podcasts, Spotify, or wherever you listen to podcasts!!