S7, Chapter 4: Big Brother

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I had to open the bruise up
and let some of the blues blood come

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out to show them. I gets
so mad when I get accused of using

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Jacob's death to make money or to
get famous or whatever, like I don't

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want any of that. I don't
even care about that. In fact,

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the only reason I'm doing this,
the only reason I'm telling the story,

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is because I think it's important for
people to understand that New Mexico has always,

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always failed at taking care of children. Come out to come out to

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show them. This stuff has been
happening forever. New Mexico has failed its

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kids forever. In a lot of
ways. We're last in education, we're

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first in child abuse. You know, we have so many horrible statistics,

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and you know the fact that people
are getting away with it is not surprising

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to me, not getting fit,
it's not. And so the only reason

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I'm doing this, well, maybe
there's two. The first reason is I

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want people to pay attention. I
want people to be fucking outraged that this

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is continuing to happen. I want
people to stop not caring about what's going

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on around them because they don't like
politics or whatever. Because it's like,

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if we continue to just ignore this
shit. It's going to just keep getting

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worse. So that's the first part. The second part is I fucking want

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justice. Yep, I want justice
for Jacob. I agree. I want

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him to pay for what he did
to my brother. Open Open up,

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Rules Up. Tapes from the Dark
Side contains descriptions of violence and sexuality.

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Listener discretion is advised. When Brenda
discovered that John was making lewed phone calls

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to her thirteen year old niece,
she decided it was time to leave the

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relationship for good. That was November
of nineteen ninety and then less than two

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months later, in January of nineteen
ninety one, Brenda again went to the

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police to report that she now firmly
believed John had killed Jacob, and this

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time she had evidence. Brenda submitted
to the police a letter that John had

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given her, signed by him.
The letter said quote, I will never

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hit you again. Brenda told the
police how John had been physically abusive to

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her during the course of her marriage, and that she feared he could also

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hurt their son Eric. At this
time, Brenda was unaware that John had

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already been physically and sexually abusing Eric. She told the cops everything she knew

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how John tried to convince her to
meet him in the cemetery, where he

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promised to tell her what happened to
her son. She told them how he

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had been making lewd phone calls to
her thirteen year old niece, and most

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importantly, she told them that a
story about what happened to Jacob didn't make

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sense. She told them she believed
John had beaten Jacob to death. The

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police officially reopened their investigation into John. Remember, at this point they already

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had the failed polygraph test, a
verbal recorded confession. The ball was firmly

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in their court. Yet the Secoro
Police Department again failed to act, that

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is until August twelfth, nineteen ninety
two, a year and a half later.

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In the steps they would take at
that point gave Brenda an cope.

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An arrest warrant was issued for John, signed by the district court judge,

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the charge abandonment or abuse of a
child thirty Dash sixth Dash one. In

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the arrest warrant, for the first
time, we get a description of the

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incident in which John originally confessed to
Assistant Chief Johnny Trhio back in nineteen eighty

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seven. This is the incident in
which Assistant Chief Tchohio originally reported as being

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strong enough evidence to call off the
first polygraph, which was later rescheduled for

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undisclosed reasons. This incident is the
one that Assistant Chief Tchohio describes in his

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own report as a quote confession,
and is the interview for which all audio

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recording, description, transcript, and
even police notes were supposedly lost by the

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SIKOROPD From the arrest warrant quote Assistant
Chief Trohio advised that on April fourteenth,

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nineteen eighty seven, had approximately tenth
thirty am, he conducted an interview with

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the defendant. Tuhio advised that the
defendant stated that Jacob had tonsillitis in an

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ear infection and that they were giving
him different types of medication. Jacob was

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active when Merlinda brought him over,
and the only time he noticed anything different

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was when Jacob was sitting behind him, at which time John thought he was

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getting sleepy. John picked Jacob up
and started to take him to bed when

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the tape player snapped, so he
put Jacob on the couch in the corner

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and gave him a biscuit. He
then went back to the stereo and turned

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the tape over and started to record
again, and this is when he heard

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a coughing, choke gagging type thing. He picked up Jacob and placed him

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over his arm and patted him on
the back, trying to get him to

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stop choking. Then he held Jacob
upside down and hit him on the back.

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John says he doesn't remember hitting him
on the head, but he was

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hitting him right around the back of
the neck, in between the shoulder blades.

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John then ran to the neighbors and
asked them to call nine one one.

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He put Jacob on the floor on
his back, but some more vomits

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started coming out, so he put
Jacob on his side and then pushed in

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on his stomach and chest and also
started hitting him some more. He then

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started mouth to mouth and noticed a
heartbeat. Trufio asked John about why he

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had hit Jacob, and the defendants
stated that when he panicked, he probably

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was hitting him harder, and then
the last thing he could remember was holding

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him upside down and hitting him on
the back, yelling Jake Trufio asked if

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it was possible that when he panicked
he could have hit Jacob in the head

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and if that could have caused the
injury. The defendants stated that anything was

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possible because he had lost it until
he got to the neighbors and the rest

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warrant is also a description of the
polygraph examination that was conducted on July fourteenth,

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nineteen eighty seven, which is when
John told the beard story for the

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first time, when he was playing
a game where his beard tickled in between

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Jacob's legs, which is the same
incident where he said he accidentally knocked him

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off balance and Jacob hit his head
on the chair. Let's do a quick

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recap. At this point. We
have three stories from John. They don't

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all directly contradict each other, but
they are variations on what happened, perhaps

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each one containing a bit of truth. But what is clear is that even

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if John didn't purposely beat Jacob to
death, which still remains a possibility,

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his confession of his own negligence seems
like it should have been more than enough

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to get a conviction. John left
Jacob unattended multiple times, said he accidentally

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pushed him off a chair so he
hit his head, said he held him

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upside down and beat him in the
back, said that he might have hit

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him in the head and caused his
injury. Again, I don't know much

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about childcare. I don't have kids, but I know that if a kid's

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choking, you don't hold them upside
down and hit them. I think it's

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worth repeating that the doctor who examined
Jacob's injuries stated that the wound on his

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head could not have been caused by
falling down a couple of feet. From

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that report quote, the baby could
not have suffered his injuries by falling off

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a couch and striking a coffee table. He would have had to fallen from

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a great height, approximately four stories
to sustain that type of injury. It

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appears that the injury was caused by
a severe blow from a blunt object,

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such as an open hand. There
are a variety of ways that injustice can

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be perpetrated by our legal system,
but at the top of the list of

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the most frustrating ways is perhaps in
action or apathy. It can be soul

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crushing to see the potential for justice
slip through your hands only for nothing to

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happen. And that is why it's
my sincere regret to inform you that,

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after John was arrested in nineteen ninety
two. Again, nothing happened, No

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charges were brought against him, There
was no trial, no conviction, nothing.

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As far as we know, John
spent one night in jail August twelfth,

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nineteen ninety two. He was then
released into this day. It's a

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freeman. Something good. All those
injuries he sustained. Yeah, you know,

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I'll understand terms, but it's blood. He basically was bleeding inside of

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his he was killed. He hit
him, He hit him well. And

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there's points in there where the medical
investigator or the investigating officer, um,

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there's a couple of other people that
certificate very clear. Yes it's homicide.

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It's right there. Why didn't they
do something? What else do you need?

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I don't understand how he never like
he never even had a grand jury

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trial. He said he did one
night in jail, one night, and

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then he was gone the next day
as Daddy took him out. So I

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know you were like pressuring the DA
after you left him to do something at

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least pressuring. Everybody was raising hell. Remember, I just didn't understand why

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didn't do not doing I'm still and
I wrote letters and once I could talk

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about it, and I didn't know
he was a liar. Everything he said

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was a lie. Brenda and Eric
have not given up their fight for justice.

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In two thousand and five, they
tried again and again. The case

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was reopened thirteen years after that arrest
warrant from ninety two. In April of

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two thousand and five, Brenda Crawford
sent this email to Pique Cassettas at the

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Department of Public Safety in New Mexico, subject cold case child abuse resulting in

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death. Mister cassettis my nine month
old son was beaten to death on April

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seventh, nineteen eighty seven. I've
done everything in my power to seek justice

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in this case, from speaking directly
to the last two das to contacting victim's

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rights, but so far nothing has
been done. The name of the victim

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was Jacob Landine. I am the
mother of this victim, Brenda Crawford.

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The reason that was given for not
prosecuting is because they could not give John

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a speedy trial and they said they
were afraid he might sue the county.

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I think this is a cop out. John failed the lie detector test.

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He confessed to two different officers.
This is not a lack of evidence.

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Secoro County police are negligent. They
do not care that this person has never

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been punished and probably is still hurting
innocent children. I did not have all

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the information until nineteen ninety, but
the DA's office did, yet they did

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not do their job. In two
thousand and five, the case was yet

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again reopened. This time the man
that Brenda had emailed assigned Sergeant Thomas E.

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Christian Senior to look into the case. Sergeant Christian reviewed all the documents

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that we have also reviewed so far, and not surprisingly, he came to

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the same exact conclusion as we did
from Sergeant Christian's report quote investigative conclusion.

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After an extensive review of the completed
investigative reports, it is my opinion that

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the criminal charge of abandonment or abuse
of a child, which resulted in the

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death of Jacob Landeene, a first
degree felony in nineteen eighty seven, was

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justified and should have been pursued.
The defendant was arrested in nineteen ninety two

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and charged without offense, but after
his arrest it appears that nothing else occurred.

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There was sufficient evidence, in this
investigator's opinion, to prove that the

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defendant knew of Jacob's recent head injury
and the defendant should have been more attentive

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to Jacob's needs. The defendant did
negligently and without justifiable cause, placed Jacob

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in a situation that endangered his life. He changes story or version of events

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several times. That fact alone draws
a lot of suspicion to any story he

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tells. This incident which resulted in
Jacob's death occurred one way, not two

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or three ways as told by the
defendant. The defendant needed to be much

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more attentive to Jacob's needs, as
he was only nine months old and still

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in need of almost constant supervision.
The defendant failed to do this. The

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investigation will be referred for a secondary
review to the seventh Judicial District Attorney's Office

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in Saquaro County, New Mexico.
Case status open. Any hope that this

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news might have brought was extremely short
lived. Socorro sat on this case for

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thirteen years, and now there were
numerous problems with trying to bring the case

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to trial. First was the issue
of a speedy trial. If the state

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had pursued the case in nineteen ninety
two, they might have been able to

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charge this crime, But now thirteen
years later, there was the issue of

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statute of limitations. A first degree
murder conviction is exceedingly hard to obtain,

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and a second degree felony charge must
be brought within sixty years in the state

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of New Mexico, but again it
had now been thirteen years. Abuse that

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results in great bodily harm or death
of a child can be charged with a

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first degree felony, which has a
more generous fifteen years, but that is

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stated as from the date of the
offense. Jacob was killed in nineteen eighty

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seven, so technically two thousand and
two would have been the last year to

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bring murder charges. In my personal
opinion, that seems wrong, but my

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league opinion simply doesn't matter. I
do understand you have to have some kind

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of statute of limitations, but for
first degree murder, fifteen years seems too

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short. Does that mean you can
just kill someone and then fifteen years and

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a day later in New Mexico you
can confess in the state can't do anything.

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It sounds like a question for my
friend and legal expert Bob Mada,

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and I'm going to reach out to
him try to find out. But for

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now, all we know is that
in two thousand and five, New Mexico

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was again unwilling to prosecute the case. This is a letter from Bruce Burwell,

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chief Deputy District Attorney, who I
might add was also the district attorney

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in nineteen eighty seven when New Mexico
originally declined to prosecute this case. R.

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E. Jacob landeine matter, Dear
Sergeant Christian. I have reviewed the

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material you sent me concerning the above
entitled investigations several times and have given the

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matter a great deal of consideration.
On several occasions, I have determined that

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there's insufficient evidence at this time to
proceed with a felony prosecution. I'm also

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of the opinion that the extreme age
of this matter, coupled with the Statute

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of limitations, which was in effect
at the time the death, would by

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itself make it impossible to proceed with
a prosecution in this case. If you

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have any questions concerning this matter that
you feel I may be able to answer,

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police, feel free to contact me
at your earliest convenience. Very truly,

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yours, rusper Well. There's no
reason not to like. I don't

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get it. Did they pay him
off or what? Well? The DA

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was well before that, so the
DA I remember you. I actually read

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in here in your documentation, which
I'm like super grateful that you did all

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of that because it really tells the
whole story. But how he said that

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you changed your story and that's why
he didn't prosecute. That's why he impressed

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charges. And when I look back
at what your story was, it wasn't

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a story. They asked you if
you felt like he was capable of hurting

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Jacob, and you said, I
don't think so exactly. So that's not

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your story. No, that's you
answering a question, right right. I

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didn't think he was. Why I
would I leave my kid with him?

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Nobody thought he was, and we
thought he was this great person, like,

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there's no way I would send my
son to somebody that was like that

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if I knew, and I didn't
change my story. Ever, I guess

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the problem for me, and the
thing that bothers me the most, is

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that just the blatant corruption and the
blatant like lack of any kind of human

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understanding, empathy, willingness to just
fucking listen, you know, like we

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get maybe two feet forward, start
talking to a whole case investigative, the

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state Police and then it just falls
off the face of the earth, nothing

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happens. Just who does it would
murder? Basically, I made a freedom

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of information I request for everything related
to this case from the state police.

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Good and I'm gonna do another one
with the county and another one with the

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Sea because I feel like there's probably
a lot more to this than we even

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know. I wouldn't be surprised.
I'm surprised they never did anything, and

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00:18:22.000 --> 00:18:30.200
I don't understand why still to this
day. So I think we're at a

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00:18:30.240 --> 00:18:33.680
good, like stopping place almost,
but I do want to just get your

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00:18:33.759 --> 00:18:44.359
last thoughts about what do you want
to happen. I just think if the

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story touches even one life, if
it helps even one person not to have

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00:18:51.000 --> 00:18:56.519
to go we did, it would
be worth telling. I want to cook

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to help justice because it's not right. He couldn't talk, and you know

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I couldn't talk, and it took
thirty three years for me to let the

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story out. And you know,
I'm so proud of you what you've done

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and what you're doing, and I
believe in you and thank you for giving

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Jacob voice and all the other kids. It's too late for mine, but

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it's not too late for somebody else's
if you see the science. If your

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baby's scared, if they're holding on
to you, they don't want to let

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Oh something's wrong, pay attention to
those science. Don't leave your babies with

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your boyfriends. They might be good, kind artists. And oh, I'll

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watch him, I'll watch him.
Don't do it, gold, You're good.

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You know. I felt it and
I couldn't do nothing about it because

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I was stuck at work. But
I knew something was wrong, and look

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what happened. And I didn't pay
attention to the science because I didn't believe

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it because I've known him. I
went to church with him, I went

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to school with him. I thought
I knew this person, and I didn't

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at all. And I just want
if it saves one child without school,

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mother without one son not to go
through this, that's what I want.

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Thank you, well, thank you, thank you. I was not easy,

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man. There's there's so much stuff
in here, but you've addressed so

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much of it in your first interview
with your mom that I'm gonna be using

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00:20:49.319 --> 00:20:53.240
so much of that. Okay,
UM, trying to just review this.

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Did you have anything you wanted to
add to this. Can I talk to

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your listeners for a second, please
please? All right, So, I

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just want to say thank you so
much for listening to Jacob's story. It

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means the world that you care enough
to listen. And I hope that you

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can just take one small action for
me today, if you can just share

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00:21:18.759 --> 00:21:23.519
Jacob's story, whether it's on Tz's
podcast tapes from the Dark Side, or

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00:21:25.039 --> 00:21:29.440
any other episode of Jacob's that has
been produced out there. The more we

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00:21:29.480 --> 00:21:33.039
can get this out, the more
likely we are to get our day in

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court. And Jacob deserves that,
my mom deserves that. We've been waiting

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for thirty six years. It's time. It's time. So if you could

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00:21:45.200 --> 00:21:47.640
help with that, it would mean
the world to me. I know it

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00:21:47.680 --> 00:21:49.279
seems like a little thing, but
it is so much bigger than you can

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00:21:49.279 --> 00:21:57.240
imagine. It really helps and I
appreciate it. And you deserve that too,

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00:21:57.279 --> 00:22:00.440
man. I know you said,
Jacob Mom, but you deserve that.

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00:22:02.200 --> 00:22:08.440
Thank you. Love you, dude, love you too. Thanks man.

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I think, yeah, that's powerful. It's good stuff. Man.

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Every year I think it's not gonna
get to me, but it does.

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00:22:21.799 --> 00:22:26.000
It's getting to me, and I'm
you know, I'm so far removed from

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00:22:26.079 --> 00:22:30.839
it, so it's uh, I
can only imagine. Man, it's it's

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00:22:30.839 --> 00:22:34.279
so awful. Thank you for thank
you for doing this, man, it

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means a lot. I'm sorry I
didn't do it sooner. I just get

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caught up in my own world and
no worries. Honestly, I feel very

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00:22:42.799 --> 00:23:06.160
honored to be able to cover it
and to be able to talk to you.

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00:23:06.160 --> 00:23:08.640
You have been listening to tapes from
the Dark Side. I've been your

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00:23:08.640 --> 00:23:15.519
host tz this entire series, plus
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single dollar we get there makes a
huge difference to the quality of the show

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and basically secures our financial future.
Now, some of you are absolutely crazy

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enough signed up at fifteen dollars a
month at the producer tier, and I'm

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00:23:38.119 --> 00:23:45.000
honestly blown away by your generosity.
How was skeptical whether we would have anybody

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signed up to that tier, So
truly, thank you so much. We're

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gonna get you some physical rewards,
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and a custom taped from the Dark
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newest producers, Anna Johnson, Violet
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If I mispronounce any names, then please

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shoot me an email at Tapes from
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or on Instagram at the dark Side
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Leave, and Greg b. We

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also had a handful of people sign
up at the five dollar tier. You

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can join at any tier you like. You can even join at just one

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sign up for an entire year membership, which gives you two months free,

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which we had a couple of people
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as my own budgeting and planning for
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is huge. Our newest five dollars
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Purdue, and Laura Vanader. Thank
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six hundred who allowed us to adapt
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you to Augusta Trevor Rorem whose original
music we featured in our show. This

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00:26:45.039 --> 00:26:51.319
season, we featured some music that
we have never played before from Nest Melodies.

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This is one of the benefits of
having patron support the show. I

305
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can invest in some new music that
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of their work at Nestacoustics dot com. Really creative and interesting stuff they're doing

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there. Thank you so much to
Eric Carter Lundein for allowing me to tell

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00:27:12.839 --> 00:27:19.599
his story and his brother's story.
Please go subscribe to Eric's podcast, True

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Consequences. Leave us a review on
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notes. On Instagram I'm at the
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dark Sidepod m. Thanks for listening
in until next time, try to enjoy

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00:28:06.559 --> 00:28:29.720
the daylight. I had to like
open the bruise up and let some of

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00:28:29.720 --> 00:28:33.160
the blues blood come out to show
them, to show them, to show

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00:28:33.240 --> 00:28:38.400
the show, to shoot shoo shoo