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tv   Death Row Stories  CNN  March 22, 2014 10:00pm-11:01pm PDT

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someone will listen. as long as you don't give up, justice is possible. >> you would like to think upstanding citizens aren't going to suffer. >> after a brutal murder, detectives accused a woman with no criminal record until the mother of an american hero puts her all into a fight for freedom. >> i knew she wasn't guilty. should be obvious. >> when i saw that, my jaw dropped. >> one of the most egregious casize have ever seen.
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>> there is a body in the water. >> butchered and murder. >> many people proclaim their innocence. >> in this case there are a number of things that stink. >> this man is remorseless. >> the electric chair flashed in front of my eyes. >> get a conviction at all costs. >> lot the truth fall where it may. >> december 9, 1983. little broke the quiet in. then at this modest home on rosewood avenue there was a knock on the door. his wife grace checked out the window and opened the door for a repairman. >> he said ma'am we got some report about your phone. we would lack to look night. and she says okay, well come on
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in. he went to the telephone. and then turned around and pointed a gun at she and her husband. he then hogtied them. put blankets over their heads so they couldn't see. grace daveys heard a second man enter her home. >> the perpetrators were screaming where is the silver, where is the gold? ed daveys was a coin collector but never told about the trove of it hidden his home. he refused to tell the robbers. one of the perpetrators put a knife to her neck. if you don't tell us where the gold is, we will kill her. so, mr. davies told them where the silver was and the gold.
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then one of the men walked back into the kitchen. and grace was confronted with an unfamiliar sound. >> she heard it and then felt her husband's legs kind of like quivering on her legs. then grace heard a similar sound. probably didn't realize, the sound was the bullet hitting her head. >> against all odds. the elderly woman regained consciousness hours later. some one reentered the house. grace didn't move. she was half in shock. half still hoping they would go away. she could tell her husband was moving. then she heard another gunshot. then she didn't feel her husband moving at all. terrified and bleeding, grace eventually freed her hands and tried to dial 911. only to find the line had been cut.
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she dragged herself off to the couch. and collapsed. in the morning, early, all of a sudden the tv came blaring on. it woke her up. so she crawled outside. on her hands and knees. >> a shocked commute her found grace bloodied unconscious. miraculously, the 76-year-old woman would survive. police arrived and discovered ed davey's lifeless body. >> you would look to think upstanding citizens aren't going to suffer that kind of torture. and murder in their own home. >> detectives found no fingerprints at the scene. but they did learn, ed -- >> detectives found no fingerprints at the scene. but they did learn ed had bought two bags of silver at allied coin shop. owned by a man named vir gi l
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fletcher. estimated value $27,000. who knew that, what is the connection? how did somebody know the large cache of silver was in the home. during an unrelated arrest days later a local criminal told detectives who may have done the davies job. >> gary massie and steven desantos, well known thieves, thugs. in and out of custodies for various krilz. >> i don't think the police were at all surprised. steven was an angry young guy that just didn't know how to make a living. other than, robbing people. gary was unstable. more into the criminal element. the first thing the police did -- was go after gary massie and steven desantos. police launched a manhunt. for days came up empty-handed.
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grace daveys recovered. police now believed there was a third conspirator. and their suspicions were confirmed when the wife of the suspect gary massie appeared one day at the sheriff's department. >> joanne was not a dumb woman. if you were the one to gift information you are the one to get the better deal. the first thing she did was say my husband was involved. but steven desantos fired the shots. >> sheriffs demanded to talk to gary and joanne promise she'd would bring him in. but detectives also wanted to know how gary and steven had learned about ed daveys treasure. joanne came up with gloria. >> she said a woman named gloria helped plan the robbery. >> gary is innocent. it is gloria and desantos who are responsible.
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the new suspect was gloria killian, renting a room from virgil fletcher the owner of allied coin. when she saw the davies murder reported on tv. >> i said, my god, that is horrible. the poor wro man lived, crawled into the street, all the horrible things happened to her. it was awful. a week later, gloria was helping out at her boyfriend any auto body shop when police came calling. >> we didn't have a customer schedule then. so we were going to close for lump and have sex. we got everything locked up. i'm busy taking my shirt off and there comes a knock on the door. >> four sheriffs come to the door and they say we want to talk to gloria killian. >> i was mortified. can they come talk to us? sure. no problem. >> sheriffs were taking gloria to be questioned as the robbery's alleged mastermind. >> as we're walking out the gate, little miss big mouth
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goes -- >> in helping to plan their work and making sure we're targeting the resources in the best possible way. i want to also pass on the government's things, it's the people who are working day and night to make sure that we -- we do everything we possibly can to follow up every available lead and -- and that this search is as thorough and as -- as well organized as it can be. i have been impressed with the dedication and enthusiasm and the hard work that is going on. this work is on top of what these people need how to do every day. and for that reason we are grateful for the effort that they putputten -- put in. thank you to all of those involved in this search. thank you also to though whose are cooperating from other parts
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of the world. this is very much now a multinational operation. and we appreciate very much the time and effort that is put in. and we hope that, we hope that, soon, and it will be more information available, to provide some kind of closure or at least an understanding of what happened especially to the families of those who were on board malaysian airlines flight 370. so the search will continue. we will continue as long as there is hope. and i hope that well will find, find it soon. when we are able to, to conclusively say, once and for all, that we are close to -- finding where the -- where this plane may now be located and there can be some kind of closure for families. i will hand over to john who will give you the regular briefing and explain what has been happening to day and what's proposed for the rest of the
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day. >> thank you. >> good afternoon, everyone. the cooperation today is a logical continuation from yesterday's operation you. might recall we defined a -- a search area based on satellite imagery. we now have a little more satellite imagery than previously. schoin provided us with an image -- last night. china provided us with an image, last night, provided to us, we have incorporated that into our search planning. today is really a vshable search again. continue seeking to make sightings from the visual search. looking for objects in the satellite imagery. we did make one sighting yesterday afternoon. which was reported in the
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release. and with just a little more detail. i will ask one of the coordinators to give us a short rundown on the aircraft operations for today. and i want -- and how we are following up on what was sighted yesterday. mike, could you? >> thank you, john. today the search as -- is about -- a visual search. complete change of emphasis. into a more defined area. based on the satellite imagery. we have eight air crafts searching to day. four single jets. four military aircraft. the nature of the day light, in that part of the world, means we are only just getting into searching now. and the search will go on into late evening eastern -- eastern states time. the civil aircraft accrued with -- with emergency service volunteers who have been trained
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in, in air techniques in western australia and we have used some from victoria earlier as well. and, the military aircraft. this is their professional bread and butter. maritime control, patrol aircraft. the area continues to change as the waters movements changes and we continue to track that with self locating data buoys and we also seek expert opinions from organizations like the csro, the united states coast guard and others. we have put all of that information together. and any new intelligence that comes to us about satellites to formulate an area. and we will redo it again tonight. based on what observations may have occurred in today's flying. and lack how to go out and search it again. and then we will do it again and again until we have some sort of closure or positive sightings in the area. >> can we get more of a sense of what the visuals are yielding?
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there was a reference to one yesterday. has anymore come in today? just on the one you said, would that happen to be a wooden palette. reference has been made to that publicly? >> yeah, part of the description was a wooden palette and a number of items that were nondescript around it. and some belts, different colors around it as well. strapping belts. different lengths. we tried to refined that yesterday with one of the -- new zealand air crafts. and unfortunately they didn't find it. that's the nature of it. you have to be off by a few hundred meters, in a fast traveling aircraft. we have gone back to the area again today. to try to refined it. but also continuing on with ape methodical search of the rest of the area looking for these objects which are showing up in the satellite imagery. to try to give us some clues.
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>> wouldn't it be associated with an aircraft? or would containers be more -- you know containerized to use the word? >> weep asked the same question ourselves. we went to some of the expert airlines. the use of wooden pal elts is quite common in the industry. they can be packed, usually packed into -- loaded into the belly of the aircraft. within that container it is quite common to have items on palettes and in, input into the other items. so, it is a possible lead. but we will need to be -- very, very certain that this is a pallet. pallets are used in the shipping industry as well. and descriptions of other debris has any description been put on other debris. >> we are not describing it as debris. what was described to us was a number of objects, around, which they couldn't quite deter men
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what they were. the only other items that, that were given any real description were straps, that were there, and again, that could be anything. and until we refined this -- this, these items and have a good look at them, it, it's hard to say whether they're associated with this or not. >> the search for the debris that was located -- again, that satellite showed the image of something that was in the area. it is consistent with other images from the early days of, three, four days ago. in an area and a the time and sizes. so again the focus of our visual search is to locate some of these items. and just, find out what they are. the difficulty appears to be, looking straight down from above, and the satellite is showing, an object of some description. they are giving us sizes.
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determining what it is from an aircraft from a lot lower altitude. looking into the sun or with the rest of it. proving difficult to relocate the items. >> what's the biggest challenge? so far in the search. >> the challenge of the search hinges around its remoteness from anywhere. the aircraft are operating at extreme ranges from perth, the clowest airfield, or just of the road. so at 2,500 kilometer as way, they're operating at the limits of their endurance. only having a short period of one or two in the search area. that is allowing a singular search a day. which is spreading the search out over several days. >> vshab wvisuals on other obje have any reports of those come in, subsequent to yesterday? >> no. yesterday was the first visual siting we have had in the search so far to. day as i said, the time zones.
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difference. only just getting into searching out there. we are waiting to see what other observations are made out there. the weather was not as good today. initially, started. there was fog and low cloud out there. but, the reports we're getting back now is that the western half of the area is quite clear. and it apares to be clearing to the east. so we are hopeful we are going to get a full search in with good conditions. >> thank you very much. >> are there any other questions of a general nature the i would be happy to take them. >> in the days ahead, are they likely to increase, decrease, or remain as they are? likely to see increase in the a avea a -- availability of assets. >> there has been an indication from china in particular, they
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have an unusually high degree commitment to this greater than you would expect given where they are on the globe. >> china clearly has an intense interest in the search operation. i believe they had 154 people on board the aircraft. and -- as we know from media reporting, the chinese relatives and families are desperately concerned with the progress of this search. china has offered the two aircraft. there are a number of warships on the way to the area. the chinese polar research and supply ship, xilong which we worked with in the, in an incident in january in the antarctica is on the way to the search area. china is very focused. on -- assisting with the search. >> would it be reasonable to expect that having more ships in
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there could help with the visual identification process or do the planes remain the best tool for that? >> actually you need both to do perfectly well. you've need aircraft to cover the large areas and get sightings. you need ships, helicopters. a long way for a helicopter. you need ships to get up close. and potentially recover -- material. and so that -- in fact they can be identified. mike spoke earlier about identifying the pallet. that means really recovering it on board. looking at the markings on it for example. we released -- the ship that had been there yesterday. in anticipation of -- of bad weather coming through. she was worried about cargo damage. and had done three days worth of work. so we released her.
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i think it will be -- probably tuesday that, that chinese ships will start to arrive. >> one last question. >> on satellite imagery has any nation or any agency or corporation indicated that there might be further supply of imagery of use. >> we are taking -- our satellite imagery from the geospace intelligence organization who are doing the vacuuming up of material and processing it providing the service to us. as was briefed earlier. china provided a satellite image. to us, last night. we didn't request it. china provided it. that's the way that, rescue organizations work with each other. could i finish by reminding everyone that our focus here is to define the very best search area that we can. and we think if the aircraft
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took the southern corridor. we have the best search area as we can. mike it has been peer reviewed by other organizations. we have good aircraft. we have good comptrollers. good observers. so we will do the best visual search we can. and, still hold the greatest of concern. >> live news conference there from australia on the latest on the search for the missing airliner. it is just after 1:00 in the afternoon there, australian officials letting us know the search is on yet again. eight aircraft involved in the search. four civilian. four military. and although they have no information on what, or anything that has been found today, they do report that as you heard that the weather is clearing. there they're still looking at
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two images that they, spotted in the past two days described as a wooden pallet and straps. but -- no identification on whether those things that were located by some one in the search, have any relation to the airplane. the challenge as they reiterated yet again is the extreme remoteness of the area and the distance. it takes these airplanes to get to the area that they are searching. tomorrow, two chinese aircraft will join in the search. as john young said they continue to grow the search every day with more aircraft. more eyeballs on the ocean there searching. and each day brings more agony for the families, loved ones aboard the flight. they're listening to the news updates wanting any information about their loved ones. pauline too has been spending time with themmen b ein beijing.
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now, live. hello, pauline. >> natalie, this is a very tech savvy group here. they're always on their smartphones. certainly getting the updates that came out of australia that we just heard. as they were saying, the challenge is the remoteness. the planes that go out -- they can only go a certain distance. and then by the time they get to the search area, they spend a couple hours there before they have off to come back. that avenue the concern for the families here. 154 chinese people aboard that plane. their families have been waiting, going to into day 16. right now a lot of the families are meeting with malaysian officials behind me in the hotel. there was a meltdown i told you about yesterday. between the chinese families and malaysian officials. uncertain whether the officials would come back. they did this morning. they're hammering out certainer use. now media is not allowed in.
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because the the malaysians requested no media inside. because of that, because that happened. they're concerned about the safety of their own officials. we did catch up, one person who exited. he is a grandmother. her daughter was on the malaysian airlines flight. her daughter had been on holiday in malaysia. and this grandmother expressed her extreme frustrations still. >> translator: this is my first day here. i said what i needed to say. i am too angry. every day i watch the television and i am going to go crazy soon. i am very emotionally unstable. >> reporter: emotions are running high. saw that happen yesterday. there is still a lot of frustration understandly so. they have been through so many ups and downs emotionally with leads that really hit brick walls. now we are getting news about vis news satellite image from the chinese that was released on
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saturday evening. but i can report to you that -- at least the malaysian officials and the families have started talking once again. we are waiting for more to come out to ask them what was discussed. natalie. >> so after the -- the big problems between the malaysians and family officials. they're working to restore the relationship there? >> they are. in fact it was so bad yesterday. when, emotions were running high. the officials just got up and left. this, these are meetings that the families have been asking for. because this delegation from malaysia is high level. high level officials from the government. and the military. high level officials from malaysian airlines, malaysian ambassador to china is here. there are also family conferences in kuala lumpur. those have gone better.
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and the transportation minister at his news conference saying the meeting here in beijing was "less conducive" they were going to try how to work out way to make it more productive. so, the fact that this meeting today has been ongoing for a couple of hours is a good sign. it shows they're in discussions. i can tell you that, that, some concessions have been made. from the malaysians. this is, information that came out of the briefing yesterday. the families have said to malaysia airlines, we are organizing. we would like things, printer, stationary, so we can get our messages out to the world. they actually agreed to that. also, families have been split up. some of them are here in beijing. some are in kuala lumpur. they are saying we have difficulties. could you assist in video conferences. >> all right, pauline. >> we'll work on that. >> thank you. we want to let our viewers in -- in the united states know that
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you will be returning now to your regular natalie allen. thank you for watching cnn newsroom. our headlines are right after this.
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four years after ed davies was killed, gloria killian went on trial as the heist's mastermind. the prosecutor called coin
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dealer virgil fletcher who once told police that his tenant, gloria, plied him for information about davies. >> virgil didn't directly say that gloria killian was involved but she had talked to him about wanting to meet mr. davies and does he date younger women, will he go out on his wife so he had an interest. >> virgil said i was asking about mr. davies. but i didn't know the davies. i didn't know they had money. i didn't know they shopped at allied coins. >> and under oath, virgil seemed hesitant to implicate gloria. prosecutor kit cleland also called grace davies to the stand wanting the widow to identify gloria as the suspicious woman who came to the door. >> grace davies was 80 years old with a bullet in her head.
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she had five or six times been unable to identify gloria as the woman who came to the door. and i think she finally said, well, it could be. >> despite these struggles, cleland did not call joanne masse to implicate gloria. she was suspected of committing similar robberies with her husband. the case came down to the star witness. gary masse. >> gloria is almost relieved. they're not going to take the word of a career criminal over me. that would make no sense. >> the jurors are instructed, they don't have to believe gary masse. and they listened and they found him to be credible. >> masse testified that he met gloria at niva snyder's house and she recruited him to rob the davies. >> gary masse says, we went here, we went there, and i did it with gloria killian. >> and masse was hard to cross-examine. >> because it was a conspiracy case, they didn't to have prove anything, gloria actually did
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which made it very hard for the defense to discredit him. >> gary masse was so loaded during this crime. so he got around an awful lot of it by saying, i don't remember, i don't recall. it is all very hazy. it was like trying to fight your way through a bunch of cobwebs. >> gloria took the stand still insisting she didn't know the robbers or the victims. cleland hammered away at gloria's credibility starting with her first statement to police, i always get caught. >> we were just about to lock up and make love. you can believe that if you want. some of her explanations were pretty incredible. >> cleland also confronted gloria with suspicious notes discovered in her date book. >> they found three or four pages that really caught their attention. she always looking out window. grace davies testified, i never open that front door unless i would see who is there. and then don't approach at coin
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shop. okay. now it sounds like someone casing the davies themselves. and the question, where garage, that would be where the silver is that the perpetrators are looking for. that's frankly damning to miss killian. >> gloria explained that during law school she moonlighted serving subpoenas. >> i had a lot of one, two-word notes. i had descriptions of houses. 30 miles out of town in elk grove or next door. >> she had pages and pages of all kinds of information. the police pulled a few pages out as evidence but it is evidence of nothing. >> cleland argued repeatedly that gloria was less credible than gary masse. masse could be believed, he
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insisted, because there had been no deal made for his testimony. >> there was no deal. he said it a dozen times. >> the prosecution said masse had not been promised that he would receive any benefit. but he hoped that he would get a benefit. >> mr. masse was hoping if i tell truth, that judge has to give me something. but we never made any kind of deal with him. >> two days later, the jury returned its verdict. guilty of murder in the first degree. gloria was sentenced to 32 to life. >> i just wanted to scream at this jury. are you crazy? how could you do this? how can you possibly believe this? and then they took me away. i lost every single thing that i ever had. but i convinced myself that as long as i could do something to help somebody, that it wasn't just an entire waste of my life.
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>> in prison, gloria used her legal training to write appeals for fellow inmates and even an article that helped expand battered women's rights. but gloria had no luck on her own case. the state court summarily rejected her appeal. gloria lost all hope. >> i could not understd how i could be so betrayed by everything i believed in. by the law, by the judicial system. how could i have been so betrayed? i didn't think i was going to make it. >> but in 1992, after six years behind bars, gloria received a visit that would change her life. >> part of my training was, never ask an inmate why she is
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there. the best thing to do is to just sit and listen. they need someone to talk to usually. >> joyce is the mother of sally ride, the first american woman in space. joyce had devoted herself to women behind bars and started visiting gloria to discuss battered women. they never spoke about gloria's case. >> joyce is very reserved, and gloria is very reserved. they're both norwegian, so it is basically two trees talking to each other for a year. >> after a year of getting to know her, i finally said, why are you here? >> it was surprising to me that she would care. nobody -- nobody cared what
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happened to me. i told her. i told her the whole thing. >> after all these years, i'm a pretty good judge of people. people generally believe if a person is in prison, she deserves to be there. that's not necessarily the case. >> joyce sent private investigator darryl carlson to visit gloria. >> she said i don't want you doing. this i've had enough. i don't want it anymore. i can't handle it. >> i think she didn't want to get her hopes up needlessly. and she didn't want to see me waste my money. i did have some inheritance money from my father which i went through rather quickly. i just thought it was worth the expense. >> over gloria's objections, joyce hired carlson who soon found a note in the case files revealing cleland's unorthodox relationship with his star witness, gary masse. >> you don't take a suspect in a murder case home for conjugal visits and chicken and dumpling
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dinners without handcuffs. it seemed like gary was being nudged into things. >> but in order to get a new trial for gloria, carlson would need clear evidence that there was a deal and he deceived the jury. >> it took a long time. they were closing doors and he had to make enemies in the sacramento courts before that letter showed up. >> what carlson found was a letter that had been sealed from the public, a letter to masse's sentencing judge. >> when i saw that, my jaw dropped. so our business can be on at&t's network for $175 a month? yup. all 5 of you for $175. our clients need a lot of attention. there's unlimited talk and text. we're working deals all day. you get 10 gigabytes of data to share. what about expansion potential? add a line, anytime, for $15 a month. low dues, great terms. let's close! new at&t mobile share value plans our best value plans ever for business.
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gloria killian had been languishing in prison for eight years when an investigator found evidence discrediting kit cleland and his star witness gary masse. >> he found a letter to masse's sentencing judge that asked for leniency in the sentence. it was concrete proof that there was a deal being made before gary got to testify in gloria's trial. >> with new evidence emerging, gloria became less reluctant to accept help. >> is it all right if i hire a lawyer? and she said, it would be all right. the thought of getting out was in her dreams again. >> joyce brought the letter to
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bill genego, a top appeal lawyer. >> it was a quid pro quo from the beginning. as simple as that i was very excited but certainly no guarantee we were going to win. >> while it was clear prosecutor cleland had hidden the deal genego still had to prove gary masse had lied on the stand. he got help from an unexpected source. two lawyers appointed to appeal gunman stephen desantis' death sentence. >> it seem we should know as much as the district attorney knew and there was resistance. >> after a protracted court battle, a judge required cleland to open his files. >> we sat there and went through the boxes. we were not allowed to take anything out of the room. i remember looking at this letter and thinking to myself, i can't believe they left this in the file for us to find.
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>> whoa! here we had it in writing. and it was so clearly exculpatory. >> i remember burying it in a pile of other things that we wanted them to copy for us. >> right in the middle. >> yeah. >> it was a letter from gary masse to kit cleveland. there was a verbal agreement, it read. i gave you desantis and killian. i even lied my ass off on the stand for you people. desantis' lawyers took the letter to gloria. >> we knew nothing of this. it was all concealed.
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for you. that was kind of a bombshell. >> they knew that they would have to give me a new trial. they would never let that stand. >> gloria's team presented their case to the california supreme court but they received a one-word apply. denied. the next stop would be federal court and genego now knew he must do more than cast doubt on the prosecution's case. >> you've got to present an alternative explanation about how this could have occurred if gloria wasn't involved. >> cleland had argued that gloria pried information and from coin shop operator virgil fletcher and used to it orchestrate the heist. >> they were able to make it seem as if gloria was the link between virgil fletcher and gary masse. and if it wasn't her, how else was this going to happen? >> well, gary lee smith was the missing piece. >> the people i dealt with, a few other folks and that sort of thing. >> small time sacramento criminal gary lee smith was recruited first to rob the davies. >> an individual approached me, had some information about the value of the things in the davies house. he told me where the gold and silver would be located. >> but smith wondered whether
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davies would resist. >> what happens if this guy doesn't agree to this? because i mean he's not going to want anybody coming in and taking his stuff. well, we'll just shoot him. i certainly knew that i didn't want to be involved in anything like that. the davies are innocent people. they could have been my grandparents. it just wasn't right. >> before gloria's trial, smith approached prosecutor cleland and told them he had been recruited by a man name bob hoard. hoard, a convicted felon was neva's son and had connections to virgil fletcher. but cleland never arrested bob hoard. instead he pressed smith to tell him about gloria killian. >> i told them i didn't know her. they said, what was her involvement? i said, none that i know of. >> it should have caused them to re-evaluate their case but they had already made up their minds
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about what happened here, and they were filtering out information that was inconsistent with that which happens all the time. >> they took the information and then that's the last i heard of it. >> for smith's story to help gloria, genego would need to find and convince him to testify in open court. all for a woman he had never met. >> gary lee smith had completely turned his life around and really had no reason to come forward and admit that he was a criminal 20 years ago. >> he asked me if i would come in and testify at her hearing. and i thought, my gosh. i certainly don't want any repercussions or anything. we work with leading employers to learn what you need to learn so classes impact your career. while helping ensure credits you've already earned pay off. and we have career planning tools to keep you on track every step of the way.
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after 13 years behind bars, gloria killian would get another day in court. federal judge, gregory hallos, agreed to hear new evidence and determine if she received a fair trial. gary lee smith decided to come forward. he testified that bob hoard, not gloria had recruited him for the robbery. >> i had to take off work. it seemed inconsequential really. this gal's life is involved. >> he said somebody else did it. that was the first time i kind of got any complete picture of it.
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i was just amazed. >> but the star witness was gary masse. this time, he would testify for gloria. >> gary masse was very upset at the prosecution. he felt he had been misled. >> gary masse said, they promised me no more than 12 years he said, it would be in a federal prison and i would get drug treatment. i got none of that stuff. >> now, gary masse was ready to come clean about perjurying himself at gloria's trial. >> i read passages of the trial and i said, was that the truth or a lie? he said, that was a lie. that's exactly what i wanted to get from him. >> all of the sudden, the judge decided to question gary masse himself. >> that's almost a challenge the way masse saw it. is everything you said on the witness stand a lie? what's your response going to be? no, not everything. >> masse told them a whole new
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story. gloria was involved but only as a pawn of the real masterminds. and eventually masse cut her out of the deal. but after masse was convicted he told cleland what he wanted to hear, that gloria planned the crime. >> the testimony completely changes. yeah, yeah, she might have been involved in the beginning but really, she had nothing to do with it. >> that's not unusual for witnesses to hedge but gary masse never came off the point that gloria killian told him about the davies and that she went with him to the house a week or so before. >> so he is trustworthy? gary masse says to the judge, i lied on the stand. straight up. the conviction is invalid but that's not the way the evidentiary hearing turned out. >> judge hollows ruled that gary's perjury amounted to
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harmless error. masse's deal, he wrote, had not been concealed since the jury could have inferred it. he denied gloria's appeal. >> when he said he still thought she was guilty, i thought, you are not a good judge. why are you here? >> six judges had ruled against gloria. joyce was out of money. their last chance was the ninth circuit appeals court which had reversed just one such ruling in the past decade. >> this was the last step in the process. we had lost all along the way. but this was her life. that's a huge responsibility and one that anyone would take seriously. >> now, working without pay, genago submitted the appeal to the ninth circuit's three-judge panel led by judge michael hawkins. >> i was the united states attorney for four years. i prosecuted plenty of cases myself. they are not entitled to a perfect trial. they are entitled to a
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reasonably fair trial, the defendants in criminal proceedings are. >> a year after filing, genago made a 15-minute oral argument to the court. then they waited. on march 10th, 2000, gloria was busy advising other inmates. she had been behind bars for 14 years. >> somebody came running over and said, you're still here. i said, what are you talking about? she handed me the article from the "l.a. times." and that's how i knew. gloria, you're going home. that was the only time i cried. >> i was just glad to hear it finally. what i had known for a long time. >> finally the 9th circuit looks at what happens and says, this
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is one of the most egregious cases i have ever seen. >> judge hawkins overruled the district court. masse's perjury wasn't harmless. >> the make or break witness. if you have reason not to believe him, then you have some lack of confidence in the jury verdict. >> the testimony of a thoroughly discredited perjurier, that's what they said. we would say he is a [ bleep ] liar. >> cleveland also should have disclosed his deal with masse. >> gary masse should have been confronted with the fact that he really did have a deal with the prosecution. in a fair proceeding, a jury should hear it all. >> together, hawkins wrote, "these errors were devastating to confidence in the process." still, prosecutor cleland fought the ruling all the way to the supreme court without success. six months later, gloria was
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freed. in a rare step, the state bar eventually admonished cleland for hiding evidence. >> the state of california finally stood up and said, this is not right. >> the d.a.'s office chose not to retry gloria but cleland insisted that he had not a scintilla of doubt about her conviction. >> gloria likes to say, she is exonerated. she is factually innocent. no. there were some mistakes but gloria killian was involved and i would still suggest that the blood of ed davies is on her hands. i think she could do a lot better by saying, i was trying to make a quick buck like all the other people at neva's house and i would not do that again. that would make me respect her a little bit more than i do at this point. >> i have a short response to that. try the case. shut up and try the case. okay? if you've got proof, go to court.
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prove it. if you don't, move on to the next case. be a man. >> our legal system is constructed on the idea that you are innocent until proven guilty. so unless you've been proven guilty of something, you are innocent, whether you say that she is not guilty, innocent or exonerated, that's just right way to think about it. >> gloria was finally free, but she had nowhere to go. all of her relatives had died while she was in prison. so i said, i have a three-bedroom house. she is easy to get along with. so am i. >> thirty years ago, gloria was vulnerable to unscrupulous criminals or zealous prosecutors, because she was alone. >> gloria didn't have people. she didn't have money. she was easy prey. now, she has people. she has devoted her life to helping the women that she left behind. >> i want to change the criminal justice system until it is fair. and i don't ever ever want anybody to go through what i went through. it is not right.
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it has to be fair.

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