>> on this episode of "death row stories," a young couple is brutally murdered. >> visualize the worst terror, being chased through the house. >> and a secret recording seals the case. >> i heard my heart beat. this is the father of my children. this is someone i love. but when the evidence is questioned -- >> it was virtually inaudible. >> [ speaking in foreign language ]

>> a nation rallies behind one man's cause. >> i felt betrayed. i knew i was innocent. >> there's a body in the water. >> he was butchered and murdered. >> many people proclaim their innocence. >> in this case, there are a number of things that stink. >> this man is remorseless. >> he needs to pay for it with his life. >> the electric chair flashed in front of my eyes. >> get a conviction at all costs, let the truth fall where it may. >> tampa bay's q105, your hit music station. it's halloween. here's what we got coming up in tampa bay and st. petersburg, bradenton, clearwater area tonight -- >> on halloween, 1995, 23-year-old tina mccoy drove to this quiet neighborhood on the outskirts of tampa to check on her older sister, sherrie. >> tina hadn't heard from her

sister, sherrie, for a number of days. it was really unusual. they speak just about every day. it was a secluded home. everything's dark, and she's trying to get in the house. >> as tina approached the front door, she noticed it was unlocked. >> the door doesn't open more than a foot, and she's pushing on it and pushing on it and then looks around to see what's blocking the door. >> through a narrow gap in the doorway, tina recognized her sister's body. sherrie mccoy was on her knees, slumped over in a position as if she's trying to get out and somebody was trying to stop her. >> a few feet away, detectives found sherrie's boyfriend, doug lawson. he had been shot multiple time. >> doug was laying in a little void in the living room as if he was coming off of the couch to

take cover. >> detectives could find no signs of forced entry. in the kitchen, dinner was still on the stove. sherrie and doug's two rottweilers were in the bedroom, locked inside. >> the only thing i could do was surmise that doug was an having an encounter with an individual that we believe he knew. doug gets shot, sherrie comes out of the kitchen, the assailant would turn and shoot her and then stabbed her over 30 times. >> despite the brutality of the crime, doug and sherrie's attacker left few clues behind. >> the assailant doesn't take anything. there's nothing on the shell casings, there's no knife to recover to fingerprint, there's no footprints in the carpet, there's no footprints anywhere else. the most promising lead was a list of phone numbers left on the kitchen counter. >> we tried to contact everybody on that list to see if they knew

anything about this particular couple. sherrie was a dancer at night, and she would go to school. doug was an aspiring musician. he happened to be the son of an evidence technician at the sheriff's office. there was rumor based on witness statements that they dabbled in marijuana and possibly some other drugs. >> the public was asked to call the hillsborough county sheriff's department with any information about the murders. >> we did chase leads related to violent criminals, but we could never make the tie to this case. >> after a few weeks, the case went cold. three months after the crime, detectives received an unsolicited phone call from a woman who suspected her ex-husband may have been involved in the murders. 29-year-old sloane martinez told

police her ex-husband, joe, had worked with doug lawson at a local at&t warehouse. >> joe would call me up in the middle night -- "i can't take the nightmares, the blood. i can't shake it out of my head." he said he was in a fight with somebody, and he really hurt him and the guy might be dead. "he owed me money." i was like, "what? is there anything i need to know?" "no, no, everything's fine. it's -- it's okay." >> in the weeks following the murder, sloane noticed joe acting strangely, including bleaching the interior of his car and changing his appearance. but she didn't connect the dots until she learned one of the victims was joe's former co-worker, doug lawson. >> we gave doug a ride home, and i brought them lunch on several occasions. so i'm like, "there's something wrong here. something's not right," and i called the fbi. within moments, the police department called me and were at my doorstep. >> when i get to to sloane's

house for the interview process the phone rings. it's joe. she hands me a secondary phone. i'm listening to this conversation. i can still hear this in my head. it's like it happened yesterday. joe says, "i could get the death penalty for what i did," but we weren't able to get it on tape. >> lead detective mike conigliaro decided to set up surveillance at sloane's apartment to record joe's next visit. >> they asked me if i would cooperate. if he's innocent, then no harm, no foul. everything will be fine, and that'll be the end of it, and everybody will go home. >> we set up many bugs around the apartment -- in a smoke detector, in a baby bag next to the couch. it was up to sloane to carry the conversation and ask pointed questions leading joe to talk about the facts. >> detective conigliaro and his

team listened in from a van nearby. >> why don't you start being honest? >> i'll start being honest when you tell me who spoke to you yesterday. >> you tell me first. i heard my heart beat. i didn't want to believe he was capable of murdering anybody. this is the father of my children, this is someone i love. >> set up the flyers -- they were brutally beaten to death. how could you do such a thing? >> not you, what are you? >> i wanted to try to take care of you and the girls, me and try to pay off everything, and uh -- please don't tell anybody that i talked to you. you shouldn't know about it. 'cause you're my alibi! >> you had all these people listening to it, and it was clear in all their minds that we have a guy that's admitting to this murder. it was at that point the state attorney said, "go ahead and make the arrest."

>> at the station, detective conigliaro confronted joe with the recording. >> i said, "joe, why don't you just tell us what really happened because we already know." and it was at that point he says, "i think i might need an attorney." conversation's over. >> 16 months later on april 9th, 1997, joe martinez faced the death penalty at the hillsborough county courthouse in tampa. robert van name was one of the jurors. >> we're all first-timers, you know. everybody felt an obligation to get it right. this was big stuff. >> because doug and sherrie's bodies were in advanced stages of decomposition the state could not determine when exactly the murders had occurred. >> the timeline was always questionable in this case with the medical examiner indicating that the extreme bloating and the marbling was at a rate that

was more like the 72-hour mark, maybe even pushing beyond that. >> the defense called several alibi witnesses who confirmed joe's whereabouts during the three days in question. >> joe martinez was a clean-looking guy, didn't show a lot of emotion. i can't remember anything about the defense. >> without physical evidence tying joe to the scene, prosecutors relied on the hour-long video recording of joe's meeting with sloane. >> sloane testified that he had several nightmares. i think one time she said something about the blood -- the blood. joe woke up and was like, "god, so much blood." she said, "what blood, what blood?" and he goes, "oh, don't worry about it." he deserved it anyway. but i personally wanted to hear with my own ears. the condition of the tape was pretty bad. the kids are crying, she's very on edge, he didn't want to talk about it.

we listened to it from the beginning to the end, and it felt pretty black-and-white. >> prosecutors also presented testimony from joe's lover, a woman named laura babcock who said joe arrived at her home the night of the murder with a swollen lip and scraped knuckles, carrying a briefcase of marijuana joe said belonged to doug lawson. the jury's verdict was unanimous -- guilty. >> a couple of people came out right away and said they could not send him to death row. i was all for it. >> "yeah, they need to kill him. i'll throw the switch. yeah, i'll do it," you know? i think i had that kind of mind-set. >> in a 9-3 decision, the jury voted for death. on may 27th, 1997, 25-year-old joe martinez became the first

spanish national to be slated for execution in the united states. >> death row is a place without smell, without light. it's lonely. there's a lot of suffering. i lost my faith. and more than anything, i felt betrayed. i knew i hadn't done anything. i knew i was innocent. i'm your 70lb st. bernard puppy,

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>> joaquin jose martinez, known as "joe," was born in ecuador in 1971. when joe was five, his father moved the family to his native spain. eventually, the family emigrated to the united states and settled in miami. >> during my late teens, 20s, i i wanted to live this perfect american dream that we all see on tv. you make it big, make my father proud of me. it was so surreal when i was arrested. no one thought that i would be sent to death row. at the police station, they threw these cassette tapes at me, and they said, "we have your confession." and i said, "what?" i was shocked and just kept thinking, "wow, this is another one of my ex-wife's phone calls."

>> joe had met sloane in miami in the spring of 1992. >> sloane would sing karaoke and i fell for her right away. >> within just a few weeks, the young couple was married. >> in the beginning, she gave me my two beautiful daughters. but i was young, thought i would still have the vip-type life and then come home to the kids and to the wife. i couldn't cope with being a parent and a husband, and i began to be unfaithful. >> joe relocated his family to tampa and became romantically involved with his co-worker, laura babcock. >> laura was the vice president's sister, of the company. so, for me, that was big. and i ended up having a relationship with her while i was still married. my wife became aware that i was cheating on her when i wouldn't

come home for weekends. >> in the summer of 1994, joe and sloane's marriage took a fateful turn. >> my parents came to visit from miami, stayed a few days at the house. we went to have lunch, and my whole family was in the car with me. >> [ speaking in foreign language ] >> i was going too fast, a car just cut right off in front of me. i struck that car. >> [ speaking in foreign language ] >> sloane was bleeding quite a lot. she had a cut all the way through the back of her head. i recall seeing my mother's head in the windshield. >> [ speaking in foreign language ] >> i had a lot of guilt over

this person that was killed. >> sloane always blamed me for the accident. she would get angry. she had a short fuse. there was times when she would know that i was with laura. she called the police department, said that i had beated her when i was going to take my children away. >> joe had a really bad temper, and we had some really bad fights, violent fights. he was very aggressive, you know, pushing against the wall, choking. i left him quite a few times. >> after three years of marriage, sloane filed for divorce. but the couple continued to see each other and the relationship only grew more tempestuous. >> it was laura's birthday. i told sloane a small lie. i said that i had to go to work. >> so i called there to remind him to bring a toy chest he got for the girls. the secretary -- she says, "he's

with his fiancee, laura. it's her birthday. they're at disney." i'm like, "whoa!" >> called and left a message -- "tell laura this is gonna be one birthday that she will never forget." >> the following day, joe went to see sloane and the kids, unaware that detectives had wired the home. >> i really had a horrible headache -- hungover from the night before -- and we were speaking about my new relationship. but she just kept badgering me about this case. >> that what you did to him -- was a mistake? you said it was mistake. >> no mistake. >> oh, so it was done on purpose? >> i don't know if we're talking about the same case here or not. >> well, enlighten me, because you're scarin' me. >> i'm scarin' you? >> yes, you're scarin' me a lot. >> i said to her, "i've only had

nightmares about one thing -- a car accident that i always felt i was responsible for." she didn't want to hear about it. >> [ speaking in foreign language ] >> joe martinez arrived on florida's death row on june, 1997. he was one of 380 inmates awaiting execution in the electric chair. there's a light bulb every two cells. when an execution comes, everyone -- they're staring at the light bulb, everyone. the light bulb flickers, shuts off, turns back on. the younger inmates -- you can

hear that they cry. >> when a florida inmate was electrocuted earlier today, his black, leather face mask burst into flames. now florida may change the way it executes criminals. >> after several malfunctions, florida's preferred method of execution came under public scrutiny in the 1990s. >> some of the guys that were closer to the execution chamber, they said they actually heard the screams. >> it worked properly, and i am confident that will continue to work competently. >> florida lawmakers granted joe and his fellow death row inmates a choice -- death by electrocution or lethal injection. >> i can only imagine the suffering. i chose lethal injection. i accept the fact that i will executed for something that i didn't do. and at that moment it's when i tell my parents, "it's on you."

i -- i've done everything i could.

>> as joe martinez sat on death row, his parents traveled across spain, raising money for his appeal. >> [ speaking in foreign

language ] >> [ speaking in foreign language ] >> [ speaking in foreign language ] >> [ speaking in foreign language ] >> reporter rosa townsend covered the case for the spanish newspaper, el pais. >> i've never seen a case like this that drew the attention of everybody. the parents were relentless, going from tv station to tv station in spain. there was a huge opposition there to death penalty because

of our own history. during the franco dictatorship, there had been about 100 executions, mainly political. and ever since, the death penalty was forbidden. in the joaquin case, it was timing. it coincided with the bush presidency. when he was governor, he presided over 100-plus executions. that wasn't lost to public opinion in spain. >> [ speaking in foreign language ] >> the support i received from europe was overwhelming. i've been conditioned to be treated as a number, 124396, and overnight i felt -- a person again. >> with the support of the spanish public, joe's parents hired renowned capital defense

attorney, peter raben, in 1997 to take on joe's appeal. >> i met mr. martinez, and he just had an aura around him of strength. and his wife, sara, you could see just in her eyes that she was carrying the emotional burden of having a son on death row. >> [ speaking in foreign language ] >> joe thought the facts spun out of control and his lawyers were not strong enough to set things straight. >> peter discovered that just before trial joe's girlfriend, laura babcock, had flipped from testifying for the defense to becoming the prosecution's star witness. >> laura babcock had said from day one that joe spend the weekend with her. on the eve of trial laura said, "i was lying to cover up joe's

involvement. he'd been in a fight, he had a briefcase with marijuana." that's just insane that a pro-defense alibi witness becomes a critical prosecution witness 60 months after the crime. >> on the stand, laura said she'd been supporting joe financially and that joe had taken the marijuana from doug lawson because doug owed joe money. >> we know from talking to witnesses joe martinez was really hurting for money. he was behind on all kinds of payments, and would sell anything. >> the state didn't have a lot of evidence, and it was critical that laura babcock said that joe had a bag of marijuana so they can back their way into a motive. >> i don't understand why she did it. maybe 'cause she found out i was still seeing my ex-wife while i was with her. i was sleeping with both women at the same time.

i don't think that really set well on her. >> it was stunning that there was no physical evidence in this case tied to joe, yet they proceeded so confidentially against him. the case against joe was comments that are attributed to him on the tape recording while trains were going by and children were screaming. had doug lawson's father not been a cop they would have gradually interrogated joe to find out what really happened. >> at joe's trial, the prosecution supplied a transcript so the jury could follow along. >> in 33 pages of the transcript, "inaudible" occurs 450 times and it was an inaccurate transcript. >> trial consultant harvey moore assisted peter in analyzing the recording. >> when i looked at the tape, syncing the tape and the transcript, we got to the part where there was a huge block of static. >> let me ask you --

>> i wanted to hear from you -- >> and they just invented a whole clause -- these inculpatory statements. we had a trial that went forward on things jurors were led to believe they heard in a tape -- just couldn't be heard. >> and that transcript, unbeknownst to anybody, was, i'd say, 70% a concoction of doug lawson's father. but no one knew that. get it.

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>> joe martinez's appeals attorney, peter raben, believed prosecutors' key evidence against joe was deeply flawed and had unfairly influenced the jury. >> in the trial court work, i want you to imagine, like, a jigsaw puzzle box. you can arrange all the pieces in such a way that you can create the picture on the box. what you're doing at appeal is you're arguing those pieces don't depict that picture. the evidence in this case is the tape recording, but the transcript became the bible for the first jury because they couldn't hear what's on that tape. >> to strengthen their arguments, prosecutors asked detectives for their

recollections of the taped conversation. >> detective conigliaro testified to all the incriminating statements that he claims he heard, and the prosecutor asked, "were you confident that joe had confessed and there was no doubt in your mind that he was guilty?" >> when we were sitting in the car, it was as clear as day what we heard. we didn't hear this interference that we picked up electronically. we thought we captured it. and i gave my opinion that i believe he did it. >> florida law is really clear that fact witnesses are not allowed to give opinion on guilt or innocence, especially police officers, because they're biased. i was confident the florida supreme court would say that was a harmful error. >> in january, 1998, eight months after joe's conviction, peter filed a direct appeal with the state's highest court. meanwhile, spanish politicians

advocating for joe's release became increasingly vocal. >> anything that tells the judges "this case is different" is important. whether you like it or not, the world's watching. in a weak case, a prosecutor will do inappropriate things and attack character, and that's what they did. they attacked joe for cheating on his wife when he wasn't on trial for that. sloane was saying that she was played. after the trial, she had a evinced significant doubt about joe's involvement in a crime. >> following joe's conviction, sloane martinez gave an interview to spanish media. >> if you have no physical evidence and all you have is the word of two girlfriends, a girlfriend and an ex-wife, who are both -- how do you say [speaking in foreign language], so to speak, over the same man -- that's when i knew this was much deeper than just a simple

murder. there's something more here. and there is more. there's something else here. joe's mom was there, was begging me to help save her son, saying "sloane, you're a mother. save my son." that was hard. i said, "i'll do what i can." i didn't want him to die, because he was the father of my children. >> in june, 2000, the florida supreme court ruled that detective conigliaro should not have been permitted to opine on joe's guilt. after three years on death row, joe would receive a new trial. the martinez family asked peter to lead joe's defense. >> i was very fortunate that it was a different state attorney. he gave me access to his files, and i learned that some of the people who had been interviewed had not disclosed everything that they knew and had done.

>> among the state's files, peter came upon a tip from barbara mccoy, the mother of victim, sherrie. >> there was a tampa tribune article about a motorcycle outfit that was busted, and i kind of asked around and they said when that article appeared in the tampa tribune, barbara mccoy called detective conigliaro and said, "those are the guys that came to my house looking for doug about a motorcycle, and they were scary." >> at the crime scene, detectives had located a motorcycle that peter now believed was connected to the group, led by the suggs brothers. >> i asked barbara mccoy, "so, in your mind, they were potential suspects?" "yes, they were." detective conigliaro probably abandoned that investigation when sloane brought joe to his attention. >> i have never ignored a lead, never.

there was a motorcycle that was recovered in doug's house, and it was stolen. but at no time was i aware that there was a connection between doug lawson and the suggs brothers. >> peter also questioned sloane about the transcript of the police recording. >> the state said that sloane and conigliaro had prepared the initial draft of the transcript. sloane said, "that's not true." she was given a draft version to work off of. >> as the manager of the sheriff's evidence department, doug lawson's father had apparently crossed a line during his son's murder investigation. >> mr. lawson candidly admitted that he had taken the "first crack" at deciphering the audio tape because he wanted to help. it was kind of like pulling three aces and two kings in a poker hand where you had to just

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>> joe martinez's retrial began on may 29th, 2001, under the watchful eyes of spanish reporters and politicians. >> the first day was -- they said, "we're no longer seeking the death penalty," and that was a shock to us. if i would have been anyone else sitting there that day without the support that i now had, they would have seeked the death penalty. >> to undermine the state's key piece of evidence against joe, defense attorney peter raben presented the court with his discoveries. >> my argument was that it was fundamentally unfair for an inaudible tape to be supplanted with a transcript that was not reliable.

the transcript was a concoction of what doug lawson's father thinks he heard on that tape recording. that draft was given months later to detective conigliaro and sloane. they basically read the transcript and said, "yeah, that could be right. and that could be right." >> there was a draft, but i i didn't know who did it. it was a couple pages, and i looked at it and said -- big "x." >> sloane and i sat there and wrote in what we remembered. >> and i would stop and play and have pad and paper, and that's all i did. >> we went through line by line -- there's absolutely no way that mr. lawson had any control over that. >> "the transcript was completely accurate." that's exactly what was said. >> and the judge rules that the tapes are inadmissible and that the transcripts are inadmissible. and it's like, "wow," you know?

this -- this is not happening. this is not real. >> the state's theory was some time after 5:01 on friday afternoon, joe went and killed doug and sherrie. >> on friday, october 27th, 1995, someone at sherrie and doug's house called the mother's house at 5:01, and it's a one-minute call. on friday night, sherrie does not appear at work, the answering machine and the caller id machine start picking up messages. that's the last time you will know for sure that they were alive. >> the problem with that is friday joe and sloane met, they made love. joe left her house around 4:00 o'clock and he said he was going to his brother's, which is nearby. >> joe's brother testified that joe arrived at his house at 5:00 p.m. there, he was also seen by

another witness at 6:50 p.m. >> the next thing we know is at 8:00 o'clock he is approximately an hour away, and joe's presence is accounted for the rest of the night. and for the whole weekend. between 4:00 o'clock and 5:00 o'clock is the only time we don't know where joe is. sherrie mccoy is alive. >> peter then challenged detective conigliaro's account that everyone in the surveillance van could clearly hear joe's conversation with sloane. >> when the other detective in the case said, "if it ain't on the tape i didn't hear it," i knew the door was shut on anything conigliaro said. and i thought to myself, "this party's over." >> near the courthouse, joe's ex-wife, sloane, waited for her turn to testify. >> i said, "they're gonna call you at the end. they just want to keep you out of this right now, 'cause they're going over all the other stuff."

then i got the call at home, where i was at. "it's over." "what do you mean it's over?" "he's walking." "what?" >> we, the jury, find as follows as to count 1 of the indictment the defendant is not guilty. we, the jury, find as follows as to count 2 of the indictment the defendant is not guilty. >> i'll never forget that day. i couldn't help but hug peter and tell him thank you. he's one of those guardian angels you need to have in your life. i didn't deserve to be on death row for three years. i didn't deserve to be incarcerated for five and a half years. i have a lot of horrible memories, and i'll never be the same person. >> the judge decides tape and transcript aren't gonna be used, the wife, key, is not called. what kind of case do i have? >> i gave the prosecutor those videos where sloane had spoken

in contrast to her trial testimony so that he knew that if you put her on the stand, i was gonna cut her off at the knees. >> i wasn't recanting. i questioned it because whether he did it, didn't do it, at that moment i didn't know. i mean, it was such a horrible crime. but my thought also was he wasn't alone. >> sloane did struggle with >> sloane did struggle with this and i think the culmination all became a reality the day of his arrest. >> i didn't want to believe that was a possibility. he showed up. he's skiddish. and i said, did you kill them? did you hurt them? and he looked at me. and i went crazy and called him a monster. >> you're monster! >> i knew right then and there, that was it.

it was in his eyes, his body language, everything. the fear, the loss. that dead look i kept seeing in his eyes. >> the koug lawson had a list of names and telephone numbers. it could be people that he socialized with, people that he peddled merchandise to. his number was on there. we know doug liked to throw around small amounts of marijuana and he would sell some to make some money. it is very possible and plausible that he sold it to joe. it's possible. but no concrete evidence that i had could prove that.

>> i've never been inside that house. there is nobody that could say that they had ever seen me with this person outside the work environment. >> joe is a cheater and a liar. >> i had no association with doug lawson whatsoever. >> i know he's a guilty man. to the last breath of my body, i will always say that. he wanted a man cave in our new home. but she wanted to be close to nature.

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. it is very easy to become an american citizen but i didn't want to try to beat the standard. i would have been released if wasn't for the support i received from spain. >> shortly after joe was acquitted, he left the united states for spain where he was greeted with a herhero's welcom. today joe tours the world as an advocate for the abolition of the death penalty.

>> the one thing do i know about joe, his conscience whatever is left of it, does bother him. that's why he goes out of the way to help those he can. there are really innocent people out there. but this doesn't go away. two people died. their lives are over. >> i'm not here to judge anyone. sloane was not a good person. her intention was that i would not see my daughters. that i would not ever be with laura. >> was i vindictive and angry? yes. did i make up that he murdered people? no. >> when the judge made the decision to leave out the transcript, i kind of understood. but there is absolutely no

reason why you can't have a jury sit and listen to that conversation on the tape and let them make up their mind. >> i guess you always have a little bit of doubt. i still believe in my mind, 99%. there was the transcript of the audio which can, if i remember right, not too many people looked at that. we played it back three, four times just to make sure we were hearing what we were hearing.

>> this will haunt you the rest of your life. and you'll never forgive yourself. >> guilty. >> guilty. i heard what i heard before. i'm not wrong after all these years. >> it's funny how to kid stopped crying just perfect timing for him to say, time one that did this. it is just too clear. too clear. part of me thinks that maybe if we had said life in prison, maybe he wouldn't be out. >> it is a crying shame for the families. both the mccoys and the lawsons. >> very little is fact and truth. whoever tells best story wins.

// on this episode of "death row stories --" >> a woman found raped and murdered. >> high on amphetamine and alcohol. >> lies to police and seals his fate. >> he talked himself into a murder charge. >> nicholas was his own worst enemy. >> sentenced to death, only science can save his life. >> i read about dna testing. >> he knew it. >> but a life of crime haunts his appeals. >> i felt guilty for who i was but i wasn't