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tv   Nightline  ABC  May 7, 2022 12:37am-1:06am PDT

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♪ this is "nightline." >> tonight, false confession. a little girl's murder. >> she suffered seven stab wounds in the neck. >> the prime suspect, a 12-year-old boy, interrogated for 80 minutes alone. >> you stabbed her in the woods. could you just say yes or no? >> yes. wait, no. >> was the confession coerced? >> why did you confess to this? >> i was confused. i did not kill devan. >> john quinones tracking this more than 20 years as the boy journeyed to manhood and to justice. >> is this something you want to forget? >> i don't want to forget. i want to be able to move forward from it.
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it was a violent crime, but what happened next was also horrific. anthony harris, just a boy, convicted of a crime he did not commit. abc's john quinones first talked to anthony as a child and has followed his story for more than 20 years.
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>> devin was a 5-year-old who was full of life, full of energy. happy. definitely happy. spoiled. spoiled little girl. >> when devin's family moved into that apartment in front of us, my mother and her mother became friends. >> i'd sometimes help her draw, help her paint. she was like a sister to me. >> devin was living in new philadelphia in an apartment complex with her mother and her brother, dylan. >> when he got home and she went outside to play, everything was fine. >> it was around 2:00 p.m. when laurie dunham realized her daughter isn't where she thinks she should be. >> i got to the house, i noticed devin's mom was outside looking,
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calling for her, asking for her. >> this was about probably 2:05, somewhere around there. anthony at that point was coming from the woods. >> she had asked me if i could help look for devin, and she gave me 5 bucks. okay, well $5 to a 12-year-old kid is a lot. i was searching for my heart. i mean, she was 5 years old. she had no reason being away from home. we did that for a few hours. and then we stopped because a major storm was going to blow in. >> june 27th, 1998, i answered the phone. and a hysterical female was reporting her 5-year-old daughter missing. >> the community really pulled together, and it was amazing, actually. i don't know the exact number for saturday night, but i think it was like around 400 to 450 people that were searching.
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>> we've been here for a couple of hours, and we've searched the pond three times. nothing's up. >> they told us she was wearing red shorts and a green shirt. when we went into the woods, we was moving toward the apartment where she lived at. i approached the bushes. i could see her red shorts. i just said, oh my god, oh my god. i found her, call 911. >> authorities say there are no blatant signs of trauma, she was fully clothed. >> reporter: but the coroner would inform police that devan was, in fact, murdered. >> i remember he said it appeared to him she had been chased in this area, it appeared that she had been knocked down. stabbed. and died where we found her.
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>> it turns out she suffered seven stab wounds in the neck. >> this whole town is grieving and hoping the killer is caught. >> reporter: as in most cases, detectives start by looking at devan's parents. then at dylan, her brother. police also focus on laurie's ex-boyfriend and a sex offender who lived in the area. all were cleared as persons of interest. >> then you had the neighbor, anthony harris. >> reporter: as lead detective urban tries to piece together the timeline, he learns that devan was last seen headed towards the boots around 1:45 p.m., around the same time young anthony harris, devan's neighbor, told police he was in that area. >> i took my neighbor's trash out for them. i help people when they ask. i do things that please people. >> while talking to anthony, police noticed anthony was inconsistent with the time he arrived home and how he arrived home on the day devan went missing.
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>> reporter: police begin to zero in on anthony. questioning him in a room without his mother. >> i felt like i was in a maze, couldn't find a way out. >> reporter: police chief thomas vaughn of millersburg, ohio, was tapped to question anthony. >> you're sorry you did this, aren't you? you didn't mean to kill her did you? >> i didn't. >> i think that both of us know that something happened out there. >> investigators had collected anthony's clothing for testing. but at this point, it's very important to note, they do not have any physical evidence linking anthony to devan's murder. >> reporter: the interrogation becomes more and more intense. and anthony starts telling chief vaughn what he wants to hear. >> you know how many times you stabbed her? >> um -- >> more than once? five or six times? >> uh -- >> once or twice?
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>> reporter: until finally anthony breaks down and admits to killing devan. >> you stabbed her in the woods, just say yes or no. >> yes. wait, no. >> anthony's mother is on t other side of the glass with detective urban, but neither can hear what's being said. >> you established her twice? i need you to say yes or no for me. >> yes. >> can you write a statement out for me as to what happened? >> i'll try, try to. >> do you have any questions? let me know and we'll talk about it. >> anthony, please tell me the truth. look at me. look at me. did you kill devan? >> no. >> why did you tell him, anthony? i don't understand. why would you tell him these thing if they're not true?
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>> some of the questions are too hard. >> man that day was such a bad day. the mother and i were together one last time and we were crying, i'm in her arms asking to go home. yeah, oh my goodness, that one hurt. oh god, it hurt. >> she hold on to you? >> yeah. >> you held on to each other? >> yeah, we did, just this puddle of tears. >> reporter: even when the police officer thought that anthony had confessed, when he turned to you, anthony didn't confess, he denied it? >> you've got a 12-year-old child sitting in a room, taught to respect authority, that the police are good. >> it was immediately after the confession of anthony harris, the district attorney said, he's confessed, let's arrest him. >> police say that you killed this little girl. >> yes. >> what do you say? >> i didn't. >> song and prayer filled the square as 70 people of all races
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and ages gathered in new philadelphia in support of anthony harris. >> definitely this trial would have been page one news, top story. >> reporter: during the first few weeks of the trial, anthony's lawyer, taryn hale, filed a motion to throw out the confession. >> the defense wanted to make sure that every aspect of that confession was considered. he was alone? did we have an attorney? was he read miranda rights? was he coerced? he was 12. >> we filed a motion, it was denied. >> confession is in. what do you do now? >> in ohio, for juveniles, it's decided by a judge. not a jury. >> it seemed like the prosecution didn't have a whole lot. it was the confession. you have no murder weapon. you don't have eyewitnesses. you don't have conclusive dna evidence. >> taryn hale said it best.
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a 12-year-old can't make a peanut butter and jelly sandwich without making a mess, let alone commit murder. >> all right. anthony, i'd like you to stand up until i'm finished speaking, please. based upon the evidence that's presented to me, anthony, i do find that the state has proven beyond a reasonable doubt that on june 27th, 1998, you did purposely cause the death of devan duniver. i don't know, anthony -- what benevolence has filled your soul when this took place. >> one week later, anthony harris was sentenced to the max. >> she asked anthony if he had any comment. and i was so proud when he said, "your honor, i did not do it."
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when "nightline" returns -- >> when you hear that someone confessed to a crime, i think the automatic response of most people is, they're guilty. the reality is very different. >> the fight to free anthony. >> how did they get you to confess? >> basically it was a trick. good checkup? no, great checkup. aw, thank you, doc. for great checkups, crest has you covered... because crest pro-health protects 100% of your mouth for 24 hours. i mean we're talking dental hall of fame. now, from crest pro-health new densify. like bones, your teeth lose density overtime. but, crest has you covered. crest densify... actively rebuilds tooth density to extend the life of teeth. crest. the #1 toothpaste brand in america. lactaid is 100% real milk, just without the lactose. tastes great in our iced coffees too. which makes waking up at 5 a.m. to milk the cows
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♪ a former new philadelphia boy has been found guilty of killing a 5-year-old girl. anthony harris was sentenced today for the june stabbing death of devan duniver.
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>> reporter: at 12 years old, anthony harris is tried and later convicted for the murder of 5-year-old devan duniver, based on a confession his lawyers say was coerced. >> right after the trial, i went to see him and i said, do not let the system get to you. they want you to fail. they want you to act up. don't let them win. >> reporter: taryn hale knew he would need high-powered assistance for the appeal, and that's why this small-town ohio lawyer goes to cleveland to find it. >> my very close friend and partner at the time, jeff murns, and i met with him. i remember saying to jeff after he left, if half of what taryn just told us is accurate, this is an amazing case. and it turned out, everything taryn said was accurate. >> defense attorneys are expected to allege errors made during harris' trial, specifically she erroneously allowed harris' taped confession
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to be allowed as evidence. >> there were miranda questions. we went further and challenged the confession. >> this was not just a confession extracted in violation of those due process rights, this was coercion. >> the first time i read the transcript of the interrogation that led to his confession, it dawned on me that what i was reading was the only evidence that supposedly established his guilt, and in fact for me, it established his innocence. >> when you hear that someone confessed to a crime, i think the automatic response of most people is, they're guilty, no one would confess to a murder if they didn't commit the murder. the reality is very different. and it's particularly different when you're talking about a kid. >> why did you say that you did? why did you confess to this? >> i don't know. i don't know. i don't know. >> you have to sort of put yourself in that locked room
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with that police officer who is cajoling a young kid with threats of punishment if he doesn't confess. with promises of leniency if he does confess. separated from his mother. respectful of authority. and scared to death. and it's not uncommon for young kids to confess to things they didn't do. >> how did they get you to confess? >> basically, it was a trick. you know, the investigator, he had basically told me that, if you confess to this murder, you can go home. it's like, okay, well, i'm over here scared, i want to go home. >> the individual who conducted this interrogation was a trained interrogator. he was trained by an organization called the john reid institute. >> through extended research and years of experience, john reid and associates has developed a
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nine-step interrogation process. >> the reid technique of interrogation used, effectively, what caused almost anyone to confess. >> they tell you, these techniques are so effective at extracting confessions that they should not be used on children, but they shouldn't even be used on adults unless you independently believe that adult actually is guilty. >> what did the interrogator, vaughn, look like to you, to a 12-year-old boy? >> he looked gentle. he was a monster. the pressure he put upon me was immense. so i took him as a threat. like the devil would have been in his skin. >> to a 12-year-old boy, this was the equivalent of a police officer taking a hammer out and saying, i'm going to hammer you on the hand until you confess to the bank robbery. of course, they didn't engage in that kind of physical coercion, but the mental and psychological pressure that they put on anthony was essentially the legal equivalent.
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>> it was a better part of a year, i think, before the appeal was concluded. >> we read the opinion as you can imagine, we were quite pleased. >> confession of a new philadelphia teenager convicted of murder has been thrown out. >> an ohio court of appeals says the confession of anthony harris was not voluntary. >> the court went further and said, yeah, this confession was absolutely unlawfully coerced from a young kid and can't be used in any retrial. >> of course, without that, they didn't have much. >> reporter: prosecutors did not retry the case. abc news reached out for comment to the judge from anthony's criminal trial. she did not respond. >> anthony, how are you feeling? >> these are 14-year-old anthony harris' first steps of freedom in a year and a half for the stabbing death of 5-year-old devan duniver in new philadelphia. >> i'm excited, he's coming
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home. that's all i keep saying, he's coming home. >> is this something you want to forget? >> i don't want to forget, i want to be able to move forward from it. >> there's no anger in your voice. >> no. i don't -- there's no sense to be bitter. even though it hurt a lot, but i'm just not -- it didn't destroy my core as a person. the things i believe in. the things i grew up to become, you know. that's why i don't hold resentment in my voice when i speak. >> three years after anthony harris was released, a civil lawsuit was filed on his behalf. >> his constitutional rights were violated by the way in which he was interrogated, the way in which he was arrested, and the way in which he was convicted. >> reporter: a $1.5 million settlement was reached with lead detective urban, chief vaughn, and the cities of new philadelphia and millersburg. three years later, the prosecutor in the case, amanda spies, and the county agreed to settle for $2.2 million.
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we reached out to amanda spies, thomas vaughn, and the new philadelphia police department with no response. jeff urban declined to comment. now in his mid-30s and a father himself, anthony has tried to move on. he joined the marines, serving in iraq and afghanistan. you wanted to serve your country? >> i did. after all this craziness, i still wanted to serve my country. >> what is anthony harris doing today? >> now i'm a u and r worker. >> of course. i think at 13, you were just a child. what goes through your mind when you see that? >> well -- part of my tears here, a little strong emotions -- >> i can certainly understand. >> i look at myself. i feel like i was just stuck.
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you know, that the world was just tearing me apart. and i just couldn't -- couldn't escape it. >> reporter: to this day, the killer of 5-year-old devan has never been caught. >> no one knows who killed her. could be anybody. could be someone we don't even know. but either way, they're still out there, free. the girl is dead. my life has been destroyed. and this guy, individual, is still free right now. >> we'll be right back. [ sleep app ] and the end. you have now reached the end of the sleep app. you're the first person to actually do that. now i want to say congratulations, but it's also disappointing. what do you mean? that's it? i've got nothing left. hey if i were you, i'd try warm milk. enough out of you! hi! oh go.. is this really helping? good days start with good nights, so you may want to talk to your doctor about both.
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that's "nightline" for this
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evening. see more of john quinones' "20/20" interview and where the case of the girl stands. thanks for the company, america. have a good and safe weekend.

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