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Dateline NBC 2016 Clarence Elkins Crime (MUST WATCH) — Transcript

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0:01[Music]
0:11barberton Ohio this suburb of Akron was
0:15once known as Magic City USA a shining
0:18example of America's economic might but
0:21not anymore barberton is kind of a Rust
0:26Belt City blue-collar hard-working kind
0:30of the town that seen better days and
0:33trying to redefine himself in many ways
0:36but still struggling to do so because of
0:38a poor economy hard times can breed
0:41cruelty and violence the children of
0:44Summit Street were not spared one young
0:47life here was completely shattered
0:49[Music]
1:02in the early morning hours six-year-old
1:05Brooks Sutton made a horrific discovery
1:07at her grandmother's house she fled the
1:09scene and ran two doors down I went to
1:14the neighbor's house for help it was
1:18like my really good friends when i
1:19played with every day
1:29and I hear banging on the door and it's
1:32kind of like you're in that dream but
1:34you just think some ways knocking it's
1:35like a distance so I got him answer the
1:38door the sight that greeted Tonio Brazil
1:42and her three daughters was truly
1:44shocking I remember her standing there
1:46and her cheek was all swollen bruised up
1:49and she had blood everywhere and just
1:51crying saying that like she was she got
1:54hurt I was like what's wrong baby she
1:57said please help me she just kept saying
1:59please help me and I told her my grandma
2:05was dead and that I needed a ride to my
2:08house Tonya had Brooke wait outside with
2:13her daughters as she collected herself
2:15she decided it was best to drive the
2:18terrified child home to her parents i
2:21remember it was eight o'clock on the dot
2:23and I come down and I opened the door
2:25Brooke was really wide eyed and she had
2:31my mom's pink silk nightgown on and it
2:33was covered in blood and she's just look
2:38really frazzled and scared and I told
2:42her I was dead she woke my dad up and
2:48sends to check on her Brooks father
2:52David Sutton discovered the daughter
2:54Judy Johnson's home unlocked and in the
2:57living room he found her facedown in a
2:59pool of blood
3:06instead our girls spent the night here
3:09in the neighborhood elements that my
3:12mother-in-law was laying on the floor
3:13and I come up here and she's right here
3:15on the floor his frantic cold summoned
3:19the police to a gruesome scene the
3:25attack on Judy Johnson was very violent
3:28very fierce lots of trauma lots of
3:32wounds were inflicted she had injuries
3:35to her face involving both the right
3:38side and left side of her face including
3:40breaking the bones of her skull that are
3:42around the right eye investigators
3:45discovered that Judy was in fact
3:47bludgeoned not stamped as her son-in-law
3:49had reported Judy Johnson sustained
3:54multiple blunt-force injuries or blows
3:57to her body some of them are pattern
4:00injuries where the bruise is actually
4:02sort of rectangular so maybe it's an
4:04object like baseball bats lead pipes the
4:09evidence began to paint an ugly picture
4:11of how the murder unfolded
4:13the altercation with the assailant
4:16started and they moved through the room
4:18ending up close to this living room
4:21chair the bulk of the wounds seem to be
4:24related to this chair because that's
4:26where a lot of the blood evidence is at
4:30some point she had perhaps been bent
4:32over the chair and her head had been
4:34wrenched backward closer examination
4:37revealed there was trauma which suggests
4:39the penetration the defensive wounds on
4:43Judy's hands told how she'd fought back
4:46she certainly struggled with her
4:49attacker because she has torn
4:51fingernails in her attempt to
4:53counter-attack the assailant it was a
4:56terrible fate for someone all described
4:58as a generous and caring woman I'm Judy
5:01actually was at my house a lot we'll
5:04come over and have coffee and we went to
5:06bingo and stuff together she was a
5:07really good person I love Judi I just
5:10felt love denying because I was always
5:12around her and she did everything for me
5:16while they continued to examine the
5:19scene detectives interview the child who
5:21first discovered the body
5:22[Music]
5:24I just remember a bunch of cops and
5:27ambulance and detectives and everybody
5:30come in and talk to me and I didn't
5:34really comprehend what was going on
5:36Brooke tote has story we went to my
5:42cousin's birthday party and I didn't
5:46want to go home so I asked my grandma if
5:48I could stay the night when we got home
5:51I got in my pajamas we sat down and
5:54watch TV and after her show was over she
5:59took me in I went to sleep but sometime
6:09in the night she woke to the sound of
6:11screaming I didn't know what was going
6:16on so I ran out of the bedroom a man was
6:19standing over her I got scared and ran
6:23back to the bedroom I'm assuming he
6:27heard me and came back to the room I was
6:32under the covers I was hit with
6:36something because I got knocked out I
6:40remember waking up in the middle of
6:43night naked Brooke dressed herself then
6:46headed for the living room you see my
6:51grandma laying on the floor puking up
6:54blood and I started blacking out again
7:00[Music]
7:02she next regained consciousness at
7:05daybreak and tried to wake Judy up I
7:08knew she is hurt but I thought she was
7:12still alive so I kept trying to shake
7:14her and she wouldn't respond to me
7:19failing to revive her grandmother Brooke
7:22tried desperately to get help by phone
7:25and I called my friend from school and I
7:30left message on her phone I had anyone
7:33think to call the cops or anything like
7:36that when no one answered she ran two
7:58doors down to the home of her three best
8:00friends she was crying like I don't know
8:04she just was a mess she definitely
8:07looked like she was in pain and we just
8:10ran to the car she said that her firm
8:13omelet at the bottom of the hill so we
8:16went there Brooke was then encouraged to
8:19provide the critical details about what
8:21she saw that night so I pertained to go
8:26on and ask her if she knew who hurt her
8:29grandma
8:30her voice message said somebody killed
8:33her grandmother but the traumatized
8:35child had since put a face to the
8:37assailant and I said it looked like my
8:40uncle Clarence as soon as I open the
8:42door she grabbed me by my waist and she
8:44was like my uncle Clarence killed my
8:46grandma that's all she kept saying the
8:48whole time she was there Brooks uncle
8:53Clarence Elkins was married to April's
8:55sister Melinda he was a 35 year old
8:58metal press operator police raced
9:01towards his home 40 minutes away if
9:04Elkins was the killer they needed to
9:06catch him before he disappeared
9:09[Music]
9:14Judy Johnson had been brutally raped and
9:17murdered in her home the six year old
9:21granddaughter saw it happen and was also
9:23attacked
9:24police moved in on the man brooke
9:27identified as the killer her uncle
9:29Clarence Elkins
9:35deputies were telling me to stop and
9:38turn around and put my hands in the air
9:41Clarence's wife and son looked on in
9:43disbelief and I'm telling him tell me
9:48what's going on the deputy sheriff says
9:51Barberton Police Department got a report
9:54that my mother had been stabbed in her
9:58home I had no clue what was going on and
10:03they told me that my mother-in-law had
10:06been murdered and I was suspect and that
10:10there was an eyewitness allegedly
10:12claiming that I was the perpetrator of
10:16this crime I was speechless I remember
10:23screaming as loud as I could because it
10:25hurt physically hurt
10:29it was a very horrifying experience
10:36the worst day of my life june seventh
10:401998 Clarence Elkins was arrested for
10:47one of the worst crimes barberton had
10:49ever seen I've never been in you know
10:52trouble with the law I was willing to do
10:55anything to help the police barberton
10:57police was typical small-town Police
10:59Department murders like what happened to
11:01Judy Johnson don't come along very often
11:03word of the crime spread quickly through
11:06the close-knit community as Clarence was
11:10held in custody more shocking details of
11:13the attack came to light medical
11:17examinations revealed six-year-old
11:18Brooke had also been sexually assaulted
11:22I just remembered that I was under the
11:25covers and I got knocked out was
11:29unconscious I mean after everything that
11:32that's really what got me was knowing
11:35that she had been sexually assaulted and
11:37raped as police interviewed Judy's
11:41family and neighbors rumors of past
11:43tension between her and Clarence
11:45serviced while Clarence and my mom did
11:47have a couple problems in the past they
11:51had had a couple arguments but the prime
11:55suspect denied any serious lift and
11:57offered an alibi for the night of the
11:59murder telling detectives he was at a
12:01local bar and I was air for a beer or
12:04two and went to another bar for I think
12:08I drink one beer and then I come back
12:10home he said at two thirty in the
12:13morning his wife Melinda was still awake
12:17my son Brandon was not feeling well
12:19running a fever had a bad stomachache
12:21then Clarence came home I just said you
12:25know just go to bed yeah I went to bed
12:29about 250 am investigators contend
12:35Clarence had at least a three hour
12:37window to get up drive 40 minutes to the
12:39crime scene carry out the attacks and
12:42return home before dawn they all found
12:45Brooks story convincing and I said I
12:49have to play it my daughter she was
12:51there and certainly based on the girls
12:55statements people believed that he was
12:57guilty of what he was accused of door
12:59[Applause]
13:03Clarence Elkins went to trial charged
13:06with the rape and murder of Judy Johnson
13:08along with the sexual assault and
13:10attempted murder of her granddaughter
13:12Brook Sutton Clarence Elkins was few
13:15generally as an evil man I mean who
13:18would think that someone would want to
13:20brutally rape and murder their
13:21mother-in-law and beat and rape they're
13:25nice Elkins lawyer was acutely aware of
13:28what was at stake if you take the
13:30gruesomeness of this thing and you take
13:32all of the violence to this woman would
13:34happen to the child you put all those
13:36things together under Ohio law then you
13:39must consider the death penalty the
13:42prosecution was able to convince the
13:44jury that Clarence had a window of
13:45opportunity for the crime and produced
13:48witnesses who claimed he had problems
13:50with Judy I couldn't believe that they
13:56were allowed to say these types of
13:58things about me in a courtroom and went
14:01knowingly that they weren't true
14:05there was no physical evidence linking
14:08Clarence Elkins to the scene but when
14:10Brooke Sutton took the stand none of
14:13that mattered Brooke was a crime victim
14:15there is no question about that she was
14:18a young baby faced child who the whole
14:22community embraced for the horror of
14:24what she had to go through when Brooke
14:26was on the stand she straight looked at
14:29Clarence and said I seen him when you
14:31punched me who's not gonna believe her
14:34when she says that she has no reason to
14:38lie what she gained from it and then you
14:43have to a couple psychologists coming in
14:45who identify post-traumatic stress
14:48syndrome the child told them who was the
14:51perpetrator of this crime and it just
14:54adds adds fuel to the fire I didn't feel
14:58that it was coming from her I did not
15:00believe that she was saying this it took
15:04the jury just 13 hours to decide
15:07Clarence's fate he was found not guilty
15:09of aggravated murder so when the judge
15:14read the verdict for a brief second
15:18everybody was like yes and the judge
15:21said I'm not done
15:24and he started reading off for the
15:28lesser charge of murder guilty the rape
15:32charge guilty the assault on Brooke
15:35guilty
15:40I was numb I couldn't say nothing
15:44because it my son's guilty of murder it
15:49can't be I knew damn well that Clarence
15:55was not capable of attacking my mother
16:00there's just no way
16:02it was like my life was over because
16:05there's no one else to trust there's no
16:08one else to believe I didn't get to say
16:11goodbye to my son's or Melinda my
16:15parents they don't give you time with
16:18your family your loved ones after you've
16:22been found guilty no and I really felt
16:25bad for mrs. Johnson and the awful crime
16:31that was committed with her it was
16:34terrible but I know to our son didn't do
16:37it and from the get-go Clarence was I
16:40didn't do this I had no involvement in
16:42her death he was very adamant about his
16:44innocence clarins was sentenced to life
16:52in prison branded as a child molester
16:54the worst kind of criminal they labeled
16:58me as a sex offender shipped me off to a
17:02sex offender prison and I'm there for
17:06something I didn't do and I'm there for
17:08these heinous crimes all right what's
17:12next what's gonna happen to me here is
17:15this the end for me or not but if
17:18Clarence Elkins was innocent it meant
17:21the real killer was still stalking the
17:23streets and the children of barberton
17:25were not safe incarceration proved
17:30terrifying for the man who claimed he
17:32committed no crime barricading myself
17:37nighttime wedding everything down with
17:40water believing someone might try to
17:43burn me alive in the middle of the night
17:45all these things go through your mind
17:48every day Clarence's family also
17:51suffered
17:53they were forced to move and his young
17:55sons faced a grim future I didn't see us
17:59surviving this at that time I was just
18:03wasn't very hopeful for anything
18:06suicidal thoughts for sure
18:08[Music]
18:10went from being just a normal child to
18:14not going out of the house feeling
18:16guilty do you have fun or laugh also in
18:20fear of my life and my mother's life
18:23amid feelings of grief anger and
18:25mistrust the extended family was forced
18:28to take sides melendez family believed
18:32Brooks believe the police so they
18:39abandon Melinda well now go into jail I
18:44quit talking to my aunt I quit talkin to
18:47my cousin's my whole family fell apart
18:52clarins filed an appeal but it was just
18:55as quickly rejected when that happened I
18:59just almost lost control and this went
19:03downhill mentally the visits from
19:07friends and loved ones only added to his
19:09despair very humiliating to go to a
19:13visit going in there and just seeing him
19:15in that environment you know I always
19:17tried my best to be there whenever I
19:20could for him but always worried that
19:24that he would see me you know as if i'm
19:28on a strong and then my family or
19:33friends leaving just not knowing that if
19:37i'll ever be able to spend a day or be
19:39there for birthdays and it's all gone
19:45that was probably the most difficult
19:47thing in my life
19:51the case seemed closed yet Clarence's
19:55wife and sons refuse to give up without
19:57a fight but without the police on their
20:00side they had to become their own
20:03detectives the family went about trying
20:06to figure out one proof Clarence's
20:10innocence and to find out who the real
20:11perpetrator is they took on what seemed
20:16an impossible challenge I first began by
20:22making a suspect list you know because I
20:24could not imagine anybody that I knew
20:28doing this to my mom into my niece given
20:32the fact that i felt that logistically
20:37that person was close in proximity
20:42meaning barberton they focused on anyone
20:46in Judy Johnson circle with a known
20:48record or anyone who may have exhibited
20:51suspicious behavior towards her
20:55the challenge became getting his DNA
20:59compounding the problem is getting his
21:01DNA without him knowing about it Melinda
21:03played a perilous game of cat and mouse
21:05with potential murderers flirting with
21:08him in bars if discovered collecting
21:10their DNA on the sly there was no
21:13telling how dangerous things could have
21:15become she was doing things that I was
21:19scared for her you know just going out
21:24and getting in these situations of
21:27getting hair and fingerprints and what
21:32what have you months went by and many
21:39samples were surreptitiously collected
21:41beer bottles cigarettes anything
21:44suspects could leave their traces on you
21:47know my mom's somehow she still had the
21:49strength to keep fighting for what was
21:50right but DNA analysis cost thousands of
21:54dollars the family didn't have in
21:57desperation they turned to the Ohio
21:59Innocence Project
22:05getting a DNA test result proving
22:07Clarence innocent is the strongest
22:09evidence you can possibly get but before
22:11ma Godsey could take on the family's
22:14investigation he conducted his own the
22:17first thing I did is looked at all the
22:19evidence and I was immediately taken by
22:21the case and thought this was an
22:23excellent prospect for the Innocence
22:24Project there were all types of in all
22:28categories of evidence that was just
22:30never processed you know you had a
22:34bloody handprint on the wall you had all
22:35these different things that could have
22:37been analyzed for DNA and fingerprints
22:41he found blood and tissue were recovered
22:44from under Judy Johnson's fingernails
22:46indicating she scratched her attacker
22:48yet when Clarence was arrested there
22:51wasn't a mark on it and while DNA
22:54evidence was collected from both Judy
22:56and Brooke none of it was ever compared
22:58to Clarence's DNA what's amazing to me
23:04looking at this case in hindsight is
23:06that you had no physical evidence
23:07connecting Clarence to the crime you had
23:09a six-year-old girl as the witness who
23:12anybody could understand this is shaky
23:14testimony because it was dark and she's
23:17young and she's on a great trauma she
23:19may never have had an authentic
23:22recollection after having been struck so
23:24hard
23:27who knows whether or not she would have
23:29had the wherewithal to make accurate
23:32identifications let alone be able to
23:35articulate them God see also discovered
23:38that Brooks account of her attacker
23:40changed between the time she ran to the
23:42neighbors and when she was questioned at
23:44home what's important to recognize is
23:47that Brooks very first statement was the
23:49phone message where she says somebody
23:51killed my grandmother and that's
23:53extremely telling there's no mention of
23:57her uncle somebody she said if she knew
24:02it was her uncle why say somebody even
24:05adult witnesses are very impressionable
24:07and could have their memories changed or
24:09they're not even aware it's changing
24:12this is what could have happened to
24:14Brooke at the time she said her
24:16grandmother had been stabbed it was the
24:20same account her father gave police upon
24:22discovering Judy Johnson's body yet Judy
24:30was bludgeoned not stabbed that Brooke
24:33repeated her father's mistake should
24:35have raised concerns at the time three
24:39years after Karen's Elkins was
24:41incarcerated it was time for the family
24:44torn apart by murder and suspicion to
24:47reconcile
24:50Melinda and I didn't talk for about
24:52three years and when I seen her I just
24:55really wanted to hug her and because I
24:57missed her and I love her and it's just
25:00hard you know cuz she lost her mom too
25:02and then she lost her husband cuz he
25:04went to Jo and then she left me in her
25:06knees and now Brooke told her aunt that
25:10she was never really sure who her
25:12attacker was
25:16they were asking questions about my
25:18uncle on I said I looked like him I just
25:22went from I look like him to oh my god
25:24Clarence I wasn't rolling me saying it
25:28was just everybody assuming it police
25:33and prosecutors would tell her what you
25:35told us before that you were certain so
25:37she felt sort of subtle pressures to
25:40stick with the story and to say it was
25:41certainly Clarence she would have been
25:45sensitive to the perceived wishes and
25:48expectations of whoever she's talking to
25:50and if they indicate that they think it
25:55was her uncle she may incorporate that
25:57information and provide it well now that
26:01I'm older I know that the police could
26:05have done a better job people shouldn't
26:07have been influencing me I just is known
26:12that he didn't do it the effort to free
26:16Clarence intensified when Brooke
26:18publicly withdrew her testimony would
26:21you say it was my uncle Clarence okay
26:25why did you say it was uncle Clarence
26:27because it looked like him but do you
26:31think so today no okay it was a major
26:36breakthrough that needed support with
26:38hard evidence we didn't have enough
26:40money to test everything from the crime
26:41scene we had to make strategic choices
26:43for the first time Clarence's DNA was
26:47compared to samples collected from the
26:49crime scene and the victims there was no
26:51match
26:54that was huge I mean at that point we
26:57knew he was innocent and it became a
26:58matter of okay let's continue to build
27:00the case we proved it it was someone
27:05else but we didn't have a name yet we
27:09just knew that we were getting close we
27:12had a profile of whoever committed this
27:16crime we moved for a new trial and we
27:19said that based on this evidence proving
27:21clearance innocent a new trial should be
27:23granted and then his conviction should
27:24be vacated and he should be released and
27:26set free I remember where I was it's
27:34like when JFK was killed I remember
27:35where I was I was Kevin a cup coffee in
27:38the coffee shop somebody came up to me
27:40to hear about alkis but the district
27:43attorney thought Brooke had been
27:45manipulated into changing her story the
27:48decision came down denying our motion
27:50and saying that Clarence had to spend
27:53the rest of his life in prison we're
27:55like what you're she was overriding the
27:58fact that there were scientific evidence
28:00available to exclude Clarence and taking
28:06the fact that a six-year-old child was
28:07identifying him the craziest thing I
28:11ever heard in my entire life it
28:12ultimately comes down to I think they
28:14don't want to admit the mistakes been
28:15made I was beginning to think that I'm
28:18never gonna get out of this I'm never
28:20gonna be able to prove my innocence I
28:23was I was almost ready to believe that
28:26there was no hope
28:28Clarence languished in prison consumed
28:32by the question of whose DNA was
28:33recovered from his mother-in-law's home
28:35he had no idea just how close Judy's
28:39real killer was and our police let him
28:42slip right through their fingers
28:44[Music]
28:52even though his niece had recanted her
28:54testimony and DNA evidence indicated he
28:57was not the killer Clarence Elkins
28:59remained in prison for Brooke Sutton's
29:01rape and Judy Johnson's murder as the
29:05state refused to retry his case his only
29:08hope was to find the real perpetrator
29:10when we lost it became let's turn up the
29:13heat on trying to match this to an
29:14alternate suspect Clarence's family
29:17never gave up trying to find the
29:18assailant but their search went nowhere
29:21then four years into Clarence his
29:23sentence everything changed I would
29:27always check the paper and see if there
29:29was any kind of crimes that match what
29:32happened to my mom I picked up this
29:33newspaper article front-page news about
29:36giving this guy seven years for child
29:40rape the guy was Earl Mann a violent
29:44sexual offender with a long criminal
29:46history but that's not what startled
29:49Melinda what caught my attention was the
29:53name of his common-law wife who was the
29:56neighbor to my mom the woman was Tanya
30:01Brazil
30:03it was her house that Brooke run to
30:06after the attack her daughters Tasha
30:12misty and Selena were Brooks best
30:14friends their father Earl man had been
30:19jailed for sexually abusing them the
30:22first time that it happened I was real
30:25real little I only remember to the
30:33rapings it was before I went to school
30:35and then it was one night when my mom
30:37was at home and then he started touching
30:41me and that's when it escalated to the
30:44full blown out great if it was Earl man
30:51in Judy's house that terrible night it
30:53could answer a mystery that remained
30:55from when Brooke turned up at Tanya's
30:57door here you have this bloody beaten
31:01battered child on your door most people
31:04would say come in immediately I'm gonna
31:07call 911 I'm gonna put a blanket around
31:08you you know instead Tanya slammed the
31:11door she left me sitting out on the
31:13porch for like 45 minutes she wasn't
31:16allowed inside so we had to stay outside
31:19there was speculation tanya was buying
31:22time to warn or protect her common-law
31:24boyfriend
31:27after the murder tanya sent all three of
31:30her girls to live with their
31:31grandparents in another town something
31:35that was never fully explained at the
31:36time why would we have to be sent away
31:41why would we have to leave our family
31:44and where we were growing up in our
31:47school and if you didn't think it was
31:50him but intrigued isn't evidence the
31:57investigation continued
32:01I got on this Ohio offender search and I
32:06found out that he actually was housed in
32:09the same prison that Clarence was in and
32:13I thought wow
32:18yeah Earl Mann was a really bad person
32:21from what Melinda had told me and lo and
32:23behold he was in the same block as I was
32:26he had committed these terrible crimes
32:29against these children he fit the
32:33profile he was a really nasty person I
32:38came to find out personally he was sort
32:44of what they call a loner and their
32:46people didn't want to be around him
32:48because he done the unthinkable was
32:52Clarence now face to face with the
32:54cold-blooded killer and rapist of his
32:56relatives I was trying to think of how I
33:01could get some DNA from this individual
33:04he began the task of getting close to a
33:07dangerous psychopath
33:10waiting for an opportunity to steal
33:12something with his genetic markers on it
33:14I was nervous for for my dad's sake you
33:20know I didn't know what old man knew
33:22that we did was concerned for my dad
33:24safety bro man started to make small
33:28talk with me and now I started to wonder
33:32why is this guy following me
33:39meanwhile Melinda was also on the hunt
33:42for Earl man's DNA I decided that I
33:45would write him Vic Tisha's letters
33:49pretending to be a pen pal a lonely girl
33:54that you know likes to write two
33:56prisoners and use scented stationery and
34:00sometimes a lipstick kiss on the bottom
34:04of the letter which absolutely made me
34:07nauseous but I wanted to get his
34:10attention because if he would write me
34:12back and look the envelope then I'd have
34:14his DNA
34:16[Music]
34:17but man didn't take the bait the letters
34:21went unanswered Melinda's plan failed it
34:25was all up to Clarence after
34:29nerve-racking months spent tracking his
34:31nemesis Terrence's chance finally came
34:35this one day in the summer of two
34:38thousand five I've seen her oh man
34:41putting a cigarette butt down on
34:42makeshift ashtray I got some clean
34:48tissue paper and and picked the
34:51cigarette butt out of the makeshift ash
34:53trade
34:57Clarence send the evidence to his lawyer
34:59for DNA testing if he got the result he
35:02wanted he could be a free man if not he
35:06would remain behind bars for the rest of
35:08his life as he waited and hoped he
35:12learned firsthand just how violent oh
35:14man was we're sitting a little table man
35:21strut another inmate with the lock in a
35:24sock right in front of me I can't
35:30believe what I see and if man found out
35:34what Clarence had done there was no
35:36doubt a worse fate awaited him it could
35:39have been me
35:40[Music]
35:44six years had passed since Clarence
35:47Elkins was convicted of rape and murder
35:49through stealth and courage he may have
35:51found a way to convict a fellow prisoner
35:53he believed was the real killer and he
35:56was able to pick up a cigarette butt on
35:58the sly mail it to the lab and I know of
36:01no other case where the wrongfully
36:03convicted person himself is the one that
36:05participated as his own detective with
36:07bated breath Clarence his friends and
36:09loved ones awaited the results after
36:12what seemed like an eternity news came
36:14and it came back an earl man's DNA
36:16matched the DNA from the crime scene is
36:21probably one of the happiest days of my
36:23life a skeptical DA's office carried out
36:28its own tests on the DNA and came to the
36:30same conclusion there was no doubt old
36:33man committed these terrible crimes the
36:36summit county prosecutors began
36:37interrogating him and Polly grabbing him
36:39man adamantly denied any involvement did
36:43you take any part in killing Judith
36:45Johnson I want to pass this test because
36:50I didn't do this no I'm saying it is
36:53hard for me to have seen it dead the
36:57evidence against man was irrefutable
37:00incredibly the state of Ohio still
37:03refused to declare Clarence Elkins
37:04innocent but the Attorney General
37:07himself intervened that they will be
37:09petitioning for the immediate release of
37:11Clarence Elkins and her dismissal of all
37:13charges the whole concept of the justice
37:16system is to seek justice and I think
37:19this is one instance where it is really
37:20worked seven years late but has worked
37:23to Albany arrive at a just conclusion
37:27ultimately on December 15th we learned
37:30that they were willing to drop the
37:31charges against Clarence I didn't think
37:32it was real like the day I got arrested
37:35I was kind of Numb it's not computing
37:40what was happening
37:42[Music]
37:46Clarence Elkins finally walked free
37:49after almost seven and a half years
37:51there to greet him was the young girl
37:53whose words sent him to prison in the
37:55first place I was afraid that he was
37:59gonna hate me but he walked on the
38:03prison doors and was one of the first
38:07ones he gave a hug she was the daughter
38:10I'd that I didn't have she was just a
38:14sweetheart of a child and and I've never
38:18had any resentment towards her I'm very
38:21proud of everyone he step forward on my
38:24behalf for justice to Hyundais after
38:37Clarence's exoneration oh man faced
38:40justice for the grandmother he murdered
38:42and the child he raped oh man stood up
38:46in court and admitted what he did guilty
38:52to stand in the courtroom and see Earl
38:56man plead guilty very satisfying I think
39:02it was an opportunity for Melinda and
39:04for Clarence to finally have their
39:06moment you know have their closure if
39:08you want to use that word I think you
39:10are such a coward I was only six years
39:12old what could I have done to you what
39:15could my grandma have done to you and I
39:19think it was finally at that point where
39:21it was total vindication for the Elkins
39:23family waiting ten years he got what he
39:32had coming in a stunning twist the
39:36Elkins family discovered that shortly
39:38after the murder the police had arrested
39:40man for yet another crime he was picked
39:43up on a burglary and he made a statement
39:47to the police that he thought he was
39:51being arrested for the murder of Judith
39:53Johnson at the time the arresting
39:56officer noted man's tacit confession but
39:59it's unclear why it was disregarded I
40:03think in that exemplifies the blinders
40:06of the department put on they had their
40:08man they had their suspect they had
40:10their eyewitness and they went with it
40:12regardless of anything else that we
40:14might have been out on the fringe man's
40:17guilty plea meant there was no official
40:19account of what happened that night but
40:21in a letter he claimed he was on the run
40:23from a halfway house and that his
40:25initial motive was robbery
40:28I knocked on the door once and mrs.
40:32Johnson answered my knock fairly quickly
40:34we went straight into her kitchen and
40:36sat down at the table it was there in
40:39the kitchen where the attack began and
40:42came to an end in the living room at the
40:46time I had no idea that Brooke was there
40:49for the night in the next room he wrote
40:53that after the crime he hid at her
40:54friends then went to see Tanya Brazil
40:57after Brooke had been driven home she
40:59immediately accused him I don't think
41:02the door was locked he had just came in
41:04and when I was like what did you do the
41:06first thing Tanya said was that Judy was
41:09killed last night and I tried to act
41:11stunned or shocked at the news she gave
41:14me Tanya further stated we thought you
41:17did it I turned her and looked with
41:20anger and said what if Tanya believed
41:23ill man was guilty it could explain
41:25claims that she influenced Brooke
41:27identifying the killer as uncle Clarence
41:29rather than somebody
41:36the astonishing coincidence that the
41:39first adult to whom brooke has an
41:42extended conversation is the partner of
41:45the actual culprit I think my mom kind
41:51of forced it in her head and she said
41:54well do you know him killed your grandma
41:56and I said it looked like my uncle
41:58Clarence the blood and the mayhem in the
42:02distress that she can see on the basis
42:05of Brooks appearance if she connects
42:08that even with the possibility that her
42:11partner may have been responsible for it
42:14even unconsciously she might try to
42:17deflect brook or to propose an
42:22alternative culprit my mom's like oh yes
42:25guess it was him it was him like kind of
42:27like putting that in her mind that it
42:29was her uncle and then I got to my moms
42:32and it was Oh Clarence killed Judy Tonya
42:38strongly disagrees and insists she was
42:41there to help well I don't care what
42:43they say I know that I'm telling the
42:44truth so I don't care what anybody
42:46thinks Brooks came to my door she said
42:49please help me my grandma's dead my
42:51uncle Clarence build my grandma my uncle
42:53clearance go my grandma I don't have no
42:55reason to lie about it Tanya also denies
42:59any suggestion from her children Brooke
43:01and the others that she left Brooke
43:03outside for 45 minutes all that she was
43:05in any way covering for Earl man at the
43:08time
43:11I was not protecting Earl Earl was not
43:13in my house I have nothing to hide I
43:16have not been with that man in years God
43:18was there with me and God knows that I
43:21did right oh man is currently serving a
43:24term of 55 years to life for his crimes
43:27I have a lot of hatred toward him that's
43:30one thing I've been struggling with like
43:33he's my father but I still hate him and
43:36I'll have memory of him I choose not to
43:39I just feel like if someone would have
43:43came to us first sup have been different
43:45with the oaken's case in several
43:49lawsuits Clarence Elkins received over
43:52four million dollars as compensation for
43:54his wrongful conviction but the long
43:56ordeal took a toll on his family his
43:59marriage to Melinda did not survive they
44:02were both so adamant on fixing the
44:06problem at hand that they kind of grew
44:08apart you know as far as their marriage
44:11went both have since remarried Molly
44:14Elkins is helping parents move forward
44:17with his life sad so sad for him he
44:24didn't deserve it you know he's he's
44:26just such a special person he's one of
44:30the kindest people and most genuine
44:32people I've ever met in my life and it's
44:34just so sad that happens to somebody
44:43inevitably the wounds are hard to heal
44:46and dark memories remain and there was
44:49many sleepless nights many tears yes I
44:56don't want to dwell on it I want to
44:58think about it I want to move on
45:02experiencing being wrongfully
45:04incarcerated and I'm seven and a half
45:06years one day is too long to be
45:10wrongfully incarcerated in next week's
45:18brand new I didn't do it

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