12x19 - All Butt Certain
Posted: 01/19/24 07:54
Narrator: a child witnesses a
Brutal m*rder.
I had to point out my uncle.
They had a little -year-old
Girl who was saying it was her
Uncle clarence.
Case closed.
Narrator: years later, the
Girl recanted, but the courts
Wouldn't let him go.
Even dna wasn't enough.
Do they want me to hand them
The k*ller on a silver platter?
The k*ller on a silver platter? Okay, that's what we'll do.
Okay, that's what we'll do.
Narrator: june , , was a
Very hot night in
Barberton, ohio.
Hoping for a breeze, -year-old
Judy johnson left her front door
Ajar.
Sometime after midnight, her
Granddaughter brooke heard a
Commotion coming from the
Kitchen.
When she went to look, she saw a
Man b*ating her grandmother.
I was scared, so I ran back
To my grandma's room and covered
Up my head with a blanket.
Narrator: but the intruder
Followed her into the bedroom,
Knocked her unconscious,
Sexually assaulted her, and left
Her for dead.
Miraculously, brooke regained
Consciousness several hours
Later but found her grandmother
Later but found her grandmother dead.
Dead.
Brooke then ran to a neighbor's
House for help.
Incredibly, the neighbor made
Her wait outside.
Part of my left ear was
Missing, and my whole left check
Was swollen.
But she told me that her kids
Had to finish eating and she
Needed to get them dressed and
Everything, so she left me
Sitting out on her porch for
Like minutes.
Narrator: eventually, the
Neighbor drove brooke home.
Later that day, at the hospital,
Brooke gave police a description
Of her attacker.
He looked like my uncle.
He had dark hair.
He was about the same height.
And...i just --
That's the only person that I
Could think that he looked like.
Narrator: her uncle,
Clarence elkins, was the
Victim's son-in-law.
He lived about an hour's drive
Away and had no criminal record
And no history of v*olence.
His wife, melinda, couldn't
Believe that clarence would k*ll
Her mother.
I remember my reaction,
Distinctly, when he told me that
My mom had been m*rder*d.
I mean, I actually doubled over
In pain, you know, like, in a
Fetal position almost.
Narrator: clarence denied any
Involvement but was quickly
Taken into custody.
And I said to them, "yes, I
Am his wife, and, yes, I know
That some women do stand up for
Their man and lie for them, but
You're missing the biggest point
Here.
That was my mother, and I want
The person who did this to pay.
And I'm telling you right now it
Was not clarence."
Narrator: but police
Discovered that clarence might
Have had a motive to hurt
Judy johnson.
Their theory is that clarence
Has developed a hatred for his
Mother-in-law because the
Mother-in-law was allegedly
Interfering in his marriage with
Melinda.
There was a woman who said
She was judy's best friend,
Saying she was present when
Clarence elkins called judy
About a week before the m*rder
And threatened to k*ll her.
That's pretty damning stuff.
Narrator: police found no
Physical evidence linking
Clarence elkins to the m*rder,
But the eyewitness testimony
Placed him at the scene.
They asked me if I would
Point who hurt me and my grandma
Out, and...
I remember I had to spin around
In this little spinny seat, and
I had to point out my uncle.
For her to point at clarence
And say, "that's who did this to
Me," that was it.
That's all they needed.
Narrator: on june , ,
Clarence elkins was convicted of
First-degree m*rder and sexual
as*ault.
He was sentenced to years in
Prison.
I broke down. I collapsed.
I screamed.
I turned around to my sister,
And I said, "you know he didn't
Do this," and I collapsed.
And it was just so chaotic.
They had a little -year-old
Girl who was saying it was her
Uncle clarence.
Case closed.
Narrator: but brooke later
Said she wasn't sure what or who
She saw.
Narrator: based on the
Eyewitness testimony of a
-Year-old girl, clarence elkins
Was convicted of k*lling his
Mother-in-law and for the sexual
as*ault and attempted m*rder of
His niece.
The police, that very
Morning, searched clarence's car
For blood, for hair fibers, for
Different things.
Not a trace. The car was fine.
They searched his house, even to
The point of searching the
Drains of his shower for blood
And particles and things of that
Nature.
It came up completely clean.
Narrator: clarence's wife,
Melinda, was sure that her
Niece brooke was mistaken when
She identified clarence as the
Man who att*cked her.
After all, she was only a child
At the time and the house was
Dark.
Shocked.
I mean, to think that you can
Convict someone on i.d.
Testimony, let alone a
-Year-old child, with no
Physical evidence to back it
Up...
How can this happen?
Narrator: sure enough, four
Years after the m*rder,
Brooke sutton, now years old,
Recanted her testimony.
Do you think today that
Uncle clarence was the same man
You saw in the kitchen that
Night with your grandma?
No.
I just had always had doubts.
I knew I was wrong, because I
Put him in there and I wasn't
Positively sure.
Narrator: melinda petitioned
The court for a new trial and
Was denied.
So, melinda took matters into
Her own hands and decided to
Conduct her own investigation,
Creating a list of all known
Criminal offenders living near
Her mother's home.
I had started a suspect list
Shortly after my mom's m*rder.
I mean, I was trying to
Comprehend, who would do this to
My mom?
Who had access to her?
Who did she know?
Narrator: and she also sought
Help from an expert on wrongful
Convictions, martin yant.
Together, they pored over the
Case file and discovered some
Important pieces of information.
First, the witness who testified
Clarence elkins threatened
Judy johnson's life during a
Telephone call also claimed judy
Called to report the thr*at
To police.
But there was no evidence
Judy johnson ever called .
The call should have been
Logged.
It was obvious no such phone
Call had been made.
Narrator: and they also
Discovered that the coroner took
Vaginal swabs from judy johnson
During the autopsy.
On those swabs, lab tests found
A substance called
Acid phosphatase, an enzyme
Found in the male prostate
Gland.
But those swabs were never
Tested for dna.
To be fair, technology in
Forensic science is constantly
Improving.
Narrator: six years after the
m*rder, melinda elkins received
Permission from the court to
Test the swab taken from her
Mother's autopsy.
The forensic lab was able to
Identify a dna profile from that
Swab.
As melinda always claimed, the
Dna did not belong to
Clarence elkins.
We knew, at that point, that
Clarence elkins was innocent.
We didn't know the name of the
True perpetrator, but we knew
His dna profile.
Narrator: so, for the second
Time, melinda elkins petitioned
The court for a new trial.
Prosecutors argued that the dna
Results were unreliable since
The swab might have been
Contaminated.
And the judge agreed, refusing
To grant clarence a new trial.
And I was livid.
How dare they?
And do they want me to hand them
The k*ller on a silver platter?
Okay, that's what we'll do.
Narrator: so, now, melinda
Decided to take the next step.
She would conduct her own
Forensic investigation.
To learn how to go about it, she
Discovered the world of forensic
Television.
I think, initially, what
Attracted me to "forensic files"
Was when I first turned it on,
There was this big, loud voice
Of, you know, "m*rder in
Blah-blah town and
'Forensic files' investigates."
And I thought, "well, you know,
I'm gonna watch this."
I was learning how to gather
Dna, how to preserve it.
You know, there was a lot of
Different episodes that I
Watched that kind of put
Everything together.
Narrator: melinda decided to
Take her list of the convicted
Criminals living in her mother's
Neighborhood and surreptitiously
Collect their dna samples for
Testing.
She begins teaching herself
How to do investigations.
She watches shows like
"Forensic files," takes notes,
And starts putting that into
Practice, in terms of
Investigating suspects,
Collecting dna, all of the
Things that a private
Investigator would do.
Narrator: melinda followed
These men to local bars and
Restaurants to collect their
Dna from anything they might
Have left behind.
I would have to flirt with
These people.
I would get either a cigarette
Butt, or I've gotten their beer
Bottle.
I've gotten their drinking
Glass.
Narrator: using her own
Money and contributions
Solicited from her website,
Freeclarence.com, melinda hired
A private lab to test these
Items for dna.
Unfortunately, none of the
Samples match the dna found on
Her mother.
In the meantime, clarence elkins
Languished in jail.
She knew in her heart that
Her husband did not commit this
Crime.
And she was absolutely committed
To getting justice, not just for
Clarence, but for her mother.
Narrator: for years,
Clarence elkins sat in prison
For a crime he claimed he didn't
Do while his wife, melinda,
Worked continuously to free him.
So, she endured tremendous
Skepticism and insults along the
Way.
People feel that melinda was
Somehow some big publicity hog.
The prosecutors wanted to
Portray me as just as some dumb
Old hick from the country who
Is, you know, trying to get this
Publicity and have my name out
There and my face shown on tv as
Being my minutes of fame.
Narrator: then, one day,
Melinda picked up the morning
Newspaper and read an article
About earl mann, who had been
Convicted for sexually
Assaulting his three daughters.
I first wanted to look at
Earl mann's picture.
I went online under the
Ohio offender search, and I
Pulled up his picture.
And it was uncanny how clarence
And him looked so similar.
Narrator: but that wasn't
All.
Now melinda understood why her
Niece brooke sutton was forced
To sit outside the neighbor's
House for nearly an hour after
The att*ck --
Because the home belonged to
Earl mann and his common-law
Wife.
It was like a light bulb that
Went off in my head, and I'm
Thinking, "wow, is this too
Unreal or not?"
What would be a normal person's
Reaction to a child showing up
At your door saying your
Grandmother's been k*lled and
You're bloody and a mess?
What would your reaction be?
It wasn't what herreaction was,
Definitely.
We ended up getting the rap
Sheet of earl mann.
It was just pages and pages
Long.
And most of the things started
Off with the word "aggravated"
Beforehand, you know, a lot of
v*olence-type offenses.
Narrator: melinda now had a
Pretty good idea who committed
This crime, but she needed to
Find some way to prove it.
Using tricks she learned from
"Forensic files"...
Melinda first tried to get his
Saliva.
I started writing earl mann
Some letters.
I gave him a brief description
Of what I looked like, which is
Totally different than what I
Really look like and just that I
Was kind of a lonely person and
I was searching the web for pen
Pals.
But, you know, it was kind of
Sickening to me.
And what her objective there
Was, to see if she could get
Saliva on the envelope flap if
He were to write back to her.
What an amazing effort to try to
Get someone's dna.
I wanted him to feel like,
"Wow, I could really get some
Money off of this chick," you
Know?
And I never received a letter.
Narrator: then melinda
Discovered that mann was not
Only in the same prison as her
Husband, clarence, but their
Cells were fairly close.
Come to find out that
Earl mann is actually in the
Same pod as clarence, as the
Same housing pod, which probably
Consisted of to people.
Narrator: so, melinda decided
To involve clarence in the
Investigation, using another
Technique she learned from
Television --
How to collect someone's dna
Sample without them knowing.
They were getting discarded
Trash, discarded cigarette
Butts, paper cups out of the
Trash after they had been thrown
Away.
So, I knew at that point that it
No longer belongs to you if you
Discard it.
Narrator: melinda told
Clarence to follow earl mann
With a clean tissue and baggy on
Hand at all times.
I really didn't tell clarence
A lot about the dna extractions
That I was getting.
But a cigarette butt would have
Been sufficient if he smoked,
And he certainly did smoke.
Narrator: clarence did as
Instructed.
And one day, he watched as
Earl mann left a cigarette butt
In a clean ash tray.
He picked it up with the
Tissue, put it in the baggy,
Sealed it, and then put it in
His bible to flatten it and to
Conceal it until he could get it
Out of the prison, which I have
Never heard -- anybody ever
Getting dna from inside the
Prison and sending it out to
Have it tested -- never heard of
That.
Narrator: melinda sent mann's
Cigarette butt for forensic
Testing at her own expense.
And just as she expected,
Earl mann's dna matched the
Bodily fluid on the swab from
Her mother's autopsy.
Oh, my god, my hands went up
In the air, and I'm like...
[ Exhales deeply ]
And then the very next instant,
It was, "oh, my god.
That is the person who m*rder*d
My mom.
I now know for sure"...
Which was difficult.
Narrator: but amazingly, the
Court denied her motion for a
New trial yet again, so to free
Her husband, melinda had to do
One last thing.
Narrator: after six long
Years of trying to prove
Clarence elkins' innocence, his
Wife, melinda, and her
Representatives decided to
Bypass the local judicial
Process and go to the top, the
Attorney general for the state
Of ohio.
A prosecutor has a first
Obligation to do justice.
And the more I looked at this
Case, the more I felt that there
Had been an injustice.
Narrator: attorney general
Petro knew that the state had
Ways to either prove or disprove
This notion that earl mann's dna
Was somehow falsified.
And he didn't hesitate to use
It.
We had earl mann's dna in our
Database because we take dna
From every convicted felon, and
So we had his dna.
We did confirm that it did match
Directly with the dna taken from
The crime scene.
Narrator: in december of
, More than six years after
He was wrongfully convicted,
Clarence elkins was a free man.
It's just a time of joy and
Happy tears.
Narrator: sadly, even though
Melinda was responsible for
Clarence's freedom, their
Marriage did not survive the
Ordeal.
They divorced shortly after he
Was released.
I wish him the best, and I
Think us not being together is
His chance for a new life.
And, um...
It's just simply part of the
Devastated state that has
Been put on us.
That was our marriage.
It's gone to no fault but...
To the state, I blame.
He never blamed me.
Clarence never blamed me.
And I really would have blamed
Myself if I were him 'cause I'd
Be angry if someone put me in
Prison for something that I
Didn't do.
Narrator: prosecutors believe
Earl mann's target the night of
The m*rder was brooke sutton.
But her grandmother woke up,
Fought to protect her, and paid
With her life.
Brooke saw a man briefly before
Running away.
He then assaulted her and left
Her for dead.
The next morning, when brooke
Regained consciousness, she ran
To a neighbor's house for help.
Ironically, she ended up on the
Doorstep of the man who tried to
k*ll her just a few hours
Earlier.
The dna evidence against
Earl mann is overwhelming.
It's compelling.
It's, um...
It's as absolute as you can
Possibly get in a criminal case,
As far as I've ever seen.
Narrator : in august of ,
Earl mann plaid guilty to the
The r*pe and m*rder
Of judy johnson
And will spend an additional
Years in prison.
Narrator: melinda now spends
Her time working for the
Ohio innocence project, still
Fighting for people who have
Been wrongfully convicted.
We survived this, and now my
Sons are attending police
Academy because they want to
Make a difference in the world.
They want this to never happen
To someone again.
Had melinda not had the faith
And the drive to see this
Through, to create the stir, to
Create the momentum,
Clarence elkins would still be
In prison.
And I think that with the
Show and "forensic files" and
All the experts that you have
That come on the show and give
Details of how this works...
Is another phenomenal thing that
People need to pay attention to
Because this could happen to
Anybody.
Without melinda's efforts,
Let's face it --
Clarence elkins would still be
Brutal m*rder.
I had to point out my uncle.
They had a little -year-old
Girl who was saying it was her
Uncle clarence.
Case closed.
Narrator: years later, the
Girl recanted, but the courts
Wouldn't let him go.
Even dna wasn't enough.
Do they want me to hand them
The k*ller on a silver platter?
The k*ller on a silver platter? Okay, that's what we'll do.
Okay, that's what we'll do.
Narrator: june , , was a
Very hot night in
Barberton, ohio.
Hoping for a breeze, -year-old
Judy johnson left her front door
Ajar.
Sometime after midnight, her
Granddaughter brooke heard a
Commotion coming from the
Kitchen.
When she went to look, she saw a
Man b*ating her grandmother.
I was scared, so I ran back
To my grandma's room and covered
Up my head with a blanket.
Narrator: but the intruder
Followed her into the bedroom,
Knocked her unconscious,
Sexually assaulted her, and left
Her for dead.
Miraculously, brooke regained
Consciousness several hours
Later but found her grandmother
Later but found her grandmother dead.
Dead.
Brooke then ran to a neighbor's
House for help.
Incredibly, the neighbor made
Her wait outside.
Part of my left ear was
Missing, and my whole left check
Was swollen.
But she told me that her kids
Had to finish eating and she
Needed to get them dressed and
Everything, so she left me
Sitting out on her porch for
Like minutes.
Narrator: eventually, the
Neighbor drove brooke home.
Later that day, at the hospital,
Brooke gave police a description
Of her attacker.
He looked like my uncle.
He had dark hair.
He was about the same height.
And...i just --
That's the only person that I
Could think that he looked like.
Narrator: her uncle,
Clarence elkins, was the
Victim's son-in-law.
He lived about an hour's drive
Away and had no criminal record
And no history of v*olence.
His wife, melinda, couldn't
Believe that clarence would k*ll
Her mother.
I remember my reaction,
Distinctly, when he told me that
My mom had been m*rder*d.
I mean, I actually doubled over
In pain, you know, like, in a
Fetal position almost.
Narrator: clarence denied any
Involvement but was quickly
Taken into custody.
And I said to them, "yes, I
Am his wife, and, yes, I know
That some women do stand up for
Their man and lie for them, but
You're missing the biggest point
Here.
That was my mother, and I want
The person who did this to pay.
And I'm telling you right now it
Was not clarence."
Narrator: but police
Discovered that clarence might
Have had a motive to hurt
Judy johnson.
Their theory is that clarence
Has developed a hatred for his
Mother-in-law because the
Mother-in-law was allegedly
Interfering in his marriage with
Melinda.
There was a woman who said
She was judy's best friend,
Saying she was present when
Clarence elkins called judy
About a week before the m*rder
And threatened to k*ll her.
That's pretty damning stuff.
Narrator: police found no
Physical evidence linking
Clarence elkins to the m*rder,
But the eyewitness testimony
Placed him at the scene.
They asked me if I would
Point who hurt me and my grandma
Out, and...
I remember I had to spin around
In this little spinny seat, and
I had to point out my uncle.
For her to point at clarence
And say, "that's who did this to
Me," that was it.
That's all they needed.
Narrator: on june , ,
Clarence elkins was convicted of
First-degree m*rder and sexual
as*ault.
He was sentenced to years in
Prison.
I broke down. I collapsed.
I screamed.
I turned around to my sister,
And I said, "you know he didn't
Do this," and I collapsed.
And it was just so chaotic.
They had a little -year-old
Girl who was saying it was her
Uncle clarence.
Case closed.
Narrator: but brooke later
Said she wasn't sure what or who
She saw.
Narrator: based on the
Eyewitness testimony of a
-Year-old girl, clarence elkins
Was convicted of k*lling his
Mother-in-law and for the sexual
as*ault and attempted m*rder of
His niece.
The police, that very
Morning, searched clarence's car
For blood, for hair fibers, for
Different things.
Not a trace. The car was fine.
They searched his house, even to
The point of searching the
Drains of his shower for blood
And particles and things of that
Nature.
It came up completely clean.
Narrator: clarence's wife,
Melinda, was sure that her
Niece brooke was mistaken when
She identified clarence as the
Man who att*cked her.
After all, she was only a child
At the time and the house was
Dark.
Shocked.
I mean, to think that you can
Convict someone on i.d.
Testimony, let alone a
-Year-old child, with no
Physical evidence to back it
Up...
How can this happen?
Narrator: sure enough, four
Years after the m*rder,
Brooke sutton, now years old,
Recanted her testimony.
Do you think today that
Uncle clarence was the same man
You saw in the kitchen that
Night with your grandma?
No.
I just had always had doubts.
I knew I was wrong, because I
Put him in there and I wasn't
Positively sure.
Narrator: melinda petitioned
The court for a new trial and
Was denied.
So, melinda took matters into
Her own hands and decided to
Conduct her own investigation,
Creating a list of all known
Criminal offenders living near
Her mother's home.
I had started a suspect list
Shortly after my mom's m*rder.
I mean, I was trying to
Comprehend, who would do this to
My mom?
Who had access to her?
Who did she know?
Narrator: and she also sought
Help from an expert on wrongful
Convictions, martin yant.
Together, they pored over the
Case file and discovered some
Important pieces of information.
First, the witness who testified
Clarence elkins threatened
Judy johnson's life during a
Telephone call also claimed judy
Called to report the thr*at
To police.
But there was no evidence
Judy johnson ever called .
The call should have been
Logged.
It was obvious no such phone
Call had been made.
Narrator: and they also
Discovered that the coroner took
Vaginal swabs from judy johnson
During the autopsy.
On those swabs, lab tests found
A substance called
Acid phosphatase, an enzyme
Found in the male prostate
Gland.
But those swabs were never
Tested for dna.
To be fair, technology in
Forensic science is constantly
Improving.
Narrator: six years after the
m*rder, melinda elkins received
Permission from the court to
Test the swab taken from her
Mother's autopsy.
The forensic lab was able to
Identify a dna profile from that
Swab.
As melinda always claimed, the
Dna did not belong to
Clarence elkins.
We knew, at that point, that
Clarence elkins was innocent.
We didn't know the name of the
True perpetrator, but we knew
His dna profile.
Narrator: so, for the second
Time, melinda elkins petitioned
The court for a new trial.
Prosecutors argued that the dna
Results were unreliable since
The swab might have been
Contaminated.
And the judge agreed, refusing
To grant clarence a new trial.
And I was livid.
How dare they?
And do they want me to hand them
The k*ller on a silver platter?
Okay, that's what we'll do.
Narrator: so, now, melinda
Decided to take the next step.
She would conduct her own
Forensic investigation.
To learn how to go about it, she
Discovered the world of forensic
Television.
I think, initially, what
Attracted me to "forensic files"
Was when I first turned it on,
There was this big, loud voice
Of, you know, "m*rder in
Blah-blah town and
'Forensic files' investigates."
And I thought, "well, you know,
I'm gonna watch this."
I was learning how to gather
Dna, how to preserve it.
You know, there was a lot of
Different episodes that I
Watched that kind of put
Everything together.
Narrator: melinda decided to
Take her list of the convicted
Criminals living in her mother's
Neighborhood and surreptitiously
Collect their dna samples for
Testing.
She begins teaching herself
How to do investigations.
She watches shows like
"Forensic files," takes notes,
And starts putting that into
Practice, in terms of
Investigating suspects,
Collecting dna, all of the
Things that a private
Investigator would do.
Narrator: melinda followed
These men to local bars and
Restaurants to collect their
Dna from anything they might
Have left behind.
I would have to flirt with
These people.
I would get either a cigarette
Butt, or I've gotten their beer
Bottle.
I've gotten their drinking
Glass.
Narrator: using her own
Money and contributions
Solicited from her website,
Freeclarence.com, melinda hired
A private lab to test these
Items for dna.
Unfortunately, none of the
Samples match the dna found on
Her mother.
In the meantime, clarence elkins
Languished in jail.
She knew in her heart that
Her husband did not commit this
Crime.
And she was absolutely committed
To getting justice, not just for
Clarence, but for her mother.
Narrator: for years,
Clarence elkins sat in prison
For a crime he claimed he didn't
Do while his wife, melinda,
Worked continuously to free him.
So, she endured tremendous
Skepticism and insults along the
Way.
People feel that melinda was
Somehow some big publicity hog.
The prosecutors wanted to
Portray me as just as some dumb
Old hick from the country who
Is, you know, trying to get this
Publicity and have my name out
There and my face shown on tv as
Being my minutes of fame.
Narrator: then, one day,
Melinda picked up the morning
Newspaper and read an article
About earl mann, who had been
Convicted for sexually
Assaulting his three daughters.
I first wanted to look at
Earl mann's picture.
I went online under the
Ohio offender search, and I
Pulled up his picture.
And it was uncanny how clarence
And him looked so similar.
Narrator: but that wasn't
All.
Now melinda understood why her
Niece brooke sutton was forced
To sit outside the neighbor's
House for nearly an hour after
The att*ck --
Because the home belonged to
Earl mann and his common-law
Wife.
It was like a light bulb that
Went off in my head, and I'm
Thinking, "wow, is this too
Unreal or not?"
What would be a normal person's
Reaction to a child showing up
At your door saying your
Grandmother's been k*lled and
You're bloody and a mess?
What would your reaction be?
It wasn't what herreaction was,
Definitely.
We ended up getting the rap
Sheet of earl mann.
It was just pages and pages
Long.
And most of the things started
Off with the word "aggravated"
Beforehand, you know, a lot of
v*olence-type offenses.
Narrator: melinda now had a
Pretty good idea who committed
This crime, but she needed to
Find some way to prove it.
Using tricks she learned from
"Forensic files"...
Melinda first tried to get his
Saliva.
I started writing earl mann
Some letters.
I gave him a brief description
Of what I looked like, which is
Totally different than what I
Really look like and just that I
Was kind of a lonely person and
I was searching the web for pen
Pals.
But, you know, it was kind of
Sickening to me.
And what her objective there
Was, to see if she could get
Saliva on the envelope flap if
He were to write back to her.
What an amazing effort to try to
Get someone's dna.
I wanted him to feel like,
"Wow, I could really get some
Money off of this chick," you
Know?
And I never received a letter.
Narrator: then melinda
Discovered that mann was not
Only in the same prison as her
Husband, clarence, but their
Cells were fairly close.
Come to find out that
Earl mann is actually in the
Same pod as clarence, as the
Same housing pod, which probably
Consisted of to people.
Narrator: so, melinda decided
To involve clarence in the
Investigation, using another
Technique she learned from
Television --
How to collect someone's dna
Sample without them knowing.
They were getting discarded
Trash, discarded cigarette
Butts, paper cups out of the
Trash after they had been thrown
Away.
So, I knew at that point that it
No longer belongs to you if you
Discard it.
Narrator: melinda told
Clarence to follow earl mann
With a clean tissue and baggy on
Hand at all times.
I really didn't tell clarence
A lot about the dna extractions
That I was getting.
But a cigarette butt would have
Been sufficient if he smoked,
And he certainly did smoke.
Narrator: clarence did as
Instructed.
And one day, he watched as
Earl mann left a cigarette butt
In a clean ash tray.
He picked it up with the
Tissue, put it in the baggy,
Sealed it, and then put it in
His bible to flatten it and to
Conceal it until he could get it
Out of the prison, which I have
Never heard -- anybody ever
Getting dna from inside the
Prison and sending it out to
Have it tested -- never heard of
That.
Narrator: melinda sent mann's
Cigarette butt for forensic
Testing at her own expense.
And just as she expected,
Earl mann's dna matched the
Bodily fluid on the swab from
Her mother's autopsy.
Oh, my god, my hands went up
In the air, and I'm like...
[ Exhales deeply ]
And then the very next instant,
It was, "oh, my god.
That is the person who m*rder*d
My mom.
I now know for sure"...
Which was difficult.
Narrator: but amazingly, the
Court denied her motion for a
New trial yet again, so to free
Her husband, melinda had to do
One last thing.
Narrator: after six long
Years of trying to prove
Clarence elkins' innocence, his
Wife, melinda, and her
Representatives decided to
Bypass the local judicial
Process and go to the top, the
Attorney general for the state
Of ohio.
A prosecutor has a first
Obligation to do justice.
And the more I looked at this
Case, the more I felt that there
Had been an injustice.
Narrator: attorney general
Petro knew that the state had
Ways to either prove or disprove
This notion that earl mann's dna
Was somehow falsified.
And he didn't hesitate to use
It.
We had earl mann's dna in our
Database because we take dna
From every convicted felon, and
So we had his dna.
We did confirm that it did match
Directly with the dna taken from
The crime scene.
Narrator: in december of
, More than six years after
He was wrongfully convicted,
Clarence elkins was a free man.
It's just a time of joy and
Happy tears.
Narrator: sadly, even though
Melinda was responsible for
Clarence's freedom, their
Marriage did not survive the
Ordeal.
They divorced shortly after he
Was released.
I wish him the best, and I
Think us not being together is
His chance for a new life.
And, um...
It's just simply part of the
Devastated state that has
Been put on us.
That was our marriage.
It's gone to no fault but...
To the state, I blame.
He never blamed me.
Clarence never blamed me.
And I really would have blamed
Myself if I were him 'cause I'd
Be angry if someone put me in
Prison for something that I
Didn't do.
Narrator: prosecutors believe
Earl mann's target the night of
The m*rder was brooke sutton.
But her grandmother woke up,
Fought to protect her, and paid
With her life.
Brooke saw a man briefly before
Running away.
He then assaulted her and left
Her for dead.
The next morning, when brooke
Regained consciousness, she ran
To a neighbor's house for help.
Ironically, she ended up on the
Doorstep of the man who tried to
k*ll her just a few hours
Earlier.
The dna evidence against
Earl mann is overwhelming.
It's compelling.
It's, um...
It's as absolute as you can
Possibly get in a criminal case,
As far as I've ever seen.
Narrator : in august of ,
Earl mann plaid guilty to the
The r*pe and m*rder
Of judy johnson
And will spend an additional
Years in prison.
Narrator: melinda now spends
Her time working for the
Ohio innocence project, still
Fighting for people who have
Been wrongfully convicted.
We survived this, and now my
Sons are attending police
Academy because they want to
Make a difference in the world.
They want this to never happen
To someone again.
Had melinda not had the faith
And the drive to see this
Through, to create the stir, to
Create the momentum,
Clarence elkins would still be
In prison.
And I think that with the
Show and "forensic files" and
All the experts that you have
That come on the show and give
Details of how this works...
Is another phenomenal thing that
People need to pay attention to
Because this could happen to
Anybody.
Without melinda's efforts,
Let's face it --
Clarence elkins would still be