The disappearance of Joyce Yost has had a multi-generational impact, leaving her children and grandchildren trapped in a repeating nightmare of court hearings and appeals. Following Doug Lovell's 2015 conviction for Joyce's murder, the jury faces the question of whether or not to return him to death row. Their only alternative: life with the chance for parole, which would mean Joyce Yost's killer might some day walk free again.
Joyce Yost had never met the man who followed her home on an April night in 1985, who kidnapped and raped her. He threatened to kill her, but she went to police anyway. Then, she vanished. Joyce has never been found. Now, investigative journalist Dave Cawley delves into the decades-old case to uncover the details of a murder-for-hire plot to silence Joyce. Cold reveals flaws in the system that left Joyce unprotected, examines pitfalls of the death penalty and asks if there’s such a thing as justice for Joyce Yost.
Cold season 2 is exclusive to Amazon Music. You can download the free Amazon Music app and follow Cold so you won't miss an episode. You can also ask Alexa to play the Cold podcast on your Echo device.
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Survivors of rape, sexual abuse and sexual assault and their allies in the United States can connect with free resources at https://www.rainn.org/.
Additional case materials including photos, videos and a who's who list at https://thecoldpodcast.com/season-2/.
Episode credits:
- Research, writing and hosting: Dave Cawley
- Audio production: Nina Earnest
- Audio mixing: Trent Sell
- Additional voices: Richie Steadman (as Doug Lovell), Scott Mitchell (as Chuck Thompson), Amy Donaldson (as Becky Douglas)
- Cold main score composition: Michael Bahnmiller
- Cold main score mixing: Dan Blanck
- KSL executive producers: Sheryl Worsley, Keira Farrimond
- Workhouse Media executive producers: Paul Anderson, Nick Panella, Andrew Greenwood
- Amazon Music team: Morgan Jones, Eliza Mills, Vanessa Rebbert, Shea Simpson
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This is an unofficial transcript meant for reference. Accuracy is not guaranteed.
Dont want to wait for new episodes of cold. All thirteen episodes of cold season to justice for Joyce are available right now on Amazon music. You can listen to the entire season for free by going
Amazon, dot, com, Slash called podcast or by downloading,
Amazon, music gap and following cold. This podcast includes discussion of rape and sexual assault, abuse, murder and other criminal behaviour listener. Discretion is advised the penalty phase of Doug levels, trial for the murder of joys host began on March twentieth. Two thousand fifteen prosecutors described in detail Douglas levels, rape and murder of Joyce
those back in nineteen. Eighty five and a long criminal history that started in his ten years, Kim Salazar and Gregg Roberts had each testified already during the trials guild phase, but they took the stand again in the penalty phase and were able to tell a broader story. It was good
To look at the jury just tell her side, and I mean I think you had a big impact. This was an opportunity Kim and Gregg had now.
had during Doug's original sentencing in ninety three. They were able
to tell the jurors who there
mother was she was a great
great great mother, she's, just a wonderful grandmother, she was so happy. Everybody will say the same thing I wish she was so beautiful. Oh, she was so sweet. She was the kindest woman. She thought she was. She was genuine and they described the far reaching and ongoing impacts of what does
done to her. He is a horrible person and he's done horrible things and he's this violence.
journeys continued to do horrible things to our family for all these years, Kim's children, who were by then adults,
sat in the gallery, as she testified their dad Kim's Ex husband Randy was right beside them when came test by this last time. She got up. Even she got apologize to me and she should apologise to ex husband robbing the why she does she career is just about azure cures for not been one hundred percent focused on them. She sure
But you know she had nothing wrong. Yeah, I think came soldiers, Melissa, an anomalous and Melanie her children have a lot of resentment on what this stand. There moms life of where it's become the main focus of your life came in Randy's daughters even took the stand themselves
to describe how their lives have changed when their grandpa Joyce had disappeared, and my kids are older. Now they have to listen to this and can grab got to go through this whole trial. Again, not fair, not fair, Greg's children had not even been born at the time of Joyce's murder. I miss terribly that my kids could know her get a bigger piece of her growing up
to combat from us? That's for my biggest regrets. This is called season. Two episode, twelve dancing with the devil from chaos. L pod casts I'm Dave, Kali we'll be right back.
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the twentieth anniversary of the terrorist attacks of September eleventh, but damn diversity is an interested in that day. He wants to.
talk about what happened the next day and every day after that, in his new podcast, nine twelve
Dan tells the story of a series of characters whose lives would never be the same after September. Eleventh followed
twelve on Amazon music,
the Wieber County attorney's office pushed for a sentence of death against Doug level. During the penalty phase of his two thousand fifteen capital murder trial, they had a proxy
once again read a transcript of dogs, own words from
the earlier ninety three sentencing hearing. They played portions of the two wire recordings with
dog and Rhonda inside the Utah State prison. Focusing on portions like this one where he had talked about the
miss collar who had reported finding a body near Cauzee reserve. At one time I never eat it.
and they put an investigator on the stand to tell the jury
Those remains had never been located or recovered. Then it was Doug's turn. His defence team
lawyers. Michael Boughs and Sean Young made their case for a sentence of life with
the possibility of parole. The first three defence witnesses were John Newton, Gary Webster and Chuck Thompson. All three men had at various times served as bishops for the church of Jesus Christ of Latter Day saints at the Utah's state prison. They had all ministered to Doug Defence Attorney, Sean Young led the questioning of the bishops and the results were I'll just say: stilted apologies in it,
As for the poor quality of this audio, its unfortunately, the best available for this piece of testimony you're all her sorry, Sir Barriers in Georgia are extremely. If you couldn't make that out, Chuck Thomson acknowledged Doug had been excommunicated from the church.
Shucks testimony wasn't exactly a ringing endorsement for Doug, but that wasn't because Chuck held reservations about Doug's character. To the contrary, he very much believed Doug was a reformed man. So why didn't he emphatically expressed that believe? There is a backdoor to these bishops that requires some explanation. Doug had identified for bishops, as well as the person above them in the churches, hierarchy called a stake president on his witness list. Prior to the trial attorneys from the law firm curtain, Mc Conky Acting is outside council to the church, had connected with these five men to offer them legal
representation. If they wanted it, the churches attorneys had advised the bishops. They were not permitted to speak on behalf of the church or about matters of doctrine or policy, but John
and brand Sherman, Gary Webster and Chuck Thompson had all wanted to speak for Doug. They all believed him worthy of a chance for parole. The church of Jesus Christ, unlike many other christian faiths, does not take a public position,
On the issue of capital punishment, the churches, lawyers communicated to dogs defence team that, in their view, putting all the bishops and the state president on the stand on doves behalf might lead some people to assume incorrectly that the church was taking an official position. On his specific case, the churches, lawyers advised Doug's defence. If they wanted to question the bishops, they would have to compel that testimony by subpoena defence, attorneys, Michael Ballast and Sean Young reached a compromise, they would subpoena just three of them.
Shops and in exchange the churches, lawyers agreed not to fight those subpoenas. Just for a wider area under orders appeared very backward.
commander waters, question astronomers when these three bishops testified at the trial they each made mention of Doug's charitable, giving to rising star outreach
Becky Douglas the head of that non profit arrived at the Wieber County Court house the following morning. She had travelled all the way from the Dominican Republic, where her husband was at that time serving as a mission president for that,
ouch Becky in her role as companion to the mission President had needed church permission to leave that post, even temporarily, that permission had been slow in coming and Becky had at one point told a supervisor. They were welcome to excommunicate her, but she would testify on dogs behalf
no matter what, in a later court hearing Becky would describe encountering a church lawyer at the court house on the day she had arrived to testify and Anna me that a word with you Becky said she had told the man she intended to tell the truth, the whole truth and nothing but the truth which he agreed. She should do. They both then entered the courtroom and sat in the gallery.
Man is how to testify. I gotta pee his life and he put his hand on my army, said Jimmy a patent. Instead, real do just fine that actually saw the little intimidating to me. I wanted to ask you about this, but she didn't respond to an interview request. For this part,
asked but consider its not surprising or even unexpected. A lawyer for an organisation that is being discussed in court might want to be present to hear that testimony first hand
I will go into more detail about whether or not this amounted to intimidation or interference in the next episode in Becky's testimony, she voiced the most emphatic support for Doug of all his character witnesses portraying him as a giving caring man who, in spite of past failures, had endeavoured to become a better person. The next day she received an email from one of dogs, bishops, Chuck Thompson. Here is what had read hello, Becky nice job on a testimony you hit the nail on the head. I was careful to say too much with my church position. In fact I was instructed to
as little opinion as I could and followed Council Becky replied to this email describing her own discomfort over the presence of the churches, lawyers at the trial, but I felt very blast. I had prayed for the Spirit and they took the stand. I felt the calm peace settle over me. It seemed that whenever the prosecuting attorney close some doors, there were later opened by the Lord in unexpected manners, and I was able to share the things I had come to share. Becky Douglas and dogs bishops constituted just a fraction of the people. On that
fences, witness list, but many of the others didn't show up to testify. Defence attorney Sean Young told, Judge, Michael D, Rita their mitigation specialist had struggled to locate some of these people.
I want to look at one of those. In particular, his name was Brian Peterson,
I worked as a prison guard at S SD during Doug's, first sentencing for
murder in ninety three Brien had told the story of the time. Doug had washed
the eyes of another guard who had been accidentally sprayed with insecticide Sean, told
judge to read and no one could find Brian, the defensive male they subpoenaed to what they believed was his address, but he hadn't showed up, as ordered Sean asked the judge to declare Brian unavailable, which would allow the defence to simply present his testimony from Transcript Joe
The reader said this troubled him from her person.
Is there, in the absence of these other character, witnesses, the defence turned to its experts? They brought forward not one but two phd level for
in six psychologists somewhere between eighty six.
levels attorneys,
bribed how we had a long history of head trauma, including a major construction accident as an adult life. One of the psychologists Mark Cunningham spend hours on the stand.
talking about dogs, youth and the environment in which he had been raised. In effect, it always right. Then there was the troubled childhood, his mom struggle with depression.
Cunningham placed blame on dogs, parents saying his mother surely had been distant and detached. She had been so medicated. He said that she hadn't nurtured her youngest son,
Cunningham said dogs, Father Mawnin had been absent or worse outright, abusive, two dogs, mother. Surely, as a result, he said, Doug had model that behaviour as he had grown into a man. There may have been some truth in one or both of these claims
The problem was there weren't any other defence witnesses with first hand, knowledge of dogs childhood who backed up what Cunningham said.
Doug himself had in many of his letters, described having a wonderful childhood with loving parents. There's one other expert, Witness Doug's defence called to testify his name.
David Stoner David was a wild life biologist and phd level. Ecologist, add Utah State University. He was an expert on the topic of mountain lines. The purpose of his testimony was to provide an explanation for why Joyce his body hadn't been at the spot along the old snow Basin Road, where
police had searched in ninety three has been acknowledged by a number of authorities. The animals tampering with human bodies really confounds these investigations. The defence used this to suggest dog had acted in good faith that he had made an honest attempt to lead the searchers to join his body prosecutor. Gary Heyward attacked this idea on cross examination, even if animals had scattered the remains Gary asked. Where were choices,
clothes. Her necklace. Her purse is also true, as it does that animals are not have any interest in a woman's hers data the jury he's wearing the contents of earth and though it didn't come up in court, I will suggest you consider what had happened.
Two Teresa Grebes, when police located her remains on that hillside just a month before this trial, they
also found animal bones and droppings in the area. Yet in more
and thirty years. Scavengers had not dug up. Teresa's remains.
Defence attorney Michael Bowers, next put Rhonda back on the stand
Michael showed old family pictures of Doug Rhonda and her daughter, Alisha together on tamping trips. He talked about how Doug had wanted to adopt Alisha
Then he had Rhonda red portions of the loving letters she had written to her husband after he went to prison for raping Joyce.
at the same time. A review.
Without my eyes- and I never wanted to be a pipe and each other every day with them.
You dialogue as an accuser land
and we can never make that Michael's questioning of Rhonda painted them as a happy family with dug a dedicated father on Cross Prosecutor, Gary humored drew a different picture of Rwanda. Are you afraid of
Doug level as a woman, long plagued by conscience Rhonda. How did it make you feel when you in eighteen ninety one told very Carper what had happened to Joyce
I'll make you feel the defendant,
was level ever show you or take you to where he had done. The body of joy shells
The ever tell you where he had done the body of joy just by causing that the only thing he ever told you up by causing. Yes, you never told you on Snow basin Road now ever use those words that Rhonda dropped something of a
shell toward the end of her time on the stand regarding one time when she had visited Doug at the prison in the late eighties.
Yes, I mean is it he said
If you had a very long time in there that he would plan an escape, Eliza said: yes, I said: where would you go you set up in the mountains,
Rhonda had never said anything about this until a couple of weeks prior when she had revealed it to the prosecution
He testified previously in this case. Under all, you did not in fact miss anything about state. Blinded until today, which led defence attorney Michael Bowers, to wonder what else had Rhonda never disclosed. I'm gonna ask you now: is there anything else that leads to come forward with his case that you have said yes vast rephrase among withdrawal? Was a man named kids Tucker, followed Rhonda on the stand, the junior member of dogs, defence team attorney, Sean Young, led the questioning
and, what's your current occupation of bus driver, mechanical industry, Sean asked can't how he knew. Doug dogs, mother and my mother law are sisters can't had watched Doug grow up from a distance.
Doug always why he is right
for some later. Failure
you're doing when I was wondering
taking hunting and fishing has always been one of his passions. They had briefly lost touch after Doug. First went to prison for the rape of Joyce host. They had reconnected a few years later.
and can't had been paying Doug regular visits ever since they had grown very close and can said he would take dug in if Doug someday managed to secure his freedom
and I figured I could be
you know, maybe building up the I've I
when visualizing were down there. That was about it
Sean's examination of Kent and Cross lasted all of ten minutes. The defence then asked for an early lunch, so they could try and contact other witnesses who had not shown
yet, but there were no more witnesses coming so after lunch judge to read a raised, the question of whether Doug intended to-
Defy Sean Young had urged Doug to take the stand. Had
had a chance to discuss that right with your attorneys and having.
a decision about what you want to do with respect to that right, you survive talks both my turns on choosing not to test ok with them.
Mister Bell, ass, you may proceed as threats are. Thank you. The state then had an opportunity to call rebuttal witnesses. The first was Jared Briggs Doug's too.
Team had fought against this arguing. The state had added Jared to its witness list too late in the process and without proper warning, but judged a Rita decided to allow it
Jerry, you might recall, had been incarcerate
At the Utah State prison years earlier and had briefly bunked in the death row cell block
Recall specifically where your house,
One block one cell on all four Jared share:
the same story, you heard in episode ten how he had met and befriended Doug how they had talked about hunting and fishing and eventually how Doug had opened up and told him about
the murder when he was describing those events in detail- and he described them in great details- are right
They shine remorse now on Cross defence attorney Michael Bows, peppered jeered, with questions designed to show his knowledge of the case was flawed embellished and included.
Outdated details, pieces Jared could have only known for
Having read old transcripts here, where the third level have the alot of its legal paperwork with him in prison, everybody does including the down arrow, was any cell.
This was a trap and the defence closed it. By calling a man named Ralph Menzies to the stand really moving us, it prison. Yes, what are you certain time, therefore? Capital? I'm said: Ralph criminal history stretched back nearly as far as Doug's. Just weeks after Doug had arrived.
The prison. In eighty six Ralph had kidnapped a woman named Marine Hudsucker from a convenience store. He had robbed her tied her to a tree and canyon EAST of SALT Lake City and slid her throat. A judge had sentenced Ralph to die by firing squad in eighty eight dug and Ralph had lived next to one another for more than two decades, which meant Ralph was also acquainted with Jared Briggs was at a time when there was a major roads house. Yes, you remember him.
Yes, Sir Ralph said all the death row inmates kept their case papers in their cells, but it was tough to do any meaningful work using the tiny tables inside each fourteen by seven foot cell, so Ralph said they would often take their papers out on the tear the common area. One time Ralph said they'd been ordered into lockdown wild dug it had his papers out on that table. Doug had left them there. The lockdown had stretched on for hours and after a time the guards
loud Jared, Briggs out of his cell. To do some work. You know whether or not the Jura Briggs had contact with newspapers
Yeah Doug asking when you come in if he would think everything up and take it to herself and get it in the morning Ralph said: jeered had kept dogs, legal papers, transcripts motions court decisions and the like in his own, sell that night
This suggested everything Jared knew about Doug's case had come not from Doug himself, but instead from Doug's files, the prosecution,
Carl Jacobson as its final rebuttal, Witness Carl had left his job at the prison at the end of two thousand five concluding a twenty two year career with that Utah Department of corrections in the I'm here, you're there, because they presented you become acquainted with the defendant here in court does love yes, I do
I've mentioned Carl several times before he had first met Doug, while working in S sd in eighty seven
or let him yes, I did that report Carl said had benefited them. Both. It had evolved into a relationship of quid pro quo
a pro quo, meaning want something for somethin. You gave me something I gave him somethin
within reason
within the authority? My position Carl said
had not been a difficult inmate. He didn't brawl, he didn't break rules, he didn't cause problems, but here
sometimes FED Carl information about others who did
in maids, often rapid one another out to the guards like this either to keep from Heaven,
The whole group punished for a single persons, misdeeds or two
Covertly, take out the competition and move up in rank
so there's ammonia behind that and you ve got way that balance out and and and oftentimes it's it's dangerous and difficult
but is part of the equation, is part of management of a correctional Vassili dogs. Good behaviour had
So, on occasion resulted in his receiving what are known as positive, chronological notes or see notes in his jacket, a sort of permanent record. If it's not writing it didn't happen. Any my jacket from the beginning to the end of their incarceration and possibly more inmates, coveted positive, see, notes they were the currency with which a prisoner could prove good behaviour when standing before the parole board pleading for their freedom. Doug's jacket was replete with positive marks for actions he had taken at Carl's request. He had, for instance, repeatedly talked with groups of
high schoolers, as they took tours of the prison arranged by Karl prosecutor. Gary humored asked Carl about the time in December of ninety eight, when he had pulled Doug into a conference room
for a one on one talk about Joyce's murder. It had come following the death of corals. Father I said: Joyce deserves what my father ass and you need to stop this nonsense and you need to come clean with me.
and you need. I deserve the wine. What I want to know you did and why you did it, and he proceeded to tell me I described this encounter once already, so I won't spend too much time rehashing it here, but Carl did say from the stand: dog had blamed the detectives for their inability to find the body during the searches along
the snow Basin Road. I responded videos and how did you hear about man? He knows the outdoors. He went there. He returned and shrub out. Girls is mighty nine years. He knows where,
He knows where that body isn't. Why won't you give this Badia Coral said? He believed there were three possible reasons why Doug had not and still would not admit to the actual location of joy
remains first, if he had mutilated them. Second,
There were more than one body at the sight and third, a combination of
Reasons, one and two: how would you describe as you read this
on the positive is charming: cooperative, manageable, articulate very smart on the Navy is called calculating and control is eminently later. Yes, how would you re spores cunning and smart people you ve got one topic was then Gary arrived at the most important question. Do you believe a few purpose for all he would be dangerous in future? Yes,
fence attorney Sean Young countered this on cross, highlighting Doug's, clean behavioral record, no assaults no escape plans. Are you aware that I would tend to escapes? None that I know Sean brought up. Those student panels were dog had talked to high schoolers about life in prison, Carl said DOT.
Participation had probably not been motivated by altruism, because our southern ever him those panels, Carl said
had allowed dog and opportunity to leave maximum security. If
for an hour. He had been able to walk between the prison buildings.
feeling the green grass between his toes a tiny but significant taste of freedom
for someone who otherwise lived in a world of steel and concrete, and so it broke his tea and he got walked through the are. He got a cigarette and he also receive a positive zeal for me. At one point, Sean suggested Coral had even treated Doug. As a friend I wasn't his friend
one day. I was friendly all the time I was eyes friend. I knew why was dancing with we dazzled
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and look for Dave's killer bread in the bread Isle of your local grocery store. This episode is brought to you by the new season of the fault line dying for a fight Portland. Based
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deserves a chance to get into society before he dies. His bishop Chuck Thomson sent this email to the head of the charity. Rising STAR Outreach, Becky Douglas on the final day of witness. Testimony saw Doug. Yesterday he glowed
yours angel and might be the one who saved his life. Both chalk and Becky had testified on dogs behalf both had seen Joyce used
children came Salazar and Gregg Roberts sitting in the court room. I still don't understand what part of the atonement Joyce's kids don't understand after thirty bitter years. It is more than time to let go and forgive dug a changed man,
Closing arguments began the following morning: prosecutor Chris Shaw went first, he told the jury over the thirty years since Doug had killed Joyce the focus had become quote all screwed up
perversely, with joy youse. There can be no closure
said when you're loved one is taken from you forever consider that weight the weight of the human destruction that this defence conduct, his hat on their family and on George, Europe's most importantly, life ended thirty nine years he asked the jurors to consider whether Doug Hedge
Joyce human dignity when she had pleaded for her life and he challenged the idea. Doug's efforts to lead investigators to Joyce's remains had been authentic,.
Remember his manipulative, controlling and cunning nature. We have to stop and give beer whirling and take law enforcement to the place. Are you kidding me? We have to stop and get a beer. This is the same person that right
the king. After that, you never squeamish about taking
the police that arise. Please, Chris asked the jury to make its decision based on the entire constellation of dogs, criminal behaviour,
you're he's committed. All of the aggravating felonies stay. Outta has to offer this Chris said justified a sentence of death defence attorney, Michael bows.
Then stood and reminded the jury. Doug did not contest the facts of the crimes he had committed thirty years earlier. This is right with a variety of there's. No excuse for does not affect work, which is exactly why, during the trial phase within preserve us, but Michael said, there were other factors to consider: Doug's family life, his parents, divorce, a history of head trauma and substance, abuse,
and what about Rhonda Michael, called her a coup conspirator who had needed immunity because of the active role she had played in plotting Joyce's death, of course, where we're going with this is not that we ought to some outbreak Rhonda Charger, but the question is whether it is appropriate and that's a decision. You're gonna have a region in his face rhetoric:
appropriate unjust in this case, to impose the death penalty and dog when rather.
didn't face any charges. Long Michael said: Doug had been earnest in his efforts to take Terry Carpenter to join his body,
Doug Level has the greatest incentive of anybody to leave them to the right place.
If we listen to the right place, death is off the table. Many lives.
And all of the hand wringing over that anonymous Paul in eighty seven about human remains near TK,
Z, Reservoir Michael said that Paul probably wasn't even about Joyce. He said the man who had called probably just wanted to goad police
into looking for another missing woman hinting at, but not actually,
saying the name? Surely Warren is that speculation churches? But what other explanation is therefore, this behaviour from this man who calls and does not give any helpful information Michael suggested that anonymous call was the first mention of Cauzee attached to join his disappearance, from which all others heads
and right, that is to say, if I gave up about causing until nine ninety one four years later, job makes us having about causing. Until he reads, doves paperwork Michael was calling and causing a red herring, and if that were true, he suggested it would mean Jared. Briggs was a liar Michael summed up by saying Doug had spent
thirty years in prison improving himself. So the fact that in eighteen, ninety one dog is trying to cover up this, this murder
doesn't mean that he's not eyes waited becoming something there a slow process, but why
which Michael said, was well under way. At the time, Rhonda recorded her Ex husband why
wearing a wire there's, a spark of humanity to spark of remorse, there's a spark of a recognition that
she's behaviour his conduct, her other people, you have heard those tapes and can judge for yourself
whether or not they revealed dog as a man who had felt a quote. Spark of remorse, certainly like the goal of on no question about, but he has tried to climb up Michael asked the jury to return a sentence of life with the possibility of parole, judged. Eureka then turned to the issue of allocation. Elocution is an opportunity for it.
Bend and to make a statement to a judge or jury ahead of sentencing? It's a chance to show remorse to apologise to the victims of crime, to plead for a particular punishment to show that spark and if you were going to allow us to make a statement in allocation has made at this juncture. Allocation
not sworn testimony, it wouldn't open, dug up to cross examination, it would
really allow him to speak insincere terms to the jurors, who would very soon decide if he should live or die. Ok, I appreciate, and so just before, three p m, the jury retired. For a second time. This time they began debating the question of Doug's sentence, those two options:
add, or life in prison with a chance, a parole. A unanimous vote is required for the death sentence. The jury has been deliberating for about three hours. Now back in episode, nine I talked about how state death penalty laws changed,
nineteen seventies as a result of a? U S Supreme Court decision. Those changes were meant to take bias out of the sentencing process in capital cases,
Utah's law required the jury and Doug's case to consider aggravating
mitigating factors, part of that calculation involved. Looking at seven instances of alleged criminal conduct for which Doug had not previously been convicted, the jurors would determine his guilt or innocence, then use those findings to help decide if the death penalty was warranted here with a seven alleged crimes and the jury's decisions on each for sexually assaulting Joyce Yost in her car on the night of April third, one thousand nine hundred and eighty five, the jury found Doug guilty beyond a reasonable doubt. You might recall Doug headed first faced two counts of rape in eighty five, but the sexual assault count which it sent him to prison was specific to what had occurred in his home is not covered. The initial
salt enjoys his car and, speaking of what had happened in Doug's home for forcing Joyce to perform oral sex there that night, the jury again found Doug guilty beyond reasonable. Doubt of the crime of sodomy discount had been dropped from the case in eighty five overjoyed. His unwillingness to talk about those humiliating specifics. The next special verdict form focused on the claim: Doug had conspired with Billy Jack to murder Joyce. The jury found him guilty likewise for conspiring with Tom Peters, to do the same.
The jury also said: Doug was guilty of tampering with Tom Peters as a witness in ninety one, while they were both in prison when Doug had given Tom that kiss on the top of the head, the remaining two instances of uncharged crimes both or
rose from claims made by Jared Briggs Jared had testified. Doug had asked him to kill Tom Peters in two thousand seven it. He asked me doing very specifically Tom Peers, yes, to get really and jeered at told investigators. Doug had once again so
truly assaulted, Joyce on the night of the murder.
sexually assaulted her when they got everything done for both of these alleged crimes. The jury said: Doug's guilt had not been proven. The decision suggested the jurors felt incertitude over Jared's credibility, so in total the jury found Doug guilty on five of the seven instances of uncharged
conduct debating all of this had taken time and no one outside of the jury room had any idea. Just how much longer the sentencing decision might take all Kim Gregg and the rest of joys, his family could do was weight
your family has been in the courtroom. During this long trial, they told me they'll make a statement after the jury reaches a decision shortly after nine p M judge, Duenna adjourned the court and send the jury home
they returned the next morning to continue from where they had left off the night. Before several more hours passed before in the early afternoon,
jurors, informed the bailiff they had at last reached a decision. Once again, Doug stood, while judge to read a red from a form provided
The jury, where is really about case
This would render sentencing to death. The Wieber county prosecutors had achieved that outcome twice in the same case, twenty two years apart. First with a judge and now with the jury, Joyce's, children, Kim and Gregg felt relief. I thought they frustrate level again. Big time I thought was awesome, Judge
Rita signed a warrant of execution Bearing Doug's name it commanded, the Utah Department of corrections to end his life by lethal injection on May twenty. Ninth, two thousand fifteen. This was formality because the judge next ordered a stay. Putting the execution,
an indefinite hold pending an automatic appeal of the sentence required by state law Kim and Gregg, spoke to reporters outside the court room. We think it's just a very, very, very good day for choice and a good day for our family relief for the children of Joyce housed in Tell you walk in the ship to stop having how how difficult it is to get through who say Douglas Level deserves to be put to death for what he did to their mother and nineteen. Eighty five, the things they he did incredible horrible things to do, somebody that he didn't know him but didn't deserve it. Defence attorney, Michael Bowers, had made it out of the court house by the time. Those same tv cameras caught up with him in the parking lot levels attorney, says level hoped he would get out of prison one day. The hope was the
wouldn't want to impose the death penalty in the good life. The possibility. Still he doesn't think level who is fifty seven years old, will ever be executed, he's looking at least twenty years before he runs out of appeals and probably longer. This fact had not escaped Kim and Gregg in a sense,
They were right back where they had been in August of ninety three. It felt like it
too much square one as if to prove this point, Michael Bowers Fight
the motion asking for a new trial now you're back to square one again, it's all ahead of you. Now the appellate process saw that everything just starts over
Michael cited five reasons why he thought Doug deserved one all of them dealing with decision,
made by judge to Rita they in
looted, did Doritos refusal to sign off on the plea deal to notice,
the jurors of the play negotiations to admit
dogs, many letters into evidence permitting the testimony of Jared Briggs and the judges, rejection of dogs, pretrial, motions Kim knew from experience,
This move asking for a new trial alone, could result in years of legal delay that we
not moved an inch
In all these years, as fires
Judicial process goes dogs. Other attorney Sean Young submitted a sworn statement to the cord. Several weeks later in it, he made
rather stunning claim Sean said, lawyers representing the church of Jesus Christ of Latter Day saints had interfered with the trial,
Sean wrote that the churches attorneys had shown up at the court house on the day. Those three bishops were set to testify and quote threatened to interfere with the testimony. If he didn't limit the scope of his questioning,
judge to Rita denied the motion for a new trial. The verdict would stand unless that is
Doug could once again win a reprieve from the Utah Supreme Court for that he would need a new lawyer
The county also had to fund Doug's appeal, so he tapped another of the attorneys it kept on content.
four indigent defence work and signed him to a second contract devoted exclusion.
We too the appeal that
Turn name was Samuel Newton.
Samuel went right to work, and on August thirty, two thousand fifteen filed the appeal with the Utah Supreme Court. Doug's appeal soon hit some road bumps syn
will Newton struggled to get a complete copy of trial defence attorney Sean Young case files. He ended up pursuing a court order to force the issue, an effort that chewed up almost a year.
Samuel also started talking regularly, with dug a fact. Doug himself pointed out in a letter to the Utah Supreme Court,
I have a great working relationship with Mr Newton. I completely trust him with my life and in his judgment, in doing what is best for my legal case, going for
Samuel reached out to many of the people. Doug had listed as possible character witnesses in the lead up to the trial. Trying to
understand why so many of them had failed to show up and testify what he heard over and over again was that they had never been contacted by the trial defence teen or if they had. The calls had been brief and superficial. Some told
Samuel, they would have happily testified if they had only been asked. Mister young fail.
contact over a dozen witnesses for the twenty fifteen penalty phase once it was learned,
Your young fail to contact my character. Witnesses, Wieber county, terminated his contract solely because of my case in May. Two thousand. Sixteen Samuel asked the Utah Supreme Court to send Doug's appeal back to the trial court, so they could get to the bottom of this. The Supreme Court agreed to the request in March of two thousand seventeen. The high court order instructed the trial judge Michael D Rita to hold, what's known as
evidentiary hearing. As for Mr Bowers, he was led council in charge of Mister young. I believe the up
coming. Hearing will clearly show that Mr Bowers failed when it came to overseeing Mister young work. Here. Were the questions judged Rita had to answer
Had shown Young acted efficiently in failing to prepare several of dogs witnesses for their testimony, why
as shown young deficient for failing to even call fourteen of the potential witnesses. Doug had identified
had shown Young's cross examination of Karl Jacobson been inadequate
did Sean Young fail to properly prepared the defence teams mitigation specialist, whose job it has been to research and make initial contact with many of these witnesses.
Should shown. Young have raised an objection to the alleged
interference of the churches, lawyers, and if the answer to any of these questions was yes had that in the end, prejudiced, the jury.
We. The hearing will also show there was a lot of confusion and a complete lack of
communication when it came to my character, witnesses
the sheer number of potential witnesses covered by the order, mended
evidentiary hearing would likely take longer than had the entirety of dogs trial.
The remand order instructed judge to read it to report his findings within ninety days. He didn't meet that deadline.
Not even close here is why.
A pellet attorney Samuel Newton had by the start of two thousand seventeen expended the seventy five.
Thousand dollars allotted by the county for the appeal he anticipated. The evidentiary hearing was going to recur
hundreds more hours of work he began talking with county staff and commissioners about the need for additional funding.
The county suggested Samuel was overestimating the time required. They offered an additional fifteen thousand dollars, but also expressed scepticism over
how much time he was spending communicating with Doug. For the first time I got an attorney
represented me to the fullest, who knows my car,
inside and out and now the county has pulled the rug on funding him Samuel claimed.
a sworn affidavit. The county had refused to pay him. One hundred
Twenty thousand dollars for work he has done on a different death penalty appeal that had caused
ES which had in turn, exacerbated a heart condition. This dream
the Utah attorney General's office into the funding dispute in a letter
an agency's office staff. Member said Samuel had developed a conflict of interest. His health and Doug's defence were now at odds.
in Accord filing Samuel referred to his situation. As quote involuntary,
Pro bono, he asked judge to read it to intervene and force the county to pay, but judge to read it declined on the grounds that was a civil matter. The didn't fall within his jurisdiction, Doug argued to the contrary. In a letter to the court, he said his very constitutional rights were at stake.
I have the right to effective assistance of council for my defence, and I had just that. I had an attorney who was competent, who actually
at my entire file, who met regularly with me and who, I believe had my best interests at heart. Doug pointed out the county would
have to hire another appellate attorney for him. If the court allowed Samuel
to withdraw. That lawyer would start from scratch. The tens of
Thousands of dollars already spent on two years of Samuels work would be for nothing. I ask this court to please intervene and
see to it that Mr Newton, we
remain as lead council in my case, going forward judged arena released
We will from the case at the end of August, this drew media coverage, including editorials scathing,
their assessment of wieber counties, handling of the matter. The bad publicity didn't help as the county sought to find it.
other qualified attorney willing to take up Doug's appeal. In fact, it could.
Find only one choline Coburg
she signed a one hundred thousand dollar contract with we were county at the end of September weeks later, the Weber
The commission sent Samuel a letter informing him
county was terminating his contracts. The commissioner's accused Samuel of making on
Truthful comments to the media, which had harmed the counties. Reputation, Samuel, struck,
Back filing a federal law suit against we County and its commissioners, accusing them
the violating his first amendment right to free speech, and none of this had much of anything to do with Joyce used a fact that wasn't lost on her children.
the debt level likes the limelight. He likes the attention and that's exactly how it plays out, especially over time. The victim becomes much lesson
this latter trader becomes the story in its it's rough. It is difficult
Don't see any remorse.
If you or someone you know has endured rape, sexual assault or sexual abuse of any kind help is available in the United States. You can call one eight hundred six, five, six h, o p e or visit, are a I n n dot org to connect with free resources through the rape, abuse and incest national network. No one need suffer in silence. You.
are not alone. If you haven't already, please subscribe to or follow cold to make sure you get every episode.
Can also interact with me and the cold team on Facebook, Instagram and twitter at the cold. Podcast cold is researched and written by Dave, Kali, with editorial oversight by executive producer, Cheryl Wars. Additional executive producers include Paul Anderson, Nick Panella and Andrew Greenwood Audio production by Nina earnest mixing by Trent, sell my
Bon Miller, composed the main score special thanks to the team at Amazon, music, full credits for each episode are available at the cold podcast dot com cold is an Amazon original by K, a cell podcast in association with workhouse media. Thank you for listening.
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Transcript generated on 2021-09-16.