Jeff Malin, Doug, Jared Briggs discussed on Cold

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As the weather began to warm in april of. Oh seven shane. Minor reached out to the captain of the department of public. Safety's dive team with a request. Could they take their fancy boat with. Its sonar up to causey. Kasi was a tough place to launch. There were no concrete ramps and the reservoirs banks were steep. The big boat was a no go. Shane next connected with weber. County sheriff's lieutenant. jeff malin. Who was at that time. Head of search and rescue. They had their own dive team. The weber county divers went into qazi on april twenty ninth but found its water still too cold to reach bottom in the deeper portions. They were unable to find. Anything to support jared briggs story of doug having dumped joyce's body there several months later over labor day weekend. A young man named zhang g attempted to swim across causey. Gene was an exchange student from korea visiting the reservoir with a group from washington heights baptist church authorities don't know why the boy went under. He was possibly exhausted certainly chilled by the cold water. He may have misjudged the distance. He was swimming with this church group. The weber county dive team mobilized and worked until nightfall without success. They returned the following morning bringing a submersible robot. The submersibles video camera found the teen hundred and twenty one feet deep. It's robotic arm grabbed him and brought him to the surface. This i've discovered was not the first time. Searchers had scoured the lake bed. They had done the same almost eighteen years earlier in september of eighty nine. They had relied on the help of a submersible to make. Sure the billings. County sheriff's deputies deep water diving experts from the pillow base diving company. Used a remote control camera to probed the murky depths of the reservoir after making the recovery. No seven the operators of the submersible stuck around to do some extra training they ran the robot through portions of qazis north arm. Three weeks went by before shane. Minor received a call from jeff malin about the labor day weekend tragedy. Jeff had remembered there earlier. Conversation about the jared briggs tip. He told shane about the robot and said he had heard. It had dredged up a pair of paint cans. Those cans had been full of nails. Maybe they were just some. Fisherman's makeshift anchors. For maybe they were weight of some sort. Meant to keep a buoyant object bound to the silty lake bed. I'm not clear if this second hand information was ever verified in a report. Shane minor road. He didn't know what happened to those paint cans or if the area surrounding where they were discovered was ever searched remember though that when south ogden police recovered joyce's car from where doug had parked near the water tank back in august of eighty five. They had found a bath. Towel wadded up on the driver's seat and they had discovered a glass pint jar. On the rear passenger side floorboard. The jar had appeared to contain white. Paint the utah. Supreme court heard oral argument in doug's third appeal on february third. Two thousand nine recorded here for all of our you notice. Four on february calendar utah level. That's chief justice christine. Durham all right. Thank you you may proceed for the health. Doug had twice already challenged his conviction at the utah supreme court and lost as i explained earlier in this episode. This third trip to the high court took a slightly different approach. It focused on the guilty plea. Doug had entered in ninety-three he'd asked to take it back soon afterward but had been left waiting without an answer for years. You're going on his expedition trying to figure out what was in the defense mine back. This case should have been silenced fifty years ago. That's doug's attorney du jour. David finlayson doug guilt or innocence wasn't in question by this point in nineteen ninety nine but if the high court allowed him to take back the guilty plea he could have another crack at sentencing and potentially avoid the death penalty but someone who pleads guilty can't just change their mind. After the fact doug had to prove to the justices that his original plea had been flawed. His attorney finlayson figured he had found that flaw. He said judge stanton. Taylor had made several errors when advising doug of his rights back in ninety three nowhere in the record is we hearing was the presumption of innocence Mr level this exchange between doug and judge taylor was what's known as a plea colloquy rule eleven of the utah rules of criminal procedure which i mentioned earlier spelled out what that colloquy was supposed to include under the rule judges were required to inform defendants making guilty pleas that they were waving certain rights. Judge taylor had done that. But using an outdated version of the text guaranteed right in our constitution. The very nature of a colloquy is that it's supposed to be a back and forth not just a recitation of the text judges in ninety three expected a certain degree of flexibility with rule. Eleven but in the sixteen years between doug's sentencing and this two thousand nine oral argument the utah supreme court had clarified. Judges were supposed to maintain strict compliance. We are talking letter of the law right down to the precise number of jurors in a capital case. Like doug's chocolate jesus by the unanimity require. The jury missed with twelve right cultures to put it simply. Doug was arguing. He hadn't known what he was giving up by pleading guilty assistant. Utah attorney general. Laura dupay pushed back on that. You must tell three times that he was giving the right to require that the state proof that he was twenty beyond a reasonable. Yeah in the eyes of the state. All doug had done was find an excuse to try and claw back his plea on a technicality. That is now. Is that if he had realized that he was going to get a jeff sessions. This is really about fire morris and this is exactly the same with the kinds of gamesmanship that we should be trying to avoid the plea mosses. His reason for pleading guilty was hoping to avoid it and when he found out to declare that's when he wanted.

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