cover of episode MURDERED: Deanna Cook from Dallas

MURDERED: Deanna Cook from Dallas

2024/10/24
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Key Insights

Why did Deanna Cook's family suspect her ex-husband immediately after her murder?

Her family suspected her ex-husband due to a history of physical abuse and multiple incidents where he had been violent towards her.

What significant flaws in the Dallas 911 system were revealed during the investigation into Deanna Cook's murder?

The investigation highlighted delays in response times, misclassification of calls, and communication breakdowns between 911 operators and responding officers.

How did the 911 call Deanna made before her death impact the case?

The 911 call provided crucial evidence of an ongoing assault, including Deanna's pleas for help and her attacker's threats, which led to the classification of her death as a homicide.

What changes were implemented in the Dallas 911 system following Deanna Cook's murder?

Calls involving death or serious bodily injury were reclassified as highest priority, and the department conducted a comprehensive review to address communication and response issues.

What was the defense's argument during the trial of Deanna Cook's ex-husband?

The defense argued that Deanna's death was not a homicide but a result of a combination of PCP, stress, and mental health issues, claiming her death was accidental.

What was the outcome of the lawsuit filed by Deanna Cook's family against the city of Dallas and related entities?

The lawsuit was ultimately dismissed, with the judge ruling against the family despite their claims of negligence and violation of constitutional rights by the city and police department.

How did the nonprofit 'More Than A Phone' aim to support survivors of domestic violence?

The organization provided free smartphones and four months of cellular data to survivors, helping them maintain contact with loved ones and access essential resources without being tracked by their abusers.

Chapters

The episode begins with the introduction of Deanna Cook's case and the immediate suspicion of her ex-husband, Delvecchio. The narrative details the events leading up to her discovery, including the family's attempts to reach her and the alarming signs they encountered at her home.
  • Deanna Cook's family suspects her ex-husband, Delvecchio, due to their history of domestic violence.
  • The family finds Deanna's home in disarray with water flowing from beneath the door and her dogs outside.
  • Police response is initially delayed and inadequate, with officers taking their time to respond to the urgent call.

Shownotes Transcript

Hardy crime june's it's me bad and i'm taking this over to our last taxi spot in this areas, tour dallas. Back in twenty twenty three, we told you about the case that Sparks some major movement in this city, the unfortunate circumstances surrounding the story let initiatives aimed at making a real change in our justice system. And although there are still so much work to be done, hopefully we're one step closer to no other victim of domestic violence having to suffer from the errors in a faulty system in process, the way our victim we're really sharing with you .

today did high crime junkie. I'm your host ashly flowers, and i'm prit in the story I have for you today is about a woman who is failed over and over again by the people and the systems who should have rushed to her side in her time of need. October is domestic violence awareness month, and this year I wanted to tell you about a case that has infuriated me to my core. This is the story of danica.

It's sunday, August nineteen, two thousand and twelve. And Vicky cook has a bad feeling because he hasn't been able to reach her thirty to euro daughter Diana in two days. Dn is not answering her phone, SHE hasn't posted on facebook, and SHE didn't come to church this morning, so Vicky's mom senses or telling her that something's wrong.

SHE decides to head over to the N. S. House to check up on her, probably hoping that she's may be just overreacting and SHE doesn't go alone.

SHE takes her other daughter card a as well as dn as two daughters who don't live with their mom. But any hope he had, that he was just overreacting, fades as SHE approaches DNA house and sees water flowing from beneath the door. Two of her dogs are outside two, and they are barking in the backyard. So the woman walk around her house, pulling on the front door and the background, trying to get inside. But both are locked, and they can't see anything a miss other than this, like water flowing outside with.

which is kind of a big thing to be a miss, right?

They know they have to get inside, so they call the dallas police for some assistance. I mean, they don't just want to let go breaking into her home, but the officer they speak with doesn't give them the help they need. SHE says that before any officer gets to the house, they need to check all the local jails and the hospitals, which like, by the way, isn't a thing for a welfare check.

No, i'm flather gaster.

yeah. And I honestly know this because literally just yesterday me idea had, like, do a wealth are attack on someone so all you need to the address but this dispatch, whoever they're talking to, won't do anything. So vickee carlie in the girls are like, forget IT, we'll figure this out ourself.

Now I don't know if they end up making calls to the jail and hospitals or whatever, but they decide they're going into this house one way or another. So carlisle decides to just kick in the back door. But as soon as he gets inside, carlia turns and bolts, because the smell coming from the house is terrible.

嗯, vickie forges, I had literally waiting her way through the water that comes up to her angles SHE searching for her daughter. With each step, this hit that has been in her stomach gets heavier and heavier, according to A, A, B, C. News article by olia newcomb.

Diana usually keeps her house pretty well. organize. There are things like thrown around everywhere. Now, eventually, behind Vicky, the girls go inside to, as does carlism.

They search each of the room, i'm sure, hoping to find Diana, but I mean, almost also, while hoping she's not there, right? But when they get to her bedroom, their hearts sink, because the door has been busted in. And inside her room looks like a tornado went through IT.

There is stuff everywhere. Laps are knocked over. The beds been flipped. Same with the bathroom that's off the bedroom, like the toilets. A has literally been ripped off.

And when Vicky goes in that bathroom, he sees the source of all of this water. The forest in the tub is running. But that's not what catches her attention.

IT is a shadow behind the closed curtain. And when he opens IT, SHE sees something that no mother, no person should ever have to see, laying in the bathtub face down. Only in her underwear is Diana.

Vickie screams, carlist a screams. Diana's daughter scream. And then they have to contact police, who now take their call much more seriously.

And first responders are dispatched to the house. Now, even before anyone arrives, vickie already knows who did this to her daughter. According to court documents, there is no doubt in her mind that her killer is D N S X husband vo.

And when police arrived, he is quick to tell them this. The two had what he describes as a quote on, quote, very rocky up and down relationship. He was physically abusive, and there had been a pleasure of times over the last four plus years when he had seen the end with bruises or scrapes and scratches. So in vice's mine, there is no one else who could have done this.

Does he know where dw is now?

No, but he had actually talked to him when he was trying to find out where Diana was. They had talked the night before and even this morning. And devi o told her two similar stories, although they weren't totally the same.

So last night he had said that he had last spoken with her on wednesday, and it's sunday now, and he had even told that he cent a few people over two dnas to check on her, but when they not know when he answered the door. And then this morning, he said that the last time he talked to Diana was thursday. And again, he says that he sent some folks to check on her, but he didn't answer.

I mean, that's not a huge difference, but it's also something i'd flag.

I'm sure he noticed that he did. yes. I mean, into her, it's more confirmation that he has probably something to do with this. Now as officers make their way through the house and secure the scene, they think dn has likely been there for a few days, but they also take notice of a few more things that her family may have missed. For instance, something that sticks out is the position of the dead bold on the door to the bedroom.

So IT had been locked from the inside, but based on the damage to the door itself, IT looks like IT was locked after the door had already been forced in. So like the lockout is sticking out from the door, but the door frame isn't damaged there. That makes sense.

OK. So what does that mean? I don't know that means anything.

And I think it's just something that stands out to them as they walk through something I saw like theorized online or even like kind of put forward is was he trying to lock the door as someone was coming through right? Again, I don't know. It's a big thing. It's just something that they notice.

Yeah, that's what I was in like I member being a kid and trying to ck the door basically open while I was .

trying to close that right. And that's an option. There's also the option where when the door got listen, I got just came out like again. I don't know if that means anything. Now based on what Vicky is telling them, their first priority is to track down the vacation. They learn that he is living with his stepfather in the town of bulch springs, which is about like fifteen twenty minute drive east of dallas. But there is no guarantee that where he is right now.

okay. So I know he's like suspect number one. And for good reason, I may be first person. I'd look at two. But is there anything to suggest that he was there?

So yes, actually. So they have done a canvas of neighborhood, and investigators find several people who report having seen him in the area recently. Okay, bernstein, a couple morning's prior. This would be on the seventeen th. One of dn s neighbors noticed him sitting on the back of a car outside of DNA house, and he didn't respond when he tried to get his attention. And according to those same core documents I mentioned earlier, dnas male Carrier comes forward and says that he saw the two walking down the street towards her house on the morning of the seventeen.

It's so convenient how he just happened to leave out that he was in the area when he was talking to vici, right? Can they tell how long dean has been dead at this point?

I think all they know is that he has been deceased for a couple of days. I mean, have to wait for an autopsy to get a Better idea for time of death. But in the meantime, police track down the voco involved springs, and he is arrested on several active warrants.

And what does he have to say for himself?

So I actually can find how he responds. Anything about any question they do has never been released as far as I can tell. I do know he is denying any involvement in her death, but that story is real hard to stick to when investigators find that Diana had called nine one one twice in the days leading up to her dead, and the contents of those calls pretty much destroy any defense he could have come up with.

Three days before her body was found, DNA had called nine one one to report that the vecu was hanging out at the park across the street from her house. SHE said that SHE was worried because he was trying to go to work and he didn't want him to break into her house when he was out. 这是 probably .

around time。 The neighs.

right? yes. So he told the nine one one Operator that they had had multiple incidents where he had to be escorted from her house, but SHE hasn't been able to get .

a restraining order. Please.

I don't know. But in this call, he asks for police to come by the house. Whether they did or not, I don't know. But the next day, at ten fifty two A M. SHE calls nine one one again.

The morning dallas news published a partial transcript of the call in an article biton ia, either on the call, which has been reported as being eleven or seventeen minutes long, dana can be heard begging for her life among unintelligible, screaming and dogs barking in the background. And she's speaking to someone SHE calls red saying, stop IT, please are not doing anything. And why are you doing this to me?

The Operator consistently asks for an address, but Diana had called nine one one without her attacker knowing. In fact, the man can be heard asking if he called the police several times, which he denies. So SHE can't just like, tell the I on on up where he is. Like.

that's gonna her away, right? SHE can't just shout her dress for a reason.

Right now, at somebody on this call, he stops referring to this person's red, and he calls her attacker by his name. The vo and the veo can be heard saying, i'll kill you or kill you. I'll kill you OMG.

Then there's a sound of a struggle. What sounds like maybe water splashing and someone choking. And then about eight and half minutes in, there's nothing.

Just the sound of a dog still barking. The Operator SAT on the line listening, and I think occasionally calling out to check if anyone there. Now, he was eventually able to home in on an address. So at that point, SHE hung up, called back twice, once at eleven, ten A M, and then again at eleven, twelve. But no one picked up.

How did please not find her that day?

Well, here's a story. So there were police who were dispatched after that call, OK. But that's really where things went from bad to just downright and neglectful, because the two officers who responded to the call didn't feel the need to rush over to DNA house for whatever reason.

They stopped by another house to check out a burglary alarm that had been accidentally tripped when they saw was a fall alarm. They then decided to swing by seven eleven. Then they finish up some paperwork that was left over from another call that they had responded to.

Oh, why the they think they can just take their .

sweet time getting, I don't know. Apparently air nicklin reported for the deals observer that the nine one one Operator had marked the call as urgent, but I guess hadn't communicated that there was an attack literally going on at that very moment OK.

But you think urgent would be enough to get .

their buts in the to get IT IT ook fifty minutes to get to her house. And by the time they did, they didn't see anything suspicious. They said they are knocked on the door.

They walked around check to see if some of the windows were locked or broken, but they didn't see anything. They even called DNA phone again. But of course, he didn't pick up.

so they left. He said, fifty minutes, get to her house. The Operator told them to leave. At that point, there's only been eight minutes of silence, at least that the other s has been listening to.

It's been over an hour since the call started in the first place I can have comprehend this break down in communication. I mean, the Operator here is, i'm gonna kill you a struggle and then when they get there, there's no sound inside, no one answers the door. I'm sorry.

Break down the every reason you need, right? Yeah and wasn't everyone feels the same DNA family, the broader dallas public, they all have plenty to say about this. So literally by the next day, August twenty, the whole city knows about the complete failure on every level. To protect Diana, the department ends up issuing a statement saying that they are doing a quote, quote, comprehensive review of the whole thing from the Operator who took the call to the officers who responded basically to see if the issue was a communication breakdown or indicative of a larger issue. It's on that same day, they make this statement that dnas autopsies conducted based on the state of her body and the evidence from the nine one one called the medical examiner determines SHE more than likely died on the .

seventeen yeah when they made .

the nine one one call yeah that was definitely when and the water splashing that was heard on a call that was the how ana died, her cause of death was drowning and other micro violence. But what's interesting is that the nine one one call is really what pushes the M. I.

To rule her case as a homicide, because without the call, there's not much physical evidence to suggest that Diana was murdered. Like SHE didn't look like she'd been beaten. There's no bruising. So without that, he states that her death would have only been a mysterious death. I mean, definitely release suspicious, but not automatically a homicide.

So SHE basically classified her death as a homicide herself.

yeah. So that call is even more important because her talk screen shows that he had pcp and alcohol in her system at the time of our depth. So think about IT. Had that call not been placed, I can totally see a world where her death would have been written off and we'd be doing a serious death episode trying to convince a police department to reopen her case yeah.

And I don't have a whole lot of faith that they would have nailed that investigation based on how we've handled .

things so far totally.

And I received me they do like finger nail clipping and stuff. I mean, as any of dev gives DNA found on .

her body if he was fighting, I mean, I have yeah in new clip and they find DNA actually from two men from the sexual assault kit. But what's interesting is neither belong to del vo and to beyond. They're not sure what the circumstances were when IT comes to the encounters with those other two men.

But what IT comes to the fingering nail clippings, at first those come back clean. There was no one else's DNA but her's present under her nails. But and this is sort of jumping had a little bit they end up doing another more sensitive test later on, and they ultimately conclude that there is a DNA sample and they rule vo as .

a contributor can't really .

is only like a partial sample. I think when we hear partial, we're like, oh, you know a lot of people could be ruled and they do clarify that this partial sample does rule out ninety nine point nine percent of all other meals. Oh, okay, so pretty good.

yeah. And I mean, let's also not forget that he said .

his name on the call.

Now I need not much .

more because by monday, he has been charged with murder. And by wednesday, the police department announces that they are making some changes to the way nine one one calls are handled. wonderful. I will specifically to the way they're classified an article by the associated press for MBC. Five states that with this update, calls that involve things like death or serious bodily injury are classified as highest priority.

Hold up. What were they before? If they weren't the highest? I don't know. I mean.

what could be higher .

than literal death? I don't understand. It's a great question .

I try to find out, but I couldn't find anything about their ranking system. So I mean, I don't know what I would have to be like a mash shooter or something .

like that which terrorists .

ah let's keep something like that high one death should be treated the same as well, whatever. So at least now they have their priority straight.

Little too late. Yeah, but okay.

Now the Operator who took the call is suspended and the officer who told the family that they had to contact local hospitals in jails first, remember, back when they wanted to the welfare check, that officer is fired because that was apparently the third call that he had missed. Andle, beautiful.

So what about the responding officers? The fill me for slippers.

something to seven, seven years, so I can't find anything else about them. So you can take that potentially as an indication that they weren't formally punish.

okay. To me, they're just as culpable of IT. They skip the whole urgent .

part and read IT as totally okay to stop. I seven was before, if urgent wasn't really that urgent, you know I mean, or if I got lumping with something else.

if urgent doesn't mean actually urgent, use a different word.

I totally agree. Almost overnight, DNA becomes the name everyone in dallas associates with the need for a change in how long enforcement handles calls related into domestic violence, specifically because the more investigators and the public learn about the history of Diana and the vacuous relationship, the clearer IT becomes that something should have been done a long time ago. Diana and device s relationship goes back years.

They got together in two thousand and eight and eventually got married. But by january thirty, two thousand and nine, they were already having major troubles. That was when delbecq was arrested for assaulting DNA. After SHE didn't answer her phone, he showed up when he was visiting with a friend completely in her rage, and he grabs her by the neck and began choking her in .

front of her friend.

Yet her friend left the room for a few minutes. But like when he came back to, vu was already attacking Diana and his friends, like screaming for him to stop, which he did. But he threatened to do the same to her.

Oh my god. So eventually the police were called in, the veco was arrested and Diana requested a protective order. But i'm not sure if IT was granted.

What I do know is that in october two thousand and nine, SHE filed for divorce, but that divorce was a little messy. SHE didn't follow through, so the case was dismissed. And then a few months later, the vo filed for divorce. That was dismissed again when he didn't follow throw.

So IT seems like they were both totally OK getting out of the relationship at least for a bit at some point .

time and maybe at different times too, right? But the violence didn't end in two thousand nine because in much of two thousand ten, Diana was arrested for assaulting the vo, although to beyond, as the situation wasn't as cutt and dry as the last one was, Diana ran almost naked, safe for her Brown underwear to her neighbors, begging to come in, saying that delve co. Was going to get her and this nights, or saw device's in the yard behind Diana, but tobacco, like, left when he sees that the nights lets are inside.

So everyone knew this was a violent relationship, right?

And that neighbor, or even later, testified that their relationship was, quote, fearsome m and violent. But that time IT wasn't Diana who called the police or even the neighbor. IT was this motel e employee, a few towns over.

So theyd called to report devo, who was sitting in the lobby bloody. And the responding officer noted that he had been stabbed in one of his shoulders and had other scratches on his face, tongue and ARM. And when the officer talked to him, he claimed that Diana had stabbed him.

And when police search her house, they found a sort of tire tool that matched the type of wound that he had. So they go to Diana, and SHE claims that devaka had attacked her, that he was defending herself, but he was still arrested because he had the injuries and SHE didn't. Now, according to the court dogs I keep mentioning, SHE did end up being acquitted.

But that wasn't the end of their violent scuffles, not close. In may of twenty eleven, the becca was arrested again for assaulting Diana. An officer who responded to a disturbance found that to arguing and DNA had slashes on her hands from where devo had cut her with a knife.

So this was especially, yeah, he had even threatened her with a knife before. From what I can tell, this may have been the first time he actually like cut her with one. So I know he's arrested that time, but i'm not sure what happens after that arrest like if he was charged with assault or released or what.

But by july twenty eight, twenty twelve, this would have been less than a month before dn was killed. He was back at IT a again. This time, IT was Diana, who called nine one one because the vega was lurking in her neighborhood and he wanted someone to come take him, actually called a couple of times that day.

The vacation just kept showing up. And he asked her police to come and again, just get them out here. That second time, he said that he was lurking in a part car across the street from her house, just watching, I guess, because he was supposed to be leaving for work like SHE was.

Later on. He had this fear that he was gonna break in while he was gone. So he wanted an officer to come and remove him.

But SHE asked that they not tell him that he was the one who called because IT quote, quote to rigors him. Now in that instance, officers were dispatched and they found the veco in the park with two bags of clothing with him. And when they asked him what he was doing, he said that he was waiting for his niece to come get him. But I mean, obviously wasn't what was happening, but at the same time, there wasn't necessarily a crime being committed. So officers drove him back to his stepfather's house.

I always get really upset when I ask this question, but i'm going to ask you, anyway, stalking isn't crime. I know the laws on IT are super weird, and it's like a very specific definition, but this seems pretty obvious.

I agree, but I don't think they were seeing IT as stocking or they didn't have enough evidence that IT was .

stocking or didn't take the time to look .

into IT enough I don't know yeah now in september Dianas man Becky sues numerous people who were involved dnas case in the lawsuit. SHE alleges that they violated the fourteen th amendments due process and equal protection clauses is basically saying that if dana was White or live in a different neighborhood, or the call hadn't been about domestic violence, then maybe things have turned out differently.

She's also claiming they violated texes negligence growth, negligence, bystandard recovery, wrongful death and survival laws. And SHE shows a lot of people we're talking city of dallas. The dallas is police department and seven individuals. And I think the easiest thing to do just can go through the list of these people, slash entities won by one for the ago clarity, starting with the city of dallas.

Vicky alleges that they, quote, failed to implement policies, practices and procedures that respected Diana cooks constitutional rights to assistance, action, medical treatment and equal treatment under the law basically is the city's responsibility to make sure that there are some systems put in place to ensure that everyone has equal treatment. And SHE says they failed to do that. The police department is being sued because IT took the responding officers fifty minutes to get there.

And while this is obviously a problem with those officers themselves, Vicky alleges that dn is volatile and dangerous. Relationship was known to dallas P. D. And therefore they had a responsibility to act OK.

All that makes sense.

The cult girl who answered dnas nine one one call is listed because he basically failed to respond properly. IT took ten minutes to contact the police dispatcher and request assistance. Even though IT was clear there was an assault active happening, and SHE didn't note that there was an assault underway in her notes.

Now when IT comes to the supervisor, SHE was supposed to be on the call floor during her whole shift. There's always supposed to be someone there to assist called takers in classifying calls and providing general support. But when Dianas call came in, the supervisor was in a meeting, and so another caller, ker, had to assist.

That called taker is also named in the lawsuit. He was the one who told the original called taker to hang up and call the ana back. And then when IT comes to the police dispatcher, she's named because once he got the information, even after seeing that he was marked as urgent, SHE allowed officers to volunteer to go to Dianas house. This is where all of the breakdown is happening.

So when you say volunteer to go the you an instead of a signing officer, right?

Which shouldn't have been the case because that just takes away some of the urgency of the situation. Hey, you need to get right now. There is only available when you a minute and the rest of the people we kind of already know about the two responding officers who took their time getting to the residents and then left when they didn't see anything.

And then finally, the former officer who told vickie to call the hospitals and jails first. So wasn't Diana's family acknowledges that the problem wasn't just with the individuals who handle, because there is a much larger problem going on here. For one, the call center is supposed to have ninety positions filled, but at the time of DNA debt, they only had sixty four people working there.

But even if they had all ninety positions filled, they didn't have the updated technology to be able to respond to a call like dan as quickly. C DNA. Made that call in hers cell phone, not a landline. So according to Christian homans, reporting for the dallas morning music took almost ten minutes for a cotai er to find a location and dispatch someone to check on her and actually samsung and t mobile and up getting added to the suit as well, with Vicky in her family alleging that they didn't implement the technology that was needed to make locating the cell one happen faster.

So really, there is only so much of the people that the calls in there could even do without that technology.

Timing wise, again, in just we got ten minutes, there was a lot more time. But yes, they were able to locate the call phone right away, but that doesn't excuse literally every other moment where they dropped the ball big time. Now i'm gonna go into all of the details of the lawsuit, but eventually everyone who worked at the call center is dropped from the lawsuit.

The original all taker even ends up resigning. The police officers and the dallas police department get dropped from the suit. So by two thousand and fourteen, the updated suit includes t mobile metro pcs. Sam sung, the city of dallas, and the x officer who refused to send help until the family called hospitals and jails.

Twenty fourteen. I never not surprised how long IT takes for things like this to drag themselves through the system.

And i'm for dana family. It's years of waiting and fighting and then waiting some more. That was the theme of twenty fourteen for them.

But by twenty and fifteen, they have another battle ahead of them, one that they have to fight at the same time as the lawsuit that's still vcs trial. IT gets delayed a few times, but on may eighteen, twenty fifteen, IT begins and IT is a duy. The prosecutions presentation of the case is no surprise.

They go through pretty much everything i've laid out, and I want one call the waiting. And his body was found of accused history of violence. But the defense tries to pull some real should they claim that Diana wasn't murdered. Rather, he died from a combination of pcp and stress, like .

stress from being drowned. I don't understand.

They basically say that Diana and he's relationship was stressful, a hundred .

statement of the century.

And they say that in combination with the P, C, P, IT caused her heart rate to increase, her blood pressure to rise and ultimately cause a release of lower reef. And that caused fluctuations and disorientation.

Wait, or they sing DNA everything basically. Yeah, then how do they explain the drowning?

They're saying that IT was accidental. No, it's infuriating. And they also, they point to her history of mental health.

According to that same court, dog SHE had been diagnosed with schizophrenia, na by polar disorder, schizo effective disorder and a mood disorder not otherwise specified in an unspecified psychoses. And he had self diagnosed yourself with A D. H. D.

I'm sorry, I throw up a little bit and my mouth when he said that they were blaming this on her mental health but how does any of this explain the nine one one call? It's not just her halcon ating and saying his name. You can really hear that saying he's going to kill if she's polluting. So is the recording of the nine one one.

right? And can I tell you something else that makes the story even more unbelievable? Know what? They were never able to find at the scene. Her cell phone? No, the cell phone SHE called nine one one .

from SHE can't drown in the bathtub and then hide her ell phone or get rid of.

And this next part is infuriating already. But okay, the defense calls of and clinical psychologist and doctor competent into the stand who says he can't hear any water splashing on the call, which he says you'd expect to hear if someone was being pushed underwater so that combine with the lack of physical evidence that there was a struggle, makes the defense basically come to the conclusion of, yeah, he was .

illustrating, 哦, my god. Okay, we know the phone likely wasn't super close because devi didn't know that he was even making the call. You said the nine one one Operator could hear water. Is this even up for debate?

I'm confused. I don't know what the nine one one Operator heard, right? That came to light before we're ever at trial making argument. Yeah so I have to imagine that that sound was there is present. I think the only argument is that some people say they're hearing splashing water. Others say, oh, well, I hear that is like a fot running and same difference there is water and we know the Fosters running right is all that water like came out of the house filled whatever, right? But with all the screaming ing and the dog barking, I may I think I don't know there's so much going on in this call.

including let's come back to you can hear another place that and I know I think this .

is going to be up there with like the top ten worst defenses of all time. Now the one thing I can maybe see being a decent argument from the defense is when they bring up the presence of the two unknown male samples found when they did her sexual assault IT, because to this day those men have never been identified. And the defense argued that the investigation was incomplete because police didn't try to even track those two other men down OK.

But there was only one male voice on the recording, one that I am assuming sounds did a hacked like .

bea tally did. I called .

him SHE total with two guys before SHE was killed. That means .

nothing exactly. And ultimately the jury agrees. The vo ends up being found guilty, and he is sentence to eighty five years in prison.

But even though that's done, Vicky and her family still have another battle to fight that lawsuit, and this time they don't get a win. The judge ultimately dismisses the case. Vicky appeals a few times, but SHE and her family are up against the city.

That's not gonna back down. In fact, Robert will on sky reported for the dallas morning news that the city spends over three hundred fifty thousand dollars fighting them instead of settling. The most recent update I could find was an appeal for much of twenty nineteen, but I can't find anything after that.

So I don't know what happened. I don't have got rejected if IT was swept up in the worlds in of the pandemic or what but to D. N.

S. Family, IT doesn't feel like true justice. Yes, her killer was put away. But what we're going to just focus on putting away killers instead of preventing the killing, right?

Every year, we partner with a nonprofit doing important work with survivors of domestic violence. In this year, we want to feature more than a phone. This incredible organization works with domestic violence organizations across the united states to provide free smart phones and four months of cellular data to D, B.

survivors. Because when you think about that, many survivors leave in a hurry and they don't bring their phone, or they don't have one, or the one they have can be tracked by their abuse. I don't know that if I had to give up my phone right now that I could function like I would be kind of loss.

I mean, figuratively and literally, I use my maps for everything. I don't know anyone's number anymore. So I think a lot of us would be that's why having a safe, reliable, unmonitored phone is so important that allows people to contact their loved ones, access online resources, which is everything you need, is on the internet.

Now it's a fresh start, and a feline, more than a phone, has donated almost six thousand phones to survivors at the seventy three non profits they support. And both of those numbers are only going to keep getting bigger. They are biggest fun raiser of the year.

More then a tailgate is actually happening in indian applies this fall. So if you're interested in donating, now is the time will have all their information linked in our showing tes. And you know every month, not just october, almost without fail, we get messages from listeners who say that one of our D.

V. Episodes hits home. IT was the push they needed to leave. They recognized earlier signs of violence. I mean, there have been so many unbelievable story.

So this month, if you are listening to this, and something about this episode hit just a little too close to home, I need you to listen to me. You are not alone. One in three women and one in four men experience ed physical, intimate partner violence in their lifetime.

And every single person you included, you especially, is worthy of being treated with love and respect. And I know what you're being told by the person who might be abusing you, but hear me right now, you are not being too sensitive. You are not overreacting.

If anything I talked about today rings true for you. We will have resources listed in our shown notes. We love you. Stay safe, crime junkies.

You can find all the source material for this episode on our website, crime junky podcast dot com.

and follow us on instagram at crater key podcast will be back .

next week with a brand new episode.

Crime junky is an audio check production. So what do you think, chuck, do you prove?