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July 5, 2022 31 mins

After handing off her findings on William Clarke to you, the public jury, Karen details every factor and Clarke's criminal intent to put the final pieces together. She also uncovers the identity of Captain Vollten's confidential informants. 

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Speaker 1 (00:02):
He was involved in a criminal world with his friends
and associates. It quickly ed related into the homicide. It
wouldn't surprise me at all incompetence or corruption, especially in DC,
there was a lot of activity going on. The case
was forgotten while open up this can of worm. There

(00:22):
were things that were just mess left Berry. Welcome back
to Shattered Soul's The car Barn Murders. I'm your host,
Karen Smith. This is episode sixteen. This podcast may contain
graphic language and is not suitable for children. Previously on
The car Barn Murders, I've handed off my investigation on

(00:47):
primary suspect William Clark to you the public jury. After
eighteen months of work, I've concluded that the circumstantial evidence
against William Clark is overwhelming. Although the whole story itself
is complicated, the actual plot of the crime is fairly
simple once you get down to the essential facts. In

(01:09):
episode fifteen, I outline the means, the motive, and the
opportunity for William Clark to commit the robbery and murders
of James Mitchell and Emery Smith. But contrary to popular belief,
that's not enough to convict him. Another part of a
murder case that needs to be proven is intent. Criminal
intent is also known as men's raea, which is Latin

(01:32):
for guilty mind. It's a conscious decision by the perpetrator
to do something that is wrong or forbidden by law,
having a full awareness that their actions are wrong, and
then making a conscious decision to proceed anyway. A suspect's
confession is the best way to show criminal intent, but
that's not the case most of the time. Because there

(01:54):
isn't an outright confession from William Clark, you the jury
have to use inference based on the circumstantial evidence. Inference
means that you need to assess all of the known
circumstances Clark's behavior before and after the crime, along with
his written words and actions, to infer his criminal intent
to commit the robbery and murders. My investigation has found

(02:17):
that William Clark's criminal intent is evident through numerous factors
and points of irrefutable circumstantial evidence, twenty five of them
to be exact. Number one. William Clark worked at the
Chevy Chase Lake office as a conductor for one month
in September of nineteen thirty four, so he knew all

(02:39):
of the details regarding money transfers, pick up times, entry
and exit points, and all of the other necessary logistics
to pull off an armed robbery. Number two Clark set
up the scene by ensuring that his friend Francis Gregory
left all of the doors unlocked. Number three Clark went

(03:00):
to the Chevy Chase office two times on Saturday, two
days before the murders for no authentic reason. Number four
Clark failed to keep appointments on the day of the
murders with mister Stevens and Mr Kelly of the transit
company to get his job back, and opted instead to
turn himself in. No follow up investigation was ever completed

(03:21):
after Clark's initial interview. Number five Clark sold his Capital
Transit uniform to Francis Gregory in December, proving that he
knew Gregory and had no true intent to return to
work for Capital Transit. Number six Clark was spotted outside
of the fourteenth and East Capitol Street ticket office on

(03:43):
the morning of the murders, as kW Gettings observed and
relayed to his roommate Jones. Number seven Clark lied during
his interview about going to the Gaiety Theater on Sunday
night in an attempt to establish a false alibi. There
was no Sunday night show at the Gaiety Theater. Number
eight Clark lived two blocks from the location of the

(04:06):
stolen Green Buick, which was never found. I witness Ernest
Carter was certain that he saw a Green Buick flee
the scene. Number nine Clark neglected to report his Sunday
night meeting with a police officer during his interview. Number ten,
Clark admittedly knew James Mitchell and also knew that Mitchell

(04:29):
aided the police on his previous robbery arrest. Mitchell was
shot three times in the head, with the final shot
being post mortem through the top of his head, signaling
revenge and witness elimination motivations. Number eleven Clark worked with
Emery Smith at Chevy Chase Lake, yet described my uncle

(04:49):
as the short, chunky barn Man during his interview instead
of calling him by name. Clark also denied speaking with
my great uncle on Saturday, but you can't deny speaking
with a purse when you say you don't know. Number twelve,
my great uncle was shot four times in the head
in a similar pattern to James Mitchell, then dumped into

(05:09):
Rock Creek to cover up as murder. This is consistent
with the suspect knowing the victim and another witness elimination
Number thirteen. Clark attempted to murder Mary Branch five months
later when she threatened to talk about what she knew.
Clark planted a blackjack underneath his car seat. Prior to

(05:30):
the crime, which evidences premeditation. Number fourteen. Clark had massive
debt and owed money to several people, including Frank Sherman,
who was given a vehicle in arrears as collateral on
a loan. Sherman was strong armed by Clark and several
others just days before the murders, but Clark failed to

(05:51):
get that car back. Mary Branch had been financially supporting Clark,
and Clark didn't have a job. Clark also failed to
pay alimony to his wife, Viola and in support of
their three children. Number fifteen. Clark admitted to frequenting the
horse track. Number sixteen. Clark was able to purchase furniture

(06:13):
and put a deposit on a house in the months
after the murders. Number seventeen. Clark had previous arrests for
armed robbery and grand larceny. Number eighteen Francis Gregory admitted
that he believed Clark was in on the crime number nineteen.
By the detective's admission, Clark could have been the gunman.

(06:36):
Number twenty d C Captain Richard McCarty thought Clark could
have been responsible for the murders, and he failed to
report a bottle of anesthesia, a gun, and bloody clothing
belonging to William Clark. Number one prostitute Marjorie told Richmond
Police Sergeant Anthony that William Clark was involved in the

(06:56):
crime Number twenty two. Moundsville Penitentiary inmates Joseph wore Kirby
and Floyd Gray said that Clark's name was mentioned in
relation to the murders Number twenty three. Both of the
confidential informants named Clark as the primary suspect. Number twenty four.

(07:17):
James Weir shingle shop was located in the same building
as Green's Company Incorporated, the beauty salon where the planning
meeting took place. Number twenty five. Clark had criminal connections
to Robert Jenny Walter Oliver and to Jonas Willard Green,
an ex DC Police sergeant whose cousin was DC Commission

(07:39):
President Melvin Hazen that resulted in the proximate safeguards against
Clark's investigation and his arrest for the Carborn murders, twenty
five unquestionable associations to the Chevy Chase Lake robbery and
murders of Emery Smith and James Mitchell a prosecutor's dream
and more definitive links than some of my own cases

(08:03):
for which I provided testimony over the past two decades.
The defense hurdles would be extraordinarily difficult, if not impossible,
to overcome when you put all of those pieces together.
As far as I'm concerned, William Clark killed James Mitchell
and Emery Smith with willful and purposeful intent. Those are

(08:24):
the facts that all even your hands to contemplate a
ruling of guilty or not guilty for William Clark. I
believe his accomplices were Robert Jenny and Walter Oliver. I
also believe that Francis Gregory was an unwitting accessory before
the fact, but before I discussed Robert Jenny, Walter Oliver,
and Francis Gregory. At the end of the last episode,

(08:47):
I left you with a thought about William Clark's friend
in Alibi James Weir, and I asked you who Captain
Theodore of Bolton's male confidential informant might be. I believe
it was James Weir, and I leave the female informant
was his sister, Neiva Berardinelli. It took me a while
to come to that conclusion, and it's not one that

(09:08):
I take lightly. There are many reasons for my thoughts
on this, But first, who was James Weir? He was
born on October twenty one, nineteen twelve. His father, John,
was a barber in South Carolina. In nineteen thirty his
family moved to Scotland, North Carolina. When James was eighteen.

(09:28):
He still lived at home and he had no occupation
listed in the census records. James and the others followed
his sister Neva to Washington in nineteen thirty four. By
nineteen thirty five, James Weir had a half interest in
the Shingle Shop beauty parlor. James Weir was living with
his siblings Sally and Nettie, and his parents, John and

(09:49):
Susie at fourteen eleven Harvard Street. In October of nineteen
thirty four, were was arrested with William Clark by d
C detective Robert It for an armed robbery. In December
of nineteen thirty four, James Weir went with Clark to
Francis Gregory's house to sell Clark's Capital Transit uniform on

(10:11):
Sunday night, January. James Weir was home by eleven fifteen pm,
according to his friend Joseph Goddard and by the interview
account of Mary Branch. James Weir was arrested on January
twenty two and apparently substantiated William Clark's false alibi about
going to the Gayety Theater, although the only note made

(10:31):
during his interview stated quote we are made the same
statement as Clark did in reference to his whereabouts on
Sunday night and Monday morning. We questioned him in reference
to the murders and were unable to learn anything at
all from him. Six months later, on June eleven, NT
James Weir abruptly joined the Marines and shipped out to

(10:53):
Paris Island for boot camp. He left d C during
the same week that William Clark was sentenced to prison
and for the attempted murder of Mary Branch. By December
of nineteen thirty five, James Weir was aboard the U. S. S.
Henderson bound for pay Ping, China, where he was stationed
at the United States Embassy through nineteen thirty eight. By

(11:15):
June of nineteen thirty nine, James Weir was back in Washington,
D C. And stationed at the Navy Yard. By Christmas
of nineteen thirty nine, were had gotten into some kind
of disciplinary trouble and was quartered on the rein of Mercedes,
a permanently moored ship in Annapolis, Maryland. It was used
for housing enlisted men who had committed some kind of infraction.

(11:36):
It wasn't the brig but the men had to eat
all of their meals on board and sleep in a
hammock in the crowded birthing area. Basically, James Weir got
spanked for being a problem child. Between June of nineteen
thirty nine and November of nineteen forty, James Weir was
stationed in the Washington, D C. Area. In November of

(11:58):
nineteen forty, We're shipped out to Autonomo Bay, Cuba, and
left the military at the end of his enlistment in
January of nineteen forty one. He re enlisted during World
War Two, and he spent the majority of that enlistment
between Washington, d C. And San Francisco. He left the
Marines permanently in November of nineteen forty five, when World
War Two was over. By nineteen forty seven, James Weir

(12:21):
was married to his wife, Louise, and they had one daughter.
They lived in Falls Church, Virginia, in a two story
home in a middle class neighborhood. James Weir eventually became
a clerk for American Airlines, and he stayed married to
Louise until he died at the age of seventy two
in nineteen eighty five. It seemed like James Weir got
his life together after his military enlistment, and he lived

(12:44):
quietly with his wife for the latter part of his life.
He was never reinterviewed about the Carborn case. James Weir's
sudden decision to flee Washington d C. In June of
nineteen thirty five was likely precipitated by William Clark's attempted
murder of Mary Branch less than a month prior. Weir
left the shingle shop and his entire family behind to

(13:06):
join the Marines at the age of twenty three. Were
had been running around with William Clark since at least
October of nineteen thirty four, when they were arrested for
the robbery. Then he was with Clark in December at
Francis Gregory's house. James Weir provided a half hearted alibi
for Clark for the night of the murders, but there
were no details about exactly what he said. Clark said

(13:28):
he was with James Weir most of the day on Sunday,
going back and forth to Weir's Harvard Street apartment a
couple of times. During his arrest and very brief questioning,
James Weir may have thought that William Clark had his back,
but Clark threw James Weir under the bus. During his interview,
Clark was asked about being seen wearing a dark colored

(13:50):
suit in December of nineteen thirty four while he was
standing outside of Milton Cronheim's Bond office. Clark was with
James Weir, and he told to Frank Brass that he
wasn't wearing a dark suit, but James Weir was. Clark
also said that We're was wearing a dark suit just
a few days before the murders. Clark also just happened

(14:12):
to know the name and address of James Weir's cleaners.
It seemed to me that William Clark was trying his level,
underheaded best to set James Weir up as the fall
guy for the murders, or at least get the trail
off himself. With a friend like that who needs enemies.
William Clark and James Weir were likely outside of Milton
Kronheim's bond office to get Kronheim's help for the October

(14:35):
nineteen thirty four robbery arrest by d C Detective Robert Barrett.
Recall that Robert Barrett became the chief of the DC
Metropolitan Police and he was the subject of widespread corruption
and kick back investigations by Congress. This is a quote
from the DC Metropolitan Police website about Chief Robert Barrett.

(14:58):
An investigation led by The Washington Post brought out what
became known as the pocketing scandal. Apparently, detectives were routinely
reclassifying crimes or simply not entering them on the books
as crimes to be investigated. Note from me cover ups.
This was one of many allegations of malfeasance, corruption, and

(15:22):
brutality that were to plague Superintendent Barrett's term in office.
By nineteen fifty allegations began to swirl about corruption and gambling.
Superintendent Parrot and the police Department became the focus of
a wide ranging investigation into gambling, kickbacks, and narcotics dealings.
His life outside the department was filled with speculation, as

(15:45):
he neglected to appear to testify to the Commission, and
when he did appear, he refused to answer any questions. However,
he remained under suspicion and in nineteen fifty seven was
indicted for federal income tax evasion. Corruption at that level
doesn't begin when a person becomes the chief of police.
It's the result of years of making connections, taking kickbacks,

(16:09):
and creating an insulating web of yes men and trusted
co conspirators on the police department. They would be just
as culpable and willing to conform in order to line
their pockets with kickbacks and payoffs. I believe that Robert
Barrett was just as corrupt. In nineteen thirty five, when
he was selected and assigned by Superintendent Ernest Brown to

(16:31):
assist on the Carborn case back to James Weir, he
high tailed it out of Dodge right after William Clarke
tried to kill Mary Branch. That's not coincidental, and it
was my first tip off that were was Captain Bolton's
confidential informant. Let me walk you through it first. Recall
Robert Jenny's meeting with his wife Lillian at the prison.

(16:54):
Lillian told Jenny the pre planned story that a man
had been arrested for the Carborn murders and snitched to
the police. Robert Jenny came on glued and mentioned the
name James Moody and asked Lillian if he was the
one who would run his mouth. That name was the
first one that popped into Jenny's mind. The weakest link

(17:15):
I believe James Moody was actually James Weir. Weir would
have had access to a lot of inside information that
would incriminate Jenny in order for him to turn sheet
white and panic like that. Not only did Jenny's reaction
allay his guilt, it also aired out his achilles heel.
If James Moody was the foible, you can damn sure

(17:39):
bet that William Clark knew that potential weakness as well
and kept his thumb pressed down on his buddy James Weir.
We're likely didn't use his real name when he met
with Clark's acquaintances, being fully aware of their violent backgrounds.
The use of aliases was really common back then. Remember
Harry's Simon, So Janny might not have known James Weir's

(18:04):
real identity. Lilly and Janny picked out James Weir's photo,
but she didn't call him by name. Now, all of
this is really speculative on my part, but it does
make sense within the big picture. Second, James Weir knew
everyone that Clarke was associated with, including Jonas Willard Green.

(18:26):
Because James Weir half owned the shingle shop with the Greens,
he might have been present at that beauty shop planning
meeting about the robbery and murders. Captain Bolton's confidential informant
possessed an awful lot of insider details that couldn't have
been known by anyone who wasn't at that meeting. Third,

(18:46):
James Weir was stationed in Washington, d C. In nineteen
forty when the male confidential informant contacted Captain Volton the
first time. Weir was also in the d C area
in nineteen fifty four. When Fullton was contacted the second time,
Volton wrote that the identity of his informant could never
be disclosed under any circumstances. I believe that's because Bolton

(19:10):
knew that if James Weir's name was revealed as the informant,
it might mean lights out for him, just like it
nearly was for Mary Branch. And let's not forget Duffy Jonas,
Willard Green's mechanic who disappeared in nineteen thirty six. There's
no statute of limitations on murder investigations, so James Weir
was never off the hook since he also carried Clark's secrets. Fourth,

(19:36):
the simplest explanation for James Weir's hasty escape from the
d C area in June of nineteen thirty five was
his fear of William Clark. Weir felt that his life
was in danger after Mary Branch was pommeled and slung
into a river in the middle of nowhere. If William
Clark had the fortitude to kill his own girl friend

(19:58):
because of what she knew, what made James were immune
Just like Mary, James Weir knew everything that Clark had done.
He left town with the military to get as far
away as he possibly could, leaving everything behind. When he
got back to d C in nineteen forty, William Clark
was still in prison and were felt safe enough to

(20:20):
contact Captain Volton with his intel about the Carborn case.
Weir came forward again in nineteen fifty four because the
information he possessed weighed on his conscience for nearly two decades.
Maybe he thought enough time had passed to get the
ball rolling again and clear his guilt. Sadly, as we
all know, nothing happened. My personal feelings about James Weir

(20:43):
are mixed. I don't believe that he was a career criminal.
He got involved with the wrong crowd after moving to Washington,
d C. From Poe Dunk, North Carolina. Weir wasn't savvy
about big city racketeers and he got sucked into William
Clark's world. Weir's father was a barber, so he probably

(21:03):
learned to cut men's hair at some point. James Weir
likely hooked up with Jonas Willard Green through his sister,
Niva Berardinelli, since she worked at the shingle shop prior
to opening the Modern School of Beauty. Gertrude Green brought
James were in to run the day to day business
in nineteen thirty four, eventually cutting him in on half

(21:24):
the proceeds, but Gertrude didn't do that for altruistic reasons.
The Greens needed a fall guy in case there were
any shall we say, legal troubles with the Treasury Department,
the precursor to the I R S. It really wouldn't
surprise me if the Shingle Shop and Green's Company Incorporated
were money laundering and prostitution fronts for the Greens, but

(21:48):
I can't prove it. When things got really serious and
James Weir found out about the Carborn murders, were told
the detectives only what William Clark told him to say
to give Clark a false alibi, no details, the intimidating
thumb that Clark pressured to keep his mouth shut. It's
possible that James Weir was already in fear of William

(22:11):
Clark after finding out about the double murder. When Clark
tried to kill Mary Branch, James Weir thought he might
be next on the list, so he cut and run
as far away from Washington, d c. As he could
get via the only path he had available that would
pay him to do it the military. When James Weir
thought it was safe to tell what he knew, he

(22:31):
did it as Captain Bolton's informant in nineteen forty. When
that went nowhere, he came forward again in nineteen fifty
four to offload his conscience one more time. At that
point we're told Bolton that the female informant was dead,
which brings me to Weir's sister, Niva Berardinelli, whom I
believe was the female informant. Niva Weir was born in

(22:55):
eighteen ninety seven in South Carolina. She moved to Washington,
d c. In nineteen twenty five and got a job
as a beautician at Woodward and Lowthrop's department store. She
married Edward Berardinelli in nineteen twenty six. Neva started working
at the Shingle Shop in nineteen thirty one, and she

(23:15):
was still working there in nineteen thirty five. Along with
her sisters Nettie and Sally. She opened the Modern School
of Beauty in nineteen thirty five in the same location.
Niva Berardinelli died in nineteen forty two at the age
of forty five. She was buried at Arlington National Cemetery
by virtue of Edwards service in the Army during World

(23:38):
War One. Edward remarried and moved to New Mexico. In
nineteen sixty four, he had Neva's body disinterred from Arlington
and moved to Columbia Gardens Cemetery in Virginia. Captain Bolton's
nineteen fifty four report mentioned that a woman present at
the planning meeting at Green's hair salon was named Emmanuel

(24:00):
Well and she was married to an Italian man, but
Volton didn't know her last name. In my mind, that
last name was BERARDA. Nelli. But the information is confusing
because later in the report it says that Immanuel's name
was actually Gertrude. There was also a prostitute by the
name of Marjorie whose real name was never found. Was

(24:22):
this confusion like a game of telephone where information gets
lost in translation and some of the names just overlapped.
It's hard to say, but here's what I do know.
The female informat worked for Jonas Willard Green in a
beauty salon. Niva Berarda Nelly worked at the Shingle shop,
which I've proven was half owned by her brother James

(24:44):
Weir and half owned by the Greens. The female informat
said that the best satisfaction she could get would be
to get back at Jonas Willard Green. The murders were
planned at his salon, and that William Clark and the
others were at this eating Again, that's intimate knowledge that
only a person who was present would know. Get back

(25:07):
at Jonas Willard Green for what for selling her brother out,
for taking advantage of him, for setting him up, for
failure to pay Neva or James, just like Jonas Willard
Green failed to pay his debts on credit to the
Flapper Dress Company. William Clark wrote a letter to Neiva
from prison to congratulator on opening the Modern School of Beauty?

(25:30):
Was that a psychological mind game? Clark's subtle way of
letting Niva know that he was keeping tabs on her movements.
Clark also told Neiva's husband, Edward, to quote, think of
me when you take your next shot ha ha, meaning
a gambling bed at the race track. Niva BERARDA Nelli
never wrote Clark back. The male informant told Captain Bolton

(25:54):
that the female informant was dead. By ninety four, Neiva
Berardinelli died in nineteen forty two. The female informant went
with Bolton to look for the garage and vehicle used
in the murders in the area of Seventh and End
Street in nineteen forty. When Nieva was still alive. Did
she need to clear her conscience? I have no idea

(26:15):
about her cause of death, so I don't know if
she was sick for a long time or if it
was something sudden, But dying at forty tells me it
might have been something a bit insidious, a prolonged illness.
There's no way to be sure. But between the mention
of an Italian last name, the timing for the search
of the car in nineteen forty, her death in nineteen

(26:37):
forty two, and the male informant telling Bolton she was
dead by nineteen fifty four, the pieces seemed to fit
together to me, especially since I do believe wholeheartedly that
her brother, James Weir, was the male informant. So what
happened to William Clark? He sat and stowed in prison

(26:58):
for five years and was grand had early release on
that eight year sentence. He was out by October of
nineteen forty and worked for McCloskey construction on projects around
the district for the Public Buildings Administration. His wife, Viola,
moved back in with Clark's parents by nineteen forty. Clark's

(27:18):
World War Two draft card, signed on October sixteenth, nineteen forty,
indicated that he moved back in with his mother and
father as well. Clark never served in the military. He
never reconciled with Viola and eventually granted her a divorce.
Viola remarried in nineteen forty eight, but Clark never did.
There was no additional information on William Clark until the

(27:39):
nineteen seventies, when he moved to Brandywine, Maryland and opened
Clark's Red Barn, a business that manufactured storage sheds. I
have no idea what happened to Mary Branch. The only
historical information I could find was her previous marriage before
she lived with William Clark. Mary was widowed her first husband,

(28:03):
John Branch, committed suicide in April of nineteen thirty. An
article in The Washington Post detailed his death domestic trouble,
cause of suicide. Man uses gas to end life. A
note says death only means out succumbs in hospital. The
domestic troubles of John Harrison Branch, thirty two year old

(28:25):
cabinet maker of Sixteenth and Streets Northwest, came to a
climax in his death at emergency hospital yesterday after he'd
been found unconscious in his apartment with gas escaping from
three open stove jets an hour previous. A note found
near the man declared that he'd been despondent because of
marital difficulties and chose death as the only means out.

(28:45):
Detecting the odor of gas, an elevator operator at the
apartment notified the apartment manager, who in turn called Missus
Mary Branch, twenty seven year old wife of the dead man.
Missus Branch instructed the manager to break the door in.
Missus Branch was employed at an f Street store and
was at work when the tragedy occurred. That article made

(29:06):
me wonder if John Branch found out that Mary was
cheating with William Clark and ended his own life as
a result, a legacy of tragedy would follow both Mary
Branch and William Clark. There was no information available after
nineteen thirty six on Mary Branch, and I have no
idea where she went, how long she lived, or how

(29:28):
she died, did she change her name, did she leave
d C. Did William Clark eventually do her in I
have no idea. It seemed like William Clark eventually aged
out of crime and went off into the sunset to
the thicket of southern Maryland until he died in ninety
one at the age of seventy two. He lived thirty

(29:50):
one years longer than Emory Smith and thirteen years longer
than James Mitchell. I don't know why William Clark was
never questioned about the murders in the interview in years,
why nobody followed up on the leads left by Captain
Volton and the other detectives. Why it wasn't worth the
effort to see what Clark had to say in the
nineteen fifties, nineteen sixties or nineteen seventies. Maybe he would

(30:15):
have confessed or stumbled, or at least given a little
more information to move the case forward. But as it stands,
he took all of his secrets with him. I was
talking to my cousin recently about Uncle Emery, and she
told me that her father, my great uncle Ray, at
the age of five, still wondered about the case and

(30:37):
why it was never solved. Uncle Ray was twelve when
Emory was killed, and that terrible memory stayed with him
for all of those years until he passed away. In
he told his daughters that the first thing he would
ask God was what really happened that morning? Seventy eight

(30:58):
years of wondering, seventy eight years now, eighty seven years later,
It's finally time for those questions to come to an end.
I rest my case against William Clark. Next week, I'll

(31:19):
talk about Clark's accomplices, Robert Jenny and Walter Oliver. I'll
deconstruct the statement of Francis Gregory, which was inadvertently torn
apart by my great aunt Edith during her police interview.
If you have information about the Carborn Murders, go to
the Shattered Souls Facebook page and leave me a message.
Shattered Souls The Carborn Murders is produced by Karen Smith

(31:42):
and Angel Hart Productions
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