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January 6, 2023 48 mins

S2 E3

Podcast Title: District Attorney Ben David Speaks 

On July 30, 2006, 34-year-old Allison Jackson Foy is last seen in Wilmington, North Carolina leaving the Junction Billiards Sports Bar where she spent the night drinking with a friend. The bartender calls a cab for Allison, the cab driver shows up at the pub around 2:00 am. Foy never returns home and has not been heard from since. In April 2008, two years after she originally went missing, Allison’s body was found in a ravine on a road called Carolina Beach Road. 

In this episode of Zone 7, Crime Scene Investigator, Sheryl McCollum, talks with the District Attorney, Ben David, on his experience with the cases of Allison Foy, and “Angela”.  He goes into extensive detail about Michelle’s success story regarding the same suspect in Allison's Foy’s and Angela’s case, and why it took old school police work to do the job. Ultimately, DA Ben David gives much detail as to why it’s easy to point the finger at who isn’t doing their job…but it takes just enough evidence to prove without a reasonable doubt. 

Shownotes: 

  • [0:00] Welcome back to Zone 7, episode three regarding the unsolved case of Allison Foy. 
  • [3:25] Sheryl McCollum gives the listeners a recap of Allison and Angela’s unsolved cases 
  • [4:24] Sheryl introduces District Attorney, Ben David to the listeners
  • [4:00] “Your victim today is your suspect, Tomorrow. And your suspect today is your victim, Tomorrow.” John Cross
  • [7:19] Question: Can you walk me through when you first learned about Allison and Angela and how you started piecing it together and what you thought immediately?
  • [8:18] DA Ben David details out another case involving the only suspect, Timothy Ioni and a woman named Sonya (name has been changed for this episode)
  • [9:24] Adverse Childhood Experiences[
  • [12:35] What is the Al Capone Method
  • [14:09] Once Ben David knew what was going on with Timothy Ioni, what were his first action steps?
  • [16:52] DA Ben David tells about the break in the case with suspect Timothy Ioni, and the story of 24 year old Michelle
  • [21:42] The Survivors Act
  • [23:18] “That is old school, boots on the ground, hands on every piece of evidence, type of police work that is just extraordinary.” Sheryl McCollum
  • [24:23] What is Y-STR testing?
  • [39:09] Question: Can you tell us about the verdict in Michelle’s case?
  • [40:27] “I've done my best to raise my two boys and get on with my life, he took a piece of me in those woods that I can't give to anyone else anymore.”  Michelle
  • [47:58] “You alone can make the difference in solving a case or getting justice for the victim.” Alice, The Prosecutor's Podcast 
  • [48:17] I'm Cheryl McCollum, and this is Zone 7
  • Thanks for listening to another episode! If you’re loving the show and want to help grow the show, please head over to Itunes and leave a rating and review! How to Leave an Apple Podcast Review: First, Open the podcast app on your iPhone, Mac, or iPad. Then, hit th
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Transcript

Episode Transcript

Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
Welcome back to his own seven y'all were going to
continue this series on the murders of Alison Foy and
Angela Rothen in the last two weeks we've been able
to speak with Lisa Valentino, Alison's sister, and Monica Cason,
who was the searcher that assisted the families and their

(00:23):
efforts to find their loved ones. And if y'all haven't
heard those two episodes, do yourself a favor and listen
to these two folks. They are not only incredible human beings,
but they are warriors. My great grandfather was a disc

(00:47):
attorney and a small jurisdiction in South Georgia. I grew
up on the front porch on those hot Southern nights,
listening to stories about his quick mind and the way
he applied the law so fairly. He had no choice
because it was such a small town. He knew everybody,
he knew every victim, and he knew every accused, so

(01:08):
he literally had to look at everything as fairly as possible.
He never went to law school. He just studied under
his father and became an attorney that way, which you
could do years and years ago. Ironically, my great grandfather
and the grandfather of District Attorney Louis Layton in Fulton

(01:29):
County were friends. And it was amazing to me whenever
I got to watch d A. Lewis Slayton in court
when I did my internship at nineteen years old, which
is the same age my great grandfather was when he
was admitted to the bar, that our families were friends.
And these connections are not lost on me, not historically,

(01:52):
not personally, because they formed the way I see, not
just my hometown court system, but the seed A system
as a whole. Justice is blind, y'all, but there's other
senses that she can use and here and in touching
to me or kid. So when law enforcement puts a
case file together to present to the distric Attorney, they

(02:16):
lay their case out, all the evidence they have, the witnesses,
how they see the case playing out almost in court,
and what you can present to your judge and jury.
And in this case, the detectives were able to present
this case more than once to District Attorney Ben David.
So Ben David is the d A own Alison and

(02:41):
Angela's cases. He's the one that takes all the case files,
reviews it and determines whether or not ethically and legally
he can move forward. So we are lucky today to
be able to get to sit with him and go
over what he has, more importantly, what he might need,

(03:02):
and how we can help him, including maybe getting people
to come forward. I believe there are witnesses out there.
I believe he's got family members that have information, drinking
buddies that have information, ex cellmates that have information. All
we need is one to break this case wide open. Now,

(03:25):
I just want to recap a little bit. Alison Foy
thirty four and Angela Nobles forty two disappeared a year apart,
Allison in two thousand and six and Angela and two
thousand and seven, but both their remains were found in
April of two thousand eight, just feed apart. Allison was

(03:48):
last seen at Junction Pub on July two thousand and six,
and Angela was last seen June tenth, two thousand seven,
at her own birthday party. But again they wound up
in a shallow grave together and law enforcement, of course,
could make no connection between the two. They did not
know each other. Angela's skull was fractured and some bones

(04:14):
in her face were broken the cause of death. There
was a cut to her neck. Allison was stabbed over
forty times. So I ain't gonna waste any more time.
I'm going to go ahead and introduce District Attorney Ben David.
Mr David, thank you so much for being with us today, Cheryl,

(04:36):
thank you for having me. What a wonderful introduction. I
didn't know that about your family. Might know. I have
an identical twin brother who's the elected district attorney in
the neighboring three counties, so it runs in our family
as well. Absolutely, I did not know that. Extraordinary, But again,
you and your brother both know what we're talking about
down there near Cape Fear, even the book that you wrote.

(04:58):
It is imperative that you under stand every facet of
your cases because you're going to know the victims and
the suspects as well. We say that today's victim is
tomorrow's defendant because frequently the people who come in and
out of this courthouse one day, they might be struggling
with an addiction. The next day they might be breaking
into a home or a car to support it, or

(05:18):
even prostituting their bodies. And actually, the case we're about
to talk about We had a young woman tell her
truth in the courtroom this week who I've prosecuted many times,
but she's also a victim, and she was able to
speak for women who couldn't speak for themselves. You know,
you just mentioned something because I think a lot of
people don't really completely understand our world. But I've got

(05:41):
a buddy, John Cross, and he always says, your victim
today is your suspect tomorrow, and your suspect today is
your victim tomorrow. That's right. It's the revolving door at
the courthouse we talk about where these folks are caught
in a cul de sac and despair. They seemingly are
in this never ending feedback loop where they are in
and out of victimization and and even jail in prison

(06:04):
because they're also taking that out on other people, are
hurting the community to continue hurting themselves in the case
of drug addiction. And the good news is I get
to know my whole community through this job, and I've
been the elected attorney for eighteen years now. That the
terrible thing is the way I get to meet some
of them. And obviously, the worst way to meet a
family is when their loved ones never coming home right.

(06:28):
And you and I have talked many times over the
years about this case, and you know, I've tried to
help in certain ways. I've tried to offer the invad
and different things, and I've gotten frustrated a couple of times.
I was frustrated, just like you are. And I've always
said to the families of the ladieshire talking about now
that we all want the same thing we do, and

(06:50):
we also understand your job. You get one shot. We
know that you get one shot, you know, but sometimes
when you didn't go to law school and you sit
there and you think, gosh, this case as a circumstantial case,
it's pretty solid. And you and I talked about the
nobody case you prosecuted and we're successful. And I'm like,

(07:10):
Mr David, you were successful in prosecuting a nobody case.
And here you have to how in the world are
we not a grand jury. So here's what I'm gonna
ask you to do on this particular episode. I know
you're a college professor and and your students love you,
and you've written a great book, but just talk to
me like I'm one of your students, because I didn't

(07:32):
go to law school, and it's not as easy as
just I'm gonna go in front of the grand jury
and get this guy indicted, because he's not just a suspect,
he's the only suspect. But just walk me through what
when you first learned about Alison and Angela and how
you started piecing it together and what you thought immediately
you just start like we're in your classroom. Sure, okay, Well,

(07:55):
right when these bodies were found, we developed information that
Timothy iron One, as a cab driver, because both of
them were waiting on a cab driver, was a lead suspect.
We knew that he picked up vulnerable young women, many
of whom were prostituting their bodies, and there was evidence
that Ms. Rothan was in that community, and so we said,

(08:16):
let's take a hard look at him. And there was
a case that had been resolved pretty recently in the
court system with a young woman who I'm going to
call Sonya Donya actually was friends with Angie. He was
a young woman who when she was growing up with
her mother and three uncles, became abused by them almost
immediately as a child. In sus victim, they actually threw

(08:37):
dead snakes on her in bed and said if you
ever tell anyone these snakes will be alive. She ended
up getting a terrible drug addiction to medicate that pain.
She ended up walking the streets for ten years, was
in all sorts of terrible circumstances over that next decade
where she was a street walker. The only time she

(08:58):
ever reported victimization to the police, the only time she
ever ran to them instead of from them, was the
night she met Timothy, I and Anny for the first time.
And I know you and I again. We see the
same people, even though we're in different states. But I
can tell you straight up, I have never dealt with

(09:19):
somebody that was a sex worker that was not sexually
abused as a child. That's right now, and that that's
what we mean by today's victim is tomorrow is defendant.
Very frequently, the young women who were in hotel rooms
and high on heroin and fentnell, they have very traumatic childhoods.
We call it ACES in North Carolina, Adverse childhood experiences

(09:41):
and adverse community environments. There's a whole science around that
that's probably better for another podcast, but suffice it to say,
Sonia was someone who absolutely was victimized throughout her life
and She never pretended to be a victim when she wasn't,
but when she actually was one, she frequently did not
report it because she looked at the police as the

(10:02):
enemy instead of friends. But on August two thousand seven,
Timothy I and he picked her up in his cab
and drove her to right behind the Pirates Table, which
is off a Ralligh road, and held her at knife
point and ended up sexually assaulting her, threatening her with
that knife to kill her, and actually tied her up

(10:23):
with duct tape. It was only when she was able
to wriggle free from that and talk him into getting
out of there that she ultimately was able to run,
literally kicking and screaming to the police. He was arrested
later that night and charged. The police were initially skeptical
they she went and got a rape kid. She claimed

(10:44):
to be a kidnap victim, but when we went to
try and find her in preparation for the trial, she
acknowledged to us in this trial that she went to ground.
She did not want to participate. She was ducking subpoenas
DT More couldn't find her. One of my prosut uters
at the time, Drew Lewis sent her a letter to
an address that she acknowledged wasn't even going to reach her.

(11:06):
That's what was listed in the police reports. And so
she ultimately had her case pled out to a felony
of what's called crimes against nature. And this was all
before we found Angie and Allison. So when that case
was resolved, it nonetheless had Timothy I and Any listed
as a suspect, and so that was resolved in November

(11:28):
of two thousand seven. Well, of course, this grim discovery
was made in April of two thousand seven in the
very spot that she claimed to be a victim, and
based on the fact that he was tied into at
least circumstantially to this, officers turned their full attention towards
Mr ian Ny. And so we couldn't prosecute that case

(11:50):
anymore because it had been resolved and it would be
double jeopardy to recharge. And even though we wished we could.
So what this office has done through the years, and
I hope you see from his criminal record that he
has twenty five felony convictions, including about twenty of them
post two thousand seven. We came up with every which

(12:11):
way to prosecute him for various financial crimes he had done,
mostly embezzlement and what's called obtaining property by false pretenses,
and we're able to make him a habitual felon so
that we can put him in prison for several years,
much the way that al Capone was put in prison
for tax evasion, even though we know he killed at

(12:31):
least eighteen people. Absolutely, I was just going to say,
y'all took the al Capone route, which is, again, you're
doing everything you can, but you've got two families here
that probably see it differently. Right, of course they do,
and and listen, prosecutors speak for the dead in murder trials.
We give victims a voice at the courthouse on the

(12:53):
conscious for this community anytime a crime occurs. The fifty
people who work in my office, the twelve hundred who
work law enforcement, they do what they do for a
living for people just like Timothy, I and Ny, and
just for victims like Angie and Allison. So no one
needs to give us a sermon about caring or wanting
what's right out of this case. Ethics rules prevent me

(13:17):
from talking about the facts of appending case. That is
three six and three eight of the ethics rules. Different
states do it differently, but we're not allowed to literally
say what we have and don't have in this case.
I'll tell you that we have submitted a lot of
evidence through the years two labs. We have interviewed dozens

(13:37):
and dozens of people, We have convened critical case reviews
to analyze what we have, and even gone outside this
office to get outside opinions. We have done everything we
could to say do we have enough? And it is
the learned opinion of every dispassionate senior prosecutor and most

(13:57):
of the police officers we've talked to that we simply
didn't have enough to go forward on the murder trials
to get those ladies justice. But we've always wanted to
put Timothy ian One away for anything absolutely. So once
you knew what did you instinctively go into action? What
was your plan? Like I said, go to the al

(14:19):
capone method first and see if we couldn't put him
in custody for anything, which we were ultimately successful in doing.
We also wanted to see if we could tie together
any other cases Mr ian Ony has, And just so
you know where we are, there's twenty different police agencies
in my district with like I said, over twelve officers,

(14:39):
and some of them change up through time. Now, of
course everything is on computers and you can touch a
button and print out a lot about someone's record or
what law enforcement touches they have, but that hasn't always
been the case. Prior to everything was still off of computers.
That is, it was offline. And then her to find

(15:01):
different suspect information, you have to methodically go through file
after file and that that's ultimately, by the way, how
we caught a break against Mr Ian Eddy. It is
hard to keep a secret in a small town. Everybody
knows the car you drive, they know where you live,

(15:24):
they know where you work, they know your children, they
know where you go to church. They probably know what
liquor store you like. Timothy an One was known to
law enforcement. They knew him. Prostitutes knew him, drug dealers
knew him. So you've got two polar opposite groups, police

(15:44):
and criminals that know this man. He didn't keep his
secret from any of them. But here's sometimes how it works.
A young girl, it's a drug addict that chooses to
make her living as a sex worker, often times goes
where the work is. So if Atlanta is having the

(16:05):
Super Bowl, she may go to Atlanta for a week
and leave Wilmington. She also may get arrested and go
to jail for a period of time. Nobody considers her missing.
Nobody thinks of her as she's vanished. They just think
she's either somewhere else working or maybe she got pinched.

(16:27):
That's it. So when you have someone go missing who
is known on the street, you tend to look at
your usual suspects. And in this case, it absolutely should
have been Timothy ian One. But everybody knew it, and
everybody knew sometimes he would hurt people, and everybody knew

(16:47):
that sometimes those people didn't show back up. Tell me
a little bit about when you have Sonia and then
you have another rape kick come with an additional victim,
but their cases are similar, so you've got a similar transaction.
Tell me what you did recently, in specifically June, a

(17:11):
young woman named Michelle was walking down the street. She
is not a sex industry worker. She had recently broken
up with her husband and she was trying to exchange
their two kids with her husband, and they missed each
other at a gas station, and so she was walking
back because she did not have a car. A man
drove by a couple of times and asked her if

(17:31):
she'd like to get in. She said no. He then
flashed a badge at her the third time and said,
you could be arrested for blocking traffic. You have two choices.
You can either get in my car and I can
take you to somewhere safe where you can call somebody
to pick you up, or I can take you to jail. Michelle,

(17:51):
who never been in trouble was raised to respect police officers,
said I'll get in. It was Timothy Ianni, and he
took her to a dirt road with woods where you
can scream and know and can hear you. And there
he brutally sexually assaulted her at knife point and also
had a gun on the floorboard of his car. Just

(18:14):
to reinforce the point that she wasn't going anywhere. He
left her on a heap on the ground and drove off.
This young woman was found by a jogger who just
happened to be coming through that remote area. He hailed
down a police officer at a more major intersection, and
then the rape investigation started. Michelle went to new head

(18:37):
of a Regional Medical Center, and thank goodness, got a
rape kit. That's a very invasive procedure that you probably
know about, but it involves, it involves getting any forensic
evidence from the victim. And that rape kit was collected
within an hour and a half of that incident. It
then sat on a shelf because back in six it

(19:00):
was the policy of the state crime Lab that you
couldn't send in a rape kit unless you had an
identified suspect. Well, two and a half months go by
and this young woman who's already been to the police
station to look through mug books and can't find anybody
who fit the suspects description that she thinks did it.
And that's because Timothy ian One, by the way, was

(19:22):
not in that mug book, even though we already had
a felony conviction and two prior misdemeanors that was through
the new handover County Sheriff's office, and those two agencies
did not yet have information that linked up with each
other for mug book purposes. So two and a half
months later, she's down at a bar in Carolina Beach

(19:43):
and she sees Timothy ian One in the bar. She's
sure it's him. She runs out of there to the boardwalk,
hails down a police officer from Carolina Beach and says,
the man who raped me two and a half months
ago is in that bar. You know again. Office service
in different agencies knew each other but didn't have each

(20:03):
other's investigative files. He called up to w p D,
an online and on call detective came down interviewed Mr Ianni,
who denied any involvement or ever being on Titanium Road
where this event occurred, said he didn't know her. He
said the detective who was on call, I'm not going
to arrest you tonight. You need to come on into
w p D so we can interview you further. They

(20:26):
did that the next Monday, after this weekend, and Mr
ian One essentially talked his way out of there with
the lead detective saying he wanted to follow up again
with the victim to show her a lineup now that
he had a picture of Mr ian any He couldn't
find that victim anywhere, and we think that's because Hurricane
fran happened five days after this initial sighting, and she

(20:49):
left not only Carolina Beach but the state of North
Carolina for the next several years, so w p D
closed that case is unsolved back in, and that rape
kid sat on a shelf for the next nearly quarter
of a century. Oh my lord. And so here's what happened,

(21:09):
Just so you know, in two thousand and seven, when
Timothy and he becomes a suspect for Signs Kim, the
lead detective doesn't even know that case exists because even
though he's now in a police report that says we
questioned him about this brutal kidnapping and knife rape back in,

(21:32):
they didn't even have access to their own records that
weren't online in the WPD, and so that detective was
unaware of that case. Fast forward the clock to nineteen
when North Carolina passes what's called the Survivors Act, six
million dollars appropriated in order to test untested rape kids.

(21:55):
Thank goodness for that. Many of us advocated for that
law to come into effect. So the state Crime Lab
turned to all the police agencies and sheriffs in North
Carolina and said, we want to test these untested rape kids.
We know there's thousands of them. Try to prioritize them.
Look at the worst of the worst that might be
in your stack not consent cases where DNA might not

(22:18):
resolve the issue. Look at stranger abductions, look at intruders
with weapons those kinds or really terrible people that are suspects.
So it was only at that point in the November
of that the detectives spread out five hundred and thirty
two rape kids at the w p D and said

(22:40):
where do we start. And that's where a young female
detective who looked through old police reports that again weren't
on computers, but we're from handwritten notes from just an
interview in a bar, said, oh, my goodness, Timothy ian
One is on here. And so that jumped to the

(23:00):
line as as one of the very first things that
was done. And so that's when we not only were
able to send in the rape kit from but also
d n A that we took from Mr iron One
in two thousand seven in order to try and solve
the case involving Sonya. Now, that is incredible police work.

(23:21):
That's how you absolutely that is old school, boots on
the ground, hands on every piece of evidence type of
police work that is just extraordinary. That's when this case
broke open and just a little wrinkle in this the
crime lab was so busy with these backlogged kits that
they hired a private lab in another state to process

(23:44):
many of them. And that rape kit was so old
and degraded that they said, there's something on the vaginal swab,
in other words, from inside the victim that says, we've
got d NA here, but it's so old and degraded
that we can't say much about it. This lab doesn't
have the tools and toys to do anything further, so

(24:05):
we have to say that this is inconclusive, but we
recommend that a state lab that has better resources take
a different look at it. And so that's when they
sent it back to w p D and a new
detective got involved and sent it to the state crime
lab and said, what else can you do? And there's
something called y s TR testing, and y s TR

(24:29):
is on the male chromosome. It's it's literally x y
and it's not as good as nuclear DNA. But comparing
it to a known suspect, and again we had Timothy
ions DNA, they batched up the various low SI there's
twenty two points of comparison you can make between Timothy
iannons degraded two thousand seven sample that was even missing

(24:51):
nine lows I itself against the rape kit sample, and
when we did that, they said, there's a one in
five thousand ants that anybody else would have this DNA.
And so if you're talking about a county of only
a hundred forty thousand people, seventy thousand of whom are males,
and even fewer that matched the description of being a

(25:13):
white male five ten to six ft and a hundred
eighty pounds, you're talking about only about fifteen people that
are walking around with that type of DNA. And that's
something a jury could understand. Not only could they understand it,
but here's the there's the next big break. We caught
Timothy Ianni has two brothers, Tom and Steve, and the

(25:37):
suspect called himself Tom to the victim. We know that Ianni,
when he would pick up prostitutes, would frequently use an alias,
and we knew on this night that he had used
his brother's identity as an alias, even saying that he
has a brother with two kids, talking about himself but
pretending to be this guy Tom. So, how do we

(25:58):
eliminate Tom as a suspect? Because, as you know, with
many much of this DNA that's not nuclear. Sometimes it's
shared by maternal and paternal relatives. Well, the great news
is that Tom ion Nuni and Steve Iannuni and Tim Ionnuni,
they all have the same mother, but they all three

(26:18):
have different fathers, and the y s tr is unique
to the paternal line, which means Tom was eliminated as
a suspect. He could not be one of those fifteen
people in New Hanover County who could have done this.
And I won't be able to understand too. Didn't Timothy
own his cab use his personal cell phone? Yes? Absolutely,

(26:41):
In fact, this was adduced at evidence as we were
trying to find other victims to say me too, because
that's obviously much stronger. When many women who are separated
by years and who have never met or all telling
the same story, we can link those cases up through
a common plan or scheme what they call in Latin
the modus operandi. And so we held a hearing back

(27:01):
in October before this trial where I said, judge, and
he was a great judge named Tom Wilson, visiting from Newbern.
I said, judge, let me tell you, as Paul Harvey
would say, the rest of the story. We know that
Sonia was was raped at knife point over the grave
of one of her friends and another woman. So Lee
Odam is going to get on the stand and talk

(27:22):
about those cases. That detective walked the streets for the
next several weeks after finding those bodies and found upwards
of seven other women who were all saying me too.
They're saying, I might be on the streets, but I
never signed up for this. And it was always the same.
He would say, I'll take you somewhere where you can

(27:44):
work off a favor for me to get a ride
to your next customer. And when he took them always
to these remote wooded areas, sometimes the very places where
Alison and Angie were found. He would hold them at
knife point and essentially torture them and sexually assault them.
None of those women reported it, except for Sonya, but

(28:04):
Lee was able to find them through just good old
fashioned police work and never giving up. We tried to
get other of those cases admitted into this trial. Only
Sonia's was allowed to be admitted. One of the women
has since died of a heroin overdose. Another one her
case was considered too dissimilar by the judge because you
have to match up a lot of points of similarity,

(28:25):
just like you do with this DNA we're talking about
for it to be relevant and missible. But nonetheless, we
knew exactly who we had in front of us back
in two thousand and eight. And that's what I tried
to present pre trial. And the judge heard just enough
to say, not only is Michelle going to be able
to tell her truth after a quarter of a century,
but Sonia, who was never able to really speak about

(28:48):
her victimization in a courtroom, She's now going to be
able to play a game of It's your Life tim
Ianni also and tell the jury what happened to her.
And both those women were courageous and brave and came
in and did it. And you know something, I have
a buddy, Ashley Wilcox, who is on Court TV as
one of their anchors, and she says, think about the emotional,

(29:11):
manic and greatest sexual escapage you ever had? Would you
want to walk into a room of thirty strangers and
tell them about it? I mean, here's the thing. People
try and raise consent defenses in rape cases. I remind
juries of a couple of things. These rape kits we're
talking about right now. For a woman to go in

(29:34):
and get a rape kit, she has not only spread
apart in this presence of strangers. After they put like
a black light all over called the woods, like to
see if anything's glowing on our body, they spread her apart.
They put Q tips inside of every orifice you can
think of, and then they have to pull not only
fifty head hairs for DNA comparisons against the suspect, but

(29:56):
fifty individual pubic hairs. Now who would sit met themselves
to that, let alone the humiliation of them having to
go in and retell that story to total strangers time
and time again in the course of an investigation, and
then come with your entire community watching in front of
not only twelve jurors, but maybe dozens of other people.

(30:19):
And there were in this courtroom watching. And that's why
I'm so proud of our local media for not giving
the names of rape victims who would want to report
it if they knew they were going to be on
the cover of the paper. For that, if you don't
want to tell complete strangers the greatest sexual experience of
your life, you've certainly absolutely and that's why that's why

(30:42):
it's the most underreported case in the criminal justice system.
In fact, I've heard and I don't know Sheryff you've
got this number at already, but I've heard only one
out of eighteen people who perpetrate a sex offense ever
taste the inside of a jail. For all the dynamics
we're talking about right now. And I'll say something else
that sometimes I get backlash forward, but it's the truth.

(31:04):
Nobody rapes one time, very frequently. What you see in
these cases, these things are a learned behavior and when
these guys figure out they can get away with it,
and they and they figure out that, particularly if you
have vulnerable victims, they're unlikely to come forward because of
maybe fear of police, and even if they do, those
cases are sometimes not handled in the same way in

(31:26):
different parts of our country. We have an absolute duty
to make sure that the road ends anytime someone is
saying that they've been sexually assaulted, because these cases always
happen again. Amen, Amen, Amen, And I think you can't
say that enough and people can't hear it enough because
you're going to be judged. And I hear all the time,

(31:48):
what was she where? And why was she there alone?
Why was she drinking. All these kind of things. Nobody
ever says, why was he there? Why did he go
with her? Why was he drinking? That's never say so again.
You know that you're the one that's going to be literally,
you know, judged by these folks well. And also there's
another dynamic, and that is that they're frequently victims are

(32:10):
so traumatized right after something like this happens that it's
like throwing a puzzle up into the air and coming
down and there's only pieces. And now you're getting them
to try and recount everything, and when their details are
all over the map, people think, well, they must be
making this up. I mean, obviously, if they just endured this,
that it's it's such an intimate thing, they'd be able

(32:31):
to recount every detail. That's not how trauma is stormed
in the brain. And actually Michelle did a great job
explaining to folks, I don't remember anything until actually being
at the rape Crisis center. If you tell me I
talked to a jogger, or I talked to two different
police officers there in the woods. I just don't remember it.
I'm not disputing it. I'm not disputing some of these

(32:51):
things I said but for for them to be cross
examine a cross examined about every little detail that they
might have missed. That's like asking Mrs Lincoln how the
rest of the play was. She's not going to be
able to tell you. She just knows her husband was murdered.
And it's just like when people say, well, she was
wearing a mini skirt, Hold up a second, twenty seven

(33:12):
years old wearing a mini skirt. Explained to me the
eight seven year old that was right, or the three
year old was right. My oldest rape victim in the
time I've been district attorney was nine five years old,
and I remember having a press conference immediately after a
case involving the rape of a senior citizen who was
eight one years old. And she insisted on holding a

(33:33):
press conference afterwards because she was a career newspaper reporter
and she knew the dynamic that a lot of people
didn't come forward, and because they don't frequently have spokeswomen
for this, she was going to be that spokeswoman. And
she said, you know what, if it could happen to me,
it could happen to you. This is a crime of violence,
it's not a crime of sex. And I encourage women
to come forward and do you know what happened? And

(33:55):
this was, by the way, in two thousand five, way
before the Me Too movement, the five allowing year, out
of forty two judicial districts out of a hundred counties
in North Carolina, we led the state in judicial districts
and in county in the number of reported rape cases.
And that's a good thing because the most underreported crime
finally had a woman who said, you know what, you

(34:17):
need to do this. And that's why I'm so proud
of Michelle after this case, insisting on saying, you know what,
I know that they haven't reported my identity up until now.
She's been living in a hotel for two and a
half weeks during this trial. Right after the verdict, when
she walked into that hotel, she said, everyone started cheering.
She said, you know what. The staff put it together.

(34:38):
They knew who I was, they knew how bad this
guy was. And I realized I don't need to run
from this. I didn't do anything wrong. He's to blame,
not me. I want to tell it. And so after
the sentencing hearing, which was the next morning, she wanted
to have a press conference and say it's important for
the trail to end when people are victimized, and the

(35:00):
only way to do that is to have these cases
handled when they occur, not a decade or in this case,
twenty six years later. What a remarkable hotel staff, what
remarkable people. And and Michelle deserves that. She deserves all
the support and care and love she can get. And
she didn't do anything wrong, and you mentioned it then,

(35:20):
But I just want to reiterate for people when you
look at these crimes of rate and you think, okay,
instead of a NiFe, he used a penis, and sometimes
people like Timothy I only used both. But it is
a weapon. It has nothing to do with sex at all,
that's right. I mean, how can you say a child
is a sex object or a year old person is?

(35:41):
I mean, it's a it's about power and control. And
and one thing that I said to that jury in
closing the argument out, as I said, Timothy Ianni is
used to being in control. He's like a writer of
his own horror story that's actually a true story, one
that has spanned three deck aids. And this last page

(36:03):
of the book that is his life, you get to write.
It's called the verdict sheet, and you have the power
of the pen. He's not in the woods now, he's
in our house, and you get to decide how the
story ends. And the only way that story ends is
guilty as charged a first degree rape, first degree kidnapping.
Put him in prison forever through your verdict, and they did.

(36:29):
If Timothy iron One is in prison, why is it
important to move forward on the murder of Alison Foy
and Angela Rawson. He will likely spend the rest of
his life there. But he's in prison for rape. He
is not in prison for murdering Alison and Angela. In

(36:54):
Atlanta during nineteen seventy nine to one, we had the
missing and Murder are Children cases in Atlanta, and I
had the opportunity to meet with and advocate for several
of those families over the years. And one thing that
they kept saying to me over and over and over

(37:15):
is they never got their justice. Wayne Williams was convicted
of two murders two adults. He was never convicted of
killing one of the children. Not one family of one
child got their day in court. Not one child's family

(37:37):
heard the evidence against Mr Williams in an open court.
Not one family had the opportunity to face the accused,
give a victim impact statement, tell the court and the
jury what these crimes had done to their family and
to them personally. Not one child's family was able to

(37:58):
see a jury from their community convict the killer of
their child. The families of the missing and murdered children
today feel cheated. Some of them even believe he didn't
commit the crimes. And again they've never seen or heard
all of the evidence against him. In their child's specific case,

(38:22):
Timothy an One is in prison. It matters to Lisa,
and it matters to Karina and the rest of their families.
It matters to be able to face that man in
open court, here the evidence against him, and give their
own victim impact statements. They deserve to see and hear

(38:43):
the evidence as well. They deserve to let a jury decide.
Cops sometimes make fun of detectives when cases don't make,
and detectives make fun of prosecutors when cases don't make,
and prosecutors might make fun of judges when cases don't make.
But we all are on the same team. And even
though in the past I just could not wrap my

(39:04):
mind around why you could not go forward, but I
respect so much what you did on Michelle's case. Tell
everybody the verdict. The jury was out an hour and
forty minutes and they came back guilty as charged, not
only of both of those counts, and that's all he
was charged with in this case. But there were three

(39:24):
different theories of first degree kidnapping under North Carolina law.
One is that you kidnapped someone for the purposes of
committing a sex offense. Well, if the underlying felony that
you convict on is a rape case, you have to
do what's called arrest judgment on that first degree kidnapping.
It's essentially a double jeopardy principle that you can't punish
him for first greet kidnapping if the underlying basis to

(39:47):
make it first degree kidnapping is also a sex offense.
So what we also did is indicted him on two
other legal theories, one with the left her in an
unsafe place, which also converts a second degree kidnapping to
first degree, and we said he left her out in
the woods, and also that she has suffered permanent injury
um and we're not talking about any bruises and he cuts.

(40:11):
There was no nothing in her medical exam that showed
any injuries at all, but the mental injury, the trauma
that she experienced. She said, I haven't been able to
trust men after this. I haven't been able to trust
police officers after this, because he pretended to be an
undercover cop. And even though I've done my best to
raise my two boys and get on with my life,

(40:32):
he took a piece of me in those woods that
I can't give to anyone else anymore. And in the
fullness of time, we know that that is a true
statement based on what her last quarter of a centuries
looked like. The jury found him guilty not only a
first degree rape, but first degree kidnapping under all three
of those legal theories, which means the judge could have

(40:53):
both convictions before him when sentencing, and he did what's
called box car or consecutive sent and he max him
out under the law. And because Timothy I and Onni
had a terrible criminal record, even though he had a
pretty minor record back in I was able to successfully
argue that we should consider his record in today's terms,

(41:14):
not back when he did the crime. So he had
a much greater sensing enhancement because of those more than
twenty prior felony convictions that my office loaded him up
with through the years to make him al capone. So
in tandem with both of those things, both with this
great verdict that the jury so deliberately made sure it
give us all the tools in the belt to send
him most and with the enhanced punishment because of his

(41:38):
greater habitual felon record, we were able to box car him,
meaning run those senses consecutive to each other and maxim out.
So the mandatory minimum he has to serve is forty
nine years in prison to fifty nine and a half,
and at age sixty one, that means he's not eligible
for release till he's a hundred ten years old. I

(41:59):
love everything about at and I love the fact that
he will never see the light of day outside of
prison ever in his pathetic life. So what I'm also
prayerful of is because of that, there's no chance he's
getting out. So maybe somebody will feel more confident to
come forward that maybe has some information about Alison and Angela,

(42:21):
his wife, for example, somebody he drinks with a buddy,
somebody he was locked up with he's bragged to, somebody
he's told somebody there was another victim he told about it.
Why don't you tell people where he raped one person
at the graveyard? That's right, well, Sonia was raped at
the graveyard. I mean that was that was on three
twelve Raleigh Street, which was within walking distance of where

(42:45):
Angie and Allison were found. So yes, and here's the thing.
That's why we wanted to hold this press conference after
the verdict. Not only did we want Michelle to speak
her truth, but I met with the Chief of Police
ahead of that time and said I on a dedicated
phone line set up for the community to call in
with any tip moving forward on Alison and Angie's cases.

(43:08):
Because in my experience, and I've had now twenty three
as a prosecutor trying these murder cases and rape cases,
is when people understand that a terrible individual is never
getting out, it changes the game in terms of people
fearing reprisal, retaliation and retribution. Absolutely, they sometimes come forward

(43:28):
with details that only the killer can know in the
case of a murderer, and so we have cracked cold
cases many times where you know, it is the wife,
it is the daughter, it is the drinking buddy, it
is the cell mate who says, you know what, this
guy can't hurt anybody anymore. I want to be able
to finish up some unfinished business. This is being weighing

(43:51):
on me. And so that that is still what we
are hopeful about, that someone who knows something about those
cases will come forward. Absolutely remain committed to taking those
cases forward if we're able to prove it in a courtroom.
And just to just to tie that off a little bit.
It's not whether we can get an indictment. It's not
whether we can buy probable cause standard say that he's

(44:14):
responsible for those cases. We've already said that in a
courtroom through these what are called four or four be hearings,
these other crimes evidence thing to give the judge a
full view of how he came onto our radar screen,
why we drew his DNA and tested it against the
other one we had to give the judge out of
the presence of the jury in this rape case. The
reason for why we were doing all of that. The

(44:34):
issue is not whether he likely did it, it's whether
we can prove it beyond a reasonable doubt. And again
I am not able because of the ethics rules to
show you the evidence we have or don't have in
that case. You're absolutely right that circumstantial evidence can be
every bit as powerful as direct evidence. I told the jury,
For instance, if I'm trying to prove that it's raining outside,

(44:57):
I can call a witness who is it a window
because we might be in a windowless room right now,
as a jury, who can testify under oath that it's raining.
Or I can bring in someone dripping wet who's holding
an umbrella and a rain jacket, and that's physical evidence.
That's circumstantial evidence. We can try some cases where we
don't even have direct or circumstantial but we have a

(45:20):
pattern of conduct. And that's in fact what I did
with the James Bradley case that you mentioned earlier, the
Nobody homicide, which could be its own podcast. We have
done cases like that before. Every case is unique. We
look at the evidence before us and the laws that
apply to determine whether we can get justice in a courtroom,
and we never ever give up. He said to Sonia

(45:42):
in those woods, He said, my wife's been cheating on me,
and I want a killer, but I can't, so I'm
going to kill you instead. I mean, justice does not sleep,
just asked Timothy I and nony A case from twenty
six years ago is the reason he's in jail tonight
and will be in prison for the rest of his life.
And I have to say, watching that press conference, the

(46:05):
one sentence that just leaked out at me is when
you say it and I quote, we are not finished
with Mr iron One. That's right. I can't thank you
enough for being with us today. And I appreciate you
taking my calls through the years. I appreciate you taking
my uh not always so understanding, you know, attitude, you

(46:31):
know towards what you are orn't doing. I want you
to know I appreciated those calls. And I talked to
Lisa Valentino right after the verdict and I said, you know,
if this happened to someone I love, like a sister,
I would be in that d a's office screaming every
day too. I respect you, Lisa. This is not about
being on a different team. We want the exact same thing.

(46:53):
You just have to understand that there are folks trying
to do everything we can within the bounds of the
law to hold the man we believe if responsible for
your sister's death. With that, we've tried every which way
to do that through the years, and we have we
were continuing to do that and we are not finished
with Mr Iryan money. If you have any information on
who murdered Alison Foy and Angela Nobles Rothan, there's a

(47:17):
tipline nine one three three zero zero, contact the Wilmington's
Police Department and let them know what you know. It
doesn't matter if it's a little thing and you don't
think it's significant, let them decide whether or not it's significant.
You may have the information that could crack this case

(47:38):
wide open. If you don't want to contact law enforcement,
contact the Q Center, contact Zone seven, reach out to someone,
whether it's crime stoppers or anybody you trust. You can
make all calls anonymously, but let somebody know what you know, y'all.

(48:00):
I'm gonna end Zone seven like I do always with
a quote from someone from my Zone seven. You alone
can make the difference in solving a case or getting
justice for the victim. And that comes from Alice from
the Prosecutor's podcast. I'm Cheryl McCollum and this is Zone seven.

(48:32):
Next week we wrap up this series on Alison Foy
and Angela Nobles with Angela's sister Karina. We've heard from
family members, we've heard from one of the searchers, and
we've heard from the disc attorney. This case is gonna
take all of us, so join us next week on
Zone seven.
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Host

Sheryl McCollum

Sheryl McCollum

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