Episode Transcript
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Speaker 1 (00:01):
Welcome everyone to
Podcast 69 South, where we cuss
and discuss true crime, coldcases, current events and hot
topics, along with our state ofsociety today.
This is your trigger warning.
Our podcast content is producedfor adult listeners, 18 years
of age and older.
We discuss situations that maybe offensive and triggering to
(00:21):
some listeners.
Sit back, relax and enjoy.
Speaker 2 (00:37):
A woman who was
sentenced to more than 200 years
in prison for killing sevenpeople, including six children,
returns to a Morgan Countycourtroom.
Judy Kirby wants a new trialmore than a decade now after she
caused that deadly crash.
Our Eyewitness News reporter,rich Van Wyk, went to
Martinsville for Kirby's latestcourt hearing today.
Speaker 3 (00:55):
It will likely be
months before Judy Kirby and her
victims know whether she willget a new trial.
Her first trial ended with aguilty verdict and 215 years in
prison.
Speaker 1 (01:06):
Welcome back
everybody to 69 South.
We are so glad you're back withus listening to our dark crime
stories.
I am Chop your host, and withme always is my beautiful
co-host, julie.
Speaker 4 (01:16):
I'm good and I'm here
to help unravel the stories
that haunt us.
Today we're diving into aheartbreaking case from Morgan
County, indiana, the story ofJudy D Kirby.
On March 25, 2000, a singlemoment changed countless lives,
leaving a trail of loss andquestions.
This story begins at 4.57 pm ona quiet evening at the
(01:43):
intersection of Pumpkin VineHill Road and State Road 67,
just north of Martinsville,indiana.
If you're not from around here,it's a small town, the kind of
place where neighbors know eachother and life moves at a steady
pace.
By a horrific head-on collisionbetween two vehicles, a white
(02:05):
1989 Pontiac Formula and a blue1994 Plymouth van the impact was
catastrophic, reducing bothvehicles to mangled wrecks and
leaving emergency responderswith a scene they'd never forget
.
Speaker 1 (02:20):
In the Pontiac we
find Judy D Kirby, a 32-year-old
mother of 10,.
Behind the wheel With her wereher four children her sons
Johnny, 9, and Jacob, 5, and herdaughter Jordan, who was 12
years old, and also her nephewJeremy Young, 10, who was also
celebrating his birthday thatday.
Tragically, all four childrenperished in that crash.
(02:41):
Their lives cut short in aninstant.
Judy survived, but her injurieswere severe and she was rushed
to Methodist Hospital in thatcrash.
Their lives cut short in aninstant.
Judy survived, but her injurieswere severe and she was rushed
to Methodist Hospital inIndianapolis.
I saw some of the wreckage ofthis actually from a good little
distance.
I was actually coming downsouthbound on Highway 67 that
day and I saw lifelinehelicopters flying into that
(03:03):
area and probably I don't knowmaybe 20 or 30 cars in front of
me was the wreckage, but peoplewere crossing the highway and
going the other way and it was.
I mean you could just tellsomething bad happened.
I had no idea that it was thisbad.
I mean you couldn't tell whatthe vehicles were from my
vantage point.
Speaker 4 (03:21):
Wow, that's crazy
that you've seen it.
I remember it happened.
My vantage point Wow, that'scrazy that you've seen it.
I remember it happened.
I think I was a junior in highschool or something like that
whenever it happened, but Iremember the news about it.
It was crazy.
Now, in the Plymouth van drivenby Thomas M Reel, a 40-year-old
(03:41):
truck driver and co-founder ofSeedline Christian Ministries,
the loss was equally devastating.
Thomas, his daughter Jessica 14, and son Bradley 13, were
killed on impact.
A passenger, 13-year-oldRichard Miller, survived but
sustained life-altering injuries, including a compound shoulder
(04:04):
fracture, a broken femur andmultiple internal traumas.
He, too, was taken to MethodistHospital, listed in serious but
stable condition.
Speaker 1 (04:13):
Now the scale of this
tragedy seven lives lost, six
of them children, sentshockwaves through Martinsville
and beyond, emergency workers,hardened by the years of service
, later admitting to havingnightmares about the scene.
The crash site, just north ofWilbur Road on State Road 67,
became a somber landmark, markedby seven crosses that stand to
(04:34):
this day as a memorial to thelives lost.
Yeah, you can still see thecrosses there.
They are still there.
I'll tell you what.
They are still there.
I'll tell you what.
When they say it was fourchildren and Judy Kirby, in that
little Pontiac formula, it'slike a Firebird formula.
They're not very big on theinside.
(04:54):
I mean the front seat usuallyhas two bucket seats with a
lift-up console in the middle ofthem.
I had an 84 Firebird.
There's no reason, I know this.
And the back seat is barely bigenough for.
Speaker 4 (05:06):
Is it like two bucket
seats?
Speaker 1 (05:07):
Absolutely yes.
Speaker 4 (05:09):
Where nothing can
really fit in the middle.
Yeah, it's like only for fourpeople.
Speaker 1 (05:14):
Absolutely Four
people at best safely.
Speaker 4 (05:17):
Wow, and there was
four kids and Judy Kirby in
there, right.
Speaker 1 (05:21):
So she had three kids
squashed in the back, which is
a tight fit especially for alittle bit older kids.
Speaker 4 (05:30):
Wow, I bet they were
scared to death.
Almost immediately, the MorganCounty Sheriff's Department
launched an exhaustiveinvestigation led by Deputy
Scott Hamilton.
The evidence was chilling.
Judy's Pontiac had beentraveling northbound in the
southbound lanes of State Road67, a divided highway, at speeds
(05:51):
estimated between 60 and 100miles per hour.
Witnesses reported no signs ofbraking or attempts to correct
her course.
The collision with ThomasReel's van was head-on, with a
force that left little chance ofsurvival.
Hamilton, along with coronerBrian Ringer and prosecutor
Monte Kivitt, worked through thenight meeting at Costin's
(06:14):
Funeral Chapel at 2.15 am topiece together the events
leading to this disaster.
Speaker 1 (06:20):
The investigation
pointed to Judy as the catalyst
for the tragedy.
The investigation pointed toJudy as the catalyst for the
tragedy.
On April 14, 2000, hamiltonfiled an affidavit requesting
for an arrest warrant chargingJudy with seven counts of murder
four counts of neglect of adependent resulting in serious
bodily injury and one count ofaggravated battery.
The question wasn't what justhappened, but why.
(06:42):
Was this a tragic accident, amoment of mental collapse or
something way more deliberate?
To understand, we need to stepinto Judy's world and the hours
leading up to the crash.
Speaker 4 (06:54):
Now, judy Kirby was a
complex figure, a mother of
eight biological children andtwo adopted, navigating a life
marked by personal struggles andfractured relationships.
Born in 1968, she had beenmarried to Victor Kirby, with
whom she shared five children,including Jordan, joni and Jacob
(07:17):
, who died in the crash.
After their divorce, judy begana relationship with Tenny Kirby
, father to her younger children, including Joshua, justin and
Michael.
Her nephew, jeremy Young, whoshe had taken under her care,
was also part of her extendedfamily and she looked after them
(07:41):
for her sister, linda.
Speaker 1 (07:43):
You might notice that
the children and the first two
guys had the same last name, andthat's because Tenny was
actually Victor's uncle.
Now, on March 25th in 2000, theday of the crash, Judy's
actions seemed routine.
At first.
It was Jeremy's 10th birthdayand she was determined to make
it special.
At 11 30 am she left her southside Indianapolis home in her
(08:06):
Pontiac Firebird with Jeremy intow, heading to her sister
Janetta Scott's house in Actonto pick up Jordan, Joni and
Jacob.
By noon she arrived and around2 pm she left with all four
children planning to visit ToysR Us in Greenwood to buy a
birthday gift for Jeremy.
Janetta followed in her own carbut lost track of Judy when she
stopped in traffic on SouthportRoad around 2.30 pm.
(08:29):
Unable to find her, Janettareturned home unaware of the
tragedy unfolding.
Speaker 4 (08:36):
Now, judy's behavior
that day raised red flags.
Witnesses described her aserratic, driving at high speeds
and weaving through traffic.
Witnesses described her aserratic, driving at high speeds
and weaving through traffic.
Between 3 and 3.30 pm a manworking in his yard on Ralston
Road saw Judy stop her carbriefly in front of his house,
appearing disoriented.
(08:57):
Now, at Valleybrook Mobile HomePark, about 40 minutes before
the crash, resident Dan Owen sawher driving slowly, seemingly
lost and unresponsive.
And then there were two morewitnesses.
They reported seeing her at anintersection accepting a
(09:17):
cordless phone from someoneholding up traffic as if in a
daze there was a coupledifferent weird things that
actually happened up in thattrailer park.
Speaker 1 (09:28):
Where the guy said
she seemed dazed, witnesses said
that she had pulled up.
They were having a baby showerat a clubhouse and they saw the
white Pontiac pull up and theyasked her hey, can we help you?
Because nobody at the babyshower knew who she was or any
of the children.
At first I guess they thoughtshe might have been one of the
guests that they invited, thatdidn't show up or whatever, and
(09:51):
they was asking her questionsand all she said was she was
looking to find a birthday partyor she needed a birthday party.
So they thought that she hadthe wrong clubhouse and they
give her directions to the otherclubhouse in the mobile home
park and then she drove off andthat was the last they heard
from her there.
That was the last they saw ofher.
Yeah, wow, her sister wasfollowing her and kind of
(10:15):
wanting to make sure she was allright.
I guess they were havingconversations about this, that
and the other.
Her sister said that she hadtold Judy to take a shower and
the police had asked her in aninterview why did you tell her
to take a shower?
And she was like, well, justkind of change the subject and
get her mind off things.
Her sister was following her inher car and they had went to
(10:36):
the car wash and after they leftthe car wash they come up to an
intersection and her sister,janetta, actually thought Judy
was having car problems andcould, because she just paused,
like in an intersection, and shehad drove around her like she
was in a daze.
Yeah exactly Like you said drovearound her and then, when her
sister drove around her, JudyKirby took off and basically
(10:58):
just lost her.
Speaker 4 (11:00):
And she didn't see
her anymore after that.
Speaker 1 (11:02):
That's right.
Speaker 4 (11:03):
She couldn't find her
.
I think she went to, drove to afew different department stores
and ended up at the Walmart andshe was gone.
Speaker 1 (11:13):
Her sister had said
she was just following her to
make sure she made it homesafely, so obviously she was a
little bit worried.
Speaker 4 (11:19):
Something was going
on.
Speaker 1 (11:20):
Absolutely Now.
The final moments before thecrash were harrowing.
Witnesses along State Road 67painted a consistent picture of
Judy's Pontiac speedingnorthbound in the southbound
lanes, ignoring the wrong waysigns and median turnarounds.
Steve Porter, stacking woodnear his home, heard an unusual
engine noise and saw Judy's carveer into oncoming traffic,
(11:44):
striking Rill's van withexplosive force.
Eva Wrangler, a passenger inanother vehicle, described the
Pontiac as flying up the exitramp packed with children.
Amy Davis, traveling withWrangler, had to swerve to avoid
a collision narrowing, escapingdisaster.
Speaker 4 (12:02):
I bet what she means
by that exit ramp is there's
like a little pull-off sectionright before you get to where
you can go into Lake Edgewood.
Speaker 1 (12:12):
Absolutely yes.
Speaker 4 (12:12):
And it's not really
an exit ramp but it's a piece of
shoulder you can pull off ontoand that's like midway.
That's almost to Wilbur Road,so I would say that's about
halfway before the crashhappened.
Speaker 1 (12:29):
Now we drive down
this section of highway
literally daily.
I could only imagine comingsouthbound, coming home from
work and seeing a PontiacFirebird going 60 to 100 miles
an hour, not veering basicallyanything, just like a rocket
headed the wrong way down theone-way double lane highway.
Speaker 4 (12:50):
I couldn't even
imagine it.
Now, other witnesses echoed thechaos.
Jerry Pearson saw the Pontiacspeed passed at over 60 miles
per hour.
Airborne after the impact, jeffSpicer estimated Judy's speed
at 55 miles per hour.
Airborne after the impact, jeffspicer estimated judy's speed
at 55 miles per hour or higher,noting that the explosion that
(13:12):
followed.
Now william fugate and jonikane saw the car flying at 80 to
100 miles per hour, trailingblue smoke.
Becky smith and sienna shoe fitand tracy van hook described
judy weaving through traffic,forcing other drivers to dodge
(13:33):
her at speeds of up to 90 milesper hour.
Tracy noted a small boy in thefront of the seat, possibly
clutching to the dashboard inthis tiny car, with Judy's
blonde hair blowing in the windas the car's T-tops were off.
Wow, so just think how scarythat makes it more.
(13:55):
You have no roof over your headat all, and do cars come with
T-tops anymore?
Speaker 1 (14:03):
I haven't seen T-tops
in a long time.
Now that you mentioned that, Idon't think they do.
Speaker 4 (14:07):
I know they come with
sunroofs and stuff like that,
but I haven't seen T-tops on acar for years.
Speaker 1 (14:13):
T-tops were the shit
I have to say.
Could you imagine the interiorof that car?
I mean, she's freaking out.
The witnesses are saying thatshe looks stoic, she's on out.
Speaker 4 (14:25):
The witnesses are
saying that she looks stoic,
she's on a mission, she's on amission.
Speaker 1 (14:27):
I bet all the kids
were just screaming Mommy, stop,
mommy, stop, or just screamingbloody murder, it just had to be
her, and it's like she didn'teven hear him.
She's definitely on a mission.
I think some of the witnessesalso said that she seemingly
went for the van because it wasa bigger vehicle.
I mean, she was definitely.
(14:47):
She knew what she was doing.
Absolutely.
She knew what she was doing.
The physical evidence wasequally damning.
Judy's Pontiac Firebird had flewstriking the Plymouth van head
on Investigators Jeff Buskirkand Danny Allen, reviewed
security footage from a Speedwaygas station where Judy was seen
(15:09):
pumping gas and buying candybars just before the crash.
That's kind of a haunting,mundane moment.
Speaker 4 (15:15):
Because that's right
there, like four seconds from
the crash.
Once you pull out and gostraight up, I mean you're there
within a minute.
Speaker 1 (15:25):
You buy the kids
candy bars and then take them on
the death ride.
Speaker 4 (15:30):
That's nuts.
Speaker 1 (15:32):
Search warrants for
Judy's car and blood samples
were attained.
Her blood tested negative foralcohol or drugs, ruling out
substance abuse as a factor inthe crash.
Speaker 4 (15:42):
That makes it even
more crazy, because I mean, I'm
not saying her, it just makesyou think oh my gosh, this lady
was not on drugs, she was notimpaired chemically or anything
like that, and she still didthis.
Speaker 1 (16:02):
It's really hard to
swallow.
Speaker 4 (16:17):
Well, judy's state of
mind became a focal point for a
major depressive episode withpostpartum onset triggered by
the birth of her youngest child.
Just five months earlier, judywas prescribed Zoloft for
depression and Synthroid.
Claim he denied and a fearedfederal agents were watching her
(16:38):
.
So she was paranoid, thinkingthat Teenie was a federal
(16:58):
informant.
Like was she moving drugs?
Speaker 1 (17:02):
I've read some
accounts that she was selling
some pain pills up there on thesouth side, but Kathy Walker,
another sister, had confirmedJudy's medication regimen and
noted no history of alcoholabuse.
However, judy's ex-husband,victor Kirby, revealed that she
believed someone was watchingher, a paranoia echoed by her
(17:22):
son, justin.
Victor had planned to takecustody of their children that
day, but couldn't explain whyJudy was in Martinsville.
Wow, so that really makes youthink she wasn't chemically
(17:47):
impaired.
Speaker 4 (17:47):
He's saying that
she's a good driver and she did
have a lot of kids.
So her body had been pregnantfor many, many years.
I mean I think her youngestchildren was five months two,
three and a half and four.
Speaker 1 (18:05):
That's enough to make
anybody that's her youngest
four Crazy.
Speaker 4 (18:07):
So I guarantee you
that postpartum depression
played a major, major role inthis.
And this was like at a timewhere a lot of women were going.
This is when postpartumdepression kind of became real
big.
You had that woman with thesilly string murders that she
(18:29):
got accused of killing her kidand I think she tried to say it
was that.
And then there was a few othersthat during that time period of
10 years it was kind ofprevalent on the news.
Speaker 1 (18:44):
It's definitely a
serious issue with women.
Speaker 4 (18:48):
Definitely.
Speaker 1 (18:50):
I'd say she probably
was a pretty good driver.
I'll tell you those Pontiacformulas, the formula version of
those Firebirds.
They had V8s in them and a lotof them had five, even six speed
transmissions in them.
So they were like a muscle carof that year of car.
Speaker 4 (19:04):
So it wasn't a little
piece of shit, right, it was a,
it was like a race car, youknow I didn't know what these
cars look like and I was likewell, I gotta see what these
look like so I can describe itto people.
Because if I don't know what itlooks like and the best way I
could describe it is, like youknow, it was like a flashy 1980s
car where you have big hair,big bands.
Speaker 1 (19:28):
Yeah, absolutely.
Speaker 4 (19:29):
With the little
headlights that pop up on them
kind of like a.
Trans Am.
That's exactly what it is.
It's a.
Speaker 1 (19:37):
Trans Am.
It's exactly what it is.
It's a Pontiac Formula Trans Am, if you can imagine what the
car kit looked like.
Remember the old show Kit.
No Kit was a Pontiac Firebird,if you can imagine what the car
kit looked like.
Speaker 4 (19:45):
Remember the old show
kit?
No.
Speaker 1 (19:45):
Kit was a Pontiac
Firebird.
Basically the same car had thetwo little headlights that
opened up and closed and most ofthem did have T-tops on them.
But the Formula versions ofthem were fast.
They were beefed up a littlebit.
Speaker 4 (19:57):
Wow.
So attorney Marian Wunderprovided critical insight into
Judy's mental state.
Judy was emotionally distraught.
She was convinced Tenney'salleged drug activities had put
her under federal surveillance.
The attorney noted that Tenneyhad fueled Judy's fears, leading
(20:18):
to erratic behavior.
In a recorded interview, judydenied significant conflict,
saying she hugged her childrengoodbye before heading to her
sister's.
Speaker 1 (20:30):
Yet she admitted to
frustration, stating Her medical
records offered further context, need help.
Her medical records offeredfurther context.
Dr Michelle R Babin-Nelson anda social worker, michael Kinney,
(20:50):
documented Judy's March 2ndadmission to St Francis for
hypoventilation and suicidalthoughts, diagnosed with a
depressive episode.
She was released after two daysagainst medical advice with no
noted driving concerns.
Her thyroid conditionhyperthyroidism was suggested by
(21:12):
her defense as a factor thatcould have distorted her
perception of reality, butmedical experts found no
evidence of it impairing herdriving.
Speaker 4 (21:18):
I do believe that
that can be because she was
hyper, meaning her body wasproducing a lot more hormones
than it could have, mixed withpostpartum depression.
I mean, that's just like ahurricane and a tornado mixed
together.
That's a bad outcome.
Speaker 1 (21:35):
I agree that's a
serious problem, and especially
if you think the feds arewatching you.
I mean, I don't know if thatwas part of it.
I never knew this about thisstory.
I mean, everybody knows thestory about Judy Kirby and her
wrecking, but this stuff abouther thinking the feds was
watching her and the defenseabout the thyroid issue, that's
news to me.
Speaker 4 (21:55):
The investigation
culminated in a detailed
affidavit by Scott Hamiltonoutlining Judy's route and
actions.
Outlining Judy's route andactions From Valleybrook to the
crash site.
She navigated stop signs,traffic signals and a divided
highway, yet drove at lethalspeeds for nearly two miles in
the wrong direction.
(22:15):
The evidence suggested a womanunder immense psychological
pressure, but no clear motive,whether suicide, psychosis or
intent emerged.
The community mourned the lossof Jordan, jacob, joni, jeremy,
thomas, jessica and Bradley,while Judy faced a legal
reckoning.
Speaker 1 (22:37):
It's like something
hit her at the gas station.
I mean she drove normal fromthe trailer park by every
account that they could find.
Speaker 4 (22:44):
She was triggered by
something that happened at the
gas station, Did she?
I mean, they had cell phonesback then.
Did she get a phone call?
I?
Speaker 1 (22:52):
don't know, in 2000?
, did she see?
Speaker 4 (22:53):
something at the gas
station Did she see like a
vehicle and she was paranoid.
And then she was like, oh myGod, this is it.
Speaker 1 (23:01):
I don't know, they
had like maybe them little
calculator, cell phones, I don'tknow the flip phones.
Speaker 4 (23:07):
Yeah, I got my first
cell phone in 2001, and it was
one of them Nokia flip phones.
It was right before the Razorscame out.
Speaker 1 (23:15):
Yeah, I guess I did
get mine in 98, but it was like
a calculator, you know what Imean, like the Nokia flat little
box phone.
When I say by calculator, Imean it had the numbers like an
old calculator you know what Imean.
Speaker 4 (23:27):
And you had the T9
texting yeah man.
Speaker 1 (23:40):
This tragedy set the
stage for a high-profile legal
battle that would captivateMorgan County and test the
boundaries of justice, mentalhealth and accountability.
Speaker 4 (23:47):
Let's dive into the
trial of Judy Kirby and the
arguments that shaped it, andthe sentencing that followed the
trial of Judy Kirby began onApril 23, 2001 in Morgan County
Superior Court, presided over byJudge Jane Spencer Craney.
Due to intense media coveragein Morgan County, the jury was
selected from Dearborn County toensure impartiality, the
(24:09):
prosecution was led by MorganCounty Prosecutor Steve Sonega
and Deputy Prosecutor TerryEcole argued that Judy
intentionally drove the wrongway on State Road 67, intending
to commit suicide and take thechildren with her.
The defense, represented byattorneys Jennifer Auger and her
(24:29):
father Tom Jones, counteredthat Judy's actions were a
result of a medical conditionhyperthyroidism, combined with
severe depression and paranoia.
Speaker 1 (24:41):
The trial lasted for
two weeks, from April 23rd to
May 10th 2001, and was agrueling affair.
The prosecution called 114witnesses, including first
responders, eyewitnesses andmedical experts, to build their
case.
Steve Porter, eva Wangler, amyDavis and others recounted
Judy's reckless driving,emphasizing her high speed and
(25:03):
failure to correct her course.
Investigators presentedphysical evidence, including the
mangled wreckage of the Pontiacand Plymouth, and security
footage showing Judy's calmdemeanor at the Speedway gas
station just minutes before thecrash.
Speaker 4 (25:17):
The prosecution's
theory hinged on Judy's state of
mind.
They argued she was despondentover her breakup with Tenney and
paranoid about his alleged drugactivities.
Former deputy prosecutor TerryEcole testified that Judy feared
Tenney might turn her in fordealing drugs, a claim
(25:39):
unsupported by evidence but usedto suggest motive.
Witnesses reported Judy'semotional turmoil, including her
admission to Billy Pagel thatshe wasn't thinking straight and
her paranoia about federalsurveillance, as confirmed by
attorney Marion Wander.
Speaker 1 (25:59):
To strengthen their
case, the prosecution introduced
evidence of Judy's priorquote-unquote bad acts, such as
her alleged involvement in drugdealing, though Jane Craney
limited this to avoid prejudice.
They also highlighted herhospital admission for
depression and suicidal thoughtson March 2nd in 2000, noting
that she left against medicaladvice.
Speaker 4 (26:37):
The defense, led by
Jennifer Auger, painted a
different picture.
They argued that Judy was notin her right mind, suffering
from untreated hyperthyroidismthat caused psychosis and
paranoia.
Medical experts testified thather thyroid condition could
distort her perception, Thoughthey admitted no direct evidence
linked it to her driving.
(26:59):
The defense also blamed thedesign of State Road 67's ramp,
claiming it was confusing andcontributed to Judy's wrong way
driving.
They emphasized her lack ofcriminal history and her role as
a devoted mother, suggestingthe crash was a tragic accident,
not a premeditated act.
Speaker 1 (27:21):
I see what they're
trying to say there agitated act
.
I see what they're trying tosay there.
They're trying to say that whenyou turn out of that gas
station, if you justautomatically go left there,
you're headed northbound.
In the southbound lane.
In the southbound lane that youreally have to cross over two
lanes of traffic.
But I mean in the prosecution'sdefense, I mean you go two
(27:42):
miles.
You're passing multiple,multiple cars.
They're honking, they're wavingtheir arms at you, they're
screeching their tires.
She knew what she was doing.
Speaker 4 (27:50):
No, and if you've
seen this intersection, it's not
mistakable.
Really it's not.
If you were to pull out of thegas station at Speedway, it's a
stoplight.
Speaker 1 (28:03):
It's definitely, and
it always has been, a stoplight.
Speaker 4 (28:06):
And you see traffic
going which way it's supposed to
go.
Speaker 1 (28:13):
They were just trying
their best to get her out of
trouble.
Speaker 4 (28:15):
I reckon yeah they
were, and it was a horrible
argument.
Speaker 1 (28:20):
But nevertheless,
judy's attorneys called
witnesses to humanize her,including her sisters Janetta
Scott and Kathy Walker, whodescribed her depression and
medication use.
They also presented testimonyfrom a family friend, billy
Pagel, who said Judy seemed finethe night before but was
visibly upset on the morning ofthe crash.
The defense argued that Judy'smental health issues, compounded
(28:44):
by her breakup and paranoia,overwhelmed her, leading to a
monetary lapse in judgmentrather than intentional murder.
Sounds like they had two orthree defenses there.
Well, it was.
Maybe it was her breakup andshe was upset, or maybe it was
the highway, or maybe it wastheir thyroid.
I mean, it sounds like theywere grasping at straws.
Speaker 4 (29:05):
I'm sure the jury saw
right through that they were
throwing whatever they could atthe wall and seeing what would
stick Now.
The jury faced a daunting taskdetermining Judy's intent.
The prosecution's case restedon circumstantial evidence her
speed, the distance she traveledthe wrong way and her emotional
(29:28):
state, while the defense leanedon medical and environmental
factors.
The courtroom was heavy withemotion.
Speaker 1 (29:58):
Louis Riel Casari.
Thomas Riel's widow sat throughthe trial reliving the loss of
her husband and two children.
Judy's family, including hersisters Janetta Scott and Susan
Reams, were devastated,grappling with the loss of four
children and now Judy'sconviction, the community of
Martinsville still reeling fromthe crash.
They were divided.
Some saw Judy as a monster.
(30:19):
Others saw a troubled woman whomight have just needed some
help.
Speaker 4 (30:23):
Sentencing took place
on June 13, 2001,.
Before Judge Jane SpencerCraney, the prosecution sought
the maximum penalty, arguingthat the scale of the tragedy
and Judy's reckless disregardfor life warranted it.
Disregard for life warranted it.
They cited aggravating factors,including the horrific nature
(30:45):
of the crash, the young age ofthe victims and Judy's position
of trust as a mother andguardian.
The defense pleaded forleniency, highlighting Judy's
mental health struggles, herlack of prior criminal record
and the undue hardship herimprisonment would cause on her
(31:05):
surviving children.
Speaker 1 (31:07):
Yeah, see that
conviction and all her sentence.
All the people that passed awayand the other injured child in
the vehicle too, I mean thesurviving children of hers.
I mean they paid dearly, herfamily paid dearly.
Speaker 4 (31:31):
There was so many
victims that this case hurt yeah
, it reached far more than justthe victims of the car crash,
the judge Craney.
Speaker 1 (31:35):
she considered both
sides, weighing four aggravating
circumstances the crimeseverity, the victim's ages,
judy's position of trust and theneed to uphold the seriousness
of the offense against themitigating factors, including
Judy's mental health issues, theunlikelihood of the
reoccurrence of the crime andthe impact of her dependence.
(31:55):
In the end, the aggravatingfactors prevailed.
Judy was sentenced to 215 yearsin prison, about 30 years for
each of the seven murder counts,215 years total, with some
served concurrently and 20 yearsfor the aggravated battery to
be served consecutively.
The neglect charges were mergedinto the murder convictions.
Speaker 4 (32:16):
So altogether, even
with everything, she got 215
years, not 235, because some runtogether Right.
I always get consecutive andconcurrent.
Speaker 1 (32:31):
I used to get it
mixed up too, but the only way I
can remember it and this issilly is if you hear of a like
the Kansas City Chief, they wonconsecutive Super Bowls, which
means back to back.
I'll remember that now.
So consecutive means back toback and concurrent means, and I
always think of this aselectricity running the same.
Speaker 4 (32:53):
Yeah, concurrent.
Speaker 1 (32:54):
Good idea, I don't
know, it's kind of a weird way
to think about it, but it helpsme.
Speaker 4 (32:58):
The sentence was
staggering, one of the longest
in Indiana history.
At the time, judy, then 33, wasled from the Morgan County
Courthouse to begin her term inthe Indiana Women's Prison in
Indianapolis.
For many, the sentence broughtclosure, but for others it
raised questions about justiceand mental health.
(33:20):
Louis Casarzi, speaking outsidethe courthouse, expressed mixed
emotions, saying she foundstrength in her faith but
struggled with the ongoing painof her loss.
Speaker 1 (33:32):
The trial and
sentencing were only the
beginning of the aftermath.
Judy's conviction sparked aseries of legal battles and
personal struggles that wouldunfold over the next two decades
.
The 2001 trial and the 215-yearsentence marked a turning point
, but the story didn't end there.
Judy's actions, the legalfallout and the community's
(33:55):
response shaped the years thatfollowed, revealing the enduring
scars of that fateful day,judy's conviction was upheld,
but she didn't accept it quietly.
Speaker 4 (34:03):
In August of 2002,
she appealed to the Indiana
Court of Appeals, raising sevenissues, including claims that
the trial court erred byadmitting evidence of her
alleged drug involvement,denying motions for a mistrial
and imposing an unreasonablesentence.
The defense argued that Judy's215-year term was excessive
(34:29):
given her mental health issuesand lack of criminal history.
However, the court found noerrors significant enough to
overturn the verdict, affirmingher convictions and sentence
overturned the verdict,affirming her convictions and
sentence Then in January of 2003, judy's legal team took her
case to the Indiana SupremeCourt, hoping for a review.
Speaker 1 (34:49):
The justices declined
to hear the appeal, closing
another door.
For over a decade, judy servedher sentence at the Indiana's
Women's Prison, her lifeconfined to a cell.
While the families of thevictims grappled with their
grief, louis Casari, nowremarried, started a victim's
(35:10):
outreach program, channeling herpain into helping others who
had lost loved ones to tragedy.
She kept in touch withsurvivors, finding solace in
community and faith.
Speaker 4 (35:17):
Now, in 2014, judy
resurfaced in the headlines
seeking a new trial through apetition for post-conviction
relief, represented by statepublic defender John Pinot and
later, kathleen Cleary.
She returned to Morgan CountySuperior Court on October 30,
(35:38):
2014, facing the same judge,jane Spencer Craney.
Her new attorneys argued thather original counsel, jennifer
Auger and Tom Jones, wereineffective, failing to object
to evidence of her alleged drugdealing and mishandling of jury
instructions.
They also claimed jurymisconduct in an impartial jury,
(36:02):
alleging that the trial courtabused its discretion.
Speaker 1 (36:07):
Here's a small news
clip that we found of Louise
Carsey talking and a little bitabout the court hearing.
Speaker 5 (36:14):
In the almost 14
years since then, this is the
first time Louise Real Casarihas seen the woman who killed
her husband, thomas, and teenagechildren bradley and jessica
there's just no accountabilityand people think when they do
something wrong, they can getaway with it or we can find a
loophole for you to get awaywith it.
It's a bigger picture than justme.
(36:36):
It's all the victims that youneed to stay in there.
You need to fight, you don'tneed to give up.
You need to just hang in thereand truth will prevail and
justice will prevail.
Speaker 1 (36:48):
Well, I tell you, she
sounds like a pretty strong
woman, man.
I don't think I could have saidthat better myself.
Speaker 4 (36:53):
Definitely.
Speaker 1 (36:54):
Poor thing lost her
husband and her first two
children.
The hearing was emotional.
Louise Casari attended seeingJudy for the first time in 14
years.
She later told the IndianapolisStar when I saw her it was like
seeing the same person.
There was no change, there wasno remorse, no sadness, no
nothing.
Christine Casari, louise'sdaughter, who was 10 at the time
(37:18):
of the crash, also attendedconfronting the woman who took
her father and siblings.
She took my family.
Christine said her words heavywith unresolved pain.
The prosecution, led by ChiefDeputy Prosecutor Robert Klein,
countered that Judy'sallegations were baseless and
that her original attorneys werehighly competent.
Speaker 4 (37:40):
On February 18, 2015,
.
Attorneys were highly confident.
On February 18, 2015, judgeCraney rejected Judy's request
for a new trial ruling that heroriginal defense was effective
and that objections to evidence,such as her alleged drug
activities, would not havechanged the outcome.
The judge also found noevidence of jury misconduct or
(38:02):
improper instructions.
Prosecutor Steve Sonega praisedthe decision, noting that Auger
and Jones were accomplishedtrial lawyers who fought hard
for Judy.
The ruling was a victory forthe victim's families, but
Louise Casari felt numb, knowingthe legal battle might continue
(38:23):
, and we also have a clip fromwhat the prosecutor had to say
that day.
Speaker 1 (38:30):
Yeah, here's what
Stephen Salinger had to say
about the situation.
Speaker 5 (38:33):
Objectively looking
at it, you'd have to conclude
that the system worked, thatjustice was done.
Speaker 1 (38:40):
And I think he meant
to say done instead of question
would be done.
I think that these kind of cuthim off right there.
But Judy's legal team did notstop there.
In 2016, they appealed to theUS Supreme Court, hoping for a
review of her case.
The justices declined to hearit, dealing a final blow to her
hopes for a reduced sentence ora new trial by this time.
(39:02):
Blow to her hopes for a reducedsentence or a new trial.
By this time, Judy was 46 yearsold.
Two decades into her 215-yearterm, she remained at the
Indiana Women's Prison.
She is not eligible until 2106for parole.
By then she'd be over 130 yearsold.
So, effectively, effectivelyshe's doing a life sentence.
Speaker 4 (39:22):
The aftermath of
Judy's behavior extended beyond
the courtroom.
For her surviving children,joshua, justin, michael and
others, the loss of theirsiblings and the mother's
imprisonment was a lifelongburden.
Judy's sisters, jeanetta andSusan mourn the four children
they helped raise.
Their grief compounded byJudy's sisters, janetta and
(39:43):
Susan mourn the four childrenthey helped raise.
Their grief compounded byJudy's conviction.
The community of Martinsvillestruggled to heal.
Ann Lankford, a local resident,told WTHR in 2014, you didn't
have to explain to them whatKirby did.
She did something unforgivable.
What Kirby did.
Speaker 1 (40:01):
She did something
unforgivable.
Luis Casares' life was foreveraltered as well.
She remarried and had adaughter, but holidays and
birthdays remained painfulwithout Thomas, bradley and
Jessica.
In a 2014 interview with theIndianapolis Star, she said I
didn't get to be with her whenshe was 16 or with him when he
was 16.
I didn't get to experience allthose things.
(40:22):
Her outreach program became alifeline, helping her connect
with others who understood herloss.
Christine, now in her 20s,carried the weight of growing up
without her father and hersiblings, her childhood marked
by the absence.
Speaker 4 (40:34):
The crash also left a
mark on first responders and
investigators.
Emergency workers spoke of thepsychological toll haunted by
the mangled vehicles and theloss of so many young lives.
Investigators like ScottHamilton and Jeff Buskirk, who
poured months into this case,carried the weight of seeking
justice for the victims.
(40:55):
The trial's intensity, with 114witnesses and weeks of
testimony, left a mark on theMorgan County legal system.
Speaker 1 (41:04):
Judy's case also
sparked broader discussions
about mental health andaccountability.
Her defense highlighted heruntreated depression and
possible thyroid issues, raisingquestions about whether the
system failed her.
Before the crash, criticsargued that her hospital
discharge after only two daysdespite suicidal thoughts was
inadequate.
(41:24):
Others, including theprosecution, insisted that
mental health issues didn'texcuse her actions, pointing to
the deliberate nature of herdriving.
The debate underscored thecomplexities of balancing
compassion with justice in casesinvolving mental illness.
Speaker 4 (41:42):
In Martinsville.
The tragedy reshaped thecommunity's sense of safety.
State Road 67, once a familiarroute, became synonymous with
this loss.
The crotches at the crash sitemaintained by locals like Dennis
Powell stood as a silenttribute, visited by families and
strangers alike.
The case also prompted scrutinyof highway design, with the
(42:05):
defense's claim about thehighway confusion leading to
minor safety reviews, though nomajor changes were implemented.
Speaker 1 (42:15):
Now, as of 2025, Judy
Kirby remains incarcerated, now
in her mid-50s, with norealistic prospect of release.
Her story is a cautionary taleabout the intersection of mental
health, personal crisis andcatastrophic decisions.
For the families, the painlingers, tempered by resilience
and the determination to honortheir loved ones.
(42:37):
Louise Casari's words in 2015capture this duality For the
survivor.
It is never really over.
You just tuck it away andcontinue with life.
Speaker 4 (42:47):
I love that how she
said that it's so, sad though it
is but there's a lot of truthto that saying right there.
Speaker 1 (42:54):
I mean it's
definitely come from her heart.
Speaker 4 (42:56):
Now the Judy Kirby
case is a mosaic of tragedy,
justice and unanswered questions.
Was it a deliberate act born ofdespair, a medical mishap or a
momentary lapse withunimaginable consequences?
The truth may lie somewhere inthe gray, a reminder of the
fragility of life and the rippleeffects of a single decision.
(43:18):
The fragility of life and theripple effects of a single
decision.
Speaker 1 (43:23):
That about wraps up
the story of Judy D Kirby, and
it's a case that challenges usto reflect on mental health,
accountability and the enduringthe impact of loss.
Our listeners out there, man,drop us a line on Facebook or on
whatever, and let us know whatyou think happened that day.
What's your opinion about it.
(43:44):
I know everybody has one,because this was the talk of the
town when it happened.
Man, it was just everywhere.
We were a long time, for thelongest time.
It was just horrible to thinkabout man.
It really made you think aboutyour kids and and just being
close because I mean there waslike a lottery ticket, but the
(44:05):
opposite way for Thomas and hischildren and Judy Kirby's
children I mean it could havehappened to any of us is what
everybody was thinking.
It kind of really did makeeverybody around here and in the
surrounding areas.
Stop and just take a minute ifyou know what I mean.
Speaker 4 (44:22):
Yeah, and in the
surrounding areas.
Speaker 1 (44:23):
Stop and just take a
minute if you know what I mean.
69 South is brought to you byour dedicated team committed to
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Special thanks to our listenersfor joining us on this journey.
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Speaker 4 (44:36):
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(44:57):
Thanks for listening and we'llcatch you in the next episode.
Speaker 1 (45:00):
Until next time, have
a good evening, good day, good
morning, whatever, for listeningand we'll catch you in the next
episode.
Until next time, have a goodevening, good day, good morning,
whatever.
We'll see you next time.