Episode Transcript
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Lady Justice is a true crime podcasttherefore deals with incidence of violence, disturbing
imagery, and explicit content. Listenerdiscretion is advised. The Lady Justice podcast
offers their deepest condolences to victims' familiesand was just to offer thanks to those
who work in emergency services. Hello, my lovels, and welcome to Lady
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Justice True Crime and the episode APlot to Kill. My name is Chantelle,
and thank you ever so much forjoining me in this episode. Diane
Merritt was stabbed in the heart andthe three other adults in their home at
the time were suspected. The investigationwould uncover an unusual set of circumstances and
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led to a jury deciding on whetherher death was an intentional act. So,
without further ado, here is someof the backgrounds on the timeframe and
location of this case. Let's takea step back in time to nineteen seventy
six, when Queen Elizabeth was celebratingtwenty four years on the throne and Parliament
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was led by the Labor Party withJames Callahan becoming Prime Minister after the resignation
of Harold Wilson. The year wouldsee the country experience a major heatwave,
Donald Nielsen's stand trial at Oxford andthe comic Sid James Die onstage at the
Sunderland Empire Theater. We are headingto the historic Naseby in Northamptonshire. It's
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most famous as being the site ofthe Battle of Naseby, which saw Oliver
Cromwell lead a victory over the Royalistsduring the First English Civil War. The
settlement is fourteen miles north of Northamptonand has been part of the landscape long
before the Domesday Book, with evidenceof life there being from the sixth century.
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Yet it's always had a small populationof very close knit residents. As
always sources are listed in the shownotes. Emergency services raced quietly through the
moonlit country lanes of Northamptonshire after areport was made via nine to ninety nine
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that a woman had been seriously injuredas an address in the picturesque village of
Naseby. The home, described asa modern, plush detached property, was
just meters from the Grade two listedAll Saints Church and directly opposite the old
vicarage. Yet as paramedics arrived attwo fifty am on Tuesday, June teeth,
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it looked less than its usual scenicappearance. As the lights illuminated the
driveway towards the front of the house. The attention of the driver was immediately
pulled to the porch of the home, which highlighted the double front door.
Each white painted wooden door frame enclosedtwo panes of frosted glass apiece, a
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larger on the top and a smallerat the bottom. From the sight in
front of the first responders, theycould tell that the home had been the
scene of some violence. On theleft hand side of the door, it
remained largely untouched. The letter boxglinted in the light. On the right,
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however, blood was seen dripping downthe glossed wood, with the window
pane at the top half of thedoor noticeably smashed. Inside, lights could
be seen on and they would enterthe home. As they did, they
would find a scene of quiet,panic, and disbelief. Laid on the
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floor was a deceased woman who hadvisible signs of assault. Wearing a pair
of jeans and a top, Shewas saturated in blood from a deep stab
wound located under her breast. Shewould also have visible scratches and cuts across
her arms, hands, and face. With some shards of glass still present.
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Inside their home, there were fourother persons, a child of five
named Nicola, her mother Caroline Dunk, a thirty one year old woman named
Josephine Conway, and the homeowner,Derek Ivan Merritt. They would confirm to
the paramedics that the deceased was thirtyyear old Diane Merritt, the wife of
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Derek. The three adults, Caroline, Josephine, and Derek were all naturally
shaken as more responders came to thescene and attempts to talk to them were
difficult. A shock overwhelmed them asthe graying, bespectacled forty year old Derek
tried to recall the moments before thecall to the emergency services was made.
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In another room, the ambulance driver, Clive Leech, offered to make the
two women a coffee to calm theirnerves. They would accept and Clive would
go into the kitchen of the property. Now, I'm sure you've all been
in an unfamiliar kitchen before, openingand closing cupboards and drawers, trying to
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find sugar cups and teaspoons. Itwas much like that as Clive tried to
navigate his way around the Merit kitchen. It was at this time he would
find something that changed the course ofnot only the light, but of the
following few months. On opening adrawer filled with items of utensils and cutlery,
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he would glance over a large breadknife, distinctive due to its rated
edge. He thought nothing of it, yet as his eyes passed over it
again, there was something about itto take heed. The surface of the
blade was different from what he wasexpecting. The shine of the silver metal
seemed to be disturbed by a liquidthat struck him, his mind running the
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curiosities of the blade in amongst theother inconspicuous kitchen items. Why was it
wet? It would be but posterous, especially so given it was past three
am and from the state of thescene that somebody would be doing a spot
of washing up. It was peculiaralso that whoever had cleaned such an item
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had also placed it back in thedrawer still wet without a courtesy wipe with
a towel. It was most outof the ordinary, though Withal considered that
the long blade was tinted, notjust the clear liquid, but one with
a red tint. Had Clive Leechfound the weapon that killed Diane Merritt,
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he would speak to an attending officer, who in turn would speak to the
lead investigator, Detective Chief Inspector MikeKing. He had set up his investigators
in an incident room at Daventry PoliceStation, fourteen miles south to try and
conclude the true set of offense thatoccurred at the home known as Hidden Well.
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Over the following few days, newspaperswere filled with details of the investigation
thus far, with evidence from thepostmortem given the cause of death as shock
and hemorrhage following a stab wound.The home facing the vicarage was still cordoned
off by police, with the bloodsplattered door in sight from the pavement.
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Nearby residents would continue to be visitedby detectives in door to door inquiries,
whilstporenically trained investigators were seen removing itemsfrom inside the home. Twelve detectors from
Talcester and Daventry were brought in withtracker dogs. Outside the home, the
drive and the entrance were blockaded bya number of police cars. Uniformed officers
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stood on guard as detectors were seencoming and going. Journalists were kept at
bay and the scene hidden from theirfew with a makeshift screen of three sun
lounges giving cover to the broken frontdoor. Derek, Josephine and Carolyn were
asked to accompany detectives to the stationto help them build a picture of Diane.
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Being placed in separate interview rooms,investigators would begin to learn about the
life of Diane Merrits, who hadbeen born on May seventeenth, nineteen forty
six, in Bradford as Diane StephanieRoberts. She would be described as an
attractive wife in the media, whilstothers, such as an unnamed neighbor,
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would call her a very very nice, quietly spoken woman. Diane, before
her marriage to Derek in nineteen seventyfive, had had a successful career as
a professional female wrestler. She wasan animal lover too, and at her
home in Naseby she had a petcat and dog whom she adored. Her
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husband, Derek, who owned aduety self store in Northampton, had fallen
deeply in love with Diane, whohad a strong personality and a passion for
life. The couple had settled intotheir home just eighteen months before and had
yet to have children. Though theinvestigators were gaining more and more information into
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the background of the women, theywould find that she was a far more
complex character. The two other womenwho had been present when Diane's lifeless body
was discovered had disclosed that Diane wasnot heterosexual, who had enjoyed relationships with
women. Also, this news wasrelaid in questioning with Derek. He would
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also confirm his wife's sexuality, statingto the detectives that he was aware and
accepting of this. He would alsogo on to state that he and his
wife, ten years his junior,would often sleep in separate beds too.
Derek would explain that over the courseof their relationship and subsequent marriage, they
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had spoken openly about such. Healso omitted that the couple experienced issues connecting
sexually, and even eighteen months intotheir marriage, had not yet consummated such
naturally, Derek, as Diane's spouse, would be the first person suspected of
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inflicting the stab wound to her.The evidence that the marriage was unconventional by
society's standards had also given cause ofalarm to the investigators. The other women
present at the time of Diane's deathwere openly out as lesbians. This paired
with the information that Diane herself wasbisexual and had not consummated her marriage,
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made officers believe that there was moreto the relationships between the women. Mister
Merritt would also speak to his relationshipwith both Josephine Conway and Caroline Dunk.
He would state that they had beenfriends of Diane's who had previously lived with
them, with the two women sharinga room in his home for a period
of time. Caroline's young daughter alsohad a room in the Merrit home.
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Asked what they were like as lodgersin the home, he said that he
liked the women, but would oftenhear the pair argue behind their door.
It had been an often occurrence untilthey had subsequently moved to the new home.
Josephine had been a long term friendof the deceased woman, knowing her
for twelve years, and Carolyn hadbegun her friendship with Diane just three years
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before. The women had relocated tothe city of Manchester, sharing a flat
of fourteen Dean Avenue, Presswick.There, they settled into their home,
with Josephine Conway taken employment as apart time disc jockey. Both women admitted
to having difficulties in their relationship attimes, especially so when not having their
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own space when speaking with police,but had continued a good relationship with both
Diane and Derek. A shocking accusationwas presented in interviews with the women,
however, that shared even more lighton Derek as a suspect. Both women
independently told detectives that Diane Merritt wasplotting to kill her husband. Each woman
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would recount tales of how abusive Dianewas to her husband. Caroline would describe
what Diane's behavior was like towards herhusband, stating that she was very bad
and unfair. They would both alsodescribe attempts on Derek's life that they had
witnessed, including a trip to thecoast where when stood on top of the
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cliffs, she went to push himover the edge. She only refrained because
Derek had turned to face her inthe nick of time. Another shocking moment
was revealed by the petite blonde Dunkwhen she watched as Derek almost drowned in
a swimming pool. Diane was awarethat he could not swim. Caroon would
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later refer to her as the coldestand most evil woman I have ever met.
Had it been possible that Derek realizedthat his own wife had planned to
kill him, and, under strainin a less than ideal marriage, killed
her with a knife to the heart. Quickly, the investigators dismissed this.
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He had not killed him his wife, but had witnessed her death. Derek
named Josephine Conway as Diane Merritt's killer. The pretty, dark haired Josephine were
disclosed to the detectives in her interviewwhat happened After taking a visit with the
Merits, the young family had plannedto return home to Manchester, taking the
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one hundred and twenty mile trip viatrain. Diane bundled the girls into her
car as the evening drew in,as she had previously agreed to drive them
to Rugby Station Disasters drug though,as they arrived just ten minutes late for
their train, leaving them stranded,Diane offered her home to them and they
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drove back. Josephine would explain thatafter the group returned from the train station,
she decided to retire to bed asshe felt that Caroline was in a
bitchy mood. She told the officersthat she aro around an hour after wearing
only her t shirt and briefs andwent downstairs to have a cigarette. As
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she was descending, she could hearthe voices of Diane and Carolyn, but
paid a little attention to their conversation. As she returned, she went into
the lounge where they were sitting,giving them a startle it being the early
hours, and then expecting all tobe asleep. Josephine then said she'd made
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a joke with the pair that she'dactually been ear wigging before asking Carolyn if
she was going to join her inbed. Yet she wasn't to receive an
answer, as her offhand comment regardinglistening in had clearly upset Diane. She
was too later say of this exactmoment, missus Merritt jumped off her chair
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and punched me. She got meby my head and try me from one
end of the room to the other. She finally released me and I went
upstairs to get dressed. She hadtold me to get out of the house.
It was then, just as shewas approaching the top of the staircase
that she became aware that Diane waschasing her and only a few steps behind.
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Investigators pushed for what happened next withConway stating that she grabbed the banister
and kicked out at her. Shemade contact, and she witnessed Diane's stumble
on the step, dropping an itemthat she had in her hand. As
Diane regained her footing, Josephine saidthat she picked up what Diane had dropped,
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not aware of what it was.Before looking up and seeing Diane approaching
her again, she holding the itemthat Diane had been holding, made contact
with her. Diane's eyes went wideas panic engulfed her face. It was
then Diane rushed down the stairs,but with no balance, crushing into the
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front door located at the bottom.Miss Conway, even after more than thirty
six hours in custody, being questionedby lead detectives, would say that she
did not know what was in herhand until Diane had run into her.
She only realized that she was holdinga large bread knife when she looked down.
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She subsequently dropped the weapon. Shemaintained that it was missus merrit As
had brought the knife up the stairsand that she had picked it up,
never stating that she had intentionally takenthe knife upstairs. However, there was
a possibility that she had. Whenthe argument broke out between the women.
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Originally, Josephine had requested that Carolinewould join her in bed, but it's
the early hours of the morning thatevening on the return from Rugby, Josephine
had also admitted to having been ina disagreement with Dunk, leaving Conway to
maybe suspect that there was more toDunk and Marrick's relationship. After the disagreement
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became more heated, the conspiracy tokill Derek was brought up. Diane was
upset that Josephine had told Caroline,upset that her secret was shared even though
Dunk had not exposed her and stillbecame closer to her. Josephine, in
her anger after being attacked whilst onthe stairs, had threatened to tell Derek
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of the plan so that he coulddeforce her and spare his life. On
Wednesday, the sixteenth of June,Detective Chief Inspector Mike King was questioned about
the status of the investigation and whetherthe two women who had been quoted as
helping police inquiries had been released.He would say that at this point no
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charges were being considered. This said, a special sitting of magistrates was heard
in Daventry on the following day,in which Josephine Conway would be remanded for
eight days by the chair of theBench, Missus Cicily Hughes on suspicion of
murder. She would again be seenat Northampton Magistrates the following week to be
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officially charged with murder, having hercommissal hearing at the same court less than
a month later. The trial wouldtake place at Northampton Crown Court, beginning
on Tuesday October nineteenth, nineteen seventysix, with Mister Justice Talbot overseeing the
case. The trial, however,did not just have one indictment or even
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one defendant, as Josephine was joinedon the dock by the twenty seven year
old mother Caroline Dunk. Miss Dunkhad been later charged with impeding police by
attempting to hide evidence that being thebreadknife that had been stabbed through Diane's heart.
Both women would plead not guilty totheir respective charges. The six day
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trial would open with a prosecution's casebeing led by mister John Owen, Queen's
counsel. The case outlined complex relationshipsbetween those in the house at naseby explaining
further how an argument erupted his casewould primarily rest on the statement made by
Derek Merritt, medical evidence provided bythe pathologist, and the inconsistencies in the
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accounts of the two women on trial. Owens would place emphasis on the sexuality
of the women, describing both thevictim and defendants as lesbians. This was
used in part to prove the prosecution'stheory as to motive, with a crowd
suggesting that Josephine had felt anger towardsDiane because she was inserting herself into hers
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and Dunk's relationship. It was claimedthat as Diane and Carolyn grew closer,
Conway felt jealous, and after hearingthe pair downstairs when she awoke, she
retrieved the knife from the kitchen andkept it in her possession as she went
upstairs, so that she could willinglyand purposely kill her former friend. According
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to the prosecution, only Josephine Conwaycould have taken the knife from its usual
place in the kitchen drawer to itbeing used in a fatal attack at the
top of the staircase. The prosecution'sstart witness would be Derek Merritt, Diane's
husband. He would explain when takingthe stand how he had gone to bed
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that evening, yet had been awokenin the early air hours by sounds of
raised voices on the lower level ofthe house. Derek decided to get out
of bed and descended the stairs,entering the lounge where his wife was in
the company of Miss Dunk. Hewould walk into the living room, taking
in the scene as his wife wasleaving and starting to ascend the staircase.
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He told the judge and jury aboutwhat happened to Diane next, from his
perspective, as I got back tothe door, she came hurtling down the
stairs and went part the way throughthe front door. She recoiled back and
fell to the floor. There wasblood on her arms and over her top
and jeans. He would then testifyto hear in Diane's voice cry out,
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the bastard stabbed me, before Josephinewould shout from the top of the stairs
for the attention of Carolyn, don'tlet him phone the police. Clearly regarding
Derek, Patrick russ Or, Queen'scounsel for the defense, would cross examine
the witness, asking him if hefelt like his wife had been plotting to
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murder him. Derek replied, honestly, I am satisfied that she might have
been, but I'm not certain.Further details into their marriage was also discussed
while mister Merritt was on the stand, and he would say that Diane was
quote very strong and could be violent, adding that there had been an occasion
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of domestic violence when she had threatenedhim with a knife. The trial would
also reveal the fact that Diane Merrithad, in the months before her murder,
taken a quote very extravagant life insurancepolicy out upon her husband. The
policy would pay the beneficiary a sumof twenty five thousand, which increased to
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a total sum of fifty thousand ifthe death was accidental. That's at total
of around one hundred and thirty sixthousand to two hundred and seventy two thousand
in the current financial market. Thepolicy was confirmed by Derek in the court,
who agreed that it was Diane thathad made the arrangements for such.
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He would tell the court room howhe had no desire for the policy,
which was very expensive, he wasstill paying for such and had made arrangements
to cancel this policy. Would lendmore credence to the accusations of missus Merritt
having possible reasons to kill her husband. A statement that Calan Dunk made to
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the police in the early part ofthe investigation was used in the trial as
part of the evidence. It wouldstate Diane only married Derek for his money
and she wanted to get rid ofhim for his money. They met at
Coventry Bowl. She came to Manchesterwith a friend looking for a hitman,
but he got arrested the day thatshe went up there. She intended to
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get rid of him from the start. She had thought about using pills or
pushing him over a cliff. Dianebecame angry with Josie for telling me about
the plan. That was what someof the argument was about. Regarding the
night in question, Derek said thathe never witnessed his wife go into the
kitchen or even in the direction ofthe kitchen. He told the police and
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again in the trial, that hebelieved there was no way for Diane to
have retrieved the knife and that itmust have already been in miss Conway's possession
when he had first gone downstairs.That's when his wife was in the lounge
and Josephine on the stairs. TheCrown's case would highlight that in the early
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stages of the investigation. Carolyn Dunkhad also indicated the same in her initial
statements with police. It would havebeen until later that her story to the
police would change and that she addeda detail. She would later add that
she saw Diane before making the ascentup the stairs go in the direction of
the kitchen, but she did notsee the knife beforehand. Doctor Peter Andrews,
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the Home Office pathologist who had conductedthe postmortem, would testify that,
in his opinion, that bread knifewould have had to be held by another
person who would have had a quote, firm grip on the weapon. He
would also state that the knife penetratedthrough Diane's body and although she was quote
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mortally wounded, her death was notinstantaneous. The long serrated blade entered Diane's
body just under the left breast,and she would have stayed conscious for a
few minutes after the attack and couldhave possibly been mobile at this time.
When in the witness box, hewas questioned about the forensic credibility of the
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story that had been told by missConway to the police. She had told
of kicking Diane in the torso asthe housewife was approaching her up the stairs.
It was said that the force ofthe kick had been enough to leave
missus Merritt unsteady, causing her tostagger and drop an item from her hand.
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The pathologists referred to his post mortem, which concluded that there were no
bruises on the upper part of thebody, yet conceded to the defense counsel
mister Russell that a lack of bruisingcould have occurred if Jacqueline was barefoot,
which on the night of the murdershe was. Miss Conway was also to
take the stand during her trial formurder. She explained the moments before the
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deadly attack, when she had decidedto go upstairs and get trousers. She
could hear Diane calling out from behind. I'll kill her, I'll kill her.
She told the jury in her ownwords, what happened next. I
went to the door and I sawher coming up the stairs. She looked
wild. I kicked her and Iheard something drop. I looked down and
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I picked her up. When shecame running at me, she said I
had stabbed her. She swayed backto the wall and ran down the stairs.
It all happened so quickly, Ididn't realize it was a knife until
I had got hold of it.Evidence would be given to the State of
Conway. When she was found atthe scene earlier that year. Both the
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ambulance driver, Clive Leech and anotherdoctor who would examine Josephine shortly thereafter,
would say that she had visible scratchesand grazes on her neck. Sergeant Malcolm
White would also be called to givetestimony, and he would state that Josephine
had made a verbal statement to himlate on the morning of the murder.
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She came up the stairs after me. When she got up to the top,
I kicked her and sent her backdown. When Miss Conway was cross
examined by mister Owens, it wasinsinuated that she Josephine, had in fact
taken the knife intending to kill Dianeas she saw her as a threat to
her relationship. Caroline and Josephine hadbeen living together for three years by nineteen
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seventy six, and had previously explainedthat they had a strange relationship when living
with a married couple before. ButJosephine would tell the court much the same
as she did the police before,saying that she didn't know it was a
bread knife until she had picked itup, and she never originally had taken
the item from the draw. Underthe cross examination, she would admit to
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have held the knife and that shewould have thrust it forward when she came
into contact with Diane. She toldthe jury, I helped stab her.
She said, however, it wasan act of self defense. Her defense
counsel had previously asked her what wouldhave happened if she had not defended herself,
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and she said, plainly, I'dbe dead. Before she left the
witness box, Miss Conway was requestedby the prosecution to hold the bread knife
produced in evidence and show the courtroomhow she had held the weapon when she
stabbed Diane, and upset Josie wouldrefuse, instead using a folded envelope to
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make her demonstration. Caroline Dunk wouldalso to testify. She would speak to
the night of June fourteenth, sayingthat when Miss Conway had told Dianne that
she would tell Derek of the planto murder him, Merritt had gone quote
berserk. Regarding the charge that shewas indicted for removing the weapon used in
Diane's death, she would state thatshe had only done so as she reacted
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out of panic, unsure what todo, and said that she had no
intention of swaying the police investigation.She told of how she retrieved the knife,
gave it a wipe, and replacedit in the drawer. She admitted
that it was a stupid act,but blamed her actions on the distressing scene
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that had unfolded, and at thetime that she picked it up from the
landing, she was unaware that Dianewas dead. The Crown would use their
closing speech to remind the jury thatthe crux of the case was who had
possession of their bread knife first,Diane or Josephine. He would quote the
medical evidence and further state that thejury should trust the testimony given by Derek
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Merrit rather than the two defendants,who, in his opinion, had been
proven to be unreliable and untrustworthy.Russell, for the defense, would refer
to Diane Merritt as cunning, unpleasant, plotting, and unfaithful before trying to
reason with the jury. During hisclosing speech, he would question them,
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why did Diane Merritt go upstairs ifit was not to attack Josephine Conway,
Do you think she was going upstairsto brush her teeth? Why should Josephine
Conway take a knife upstairs to liein wait for her victim? Was there
any safer to kill her up there? Would killing her upstairs enable her to
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escape more readily or cover up theclues. At the end, he would
request that the jury would turn averdict of justifiable homicide or that of an
accident. Given that his client,Miss Conway, though admitting to holding the
knife at the time missus Merritt waskilled, was only acting in self defense,
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this was less than impressive. MisterJustice Talbot, who used his summing
up to the jury to outline thecase and considerations for the jury, would
say that reviewing the evidence, thereseemed to be little that supported the defend
and supposed defense given that quote extremeforce that would have been required to have
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penetrated drew Diane's body as stated inthe post mortem evidence. It would be
in the afternoon of Monday, Octobertwenty fifth that the jury would return to
the courtroom with their verdicts against thetwo women. Josephine Conway and Caroline Dunk
had both been found not guilty fortheir accused crimes and released from custody.
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The press would accost her Josephine.As she was leaving the court. She
was stopped by the reporters as shewas stepping into a car to drive away.
She said, I didn't think theywould believe me, but I was
telling the truth. Diane was myfriend and I am sorry she is dead.
But I think she would have killedme, and I'm sure she would
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have killed mister Merritt shopkeeper. Derecwould also answer questions regarding his feelings towards
both Josephine and Caroline. He saidthat he held no ill will towards them
and stated that he believed he wouldn'tsee them again. Talking about his relationship
with Diane and the supposed conspiracy tomurder him, he said that the incident
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with the swimming pool had been quiteblown out of all proportion. During the
trial, he would go on,I never thought my life was at risk.
The police, though, are convincedI had a lucky escape. I
don't doubt that Diane thought and talkedabout getting rid of me, as I
do doubt whether she really would havecarried through with it. I do not
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regret marrying her. She was themost remarkable woman. No one has been
able to stand up for her.I don't say Diane was innocent, but
she was not as bad as she'dbeen made out. Derec would also reveal
that he had planned to stay inthe home in which Diane had died,
telling that report is the people fromthe village have been very good to me
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and my friends have stood by me. So with that it brings us the
end of the episode, named aplot to kill. Of course, we
take time to remember Diane Stephanie Merrittbefore we depart. I just want to
say thank you for all of yourcontinued support. I know the show hasn't
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really been consistent for some time,but I haven't stopped loving and doing the
show, and you guys are trulyawesome. I'm excited to say that I
will be meeting some of you lovelisat Crime Con in London in just a
few days, and if you areattending, please come find me on podcast
row. I'd love to say hi. Now, if you are listening on
(35:49):
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Crime Con UK is partnered with CBSReality, the home of expert led
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someone you love, whether it's beanson toast or a far too bigger portion
of lasagna, Invite someone you careabout for a talk and some grub.
It could really brighten up someone's weekwith that. Go be good people,
go be kind, Go be safe, and most importantly, go be happy.