Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Stephanie (00:30):
Alright, well welcome
back everyone to another episode
of The Lethal Library.
I am Stephanie.
Dani (00:37):
I'm Danny,
Stephanie (00:37):
and we are a True
Crime podcast.
We focus a lot on cases in ourarea of Idaho and the Pacific
Northwest.
a lot of death row cases, butnot every single one.
And Danny does an amazing job offinding a new true crime tale
for us every week.
So what is on the table today?
Well, with friends like
Dani (00:56):
this who needs enemies?
These guys are just not goodpeople.
Oh yeah.
And they're fucking stupid.
Common theme.
Very common theme.
It's just the, it just runsright through.
On May 2nd, 2003, two farmworkers in rural ADA county
spotted something off the sideof the road after exiting their
(01:19):
vehicle and.
Taking a few steps, theyrealized it was a body of a
young man.
The body was located on PleasantValley Road about four miles
past Korra Road,
Stephanie (01:32):
and a lot of you
locals like us, will know
exactly where that's at.
So it's just crazy hearing thesestories and we're like, I know
when I've been there.
Well, and
Dani (01:41):
this is also the same
exact road that the Idaho, State
prison's on?
Stephanie (01:47):
Yeah, just they're
Dani (01:49):
just gonna drive a little
bit.
We're just gonna drive a littlebit past our future home.
Let's go.
Stephanie (01:54):
Yeah.
Just go check yourself in nowand save everyone some time.
Please.
Dani (01:59):
The man had no
identification, so the police
reached out to the local news.
They showed a faded blackbaseball cap that was found near
the body to see if anybody couldidentify it.
It was covered with about 25safety pins with the initials LW
on the front and lag wagon onthe back.
(02:21):
Lag wagon is a band
Stephanie (02:23):
lag wagon.
Dani (02:24):
We'll have to check that
out.
Yes, but it was pretty distinct.
Police received about 25 tipsfrom viewers.
Not only for the identificationof the body, but also suspects.
Stephanie (02:38):
Oh, so
Dani (02:39):
people already know the T.
They know.
Mm-hmm.
Think you might wanna look atthis guy or that guy.
The victim was identified asZacharia Street.
Zach's parents who lived in theCaldwell area, learned of his
death when they saw his hat ontv.
Stephanie (02:55):
Oh my gosh.
Isn't that horrible seeing yourkids' hat and like we, we found
Dani (03:01):
a dead body.
And yeah, we found somebody,anybody recognizes hat
Stephanie (03:07):
and then you have to
make the call and be like, yeah.
Very distinct hat know exactlywhose that is.
That's terrible
Dani (03:16):
Police believe Zach was
taken against his will on Friday
morning and driven out to aremote area about 12 miles from
Boise City Limits two men arearrested in connection with the
murder of, Zach, who was 18.
Jason Ryan McDermott 23 and RobRoy.
Wall Jr.
(03:37):
24 were arrested in a downtownBoise apartment.
After the tips came in and can Ijust say, I had to really look
at the name Rob Roy, so I'mlike, it's a Rob Roy.
Rob Roy.
Yeah, it's Rob
Stephanie (03:51):
Roy.
Good old Rob and Rob Roy Wall.
That's a tongue twister.
Thank you.
Rob Roy Wall.
Rob Roy Wall.
Nope.
Dani (03:58):
Nope.
A 17-year-old Daniel EarlHosford.
Also arrested in connection tothe murder.
And his name didn't come out inmy research till later'cause he
was a juvenile, so a minor.
They all three are charged withfirst degree murder, McDermott
and Wall.
(04:19):
Recently moved to the Boise areaafter leaving Washington State
Wall is on probation inWashington.
He's a registered sex offenderand has been convicted of rape
of a child.
Domestic violence and domesticassault.
Stephanie (04:35):
Literally the lowest
of the low scum.
Dani (04:39):
Not a good dude.
And, and he's a fucking 23.
Yeah.
Stephanie (04:45):
What are you doing
here?
Do not come to my town.
Dani (04:49):
McDermott has been
convicted.
These two are a fucking pair.
McDermott has been convicted ofassault, forgery.
An unlawful entry of a motorvehicle,
Stephanie (05:01):
a scam.
Dani (05:03):
I don't even know what
that is.
I,
Stephanie (05:05):
it must have been the
only thing that they could get
him on for some event.
It sounds like one of thosecharges,
Dani (05:12):
McDermott and, Hosford
drove to Washington to get wall.
Like, we gotta go get her.
Boy.
Stephanie (05:18):
Yeah.
Dani (05:18):
They returned to Boise and
took Zach into the desert.
The murder weapon was foundunder the gazebo at McDermott's
apartment.
Stephanie (05:27):
Oh,
Dani (05:28):
didn't
Stephanie (05:28):
take that far.
Dani (05:30):
Blood on the muzzle was
Zach's.
And what was the weapon?
A gun of some sort?
Yes, it is a gun.
It's coming.
Stephanie (05:39):
It is a gun.
Dani (05:40):
It's a nine millimeter.
Stephanie (05:42):
Oh,
Dani (05:42):
so I will repeat that
later.
Police state that Zach wasrecently arrested in connection
with car burglaries, but had notbeen convicted.
Ada County Sheriff VaughnColleen said it was a revenge
killing and Zach was shotexecution style.
Stephanie (06:00):
Dang.
What is ever that serious atthis age?
Like,
Dani (06:04):
come on, Walla McDermott
pled not guilty.
And two weeks later, Hosfordpled not guilty.
The three will be on trialtogether while McDermott faced
the the death penalty ofconvicted
Stephanie (06:17):
damn.
Dani (06:20):
You can't go out and just
fucking shoo people
Stephanie (06:23):
in the middle of the
desert and think that you're
gonna get away with it.
Like this is a mafia hit.
Like we're taking'em out in thedesert of Vegas.
I want you to hang on to thatthought.
Dani (06:31):
Oh
Stephanie (06:32):
gosh.
Dani (06:32):
Ah, how did I know In
January, 2004, Haas Verdict
agree to cooperate withprosecutors.
Dani (2) (06:41):
Hmm.
Dani (06:42):
In a plea agreement,
Hosford pled guilty to second
degree murder.
He will have to spend at least10 years in prison with up to 15
years indeterminate.
So max 25 years.
But still, he's still, I mean,he's probably 18 by this time,
right?
Mm-hmm.
But that means he's gonna haveto testify he made that deal.
(07:06):
But, you know, we've donestories where these guys.
You know, they plead guilty andthen they, they still end up,
they get it worse than the guythat actually did the murder.
Stephanie (07:18):
Yeah.
They don't make very good deals.
No.
So at least the see, and it'syou, you know, it's who's gonna
turn first again?
Mm-hmm.
and of this is the youngest one.
So I can see why they probablythought, you know, had an in and
were like, you're young.
Don't let this throw your wholelife away.
You have a chance.
And if it's gonna help the caseand.
Dani (07:40):
in February.
The fourth district, judge DarlaWilliamson, decided to hold
separate trials for McDermottand Wall.
Okay.
'cause they're like Hosfordpled, pled guilty.
We already got the deal, but thetrials, of course, are delayed.
The original date for the trial,the trials were in September,
(08:00):
but our move to January andApril of 2005.
Why?
Why is that?
We have a guest.
There was a scheduling conflictdue to the Abdullah murder case.
Stephanie (08:11):
Oh, Abdullah, you're
just messing up everyone's
schedule now.
Yeah.
I'm sure they wanted to get onthat post case, if you guys
remember that ca.
Yeah.
Case of, we need to clear thisall up, because it was not
looking good and there was a lotof,
Dani (08:26):
the, the narrative that
was pushed by the defense about
it being
Stephanie (08:32):
someone going after
Muslim people,
Dani (08:35):
right?
Let's just get this squashedright away because that's not
what happened.
You dirty Fuck
Stephanie (08:41):
Yeah.
To try to blame that on killingyour wife and kids.
Not a great look, you're a dick.
Yeah.
Um, so they wanted to clear thatall up.
Let's just, right away we needit for the, I mean truly for the
community.
'cause it was causing division.
No, it causing
Dani (08:55):
problems.
Yeah.
Yep.
Absolutely.
They wanted
Stephanie (08:57):
to be like, this
takes priority.
Dani (08:59):
Understood.
In January, 2005, McDermott'strial starts prosecutor Pat Owen
told the jury that Zach was deadbecause he did the right thing.
Ooh.
Zach told police that McDermottwas breaking into cars.
Do you remember, McDermott saidZach was a snitch and that he
(09:22):
had to die
Stephanie (09:24):
such a, they want to
go all crazy.
Like this is a movie orsomething?
Dani (09:31):
Yes.
Public defender Larry Smithsaid.
McDermott is delusional.
This is his public defender.
McDermott is delusional,immature, and a thief, but was
probably just trying to scareZach when he fired the gun.
Stephanie (09:48):
Boo, are you kidding
me?
Dani (09:50):
Oh, no quote.
The shot was only about an inchfrom missing him.
Stephanie (09:57):
How are we?
I'm like doing the equations inmy head, like imagine being shot
in the heart, let's say, andthey're like, well, it was six
inches from missing you.
It wasn't on purpose.
It's just trying to scare you.
Are you scared?
Like fun little prank, like howa, someone could even say that
(10:19):
in a court of lobby.
Like it almost missed him.
So, yeah, it does almost doesn'tfucking matter at this point.
Like, this is wild.
Who is this freaking lawyer?
Oh my
Dani (10:32):
God.
Smith said he will presentevidence that McDermott has
terrible eyesight and that thedesert night was dark.
Stephanie (10:43):
How is this helping?
He is, he can't see it almostmissed him, but for some reason
it just got him right in thehead.
He is just a lucky guy.
What?
For real.
This guy has a law degree.
I, in my mind, I'm like, if youcan't see very well and you
still did that, you were reallytrying to hit that.
(11:04):
Like, I love
Dani (11:05):
that outlook on that
'cause.
Yeah.
What are we
Stephanie (11:07):
doing?
Smith?
Dani (11:09):
Mm McDermott appeared calm
and collected during his trial.
That's what the paper said.
I think he was.
Defiant is what I think, whichis not calm and collected.
No, he's being defiant'cause hethinks he's so fucking awesome.
(11:33):
Prosecutor Owen said Zach wasarrested in April, 2003 by Boise
Police for breaking into a car.
He cooperated with investigatorsand told them about others
involved in the break-ins,including McDermot.
When McDermott found out, heinvited Zach to his apartment
where he met Wall and Hosford.
(11:55):
All four of the men got intoMcDermott's car and drove into
the Desert McDermott then pulleda nine millimeter gun from the
trunk and ordered Zach out ofthe car.
He was then told to undress downto his underwear.
And socks and kneel on theground with his hands behind his
back.
(12:16):
This was the execution style.
Yeah.
Buddy Wall then suggested, eh,maybe we should wrap a shirt
around Zach's head to containthe blood.
Oh,
Stephanie (12:28):
okay.
Yeah, we're totally just aharmless prank here.
Uh.
Uh, this is premeditation.
So like, yeah, these were someyoung men literally thinking
that they're some big, bad, coolmovie and we gotta take care of
business and this is how I saw'em do it.
(12:51):
And this movie, like you can'ttell me otherwise.
Dani (12:55):
McDermott placed the gun
barrel at the back of Zach's
head three different times.
McDermott asked if he could fillit.
Zach pleaded with them to takecare of my sister.
Stephanie (13:10):
Oh my
Dani (13:10):
gosh.
This is terrifying.
McDermot pulled the trigger,shooting him behind the ear.
Stephanie (13:16):
This, it's cruel.
It is, and it makes me even moreroll my eyes at this defense of
he can't see.
Well, he clearly was pressing iton his head, asking him if he
could feel it.
You don't need great eyesight todo that.
Dani (13:32):
McDermott turned to
Hosford and asked him to shoot
Zach again.
Hasper said he couldn't do it.
Wal took Zach's pants and putthem over his head and shot him
in the temple.
Stephanie (13:48):
No need for that?
No.
Just wanted to be one of thecool kids here.
Like what are you doing?
Uh, I think
Dani (13:55):
McDermott was pressuring
him just because he asked
Hosford.
It didn't say, uh, in myresearch ex exactly what he said
to him, but I'm sure it wassomething like.
Fine.
Then you And I've been,honestly, I don't know if
Hosford knew what was going,like, maybe he thought they were
gonna go beat him up orwhatever, but mm-hmm.
Leave him.
Leave him out there.
Sure.
Right.
(14:16):
Uh, but can you imagine the gutsit would take to say no to that
when you just saw a man beingshot?
I'm not saying it's good.
But there's an element of, butyou're automatically putting
your own life in danger bytelling this guy no.
Mm-hmm.
It's real now
Stephanie (14:35):
it's real.
It's not a little jokey jokeanymore.
Dani (14:38):
And, for him to Elise say,
I can't do that.
I mean a something.
Mm-hmm.
Because the threat is real.
It is.
Defense is claiming this wasjust a loyalty test gone wrong.
Yeah, I'd say more than that.
(15:01):
they said, there is no doubt,that McDermott shot Zach, but
they're claiming it was anaccident.
Stephanie (15:10):
This is just the most
bullshit fuckery I've heard in a
while.
Bold audacity.
Where did they find it?
It must have been on clearancebecause this is stupid.
Dani (15:22):
It's a bad defense.
This
Stephanie (15:23):
is not just dumb
criminals.
This is dumb ass attorneys.
I'm, I'm done.
Dani (15:29):
Defense attorney at
Odyssey said McDermott was
waiting a gun, trying to scareZach when it went off
Stephanie (15:36):
if he was
blindfolded, like he's na.
Nearly naked kneeling.
Yeah.
I think you got someone about asscared as they could be if
they're asking you to take careof their sister.
That's about as scared as youcould be, but sure.
What else in this like great bigcreative imagination.
Can we come up with
Dani (15:57):
prosecutor?
Owen told the jury quote, thiswas not a test.
Once Jason McDermott shot Zachin the head, they didn't need to
scare him anymore.
Yeah.
Zachariah Street was on hisknees begging for his life.
He did nothing wrong.
Not a single bit of this was bychance or accident.
(16:19):
Thank you.
Someone had
Stephanie (16:20):
to say it like,
you're fucking an idiot.
I bet the jury was like, thankyou.
Is this not obvious?
If I was in this jury, I'd belike, yeah, that, that's
ridiculous that you had to saythat.
Like it.
So it is like an insult to yourintelligence.
Yeah.
You know, like he literallytouched his head three
Dani (16:40):
times
Stephanie (16:40):
with a gun, asked him
if he could feel it.
No, he was doing a little jiggydance with it and was trying to
like make him laughing and scarehim a little bit.
They were not shut
Dani (16:47):
celebrating.
Stephanie (16:49):
Yeah, no.
Oh shit.
A stray bullet.
No.
Was this a public defender ordid they pay for this?
Like, I imagine it was a publicdefender.
Even for a public defender.
I'm like, ugh.
Dani (17:03):
There's just no, I really
think they're just grasping at
straws because how do you defenddragging your friend out into
the desert, having him getnaked, nearly naked, and then
shooting him in that wrapping at-shirt around his head and then
shooting?
Can you imagine that?
Poor, no
Stephanie (17:25):
wild stuff in this
courtroom?
Mm-hmm.
Dani (17:29):
After 10 hours of
deliberation, the jury found
McDermott guilty of first degreemurder, conspiracy to commit
murder, and the use of a weaponin the commission of a felony.
Stephanie (17:40):
But bang.
Thank you.
I'm surprised it took that long,but maybe, I know that a lot of
times premeditation is what?
Like, oh, were they just gonnado that?
And then he decided last minute.
So I'm imagining maybe it wasthe premeditation that took
longer than I would expect.
Dani (17:56):
And also, so I feel like
this is a little bit late.
This is a case that was, youknow, the eighties and nineties,
it seemed like we were gettingfour hours, I feel like.
Mm-hmm.
The culture of crime and, andtrials and that kind of stuff
(18:18):
took a turn after oj.
Mm-hmm.
Menendez people were taking.
This very jury duty veryseriously.
Which they should.
They should.
and not willy-nilly just saying,yeah, boom dude.
'cause we've seen four hours,death penalty.
Stephanie (18:38):
Mm-hmm.
Dani (18:39):
so I feel like I like
seeing more time with the jury
deliberating because I feellike.
They're being more deliberateabout it.
Mm-hmm.
And not just like, I feel likedefinitely this guy did it, or
Definitely not.
No.
They're
Stephanie (18:55):
dotting their i's
crossing their t's.
Yeah.
They're,
Dani (18:57):
they're taking some more
time.
And so I, I like to see thatbecause that, uh, makes me feel
like they're really taking thetime to do their job correctly
Stephanie (19:09):
and less chance for a
mistrial.
Yeah.
Or like not reading thedirections correctly or.
Whatever.
Yes
Dani (19:15):
ma'am.
That's where I was trying to gowith that, but shit, you know,
during the sentencing hearing aneuropsychologist.
Yes,
Stephanie (19:29):
very nice.
Danny
Dani (19:30):
said, McDermott has
extensive brain injuries from
being shot in 2001, and itseverely affects his ability to
process emotions.
He lost a piece of his brainabout the size of a tennis ball
when he was shot in the back ofhis head in 2001.
Stephanie (19:48):
Good Lord.
Dani (19:50):
He was also dropped about
10 feet as a toddler, and that
has caused him emotional anddevelopmental problems.
We don't shoot about it, ladiesand gentlemen.
No.
But to get shot, how do you gethow this is the second I, tennis
fall size.
Yeah.
How do you get just shot in thehead?
Where were your parents?
Stephanie (20:08):
Yeah.
Mm.
Anyway.
No, and I can see that that candefinitely affect people's
temperament and, and whatever.
It certainly isn't an excuse,but it can explain the, you
know, people's erratic behavior.
I kind of think of it like cte
Dani (2) (20:26):
mm-hmm.
Of
Stephanie (20:27):
like how that Yeah.
Just causes this completelyerratic behavior.
Sure.
That can be a thing, but youcan't go kill your whole family
about it.
It's, you can't do it.
You can't do it.
Yeah.
Dani (20:38):
Counselor Carol Hackney,
who treated McDermott in 2002
while he was on probation froman organ offense, said she read
some cryptic lyrics.
McDermott wrote about him beingshot.
'cause I'm trying to figure out,and I'm gonna tell you, I don't
know how he got shot.
I, I couldn't find that, thecircumstances.
(20:59):
So that's why I included this inthe song, that his counselor.
Red.
He wrote that the, he wassitting in the front seat of a
van on the way to commit a crimewhen someone in the back seat
shot him in the back of the headand then again in the shoulder
as he fell out of the van, alsoterrifying.
(21:23):
The hell
Stephanie (21:24):
was going on over
there.
Dani (21:25):
I don't know what he was
doing, but.
So that was like a song that hemade up about it.
Mm-hmm.
But I don't know the realcircum, but he was shot in the
back of the head.
Stephanie (21:35):
Yeah.
Dani (21:37):
And you don't do that to
yourself?
Maybe.
I don't know.
I was pretty bummed.
I tried to find it.
I couldn't.
Prosecutors called on someEugene, Oregon police officers
to testify.
They said that McDermott hopedto form a crime family.
(21:57):
And he has been convicted ofcrimes like poisoning a man's
drink with iodine, stealingchecks for mailboxes and cashing
them, and a history ofthreatening people with
violence.
McDermott began calling himselfchaos, so he's
Stephanie (22:16):
trying to embody a
villain.
Dani (22:19):
Mm-hmm.
Stephanie (22:20):
I see what's
happening here.
Dani (22:22):
McDermott planned on
leading the crime family through
fear and intimidation.
That's how they teach you to doit on the movies.
Only one juror kept McDermottfrom the death penalty.
11.
Out of the 12 jurors agreed thatMcDermott's crime had at least
one of the three aggravatingfactors for the death penalty,
(22:45):
but it has to be a unanim.
Okay.
In March, the prosecutionannounced that they will not be
seeking the death penaltyagainst wall.
Buddy Wall prosecutor Owen saidWall was less morally culpable
than McDermott for killing Zachand that justice would not be
(23:07):
served if Wall was executedwhile McDermott was not.
I see that.
Stephanie (23:11):
Yeah.
Look at them thinking, putting alittle common sense into it
instead of just like you get thedeath penalty.
You get the death penalty.
Yeah.
Everyone gets the death penalty.
Dani (23:23):
In April Wall's trial
begins.
During the trial we see a lot ofthe same players.
And Hosford test testifies againwith six days of testimony.
It is in the jury's hands.
10 hours of deliberation andwall is found guilty of first
degree murder.
That
Stephanie (23:41):
10 hours, that's an
hour magic number keeps coming
up.
Dani (23:44):
Judge Darla Williamson
sentenced both men to life in
prison.
McDermott will not be eligiblefor parole.
Judge Williamson called him evilquote.
This was an execution.
You made Zach bow down beforeyou, you made sure he was scared
before you shot him.
(24:05):
You killed him without sympathyor feeling.
Yep.
Stephanie (24:09):
A hundred percent.
Yeah.
Dani (24:12):
Wal can apply for parole
after 25 years and Judge
Williamson said.
Quote.
Zach was a good kid.
He didn't deserve to die.
Malls cried during the hearingand he was struggling to speak
at times.
Nice to see some remorse.
I feel like he had remorse.
Oh, well, lemme tell you what hesaid.
(24:34):
No, he said quote, I feel like Ilet Zach down.
Zach deserves to be alive.
I see Zach everywhere I look, Ihave nightmares.
I wish I, I would've tried a lotharder to stop McDermott from
killing Zach,
Stephanie (24:52):
did they mention,
sorry, I know I'm late to the
game on this.
Was there drugs involved?
'cause I know obviously there'ssome mental things happening.
Oh, I'm sure it sounds, I'msurprised that nothing has come
up about it.
'cause I'm just thinking thewhole time.
No, I'm sure.
Dani (25:05):
so they called them
something.
I can't remember.
These are basically kids that,you know, thought they were
being oppressed from theirparents.
and they were out a lot of couchjumping.
that's why the, the car theftslike just still a little bit
here.
Mm-hmm.
Get enough to get by.
Still a little bit here.
Get enough to get by.
(25:25):
I mean, obviously you're notraking in
Stephanie (25:28):
no
Dani (25:28):
thieving from cars, like
you're like.
Dude, I found, you know, X, Y,Z, and it's worth 20 bucks.
Like that's what we're dealingwith here.
So like stealing CDs?
Stephanie (25:37):
Yeah.
At this
Dani (25:38):
time.
Oh, not the binder of CDs.
Gimme a binder of CDs and somechange outta the ash or the
Stephanie (25:46):
face of the CD player
where you're always had to take
it off and put, like, take itwith you.
Or stealing stereo systems.
Maybe they could yank it outreal quick.
Dani (25:54):
Yeah.
Can you believe that was athing?
Stephanie (25:56):
I, I remember my
sister, she was so freaking cool
because she got a whole newsystem in her Honda Passport,
all black, big rims, huge base,and it was just so cool.
She'd click it off and throw itin her purse whenever we'd go
somewhere like very, very cool.
(26:17):
She's very hip and I was hip.
By association.
Yeah, I felt like it anyway.
I wasn't really, but Idefinitely felt extremely cool.
Mm-hmm.
Dani (26:31):
You see I have no face of
a radio in here.
Yeah.
I can't mine because it's in mypurse.
Motherfucker can't steal mine.
Oh shit.
McDermott tried to tell thejudge.
That the prosecution had it allwrong.
She responded, quote, Mr.
McDermott, we all know whathappened.
Stephanie (26:50):
Court is adjourned.
She said, I'm gonna stop youright there.
I
Dani (26:54):
love that.
It was my favorite.
This
Stephanie (26:56):
is, this is great.
This is like a great momentwhere I'm glad that a judge
stepped in and was like.
You know what?
Shut the fuck up.
We're not even going toentertain that.
So if that's what you're openingwith, we've seen enough.
Dani (27:12):
Mm-hmm.
Stephanie (27:13):
We've seen what we
needed to see.
Dani (27:16):
Um, yeah.
The jury has convicted you andI'm handing down your sentence.
You got it all wrong, judge.
Yeah.
No.
Hmm.
Uh, it's July and Hosford, has asentencing hearing.
He already pled guilty to thesecond degree murder quote.
You were Zach's friend, but yourloyalty unfortunately was to Mr.
(27:41):
McDermott.
I think there's good in youthough.
That was Judge Williamson.
She sentenced him to 25 yearswith 10 years fixed is way
different.
This is, it just blows my mind.
Kind of what the agreement was.
Mm-hmm.
(28:01):
And then what the judge does.
Right.
A agreements don't mean shit.
The judge is like, yeah.
I, I get to have a little sayhere though.
Mm.
Hosford told the judge quote,first of all, I would like to
apologize to the streets for thepain and suffering I have
caused.
I can't imagine the pain thatthey're going through and I
don't expect them to forgive me.
(28:23):
A
Stephanie (28:23):
very grownup
Dani (28:24):
type apology.
Hell yeah.
I mean, bad you were there.
I feel like he's a 17-year-oldwith a 23 and 24-year-old.
I feel like he got just wrappedup into this shit.
I don't think he really knewthat that all was gonna happen.
Stephanie (28:40):
I, and even if he
did, what?
How much power does he have inthis group?
Dynamic?
None.
Still not an excuse?
No.
But I mean, like you said, hechose not to shoot him.
I know that's a low bar, right?
It is a low bar.
But especially, I mean, as ahigh school kid, that surprised
me that he was the one thatsaid, yeah, I can't do that.
(29:02):
I can't do that.
Yeah.
Mm-hmm.
Dani (29:04):
And of course there are
pills.
Pills, and I'm not gonna gothrough all of'em, but I did
find one interesting from 2015.
Oh, let's hear it.
McDermott filed a case againstWarden Kim Miller for violating
his eighth amendment bydemonstrating deliberate
indifference to his persistentconstipation.
Stephanie (29:28):
What the.
Can you just read that sentenceagain because it was so many
unexpected words that I wouldn'tthink to be together in a court
case that my brain justcompletely went, eh, what
Dani (29:42):
I know.
Okay.
McDermott filed a case againstthe warden Kim Miller for
violating his eighth amendmentby demonstrating deliberate
indifference to his persistentconstipation.
Stephanie (29:57):
I didn't know the
Constitution covered deliberate
indifference to constipationunder the eighth amendment.
I need to get out my pocketconstitution and find out how
this all ties in because, and Iwould
Dani (30:09):
just like to give myself a
pat on the back because that is
a lot, a mouthful.
A lot of.
Co a lot of,
Stephanie (30:17):
multi-syllable words.
Thank
Dani (30:18):
you all
Stephanie (30:19):
at
Dani (30:19):
once and that you don't
see together.
Thank you.
Demonstrating deliberateindifference to his persistent
constipation.
The
Stephanie (30:28):
next time you piss me
off, I'm gonna say, are you
demonstrating deliberate inindifference to my persistent
ation?
Ah, it is under the constitutionthat you can't do that Eighth
amendment.
Danny, ever read it?
Dani (30:47):
I just had to share that
with you.
Stephanie (30:49):
That what a wild
find.
Mm-hmm.
Dani (30:52):
I'd be like, is
Stephanie (30:52):
this a misprint?
Is this April Fool's paper?
What happened here?
Dani (30:57):
McDermott.
So the, this is the, the findingfrom the court.
What did they finding?
McDermott has failed to showdeliberate indifference to his
serious medical needs asrequired under the eighth
amendment.
The court said to the contrary,the record reflects that
McDermott received continualmedical care and that prison
(31:21):
medical officials attempted toaddress his concerns through
various diagnostic tests andtreatment plans.
McDermott offers no support forhis claim that he is
constitutionally entitled to betreated with brand name as
opposed to generic Metamucil ashe demands.
Stephanie (31:41):
Give me that.
I don't want that count.
You know, store brand shit.
Give me my fucking Metamucilmotherfucker.
If it ain't the Metamucil, Ican't even get a real Dax around
here.
Hmm.
What the hell is this a prison?
Dani (32:00):
This place is?
He acts like I went out and shotsomebody in the fucking desert
for no reason.
Stephanie (32:07):
Get him an off-brand
NyQuil and take a nap, bro.
How much time did you put intoan appeal?
I can't shit, and that isserious shit, but to take it to
an appeal level.
Dani (32:21):
Mm-hmm.
Stephanie (32:22):
Pretty incredible.
And then
Dani (32:25):
the court just says, eh,
you, you failed.
Dani (2) (32:31):
I'll never get
Dani (32:33):
over this.
You can't shit.
And you can't win a court case.
Bye.
I will never get over this.
Why?
I, what the hell?
There's lots of appeals, but Ijust thought.
You know what?
I'm just gonna pull a fun onein.
That's
Stephanie (32:48):
Well, and you, we
know that most of the appeals
are just rigmarole.
Same stuff.
Dani (32:53):
Yep.
They're just grasping straws and
Stephanie (32:55):
it's nothing new.
Nothing new or interesting comesout.
It's, there's no need to go intodetail of each one, but yes.
What a find.
Thank you.
What a amazing find.
I try.
Dani (33:08):
so 2020 Hosford was
released in July.
Stephanie (33:13):
I was doing the math
and waiting for, were you math
the update?
Yes.
I was using, my fingers carriedthe one, so he was released And
these
Dani (33:21):
guys are still, I, I hate
to say yeah, it's just'cause I'm
old, but 2025 McDermott age 45is currently in the Ro
Correctional Center in Arizona.
Him and, Martinez, Mr.
Alfredo Yeah, are still downthere.
there was one other guy I, offthe top of my head, I can't
(33:43):
remember.
And while.
they send these long-termersdown there.
Mm-hmm.
Um, and while's in custody atthe Idaho State Correctional
Institution and he is eligiblefor parole in 2028.
Stephanie (33:59):
That is so soon.
Dani (34:00):
Yeah, it's coming.
Will he get it?
I don't know, but
Dani (2) (34:07):
I
Stephanie (34:07):
wonder.
McDermott.
Dani (34:08):
I hope you can't take a
shit.
Stephanie (34:09):
Yeah.
I'm like, what?
Is he still constipated to thisday?
I hope so.
Or they do, they give him thereal thing.
Who knows?
How's Saguaro treating you?
Dani (34:20):
You know what's really
sad?
He probably just needs somefucking flax seed or something
probably, and he can't get it.
Little fiber
Stephanie (34:26):
in your diet or
something.
Yeah, that makes sense.
Yeah.
Dani (34:29):
Sorry about your luck,
bro.
It's rough, but you murder aboutit and so go fuck yourself
Stephanie (34:36):
and what karma like
to have, that's like you did,
did the shittiest thing and now.
You are so plagued, plagued byconstipation that you brought it
to an appeals court.
You literally, you sued thewarden, you cited the eighth
amendment in relation to yourdiscomfort of constipation.
Dani (34:59):
I can't, shit, I'm gonna
write to the court about it.
You
Stephanie (35:02):
know, you're extra
constipated if you're willing to
do that.
Like, so I'm not sorry.
It's not a fun time for you bud.
I hope you get the great valuebrand of whatever the shitty is,
Metamucil there is, and, enjoythat.
(35:22):
Wow.
Good one, Danny.
Shorter one, but to the point.
And it's just wild.
The, the shit that you find.
So thank you for that story.
Yeah.
All right guys.
Hope you enjoyed shorty, butsweetie, today with a completely
outta left field ending that youcouldn't pay.
(35:43):
It's a shitty
Dani (35:44):
ending.
Stephanie (35:45):
Yeah, shitty ending.
but thank you for joining usagain.
thank you for following us onTikTok, Facebook, Instagram.
reach out to us if you have anyquestions, comments, concerns.
We are happy to chat with you.
You can go to the lethallibrary@gmail.com if you'd like
to email us.
And thank you again, Danny, foryour wonderful research in
(36:07):
bringing us an unknown story ofIdaho crime.
Absolutely.
Oh, and I have
Dani (36:13):
one ending thing.
Lori Vallow.
I got, another little guiltytoday.
Go fuck yourself, Laurie.
Stephanie (36:22):
Yeah.
Fuck yourself.
Thank you.
Thank you.
Bye.