05: Tunnel Vision

The prosecution present their evidence to a grand jury as the defence hire a detective to try and find the killer.

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Show Notes: https://theshatteredwindow.com/04-detained-grief

Episode Transcript

(00:02):
They began to focus on Cynthia andDavid as the Soul Suspects, immediately hosted
by Emily G. Thompson and EileenMcFarlane. This is the Shattered Window.

(00:30):
On November twenty second, the morningof David and Cynthia's arrest, two law
enforcement agents had stayed behind at Dwallabyhome, Officer Kauwee and Shocknessy. They
told Anne to wake Davy because hewas being taken into protective custody. Davy

(00:50):
was upset when he woke up he'dhad an accident. Anne lifted the sleepy
four year old onto his parents' bedand started to change his clothes. Davy
was still crying and confused. Annetried to persist that they couldn't take him,
but the officers threatened to arrest herif she got in their way.
Officer Cowey stood by as Anne strippedand dressed Davy before he agreed to go

(01:14):
for a ride in the police car. Anne told him he'll be home soon.
In the car, Officer Cowey askedDavy if he remembered what happened the
night Jackuelin went missing and if heknew what happened to her. Davy just
knew he wanted Jacklin Hume for Christmasand asked if he would be home for
Thanksgiving. The officer answered that hedidn't think so. They drove to the

(01:40):
Department of Children and Family Service ash Q in Chicago, over half an
hour away from Midlothian, and everyone the little boy knew. When Officer
Cowe handed Davy over to Marland Daniels, a case worker, he allegedly told
him that Cynthia and David were drugusers that had been arrested for their daughter's
murder. Officer always said that Annedrank law and he thought that they might

(02:01):
be part of a Satanic cult basedon David's rose tattoo and a drawing of
a crow Jacqueline had done supposed devilworship symbols. Daniels asked Davy if he
had any siblings. Davy told himthat he had a sister that had gone
to God and that two men hadcome into their house, wrapped Jacqueline in

(02:22):
a blanket and taken her away.He said he didn't see the men.
Daniels wrote that Davy's parents had beencharged in connection with his sister's murder and
that he was at risk of physicalinjury. Shortly after, Davy was taken
to the Pediatric Ecology Unit at MountSinai Hospital. The specialized unit for abused,

(02:43):
neglected, and emotionally troubled children wasestablished in nineteen eighty five. It
was designed to treat both physical andbehavioral problems that arise from problems in childhood.
It was the first pediatric program ofthe kind in the nation and was
developed in part by doctor Howard B. Chairman. When it first opened,
he said, a large part ofcaring for a child is not just treating

(03:07):
physical ailments. Will give them psychiatrictests, psychological evaluation, and evaluate the
family with the child. If youjust go into a home, that's a
one shot deal. The hospital wasin a contract with the state of Illinois
to evaluate and treat child abuse victims. Many were critical of the practices.

(03:31):
When Davy arrived at Mount Sinai,he was examined for signs of physical abuse.
They even performed a rectal and genitalexam on the four year old without
his parents present or anyone he knew. Doctor Sharona Art performed the exam.
She then prepared a chart indicating thatDavy had seventeen marks on his body.

(03:52):
Assistant District Attorney Dean Moore ask orderedthat Davy be photographed from various angles by
the Chicago Police Department. These photosshowed no marks whatsoever. During an exam
conducted by child development specialist Noel Kolinowski, Davy was found to be well developed
and responded normally to questions about Jacquelineand if his parents ever hid them.

(04:15):
Officer Cowae offered to present to supportingevidence to the psychologist. He told them
that Davy's parents had failed polygraphs whenasked about Jackline's death, how Cynthia had
no reaction when she was arrested,and that she had Jacqulin's underwear in her
purse. Cynthia had put the underwearin her purse to give till into Betrien,
the psychic that met with them beforeJacklin was found. Reporters were told

(04:39):
that Davy was hospitalized because he wasemotionally distraught, but they weren't told why.
That night, Davy cried himself tosleep him inst Cyinai. He begged
one of the nurses to let himgo home. Meanwhile, over in the
county jail, Cynthia dreamed that Davywas calling out for help. The next

(05:00):
day, a hearing was held atJuvenile Court where it was decided that the
custody of Davy should be granted tothe state. The decision was set to
be reviewed on December seventh, whereit could be decided if the little boy
could be placed with family members.Allegedly, the physician who examined Davy found
welst that he said were caused bya belt. According to the physician,

(05:24):
some of the welts were old andsome were new. According to police,
this hinted towards a motive in themurder of Jaqueline. She too was being
abused and threatened to tell somebody,the police concluded. The police also concluded
that Davy had possibly been sexually abusedwhile living at home. Davy wouldn't be
home for Thanksgiving. Copies of doctorAhart's report with the diagram showing where Davy

(05:48):
allegedly had bruises, were sent tonews reporters. Channel seventh, Dick Johnson
ran the story that Davy had allegedlybeen physically and sexually abused. Following the
reports, the media seemed to focussolely on the allegation of abuse, but
printed them not as allegations and asfact. There was never any mention that
the countering reports from those who saidthat Davy wasn't abused. Robbardon spoke about

(06:12):
this, you know a safe report. I mean they're like child psychologist at
Mercy Hospital just sabricated fas and roomwas fast because the owner of Public Guardian
observed the interview and countrid that thechild psychologists wrote. On Friday, November

(06:33):
twenty fifth, three days after Davywas taken from his home, Marlin Daniels,
the child services worker, met withDavid's sister, Rose and her husband.
Rose and John were special education teachersin the junior High school and had
two young sons of their own.They wanted Davy to stay with them.
He could have his own room andthe comfort of family. Daniels told them

(06:56):
that he would let them know whenthe decision was made. Instead, Davy
was to be moved on Monday toHefzebah, a temporary shelter for children.
That same day, at Cook CountyPublic Guardian's Office, Attorney Jeanette Volpe was
assigned to represent Davy. Miss Volpewas present when he was being questioned for
the second time at the hospital.Also present was Assistant State Attorney more ask

(07:19):
Doctor Kolnovsky interviewed Davy again. Davywas asked if his mother ever hid him
with anything and if she had Jacklinwith anything. His response would later be
disputed by those present. The interviewended with doctor Kolnovsky concluding that Davy's statements
were consistent with a history of physicalabuse to himself and Jacklin. Jeanette Vulp

(07:40):
said Davy didn't understand what was happeningto him. The ment SINEI worker questioned
him over and over again about hisparents and his sister. He was being
pressed for information he clearly didn't have. The following morning, Davy met with
doctor Stanley Luke, a psychologist amountSINEI. When Davy cried and asked where
his parents were, doctor Luke toldhim that they were with the police in

(08:01):
jail. Davy was inconsolable, butdoctor Luke's reports stated that he seemed to
accept this news fairly well. Davy'smedical chart from the same day said that
he was hysterical and needed the nurseto console him. On Sunday evening,
members of the Dwallaby family were finallyallowed to visit his Cyoni. It had

(08:22):
been five days since Davy saw anyof his family members or a familiar face.
He constantly cried and said that hewanted to go home. Anne Rose,
John, and Cynthia's mother Mary traveledto the hospital that night to see
him. Mary's name wasn't on thelist and she was refused entry. Devastated,

(08:43):
she said that the whole thing wasn'tright. Anne, Rose, and
John were allowed to see Davy separatelyfor fifteen minutes each. The usually happy,
playful child was a shadow of hisformer self. He clung to Rose,
trying desperately to compose himself. WhenAnne went up, she felt enormous
guilt. She had been the onewith Davy when he was taken from his

(09:05):
bed. She knew he probably blamedher. Anne addressed Davy the morning he
was taken, and he was stillwearing the same socks when she went into
the hospital room. Davy promised tobehave if he could come home, and
told Anne that his mummy and daddywere in jail. Anne tried in vain
to comfort her grandson. She wasinterrupted by the social worker and told that

(09:28):
she couldn't make promises or tell himthat he could come home soon. When
Anne had to leave, Davy sobbedHe believed that Anne could just take him
home with her. He didn't understandwhy he was being left behind. Davy
had become increasingly depressed while at lentcy and I, but following his stay,
he was transferred to Hefseebah, anagency that at a ten bed diagnotic
facility for children who were temporarily removedfrom their parents' care. Mary Ann Brown

(09:54):
was the director of the center.She collected Davy from NCYINI and brought him
to Hefsebah. There were other childrenthere. They ate together and Davy asked
them to say a prayer for Jackline. It was said that when he was
moved from the hospital, Davy's moodsignificantly improved. On the first of December,

(10:18):
the Dawallabies attorneys for the child servicescase, Janet Trafelet and Catherine Ryan,
were in juvenile court arguing that Davyshould be placed in the custody of
family members. Other members of thefamily had decided that the likeliest candidates to
care for Davy would be David's twinsister Rose and her husband John. Both

(10:41):
Rose and John were special education teachers, meaning that they would easily pass d
c F S. Foster home requirements. While the couple were easily the most
suitable to take on a child,there had been ten different relatives that offered
to foster day. Irving Miller,another of the attorneys representing Davy, said

(11:05):
that if the cord did not allowRose and John to have custody, then
he would be seeking custody for anotherfamily member. In the courtroom, Miller
said, there is no indication thatany relative put any bruises on day of
a duallaby. If in fact,there are any bruises on day of a
duwallaby, if there's no indication ora till of evidence that a family member

(11:28):
abused the boy, then the boyshould be placed with the family. Juvenile
Court jage Robert Smeershock, denied therequest that Davy be sent to live with
family members. He ordered the Davyremaining the custody of DCFS and stay at
a foster home. He did,however, decide that Davy could visit Cynthia

(11:52):
and David in the Cook Goundy jail, but the visits would be supervised by
Cook Gundy Sheriff's Police and a socialwork from DCFS. The judge scheduled another
hearing for the fifteenth of December topotentially revise his decision on whether Davy could
be sent to live with a familymember. Patrick Murphy, Davy's County Cook

(12:16):
public guardian, but led the policeand prosecutors incessantly questioned Davy for three or
to four days. He said,what they did to that kid, I
think was unconscionable. They questioned himlike a defendant. They were trying to
get him as a witness. Healso added that after speaking to Davy and

(12:37):
viewing his medical files, he wasunsure as to how they came to this
conclusion because he could find nothing toindicate physical or sexual abuse. He also
added the Davy had been incessantly beggingto see his parents, and then he
missed them very much. Murphy wasn'tthe only person to reach the conclusion that

(13:00):
Davy hadn't been abused. There werea number of psychologists and physicians in Mount
Sinai that found no such evidence ofabuse. Helen Chaeffer, one of the
case workers, wrote a report whichsaid that there was no evidence of any
kind of abuse, physical, mental, or sexual. Her report was supported

(13:20):
by contemporary notes, while others whoreached a different conclusion seemingly disposed of their
notes. Furthermore, a number ofx rites had been taken of Davy and
they showed there was no evidence offractures or bone destruction, something which would
indicate abuse. Mary Anne Browne,the executive director for Half Ziba, had

(13:43):
fought for Cynthia and David to begranted visitation rights. She said that denying
the visits would be extremely severe becauseDavy had lost his sister and losing his
parents as well would have been detrimentalto his mental health. The judge had
ordered contact visits between Davy and hisparents, believing that is what had been

(14:05):
recommended. Cynthia remembered the first timethat Davy was bought to see her in
jail. She was watching from thewindow when she saw him being led by
Mary Anne. When he was broughtin, she was allowed to hug him
for the first time and what feltlike forever. He sat on her knee
while she told him that she lovedhim and that he should be praying before

(14:26):
bed each night and to include Jacquelinein his prayers. He told her that
he was eating yogurts, his favoritefood, and asked his mother what kind
of food she was eating. MaryAnn Braun said the following about the visit,
and Gone in the Night, abook about the kiss written by David
Protests and Rob Warden. It wasvery hard felt. He sat on his

(14:50):
mom's lap and stroked her face.She said she loved him, and he
said he loved her. There werea lot of hugs and kisses. Cynthia
reminded Davy to say his prayers andthat he should pray for Jacqueline. Davy
tried to reassure her that he wasokay. We brought pictures of him at
Hefzebah so that she could visualize wherehe was. Cynthia asked him what he

(15:13):
had been eating, and he saidyogurt. She said that was good.
She gave him a package of crackersthat she had saved from one of her
meals. We had brought some cookies, but weren't allowed to give them to
her. We spent an hour.The visit ended abruptly because the time seemed
to go so quickly. He didn'tcry. He was prepared, and he

(15:35):
knew that he was going to seehis dad next. When we'd left,
Cynthia waved until we were out ofsight. Davy kept turning around and waving.
Davy was also brought to visit David. Davy loved his father and was
always so happy to see him.Other inmates would save cookies from their meals
for David to give to his son. Mary Ann Brown said the visit was

(16:00):
very playful. You could tell thatthere were a lot of things that they
did together. They shared the cookiesand David and I laughed when Davy said,
I'm a cute little boy, aren'tI? Dad? Dave ad drew
a picture of himself and wrote thewords I love you. Davy put it
up on his wall of his bedroomand saved it the whole time he was

(16:21):
at Hefzibah. The visit was supposedto be an r but the guard gave
us some extra time. When wefinally had to leave, a David helped
him put on his coat and saidhe had grown a lot taller. When
Davy whispered I love you, hisstad cried. It was a tearful good
bye, very emotional, but Davyhandled it pretty well. The close relationship

(16:45):
between the father son Joe was evidentas it transpired. The judge had not
recommended contact visits, so the subsequentvisits were from behind panes of glass.
Mary Anne said it was difficult becausethey obviously were used to touching each other,
but David and Cynthia made the bestof it. They weren't about to

(17:06):
waste the visits. Cynthia and Daviepretended that they were in a spaceship,
like it was something out of amovie they had seen together. She read
him a book. She had tohold it up to the glass so that
he could see the pictures when sheturned the pages. Both parents focused a
lot on him. They would askwhat he ate and what he did.

(17:26):
They were very concerned that he wouldsee the media coverage and that it would
add to his anxiety. David hada wonderful report with his mom and dad.
This was one of the most conclusivepieces of evidence. To have a
sister die and his parents disappear waspretty alarming to him, but he was
on target for a four year old, just a regular kid. Through Allaby

(17:52):
spoke to Davy on the phone everysingle day. They made sure to tell
him how much they loved him andthat they would be together soon. Davy's
voice was sad and distant. Basedon the interaction between David and Cynthia and
Davy. It was evident that Davywas not abused by his parents, quite
the contrary. In fact, Davythrived when he was in the company of

(18:15):
his mom and dad, and itwas indisputable that they dated on him.
David had given Davy an oreo duringthe first visit, and Davy kept it
with him in his pocket for solong that eventually it had to be thrown
out. On November twenty eighth,the same day that Davy was transferred to

(18:55):
Hepsibah, the Illinois of Alette corpanelrefused to grant bail to Cynthia and David.
They also ordered that the troal courtconducted preliminary hearing forthwith to determine whether
there was probable cause to continue holdingCynthia and David. The appellate court ordered
that when the hearing was complete,the trial should reconsider Cynthia and David's request

(19:15):
were bond. In documents that hadbeen filed with the appellate court, prosecutors
once again divulged very little information regardingthe evidence they allegedly had against Cynthia and
David. They reiterated that they hadan eye witness who placed David at the
scene, and they additionally stated withoutproof, that the rope founder in Jacline's
neck had come from inside the Dwallabyhome. During the hearing, the prosecution

(19:37):
had argued that the couple should beheld at bail because the crime they had
committed was indicative of exceptionally heinous andbrutal behavior. Adding imagined the seven year
old victim knowing her own parents weregoing to strangle her, and in fact
did strangle her to death. Thehearing was scheduled for later on that week,
but following the hearing, Ralph Metchickwent to Len's court to try and

(20:00):
seek an immediate hearing. Both Metricand Hyman had argued that forthwith meant immediately,
but Judge Michael Boland disagree with theirassertion. Citing a fourth edition of
Black's Law Dictionary, Judge Boland arguedthat forthwidth meant as soon as possible.
Due to the conflict, it wasdecided that the state would go before a
grand jury, and if the grandjury handed in an indictment, then a

(20:22):
preliminary hearing would not be necessary.This decision was preferable to the prosecution because
it meant that they did not needa public preliminary hearing. Which would make
the circumstantial evidence against the couple ofpublic. Grand Jury hearings are sometimes used
as an alternative to preliminary hearings,either of which are necessary after an arrest
to establish whether or not there isenough probable cause to indicate that the accused

(20:45):
is committed a crime. A prosecutormust present sufficient evidence to charge the defendant
with the crime, or they willnot be required to stand trial if there
is not sufficient evidence, and judgesobliged to dismiss the charges. A grand
jury is made up of members ofthe public that reviewed the evidence presented solely
by the prosecution. They must reviewit according to a probably call standard to

(21:10):
determine if the evidence is sufficient enoughissue indictments for they accused to stand trial
for the charges. Prosecutors spent overhalf an hour presenting the evidence they claimed
to have to the grand jury.Whilst the proceedings had been unpublished at the
time, we can see retrospectively whathappened in the courtroom. Transcripts revealed that

(21:30):
Patrick O'Brien for the prosecution, calledtwo witnesses to testify in front of the
grand jury. Captain Daniel mcdivot headedthe task force responsible for the investigation into
Jacqueline's disappearance and murder. An AssistantDistrict Attorney Dean Moore ask O'Brien and the
two witnesses made it seem as thoughthere was concrete evidence to prove there had
never been an intruder in the Dwallabyhome and that not only had abusive parents

(21:53):
killed Jacqueline, but there were fivewitnesses that placed either David or Cynthia's Chevy
Malibu at the scene where jacqueline bodywas found. O'Brien asked very specific questions
when examining mcdivott. McDivitt answered positivelywhen asked if there had been undisturbed dust
on the inside of the basement window, despite the fact that there had been
never any record of dust until weeksafter Jacquelin went missing. Mcdivott also agreed

(22:18):
that David had told him that allof the doors had been closed, locked
and bolted on the night in question, when in fact, David had only
referenced locking the front tour Ann hadgot out the back door and the sliding
patio doors, when never mentioned inpolice reports. O'Brien asked Captain mcdivott if
Everett Mann had seen a Chevy Malibuat the Islander Apartments on the night Jacklin
was taken on. Mctiviot answered yes. He answered the same when asked if

(22:41):
Man had selected David from a photoarray, indicating that he had made a
positive id, when in fact Mannhad said that David's nose seemed the most
similar to the silhouette he had seenin dark parking lot from seventy five yards
away. Captain mctivott also answered jestto whether the hares found in the trunk
liner of the Malabo were similar toJacqueline's hair, whether there was human blood

(23:03):
found on Jacqueline's pillow, whether witnesseshad seen a chebby Malibu at the Olander
Apartments on the evening of September thirteenth, and whether David had asked if Jackling
had been found in a field whenhe was told she was dead. They
failed to mention that there was ahair net in the trunk that Cynthia used
for work, and that there wasno fibrous transferred to indicate the Jacqueline or
her do they had been in thetrunk. They also admitted that the blood

(23:26):
on the pillow was all staining.The witnesses had said that they saw cheby
Malibu in the afternoon, at thesame time the Dwallaby's car was parked in
front of their drive, alongside severalpolice vehicles. They also left out the
fact that David new investigators were searchingfields for Jacqueline and that Linda Patrine had
warned him that Jacklin would be foundstrangled in a field. Without any of

(23:47):
this information, the grand jury couldonly see what the prosecution wanted them to
see. O'Brien then showed the grandjury twenty photographs of Jacqueline's decomposed body and
a further twenty one autopsy photos,telling them that man had identified David as
a driver in a fairly well letparking lot on the night Jacklan went missing.

(24:07):
The audio tape of Everettmann's statement willcompletely discredit this, but the grand
jury weren't privy to that. Robbardonspoke about Patrick O'Brien. After Robert Clifford,
the original prosecutor, had determined thatthe identification was worthless, he was

(24:29):
basically kicked off the case. Anew guy named Patrick O'Brien took it over.
Well. Brian had to have knownthat that identification was worthless and yet
he proceeded with the case. Andthis all happened under Richard in Daily as
the state's attorney, who had ambitionslater realized to become Mayor of Chicago.

(24:53):
So there were political overtones here,reasons to proceed with this case and the
disgrace and arbod labels squarely the blamesquarely on Patrick O'Brien and Richard him Bay
for allowing this, this absolutely howterrific, wrathful persecution to go forward in

(25:15):
the first place. It's just inexcusable. Nothing I can say beyond that,
it's just was absolutely outrageous. AssistantState Attorney Dean Moore asked was the next
to take the stand he spoke aboutwitnessing Davy's examination, amain Cyani O'Brien asked

(25:37):
him if Davy had said that Jackolanwas the one that always got spank so
much more. Asque said that hehad said that. O'Brien asked if Davy
had indicated that Jacklin had been spankedat a broom, a belt and a
rope a Moore Asque said that thatwas correct. Jeanette Bolt was also present
for that interview and would later disputethis entirely O'Brien Moore ask if he had

(26:00):
seen doctor Ahart's reports and chart indicatinginjuries on Davy's body, and more asks
that he had. These charts werepresented as evidence. The police photographs that
Morasque himself had ordered to be takenof Davy were not. Those photos showed
that there were no injuries like doctorAhart that alleged. Given that the grand
jury were presented with carefully selected evidenceand curated testimony, it is unsurprising that

(26:25):
they voted to indict Cynthia and Davidd Wallaby, charging them with first degree
murder and the concealment of a homicide. The indictments were read in open court
on December second, nineteen eighty eight, moments before Cynthia and David were reigned
before a judge. They both pleadednot guilty, and the case was assigned
to Judge Richard Neville. Judge Nevillwas a former prosecutor and the son of

(26:48):
a Chicago police officer, but alot more favorable than other judges that may
have been assigned. According to theindictment, Cynthia and David had intentionally and
knowingly strangled and killed Jacklin and thenconcealed her death by transporting her body to
where it would be found in BlueIsland. Ralph Natchick, David's lawyer,
said after the arrayment that the supportof the Duwallabies thought it was an outrage

(27:11):
that they took a little boy awayand locked up the mother and father while
the real killer is going unpunished.Days later, at a bondiering on December
fifth, prosecutors modified their position thatthe coup would be held at a bond
and instead asked that they be heldat one million dollar bond each. Circuit
Judge Richard Neville ordered an eight hundredthousand dollar bond for David and a three

(27:33):
hundred thousand dollar bond for Cynthia.The requirement for no bonds that the evidence
of guilt must be great. Theprosecutors had a purely circumstantial case Cynthia and
David's lawyers subsequently request a reduction forthe bonds. Metick argued that the evidence
against David was paper tin, whileHeiman argued that the prosecution had not presented
a scintilla of evidence against Cynthia.Standing outside of court was David's employer,

(27:59):
who said he was there to testifyto David's character if the judge called on
him. David and Cynthia had knownthat they were the focus of investigation and
knew they could be arrested at anypoint. Despite this, neither of them
fled, and according to their lawyers, this indicated that they were not a
flight risk. During the hearing,Judge Richard Neville announced that the couple could

(28:19):
be released on bond if they wereable to post one hundred and ten thousand
dollars, which was ten percent oftheir total bond. Cynthia appeared to be
emotional. Tears could be seen intheir eyes as it was announced that the
couple could be released if they wereable to post the percentage of the bond.
Ten days later, Cynthia's bond wasreduced to one hundred thousand dollars and
David's was reduced to five hundred thousanddollars. The earlier ruling that they could

(28:42):
be released if they were able topost tempercent of their bond still stood.
That evening December fifteenth, at aroundeight ten pm, a sullen look in
Cynthia was seen leaving the Cook CountyJail, accompanied by our lawyer, Lawrence
Hyman. He said Cynthia Duallaby wouldlike to tell Lea that she and her
husband are innocent and they are grievingover the loss of their children. Family

(29:04):
and friends of the couple were attemptingto gather the fifty thousand dollars that was
required for David's release. By thenext morning, ten percent of the bond
had been collected from loved ones,and David was released from Cook County Jail.
The couple could be together after twentyfour days. While this should have
been caused to celebrate, or atleast to a certain extent, Davy was

(29:26):
not able to come home, makingthe breath of fresh air a somber one.
The state were still compiling evidence againstthe Dwallabies in preparation for the trial
schedule the following summer. The brokenbasin window had been given to state forensic
microscopist Ralph el Meyer. Mayor analyzedhow the broken pieces fit together and determined
that the window had in fact beenbroken from the outside, not the inside

(29:48):
like the police had assumed. Mayorhad to reassemble the window in order to
determine the direction of the force heused to break it. When a window
breaks, there are two types ofbreaks. That going to occur concentric breaks
and radio brakes. Radio brakes radiatefrom the point of impact and are linear
in appearance, and concentric breaks arebreaks that connect radio breaks together. They

(30:11):
are circular in appearance. When determiningthe direction of force, an analyst looks
for stress marks indicate where the pointof impact was. When may Or piece
together the wallaby shuttered window, hefound that the force to break it had
to have come from the outside.The investigators did not consider that the large
piece of glass found outside of thehome may have fallen down from above or

(30:34):
been pulled out from someone reaching forthe handle. David Protests, who worked
on this case as a journalist ofthe following they began to focus on Cynthia
and David as the soul suspects.Immediately you look at the original police reports
and they indicate from the initial interviewsthat they thought that Cynthia was crying too

(31:00):
much and all the right times,and that David was being glib and sarcastic.
The other reason that they reached theconclusion almost immediately that the Duollopies were
guilty, besides Jacqueline vanishing from theirhome, was that a broken basement window

(31:21):
was found that the Duvallabies indicated tothe police was the sign of an intruder,
but there were large pieces of glasslying outside the window, which the
police interpreted to mean that the windowhad been broken from inside and the fourth
of the glass was drove it outonto the sidewalk, and that the broken

(31:41):
glass was merely a sign of acover up by the Duvollobies, when in
fact they should have checked out whetheror not the window could have been broken
from the outside. It took acouple of months to reassemble the glass,
and in fact it was determined byit for and scientists that the glass in
the broken basement window was broken fromoutside the window, and the police assumptions

(32:07):
had been wrong from the beginning,reasonable assumptions, but wrong assumptions. At
this point that it had become arunaway train and the Wallabies were doomed to
be to be arrested. And Iassumed that the time probably convicted too,
because when you have a little girllike Jacqueline found with maggot infestation, the

(32:31):
horror of that to a jury,it means that someone's got to pay for
this, and the only two peoplewho could have paid for it were sitting
at the defense table, David andCynthia the Wallaby. The theory that the
Wallabies had been covering up an accidentto had stem from the idea that they
had broken the window from the insidein order to employ then intruder had taken
Jacqueline in the night. While theevidence disproved that this was the case,

(32:54):
the investigators maintained their belief that Cynthiaand David were responsible for Jaquelin's murder.
They just had to prove it,even after they had told the press that
it was true. Chicago lawyer BobBoyman spoke to us about his history Prosecutor
Pot O'Brien on the state's case.Well, it's not perjury to lie to

(33:15):
the press. In fact, onlythe government, at least in the United
States, is permitted to lie toa suspect. You're allowed to lie to
somebody to trick them into telling youwhether or not they committed a crime.
And so the prosecutors, for example, leaked to the press that the window
had been broken from the inside out. They never had any evidence that that

(33:38):
was so, and in fact,every forensic test that was done of the
window said it was broken from theoutside then, but they leaked false information
to the press. I have totell you I had some personal history with
the main prosecutor, Pat O'Brien.Ten years before the Duallaby case, I
had another murder case with O'Brien,and ironically his number two at that time

(34:02):
was Larry Hyman, who represented CynthiaDuality for a while. So O'Brian and
Hyman. This was a case inthe Projects of Chicago. It was a
black neighborhood that was turning to aPuerto Rican neighborhood, and there was all
kinds of gang activity going on.My guy was charged with shooting one of

(34:24):
the Puerto Rican gang leaders, andit turns out he actually did commit the
shooting. What he told me was, this was a guy who was thirty
six years old, He had anIQ of about eighty. He had never
had so much as a jaywalking violation. He had never been in trouble with

(34:45):
the law. But he's standing infront of his family's home. The Puerto
Rican gang comes up to him andsays, if your black asses aren't out
of this neighborhood by tomorrow, we'regoing to burn this house down. He
took that as an immediate threat calmlywalked up to his father's drawer where he
knew there was a gun, camedown and shot the guy. But the

(35:09):
state still had to prove it.And I had no trouble defending somebody who
thought he was defending his family.The state had to prove it, and
the only way they could was throughthe witness of the other gang member,
the eyewitness, who if he'd actuallybeen there, if they could have produced
him, it would have been prettyeasy to prove the case. O'Brien kept

(35:31):
obfuse skating when I said, Iwant the name, address, contact information
for your witness, and he keptsaying I don't have it. He keeps
moving around and said, well doyou have the witness, And finally we're
getting close to trial and he continuesto say he won't tell me what the
contact information is. And now suddenlyit's the day of the trial and he

(35:52):
offers two years, and the judgecalls the case and I say, Judge,
a great offer has just been madeto us. But I've asked for
mister O'Brien whether or not I cantalk to his witness, or at least
try to talk to his witness.The witness could have refused to talk to
me. That's the witness's right.And the judge said, yeah, let
him have the witness. O'Brien wasn'twilling to lie to the court. He

(36:15):
wasn't willing to do it while therewas a court reporter present. So he
said, your honor, I'm sorry, but we can't locate our witness.
The judge rolled his eyes and Isaid, your honor, I moved for
dismissal of the charges, and hegranted the motion. So O'Brien doesn't mind
lying to people. He lied tomy face multiple times about whether or not

(36:36):
he knew where his witness was.He lied to the press when he told
them about the window. He liedto the press when he told them that
he had an eyewitness. And bythe way, there's other history, which
I'm sure Dave Protests will tell youabout because he knows this better than I
do. But O'Brien wasn't head ofhomicide at the time that the Duallaby case

(37:00):
simmering. At that time, RichieDaily wanted to run for mayor. He
was done the state's attorney and wanteda conviction. He wanted to be tough
on crime, good on law,and order, so he didn't want the
Duallaby case hanging out their unsolved,and he kept telling his chief prosecutor get

(37:21):
an indictment against the Duallabies, andthe prosecutor refused. He said, there
isn't enough evidence. I'm not goingto bamboozle a grand jury and get an
indictment on a case we can't prove. So he was removed. You O'Brien
was put in because O'Brien was facileenough to do whatever Daily wanted him to.
He got the indictment, but I'msure I haven't seen the grand jury

(37:45):
transcripts recently. I don't remember whatwas said, but I'm sure he puffed
that as well. According to MariannBraun, she had hoped the Dava would
be returned to relatives after completing aninety day eatment program. Catherine Ryan,
Cynthia's lawyer in the custody Matyr,said that Davy should be alloyed to be

(38:07):
with his family. She said,we're concerned for the child's welfare given what
he's already been through. The couplewere able to visit Helfsebah a few times
a week to spend time with Davythe little boy. Tried to stay strong
for his parents, but he missedthem and his sister so much. Aunt

(38:28):
d Wallaby, his grandmother, rememberedthe once when Davies saw his father cry,
he told him, Dad, don'tcry. The other guys at work
will see you. Maryann Braun wasa great help to the Duallabies. Cynthia
and David never got the chance tofinish buying Davie's Christmas presents from his wish
list, and so the staff atHelfsebah picked up whatever was left to get.

(38:52):
Marianne even went into work on ChristmasDay so that the Duallabies could spend
the holiday with their son. Theytried to replicate a normal Christmas morning.
Cynthia and Davy opened presents together.David helped his son assemble his new g
I, Joe Plaine, and theymade a big breakfast together in the facility's

(39:13):
kitchen. On the way home fromthe Foster Center, they stopped at the
graveyard to visit Jacqueline's final resting place. As they walked up to the grave,
they saw a wreath with a redbow stuck into the solid icy ground.
There was a quarter taped to thetop of the bow, Jacqueline's grave
was unmarked, so it had tohave been someone who knew where the grave

(39:36):
was that left the wraith, butnone of the family members had left it
there. This wasn't the first timesecret offerings had been placed by Jacqueline's grave.
A single red rose had been leftbefore. By January twentieth, nineteen
eighty nine, Davy had been removedfrom foster care and was granted custody to

(39:58):
David's twin sister, Rose Medema andher husband John. David was granted permission
to have supervised visits with his motherand father, but only for twelve hours
awake and never alone. The followingmonth, Hyman once again asked for the
charges against Cynthia to be dismissed andclaimed that the state had failed to present

(40:21):
any evidence to the grand jury thatconnected her to the murder of Jacqueline.
Hyman's motion asked her County Criminal CourtJudge Richard Neville to review the grand jury
transcript. Metrick followed suit, filinghis own motion to have the charges against
David to be dismissed. They believedthat the grand jury had been misled into

(40:42):
believing that there was more evidence againstthe duallabies a said the prosecutor, Patrick
O'Brien had committed serious due process violations. At this point, the defense were
unaware that ever a man's testimony wasn'tas solid as it had been portrayed to
be, nor did they know thatdoctor Ahart's report that indicated Davy had been

(41:04):
abused was contested by the police photographsand Jeanette Vulpie's account of Davie's examination.
O'briane revealed the prosecution's evidence publicly forthe first time, airing was open to
the media who were still actively coveringthe case. O'Brien spoke about how the
police had found here's similar to Jacqueline'sin the trunk of her parents car and

(41:27):
bloodstains on her pillow. He alsosaid that Davie had told hospital staff that
Jacqueline was the one who always gotspank with items, including a rope.
O'briene stated that both Anne and oneof the Duallaby's neighbors had identified the rope
found around Jacqueline's neck as having comefrom the duallaby home. The prosecution told

(41:49):
the judge that not only was thereno evidence of an intruder coming into the
home, but also that there hadbeen a witness who saw a man in
a show Everleigh Malibu at the IslanderApartment parking lot. It ours before Jacquelin
was reported missing, saying he sawone white male in that car. He

(42:10):
identified leader in a photo array thatwhite male as being David d Wallaby.
Chevy Malibu is owned by the defendants. A photo of that car was shown
to the witness and identified. JudgeRichard Neville refused to dismiss the murder charges
and studied that he found no evidenceof prejudice against the couple. Cynthia and

(42:32):
David were still being advised to staysilent by their lawyers, just as the
police had advised them in the beginning, so when the story emerged detailing the
evidence against them, they could notdefend themselves. It's a reasonable assumption for

(42:53):
the police to have that d Wallabyshould have been suspects in the case.
I mean, Jacqueline vanished from rightin their home. They had to be
checked out, they had the evidencehad to be looked at with a view
toward David and Cynthia possibly being guilty. Because it does not happen very often.

(43:20):
Most abductions are by strangers or byparents, you know, in a
custodial dispute over children. For alittle girl seven years old to vanish that
way was just beyond people's imagination.The trouble with the police in this case

(43:42):
is they took a reasonable assumption thatthe parents might be involved, and then
they started looking for evidence that provedtheir assumption correct, rather than independently going
out and looking for the truth.The prosecution who were not focused on proving
that the Wallabies killed their daughter,while the defense hired a private investigator to

(44:04):
try to improve that they didn't.John Waters was a fifty year old Chicago
PD detective who worked as a privateinvestigator on the side. He initially hesitated
to work for the defense because,like many others, he believed that the
Dwallabies were guilty. Nevertheless, heagreed to take a look at the case
for magickan Hyman and make up hisown mind. The attorneys had issued a

(44:28):
subpoena for police records for the timeJacklin went missing and found a report that
immediately caught their attention. It wasfrom the night before Jacklin was taken just
over half a mile from the Dwallabieson Keystone Avenue, lived Arsabet Siky.
She and her family lived in abasement department. In the early hours of
September ninth, nineteen eighty eight,a man broke into the home at around

(44:52):
two am. Arzabet had been sleepingon the sofa in the living room when
she was awoken by a nois Initially, she believed that the noise may have
simply been a cat. However,moments later she saw a dark man in
her hole. When she screamed infear, the man fled. The intruder
had cut the screen in the bedroomwindow and climbed inside while everyone was asleep.

(45:16):
The police report mentioned that there wassome items taken, unlike in the
Dwallaby home, but it didn't mentionthat when Arsubut ran to check on her
children, who were still sleeping,her daughter, who was nearly seven,
was wrapped up in her bedclothes,as if someone had bundled her up.
Arzabut's daughter had brown hair and blueeyes, just like Jacqueline Waters. Also

(45:38):
looked inside the Dwallaby home, Inoted that the smudge marked the police had
seen underneath the basement window was clearlya footprint. He also noted that someone
definitely could have climbed down into thebasement by opening the window and siding feet
first on their stomach, using theirfoot to push themselves onto the ground below
without disturbing the metal rock beneath.The investigator had to look gout every aspect

(46:00):
of the prosecution's case, including thestar witness. Ever, at Man,
Waters was able to find out thatMan had applied for the police force numerous
times and was turned away after psychologicalexams showed that he had signs of cyclothamia,
a condition characterized by mood swings andsometimes manic or depressive episodes. This
could bring Man's credibility into question.Waters felt that whoever killed Jacqueline had to

(46:24):
have known her, and so hesuspected Jacqueline's paternal uncle, Tim Guess.
Tim hadn't been in the home beforeto the dallabies knowledge, but he had
seen Jacqueline just prior to her deathwhen she went to stay with her grandmother.
The previous pi for the defense hadfound a link between guests and the
islander apartments he used to drive their, often to collect a waitress that worked

(46:45):
at the restaurant he frequented. Itseemed like guests had a rock solid alibi.
Workers of the diner said that hehad been there all night. He
always was Tim had psychological problems.Most stead he was harmless. He would
clean tables and collect glasses of thediner, even though he wasn't officially employed
by them. When Waters went tothe Islander apartments after midnight on a moonless

(47:08):
night, just like it had beenon the night Jacklin vanished, he noted
that he could see absolutely nothing.It was becoming clearer that the key witness
could not have seen anything definitive inthe dark parking lot. The route between
the Duallaby home and the Blue Islandapartments were winding woodland roads. It seemed
like there would have been plenty oflikely spots that someone could dump a body

(47:29):
not feet from a residential parking lot, unless the killer wanted the body to
be found. To get more ofan insight into the family dynamics between the
Duallabies and Jacklin's biological father's side,Waters went to Florida to meet Jimmy Guess,
who was serving time for what hecalled a date rape. Guest still
lowed Cynthia and told the PI thathe didn't believe that Cynthia would ever harm

(47:52):
Jacqueline. He didn't think David hadeither. Jimmy Guess had initially been hurt
when Jacklin was adopted by David,but signed himself to the fact that it
was for the best. The prosecutionhad gone to interview Jimmy, but after
failing to receive any incriminating evidence againstCynthia, they decided not to call him
as a witness. Waters had alsoconsidered Cynthia's brother, Michael Barelli, to

(48:14):
be suspicious. Barelli had been closewith the investigators from the beginning and was
not happy when Cynthia and David werereleased on bail. When Waters learned more
about Michael's past, his suspicion increased. Michael Barelli had four previous convictions and
ten arrests. He drove a midsized, dark blue late model car and was
familiar with the Blue Island area,having lived there before. The trial was

(48:38):
due to start around the same timeas Cynthia was due to give birth.
Wal there hadn't been any major breakin finding Jacqueline's killer. Waters felt like
he was close. Their legal feeshad left the family destitute. They had
to sell their home and move somewhereelse. Just before they moved, David
and his next door neighbor, BobTobert, carried out an experiment which they

(49:00):
recorded on tape. Bob was recordeddressed in dark clothes, opening the basement
window and sliding him backwards while lyingon his stomach. He uses his right
foot as leverage to push himself offthe ball as he drops quietly to the
floor below. This proved that someonecould have easily came through the window.
Jacqueline would have turned eight years oldon May seven, nineteen eighty nine.

(49:23):
Instead of attending her birthday party,her grandmother Mary Malia, visited her grave.
The grave was finally marked with aheadstone that denoted Jackline's name, date
of birth, and the date herbody was found. Her exact date of
death was not determined because of thelevel of decomposition when her remains were recovered.

(49:44):
Mary didn't expect anyone else to beat the grave when she got there,
but she wasn't alone. A manwas kneeling on the ground with his
arms stretched out. When he noticedMary, he asked her if she knew
Jacqueline. When she replied that shewas her grandmother, the man showed her
a little picture frame he had withthem in the frame was a picture of
Jacqueline cut from a newspaper article,juxtaposed with a religious picture. The stranger

(50:07):
told Mary that he had become aChristian. That Jay Jaqueline's body was found.
The private investigator looked into the manof the grave, but found no
links between him and Jacqueline's murder.Her death had a profound effect on many
people. Waters interviewed many of thedwallabies neighbors, and their sentiments were all
resoundingly supportive. The neighbors had previouslybeen interviewed by the police, and from

(50:30):
speaking with them, Waters deduced thatthe police reports were one sided and only
focused on anything remotely negative about Dwallabies. Bob and Mary Tobert, the next
door neighbors on the side where thewindow was broken, hadn't known David and
Cynthia two well before Jacqueline's disappearance,but had since become friends with them.
Bob said it was impossible that theparents next door were guilty. Even before

(50:52):
they got to know them well,he knew they were very family orientated.
Mary said that she had seen laundryhanging on the line in the and when
she went to work the next morningat five thirty am. She noted Cynthia's
car was still parked in the Awkwaposition it had been the night before when
she struggled to squeeze into a spotafter coming home from KFC. Holly Deck

(51:12):
lived on the other side of theDwallaby home. She said she did not
believe that Dwallabies were guilty of Jacqueline'smurder. She had seen Cynthia's car parked
awkwardly too, and stated that herdog had been barking incessantly in the direction
of the family's home on the nightJaculylin went missing. She said Cynthia is
a good mom. Other neighbors saidthat Jacqueline seemed like a normal kid.

(51:34):
The last Kis, who lived aroundthe corner from the Dwallabies had known David
for years. He had grown upin the home he was raising his own
family in, and his older brotherhad been good friends with the Lasky's son.
Frances Lasky said Cindi and Dave aregood parents who never laid a hand
under the kids. His wife,Betty, said that Cynthia's sherby Malaby,
was unreliable and broke down a lot. She didn't believe that it made any

(51:57):
sense for someone to use that carto transport the body when David's band had
been there, and she asked,why would you take a body in a
car that barely make it around theblock. The family that lived behind the
Dwallabies were the oire v Days.Laurie orir V Days spoke of how they
had made a cut in defense sothat their children could play together, and
that she never heard Jackline's parents becarchi to them and they would never spank

(52:19):
them. Daniel Verbal's daughter had beengood friends with Jackline. He truly believed
that Dwallabies were innocent, saying,I know what David did for the kids.
He took them fishing and camping andbuilt a fort and swing set for
them. His wife, or Ney, had worked to shift the night Jacklyn
disappeared, and she said that shetoo remembered Cynthia's car still being in the
same place the next morning. Whilemost of the neighbors expressed as strong beliefs

(52:43):
that Dwallabies were innocent, Wallers couldtell that some had been heavily influenced by
the prosecution and the police because theiranswers were riddled with information directly from the
prosecution. Jeffrey Klejac and his wifelived two doors down from the Dwallabies.
It was the prosecution's stance that Jeffreyhad positively adeified the rope found around Jaklin's
neck as being the rope he hadseen Davy playing with on occasions. However,

(53:07):
when he spoke to John Waters,he said that he had only told
them that it was similar. Onthe first of July nineteen eighty nine,
Cynthia was rushed to Olympia Field OsteopathicHospital, where she gave birth to a
seven pound, four ends healthy babygirl. She looked just like her older
sister, and Cynthia felt as thoughGod had brought her back her little girl

(53:29):
in spirit, at least. Theynamed the baby Carly Murray. The middle
name was in homage to Jacquelin,who had shared the same middle name.
The couple were overjoyed at the safearrival of their new baby girl, but
it was interrupted when a nurse cameinto the room and tearfully told them that
they had received a call from ChildProtective Services to inform them that they were

(53:52):
coming to take custody of the newborn. Cynthia and David were shocked. It
had been agreed that once they informedthe CP of Carly's birth that Mary,
Cynthia's mother would be grant to custodythe little girl. David rang to call
Ralph Metchick to try and rectify themistake, while Cynthia stood outside the nursery
anxiously awaiting someone coming to take herdaughter away again. Over an hour and

(54:16):
a half later, Metrick called Davidto let him know that CPS wouldn't be
taken Curly. The fear was overwhelming. David wrote about it in a letter
shortly after, saying, my wifeand I are delighted about her new daughter.
She doesn't know it yet, butshe's given us new hope and faith.
Curly is asleep. The nurse comesin the room a look of horror

(54:38):
in her eyes. What's wrong?I ask, please sit down. Suddenly,
my thoughts are flooded with fear.She could have told us there was
a bomb in the room and wewould not have been as frightened as we
were to hear those words. Isit next to my wife and I hold
her hand, and she's trembling.The nurse is nervous and trembling herself.

(55:00):
We just received a call from aman from DCFS He's told us he's on
his way to take your daughter backwith them. David stated in the letter,
beware of strangers. They'd take littlechildren from their parents and sometimes never
let them go home. Mary wasgranted temporary custody of Carly. Cynthia was

(55:24):
living with her mother and David wasliving with a sister. They felt no
closer to finding Jacqueline's killer and werepreparing to face a trial. They'd been
postponed due to their daughter's birth.Almost a year to the day that Jacquelin
was strangle to death and her smallbody was dumped among the tall weeds behind
a parking lot on Blue Island,an early similar event took place in the

(55:45):
same vicinity. A press conference washeld on September sixth, nineteen eighty nine.
Blue Island Police Chief Paul Greaves announcedthat there had been an arrest of
a man who was believed to haveassaulted a woman on the train platform earlier
that year, and more recently obducteda little girl from her bedroom. I'm
sexually assaulted her. We spoke withJoeksman, who worked on this case as

(56:07):
well. Perry or Dandez was almosta year to the day it was like
a year and a week away.Perry her Nandez was early September nineteen eighty
nine, September second September. Second. It was weird. I was again.
My partner was Doug Hoglan and hecalls me up on a Saturday morning

(56:30):
about seven o'clock. He says,hey, we got a Birdwarry. I
said, well, why are youcalling me for that. You can handle
that on your own. He says, you won't believe what they're calling a
bird worry. I said, whathe says. Going to Saint Francis,
I said, for a birdway whilewe got to defend suspect and custody there,
he says, no. Patrol says, I asked him what was taken?

(56:50):
They said a little girl. Sothat's when I went to Saint Francis
and that's when we that's was thestart of it. And one Doug and
I were interviewing her. She says, I think it was the guy that
lives down the alley, and Dougsaid, wait a minute. I arrested
Parry Hernandez. He lives down thealley years ago, and that's when we

(57:14):
kind of put it together. Hisprints were located at the crime scene and
they checked them right away, becauseyou know, hey, this is a
big case. And sure enough itwas for Parry Hernandez. On the night
of September two, nineteen eighty nine, Perry Hernandez snook into a Blue Island

(57:35):
home and abduct a six year oldgirl as she slept in her second floor
bedroom, just three feet from hertwin brother. Perry had broken a window
in the home that the little girlshared with her parents and four siblings,
all of whom were asleep. Hesilently climbed in without waking anybody. He
covered the little girl's mouth with hishand and whispered at her to remain silent,

(57:58):
before lifting her out of the bedand carrying her to a railroad bridge
along the Calumet River, where hethen raped her and let her run back
home. This happened just one shortmile from where Jaqueline's body had been discovered
along the same river, almost oneyear to the day. The little girl
was able to identify her kidnapper asher neighbor Perry Hernandez, and he was

(58:21):
subsequently arrested and sentenced to forty fiveyears in prison. After Perry was arrested
for this abduction, he was linkedto the attack of a woman. On
the twenty first of April nineteen eightynine, a woman had been walking through
Blue Island's Borough train station when shewas attacked from behind by a man.
The attacker dragged her by her hair, bit her face, thigh and breasts,

(58:44):
and brutally beat her. A numberof Metro employees had been watching the
CCTV footage as the attack unfolded andscared the attacker away. The case had
gone unsolved until Perry was arrested forthe September abduction of the six year old
girl. As it would soon bediscovered, Perry's girl friend, Julie Auster,

(59:04):
lived just five blocks from Jacqueline andher family, and she confided in
police that he frequently stayed overnight inher apartment. The similarities in this case
since the Wallaby case, were striking, and the d Wallaby attorneys would quickly
pick up on this and pen himas the potential murder suspect in the abduction
and murder of Jacqueline. John Waterswanted to learn more about the abduction to

(59:25):
see if there was any possible link. He went to the Sicky home where,
just the night before Jacqueline's abduction.There had been a break in.
Elizabet's young daughter had been found safein her bed, but her blankets were
bundled up around her, as ifsome one had wrapped her up. Eurzabeth
had scared the intruder off when JohnWaters showed her a picture of pairing Hernandez,

(59:46):
she said that he looked just likethe man she saw in her home
a year earlier. Waters asked Earzabethif anything had been taken from her home
that night, and she said thather daughter's ear rings had been taken,
along with other items. Jacqueline hadbeen wearing earrings when she was taken.
They were never recovered. The Duallabieswere hopeful that there would be justice for

(01:00:07):
Jacqueline. Cynthia said, I thoughtwe had finally found Jacqueline's murderer. The
Duallabies attorneys were busy preparing for pretrial hearings that were scheduled for that November.

(01:00:27):
They wanted to present the Hernandez caseat the trial to show the possible
link between the cases. They alsohad to try and discredit the prosecution's case
against the Duallabies. In Cynthia's case, there was no single damning piece of
evidence against her, but Everett Mannhad apparently seen David at the crime scene
where Jacqueline's body was later discovered.To try and disprove the prosecution's claims,

(01:00:52):
the defense carried out another taped experiment, just as they had done by getting
Bob Toolbird to climb through the Dawallabiesbasement window, proving it was possible.
This time, David drove to theisland or apartments at night in similar conditions
as there had been a year before, a camera was placed wherever it had

(01:01:14):
been standing when he claimed to haveseen a man matching David's description pull out
in a midsized blue Chevy Malibu thathe had proved that ever, it couldn't
have possibly seen anything discernible from thatdistance in the lighting conditions present on that
night. Instead of granting David anysense of relief, he was overcome with

(01:01:35):
sadness because, as he said,despite what the covs believe, this is
the first time I've been here.It's horrible to think this is where Jacqueline
ended up. A pre trial hearingis one of the most important parts of
any criminal case. It is thetime when the defense and prosecution argue over
what evidence will be admissible in thetrial. If something is deemed inadmissible in

(01:02:00):
court, the jury will not beable to consider it part of their deliberations,
and it could potentially swing a casefrom one verdict to another. Before
the hearing was scheduled for November twentieth, ninety ninety, the prosecution learned that
there had been a recording of Everett'sinitial statement about what he saw in the
Islander apartment car park. This tapewould stop and discredit any further evolution of

(01:02:27):
Everett's account. He had not positivelyidentified David Wallaby or his car. He
said that he saw a nose anda mid sized late model car. The
prosecution's eyewitness was no longer the smokinggun. The unidentified print that had been
found on the broken window was reexamined and found to beat Davies's fingerprint.

(01:02:50):
This was a blow to the defense, who could have argued that it belonged
to an intruder. November twentieth hearingwent head with the defense arguing to admit
the abduction committed by Hernandez, aswell as his attempted break in at another
home that night and the break inin the Siki home just before Jacqueline's murder.

(01:03:12):
The defense stated that the similarities inthe cases should be admissible as they
showed modus operandi and were logically relevantto disproving the prosecution's case that Cynthia and
David d Wallaby murdered their child.Pat O'Brien for the prosecution, said that
there were numerous distinctions between the crimesand nothing linking Hernandez to Jacqueline's abduction and

(01:03:37):
murder. The prosecutor outlined the distinctions. The young girl who had been abducted
and assaulted in Blue Island was ableto return home. Hernandez had left a
lot of evidence behind that he wasthere, including fingerprints and a pack of
cigarettes. Judge Nevill ruled that theevidence relating to the Blue Island abduction would

(01:04:00):
be admissible in court, but wouldnot allow the evidence relating to the siky
break in or the attempt at breakin Hernandez had admitted to because he could
not see a clear link. Aswell as dismissing this evidence, he also
ruled that the tape from the islandor apartments, proving that nothing could be
seen from where ever it was standing, would also be inadmissible, meaning that

(01:04:26):
jurors would have no idea about thestring of similar cases proving that a stranger
could easily sneak into a child's bedroomin the middle of the night, and
they would have to decide for themselveswhether or not to believe that Everett had
seen more than the silhouette of anose. Equally devastating was the fact that

(01:04:46):
the video tape showing that an intrudercould climb through the Duallaby's basement window was
lost. David and Cynthia decided tobe tried together, the prosecution no longer
seeking the death penalty, but thisdid little to ease the couple's pain.
David said, it doesn't matter ifyou're innocent. Dying isn't worse and spending

(01:05:13):
the rest of your life in chill. David and Cynthia the Wallaby were railroaded
by a killer, were railroaded andvictimized by police, and then railroaded and
victimized by the media and prosecutors lateron, and they ruined. They ruined
their lives. Thank you for listeningto today's episode of The Shattered Window.

(01:05:40):
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the Shattered Window on Patreon. Thelink is in the show notes. So

(01:06:00):
make sure you visit us at theShattered Window dot com for more information about
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(01:06:23):
that you enjoy and can help usreach new listeners. Once again, thank
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