Murdaugh Murders Podcast - TSP #71 - Top 10 Systemic Failures That Benefited Bowen Turner + The Big Suicide Lie and the Christa Bauer Gilley Case
Episode Date: October 24, 2024Investigative journalists Mandy Matney and Liz Farrell begin their look into the Oct. 7 death of 38-year-old Christa Bauer Gilley in Texas and the arrest of her husband, Lee Gilley, who initiall...y told investigators that Christa died by suicide after an argument they had. Christa, who was nine weeks pregnant at the time of her death, was strangled to death according to investigators. It’s yet another instance in which a woman’s cause of death is presented to law enforcement as a suicide when evidence points to homicide. Mandy and Liz consider whether this is a new trend or something that has existed for generations and it’s taken until now to see through the Big Suicide Lie from spouses and romantic partners. Also on the show, the Top 10 Systemic Failures that have benefitted thrice-accused rapist Bowen Turner who is due to be released from prison on Halloween — including his latest quickie appearance in court where he was sentenced to time served after pleading guilty to resisting arrest earlier this year. Remember that ride to jail? When Bowen asked the state trooper to take him to his grandmother’s house because he didn’t believe White boys should go to jail? Plus updates in Buster Murdaugh’s defamation case and the Mallory Beach civil conspiracy case. Please consider supporting the GoFundMe for Christa Bauer Gilley children. Any money raised beyond the immediate needs of the family will go directly to Christa's children to help provide for their futures. gofund.me/041c0f9a Episode Resources The State v. Bowen G. Turner (In re: Victim C.B.) Overview Bowen Turner Victim Appeal Hearing - 9/10/24 H.R.4250 - PRESS Act Law & Crime's article on Christa Gilley’s murder Stay Tuned, Stay Pesky and Stay in the Sunlight...☀️ Join Luna Shark Premium today at Lunashark.Supercast.com. Premium Members also get access to searchable case files, written articles with documents, case photos, episode videos and exclusive live experiences with our hosts on lunasharkmedia.com all in one place. CLICK HERE to learn more: https://bit.ly/3BdUtOE. If you are in crisis, please call, text or chat with the Suicide and Crisis Lifeline at 988, or contact the Crisis Text Line by texting TALK to 741741. What We're Buying... Hungry Root - https://hungryroot.com/mandy to get 40% off your first delivery and get your free veggies.. Hungry Root is the easiest way to eat healthy. They send you fresh, high-quality groceries, simple, delicious recipes, and essential supplements. Task Rabbit - Use promo code "mandy" at https://www.taskrabbit.com/ for 15% off your task. Task Rabbit connects you with skilled Taskers to help with cleaning, moving, furniture assembly, home repairs, and more. Peloton - onepeloton.com Find your push. Find your power with Peloton at onepeloton.com. Here's a link to some of our favorite things: https://amzn.to/4cJ0eVn And a special thank you to our other amazing sponsors: Microdose.com, PELOTON, and VUORI. Use promo code "MANDY" for a special offer! *** ALERT: If you ever notice audio errors in the pod, email info@lunasharkmedia.com and we'll send fun merch to the first listener that finds something that needs to be adjusted! *** For current & accurate updates: TrueSunlight.com facebook.com/TrueSunlightPodcast/ Instagram.com/TrueSunlightPod Twitter.com/mandymatney Twitter.com/elizfarrell youtube.com/@LunaSharkMedia tiktok.com/@lunasharkmedia Learn more about your ad choices. Visit podcastchoices.com/adchoices
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I don't know if thrice accused rapist Bowen Turner will reoffend after he gets out of
prison next week, but after the system gave him yet another easy pass recently, I am worried
about what happens next as I am still learning just how broken our system is when it comes to victims of sexual assault
ever getting justice.
My name is Mandi Matney.
This is True Sunlight,
a podcast exposing crime and corruption
previously known as the Murdoch Murders Podcast.
True Sunlight is a Luna Shark production
written with journalist Liz Farrell.
Well here we are again, angry at the system for giving Bowen Turner yet another pass.
And yes, this one is new.
I am talking about another time that the system failed again and that failure only benefited
Bowen Turner. On September 25th,
Thrice accused rapist Bowen Turner
was quietly allowed to leave prison
and travel to Florence County,
where he pleaded guilty to his outstanding charge
from his March, 2024 DUI incident,
meaning that once again,
the system told this man, you can get away with anything.
And that means that this thrice accused rapist will be released from prison on Halloween
next Thursday.
And I mean it when I say please spread the word to warned women across South Carolina,
specifically in Columbia, Orangeburg, Bamberg, and Florence.
We will be screaming about this on our social media pages for the next week, and we would
love the help of the True Sunlight Army because unlike the majority of elected officials in
this state, we actually care about the safety of women. Now, for a much needed refresher on the case,
Turner is a thrice accused rapist,
thrice as in three different victims
in three different counties,
who got a shocking good old boy deal in 2022
thanks to his lawyer, lawmaker, attorney, Brad Huddo,
who by the way, is up for reelection next month,
so be sure not
to vote for him.
Turner screwed up that deal almost immediately and was thrown in prison under the Useful
Offenders Act for violating his parole.
He served a little over a year in prison before he was released last November, and by March,
he was already back behind bars for a daytime single car DUI crash
in Florence County, South Carolina.
He was towing his ATV, one of his toys at the time.
Essentially, Turner is the poster boy for good ol' boys in South Carolina and how their
version of protecting their own ends up endangering all of us. The system has given Bowen Turner chance after chance after chance, and here they are again
letting him off easy.
We need everyone to remember his face, remember everything he is accused of, and remember
what happened to their lives after they encountered Turner.
Most importantly, we need y'all to remember the names
of all of the public officials who let this man off easy.
I mean it when I say that no other case
has solidified my belief
that the South Carolina justice system
is in major need of an overhaul,
like the Bowen-Turner case has. And we need to talk about each one of the systemic
failures that only benefited Bowen-Turner. We need to talk about all of the times, and I counted there
are 10, that this system gave this man another chance. So let's start with April, 2018,
when Bowen allegedly assaulted his first victim,
who wishes not to be named.
The system gave Bowen a pass that only helped him
when they decided not to prosecute that case.
Had Bowen been charged in that case,
Dallas Stoller would likely be alive today, Chloe
Bess would likely have never been assaulted, and the lives of so many victims would have
been drastically different.
But he wasn't charged.
Which brings us to systemic failure number two that only benefited Bowen Turner.
After Dallas reported her assault in October 2018 and Bowen was charged in January 2019,
Judge Freeman not only released Bowen on an absurdly low $10,000 bond,
but just three weeks after he ordered Bowen to wear an ankle monitor,
Bowen's attorneys successfully argued for it to be removed. This paved the way for Bowen to assault again, with no consequences.
In less than six months after he was charged in Dallas' case, Bowen Turner, and I have
to say it, allegedly, raped Chloe Bess at a high school party in June 2019.
Which brings us to systemic failure number three.
At Bowen's bond hearing in the summer of 2019,
Bowen's attorney, state Senator Brad Hutto,
disgustingly and successfully argued
that Bowen was too good for Juvi.
And another judge, Judge George McFadden, agreed.
And he let him out of jail on a list of bond conditions, including
a GPS monitor that they never actually monitored.
So time is great for the defense, and the Second Circuit Solicitor's Office allowed
years to pass, which is another systemic failure that only benefited Bowen.
Because while Bowen was out on bond,
he was violating his house arrest dozens of times with no repercussions.
Solicitor Bill Weeks' office let this case sit for years with little to no
communication with the victims. This weighed heavy on Dallas Stoller who was
severely bullied by her peers and their parents.
Adults, I mean. From the moment that she told police about the rape.
A prosecutor who cared more about Dallas than he did about his own future and impressing lawyer
lawmakers would have likely changed the entire outcome of this story. But no.
Solicitor Bill Weeks chose not to make this case
his priority, and Dallas felt that.
If they ever would have updated her on the case,
if they would have pushed for a trial date
to give her hope for the closure
of this hellish period of her life,
I believe that Dallas would be alive today.
But they didn't, and Dallas Hayes Stahler succumbed
to self-inflicted injuries in November 2021, when she was just 21 years old.
That would be the biggest failure in this domino effect of failures.
A life was lost here.
We have to remember that.
Which brings us to systemic failure number 5 for Bowen.
And this is the big one, and the South Carolina Court of Appeals could fix this if they choose
to finally consider justice and public safety over careers, connections, and keeping the
status quo.
Back in 2022, Senator Brad Hutto managed to turn the hearing to address Bowen's multiple
and significant bond violations into a plea deal hearing for the rape cases.
He got Judge Markley Dennis, a Charleston judge who for some reason, and very out of
norm for him, was assigned to Orangeburg County that day.
And he got prosecutor David Miller to agree to a sweetheart deal for Bowen,
where he was able to plea down to just one count of assault,
and he was given probation under the Useful Offenders Act.
At the hearing, the court refused to allow survivor Chloe Bess' statement to be considered
before Turner's light sentence.
And that is exactly what the appeal case is about.
Listen to episodes 66 and 67 to hear from Chloe and more on that.
We never got answers about how exactly this sweetheart deal went down, but think about
it.
Chances are pretty high that prosecutor David Miller, who has been trying to be a judge for years now and
thankfully dropped out under pressure earlier this year, likely wanted to impress Senator Huddo, one of the most powerful lawmakers in the state.
Huddo carries major weight in the decision of who gets to become judge in South Carolina.
Is it possible that Miller gave thrice accused rapist Bowen Turner a sweetheart deal so that
he would advocate for his judgeship?
Definitely.
Because the alternative would be that all of these men failed to hold a thrice-accused
rapist accountable simply because they did not care enough about women.
Either way, the system failed big time here by allowing this sweetheart deal to go through
by not holding Bowen to account for violating Bond and by not prosecuting Dallas' case
at all.
If you remember, the plea deal hearing itself was supposed to be about Bond.
Which brings us to systemic failure number 6, And this is the only one that the system has a chance of correcting, with the current pending
case in the Court of Appeals.
They are arguing.
Chloe Bess' amazing attorneys Malia Bowers-Jefferson and Sarah Ford are arguing that the court
pulled a switcheroo in the last minute and did not give the victims a chance to speak on the deal.
That is, in a meaningful way, where they were listened to by the judge
before the judge decided to accept a plea to a much lesser charge
and before Turner was given probation.
This is the heart of their argument to the Court of Appeals,
that Chloe's constitutional rights were violated.
And guess what?
All of that only helped Bowen.
And that brings us to systemic failure that only benefited Bowen, number 7.
In May 2022, in a surprise to absolutely no one, Bowen Turner violated his parole in less
than a month, and he was back in jail for public disorderly conduct
after he reportedly threatened
to bite a deputy during his arrest.
But why was any charge for threatening a public employee?
I understand that that's not a huge charge,
but we've seen this in a lot of cases,
usually involving less privileged defendants,
when they load up every charge possible.
They didn't do that with Bowen,
but they gave him a year in prison
when it could have been up to five in our understanding
for violating the Useful Offenders Act.
During that time, when Bowen was finally behind bars,
Solicitor Bill Weeks' office did two things
to give Bowen an easy pass.
Which brings us to systemic failure number 8.
They told Dallas' family to stay out at the press and stay quiet while they work on possibly
prosecuting Dallas' rape case.
But remember, they dropped Dallas' case entirely because they claimed that they could
not prosecute a rape case without a victim.
Despite the evidence they had of Dallas' severe wounds from the assault, despite DNA
evidence, despite everything, despite the fact that murder cases are, by definition,
tried without a victim to testify.
They refuse to even try to prosecute Dallas' case,
again telling Bowen,
Go ahead, buddy, you can get away with anything.
And that he did.
Less than five months after Bowen was released from prison
for his Useful Offenders Act offense in March 2024,
Turner was arrested again when he was in a DUI crash in Florence County.
He was charged with driving under the influence, having an open container in a motor vehicle,
not wearing his seatbelt, public disorderly conduct, and resisting arrest.
Which was great, they loaded him up with charges.
But that brings us to systemic failure that held Bowen number 9.
All of the charges, except for the resisting arrest charge, were adjudicated with lightning
speed.
Bowen pleaded guilty to all of those charges and got time served as his sentence.
Time served being the 17 days he remained in jail
while they tried to figure out what to do with him
for violating his terms of probation.
Not only had we never seen a DUI case get pleaded this quickly before,
several attorney sources of ours hadn't either.
These cases take months and months, not days.
And for the grossest part, the worst part about Bowen's March arrest
is that attorney Sarah Ford and Dallas' father, Carl Stoller,
had to fight like hell to keep him behind bars.
The judge was set to let him go again.
But still, they gave this man time served for the charges that could have extended his prison sentence for at least a few more months.
Bowen has never gotten the maximum sentence on anything he has ever been charged with.
And isn't this case what max sentences are for?
Imagine if the system just once told him,
We are not giving you the easy route,
we are giving you the hardest route possible.
That is what we were all hoping for with this last remaining charge,
the most serious charge of resisting arrest,
which carries a max penalty of one year behind bars.
And that, y'all, is what brings us to
systemic failure that only helped Bowen Turner number
10.
On September 25, 2024, Bowen Turner pleaded guilty to resisting arrest in Florence County
General Sessions Court.
Judge David P. Karaker Jr. gave Bowen Turner, a man who has already been gifted the holy grail of systemic
failures.
He gave him another easy pass by sentencing him to 18 days of time served for the resisting
arrest charge, according to the public index.
That sentencing clears the way for Bowen to be released as scheduled from SEDC on Halloween
without any pending charges
hanging over him.
And I'm not saying that this part is a systemic failure yet, but I just want to point out
that it's a strange coincidence that a newly elected judge in the 15th Circuit covering
Georgetown and Horry counties was assigned to this case in Florence County. And guess where Bowen's recently hired attorney,
Aaron E. Bailey is from?
Georgetown.
It is not a smoking gun for corruption by any means,
but it's odd.
Now, before all you lawyers start emailing me
about how this is normal in our system,
let me start by saying I know and that is
the problem.
I know that judges and prosecutors are under pressure to clear cases and I know that defendants
typically don't plead guilty to charges like these when they are risking losing their driver's
license and serving any time in jail.
We are still waiting for the transcripts to see exactly how this deal went down.
But I do know that it's likely that this new judge
didn't see the totality of this case
and every other systemic failure that helped Bowen.
And sadly, I know that sentencing anyone
who has hired a lawyer to fight charges
to any time at all, even if it's
time served, looks good to them on paper.
The thing is, I am not sure that we can blame the Goodell boys for this most recent systemic
failure.
I think Bowen Turner's case is just showing us, time and time again, in the clearest way
possible, that this is how broken our system really is.
When you think about it,
Thrice accused rapist Bowen Turner essentially benefited
from his previous bad acts.
If this round of charges were Bowen's first rush
with the law, he would have likely spent years
and lots of money fighting the charges
to lessen his chances for punishment.
Most people don't want to risk a DUI on their record.
Most people don't want to risk 30 days in jail.
Most people don't want to risk losing their driver's license.
But thanks to Bowen's many, many major mistakes and judgment,
he had the privilege of lumping all of his bad acts
in with his latest crimes and getting time served for all of it.
I know consecutive sentences are rare in cases like this with misdemeanor charges.
But again, if Bowen Turner is not the perfect example of someone who deserves maximum sentencing,
I don't know who is.
The justice system should be focused on
public safety. The system should prioritize the safety of victims and the
public above all else. The system should provide a backstop for the criminals who
prove that they are a danger to the public time and time again.
The system should look at the totality of a criminal's past when determining the punishment
of a crime.
If Judge David Karakart took just a few minutes to look at Bowen's troubling past, he would
have seen a very blatant and obvious pattern. For six years, Bowen Turner has been repeating a dangerous cycle of getting into trouble,
getting out of it, then immediately going back to breaking the law again.
And an unfortunate amount of victims have been hurt in the process.
Beth Braden has foiled for the transcripts of Bowen's latest hearing so we can find
out exactly what went down there.
Was it corruption or just incompetence?
But in the meantime, again, this man is set to be released from prison next week, and
we want everyone to be alert.
On three separate occasions, Bowen Turner could not last six months without breaking
the law. On at least ten separate occasions, different officials from different positions
of power within the South Carolina justice system chose to give Bowen the benefit of
the doubt, chose to put Bowen's needs above the victims, and chose to give this man another chance without facing major consequences.
Ten times in four different judicial circuits. I'm talking about at least five judges looking
at Bowen and his problematic history in deciding that he does not deserve tough punishment.
The Bowen-Turner case is not as simple as a kid who got off easy because his parents paid big bucks for
a powerful good ol' boy attorney to make a deal.
It is worse than that.
The Bowen Turner case is simply showing us that the system is already fixed for the good
ol' boys.
The system does not consider sexual assault to be a public safety issue.
The system is designed for
privileged men like Bowen Turner. And the sick thing is that if Bowen heard that
sentence that I just said, I think he would agree. He knows that the system
treats him differently. He knows that it treats him better. And we know this
because of how he repeatedly told the state trooper on his way to jail
that he was a white boy and therefore he couldn't and shouldn't be taken to jail for a DUI.
Take me to my grandma's house, he told her.
Ten failures across several counties in multiple circuits is too many.
Two failures is too many. Two failures is too many.
And one life lost is too many.
If Chloe Bess, Sarah Ford, and their team
are successful in their Court of Appeals case,
victims will have the opportunity
to let judges know what happened to them
in their words and in their voices.
And a judge will have to consider those words, let judges know what happened to them in their words and in their voices.
And a judge will have to consider those words, those voices, when they decide whether justice
is being served with whatever lighter charge they plead down to.
And who knows what could happen from there if the system finally decides to prioritize
victims.
We are not expecting to hear from the Court of Appeals for months, but we will be watching
Bowen Turner and his whereabouts closely.
And we hope that law enforcement and the public will too.
Before we get into updates, I want to take a second to mention the Press Act.
A few weeks ago, advocacy groups for
journalists renewed their call for Congress to finally pass the act, which would, among other
things, further protect whistleblowers and other anonymous and unnamed sources by making it harder
for courts to order journalists to reveal those sources. It would also make it harder for unscrupulous lawyers to bully
reporters into backing down by doing things like using third parties to get at reporters'
phone and computer records. Mandy and I both know firsthand that these things happen because
a few years ago, Greg Parker's attorneys did a workaround by sending a subpoena to Verizon
for attorney Mark Tinsley's phone records, specifically asking
Verizon to check for our phone numbers. Now, shield laws exist in many states across the country,
but this federal law would serve as a strong backstop in those states and as a safety net
in the states that don't already have these protections. This is obviously important because of what we saw happen
in Marion, Kansas last year.
Would a federal law have deterred the police chief?
Would it have scared the judge enough to think twice
about signing those warrants?
Who knows?
But when you're a corrupt public official,
you tend to believe that you have enough connections
in your own state to, you know, just do what you want.
It's a whole other thing to have to face the feds who
usually don't care one bit about who you're connected to in state law enforcement.
At any rate, the Press Act is a bipartisan bill.
Press is an acronym for Protect Reporters from Exploitative State Spying.
It was passed by the House of Representatives earlier this year. We just need the Senate to pass it. protect reporters from exploitative state spying.
It was passed by the House of Representatives earlier this year.
We just need the Senate to pass it.
The Society of Professional Journalists and Reporters Committee for Freedom of the Press,
among others, have called on senators to make this happen.
One way you can help get it passed is to reach out to your U.S. Senator's offices via a phone call, email, or letter, or even social media, to encourage them to support the bill.
The way we see it, it's not just about helping to further protect the work we do.
It's about helping keep sunlight on people like former Marion Police Chief Gideon Cody and Judge Laura Vyer because
they're far from being the only ones out there who think they're above the law
when it comes to using their position of public trust to bully the press into
silence. Anyway, thank you in advance to anyone who reaches out to their Senators.
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In our last episode, we told you about how things were going in the civil conspiracy
case against gas king, Greg Parker, which the family of Mallory Beach filed in December 2021 after photos of Mallory's body were used in a video
to sell a documentary.
A documentary that lists one of Greg Parker's
known associates as a producer.
Again, this case arose because it not only appeared
that Parker and company were using all available tactics
to weaken the resolve of the Beach family, to keep them
from wanting to follow through with the boat crash case.
There's also evidence that Team Parker was trying to put as much of the blame as he could
for Mallory's death on his co-defendants, Ellic and Buster Murdock, regardless of who
got hurt in the process. Which, fine, no one other than the Murdochs and their trolls were ever
arguing that the Murdochs didn't bear a hefty share of the blame. But it was and is significant
that Paul was able to buy alcohol underage at Parker's convenience store. A store that
had just settled a case related to their allegedly illegal sale of alcohol and another person's death. Without that
alcohol that Paul bought that night, there might not have been a boat crash. Now, the boat crash
case was obviously a 10 out of 10 when it comes to toxic and contentious lawsuits in that, A,
we think it was a motivating factor in Elk's decision to murder Maggie and Paul.
And B. Clearly Parker's Kitchen's team was willing to burn down villages to get what
it wanted and they spent a lot of money doing it.
The Civil Conspiracy case, though, is worse than that.
It's like a 15 out of 10 minus the Murdoch murders part.
If you think that Team Parker went to the ends of the earth to try to minimize its liability in the boat crash case before finally settling for $15
million, they have an even bigger drive to do that here because, well, in our opinions
anyway, it doesn't look good. Anyway, Parker's attorneys are only too happy to play his game
for him. They twist the truth in an even more brazen way than Dick and Jim did for
Ellic, which, when you think about it, Ellic was fighting against his life in prison and everyone
knowing what a low-down, dirty murderer he was. In Parker's case, it's just about money. That's it.
Money and the public finding out the extent he and his team might have gone to in fighting
the boat crash case. The case has been so toxic and contentious that it has included hit pieces
written with the intent of trying to take down the beach's attorney, Mark Tinsley, and even us,
which is silly because Mark's reputation is solid. Everyone in the world got to see what kind of
attorney he is when he sat up on the stand during Elec Murdoch's trial and had Elec's lawyer, Phil Barber, hopping
around while Mark shot at his feet with the truth. And us? Well, we're here to bring
the sunlight because sunlight works as evidenced by what happened this week.
After we told you about how the Beach family had asked that Judge
Doc Morgan recuse himself from the case because of conflict of interest that arose in his
office, and after the judge refused to recuse himself, after Mr. Gaskin's attorneys fought
against the judge recusing himself, and after that hit piece was written making Mark out
to be Shady Boots for even making the motion for the judge to recuse himself.
The judge recused himself.
Of course, he didn't do it until after we called him out publicly, but we'll take what we can get.
This is a big deal because one, he should recuse himself.
The issue was that an intern who had worked for Debbie Barbier, who is one of Parker's
main attorneys in this case and has a small law practice, now worked for the judge as
his clerk. The judge let all parties know about this potential conflict after the clerk
had sent out an email to everyone letting them know he had gotten their thumb drive
of information and saying that he would let them know if he had any trouble
retrieving the data from it. The judge even asked the Beach family if they had a problem with this
and they said they did, but the judge didn't step down. More than that, he tried to minimize the
issue by saying that the clerk had just been hired that day and even though the email had the clerk's
name and number on it, the judge tried to
say it had come from the previous clerk. More than that, Parker's attorneys argued that
it was no big deal. And yet their own exhibit showed that the story they and the judge were
relying on to show that it wasn't a big deal, that the clerk hadn't started until that
day, contradicted this because included in it was evidence that the clerk's email switched over
the day before. And more than that, a Zoom directory online shows the clerk starting on August 1st.
We are still waiting for an answer from the South Carolina Judicial Branch on the clerk's
start date. We also reached out to the State Department of Administration for an answer. We haven't heard back. It should be a very simple thing to be able to tell us the start date of a
publicly paid employee. This clerk is paid around $64,000 a year, according to the state's
online payroll database. And yet again, no answer. This really seemed to be yet another
case of yet another South Carolina judge
just doing what he wanted to do despite the appearance of impropriety. But we're happy he
ended up doing the right thing. It's actions like this that will help repair the judicial's reputation
in the state and it's more proof that being pesky is not only important, it's effective.
A new judge will be assigned to the case
and we'll let you know what happens moving forward.
And speaking of things moving forward,
let's talk about Buster's defamation case
because a whole bunch has happened since we last talked.
Last week, all of the defendants
in Buster Murdoch's defamation lawsuit
filed motions to dismiss the case,
which was interesting because we don't even know where the case will reside,
whether it will be in state court like Buster wants or in federal court like the defendants want,
which Buster wasted no time pointing out.
His attorney was like, hold your horses, guys.
He asked the judge to hold off on ruling on the motions to dismiss until it was decided
where the case belongs.
On Friday, Judge Richard Gergel issued his order in favor of Buster's motion to stay,
meaning to hold off on his decision about dismissing defendants until a decision is
made on where the jurisdiction is.
So that is a win for Buster for now anyway.
We talked about this in Cup of Justice, about how we're not really sure what to make of the
decision in terms of what it might forecast. Does this mean that Judge Gergel is leaning
towards sending Buster's case back to Hampton County with its curated and well-trained juries?
Or is he simply saying, one thing at a time, boys?
What we didn't really talk about on Cup of Justice
is what was in these motions to dismiss.
There were some gems, which we will share,
but also the defendants made some very good points,
which is important because this case
is one that has left the entertainment industry on edge.
We don't have to tell you about how important true crime documentaries and series that are
based on true stories are to streaming services.
And not just streaming services, to audiences and to even getting justice.
Authorities are literally right now talking about releasing the Menendez brothers from
their life sentences for killing their parents because of documentaries on the case in the Netflix show Monsters that show the
horrible abuse the brothers endured leading up to the murders.
The industry has seen a backlash recently with lawsuits like the one filed after the
show Baby Reindeer that aired on Netflix.
For those who haven't seen the show, it is a TV series based on a Scottish comedian's
life and specifically his trauma, which included being repeatedly raped by his mentor and being
relentlessly stalked by a woman.
The series never named the rapist or the stalker in depicting them, but the stalker, the woman, filed a 170 million dollar defamation case
against Netflix, even though she outed herself as being the person in Baby Reindeer by going on
the Piers Morgan show. This is all just to say that Buster's lawsuit isn't just about Buster.
It could end up having a ripple effect and put a chill on the industry.
Which would be a problem because like we said,
sometimes these shows result in meaningful change.
Anyway, that is why the filings were interesting.
Because as you know, the best defense in a defamation case is the truth.
And that is exactly what the defendants are arguing.
And that is exactly what the defendants are arguing. Collectively, the defendants' core argument is that the Murdoch case was one of great
public interest because of the Murdoch's involvement with and influence over law enforcement
and the judicial system, which is why they're also arguing that their productions
are covered by the fair report privilege. I think some people, obviously not you all,
can be confused about what we mean when we say the truth when we're talking about a defamation case.
It is true to say that the Murdoch family's names, including Buster's, appear in the
Steven Smith investigation case file a number of times. Reporting that
is not defamatory, it is a fact. Reporting that Cindy Smith said that she saw Randy Murdock
at the site of where Stephen was killed shortly after Stephen's death is true, she said that,
but it also has to include the fact that Randy has denied this. More importantly, while social
media and content creators do sometimes play fast and loose
with that information and sometimes make defamatory comments about Buster related to his alleged
involvement in Stephen's death, notice I said alleged there, good journalists and
documentarians don't.
Buster claims that this is what the defendants did though, that they called him a murderer,
and the defendants go to town showing that called him a murderer. And the defendants
go to town showing that that's not what happened in their opinion. They also point out that
Buster is suing eight different entities related to three different documentaries and that
he did this by design. They assert that his complaint is nothing more than what's called
a shotgun lawsuit, meaning that Buster is trying to
use bits and pieces from each of the projects and apply them to all of the defendants in
some way. So there are three sets of defendants in the case. There's Hampton County reporter
Michael DeWitt and the company that he works for, which is Gannett. There's Netflix and
the production company that made their docuseries, which is Cinemart. There's Netflix and the production company that made their docu-series
which is Cinemart. And there's the Warner Brothers defendants which includes two production companies
one of which aired their show on Discovery and the other of which aired theirs on HBO which is
now called Max. It's easier to think of them as DeWitt, Warner Brothers, and Netflix. So that's how we're going to refer to them.
In Warner Brothers' motion to dismiss, they maintain that at no point did they speak in
certainties about Buster's alleged involvement in Stephen's death or even that Stephen was
in fact murdered. They cited a Fourth Circuit opinion from 1995. Here's David with a passage from that decision.
In the court's view, it is a story constructed around questions, not conclusions. But the
mere rising of questions is, without more, insufficient to sustain a defamation case
in these circumstances. Questions are not necessarily accusation or affronts,
nor do they necessarily insinuate derogatory answers.
In their filing, Warner Brothers also took the time to educate
the court on some Murdoch history,
specifically when Ellic and Randolph, quote,
reportedly went to the hospital the night of the fatal crash in an apparent attempt to quote
Get everyone to change their story to construct a narrative that someone other than Paul was driving the boat
Why did they do that exactly?
To show the court that it was highly relevant to explore what happened in Stephen's case given that the investigators in
2015 said that they felt
hampered and given the multiple mentions of the Murdoch name in the case file.
Warner Brothers was basically like, look, we discuss what was in the investigation file.
We talked about law enforcement officers' theories about the case.
We never said that Buster did it.
We never called him a murderer. We didn't do anything
with malice or ill will. We had the right to report on this and in the end we put up on the screen that
law enforcement hadn't identified any suspects or persons of interest, including Buster. Now Netflix,
this is where things get a little saucy because the allegations made against them include that
Netflix was dog-whistling its audiences about Buster's alleged involvement in Stephen's death when they
included a dramatic depiction of Stephen's death with a redheaded actor holding a bat.
Here is David with what Netflix wrote in their motion.
Here is David with what Netflix wrote in their motion. are shown. This is a visual illustration of the speculation and theories that were rampant in the community, included as reported to and being investigated by the police based on the police
informants' second-hand speculation described above. The statements and visual illustrations
of which plaintiff complains are at the heart of what the Fair Report privilege
is intended to protect and cannot be the basis
for a claim as a matter of law.
Now, Buster also took issue with what DeWitt said
in his interview on the Netflix shows.
DeWitt's motion to dismiss was the most aggressively argued.
Here is David again.
Defendant DeWitt, editor of the Hampton County Guardian, did not write, direct, produce,
distribute, or otherwise exercise responsibility or creative control over any of these docuseries.
Instead, he briefly appears on camera in a single series, the Netflix series,
during which he recounts the unique experience of reporting on a powerful local family,
caught in a miasma of scandals and investigations, and becoming the subject of national attention.
investigations and becoming the subject of national attention. In those few minutes on camera, DeWitt does not say anything that amounts to or reasonably
implies a false and defamatory statement of fact about Buster Murdoch.
Again, DeWitt is the most important aspect of Buster's case right now. Without him,
Buster's going to have to argue his case in federal court, in front of a federal judge, and
if it goes to trial, even a jury picked from a more far-reaching area than Buster's neighbors.
See, without DeWitt as a defendant, there's no Hampton County jury. And
DeWitt sure did point this out in his motion.
Here's David.
Indeed, plaintiff is so determined
to find a way to sue DeWitt that he resorts
to misrepresenting outright what DeWitt
said in the Netflix series.
The reason why is as obvious as it is calculating.
Like plaintiff, DeWitt is a resident of Hampton County,
and Plaintiff wants to litigate this action in the same courthouse
where members of the Murdoch family served for generations as the circuit solicitor,
and where his grandfather's portrait still hangs.
If this case does get sent back to state court, I think we might see the
defendants take issue with the notion that Buster lived in Hampton County
after the murders.
There are multiple reports that he was living in Beaufort County at the time
with his uncle and then his girlfriend and then bought a house there after
Maggie's estate settled.
Anyway, there's a whole lot going on here,
but the main takeaway, or rather the thing that I think needs to be pointed out over and over,
is that Netflix and DeWitt have now repeatedly called Buster out for the accuracy of his claims.
They're both saying that Buster's initial complaint left out critical context in which,
in both DeWitt's statements and the visual
depiction that included the redheaded actor and worse misrepresented what
DeWitt was actually referring to at one point. One thing to mention here Buster
has unequivocally denied any involvement with Stephen Smith's death. We'll keep
you posted on what Judge Gergel ends up deciding about jurisdiction. We'll be
right back.
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where it's safe to do so. Be alert, be aware, and stay safe.
Now, we want to talk about a horrifying case out of Texas that has ties to South Carolina. One that is yet another instance of what is either a disturbing trend that we are seeing
or something that has been going on since the dawn of time and we are just now catching these men in their lives.
And that is law enforcement getting told
by a woman's husband or boyfriend
that she has died by suicide,
only to later find out that no, it was not suicide.
That was a homicide.
And the guy trying to say it was a suicide
is now charged with murder.
On October 7th, just a few weeks ago, 38-year-old
Krista Bauer Gilley was found dead by her husband, Lee Gilley, in their Houston
Heights home. Lee, also 38, told investigators that Krista had killed
herself by taking drugs. He said that they had an argument three hours earlier
in an apparent attempt to make it
look like Krista, a mother of two small children and a woman who was nine weeks pregnant with
their third child, was so distraught by whatever they allegedly fought about that she overdosed
on purpose.
The problem with that story is that Krista did not overdose.
According to the medical examiner's office, she was killed by strangulation.
I don't want to get too graphic here, but it is important that we all take a second
to remember how violent and intentional death by strangulation is.
That is, when one person puts their hands around the neck of another person.
You can watch the forensic testimony in Michael Colucci's first trial
from Court TV's coverage to learn about this.
In Gilley's case, Lee is six foot three inches tall.
Krista was tiny.
She barely came up to his shoulder
when they posed for photos.
She all but disappeared into his frame.
According to the district attorney's office,
the medical examiner found that Krista
had suffered significant trauma.
She had two black eyes,
along with petechial hemorrhaging to her eyelids and chin,
meaning her breathing was so restricted,
it caused blood vessels in her face to burst.
There was visible discoloration and swelling
to her eyes and cheeks, and extensive bruising
to the muscles and tissues in her upper back between her shoulder blades.
Her hyoid bone was also fractured.
The hyoid bone being fractured is a rare thing to happen.
Typically you don't see that in people who have some unusual trauma to their neck,
like from a car crash or someone strangling you. Krista was killed while her two children
were in the house and obviously the lack of oxygen caused her unborn child to die. Four days after
Krista's death, when the results came back from the medical examiner's office,
Lee Gilley was arrested and charged with capital murder.
Again, this is Texas.
They do things differently there.
Capital murder is a more serious charge
than first degree murder
in that the sentencing guidelines
are pretty black and white.
If you're guilty of capital murder, you're either sentenced to prison for life or you go to
death row. Capital murder is no joke and we're really glad that DA chose that charge because
Lee Gilley is a man of privilege. Now, if you're asking yourself, why does that matter?
Here's why. On October 12th, Lee had his first appearance
in front of a judge to determine bond. The judge gave him no bond. Sorry, pal, it's
jail till trial for you. But then on October 17th, when Lee was scheduled for his arraignment
and after he dumped the public defender, he was assigned and hired two criminal defense
attorneys, it somehow turned into a bond hearing.
Now, we are just learning about how the Texas system works. Their press association FOIA
Guide alone is like 350 pages. By comparison, South Carolina's is 24 pages. So it's not just
the hair that's bigger in Texas. But it seems to us to be a valid question to raise. How? Because while we can see that
on October 17th, the state filed a motion for bond conditions and a motion for sufficient
bail, we don't see a motion from the defense asking for a bond reconsideration. So if any
of you are familiar with Texas criminal law procedures and have an explanation for that,
please let us know. Because right now it looks like the state recommended a bond
without the defense asking for one.
And maybe that's the normal course of business,
we just don't know.
But us, that seems counterintuitive
to what the DA's office goal should be there.
But it could also be a simple explanation,
such as he was originally seen by a magistrate,
and because of the seriousness of his charge,
he needed to be seen by a district
judge instead. So the arraignment hearing got turned into a bond hearing or was always
bond hearing and I'm just misreading it. And the arraignment is now scheduled for November
20th. We'll keep you posted about that. But at this hearing that appears to have supposed
to have been an arraignment hearing, Lee got bond. He was
released from jail on $1 million bond, which we will talk about in a second.
First, let's talk about what the state was asking for here. They wanted the court to
order Lee to give up his passport and bar him from seeking any supplemental passport
or travel documents. They wanted him to be ordered not to have any sort of contact with Krista's family,
and they wanted him to be barred from having any contact with his two children.
They wanted the court to prevent him from possessing any firearms, ammunition, or weapons.
They wanted the court to bar him from drinking alcohol or using drugs. They wanted him
to submit to GPS monitoring and have a curfew. And most interesting, they wanted him restricted
from going within 200 feet of his house, the one that he shared with Krista, and restricted from
going within 200 feet of their children's daycare. They also wanted him to surrender any passports
the children might have.
And finally, that he be placed on a 24-hour house arrest
at the location at which he resides while on bond.
As for the bond, the state recommended $3 million.
The state also included a long paragraph educating the court
on the extent of Christa's injuries
and ending with this line, quote, the defendant also has significant ties out of state and
sufficient means to flee the jurisdiction.
We'll talk more about those out of state ties later.
According to reports, the defense wanted Lee's bond to be only $200,000, which is interesting
because in his initial bond hearing slash probable cause hearing on October 12th, the
state pushed for no bond and Lee's public defender asked for a $50,000 bond.
So we aren't sure what changed there.
Oh, have we mentioned that when investigators discovered
that Lee's initial story was a lie,
according to court filings,
Lee admitted that Krista was not suicidal
and did not take drugs.
It's going to be interesting to hear what he says happened
in those three hours between when he said
that he last saw Christa during
their argument and when he found her body.
Ultimately, the judge decided on a $1 million surety bond.
The judge agreed with pretty much all of the state's requests, including the GPS monitoring,
which will cost Lee only $6 a day.
His curfew is between 10 p.m. and 6 a.m. That is where he has to be.
But where? See, that is the messed up part. Lee Gilley is barred from going
within 200 feet of his house. So where exactly is he going? The state did not
ask Lee to be restricted from traveling except outside of the U.S. and the judge did
not check that box on the bond conditions order.
Lee Gilley isn't even ordered to stay in Harris County or even in Texas, which could
mean that he's going home to his mama in Fountain Inn, South Carolina where he's
from and his parents own a business called the Yum Yum Snack Shop. Or maybe he's
already there because he has been released from jail. He has been let out and the public has no
way of apparently knowing where he currently is. That said, there's so much to cover in this case
and we're not just interested in it because Christo was from Summerville, South
Carolina, or because Lee and Christa got married in Charleston or went to Clemson. We're interested
in it because it's yet another example of investigators being misled about how a woman died
right at the juncture where it matters most in the investigation, which is to say, evidence collection, and investigators apparently
believing the story they were being told. Now, we're still learning about what went down before
Lee's arrest, but did they really not have probable cause that night to arrest him? We know Lee told
police that he had given CPR to Krista before they arrived, but were there no visible marks on Krista
that caused concern with police that night?
Given the medical examiner's report, it would seem like there would have been.
Obviously, we're going to explore those questions with some hefty foyas.
In addition to this being yet another case of the suicide lie being told, this case bears
resemblance to the Sarah Lynn Calucci case.
Sarah died in Som Summerville, South Carolina
in May 2015. Her husband, Michael Colucci, is still awaiting retrial in her death and
no date has been set. Michael stands accused of murdering Sarah Lynn, but he told police
that she died after hanging herself using the loop of an industrial hose that had been
hanging from a fence post
outside their warehouse where they had stopped for her to go to the bathroom after an evening
of drinking. Michael later changed that to, well, maybe she fell and stumbled into the hose, but
I didn't kill her. Despite there being evidence of an apparent struggle in their car, police,
some of whom knew Michael Colucci and the influence of
the Colucci name, believed Michael's story.
It took Sarah Lynn's family pushing investigators to do their jobs for Michael's account to
finally be challenged.
Took about a year before he was charged with murder though.
And of course, that gap in time, that initial acceptance of his story about how she died, just being
thought of as the truth, has given Michael and his high-priced attorney Andy Savage plenty
of fodder when it comes to challenging the evidence.
And the continued delay in getting his case adjudicated by the Attorney General's office
is creating even more beneficial time and space for witnesses to die, move, or forget what happened that night and during the investigation.
Also, like Krista, Sarah had a young child at the time of her death.
That young child is now a grown married woman, still awaiting justice for her mother.
Before we go, we need to talk about one more thing here.
Krista was an incredibly smart and accomplished woman.
She was beloved.
I have barely posted about this case on social media
and have already received messages from women
in North Carolina, South Carolina,
and Texas who knew and loved her.
I've already heard from several people who knew her from Clemson,
and I can already tell she is one of those people
remembered as human sunshine,
even from those who barely knew her.
She had her doctorate in physical therapy
and she was a board certified clinical specialist
in cardiovascular and pulmonary physical therapy,
according to a beautiful tribute that her sister,
Samantha posted on Facebook. Here is what Samantha said.
And just like that, my whole world has been turned upside down. I lost a big piece of my heart this
week. My worst nightmare has come true. Krista was my best friend, my sister, my person.
She was my role model and biggest cheerleader,
a beautiful, brilliant, yet humble,
selfless, kind-hearted and loving person.
My world will never be the same.
She was perfectly perfect in every way,
what I wouldn't give for one more day.
I miss her so much already.
What a tough road we have ahead.
I love you forever."
Once again, the world loses a good person because, allegedly, a man could not control
his emotions. Instead of taking a breath or going for a walk to blow off some steam or
doing anything to calm down, Lee Gillie is accused of taking out his anger
on the person he was supposed to love and protect.
And we don't say that lightly, by the way.
Lee himself appears to have thought of himself
as some amazing family man, at least online.
And I'm not talking about cute posts
about loving being a dad.
I'm talking about aggressive posts about loving being a dad. I'm talking about aggressive
posts. Posts that when taken together and honestly in some cases even taken piece by piece, show Lee
to be an angry, resentful misogynist who believed women belonged in the home. Lee appears, at least
from what we've seen so far, to maybe even be a men's rights advocate. We took a look through Lee's
LinkedIn account, which honestly, we never would have guessed we'd one day be talking about how
someone's LinkedIn posts are potentially connected to a murder motive. But here we are. From the post,
in addition to all the things we just told you, Lee also seems to be someone who have viewed
himself as strong and successful and a self-made man. He was self-employed at the time of his arrest and appears to have been
since he was about 24 years old. His specialty appears to be writing code for software that
is related to Excel spreadsheets. His Twitter account lists his business as bringing in
a million dollars. It's not clear what time period that is referencing, whether it's a year
or a month or in the entire time of the business's existence. That said, on his bond paperwork,
Lee listed his salary to be $8,000 a month and his expenses to be around $6,400 a month.
Okay, back to those LinkedIn posts. Let's start with what Lee appears to have liked
right around the literal time of Krista's death. It was a post from a guy named Harrison Schenck who says he is
a social media influencer. Specifically, he has an Instagram account called SaveOurSons.
The LinkedIn post that Lee appeared to like right around the literal time of Christa's
death said, quote, some things in life are non-negotiable. Dinner as a family
is one of those things. Now, a post like that obviously has no nefarious meaning for anyone
who isn't being accused of killing their wife right around that same time of endorsing that
sentiment or at least appearing to endorse it. But it does raise a question. Did Lee have a
problem with Christa's success?
Two months ago, Lee left a comment on a post
from someone named Dirk Roeder.
Here's what Dirk wrote.
Quote, unpopular opinion.
The greatest trick the money printer ever pulled
is feminism and equality.
The trick goes like this.
Quote, for centuries women were dependent
on the goodwill of men, therefore women labor must
be activated slash enabled and by doing so independence will rain down on women, end quote.
And he goes on to say, the results are women are now dependent on their bosses instead of their
husband. The burden of making a living is now shared equally, because a middle-class family requires
a double income to call itself middle-class.
Bottom line, 100% dependent and compliant citizens instead of 50%.
Then Dirk wrote, quote, important side note, nowhere do I say or state that women shouldn't enjoy
Eagle rights. That's not the point of this post. And he ended it with a jolly exclamation
mark. Sure, Dirk, the better system is the one where women are dependent on their husbands
who end up getting charged with their murder.
To emphasize his point, Dirk included a photo with his post of one of the three French
drag queens who carried the Olympic torch this summer. It's not clear why. So Lee sure did like
this sentiment, so much so that he commented this quote, very nice and simple breakdown.
You got my follow. Then he put a fist pump emoji and then he included a
quote and it was this quote, your freedom lies directly behind your newfound
dependence on having a job and having to work for someone else. Also caring for
the home and family isn't as worthwhile or fulfilling as your own mother made it
out to be so focus on your personal independence.
Just hire help for the home and kids. The funny thing here is that Dirk was like, where's
that quote from? And Lee had to come clean in a reply. It wasn't an actual quote. Lee
was just paraphrasing the meaning that he had extracted from Dirk's post.
About five months ago, Lee commented on a post of Ralph Waldo Emerson's Nine Pillars
of Success.
The original poster shared it on LinkedIn with the comment,
This may be the best definition of success I've ever come across.
And Lee's comment?
I like these, but what about family?
In my opinion, building a good family is a huge measure of success.
His attorney's paralegals are no doubt screen capturing these as we speak so that they can
roll them out during trial to be like, see, Lee Gilly loved his family.
How could a man who loved his family kill the mother of his children? On a post about Charlie Munger's death and a quote from him about how the best way to
find a good spouse is to be a deserving one, Lee appears to have commented on someone's
reply that basically took issue with the word deserve, meaning that they did not agree with
the entitlement aspect of that sentiment.
Here is what Lee said to that.
This is a victimized perspective of someone accustomed to being offended at trivialities.
Strong people attract and deserve strong spouses.
That is all Munger is saying.
Weak, damaged, auto-victimizing people don't deserve someone strong.
And nor should someone who puts in the work to be strong be burdened with a weak partner.
That is an interesting sentiment from a man who is now accused of brutally killing his
wife and unborn child.
Like I said, we have so much to talk about with this case.
While we continue to pull strings in the Micah Francis case,
we have decided to cover the Gillie case
because important questions need to be answered in order to save lives.
My heart broke when I looked up Christa Gillie's Instagram page this week
and I saw that she was following me.
Had she heard of Micah's story? I looked up Christa Gillie's Instagram page this week and I saw that she was following me.
Had she heard of Micah's story?
Had she followed our reporting on coercive control?
Whatever the reason, I took her following me
as a sign that this case involving a privileged man
desperately needs sunlight.
We wanna know about what the media
is not covering in this case. We want to know about what the media is not covering in this case.
We want to know about Krista and Lee's relationship and what her friends and family thought of
him.
We want to know if there were warning signs for other loved ones of abuse victims to catch.
We want to know about Lee's past and whether or not this was allegedly the first time he
put his hands on a woman.
We want to know more about Krista and her impact on the world.
We want to know more about Lee's whereabouts and if the system has already failed with
his bond.
We want to know at what point the police decided to switch the investigation from suicide to
homicide because that pivot could be so
important in other cases where husbands get away with murder simply for saying the word
suicide.
We have a lot of important questions in this case and we are looking for sources who will
help us find answers.
If you or someone you know could help us answer these questions and tell us more about
this case, please reach out to info at lunasharkmedia.com or mandy at lunasharkmedia.com or
liz at freshhellmedia.com. As always, we promise to protect our sources and tell
Christa's story truthfully, carefully, and purposely.
In the meantime, I encourage you all to donate to the GoFundMe site that her family has set
up for legal fees and childcare costs.
Check the link in the description.
Stay tuned, stay pesky, and stay in the sunlight.
True Sunlight is a Lunashark production created by me, Manny Matney, and co-hosted by journalist Liz Farrell. Learn more about our mission and membership
at lunasharkmedia.com. Interruptions provided by Luna and Joe Pesky.
provided by Luna and Joe Pesky. The justice system can be intimidating, but it doesn't have to be.
We all want a drink from the same cup of justice, and it starts with learning about our legal
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My name is Mandi Matney, and together with journalist Liz Farrell and world-renowned
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We all encounter a part of our justice systems at one point, so why not get prepared while
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