Episode Transcript
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It's been seven months since we released
1:57
the final episode of Darlene Hulse's season.
2:00
But if you thought that meant we were done,
2:03
you said wrong. In the next
2:05
three episodes, I'm going to tell you everything that's
2:07
happened since our series was released.
2:10
From the response to the podcast from officials
2:13
on the case to one of many tips
2:15
we received that led us to a completely
2:17
new person of interest and more
2:20
information about a previous one. I'm
2:23
Ashley Flowers and this is
2:26
The
2:26
Deck Investigates. Visit
2:36
episode 16, Government Disgression.
2:44
Any working relationship we
2:46
had with Marshall County Prosecutor Nelson
2:48
Chitman ended when the podcast was
2:50
released. He no longer takes
2:52
our calls and the last time Emily texted
2:55
him passing on a tip, he told her
2:57
to send the information we have to the lead
2:59
investigator, ISP Detective Sergeant
3:01
Don Curl. Nelson also
3:03
turned down Emily's request to meet with him one
3:06
last time. And he's also
3:08
refusing to meet with Darlene's family.
3:11
On April 10th, her daughters wrote
3:14
him a letter requesting a sit down.
3:16
Here's Darlene's oldest daughter, Marie,
3:19
reading that letter. Dear
3:22
Nelson Chitman,
3:23
this letter should come as no surprise
3:25
to you. Our family has repeatedly
3:27
reached out to you for updates and questions
3:30
about our mother's case. In the
3:32
past seven years, we have begged for answers,
3:34
pleaded that the case be brought up to, quote,
3:37
contemporary status with DNA testing.
3:40
Your gatekeeping of this case has only
3:42
resulted in more anguish for our family
3:44
and anger with your continual
3:46
excuses.
3:47
We deserve to be treated with respect. No
3:50
more patronizing answers of, number
3:53
one, we don't have the funds. Our
3:55
response, we've offered to pay privately
3:58
and the DOJ offered to. test with the grant.
4:01
Number two, quote, I am extremely
4:03
busy. We have a large caseload. Your
4:05
mom's case isn't the only one we have
4:07
to work on. Number three, look,
4:10
I have a picture of your mom on my desk. Our
4:13
response this literally means nothing
4:15
without action. Number four,
4:18
promising to write the affidavit for testing
4:20
McCune's DNA by October 2022, which
4:22
came and went.
4:25
Then you promised again after a November
4:27
sit down to have it written by December
4:29
31st, 2022. Once again, we heard nothing
4:33
from you. Number five, when
4:36
asked, wouldn't it be easy for you to take half
4:38
a day and drive to McCune to get his swab?
4:41
You said, quote, Oh yeah, it
4:43
would be nothing. I think everybody's fearful
4:45
about what the ramifications of that would
4:47
be, quote,
4:49
isn't that the point the ramifications
4:51
would equal answers to us. Number
4:54
six, when asked what keeps you
4:56
motivated and I quote, uh,
4:58
well, that's the romantic way of saying
5:00
it, but also there's ego. Number
5:03
seven, you admitted, quote, because
5:06
I'm an amateur at this basically, you
5:08
know, investigative end of it. Usually I think
5:11
we talked about that. You know, my role, the
5:13
prosecutor's role here is
5:15
a case that's already been solved. So
5:18
my question to you is why do you have
5:20
the case then this entire list
5:22
of excuses and run around over
5:24
the years is downright negligent. We
5:27
don't want any more empty promises from you.
5:29
Enough is enough. We will not stop
5:31
our push for answers. We
5:33
are asking for a sit down meeting involving
5:35
us and our spouses. No reporters
5:37
or recordings will be done. If you refuse
5:40
or do not respond, we will move forward with our
5:42
efforts.
5:43
Our next contact will be to the Indiana
5:45
district attorney Todd Riquita via
5:47
our attorney general. 10
5:50
days later, Nelson responded.
5:52
Here is a voice
5:53
actor reading his response
5:56
to the Hulse family. I sincerely
5:58
apologize for
5:59
the state to which our relationship has evolved.
6:02
I attribute this to many factors, not
6:05
the least of which are my own infirmities and feeble
6:07
efforts to honor my career-long commitment
6:09
to make government as transparent as legally
6:12
and ethically possible. In
6:14
this case, I underestimated how the
6:16
pecuniary interest of the podcasters
6:18
co-mingled with their drive to entertain and
6:21
create a saleable, virtual package
6:23
could so readily be used to distort good
6:25
faith efforts to solve this case and instead
6:28
create a perverse picture of callous
6:30
indifference and incompetence. Consequently,
6:34
and quite obviously, I chose a while
6:36
ago to cease cooperating with the podcasters.
6:39
Recently, though, a local television station
6:41
contacted me to give my side
6:44
to the podcasters' claim of failure to
6:46
retrieve biological material from the evidence
6:49
and test it with the most advanced methodologies
6:52
of DNA analysis available. As
6:54
this too was based on a false premise, I
6:57
chose to not participate in that coverage as well.
7:00
I did, however, present the enclosed
7:02
statement. This is the official
7:04
position of this office as it relates to this
7:06
case. I will eagerly amend
7:09
the statement to include any significant updates
7:11
as they occur.
7:12
Until then, I regrettably conclude
7:15
that a face-to-face meeting would be counterproductive.
7:18
Therefore I must respectfully decline
7:20
your request to meet.
7:21
I wish you well.
7:23
Sincerely, E. Nelson
7:25
Chipman Jr.
7:27
Now, the statement prosecutor Chipman is referring
7:30
to was in response to a local station
7:32
WNDU who picked up Darlene's
7:34
story after the podcast launch.
7:37
Now, we did reach out to the Marshall County Prosecutor's
7:39
Office to talk about this case and where
7:41
it is today. Last we
7:43
heard in 2019, the game plan was to start
7:46
over with fresh eyes and even test new pieces
7:48
of evidence. While prosecutor Nelson
7:51
Chipman declined an interview, he did release
7:53
a statement saying in part, the exhibits
7:55
have undergone extensive study by consecutive
7:58
administrations of detectives. crime
8:00
scene analysts, psychologists, cold
8:03
case investigators, and prosecutors.
8:06
I'm gonna have an actor read the statement Nelson
8:08
provided, WNDU-TV,
8:10
on April 17th. And
8:13
I'll unpack it as we go.
8:15
The events that resulted in the home invasion and
8:18
senseless murder of Darlene Hulse occurred
8:20
south of Argus, Indiana on August 17th, 1984, 38 years and
8:22
eight months ago. The
8:27
physical evidence acquired throughout the investigation of
8:29
this horrific needless tragedy continues
8:31
to remain in secure custody of the Indiana
8:34
State Police, with the exception of items
8:36
under examination. As custodians,
8:38
the ISP must document and ensure
8:41
an intact chain of custody for more than 38 years
8:44
for each of the over four dozen items held
8:46
under lock and key. The exhibits have
8:48
undergone extensive study by consecutive
8:50
administrations of detectives, crime
8:52
scene analysts, psychologists, cold
8:55
case investigators, and prosecutors.
8:57
I am the fourth sequential prosecutor
8:59
to exercise jurisdiction over this case.
9:02
Although forensic DNA processes
9:04
did not exist until the latter 1980s,
9:06
several years after the murder, each successive
9:09
generation of investigators have scoured the
9:11
investigative reports and examined the evidence
9:14
utilizing the then most advanced, scientifically
9:16
acceptable methods of deoxyribonucleic
9:19
acid collection and analysis available
9:21
at that time.
9:23
Here's what we know. According to old
9:26
case reports, testing was done in 1984 and 1989,
9:31
but only with fingerprint and
9:33
basic blood detection tests. Now,
9:36
despite Nelson originally telling us that
9:39
records indicate that a partial fingerprint
9:42
was found on the phone receiver at the
9:44
Hulse home.
9:45
Decades later, again, according
9:47
to old evidence lists and letters in the case
9:49
file, the lab suggested follow-up
9:52
touch DNA testing on that evidence, which
9:54
as far as we know was never done. And
9:57
I say that because we straight up asked.
10:00
if he had anyone doing that or preparing
10:03
to do that. And he said, quote,
10:06
um, nothing sticks in
10:08
my mind. End quote.
10:11
Those painstakingly detailed processes
10:13
continue to this day, but with even more
10:15
advanced scientific methods that continue to evolve.
10:18
Any suggestion to the contrary as the podcasters
10:21
are apt to do is false.
10:23
We also know because Nelson
10:26
told us that the semen found
10:28
in Darlene was never tested. Nor
10:31
was her bloody underwear.
10:33
In my limited interactions with Miss Muir
10:35
and even less so with Miss Flowers, it became
10:38
quite evident the podcasters neither concern
10:40
themselves nor are burdened with proof
10:42
beyond a reasonable doubt derived from evidence
10:44
legally acquired within the bounds of the law. Admissible
10:47
in accordance with the formal rules of evidence and
10:50
all the while observing the dictates of professional
10:52
ethics. Tested in court by rigorous
10:55
cross-examination, determined admissible
10:57
at trial by jury, and subject to
10:59
confirmation on appeal is the most reliable
11:01
method to obtain the truth and secure
11:03
justice.
11:05
We absolutely want things
11:07
to be admissible in court.
11:09
But all you need to obtain
11:12
comparison swabs is probable cause,
11:15
of which I believe there is plenty
11:17
for at least three suspects in this
11:19
case. And to be honest, I think
11:21
a court would agree.
11:22
But Nelson told us he didn't have
11:24
the time to write a probable
11:27
cause affidavit for Kenneth McKeown Jr.
11:29
swab. And when we asked if
11:31
they had tested Ron Holtz's swab
11:33
against the partial profile yet, Nelson
11:36
implied money was the holdup.
11:39
Through the years, ISP Command
11:41
has assigned to this case some of the most experienced
11:43
and dedicated detectives and crime scene
11:45
investigators in northern Indiana. Several
11:48
have since retired, but those of us that remain
11:50
continue to be confident we are on the verge of a breakthrough.
11:53
We will continue our best efforts to secure
11:55
justice for Darlene, for children, for widower,
11:58
for family, and for the rest of the world. and our
12:00
community. It has been far too
12:02
long. Nelson Chipman,
12:04
Marshall County prosecutor.
12:07
Listen, I think ISB is dedicated
12:09
and good at their jobs and no one is
12:12
questioning the investigators. We
12:14
are questioning Nelson because
12:16
when we've asked about specific evidence
12:18
being tested and plans to move the case
12:21
forward, he said he didn't know if the fingerprint
12:23
or bloody underwear or semen or hairs or
12:25
duct tape had been tested. He
12:28
also told us last fall, quote,
12:30
and trying to convince you there is
12:32
no logical plan here, end
12:34
quote.
12:35
We tried numerous times to let
12:37
Nelson correct the record. We
12:40
don't go into these interviews expecting him to
12:42
have everything memorized, but when
12:44
we come away feeling like he doesn't even know the case
12:47
and then we see him putting out a statement like
12:49
that, we gotta question things. Marie,
12:52
Melissa and Kristen did make a plea
12:54
to the Indiana Attorney General in spring
12:57
of this year
12:58
and they got a heartbreaking response.
13:01
Someone in the AG's office said that
13:03
they couldn't help and encouraged the family
13:05
to take their grievances to the State Disciplinary
13:07
Commission, which investigates lawyer misconduct.
13:11
But the thing is, the AG could
13:13
help if he wanted to. And
13:16
that's not just me spouting off. We talked to experts
13:18
in law and legal ethics who said so.
13:21
Unfortunately, the likely reason of
13:24
why the Indiana AG refuses to step
13:26
in is, you guessed it, Nelson.
13:30
The prosecutor is a solicitee. The
13:33
prosecutor is a subject of my motion to the state.
13:36
I think it's interesting to call.
13:39
That's lawyer and Fordham University's School
13:41
of Law professor Bruce Green. He
13:43
heads up the university's Center for Law and
13:46
Ethics. He served as a federal
13:48
prosecutor in the 80s and has been a professor
13:50
at Fordham for 35 years. He
13:53
said prosecutors in the US have a ton
13:56
of discretion. So they can basically
13:58
decide how they spend their time. time and
14:01
unless they show undisputable gross
14:03
negligence, basically no
14:05
one is going to do anything about it.
14:08
I do think it's probably unusual
14:11
anywhere for the
14:13
state prosecutor to forcibly take
14:16
a case away from a
14:18
prosecutor.
14:20
Professor Greene said it would be much more
14:22
likely for the AG to take over
14:24
the case or assist in a case
14:27
if Nelson would ask for help, which
14:29
often happens when a small prosecutor's
14:31
office doesn't have enough resources. But
14:34
we know that Nelson doesn't want the AG's
14:36
office involved because when the whole family made
14:39
such requests, Nelson got defensive and
14:41
even asked Marie to explain her reasoning
14:43
for basically trying to go over his
14:45
head.
14:47
Is there some reason why
14:49
you wouldn't enlist investigators
14:51
to assist you in investigating
14:54
a murder case when you
14:56
have possible evidence?
14:57
That happened before. It's
14:59
hard to see why you would do that
15:02
if you could investigate yourself. And
15:04
that's the thing I like in this case. Nothing's
15:07
happened.
15:07
The prosecutor's not investigating and
15:10
the police are hamstrung.
15:13
If they can follow a murder, they want
15:15
to do it.
15:16
Professor Greene told us that prosecutors
15:19
are administrators of justice and they are supposed
15:21
to do what's in the interest of the public. So
15:24
in this case, Nelson is supposed to
15:26
do whatever is in the best interest of
15:28
the people of Indiana. Professor
15:30
Greene said that if there is viable evidence
15:33
and suspects who are still alive today,
15:36
which there are, then there shouldn't
15:38
be anything holding back the Marshall County
15:40
Prosecutor's Office or ISP from
15:42
investigating further and doing more DNA
15:45
testing.
15:47
The job of a prosecutor
15:50
and head of law enforcement is to
15:52
investigate cases
15:54
and to bring the cases when you have somebody who
15:57
you can prove is guilty. And
15:59
while...
15:59
There's a lot of discretion.
16:02
Prosecutors and
16:04
police treat murder cases pretty
16:06
seriously. And so if you
16:08
have the possibility of
16:11
bringing a case against someone who's still alive, who
16:13
committed a murder, even if a
16:15
long time ago there's a reason why the statute of
16:17
limitations hasn't run. It's
16:20
because the legislature recognizes
16:22
this is a really, really serious
16:24
crime. And they want to allow
16:27
for the possibility of prosecuting it even when
16:29
it gets worse.
16:31
So the question is really,
16:33
like, how do they get this case solved
16:35
if the person calling the shots
16:38
isn't, you know, giving any marching
16:40
orders? Well, that's the problem.
16:43
You know, it would be interesting to know why
16:46
the prosecutor isn't investigating
16:50
if there's investigative measures that could
16:52
be taken that might be fruitful.
16:55
I agree.
16:56
It would be interesting to know why Nelson
16:58
isn't doing anything. And
17:01
by the way, if you're wondering, there's
17:03
not exactly a legal requirement
17:05
for a prosecutor to be nice to
17:07
a murdered victim's family. But
17:09
there is a victim rights law in Indiana
17:11
which says that victims must be treated
17:14
with respect. But like
17:16
all the nuances in state statutes,
17:19
respect is open to interpretation.
17:22
And I believe the whole family has experienced
17:24
a level of disrespect that no loved one
17:26
of a victim should ever have to deal with. And
17:29
based off all the emails you sent, I'd
17:32
say you guys agree. In
17:34
those messages, some of you were simply compelled
17:36
to write in just to make sure your love
17:38
and support was heard and felt by us
17:41
and more importantly, Darlene's daughters. Some
17:44
of you had ideas on how to propel
17:46
Darlene's case forward. But
17:48
then some of you had tips for
17:50
us. And many of those
17:53
tips were legit investigative
17:55
leads. Most recently,
17:57
back in August, one of you forged a at
18:00
us a reply that you got from Nelson that actually
18:03
gives me a little hope. I'm just
18:05
going to read you the entire exchange. So
18:07
someone named Elizabeth wrote, to
18:10
whom it may concern, I stand
18:12
with Darlene Holt's family and their fight
18:14
to bring her murderer to justice. Marshall
18:16
County should be embarrassed and ashamed of the failed
18:19
investigation. The world is
18:21
learning about Darlene's murder on a global
18:23
span and the lack of integrity of Marshall
18:25
County. And here
18:28
is Nelson's response.
18:30
I am sorry you jumped to that conclusion
18:32
based on the podcasters rendition. For
18:35
almost 40 years, dozens of investigators
18:38
and four different elected prosecutors have
18:40
given their best to test, retest,
18:43
and analyze what to then most current
18:45
techniques the evidence accumulated. We
18:47
are currently in a round of expensive cutting-edge
18:50
technology attempting to find the one bit
18:52
of DNA that can solve the case. I
18:54
am proud of the efforts law enforcement has exerted
18:57
to solve this case over the last four decades. You
18:59
don't know anything about those efforts. Your
19:02
hateful comments will not dissuade us from the goal,
19:04
but your shallow analysis based on an entertainment
19:07
hit piece certainly don't help bring the
19:09
murderer to justice. Sincerely,
19:12
Nelson Chipman.
19:14
So according to this most recent statement
19:17
by Nelson, they are currently
19:19
in a round of DNA testing.
19:21
So it makes
19:22
me wonder if recent strides have
19:25
actually been made in the right direction because
19:28
you see around the same time Emily actually
19:30
got a text from a source saying that
19:32
they had also heard new DNA
19:34
testing was being attempted. So
19:37
it seems to be working.
19:39
Keep the pressure on. As
19:42
of this recording more than 141,000 of you have signed the
19:44
whole family's
19:47
petition demanding answers. Just
19:49
for 2023 context that's double
19:51
the size of the
19:52
average Taylor Swift era's tour stop.
19:54
So keep signing, keep sharing
19:57
Darlene's story, and keep sending
19:59
us your
20:00
because your tips are what led us
20:03
to explore someone completely
20:05
new over the last seven months. Hello,
20:09
I'm reaching out about information I have about the
20:11
Darlene Hulse case. I'm trying to keep
20:13
calm typing this because I feel this could potentially
20:16
lead to the killer, and I really mean it. Please
20:18
bear with me while I explain. I
20:21
wasn't sure if this is small town rumor mill
20:23
or if it's truly the killer's confession.
20:26
What I was told
20:27
is that a man in town confessed to killing
20:29
Darlene while falling down drunk at a bar
20:31
one night.
20:39
That's next on episode 17,
20:43
A Secret Confession. You
20:45
can listen to that right now.
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