Welcome back to the Pathway Chili. I'm Robin, I'm Jules.
And I'm Ashley. Let's dive right into this week's case.
July nineteenth, nineteen ninety six, Westwego, Louisiana. After leaving her apartment to walk to a supermarket, fourteen year old Crystal Champagne fails to return and is found strangled to death in a wooded area the following evening. When Crystal's twenty two year old step cousin, Damon Thibodeau, is interrogated by police, he confesses to her murder and is subsequently convicted sentenced
to death. However, Damon maintains that his confession was coerced and none of the physical evidence from the crime matches him. After serving sixteen years, Damon's conviction is vacated and he is released from death row. But Crystal's real killer is never found.
After that, the path went Chile. So today we're going to be exploring a crime which led to a wrongful conviction, the nineteen ninety six murder of Crystal Champagne. Anyway, Crystal Champagne was a fourteen year old girl who went missing and was found strangled to death and Almost immediately after the discovery of her body, her step cousin, Damon Thibodeaux,
confessed to the crime. Even though Damon recanted his confession and claimed he had been coerced, he was still charged and convicted of Crystal's murder and received the death penalty. Damon would spend sixteen years behind bars, but since none of the physical evidence matched him, he was eventually exonerated
before his conviction was overturned and he was released. This story was once featured on an episode of the true crime TV show forty eight Hours, and I decided to cover it on The Trail Went Cold Back in September of twenty twenty one, shortly after learning that Damon Thibodeaux passed away due to complications from COVID nineteen. Well, it's good that Damon was exonerated before his death. The actual murder victim in this case, Crystal Champagne, has still never
received justice. So on this series of episodes, we're not only going to explore what went wrong, but also try to figure out who the real perpetrator might have been.
Well, I can already tell you a whole lot of things had to go wrong for it to get to a coerced confession. But then even a bigger sign that something went wrong is that it actually was his conviction was vacated, which is very, very difficult to do. If anyone listening has ever explored wrongful convictions, and you look at the idea that you know, people claim I'm innocent, there's innocence projects, there's people fighting to free individuals asking
for DNA to be tested, to really from prison. It is nearly impossible to get the court system to reverse a ruling that they've made right because it's admitting we've made a mistake somewhere. We've allowed someone to be prosecuted and convicted when their rights were not met, when the evidence wasn't there, and or when they're innocent. And so the fact that not only did Damian confess, which shows a lot of problems in our system, but also the
charge was vacated, the conviction was vacated, speaks volumes. This man was on death row. So for him to get vacated from death row, you have to be able to prove beyond a reasonable doubt and more that he's innocent, or that there's proof that his rights were not met and that something went wrong in the prosecution of this individual. So if you look at this one, I love it because I remember when I first started dating Rebel. I said, oh, you know, one of the things I love to look
at is wrongful conviction. And he said, oh, that stuff's so bizarre to me, Like, who would falsely confess to something they didn't do? And I have never been more excited in my life to teach somebody I love about something. You guys know me, and you can imagine, I'm like, Okay,
here we go. We're watching this documentary. In this documentary, I'm going to teach you about this and that false confessions are not as abnormal as you would think, because we train officers to use something called the read techniques.
And when you combine the actual types of questions and scenarios they present to people being interrogated, and you add other elements like age, background, intellect, and ability those kinds of things, it's actually not that crazy to be able to convince somebody that they could have done a certain crime. And so I cannot wait to hear what happens in that interrogation room. What Damon eventually says occurs. Because keep in mind, the police who trust and we expect to
bring justice to a scenario. If they believe somebody is guilty, they will go in with that assumption and do things like present false evidence, convince the person they failed to polygraph when maybe they didn't discuss how you know there's someone in another room as an eyewitness when there's not so when you have tons and tons of information like that being piled on you, long interrogations, best of luck.
I would never want to be sitting in an interrogation room without an attorney because it's not it's not out of the question that someone who's innocent would confess to something they didn't do.
Yeah, as we're going to talk about, this is going to be one of the weakest murder cases you've ever seen, which led to a conviction and someone being sent to death row. And in spite of this, it still took sixteen years to overturn his conviction, even though the only
evidence against him was a false confession. But like your example you just mentioned with rebel, false confessions still have a lot of weight for people because even if there's no other evidence against this defendant, juries still will convict because they hold a mentality like why would you confess to a crime that you did not commit, and a lot of these cases, the person who makes the confession
recancel immediately. In figure as well, they're going to find out I'm innocent, this is going to be sorted out and I'll be released. But more often not that doesn't happen, and it leads to tragic stories like this.
I'm really excited to hear all of your takes today, ash because I truly feel like this is where our girl shines. Ashley has her PhD in criminology, and when you get going on wrongful convictions, you always bring up the best points, So I can't wait to hear your thoughts on this case.
Well thanks, Jules. Yeah, this is one of those places where I just get excited about criminal justice in general because we have a ways to go, and these are the cases that kind of highlight where some of those vulnerabilities in our justice system are. Robin nailed it. Rebel was not alone when he said, like, no one would falsely confess to something they didn't do. I ask my students every semester I teach this class, how many of you think you would ever falsely confess to a crime?
Right?
None of them raise their hand. So if by the end of the class, just like poor Rebel who did not have to pay for a class on wrong convictions, I just gave it to him. But when by the end of class, almost all of them will raise their hand, understanding that false confessions are not that abnormal. But jurors don't sit through a college or a university course on wrongful convictions. They do exactly what Robin said. They do
exactly what Rebel did. They do exactly what my students did, which is when you say, who wouldever falsely confess, the whole jury says no one. I would never do that, and so it didn't need any other evidence in this case when Damien said, when Damon said I did it, he was done. He was going to be convicted because that jury believes no one in their right mind would
ever say I did it. Of course, quote everyone who commits a crime is quote innocent in prison, right, And they just go, hey, if he said he did it, he did it, and let's send him to prison. They sent this man to death row.
Our story begins in nineteen ninety six in Westwego, Louisiana, a suburban community of New Orleans which lies along the west bank of the Mississippi River. Our central figure is fourteen year old Crystal Marie Champagne, who lives at the
Tanglewood Apartments with her parents CJ. And Dawn Champagne. At around five fifteen pm on July nineteenth, Crystal left her apartment in order to walk to a nearby wind Dixie supermarket to purchase some noodles, but after an hour passed, she failed to return and her family went out and started searching for her. Crystal could not be found, so her mother reported her missing to Jefferson Parish Sheriff's office.
Over the course of the next twenty four hours, a number of people canvass the area with missing persons, flyers for Crystal, and witnesses would recall having seen her at the Winn Dixie supermarket on the night she disappeared. Finally, at around seven forty p m. On the evening of July twentieth, a family friend and neighbor named Stacy Mulansen called the police from a payphone in the unincorporated community of Bridge City to inform them that Crystal had been
found dead. Stacy claimed that she and her boyfriend John Tomlinson had shown Crystal's flyer to a pair of women at a convenience store in Bridge City who told them they were called seeing a girl matching Crystal's description walking down the levee next to the Mississippi River the previous evening.
When Stacy and John went to the area, they soon discovered Cristel's body in a wooded area underneath the Huey Pea Long Bridge, the location which was about five miles from Cristel's apartment, and an autopsy would reveal that she'd been strangled to death and beaten with a blunt object, as she had a fractured skull and a missing tooth, as well as hemorrhaging to her right eye and forehead. A red industrial wire which had likely been used to
strangle Crystal, was found tied to a nearby tree. Since her shirt was pulled off over her breath, and her shorts and underwear were pulled down, it appeared that Crystal had also been the victim of a sexual assault. It would later be estimated that Crystal had been dead around twenty four hours before she was found, placing her approximate time of death sometime between seven and eight pm on July nineteen Okay.
Can you rewind and tell me you guys said that someone calls from a payphone saying that she's dead, But really the only information they have is that they had seen this woman walking and they knew it was her because of a flyer or they're the ones who actually found her body.
Yeah, nobody called from a payphone. It was Stacy who called the police from a payphone. She said that she had spoken to two people at a woman at a convenience store who said that they had seen a girl matching Crystal's description walking down next to the Mississippi River the previous evening. So that's what prompted Stacy and her boyfriend John to go check this area out, and that's when they found her body in the woods.
Okay, okay, okay. So when they find her body, clearly she's been a victim of a horrific attack. It appears she's been sexually abused, but the violence and the intimate violence, right, She's not shot, she's bludgeoned to death. Clearly, she's been strangled. Her tooth's missing, her skulls fractured. So it's someone with either who is desperate to make sure that she can't tell anyone what happened or there's a lot of anger
and rage and power struggle there. It's a very disturbing scene that they stumbled upon when they find Crystal's body.
And as we're going to talk about, even though her shirt was pulled up and her shorts and underwear were pulled down, she was not actually penetrated or raped. And it makes you wonder was someone planning to do so and maybe just couldn't get aroused or something like that. So it just caused them to get really irate and take out their aggression, and that's why they killed Crystal in such your brutal fashion.
How far was this location on the Mississippi from the wind Dixie.
I'm not entirely sure, Like I only know that it was five miles from her apartment, so I'm assuming that it was probably close to five miles from the wind Dixie because she was only planning to walk there from her place. So I have a feeling that she might have accepted a ride for someone or was abducted, and that they drove her down to this location and disposed of her body.
Was it a common location that people would walk, like somebody said they saw somebody matching her description walking in that area.
I think so, yeah. I mean, I guess it's just like a place maybe where tourists would go or something like that, just because it was near the river. It's kind of a thing here where it's like it's possible that the witness was mistaken, maybe just saw another girl matching that description or something like that down the river, and they just found it and it was just luck
that Crystal was murdered at this place. So, before Crystal's body was found, investigators from the Jefferson Pair ofsh Sheriff's Office had already been interviewing a number of her friends and family members, including her twenty two year old step cousin, Damon Thibodeau, whose mother was once married to Cristel's uncle. Damon had lived in Midland, Texas, but weeks earlier, after traveling to New Orleans to attend his sister's wedding, he decided that he wanted to remain in the area to
be closer to his family. He moved in with his mother and got a job as an offshore deckhand on a Mississippi River barge. Even though the Champagne family didn't know Damon all that well. They quickly befriended him, and on the night before Cristal went missing, he went out drinking with down In CJ and stayed over at their apartment. Damon was still there when Crystal left to go to the supermarket the following day, and she had even asked him for a ride, but he declined because he was
busy fixing a watch. Damon actively participated in the search effort for Crystal before he returned to his mother's house on the evening of July the twentieth. Shortly after he arrived, investigators showed up there in order to question Damon, and he agreed to accompany them to the police station for an interview. However, shortly after the questioning started, investigators were informed that Crystal's body had been found, and they started focusing on Day as a potential suspect.
It's really interesting because she asked him for a ride and he said, no, I'm busy fixing a watch. And if you thought there was some bizarre dynamic going on, because it's a step cousin, right, and he was once associated to her by Crystel's uncle. If there was something
odd or some sexual frustration going on. If she had asked for him to do anything with her, it almost seems like he would jump and say, well, yes, of course I'll take you to work, right, of course, I'll go with you there, or maybe he wouldn't leave her alone, or he'd follow her. The fact that he's like, god, now this watch, I gotta work on this watch. It's so nonchalant of like not even interested right in engaging
with her in a place outside of the home. So that's an interesting little quirk to me when you talk about someone who's going to bludgeon potentially attempt to sexually assault somebody. He had chances where he could be isolated alone with her and he turned those down.
It's a good point because if he was a predator who was seeking this opportunity to like predate on her and potentially try to sexually assault her, then what a great opportunity that would be. So the fact that, like you said, he passes it up and he's so nonchalant about it, it does seem to speak to his innocence.
Yeah, and that is one of the reasons where I am kind of surprised that the police focused on him so quickly as a suspect, because in addition to that point, when you look at the timeline, you're gonna find out he really didn't have much of an opportunity to do this because his whereabouts are pretty well accounted for the
entire night. So it really doesn't make much sense for her to ask him for a ride, for him to say no, I'm going to stay here, fix my watch, and then a short time later like leave and go after her and then abductor and murder her. So it still makes me wonder, like why they felt that Damon would be a likely suspect.
All right, get ready to get pretty pissed off, Ashley, let's do it. So even though Damon had two previous marijuana possess charges on his record, he didn't have any known history of violence, and Crystal's family would later say that they never saw any warning signs of him being inappropriate with her. But in spite of this, police would spend the nine hours interrogating Damon without any legal counsel present.
So at one point, Damon agreed to take a polygraph test, but he was informed that the results showed signs of deception. Damon provided the names of all the people that he'd been with during the previous twenty four hours and said they could function as his alibi witnesses, but the detectives lied to him by stating that these witnesses had already
disputed his alibi. They told Damon they had evidence he killed Crystal, and even planted the idea into his head that he may have blacked out and committed the crime without even remembering it. The interrogation continued on until the early morning hours of July twenty first, and at four twenty one am, Damon finally confessed to Crystal's murder, stating quote, I didn't know that I had done it, but I'd
done it. He claimed that he'd picked up Crystal in his car after she left the supermarket and proceeded to drive her to the levee under the Hueyplong Bridge. They began to have sex until Crystal yelled out, ouch it hurts, take it easy. When she resisted, Damon said it caused him to snap, and he proceeded to rape and beat Crystal before strangling her to death. Afterward, he returned to Crystal's apartment and assisted with the search effort for her.
Okay, here it goes ready, ye ready, okay, all right, let's start with this. If you picture yourself in a tiny bathroom for nine hours at one time. Okay, we're talking like, I don't know, six by four for nine hours, where you have someone telling you, listen, damon, I know what you did. You're not getting out of here. There's only one way you're getting out of here, right, So tell us the truth. And you proceed to tell them the truth a million times.
Right.
I was with my friends. They back me up. I don't even know what you're talking about. This poor girl that I'm associated with somehow is dead and I didn't do it. I was fixing my watch. I was then hanging out with my friends. My friends can tell you that. So you're continuing to repeat the truth, and every time you repeat the truth, you're making the people in this tiny, tiny place more and more frustrated with you, and they're
telling you you're wrong. And then they amp it up by telling you, oh, those witnesses that are going to have your back, your friends. Unfortunately for you, they've already flipped on you and turned on you. So psychologically you start thinking, what in the heck is happening? Right, I'm just gonna stick with my story, and you know what, I'll take a polygraph test whatever, I'll take a polygraph
and that'll prove that I'm telling the truth. And I'm assuming they lied to him that he failed the polygraph. Is that correct?
Yes?
Okay, So now you're telling me that I'm a liar. You're telling me that she's dead, and my friends who I was with already have told you I'm lying. Holy crap. Okay, now you're telling me that I failed a polygraph test. What is happening? Because I'm pretty sure I'm telling you the truth. It starts to become like gaslighting, okay, where I all of a sudden start questioning my own mentality, my own recall, my own memory. Now they're going to amp up even more. It's not just that we've got
evidence that you actually killed her. We have your physical evidence at the scene. They're allowed to do that. It's part of the legal doctrine that if they need to falsify information to get a suspect of talk, they can.
Well they did here, and that's another element that's leaning poor Damon to go wait what Okay, So he's continuing to be confused and frustrated and then they're going to say, you know what, Damon, I know you don't remember doing this because I don't think you would do that, right, You're a good man. So they're going to build him up now that they've torn him down. However, Damon, there we believe that you blacked out and then you did this crime like you wouldn't do it. You're a good human.
We're going to make sure people know you're a good human. But you got to tell us the truth, Damon, because we think you blacked out, you don't remember everyone who knows you saying you did it. We have proof you did it, and you fail to polygraph, man, like, your only way out is to tell us the truth now, and maybe we can help you, right, maybe we can make this a little bit better on you. So Damon's doing one of two things, or maybe a combination of both.
He's at the point where he's like, holy crap, nine hours into this, my only way out is going to be to lie because obviously people will know that this stuff is not true once I get on the other side and away from these people. Or two, he actually starts to slightly believe what they're saying because I am
a good person. I was with my friends. If my friends are saying that I left or hurt her, and the police are saying there's evidence and that maybe I blacked out, and everybody's saying that, and I failed a polygraph. What if I did do this and just don't remember. And so what starts to happen is he will try to tell a story to the police that satisfy them, whether he's believing it or whether he's making it up. Then what's going to happen is he's gonna get facts wrong.
She was I don't know. He would make up a fact that doesn't fit the police narrative, and they'd say, ooh, that's not quite right. Why don't you tell us again? But this time, what weapon do you think you used to hit her? Mm, it's not that. Nope, try again, And over the course of nine hours they're going to craft a beautiful story where by the very end, Damon is able to say, you know what happened. I picked up Crystal in the car after she left the supermarket.
I drove her down to the levee under the Huey p Long Bridge. We started to have sex. Crystal yells out out it hurts take it easy. And when she resisted, I snapped. And then they're going to say, okay, good, that's good, good job, Damon, sign right here for us, and we're going to make sure that because you've told the truth, you know, like, we help you out, buddy. And when they walk out that door, Damon has completely sealed his fate, and in this case, sealed it to
the point where the jury says, holy creud. The man just described verbatim what he did to her. He needs to be on death row, period. What the heck? Tragic, absolutely tragic. All without an attorney present. None of this would have happened. If he had just known to say, hey, I want an attorney, which most innocent people don't know to do.
And I think you pretty much nailed it. And the thing about the attorney is that when he was originally brought to the station, when they asked him to gun down for questioning, they still had not yet found Crystal's body, so he had no inkling that he was going to be accused of murder. And while he was there, that's when they found Crystal and they're like, oh, he's in custody.
Let's start working on him and get him to confess, and I haven't even mentioned yet that he had been up for a long period of time with no sleep, so he was completely exhausted by that point, So you can understand why nine more hours of interrogation he might actually get to the point where he's thinking, hmm, maybe I did block out, maybe I did it and don't even remember it. And he pretty much gets to the point where it's like, I will say anything to get this to stop.
And do we know if they were withholding things like a drink or food or bathroom breaks as well.
I don't know that specifically. I haven't heard anything about if they let him out to use the bathroom or gave him any food or drink. But that is a common tactic and a lot of these false confessions where they're just kept in a room and given none of that stuff and they finally just say, I'm probably never going to leave this room until I tell them what they want to hear. And I think that's what happened in this case too.
Also, the interrogation is a Currane overnight, correct, so he might not have even gotten sleep. So when you talk about being sleep deprived, then emotionally and mentally manipulated and you're stuck in this tiny s with people yelling what a horrible human you are and that you killed someone. I mean, think about that. If he was sleep deprived, that adds an element to where he's losing the ability
of to focus on reality. Like I don't know, Robin, you don't have to admit this, but Jules, I don't know if you've ever been so exhausted that, like things seem so irrational, like everything's a big deal, everything's a problem. Reality is hard to decipher between you know, right and wrong, the truth or falls. So that would add a whole nother layer.
Here, oh, one hundred percent. And when you have him completely under threat by authority, figures he doesn't have an attorney present, he's being faced with things like the death penalty, is being told that he murdered his step cousin. He's got to be so scared and the reptilian part of his brain is going to be taking over. And when that happens, your ability to be a complex problem solver goes out the window, and the only thing that is
important is survival. And at that point, to survive, they're telling you what you need to do, and that is confess, and so it puts him in such a precarious position because he's almost willing to do anything to survive, and he's going to be going along with what these authority figures are telling him, not really realizing the repercussions and the ramifications for his choices at that time because he didn't have legal representation.
So Damon was subsequently charged with first degree murder and aggravated rape, and was so exhausted by this point that he passed out while being transported to jail. However, once Damon woke up, he realized the full ramifications of what happened and immediately recanted his confession. Like we just said, by the time the interrogation started, Damon had gotten virtually no sleep during the previous thirty five hours, and he
started to lose all sense of reality. He claimed that at one point, the detective threatened him with the death penalty and went into graphic detail about how painful it would be for him to die by a lethal injection. They told Damon that he might reci ove leniency if he confessed, so he finally decided to tell them what they wanted to hear in order to make the whole
ordeal stop. Indeed, it turned out there were a lot of issues with the confession, as only fifty four minutes of the nine hour interrogation session were recorded, and Damon got a number of details wrong about the crime. For starters, Damon claimed that before he strangled Crystal with the wire, he had first choked her with his bare hands, but there were no injuries on her throat to support that will. It seemed clear that the red wire found tied to
a nearby tree was the murder weapon. Damon said that he used a clear, black or gray speaker wire, which he had gotten from the trunk of his car. In fact, one if the detectives had even followed up this statement by asking Damon if he had any red wire inside his vehicle. Even though the severe injuries to Crystal's face indicated that she had been bludgeoned with the blunt object, Damon only mentioned hitting her with his fists, and while he said that Crystal's body was face down when he
left the scene, she was actually found face up. The rubbling inconsistency was that Damon had confessed to raping Crystal and specifically mentioned ejaculating as he squeezed Crystal's throat, but there was no trace of any semen found in or on her body. In fact, even though crystal shirt had been pulled up and her shorts pulled down, it did
not appear that she was sexually assaulted at all. Forensic testing would be performed on eighty six pieces of physical evidence, but nothing could be found to link Damon to the crime. And while some hares and fibers were taken from Damon's car, none of the match Crystal.
It doesn't get much worse than this. Okay, here's what I want you guys to think about. You think this story is bad when it's lined up against the evidence, I want you to think of the fact that there is eight hours and fifteen minutes that the police are feeding him information, yelling at him, telling him he's a liar, telling him to try again. They're not going to record the interrogation until there's a story that is telling that they like, Like just me saying that that's so messed up, right,
because he's innocent. I'm not saying if there's a suspect that's guilty and they're they're you know, getting an actual story, that's fine. But in this case, we we can look back and say it's a false confession. They have been feeding him information over and over again, that's not right. Try again, what did you use? How did you do it? Nope, try again, what did you use? How did you do it? And they keep having him alter it until they get
a story that goes that's it, that's what works. And if he's telling them, he's got to be quote telling the truth right. Wrong. But they're only going to record this one moment where it looks like he walks in. They ask him some questions and he tells him everything they need to know. Yep, I killed her. Yes, I sexually assaulted her. Yes, I overreacted and beat her. Yes,
I used this weapon. It's a story that has so much confidence behind it, which is why the jury at the moment he says I did it, and they see this easy recording of his story. Right, it's not nine hours they're watching, They're watching forty five minutes. At the end, they say he did it, even when you have forensic testing that shows, guys, there's nothing that lines up with what he said. They're so fixated on the fact that they would never say they did something they did not do.
They're so fixated on that fact they actually let forensic testing go out the window and don't even consider the fact that something could be wrong with this interrogation and confession.
And that's what's so frustrating about this particular case is that in a lot of other cases I've seen with false confessions and wrongfuel convictions, they're usually ones for cold cases that have gone unsolved for months and years, where the police are feeling an intense amount of pressure to solve the case and eventually get to the point where it's like, well, we found a compelling suspect, let's pint it on them, even if they're the right person or not.
But here, like they're doing this immediately after they found Crystal's body without doing any investigating whatsoever. So you'd think you might want to check if the physical evidence matches Damon and like try to figure out if he physically could have done this, if he had an alibi or anything like that. But it's not like, well, we have a guy in an interrogation room, let's pin the crime on them and worry about the rest of the evidence later. And that's pretty much what happened here.
Well, do you guys remember the Norfolk. Four, the same thing happened. There were four sailors who all falsely confessed. After the first one came in, they convinced him that he had sexually assaulted and killed his neighbor. Then they got DNA back that said it wasn't him, and they said, who was with you? So he just named one of his fellow sailors, and they got that guy to falsely confess,
and then they realized his DNA doesn't match. So they go down the line where these guys are just naming another person in their unit, and by the fourth one who confesses and is sentenced to prison, four of them go to prison. Finally a man comes forward says, I'm the one who raped and killed her. Right he's already serving time. They said, well, these guys must have killed her with you, and he's like, no, I did it
by myself. Man, I don't even know these guys. They were so hung up on the fact that people wouldn't falsely confess and they could not have gotten it wrong, that they kept the story going by adding elements even when the real killer was telling them the truth. And so it blows my face off. If y'all really want to be mad. Look that one up, nor Folk four.
I feel like jury's in those cases would have really benefited, like Damon's lawyer, if they would have been able to bring an expert like Ashley on the stand to talk about false confessions. But the year was nineteen ninety seven and our knowledge of false confessions isn't what it is today.
Yeah, Ashley, why don't you make that your full time job now? Just to go away and get these speeches for fut wrongfuel convictions. It'll prevent a lot of convictions.
If there's any attorneys listening, call me. I'm your girl. I might not be smart about everything, but this one is something I'm passionate about and I know it.
Man.
It's crazy, and time has changed, time has gotten better. We oftentimes have departments who are recording entire interrogations, which helps with this. But people have to understand the psychology and that as much as you want to think you're exempt from being manipulated and being coerced psychologically, you're not.
Okay, wait till you hear this next part about how there's no semen present at the scene.
Oh help me.
Okay.
However, Damon would still go on trial for the crime in September of nineteen ninety seven, and the case was prosecuted by Jefferson Parish District Attorney Paul Kronig Junior. In spite of the lack of physical evidence against Gamon, a detective would attempt to account for this by testifying that there was significant megant activity on Crystal's body at the time that she was found, so he felt the maggots could have consumed all the seminole fluids Damon left behind.
In addition to Damon's confession, corroborating evidence was presented by two eyewitnesses who testified that on the night of the crime, they had seen a man matching Damon's description nervously pacing on the levee near the spot where Kristel's body was found. Police later showed them a photo lineup, and they both
identified Damon as the man they saw. There was some question about whether Damon even had the opportunity to kill Crystal that night, as it would have taken between ten and fifteen minutes to drive from Krystel's apartment in Westwego
to the murder scene in Bridge City. Throughout the course of the evening, Damon was almost always in the company of other people who could vouch for his whereabouts, aside from a period of around thirty to forty five minutes when Damon claimed he was sitting alone in his parked car while smoking a joint. In her original statement to police, don Champagne said that Daemon was with her inside the apartment at seat thirty pm when she made the call
to report Crystal missing. Since Cristel's time of death was estimated to have been some time between seven and eight that night, this could have cleared Damon of any involvement, but when Dawn took the stand to testify at the trial, she now claimed that Damon was not with her when she phoned the police. The case went to the jury on October third, and after deliberating for only one hour, they found Damon guilty of aggravated rape and first degree murder.
Since the aggravating circumstances made Damon eligible for the death penalty, he was sentenced to be executed by a lethal injection.
Whoa whoa, whoa whoa wah Okay, okay, Let's start at the beginning. When you look at Jefferson Parish District Attorney Paul Connack, Junior fun fact, that's Harry Connock Junior's cousin. So the actor, the famous actor.
Yes, and also Harry Connick Senior, Harry Connic Junior's father is a very prominent district attorney from Louisiana as well.
Yes, he passed away last year. But yes, fun fact. As soon as you said Connic Junior, I was like, wait a second, Okay, so that is his cousin. They prosecuted this case. Okay. When we look at Dawn and you have the fact that she originally says he was with me, he was with me, right this idea that she says this and then gets on the stand and says something different. I in my head, the first thing I thought was what was threatened against her? What type
of psychological coersion was used against her? Because you have cases where, let's say, if she has a record at all, they'll start talking to her in terms of like if you don't want your kids to be in danger, you want to separate yourself as far as you can from this murder. We know he did it, there's evidence he did it. You look like a fool right now. He clearly was not with you at that time. You must
have gotten your times wrong. But you're going to be the one who's going to be serving time in prison. If you want to sit there and say that he was with you, your children are going to need to find someone else to take care of them because you feel a need to lie to us about his whereabouts. I'm going to send you to prison on a drug charge that we're pretty sure you're involved in these kinds
of things. They'll start threatening them and manipulating them and get to the point, just like Damon was at, where they'll either lie to remove themselves from the situation and protect their own self and family, or they'll actually start to believe what the police are telling me. So wait a minute, he was with me, but you're telling me he failed the polygraph. You're telling me that there's witnesses that say they saw him do it, or that he
wasn't with them. You are telling me that he has DNA evidence, that there is a forensic evidence, there's evidence against him. I guess he wasn't with me, right, So she could believe it, or she could have changed her story to remove herself or to protect herself in this situation.
Yeah, I think that's what happened. I don't think they threatened down with anything, but they probably convinced her. Hey, you're misremembering that night. Damon probably wasn't with you. We
have evidence he killed her. And this was back in the nineties when I think people were a lot more trusting of police officers, and Don is probably thinking well off they saying that Damon did it, then they obviously must be right, because why would they intentionally lie and put the wrong guy in prison for my daughter's murder? And Ashley I am dying to hear. Do you believe the explanation that the maggots consumed the semen? Yeah? Doesn't that make logical sense?
No?
No, no, Now, when you look at severe decomposition, does then DNA evidence also decompose in those same elements? Yes? But are you telling me that this man tells you that he ejaculated right, that he finished the sexual assault, which we know there's no evidence that actually happened. You even said there wasn't signs of penetration. Even so, when you look at the facts here that did not happen. She wasn't sitting out in the elements that crazy.
Long was she h twenty four hours?
Twenty four hours? No way?
Yeah? No way.
It's got to be pretty dang extreme for all forensic science to be degraded to a point where you couldn't analyze it. There's so many sperm cells and so much DNA that would occur in that situation. Those magots aren't that hungry. That didn't happen.
Yeah, but it is kind of scary that a jury would believe that it would only have to deliberate for an hour to find Damon guilty. It's like, if I was on the jury, I would have broke out laughing out loud in the court if I heard the explanation about the maggots.
Did he have a public defender?
I think so. Yeah, Like he really did not have adequate counsel. And it wasn't until people started looking at his wrongful conviction that he finally got a high class law firm who were able to help get his conviction overturned.
Yeah. That's another thing that's happening here is you have the idea that this poor kid wakes up and goes, holy crap, I just screwed myself over really bad. I falsely confessed because I thought I could prove it differently, And then they get somebody who might meet them what once before their case, or they meet them and they say, hey, listen, man, I got your file. We're good, I got your back,
and they see him again in the courtroom. Damon doesn't have somebody who's sitting there getting paid to go research, investigate, you know, advocate for him. He is a number on a caseload. He already confessed to the crime. So this poor defense attorney, who probably has seventy five other cases, goes, well, this means a slam shut.
It is what it is.
I'll just make sure his rights are protected in the courtroom, and that's what he got. Anybody who presented any of that eighty six pieces of evidence that didn't match him could have helped get him off. But this was someone who entered thinking the same kind of thing. No one falsely confesses this kid already screwed himself over. I'm just going to stand there and make sure he gets his constitutional rights met in the courtroom.
Actually I just remembered this, But there was a big conflict of interest with Damon's public defender, but we'll talk more about that in our next episode. So, after Damon was sent to death row at the Louisiana State Penitentiary
in Angola. The controversial nature of his case eventually led to him being represented by a number of advocacy organizations, including The Innocence Project, the Capital Post Conviction Project of Louisiana, and a Minneapolis based law firm called Frederickson and Byron. A number of unsuccessful appeals were filed to overturn Damon's conviction, but it kept getting affirmed by the Louisiana Supreme Court
and the United States Supreme Court. In May of two thousand and seven, Damon's legal team decided to approach Jefferson County District Attorney Paul Connick Junior with the idea of launching a joint reinvestigation into the case, in which both sides would split the costs. Surprisingly, Kodick agreed to work with them, so a lot of the evidence was re examined. New DNA testing was performed on the clothing that Crystal and Damon had worn on the night of the crime.
The results showed no traces of Damon's DNA on Crystal's clothing and vice versa. A tiny sample of blood had been found on the red wire used to strangle Crystal and While testing revealed that the blood had a male DNA profile, it did not match Damon. The two eye witnesses who had reported seeing Damon pacing along the levee on the night of the crime were reinterviewed and made
some surprising admissions. Even though they both identified Damon from a photo lineup, they now said that they had previously seen Damon's photo in the newspaper after he was charged with the murder, which likely caused some cognitive bias when
they made their identification. However, what was particularly surprising is that the witnesses specifically mentioned seeing police tape at the scene when they saw this man, which would have meant that their sighting took place on the evening of July the twentieth, when Crystal's body was found, not on the nineteenth, when she was murdered, And since Damon was already in police custody on the evening of the twentieth, then the man that they saw at the levee could not have
been him. In addition, Dawn Champagne was also reinterviewed about her conflicting statements about whether Damon was still president at the apartment when she made the call to report Crystal missing, and she now said that her original statement to police about Damon being there was her best recollection.
Okay, I won't get on my soapbox because I've been on a roll about wrongful convictions. But eyewitness identification is flawed from the start. We know that. But this is where his attorney should have said, Nope, not possible. If she saw it with the crime scene tape. He was already in police custody when they found the body. So that's where his attorney had. They been sitting there with Damon and he's like, look, man, this is what happened. This is when I was interrogated. This is where I was.
If anyone had sat down and listened to him and was really advocating for the details and for true justice in this case, they would have known that this was not possible. But again, he's a number. He's already going to go to prison. That's what the attorney knows. I just got to make sure that his rights are intact. Here.
He's not being represented at all. There's no investigation or digging into it, because these are facts that were present then and we're sitting here talking about them now in hindsight. But they were present then, and none of these things are convincing a jury otherwise, so clearly his attorney failed him.
At the trial, testimony had been provided by the state pathologist, doctor Fraser Mackenzie, who outlined the details of Crystal's murder. Doctor mackenzie claimed he was aware that Damon had confessed to the crime, who was never shown the actual contents of the confession. When McKenzie finally saw years later and learned that Damon had said that he raped Crystal, he was left aghast because none of the physical evidence that he saw matched the confession, so he provided a signed
affidavit to Damon's legal team outlining all these discrepancies. Damon's defense team also brought in a psychologist to examine him and analyze his confession. It turned out that Damon had a very trouble childhood in which he was physically and sexually abused by multiple individuals. The psychologists concluded that Damon's abuse of upbringing had caused him to grow up with a natural fear of authority figures, which made him a lot more susceptible to confessing to something that he did
not do. Paul Connick Junior, countered by bringing in his own forensic psychiatrist, doctor Michael Welner, to analyze Damon's confession. Doctor Welner had a history of fighting with law enforcement, and while he did not believe that Damon's confession was coerced by police, he did conclude that it was false.
Like many others, Welner was troubled by the fact that no physical evidence linked Damon to the crime, and feorized that he may have confessed because he felt massive guilt over the fact that he'd turned down Crystal's request to give her a ride to the supermarket on the day that she was killed. Even though it was common practice for offenders to minimize their involvement whenever they admitted to a crime, Damon did the exact opposite by admitting to
a rape which never actually happened. So Welner found this to be a strong indicator that his confession was false.
Okay, wait a second, Is this when the case is being re examined after Damon's already in prison, or is this when they're first trying the case that these two experts are being asked to testify.
Oh, this is years after the fact, after he's been confessions, When they've got the Innocence Project to bring in a lot of these experts to take a fresh look at the crime.
Okay, okay, okay, because I thought at first you were telling me that a prosecutor hears that his own witness says that the confession's false, and he's like, that's cool, and he took it to trial.
Okay.
Who sorry? Okay. So both the defense and the prosecutor seek out to hire different psychiatrists to look at this case, and both sides, maybe for different reasons, come to the same conclusion this is a false confession. What's really interesting here is you have to give credit to Paul Knnick Junior. Because a lot of times when you ask a prosecutor to look at a case where someone's been convicted, it's
a pride and ego game. It's also a way to cover my own butt by not being willing to relook at that case because I refuse to let someone say I got it wrong right, and then I sent it someone. I got someone convicted on false terms. I let somebody sit in prison when they didn't deserve to be there. But also we might owe them money or we might be sued because of that behavior. So you never really see people in power say I think we messed up.
When you see prosecutors like that, when you see integrity units where you have a prosecution team willing to say, hey, let's relok at this case. Even though he went forward with it when there wasn't good evidence, the fact that he was willing to sit down and re look at it does speak volumes. And here I don't think he could look the other way when you say, even my own experts are telling me this case is flawed, something's wrong, and he probably didn't do it.
Oh. Yes, I give Paul Knock Junior a lot of credit for his actions in this case, because even though he was the one who tried the case to begin with, this is sort of thing is very very rare and outside the norm for a prosecutor to admit, maybe I made a mistake, maybe I got the wrong guy. Because most of the time they will try to like twist things up so badly to try to justify their conviction and go so far as to make up evidence and
lie because they cannot admit they were wrong. But Connick was one of the rare ones who realized that, ooh, I may have screwed up here and sent an innocent man to prison. But I do want to make things right, and I'm sure it was pretty overwhelming for him when his own experts said that, yeah, this confession was probably false and you probably got the wrong guy.
And who knows what happened to him in those ten years. People evolve and they change, and what might have been his objective initially may have just been to win at any cost. And then as time goes by and you become more seasoned in that profession and in that role, and he might have just had a whole different viewpoint on the way that he viewed the cases that he prosecuted going forward. But also when somebody brings a case to him from the past, he might truly care whether
or not there's an innocent man sitting in jail. And we see so many cases where law enforcement or prosecutors commit would seem to be egregious acts. But in this case, we have somebody who really is worthy of being celebrated.
Oh yeah, and in Contic's defense, he was really new when he tried the case. He wasn't actually in office when they originally charged Damon with the murder. He only kind of took over and had the case given to him. So I think he thought he did what he thought was right at the time, But as he became more experienced try more of these cases, I think he finally saw the warning signs and realized that this was an
innocent man. So when Paul Konnick Junior examined doctor Welner's analysis, along with the results of the DNA testing and the other discredited evidence, he was finally convinced that the wrong person had been sent to prison. Connick and Damon's defense team subsequently filed a joint motion to drop the indictment against him, and this prompted a judge to vacate Damon's conviction.
On September twenty eighth, twenty twelve, after sixteen years of incarceration, Damon was finally released from death row and became a free man. This turned out to be a significant milestone, as Damon officially became the three hundredth wrongly convicted individual in the United States to be exonerated by DNA testing.
Following his release, Damon moved to Minnesota and began working at Frederickson and Byron, the law froom who represented him and since he had never graduated high school, Damon finally decided to obtain his ged At the time he was arrested, Damon had a five year old son named Josh, though they had not been in contact since Damon broke up
with Josh's mother years earlier. While he was incarcerated, Damon wrote a letter to Josh, who was living in Alabama at the time, and while they continued to correspond and started building up a relationship, Damon would not allow his son to visit him on death row, and they would have their first in person meeting on the day Damon
walked out of prison. While making his living as a long haul trucker, Damon became an active speaker for wrongful conviction reform and once stated during an interview, quote the best part of my day, no matter how good the rest of my day is, is when I wake up every morning and I don't see those bars end quote.
He eventually moved to Jacksonville, Florida, but unfortunately, on August the thirty first, twenty twenty one, Damon would succumb to complications from COVID nineteen and died at the age of forty seven. Even though the investigation into the murder of Crystal Champagne was reopened following Damon's release. There does not seem to have been much progress with finding a resolution, and the identity of Crystal's real killer remains unknown. So I guess you could say the path when Chile.
Do you guys see the fact that he spent one third of his life behind bars. He was forty seven years old when he died, and he spent sixteen years right in prison.
Yeah, that is just so sad. It always breaks my heart when these wrongly convicted people are released and then die like only a few years later, a short time later.
It's so sad. He lost his chance to be a dad, because yes, he got to meet his adult son and be with him, but that's so different, right, like being a parent to your children, mother in the home, while they're growing up, while they're in school, while they're doing you know, t ball and all kinds of things, versus you know, having an adult friendship with an adult child. Those are two very different phases of life. So he lost the ability if he wanted to to be a
very active member of his son's life. That didn't happen. And not only was he in prison, y'all. He was on death row, like waiting thinking every day it takes one pen to sign a date of when I'm going to be executed, right, And that's horrified to think about. This is not just someone who was in prison. This
guy was could have been killed for something he didn't do. Remember, that's one of the things that actually the police lied to him in the interrogation room, threatening him with the death penalty and then saying, hey, if you can tell us what happened, like we can make sure that doesn't happen to you. What they signed a you know, they signed a death sentence for him, is what they did when they convicted him. And one third of this poor
man's life was sentence was spent behind bars. Think about it. The only thing he had on his record before that was a marijuana charge, two minor marijuana charges. That it doesn't matter. No one deserves to be wrongfully convicted. But this is some kid who just stumbles into an interrogation room tries to say, listen, I can get this all to be shut down if I just tell them what they want to hear and I'll figure it out later.
Uh yeah, he figures it out. What almost two decades later when he's being released after a wrongful conviction, but the fact he was on death row, the fact that a third of his life was spent there and he lost so many aspects of the life he should have been granted. It's horrific and we still have no justice.
Yes, on our next episode, we're finally going to talk about a potential alternate suspect and the murder of Crystal Champagne. And once you hear about who this is, you'll be like, oh my god, how did they not focus on this guy right away rather than Damon? So that's what makes the whole case all the more frustrating and heartbreaking. So this would be a good time to bring an in to part one, So join us next week as we present part two of our series about the murder of Crystal Champagne.
Robin, do you want to tell us a little bit about the Trail Went Cold Patreon?
Yes, the Trail Cold Patreon has been around for three years now, and we offer these standard bonus features like early ad free episodes, and I also send out stickers and sign thank you cards to anyone who signs up with us on Patreon if you join our five dollars tier Tier two. We also offer monthly bonus at episodes in which I talk about cases which are not featured on The Trail Went Cold's original feed, so they're exclusive to Patreon and if you join our highest tier, tier three,
the ten dollars tier. One of the features we offer is a audio commentary track over classic episodes of Unsawved Mysteries, where you can download an audio file and then boot up the original Unsaved Mysteries episode on Amazon Prime or YouTube and play it with my audio commentary playing in the background, where I just provide trivia and factoids about the cases featured in this episode. And incidentally, the very first episode that I did a commentary track over was
the episode featuring this case. So if you want to download a commentary track in which I make more smart ass remarks about Jewel Kaylor, then be sure to join Tier three.
So I want to let you know a little bit about the Jeweles and ashy Patreons. So there's early ad free episodes of The Path Went Chili. We've got our Path Went Chili mini's, which are always over an hour, so they're not very mini, but they're just too short to turn into a series and we're really enjoying doing those, so we hope you'll check out those patreons will link them in the show notes.
So I want to thank you all for listening, and any chance you have to share us on social media with a friend or to rate and review is greatly appreciated. You can email us at the Pathwentchili at gmail dot com. You can reach us on Twitter at the Pathwink. So until next time, be sure to bundle up because cold trails and chili pass call for warm clothing.
Music by Paul Rich from the podcast Cold Callers Comedy
