Don Samuel
Appearances
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 8. Mommy Di
Victims' families, I'm not going to quibble with them. Factually, there's all kinds of, I can't count the number of erroneous facts that are in that sentence, that paragraph.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 8. Mommy Di
the accusation that we hid this to get our fees a we didn't hide it b we didn't get fees through the setup excuse me through the settlement um that he's going to collect millions of dollars that's going to be tied up in court i don't know how long it's tied up in court because the trustee mary margaret oliver is filing what's known as a declaratory judgment action and in fact her heirs are more likely to receive the money
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 8. Mommy Di
The DA, the current DA who's handling the case didn't hide anything from anybody. Everything about that paragraph is factually wrong. I like Billy Corey personally. He's a decent guy. I've known him for many years. Like I said, victims' families, victims' friends. I share their grief, I understand their grief, I empathize with them.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 8. Mommy Di
And very often they think the defense lawyer is evil, the judge is evil, the jury was corrupt, you know, because nothing makes sense to them. But what you read to me is, I'm fine if that's what Billy wants to write. I bet he'd be a little more persuasive if he was accurate.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 8. Mommy Di
You know, again, without violating any privilege, I'd say that he has aged a lot more than the six years since I first met him. I first met him, you know, December of 2017, January 18. He's probably...
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 8. Mommy Di
you know mentally aged 10 years not six years during that period he and then i went to visit him a couple three weeks ago and he's having a rough time even now i mean we don't know when he's going to be paroled we're kind of hoping soon but he's he's having trouble walking he's had a great deal of difficulty talking so he's um he's not doing great you think he's paid gravely for accidentally shooting his wife
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 8. Mommy Di
Oh, for sure. For sure. Emotionally. For having lost his wife, having been the cause of the loss of his wife, and sitting in prison for six years. Or more, really, if you include the pre-trial time. Yeah.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 8. Mommy Di
Yeah. Well, it's a little confusing. There's something called pick points, progress incentive something, where you get credit that is given to you on parole for taking classes and teaching other people. So he's getting those, which has the same effect as granting parole. They're moving the parole date up. It's actually going to be a release date because of all the pick points.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 8. Mommy Di
We still hope he gets out. within a matter of, at this point, a month or two. I hope. But we don't know for sure.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 8. Mommy Di
But that didn't include the pick points that he's been given. So those are coming off the sentence. That's reducing the sentence.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 5. Judgement Day
I think it should have been tried as an involuntary manslaughter case. That's what the allegation should have been. Reckless endangerment. You can get 10 years on that. I think that would have been a fair way to prosecute this case to begin with.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 5. Judgement Day
You know, there's always going to be grieving family. There's always going to be grieving people, victims' families. Some are irrational. Some are not rational. Some have political pull. Some don't. Some may make the DA nervous about, you know, come election time.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 5. Judgement Day
I'm sure Billy Corey was adamant that he should be prosecuted, but I don't hold that against him any more than I would hold it against a spouse of someone who dies in a car wreck, even though it was an accident, and says, I want the death penalty.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 5. Judgement Day
Well, you know, it was due to things that Tech said and the whole issue with Mr. Crane's public relations issues. I thought it was exploited totally inappropriately. the judgment. But the case really had nothing to do with race. I mean, a white defendant, a white wife, everybody was Caucasian in this case, was white. So why would race have anything to do with this case?
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 5. Judgement Day
So it's because of an offhanded remark he made or didn't make, one way or the other, about why he felt endangered downtown Atlanta at night. I bet there's a lot of people who feel somewhat endangered in downtown Atlanta at night. I'm not crazy about walking around sometimes. I wouldn't let my kids walk around. It's not because of race, but Texas is a southerner.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 5. Judgement Day
I didn't grow up in the South, so that's not the way I would describe my fear. But it had nothing to do with the crime at all, at all. I'm not sure I can understand how to put together he should have talked and kept his mouth shut. Probably one or the other.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 5. Judgement Day
You know, the comment he made to Danny Joe or the jury found that he did and Danny Joe said he did about pretend you weren't here is so nonsensical. It would be as if I walked out of the door here right now and said, Dale, do me a favor. Tell everybody I wasn't here. We're on camera. You're taping me. I mean, he drives, you know, he's in the backseat of the car that pulls up in the ER at Emory.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 5. Judgement Day
He gets out. All the nurses are there. He's helping everybody out. Danny Joe is driving. Why would he tell her, pretend you weren't here? It's completely illogical. Obviously, if he said it, and I'm not convinced he did, it's just To me, it was just another peculiar thing that happens when someone dies. Your wife dies right in front of you, you know, at your hands.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 5. Judgement Day
There's going to be a lot of odd things that happen.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 5. Judgement Day
Well, you know, I'm not sure I can give a great answer. I think it was apparent to everybody at the outset that this, it just made no sense that this was a malice murder or a murder. It was obvious that he had the gun in his hand. It was undeniable. It's undeniable the gun shot. It's undeniable the bullet went through the backseat. And he is the cause of Diane's death. It just wasn't an issue.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 5. Judgement Day
That doesn't mean you have to immediately mount a malice murder investigation. You need to take DNA samples everywhere. You need to figure out where the gunpowder is, where the gunshot residue is. I'm not sure that's necessary every time you think it's absolutely obvious that it was an accident. I'm sure there are hundreds of accidents that don't get investigated as murders.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 5. Judgement Day
And I think that's what the police department viewed the cases being. We've had a whole lot of that. You all had suspicions based on very odd circumstantial evidence. I mean, by the time we went to trial, there was this myth that there was a second will. Maybe you believe there was a second will. Maybe one person was told at one point. Nobody ever found a second will.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 5. Judgement Day
Nobody ever found a lawyer who drafted a second will. Nobody ever had any evidence that Tex was aware of, saw, or was motivated by a second will. And then the trial was, well, why did they go to Emory? Can you imagine that? That being a reason, we should prosecute him for murder. Not because he went to Emory rather than Grady. But that shows he didn't want her to get care. He drove her to Emory.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 5. Judgement Day
There's a million things in life that are hard to explain. And to jump from that to these odd things, they all add up to malice, murder. And then you ignore he's in the car with her best friend.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 5. Judgement Day
Why would anybody shoot through the backseat of a car that's full of metal, you know, all the stuff that's inside of a fancy car, with the best friend in the... I can't understand how anybody can ignore all that and say, oh, but he sold her jewelry, so obviously he's a murderer. Or he called the wrong PR person, so he's obviously a murderer. I don't buy it. I just don't...
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 5. Judgement Day
If I were a juror hearing this case, I would have said, let's talk about how negligent it is to have a gun in your lap. That's what we're fighting over here, folks. Is it reckless or is it negligent?
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 5. Judgement Day
That's the first position the state took. Was this a well-planned, deliberate murder?
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 5. Judgement Day
Did he decide at 10 o'clock on a Sunday night after a pleasant weekend at the ranch and dinner along on a steakhouse to kill the woman he loved? That's the other theory they've developed, that she nagged him, that she complained about his weight, that she yelled at him in the car about not going to sleep. And then Ms. Convery says, you can form a balance in an instant.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 5. Judgement Day
to suggest that this perhaps is the option. Don't worry about all the pre-planning. As long as when the gun was fired, he intended to kill, that's enough. So it's got to be one of those two, ultimately, is the state's theory.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 5. Judgement Day
It's probably improbable that this was an intentional thought, calculated, well-planned act of murder. and you're going to convince your wife somehow, maybe through ESP or some kind of mental game, he's got a Jedi, whatever, you know, I'm going to convince my wife to tell Dr. Hardy he was an accident.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 5. Judgement Day
about what their real theory is going to be. But it's essentially based on speculation and red herrings. Speculation. There must have been a second will. Speculation. He must have been getting ready to forecourt on the $350,000. Speculation. They must have been arguing in private. There must have been all these private arguments that none of the friends know about.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 5. Judgement Day
That's going to convince you beyond a reasonable doubt to speculate that all the evidence we heard and hear was not the real case. It's the things we don't know about that supports guilt that we lose. If Mr. Rucker can convince you to speculate about 20 or 30 different things, none of which we've heard any evidence about, then we lose.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 5. Judgement Day
Next time on Deadly Fortune. I was stunned that he was convicted.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 5. Judgement Day
I knew I was killing the children, but I couldn't stop myself.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 5. Judgement Day
He was not in my field of law. He had nothing to do with criminal practice. I didn't even know he existed. I read the papers like everybody else did. I became fascinated with the case. And when Bruce called me up, you know, I was on vacation over Thanksgiving. I said, I'll be there in 30 minutes.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 5. Judgement Day
I felt, you know, it was a fascinating case. You know, there was fascinating issues in it. I like Bruce a lot. Bruce and I have, you know, worked on a number of cases together already by then. You know, lawyers like taking cases that are in the public eye. So I didn't do it for free.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 5. Judgement Day
Well, you know, I'm not necessarily privy to everything that happens in the DA's office, but, you know, Paul Howard and Clint Rucker, both of whom I've known forever. Clint is now in my law firm. I assume you know that. We work together. But at the time, he was in the DA's office. And I think they were suspicious of some of the same things that the public was.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 5. Judgement Day
Why is he selling all her jewelry within a matter of weeks? Why is he asking people about Social Security benefits 24 hours after she's died? Why does he have a gun loaded with the trigger pulled in the car? And they really, I think they really came to believe it was a case that needed to be tried, needed to go to the jury. I don't agree. I don't think it was a case that should have been tried.