Prosecutor Steve Crump
Appearances
48 Hours
The Black Widow
Nearly a year after Raynella was charged with David Lee's murder, the same medical examiner who ruled that death a homicide reviewed Ed Dossett's file. Dr. Malusnik determined it wasn't cattle that killed him. It was a morphine overdose. It was a huge story. The widow of a district attorney general was now charged with murdering two husbands.
48 Hours
The Black Widow
Which is why Diane Fanning called her book her deadly web. Is it possible that Rainella Leith is just a very unlucky woman?
48 Hours
The Black Widow
Prosecutors decided to try her for David Lee's murder first. In 2009, six years after his death, Raynella finally went on trial. But it turns out that was only the beginning. The jury deadlocked. 11 to 1. 11 to 1 to convict.
48 Hours
The Black Widow
A year later, Raynella was back in court for trial number two. The case was the same, but this time jurors were unanimous. Raynella was convicted of first degree murder and sentenced to life in prison.
48 Hours
The Black Widow
So were prosecutors. With Raynella behind bars, they dropped the murder charges for the death of her first husband, Ed Dossett, never expecting what came next. I would describe her as lucky. Very lucky. After she served six years, Raynella's conviction was tossed out. The reason? The trial judge had been seriously impaired with a drug addiction and was kicked off the bench.
48 Hours
The Black Widow
Fourteen years after the death of David Leith... Call the jury in, please. ...it's now trial number three. Statement showed that on March... And prosecutor Steve Crump's turn to try Raynella Leith. Is there a way to describe this case?
48 Hours
The Black Widow
It's May 2017. Everyone is ready. The trial, one of the last of senior judge Paul Sommer's career, is set to begin. First to present, District Attorney General Steve Crump, in what all sides hope will be the last trial in this case.
48 Hours
The Black Widow
He argues Raynella's murderous plan unraveled the moment she fired that first shot and missed.
48 Hours
The Black Widow
For the prosecution, the gun, a Colt 38 police special revolver, reveals some of the most important clues.
48 Hours
The Black Widow
This picture of the cylinder was taken at the scene. The three fired rounds have small indentations or hammer strikes in the center of the casing. The unfired rounds do not.
48 Hours
The Black Widow
Prosecutors say that clockwise rotation of the cylinder tells the order of the shots.
48 Hours
The Black Widow
The first two cartridges are from silver Remington bullets. Fragments of those were found in the wall and David Leith's head. But the third is different. It's a gold Winchester found shot through the mattress. If that gold bullet was fired last, as the prosecution believes, that means it came after David Leith was already shot in the head, severing his brain stem.
48 Hours
The Black Widow
next prosecutors turn to the blood spatter these round drops of blood on the wall tell investigators that david's head had to be raised nearly a foot above the mattress when the bullet was fired the only way that all of this works together is that if reynolds is standing at the side of the bed and she misses with that first shot and we know that the first shot was the one that went into the headboard he raises up
48 Hours
The Black Widow
But the defense insists that the same evidence points to David Leith as the shooter.
48 Hours
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Raynella's team consists of Knoxville criminal attorney Josh Hedrick, along with Rebecca Legrand, a Washington, D.C.-based lawyer with a background in science.
48 Hours
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With no clear motive presented by the state, the defense starts with those three shots.
48 Hours
The Black Widow
But even if the prosecution's order of shots is correct, Kentucky State Medical Examiner and defense consultant Dr. Greg Davis says David Leith still could have been the shooter.
48 Hours
The Black Widow
Which is what he believes Dr. Milucinic should have done in this case. Remember, within 24 hours of David Lee's death, Dr. Milucinic called it a homicide. She had not yet seen records from his neurologist or received a complete medical history.
48 Hours
The Black Widow
In a previous trial, Dr. Malusik testified that medications found in David's system would have rendered him, and I quote... incapacitated. In other words, he would have been unable to kill himself. But in trial number three, Dr. Milucinic did not repeat that claim.
48 Hours
The Black Widow
dr malusnik declined 48 hours request for an interview but in renella's third trial she stands firm that david lee's death was a homicide i was very confident and 14 years later i'm even more so confident yes dr davis can you say unequivocally that she didn't kill her husband no i cannot but there's not enough evidence to say she did.
48 Hours
The Black Widow
In a final and dramatic attempt to convince a jury of suicide, the defense brings the blood-stained bed to the courtroom, still preserved.
48 Hours
The Black Widow
Defense forensic expert Celia Hartnett shows jurors how David Leith could have fired all three shots.
48 Hours
The Black Widow
But for the prosecution, the most incriminating evidence isn't at the crime scene. It's at the barber shop, where Raynella called Cindy Wilkerson on the morning of the shooting. Raynella had already left David at home. She made the call from Park West Hospital, where she was visiting David's mother.
48 Hours
The Black Widow
The prosecution says the call was part of Raynella's elaborate alibi to prove she wasn't at home with David, but they say she miscalculated. Remember, Raynella told police she put breakfast by the bed and left the house around 9.30. She made the call to Cindy just 20 minutes later.
48 Hours
The Black Widow
Have you seen your father today? That's the question the prosecution wants burned into jurors' minds as both sides make their final case.
48 Hours
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As all eyes turn to the jury, there are things about Raynella Leith they'll never hear. They don't know about Ed Dossett. and they don't know about Steve Walker.
48 Hours
The Black Widow
Steve Walker's ex-wife was Ed Dossett's secretary. Their relationship, as it turns out, was more than just professional. In 1995, three years after Ed's death, Steve found out during divorce proceedings that the son he raised was actually Ed Dossett's biological child. It came as a terrible shock to Steve and Raynella. I mean, in some ways, you felt that you were on her side.
48 Hours
The Black Widow
He could not have been more wrong. According to a police report filed by Raynella, on the morning of May 26 of that year, she found Steve, quote, acting psychotic near Ed's grave on the farm.
48 Hours
The Black Widow
She told police she began firing warning shots into the ground to chase him away, and that Steve then took the weapon and fled on foot. But when Steve filed his own report, he told a very different story. He says that same morning, Raynella picked him up at the auto shop where he works and drove him to the farm to talk about the affair.
48 Hours
The Black Widow
When they got to Raynella's barn, Steve says she suddenly pulled out a revolver. In a police interview, Steve told investigators Raynella then said, I'll kill you, you son of a bitch. Then I'll raise the son.
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But the former marksman missed. Steve started running, but tripped and fell.
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The police believed Steve Walker's story, and Raynella was arrested and charged with attempted murder. But she took a deal and pled guilty to a lesser charge of assault. After six years, her record was cleared.
48 Hours
The Black Widow
Twenty-two years later, she's hoping to walk away again. But as the jurors are ready to have their voices heard... As jurors, you are the ones that will decide the case.
48 Hours
The Black Widow
With her daughter by her side, Raynella Leath arrives at court for the final time.
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Before the jurors can decide her fate, there's just one more piece of business.
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A routine request made in nearly every trial to throw out the case for lack of evidence. In most cases, the judge simply denies the motion and gives the jurors the case. Only two words are required, either motion granted or motion denied. But then, like so many times in the story of Raynella Leath, something completely unexpected happens.
48 Hours
The Black Widow
Not guilty. The judge, on his own, acquits Raynella Leath of murder. After 14 years of suspicion, six years behind bars, and three hard-fought trials just like that, it's all over. As the defense celebrates.
48 Hours
The Black Widow
David Lee's daughter Cindy sits stunned. The prosecution does too. I don't understand it. I don't have an explanation. And under Tennessee law, there's no appeal either because the judge made his extremely rare decision before the jury began deliberations. These jurors, initially shocked, become angry.
48 Hours
The Black Widow
So we asked Judge Summers, now retired, to make his case to 48 hours. And he agreed.
48 Hours
The Black Widow
Judge Summers believed that there was enough evidence for the jury to decide a homicide may have occurred, but he was convinced the prosecution didn't meet its burden to prove that Raynella Leith had the time or the opportunity to commit it.
48 Hours
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If you were so sure that there wasn't enough evidence for the jury to convict her beyond a reasonable doubt, wouldn't the jury have come to the same conclusion?
48 Hours
The Black Widow
Judges sometimes make these extraordinary decisions when they fear jurors might be swayed by emotion and not evidence. And that may have been a factor in this case. While we will never know for sure what the whole jury would have done, we have a clue. If you had gotten to vote, how would you have voted?
48 Hours
The Black Widow
For William McMichael, Jesse Capps, and Michael Persicano, it was the gun that pointed to Raynella as the killer.
48 Hours
The Black Widow
And you don't believe the defense witness who said, well, you can have this spasm after death that pulled the trigger the third time?
48 Hours
The Black Widow
What most convinced you, Jesse, that this wasn't just a murder, but that Raynella Leith was the one who killed her husband?
48 Hours
The Black Widow
It wasn't just these three. They say shortly after the judge's decision, a majority of jurors gathered near the courthouse and came to the same conclusion. Admittedly, they did not deliberate, but they would have found her guilty.
48 Hours
The Black Widow
Some in this town will always call her a black widow, but for Raynella Lee, none of that matters.
48 Hours
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So you're not saying that Raynella Leith is innocent. You're saying not guilty.
48 Hours
The Black Widow
Best-selling author Diane Fanning has written about this case and the players.
48 Hours
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Raynella Leath, a 68-year-old grandmother, is at the center of this extraordinary tale.
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And ever since 2003, the former nurse has been the prime suspect in the death of her second husband, David Leith.
48 Hours
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It was Raynella's 911 call on the morning of March 13, 2003, that sent police rushing to the Leaf home.
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Listen to investigators as they begin wondering about that death called in as a suicide.
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Detectives wanted to establish where Raynella had been all morning, and she agreed to talk, the only time she's spoken on the record. She remembers watching television with her husband, David, that morning before leaving his breakfast on the nightstand.
48 Hours
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It was close to 9.30, she says, when she headed to the hospital to visit her mother-in-law. When she arrived home shortly after 11, she found her husband laying in a bloody bed with a gunshot to his head.
48 Hours
The Black Widow
The gun was believed to have belonged to David's parents. David's sudden death left Raynella a grieving widow for the second time. Her first husband, Ed Dossett, had died 11 years earlier. Raynella and Ed met at East Tennessee State University, where she was on the rifle team and studying to be a nurse. He planned to go to law school. What drew those two together?
48 Hours
The Black Widow
They married and moved to Ed's 165-acre family farm in the tight-knit community of Solway, just outside Knoxville, where they raised cattle... and three children, Maggie, Eddie Jr., and Katie. Raynella was extremely protective of her children. They became the power couple in town when Ed was elected Knox County District Attorney General. Raynella was Director of Nursing at Park West Hospital.
48 Hours
The Black Widow
But their lives took a tragic turn when at the age of 43, Ed was diagnosed with terminal cancer. Nine months later, he died, not from his illness, but in a freak farming accident. But Raynella wasn't a widow for long. Six months later, she shot friends and family when she remarried. David Leith was a local barber and Ed Dossett's best friend and neighbor.
48 Hours
The Black Widow
David's daughter, Cindy Wilkerson, and his cousin, Beth Roberts, say the whirlwind romance was all the talk in Solway. What do you think he saw in Raynella? She's charming.
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But Raynella's newfound happiness was short-lived. Less than two years after she remarried, her 11-year-old son was killed in a car crash.
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Cindy says she began seeing changes in Raynella and her father's relationship. They didn't seem as happy as they were when they first got married. Five years later, more heartbreak. David was hospitalized. He began seeing a neurologist for signs of dementia and depression. In early 2003, Raynella says David's behavior became more erratic, concerned. She began making notes in a private journal.
48 Hours
The Black Widow
On January 19th, she wrote, Dave hateful today. I cried and cried. Three days later, things hadn't improved. Dave hateful, controlling, his way or no way. I cried. Seven weeks after writing those words, David was dead. What did you think had happened to your dad?
48 Hours
The Black Widow
Every haircut, every styling in the middle chair at this Knoxville barbershop reminds Cindy Wilkerson of her father, David Leith. It's the same chair he used for 39 years.
48 Hours
The Black Widow
Cindy inherited the chair in 2000 when her father suddenly retired at the age of 54. What he kept secret were all those visits to the neurologist. If he was suicidal over dementia, Cindy never saw it. When Raynella said your dad committed suicide, did you initially think, well, Well, maybe he did, but it's just hard to believe.
48 Hours
The Black Widow
And Cindy questioned why her right-handed father would have used his left hand to shoot himself above his left eye. He was totally blind out of that eye. As her doubts soared, so did her suspicions about her stepmother's role. And she wasn't alone. Within 24 hours, Dr. Dorinka Milucnik, the Knox County medical examiner, discounted Raynella's claim of suicide and ruled David Lee's death a homicide.
48 Hours
The Black Widow
Raynella became the focus of attention. It was clear to David's family what should happen next.
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Remember, Ranella was the widow of a district attorney general. Crime writer and 48 Hours consultant Diane Fanning says that was the problem.
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finding an outside prosecutor to take the Leith case dragged on. Making things more difficult, no one could figure out the motive.
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With the criminal case stalled, in March 2006, Cindy filed a civil suit against Raynella to stop her from inheriting David's estate. Prosecutors took notice. Three and a half years after David Lee's death, Brinella was charged with his murder. And that's when old suspicions surfaced about the death of her first husband. Ed Dossett had been found in a field in July 1992, surrounded by his cattle.
48 Hours
The Black Widow
He had apparently been trampled to death. Did anyone wonder about how Ed Dossett died?
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What's more, folks wondered how Ed, weak with cancer and heavily medicated, even managed to get all the way from his house to the cattle.
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The Black Widow
Diane Fanning says there had been a theory going around Solway that Dossett's death was actually about insurance. Raynella and the kids would get a bigger payout if it was an accident instead of cancer. It might have even been Ed Dossett's idea himself. Couldn't it have been?