A grandmother caring for her grandchildren, a young girl in love with a boy, a mother protecting her son – are all consumed with intense love. But when that love is threatened, they find it too much to bear and take measures into their own hands. -Deadly Possession, Deadly Women (S5, E10)
Editor’s note: With a cable subscription, you can download the free ID Go app and watch Investigation Discovery programming at your convenience. And for those who do not have cable, you can watch “unlocked” episodes on the ID Go app including the latest premieres. For those who prefer commercial free programming during your binge session, Prime Video has an ID channel: ‘True Crime Files by Investigation Discovery” available for $3.99 a month. It’s a compilation of older seasons but totally worth the cost if you are a true crime addict. Download the ID Go app or purchase ID True Crime Files & binge away.
Air Force spouse Kathryn Eastburn was found brutally raped and murdered on May 9, 1985 in her Fayetteville, North Carolina home. Two of her three children, Cara and Erin, were also murdered in the same vicious way. All three were stabbed and their throats were slashed. Kathryn and her three children were home alone while Gary Eastburn was on temporary duty at Maxwell Air Force Base in Alabama. The youngest daughter Jana was found dehydrated but otherwise unharmed. The crime occurred six miles from the location of where Jeffrey MacDonald was accused of killing his wife and two children at Fort Bragg. Army Sergeant Timothy Hennis was a suspect from the beginning because he had visited the Eastburn home a couple days earlier to buy the family dog.
Kathryn placed a dog for sale ad in the local post paper. Investigators sent out a press release looking for the person who bought the dog. In the meantime, a neighbor reported seeing someone leaving the Eastburn residence at the time in question. The neighbor provided details for a composite drawing; the suspect drove a white Chevy Chevette. At the urging of his wife, Hennis contacted the police station and investigators were stunned at how much he looked like the composite drawing. He also drove a white Chevy Chevette. In a background check, they found that Hennis had three convictions for writing bad checks. This was significant because the perpetrator stole Kathryn’s ATM card and used it on one occasion. Another witness identified Hennis as the person who used the ATM at the time in question.
In 1986, the State of North Carolina tried Hennis for the triple murders. Hennis was found guilty and sentenced to death. But he appealed and was found not guilty in the second death penalty trial. After his ‘exoneration’ Hennis was the subject of a book and an ABC made for television movie “Innocent Victims”. Meanwhile, against lawyers advice, Hennis enlisted in the Army again for two more tours, worked his way up to E-8, and retired as a MSG outside of Fort Lewis, Washington. Cold case investigators took a second look at the cold case and because of the advances in DNA technology, they retrieved a vaginal swab from the rape kit test and submitted it to the lab. DNA evidence linked Timothy Hennis to Kathryn Eastburn.The State of North Carolina prosecutors could not charge Hennis a third time because he was found ‘not guilty’ of the triple homicides in the second death penalty trial.
The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: “[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb…” [wikipedia]. The civilians couldn’t try him in State court but the Army could because of federal jurisdiction; Hennis was an Army retiree therefore still under their jurisdiction. As a result, Hennis was activated and order to report to Fort Bragg for his third death penalty trial. The defense attempted to justify the DNA match to consensual sex but it contradicted his original testimony. The defense also called into question the ethics of the lab who made the DNA match. A military jury found Timothy Hennis guilty of three counts of murder and sentenced him to death. He awaits his execution date at Fort Leavenworth in Kansas.
Source: Unusual Suspects ‘Mother’s Day Murders’
In 1985, a young military wife and two of her three little girls are viciously murdered in their home. In a twisted case filled with unusual suspects, the man who gets convicted goes free. But nothing is what it seems. -Discovery ID
Investigation Discovery’s show Forbidden: Dying for Love aired an episode titled ‘An Officer, Not a Gentleman’ which featured the story of Navy Master Chief Petty Officer John Bench. Bench first killed his son and then attempted to kill his wife Agnus and their daughter on August 30, 2009 at Sasebo Naval Base in Japan. After the attacks, he then made a run for it and left the base traveling on his motorcycle. On that ride, John Bench slammed directly into the path of an oncoming truck and was killed instantly. NCIS was assigned to the case and discovered the crime scene. As a result they were able to get care for John’s wife and daughter who survived the brutal attack. Once Travis Tritten of Stars and Stripes discovered John Bench was involved in a homicide investigation in the Philippines, he did some digging because he knew this was no coincidence. The story he uncovers leads the Philippines police to another killer.
The Philippines is a key site for military and home to about 12 million citizens. Lilibeth Eniceo, 29, lived in the Philippines with her parents where she shared a room with her five children. Every day was a struggle for survival. A series of men let Lilibeth down but she continued to have hopes for a relationship. Ultimately, she was looking for love and stability for her family. Then one day in January 2007, she got a friend request from a Navy man named John Bench. He was a completely different kind of man than most. And he was the highest enlisted rank one could be in the Navy, therefore highly successful. But John was stationed thousands of miles away in Japan. Regardless, John continued to woo her and they stayed in constant contact; an internet romance grew very quickly.
Months later, John told Lilibeth his ship was traveling to the Philippines and he wanted to meet her in person. So Lilibeth traveled 100 miles to Subic Bay to meet John where his ship was at port. She was so excited to be meeting her prince charming for the first time. Lilibeth was upfront about her children from the beginning so John knew what he was getting into. John had no problems with her family and let her know he was committed to all of them. During the visit, John told Lilibeth he was divorced with two kids and free to pursue a relationship. John purposefully made her think that they had a future together. Lilibeth was happy and overwhelmed that she found a man like John Bench. It felt like they knew each other for years. Before John went back to Japan, he assured Lilibeth he would send money to support her and her family.
After years of despair and heart break, John Bench gained Lilibeth’s trust but he was keeping a secret too. John was still married with two children and they all lived on Sasebo Naval Base in Japan. John was married to Agnus, also a native of the Philippines, and they had two children: Anthony, 10, and Angelica, 15. But John was deeply unhappy in his marriage. And the success he worked so hard for would be destroyed in a divorce. John didn’t want to lose half of his military pension. Although, John was obviously not thinking clearly when he decided to have an affair because adultery is a crime in the military. John took a big risk when he started sending money to Lilibeth regularly. John felt trapped in a life he didn’t like and wanted to be free of it. He took a big gamble with his career because if caught he could lose everything. But no one could imagine the plot he was scheming.
Lilibeth and John had fallen madly in love but they had to keep it a secret. A year or so after they met, Lilibeth and John had another rendezvous but this time she introduced him to her children. John appeared to be the ideal family man because he was loving and very good with the children. They had a great visit. Right before he left, John informed Lilibeth he couldn’t give her anymore money because most of his money went towards alimony he was forced to pay after the divorce. John made it appear to Lilibeth that his ‘ex-wife’ was endangering their relationship and standing in the way of their future. He was point blank and didn’t mince words. He said he wanted to kill his wife. Because Lilibeth was blinded by her dreams of getting everything she ever wanted, she asked him what he wanted her to do. John asked her to find a hitman in the Philippines and then he returned to Japan.
Lilibeth was nervous and never thought she would be involved in an assassination plot. But she found someone to kill John’s wife. The hit would cost $1,250 with a downpayment of $700. John called Lilibeth to let her know when his wife was going to be in the Philippines visiting her family. This was the first opportunity they had to make their move. Lilibeth and the hitman lied in wait outside Agnus’ hotel and after she appeared, Lilibeth aborted the plan because her mother instincts kicked in. Agnus was exiting her hotel with her daughter. Lilibeth couldn’t imagine killing a mother in front of her daughter. Lilibeth told John she couldn’t do it and he was furious that his orders were not carried out. He eventually apologized for getting angry at her. The vulnerable Lilibeth forgave him and continued to remain under his spell.
In February 2009, John returned to the Philippines for another visit. Lilibeth still saw a relationship happening and the perfect life with John. She wanted security for her family so badly. On this visit, John asked Lilibeth to marry him and of course she said yes. She was so excited because this was a fairy tale turning into reality. But unfortunately this reality was built on lies. John was not divorced yet told Lilibeth that because he was paying alimony to his ‘ex-wife’, he would have to support two families and things would be tough. Lilibeth told him she didn’t care about the money as long as they were together and happy. But John continued to pressure her and this time he wanted her to find someone to kill his ‘ex-wife’ and the two children. Lilibeth wanted no part in this plan because to her it was unthinkable that someone would consider murdering their own children.
The cold hard truth is if John Bench was capable of committing these crimes, Lilibeth was one of his victims too. She desperately hoped John would abandon the evil plan. He told her his family didn’t care about him or love him. He made himself out to be the victim. She was torn because she would be letting go of a future with security if she said no, so she agreed to take part in the plot to kill his family. Lilibeth found another hitman and this time tried to limit her involvement by having John speak directly to him. John and Lilibeth met with the hitman and John told him how he wanted the plan to go down. He told the hitman he wanted him to carjack his family and then kill them. John assured Lilibeth afterwards they would finally be together.
The whole idea behind the plot was that this would be a failed robbery attempt and John would miraculously be the lone survivor. But again Lilibeth was having a hard time coping with the reality of the situation. She knew that a family was going to be murdered. The hitman waited at a pre-determined location and pulled the taxi over at gunpoint. He jumped in, demanded they drive to a remote location, and then told them all to get out of the car. He killed the taxi-cab driver first. Then he hesitated and called Lilibeth to tell her he was going to kill them. She told him she didn’t want to know anything. While the hitman was distracted, Agnus lunged at him and fought back in an attempt to get the gun. John hesitated to help her because he had been waiting so long for this plan to unfold so he could be free. John finally acted because otherwise he risked his wife finding out about his murderous plan.
The Bench family was taken to the local police department to give a statement. John Bench was quietly concerned about the hitman being on the run. He knew if he was caught and the plan was made public, it would ruin him. Ruby Ramores was also looking for answers as her brother was the taxi-cab driver who was murdered. She wanted justice for her brother; he was a father of three children and was just trying to make a living. John appeared to want to brush the whole incident under the rug. He denied hesitating to assist Agnus and boldly stated that he was simply waiting for the right opportunity. He then told the police he was tired and leaving so his family could go back to Japan. Ruby read the police reports and questioned why John was hesitant to help his family especially since he had the training to do so. Ruby wasn’t going to let this case go cold.
John kept a very low profile the weeks following the incident and stopped sending Lilibeth any money. Then after months of silence, John called Lilibeth out of the blue. He told her he missed her, wanted to be with her, and apologized for his actions. She eventually relented and forgave him. John told her they would be together soon. But once again, John was lying. After this call to Lilibeth, John unraveled and took matters into his own hands. First he savagely beat and murdered his son. Then he bludgened his wife and daughter with a baseball bat and left them for dead. Afterwards, he fled the scene on his motorcycle. Everything in John’s life was on the line and there was no coming back from this. So John gunned his engine and slammed directly into the path of an oncoming truck. He was killed instantly.
When Japanese authorities realized John was in the Navy, Naval Criminal Investigation Services (NCIS) took over. As a result, they went to John’s home and discovered the crime scene. They were able to save both Agnus and her daughter’s life. Once the news was reported, Travis Tritten of Stars and Stripes began looking into the case. He learned that John Bench was also involved in a homicide case in the Philippines. He suspected something wasn’t right and John’s involvement in the homicide in the Philippines was not coincidental. Travis found out that John Bench was having an affair so he contacted Lilibeth. She opened up to him about the details of the relationship and the various plots to kill John’s family. Lilibeth also gave him the name of the hitman who killed Ruby’s brother. The hitman was charged and imprisoned for the homicide. Ruby opted not to press charges against Lilibeth because she empathized with her and her children. Everyone involved was a victim of John Bench. He used a victimhood narrative to justify his evil intentions and manipulated others to do his dirty work for him. He is the definition of a sneaky sociopath.
I made a mistake. If I have to pay for it, I will pay for it…I was in love with a monster. -Lilibeth Eniceo
ID Go: A Filipino woman falls for a married US Navy Officer who will do anything to keep his mistress and his money. -An Officer, Not a Gentleman, Forbidden: Dying for Love
Editor’s note: With a cable subscription, you can download the free ID Go app and watch all of the Investigation Discovery programming at your convenience. And for those who do not have cable, you can watch “unlocked” episodes on the ID Go app including the latest premieres. Download the ID Go app and binge away. For those who prefer commercial free programming during your binge session, Prime Video has an ID channel: ‘True Crime Files by Investigation Discovery” available for $2.99 a month. It’s a compilation of older seasons but totally worth the cost if you are a true crime addict.
Rebecca Hart came home to what she thought was a suspected robbery in progress on June 2, 2009. She called the police and what they discovered was that her husband, retired Army recruiter Gilbert ‘Gib’ Hart was dead. He had been shot once in the head but they found no gun located near him. An no cash or other valuables had been stolen from the home. Investigators quickly learned from a couple of local teenagers that Gib’s children, Becca and Alex, were involved in the crime. They discovered that the children had been looking for someone to kill their father for a few months. And they finally found someone willing to do it for them: John Patrick ‘JP’ George. Fifteen year old JP George was easily manipulated after learning that Gilbert abused Becca and Alex. JP had a mother who was a victim of domestic violence so he didn’t want anyone to go through abuse. Unfortunately for him, there was no abuse. Gilbert may have been controlling of the finances and the way he ran his house but he was no abuser. JP admitted to committing the crime and being hired by Becca and Alex to do it. They also gave him the gun of which he threw in the Savannah Lake after killing Gib. All three kids cracked when questioned by the police and eventually they gave up the real mastermind. Apparently Rebecca Hart asked her children to find someone to kill their father. She offered to pay someone $200 to kill Gilbert Hart so she could be out from under his control and have his cash, life insurance, and military death benefits. On the night of the crime, Rebecca also gave her son the code to the safe so he could gain access to the gun that would end Gib’s life. Rebecca Hart, Becca Hart, Alex Hart, and JP George all received fifteen years in prison for conspiracy to commit murder. Gib’s children from another marriage reiterated that their father was never abusive towards them and that his new wife and children did not deserve to use the Hart name.
ID Go: A former military man, Gilbert Hart believes a strict parenting style is the best approach with his rebellious teenagers, but his wife Rebecca thinks that he’s crossed the line. It isn’t long before, this family feud escalates into an all-out war… -Hart of Darkness, I’d Kill for You (S3,E4)
Editor’s note: With a cable subscription, you can download the free ID Go app and watch all of the Investigation Discovery programming at your convenience. And for those who do not have cable, you can watch “unlocked” episodes on the ID Go app including the latest premieres. Download the ID Go app and binge away. For those who prefer commercial free programming during your binge session, Prime Video has an ID channel: ‘True Crime Files by Investigation Discovery” available for $2.99 a month. It’s a compilation of older seasons but totally worth the cost if you are a true crime addict.
Critics say the military needs to do more about domestic violence against women. A CBS News investigation found more than 25,000 women have been victimized over the past decade. Katie Couric reports. -CBS
Dark Secrets are the stock-in-trade of Deadly Women (S2,E4)
Editor’s note: With a cable subscription, you can download the free ID Go app and watch Investigation Discovery programming at your convenience. And for those who do not have cable, you can watch “unlocked” episodes on the ID Go app including the latest premieres. For those who prefer commercial free programming during your binge session, Prime Video has an ID channel: ‘True Crime Files by Investigation Discovery” available for $3.99 a month. It’s a compilation of older seasons but totally worth the cost if you are a true crime addict. Download the ID Go app or purchase ID True Crime Files & binge away.
The Oversight Subcommittee on National Security and Foreign Affairs holds a hearing, “Sexual Assault in the Military.” Here Subcommittee Chairman John Tierney gives opening remarks. -Nancy Pelosi
The Oversight Subcommittee on National Security and Foreign Affairs holds a hearing, “Sexual Assault in the Military.” Panel one is Reps. Louise Slaughter (NY-28) and Jane Harman (CA-36). -Nancy Pelosi
The Oversight Subcommittee on National Security and Foreign Affairs holds a hearing, “Sexual Assault in the Military.” Panel one is Reps. Louise Slaughter (NY-28) and Jane Harman (CA-36). -Nancy Pelosi
The Oversight Subcommittee on National Security and Foreign Affairs holds a hearing, “Sexual Assault in the Military.” Panel two is Ingrid Torres, MSW, CSW and Mary Lauterbach, Mother of Lance Cpl. Maria Lauterbach. -Nancy Pelosi
The Oversight Subcommittee on National Security and Foreign Affairs holds a hearing, “Sexual Assault in the Military.” Panel two is Ingrid Torres, MSW, CSW and Mary Lauterbach, Mother of Lance Cpl. Maria Lauterbach. -Nancy Pelosi
The Oversight Subcommittee on National Security and Foreign Affairs holds a hearing, “Sexual Assault in the Military.” Panel three includes representatives of the Defense Department, the Army, and the GAO. -Nancy Pelosi
The Other PTSD – Sexual Abuse of Women in the Military -NBC Nightly News with Brian Williams (May 4, 2007)
Congress takes on the Department of Defense in the first oversight hearing held this year by the subcommittee on National Security and Foreign Affairs on sexual assault in the military. Some House members are accusing the DOD of a cover up. -American News Project (August 2, 2008)
According to recent GAO survey, a female soldier is more likely to be raped by a fellow soldier than die by enemy fire in Iraq. David Martin reports on this startling increase. -CBS Evening News (October 28, 2008)
MST: Military Sexual Trauma -CBS Evening News (October 28, 2008)
Katie Couric investigates an alarming trend in the U.S. military, as more and more female soldiers have come forward with tales of sexual abuse at the hands of male soldiers and superior officers. -CBS News (March 17, 2009)
Women and men from all branches of the US military spoke out in Washington Tuesday about sexual assault in the ranks. They were all military sexual assault survivors — appearing at a summit held to call attention to the issue. The US military has announced new efforts to combat these crimes. VOA’s Carolyn Presutti brings us the issue through the eyes of two women, both survivors of alleged sexual attacks. -VOA News (May 8, 2012)
DAYTON – The military is fighting another battle, an “invisible war” on sexual assault. Today, Congressman Mike Turner talked about an award-winning documentary that sheds light on that very topic. -WKEF/WRGT (September 5, 2012)
New provisions handed down from the Department of Defense are giving sexual assault victims in the military rights they never had before.It’s all thanks to the fight from Congressman Mike Turner and a local mother. -WKEF/WRGT (August 15, 2013)
A major hurdle cleared for sexual assault victims in the military.Congress passed a bill that would give victims rights and protection they never had before.The push came after the tragic murder of local marine Maria Lauterbach and her unborn son.Maria’s mother, Mary, was thrilled when she heard the news that the bill had passed the Senate. -WKEFandWRGT (December 20, 2013)
Sexual assault in the military is being reported more and more everyday.But our military is now learning how to protect themselves and teaching civilians the same thing. -WKEF/WRGT (March 10, 2014)
DAYTON — Today, Congressman Michael Turner (R-OH), Chairman of the House Armed Services Subcommittee on Tactical Air and Land Forces, hosted Congresswoman Niki Tsongas (D-MA), at Wright-Patterson Air Force Base. Turner says he and Tsongas have worked together since 2007 to eliminate sexual assault from the U.S. military. Bother co-chair the Military Sexual Assault Prevention Caucus. -WKEF/WRGT (September 9, 2014)
It is Sexual Assault Awareness Month and Congressman Mike Turner was in town to talk about ways to cut down on sex assault in the military. Turner led a meeting with top brass from Wright-Patterson Air Force Base and Wright State University in hopes of continuing open conversations about the issue. The objective is to educate everyone on how to prevent sexual assaults from happening in the first place. -WKEF/WRGT (April 21, 2015)
Law protecting military victims of sexual assault discussed -WDTN TV (May 1, 2018)
Congressman Mike Turner changed the laws to make women serving in the military safer. -Mike Turner (August 20, 2018)
Preview: The Ballad of Billi-Jo, True Crime with Aphrodite Jones (S4,E9)
On May 29, 2007, Billi Jo and Wayne Smallwood experienced a fire in their Fort Campbell, Kentucky home. They had three children living with them at the time of the fire: Sam, Rebekah, and Nevaeh. The neighbors ran outside to see what was going on only to find a chaotic scene. Wayne was on the ground with a broken ankle and Billi Jo was still on the roof attempting to escape the smoke and fire and screaming for help; she was holding her 14 month old Nevaeh. After passing the child down to firefighters, Billi Jo was reluctant to get off the roof because her other children were still in the home. Firefighters entered the burning home and found Rebekah but she was already dead and Sam was still alive when they carried him out of the house but he wasn’t stable enough to fly to the burn unit in Nashville. He died of his injuries at the local hospital. Billi Jo was airlifted to a Nashville hospital with second and third degree burns on her legs and one of her arms. Wayne arrived later in Nashville with a shattered ankle.
Before the fire, Wayne and Billi Jo had a pretty normal life. Wayne returned from his first deployment to Iraq nine months earlier. Like most military families, the Smallwood family struggled with their finances and the stresses of military life too. Both Billi Jo and Wayne had children from other relationships. Rebekah and Sam were Billi Jo’s kids and they stayed with her and Wayne’s son Cote lived with his mother. And just over a year before the fire, the couple had their own baby together: Nevaeh. Local authorities brought in federal authorities to investigate the burned out home. They found that one of the smoke detectors had been taken down and placed on a baby highchair. ATF also found a partly burned spout on a gasoline can. They brought in a working dog and the dog discovered an accelerant; the ATF believed gas had been used to start the fire and this was arson. They also found the Smallwood’s car had been vandalized, all the tires had been slashed, and someone left a threatening note keyed on the car.
Investigators interviewed Billi Jo and Wayne Smallwood in the hospital. Billi Jo told them earlier in the day they had driven back from Georgia after visiting Wayne’s family. On this day, Wayne was being especially nice to Sam which was atypical because he was usually pretty hard on him. According to Billi Jo, when they returned home, Wayne took the last of the cash and headed down to a bar on base to drink with his friends; the couple struggled financially. Billi Jo claims that while Wayne was gone, a man called the house threatening to harm Wayne. Billi Jo called the military police to report the threatening phone call, then she called Wayne at the bar. Instead of rushing home to check on his family, Wayne stayed at the bar. The MP’s checked in with Billi Jo but they told her soldier’s quite often played pranks on one another. Eventually, Billi Jo fell asleep with Nevaeh and Wayne fell asleep with Rebekah. When Billi Jo realized the house was on fire, she grabbed Nevaeh so they could get to safety yet Wayne jumped from the second story floor without any of the children.
ATF Agents interviewed the Smallwood’s small circle of family and friends to see if they could find anyone who had a reason to commit this crime. They learned that Wayne was embroiled in a contentious custody battle with his ex-wife. According to Billi Jo, Wayne had recently met with his ex-wife about their son and it lead to an argument; the two fought often. In the meantime, arson investigators determined that because all the locks were engaged downstairs, someone from inside the house had to have started the fire. Agents scrutinized both Billi Jo and Wayne looking for any inconsistencies. Billi Jo told them she went to Wal-Mart earlier in the evening to pick up some items for the baby but when they checked surveillance footage, there was no sign of Billi Jo at the Wal-Mart. When investigators questioned her about the inconsistency, she told them that it was a K-Mart, not Wal-Mart. The second time Billi Jo told the investigators what she bought, it included a gas can. This was a disturbing revelation but Billi Jo’s explanation was simple: military members are fined if they don’t mow the grass.
Samuel Fagan (9)
Rebekah Smallwood (2)
Prosecutors wanted to prove that Billi Jo torched her home on base in an effort to kill her husband Wayne and collect the $400,000 life insurance pay-out. When constructing their arguments, they noted that the Smallwood’s already had a couple gas cans in the back yard therefore Billi Jo didn’t need to purchase another one. Billi Jo said she forgot to bring a gas can with her when she ran errands and it was easier to just buy another one. ATF Agents visited K-Mart and learned that BJ had in fact visited the store that day. They also learned that the the nozzle on the gas can she bought matched the one found in the fire. And although Billi Jo said she needed to mow the grass, it had not been mowed that day. Federal investigators suspected someone who lived in the house started the fire so they interviewed Wayne and gave him a polygraph; he passed. In a separate interview, Billi Jo admitted she saw blue flames and this was a moment of revelation for the investigators because you are only going to see blue flame when the fire is first lit.
Billi Jo and Wayne argued a lot and Billi Jo testified that Wayne had a violent side too. Billi Jo admitted to confronting Wayne numerous times about his inability to manage money; Wayne’s gambling caused problems too. Investigators theorized Billi Jo had enough of Wayne and this was her motive. On the same night as the fire, the Smallwood’s were overdrawn on their bank account and Wayne had spent the last of their money on alcohol. If Wayne died in the fire, Billi Jo would receive $400,000. Hoping to find out who made the threatening phone calls, prosecutors subpoenaed the telephone records and found no threatening call had been made. Billi Jo says there was a phone call but the phone company said their records are almost 99% accurate. Prosecutors believe everything that comes out of Billi Jo’s mouth is a lie. Billi Jo’s injuries to the legs and one arm were also suspicious. They believed these burns were caused when a fire was ignited in front of her; they believe she was kneeling when she lit the fire.
In preparation for trial, the remains of the Smallwood’s home were removed and taken to a crime lab. It was at this time that forensic experts found overlooked evidence. They determined that the dining room window had been up about 6-8 inches at the time of the fire. This information damaged the prosecution’s theory to an extent because Billi-Jo believed a stranger entered the home and started the fire. The investigators believed either Wayne or Billi Jo started the fire because the house was locked up. Prosecutors moved forward with Billi Jo as their prime suspect because of her connection to a gas can and a financial motive to kill her husband. The prosecution took a look at the intruder theory and couldn’t understand how an adult got through the window and didn’t break or knock anything over. Investigators deduced it was highly unlikely that an intruder would enter the home and not alert the family dog.
Six months after the fire, Billi Jo reported that Wayne was acting erratically and in November 2007, he attacked Billi Jo with a knife. He was convicted of assault and spent eleven months in jail. Billi Jo and Nevaeh move to Georgia with her mother. Two weeks after Wayne was released from jail, Billi Jo was arrested for setting the fire that killed her two children Sam and Rebekah. Five years after the fire that killed Sam and Rebekah, Billi Jo went to trial. The prosecution claimed Billi Jo’s motive was to kill her husband for the life insurance money but the plan backfired and she accidentally killed two of her children. In court, the defense attacked the prosecution’s circumstantial evidence but the jury wasn’t buying it. Billi Jo Smallwood was found guilty and sentenced to twenty-five years in federal prison. Billi Jo’s mother believes she is innocent and that someone out there knows something.
Source: The Ballad of Billi-Jo, True Crime with Aphrodite Jones
Investigation Discovery:
ID Go: When a house fire takes the lives of Wayne and Billi Jo Smallwood’s two young children, everyone on the Fort Campbell military base is grief-stricken for them. But when it turns out the fire was intentionally set – grief turns to outrage. -The Ballad of Billi-Jo, True Crime with Aphrodite Jones (S4,E9)
Editor’s note: With a cable subscription, you can download the free ID Go app and watch all of the Investigation Discovery programming at your convenience. And for those who do not have cable, you can watch “unlocked” episodes on the ID Go app including the latest premieres. Download the ID Go app and binge away. For those who prefer commercial free programming during your binge session, Prime Video has an ID channel: ‘True Crime Files by Investigation Discovery” available for $2.99 a month. It’s a compilation of older seasons but totally worth the cost if you are a true crime addict.
Pvt. John Bennett is the Only U.S. Soldier Executed for Rape in Peacetime. He Was Mentally Troubled and Black. Six White Murderers Were Also on Military Death Row. They Were Spared.
Richard A. Serrano is a Staff Writer in The Times’ Washington, bureau. He last wrote for the magazine about the bombing of the Oklahoma, City federal building, which was also the subject of his book, “One of, Ours,” published in 1998 by W.W. Norton
“Rain always frightened him, and on the night he was hanged in a military prison in Kansas, a rolling prairie thunderstorm was kicking up outside. That was four decades ago. Pvt. John Bennett had just turned 26. He went to his death perhaps more terrified of the thunder and lightning than of the gaunt hangman waiting upon the gallows.
News of the hanging scarcely made the papers. Executions then, like today, were commonplace, so much so that his story has never been told. But he is the last member of the U.S. Armed Forces to be executed. And he is the only serviceman hanged for rape during peacetime.
America is once again examining the death penalty, spurred by the most damning evidence in history that innocents have been sentenced to die. Advances in DNA testing and other revelations have overturned scores of death sentences in recent years, raising fresh doubts about American criminal justice, especially for minorities, who make up the majority of death row prisoners.
As a result, the death penalty issue looms larger in presidential politics than it has for a generation. Both major party candidates favor death sentencing, and Republican nominee George W. Bush has given it special emphasis. He expresses confidence in his state’s handling of capital cases and says that not one innocent man has been executed on his watch as governor of Texas.
The issue also has landed in the Oval Office, where President Clinton delayed by four months the federal government’s first scheduled execution since 1963. Juan Raul Garza will now have until Dec. 12–a date notably after the presidential election–to seek clemency. Garza’s attorneys say they will argue that the criminal justice system discriminates against minorities.
Amid the chatter, national opinion polls have found that while most Americans still favor death sentencing, the support is diminishing. Even its proponents question the role that race, mental illness, poverty, politics and the quality of legal representation play in death penalty cases. All those factors were present on that stormy night in April 1961 inside the U.S. Disciplinary Barracks at Ft. Leavenworth. Was the system broken back then? Has it been fixed since?“
Read more from Richard A. Serrano (LA Times) here or here and check out Serrano’s book ‘Summoned at Midnight: A Story of Race and the Last Military Executions at Fort Leavenworth’here.
MILITARY JUSTICE FOR ALL 