20/20 - What The Little Girl Saw

Episode Date: February 7, 2026

A hockey player, a brutal murder and a shocking witness – the victim’s young daughter. Learn more about your ad choices. Visit podcastchoices.com/adchoices...

Transcript
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Starting point is 00:00:01 We don't tell people we love them often enough. And if you learn anything from this, you don't know how much day you have, ever, ever. Help me, help me, my wife, she's dead. So tell me about that night, September 28, 2015. You were on duty. Yeah, it was on duty. In route up there, I just had a gut feeling something was wrong. So you weren't really prepared for what you were about to find? No.
Starting point is 00:00:35 Okay, where's she at? Who? Who? Who? Okay. One day you wake up and the music steps and then their hugs pulled out. And these poor kids went to bed and woke up and they had lost everything. I got a female mid-30s, early 40s.
Starting point is 00:00:58 Her face is completely beaten in. She definitely fought for her life and her children's life. She fought to her last boyfriend. last breath to save their life. Family and friends are mourning the loss of the mother of two. My daughter said there was a robber in the house and she saw them. And she said she saw the man kill mommy. He came in. When in my mom's dream started hitting her. She had seen her mother killed. Beaten to death. Everyone says the same thing. This can happen to my town. This could happen to me. Well, yes, yes it can.
Starting point is 00:01:36 In the southern tier of New York, we board around Pennsylvania. It's kind of a rural area. We have the finger legs here. When you look at them on a map, it looks like someone placed their hand on the topography of this area and pressed them in and that's what was left was the lakes. Summertime is a very big tourist area. We got a lot of people to come through and stay at the lake. Also hit our wineries.
Starting point is 00:02:22 When the weather gets cold and the days get shorter, There's a little less to do outdoors and I think when the Jackals arrived in 2000 it really gave the community, the town, something to rally around on those winter nights. Jackals played in the United Hockey League are about two steps below the NHL. They were superstars. Everybody was in awe over these guys. Agitator Award goes to Tom Clayton. Clayton coming back at him.
Starting point is 00:02:57 I'd say Tom Clayton was a local celebrity. Tom was chippy, aggressive. His job was to go out there and instigate trouble. He would, you know, slash other players. He would just try to get them agitated to the point where they would draw a penalty. Get one of their top guys off the ice for two minutes, five minutes, you know, it's a job done. Guys want to fight someone. Just like when you're a little kid, and you get so mad, you just want to fight, you know?
Starting point is 00:03:24 Clayton is most certainly one of the Jackal's biggest antagonizers, on and off the ice. You might remember a certain shaving treatment today. Oh, who was that Clayton? Yes. Oh. Tom's personality off the rink was the exact same. He was aggressive.
Starting point is 00:03:41 He was sure of himself. He and some other jackals were at a bar. And he got up on a bar and he stripped down to nothing and danced in front of the bar. There was kind of a scuffle that ensued over some of those clothes that went missing. Some punches were thrown. I think definitely it was an embarrassing moment for the team.
Starting point is 00:03:59 Then they would say, oh, that's just Thomas. When he would walk into a bar, what was that like? He would have a harem of girls following him. I mean, he didn't have to buy a drink anywhere he went. He wouldn't have to pay for dinner. And one of the women who caught Tom Clayton's eye was Kelly Stage. She was my little sunshine. We actually lived West Almira.
Starting point is 00:04:33 My father was the fire chief there for many years. Kelly was definitely outgoing, spontaneous, sassy, definitely sassy. Didn't put up with anything. She loved music. We would drive around in the car when we would ride and listen to music and sing. As a young woman, Kelly loved hanging out with her friends and she loved country music. So they would often head to Nashville to party at the Country Music Awards Festival. She loved Luke Bryan.
Starting point is 00:05:16 It was unlike anything we had experienced, you know. We just lived it up for maybe a week. What were her hopes and dreams as a young woman? Well, she had initially gone to school to become a teacher, and she came home, and then she's like, I'm moving to Vegas. I don't want to be a teacher. We were all, we were all like, really? And they like packed their car, drove cross country, and she moved to Vegas.
Starting point is 00:05:47 She cocktail waitress. She also did a little bit of modeling out there. I have a picture of her. I love this where she has a 30-pound feather headdress on. And she absolutely was the girl who didn't want to have regrets. And I don't think she did. So she did that, and then she wound up back here. She came back here to visit for Christmas.
Starting point is 00:06:10 and we went to a Amira Jackal's hockey game, and that night is when she first saw Thomas Clayton. He got checked into the boards, and his helmet flies off, and my sister's like, holy cow, he was good looking. And she went out that night to a bar after the game with her best friend, Andy, He was sitting at the bar and I asked him, do you have a girlfriend?
Starting point is 00:06:43 And he said, who are you asking for? He said, not me. He said, the blonde? She's unbelievable. What was it about him that attracted such attention? He was smooth. We tried to make you feel like you were the most beautiful girl in the room. He was a good time, but sometimes took things too far.
Starting point is 00:07:06 I loved him as a brother. He just was, I hate to say, He was obnoxious and he loved to make people uncomfortable. He would say things that were inappropriate maybe in front of me, and I would often say to him, Thomas, I'm her mother, don't talk to me like that. And he'd think it was funny, and then everybody would just say, oh, that's Thomas.
Starting point is 00:07:29 She loved him and defended him and told everybody that that's just Tom. One year after Tom and Kelly married, Tom was injured, and his hockey career came to an end. We're not here for a long time, we're here for a good time, you know, and you can only play pro hockey for so long, and then you have to go to the real world and get a job, you know, work 9 to 5. After he retired from hockey, he started a remediation company. After a flood or something, they could come in and fix your home up.
Starting point is 00:07:58 Cleanup crews tell me that the work has really just begun. Clayton even made the local news with his new business after there was a disaster and his company was hired to do the cleaning up. cleaning up. And the houses are going to be demoed and back filled and there's going to be pretty vacant lots and the homeowners are going to decide whether they want to rebuild or not. He was soon in charge of running a Serb Pro franchise. The Fire and Water Cleanup Team at 1-800 Serb Pro like it never even happened.
Starting point is 00:08:25 Thomas was actually a fairly successful businessman. Another big change in their life, children. First came a little girl, they called Charlie, followed three years later by a boy named Cullen. She loved being a mom. She did everything for those kids. I thought they were an ideal family. They did everything together. Were they happy?
Starting point is 00:08:48 She was very happy, and as far as I knew, he was happy too. My sister truly, truly loved him. Were they doing well financially as a family? They had purchased a home that Kelly absolutely loved, and life appeared to be. be wonderful for Kelly, Tom, Charlie, and Cullen. But then one night, Tom Clayton comes home late from a poker game and makes a horrifying discovery.
Starting point is 00:09:22 Help me, help me, my wife is dead. The 911 call was pretty eerie. He had just found his wife. Is she breathing at all, nothing? No, trust me, trust me. Okay, is she be on CPR? Yes, yes. And what police did, come out of there with my kids, you'll see when they get here.
Starting point is 00:09:41 And what police did see when they arrived, shocked even veteran investigators. Oh, yeah. Help me, help me, my wife, she's dead. Hurry. We'll get help to you as quick as we can. So tell me about that night, September 28, 2015. You were on duty. Yep, it was on duty.
Starting point is 00:10:22 I'm patrolled. It was, I believe, a little after midnight when we got the call. Copy, too. to show you losing to the man road. What do you understand the call is about? The call came in as a woman down medical situation. How long has she been down? I don't know. I don't know. I just got home.
Starting point is 00:10:48 Deputy Sheriff Dean Swan drove me along the route to the crime scene. It was his new body camera that documented every minute that night. What's the location? Two, two. I'm on Whiskey Creek almost to get in now. What were you thinking? Something was wrong. I just had a gut feeling something was wrong. I was trying my red lights off.
Starting point is 00:11:10 Something close enough. And when you pulled up to the scene, what was the first thing you noticed? When I pulled up to the scene, I saw a gentleman at the front door. Now, this was the neighbor. This was the neighbor, yeah. How you doing? Hey. What's going on?
Starting point is 00:11:27 I'm just came. I'm the neighbor. Okay. He just came and got me out of bed. I could see he was visibly shaken. I could see there was something wrong. Okay. What happened, though?
Starting point is 00:11:36 His wife is in there. Okay. So I entered the home. Anybody else in the house, Tom? Just you? I got the kids up at the neighbor's house. Okay, where's she at? He's directed to the kitchen.
Starting point is 00:11:53 When he saw the scene, it must have taken him a back. Oh. Who? Oh, okay. The victim lay dead on the kitchen floor. Her head bashed in. She was hit with some kind of heavy object. Come out here.
Starting point is 00:12:07 I want you have a seat. You don't need to see that anymore, okay? It was gruesome. There was blood spatter pretty much everywhere. Tom, where were you when this all went down? Playing poker with my buddy.
Starting point is 00:12:21 Okay. She was home alone? I came home and my daughter said there was a robber in the house and she saw them. Okay, come on out here, man. So the officers brought him outside the house.
Starting point is 00:12:32 The trauma level of interviewing him in a house where his wife has been killed would just be too much. I get that water. Yeah. We'll get you a water. Take it easy, bud, take it easy. We were just trying to get him to sit down, and try to take some deep breath and try to calm down.
Starting point is 00:12:46 You're not in trouble, okay? I'm just gonna have you have a seat so we can talk to you. All right? He had checked his clothes and his hands. Let me see your hands real quick, man. You ain't hurt or anything? Okay, good, okay. For any sign of struggle or blood or any other evidence
Starting point is 00:13:02 that would indicate he was part of this and found none. Come talk to me over here for a second. The only one I had actually talked to after that was the neighbor. Mr. Almey was just off to the side with a look of complete shock. You say anything to you about? Anything?
Starting point is 00:13:19 Look, I was down to sleep. He knocked on the door. He asked my wife if we would take the kids. He said, there, come with me quick. I got in the truck and he flew back over. Okay. Is there any problems here? Have you ever seen any problems here?
Starting point is 00:13:34 I haven't. Okay. Officer Swan knew he had a crime scene. So the first thing he had to do was make sure there were no more suspects in the house and no one who could possibly be in danger or in distress. We got to clear this house. I'm going to go this way. Just cover me.
Starting point is 00:13:53 I'm going to go upstairs. I got to go up and clear it. So you got blood on the wall, blood on the steps. Looks like she was attacked in bed. Whenever you search a building, you just go from room to room, but you don't ever pass the door. I got to clear over here. The kids' rooms are over here.
Starting point is 00:14:07 This one's clear. Let me check this last room. Clear. There's blood all over. She's been dragged. Blood on the wall. Blood with a hole in the wall. Looks like a face plant into the wall. All right, I'm going to get a paramedic. Come in and verify. Nobody, I mean, nobody comes in unless you see me first or I get a supervisor here. Deputy Swan brings in a paramedic, but sadly, it's really just a formality at this point. You follow me and just stay. I'll show you where stuff is.
Starting point is 00:14:43 Try to stay to the right here a little bit. Her face is completely, yeah. Oh, my God. Yeah. Her face was basically destroyed. It was one of the more brutal scenes I've ever seen in my career. To know that there's a person out there capable of that that's not in custody. At that moment in time was all hands on deck, everyone involved.
Starting point is 00:15:07 We're going to need all investigators. Homicide. After soon after dialing 911, Tom Clayton had called Kelly's sister Kim. Kim, Kim. Kelly's dead. I said, what? I don't know. She's dead.
Starting point is 00:15:25 Somebody broke in. She's dead. Here they're coming. You have to stop them. Kelly's sister showed up very soon after we established a perimeter with Kelly's mom. It was all crime scene tape all over her whole. whole property. This was lit up like a Christmas tree. Sarge family coming. I remember running to the ambulance expecting to find
Starting point is 00:15:54 them working on my sister. She was very upset when she couldn't see her sister and I said no that she doesn't look like she did in life. You don't want to see her. I just remember hearing Kim screaming. I didn't know how she died, I didn't know what happened to her, I didn't know where she was. I just wanted to go to her. I wanted to hold to her. When the coroner's van left with the body, they asked if they could pray over the body as it was being loaded. We finally got to say a prayer for her and when they took her away.
Starting point is 00:16:50 As the night wears on, investigators are combing through everything. for evidence. No murder weapon turns up, but they do find suspicious tire tracks. They were really just investigating a robbery at that point. It was a robbery gone bad. I just want to make sure there's no force entry. Is this a random killing at a house in the middle of the woods? And they start digging. They don't have to dig too deeply to start getting some real answers. A tin's donut and coffee is the original And now any classic donut is a dollar when you buy any size original or dark roast coffee. Get a deal on the iconic duo with a Tins dollar donut plus tax at participating restaurants for limited time.
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Starting point is 00:18:34 Kelly Clayton was struck there. She jumped up. She ran down the hall first to her children's room. There's blood in the kid's room. You could tell that she had went to Charlie's room and actually we're pretty sure shut the door and tried to keep this intruder outside the children's room. She definitely fought for her life and her children's life.
Starting point is 00:18:58 Blood on the wall. Blood with a hole in the wall. Proof suggests that she was shoved down those stairs because her hip and buttocks area slammed into the side of the landing, leaving a hole. There's blood all over. She's been dragged. Then down the stairs through the kitchen, it looks like maybe she ran around the island in the kitchen. I mean, it was a long battle. And on the kitchen floor where he clubbed her to death, striking her in the face,
Starting point is 00:19:27 the last moments of her life are absolutely horrific. One theory is that the reason she went downstairs was to take the intruder away from the children. She fought to her last breath to save their life. Now police have got to figure out who that intruder is. They've already got one big lead based on something Tom Clayton had already told them. You said, came home and the kids were up and they said there was a robber in the house. When the police arrived, it didn't look like there was any forced entry. The side doors open that door, there's no forced entry on the door.
Starting point is 00:20:11 We checked the safe. We checked her jewelry. There was no sign of theft at all. You don't beat people to death if it's a robbery. Could you strike somebody? Could you shoot them? Sure. I think that was kind of the perspective was, okay, we have no evidence of a robbery.
Starting point is 00:20:29 So what do we have? As investigators dig deeper into that puzzle, Tom Clayton is out of the perspective. the house pacing back and forth nervously. Just take some deep breaths and stuff, just try to stay calm. You're a f***ing out. Well, sit down then. Come on over here, sit down. As the family members arrived, Thomas was up by one of the police cars. Was Tom distraught when you saw him?
Starting point is 00:20:54 How did he appear? All I remember is that his head was down in his hands. I couldn't hear him. I also couldn't get near him. I saw him sitting inside the crime scene. He did not acknowledge me. Here, their sister, their daughter, their friend, his wife is dead, and it didn't sit well, it didn't look right.
Starting point is 00:21:22 I'm wondering if he had optimistic whether she could see how her face had beat in. When you see that kind of damage especially to someone's face, it tends to lead you to a crime of passion. It tends to make you to make a crime of passion. tends to make you believe that it was someone that was known to the aggressor. Only thing I can think, he was domestic. She hit here, boom, gone. He's trying to cover it up now.
Starting point is 00:21:46 This had the earmarks of a domestic violent dispute. Thomas Clayton had an alibi. He said that he was at a poker game. He couldn't have possibly have committed this crime. Husbands claiming he was out playing poker. Came home, kid said, daddy, there was a robbery. And when Deputy Swan, questions neighbor Derek Almie for a second time he doesn't have anything suspicious to report
Starting point is 00:22:09 did you know these guys real well at all yeah we've been neighbors for a while okay you don't know of any troubles though between anybody here having her or somebody else in them or anything I really know he was really upset oh my god he was all okay did he have any blood on him that you saw when he first come over did he change his clothes ever when he were here with him Here? Yeah. No. No. Okay. And remember, Tom Clayton brought his two young children over to Derek Almey's house right after he made that 911 call. Charlie and Cullen stayed at Tommies while Derek went back to Clayton's house with Thomas Clayton. Collin was three, Charlie seven, and these poor
Starting point is 00:22:54 kids went to bed and woke up and they had lost everything. Life as they knew it was gone. In midst of this heinous crime, the world goes on. That morning before the community understood what had happened, the school bus shows up. I remember the school bus driving by when finally in the morning, and they were going to stop at the end of the driveway to get Charlie. And I remember all the little kids, like looking at the window, you know, looking for Charlie. But little Charlie is down the street and about to play a big role in this investigation. That's because it turns out she's the only I want to do.
Starting point is 00:23:33 witness to her mother's murder. She's daughter, sigh. Okay. We'll talk to him more here in a mother. Oh, my wife. Okay. Charlie had witnessed the entire brutal murder of her mother.
Starting point is 00:23:50 She had seen her mother killed. Yes. Beaten. Beaten. To death. She described Kelly's last breaths. A seven-year-old. Yes.
Starting point is 00:24:02 And now, Charlie. Charlie is sitting down with investigators about to tell them everything she saw. Can you tell me what he looked like? He was wearing jeans of black, long-sleeved shirt and a mask. And what Charlie tells them next immediately changes everything. I couldn't believe it. I would imagine the horror of hearing that one of your children was brutally beat to death, ever. Investigators are trying to piece together those last minutes of Kelly Clayton's life.
Starting point is 00:24:55 That's when the investigators took Mr. Clayton back to the State Police Barracks and painted posts and started interviewing him. He was visibly upset. He wasn't crying. He was just kind of excited. He said he had left work, went to a place for gymnastics, that he eventually went home. He was home briefly and then he went off to play poker. and that he discovered Kelly upon his return. Yeah, we asked him several times if he had killed his wife Kelly, and he absolutely denied any involvement at all in it. While they're talking to Clayton at the crime scene,
Starting point is 00:25:37 investigators are beginning to hear rumblings about possible eyewitness. And at the same time, Sheriff Allard is talking to Clayton's seven-year-old daughter Charlie at a neighbor's house. I walked in to the residents. and just kind of sat down and started talking to Charlie. And we just started a little chat, and I said, you know, what did you see? She told me that a man was hurting mommy,
Starting point is 00:26:06 and mommy was yelling, run, Charlie, run. In her room, she hears her mother yelling, run Charlie, run. Her mother actually got to her bedroom doorway and may have like actually taken a step inside. Charlie follows the fight. Charlie had told that she had seen somebody hitting her mother with what she described as a like a white stick. And she kept saying he did this and he did that. And so finally I said, how do you know it's a he?
Starting point is 00:26:44 And she said, his eyes look just like daddy's. Those three little words, eyes like daddy, opened a Pandora's box. And that had to have turned this investigation. for sure onto Thomas Clayton. That was a chilling moment for me. And I knew that at that moment in time, before we went any further, I needed some help in this interview. Definitely lots more boys.
Starting point is 00:27:16 Check this, you get to teach me how to tell time. Police do the best they can to make the space comfortable for the seven-year-old child. There are blocks in the room. Oh, Janeburn! Well, Charlie, do you know why we brought you here today? Okay. We're going to have to talk a little bit about last night.
Starting point is 00:27:37 Okay. Or if I ask a question that you're not certain about or that you don't understand. Can you let me know? Okay. All right. She's lost her mother. She's not with her father. So she's with some strangers at this point being interviewed. And you kind of got to treat this kind of witness, obviously, with kid gloves.
Starting point is 00:27:57 So one of the key factors that interview is. The key factors of interviewing children is that you have a professional child interviewer with you, because it's a real art. You know what a truth in a lie is. What's the truth? And it really happened in a lies that it didn't happen. Right, right. Very good.
Starting point is 00:28:19 You're so smart. 2020 obtained this video from authorities of Charlie's interview with investigators. She tells them that her dad put her to bed. and then left to go play cards with some of his friends. In the middle of night, this guy came in and started hitting my mom with this pipe thing. Okay. Can you tell me more about that? There was blood everywhere. Okay.
Starting point is 00:28:48 Oh. On my door, on the floor, not on the carpet, though. And I thought she was dead when she was lying on the ground. And Daddy was out of my car. We were basically all for like 20 minutes. Then he came home and he was like, oh, my God. Because he saw my mom on the floor with blood all over. Okay.
Starting point is 00:29:15 She appears not to really know what's happened to her mother. She appears detached. She's not emotionally straught. She's not crying. So here's a seven-year-old girl that's one of the most traumatic things you're ever going to see in your life. and she's a smart girl, super smart girl. And I think her mind was trying to work through it and figure out what did I just see.
Starting point is 00:29:39 Do you remember what the thing looked like that he was hitting on he went? A metal pipe. How did the rob or leave? The garage. And what did you see after that? She was sort of suffering. Okay.
Starting point is 00:29:55 Like capturing with the eye. And I helped her leg. Okay. All right. All right. And where was mom when you hugged? Lay down in the kitchen was water over. Okay.
Starting point is 00:30:14 My first thought, Charlie has the most beautiful blue eyes. The most beautiful eyes. And all I could think of was what those eyes saw. Could have been my dad, but he looked like my dad. How did he look like your dad? The mask. his shoes. Did anybody wear that mask before?
Starting point is 00:30:44 My dad. Did the robber say anything? The robber didn't say anything because what if it was my daddy, he could recognize his voice. Everything was just like daddy. And then she looks at me, she goes, but it couldn't have been daddy because then who would take care of us? After answering questions for Sheriff Allard, Charlie now has a heart-breaking one of her own. It's about my mom. Like, where is she at?
Starting point is 00:31:16 And she hasn't comprehended that her mother's dead, right? Then she wants to know where her mother is. Like, how is Monny? You know, we need to find that out for you. Okay. We'll find out for you, sweet. We'll find out for you, sweetie. We'll find that.
Starting point is 00:31:27 Okay. I said, I don't know, sweetie. I knew at that time, obviously. But she needed to be with family when she learned that. Not with police officers. No doubt, Charlie's statement is damning. But there's one little problem. When police talked to Thomas Clayton, he said he was at a poker game in a nearby town.
Starting point is 00:31:57 And when they looked into it... Tom sat here the last night that he played. His alibi was true. There was an eerie atmosphere because of this horrible, brutal, mysterious murder at the house in the middle of the woods. Family and friends are mourning the loss of the mother of two, while police, continue their investigation at the home. A lot of people were struggling to come to grips with this beautiful mother of two who was brutally murdered. Back in 2018, I spoke with one of the state police investigators who interviewed Thomas Clayton in the early morning hours after the murder.
Starting point is 00:32:49 Was his thinking this was a burglar? This was somehow a robbery? Correct. And the robber is the one that committed the murder. Did that seem consistent with what you were? have seen over the years with how a lot of robberies turn out? No, that was a brutal murder that was not a robbery. We were basically telling him that your daughter is pointing the finger that you, that you were the robber. Thomas said things during the course of the next hour or two that raised some red flags.
Starting point is 00:33:22 You're looking at the blood spatter. She was hit numerous times. You don't beat people to death if it's a robbery. perhaps maybe killing Kelly was the real goal. He just wasn't acting as a normal person would if they just discovered their wife brutally murdered. A little more composed. He was definitely calmer than I would say
Starting point is 00:33:42 a normal person would be. He wasn't agitated. Was he confused and wondering who could do this, why somebody would do this? He couldn't mention one suspect who might want to harm his wife or his family. And there was something else that raised big suspicions. His initial call to not.
Starting point is 00:34:00 At first he sounds so frantic. He's like, it almost seems like he's hyperventilating when he's talking to the 911 operator. I'm going to take my kids, I'm going to take my kids. How long has she been down? I don't know. I don't know. I just got home. But that 911 call remained open.
Starting point is 00:34:17 And then all of a sudden when he believes that no one is listening, his whole tone changes. It's not frantic. He's very calm and very quiet spoken. Was it a robber? It appeared that he was suggesting to the child. suggesting to the children to perhaps talk about a robbery if asked about it. You have to look at the circumstantial stuff like what does his daughter say? What does a crime scene look like?
Starting point is 00:34:46 How was the person killed? All of those things in this case would suggest that this is a domestic homicide. After being questioned at the New York State Police Barracks, Thomas Clayton was arrested and charged with the murder of his wife. description from Charlie of this assailant looking like her daddy eyes mask clothes he gets charged largely based upon Charlie's words a mother of two is dead and now her husband is charged with the murder Thomas Clayton was arraigned in Cate in town court Tuesday on a second degree murder charge for the death of Kelly Clayton so your sister has been brutally murdered and now your
Starting point is 00:35:31 brother-in-law is being charged with her murder. How did you even begin to fathom this? You can't. This is a part of your family. And now he's charged with killing one of my most favorite people in the entire world. It's awful.
Starting point is 00:35:52 This is someone I left as a brother. And one day you wake up and everything that was safe and normal and life is, it's just the music staffs and the rugs pulled out. While authority is suspected early on, this could be a domestic dispute. Thomas Clayton had an alibi. Thomas Clayton's alibi was that he was playing a Monday night poker game at the home of Greg and Linda Miller. A place he would go most Mondays.
Starting point is 00:36:31 This is where we played poker on Monday evenings, every Monday at 7 o'clock. Where did Tom sit? Tom sat here the last night that he played, and I would be the bank, over here. What did you think of him lucky? Tom? Mm-hmm. Tom was very likable, very flirtatious.
Starting point is 00:36:52 But overall, you got along with him. Well, you got along great. So take me back to September 28, 2015. His mind was not into poker. You could tell. Usually he maybe jokes around a lot more, and there was none of that. He was doing a lot of texting on his phone.
Starting point is 00:37:12 He was there until the game. broke up. And Greg Miller recalled that Thomas left his home at about 1215 for the 10 to 15 minute ride home. At what point did you hear that there had been a tragedy at the Clayton home? The next morning in the 6 o'clock range, there's someone knocking at the door. And he says, you had a poker game last night? I said, yes. He says, a guy that you know as hockey puck was here, Tom Clayton? I go, yes, he was. And then he says, Tom went home last night and found his wife murdered. What are you thinking? You hear that Kelly was killed?
Starting point is 00:37:53 I was numb. I was like, I think he talked to us and I didn't even know what they said. And I said, there's no way Tom could do anything like this. I said, there's no possible way. I said, you're looking at the wrong guy. Thomas Clayton wanted the police to get off of him. Stop looking at him and look elsewhere. Check the GPS in my truck. I got a solid alibi. And the GPS records from his work truck confirm Clayton's alibi. He didn't get back home until around 1235 a.m. 9-1-1.
Starting point is 00:38:27 He called 911 at about 1238. He was not present at the time Kelly Clayton was murdered. Clearly, police knew they still had a lot of work to do. They've now charged Thomas Clayton with the murder of his wife, even though he had a rock-solid alibi. Is it possible police have arrested the wrong man? And police discover there was another person in the house. Open the door, walks in and get the shock of my life.
Starting point is 00:39:02 This was a case of rage. A brutal murder in a home set in the woods. To find this mother of two, who's in her midst, 30s, but she fought. Charlie had witnessed the entire brutal murder of her mother. She had seen her mother killed a seven-year-old. Could have been my dad, but he looked like my dad. How did he look like your dad?
Starting point is 00:39:45 The mask in his shoes. Up until that moment, we thought that Tom and Kelly had this loving, almost perfect relationship. Thomas had an airtight alibi. How did you do it? Is it possible police have arrested the wrong man? You called us. Why? Walk said and get the shock of my life. I see her laying on the floor.
Starting point is 00:40:11 They need to get to the bottom of it. Who went into that house? Who bludgeon Kelly Clayton to death? And why? The man accused of killing his wife and their Katon home back in September appeared in court today. Clayton remains out of jail after posting bail in October. Clayton pleaded not guilty to second degree murder.
Starting point is 00:40:38 After Thomas gets bailed out, he ends up cleaning the house himself from the murder of Kelly. And he stays living in that house. We know that within a month or two of this horrendous crime, he was having sexual fling with a woman. We found that Thomas had been dating women even before the murder of Kelly, but certainly after the murder of Kelly as well. He goes and gambles at the Borgata in Atlantic City. He's living life. Definitely not the life of a mourning husband. He didn't seem to be profoundly upset that his wife was deceased.
Starting point is 00:41:25 After the crime, he continued to profess his innocence. He called me and he had just said, you know, that it wasn't him. He loved her. He never would do anything like that to hurt her. Lucky Miller says she remembers having an uncomfortable run-in with Thomas Clayton at a local casino. I came down the escalator. I hear, lucky. Lucky. He's like, hi, lucky. He goes, I didn't do it. So he pleaded his innocence with you too. I didn't do it. You know, I was going to take her away on a second honeymoon. And I'm like, Tom. I don't know what to believe. As police begin interviewing, all kinds of people close to Thomas Clayton, a name comes up, Michael Beard.
Starting point is 00:42:13 Thomas Clayton and Michael Beard knew each other for at least five years. I learned that he was a jack-of-all-trades for Thomas Clayton, and he'd been to Clayton family home to do jobs there occasionally. Mr. Beard, I'm Byron Pitts. My colleague Byron Pitts sat down with Clayton's former employee, Michael Beard. Anytime something need to come up, he called me, I would go fix that. You like his go-to guy if he needs something done, his handyman. How would he describe?
Starting point is 00:42:45 He described me as being a reliable worker. I'm the first one he called. If he needed someone to stay longer, he knew I would stay longer. First day, last to leave. Michael Beard worked for Thomas Clayton. Initially, he was hired to work for Clayton's cleaning service. They would go in and clean homes that were flooded or after a fire. He became Thomas Clayton's go-to guy, his handyman.
Starting point is 00:43:08 If you have water damage at your home as a result of a hurricane or a flood, an insurance company might hire SerfPro, send them to your home. I would come in and cut the dry walls, pull up the rugs. Anything that got infected by your water that was there, we would just basically remove. One of the extraordinary things about Michael Beard is how incredibly ordinary he is. He had children in South Carolina. He also had a child in upstate New York. He was the primary Brett winner.
Starting point is 00:43:40 He was living paycheck to paycheck. And so when he met Thomas Clayton, this local sports hero who had a business, he thought his life was changing for the better. I would work hard for him. He would give me little rewards, like he brought me a bicycle because one job where we was working at, I ended up catching a cab.
Starting point is 00:43:59 So I told him like I couldn't afford the cab every day to get to this job. So the deal was to him was, if he brought me a bike, to pay that back, I would just have to work hard for him. I said, well, you know, I'm doing that already. And one day he came back with a bicycle. How would you describe your relationship with Tom Clayton? How would you characterize it? Our relationship was more of a work relationship.
Starting point is 00:44:23 I never hung out with him after work or nothing like that. Tell me about his wife Kelly. What was she like? She was pretty cool for person. It's been a few times where she went to go pay bills or something and the kids didn't want to go. So she asked if I mind watching them for her until she come back. Hey, that give me time. It's quit working.
Starting point is 00:44:44 Plus, I'm getting paid. So, you know, we was pretty cool. And how would you describe the kids, Charlie and Cullen? Beautiful, respectful, smart, intelligent. So you knew them and they knew you? Very well. I basically seen them grow up. Thomas Clayton also owned the building where Beard lived with his family.
Starting point is 00:45:06 So Thomas Clayton Ellen was he your boss? He was your landlord. Correct. He had to pay Thomas Clayton $1,000 month rent. Thomas Clayton was kind of like his lifeline. He depended on him for not only work but also for where he lived. When there was no work to be done, there was talk that what Thomas would do was to make sure that Beard was employed. My sister had made lunch for him when he did work on their home.
Starting point is 00:45:33 My sister gave Hemmydown clothes to his children. Financially, Beard depended on him. I was his basically like his A-man. But just a couple of weeks before Kelly's murder, Clayton fires his A-man. There were accusations that Beard had been drinking on the job. I remember my daughter coming to me saying, Mom, Tom just told us he fired Michael Beard. And I remember us going, you know, to the investigator and giving them that name. When they said you were fired, did you push back?
Starting point is 00:46:07 Did you say, I'm not drinking the job? It's not true. I spoke in my defense. There was no proof of me drinking on the job. I mean, I do drink, but I don't drink on the job. What state did it leave you in when you lost your job? I was basically broke. This was a guy who was living hand to mouth, paycheck to paycheck when he had a job. Now without a primary job.
Starting point is 00:46:29 A man who was struggling is now really beginning to struggle. And to make matters worse, he's now behind on the $1,000 a month rent that he owes Thomas Clayton. According to Beard, Thomas had started eviction proceedings against him. And he had to move out. Police go and talk to Michael Beard and they asked him where he was that night. And he said it was a tragedy that Kelly had died, but that he was home that night. Initially, we pick him up. up, we take him to the barracks. He denies any involvement with the murder. He says that he had
Starting point is 00:47:05 been at home the night of the murder, drinking the entire night, never left the house. After talking to police, Lucky Miller begins replaying the night of that poker game back in her mind. And after rethinking every second, she remembers something. He walked up and asked me if he could borrow my phone. I'm like, yeah, sure. When he handed you the phone back, Did he seem bothered or... No, he just put it on the table and goes, Thanks, lucky, and he went back downstairs. So you thought nothing of it?
Starting point is 00:47:35 Nothing. After she has that memory that he borrowed her phone, she immediately checks to see who he called. And look at the phone, I'm like, there's nothing. And she's yelling at me. God, look at my phone. And she's shaking like this. I instantly thought the worst.
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Starting point is 00:48:58 Lucky Miller, who host poker nights with her husband, Greg, has just had a major revelation that Thomas Clayton asked to use her cell phone when his seemed to be working fine. This was on the night of the murder. And look at the phone, I'm like, there's nothing. No evidence of a phone call. Nothing. And she's yelling at me.
Starting point is 00:49:19 Get your glasses, you gotta look at my phone. She's shaking like this. And I look, I go, no, he didn't use any phone call. She goes, no, he used my phone. I go, then he deleted him. She goes, you can delete phone numbers? I go, yeah, you can delete phone numbers. She goes, I didn't know you could delete phone numbers.
Starting point is 00:49:33 We determined through her records that Tom had used her that he had actually had a conversation with that person, then deleted it from Mrs. Miller's phone. At the time, you could plug in a phone number to Facebook and it would spit up the account. Please find out that this suspicious call that was made was Michael Beard. Beard had just been fired from Clayton's company,
Starting point is 00:49:54 and he was also renting from him, so the two men were connected. Michael Beard was, from my knowledge, what I would call a gentle giant. He was a man with a very physical present. very physical presence, soft-spoken, kind, and often desperate financially. You have a justified reason to call Michael, why are you deleting the calls and why didn't you not just use your own cell phone?
Starting point is 00:50:19 Matt Lambert, who is a state police investigator, was familiar with Mr. Beard from work in the city of Elmira. After the phone records came forward, Matt went back out and talked to Mr. Beard again. So we picked him up at his house on Grand Central Ave. in Elmira at that point drove him to the state police barracks and painted post. I discuss the findings that we had with him. He denies any involvement with the murder. He says that he had been at home the night of the murder drinking with his wife the entire night,
Starting point is 00:50:52 never left the house. My name is James Vaughn. I was an investigator for the New York State Police. I was a polygraph examiner. Back in 2018, Investigator Vaughn showed me the area where he performed that lie detector test on beard. Polygraph chair? Polygraph chair. That's the same chair he was sitting in. So we decided that a polygraph is the best course of action determine what exactly, where we stand with this guy. If he's telling the truth, if he's lying,
Starting point is 00:51:22 because we don't really have a lot to go on at that point. How did he handle the polygraph? He denies all involvement in it. He was deceitful. At that point, we began a more intense, more pointed interrogation. Holly Barrett was a Michael Beard's partner. They lived together in this apartment owned by Thomas Clayton. They had to interview her once they were looking at Michael Beard. They separated them and they were talking to them. Holly was frustrated with Michael Beard
Starting point is 00:51:53 because they were in financial troubles, him not having a job and apparently her job not being quite enough to keep the family afloat. They had been fighting and he left around 1130 and then he came back like an hour and a half later. That fits in with getting a call from Thomas at 1053. Holly also says something that actually really cracks the case. Thomas Clayton had approached Michael Beard about burning his house down for $10,000.
Starting point is 00:52:25 So in the other room, they're interviewing Michael. Obviously, he doesn't know that she's actually telling that he was gone for a period of time. My boss came into the interrogation with that information. and said, Michael, we know about the $10,000. He, throughout the entire interview, became more and more emotional. Started exhibiting signs of nervousness, like his stomach was growling.
Starting point is 00:52:50 Signs that, in my experience, are very typical of somebody that's guilty of something and just kind of waiting and stressing about the truth actually coming out. And he kind of put his head down, and I was close to him sitting in front of him. I was like, Mike, is $10,000 the reason that you killed Kelly?
Starting point is 00:53:06 And he kind of paused. for a second, then respond, yeah, that's why I did it. It's a surprising twist for investigators, Beard making a full confession to murdering Kelly Clayton as another job for his boss. He didn't even get any money up front. I mean, he was going to go do this on the promise from Tom Clayton that he'd be paid $10,000. In a signed written confession, Beard lays out all the grisly details of the plan. He wanted me to go to the house, kill Kelly, then light the house on fire. He said the kids would be at her sister's house. There was also gas in the garage.
Starting point is 00:53:44 He wanted the cars to burn also so that he could collect insurance money. And why did he do it? Beard's explanation is pretty simple. I needed the money. He was supposed to set the house on fire. Why didn't he do that? I think the homicide itself was more brutal than he had anticipated. and he said in his words that he got scared.
Starting point is 00:54:07 Then another man comes forward. And along the way, you know, he says, I'm after kill a bitch. Does this story point to a more sinister plot? It was shocking to see somebody would be driven this far to make plans like that. Every day you find out more and more. And now you find out he. He is a monster, a sociopath. After the murder of Kelly, and even now,
Starting point is 00:54:51 the community just really got behind the stage family in support of Kelly. Purple ribbons were tied around utility poles and fence posts. Every time you saw a purple ribbon, you knew it was four. They were all over the area. Michael Beard is behind bars,
Starting point is 00:55:15 Clayton has made bail, but both of them are still under investigation. Clayton's children are staying with Kelly's sister, Kim. Frankly, the well-being of those children was first and foremost. Aunt Camille. Have a good day. They will see purple ribbons and they'll say, oh, purple for mama. Purple for mama. That's all they know.
Starting point is 00:55:41 The jackals don't exist anymore, but on the last hockey game that they had, they held a benefit We're honoring the family of Kelly's age, and here comes Kelly's children. All of the money raised is going to go towards the kids. It's been a while since Kelly Clayton's murder, and investigators are trying desperately to offer answers to a shaken community. Beard has just signed a confession admitting to being offered $10,000 to set the Clayton House on fire, which never happened. But he has admitted to killing Kelly Clayton, and the police investigation goes on. At some point later in the evening, it became obvious that he was becoming distressed. That's when we basically went out back of the barracks, and I gave him a cigarette.
Starting point is 00:56:38 It became very emotional, start crying, and said, I could take you to the murder weapon. It was a piece in the house that matched the mall handle that was found off the side of the road here. So you knew that was your murder weapon? Once that was found. The mall's like a sludge hammer, but there's no actual sledgehammer head on it, so it's just a handle. And he used that? He used that to kill her. It was positive for DNA of Kelly Clayton and blood still on the murder weapon.
Starting point is 00:57:15 There were shards of that same handle at the scene. In addition, Michael Beard is now offering to take investigators to two more pieces of evidence that tie him to the crime. He did provide the keys to the house that Tom Clayton gave him and the clothes that he wore the night of the homicide. So they had been thrown over in this area? Yeah. Bloody clothes? Yeah, they had blood on. Mark Blamford is a friend of Michael Beards.
Starting point is 00:57:49 And Michael Beard actually called him that night to see if he'd come along and be a lookout. Blamford agreed, but he says he really didn't know much about what was going on. He just sat in the truck. He asked me about doing a job. I'm thinking maybe it might be some type of drug deal. deal. As we start riding out, next time about the job, he's saying he's getting then the street riding, he's getting. He said, I'm going to pay you 500. I'm going to like, all right. And along the way, you know, he says, I'm actually
Starting point is 00:58:21 killed a bitch. I do remember him saying that. It's pitch black. There's no street light nothing. Fish black. And he went walking down the street. And I said 15, 20 minutes past, he comes back. He said, nobody was supposed to be there. The kids are supposed to be the right mother's. That's all you mentioned. He didn't tell me that he killed him. He didn't tell him who was in the house. Beard was then arrested for murder.
Starting point is 00:59:05 Beard confesses to the murder, tells him where the murder weapon is, tells him where the bloody clothes are buried, but adds the critical detail. The reason he did was because Tom Clayton offered him $10,000 to kill his wife. But if Beard is the perpetrator, what about Charlie saying that the intruder looked like her dad? After further interviews of Charlie and further analysis, the person that was in there, he had a mask on.
Starting point is 00:59:36 So we're pretty sure that when she says, well, it looks like Daddy, it was more of the clothing he had on looked like Daddy. I observed no deceit in the statement she gave. I believe it was true in her mind when she told it. and as she related it. The focus shifted from Thomas Clayton doing the crime himself. Now it became a murder for hire. Clayton was all about money. There was a substantial life insurance policy
Starting point is 01:00:05 that Tom had on Kelly. We determined throughout the investigation that it had actually been recently upped. A year before Kelly's death, Thomas Clayton doubled the family's life insurance policy. His life insurance policy, was increased to $2 million. Kelly's was increased to $1 million.
Starting point is 01:00:25 He couldn't get divorced because it would cost him too much money, which he had mentioned. It would cost him too much because Kelly would take everything. When I found out the true scope of what we were dealing with, it was shocking to see somebody would be driven this far to make plans like that. Investigators came to the conclusion that Clayton not only wanted to keep not only wanted to kill his wife, but wanted to kill his kids, too.
Starting point is 01:00:54 He was going to set the house on fire with Kelly and the children in the house? That's correct. This was a cold-blooded attempt to remove your own wife and children from this earth. Thomas Clayton denies this allegation. I don't think Thomas Clayton cared that the children in the house when his wife was to be murdered. That was callous on his part. But ultimately, I chose not to... not to indict for the attempted murder of the children.
Starting point is 01:01:23 So your sister has been brutally murdered, and now your brother-in-law is being charged... With her murder. With her murder. How did you even begin to fathom this? I stood there as her matron of honor and smiled and watched her marry him. Now you find out, He is a monster, a sociopath.
Starting point is 01:01:54 With Beard's confession, prosecutors are thinking, we've got an airtight case here. Then he recants. And now they've got a mess. He recants before the trial is supposed to start. Actually, it wasn't me. What evidence can you point to that shows that you're innocent? Amazon presents Jamal versus the Shih Tzu.
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Starting point is 01:02:55 This MVP race is tight, and this crew is the best. So for inside, primetime, showcase, finals, and everywhere in between, there's one place to call home. The NBA on ESPN, presented by State Farm. All season long on ESPN and ABC. With Beard's confession, prosecutors feel pretty confident they've got an airtight case. He leads police to his own evidence in this crime, the bloody clothes that he wore that night,
Starting point is 01:03:38 to the murder weapon that he used. But then, just before the trial, Beard recants. And now prosecutors have got a mess on their hands. He says, I didn't kill Kelly. He says he was there that night. He says he was there to set the house on fire, but that he got sick. scared, backed out.
Starting point is 01:03:58 And then he looks up and there's a mysterious figure who was already there at the house, handed him a murder weapon. So which is it? This doesn't happen often in broadcast journalism. Michael Beard called us. He wanted to tell his side of the story exclusively to 2020. You called us. Why? Because the actual story needs to be heard versus to what you've heard and what they wanted you to know.
Starting point is 01:04:26 to know. My initial impressions of Michael Beard, pleasant enough, well-spoken, bright, and he had conviction about what he thought was true. Financially, what state did it leave you in when you lost your job? I was basically in broke. At some point, did Tom Clayton come to you with a proposal? No, not a proposal of anything like the way they portraying it to be. Okay, well tell me what happened.
Starting point is 01:04:58 It was just a proposal to ask me if I wanted to take this side job. There is something that Beard maintains is true, that he went to the Clayton home on the night of the murder. He says that a job came up last minute and that Clayton asked him to help. And why is all this happening so late at night? During the 24-7 restoration company, calls could come in at any time. You'd gone to his house this late at night before? this late at night?
Starting point is 01:05:26 I've been to his house late 3 o'clock in the morning. So it goes down there, I get the key, open the door, walks in and get the shock of my life. I see her laying on the floor. And I get scared from that point, which, not using it for an excuse, but I never called 911 that night. Why not?
Starting point is 01:05:48 I wanted to get out of that situation. I had walked into something that had nothing to do with me. Did you know she was dead? I never checked her. I didn't expect to walk into what I had walked into. You're a grown-ass man. When you walk in and you see a woman dead on the ground, or at best unconscious on the ground, blood everywhere.
Starting point is 01:06:11 And you don't think to offer her assistance. This is someone who you know, right, that you're cool with, cool with her and her children. You don't think to assist her. Put yourself into my shoes. I'm a black man in the middle of a white neighborhood in the middle of the night. Well, white woman's laying dead on her kitchen floor.
Starting point is 01:06:31 I didn't want nothing to do with that. And I'm sorry. Okay. Now, this is, in layman term, is a sign confession. Yes, yes. Where they ask you about the crime. Yes. When I got to the kitchen, she was following me about five or six steps behind me.
Starting point is 01:06:49 I turned around and struck her again, and that's when she went down. Those aren't my words. Prior to that statement, they came and they laid down the whole scenario to me on what I supposedly had done. So the more resistance that I gave them, my family starts to come into play with this. So I'm telling them, if you keep my family out of this, I said, you can say whatever you want to say, and I'll deal with it. That, in my opinion, would not be helpful to an interview to threaten them. People need to give confessions voluntarily in order for them to be believable in my experience. So you sign this confession.
Starting point is 01:07:31 Yes. Admitting to killing Kelly. Through them, yes. I wouldn't want to coerce a confession from somebody that didn't do it. Just morally it's wrong. Like I wouldn't be able to sleep at night if I did. So you sign this, you go to trial. Yes.
Starting point is 01:07:48 We interrupt this programming to bring you breaking news. Michael Beard has been found guilty on all charges in the death of Kelly Stage Clayton last year. Michael Beard was found guilty of one count of first-degree murder. He was sentenced to life without parole. What evidence can you point to that shows that you're innocent? In the victim's hands is the DNA of an unknown source. Doesn't match my profile. on the victim's clothing. Again, DNA that does not match my profile. So how is it that Kelly Clayton
Starting point is 01:08:27 fought for her life with Michael Beard when you got someone else's DNA on her? Whose DNA is? Do you know? I don't know. In fact, authorities do say that the DNA on Kelly's clothing was likely from her son or her husband, not Beard. But the DNA sample found under her fingernails wasn't sufficient to either identify or exclude anyone, including Beard. The fact that there may or may not have been other DNA on Kelly Clayton really, to me, has no bearing on this case whatsoever. When Kelly Clayton ran down the hall, we found her palm prints on the door.
Starting point is 01:09:06 And mixed in with that blood, we found Michael Beard's profile. His DNA was in that blood swap that was recovered from that bedroom door. Police say you let them to the murder weapon. They said I let them to the murder weapon. They also said I gave a confession. The mall handle was examined. We believe that Beard was wearing gloves at the time of the crime. That would have eliminated his DNA on it, but it was Kelly Clayton's.
Starting point is 01:09:37 As the interview continued, Beard told me something new and unexpected. But what I did see was someone else down there. Who it was, I couldn't tell you at that point in time, because I never seen a face. I'm sorry. So you're saying you did see someone there? Yes. Well, I seen somebody in the, like coming out of the house, once I went in the house, someone else was coming in. Okay, how close was he to you? Basically about this distance right here. And so you guys were close enough to each other to touch each other?
Starting point is 01:10:10 I knocked them down, getting past him. How could you leave out that kind of detail that seems so significant? That's when, at least from my perspective, his version of what happened, seemed to begin to fall off the rails a little bit. We got to this point here, and he said this is the area. So the murder weapon, he discarded up here. Yes. Those details that he gave to police.
Starting point is 01:10:35 He threw the keys into this small creek. Combined with all of the physical evidence from the scene, there was no way. I think for a jury to say that there was any reasonable doubt that it couldn't have been him. You were hired, you were the hit man, you killed her, and that's sad. There's three sides of every story, your side, my side, and the truth. I'm not sure the story that Michael Beard told me seemed to live on the side of the truth. Michael Beard in some ways told us the story in which he was both the hero and the victim. The evidence was really overwhelming that Michael Beard had actually killed Kelly Clayton.
Starting point is 01:11:18 The question was, what evidence was there that Tom Clayton actually hired Michael Beard? This case really became all circumstantial. We don't have a smoking gun. Jurors will decide the fate of Thomas Clayton. Clayton is accused of hiring Michael Beard to kill his wife, Kelly Clayton. Opening statements are set to begin tomorrow at 9.30 a.m. Tom Clayton's trial was a very big trial for our county. The courtroom was packed every day, not just with Kelly's family and Tom Clayton's family,
Starting point is 01:11:57 but people who knew them. He was a local celebrity of types. Not only that, but Kelly was well known throughout the community too. I think that's where a lot of this media attention came from. It was a long and in-depth trial. There was more than 75 witnesses. Tom showed up to court. almost no emotion, I'd say.
Starting point is 01:12:19 Tom was cool, calm and collected every day when he walked into court. You would never realize that he was on trial for his wife's murder. That could be because Thomas Clayton knows that the case against him isn't exactly a slam dunk. With Michael Beard's recantation, the prosecution realized that cannot use him as a witness. This case really became... all circumstantial. We don't have a smoking gun. We have to build our case piece by piece. That's when the real investigative work comes in in proving that everything he originally said was true. The prosecution had to show that there was this ongoing relationship before and after the murder, the night of the murder,
Starting point is 01:13:08 and close in time. But at that time, we had enough documentation and the recoveries and the state, made by other people. So Blandford testified. We eventually allowed him to plead to a lesser crime in exchange for his cooperation. The evidence was really overwhelming that Michael Beard had actually killed Kelly Clayton. The question was, what evidence was there
Starting point is 01:13:33 that Tom Clayton actually hired Michael Beard? And there really wasn't any evidence. The cell phone records turned out to be very pivotal in the investigation. SIE of Zetex Corporation. That's what broke the case, the geolocation data. Zetex specializes in taking large amounts of big data and visually mapping it. Once we got Cy Ray involved, he was able to track where the phones were by using the cell towers.
Starting point is 01:14:01 So in this particular case, we took all 67,000 points, and we combined them together on a map synced by date and time. The phones really provided a timeline of interaction, of planning. It showed the number of times that Michael Beard and Thomas Clayton interacted leading up to the murder. It corroborated everything. Our 14, 15 months of investigation had uncovered. And most telling, a pair of phone calls made on the exact day that Kelly Clayton was killed, the first one from a used car lot that had no connection to Thomas Clayton. There's an incoming call to Michael Beard from M&M Auto.
Starting point is 01:14:43 Michael Beard doesn't own a vehicle, so there's a kind of a question there of why Eminem Otto would call him. Again, he's equipped with his own phone, but he's claiming I got terrible cell phone coverage, so he asked to use their phone. So who does he call using their phone? He calls Michael Beard. In looking at Tom Clayton's phone, we can actually put his device in the parking lot of Eminem Auto when this call is made. To me, it's circumstantial evidence of guilt. trying to hide his tracks. He probably didn't realize police methods, the investigative methods, to the extent that they can recover evidence from phones. And then hours later, Clayton
Starting point is 01:15:26 makes a second call to Beard from somebody else's phone. That's right, Lucky Millers at that poker game. And this is basically the go call. Beard shortly after that phone call drove out to Clayton's home and committed the murder. There was no evidence as to the content of those calls, and Cy Ray's testimony was skewed in trying to make much more of those calls. I think it's important to look at the corroborative data. We know Michael Beard received a phone call from Eminemado. The Verizon phone records puts Tom Clayton at Eminemado, and when we look at all this known
Starting point is 01:16:05 information, the phone records align with it. It was very well planned out. As a matter of fact, according to Michael Beard two weeks prior, there was a dry run. They had set up that Tom would either be out of town or at least away from the house when it occurred. So Tom would have an alibi. He took steps that he thought would cover him, used a serve pro truck with a GPS, so it would show where he was that night. Clayton even arranged for Beard to use a borrowed truck that nobody from the neighborhood would recognize.
Starting point is 01:16:37 We do see on the video, Tom leaves with one vehicle with the Surf Pro vehicle, and Michael Beard leaves with the red truck, which is ultimately used in the murder. After he returned the truck to Surf Pro, he rode home on his bike. It's a pattern that clearly shows that Michael Beard and Thomas Clayton did this together. There's no direct proof that Tom Clayton engaged in a plot with Beard to kill Kelly. There was no record of any payment. Even if there is evidence linking Clayton to Beard and potentially to the crime, what was the motive? Why would Clayton want to have his wife killed? The motive was to get rid of Kelly. He didn't want to go through a divorce.
Starting point is 01:17:27 He wanted money, substantial insurance monies. Part of our proof of trial was to show that he indeed engaged in extramarital affairs. Testimony from one of the women. from one of the woman who claims to have an affair with Thomas Clayton. Even the insurance agent, he ended up having an affair with her. The women, the multiple affairs that he was having right under Kelly's nose, my nose. I never heard of an affair, ever. Some of the women that we called at trial talked about Thomas Clayton and his relationship with Kelly.
Starting point is 01:18:00 Did say that Thomas would say bad things about Kelly. He was telling them about her. She's laid. she wants to go to every concert there is and she spends all my money and she only works one day a week and it's like she's mother your kids crying out loud yet he didn't want a divorce he had mentioned to me divorce was never going to be a possibility because she would take him to the cleaners was his words it's a distraction the question isn't whether it was right that tom clayton had affairs question is did he do this crime but would the jury see it that way All eyes have been on the Thomas Clayton murder trial for several weeks.
Starting point is 01:18:46 Now the former hockey player's fate is in the hands of the jury. Nobody knew what to expect, but after just about six hours of deliberating, they came back with that verdict. Breaking news out of Stuban County Court. Thomas Clayton guilty on both first degree and second degree murder charges. I think that there was an absolute sense of relief. The people that were responsible for taking Kelly's life were held accountable. The family of Kelly walked out of the courtroom. They were sobbing, but almost tears of joy because of the fact that justice was delivered.
Starting point is 01:19:26 I told my sister from the night she was murdered that we would not stop fighting for her. At his sentencing, Clayton is given life in prison without parole, and he doesn't go quietly. He delivered a profanity-laced, just rant about how the jury got it wrong. Screaming at the top of his lungs that he didn't kill his wife. Everyone in the courtroom was shocked. First and foremost, I am extremely proud and honored to call Thomas, my son. In a statement to ABC News, Clayton's family says their support for him is unwavering, and they pray that the justice system will write this incredible wrong.
Starting point is 01:20:12 One of the most memorable moments of the sentencing was when a statement was read by Kelly's sister. The statement was from Kelly's daughter. Charlie actually wrote a letter on her own, that she loved her mom, she loved her dad, but that her dad was a coward because he made Michael Beard kill Mommy. What a heartbreaking statement. These children have now lost both of their parents. Was Michael Beard a victim of Thomas Clayton? I believed that Thomas Clayton was a white, privileged man.
Starting point is 01:20:52 He used Michael Beard. Michael Beard would do just about anything for money, for his family. Do you think Thomas Clayton said you? Hands down, I would say so, yes. Yes. In this small community, so many lives have been changed forever. Do you still play poker here? No, we haven't played poker here since that evening.
Starting point is 01:21:22 Lucky says nobody comes in the house anymore. Nobody. So this table's basically closed? Done. It's hard for me in this small town to go places. People say things to you that can trigger you. I can't imagine for these kids to grow up. And this is the only way people know them.
Starting point is 01:21:45 The children are in the custody and care of Kelly's sister. Whoa, whoa. And it's my understanding that both kids are thriving. Kelly spent a lot of time here, and Kelly would also bring her children here. When you come here, what do you... I feel comfort when I come here. I don't feel sad. And Colin calls it my mommy's bed.
Starting point is 01:22:10 My mommy's badge. Yeah, mommy's badge. You took her life, not her light. And her light will shine forever through Charlie, through Cullen, through me, forever. And we'll be okay. We should point out tonight that both Thomas Clayton and Michael Beard have exhausted their appeals and are serving life sentences. And David, we reached out to Clayton who declined to speak with us.
Starting point is 01:22:45 That's our program for tonight. Thanks so much for watching. I'm Deborah Roberts. And I'm David Muir from all of us here at 2020 and ABC News. Good night. Discover why critics have made Send Help the best reviewed movie of the year with 94% on Rotten Tomatoes. Getting us out of here. To be your focus. You work for me. Not in the office anymore. Critics are calling it a diabolical, demented, deranged, delight with witty twists and turns. Don't you wonder why you're the only ones who made it? And don't spoil the ending, you have to see to believe.
Starting point is 01:23:20 Why did you tell me? Send help, rated R. No one under 17 at mid without parent. Now playing.

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