48 Hours - Scared to Death

Episode Date: April 11, 2024

Jim and Vickie Barton, a Springboro, Ohio couple, owned and lived on a horse farm. Jim was lieutenant with the Springboro police department and Vickie was a nurse. In April 1995, Jim came home from work and found Vickie had been shot to death. The case went cold, but in 2003 a new investigative team discovered a portion of audiotape from Jim’s 911 call that revealed a discrepancy in his testimony. “48 Hours" correspondent Peter Van Sant reports. This classic "48 Hours" episode last aired on 6/10/2006. Watch all-new episodes of “48 Hours” on Saturdays, and stream on demand on Paramount+.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Wondery Plus subscribers can listen to this podcast ad-free right now. Join Wondery Plus in the Wondery app today. Even if you love the thrill of true crime stories as much as I do, there are times when you want to mix it up. And that's where Audible comes in, with all the genres you love and new ones to discover. Explore thousands of audiobooks, podcasts, and originals, with more added all the time. Thousands of audiobooks, podcasts, and originals, with more added all the time. Listening to Audible can lead to positive change in your mood, your habits, and even your overall well-being. And you can enjoy Audible anytime, while doing household chores, exercising, commuting, you name it.

There's more to imagine when you listen. Sign up for a free 30-day Audible trial, and your first audiobook is free. Visit audible.ca. It was 1989 in Titusville, Florida. Kim Halleck said she and her ex-boyfriend Chip Flynn were kidnapped and attacked at gunpoint. Kim fled the scene, but Chip didn't make it out alive. Did you kill Chip Flynn? No, ma'am. Crosley Green has lived more than half his life behind bars for a crime he says he didn't commit. I'm Erin Moriarty of 48 Hours, and of all the cases I've covered, this is the one that troubles me most, involving an eyewitness account that doesn't quite make sense. A sister testifying against a brother.

They always say lies. You can't remember lies. A lack of physical evidence and questions about whether Crosley Green was accused, arrested and convicted because he's black. Just because a white female says a black man has committed a crime, we take that as gospel. Listen to Murder in the Orange Grove, The Trouble Case Against Crosley Green, wherever you get your podcasts. Warren County is a very calm, quiet community. It's mainly rural.

It's considerate, it's compassionate. They care about each other. They rode all the time. I think it was love at first sight. She just knew Jim was the one for her and that was it. They had no children, so all they had was each other. I think in some ways, they probably were closer than some couples are.

I think they loved each other. They were well known in the whole area. Jim Barton was a lieutenant with the Springboro Police Department. The Vicki that I knew was a very passionate person. Passionate about her work, her family, her horses. They had their whole life worked out what they was going to do. Murders in Warren County are few and far apart.

On April 11, 1995, I overheard a call coming in from Tuart Road. I don't know how I can describe it. It's horrifying. I'm Tom Aris. I'm the sheriff of Warren County, Ohio. Upon arriving at the scene, we found Vicki Barton, and she'd been shot three times in her head. It's like my world has come to an end. My happiness has come to an end. We had no suspects. Jim Barton was looked at only as a spouse of the victim. He was clean.

I want the criminal caught. Right now, we really don't have any leads. The case became cold. It got put on a back burner, but it was never forgotten. When we took it over, this case was essentially dead. There was a very limited amount of physical evidence. Look at that page. And after nine years, that is extremely difficult.

We got that tip, everybody was like, whew. I remember getting chills and just thinking, wow, how can this be? Speculation is they scared the hell out of her. Didn't work out. She ends up dead. Scared to death. Growing up in Middletown, Ohio, Vicki Siebert seemed to have one passion in life. What were Vicki's dreams? To ride a horse, to own a horse.

All we heard was, I want to ride a horse, ride a horse. Horses, horses. Look at that face. But Mary Jane Siebert soon discovered her daughter had another interest down at the stable. She'd go out practically every night to the barns. That's where she met Jim Barton? Mm-hmm. I thought she was riding a horse. She wasn't. She was out there with Jim. She was in love.

They were in love. Beautiful person, caring person, loved the outdoors, all the things that I was interested in. Went trail riding with her, and that's how I got to know her and started dating her pretty much exclusively. This was the girl of your dreams. Absolutely. She sure was. In 1980, after a five-year courtship, Jim and Vicki married. I was the matron of honor. Childhood friend Marianne Lacey stood at Vicki's side. It was beautiful. We had red dresses on. It was in February near Valentine's Day.

Did she seem happy? Yes. The newlyweds moved into the small town of Springboro where Jim became a cop, rising to the rank of lieutenant. She often referred to him as the big guy. Diane Bisgard and Kathy Trame knew Vicki as both a friend and a co-worker. They say she loved being a cop's wife. When she would talk about Jim being a police officer, she'd light up.

I think she looked up to him as kind of her protector because he was a big guy. All kinds of munchies. Like Jim, Vicki chose a career helping people, eventually becoming a head nurse at a local hospital. The staff absolutely loved Vicki. And her favorite word was kiddo. She'd say, kiddo, you can do it.

But Jim and Vicki never let their careers stand in the way of their goal of owning a farm. We wanted to live on a farm. I wanted to live on a farm. In 1988, they purchased this horse farm just outside Springboro. They called it Locust Knoll. In my eyes, it was ponderosa.

Whether it was to anybody else other than Vicki and I, I don't know. For the next seven years, Jim and Vicki spent every spare moment rebuilding the home, putting up a network of fencing, and adding a new barn. This was our dream place. We had so many plans for the future, and this farm was all part of that. What do you got there, Vic? Looks like an old hammer. But neither Jim nor Vicki could have planned for what happened back on April 11, 1995.

It was a sunny spring day. I told her, I love you, and kissed her goodbye. And that was the last I'd seen her. Last I saw her. Later that afternoon, Jim finished work, left the police station, and headed for home. I pulled down our farm lane. The garage door was standing open. And the interior door was standing open as well.

Just seemed just a little bit odd. I walked on down the hallway when I glimpsed what appeared to be her legs on the bed. Vicki lay motionless with a blood-stained pillow over her head. I called to her and ran to her, and the dogs ran around her. Excuse me. I touched her leg. Her skin was ice cold. 911, what is the emergency? There's a, my wife has just been killed, I think.

I knew it was a lost cause, but yet, you know, I kept hoping. Vic! Vic! Give me some help out here. I was thinking at that point, someone could still be hiding in that place. I started searching that house. I had my gun out. I'm going through all the closets. With the house secured, Jim finally confronted the horror before him. I couldn't leave her. I knew I couldn't do anything for her, but yet I couldn't leave her. Detectives discovered a puzzling crime scene yielding few clues.

It was an execution-style killing with three gunshot wounds to the head. But there were no eyewitnesses, no murder weapon, and no strange fingerprints. You hope to come away from a crime scene with crucial evidence, and we just didn't have it. So it's been years since you've been here. Over ten years. Detective J.R. Absher, now retired, was assigned to the case. I kind of got the feeling there that something might be staged. The house appeared to have been burglarized,

but valuable items like Jim's guns and Vicki's jewelry were left behind. It wasn't what it appeared to be. The only physical evidence at the crime scene was found on Vicki's body. Her shirt, along with her bra, had been pushed up. Her breast had been bitten. This person was a sick human being. body. Her shirt, along with her bra, had been pushed up. Her breast had been bitten.

This person was a sick human being. Yes, yes, definitely. The saliva left from the bite provided valuable DNA. We have compared that DNA sample with, I'd be afraid to guess at the number of people. Jim Barton? Jim Barton, his friends, never been able to match it. What do you think happened that day? Why was Vicki Barton, his friends, never been able to match it. What do you think happened that day? Why was Vicki Barton, your wife, murdered?

I don't know. I've run the scenario through my mind many times. I have no, absolutely no idea. One of the few leads early on in the case came from Vicki herself. Several hours before she was murdered, Vicki told Jim about a stranded motorist who had dropped by the farm with a gasoline can looking for fuel. Detective

Absher spent months trying to track down that man, but his identity remained a mystery. I thought it was very strange. We were quite a distance off the main road where the farm is located. I was concerned when she said the guy walked up there. The investigation limped along. Jim sold the farm and tried to go on with his life. One year after the murder, he remarried. It's strange how fate works. Yes, isn't it?

In a bizarre twist, his new bride was Mary Ann Lacey, He remarried. It's strange how fate works. Yes, isn't it? In a bizarre twist, his new bride was Mary Ann Lacey, Vicki's matron of honor. What is it about Jim that you fell in love with? His charming side, his attentiveness. But the marriage collapsed a year later. Vicki's unsolved murder proved to be too great a strain. I said, what happened?

Because I really wanted to know. I wanted to understand. And he was quite reluctant to talk about it with me. And that bothered me, and I told him. Jim says he may not have talked about Vicki, but she was always on his mind. And so was the investigation. I wanted to solve this case. I still want to solve this case. But the case sat idle for three years. Then, in 1998, a break. Finally, we got somebody here that's going to bring it all together for us. A stunning confession from an unlikely source. In 2014, Laura Heavlin was in her home in Tennessee when she received a call from California.

Her daughter, Erin Corwin, was missing. The young wife of a Marine had moved to the California desert to a remote base near Joshua Tree National Park. They have to alert the military, and when they do, the NCIS gets involved. From CBS Studios and CBS News, this is 48 Hours NCIS. Listen to 48 Hours NCIS ad-free starting October 29th on Amazon Music. Have you ever wondered who created that bottle of sriracha that's living in your fridge? Or why nearly every house in America has at least one game of Monopoly? Introducing The Best Idea Yet, a brand new podcast from Wondery and T-Boy

about the surprising origin stories of the products you're obsessed with and the bolder risk-takers who brought them to life. Like, did you know that Super Mario, the best-selling video game character of all time, only exists because Nintendo couldn't get the rights to Popeye? Or Jack, that the idea for the McDonald's Happy Meal first came from a mom in Guatemala from Pez dispensers to Levi's 501s to Air Jordans. Discover the surprising stories of the most viral products. Plus, we guarantee that after listening, you're going to dominate your next dinner party.

So follow The Best Idea Yet on the Wondery app or wherever you get your podcasts. You can listen to The Best Idea Yet early and ad-free right now by joining Wondery+. It's just The Best Idea Yet. The 1995 murder of Vicki Barton remained unsolved for three frustrating years. She was a joy to be around. I miss her terribly. Her mother, Mary Jane Siebert, held on to Vicki's memory and to the hope that her

killer would be caught. I just like to know why they had to kill her. Aggravated robbery, a person free of felony. Then, in 1998, investigators finally got a break in the case from a small-time career criminal named Gary Henson. This is the interview room that initially talked with Gary Henson in.

Frank Hensley of the Middletown Police Department had just arrested Gary Henson for burglary and drug possession. At the end of his interrogation, Henson dropped a bombshell, saying he knew who shot Lieutenant Barton's wife. That took me completely by surprise. Henson told the detective the killer was this man, his half-brother, Will Phelps. Phelps allegedly revealed his dark secret to his brother just days after the murder. Phelps finally confided in him. He said, I've done a horrible thing. And finally, Will says, I'm the one that

shot her. Henson said his brother, along with an unidentified accomplice, had planned to burglarize the Barton home. Gary told me that Will said, I panicked, and I shot her in the head. Lincoln 6, check up. Four months after the murder, Phelps committed suicide by carbon monoxide poisoning. Henson said his brother couldn't cope with the guilt of killing Vicki.

Did you believe him? Yes, I did. Lead detective J.R. Absher believed Henson as well. He knew that she had been bitten, which we had not released to the media. It was information only someone associated with the crime would know. So what are you thinking? It was significant. But the only hard evidence Absher had to link Phelps to the crime

was the DNA found on Vicki's body. So he immediately ordered Phelps' body exhumed, hoping for a DNA match. When you found out that Will Phelps's body was going to be tested for DNA, what was your reaction? I thought, oh, maybe we'll get lucky. Maybe this guy is involved in it. Was it a match? No.

How disappointing was that? Pretty disappointing. With no direct evidence linking Phelps to the crime and the identity of his accomplice still a mystery, the question of who killed Vicki remained unanswered, and so the case remained open. It eventually caused my retirement, I think, because of the stress that was placed on me. The investigation had come to a standstill, and Jim Barton once again was moving on with his life. He is the sweetest boy I've ever known.

He is a wonderful, wonderful man. By 2002, Jim had begun dating Elaine Gesswein, a human resource manager. One year later, they were married. And I absolutely adore my husband. Absolutely. And Jim says there was more good news. A county-wide cold case team was formed to take a second look at Vicki's murder. Maybe they'll finally, you know, get some energy behind this crime,

this investigation, and solve it once and for all. you know, get some energy behind this crime, this investigation, and solve it once and for all. The cold case squad was led by seasoned homicide captain John Newsom with the Warren County Sheriff's Office. For six weeks, they combed through all the evidence. And I wanted to make sure every fact we had was fully vetted, and that we went where the case took us, that we didn't take the case. fully vetted and that we went where the case took us that we didn't take the case. Just six weeks into its investigation, the cold case squad discovered a clue buried in the evidence. It's on Jim Barton's frantic 911 call. Two and a half seconds of audio tape that broke this case wide open. Let's listen to that moment of the tape.

Oh, man. I got the tape. Oh, man. I gotta call Phelps, man. What did he just say? I gotta call Phelps, man. I gotta call Phelps, man. What does that mean? It refers to me, to Will Phelps. Will Phelps, the man once suspected of shooting Vicki.

Suddenly, there appears to be a link between Jim Barton and Phelps. Did you know Will Phelps? No, I did not. Didn't know him at all? Didn't know him at all. Never met him? Never met him. I gotta call Phelps, man.

Jim says Newsom has it all wrong. During his 911 call, he says he's not saying the word Phelps at all. Instead he's saying... I got a call for help. I'm slurring the words for help together. I got a call for help. I'm talking to this 911 operator. I'm not getting any help. Give me the emergency squad, quick. Check if she's breathing or not.

She's not breathing, sir. She's cold. Doesn't seem to be doing any good. I start thinking about calling someone else. Oh, man. I got to call Phelps, man. But the cold case squad was convinced Barton was saying Phelps. To prove their theory,

they turned back to the man who said he knew all about Vicki's death, Phelps' brother, Gary Henson, and what he told investigators blew their minds. Gary Henson told your investigators that his brother Will had been hired by Jim Barton? Yes. I'm thinking, yeah, I've got a good, solid piece of evidence against this guy. This stunning new detail that Jim Barton was involved in his wife's death was never mentioned by Henson when he talked to police five years earlier. He told us that Jim Barton met Will and came to him and said, you know, a stage of burglary at his house, and then scared Vicki when she got home from her work.

It seemed utterly fantastic. Why would a distinguished police officer hire criminals to scare his wife? John Newsom says it has to do with Jim's ambition. He wanted to be a police chief. I think he applied three times. According to Captain Newsom, there was an unwritten rule in Springboro that the chief of police had to live within city limits. And that meant Jim Barton would have had to move off this farm and into town.

But Newsom believes that Vicki would have never agreed to sell her dream ranch. So the theory goes, Barton hired Will Phelps and an accomplice to scare Vicki, hoping that would convince her to move into town where she would feel safe. Do you believe that Jim Barton wanted Vicki dead? No, I believe he wanted her frightened. And it just all went wrong? It all went terribly wrong. That's crazy. I just can't believe someone could come up with that. I would not have left the farm to become police chief, I can tell you that much, because I love that place.

Is Gary Henson a liar? Absolutely he's a liar. Absolutely he's a liar. Because I'm not involved in this crime. But investigators chose to believe the career criminal and not the career cop. Why should you believe Gary Henson? Because Gary Henson told us things that we were able to corroborate. Besides knowing about the bite mark on Vicki,

Henson said his brother was the mysterious motorist who asked Vicki for gasoline the morning of the murder. According to Henson, that's how Phelps would case a house before robbing it. This guy is a total liar. He's a criminal. To prove his innocence, Barton agreed to take a polygraph test. Paul Von Holle administered the exam. On Jim Barton's test, the computer gave this indication. 100% deception indicated. Was there a tipping point for you in this case in

which you said, Jim Barton, it's not just an interested party here, he's a suspect? It was. It's when he failed the polygraph. Those results finally convinced investigators they had a case. And there is no glory in standing here today and saying we locked up one of our own. And there is no glory in standing here today and saying we locked up one of our own. In April of 2004, nine years after Vicki's murder, they arrested Jim Barton for having caused his wife's death. Easter 2004, a holiday Jim Barton would never forget. It's unbelievable. The veteran cop faced the ultimate humiliation, being arrested by his fellow officers, charged with causing his wife's death. It's like I was totally drained at that point.

I knew I'd committed no crimes but now i've got handcuffs it's one of the lowest moments of my life elaine jim's current wife was devastated what'd you see on his face shock absolute shock now prosecutors leslie me Leslie Meyer and Josh Engel are ready to take this case to trial. Who ultimately is responsible for the murder of Vicki Barton? Jim Barton is responsible. Our theory was that he wanted to scare her so that she would move with him into the city of Springboro so that he could be chief. Everybody knew that. That was undisputed. He applied multiple times. He wanted to be the police chief.

It's totally absurd. I mean, it's crazy. The story is absolutely crazy. Vicki's friends, Darlene Bisgard and Kathy Trame, say the theory doesn't make sense to them either. Would she have been frightened and said, let's sell this farm, let's get out of here? No. It would have challenged her to be more aggressive in protecting their farm. Let's get out of here. No. It would have challenged her to be more aggressive in protecting their farm. At trial, defense attorneys will argue that the prosecution's case is thin, their motive absurd,

and their lead witness, Gary Henson, unbelievable. Prosecutors, however, will argue that Gary Henson is telling the truth, and they'll use Jim Barton's own words from the 911 tape to prove it. Is this a circumstantial case? Oh, yeah. Completely circumstantial. Does that make you nervous? Absolutely. It makes you nervous. I mean, to the point of, you know, sick. Prosecutors begin by trying to establish that Jim Barton knew who killed Vicki. They call Lieutenant George Hunter, the first officer to arrive at the Barton farm.

Did he make any statements to you? He did. He told me they shot her man, they've killed her. Why did they have to kill her, those murdering bastards? That's very significant that he knew that there was more than one person involved in this crime right from the very beginning. I'm just lashing out at criminals, per se. That's what I'm thinking. I can't see myself using any other word than they.

Next up for the prosecution, former waitress Barb Palmer. On the stand, she claims she saw Jim Barton and Will Phelps together at a local diner 20 years ago. It was on more than one occasion. But Jim Barton says that's a lie. I didn't know this Phelps. He may not have anything to do with this crime at all. Prosecutors admit there's no evidence that Will Phelps was ever in the Barton home.

But they say that's because Jim Barton wiped down the crime scene before investigators arrived. They found less than 10 fingerprints in the entire house, and that includes Jim and Vicki Barton. And, prosecutors

claim, you can hear Jim Barton cleaning the crime scene on the 911 call. Mr. Barton? Mr. Barton? He's getting on the 911 call. Mr. Barton? He's getting his shuffles up around. He's wiping down the scene to make sure that they're not going to find evidence that's going to link him to the crime. That's totally absurd.

I was searching the house, moving the clothing back on the hangers that are in there, going room to room, going through the closets. I want to make sure somebody wasn't in there. But for Jim Barton, it's what the jury hears at the end of the 911 tape that matters most. The controversial two-and-a-half-second clip, eight minutes into the call. Oh, man. I got to call for help, man got a call for help. I'm slurring those words together, that's what I'm saying. He is saying felt. We're convinced of that. But back in 1995, lead detective J.R. Absher wasn't so convinced.

To be very honest with you, I thought he said help. You thought he said help? Yeah. Until someone can say 100% sure what he says, that's in question for me anyway. Both sides introduce experts to tug and pull at every modulating sound Jim Barton uttered during that call. In the end, it all boils down to how many syllables the jury hears. Defense expert Tom Owen. The word is a two-syllable word for help. It has two beats. And after you slow it down, you can clearly hear that. Which Owen does, narrowing in on the critical tenth-of-a-second section of the tape.

What word is that, sir? For help. Okay. Bum-bum. Let me play it again. This is what you need to remember. Two beats. Prosecutors produce their own audio expert.

Do you recognize that? Yes. Robert Fox, who hears only one word and one syllable, felp. Felp. Did you see any hesitation in the statement, felp? No. There is no evidence whatsoever for an H in this phrase. After four experts and seven hours of testimony, the jury, along with everyone else in the courtroom, has heard enough. They'd heard that tape so many times, over and over. It must have been played a hundred times in court.

You just don't know what they're thinking. times over and over. It must have been played a hundred times in court. You just don't know what they're thinking. But what the jury hasn't heard yet is testimony from Gary Hansen, the state's star witness, a career criminal with a rap sheet spanning 20 years. As a kid growing up in Chicago, there was one horror movie I was too scared to watch. It was called Candyman. The scary cult classic was set in a Chicago housing project. It was about this supernatural killer who would attack his victims if they said his name five times into a bathroom mirror. Candyman. Candyman?

Now, we all know chanting a name won't make a killer magically appear, but did you know that the movie Candyman was partly inspired by an actual murder? I was struck by both how spooky it was, but also how outrageous it was. We're going to talk to the people who were there, and we're also going to uncover the larger story. My architect was shocked when he saw how this was created. Literally shocked. And we'll look at to uncover the larger story. My architect was shocked when he saw how this was created.

Literally shocked. And we'll look at what the story tells us about injustice in America. If you really believed in tough on crime, then you wouldn't make it easy to crawl into medicine cabinets and kill our women. Listen to Candyman, the true story behind the bathroom mirror murder, early and ad-free with a 48-hour plus subscription on Apple Podcasts. of the bathroom mirror murder early and ad free with the 48 hours plus subscription on apple podcasts in the pacific ocean halfway between peru and new zealand lies a tiny volcanic island it's a little known british territory called pit can and it harbored a deep dark scandal

there wouldn't be a girl on pit can once they reach the age of 10 that would still a virgin. It just happens to all of us. I'm journalist Luke Jones, and for almost two years, I've been investigating a shocking story that has left deep scars on generations of women and girls from Pitcairn. When there's nobody watching, nobody going to report it, people will get away with what they can get away with. In the Pitcairn Trials, I'll be uncovering a story of abuse

and the fight for justice that has brought a unique, lonely Pacific island to the brink of extinction. Listen to the Pitcairn Trials exclusively on Wondery+. Join Wondery in the Wondery app, Apple Podcasts or Spotify. Vicki was very loving. I could call on her wherever I needed anything. For Mary Jane Siebert, it had been nine desolate years... She had so much going for her. ...and countless visits to her daughter Vicki's grave before there was any hint at justice. Should never have happened.

Police had pieced together a theory that Mary Jane's own son-in-law, Jim Barton, was the man responsible for Vicki's murder. That he'd hired Will Phelps to stage a burglary and somehow scare Vicki away from her farm. So when she got the chance, Mary Jane made good and sure she was in the same courtroom as the veteran cop, who'd allegedly turned criminal. You saw him, he's heard the testimony you're about to give in today's case. But like so much in the case against Jim Barton, nothing was quite what it seemed. You'll remain friends with Jimmy even today, don't you?

Yes, he's like my son. with Jimmy even today, don't you? Yes, he's like my son. Mary Jane would testify for the defense trying to help Jim Barton, the man prosecutors swore was guilty. Do you love Jim? Yes. You've stood by him through all of this, haven't you?

Yes, he had nothing to do with this. Ms. Seward, I'm so sorry that you have to be involved in this process. DA Leslie Ann Meyer would try to imply that sadly, with her daughter murdered, Mary Jane was holding on to the only family she had left, her son-in-law Jim. She's a sweet little old lady, but I feel sorry for her. I'd like to tell you what she is, but I don't dare use the language. Three days after the trial began, the government would bring its star witness out of the shadows and into this courtroom. Was there any discussion about a deal for your testimony in this case?

No. Gary Henson, the convict, thief, and drug abuser, would finally be presented to the public. Everyone, it seemed, knew what to expect, including Jim Barton. A career criminal. How are you doing, Gary? I'm okay. He's got multiple social security numbers. He's got multiple aliases that he goes by. We're going to talk about some of the crimes that you've been convicted of, okay? Okay. And that's the main witness that testified against me.

Our case lived with Gary Henson, and Gary just doesn't give a good presentation. And the jury would soon learn that too. What kind of jobs would you do? We did burglaries. You know what makes him so believable is that he's so honest about lying and cheating and stealing. Hanson testified how Jim Barton enlisted his brother, Will Phelps, to scare Vicki right off the Barton family farm. And how Phelps had asked him to join in on the planned crime.

When she pulled in the driveway, we was going to meet her and then shoot over her head. And did you have any plan on what you were going to use to shoot over her head? Guns. And where did you get those guns from? Mr. Barton gave Will to him. But come sunup on April 11, 1995, the plan fell apart because Gary Henson was in familiar territory, locked up in a county jail. Henson says his brother, Will Phelps, found another man to take his place. says his brother, Will Phelps, found another man to take his place.

Days later, Gary Henson says he read about Vicki Barton's murder in the newspaper. I called Will. He said that basically everything went wrong, and she was shot by accident. On the stand, Henson testified that it was Phelps' mystery accomplice, who has never been identified, who actually shot Vicki Barton.

He said that the guy was a sick f***. Who's the guy? I didn't know the guy. I asked. But back in 1998, Henson told police that Phelps confessed to being the killer. Isn't it fair to say that in 1998, Gary Henson lied? Well, by saying his brother shot her, yeah, I mean, that's a lie. There's no way to hide that. I think it's, you know, I try to make it as minor as I think it is.

He's not changing his story. He's just changing who did what in the story. And in 1998, when he first talked to police about Vicki Barton's murder, Jim Barton's name never even came up. Nothing at all. Nothing at all. Why wouldn't he have told you that his brother Will had said that Jim Barton had set all of this in motion? I don't know. I don't know.

I never pressed it. I never pursued that angle. And Henson told me things. Detective Frank Hensley did testify at trial, but was never asked about the petty thief's changing stories. Henson not only manipulates investigators, but that's his total way of life. He's a manipulator. Does he lie to protect himself? Certainly. I asked him if he knew anything about Jim maybe being involved in this, and he said, no, it was that simple. And J.R. Absheer, the original investigator into Vicki Barton's murder, had the exact same experience when he questioned Gary Henson in 1998. Did he tell you that Jim Barton had hired his brother to go over to the house,

to burglarize the house, and to scare Vicki? No. Do you believe the right man has been arrested? That's not for me to say. I'm not the prosecutor. Is Gary Henson a liar? Absolutely he's a liar. I never knew Will Phelps. I have no idea who these people are. But despite all the lies he'd been caught telling, it was Henson's accuracy about the hideous and secret forensic details... What did he tell you that this guy did? He said he bit her from the chest, that he raped her.

That ultimately convinced the prosecutors that Gary Henson was telling the truth for once. And the prosecution team had one more bit of evidence they were banking on. Direct testimony from Henson... We always kept a gas can with us. About a gas can Will Phelps used to case the Barton home and allegedly left behind after the murder. Do you see anything in Exhibit 4D that looks familiar at all to you? Yeah. It just looks just like my brother's gas can. But Elaine Barton, Jim's new wife, says that's a lie.

She says it's Jim's gas can that he's owned for years. When he heard Gary Henson's testimony, he said, that's crazy, I have that can. Still, Barton's lawyers banked on the jury never believing a crook and a liar. And at the heart of their closing argument was this. Jim Barton arrested criminals. He didn't conspire with them. Let's just look at the overview.

Jim Barton's a fine guy. Going to work every day for 25 years. Would a gentleman of 25 years in law enforcement even be associated with Phelps? This man has been investigated, scrutinized. Now, enough is enough. Hot shot Australian attorney Nicola Gaba was born into legal royalty. Her specialty? Representing some of the city's most infamous gangland criminals. However, while Nicola held the underworld's darkest secrets, the most dangerous secret was her own. She's going to all the major groups within Melbourne's underworld, and she's informing on them all.

I'm Marsha Clark, host of the new podcast, Informants Lawyer X. In my long career in criminal justice as a prosecutor and defense attorney, I've seen some crazy cases and this one belongs right at the top of the list. She was addicted to the game she had created. She just didn't know how to stop. Now, through dramatic interviews and access,

I'll reveal the truth behind one of the world's most shocking legal scandals. Listen to Informant's Lawyer X exclusively on Wondery Plus. Join Wondery Plus in the Wondery app, Apple Podcasts or Spotify. And listen to more Exhibit C true crime shows early and ad free right now. Vicki Barton's murder happened in the most serene and pastoral of settings, the farm she and Jim owned just outside Springboro, Ohio. Everything about that day seemed unexpected and unpredictable. And the jury continues to deliberate at this hour. But ten years later, this was the scene. Drab, cold courtroom corridors,

and the predictable rituals of American justice. Take the cat as a birdie. I always felt confident all along that I was going to be acquitted. Bring the jury in, please. We the jury find the defendant Thomas James Barton guilty of involuntary manslaughter, signed by all 12 jurors. Take the defendant into custody. I looked at Elaine. Did you say anything to her? Yes, I told her I loved her.

I kissed her and of course, they walked me right out of there. To hear Jim Barton tell it, just as Vicki was taken from him, now two more lives were being stolen, his own and that of his new wife, Elaine. I think how could this have happened? I have heard of innocent people going to jail, but I certainly never thought I would experience it.

I could not believe that that jury came back and said he was guilty. Because he's not. But the jury had spoken. Jim Barton, the veteran cop, was now inside the same Warren County jail where he used to send common criminals. All that was left was the judge's sentence. The case was closed. Or was it? I was in my cell, and a note came under my door. And it said, you need to have your attorney contact me

right away. And the guy signed his name on the bottom. What was the name? Danny Clark. I was in jail for violating a temporary protection order. Involving your wife? Yes. When we met successful businessman Danny Ray Clark, he had just been released from jail.

That's where he met the star witness of the Barton trial. And what he told Clark was stunning. Gary Henson wasn't convinced of Mr. Barton's guilt, didn't know if Mr. Barton was guilty or not guilty, and really didn't seem to matter. I think this could be earth-shattering information that we need. Call your first witness.

Judge James Flannery ushered Barton's defense team back into his now quiet courtroom, just days after he had dismissed the jury, to hear explosive new testimony. At this time, we would call Danny Clark to the stand. Gary actually said that he didn't know, quite frankly, if Mr. Barton was involved or not, and he didn't care. And amazingly, there was more to come. Will you state your name please sir? Yes sir Michael E. Moore. Barton's lawyers produced a second jailhouse confidant of Henson's. I was a deputy sheriff prior to that for five years I was a police officer. Another fallen cop. Michael Moore was doing 90 days time for taking marijuana from a police evidence room when, he says, Henson told him he only testified because

prosecutors forced him to. But if he didn't testify, they were going to prosecute him. He stated that if he did not testify, he could face obstruction charges. But prosecutors are emphatic. Henson didn't get a deal. Can you state your full name for the record? James Calvin Hodge. And then there were three. Gary told me that Mr. Barton was not in any way involved with this case. James Hodge had also met Gary Henson in prison.

Said, I know he's innocent. And then later on, like, he just said that the cop didn't have nothing to do with it, didn't hire nobody to do it, didn't even have any clue about it. I mean, these are powerful witnesses that should be allowed to testify, and the jury should have heard. But Judge James Flannery decided the three men's testimony was not enough to order a new trial, so no jury would hear it.

You did not get a chance to hear as jurors. Until 48 Hours showed it to Vicki Fletcher and Dave Rice, two jurors who voted to convict Barton. He didn't know, quite frankly, if Mr. Barton was involved or not, and he didn't care. He stated that if he did not testify, he could face obstruction charges. He said, I know he's innocent. What is your reaction to the new testimony you just heard? I would still say guilty. If you believe one snitch, one criminal, Gary Henson,

why not believe these three criminals? Gary Henson didn't want anything out of this. Again, I still believe in the fact that Gary wanted to do something right by his brother. I feel like there's not a lot of new evidence presented by those three fellas. Does this create any reasonable doubt in your mind? No. No.

Did you get a fair trial? I don't think I did. No. I have no involvement in this crime. Absolutely have no involvement in this crime. I'm innocent. You and Vicki, what were your dreams? Our dreams were to have our horse farm, have our horses, have each other, and retire on

our farm. That's what we wanted. But what becomes of any dreams Jim Barton might have left is uncertain. What is certain now are two things. Jim Barton will serve at least ten years in prison. And this, neither the convicted cop nor the convicted con man killed Vicki Barton. Whoever committed that crime remains a mystery.

In 2016, Jim Barton's conviction was overturned.