Cold Case Files - REOPENED: The Cufflink

Episode Date: March 6, 2025

A woman is found murdered in a Michigan park, bound with police-grade, plastic handcuffs. Investigator’s prime suspect is found with identical cuffs in his possession, but without any addit...ional clues detectives must get creative to link his cuffs to their evidence.IQBAR - Get 20% off all IQBAR products plus free shipping by texting COLD to 64000See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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Starting point is 00:00:00 Hey guys, Mark Wahlberg here. You've heard me say it before, but I'm going to say it again. You guys have to check out Hallow This Lent. We are doing something really powerful. It's a 40-day prayer challenge for every day of Lent with Jonathan Rumi, Father Mike Schmitz, and of course yours truly. We are going through the incredible book The Way by St. Jose Maria Skriva, and I, along with my buddy Chris Pratt, will lead us through weekly fasting challenges. Join me and millions of others around the world praying every day this Lent. Stay prayed up and God bless you.
Starting point is 00:00:28 ["The Last Supper"] This episode contains descriptions of violence and sexual assault. Use your best judgment. On June 10th, 1986, Jeanette Kirby followed her normal routine like she would have done on any other Tuesday. She got up, went to work, and after work, she went for a walk right around sunset. It was something she had done before, many times. But this time, something went terribly wrong.
Starting point is 00:01:09 Jeanette went missing somewhere along her walking trail in the Michigan wilderness. No one heard or saw a thing, but she didn't come home that night. And the next morning, Jeanette's mother, Muriel, waited for her daughter to arrive for breakfast, just like they had planned. Jeanette didn't show up, and Muriel would never see her daughter alive again.
Starting point is 00:01:35 From A&E, this is cold case files. Muriel Kirby didn't let Panna get the best of her. When Jeanette didn't show, she assumed there was a simple, logical explanation. I started calling Jeanette's office to talk to her supervisor, and she and I communicated all day long because Jeanette wasn't there, and she didn't answer her phone at home. And that afternoon I realized something's wrong. This is not Jeanette. Things were getting serious. It wasn't like Jeanette to skip work, especially without at least calling first. But still Muriel held out hope that her daughter
Starting point is 00:02:22 would walk through the door with an explanation. The next morning, two days after Jeanette was last seen, her cousin Nancy had a sudden thought. Jeanette loved to go walking in the woods, and she could have gotten lost up there in the dense forest. So Nancy and Muriel head up to Jeanette's favorite trail, Riverbend Park, hoping there might still be a simple, harmless explanation for Jeanette's disappearance. What they found pointed to something much worse.
Starting point is 00:02:51 Jeanette's car with a parking ticket time stamp just hours after Jeanette was last seen. She'd come to Riverbend Park, gone for a walk, and hadn't returned to her car in two days. Nancy remembers what that realization felt like. At one point there was hope. You know, well, there's a car. There's a car. But I knew it didn't look good. I knew there was something drastically wrong.
Starting point is 00:03:19 It was time to involve the police. Right away, a 30-person search team was assembled, and they began to comb the woods in Riverbend Park. Jeanette's family held out hope that she might still be out there in the woods, turned around and trying to find her way to a trail. Until one searcher, a family friend named Jim Hornyak, made a gruesome discovery. I was crisscrossing between the trail and the river. I came up to a fence line that had a gate on it,
Starting point is 00:03:46 and it was locked, so I couldn't go beyond the fence line. I was going to turn around, and then something told me to go beyond that fence. I followed the fence down to the river and found an opening there where I could go around the fence. As I was walking, I was looking to my right, and I saw something that was standing out with all the ferns there that was kind of yellowish.
Starting point is 00:04:07 The color that caught Jim's eye was in fact the yellow and blue sweatpants Jeanette had been wearing that day. When Jim went to investigate, he found it wasn't just sweatpants lying on the riverbank. And when I got about four feet from it, I realized it was a body. I was just totally shocked. I was in Vietnam and saw a lot of dead bodies, but this really did something to me. And all the time running back, I felt like somebody was watching me. He was very upset.
Starting point is 00:04:35 He came running up to me, and one of the other officers that was present indicated that he had found Jeanette Kirby. That was Officer Larry Harrison. He was the first to arrive at the riverbank where Jeanette's body was lying face up, covered in multiple stab wounds. When the detectives moved her body, they noticed something different about this particular crime scene. When we initially located Jeanette Kirby, her hands were behind her back, and then once they rolled her over, you could see that she had been bound with police-style flex cuffs. Flex cuffs look a lot like zip ties, but they're a thicker, heavier grade of plastic.
Starting point is 00:05:14 Police use them in situations where they need to restrain multiple people, because officers only carry one set of metal handcuffs. In those situations, a person's hand can be tied together with these large zip ties, and they work just like handcuffs. Only there's no key. As unique as the flex cuffs were, they were just about the only piece of evidence present at the crime scene. Detectives scoured the area, but found no weapon, no prints, and essentially no physical evidence. Investigators were hopeful that Jeanette's body might yield more evidence than the riverbank. The medical examiner performed an autopsy.
Starting point is 00:05:52 And again, nothing. No bodily fluids, skin, or hair samples were recovered from the body. Despite the lack of evidence, detectives didn't have to wait long for another break in their case. Just three days after Jeanette went missing, a couple canoeing in Riverbend Park noticed a strange figure in the underbrush along the shore. Tangled in the weeds, they found the body of another woman. This was the body of Cynthia Miller. She was located a couple of hundred yards,
Starting point is 00:06:28 two to three hundred yards from where the body of Janet Kirby was found. Two bodies had appeared in the same location, just days apart. Police feared they were looking for a serial killer, but the prosecutor on both cases, Sam Smith, thought otherwise. But the prosecutor, on both cases, Sam Smith, thought otherwise. It didn't appear that these two crimes were necessarily related. For one thing, a body in the river obviously is going to move down that river for a while, and it was clear that that body had moved down the river. His instincts were supported by the medical examiner's report. Cynthia Miller's autopsy revealed that her body had been in the water for at least a month when it was recovered.
Starting point is 00:07:09 So the cases went to separate detectives and were worked independently. Not long after the discovery of the bodies, a man named Robert Jones implicated himself and a friend, Earl Cox, in the murder of Cynthia Miller. Prosecutor Smith was not surprised to hear that both Jones and Cox had an alibi for the day Jeanette Kirby went missing. What happened in the Kirby case was not their MO. Jeanette Kirby was not a woman that hung out with, I guess you could call them low lives. With Cynthia Miller's case all but closed, Jeanette Kirby's murder taunt to the detectives. What they thought was a probable link to a second murder
Starting point is 00:07:52 had turned out to be a false lead. And more than five months after her body was discovered, Jeanette's case was no closer to being solved. Soon detectives were forced to label the murder of Jeanette Kirby a cold case and move on. But her mother Muriel hadn't given up the hope of finding her daughter's killer. I talked to the sheriff's department several times, enough so that they got tired of me.
Starting point is 00:08:20 And they said, you know, this is an old case. You can't expect something every day. I did. I expected something every time I called. This episode is brought to you by IQ Bar, our exclusive snack sponsor. IQ Bar is the better for you-you, plant-protein-based snack made with brain-boosting nutrients to refuel, nourish, and satisfy hunger without the sugar crash. Are you looking for a snack that's not just delicious but also good for your body and mind? Look no further than IQ Bar. These incredible plant protein bars are packed with high-quality ingredients designed to keep you physically and mentally fit. IQ Bar is totally free
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Starting point is 00:09:45 And right now IQ Bar is offering our special podcast listeners 20% off all IQ Bar products, plus get free shipping. To get your 20% off, text COLD to 64,000. Text COLD to 64,000. That's C-O-L-D to 64,000. Message and data rates may apply. See terms for details. For years, Nureal Kirby lived with the fact that her daughter's killer, the man who had assaulted and stabbed Jeanette multiple times before dumping her body on a riverbank, was still out there. The Michigan police were still hoping a new lead might surface,
Starting point is 00:10:28 and the detail of the police flex cuffs nagged at the back of their minds. Until March of 1990, when a seemingly unrelated case included one small, notable detail. A woman had been driving home alone one night, when what she believed to be a police vehicle appeared in her rear view. The truck behind her flashed red and blue lights and signaled for her to pull over, which she did.
Starting point is 00:10:54 So I pulled over when I saw the light in the back mirror and I sat there and waited for him to come to me. So far, everything seemed normal. The man stepped out of the vehicle, and the woman, who asked not to be identified, waited for him to approach her driver's side door. But the man didn't approach. Instead, he ordered her to come here. So, thinking he was a police officer, she followed orders. The woman got out of
Starting point is 00:11:26 her car. That's when it became clear this wasn't a traffic stop, and she wasn't dealing with the police officer. All of a sudden he took out a revolver or a gun and said, come here. Then he shot a warning shot into the woods and said again, come here. On a completely empty highway, with no help in sight, the woman faced two options, run or fight. She didn't stand a great chance at running. He was big and could easily gun her down
Starting point is 00:12:03 the moment she ran. So this woman fought like hell. I thought, wait a minute, you are not getting me into this truck. He was dragging her inch by inch toward his truck. But she was dragging out precious time while she fought. Plenty of times for cars to pass and for someone to maybe call the police. Finally, her attacker must have decided it was too risky. Maybe there were too many potential witnesses, or she was putting up too much of a fight. Maybe both. So he threw her to the ground, jumped in his truck, and sped off. The woman picked herself up off the ground, drove home,
Starting point is 00:12:43 and immediately called the real police. Sergeant Burt Mead answered the call and took down a lengthy description of the attacker. She told us he was wearing a baseball cap with a star on it that she thought was affiliated somehow with the law enforcement agency. He was armed with a 9 millimeter handgun. She indicated that he drew this gun on her and she knew immediately that he meant business. Not only did this woman provide police with a detailed description of the man himself, but she also provided them with a location for potential evidence. Police investigated the roadside crime scene and found the ejected shell casings from the round fired during the attack. They also made castings of the tire prints left by the attacker's pickup truck.
Starting point is 00:13:28 Then, they released a description of the truck and its driver to the public, hoping for a viable tip. This particular vehicle was outfitted with some overhead lights which are unusual for a civilian vehicle. It had distinctive tires on it. It had a distinctive framework. They didn't have to wait long. Several tips came in about a truck matching that description seen refilling at a local gas station. Detective Mead paid the station a visit. They went through the records at the station and found a credit card receipt
Starting point is 00:14:01 for a purchase of gasoline that this truck and the defendant had used, and we were able to identify him through his credit card receipt. Investigators then began the work of finding the man who matched that receipt, a man named David Drayham. They tracked him to his parents' cabin, where Drayham appeared to be hiding out, along with his trusty and distinctive truck. The tires matched the marks found at the scene and Dram himself matched the victim's description. But that wasn't his only link to the crime scene.
Starting point is 00:14:35 He was in the home and they asked him if he owned a nine millimeter handgun and he acknowledged that he did and he told them it was hidden under a cushion on the couch and it was later determined to be the one used and matched with the cartridge that was found at the scene. Investigators also searched Drayham's home and truck and found a police cap similar to what the victim had described. Then they found a knife and a pair of police-style flex cuffs. Detective Mead placed Drayham under arrest for attempted kidnapping based on the rape kit,
Starting point is 00:15:10 as the police called it, discovered in his possession. We're under the impression that these items were to be used to bind and secure this woman after she was kidnapped from that scene. While Drayham was being processed, police ran a check on his name and discovered that he was also a volunteer fireman in a county 200 miles away. The same county where Jeanette Kirby was murdered in 1986.
Starting point is 00:15:36 So they called an in. Detective Larry Stacey took the call. They advised us that they have arrested a Holt fireman that he attempted to make a traffic stop on this lady he had tried to abduct. Normally, an attempt at kidnapping in one county doesn't make much of a splash in the neighboring police departments. I imagine the local officers only called it in to Ingram County because the suspect was a fireman and they needed to notify the Ingram Fire Station.
Starting point is 00:16:05 But luckily, one small detail in the case set off alarm bells in Stacy's mind. At the time, the only ones that carried flexicuffs were usually police officers. And we thought it very significant that he would have these flexicuffs. Detective Stacy began to wonder how likely it could be that two assailants, within just
Starting point is 00:16:25 a few miles of each other, could have gotten their hands on police-grade flex cuffs. And just what would Dram have done with his most recent victim if he had been able to get her into the car? Would she have ended up like Jeanette Kirby, whose case was sitting on a shelf somewhere? Stacy decided it was worth investigating, despite a lack of evidence linking the cases to each other. But while Stacy was investigating the Cole case murder, Dram's name popped up once again in yet another investigation.
Starting point is 00:16:53 This time he was under investigation for an attack in nearby Holt, Michigan. Just a year earlier, a server at Sammy's Lounge was heading home after a long shift. She left around 2.30 a.m. and made her way across an empty parking lot to her car. When she went out to her car, she got in it, started driving it, and she had the thump, thump, thump of a flat tire. That was prosecutor Sam Smith, who remembered the details of the Holt, Michigan case. Much to her surprise, there was somebody there to help her. This guy that had been in the bar earlier named David Drayham. Drayham offered the woman a bride to his house
Starting point is 00:17:35 so she could use the phone to call for help. But the Good Samaritan routine didn't last long. The moment she stepped into his house, the woman said something changed in him. He appeared with a gun and a knife in his hand, put the gun and knife to her head and said, You're in trouble now. She was forced back into the bedroom, had her get on the bed, took off her clothes, and raped her several times. several times.
Starting point is 00:18:07 Terrified, injured, and fearing for her life, that woman went home, and didn't report the crime. She believed, he told her, if she talked to the police, he would kill her, and she absolutely believed it. And if you see David at somewhere around 6'6", 6'7", he's a big, and at that time he was a big, rangy boy. You'd believe him. However, seven months after her attack, Drayham was safely in custody, facing charges for the roadside assault.
Starting point is 00:18:37 So, the woman from Sammy's Lounge decided to come forward, and rape was added to Drayham's growing list of pending charges. With a mountain of evidence stacked against him, Dram was found guilty in both cases and received the maximum sentence of 80 years in prison. Meanwhile, Detective Stacy was still trying to tie him to the murder of Jeanette Kirby, but prosecutor Sam Smith needed more evidence before they could file charges. From the hour, I guess you would say, that the Lelandaw County Sheriff's Office called, we thought David Drame is probably the killer of Jeanette Kirby. But what we could do to do that other than he had flex cuffs over here and there's flex
Starting point is 00:19:20 cuffs in our case, that's not very much proof. That proof they needed would take another eight years together. For weeks now, New Jersey residents have been played by unexplained drones flying overhead. Is there intelligent alien life? And if so, has the government been covering it up? UFO sightings the military can't explain. Congressional hearings, Pentagon whistleblower. What does it all mean? What does it all mean? We are here to try and figure it all out with our new Ancient Aliens podcast.
Starting point is 00:19:53 There is a doorway in the universe. Beyond it is the promise of truth. It demands we question everything we have ever been taught. The evidence is all around us. The future is right before our eyes. We are not alone. We have never been alone. Listen to the Ancient Aliens podcast, available wherever you get your podcasts. In 1991, a man named David Dram was sentenced to 80 years in prison for assaulting one woman
Starting point is 00:20:35 and raping another. Unfortunately, he wasn't a special case. Criminals like Dram and crimes of of sexual violence are sadly pretty common statistically speaking. But there was one uncommon piece of evidence that surfaced during the rape investigation, which linked David Drayham to a murder five years earlier. A pair of police-grade flex cuffs. The tricky part now was for detectives to link the cuffs they found in Drayham's truck to the pair that bound Jeanette Kirby. to link the cuffs they found in Dram's truck to the pair that bound Jeanette Kirby. I know of no other cases in the United States where flex cuffs were used.
Starting point is 00:21:12 That in and of itself was extremely probative, I thought. By 1998, though, the detectives were still stumped about how to make that connection. Muriel Kirby had not given up on the search for her daughter, and she kept calling the sheriff's office until they pulled Jeanette's file off the cold case shelf. Larry Harrison, who worked Jeanette's case as a street cop, had graduated detective by this time, and he picked up Jeanette's file along with his partner, Pete Ackerley. Both detectives agreed that Dram deserve a more thorough investigation. So, they started at the very beginning, looking at Dram's past and leaving no stone unturned.
Starting point is 00:21:52 This is Detective Harrison. We began interviewing a number of old friends, acquaintances of David Dram's, a number of people that were never interviewed originally back in 1986. I tried to run down everybody that went to high school with the guy, ever went drinking beer, smoked pot with him, worked with him, was on the fire department with him, knew him socially. That was Detective Ackerley. Both he and Harrison were determined to find something, or someone, in Dram's past that
Starting point is 00:22:24 might offer some new information or evidence. And they found just that in Dram's old friend, Mark Greco. 15 years earlier in 1983, Greco was living in Holt, Michigan. Around that time he bought a car, but it wasn't your average car. He bought an old police car. But this particular cruiser didn't have an FM radio, so Greco decided to install one. I actually had to physically get into the trunk to work underneath the back deck to wire it and then I saw the plastic bag was stuck between like the inner fender and the outer fender and I pulled it out and it was a bag of flex cuffs,
Starting point is 00:23:05 plastic handcuffs. Greco then decided to give several of those flex cuffs to his roommate, David Dram, and held onto a few for himself. I worked for a security guard company at that time, and right in the back window of the car was my uniform hat. And I just pulled a couple out, stuck in my hat, and I gave him the rest.
Starting point is 00:23:27 Now, that part feels a little bizarre to me. Maybe it's just me, but if I found police restraints in my car, my first instinct would probably be to get rid of them, or maybe use them in some sort of home improvement project. I wouldn't give them to my friend. But maybe Greco thought that Drayham had some home improvements of his to my friend. But maybe Greco thought that Drayham had some home improvements of his own. In any case, Greco went searching for those two cuffs he kept for himself. Up in the top of my closet in a plastic bag was that uniform hat, and inside that uniform hat was that flex cuff.
Starting point is 00:24:00 Detective Larry Harrison couldn't believe his luck. I couldn't believe that after 12 years that he still had this one flex cuff in the brim of his old security hat. I knew immediately this could be the length that we were looking for to finally put the nail in the coffin for David Dram. The detectives needed to make a connection between the cuff and Greco's hat and the cuff found on Jeanette Kirby's body. Their first discovery was that both cuffs were the same brand, made by the same manufacturer. However, that breakthrough wasn't exactly a smoking gun, because that particular brand and that particular manufacturer sold thousands of other cuffs in the United States. Still, it was
Starting point is 00:24:45 one step towards proving the detective's theory that the cuff in Greco's hat and the cuff on Jeanette's body came from the same package. So they next set out to find some unique signature on the cuffs that set them apart from the thousands of others on the market. To do that, they brought in an expert, a forensic tool mark examiner named Scott Merrier. Tool marks can be unique. What happens is during the manufacturing process, when tools are made, no two objects, it doesn't matter what you're making, are completely identical in every way.
Starting point is 00:25:17 And so what I do is I look for the microscopic imperfections that are left on various objects to see if these were cut by the same tour. The marks Merrier was looking for weren't apparent on the plastic cuffs themselves, but instead he found something interesting on the small metal tabs that lock the cuffs in place. He found scratches that were created when the tab was machine cut at the manufacturing plant. These were wonderful tool marks, both in quantity and quality.
Starting point is 00:25:46 It was actually a very easy identification to make between the metal tab that was removed from the flex cup that was found on Jeanette Kirby and the one that could be associated to Mr. Dre. The marks Merritt discovered were proof that the cuffs had been created in the same plant on the same machine. But Assistant Attorney General Mark Bloomer still wasn't quite convinced the evidence was enough. It's very analogous to using forensic DNA.
Starting point is 00:26:15 It's not enough to simply say there's a match, because then you have to know how many others also match. Detectives needed to take their investigation a step further. They didn't just need to prove that the cuffs were unique to a single factory or even a single machine. They needed to place the cuffs Greco found and the cuffs that restrained Jeanette on the same assembly line close enough together that they reasonably could have been packaged
Starting point is 00:26:41 together. To prove that, Detective Pete Ackerley took a field trip to the manufacturing plant. With the help of the plant officials, Ackerley was able to identify the exact cutting machine used to cut the cuffs. Looking at the machine, he wanted to know how many cuffs one blade could cut
Starting point is 00:26:59 before it needed to be replaced. Ackerley had a theory that each blade left a unique pattern on the tabs it cut. So if he could prove that his two sample cuffs were cut by the exact same blade, he could place them within a pool of just a few dozen others that were cut by the same blade. That all depended on exactly how many cuffs a single blade could cut in its lifespan. So they ran a test. Then I took one sample which consisted of five flex cuffs, every 100 through the first 1000. After that I took a sample which again consisted of five flex cuffs, every 1000 through
Starting point is 00:27:38 a total production run I believe of 32 or 34,000. Accurately brought those samples back to tool-mart expert Scott Marrior to see if his theory paid off. What I found during my examination was that there was a significant change between one in a thousand. Based on that and all other things being equal in the manufacturing process, I was able to say that the two flux cuffs in question, the one that can be associated with Mr. Drayhame,
Starting point is 00:28:06 the one from Jeanette Kirby, were in fact cut by the same machine and cut within a thousand of each other. What Ackerly and Merrier were able to determine was that of the millions of flux cuffs produced by that manufacturer prior to Jeanette Kirby's murder in 1986, no more than a thousand cuffs shared the distinctive tool marks that were found on both sample cuffs. Now, if you listen to this podcast a lot, you know that I'm usually not easily convinced
Starting point is 00:28:35 by circumstantial evidence. That's evidence that depends on interpretation and inference to draw a conclusion, rather than fact. For example, eyewitness testimony is known as direct evidence, while an accused bank robber being found with a stash of cash is circumstantial. You have to assume that the suspect stole that money from the bank, rather than winning the lottery or inheriting a pile of cash. In this case, narrowing the two sample cuffs to a pool of just a thousand
Starting point is 00:29:02 among millions on the market is circumstantial. But when you pair that information with Dram's previous roadside assault, which also included flux cuffs, and Greco's statement that he had given Dram the cuffs, it gets pretty hard not to connect the dots. And that's exactly what Assistant Attorney General Blumer thought as well. Use your common sense, because these were used all over the world. What was the likelihood that all 1,000 possible matches were right here in Lansing? as well. In April of 2001, almost 16 years after Jeanette Kirby's body was found in the Riverbend
Starting point is 00:29:40 Park, David Drayham was charged with her murder. Prosecutor Sam Smith tried the case and presented the jury with Ackerley's findings. Like a fingerprint, you can see the pattern. You can show a jury a fingerprint here and a fingerprint there and they can see with their own eyes that gee whiz, those are exactly alike. The same with the tabs. The defense attorney, Gene Turnwald, focused his case on the flex cuff match and the other 999 cuffs on the market with identical markings. If someone drives a car off the assembly line in General Motors and does a crime with that
Starting point is 00:30:19 car, what does that have to do with the very next person who drives a vehicle off the assembly line? Nothing. And that's essentially the argument being made with these flex cuffs being cut with the same tool, you know, from the same manufacturer. Big deal. But the cuff link was just half of the prosecution's case. The other half was Dram's criminal past, and Assistant A.G.
Starting point is 00:30:42 Bloomer was deliberate in illustrating just how important police flex cuffs were to Dram's M.O. I think it was essential to the success of the case that the jury understand that what we had here was a combination of him having access to flex cuffs and him being the type of person who had done this in the past and sure looked like he did it again. On April 21st, both sides offered their final statements and the case went to the jury. It took three long days for them to return with a verdict. Guilty of murder in the second degree.
Starting point is 00:31:21 On the day of Dram's sentencing, Jeanette Kirby's mother, Muriel, was finally given the chance to address the man who took her daughter's life. She's had her day in court. Justice has been served, and that's what we've been fighting for for 16 years. At that hearing, David Dram was sentenced to 60 to 90 years in prison on top of the 80 years he was already serving for assault and rape. His earliest possible release date is January 27th, 2050, at which point Dram will be 93 years old.
Starting point is 00:32:01 Cold Case Files, the podcast is hosted by Brooke Giddings, produced by McCamey Lynn and Steve Dallemater. Our associate producer is Julie McGruder. Our executive producer is Ted Butler. Our music was created by Blake Maples. This podcast is distributed by Podcast One. The Cold Case Files TV series was produced by Curtis Productions and is hosted by Bill Curtis.
Starting point is 00:32:23 Check out more Cold Case Files at aetv.com or learn more about cases like this one by visiting the A&E Real Crime blog at aetv.com slash real crime. At Pluto TV, we're celebrating Black History Month with our curated collection of black and I'll see you next time. Next level comedies, music video channels and more. Brilliant black entertainment, intentionally curated, and all free. This month and always on Pluto TV. Stream now, pay never.

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