Criminal - Red Hair, Gold Car

Episode Date: February 7, 2020

One day Adam Braseel got a phone call from his mother. She said that a man in Grundy County, Tennessee had been murdered, and the police thought Adam had something to do with it. Adam was charged with and convicted of the murder of Malcolm Burrows and assault against Rebecca Hill and Kirk Braden, despite there being no physical evidence against him. And then, 8 years later, Judge Justin Angel ordered a new trial. We speak with Adam Braseel, Judge Justin Angel, and Sergeant Mike Brown. Say hello on Twitter, Facebook and Instagram. Sign up for our occasional newsletter, The Accomplice. Follow the show and review us on Apple Podcasts: iTunes.com/CriminalShow. We also make This is Love and Phoebe Reads a Mystery. Artwork by Julienne Alexander. Check out our online shop.  Episode transcripts are posted on our website. Learn more about your ad choices. Visit podcastchoices.com/adchoices

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That's BotoxCosmetic.com. That's BotoxCosmetic.com. Mr. Burroughs was murdered brutally outside his home in Grundy County, Tennessee. And I believe the testimony and the evidence shown that he was essentially bludgeoned to death. By someone he knew, what were the circumstances of the attack? That is still a mystery. This is Judge Justin Angel. He's a circuit court judge in Tennessee's 12th district. According to trial testimony, shortly after nine o'clock at night on January 7th in 2006, someone approached the home of Malcolm Burroughs in Tracy City, Tennessee. Malcolm Burroughs was a 60-year-old white man.

He was home with his sister, Rebecca Hill, and her 33-year-old son, Kirk Braden, who was sleeping. According to Rebecca Hill, the man at the door was a young white man with red hair. He said he was having car trouble and needed help. He said his car was just up the road. Malcolm Burroughs and the man drove away together in Rebecca Hill's car. And then, the man returned to the house alone. Rebecca Hill said that when he came back, his facial expression was different. She said that his eyes, quote, didn't blink.

They just stayed wide open. He told her that he'd come back for starter fluid. Rebecca Hill was looking for the starter fluid under the kitchen sink when the man hit her on her head with an object she thought might have been a bat or a rod, he hit her repeatedly. She yelled and woke up her son, Kirk Braden. According to Kirk Braden, he pulled the man off of his mother. They fought, and Kirk Braden said he chased the man out of the house and then went next door to call 911. Grundy County Sergeant Mike Brown received the call. He drove to Malcolm Burroughs' house and took statements from Rebecca Hill and Kirk Brayden. They described their attacker

and said he drove away in a gold car. Then, Rebecca Hill was taken to the hospital in an ambulance. Grundy County Sergeant Mike Brown had not seen a gold car, but he had seen a blue car on the side of the road not far from the house. He went to check it out. So I had walked around the car, didn't see anything, looked in the car, and I noticed there was a path going up beside the car into the woods. So I walked back up in this trail about 50, 75 yards, and there lay Malcolm Burroughs, or who I assumed was Malcolm Burroughs. It was laying face down on the ground. And I figured, well, I'd better identify him.

So he had a big, fat wallet in his back pocket. So I took the wallet out, and there was his driver's license, and I identified him as Malcolm Burroughs, put the wallet back. And at that point, I notified the sheriff and the TBI agent to come to the scene. The TBI is the Tennessee Bureau of Investigation. So probably an hour or hour and a half passed by before they arrived. And once they arrived, I turned it over to them. So I didn't, there's not a whole lot of people in that county with red hair.

So I went around all my snitches and asked, does anybody know anybody with red hair. So I went around all my snitches and asked, does anybody know anybody with red hair? Most of them didn't know anyone with red hair, so I come across this one person, and they advised me that they used to sing in the choir down in Pelham with a boy with red hair, and that turned out to be uh adam brazil so the next morning when i saw the sheriff when i came on shift i told him i says uh i got a possible you know subject with red hair

he's adam brazil lives in estill springs we went to the house of his mother where he was living and knocked on the door. His mother answered the door and she says, can I help you? And I said, we're looking for Adam. Is he home? And I said, his pickup's out in the driveway. And she goes, no, he's not here. I said, well, when's the last time you saw him? She goes, well, yesterday.

So that put him away from home the night this occurred i asked her i said well what's he driving if his pickup's here she goes well he's driving a small gold car my honda i said okay i'm with some friends and i walk into my buddy's house and we found out his mom's telling me to call. And so I called home and found out my mom was like hysterical and freaking out that this guy Malcolm had been killed. But then right after that, she said that they think you said you had something to do with

it. In January of 2006, Adam Brazil was 22 years old, working for UPS. He'd grown up in Grundy County, but since moved to a neighboring part of the state. He was back for the weekend to ride four-wheelers with friends. Adam remembers that his mother wanted him to stay where he was. She said she would come to him. She doesn't want me to leave. She's afraid if I leave that the police will shoot me or something and say that I tried to escape or something crazy.

She was really worried about that. She got there. The officers followed her. And that's when it all began. We followed them to the police station. They asked me just a few questions. I give them my car. I give them my hat, my clothes, anything they ask for.

Not only did I not do it, I didn't even know nothing about it. So I was definitely willing to help in any way I could. Basically, that night, you know, they let me go. And then they called me one day. I was at Walmart. And they said, you come in or we're coming to get you. And so, you know, I have nothing to hide. You know, I've been willing.

I've been working. You know, I worked with them the whole time. So here I go. I go up there. Well, that's when they arrested me. Well, when they arrested me, you know, that was a smack in the face. It wasn't kind of working out like I thought it was going to work out, you know. Here I am getting arrested for this now, not just getting accused.

It was very scary. You know, I wanted to pretend I was kind of tough. And so here all this is going on, and I'm thinking, man, this is crazy. It still hadn't registered, you know, the situation that I was in. Adam Brazil was charged with first-degree murder, felony murder, aggravated assault, and burglary. He told us, I was still thinking everything was going to work out. I'm Phoebe Judge. This is Criminal. Sergeant Mike Brown saw an article in the Grundy County Herald that Adam Brazile was going to trial.

Just a few months after Malcolm Burroughs' murder, Sergeant Brown had retired. His wife passed away, and he decided to get out of Tennessee altogether and move to Florida. But he kept up with the news in Grundy County, and when he saw a newspaper story about the upcoming trial, he was surprised he hadn't been notified by the district attorney. So, he says, he called the DA himself.

I called the office and I said, do you need me up there for the trial? I said, I was the first one on the scene, found the body. I said, I'd come up with that in Brazil. And it was the receptionist, I guess, or the secretary in the office there, and she put me on hold, and she got back on. She goes, no, the DA says they got it handled. You don't need to come up here. And I said, okay.

The trial began in November 2007. Here's Adam Brazeal. I'm actually excited to go to trial. I'm ready to get this over with, you know. No skeletons in my closet, so let's do this. And the truth is going to, you know, it's going to come out. Why would I have anything to worry about? We're dealing with a justice system.

I have nothing to hide, so I'm excited. Because there's no physical evidence connecting you to the scene. No DNA, no blood, no hair. Nothing. Absolutely nothing. There is no physical evidence linking Adam Brazeal to the crime, but there were two witnesses who identified him as their attacker. Malcolm Burroughs' sister Rebecca Hill and her son, Kirk Braden. They first identified Adam Brazeal in photographs shown to them,

and they also identified him in the courtroom during the trial. Rebecca Hill pointed and said, he's right there. You'll never forget something like that if it happens to you. It's humiliating to be sitting in that seat And being called a murderer And someone, you know, to be pointing their finger at you It's like someone's sitting there spitting in your face And you can't do nothing about it

One motive, as outlined by the state, was robbery. A TBI agent testified that when he arrived at the scene where Malcolm Burroughs' body was found, there was no wallet. This contradicted what Sergeant Mike Brown says he observed when he arrived on the scene and what he told us he documented in his police report. But Sergeant Mike Brown had not been invited to testify, even when he called the DA and volunteered. A different Sergeant Brown did testify, Sergeant Troy Brown from a different county. When the prosecutor asked how much he knew about the case, Sergeant

Troy Brown responded, quote, a little. Apparently they got this Troy Brown and made it look like he was me. Sergeant Mike Brown. And he wasn't from our county. He was from the joining county. Had nothing to do with this case whatsoever other than, from what I can understand, he, uh, TBI had him watch Adam's house down there to see when Adam came back. But he never had anything to do with the crime up there or investigating it. What did you think when you were not invited to testify?

Did you think that this was odd? Was this different than any... Oh, yeah. I thought it was very odd. After deliberating for about three hours, the jury found Adam Brazeal guilty. He was convicted of first-degree murder of Malcolm Burroughs, an aggravated assault against Kurt Braden and Rebecca Hill.

And what was the sentence? He was essentially sentenced to life in prison. And he was, I believe he was convicted at age 24. He would not be eligible for parole for 51 years. By then, he'd be in his mid-70s. Um, you don't know what to do necessarily. You know what they're saying is not true. And I had hope that that truth would come out. And it wasn't the case. Adam Brazeal was taken immediately into custody. And here I am in county jail for the first time ever spending a night in jail in my entire life.

And that TV, that TV was on. And there was a commercial for, like, a fast food restaurant. And when I watched that commercial, it clicked in my head that I wasn't able to just get in the car and drive and go get that food. I knew at that time that everything had changed. I had no idea what we were going to do, how we were going to fix this. I was depressed.

I was unbelievably depressed. Adam Brazeal appealed his conviction. He asked the appellate court to consider that there were no witnesses to the murder of Malcolm Burroughs and no physical evidence. His appeal was denied. He asked the Tennessee Supreme Court to look at his case. They declined. But he had another option. He filed for what's called post-conviction relief, arguing that he'd had ineffective assistance of counsel,

unhelpful lawyers. He had exhausted his appellate rights at that time, so it came back in front of the circuit court, which I preside, on a post-conviction matter, and he was requesting a new trial based upon ineffective assistance of counsel and some other grounds. So I was able at that time to delve into the case and to really dissect it and to determine whether or not I believe Mr. Brazil received a fair and constitutional jury trial, which was my job. My job was never to determine guilt or innocence in this case. It was simply to make sure that the constitutional provisions set forth by our founding fathers

was adhered to at Mr. Brazil's original trial. Did you see problems with his first trial? I did. It's rare that we get to speak to a judge on this program. When we approach them for interviews, they usually say no. Judge Angel remembers that he hadn't even heard the name Adam Brazil before the petition for post-conviction relief came across his desk in 2015. The only thing that tied Mr. Brazil to the case at all was the identification of him as a person who had red hair and a gold-colored vehicle.

So in looking at the case, I found that he had no criminal history. He had Mr. Brazil I'm speaking of. No history of violence. No connection to the deceased. No motive. He was found, there was no DNA evidence found upon him or his clothing or his vehicle. There was never any confession. He had an alibi, and he maintained his innocence throughout this entire process. So how did he get convicted?

He was convicted upon the identifications of the two people inside the home. They were able to, through a photo lineup or a photo array, they were able to point out Mr. Brazil as the person who had attacked them. I found that there were some issues with that. Grundy County Sheriff Brent Myers testified that he'd been at his desk cutting out potential mug shots to use to create a photo lineup when Kirk Braden came in unannounced and pointed at the picture of Adam Brazeal.

The sheriff said he couldn't remember how the photos had been arranged on the desk, or how many were face up and how many were face down. Rebecca Hill initially testified that she'd identified Adam Brazeal when police visited her a day or two after she'd been released from the hospital. And then later, she said she'd been heavily medicated at that time. She later testified that she'd identified Adam Brazeal in a photo lineup at the jail. The lineup she was shown contained photographs of eight men. Not everyone had red hair.

One of them was Adam Brazil. I found that potentially the way and the manner in which the police presented those photo lineups were unconstitutional, and that still was debated. And also that at the trial, since that was the only thing that tied Mr. Brazil potentially to the case, that the issue of identification should have been vetted out. And the criminal defense attorneys that Mr. Brazil had at the time, and this is being an armchair quarterback, able to look at it through a different lens later, but since that was the only issue that linked Mr. Brazil to the crime, I thought the identification aspect should have been highly sought out and brought up to the jury and explained thoroughly, and it simply was not

at the jury trial. Did the prosecution have any other good glaring. And I delivered my opinion on Christmas Day of 2015. In that opinion, I did find that Mr. Brazil was denied his constitutional right to a fair trial. I set aside his convictions and I ordered a new jury trial. In January 2016, Adam Brazeal was released from prison after more than eight years. He was free to go home and wait for a new trial. What was the first thing that you did when you got out? I definitely hugged my mama. That was the first thing that I did.

And then later that night, we all came to the house and celebrated. Things were working out. That was some good days to have this incredible judge that come out of nowhere like a godsend. He saved my life. Ten months later, after Mr. Brazil was out of prison, the Court of Criminal Appeals released their opinion. Based upon my decision, the state had, of course, appealed my ruling. And at that time, the Court of Criminal Appeals essentially agreed with my findings but disagreed with my conclusions. They acknowledged that there may have been some issues at the trial,

but the standard for them on review was whether or not it would have made a difference at trial. They made the decision that it would not have. And so they reversed my decision and ordered Mr. Brazil to be put back in prison to serve his sentence. I was going to spend the day with my mom and going to take her to the doctor and go out to eat and knock on the door, look through the peephole, and this individual was dressed up like a bounty hunter. And I thought, I don't know, what's this? And I opened the door, and he said,

Adam, you're going to have to come with me. Support for Criminal comes from Apple Podcasts. Each month, Apple Podcasts highlights one series worth your attention, and they call these series essentials. This month, they recommend Wondery's Ghost Story, a seven-part series that follows journalist Tristan Redman as he tries to get to the bottom of a ghostly presence in his childhood home. His investigation takes him on a journey involving homicide detectives, ghost hunters, and even psychic mediums,

and leads him to a dark secret about his own family. Check out Ghost Story, a series essential pick, completely ad-free on Apple Podcasts. Hey, it's Scott Galloway, and on our podcast, Pivot, we are bringing you a special series about the basics of artificial intelligence. We're answering all your questions. What should you use it for? What tools are right for you?

And what privacy issues should you ultimately watch out for? And to help us out, we are joined by Kylie Robeson, the senior AI reporter for The Verge, to give you a primer on how to integrate AI into your life. So, tune into AI Basics, How and When to Use AI, a special series from Pivot sponsored by AWS, wherever you get your podcasts. What a horrible thing to think that you're free and then to get a call one day saying, just a joke, you're going back. I can't even imagine. Judge Angel had granted Adam Brazeal's petition for post-conviction relief, but the state appealed and the higher court sided with the state. They reversed Judge Angel's ruling,

and in October of 2016, Adam Brazeal was sent back to prison. From Florida, now retired Sergeant Mike Brown, the officer, who was the first on the scene, was watching all of this in disbelief. He knew he was the reason that Adam Brazeal was ever considered during the investigation. And he knew that the state's claim that it was a botched robbery hinged on the absence of a wallet. They said there was no wallet on the body, and one of the motives was robbery. But the wallet was there. It was on the body.

When you first got to that crime scene, did you make a written record anywhere of the wallet? Oh, yes, I did, of course. But my record disappeared along with all the other records. When Malcolm Burroughs was murdered in 2006, the sheriff of Grundy County was Brent Myers. Under his watch, all of the documents pertaining to the case allegedly disappeared. Clint Shrum is the current sheriff and has been vocal about how strange he thinks it is that there are no records. When I took office in 2014, he said, all I found was a pencil. Where do you think the wallet went?

I don't know. I wasn't involved in it other than that night and the next day. Because I wasn't an investigator, I wasn't a detective, I was a road sergeant. So do you think that the Grundy County Sheriff's Office fell down on the job, or the TBI fell down on the job? Both of them. Both of them. It just totally got out of hand. I mean, the investigation stopped right there. They didn't look for anybody else. You know, he had red hair.

He wasn't at home with the night this happened. It was just like, okay, we got our guy right here. That's the end of it. Do you feel guilty about the whole thing? Absolutely. Absolutely. That's why I felt I owed him a heck of an apology. I mean, it just ruined his whole life just because he had red hair.

It's kind of rare to hear a police officer say what you're saying. Oh, yes. I mean, it's disgusting what happened here. Sergeant Mike Brown says he felt so guilty that he felt compelled to become more involved in Adam Brazeal's legal effort.

He was contacted by a blogger named Dave Sale. He goes by the name DK Sale. And Sergeant Brown agreed to come forward with what he knew and to make himself available to Adam Brazile's lawyers. D.K. Sale had begun writing about the Malcolm Burroughs case on his own website. He blogged about the two Sergeant Browns and about the missing case files. D.K. Sale says it was common knowledge around Grundy County that Malcolm Burroughs was a drug dealer who sold pain pills. Everyone knew about it.

Malcolm Burroughs had a 2003 felony conviction for selling prescription drugs. The Tennessean newspaper described Burroughs as having, quote, no shortage of friends and enemies. But Malcolm Burroughs' criminal history was not brought up at trial as relevant. Adam Brazile's family was doing everything they could to get his case in front of a judge again, especially his sister, Christina Brazile. And then, Adam and his family learned about a new piece of physical evidence, a fingerprint.

They were able to take one fingerprint from Mr. Burroughs' vehicle. The fingerprint was on the inside of a door handle on the passenger side of the vehicle. At the time, the TBI, that's the Tennessee Bureau of Investigation, they were unable to find a match for that fingerprint. So that unidentified fingerprint sat in a file for years. Then every so often, every couple of years, the TBI receives new computers, new software, new capabilities to search those prints and run them through new databases. At that time, a TBI agent happened to open this file, saw that there was an unidentified fingerprint, ran the fingerprint through their system, and finally they received a hit.

That hit came back on somebody who was not Adam Brazil. The fingerprint matched a man by the name of Kermit Bryson, and Kermit Bryson lived in Grundy County. Kermit Bryson had some sort of loose connection with the deceased. Kermit Bryson is now deceased himself because a few years after the trial, he allegedly murdered a sheriff's deputy and then went into the woods and took his own life.

Mr. Kermit Bryson also had red hair, and his girlfriend drove a gold-colored vehicle at the time of Mr. Burroughs' homicide. The TBI had actually matched the print more than a year before. Adam Brazeal's attorney, Alex Little, told reporters that he didn't know why the DA didn't come forward with the results immediately. I can't tell you why they withheld this obvious key evidence from us, he said.

Maybe some people who do this job feel they can't make mistakes. In February of 2019, Adam Brazil's legal team filed a petition announcing they had new evidence. The fingerprint match and also the fact that Malcolm Burroughs' wallet had been found on his body the night of the murder. A hearing was set for June 26, 2019.

Judge Angel presided. The defense for Mr. Brazil were able to present that evidence. They were able to prove to the court that the wallet was found on Mr. Burroughs' deceased body, and that the defense did not know about this, and that that deputy was never called to the stand to testify about this, any proceeding in the case. We also found out that the fingerprint did match Mr. Kermit Bryson. There was testimony entered of photographs that showed Mr. Bryson at the time of the homicide

in a side-by-side comparison with Mr. Brazil, and they looked similar. They both were almost the same build, same skin tone, both had the red hair, and they matched each other. Even a TBI agent who testified for the state testified that they looked alike, that Mr. Brazil and Mr. Bryson did look alike. And there was also new evidence that was presented that after the homicide and before his suicide, Mr. Kermit Bryson confessed to a friend that he was the one that actually killed Malcolm Burroughs. Three hours into the hearing, the DA asked for a ten-minute recess. Ten minutes turned into hours of discussion between Adam Brazeal's defense team and the district attorney. And I received word that I needed to take the bench, so I took the bench.

At that time, it was announced to me that a deal, essentially a settlement, had been reached. And what was the settlement? Essentially, the state of Tennessee And what was the settlement? Essentially, the state of Tennessee conceded the murder conviction, the murder charge against Adam Brazil and dismissed it. They also dismissed one of the assault charges against Mr. Brazil. However, they asked Mr. Brazil to plead to an Alford plea, which is a best interest plea,

to one of the assault charges. In exchange for that, Mr. Brazil would be released from prison that day. By taking the Alford plea, Adam Brazil acknowledged that there was potentially enough evidence to convict him on a lesser charge of aggravated assault.

Doesn't that seem kind of wild, that Alford stuff? You know, so clear that this is just to save face or something. You know, doesn't it seem a little wild to you? I can't critique the law and I can't critique the process. I've taken an oath to uphold the law. And it's a provision that is applicable in our courts. Sometimes it's used properly and sometimes it isn't. Essentially what it is is you're accepting the fact that if the state were able to present their evidence at trial, it could result in a conviction, and you're conceding that without admitting any guilt. And that's what Mr. Brazil did in order to secure his freedom that day.

So were you the one who was able to say, Mr. Brazil, you're free to go? Yes. After I accepted that, after a plea, I was able to then order that he be released, that the shackles be removed from him, and that he's declared a free man.

What was the look on his face? Well, you could tell that he didn't know what to think. He was happy. He was in shock. I think he was frustrated by the Alford plea and having to do that in order to be released from prison that day. But I believe he even said, thank you for being a just judge, and that meant a lot to me. You know, even though things worked out for Adam in the end, he did serve an awful long

time in prison. He lost a lot. He was put through the ringer when he was taken back to prison. I mean, I know you probably can't answer this, but we have all of these rules and regulations and laws in place. I wonder if a case like Adam Brazil's makes you question the legal process a bit. Mr. Brazil spent from age 24 to 36 incarcerated. I think about all the things that I was able to experience and enjoy during that time frame of my life. As far as getting married and having a child and getting through law school, getting elected as a judge, just all the things that I was able to experience during that time frame that he essentially was robbed of.

And there are mistakes that are made, and I want to do everything I can to keep these types of mistakes from ever happening again, anywhere, especially in my district and in the state of Tennessee. According to the National Registry of Exonerations, there have been 2,549 exonerations in the United States since 1989. And as they calculate, these exonerees have collectively lost more than 22,000 years. They find that African Americans are seven times more likely to be wrongfully convicted of murder than white people, and 12 times more likely to be wrongfully convicted of murder than white people, and 12 times more likely to be wrongfully convicted of drug possession. Analyzing the factors that contribute to wrongful convictions,

the National Registry of Exonerations finds that the leading factor is perjury, or false accusation, followed by official misconduct. Wrongful convictions are terrifying. I think that everyone has nightmares about someone saying you've done something that you didn't and no one believing you as loud as you say, it's not me, it's not me. It must be a night. Don't you think that's a nightmare? I mean, for yourself, you're a judge, but you're a human being too. What a nightmare situation. It is a nightmare. It should be a nightmare for any judge, any prosecutor, any defense attorney,

any person who's in law enforcement, any innocent American citizen. If the system is not safe for your neighbor, for your fellow man, it's not safe for you. Have you spoken with Adam Brazil since? I have. So that decision and hearing where I released him was on a Friday. The following Monday, I was able to stop by his family's home in Pelham, Tennessee, and meet with him and essentially apologize to him. He got out of the truck, and he walked up. He shook my hand. We hugged. I asked him, I said,

well, what do I call you? Do I call you Your Honor or, you know, Judge Angel? And he said, call me Justin. And we went over and sat down and he apologized on behalf of the justice system for what had been done to me and my family because he knew nobody else was going to apologize. And I really respect him. My words will never be able to explain the gratitude that I have for this man and his decision.

Adam Brazeal has been out of prison for six months now. He spent a third of his life behind bars, and he says sometimes he still can't believe that he's out. And to be able to, like on the way over here, I was in a traffic jam, and I was running a little late. I could have panicked. I could have felt anxiety, and I did for a moment. But then I thought, I'm so thankful to have the opportunity to get stuck in a traffic jam.

When I get lost in Nashville, when I'm in Nashville, it's the same perspective. I lost my keys. Speaking of the car again, I lost my keys the other day, and I was so thankful for the opportunity to have a car and to have the opportunity to lose my keys. And it's just a unique perspective on life now that I have. Yeah. And I'm having the best days of my life out here. Well, I want to thank you very much for taking the time and sitting in traffic and coming to talk with us. Your story is really incredible, and we're so happy to speak with you and to speak with Judge Angel, and we're very happy to put this all together.

All right. Thank you so much. Okay. Bye-bye. Bye. Criminal is created by Lauren Spohr and me. Nadia Wilson is our senior producer. Susanna Robertson is our assistant producer. Audio mix by Rob Byers. Julian Alexander makes original illustrations for each episode of Criminal. You can see them at thisiscriminal.com, where you can also subscribe to our newsletter, The Accomplice. We're on Facebook and Twitter, at Criminal Show.

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