Criminal - The Night of the Party

Episode Date: December 4, 2020

When Nathan Myers and Clifford Williams were charged with the murder of Jeanette “Baldie” Williams in Jacksonville, Florida on May 2, 1976, neither of them were worried they would be convicted. They had dozens of witnesses that could confirm that they had been at a party when the shots were fired. But during their trial, not a single one of those witnesses was asked to testify. The prosecution’s entire case rested on the testimony of a woman named Nina Marshall, who'd been in bed with Jeannette Williams at the time of the shooting. Nina Marshall herself had been shot three times, but said she recognized the men who had shot Jeanette Williams, and that they were Nathan Myers and Clifford Williams.  We speak with Nathan Myers, the director of the Conviction Integrity Unit for Florida’s 4th Judicial Circuit, Shelley Thibodeau, and with forensic artist Jim McMillan. 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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In 1976, an 18-year-old named Nathan Myers graduated from high school and moved into an apartment on Morgan Street in Jacksonville, Florida. His roommate was a 26-year-old woman named Jeanette Williams. Everyone called her Baldy. She worked at a car wash. And Nathan says they were great friends. She cooked big dinners for him every Sunday. And then, one night in May,

Nathan was invited to a birthday party on his street. And my uncle, he's the one who really told me about the party. I was put off a trip because I was going to go to Philadelphia that night. But he said, well, we need to go to this party. And he said, I promise the people there are going to bring you with me. I said, okay. And I went to the party.

Nathan Myers spent a lot of time with his uncle, Clifford Williams, even though Clifford Williams was much older than Nathan, and they went to the party together, along with Clifford's pregnant wife, Barbara Williams. There were a lot of people at the party, and at approximately 1.30 in the morning, they heard gunshots. About 20 minutes later, someone said police were down the block.

Everyone went outside, and Nathan says he could see police cars right in front of his apartment. So I jogged on down to the complex, and I go up there. So I see the police standing at the door. So I go and say, excuse me, excuse me, what's going on? And the man said, who is you? I told him my name is Nathan Myers, and I live here. He said, you live here I said yes

he said well we got one female all look deceased and another one at the hospital I said oh yeah he said can you identify which one it is I said I sure can so he said well come on in

don't step in no blood. He shouted a flashlight on the floor, so I go to the room. I went to the room. I see Baldy, which is Janet Williams, was laying on her stomach. I turned back around. I came out, and I saw the crowd that had gathered up there. I said, man, that's Baldy in there, Baldy like she did. At the time of the shooting, Nathan Meyer's roommate, Jeanette Williams, or Baldi, was asleep in bed with her partner, Nina Marshall. Nina Marshall had been shot three times, once in the arm and twice in the neck.

She managed to escape the apartment and flag down a passing car to take her to the neck. She managed to escape the apartment and flagged down a passing car to take her to the hospital. She said she and Jeanette Williams had been sleeping. The TV was on. She said she thought she heard the front door unlock. She fell back asleep. She said two men came into the bedroom and stood at the foot of the bed. They covered their guns with pillows or blankets and fired until both guns were empty. Then they turned, closed the bedroom door and left through the front door, locking it behind them. Nina Marshall told police she knew exactly who the men were. She could see their faces in the light of the television. Nathan Myers and his uncle, Clifford Williams. Here the police came to me and said, your name Nathan Myers?

I said, yes, sir. They turned around, you're under arrest. I said, for what? They said, you're under arrest. So I turned around and cuffed up, and they put me in a separate car. It took us about a time, man. I was kind of afraid a little bit.

I didn't know what was going on. I'm Phoebe Judge. This is Criminal. Nathan Myers and Clifford Williams were charged with the first-degree murder of Jeanette Williams and the attempted murder of Nina Marshall. Clifford Williams had a criminal record. He'd been arrested more than 20 times, mostly on drug charges. He was well known by the Jacksonville police and people in the

neighborhood as a heroin dealer. Still, his nephew Nathan remembers not worrying. There were so many people who'd seen them at the party that night. At the exact moment the gunshots were heard, he thought surely when people heard the whole story, everything would clear itself up. And what my lawyer told me, he said, listen, we don't need to use your witness because they have to prove you're guilty.

And I said, well, they can't prove me guilty. So I'm taking his advice. I have 30, 40-something witnesses to state that I was there, what time I got there, where was I sitting, what was I eating, you know what I'm saying? I had all these people that were testified there. But some kind of way, you know, he told me that I don't need them. I don't need them.

Nathan and Clifford's defense attorneys declined to call any of the more than 40 people who'd seen them at the party as witnesses. In Florida in the 70s, if a defense attorney waived their right to call witnesses, they could make their closing argument first and then also respond to whatever closing argument the prosecution made. This was the gamble Nathan and Clifford's defense attorneys took. They thought a strong closing argument would be more persuasive than hearing from witnesses who were with the men at the party that night.

Your lawyer, you had all of these alibi witnesses and this plan, and he basically said, don't worry about it. We don't need an opening statement. We don't need these alibi witnesses. They have to prove you're guilty. We're fine. That's right. Exactly what he said. Nina Marshall testified for the prosecution. She told the court what she told the police. She said she'd been able to clearly identify Nathan Myers and Clifford Williams,

even though it was dark in the bedroom, from the light of the television. The state's entire case rested on what she said. The prosecutor told the jury, Nathan and Clifford's defense attorneys argued that Nina Marshall's story, quote, did not make sense. They emphasized her history of drug use. Neighbors described her as a heroin addict and said she had a reputation for failing to pay drug dealers. She'd been arrested before, and sometimes used a different name. Nina Marshall herself said she'd stopped using heroin

two or three days before the shooting, and was using methadone. She acknowledged using methadone and smoking marijuana before going to sleep on the night of the shooting. The prosecution had offered Nathan Myers a plea deal in exchange for testifying against his uncle. If he cooperated, he'd only serve five years in prison. He'd be out by the time he was 23. But he refused.

He said he knew his uncle didn't do it. They'd been together, and they were innocent. The trial lasted two days, didn't do it, they'd been together and they were innocent. The trial lasted two days, and the jury deliberated for just under three hours before reaching their verdict. Oh, when the verdict was read, wow, you know, I thought my brain was going to explode, because I couldn't believe it. A life sentence.

Life in prison. And 30 years. Life sentence for the murder, 30 years for the Temple murder. 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.

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18-year-old Nathan Myers was sentenced to life in prison for the murder of Jeanette Williams, plus 30 years in prison for the attempted murder of Nina Marshall. His uncle, 34-year-old Clifford Williams, was sentenced to death. Clifford Williams spent four years on death row before the Florida Supreme Court changed his sentence to life in prison. Nathan says he did all he could to not become completely hopeless. I had a very, very strong family from my grandmother, grandfather, you know,

and they instilled a lot in us because they mostly raised us because that's where we always lived at. And I couldn't show that kind of weakness because that would have been a sign of weakness. So I couldn't do that. It would have been unacceptable in my family for me to do that. Clifford and Nathan filed post-conviction motions for decades. They always said they were innocent.

They filed public records requests, asking to see information relating to their own case. Nathan says he asked the court to please interview people from the party, but it was all denied. They hit dead ends at every turn. Decades passed like this. Nathan celebrated his 30th birthday in prison, then his 40th, and his 50th. So I just dealt with it and tried to fight it. I kept getting knocked down, kept getting knocked down, kept getting up. You know, so I had to take a break. Then I ran across one of my best friends. We raised up in the same neighborhood, went to school together.

Ate at the same table. His name was Tony Brown. Tony Brown was moved to the same prison as Nathan Myers. Shortly after reconnecting, Tony Brown was moved to the same prison as Nathan Myers. Shortly after reconnecting, Tony Brown told Nathan about a man named Nathaniel Lawson. He said that back in 1993, he'd just gotten out of a different prison and was hanging out at a place called Deuces on Pearl Street in downtown Jacksonville when he was approached by Nathaniel Lawson. They started talking.

They each told stories about crimes they'd committed. Nathaniel Lawson said that Clifford Williams and Nathan Myers were serving time for a shooting that he had committed. He said that he was paid by a heroin dealer to shoot Nina Marshall because she owed him money. Nathan Myers asked Tony Brown to write down the information, sign it, and submit it to the court. Tony Brown agreed.

And then Tony Brown told Nathan Myers that he was going to help him as much as possible with his case. And this man here was so good in the law, he kept me in the law library, cases after cases, going over cases that got overturned, that some of my cases and stuff like that, you know,

and we worked, we worked, we worked. And he was sitting there, he was reading the Jacksonville Journal, Time Union, and I was sitting on the other bed reading the USA Today. He called me. He said, Nate.

I said, yeah. He said, boy, you need to come check this out. You might want to read this out. I said, yeah, Bill. He said, no, you need to come right now. I go to his right. He showed me the paper where the state attorney was trying to get an interrogator unit together. He said, you need to write them.

So I wrote them. In January of 2017, Nathan Myers sent a letter about the newly forming Conviction Integrity Unit. He wrote, Dear State Attorney, I pray you please excuse my intrusion. I am writing this letter after reading an article in the Florida Times Union in which you were starting a group to seek out and reverse wrongful convictions.

For the past 42 years, I've been in prison faced with the prospect of dying in a prison cell for a crime I had nothing to do with. I was 18 years of age at the time of these crimes. Today, I am 59 years old, having spent 42 years in prison for a crime I did not and could not have committed. Conviction integrity units are relatively new. Sometimes they're called post-conviction units

or conviction review units. And they're often described as aviction units or conviction review units. And they're often described as a sort of in-house innocence project, a way for state attorneys' offices to look back and try to correct cases where the office may have made a mistake. There are about 60 of them today. A former defense attorney named Shelley Thibodeau was hired to be the director of the Conviction Integrity Unit for Florida's Fourth Judicial Circuit, the first in the state. By the time I arrived in the office in January, there were 80 letters sitting on my desk waiting for me. And Nathan Myers had read that article, you know, in prison.

And so he started writing the office, you know, hey, when you have the unit up and running, will you please reach out to me? I have a case that I would like for you to investigate. And his letter sat on the desk for a year before I arrived. And then when I arrived, I started going through the 80 letters that were waiting for me. And there was something about the tone or the tenor of his letter that just struck me as being, you know, believable, plausible. It intrigued me. And so, you know, following the protocol that we had set up, I sent Nathan Myers back a letter asking him to fill out the petition. And when he returned the petition to me, he attached, you know, he kind of set forth in the petition, you know, his arguments

and the story. And then he attached a bunch of documents. Along with the documents, Nathan Myers sent a diagram that he had drawn of his old apartment and the bedroom where the shooting had occurred. You know, I'm thinking to myself, if I'm in prison and I've been wrongfully convicted, you know, this is the sort of thing that I would be doing to try to convince somebody of my innocence. I would be attaching documents. And after reading the petition, my initial thought was, you know, if in fact what he is saying is true, you know, there could be something here. And so that then started the whole investigation process.

Shelley Thibodeau began her investigation by reading the transcripts of the trial that had taken place more than four decades earlier. So I think right away, I think right after I read the trial transcripts and I realized that there was no physical evidence that linked either one of them to these crimes. The only evidence that the state attorney's office put forth at trial was the word of the surviving victim. And so when it came, became pretty clear to me that, you know, in fact what Nathan was saying appeared to be borne out by what I was reading. I, you know, it, I became obsessed at that point in time with doing a deep dive into what happened.

Nina Marshall had testified that Clifford and Nathan had stood at the foot of the bed and fired their guns directly at the women in bed. But looking back through the case files, Shelley Thibodeau realized that nothing about the physical evidence found at the crime scene supported that account. There was a hole in the bedroom window. And so the detective that came out to the scene initially made a notation that, you know, in the 70s, right, you have a screen on the window, but in the 70s, the screens were made out of aluminum, you know, some sort of metal.

And so the detective had actually made a notation in the report that the metal prongs around the hole pointed inward towards the bedroom. Indicating that the bullets came from outside the apartment, through the window. And the glass window was shattered and had a hole in it. There was a notation that there was glass found on the victim's bed that was located underneath the window. No forced entry anywhere. And as a matter of fact, the door was locked, which I also thought was very strange. You know, I've just committed this horrible crime. I've shot up two people who I know. I mean, I know these women. I've gone into their bedroom. I've shot them in cold blood. And then I'm going to lock the apartment door as I'm leaving. I mean, I thought that was a very bizarre fact. And it just never sat well with me.

Why would you do that? And then, in addition to the physical findings at the scene, we also have the bullets. Shelley Thibodeau found that six bullets were recovered from the scene, and crime lab analysis from 1976 showed that they were all fired from the same gun. Nina Marshall had said there were two guns. And I was like, well, that's really interesting because she's adamant that there were two people in her bedroom and both people were firing shots. And so where did the other, you know, where did the other shots go? But in a revolver, there would have been six shots. So it accounts for one gun being fired. The shooter fired all of the projectiles out of that firearm.

And there was no evidence that there were actually two firearms involved in this crime. In addition to that, Phoebe, these men were arrested very shortly after this crime took place. And both of them had gunshot residue tests done on their hands. And those gunshot residue tests were sent off to be analyzed. And neither one of them had, you know, gunshot residue located on their hands. And I was like, well, that's really interesting. Shelley Thibodeau's next step was to bring photographs from 1976 to the current medical examiner to get another opinion of the wounds on the victims' bodies. I'm not telling her about the case. You know, I'm trying to be very cognizant of not providing

information to anybody that I used as an expert because I don't want to taint their thought process. So we start going through the photographs, and right away there's an entrance wound on the decedent's arm, you know, on her left arm and on the backside of her left arm. And so the medical examiner looks at me and she says, oh, well, this is an irregularly shaped entrance wound, which means that the bullet that struck her arm had to have hit something else, and then it tumbles, and then it hits the arm tumbling. So it's not circular, as you might expect, you know, if you were shot, and it just makes its way directly into your skin. And, you know, and I had missed that. And I was like, it was like a light went off for me. I mean, I already had my theory and I was already fairly

well convinced. But when she said that, I was like, of course, you know, that bullet is the first bullet that was fired and it struck the screen and the glass. So that was the intervening object that it hit and it starts to tumble and, you know, it hits the back of Jeanette Williams' arm. And if, in fact, the shooters had fired from inside the bedroom, as described by Nina, you know, there was no intervening object for the bullet to have hit. She tracked down as many of the people from the birthday party in 1976 as she could and interviewed them. She spoke with Jeanette Williams' family members. She tried to locate Nina Marshall, but she had died in 2001. She also learned that Nathaniel Lawson,

the man who had previously told Tony Brown that he was the person who committed the shooting, had died also. When you found yourself getting deeper and deeper and reading more and more, I mean, did you find yourself, as you say, you kind of became obsessed with this? I became obsessed because, you know, it's becoming more and more clear to me that these men have been wrongfully convicted. And, you know, at the time, Phoebe, I'm 48. You know, I'm now 50. But at the time I'm investigating this, I'm 48. And I'm thinking to myself, these men went to prison when I was six. And they've spent almost my entire lifetime in prison

for something that they didn't do. And I'm just thinking to myself, my entire lifetime, you know, these men have been in prison for something they didn't do. And so it became, you know, very urgent for me to continue my investigation as quickly as I could while being diligent so that we could get to a place where I'm presenting this to, you know, the courts and the courts making a decision about what they're going to do. But I did towards the end of 2018 became fairly frantic. At that point in time, I had met Clifford Williams. And, you know, he was in his mid 70s. You know, I want to say he was 76 at the time. And he's, you know, from my perspective, frail. And I'm thinking, you know, this man may not have a lot of time on this planet and I needed to get something done. Are you looking to eat healthier, but you still find yourself occasionally rebounding with junk

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brands around the world. Find the unforgettable at autographcollection.com. I mean, once you hear something like that, you want to make it right, you know. You can't get that time back for those guys, obviously, but, you know, they shouldn't, we didn't want them to be in there one day longer than they had been. Jim McMillan is the forensic artist for the 4th District State Attorney's Office in Jacksonville. It was a consuming kind of thing because once we knew this was wrong, then we had to figure out, okay, well, how can we make it right? And that was not a simple thing. It wasn't a simple thing legally. It wasn't a simple thing to prove, you know.

I had kind of a naive view of how the system worked, even after having been in it for a long time. I found it difficult to believe that someone could be convicted of murder and put in prison for 43 years, and they didn't do it. It was disturbing to know that not only can that happen, it has happened way more often than it should have. Jim McMillan used computer programs to model potential bullet trajectories and even mapped out the dimensions of the apartment in the basement of the state attorney's office. I taped out the dimensions of the room on the floor in the other room there so I could get a better sense of the size of the room and where people had to be, you know, and all of those things just made it more clear

that it didn't happen the way the jury was told it happened. And the more he and Shelley Thibodeau dug, the less possible Nina Marshall's version of events seemed. I don't believe she was lying. She just doesn't know what happened. She was awakened in the middle of the night by someone shooting at her, and she just, you know, her mind put together pieces that, you know, that just weren't what happened.

The Conviction Integrity Unit's report notes that while Nina Marshall's account was inconsistent with the evidence, quote, this was clearly a traumatic event. Victim Marshall was asleep. The bedroom was dark or dimly lit at best. She was shot three times and bleeding profusely. She believed her romantic partner had been shot and killed. This event happened over a matter of seconds, and this would have been frightening. Nathan Myers says that during his correspondence with Shelley

Thibodeau and the Conviction Integrity Unit, he tried to keep his uncle, Clifford Williams, out of it. He was scared to get his uncle's hopes up. He don't need no color. Whatever is good for me is going to be good for him because I fight for both of us. He was scared to get his uncle's hopes up. In July of 2018, the Jacksonville Sheriff's Office gave Nathan Myers a polygraph test. He was asked three questions.

Did you shoot either of those women? Did you shoot either of those women in May of 1976? Did you shoot either of those women at 1550 Morgan Street, Apartment 1? I passed them flying cutters. Even the lady that gave the polygraph test, I ain't never seen nobody pass a test like that. That good. I said, because I'm going to tell you the truth, that's why. I'm not telling you no lie.

The detective who administered the polygraph wrote in her report, no deception indicated. You know, it was sort of the trifecta of cases. We had alibi witnesses that weren't called. We had physical evidence that supported their innocence. And then ultimately we had another man who had confessed to having committed the crime. In February of 2019, Shelley Thibodeau concluded, quote,

The Conviction Integrity Review Division recommends to the Honorable State Attorney that a determination that the office has lost faith in the convictions of both Defendant Myers and Defendant Williams is warranted. She wrote, these men would not be convicted by a jury in 2019 if the jury were presented with all the exculpatory evidence. Shelley Thibodeau asked the Innocence Project of Florida to represent Nathan Myers and she asked attorney Buddy Schultz to represent Clifford Williams, pro bono, which both of them did.

On March 28, 2019, Nathan Myers and Clifford Williams went back into court, 43 years after their convictions. They were released from prison that day. All I needed to do was just get to a real spot. I need to get me a spot. I found me a spot up on a nice palm tree. And I got down on my knees, kissed the ground. Thanked my Lord and Savior for their freedom.

Some I've been praying for, some my mother been praying for, my sister, my whole family been praying for that day. And the bad thing about it, neither one of them lived to see that day. You know, that was all the most hurting things and everything. I came home to no one. He was 61 years old

when he was released from prison. The state paid him the maximum amount allowed by the Florida Victims of Wrongful Incarceration Act, $2 million. Today, he lives in Orlando with his wife. I'd never been to Orlando in my life until I got out of prison.

How do you like it? It's decent. I met some pretty good people here, you know and On my wife's family side, you know, they're real good people, you know, and I go to different places. We go out shopping, go to the mall, cause they love shopping You know what I'm saying? We go to the mall and stuff. They love to go out and eat and stuff like that Then we do those things together, you know, and that's about I do. I come home, most of the time, watch TV.

You know what I'm saying? I don't go out in the street. I do not hang out. When it's dark, I'm at my house. Nathan's uncle, Clifford Williams, was 76 years old when he was released from prison. He's been having some health issues and was content to let his nephew Nathan speak for both of them. Clifford Williams moved back to Jacksonville, where he recently got married. Earlier this year,

the Florida legislature unanimously voted to pay him $2.15 million, $50,000 for each year he was in prison. Let me ask you something. For those men that you were in prison with, the men that were in the law library with you and working to free themselves, what would you tell them now after it having worked for you? What would you tell those men who are still there just hoping they get a chance to prove their innocence?

I'd tell them don't give up, man. You know you're innocent, and you know some of the stuff that you're fighting, you fight in that book to free you. Keep looking. Keep filing. Audio mix by Rob Byers Julian Alexander makes original illustrations

for each episode of Criminal. You can see them at thisiscriminal.com or on Facebook and Twitter at Criminal Show. Criminal is recorded in the studios of North Carolina Public Radio, WUNC. We're a proud member of Radiotopia from PRX, a collection of the best podcasts around. I'm Phoebe Judge. This is Criminal.

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