Serial - The Last 12 Weeks - Ep. 4
Episode Date: June 18, 2026To justify sentencing David Wood to death, prosecutors argued that he was a convicted rapist turned serial killer. And yet, Wood has insisted all along that isn’t true. We head to death row to hear ...him tell us why. But not before a victim of his earlier crimes has her say about the kind of person she believes he is. To find out about new shows from Serial Productions, and get a look behind the scenes, sign up for our newsletter at nytimes.com/serialnewsletter. Have a story pitch, a tip, or feedback on our shows? Email us at serialshows@nytimes.com Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Transcript
Discussion (0)
Most prisoners on death row are not pursuing innocence claims.
David Wood is rare in that sense.
His lawyers aren't arguing about whether he should die for his crimes,
but about whether he committed them at all.
An argument that big, that fundamental,
tends to lock people into their corners.
He's either a serial killer or an innocent man.
It makes it tougher to honestly assess
some of the more basic questions I have about David Wood.
What kind of person is he?
and more to the point, what exactly is he capable of?
The last time anyone seriously took up those questions
was 33 years ago at his capital murder trial
during what's called the penalty phase.
After a jury found David Wood guilty,
they had to come back to court to decide his punishment.
In Texas, juries have to consider
whether or not the defendant poses a future threat to society.
In this phase of the trial,
the jury isn't just judging the crime anymore.
They're judging the person.
And in David's case, they had to do a risk assessment.
Back then, life in prison without parole wasn't an option in Texas.
So if the jury thought David Wood might kill again,
the only surefire way to prevent it was to execute him.
Prosecutors made the argument for the death penalty
by bringing up David Wood's past crimes.
They had a lot to work with.
Before the desert murders, he had three rape convictions,
another conviction of indecency with a 12-year-old girl,
And then, on top of that, three more women and girls had made accusations against him, too,
ranging from attempted kidnapping to rape.
The story of the prosecution told the jury was clear.
David Wood escalated his crimes.
He went from being a serial rapist to a serial killer.
Is there any reason to think he'd stop?
It was a convincing argument, one that's held for more than three decades.
And yet, David Wood has insisted all along that it isn't true.
We're going to death row to hear him tell us why.
But before we head there, we're going to talk to somebody with a very different feeling
about the kind of person David Wood is, one of the victims who testified against him.
From serial productions, the Marshall Project, and the New York Times,
this is the last 12 weeks. I'm Maurice Chema.
Do you want to introduce yourself and how we should identify you?
What I told him was I just want to use my first name.
I don't want to use Christy at 13.
That's how I want you to identify me.
Christy was 13 when David Wood raped her.
She's in her late 50s now
and says very few people in her life
know the story she's about to tell us
about her connection to El Paso's
most notorious serial killer case.
When Christy was in middle school,
she was hanging out at her friend's house one night
and realized she had to get home to make curfew.
Her house was in walking distance,
and she figured she could shave a few minutes off,
by cutting through a park.
But it was getting dark out.
So she called her boyfriend, Henry,
and asked him to meet her along the way.
As she made her way into the park,
she felt footsteps behind her.
At first she figured it was Henry,
trying to catch up.
But Henry wasn't saying anything,
what she thought was odd.
And so I turned around,
but it was dark,
and back then you didn't have streetlights
because it was on a park.
So I was, like, straining.
I remember straining my eyes like,
you know, it doesn't really look like Henry.
And when I realized it,
It wasn't Henry. He jolted forward and took his arm and, like, grabbed it around my neck.
Christy says they started scuffling, and she fell to the ground. She kept fighting, kicking up at him.
I was a gymnast. I was kind of jockey. You know what I'm saying? So I threw my feet up into his chest.
And then he said, knock it off. Stop, you know, quit doing. And I said, what are you doing? What are you doing? You know, get away. And I remember looking over at the house.
To Christy, David Wood seemed upset. As she remembers it,
He claimed she'd thrown a rock at his truck and hit the windshield.
And now he was going to walk her home to explain this to her parents.
Christy had no idea what he was talking about with the windshield, but he was insistent.
She figured maybe this was just a misunderstanding.
And I really, I stupidly probably believed the windshield story at that point.
It was like, you know, you're going to go to my house and my dad's going to tell you you're full of shit.
And we're going to be fine.
Or Henry's going to catch up and you're going to get your butt kicked.
I was in that mindset at that point in time.
But Henry never showed up, and David Wood didn't take her to her house.
Instead, Christy says, he led her to a drainage ditch and raped her.
After it was over, Christy says he disappeared.
She walked home and, still in a daze, took a bath to clean off the blood and gravel.
She eventually reported the rape to the police.
An officer asked her to identify the man and set her up at a table with pictures.
Each one had a part of a face, a kind of DIY,
forensic art puzzle.
Like you were piecing the face together, so you did
hair, lined, forehead,
eye set, nose,
lips, mouth, chimp.
Christy spent several days with these puzzle pieces.
She talked to detectives repeatedly,
rehashing what happened to her over and over again,
when Christy says one of the detectives suddenly had an epiphany
as to who her attacker might be.
He said, son of a bitch,
and he slammed the desk,
and he walked out,
and he came back in and he had about 10 pictures
and he laid them out
and he said, does anybody look familiar?
And I picked him out.
And it was David Wood.
I picked him out.
David Wood, it turned out, had just been accused of another rape
less than two weeks earlier.
The rest happened pretty quickly.
He played guilty to both rapes
and was sentenced to 20 years in prison.
But in the end, he only served seven.
A few years later, he went on trial for the desert murders and was found guilty.
At that point, prosecutors went back to Christy for help.
They wanted her to testify about her rape,
to help ensure David Wood got the death penalty.
Christy was reluctant.
She was newly married, had a job, and a new baby.
She didn't want to have to fly to Dallas for the trial.
I remember being very mad that they were going to subpoena me and sequester me in Dallas
because I had my daughter, and my daughter was like six months old.
And nobody in my immediate existence had any idea that I had any connection to this person.
And it was, honestly, I was angry.
I was really angry that you're going to come disrupt my adult life.
But Christy also saw this as an opportunity.
For the first time in years, she'd be face-to-face with David Wood.
And this time, she wouldn't be a scared 13-year-old.
I stared him down the entire time I testified.
and he didn't look up at me.
I think he looked up at me once.
But I would not take my gaze off of him
because I wanted him to know that I was in control.
It was very much about me having the power back.
Power, control, safety.
This is what Christy says David Wood took from her.
When I first arrived at Christy's house,
I noticed a sort of decoy entrance,
a front door that leads to a long courtyard
before the real front door.
Christy designed this setup herself
so that she can suss out any visitors
before they get too close.
She's two daughters now,
and she acknowledges that her parenting style,
when they were small,
was a little less than relaxed.
I don't let them walk across the street.
I don't let them walk to school.
I don't let them walk home from school.
I never let my kids ride a bike.
I never let my kids leave my side at any store
with both of my daughters
when they turned 13, I told them what happened.
And it connected the dots of why I was such an overbearing mother growing up.
It's almost like he robbed you of a lot of things,
including the ability to like have some chill, some chill with your kids.
100%.
Christy says her daughters, who are both grown and out of the house now,
cautioned her against doing this interview at all.
They didn't see the point of stirring up old trauma.
But Christy has a mission here.
She's eager to talk with us, she says, mostly because she wants to get to you.
My purpose is so there's not a doubt in the listener's mind.
And I'm going to take away that doubt from your mind.
Any doubt that David Wood really is the desert killer.
That's my purpose of all this.
And to make us really understand, she says we need to see where it all went down,
in her old neighborhood in El Paso.
So we'll trace my tracks, and then I'll tell you where the other tracks were.
And then we'll go to where the bodies were found.
And then you can just kind of see how everything's so interconnected.
The tour itself is a tight little loop, much shorter than I was expecting.
In about 10 minutes, we see Christy's childhood home, the park where David would raped her,
and, very close by, the middle school that some of the missing girls went to.
This is where the bodies were found.
Oh, wow, right here.
Yes.
It's compelling being driven around like this,
seeing landmarks of the case
pass by the car window in rapid succession.
So do you see how close?
Yeah, very close.
And his house is down one of these side streets.
Yeah.
Okay.
Christie's argument is an argument about geography,
about proximity.
A serial rapist gets out of prison,
hangs around the neighborhood where he once raped her,
and then girls start to disappear.
appearing. How many explanations could there be? How could it be anyone else? After the tour,
Alvin and I do offer up a few of the problems the defense lawyers have identified, including the lack of
DNA testing. But Christy bats it all away. I know the neighborhood, I know the area, and I know
where the abductions took place, and all of that fits his mantra. So I call BS.
at what point do we start saying that the justice system served their duty
and why does he still have a voice when the victims don't?
There's no ounce of me that feels he's innocent
by 100% convinced that it's him.
People are going to hear about me.
They're going to hate me.
I get it.
I'm just a convict in prison saying I'm innocent.
And they're going, yeah, right, you're lying, piece of crap.
After the break, David Wood.
All the men on death row in Texas are housed at the Alan B. Polanski unit,
named after a guy who was on a prison oversight board,
but also happens to be, of all things, a real estate attorney in San Antonio.
He actually inherited the honor from an insurance executive in Dallas,
who asked to have his name taken off the unit.
He told a newspaper that it upset his mother.
On the day Alvin and I arrived, there are nearly 3,000.
men held inside the prison.
171 of them are on death row.
We walk through a metal detector
and a series of heavy gates
and into the interview room.
There's a row of tiny booths
with phone receivers wired into them.
We're separated from David Wood by Plexiglass.
He's on the other end of our booth in a little cell.
We pass a microphone over
and watch for a second
as he struggles to set it up.
Modern technology, I've been locked up so long.
I don't even know what modern technology is.
David wears an all-white jumpsuit.
He's got long white hair and lots of tattoos.
Looks a little like a roadie for a metal band,
or the biker at the end of the bar.
I was aware, going into this interview,
how fraud it was with expectations, mine and his.
My aim was to get to know David beyond the facts of the case,
who he is as a person.
Was he contrite that he of regrets?
But I got a heads up from his lead lawyer, Greg,
that David mainly wanted to talk about the case.
He saw this as his one chance to set the record straight,
three weeks out from his execution.
So we both had some ambitious goals for this conversation.
And yet one thing that wasn't going to help either of us
was the prison's extremely strict time limit for this interview.
So, yeah, since we only have an hour, you know...
That's it is an hour?
Yeah, it's all of us.
Wow, that's going to go extremely fast.
It's going to go fast.
Let's run through the basics.
David Wood was born in 1957 in San Angelo, Texas.
He was one of four kids,
and his background is familiar for death.
throw, and so much as it was pretty grim.
His mom was institutionalized for mental illness when he was little.
His dad would deny him dinner if he misbehaved.
He struggled at school, hyperactive, couldn't concentrate.
As a first grader one time, he just stood up in the middle of class and started walking
home.
By his teens, he was getting into all kinds of trouble.
I can tell you some stories.
Usually it was bad when I would drink.
I would get drunk.
You just absolutely could not tell me what I could and could not do.
You really can't go much further in David's life story
without getting into his time in prison.
And I mean that in a literal sense.
He's been incarcerated for the overwhelming majority of his adult life.
By my count, he spent a total of three years
in the free world since he turned 18.
He's now 68 years old.
As soon as I got to prison, violence started.
I mean, it was violent from the time I got there.
It was violent the whole time I was there.
Anytime I came out of prison, I came out worse than I went in.
I came out very hostile.
We didn't get very far in our conversation
before I could feel David's frustration.
He wanted to talk about all the problems Greg has identified
in his death penalty case,
but I kept asking him about his prior crimes,
the three sexual assault cases he did plead guilty to.
I wanted to see how David's versions of events
lined up with what I'd read in court documents.
I figured it had helped me suss out his reliability as a narrator.
But David didn't like that line of questioning.
He was eager to speak
speed run through all of his priors.
For example, here he is talking about
a rape conviction where the victim was 19.
It's a long story, and I'll make it short.
I really didn't do that case.
And here he is on another conviction,
this one for indecency with a minor.
The victim was 12.
There was no scratches, no bruises, no injuries, nothing.
An incident happened probably scared the crud out of someone.
So really, like, nothing happened,
but that's pretty much it.
Yeah, okay.
I mean, so...
I don't even really like talking about that.
This is this type of stuff I didn't want to talk about.
Although David did plead guilty to these crimes,
his versions of events were wildly different
from what I'd read in court records.
He downplayed what he did in one assault,
and the other assault he tried to deny entirely.
I wasn't able to talk to those women,
but Christie's story was fresh in my mind.
I asked him to take me back to that night
and describe what happened.
At first, his account roughly lined up with Christie's.
Met her at a park.
I was drinking with a friend of mine.
She was there, started walking back towards her house.
But then it veered sharply.
We started making out by a bridge, by a ditch.
By then, I was kind of loaded.
And we were making out kind of heavy.
Things just got out of head.
I mean, she described it later at the trial
as like a kind of a nightmare for her.
Do you have a...
Yeah, I mean, do you have sort of...
How do you feel about...
It was a bad thing.
I mean, I did a bad thing.
And...
No, what can I say?
It was a bad thing.
I was under the influence.
Now, the law enforcement will tell you that we can't use alcohol or drugs as an excuse.
And everybody who has goes, are you crazy?
Are we really in our right minds when we are drunk or high?
I want to dwell for one more beat on how far apart these accounts are.
Christy described David's attack as intentional, predatory.
David denies the whole rock thrown at the windshield story
and says what happened was basically a drunken mistake.
that got out of hand. I find his way of talking about it off-putting, to put it mildly,
and it doesn't do wonders for his overall reliability. But I also see where it kind of cross-purposes,
David has 22 days before the state is scheduled to execute him for murders he's adamant he
didn't commit. And here I am with all these questions about crimes he already served his time
for. His frustration, while unpleasant and self-serving, was not totally surprising.
Given the time crunch, we move on to what he really wants to do.
talk about, the crux of why he's sitting here on death row. The way he tells it, it started
when he got on the wrong side of some detectives in El Paso. After David got out of prison for
Christie's rape in 1987, he was on parole. In his telling, it was a more stable time for him,
relatively speaking. He got a job, moved in with a girlfriend. Everything was pretty good,
except every time I had run in with police. It didn't go well. It didn't go well. Women and girls
in El Paso started disappearing just weeks after he got out of prison.
And as their bodies started surfacing in the desert,
David became one of the main suspects.
He says the detectives working these murders were constantly harassing him,
showing up at random moments to question him,
and he didn't take it very well.
Every encounter I had with the detectives became extremely hostile.
Very much so.
I was very disrespectful, very confrontational.
David says over the long course of this case,
these interactions got worse and worse.
He tells a story about detectives trying to question him
about one of the girl's disappearances early on,
and he responded by telling them to kiss his ass
and peeling off on his Harley.
By the time he was arrested,
he said he was shouting at a detective
about all the terrible things he'd do to his family
if he ever got out.
David believes all this personal stuff,
combined with his record,
is a big part of why the desert murders got laid at his feet.
I'm the moron that turned out to be the scapegoat.
I see.
You're like a patsy.
Well, look, first of all, before you start getting a wrong impression,
I fully, fully admit of putting myself in the position to be a target of these people.
I see.
It was me.
I accept all responsibility for bringing their ill feelings towards me,
not because of the case, but because it became personal.
So this is David's explanation.
that the might of the El Paso law enforcement apparatus
converged to make him a patsy for six murders,
largely because they didn't like him.
Maybe that sounds plausible to you,
or maybe the whole thing feels a little far-fetched.
It certainly did to Detective Johnny Guerrero,
who denies that the El Paso PD targeted David in any way.
But there is one story from this era
that makes it a little harder to write David off completely.
In January of 1987,
two weeks after David gets out of prison for his rape case,
convictions, a teenager is walking through a park. We're just using her first initial, B. She was a minor
when this all happened, and she asked not to be named. But we've corroborated the story with police
reports and court records. In any case, B is walking through the park, actually the same park where
David grabbed Christy. A man grabs B, hits her in the face, and walks her to a ditch where he rapes her.
B reports it right away, so the police collect a rape kit. B tells the police she didn't get a good look
at the man's face, but she remembers his voice. They set her up with an audio lineup, which is what it
sounds like. She listens to a series of recordings of suspect's voices, and she picks one. It's David
Wood's voice. He becomes the lead suspect in her rape. Over the next few months, David Wood becomes
the prime suspect for the desert murders. The police get frustrated, given all the suspicion floating
around the sky, and the lack of smoking guns. So they look back at the case of B, a case where there's both
positive identification and biological evidence they can test. They figure if they can make a
connection between David Wood and B's rape, they can start proving a pattern that will help
to put him away for the desert murders. So they get a warrant to collect David Wood's blood,
and they tested against the semen in B's rape kit, and the test excludes David Wood as the
rapist. Prosecutors have to drop the case. To David, this story is a key exhibit for his argument
that he was railroaded.
It shows the police were willing to blame him
for every bad thing that happened in El Paso.
And if he didn't have biological evidence on his side,
maybe he'd have gone to prison for bees rape too.
In David's mind, this is all prologged to the Desert Murder case.
It shows just how easy it was for him to become a target,
just how easy it was for him to lose the benefit of the doubt.
If David's lawyers can't stop the execution,
then David will die in 22 days.
specifically he'll receive a lethal dose of pentobarbital,
which will stop his breathing and eventually his heart.
That might sound clinical, but past executions have been pretty grisly.
There are times when the drugs don't work or don't work quickly enough,
and you have men groaning in pain and reportedly feeling like they're drowning, suffocating, or burning.
David's heard the stories.
During his time on death row, more than 400 people have been executed,
some of them his best friends in the world.
So all things consider, David is clear-eyed about this
and knows the odds are against him.
At the same time, he feels some amount of hope,
and that's mainly because of his lawyer, Greg.
When David was first scheduled to be executed in 2009,
he was full of hate and anger.
He felt totally alone, like his death was inevitable.
So he says he gave up completely.
He gave away his possessions, his typewriter, even his shoes.
But then, Greg won him a stay of execution.
Other guys on the road told David he was lucky to get such a good lawyer.
David says Greg reminded him of Mr. Rogers,
someone decent and kind who he could actually open up to.
So now, even though David is facing execution again,
he doesn't feel like he's fighting it alone.
What do you expect to happen in the next few weeks?
I don't know, God's will.
That's all I know.
Yeah.
So yeah, it's kind of affecting me now.
But if it happens and I believe in my face,
as God's will.
Men on death road talk about their faith a lot,
as you might imagine, and I do think David is sincere here.
He was baptized a few years ago
and meets regularly with a spiritual advisor.
He spends hours reading the Bible
and watching faith-based movies on a prison-issued tablet.
There is ultimately only so much you can get to know a person in an hour.
But this version of David, the religious one,
was hard to square with the more callous version
from earlier in our interview.
I went in looking for signs of remorse, some help thinking about the binary,
innocent man or serial killer.
By that standard, I wasn't sure what to make of David.
For me, he landed somewhere more complicated,
possibly innocent of the murders, but certainly not sympathetic.
When the jury was deciding David Wood's punishment,
they had to decide what they made of him as a person.
How much sympathy they could muster for someone like him.
I wanted this interview to kind of approximate that experience,
so that you could decide what sympathy you might hold for him.
if any.
I suspect that, for many of you, it might not be much.
With just a few minutes left in our hour together,
I ran this idea past him directly.
You can imagine somebody listening to all this and saying,
well, you know, I'm not sympathetic to this guy.
See, what would you say to someone like that?
I don't really know what to say,
because we don't have time.
Our time is already running out.
But the first thing I would do is I would not like the character like me.
I wouldn't have too much sympathy for them.
Again, from the beginning, I didn't really know this was,
I thought this was going to be about the case.
When Greg told me, no, they're going to try to get to people as well as a person,
like, who cares what I think?
People think of me.
I didn't do this case, regardless of my past.
Let the case speak for itself.
Regardless of my past, meaning regardless of being a convicted rapist.
But actually, for David Wood's lawyers, his past is very much part of the story here.
As counterintuitive is amaze sound, they say David Wood's prior crimes strengthened the case for his innocence.
The defense team's theory goes something like this.
The police and prosecutors began their investigation by looking at the least sympathetic characters in El Paso.
And that's how they came to focus on David Wood, a rapist just out of prison with a tendency to mouth off.
There was hardly any physical evidence tying him to the murders, this theory goes,
so instead prosecutors highlighted questionable witnesses
and ignored evidence that pointed in other directions.
David's lawyers think none of this would have worked if he was an upstanding citizen.
So yes, they say, David Wood is a rapist, but he's not a serial killer.
It was the El Paso police and prosecutors who turned him into one.
33 years ago, a jury decided David Wood was guilty,
but also that he was irredeemable,
that he would, if given the chance, kill again.
David's whole case disputes the very premise of that judgment.
He's saying, it's not about remorse,
or about what he is or isn't capable of.
He's saying, look at the facts,
the DNA, the fibers, the timeline,
and let that be enough.
But just as we get the signal to wrap up
and we start saying our goodbyes,
David seems to reconsider,
to think more about how he's coming across,
He gives it one last shot or whatever it's worth.
Just so everybody knows I feel whatever happened to the people, it was bad.
It was horrible.
My deepest hurt that I have, and I tried to deal with, is I'm accused of sexual assaulting
and killing a 15-year-old girl.
Now, my past is one thing.
But I could never kill a child.
I could never.
It's just never.
Never. It's just impossible.
And I'm just telling y'all to
for yourselves. I don't care if anybody else
hears it. It's bothered
me all the time to think, man, I am accused
of killing a young girl.
All the crazy stuff I've done,
murders never come part of my life.
Y'all take care. I appreciate
y'all seeing me.
God bless.
For the next three weeks,
David will be on Death Watch,
an area reserved for men with upcoming
execution dates.
On the day of his execution, March 13, 2025, he'll be woken up early
and driven in a prison van, about an hour west, to the state's execution chamber in Huntsville.
He'll spend the day saying his goodbyes to his family and his lawyers.
All the while, he'll be waiting to hear from the courts,
to hear if they'll grant him another last-minute stay,
or if he'll die from lethal injection.
They have until 6 o'clock.
That's next time on the final episode of the last.
last 12 weeks.
The last 12 weeks is written and reported by me, Maurice Schema and Alvin Meleth.
Alvin produced the series.
Jen Guera edited the series, along with Anita Badajo.
Julie Snyder is the executive editor for serial productions.
Additional editing from Akiba Solomon.
Fact-checking and research by Ben Phelan.
Music supervision by Jen Guera and Phoebe Wang, with mixing by Phoebe Wang.
Additional mixing by Catherine Anderson, tracking direction from Sean Cole.
Our associate producer is Mac Miller.
Additional production by Anita Badajo.
Additional reporting by Valerie Boy Ramsey.
There's a lot about the death penalty that we couldn't fit into this show.
Stories from Capital Defense lawyers, a fascinating look at the data behind executions.
You can find all of that in our newsletter.
Sign up for it at NYTimes.com slash serial newsletter.
Original music for this series by Adam Dorn, aka Motion Worker,
Batias Basi and John Evans of Stellwagen Symphinet.
Additional music by Dan Pais.
Powell and Marion Lazzano.
Adam Dorn, aka Motion Worker, composed our theme song.
Video production by Sean Devaney.
Our standards editor is Susan Westling.
Legal review from Alameen Sumar and Jackson Bush.
The art for our show comes from Pablo Delcon.
Sam Dolnik is Deputy Managing Editor of the New York Times.
Special thanks to Kyle Grandillo, David Dow, Ebony Reed, and Samantha Winter.
The last 12 weeks is a production of serial productions, The Marshall Project, and the New York
times.
