The Megyn Kelly Show - The JonBenét Conspiracies: The Intruder Theory — Ep. 4 | MK Confidential
Episode Date: July 24, 2026“MK Confidential” continues its deep dive into the murder of JonBenét Ramsey. It’s March 1997, and veteran homicide detective Lou Smit joins the investigation expecting to prove the parents did... it. Instead, the evidence leads him in the opposite direction. Megyn Kelly follows Smit’s case for an intruder: an open basement window, a suitcase beneath it, marks on JonBenét’s skin, a garrote, a scream in the night, and unidentified male DNA. But every clue has a counterargument, from an apparently untouched spiderweb to a failed stun-gun test and a ransom note written with the family’s own pad and pen. By the fall of 1998, the investigation has split into two camps. Boulder detective Steve Thomas is convinced the answer lies inside the Ramsey home. Lou Smit is just as certain an intruder came in from outside. Both men are reaching their breaking point—and the case is headed to a secret grand jury. This is Episode 4 of 5 in The JonBenét Conspiracies. Supersure: Ditch the Jargon: Simplify Your Insurance at https://Supersure.com/Megyn Birch Gold: Text MK to 989898 and get your free info kit on gold. Follow The Megyn Kelly Show on all social platforms: YouTube: https://www.youtube.com/MegynKelly Twitter: http://Twitter.com/MegynKellyShow Instagram: http://Instagram.com/MegynKellyShow Facebook: http://Facebook.com/MegynKellyShow Find out more information at:https://www.devilmaycaremedia.com/megynkellyshow Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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November 22, 1963 in Dallas, Texas, the day JFK is assassinated.
It had rained overnight, but by mid-morning, the sky is clear and the day is warm.
Look at the photographs of the crowd waiting for the president's motorcade, and you will see it.
No raincoats, no galoshes, not a single open umbrella because it is a beautiful day.
Except that is for one man.
In all of Dele Plaza, in all of Dallas, there is exactly one man standing under an open black
umbrella, and he is standing on the grass at the precise spot where seconds later President Kennedy's
body will jolt forward, then back, as the bullets find him. For years, that man is a gift to conspiracy
theorists. Investigators call him the umbrella man. One theory holds that the umbrella itself is a
weapon, that its shaft conceals a dart gun fired into JFK's throat. Some come to believe the
umbrella man is the real assassin, because what possible innocent reason could a man have to stand
under an umbrella on a cloudless day exactly where all the shots kill President John F. Kennedy?
And then in 1978, someone finally just asks him, the umbrella man comes forward and testifies before
Congress with his umbrella. And his explanation is so strange, so wacky, it can only be true.
The umbrella was a protest, not against JFK, but against his father, Joseph P. Kennedy, and his father's
appeasement of Hitler and the Nazis in the lead up to World War II.
I just knew that it was a sore spot for the Kennedy's. The umbrella that the prime minister
of England came back with got to be a symbol with the some manner with the British people
by association it got transferred to the Kennedy family.
The black umbrella is a visual insult, a reference to the British Prime Minister Neville
Chamberlain who carried one everywhere. That's the secret, a grieving nation's darkest
riddle and the answer is a man making an obscure political protest with an umbrella.
The investigator, Josiah Thompson, who chased that mystery for years, drew one lesson from it.
If you have any fact which you think is really sinister, right, is really obviously a fact which can only point to some sinister underpitting.
Hey, forget it, man, because you can never on your own think up all the non-sinister, perfectly valid.
explanations for that fact.
A cautionary tale.
That is the warning of the umbrella man.
The strangest fact in a case is not always what it seems.
And the murder of John Bonae Ramsey is full of strange facts.
A ransom note on the family's own paper, a mother who talks to the cameras before the police,
a father composed when he should be falling apart.
In the spring of 1996,
one man walks into this case and refuses to trust his eyes. He wants the evidence and only the evidence
to tell the story. His name is Lou Smith. I'm Megan Kelly and this is M.K. Confidential. When you sign
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Lou Smith is not a defense lawyer.
He is not a Ramsey friend.
He is a career homicide detective out of Colorado,
Springs. More than 200 murders worked, a clearance rate nearly 90%. Lou is a deeply religious
and methodical man whom they call the Sherlock of the Rockies. His reputation is built on cases
like Heather Dawn Church, a 13-year-old girl who vanished from her home in 1991. The case sat cold for
years until Smith went back through the file and lifted a single fingerprint off a window screen that
Everyone before him had missed.
That print put her killer away.
Lou is a finder of things other people failed to see.
In March of 1997, three months after John Bonnet's murder,
Boulder District Attorney Alex Hunter brings Smith onto the John Bonnet Ramsey Task Force.
The case is already going sideways,
and the police and prosecutors are at each other's throats.
Lou Smith had retired just the previous year to spend time
with his wife Barb, who is battling cancer. Now he's back on the force and in a different city
away from his family and investigating another family affected by cancer. Smith starts on the Ramsey
case exactly where the police did with the parents. He knows the stats. He knows a child found dead
inside a home usually means someone who lived there is responsible. He arrives expecting to help
prove that the family did it.
Then Smith sits down with a file, and he works the way he always works by a principle he learned decades before, the transfer theory.
Whenever a person commits a crime, they leave something of themselves at the scene and carry something from the scene away with them.
Find what was brought in and what was taken out, and the evidence will tell you who was there.
So Lou Smith stops asking who had a motive and instead asks a colder question.
What does the physical evidence on its own actually say?
And the longer he looks, the more he believes a new story.
It starts in the basement with a window.
Low in the basement wall, on the south side of the Ramsey house,
there is a window found wide open on the morning of December 26th.
The crime lab photographs it that way hours before John Ramsey ever finds John Bonnet's body.
Beneath it, inside on the white-painted wall, a black scuff mark.
And on the floor directly below, a hard-sided Samsonite suitcase stood upright on its end
in a spot where no one in the family says it belongs.
Inside the suitcase, a pink duvet, a Barbie doll, and one of John Bonnet's
Dr. Seuss books. The Boulder detectives tell Smith that the window is nothing. No one could have come
through there. There's a metal grate over the outside window well. So Smith studies the grate himself.
And in the crime lab photos from that morning, he finds leaves and vegetation disturbed underneath it.
And dirt brushed clean off the frame of the open window. To all appearances, it looks like someone has passed
through there or at least has tried.
Then Lou does the thing that becomes his signature.
A retired detective in his 60s lowers himself into that window well
and squeezes through that basement window on video to prove a grown man can do it.
Now, this is where I think the killer actually got in at some point.
The grade has to be picked up and put down.
John Ramsey had broken that window himself the summer before.
when he was locked out of the house, and he believed it had been fixed.
To smit, the open pain is the point of entry.
The scuff on the wall is where a body scraped through,
and the suitcase is not clutter, it is a step,
something the killer stood on to climb back out.
Lou comes to believe the intruder may have meant to carry John Bonae
out of the house inside that suitcase and found it too big to force up through the window.
Near her body in the basement, there is white foam packing debris and brown leaves, the same
material that lines the bottom of that window well.
Smith believes the killer brought that into the house and left behind two traces, a partial
boot print from a brand no Ramsey owns, and an unidentified palm print on the door of the
little room where John Bonnet was found.
But Lou keeps building.
He looks at the house itself.
John Bonaise bedroom is on the second floor.
Her parents sleep one flight up in a converted attic suite at the very top of the house.
Investigators run sound tests and find that a voice in John Bonaise room is barely audible from the master bedroom.
Smith looks around the home and thinks, this is a big, chopped up, four-level house in a college
neighborhood with foot traffic at all hours and an alarm system the family had switched off months
before. This is not a sealed fortress. It is a place a patient stranger could move through in the dark
for hours unseen and unheard. He studies how John Bonnet was bound, a garot built from white cord
and the broken handle of one of Patsy's paintbrushes tied with slip knots that only tighten
as the victim pulls against them. To smit, that is not the panicked improvisation of a parent
covering up an accident.
It is the equipment, it is intent.
And the Ramsey's owned none of the raw materials.
No parachute cord, no roll of duct tape.
Police searched the house, the cars, the office, even the airplane hanger, and found none of it.
Whoever built that garat and taped the little girl's mouth shut, he brought his tools in and carried most of them back out.
Then there are the marks.
Lou Smith is the first person on the case to take them seriously.
On John Bonae's body, there are two sets of small red marks,
a pair on her back and a pair on the right side of her face.
Smith measures the gap and matches it to the twin metal contacts
of a specific weapon, an air taser, a stun gun.
What I'd like to assure you is,
what I think is one of the most important clues left behind by the guilty.
stun gun. There's marks on John Bonnet. Those are marks on her back. Those are marks on her face.
And there's the same distance of heart, slightly rectangular in shape. Something made those marks.
In Smith's reconstruction of John Bonnet's murder, the stun gun is used twice. Once upstairs,
pressed to the child's jaw and throat while she sleeps, enough to stun her silent so she
be carried down without a sound. And once more in the basement on her back as she struggles.
A forensic pathologist reviews the comparison and calls the stun gun evidence compelling.
Unless some other evidence is presented to me the most likely explanation for those injuries
that they were caused by a stun gun. That hands Lou the answer to a detail that never fit
any other version of the night, the scream. A neighbor, Melody Stanton, a sleep,
across the street from the Ramses with her window open 150 feet away reports hearing a child's scream
around 2 a.m. that morning a scream the Ramsey family inside the house say they never heard
if it came from the basement they might not have beneath all of it beneath the broken window
and the stuffed suitcase and the pairs of red marks sits the evidence Lou Smith calls the key
to this entire case, and that is the DNA.
The Colorado lab finds a small partial profile of male DNA, drawn from a bloodstain in John
Bonaise's underwear.
It belongs to no one in the family nor to any suspect ever tested.
This sample, however, is too small and too degraded for the lab to identify the fluid or
the tissue behind it.
Whether the DNA came from spit or sweat or shed skin, no one has ever been able to say.
It is male. It is not from the Ramsey family. And past that, a blank.
During the autopsy, a Boulder PD detective runs an ultraviolet light over the body and thinks he sees traces of semen.
But it turns out to be a smear of blood. No semen is ever found on John Bonnet.
The autopsy indicates that the sexual assault is consistent with penetration by a finger or an object.
Broken blood vessels in John Bonnet's vagina show she was penetrated that night,
and a microscopic fleck of wood is found inside of her, most likely from the splintered paintbrush used to build the garage.
The unknown male DNA is not only found on John Bonnet's underwear, the same profile is found as Touched DNA from
skin cells inside the waistband of her long johns. To a detective raised on the idea that every
killer leaves a piece of himself behind, one stray speck might be a fluke. But the same stranger's
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Smith argues one more point, and it is the shakiest part of his case.
that a predator who would do this would not do it once.
That somewhere there is a pattern,
other home invasions, other children,
and that Boulder is not the safe, sealed community,
its officials keep insisting it is.
And there is one case that haunts that argument more than any other.
It happens in September of 1997,
nine months after John Bonae is killed,
less than two miles from the Ramsey home.
late one night a masked man breaks into a house and sexually assaults a 12-year-old girl in her own bed.
He has slipped past the alarm system and past the family dog, and by the family's account,
he did not force his way in that night at all. He appears to have gotten inside earlier
while the house was empty, and then hidden there waiting until the family came home, locked the
doors, and fell asleep. He has stopped only.
only when the girl's mother comes down the hall after hearing whispers in the dark.
He escapes out the bedroom window and vanishes into the night.
He is never caught.
That 12-year-old girl was a student at the very same local dance studio as John Bonae.
Two little girls from one small dance school two miles apart.
One strangled in her basement on Christmas night,
the other nine months later, attacked in her own bed by a masked man,
who had hidden inside her home and then vanished back into the neighborhood.
To John Ramsey and to the detectives who came to believe him,
that is not a coincidence.
It's a pattern, possibly the very same man.
Lou never stops making the argument.
There is evidence of an intruder.
I say this over and over and over again.
Nobody wants to listen.
And as a result of that, there's a very good chance that tragedy
could again strike this family.
That is the case for the intruder as Lou Smith built it.
Now, here is what stands against it.
Start with the window and the spider web.
To reach that basement window, an intruder first has to lift the metal grate over the outside well.
And a spider web runs across that grate, its strands anchored from the metal down to the bricks
of the wall, or at least that's how it's how it.
it appears. The original web is never photographed, and whether it connects the grate itself to the
house is a point of contention. The officers who inspect it find the web whole. That spells trouble for
the intruder theory. If the spider web is intact and connects the metal to the house, it suggests
the great above the window well was never lifted at all. It is the single hardest fact
against Lou Smith's window theory.
But Smith reads that same grate, the opposite way.
Now this is where I think the killer actually got in at some point.
And there is a gas reel here, and then there's a south door to the house.
Right behind this gas grill is a grate.
And you put the grate up, you're looking straight down into the window.
There's three windows there.
The center one was the one that was open, and you're going to see foliage, that green
pullage under the leading edge of that grate. Don't grow that way. The grate has to be picked up
and put down. Smith says the grate is not bolted down, and he is sure that a patient hand can
ease it up and set it back without snapping a strand. During one walkthrough of the house,
Smith eases the grate open without breaking a fresh web that has grown between the grate and
the house. Even Detective Steve Thomas notes that Smith was able to navigate the grate without
breaking the web, while detectives who try lifting the grate break several web strands. So the web
does not settle the question. It only sharpens it. There's one more possible explanation
for the web. An industrious spider. Detective Michael Everett from Boulder PD consults two
spider experts. Dr. Brent O'Pell of Virginia Tech and Dr. Robert Bennett of the British Columbia
Ministry of Forests. Both identify the web as a funnel web, a kind of web that a spider spins and
repairs for as long as it's alive. The night John Bonnet died, the temperature in Boulder,
dropped to around six degrees. By the next afternoon, it was back up into the low 50s. The open window
faces southwest into the afternoon sun.
While the funnel weaver spider hibernates through a Colorado winter, Bennett says the Ramsey
window well had perfect conditions for a hibernating spider to wake up and repair its web
and re-spin it that day or the next. However, it's unclear precisely what time of day
officers first observed the fully intact spider web and whether there would have been
enough time for the spider to spin it fresh. Like all the other evidence in this case, even the
spider web points two ways at once. Then we get to the stun gun. The cold case team in the 2016
CBS documentary tests this part of the theory by using a stun gun on a volunteer. The marks it leaves
behind do not match those on John Bonae. And the effect is the opposite of silence.
If this were done to this kid, you would have a scream from this kid that goes through the entire building.
Everybody in that house would have heard it.
So the stun gun, like the window, stays contested.
But the marks are still there on dead John Bonaise's skin.
And no version in which the parents did it has ever fully explained them.
Then the DNA, where the counter is technical and it is fair.
This is a tiny amount of touch DNA and skilled scientists cautioned that trace DNA like this can travel.
It could be carried to the scene by a factory worker who handled the underwear or transferred from one service to another.
It is not on its own a name.
The DNA profile has been run against a great many people over the years,
and it's never matched a single one of them.
John Ramsey will spend the rest of his life saying,
those three letters are the answer,
that the identity of the man who killed his daughter
is sitting in an evidence locker,
waiting for science to catch up to him.
The police find no definitive connection
between the 1997 home invasion in Boulder
and the murder of John Bonae,
no forensic thread that ties the same hand to both crimes.
One Boulder PD officer bluntly sums up the department's stance on the Ramsey murder.
This was one of a kind.
Lou never manages to prove the link.
Smith's intruder theory has two more potential holes, and they are not small.
First, it has to explain the ransom note, three pages long written on a pad from inside the house,
demanding a ransom that almost exactly matches John Ramsey's annual bonus.
It has to explain why a stranger who broke in to steal a child would then sit down in that dark house
and compose three theatrical pages instead of simply carrying her out the door.
And it is not only the ransom note.
Remember the garot.
Its handle is a piece of Patsy's own paintbrushes taken from her art kit in the basement.
The pad, the pen, the paintbrush.
The killer builds this crime in part out of the family's,
own belongings. A stranger organized enough to arrive with a stun gun, duct tape, and cord,
who then fashions the murder weapon from a mother's paintbrush and writes his ransom demand
on the household notepad is a genuinely odd figure. To the bolder detectives, it is the strangest,
the damnedest thing about the whole intruder theory, an outsider who behaves at the decisive moment
exactly like someone who already lives there.
Lou has an answer.
He believes the original plan of a kidnapping for ransom went wrong in the basement.
In Lou's mind, the murderer entered the house through the open basement window while the family was out at Christmas dinner.
He wrote the ransom note on the family notepad, then hid inside the house.
Once the family was asleep, the killer crept into John Bonae's room and used a stun gun to incapacitate her.
He then carried her down to the basement, fashioned a garot with Patsy's paintbrush handle, and sexually assaulted John Bonnet with his fingers.
I believe he brought her down to the farthest, deepest part of that basement and did very brutal things to her.
Lou believes the killer used the garat both as a tool of erotic asphyxiation or strangulation fantasy and actual deadly strangulation.
Lou believes that John Bonnet came to at some point and started to fight back,
that the attacker then panicked and hit her over the head, possibly, with a flashlight,
or an aluminum baseball bat, both found in the Ramsey house.
The killer then believed that John Bonnet was dead and fled out the basement window.
As for the oddly specific ransom amount, Lou explains that $118,000 would have yielded exactly
1 million Mexican pesos at that time.
If the intruder were planning to run to the border,
one million pesos sounds like a nice round number
to help with an escape.
By 1998, the John Bonnet Ramsey case is no longer
just a murder investigation.
It has devolved into two camps at war.
The Boulder PD believes the answer lies inside the Ramsey house.
Lou Smith and the district attorney's office
are convinced it came in,
from the outside. The police and prosecutors barely trust each other. Early on, the two sides
fought over how to handle John Bonnet's body, the police wanting to hold it back from burial as leverage
to force the parents into an interview, and the DA's office shaming police for ransoming a dead
child. It is a small, ugly fight over a child's body. It is also the first crack in a divide that
will run through everything to come and swallow this entire.
case. And within a few weeks of each other, that war produces two major casualties, two detectives
with opposite conclusions, both quitting the case in protest. In August of 1998, Steve Thomas,
the lead detective who believes Patsy killed John Bonnet, resigns with a public letter blasting the
DA for refusing to charge the Ramsey family. And in September of 1998, Lou Smith resigns,
for the exact opposite reason.
He writes the district attorney
that he cannot, in good conscience,
be part of the persecution of innocent people.
Smith does not walk away from the case itself, however.
He keeps working it for free for the rest of his life.
I don't know if I could solve it without the help of the police department,
and I'm sure I'm not going to get that.
But I know that God had a plan.
I'm part of it, and I'm just going to continue to work in it
as long as he needs me.
Lou halls around his boxes of photographs and his slide deck of the window and the marks and the DNA from meeting to meeting right up until his death in 2010.
Friends later say he took this case to his grave.
Lou's adult children carry the torch forward and continue to investigate to this day.
Back in 1998, the investigation stalled because the people the detectives most needed to talk to stopped talking.
John and Patsy Ramsey on their lawyer's advice will not sit for open police interviews at this point.
Friends who are around the house that Christmas, they've lawyered up as well.
A grand jury is the one tool that can break this wall.
It can subpoena witnesses, forced testimony under oath, and demand evidence the police cannot otherwise get.
It can lock down memories in testimony before they fade, including the account.
of the Ramsey's young son, Burke.
In March of 1998, the Boulder PD formally asks district attorney Alex Hunter
to take this case to a grand jury, and the PD announces it in a press release.
Quote, while there is still some investigation left to be done,
both Chief Kobe and Commander Beckner believe the investigation has progressed to the point
at which the authority of a grand jury is necessary in order to complete the investigation
end quote. For months, D.A. Hunter resists. In his meetings with the police, he calls a grand jury
a political solution, not a way to solve the case. In public, his office calls the idea,
premature. But now the police are demanding it in public, and Hunter is out of good options.
So he gives in. And in September, 1998, Alex Hunter convenes a grand jury. He brings in an outside
specialist, former federal prosecutor Michael Kane, to run it. And he hands the biggest question
in the case, whether anyone can be charged in John Bonae's death to a group of ordinary
Boulder citizens sworn to lifelong secrecy. They hear from former FBI profiler John Douglas,
whom the Ramses hired to investigate this case, who believes that an intruder killed John Bonae.
I've sat down across a table from some of the country's greatest liars in the world, really,
and I can sense it.
And things just did not fit.
The crime scene data just doesn't fit.
When I'm looking at this man, Mr. Ramsey, if you did it, you are one hell of a liar.
You are one hell of a liar if you did it.
And you're putting on a great production here.
I just don't believe in my heart.
He did this and not just in my heart from the analysis of the scene.
They hear from Lou Smith, too.
Smith brings the grand jury the case of his life.
More than 600 slides built one photograph at a time,
the open window, the disturbed grate,
the suitcase, the marks on the child's skin, the DNA, all of it.
And at the end of it,
the question that has hung over the Ramsey family for two years,
is finally going to get an answer.
Will John and Patsy be charged with the murder of their daughter or not?
That grand jury will sift through evidence for more than a year.
But it turns out that what the grand jury decides and what the public is told
are two wildly different things.
We'll open that door and everything behind it tomorrow on MK Confidential.
