Falsely Convicted by Dead Witness? | Kimberly Long Case Analysis

hello this is dr grande today's question is can i analyze the case of kimberly long just a reminder i'm not diagnosing anybody in this video only speculating about what could be happening in a situation like this if you enjoyed this video please like it subscribe to my channel and consider supporting me on patreon i will put the link to patreon in the description for this video first i'll go through the background it's quite brief i'll move to the timeline of the crime and offer my analysis kimberly long was born in 1975 she eventually moved to corona california where she worked as a licensed vocational nurse at some point kimberly married and had a son in 2003 kimberly kicked her husband out of her house and moved her boyfriend in his name was oswaldo condi he went by the name ozzy she was 27 and he was 31. this takes me to the timeline of the crime on october 6 2003 kimberly called 911 am she reported that she had just arrived home and found her boyfriend ozzy badly injured but she believed that he was still breathing police and paramedics arrived just a few minutes later and found ozzie dead on a couch he had sustained a massive head wound later it was determined that he was struck on the right side of his head from three to eight times and died within 10 to 15 minutes after being attacked they believed that he must have been struck with some type of club blood spatter was found on every wall of the room he was in they noticed that ozzie's body was showing early signs of decomposition was cold to the touch and the blood on the floor was starting to dry here's what the police found during their investigation the sliding glass door in the back of the house was open a shotgun shotgun shells a bowl of change and speakers from a stereo were missing from the house all the faucets in the house were dry it didn't look like anybody had run water in an effort to clean up blood no murder weapon was recovered a man named jeff dills claimed that he was with kimberly that evening he said that he picked her up on his motorcycle sometime after 11 pm on october 5 and dropped her off between 1 20 and 1 30 am on october 6th a witness named philip verga who lived across the street said that he heard a motorcycle revving its engine inside the garage of kimberly's residence at 11 50 p.m phil heard a female voice that he did not recognize he yelled out the window telling them to give it a break at 1 30 am he was awakened when he heard a motorcycle and a car alarm another witness named linda alexander who is also a neighbor said that she heard a motorcycle driving away and a car alarm around 2 am other neighbors also heard various activity at the house between 11 50 pm and 2 am including talking arguing and motorcycles on november 10 2003 kimberly was arrested and charged with murder her first trial was in february of 2005. it ended in a mistrial nine of the twelve jurors voted to acquit in december of 2005 kimberly was tried for a second time here was the prosecution's theory of the crime kimberly who was intoxicated argued with ozzie in their driveway around 11 pm then she left with jeff after returning from having sex with jeff kimberly beat ozzy to death took a bath in the hot tub put on different clothes disposed of the clothes that she was wearing as well as the murder weapon and various items like the shotgun to make it look as though there was a robbery jeff dills was killed in a motorcycle collision before kimberly's trial so his testimony from a preliminary hearing was used so he didn't testify in the traditional sense actually at the murder trial they were using this testimony from a prior hearing jeff stated that after he arrived home he looked at a clock it read 1 36 am this is how he came up with the 1 20 to 1 30 am time range for dropping kimberly off during that hearing jeff told the judge that he had trouble remembering events accurately joe bugarski was kimberly's ex-husband he testified that the relationship had deteriorated and in march of 2003 kimberly kicked him out of the house and ozzy moved in he talked about how the couple had an argument in 2000 he claimed that kimberly tackled him off of a bicycle and slapped him several times before grabbing a butter knife and attacking him he was able to wrestle the knife away from her joe was arrested for domestic violence at that time he admitted he threatened to kill kimberly he also admitted that after he moved out he stalked both kimberly and ozzy and on one occasion threatened to physically attack ozzy one could argue that joe's testimony helped both the prosecution and the defense in various ways the defense argued that ozzie's former girlfriend sheena lovejoy had threatened to kill both kimberly and ozzy ozzy and shianna had a child together when kimberly moved in with ozzie he stopped providing financial support to sheena shanna denied murdering ozzie but did admit that she left harassing voice messages repeatedly and vandalized his truck with a black marker and glue apparently she put the glue in the door locks here's what kimberly long had to say about the events leading up to the murder of ozzie she ozzy jeff and other friends went on a motorcycle ride on october 5. they visited several bars she drank about 12 beers and 10 shots of hard liquor at the last bar kimberly claimed that ozzie became angry and accused her of flirting with other men in response kimberly became angry the two had a verbal and physical altercation in their driveway after arriving home kimberly left with jeff on his motorcycle at his residence she consumed more alcohol spent time in his jacuzzi and had sex with him after this she asked to go back home jeff dropped her off at 2am she walked in the house turned on the lights and found ozzy's body on december 27 2005 kimberly long was convicted of second-degree murder the judge suggested that if this were a bench trial he would have found kimberly not guilty he didn't believe that the cross-examination of jeff dills at the preliminary hearing was extensive enough for a murder trial andy wanted more information about how jeff was intoxicated nevertheless the judge sentenced kimberly to 15 years to life in prison she was allowed to remain free on bond while she appealed in november of 2008 her conviction was upheld by the 4th district california court in march of 2009 the california supreme court refused to review the case kimberly had to go to prison but she surrendered 10 days late apparently she just wasn't ready for that level of commitment in 2010 kimberly contacted the california innocence project at california western school of law in san diego they took the case and started filing appeals the 9th circuit u.s court of appeals ruled against kimberly but did note that if they were the jury they may have entertained reasonable doubt kimberly's attorneys kept working here's what they were able to put together as far as evidence to support another appeal testing from a cigarette butt found the crime scene revealed unknown male dna opinions were collected from experts who said that ozzie died during a time period when kimberly had an alibi so before 1 20 am ozzie was dead at least an hour when he was examined by first responders jeff dills had made a statement to the police suggesting that kimberly was wearing the same clothing when he picked her up as she was when the police arrived the week before ozzie was killed he unsuccessfully sought a temporary restraining order against shanna lovejoy on june 10 2016 kimberly's conviction was overturned due to inadequate legal defense during her 2005 trial she was released on bond in 2018 the ruling was reversed her conviction was reinstated although she remained free on bond in november of 2020 kimberly's conviction was vacated by the supreme court they noted that shianna lovejoy and job burgarsky had potential motive to kill ozzy and they did not have good alibis the prosecution decided not to retry kimberly and the charge was dismissed on april 22 2021 now moving to my analysis was kimberly long guilty even though she was exonerated some people like the prosecutors still believe that she is guilty let's look at the evidence both for and against the idea that she's guilty starting with the inculpatory evidence kimberly had been in an argument with ozzie just hours before he died according to jeff kimberly struck ozzy during that confrontation kimberly took off with jeff and had sex with him presumably an activity of which ozzie would not approve and could lead to an argument according to jeff's statement about when he dropped her off and the one neighbor that corroborated it kimberly was in the house for about 40 to 50 minutes before she called 911. what was she doing during that time jeff also said that kimberly had suggested she could physically harm ozzie if kimberly did not kill ozzy that means he was killed in a very narrow time range when kimberly just happened to be away of all the times he could have been murdered it just happens to be this window of approximately 90 minutes that's very bad luck for both ozzy and kimberly kimberly told the 911 dispatcher that ozzy was still breathing considering that kimberly was a nurse one would think that she should have been able to determine this with some degree of accuracy as breathing is a common activity observed in patients like the ones who are alive kimberly lied to the police about having sex with jeff and would not reveal the identity of other people that she was with when she was drinking during one interview with the police she appeared to be uncontrollably screaming as if she was having trouble maintaining control of her emotions now moving to the exculpatory evidence no blood or dna evidence was on kimberly's person including on her clothing jeff said that she was wearing the same clothes when he picked her up as she was when she called the police blood spatter was found on every wall of the room where ozzie's body was found how is it possible that kimberly beat him yet didn't have any blood on her clothes the faucets in the house were dry and no bloody clothes were ever recovered ozzie was murdered with a club-like weapon it was never recovered how did kimberly get rid of the other items like the shotgun the change bowl and the speakers there were several indications that ozzie was dead prior to 1 20 am that's the earliest time when kimberly could have been placed at the scene two other people had potential motive to kill ozzy neither one had a good alibi when weighing all the evidence do i think that kimberly long was guilty i don't think she was guilty beyond a reasonable doubt and i don't think she was guilty at all it just doesn't make any sense that she could have beat ozzy to death and not had any blood on her whatsoever i think this was a bad prosecution investigators focused on kimberly from the beginning based on her argument on october 5 with ozzie the fact that she was intoxicated and her lying about having sex with jeff she was simply embarrassed about having sex with him but the police took it as a sign that she was trying to deceive them about the murder the police gave kimberly a so-called lie detector test this nonsensical fantasy-based machine that the police often use which they claim can determine if somebody's lying according to their so-called expert who operated the machine kimberly passed the test which offers more evidence that not only are polygraphs nonsense but the police simply use them as a tool to intimidate witnesses they don't really care about the outcome of the test which is fitting because it doesn't matter anyway the police only appear to believe in polygraphs when the device supports what they have already concluded it's of course technically possible that kimberly is guilty but it seems like it would be very difficult for this to be true she would have had to come home change her clothes murder ozzie get rid of the murder weapon the stolen items and clean up change back into her original clothes and call the police i guess it's also possible that she had another set of clothes that looked very similar to the ones she wore earlier what lessons can we learn from this case i have three here number one never talk to the police it's not only a good tip for staying out of jail but it forces the police to actually conduct an investigation based on evidence and not based on trying to catch somebody in a small lie and then pretend that this means they committed murder number two it's amazing to me how persistent and involved the former lovers were in this case kimberly's former lover was mad at her for rejecting him ozzy's former lover was mad at him for not supporting her financially in the situation there were arguments confrontations and stalking it just seems like a lot of investment for relationships that were already over arguing at any point doesn't make sense but it's particularly futile once a relationship has ended i mentioned that kimberly just couldn't seem to commit joe and sheena had the opposite problem they just couldn't seem to let things go number three kimberly did not do herself any favors through excessive alcohol consumption during an interview she suggested that alcohol was involved in a number of bad decisions she's made in her life among the many reasons not to excessively consume alcohol would be that it increases one's chances of being falsely accused of murder an unlikely occurrence but when it happens it exacts a high price this particular risk of alcohol could be used in campaigns about substance use awareness instead of focusing on a shortened lifespan financial problems injuries and relational problems they could focus on not drinking as a way to avoid being falsely accused of homicide false murder convictions are a little known side effect of alcohol that may just convince some people to think twice before drinking those my thoughts on the case of kimberly long please put any opinions and thoughts in the comment section they always generate an interesting dialogue as always i hope you found my analysis of this topic to be informative thanks for watching

Channel: Dr. Todd Grande

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Length: 15min 26sec (926 seconds)

Published: Tue Oct 05 2021