Paintball

23m
Twenty-four years after the death of a 15-year-old in California, forensic scientists discover enough microscopic evidence to finally bring the killer to justice.
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She was home alone, making the dress she planned to wear on her Friday night date.

But she had an uninvited visitor.

It took 24 years before forensic science could identify the individual who was there that fateful night.

It was 1962.

President John F.

Kennedy was leading the country at the height of the Cold War.

The world anxiously watched as the United States confronted the Soviet Union over suspected missile sites in Cuba.

All ships of any kind bound for Cuba, where they're found to contain cargoes of offensive weapons, be turned back.

Racial tensions in the the United States weren't as easily deflected.

Desegregation of southern schools pit blacks against whites.

Leaders like Martin Luther King Jr.

articulated a message of hope and reason.

Hundreds of miles away, in the small town of Hanford, California, racial tension and the arms race were less important than tending to business and making ends meet.

It was a small community.

Everybody knew everybody else.

It was all first name basis.

Even all the races were all friendly.

The Miller family provided an important service to the community.

They managed the water that was supplied to area farms.

The canal was located behind their home, and someone from the Miller family was always there to make sure the water system worked properly

on March 21st 1962 15 year old Marlene was the one to stay home while her parents left for a night out

Marlene planned to finish sewing a new dress for an upcoming date

Her parents returned home around 10 p.m.

The television set was blaring

A screen was missing from a bedroom window, and there was no sign of their daughter.

Deputy Sheriff O.R.

MacFarlane was one of the first to arrive on the scene.

It was obvious that we had a problem.

She was, in fact, missing, and there was some foul play somewhere.

Police found tire tracks on the dirt road near the home, and there was other evidence.

There was a set of boot tracks leading out onto Elder Avenue from the dirt lane.

There was a set of barefoot tracks

leading back into the lane and which got in and out of the car that was parked there.

Nearby, police discovered a pair of mismatched workmen's gloves and a belt.

Robert Goode was the first journalist on the scene, covering the story for the Fresno Bee newspaper.

Once there, he found more than a story.

Started walking down the bank a ways.

I walked 150 feet down the bank, and there she was.

Marlene was floating face down in the reservoir behind the family home.

Marlene's brother Walt was searching the area in a police helicopter.

And as we flew over the home, I saw the Hearstborn.

And at that time, I knew that Marlene had been found.

The autopsy revealed Marlene had been stabbed in the chest, although the wound was not fatal.

There was water in her lungs.

So the cause of death was drowning.

Marlene's wrists were tied behind her back with a knot used by most area dairy farmers.

It was something you could do very quickly and

keep the cow from kicking.

There were no signs of sexual assault, but bruises on the body suggested Marlene bravely fought her attacker.

In a search for witnesses, one of Marlene's high school classmates told police he saw a strange car near Marlene's house around the time of her murder.

He said it was Hawkwood-type blue fenders.

He liked the paint on the car.

Black on the hood and black on the top and black clear down the trunk.

High school kid that kind of, you know, 53 Plymouth looked pretty good to him.

Police had tire impressions at the crime scene and a description of the car.

Now, all they had to do was find it.

A witness saw a 1953 black and turquoise Plymouth parked near Marlene Miller's home on the night of her murder.

Within hours, police found it.

I remember Hanford Police Department came up with a car of that description parked in front of the Royal Hotel in downtown Hanford on 7th Street.

When Deputy Sheriff McFarlane peered inside the rear window, he saw what would later become a crucial piece of evidence.

I could see a pair of boots back there.

One was sitting flat and the other was on its side.

And with a flashlight, I could see the tread looked to me like the same tread that was out there in Tome Lane.

The car was registered to Booker T.

Hillary Jr., a local dairy worker who had recently been released from prison for a previous rape conviction.

One of his co-workers told police that he saw Hillary driving towards Marlene Miller's home after work on the night of her murder.

And Hillary's employer identified the gloves found at the crime scene as the ones Hillary wore.

The tires on Hillary's car and the boots found in the back seat were similar to the tire and boot impressions in the soft mud near the crime scene.

But that doesn't mean that he killed her, even though the gloves were pitched out.

down the road where the car tracks had

that looked like his went.

So everything everything was circumstantial.

There was no real evidence to put him in the hole.

Booker Hillary denied any involvement in Marlene's murder.

Hillary said he drove by the Miller's home every day since he worked at the dairy farm just down the road.

He said his tire and shoe impressions in the area meant nothing.

Booker Hillary was arrested, tried, and convicted of Marlene Miller's murder.

He was sentenced to death.

Once in prison, Hillary took full advantage of the appellate process and petitioned to have his conviction overturned.

It was discouraging, especially for the family that had to constantly relive this nightmare every time this case would come up.

Each time that we go through this process,

I keep thinking that maybe this is the last process that they will have to endure.

And

they just keep coming and coming.

Every appeal Hillary filed was unsuccessful.

But in 1974, the United States Supreme Court ruled the death penalty was cruel and unusual punishment.

As a result, The sentences of everyone on death row, including Booker Hillary, were commuted to life in prison.

The Supreme Court reversed their decision two years later, but the commuted death sentences couldn't be reinstated.

Booker Hillary's legal maneuvering continued.

He appealed his conviction once again, this time claiming that blacks had been excluded from the grand jury that indicted him.

In 1983, A judge granted that appeal and ordered Hillary either to be retried or released.

What is disturbing about it is that this was in 1983.

The conviction occurred in 1962.

And anyone can review the transcripts of the grand jury hearing and determine that, you know, no matter what race you are, you will find probable cause.

Robert Maline was the prosecutor in Booker Hillary's retrial.

I knew that I had to find out exactly what proof I needed because I obviously had to retry this case and I had to retry it 24 years after the first conviction.

The physical evidence still existed, but 21 of the original witnesses were now dead.

Larry Orth was the chief investigator for the Kings County DA's office.

A lot of the people were dead, and to sit and have to read hundreds of pages of testimony from 1962, 65, 1970 into

a record of a present-day trial can almost put you to sleep.

So investigators took the physical evidence and looked at it again, this time with some new forensic techniques not previously available, and found a surprise.

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It had been 24 years since Booker T.

Hillary was first convicted of Marlene Miller's murder, a conviction later overturned on appeal.

Criminalist Gary Kortner examined the physical evidence from the first trial.

He started with the boots found in Booker Hillary's car on the night of the murder.

The boots had been modified.

The soles were the originals from the Wellington Boot Company, but the original white heel had been replaced with a black one.

He did this to keep his shoes from wearing out as fast, and in doing that, he made an almost an individual shoe out of it because of the two different components.

Kortner compared Hillary's boots to the shoe impression found near Marlene Miller's home.

They had the same sole, the same custom heel, and the same five individual cut marks in the heel.

Next, Courtner compared the tires from Hillary's car to the tire impressions found on the dirt road near the Miller's home.

We were looking for cuts or rocks or anything that had been in the tires.

And in this case, we were very lucky because there was a manufacturer's defect that was picked up, and there were three cuts in the tires very close to that.

This placed Booker Hillary in the vicinity of the crime scene, but not inside the home.

Larry Orth found something important while reading through the transcripts from the first trial.

On the night of the murder, 24 years earlier, an alert detective asked Marlene's mother to vacuum the carpet in the living room where her daughter was abducted.

At that time, Investigators found some unusual microscopic particles in that trace evidence, but they didn't know what they were.

They said they didn't have the technology to do it other than just to compare them as far as shape, size, and that was it.

The football-shaped particles found in the vacuum cleaner bag still existed in the evidence file and were sent for analysis to an independent forensic lab in Chicago.

Skip Palanik was the forensic microscopist assigned to the case.

Having done microscopy since I was eight years old, I had seen particles like this before, and I knew what kinds of physical phenomena produce this.

Under magnification of 300 times, Palanik recognized the particles as paint, the kind sprayed from an aerosol can.

Throughout the particles were cotton fibers.

This explained why the paint particles were round.

When paint is sprayed from an aerosol can, the round particles flatten when they hit a surface like wood.

When the paint dries, it creates a film-like covering.

But if the spray paint hits a fiber, it reacts differently.

If these spheres dry around nothing, they just retain that shape, that is their spheres.

However, if they come in contact with a fiber, then what happens is capillary forces cause the

ends of the sphere, which starts out like this, to draw where they come in contact with the fiber.

Scientists performed an electron probe microanalysis to identify the elements in the paint.

Every element that's in there has its own x-rays that come off.

There are different wavelengths.

And we collect these different x-rays at different wavelengths or different energies.

And from their energy or their wavelength, we can tell what elements are present in the sample.

The components were titanium, lead, and iron.

An infrared microspectrophotometer, which looks more like a computer than a microscope, determined the paint's molecular composition.

The results are charted on a graph, and scientists learned that the paint was an oil-based alkyd with a Prussian blue pigment.

Investigators now wanted to know where these mysterious microscopic blue paint particles came from.

And they also needed to know how they got onto Marlene Miller's living room carpet 24 years earlier.

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As prosecutors prepared to retry Booker T.

Hillary for the murder of Marlene Miller, they discovered new forensic evidence.

microscopic paint particles in the victim's home encased in cotton.

But in 1962, at the time of the original trial, the technology to identify these particles didn't exist.

But where did these paint balls come from?

For answers, investigators looked once more inside Booker Hillary's 1953 Plymouth Automobile.

Surprisingly, it was still in police custody after all those years.

In the forensic lab, scientists noticed that the ceiling of the passenger compartment was lined with a cotton material.

And the material had been painted with a blue spray paint.

And pulling some of the headliner off and examining it.

under the microscope i realized that there were millions of these things that had been manufactured by him and spraying the headliner And they were still there.

It was kind of like they were there for someone to find and I was lucky enough to be the one that found them.

Scientists vacuumed the inside of Hillary's car and analyzed the trace evidence.

They found thousands of paint particles identical in color, shape, and chemical makeup to those found in Marlene Miller's home.

The elemental composition is identical.

The infrared spectrum from the molecular composition is identical.

They both use Prussian blue.

We couldn't say that, you know, it came from the same spray can.

We're just saying, how did they get there?

They're so unusual in shape.

Why are they in both places?

Investigators suspected that Booker Hillary spray painted the interior roof of his car.

As he did, the round paint particles attached to the cotton fibers and remained cylindrical as they dried.

Driving around town, when Hillary hit a bump in the road, the microscopic particles shed, landing on his clothing and in his hair these paintballs just followed him around like a virus and he didn't know they were there

prosecutors believe that when Hillary entered Marlene's home on the night of her murder those microscopic paint particles dropped onto the miller's living room floor

He became literally a walking trace evidence factory.

This evidence placed Booker Hillary inside Marlene's home.

We had everything else outside and a tenth of a mile away, but the paintballs put him in the house.

That's how important they are.

In 1986, based on this new forensic evidence, Booker T.

Hillary was tried and convicted once again for the murder of 15-year-old Marlene Miller.

He was sentenced to the maximum penalty allowed, 25 years to life, although the judge made it clear that he would have imposed the death penalty if he had been permitted by law to do so.

Ironically, it was Booker Hillary himself who handed investigators the forensic evidence used to convict him.

Local authorities had tried to sell his car shortly after his first conviction in the 1960s, but Hillary wouldn't allow it.

He in turn filed a motion in federal court suing the county to stop him from getting rid of the car.

He dismissed the case and we decided not to sell it.

And thank you, Mr.

Hillary.

Had he not saved the car for us,

I would have never known where these particles came from.

Investigators credit the foresight of the late Art Thomas, the Kings County Chief Criminal Deputy, who in 1962 insisted that Marlene's mother vacuum the living room floor where the abduction took place.

He kept that trace evidence in police custody.

That was the key to it and I know Art knew that was the key to putting him in the house back then.

He was an investigator and he was a damn good cop.

We can

do what some people think can only be done in works of fiction.

We are, I believe, sort of the living embodiment of Sherlock Holmes and Dr.

Thorndike and some of these kinds of people, and that we can take this little speck of evidence and literally make it speak.