00:00:00
if you're listening the case file you probably love true crime podcasts so let me tell you about a new podcast called
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dead man talking created with audio boom dead man talking is about the death row
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confessions of the railroad killer angel Resendez who criss crossed the US by freight train in the eighties and
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nineties choosing his victims at random before he was executed by the state of Texas in 2006 before his death Resendez
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spoke to journalist and host Alex Hannaford and claimed on tape to have killed as many as 40 people each episode
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lying in order to slow down his journey to the execution chamber or was he even more sinister than anyone could have
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imagined dead man talking features interviews with the railroad killers only surviving victim the psychiatrist
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Resendez claims he committed visit Apple podcasts Google podcasts Spotify or your
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favorite podcast directory and search for dead man talking [Music] our episodes deal with serious and often
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distressing incidents if you feel at anytime you need support please contact your local crisis center for suggested
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phone numbers for confidential support please see the show notes for this episode on your app or on our website
00:01:45
in the early months of 1996 20 year-old and naval servicemen Patrick Murphy entered a bar in Truth or Consequences
00:01:53
where he met 23 year old Kelly Van Cleave the pair hit it off immediately and within weeks of meeting they decided
00:02:03
that either not but wedded bliss was fleeting without a place of their own the newlyweds moved in with Patrick's
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parents Janet and Steve by their two-week anniversary in July their marriage was already showing signs
00:02:19
of trouble the couple were known to argue often as Patrick was concerned that intimacy wasn't developing as
00:02:26
quickly as I'd liked at 9:00 a.m. on July 25 Kelly left the house to go for a walk and cool off after another nights
00:02:36
been arguing with her husband before she left Kelly told her mother-in-law Janet that
00:02:42
she was going to spend some time with friends that evening Kelly went to the Bluewater saloon in Elephant Butte where
00:02:50
she socialized with various friends including Dennis Roy Yancy and Jesse Ray Kelly failed to return home that night
00:03:02
the following morning Kelly's husband Patrick received a call from a female friend who informed him that she had
00:03:08
seen Kelly at the blue water saloon Patrick's friend said Kelly had been in the company of other men and was acting
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in a way that she perceived is flirtatious she could often no other information about where Kelly had gone
00:03:23
or who she left the bar with concerned for Kelly's welfare Patrick called the police to report his wife is missing
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as Patrick detailed the circumstances leading up to Kelly's disappearance including the fight that occurred
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between them the night prior the police didn't seem too concerned they assumed Kelly would return home once the tension
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from the couple's fight had blown over being a small town with a close-knit community police knew Kelly and told
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Patrick they keep an eye out for around town concern to the Kelly might be hanging around with the bad crowd
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Patrick drove around town searching for her he checked all of Kelly's usual haunts including the homes of some of
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her friends and when he didn't find her there he extended the search to houses of Kelly's acquaintances he made a quick
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stop by five one three baths road as he knew Kelly occasionally hung out with Jesse ray even though the two weren't
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particularly close as Patrick pulled into the driveway an unknown man who appeared to be in his
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20s approached and told Patrick that neither Jessie nor Kelly were at the house although Jessie's motorcycle was in the
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driveway Patrick took the man's word and left as Patrick continued searching for
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his wife he became increasingly irritated he was convinced his new bride was out partying with friends instead of
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wanting to work on their marriage when Kelly still hadn't returned home by the second night Patrick told his parents he
00:05:05
couldn't handle this kind of behavior and decided he was going to file for divorce his parents supported their
00:05:12
son's decision wholeheartedly Jenica the impression her daughter-in-law was untrustworthy and
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she didn't like seeing her son put through all this unnecessary stress on the third morning of Kelly's
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disappearance Patrick was outside helping his parents in the garden when a state's parked
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vehicle pulled up to Patrick's surprise Kelly emerged from the truck disheveled dirty and a barefoot Kelly's hair was a
00:05:41
mess and her clothes were in disarray [Music] Patrick was shocked by Kelly's out-of-character appearance as she was
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known for taking pride in the way she looked he also noticed she wasn't wearing her wedding ring
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Kelly was dazed and confused her eyes were having trouble focusing and she was babbling incoherently to
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herself although Kelly wasn't a big drinker her appearance and behavior suggest that she
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had a wild few nights and to look like she was nursing a hangover when Patrick asked where Kelly had been she told him
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she couldn't remember she moved to the front porch where she took a seat and attempted to gather her thoughts but she
00:06:29
couldn't pace any memories together and had absolutely no recollection of what she had done since she left the house
00:06:34
three days prior she knew she went out with friends to the blue water saloon on the first night but everything after
00:06:42
that was completely blank the state parks employee who dropped Kelly home emerged from the truck
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the older man had turned wrinkled skin well-groomed slicked back hair and a thick bushy mustache he explained that
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he found Kelly wandering around disorientated out near Elephant Butte Lake he pulled over and offered Kelly a ride
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home stopping off at a gas station on the way to buy her a drink as she showed signs of dehydration
00:07:17
having had enough Patrick confronted Kelly and told her he wanted a divorce when Kelly asked to go inside to collect
00:07:26
her things Patrick refused to let her in until she agreed to sign the divorce papers after
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being kicked out of her home and with no other means of transport the state parks
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employee offered Kelly a lift to wherever she wanted to go downtrodden she climbed back into the truck asking
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to be dropped off at a friend's house two days later Kelly returned to Patrick's parents house to collect her
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things she maintained her story that she couldn't remember a single thing that had happened to her during the three
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days she was missing but given that Patrick's friend had informed him that Kelly was seen flirting with other men
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at the blue water saloon Patrick suspected Kelly was lying to him Patrick had made up his mind he wanted a divorce
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reluctantly Kelly signed the divorce papers nearly three years later in 1999 janet
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murphy hadn't stayed in contact with kelly but as she watched a news report covering the David Parker ray case she
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was immediately reminded of her former daughter-in-law when she saw the accused her heart sank to her stomach it was the
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state parks employee with the tanned wrinkled skin and thick bushy mustache who dropped Kelly home after her
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three-day disappearance in 1996 janet quickly contacted the FBI believing David Parker ray may have been involved
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wanting to look into Janet's claims investigators asked whether her former daughter-in-law had any distinguishing
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physical characteristics janet said oh yes kelly had a unique tribal design tattoo of a swan on her right leg as
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that the David Parker ray case was unprecedented and investigators were overwhelmed with incoming information
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Janet's initial report languished in the stacks of files that had been collected
00:09:35
by authorities since the arrest of ray and Cindy Hendy it was brought back to their attention after media circulated
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images of the swan tattoo that had been pulled from a video cassette tape found on Ray's property investigators soon
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received a phone call from another woman who had seen the news reports and recognized the Swan tattoo the caller
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said the tattoo belonged to her friend Kelly Van Cleve [Music] [Music] the FBO I attract Kelly Van Cleave to
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her current home in Colorado where she had been living since 1998 they presented her with a file containing a
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photo of the Swan ty do they had extracted from the video tape found in David Parker Ray's house when they asked
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Kelly if it matched one of her own she became visibly shaken she confirmed that she didn't have a swan tattoo on her
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right leg and showed it to the investigators it was an exact match to the restraint woman Ray had filmed
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sexually assaulting when asked about her three-day disappearance in 1996 Kelly revealed her memories of that time
00:11:14
were still a blur speaking to investigators Kelly tried her hardest to piece together what she could remember
00:11:21
of that time she recalled that it was a swelteringly hot night on July 25 1996 eager for a distraction from the
00:11:32
argument she had with her husband Kelly spent the day with friends they went bar-hopping in the evening but
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Kelly had very little to drink and she wasn't a big drinker the group eventually wound up at the
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blue water saloon over the course of the evening Kelly crossed paths with Jesse ray the two
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won't close but shared the same circle of friends and hung out on occasion the two women shared a mutual friend Denis
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Roy Yancy as the night began to slow down and the bar patrons started petering out Kelly started to feel
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intoxicated this confused her as she had only had one drink throughout the Neue many of her friends had already left the
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bar and with no car of her own kelly accepted a ride home from Jesse ray Curley climbed on the back of Jesse's
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motorcycle at this point Jesse made reference to her own intoxicated state and expressed concern about driving
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under such conditions Jesse decided she was going to stay the night at her father's place at 5 1-3 bass road but
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assured Kelly she would drop her off at a friend's place along the way as the two women took off down the highway
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Kelly secured her arms around her Jesse's waist as she started to feel increasingly dizzy at this point
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Kelly's mind became incredibly foggy and she was having trouble keeping her eyes
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open the next thing she remembers is driving to hot springs landing and pulling up at
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five one three bath road Kelly recognized it as the home belonging to David Parker ray has she
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had once tagged along with friends who visited Jesse ray there upon their arrival
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Kelly's mind went blank while she had never been able to piece together exactly what happened in July in 1996
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from then on Kelly Van Cleave started suffering from nightmares that were so vivid she was certain they emerged from
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repressed memories worried that she might sound crazy she hadn't shared this information with
00:13:54
anyone it wasn't until the FBI contacted her regarding the David Parker ray case
00:14:00
that Kelly came to the chilling realization that her nightmares were remnants of real experiences she had
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suffered at the hands of Ray these recovered memories were hazy but coupled with the video footage of Kelly found in
00:14:17
the toy box investigators believed Kelly had been inconspicuously sedated during
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her abduction and throughout her captivity not just to keep her docile but to impact her ability to recall the
00:14:29
details later on this correlated with evidence of hypnotic drugs found in the toy box and comments made by Angelica
00:14:38
Montaigne who overheard ray consider drugging her until her mind went blank from what kelly could now remember after
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Jesse Ray drove them to David Parker Ray's house the two women went inside upon entering Ray's house Kelly sat down
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on a couch Jesse left the room for a short wall and upon her return David Parker ray was in tow Kelly couldn't
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recall specifically who did what but she remembers one sitting beside her and to
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the other holding a four inch long folding knife against her throat Kelly thought they were playing a prank on her
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still overcome by dizziness she could barely react as her hands were restrained by handcuffs the joke was
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lost when Kelly's face was wrapped in duct tape she was then stripped naked and a metal
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collar was firmly secured around her neck Kelly spent the following two and a half
00:15:39
days captive in David Parker ray toy box as evidence suggests that Kelly was kept
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sedated during her captivity she was unable to recall specifics of her ordeal she recalled being strapped to something
00:15:55
that resembled a weight bench although her eyes were covered with duct tape she knew David Parker ray was with her
00:16:04
for most of the time in one instance she said he played a gynecologist with her investigators believed this was the
00:16:13
incident ray filmed on the videotape recovered at the crime scene David Parker ray told Kelly that he was part
00:16:23
of what he referred to as a Satan worshipping group who had been watching her for a long time according to Ray
00:16:30
members of the group specifically wanted to kidnap Kelly to use as a sex slave but would now be pissed off at him
00:16:37
because she was quote too tight between the legs for good sex kelly retained to the memory of sitting inside David
00:16:47
Parker ray State Parks work truck two and a half days later fully clothed in the same outfit she'd been wearing when
00:16:54
she left her house Kelly felt groggy and spaced out unsure what was going on ray
00:17:02
was driving the vehicle as if nothing had happened and casually dropped her off at home immediately after these
00:17:09
events Kelly could barely recall anything that happened to her at five one three bass Road she later had a
00:17:16
vague recollection of scene Jesse Ray before she blacked out but when she saw Jessie around town she acted perfectly
00:17:23
normal giving Kelly no reason to suspect anything untoward had happened from Kelly van Cleves harrowing
00:17:34
statements it was clear that David Parker raised partner Cindy Hendy and the long-term friend Denis Roy Yancy
00:17:41
were not the only ones who assisted with his crimes in what was perhaps the most
00:17:46
disturbing discovery his own daughter Jessie Ray was also involved Denis Roy Yancy had implicated Jessie ray as an
00:17:56
active participant in the abduction and murder of Murray Parker but given Yancy had BAC flipped on his
00:18:02
confession he was unreliable he ends his claims against Jessie Ray were now solidified by survivor
00:18:11
Kelly Van Cleave who implicated Jesse ray directly is the person who abducted her on behalf of David Parker ray Jesse
00:18:21
ray no longer lived in Elephant Butte but had recently returned to her father's bus road property after
00:18:27
receiving word of his arrest prior to her return she had spoken to investigators on the phone requesting to
00:18:35
be interviewed in relation to Ray's arrest as the allegations against him were in her opinion getting out of hand
00:18:43
she only agreed to return to town after police assured her she wouldn't be immediately arrested for a pending drug
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charge upon her return to Elephant Butte Jesse ray immediately came to her father's defense she adamantly denied
00:19:00
the allegations made against David Parker ray and Cindy Hendy stating that their actions with other
00:19:05
women were consensual and not criminal during these interviews Jesse ray gave investigators no reason to look at her
00:19:14
with suspicion or consider her to be involved with these crimes in any way on April 26 1999 investigators arrived
00:19:23
for 5 1-3 bass Road where they arrested Jesse Ray in relation to the abduction and rape of Kelli Van Cleve
00:19:33
jessie was transported to the Truth or Consequences Police Station where investigators were also eager to
00:19:39
question her for the first time about her involvement in Marie Parker's murder as alleged by co-accused Dennis Roy
00:19:46
Yancy however Jessie refused to say a word until she spoke to her attorney her state-appointed lawyer Billy Blackburn
00:19:56
advised this coin to stay silent Jessie was transported to the Dona Ana County Detention Facility and made her first
00:20:06
court appearance the next day she faced 12 charges relating only to the crimes committed against Kelly Van Cleave one
00:20:15
charge for kidnapping six charges for criminal sexual penetration one charge for criminal sexual contact one charge
00:20:23
for assault with intent to commit a violent felony and three charges for conspiracy if found guilty she faced the
00:20:31
total of 150 years in prison and a one-hundred and forty thousand dollar fine continuing to maintain her
00:20:40
innocence On June 23 1999 Jesse Ray entered a plea of not guilty David Parker ray also had these charges added
00:20:51
bringing his total number of charges up to 37 jesse received the same bail amount as her father and Cindy Hendy set
00:21:00
at 1 million dollars unable to pay she was returned to the Dona Ana County Detention facility to await trial
00:21:12
[Music] after months of investigation Cindy Hendy x' claims that David Parker ray
00:21:19
was a serial killer remained unsubstantiated while investigators continued coming up and be handed in the
00:21:26
search for bodies they started pouring back through old crime reports for anything that could be linked to the
00:21:32
investigation there was one case in particular that sparked the FBI's attention in 1989 ten years before David
00:21:42
Parker raised at rest a local fisherman had found the body of an unknown man floating in Elephant Butte Lake the man
00:21:50
had been shot in the back of the head before being wrapped in a blue tarp weighed down with two boat anchors and
00:21:56
dumped in the lake the body contained no form of identification leading police to
00:22:03
put a bulletin out to all neighboring states in the hopes of identifying the victim a positive identification was
00:22:11
never made and a decade later the men remained unidentified in his final resting place in the truth or
00:22:17
consequences town cemetery his headstone simply read mr. John Doe as investigators from the David Parker
00:22:30
ray case sifted through john doe's case notes a decade later they discovered that when the body was found there was a
00:22:37
key chain in the man's pocket that listed an address in Phoenix Arizona while looking through missing-persons
00:22:44
reports from Arizona around the time the body was discovered they were able to match the clothing to
00:22:49
a man who was reported missing in late September 1988 dental records confirmed to john doe's identity as 41 year old
00:22:59
billy bowers at the time of his disappearance billy lived and worked 420 miles away in
00:23:06
Phoenix where David Parker ray was also living at the time upon further investigation a startling discovery was
00:23:15
made not only would David Parker ray and Billy Bowers living in the same town they were also working in the same car
00:23:24
repair shop David Parker ray wasn't living in Elephant Butte at the time Billy Bell was disappeared but he was
00:23:34
leasing the five one three bus road property which proved ray was familiar with the area at the time during an
00:23:43
earlier interview with police Cindy Hendy had revealed another incriminating story that David Parker ray had bragged
00:23:49
to her about ray told handy that years ago when he was living in Phoenix Arizona a friend asked him to kill a man
00:23:58
over a drug deal gone wrong ray claimed he shot the man in the back of the head before wrapping his body in a tarp and
00:24:05
driving him 420 miles all the way to Elephant Butte where he tied anchors to his body and dumped him in the lake
00:24:15
although Cindy Hendy story matched the case perfectly and authorities were able to provide a direct link between David
00:24:22
Parker ray and Billy Bowers once again they had no concrete evidence to prove the Ray was involved with Billy's murder
00:24:30
if taken to court the allegations could easily be stripped down to coincidence in hearsay
00:24:36
ten years had passed since Billy Bowers body was initially discovered which meant the chance of uncovering solid
00:24:43
evidence was highly unlikely unable to file charges with what they heard investigators continued the search for
00:24:51
any evidence that could tie a David Parker ray to murder FBI profilers analyzed that the
00:25:01
information they had on David Parker ray so far hoping to better understand Ray's
00:25:06
behavioural patterns to assist with the investigation based on his criminal profile and information provided by
00:25:14
Cindy Hendy they were certain ray kept trophies taken from his victims and he had revealed in interviews that Ray took
00:25:22
items of jewelry belonging to his victims these allegations were supported by Kelly Van Cleave whose wedding ring
00:25:30
along with other personal items were missing after her abduction during the initial search of the
00:25:37
bathrobe crime scene hundreds of items of jewelry and clothing had already been seized believed to be items belonging to
00:25:45
other victims of David Parker ray profilers were convinced there could be more evidence of trophy keeping that
00:25:52
could help them identify more victims on April 28th 1999 investigators returned to five one three bath road to conduct a
00:26:03
thorough search for David Parker ray suspected trophies Jesse ray had been living on the
00:26:10
property since her father's arrest concerning investigators that she may have destroyed or concealed evidence
00:26:18
experts provided an extensive list of potential hiding spots including the obvious like cabinets and drawers to the
00:26:26
more obscure such as hollowed out batteries and Bibles knife handles false ceilings and to the insides of eggshells
00:26:33
and tea bags investigators had also received information from David Parker Ray's neighbors that he was often seen
00:26:41
digging around in his yard planting trees before digging them back up and moving them elsewhere based on these
00:26:49
reports an excavator and advanced the ground-penetrating radar were brought to the property for another search of the
00:26:56
yard but other than a few minor fall ins no major breakthroughs were uncovered by
00:27:08
December 1999 nine months had passed since David Parker raised at rest and two the investigation had failed to
00:27:15
uncover any bodies or human remains that could be unequivocally linked to the case so far only Ray's accomplice
00:27:23
Dennis Roy Yancy had been charged with murder based purely on his confession Yancy was scheduled to go to trial for
00:27:32
the first-degree murder of Marie Parker on December 6 1999 he was also charged with kidnapping conspiracy and tampering
00:27:41
with evidence he was facing a potential 46 year prison sentence and a 45 thousand dollar fine as Marie Parker's
00:27:52
body had not been found ENC was now denying the murder he indicated he intended to claim he had
00:27:59
made a false confession and would be pleading not guilty to the murder at trial according to a statement made by Yancy's
00:28:08
wife Christina Yancy feared David Parker ray had photos of him strangling Murray
00:28:14
Parker to death it was the existence of these photographs that may have compelled
00:28:20
Yancey to confess in the first place as he was sure that would be uncovered and prove his involvement but Cindy Hendy
00:28:27
had told investigators that Ray would periodically destroy his photograph collection of his victims which
00:28:34
explained why the alleged photos of Murray's murder had never been found on December 2 just four days before the
00:28:44
trial was scheduled to commence Yancy entered a last-minute plea deal with the prosecution he agreed to plead guilty to
00:28:51
a lesser charge of second-degree murder and conspiracy to commit murder in exchange for a 25 year prison sentence
00:28:58
with five years of probation as part of the plea deal any future charges that may arise against him from Murray
00:29:06
Parker's case would also be dismissed the prosecution felt that a second-degree murder charge was their
00:29:15
best bet at securing a conviction as they had no evidence beyond DNC's confession Murray Parker's family were
00:29:23
not informed about this plea deal learning of it for the first time when the media reported at the following day
00:29:30
they were disappointed by the news criticizing the prosecution for their decision Marie's foster sister Julie
00:29:39
Lawrence said quote I can't begin to express to you the absolute devastation I've gone through since we lost her I
00:29:47
loved her very much she had a heart bigger than anybody I've ever known she fed hungry homeless children found
00:29:56
places for them to sleep so they wouldn't freeze to death she frequently put other people ahead of
00:30:02
her own AIDS that's who she was in denier she's gone District Attorney run Lopez defended the
00:30:14
decision to offer Dennis Roy Yancy a plea deal by stating there wasn't a lot they could do without a body
00:30:21
Lopez quote we have one of the pieces of the puzzle figured out now the where the
00:30:28
remains are we may never know the plea deal wasn't the only controversial moment of Marie Parker's case the fact
00:30:38
that Dennis Roy Yancy was the only person ever charged in connection with the crime is also a major point of
00:30:44
contention district attorney Ron Lopez maintained against his confession alone wasn't enough to build a case against
00:30:53
the David Parker ray or Jesse ray Cindy Hendy had also accepted a plea agreement
00:31:00
back in April 1999 but in the months following she tried to renege on the deal from his prison cell David Parker
00:31:10
ray had been writing the love letters to Cindy Hendy causing her to have a change
00:31:14
of heart despite already agreeing to the plea deal and having her original 25 charges reduced to just 5 she now wanted
00:31:24
to have all her previous statements implicating ray retracted plead not guilty and to go to trial
00:31:32
her grounds for reversing the deal whether the terms of the plea had not been properly explained to her in a
00:31:41
January 2000 hearing judge Neil Mertz ruled against Hindi's request for a trial based on the fact that Hendy quote
00:31:49
knowingly and voluntarily entered into the plea deal judge Mertz stated that Hindi's desire to protect her David
00:31:58
Parker ray was not a valid reason to withdraw from the plea agreement on May 11 2007 D was sentenced to 36
00:32:09
years in prison for her crimes committed against Cynthia veal and Angelica Montaigne with 2 out of 3 of David
00:32:18
Parker raised known accomplices behind bars the final one left to face trial was his
00:32:24
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Jessie Ray's lawyer Billy Blackburn put in a request for his clients trial to be
00:36:30
moved outside of Sierra County Blackburn argued that the extensive media attention the case had received but his
00:36:37
client at risk of receiving an unfair trial as there wasn't a potential juror in Sierra Leone capable of reaching an
00:36:45
unbiased verdict Blackburn also put in a request to the Supreme Court for Jesse ray and David Parker ray
00:36:53
to face a joint trial in relation to the charges against them for the Kelly Van Cleave case the Supreme Court passed the
00:37:02
decision on to judge Neil nerds who in September in 1999 ruled against the request meaning the defendants would
00:37:09
each face a separate trial although judge Mertz did agree to Billy Blackburn's request to hold the trial
00:37:15
outside of Sierra Leone both trials would occur within New Mexico with David Parker raised scheduled for March 2000
00:37:25
in tiara and Maria and Jessie raised to occur four months later in Gallup it was
00:37:32
also ruled that David Parker ray would face three separate trials for each of his known survivors Kelli Van Cleve
00:37:39
Angelica Montana and Cynthia veal as opposed to a single trial for all sadly Angelica Montano would never receive
00:37:50
justice as jury selection was about to commence for Kelly van Cleves trial Angelica Montano passed away in an
00:37:58
Albuquerque Hospital from pneumonia and heart failure she was just 28 years old jury selection for Kelly van Cleves
00:38:08
trial proved to be far more complicated at than originally anticipated upon being briefed about the case many
00:38:16
potential jurors excused themselves for work or religious reasons or claimed that were unable to handle the graphic
00:38:23
nature of it others were denied based on the fact that they had already openly decided
00:38:28
David Parker ray was guilty one woman went as far as telling the court quote as far as I'm concerned he's guilty and
00:38:38
should be tortured like he tortured those women and to then be sent to prison to die on her way out from the
00:38:46
courtroom she glanced over at David Parker ray and called him the scum of the earth the jury selection debacle
00:38:57
wasn't the only thing delaying David Parker Ray's trial for his crimes against Kelly Van Cleave ever since his
00:39:04
arrest in March 1999 Ray had been suffering heart problems that required multiple visits to the hospital when his
00:39:12
trial was due to commence in March 2000 David Parker ray was once again hospitalized delaying court proceedings
00:39:20
further the trial for Kelly Van Cleave finally commenced On June 29 2010 Parker Ray's court attire consisted of a
00:39:30
striped western-style shirt black jeans and cowboy boots before proceedings began he appeared laid-back and relaxed
00:39:39
and was seen smiling and joking with his team of lawyers as part of a court ruling no evidence of Ray's other
00:39:47
alleged crimes was allowed to be introduced during Kelly's trial meaning the case relied heavily on a single
00:39:54
piece of evidence the videotape that showed Kelly Van Cleave restrained in the toy box
00:40:00
in his opening statement prosecutor Jung Eun's said quote you'll see him rubbing his
00:40:07
hands over her body the defendant used her as a toy David Parker Ray's defense lawyer
00:40:16
Jeff rein used his opening statement to try and attack kill his character he described Kelly as a party girl one that
00:40:24
lived each day like there was no tomorrow Raine pointed out that her memory about
00:40:30
the incident was hazy and therefore unreliable and that he didn't believe the act on the videotape was evidence of
00:40:37
rape after the opening statements were presented the trial was suddenly interrupted by David Parker ray who
00:40:45
complained of chest pains ray was rushed to hospital but cleared later that evening and the trial resumed the
00:40:52
following day over the course of the next two weeks the jury heard testimonies from Kelly Ben cleave her
00:41:02
ex-husband Patrick Murphy and Kelly's therapist who had diagnosed Kelly with post-traumatic stress disorder David
00:41:10
Parker ray wasn't called to testify in fact the defense didn't call any witnesses instead relying solely on
00:41:18
cross-examining the prosecution witnesses in closing arguments on July 12 prosecutor Jimmy John's emphasized
00:41:28
the strength of the toybox videotape as damning evidence against David Parker ray
00:41:33
although Kelly's face wasn't visible he urged the jury to pay close attention to
00:41:38
the fact that Kelly had the same unique tattoo the same hair and the same build as the woman on the videotape he said
00:41:47
there was no doubt it was Kelly Van Cleave who they had witness to strapped down and assaulted by the accused
00:41:55
the defense focused on Kelly's testimony being based on her unreliable memory and
00:42:00
inability to recall specific details Jeff rein relentlessly attacked Kelly during his closing argument saying quote
00:42:10
if you're telling the truth you don't have to try and remember things why in the world would David Parker ray take
00:42:17
her home to her husband's house in broad daylight we're not suggesting that she wasn't at
00:42:23
David Parker Ray's house but she has an awful selective memory the jurors were just about to leave the courtroom to
00:42:33
begin deliberations when David Parker ray made another scene standing up and grabbing his chest as though in pain he
00:42:40
was rushed to hospital but released soon after as the deliberations continued on
00:42:51
July 13 2010 alerts shocked the court when he announced a mistrial on the grounds that two of the 12 jurors didn't
00:42:59
believe Kelly Van Cleave was telling the truth deciding her story made no sense and was
00:43:05
unconvincing these jurors therefore voted to acquit David Parker ray the other ten jurors disagreed resulting in
00:43:14
a hung jury Jeff rein was thrilled with the result stating it was clear the jury had been
00:43:21
paying close attention to the evidence undeterred the prosecution immediately filed to have the case retried into the
00:43:30
new trial was scheduled for November 27 2000 the second to trawl played out significantly different from the first
00:43:39
jury selection went smoothly this time and there were no further motions from either of the legal teams since the
00:43:48
first trial had ended Jeff rein had quit his job as a defense lawyer and relocated to Alaska leading
00:43:54
to speculation that he wanted to remove himself as far from the David Parker ray
00:43:58
case as possible ray was assigned a new lawyer Lee McMillian after the complications and delays of the first
00:44:10
trial judge neil nerds commented that he was happy things were progressing so smoothly this time on November 29 2002 a
00:44:19
colleague what else could possibly go wrong the next day judge Mertz died suddenly
00:44:26
from a heart attack after Judge Mertzes unexpected death the trial was delayed yet again as a new judge was selected
00:44:36
and brought up to speed with the case the appointment went to Judge Kevin Swayze into the retrial commenced on
00:44:44
April 11 2001 unlike a judge Neil nerds who had been to the prosecution from entering any evidence in relation to
00:44:54
David Parker raise other alleged crimes Judge Kevin Swayze was much more lenient
00:44:59
allowing the majority of evidence to be presented this ruling gave the prosecution far more to work with
00:45:06
allowing them put their existing evidence into context by proving Kelley's abduction and assault was part
00:45:13
of a much bigger more sinister plot of sex slavery and torture working strongly in the defense's favor
00:45:21
judge Mertz had prohibited a shocking piece of evidence from being presented in Kelly Van Cleef's first trial an
00:45:28
audio cassette tape the tape was played to several of ray's victims upon their arrival to five one three bus road
00:45:36
including Cynthia veal and Angelica Montano in the tape Bray used the first-person narration to describe in
00:45:45
explicit disturbing detail what he intended to do to his slave during her time in captivity during the initial
00:45:58
search of David Parker raised bus road property nine different versions of the introductory audio tapes were found each
00:46:05
tapes seemed to be a rehearsal as if ray was trying to work out a completed script that he was happy with most of
00:46:13
the tapes ended with Christian music the tape played to the court was Ray's final
00:46:19
most polished attempt at the beginning of the recording David Parker ray provides a warning quote this audio tape
00:46:30
contains very graphic sexually oriented material for adults only it was designed
00:46:36
and created for entertainment purposes only it was those key words entertainment
00:46:43
purposes only that resulted in the prosecution having difficulty admitting the tape in the first trial the defense
00:46:50
argued the tape was simply a work of fiction nothing more than a fantasy another reason the tape was withheld
00:46:58
from Kelly Van Cleef's first trial was that given her memory loss she was unable to recall whether the tape had
00:47:05
ever been played to her however as many of the details of torture and assault described in the tape match to Kelly's
00:47:12
testimony judge Swayze now permitted it to be played during her second to trial David Parker raised voice cut through
00:47:22
the Silence of the courtroom quote hello there [ __ ] are you comfortable right now I doubt it wrists and ankles chained
00:47:34
gagged probably blindfolded you were disoriented and scared too I would imagine perfectly normal under the
00:47:43
circumstances for a little while at least you need to get your [ __ ] together and listen to this tape it is very
00:47:51
relevant to your situation I'm going to tell you in detail why you have been kidnapped what's going to happen to you
00:47:59
and how long you'll be here I don't know the details of your capture because this
00:48:05
tape is being created July 23 1993 as a general advisory tape for future female captives the information I'm going to
00:48:15
give you is based on my experience dealing with captives over a period of several years if at a future date there
00:48:22
are any major changes in our procedures the tape will be upgraded now you're obviously here against your will totally
00:48:32
helpless don't know where you're at don't know what's going to happen to you you're very scared or very pissed off
00:48:39
I'm sure that you've already tried to get your wrists and ankles loose and to know you can't now you're just waiting
00:48:48
to see what's gonna happen next for around 45 minutes the tape went on to describe in explicit graphic detail
00:48:59
exactly what the captor could expect during their time at David Parker Ray's mercy including extreme acts of torture
00:49:06
rape violence and degradation he spared no detail explaining his different sexual fetishes his formula for drugging
00:49:16
and hypnotizing women to induce memory loss his methods for removing DNA evidence and the precautions he had
00:49:23
taken to ensure no slave could escape his prison he also explained he wouldn't be the only one
00:49:32
abusing the captive he had a female accomplice whom he often referred to as his mistress who would also be joining
00:49:39
them to assist in sexual assault and what he referred to as dungeon games he said he would also be hosting parties
00:49:48
where his captives would be subjected to further assaults by his friends ray spoke of his complete disregard and
00:49:57
disdain for women explaining that he had been sexually assaulting female since he
00:50:02
was a teenager and that he and his female accomplice had been keeping sex slaves for years he said if he killed
00:50:10
every woman he kidnapped there would be bodies strung all over the country under
00:50:15
that wall he didn't enjoy killing the women he captured he had no qualms with slicing the throat of anyone who posed a
00:50:21
threat quote I would really hate to have to dump that pretty little body off in a
00:50:28
canyon somewhere to rot I'm not trying to scare you that's just the way it is be nice keep your mouth shut
00:50:36
learn the rules and survive David Parker ray ended the tape by telling his captive quote have a nice day when the
00:50:54
audio tape finished playing the entire courtroom sat in stunned silence several members of the jury covered their faces
00:51:01
with their hands David Parker ray statistics turning narration had described horrific
00:51:08
events that matched the descriptions of violent sexual abuse and torture given by Rey survivors the fact that the tape
00:51:17
was dated in 1993 three years before the crimes against Kelly Van Cleave only added fuel to speculation that David
00:51:25
Parker ray had been far more prolific and there may be more victims yet to be identified as it was recorded before
00:51:33
David Parker ray met Cindy Hendy it was also unclear who raised female mistress was as he never referred to her by name
00:51:42
none of Ray's alleged friends were named nor has there been any evidence to support the theory that many more people
00:51:49
were involved but the tapes strongly suggested Hendy was not raised only partner-in-crime defense lawyer Lee
00:51:59
macmillian argued that the date was meaningless as the tape could have been recorded much later than 1993 and Ray
00:52:07
may have used the wrong date on purpose to install more fear in his victims by suggesting he had been doing this to
00:52:13
others for a long period of time given that investigators didn't seize the tape until 1999 McMillion asked if the
00:52:22
prosecution could prove without doubt that the tape had been at five one three bus road in 96 when the alleged crimes
00:52:29
against Kelly Van Cleave occurred the prosecution couldn't prove this point but it didn't matter the damage had
00:52:38
already been done it took the jury five hours to find a David Parker ray guilty of all charges for the crimes committed
00:52:47
against Kelly Van Cleave despite the guilty verdict the defense was not budging from its position that Kelly Van
00:52:58
Cleave had consented to everything that happened during her time with David Parker ray
00:53:03
they claimed Kelly was embarrassed at having willingly participated in sadomasochism leading her to claim she
00:53:10
had been drugged and suffered trauma induced memory loss defense away early mcmillian said Ray's
00:53:17
guilty verdict meant anyone who engaged in alternative sexual practices could now be vilified for their Kings quote
00:53:26
from our point of view this entire investigation and process has all the marks of a witch-hunt nobody who engages
00:53:34
in alternative sexual practices is going to be safe David Parker ray sentencing was hold off until he faced a trial for
00:53:43
crimes committed against Cynthia veal and Angelica Montano the expectation was that Ray would
00:53:49
appeal his conviction but what happened next took everyone by surprise like a Dennis Roy Yancy and Cindy Hendy before
00:53:59
him David Parker ray was offered a plea agreement facing a life sentence for the
00:54:08
crimes against Kelly Van Cleave the plea agreement offered ray the option to plead guilty to all remaining charges
00:54:14
for crimes committed against Cynthia veal in exchange for the charges for crimes committed against the
00:54:20
now-deceased Angelica Montano being dismissed to further tempt ray into agreeing to
00:54:27
the deal the prosecution offered to spare his daughter Jessie Ray from trial and to reduce her prison turn ray
00:54:37
accepted the deal as a result Jessie Ray was sentenced to just two and a half he
00:54:44
is in prison for her role in the crimes committed against Kelli Van Cleave with an additional five years probation
00:54:57
as part of Rey's plea deal he was required to provide 100 hours of recorded interviews with profilers from
00:55:04
the FBI's behavioral science unit the interviews hoped to shed light on Rey's patterns and motivations in turn
00:55:12
providing a valuable contribution to the FBI profilers database on August 21 2001
00:55:20
David Parker ray was escorted into a conference room for the first of his court-mandated interviews David Parker
00:55:29
ray began his interview at his childhood where he was raised on his grandparents
00:55:33
ranch along with two abusive ons his aunts would often hold him upside down by the ankles over the Pigpen
00:55:40
threatening to drop him in and feed him to the pigs when he would take a bath they would force his head under the
00:55:49
water allowing him up for air just as he was running out of breath it caused him
00:55:54
to develop a great fear of water a phobia he actively worked to overcome in his adult years as a teenager ray began
00:56:05
reading magazines that featured bondage and sadomasochism some of which were supplied to him by his father this
00:56:12
sparked an interest in the fetish which developed into full-blown fantasies where he dominated women
00:56:19
after being shamed humiliated and psychologically terrorized by his aunts as a child Rey felt the way to regain
00:56:27
his power would be to dominate others Rey had difficulty explaining how his furnaces worked exactly but he referred
00:56:37
to them as cycles from which he would step up and step down when he was in a cycle or stepped up a violent fantasy
00:56:45
dominated his mind so powerfully that he was unable to concentrate on anything else when he stepped down from a cycle
00:56:53
he was able to focus on normal everyday things like work and relationships Rey claimed to have no control over the
00:57:02
Fennessy cycles describing them as waves that would come crashing down on him when he least expected it he once sought
00:57:09
psychological help from the Veterans Administration Center who provided him with reading material on the matter but
00:57:16
it only made things worse in the 1970s he confided in his then wife Glenda Rae Jesse Ray's mother about his affinities
00:57:27
for bondage discipline and restraining women hoping to find release from the fantasies that tormented him he admitted
00:57:36
to Glenda it was the only way he could be truly sexually satisfied glenda didn't take her husband's
00:57:43
revelation well and it led to the end of their marriage ray cut things off with blender for good by moving to a
00:57:51
different city during Ray's interviews he made no mention of anything that happened to during the 1980s instead of
00:58:00
jumping straight to 1994 after the end of another relationship ray settled in Elephant Butte and began working on what
00:58:09
he dubbed the toy box a project that would eventually cost him over $100,000 however ray said he considered the toy
00:58:19
box to be more like a personal museum a space he had created purely for himself when his fantasy stepped up he would
00:58:28
spend a time in the toy box where he would make new audio tapes bright fictional bondage stories and draw
00:58:34
images of restraint women he claimed the toy box was designed to keep his fantasies in check safeguarding him from
00:58:43
crossing the line and to carrying his fantasies out on any real women ray said the toy box worked for a while until he
00:58:52
met a sex worker who went by the name candy faire candy worked as a submissive in a bondage and discipline house and
00:59:00
had a personal interest in the fetish deriving sexual pleasure from pain ray and candy organized some private bondage
00:59:09
sessions and from that moment on David Parker razor life changed candy had a high tolerance for pain and was able to
00:59:18
satisfy all the phrase desires so much so that Ray soon developed an obsession his sessions with candy consumed his
00:59:28
every thought but ice candy couldn't be available whenever ray wanted her his desires were going unfulfilled and
00:59:35
overwhelming him Rey was already in a relationship with Cindy Hendy at this time and he handy
00:59:43
and can be fair would occasionally engage in sexual relations together on some occasions Denis Roy Yancy would
00:59:51
also join in handy then decided she wanted raid to cut ties with candy to which he agreed so the couple had to
00:59:59
come up with new ways of fulfilling raising men's desires cindy Handy's interest in bondage was more of a
01:00:11
voyeuristic fetish so they decided they should hire a sex worker who ray could restrain and dominate while hindi
01:00:17
watched after driving to Albuquerque they chose to approach Cynthia V Hill ray claimed Cynthia agreed to engage in
01:00:28
paid bondage sessions at his house over the weekend but when they arrived at Elephant Butte she became sick from drug
01:00:35
withdrawal which turned him off when he refused to pay her the agreed-upon price
01:00:40
she turned on him and made the accusations but then ray changed his story and tried to put the blame on his
01:00:49
partner Cindy Hendy saying he never wanted to hire a sex worker but Hendy had pressured him into doing it he
01:00:57
firmly denied ever having drugged a woman and denied he ever kept mementos from women he also denied having kept a
01:01:04
records of any women he held captive saying it was impossible to keep a record of something that never happened
01:01:13
on the second day of Ray's FBI interviews special agent Ellen O'Toole who was conducting the interview told
01:01:21
David Parker ray that she wasn't buying his [ __ ] she accused him of lying and said she didn't believe that the toy
01:01:29
box was created as a space for ade to sit by himself when his fantasies consumed him she could tell just by
01:01:35
looking at it that its main purpose was death Rey sat in silence for a moment before
01:01:43
asking to speak to his lawyer li McMillian after talking with his client mcmillian told the FBI that David Parker
01:01:52
ray was terminating interview sessions Rey was returned to his prison cell where he requested his defense team
01:02:01
commenced legal proceedings to try and reverse his play deal Rey claimed he was on medication when he agreed to the plea
01:02:08
bargain and that it impacted his decision-making ability he now wanted the played not guilty to all remaining
01:02:16
charges and to go to trial the judge wasn't buying David Parker Ray's claim that his decision to enter the plea
01:02:25
bargain was made unconsciously a 60-day evaluation conducted prior to his acceptance of the plea concluded he was
01:02:34
of sound mind raised guilty plea was upheld and on September 20 2001 David Parker ray was sentenced to 223 years in
01:02:45
prison for the crimes committed against Cynthia Beal and Kelly Van Cleve Angelica Montano's case had been
01:02:53
dismissed as part of the plea deal at Rey's sentencing the Attorney General for the state of New Mexico stated quote
01:03:03
it's necessary to keep the animal in his cage the animal can't live among us as a
01:03:11
community and state we can't risk him being out on the streets neither David Parker ray nor his
01:03:20
thought at Jesse Ray ever faced a single charge in relation to the murder of Murray Parker likewise despite a strong
01:03:28
circumstantial case David Parker ray was never charged in relation to the murder
01:03:33
of Billy Bowers his former colleague from Arizona whose body was found in Elephant Butte Lake in court
01:03:42
Kelly Van Cleve told David Barker a quote I want you to burn in hell I just wish that you would live long enough to
01:03:52
serve your full sentence then on May 28 2002 just eight months into his 223 year
01:04:03
prison sentence David Parker ray suffered a heart attack and died six months after David Parker Ray's death in
01:04:16
November 2002 water levels in Elephant Butte Lake reduced significantly allowing New Mexico State Police divers
01:04:24
to conduct a more thorough search of the deeper sections of the reservoir no bodies or any significant discoveries
01:04:32
were made in May 2003 state-of-the-art sonar equipment was used to search the lake and that surrounds further this
01:04:43
effort also led to no discoveries in October 2011 the FBI announced that due to environmental changes in a canyon
01:04:53
near Elephant Butte Lake they would be conducting a new large-scale search for human remains
01:05:00
once again they came up empty-handed still convinced that David Parker ray buried up to 40 victims authorities
01:05:10
released the hotline for people to call in with any information they heard in relation to the case one caller reported
01:05:19
spotting some bones on the eastern side of Elephant Butte Lake during a visit to
01:05:23
the area a month prior when investigators searched the area they found a foot long section of a femur as
01:05:30
well as several other smaller leg bones tests determined the bones to be human but as they were extremely weathered
01:05:39
forensic scientists were unable to determine their age to this day the remains have never been identified in
01:05:49
November 2011 the FBI held a press conference in Albuquerque in an attempt to spark some new leads they also sought
01:05:58
to identify a woman whose photo was found at five one three bus road believing she may have been a victim of
01:06:05
David Parker ray two days later the woman from the photo contacted the FBI to identify herself
01:06:13
and to confirm that she had not been a victim despite constantly running into dead
01:06:25
ends the FBI into New Mexico State Police refused to give up the search for David Parker Ray's victims throughout
01:06:34
the ongoing course of the investigation authorities have released the identity of another young woman who they strongly
01:06:40
suspect could have met with foul play at the hands of David Parker ray 22-year old Jill Suzanne Troya was last seen in
01:06:50
Albuquerque on the late evening of September 30 1995 a petite woman of Asian appearance with dark hair and
01:06:58
metal eyeglasses Jill was spotted by several witnesses drinking at the frontier restaurant with Jesse Ray who
01:07:06
according to some reports was her girlfriend at the time according to witness reports Jesse and chill broke
01:07:13
into a loud argument and Jesse stormed out of the restaurant when Jill left a short while later it was the last time
01:07:21
anyone saw her alive Jill was reported missing to the Albuquerque Police Department by her
01:07:27
mother who described her daughter as trusting and naive and two that it was out of character fuel not to be in touch
01:07:34
with her loved ones Jesse ray claims to know nothing about jewel Troyer's disappearance Jessie
01:07:43
taught police she left the frontier restaurant with her father David Parker ray and moved back to Elephant Butte
01:07:50
without jewel during the search of David Parker raised toybox forms were uncovered that described the physical
01:07:59
characteristics of different women authorities suspect the rate used these forms to keep a record of his victims
01:08:05
but they only contained attributes and to no names the description on one form bears striking similarities to jewel
01:08:14
Troyer however since Ray's death investigators have been unable to determine whether
01:08:20
the forms are factual or fantasy in one of Cindy Handy's initial interviews with
01:08:27
police she also claimed that Ray had once brought a small woman of Asian appearance into his toy box before
01:08:33
shooting her in the back of the head and disposing of her body in one of these dumping grounds when investigators
01:08:41
looked into the link between jewel Troyer's disappearance and David Parker ray a witness claimed to have once seen
01:08:48
an unconscious woman lying on the couch at five one three bass Road Jesse Ray was there and referred to the woman as
01:08:56
Jill Jesse and her father claimed the woman had too much to drink and had passed there but the witness recalls
01:09:05
something feeling off about the situation no trace of Jill Troya has ever been found
01:09:13
since she was last seen at the frontier restaurant having a disagreement with Jesse Ray Jill's missing person case
01:09:21
remains the Albuquerque Police Department's only known cold case related directly to David Parker ray
01:09:30
although no bodies have ever been found to this day David Parker ray is suspected of committing upwards of 40
01:09:37
murders the FBI bases these numbers on journals descriptions and suspected of victim telling lists discovered on David
01:09:46
Parker Ray's property and on stories that Ray himself bragged about to others for her role in the crimes against Kelli
01:09:55
Van Cleave Jesse Ray was released from prison after serving her two-and-a-half year sentence the initial five-year
01:10:03
probation that was arranged as part of her father's plea deal was reduced to just one three months after Cindy
01:10:12
Hindi's playbill was finalized a new law was enacted that requires violent offenders to serve at least 85 percent
01:10:20
of their sentence even with good behavior as handy was sentenced under the old law she only has to serve 18
01:10:28
years of her 36 year sentence before being eligible for parole she has already served 219 years meaning
01:10:36
she has been eligible for parole since 2017 after serving just 12 years of his 25
01:10:45
year prison sentence Denis Roy Yancy was released on parole but only three months
01:10:50
after his release he violated his parole conditions and was sent back to prison yes he will be eligible for release
01:10:58
again in 2021 authorities continue to urge anyone with information about David Parker Ray's case to come forward
01:11:08
believing there are many more victims who have never been identified in a bid to increase exposure the FBI has
01:11:17
released photos of all the items of clothing and jewelry recovered in the search of David Parker raised property
01:11:22
the owners of which have never been identified there are hundreds of items Orlov many of which are unique and may
01:11:33
be recognizable the list includes distinctive charms brooches pendants necklaces bracelets rings earrings
01:11:43
watches coins handbags purses underwear shoes jackets and sunglasses some items are personalized including
01:11:56
name badges that read J Watson and W Scott a leather bracelet with the name who endure engraved a medical bracelet
01:12:04
declaring the word epilepsy and a purse containing what appears to be a female's
01:12:10
ponytail a photo gallery of the items can be viewed on the FBI website the link is available in the show notes for
01:12:20
this episode or on the case file website [Music] you