171: The Murder of Lauren Burk

WEBVTT

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Southern fried true crime covers cases that
are not suitable for young listeners, and

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there may also be some explicit language
used. Listener discretion as advised. March

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fourth, two thousand and eight,
was a fair day in Auburn, Alabama.

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The sun was still setting at around
four pm, but a nine pm

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it was fifty degrees and it wasn't
raining. A lovely southern spring night.

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It was Saturday night, and several
cars were driving along Highway one forty seven

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when suddenly a young girl appeared in
their headlights. She was naked and crying,

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covered in road rash, and waving
her arms at them. By the

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time people stopped, eighteen year old
Lauren Burke was lying on her back in

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the middle of the road and there
was blood everywhere. She was taking deep,

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slow breaths and was gasping for air. When officers arrived at nine twelve

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pm, she was unresponsive. They
started CPR until EMS showed up and took

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over, but Lauren no longer had
a pulse or heartbeat. As she was

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rolled onto a backboard, EMS discovered
a gunshot wound to Lauren's upper torso she

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was transported to the East Alabama Medical
Center, where she was pronounced dead.

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Everyone who knew Lauren was shocked to
find out that she had been shot and

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killed. She was a sweet,
innocent kid living on the campus of Auburn

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University. How could she wind up
in the middle of the highway, shot

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and left for dead. Welcome to
episode one seventy one, The Murder of

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Lauren Burke. Auburn, Alabama,
is on the eastern border of Alabama,

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a nice driving distance to the bigger
sites of Montgomery and Birmingham and the white

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sand beaches of Orange Beach. The
city's unofficial nickname is the Loveliest Village on

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the Plains, taken from a line
in the poem The Deserted Village by Oliver

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Goldsmith, which opens sweet Auburn,
Loveliest Village of the Plain. It's about

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rural depopulation and the pursuit of obsessive
wealth. Auburn is a quintessential college town,

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lots of coffee shops and bars with
live bands. It hosts a great

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Octoberfest with local craft beers from all
over the state, and it's an outdoorsy

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town with about ten parks and numerous
hiking and walking trails. Auburn also brags

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that While there is plenty of shopping, there are no malls. With a

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population of about seventy five thousand,
Auburn does have a particular small town fill,

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even though it is the largest city
in eastern Alabama. But that's also

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considering the thirty thousand students faculty at
Auburn University, where Lauren Burke was in

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her first year. Auburn is a
prestigious school, one of the South's largest

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universities, and is a leader in
arts, an applied science education, perfect

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for Lauren's interests and about a two
hour drive from her hometown. Lauren Ashley

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Burke was born on December thirtieth,
nineteen eighty nine, and Marietta, Georgia,

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to parents Jim Burke and Vivian Gerteron, who later divorced. She has

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a brother named Chad and a sister
named Jacqueline. Her mother grew up in

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Brazil, and her grandparents still live
in Rio de Janeiro. Her father and

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his family hail from Cleveland, Ohio. She was raised in the Jewish faith,

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and while her parents did divorce,
it seemed amicable and they co parented

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their children well. They remained very
united after Lauren's death, so much so

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that news outlets tended to report them
as a married couple even a decade later.

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Jim described Lauren as a happy girl
who always looked on the bright side

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of things. Vivian agreed, saying
you looked into her eyes and you just

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saw happiness. While attending Walton High
School, Lauren was very popular. One

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student said Lauren stood out from others
because she was level headed and a very

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responsible student. The principal told the
media that Lauren was a great leader,

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a great kid, and she was
a very very good student. In two

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thousand and six, Lauren started dating
a fellow student named Sean. He also

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later talked about how happy his girlfriend
was, saying, Lauren's happiness was infectious.

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She lived her life with radiance and
joy. She was the most amazing

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person I ever met. In photos, she looks happy and her wide smile

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does seem infectious. She had dark
hair and eyes with a lovely tan in

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summer photos. In two thousand seven, Lauren graduated from high school then enrolled

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at Auburn University. She was planning
a career in photography and marketing. She

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lived in an off campus residence hall
and became a member of the Delta Gamma

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Sorority. She continued dating Shawn,
who also enrolled at Auburn. He lived

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in an on campus Storm. On
March fourth, two thousand and eight,

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eighteen year old Lauren began her day
by having breakfast at a coffee shop on

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campus with Shawn. She then attended
classes at eleven a m. When classes

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were over, Lauren called her dad
and told him about her spring break plans

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and an upcoming dental appointment. She
then went to Shawonstorm to take a nap

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before an eight thirty p m.
Study session at the library with her friend

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Michael. At around eight p m. Lauren left Shawn's and walked to her

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black two thousand one Honda Civic,
which was parked near the back of a

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parking lot near Hentonfield. Shawn never
saw his girlfriend again. I'm going to

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pause now for a short commercial break. Eight thirty pm came and went,

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and Lauren did not show up at
the library. Michael called Lauren to see

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where she was, but she didn't
answer. After a few more calls,

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she did finally answer and told Michael
she had forgotten about a birthday dinner for

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a friend, and then she hung
up abruptly. Michael didn't think much about

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the call at the time. Later, he would say he should have realized

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something was wrong. At around nine
pm, five miles north of Auburn University,

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several motorists were driving along Highway one
forty seven when they saw Lauren in

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the road near the turn for Lee
Road seventy two. She was naked and

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crying, covered in road rush,
waving her arms at them. The motorists

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stopped and blocked traffic from both directions. When they got out of their vehicles,

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Lauren was lying on her back in
the middle of the road. There

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was blood everywhere. She was taking
deep, slow breaths and was gasping for

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air. Just after nine PM,
a motorist called nine one one. Officers

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arrived at nine twelve pm, but
Lauren was unresponsive. They started CPR until

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EMS showed up and took over,
but Lauren no longer had a pulse or

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a heartbeat. As she was rolled
onto a back poord, EMS discovered a

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gunshot wound to Lauren's upper back torsou. She was transported to the East Alabama

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Medical Center, where she was pronounced
dead at nine twenty seven pm. Lauren's

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black Honda was found engulfed in flames
on campus near Hinton Field. Responding officers

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tried to track down the owner,
but they were not in the crowd surrounding

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the burning car. They ran the
license plate through the system and found out

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that the owner was a man named
Jim Burke. When they reached out to

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Jim, he explained the car was
used by his daughter, Lauren. Officers

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told Jim that Lauren wasn't near her
car. In fact, they weren't sure

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where she was. After the phone
call was over, Jim called Lauren's mother,

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Vivian, to see if she had
heard anything from Lauren. She hadn't.

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Vivian called around to see if anyone
else had heard from Lauren, but

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no one had. Jim started driving
toward Auburn. On the way, the

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Auburn Police Department Assistant Chief Tommy Dawson
reached out and asked Jim to meet him

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at the hospital to see if he
could identify the body of a young woman

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who had been found on the highway. Jim went straight to the hospital,

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where he confirmed the body to be
his daughter, Lauren. He later testified

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she was lying in a gurney with
a white sheet up to her neck like

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she was sleeping like an angel.
I looked at her, I said,

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oh my god. I kissed her
forehead, and then I just left.

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An autopsy concluded that Lauren suffered a
single gunshot that entered her upper left back.

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It had punctured both lungs before exiting
through her right upper arm. She

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had bled to death within two or
three minutes. Based on the entrance wound.

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The medical examiner determined the muzzle of
the gun had been a few inches

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away from Lauren's skin when fired.
She had not been sexually assaulted. Investigators

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worked to figure out what had happened
to Lauren. They wanted to know how

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she got to Highway one forty seven
while her car was found burning on campus.

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Was she abducted? If so,
was she abducted on campus or off?

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There were so many questions and few
answers. Investigators searched through Lauren's burned

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out car. They were able to
recover scraps of Lauren's burned clothing and to

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spant thirty eight caliber bullet. It
appeared that whatever happened to Lauren had definitely

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taken place in her car, which
meant her car must have left the campus

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at some point investigators searched the last
place Lauren had been seen alive, Shawn's

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dorm, but didn't find anything of
note. He was adamant that he had

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no idea what had happened to Lauren
after she left his dorm room for the

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study session with Michael. Investigators then
spoke to Michael, who told them about

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the abrupt call he had had with
Lauren. He said it sounded like she

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was in the car during their conversation, which now made a lot of sense.

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While detectives were starting to put the
puzzle pieces together, they still couldn't

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figure out who had abducted Lauren and
why. Two days later, March sixth,

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there was still no answers for the
public. Auburn University issued a statement

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saying there was no indication of additional
danger to campus or student safety, but

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students were still understandably nervous. One
student told the media that prior to Lauren's

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murder, we all kind of had
this feeling where young, we're active,

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we felt invincible. Now all that
was ruined. Another student said, it's

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an eye opener. You always have
to be aware of your surroundings. The

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university tried to help students feel more
safe by putting new security measures in place

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on campus, like setting up an
alarm system and providing escorts for students walking

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to the parking lot at night.
But students still flocked to stores to purchase

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mace and knives, and they double
checked their doors and windows to make sure

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they were always locked. Luckily,
investigators soon had a strong lead whoever killed

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Lauren had also taken her debit card
and used it in multiple locations On the

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night of her death. At nine
seventeen PM, just five minutes after police

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responded to the call about the mutters
finding Lauren, her credit card was used

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to buy around fifteen dollars worth of
gas at a station on the same road

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where she had been found. Later, the card was again used to buy

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gas in Atlanta and groceries at a
Kroger and Lagrange, Georgia. Investigators were

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able to obtain a photo of a
man using Lauren's card. They sent the

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photo off to NASSA for enhancement in
the hopes they could identify the man.

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Before they could make an identification,
the killer nearly got away with another kidnapping,

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this one in Noona and Georgia on
March seventh, at about nine to

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fifty five am. Noon and Georgia
Police responded to report of a possible carjacking

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in the parking lot of Walmart on
Bullsboro Drive. A man named Scott told

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noon And officers that he was exiting
his vehicle when he saw a black man

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walking toward him with a gun.
Scott said that he quickly got back into

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his car and watched as the man
changed directions and approached an elderly woman who

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was getting into her car after leaving
Walmart. The woman later said the man

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hid her in the back of the
head, then stuck a firearm to the

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side of her head and told her
he was going to kill her and take

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her money and car. He shoved
her into the passenger side floorboard and then

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took her wallet. He then got
into the driver's seat and backed out of

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the parking lot in an attempt to
leave, but Scott began to follow the

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man, which freaked him out.
He jumped from the woman's car and got

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into a silver Chrysler. Scott called
the police, and Walmart Lost Prevention employees

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were able to provide officers with a
tag number for the silver Chrysler. The

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tag on the vehicle was registered to
a twenty three year old man named Courtney

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Lockhart with an address in Smith's,
Alabama, noon and police issued a bolo.

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Twenty three year old Courtney Laurel Lockhart was

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00:16:22.720 --> 00:16:27.480
born in nineteen eighty four to parents
Katherine and Curtis. While growing up in

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00:16:27.519 --> 00:16:33.519
Smith's, Alabama, Lockhart had virtually
no relationship with his father, who had

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00:16:33.600 --> 00:16:38.679
chosen drugs and alcohol over his son. Courtney was known as an outgoing and

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00:16:38.799 --> 00:16:42.799
friendly person. A close friend said
he was the person you always wanted to

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be around. He was always funny. In two thousand and three, after

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graduating from high school, eighteen year
old Courtney enlisted in the Army. His

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dream was to become a drill sergeant. He went to basic training at Fort

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Sill, Oklahoma, and was later
stay at Fort Carson, Colorado. He

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went on to serve with the second
Brigade Combat Team in Iraq from August two

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00:17:07.920 --> 00:17:11.599
thousand and four to July two thousand
and five. While there, Courtney and

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his team primarily maintained security at the
base and performed escort missions, during which

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Courtney typically served as a gunner.
A sergeant later described the deployment as being

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in a constant state of alert,
adding that their brigade typically suffered three to

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four casualties per week as a result
of attacks on the base. The team

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had to be on constant guard and
be aware of their surroundings at all times.

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The sergeant also described several incidents that
deeply affected Courtney. Once he was

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tasked with cleaning the interior of a
vehicle that contained the remains of a fellow

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gunner killed in action. Another time, he discovered the body of an officer

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who was killed by a mortar round
while using a bathroom, and he also

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saw a taint containing four or five
soldiers explode when it was struck by enemy

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fire. While stationed in Iraq,
Courtney developed a close relationship with his sergeant

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and a prince. By all accounts, he viewed Sergeant Prince as a mentor

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and father figure, who was all
the more important because Courtney had not known

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his father while growing up. Tragically, on June eleventh, two thousand and

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five, a month before the team
was supposed to return home, Sergeant Prince

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was killed in action when his vehicle
struck an ieed. To make matters worse,

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Sergeant Prince's death came on the hills
of a friendly fire incident when Courtney

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and his fellow soldiers were attacked by
their own forces. The combination of events

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devastated Courtney and left him numb and
traumatized. Despite being scared for his life

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every single day, Courtney was described
as a superb soldier. He earned a

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Combat Action Badge and an Army Commendation
Medal, an award granted for consistent acts

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of heroism or meritorious service for his
role in combat operations. In July two

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thousand and five, his brigade returned
stateside to Fort Carson, Colorado. Upon

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his return, Courtney and his long
time girlfriend, Nicole, became engaged.

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They welcomed a daughter in two thousand
and six, but Nicole soon realized things

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were different. She later said when
he returned he was mad at times.

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His attitude was kind of like,
I don't care. Courtney started acting out,

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drinking heavily and smoking pot. He
even went a wall at one point,

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and then things got worse. In
August two thousand and six, Courtney

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got into an argument with a small
group of soldiers in the mess hall.

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Afterwards, he left the hall but
waited for the other soldiers outside. When

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they came out, the argument escalated
and a mal non commissioned officer attempted to

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intervene. At that point, Courtney
used threatening language and drew what appeared to

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witnesses to be a pistol. He
pushed the officer and told her back off,

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or I will blow your head off, bitch. He was subsequently court

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martialed and convicted of communicating a threat, assault, and use of marijuana.

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He was incarcerated for seven months and
then dishonorably discharged. It was a devastating

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end to what had been an exemplary
career. Courtney, Nicole, and their

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daughter moved back to his mother's home
in Smith's, Alabama. Upon their return,

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Courtney's family and friends were marked that
he seemed like an entirely different person.

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He was anxious and withdrawn, refusing
to talk about his experiences in a

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00:20:51.799 --> 00:20:56.519
rack, and reluctant to leave the
house. He often locked himself in his

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room, and family members found him
hiding under the bed or in the closet.

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During these periods, Courtney would not
speak or respond to questions, and,

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according to Nicole, appeared to be
not in his right mind. At

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other times, Courtney was unable to
control his paranoia, lashing out in his

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sleep and refusing to allow people to
walk behind him. In April two thousand

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and seven, he started working as
a foreman for War Grading, a construction

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company. He was always punctual and
a great worker. However, according to

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child testimony, loud job sites,
particularly those where nail guns were being used,

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caused Courtney distress. His co worker
later described one incident that caused him

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to hide behind a work truck.
In the spring of two thousand and eight,

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War Grading started performing work at Fort
Bidding, Georgia. A co worker

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00:21:53.640 --> 00:21:59.200
later said that artillery exercises could be
heard from the job site and that the

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noise firstly affected Courtney's job performance and
attendance. His work deteriorated substantially. Courtney's

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ability to cope with his situation rapidly
declined, and he completely isolated himself from

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his family and his daughter. He
inexplicably moved out of his mother's home and

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began living in his car. His
personal hygiene suffered considerably, and he also

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stopped eating regular mills, living on
candy bars and sodas. That's where twenty

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three year old Courtney Lockhart's life was
at when he robbed the lady in the

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Walmart parking lot on March seventh,
two thousand and eight, approximately thirty minutes

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afternoon, and police issued a lookout
for Courtney's vehicle. They received a call

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from Phoenix City, Alabama Police they
had located him driving the silver Chrysler.

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He was speeding through a construction zone
on Alabama Highway eighty. Phoenix City motorcycle

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officer Williams pulled the Chrysler over.
He asked Courtney to exit the vehicle,

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but Courtney would not get out.
When backup arrived, Courtney struggled with Williams

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and then got back into his Chrysler
and sped off. Williams and the other

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00:23:12.480 --> 00:23:18.240
officers all raced after him. The
chase reached speeds of eighty miles per hour,

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and Courtney even went off the road
a couple of times. A few

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miles later, he abruptly stopped and
opened his door at the exact same time,

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one of the backup officers, Richards
hit Courtney's store with his motorcycle.

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He flew over the handlebars and landed
on the ground. Courtney got out of

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00:23:37.319 --> 00:23:41.319
his car and began running, heading
behind a house and off into the woods.

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00:23:42.240 --> 00:23:45.839
Richards attempted to chase Courtney, but
the pain from a cut to his

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00:23:45.920 --> 00:23:51.440
forehead and road rash was so excruciating
that he had to stop after about forty

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yards. But Richard's pointed other responding
officers in the direction where Courtney ran,

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and he was quickly apprehended. When
they patted him down. Courtney did not

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have any weapons, but he did
have an iPod, which will be important.

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But hang on. As he was
let out of the woods, he

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00:24:11.400 --> 00:24:15.799
told the officers he was sorry and
then he had tried to get help after

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00:24:15.839 --> 00:24:21.599
returning home from Iraq. He didn't
specify what he was sorry for. After

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00:24:21.640 --> 00:24:25.720
he was taken to the station,
he was interviewed about the robbery and kidnapping

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00:24:26.000 --> 00:24:30.839
that occurred at Walmart earlier that day. Courtney admitted to everything. He then

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00:24:30.880 --> 00:24:36.680
told detectives that during the car chase, he threw a revolver out his car

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00:24:36.720 --> 00:24:41.200
window as he passed by the public
supermarket on Somerville Road in Phoenix City.

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00:24:41.359 --> 00:24:48.279
The handgun was recovered and taken in
for evidence. Courtney also confessed to a

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00:24:48.319 --> 00:24:52.640
string of other robberies he committed on
the border of Alabama and Georgia, the

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00:24:52.720 --> 00:24:56.440
first of which took place at a
short stop in Smith's, Alabama, on

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00:24:56.480 --> 00:25:02.319
February twenty fifth, just a week
before Lauren's murder. Courtney said he entered

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00:25:02.319 --> 00:25:04.680
the store, showed the clerk his
gun and said give me the money.

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00:25:06.400 --> 00:25:08.160
The clerk took the money from the
register, and then he told her to

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00:25:08.160 --> 00:25:12.119
give him a bag. She said
she didn't have one, so Courtney fired

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00:25:12.160 --> 00:25:18.119
a single shot at the cigarette counter
and then fled. He then confessed to

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00:25:18.160 --> 00:25:22.000
committing a robbery on March fifth and
the parking lot of Florence Hand Nursing Home

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00:25:22.359 --> 00:25:27.160
in Lagrange, Georgia. At around
ten twenty pm, he approached a woman

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00:25:27.200 --> 00:25:30.680
walking towards her car. He pointed
a gun at her face and stated,

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00:25:32.079 --> 00:25:36.880
give me your purse or you're going
to die. The second to last robbery

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took place on March sixth, in
the parking lot of a Sam's Club in

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Columbus, Georgia. Courtney said he
robbed a woman and her three year old

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son. He pointed a gun at
the head of the child and threatened to

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00:25:48.279 --> 00:25:52.480
shoot him if the woman did not
hand over her purse. She handed him

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00:25:52.480 --> 00:25:59.680
her purse and he fled. When
he was done confessing, investigators looked over

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the eye that had been found on
Courtney during his arrest. It wasn't long

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00:26:03.119 --> 00:26:08.440
before they realized the iPod belonged to
Lauren Burke, who had been murdered three

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00:26:08.480 --> 00:26:15.319
days prior. Auburn detectives were called
in to interview Courtney about Lauren's murder.

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He waived his rights and gave a
full confession. Courtney told detectives he had

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no intent to rape or kill her. He had only wanted to rob her.

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00:26:26.519 --> 00:26:30.799
He explained that in the morning hours
of March fourth, he realized he

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00:26:30.880 --> 00:26:34.440
needed gas for his car, which
he was living out of, but he

313
00:26:34.480 --> 00:26:38.000
didn't have any money. He would
have to rob someone in order to fill

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00:26:38.079 --> 00:26:41.960
up the tank, so he drove
around the Auburn area all day looking for

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00:26:42.039 --> 00:26:48.559
a victim. In the evening hours, Courtney went to Auburn University campus and

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00:26:48.680 --> 00:26:52.039
drove around. After a while,
he ended up stopping in a parking lot

317
00:26:52.279 --> 00:26:56.480
on top of a hill. He
backed into a stall next to a fence.

318
00:26:57.079 --> 00:27:00.680
That way, he could watch everyone
in front of him, and no

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00:27:00.720 --> 00:27:04.279
one could see his license plate.
Not long after he settled in, a

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00:27:04.359 --> 00:27:08.359
police cruiser drove by. He no
longer felt he was in the best place

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00:27:08.440 --> 00:27:12.160
to find a victim, so he
left and drove around in other areas.

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00:27:14.319 --> 00:27:18.000
But later that night he returned to
the campus and parked in the lot where

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00:27:18.079 --> 00:27:22.279
Lauren had left her car while visiting
sewn in his dorm. Courtney backed his

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00:27:22.359 --> 00:27:27.119
vehicle into a stall like he had
before, and then he waited. After

325
00:27:27.200 --> 00:27:32.559
some time, he watched as Lauren
walked up to her car and slowly opened

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00:27:32.599 --> 00:27:36.279
the driver's side door. Courtney got
out of his car with his gun,

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00:27:36.640 --> 00:27:40.160
walked up behind Lauren and told her
to get the fuck in the car.

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00:27:41.240 --> 00:27:45.599
Courtney said he shoved her in and
she climbed into the passenger seat. He

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00:27:45.720 --> 00:27:49.640
got in the driver's seat and asked
how much money she had. Lauren didn't

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00:27:49.680 --> 00:27:56.079
say anything at first, she just
screamed. Courtney told investigators that he stayed

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00:27:56.079 --> 00:28:00.680
calm and didn't say anything until she
finally calmed herself down. Once she was

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00:28:00.720 --> 00:28:06.319
no longer screaming, Lauren handed over
two hundred dollars in cash and begged to

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00:28:06.480 --> 00:28:11.440
leave, but Courtney didn't let her. Instead, he put the car and

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00:28:11.559 --> 00:28:15.400
drive and took off, making sure
to keep his gun pointed at Lauren at

335
00:28:15.440 --> 00:28:19.680
all times. While they drove north
out of town, Courtney said he told

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00:28:19.720 --> 00:28:23.680
Lauren to take off her clothes.
At first, she wouldn't do it,

337
00:28:25.240 --> 00:28:29.960
but eventually she did after he threatened
her. He explained that he did this

338
00:28:30.440 --> 00:28:33.000
not because he wanted to rape her, but because he thought she'd be less

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00:28:33.000 --> 00:28:38.279
likely to escape if she was naked. As they continued to drive, Lauren

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00:28:38.359 --> 00:28:44.440
tried to talk to Courtney about whatever
his plan was. She also repeatedly asked

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00:28:44.480 --> 00:28:48.440
if he was going to shoot her. It was clear that eighteen year old

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00:28:48.480 --> 00:28:52.720
Lauren was terrified for her wife,
but Courtney admitted he didn't try to reassure

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her. Instead, he kept driving
around while talking about how his life was

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over. Lauren told Courtney that she
could help him get a job. He

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00:29:03.359 --> 00:29:08.440
explained to Lauren that he already had
a job, so that wasn't the problem.

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00:29:08.519 --> 00:29:12.960
As they drove, Lauren studied partner
Michael, started calling, wondering where

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00:29:12.960 --> 00:29:18.720
she was. After a few calls, Courtney told Lauren that she could answer

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00:29:18.720 --> 00:29:22.400
the phone, but only if she
made up an excuse for why she wasn't

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00:29:22.440 --> 00:29:26.960
there. Lauren agreed. She answered
the phone and told Michael she had forgotten

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00:29:26.960 --> 00:29:30.599
about a birthday dinner for a friend, and then she abruptly hung up.

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00:29:33.240 --> 00:29:37.640
Courtney said he and Lauren continued talking
about his situation. Lauren kept saying that

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00:29:37.720 --> 00:29:42.240
she wanted to help, but no
matter what she said, Courtney said he

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00:29:42.240 --> 00:29:48.119
would tell her she couldn't help because
this was the end for him. He

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00:29:48.240 --> 00:29:52.440
told investigators that as they drove along
Highway one forty seven nearing Lee Road,

355
00:29:52.920 --> 00:29:56.880
he made a plan to turn around
so they could head back to campus,

356
00:29:56.440 --> 00:30:02.839
but then the gun went off accidentally. He said they were both shocked and

357
00:30:03.000 --> 00:30:08.319
Lauren started screaming, and then she
suddenly jumped out of the car. Courtney

358
00:30:08.359 --> 00:30:11.599
said he kept driving so he could
turn around at the next turnaround point,

359
00:30:12.079 --> 00:30:17.200
but there was already another truck turning
around there, so he started heading straight

360
00:30:17.240 --> 00:30:21.400
to campus. On the way back, he stopped and filled up Lauren's car

361
00:30:21.440 --> 00:30:25.839
with gas. He also splashed some
gas inside the car and then rolled the

362
00:30:25.839 --> 00:30:30.799
windows down so he wouldn't pass out
from the fumes. While driving back to

363
00:30:30.880 --> 00:30:34.720
campus, he heard people talking about
how somebody's car was leaking gas, so

364
00:30:34.720 --> 00:30:40.680
he rolled the windows up and kept
going. He parked Lauren's car in the

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00:30:40.720 --> 00:30:44.680
same parking lot he had abducted her
from. He said he took forty six

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00:30:44.720 --> 00:30:48.640
dollars of the two hundred Lauren offered
him and left the rest inside the car,

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00:30:49.839 --> 00:30:55.319
but he took her iPod and debit
card and grabbed his gun. He

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00:30:55.480 --> 00:31:00.119
left her keys in the ignition and
her clothes inside the car courtne. He

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00:31:00.160 --> 00:31:03.319
then tried to light the gas inside
the car with a lighter, but it

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00:31:03.359 --> 00:31:07.359
failed to spark, so he went
to his car and grabbed a Burger King

371
00:31:07.440 --> 00:31:11.759
bag to use as a starter.
He lit the bag on fire, threw

372
00:31:11.799 --> 00:31:14.599
it in the car, and then
went back to where he had parked his

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00:31:14.640 --> 00:31:18.960
own car. Then he left the
campus and stopped to fill up his car

374
00:31:18.000 --> 00:31:23.839
with gas using Lauren's cash. Before
leaving town, he drove back to campus

375
00:31:23.880 --> 00:31:27.880
to make sure Lauren's car was still
burning. When he saw that it was,

376
00:31:29.279 --> 00:31:33.640
he headed out of town. From
then on, he used Lauren's debit

377
00:31:33.680 --> 00:31:38.079
card. He later threw it out
the side of the highway. I'm going

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00:31:38.119 --> 00:31:45.599
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408
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410
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411
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month at betterhelp dot com slash Southern. That's b E T t e r

412
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help dot com slash Southern. When
Courtney was finished confessing, investigators believed he

413
00:34:28.280 --> 00:34:30.800
was the true killer of Lauren Burke, but they had a few doubts about

414
00:34:30.800 --> 00:34:35.880
his story. Why would he force
Lauren to leave the campus with him if

415
00:34:35.920 --> 00:34:39.360
he only wanted to rob her.
It seemed more likely he wanted to rob

416
00:34:39.400 --> 00:34:44.239
and rape her, but he never
got the chance to because she jumped out

417
00:34:44.280 --> 00:34:49.599
of the car. They also didn't
believe Courtney's story that the gun accidentally went

418
00:34:49.639 --> 00:34:53.760
off. It didn't seem likely considering
he was a former soldier. It seemed

419
00:34:53.880 --> 00:34:58.920
more likely that Lauren realized he wasn't
going to let her go, so she

420
00:34:59.000 --> 00:35:01.280
went to jump out of the car, and that's when Courtney shot her and

421
00:35:01.400 --> 00:35:07.039
then left her to die. Investigators
sent the gun Courtney threw out of his

422
00:35:07.159 --> 00:35:12.679
vehicle during the car chase off for
testing. Ballistics experts confirmed it was the

423
00:35:12.719 --> 00:35:17.039
gun that fired the bullet found in
Lauren's car. Experts also confirmed it was

424
00:35:17.119 --> 00:35:22.159
highly unlikely Courtney's gun went off accidentally. It would take way too much pressure

425
00:35:22.199 --> 00:35:27.480
to pull the trigger. It would
take five pounds of pressure if the hammer

426
00:35:27.559 --> 00:35:32.639
was cocked and twelve if it was
not. The autopsy results further proved that

427
00:35:32.719 --> 00:35:38.719
Courtney's accidental discharge story wasn't probable.
Her injuries showed that the gun had been

428
00:35:38.760 --> 00:35:43.679
no more than a few inches away
from Lauren when she was shot. For

429
00:35:43.800 --> 00:35:46.920
Courtney's story to be true, the
gun would have been much further away.

430
00:35:47.159 --> 00:35:52.719
But to play devil's advocate, he
might have been holding the gun closely on

431
00:35:52.880 --> 00:35:58.360
Lauren, which is why she freed
and jumped out instead of waiting. She

432
00:35:58.480 --> 00:36:02.079
may have decided to take her chances
with jumping out of a moving car rather

433
00:36:02.159 --> 00:36:07.960
than stay that close with a gun
trained on her. Twenty three year old

434
00:36:07.960 --> 00:36:13.440
Courtney Lockhart was charged with capital murder
during the commission of robbery, capital murder

435
00:36:13.519 --> 00:36:16.920
during the commission of attempted rape,
and capital murder during the commission of kidnapping.

436
00:36:19.079 --> 00:36:23.159
The prosecution saw the death penalty.
Courtney pleaded not guilty by reason of

437
00:36:23.159 --> 00:36:30.119
insanity. Lauren Burke's funeral was held
on March ninth at Temple cull emmeth and

438
00:36:30.239 --> 00:36:35.880
she was laid to rest at the
Marietta City Cemetery in Marietta, Georgia,

439
00:36:36.280 --> 00:36:42.079
her hometown. On November eighth,
twenty ten, Courtney's trial began in Lee

440
00:36:42.119 --> 00:36:46.880
County Circuit Court with Judge Jacob Walker
presiding. Thanks to motions from the defense,

441
00:36:47.239 --> 00:36:52.280
the jury did not hear any evidence
about the string of robbery's Courtney confessed

442
00:36:52.320 --> 00:36:58.360
to committing, or anything regarding his
dishonorable discharge. The jury did know that

443
00:36:58.480 --> 00:37:02.480
Courtney was incarcerated before he was discharged
from the military, However, they did

444
00:37:02.480 --> 00:37:08.360
not know why he was discharged.
The prosecution told the jury that Courtney kidnapped

445
00:37:08.400 --> 00:37:14.599
Lauren with the intent of robbing and
raping her. He didn't accidentally kill her.

446
00:37:14.880 --> 00:37:17.000
He shot Lauren as she tried to
escape, and then he left her

447
00:37:17.039 --> 00:37:23.679
to die. Doctor Glen King,
a forensic psychologist for the prosecution, testified

448
00:37:23.800 --> 00:37:30.239
that Courtney Lockhart was absolutely not suffering
from any kind of mental disease or defect

449
00:37:30.559 --> 00:37:36.159
when he murdered Lauren. Doctor King
said he couldn't find any evidence of Lockhart

450
00:37:36.199 --> 00:37:43.519
having a mental illness, including PTSD. He said he has never had any

451
00:37:43.519 --> 00:37:46.559
treatment for it. He has never
taken any medications for treatment of mental illness.

452
00:37:47.039 --> 00:37:51.760
He has never been hospitalized for mental
illness. He has never sought nor

453
00:37:51.840 --> 00:37:57.840
received consultation about mental illness. I
didn't see any symptoms of any mental illness

454
00:37:57.840 --> 00:38:02.320
in him. Doctor King explained that
he came to the conclusion that Courtney was

455
00:38:02.400 --> 00:38:07.559
not insane at the time of the
murder because he engaged in a series of

456
00:38:07.639 --> 00:38:13.079
premeditated actions over a lengthy period of
time that were all goal directed towards the

457
00:38:13.119 --> 00:38:19.000
abduction and murder of Lauren Burke.
Courtney cased the area, backed into as

458
00:38:19.039 --> 00:38:22.440
stall to hut as license plate,
left when an officer showed up, destroyed

459
00:38:22.480 --> 00:38:29.559
evidence, and fled the area.
Doctor King testified all of that says to

460
00:38:29.599 --> 00:38:34.159
me that the behaviors were premeditated,
planned, organized, and that he had

461
00:38:34.159 --> 00:38:39.320
a definite motive to avoid apprehension and
detection. The defense told the jury that

462
00:38:39.360 --> 00:38:45.840
the shooting was the irrational, unintentional
act of a mentally ill veteran who became

463
00:38:45.880 --> 00:38:51.360
impaired as a result of his service. The defense had multiple people, including

464
00:38:51.360 --> 00:38:55.679
Courtney's girlfriend Nicole, testify that after
coming home from Iraq, he was withdrawn,

465
00:38:57.079 --> 00:39:02.239
paranoid, hyper vigilant, and aggressive, while Courtney's friends and family painted

466
00:39:02.280 --> 00:39:07.719
a picture of a man with a
severe mental illness, the defense's own forensic

467
00:39:07.800 --> 00:39:14.000
psychologist did not. Doctor Kimberly Ackerson
told the jury that there was nothing to

468
00:39:14.039 --> 00:39:16.639
indicate that Lockhart was unaware of what
he was doing at the time of the

469
00:39:16.679 --> 00:39:24.719
offense. Doctor Ackerson testified that she
tested Courtney for PTSD and concluded although he

470
00:39:24.800 --> 00:39:30.760
had reported symptoms and traits consistent with
PTSD, the complexity and intensity of the

471
00:39:30.800 --> 00:39:38.039
symptoms were not sufficient to support a
diagnosis of PTSD. Additionally, she said

472
00:39:38.079 --> 00:39:43.639
Courtney had an IQ of eighty six, which makes him below average, and

473
00:39:43.719 --> 00:39:49.239
that he was immature and had poor
judgment. For some reason, the defense

474
00:39:49.480 --> 00:39:54.000
did not have any fellow soldiers testify
about how they all had PTSD following their

475
00:39:54.000 --> 00:40:00.360
tour in Iraq. Look, we
all know about the Battle of the Spurts.

476
00:40:00.360 --> 00:40:04.639
When it comes to trials that hinge
on mental defect, you cannot tell

477
00:40:04.679 --> 00:40:08.320
me that the defense could not find
a better, more sympathetic expert to testify,

478
00:40:09.159 --> 00:40:15.679
and not bringing in his peers was
also a huge mistake. Unless you

479
00:40:15.719 --> 00:40:20.840
want to call Courtney Lockhart's family and
friends all liars. He did exhibit extreme

480
00:40:20.920 --> 00:40:27.400
signs of PTSD. On November eighteenth, after deliberating for around six hours over

481
00:40:27.440 --> 00:40:31.480
a two day period, the jury
found Courtney Lockhart guilty of capital murder during

482
00:40:31.519 --> 00:40:37.400
the course of a robbery and kidnapping. They acquitted him of committing capital murder

483
00:40:37.480 --> 00:40:42.440
during the course of an attempted rape. Next up was the penalty phase,

484
00:40:42.679 --> 00:40:45.960
where jurors would decide if Lockhart would
serve life without parole or be put to

485
00:40:46.039 --> 00:40:52.760
death. During the penalty phase,
the prosecution did not present any evidence.

486
00:40:52.800 --> 00:40:59.000
The defense presented testimony from Courtney's family
and friends, expressing both their love and

487
00:40:59.119 --> 00:41:02.920
support of him and their remorse over
what had happened to Lauren. His mother

488
00:41:04.000 --> 00:41:09.159
testified at length regarding Courtney's childhood,
upbringing, military service, and character.

489
00:41:10.679 --> 00:41:15.519
Courtney's father testified that he had been
absent from his son's life for almost twenty

490
00:41:15.599 --> 00:41:22.039
years and that he had chosen drugs
and alcohol over his son. The defense

491
00:41:22.119 --> 00:41:28.519
also presented testimony from two corrections officers
who testified that Courtney was a respectful inmate

492
00:41:28.800 --> 00:41:35.039
who did not engage in violent behavior
or cause trouble. Following the penalty phase,

493
00:41:35.440 --> 00:41:40.559
the jury unanimously recommended Courtney be sentenced
to life without parole. They also

494
00:41:40.679 --> 00:41:47.159
issued an itemized verdict which showed that
they rejected two of the aggravating circumstances advanced

495
00:41:47.159 --> 00:41:52.119
by the state. The jury found
that the offense was not especially heinous,

496
00:41:52.440 --> 00:41:57.360
atrocious, or cruel, and that
it had not been committed in the course

497
00:41:57.679 --> 00:42:02.039
of a rape or attempted rape.
With that being said, the jury did

498
00:42:02.079 --> 00:42:07.079
agree with two of the aggravating circumstances
advanced by the state that the murder was

499
00:42:07.119 --> 00:42:14.440
committed while Lockhart was engaged in a
kidnapping and a robbery. Finding two aggravating

500
00:42:14.480 --> 00:42:19.519
circumstances meant the jury could have recommended
the death penalty, but they chose not

501
00:42:19.639 --> 00:42:24.239
to. Following the jury's decision,
Judge Walker said he needed some time to

502
00:42:24.280 --> 00:42:30.159
come up with a final sentence.
Alabama is the only state that allows a

503
00:42:30.239 --> 00:42:37.079
judge to override a jury's decision regarding
life or death. On March second,

504
00:42:37.360 --> 00:42:43.400
two thousand eleven, Courtney Lockhart's sentencing
hearing was held. Numerous members of Lauren's

505
00:42:43.400 --> 00:42:47.599
family gave victim impact statements, and
they all requested that Lockhart be sentenced to

506
00:42:47.639 --> 00:42:52.400
death. Lauren's mother, Vivianne,
told the judge that he did not deserve

507
00:42:52.440 --> 00:43:00.440
any leniency because her daughter received no
leniency. Lauren's father, Jim, address

508
00:43:00.519 --> 00:43:06.480
the court, and he was clearly, though understandably hostile this twelve to zero

509
00:43:06.559 --> 00:43:09.320
decision with the jury. I respect
it. I was just wondering, if

510
00:43:09.360 --> 00:43:13.519
one of the jurors lost a child
as we did in the same fashion,

511
00:43:13.920 --> 00:43:17.559
if it would be a unanimous decision. I doubt it, he continued.

512
00:43:17.960 --> 00:43:22.079
Any of you in this courtroom that
would have had a child to go through

513
00:43:22.280 --> 00:43:25.280
what my daughter went through because of
what Lockhart's actions were, I know that

514
00:43:25.320 --> 00:43:30.119
your heart would tell you you would
want the death penalty too. If any

515
00:43:30.159 --> 00:43:32.159
of you had a child who went
through that, you would want the death

516
00:43:32.159 --> 00:43:37.360
penalty. Give me a break.
Jim added that Lockhart still had his own

517
00:43:37.440 --> 00:43:43.840
daughter. Courtney didn't take too kindly
to this statement. He shouted, don't

518
00:43:43.840 --> 00:43:46.400
bring my daughter into this. You
are not going to bring my daughter into

519
00:43:46.440 --> 00:43:52.159
this. I'm sorry for your whole
family. Jim responded, I wish you

520
00:43:52.239 --> 00:43:58.880
hadn't brought my daughter into it.
In the end, Judge Walker did not

521
00:43:59.000 --> 00:44:06.599
follow the jury's record commendation and sentenced
Courtney Lockhart to the death penalty. I'm

522
00:44:06.639 --> 00:44:15.000
going to pause now for a final
commercial break. In a twenty eight page,

523
00:44:15.199 --> 00:44:20.679
single spaced sentencing order, Judge Jacob
Walker explained why he disagreed with the

524
00:44:20.760 --> 00:44:25.159
jury. He concluded that the kidnapping
weighed heavily in favor of the death penalty,

525
00:44:25.280 --> 00:44:30.960
stating Lauren Burke was alone, unarmed, and she was chosen by Lockhart

526
00:44:30.239 --> 00:44:35.960
at random. The kidnapping is even
more egregious because she was taken from a

527
00:44:36.000 --> 00:44:39.519
college campus, a place where students
should feel safe, and forced into her

528
00:44:39.519 --> 00:44:45.639
own car. Lockhart forced her to
undress and held her at gunpoint in order

529
00:44:45.639 --> 00:44:52.320
to prevent her escape. Walker also
emphasized that the jury was unaware of Lockhart's

530
00:44:52.360 --> 00:44:57.800
robbery spree and the true nature of
his military service. He said, although

531
00:44:57.840 --> 00:45:01.639
the jury heard testimony regarding lockhart service, the jury was unaware of the full

532
00:45:01.639 --> 00:45:08.280
extent of Lockhart's military disciplinary record.
He reasoned that quote, had the jury

533
00:45:08.320 --> 00:45:13.800
been aware of the additional facts known
to the court, their sentencing recommendation would

534
00:45:13.800 --> 00:45:19.320
likely have differed. This reasoning is
a bit strange to me. Since Walker

535
00:45:19.480 --> 00:45:22.280
is the reason the jury didn't know
of the additional facts, he did not

536
00:45:22.440 --> 00:45:27.320
have to rule for the defense's motions
to keep those facts out of the trial,

537
00:45:27.880 --> 00:45:30.360
he could have ruled against the defense
and allowed the jury to make this

538
00:45:30.440 --> 00:45:37.159
decision for themselves. Lockhart appealed his
convictions and death sentence to the Alabama Court

539
00:45:37.199 --> 00:45:42.480
of Criminal Appeals. A main part
of his appeal was the claim that it

540
00:45:42.559 --> 00:45:49.039
was unconstitutional to allow a judge to
overrule a jury's recommendation. His appeal also

541
00:45:49.199 --> 00:45:52.599
argued that the judge shouldn't have been
able to use Lockhart's string of robberies against

542
00:45:52.719 --> 00:45:58.840
him because he was never tried or
convicted for any of them, which is

543
00:45:58.880 --> 00:46:04.000
a good point and probably why the
judge ruled them inadmissible in the first place,

544
00:46:04.519 --> 00:46:09.880
even though he used them himself when
he overrode the jury's sentence. It's

545
00:46:09.920 --> 00:46:15.400
like the chicken and the egg.
Should these crimes for which Courtney had never

546
00:46:15.440 --> 00:46:20.840
been convicted have been used against him
in his original trial, if not when

547
00:46:20.880 --> 00:46:27.679
overriding this jury's sentence. Despite these
valid claims, the court affirmed the trial

548
00:46:27.719 --> 00:46:32.320
court's decisions, stating, we have
independently weighed the aggravating and the mitigating circumstances

549
00:46:32.639 --> 00:46:37.119
and are convinced, as was the
trial court, that death is the appropriate

550
00:46:37.199 --> 00:46:44.280
sentence for the murder that Lockhart committed. The court added that Lockhart's sentence was

551
00:46:44.360 --> 00:46:50.519
neither disproportionate nor excessive to the penalty
imposed in similar cases. In fact,

552
00:46:51.079 --> 00:46:55.519
two thirds of the death sentences imposed
in Alabama involved cases of robbery murder.

553
00:46:58.440 --> 00:47:01.400
The court stated, we have searched
the record for any error that has or

554
00:47:01.480 --> 00:47:07.039
probably has adversely affected Lockhart's substantial rights, and have found no plain error or

555
00:47:07.119 --> 00:47:13.719
defect in the proceedings under review.
The state was very happy with the court's

556
00:47:13.719 --> 00:47:21.199
decision. The Attorney General released a
statement, Courtney Lockhart viciously and senselessly struck

557
00:47:21.239 --> 00:47:25.760
down an innocent young woman even as
he was terrorizing Lauren Burke. She responded

558
00:47:25.760 --> 00:47:30.840
with kindness, which was met with
brutality. Her murders shocked and saddened the

559
00:47:30.840 --> 00:47:36.679
people of Lee County and of Alabama, and we are determined that this defendant

560
00:47:36.960 --> 00:47:43.440
will not escape justice for his horrendous
crime. Following the denial, Lockhart continued

561
00:47:43.480 --> 00:47:47.519
to follow various appeals. His latest
win came in twenty twenty one. This

562
00:47:47.599 --> 00:47:52.880
time he claimed he had an effective
counsel. A hearing was held to determine

563
00:47:52.960 --> 00:47:58.400
if he really did have an effective
counsel. At this hearing, it came

564
00:47:58.440 --> 00:48:02.679
out that the defensive psychology, doctor
Ackerson, had not been retained until six

565
00:48:02.719 --> 00:48:07.199
weeks prior to the trial, even
though the funds had been approved eighteen months

566
00:48:07.280 --> 00:48:14.400
prior. Furthermore, it was revealed
that doctor Ackerson was not an expert in

567
00:48:14.519 --> 00:48:19.159
PTSD. At the hearing, she
told the court that if she had known

568
00:48:19.199 --> 00:48:23.440
the defense was retaining her to diagnose
Lockhart with PTSD, she would have directed

569
00:48:23.480 --> 00:48:29.760
them to seek out another professional.
Also at this hearing, a woman named

570
00:48:29.800 --> 00:48:35.440
Rebecca testified that she had assisted Courtney
Lockhart in his post conviction proceedings. While

571
00:48:35.440 --> 00:48:40.679
participating in a legal clinic at her
law school. Rebecca testified that she discovered

572
00:48:40.679 --> 00:48:46.679
a medical record relating to treatment Courtney
had received while still in the military.

573
00:48:46.920 --> 00:48:52.440
The document indicated that the treating physician
had noted an impression of PTSD and had

574
00:48:52.440 --> 00:48:58.840
prescribed Paxel and trazodone, which are
commonly used for the treatment of anxiety and

575
00:48:58.880 --> 00:49:04.880
oppression. At the time of Courtney's
trial, this document had not been discovered

576
00:49:04.920 --> 00:49:08.960
and was unknown to both doctor Akerson
and doctor King. This is important to

577
00:49:09.039 --> 00:49:15.280
note because both testified that Courtney Lockhart
did not have a history of PTSD.

578
00:49:15.119 --> 00:49:22.320
This document refuted that testimony. As
a side note, it bugs me that

579
00:49:22.440 --> 00:49:27.679
a law school student found this document
fairly easily, while Courtney's own trial counsel

580
00:49:27.960 --> 00:49:35.280
evidently did not. In twenty seventeen, doctor King reevaluated Courtney and did diagnose

581
00:49:35.360 --> 00:49:39.559
him with PTSD. He explained in
a twenty twenty one appeal that the reason

582
00:49:39.599 --> 00:49:46.519
his opinion changed is that his original
examination and diagnosis only pertained to whether Courtney

583
00:49:46.880 --> 00:49:54.480
was competent to stand trial, But
King concluded no change in his assessment of

584
00:49:54.559 --> 00:50:00.920
whether Courtney Lockhart knew the difference between
right and wrong when he abducted and murdered

585
00:50:00.039 --> 00:50:05.239
Lauren Burke, or that his actions
were caused by mental disease or defect.

586
00:50:06.480 --> 00:50:10.800
Doctor King also added that he did
not consider PTSD to be a major mental

587
00:50:10.840 --> 00:50:19.920
illness and that Lockhart's PTSD was highly
compartmentalized. There was one other forensic psychologist

588
00:50:20.199 --> 00:50:24.400
who had testified on Courtney's behalf,
but the appeals document said his testimony was

589
00:50:24.440 --> 00:50:30.880
refuted because he had shown a bias
against the death penalty. He testified for

590
00:50:30.920 --> 00:50:35.000
the defense in the majority of cases
in which he testified, and belonged to

591
00:50:35.039 --> 00:50:38.679
anti death penalty organizations, so they
did not find him to be objective enough

592
00:50:38.760 --> 00:50:44.480
to be an expert witness, fair
enough, and that's why I did not

593
00:50:44.639 --> 00:50:51.639
detail his testimony. So we have
three psychiatrists, none of whom specialized in

594
00:50:51.719 --> 00:50:58.599
PTSD, one deemed too biased,
and two that basically recanted their original diagnoses.

595
00:51:00.000 --> 00:51:04.960
Despite all of this new information,
the Alabama Court of Criminal Appeals affirmed

596
00:51:05.079 --> 00:51:10.719
Lockhart's convictions and sentence. The Court
of Appeals basically used the same reasoning as

597
00:51:10.800 --> 00:51:15.840
Judge Walker that if the trial jury
had been aware of Courtney's crime spree before

598
00:51:15.920 --> 00:51:21.039
Lauren's murder, they may have voted
for the death penalty. It is what

599
00:51:21.119 --> 00:51:25.920
they considered the totality of evidence.
Look, we know that Courtney confessed to

600
00:51:25.960 --> 00:51:30.519
all of this, it's not necessarily
in dispute. But the fact is he

601
00:51:30.639 --> 00:51:35.920
wasn't convicted of those crimes, and
the fact that he waived Miranda and fully

602
00:51:35.960 --> 00:51:40.519
confessed actually demonstrates to me that he
was hell bent on his downward spiral.

603
00:51:42.159 --> 00:51:46.000
It was the end, as he
had put it to Lauren. Think about

604
00:51:46.039 --> 00:51:50.440
it. He did not take all
the cash she gave him. He took

605
00:51:50.440 --> 00:51:53.599
her debit card, which he had
to know would eventually lead police to him.

606
00:51:54.960 --> 00:51:59.440
Then he led the copse on a
reckless high speed chase that could have

607
00:51:59.519 --> 00:52:01.920
killed him, and then he ran, which could have led to his being

608
00:52:01.960 --> 00:52:07.480
shot. As far as the police
knew, he was armed and dangerous,

609
00:52:07.880 --> 00:52:10.719
and not many eyebrows would have been
raised had they decided to shoot to kill

610
00:52:10.719 --> 00:52:16.400
at that point. And it was
all in culmination of several attempts at kidnapping,

611
00:52:17.199 --> 00:52:21.880
it would seem he really was looking
for this to be his end.

612
00:52:22.039 --> 00:52:29.679
That kind of hopelessness is indicative of
suffering from PTSD and certainly contributes to the

613
00:52:29.760 --> 00:52:35.639
high rate of suicide and veterans with
PTSD. Studies show veterans are four times

614
00:52:35.639 --> 00:52:39.119
more likely to die by suicide than
the rest of the population, and the

615
00:52:39.159 --> 00:52:44.960
main reason for that is PTSD and
depression, which go hand in hand.

616
00:52:45.280 --> 00:52:51.039
And I know I will hear from
many people complaining that I am excusing Courtney's

617
00:52:51.079 --> 00:52:54.960
behavior. I am not at all. As I have said many times,

618
00:52:55.239 --> 00:53:01.039
it's an explanation, not an excuse. For the record, I find it

619
00:53:01.079 --> 00:53:06.320
hard to believe he pulled the trigger
by accident. I believe the expert testimony

620
00:53:06.360 --> 00:53:09.519
in regards to not only how difficult
it would be to pull that trigger accidentally,

621
00:53:10.000 --> 00:53:14.400
five pounds of pressure if the hammer
was cocked, twelve pounds if it

622
00:53:14.480 --> 00:53:19.119
wasn't, and I agree that as
a soldier, Courtney was not likely to

623
00:53:19.159 --> 00:53:23.239
make that mistake. I do think
it may have been a knee jerk reaction

624
00:53:23.639 --> 00:53:30.039
when Lauren jumped out, but that's
not what he said. But I also

625
00:53:30.119 --> 00:53:34.760
believe he did not intend to rape
Lauren. He had no history of sexual

626
00:53:34.800 --> 00:53:37.679
assault. If he had wanted to
assault Lauren, he could have done it

627
00:53:37.719 --> 00:53:43.280
while still on campus before driving away, or he could have pulled over once

628
00:53:43.320 --> 00:53:46.559
he got off campus. Of course, we don't know for sure what is

629
00:53:46.559 --> 00:53:52.599
in a man's heart, but the
jury believed him. But that doesn't actually

630
00:53:52.639 --> 00:53:57.599
matter in this case whether he intended
to rape her or meant to kill her.

631
00:53:58.199 --> 00:54:01.639
What matters was whether or not he
met the legal definition of insanity.

632
00:54:02.920 --> 00:54:08.199
As usual. Competency in this case, as in all American cases, has

633
00:54:08.320 --> 00:54:13.519
to do with whether the perpetrator knew
right from wrong at the time of the

634
00:54:13.599 --> 00:54:19.199
offense. Despite Courtney's mental health struggles, he did no right from wrong,

635
00:54:19.440 --> 00:54:23.400
as evidenced from his ability to plan
his crimes as well as run from authorities.

636
00:54:24.480 --> 00:54:29.880
But I do believe it is unfair
to not see all of his actions

637
00:54:29.920 --> 00:54:34.920
as an escalation to what his friend's
family and girlfriend had all been reported seeing

638
00:54:34.920 --> 00:54:39.840
in Courtney leading up to his crime
spree. His paranoia and fears were leading

639
00:54:39.920 --> 00:54:45.960
him to hopelessness. He no longer
cared what happened to him. Again,

640
00:54:45.239 --> 00:54:51.400
as evidenced by his full confession,
it was in a way a type of

641
00:54:51.440 --> 00:54:54.559
suicide for Courtney. He knew that
sooner or later he would be caught,

642
00:54:55.360 --> 00:55:00.800
whether he was looking for suicide by
cop in a shootout, or he just

643
00:55:00.840 --> 00:55:04.119
wanted to be put away so that
he would not be a danger to others.

644
00:55:04.760 --> 00:55:08.079
Who is to say My point is, I think the jury got it

645
00:55:08.159 --> 00:55:15.239
right. By our definition of mental
incompetency or defect, Courtney Lockhart does not

646
00:55:15.440 --> 00:55:21.000
fit the standard. Therefore he is
guilty. But the jury saw fit to

647
00:55:21.039 --> 00:55:24.119
vote for mercy when it came to
sentencing, and I do not believe that

648
00:55:24.159 --> 00:55:30.519
a judge should override their recommendation,
especially a unanimous decision. I can see

649
00:55:30.519 --> 00:55:35.400
a judge needing to step in if
a jury is divided, but I think

650
00:55:35.400 --> 00:55:38.079
there is a reason that Alabama is
the last state to allow this kind of

651
00:55:38.119 --> 00:55:45.679
override. We are supposed to trust
our jury system Supreme Court Justice Byron White

652
00:55:45.679 --> 00:55:51.920
wrote, if the defendant preferred the
common sense judgment of a jury to the

653
00:55:51.960 --> 00:55:55.840
more tutored, but perhaps less sympathetic
reaction of the single judge, he was

654
00:55:55.920 --> 00:56:01.760
to have it, meaning you can
choose a trial by judge instead of jury.

655
00:56:02.000 --> 00:56:08.159
Courtney Lockhart chose a jury, But
as Robert Frost wrote, a jury

656
00:56:08.199 --> 00:56:15.079
consists of twelve persons chosen to decide
who has the better lawyer. There is

657
00:56:15.119 --> 00:56:21.440
no question to me that Lockhart suffered
from ineffective counsel. Even the Appeals Court

658
00:56:21.480 --> 00:56:24.480
agreed. And yet they wrote that
they looked at a totality of evidence,

659
00:56:24.719 --> 00:56:31.679
meaning Courtney's crime spree before he kidnapped
Lauren, except it was not the evidence

660
00:56:31.719 --> 00:56:37.079
presented to the jury. So how
is that fair? Should they just consider

661
00:56:37.119 --> 00:56:40.880
the evidence presented at trial? I
am not a lawyer nor a legal scholar,

662
00:56:42.320 --> 00:56:45.760
but I do know the appellate courts
are supposed to rule on the basis

663
00:56:45.800 --> 00:56:51.199
of if there has been an error
of law. Again, the judge had

664
00:56:51.199 --> 00:56:55.400
the chance to admit that evidence and
chose not to. The prosecution is not

665
00:56:55.719 --> 00:57:00.719
entitled to a second bite at the
apple. That's called double jeopardy. But

666
00:57:00.320 --> 00:57:06.000
by considering evidence that was not admitted
in court. Isn't that giving the state

667
00:57:06.079 --> 00:57:09.760
a kind of second bite? Would
that not be an error of law?

668
00:57:10.480 --> 00:57:15.280
I don't know for sure. It
would be above my paygrade to guess.

669
00:57:15.800 --> 00:57:19.880
I just know that in my gut
it feels wrong, and if you have

670
00:57:19.960 --> 00:57:22.559
listened to my podcast long enough,
I am rarely on the side of the

671
00:57:22.599 --> 00:57:29.599
defense, with the exception of legitimate
wrongful convictions. However, I do believe

672
00:57:29.880 --> 00:57:36.599
everyone is entitled to a fair trial. Courtney Lockhart did not receive effective counsel.

673
00:57:37.039 --> 00:57:43.800
The fact that the three psychiatric experts
were, in essence disqualified to decide

674
00:57:43.840 --> 00:57:50.800
his mental competency is a major problem. His whole defense was mental incompetency.

675
00:57:51.400 --> 00:57:55.239
Maybe it wouldn't have changed anything.
It would be difficult for any expert to

676
00:57:55.239 --> 00:58:00.039
testify that Lockhart did not know right
from wrong at the time of Lauren's murder.

677
00:58:01.119 --> 00:58:05.559
If he had been in the midst
of a psychotic break, perhaps,

678
00:58:06.199 --> 00:58:09.519
and maybe there is an argument for
that. We can't know because we didn't

679
00:58:09.559 --> 00:58:14.320
hear from an expert about that,
But it does stand to reason that he

680
00:58:14.400 --> 00:58:20.679
knew exactly what he was doing.
He just didn't care. But suicidal ideation

681
00:58:20.920 --> 00:58:27.039
is not necessarily a psychotic break.
We definitely know that. Again, I

682
00:58:27.079 --> 00:58:32.360
believe Courtney Lockhart was guilty by our
terms of mental incompetency. I just think

683
00:58:32.639 --> 00:58:37.920
we should trust the jury's sentencing recommendation. Luckily, it would seem the state

684
00:58:37.920 --> 00:58:43.800
of Alabama agrees, since it does
not have a history of executing prisoners who

685
00:58:43.800 --> 00:58:47.840
were on death row because of a
judge's override. But as has been said

686
00:58:47.880 --> 00:58:52.599
many times before, it is much
easier to win an acquittal than an appeal.

687
00:58:53.800 --> 00:58:58.519
Once you've been pulled under by the
wills of justice, it is very

688
00:58:58.559 --> 00:59:04.960
hard to undo that decision. Lauren's
parents have been outspoken in their anger at

689
00:59:05.000 --> 00:59:09.079
the appeals process. In an interview
from twenty eighteen, Jim Burke said,

690
00:59:09.599 --> 00:59:15.239
I just don't understand why a murderer
as heinous as this crime was, as

691
00:59:15.239 --> 00:59:19.079
far as how he abducted my daughter, is able to have all these options

692
00:59:19.239 --> 00:59:24.639
and Lauren had no options. Lauren's
mother, Vivian, agreed, saying why

693
00:59:24.639 --> 00:59:30.360
should he have any more rights than
my daughter did? As parents of a

694
00:59:30.440 --> 00:59:35.480
murder victim, I completely understand their
venom. It's not unusual at all,

695
00:59:36.519 --> 00:59:40.159
But they also desperately wanted their daughter's
killer to receive the death penalty and are

696
00:59:40.239 --> 00:59:46.920
happy with the judge's decision. Again, that is not unusual, but as

697
00:59:47.000 --> 00:59:52.760
Lockhart's attorneys have pointed out, he
gets automatic appeals after the death sentence.

698
00:59:52.239 --> 00:59:57.840
Every state differs, but defendants only
get so many chances for appeal when they

699
00:59:57.840 --> 01:00:02.519
are not facing death. It's one
of the more unemotional arguments against the death

700
01:00:02.519 --> 01:00:07.239
penalty. You don't have to be
pro or anti death penalty to see how

701
01:00:07.280 --> 01:00:14.239
the automatic appeals process is worse for
the state. Beyond the cost to house

702
01:00:14.280 --> 01:00:17.119
a death row defendant, it is
the cost of the many appills that are

703
01:00:17.159 --> 01:00:22.599
afforded, which certainly affects taxpairs no
matter their moral stance on the death penalty,

704
01:00:23.440 --> 01:00:29.679
and more importantly, how hurtful those
appells are to families who have to

705
01:00:29.719 --> 01:00:32.800
continue to worry that the person who
killed their loved one could get a new

706
01:00:32.840 --> 01:00:38.079
trial. The parole system can be
just as terrible, but at least they

707
01:00:38.079 --> 01:00:42.880
can write the parole board and show
up for every hearing to ensure the killer

708
01:00:42.920 --> 01:00:46.840
remains in prison. If a defendant
wins a new trial, they have to

709
01:00:46.880 --> 01:00:53.400
start all over again, which is
excruciating. As of this recording. Courtney

710
01:00:53.440 --> 01:00:59.599
Lockhart is incarcerated at home in prison
near Atmore, Alabama. He doesn't appear

711
01:00:59.639 --> 01:01:05.039
to have an execution date, which
is not surprising considering the fact that no

712
01:01:05.159 --> 01:01:09.599
defendant has ever been executed in Alabama
after a jury returned a unanimous verdict for

713
01:01:09.679 --> 01:01:15.400
life. Currently, there are only
five inmates in Alabama on death row as

714
01:01:15.440 --> 01:01:21.239
a result of judicial override in cases
where the sentencing jury voted in favor of

715
01:01:21.280 --> 01:01:27.599
life without parole. Courtney is one
of these five cases. Following his conviction,

716
01:01:28.039 --> 01:01:31.159
Lauren's parents, Jim and Vivian,
brought a one million dollar lawsuit against

717
01:01:31.199 --> 01:01:37.400
Auburn University, claiming that the university's
two thousand and four decision to merge its

718
01:01:37.400 --> 01:01:43.239
police force with the cities led to
inadequate security on campus. If the merger

719
01:01:43.239 --> 01:01:49.000
hadn't happened, maybe Lauren would still
be alive. Jim told al dot Com

720
01:01:49.280 --> 01:01:52.960
that the family filed the lawsuit to
pressure Auburn to re establish the campus police

721
01:01:53.000 --> 01:01:58.840
force. It wasn't about the money. In the end, the Alabama Board

722
01:01:58.840 --> 01:02:02.000
of Adjustment denied the lawsuit, stating
that there was a lack of evidence to

723
01:02:02.079 --> 01:02:07.960
show that the university was responsible for
the very tragic events that led to the

724
01:02:07.039 --> 01:02:14.400
murder of Lauren Burke, Auburn University
issued a statement saying they will quote remain

725
01:02:14.480 --> 01:02:19.639
diligent in working with our university security
team and local law enforcement officials on our

726
01:02:19.679 --> 01:02:24.480
commitment to a safe campus environment.
Auburn does have a campus safety app for

727
01:02:24.559 --> 01:02:30.079
phones now. The app features emergency
contacts, crisis alerts, and app tip

728
01:02:30.119 --> 01:02:34.960
reporting location services features, which makes
it easier to connect with other students,

729
01:02:35.119 --> 01:02:40.159
allowing friends to monitor their location temporarily. You can report sexual harassment and rape

730
01:02:40.199 --> 01:02:45.559
through the app, which is an
easier step for some victims rather than reporting

731
01:02:45.639 --> 01:02:50.000
right away in person. I am
glad Auburn took measures to make sure all

732
01:02:50.039 --> 01:02:53.960
students were safer, but none of
that would have helped Lauren. Unfortunately,

733
01:02:54.280 --> 01:02:59.639
she met a man who seemed hell
bent on his own destruction, even if

734
01:02:59.639 --> 01:03:06.599
it meant hers it's a tragedy upon
tragedy, emblematic of our broken systems in

735
01:03:06.639 --> 01:03:10.039
regards to the military and mental health, and then ultimately to the justice system

736
01:03:10.079 --> 01:03:15.320
and mental health. Lauren was indeed
a brave young woman. She tried to

737
01:03:15.320 --> 01:03:20.519
give Courtney her money and walk away. When that didn't work, she tried

738
01:03:20.559 --> 01:03:23.800
to talk to him. And while
I don't believe Courtney wanted to rape Lauren,

739
01:03:24.239 --> 01:03:29.559
she had no way of knowing that
when he forced her to undress and

740
01:03:29.719 --> 01:03:34.519
when he shot her, whether purposely
or not, she chose to jump from

741
01:03:34.519 --> 01:03:38.320
a moving car to try and save
her own life. It doesn't get much

742
01:03:38.360 --> 01:03:45.480
more brave than that. Southern Fried
True Crime is hosted and produced by me

743
01:03:45.880 --> 01:03:51.679
Erica Kelly. Today's episode was researched
and written by Hailey Gray and myself,

744
01:03:52.000 --> 01:03:57.480
with additional research assistance by Anna Luria. As usual, any editorial comments and

745
01:03:57.639 --> 01:04:00.760
opinions are my own. For the
record, I realize my opinion may be

746
01:04:00.840 --> 01:04:05.239
controversial, but it's not the first
time I have shown sympathy for a combat

747
01:04:05.320 --> 01:04:09.679
veteran. And more to the point, I do not believe the state of

748
01:04:09.719 --> 01:04:14.880
Alabama should have the right to overrule
a unanimous decision by a jury. There

749
01:04:14.920 --> 01:04:17.719
are several points of law to consider
in this case that are sticky, but

750
01:04:17.840 --> 01:04:23.280
that is one I cannot get past. Again. There is a reason Alabama

751
01:04:23.360 --> 01:04:28.159
is the lone state to still practice
this way. Southern Freud's original music is

752
01:04:28.199 --> 01:04:31.400
by Rob Harrison of Gamma Radio,
and the original graphic art is by Kohley

753
01:04:31.480 --> 01:04:35.639
Horner. If you have any case
suggestions, please go to my website and

754
01:04:35.679 --> 01:04:40.360
click on the listener suggestion tab.
This is the best way for me to

755
01:04:40.400 --> 01:04:44.920
get those little known cases you'll always
send me. Please remember that I do

756
01:04:45.000 --> 01:04:48.519
not accept suggestions on social media private
messages. With three platforms to manage,

757
01:04:48.559 --> 01:04:53.679
that is very overwhelming for me.
I hope you understand, but please come

758
01:04:53.760 --> 01:04:58.559
join our Facebook group, Southern Fred
True Crime Fans Discussion group where we swap

759
01:04:58.639 --> 01:05:02.159
recipes, worship Dolly Parton, and
share memes. I much prefer spending my

760
01:05:02.239 --> 01:05:05.880
social media time and our lovely group. We do, of course discussed true

761
01:05:05.880 --> 01:05:10.320
crime, not just Southern Fried,
but all kinds, but it is still

762
01:05:10.440 --> 01:05:14.280
very much a Southern lifestyle group.
Our group is a safe and fun corner

763
01:05:14.280 --> 01:05:15.800
of Facebook, and by God,
we mean it when we say no shitous

764
01:05:15.920 --> 01:05:18.920
is allowed. It's not just a
motto, it's how we run the group.

765
01:05:20.079 --> 01:05:24.719
If you enjoy today's show, don't
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766
01:05:24.760 --> 01:05:29.280
friend or rate interview on iTunes.
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767
01:05:29.440 --> 01:05:33.920
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768
01:05:34.360 --> 01:05:38.159
thanks so much for listening y'all take
care,