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Luke Mitchell: The Devils Own?
Presenter: Sam Poling
First Broadcast: May 2007
Sam Poling is an award-winning investigative journalist and three times BAFTA award winner.
Best known from her work on the Emma Caldwell investigation.
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Judith Jones attacks Corinne MitchellFebruary 2008 Jodi's mother, Judith Jones visits Corinne Mitchell's workplace in the middle of the day and physically attacks her. The attack is sustained to the point where the police are called and eventually remove Judith Jones from the premises. Until the Police confirm it, Judith denies the attack. No action is taken against her.
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The essay that DID existIn the Devil's Own documentary, Scott Forbes claims that Mark Kane wrote an essay about killing a girl in the woods. At appeal John Beckett claims no such essay existed. Beckett claims that Scott Forbes fabricated the story for financial gain, a claim widely reported in the Scottish tabloid press. However it is revealed some years later that the essay entitled 'No Remorse' by Mark Kane was taken by police from Newbattle Abbey College. It is not known why Beckett denied the existence of the essay. Scott Forbes has yet to receive an apology. John Beckett is now Lord Justice Clerk. https://johnsmytheinvestigations.wordpress.com/2023/09/13/luke-mitchell-case-an-foi-response-from-the-scottish-criminal-case-review-commission-sccrc/
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The condom, the DNA and the curious denialA condom filled with the fresh semen of James Falconer was found at the crime scene. The Crown discovered the match when Falconer's DNA was entered into the database during a separate enquiry. Falconer even provided an explanation, that he visited the scene for privacy. John Beckett QC told the hearing that Falconer was "no match whatsoever". We do not know why Beckett refuted the Crown's evidence nor on what basis.
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A fishing expeditionAt the first appeal, Beckett argued against documents being released to the defence. He called their request a 'fishing expedition' . "We are hampered because we don't have access to this information," Mitchell's junior counsel, Jane Farquharson, told the court. Beckett urges judges to throw out the defence petition for the documents, saying "I'm left to guess as to why it's thought this information might be helpful."
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Appeal: Mark Kane dismissed at suspectNamed in the documentary, Mark Kane is dismissed as a potential suspect at appeal. However, the failure of the police to eliminate means he is openly named as a strong suspect. This is distressing and traumatic for Kane, who passes away in 2018. The risks that eyewitnesses could have confused Kane for Mitchell are dismissed though judges confirm the similarity in colouring and build between the two. Kane was known to wear a parka coat and was out in Dalkeith on the night of the murder. There is no evidence to suggest Kane was involved in Jodi's murder. He was a vulnerable young man who would have been spared a lot of trauma had the police acted appropriately and eliminated him from the enquiry in the early stages.
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Verdict of Appeal"The case against the appellant was wholly circumstantial. There was no direct evidence that he was responsible for the murder of Jodi Jones." ref The appeal judges point to a missing knife. They state that the Luke's knife and knife pouch were "not relevant". Though Mitchell carried knives prior to the murder, his fishing knife and multitool were taken by police. A skunting knife bought after the murder was handed in by Mitchells solicitor after the police seized its empty pouch in a raid. It is not known how the judges came to believe the knife was missing. Issues around media attention, pre-trial publicity and local hysteria prejudicing the trial remain. That such risks may have been compounded by a trial heard locally, the appeal verdict was that this decision was left to the discretion of the trial judge. Issues around witness identification remain. That the Mitchell's dog Mia, was a training tracker dog, was not explored. The Lord Justice Clerk, Lord Gill said, "There is no doubt that the appellant is an unsympathetic individual. There is also no doubt as to the strength of public outrage in Dalkeith and beyond. Since the appellant will not even be considered for parole until he is almost 36, the chances of his being rehabilitated and making something of his life will be gravely prejudiced. The prospects of his becoming institutionalised beyond hope of recall will be significant."
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Anything Goes With James English
Presenter: James English
First Broadcast: March 2019
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In 2019 Joe Steel voiced the growing support for Luke Mitchell from the prison estate;
"That boy's innocent. Someone should take up his case. He's only got his ma."
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Joe Steele served twenty years having been wrongly convicted in the Ice Cream wars.
Joe Steel prompted James English to look at the case in detail.
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Murder in a Small Town
​John Sallens and Michael Neil
First Broadcast: Channel 5 Feb 2021
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John Sallens is a Criminal and Civil Investigator. He worked with Sam Poling on her investigation into Emma Caldwell's murder. This led to Ian Packers arrest. Professor Allan Jamieson also features in this two part documentary. Professor Jamieson has repeatedly spoken out against the disclosure regime of Police Scotland.
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Through the Wall: The case against Luke Mitchell
​Presenter: Naomi Channell
First Broadcast: Jan 2023
​Podcast
England
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Naomi Channell is to be commended for her detail and research. She repeatedly states she is, 'neither for nor against Luke". ​
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Issues: Naomi Channell expresses confusion around the missing knife. ​​​​​​​
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Luke Mitchell - Sound of Silence
Premiered on 11 Jun 2023
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These are recorded phone calls of Luke Mitchell speaking from prison. He provides a lot of detail but there is inevitably a lot of background noise and echo.
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Luke agreed to record and publish these knowing the risks. He was punished for making these recordings but he felt that he had been silent too long.​​​​​​
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Truth and Justice with Bob Ruff
Truth & Justice is a crowdsourced, true crime podcast hosted by Bob Ruff.
Podcast available on Spotify, itunes etc
First Broadcast: Sept 2023 ​
USA
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Issues: It was claimed that trial transcripts were unavailable. Following broadcast, some transcripts have been made publicly available. Please note these transcripts are not 100% accurate due to typographic errors. (For example Corinne Mitchell's age is given as 35).
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Judith Jones attacks Corinne MitchellFebruary 2008 Jodi's mother, Judith Jones visits Corinne Mitchell's workplace in the middle of the day and physically attacks her. The attack is sustained to the point where the police are called and eventually remove Judith Jones from the premises. Until the Police confirm it, Judith denies the attack. No action is taken against her.
-
The essay that DID existIn the Devil's Own documentary, Scott Forbes claims that Mark Kane wrote an essay about killing a girl in the woods. At appeal John Beckett claims no such essay existed. Beckett claims that Scott Forbes fabricated the story for financial gain, a claim widely reported in the Scottish tabloid press. However it is revealed some years later that the essay entitled 'No Remorse' by Mark Kane was taken by police from Newbattle Abbey College. It is not known why Beckett denied the existence of the essay. Scott Forbes has yet to receive an apology. John Beckett is now Lord Justice Clerk. https://johnsmytheinvestigations.wordpress.com/2023/09/13/luke-mitchell-case-an-foi-response-from-the-scottish-criminal-case-review-commission-sccrc/
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The condom, the DNA and the curious denialA condom filled with the fresh semen of James Falconer was found at the crime scene. The Crown discovered the match when Falconer's DNA was entered into the database during a separate enquiry. Falconer even provided an explanation, that he visited the scene for privacy. John Beckett QC told the hearing that Falconer was "no match whatsoever". We do not know why Beckett refuted the Crown's evidence nor on what basis.
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A fishing expeditionAt the first appeal, Beckett argued against documents being released to the defence. He called their request a 'fishing expedition' . "We are hampered because we don't have access to this information," Mitchell's junior counsel, Jane Farquharson, told the court. Beckett urges judges to throw out the defence petition for the documents, saying "I'm left to guess as to why it's thought this information might be helpful."
-
Appeal: Mark Kane dismissed at suspectNamed in the documentary, Mark Kane is dismissed as a potential suspect at appeal. However, the failure of the police to eliminate means he is openly named as a strong suspect. This is distressing and traumatic for Kane, who passes away in 2018. The risks that eyewitnesses could have confused Kane for Mitchell are dismissed though judges confirm the similarity in colouring and build between the two. Kane was known to wear a parka coat and was out in Dalkeith on the night of the murder. There is no evidence to suggest Kane was involved in Jodi's murder. He was a vulnerable young man who would have been spared a lot of trauma had the police acted appropriately and eliminated him from the enquiry in the early stages.
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Verdict of Appeal"The case against the appellant was wholly circumstantial. There was no direct evidence that he was responsible for the murder of Jodi Jones." ref The appeal judges point to a missing knife. They state that the Luke's knife and knife pouch were "not relevant". Though Mitchell carried knives prior to the murder, his fishing knife and multitool were taken by police. A skunting knife bought after the murder was handed in by Mitchells solicitor after the police seized its empty pouch in a raid. It is not known how the judges came to believe the knife was missing. Issues around media attention, pre-trial publicity and local hysteria prejudicing the trial remain. That such risks may have been compounded by a trial heard locally, the appeal verdict was that this decision was left to the discretion of the trial judge. Issues around witness identification remain. That the Mitchell's dog Mia, was a training tracker dog, was not explored. The Lord Justice Clerk, Lord Gill said, "There is no doubt that the appellant is an unsympathetic individual. There is also no doubt as to the strength of public outrage in Dalkeith and beyond. Since the appellant will not even be considered for parole until he is almost 36, the chances of his being rehabilitated and making something of his life will be gravely prejudiced. The prospects of his becoming institutionalised beyond hope of recall will be significant."