WEBVTT 00:00.000 --> 00:02.936 3 penalty law remains on the 00:02.936 --> 00:04.704 penalty law remains on the books after lawmakers turned 00:04.705 --> 00:05.706 penalty law remains on the books after lawmakers turned back an effort to abolish 00:05.706 --> 00:07.141 books after lawmakers turned back an effort to abolish capital punishment.But those 00:07.140 --> 00:08.842 back an effort to abolish capital punishment.But those same lawmakers might be 00:08.842 --> 00:10.177 capital punishment.But those same lawmakers might be surprised to learn the Utah 00:10.177 --> 00:11.612 same lawmakers might be surprised to learn the Utah Department of Corrections has 00:11.612 --> 00:12.513 surprised to learn the Utah Department of Corrections has already dismantled its death 00:12.513 --> 00:15.483 Department of Corrections has already dismantled its death row. Now, thanks to the KSL 00:15.482 --> 00:17.751 already dismantled its death row. Now, thanks to the KSL Investigators and the COLD 00:17.751 --> 00:20.621 row. Now, thanks to the KSL Investigators and the COLD podcast team, we know why.Dave 00:20.621 --> 00:22.156 Investigators and the COLD podcast team, we know why.Dave Cawley explains. 00:22.155 --> 00:27.093 podcast team, we know why.Dave Cawley explains. Sheriff Marion Carter 00:27.094 --> 00:27.795 Cawley explains. Sheriff Marion Carter "THIS GUY HAS NO CONSCIENCE. 00:27.794 --> 00:28.495 Sheriff Marion Carter "THIS GUY HAS NO CONSCIENCE. HE’S A KILLER, A COLD-BLOODED 00:28.495 --> 00:29.196 "THIS GUY HAS NO CONSCIENCE. HE’S A KILLER, A COLD-BLOODED KILLER."In 1984, Walter Wood 00:29.196 --> 00:30.064 HE’S A KILLER, A COLD-BLOODED KILLER."In 1984, Walter Wood escaped from the Utah State 00:30.063 --> 00:31.097 KILLER."In 1984, Walter Wood escaped from the Utah State Prison. Sheriff Marion Carter 00:31.098 --> 00:31.799 escaped from the Utah State Prison. Sheriff Marion Carter "THIS GUY’S BAD. HE’S AS BAD 00:31.798 --> 00:32.832 Prison. Sheriff Marion Carter "THIS GUY’S BAD. HE’S AS BAD AS THEY COME. WE’VE GOT TO 00:32.833 --> 00:33.767 "THIS GUY’S BAD. HE’S AS BAD AS THEY COME. WE’VE GOT TO FIND HIM REAL QUICK."He’d 00:33.767 --> 00:34.968 AS THEY COME. WE’VE GOT TO FIND HIM REAL QUICK."He’d spent time on death row...But 00:34.968 --> 00:36.703 FIND HIM REAL QUICK."He’d spent time on death row...But his death sentence was 00:36.703 --> 00:38.438 spent time on death row...But his death sentence was overturned on appeal.That’s 00:38.438 --> 00:40.273 his death sentence was overturned on appeal.That’s when prison staff let Wood out 00:40.274 --> 00:42.076 overturned on appeal.That’s when prison staff let Wood out of maximum security, setting 00:42.075 --> 00:43.610 when prison staff let Wood out of maximum security, setting the stage for escape. Tom 00:43.610 --> 00:44.611 of maximum security, setting the stage for escape. Tom Walsh "IT APPEARS THERE WAS NO 00:44.611 --> 00:45.445 the stage for escape. Tom Walsh "IT APPEARS THERE WAS NO NEGLIGENCE AND NO DISCIPLINARY 00:45.445 --> 00:46.846 Walsh "IT APPEARS THERE WAS NO NEGLIGENCE AND NO DISCIPLINARY ACTION IS GOING TO BE TAKEN 00:46.847 --> 00:48.982 NEGLIGENCE AND NO DISCIPLINARY ACTION IS GOING TO BE TAKEN PENDING A FULL REPORT.Police 00:48.982 --> 00:50.150 ACTION IS GOING TO BE TAKEN PENDING A FULL REPORT.Police recaptured Wood after a 00:50.150 --> 00:52.819 PENDING A FULL REPORT.Police recaptured Wood after a manhunt.But it happened again. 00:52.819 --> 00:55.555 recaptured Wood after a manhunt.But it happened again. Gerald Brown escaped in 1990. 00:55.556 --> 00:57.625 manhunt.But it happened again. Gerald Brown escaped in 1990. Like Wood, he’d been sent to 00:57.624 --> 00:59.159 Gerald Brown escaped in 1990. Like Wood, he’d been sent to death row but won an appeal... 00:59.159 --> 01:00.661 Like Wood, he’d been sent to death row but won an appeal... Which allowed him out of max. 01:00.661 --> 01:01.695 death row but won an appeal... Which allowed him out of max. Jane Clayson: "BROWN, SHOWN 01:01.695 --> 01:03.530 Which allowed him out of max. Jane Clayson: "BROWN, SHOWN HERE IN 1978 IS A CONVICTED 01:03.530 --> 01:05.799 Jane Clayson: "BROWN, SHOWN HERE IN 1978 IS A CONVICTED DOUBLE MURDERER SERVING A LIFE 01:05.799 --> 01:07.301 HERE IN 1978 IS A CONVICTED DOUBLE MURDERER SERVING A LIFE SENTENCE."Brown’d used tools 01:07.301 --> 01:07.968 DOUBLE MURDERER SERVING A LIFE SENTENCE."Brown’d used tools from the prison’s plumbing 01:07.968 --> 01:09.102 SENTENCE."Brown’d used tools from the prison’s plumbing shop to create a hidden 01:09.102 --> 01:10.537 from the prison’s plumbing shop to create a hidden compartment in a state utility 01:10.537 --> 01:12.472 shop to create a hidden compartment in a state utility truck. Robert Walz: "WHEN AN 01:12.472 --> 01:13.206 compartment in a state utility truck. Robert Walz: "WHEN AN EMPLOYEE DROVE OUTSIDE THE 01:13.206 --> 01:14.974 truck. Robert Walz: "WHEN AN EMPLOYEE DROVE OUTSIDE THE GATE, THEY MADE OFF WITH THE 01:14.975 --> 01:16.243 EMPLOYEE DROVE OUTSIDE THE GATE, THEY MADE OFF WITH THE VEHICLE."SWAT teams caught 01:16.243 --> 01:17.411 GATE, THEY MADE OFF WITH THE VEHICLE."SWAT teams caught Brown near Sundance, but not 01:17.411 --> 01:18.512 VEHICLE."SWAT teams caught Brown near Sundance, but not before he tried to shoot a 01:18.512 --> 01:19.813 Brown near Sundance, but not before he tried to shoot a campground host with a stolen 01:19.813 --> 01:21.748 before he tried to shoot a campground host with a stolen gun.These were dangerous and 01:21.748 --> 01:23.350 campground host with a stolen gun.These were dangerous and embarrassing lapses for the 01:23.350 --> 01:25.152 gun.These were dangerous and embarrassing lapses for the Utah Department of Corrections. 01:25.152 --> 01:26.920 embarrassing lapses for the Utah Department of Corrections. They help explain why for more 01:26.920 --> 01:28.555 Utah Department of Corrections. They help explain why for more than 30 years, this super-max 01:28.555 --> 01:29.956 They help explain why for more than 30 years, this super-max building has housed Utah’s 01:29.957 --> 01:33.127 than 30 years, this super-max building has housed Utah’s condemned. It’s called Uinta 1. 01:33.126 --> 01:35.695 building has housed Utah’s condemned. It’s called Uinta 1. But in 2019, prison staff 01:35.696 --> 01:37.631 condemned. It’s called Uinta 1. But in 2019, prison staff moved five of Utah’s seven 01:37.631 --> 01:39.433 But in 2019, prison staff moved five of Utah’s seven death row inmates out of it. 01:39.433 --> 01:41.035 moved five of Utah’s seven death row inmates out of it. KSL first made that discovery 01:41.034 --> 01:41.735 death row inmates out of it. KSL first made that discovery while working on season 2 of 01:41.735 --> 01:42.803 KSL first made that discovery while working on season 2 of the Cold podcast.It wasn’t 01:42.803 --> 01:43.871 while working on season 2 of the Cold podcast.It wasn’t clear why, so last year we 01:43.870 --> 01:46.873 the Cold podcast.It wasn’t clear why, so last year we asked Corrections Director 01:46.873 --> 01:49.075 clear why, so last year we asked Corrections Director Brian Nielson to explain. 01:49.076 --> 01:49.843 asked Corrections Director Brian Nielson to explain. Brian Nielson, Executive 01:49.843 --> 01:50.777 Brian Nielson to explain. Brian Nielson, Executive Director, Utah Department of 01:50.777 --> 01:51.478 Brian Nielson, Executive Director, Utah Department of Corrections "RIGHT NOW THERE 01:51.478 --> 01:52.145 Director, Utah Department of Corrections "RIGHT NOW THERE ARE SEVEN INCARCERATED THAT 01:52.145 --> 01:52.812 Corrections "RIGHT NOW THERE ARE SEVEN INCARCERATED THAT ARE SENTENCED TO DEATH."He 01:52.813 --> 01:53.981 ARE SEVEN INCARCERATED THAT ARE SENTENCED TO DEATH."He told us it was due to an old 01:53.981 --> 01:56.016 ARE SENTENCED TO DEATH."He told us it was due to an old policy from 2005 called "Last 01:56.016 --> 01:57.584 told us it was due to an old policy from 2005 called "Last Chance." Brian Nielson: "THEY 01:57.584 --> 01:59.019 policy from 2005 called "Last Chance." Brian Nielson: "THEY HAVE TO EARN THEIR WAY TO 01:59.019 --> 02:00.521 Chance." Brian Nielson: "THEY HAVE TO EARN THEIR WAY TO SOMEPLACE THAT, THAT THEY HAVE 02:00.520 --> 02:01.855 HAVE TO EARN THEIR WAY TO SOMEPLACE THAT, THAT THEY HAVE MORE OPPORTUNITIES."Like, 02:01.855 --> 02:03.757 SOMEPLACE THAT, THAT THEY HAVE MORE OPPORTUNITIES."Like, Nielson said, moving to 02:03.757 --> 02:05.659 MORE OPPORTUNITIES."Like, Nielson said, moving to "less-restrictive" housing. 02:05.659 --> 02:06.727 Nielson said, moving to "less-restrictive" housing. Brian Nielson: "WE’VE HAD A 02:06.727 --> 02:08.529 "less-restrictive" housing. Brian Nielson: "WE’VE HAD A COUPLE MAKE IT THAT FAR BUT 02:08.528 --> 02:09.729 Brian Nielson: "WE’VE HAD A COUPLE MAKE IT THAT FAR BUT IT’S TAKEN Y’KNOW, 13, 14 02:09.730 --> 02:11.966 COUPLE MAKE IT THAT FAR BUT IT’S TAKEN Y’KNOW, 13, 14 YEARS TO GET THERE."We now 02:11.965 --> 02:13.366 IT’S TAKEN Y’KNOW, 13, 14 YEARS TO GET THERE."We now know that last statement 02:13.367 --> 02:16.804 YEARS TO GET THERE."We now know that last statement wasn’t entirely accurate. 02:16.803 --> 02:19.072 know that last statement wasn’t entirely accurate. Nielson wouldn’t show us the 02:19.072 --> 02:20.540 wasn’t entirely accurate. Nielson wouldn’t show us the "Last Chance" policy after our 02:20.540 --> 02:22.008 Nielson wouldn’t show us the "Last Chance" policy after our interview.We fought to win 02:22.009 --> 02:23.777 "Last Chance" policy after our interview.We fought to win this copy using Utah’s open 02:23.777 --> 02:25.279 interview.We fought to win this copy using Utah’s open records law. Turns out, Last 02:25.278 --> 02:27.080 this copy using Utah’s open records law. Turns out, Last Chance didn’t say what Nielson 02:27.080 --> 02:28.615 records law. Turns out, Last Chance didn’t say what Nielson claimed.Last Chance provided 02:28.615 --> 02:31.218 Chance didn’t say what Nielson claimed.Last Chance provided extra privileges to death row 02:31.218 --> 02:32.386 claimed.Last Chance provided extra privileges to death row inmates for good behavior.A 02:32.386 --> 02:33.087 extra privileges to death row inmates for good behavior.A way out of max wasn’t one of 02:33.086 --> 02:33.820 inmates for good behavior.A way out of max wasn’t one of them.That change was much more 02:33.820 --> 02:34.521 way out of max wasn’t one of them.That change was much more recent. In 2018, the prison 02:34.521 --> 02:35.222 them.That change was much more recent. In 2018, the prison captain in charge of Uinta 1 02:35.222 --> 02:36.824 recent. In 2018, the prison captain in charge of Uinta 1 sent this letter to the warden. 02:36.823 --> 02:38.158 captain in charge of Uinta 1 sent this letter to the warden. He suggested eliminating death 02:38.158 --> 02:42.896 sent this letter to the warden. He suggested eliminating death row altogether.And the prison 02:42.896 --> 02:43.830 He suggested eliminating death row altogether.And the prison did just that, without 02:43.830 --> 02:45.298 row altogether.And the prison did just that, without revealing it publicly. Brian 02:45.298 --> 02:46.866 did just that, without revealing it publicly. Brian Nielson: "AND WE KEEP OUR 02:46.867 --> 02:48.068 revealing it publicly. Brian Nielson: "AND WE KEEP OUR GUARD UP ALL THE TIME WHILE 02:48.068 --> 02:50.203 Nielson: "AND WE KEEP OUR GUARD UP ALL THE TIME WHILE LOOKING FOR OPPORTUNITIES TO 02:50.203 --> 02:51.171 GUARD UP ALL THE TIME WHILE LOOKING FOR OPPORTUNITIES TO HELP PEOPLE ADVANCE."Five of 02:51.171 --> 02:52.739 LOOKING FOR OPPORTUNITIES TO HELP PEOPLE ADVANCE."Five of the seven men serving death 02:52.739 --> 02:53.607 HELP PEOPLE ADVANCE."Five of the seven men serving death sentences in Utah are today 02:53.607 --> 02:54.641 the seven men serving death sentences in Utah are today treated like most other 02:54.641 --> 02:56.943 sentences in Utah are today treated like most other inmates.They can move around 02:56.943 --> 02:58.812 treated like most other inmates.They can move around more, work in prison shops and 02:58.812 --> 03:01.081 inmates.They can move around more, work in prison shops and are separated from society by 03:01.081 --> 03:03.884 more, work in prison shops and are separated from society by fewer fences.And maybe that’s 03:03.884 --> 03:05.719 are separated from society by fewer fences.And maybe that’s no big deal.A New York-based 03:05.719 --> 03:07.354 fewer fences.And maybe that’s no big deal.A New York-based prison reform group called 03:07.354 --> 03:08.222 no big deal.A New York-based prison reform group called "The Vera Institute of 03:08.221 --> 03:09.756 prison reform group called "The Vera Institute of Justice" spent years working 03:09.756 --> 03:11.524 "The Vera Institute of Justice" spent years working with Utah’s prison bosses.Vera 03:11.525 --> 03:12.693 Justice" spent years working with Utah’s prison bosses.Vera issued this report in 2020.It 03:12.693 --> 03:15.262 with Utah’s prison bosses.Vera issued this report in 2020.It criticized the practice of 03:15.262 --> 03:17.831 issued this report in 2020.It criticized the practice of housing death row inmates in 03:17.831 --> 03:19.733 criticized the practice of housing death row inmates in max, saying they’re no more 03:19.733 --> 03:21.568 housing death row inmates in max, saying they’re no more violent than anyone else.Right 03:21.568 --> 03:23.336 max, saying they’re no more violent than anyone else.Right or wrong, Utah didn’t need to 03:23.336 --> 03:25.004 violent than anyone else.Right or wrong, Utah didn’t need to act on Vera’s report...Because 03:25.005 --> 03:26.406 or wrong, Utah didn’t need to act on Vera’s report...Because it’d already dismantled death 03:26.406 --> 03:27.407 act on Vera’s report...Because it’d already dismantled death row. 03:27.407 --> 03:33.246 it’d already dismantled death row. The Department of Corrections 03:33.246 --> 03:34.080 row. The Department of Corrections tells us they’re now focusing 03:34.081 --> 03:35.316 The Department of Corrections tells us they’re now focusing on housing inmates based on 03:35.315 --> 03:36.550 tells us they’re now focusing on housing inmates based on their behavior, not their 03:36.550 --> 03:36.917 on housing inmates based on their behavior, not their crime.