The Last Appeal - Ep. 3: A Date to Die

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Dateline Originals 33 min 8 speakers 5 chapters transcribed
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Andrew Goldman 0:00
Where was she?
Keith Morrison 0:02
The disappearance of Carrie Farmer was quite unlike any other, because Carrie hadn't exactly vanished, but retreated beyond the shadows to release rage in torrents of text messages. And it just went on and on and on. Beyond diabolical, beyond the macabre, to murder, a story straight out of left field. You're on edge as to what's going to happen next. I'm Keith Morrison, and this is Something About Carrie, an all-new podcast from Dateline. Listen to all episodes now, wherever you get your podcasts. Friday night on Dateline.
Unknown 0:41
All hell breaks loose. Sarah was good at playing everybody. I think it takes women sometimes to realize how awful women can be.
Andrew Goldman 0:51
The deeper you went into these, the more crazy things you'd find out, right?
Keith Morrison 0:55
This is a once in a lifetime case.
Lester Holt 0:57
Dateline, Friday night at 9, 8 central. Only on NBC.
Keith Morrison 1:09
on where I stored that dog food.
Gretchen Swinn 1:10
Gretchen Swinn has spent thousands of hours ploring over Robert Robertson's case. All right, I'm gonna send this to somebody now. Now, it was 2018, and Gretchen was gearing up for a critical court hearing. Robert's one shot to convince a judge that he deserved a new trial. She wasn't just reviewing files anymore. She was knocking on doors, finding the people who helped convict Robert to see what they knew. To Gretchen, one of them mattered more than the rest. Brian Wharton, former chief of detectives in Palestine.
Keith Morrison 1:49
I wanted to talk to him because I felt his testimony at trial for the state was very buttoned up. He didn't speculate. He was just reporting on what he observed.
Gretchen Swinn 2:02
Brian was no longer with the Palestine Police Department. He traded in his badge for a Bible. You retired from policing? Yes. And decided to become a Methodist minister? I am, yes.
Keith Morrison 2:13
United Methodist, yes. The fact that I was a police officer to begin with was because I thought that was justice for me. But the longer I did it, I could see that it was part of what justice is. And in my life, it's in Scripture, in the life and teaching of Jesus the Christ.
Gretchen Swinn 2:35
Questions about justice had been nagging at Brian for years. Then one day, the one case he couldn't shake showed up again, unannounced, on his doorstep.
Keith Morrison 2:47
You know, it was a long shot. And, you know, in Texas, a lot of people have guns. People think, and we knock on the door, and there's this man. Gretchen Swinn came to my door and said, I'm Gretchen, and I'm Robert's attorney, and can we talk for a minute? And he dropped his head. And I told her, I've kind of been expecting you, so yeah, come on in. Why was he waiting for someone to come?
Gretchen Swinn 3:12
I'm Lester Holt, and this is The Last Appeal, a podcast from Dateline. Episode 3, A Date to Die. It had been more than a decade since Brian Wharton helped put Robert in prison. His law enforcement career was a distant memory. But he could never shake the memory of what happened to Robert, so he invited Gretchen in. They talked for hours.
Keith Morrison 3:44
He explained that he'd just really been bothered by this case, that nothing had ever felt right.
Gretchen Swinn 3:52
Brian opened up about what had been haunting him, that sexual assault allegation made against Robert.
Keith Morrison 3:59
When Nikki was in the emergency room, one of the nurses that was attending to her was a sexual assault nurse examiner.
Gretchen Swinn 4:05
The nurse, who declined to speak with us, told Brian she believed Nikki was a victim of sexual assault. So he sent evidence from Robert's home out for testing. We sent all the bed sheets, everything. There was no DNA evidence, nothing to support that. Both the pediatric specialist who examined Nikki and the medical examiner who conducted the autopsy found no evidence either. Yet prosecutors charged Robert with sexual assault anyway. On direct testimony at Robert's 2003 trial, the nurse said that she was a certified SANE nurse, a sexual assault nurse examiner. But when asked about that on cross-examination, she said, I am not actually certified.
Keith Morrison 4:51
Turns out she wasn't really a certified SANE nurse. No one had suggested this child had been sexually abused. This nurse just took this upon herself immediately.
Gretchen Swinn 5:03
In the trial transcripts, the words sexual assault appear more than 80 times.

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