It was the type of senseless crime that sends shock waves through the community
 A single mom and her two young children are brutally murdered. the prime suspect in the case is cleared of all charges, but the victims' family claims there was a police cover-up.  Today, both families collide over a murder that has changed all their lives forever....

It's amazing what can split up a town.  A horrible murder case has been sending shock waves throughout a small town in Eastern Texas. This is a case that is pitting families against each other and today they are ready to battle over these tragic deaths.

Inside this trailer home in Atlanta, Texas, Gerri-Faye Butts and her two daughters were murdered.  Three year old Mackenzie
found face down in the bathtub.  11 year old Jessica, raped and strangled with a telephone cord,  There mother, Gerri-Faye, also found strangled.

Kevin Hailey - who some say was Gerri-Faye's boyfriend - was arrested inthe triple  murder.  And was taken to court to decide if there was enough evidence to keep him in jail.  But Hailey happened to be the son of a deputy sheriff and some people think that's the reason District Attorney Neil Birmingham went easy on him.

NB - They didn't get enough on Hailey to even think about going to a grand jury or to convict him.

The judge, however, disagreed and sent the case to the grand jury.  It decided that Hailey should not be indicted.  Family members were enraged.

Lanette leaving courthouse:   "Can you believe the DA done it?   He showed Cass County what it's all about."

For now, no one really knows who killed Gerri-Faye and her little girls.

These murders happened just last January and today relatives and friends of both Gerri-Faye and
suspect Kevin Hailey are here to fight for what they think is right.
Lanette Lawless is Gerri-Faye's mom.  She's
cannot get over the fact that her daughter and granddaughters are gone.
Brian Butts is Gerri-Faye's brother.  He is here with his wife, Georgia, and they both think they know who killed their lived ones.
And Cindy Rachel was one of Gerri-Faye's best friends and she actually found the bodies which, Cindy, I guess, was about as much as you could take.

CR - At that time, yes.

MP - Tell us what happened and what you found.

CR - We... when we went over there, we walked in the house and the first thing I seen when I walked in the living room was Gerri-Faye lying on the couch. And all I could say at that time was "Oh my God, Gerri-Faye."  And I went over there to her and I put her cheeks in my hands and then I was pulled off of there, away from her and was taken to the telephone where I called the
emergency van and then we went back to the back bedroom and that's where we seen Jessica and she was pulled to the foot of the bed with her legs hanging over the foot of the bed, and she was naked from the waist down.  And the telephone cord, and all - the whole telephone was just wrapped around her throat.

MP - And in the bathroom did you see the other daughter?

CR - Yes, I went into the bathroom and there, in the bathtub, was Mackenzie, face down.

MP - 3 years old

CR - Yes, sir

MP - Lanette, have you - -  ah - - you still have nightmares?

LL - I sure do - yes.  I miss my daughter and my granddaughters very much.  Gerri wasn't only my daughter, she was my friend. I miss my hugs and kisses from my granddaughters. I miss buying them gifts.  I miss their birthdays, our special days together.

MP - Do you think you know who did it?

LL - I'm sure. Yes, I think Kevin Hailey did it.

MP - Why do you think that?

LL - Well, Geri was seeing Kevin at the time and also, we do know that Kevin owed Gerri money.  I think that was the motive.

MP - $90.00?

LL - That's what we heard, yes.  And that's what she told...

MP - That would have been a motive for him to do all that?

LL - Well, to me it would be, yes.  Especially when I tell you the rest of it.  I think Kevin went over to Gerri's trailer that night and I think that she probably asked him for the money that he owed her because she knew her checks were going to start bouncing in another day or two - which they did.
I think she asked him for that money and he told her he didn't have it or maybe he told her - I have this much - I think he put it on the bar because we later found about $23.00 there. I think, and Gerri didn't leave money laying around.
And I think she told him she wanted it all, she had to have it all and he probably told her - No, I don't have it.
I think that she got in his face - - because she would do that. And I think she slapped him.

MP - - Tell me that characteristic about your daughter.  As I understand it, if she felt that she was being crossed, or she felt that she was beng denied something, or not being treated fairly...

LL - That is true

MP - as you say, she would get up

LL - she would tell you, right

MP - - she's very honest...

LL - She was very honest. I really think that's what happened.

MP - - So basically, as you say, she got up into his face...

LL - I think she got in his face, I think she slapped him. I think he hit her back, knocking her out, knocking her unconscious.  I think he tried to revive her - uh - - we have reasons to believe that he did try to resusitate her and he failed.  We do not think that he went over to murder  her - no, we don't think that at all but we do believe that he did do it.  We think that happened and he had to get rid of the llittle girls to keep them from talking because they knew him.

MP - - You've got to have physical evidence.  You've said now that you think, you think, you think... But Brian, you need evidence.

BB - There was physical evidence.

MP - What was the evidence?

BB - Where the 3 year old was found drowned in the bathtub, they found his handprints on the side of the bathtub

MP - Kevin Hailey's

BB - Kevin Haileys.  They run some tests, the police department did, of how his palmprint could get on the side of the tub where it was.  The only way was to be on your knees and to be reaching over into the tub for your palm print to be able to go flat against the tub.

MP - Alright.  That's once piece of evidence, anything else?

BB - They found his pubic hair

MP - - Wait a minute.  If they were sleeping together, wouldn't that be natural to find evidence of that on her bed?

BB - Kevin Hailey said he hadn't been there in several weeks.

MP - But with this evidence -you think Kevin Hailey did it but he wasn't indicted.

BB - No, he wasn't.

MP - Why?

BB - Neil Birmingham, our district attorney.

MP - - Why would he do that? Distrist attorneys are supposed to fight for the rights of the victims.  He's supposed to solve crimes.  If he thinks there's enough evidence to go to the grand jury to get an indictment, why wouldn't he do that?

BB - - Why did Neil stand up at a Writ of Habeas Corpus hearing and say he was on the wrong side of the fence?

MP - - You heard what he just said on our show on the videotape.  There wasn't enough evidence against Kevin Hailey.

BB - Why is he on the wrong side of the fence?

MP -- What does that mean?

BB -   He's not on our side, he's on Kevin Hailey's side.

MP - Why would he be on Kevin Hailey's side?

BB - Kevin Hailey's daddy was a deputy sheriff in our town.

MP - so they knew each other.

BB - They worked in the same building.  At first the DA said he did not know Kevin Hailey's daddy.  Then he retracted that
said that he told a "little white lie" - he did know Kevin Hailey's Daddy.

MP - Right.  But what would Kevin Hailey's Dad have to do with the District Attorney and that investigation?  Just because you know somebody, that doesn't mean that automatically you're going to get preferential treatment, does it?

BB - No, not necessarily.

MP  - When we come back, Kevin Hailey's mother and his wife will be here to tell us why they think Kevin Hailey is innocent.  And they also have their own idea about who committed the murders.  It might shock you.

BREAK

MP - - OK - we're talking about the story that is going on in a Texas town and it happened because of a triple murder last January.  And we're talking about the district attorney Neil Birmingham and how the family believes that Neil Birmingham did not indict Kevin Hailey because he had connections with the then-suspect's family. I want you to know the district attorney has said there was insufficient evidence.  We've contacted him.  He didn't want to appear but he has maintained there was insufficient evidence to indict Kevin Hailey.

Our next guests say they will fight until their dying days to prove that Kevin Hailey did not kill Gerri Butts and her two little girls.

Kathy Weaver is Kevin Hailey's mother.  She has some ideas of her own about who committed those murders.
Angie Hailey is Kevin's wife.  She says her husband is a calm and easy-going person who could never kill anybody.

Ah - so you heard, Kathy, the evidence in the case.  Why do you think the grand jury chose not to charge Kevin for this crime.

KW - - Kevin was not indicted for this crime because there was no evidence, the evidence was not sufficient to carry
him to trial.  There was three investigations and the evidence was not found to be sufficient so he was therefore not indicted.

BB - What were the three investigations?

KW - Well, there was the investigation by the Atlanta
police department...

BB - and they said he done it

KW - ...there was the investigation from the District Attorney's office and then the grand jury that has unlimited powers for investigation.  They did their own 2 months investigation and they did not find the evidence sufficient.

MP - - Do you think he did get special treatment because his father was a deputy sheriff?

KW - Certainly not. His father has been fired after 25 years as a police officer.

Many voices from stage?  - WHY?

KW - ...and I was arrested the night he was arrested.

MP - Wait a second. First of all, why was he fired?

KW - He was fired because he said,  he was told, he put his son above the law.

MP - And why were you arrested?

KW - For disorderly conduct.

MP What did you do?

KW - I went after my boy. I went to the jail.

MP - To do what?

KW - I wanted to see him.  I wanted to... I couldn't believe that he had been arrested.

MP - - and how disorderly were you?

KW - Pretty disorderly.

(Lots of laughing going on.)

MP - What did you do Kathy?

KW - Well, they had the jail locked.  The entire building was locked.

MP - - What did you do, bust a window or something?

KW - I tried.

MP - You did?

KW - I tried to.

MP - You tried to bust a window?

KW - I don't know, I just didn't do it. But I wanted to.  I wanted in.

MP - This is a strange story.  Because here we are.. Angie?  Your husband didn't do it, according to you.

AH - No, he didn't.

MP - And at the same time, admittedly, he was going out and was a boyfriend to Gerri-Faye, wasn't he?

AH - He was NOT Gerri-Faye's boyfriend!

(Voices from Gerri's family - - "He was.")

AH - When did they go out on a date?

MP - Oh boy, did we open up something here!

Lanette - - I was there many times and he was there,  and he came down to sleep with my daughter.

AH - - Exactly.  He came down to sleep with your daughter.

Lanette - that's right.

Kathy Weaver said something here - - I can't make it out on my tape.

Lanette - You're a liar.  Prove that, Bitch.  Just prove it. Is that alleged or what?

AH - Can I answer the question?

(garbled)

??? If the evidence had been obtained correctly he would have been indicted.

Lanette - .But it's true - we got railroaded from the beginning.  You know it just as well as we do.

KW - the police chief in this case presented all the evidence that he had available, so it was actually the police chief,  Mike Scott, that presented the evidence. so if you're at (garbled) talk to him.

LL - We have talked to the chief.

KW - I understand that.

AH - Can I answer the question?  Kevin and Gerri-Faye were not boyfriend and girlfriend.  They never went out on a date.  kevin was trying to get me to go back to him.  We were not divorced, we were separated.

LL - Kevin  the one said you were divorced

AH - We were separated and on many occasions we frequented the nightclub that is local in town.  When I wouldn't go home with him at night, which I didn't, then Gerri-Faye would.  That is not a boyfriend/girlfriend relationship.You go out on dates.

MP - .Kind of a sleepover

AH - Basically, yes

GB - That's not true.  He was there on Mackenzie's birthday.  He was there for Thanksgiving.  He was at my house... he was there at my house on my son's birthday.

(KW mumbling - - I can't catch it)

AH - Did they go out on a date?

LL - Yes they did, yes they did.

AH - He came to your house and picked her up and took her out on a date?

LL - Yes he did

AH - No, he never did that.

LL - He came to my house

GB - Angie, You weren't there, how do you know?

AH - Kevin didn't have a job!

LL - That doesn't matter?

AH - You don't take someone out on a date with no money.

LL - Maybe my money that I helped support those babies with?

MP - - I see there's a disagreement here.  Let's move on to something else.  Angie. You said that your husband is kind of a kind,  calm fellow.  But didn't he have a history of violence?

AH - Kevin didn't have a history of violence.

(Sorry, lots of cross-talk and I can't get it all from this tape - - not the best copy)

GB - When he was in Scotland.

AH - The supposed sailor that he stabbed was not a sailor at all.  And Kevin didn't stab anyone.

GB - What about when he stabbed...when he pulled a knife on a guy with his arm in a cast.....

KW  - ...clear up about him stabbing a sailor, OK?  Mike Scott received a letter from Scotland - he enlisted the aid of Scotland Yard to see if he could actually find out if there was a criminal - because this was supposed to have taken place in Scotland, if he could get the criminal history of Kevin Hailey in Scotland and two days before he arrested Kevin he received a letter dated march the 17th that stated that Kevin had no criminal history in the British Kingdom and he also had a letter that said he did not have a history in the United States.

MP - He never showed any kind of violent behavior around town?

BB -  In the club, not far from my house, he was always fighting.

AH - Kevin was a bouncer at that club.

MP - He was a calm, friendly bouncer?

AH - When a fight broke out, Kevin was in charge of taking them outside and making sure they left the bar.

BB - Did he do that in a calm manner?

AH - Yes.  I've seen him...

KW - They needed a bouncer - you know -  if it was always calm in the club they wouldn't have need of a bouncer.  They understand all this.

AH - ....  Kevin does not have a history of violence.

MP - As I understand this, Kathy, you think you know who killed Gerri-Faye and her daughters.  You think you really... there's no doubt ...

KW - There's no doubt in my mind.

MP - You have no doubt the same way Lanette has no doubt.  She thinks your son did it.

KW - Right - the only difference is, there hasn't been an investigation on anybody but Kevin. So  there is no doubt in my mind.

LL - there is no evidence in the house pointing to anyone but Kevin.

KW - There is...

MP - So who do you think, Kathy, killed Gerri-Faye and her two girls?

KW - I think Lanette Butts' husband, who was her boyfriend at the time, Bret Lawless, killed them and she is covering for them.

LL - Why would I cover for him?  I loved my daughter and my grandbabies and I think you are a liar.

Cross talk - Maury went into audience and started talking to Bret Lawless.

BL - I took a lie-detector test. I was investigated thoroughly.
You said there was no investigation
know about what you're saying
protecting your ownson who committed the murder
getting the heat off her son and
easier to put it on me.  I'm an ex-convict. I paid for my crimes in the past and I'm trying to do right but I'm the easy pawn.  She knows her son's the murderer.

MP - And why would you think he did that, Kathy

KW - Because I feel like when you have a motive you have the murderer.

MP - And what's the motive?

KW - Land, money

LL and GB - - WHAT LAND???!!!

KW - This family ...um

MP - is this a drama straight out of soap operas or what?

KW There are so many things pointing to that but Miss Lawless, here, she is grieving - of course - she should be anyway.  She and her husband, Mr. Bret Lawless, um... she buried her family on Friday and that night she was in the local nightclub, drinking and drunk.....

LL - I think you are a liar.

KW - and she told the people in there that it was just another random killing

MP - Let me ask you this. That's one thing, her behavior is one thing - You said there was a motive - land and money - what do you mean by that?

KW - Because Gerri-Faye would not sign - she refused to agree to sell
some land they had

MP They had some land, they were going to sell it - Gerri-Faye didn't want to sell it, and therefore the family couldn't get any money.  So in order to get the money - let me just hear your theory here.  In order to get the money, he killed her and her two daughters.  There's no objection any more so they could go sell the land, right?  Did they sell the land?

KW - I have no idea.  I heard that they have.  I don't know that for sure.

The audio is very bad - - I missed some here... about a full  minute.

BREAK
The rest is pieced together from what audio I could get -  sorry...

Man in audience asked about the palm print - - how it was explained and how long it would last on the tub.

KW explained that it was a fragment - "It only proved that he had been in the mobile home one time..."  ".... it could have been put there any time."

Answering a question, AH said she and Kevin were back together as husband and wife.

BB said that the print would not hold up if it got wet - pointed out that the plumber's prints were not on the tub at all.  He said that never came out in the hearing.

MP - - water splashed on the tub would have removed the prints.

BB - right.

KW - The final testimony was that there was no way he could be sure when it was placed there.
 

BREAK
 

MP - The story is very bizarre, but there are three people who are dead and in that cemetar and still there is noone that has been charged or convicted of that crime.

Audience question - - asked about semen samples taken from body - - answer - - there was none.

KW points out that Brian Butts and Lanette and her boyfriend, Bret Lawless were all on the suspect list.

Brian said "She wasn't having a whole lot to do with our family at that time."  I think he was talking about his mother.

Brian called Kevin Hailey the "#1 suspect."

MP went to Lawless and asked what he had been in jail for - - he said ARSON and KW piped in - - "attempted murder."  Lawless called her a liar.

Lawless pointed out that he took a lie detector test and passed and Kevin Hailey refused to take one.

KW said that people can decide if they want to take polygraphs, admitted Lawless took one and said it isn't admissible....

Bret Lawless was standing with a female who said that Kevin was going to take one until his father stepped in - - and asked kevin's wife where she was for all this.

AH said she had filed for a divorce in November and they were seeing each other at the time of the murder - reconciling. She doesn't want anyone thinking Gerri Faye and Kevin were boyfriend and girlfriend at the time of the murder.

KW says that if Brian Butts discussed his mother and her boyfriend as suspects there had to be a "good reason."

KW - "My son has been accused of this and he is innocent until proven guilty. And that's the point I want to make.  Neal Birmingham did what any district attorney would do.  He looked at the evidence.  Neal Birmingham did not make the final decision - the grand jury did. And our system allows for that - - they allow for this.   This is the same system we all live by - we all depend on it.  It's not perfect but neither are the men that designed it.  Neither are we."

MP - hard cold fact is, Gerri Faye Butts and her two daughters are in their graves and nobody has been held responsible for that crime.

KW - "That's right.  But convicting the wrong man for this crime is not going to be justice.  He's an American citizen just like we all are. The system that protected him did not protect him because he was Kevin Hailey. It was not designed for Kevin Hailey.

MP  - - closing down... asked if the case is being pursued by the APD and DA.

LL - The case is still under investigation

KW - "These people are pursuing it for the attention and publicity."

GB -  "We want your son to die a tortuous death just like those three did , Lady, that's what we want."

KW - He was not indicted for this murder

GB -  That's because Neal Birmingham was on your side.

KW - Neal Birmingham is not the one that made the decision.  He hasn't gone to trial.

AH - Every single person in this audience, including everyone on the stage,could have the same thing happen to you as happened to my husband.  Anybody, you, you, you...

KW -  ....he's innocent.

AH -  .... innocent you have your rights....

MP - What was his alibi?

AH and KW - Kevin had three people he was with.  They all took polygraphs and they passed them.

BREAK and end of Butts discussion. (Went to another story)