Lie Detector (Part Three)

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Previously, on Red Pilled America. Do you know that she accused them of also molesting her? Yeah. Yeah, I know that.

And I can guarantee you, he did not commit the crime.

I'm Patrick Kuralche.

The truth.

Welcome to Red Pilled America.

We're on part three of our series of episodes entitled Lie Detector. You've probably heard part one and two, but if you haven't, stop and go back and listen to the beginning. We're telling the story of a Texas girl named Marion, who accused a man of sexual assault, and the story of George Gage, the man who was convicted of it. So, to pick up where we left off, last week, we learned that the lawyer prosecuting George Gage, a man named Christopher Estes, withheld evidence that severely damaged the credibility of his two main witnesses, Marion and her mother, Wanda. After reviewing Marion's psychiatric records, the trial judge found that Marion's mother filled out a medical admissions form for her daughter, and on that form, she described Marion as a pathological liar and she lives her lies.

Judge Koppel also found evidence in the records that Marion and her mother lied to the court when they claimed that all of Marion's behavioral problems were caused by her stepfather sexually assaulting her. The records showed that at the time of Marion's admission into the hospital for a suicide attempt, Marion was having serious relationship problems. Wanda helped get Marion's heroin-addicted boyfriend, who was an adult, get re-apprehended and thrown back in prison, an act that threw Marion into a rage, claimed Judge Koppel. In Part 2, we also revealed that we didn't think George Gage should have been found guilty. With no physical evidence, no witness to any of the alleged assaults, and no prior record, there was nothing but Marion's word to convict George Gage.

What Judge Koppel found in Marion's medical records absolutely destroyed her credibility. Marion's own mother labeled her a pathological liar. that lives her lies. We don't believe George Gage would have been convicted if the jury were allowed to see that evidence. But that doesn't mean that Marion was lying about being raped by her stepfather.

To figure out whether George Gage was actually innocent of the crime, we needed to dig into the case a bit deeper.

As we mentioned earlier, after George was found guilty, Prosecutor Estes was shooting for the maximum sentence. So Marion and her mother submitted statements on how George Gage nearly destroyed their lives. Marion's statement included some new allegations that shocked Judge Koppel. She claimed that two other people molested her while she lived with George in Texas. Someone named Esterlin and another man named George, not her stepfather.

We felt this was key because if Marion accused two other people of molesting her, and the stories could neither be corroborated and no legal action was taken against these two additional abusers, we believed it would say a lot about Marion's credibility and George's innocence.

Yeah, I think you're right. And who's George?

Do you know that she accused them of also molesting her?

In a Texas police report, Marion stated that George Gage started sexually abusing her, dating back to 1987, when she was either five or six years old. Marion also stated that George's niece molested her, and, shockingly, she accused her stepfather George of sharing her sexually with his best friend in a swapping scheme, where his best friend shared his own daughter with George Gage. We asked Esterlin if she'd talk to us, but she didn't respond. We had no luck finding George Gage's old friend from the islands. The first time any hint of these allegations came up in the second trial was away from the eyes and ears of the jury.

You may recall that Prosecutor Estes successfully argued that the trial should only focus on the time that Marion and George lived in California. Any assault allegations in the evidence that referenced their time living in Texas was struck from the record and barred from testimony. That said, Estes was concerned that Marion's Texas allegations would come up during the testimony of a specific defense witness.

After George was arrested, a licensed psychiatrist and physician named Dr. Samuel Miles was appointed by California authorities to examine George. The doctor's official diagnosis was that George was not a pedophile. Dr. Miles also reviewed Marion's unredacted police reports and physical exam, and compared it with her assault allegations, and concluded that there were substantial inconsistencies.

This was extremely damaging to the state's case against George, because this was from an expert that California authorities hired. So George's lawyer was going to call on Dr. Miles to testify as a defense witness, so the jury could hear his conclusions. Knowing this, Estes asked Judge Koppel if he could first question the doctor without the jury being present. That way, they could make sure Dr.

Miles' eventual testimony in front of the jury would not include any of Marion's Texas allegations, because the jury was barred from hearing those.

Miles the jury wasn't present and directed him to answer the question. So Dr. Miles responded,

Judge Koppel responded, She then asked who the three perpetrators were, and Dr. Miles responded that Marion named George Gage, a female named Esterlyn, and a different George. in the reports. Judge Koppel seemed surprised by this, asking, Dr.

Miles responded,

Three people?

Two men and a woman? Yes, answered Dr. Miles. again. This was the first time Judge Koppel heard anything about these additional allegations, and during this exchange, neither Dr.

Miles nor Estes mentioned to the judge that the other two alleged perpetrators were connected to George Gage. Nevertheless, the court transcript shows that Judge Koppel was conflicted on how to proceed. Was this important information that the jury should hear? This is where Estes masterfully imposed his strategy. The prosecutor didn't want this piece of testimony in front of the jury, so he interjected, saying,

Judge Koppel responded,

Dr. Miles responded, But not knowing that these two additional alleged abusers were connected to George Gage, Judge Koppel instructed Dr. Miles to stay away from mentioning anything that had to do with Marion's Texas allegations, so the jury never got to hear that Marion was not just accusing George Gage of molesting her, but she was also accusing two others.

First, he eliminated some of the inconsistencies between Marion's physical examination and her sexual assault claims. And second, he removed an important piece of information suggesting Marion fabricated her entire allegations against George Gage. Think about it. If Marion accused two additional people of molesting her during their time in Texas, and those allegations couldn't be corroborated, Marion would no doubt lose credibility with the jury. But little did Judge Koppel know during the trial that Estes had already attempted to corroborate Marion's claims.

But he failed.

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After George Gage was found guilty, Judge Koppel began hinting that she was going to throw out the jury decision and order a retrial. Estes went into a fury argument with the trial judge, claiming that George Gage was not only molesting Marion from the age of six, but that George was swapping Marion with his best friend. When Judge Koppel stated that Marion's victim impact statement was the first time the court was made aware of these allegations, Estes stated that he tried to corroborate the allegations, sending an investigator named Fletcher to Texas. But the investigator turned up empty-handed. Estes stated, quote,

That was in all the police reports. Fletcher went back to Texas, just as the court pointed out, to do his job on my behalf to flush out some of the other issues that were going on in Texas, and didn't get anywhere with anybody. But the point is, he did do that. We were trying to flush out the issue of child swapping, end quote. The state prosecutor didn't want these allegations in front of the jury, because the fact that they couldn't be corroborated severely damaged Marion's credibility.

Tony Farmani, Georgia's court of appeals lawyer, remembers Marion's child swapping allegations never being conveyed to the jury.

Because it was never, that never happened. That never, absolutely happened, because if it would have happened, you can be sure that there would have been a footnote in the Court of Appeals opinion. There would have been, the judge would have said something about it when she ordered a new trial, because you can bring all that in sentencing. There was nothing in the sentencing memorandum. You know, nothing about it.

No mention at all. Texas would have prosecuted him.

He's like, no, when we went to Palmdale, it's not happening.

But if Estes truly believed George Gage was guilty, how could he allow a monster that would do what he was accusing George of doing out in just a matter of months? That is, unless Estes didn't really think George was guilty. The prosecutor offered him three years, man.

By the time she testified. during the trial, she claimed he never had sex with her more than once a day. Marion also testified that she never saw George Gage's genitals. This is striking, considering that she claimed he'd been molesting her for roughly eight years and raping her almost twice a day. It should also be noted that, by claiming she'd never seen him naked, Marion would never have to describe any of his physical characteristics.

And there were other inconsistencies that stood out.

It would have been impossible for him to be home before 8 a.m. on the days he worked, and likely closer to 8.30.. George's trial lawyer, Andrew Baker, never questioned Marion on this glaring discrepancy. But perhaps one of the most pronounced inconsistencies was found in the one detailed assault that Marion described. Shortly after Wanda and her kids moved into the Palmdale house with George, an alarm system was installed.

Wanda claimed it was George's decision alone to install it. George stated he and his wife Wanda made the decision together. George claimed Wanda was afraid to be home alone in an unfamiliar neighborhood when he worked the graveyard shift. So Wanda suggested buying a gun. George said he didn't want a gun in the house because the kids got into everything.

So they jointly made the decision to install a house alarm. This was significant because the alarm system had a function where it chimed when the entryway door opened. The narrative that Prosecutor Estes constructed was that George made the decision on his own to install a chiming alarm. That way, if someone came home while he was sexually assaulting Marion, the alarm would warn him. But the only detailed assault that Marion described during the trial completely contradicted this theory.

Marion testified that George forced sex on her once while her mom and brother were home. She claimed that he took a shower while her mom and brother were watching the TV sitcom Family Matters downstairs at 7 or 7.30pm. And she said that George gave her a look and she knew exactly what to do. She said she followed George into her mother's bedroom and George raped her on her mother's bed with the bedroom door open and her mother and brother right downstairs in the family room of their small house. In her explanation, Marion said that her 10-year-old brother walked in during the assault with George and her under the covers.

Marion told her brother that they were just playing a game. But Marion's brother never testified to witnessing this incident in the second trial. This description completely contradicted the state's theory about the installation of a home alarm system, which they claimed George installed to warn him if anyone came home while he was raping his stepdaughter. This was the only detailed incident of a sexual assault described by Marion, and it made no sense when aligned with the state's narrative.

Tony Fermani brought this up in the 9th Circuit Court of Appeals.

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We asked him for an interview, but he didn't respond to our request. Dr. Miles was appointed by the California authorities to examine George Gage after his arrest. He also reviewed Merian's physical exam and compared it with her statements about the sexual assaults. With Merian claiming George raped her as often as twice a day and that she bled almost every time, that the abuse started as early as kindergarten, and that there were three molesters in total, the doctor concluded that there was substantial inconsistencies between her claims and the medical examination.

Dr. Miles stated in the course of the trial, quote, It's highly unusual that one would have bleeding so consistently, as described by this young woman, in the presence of no tear in the hymen or rupture of the hymen or disappearance of the hymen. End quote. Dr. Miles found this inconsistent because, after all of this alleged abuse, her hymen appeared basically intact, with no scarring or signs of trauma.

In Dr. Miles' experience, Merian's physical exam did not align with the assaults she described. This doctor was in a unique position. He reviewed Merian's police reports and physical exams before they were redacted. In other words, Dr.

Miles was aware that Merian claimed that the sexual abuse started before she hit puberty, or, in medical terms, before Merian estrogenized. This is crucial, and we'll get to why in just a minute. When Dr. Miles was finally called as a witness, he effectively testified that, due to the nature of the assault and bleeding described by Merian, there would have been signs of abuse on Merian's hymen, but there were none. Because Dr.

Miles was a state-appointed examiner, it made his testimony incredibly damaging to the prosecutor's argument. He wasn't some biased expert witness. He was appointed by the state. To counter his testimony, Estes called to the stand a last-minute medical expert. This ended up being a crucial turning point in the case against George Gage.

The expert's name was Marcia Ware, a local nurse practitioner that examined child sexual abuse victims at a local hospital. She testified that the lack of physical trauma to Merian's hymen did not mean that she wasn't abused. That was because, she argued, at the time Merian claimed to be assaulted, she was estrogenized, which Nurse Ware explained began a phase of a woman's development where the hymen is flexible. During this time of puberty, she argued, if the vagina is penetrated, the hymen was more apt to heal itself. Therefore, in direct contrast to Dr.

Miles' testimony, a doctor, Nurse Ware, wasn't surprised that Merian had an intact hymen with no scarring. The problem was, Nurse Ware didn't know that Merian claimed the abuse started when she was kindergarten-aged, long before her body estrogenized. That information was redacted from the reports the nurse reviewed. The nurse was also unaware of how many people Merian claimed molested her, because that was redacted as well.

Ultimately, she was taking the position that she'd seen hymens in sexual abuse victims that had no signs of abuse. In her eyes, the abuse was possible because the physical exam did not conclusively show that Merian was not sexually abused. She testified that there was almost no scenario that could change her testimony, aside from some vaginal disfigurement. This seemed to surprise both Judge Cox and Nurse Ware. Judge Cople and George's lawyer, who pressed this line of questioning, asking, Nurse Ware, is there any condition that you could think of, based on your training and experience, that would cause you to change your opinion regarding that medical report?

Nurse Ware added another caveat, responding, I think I said if the child had a congenital, non-opening of the hymen. Judge Cople jumped in and pressed further, asking, That would be the only thing? Just those two things? Nothing else? Nurse Ware finally added, quote, Or, if the child was not estrogenized?

And this is the point that we begin to see the brilliant strategic move of Prosecutor Estes. By removing all references to Merian claiming abuse in Texas, Nurse Ware had no idea that Merian claimed the abuse started long before she was estrogenized. The nurse was basing her testimony on incomplete information. If she would have known that Merian was molested long before she had reached puberty, as she stated in cross-examination, that would have changed her testimony to more align with that of Dr. Miles.

But George's attorney couldn't even place this information in front of the jury, because any mention of the Texas molestation allegations would have likely led to a mistrial, as Judge Koppel warned earlier in the trial.

Nurse Ware just didn't know that piece of information.

We think it's fair for us to say at this point that George Gage is innocent of this crime.

There's just no other way to see this case. Every time we tried to pursue something, anything, that showed George Gage was guilty of this crime, we came up not only empty-handed, it's worse than that. We came up with the belief that Merian fabricated these accusations. I spoke to George Gage earlier this week and told him that we were coming to the conclusion that he was innocent of this crime. But something he said to me in an earlier call stuck with me.

As one of our phone calls began to reach the 15-minute time limit, George made a final statement to me.

If you didn't catch that, George said he didn't know whether this story was going to help him or hurt him. I didn't have time to ask what he meant, so in a later call I followed up. When I spoke, it sounded like you were a little concerned about whether this was going to help you or hurt you. Yes, yes. I'm wondering, why are you worried about that?

In what way would it be dangerous for you?

Who?

How did this happen to George Gage? If we're right, why would Merian and Wanda have lied? And why did both Prosecutor Christopher Estes and Kamala Harris withhold such critical evidence? We'll answer all of these questions in the next and final part of our Lie Detector series.

Thanks for listening.

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