'Killer Instinct'

After seven years, Melinda Elkins would soon find out if all of her detective work would finally pay off. 

In the fall of 2005, a lab was testing a pubic hair found at the crime scene to see if the DNA matched her number one suspect: Earl Mann.

Another DNA match of Earl Mann linking him to the crime scene might finally convince prosecutors to free Clarence Elkins.  Attorney Mark Godsey.

Sara James, Dateline correspondent: And what did you find?

Mark Godsey: That came back as a perfect match to Earl Mann.

James: So, do you have any doubt in your mind that Earl Mann murdered Judy Johnson and raped little Brooke?

Godsey: If I were a prosecutor, which I’d used to be, I would have enough evidence to go forward and feel comfortable with it.

Once again, Melinda believed she’d delivered her mother’s killer to prosecutors.

Melinda Elkins: Well, I think that it’s time that they admit that. 

A documentary crew was following Melinda during these fast-moving developments. It was just 10 days before Christmas.  

Melinda prayed her husband would be home in time to open presents with his family for the first time in nearly eight years.

Melinda Elkins: I think this would be the best Christmas present that any of us could ever ask for.

Armed with her latest DNA evidence, Melinda and her legal team prepared for a press conference that day to call for Clarence’s immediate release. 

Then, just minutes before the press conference began, Melinda got the news she’d been waiting for.

After seven and a half years, the prosecutor was dropping all charges against her husband, admitting Clarence was an innocent man.

Ohio state Attorney General Jim Petro commended Melinda on all her detective work. But Melinda had a call to make first.

Melinda Elkins (on documentary film): You ready to come home? Then get your stuff packed, honey, cuz you’re coming home today.

On a snowy December day in 2005, Clarence Elkins, now 42 years old, walked out of prison—free at last.

Clarence Elkins: It’s a beautiful day that the Lord has made. I am very proud of everyone who has stepped forward on my behalf for justice. 

A reunion filled with tears and happiness.

Off-camera question: What do you want for Christmas?

Clarence Elkins: I got what I wanted for Christmas - my life back with my family.

A life back with his two sons and a wife to whom he owed his very liberty.

Clarence Elkins: Melinda is a very courageous and a strong person and she never gave up.

For a family torn asunder, it was a day—and night—of unity and joy.

Clarence Elkins: I know it’s real. That much I do know.

But the celebration was bittersweet. There was outrage that it had taken so long for a catastrophic mistake to be corrected.  

Clarence was furious at the Barberton Police Department and Summit Country Prosecutors. Both refused Dateline’s requests for an interview.

But when prosecutor Sheri Bevan-Walsh dropped the charges against Clarence, she admitted her office had made a mistake, and also identified Earl Mann as the new prime suspect.

Prosecutor (affiliate footage): We are expecting that by the completion of this investigation, that charges will be forthcoming against Earl Mann.

Clarence Elkins: I’m angry at everyone that had a part in arresting me and prosecuting me.  I still am angry, very angry. I put the anger behind me in the back of my head for all those years. But it comes out at times and it’s not easy to deal with.

But Clarence says he feels no anger, only forgiveness and love, towards the person whose testimony convicted him.  After all, that little girl, his niece Brooke, had been a victim herself.

Clarence Elkins: I knew she was making a mistake from the get-go. I  never once held it against her at all.

James: And you don’t today?

Clarence: And I don’t today.

But the now 15-year-old Brooke has had a harder time forgiving herself.

Brooke Sutton: I still feel guilty still, even though they tell me it’s not my fault. 

James: Why do you think you still hold onto that guilt?

Brooke Sutton: Because I put him in there. It was me.

Clarence Elkins: I wish there was something I could do to take away the hurt and pain from her as well as myself and my family.

But in the more than a year since his release, other relationships have been harder to mend.  Clarence had been gone for so long and so much had changed.  Shortly after his release, he and Melinda split up.

Melinda says she put all her energy into saving her husband, and that it came at the cost of saving her marriage.

Melinda Elkins: During the seven and a half years that I fought for this case, I pushed emotions back so far that that feeling of being his wife was gone.

Clarence Elkins: I don’t know where to pick up really. I have a tendency to go back before I was arrested. And just want to be with my sons every day like nothing ever happened.

Melinda says she feels guilty—says it’s hard not to live up to everyone’s expectations of the perfect Hollywood ending.  But she says she’s also trying to heal, as well as to find her way after achieving the almost impossible.

James: What does it feel like to have done that—to have freed someone who is innocent?

Melinda Elkins: I feel proud. But on the other hand, my work isn’t done. So, you know it’s one part of the journey that has ended but it goes on.

Goes on she says because she still needs to honor that vow she made at her mother’s grave so many years ago—to bring the true killer to justice. 

And despite those DNA test results, Earl Mann has not been charged with her mother’s murder.

Melinda Elkins: And I still feel that she’s not at rest because there’s no closure.

James: What’s it going to take for there to be closure?

Melinda Elkins: I want her to know that there is a conviction on the true murderer. And that he will never be able to do this to anyone again. And for the sake of my niece who doesn’t have to look over her shoulder the rest of her life.

The State of Ohio gave Clarence Elkins a million dollars in compensation for his wrongful imprisonment. He recently filed a $10  million dollar lawsuit against local prosecutors and police.

Prosecutors say they are still investigating the case, while Earl Mann remains behind bars until 2009.

Melinda Elkins may also see her story played out on a big screen as she’s sold the rights to her story to a Hollywood studio.

MORE FROM 'KILLER INSTINCT'

'Killer Instinct' Section Front

Housewife-turned-CSI investigator Sara James: This should be a movie Producer Bob Gilmartin on covering the story Motion from the defense to free Elkins (.pdf) Innocence Project letter of support (.pdf) Post-conviction DNA findings (.pdf) 'Killer Instinct' Section Front   Add 'Killer Instinct' headlines to your news reader: