Killer instinct

Sara James Correspondent • Profile

Ten years ago, Melinda Elkins would happily have described herself as a stay at home mom, a housewife, and proud of it. But on June 7th, 1998, everything changed for her. 

What happened is the story of how a terrible tragedy would transform an ordinary woman into a would-be C.S.I. investigator.  She would embark upon a dangerous mission in which she took on police and prosecutors - a mission that would tear her family apart and leave her broke during her relentless quest for justice.

On that night, ten years ago, she hadn't slept well.  She was caring for a sick child and waiting for her husband, Clarence, to come home.  He'd been out drinking. A few hours after he got home, early the next morning, she was awakened again by a commotion outside.

It was the police - more than a dozen of them - swarming all over the property. One deputy started questioning Melinda.

Melinda Elkins: He kept asking me questions of who I was, what my mother's name was, and you know, I'm screaming at him to tell me what is going on. And I said, is she okay?  And he said, “No ma'am, she's been murdered.”

Sara James: This is your mom?

Melinda Elkins: Yeah. (crying)

Melinda learned her mother, 58-year old Judy Johnson, had been savagely strangled and beaten so badly her nose, jaw, collarbone and skull were all broken. Then she'd been raped. What's more, that night Melinda’s mother had been baby-sitting Melinda’s little niece, Brooke.  The six-year old was asleep in bed when she awoke to the sound of murder.

Two years ago, at age 15, Melinda’s niece recalled that awful night.

Brooke: I like got out of bed and I went to the kitchen and I looked and I seen that there was a guy in the kitchen, but it scared me, so I ran back to the bedroom. I just remember like when I went back to the room - like he came in there and then I just remember like I blacked out and then - that's it.

Brooke was horribly beaten, raped and left for dead.  Miraculously, she regained consciousness the next morning, and was able to find the phone and call a neighbor for help.

Answering machine call:

Brooke:  "I'm sorry to tell you this, but my grandma died and I need somebody to get my mom for me. I'm all alone. Somebody killed my grandma.  Now please, would you get a hold of me as soon as you can.  Bye."

When the six-year old couldn't reach anyone on the phone, she ran to a neighbor's house.  The neighbor, Tonia Braisel, asked Brooke to wait on the front porch while she dressed her three children so she could take Brooke home.

When Brooke arrived home about 45 minutes later, her mom -- Melinda's only sister, April Sutton -- could hardly recognize her.

The victim, Brooke Sutton, recants her previous testimony (.pdf) Post-conviction DNA findings (.pdf)

April Sutton: She was covered from head to toe in blood and she was trying to tell me that something was wrong with my mother.

Sara James: When you saw her, you must have been terrified.

April Sutton:  She had told me that they had been attacked and that my mother was stabbed laying in front of the couch dead.

Brooke's father ran to the house, found Brooke’s grandmother, and called police.

9-1-1 call: 

Brooke's father:  My mother-in-law has been stabbed.  My little girl spent the night here and the neighbor just brought her home and said that my mother-in-law was laying on the floor dead.   And I come up here and she's laying here on the floor.  Oh my god.

911 operator:  What's that?

Brooke's father:  She's dead.

Who could have done it?

As it turned out, Brooke told her mother she could identify the killer ... And he was no stranger.

Brooke: I told her that it looked like my uncle Clarence.

Her uncle Clarence - Melinda’s husband.   

Within the course of a few dizzying minutes, Melinda would learn that her mother had been murdered... and would watch helplessly as her husband, Clarence, was arrested and charged with the crime.

Sara James: Your niece, who knew your husband well, was saying that he was the person who attacked her?

Melinda Elkins: Yes. Those were her first words, that it looked like Uncle Clarence.

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