Accused

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Accused Page 24

by Brittany Ducker


  Dr. Phil asked Cassi and Josh to submit to a lie detector test. Initially, both agreed to undergo the test. However, after pondering the opportunity off camera, Josh changed his mind. Lie detector tests can be unreliable and for that reason they are inadmissible in court. False positives can occur and the general public is not necessarily aware of their potential unreliability.

  Joshua Young had spent two years incarcerated for a crime he maintains he did not commit. It is not surprising that he decided not to take the lie detector test, especially when his cooperation in the past had brought him nothing but trouble.

  However, Cassi did submit to the test. She was asked whether Joshua woke her up on the night of Trey’s death and whether she took him to dispose of bloody clothes and a murder weapon as she had testified during Josh’s trial. She stated that she had but the results showed “deception.”

  Although Terry Zwicker did not receive the answers to his ultimate questions regarding his son’s death, it appears that he did find some comfort. He later remarked that his main objective in participating in the show was to stand up for his son and speak for Trey. He certainly did that. It is obvious that Terry is an amazing father who would do anything for his children and it is heartbreaking that he has had to face such a tragedy. I admire his love for his son and I hope with all my heart that he is able to find peace.

  There will always be people who believe that Josh had some type of involvement in the death of Trey. No matter what he does or how hard he tries to prove his innocence, some people’s minds are never going to change. I think that he is finally coming to that realization and understands that all he can do is to try his best to live his life and give back to society. The best way to prove people wrong is by living your life the right way, day after day. Joshua has stated that he might want to become a social worker so that he can help other kids, former foster kids like himself, navigate the system. He wants to ensure that no other children fall through the cracks like he did, which is a valiant goal.

  In the aftermath of the trial, Josh has attempted to distance himself from his father. Gouker does not know where to find him and Josh appears to want to keep it that way. He still struggles with the fact that his father would implicate him the way he did. He stole two years of Josh’s life that the boy can never get back and Josh doesn’t understand why his father would do that to him. Little Josh is still shocked at the way Gouker was able to manipulate witnesses in the trial against his own son.

  As I drafted this book, I attempted to contact Joshua Gouker. I mailed a letter to him at the Kentucky State Penitentiary and did not hear back for quite some time. Eventually I received a letter at my office, addressed to me from Gouker; enclosed with it was a sealed envelope addressed to Josh Young. In the letter, Gouker insisted, “Not only is there zero chance I could’ve killed Trey, but I’ve got an alibi that can’t be counterfeited or manipulated. I’ve had it hidden this whole time so I could save my son. Why he’s going along with this story—I don’t know, but I believe it had to do with image/book deal/fame/acceptance of others/and shit like that. Josh can’t be punished again, so the truth is about to come out.”

  He went on to offer to take a polygraph test and to speak with me as long as I gave the enclosed letter to Josh.

  Josh Gouker sent me the letter shortly after he had filed a motion to set aside his guilty plea in Trey Zwicker’s murder case. In that motion, he claimed that his attorneys were ineffective as his counsel and that, as a result, his plea should not be honored. He asked Judge Barry Willett to set aside his guilty plea and release him from custody. When I received the letter, Judge Willett had recently given the Commonwealth an extension of time to file its response to the motion and the matter was set for a hearing on May 15, 2014. Gouker filed his motion pro se, meaning without an attorney. However, he also filed a motion asking the court to appoint an attorney from the Louisville Metro Public Defender’s Office to represent him. The motion to set aside his guilty plea was denied by Judge Barry Willett but Gouker appealed that decision. The appeal is pending.

  Gouker appears to believe that if his son would make the statement that he was involved in Trey’s murder and that Gouker was not, that the motion will be granted. In that case Gouker would be released from prison and would not have to serve his life sentence.

  Josh Young maintains his innocence. I believe Gouker is doing what he does best, attempting to manipulate his son into taking the blame for Gouker’s own actions. After speaking with local media and the Dr. Phil show, Gouker then attempted to reach out to me, a total stranger, in an attempt to manipulate me into third-party contact with his son. His son will not speak to him, so he has tried to convince me to influence Josh into communicating with him by telling me that he will speak with me if and only if I ensure that certain things occur: “I will agree to talk to you but before you write me again I want you to give my son a letter for me and I want a response.” The message was clear: Gouker would only cooperate with me if I gave him what he wanted first.

  As I read that letter, I felt strongly that this was the way he had manipulated every person involved in the case. Things had to be done his way, with specific stipulations. Jahaira Friend, Angelic Burkhead and Cassi Gouker, the three women who testified against Little Josh, all did so at the behest of Big Josh. Even from behind bars, it continues. Gouker is used to convincing people to do his bidding and, more often than not, he preys on those weaker than him who fall victim to his exploitation all too easily.

  Eventually I spoke with Josh Gouker via telephone. The conversation occurred just weeks after I received his letter. He called me from the Kentucky State Penitentiary. Gouker was jovial and friendly and I could see why an unsuspecting person would like him. His innate ability to read people was astounding and he was very adept at telling me exactly what he thought I wanted to hear. He told me that he believed I should delay the completion of my book, because things were going to change in the upcoming months. He claimed that forensics don’t lie and that the prosecutors did not realize that they had the key piece of evidence that would set him free. He claimed that the cell phone SD card listed on page 1505 of his trial discovery held the amateur porn video he and Amanda made during the exact window of time that forensics determined Trey had died. He also claimed that he knew of evidence of the weapon that was used in the murder, namely the recovery of a lead pipe found at the scene. He felt this evidence could exonerate him and claims that he expressly forbade his original attorney from investigating the issue of the pipe further.

  He further argued that he had received letters from his attorney in which the attorney acknowledged that Gouker told him that he would do whatever needed to be done to spare his son from prosecution. He revealed that he spent hours upon hours in his jail cell memorizing trial documents and preparing for his performance on the stand during his son’s trial. He alleged that the entirety of his testimony was concocted to free his child and that he was not even present at Trey’s murder.

  Gouker claimed that he would do anything for his son. He spoke about Amanda and how she understandably hates him. He expressed that he wanted a relationship with his son and told me that his son is the master manipulator. As we spoke, Gouker mentioned the Walshes, stating they were “good people.” However, he claimed that they were gullible and that Little Josh had them wrapped around his finger.

  Debbie Walsh, Josh’s foster mother, is a seasoned professional who deals with children every day. She lived with Little Josh for quite some time and she saw firsthand his day-to-day routine. I trust her assessment of Little Josh and his character much more readily than I trust Gouker’s. Over his lifetime, Little Josh has probably spent more quality time with his foster family than with his own father. Presently, Gouker wants to get out of prison, so I feel he is making Little Josh his scapegoat once again. According to Gouker, the story is nowhere near complete and the “real” story is much more enthralling that anything revealed thus far.

  Shortly after I received his
letter and spoke with Gouker on the telephone, I visited Josh Young and his girlfriend at their apartment. I felt honored that they trusted me enough to invite me into their home, especially when they were hesitant to tell anyone where they were living for fear of harassment. As they took me on a tour, I could not help but notice how excited they both were. Finding that first home of one’s own is an exciting event for anyone, but I was especially touched by their enthusiasm. Joshua showed me the food they purchased and the way they had stocked their refrigerator and cabinets with it. He showed me their well-organized closets and their decorations. They obviously put great thought and care into their home and I was excited for them.

  For a period of a few weeks, Josh had performed some odd jobs at my office. Sadly, after this last interview and after my contact with Joshua ceased, he was rearrested on new charges. He was accused of a domestic incident with his girlfriend and he was also charged with striking Cassi’s boyfriend. He is currently awaiting resolution of those issues.

  It’s not unusual for young men and women who have been abused in childhood to commit domestic abuse acts as adults and that is why it is so crucial that they get counseling help.

  Acknowledgments

  There are so many people who contributed to the creation of this book and I would like to thank them all. I would first like to thank Darren for being the best thing in my life. I am so proud of everything you do and I cannot imagine what my life would be like without you. I would do anything for you and you make me strive to be a better person every single day. You are the best thing that ever happened to me.

  I would also like to thank John Cook for his amazing ability to bring out the best in me and for supporting me as I worked to draft this manuscript. Without your support, this book would not exist. Thank you for sticking by me and allowing me to research and write about this fascinating story.

  My friends and family have helped me with countless critiques of this work. Thank you all so much for taking the time and effort to help me make this book better with each rewrite. Thank you to Janice Woods for helping with clerical matters relating to my initial draft of the book.

  I would like to thank my agent, Dr. James Schiavone, and my publisher, Dr. Joan Dunphy and everyone at NHP. Thank you for understanding that this was a story that needed to be told and for helping to give me the voice to tell it. You have assisted me more than I could possibly describe.

  I also want to thank all those who contributed to the book through interviews and insights.

  This was a story that haunted me well before I decided to write about it. There are no winners in this story and I never want to lose sight of the real victim in this convoluted tale, Trey Zwicker. I can only imagine the pain felt every day by his parents, family members and friends. I pray for them all every day.

  I am sickened to think that a child was placed in the custody of Josh Gouker and then left there with no one to turn to. There are so many children lost within the child welfare system every day, children who have a monster living under their very own roof. This book is dedicated to those children.

  Endnotes

  PROLOGUE

  1.Commonwealth v. Joshua Young, Jefferson Circuit Court 12-CR-2258-002 (2013).

  CHAPTER 1

  1.Zwicker, Terrence, Commonwealth of Kentucky v. Joshua Young, 12-CR-2258-002, Trial Testimony, July 31, 2013.

  2.Zwicker, Terrence, Interview with Detective Scott Russ. Police Investigation Interview. Louisville, KY, May 11, 2011.

  3.Ibid.

  4.Ibid.

  5.Ibid.

  6.Campbell-Gouker, Amanda. Interview with Detective Leigh Maroni. Police Investigation Interview. Louisville, KY, May 11, 2011.

  7.Gouker, Joshua. Interview with Detective Leigh Maroni. Police Investigation Interview. Louisville, KY, May 11, 2011.

  8.Young, Joshua. Interview with Detective Leigh Maroni. Police Investigation Interview. Louisville, KY, May 11, 2011.

  CHAPTER 2

  1.Commonwealth v. Joshua Young, Jefferson Circuit Court 12-CR-2258-002 (2013).

  2.Zwicker, Terrence, Interview with Detective Scott Russ. Police Investigation Interview. Louisville, KY, May 11, 2011.

  3.Commonwealth v. Joshua Young, Jefferson Circuit Court 12-CR-2258-002 (2013).

  4.Ibid.

  5.Victim impact statements from Trey’s stepmother and maternal uncle.

  CHAPTER 3

  1.Gouker, Joshua. Psychiatric Interview with Dr. Michael Cecil. Louisville Neuropsychology, Louisville, KY May 31, 2013.

  2.Scott, Shirley Lynn, “What Makes Serial Killers Tick,” Crime Library: Criminal Minds and Methods, http://www.crimelibrary.com/serial_killers/notorious/tick/5b.html.

  3.Gouker, Joshua. Psychiatric Interview with Dr. Michael Cecil. Louisville Neuropsychology, Louisville, KY May 31, 2013.

  4.Commonwealth v. Joshua Gouker, Jefferson County District Court Case 01-M-018259, (2001).

  5.Commonwealth v. Joshua Gouker, Jefferson County Circuit Court Case 02-CR-931, (2002).

  6.Ibid.

  7.KY. Rev. St. 508.025 (2005).

  8.Commonwealth v. Joshua Gouker, Jefferson County District Court Case 02-F-011711, (2002).

  9.Ibid.

  10.Ibid.

  11.Commonwealth v. Joshua Gouker, Jefferson County Circuit Court Case 03-CR-231, (2001).

  12.Gouker, Joshua. Interview with Janelle McDonald. Wave 3 News, June 13, 2013.

  13.Gouker, Joshua, original rap lyrics, (2002-2010), turned over to defense by Ruby Jessie.

  14.Commonwealth v. Ruby Jessie, Muhlenburg County District Court Case 07-F-313, (2007).

  15.Weis, Jaimie. “Inmates Come Forward with Possible Motive for Murder of Fourteen-Year Old,” WAVE 3.com, http://www.wave3.com/story/19132947/inmates-come-forward-about-possible-motive-in-murder-of-14-year-old.

  CHAPTER 4

  1.Author interview with Joshua Young, January 12, 2014, January 30, 2014, March 11, 2014.

  2.Ibid.

  3.Ibid.

  4.Commonwealth v. Young, Angelina, Jefferson County Circuit Court Case 03-CR-724, (2003).

  5.Commonwealth v. Young, Angelina, Bullitt County District Court Case 05-F-423, (2005).

  6.Author interview with Joshua Young, January 12, 2014, January 30, 2014, March 11, 2014.

  7.Ibid.

  8.Ibid.

  9.Ibid.

  CHAPTER 5

  1.Commonwealth v. Joshua Young, Jefferson Circuit Court 12-CR-2258-002 (2013).

  2.Ibid.

  3.Author interview with Joshua Young, January 12, 2014, January 30, 2014, March 11, 2014.

  4.Ibid.

  5.Commonwealth v. Joshua Young, Jefferson Circuit Court 12-CR-2258-002 (2013).

  6.Ibid.

  7.Ibid.

  8.Ibid.

  9.Gouker-Campbell, Amanda. Interview with Detectives Scott Russ and Roy Stalvey. Police Investigation Interview. Louisville, KY, May 19, 2011.

  10.Ibid.

  11.Commonwealth v. Joshua Young, Jefferson Circuit Court 12-CR-2258-002 (2013).

  12.Ibid.

  13.Ibid.

  14.Author interview with Joshua Young, January 12, 2014, January 30, 2014, March 11, 2014.

  15.National Coalition for Child Protection Reform, http://nccpr.info/the-nccpr-quick-read/.

  16.Author interview with Joshua Young, January 12, 2014, January 30, 2014, March 11, 2014.

  17.Commonwealth v. Joshua Young, Jefferson Circuit Court 12-CR-2258-002 (2013).

  18.Ibid.

  19.Ibid.

  20.Ibid.

  21.Ibid.

  CHAPTER 6

  1.Gouker-Campbell, Amanda. Interview with Detectives Scott Russ and Roy Stalvey. Police Investigation Interview. Louisville, KY, May 19, 2011.

  2.Ibid.

  3.Ibid.

  4.Ibid.

  5.Ibid.

  6.Ibid.

  7.Amanda Campbell v. Joshua Gouker, Jefferson County District Court Case 11-D-501407-001, (2011).

  8.Commonwealth v. Joshua Gouker, Bullitt County District
Court Case 11-M-1559, (2011).

  CHAPTER 7

  1.Young, Joshua. Interview with Detective Scott Russ. Police Investigation Interview. Louisville, KY, June 11, 2011.

  2.Ibid.

  3.Ibid.

  4.Ibid.

  5.Ibid.

  CHAPTER 8

  1.Commonwealth v. Joshua Young, Jefferson Circuit Court 12-CR-2258-002 (2013).

  2.Author interview with Joshua Young, January 12, 2014, January 30, 2014, March 11, 2014.

  3.Commonwealth v. Joshua Young, Jefferson Circuit Court 12-CR-2258-002 (2013).

  4.Ibid.

  5.Ibid.

  6.Ibid.

  7.Ibid.

  8.Ibid.

  9.Ibid.

  10.Ibid.

  11.Ibid.

  12.Ibid.

  13.Ibid.

  14.Ibid.

  CHAPTER 9

  1.Author interview with Joshua Young, January 12, 2014, January 30, 2014, March 11, 2014.

  2.Young, Joshua. Interview with Detective Scott Russ. Police Investigation Interview. Louisville, KY, June 21, 2011.

  3.Ibid.

  4.Ibid.

  5.Ibid.

  6.Ibid.

  7.Ibid.

  8.Author interview with Joshua Young, January 12, 2014, January 30, 2014, March 11, 2014.

  9.Gouker, Joshua. Interview with Detectives Scott Russ and Roy Stalvey. Police Investigation Phone Interview. Louisville, KY, June 21, 2011.

  10.Ibid.

  CHAPTER 10

 

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