Terror at the Morgue

19:46I had my portable radio in my back pocket. And they said, we've got somebody down there with a bomb on them.

20:01Seeing him, I mean, it was something out of the movies.

20:04Troy Roberts:Paramedic Kelly Moore is haunted by what she saw the night medical examiner O.C. Smith was attacked. But it's what she didn't see that bothers her the most. Even if a cat scratches you, you're going to see something. There's going to be some blood. There wasn't any that night. There was no blood and no serious injuries, even though Dr. Smith's wrists, ankles, and head had been wrapped in barbed wire. There would have to be some kind of injuries. That's the only thing. It just doesn't add up. And then the bottle with the acid would be over here. And it wasn't adding up for U.S. Attorney Bud Cummins.

20:43Troy Roberts:He was bound in barbed wire, secured to these bars. Could Philip Workman have orchestrated such a strange attack from behind bars on death row? He was interviewed. Investigators looked at any members of his family that might have had an interest in doing something like that. But that trail eventually came up cold. There was no evidence that anybody connected with Workman was motivated to do this or capable of doing it. Workman was eliminated as a suspect. His ankles were crossed down here. As he walked through the crime scene with investigators. And then he's affixed to these bars with a bicycle cable.

21:22Cummins was struck by something else. This is a pretty complex crime. This person is going to have to be out there standing in the middle of the night with all this stuff.

21:33Troy Roberts:Ossie's assailants had to bring along a grocery list of items to carry out his crime. A bottle of lye, barbed wire, a bicycle cable padlocks, and a homemade bomb. On network TV they may rise to that complexity, but in real life crimes usually are not that complex. If they want to harm you, why go through all these steps? Why not just shoot you? You can only speculate because we don't know the mind. To me, it speaks of a mind who sits there and plots and wants to do things and wants to punish. But after an exhaustive 15-month investigation that examined dozens of cases O.C. Smith was involved in, authorities still hadn't come up with a suspect.

22:21They just couldn't find anybody that would have had any interest in doing something like this.

22:25Troy Roberts:At the same time, Dr. Smith's story just wasn't making sense to investigators. They were facing the unthinkable. Was it possible the well-respected medical examiner was actually lying about everything? Had he actually staged the attack himself? They asked Dr. Smith to come in for one more interview. Why do you think he might do this to you? Punishment. For what? Part. Dr. Smith again told the agents he was targeted for his testimony against death row inmate Philip Workman. But with each recounting of the attack, inconsistencies emerged. You wouldn't tie it first. I had a hard time remembering my hands and then my feet.

23:13Troy Roberts:In two earlier written statements, Dr. Smith said his assailant first tied the barbed wire around his ankles and then his wrists. But this time... Do you remember you're tying your hands first or your feet? I think it's my hands first. I'm blind. I got my hands underneath me. He's on top. I can't move. He owns me. Agents didn't buy Dr. Smith's story of being so easily overtaken by his assailant. Because Dr. Smith was well-known to have a second career. He was a combat surgeon with the Navy Reserves. This tough military man even served with the Marines in the Persian Gulf War. Why didn't you resist this guy?

23:58Because machismo gets you killed. You have a choice. You can resist, anger him, suffer the consequences, or you can ride it. His story is just not believable and it can't be.

24:12Troy Roberts:For prosecutor Pat Harris, these pictures raise the greatest suspicions. This is the inside of his hands. There's no cuts here. I think if somebody wraps you with barbed wire, they're going to cut you and you're going to resist and you're going to get hurt. He doesn't look in good shape though. Those are just scratches. I get scratches all the time. Emergency room personnel were surprised at your appearances. They thought that you would have come in in worse shape. I mean, how do you explain that? Well, what you're looking at is the fact that the barbed wire is old, it's rusty, it's dull. So it's going to scratch a little bit, but it's not going to tear skin.

24:52You can see some lye right there.

24:55Troy Roberts:Harris believes Dr. Smith doused his own face with lye, carefully avoiding contact with his eyes. If you notice how clean his eyes are and how they're just white, if it was either splashed on around his face, he was very careful about making sure he didn't get in his eyes. Almost a year and a half after the attack on Dr. Smith, the investigation formally ended. It didn't happen the way he said it happened. With an outcome no one could have predicted. The evidence indicates that Dr. Smith did this to himself.

25:31Troy Roberts:In February 2004, Dr. O.C. Smith, the well-respected medical examiner for the city of Memphis, was indicted for lying to federal agents and illegal possession of a bomb. Did you stage this attack, Doctor? No. What was your reaction when this indictment came down? This is nuts. Your life would change. Bingo. Big time. County Mayor A.C. Wharton reluctantly asked for Dr. Smith's resignation as medical examiner. The point is there are questions. Anything that diverts attention from the matter that's on trial, you need to remove that. The hard part was leaving the people, because there's good people that work there, and hardworking people.

26:23And I just never dreamed it would end like this.

26:30Troy Roberts:His hard-built reputation was in ruins. There was confusion, there was shock, disbelief. An individual that we trusted so dearly working all the homicide cases that we worked with him, and now he has been indicted. Is it really necessary to prosecute him and potentially send him away for 20 years? Obviously the first responders put their lives on the line, and he endangered them, and that was wrong. He drew the attention of a significant amount of precious law enforcement resources over a long period of time in one of the most violent cities in America. Prosecutors offered Dr. Smith a plea deal, no jail time, in exchange for a confession.

27:16If I admit that I've done this to myself, you would offer me some sort of help or something like that, but not criminal charges or anything. But Dr.

27:24Troy Roberts:Smith rejected the offer and hired this prominent attorney, Jerry Easter. It looked like he was weighing his options and some of his questions to the prosecutors. It sounded to me like a man who was trying to get information. I'm never going to quit, and I'm never going to surrender, and I'm never going to sign that piece of paper. Now, the battle lines were formed. Did it strike you as odd when you heard Dr. Smith's account of this attack and how well prepared his attacker was? The whole scenario is odd. However, is it any less odd to assume that O.C. made it up with lie and a barbed wire and a bomb and a bada-bing and a bada-boom?

28:15The truth is my shield and the Lord is my shepherd. How can it get any better than that?

28:21Troy Roberts:But as his trial begins, people with this disorder don't tell the truth, things are about to get a lot worse.

28:35This episode is brought to you by Venmo. With the Venmo debit card, a taco in one hand, and ordering a ride in the other means you're stacking your rewards. Nice. Get up to 5 % cash back with Venmo Stash on your favorite brands when you pay with your Venmo debit card. Pick a bundle with your go-tos and start earning cash back. Do more stash, get more cash. Visit Venmo.com to learn more. Venmo stash bundle terms and exclusions apply. See terms at Venmo.me slash stash terms. Max$100 cash back per month. For years, Gone South has been a podcast about crime in the American South. But for our new season, we're widening the lens.

29:13Through deeply reported narrative-driven stories, We're digging into the myths, scandals, and power structures that still shape the South, and in a lot of ways, the country itself. Follow and listen to Gone South Season 5, an Odyssey podcast, available now on Apple Podcasts, Spotify, or wherever you get your shows.

29:46to know you're doing it right. Well, other than going back to college and obtaining a bachelor's degree in accounting with a minor in finance, then interning somewhere and becoming fluent in all tax forms. But that might be hard to accomplish before tax day. So maybe just stick with Tax Act. Tax Act. Let's get them over with.

30:14We heard again here at the Federal Courthouse today about these mysterious letters. Dr. O.C. Smith was found tied in barbed wire in a crucifix position.

30:23Troy Roberts:Once again, Dr. O.C. Smith is making headlines. He's doing okay. He's doing fine. He's scared. This time, not as the city's top medical sleuth, But as a defendant... This one is one strange deal. All right, my friends, are you ready? Memphis radio talk show host Mike Fleming has been following this story from the very beginning. It's the most unusual story that I've dealt with in my adult professional career. What's so unusual is Dr. Smith is accused of staging his own attack. Why do you think you've been charged with this crime? As one agent told me, I couldn't find the guy who did it, so I think you did.

31:03This is the list.

31:04Troy Roberts:Dr. Smith's defense team, Jim Gartz and Jerry Easter, say the facts tell a different story. To think that on one night, he just went completely nuts, wrapped himself in barbed wire, crucified himself to burglar bars on a basement window, and strapped a motion-sensitive bomb to his neck, that's nuts. Why in the world would anybody do this to themselves? How in the world would anybody do this to themselves?

31:36Troy Roberts:As the trial begins, prosecutors admit they may not have a smoking gun, but they believe their evidence does add up. They know why and how Dr. Smith could have done this. I think anybody can wrap their legs and their face in barbed wire. The question is, can you lock yourself to padlocks on each hand? And the answer is yes. This is how we think he could have done it to himself. Pat Harris demonstrates on a 48 hours producer. We've got the straps around his wrist as if they were the barbed wire. First he'd take the padlock and put it through the right wrist.

32:10Then he'd go ahead and lock himself in with left hand. Then with the padlock on his right wrist, he'd slide it through the bicycle cable. Although it wasn't easy, He was finally able to do it. He takes and he pushes against the steel bars and he locks himself in. And naturally before he's done this, he's already put the bomb around his neck and he put the barbed wire mask around his face. So the last thing he does is he locks himself in here and then he's ready. He just stands here and waits. Why would a respected medical professional like Dr. Smith stage his own abduction? He likes the attention.

32:51That's not enough to be insane or to be found not guilty by reason of a mental defect, but it explains why somebody would do something so bizarre. Suddenly, the police are very interested. There are investigators who are being kind. The story can be told over and over, and everyone's hanging on every word and fascinated by it.

33:12Troy Roberts:To back up their theory for the jury, prosecutors turned to forensic psychiatrist Dr. Park Dietz. Why he would stage this event is to have the benefits of producing this drama. Faking an event for attention is a recognized mental condition called factitious disorder. The most common form is Munchausen syndrome, when a person actually makes himself sick. Some people have the psychological need for sympathy, attention, nurturance that being a patient provides. My name is Tawana Brawley. I'm not a liar and I'm not crazy. One example that's very prominent is the Tawana Brawley case. It is a tale of horror.

33:53Troy Roberts:Ordeal of terror. Tawana Brawley accused six white men in upstate New York of kidnapping, rape and racism. Don't shut up. He told you to shut up. He's a cop. But after months of a massive investigation, a grand jury concluded Brawley's accusations were a hoax. She faked her own attack. The benefits are psychological and usually are designed to solve some very unique individual secret problem. Do you suffer from factitious disorder? Certainly not. Have you ever been examined by a psychiatrist? No. But prosecutors insist he has a history of lying. There was quite a pattern of telling stories for dramatic effect.

34:41Troy Roberts:Although the defense refused to give Dr. Dietz permission to examine O.C. Smith, Dr. Dietz did examine the prosecution's evidence. One story that he told a number of people was that he had been in Africa and his family was massacred. Well, there was no truth to any of that. How did he suffer these injuries? I think he's told people that he suffered them through either being shot or being stabbed in some type of covert military operation that he conducted. If you look at his military records, it never shows he's ever injured. Prosecutors say if he can tell tall tales about his military missions, then it's not much of a leap to believe he lied about the attack.

35:22O.C. Smith had an unblemished military record.

35:25Troy Roberts:The defense dismissed the factitious disorder theory as nonsense. I mean, if you're gonna lie a little, why not lie a lot? Why not say, no, it wasn't one guy. Lord, there was four of them. And one had a gun and two had a knife and they wore me out. I fought them tooth and nail. Lord, it was a fight. But they finally got me. Why not say that? Doc Smith, my name's Pat Harris. I'm an assistant U.S. attorney. But prosecutors say there's one other key issue. When they were interrogating Dr. Smith, he didn't act like an innocent man. He was too calm. When you do all this stuff and you tell the story, it's tough to stop the ball from rolling.

36:05I just don't see this. It's anybody but you. He told the story. I told him I didn't believe it. I told him I thought he did it to himself. He needed to tell the truth. Give me the chance to tell me what really happened. And if I say something like that, what happens next? He didn't react or make statements consistent with someone who was being accused of a significant crime. It wasn't hostility. It wasn't great denial. It wasn't loud.

36:34Troy Roberts:For four hours, Dr. Smith voluntarily sat there and talked to agents even after he was read his rights. Why would he do something like that? He talked to them under the mistaken belief that they just don't understand. Let me explain it to you. Your science is wrong. Let me explain. Some people looking at this may see that this is more evidence of a man who suffers from factitious disorder, that he enjoys the attention. What kind of attention do you get? He's in a room with two cops and a prosecutor. What kind of attention is that for Christ's sake? There wasn't any news media there. If convicted, Dr.

37:15Troy Roberts:Smith could face up to 20 years in prison. For his wife, Marge, it's all too unreal to comprehend. Are you afraid of the potential outcome? I know the truth and I just believe that he will be found innocent. I believe that. Now, a jury must decide if Dr. Smith's attacker is sitting right in front of them, or if he's still out there.

38:12We'll be right back.

38:22A jury started deliberating around 9.30 this morning.

38:26Troy Roberts:After three weeks of testimony by nearly 60 witnesses, a jury is deliberating the case of Dr. O.C. Smith. It was something that was so far out of the norm. Crystal Rice Johnson, a manager at FedEx, is the foreperson. You felt like you were in a dream world because it was just so bizarre. For the first time, Dr. Smith admits he's worried. When I listened to the closing arguments of the prosecution, I'd have voted myself guilty. This is it. You know, Mrs. Smith's little boy is going to go to jail. But inside that jury room, a heated debate is raging. JURORER DONNA MULIN IS LEANING TOWARD ACQUITTAL, STEVE MATTHEWS TO GUILTY.

39:14Troy Roberts:REACHING A UNANIMOUS VERDICT WAS NOT GOING TO BE EASY BECAUSE IT WAS SUCH A COMPLEX CASE. IF YOU WERE GOING TO DO THIS TO YOURSELF AND MAKE IT CREDIBLE, WOULD YOU HAVE ALL THOSE ELEMENTS? HE WOULD HAVE MADE IT A LITTLE SIMPLER AND A LITTLE MORE BELIEVABLE. YEAH, IT WAS OVERKILL. BUT I THINK THAT OVERKILL POINTS TO DR. SMITH. WHERE'S THE PROOF ABOUT THIS? It's all speculation. It's all suggestion. As they wait on the jury's decision, defense attorneys Jerry Easter and Jim Gartz If you can get one good point out of their witness, then that's great. Could only hope they created enough reasonable doubt that O.C.

39:54Troy Roberts:Smith had injured himself. How do you explain the absence of burn right around the eyes? It's almost like he's wearing goggles here. He's got his head bowed. The guy throws the stuff on him. It comes in contact with the top of his head and the right side of his face. His eyebrows basically protect everything from the eyebrows down to here. Those eyes gave us some trouble. We had an argument for a period of time over the eyes. I'm not a doctor, so who am I to say how red his eyes should have been? But the jurors are unable to agree on several issues. Just four hours after deliberations begin, they are already hopelessly deadlocked.

40:41Troy Roberts:But the judge orders them to continue deliberating. The jury was under a great deal of stress. They weren't happy. They weren't making eye contact with anybody other than the judge. The jury tries for two more days. Finally, on that third day... The jury told the judge it could not reach a verdict. Around 2 o 'clock this afternoon, they finally gave up. The judge has no choice but to declare a mistrial. An unusual end to an unusual case. Dr. Smith is free for now, but he still faces the possibility of a retrial. And you're prepared to go through this again? Absolutely. When you're going through hell, keep on going.

41:31Troy Roberts:Only three of the 12 jurors had voted guilty, including Matthews. How did they know he wouldn't fight back? There's too many coincidences that, to me, leads back to Dr. Smith. The others felt they could not convict without a smoking gun. And they were even angry that the prosecution had presented a case without one. It was a waste of time and taxpayers' money. And as for O.C. Smith's alleged motive, factitious disorder, and the testimony of Dr. Park Dietz. The benefits are psychological. Dr. Dietz never even spoke to Dr. Smith, never examined him. There was no evidence there that Dr. Smith had that disorder at all.

42:10Troy Roberts:After the trial, prosecutors met with the jurors and got an earful. I'm surprised this even went from the grand jury to a trial. I'm shocked. U.S. Attorney Bud Cummins realized it would be just as tough to convince another jury, so he reluctantly drops all the charges against Dr. Smith. Though disappointed, he says he has no regrets. Nothing that happened in trial did anything to undercut my belief or my satisfaction that he, in fact, did this to himself. But we still have an obligation to prove that beyond a reasonable doubt to 12 citizens, and we weren't able to do that. But the prosecution team still manages some parting shots.

42:54The experts have told us that they believe he has factitious disorder, and the only way you can resolve this problem is to get psychiatric help. If it's true, then he obviously could continue to be a danger both to himself and those people around him. For him to state that outside of the courtroom, that's a defamatory comment. One cheap shot, that's fine. Two cheap shots, and we have a problem.

43:18Troy Roberts:While this trial is now behind him, it's clear Dr. Smith faces another uphill battle. Do you think you'll get your reputation back? My reputation belongs in the minds of others. All I can do is live my life well and hope for the best on that. Are the police still looking for your assailant? Oh, I doubt it. So he's still out there. You bet. But Memphis police aren't looking for that man. And the U.S. attorney says this case is closed. If he did it to himself, then it's just a matter of time before something else comes up. So just wait and watch.

44:11Dr. O.C. Smith died in 2019.

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