Based in Fact

In Episode 9, State of Texas v. James Garfield Broadnax, Part 2, Lisa and Kyle were joined by Rick Rick Mullenax of the Burn After Reading podcast to wrap up their review of the case against Broadnax, who was convicted of the 2008 robbery and murder of Stephen Swan, who was killed with his friend Matthew Butler in the parking lot of Butler’s recording studio in Garland, Texas. In interviews with local media after his arrest, Broadnax confessed to shooting and killing Stephen and Matthew. In Part 2, we looked at Broadnax’s subsequent state post-conviction claims, including the false claims made by Cummings ahead of Broadnax’s execution on April 30, 2026.

In Episode 8, State of Texas v. James Garfield Broadnax, Lisa and guest co-host Rick Mullenax reviewed the case Broadnax. In 2008, Broadnax shot and killed Matthew Butler and Stephen Swan during a robbery in Garland, TX. Broadnax was convicted and sentenced to death for the murder of Steve Swan in 2009. In Part 1, Lisa and Rick looked at the investigation, trial, direct appeal and Broadnax's state and federal post-conviction claims.

In Episode 7, State of Missouri v. Marcellus Williams, Part 3, Lisa and guest co-host Patrick wrapped up review of the case against Williams and talked about the 2024 efforts of the St. Louis County prosecutor’s office to vacate Williams’ murder conviction and the Prosecutor's opposition to Williams' execution on September 24, 2024. They also talked about the DNA results that were falsely held out to exclude Williams as the perpetrator of Felicia’s murder.

In Memoriam: Carol Jean Stites 12/27/1941-05/12/2026

Welcome to Based in Fact: A True Crime Podcast. We’re your hosts, Lisa O’Brien and Kyle Evans and Rick Mullenax of the Burn After Reading podcast is joining us today for Episode 10, State of Ohio v. Mackenzie F. Shirilla. On July 31, 2022, the volatile 4-year relationship between Mackenzie Shirilla and her boyfriend, Dominic Russo ended when Shirilla drove her 2018 Toyota Camry at 100 mph into a building in Strongsville, OH. Dominic was killed on impact and their friend, Davion Flannagan died at the scene. Shirilla and her parents claimed the crash was a tragic accident caused by a medical condition. Shirilla’s tumultuous relationship with Dominic, their text exchanges, along with her post-accident social media posts led many to question that explanation. After a thorough investigation that ruled out a medical cause and mechanical issues with the vehicle, Shirilla was arrested and eventually tried on multiple criminal counts, including the murders of Dominic and Davion. We’ll look at the investigation, Shirilla’s arrest and the transfer of the case from Juvenile Court. Then we’ll look at her trial and direct appeal and her unsuccessful state post-conviction claims and why the Ohio courts declined to hear them.

In Episode 6, State of Missouri v. Marcellus Williams, Part 2, Lisa and Kyle look at Williams’ federal post-conviction claims and the subsequent state and federal claims, which led to a stay of his execution in August, 2017. The then looked at with the executive order issued by Governor Michael L. Parsons in 2023 that rescinded the 2017 executive order of his predecessor.

In Episode 5, State of Missouri v. Marcellus Williams, Part 1. Lisa and Kyle looked at the 1998 murder of Felicia Gayle, during a burglary committed by Marcellus Williams. In Part 1, they talked about the murder and the investigation that led to Williams’ arrest in 1999. Then they looked at his trial, direct appeal and state post-conviction claims.

In Episode 4, Lisa and Kyle talked about the status of and/or new developments is some of the cases they've covered during Seasons 1-4, including Oklahoma v. Richard Glossip, Oklahoma v. John Fitzgerald Hanson, Texas v. Rodney Reed, Texas v. Robert Roberson, Post-Alford DNA testing in the WM3 case, Arizona v. Jodi Arias, and Florida v. Dalia Dippolito.

Thank you to Brad Hicks for the new cover art. I keep forgetting to thank you when we're on the air. - Lisa

In Episode 3, Lisa and Kyle continued their review of State of Delaware v. Thomas J. Capano, On June 27, 1996, Anne Marie Fahey went to dinner with Thomas J. Capano, a local attorney and the son of a prominent construction and real estate developer in Wilmington, DE. The last time Annie was seen alive was at the restaurant in Philadelphia. In the Fall of 1997, after an 18-month joint state and federal investigation, Gerry Capano admitted that he’d helped his brother dump Annie’s body in the Atlantic Ocean. In Part 2, Lisa and Kyle talked about Capano’s state post-conviction claims that resulted in his death sentence being vacated, his federal habeas claims and his sudden death in prison in 2011.

Thank you to Will Hicks for the new cover art.

Annie's Bench is in Brandywine Park, 1080 N Park Dr, Wilmington, DE 19802. The bench is near Annie's apartment at 1708 Washington, Wilmington, DE 19802.

In Episode 2, State of Delaware v. Thomas J. Capano, Part 1, Lisa and Kyle looked at the case against Thomas Joseph Capano. On June 27, 1996, Anne Marie Fahey, the scheduling secretary for Delware Governor Thomas Carper, went to dinner with Thomas J. Capano, a local attorney and the son of a prominent real estate developer in Wilmington, DE. The last time anyone saw Annie alive was at the restaurant in Philadelphia. After a lengthy joint state and federal investigation, in 1997, Capano’s brother, Gerry, admitted that he’d helped his brother dump Annie’s body in the Atlantic Ocean. In Part 1, Lisa and Kyle talked about the investigation, Capano’s 1998 trial, his conviction on 01/17/1999 and the outcome of his direct appeal.

Based in Fact: A True Crime Podcast is back for Season 5. In Episode 1: The Stories That Ended The Year, Kyle and Lisa discussed U.S. events during their hiatus, including the assassination of Charlie Kirk, the immigration actions and chaos in Minneapolis and the shooting of Renee Good. They also talked about the notable people we lost in 2025. Enjoy!