Woman accused of murder after her husband is found dying at the foot of the stairs | "48 Hours" | Forensic Files

I was at the New Haven Police Department when I heard our dispatch shaking a call
from a frantic caller. 911, what's the address? Is there an emergency? My husband fell down the
stairs. There's blood everywhere. I can't wake him up. I immediately got in my car,
alerted Officer Shane Brooke. We activated our lights and sirens and proceeded to the scene.
It was a little after 4:00 in the morning. He's not responding. Okay, I'm going to have help on the way to you.
They'll be there in just a few minutes, okay? As we approached the house, Is he breathing? I see who I later found
to be Allison Davis out in the front yard waving me down. I'm sorry. I'm like in pajamas. I'm not appropriate. I was
so You're fine. I asked where the victim was. Is he there? She directed me in through the kitchen.
By the front door, I could see a male laying face down with a large pool of blood around his head.
What's his name? Kevin Davis. Did Allison attempt to talk to Kevin? No, sir, not that I ever saw.
Kevin, can you hear us? Kevin. Just stay here, Kevin. Ma'am, is there anybody else in the house just so we're
aware? Just my dog. Okay, when did you when did you find him? Like Just now. I woke up. I
Yeah, I was sleeping and I was sleeping on the couch. He was sleeping upstairs and all night I woke
up to a loud bang and I was like, "What is that?" This just doesn't look like a fall to
me. No. After I got the prognosis from the paramedics, Eight medics confirm C-minus. I went up and let her know that
he is extremely critical. Right now we're treating this as a crime scene due to his condition, okay?
I informed her that at this point she cannot go back into the house. Like why is it being treated as a crime scene?
Just due to his condition, okay? He he's critical right now. All right. So The crime scene part
really surprised her. She doesn't have a normal reaction for me telling her her husband's critical, right? I think she's
still in shock. You think so? Okay. I had Detective Krueger paged out. I get the call. It's about 5:00 in the
morning. So I get dressed, show up on scene. Allison standing outside, relatively
very calm. You said that you guys were at East Haven last night. She says they're out drinking at East Haven
Tavern. We got home. We had some more beers. And then we were drinking. And she said that she had slept on the
couch. And then I woke up to a loud noise and when I came over, I saw him face down. She said he had
fallen down the stairs and there was blood everywhere. I asked her if I could search the home. She said that she
wanted to cooperate, signed my consent to search paper, and I go into the home. I verify
there's a blanket and a pillow on the couch, the TV's on, someone was just sleeping there.
>> [music] >> Checks out. Um she said that they had a couple of beers when they got home.
There's beer cans lined up. Everything seemed to be normal. My alarm had just gone off for work and
I get a phone call from Allison. My name is Casey Clem [music] and Allison Davis is my best friend.
There was an accident and Kevin had fallen and he was on his way to the hospital.
I said, "See him where? I'm on my way." She like just fell apart in my arms and just started [music] hysterically
crying. They had pronounced him brain dead. When I was sitting next to Allison at
the hospital, Detective Krueger called. >> He says that the scene is released. You
can return home, get clothes, whatever you need to do. And he suggested that we have someone come clean this up [music]
and that there was a lot of blood. In hindsight, I would have held the scene for longer.
After autopsy, that's when it started to change. This is no accident. She didn't do this.
She never would have done this. It's a homicide. Did Allison Davis murder her husband,
Kevin? >> [music] [music] [music] >> August 12th, 2023, New Haven, Indiana. Shortly before morning broke in the home
he rented with his wife, Allison, at the base of a steep stairway, Kevin Davis's blood seeped onto the
floor. Where's that blood coming from? Face, I think it's his nose. The amount of blood was it was alarming.
It was it was everywhere. Allison had already given Detective James Krueger permission to search the
house. If you do agree to that, I need you to sign there saying that you understand that you But she warned them
about the bedroom where their pit bull, Willow, would sometimes growl at strangers who approached. She's up in
the bedroom and she's a guard dog. Okay. And I don't know if she'd do anything and I don't want anything to Right now
what I won't do is I won't go in that room. >> Okay. He he's critical right now. Kevin had
been rushed to Parkview Regional Medical Center. After speaking with first responders and
breaking the tragic news to her loved ones, Allison also headed to Parkview. So you go to the hospital? Yes. Steve
Kraus watched his daughter try to will Kevin back to consciousness. [music] Their favorite phrase for one another
was babe and Allison's up there, "Hey babe, you're going to be okay. Hey babe, you know, I'm here with you. Hey babe, I
love you." She had like blood on her fingernail cuticles and on her phone. I could tell
how she had been crying, but she kind of just looked like in shock. Her best friend, Casey Clem.
They had her in like a little small waiting room with a chaplain and I was trying to calm her down to ask
questions, you know, like what was going on. Back at the house, Detective Krueger
[music] lifted restrictions and cleared the bloody scene. It was horrific, but at this point he
believed it was an accident. Maybe he took a head plant down the stairs. I don't know. I wasn't there.
The detective said, "I think we're done here." Allison stayed at the hospital, but back home, all that blood needed to
be cleaned up. You don't think about that, right? Like who cleans it up? I said, "Well, I will go do it."
You had permission to do this. Correct? Permission from the lead detective in this case. Correct? How upsetting was
this process of cleaning? Well, it's very upsetting. >> [music] >> Sometimes I'd get become overwhelmed and need to
gather myself >> [music] >> um to finish um what I'd come to do. Including tending
to Willow who had been left upstairs in their bedroom with the door closed. Allison was concerned that his dog
hadn't been left out. They had no children, so the dog was like a child. Throughout that frantic morning, Allison
and her family quietly prayed. I'm praying Kevin just, you know, wake up. You know, wake up. You look like you're
sleeping. Just wake up. Kevin and Allison were part of a tight group of friends who were regulars at
the East Haven Tavern where Jody Espy and Jessica Eckwright take care of the crowd. Our customers become our family
around here. The news that Kevin was in critical condition hit hard. Everybody was just talking like, "Oh my gosh, that
he was just here. That's so sad." Kevin and Allison had been at the tavern just hours earlier.
>> It would hard not to be a friend of Allison's because she just made everybody feel like you mattered.
Kevin, a skilled landscaper, had a big personality that matched his big heart. Kevin Davis was uh
just nice guy, always hard working, ready to help anybody out at any time. Close friends, Todd Speiser and Jason
Young, scrambled [music] to see Kevin. We all met at the hospital. >> Yeah. We talked to Allison and her
parents. She had been crying, but she was holding back. >> She she was a mess. She was devastated.
>> Yes. The scene [music] was overwhelming. Yeah, he he's uh brain dead. There's
nothing left in there. But just a few hours earlier, he was sitting right over here, right?
>> Correct. Do you say anything to Kevin? Oh, yeah. I told him I was like, uh "Feel really bad about this and it
shouldn't have happened and wish you were still here." And And did you have a chance to say goodbye to your friend?
Yeah, I said goodbye there. >> [music] >> Yep. There Yeah, then they were talking about
you know, donating his organs and stuff. I was like I was like, "Wow." He was an organ donor. Yes. Yes. She was
very proud of him for that, too. His life support would be disconnected. Soon, 40-year-old Kevin Davis was gone.
At 33, Allison was a widow. They were just happy type of couple that would dance in the kitchen to music
together, just the two of them. Like, that's just who they were. They were great together.
It shook their friend, Deonte Bristol. I was just holding back tears because we were just hanging out. Like, I was just
hanging out with this guy. It's devastating. Not just because he's no longer here, but the circumstances
[music] surrounding it are traumatic. >> It had to be an accident. >> Nobody ever thought it was anything but
a fall. And that's what Detective Krueger concluded, too. I just didn't see any need,
>> [music] >> in a small department, to tie up all our resources and hold a house for an
accident scene. But the scene did raise questions. Despite a huge amount of blood, first responders didn't see any
lacerations on Kevin's head. I was just told that he was bleeding out of his nose and mouth. There was no obvious
wound on the side of his head. That same day, a doctor here at Parkview treating Kevin felt compelled to speak
up. One of the doctors of the ER staff had some concerns with his injuries. The CT scans showed internal wounds,
multiple skull fractures. She also noted bruising to his face and scalp, and concluded Kevin's injuries
were not consistent with a fall down a stairway. That definitely raised some red flags in
my mind. She alerted the coroner's office, who ordered an autopsy. When did this accident scene become a
crime scene? After the autopsy. Once they told me that he had a crushed in skull,
definitely is not consistent with a fall from the stairs. That's when I started digging a lot deeper into this case.
Three days after Kevin's death, the autopsy was completed and the provocative findings turned over to
police. I get the autopsy report saying that his skull is crushed in. Definitely is not consistent with a fall
from the stairs. But Krueger says it is consistent with a violent physical beating. And you now
are going we may have a homicide on our hands, right? >> Right. You have a suspect [music]
in this case. Yeah, Allison's definitely our suspect. You have two people in a house,
one is murdered. It seemed a routine step to launch the murder investigation of Allison Davis.
But the New Haven Police Department had a huge challenge created by its own decision. [music]
By releasing the scene, that meant family members could re-enter the house. >> Yeah, the house is back to her. But when
people other than law enforcement enter a house once it's been released, there's a problem, right? There is.
>> There can be contamination of a crime scene. Yeah. The day after police received the
autopsy, four days after Kevin's death, Detective Krueger got a search warrant. That same day and the next, he returned
to the house, a body cam rolling. I have a couple more search warrants here. Okay.
First one is I got to take your phone from you. Okay. Police had been looking for more evidence, including a possible
murder weapon >> [music] >> or traces of blood. But by then, Allison's dad had already straightened
up as best he could. I basically cleaned up the area [music] that I could visually
see blood, and it was around where Kevin was on the floor. It's right there, at the bottom of the
steps. So, if I can gather the phone first? >> grab that. Allison shared with Casey a
growing unease she couldn't shake. She was really upset that they took their phones.
>> Is that password protected? Cuz that was a lot of their memories, [music] pictures to look back on.
All right, thank you very much. >> Allison would say she initially spoke willingly to investigators.
>> you. Have a good day. Do we all police asked of her? She would talk to whomever
wanted to speak with her. Is that [music] right? >> She had nothing to hide. Why would she?
There's nothing that suggests there was anything other than a fall down the stairs.
And for you, [music] this was a tragic accident. >> it was. And as the spotlight turned to Allison
Davis here at the East Haven Tavern, there were plenty who voiced their support. There's no way. There's no way
what? >> That she could have done that. She could have killed him. There's no way. I could
not imagine in any world where she would be wanted for murder. The tavern crowd tells the story of that
night. Allison was working retail at Victoria's Secret. When she finished, she headed over.
As usual, Kevin was waiting for her. On that night, where was he sitting? He was sitting over here,
at the bar. And his mood that night was? Was good. He was happy, he was friendly.
I was here with him. You were here? It was around 9:00 p.m. when Allison walked in. [music] Typical night. There
was nothing out of the ordinary in in [music] the slightest. Kevin had a second, then a third beer and some vodka
shots. Allison sipped on her usual, a sweet cocktail. It didn't seem like she was
drinking excessively at all. The East Haven regulars carried on. Kevin could get a little loud, his
friends say, but they knew that was just Kevin being Kevin. I mean, he he was just a lot. What does a lot mean? He was
very opinionated. But she she loved him through it. Soon, it was after midnight. Time to
turn in. They were calling [music] it a night, winding down. Allison left the tavern
first, with Kevin following shortly after. I think it was about 1:00. Kevin and his buddy Jason started texting.
Now, those texts, you still have them? Mhm. Can you show them to me? Yeah. You can just start here and just start
scrolling through. So, this starts at 1:11 a.m. Jason asked, "You guys make it back?" Kevin responding, "Oh, yeah.
Sorry. LOL." A moment later, Kevin confides, [music] "Yeah, we are good, bro. I'm just
listening to music. LOL." Just being funny, you know, all that was basically going on till about 2:31.
But Casey says Allison told her it was late, and she had told Kevin to quiet down. She was tired, and all she wanted
was to get some sleep. She said, [music] "Kevin, I have to get up early for work.
I'm going to go downstairs and sleep if you don't stop. I need to sleep." Kevin sent Jason a seemingly innocent
text. And he says, "I'm putting my phone on silent. Laughing my ass off. Got to go to bed. The wife." The wife.
After the autopsy results came back and Detective Krueger got Allison and Kevin's phones, he studied that text and
the ones before it. He thought they didn't seem innocent at all. He was obviously annoyed at her
about something. Remember, Allison had told first responders that they'd had a fight. I woke up. I
beyond a doubt wasn't Who knows what was said. It obviously aggravated her. This is a wife that lost it and beat her
husband to death. There's nothing to suggest that Allison did anything. This is just strictly an accident.
With evidence showing that Kevin Davis's skull had multiple fractures, everything was being re-examined to
determine if those injuries were accidental or intentional. 911, what's your address for your
emergency? My husband just fell down the stairs. What happened? Detective Krueger's team
analyzed that 911 call and concluded Allison was acting. >> This is rehearsed because she wanted to
listen to what the 911 dispatcher had to say, and then she went to her whole rehearsal. Okay, and what happened to
your husband? Um he fell down the stairs just now. I was sleeping downstairs. All I heard a
all of a sudden I heard a loud noise. She never asked them to hurry up. Almost every 911 call
you listen to, "Hey, hurry up. I need you now," you know. This call is about her. It's not about Kevin.
Kevin, can you hear us? And even as their body cams rolled, Hetrick and Shaneybrook questioned if
Allison was genuinely concerned as Kevin lay dying. Typically, based on your experience, how
does a spouse react in in a situation like this? Usually, just absolute panic. And when EMTs lifted Kevin, brain dead,
into an emergency vehicle, did she attempt to get into the ambulance? Not once. Not once.
Was she crying? I I don't ever recall witnessing her cry. But they say [music] they did hear her laughing.
We both noticed it. When she was also talking to the paramedics, my body camera captured her kind of
laughing with the paramedics. Is there somewhere we could get clothes for you? I mean, cuz he can't. I'm sure.
Yeah, that's the problem right now. Like I said. I mean, it is what it is at this
point. Okay. Okay. Also strange to police was what they observed at the bottom of the stairs.
This just doesn't look like a fall to me. No. If he fell down the stairs, why wasn't
he more >> [music] >> either wedged up against the doorway, not laying perfectly flat, in a
horizontal position? It's almost like he was laid down at that base of the stairs. It didn't make sense.
Police would come to think they knew why. It didn't add up to a tumble down the stairs.
What did it add up to [music] you? Blunt force trauma. A beating police say several severe blows to the head
until Kevin's skull caved in. Right now we're treating this as a crime scene due to his condition, okay?
All right. Police uncovered something else. Okay, I'm just Allison told different stories
as to where she and Kevin were sleeping. Remember, first responders heard this story.
And honestly, I was sleeping, and I was sleeping on the couch, and he was sleeping upstairs. And I was sleeping
But that's not what investigators say Allison told Kevin's mother, Alta Beers. Alta tells me that Allison told her that
they were in bed together. I said, "Okay, that's interesting." She had told you she was on a couch.
>> Yeah, completely different. Kruger says Allison didn't share with Kevin's family
just how critically he was hurt. She's minimizing this entire situation, especially to Kevin's family. Why do you
suppose Allison minimized his injuries? Because she caused the injuries. That's why she minimized them. She's caught
lying. The detective's theories, the 911 call, fake. Allison's behavior, unnatural.
Kevin's body, it had been moved. It looks to me like he's been positioned in a way that does
not consistent with falling down the stairs. Prosecutor Tessa Helgy teamed with Kruger and the doctors who had
treated and examined [music] Kevin. So your experts are looking at a man that they believe basically was beaten
to death. That's exactly what they believe. Beaten by someone. Right. And that someone you believe was? Allison
Davis. But the prosecutor sensed the investigation faced some serious challenges.
Where's the murder weapon? It's a great question. And what triggered this? Between them?
I don't know. I wish I knew. But Helgy and Kruger became convinced they had learned something important about
Allison and Kevin's marriage that could suggest a motive. I spoke with Kevin's mother, Alta, and she had informed me
that they were having some marital issues. You know, a domestic relationship that has gone bad. It is on
the rocks. And remember these texts from the final hours of his life between Kevin and his
friend [music] Jason Young? He said, "I'm putting my phone on silent, laughing my ass off, got to go
to bed. The wife." Got to go, the wife. Investigators suggested that message reflected tensions in the marriage.
Jason believes that's ridiculous. Did he ever say to you, "My My marriage is in trouble"? No.
She would have told me if there was something going on, and never was that hinted.
Allison's supporters say she was just being honest with investigators when she mentioned the argument.
But with detectives bearing down on her, Allison had stopped talking to them about her marriage or anything else. She
went completely silent after that, and uh The cooperation stopped. >> Over with. Yep. Yep. On October 17th,
2023, after 2 months of investigation, police declared [music] Kevin's death a homicide. And 2 months after that, a
warrant was issued for Allison's arrest for the murder of her husband. I mean, this is unbelievable. So we get a
recommendation for criminal defense team in Indianapolis, Andrew Baldwin and Max
Wiley. I spent quite a bit of time with her, and she's a wonderful person. 3 days
before Christmas, Allison Davis walked into the Allen County Jail with her parents. She said, "I'm Allison [music]
Davis, and I'm here to turn myself in." Did they handcuff her right in front of you?
>> Yes. Do you believe Allison Davis had anything to [music] do with her husband's death?
No. Wiley and Baldwin thought they knew exactly why cops hadn't found a murder weapon.
Because there was no murder. What was the instrument that you believe caused Kevin's death?
The banister at the bottom of the stairs. Indiana rarely allows bail on a murder
charge. Allison Davis was locked up in the Allen County Jail. She pleaded not guilty.
We know Allison, [music] and we know she isn't capable of what they accused her of. Does she have a
temper? No, she's never had a temper. >> have a criminal record? >> No, she does not have a criminal record.
Her father, Steve, hoped he'd given Allison tools to survive behind bars >> [music]
>> and face the anxious wait until her trial. Our family is >> [music] >> faith-based, and Allison
leaned on that faith. It was so hard. Casey Clem searched desperately for a way to help her friend.
It's like there's nothing I can do for her except pretend to be strong and remind
her that I'm here. While loved ones missed Allison, she told them that she missed Kevin. You
know, she would say, "I haven't been sleeping because I just keep seeing it in my head, and I just miss [music] him,
and I want him." And you know, she would talk about how all she wants more than anything in the world is to just hear
him call her babe again and hold her. Friends and family were denied any direct contact.
>> No visitation. Were you able to see her on a video FaceTime kind of situation?
>> No, we were not. Only her attorneys, Max Wiley and Andrew Baldwin, could see Allison.
Through Plexiglas, they got to know their client and developed a sense of her relationship with Kevin. Do you buy
into this notion that it was a troubled marriage uh headed toward a cliff? Not at all. No one's coming to the
detectives, you know, right after this happened and saying there were problems in their marriage, you need to
investigate this. Nobody. But remember, 4 weeks after Kevin died, Detective Kruger spoke with Kevin's
mother, Alta. He says she told him Kevin and Allison were having marital problems. It was
looking like it was leading towards a separation. I think it's fair to say that he was concerned about the
marriage, and that he had shared those concerns with his family. As Helgy prepared, she believed she had
a compelling story to share with a jury, and it wasn't about love and marriage. This case is going to boil down to a lot
of science. I'm Dr. Bill Smock. I am a consultant to the Allen County District Attorney's
Office in the death of Mr. Davis. When I brought Dr. Smock in and I provided him all the materials, I did
not tell him what anyone else thought. The defense retained a medical expert of its own, Dr. L. J. Dragovich, a forensic
pathologist and neuropathologist. He studies brains. He studies brain injuries. He's passionate about it. The
two experts would come to radically different conclusions. Mr. Davis was beaten to death. Kevin
Davis died as a result of falling and striking his head on a bottom post of the stairway
banister. They worked to make sense of a tragedy that started with a phone call. 911,
what's the address of your emergency? I have not heard the call. Would you like to hear it? Sure.
You ready? I'm ready. Listen to her. And I can't believe they did this to her. It's unbelievable.
Such injustice. >> [snorts] >> At the East Haven Tavern, the regulars were torn.
A lot of people think she's guilty. A lot of people think she's innocent. There's just not a
bone in my body that thinks she could have done this. I believe that she's not guilty.
What do you believe happened that night? I have no idea. In your mind, is Allison Davis a killer?
I don't know. May 5th, 2025. Allison has been locked up for 17 months. The trial starts tomorrow.
Morning, May 6th. Former Detective James Krueger, now Police Chief Krueger, after a promotion,
heads to court. I'm anxious. What's at stake today is either Kevin Davis gets justice for what was done to
him or we let a a murderer walk free. And I just, you know, kept thinking what evidence they have to say that Allison
murdered him. And there just wasn't anything. Krueger admits the investigation was
flawed, but he isn't making any excuses. I was responsible for gathering the evidence, making sure everything was
completed. If something got messed up or I missed something, that that falls on my responsibility.
That's my baby. He knows there are challenges, starting with a most basic issue.
>> He was a big guy. You know, the jurors may have a hard time believing that she
was even capable of causing this injury to him. And if the chief was a betting man, I
give this one a 50/50. I believe that there's a very good possibility that this jury will hang and there won't be a
verdict. At the Allen County Courthouse, both sides are set to go. The prosecution has no murder weapon. The
prosecution has nowhere to hide [music] from this paltry evidence that it's about to present to you.
There's no doubt that Kevin was murdered. And like Krueger, Helgi knows this case
is a tough one. So many people think Allison Davis simply could not be a killer. That's not
Allison. That's not who she is. She had no reason. >> [music] >> Kevin was her world.
Are you convinced that Allison [music] Davis murdered her husband? >> convinced. Yes.
Fort Wayne's historic courthouse. Allison Davis is on trial charged with murder. No cameras inside. 48 hours is
allowed a sketch artist. Investigators, doctors, loved ones testify. But all eyes are on Allison.
So, what do you see on her face? I see love. But it isn't love. It's forensics that
define this trial. Doctors Smock and Dragovich and their radically opposing theories. Mr. Davis sustained blows to
the head, not just on one side, but on the back and the left side as well. At trial, Smock presents this CT scan
highlighting Kevin's injuries, the multiple fractures to his head. What that says is that Mr. Davis sustained
multiple blows to multiple areas of his head. I told the jury that Mr. Davis was
the victim of a homicide. He did not fall down those stairs. [music] He believes Allison wielded a weapon
that was never found. For example, [music] a kettlebell, a weight. It certainly could be the end of
a baseball bat. Kevin Davis was not killed as a result of impacts by baseball bat. He suffered only one one
impact to the head as his head slammed into that that post of the banister. That one impact, Dragovich says, led to
multiple fractures. He says the same impact then caused Kevin's brain to ricochet inside his
skull. The shattered bone fragments acted like shrapnel, tearing Kevin's brain. They claim that Kevin was beaten. They
got it wrong. I would say Dr. Dragovich got it wrong. Dr. Smock says, "Just look at the police
body cam video. The banister post appears clean. There's no evidence Kevin's head struck it."
There was no blood, no tissue, no hair on the top of that banister. But remember, Dragovich argues the post
is clean because Kevin's injuries were internal. Kevin never had any open wound anywhere
on his body. Blood that was found by first responders was on the floor beneath Kevin's body.
It came from his nose and mouth. According to the defense, his skull hit this. And if you want to follow me down
here, Peter. Chief Krueger tells us what he believes happened to Kevin. I believe
that he made some comments to Allison, who was laying down here on the couch. And he's walking away from He's walking
away from her. And Allison grabs an object. He takes a blow to the back of the head. Legally intoxicated
and immobilized by more blows. And somewhere in this area >> [music] >> is where he loses it and falls.
Investigators believe Allison dragged 219-lb [music] Kevin across a portion of this floor.
Ms. Davis sees these stairs and says, "Well, this is my scapegoat. I can make it look like this is an accident." And
he was pulled just enough to make it look like he fell down the stairs. And Krueger says there's more evidence
of Allison's guilt. Kevin's cold body temperature. Core body temperature was 91°. Dr. Smock says he knows why.
Kevin Davis was lying there for at least two hours before 911 was called. Kevin, can you hear us?
But in his testimony, Dr. Dragovich counters. Kevin's low temperature is due to something else. The impact with the
post destroyed a key part of Kevin's brain. It's called the hypothalamus. That part of the brain is the actual
thermostat for the body. >> The result? Your body temperature is out of control. It's a caput. There are
so many inconsistencies with that theory. So, I came up the stairs. Krueger took
us upstairs to that bedroom Willow the pitbull shared with Kevin and Allison. She's up in the bedroom and she's a
guard dog. >> Allison had warned Krueger Willow might attack. Right now, what I won't do is I
won't go in that room. >> Okay. Did you ever get into this room? I never did. Not on that morning. I 100%
wish I would have gotten into this room on the morning of the 12th. >> Because the murder weapon could have
been in there. Chief Krueger has been at the house several times. This is the first time Allison's lawyers were able
to get inside. Wow. Oh my goodness. That's the staircase right there. And there's the post. So,
you hit that and you you end up, you know, your feet over here. Let's see how steep these stairs
are. They are really steep, aren't they? And narrow. Yeah, and narrow. It's powerful
to be in this house. And to picture what they believe were the final fatal steps of Kevin Davis.
It's an intoxicated guy that fell down the stairs and hit his head on that post right there.
The trial lasts four days. Allison does not take the stand. The jury is now out. They just heard
closing arguments for about two hours. Which story will the jury believe? The courthouse is dark except for the
jury room. Some 21 [music] grueling months have passed since the heartbreaking death of Kevin
Davis. >> Kevin, can you hear us? If convicted of his murder, [music] Allison Davis could
spend the rest of her life in prison. At 11:00 p.m., word comes a verdict. Allison's family and attorneys emerge.
Not guilty. OH MY GOSH, SHE'S GOING HOME! Allison Davis, not guilty. Just moments before, Steve had locked
eyes with his daughter as her verdict came down. She was crying with joy and it was a wonderful moment.
>> That family over there, that's why we do this work. That's exactly why we do this work.
Kevin's mother, Alta, doesn't want her son to be forgotten. He's my son. I've always loved him and
always will. She accepts the verdict. Um okay. I'm done with it. She stole my daughter-in-law, no matter
what. But where is Allison? Back in jail, waiting for her release paperwork. A cold but joyous crowd stands vigil.
Then, at 2:12 a.m., the jailhouse door cracks open. Allison comes out and everybody just
erupts with joy. Oh my gosh. It was a group hug of the ages. >> Yes. Tears, saying, "Allison, we missed
you so much. It's so good to have you in our arms again." Well, that's a lot of emotions, really. There is no joy for
For who believe the jury got it wrong. I was like, "Ugh." Unbelievable. Unbelievable.
You were stunned by that? I was. Yeah. 48 Hours spoke with this juror who asked us not to show her face
>> [music] >> or use her name. Well, the prosecution didn't have a strong case. Like, there was no weapon. There
was no This is where she did it and how she did it. The the prosecution's theory had a lot
of holes. >> [music] >> And the jury believed the theories of Dr. Dragovich. He explained everything
in very clear terms that we could understand. And it just made sense. It made sense to
the injury. For the family at East Haven Tavern, Here's Kevin. a bittersweet celebration.
And for Kevin's family, >> [music] >> what would you have to say to them? I'll just I'm so sorry for your loss. It's so
devastating. What do you hope [music] for for I hope that she can find her place and to get back to that smiling,
happy person that she was. She didn't deserve a year and a half her life taken away.
Sitting in jail. So, I was I was really happy for her. >> [music] >> Welcome to Post Mortem. I'm your host
Anne Marie Green, and today we are discussing the case of Kevin Davis. >> [music]
>> Now, in the early morning hours of August 12th, 2023, Kevin's wife Allison called 911 and said that she woke up to
a loud noise, and she found Kevin at the bottom of the stairs. Kevin later died in the hospital. An autopsy later
revealed that he had a crushed-in skull, and a murder investigation was launched,
with Allison becoming the primary suspect. She was charged with murder, arrested, and put on trial, where she
would fight to clear her name. Joining me now is 48 Hours correspondent Peter Van Sant. Thanks for chatting with
me today, Peter. Hey, Anne Marie. Great to be here. Um and the usual reminder before we get
into it, uh if you have not listened to this episode of 48 Hours, head on over to your podcast feed to get the full
audio. You're going to find uh the full episode in your podcast feed right underneath this one. Go take a listen,
and then come on back. All right. Here we go, Peter, cuz this one's a little different.
>> It's a doozy. Yeah. So, of course, at the center of this entire episode, right, the big question was Kevin's
death an accident or was it murder? And we see sort of very early on uh people interacting with Allison are
interpreting her behavior differently. She's speaking to first responders, and they have very different assessments of
what they're seeing. And you guys actually played some body cam footage of that.
That's right. And these two first responders that that are of particular interest here, they are trained to
observe anything suspicious at a crime scene as well as trying to save a life. And so, they focus on how things are
said. And at the Davis house, the first two responders were standing by an ambulance, and one officer said, "She
doesn't have a normal reaction for me telling her her husband's critical, right?" And the EMT said, "I think she's
still in shock." That shows you the range of interpretations as you look at these people.
But having watched all of that video, there were some very odd moments. Allison apologized for wearing pajamas.
Now, the normal reaction would be, "Quick, he's in here. Quick, as fast as Follow me." But she apologizes about
what she's wearing. She laugh-talked with people at the scene. That struck some as very very
odd. But a lot of the people who defend Allison's behavior say she was raised to
be extremely polite, and this is how she speaks. She will always say thank you to
people and whatnot. You know, I In watching the hour, the only time that it sort of struck me as odd was that little
laugh-talk that we saw. But as I listened to you kind of put it all in line for me, like list it
all, what comes across to me is someone who's a people-pleaser, almost, that you
sort of mimic the reaction that you're getting from other people, and you say thank you, and you apologize for being
inappropriate. Like, that's how it actually comes across to me. Well, you know, the laugh-talk that she did, I
I've covered so many hurricanes, and you'll walk up to someone and their house has been destroyed, and Is this
your house? And they'll go, "Yeah. Yeah, this is it. There's not much here, is there?" They'll laugh-talk. I think
that's a a stress reaction in some people that it is a involuntary uh emotion, and that laugh-talk occurs.
That's what I was thinking about when I watched that. And also keep in mind, her
friends said that later she was incredibly emotional. She was crying at the hospital, and her dad said that
Allison, she compartmentalizes because she knew she had to be calm to help Kevin. Mhm.
And Allison's defense said that, "Well, if she committed a crime and had rehearsed a story, why would she have
forgotten to act sad on the police body cam video?" >> Mhm. Right. Um So, there were some
questions about the 911 call, and I want to play that. 911, what's the address for your
emergency? My husband just fell off the stairs. There's blood everywhere. I can't flip
him over. I don't know if he's alive or dead. I I Okay, I can't I can't understand what you're saying. Take a
breath for me. I'm sorry. I'm sorry. What's your address? He just fell down. Oh.
Lane. Okay, and what happened to your husband? Um he fell down the stairs just now. I was
sleeping downstairs. All of a sudden all of a sudden You heard a loud noise. I'm trying to
take longer, deeper breaths. I heard a loud noise. I went He was at the bottom of the stairs.
There was blood everywhere. And I can't flip him over. I can't wake him up. And I don't know if he's breathing
or not. Okay, he's not responding to you at all? He's not responding. And there's blood everywhere. Okay, I'm
going to have help on the way to you. They'll be there in just a few minutes, okay? Thank you so much. You're welcome.
So, what was the problem with that 911 call? Because, I mean, it seems normal to me.
I've heard, you know, hundreds of these 911 calls from local news all through my
network life. Usually, if if my wife finds me at the foot of the stairs with blood, I'm not
going to tell the 911 operator a story. I was I I woke up and I heard a noise, and then No, you'd say, "He's My my
husband's at the is unconscious. He's at the bottom of the Get someone here as fast as you
can." That tends to be the normal call. So, um the the the sudden calm uh Detective Krueger in this thought that
this was a a performance. And she also thanked the operator at the end of the 911 call,
which was rather unusual because it was a very friendly thank you. Mhm. I mean, often when we've done these
stories, Peter, one of the things that sort of stands out when people are suspicious is that
they give you more details than you are asking for. Absolutely. When they're calm, it can be interpreted that the
person telling the story has rehearsed this story. If they are overly dramatic, then it must be a performance. Uh you
can't win on these 911 calls. And it is also important to remember people do react differently in crises. Yeah. By
the way, during the course of this, there was a really uh surprisingly emotional moment for us.
Allison's father had not heard the 911 call, and and I I turned that on. He just his head just went right down
into his hands. He all but collapsed. He started crying. I would call it even sobbing. And for him, this was his
daughter. This was completely genuine. This was heartbreaking. This was real. He did hear the change
to the calmness, okay, okay, I've got my breath now, and and and her telling the
story. But he said, "That's my daughter. That's the way she talks." Just as an aside, I was so impressed by
him. Um I just I thought he was sort of the almost the MVP of that whole hour. You
know, often you see moms, um and so, it it was good to to see a dad defending his daughter. And I And I
wondered how he was remaining so unemotional. And And then we saw the emotion bubble over, you know?
Absolutely. Uh And uh he's someone you trust implicitly when you hear him speak. Yeah. And And
he didn't show a an instant of doubt about his daughter's innocence. Okay, so after first responders arrive,
and police decide not to enter the upstairs bedroom. And they do that because Allison says that their pet
pitbull is up there, and the pitbull's a guard dog. I still didn't understand I I understand
why maybe they wouldn't want to go up there without her, but they could have gone up there. Yeah,
that's an obvious mistake. And uh because there could be important evidence inside that room. She had
warned him that, you know, there's a pit bull on the other side. That's obviously
a deterrent. But Allison had signed permission for them to enter the room and she did offer
to move the dog. And Detective Krueger, because he initially, much too quickly, believed that Kevin's death was an
accident, he now believes that who knows, the murder weapon might have been in that bedroom with the dog. And of
course, he regrets not going in. Yeah, I can imagine. Uh Detective Krueger also cleared the crime scene. So, even if he
might have suspected that there was no foul play, why not at least wait till the autopsy?
Um especially since officers at the scene seemed to really question Allison's behavior and certainly the
amount of blood at the scene. This was an enormous blunder. Uh there is a reason why police have crime scene
tape to seal off that crime scene. There is no hurry to give it back to a family.
You have to do your CSI work there and take the time. Um I'm working on another case right now where it was months
before the death scene was cleared by police. And Detective Krueger said the New Haven, Indiana Police Department,
you know, they're a small town outfit. They have limited resources and expertise. And Krueger said he just
didn't see the need to tie up all of their resources and hold the house uh uh for what he thought was an
accident scene. They eventually called the Indiana State Police because they have many more
resources, right? But by the time they got there, the house had already been cleared. That scene has now been
contaminated and whatever they found would have been challenged in court. So then,
what evidence did investigators actually have against Allison? Well, Allison told first responders, and
this is important, that she and Kevin had gotten into a fight that night. That was the word that she used. And that
played into the investigators' belief that she hit Kevin in the back of the head with an object. Cuz they think,
well, if there was a fight, there was emotion, and she may have lashed out at him.
Uh no murder weapon was was ever found. And Detective Krueger pointed to the a text that Kevin had sent his friend
early in the morning, about 2:34 a.m. He wrote, "Got to go to bed. The wife." Now, you hear that, the audience hears
that, I heard that. I didn't think it was any big deal, but investigators thought, "Wow, the wife." That suggests
tension inside that house. I thought that was a bit of a stretch. Um another text that we didn't get to in the hour,
Allison texted Kevin, "I love you." And he didn't text back. And the prosecution
brought this up in court that there may have been some tension, some problem inside, some anger inside that house. Uh
but Allison and Kevin lived together. He knew he was going to see her later. So,
you know, you get busy and you sometimes don't answer those. I'm guilty of that.
Um and you got to be careful about confirmation bias [music] when you're an investigator. And once you start
interpreting everything as evidence of a crime, um >> [music] >> you can really get in trouble, which I
think happened in this case. Welcome back. On October 17th, 2023, this is 2 months
of an investigation going on, police finally declared Kevin's death a homicide. And about 2 months later, a warrant is
issued for Allison's arrest. Uh she turned herself into the Allen County Jail with her parents.
Uh so, I want to ask you about that local bar that Allison and Kevin frequented. It's called the East Haven
Tavern. Uh seems like a place with a lot of regulars and you spoke to some of those. Uh I'm curious about how
Allison's arrest affected the patrons there. I'm also curious about, you know, what they said about the
couple. Anybody that's ever been in a pub, um I used to live in England, uh this East Haven Tavern was like a
pub. Everybody knows everybody. It's like the old TV show Cheers, everybody knows your name.
Uh Allison and Kevin were regulars. Kevin, big personality guy, uh really entertained people. He liked to argue,
you debate in things, but they they really loved him. So, the people there were really shocked at what happened.
And the East Haven Tavern is in New Haven, Indiana. It's a town of roughly 15,000 people. And it's a real
microcosm. But after Allison was arrested and charged in jail, uh well, people had thought, "Well, they must
have something on her. They wouldn't just arrest her unless they they really have a solid case." So, you some of the
people there um started to drift toward that. Others, you know, were were saying, "There's just there's just no
way. There's just no way she could do this." So, this is the intrigue of this case as as
our investigation went forward. Allison pleaded not guilty, but since Indiana rarely allows bail on a murder
charge, she had to remain in jail for 17 months waiting for the trial. I am curious. I mean, how did she spend her
time behind bars? Uh this was uh this was really terrible. Uh she was not allowed any in-person
visits except for her attorneys. Her family not only wasn't allowed to visit in person, but virtually, like on a uh a
FaceTime call. She wrote letters and she could make phone calls to family and friends,
but she was not allowed to see family members. Her attorneys say that in jail, Allison, you know,
tried to make the best of her life there. She was leading uh workout classes and she was trying to
influence people in a positive way. But that isolation, Mhm. The trial is May 6th, 2025.
Um I want to play a clip in the episode from Detective Krueger as he's heading into court that day. Uh I'm anxious.
>> [music] >> What's at stake today is either Kevin Davis gets justice for what was done to
him or we let a a murderer walk [music] free. So, he he's, you know, clearly convinced
that Allison is guilty. Yeah, she is innocent till proven guilty. They didn't have a CSI moment,
they didn't have an eyewitness, they didn't have a motive for for certain, they didn't have so much in this case.
And to say that if she is found not guilty, she still is, that's just wrong. That's just wrong. Uh
keep in mind, Detective Krueger is now Police Chief Krueger. He is highly respected in the community and his
profession. And he owns the mistakes that he made in this releasing that crime scene so early. So,
the trial was really a battle of experts. The jury heard from Dr. Smock, who testified for the prosecution, and
Dr. Dragovich, who testified for the defense. When a jury is faced with two experts,
with two totally opposing views, how how do they determine who or what they believe? Or I wonder if at times they
just cancel each other out. The prosecutors actually had three different doctors testify. And both Dr.
Smock and Dr. Dragovich, they were convincing. This was a face-off. It's always dramatic when this happens because a
life is hanging in the balance, in this case, Allison's life. We also interviewed them and they had a lot of
additional material for us about this case. Dr. Smock, the prosecution's expert,
said that Kevin's CT scan showed multiple fractures to multiple areas of his head. And he believes that Allison
wielded some sort of a weapon, a blunt object, to beat Kevin that was never found, that he didn't fall down the
stairs, but he was attacked. Dr. Dragovich, who testified for the defense, said that the injuries and that
fall and all of that was was the result of one impact to Kevin's head that led to multiple fractures. He believes that
Kevin fell and his head hit the banister, which caused Kevin's brain to ricochet inside his skull.
He made a compelling case that one single impact would not necessarily cause any open external wounds or blood
marks on the banister. There weren't any cuts on his head. We, the 48 Hours people, were a bit overwhelmed trying to
figure all of this out. And so, we really laughed out loud when the juror that we interviewed after this case in
our interview said that they found the the expert testimony to be easy to follow and and clear. Really? Yeah, and
um they were getting it more than we were, but Dr. Dragovich explained it in ways that people could could could
follow. And um he prevailed. Uh it's a 4-day trial. The jury deliberates. They deliver a verdict.
Allison Davis is not guilty. Uh we don't cover a lot of not guiltys. I mean, in in your years of doing 48
Hours, how many not guilty verdicts have you covered? I've had two. This is one of them. Two? Two. That's it. There have
been other cases, too, where I thought there would be a not guilty verdict, but uh there've only been two. And, you
know, one of the jurors said the prosecution's case had holes in it. Wow. But Krueger took the loss very hard. And
um the democratic thing to do would be to accept the jury's verdict. And the lead prosecutor said, "Well, the
jury has spoken." And that her next best theory would be that there was another attacker in the house.
But Krueger said 100% that Allison got away with murder. Um and it's very rare to go on the record
to say something like that and it's unfair. This puts a little scarlet letter on her as she goes back into
society, back into life. A jury of her peers said she's not guilty and as her dad said, "I can't
believe they did this to her. It's unbelievable. Such injustice." He can't believe that they ever charged her
with homicide, kept her in isolation, and then a jury takes just 6 hours after all of that to
find her not guilty. Uh you got to go with that verdict and in this case, I think the jury got it
right. Yeah, yeah. I I mean, I felt everything that dad was saying and another thing that people don't kind of
think about is the money that it takes to defend yourself. I mean, just being accused can be ruinous to your life, you
know? Um so then that brings me cuz the one person that that we're all as a viewer
waiting to hear from in that hour is Allison. I know you guys reached out to her. Um and clearly she didn't want to
be involved. No, uh she's left New Haven and is living with her parents. We did reach out. She declined. We
understand that. It wasn't long after she had been acquitted that we we put in this request to her. Um she not only
lost a husband, uh she was accused of murder, spent 17 months in in jail. But uh Allison, if you're listening out
there, in my mind and I believe in the public's mind now, uh you are an innocent person and um I wish her all
the best in life. And the fact that her father participated, I assume that she gave her blessing and
he represented her very, very well. Absolutely. Um uh well, Peter, thank you for participating in this podcast. This
was a an unexpected ending because 48 Hours doesn't always end like this. >> [music]
>> And uh you know, I'm I'm really happy that Allison is rebuilding her life cuz
there's a lot more life to live for her. All the best to you, Allison. And if you like this episode, of course,
please rate and review on Apple Podcast or Spotify.

Watch "A Death in the Stairwell" and then catch up with "48 Hours" correspondents Anne-Marie Green and Peter Van Sant as they discuss the case of Alison Davis in "Post Mortem." Davis was accused of murder after her husband, Kevin, was found with a fatal injury at the bottom of their stairs at home.

00:00 A Death in the Stairwell 41:34 Watch the "Post Mortem" podcast

Crime. Social justice. Impact. "48 Hours" investigates the most intriguing crime and justice cases that touch on all areas of the human experience including greed and passion. "48 Hours," which premiered in 1988, has developed a rich history of original reporting and impact journalism that has helped exonerate wrongly convicted people, caused cold cases to be reopened and solved, and along the way changed lives.

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