Director of JonBenét Ramsey Netflix doc changes his mind on the crime
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Six months before the shocking news of JonBenét Ramsey's murder made headlines, alongside the widespread circulation of the little blonde girl's beauty pageant photos, the documentary Paradise Lost was released.
Joe Berlinger's film raises questions about the innocence of three teenagers from Arkansas who were found guilty of murdering three local eight-year-old boys.
For Berlinger, known for his films about the West Memphis Three that not only garnered him an Oscar nomination but also led to the release of the wrongfully imprisoned individuals, a central focus of his work has consistently been to uncover and, ideally, remedy injustices.
However, JonBenét's murder didn't initially stand out to him as a potential case study. When the 6-year-old's body was discovered the day after Christmas in 1996, a frenzy of talk shows, tabloids, and the ever-rolling machine of 24-hour news outlets took hold of the story. They often shared information carefully released by the police in Boulder, Colorado.
"I was taken in by it at the time," Berlinger, 63, shared with The Independent. "I feel embarrassed about that, especially since I had just completed Paradise Lost, which focuses on wrongful convictions. But I had a two-year-old daughter at home, and I ended up getting swept up in the media frenzy."
“I found myself thinking that my little girl, who is just two, is absolutely adorable. I can only imagine how cute she’ll be when she’s six. The idea of letting her participate in a beauty pageant never crossed my mind, and I had a lot of opinions about that.”
He wasn't the only one thinking this way; even today, if you ask most people about JonBenét Ramsey, you'll find they have firm beliefs and ideas about who might have murdered her.
Typically, people tend to focus on her family, including her parents and her nine-year-old brother, who were all inside their upscale, holiday-decorated home when JonBenét was killed. On the morning of December 26, 1996, Patsy Ramsey called 911 to report a ransom note she had discovered regarding her daughter. Later that day, after the police had arrived, a further search of the house organized by Patsy’s husband, John, resulted in the tragic discovery of their daughter’s body in a basement room.
"As I delved deeper into the details of the case, it started to seem increasingly irrational," explains Berlinger. His thorough examination of the murder and its investigation fueled his doubts, ultimately leading to the creation of his new three-part docuseries on Netflix, Cold Case: Who Killed JonBenét Ramsey, which will debut on Monday.
A crucial aspect of the director's investigation was the contributions of Lou Smit, a detective from Colorado Springs who returned from retirement to help the Boulder district attorney’s office in the wake of the murder. Smit swiftly concluded that the Ramseys were innocent, which put him in conflict with local law enforcement and sparked a dedicated effort to find out what really happened. Even 14 years after his passing, his family and friends continue to pursue this quest for the truth.
After reviewing Smit's investigative efforts, Berlinger remarked, "That's when it hit me."
The documentary emphasizes several of Smit’s arguments, particularly his belief that someone could have quietly entered the home and waited to take JonBenét before things went terribly awry.
The lead investigator was confident that DNA evidence would eventually crack the case. However, many people watching will probably be taken aback to learn that Boulder officials are still experiencing delays and haven't conducted DNA testing, even now.
The Netflix series explains that a DNA report confirming the Ramseys' innocence was provided to the Boulder police by the Colorado Bureau of Investigation months after the murder. The documentary suggests that because the family's innocence contradicted the local police's theory, this information was unjustly withheld. Meanwhile, false narratives were continuously shared with the media that portrayed the Ramseys as guilty.
Smit’s notes reveal that the CBI DNA report was withheld from Boulder prosecutors for several months. Even with this evidence in hand, local officials still allowed speculation to fall on the Ramsey family. It wasn't until 2008 that they were publicly exonerated, but this announcement had little impact on the long-standing negative public opinion that had built up over the years.
JonBenét suffered a horrific sexual assault and was tortured using a garrote—a knotted cord made from a broken paintbrush handle that belonged to her mother—before her death. Unknown male DNA was discovered on her underwear, but it remains unidentifiable, and there are ongoing concerns about potential contamination due to inadequate crime scene management and other factors. Although testing techniques have significantly advanced since the mid-1990s, the director informed The Independent.
"Thanks to improvements in DNA technology, I genuinely believe we can crack this case," Berlinger explains. "I want to be upfront and share that one of my aims with this show is to urge the Boulder police to take the right steps. The Ramsey family has been advocating for more DNA testing for quite some time."
He refers to the remaining members of the Ramsey family. JonBenét’s mother, Patsy, passed away in 2006 at the age of 49. Additionally, JonBenét’s older half-sister, Beth, lost her life in a tragic car crash in 1992 when JonBenét was just a young child.
"I can't think of a family that has suffered more than the Ramseys," Berlinger shares with The Independent. "John Ramsey – in my opinion, he deserves multiple awards for his resilience – has endured the loss of his daughter, Beth, from an earlier marriage. As a parent, I can't imagine a deeper pain."
"JonBenét represented a hopeful solution for that family, but tragically, she was killed in a deeply shocking manner—and then they were unfairly accused of her death. At the same time, her mother, Patsy, was battling ovarian cancer. It’s likely that the immense stress from the murder and the subsequent blame played a role in the cancer returning."
In 2008, the former Boulder District Attorney cleared the Ramseys and her brother, Burke, expressing how remorseful she felt about the situation. Since the murder, there has been a lot of turnover in both the prosecution and police departments, leading to varying opinions on the case. Speculation around the case has persisted, to the extent that CBS aired a documentary in 2016 suggesting that Burke might have accidentally killed JonBenét, and that their parents then set up the scene to make it look different.
He filed a lawsuit against CBS for $750 million, and the dispute was resolved in 2019.
Although Burke doesn’t share his thoughts in the docuseries, it includes interviews with John Ramsey and another son from his first marriage, as well as Colorado journalists—some of whom don’t fare too well in the portrayal—and experts from law enforcement. The series also explores the bizarre situation involving John Mark Karr, a convicted pedophile brought back from Thailand who admitted to the murder but was eliminated as a suspect due to his alibi and DNA evidence, despite having knowledge of details that hadn’t been made public.
Berlinger shares that one of his main reasons for creating the docuseries was his wish to highlight issues that he believes are unfair and need to be addressed.
"I feel fortunate to share that my efforts have played a significant role in the release of six individuals from prison," he explains. "I am heavily involved in addressing wrongful convictions, and I’ve noticed specific patterns that often lead to these injustices, which I can identify in this particular case."
Similar to the West Memphis case, wrongful conviction situations frequently involve local police departments that lack the experience to adequately deal with serious crimes. They often become fixated on a particular theory early in the investigation and are unable to shift their focus away from it. This situation is evident in this case as well, although the convictions were based more on public perception than actual legal proceedings.
"The situation was made worse by the approach taken by the authorities, who fed the media misleading or incomplete narratives during a time when sensationalist journalism was on the rise. This only fueled the chaos."
For anyone who experienced the Nineties, it’s easy to overlook the extent to which some cable shows and talk programs blurred the lines and influenced public opinion. For those who are younger, watching the clips can be quite shocking. The new Netflix series features a segment from a daytime talk show that staged a mock trial involving the Ramseys. It highlights commentary from a so-called "expert" who offered a highly inappropriate view on JonBenét’s saxophone performance, which Berlinger describes as "obscene."
In a perplexing turn of events, the Ramseys faced off against a former detective from Boulder on CNN. This detective had authored a book that claimed Patsy was responsible for the murder. Interestingly, he not only reached a settlement with the Ramseys after they filed a lawsuit for libel and defamation, but he also seemed to show a lack of understanding of key details about the case in other interviews he gave.
According to Berlinger, one of the key inspirations for the JonBenét docuseries was examining how the media contributed to the situation. He shared this insight with The Independent.
“I've consistently worried about the gradual decline in journalistic standards over the years and the increasing prevalence of opinion-driven journalism, which has created a rift in our country,” Berlinger notes. He believes this significant divide stems from the fact that we all seek out different perspectives on TV, making the truth feel somewhat elusive.
"I believe it all started with cases like JonBenét Ramsey and O.J. Simpson. The early 1990s marked the beginning of a new age of reckless journalism."
"In the blink of an eye, we saw a surge of 500 news networks emerging within a single day’s news cycle. Many believed they could profit from sharing genuine stories, but I believe this led to a significant drop in journalism quality. You can connect this trend to our current situation, where the concept of truth seems to be fading, and half of the population is turning to TikTok for their news updates."
Although Berlinger expresses frustration over the current state of news reporting, he remains optimistic that his project could inspire investigators in Colorado to take action. Last year, a team of outside experts reviewed cold cases and suggested strategies to the Boulder police on how to advance their investigation. However, the police department revealed that they won’t disclose the specific recommendations right now, although they reaffirmed their commitment to acting on the insights provided by the cold case review.
A statement released in December 2023 emphasized that officials in Boulder are collaborating with top DNA specialists from around the nation to make sure that the most advanced forensic methods are applied to examine the remaining DNA samples.
“The evidence has been kept safe and will remain accessible for testing once reliable technology is developed that can accurately analyze the forensic samples related to this case. Investigators are currently working on getting the evidence ready for testing when the opportunity arises.”
This week, when The Independent inquired about any updates on the testing, along with other detailed questions, a spokesperson simply reiterated the importance of encouraging anyone with information to reach out to the detectives. They explained that the investigation remains "open and ongoing," which is why they couldn’t provide any additional comments.
In a recent statement, Chief Steve Redfearn expressed, “The murder of JonBenét was an unimaginable crime that has stayed with us all. We are dedicated to pursuing every possible lead and are collaborating with DNA specialists and other law enforcement agencies nationwide until we find a resolution to this heartbreaking case. The Boulder Police Department will always prioritize this investigation.”
Boulder police were not cooperative with Berlinger's team either.
"They haven't formally met or shared any details, and they haven't disclosed much to the Ramseys either," Berlinger states. "We think that, until we're informed otherwise, not much progress has been made, and the advancements in DNA technology require them to take steps."
“There’s a strong chance that this case can be resolved. Some evidence from the past has already been examined but needs to be reassessed. Additionally, there are older pieces of evidence that were sent to the crime lab but never got tested.”
In straightforward terms, Berlinger expresses: "It's time to take action. Let's put an end to all these absurd conspiracy theories that don't make any sense."
"Let’s concentrate on the possibility of conducting DNA tests, which might help uncover the identity of the murderer."
