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DIALLING
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MARCELYN: 'This tragic,
tragic accident
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'has left this child
permanently injured.
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'Her life will never be normal.'
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JERRY: 'She's not
my biological daughter,
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'but there is no way
that I would wilfully hurt her.'
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She got hurt.
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I saved her.
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That's the end of the story.
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My name is Marcelyn Angwin and I'm
a defence attorney forjerry Cole.
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Jerry is charged with aggravated
child abuse, a class A felony,
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and prison time for that
is up to 30 years.
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Jerry and the mother
of this toddler were engaged.
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She has two small children
from another relationship.
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Jerry is not their father.
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One at the time
was eight weeks old
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and the other child was two years
and nine months old.
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Jerry was babysitting
the children that day
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as the mother went back to work
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for the first time
after giving birth.
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So he brought them
to his grandmother's house,
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and she has a swimming pool
in the back.
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He knew that his brother's
two children would be there
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so the kids would have
other children to play with.
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So, they were in there
playing in the pool,
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a storm came up,
so he got everybody out of the pool.
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He brings the children in,
he locks the screen door,
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and so all the children
were in the house.
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He goes into the kitchen
to make a bottle for the infant.
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And then he looks out the window.
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And oh, my gosh, there's the toddler
face=down in the swimming pool.
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He runs out of the house,
jumps in the pool,
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doesn't even bother
to even hit the steps,
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and pulls the toddler out.
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When he got her out,
she was not breathing.
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So he starts, uh, CPR
and also rescue breathing.
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He worked on her and he worked
on her, and he never stopped.
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He just knew he had to save
the child
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who calls him "Daddy".
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911 comes,
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they put her in the ambulance
and take her to the hospital.
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This tragic, tragic accident
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has left this child
permanently injured.
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Her life will never be normal.
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Accidents happen with parents
and children all the time,
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but the DA has pursued this charge
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because of the injuries
to the child.
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Because they are so severe.
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They're trying to take an accident
and turn it into a crime.
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When it's a child involved,
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it's almost like the jury
immediately thinks you're guilty.
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And we're the ones
that's gonna have tilt the scale
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to innocent.
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We have a lot of work to do.
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JERRY: I miss them every clay.
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Every time I saw that girl,
she lit up like a Christmas tree.
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"Daddy's here!"
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Ancl I lit up. "Daddy's here!"
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SIGHS
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I miss that.
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There is no way
that I would wilfully hurt her.
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She got hurt.
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I saved her.
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That's the end of the story.
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To come out and say
you hurt your own child
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with a track record of doing nothing
but helping everyone...
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This is wrong.
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Everything about this is wrong.
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And everybody
turns the!“ backs on me.
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Says, "You're the monster."
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Good morning, Jerry.
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I wanna go over
the allegations against you.
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You're charged
with aggravated child abuse.
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The state will have to prove that
you're negligent
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in taking care of the child.
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It is a class A felony,
cos the child is under six.
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So, the potential penalties
of a class A felony
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would be up to 30 years in prison.
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00:06:09,200 --> 00:06:13,095
So this is a very serious offence
that you've been charged with.
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So, first of all,
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I want to talk about
what happened that morning.
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So you arrived
at your grandmother's house,
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everybody's swimming,
and then what happens?
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There comes a small little shower,
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and that was my excuse
to get out of pool.
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You got all the children
out of the pool?
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I've got the flotation devices off.
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Put them next to the pool.
OK.
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Corralled 'em all inside.
I lock the screen door
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so the toddler can't try to escape.
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Who's got the infant at this point?
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Um, my aunt, Dorris.
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Dorris says
the infant needs a bottle.
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I go up to the sink,
heat up the bottle,
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looked out the back window,
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and, uh, I saw a-a child's body
in the pool.
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I dropped everything.
I ran out the front door.
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i jump into the pool, grab her,
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jump straight back out,
and immediately start CPR.
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How long was the child
in the swimming pool?
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I know it could have only been
a few minutes,
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but, hell,
it could have happened
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as soon as I locked it
and turned around.
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Hm-mm.
I don't know.
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At that point, you know...
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She-She spits up a lot of water.
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She spits up whatever snack
or something,
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it might have been an apple.
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I'm pushing on her chest.
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Was she breathing?
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No.
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Ambulances were showing up,
lights were going off.
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I'm still in work mode.
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I said, "This is what happened.
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"Anything that you need from me,
you can take it, just help her."
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Because the quicker
that everybody's on the same page,
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the more chance she has
of surviving.
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Then we get in the back
of the ambulance.
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I have to get in the front seat.
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One of the paramedics was
working on her, so... OK.
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All I could do was just look back
through the slot and... hope.
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That day, everything
in your life just changed.
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No more house, no more kids,
no more life.
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How did you get through that?
I...
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I mean, that's gotta be
devastating.
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I didn't.
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And, uh... it broke me.
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SOBS SOFTLY
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JERRY SPEAKS INDISTINCTLY
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I see it every clay.
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I can't unsee it.
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I'm sorry.
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DOOR CLOSES
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I've been told by the State
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that the mother is very adamant
about prosecuting Jerry.
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A lot of times it is based on how
the victim feels about the case.
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So, it's gonna be
very emotional for him
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to have to relive all of this
and then be questioned on the stand.
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And how is gonna be
able to handle it
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when the prosecution
really puts the pressure on him?
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They're trying
to make him the villain.
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He needs to be ready.
He needs to be prepared to fight.
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It's his life that's on the line.
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MARCELYN: Jerry Cole, my client, is
charged with aggravated child abuse.
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00:09:47,760 --> 00:09:50,935
And prison time for that
is up to 30 years.
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00:09:56,480 --> 00:09:59,215
I am on the way
to Jerry's grandmother's house.
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We're gonna try to re-enact
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00:10:01,040 --> 00:10:03,015
what happened on the day
of the tragic incident
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to see how this child could have
gotten out of the house
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and into the pool.
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Going into trial,
we don't want any surprises.
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We want to know
everything there is to know.
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So, Jerry, who all
exactly was here that day?
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Dorris was in the house
holding the baby.
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That's my aunt. And Trish is my, uh,
sister-in-law.
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00:10:25,960 --> 00:10:28,775
Mm-hm.
She was here with her two children.
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A ten-year old
and a six-year-old.
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So had you and the toddler
swam in this pool before?
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Several times. Mm...
OK.
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We all got out of the pool
and went back into the house.
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Did the toddler
wanna get out of the pool?
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No. None of them did.
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So you came in. You locked the door.
Then what happens?
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Well, the older two,
I told them,
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"Hey, we're staying in here.
It's raining.
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Uh, we're gonna make some food."
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The younger one, well, she tries
to fight to get out, anyway,
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because she still wants
to go to the pool.
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00:11:03,240 --> 00:11:06,015
"OK, well, now you can't get out."
No problem.
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00:11:10,080 --> 00:11:13,455
I put it there specifically so that
the toddler couldn't get out.
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00:11:13,480 --> 00:11:16,415
So this is the only door you were
concerned with, because...
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It's the only way in and out.
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Where was Dorris sitting?
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00:11:22,960 --> 00:11:26,095
She would have been sitting
at the far corner.
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00:11:26,120 --> 00:11:27,855
So, what did Dorris ask you to do?
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00:11:27,880 --> 00:11:30,615
She asked if I can
make the baby a bottle
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00:11:30,640 --> 00:11:34,335
before she wakes up
so she doesn't start crying. OK.
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00:11:35,920 --> 00:11:37,855
So you would have taken the bottle,
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00:11:37,880 --> 00:11:40,455
put the formula in it.
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So the toddler's in there
with the other two girls,
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you think.
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00:11:46,160 --> 00:11:50,055
Ancl then there is a bathing suit
in the pool over here.
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And she's face-down.
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00:11:53,760 --> 00:11:55,695
As soon as I saw her,
I ran out that way.
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00:11:55,720 --> 00:11:56,855
I run...
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00:11:56,880 --> 00:12:00,135
The only way that you can get out of
the house is through the front door.
187
00:12:02,240 --> 00:12:04,815
So when you came
out of the kitchen,
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00:12:04,840 --> 00:12:06,975
was this door locked or unlocked?
189
00:12:07,000 --> 00:12:08,975
It would have been unlocked.
190
00:12:10,360 --> 00:12:13,255
I didn't break the lock or anything,
there was no resistance,
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00:12:13,280 --> 00:12:15,015
so I just moved it.
192
00:12:16,480 --> 00:12:17,935
As soon as I come out here
193
00:12:17,960 --> 00:12:19,735
I see the six-year-old
and the ten-year-old
194
00:12:19,760 --> 00:12:21,935
just playing with the toys there.
195
00:12:21,960 --> 00:12:25,535
So I immediately know
that it's not one of them,
196
00:12:25,560 --> 00:12:28,495
it's the toddler,
and I run that way.
197
00:12:31,000 --> 00:12:33,935
So, two little girls
on the front porch,
198
00:12:33,960 --> 00:12:35,255
one was ten.
199
00:12:35,280 --> 00:12:37,975
Would she had been tall enough
to reach the latch?
200
00:12:38,000 --> 00:12:39,535
Yes.
OK.
201
00:12:39,560 --> 00:12:42,495
The six-year-old probably not? OK.
No.
202
00:12:44,800 --> 00:12:49,895
The question is, who could have been
able to unlock the screen door?
203
00:12:49,920 --> 00:12:52,415
And obviously, the two girls
playing on the front porch,
204
00:12:52,440 --> 00:12:54,375
the ten-year-old
would have been tall enough
205
00:12:54,400 --> 00:12:55,735
to have been able to have done that.
206
00:13:03,240 --> 00:13:07,055
If Jerry's telling us the truth,
it wasn't his fault.
207
00:13:07,080 --> 00:13:10,215
You know, it was an accident,
and accidents happen.
208
00:13:11,720 --> 00:13:13,975
But the state wanna blame somebody,
209
00:13:14,000 --> 00:13:16,495
therefore, Jerry is the person
to blame.
210
00:13:36,560 --> 00:13:38,015
His mother is so happy
211
00:13:38,040 --> 00:13:40,895
to have him around,
you know what I mean?
212
00:13:40,920 --> 00:13:42,735
I rarely seen her that happy.
213
00:13:42,760 --> 00:13:45,175
Ancl they talk a lot,
her and him, now.
214
00:13:45,200 --> 00:13:47,335
They're two great people together.
215
00:13:48,640 --> 00:13:51,375
This is the picture
that they take
216
00:13:51,400 --> 00:13:55,055
before you get into the military
or right when you join up.
217
00:13:56,240 --> 00:13:58,895
Yeah, but when you went overseas,
it was awful.
218
00:14:09,560 --> 00:14:11,615
There was not a clay
219
00:14:11,640 --> 00:14:15,895
that we did not get into
an active firefight with the enemy.
220
00:14:15,920 --> 00:14:18,975
Watch my friends get blown up.
221
00:14:20,160 --> 00:14:21,375
It was hell.
222
00:14:21,400 --> 00:14:24,935
One of the hurdles is getting
through the gross smells
223
00:14:24,960 --> 00:14:27,935
and the blood and just trying
to get in the mindset of,
224
00:14:27,960 --> 00:14:30,295
"|f I don't do this,
they're going to die."
225
00:14:30,320 --> 00:14:31,655
You have to do it.
226
00:14:33,320 --> 00:14:37,855
Ancl this is just the three of my
closer friends that died over there.
227
00:14:37,880 --> 00:14:41,855
When we got back we decided we would
get some tattoos.
228
00:14:44,680 --> 00:14:46,215
Yeah.
229
00:15:00,720 --> 00:15:04,335
I tried to work on the ambulance
for a few more months,
230
00:15:04,360 --> 00:15:07,015
but after everything happened,
it just...
231
00:15:07,040 --> 00:15:08,895
It broke me to the point
232
00:15:08,920 --> 00:15:11,935
where I didn't think
I could help other people.
233
00:15:13,800 --> 00:15:15,815
I'm worried that...
234
00:15:15,840 --> 00:15:18,695
the justice system is, you know,
235
00:15:18,720 --> 00:15:21,815
gonna put him in prison for
something that was an accident,
236
00:15:21,840 --> 00:15:24,815
you know, that he really
didn't have control over.
237
00:15:24,840 --> 00:15:27,895
He did the best he could,
you know,
238
00:15:27,920 --> 00:15:31,335
with his medical background
and everything.
239
00:15:32,680 --> 00:15:36,455
I just hope everybody understands
how good of a person he really is.
240
00:15:56,760 --> 00:15:57,975
Hey, there.
241
00:15:58,000 --> 00:16:00,335
Everything going OK?
Everything's going great.
242
00:16:06,000 --> 00:16:09,895
The main issue, I think,
that the state has againstjerry
243
00:16:09,920 --> 00:16:12,615
is that there is
an inconsistency in the story.
244
00:16:12,640 --> 00:16:14,055
OK.
245
00:16:14,080 --> 00:16:15,655
I actually have his interview
on video
246
00:16:15,680 --> 00:16:18,015
and I was gonna show you
a little bit of that. Oh, good. OK.
247
00:16:18,040 --> 00:16:19,895
OK?
Yeah. Here we go.
248
00:17:10,440 --> 00:17:12,055
All right.
249
00:17:12,080 --> 00:17:14,255
That's story number one.
OK.
250
00:17:14,280 --> 00:17:16,455
Now we're gonna listen to
the second story.
251
00:17:16,480 --> 00:17:18,935
OK. And when did the second story
take place?
252
00:17:18,960 --> 00:17:21,775
Same interview.
Same time, OK.
253
00:18:07,840 --> 00:18:10,015
See, that's the issue.
254
00:18:10,040 --> 00:18:13,255
What he's saying is he did not
see her run past the window...
255
00:18:13,280 --> 00:18:15,095
OK.
..climb up the steps and fall in.
256
00:18:15,120 --> 00:18:16,895
That's what he said
on the first interview.
257
00:18:34,040 --> 00:18:36,895
All right. So you see the difference
in the two stories?
258
00:18:36,920 --> 00:18:38,055
Yeah, yeah.
259
00:18:38,080 --> 00:18:41,655
So that is going to be,
I think, the state's case.
260
00:18:41,680 --> 00:18:44,775
That he told
an inconsistent story.
261
00:18:44,800 --> 00:18:47,935
They're not gonna say it that nice,
they're gonna say he lied.
262
00:19:05,680 --> 00:19:07,495
Jerry's gonna have to explain to me
263
00:19:07,520 --> 00:19:09,695
why, when he was
first questioned initially,
264
00:19:09,720 --> 00:19:12,335
he didn't tell the exact truth
of what happened.
265
00:19:12,360 --> 00:19:14,495
|-|I, Jerry.
266
00:19:14,520 --> 00:19:16,575
'Why would he do that?'
267
00:19:16,600 --> 00:19:21,935
My experience is that juries
don't like inconsistencies.
268
00:19:21,960 --> 00:19:24,335
OK.
269
00:19:24,360 --> 00:19:27,575
What we're going over today
is the state's case.
270
00:19:27,600 --> 00:19:33,455
They're going to say that you lied
because you did something wrong.
271
00:19:33,480 --> 00:19:38,655
So my question to you is,
why did you say that you saw her
272
00:19:38,680 --> 00:19:42,855
climb up the ladder,
and jump into the pool?
273
00:19:42,880 --> 00:19:45,095
I came up with the story
274
00:19:45,120 --> 00:19:47,935
because something tragic
like this happens,
275
00:19:47,960 --> 00:19:50,495
they're gonna start
pointing fingers.
276
00:19:50,520 --> 00:19:53,895
It's cos
I didn't have eyes on her.
277
00:19:55,760 --> 00:19:59,335
Could you see that that might be
a problem for us with the jury?
278
00:19:59,360 --> 00:20:00,615
Yeah.
279
00:20:00,640 --> 00:20:02,895
I had to believe it was true.
280
00:20:02,920 --> 00:20:05,135
I had to believe it myself.
281
00:20:05,160 --> 00:20:07,735
I figured if I said it enough
it would be true,
282
00:20:07,760 --> 00:20:10,415
and, you know, she couldn't be hurt.
283
00:20:11,760 --> 00:20:14,735
So in your mind, that's what
you wanted to have been the truth,
284
00:20:14,760 --> 00:20:17,535
even though you know that
that was not the truth?
285
00:20:17,560 --> 00:20:19,935
I had to believe it.
286
00:20:21,880 --> 00:20:24,975
Well, these are gonna be
the inconsistencies
287
00:20:25,000 --> 00:20:26,815
that the DA is gonna pounce on.
288
00:20:26,840 --> 00:20:29,415
And so we're gonna make sure
the jury understands
289
00:20:29,440 --> 00:20:31,615
that you corrected what you said,
290
00:20:31,640 --> 00:20:35,495
and then you told them
exactly what happened.
291
00:20:39,360 --> 00:20:42,055
The prosecution will try to make
Jerry out to be a person
292
00:20:42,080 --> 00:20:44,655
that the jury should not believe.
293
00:20:44,680 --> 00:20:47,335
So he needs to go home and he needs
to relive this over in his head,
294
00:20:47,360 --> 00:20:49,535
of what he's gonna say,
295
00:20:49,560 --> 00:20:52,055
to tell the jury exactly why
he said what he said.
296
00:20:53,120 --> 00:20:56,935
Jerry's story has to appear true in
court for the jury to believe him.
297
00:20:56,960 --> 00:20:59,215
If not, they'll find him guilty.
298
00:21:07,320 --> 00:21:08,935
Hey, Jerry.
299
00:21:08,960 --> 00:21:11,175
Hey. How you doing?
300
00:21:11,200 --> 00:21:13,575
How are you doing? Come on in.
301
00:21:22,800 --> 00:21:26,495
It really sucks knowing that there
will be somebody out there,
302
00:21:26,520 --> 00:21:28,415
they could look at me and say,
303
00:21:28,440 --> 00:21:32,455
"Yeah, I believe you would
absolutely hurt your kid."
304
00:21:32,480 --> 00:21:35,215
That makes me really mad.
305
00:21:35,240 --> 00:21:38,015
I hear a lot of anger in there.
306
00:21:38,040 --> 00:21:40,295
Oh, definitely. Definitely.
307
00:21:40,320 --> 00:21:42,855
There's no way
that it should have happened,
308
00:21:42,880 --> 00:21:44,855
there is no way
that it could've happened,
309
00:21:44,880 --> 00:21:48,055
I made sure that it couldn't,
and then it still did.
310
00:21:48,080 --> 00:21:50,855
Like, the worst-case scenario
that you can think of,
311
00:21:50,880 --> 00:21:53,255
when trying to play
in the swimming pool,
312
00:21:53,280 --> 00:21:56,015
is that you look back
and then that your kid
313
00:21:56,040 --> 00:21:59,415
is face-down in the swimming pool.
That is nightmare.
314
00:22:00,960 --> 00:22:02,535
It's OK.
315
00:22:09,360 --> 00:22:13,095
Sometimes if we express
those feelings and get 'em out,
316
00:22:13,120 --> 00:22:15,575
it helps us.
317
00:22:17,600 --> 00:22:21,095
They, you know, want to put me
in prison for 30 years,
318
00:22:21,120 --> 00:22:26,095
but there's still a fight going on,
and I'm not gonna take the fall
319
00:22:26,120 --> 00:22:28,415
for something that happened
on God's watch.
320
00:22:46,560 --> 00:22:49,175
JOHN: Dorris is one of
the few people that was there.
321
00:22:49,200 --> 00:22:53,815
Maybe she can tell me
exactly what she thinks happened
322
00:22:53,840 --> 00:22:57,815
as far as the defendant's actions,
or the little girl's actions,
323
00:22:57,840 --> 00:23:01,095
or how maybe the little girl
could have gotten out of the house.
324
00:23:10,760 --> 00:23:12,695
Hello.
Hello.
325
00:23:12,720 --> 00:23:14,455
Are you Dorris?
Yes, sir.
326
00:23:16,120 --> 00:23:17,775
I understand, uh,
327
00:23:17,800 --> 00:23:19,575
when the accident happened,
you were here.
328
00:23:19,600 --> 00:23:20,615
Yes, sir.
329
00:23:20,640 --> 00:23:22,615
I was keeping the little baby.
330
00:23:22,640 --> 00:23:25,295
And so Trish's two girls was here,
331
00:23:25,320 --> 00:23:27,615
so they all wanted to go swimming.
332
00:23:27,640 --> 00:23:29,575
And they stayed out there
for, I don't know,
333
00:23:29,600 --> 00:23:32,175
maybe an hour
of swimming and playing.
334
00:23:32,200 --> 00:23:33,775
And so they came in.
He latched the door.
335
00:23:33,800 --> 00:23:35,015
OK.
336
00:23:36,200 --> 00:23:38,015
The baby's crying.
I said, "While
337
00:23:38,040 --> 00:23:39,735
You know, told Trish
I'll go fix a bottle.
338
00:23:39,760 --> 00:23:41,735
And Jerry said,
"Well, I'll go ahead and do it."
339
00:23:41,760 --> 00:23:44,695
And that's when the little girls
wanted to come play on the porch.
340
00:23:44,720 --> 00:23:47,695
Did you see the little girls
come out here? Trish's two girls?
341
00:23:47,720 --> 00:23:49,855
Yeah, I seen Trish's two girls
come out.
342
00:23:49,880 --> 00:23:50,895
OK.
343
00:23:50,920 --> 00:23:53,815
Did they have to unlock the door
to come out?
344
00:23:53,840 --> 00:23:55,575
Yes, yes.
Did you, did you see...
345
00:23:55,600 --> 00:23:57,735
The oldest one, the oldest one.
346
00:24:01,240 --> 00:24:04,295
You saw the older of the two...
Yeah.
347
00:24:04,320 --> 00:24:05,615
...unlock the door?
Yes.
348
00:24:05,640 --> 00:24:09,335
Did Jerry stop and unlock that door?
No.
349
00:24:11,000 --> 00:24:12,855
I just saw a blur,
350
00:24:12,880 --> 00:24:15,055
and next thing I knew,
I heard the door...
351
00:24:15,080 --> 00:24:16,935
slam like that.
DOOR SLAMS
352
00:24:16,960 --> 00:24:18,295
OK.
353
00:24:18,320 --> 00:24:19,615
It was a freak accident,
354
00:24:19,640 --> 00:24:22,775
but I should've got up
and double checked.
355
00:24:22,800 --> 00:24:24,895
You know, I feel responsible
for that part.
356
00:24:28,280 --> 00:24:31,695
When Dorris first told me
that she actually saw
357
00:24:31,720 --> 00:24:36,615
Jerry Cole latch the door,
I was just really, really pleased
358
00:24:36,640 --> 00:24:40,015
because I think it's very,
very important in showing that
359
00:24:40,040 --> 00:24:43,655
Jerry was being truthful.
360
00:25:02,920 --> 00:25:05,255
Hey, Jerry, it's Marcelyn.
361
00:25:06,400 --> 00:25:09,175
I'm good. I'm good. We have got
an offer from the district attorney.
362
00:25:09,200 --> 00:25:11,295
All right, thanks, Jerry.
363
00:25:15,160 --> 00:25:17,935
Come on in, Jerry. Have a seat.
364
00:25:17,960 --> 00:25:21,055
Sit right here
and I'll sit over here.
365
00:25:24,640 --> 00:25:27,295
All right, Jerry.
So we have gotten an offer
366
00:25:27,320 --> 00:25:29,215
from the state on your case.
367
00:25:29,240 --> 00:25:32,815
As you know, you're charged
with aggravated child abuse,
368
00:25:32,840 --> 00:25:36,055
a class A felony,
up to 30 years in prison.
369
00:25:36,080 --> 00:25:38,375
Well, the offer is a good offer.
370
00:25:38,400 --> 00:25:40,775
It's coming in
as a class A misdemeanour,
371
00:25:40,800 --> 00:25:43,055
endangefing
the welfare of a child.
372
00:25:44,440 --> 00:25:47,775
The maximum jail time
is 12 months in the county jail.
373
00:25:47,800 --> 00:25:50,415
But they're going
to suspend that sentence
374
00:25:50,440 --> 00:25:53,375
and put you on 24 months
supervised probation.
375
00:25:53,400 --> 00:25:56,375
One of the elements
the state would have to prove
376
00:25:56,400 --> 00:25:58,695
is wilful maltreatment
of the child.
377
00:25:58,720 --> 00:26:00,535
I don't think
they can prove that element.
378
00:26:04,320 --> 00:26:05,655
If you pled to that offer,
379
00:26:05,680 --> 00:26:08,055
what you would be saying,
well, basically,
380
00:26:08,080 --> 00:26:10,535
that you were negligent
in watching the child.
381
00:26:11,600 --> 00:26:15,455
You would have to... swear
382
00:26:15,480 --> 00:26:18,575
that you were guilty
of this offence,
383
00:26:18,600 --> 00:26:21,415
and on your record
you would have a misdemeanour.
384
00:26:21,440 --> 00:26:23,815
But the case will be over with.
385
00:26:23,840 --> 00:26:26,175
Or you could go to trial
and you could lose.
386
00:26:26,200 --> 00:26:27,735
It's a gamble either way you go
387
00:26:27,760 --> 00:26:30,415
cos you never know what 12 people
are gonna do in a jury box.
388
00:26:32,880 --> 00:26:35,375
Are you interested in taking
the, uh... the plea deal?
389
00:27:33,040 --> 00:27:35,535
Are you interested in taking
the, uh... the plea deal?
390
00:27:41,600 --> 00:27:43,095
No.
391
00:27:43,120 --> 00:27:45,335
Absolutely not.
392
00:27:45,360 --> 00:27:46,935
OK.
393
00:27:46,960 --> 00:27:49,095
Not gonna happen.
394
00:27:50,560 --> 00:27:52,255
I understand the risks.
395
00:27:52,280 --> 00:27:54,455
Good.
Whatever it takes.
396
00:27:54,480 --> 00:27:59,135
So now what we do
is prepare to fight their issues,
397
00:27:59,160 --> 00:28:00,615
to convince the jury.
398
00:28:00,640 --> 00:28:02,775
We're going all the way with this.
399
00:28:02,800 --> 00:28:03,935
SIGHS
400
00:28:03,960 --> 00:28:06,775
But the other thing is you have
to be prepared to see the child.
401
00:28:06,800 --> 00:28:08,175
Right.
402
00:28:08,200 --> 00:28:10,415
When they bring the child in
in a wheelchair,
403
00:28:10,440 --> 00:28:12,735
I don't know what that's gonna do
to the jury's emotions.
404
00:28:12,760 --> 00:28:14,895
I don't know what it's gonna do
to mine, either. I know.
405
00:28:14,920 --> 00:28:17,055
And also, your ex-fiancee.
406
00:28:17,080 --> 00:28:19,095
I'm sure they'll all be there.
407
00:28:19,120 --> 00:28:22,055
You're gonna have to
get prepared for the trial.
408
00:28:25,560 --> 00:28:28,295
There's no way in hell
that I would hurt my kid.
409
00:28:28,320 --> 00:28:31,455
I'm not gonna stand up there
and swear that I did it.
410
00:28:31,480 --> 00:28:33,415
Especially if it's not true.
411
00:28:33,440 --> 00:28:36,095
That's not gonna happen.
412
00:28:37,680 --> 00:28:41,215
Jerry is not willing to take any
offer, regardless of what it is.
413
00:28:41,240 --> 00:28:44,535
You know, I think that says
a lot about Jerry's character
414
00:28:44,560 --> 00:28:48,055
and how confident he is
in the judicial system
415
00:28:48,080 --> 00:28:49,975
to find him innocent.
416
00:28:52,000 --> 00:28:55,495
But I'm gonna tell you, you
never know what a jury's gonna do.
417
00:28:55,520 --> 00:28:58,775
With the child being involved,
of course, it increased the risk
418
00:28:58,800 --> 00:29:01,535
because of sympathy from the jury.
419
00:29:01,560 --> 00:29:04,495
And them ruling on their feelings
versus on the facts.
420
00:29:04,520 --> 00:29:07,455
So there's always a gamble,
421
00:29:07,480 --> 00:29:10,535
and Jerry's willing
to take that gamble.
422
00:29:36,160 --> 00:29:39,495
JERRY: Mike laid up in bed for about
two weeks with his stomach,
423
00:29:39,520 --> 00:29:43,935
and my mom got fed up with him.
Like, not even concerned, just mad.
424
00:29:43,960 --> 00:29:47,135
"All right, you feel that bad,
we're going to the doctor."
425
00:29:47,160 --> 00:29:49,695
Ancl I'm pretty sure
that really broke her heart
426
00:29:49,720 --> 00:29:52,775
because it turns out
he had stomach cancer.
427
00:29:56,720 --> 00:29:58,935
We don't know what kind or how far,
428
00:29:58,960 --> 00:30:01,615
because before
they could even get that far,
429
00:30:01,640 --> 00:30:03,855
he caught COVID in the hospital.
430
00:30:03,880 --> 00:30:07,455
So I guess we're just...
We're waiting on answers.
431
00:30:07,480 --> 00:30:10,055
They say they're not gonna do
anything about his cancer
432
00:30:10,080 --> 00:30:11,815
until the COVID clears up.
433
00:30:13,680 --> 00:30:15,015
BARBARA SNIFFLES
434
00:30:15,040 --> 00:30:16,455
Are you holding up?
435
00:30:16,480 --> 00:30:18,255
I'm trying, yeah.
436
00:30:18,280 --> 00:30:19,815
It's hard.
437
00:30:19,840 --> 00:30:21,575
Yeah, I know.
438
00:30:21,600 --> 00:30:25,295
I went in to talk to Marcelyn
the other clay.
439
00:30:25,320 --> 00:30:27,655
Yeah.
I told you she had a plea.
440
00:30:27,680 --> 00:30:29,895
You wanna hear it?
Yeah.
441
00:30:29,920 --> 00:30:32,535
No jail time.
442
00:30:32,560 --> 00:30:36,935
But I would still
have to say I'm guilty.
443
00:30:36,960 --> 00:30:40,455
I would still have
to raise up my hand,
444
00:30:40,480 --> 00:30:43,975
look 'em all in the eye
and say, "Yes, I did this."
445
00:30:45,200 --> 00:30:47,855
Baby, if it comes back to that,
446
00:30:47,880 --> 00:30:50,255
it means I lose you
forever or not.
447
00:30:50,280 --> 00:30:52,175
I don't want that.
448
00:30:52,200 --> 00:30:54,855
No which way is good.
449
00:30:54,880 --> 00:30:57,215
You know, I'm just, I'm scared.
450
00:30:57,240 --> 00:31:00,095
I'm scared I'm gonna lose Michael.
451
00:31:00,120 --> 00:31:03,255
And then I'm scared
I'm gonna lose you, too.
452
00:31:04,600 --> 00:31:07,095
I don't want to lose
either one of y'all.
453
00:31:07,120 --> 00:31:10,735
You know, hope for the best,
but pray for the worst.
454
00:31:10,760 --> 00:31:13,895
VOICE BREAKING: I know,
cos I can't lose both of you.
455
00:31:13,920 --> 00:31:15,895
I can't lose either one of you.
456
00:31:21,680 --> 00:31:23,415
Come here.
457
00:31:26,360 --> 00:31:28,015
BARBARA:
458
00:31:51,840 --> 00:31:53,415
Hi.
Hey, there. How are you?
459
00:31:53,440 --> 00:31:54,735
I'm good, how are you?
Good.
460
00:32:01,840 --> 00:32:03,735
I spoke to
the mother of the toddler and...
461
00:32:03,760 --> 00:32:08,415
Hm. I was able to ask her,
what do you think should happen
462
00:32:08,440 --> 00:32:12,735
0 Jerry, because of this.
Yeah.
463
00:32:12,760 --> 00:32:15,055
just point blank,
do you think he should serve
464
00:32:15,080 --> 00:32:17,415
prison time for this?
Mm-hm.
465
00:32:17,440 --> 00:32:21,095
Ancl she would not give
a real strong answer.
466
00:32:21,120 --> 00:32:23,295
She just stammered around
a little bit
467
00:32:23,320 --> 00:32:25,895
and said, "|'m just gonna
leave it in God's hands."
468
00:32:25,920 --> 00:32:27,415
OK.
469
00:32:27,440 --> 00:32:31,135
It sounds like she has understood
that it's... it was an accident.
470
00:32:31,160 --> 00:32:34,455
She's not hateful
or hostile towards Jerry
471
00:32:34,480 --> 00:32:37,135
because of this, she's just...
Well, that's good.
472
00:32:37,160 --> 00:32:40,095
...hateful and hostile
towards the incident.
473
00:32:40,120 --> 00:32:41,135
OK.
474
00:32:43,240 --> 00:32:45,055
So that's good. That's good.
475
00:32:45,080 --> 00:32:49,895
This way we can do whatever it takes
to try to get the case dismissed.
476
00:32:49,920 --> 00:32:52,335
Because she, I think
she understands that...
477
00:32:53,560 --> 00:32:56,255
Well, hopefully, she understands
the man that she was gonna marry
478
00:32:56,280 --> 00:32:57,895
would not do this intentionally.
479
00:33:01,840 --> 00:33:05,695
I've been told that the mother
is very adamant about prosecuting.
480
00:33:05,720 --> 00:33:08,535
Well, after the investigator
went to speak with her,
481
00:33:08,560 --> 00:33:12,895
that doesn't seem to be the case,
and I want the state to see that.
482
00:33:12,920 --> 00:33:17,295
If the mother says,
"Look, let's just end it now
483
00:33:17,320 --> 00:33:19,495
"so I don't have
to come to trial and testify.",
484
00:33:19,520 --> 00:33:22,215
that would help
to get the motion to dismiss.
485
00:33:22,240 --> 00:33:26,495
So we're gonna go ahead and give the
prosecutor a copy of the interview.
486
00:33:26,520 --> 00:33:28,855
Cos if it helps to get this case
dismissed,
487
00:33:28,880 --> 00:33:30,415
I think it's well worth it.
488
00:33:53,160 --> 00:33:54,575
BARBARA SOBNNG
489
00:33:54,600 --> 00:33:57,655
Um, Mike passed away
in the hospital.
490
00:33:57,680 --> 00:34:00,815
Cancer, uh, caught him, and...
491
00:34:00,840 --> 00:34:05,055
they said his body wasn't
strong enough to survive the chemo
492
00:34:05,080 --> 00:34:07,135
and the radiation, so...
493
00:34:07,160 --> 00:34:10,615
it was basically
a death sentence, anyway.
494
00:34:10,640 --> 00:34:15,335
But they were talking more of,
you know, weeks,
495
00:34:15,360 --> 00:34:17,535
maybe a couple of months.
496
00:34:17,560 --> 00:34:22,215
Ancl it was the very next clay
at ten o'clock that night.
497
00:34:23,400 --> 00:34:26,655
Saturday.
Passed away in his sleep.
498
00:34:26,680 --> 00:34:31,535
JERRY WHISPERING
499
00:34:31,560 --> 00:34:35,215
My mom, uh, this broke her.
500
00:34:39,440 --> 00:34:42,615
I mean, it... it came on quick.
501
00:34:43,920 --> 00:34:48,055
Ancl she just didn't have time
to process anything.
502
00:34:52,880 --> 00:34:55,895
Losing Michael, and then turn around
and losing you too, I just...
503
00:34:55,920 --> 00:34:58,255
That's just something that I...
504
00:34:58,280 --> 00:35:02,135
I don't think
I'd be able to handle it,
505
00:35:02,160 --> 00:35:03,615
I just don't think, at all.
506
00:35:24,600 --> 00:35:26,575
CELL PHONE RINGING
507
00:35:27,760 --> 00:35:28,815
Hello.
508
00:35:31,840 --> 00:35:33,775
All right. | will. All right.
509
00:35:33,800 --> 00:35:35,695
Bye. Yeah, bye-bye.
510
00:35:48,760 --> 00:35:51,215
Hey, Jerry. Come on in. Have a seat.
511
00:35:56,520 --> 00:36:01,215
OK. So, we have just got
another offer from the state.
512
00:36:05,240 --> 00:36:07,455
We have just got another offer.
513
00:36:07,480 --> 00:36:10,135
And the offer is...
514
00:36:10,160 --> 00:36:12,655
giving false information
to a police officer.
515
00:36:12,680 --> 00:36:14,535
It's a class A misdemeanour.
516
00:36:14,560 --> 00:36:17,615
12 months, suspended sentence,
no time served.
517
00:36:17,640 --> 00:36:20,615
They have acknowledged that you
didn't do anything to this child.
518
00:36:23,520 --> 00:36:26,655
So, I think this is something
you really need to consider.
519
00:36:26,680 --> 00:36:28,855
Four years and here it is.
520
00:36:28,880 --> 00:36:31,055
One week before
and now they're saying,
521
00:36:31,080 --> 00:36:35,375
"Well, OK, OK. Well, you didn't
hurt her, but you did lie."
522
00:36:35,400 --> 00:36:38,015
SIGHS
523
00:36:38,040 --> 00:36:44,215
It's frustrating and relieving
at the same time, I guess, but...
524
00:36:47,280 --> 00:36:51,895
I just wanted you to understand
that we spoke with your ex-fiancee.
525
00:36:51,920 --> 00:36:52,975
Yeah.
526
00:36:53,000 --> 00:36:55,135
And she had to agree to this.
527
00:36:55,160 --> 00:36:58,535
And that's why you got the offer.
528
00:36:58,560 --> 00:37:01,015
I'm really happy that...
529
00:37:01,040 --> 00:37:05,175
you know, she doesn't believe
that I did this, because...
530
00:37:08,000 --> 00:37:10,535
Um...
531
00:37:10,560 --> 00:37:13,575
That's really what hurt the most.
532
00:37:16,800 --> 00:37:19,975
So, I know you may
want to think about it,
533
00:37:20,000 --> 00:37:22,735
but I don't wanna stand next to you
when the judge gives you 30 years
534
00:37:22,760 --> 00:37:25,255
if the jury finds you guilty.
535
00:37:25,280 --> 00:37:29,495
I do think it's probably as good
of a deal as you're gonna get,
536
00:37:29,520 --> 00:37:32,015
but I'm not gonna jump into anything
537
00:37:32,040 --> 00:37:33,775
till I've had a minute
to think about it.
538
00:37:33,800 --> 00:37:34,775
Yeah.
539
00:37:38,880 --> 00:37:41,415
I shouldn't have to plead
to anything.
540
00:37:41,440 --> 00:37:44,455
I, honestly, just want it
outright dismissed.
541
00:37:44,480 --> 00:37:46,615
So, Pllsleep on it,
but either way it goes,
542
00:37:46,640 --> 00:37:48,575
I'm gonna have to do something.
543
00:37:50,240 --> 00:37:53,615
It would be very unwise forjerry
not to accept this offer
544
00:37:53,640 --> 00:37:56,615
and to take the chance
of going to trial.
545
00:37:56,640 --> 00:37:58,855
And getting a 30-year sentence.
546
00:37:58,880 --> 00:38:02,375
But Jerry did turn down
the first misdemeanour offer.
547
00:38:02,400 --> 00:38:05,335
So the ultimate decision is his.
548
00:38:29,760 --> 00:38:32,495
MARCELYN: Jerry has been offered
a fantastic misdemeanour deal,
549
00:38:32,520 --> 00:38:36,655
but I can only advise as a defense
attorney, it's all up to him.
550
00:38:40,120 --> 00:38:43,895
It's definitely a gamble.
Jerry is gonna have to be the one
551
00:38:43,920 --> 00:38:46,255
to make the decision
whether to roll the dice or not.
552
00:39:28,240 --> 00:39:30,415
You OK?
Mm-hm. You?
553
00:39:30,440 --> 00:39:31,655
Yeah.
554
00:39:38,360 --> 00:39:43,935
I took the plea deal for a
misdemeanour of lying to the cops.
555
00:39:48,840 --> 00:39:52,295
They gave me 12 months
unsupervised probation.
556
00:39:52,320 --> 00:39:55,815
A little bit of court costs
and that's it.
557
00:39:59,680 --> 00:40:01,975
I really don't know how much more
I can thank you.
558
00:40:02,000 --> 00:40:05,655
Ancl I know you did everything.
559
00:40:05,680 --> 00:40:08,015
You're so sweet.
560
00:40:08,040 --> 00:40:11,215
You're welcome. You're welcome.
BARBARA SPEAKING INDISTINCTLY
561
00:40:11,240 --> 00:40:13,375
Any time.
562
00:40:13,400 --> 00:40:15,255
'I think he did the right thing,'
563
00:40:15,280 --> 00:40:17,695
and I think that he's glad
to have it over with,
564
00:40:17,720 --> 00:40:19,415
and I think it ended well.
565
00:40:19,440 --> 00:40:22,615
It probably hasn't fully
hit me yet, but...
566
00:40:22,640 --> 00:40:24,655
I don't think it's hit me, either.
567
00:40:24,680 --> 00:40:25,975
You know, it's crazy.
568
00:40:26,000 --> 00:40:28,175
We've been fighting this
for four years,
569
00:40:28,200 --> 00:40:30,335
I go in there, and in five minutes,
it's over.
570
00:40:30,360 --> 00:40:32,335
Well...
571
00:40:32,360 --> 00:40:34,135
It's a good thing.
572
00:40:34,160 --> 00:40:35,535
Yeah.
573
00:40:38,000 --> 00:40:39,855
SIGHS
574
00:40:39,880 --> 00:40:42,135
You ready to go home?
Mm-hm.
575
00:40:42,160 --> 00:40:43,655
Me too.
Let's go.
576
00:40:43,680 --> 00:40:44,695
Yeah.
577
00:40:48,000 --> 00:40:51,775
Horrible things
can happen in minutes
578
00:40:51,800 --> 00:40:56,015
that have life-altering consequences
for lots of people,
579
00:40:56,040 --> 00:40:58,295
and especially the child.
580
00:40:58,320 --> 00:41:00,455
And we wish the child the best.
581
00:41:03,080 --> 00:41:07,295
I know she's not my biological
daughter, but she's safe.
582
00:41:07,320 --> 00:41:11,455
She's alive. She's got her mother.
She's got her little sister.
583
00:41:12,920 --> 00:41:14,535
So...
584
00:41:15,600 --> 00:41:18,855
I guess I just gotta go figure out
what to do with myself.