(phone ringing)
(operator speaking)
(woman speaking)
(operator speaking)
(woman speaking)
(officer speaking)
(woman 1 speaking)
(woman 2 speaking)
That night, you know, it was christmas day.
I was with my family,
Spending time before I leave out of town.
Adam burke: The prosecutor is painting this picture of taiz
As someone who's committed this horrible crime,
But she's saying that she wasn't even there.
Taiz cruz: I was a travel nurse assistant,
Working in covid crisis response.
I don't have anything to hide or prove to anyone,
Other than that I didn't do this.
I'm innocent.
Burke: My name is adam burke. I'm a criminal defense attorney
And I represent taiz cruz.
Taiz is charged with aggravated burglary.
Aggravated burglary
Involves a forcible entry into an occupied residence
With the intention of inflicting bodily harm.
It is a first-degree felony
That carries up to 11 years in prison.
She is accused of helping a close friend of hers
To smash into a home
And beat up the mother of his child.
On christmas day of 2020,
Taiz's best friend and roommate
Was having a custody fight with the child's mom.
He's scheduled to have visitation that evening,
But the mother is withholding his child.
(indistinct conversation)
Burke: The mother is inside the home,
But doesn't answer the door
Either for the police or for the father.
Burke: The mother alleges that she receives a text
From the father,
Threatening that if he does not get
This child handed over to him,
Then they were going to handle it the street way.
And he was going to pay someone $500 to beat her up.
Two intruders were masked,
Wearing dark clothing, came into the residence,
Forced their way into the upstairs bedroom
And physically assaulted the mother and the grandmother
Of this child in front of the child.
This case is based solely on witness testimony.
There is no physical evidence whatsoever
Tying taiz to the crime scene.
The most challenging aspect of this case for the defense
Is that we are going to have witnesses
Who are going to be very adamant that it was her that did this.
The baby's mother and grandmother
Both claim that her mask came off,
And based on that, they were able to identify her.
This is something that taiz has been consistent she did not do.
She wants to be able to prove her innocence through a trial.
So, ultimately, the decision is in the hands of a jury.
She faces a very real possibility
Of a significant amount of time in prison.
Dante. Oreo. Oreo! (clicks tongue)
Being wrongfully accused of a crime like this
Is definitely traumatic
And something I never expected would happen to me.
Come on.
I feel like I walk around with a rainstorm cloud
Following me every single day.
It's a constant worry about your life.
My dogs, dante and oreo.
Honestly, they're my emotional support.
They feel me when I'm sad. They cuddle me when I'm asleep.
Like, I love them. They're my children.
I just wouldn't know what I would do without them.
I was a travel nurse assistant,
Working in different states
On covid crisis response assignments.
When the pandemic began,
I heard there was a job opportunity
For first responders, to, you know, take care of
The patients who are suffering from covid.
So I took it and ran with it.
I did really want to be a nurse
Because my grandmother suffered from cancer.
So we had nurses coming to the house,
Helping her, and I was like,
I wish I could have been the one that helped my grandma,
So it's like I want to help other people.
I can't work as a nurse assistant anymore
Because I can't pass a background check
Because I've been accused of this crime.
If this case doesn't get resolved by this year,
I lose my license.
That's honestly the most devastating thing.
My life does feel like it's on hold.
I really do want it to be over.
Burke: The prosecutor is painting this picture of taiz
As someone who's committed this horrible crime.
Hey, taiz.
-Hi. How are you? -Good, how are you doing?
Why don't you come on back?
But she's saying that she wasn't even there.
So I'd like to sit down with her and hear her side of the story.
What we're looking at is that you're charged with aggravated burglary,
Which is a legal term for a home invasion.
The prosecution is alleging that you and another person
Smashed through the rear sliding glass door of the home,
And beat the child's mother
And grandmother in front of this child.
Why don't you tell me what you were doing christmas night?
That night, you know, it was christmas day.
I was with my family spending time
Before I leave out of town.
And when did you leave?
So, I actually had to leave later on that night,
Around like 9:00 or 10:00, to hit the road
To go to phoenix on my nursing assignment.
Before you left, did you ever leave your mom's house?
No, not that I recall.
Honestly, no.
And you had family members with you the whole night?
Yeah. Like I said, it was christmas.
My whole family was there.
The state is going to argue
That you were one of the perpetrators
And that you were put up to this by the child's father.
Tell me a little bit about your relationship
With the child's father.
We became friends in, like, June 2019.
We were inseparable, you know, we did everything together.
We lived together, worked together.
I knew his family, he knew my family, I knew his son.
His son was around once a week on wednesdays.
Yeah. We were just close.
Burke: But no romantic involvement?
No, no, we were completely platonic.
So, what about the child's mother?
Cruz: I've only ever met her one time
When she dropped her son off
At my house to be with his dad.
I just don't think she liked that he had female friends
Or a female friend who was his close friend.
What's your understanding of the whole custody situation?
From what I know,
It was christmas and he was supposed to get his son.
And his baby mom was keeping the baby away from him.
I know they did get into an argument.
But I don't know what occurred after that.
I really, honestly, didn't have a clue what was going on
Until I got arrested.
I was, um, in phoenix.
I was working out there in the hospital.
And I was driving to work.
And I actually got hit by a semi-truck.
So my car was totaled.
The responding officer was actually going to drop me off.
And then over the intercom, I heard them say
That I had a warrant.
I was just in so much confusion and shock.
I was completely by myself.
I was scared.
I know I didn't want to go to jail.
It was just like one of the most traumatic experiences.
On top of being hit by an 18-wheeler.
Burke: It's important that you understand
The possibility of prison time in this case is very real.
Aggravated burglary is a first-degree felony.
So that is the most serious offense level short of murder.
So you're facing anywhere
From three up to 11 years in prison.
It's a lot of emotions.
It's a lot to wrap my head around.
The only thing I can do is be positive.
Burke: This is a case where there's no physical evidence.
We are starting off with taiz
Having an alibi in the form of family members
Who are going to testify
That she was with them on christmas evening.
So we have to take a very critical look
At the eyewitness testimony against her
And look at reasons why they would be placing her there
When she says that she wasn't there.
Hey, meis, I got this bodycam footage.
You wanna have a look?
Yeah, let's do it.
Some of the only evidence in this case
Is two alleged victims
Identifying taiz cruz as being the perpetrator
Of this home invasion.
It's certainly a concern
Whenever you have a serious allegation like this,
And people that are very adamant
That it's your client that did this.
Officer: All right.
That's not great, that she identifies taiz immediately
When the cops get there.
I think it's gonna be clear that maybe mom and grandma
Thought it was taiz from the very beginning,
And in that sense, they have been consistent,
So that's something we'll have to address
With the jury for sure.
However, mom is saying, "I know her voice,"
And grandma keeps chiming in, "no, you saw her, you saw her."
Meis: Yeah, if you saw her face, you wouldn't say,
"I recognize that bitch's voice."
-Right. -You would say,
"I recognize that bitch's face."
I don't think mom saw anyone.
I don't think she saw a mask come off.
I think grandma keeps adding that and reminding her.
-That's interesting. -Meis: Uh-huh.
Burke: The whole case is based on an identification,
From the alleged victims in this case.
It's gonna be important for me
To make sure that taiz's alibi is airtight,
Because if it's compromised in any way,
That could be enough for a jury to find her guilty.
Burke: I'm listening to betzy's interview with the detective.
It's problematic because there's a potential hole
In taiz's alibi here.
The detective asks if at any time taiz had left,
And betzy says she may have left to go to the store.
He asks, well, "how long was she gone for?"
"I don't know."
When did she leave? She doesn't recall.
The prosecutor's gonna say
If she had time to go the store,
She had time to commit this home invasion.
That's a huge problem.
So, I need to retrace the path
That taiz would have had to have taken
To have done the home invasion.
The first location is taiz's mom's house.
Automated voice: Your destination is on the left.
This is where I would want
To start the clock for our trip over to the crime scene.
Getting a feel for where the locations are,
Where things were alleged to have occurred
I think it can be very useful.
The more you immerse yourself in the case, the better.
Automated voice: In 600 feet,
Your destination will be on the left.
Burke: So we've arrived at the neighborhood of the crime scene.
It looks like the whole trip would have taken about an hour,
Just the drive time,
Not counting doing a home invasion.
I need to talk to taiz's mom to see if she remembers
How long it might have taken taiz to go to the store.
I'm hoping to be able to show
That there was just no feasible way
For taiz to have participated in this home invasion.
Cruz: Today, I'm having my parents over for dinner.
My family and my siblings are first-generation americans,
So I always want to make them proud.
I don't want to have them think
I could've did something so terrible,
And I don't think they deserve
The burden of my troubles or my obstacles.
Hey, come in.
(kissing)
(chuckles softly)
Like the sausages you put in there.
Whereas now, you can't even continue your school, right?
No. 'cause I have an open case.
I can't do anything.
That's the hard part.
You not being able to continue where you were heading.
Hopefully, after all of this is done,
I'll be able to go back to traveling.
-Betzy: Going back to school. -Yeah.
How can somebody's life change
For "he said, she said."
She needs to get that through her head,
That her mom and dad are the only ones...
We're only ones there for her, no matter what.
(kisses) see you guys later.
She had so many dreams. Now everything's on hold.
She's changed.
A lot.
I need my baby back.
Burke: I'm getting ready to meet with betzy, taiz's mom.
There's some questions I need to ask her
About some of the statements she made to the detective.
-Betzy, how are you doing? -Good.
Okay, good. I'm planning on calling you
As an alibi witness for taiz.
At some point, you gave a statement to the detective.
His question to you was,
Was there any time that taiz wasn't there?
You said maybe to go to the store.
And then you also said
That you didn't know what time she'd left,
What time she'd came back, and how long she was gone.
That's going to be very important for us to address,
Because I'm fully expecting the prosecutor
To zero in on that as being a big hole in taiz's alibi.
Just tell me what you recall or what you know
About what happened
At that point when you believed taiz had left for the store.
I was looking for her
At one point and I couldn't find her,
So I thought she had stepped out to the store.
Do you recall what time?
-I don't recall the time. -Okay.
Later on, I spoke to my son and he said in the moment
That she stepped out anywhere that they were outside smoking.
In your interview with the detective,
You said that you thought she had stepped out for the store
But you don't believe that's the case anymore?
Correct. She didn't go nowhere.
Burke: Okay. How long was she gone for?
About 15, 20 minutes.
-Burke: How do you know that? -My son told me.
We'll get to work and we'll stay in contact with you.
-Okay. Thank you. -Burke: All right.
All alibis from family members are gonna be suspect
Because they have a built-in bias for their family member.
This case comes down to witness testimony.
It's family versus family.
The alleged victim's family
Saying that taiz was one of the people
That invaded their home,
Versus taiz's family,
Who says that taiz was at home with them.
It all comes down to which family
The jury finds to be most credible.
Burke: Trial is right around the corner.
So, we're right now, uh,
Getting ready to do a focus group.
The value of having a focus group is to get some handle on,
Does she stand a good chance at trial?
My expectation would be that this experience
Is going to make what a trial will be like real for taiz.
I think that's going to be
Something that should weigh heavily on her.
This case is about terror,
The terror that a family suffered on christmas evening
At the hands of the defendant, in this case, taiz cruz.
Cruz forcibly entered this occupied home
For the purpose of committing an assault.
The alleged victims in this case are absolutely certain
That it was taiz cruz that perpetrated this home invasion.
The toddler recognized miss cruz's voice
And he speaks her name in the midst of this attack.
When the detective in this case gave miss cruz
A chance to clear her name
By submitting her phone for forensic analysis,
She declined to do so.
Miss cruz has family members
Presenting themselves as her alibis.
These are people that are all biased,
Trying to protect her from the consequences of her actions.
You will find that the defendant, taiz cruz,
Is guilty of aggravated burglary.
Thank you.
There's no physical evidence
Linking the defendant to the scene.
Additionally, the defendant had an alibi,
She was at her mother's home from christmas eve
Until christmas day.
She had plans to leave town that night,
To start a new job.
So, the defendant drops all of that promptly
To say, "yes, I'll break into the mother's house.
"I'll drop everything I have going for me."
Just ask yourself if that make sense.
The prosecution has the burden to prove this case
Beyond a reasonable doubt,
And if you have any doubt at all,
You must return a verdict of not guilty. Thank you.
Those are the facts that the jury will hear.
Let's proceed on and start getting some of your thoughts.
Why didn't she turn over her cell phone over to the police?
How many people blame the defendant
For not producing that information?
Woman 1: I don't know if I blame her,
But an innocent person
Is willing to prove that they're innocent
By giving their phone.
What I make up is that she wouldn't give up her phone
'cause she didn't want to incriminate herself.
The identification the mother was able to make,
She said, "I recognize that bitch's voice,"
Yet she also claims she saw her face.
The first thing I would've told the police
Was the ski mask came off and I saw the lady.
That would be, to me, the most important thing
That I would want to communicate.
(woman 2 speaking)
I would like to hear some background on the credibility
Of the defendant herself.
Has she had a previous history of this sort of activity?
She doesn't have a record. Is that important?
Man: Yes. Woman: Yeah.
She doesn't have any record,
And nobody has established that she has a violent pattern.
Are you gonna go assault somebody?
What's the strongest evidence
That she was, in fact, in that house?
All: The little boy. Man: Yeah.
Woman: Called her by her name.
There's a credibility issue on both sides... The mother...
Cruz: It was eye-opening,
Having people who don't know you judge you.
It was really, not upsetting,
But a little uneasy feeling, a little bit.
Burke: The mother and grandmother are claiming
That this toddler said taiz's name and identified her.
It's very important to hear that the focus group considered that
To be the strongest piece of evidence against her.
Obviously, a toddler is not going to be able
To get up on the witness stand.
Because of their age, they're considered
To be incompetent as a witness,
So we want the challenge the admissibility of that evidence.
But also, the fact that taiz was unwilling
To give her phone to law enforcement.
In reality, her whole life is on her cell phone
And as her attorney, it would have been a mistake
For me to advise her to turn that over
Without a warrant.
She has a right to privacy,
Even if she's been accused of a heinous crime.
Are we all understanding what we're going to vote on?
-Mm-hmm. -Yeah.
All right, john, I'm going to turn it over to you for a little bit.
(camillus speaking)
Shroyer: No hands.
(camillus speaking)
Man: I think out of the scenario that we heard,
She's the most likely person to have done it.
But just because she's the most likely person to have done it
Doesn't mean she's the person that did it.
Woman: I totally agree with you.
I would not say that she did it
Because reasonable doubt is still there.
Burke: None of them were willing to say
That they believed the prosecutor
Would be able to prove her guilt beyond a reasonable doubt.
However, there was some suspicion
That she was the most likely person
To have committed this offence.
Cruz: Hearing the mock jury say
That there wasn't enough evidence to convict me,
That gave me, kind of, hope
That the real jury will pick the right verdict.
I'm prepared to risk all consequences
And go to trial.
I don't have anything to hide or prove to anyone
Other than that I didn't do this.
Come here.
I hope that the jury sees that I'm innocent.
Burke: Today, we have a hearing on our motion
To exclude evidence in front of the jury.
Here we go. Go on, grab some copies.
These two pieces of evidence was very powerful
As far as jury focus group was concerned.
The first is, we want to exclude
Comment from either the witnesses or the prosecutor
In reference to this toddler supposedly
Identifying taiz at the scene.
It really wouldn't be fair to taiz
To let an otherwise
Inadmissible identification come into evidence.
The other issue is my advice
That she should not let this detective go through her phone.
The concern now is that the prosecutor
Is going to point to that
As evidence that she somehow has something to hide.
Today is the day for the judge to decide,
Is he gonna allow the jury to hear about these issues?
I was a little disappointed
With the judge's ruling on the cell phone.
I felt like the law was on our side,
But if I had to pick one of the issues to win on,
We won on the one that I thought was most important.
That's a good day.
So, I kind of just, like,
Jokingly threw out an offer and he kind of said,
"give me something and I'll take it to the family."
Something is causing him
To reevaluate his position on the case.
Maybe he's having some issues
With his witnesses not wanting to come to court,
But whatever the reason is, I think we got to talk to taiz,
Because that's a hard thing to say no to,
Considering she's looking at 11 years.
The question is,
Is taiz going to take that offer seriously?
I'm not so sure that she will.
Burke: Now that the prosecutor is making what I would consider
To be a very substantial plea as a resolution to the case,
Today, I'm going to talk to taiz and her mom
About what's been offered.
Good to see you.
And that she really understands
The risks of whatever decision she makes.
So right now, you're faced with a first-degree felony
That carries up to 11 years in prison.
The prosecutor right now is agreeing to a reduction
In the charge that you are facing,
Of a fourth-degree felony, or an f4,
Which carries only 18 months
Total possible jail or prison time.
It would also be a non-violent felony.
So, it's something that doesn't have to follow you
For the rest of your life as a criminal record.
There is one exception to that.
Certain types of work, uh,
Including your medical field,
They can still pull that up as part of a background check.
So what do you think?
Well...
I still want to go to trial, to be honest.
If there's a possibility
That I can walk away the same person I was
Before this happened, then I want to take that.
I feel like if I don't take the chance,
Then I'll never know.
I don't want to look back at this moment and wonder,
Did I do enough to try to persuade you
To take the opportunity
To limit the worst that can happen to you.
It's your decision.
I'm here to support you, 100 percent.
Just remember, 11 years
-Is a long, long time. -I feel like, I don't think...
I mean, I could think all day about the options,
But honestly, like, I got tunnel vision.
I'd encourage you to continue to think about it,
Talk with your family.
-Thank you. -You're welcome.
Betzy: It's the rest of her life
But she also has to think of everyone else in her life.
I wish, um,
She would take the time and think about everything.
I'm definitely gonna weigh out my options,
Talk about it with my family members,
You know, the people closest to me.
But I'm pretty straightforward with my decision
And I'm sure we are going to go to trial.
I've been thinking a lot about the plea bargain.
My parents, they had their differences
On what I should do.
My father, he believed that I stood a greater chance
Going to trial, you know,
And fighting my chances to win.
If I do go to trial,
One of the pros is I do have the possibility
Of not being convicted and go back to nursing.
I feel like the case is still on my side.
But my mom is more convinced towards the plea.
There is still a possibility,
Putting my life in 12 people's hands,
I could get convicted and serve time in prison
And then always have this charge on my record
For the rest of my life.
That's all I've been thinking about, honestly.
It's been living in my head rent-free.
Burke: I don't know if taiz will reconsider or not.
She's been very adamant
That she wants to go forward with her trial.
I do question whether she's ever fully grasped
The gravity of the possible consequences that she is facing.
For a 23-year-old facing 10 or more years in prison,
That's some of the most important years of her life
That she potentially would be giving away.
If you play russian roulette,
You've got a good chance of winning,
But if you lose, it's major consequences.
Look, sit. Sit.
Cruz: I really sat and I weighed out my options
And thought about the possibility of either outcome.
I'm feeling pretty confident in my decision.
(cell phone ringing)
Adam burke speaking.
Hey, adam. How are you doing?
(burke speaking)
So I called you because I just kind of wanted to talk to you
About, um, what I'm leaning towards as far as plea.
Okay.
(cruz speaking)
I'm kind of leaning towards taking it.
(burke speaking)
(cruz speaking)
I'd rather it continue to temporary, um,
Put a hold on my life than permanently.
(burke speaking)
I think you are saving yourself
From the worst that can happen here.
Is that what you want to do?
Yeah, I'm thinking so.
(burke speaking)
All right, thank you, I'll talk to you soon.
-(burke speaking) -all right, bye-bye.
I still could face up to 18 months in jail.
But 18 months is a lot less than 11 years.
There's a possibility that I could go to back to nursing.
And that's a risk I'm willing to take.
I'm not going to say I took the plea
To claim that I'm guilty or not.
It just was the best option for me at this moment.
I'd rather let my career be taken away from me
Temporarily than forever.
Burke: I'm a little surprised taiz changed her mind.
But nothing is ever certain until, um,
We actually have the plea done in court.
And so, there is always a possibility
That she changes her mind again.
I'm hopeful that that won't happen
Just because I do think she is making the right decision here,
But you just never know.
Judge: State of ohio v. Taiz cruz.
21cr1448.
It appears we have the defendant and all counsel present.
Give me the facts, would you, counsel?
Your honor, this occurred during the evening
Of December 25th, 2020.
Two unknown people forced open the door
Of the bedroom where the victims were hiding and assaulted them.
Miss cruz was later arrested
And cited with no further incident.
Judge: Okay.
Miss cruz, you are pleading guilty this morning
Rather than pressing ahead with your jury trial,
And your guilty plea is to trespass in a habitation.
The penalty for that could be
As much as 18 months in state prison.
Is that what you understand your plea is today?
Yes, sir.
Judge: Miss cruz, you have about five more minutes
In which you can tell me,
"judge, forget it, I want to have a trial,
"I don't want to plead guilty."
This plea form gives up your right to have a trial
Either with just me or with a jury of 12 people.
Are you satisfied?
Yes, sir.
I'll accept your change of plea, then.
I'm satisfied this morning,
Miss cruz is proceeding knowingly,
Intelligently and voluntarily.
And I find her guilty of the f4.
Bonds continued pending sentencing.
All right, thank you, all.
Cruz: It was sad hearing the judge say I was guilty,
Considering I was in the medical field.
I hope it does affect his sentencing in a positive light.
I'm just hoping I just don't
Get a sentencing that leaves me in jail.
The fewer piercings, the better.
These are not coming out. These I have to keep in.
Burke: You ready to go do this?
Hi, betzy. How are you doing?
They've got her in a holding cell right now.
And then she's going to be taken over to the jail
Over at jackson pike, the workhouse.
Were you able to talk to her?
Yeah, I was able to talk to her.
She seems like she's holding up all right, you know.
The best thing for taiz to do now
Is to get done with her days in jail,
Get done with probation.
And then restart her career and her life.
I'm feeling destroyed right now.
What parent wants their kids to be locked up?
Cruz: It's really important for me
Not to be a felon the rest of my life.
It definitely makes me want
To second-guess everything that I do in life
Because I'd hate to have to go
Through anything like this again.