1 00:00:11,244 --> 00:00:13,262 (line dialing) 2 00:00:14,148 --> 00:00:15,531 (dispatcher speaking) 3 00:00:15,533 --> 00:00:16,598 (man speaking) 4 00:00:18,152 --> 00:00:19,151 (dispatcher speaking) 5 00:00:19,153 --> 00:00:20,644 -(man speaking) -(dispatcher speaking) 6 00:00:23,240 --> 00:00:24,398 (man speaking) 7 00:00:27,327 --> 00:00:28,676 Kristina kerlus: The autopsy came back. 8 00:00:28,738 --> 00:00:32,906 It was homicide, and they think, you know, they're accusing you. 9 00:00:33,025 --> 00:00:35,517 And I remember this feeling in my stomach. 10 00:00:35,578 --> 00:00:36,702 I just buckled. 11 00:00:41,308 --> 00:00:44,375 The prosecution believes 12 00:00:44,377 --> 00:00:48,663 Kristina decided to shake her baby so violently 13 00:00:48,782 --> 00:00:51,341 That ultimately, it led to the baby's death. 14 00:00:56,323 --> 00:00:58,390 Kerlus: To lose your baby, like... 15 00:00:59,602 --> 00:01:00,951 I can't grieve. 16 00:01:00,978 --> 00:01:03,604 I'm facing life in prison. 17 00:01:18,378 --> 00:01:19,794 Ryan helmick: My name is ryan helmick. 18 00:01:19,796 --> 00:01:22,414 I'm a las vegas criminal defense lawyer. 19 00:01:22,533 --> 00:01:24,415 I represent kristina kerlus. 20 00:01:24,417 --> 00:01:26,776 She's being charged with first degree murder 21 00:01:26,837 --> 00:01:29,797 For murdering her own baby. 22 00:01:29,915 --> 00:01:31,340 If convicted of that, 23 00:01:31,458 --> 00:01:35,794 You can face life in prison without the possibility of parole. 24 00:01:35,912 --> 00:01:36,987 It's one of the worst things 25 00:01:37,014 --> 00:01:38,797 That can possibly happen to somebody. 26 00:01:38,915 --> 00:01:41,642 One of the biggest nightmares somebody could ever be in. 27 00:01:48,959 --> 00:01:50,442 In the morning of October 5th, 28 00:01:50,561 --> 00:01:53,094 -Kristina has to go to work. -(kerlus laughing) 29 00:01:53,096 --> 00:01:54,113 Kerlus: Hi, baby. 30 00:01:54,231 --> 00:01:57,566 Helmick: And so, the father of jocai wakes up. 31 00:01:57,684 --> 00:01:59,401 The baby's cranky, fussy. 32 00:01:59,519 --> 00:02:02,671 He puts the baby in the bassinet and tries to feed him. 33 00:02:02,673 --> 00:02:04,923 Now, at this particular point in time, 34 00:02:04,925 --> 00:02:06,350 Jocai is not acting normal. 35 00:02:06,377 --> 00:02:08,168 He begins to start falling asleep 36 00:02:08,287 --> 00:02:10,262 And his eyes start to roll in the back of his head. 37 00:02:10,264 --> 00:02:13,674 And so, jaevone is getting worried. 38 00:02:16,345 --> 00:02:17,752 He calls 911. 39 00:02:17,871 --> 00:02:20,755 They're guiding him through the process of cpr on the baby. 40 00:02:20,874 --> 00:02:23,775 As soon as kristina is called, she rushes back to the house. 41 00:02:23,777 --> 00:02:26,595 Then she follows the ambulance to the hospital. 42 00:02:26,755 --> 00:02:32,450 She gets to the hospital and, uh, they're trying to save jocai's life. 43 00:02:32,452 --> 00:02:34,711 When the baby was taken into the emergency room, 44 00:02:34,738 --> 00:02:38,373 The er doctors identified three symptoms 45 00:02:38,375 --> 00:02:42,870 That could be indicative of shaken baby syndrome. 46 00:02:53,832 --> 00:02:56,291 The reason that they chose her, 47 00:02:56,409 --> 00:03:01,229 As opposed to, um, her boyfriend, jaevone, 48 00:03:01,231 --> 00:03:03,015 Who was the last person with the baby 49 00:03:03,133 --> 00:03:08,120 Is because of pictures that she took that showed in their eyes, 50 00:03:08,122 --> 00:03:12,858 That she must have done something to the baby because the baby looks off. 51 00:03:19,432 --> 00:03:21,950 I love you. I love you. 52 00:03:27,391 --> 00:03:31,009 Helmick: The second picture, the baby's head-down, and is asleep 53 00:03:31,011 --> 00:03:33,011 And there's a shadow on the baby. 54 00:03:33,013 --> 00:03:38,592 The detectives' position is that the baby appeared to be abnormal. 55 00:03:40,045 --> 00:03:43,388 The prosecution's theory of the case 56 00:03:43,507 --> 00:03:45,782 Is that within those two hours 57 00:03:45,809 --> 00:03:51,379 Kristina decided to shake her baby so violently 58 00:03:51,440 --> 00:03:54,107 That it ultimately led to the baby's death. 59 00:03:55,702 --> 00:03:57,869 I decided to take on this case 60 00:03:57,871 --> 00:04:03,500 Because, really, the injustice of what was taking place. 61 00:04:03,502 --> 00:04:06,453 You've been charged with murdering your baby. 62 00:04:06,571 --> 00:04:11,166 And so now you have to fight for your life from being taken away. 63 00:04:12,552 --> 00:04:17,047 So the stakes are as high as it gets for kristina. 64 00:04:30,387 --> 00:04:32,312 Kerlus: Wow, this is so cute. 65 00:04:36,676 --> 00:04:39,169 So this right here is jocai. 66 00:04:39,196 --> 00:04:41,095 He is my youngest. 67 00:04:41,156 --> 00:04:43,248 He'd be five years old this year. 68 00:04:43,250 --> 00:04:44,766 I remember this day. 69 00:04:44,827 --> 00:04:48,512 I had just given him a bath, and then I put this little outfit on him. 70 00:04:48,539 --> 00:04:51,014 (chuckles) he was so happy. 71 00:04:51,375 --> 00:04:52,824 He loved baths. 72 00:04:53,427 --> 00:04:55,043 Definitely a water baby. 73 00:04:58,098 --> 00:05:02,767 Jocai was born July 17th, 2018. 74 00:05:02,769 --> 00:05:05,637 It's one of the best days of my life. 75 00:05:06,940 --> 00:05:11,368 And then, uh, two months later, on October 5th, 76 00:05:11,395 --> 00:05:14,479 Everything, all that happiness... 77 00:05:16,233 --> 00:05:17,782 Was gone. 78 00:05:17,784 --> 00:05:19,901 Um, my son was rushed to the er. 79 00:05:21,004 --> 00:05:23,280 And then he passed away on October 7th. 80 00:05:26,243 --> 00:05:30,037 And then my children were taken away from me that same day. 81 00:05:42,484 --> 00:05:45,810 Nine months later, I remember ryan called me 82 00:05:45,812 --> 00:05:48,071 And said the autopsy came back 83 00:05:48,098 --> 00:05:51,424 And, um, they'd, you know... 84 00:05:51,543 --> 00:05:52,683 It was homicide, 85 00:05:52,685 --> 00:05:55,745 And they think, you know, they're accusing you. 86 00:05:55,773 --> 00:05:58,339 And I remember this feeling in my stomach. 87 00:05:58,400 --> 00:05:59,733 I just buckled. 88 00:06:08,819 --> 00:06:11,252 But to have to go through everything at once, 89 00:06:11,254 --> 00:06:14,989 Like, the loss of your baby, your children being taken 90 00:06:15,108 --> 00:06:18,710 And being falsely accused of murder, all in one. (sobs) 91 00:06:20,238 --> 00:06:21,505 It broke me. 92 00:06:23,116 --> 00:06:24,608 I can't grieve. 93 00:06:24,635 --> 00:06:27,352 Like, you can't grieve while you're fighting something like that. 94 00:06:27,354 --> 00:06:29,930 Like, I'm facing life in prison. 95 00:06:32,192 --> 00:06:33,266 (sniffles) 96 00:06:35,044 --> 00:06:36,895 This is a pain like no other. 97 00:06:38,047 --> 00:06:39,689 Nothing can top this. 98 00:06:51,194 --> 00:06:52,727 Helmick: Today, we're going to meet with kristina 99 00:06:52,788 --> 00:06:55,196 So I can sit down with her and talk to her 100 00:06:55,315 --> 00:06:59,543 About exactly what took place in chronological order. 101 00:07:01,796 --> 00:07:04,022 Helmick: There she is. Hey, how you doing? Kerlus: Hey. 102 00:07:04,024 --> 00:07:05,573 Kerlus: Good. How are you? Helmick: Good to see ya. 103 00:07:05,634 --> 00:07:07,375 -Kerlus: Good to see you, too. -(helmick clears throat) 104 00:07:07,494 --> 00:07:09,719 Helmick: All right, you ready to sit down and talk? Kerlus: Yeah. 105 00:07:12,975 --> 00:07:14,174 (helmick sighs) 106 00:07:14,292 --> 00:07:16,826 Helmick: So, let's go to October 4th. 107 00:07:16,854 --> 00:07:18,711 Kerlus: So, October 4th, um, 108 00:07:18,730 --> 00:07:23,066 -I was at work and I came home. -Helmick: Mm-hmm. 109 00:07:23,226 --> 00:07:25,910 Jaevone ended up leaving to handle his errands. 110 00:07:25,912 --> 00:07:28,596 Before he came home, he had asked me, "oh, what are you guys doing?" 111 00:07:28,657 --> 00:07:31,098 So, um, I told him that, you know, the kids are chilling. 112 00:07:31,160 --> 00:07:34,828 Um, and I sent him a video of me and jocai, you know, playing, dancing. 113 00:07:34,946 --> 00:07:36,270 Helmick: Yeah. Kerlus: Um, a video of me and him 114 00:07:36,331 --> 00:07:38,081 Singing the barney song, I love you. 115 00:07:39,426 --> 00:07:41,442 Two hours later, I turn and look at him. 116 00:07:41,503 --> 00:07:42,927 He fell asleep. 117 00:07:42,929 --> 00:07:46,614 And I took a picture of jocai and I sent it to, um, jay. 118 00:07:46,675 --> 00:07:49,050 -And I'm like, he finally fell asleep, like, slumped. -Helmick: Yeah. 119 00:07:51,305 --> 00:07:54,506 And, um, the next morning I wake up jay, and I'm like, 120 00:07:54,624 --> 00:07:58,109 When jocai wakes up, he's gonna be hungry 'cause he hasn't eaten. 121 00:07:58,111 --> 00:08:00,127 The last time I fed him was, like, 2:00 in the morning. 122 00:08:00,189 --> 00:08:01,796 -Helmick: Yeah. -So, um, 123 00:08:01,857 --> 00:08:03,781 I told him, "have a bottle ready for him." 124 00:08:03,783 --> 00:08:06,151 -And then I leave and take kyrie to school. -(helmick clears throat) 125 00:08:07,287 --> 00:08:08,528 Helmick: And then what happens? 126 00:08:09,289 --> 00:08:10,989 Before you even get to work. 127 00:08:13,035 --> 00:08:14,626 Jaevone calls me. 128 00:08:14,628 --> 00:08:18,163 And, um, he called me a couple times, but I don't see his call. 129 00:08:19,208 --> 00:08:20,373 And, um, 130 00:08:21,752 --> 00:08:24,728 He just kept saying, "he's gone, he's gone." 131 00:08:24,755 --> 00:08:26,487 And I'm like, "who's gone? What are you talking about?" 132 00:08:26,548 --> 00:08:27,956 And he was like, "jocai." 133 00:08:28,074 --> 00:08:31,492 I'm like, "you need to hang up with me and call 911 right now." 134 00:08:31,553 --> 00:08:34,738 So I drive to summerlin hospital, and I run inside. 135 00:08:34,765 --> 00:08:37,407 They take me to a room where, you know, they have him. 136 00:08:37,434 --> 00:08:40,985 And I... They're immediately trying to keep resuscitating him. 137 00:08:40,987 --> 00:08:44,064 -Helmick: And you can see all this? -Yeah, I see everything. (sobs) 138 00:08:46,401 --> 00:08:50,654 Kerlus: There was so many people in there. Helmick: Trying to help jocai? 139 00:08:51,764 --> 00:08:52,739 Yes. 140 00:09:00,440 --> 00:09:02,599 Kerlus: So, after jocai was born, 141 00:09:02,626 --> 00:09:04,768 I got a phone call from the hospital 142 00:09:04,795 --> 00:09:06,511 Saying that his blood work came back 143 00:09:06,513 --> 00:09:09,847 And his hemoglobin levels were abnormal. 144 00:09:09,849 --> 00:09:12,842 Um, and that he, you know, had sickle cell trait. 145 00:09:24,547 --> 00:09:31,703 Helmick: When do you start noticing differences in jocai's behavior? 146 00:09:31,705 --> 00:09:33,129 Kerlus: Close to the end of September, 147 00:09:33,156 --> 00:09:37,859 I started noticing that he was acting, um, more fussy. 148 00:09:37,977 --> 00:09:43,381 He was, um, not eating as much, and he was not really sleeping as much, either. 149 00:09:43,383 --> 00:09:45,049 And he was projectile vomiting. 150 00:09:45,051 --> 00:09:47,201 It wasn't like a 24-hour thing, every single day. 151 00:09:47,320 --> 00:09:50,313 So I wanted to talk to the pediatrician, like, maybe he's just colicky. 152 00:09:50,340 --> 00:09:52,148 Maybe it's nothing serious. 153 00:09:52,175 --> 00:09:54,892 And you already had an appointment scheduled for October 5th. 154 00:09:54,894 --> 00:09:56,210 Kerlus: Yes. Helmick: Okay. 155 00:09:56,329 --> 00:09:58,488 So we have to show the prosecutor 156 00:09:58,515 --> 00:10:00,064 That jocai died of natural causes. 157 00:10:00,066 --> 00:10:03,226 Because what they say... It couldn't be more false. 158 00:10:03,711 --> 00:10:04,728 Yes. 159 00:10:07,316 --> 00:10:13,594 Kerlus: I can't believe that I'm being charged with first-degree murder. 160 00:10:13,655 --> 00:10:19,701 My biggest worry is going to trial and it not going as planned. 161 00:10:20,853 --> 00:10:23,905 Um, I do have kids, young kids, 162 00:10:24,023 --> 00:10:28,234 And I can't see myself sitting behind bars 163 00:10:28,253 --> 00:10:29,336 And not... 164 00:10:31,264 --> 00:10:33,690 And not being able to be a mom to them 165 00:10:33,717 --> 00:10:38,553 Or not being able to be part of their lives. 166 00:10:59,651 --> 00:11:04,204 What we're gonna do right now is we're going to look at the, uh, autopsy report 167 00:11:04,322 --> 00:11:07,557 And, uh, the coroner's report 168 00:11:07,584 --> 00:11:11,378 To basically see what their theory of the case is. 169 00:11:11,496 --> 00:11:16,216 And to see why they believe, uh, that this was a homicide. 170 00:11:25,435 --> 00:11:29,336 They're saying, number one, there was bleeding between the layers of the brain. 171 00:11:29,398 --> 00:11:31,064 -Okay? -Renteria: Yeah. 172 00:11:31,182 --> 00:11:36,477 Helmick: Swelling of the brain and then, bleeding behind the, uh, back of the eyes. 173 00:11:36,596 --> 00:11:40,440 Three, uh, symptoms of shaken baby syndrome. 174 00:11:40,558 --> 00:11:42,951 And so that's when they call in the detectives. 175 00:11:49,492 --> 00:11:54,587 The first doctor to rule it a homicide is the autopsy doctor. 176 00:11:54,706 --> 00:11:57,424 What they're saying here is that the baby 177 00:11:57,542 --> 00:12:00,334 Had blunt force trauma to the head and neck trauma. 178 00:12:00,453 --> 00:12:03,596 Blunt force trauma is, uh, in my view, 179 00:12:03,715 --> 00:12:06,599 Is that the baby was hit with something 180 00:12:06,718 --> 00:12:09,102 -Uh, in the head, you know. -Renteria: Right. 181 00:12:09,220 --> 00:12:12,013 Blunt force by some sort of an object. 182 00:12:12,131 --> 00:12:16,276 Likewise, neck trauma would mean an injury to the neck. 183 00:12:16,394 --> 00:12:18,945 They're saying the baby was shaken. 184 00:12:19,063 --> 00:12:20,354 How are you gonna handle that? 185 00:12:20,473 --> 00:12:22,449 Because a jury would think blunt force. 186 00:12:22,567 --> 00:12:26,043 You would think bruising, you would think a laceration, 187 00:12:26,045 --> 00:12:27,954 Um, bleeding, blunt force. 188 00:12:28,072 --> 00:12:30,898 -Abusive blunt force calls for that. -Helmick: Right. 189 00:12:30,959 --> 00:12:35,837 -But yet there isn't abrasions, bruises, bleeding. -Helmick: Mm-hmm. 190 00:12:41,252 --> 00:12:43,711 We don't have any external injuries whatsoever. 191 00:12:43,830 --> 00:12:46,639 But yet the baby was shaken so violently 192 00:12:46,758 --> 00:12:49,826 That it was killed by the shaking. 193 00:12:49,853 --> 00:12:51,661 That it caused all these symptoms 194 00:12:51,688 --> 00:12:53,571 By the violent shaking. 195 00:12:53,573 --> 00:12:58,059 The jury is going to sit there and hear "abusive head trauma." 196 00:12:58,177 --> 00:13:01,988 All of those traumatic words mean they're out for blood, right? 197 00:13:02,106 --> 00:13:03,823 -Who did it? -Helmick: Right. 198 00:13:03,942 --> 00:13:08,620 From the beginning of the trial, we'll be the underdogs. 199 00:13:09,706 --> 00:13:12,240 We know this baby was not murdered. 200 00:13:12,358 --> 00:13:14,800 And so the biggest challenge for us 201 00:13:14,802 --> 00:13:20,706 Is to have our own experts look at the case 202 00:13:20,825 --> 00:13:24,085 And have them show, unequivocally, 203 00:13:24,203 --> 00:13:26,554 That the baby died of natural causes. 204 00:13:39,619 --> 00:13:42,737 Now, take that paper and underneath "carts," write "barn." 205 00:13:43,982 --> 00:13:46,533 Good job. All right. Now we're gonna do a new word. 206 00:13:47,126 --> 00:13:48,910 -Card. -Kerlus: Card. 207 00:13:49,729 --> 00:13:50,745 (boy sighs) 208 00:14:04,135 --> 00:14:05,885 Kerlus: There you go. Good job. 209 00:14:06,004 --> 00:14:08,221 Mm. It's gonna taste all good 'cause of you. 210 00:14:09,340 --> 00:14:11,332 Chef kairo in the building. 211 00:14:11,393 --> 00:14:15,294 I'm very limited on what I can and can't do when it comes to the kids. 212 00:14:15,313 --> 00:14:18,273 Um, all my visitation has to be supervised. 213 00:14:21,019 --> 00:14:24,946 So I'm here for a couple hours after they get out of school. 214 00:14:25,523 --> 00:14:28,316 Cook, homework. 215 00:14:28,434 --> 00:14:30,785 You know, mom stuff, and then head off. 216 00:14:31,888 --> 00:14:33,788 Kind of the new norm, nowadays. 217 00:14:35,533 --> 00:14:37,325 Davis: Six fingers. 218 00:14:37,443 --> 00:14:40,486 All right. Now, add two. How many you got? 219 00:14:40,505 --> 00:14:41,963 -Eight. -Davis: There you go. 220 00:14:42,424 --> 00:14:44,591 Okay, good. 221 00:14:47,211 --> 00:14:49,929 -Okay, go put your computer upstairs and charge it. -(davis speaking indistinctly) 222 00:14:50,048 --> 00:14:54,750 Davis: I'm the father, so the boys need that motherly love. 223 00:14:55,403 --> 00:14:57,327 I'm more tougher. (laughing) 224 00:14:57,329 --> 00:14:59,572 And she... She gets a knack for it. 225 00:14:59,574 --> 00:15:03,676 But, you know, at the same time, I know that she's hurting inside. 226 00:15:03,695 --> 00:15:06,354 I know that she wants to do so much, 227 00:15:06,472 --> 00:15:08,990 But, you know, it's only so little that she can do. 228 00:15:09,993 --> 00:15:12,893 Just try to be supportive and, you know, 229 00:15:12,954 --> 00:15:15,121 Just to let her know it's going to be okay. 230 00:15:15,239 --> 00:15:19,792 But you might be going to jail for the rest of your life. 231 00:15:19,911 --> 00:15:21,836 How do you tell somebody it's going to be okay? 232 00:15:23,247 --> 00:15:26,007 Kerlus: Who wants chicken with alfredo? Boys: Me. 233 00:15:27,377 --> 00:15:29,034 Kerlus: It's very important for me 234 00:15:29,154 --> 00:15:32,472 That they don't see mommy crying or sad. 235 00:15:33,758 --> 00:15:36,976 So I make it as normal as I can despite the situation. 236 00:15:38,170 --> 00:15:40,104 -Kairo, how was school? -Kairo: Good. 237 00:15:41,149 --> 00:15:43,942 -I got a 90 on my test. -Kerlus: Good job. 238 00:15:49,348 --> 00:15:51,299 Kerlus: All right, guys. Mommy's leaving. 239 00:15:51,326 --> 00:15:53,734 Jahlil: (kisses) I love you. Kerlus: I love you more. 240 00:15:53,853 --> 00:15:56,871 Jahlil: Mom, what's in there? Kerlus: You know it's grandpa and your brother. 241 00:15:56,990 --> 00:15:58,772 Jahlil: Can I see it? Kerlus: Mm-hmm. 242 00:15:58,792 --> 00:16:01,042 Jahlil: Dad and jocai? Kerlus: Mm-hmm. 243 00:16:01,544 --> 00:16:02,910 Jahlil: Oh. 244 00:16:03,029 --> 00:16:05,295 Jocai, uh, we carry his legacy. 245 00:16:05,297 --> 00:16:07,840 We're gonna keep his name going. 246 00:16:09,035 --> 00:16:10,176 That was my baby. 247 00:16:10,294 --> 00:16:13,179 And, you know, I carry him with me every day. 248 00:16:13,297 --> 00:16:15,390 -All right. Close the door for me, okay? -Khyree: No teasing. 249 00:16:26,653 --> 00:16:28,027 Helmick: What I want to listen to is 250 00:16:28,146 --> 00:16:33,992 The police interviews of, uh, kristina and, uh, jaevone. 251 00:16:41,159 --> 00:16:45,044 The setting of these interviews is, I think, is very, very important. 252 00:16:46,572 --> 00:16:48,139 Not only did it take place at the hospital, 253 00:16:48,141 --> 00:16:51,976 It took place in the same room as where the baby is. 254 00:16:51,978 --> 00:16:54,554 And you can hear the monitors, and all the noises, 255 00:16:54,672 --> 00:16:56,647 And all this stuff going on in the background. 256 00:16:56,649 --> 00:17:00,727 We're not talking about interviewing somebody, you know, 257 00:17:00,845 --> 00:17:04,063 Three weeks, two weeks, a week later, or anything like that. 258 00:17:04,182 --> 00:17:05,639 Right now, 259 00:17:05,758 --> 00:17:09,360 Your child's at the hospital, fighting for his life. 260 00:17:45,531 --> 00:17:47,348 Helmick: Listening to these interviews, 261 00:17:47,466 --> 00:17:52,278 Not a single one of them talk about jocai, 262 00:17:52,396 --> 00:17:56,190 His symptoms getting worse over time. 263 00:17:56,308 --> 00:18:00,853 As far as him being fussy and him not eating as much, 264 00:18:00,872 --> 00:18:06,626 And him projectile vomiting him, uh, him not sleeping as well. 265 00:18:06,744 --> 00:18:09,370 And so the prosecutor is going to jump all over that. 266 00:18:09,488 --> 00:18:12,540 What they're going to say is, "you didn't say it here. 267 00:18:12,658 --> 00:18:13,874 "right, but now you're saying it here 268 00:18:13,993 --> 00:18:16,928 "because you want it to match your theory of the case. 269 00:18:27,932 --> 00:18:29,907 Helmick: How you doing? Kerlus: Good, and you? 270 00:18:29,909 --> 00:18:31,909 Helmick: Good, yeah. Good to see you. 271 00:18:31,911 --> 00:18:32,944 Kerlus: Good to see you. 272 00:18:39,828 --> 00:18:43,070 Okay, so what I want to go over with you 273 00:18:43,189 --> 00:18:47,424 Is, uh, the photo of jocai in the boppy. 274 00:18:47,426 --> 00:18:49,093 We need to look at the video 275 00:18:49,095 --> 00:18:50,761 That you took from your phone. 276 00:18:50,763 --> 00:18:52,596 And then look at the times. 277 00:18:52,598 --> 00:18:58,886 This is really the key to their case in regard to when the shaking, uh, took place. 278 00:19:00,515 --> 00:19:04,517 This is the one where you're holding jocai and singing the barney song. 279 00:19:04,635 --> 00:19:11,115 That was taken at 6:59 p.M. On October 4th, 2018, 280 00:19:11,117 --> 00:19:16,620 The night before the morning where he became unconscious. 281 00:19:16,622 --> 00:19:22,126 I was recording, um, snapchat videos and, uh, jay had texted me, 282 00:19:22,128 --> 00:19:25,413 "what are you guys doing?" and I sent this video to him. 283 00:19:26,065 --> 00:19:27,415 (kerlus sighs) 284 00:19:28,710 --> 00:19:31,377 I love you. I love you. 285 00:19:32,404 --> 00:19:34,788 I still remember that. (sniffles) 286 00:19:34,907 --> 00:19:36,924 -I know you do. -Yeah. (sighs) 287 00:19:38,477 --> 00:19:42,813 So that was taken at 6:59 p.M. 288 00:19:42,815 --> 00:19:48,126 Then we have their photo of jocai in the boppy at, uh, 8:59 p.M. 289 00:19:48,146 --> 00:19:55,008 And this is the picture that the prosecution hones the whole case on. 290 00:19:55,069 --> 00:19:58,237 Given the angle of which he's sleeping, 291 00:19:58,356 --> 00:20:01,165 The angle of which his head is sitting down, 292 00:20:01,167 --> 00:20:04,285 They make it seem like something happened to him. 293 00:20:06,172 --> 00:20:12,409 So in trial, you are, uh, certainly going to be asked about this photo. 294 00:20:12,528 --> 00:20:14,845 You know, what are you going to say? 295 00:20:14,847 --> 00:20:17,322 He's been up for hours, like, all day, basically. 296 00:20:17,442 --> 00:20:20,017 And then when I seen him falling asleep, 297 00:20:20,019 --> 00:20:22,169 I took a picture to show, you know, jay, 298 00:20:22,329 --> 00:20:24,296 -That, "look, he finally fell asleep." -helmick: Mm-hmm. 299 00:20:24,415 --> 00:20:25,631 Kerlus: And then when I sent him the picture, 300 00:20:25,749 --> 00:20:27,633 I said, "don't worry, I'm fixing his head." 301 00:20:27,751 --> 00:20:30,377 As soon as I send him that message, he walked through the door. 302 00:20:30,438 --> 00:20:32,863 And when he walked in the room, when jocai heard his voice, 303 00:20:32,865 --> 00:20:34,848 He opened his eyes. 304 00:20:34,967 --> 00:20:37,034 -Oh. -And then that's when jaevone picked him up 305 00:20:37,036 --> 00:20:38,519 And started playing with him. 306 00:20:38,637 --> 00:20:39,570 Like, he didn't even go to sleep. 307 00:20:39,689 --> 00:20:41,489 This was like a split second. 308 00:20:42,474 --> 00:20:43,707 But the only video they don't have 309 00:20:43,709 --> 00:20:46,059 Is the one where he was stuck watching tv 310 00:20:46,120 --> 00:20:48,228 Because that was never sent to jay. 311 00:20:48,289 --> 00:20:50,063 They only had the videos that was sent to jay 312 00:20:50,124 --> 00:20:51,999 Because they never had access to my phone. 313 00:21:00,584 --> 00:21:04,111 So this is taken at 8:52 p.M. 314 00:21:04,138 --> 00:21:06,897 And that's him sitting in the boppy. 315 00:21:06,899 --> 00:21:09,916 -The prosecution didn't have this one. Good. -Kerlus: Mm-mm. 316 00:21:09,978 --> 00:21:12,119 Kerlus: I posted that on snapchat 317 00:21:12,146 --> 00:21:14,738 Because I was like, "oh, my god, he's actually watching tv." 318 00:21:14,740 --> 00:21:17,650 None of my kids sat there and watched tv. 319 00:21:17,768 --> 00:21:23,414 So they're alleging that between 6:59 p.M. And 8:59 p.M., I shook him. 320 00:21:23,416 --> 00:21:27,751 But if you compare the videos between the 8:52 p.M. And 8:59 p.M., 321 00:21:27,753 --> 00:21:29,394 He hasn't moved. 322 00:21:29,414 --> 00:21:31,897 What they don't know is we just chopped 323 00:21:31,916 --> 00:21:38,612 Their whole timeline and their whole position down to seven minutes. 324 00:21:38,673 --> 00:21:41,098 And so between the seven minutes, they're saying 325 00:21:41,100 --> 00:21:44,302 All of a sudden he became so frustrated 326 00:21:44,420 --> 00:21:48,514 And, uh, there had to be some reason why you took him out of the boppy 327 00:21:48,632 --> 00:21:51,458 And shook him so violently, 328 00:21:51,519 --> 00:21:55,279 As the, uh, the coroner stated. 329 00:21:55,281 --> 00:21:57,448 -And then put him back in his boppy. -(kerlus scoffs) 330 00:21:57,450 --> 00:22:01,435 Helmick: So, I mean, it just doesn't make any sense at all. 331 00:22:01,553 --> 00:22:05,172 When you have photos and you have videos in a case, 332 00:22:05,174 --> 00:22:10,294 It gives the jury something beyond, uh, just facts. 333 00:22:10,296 --> 00:22:14,131 It can be very beneficial, it can be very damaging to a case. 334 00:22:14,133 --> 00:22:15,966 Every video that we have, 335 00:22:15,968 --> 00:22:19,003 We feel it's extremely beneficial to us. 336 00:22:40,659 --> 00:22:43,778 Kerlus: Hi, how are you? Woman: Good. How are you, dear? 337 00:22:51,170 --> 00:22:54,930 Kerlus: I've had to wear my ankle monitor since 2019 338 00:22:54,957 --> 00:22:58,918 So they can, um, keep track of me 24/7. 339 00:22:59,036 --> 00:23:02,046 I can't leave las vegas, can't leave clark county. 340 00:23:03,591 --> 00:23:05,758 It sucks. It really sucks. 341 00:23:05,876 --> 00:23:08,685 It's a... It feels like an invasion of privacy. 342 00:23:08,687 --> 00:23:10,687 Is this kind of uncomfortable for you? 343 00:23:10,689 --> 00:23:12,856 How's it, like, wearing it? 344 00:23:12,858 --> 00:23:16,744 It's heavy, very uncomfortable. 345 00:23:16,771 --> 00:23:19,880 Woman: Must be hard. I can't even imagine. 346 00:23:19,941 --> 00:23:23,867 Kerlus: My kids ask a lot of questions, like, when I first got it, 347 00:23:23,869 --> 00:23:25,369 They were like, "mommy, what is that?" 348 00:23:25,371 --> 00:23:28,948 -I told them, "something to help mommy lose weight." -(chuckles) 349 00:23:35,381 --> 00:23:38,715 I was in the car with jahlil, and he, um... 350 00:23:38,717 --> 00:23:41,001 He just started asking, like, a lot of questions. 351 00:23:42,004 --> 00:23:44,571 And he's like, "mommy, if, um..." (sobs) 352 00:23:44,632 --> 00:23:47,891 "if jocai comes back, are they going to take that off your ankle? 353 00:23:47,893 --> 00:23:49,343 Woman: (clicks tongue) aw. 354 00:23:50,254 --> 00:23:51,679 And it broke my heart. 355 00:23:54,809 --> 00:23:55,933 (kerlus sniffles) 356 00:24:11,284 --> 00:24:12,983 Renteria: Hey, ryan. Helmick: Hi. 357 00:24:13,101 --> 00:24:16,328 Renteria: Are you ready to go over the preliminary hearing transcripts? 358 00:24:16,447 --> 00:24:17,663 Helmick: Yeah. Renteria: All right. 359 00:24:25,280 --> 00:24:26,763 Helmick: We needed a preliminary hearing. 360 00:24:26,765 --> 00:24:29,016 You're able to test the evidence 361 00:24:29,018 --> 00:24:32,102 So you'll be more prepared for the trial in regard 362 00:24:32,104 --> 00:24:34,771 To, "hey, you know, this witness may testify this way, 363 00:24:34,773 --> 00:24:36,724 "or this witness may testify this way." 364 00:24:37,584 --> 00:24:39,393 -For you. -Helmick: Thank you. 365 00:24:50,198 --> 00:24:51,530 Okay. 366 00:24:51,649 --> 00:24:55,034 The prosecutor's saying that jaevone never told the detectives 367 00:24:55,152 --> 00:25:00,130 When he was first interviewed about jocai being fussy or vomity. 368 00:25:00,132 --> 00:25:03,967 "in neither interview did you mention this supposed projectile vomiting 369 00:25:03,969 --> 00:25:05,561 "in the days leading up to his death?" 370 00:25:05,588 --> 00:25:08,639 "correct." "in fact, you described him as normal and happy 371 00:25:08,641 --> 00:25:10,991 "when he wakes up in the morning." "correct." 372 00:25:11,052 --> 00:25:13,143 So, 373 00:25:13,145 --> 00:25:15,054 She's really hitting jaevone hard over the head 374 00:25:15,172 --> 00:25:16,388 -Here with this stuff. -Renteria: Yeah. 375 00:25:22,821 --> 00:25:25,155 Helmick: They could say he went to the gym for two and a half hours 376 00:25:25,157 --> 00:25:28,992 While she's at home, watching the newborn and all the three kids 377 00:25:28,994 --> 00:25:30,736 And, uh, taking care of the household 378 00:25:30,854 --> 00:25:34,573 And he just comes home and sits and wants to watch the lakers game. 379 00:25:34,692 --> 00:25:37,576 And then wake the kids up and go to sushi. 380 00:25:37,695 --> 00:25:39,169 I went to sushi at 10:00 p.M. 381 00:25:39,171 --> 00:25:41,505 -Waking up the kids at 10:00 p.M... -Helmick: Mm-hmm. 382 00:25:41,507 --> 00:25:43,490 The prosecutor is going to make sure 383 00:25:43,609 --> 00:25:45,842 That the jury and everyone in that courtroom 384 00:25:45,844 --> 00:25:49,680 Realizes that that is highly inappropriate for any parent to do. 385 00:25:49,682 --> 00:25:53,850 Right, they're gonna try to make this look like a chaotic household, 386 00:25:53,852 --> 00:25:55,869 That she was stressed out, that she was frustrated. 387 00:25:55,930 --> 00:25:57,596 Renteria: That would piss me off. Helmick: Mm-hmm. 388 00:25:57,715 --> 00:26:00,007 Renteria: I'm at home with a newborn. 389 00:26:00,125 --> 00:26:02,059 You have the luxury of going to the gym, 390 00:26:02,177 --> 00:26:03,994 And then you want to come home and watch a game, 391 00:26:03,996 --> 00:26:05,663 -And then you want to go to sushi? -Helmick: Mm-hmm. 392 00:26:05,781 --> 00:26:08,198 Think about all the things she has to round up just to do that. 393 00:26:08,200 --> 00:26:14,204 The prosecution is going to say that she just, you know, lost it and shook the baby 394 00:26:14,206 --> 00:26:17,374 And, you know, kind of look at the background and you can see 395 00:26:17,376 --> 00:26:18,892 This is why she lost it. 396 00:26:18,953 --> 00:26:20,953 She had gotten frustrated, right? 397 00:26:21,071 --> 00:26:24,898 That's the, uh, the way that they are going to spin it. 398 00:26:24,959 --> 00:26:32,556 You could see that their goal here was to really try to attack the character 399 00:26:32,558 --> 00:26:36,560 Of kristina through jaevone. 400 00:26:36,562 --> 00:26:40,897 And so we've got to get ready for, uh, his testimony at the trial. 401 00:26:40,899 --> 00:26:45,752 Knowing now the direction that they're going to, uh, take him down 402 00:26:45,813 --> 00:26:47,688 And how they're really gonna use him. 403 00:27:02,613 --> 00:27:04,622 Do you want to put the, um, 404 00:27:04,740 --> 00:27:06,206 The string on the "happy birthday"? 405 00:27:06,709 --> 00:27:07,833 Yes, ma'am. 406 00:27:07,951 --> 00:27:11,003 Today is my oldest son's birthday. 407 00:27:11,121 --> 00:27:13,313 He's 10 years old. 408 00:27:13,315 --> 00:27:15,883 And we're throwing him a surprise party. 409 00:27:17,261 --> 00:27:19,136 He's been through everything with me, so... 410 00:27:20,806 --> 00:27:27,928 I've been trying to make things and everything as perfect as possible. 411 00:27:28,046 --> 00:27:31,398 Because what if it is the last birthday I spend with him? 412 00:27:34,645 --> 00:27:36,286 (indistinct whispering) 413 00:27:36,288 --> 00:27:38,364 (knock at door) 414 00:27:40,451 --> 00:27:44,203 -All: Surprise! -(kerlus laughing) 415 00:27:44,321 --> 00:27:46,938 -Kerlus: Hi. (kisses) -khyree: What is this? 416 00:27:46,957 --> 00:27:48,606 Kerlus: What is this? I love you. 417 00:27:48,626 --> 00:27:49,950 -I love you. -Khyree: I love you, too. 418 00:27:50,068 --> 00:27:51,710 Kerlus: Happy birthday, baby. Khyree: Thank you. 419 00:27:51,829 --> 00:27:52,953 Kerlus: All right. Make a wish. 420 00:27:53,071 --> 00:27:54,320 -Make a wish, baby. -That's my boy. 421 00:27:54,382 --> 00:27:55,622 Davis: Come, on. 422 00:27:55,741 --> 00:27:58,125 Kerlus: Now he doesn't want to blow too hard, okay. (laughs) 423 00:27:58,243 --> 00:27:59,426 (boy laughs) 424 00:28:00,003 --> 00:28:01,828 (all cheering) 425 00:28:01,889 --> 00:28:05,999 -Oh, oh, my thing. -You're ten. (squeals) 426 00:28:06,060 --> 00:28:09,228 Kerlus: They know mommy's being accused and they know mommy is innocent 427 00:28:09,346 --> 00:28:12,898 And she's fighting, you know, not only for me but for them. 428 00:28:14,518 --> 00:28:16,527 I don't know if they really understand that. 429 00:28:17,229 --> 00:28:18,696 Mommy's facing life. 430 00:28:19,690 --> 00:28:21,648 And that... (sobs) 431 00:28:21,767 --> 00:28:24,785 That it's still a possibility that they may never see me again. 432 00:28:37,207 --> 00:28:41,460 Helmick: I'm going to meet up with, uh, dr. Evan matshes, 433 00:28:41,578 --> 00:28:45,431 Who is the, uh, very well-known forensic pathologist. 434 00:28:50,721 --> 00:28:54,773 So the prosecution allege that jocai has been killed 435 00:28:54,892 --> 00:28:58,110 By abusive blunt force head trauma. 436 00:28:58,228 --> 00:29:00,671 And so if we're able to show 437 00:29:00,673 --> 00:29:03,023 That jocai died of natural causes, 438 00:29:03,141 --> 00:29:07,161 Now we're going to be able to provide it with medical certainty, 439 00:29:08,297 --> 00:29:10,330 It's gonna be the crux of the case. 440 00:29:13,719 --> 00:29:15,202 Dr. Matshes: Ryan helmick: Matshes. 441 00:29:15,320 --> 00:29:16,812 Dr. Matshes: Good to see you. Nice to meet you in person. 442 00:29:16,972 --> 00:29:18,371 Helmick: Yeah, it's finally meet you in person. Yeah. 443 00:29:18,490 --> 00:29:19,590 After you. 444 00:29:27,683 --> 00:29:31,143 So this is a photo from the state's autopsy. 445 00:29:39,511 --> 00:29:42,362 He does have bleeding around his spinal cord. 446 00:29:43,866 --> 00:29:44,931 Right. 447 00:29:44,992 --> 00:29:46,724 So, the prosecution, in your experience, 448 00:29:46,744 --> 00:29:49,303 That's what they're gonna label as a neck trauma, right? 449 00:29:49,305 --> 00:29:53,665 Correct. That is the only evidence that I can see 450 00:29:53,784 --> 00:29:55,926 That they're presenting as neck trauma. 451 00:29:55,928 --> 00:29:57,410 Right. 452 00:29:57,571 --> 00:30:01,248 -But I believe that this is not due to trauma of the neck. -Helmick: Right. 453 00:30:01,366 --> 00:30:04,617 That this is the result of the blood that's inside the head 454 00:30:04,637 --> 00:30:06,053 Tracking down the spine. 455 00:30:08,799 --> 00:30:12,592 If we look at jocai's ct scan, 456 00:30:12,711 --> 00:30:16,021 -The white part is the bone on the outside. -Helmick: Mm. 457 00:30:16,139 --> 00:30:20,859 And every area that I've labeled here in yellow and red is bleeding. 458 00:30:20,978 --> 00:30:23,070 And that's unusual in a little baby. 459 00:30:23,872 --> 00:30:26,031 Now, what's really interesting, 460 00:30:26,149 --> 00:30:27,908 And important to this case, 461 00:30:28,627 --> 00:30:30,702 Is this piece of evidence. 462 00:30:30,821 --> 00:30:36,391 So I was able to use a special stain here to help identify blood vessels. 463 00:30:36,418 --> 00:30:41,513 And outlined in here is a very enlarged, 464 00:30:41,515 --> 00:30:45,584 Dilated and dead blood vessel. 465 00:30:45,702 --> 00:30:48,512 Which died while jocai was still alive 466 00:30:48,630 --> 00:30:51,122 And ruptured, resulting in this bleeding. 467 00:30:51,241 --> 00:30:56,186 It's died because it's fully clotted off with sickled cells. 468 00:31:06,765 --> 00:31:07,972 That's huge. 469 00:31:07,992 --> 00:31:10,367 -Absolutely huge. -Dr. Matshes: It's a game changer. 470 00:31:11,862 --> 00:31:14,096 Inside that blood vessel, 471 00:31:14,123 --> 00:31:19,009 We can see an abundance of obviously sickled cells 472 00:31:19,011 --> 00:31:22,629 In the middle of a organizing blood clot. 473 00:31:23,799 --> 00:31:26,333 Red blood cells, and that's what we're looking at, 474 00:31:26,451 --> 00:31:30,020 Should be shaped like a double-sided disk. 475 00:31:30,022 --> 00:31:33,506 They usually have two dimples in the middle. 476 00:31:33,625 --> 00:31:38,604 And his are like ellipses, like sickles. 477 00:31:38,722 --> 00:31:42,907 You don't expect most sickle cell trait people 478 00:31:43,301 --> 00:31:44,517 To develop sickling. 479 00:31:44,636 --> 00:31:48,521 But he has, and it's widespread. 480 00:31:48,640 --> 00:31:49,689 Helmick: Throughout the whole body? 481 00:31:49,808 --> 00:31:51,283 Dr. Matshes: Throughout the whole body. 482 00:31:51,401 --> 00:31:53,084 We know that jocai was sickly 483 00:31:53,086 --> 00:31:55,195 -In the days before his death. -Helmick: Yeah. 484 00:31:55,313 --> 00:31:57,456 And people with sickle cell disease 485 00:31:58,408 --> 00:32:00,792 Usually go into sickle cell crisis 486 00:32:00,911 --> 00:32:03,629 Because of something that stresses them out. 487 00:32:03,747 --> 00:32:05,613 Cold, flu, what have you. 488 00:32:06,249 --> 00:32:08,467 So, what is the conclusion, 489 00:32:08,585 --> 00:32:12,679 Uh, in regard to explaining how jocai died? 490 00:32:13,732 --> 00:32:15,641 That jocai died 491 00:32:15,759 --> 00:32:18,885 Because he clotted off a blood vessel 492 00:32:19,004 --> 00:32:20,854 That was full of sickled cells. 493 00:32:22,024 --> 00:32:23,690 He's died a natural death. 494 00:32:37,923 --> 00:32:42,275 Kerlus: I work a grave, which is midnight to 8:00 a.M. 495 00:32:42,336 --> 00:32:45,745 I used to be a manager for a company before all this happened. 496 00:32:45,864 --> 00:32:48,098 When I got arrested, I lost my job. 497 00:32:48,100 --> 00:32:54,888 So now, I am a phone operator at a limo dispatch company. 498 00:33:04,566 --> 00:33:07,000 Kerlus: When I read the report, I was in tears 499 00:33:07,027 --> 00:33:10,320 Because, you know, I needed that clarity. 500 00:33:11,473 --> 00:33:14,015 He had, you know, photographic evidence 501 00:33:14,176 --> 00:33:17,911 To prove everything that he's saying, to prove my innocence. 502 00:33:23,627 --> 00:33:27,587 And the only thing that I question is, is it enough? 503 00:33:28,790 --> 00:33:31,049 Is this enough? 504 00:33:31,168 --> 00:33:34,761 You know, this has always been the battle of the experts. 505 00:33:39,417 --> 00:33:45,022 Is the prosecutor gonna see and hear all this and say, "hey, you know what? 506 00:33:46,567 --> 00:33:48,066 "my expert missed this. 507 00:33:49,119 --> 00:33:51,753 "let's dismiss it." or... 508 00:33:51,780 --> 00:33:55,115 She's gonna say, "mm, quite frankly, I don't care." 509 00:34:11,783 --> 00:34:13,699 Helmick: I just got a call from the prosecutor 510 00:34:13,861 --> 00:34:16,928 In kristina's case, uh, out of the blue. 511 00:34:17,047 --> 00:34:20,206 She said that she did what she was going to do 512 00:34:20,267 --> 00:34:22,342 And taking a second look at this thing 513 00:34:22,460 --> 00:34:24,469 And having her expert review it. 514 00:34:24,587 --> 00:34:25,970 And she has told me 515 00:34:26,089 --> 00:34:28,482 That she is going to dismiss the case. 516 00:34:31,561 --> 00:34:35,405 And this is what we have been shooting for for three years. 517 00:34:40,378 --> 00:34:43,789 Are they gonna dismiss the case with prejudice? 518 00:34:43,907 --> 00:34:46,641 Which means they can never bring the charges back again. 519 00:34:46,668 --> 00:34:50,629 Or they can dismiss the case without prejudice. 520 00:34:50,747 --> 00:34:54,874 And they can at some point, whenever they feel, 521 00:34:54,993 --> 00:34:57,677 Bring the charges back against kristina. 522 00:34:59,923 --> 00:35:03,158 Kerlus: After ryan and I had a conversation, 523 00:35:03,185 --> 00:35:08,480 I got on the phone. I called my sister, called my mom and called jay. 524 00:35:08,598 --> 00:35:11,407 We were all just, all crying, just happy. 525 00:35:11,409 --> 00:35:16,746 Just, like, wow, it's over, like, it's done. 526 00:35:16,748 --> 00:35:20,416 But if they dismiss it without prejudice, 527 00:35:20,418 --> 00:35:24,512 That means that they can come after me for murder 528 00:35:24,540 --> 00:35:29,000 Involving my son forever, which means I'd have to go through this again. 529 00:35:29,119 --> 00:35:31,094 I'm gonna get arrested and have to post bail. 530 00:35:31,096 --> 00:35:33,263 If bail is granted, house arrest again. 531 00:35:33,265 --> 00:35:36,174 And if they put those stipulations on me. 532 00:35:36,293 --> 00:35:38,885 The thought of having to redo this is just... 533 00:35:42,224 --> 00:35:44,307 Like, if you don't want to dismiss with prejudice, 534 00:35:44,426 --> 00:35:46,050 You might as well take it to trial. 535 00:35:46,469 --> 00:35:48,019 That's how I feel. 536 00:35:48,138 --> 00:35:49,704 Take it to trial, because if I go to trial 537 00:35:49,731 --> 00:35:52,315 And I get a "not guilty" which is what I'm gonna get, 538 00:35:53,785 --> 00:35:55,301 You can never come after me. 539 00:35:55,362 --> 00:35:58,621 Why have this dangling over my head, and I still can't sleep at night, 540 00:35:58,623 --> 00:36:01,867 And have that what if, today, the freedom that I have, 541 00:36:01,985 --> 00:36:04,886 Or I'm going to have to put my family through it again? 542 00:36:04,913 --> 00:36:06,163 No. 543 00:36:07,249 --> 00:36:09,541 Like, I don't want... I don't wanna. (sobs) 544 00:36:09,659 --> 00:36:11,501 I don't want to be half-free. 545 00:36:24,841 --> 00:36:27,984 Helmick: This has been a four-year ordeal. 546 00:36:27,986 --> 00:36:31,137 So this has been just an absolute nightmare for her. 547 00:36:31,256 --> 00:36:35,734 We're ready to get this over with and kristina to have this nightmare end. 548 00:36:36,995 --> 00:36:39,404 My hopes is that we just walk in there, real simple. 549 00:36:39,522 --> 00:36:43,575 She says she's going to voluntary dismiss the case with prejudice. 550 00:36:43,693 --> 00:36:45,017 We say, "thank you, your honor." 551 00:36:45,078 --> 00:36:46,203 Then we walk out. 552 00:36:49,416 --> 00:36:51,917 Kerlus: I have so many mixed emotions. 553 00:36:52,944 --> 00:36:54,961 Like, I'm happy, I'm excited. 554 00:36:56,298 --> 00:36:58,423 I'm anxious, I'm scared. 555 00:36:59,968 --> 00:37:01,517 I just can't wait until I go to court 556 00:37:01,519 --> 00:37:06,239 Because it can go so many different ways. 557 00:37:06,241 --> 00:37:09,643 The prosecutor can change her mind for all I know. 558 00:37:09,761 --> 00:37:11,344 We were expecting it to be dismissed, 559 00:37:11,462 --> 00:37:14,447 And she's like, "oh, if I decide at a later time to prosecute, 560 00:37:14,449 --> 00:37:17,776 "I want it to be without prejudice so I can come after her again." 561 00:37:19,963 --> 00:37:22,705 Davis: It's been a long four years 562 00:37:22,707 --> 00:37:27,393 Of, you know, family being apart. 563 00:37:27,454 --> 00:37:28,787 Just not being together, 564 00:37:28,905 --> 00:37:30,546 It took a toll on the kids. 565 00:37:30,548 --> 00:37:32,365 You know, you've got people looking at you crazy, 566 00:37:32,483 --> 00:37:35,067 People judging your situation, and they don't know, you know what I mean? 567 00:37:35,087 --> 00:37:38,630 So finally, we just hoping to get our life back. 568 00:38:03,799 --> 00:38:05,949 (people speaking indistinctly) 569 00:38:07,085 --> 00:38:08,451 Woman: Come on up, miss kerlus. 570 00:38:16,670 --> 00:38:19,479 Woman: All right, miss kerlus is present out of custody with mr. Helmick. 571 00:38:19,481 --> 00:38:20,997 We have miss jovy for the state. 572 00:38:21,115 --> 00:38:23,115 This is on for calendar call. Miss jovy, how are we proceeding? 573 00:38:23,176 --> 00:38:25,043 Your honor, based on further investigation, 574 00:38:25,161 --> 00:38:27,253 The state does not believe it can prove the elements 575 00:38:27,372 --> 00:38:29,622 Of the criminal charges beyond a reasonable doubt. 576 00:38:29,641 --> 00:38:33,092 Therefore, the city is voluntarily dismissing this case. 577 00:38:33,211 --> 00:38:35,979 Judge: It is without prejudice as this is at the da's request. 578 00:38:46,724 --> 00:38:48,199 Helmick: No objections to that. 579 00:38:48,318 --> 00:38:52,311 But there is gonna be an objection to without prejudice. 580 00:38:52,372 --> 00:38:56,482 This woman has been dealing with the loss of her child for four years, 581 00:38:56,543 --> 00:38:58,818 And her children, all three of them, 582 00:38:58,879 --> 00:39:01,621 Have been taken away from her for three years. 583 00:39:01,739 --> 00:39:03,956 She still doesn't have full custody of her kids. 584 00:39:04,075 --> 00:39:08,311 If it's without prejudice, she has this gray cloud 585 00:39:08,313 --> 00:39:10,596 That's still gonna hang over her head 586 00:39:10,715 --> 00:39:11,798 For the rest of her life 587 00:39:11,916 --> 00:39:15,501 'cause we don't know if this charge will ever come back. 588 00:39:15,562 --> 00:39:19,972 The medical science here is absolute. 589 00:39:20,091 --> 00:39:22,308 Every single expert that we have talked to 590 00:39:22,427 --> 00:39:25,478 Has said that this baby died of natural causes, 591 00:39:25,596 --> 00:39:29,449 All due to, uh, complications with the sickle cell trait. 592 00:39:30,402 --> 00:39:33,261 Nothing is gonna change. 593 00:39:33,288 --> 00:39:35,413 Judge: At the end of the day, I don't make the charging decisions. 594 00:39:35,532 --> 00:39:39,008 The state gets to decide when and how they prosecute cases. 595 00:39:39,010 --> 00:39:41,360 You have obtained a pretty miraculous result already, 596 00:39:41,421 --> 00:39:43,588 With them agreeing to dismiss it voluntarily. 597 00:39:43,706 --> 00:39:45,164 I don't believe that I have the authority 598 00:39:45,283 --> 00:39:47,759 At this point to maintain that it's said without prejudice, 599 00:39:47,877 --> 00:39:50,670 Because I don't have any of this information, actually, in front of me. 600 00:39:50,788 --> 00:39:53,890 Helmick: I understand. Judge: So, ultimately, it is dismissed at this time. 601 00:39:54,008 --> 00:39:55,875 I'm going to vacate any future trial dates 602 00:39:55,936 --> 00:39:59,178 And congratulations on a good outcome for your client. 603 00:39:59,297 --> 00:40:00,980 Helmick: Thank you very much. Jovy: Thank you, your honor. 604 00:40:26,324 --> 00:40:33,379 For them to acknowledge that they don't have enough to prove this case is big, okay? 605 00:40:33,498 --> 00:40:36,632 For them to voluntarily dismiss a murder case, it's huge. 606 00:40:36,751 --> 00:40:40,386 I mean, the judge using the word "congratulations," right? 607 00:40:40,505 --> 00:40:42,889 When do you hear a judge say that? 608 00:40:43,007 --> 00:40:46,726 Kerlus: I'm happy, but I feel like my happiness is not real happiness 609 00:40:46,844 --> 00:40:48,561 Because I have to live 610 00:40:48,679 --> 00:40:50,196 With that over my head, like... 611 00:40:51,082 --> 00:40:52,365 It's, like, bittersweet. 612 00:40:53,660 --> 00:40:56,602 You've got medicine and facts on your side. 613 00:40:56,663 --> 00:40:57,937 Helmick: Everything is on your side. Renteria: Okay? 614 00:40:57,998 --> 00:40:59,755 Renteria: Everything is on your side. 615 00:40:59,757 --> 00:41:01,941 Is it fair to you? No. 616 00:41:01,960 --> 00:41:03,409 But are you free today? 617 00:41:03,694 --> 00:41:05,019 Yes. 618 00:41:05,046 --> 00:41:07,112 -But you're gonna... -No more cps, no more people popping up. 619 00:41:07,174 --> 00:41:09,432 -Renteria: Yeah. -You know, we can... Take trips, 620 00:41:09,434 --> 00:41:11,250 -Spend time with the kids. -Helmick: And everything is gone. 621 00:41:11,369 --> 00:41:12,785 -Helmick: It's all gone. -It's dismissed. 622 00:41:12,846 --> 00:41:15,287 -Helmick: It's gone. -It's dismissed. This is what we wanted. 623 00:41:15,348 --> 00:41:18,758 Feeling like we've been drowning for the last four years, 624 00:41:18,876 --> 00:41:21,352 And, you know, being trial dates, court dates, 625 00:41:21,471 --> 00:41:25,965 Everything has been, you know, what's next, what's next, what's next? 626 00:41:25,984 --> 00:41:28,100 So now, I just think this is the first step 627 00:41:28,219 --> 00:41:32,622 To, you know, getting some normalcy again in the household 628 00:41:32,624 --> 00:41:37,944 And being able to, really, you know, enjoy, you know, our freedom again. 629 00:41:38,062 --> 00:41:40,722 Helmick: Think of the positive here, that it is done, 630 00:41:40,749 --> 00:41:45,018 And, uh, it's still an absolutely phenomenal, uh, result. 631 00:41:45,045 --> 00:41:48,338 -Okay? -Kerlus: Thank you, ryan. Thank you. 632 00:41:48,456 --> 00:41:51,341 -(kerlus sobbing) -you fought like hell, too, okay? 633 00:41:51,809 --> 00:41:52,842 All right? 634 00:41:59,726 --> 00:42:03,002 Helmick: And we thank you for them making the right decision, 635 00:42:03,063 --> 00:42:07,248 -Finally, after four years of trauma. -Kerlus: Yes. 636 00:42:07,275 --> 00:42:09,475 It's a phenomenal result. 637 00:42:09,594 --> 00:42:12,979 Unfortunately, just tainted a little bit 638 00:42:13,097 --> 00:42:15,365 In regard to it being without prejudice. 639 00:42:17,935 --> 00:42:20,453 I wish they would have flat-out dismissed it 640 00:42:21,272 --> 00:42:23,188 And been done with it today. 641 00:42:23,250 --> 00:42:26,225 Kerlus: Finally. All: Amen. 642 00:42:26,227 --> 00:42:28,160 Kerlus: This is definitely a win. 643 00:42:28,279 --> 00:42:30,529 Yet no matter how they want to slice and dice it, 644 00:42:30,590 --> 00:42:33,849 Or how much their hand's in the pot, 645 00:42:33,851 --> 00:42:34,926 I won today. 646 00:42:36,287 --> 00:42:37,387 It's a victory.