1 00:00:04,917 --> 00:00:05,958 (SUSPENSEFUL MUSIC PLAYING) 2 00:00:08,625 --> 00:00:10,583 (LINE DIALING) 3 00:00:10,708 --> 00:00:11,958 (LINE RINGING) 4 00:00:12,042 --> 00:00:13,125 (DISPATCHER SPEAKING) 5 00:00:13,667 --> 00:00:14,625 (WOMAN SPEAKING) 6 00:00:17,500 --> 00:00:18,625 (DISPATCHER SPEAKING) 7 00:00:19,125 --> 00:00:20,458 (WOMAN SPEAKING) 8 00:00:23,000 --> 00:00:24,000 It's terrible. 9 00:00:24,042 --> 00:00:26,333 (DISPATCHER SPEAKING) 10 00:00:26,417 --> 00:00:27,917 (WOMAN SPEAKING) 11 00:00:28,000 --> 00:00:29,625 (SUSPENSEFUL MUSIC PLAYING) 12 00:00:32,542 --> 00:00:34,000 -(SIRENS WAILING) -HEATHER GUERRA: I woke up, 13 00:00:34,125 --> 00:00:37,167 they asked me if I knew where I was. 14 00:00:37,250 --> 00:00:38,667 I couldn't tell them anything. 15 00:00:39,458 --> 00:00:40,583 Not even my name. 16 00:00:40,667 --> 00:00:42,375 (DRAMATIC MUSIC PLAYING) 17 00:00:44,375 --> 00:00:46,125 They're saying you killed your son. 18 00:00:46,833 --> 00:00:48,750 No way. 19 00:00:48,875 --> 00:00:51,667 DIANA SIMS: If they can prove that you were speeding 20 00:00:51,750 --> 00:00:53,333 or running a red light, 21 00:00:53,417 --> 00:00:55,542 you could face 20 years in prison. 22 00:00:57,167 --> 00:00:59,250 (DRAMATIC MUSIC PLAYING) 23 00:01:02,667 --> 00:01:05,667 It's unbearable to even think of your mother going to jail. 24 00:01:05,708 --> 00:01:09,292 I'm terrified that my daughter is going to go to prison. 25 00:01:09,375 --> 00:01:12,042 I know in my heart I did not do this. 26 00:01:12,542 --> 00:01:13,542 (GASPS) 27 00:01:19,708 --> 00:01:21,292 (MUSIC PLAYING) 28 00:01:25,667 --> 00:01:27,542 My name is Diana Sims. 29 00:01:27,625 --> 00:01:31,167 I'm a criminal defense attorney in Houston, Texas. 30 00:01:32,417 --> 00:01:34,500 I've been practicing in Harris County now 31 00:01:34,583 --> 00:01:37,125 for 24 years. 32 00:01:37,208 --> 00:01:39,792 I am currently representing Heather Guerra. 33 00:01:41,750 --> 00:01:44,583 On July 8th, 2020, 34 00:01:44,667 --> 00:01:48,083 Heather decided she was going to go to the beach. 35 00:01:49,750 --> 00:01:51,625 Heather was driving. 36 00:01:51,708 --> 00:01:54,792 She was with her boyfriend and her five-year-old son, Julian. 37 00:01:56,625 --> 00:01:58,250 On her way, 38 00:01:58,375 --> 00:02:00,083 she comes up to a light 39 00:02:00,167 --> 00:02:01,208 at the intersection. 40 00:02:02,167 --> 00:02:04,125 All of a sudden, 41 00:02:04,208 --> 00:02:07,083 she gets involved in a serious traffic accident. 42 00:02:12,917 --> 00:02:14,500 Heather's white SUV 43 00:02:14,583 --> 00:02:18,208 collided with another person in a pickup truck. 44 00:02:19,917 --> 00:02:21,625 One of them ran a red light. 45 00:02:23,125 --> 00:02:24,333 They hit like this. 46 00:02:26,875 --> 00:02:29,167 Both cars were shredded. 47 00:02:30,708 --> 00:02:32,917 Pieces of their cars 48 00:02:33,042 --> 00:02:35,750 ended up landing on other vehicles. 49 00:02:35,833 --> 00:02:37,583 There were six cars involved, 50 00:02:37,583 --> 00:02:40,792 and as a result of that accident, 51 00:02:40,875 --> 00:02:45,000 Heather, her boyfriend and her five-year-old son, Julian, 52 00:02:45,083 --> 00:02:48,333 were transported by life flight 53 00:02:48,375 --> 00:02:50,250 to the medical center for treatment. 54 00:02:57,500 --> 00:03:01,875 Heather was severely injured in that accident. 55 00:03:01,958 --> 00:03:04,500 She's suffering from brain damage, 56 00:03:04,583 --> 00:03:08,167 she's suffering from broken bones, 57 00:03:08,250 --> 00:03:11,500 terrible injuries that had put her in a coma. 58 00:03:13,750 --> 00:03:17,708 Tragically, they lost little five-year-old Julian in the accident, 59 00:03:21,333 --> 00:03:23,750 He was pronounced dead at the hospital. 60 00:03:28,375 --> 00:03:30,417 Not only did she lose her child, 61 00:03:31,042 --> 00:03:32,333 she woke up 62 00:03:32,417 --> 00:03:34,292 with a handcuff to the bed 63 00:03:34,375 --> 00:03:36,042 and an officer telling her 64 00:03:36,125 --> 00:03:38,500 she is charged with killing her son. 65 00:03:38,583 --> 00:03:40,292 (SUSPENSEFUL MUSIC PLAYING) 66 00:03:42,042 --> 00:03:43,917 I can't imagine how Heather felt. 67 00:03:45,542 --> 00:03:48,875 The state believes that Heather was speeding 68 00:03:48,958 --> 00:03:50,208 and she ran a red light, 69 00:03:51,500 --> 00:03:54,708 killing her five-year-old son, Julian, 70 00:03:54,792 --> 00:03:57,792 and that is resulting in a manslaughter charge. 71 00:03:59,375 --> 00:04:02,667 She's also accused of causing injury 72 00:04:02,792 --> 00:04:06,042 to the other driver in the pickup truck. 73 00:04:06,125 --> 00:04:10,083 That resulted in an aggravated assault charge on Heather 74 00:04:10,167 --> 00:04:11,333 for his injuries. 75 00:04:12,208 --> 00:04:14,292 Two felonies against her 76 00:04:14,375 --> 00:04:16,750 that could potentially land her in prison 77 00:04:16,875 --> 00:04:18,292 for up to 20 years. 78 00:04:20,000 --> 00:04:22,208 It's horrific. 79 00:04:22,292 --> 00:04:24,958 I feel for her as a woman, as a mother, 80 00:04:26,042 --> 00:04:28,958 and I want justice for her. 81 00:04:33,208 --> 00:04:35,750 (MUSIC PLAYING) 82 00:04:42,292 --> 00:04:44,583 GUERRA: What I remember, 83 00:04:44,667 --> 00:04:47,875 I woke up in the hospital. 84 00:04:49,333 --> 00:04:53,125 They asked me if I remember my name. 85 00:04:53,208 --> 00:04:54,833 If I knew where I was, 86 00:04:55,000 --> 00:04:56,583 if I knew why I was there. 87 00:04:58,625 --> 00:05:01,167 At that time I couldn't tell them anything. 88 00:05:01,250 --> 00:05:02,708 Not even my name. 89 00:05:05,208 --> 00:05:06,750 (MUSIC PLAYING) 90 00:05:10,708 --> 00:05:14,833 The officer is the one that told me. 91 00:05:14,833 --> 00:05:17,542 He told me that I was in a car accident... 92 00:05:19,792 --> 00:05:21,542 and my son died. 93 00:05:26,208 --> 00:05:28,750 And obviously, I fought to be alive, 94 00:05:28,833 --> 00:05:33,625 which, that was not even my intentions of doing 95 00:05:33,708 --> 00:05:36,833 because I would've traded places with him in a heartbeat. 96 00:05:48,542 --> 00:05:50,792 It hit so hard. 97 00:05:51,958 --> 00:05:53,417 I stopped eating. 98 00:05:54,542 --> 00:05:57,083 I go to sleep in tears, 99 00:05:57,208 --> 00:05:59,667 I wake up and I'm like, 100 00:05:59,750 --> 00:06:02,792 "Okay, God, you woke me up again. 101 00:06:02,792 --> 00:06:03,875 "Now what?" 102 00:06:12,375 --> 00:06:17,500 My family have been there for me from day one. 103 00:06:17,542 --> 00:06:21,333 But I don't know what's going to happen. 104 00:06:22,583 --> 00:06:26,167 Living in fear of going to prison, 105 00:06:26,250 --> 00:06:29,000 I just feel at a standstill. 106 00:06:30,500 --> 00:06:34,375 I never got to grieve the loss of my son. 107 00:06:34,542 --> 00:06:37,042 There is no way that you can do that 108 00:06:37,042 --> 00:06:39,583 and fight for your freedom, 109 00:06:40,542 --> 00:06:42,708 because that's what I'm doing. 110 00:06:48,000 --> 00:06:49,583 (MUSIC PLAYING) 111 00:06:54,375 --> 00:06:55,958 SIMS: We are gonna meet with Heather 112 00:06:56,042 --> 00:06:59,917 and find out what she remembers about the accident. 113 00:07:06,042 --> 00:07:07,625 -Hey, Heather. -Hey. 114 00:07:07,750 --> 00:07:09,667 -Good to see you. Come on in. -Good to see you. 115 00:07:12,958 --> 00:07:14,667 Heather, 116 00:07:14,750 --> 00:07:18,125 you've been through the wringer with this situation, 117 00:07:18,208 --> 00:07:19,958 it just breaks my heart 118 00:07:20,042 --> 00:07:22,833 that you've had to go through all of this. 119 00:07:22,917 --> 00:07:26,667 Is that trach related to the accident? 120 00:07:27,042 --> 00:07:28,250 Yes. 121 00:07:28,333 --> 00:07:29,417 -Uh... -Tell me about that. 122 00:07:30,083 --> 00:07:31,833 After I was in a coma, 123 00:07:31,875 --> 00:07:34,167 I couldn't move and talk at the same time 124 00:07:34,250 --> 00:07:35,750 without running out of breath. 125 00:07:37,625 --> 00:07:39,583 So, they put the trach 126 00:07:39,667 --> 00:07:42,500 so that way it opened it up to where I could breathe. 127 00:07:43,708 --> 00:07:48,042 Now, the next step is to put the stent in. 128 00:07:48,125 --> 00:07:49,125 -Okay. -You know... 129 00:07:49,208 --> 00:07:50,458 So it'll open up your airway? 130 00:07:50,542 --> 00:07:52,083 -Yes. -Okay. 131 00:07:54,125 --> 00:07:55,958 Let's talk about 132 00:07:56,042 --> 00:07:57,958 July 8th, 2020. 133 00:07:59,042 --> 00:08:02,167 I don't have much memory 134 00:08:03,083 --> 00:08:05,667 of the actual accident 135 00:08:05,792 --> 00:08:09,833 because of the brain injury that I had in the accident. 136 00:08:10,417 --> 00:08:11,750 Okay. 137 00:08:11,833 --> 00:08:14,875 But I have memories of that morning. 138 00:08:14,958 --> 00:08:16,667 SIMS: Okay. 139 00:08:16,750 --> 00:08:21,042 Me and my boyfriend had plans to go to the beach. 140 00:08:22,417 --> 00:08:26,125 I bathed Julian, got him dressed, 141 00:08:26,208 --> 00:08:29,208 and then we got in the car. 142 00:08:29,333 --> 00:08:32,125 I know we stopped at the corner store. 143 00:08:32,208 --> 00:08:34,333 We got something to drink. 144 00:08:34,375 --> 00:08:37,625 Got him some juice to put in his sippy cup. 145 00:08:40,250 --> 00:08:42,000 (SMACKS LIPS) And after that, I... 146 00:08:42,042 --> 00:08:44,792 I don't remember anything else. I don't remember... 147 00:08:44,875 --> 00:08:45,833 SIMS: That's the last thing you remember? 148 00:08:45,917 --> 00:08:47,958 That's the last that I remember. 149 00:08:50,250 --> 00:08:51,250 SIMS: Okay. 150 00:08:52,375 --> 00:08:56,000 I don't want you to be scared, 151 00:08:56,042 --> 00:09:00,000 but I need you to have a full understanding of the charges. 152 00:09:01,708 --> 00:09:03,792 For you to be guilty of this, 153 00:09:03,875 --> 00:09:07,333 you would have had to have been speeding, 154 00:09:07,417 --> 00:09:09,167 to have a completely red light, 155 00:09:10,375 --> 00:09:12,500 going through that red light, 156 00:09:12,583 --> 00:09:14,458 knowing it's full-blown red, 157 00:09:14,542 --> 00:09:16,500 and the other cars are starting to go. 158 00:09:17,542 --> 00:09:19,667 If it was my fault, 159 00:09:21,333 --> 00:09:23,708 I would not want to fight this. 160 00:09:25,833 --> 00:09:26,917 Because it would have been 161 00:09:27,000 --> 00:09:30,250 because of me that my son is not here, 162 00:09:30,333 --> 00:09:32,250 and I would need to be punished. 163 00:09:33,542 --> 00:09:35,458 But with my baby in the car, 164 00:09:35,542 --> 00:09:37,125 there is no way, 165 00:09:37,208 --> 00:09:40,958 no way I would speed, 166 00:09:42,042 --> 00:09:45,125 I would go through a yellow light, 167 00:09:45,208 --> 00:09:47,333 much less a red light. 168 00:09:47,417 --> 00:09:48,375 Mmm-hmm. 169 00:09:48,500 --> 00:09:49,875 Would not happen. 170 00:09:51,042 --> 00:09:53,750 I know in my heart I did not do this. 171 00:09:55,708 --> 00:09:56,792 That's good. 172 00:09:57,375 --> 00:09:58,708 You know, Heather, 173 00:10:00,125 --> 00:10:01,667 I feel for you. 174 00:10:01,792 --> 00:10:03,792 It is a nightmare. 175 00:10:03,875 --> 00:10:06,292 I'm going to do everything I can 176 00:10:06,375 --> 00:10:08,708 to get you exonerated. 177 00:10:10,000 --> 00:10:11,417 Period. 178 00:10:11,500 --> 00:10:12,583 This is just 179 00:10:13,667 --> 00:10:16,333 a bad nightmare. 180 00:10:20,542 --> 00:10:21,667 (MUSIC PLAYING) 181 00:10:26,125 --> 00:10:29,208 SIMS: This case is very challenging. 182 00:10:29,208 --> 00:10:31,208 Heather has no memory of what happened 183 00:10:31,292 --> 00:10:33,667 during the accident. 184 00:10:33,792 --> 00:10:36,958 So, we have to put together a case 185 00:10:37,708 --> 00:10:40,042 almost without her. 186 00:10:40,167 --> 00:10:42,667 And so we need to gather information 187 00:10:42,750 --> 00:10:45,917 to find out how that accident happened. 188 00:10:45,917 --> 00:10:47,667 This is going to be one of the most 189 00:10:47,750 --> 00:10:49,708 challenging cases I've ever done. 190 00:10:58,917 --> 00:11:00,000 (SUSPENSEFUL MUSIC PLAYING) 191 00:11:01,958 --> 00:11:04,750 SIMS: This is a really hard case for me to deal with. 192 00:11:06,292 --> 00:11:08,125 My client, Heather, 193 00:11:08,208 --> 00:11:11,542 is being accused of killing her child. 194 00:11:11,625 --> 00:11:14,667 And as a result of Heather's injuries, 195 00:11:14,750 --> 00:11:16,875 she has no memory of what happened. 196 00:11:17,750 --> 00:11:20,125 (SUSPENSEFUL MUSIC PLAYING) 197 00:11:25,250 --> 00:11:27,250 My job as a defense attorney 198 00:11:27,333 --> 00:11:30,333 is to try to put together the puzzle, 199 00:11:30,458 --> 00:11:33,333 to figure out how this accident really happened. 200 00:11:43,333 --> 00:11:45,333 (LINE DIALING) 201 00:11:45,417 --> 00:11:46,333 (LINE RINGING) 202 00:11:54,333 --> 00:11:58,208 SIMS: A 911 call can be a wealth of information. 203 00:11:58,292 --> 00:12:01,958 Potentially, they're witnesses to our case. 204 00:12:03,500 --> 00:12:04,833 (LINE DIALING) 205 00:12:18,875 --> 00:12:20,292 SIMS: You know, what we're dealing with 206 00:12:20,375 --> 00:12:22,417 is a very chaotic scene. 207 00:12:22,500 --> 00:12:24,333 People are calling in, 208 00:12:24,417 --> 00:12:27,875 but at this point, nobody has established 209 00:12:27,958 --> 00:12:29,458 who was at fault in the accident. 210 00:12:31,375 --> 00:12:32,250 (LINE RINGING) 211 00:12:59,458 --> 00:13:01,667 SIMS: That is not good. 212 00:13:01,708 --> 00:13:05,458 This caller says that Heather ran a red light 213 00:13:05,542 --> 00:13:07,625 and hit the other driver 214 00:13:07,625 --> 00:13:09,292 who was driving a gray truck. 215 00:13:13,792 --> 00:13:16,000 SIMS: She says that Heather was at fault. 216 00:13:17,708 --> 00:13:21,042 She is a damning witness for my case. 217 00:13:23,875 --> 00:13:26,583 I'm going to keep listening to these calls. 218 00:13:26,708 --> 00:13:28,167 (LINE DIALING) 219 00:13:46,375 --> 00:13:47,167 SIMS: That's good. 220 00:13:49,167 --> 00:13:50,125 This caller, 221 00:13:50,208 --> 00:13:53,917 she said that the truck hit the SUV, 222 00:13:54,042 --> 00:13:55,917 so that could be really big for us. 223 00:13:57,667 --> 00:13:59,417 There were eight total calls, 224 00:13:59,500 --> 00:14:02,500 but there are conflicting stories, 225 00:14:02,583 --> 00:14:04,333 so I am going to 226 00:14:04,417 --> 00:14:06,917 give this information to my investigator 227 00:14:07,042 --> 00:14:10,542 so that he can track down all the 911 callers 228 00:14:10,625 --> 00:14:13,000 and see which ones are useful 229 00:14:13,000 --> 00:14:15,167 and which ones are not. 230 00:14:15,250 --> 00:14:17,917 I hope that this is going to be a good result for Heather. 231 00:14:21,708 --> 00:14:23,375 (MUSIC PLAYING) 232 00:14:27,792 --> 00:14:30,208 GUERRA: Come on. Show Mama you can do it. 233 00:14:31,708 --> 00:14:35,250 My son was very, very special. 234 00:14:35,375 --> 00:14:39,250 He could say his full ABCs at three years old. 235 00:14:39,333 --> 00:14:42,667 -Yay, Julian. -JULIAN: Hey! 236 00:14:42,833 --> 00:14:44,667 He was very loving. 237 00:14:44,792 --> 00:14:46,250 (BOTH LAUGH) 238 00:14:47,667 --> 00:14:49,625 He was very active. 239 00:14:51,000 --> 00:14:53,833 He was on the go all the time. 240 00:14:57,042 --> 00:14:58,458 Since the accident, 241 00:14:58,583 --> 00:15:00,542 I've lost a lot of my memory. 242 00:15:01,500 --> 00:15:04,125 My family, thank God, 243 00:15:04,208 --> 00:15:07,000 are my rock and foundation. 244 00:15:09,625 --> 00:15:11,167 Hey, girlie. 245 00:15:11,208 --> 00:15:12,542 -How are you doing? -GUERRA: How are you? 246 00:15:14,042 --> 00:15:15,750 Um, waiting on y'all. 247 00:15:15,833 --> 00:15:17,458 -Well, we're here now. -All right. 248 00:15:17,542 --> 00:15:18,417 Hi, pudding. 249 00:15:19,708 --> 00:15:22,875 -I love you. -I love you, too. 250 00:15:22,958 --> 00:15:24,333 HERNANDEZ: You just about ready. 251 00:15:24,375 --> 00:15:26,167 I am ready. 252 00:15:38,333 --> 00:15:40,667 My memories aren't what they used to be, 253 00:15:40,750 --> 00:15:44,083 so this just refreshes it. 254 00:15:44,167 --> 00:15:46,667 HERNANDEZ: That was his first school picture. 255 00:15:46,708 --> 00:15:49,292 -GUERRA: He was so handsome. -(HERNANDEZ LAUGHS) 256 00:15:50,708 --> 00:15:52,750 And there, with all his wild hair 257 00:15:52,833 --> 00:15:53,917 -like his mama. -Yeah. 258 00:15:54,833 --> 00:15:56,875 GUERRA: Definitely had my hair. 259 00:15:56,958 --> 00:15:58,167 (HERNANDEZ LAUGHS) 260 00:15:58,750 --> 00:16:01,000 My baby. 261 00:16:01,042 --> 00:16:02,333 ADEN: I love that one. 262 00:16:03,875 --> 00:16:05,667 HERNANDEZ: Oh, and his favorite time. 263 00:16:05,750 --> 00:16:06,917 The beach. 264 00:16:08,875 --> 00:16:10,708 The memories are so precious, 265 00:16:10,792 --> 00:16:12,042 so precious. 266 00:16:13,875 --> 00:16:15,167 HERNANDEZ: This right here? 267 00:16:16,042 --> 00:16:17,208 GUERRA: I don't remember. 268 00:16:21,208 --> 00:16:24,958 Think back on where he was at when that picture was taken. 269 00:16:25,875 --> 00:16:27,208 GUERRA: I just don't remember. 270 00:16:32,542 --> 00:16:34,958 And that's why these are so important, 271 00:16:36,417 --> 00:16:39,208 because they help fill up that hole. 272 00:16:43,333 --> 00:16:45,208 -(GUERRA SOBS) -I knew it was gonna be hard 273 00:16:45,292 --> 00:16:46,625 for you to look at that. 274 00:16:49,375 --> 00:16:51,167 GUERRA: I'm gonna go clean my face. 275 00:16:51,250 --> 00:16:53,625 Okay, go clean your face. 276 00:16:56,375 --> 00:16:59,125 We've been through so many roller coasters 277 00:17:00,125 --> 00:17:01,458 in the past three years. 278 00:17:03,875 --> 00:17:06,000 And I want my daughter to have peace. 279 00:17:08,792 --> 00:17:10,375 I want her to find joy. 280 00:17:11,708 --> 00:17:14,667 And I know that she'll never find complete joy 281 00:17:14,750 --> 00:17:16,667 because we don't have him. 282 00:17:20,000 --> 00:17:22,625 But at least this will be over. 283 00:17:29,208 --> 00:17:31,000 (MUSIC PLAYING) 284 00:17:35,667 --> 00:17:38,708 SIMS: In a case involving a high speed crash 285 00:17:38,792 --> 00:17:40,625 and a fatality, 286 00:17:40,708 --> 00:17:43,167 they're going to want to see if the defendant 287 00:17:43,208 --> 00:17:45,583 was under the influence of any alcohol 288 00:17:45,667 --> 00:17:47,667 or controlled substance 289 00:17:47,708 --> 00:17:48,792 at the time of the incident. 290 00:17:59,750 --> 00:18:02,625 So the blood warrant says 291 00:18:02,708 --> 00:18:05,458 that marijuana fell out of Heather's pocket... 292 00:18:06,458 --> 00:18:08,417 ...when she was life flighted. 293 00:18:11,708 --> 00:18:13,417 Also, 294 00:18:13,500 --> 00:18:17,042 the officer says he observed Heather to have an alcoholic 295 00:18:17,833 --> 00:18:18,833 smell to her breath. 296 00:18:21,125 --> 00:18:22,667 The officer formed the opinion 297 00:18:22,708 --> 00:18:25,083 that the defendant was under the influence 298 00:18:25,208 --> 00:18:26,917 of a controlled substance 299 00:18:27,000 --> 00:18:28,208 at the time of the incident. 300 00:18:29,958 --> 00:18:31,208 It's not going to look good 301 00:18:31,750 --> 00:18:32,583 to a jury. 302 00:18:34,167 --> 00:18:36,625 That could potentially break my case. 303 00:18:45,708 --> 00:18:47,333 (SUSPENSEFUL MUSIC PLAYING) 304 00:18:58,042 --> 00:19:00,500 SIMS: They found a bag of weed on Heather. 305 00:19:10,458 --> 00:19:13,292 Sometimes when the police go to a hospital, 306 00:19:13,375 --> 00:19:15,042 they're going to talk to the nurse about 307 00:19:15,125 --> 00:19:18,083 whether there was any alcohol or drugs 308 00:19:18,208 --> 00:19:19,500 in somebody's system. 309 00:19:24,333 --> 00:19:26,833 So here we have Heather in the hospital, 310 00:19:26,875 --> 00:19:28,375 she's not conscious. 311 00:19:33,542 --> 00:19:36,833 The police officer is trying to find out 312 00:19:36,917 --> 00:19:38,417 if Heather was intoxicated. 313 00:19:50,667 --> 00:19:55,167 So we've learned that Heather had no alcohol in her system, 314 00:19:55,208 --> 00:19:57,792 um, which is very important for us. 315 00:20:09,208 --> 00:20:10,667 SIMS: She wasn't under the influence 316 00:20:10,708 --> 00:20:12,583 of any drug or alcohol, 317 00:20:13,250 --> 00:20:15,708 but you get a sense 318 00:20:15,792 --> 00:20:17,750 that the basis of her case 319 00:20:17,833 --> 00:20:19,083 came about 320 00:20:19,167 --> 00:20:21,708 when they found that bag of weed in her pocket. 321 00:20:22,750 --> 00:20:25,708 They started to focus in on Heather. 322 00:20:25,792 --> 00:20:28,792 So, I'm gonna make that an issue in trial 323 00:20:28,875 --> 00:20:31,708 that it's all one-sided against Heather. 324 00:20:35,542 --> 00:20:37,458 (SUSPENSEFUL MUSIC PLAYING) 325 00:20:41,792 --> 00:20:42,750 GUERRA: Hey. 326 00:20:43,500 --> 00:20:44,750 HERNANDEZ: Hey, girl. 327 00:20:45,708 --> 00:20:46,667 Hello. 328 00:20:46,750 --> 00:20:48,042 Hi, everybody. 329 00:20:48,167 --> 00:20:49,208 Hey! 330 00:20:50,792 --> 00:20:51,875 My brother. 331 00:20:51,958 --> 00:20:53,333 JAMES WOLFE: Hey. 332 00:20:53,417 --> 00:20:54,625 GUERRA: How are you? 333 00:21:04,667 --> 00:21:06,167 ADEN: Hey. 334 00:21:06,250 --> 00:21:07,875 GUERRA: We've always been close, 335 00:21:09,167 --> 00:21:11,875 but this has brought us closer 336 00:21:13,292 --> 00:21:14,750 with lots of emotions. 337 00:21:19,458 --> 00:21:20,750 WOLFE: It's been hard. 338 00:21:23,125 --> 00:21:25,167 It's my nephew, 339 00:21:25,208 --> 00:21:27,875 he's plastered over everybody's cars 340 00:21:29,333 --> 00:21:30,667 in memory. 341 00:21:31,667 --> 00:21:32,833 But it just... 342 00:21:32,958 --> 00:21:34,500 It's crap. It really is. 343 00:21:36,417 --> 00:21:39,667 And not only lost my nephew, 344 00:21:39,750 --> 00:21:41,792 I'm losing my sister in the meantime. 345 00:21:44,000 --> 00:21:45,500 I've never been to prison. 346 00:21:47,167 --> 00:21:48,500 Never done any of that. 347 00:21:48,625 --> 00:21:50,542 My sister hasn't either. 348 00:21:50,625 --> 00:21:53,417 So, why is this all of a sudden 349 00:21:54,167 --> 00:21:55,500 we're going to jail? 350 00:21:57,958 --> 00:21:59,833 Lord, we're gathered here today 351 00:21:59,875 --> 00:22:00,792 to celebrate life, 352 00:22:01,292 --> 00:22:03,042 unity and family. 353 00:22:05,250 --> 00:22:06,667 RAYMUNDO ANTUNES: It's kind of unbearable 354 00:22:06,667 --> 00:22:08,375 to even think of your mother going to jail 355 00:22:08,458 --> 00:22:11,333 for your brother's death. 356 00:22:11,417 --> 00:22:13,292 It doesn't really make sense to me. 357 00:22:14,708 --> 00:22:18,333 My life feels like it just completely flipped upside down, 358 00:22:18,417 --> 00:22:19,417 you know? 359 00:22:20,667 --> 00:22:25,500 But my mom's not the same mom that we had. 360 00:22:25,583 --> 00:22:28,167 I remember her when she got out of the hospital. 361 00:22:28,208 --> 00:22:29,542 The doctors would tell us 362 00:22:29,667 --> 00:22:31,875 that she wasn't going to be able to walk, talk. 363 00:22:31,958 --> 00:22:34,167 Bringing her home, taking care of her, 364 00:22:34,250 --> 00:22:36,542 seeing her, like, progress every day, 365 00:22:36,625 --> 00:22:38,458 that was such a blessing. 366 00:22:40,167 --> 00:22:43,583 HERNANDEZ: This has been a trial for the whole family, 367 00:22:43,667 --> 00:22:45,458 not just for Heather, 368 00:22:45,542 --> 00:22:46,875 but the whole family. 369 00:22:48,500 --> 00:22:50,583 But I'm not going to lose faith 370 00:22:50,667 --> 00:22:52,875 that my daughter is going to walk away from this. 371 00:22:55,208 --> 00:22:57,000 My daughter didn't kill her child. 372 00:23:00,042 --> 00:23:01,333 No. 373 00:23:04,500 --> 00:23:05,625 GUERRA: Come here, babies. 374 00:23:10,625 --> 00:23:11,875 (SUSPENSEFUL MUSIC PLAYING) 375 00:23:20,708 --> 00:23:22,750 SIMS: Looking at these photos, 376 00:23:22,833 --> 00:23:26,750 you can really tell it was a high impact crash. 377 00:23:40,000 --> 00:23:42,375 I have one photo here 378 00:23:42,458 --> 00:23:45,667 that has Heather's speedometer 379 00:23:45,750 --> 00:23:47,917 clocked at around 93 miles an hour. 380 00:23:49,750 --> 00:23:52,250 If Heather was going 93 miles an hour, 381 00:23:52,333 --> 00:23:56,125 the state could prove that she was recklessly driving, 382 00:23:56,125 --> 00:23:58,042 proving manslaughter. 383 00:23:59,625 --> 00:24:01,417 That is not good for me. 384 00:24:10,167 --> 00:24:11,708 (DRAMATIC MUSIC PLAYING) 385 00:24:11,708 --> 00:24:13,958 SIMS: Heather's speedometer 386 00:24:14,042 --> 00:24:15,833 after the crash was 387 00:24:17,083 --> 00:24:19,417 set at 93 miles an hour. 388 00:24:20,667 --> 00:24:22,500 It doesn't look good for Heather. 389 00:24:22,583 --> 00:24:25,167 So, we are headed 390 00:24:25,250 --> 00:24:28,125 back to the scene of the accident. 391 00:24:28,208 --> 00:24:30,375 We are meeting with Bryan Corb, 392 00:24:30,458 --> 00:24:32,833 who is my accident expert. 393 00:24:37,167 --> 00:24:38,333 Hey, Bryan. 394 00:24:38,375 --> 00:24:40,167 BRYAN CORB: Hey. 395 00:24:40,208 --> 00:24:41,542 SIMS: Looking at the scene, 396 00:24:41,667 --> 00:24:43,583 it's a very busy intersection. 397 00:24:49,042 --> 00:24:52,125 You can still see the tire marks from Heather's car. 398 00:24:54,542 --> 00:24:57,083 We've got to figure out how that accident happened. 399 00:24:57,208 --> 00:24:58,125 CORB: Yes. 400 00:24:59,125 --> 00:25:00,000 (CAMERA CLICKS) 401 00:25:02,875 --> 00:25:04,667 (HORN BLARING) 402 00:25:04,708 --> 00:25:06,708 CORB: From reading the offense report, 403 00:25:06,792 --> 00:25:09,375 the Chevrolet is obviously coming 404 00:25:09,375 --> 00:25:10,583 down on Baker Road, 405 00:25:11,375 --> 00:25:12,750 coming under the overpass, 406 00:25:13,625 --> 00:25:16,375 approaching the light, 407 00:25:16,458 --> 00:25:18,458 and Heather's coming down Decker. 408 00:25:20,667 --> 00:25:23,583 Both vehicles then impact at the intersection. 409 00:25:31,708 --> 00:25:33,250 SIMS: So, Bryan, we know 410 00:25:33,333 --> 00:25:36,750 -her speedometer stopped at 93 miles an hour. -Right. 411 00:25:38,667 --> 00:25:41,000 SIMS: And I don't know how that impacts our case, 412 00:25:41,125 --> 00:25:44,042 if that's going to be something problematic for me. 413 00:25:44,125 --> 00:25:45,792 Okay. So, 414 00:25:45,875 --> 00:25:47,458 a couple of things that we want to look at 415 00:25:47,542 --> 00:25:49,250 from the very start. 416 00:25:49,375 --> 00:25:52,833 Can she get up to a high rate of speed 417 00:25:52,875 --> 00:25:55,542 based on distance from the railroad tracks 418 00:25:55,625 --> 00:25:57,542 -to the area of impact? -SIMS: Okay. 419 00:25:57,625 --> 00:25:59,417 CORB: Because I know there's railroad tracks 420 00:25:59,500 --> 00:26:00,792 probably about a half a mile down. 421 00:26:02,500 --> 00:26:04,292 The other thing we want to look at is 422 00:26:04,375 --> 00:26:06,208 I would look at the speedometer 423 00:26:06,333 --> 00:26:09,000 to see what kind of motor the speedometer had in it. 424 00:26:09,042 --> 00:26:11,250 SIMS: But you know they didn't save the vehicle. 425 00:26:11,333 --> 00:26:13,667 Well, see, that's a problem. 426 00:26:13,708 --> 00:26:16,833 Because what that does then is that takes out evidence 427 00:26:16,917 --> 00:26:19,250 that we could have looked at, 428 00:26:19,333 --> 00:26:21,667 that unfortunately we're not going to be able to. 429 00:26:21,667 --> 00:26:23,125 -Okay. -The only thing we can do 430 00:26:23,208 --> 00:26:24,792 is pull up prior research 431 00:26:24,875 --> 00:26:26,708 that has been done on speedometers... 432 00:26:26,792 --> 00:26:28,542 -Okay. -...okay, based on previous research 433 00:26:28,625 --> 00:26:29,875 and technical papers. 434 00:26:30,000 --> 00:26:30,917 -Right. -Okay? 435 00:26:31,500 --> 00:26:32,875 The other factor is, 436 00:26:32,958 --> 00:26:35,667 did the officers attempt to obtain data 437 00:26:35,750 --> 00:26:37,333 of the other vehicle 438 00:26:37,375 --> 00:26:40,500 before everything was destroyed or gotten rid of? 439 00:26:40,542 --> 00:26:43,208 Did they attempt to obtain data and not get it? 440 00:26:44,458 --> 00:26:46,083 So it's gonna be crucial for you 441 00:26:46,167 --> 00:26:48,375 to gather information from the scene, 442 00:26:48,500 --> 00:26:50,875 gather information from the crash data 443 00:26:50,875 --> 00:26:52,750 and tell me what that means. 444 00:26:53,208 --> 00:26:54,125 Correct. Yes. 445 00:27:00,375 --> 00:27:01,250 (SUSPENSEFUL MUSIC PLAYING) 446 00:27:09,917 --> 00:27:12,167 SIMS: When the accident happened, 447 00:27:12,208 --> 00:27:15,167 there were eight total 911 calls. 448 00:27:15,208 --> 00:27:17,833 So, there are several witnesses 449 00:27:17,875 --> 00:27:19,958 that we need to shore up 450 00:27:20,042 --> 00:27:21,000 before trial. 451 00:27:36,292 --> 00:27:39,625 So, we have a total of 452 00:27:40,500 --> 00:27:41,875 four potential witnesses. 453 00:27:43,625 --> 00:27:45,667 Two witnesses for the state, 454 00:27:45,708 --> 00:27:47,833 maintaining that Heather was either speeding 455 00:27:47,917 --> 00:27:49,042 or ran a red light. 456 00:27:49,875 --> 00:27:51,750 That's problematic for me. 457 00:27:52,917 --> 00:27:54,333 However, 458 00:27:54,375 --> 00:27:57,375 here we have two witnesses 459 00:27:57,458 --> 00:28:00,042 that says that Heather did not run the red light. 460 00:28:02,375 --> 00:28:05,167 This woman saw the other driver 461 00:28:05,250 --> 00:28:06,833 run the red light, 462 00:28:06,958 --> 00:28:11,042 so she is going to be an excellent witness. 463 00:28:12,750 --> 00:28:15,125 I've also got another statement 464 00:28:15,208 --> 00:28:18,583 from the boyfriend, the passenger in Heather's vehicle, 465 00:28:18,667 --> 00:28:22,917 who will also testify that she did not run a red light. 466 00:28:23,000 --> 00:28:25,667 So, basically, I have two witnesses, 467 00:28:25,708 --> 00:28:27,625 the state has two witnesses, 468 00:28:27,625 --> 00:28:29,167 and they're conflicting. 469 00:28:29,208 --> 00:28:30,667 Which one is correct? 470 00:28:31,375 --> 00:28:34,333 Well, for me, the conflict 471 00:28:35,375 --> 00:28:37,375 creates reasonable doubt, 472 00:28:37,458 --> 00:28:40,458 and so I don't think a jury 473 00:28:40,542 --> 00:28:42,458 will be able to pick sides 474 00:28:42,542 --> 00:28:45,917 as to who was accurate and who was not. 475 00:28:46,000 --> 00:28:48,083 So, that's a huge win for me. 476 00:28:51,792 --> 00:28:53,208 (MUSIC PLAYING) 477 00:28:55,500 --> 00:28:57,750 -Hey, Bryan, how are you? -Good. How are you doing? 478 00:28:57,833 --> 00:28:58,833 -Good to see you. -Good to see you, 479 00:28:58,875 --> 00:28:59,875 thanks for coming. 480 00:28:59,958 --> 00:29:01,083 What do you got for me? 481 00:29:07,542 --> 00:29:09,542 The speedometer showed it was locked 482 00:29:09,625 --> 00:29:11,500 at 93 miles per hour. 483 00:29:11,583 --> 00:29:13,958 The needle showed to be frozen at 93. 484 00:29:14,708 --> 00:29:17,667 So, let's look at research 485 00:29:17,750 --> 00:29:20,208 that was done on speedometers freezing. 486 00:29:22,208 --> 00:29:24,458 They did several tests on various vehicles. 487 00:29:25,375 --> 00:29:26,458 This one conclusion, 488 00:29:26,542 --> 00:29:28,292 it says, "Needles of instruments 489 00:29:28,375 --> 00:29:29,750 "can easily be moved 490 00:29:29,833 --> 00:29:32,000 "in the event of lateral forces 491 00:29:32,042 --> 00:29:33,458 "experienced in a collision. 492 00:29:33,542 --> 00:29:36,417 "So any frozen readings are likely to be unreliable." 493 00:29:37,208 --> 00:29:39,125 Okay. 494 00:29:39,208 --> 00:29:40,875 -Makes sense? Okay. -Mmm-hmm. Makes sense. 495 00:29:41,208 --> 00:29:42,125 So, 496 00:29:42,792 --> 00:29:44,000 let's look at 497 00:29:44,083 --> 00:29:47,000 what the officers did with the 3D scanner. 498 00:29:48,167 --> 00:29:50,167 It takes thousands of photographs, 499 00:29:50,250 --> 00:29:54,375 stitched together to make it go all the way around your scene. 500 00:29:54,458 --> 00:29:56,000 -Interesting. -Okay. So... 501 00:29:57,042 --> 00:29:59,833 we can see Heather's vehicle. 502 00:29:59,875 --> 00:30:03,667 -So, first impact being with the pickup truck. -SIMS: Mmm-hmm. 503 00:30:03,750 --> 00:30:05,167 CORB: You can imagine that kind of force... 504 00:30:05,208 --> 00:30:07,000 -Mmm-hmm. -...once it hits, 505 00:30:07,042 --> 00:30:09,000 the damage that was done. 506 00:30:09,083 --> 00:30:11,000 But then, you can kind of see 507 00:30:11,042 --> 00:30:13,125 where she impacts with the curb. 508 00:30:15,208 --> 00:30:17,375 That's going to be your second impact. 509 00:30:17,500 --> 00:30:19,250 SIMS: Okay. 510 00:30:19,333 --> 00:30:23,083 Then, of course, your third impact is back over here. 511 00:30:23,167 --> 00:30:25,792 So there's possibly three impacts. 512 00:30:27,500 --> 00:30:29,458 So, how can you say 513 00:30:30,917 --> 00:30:33,792 that the impact didn't affect the speedometer? 514 00:30:35,458 --> 00:30:36,792 Okay. Awesome. 515 00:30:38,542 --> 00:30:39,667 CORB: The other factor is, 516 00:30:39,708 --> 00:30:42,667 could she have built up to the 93 517 00:30:42,792 --> 00:30:44,208 that the speedometer's pegged? 518 00:30:45,375 --> 00:30:47,208 So what I did is I just took a measurement 519 00:30:47,208 --> 00:30:50,333 -from the railroad tracks being right here... -SIMS: Mmm-hmm. 520 00:30:50,417 --> 00:30:53,208 ...all the way down to the area of impact. 521 00:30:53,292 --> 00:30:54,917 You're looking at about 1,500 feet. 522 00:30:55,042 --> 00:30:56,958 -Okay. -All right. So, 523 00:30:57,042 --> 00:31:00,833 what I've done is a time calculation. 524 00:31:00,833 --> 00:31:01,875 It's basic physics. 525 00:31:01,958 --> 00:31:02,917 -Okay. -Okay? 526 00:31:03,000 --> 00:31:05,958 So, taking that 1,500 feet, 527 00:31:06,042 --> 00:31:08,542 using a normal acceleration rate, 528 00:31:08,625 --> 00:31:11,208 you're looking at a speed of 41 miles per hour. 529 00:31:12,167 --> 00:31:13,292 Okay. 530 00:31:13,375 --> 00:31:15,208 Or, worst case, 531 00:31:15,292 --> 00:31:17,333 rapid acceleration, which would be, 532 00:31:17,375 --> 00:31:20,667 I'm going to go just accelerate as quick as I can, 533 00:31:20,750 --> 00:31:22,375 a speed of 68 miles per hour. 534 00:31:22,750 --> 00:31:24,333 Again, 535 00:31:24,375 --> 00:31:27,792 nowhere close to our 93 that the speedometer's pegged. 536 00:31:27,875 --> 00:31:29,167 SIMS: Right. 537 00:31:29,167 --> 00:31:32,000 So we have knocked out the argument 538 00:31:32,083 --> 00:31:33,833 that she was going 93 miles an hour? 539 00:31:33,875 --> 00:31:34,958 CORB: I believe so, yes. 540 00:31:35,375 --> 00:31:36,750 Okay. 541 00:31:36,833 --> 00:31:38,042 Very good news. 542 00:31:46,958 --> 00:31:51,458 We know from the airbag control module download 543 00:31:51,542 --> 00:31:55,000 that the pickup truck was accelerating, 544 00:31:55,125 --> 00:31:58,083 starts at 21 miles per hour 545 00:31:58,167 --> 00:32:00,167 with a 61% throttle, 546 00:32:00,250 --> 00:32:02,500 gets up to 42 miles per hour. 547 00:32:02,542 --> 00:32:04,917 -Okay? Which... -Mmm-hmm. 548 00:32:05,042 --> 00:32:06,833 What's the speed limit on that road? 549 00:32:06,958 --> 00:32:08,333 -Forty. -Forty. 550 00:32:08,375 --> 00:32:10,167 So now, it's already over the speed limit. 551 00:32:10,292 --> 00:32:12,375 -Mmm-hmm. -And increasing. 552 00:32:12,958 --> 00:32:14,417 And increasing? 553 00:32:15,833 --> 00:32:18,500 All the little factors seem to fit together 554 00:32:18,583 --> 00:32:22,917 to support our conclusion she was not reckless and... 555 00:32:23,042 --> 00:32:25,500 And, um, committing manslaughter. 556 00:32:25,583 --> 00:32:27,792 Agreed. 557 00:32:27,875 --> 00:32:30,167 -That's going to have a huge impact on our case. -Right. 558 00:32:32,792 --> 00:32:34,417 (SUSPENSEFUL MUSIC PLAYING) 559 00:32:34,500 --> 00:32:37,333 SIMS: My meeting with Bryan went extremely well. 560 00:32:38,583 --> 00:32:41,875 He maintains that it was impossible for Heather 561 00:32:41,958 --> 00:32:44,167 to be going 93 miles an hour. 562 00:32:44,250 --> 00:32:48,083 He also explained that the complainant was accelerating. 563 00:32:48,208 --> 00:32:51,250 And then I think he's a crucial element 564 00:32:51,250 --> 00:32:53,292 to me being able to get my case dismissed. 565 00:32:54,708 --> 00:32:56,083 (SUSPENSEFUL MUSIC PLAYING) 566 00:33:04,958 --> 00:33:06,875 (DRAMATIC MUSIC PLAYING) 567 00:33:06,958 --> 00:33:12,250 I've worked many months to get this case ready for trial. 568 00:33:12,333 --> 00:33:15,042 I have been through all of the evidence 569 00:33:15,125 --> 00:33:18,042 and put together the pieces of the puzzle, 570 00:33:18,792 --> 00:33:21,333 and in my opinion, 571 00:33:21,417 --> 00:33:24,208 they have persecuted Heather wrongfully, 572 00:33:24,917 --> 00:33:26,708 and I want a dismissal. 573 00:33:28,875 --> 00:33:33,083 I desperately want to bring closure to this for Heather. 574 00:33:34,125 --> 00:33:35,500 (DRAMATIC MUSIC PLAYING) 575 00:33:39,458 --> 00:33:42,167 So I'm here downtown at the courthouse, 576 00:33:42,208 --> 00:33:44,500 and I'm going to meet with the district attorney. 577 00:33:45,667 --> 00:33:46,833 We're going to go in 578 00:33:46,917 --> 00:33:49,375 and see if we can get it dismissed. 579 00:34:05,042 --> 00:34:07,167 We had the meeting, 580 00:34:07,250 --> 00:34:11,083 they are open to reviewing Bryan's report. 581 00:34:11,167 --> 00:34:13,333 They're going to evaluate it and make a decision 582 00:34:13,417 --> 00:34:16,125 on whether or not to dismiss or go to trial. 583 00:34:18,250 --> 00:34:19,833 If they don't dismiss this case, 584 00:34:19,875 --> 00:34:21,292 we will go to trial. 585 00:34:34,917 --> 00:34:37,625 So, today we're going to visit Heather 586 00:34:38,708 --> 00:34:40,500 and discuss the trial. 587 00:34:49,292 --> 00:34:51,917 I need to discuss with Heather 588 00:34:52,000 --> 00:34:53,917 her potential testimony, 589 00:34:54,000 --> 00:34:55,833 and I need to gauge whether or not 590 00:34:55,917 --> 00:35:00,292 Heather's in a position to talk. 591 00:35:10,167 --> 00:35:12,625 Hey, Heather. How are you, sweetie? 592 00:35:12,708 --> 00:35:13,667 -(HOARSELY) I'm good. -Good to see you. 593 00:35:19,917 --> 00:35:21,250 SIMS: Now, I know 594 00:35:21,333 --> 00:35:23,542 you've just had surgery, 595 00:35:23,542 --> 00:35:26,833 your voice is not all the way back, 596 00:35:26,875 --> 00:35:29,833 but I wanted to talk to you about 597 00:35:29,875 --> 00:35:31,625 getting ready for trial. 598 00:35:33,375 --> 00:35:35,958 When are you expected to get your voice back? 599 00:35:36,042 --> 00:35:37,542 (SPEAKING IN HOARSE VOICE) 600 00:35:39,708 --> 00:35:40,625 Oh. 601 00:35:45,542 --> 00:35:47,042 Okay. 602 00:35:47,125 --> 00:35:48,875 I still want you to testify. 603 00:35:50,875 --> 00:35:52,042 In my opinion, 604 00:35:52,167 --> 00:35:54,708 the jury needs to connect to you directly. 605 00:35:56,708 --> 00:35:58,667 You know, as a mother who lost her child, 606 00:35:58,750 --> 00:36:01,333 I want you to talk about Julian on the stand. 607 00:36:05,333 --> 00:36:06,958 I... I totally get it. 608 00:36:07,042 --> 00:36:08,500 And... And it should be. 609 00:36:09,625 --> 00:36:11,583 You know, this is your future on the line. 610 00:36:19,042 --> 00:36:20,125 I know. 611 00:36:48,375 --> 00:36:49,250 No. 612 00:36:49,333 --> 00:36:51,417 You are innocent. 613 00:36:51,500 --> 00:36:52,417 (CRYING) 614 00:36:55,458 --> 00:36:57,292 It's not just a "not guilty." 615 00:36:58,042 --> 00:36:59,250 You are innocent. 616 00:37:01,792 --> 00:37:03,917 I can't tell you what's going to happen yet, 617 00:37:05,792 --> 00:37:08,000 but I want you to be strong. 618 00:37:08,083 --> 00:37:10,042 You've been strong for three years. 619 00:37:10,125 --> 00:37:11,833 You are a very strong woman. 620 00:37:13,958 --> 00:37:15,292 SIMS: I know. 621 00:37:15,375 --> 00:37:16,792 And you will make it through this 622 00:37:16,875 --> 00:37:17,875 if we have to go to trial. 623 00:37:35,542 --> 00:37:36,500 (SUSPENSEFUL MUSIC PLAYING) 624 00:37:36,708 --> 00:37:39,208 SIMS: We are set for trial in a few days. 625 00:37:41,000 --> 00:37:43,083 The DA has a report 626 00:37:43,167 --> 00:37:47,167 from my accident reconstruction expert, 627 00:37:47,250 --> 00:37:50,167 and he's evaluating it now 628 00:37:50,208 --> 00:37:53,167 and he's going to make a decision, 629 00:37:53,208 --> 00:37:54,958 if he's going to dismiss this case 630 00:37:55,042 --> 00:37:57,375 or go forward to trial, 631 00:37:58,583 --> 00:38:00,917 and we are just in a waiting game right now. 632 00:38:02,042 --> 00:38:04,125 I'm hoping for a dismissal, 633 00:38:04,208 --> 00:38:06,917 but I've got to prepare for trial 634 00:38:07,000 --> 00:38:08,375 just in case we go. 635 00:38:16,042 --> 00:38:18,000 (SUSPENSEFUL MUSIC PLAYING) 636 00:38:26,583 --> 00:38:28,792 I really feel for Heather right now, 637 00:38:30,417 --> 00:38:32,833 because she has to mentally prepare herself 638 00:38:32,917 --> 00:38:36,583 for going through a trial 639 00:38:36,667 --> 00:38:39,667 where she could potentially face 20 years in prison. 640 00:38:53,208 --> 00:38:55,750 The stakes are extremely high. 641 00:38:55,833 --> 00:38:59,292 This is one of the most important cases I've ever had. 642 00:39:00,417 --> 00:39:02,583 I want justice for her. 643 00:39:10,917 --> 00:39:12,833 (GUERRA SPEAKING) 644 00:39:23,083 --> 00:39:24,333 HERNANDEZ: It overtakes you. 645 00:39:24,708 --> 00:39:25,750 Yes. 646 00:39:25,833 --> 00:39:29,583 It makes you feel just totally wiped out. 647 00:39:31,458 --> 00:39:32,875 (GUERRA SPEAKING) 648 00:39:44,500 --> 00:39:46,708 HERNANDEZ: I have such a sick stomach. 649 00:39:47,292 --> 00:39:48,750 I am so anxious. 650 00:40:25,458 --> 00:40:26,917 (CRYING) Oh, my God... 651 00:40:30,042 --> 00:40:31,917 Oh, they did it. 652 00:40:35,458 --> 00:40:37,167 My baby's free. 653 00:40:37,958 --> 00:40:39,917 (MUSIC PLAYING) 654 00:40:42,042 --> 00:40:42,917 Oh. 655 00:40:43,375 --> 00:40:44,417 (SOBS) 656 00:40:46,875 --> 00:40:49,667 Oh, my God. Here she is, Mom. (LAUGHS) 657 00:40:51,042 --> 00:40:52,417 Oh. 658 00:40:53,833 --> 00:40:54,958 (SOBS) 659 00:41:00,833 --> 00:41:01,958 It's over. 660 00:41:04,500 --> 00:41:08,458 SIMS: You're welcome. You deserve it. 661 00:41:08,542 --> 00:41:09,833 HERNANDEZ: You're free, sweetheart. 662 00:41:10,458 --> 00:41:11,833 Now it's over. 663 00:41:12,417 --> 00:41:13,917 Oh, my gosh! 664 00:41:22,750 --> 00:41:24,833 Okay. 665 00:41:24,875 --> 00:41:27,167 -I think I hollered in the courtroom. -GUERRA: Yes. 666 00:41:27,250 --> 00:41:28,583 I did? (LAUGHS) 667 00:41:38,125 --> 00:41:39,708 The expert report 668 00:41:39,792 --> 00:41:42,375 by my accident reconstructionist, 669 00:41:42,458 --> 00:41:44,292 that was instrumental. 670 00:41:44,375 --> 00:41:46,458 When we approached and he said dismissed, 671 00:41:46,542 --> 00:41:48,875 it was just overwhelming. 672 00:41:49,042 --> 00:41:50,000 I'm so happy. 673 00:42:26,750 --> 00:42:29,000 SIMS: It's been a long road to get here. 674 00:42:29,083 --> 00:42:31,583 A long road, and I feel very relieved 675 00:42:31,708 --> 00:42:34,042 and I'm very happy we don't have to go to trial. 676 00:42:35,333 --> 00:42:37,250 She's a free person now. 677 00:42:37,250 --> 00:42:42,833 And for me, as an attorney, to be able to give that back to her 678 00:42:42,917 --> 00:42:44,792 is the greatest feeling in the world. 679 00:42:50,042 --> 00:42:51,875 (MUSIC PLAYING)