1 00:00:08,875 --> 00:00:10,500 (JASON EDGE SPEAKING) 2 00:00:11,208 --> 00:00:12,583 (RHONDA FLOWERS SPEAKING) 3 00:00:13,542 --> 00:00:15,125 (JASON SPEAKING) 4 00:00:15,708 --> 00:00:17,167 (RHONDA SPEAKING) 5 00:00:27,125 --> 00:00:29,000 JASON: The car went off the roadway. 6 00:00:29,625 --> 00:00:30,917 It hit a culvert. 7 00:00:31,000 --> 00:00:33,000 The car flipped. There was a rollover. 8 00:00:34,583 --> 00:00:37,500 Rhonda and her friend Jo survived the crash. 9 00:00:38,667 --> 00:00:39,542 Her mother did not. 10 00:00:45,375 --> 00:00:48,458 I'll never get over losing Mother in my car. 11 00:00:49,417 --> 00:00:51,917 But I have to live with it, 12 00:00:52,000 --> 00:00:54,208 and I know that it was just an accident. 13 00:00:54,292 --> 00:00:57,167 The prosecution is gonna try to paint a picture 14 00:00:57,167 --> 00:01:00,542 of Rhonda being high and driving all over the road. 15 00:01:08,708 --> 00:01:11,667 RHONDA: The idea of having to go to court 16 00:01:11,792 --> 00:01:15,042 and then 12 people decide the rest of my life 17 00:01:15,917 --> 00:01:17,375 frankly scares me to death. 18 00:01:41,042 --> 00:01:45,083 My name is Jason Edge, with the Edge Law Firm here in Tulsa, Oklahoma. 19 00:01:46,167 --> 00:01:48,750 I'm a criminal defense attorney. 20 00:01:48,833 --> 00:01:50,333 I represent Rhonda Flowers, 21 00:01:51,667 --> 00:01:55,125 who is charged with manslaughter in the first degree 22 00:01:55,708 --> 00:01:56,625 of her own mother, 23 00:01:59,458 --> 00:02:05,083 In August of 2019, Rhonda, her best friend, Jo Campbell, 24 00:02:05,167 --> 00:02:07,000 and her mother, Betty Samples, 25 00:02:07,083 --> 00:02:10,125 who was, I believe, 89 at the time, 26 00:02:10,208 --> 00:02:13,833 were driving in Nowata, Oklahoma, 27 00:02:13,917 --> 00:02:16,500 and they were traveling to go to a family dinner. 28 00:02:17,875 --> 00:02:19,875 En route to that family dinner 29 00:02:19,958 --> 00:02:21,583 the car went off the roadway. 30 00:02:23,250 --> 00:02:24,208 It hit a culvert. 31 00:02:24,333 --> 00:02:25,792 The car flipped. 32 00:02:25,875 --> 00:02:26,750 There was a rollover. 33 00:02:28,542 --> 00:02:32,375 Rhonda and her friend Jo survived the crash. 34 00:02:32,458 --> 00:02:34,375 Her mother, unfortunately, did not. 35 00:02:37,500 --> 00:02:40,958 The state is alleging that Rhonda was driving 36 00:02:41,042 --> 00:02:46,083 under the influence of Ambien, a prescription sleep aid. 37 00:02:46,208 --> 00:02:48,000 And they're also alleging that she was driving 38 00:02:48,083 --> 00:02:51,333 while speeding and driving recklessly. 39 00:02:51,333 --> 00:02:54,167 She's charged with manslaughter in the first degree, 40 00:02:54,208 --> 00:02:56,000 which means Rhonda could be facing 41 00:02:56,042 --> 00:02:57,792 potentially up to life in prison. 42 00:03:01,792 --> 00:03:06,667 I think this was just a tragic accident on a dangerous road, 43 00:03:06,750 --> 00:03:09,292 and this case should have never been filed. 44 00:03:11,417 --> 00:03:16,250 I could not imagine having to live with the fact that I had an accident 45 00:03:16,375 --> 00:03:18,667 in which my mother perished, 46 00:03:18,792 --> 00:03:22,750 and have to be facing the rest of my life in prison, for that. 47 00:03:24,292 --> 00:03:26,792 It's been three years now, almost, 48 00:03:26,917 --> 00:03:29,708 and this trial is still hanging over Rhonda's head. 49 00:03:29,792 --> 00:03:32,667 Uh, we don't believe that she's gotten the proper time to grieve. 50 00:03:35,375 --> 00:03:38,167 The only sense of justice, in my opinion, 51 00:03:38,250 --> 00:03:40,917 would be her walking out of that courtroom free. 52 00:03:41,042 --> 00:03:44,417 Anything else would be unjust. 53 00:04:00,667 --> 00:04:06,750 This is where I had purchased a home, 54 00:04:06,833 --> 00:04:13,333 to downsize and to fix it up for Mother. 55 00:04:13,333 --> 00:04:15,292 She and I were going to live here. 56 00:04:24,458 --> 00:04:28,333 For me I've never been able to put Mother to rest. 57 00:04:28,500 --> 00:04:30,500 I just can't live here without her. 58 00:04:32,417 --> 00:04:34,750 I've had this house, 59 00:04:34,833 --> 00:04:36,458 almost three years, 60 00:04:37,542 --> 00:04:39,500 and this is the extent of my life. 61 00:04:43,375 --> 00:04:45,792 It just looks like what my life feels like, 62 00:04:47,042 --> 00:04:49,250 it just got put on hold somewhere. 63 00:04:55,875 --> 00:04:59,792 August the 26th of 2019, 64 00:04:59,875 --> 00:05:02,250 that was sort of the end of life as I knew it. 65 00:05:04,208 --> 00:05:06,292 It was roughly three or four months 66 00:05:06,375 --> 00:05:09,083 after the accident that I found out 67 00:05:09,083 --> 00:05:10,875 that I'm being charged 68 00:05:10,958 --> 00:05:14,417 with first degree manslaughter of my mother. 69 00:05:14,500 --> 00:05:16,042 And so everything has just sat 70 00:05:17,083 --> 00:05:19,625 while I wait on trial. 71 00:05:21,250 --> 00:05:22,583 You know, I've just had to decide 72 00:05:22,667 --> 00:05:24,458 I have to take care of this stuff 73 00:05:24,542 --> 00:05:26,667 as if I'm not coming back for a while. 74 00:05:31,292 --> 00:05:34,333 This house had a lot of different rooms to it, 75 00:05:34,333 --> 00:05:38,667 and I opened it completely up for her to be able to get around 76 00:05:38,792 --> 00:05:40,625 with her walker and things. 77 00:05:42,125 --> 00:05:44,000 I had a purpose when I did this 78 00:05:44,042 --> 00:05:46,583 and that purpose is gone, 79 00:05:46,667 --> 00:05:49,333 and she was a wonderful mother, 80 00:05:49,375 --> 00:05:51,833 always there for you. 81 00:05:51,917 --> 00:05:55,667 I knew she loved me, and I know she knows I loved her, 82 00:05:55,750 --> 00:05:58,000 and I wouldn't have hurt her for anything. 83 00:05:58,750 --> 00:06:01,542 (CRIES) 84 00:06:08,125 --> 00:06:10,042 (PENSIVE MUSIC PLAYING) 85 00:06:23,542 --> 00:06:25,042 Rhonda's coming in to meet with me today, 86 00:06:25,125 --> 00:06:27,708 and we're gonna be going over our trial preparation. 87 00:06:28,583 --> 00:06:29,750 Hi, Rhonda, come on back. 88 00:06:29,833 --> 00:06:31,208 I'm going to give her a chance 89 00:06:31,292 --> 00:06:32,875 to go over everything that she remembers 90 00:06:33,000 --> 00:06:35,667 from the day of this tragic accident that took her mom's life, 91 00:06:35,750 --> 00:06:39,375 so that I can be best prepared to tell her story to the jury. 92 00:06:40,375 --> 00:06:42,667 Trial is rapidly approaching. 93 00:06:42,750 --> 00:06:45,167 I wanna make sure that I'm absolutely 94 00:06:45,208 --> 00:06:47,500 crystal clear about what happened. 95 00:06:47,583 --> 00:06:50,625 -I had planned to rest that day... -Okay. 96 00:06:50,708 --> 00:06:53,458 ...until dinner and I took one of my Ambien, 97 00:06:53,542 --> 00:06:55,542 and I took that at about ten. 98 00:06:55,542 --> 00:06:58,667 And obviously that's not the time you normally take it. 99 00:06:58,708 --> 00:07:01,208 No, normally I take it to sleep at night, 100 00:07:01,292 --> 00:07:03,167 but I knew that I needed some rest. 101 00:07:10,042 --> 00:07:14,708 We had made plans to go for dinner around five o'clock. 102 00:07:14,792 --> 00:07:18,042 Mother and I drove down to my friend Jo's house. 103 00:07:18,125 --> 00:07:20,417 She got in the car, 104 00:07:20,500 --> 00:07:23,833 and my brother lives to the east of town. 105 00:07:23,833 --> 00:07:26,667 When I got to the intersection, I made a right turn 106 00:07:26,708 --> 00:07:28,833 to go out and pick him up. 107 00:07:28,958 --> 00:07:33,000 At some point, he said we passed him. 108 00:07:33,042 --> 00:07:36,667 So I get a telephone call asking me where I'm going. 109 00:07:36,750 --> 00:07:38,667 -There was some confusion. -Okay. 110 00:07:38,750 --> 00:07:43,167 His understanding was that he was going to meet us there. 111 00:07:43,250 --> 00:07:46,250 I went on a mission to find a place to turn around. 112 00:07:46,333 --> 00:07:50,542 And when we got back to the same intersection we had pulled out from, 113 00:07:50,667 --> 00:07:54,000 that is where we hit that culvert 114 00:07:54,083 --> 00:07:56,958 that sent us airborne and had the accident. 115 00:07:59,167 --> 00:08:01,833 Do you recall speeding? Do you think you were speeding? 116 00:08:01,917 --> 00:08:05,333 I have no recollection of seeing 117 00:08:05,375 --> 00:08:08,458 the speed limit on my dashboard. 118 00:08:08,542 --> 00:08:10,250 What do you remember about the accident? 119 00:08:10,333 --> 00:08:11,792 It was very quick. 120 00:08:11,875 --> 00:08:15,542 All I had time to do was just to hold on 121 00:08:15,625 --> 00:08:17,375 until it was over with. 122 00:08:17,500 --> 00:08:19,792 The first thing when everything stopped, 123 00:08:19,875 --> 00:08:23,375 I remember asking Jo, "Are you all right?" 124 00:08:23,458 --> 00:08:25,625 And she said, "Yes, I am, are you?" 125 00:08:25,708 --> 00:08:28,208 And then I immediately noticed 126 00:08:28,292 --> 00:08:30,417 Mother being completely 127 00:08:30,542 --> 00:08:33,292 face down in the seat of the car. 128 00:08:33,375 --> 00:08:35,833 I thought the wind was knocked out of her. 129 00:08:35,917 --> 00:08:38,500 I thought she just didn't have her breath. 130 00:08:38,583 --> 00:08:41,542 -And her seat belt was on her? -Her seat belt was on. 131 00:08:41,667 --> 00:08:44,042 She never rode in the car without her belt on. 132 00:08:44,125 --> 00:08:46,292 -And did either of your front airbags... -No. 133 00:08:46,375 --> 00:08:48,250 -...deploy? -No. 134 00:08:48,333 --> 00:08:52,500 It seemed very quick that people were at the car. 135 00:08:52,583 --> 00:08:55,250 But they just immediately told me that she was gone. 136 00:08:57,750 --> 00:08:58,708 Okay. 137 00:09:00,917 --> 00:09:03,333 So they charge you with manslaughter 138 00:09:03,417 --> 00:09:06,375 on two alternate theories, okay? 139 00:09:06,375 --> 00:09:07,667 It's not two charges of manslaughter. 140 00:09:07,792 --> 00:09:09,958 It's manslaughter under theory A, 141 00:09:10,042 --> 00:09:12,500 or manslaughter under theory B. 142 00:09:12,583 --> 00:09:16,417 The first one is manslaughter based on them alleging 143 00:09:16,500 --> 00:09:17,958 that you were DUI, 144 00:09:18,042 --> 00:09:20,208 driving under the influence of Ambien, 145 00:09:20,292 --> 00:09:21,792 your prescription sleep medicine. 146 00:09:22,625 --> 00:09:25,708 The second one is 147 00:09:25,792 --> 00:09:27,667 they're telling the jury if they don't believe that, 148 00:09:27,708 --> 00:09:29,583 then they can still convict you of manslaughter 149 00:09:29,667 --> 00:09:31,667 if they believe that you were driving recklessly 150 00:09:31,750 --> 00:09:33,875 and caused an accident, okay? 151 00:09:35,375 --> 00:09:37,917 The charge of manslaughter that they have charged you with, 152 00:09:38,042 --> 00:09:42,958 if you're convicted, that carries between four years up to life. 153 00:09:44,875 --> 00:09:46,292 We don't think that you're guilty. 154 00:09:46,375 --> 00:09:49,208 We don't think that you're being fairly charged here, 155 00:09:49,208 --> 00:09:50,958 and we're gonna do everything in our power 156 00:09:51,042 --> 00:09:52,833 to make sure the jury knows that. 157 00:09:52,917 --> 00:09:54,208 I appreciate your work on it. 158 00:09:55,708 --> 00:09:56,917 -Thank you. -We'll try. 159 00:09:59,042 --> 00:10:01,708 The prosecution is gonna try to paint a picture 160 00:10:01,833 --> 00:10:05,125 of Rhonda being high, actively under the influence 161 00:10:05,208 --> 00:10:06,792 of her prescription Ambien 162 00:10:06,875 --> 00:10:09,667 and driving all over the road. 163 00:10:09,750 --> 00:10:12,208 I believe Rhonda, but that doesn't mean 164 00:10:12,292 --> 00:10:14,917 that a jury will believe her, and that's the challenge. 165 00:10:16,667 --> 00:10:19,208 RHONDA: The idea of having to go to court 166 00:10:19,333 --> 00:10:22,792 and then 12 people decide the rest of my life 167 00:10:23,625 --> 00:10:24,958 frankly scares me to death. 168 00:10:26,667 --> 00:10:29,042 But there's nothing they can do to me 169 00:10:30,208 --> 00:10:32,458 that's worse than what has happened to me, 170 00:10:32,542 --> 00:10:35,917 and I have to carry the loss of my mother for the rest of my life. 171 00:10:48,083 --> 00:10:50,000 JASON: The state's charged Rhonda with manslaughter 172 00:10:50,083 --> 00:10:53,708 in the first degree of her own mother. 173 00:10:53,792 --> 00:10:57,875 The main obstacle is that Ambien was found in her blood. 174 00:10:57,958 --> 00:11:00,750 (PENSIVE MUSIC PLAYING) 175 00:11:08,250 --> 00:11:11,333 The timeline that we have is about seven hours, um, 176 00:11:11,417 --> 00:11:13,500 after Rhonda had taken the Ambien 177 00:11:13,583 --> 00:11:15,375 until before the accident happened. 178 00:11:15,458 --> 00:11:17,542 -JASON: Hi, Dr. Stevens. -Hey, Jason. 179 00:11:17,667 --> 00:11:18,917 One of the things that I wanna go through 180 00:11:19,000 --> 00:11:20,958 with our expert, the pharmacologist, 181 00:11:21,042 --> 00:11:25,042 is how long Ambien stays in the system. 182 00:11:27,208 --> 00:11:29,833 First of all, do you have any ultimate conclusions 183 00:11:29,875 --> 00:11:31,875 that you came to from the report? 184 00:11:31,875 --> 00:11:34,667 DR. CRAIG STEVENS: To tell you the truth, it's not exactly clear what was done. 185 00:11:34,792 --> 00:11:36,917 The actual report just says, 186 00:11:37,042 --> 00:11:39,750 ethyl alcohol content, none detected. 187 00:11:40,708 --> 00:11:42,583 Zolpidem... 188 00:11:42,667 --> 00:11:44,542 That's it. Doesn't say zolpidem level, 189 00:11:44,625 --> 00:11:45,667 doesn't say the method they used. 190 00:11:45,708 --> 00:11:48,042 So there is no way you can conclude 191 00:11:48,125 --> 00:11:49,667 that a person was intoxicated 192 00:11:49,708 --> 00:11:51,917 just because of detection. 193 00:11:52,000 --> 00:11:55,292 JASON: Based on a five milligram dosage, 194 00:11:55,375 --> 00:11:58,000 how many hours after taking it 195 00:11:58,083 --> 00:12:01,500 would it be reasonably safe to assume 196 00:12:01,583 --> 00:12:03,125 the person would be fine to drive? 197 00:12:03,208 --> 00:12:06,542 If she took five milligrams at, at 10:00 a.m., 198 00:12:06,667 --> 00:12:08,167 theoretically, at about 11:00 a.m., 199 00:12:08,292 --> 00:12:10,125 she would have the peak amount in her blood. 200 00:12:10,208 --> 00:12:12,667 It gets you to sleep and kind of holds you 201 00:12:12,750 --> 00:12:14,333 to sleep for three or four hours. 202 00:12:14,375 --> 00:12:15,583 But then, as it comes down, 203 00:12:15,667 --> 00:12:17,250 it would not be effective anymore. 204 00:12:17,333 --> 00:12:19,000 And it's designed that way on purpose, 205 00:12:19,042 --> 00:12:21,167 because when you take it at night 206 00:12:21,292 --> 00:12:22,583 before you go to sleep, 207 00:12:22,667 --> 00:12:24,708 you don't want to wake up the next day and still be groggy 208 00:12:24,708 --> 00:12:26,292 when you get in your car or anything like that. 209 00:12:26,375 --> 00:12:28,625 That wouldn't concern you for somebody to be driving 210 00:12:28,708 --> 00:12:31,500 seven hours after a five milligram dose? 211 00:12:31,583 --> 00:12:33,167 No, not at all. 212 00:12:33,250 --> 00:12:35,000 I'm concerned that jurors are going to say, 213 00:12:35,083 --> 00:12:37,375 "Well, it still showed in her blood. 214 00:12:37,458 --> 00:12:40,167 "I don't understand how it could be in her blood, but not affect her." 215 00:12:40,208 --> 00:12:42,958 Right, zolpidem, I think that's been detected 216 00:12:43,042 --> 00:12:46,833 uh, as long as 20 hours after taking a pill. 217 00:12:46,917 --> 00:12:48,875 You, you're saying 20 hours later 218 00:12:48,958 --> 00:12:50,667 you can still find the presence 219 00:12:50,708 --> 00:12:51,875 of that drug in somebody's system? 220 00:12:52,000 --> 00:12:53,167 That definitely doesn't mean 221 00:12:53,292 --> 00:12:54,833 that they're under the influence. 222 00:12:54,875 --> 00:12:57,750 That's correct. Hopefully, the jurors will understand 223 00:12:57,750 --> 00:13:00,167 that idea of a trace amount 224 00:13:00,208 --> 00:13:02,708 will not equal intoxication to them. 225 00:13:02,792 --> 00:13:04,042 -Appreciate it. -Okay. Thank you. 226 00:13:04,208 --> 00:13:05,333 -Yes, thank you. -Nice meeting you. 227 00:13:05,458 --> 00:13:07,000 Nice to meet you also. 228 00:13:07,042 --> 00:13:09,250 JASON: The meeting with Dr. Stevens went great. 229 00:13:09,333 --> 00:13:11,000 I think he's going to be an excellent witness for us. 230 00:13:12,667 --> 00:13:15,292 I think the truth will come out and it'll be in Rhonda's favor. 231 00:13:34,208 --> 00:13:36,500 RHONDA: At the time of the accident, 232 00:13:36,625 --> 00:13:38,083 my husband had been in 233 00:13:38,167 --> 00:13:42,042 a long-term care facility for about a year. 234 00:13:52,417 --> 00:13:57,458 It just became harder and harder to care for him. 235 00:13:57,542 --> 00:14:04,125 It's just all-encompassing, and it's emotionally draining. 236 00:14:04,208 --> 00:14:09,042 Um, all you're doing is handing somebody food 237 00:14:09,042 --> 00:14:12,167 and helping them shower, 238 00:14:12,250 --> 00:14:14,958 but it just gets progressively worse. 239 00:14:17,542 --> 00:14:20,792 Over the years, our relationship 240 00:14:20,875 --> 00:14:23,125 became very difficult. 241 00:14:23,208 --> 00:14:26,292 I couldn't, I couldn't see anything else on the other side. 242 00:14:26,375 --> 00:14:28,542 You're just going through the motions. 243 00:14:28,625 --> 00:14:30,833 I mean, you just get up, 244 00:14:30,917 --> 00:14:33,208 put one foot in front of the other and... 245 00:14:33,292 --> 00:14:36,750 and I did it, but I eventually 246 00:14:36,875 --> 00:14:39,667 got to where I didn't do it very well. 247 00:14:39,750 --> 00:14:42,125 It, it really, really wore on me. 248 00:14:43,958 --> 00:14:46,125 I couldn't sleep and I would call and, 249 00:14:46,208 --> 00:14:50,042 and talk to my doctor, and eventually he decided 250 00:14:50,125 --> 00:14:54,500 he would prescribe me the 0.5 Ambien to help me sleep. 251 00:14:56,208 --> 00:14:58,125 And that's how I came to have that in my life. 252 00:15:15,208 --> 00:15:17,167 We have some discovery here 253 00:15:17,292 --> 00:15:19,417 from the electronic data recording 254 00:15:19,500 --> 00:15:23,208 from Rhonda's car, the day of the accident. 255 00:15:23,292 --> 00:15:26,333 It appears to be showing the moments and the seconds 256 00:15:26,458 --> 00:15:28,125 right before the accident happened. 257 00:15:29,542 --> 00:15:30,833 But the most important thing 258 00:15:30,917 --> 00:15:32,417 that we're looking for first off is speed. 259 00:15:39,167 --> 00:15:41,333 Rhonda doesn't remember how fast she was going. 260 00:15:41,417 --> 00:15:43,333 Our hopes are that we find that she was just going 261 00:15:43,417 --> 00:15:45,333 a few miles an hour over the speed limit, 262 00:15:45,375 --> 00:15:47,917 and that certainly doesn't mean reckless driving. 263 00:15:48,875 --> 00:15:50,958 Here we go. 264 00:15:51,042 --> 00:15:53,583 The speed limit that she was driving in, 265 00:15:53,667 --> 00:15:58,542 to my understanding was 35-miles-per-hour zone. 266 00:15:58,667 --> 00:16:02,125 And if these are saying she was going 57 miles per hour, 267 00:16:02,208 --> 00:16:04,917 that's more than 20 miles per hour over the speed limit. 268 00:16:06,000 --> 00:16:08,333 That is not good numbers for us. 269 00:16:16,542 --> 00:16:18,333 (PENSIVE MUSIC PLAYING) 270 00:16:31,125 --> 00:16:32,833 It appears that they're going to be trying to say 271 00:16:32,875 --> 00:16:34,542 that Rhonda was going somewhere between 272 00:16:34,667 --> 00:16:36,708 55 to 57 miles per hour 273 00:16:36,833 --> 00:16:38,583 in a 35-mile-per-hour zone, 274 00:16:38,708 --> 00:16:40,500 so that's definitely going to be a problem. 275 00:16:43,333 --> 00:16:45,250 I'm not going to take it at face value. 276 00:16:45,333 --> 00:16:46,792 If there's a way to attack this data, 277 00:16:46,875 --> 00:16:48,375 then we're gonna find out how to do it. 278 00:16:49,292 --> 00:16:51,125 We have the burden to prove 279 00:16:51,208 --> 00:16:53,625 that she was not driving recklessly. 280 00:16:53,708 --> 00:16:58,250 So I'm going to bring in our investigator Clay Bellenger. 281 00:17:09,542 --> 00:17:12,542 CLAY: I am headed up to the scene of the accident. 282 00:17:14,333 --> 00:17:16,000 And we want to go out and have a look at the scene, 283 00:17:16,083 --> 00:17:18,292 look at the... what evidence might still be there. 284 00:17:18,375 --> 00:17:21,125 Um, see how the traffic flows through there. 285 00:17:23,833 --> 00:17:26,708 Speed limit is 35 through this curve. 286 00:17:26,833 --> 00:17:29,917 Um, actually right before the curve it changes. 287 00:17:30,042 --> 00:17:33,083 It goes from 55, 45 to 35, 288 00:17:33,167 --> 00:17:36,292 which is pretty slow, uh, on a highway coming into town. 289 00:17:44,542 --> 00:17:46,208 I'm sure there's been a lot of accidents 290 00:17:46,292 --> 00:17:48,833 that have happened here uh, besides this one, 291 00:17:48,917 --> 00:17:52,292 because it's a curve coming off of a highway speed of 55 292 00:17:52,375 --> 00:17:54,167 down to 35 pretty quick. 293 00:17:57,333 --> 00:17:59,167 Right in here is where, 294 00:17:59,292 --> 00:18:00,875 where the car first left the roadway, 295 00:18:00,958 --> 00:18:03,167 the tires came right through here 296 00:18:03,958 --> 00:18:05,792 and straight for this culvert. 297 00:18:08,042 --> 00:18:11,250 And kind of the front right of the car 298 00:18:11,333 --> 00:18:13,458 would have hit this sharp edge. 299 00:18:15,167 --> 00:18:18,833 And then the car did a complete rollover, 300 00:18:18,917 --> 00:18:22,042 landed back on its wheels on the other side of the roadway there. 301 00:18:24,750 --> 00:18:27,292 Rhonda would have been coming up to this curve, 302 00:18:27,375 --> 00:18:30,083 like these cars are right here. 303 00:18:30,167 --> 00:18:33,083 Kind of getting a feel for the speed that these cars are going. 304 00:18:37,708 --> 00:18:42,833 She was supposedly going 57 miles an hour before she hit the culvert. 305 00:18:42,917 --> 00:18:47,083 I don't think I've seen anybody anywhere close to 57 yet. 306 00:18:50,167 --> 00:18:53,708 A lot of cars are going, I would say, average around 40 miles an hour. 307 00:18:53,792 --> 00:18:57,542 So 57, it's definitely too fast for this curve, if that's what she was doing, 308 00:18:57,625 --> 00:19:00,750 and it does worry me about, about that. 309 00:19:22,208 --> 00:19:23,583 JO: You know what I was thinking the other day, 310 00:19:23,708 --> 00:19:27,792 we've been friends since, um, what third grade? 311 00:19:27,875 --> 00:19:31,708 -So we've been buddies for a long time. -Yeah, 60 years. 312 00:19:31,833 --> 00:19:33,667 Jo is my best friend. 313 00:19:33,750 --> 00:19:36,417 We've been there for each other forever. 314 00:19:36,500 --> 00:19:38,417 We're determined to keep it that way 315 00:19:39,375 --> 00:19:42,417 in spite of... what has happened. 316 00:19:50,708 --> 00:19:52,833 After the crash, I had a broken elbow, 317 00:19:54,042 --> 00:19:55,833 and my pelvis was broken. 318 00:19:57,042 --> 00:19:59,792 I could not walk. 319 00:19:59,875 --> 00:20:01,833 So I had to have surgery. 320 00:20:01,917 --> 00:20:03,167 It was an accident. 321 00:20:03,250 --> 00:20:05,583 I mean, it was just a plain accident. 322 00:20:08,792 --> 00:20:11,250 I never thought it was anything any more than that. 323 00:20:13,167 --> 00:20:15,583 The class reunion is this... coming up in June. 324 00:20:16,667 --> 00:20:18,167 Can't plan anything. 325 00:20:18,250 --> 00:20:19,833 -Well, one day at a time. -Hmm. 326 00:20:21,458 --> 00:20:24,125 Watching her go through the, 327 00:20:24,208 --> 00:20:25,833 the tragedy of losing her mother, 328 00:20:25,917 --> 00:20:27,625 and then, on top of all of that, 329 00:20:27,708 --> 00:20:30,000 uh, she's got a very sick husband, 330 00:20:30,042 --> 00:20:31,333 she's carried a load. 331 00:20:32,167 --> 00:20:35,458 I can't imagine her, uh... 332 00:20:36,750 --> 00:20:38,583 well, having to deal with all of this. 333 00:21:03,500 --> 00:21:07,667 Jo is the only independent eye witness to this accident. 334 00:21:07,708 --> 00:21:10,375 So Jo's testimony is the closest thing 335 00:21:10,458 --> 00:21:12,667 to the truth that we're gonna get. 336 00:21:12,708 --> 00:21:14,042 -Hi, Jo. -Hi. 337 00:21:14,167 --> 00:21:15,792 -Thanks for coming in. -Okay, thank you. 338 00:21:15,875 --> 00:21:18,750 We definitely want to ask Jo whether she felt safe 339 00:21:18,833 --> 00:21:21,833 when Rhonda was driving, and ask her about the timeline 340 00:21:21,833 --> 00:21:23,792 of the events of that day that led up to this accident. 341 00:21:25,208 --> 00:21:28,292 Rhonda came and picked me up at my house. 342 00:21:28,375 --> 00:21:30,792 -She made a right turn. -MELANIE: All right. 343 00:21:30,875 --> 00:21:33,958 And as she pulled out, her brother Bill 344 00:21:34,042 --> 00:21:35,625 must have driven past us 345 00:21:35,708 --> 00:21:37,958 on his way to the restaurant. 346 00:21:38,042 --> 00:21:40,583 So Rhonda believed that she was supposed to go pick her brother up? 347 00:21:40,667 --> 00:21:44,875 Yes, and she received a, a phone call from Bill. 348 00:21:57,667 --> 00:21:58,833 She didn't have her phone in her hand 349 00:21:58,917 --> 00:22:00,500 -while she was driving? -No, sir. No. 350 00:22:00,583 --> 00:22:02,292 Was Rhonda texting while she was driving? 351 00:22:02,375 --> 00:22:03,750 No, sir, she was not. 352 00:22:03,875 --> 00:22:05,292 She was talking with him 353 00:22:05,375 --> 00:22:07,333 through the car phone. 354 00:22:07,375 --> 00:22:08,583 JASON: How did that conversation go? 355 00:22:08,667 --> 00:22:11,333 They both were confused on what was going on. 356 00:22:11,417 --> 00:22:12,875 "Why are you heading that direction, 357 00:22:12,958 --> 00:22:14,542 "I'm coming to pick you up?" 358 00:22:14,542 --> 00:22:16,958 "Well, I'm heading to the Mexican restaurant." 359 00:22:17,042 --> 00:22:19,875 Was she upset, after this phone call with her brother? 360 00:22:19,958 --> 00:22:22,833 No, it wasn't a fight. It wasn't an argument. 361 00:22:22,875 --> 00:22:26,417 It was just, you know, a little bit of a, 362 00:22:26,500 --> 00:22:28,458 I guess you'd say a misunderstanding. 363 00:22:30,333 --> 00:22:32,792 JASON: Right up before the accident 364 00:22:32,875 --> 00:22:35,625 was there any erratic or scary driving 365 00:22:35,708 --> 00:22:37,750 that you remember noticing? 366 00:22:37,875 --> 00:22:38,708 No. 367 00:22:39,917 --> 00:22:41,667 No, there was not. 368 00:22:41,750 --> 00:22:44,875 JASON: They are going to accuse her of being actively 369 00:22:45,000 --> 00:22:49,917 under the influence of her sleep aid, her Ambien. 370 00:22:50,000 --> 00:22:53,167 Did you have any concerns about her ability 371 00:22:53,250 --> 00:22:54,333 -to drive at that time? -No. 372 00:22:55,250 --> 00:22:57,292 -Nothing alarmed you? -No. 373 00:22:57,375 --> 00:23:00,250 MELANIE: The reports indicate that you were not wearing your seat belt. 374 00:23:00,333 --> 00:23:01,958 That is correct. 375 00:23:02,042 --> 00:23:03,333 JASON: Now, you said Betty had her seat belt on. 376 00:23:03,417 --> 00:23:05,167 Yes, she did. 377 00:23:05,250 --> 00:23:07,375 -Now, Rhonda was wearing her seat belt, too. -Yes, sir, she was. 378 00:23:07,458 --> 00:23:09,958 MELANIE: Is it fair to say if you had been concerned, 379 00:23:10,042 --> 00:23:12,542 do you think you would have put the seat belt on? 380 00:23:12,625 --> 00:23:16,042 Oh, I, I'm pretty sure I would have put it on 381 00:23:16,125 --> 00:23:19,667 if I would have felt like anything was wrong with her. 382 00:23:19,750 --> 00:23:20,625 Okay. 383 00:23:21,625 --> 00:23:24,125 It's just been so unfortunate 384 00:23:24,208 --> 00:23:27,625 that Rhonda's being treated the way she's being treated. 385 00:23:27,708 --> 00:23:29,375 -MELANIE: Sure. -It's a tragedy. 386 00:23:30,667 --> 00:23:35,375 And, uh, you know, I, it just, it hurts. 387 00:23:36,542 --> 00:23:39,625 Every day I, I hurt for her. 388 00:23:39,708 --> 00:23:41,792 (VOICE BREAKING) All I can do is just pray to God every day 389 00:23:41,875 --> 00:23:46,375 that those 12 people will be understanding 390 00:23:47,167 --> 00:23:48,375 and will realize... 391 00:23:49,625 --> 00:23:51,792 she didn't kill her mother that day. 392 00:23:53,083 --> 00:23:54,917 It was a freak accident. 393 00:23:57,417 --> 00:24:01,417 JASON: Jo's testimony definitely helps us counter the state's accusation 394 00:24:01,500 --> 00:24:04,000 that Rhonda was driving recklessly. 395 00:24:04,083 --> 00:24:06,625 It's honest emotions that are coming out of her 396 00:24:06,708 --> 00:24:09,083 when she, really, relives these events. 397 00:24:09,208 --> 00:24:10,667 I think a jury's gonna see that, 398 00:24:10,792 --> 00:24:12,667 and more importantly, a jury's going to feel that. 399 00:24:14,083 --> 00:24:16,542 What Jo's testimony tells us 400 00:24:16,667 --> 00:24:20,667 is that this was just, quite simply a tragic accident. 401 00:24:31,625 --> 00:24:32,958 -Hey, Melanie. -Hey. 402 00:24:40,708 --> 00:24:43,167 JASON: William or Bill, Rhonda's brother 403 00:24:43,250 --> 00:24:46,875 has been subpoenaed to testify against his sister, 404 00:24:46,958 --> 00:24:49,333 by all accounts against his will. 405 00:24:49,375 --> 00:24:53,583 Rhonda and Bill have a loving brother-sister relationship. 406 00:24:53,708 --> 00:24:57,542 After this accident that unfortunately took his mother's life, 407 00:24:57,625 --> 00:25:00,042 he's alleged to have said some things, 408 00:25:00,125 --> 00:25:03,000 um, that the state's now trying to use against Rhonda. 409 00:25:11,042 --> 00:25:14,125 William stated the vehicle forced him off the road. 410 00:25:14,125 --> 00:25:16,375 William stated he then realized that the vehicle 411 00:25:16,500 --> 00:25:18,375 that had been in his lane of traffic 412 00:25:18,458 --> 00:25:21,042 was being driven by his sister, Rhonda Flowers. 413 00:25:21,042 --> 00:25:23,542 Um, he said he called her and asked her if she was drunk. 414 00:25:25,792 --> 00:25:27,667 -We know she wasn't drunk. -Right. 415 00:25:27,708 --> 00:25:31,125 The blood test came back 0.00 alcohol. 416 00:25:31,250 --> 00:25:33,500 -MELANIE: Right. -That's as sober as you can be. 417 00:25:33,583 --> 00:25:37,625 So I think that they're gonna try to use her own brother's statement, 418 00:25:38,375 --> 00:25:40,792 to the police, against her. 419 00:25:40,875 --> 00:25:42,250 That's a, that's a bad picture. 420 00:25:44,167 --> 00:25:48,417 Is it not reasonable to expect that Bill, 421 00:25:48,500 --> 00:25:50,500 who just learned that he lost his mom, 422 00:25:50,542 --> 00:25:52,917 might have made an exaggerated statement? 423 00:25:53,833 --> 00:25:55,875 Bill is on his sister's side. 424 00:25:55,958 --> 00:25:58,042 Make no mistake about that. 425 00:25:58,125 --> 00:26:01,500 He appears at court with her just about every time she comes, 426 00:26:01,583 --> 00:26:03,917 um, and is very supportive of Rhonda. 427 00:26:04,000 --> 00:26:06,833 However, the state has subpoenaed him 428 00:26:06,875 --> 00:26:09,167 to come testify as their witness, 429 00:26:09,250 --> 00:26:10,292 whether he wants to be or not. 430 00:26:11,750 --> 00:26:13,375 In my experience, jurors don't tend 431 00:26:13,458 --> 00:26:15,375 to look favorably, um, on the defendant 432 00:26:15,500 --> 00:26:18,917 if that defendant has family members testifying against them. 433 00:26:19,000 --> 00:26:22,500 Jurors tend to put a little bit more weight into that testimony, 434 00:26:22,542 --> 00:26:24,542 and that certainly worries us a little bit. 435 00:26:41,375 --> 00:26:42,708 JASON: Rhonda left us a message 436 00:26:42,792 --> 00:26:44,667 through her answering service this morning 437 00:26:44,750 --> 00:26:46,958 saying that her husband just passed away. 438 00:26:47,042 --> 00:26:49,083 It sounds like he just passed away today. 439 00:26:49,875 --> 00:26:53,042 Think give her a call? Okay. 440 00:26:53,125 --> 00:26:55,833 That's a lot of stress for somebody to be going through, 441 00:26:55,917 --> 00:26:58,500 facing the trial for manslaughter of her own mother, 442 00:26:58,583 --> 00:27:01,167 and at the same time, right before trial, her husband dies. 443 00:27:01,208 --> 00:27:03,958 It's, um, you know, we just hope she's okay. 444 00:27:07,667 --> 00:27:09,708 (LINE TRILLING) 445 00:27:10,583 --> 00:27:11,917 (RHONDA SPEAKING) 446 00:27:12,000 --> 00:27:13,042 Hi, Rhonda. 447 00:27:13,167 --> 00:27:15,500 - (RHONDA SPEAKING) -Hi. It's Jason. 448 00:27:15,542 --> 00:27:17,083 -I heard the news. - (RHONDA SPEAKING) 449 00:27:17,208 --> 00:27:18,875 I'm terribly, terribly sorry. I can't imagine everything 450 00:27:19,000 --> 00:27:20,833 -you're going through right now. -Well. 451 00:27:21,375 --> 00:27:22,958 (RHONDA SPEAKING) 452 00:27:25,292 --> 00:27:26,250 Oh, God. 453 00:27:27,375 --> 00:27:28,208 (RHONDA SPEAKING) 454 00:27:38,708 --> 00:27:40,042 No, that's... 455 00:27:40,125 --> 00:27:41,917 (RHONDA SPEAKING) 456 00:27:42,042 --> 00:27:44,042 JASON: You've got a lot on your emotional plate. 457 00:27:44,125 --> 00:27:45,708 (RHONDA SPEAKING) 458 00:27:45,792 --> 00:27:47,250 Because I don't know everything you're gonna have 459 00:27:47,333 --> 00:27:48,583 to deal with right now 460 00:27:48,667 --> 00:27:50,167 with your family, his family, 461 00:27:50,208 --> 00:27:52,292 funeral arrangements, things like that, 462 00:27:52,375 --> 00:27:55,833 and, and getting ready for this trial in, what, six days. 463 00:27:55,917 --> 00:27:57,917 Um, the D.A. did say that 464 00:27:58,000 --> 00:27:59,625 he would have no objection at all 465 00:27:59,708 --> 00:28:01,917 if you wanted to ask for a continuance. 466 00:28:03,208 --> 00:28:04,042 (RHONDA SIGHS) 467 00:28:05,583 --> 00:28:07,625 (RHONDA SPEAKING) 468 00:28:09,333 --> 00:28:10,333 Okay. 469 00:28:11,208 --> 00:28:12,458 We will, we will ask, 470 00:28:12,542 --> 00:28:14,083 um, and if the judge says no, 471 00:28:14,167 --> 00:28:16,042 then we'll be ready to go in six days. 472 00:28:16,750 --> 00:28:17,792 (RHONDA SPEAKING) 473 00:28:18,708 --> 00:28:19,792 All right, Rhonda, best wishes. 474 00:28:19,875 --> 00:28:21,333 (RHONDA SPEAKING) 475 00:28:43,542 --> 00:28:48,042 The Lord decided it was time for him to go. 476 00:28:49,917 --> 00:28:53,958 Rhonda and Bobby had been married for 37 years. 477 00:28:55,125 --> 00:28:57,167 Not many people can live alone. 478 00:28:57,833 --> 00:28:59,958 I lost my spouse, 479 00:29:00,042 --> 00:29:03,250 and it helps to have another human being 480 00:29:03,375 --> 00:29:05,042 around to offer support. 481 00:29:06,167 --> 00:29:09,792 She's been having a rough few days. 482 00:29:09,875 --> 00:29:14,125 She goes to her bed, and just sleeps 483 00:29:14,208 --> 00:29:17,000 because she can't turn her mind off. 484 00:29:18,542 --> 00:29:21,208 I just can't imagine it. 485 00:29:21,292 --> 00:29:25,250 I care about her very much, and I, and I do worry about her. 486 00:29:52,750 --> 00:29:55,667 Uh, we have a new wrinkle 487 00:29:55,708 --> 00:29:58,500 in the case that has now become an issue 488 00:29:58,542 --> 00:30:01,125 that we're gonna have to deal with. 489 00:30:01,208 --> 00:30:05,000 A little over a month before this accident happened, 490 00:30:05,083 --> 00:30:09,125 Rhonda was arrested for a misdemeanor DUI. 491 00:30:09,208 --> 00:30:11,167 There was no accident. Nobody was injured or hurt. 492 00:30:13,875 --> 00:30:16,000 It's still a pending case. 493 00:30:16,083 --> 00:30:17,208 She has not pled guilty to it. 494 00:30:17,292 --> 00:30:19,500 She's not been found guilty of it. 495 00:30:19,583 --> 00:30:22,500 However, the state filed a motion 496 00:30:22,542 --> 00:30:24,542 stating that they intend 497 00:30:24,625 --> 00:30:27,167 to introduce evidence 498 00:30:27,208 --> 00:30:31,042 of this misdemeanor DUI alcohol arrest 499 00:30:31,875 --> 00:30:33,167 in her manslaughter trial. 500 00:30:35,875 --> 00:30:38,000 We fully believe that the state 501 00:30:38,083 --> 00:30:40,250 is trying to introduce this evidence 502 00:30:40,333 --> 00:30:43,500 just to paint an overall bad picture 503 00:30:43,625 --> 00:30:45,333 about the character of Rhonda. 504 00:30:46,875 --> 00:30:48,792 I've spoken with Rhonda about this, 505 00:30:48,875 --> 00:30:51,917 and she was going through a time in her life 506 00:30:52,000 --> 00:30:54,958 that just was not a happy time. 507 00:30:55,042 --> 00:30:58,000 And I think she found herself self-medicating with alcohol. 508 00:31:00,292 --> 00:31:03,958 But that still doesn't have a damn thing to do 509 00:31:04,042 --> 00:31:06,417 with whether or not she's guilty of man-slaughter in her mom. 510 00:31:17,000 --> 00:31:19,042 And now a jury might be deciding 511 00:31:19,125 --> 00:31:21,292 the fate of the rest of Rhonda's life 512 00:31:21,375 --> 00:31:24,125 based on things that have nothing to do with what she's charged with. 513 00:31:24,208 --> 00:31:25,833 And that's just sad and scary. 514 00:31:34,917 --> 00:31:36,000 RHONDA: Come over here with me. 515 00:31:37,625 --> 00:31:38,542 Nothing to bark at. 516 00:31:39,875 --> 00:31:42,000 Over the last few months, 517 00:31:42,000 --> 00:31:44,250 I've had a lot of things on my mind 518 00:31:44,333 --> 00:31:48,792 and we would have been in court in May, 519 00:31:48,875 --> 00:31:50,417 but the judge 520 00:31:50,500 --> 00:31:53,500 and the assistant district attorney 521 00:31:53,583 --> 00:31:57,458 agreed to let us have extra time 522 00:31:57,542 --> 00:32:00,375 due to my husband's death. 523 00:32:10,042 --> 00:32:12,042 HARRY: There is nothing to be gained 524 00:32:12,125 --> 00:32:15,917 by taking her out of society. 525 00:32:16,000 --> 00:32:17,917 She loved her mother very deeply, 526 00:32:18,000 --> 00:32:20,292 and, um, she has been punished 527 00:32:21,208 --> 00:32:23,958 enough by herself and well, 528 00:32:24,042 --> 00:32:25,167 for the rest of her life. 529 00:32:26,625 --> 00:32:29,375 RHONDA: Mother will never be out of my life. 530 00:32:29,458 --> 00:32:33,042 I still see her, you know, she was right there next to me. 531 00:32:33,875 --> 00:32:36,083 Yeah. 532 00:32:36,167 --> 00:32:41,167 Anything that they do is, is just really location, 533 00:32:41,208 --> 00:32:43,583 put me someplace other than where I am and I'll... 534 00:32:43,667 --> 00:32:47,167 Everything else is on the inside still gonna be there. 535 00:32:57,958 --> 00:33:02,292 REPORTER: Nearly half of the Nowata Police Department resigned today. 536 00:33:02,375 --> 00:33:06,333 So possibly ground-breaking. This just hit the news. 537 00:33:08,625 --> 00:33:11,292 REPORTER: Four of Nowata's seven-officer police force 538 00:33:11,375 --> 00:33:14,750 turned in their badges, along with a reserve officer. 539 00:33:14,875 --> 00:33:16,500 Officers say they've had serious 540 00:33:16,583 --> 00:33:18,417 ethical concerns with leadership, 541 00:33:18,542 --> 00:33:20,667 including issues of officer safety 542 00:33:20,750 --> 00:33:23,833 and a potential constitutional violation. 543 00:33:23,917 --> 00:33:25,333 JASON: I'm in a bit of a shock right now. 544 00:33:25,375 --> 00:33:29,333 At least four officers have just quit and resigned. 545 00:33:29,375 --> 00:33:34,417 And apparently these allegations go back as early as 2019, 546 00:33:34,500 --> 00:33:36,875 when the Rhonda Flowers' case was filed. 547 00:33:36,958 --> 00:33:40,167 The accusations are quite damning. 548 00:33:40,292 --> 00:33:42,417 When you start hearing police officers say, 549 00:33:42,500 --> 00:33:44,750 we've resigned, we've quit, we've walked away 550 00:33:44,833 --> 00:33:50,167 because of unethical conduct, constitutional violations, 551 00:33:50,292 --> 00:33:51,667 this has to be something serious. 552 00:33:53,208 --> 00:33:54,792 We can turn the tables on them 553 00:33:54,875 --> 00:33:58,042 and get the jury to focus on the Police Department. 554 00:33:58,167 --> 00:34:02,708 Since we know the prosecution will be calling officers as witnesses. 555 00:34:02,792 --> 00:34:05,375 Next step, alert Melanie to this, 556 00:34:05,458 --> 00:34:08,333 and I anticipate her and I are gonna be having a little pow wow 557 00:34:08,375 --> 00:34:10,250 in the office tomorrow to talk about where we go from here. 558 00:34:23,708 --> 00:34:25,292 -Hey. -Hey. 559 00:34:25,375 --> 00:34:27,167 You ready to talk about Nowata? 560 00:34:27,250 --> 00:34:28,250 I've been looking through the reports, 561 00:34:28,333 --> 00:34:31,333 um, to try to see how 562 00:34:31,417 --> 00:34:34,792 these police officer departures may or may not affect our case. 563 00:34:46,625 --> 00:34:49,375 I found Captain Frauenberger's resignation letter. 564 00:34:49,458 --> 00:34:51,333 "It's with a heavy heart that I must inform you 565 00:34:51,417 --> 00:34:54,250 of my immediate resignation from the Nowata Police Department. 566 00:34:54,333 --> 00:34:56,000 We had a meeting with the city manager 567 00:34:56,042 --> 00:34:58,208 regarding things that were not only illegal, 568 00:34:58,292 --> 00:35:01,292 but also questioned the integrity of our leadership." 569 00:35:01,375 --> 00:35:03,083 -Distrust? -Yes. 570 00:35:03,167 --> 00:35:05,333 -Illegal actions? -Mm-hmm. 571 00:35:05,417 --> 00:35:07,583 -Violation of confidence. -Mm-hmm. 572 00:35:08,375 --> 00:35:10,167 Wow. 573 00:35:10,250 --> 00:35:13,667 And now, don't we have five police officers we can call to the stand? 574 00:35:13,750 --> 00:35:14,958 Yeah. 575 00:35:14,958 --> 00:35:16,917 The implications that this could have 576 00:35:17,000 --> 00:35:18,708 for our case are substantial. 577 00:35:23,875 --> 00:35:28,500 We've got five officers saying very similar things about the same individual. 578 00:35:28,583 --> 00:35:31,500 Um, and that individual at Rhonda's trial 579 00:35:31,583 --> 00:35:34,167 is going to be the star witness for the state. 580 00:35:34,250 --> 00:35:37,625 He's going to be the witness that oversaw this entire investigation. 581 00:35:44,500 --> 00:35:48,208 The state has to prove guilt beyond all reasonable doubt. 582 00:35:48,208 --> 00:35:51,250 And so my job usually is to create doubt, 583 00:35:51,333 --> 00:35:53,333 um, in the minds of the jurors. 584 00:35:53,500 --> 00:35:57,458 These five officers writing these resignation letters, 585 00:35:57,542 --> 00:36:01,833 I can use that to create doubt into this whole investigation. 586 00:36:01,875 --> 00:36:04,375 MELANIE: I, I don't see how this does not change 587 00:36:05,375 --> 00:36:07,500 the trajectory of this case. 588 00:36:30,208 --> 00:36:32,167 -Hi, Rhonda. -Hello. Good to see you. 589 00:36:32,250 --> 00:36:33,667 -Come on back. -Mm-hmm. 590 00:36:35,208 --> 00:36:36,792 -Grab a seat. -Okay. 591 00:36:40,500 --> 00:36:42,583 -Well, we have some news. -Right. 592 00:36:42,667 --> 00:36:45,750 So the prosecution has come to us, 593 00:36:45,750 --> 00:36:46,625 they've made an offer. 594 00:36:48,042 --> 00:36:49,917 As you know, right now we're facing 595 00:36:50,000 --> 00:36:52,583 first degree manslaughter charges. 596 00:36:52,667 --> 00:36:55,417 And if we go to trial and we lose, 597 00:36:55,542 --> 00:36:59,042 you can get potentially up to the rest of your life 598 00:36:59,125 --> 00:37:01,458 behind bars as a convicted felon. 599 00:37:03,083 --> 00:37:05,500 They have offered to amend 600 00:37:05,625 --> 00:37:07,667 your charge from a manslaughter 601 00:37:07,708 --> 00:37:10,875 down to misdemeanor, negligent homicide. 602 00:37:10,958 --> 00:37:13,833 If you decided to take that, you'd be on one year probation. 603 00:37:15,708 --> 00:37:18,792 As part of that probation, you would either do 90 days 604 00:37:18,875 --> 00:37:21,125 in the Nowata County Jail, 605 00:37:21,208 --> 00:37:25,875 or 60 days at an inpatient rehab facility. 606 00:37:26,708 --> 00:37:27,583 Um... 607 00:37:30,250 --> 00:37:32,250 No felony convictions on your record 608 00:37:32,375 --> 00:37:34,167 and not one single minute behind bars. 609 00:37:34,250 --> 00:37:36,083 Yeah. 610 00:37:36,167 --> 00:37:39,333 You know you, we can say that, 611 00:37:39,458 --> 00:37:41,833 but you're in your own... 612 00:37:41,875 --> 00:37:44,792 I've spent four years in my own set of bars. 613 00:37:44,875 --> 00:37:45,750 I mean, really. 614 00:37:47,208 --> 00:37:49,958 And I'll never, you know, just never get over, 615 00:37:53,250 --> 00:37:54,958 you know, what happened. And, um... 616 00:37:58,208 --> 00:38:00,917 I mean, we've, we've got a decision to make. 617 00:38:01,000 --> 00:38:03,583 You can say, "No, I want to go to jury trial." 618 00:38:03,667 --> 00:38:05,167 Uh, and if that's what you say 619 00:38:05,208 --> 00:38:07,375 that you want to do, that's what we'll do. 620 00:38:07,458 --> 00:38:09,375 So here's another factor to consider 621 00:38:09,458 --> 00:38:11,458 when you're making your decision. 622 00:38:11,542 --> 00:38:16,417 We also do have, remember, the trailing misdemeanor DUI, 623 00:38:16,500 --> 00:38:18,667 -which has still never been resolved to this day. -Mm-hmm. 624 00:38:18,750 --> 00:38:21,500 The DUI is gonna be wrapped up along with this deal as well. 625 00:38:21,625 --> 00:38:23,750 It's not gonna add a single day to your probation, 626 00:38:23,833 --> 00:38:25,583 you're not going to go to jail for it. 627 00:38:25,667 --> 00:38:28,833 Both of those two will be on my record. 628 00:38:28,875 --> 00:38:30,792 As misdemeanors, yes. 629 00:38:48,042 --> 00:38:50,500 Do I need to make this decision by tomorrow 630 00:38:50,583 --> 00:38:52,333 or what are we, what's the plan? 631 00:38:52,417 --> 00:38:55,292 Um, you let me know tomorrow. You can think about it. 632 00:38:55,375 --> 00:38:56,625 You can process. 633 00:38:56,708 --> 00:38:58,542 And if you decide that you wanna take this, 634 00:38:58,625 --> 00:39:01,667 I can make that announcement for you in court tomorrow. Okay? 635 00:39:01,750 --> 00:39:03,417 -That's what I'll do. -All right. 636 00:39:07,958 --> 00:39:12,000 JASON: I can't say for sure why the state made this plea offer. 637 00:39:12,042 --> 00:39:13,417 I can speculate, 638 00:39:13,542 --> 00:39:15,708 but that's what it would be, it would be speculation. 639 00:39:15,792 --> 00:39:17,875 However, her case kept getting stronger 640 00:39:17,958 --> 00:39:20,292 and stronger and stronger, in my opinion, 641 00:39:20,375 --> 00:39:23,375 and I've got to think that that had some aid, 642 00:39:24,208 --> 00:39:26,167 in the prosecution coming at us 643 00:39:26,250 --> 00:39:27,458 with this final offer that they made. 644 00:39:29,458 --> 00:39:31,333 It's one of the best plea offers I've received 645 00:39:31,417 --> 00:39:32,917 in all my years of practicing law. 646 00:39:33,000 --> 00:39:34,625 To go from where we started 647 00:39:34,625 --> 00:39:36,583 to what's being offered now, is quite incredible. 648 00:39:37,583 --> 00:39:39,500 However, she may just feel 649 00:39:39,583 --> 00:39:41,125 that she needs to be completely vindicated, 650 00:39:41,208 --> 00:39:42,208 and that she needs to hear 651 00:39:42,333 --> 00:39:44,167 those two beautiful words, 652 00:39:44,208 --> 00:39:45,542 "not guilty" by a jury 653 00:39:45,625 --> 00:39:47,417 and walk out completely exonerated. 654 00:39:47,500 --> 00:39:49,625 Ultimately, she has to make that choice. 655 00:40:15,000 --> 00:40:17,875 RHONDA: Every time I come here, it's just a big reminder. 656 00:40:21,667 --> 00:40:26,500 It's either taking my chance and going to trial 657 00:40:26,583 --> 00:40:31,000 or this 60-day rehab and the probation. 658 00:40:55,083 --> 00:40:59,167 I've made the decision to, to take the 60-day rehab 659 00:40:59,250 --> 00:41:01,417 and the one year probation. 660 00:41:01,500 --> 00:41:04,333 This option would not be on the table 661 00:41:04,375 --> 00:41:09,000 with trial and with 12 people, you'd, I have no way to know. 662 00:41:09,042 --> 00:41:12,042 I'm so ready for the pressure to be off. 663 00:41:15,500 --> 00:41:16,958 BILL: Well... 664 00:41:17,042 --> 00:41:18,125 RHONDA: Over. 665 00:41:18,208 --> 00:41:19,417 BILL: Over. RHONDA: Over. 666 00:41:20,292 --> 00:41:21,292 Over. Over. Over. 667 00:41:21,375 --> 00:41:22,958 JO: Oh, I'm so happy! 668 00:41:23,042 --> 00:41:24,375 (EXCLAIMING) 669 00:41:24,500 --> 00:41:26,958 So happy. 670 00:41:27,042 --> 00:41:29,333 -It's been a fight. It's been a battle. -Yes. 671 00:41:29,417 --> 00:41:33,333 -I'm just glad that you finally get some closure. -Oh, yes. 672 00:41:33,417 --> 00:41:35,167 -It's been a long time coming. -JO: Yeah. 673 00:41:36,875 --> 00:41:42,083 To, to be accused of something that took the life of my mother, 674 00:41:42,167 --> 00:41:46,292 uh, you know, it's just hard to stand there and say guilty to that. 675 00:41:46,375 --> 00:41:48,083 But that's, it's the process. 676 00:41:52,667 --> 00:41:55,583 I feel like Mother is going to be, uh... 677 00:41:57,292 --> 00:41:58,458 able to rest now. 678 00:41:59,958 --> 00:42:06,125 I feel like she's probably been stuck in an in between 679 00:42:06,208 --> 00:42:08,833 because I feel like she's with me all the time. 680 00:42:08,917 --> 00:42:10,833 So both of us, 681 00:42:10,917 --> 00:42:13,875 I think we'll both be able to get some peace out of this.