1 00:00:09,125 --> 00:00:10,750 (MAN 1 SPEAKING ON POLICE RECORDING) 2 00:00:10,833 --> 00:00:12,250 (MAN 2 SPEAKING) 3 00:00:33,875 --> 00:00:35,708 (MAN 1 SPEAKING) 4 00:00:35,833 --> 00:00:37,125 (MAN 2 SPEAKING) 5 00:00:46,625 --> 00:00:50,000 GERRY: For 18 years, I was a victim. 6 00:00:50,083 --> 00:00:54,833 I was kidnapped, the guy was pointing a gun at me. 7 00:00:54,917 --> 00:00:58,542 The Government's theory in this case is that you shot and killed Danny. 8 00:00:58,625 --> 00:01:01,667 I'm not a criminal! I'm a victim of a crime. 9 00:01:07,708 --> 00:01:09,750 GERRY: They called me a cold-blooded killer. 10 00:01:09,875 --> 00:01:12,708 They're just using me because they haven't got anybody else. 11 00:01:16,667 --> 00:01:18,333 Oh, my God. 12 00:01:18,417 --> 00:01:21,458 If he gets convicted, it's basically a death sentence. 13 00:01:39,167 --> 00:01:42,042 My name is Nicholas Wooldridge. 14 00:01:42,042 --> 00:01:44,292 I'm a criminal defense attorney. 15 00:01:45,792 --> 00:01:49,833 I've been practicing law for the past 20 years, 16 00:01:49,917 --> 00:01:52,167 and I represent Gerry Gage. 17 00:01:53,417 --> 00:01:56,917 Gerry Gage is charged with murder 18 00:01:57,000 --> 00:01:58,458 with use of a deadly weapon. 19 00:02:00,250 --> 00:02:02,583 His sentence could be 20 to life. 20 00:02:02,667 --> 00:02:07,583 This crime occurs on August 31st of 2005. 21 00:02:07,667 --> 00:02:12,833 Gerry worked at DLC Construction and he was general manager. 22 00:02:12,917 --> 00:02:16,208 He shows up to work. He's the first one to arrive. 23 00:02:16,292 --> 00:02:20,708 He gets out of his truck, and gets up to the front of the building, and he's grabbed. 24 00:02:22,542 --> 00:02:26,250 There's a man with a ski mask with a gun. 25 00:02:26,333 --> 00:02:31,375 Gerry's tied up, bound, gagged, blindfolded, with duct tape, 26 00:02:31,500 --> 00:02:34,375 and put into the back of his truck. 27 00:02:34,458 --> 00:02:38,083 About an hour and a half later, Gerry's boss, Danny Cates, 28 00:02:38,208 --> 00:02:39,667 the owner of the construction company, 29 00:02:39,708 --> 00:02:40,875 when he gets to work, 30 00:02:41,000 --> 00:02:43,167 those same guys that kidnap Gerry, 31 00:02:43,208 --> 00:02:46,250 these same guys attempt to kidnap Danny. 32 00:02:46,333 --> 00:02:48,208 It appears that he got into a fight with them. 33 00:02:48,292 --> 00:02:53,292 The boss got away from them and went to hide in the back office. 34 00:02:53,375 --> 00:02:55,500 These people pursue him. 35 00:02:55,583 --> 00:02:59,042 They fire three shots through the door, 36 00:02:59,042 --> 00:03:02,542 and then fire three more shots at the boss and they kill him. 37 00:03:06,292 --> 00:03:08,875 Now those kidnapping killers leave. 38 00:03:08,875 --> 00:03:13,000 And Gerry's ultimately able to get out of how he's tied up, 39 00:03:13,042 --> 00:03:15,500 and he escapes out of the truck 40 00:03:15,583 --> 00:03:18,125 and comes back to the business, 41 00:03:18,208 --> 00:03:19,833 and there's his boss, Danny, dead. 42 00:03:23,542 --> 00:03:26,708 The cops come. They interview Gerry. 43 00:03:26,792 --> 00:03:30,833 They believe him. They list him as a victim, 44 00:03:30,958 --> 00:03:32,292 and they start investigating. 45 00:03:32,375 --> 00:03:36,000 But the case goes cold. 46 00:03:36,125 --> 00:03:40,167 Then about eight years pass and there's a new detective on the case. 47 00:03:41,875 --> 00:03:44,333 Now we're talking 2013, 48 00:03:44,375 --> 00:03:46,500 Gerry is 70 years old. 49 00:03:46,583 --> 00:03:50,542 And Gerry starts to become a little bit inconsistent in his interview. 50 00:03:50,625 --> 00:03:54,875 And so, the police suspect that Gerry must know something. 51 00:03:54,875 --> 00:03:57,167 But the case goes cold again. 52 00:03:57,250 --> 00:04:01,750 Then another detective takes over in 2018. 53 00:04:01,833 --> 00:04:05,333 Unfortunately Gerry tells him more inconsistent things, 54 00:04:05,458 --> 00:04:08,625 and so, at 76 years old, 55 00:04:08,708 --> 00:04:11,333 they decide they're going to arrest him and charge him with murder. 56 00:04:13,958 --> 00:04:17,458 The government's theory is that Gerry either shot and killed Danny, 57 00:04:17,542 --> 00:04:21,708 or that Gerry assisted the killers in some way. 58 00:04:21,792 --> 00:04:27,000 This case is important to me because it is my belief 59 00:04:27,083 --> 00:04:29,833 that a major injustice has occurred. 60 00:04:29,917 --> 00:04:32,667 They've charged an innocent, vulnerable victim 61 00:04:32,750 --> 00:04:35,750 with one of the most serious crimes we have in our criminal justice system. 62 00:04:49,208 --> 00:04:51,917 GERRY: It's 2005. I was 62-years-old. 63 00:04:54,000 --> 00:04:57,375 My wife and I were both looking forward to retirement. 64 00:04:58,250 --> 00:05:00,000 Life was basically good. 65 00:05:01,375 --> 00:05:02,750 Then it all changed. 66 00:05:06,708 --> 00:05:11,250 The incident itself was extremely traumatic for me. 67 00:05:12,833 --> 00:05:15,292 I was the victim. 68 00:05:15,375 --> 00:05:17,833 But, the more the police interviewed me, 69 00:05:17,917 --> 00:05:20,875 the more I realized I was becoming a suspect. 70 00:05:22,292 --> 00:05:25,375 They arrested me and took me to jail. 71 00:05:26,458 --> 00:05:28,792 I'll never forget that day, ever. 72 00:05:44,417 --> 00:05:47,292 I'm locked up, and these are my bars. 73 00:05:50,667 --> 00:05:52,708 Frankly, I feel like a caged animal. 74 00:05:54,542 --> 00:05:58,333 I'm just so angry about being treated like a criminal. 75 00:05:58,417 --> 00:06:00,458 I've always respected the police 76 00:06:01,042 --> 00:06:03,000 all my life. 77 00:06:03,042 --> 00:06:04,375 I feel betrayed. 78 00:06:05,583 --> 00:06:08,042 I'm about ready at the end of my rope. 79 00:06:18,042 --> 00:06:21,583 NICK: This is probably one of the most interesting cases I've had. 80 00:06:21,667 --> 00:06:25,500 I haven't had a client who's also a victim in the case. 81 00:06:25,542 --> 00:06:28,500 This is a totally new frontier for me. 82 00:06:30,167 --> 00:06:32,000 Gerry. 83 00:06:32,083 --> 00:06:34,875 -Nicholas. Okay. -How you doing? Pleasure. 84 00:06:34,958 --> 00:06:36,833 Thank you for coming down here today. 85 00:06:36,917 --> 00:06:38,833 I wanted to go over a few things with you. All right? 86 00:06:38,917 --> 00:06:41,625 -Mm-hmm. -First, I just want to start off with 87 00:06:41,708 --> 00:06:45,542 how long did you work at DLC? 88 00:06:45,625 --> 00:06:47,625 I started sometime in 89 00:06:48,500 --> 00:06:50,708 -2000. -Okay. 90 00:06:50,708 --> 00:06:54,917 And then when they closed the office around 2006 is when I left. 91 00:06:55,792 --> 00:06:58,000 How did you and Danny get along? 92 00:06:58,125 --> 00:07:02,417 We got along fine. We never had any problems. 93 00:07:02,500 --> 00:07:05,417 All right, I want to take you back 94 00:07:05,500 --> 00:07:08,292 to August 31st, 2005. 95 00:07:08,375 --> 00:07:10,583 What time do you get to the office? 96 00:07:10,708 --> 00:07:13,750 I usually get there around 4:30 in the morning. 97 00:07:13,833 --> 00:07:17,792 But this day I went a little bit earlier, about 3:30. 98 00:07:17,875 --> 00:07:22,125 Parked up front, and as I was approaching the front door, I was... 99 00:07:22,208 --> 00:07:23,667 grabbed. 100 00:07:25,875 --> 00:07:29,792 And they duct taped my mouth, and my eyes, 101 00:07:29,875 --> 00:07:32,667 and they tied my hands behind my back. 102 00:07:32,792 --> 00:07:34,542 I think they were zip ties. 103 00:07:34,625 --> 00:07:37,667 These guys that grabbed you, 104 00:07:37,750 --> 00:07:39,417 were you able to see what they look like? 105 00:07:39,542 --> 00:07:42,000 No. I saw one. 106 00:07:42,083 --> 00:07:44,958 Uh... He was standing over the hood of his truck, 107 00:07:45,042 --> 00:07:47,958 and with a gun on me. He had a ski mask on. 108 00:07:49,375 --> 00:07:51,167 I was scared as hell. 109 00:07:51,250 --> 00:07:53,500 I never had a gun pointed at me. 110 00:07:53,583 --> 00:07:59,500 They put me in the back seat of my truck, face down with my hands behind my back. 111 00:07:59,542 --> 00:08:03,292 And then I was there for two hours. 112 00:08:03,375 --> 00:08:06,542 -Do you hear any gunshots? -Not a thing. 113 00:08:07,750 --> 00:08:10,875 How were you able to get out of the zip tie? 114 00:08:10,958 --> 00:08:14,000 Just the way they were tied. I was able to slip out. 115 00:08:14,083 --> 00:08:17,333 I saw a co-worker go to the office. 116 00:08:17,375 --> 00:08:19,625 So I walked back, 117 00:08:19,708 --> 00:08:22,583 and he told me that Danny had been shot. 118 00:08:28,208 --> 00:08:32,583 Is there any reason why somebody would wanna kill Danny? 119 00:08:34,375 --> 00:08:37,292 Danny was kind of unique. 120 00:08:37,375 --> 00:08:41,708 He was not the most polite person to our subcontractors. 121 00:08:41,792 --> 00:08:44,083 I mean, he carried a gun in his briefcase. 122 00:08:44,875 --> 00:08:47,208 Okay. 123 00:08:47,292 --> 00:08:52,292 When do you believe police started treating you as a suspect in the case? 124 00:08:52,375 --> 00:08:55,417 When I started seeing the second set of detectives. 125 00:08:55,500 --> 00:08:58,417 Sometime after 2011. 126 00:08:58,542 --> 00:09:01,792 They kept interviewing me. 127 00:09:01,875 --> 00:09:06,750 During all these police questionings, did you ever hire a lawyer? 128 00:09:06,875 --> 00:09:10,833 No I did not. I didn't think I needed one. 129 00:09:10,917 --> 00:09:12,833 All I wanted to do was help. 130 00:09:12,917 --> 00:09:15,500 Okay. 131 00:09:15,625 --> 00:09:20,458 It appears you've done a lot of interviews with police, and you've been inconsistent. 132 00:09:20,542 --> 00:09:22,875 Tell me about that. 133 00:09:22,958 --> 00:09:26,708 I don't know, but there's a lot of things I forget. 134 00:09:26,792 --> 00:09:28,875 Did the police ever have you take a polygraph? 135 00:09:30,333 --> 00:09:31,542 There were two. 136 00:09:32,375 --> 00:09:35,500 2006 and then 2019. 137 00:09:35,583 --> 00:09:37,167 Did you pass 'em? 138 00:09:39,250 --> 00:09:40,792 I was told I didn't. 139 00:09:44,292 --> 00:09:47,667 And then they arrest me in 2019. 140 00:09:49,208 --> 00:09:51,167 So that really concerns me. 141 00:09:52,125 --> 00:09:53,750 I know. I... I... 142 00:09:53,833 --> 00:09:59,292 I don't know what to say. The whole thing boggles my mind. 143 00:09:59,375 --> 00:10:04,667 The problem with this case, is that I can see your memory has faded. 144 00:10:04,708 --> 00:10:07,417 Not only that, but just the massiveness of this case. 145 00:10:07,500 --> 00:10:09,875 Eighteen years of investigation. 146 00:10:10,000 --> 00:10:13,167 So we cannot leave any stone unturned. 147 00:10:13,292 --> 00:10:14,708 Your life depends on it. 148 00:10:15,875 --> 00:10:17,208 Hm. 149 00:10:19,542 --> 00:10:21,583 -Thanks for coming by. -Okay. 150 00:10:22,708 --> 00:10:25,167 This case is going to be tough. 151 00:10:25,250 --> 00:10:28,875 The prosecution believes that Gerry lied in his interviews, 152 00:10:29,000 --> 00:10:31,500 and that he failed two polygraphs. 153 00:10:31,583 --> 00:10:33,792 That's a sign of deception, 154 00:10:33,875 --> 00:10:38,167 and therefore, he must have been the murderer or that he conspired to murder Danny. 155 00:10:38,208 --> 00:10:41,083 If the jury believes this, I mean, then we're toast. 156 00:10:41,208 --> 00:10:43,000 Then Gerry, Gerry's gonna die in prison. 157 00:10:53,542 --> 00:10:57,667 Gerry, my client, is being charged with murder, with use of a deadly weapon. 158 00:10:57,750 --> 00:11:01,625 One of the most serious charges that a citizen can be charged with 159 00:11:01,708 --> 00:11:03,167 within the United States of America. 160 00:11:05,250 --> 00:11:08,750 What's really central to the state's case, the government's case 161 00:11:08,833 --> 00:11:11,625 is these inconsistencies from Gerry. 162 00:11:11,708 --> 00:11:14,625 Over these hours and hours of interrogation. 163 00:11:14,708 --> 00:11:16,500 And I really wanna go take a look at those. 164 00:11:16,542 --> 00:11:18,625 -You ready to get started? -Yeah. 165 00:11:22,000 --> 00:11:24,458 All right, Luke, what I want you to do is 166 00:11:24,542 --> 00:11:27,250 I want to go to the first interview. 167 00:11:27,333 --> 00:11:30,958 -Police got there right around six in the morning. -LUKE: Mm-hmm. 168 00:11:31,042 --> 00:11:35,000 Gerry does this interview at 8:40 a.m. 169 00:11:35,042 --> 00:11:38,208 I want to hear his account of how he's kidnapped. 170 00:11:56,458 --> 00:11:58,083 NICK: Pause it right there for me. 171 00:11:58,792 --> 00:12:01,875 So he says he's been 172 00:12:01,958 --> 00:12:06,042 zip tied and duct taped. And he seems pretty clear on that, 173 00:12:06,042 --> 00:12:10,125 but the police claim during subsequent interviews, 174 00:12:10,208 --> 00:12:13,375 he states that duct tape was not used. 175 00:12:13,458 --> 00:12:15,875 I want you to show me where in these interviews 176 00:12:15,875 --> 00:12:17,208 he's talking about the duct tape? 177 00:12:26,750 --> 00:12:28,375 2013. Yeah, let's go to that. 178 00:12:58,750 --> 00:13:00,000 NICK: All right, stop it there. 179 00:13:01,292 --> 00:13:03,625 This is a problem. 180 00:13:03,708 --> 00:13:07,542 He's clear that he's duct taped nearly eight years prior. 181 00:13:07,625 --> 00:13:10,833 Now his story is changing. 182 00:13:10,875 --> 00:13:14,000 All right. The next thing the detective claims, 183 00:13:14,125 --> 00:13:19,208 Gerry states he was originally tied with electric ties, 184 00:13:19,292 --> 00:13:23,625 but in subsequent interviews, the story changes. 185 00:13:23,750 --> 00:13:28,167 I want to hear what Gerry had to say about the electrical ties. 186 00:13:29,042 --> 00:13:31,167 LUKE: February 22nd, 2019. 187 00:13:50,833 --> 00:13:53,042 NICK: So. This one. LUKE: Okay. 188 00:14:01,750 --> 00:14:03,333 LUKE: That's the small one. NICK: All right. 189 00:14:28,708 --> 00:14:33,292 NICK: I mean, he was very clear in the first interview that he's zip tied. 190 00:14:33,375 --> 00:14:35,375 Now he's uncertain. 191 00:14:35,458 --> 00:14:36,500 We've got a big problem. 192 00:14:39,792 --> 00:14:42,667 Looking at these interviews in isolation, 193 00:14:42,708 --> 00:14:44,083 it looks a little tough. 194 00:14:44,167 --> 00:14:47,125 I mean, we've got a lot of inconsistent statements. 195 00:14:47,208 --> 00:14:49,833 And I know some jurors are going to have a problem with that. 196 00:15:01,875 --> 00:15:04,500 GERRY: These are our last three trips. 197 00:15:04,542 --> 00:15:06,250 2016. 198 00:15:07,208 --> 00:15:09,083 This one. Remember that one? 199 00:15:09,167 --> 00:15:11,542 -ANNA: Texas. -Yeah. 200 00:15:11,667 --> 00:15:14,417 -GERRY: That's a good picture of us. -Very good picture. 201 00:15:24,792 --> 00:15:28,042 This is the last trip we took. 2018. 202 00:15:28,167 --> 00:15:30,417 -ANNA: Canada. -Yeah. 203 00:15:30,500 --> 00:15:33,000 GERRY: We were doing a lot of traveling. 204 00:15:33,125 --> 00:15:36,750 We were on the go constantly. The fact, that was our pattern of life, 205 00:15:36,833 --> 00:15:38,417 -was just go. -Yeah. 206 00:15:38,500 --> 00:15:40,250 Had a lot of good memories from that. 207 00:15:41,000 --> 00:15:43,000 Lotta good memories. 208 00:15:52,542 --> 00:15:56,667 ANNA: The last four years have just been difficult because we can't be us. 209 00:15:56,708 --> 00:16:00,333 We can't go out together and have good times together. 210 00:16:00,417 --> 00:16:04,458 And that's the 100% opposite of what our life was like before. 211 00:16:06,250 --> 00:16:09,167 GERRY: The thing I really miss, is my freedom. 212 00:16:09,208 --> 00:16:14,333 And around me here are pictures of places that we have been. 213 00:16:14,458 --> 00:16:17,458 We look at them every day. I don't get tired of looking at them. 214 00:16:18,708 --> 00:16:20,208 I just hope we can do it again. 215 00:16:31,375 --> 00:16:33,583 NICK: One of the things about this case is that 216 00:16:33,667 --> 00:16:38,167 Danny Cates, the victim, his family was very close. 217 00:16:38,208 --> 00:16:42,208 And Danny's son, he actually worked for Danny at DLC. 218 00:16:49,125 --> 00:16:51,333 Okay, Luke, 219 00:16:51,417 --> 00:16:55,167 I want you to go through everywhere where Gerry is mentioned 220 00:16:55,167 --> 00:16:57,125 within that interview with Danny's son. 221 00:17:00,125 --> 00:17:01,625 Maybe this is something. Here we go. 222 00:17:01,708 --> 00:17:05,083 Danny's son is talking about a conversation he had with Gerry 223 00:17:05,167 --> 00:17:07,875 about the murder. 224 00:17:07,958 --> 00:17:12,083 Gerry has a conversation where he tells him, "I thought they were just gonna rough him up." 225 00:17:14,375 --> 00:17:17,167 What does that even mean though? 226 00:17:17,292 --> 00:17:20,500 NICK: Well, I can tell you what the prosecutor's gonna say. 227 00:17:20,542 --> 00:17:23,083 That there was a plan just to rough up Danny, 228 00:17:23,167 --> 00:17:25,667 but things got out of hand, and they had to kill him. 229 00:17:27,875 --> 00:17:31,083 What I want you to do next is, I want you to search Gerry's interviews. 230 00:17:31,208 --> 00:17:32,792 Word search "rough." 231 00:17:32,875 --> 00:17:35,125 And then we're going to see anywhere where that's mentioned. 232 00:17:38,750 --> 00:17:40,250 LUKE: I found something. 233 00:17:42,042 --> 00:17:44,667 Boom. 2013 interview. 234 00:17:44,750 --> 00:17:46,167 All right, let me hear this. 235 00:18:15,792 --> 00:18:16,667 (GERRY SIGHS) 236 00:18:18,708 --> 00:18:20,042 NICK: Pause it. 237 00:18:22,500 --> 00:18:24,042 The prosecutor is going to say, 238 00:18:24,125 --> 00:18:26,583 Gerry must have known these guys 239 00:18:26,708 --> 00:18:29,583 and that he believed they were just gonna rough him up. 240 00:18:31,333 --> 00:18:34,625 I mean, when you look at Gerry though, I believe him. 241 00:18:34,708 --> 00:18:37,708 It's really about, "They didn't kill me, 242 00:18:37,708 --> 00:18:40,667 -"so I didn't think they were gonna kill Danny." -Mm-hmm. 243 00:18:40,750 --> 00:18:43,125 -NICK: We're just gonna have to explain it. -Yeah. 244 00:18:43,208 --> 00:18:44,458 NICK: We just have to frame it correctly. 245 00:18:45,500 --> 00:18:47,333 -It's still a problem though. -Mm-hmm. 246 00:18:56,542 --> 00:19:00,000 NICK: When I spoke with Gerry, it was my understanding 247 00:19:00,042 --> 00:19:03,458 that Gerry and Danny got along really well. 248 00:19:03,542 --> 00:19:06,667 But there's some evidence that we recently received 249 00:19:06,750 --> 00:19:09,125 that suggests that that wasn't the case. 250 00:19:17,833 --> 00:19:22,042 All right. I want to listen to the friend from California interview. 251 00:19:22,167 --> 00:19:25,208 She talked to the detectives in August. 252 00:19:25,292 --> 00:19:27,250 -Of 2006? -2006. 253 00:20:11,708 --> 00:20:14,167 This is not good for us. 254 00:20:14,292 --> 00:20:19,333 Danny had this big blow up with Gerry and wanted to clean house and get rid of him. 255 00:20:19,333 --> 00:20:22,167 It's going to fall right into the state's theory, 256 00:20:22,208 --> 00:20:25,583 that Gerry has a motive. 257 00:20:25,708 --> 00:20:29,333 Yeah, that's a pretty clear connection for the prosecution to make. 258 00:20:29,375 --> 00:20:32,875 In a murder case, motive means everything. 259 00:20:36,292 --> 00:20:40,458 Did anybody else have anything to say about Gerry and Danny's relationship? 260 00:20:40,542 --> 00:20:44,708 I mean, he interviewed a decent amount of people at DLC. 261 00:20:44,792 --> 00:20:47,833 So, this audio is the bookkeeper at DLC. 262 00:20:47,875 --> 00:20:50,458 And she talked to them, day after the murder. 263 00:21:01,208 --> 00:21:02,208 (BOOKKEEPER SIGHS) 264 00:21:48,792 --> 00:21:51,542 -She says Danny really respected Gerry... -Yeah. 265 00:21:51,667 --> 00:21:53,750 -...and he worked hard for him. -Works hard. Yeah. 266 00:21:53,833 --> 00:21:56,875 That doesn't sound like somebody who's about ready to get fired. 267 00:21:57,000 --> 00:21:59,125 All right. Well, I like that... 268 00:21:59,208 --> 00:22:03,167 -because this is somebody who actually works there. -Yeah. 269 00:22:03,250 --> 00:22:05,833 Did the friend from California work there? 270 00:22:05,917 --> 00:22:07,000 No. 271 00:22:07,083 --> 00:22:07,958 -She never even met Gerry? -Mm-mmm. 272 00:22:09,208 --> 00:22:11,542 -So, that's good. -Yeah. 273 00:22:22,875 --> 00:22:26,417 It's been a long time since I've been back and seen my family. 274 00:22:32,708 --> 00:22:35,708 Time is running out on me. 275 00:22:37,542 --> 00:22:41,000 I get in touch with my sister Nancy quite frequently. 276 00:22:41,083 --> 00:22:43,417 -(LINE DIALING) -(BEEPS) 277 00:22:43,500 --> 00:22:45,958 Oh, there she is. 278 00:22:46,042 --> 00:22:47,583 -I like your hair. -Yeah? 279 00:22:48,375 --> 00:22:50,667 (CHUCKLES) How you? 280 00:22:50,708 --> 00:22:53,208 -I'm good. -What's been happening? 281 00:22:53,292 --> 00:22:56,500 We had birthdays, there was 4th of July, 282 00:22:56,542 --> 00:22:59,458 -we missed you. -Well, I miss being there. 283 00:22:59,542 --> 00:23:01,667 What's been happening with you? 284 00:23:02,292 --> 00:23:04,167 I've got news. 285 00:23:04,250 --> 00:23:06,583 I've got trial coming up. 286 00:23:06,667 --> 00:23:10,292 Okay. Do you feel optimistic? 287 00:23:10,375 --> 00:23:11,750 I don't know, but... 288 00:23:13,292 --> 00:23:15,333 I don't have much faith in the trial. 289 00:23:16,583 --> 00:23:20,542 The police think I did it. 290 00:23:21,208 --> 00:23:23,208 It makes no sense. 291 00:23:23,292 --> 00:23:25,208 You have to have a motive! 292 00:23:25,292 --> 00:23:26,625 I'm not a criminal. 293 00:23:26,708 --> 00:23:28,750 I'm a victim of a crime. 294 00:23:28,833 --> 00:23:30,000 I know. 295 00:23:30,042 --> 00:23:34,292 My whole concept of the legal system is 296 00:23:34,375 --> 00:23:37,250 blown apart by this whole thing. 297 00:23:37,333 --> 00:23:40,167 Well, when it does go to trial, I want to be there... 298 00:23:40,208 --> 00:23:41,500 -I know. -...with you and Anna. 299 00:23:41,625 --> 00:23:43,458 GERRY: I appreciate that. 300 00:23:43,542 --> 00:23:45,042 You'll be the first one I call. 301 00:23:46,333 --> 00:23:47,458 Take care. 302 00:23:48,458 --> 00:23:50,417 -Okay, love you. -Love you, too. 303 00:23:50,542 --> 00:23:51,667 -Bye, Ger. -Bye-bye. 304 00:23:54,542 --> 00:23:57,250 It bothers me that it affects my family. 305 00:23:57,333 --> 00:24:00,417 Eighteen years of worry and stress. 306 00:24:02,083 --> 00:24:03,125 They're playing with my life. 307 00:24:04,625 --> 00:24:06,667 And I can't do a darn thing about it. 308 00:24:14,667 --> 00:24:17,583 I really need to be able to corroborate Gerry's account 309 00:24:17,583 --> 00:24:20,250 of being tied up with the zip ties. 310 00:24:20,333 --> 00:24:23,917 The police found three zip ties. 311 00:24:24,000 --> 00:24:25,750 One found in front of the business 312 00:24:25,833 --> 00:24:28,583 that looks to be too big to tie Gerry up. 313 00:24:28,708 --> 00:24:32,583 The other zip tie is found on the front seat of Gerry's truck. 314 00:24:32,708 --> 00:24:34,625 This one is also too big. 315 00:24:36,042 --> 00:24:38,708 Then I've got this zip tie. 316 00:24:38,792 --> 00:24:40,375 This is the only one that it could be. 317 00:24:40,458 --> 00:24:43,667 But the detective claims it's too small. 318 00:24:43,750 --> 00:24:46,708 I need to go look at the zip tie. 319 00:24:53,542 --> 00:24:56,500 So right now, we are headed to 320 00:24:56,583 --> 00:25:00,708 the Henderson Police Department evidence vault. 321 00:25:00,708 --> 00:25:04,792 I've got to go pull the zip tie. I've got to see how big it is. 322 00:25:23,792 --> 00:25:26,708 So, I pull the zip tie. 323 00:25:26,833 --> 00:25:31,500 The width is a little less than four inches wide. 324 00:25:34,542 --> 00:25:35,625 Let's see here. 325 00:25:37,042 --> 00:25:38,667 That's it right there. 326 00:25:38,708 --> 00:25:43,000 Then... six inches this way. 327 00:25:43,083 --> 00:25:45,708 Right there. Just like the picture. 328 00:25:47,417 --> 00:25:51,542 So, I mean, I fit in it. 329 00:25:51,625 --> 00:25:55,458 But I'm not, no six-foot, 250lb Gerry. 330 00:25:55,542 --> 00:25:58,500 Now the question is, I might fit in it, 331 00:25:58,542 --> 00:26:00,708 but does Gerry fit in? 332 00:26:09,875 --> 00:26:12,667 NICK: Right now we're heading to see Gerry. 333 00:26:12,750 --> 00:26:16,583 The main things that I want to clear up is, first, 334 00:26:16,667 --> 00:26:18,833 the zip tie. 335 00:26:18,917 --> 00:26:23,042 Prosecution is claiming it's too small to tie him up. 336 00:26:23,125 --> 00:26:27,667 So I've brought the zip tie with the same measurement, 337 00:26:27,708 --> 00:26:31,167 and I just want to see, Gerry, can you fit in it? 338 00:26:37,958 --> 00:26:40,417 Prosecution is claiming that 339 00:26:40,542 --> 00:26:43,125 it's improbable that he could fit in the back of his truck, 340 00:26:43,125 --> 00:26:44,958 because of how tall he is and his weight. 341 00:26:45,042 --> 00:26:48,417 And Gerry's had the same truck 342 00:26:48,500 --> 00:26:50,042 for the past 20 years. 343 00:26:50,125 --> 00:26:53,833 So, I'm really interested to see if he actually fits back there. 344 00:27:02,125 --> 00:27:04,458 Gerry, thanks for coming out, my friend. 345 00:27:04,542 --> 00:27:06,625 -Appreciate it. -Nick. 346 00:27:06,708 --> 00:27:07,875 A couple of things I want to do with you today. 347 00:27:08,000 --> 00:27:09,667 I know it's not going to be comfortable 348 00:27:09,708 --> 00:27:12,833 because it's going to be a little bit of reenactment kind of thing. 349 00:27:12,958 --> 00:27:16,125 -I'll be all right. Let's get it done. -All right. 350 00:27:16,208 --> 00:27:18,875 Now, one of the things they're saying is, 351 00:27:19,000 --> 00:27:22,000 your story doesn't make any sense because it's improbable that 352 00:27:22,042 --> 00:27:25,167 you would fit in the back of the extended cab portion of your truck, 353 00:27:25,250 --> 00:27:28,083 based on your height and how big you are. 354 00:27:28,167 --> 00:27:31,000 So, let's see if that's even... if they're right. 355 00:27:35,000 --> 00:27:37,083 -This is the same truck? -Yeah. 356 00:27:37,167 --> 00:27:39,333 It's the same truck I've had since '03. 357 00:27:39,417 --> 00:27:40,958 Wow! 358 00:27:41,042 --> 00:27:44,292 -And you're the same weight? -Yes. 359 00:27:44,375 --> 00:27:47,500 -Okay. I want you to... yeah, imagine, -I'll try not to use my hands. 360 00:27:47,542 --> 00:27:50,083 you just get pushed back here, all right? 361 00:27:51,250 --> 00:27:52,500 See if you can fit in there. 362 00:27:52,583 --> 00:27:54,250 (GERRY GROANS) 363 00:27:56,958 --> 00:27:59,542 Not as easy as it was when I was 62. 364 00:27:59,625 --> 00:28:01,042 You okay? 365 00:28:03,667 --> 00:28:05,167 I was in there like this. 366 00:28:06,417 --> 00:28:08,833 Well, Gerry, you fit, buddy. 367 00:28:11,542 --> 00:28:13,250 (GERRY GROANS) 368 00:28:14,167 --> 00:28:15,167 Wow. 369 00:28:16,292 --> 00:28:17,875 -You okay? -Yeah, I'm fine. 370 00:28:18,833 --> 00:28:22,042 -You fit back there. -Yes. 371 00:28:22,167 --> 00:28:25,667 Did any of those detectives ever ask you 372 00:28:25,708 --> 00:28:27,792 -if you actually fit back there? -No. 373 00:28:27,875 --> 00:28:30,708 I can say that no, they didn't. 374 00:28:30,708 --> 00:28:33,292 Instead they just write in their police report 375 00:28:33,375 --> 00:28:36,167 that it's not probable that you would fit back there 376 00:28:36,208 --> 00:28:38,375 -based on your height and your weight. -Correct. 377 00:28:38,375 --> 00:28:39,792 Wow. 378 00:28:40,792 --> 00:28:43,958 Okay. Next thing. 379 00:28:45,292 --> 00:28:47,167 I have the exact measurement 380 00:28:47,250 --> 00:28:51,000 of the only zip tie that could have been the one to have tied you up. 381 00:28:51,083 --> 00:28:54,667 If you can fit in the zip tie, then our account makes sense. 382 00:28:54,708 --> 00:28:58,167 If you can't fit in the zip tie, then we've got a little bit of issues. 383 00:29:02,042 --> 00:29:04,500 This is the same type of zip tie that tied you up. 384 00:29:04,625 --> 00:29:08,708 So, what I want to do is just, I want you to put your hands like this, okay? 385 00:29:12,250 --> 00:29:13,833 Let me just double check the width. 386 00:29:16,458 --> 00:29:18,500 This is it. Moment of truth. 387 00:29:18,583 --> 00:29:19,792 Try to get out? 388 00:29:24,375 --> 00:29:26,250 (GERRY GROANING) 389 00:29:35,542 --> 00:29:36,875 Wow. 390 00:29:36,958 --> 00:29:39,000 Well, I mean, that might look small... 391 00:29:39,042 --> 00:29:40,667 -but it... -I got out. 392 00:29:40,708 --> 00:29:41,875 You got out. 393 00:29:41,958 --> 00:29:43,833 We've got four there. 394 00:29:44,708 --> 00:29:45,958 We've got six here. 395 00:29:46,042 --> 00:29:48,125 This is pretty huge in our case. 396 00:29:50,208 --> 00:29:52,000 -Thanks for coming out, Gerry. -No problem. 397 00:29:58,792 --> 00:30:02,958 So today, obviously, I think is a big win for us. 398 00:30:03,792 --> 00:30:05,833 He fits in the back of his truck 399 00:30:05,875 --> 00:30:09,208 and that zip tie, the one that they said was too small 400 00:30:09,292 --> 00:30:12,125 for him to fit in? No, he actually fit 401 00:30:12,208 --> 00:30:15,500 in the same zip tie. It wasn't too small. 402 00:30:15,583 --> 00:30:17,250 We still got some issues. I mean, 403 00:30:17,375 --> 00:30:18,792 I still have to be able to explain 404 00:30:18,875 --> 00:30:21,833 why he's so inconsistent in his interviews, 405 00:30:21,917 --> 00:30:24,917 but I'm feeling a lot better about the case right now. 406 00:30:35,750 --> 00:30:38,417 NICK: One of the things that police claim is 407 00:30:38,500 --> 00:30:41,875 that there are these new technological advances 408 00:30:42,000 --> 00:30:44,667 that led them to Gerry. 409 00:30:44,750 --> 00:30:48,583 The fact that there is forensic evidence can be a big problem for us. 410 00:30:48,667 --> 00:30:52,792 So, what I'm gonna do right now is really just get into this forensic evidence 411 00:30:52,875 --> 00:30:54,458 and see how bad it is for us. 412 00:30:56,292 --> 00:30:58,292 All right. So, let's go through this. 413 00:31:00,208 --> 00:31:02,333 The swabs from the steering wheel, 414 00:31:03,625 --> 00:31:04,958 hairs... 415 00:31:06,042 --> 00:31:08,958 This is a lab report on the DNA. 416 00:31:10,167 --> 00:31:11,917 The results are inconclusive. 417 00:31:13,500 --> 00:31:17,792 There's no evidence that his DNA is anywhere on Danny Cates. 418 00:31:17,875 --> 00:31:20,375 I don't think we have anything to worry about with the DNA. 419 00:31:21,583 --> 00:31:22,917 Here's more stuff. 420 00:31:23,875 --> 00:31:25,500 We've got gunshot residue. 421 00:31:27,625 --> 00:31:29,500 Gerry's name is mentioned here. 422 00:31:31,375 --> 00:31:32,500 Man... 423 00:31:34,375 --> 00:31:36,458 Gerry's got gunshot residue on his hands? 424 00:31:38,625 --> 00:31:40,042 Oh, I don't like that. 425 00:31:43,917 --> 00:31:45,958 How could he get gunshot residue on his hands 426 00:31:45,958 --> 00:31:47,458 if he never fired a gun that morning? 427 00:31:48,875 --> 00:31:50,833 The prosecution are going to be saying, 428 00:31:50,917 --> 00:31:54,375 that means that Gerry shot Danny. 429 00:31:55,292 --> 00:31:57,083 Pretty damning. 430 00:31:57,167 --> 00:31:58,833 If there's GSR on his hands, 431 00:31:58,917 --> 00:32:00,417 Gerry could go down. 432 00:32:07,167 --> 00:32:09,000 (POLICE RECORDING PLAYING) 433 00:32:21,333 --> 00:32:24,542 If the jury hears that Gerry had gunshot residue on his hand, 434 00:32:24,625 --> 00:32:27,417 they could think that Gerry either shot Danny, 435 00:32:27,542 --> 00:32:29,958 or was with the killers when they shot him. 436 00:32:32,458 --> 00:32:35,583 -So, I've asked a colleague of mine... -Okay. 437 00:32:35,667 --> 00:32:38,750 ...to speak with some expert witnesses on gunshot residue... 438 00:32:38,875 --> 00:32:40,833 All right, great. Thanks, man. 439 00:32:40,875 --> 00:32:43,292 ...and really see how bad it is for us. 440 00:32:44,500 --> 00:32:45,542 Yo. 441 00:32:47,500 --> 00:32:51,167 -RENO: So, I spoke with an expert... -What'd he have to say? 442 00:32:51,250 --> 00:32:54,375 The killers left the building around 5 a.m. 443 00:32:54,458 --> 00:32:56,833 And then we know Gerry walked into that room 444 00:32:56,917 --> 00:32:59,167 where Danny was found around 5:30. 445 00:32:59,250 --> 00:33:00,333 So about half an hour later. 446 00:33:09,375 --> 00:33:11,542 Gerry had one microscopic particle on him. 447 00:33:12,167 --> 00:33:14,000 Now for comparison, 448 00:33:14,042 --> 00:33:17,833 the first guy in the room had 18 particles on him, 449 00:33:17,833 --> 00:33:19,750 and the second guy in, has four. 450 00:33:19,875 --> 00:33:22,375 So between the three of them, Gerry had by far the least. 451 00:33:24,375 --> 00:33:27,167 I mean, that's really good that these other witnesses, 452 00:33:27,208 --> 00:33:29,042 who are not suspects in this case, 453 00:33:29,125 --> 00:33:30,542 they even had GSR on them. 454 00:33:30,667 --> 00:33:33,417 Just being in a room where a gunshot was fired, 455 00:33:33,500 --> 00:33:35,458 which all three of these guys were. 456 00:33:35,542 --> 00:33:37,958 That can lead to you having microscopic particles on you. 457 00:33:38,042 --> 00:33:40,958 This is great news. Good job, Reno. 458 00:33:53,583 --> 00:33:55,250 (POLICE RECORDING PLAYING) 459 00:34:08,708 --> 00:34:13,000 NICK: Police asked Gerry to submit to two polygraphs, 460 00:34:13,042 --> 00:34:15,375 one in 2006, 461 00:34:15,458 --> 00:34:19,292 and then another one in 2019. 462 00:34:19,375 --> 00:34:24,250 And according to the police, Gerry failed both polygraphs. 463 00:34:24,375 --> 00:34:27,042 The thing that puzzles me is that there were 464 00:34:27,125 --> 00:34:31,375 no results, no data of the first polygraph. 465 00:34:32,750 --> 00:34:36,042 We've already made a request to the DA's office, 466 00:34:36,125 --> 00:34:38,000 and the response that I got was, 467 00:34:38,042 --> 00:34:40,333 "You should ask Gerry. 468 00:34:40,375 --> 00:34:43,042 "It is not state generated discovery." 469 00:34:43,167 --> 00:34:45,792 Based on the email, it doesn't even seem like they know about it. 470 00:34:46,792 --> 00:34:48,375 I mean, this is odd. 471 00:34:50,542 --> 00:34:53,333 So I'm gonna word search these thousands of documents 472 00:34:53,417 --> 00:34:55,958 of this 18-year investigation, 473 00:34:56,042 --> 00:35:00,458 and hopefully find something that can lead me to the first polygraph. 474 00:35:04,625 --> 00:35:07,208 There's over 350 mentions of polygraph. 475 00:35:16,542 --> 00:35:18,750 It's like, nonstop. This case is ginormous. 476 00:35:24,125 --> 00:35:25,542 Hold on one second. 477 00:35:25,667 --> 00:35:28,875 Here's an email from the first detective 478 00:35:28,958 --> 00:35:30,708 to Danny Cates' daughter. 479 00:35:32,792 --> 00:35:36,167 The detective is responding to an email from her, 480 00:35:36,250 --> 00:35:39,625 basically making demands on him to go do things. 481 00:35:40,208 --> 00:35:41,292 He says, 482 00:35:42,250 --> 00:35:45,042 "As far as contacting Gerry, 483 00:35:45,125 --> 00:35:46,542 "that has been done. 484 00:35:46,667 --> 00:35:49,833 "In fact, a couple of different times. 485 00:35:49,917 --> 00:35:53,500 "And in fact, Gerry submitted to a polygraph and..." 486 00:35:54,667 --> 00:35:57,875 He passed the polygraph. 487 00:35:57,958 --> 00:36:01,250 So, all this time, law enforcement makes him believe 488 00:36:01,333 --> 00:36:02,958 that he failed the first polygraph, 489 00:36:03,042 --> 00:36:06,042 when in fact, he actually passed it. 490 00:36:06,208 --> 00:36:08,125 They head screw him 491 00:36:08,208 --> 00:36:11,833 for those six years of 2013 to 2019, 492 00:36:11,875 --> 00:36:14,875 make him doubt his story, 493 00:36:14,958 --> 00:36:16,792 his account of what happened to him. 494 00:36:16,875 --> 00:36:21,167 And that could be a reason why there's inconsistent statements. 495 00:36:21,250 --> 00:36:24,125 This is really important. This is shocking. 496 00:36:24,208 --> 00:36:28,167 I got to tell the lead prosecutor in this case what I found. 497 00:36:28,250 --> 00:36:29,750 This case should be dismissed. 498 00:36:37,792 --> 00:36:40,542 (CELL PHONE RINGING) 499 00:36:42,625 --> 00:36:43,667 GERRY: Hello. 500 00:36:44,542 --> 00:36:45,708 Yeah. 501 00:36:46,542 --> 00:36:47,625 Hey. 502 00:36:50,625 --> 00:36:51,625 What's happening? 503 00:36:55,083 --> 00:36:56,375 Yeah. 504 00:37:02,917 --> 00:37:05,292 -Wow. -That's big news. 505 00:37:10,667 --> 00:37:11,875 Should I trust them? 506 00:37:21,292 --> 00:37:22,333 GERRY: Okay. 507 00:37:23,792 --> 00:37:25,417 Thank you. Bye-bye. 508 00:37:27,875 --> 00:37:30,292 I wouldn't trust the DA as far as I could throw him. 509 00:37:32,208 --> 00:37:34,667 I want to believe it. 510 00:37:34,750 --> 00:37:39,250 But the DA was the one that said that I was a danger to the community. 511 00:37:39,333 --> 00:37:41,750 -True. -So, I don't trust him. 512 00:37:42,875 --> 00:37:44,292 I just don't trust him. 513 00:37:57,792 --> 00:38:00,250 NICK: Today is a big day for Gerry and I. 514 00:38:01,375 --> 00:38:04,125 What's at stake is Gerry's life. 515 00:38:04,208 --> 00:38:06,375 I mean, this is everything for Gerry. 516 00:38:07,500 --> 00:38:10,833 He's been waiting for four years. 517 00:38:10,875 --> 00:38:13,583 I'm hoping that all the work that we've done, 518 00:38:13,583 --> 00:38:16,375 every stone that we've overturned, 519 00:38:16,458 --> 00:38:19,250 every little piece of evidence that we looked at, 520 00:38:19,333 --> 00:38:22,292 that this is finally going to pay off, 521 00:38:22,375 --> 00:38:23,875 and this is going to end for Gerry. 522 00:38:24,000 --> 00:38:26,375 And that it really is going to be dismissed. 523 00:38:36,042 --> 00:38:38,042 GERRY: I'm nervous. 524 00:38:38,125 --> 00:38:42,542 I have... butterflies in my stomach. 525 00:38:44,375 --> 00:38:46,417 I'm hoping this is going to be the end. 526 00:38:47,917 --> 00:38:49,917 But, you never know. 527 00:38:52,083 --> 00:38:54,375 Okay. 528 00:39:24,958 --> 00:39:26,708 -NICK: Gerry? -Yeah. 529 00:39:28,167 --> 00:39:30,792 -You all right? You okay? -Yeah. 530 00:39:30,875 --> 00:39:33,917 -We're almost there, man. -Yep. 531 00:39:34,042 --> 00:39:35,583 GERRY: All right, here we go. 532 00:39:38,083 --> 00:39:39,792 (INDISTINCT CHATTERING) 533 00:39:55,292 --> 00:39:56,958 Mr. DiGiacomo present on behalf of the state. 534 00:39:58,333 --> 00:40:00,833 MARC DIGIACOMO: Thank you, Judge. 535 00:40:00,875 --> 00:40:04,667 Part of the reason that Mr. Gage was charged by my office, 536 00:40:04,708 --> 00:40:06,667 for this particular crime is that, 537 00:40:06,708 --> 00:40:09,500 he has told a number of versions of events. 538 00:40:13,292 --> 00:40:15,792 His original story is highly suspicious. 539 00:40:17,708 --> 00:40:19,833 A couple of weeks ago, Mr. Wooldridge asked me 540 00:40:19,917 --> 00:40:23,792 for the polygraph that Mr. Gage took in 2006. 541 00:40:25,542 --> 00:40:27,208 And I said, "Look, 542 00:40:27,292 --> 00:40:28,417 "Henderson Police Department 543 00:40:28,500 --> 00:40:29,875 "says they don't keep records that far back." 544 00:40:32,375 --> 00:40:36,000 Mr. Wooldridge, being Mr. Wooldridge, was not going to let it go. 545 00:40:36,042 --> 00:40:39,000 There was additional searches, and ultimately 546 00:40:39,042 --> 00:40:43,000 they did locate email that was sent from the detective 547 00:40:43,083 --> 00:40:44,667 that indicated that Mr. Gage 548 00:40:44,708 --> 00:40:47,667 had passed the polygraph in 2006. 549 00:40:50,375 --> 00:40:53,417 Based upon that, I have a reasonable doubt 550 00:40:53,500 --> 00:40:56,167 as to whether or not Mr. Gage is guilty. 551 00:40:58,917 --> 00:41:00,750 So at this time, I'll move to dismiss. 552 00:41:06,375 --> 00:41:07,542 Case dismissed. 553 00:41:09,292 --> 00:41:10,500 Thank you. 554 00:41:10,583 --> 00:41:12,208 (TRIUMPHANT MUSIC PLAYING) 555 00:41:17,083 --> 00:41:19,833 NICK: Congratulations. It's over, man. 556 00:41:19,958 --> 00:41:21,708 You're finally free. 557 00:41:21,792 --> 00:41:23,625 We can all breathe a sigh of relief. 558 00:41:23,708 --> 00:41:26,542 Thank you. I don't know what to say. 559 00:41:26,625 --> 00:41:28,083 -Thank you. -Absolutely. 560 00:41:30,375 --> 00:41:32,458 NICK: This is a huge win. 561 00:41:32,542 --> 00:41:34,667 I couldn't be happier. 562 00:41:34,750 --> 00:41:37,208 The DA's office took a second look at this case, 563 00:41:37,333 --> 00:41:40,292 and they really did the right thing. 564 00:41:40,375 --> 00:41:44,708 And now I feel that Gerry finally gets this vindication that he deserves. 565 00:41:45,458 --> 00:41:48,125 A recognition that 566 00:41:48,208 --> 00:41:49,458 he is innocent, 567 00:41:49,542 --> 00:41:51,583 just like we always believed he was. 568 00:41:51,667 --> 00:41:54,417 Go, sail off into the sunset. 569 00:41:54,500 --> 00:41:56,000 I'll take that to the sunset. 570 00:41:56,083 --> 00:41:58,375 -Take that to the sunset, okay? -(LAUGHING) 571 00:41:58,500 --> 00:42:00,583 -Thank you. -All right, my friend. 572 00:42:06,167 --> 00:42:07,542 GERRY: I feel relieved. 573 00:42:08,792 --> 00:42:11,125 And I'm happy for us. 574 00:42:11,208 --> 00:42:13,667 And I feel like a new person. 575 00:42:13,708 --> 00:42:16,542 A totally new person. 576 00:42:16,625 --> 00:42:18,708 GERRY: It's going to start a new life. 577 00:42:19,667 --> 00:42:21,250 And we're still together. 578 00:42:32,792 --> 00:42:35,292 Okay, babe, let's head to the mountains. 579 00:42:47,208 --> 00:42:48,917 (HORN HONKING)