1 00:00:05,590 --> 00:00:06,590 (Operator speaking) 2 00:00:07,092 --> 00:00:10,095 (Rachel speaking) 3 00:00:19,229 --> 00:00:22,482 - (Telephone line disconnects) - (Operator speaking) 4 00:00:26,611 --> 00:00:29,531 (Female officer speaking) 5 00:00:29,656 --> 00:00:31,741 (Operator speaking) 6 00:00:39,416 --> 00:00:42,669 Rachel: A gruesome, horrible thing happened that day. 7 00:00:42,752 --> 00:00:47,591 He attacked me and I feel was going to kill me. 8 00:00:47,716 --> 00:00:50,076 I didn't want to kill him. I just didn't want him to kill me. 9 00:00:51,761 --> 00:00:53,930 I got away. He got me again. 10 00:00:54,055 --> 00:00:55,515 I was like, I'm going to die 11 00:00:55,640 --> 00:00:58,226 and that was the scariest moment in my life. 12 00:00:58,351 --> 00:01:01,104 (Operator speaking) 13 00:01:28,923 --> 00:01:34,846 This case is a perfect example of why there is justified use of force statutes, 14 00:01:34,971 --> 00:01:39,768 people should be able to defend themselves from being free of sexual attack, 15 00:01:39,893 --> 00:01:42,270 sexual assault, rape. Period. 16 00:01:46,232 --> 00:01:48,860 The facts as we know it 17 00:01:48,943 --> 00:01:54,157 are that at six o'clock, Rachel went to meet Jacob glace, her ex-husband, 18 00:01:54,240 --> 00:02:00,622 for the purposes of preventing him to have contact with his son. 19 00:02:00,747 --> 00:02:03,708 They needed a place to talk privately, 20 00:02:03,875 --> 00:02:07,337 it wasn't a matter that was gonna be discussed around strangers. 21 00:02:07,420 --> 00:02:10,215 They went about a half mile up the road. 22 00:02:10,382 --> 00:02:13,093 He attacked her, 23 00:02:13,218 --> 00:02:14,636 attempted to rape her, 24 00:02:15,720 --> 00:02:19,224 she used a pistol to defend herself, 25 00:02:19,349 --> 00:02:23,103 shot and killed him. 26 00:02:23,228 --> 00:02:27,190 Rachel was fortunate to have a handgun in that spot 27 00:02:27,273 --> 00:02:29,192 because if she hadn't, she would have been dead. 28 00:02:37,909 --> 00:02:39,285 Hey, rach, come on back. 29 00:02:40,829 --> 00:02:43,248 I specialize in self-defense cases. 30 00:02:43,373 --> 00:02:45,959 And when I met Rachel, 31 00:02:46,084 --> 00:02:50,130 I knew, right away, it was a case that was worthy to take pro bono, 32 00:02:50,213 --> 00:02:51,399 meaning that there's no charge. 33 00:02:51,423 --> 00:02:54,426 What she was trying to do was to help her kids 34 00:02:54,551 --> 00:02:58,138 and, you know, being a parent, that meant a lot to me. 35 00:03:01,015 --> 00:03:06,187 Right now, your current charges are deliberate homicide, 36 00:03:06,354 --> 00:03:08,440 it's the most serious charge there is. 37 00:03:10,400 --> 00:03:14,362 That charge would result in life incarceration. 38 00:03:20,076 --> 00:03:22,954 That's really heavy. (Chuckles) 39 00:03:23,079 --> 00:03:27,208 I certainly did not go down there intending to kill him that day. 40 00:03:29,419 --> 00:03:32,589 I did what I had to do so that I didn't die. 41 00:03:34,883 --> 00:03:39,679 Really, what the state is saying is that you killed Jacob glace 42 00:03:39,763 --> 00:03:44,017 because of the history of domestic abuse, 43 00:03:44,142 --> 00:03:45,602 and that you had had enough. 44 00:03:48,396 --> 00:03:51,733 There were five shots that ended up hitting him. 45 00:03:51,858 --> 00:03:55,069 But they're primarily going to talk about the shot to the back of the head 46 00:03:55,195 --> 00:04:00,617 and they're going to, somehow, go through and say that that was an execution. 47 00:04:02,410 --> 00:04:06,247 It baffles my mind, really, that they would think that about me. 48 00:04:08,041 --> 00:04:12,754 One of the things that we don't have is any photographs of you, 49 00:04:14,047 --> 00:04:16,090 as you were that day. 50 00:04:16,216 --> 00:04:19,594 These pictures were taken after a few days 51 00:04:19,719 --> 00:04:22,764 and I can show you a couple that I would think that, 52 00:04:22,889 --> 00:04:27,852 you know, like this one here, Rachel. 53 00:04:27,936 --> 00:04:33,066 This is one that they're saying that you may have did to yourself. 54 00:04:33,191 --> 00:04:36,236 That is completely ridiculous. 55 00:04:36,361 --> 00:04:38,404 So, you are entitled under Montana law 56 00:04:38,530 --> 00:04:45,787 to defend yourself, um, from a sexual assault, 57 00:04:45,912 --> 00:04:49,958 a forcible felony, or in a situation where you fear for your life. 58 00:04:52,043 --> 00:04:56,673 Normally, the police would not only investigate the crime 59 00:04:56,840 --> 00:05:00,009 or the potential crime of a death, 60 00:05:00,134 --> 00:05:01,636 but they would also investigate 61 00:05:01,719 --> 00:05:04,764 the person's claim of sexual assault and attempted rape. 62 00:05:05,932 --> 00:05:06,932 They didn't do it. 63 00:05:08,434 --> 00:05:10,186 We're going to reverse that on them, 64 00:05:10,270 --> 00:05:13,106 go out and do our own investigation, 65 00:05:13,231 --> 00:05:14,458 filling in blanks that they just don't have 66 00:05:14,482 --> 00:05:17,443 and so, we can get ahead of them. 67 00:05:17,569 --> 00:05:21,865 That allows us to be prepared, okay? 68 00:05:26,578 --> 00:05:32,041 I had a life that was predictable and enjoyable and calm 69 00:05:32,166 --> 00:05:35,837 and, now, all of that is gone. 70 00:05:35,920 --> 00:05:37,690 To know there's people out there who think I did that 71 00:05:37,714 --> 00:05:41,759 is disgusting and it makes me wanna throw up, 72 00:05:41,885 --> 00:05:44,721 because that couldn't be further, further from what happened 73 00:06:07,744 --> 00:06:11,581 Rachel: I was 15 when we got together 74 00:06:11,706 --> 00:06:16,336 and he was 22, almost 23 years old at the time. 75 00:06:17,545 --> 00:06:19,339 I was standing outside, one morning, 76 00:06:19,464 --> 00:06:21,233 waiting for the school bus to come pick me up, 77 00:06:21,257 --> 00:06:23,509 and he went walking by, uh, 78 00:06:23,635 --> 00:06:27,221 and he smiled and waved and continued on his way. 79 00:06:27,347 --> 00:06:30,683 So that was the beginning of our relationship. 80 00:06:30,850 --> 00:06:32,518 We had sex and I got pregnant with Orion. 81 00:06:33,561 --> 00:06:35,688 That was around my 16th birthday. 82 00:06:38,107 --> 00:06:43,780 So the sexual abuse began a couple of months after Orion was born 83 00:06:45,031 --> 00:06:47,200 and then it stopped. 84 00:06:47,325 --> 00:06:51,120 When I became pregnant with Isaac, he became physically abusive. 85 00:06:51,245 --> 00:06:54,832 He would pinch me, push me, throw things at me. 86 00:06:56,626 --> 00:06:59,420 And then Isaac was born in August of 2001, 87 00:06:59,545 --> 00:07:04,175 and, then... 88 00:07:04,300 --> 00:07:09,931 the sexual abuse started again about a week, week and a half or so 89 00:07:10,056 --> 00:07:11,683 after Isaac was born. 90 00:07:11,849 --> 00:07:15,478 And then that was when I tried to commit suicide for the first time, 91 00:07:15,603 --> 00:07:18,815 because I thought here we go again. 92 00:07:22,902 --> 00:07:26,280 On the inside, I feel like I was just a shell of a person 93 00:07:26,406 --> 00:07:30,159 and everything that was ever me was gone and I was just there. 94 00:07:33,621 --> 00:07:37,583 And I had two little babies to take care of, 95 00:07:41,337 --> 00:07:44,424 and a horrible monster that showed up to terrorize us. 96 00:07:54,475 --> 00:07:59,063 Jake and I were together for just under five years 97 00:07:59,188 --> 00:08:01,983 um, and... 98 00:08:08,281 --> 00:08:10,908 They were five very long years 99 00:08:11,034 --> 00:08:15,747 of abuse and isolation and torment and fear. 100 00:08:29,385 --> 00:08:33,222 It was eight-nine years of... 101 00:08:33,347 --> 00:08:36,184 The only time I'd see him is if it was one of the kid's birthdays, 102 00:08:36,309 --> 00:08:38,037 or one of them had a school event or something, 103 00:08:38,061 --> 00:08:42,023 and they wanted him to come, then we might bump into him at the school. 104 00:08:44,525 --> 00:08:47,320 I wished he would have just disappeared, 105 00:08:47,403 --> 00:08:49,989 but I just put on a smiley face 106 00:08:50,073 --> 00:08:50,740 and let him come over whenever he waned to come over 107 00:08:50,865 --> 00:08:52,950 and just pretend to be his friend. 108 00:08:53,910 --> 00:08:58,706 I, personally, do not feel any loss 109 00:08:58,831 --> 00:09:03,002 from him not walking the earth anymore. 110 00:09:03,086 --> 00:09:08,966 Um, what I do feel is the loss of my kids who lost their dad, 111 00:09:09,092 --> 00:09:10,218 um... 112 00:09:15,098 --> 00:09:16,099 And that is so hard. 113 00:09:35,576 --> 00:09:38,371 So, Lance, give me the general timeline 114 00:09:38,746 --> 00:09:41,290 of what happened 115 00:09:41,415 --> 00:09:45,336 in the hours leading up to the moment where she was assaulted? 116 00:09:45,419 --> 00:09:48,840 What we know is Rachel started her day at work, right? 117 00:09:48,965 --> 00:09:53,553 She's getting texts and information from glace saying that... 118 00:09:53,678 --> 00:09:55,596 Rob: That's the ex? Okay. Lance: Yes 119 00:09:55,721 --> 00:10:01,519 ex believes there's a problem with one of the children, and he wants to deal with it. 120 00:10:01,602 --> 00:10:05,022 She agrees to go to paradise to meet him. 121 00:10:05,189 --> 00:10:09,652 Where he's staying, the lady that owns the house is there. 122 00:10:09,777 --> 00:10:14,157 It doesn't allow for them to have a private conversation about the kids. 123 00:10:14,240 --> 00:10:16,367 Rachel has a new vehicle. 124 00:10:16,492 --> 00:10:17,243 He goes out and inspects it 125 00:10:17,368 --> 00:10:20,288 and says, "hey, let's go for a drive". 126 00:10:22,415 --> 00:10:23,666 She's not uncomfortable. 127 00:10:23,791 --> 00:10:26,544 She hasn't had a situation in 10-15 years 128 00:10:26,711 --> 00:10:29,130 where, I think, there's been any violence. 129 00:10:29,255 --> 00:10:31,525 So she doesn't go there thinking something bad's going to happen. 130 00:10:31,549 --> 00:10:33,134 Rob: Oh, okay. 131 00:10:33,217 --> 00:10:36,596 There's a little pull out. They start having an initial conversation. 132 00:10:36,721 --> 00:10:38,431 He gets different 133 00:10:38,556 --> 00:10:42,768 and then, kind of, goes in to try to kiss her once, 134 00:10:42,894 --> 00:10:44,395 and she kind of gives him a push off 135 00:10:44,520 --> 00:10:47,398 like, you know, that's not right, it ain't gonna happen type thing. 136 00:10:47,523 --> 00:10:51,319 He backed off, kind of apologized and then started kind of acting strange, 137 00:10:51,444 --> 00:10:55,281 pacing around, babbling about how bad his life type thing was. 138 00:10:55,406 --> 00:10:59,327 And then at some point in time, he says kind of, like, words like, "(Bleep) It," 139 00:10:59,410 --> 00:11:00,786 and he just attacks her. 140 00:11:02,288 --> 00:11:07,251 She escapes, she feels him grabbing at her pants 141 00:11:07,376 --> 00:11:10,838 and then grabs the gun, turns, closes her eyes, pulls the trigger. 142 00:11:10,922 --> 00:11:16,052 And then at 7:56, she calls 911. 143 00:11:17,553 --> 00:11:19,096 I hear what you're saying, 144 00:11:19,222 --> 00:11:22,142 but every person that I've talked to about this case has the same question. 145 00:11:22,934 --> 00:11:25,061 Why has she got a gun with her? 146 00:11:36,447 --> 00:11:39,617 I mean, the fact of the gun in the car, 147 00:11:39,742 --> 00:11:42,495 it's a good question to explain. 148 00:11:42,578 --> 00:11:44,223 What she's told me is that she goes on hikes. 149 00:11:44,247 --> 00:11:46,016 I mean, they live in lakeside, so it's bear country. 150 00:11:46,040 --> 00:11:48,960 So, she has a gun always when she goes on a hike, 151 00:11:49,085 --> 00:11:51,671 and so it's not uncommon. 152 00:11:51,837 --> 00:11:53,673 I mean, we live in Montana. 153 00:11:53,798 --> 00:11:56,193 If you didn't have the gun in the car, you'd be considered a weirdo. 154 00:11:56,217 --> 00:11:58,094 Yeah. 155 00:12:09,063 --> 00:12:12,316 Here, Isaac, can you set the table for me? 156 00:12:12,441 --> 00:12:14,193 Of course. 157 00:12:14,360 --> 00:12:15,671 It's really nice to get all the kids together, 158 00:12:15,695 --> 00:12:18,948 or at least some of them to sit down and have dinner with us. 159 00:12:19,073 --> 00:12:21,659 How many people are eating today? 160 00:12:21,784 --> 00:12:22,952 - Rachel: Four. - Four? Okay. 161 00:12:23,077 --> 00:12:24,680 Which means you'll probably sit next to Corey. 162 00:12:24,704 --> 00:12:25,871 That's fine. 163 00:12:28,666 --> 00:12:30,042 I met Corey on match.Com. 164 00:12:30,126 --> 00:12:32,962 I didn't do bars and I didn't do church 165 00:12:33,087 --> 00:12:36,382 and there was no really where else to meet people. 166 00:12:44,849 --> 00:12:48,561 My headspace is all over the place. 167 00:12:50,521 --> 00:12:51,022 Rachel's my best friend, 168 00:12:51,147 --> 00:12:55,526 she's my everything. 169 00:12:55,651 --> 00:12:59,447 My whole world revolves around her, the family. 170 00:13:01,032 --> 00:13:04,452 It gives me a great level of rage, 171 00:13:04,577 --> 00:13:07,538 seeing her go through the levels of pain that I do, 172 00:13:07,621 --> 00:13:10,207 having to be there for her when she cries, 173 00:13:10,291 --> 00:13:14,879 having the tough discussions about what are we going to do if all of this goes south. 174 00:13:15,046 --> 00:13:20,384 If she's taken away and, 175 00:13:20,509 --> 00:13:25,431 worst case scenario, life, everything stops, everything's done. 176 00:13:28,142 --> 00:13:32,021 I know that things will never go back to normal. 177 00:13:32,146 --> 00:13:36,984 So that's not what I'm striving for, 178 00:13:37,068 --> 00:13:42,907 but at least trying to keep our day-to-day lives resembling some type of normal. 179 00:13:43,032 --> 00:13:44,992 It's nice having you guys both home for dinner. 180 00:13:45,076 --> 00:13:46,261 Isaac: Wonderful. Corey: Thank you, sir. 181 00:13:46,285 --> 00:13:49,538 Looks amazing, great job, great job. 182 00:13:49,663 --> 00:13:51,957 Rachel: As much as I really enjoy family dinner time. 183 00:13:52,083 --> 00:13:54,752 Since October, 184 00:13:54,877 --> 00:13:57,546 my heart feels like it's being squeezed really tight 185 00:13:57,713 --> 00:13:59,215 and jumps up into my throat. 186 00:13:59,340 --> 00:14:01,526 And I think that what if these next few months are going to be 187 00:14:01,550 --> 00:14:02,950 the last time I ever get to do that. 188 00:14:06,347 --> 00:14:08,349 What if it goes all wrong 189 00:14:09,392 --> 00:14:12,645 and I get convicted of murder and have to go to prison? 190 00:14:20,027 --> 00:14:22,530 So I face it all the time, all day. 191 00:14:25,282 --> 00:14:30,996 Isaac: I don't blame my mom. I hated my dad. 192 00:14:31,122 --> 00:14:37,002 I never felt anything for him, past his abuse. 193 00:14:37,086 --> 00:14:39,672 There's only so much love you can have for a man 194 00:14:39,797 --> 00:14:43,134 when you would hear him beat his wife so many (bleep) Damn days. 195 00:14:45,928 --> 00:14:47,008 When the man that made you, 196 00:14:47,096 --> 00:14:48,973 who made you who you are, 197 00:14:49,056 --> 00:14:53,811 holds a rifle in one hand and a bottle of Tequila in the other 198 00:14:53,936 --> 00:14:57,273 and leaves accusing you of how (bleep) His life has been, 199 00:14:57,398 --> 00:15:00,401 when you're 15 (Bleep) Damn years old? 200 00:15:03,279 --> 00:15:07,283 Quite frankly, if the worst was to happen, 201 00:15:07,408 --> 00:15:10,619 if my mom does end up going away, 202 00:15:10,744 --> 00:15:16,041 I think that because of her role as the glue that holds us all together, 203 00:15:16,167 --> 00:15:18,419 our family would just inherently disintegrate. 204 00:15:32,391 --> 00:15:34,059 Jamie: Is this spring? Lance: Yeah 205 00:15:44,320 --> 00:15:48,532 So, Jamie, today, I wanna go over the interviews 206 00:15:48,657 --> 00:15:52,495 that I conducted with the officers that responded to the incident. 207 00:16:36,038 --> 00:16:36,413 Jamie: So that is a concern to me. 208 00:16:36,580 --> 00:16:38,123 Um, I think that 209 00:16:38,249 --> 00:16:42,711 we're going to need to explain the proximity of where this all happened, 210 00:16:42,836 --> 00:16:44,439 how she fired the shots how quickly she fired the shots. 211 00:16:44,463 --> 00:16:49,635 We're going to have to do our due diligence to explain that. 212 00:16:49,760 --> 00:16:51,196 Lance: Alright, Jamie, the second one's gonna be 213 00:16:51,220 --> 00:16:52,700 of the other detective that responded. 214 00:17:35,764 --> 00:17:38,350 So, I mean, I don't know that much about first step, 215 00:17:38,434 --> 00:17:41,395 but maybe tell me what is the first step facility? 216 00:17:41,520 --> 00:17:44,189 First step is set up to do forensic interviews 217 00:17:44,315 --> 00:17:48,986 and examinations on victims of assaults, primarily sexual assaults. 218 00:17:49,069 --> 00:17:51,238 There are protocols in place to collect that evidence. 219 00:17:51,405 --> 00:17:53,198 And that's what first step is there for. 220 00:17:53,365 --> 00:17:55,868 (Lance speaking on video) 221 00:18:46,085 --> 00:18:50,464 Lance: Do you normally take people that have been sexually assaulted, 222 00:18:50,547 --> 00:18:55,969 is it standard procedure to go to first step to have them gather that evidence? 223 00:18:56,095 --> 00:18:57,495 Jamie: I don't see why you wouldn't! 224 00:18:57,554 --> 00:19:01,642 Any transfer of DNA on the clothing, on her skin, 225 00:19:02,976 --> 00:19:05,896 they are the best in the state at gathering it. 226 00:19:06,021 --> 00:19:10,192 Lance: I totally do not understand how that doesn't happen. 227 00:19:10,275 --> 00:19:12,194 Jamie: Because he doesn't believe her 228 00:19:12,319 --> 00:19:14,863 and that is indicated to me by his statement. 229 00:19:14,947 --> 00:19:15,948 He said "allegedly." 230 00:19:18,117 --> 00:19:19,660 I don't think he believed her. 231 00:19:19,743 --> 00:19:21,429 I don't think he believed that there was anything to investigate. 232 00:19:21,453 --> 00:19:23,473 Whether it was a rape, whether there was penetration or no penetration, 233 00:19:23,497 --> 00:19:27,084 it's still... A sexual assault is a crime. 234 00:19:27,209 --> 00:19:30,838 That is great ammo for me as a defense attorney, right. 235 00:19:30,963 --> 00:19:34,258 She is never, ever considered a victim. 236 00:19:49,690 --> 00:19:53,694 Rachel: I am the shelter coordinator for the Abbie shelter. 237 00:19:53,777 --> 00:19:56,447 It's for survivors of domestic and sexual violence. 238 00:19:56,572 --> 00:20:01,702 If and when those survivors are ready to leave their homes, 239 00:20:01,827 --> 00:20:07,249 I provide employment, housing, educational resources, child care, things like that. 240 00:20:07,374 --> 00:20:11,670 Myself, having gone from, leaving an abusive relationship 241 00:20:11,795 --> 00:20:14,631 to be able now to be in the position where 242 00:20:14,757 --> 00:20:16,091 I can be that support to someone 243 00:20:16,216 --> 00:20:19,595 who doesn't have anybody else is really, really fulfilling. 244 00:20:19,720 --> 00:20:22,347 And now I might lose my freedom. 245 00:20:26,310 --> 00:20:28,687 And I really don't want to not belong here, 246 00:20:30,063 --> 00:20:31,356 because I love it here. 247 00:20:52,377 --> 00:20:55,714 All right, so before we start the reenactment, 248 00:20:55,839 --> 00:20:57,442 we're gonna do, let's talk just about what our goal is. 249 00:20:57,466 --> 00:21:01,845 I mean, to me, the biggest issue we have here 250 00:21:01,929 --> 00:21:05,849 is to show the jury why this was self-defense 251 00:21:05,933 --> 00:21:11,730 and not a homicide, is proximity of Rachel and glace 252 00:21:12,731 --> 00:21:14,233 when the shooting happens. 253 00:21:14,358 --> 00:21:16,318 Any time you're dealing with self-defense 254 00:21:16,401 --> 00:21:18,862 like we are in this one, proximity is everything. 255 00:21:18,946 --> 00:21:21,824 A threat at 50 yards is way different at two feet. 256 00:21:21,907 --> 00:21:24,701 So we have to figure out where Rachel is positioned 257 00:21:24,785 --> 00:21:25,494 and have her walk it through for us 258 00:21:25,577 --> 00:21:28,163 from beginning to end. 259 00:21:28,247 --> 00:21:29,873 I think the important things to me 260 00:21:29,957 --> 00:21:33,544 and kind of the missing links here are going to be the state's theory 261 00:21:33,710 --> 00:21:37,172 that this was an execution-style murder, 262 00:21:37,256 --> 00:21:39,800 that she assassinated him 263 00:21:39,883 --> 00:21:43,679 and or did some sort of a finishing shot to the back of his head. 264 00:21:43,762 --> 00:21:46,849 Well, you know, that's a question that they have. 265 00:21:46,974 --> 00:21:48,642 So, we're going to have to answer it. 266 00:22:04,241 --> 00:22:07,703 Rachel: I feel quite angry that in this day and age 267 00:22:07,828 --> 00:22:12,583 a sex assault victim has to go re-enact her assault. 268 00:22:16,128 --> 00:22:18,088 The thing about that day 269 00:22:19,673 --> 00:22:23,802 that follows me around all day long 270 00:22:23,886 --> 00:22:28,140 in the lurking, (chuckles) In the dark corners of my brain 271 00:22:29,391 --> 00:22:32,269 is his face after he died. 272 00:22:32,394 --> 00:22:35,230 And that's what I see when I wake up first thing in the morning, 273 00:22:35,397 --> 00:22:38,692 and that's what I see when I close my eyes to go to bed at night. 274 00:22:38,817 --> 00:22:43,739 And having to be out there doing the reenactment... 275 00:22:45,741 --> 00:22:48,493 And I know they're gonna ask me 100 different ways, 276 00:22:48,577 --> 00:22:50,579 "how was he laying, how were you standing? 277 00:22:50,704 --> 00:22:52,915 "What did you see?" 278 00:22:54,875 --> 00:22:56,501 And all I'm gonna see is his face. 279 00:23:07,095 --> 00:23:10,223 Lance: So, everyone, we're here to do a reenactment 280 00:23:10,349 --> 00:23:13,769 of what took place on October 8th. 281 00:23:13,894 --> 00:23:18,106 Everybody's input is welcome. 282 00:23:18,231 --> 00:23:18,815 Would you introduce yourself? 283 00:23:18,899 --> 00:23:21,401 My name is Dr. Sarah Baxter, 284 00:23:21,568 --> 00:23:23,168 I'm a clinical and forensic psychologist. 285 00:23:23,236 --> 00:23:24,547 I've been practicing in Montana for about 30 years. 286 00:23:24,571 --> 00:23:29,201 My name's Austin, I'm here to play Jake in the re-enactment 287 00:23:29,284 --> 00:23:30,845 and do whatever I can to accurately portray 288 00:23:30,869 --> 00:23:34,331 what happened and occurred on that night. 289 00:23:34,414 --> 00:23:37,960 My name is Trish rice, I'm from three forks Montana. 290 00:23:38,085 --> 00:23:40,087 I'm a firearms instructor with Montana tactical. 291 00:23:47,219 --> 00:23:49,346 Lance: Thirty-three feet, nine and a half. 292 00:23:49,513 --> 00:23:49,930 So head over in that direction. 293 00:23:50,055 --> 00:23:52,015 Otis: Okay, got it. 294 00:24:01,858 --> 00:24:04,277 Lance: It's pretty damn close, guys. 295 00:24:08,657 --> 00:24:12,661 What, when you get here, you pull in and park like this, 296 00:24:12,744 --> 00:24:16,623 what is the next thing that you guys do? 297 00:24:16,748 --> 00:24:20,168 Okay, so we got out of the car, 298 00:24:20,252 --> 00:24:23,922 lit some cigarettes, talking, walking around. 299 00:24:24,047 --> 00:24:28,010 I finished my smoke, walked over here, 300 00:24:28,093 --> 00:24:31,638 hit the button, opened the hatch, lowered the bottom one. 301 00:24:31,722 --> 00:24:33,974 And then I sat down, and then I just sat here 302 00:24:34,057 --> 00:24:37,853 while he continued pacing around and talking. 303 00:24:37,978 --> 00:24:40,022 Lance: Okay. 304 00:24:40,147 --> 00:24:42,482 Go ahead and go to the back of the vehicle 305 00:24:42,566 --> 00:24:44,693 like you would have been and I want you to go up there 306 00:24:44,776 --> 00:24:47,029 - and position her as best you can. - Okay. 307 00:24:49,489 --> 00:24:52,534 And then just hop on up. 308 00:24:52,617 --> 00:24:55,746 All right, you're sitting in the back of the vehicle? 309 00:24:55,871 --> 00:24:59,833 So once you sat down, things started happening? 310 00:24:59,916 --> 00:25:04,838 He... I sat down. He started crying. 311 00:25:04,921 --> 00:25:08,842 The kids hate him, um, he misses me so much. 312 00:25:08,967 --> 00:25:12,596 "Why didn't our marriage work?" 313 00:25:12,721 --> 00:25:15,515 And then that's when he came in to try and kiss me the first time. 314 00:25:15,640 --> 00:25:17,851 And I pushed him away and I was like, hey, no, uh-uh. 315 00:25:17,976 --> 00:25:20,020 Tried to laugh it off, lighten the mood, 316 00:25:20,103 --> 00:25:24,733 because that's when the tension just went whoosh, 317 00:25:24,858 --> 00:25:28,070 and he was like, "oh, yeah, sorry, ha-ha." 318 00:25:30,781 --> 00:25:34,868 So he stayed probably about this distance from me, give or take. 319 00:25:36,828 --> 00:25:40,791 And his face changed. 320 00:25:40,916 --> 00:25:43,877 His eyes got like a glassy appearance to them. 321 00:25:43,960 --> 00:25:45,754 And they started getting squinty 322 00:25:45,879 --> 00:25:50,092 and he was making these little, half-creepy smirk things with his face. 323 00:25:50,217 --> 00:25:52,844 At some point, he said, like he was having a conversation 324 00:25:53,011 --> 00:25:56,598 with himself in his head, is what it appeared like 325 00:25:56,723 --> 00:25:57,099 and then he said, "(Bleep) It." 326 00:25:57,224 --> 00:25:59,226 Sorry, hold on... 327 00:26:20,914 --> 00:26:23,142 Okay, Rachel, you talked about the change in look in his face. 328 00:26:23,166 --> 00:26:26,670 From your time with him, did you recognize that? 329 00:26:26,795 --> 00:26:29,381 I had seen that face before when we were married 330 00:26:31,341 --> 00:26:34,010 and he would assault me. 331 00:26:34,094 --> 00:26:37,889 That was the face he made when he had been drinking 332 00:26:38,014 --> 00:26:41,685 and wanted... 333 00:26:48,650 --> 00:26:51,153 That face always ended with me getting hurt in some way. 334 00:27:01,621 --> 00:27:08,170 Lance: What we wanna do, if we can, is see how you escaped. 335 00:27:09,254 --> 00:27:14,426 I froze at first, went down and just froze, 336 00:27:14,551 --> 00:27:18,555 and he started kissing my face, my neck. 337 00:27:18,680 --> 00:27:21,200 I felt him pull my shirt aside and then his face went down into my chest 338 00:27:21,224 --> 00:27:24,519 and then that's when I came alive 339 00:27:24,603 --> 00:27:27,564 and tried to start to get out from underneath him. 340 00:27:27,689 --> 00:27:28,064 Lance: Okay. 341 00:27:28,231 --> 00:27:31,151 And I went that way. 342 00:27:31,234 --> 00:27:34,696 Hey, Seth, I think we should have you on this side, 343 00:27:34,821 --> 00:27:37,699 because we may ultimately want to show the jury 344 00:27:37,824 --> 00:27:39,868 what happened on this side of the vehicle. 345 00:27:39,951 --> 00:27:43,038 So this is gonna be the best opportunity to see this portion of it. 346 00:27:43,121 --> 00:27:45,415 Okay, so, we're picking up here... 347 00:27:47,584 --> 00:27:49,753 He goes after her 348 00:27:49,878 --> 00:27:52,380 and that's likely where the pants button... 349 00:27:52,505 --> 00:27:54,758 Lance: Yeah, the pants were ripped then. 350 00:27:54,883 --> 00:27:57,510 Rob: Did you have any sense of the speed that he was coming at you? 351 00:27:57,594 --> 00:27:59,596 Other than when he grabbed my pants, 352 00:27:59,721 --> 00:28:02,015 when I was going, I mean, 'cause I was about here-ish... 353 00:28:02,098 --> 00:28:06,770 Rob: Was it a glancing... Was it that or was it a solid... 354 00:28:06,895 --> 00:28:07,687 It was a hard yank. 355 00:28:07,771 --> 00:28:09,165 And that was because it was so hard. 356 00:28:09,189 --> 00:28:14,027 That's why I kind of like went in face first into the car 357 00:28:14,110 --> 00:28:15,987 because I was like, oh, pants! 358 00:28:16,071 --> 00:28:18,531 Lance: Lemme... So, on the pants, do you think 359 00:28:18,615 --> 00:28:20,909 that the pull caused the pants, 360 00:28:21,034 --> 00:28:24,621 or do you think that the pants were ripped from what he was doing in the back? 361 00:28:24,746 --> 00:28:29,501 My button was undone and the zipper was maybe somewhat down in the car 362 00:28:29,584 --> 00:28:34,547 and when he grabbed, I hear in my head like the loudest sound in the world, 363 00:28:34,673 --> 00:28:37,092 even today, the sound of the metal of my zipper ripping. 364 00:28:37,217 --> 00:28:40,178 If he's pursuing you, you think he's right on your neck, 365 00:28:40,262 --> 00:28:45,684 if he doesn't lose that grip he's going to smack you into the front. 366 00:28:45,809 --> 00:28:50,105 That was the scariest moment of the whole event 367 00:28:50,230 --> 00:28:52,899 to me, because I got away. 368 00:28:53,024 --> 00:28:57,696 He got me again. I didn't, I was like, I'm going to die. 369 00:28:57,779 --> 00:29:01,574 This is it, like, I had never felt that level of fear in my life 370 00:29:01,700 --> 00:29:02,534 and I have been through some (bleep), 371 00:29:02,659 --> 00:29:05,829 and that was the scariest moment in my life. 372 00:29:08,331 --> 00:29:09,374 (Sniffles) 373 00:29:20,552 --> 00:29:21,970 Rachel: I fell in like this, 374 00:29:24,014 --> 00:29:25,557 grabbed the gun. 375 00:29:26,725 --> 00:29:28,518 Lance: Did you have to cock the gun? 376 00:29:30,312 --> 00:29:31,813 - I don't remember. - Okay. 377 00:29:31,938 --> 00:29:34,065 - Then we're gonna grab the gun... - Grabbed the gun. 378 00:29:38,194 --> 00:29:41,197 - Lance: Austin, need you. - So... 379 00:29:41,281 --> 00:29:43,384 Rob: Do you remember anything about his posture, his body position? 380 00:29:43,408 --> 00:29:46,369 When I turned around he was making a forward motion towards me. 381 00:29:46,494 --> 00:29:50,999 - Okay. - He stopped when he saw I had the gun. 382 00:29:51,082 --> 00:29:55,920 Rachel do you remember him at some point, rotating at all? 383 00:29:56,046 --> 00:29:57,672 Or going this way? 384 00:29:57,797 --> 00:30:00,925 He was facing directly in front of me when I fired the first shot 385 00:30:01,051 --> 00:30:04,679 and I have no... I closed my eyes until he was in the dirt. 386 00:30:04,846 --> 00:30:07,599 I do not know what his body did after I fired. 387 00:30:09,559 --> 00:30:12,520 Lance: We know it was this close. 388 00:30:12,645 --> 00:30:14,397 Jamie: He was right there? 389 00:30:14,522 --> 00:30:20,695 The... so her arm extended, that shot to the shoulder is within two feet. 390 00:30:20,820 --> 00:30:21,821 Oh right, okay. 391 00:30:21,946 --> 00:30:24,199 Basically, I'm almost looking at you 392 00:30:24,324 --> 00:30:25,658 - the way it would be. - Okay. 393 00:30:25,742 --> 00:30:30,288 So then shot here, here and then here. 394 00:30:30,413 --> 00:30:35,543 And then at some point, the last bullet hits, 395 00:30:35,627 --> 00:30:37,379 so his body would have spun, 396 00:30:37,545 --> 00:30:40,757 and that's how the bullet got in the back of his head. 397 00:30:53,019 --> 00:30:54,687 Lance: So I'm gonna go meet with Jasmine, 398 00:30:54,813 --> 00:30:57,023 a former significant other of glace. 399 00:31:12,122 --> 00:31:15,041 The fact that glace had been charged with a felony, 400 00:31:15,166 --> 00:31:19,295 partner or family member assault from her. 401 00:31:19,379 --> 00:31:22,674 My hope is that'll help in corroborating 402 00:31:22,799 --> 00:31:26,177 that Rachel was going to be raped 403 00:31:26,261 --> 00:31:28,763 but it will be documented by someone other than her, 404 00:31:28,888 --> 00:31:30,432 that experienced the same thing. 405 00:31:41,484 --> 00:31:43,695 Oh, well, thanks for having us, Jasmine. 406 00:31:43,820 --> 00:31:47,198 I know that this is not a pleasurable thing to be involved in, 407 00:31:53,163 --> 00:31:57,250 It was in march of 2020 that he assaulted you? 408 00:31:57,417 --> 00:31:59,002 Jasmine: March 20th, 2020. 409 00:31:59,085 --> 00:32:01,796 I got a restraining order. 410 00:32:01,921 --> 00:32:05,341 My kids and I moved within a two-week period 411 00:32:05,425 --> 00:32:07,552 and we've essentially been in hiding. 412 00:32:07,677 --> 00:32:14,267 Lance: Prior to the time you got your restraining order, did you ever have concerns? 413 00:32:14,392 --> 00:32:15,392 A lot. 414 00:32:15,435 --> 00:32:16,936 Lance: Rachel kind of described this 415 00:32:17,061 --> 00:32:18,897 and I just wanted to see if it was similar, 416 00:32:19,063 --> 00:32:23,443 like, you could tell, like, a look that he would get? 417 00:32:23,568 --> 00:32:25,612 - Mmm-hmm. - A smirk or anything? 418 00:32:25,737 --> 00:32:28,531 Before physical violence or sexual violence, 419 00:32:28,615 --> 00:32:33,953 there would be, like, a malicious grin. 420 00:32:34,078 --> 00:32:37,040 I can definitely say he got pleasure in violence. 421 00:32:45,006 --> 00:32:49,802 Lance: We're going to turn this over to the state. 422 00:32:49,928 --> 00:32:55,058 What would you want them to know about him and what he's done to you 423 00:32:55,183 --> 00:32:57,519 and what he would have done to Rachel? 424 00:32:59,229 --> 00:33:01,540 Well, there's a instance of me being abused in front of my kids. 425 00:33:01,564 --> 00:33:04,359 I've had a .45 held to my head 426 00:33:04,442 --> 00:33:11,741 and the trigger pulled a couple of times in front of my kids. 427 00:33:11,866 --> 00:33:15,203 And if I told him he was hurting me. He got more excited. 428 00:33:15,995 --> 00:33:17,372 (Sniffles) 429 00:33:17,455 --> 00:33:19,249 If I cried, he got more excited. 430 00:33:21,084 --> 00:33:24,045 Do you think Rachel had reason to believe 431 00:33:24,170 --> 00:33:27,674 - her life was in danger? - I absolutely do. 432 00:33:29,259 --> 00:33:33,012 Based on my own experiences, I absolutely do. 433 00:33:33,137 --> 00:33:34,889 Lance: Thanks for your time, Jasmine. 434 00:33:35,014 --> 00:33:38,810 I appreciate you getting involved because Rachel's life is at stake. 435 00:33:47,068 --> 00:33:49,737 Well, that's something you don't see every day. 436 00:33:49,862 --> 00:33:51,531 I'm looking at two filings from the court 437 00:33:51,656 --> 00:33:55,201 that indicate to me that the county attorney 438 00:33:55,326 --> 00:33:58,705 has requested the Attorney General's special prosecution division 439 00:33:58,830 --> 00:34:00,039 assist her in this case. 440 00:34:00,123 --> 00:34:03,793 It just signals to me they're taking the case serious. 441 00:34:03,918 --> 00:34:08,840 They've also hired a private law firm from missoula 442 00:34:08,965 --> 00:34:12,802 so the deck's stacked against us at this point 443 00:34:12,885 --> 00:34:15,054 but we'll see where it ends up. 444 00:34:15,179 --> 00:34:19,475 On one hand, these, the ag, county and private law firm 445 00:34:19,601 --> 00:34:21,853 have unlimited resources, 446 00:34:22,020 --> 00:34:23,980 which is a negative for us. 447 00:34:24,063 --> 00:34:29,902 Conversely, you have open minds that will listen to reason. 448 00:34:30,069 --> 00:34:33,906 If this case is baseless, these two attorneys won't take it forward. 449 00:34:41,914 --> 00:34:44,083 Rachel: Being active and baking, 450 00:34:44,208 --> 00:34:46,294 one of the things that I love to do, 451 00:34:46,377 --> 00:34:49,756 it gets my mind out of the space 452 00:34:49,881 --> 00:34:54,052 of thinking about the trial coming up, 453 00:34:54,218 --> 00:34:57,347 like I'll just be sitting at the table, having a cup of coffee in the morning 454 00:34:57,513 --> 00:35:01,059 and all of a sudden 455 00:35:01,893 --> 00:35:05,563 I'll have a thought about the court case, 456 00:35:05,688 --> 00:35:11,361 and then my next automatic thought is 457 00:35:11,486 --> 00:35:14,197 am I gonna be home in August or am I gonna be in prison? 458 00:35:33,007 --> 00:35:34,068 Lance: We're on our way to polson, 459 00:35:34,092 --> 00:35:38,179 which is the halfway point for meeting Rachel. 460 00:35:38,262 --> 00:35:40,824 The reason we're doing that is there's been a bunch of developments 461 00:35:40,848 --> 00:35:44,769 in her case. She needs to make some decisions. 462 00:35:44,894 --> 00:35:48,356 And it's one of those things that you need to do in person. 463 00:35:49,315 --> 00:35:50,315 It's a big moment. 464 00:35:56,739 --> 00:35:58,991 - Hi, guys. - Rachel: Hello! 465 00:36:00,993 --> 00:36:04,247 So this is what they have filed. 466 00:36:08,835 --> 00:36:11,087 Okay, I need to breathe first. 467 00:36:17,009 --> 00:36:18,720 So what it is, it's a motion to dismiss. 468 00:36:18,886 --> 00:36:26,018 In 20-plus years of doing this, I think I've only sat with maybe one other person 469 00:36:26,102 --> 00:36:29,731 that's gotten a motion to dismiss on a homicide case. 470 00:36:31,482 --> 00:36:33,443 But it's without prejudice. 471 00:36:33,568 --> 00:36:34,808 So without prejudice, that's... 472 00:36:34,902 --> 00:36:36,839 Corey: They can come back at some point in time in the future, 473 00:36:36,863 --> 00:36:39,073 if something arises. 474 00:36:46,706 --> 00:36:48,666 Normally, I'd say, gosh, you know, 475 00:36:48,791 --> 00:36:50,710 it's... we'd be having a giant party, 476 00:36:50,793 --> 00:36:55,548 to be honest. But if you read that, it doesn't exonerate you. 477 00:36:55,673 --> 00:37:01,137 It doesn't do anything to say what you did was justified 478 00:37:01,262 --> 00:37:05,141 and that last paragraph really bugs me. 479 00:37:05,224 --> 00:37:08,102 Rachel: "To make a determination at a later date whether to apply 480 00:37:08,227 --> 00:37:11,147 "for leave to re-file upon reexamination." 481 00:37:11,272 --> 00:37:14,734 Right, it essentially is a whitewashing of what took place here 482 00:37:14,901 --> 00:37:19,447 and still leaves a cloud over you. 483 00:37:19,572 --> 00:37:23,910 And so what do we do? There's a couple of different options. 484 00:37:24,035 --> 00:37:27,622 There may be the opportunity for us 485 00:37:27,747 --> 00:37:30,792 to have a hearing with the judge 486 00:37:30,917 --> 00:37:35,630 to say we object to it being without prejudice 487 00:37:35,713 --> 00:37:38,132 and we want it with prejudice. 488 00:37:44,722 --> 00:37:48,559 And so that's what you guys are going to have to ponder the next couple of days, 489 00:37:48,684 --> 00:37:51,395 how you want to proceed on it. 490 00:38:18,381 --> 00:38:22,009 Rachel: I have a hot lead ball in my stomach, is how I feel. 491 00:38:22,134 --> 00:38:25,137 Everyone thinking about me, talking about me 492 00:38:25,263 --> 00:38:27,063 and it just gives me all kinds of anxiousness. 493 00:38:34,397 --> 00:38:35,397 Thank you. 494 00:38:37,733 --> 00:38:39,193 Ready to go. 495 00:38:40,695 --> 00:38:41,695 Ready to go. 496 00:39:01,924 --> 00:39:05,011 Good afternoon, everyone. Please be seated. 497 00:39:08,014 --> 00:39:10,683 All right, thank you, everyone. 498 00:39:10,850 --> 00:39:16,480 We're here after the state filed a motion to dismiss this matter without prejudice. 499 00:39:16,606 --> 00:39:22,320 The state represented that it was still expecting unspecified forensic tests. 500 00:39:22,445 --> 00:39:27,533 The defense filed a qualified opposition requesting the matter be dismissed with prejudice. 501 00:39:27,658 --> 00:39:31,787 The court set the matter for oral argument here today. 502 00:39:31,913 --> 00:39:34,665 So with that, Mr. McConnell. 503 00:39:34,790 --> 00:39:36,070 McConnell: Thank you, your honor. 504 00:39:37,251 --> 00:39:39,128 Both parties agree in this case, your honor, 505 00:39:39,211 --> 00:39:41,255 that the case should be dismissed. 506 00:39:41,380 --> 00:39:43,966 The only question is the characterization, 507 00:39:44,050 --> 00:39:46,552 whether it's with prejudice or without prejudice. 508 00:39:46,677 --> 00:39:50,181 The state believes a dismissal without prejudice 509 00:39:50,348 --> 00:39:53,351 is in line with the Montana statute, Montana precedent 510 00:39:53,434 --> 00:39:55,853 and relevant jurisprudence in this area. 511 00:39:55,937 --> 00:40:00,399 The bottom line is there's no statute of limitations for homicide charges. 512 00:40:02,318 --> 00:40:06,280 All right. Thank you. Counsel. 513 00:40:06,405 --> 00:40:09,617 I would respectfully argue that the state's position 514 00:40:09,742 --> 00:40:14,288 that the statute of limitations is indefinite is actually a reason 515 00:40:14,413 --> 00:40:16,433 that this case should now be dismissed with prejudice, 516 00:40:16,457 --> 00:40:19,043 because the state could come back, 517 00:40:19,168 --> 00:40:21,921 some over-anxious prosecutor 20 years from now 518 00:40:22,046 --> 00:40:26,258 could decide to pick up this file and prosecute Rachel belleson. 519 00:40:28,302 --> 00:40:29,720 We cannot have that happen. 520 00:40:29,845 --> 00:40:33,182 She won't have her pro bono lawyers like Mr. Jasper and I 521 00:40:33,307 --> 00:40:35,559 available to defend her. 522 00:40:35,685 --> 00:40:38,145 She will be sitting there, essentially undefended. 523 00:40:39,605 --> 00:40:41,691 Thank you, counsel. Mr. Jasper. 524 00:40:41,816 --> 00:40:44,819 - Afternoon, your honor. - Judge: Good afternoon. 525 00:40:45,945 --> 00:40:49,407 One of the things that trial does, 526 00:40:49,532 --> 00:40:52,118 is it puts the facts out there, 527 00:40:52,243 --> 00:40:53,911 by filing its motion to dismiss, 528 00:40:54,036 --> 00:40:57,873 the state tried to make sure that nobody 529 00:40:57,957 --> 00:41:02,294 knew a damn thing about this case, 530 00:41:02,420 --> 00:41:06,298 as it puts everything on Rachel belleson, 531 00:41:06,382 --> 00:41:08,843 the one person who acted within the law. 532 00:41:10,803 --> 00:41:12,054 Thank you, Mr. Jasper. 533 00:41:22,898 --> 00:41:24,358 Based on my review of the file, 534 00:41:24,525 --> 00:41:27,028 the testimony such that it was 535 00:41:27,153 --> 00:41:29,030 and argument presented today, 536 00:41:29,196 --> 00:41:31,866 the court must consider the constitutional rights of the defendant 537 00:41:31,991 --> 00:41:33,868 and the interests of society. 538 00:41:33,993 --> 00:41:40,666 The court also finds that there is no substantive, outstanding evidence. 539 00:41:43,377 --> 00:41:46,088 So with that, this matter is dismissed 540 00:41:49,216 --> 00:41:50,217 with prejudice. 541 00:41:57,183 --> 00:41:58,225 Thank you, everyone. 542 00:42:14,241 --> 00:42:16,035 Lance: It's what we've been waiting for, 543 00:42:16,202 --> 00:42:18,537 I don't know, I can't even describe it, 544 00:42:18,662 --> 00:42:20,182 it's the best feeling ever, especially just knowing 545 00:42:20,206 --> 00:42:22,291 what it means to Rachel. 546 00:42:26,003 --> 00:42:29,090 Rachel: This verdict means 547 00:42:29,215 --> 00:42:33,010 that someone in a position of power heard me and believed me 548 00:42:33,135 --> 00:42:38,682 and I... that's not something that I have experienced much in my life. 549 00:42:41,060 --> 00:42:46,565 So it's just tremendously wonderful.