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(phone ringing)
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(operator speaking)
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(kandy speaking)
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Operator:
Where is he shot at, ma'am?
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(dramatic music playing)
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(kandy speaking)
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If a man's coming at you,
saying he's going to kill you
over and over again,
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What choice do you have?
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What choice do you have
when you fire a gun
and he just keeps coming?
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Melanie: The prosecution says
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That kandy planned to kill mark,
that it was premeditated.
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Prosecutor: You shot
and you shot and you shot
and you shot.
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You weren't scared.
You were angry at him.
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Kandy: I did it,
but it was my life or his.
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Female reporter:
Kentucky state police says
51 year old mark bennett
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Was shot and killed
on clinton court.
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40-year-old kandy bennett
was charged with his murder.
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Neighbors say they didn't know
the husband and wife very well,
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But this
was unexpected.
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My name is melanie lowe,
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I'm a criminal defense attorney
and I represent kandy bennett.
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Kandy is charged with murder,
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Over the shooting
of her husband,
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In an incident
of domestic violence
that occurred in the garage.
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If she's convicted,
she faces up to life in prison.
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Kandy was a single mother of two
when she met mark bennett.
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They married and were together
for five years.
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There had been domestic violence
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In kandy and mark's
relationship for years.
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About a month
before the actual shooting,
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Mark began to more
frequently beat kandy,
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To strangle her,
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And to control
everything she did.
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Kandy suspected that mark
was having an affair.
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On the day of the shooting,
she decided to look at his car
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To try to piece together exactly
what he'd been doing
with his time.
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She found a gun in his car.
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He came home
while she was in his vehicle
and was extremely irate.
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The last thing he said
to her is, "I'm going
to (bleep) kill you."
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And kandy believed that
he was capable of it.
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Kandy said, "leave me alone,
don't come near me."
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But he kept on coming toward her
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And that's when she shot him
multiple times.
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(gunshot)
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Melanie: The prosecution says
that kandy planned to kill mark,
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That it was premeditated,
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But kandy's the victim
in this case.
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I know that she was right
under the law,
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And morally, to do what she did.
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We do feel like her chances
are very good, given the facts,
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And I don't know
of another case of...
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That's this strong
on self-defense.
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She just knew that
it was either him or her.
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Kandy: The last five years
have been tough.
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They took everything from me
when they arrested me,
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Um, the shoes off my feet,
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Undergarments, everything.
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I was picked up
and thrown in jail,
naked, basically.
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My kids, they were having
real life issues
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And I'm stuck,
you know, behind bars
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Touching my son's hand through
the glass, you know,
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Um, watching tears fall
from his eyes
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And not being
able to comfort him,
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Was the hardest thing ever.
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I just wanted to hug him
and I couldn't.
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Living through this
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And trying not to let it
really bother me,
has been tough.
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I've heard,
"you're a cold-blooded killer."
"you're a murderer."
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Which is not true.
I'm not a murderer, you know.
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The man was trying to kill me
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And I did everything in my power
to save myself.
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So kandy, tell me that morning,
how were things at home?
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He was, uh, being very abusive,
earlier that morning.
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We're fighting and arguing.
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He grabbed me
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And started choking me
and there was a lot
of struggle going on.
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So I went on in the garage.
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I wanted to look in his car
and see if I could figure out
what was going on,
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Why he was acting so weird,
what, you know,
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Where he was disappearing to.
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Sometimes he would
write numbers
in his planner, um...
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And I thought...
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Did you find anything else
in the car
other than the planner?
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Um...Under the seat,
there was a gun.
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And then he caught me,
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And um...He was as upset
as I've ever seen him.
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At some point,
he grabs a shovel
and starts like charging at me,
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And it's like,
he's going to jab it
in my throat.
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Then he said,
"I'm going to get my gun,"
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'cos I knew he had shotguns
and stuff in the house.
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And said,
"I'm going to kill you."
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-Does he see you have the gun?
-Yes.
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Did he react to that at all?
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Well, I shot it once,
he said, "you (bleep) bitch,
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"I can't believe you
shot my gun,
I'm going to (bleep) kill you".
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-Okay.
-It wasn't toward him,
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It was just, towards the stairs.
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And he came around
and lunged towards me,
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Like he was going
to take the gun from me.
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And then,
I unloaded the gun on him.
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Okay. (exhales) that's a lot.
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Yeah.
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I know it's really hard
to go through that story.
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I know that's probably
the most traumatic thing
you've ever been through, um...
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And we'll work on...
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Um, making sure
that you're comfortable with it
in front of the jury,
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But I think this is exactly
what they're gonna
need to hear about.
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It's really important
in a self-defense case
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For a jury to hear from kandy.
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To hear what her life was like,
and how it led
to that...Incident,
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What led up to that,
the amount of domestic violence
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And coercive control
that she had to experience,
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That got her to a place,
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Where she had no choice
but to do
the action that she did,
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To fire that gun.
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(solemn music playing)
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He was very like charming
and very like,
"sweep you off your feet."
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But at the same time,
he was very,
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I've never gotten
so much attention from somebody.
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He portrayed himself as like
a really good family guy.
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Nobody else had really
shown interest in my kids.
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Two weeks into the relationship,
he wanted me
to move in with him.
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So we moved in
and, uh, everything was perfect.
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It was like prince charming,
or something.
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And then, um,
as soon as we got married,
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His demeanor started to change,
like, almost overnight.
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He had been having an affair,
and then,
when I found out about it,
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That's when he started
becoming physically violent.
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He grabbed me,
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Uh, up, several times
in front of my children.
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He would slam my head
on the concrete,
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Hit me with golf clubs,
beat me with coat hangers.
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I mean, there wasn't anything
that man wouldn't do to me.
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(sobbing)
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Nobody knew him.
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Nobody.
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Nobody saw that side
of mark bennett.
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Nobody saw the jekyll and hyde.
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Melanie: Kandy is charged
with murder over the shooting
of her husband,
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But we believe
it was self-defense.
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We are meeting with jake green,
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Who is our forensic
electronic specialist.
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I think jake is really key
to kandy's case
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Because the jury
may not understand
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The extent
to which an individual
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Can monitor another individual
through electronic means.
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-How are you this morning?
-Jake: Good.
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All right. (exhales)
so, um, aaron is primarily
gonna be
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Doing your testimony at trial.
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I probably want to know
a little more from you,
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How much you think
you could testify
about surveillance,
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In terms of what mark
might have been doing.
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Yep. Got it.
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Mark was using something
called google takeouts.
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What is that?
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So google takeout
is a way of archiving
the user's account.
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You're getting everything
from messages,
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To location history,
internet history.
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I mean, it's what we use
if we want to see
where someone was.
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There are so few people
that know about, where...
How to do google takeouts.
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That's something that requires
a much higher level
of computer understanding
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Than a novice
or an average person.
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So when we saw that,
it's like, that's a red flag.
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It's not taking someone's phone
and looking at their phone,
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It's using their account
from a remote location
like another...Like a laptop,
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And being able to look
at where she had been, right?
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Yeah.
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00:12:07,786 --> 00:12:09,469
If somebody knew every place
you'd been,
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That would seem extremely scary.
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-Oh, that is so creepy.
-I agree.
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We were looking for,
uh, the proof of the abuse,
which jake was able to find.
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Also, mark was accessing
her google account.
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He could tell where she'd been,
who she had talked to,
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What she had said
in those conversations.
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So that was all part
of the coercive control,
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That she was subjected to
as part of the abuse.
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He was very computer savvy,
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And he knew exactly what to do
and how to do it,
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To spy on me.
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00:13:29,050 --> 00:13:33,144
Mark had cameras in the house
in a few different locations.
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00:13:33,296 --> 00:13:35,396
He was always watching
what I was doing.
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You know,
if I'd walk across the room,
the camera would follow me.
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I was just
under surveillance 24-7,
and it made me feel crazy.
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Nobody wants
to be controlled, and...
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Manipulated.
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So, jim,
my private investigator,
is coming in today,
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And we're going to sit down
and look at kandy's interview
with the police,
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To understand
how they reached
to the conclusion
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That they reached,
in their investigation.
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00:14:22,270 --> 00:14:24,420
Hey, how are you?
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00:14:24,513 --> 00:14:26,114
Busy, as always. (exhales)
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00:14:33,098 --> 00:14:36,616
So, um, I want
to look at the video
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00:14:36,768 --> 00:14:38,376
To see what jumps out
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00:15:09,743 --> 00:15:11,892
He doesn't seem
to be taking too many notes.
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So the very least,
you know,
you'd want to note something,
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'cause you
wanna come back to it.
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She said, "he's threatened
to kill my kids."
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00:15:45,111 --> 00:15:47,503
Tell me about the incidents,
what happened
around those things,
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00:15:47,522 --> 00:15:49,781
-Where, he said those things--
-when did he say that?
Do you remember dates?
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00:15:49,932 --> 00:15:51,507
Especially now,
you're talking about,
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00:15:51,600 --> 00:15:53,117
It's not between
just the two of them now,
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00:15:53,269 --> 00:15:54,869
-Now he's bringing her kids
into it.
-Melanie: Mmm-hmm.
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00:16:19,479 --> 00:16:23,815
So, she turned off these cameras
in the house, right?
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00:16:23,966 --> 00:16:25,891
Yeah, yeah.
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00:16:26,044 --> 00:16:27,819
Melanie: I 'm afraid it looks
suspicious.
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00:16:30,323 --> 00:16:34,141
Jim: It's troubling.
I can't deny it.
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00:16:34,160 --> 00:16:36,661
Melanie:
The prosecution is going
to hammer this at trial.
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00:16:38,906 --> 00:16:41,224
Kandy told the police
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00:16:41,242 --> 00:16:45,420
That she had turned off
the surveillance camera
that was in the garage.
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00:16:47,899 --> 00:16:52,677
The prosecution is going
to claim that that indicates
a plan to kill mark
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00:16:52,828 --> 00:16:55,179
Because it shows
some sort of premeditation
or plan.
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00:16:56,924 --> 00:16:58,933
This could be hugely damaging
to the case.
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00:17:00,669 --> 00:17:03,504
If the jury believes
the prosecution,
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00:17:03,523 --> 00:17:05,690
Kandy could spend
the rest of her life in prison.
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00:17:12,423 --> 00:17:14,348
Melanie: So now that
we've found out
216
00:17:14,442 --> 00:17:18,277
That kandy did in fact turn off
the surveillance camera
in the garage,
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00:17:18,429 --> 00:17:22,356
The prosecution is gonna claim
that she planned to kill mark.
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00:17:22,450 --> 00:17:25,543
It's made our job
to prove that kandy acted
in self-defense,
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00:17:25,694 --> 00:17:26,544
Even more difficult.
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00:17:40,894 --> 00:17:43,953
Melanie:
Paul is an important witness
in this case
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00:17:43,971 --> 00:17:48,140
Because he is the only witness
other than our client
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00:17:48,293 --> 00:17:49,567
To what happened in the garage.
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00:17:56,317 --> 00:17:57,700
(phone ringing)
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00:18:43,030 --> 00:18:46,457
Did you ever see
any of the conflict
between kandy and mark?
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00:18:46,684 --> 00:18:48,684
No, I've never seen it
personally.
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00:18:48,703 --> 00:18:51,778
She called me and tell me
he'd been hitting her,
you know, just different things.
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00:18:51,873 --> 00:18:55,358
Melanie: So you were left
not really knowing for sure.
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00:18:55,376 --> 00:18:58,043
Paul: Well, I mean,
with the bruises and stuff,
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00:18:58,196 --> 00:18:59,929
-What I knew, she wouldn't have
put it on herself.
-Melanie: Right.
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00:19:13,044 --> 00:19:15,211
Melanie: What do you remember
her telling you?
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00:19:15,304 --> 00:19:16,729
Well, she said he had choked her
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00:19:16,823 --> 00:19:19,306
And, you know, that's probably
why she was talking
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00:19:19,325 --> 00:19:22,160
The way she was talking rough.
You know?
234
00:19:22,387 --> 00:19:24,403
At that point, I was like,
"you know what?
235
00:19:24,497 --> 00:19:26,330
Why don't we just take you
to a motel room?"
236
00:19:26,557 --> 00:19:27,748
And that's what I wish
I would have done.
237
00:19:29,169 --> 00:19:30,334
I wish to god
I'd have took her somewhere.
238
00:19:34,490 --> 00:19:35,923
It's hard for you, I know.
239
00:19:38,252 --> 00:19:41,754
Melanie: So you took her home,
to her house?
240
00:19:41,848 --> 00:19:43,739
Kara: How did she seem
when you dropped her off?
241
00:19:43,832 --> 00:19:45,933
Just scared, nervous,
you know.
242
00:19:47,261 --> 00:19:48,835
She got out.
243
00:19:48,855 --> 00:19:50,188
I mean, you know, I was like,
"you're gonna be okay?"
244
00:19:50,339 --> 00:19:51,022
And she said, "yeah."
245
00:19:56,754 --> 00:19:57,844
Melanie: She went on
into the house
246
00:19:57,864 --> 00:19:59,588
-And you guys headed home.
-Paul: I'm sorry.
247
00:19:59,607 --> 00:20:00,865
Melanie: No, you're fine.
You want to take a break?
248
00:20:06,614 --> 00:20:10,783
Melanie: Paul is definitely
an asset for kandy's case.
249
00:20:10,935 --> 00:20:12,785
-Appreciate you coming over.
Really do.
-Paul: Yeah, thanks a lot.
250
00:20:12,937 --> 00:20:16,547
-Paul: Nice meeting you.
-Melanie: Yes. Trial is a stress
on everybody, no doubt.
251
00:20:16,699 --> 00:20:19,625
He's a witness to the fact
that her voice was damaged,
252
00:20:19,719 --> 00:20:23,128
That she had clearly been
strangled in the time period
253
00:20:23,281 --> 00:20:26,682
Leading up
to when he had contact with her
the day of the shooting.
254
00:20:28,877 --> 00:20:31,479
I think the jury will put
a lot of credence
in what he says.
255
00:20:41,983 --> 00:20:44,075
-Oh, it looks so good.
-Kandy: Yeah.
256
00:20:44,226 --> 00:20:45,076
Yeah. Pepperoni.
257
00:20:54,996 --> 00:20:57,830
They've seen a lot
and they've been through a lot.
258
00:20:57,982 --> 00:21:00,666
And despite everything
they've been through,
259
00:21:00,760 --> 00:21:02,985
They have turned out
really good. (chuckles)
260
00:21:03,078 --> 00:21:06,413
But you never said anything.
261
00:21:06,507 --> 00:21:08,599
Yeah. Well, he's looking
at his phone now
he's like, "I swear I did."
262
00:21:16,517 --> 00:21:18,776
Whitney: Sometimes it's hard
to talk about mark.
263
00:21:19,003 --> 00:21:22,429
Just like thinking about
the things that you know he did
or just how he was.
264
00:21:22,523 --> 00:21:25,432
When I found out that he died,
the very first thing I said was,
265
00:21:25,526 --> 00:21:27,843
"we'll never get to prove to him
that I'm not worthless
266
00:21:27,936 --> 00:21:29,936
And that I'm gonna make
something of myself."
267
00:21:29,956 --> 00:21:32,290
Because every day he would just
basically put me down
268
00:21:32,517 --> 00:21:33,541
And tell me
I wasn't gonna be anything.
269
00:21:37,355 --> 00:21:40,539
It really makes me angry inside
because a lot of people
really looked at mark like
270
00:21:40,633 --> 00:21:43,592
He was this really amazing guy
and he wasn't.
271
00:21:45,305 --> 00:21:47,805
I don't know, it was like,
kind of like what...
272
00:21:48,032 --> 00:21:49,698
What did they say?
Like the wolf
in sheep's clothing,
273
00:21:49,717 --> 00:21:52,893
Because he would come off
with a smile
and then just be so evil.
274
00:22:02,638 --> 00:22:04,880
It's not easy to leave an abuser
275
00:22:04,973 --> 00:22:06,907
Because they have
so much control.
276
00:22:09,720 --> 00:22:12,237
There's so many reasons
you stay.
277
00:22:12,390 --> 00:22:14,147
You want things to work out.
278
00:22:14,167 --> 00:22:15,982
You know, he promised
to go to counseling.
279
00:22:16,002 --> 00:22:18,894
He promised to go
to anger management.
280
00:22:18,987 --> 00:22:21,839
He promised a lot of things.
281
00:22:23,509 --> 00:22:25,492
I tried to leave,
282
00:22:25,586 --> 00:22:28,662
But he said
so many horrible things
283
00:22:28,756 --> 00:22:30,848
That he would do to me...
284
00:22:32,000 --> 00:22:33,351
I was scared.
285
00:22:51,537 --> 00:22:55,856
Okay, so let's talk
about mark's ex-wife.
286
00:22:55,950 --> 00:22:57,766
Jim: Her statement is powerful.
287
00:22:57,785 --> 00:23:00,169
-I think the jury will...
Will be eye-opening.
-Melanie: Yeah.
288
00:23:08,462 --> 00:23:11,614
What I found important
with her statement
that she gave was,
289
00:23:11,632 --> 00:23:14,967
-How much it was like this stuff
that kandy had told us.
-Melanie: It's parallel.
290
00:23:15,061 --> 00:23:18,044
It's exact same to the point
where he says,
291
00:23:18,139 --> 00:23:20,731
"it takes everything I can
not to kill you right now."
292
00:23:20,958 --> 00:23:22,233
-Melanie: With my bare hands.
-With my bare hands. Yeah.
293
00:23:28,390 --> 00:23:32,743
Remind me again,
the last time you went
to try to interview her,
294
00:23:32,970 --> 00:23:35,395
What specifically she said,
if you can remember exactly
295
00:23:35,489 --> 00:23:39,065
Yeah, I mean, she opens the door
and tell her who I am, and um...
296
00:23:39,085 --> 00:23:40,826
She says,
"we're not talking to you."
297
00:23:40,978 --> 00:23:42,920
To which I say,
"well, I'm not trying
to make you say anything.
298
00:23:43,147 --> 00:23:45,497
"I just want
to hear your story."
299
00:23:45,591 --> 00:23:50,094
And she said, "we are done."
and she shut the door.
300
00:23:50,321 --> 00:23:54,932
Melanie: It is absolutely
essential that mark's ex-wife
agree to testify.
301
00:23:55,159 --> 00:23:58,494
She was so terrified of him,
she ended up
pointing a gun at him,
302
00:23:58,587 --> 00:24:02,756
Which backs up our claim
that kandy
acted in self-defense.
303
00:24:02,775 --> 00:24:06,110
Her testimony could be
the difference between winning
or losing this case.
304
00:24:16,013 --> 00:24:19,606
We're heading to see
mark bennett's ex-wife.
305
00:24:19,700 --> 00:24:23,702
The wife has turned us down
once already in person,
306
00:24:23,796 --> 00:24:26,630
So we'll see if time
has helped us any on that.
307
00:24:34,307 --> 00:24:36,640
I'm hoping it's not a problem,
308
00:24:36,867 --> 00:24:40,202
But it's a cat and mouse game
sometimes,
309
00:24:40,295 --> 00:24:43,388
And I understand
why people don't want
to get involved in these things.
310
00:24:43,541 --> 00:24:44,648
It's a horrible thing
that happened to her.
311
00:24:48,379 --> 00:24:50,821
Getting her to tell her story
is important.
312
00:24:55,495 --> 00:24:56,827
So we've arrived at the house.
313
00:24:58,405 --> 00:24:59,121
Hopefully, somebody's home.
314
00:25:04,504 --> 00:25:05,961
(car door slams)
315
00:25:24,248 --> 00:25:26,506
Jim: Well, it took a while,
but she's there.
316
00:25:26,526 --> 00:25:27,316
She's our witness.
317
00:25:28,919 --> 00:25:32,588
Her testimony
is potentially a huge deal.
318
00:25:32,606 --> 00:25:36,592
Those same horrible things
happened to kandy as well
for years.
319
00:25:36,610 --> 00:25:37,993
Gonna be an interesting day
when she testifies.
320
00:25:46,194 --> 00:25:49,104
-Anna: Pull these blooms
off of them, too, kandy.
-Kandy: Okay.
321
00:25:49,123 --> 00:25:51,173
-After they bloom,
you got to take them off.
-Kandy: Yeah.
322
00:25:58,966 --> 00:26:02,726
Anna: We put up our house
and our land
and everything we have.
323
00:26:02,953 --> 00:26:04,787
We just knew in our hearts
that she was innocent.
324
00:26:04,880 --> 00:26:06,355
And so we did what we had to do.
325
00:26:08,309 --> 00:26:11,310
Dale: Mark was a weird person
to me.
326
00:26:11,462 --> 00:26:13,696
I didn't like him
the first time I met him.
327
00:26:15,149 --> 00:26:19,410
He put on a facade really.
328
00:26:19,561 --> 00:26:22,037
They act one way
and do another.
329
00:26:25,976 --> 00:26:29,402
He would try to convince me
that it was her,
330
00:26:29,496 --> 00:26:32,906
You know, that she was doing
all these different things.
331
00:26:33,000 --> 00:26:36,335
If she would call me crying
or upset or something,
332
00:26:36,487 --> 00:26:38,762
Next thing I know,
about ten minutes later,
333
00:26:38,914 --> 00:26:41,156
He'd call and say,
"oh, well, she didn't take
her medicine today."
334
00:26:41,249 --> 00:26:43,225
Or, you know,
"she didn't do this"
or "she didn't do that."
335
00:26:44,753 --> 00:26:45,728
Somebody hitting on my kid...
336
00:26:46,606 --> 00:26:47,438
That tore me apart.
337
00:26:48,849 --> 00:26:49,773
That's rough.
338
00:26:50,776 --> 00:26:52,258
That's rough.
339
00:26:52,353 --> 00:26:55,261
She didn't deserve it,
and I wish it hadn't happened,
340
00:26:55,356 --> 00:26:57,615
But I'm glad
she is standing here
instead of him.
341
00:27:13,691 --> 00:27:16,592
Kandy: Mark always wanted
to try ecstasy.
342
00:27:18,195 --> 00:27:20,620
So we did.
343
00:27:20,714 --> 00:27:23,766
And then after that
it just became a snowball
of drugs.
344
00:27:26,646 --> 00:27:28,704
He would get mad at me
if I didn't do them.
345
00:27:28,797 --> 00:27:30,873
He would say,
"you don't love me.
Now I know you don't love me
346
00:27:30,966 --> 00:27:32,107
"because you don't want
to do drugs with me."
347
00:27:43,554 --> 00:27:47,814
I felt like he was drugging me
a lot. Um...
348
00:27:47,908 --> 00:27:49,291
'cause he was making my drinks.
349
00:27:51,486 --> 00:27:53,629
Would feel drugged at times
when I wasn't taken anything.
350
00:27:55,249 --> 00:27:57,174
I'd wake up
351
00:27:57,401 --> 00:28:00,402
Like I'd been laying there
for two, three days,
and I just couldn't move.
352
00:28:00,421 --> 00:28:03,997
And I'd be bruised
up from my ankles,
and my wrists, where...
353
00:28:04,091 --> 00:28:06,684
Maybe he had picked me up
and moved me
around or something.
354
00:28:06,835 --> 00:28:08,168
So I don't know
what was going on.
355
00:28:08,262 --> 00:28:09,761
What was happening to me.
356
00:28:09,914 --> 00:28:10,688
Um...
357
00:28:13,100 --> 00:28:14,024
I still don't know.
358
00:28:36,440 --> 00:28:39,107
Logan: Coercive control
is a pattern of behavior
359
00:28:39,126 --> 00:28:44,537
Where one person dominates
and the other is forced
to comply.
360
00:28:44,631 --> 00:28:50,060
People become entrapped
within these relationships.
361
00:28:50,287 --> 00:28:53,379
How do drugs play
into this framework
362
00:28:53,399 --> 00:28:56,883
Of coercive control
and domestic violence generally?
363
00:28:56,902 --> 00:29:01,739
A lot of times it is a forced
or coerced drug use,
364
00:29:01,966 --> 00:29:03,907
So it's just additional avenue
of control.
365
00:29:11,250 --> 00:29:13,492
Tell us a little bit
about what you learned
366
00:29:13,586 --> 00:29:15,660
About her relationship
with her husband, mark.
367
00:29:15,755 --> 00:29:19,481
One of the things that struck me
was how quickly
368
00:29:19,500 --> 00:29:21,316
He became very controlling,
369
00:29:21,335 --> 00:29:24,169
Even after their first date,
370
00:29:24,263 --> 00:29:27,506
What she could do with her time,
how she could do it,
371
00:29:27,600 --> 00:29:29,600
When she could sleep,
how she could sleep,
372
00:29:29,827 --> 00:29:32,511
The position
she was gonna sleep in...
373
00:29:32,605 --> 00:29:36,164
He has all the control.
She has none of the control.
374
00:29:36,258 --> 00:29:40,669
And in this case,
there was escalating violence
375
00:29:40,762 --> 00:29:42,946
And there were a lot of threats
to kill.
376
00:29:45,451 --> 00:29:48,101
You're not just listening
to kandy bennett
377
00:29:48,120 --> 00:29:51,121
-And taking everything
she says at face value.
-No.
378
00:29:51,273 --> 00:29:55,125
There were multiple interviews
that corroborated
different incidents.
379
00:29:55,277 --> 00:29:59,037
There were police reports
that corroborated...
Those elements were there.
380
00:29:59,131 --> 00:30:04,209
So one of our big concerns is,
even though the law does not
require anybody to retreat...
381
00:30:04,361 --> 00:30:07,787
-That's always
the question, but...
-Yes. Why didn't she just leave?
382
00:30:07,881 --> 00:30:10,123
Coercive control in general
makes you feel like
you can't escape.
383
00:30:10,217 --> 00:30:12,643
But he made it very clear
384
00:30:12,870 --> 00:30:16,146
Through multiple
kinds of messages
that she can't escape.
385
00:30:18,484 --> 00:30:21,059
There were threats
that her car was gonna blow up,
386
00:30:21,153 --> 00:30:24,822
That there were snipers,
that he could find her
wherever she went.
387
00:30:25,049 --> 00:30:27,157
On top of that,
she tried to reach out
to the police,
388
00:30:27,384 --> 00:30:28,808
And the police were not helpful
at all.
389
00:30:28,902 --> 00:30:32,404
So how would she get away?
390
00:30:32,498 --> 00:30:36,649
So, based on your review
of this case
and your research generally,
391
00:30:36,743 --> 00:30:39,485
Was there coercive control
was an element
in this situation?
392
00:30:39,580 --> 00:30:41,797
Logan: Probably more so
than I've heard
in any other case.
393
00:31:09,760 --> 00:31:14,096
Melanie: This is always a time
where clients kind of struggle
a little bit.
394
00:31:14,189 --> 00:31:18,858
She faces life in prison
or the prospect
of getting her life back.
395
00:31:18,878 --> 00:31:24,106
We believe that this trial
will turn on how effective
she is as a witness.
396
00:31:24,124 --> 00:31:27,959
She has to testify clearly
and coherently
397
00:31:28,053 --> 00:31:30,462
To tell her side of the story.
398
00:31:30,614 --> 00:31:32,614
So that's why we're putting
a lot of effort
399
00:31:32,707 --> 00:31:34,016
Into getting her ready
to go in front of a jury.
400
00:31:39,214 --> 00:31:43,066
I'm just nervous
about going on the stand,
401
00:31:43,293 --> 00:31:46,294
But I just hate reliving it
over and over.
402
00:31:46,388 --> 00:31:48,405
I feel like I'm back there
on the floor
403
00:31:48,556 --> 00:31:51,466
Or being choked
or being bit or...
404
00:31:51,485 --> 00:31:52,409
It's just hard.
405
00:31:53,561 --> 00:31:54,661
I just want it to be over.
406
00:32:05,573 --> 00:32:07,315
Todd: Miss bennet.
407
00:32:07,334 --> 00:32:09,651
You felt like mark was falling
out of love with you,
408
00:32:09,670 --> 00:32:10,677
Didn't you?
409
00:32:11,505 --> 00:32:12,745
Yes.
410
00:32:12,765 --> 00:32:15,081
Todd: You were pissed off
with him, right?
411
00:32:15,100 --> 00:32:16,582
-No.
-Do you agree with me
that you told the police,
412
00:32:16,602 --> 00:32:20,178
-"I was so mad."
-thinking back about it,
413
00:32:20,330 --> 00:32:24,090
Probably, but I don't know.
I was just hurt.
414
00:32:24,184 --> 00:32:26,944
-Todd: Let's talk about the day
you shoot mark.
-Right.
415
00:32:27,095 --> 00:32:29,838
Todd: This day you've gone back
to the house, into the garage.
416
00:32:29,931 --> 00:32:32,190
You get there
and the first order of business
417
00:32:32,284 --> 00:32:34,701
Was you're gonna turn off
the garage cameras, right?
418
00:32:36,530 --> 00:32:37,371
I don't remember.
419
00:32:41,460 --> 00:32:43,794
Kandy: I'm not sure
if that was the first thing
I did,
420
00:32:43,945 --> 00:32:46,129
But I did it
before I got in his car.
421
00:32:46,281 --> 00:32:48,356
And what is it
you're looking for?
422
00:32:48,450 --> 00:32:50,717
Kandy:
Clues to what he's doing.
423
00:32:52,362 --> 00:32:54,454
Okay, what are we looking for?
424
00:32:54,548 --> 00:32:59,718
I guess I just wanted
to feel like
I wasn't losing my mind.
425
00:32:59,812 --> 00:33:02,295
Todd:
You felt like he was doing
something else,
426
00:33:02,314 --> 00:33:04,889
And cheating would naturally
be one of those things, right?
427
00:33:05,042 --> 00:33:06,483
Yes.
428
00:33:06,634 --> 00:33:08,986
How many handguns did you have
in this whole house?
429
00:33:09,213 --> 00:33:10,395
Kandy: Two, I think.
430
00:33:10,547 --> 00:33:12,155
Okay, so the one
we saw on evidence
431
00:33:12,382 --> 00:33:15,158
Was the one you located
under the driver's seat, right?
432
00:33:15,385 --> 00:33:16,976
Yes.
433
00:33:17,070 --> 00:33:18,403
And then after you got it out
from under the driver's seat,
434
00:33:18,497 --> 00:33:19,997
You put it on a shelf?
435
00:33:20,224 --> 00:33:21,573
Kandy: Yes.
436
00:33:21,667 --> 00:33:24,075
Todd: At this point,
the garage door came open or...?
437
00:33:24,169 --> 00:33:26,911
It's, um... Yes.
438
00:33:27,064 --> 00:33:28,747
Did he pull all the way in?
439
00:33:28,841 --> 00:33:30,132
I'm kind of...
440
00:33:32,586 --> 00:33:34,845
At some point,
he went into the house
441
00:33:34,996 --> 00:33:37,572
-And you think he's going to
get a gun, right?
-Yes.
442
00:33:37,591 --> 00:33:39,591
And his parting words are?
443
00:33:39,743 --> 00:33:42,077
It's like "I'm going to
(bleep) kill you, bitch."
444
00:33:42,095 --> 00:33:45,171
Okay, when he re-enters
the garage, by this point
445
00:33:45,190 --> 00:33:47,107
You've retrieved the gun
from the shelf.
446
00:33:48,602 --> 00:33:49,484
Wait...
447
00:33:51,438 --> 00:33:53,938
This gun
that was under the seat,
448
00:33:54,091 --> 00:33:56,867
That was the one he normally
sort of walked around the house
with on his person.
449
00:33:57,094 --> 00:33:59,036
Yes.
450
00:33:59,187 --> 00:34:02,597
Todd: So if you ever had a fear
of a gun, it would be that one.
Right?
451
00:34:02,690 --> 00:34:07,026
So you pulled the gun up,
hold it out and
you pull the trigger once,
452
00:34:07,120 --> 00:34:10,380
And you pull it a second time,
and he didn't pull a gun on you.
453
00:34:10,607 --> 00:34:12,198
No.
454
00:34:12,292 --> 00:34:14,943
And then you pull a third time
and you pull it a fourth time.
455
00:34:14,961 --> 00:34:17,870
I kept firing until
it didn't fire anymore.
456
00:34:17,890 --> 00:34:21,283
In fact did you keep pulling
until the gun went
click, click, click?
457
00:34:21,301 --> 00:34:22,142
Yes.
458
00:34:24,304 --> 00:34:25,687
Todd: Okay. Nothing further.
459
00:34:31,978 --> 00:34:36,556
What todd just did is to turn
your statement to be something
460
00:34:36,650 --> 00:34:38,316
Maybe different than
what you intended
461
00:34:38,410 --> 00:34:40,635
And definitely different than
what we would want
it to look like.
462
00:34:40,654 --> 00:34:42,487
Kara: If the prosecutor
is telling you something
463
00:34:42,639 --> 00:34:44,306
That you're like,
"no, that's not how it was,"
464
00:34:44,324 --> 00:34:46,249
Don't be afraid to say,
"you're saying this,
but it was this."
465
00:34:49,980 --> 00:34:54,816
Melanie: Where we are
as a team is, there's
a lot of anxiety.
466
00:34:54,909 --> 00:34:59,429
Kandy has been incredibly
traumatized
by what happened that day.
467
00:34:59,656 --> 00:35:05,227
So it is hard for her to focus
on what we believe
the jury needs to hear.
468
00:35:06,830 --> 00:35:09,606
We can present
all the facts in the world
469
00:35:09,833 --> 00:35:11,441
And build the strongest
case possible.
470
00:35:11,593 --> 00:35:15,612
But the reality is,
if kandy falls apart
on the stand,
471
00:35:15,763 --> 00:35:18,115
It's going to make her look
guilty in the eyes of the jury,
472
00:35:18,266 --> 00:35:20,033
And she could go to prison
for the rest of her life.
473
00:35:30,462 --> 00:35:31,378
(phone ringing)
474
00:35:34,858 --> 00:35:35,715
Kara: Hey, how you doing?
475
00:35:42,716 --> 00:35:43,723
Um... (exhales)
476
00:35:49,222 --> 00:35:50,939
Okay. Yeah.
477
00:35:52,818 --> 00:35:55,727
Yeah, I don't think she's ever
going to agree to that.
478
00:35:55,879 --> 00:35:58,655
Let me talk to melanie
about that real quick
479
00:35:58,806 --> 00:36:00,782
And give you a call back
in a few minutes.
480
00:36:26,259 --> 00:36:30,412
Melanie: So kandy, we're talking
about an offer for probation.
481
00:36:30,430 --> 00:36:35,007
The offer is five years
on a reckless homicide,
482
00:36:35,101 --> 00:36:38,253
And then two years
on the possession,
for a total of seven years.
483
00:36:38,271 --> 00:36:40,438
That would be probated.
484
00:36:40,590 --> 00:36:44,367
That is a guarantee
that you don't go back in
485
00:36:44,594 --> 00:36:46,536
Unless you violate
your probation.
486
00:36:49,041 --> 00:36:51,266
Do you want that?
487
00:36:51,359 --> 00:36:53,543
-I won't have to go to jail?
-You wouldn't
have to go to jail.
488
00:36:56,440 --> 00:36:59,624
Okay, so I'd have to be
a convicted felon
489
00:36:59,776 --> 00:37:01,843
-For how many years?
-Forever and ever...
490
00:37:08,618 --> 00:37:12,545
The only decision that you have
to make right now is...
491
00:37:12,639 --> 00:37:18,050
"do I want to risk trial
or do I want this probation?"
492
00:37:18,144 --> 00:37:20,128
So it's lots of risk over here,
493
00:37:20,221 --> 00:37:23,798
But also the possibility
that you could walk out
with a full acquittal.
494
00:37:23,891 --> 00:37:26,892
And over here, we have
the lowest level charge
495
00:37:26,987 --> 00:37:30,563
That the jury
could convict you on
and probation.
496
00:37:30,657 --> 00:37:32,207
You have to decide
the value of that.
497
00:37:37,481 --> 00:37:39,256
I don't want to be
a convicted felon,
498
00:37:39,483 --> 00:37:41,216
I don't want to be
on paper for seven years.
499
00:37:43,837 --> 00:37:45,837
If you're going to turn it down,
make sure that's what you want
500
00:37:45,931 --> 00:37:47,097
And that you're okay
with that uncertainty.
501
00:37:49,993 --> 00:37:54,012
It's just hard because
we care about her...
502
00:37:54,164 --> 00:37:55,730
What I really want to give her
is an acquittal...
503
00:37:57,442 --> 00:38:02,762
And we can't give that to her
with an offer, um...
504
00:38:02,856 --> 00:38:04,614
But we could give her
the rest of her life
with her kids.
505
00:38:33,478 --> 00:38:39,557
Kandy: Basically, I can go
to trial and take my chances
with 12 people,
506
00:38:39,709 --> 00:38:42,635
Or I can take a deal
and be on probation
507
00:38:42,729 --> 00:38:45,280
And not have to go back to jail.
508
00:38:47,217 --> 00:38:50,068
If I take the plea
I'll be convicted felon.
509
00:38:50,162 --> 00:38:51,995
I'm 45 years old.
510
00:38:52,222 --> 00:38:55,332
It will have an effect
on employment.
511
00:38:56,150 --> 00:38:57,125
It's a big decision.
512
00:39:02,399 --> 00:39:04,990
Kandy: I think I like
that one better.
513
00:39:05,085 --> 00:39:09,754
Me and my mom are going over
some dresses that melanie
had donated
514
00:39:09,848 --> 00:39:12,349
And just looking through them.
515
00:39:12,576 --> 00:39:15,185
I mean, I didn't have anything
to wear, really...
516
00:39:15,412 --> 00:39:18,671
Nothing really presentable
for court.
517
00:39:18,690 --> 00:39:22,192
-Anne: I've got this.
Try that on.
-Kandy: Oh, cool.
518
00:39:22,343 --> 00:39:23,485
Anne:
I think that would be cute.
519
00:39:26,590 --> 00:39:30,325
It's just been overwhelming,
all this time has passed
and it's finally getting here.
520
00:39:31,595 --> 00:39:33,277
This is it.
521
00:39:33,430 --> 00:39:35,113
I do want to be able to grieve,
522
00:39:35,265 --> 00:39:38,041
And I do want to process
these things
and I do want to let it go.
523
00:39:38,192 --> 00:39:39,601
And I do want him
to rest in peace.
524
00:39:39,619 --> 00:39:41,102
I want to move with my life.
525
00:39:41,195 --> 00:39:42,045
-(kandy sniffles)
-anne: I know.
526
00:39:43,715 --> 00:39:45,215
Everything is going
to be okay, honey.
527
00:39:49,888 --> 00:39:51,279
(kandy sniffles)
528
00:39:51,372 --> 00:39:53,556
I know it's hard, but it is.
529
00:40:12,485 --> 00:40:15,412
So I'm feeling nervous,
I hate being in the courthouse.
530
00:40:21,586 --> 00:40:23,402
I know I was the victim.
531
00:40:23,422 --> 00:40:25,980
That's what I know
and that's what
I'll always know.
532
00:40:25,999 --> 00:40:27,549
Nobody can take that away.
533
00:41:07,299 --> 00:41:08,923
Bailiff: All rise.
534
00:41:23,873 --> 00:41:24,939
Yes.
535
00:41:28,378 --> 00:41:29,152
Yes, sir.
536
00:41:32,716 --> 00:41:33,448
Yes, sir.
537
00:41:43,502 --> 00:41:44,626
Guilty.
538
00:41:49,566 --> 00:41:50,340
Guilty.
539
00:42:05,098 --> 00:42:10,268
Kandy: Not being able
to clear my name,
that's disheartening to me.
540
00:42:10,362 --> 00:42:13,321
It's a little bittersweet
because I would have loved
to get an acquittal.
541
00:42:19,612 --> 00:42:21,929
Kandy: But I feel relieved.
542
00:42:21,948 --> 00:42:24,023
Like the weight has lifted.
543
00:42:24,042 --> 00:42:27,602
I don't have to worry about
being tied up in a jury trial
for three weeks
544
00:42:27,695 --> 00:42:29,954
And then not knowing
the outcome.
545
00:42:30,106 --> 00:42:34,625
So I'm glad things are resolved
546
00:42:34,719 --> 00:42:37,628
And I can move on now.
547
00:42:37,781 --> 00:42:40,281
I can spend more time
with my kids.
548
00:42:40,300 --> 00:42:43,560
Being a mom is...
It's a love you can't describe.