1 00:00:02,578 --> 00:00:05,653 (phone ringing) 2 00:00:05,748 --> 00:00:07,489 (operator speaking) 3 00:00:07,508 --> 00:00:08,590 (kandy speaking) 4 00:00:16,500 --> 00:00:18,350 Operator: Where is he shot at, ma'am? 5 00:00:27,361 --> 00:00:29,862 (dramatic music playing) 6 00:00:30,865 --> 00:00:33,032 (kandy speaking) 7 00:00:43,044 --> 00:00:45,878 If a man's coming at you, saying he's going to kill you over and over again, 8 00:00:46,029 --> 00:00:47,880 What choice do you have? 9 00:00:48,031 --> 00:00:50,716 What choice do you have when you fire a gun and he just keeps coming? 10 00:00:55,281 --> 00:00:57,447 Melanie: The prosecution says 11 00:00:57,466 --> 00:01:00,559 That kandy planned to kill mark, that it was premeditated. 12 00:01:00,710 --> 00:01:04,805 Prosecutor: You shot and you shot and you shot and you shot. 13 00:01:04,899 --> 00:01:08,475 You weren't scared. You were angry at him. 14 00:01:08,627 --> 00:01:10,736 Kandy: I did it, but it was my life or his. 15 00:01:32,242 --> 00:01:35,001 Female reporter: Kentucky state police says 51 year old mark bennett 16 00:01:35,154 --> 00:01:37,429 Was shot and killed on clinton court. 17 00:01:37,581 --> 00:01:40,991 40-year-old kandy bennett was charged with his murder. 18 00:01:41,084 --> 00:01:43,994 Neighbors say they didn't know the husband and wife very well, 19 00:01:44,012 --> 00:01:45,604 But this was unexpected. 20 00:01:54,340 --> 00:01:56,673 My name is melanie lowe, 21 00:01:56,692 --> 00:01:59,034 I'm a criminal defense attorney and I represent kandy bennett. 22 00:02:02,197 --> 00:02:04,790 Kandy is charged with murder, 23 00:02:04,941 --> 00:02:08,201 Over the shooting of her husband, 24 00:02:08,354 --> 00:02:10,879 In an incident of domestic violence that occurred in the garage. 25 00:02:12,633 --> 00:02:15,300 If she's convicted, she faces up to life in prison. 26 00:02:17,696 --> 00:02:22,215 Kandy was a single mother of two when she met mark bennett. 27 00:02:22,368 --> 00:02:24,977 They married and were together for five years. 28 00:02:26,129 --> 00:02:28,555 There had been domestic violence 29 00:02:28,707 --> 00:02:32,985 In kandy and mark's relationship for years. 30 00:02:36,732 --> 00:02:39,992 About a month before the actual shooting, 31 00:02:40,219 --> 00:02:42,828 Mark began to more frequently beat kandy, 32 00:02:42,979 --> 00:02:45,664 To strangle her, 33 00:02:45,815 --> 00:02:48,500 And to control everything she did. 34 00:02:50,746 --> 00:02:54,564 Kandy suspected that mark was having an affair. 35 00:02:54,583 --> 00:02:57,492 On the day of the shooting, she decided to look at his car 36 00:02:57,511 --> 00:02:59,928 To try to piece together exactly what he'd been doing with his time. 37 00:03:01,240 --> 00:03:02,181 She found a gun in his car. 38 00:03:06,245 --> 00:03:12,249 He came home while she was in his vehicle and was extremely irate. 39 00:03:12,342 --> 00:03:14,526 The last thing he said to her is, "I'm going to (bleep) kill you." 40 00:03:17,423 --> 00:03:19,198 And kandy believed that he was capable of it. 41 00:03:21,260 --> 00:03:23,702 Kandy said, "leave me alone, don't come near me." 42 00:03:26,281 --> 00:03:28,098 But he kept on coming toward her 43 00:03:28,116 --> 00:03:32,102 And that's when she shot him multiple times. 44 00:03:32,120 --> 00:03:35,272 (gunshot) 45 00:03:35,290 --> 00:03:38,458 Melanie: The prosecution says that kandy planned to kill mark, 46 00:03:38,610 --> 00:03:40,052 That it was premeditated, 47 00:03:40,279 --> 00:03:42,721 But kandy's the victim in this case. 48 00:03:44,708 --> 00:03:48,301 I know that she was right under the law, 49 00:03:48,454 --> 00:03:51,563 And morally, to do what she did. 50 00:03:51,715 --> 00:03:53,899 We do feel like her chances are very good, given the facts, 51 00:03:54,126 --> 00:03:56,902 And I don't know of another case of... 52 00:03:57,129 --> 00:03:58,737 That's this strong on self-defense. 53 00:04:00,407 --> 00:04:03,575 She just knew that it was either him or her. 54 00:04:25,491 --> 00:04:27,099 Kandy: The last five years have been tough. 55 00:04:29,753 --> 00:04:31,995 They took everything from me when they arrested me, 56 00:04:32,014 --> 00:04:33,663 Um, the shoes off my feet, 57 00:04:33,682 --> 00:04:36,758 Undergarments, everything. 58 00:04:36,852 --> 00:04:40,279 I was picked up and thrown in jail, naked, basically. 59 00:04:43,342 --> 00:04:45,692 My kids, they were having real life issues 60 00:04:45,844 --> 00:04:48,102 And I'm stuck, you know, behind bars 61 00:04:48,122 --> 00:04:51,105 Touching my son's hand through the glass, you know, 62 00:04:51,125 --> 00:04:52,791 Um, watching tears fall from his eyes 63 00:04:52,942 --> 00:04:54,684 And not being able to comfort him, 64 00:04:54,703 --> 00:04:56,295 Was the hardest thing ever. 65 00:04:56,446 --> 00:04:58,046 I just wanted to hug him and I couldn't. 66 00:05:00,301 --> 00:05:02,692 Living through this 67 00:05:02,711 --> 00:05:06,805 And trying not to let it really bother me, has been tough. 68 00:05:10,869 --> 00:05:13,395 I've heard, "you're a cold-blooded killer." "you're a murderer." 69 00:05:16,208 --> 00:05:19,151 Which is not true. I'm not a murderer, you know. 70 00:05:22,138 --> 00:05:23,563 The man was trying to kill me 71 00:05:23,657 --> 00:05:26,325 And I did everything in my power to save myself. 72 00:05:48,515 --> 00:05:54,836 So kandy, tell me that morning, how were things at home? 73 00:05:54,855 --> 00:05:59,249 He was, uh, being very abusive, earlier that morning. 74 00:05:59,342 --> 00:06:01,101 We're fighting and arguing. 75 00:06:01,195 --> 00:06:03,177 He grabbed me 76 00:06:03,271 --> 00:06:06,531 And started choking me and there was a lot of struggle going on. 77 00:06:11,613 --> 00:06:14,614 So I went on in the garage. 78 00:06:14,766 --> 00:06:19,786 I wanted to look in his car and see if I could figure out what was going on, 79 00:06:19,938 --> 00:06:21,771 Why he was acting so weird, what, you know, 80 00:06:21,865 --> 00:06:24,049 Where he was disappearing to. 81 00:06:24,200 --> 00:06:26,367 Sometimes he would write numbers in his planner, um... 82 00:06:26,387 --> 00:06:28,278 And I thought... 83 00:06:28,296 --> 00:06:29,554 Did you find anything else in the car other than the planner? 84 00:06:29,706 --> 00:06:33,299 Um...Under the seat, there was a gun. 85 00:06:33,394 --> 00:06:36,286 And then he caught me, 86 00:06:36,304 --> 00:06:40,290 And um...He was as upset as I've ever seen him. 87 00:06:40,383 --> 00:06:44,886 At some point, he grabs a shovel and starts like charging at me, 88 00:06:44,905 --> 00:06:47,489 And it's like, he's going to jab it in my throat. 89 00:06:50,469 --> 00:06:53,561 Then he said, "I'm going to get my gun," 90 00:06:53,655 --> 00:06:55,747 'cos I knew he had shotguns and stuff in the house. 91 00:06:55,899 --> 00:06:57,582 And said, "I'm going to kill you." 92 00:06:59,144 --> 00:07:00,669 -Does he see you have the gun? -Yes. 93 00:07:01,830 --> 00:07:03,905 Did he react to that at all? 94 00:07:03,924 --> 00:07:07,484 Well, I shot it once, he said, "you (bleep) bitch, 95 00:07:07,502 --> 00:07:09,486 "I can't believe you shot my gun, I'm going to (bleep) kill you". 96 00:07:09,504 --> 00:07:11,988 -Okay. -It wasn't toward him, 97 00:07:12,081 --> 00:07:13,823 It was just, towards the stairs. 98 00:07:13,842 --> 00:07:16,101 And he came around and lunged towards me, 99 00:07:16,252 --> 00:07:18,753 Like he was going to take the gun from me. 100 00:07:18,772 --> 00:07:20,439 And then, I unloaded the gun on him. 101 00:07:21,758 --> 00:07:24,776 Okay. (exhales) that's a lot. 102 00:07:26,004 --> 00:07:27,279 Yeah. 103 00:07:27,506 --> 00:07:30,006 I know it's really hard to go through that story. 104 00:07:30,025 --> 00:07:34,286 I know that's probably the most traumatic thing you've ever been through, um... 105 00:07:34,437 --> 00:07:36,455 And we'll work on... 106 00:07:36,606 --> 00:07:39,683 Um, making sure that you're comfortable with it in front of the jury, 107 00:07:39,776 --> 00:07:42,043 But I think this is exactly what they're gonna need to hear about. 108 00:07:47,542 --> 00:07:50,527 It's really important in a self-defense case 109 00:07:50,620 --> 00:07:52,862 For a jury to hear from kandy. 110 00:07:52,956 --> 00:07:57,717 To hear what her life was like, and how it led to that...Incident, 111 00:07:57,811 --> 00:08:00,145 What led up to that, the amount of domestic violence 112 00:08:00,372 --> 00:08:02,797 And coercive control that she had to experience, 113 00:08:02,816 --> 00:08:04,649 That got her to a place, 114 00:08:04,801 --> 00:08:07,711 Where she had no choice but to do the action that she did, 115 00:08:07,729 --> 00:08:09,446 To fire that gun. 116 00:08:13,327 --> 00:08:15,494 (solemn music playing) 117 00:08:28,567 --> 00:08:32,511 He was very like charming and very like, "sweep you off your feet." 118 00:08:32,662 --> 00:08:35,421 But at the same time, he was very, 119 00:08:35,516 --> 00:08:38,183 I've never gotten so much attention from somebody. 120 00:08:40,670 --> 00:08:44,189 He portrayed himself as like a really good family guy. 121 00:08:46,084 --> 00:08:48,193 Nobody else had really shown interest in my kids. 122 00:08:51,014 --> 00:08:54,758 Two weeks into the relationship, he wanted me to move in with him. 123 00:08:54,776 --> 00:08:59,946 So we moved in and, uh, everything was perfect. 124 00:09:00,040 --> 00:09:01,456 It was like prince charming, or something. 125 00:09:03,618 --> 00:09:06,378 And then, um, as soon as we got married, 126 00:09:06,529 --> 00:09:08,713 His demeanor started to change, like, almost overnight. 127 00:09:13,278 --> 00:09:16,388 He had been having an affair, and then, when I found out about it, 128 00:09:16,539 --> 00:09:17,973 That's when he started becoming physically violent. 129 00:09:22,396 --> 00:09:24,304 He grabbed me, 130 00:09:24,456 --> 00:09:27,065 Uh, up, several times in front of my children. 131 00:09:29,127 --> 00:09:31,719 He would slam my head on the concrete, 132 00:09:31,738 --> 00:09:35,298 Hit me with golf clubs, beat me with coat hangers. 133 00:09:35,317 --> 00:09:37,075 I mean, there wasn't anything that man wouldn't do to me. 134 00:09:45,827 --> 00:09:48,336 (sobbing) 135 00:09:54,577 --> 00:09:55,835 Nobody knew him. 136 00:09:55,987 --> 00:09:56,720 Nobody. 137 00:09:59,582 --> 00:10:00,932 Nobody saw that side of mark bennett. 138 00:10:03,011 --> 00:10:04,686 Nobody saw the jekyll and hyde. 139 00:10:17,025 --> 00:10:23,179 Melanie: Kandy is charged with murder over the shooting of her husband, 140 00:10:23,198 --> 00:10:25,790 But we believe it was self-defense. 141 00:10:33,634 --> 00:10:35,708 We are meeting with jake green, 142 00:10:35,861 --> 00:10:40,213 Who is our forensic electronic specialist. 143 00:10:40,365 --> 00:10:43,475 I think jake is really key to kandy's case 144 00:10:43,702 --> 00:10:46,886 Because the jury may not understand 145 00:10:47,038 --> 00:10:49,630 The extent to which an individual 146 00:10:49,724 --> 00:10:51,816 Can monitor another individual through electronic means. 147 00:10:53,712 --> 00:10:56,062 -How are you this morning? -Jake: Good. 148 00:10:56,214 --> 00:11:00,233 All right. (exhales) so, um, aaron is primarily gonna be 149 00:11:00,385 --> 00:11:02,735 Doing your testimony at trial. 150 00:11:02,888 --> 00:11:05,646 I probably want to know a little more from you, 151 00:11:05,666 --> 00:11:09,075 How much you think you could testify about surveillance, 152 00:11:09,169 --> 00:11:11,318 In terms of what mark might have been doing. 153 00:11:11,338 --> 00:11:12,671 Yep. Got it. 154 00:11:12,822 --> 00:11:16,916 Mark was using something called google takeouts. 155 00:11:17,010 --> 00:11:19,511 What is that? 156 00:11:19,662 --> 00:11:24,182 So google takeout is a way of archiving the user's account. 157 00:11:26,261 --> 00:11:28,002 You're getting everything from messages, 158 00:11:28,021 --> 00:11:31,080 To location history, internet history. 159 00:11:31,099 --> 00:11:36,419 I mean, it's what we use if we want to see where someone was. 160 00:11:36,438 --> 00:11:41,274 There are so few people that know about, where... How to do google takeouts. 161 00:11:41,368 --> 00:11:45,370 That's something that requires a much higher level of computer understanding 162 00:11:45,597 --> 00:11:49,023 Than a novice or an average person. 163 00:11:49,117 --> 00:11:51,543 So when we saw that, it's like, that's a red flag. 164 00:11:53,955 --> 00:11:57,716 It's not taking someone's phone and looking at their phone, 165 00:11:57,867 --> 00:12:03,037 It's using their account from a remote location like another...Like a laptop, 166 00:12:03,131 --> 00:12:06,132 And being able to look at where she had been, right? 167 00:12:06,226 --> 00:12:07,559 Yeah. 168 00:12:07,786 --> 00:12:09,469 If somebody knew every place you'd been, 169 00:12:09,621 --> 00:12:11,396 That would seem extremely scary. 170 00:12:43,246 --> 00:12:48,841 -Oh, that is so creepy. -I agree. 171 00:12:48,994 --> 00:12:54,347 We were looking for, uh, the proof of the abuse, which jake was able to find. 172 00:12:54,499 --> 00:12:58,425 Also, mark was accessing her google account. 173 00:12:58,520 --> 00:13:00,853 He could tell where she'd been, who she had talked to, 174 00:13:01,006 --> 00:13:02,930 What she had said in those conversations. 175 00:13:02,949 --> 00:13:05,008 So that was all part of the coercive control, 176 00:13:05,026 --> 00:13:07,202 That she was subjected to as part of the abuse. 177 00:13:18,281 --> 00:13:19,856 He was very computer savvy, 178 00:13:19,874 --> 00:13:24,118 And he knew exactly what to do and how to do it, 179 00:13:24,137 --> 00:13:25,970 To spy on me. 180 00:13:29,050 --> 00:13:33,144 Mark had cameras in the house in a few different locations. 181 00:13:33,296 --> 00:13:35,396 He was always watching what I was doing. 182 00:13:37,559 --> 00:13:41,152 You know, if I'd walk across the room, the camera would follow me. 183 00:13:44,473 --> 00:13:48,326 I was just under surveillance 24-7, and it made me feel crazy. 184 00:13:50,664 --> 00:13:53,498 Nobody wants to be controlled, and... 185 00:13:53,649 --> 00:13:55,333 Manipulated. 186 00:14:08,682 --> 00:14:12,091 So, jim, my private investigator, is coming in today, 187 00:14:12,185 --> 00:14:16,095 And we're going to sit down and look at kandy's interview with the police, 188 00:14:16,247 --> 00:14:19,098 To understand how they reached to the conclusion 189 00:14:19,250 --> 00:14:22,251 That they reached, in their investigation. 190 00:14:22,270 --> 00:14:24,420 Hey, how are you? 191 00:14:24,513 --> 00:14:26,114 Busy, as always. (exhales) 192 00:14:33,098 --> 00:14:36,616 So, um, I want to look at the video 193 00:14:36,768 --> 00:14:38,376 To see what jumps out 194 00:15:09,743 --> 00:15:11,892 He doesn't seem to be taking too many notes. 195 00:15:11,986 --> 00:15:15,079 So the very least, you know, you'd want to note something, 196 00:15:15,231 --> 00:15:15,997 'cause you wanna come back to it. 197 00:15:42,442 --> 00:15:45,092 She said, "he's threatened to kill my kids." 198 00:15:45,111 --> 00:15:47,503 Tell me about the incidents, what happened around those things, 199 00:15:47,522 --> 00:15:49,781 -Where, he said those things-- -when did he say that? Do you remember dates? 200 00:15:49,932 --> 00:15:51,507 Especially now, you're talking about, 201 00:15:51,600 --> 00:15:53,117 It's not between just the two of them now, 202 00:15:53,269 --> 00:15:54,869 -Now he's bringing her kids into it. -Melanie: Mmm-hmm. 203 00:16:19,479 --> 00:16:23,815 So, she turned off these cameras in the house, right? 204 00:16:23,966 --> 00:16:25,891 Yeah, yeah. 205 00:16:26,044 --> 00:16:27,819 Melanie: I 'm afraid it looks suspicious. 206 00:16:30,323 --> 00:16:34,141 Jim: It's troubling. I can't deny it. 207 00:16:34,160 --> 00:16:36,661 Melanie: The prosecution is going to hammer this at trial. 208 00:16:38,906 --> 00:16:41,224 Kandy told the police 209 00:16:41,242 --> 00:16:45,420 That she had turned off the surveillance camera that was in the garage. 210 00:16:47,899 --> 00:16:52,677 The prosecution is going to claim that that indicates a plan to kill mark 211 00:16:52,828 --> 00:16:55,179 Because it shows some sort of premeditation or plan. 212 00:16:56,924 --> 00:16:58,933 This could be hugely damaging to the case. 213 00:17:00,669 --> 00:17:03,504 If the jury believes the prosecution, 214 00:17:03,523 --> 00:17:05,690 Kandy could spend the rest of her life in prison. 215 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, 217 00:17:18,429 --> 00:17:22,356 The prosecution is gonna claim that she planned to kill mark. 218 00:17:22,450 --> 00:17:25,543 It's made our job to prove that kandy acted in self-defense, 219 00:17:25,694 --> 00:17:26,544 Even more difficult. 220 00:17:40,894 --> 00:17:43,953 Melanie: Paul is an important witness in this case 221 00:17:43,971 --> 00:17:48,140 Because he is the only witness other than our client 222 00:17:48,293 --> 00:17:49,567 To what happened in the garage. 223 00:17:56,317 --> 00:17:57,700 (phone ringing) 224 00:18:43,030 --> 00:18:46,457 Did you ever see any of the conflict between kandy and mark? 225 00:18:46,684 --> 00:18:48,684 No, I've never seen it personally. 226 00:18:48,703 --> 00:18:51,778 She called me and tell me he'd been hitting her, you know, just different things. 227 00:18:51,873 --> 00:18:55,358 Melanie: So you were left not really knowing for sure. 228 00:18:55,376 --> 00:18:58,043 Paul: Well, I mean, with the bruises and stuff, 229 00:18:58,196 --> 00:18:59,929 -What I knew, she wouldn't have put it on herself. -Melanie: Right. 230 00:19:13,044 --> 00:19:15,211 Melanie: What do you remember her telling you? 231 00:19:15,304 --> 00:19:16,729 Well, she said he had choked her 232 00:19:16,823 --> 00:19:19,306 And, you know, that's probably why she was talking 233 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.