1
00:00:04,396 --> 00:00:05,295
(intense music playing)
2
00:00:07,750 --> 00:00:09,491
(numbers dialing)
3
00:00:09,510 --> 00:00:12,344
(operator and jerry speaking)
4
00:00:45,938 --> 00:00:48,213
Marcelyn: This tragic,
tragic accident
5
00:00:48,440 --> 00:00:51,550
Has left this child
permanently injured.
6
00:00:52,553 --> 00:00:54,386
Her life will never be normal.
7
00:00:59,802 --> 00:01:02,135
Jerry: She's not
my biological daughter.
8
00:01:02,229 --> 00:01:06,315
But there is no way
that I would willfully hurt her.
9
00:01:07,551 --> 00:01:08,650
She got hurt.
10
00:01:09,795 --> 00:01:10,569
I saved her.
11
00:01:11,739 --> 00:01:12,905
That's the end of story.
12
00:01:31,425 --> 00:01:33,258
(dramatic music playing)
13
00:01:40,159 --> 00:01:44,494
My name is marcelyn angwin
and I'm a defense attorney
for jerry cole.
14
00:01:44,588 --> 00:01:49,775
Jerry is charged with aggravated
child abuse, a class a felony,
15
00:01:50,002 --> 00:01:51,777
And prison time
for that is up to 30 years.
16
00:01:55,449 --> 00:02:00,861
Jerry and the mother
of this toddler, were engaged.
17
00:02:01,013 --> 00:02:04,272
She has two small children
from another relationship.
18
00:02:04,366 --> 00:02:05,624
Jerry is not their father.
19
00:02:07,202 --> 00:02:09,703
One at the time
was eight weeks old
20
00:02:09,797 --> 00:02:12,381
And the other child
was two years
and nine months old,
21
00:02:14,193 --> 00:02:16,618
Jerry was babysitting
the children that day
22
00:02:16,712 --> 00:02:18,137
As the mother went back to work
23
00:02:18,364 --> 00:02:20,139
For the first time
after giving birth.
24
00:02:20,366 --> 00:02:23,642
So he brought them
to his grandmother's house
25
00:02:23,869 --> 00:02:27,128
And she has a swimming pool
in the back.
26
00:02:27,148 --> 00:02:29,556
He knew that his brother's
two children would be there
27
00:02:29,650 --> 00:02:32,317
So the kids would have
other children to play with.
28
00:02:32,469 --> 00:02:34,544
So they were in there
playing in the pool.
29
00:02:34,563 --> 00:02:35,879
A storm came up,
30
00:02:35,972 --> 00:02:38,398
So he got everybody
out of the pool.
31
00:02:38,550 --> 00:02:41,551
He brings the children
and he locks the screen door.
32
00:02:41,570 --> 00:02:44,388
And so all the children
were in the house.
33
00:02:44,406 --> 00:02:46,331
He goes into the kitchen
to make a bottle for the infant.
34
00:02:48,060 --> 00:02:50,394
And then
he looks out the window.
35
00:02:50,487 --> 00:02:54,840
And oh, my gosh,
there's the toddler
face down in the swimming pool.
36
00:02:55,067 --> 00:02:57,492
He runs out of the house,
jumps in the pool,
37
00:02:57,511 --> 00:02:59,178
Doesn't even bother
to even hit the steps
38
00:02:59,329 --> 00:03:00,762
And pulls the toddler out.
39
00:03:02,332 --> 00:03:05,091
When he got her out,
she was not breathing.
40
00:03:05,244 --> 00:03:09,579
So he starts, uh, cpr
and also rescue breathing.
41
00:03:09,598 --> 00:03:13,025
He worked on her
and he worked on her,
and he never stopped.
42
00:03:13,176 --> 00:03:15,944
He just knew
he had to save the child
43
00:03:17,256 --> 00:03:18,155
Who calls him daddy.
44
00:03:22,018 --> 00:03:23,685
911 comes.
45
00:03:23,779 --> 00:03:26,446
They put her in the ambulance
and take her to the hospital.
46
00:03:26,540 --> 00:03:29,374
This tragic, tragic accident
47
00:03:29,601 --> 00:03:33,361
Has left this child
permanently injured.
48
00:03:33,380 --> 00:03:35,380
Her life will never be normal.
49
00:03:38,627 --> 00:03:41,369
Accidents happen with parents
and children all the time,
50
00:03:41,463 --> 00:03:43,222
But the da
has pursued this charge
51
00:03:43,373 --> 00:03:47,208
Because of the injuries
to the child.
52
00:03:47,302 --> 00:03:50,287
Because they are so severe.
53
00:03:50,380 --> 00:03:54,307
They're trying
to take an accident
and turn it into a crime.
54
00:03:54,401 --> 00:03:56,235
When it's a child involved,
55
00:03:56,462 --> 00:03:58,237
It's almost like the jury
immediately thinks
56
00:03:58,388 --> 00:04:00,130
You're guilty.
57
00:04:00,223 --> 00:04:02,074
And we're the ones
who's gonna have tilt scale
58
00:04:02,801 --> 00:04:03,575
To innocent.
59
00:04:04,820 --> 00:04:05,994
We have a lot of work to do.
60
00:04:08,807 --> 00:04:10,540
(pensive music playing)
61
00:04:27,434 --> 00:04:28,934
Jerry: I miss them everyday.
62
00:04:30,679 --> 00:04:33,013
Every time I saw that girl
63
00:04:33,165 --> 00:04:35,499
She lit up
like a christmas tree.
64
00:04:35,517 --> 00:04:37,000
"daddy's here!"
65
00:04:37,093 --> 00:04:39,361
And I lit up. "daddy's here!"
66
00:04:42,341 --> 00:04:43,073
(sighs)
67
00:04:44,009 --> 00:04:45,075
I miss that.
68
00:04:48,347 --> 00:04:52,124
There is no way
that I would willfully hurt her.
69
00:04:53,961 --> 00:04:55,127
She got hurt.
70
00:04:56,021 --> 00:04:57,045
I saved her.
71
00:04:58,206 --> 00:04:59,298
That's the end of the story.
72
00:05:07,716 --> 00:05:09,308
To come out and say,
73
00:05:10,385 --> 00:05:13,294
You hurt your own child
74
00:05:13,314 --> 00:05:16,815
With a track record
of doing nothing
but helping everyone.
75
00:05:18,652 --> 00:05:20,134
This is wrong.
76
00:05:20,228 --> 00:05:21,778
Everything about this is wrong.
77
00:05:24,216 --> 00:05:25,824
And everybody
turns their backs on me.
78
00:05:27,569 --> 00:05:29,453
Says, "you're the monster."
79
00:05:34,001 --> 00:05:35,834
(dramatic music playing)
80
00:05:44,678 --> 00:05:45,635
Marcelyn: Good morning, jerry.
81
00:05:59,251 --> 00:06:03,436
I want to go over
the allegations against you.
82
00:06:03,530 --> 00:06:06,848
You're charged
with aggravated child abuse.
83
00:06:06,867 --> 00:06:11,203
The state will have to prove
that you're negligent
in taking care of the child.
84
00:06:12,447 --> 00:06:15,022
It is a class a felony,
85
00:06:15,117 --> 00:06:18,043
Because the child is under six.
86
00:06:18,194 --> 00:06:21,438
So the potential penalties
of a class a felony,
87
00:06:21,531 --> 00:06:23,173
Would be
up to 30 years in prison.
88
00:06:24,610 --> 00:06:26,292
So this is a very
serious offense
89
00:06:26,387 --> 00:06:27,636
That you've been charged with.
90
00:06:30,132 --> 00:06:33,116
So, first of all,
91
00:06:33,135 --> 00:06:36,395
I want to talk
about what happened
that morning.
92
00:06:36,622 --> 00:06:38,471
So you arrived
at your grandmother's house.
93
00:06:38,624 --> 00:06:41,233
Everybody's swimming,
and then what happens?
94
00:06:41,384 --> 00:06:43,885
There comes
a small little shower
95
00:06:43,979 --> 00:06:46,146
And that was my excuse,
96
00:06:46,298 --> 00:06:47,964
To get out of pool.
97
00:06:47,983 --> 00:06:49,482
You got all the children
out of the pool?
98
00:06:49,635 --> 00:06:51,968
I've got
the flotation devices off.
99
00:06:52,061 --> 00:06:53,245
-Put them next to the pool.
-Okay.
100
00:06:54,397 --> 00:06:55,989
Corralled them all inside.
101
00:06:56,083 --> 00:06:57,899
I lock the screen door
102
00:06:57,918 --> 00:07:01,811
So the toddler
can't try to escape.
103
00:07:01,905 --> 00:07:03,422
Who's got the infant
at this point?
104
00:07:03,649 --> 00:07:05,649
Um, my aunt dorris.
105
00:07:05,742 --> 00:07:09,819
Dorris says
the infant needs a bottle.
106
00:07:09,913 --> 00:07:12,747
I go up to the sink,
heat up the bottle
107
00:07:12,841 --> 00:07:14,916
Looked out the back window,
108
00:07:14,935 --> 00:07:18,270
(hesitating) and, uh,
I saw a child's body
109
00:07:18,497 --> 00:07:20,680
In the pool.
110
00:07:20,774 --> 00:07:24,526
I dropped everything.
I ran out the front door.
111
00:07:25,762 --> 00:07:28,262
I jump into the pool,
grab her,
112
00:07:28,282 --> 00:07:32,951
Jump straight back out,
and immediately start cpr.
113
00:07:33,178 --> 00:07:35,954
How long was the child
in the swimming pool?
114
00:07:36,181 --> 00:07:38,031
I know it could have only been
a few minutes,
115
00:07:38,183 --> 00:07:39,849
But, hell,
it could have happened
116
00:07:39,943 --> 00:07:41,793
As soon as I locked
and turned around.
117
00:07:42,946 --> 00:07:43,795
I don't know.
118
00:07:45,949 --> 00:07:48,041
At that point, you know...
119
00:07:48,193 --> 00:07:50,135
She spits up a lot of water.
120
00:07:50,362 --> 00:07:53,213
She spits up whatever snack
or something,
121
00:07:53,307 --> 00:07:54,764
That might have been an apple.
122
00:07:56,201 --> 00:07:57,642
I'm pushing on her chest.
123
00:07:58,812 --> 00:08:00,203
Was she breathing?
124
00:08:00,222 --> 00:08:01,146
No.
125
00:08:08,822 --> 00:08:11,806
Ambulances were showing up,
lights were going off.
126
00:08:11,900 --> 00:08:13,808
I'm still in work mode.
127
00:08:13,902 --> 00:08:15,977
I said, "this is what happened.
128
00:08:16,071 --> 00:08:20,648
"anything that you need from me,
you can take it, just help her."
129
00:08:20,667 --> 00:08:23,502
Because the quicker
that everybody's
on the same page,
130
00:08:23,653 --> 00:08:26,087
The more chance she has
of surviving.
131
00:08:27,582 --> 00:08:29,657
Then we get in the back
of the ambulance.
132
00:08:29,676 --> 00:08:32,585
I have to get in the front seat.
133
00:08:32,738 --> 00:08:37,164
-One of the paramedics
was working on her, so...
-Okay.
134
00:08:37,184 --> 00:08:39,267
All I could do was just
look back through the slot
135
00:08:40,912 --> 00:08:41,645
And hope.
136
00:08:44,173 --> 00:08:47,692
That day, everything
in your life just changed.
137
00:08:47,919 --> 00:08:51,679
No more house, no more kids,
no more life.
138
00:08:51,698 --> 00:08:52,864
How did you get through that?
139
00:08:53,091 --> 00:08:54,366
I mean, that's gotta be
devastating.
140
00:08:54,593 --> 00:08:55,450
I didn't.
141
00:08:56,870 --> 00:08:59,704
And, uh, it broke me.
142
00:09:00,523 --> 00:09:01,665
(sobs softly)
143
00:09:03,618 --> 00:09:04,376
(jerry speaks indistinctly)
144
00:09:06,772 --> 00:09:08,213
I see it every day.
145
00:09:11,626 --> 00:09:13,218
I can't unsee it.
146
00:09:16,557 --> 00:09:17,722
I'm sorry.
147
00:09:18,541 --> 00:09:19,391
Excuse me.
148
00:09:22,062 --> 00:09:22,894
(door closes)
149
00:09:25,715 --> 00:09:27,457
Marcelyn: I've been told
by the state
150
00:09:27,475 --> 00:09:29,050
That the mother is very adamant
151
00:09:29,144 --> 00:09:31,152
About prosecuting jerry.
152
00:09:33,556 --> 00:09:38,059
A lot of times it is based on
how the victim feels
about the case.
153
00:09:38,153 --> 00:09:41,304
So it's gonna be
very emotional for him
154
00:09:41,397 --> 00:09:43,081
To have to relive all of this.
155
00:09:43,308 --> 00:09:45,900
And then be questioned
on the stand.
156
00:09:45,919 --> 00:09:47,994
And how is gonna be
able to handle it
157
00:09:48,088 --> 00:09:51,089
When the prosecution really
puts the pressure on him?
158
00:09:51,316 --> 00:09:53,383
They're trying to make
him the villain.
159
00:09:55,503 --> 00:09:57,929
He needs to be ready.
He needs to be
prepared to fight.
160
00:09:59,749 --> 00:10:01,349
It's his life
that's on the line.
161
00:10:05,606 --> 00:10:09,441
(dramatic music playing)
162
00:10:09,668 --> 00:10:12,944
Marcelyn: Jerry cole, my client,
is charged with
aggravated child abuse.
163
00:10:14,673 --> 00:10:16,740
And prison time for that
is up to 30 years.
164
00:10:23,365 --> 00:10:26,107
I am on the way
to jerry's grandmother's house.
165
00:10:26,126 --> 00:10:27,700
We're going to try to re-enact
166
00:10:27,853 --> 00:10:29,777
What happened on the day
of the tragic incident
167
00:10:29,871 --> 00:10:33,114
To see how this child
could have gotten out
of the house
168
00:10:33,133 --> 00:10:35,191
And into the pool.
169
00:10:35,210 --> 00:10:38,044
Going into trial,
we don't want any surprises.
170
00:10:38,138 --> 00:10:40,263
We want to know
everything there is to know.
171
00:10:43,869 --> 00:10:47,370
So, jerry, who all
exactly was here that day?
172
00:10:47,389 --> 00:10:49,873
Dorris was in the house
holding the baby.
173
00:10:49,891 --> 00:10:53,318
That's my aunt.
And trish is my,
uh, sister-in-law.
174
00:10:53,469 --> 00:10:55,970
-Mm-hmm.
-She was here
with her two children.
175
00:10:55,989 --> 00:10:57,972
A 10-year old
and a six-year-old.
176
00:10:57,991 --> 00:11:01,401
So had you and the toddler
swam in this pool before?
177
00:11:01,553 --> 00:11:04,737
-Several times. Mm...
-Okay.
178
00:11:04,890 --> 00:11:08,408
We all got out of the pool
and went back into the house.
179
00:11:08,502 --> 00:11:10,001
Did the toddler want
to get out of the pool?
180
00:11:10,153 --> 00:11:11,127
No. None of them did.
181
00:11:16,918 --> 00:11:18,659
So you came in.
You locked the door.
182
00:11:18,679 --> 00:11:19,903
Then what happens?
183
00:11:19,996 --> 00:11:21,513
Well, the older two,
I told them,
184
00:11:21,740 --> 00:11:23,756
"hey, we're staying in here.
It's raining.
185
00:11:23,909 --> 00:11:26,075
Uh, we're gonna make some food."
186
00:11:26,094 --> 00:11:30,430
The younger one, well,
she tries to fight
to get out anyway
187
00:11:30,582 --> 00:11:32,357
Because she still wants
to go to the pool.
188
00:11:32,508 --> 00:11:34,526
Okay, well,
now you can't get out.
189
00:11:34,753 --> 00:11:35,694
No problem.
190
00:11:39,424 --> 00:11:43,702
I put it there specifically
so that the toddler
couldn't get out.
191
00:11:43,853 --> 00:11:46,687
So this is the only door
you were concerned with,
because...
192
00:11:46,707 --> 00:11:47,872
It's the only way in and out.
193
00:11:51,119 --> 00:11:52,618
Where was dorris sitting?
194
00:11:52,713 --> 00:11:55,788
She would have been sitting
at the far corner.
195
00:11:55,941 --> 00:11:58,216
So what did dorris
ask you to do?
196
00:11:58,443 --> 00:12:00,885
She asked if I can
make the baby a bottle
197
00:12:01,112 --> 00:12:03,179
Before she wakes up
so she doesn't start crying.
198
00:12:03,782 --> 00:12:04,556
Okay,
199
00:12:07,043 --> 00:12:08,618
So you would have
taken the bottle,
200
00:12:08,636 --> 00:12:10,228
-Put the formula down here.
-Jerry: Get some stuff.
201
00:12:12,974 --> 00:12:14,733
So the toddler's in there
with the other two girls,
202
00:12:15,885 --> 00:12:17,627
You think.
203
00:12:17,645 --> 00:12:20,697
And then there is a bathing suit
in the pool over here.
204
00:12:21,742 --> 00:12:22,866
And she is face-down.
205
00:12:25,470 --> 00:12:27,987
As soon as I saw her,
I ran out that way.
206
00:12:28,139 --> 00:12:31,207
I run the only way that you can
get out of the house
is through the front door.
207
00:12:34,087 --> 00:12:35,420
So when you came
out of the kitchen,
208
00:12:37,240 --> 00:12:38,831
Was this door locked
or unlocked?
209
00:12:38,984 --> 00:12:40,258
It would have been unlocked.
210
00:12:42,670 --> 00:12:45,263
I didn't break the lock
or anything,
there was no resistance,
211
00:12:45,414 --> 00:12:47,098
So I just moved it.
212
00:12:48,918 --> 00:12:50,268
As soon as I come out here
213
00:12:50,495 --> 00:12:51,936
I see the six-year-old
and the 10-year-old
214
00:12:52,088 --> 00:12:53,438
Just playing
with the toys there.
215
00:12:55,183 --> 00:12:58,276
So I immediately know
that it's not one of them.
216
00:12:58,427 --> 00:13:00,779
It's the toddler
and I run that way.
217
00:13:04,342 --> 00:13:06,785
So two little girls
on the front porch,
218
00:13:07,012 --> 00:13:08,694
One was 10.
219
00:13:08,789 --> 00:13:11,030
Would she had been
tall enough to reach the latch?
220
00:13:11,124 --> 00:13:12,532
-Yes.
-Okay.
221
00:13:12,626 --> 00:13:14,959
-The six-year-old
probably not. Okay.
-No.
222
00:13:18,356 --> 00:13:23,876
The question is,
who could have been able
to unlock the screen door?
223
00:13:24,029 --> 00:13:26,620
And obviously, the two girls
playing on the front porch,
224
00:13:26,640 --> 00:13:29,432
The 10-year-old would have been
tall enough to have been
able to have done that.
225
00:13:37,967 --> 00:13:41,711
If jerry's telling us
the truth, it wasn't his fault.
226
00:13:41,729 --> 00:13:44,489
You know, it was an accident,
and accidents happen.
227
00:13:46,401 --> 00:13:48,660
But the state wanna
blame somebody.
228
00:13:48,887 --> 00:13:51,162
Therefore, jerry is the person
to blame.1
229
00:13:54,817 --> 00:13:56,501
(melancholy music playing)
230
00:14:12,594 --> 00:14:14,927
His mother is so happy,
231
00:14:15,080 --> 00:14:17,246
To have him around,
you know what I mean?
232
00:14:17,340 --> 00:14:18,857
I rarely seen her that happy.
233
00:14:19,084 --> 00:14:21,342
And they talk a lot,
her and him, now.
234
00:14:21,361 --> 00:14:23,027
They're two
great people together.
235
00:14:25,348 --> 00:14:28,349
This is the picture
that they take
236
00:14:28,443 --> 00:14:31,369
Before you get into the military
or right when you join up.
237
00:14:32,931 --> 00:14:34,280
Yeah, but when
you went overseas,
238
00:14:34,374 --> 00:14:35,540
It was awful.
239
00:14:46,961 --> 00:14:49,536
There was not a day
240
00:14:49,631 --> 00:14:52,891
That we did not get
into an active firefight
with the enemy.
241
00:14:54,210 --> 00:14:55,894
Watch my friends get blown up.
242
00:14:57,789 --> 00:14:59,731
It was hell.
243
00:14:59,882 --> 00:15:03,234
One of the hurdles
is getting through
the gross smells and the blood
244
00:15:03,386 --> 00:15:05,795
And just trying
to get in the mindset
245
00:15:05,813 --> 00:15:08,555
Of, "if I don't do this,
they're going to die."
246
00:15:08,575 --> 00:15:11,634
You have to do it.
247
00:15:11,727 --> 00:15:16,897
And this is just the three
of my closer friends
that died over there.
248
00:15:16,917 --> 00:15:20,585
When we got back
we decided
we would get some tattoos.
249
00:15:23,648 --> 00:15:24,422
Yeah.
250
00:15:40,106 --> 00:15:43,608
I tried to work on the ambulance
for a few more months
251
00:15:43,835 --> 00:15:46,277
But after everything happened,
it just...
252
00:15:46,429 --> 00:15:48,688
It broke me to the point
253
00:15:48,782 --> 00:15:51,449
Where I didn't think
I could help other people.
254
00:15:53,695 --> 00:15:54,744
I'm worried that...
255
00:15:56,439 --> 00:15:58,864
The justice system is, you know,
256
00:15:59,017 --> 00:16:01,867
Gonna put him in prison
for something
that was an accident.
257
00:16:01,962 --> 00:16:05,354
I know that he really
didn't have control over it.
258
00:16:05,448 --> 00:16:09,208
He did the best he could,
you know,
259
00:16:09,360 --> 00:16:11,636
With his medical background
and everything.
260
00:16:13,306 --> 00:16:15,139
I just hope everybody
understands
261
00:16:15,366 --> 00:16:17,141
How good of a person
he really is.
262
00:16:38,740 --> 00:16:39,980
John: Hey, there.
263
00:16:40,000 --> 00:16:41,148
Everything going okay?
264
00:16:41,242 --> 00:16:42,000
Everything's going great.
265
00:16:49,175 --> 00:16:52,735
The main issue, I think
that the state has against jerry
266
00:16:52,754 --> 00:16:54,920
Is that there is an
inconsistency in the story.
267
00:16:55,073 --> 00:16:56,163
John: Okay.
268
00:16:56,182 --> 00:16:58,257
I actually have his interview
on video
269
00:16:58,351 --> 00:16:59,759
And I was going to show you
a little bit of that.
270
00:16:59,911 --> 00:17:01,502
-Oh, good. Okay. Yeah.
-Okay?
271
00:17:01,521 --> 00:17:02,353
Marcelyn: Here we go.
272
00:17:56,076 --> 00:17:57,891
Marcelyn: All right.
That's story number one.
273
00:17:57,911 --> 00:17:59,318
Okay.
274
00:17:59,470 --> 00:18:01,637
Now we're going to listen
to the second story.
275
00:18:01,656 --> 00:18:04,140
Okay. When did the second story
take place?
276
00:18:04,233 --> 00:18:06,209
-Same interview.
-Same time, ok.
277
00:18:55,969 --> 00:18:58,027
See, that's the issue.
278
00:18:58,045 --> 00:19:00,696
What he's saying is,
he did not see her
run past the window...
279
00:19:00,715 --> 00:19:02,698
-Okay.
-...And climb up the steps
and fall in.
280
00:19:02,717 --> 00:19:04,308
That's what he said
on the first interview.
281
00:19:22,570 --> 00:19:25,070
All right, so you see
the difference
in the two stories?
282
00:19:25,223 --> 00:19:26,572
Yeah, yeah.
283
00:19:26,724 --> 00:19:30,817
So that is going to be
I think, the state's case.
284
00:19:30,837 --> 00:19:34,154
That he told
an inconsistent story.
285
00:19:34,248 --> 00:19:36,507
They're not gonna
say it that nice,
they're gonna say he lied.
286
00:19:41,014 --> 00:19:42,972
(dramatic music playing)
287
00:19:56,771 --> 00:19:58,345
Marcelyn: Jerry is gonna have
to explain to me
288
00:19:58,364 --> 00:20:00,531
Why, when he was
first questioned initially,
289
00:20:00,683 --> 00:20:02,867
He didn't tell the exact truth
of what happened.
290
00:20:04,278 --> 00:20:05,928
Marcelyn: How are you today?
291
00:20:06,021 --> 00:20:07,854
Marcelyn: Why would he do that?
292
00:20:07,949 --> 00:20:13,044
My experience is that juries
don't like inconsistencies.
293
00:20:14,439 --> 00:20:16,547
Okay.
294
00:20:16,774 --> 00:20:18,716
What we're going over
today is the state's case.
295
00:20:20,127 --> 00:20:22,869
They are going to say
that you lied
296
00:20:22,889 --> 00:20:24,722
Because you did something wrong.
297
00:20:25,967 --> 00:20:27,892
So my question to you is,
298
00:20:28,043 --> 00:20:30,394
Why did you say
that you saw her
299
00:20:31,289 --> 00:20:32,230
Climb up the ladder,
300
00:20:33,641 --> 00:20:34,732
And jump into the pool.
301
00:20:36,236 --> 00:20:37,718
I came up with the story
302
00:20:37,737 --> 00:20:40,554
Because something tragic
like this happens
303
00:20:40,573 --> 00:20:42,073
They're gonna start
pointing fingers.
304
00:20:44,744 --> 00:20:46,911
It's 'cause
I didn't have eyes on her.
305
00:20:49,490 --> 00:20:52,232
Could you see that that might be
a problem for us with the jury?
306
00:20:52,252 --> 00:20:53,659
Yeah,
307
00:20:53,811 --> 00:20:55,253
I had to believe it was true.
308
00:20:56,572 --> 00:20:58,330
I had to believe it myself.
309
00:20:58,424 --> 00:21:02,242
I figured if I said it enough
it would be true,
310
00:21:02,262 --> 00:21:05,337
And, you know,
she couldn't be hurt.
311
00:21:05,490 --> 00:21:08,991
So in your mind,
that's what you wanted
to have been the truth,
312
00:21:09,010 --> 00:21:11,677
Even though you know that
that was not the truth.
313
00:21:11,829 --> 00:21:13,437
I had to believe it.
314
00:21:16,000 --> 00:21:18,684
Well, these are going to be
the inconsistencies
315
00:21:18,836 --> 00:21:21,595
That the da is gonna pounce on.
316
00:21:21,614 --> 00:21:23,447
And so we're going to make sure
the jury understands
317
00:21:23,599 --> 00:21:25,074
That you corrected
what you said,
318
00:21:26,694 --> 00:21:28,619
And then you told them
exactly what happened.
319
00:21:30,123 --> 00:21:31,956
(dramatic music playing)
320
00:21:34,519 --> 00:21:36,943
Marcelyn: The prosecution
will try to make jerry
out to be a person
321
00:21:36,963 --> 00:21:39,522
That the jury
should not believe.
322
00:21:39,615 --> 00:21:42,858
So he needs to go home
and he needs to relive this
over in his head,
323
00:21:42,877 --> 00:21:44,785
Of what he's gonna say.
324
00:21:44,804 --> 00:21:48,472
To tell the jury exactly why
he said what he said.
325
00:21:48,699 --> 00:21:51,767
Jerry's story has to appear
true in court
for the jury to believe him.
326
00:21:53,037 --> 00:21:54,603
If not, they'll find him guilty.
327
00:22:03,564 --> 00:22:05,381
Hey, jerry.
328
00:22:05,399 --> 00:22:08,217
-Hey.
-How you doing?
329
00:22:08,235 --> 00:22:09,160
Come on in.
330
00:22:20,247 --> 00:22:23,582
It really sucks knowing that
there will be somebody
out there,
331
00:22:23,734 --> 00:22:25,584
They could look at me and say,
332
00:22:25,678 --> 00:22:28,471
"yeah, I believe you would
absolutely hurt your kid."
333
00:22:29,924 --> 00:22:31,515
That makes me really mad.
334
00:22:33,077 --> 00:22:35,244
I hear a lot of anger in there.
335
00:22:35,337 --> 00:22:37,355
Oh, definitely. Definitely.
336
00:22:39,083 --> 00:22:40,858
There's no way
that it should have happened
337
00:22:41,085 --> 00:22:42,342
There is no way that
it could've happened,
338
00:22:42,362 --> 00:22:44,177
I made sure that it couldn't.
339
00:22:44,197 --> 00:22:45,771
And then it still did.
340
00:22:45,865 --> 00:22:49,033
Like, the worst case scenario
that you can think of,
341
00:22:49,260 --> 00:22:51,351
When trying to play
in the swimming pool,
342
00:22:51,371 --> 00:22:53,871
Is that you look back
and that your kid
343
00:22:54,022 --> 00:22:55,522
Is face-down
in the swimming pool.
344
00:22:55,541 --> 00:22:57,041
That is nightmare.
345
00:22:59,545 --> 00:23:00,378
It's okay.
346
00:23:02,957 --> 00:23:04,215
(breathes heavily)
347
00:23:08,388 --> 00:23:11,180
Sometimes if we express
those feelings and get them out,
348
00:23:13,134 --> 00:23:13,891
It helps us.
349
00:23:16,729 --> 00:23:20,139
They, you know, want to put me
in prison for 30 years.
350
00:23:20,291 --> 00:23:22,566
But there's still
a fight going on.
351
00:23:22,718 --> 00:23:24,476
And, I'm not
going to take the fall
352
00:23:24,570 --> 00:23:26,237
For something that happened
on god's watch.
353
00:23:47,093 --> 00:23:49,168
John: Dorris is one of the few
people that was there.
354
00:23:49,262 --> 00:23:51,837
Maybe she can tell me
355
00:23:51,989 --> 00:23:54,932
Exactly what she thinks happened
356
00:23:55,083 --> 00:23:56,992
As far as
the defendant's actions,
357
00:23:57,085 --> 00:23:58,343
Or the little girl's actions,
358
00:23:58,496 --> 00:23:59,678
Or how maybe the little girl
359
00:23:59,830 --> 00:24:01,063
Could have gotten
out of the house.
360
00:24:12,434 --> 00:24:14,026
-Hello.
-Dorris: Hello.
361
00:24:14,178 --> 00:24:15,619
-Are you dorris?
-Yes, sir.
362
00:24:17,531 --> 00:24:18,864
I understand, uh,
363
00:24:19,016 --> 00:24:21,608
When the accident happened,
you were here.
364
00:24:21,627 --> 00:24:24,611
Yes, sir.
I was keeping the little baby.
365
00:24:24,630 --> 00:24:27,631
And so trish's
two girls was here,
366
00:24:27,858 --> 00:24:29,541
So they all wanted
to go swimming.
367
00:24:29,694 --> 00:24:31,469
And they stayed out there
for, I don't know,
368
00:24:31,696 --> 00:24:33,471
Maybe an hour
of swimming and playing.
369
00:24:33,698 --> 00:24:35,473
And so they came in.
He latched the door.
370
00:24:36,476 --> 00:24:37,308
Okay.
371
00:24:38,311 --> 00:24:40,202
The baby's crying.
372
00:24:40,295 --> 00:24:42,037
I said, "while I..." you know,
told trish
I'll go fix a bottle.
373
00:24:42,056 --> 00:24:44,206
And jerry said,
"well, I'll go ahead and do it."
374
00:24:44,299 --> 00:24:45,541
And that's when the little girls
375
00:24:45,634 --> 00:24:47,318
Wanted to come
play on the porch.
376
00:24:47,545 --> 00:24:50,212
Did you see the little girls
come out here?
377
00:24:50,305 --> 00:24:52,564
-Trish's two girls?
-Yeah, I seen
trish's two girls come out.
378
00:24:52,717 --> 00:24:54,233
Okay.
379
00:24:54,385 --> 00:24:56,401
Did they have to unlock the door
380
00:24:56,554 --> 00:24:57,978
-To come out?
-Yes, yes.
381
00:24:58,072 --> 00:24:59,663
-Did you, did you see...
-The oldest one,
the oldest one.
382
00:25:04,578 --> 00:25:07,320
You saw the older of the two...
383
00:25:07,340 --> 00:25:08,506
-Yeah.
-...Unlock the door?
384
00:25:08,733 --> 00:25:10,232
Yes.
385
00:25:10,251 --> 00:25:12,176
Did jerry stop
and unlock that door?
386
00:25:12,403 --> 00:25:13,177
No.
387
00:25:15,181 --> 00:25:16,514
I just saw a blur,
388
00:25:16,741 --> 00:25:18,423
And next thing I knew,
I heard the door...
389
00:25:18,518 --> 00:25:19,683
(hinges creaking)
390
00:25:19,835 --> 00:25:20,834
-...Slam like that.
-(door slams)
391
00:25:20,853 --> 00:25:22,353
Okay.
392
00:25:22,504 --> 00:25:23,762
It was a freak accident,
393
00:25:23,914 --> 00:25:26,932
But I should've got up
and double checked.
394
00:25:27,084 --> 00:25:28,174
-You know, I feel...
-Well, we...
395
00:25:28,194 --> 00:25:29,026
...Responsible for that part.
396
00:25:33,348 --> 00:25:36,200
When dorris first told me
that she actually saw
397
00:25:36,351 --> 00:25:39,111
Jerry cole latch the door,
398
00:25:39,263 --> 00:25:41,855
I was just really,
really pleased
399
00:25:41,949 --> 00:25:45,692
Because I think
it's very, very important
in showing that
400
00:25:45,786 --> 00:25:47,503
Jerry was being truthful.
401
00:26:09,551 --> 00:26:11,293
Hey, jerry, it's marcelyn.
402
00:26:11,312 --> 00:26:12,385
(jerry speaking over phone)
403
00:26:12,479 --> 00:26:13,962
I'm good. I'm good.
404
00:26:13,981 --> 00:26:15,197
We have got an offer
from the district attorney.
405
00:26:16,483 --> 00:26:17,633
All right, thanks, jerry.
406
00:26:17,651 --> 00:26:19,410
(suspenseful music playing)
407
00:26:22,489 --> 00:26:23,706
Come on in, jerry. Have a seat.
408
00:26:26,234 --> 00:26:27,418
Sit right here
and I'll set over here.
409
00:26:32,483 --> 00:26:34,316
All right, jerry.
So we have gotten an offer
410
00:26:34,409 --> 00:26:37,243
From the state on your case.
411
00:26:37,338 --> 00:26:40,155
As you know, you're charged
with aggravated child abuse,
412
00:26:40,174 --> 00:26:43,992
A class a felony,
up to 30 years in prison.
413
00:26:44,086 --> 00:26:45,936
Well, the offer is a good offer.
414
00:26:46,088 --> 00:26:48,272
It's coming in
as a class a misdemeanor,
415
00:26:48,499 --> 00:26:50,107
Endangering
the welfare of a child.
416
00:26:52,945 --> 00:26:55,838
The maximum jail time
is 12 months in the county jail.
417
00:26:55,931 --> 00:26:58,857
But they're going
to suspend that sentence
418
00:26:58,951 --> 00:27:02,527
And put you on 24 months
supervised probation.
419
00:27:02,622 --> 00:27:04,437
One of the elements
the state would have to prove
420
00:27:04,457 --> 00:27:07,440
Is willful
maltreatment of the child.
421
00:27:07,460 --> 00:27:08,792
I don't think
they can prove that element.
422
00:27:12,873 --> 00:27:14,781
If you pled to that offer,
423
00:27:14,800 --> 00:27:16,708
What you would be saying,
well, basically,
424
00:27:16,802 --> 00:27:18,636
That you were negligent
in watching the child.
425
00:27:20,473 --> 00:27:21,472
You would have to
426
00:27:23,534 --> 00:27:24,975
Swear,
427
00:27:25,202 --> 00:27:28,036
That you were guilty
of this offense,
428
00:27:28,055 --> 00:27:30,630
And on your record
you would have a misdemeanor.
429
00:27:30,724 --> 00:27:32,316
But the case will be over with.
430
00:27:33,986 --> 00:27:36,320
Or you can go to trial
and you could lose.
431
00:27:36,471 --> 00:27:38,380
It's a gamble either way you go
because you never know
432
00:27:38,473 --> 00:27:39,823
What 12 people are gonna
do in a jury box.
433
00:27:42,887 --> 00:27:45,162
Are you interested
in taking the, uh...
The plea deal?
434
00:27:46,982 --> 00:27:48,666
(suspenseful music playing)
435
00:27:56,567 --> 00:27:58,300
(suspenseful music playing)
436
00:28:17,530 --> 00:28:19,530
Are you interested
in taking the, uh...
The plea deal?
437
00:28:26,597 --> 00:28:27,854
No.
438
00:28:27,873 --> 00:28:29,373
Absolutely not.
439
00:28:30,876 --> 00:28:31,709
Okay.
440
00:28:32,712 --> 00:28:33,544
Not gonna happen.
441
00:28:35,956 --> 00:28:37,439
I understand the risks.
442
00:28:37,532 --> 00:28:38,674
-Good.
-Whatever it takes.
443
00:28:40,553 --> 00:28:45,055
So now what we do is prepare
to fight their issues.
444
00:28:45,207 --> 00:28:46,724
To convince the jury.
445
00:28:46,951 --> 00:28:48,016
We're going
all the way with this.
446
00:28:49,303 --> 00:28:50,786
(sighs) but the other thing is,
447
00:28:50,804 --> 00:28:52,229
You're going to have to be
prepared to see the child.
448
00:28:53,123 --> 00:28:54,231
Right.
449
00:28:54,458 --> 00:28:56,458
When they bring the child in
in a wheelchair,
450
00:28:56,551 --> 00:28:58,736
I don't know
what that's going to do
to the jury's emotions.
451
00:28:58,887 --> 00:29:01,071
-I don't know what it's gonna do
to mine either.
-I know.
452
00:29:01,223 --> 00:29:02,573
And also, your ex-fiancee.
453
00:29:04,076 --> 00:29:05,968
I'm sure they'll all be there.
454
00:29:05,986 --> 00:29:07,911
You're gonna have to
get prepared for the trial.
455
00:29:12,418 --> 00:29:15,735
Jerry: There's no way in hell
that I would hurt my kid.
456
00:29:15,755 --> 00:29:17,755
I'm not going to stand up there
and swear that I did it.
457
00:29:18,832 --> 00:29:19,757
Especially if it's not true.
458
00:29:21,001 --> 00:29:21,925
That's not gonna happen.
459
00:29:25,431 --> 00:29:29,099
Jerry is not willing
to take any offer,
regardless of what it is.
460
00:29:29,251 --> 00:29:32,327
You know, I think that says
a lot about jerry's character
461
00:29:32,346 --> 00:29:36,440
And how confident he is
in the judicial system
462
00:29:36,591 --> 00:29:37,441
To find him innocent.
463
00:29:40,354 --> 00:29:43,355
But I am going to tell you,
you never know
what a jury is going to do.
464
00:29:43,507 --> 00:29:47,100
With the child being
involved, of course,
it increased the risk
465
00:29:47,119 --> 00:29:49,602
Because of sympathy
from the jury.
466
00:29:49,696 --> 00:29:52,848
And them ruling
on their feelings
versus on the facts.
467
00:29:52,866 --> 00:29:56,460
So there's always a gamble
468
00:29:56,687 --> 00:29:58,295
And jerry's willing
to take that gamble.
469
00:30:04,711 --> 00:30:06,470
(suspenseful music playing)
470
00:30:26,216 --> 00:30:29,234
Jerry: Mike laid up in bed
for about two weeks
with his stomach,
471
00:30:29,386 --> 00:30:31,161
And my mom got fed up with him.
472
00:30:31,388 --> 00:30:34,072
Like, not even concerned,
just mad.
473
00:30:34,224 --> 00:30:37,392
"all right. You feel that bad,
we're going to the doctor."
474
00:30:37,411 --> 00:30:40,170
And I'm pretty sure
that really broke her heart
475
00:30:40,397 --> 00:30:42,673
Because it turns out
he had stomach cancer.
476
00:30:47,421 --> 00:30:49,513
We don't know
what kind or how far,
477
00:30:49,740 --> 00:30:52,407
Because before they could
even get that far,
478
00:30:52,426 --> 00:30:55,243
He caught covid in the hospital.
479
00:30:55,262 --> 00:30:58,580
So I guess we're just...
We're waiting on answers.
480
00:30:58,599 --> 00:31:01,416
They say they're not
going to do anything
about his cancer
481
00:31:01,509 --> 00:31:02,651
Until the covid clears up.
482
00:31:05,013 --> 00:31:06,363
(barbara sniffles)
483
00:31:06,514 --> 00:31:07,322
How you holding up?
484
00:31:08,275 --> 00:31:09,199
I'm trying, yeah.
485
00:31:10,202 --> 00:31:11,351
It's hard.
486
00:31:11,370 --> 00:31:13,353
Yeah, I know.
487
00:31:13,372 --> 00:31:17,523
I went in to talk
to marcelyn the other day.
488
00:31:17,543 --> 00:31:19,784
-Yeah.
-I told you she had a plea.
489
00:31:19,937 --> 00:31:21,211
-You want to hear it?
-Yeah.
490
00:31:22,289 --> 00:31:23,547
You know, no jail time.
491
00:31:25,275 --> 00:31:29,945
But I would still
have to say I'm guilty.
492
00:31:30,038 --> 00:31:31,847
I would still have to
raise up my hand,
493
00:31:33,559 --> 00:31:36,184
Look 'em all in the eye
and say, "yes, I did this."
494
00:31:38,122 --> 00:31:39,563
Baby, if it comes back to that,
495
00:31:41,308 --> 00:31:43,049
It means I lose you
forever or not.
496
00:31:43,068 --> 00:31:43,901
I don't want that.
497
00:31:45,905 --> 00:31:48,296
No which way is good.
498
00:31:48,315 --> 00:31:50,407
You know, I'm just, I'm scared.
499
00:31:50,558 --> 00:31:51,867
I'm scared
I'm gonna lose michael.
500
00:31:54,138 --> 00:31:55,746
And then I'm scared
I'm gonna lose you, too.
501
00:31:58,642 --> 00:32:01,567
I don't want to lose
either one of y'all.
502
00:32:01,587 --> 00:32:05,163
You know, hope for the best,
but pray for the worst.
503
00:32:05,257 --> 00:32:07,832
(voice breaking) I know,
'cause I can't lose both of you.
504
00:32:07,985 --> 00:32:09,259
I can't lose either one of you.
505
00:32:15,768 --> 00:32:16,600
Come here.
506
00:32:19,346 --> 00:32:21,271
(barbara speaking)
507
00:32:36,771 --> 00:32:37,955
(dramatic music playing)
508
00:32:48,450 --> 00:32:49,858
-Hi.
-Hey there. How are you?
509
00:32:49,951 --> 00:32:50,926
-I'm good, how are you?
-Good.
510
00:32:59,645 --> 00:33:02,554
-I spoke to
the mother of the toddler and...
-Hmm.
511
00:33:02,706 --> 00:33:06,650
I was able to ask her,
what do you think
should happen
512
00:33:08,136 --> 00:33:10,061
-To jerry, because of this,
-yeah.
513
00:33:10,155 --> 00:33:12,380
Just point blank,
do you think he should serve
514
00:33:12,399 --> 00:33:14,232
-Prison time for this?
-Mm-hmm.
515
00:33:14,326 --> 00:33:18,978
And she would not give
a real strong answer.
516
00:33:18,998 --> 00:33:20,980
She just stammered
around a little bit
517
00:33:21,000 --> 00:33:23,483
And said, "I'm just going
to leave it in god's hands."
518
00:33:23,502 --> 00:33:25,560
Okay.
519
00:33:25,653 --> 00:33:29,155
It sounds like she
has understood that it's...
It was an accident.
520
00:33:29,174 --> 00:33:32,751
She's not hateful
or hostile towards jerry
521
00:33:32,845 --> 00:33:35,920
-Because of this, she's just...
-That's good.
522
00:33:36,073 --> 00:33:39,016
-...Hateful and hostile towards
the incident.
-Okay.
523
00:33:41,762 --> 00:33:43,854
So that's good. That's good.
524
00:33:44,005 --> 00:33:45,689
This way we can do
whatever it takes
525
00:33:45,916 --> 00:33:47,024
To try to get
the case dismissed.
526
00:33:49,086 --> 00:33:52,604
Because she, I think
she understands that...
527
00:33:52,756 --> 00:33:55,090
Well, hopefully,
she understands that the man
that she was gonna marry
528
00:33:55,183 --> 00:33:56,533
Would not do this intentionally.
529
00:34:01,782 --> 00:34:05,600
Marcelyn: I've been told
that the mother is very
adamant about prosecuting.
530
00:34:05,619 --> 00:34:08,545
Well, after the investigator
went to speak with her,
531
00:34:08,696 --> 00:34:10,714
That doesn't
seem to be the case,
532
00:34:10,941 --> 00:34:13,291
And I want to state
to see that.
533
00:34:13,385 --> 00:34:16,795
If the mother says,
"look, let's just end it now
534
00:34:16,947 --> 00:34:19,631
"so I don't have
to come to trial and testify."
535
00:34:19,783 --> 00:34:23,226
That would help
to get the motion to dismiss.
536
00:34:23,378 --> 00:34:27,622
So we're gonna go ahead
and give the prosecutor
a copy of the interview.
537
00:34:27,715 --> 00:34:30,400
'cause if it helps
to get this case dismissed,
I think it's well worth it.
538
00:34:53,425 --> 00:34:55,258
(barbara sobbing)
539
00:34:56,744 --> 00:34:59,321
Um, mike passed away
in the hospital.
540
00:34:59,339 --> 00:35:01,098
Cancer, uh, caught him.
541
00:35:03,844 --> 00:35:07,996
They said his body wasn't strong
enough to survive the chemo
and the radiation.
542
00:35:08,014 --> 00:35:09,272
So...
543
00:35:09,499 --> 00:35:13,184
It was basically
a death sentence anyway.
544
00:35:13,278 --> 00:35:17,597
But, they were talking
more of, you know, weeks,
545
00:35:17,691 --> 00:35:18,949
Maybe a couple of months.
546
00:35:21,269 --> 00:35:24,621
And it was the very next day
at 10:00 o'clock that night.
547
00:35:26,683 --> 00:35:29,292
Saturday. Passed away
in his sleep.
548
00:35:30,871 --> 00:35:31,628
(jerry whispering)
549
00:35:35,450 --> 00:35:38,301
Jerry: My mom,
uh, this broke her.
550
00:35:38,453 --> 00:35:40,262
(melancholy music playing)
551
00:35:42,975 --> 00:35:45,976
Jerry: I mean, it...
It came on quick.
552
00:35:47,646 --> 00:35:51,815
And she just didn't have
time to process anything.
553
00:35:57,322 --> 00:36:00,382
Losing michael,
and then turn around
and losing you too, I just...
554
00:36:00,400 --> 00:36:01,491
That's just something that I...
555
00:36:03,811 --> 00:36:06,571
I don't think
I'd be able to handle it.
556
00:36:06,723 --> 00:36:07,789
I just don't think, at all.
557
00:36:21,013 --> 00:36:23,013
(dramatic music playing)
558
00:36:29,930 --> 00:36:31,855
(cell phone ringing)
559
00:36:33,358 --> 00:36:34,357
Hello.
560
00:36:37,771 --> 00:36:39,845
All right. I will.
All right.
561
00:36:39,940 --> 00:36:41,031
Bye. Yeah, buh-bye.
562
00:36:55,605 --> 00:36:57,339
Hey, jerry. Come on in.
Have a seat.
563
00:36:59,125 --> 00:37:03,202
(suspenseful music playing)
564
00:37:03,296 --> 00:37:08,058
Okay. So, we have just got
another offer from the state.
565
00:37:15,475 --> 00:37:18,476
We have just got another offer.
And the offer is...
566
00:37:18,628 --> 00:37:21,312
Giving false information
to a police officer.
567
00:37:21,465 --> 00:37:23,389
It's a class a misdemeanor.
568
00:37:23,483 --> 00:37:26,634
Twelve months,
suspended sentence,
no time served.
569
00:37:26,653 --> 00:37:29,204
They have acknowledged
that you didn't do anything
to this child.
570
00:37:32,751 --> 00:37:34,876
So, I think this is something
you really need to consider.
571
00:37:36,237 --> 00:37:38,146
Jerry: Four years
and here it is.
572
00:37:38,164 --> 00:37:40,331
One week before
and now they're saying,
573
00:37:40,484 --> 00:37:44,427
"well, okay, okay.
Well, you didn't hurt her,
but you did lie."
574
00:37:46,823 --> 00:37:47,597
(sighs)
575
00:37:50,435 --> 00:37:53,586
Frustrating and relieving
at the same time, I guess.
576
00:37:53,605 --> 00:37:54,437
But...
577
00:37:57,609 --> 00:38:02,112
Marcelyn: I just wanted you
to understand that we spoke
with your ex-fiancee.
578
00:38:02,339 --> 00:38:03,446
Yeah.
579
00:38:03,598 --> 00:38:04,948
Marcelyn: And she had
to agree to this.
580
00:38:07,010 --> 00:38:08,118
And that's why
you got the offer.
581
00:38:10,122 --> 00:38:12,605
I'm really happy that...
582
00:38:12,624 --> 00:38:15,625
You know, she doesn't believe
that I did this, because...
583
00:38:18,630 --> 00:38:19,854
Um...
584
00:38:19,873 --> 00:38:21,947
(inhales)
585
00:38:21,967 --> 00:38:24,092
That's really
what hurt the most.
586
00:38:28,640 --> 00:38:30,640
Marcelyn: So, I know you may
want to think about it,
587
00:38:30,867 --> 00:38:32,809
But I don't want to stand
next to you
588
00:38:32,960 --> 00:38:34,536
When the judge
gives you 30 years,
589
00:38:34,629 --> 00:38:37,647
If the jury finds you guilty.
590
00:38:37,799 --> 00:38:41,467
Jerry: I do think
it's probably as good of a deal
as you're gonna get.
591
00:38:41,486 --> 00:38:45,805
But I'm not gonna jump
into anything till I've had
a minute to think about it.
592
00:38:45,824 --> 00:38:46,656
(whispers) yeah.
593
00:38:51,163 --> 00:38:53,738
Jerry: I shouldn't have to plead
to anything.
594
00:38:53,832 --> 00:38:56,833
I, honestly, just want it
outright dismissed.
595
00:38:57,060 --> 00:38:59,577
So, I'll sleep on it,
but either way it goes,
596
00:38:59,729 --> 00:39:01,004
I'm gonna have to do something.
597
00:39:03,324 --> 00:39:06,843
It would be very unwise
for jerry not to accept
this offer.
598
00:39:07,070 --> 00:39:08,678
And to take the chance
of going to trial.
599
00:39:10,090 --> 00:39:12,907
And getting a 30-year sentence.
600
00:39:13,000 --> 00:39:16,077
Marcelyn: But jerry
did turn down the first
misdemeanor offer.
601
00:39:16,170 --> 00:39:18,521
So the ultimate decision
is his.
602
00:39:27,032 --> 00:39:29,866
(dramatic music playing)
603
00:39:44,958 --> 00:39:47,867
Marcelyn: Jerry has been offered
a fantastic misdemeanor deal,
604
00:39:47,886 --> 00:39:51,054
But I can only advise
as a defense attorney,
it's all up to him.
605
00:39:54,876 --> 00:39:57,060
It's definitely a gamble.
606
00:39:57,287 --> 00:39:59,044
Jerry is going
to have to be the one
607
00:39:59,064 --> 00:40:00,897
To make the decision
whether to roll the dice or not.
608
00:40:03,143 --> 00:40:04,901
(suspenseful music playing)
609
00:40:44,943 --> 00:40:47,593
Jerry: You okay?
Barbara: Mm-hm. You?
610
00:40:47,612 --> 00:40:48,611
Yeah.
611
00:40:53,935 --> 00:40:56,177
(solemn instrumental
music playing)
612
00:40:56,196 --> 00:41:01,416
I took the plea deal
for a misdemeanor
of lying to the cops.
613
00:41:06,690 --> 00:41:09,966
They gave me 12 months
unsupervised probation.
614
00:41:11,470 --> 00:41:13,803
A little bit of court costs
and that's it.
615
00:41:17,642 --> 00:41:20,384
I really don't know how much
more I can thank you.
616
00:41:20,479 --> 00:41:23,480
-And I know you did everything.
-(chuckling)
617
00:41:24,483 --> 00:41:25,315
You're so sweet.
618
00:41:27,227 --> 00:41:28,893
You're welcome. You're welcome.
619
00:41:29,045 --> 00:41:30,135
(barbara speaking indistinctly)
620
00:41:30,230 --> 00:41:31,154
Marcelyn: Any time.
621
00:41:32,732 --> 00:41:34,716
I think he did the right thing,
622
00:41:34,809 --> 00:41:38,903
And I think that he's glad
to have it over with,
and I think it ended well.
623
00:41:39,055 --> 00:41:40,830
It probably hasn't fully
hit me yet, but...
624
00:41:42,225 --> 00:41:43,333
I don't think
it's hit me either.
625
00:41:44,318 --> 00:41:46,060
You know, it's crazy.
626
00:41:46,153 --> 00:41:47,895
We've been fighting this
for four years,
627
00:41:47,914 --> 00:41:49,914
I go in there, and
in five minutes, it's over.
628
00:41:50,066 --> 00:41:50,965
Well...
629
00:41:52,511 --> 00:41:53,343
It's a good thing.
630
00:41:54,571 --> 00:41:55,345
Yeah.
631
00:41:58,074 --> 00:41:59,832
(sighs)
632
00:41:59,926 --> 00:42:01,518
-You ready to go home?
-Mm-hmm.
633
00:42:02,428 --> 00:42:03,836
-Me too.
-Let's go.
634
00:42:03,855 --> 00:42:04,812
Yeah.
635
00:42:08,918 --> 00:42:10,485
Marcelyn: Horrible things
can happen in minutes,
636
00:42:12,438 --> 00:42:17,016
That have life-altering
consequences for lots of people,
637
00:42:17,110 --> 00:42:18,368
And especially the child.
638
00:42:19,612 --> 00:42:21,204
And we wish the child the best.
639
00:42:24,376 --> 00:42:28,211
I know she's not my biological
daughter, but she's safe.
640
00:42:28,438 --> 00:42:29,546
She's alive.
641
00:42:29,697 --> 00:42:30,772
She's got her mother.
642
00:42:30,790 --> 00:42:32,340
She's got her little sister.
643
00:42:34,277 --> 00:42:35,051
So...
644
00:42:37,614 --> 00:42:40,181
I guess I just got to go figure
out what to do with myself.