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.