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00:00:05,247 --> 00:00:07,172
(suspenseful music playing)
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00:00:09,902 --> 00:00:11,826
(telephone ringing)
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(911 operator speaking)
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00:00:14,682 --> 00:00:15,514
(man speaking)
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00:00:20,429 --> 00:00:24,931
(911 operator speaking)
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(policewoman speaking)
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-(911 operator speaking)
-(policewoman speaking)
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Sakai: It was
a normal school day.
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Woke up, went to school,
was on time.
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Reporter: Gunfire
on the far edge of
canyon springs high school.
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An 18-year-old shot
and killed
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At the baseball field
at the school.
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Sakai: After hearing
the gunshots,
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We ran the same way
everybody else ran.
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Reporter: 16-year-old
sakai kayin-french,
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Booked for murder
with a deadly weapon,
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And possession
of a dangerous weapon
on school property.
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Ryan: We don't want
an innocent kid to go to prison
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For a crime that he didn't do.
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Sakai: You gonna
fight it and fight it,
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Until you can't fight it
no more.
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(suspenseful music playing)
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Ryan: My name is ryan helmick.
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I'm a criminal defense lawyer
here in las vegas.
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And I represent sakai french.
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Sakai is being accused
of first-degree murder
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For the killing of an individual
named dalvin brown.
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This incident occurred
on 9-11-2018
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On the school grounds
of canyon springs high school,
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Sakai french was 16 years old
at the time of this
alleged crime.
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What happened was one of
sakai's friends was getting
jumped after school
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By three individuals,
including dalvin,
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Who was the victim in this case.
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They were stomping him,
they were punching him.
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And so, at some point,
with multiple people around,
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Somebody pulls out a gun
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And shoots, uh, dalvin,
and ultimately kills him.
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The prosecutor's position,
in a nutshell,
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Is that sakai
brought a gun to the school,
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And when he saw
his friend getting beat up
by three other individuals,
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He shot one of them
and killed him.
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Our position is
the complete opposite.
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That sakai never had a gun.
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And that, yes, he was there,
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When the fight took place,
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But he was not
the individual
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That pulled out a gun
and shot dalvin.
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Sakai is a great kid.
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He doesn't seem at all
like an individual,
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Who would do
what he's being charged with.
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This is a kid who's got
his whole life ahead of him.
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And I'm going to do
everything I can
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To keep him from going
to prison.
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(somber music playing)
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Sakai: I would say, of course,
going in there at 16,
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It definitely matured me
at an early age.
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Unfortunately, I had no choice.
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It's a lot of injustice
in there,
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And you would be
surprised what...
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People would
get away with in here.
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But it was just like
almost taking it one day
at a time.
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For 19 months.
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I was a good kid.
I always obeyed the rules.
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But I was always the one
that was the type to...
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"I'm never going to go to jail
and get in trouble."
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I've never even stole
from a local candy store.
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But now I am charged with murder
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And possession of a firearm
on school property.
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Which, the penalties for that
could be life in prison.
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Saying that feels unreal,
'cause it's like...
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It's... I don't know.
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Yeah.
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I am currently
on high-risk house arrest,
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So I have a six o'clock curfew.
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There are certain places
that I'm not allowed to go.
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Malls, I'm not allowed to be in,
um, parks.
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I'm inside a lot.
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It takes a toll, yeah.
Definitely.
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It's...
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Yeah, it's difficult.
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(typing)
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Ryan: There was
no murder weapon
found in this case.
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There was no forensics.
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There is literally
zero physical evidence
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To tie sakai as the one
who was the shooter.
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In a nutshell,
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This is a case
of misidentification.
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Eyewitness testimony
being flawed.
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-How you doing? Good.
-Sakai: All right.
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Ryan: And, today,
I'm meeting with sakai.
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We're going to get into
a lot of details,
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Which is going to help us
develop the story of the case,
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And ultimately build
our defense.
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I do it to put myself there
with sakai,
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So I can kind
of visualize everything,
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And get a full understanding
of the entire picture.
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The prosecution's position
in this case is that you were
the shooter, right?
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That's why you have been charged
with shooting dalvin brown.
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Their position is that you...
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You were worried about
your friend, anthony,
getting into a fight
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And that you came to school
with a gun, um,
in order to protect him.
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Take me through the part
when you get to
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Canyon springs high school
and then we'll kind of
go from there.
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Okay, so arriving
at canyon springs,
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Um, I was with a friend of mine.
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Our plan was to meet
the cheerleaders
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-That were supposed to be
practicing after school.
-Ryan: Mmm-hmm.
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So I mean, you guys are trying
to hang out with...
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Uh, uh, some girls, right?
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Yeah.
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We stopped briefly
and we talked to anthony.
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He briefs us as far as,
that multiple individuals
that had a problem with him.
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Ryan: Mmm-hmm.
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Sakai: The day before,
it was a facebook status
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That had indicated that
um, they were going to
jump him.
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He did kind of express to us
that he did feel unsafe.
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We did advise him to maybe
try to switch his route.
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We parted,
we shook hands with him.
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From there,
he walked off and left.
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Mm-hmm.
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Sakai: So we continue along,
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We kind of noticed
a lot of activity,
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Like a lot of verbal arguing.
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Mmm-hmm.
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Sakai: Upon approaching,
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One male was kind of
like scanning the crowd.
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-Um, and that male was dalvin.
-Mmm-hmm.
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Sakai: He actually
confronted my friend.
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In regard to dalvin,
did you know him?
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No, I did not know dalvin.
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Okay, did you know
anything about him?
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No.
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It started off with
a couple hits,
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I would say the third hit,
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-My friend was dazed
at that point.
-Ryan: Mmm-hmm.
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Um, from there,
we kind of noticed
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It was commotion
further back in the crowd.
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It kind of caught
everybody's attention
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'cause it caught
dalvin's attention, too.
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Um, to where,
that's actually what stopped him
from fighting my friend...
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-Ryan: Hmm.
-...Is the commotion.
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And he joins back in.
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00:09:01,283 --> 00:09:04,859
Now we can see that
it is anthony on the ground
getting jumped.
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00:09:04,878 --> 00:09:06,603
Hmm-mmm.
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00:09:06,696 --> 00:09:08,696
Sakai: Two to three seconds
went by,
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00:09:08,715 --> 00:09:10,882
And all of a sudden
we heard the gunshots.
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What did you do next?
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00:09:22,804 --> 00:09:26,790
Um, I ran. Like everybody else.
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00:09:26,883 --> 00:09:31,294
Okay, so our position is,
is that this was a case
of mistaken identity.
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00:09:31,387 --> 00:09:32,962
That's really what
this case is about.
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00:09:33,056 --> 00:09:34,964
There's no dna,
there's no forensic evidence.
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00:09:35,058 --> 00:09:36,575
There's no gun that was found.
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00:09:36,802 --> 00:09:39,727
-Right.
-There's nothing else,
but witness testimony.
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00:09:39,821 --> 00:09:41,913
But one of the most damaging...
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00:09:42,065 --> 00:09:44,490
(sighs) parts of the case
that we have to overcome
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00:09:44,643 --> 00:09:48,661
Is that there's three people
that were there on the scene
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00:09:48,755 --> 00:09:52,757
That, uh, point the finger
at you as being the shooter.
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00:09:53,743 --> 00:09:55,594
And one of them is anthony.
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00:09:57,339 --> 00:10:02,508
And what's difficult about him
is that he's your friend, right?
160
00:10:02,603 --> 00:10:05,854
-Sakai: Yeah.
-That you have known
since second grade.
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00:10:07,833 --> 00:10:10,591
Why do you think that he...
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00:10:10,611 --> 00:10:12,259
Pointed to you as the shooter?
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00:10:12,279 --> 00:10:14,112
I honestly don't know.
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00:10:19,602 --> 00:10:23,196
(somber music playing)
165
00:10:23,290 --> 00:10:27,533
Today is Sunday dinner
for sakai, me, and his siblings.
166
00:10:27,686 --> 00:10:30,277
We try to gather
as much as we can.
167
00:10:30,297 --> 00:10:33,465
-What, what's up, what's up?
-Deborah: Hey, hey. Hi.
168
00:10:33,692 --> 00:10:36,134
We look forward
to days like this,
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00:10:36,361 --> 00:10:38,637
And we try to keep
it all positive.
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00:10:38,788 --> 00:10:42,974
You know, considering
what our family right now
is enduring.
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00:10:43,201 --> 00:10:45,977
-Hey! How's it going?
-Hello! Good!
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00:10:46,204 --> 00:10:48,462
Come say hi.
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00:10:48,556 --> 00:10:51,132
That yellow thing is a pepper
so you might want to avoid that.
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00:10:51,151 --> 00:10:52,633
(deborah laughing)
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00:10:52,653 --> 00:10:55,228
(piano music playing)
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00:10:55,322 --> 00:10:57,563
Heavenly father, we thank you
for this food
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00:10:57,716 --> 00:11:01,901
That we are about to receive
that nourishes our bodies.
In christ. Amen.
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00:11:01,995 --> 00:11:04,162
All: Amen.
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00:11:04,389 --> 00:11:06,222
Deborah: When sakai
had to go to jail,
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00:11:06,241 --> 00:11:08,408
Probably the hardest thing
that we can go through,
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00:11:08,502 --> 00:11:12,170
Was not having him present
for about 19 months.
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00:11:14,399 --> 00:11:18,659
If we can think back,
2018 at this time,
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00:11:18,679 --> 00:11:20,586
Raeanna: Hmm-mmm.
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00:11:20,681 --> 00:11:23,497
-Um... We weren't.
-We weren't even
cooking dinners.
185
00:11:23,591 --> 00:11:25,575
-We weren't even eating.
-Yeah.
186
00:11:25,668 --> 00:11:26,926
-I don't even remember eating.
-Taneah: Yeah,
we were barely eating
187
00:11:27,078 --> 00:11:29,003
It was like,
"oh, he ain't eating
no good meal,
188
00:11:29,022 --> 00:11:30,747
-"we ain't gonna eat
no good meal."
-taneah: Right.
189
00:11:30,840 --> 00:11:35,768
He's not celebrating
a holiday, we're not
celebrating a holiday.
190
00:11:35,921 --> 00:11:38,345
Deborah: Buddy, you got
to keep on smiling.
191
00:11:38,365 --> 00:11:39,847
Keep that beautiful smile up,
192
00:11:39,866 --> 00:11:42,349
And don't let nobody
take your joy.
193
00:11:42,369 --> 00:11:44,777
You've got to be able
to smile through all the bs.
194
00:11:44,930 --> 00:11:47,430
-Sakai: Yeah.
-Deborah: Yup.
195
00:11:47,523 --> 00:11:50,116
Man, that's the only thing
I got to hold onto,
is the smile.
196
00:11:50,268 --> 00:11:52,101
-Deborah: Hmm-mmm. Yes.
-Ricky: Can't nobody take that.
197
00:11:52,120 --> 00:11:53,211
Taneah: Ain't nobody take that.
198
00:11:54,381 --> 00:11:55,696
Deborah: They took
my child away.
199
00:11:55,790 --> 00:11:57,882
He was my baby, still.
200
00:11:58,034 --> 00:12:00,944
And imagine, your child,
16 years old
201
00:12:01,037 --> 00:12:02,703
And never been out your sight.
202
00:12:02,797 --> 00:12:06,224
You know, he... I'm sorry.
203
00:12:07,953 --> 00:12:10,620
I recall that, um,
when he was released,
204
00:12:10,638 --> 00:12:13,973
I felt like he was
a total different person.
205
00:12:14,067 --> 00:12:18,219
He began to go through, um,
severe anxiety,
206
00:12:18,313 --> 00:12:20,146
And have panic attacks.
207
00:12:20,240 --> 00:12:23,074
We're still in a position
that sakai can go back.
208
00:12:23,577 --> 00:12:25,910
I feel like...
209
00:12:26,137 --> 00:12:28,729
We're about to relive
this nightmare again.
210
00:12:28,823 --> 00:12:30,915
(indistinct conversation)
211
00:12:39,575 --> 00:12:42,409
(tense music playing)
212
00:12:42,429 --> 00:12:45,989
Today, I'm with, uh,
my private investigator, wayne,
213
00:12:46,082 --> 00:12:48,057
Who is an ex-homicide detective.
214
00:12:57,519 --> 00:13:00,111
We're going to go interview
some very important witnesses
in this case,
215
00:13:00,338 --> 00:13:03,523
Who have given interviews
to the detectives.
216
00:13:03,675 --> 00:13:07,010
This is very, very important
because this case is
all about witnesses,
217
00:13:07,028 --> 00:13:10,955
As opposed to physical evidence
or dna or anything like that.
218
00:13:11,107 --> 00:13:14,851
This is
a misidentification case.
219
00:13:14,944 --> 00:13:16,961
It's the defense that
we're going on...
220
00:13:17,188 --> 00:13:19,798
And so we've got to talk
to these people.
221
00:13:20,025 --> 00:13:22,091
Today, we're searching
for the truth.
222
00:13:27,307 --> 00:13:29,307
Wayne: So right now
we're driving out
to meet anthony.
223
00:13:29,458 --> 00:13:31,643
He's by far one of
the most important witnesses
224
00:13:31,870 --> 00:13:33,536
To the state's case,
as well as ours.
225
00:13:33,555 --> 00:13:35,038
Him and sakai were friends.
226
00:13:35,131 --> 00:13:37,148
And he identifies him
as the shooter.
227
00:13:37,300 --> 00:13:38,799
We really kind of
need to figure out
228
00:13:38,819 --> 00:13:41,152
Why he ultimately identified
his friend as being involved.
229
00:13:43,824 --> 00:13:46,825
-Ryan: You ready?
-Wayne: I'm ready for it.
Let's do this.
230
00:13:55,669 --> 00:13:59,003
(wayne speaking)
231
00:14:05,236 --> 00:14:08,012
Wayne: Holy smokes, man,
I'm absolutely ecstatic.
232
00:14:12,577 --> 00:14:13,926
Wow.
233
00:14:14,079 --> 00:14:16,412
"wow" is really the only thing
that I can...
234
00:14:16,431 --> 00:14:17,480
I can describe right now.
235
00:14:23,697 --> 00:14:28,424
So he tells us point-blank
that despite a photo lineup,
236
00:14:28,517 --> 00:14:30,368
Which would indicate
from police
237
00:14:30,595 --> 00:14:32,595
That he did identify
sakai as the shooter,
238
00:14:32,614 --> 00:14:35,540
He tells us today
that absolutely did not happen.
239
00:14:35,767 --> 00:14:38,117
He admits that his name
was on the lineup.
240
00:14:38,269 --> 00:14:41,212
But that, if anything,
he does nothing more
241
00:14:41,364 --> 00:14:43,030
Than identify sakai
as his friend.
242
00:14:43,049 --> 00:14:44,365
Somebody he knows.
243
00:14:44,384 --> 00:14:46,217
The biggest thing that
I took away from it
244
00:14:46,369 --> 00:14:50,889
Is him specifically stating
that the police threatened him
245
00:14:51,040 --> 00:14:55,226
And scared him, uh,
about being charged
with something or be taken...
246
00:14:55,378 --> 00:14:59,122
...Or being taken to jail
if he didn't pick this person.
247
00:14:59,140 --> 00:15:01,807
Which is completely improper
for a photo lineup.
248
00:15:01,902 --> 00:15:06,312
So they messed up big time
in their investigation,
249
00:15:06,406 --> 00:15:10,074
And scared a crucial witness
into picking somebody,
250
00:15:10,301 --> 00:15:12,985
Uh, only because he knew
that person.
251
00:15:13,138 --> 00:15:16,230
And it was huge
that he said multiple times
252
00:15:16,324 --> 00:15:18,232
That sakai was not the shooter.
253
00:15:18,251 --> 00:15:19,900
It doesn't get
more sensational than this.
254
00:15:19,920 --> 00:15:22,420
You have a key
prosecution witness
255
00:15:22,647 --> 00:15:25,665
Who says that sakai
is not the shooter.
256
00:15:25,817 --> 00:15:28,167
And that, if anything
were said to the contrary,
257
00:15:28,319 --> 00:15:31,412
He is willing to go
and testify, under oath,
258
00:15:31,431 --> 00:15:34,933
That he did not witness sakai,
uh, shoot the victim.
259
00:15:35,160 --> 00:15:37,660
-That's absolutely huge.
-And this is only one kid.
260
00:15:37,679 --> 00:15:38,561
Wayne: Exactly.
261
00:15:41,441 --> 00:15:43,399
(somber music playing)
262
00:15:56,347 --> 00:15:59,198
He's a crucial witness
for the prosecution,
263
00:15:59,350 --> 00:16:02,961
Because he claims that
he saw sakai shoot.
264
00:16:19,295 --> 00:16:22,888
Okay, so now he says
he never saw him fire the gun.
265
00:16:23,041 --> 00:16:26,876
He doesn't know what direction
the shots were even coming from.
266
00:16:26,969 --> 00:16:29,712
-Wayne: That's true.
-And the most important thing
is that he agrees
267
00:16:29,731 --> 00:16:32,639
That it's possible that
somebody else could have
shot the gun.
268
00:16:32,659 --> 00:16:34,826
I guess, for me,
I just didn't like the fact
269
00:16:35,053 --> 00:16:38,162
That you have a witness
who does identify sakai
as holding the firearm.
270
00:16:38,389 --> 00:16:39,455
-Ryan: Holding the gun, yeah.
-Yeah.
271
00:16:42,151 --> 00:16:44,410
Wayne: So the next person that
we're going to go speak with
272
00:16:44,504 --> 00:16:47,005
Is a crucial, uh, witness
to the state's case.
273
00:16:47,232 --> 00:16:50,991
He, uh, selects sakai
from a yearbook,
274
00:16:51,011 --> 00:16:53,011
Uh, and identifies him as being
the shooter that day.
275
00:16:54,906 --> 00:16:59,333
He is the other ace
up the prosecutor's sleeve.
276
00:16:59,352 --> 00:17:01,335
If he gets on board
with the fact
277
00:17:01,429 --> 00:17:03,429
-That he didn't
see sakai shoot...
-Wayne: Yeah.
278
00:17:03,523 --> 00:17:06,190
Ryan: Then the prosecutor's
case is significantly damaged.
279
00:17:12,866 --> 00:17:15,775
Ryan: We just got done
interviewing the witness.
280
00:17:15,869 --> 00:17:19,762
He says he sees sakai
have a gun at his side.
281
00:17:19,855 --> 00:17:25,101
And sakai pulls up the gun
when three people are running
towards him.
282
00:17:25,119 --> 00:17:26,377
You know, remember that...
283
00:17:26,604 --> 00:17:28,788
That high, that "wow"
that I felt
284
00:17:28,882 --> 00:17:31,123
-When we interviewed
that first witness?
-(ryan sniffles)
285
00:17:31,276 --> 00:17:33,867
Uh, at the end of the day,
our last witness,
286
00:17:33,961 --> 00:17:37,371
-Um, you know, it kinda
brings me back to reality.
-Ryan: Right.
287
00:17:37,465 --> 00:17:40,224
Here's an individual that says,
"yeah, you know what?
288
00:17:40,451 --> 00:17:41,967
"I did see,
289
00:17:42,120 --> 00:17:44,470
"uh, sakai with a firearm,"
and he's able to pull sakai
290
00:17:44,622 --> 00:17:47,881
Out of a yearbook
full of hundreds of people.
291
00:17:47,901 --> 00:17:51,569
So we're right back to,
you know, this case is
not perfect for either side.
292
00:18:03,641 --> 00:18:07,310
I've gone back and reviewed
the audio recording
293
00:18:07,403 --> 00:18:11,589
That anthony made
to police, uh, during
the initial lineup process.
294
00:18:11,816 --> 00:18:13,591
And I learned something
rather interesting,
295
00:18:13,818 --> 00:18:15,551
Uh, that I'm anxious
to share with ryan.
296
00:18:25,087 --> 00:18:27,271
-Hey, my man. Good to see you.
-Hey, good to see you, brother.
297
00:18:28,683 --> 00:18:30,942
Wayne: So, this is
the audio interview
298
00:18:31,093 --> 00:18:33,945
-That police do with anthony
during the lineup process.
-Ryan: Right.
299
00:18:34,096 --> 00:18:35,762
Wayne: So this is
an important witness.
300
00:18:35,782 --> 00:18:36,906
I'll go and play that for you.
301
00:18:44,866 --> 00:18:46,249
(investigator speaking)
302
00:18:47,794 --> 00:18:49,109
(anthony speaking)
303
00:18:49,203 --> 00:18:51,129
(investigator speaking)
304
00:18:53,040 --> 00:18:55,207
(anthony speaking)
305
00:18:55,301 --> 00:18:58,302
Wayne: So if you heard,
he says he doesn't recognize
anybody in the photo lineup.
306
00:19:05,294 --> 00:19:07,311
There's two photo lineups.
307
00:19:07,463 --> 00:19:10,797
The first one, he says
that he did not recognize
anybody in the photo lineup.
308
00:19:10,817 --> 00:19:12,558
That is, uh, validated
309
00:19:12,710 --> 00:19:14,894
-With what you're hearing
on the audio.
-Ryan: Right.
310
00:19:15,046 --> 00:19:16,729
Here's where
it gets interesting.
311
00:19:16,881 --> 00:19:21,050
If you listen to the very end
before the recording...
Stops,
312
00:19:21,068 --> 00:19:22,994
Listen to what
the investigator says.
313
00:19:26,240 --> 00:19:27,290
(investigator speaking)
314
00:19:31,896 --> 00:19:33,913
-"here's the deal."
and guess what?
-Ryan: "here's the deal."
315
00:19:34,065 --> 00:19:35,256
The recording stops.
316
00:19:43,832 --> 00:19:46,667
Wayne: This is the lineup
in which he actually
selects sakai,
317
00:19:46,686 --> 00:19:48,519
But none of
that's been recorded.
318
00:19:48,671 --> 00:19:52,748
Why would you
ever stop an audio recording
in a murder investigation
319
00:19:52,841 --> 00:19:54,675
With what clearly
is a crucial witness?
320
00:19:54,694 --> 00:19:58,103
And we know,
from interviewing him,
321
00:19:58,198 --> 00:20:03,442
That he was pressured
into, uh, picking sakai.
322
00:20:03,594 --> 00:20:04,927
This is the star witness...
323
00:20:04,946 --> 00:20:07,521
-Ryan: Mm-hmm.
-...In a murder investigation,
324
00:20:07,540 --> 00:20:09,949
Who the prosecution
intends to call,
325
00:20:10,101 --> 00:20:14,119
Who's identified, allegedly,
sakai from the photo lineup.
326
00:20:14,214 --> 00:20:17,030
And there is no audio proof
to substantiate
327
00:20:17,124 --> 00:20:19,124
How the identification unfolded
328
00:20:19,277 --> 00:20:20,301
In front of police.
329
00:20:34,717 --> 00:20:37,401
Ricky: My business is
a all-purpose cleaning service.
330
00:20:37,628 --> 00:20:39,462
Working with my brother
is pretty cool.
331
00:20:39,480 --> 00:20:40,721
I get to hang out
with my brother all day.
332
00:20:40,815 --> 00:20:42,365
(engine starts)
333
00:20:43,968 --> 00:20:45,317
Sakai: Me and all my siblings
are close,
334
00:20:45,411 --> 00:20:47,561
But me and my brother,
I would say, yeah,
335
00:20:47,580 --> 00:20:49,538
We definitely are closer
than brothers, too.
336
00:20:50,917 --> 00:20:52,750
Work is definitely a getaway.
337
00:20:52,901 --> 00:20:55,068
And me, I'm not that type
of person who is like,
338
00:20:55,162 --> 00:20:56,570
"oh, I got to
go to work again today."
339
00:20:56,589 --> 00:20:58,381
I, actually,
I look forward to it.
340
00:21:07,492 --> 00:21:10,083
-(indistinct conversation)
-(both laughing)
341
00:21:10,103 --> 00:21:13,329
I was being hired on
to the same police department
342
00:21:13,422 --> 00:21:15,664
That just took my brother
into custody.
343
00:21:15,683 --> 00:21:17,591
My emotions were everywhere.
I went from,
344
00:21:17,685 --> 00:21:20,853
"they made a mistake",
to "do I really want to work
for this department?"
345
00:21:20,947 --> 00:21:22,855
Um, are they not as thorough?
346
00:21:23,007 --> 00:21:24,023
Like, how did this work?
347
00:21:24,175 --> 00:21:26,099
How did this happen?
348
00:21:26,119 --> 00:21:29,102
I have friends that worked
in the same facility as sakai.
349
00:21:29,122 --> 00:21:31,938
They all would come to me and...
350
00:21:31,958 --> 00:21:35,126
Express to me how...
He was being mistreated.
351
00:21:36,629 --> 00:21:39,630
And that's the harsh reality
about the justice system
352
00:21:39,782 --> 00:21:42,300
When it comes to being in prison
or being in jail.
353
00:21:44,045 --> 00:21:46,953
I definitely hope
my brother doesn't go to prison.
354
00:21:46,973 --> 00:21:49,307
Not only because I enjoy
working with him every day.
355
00:21:53,037 --> 00:21:54,103
(chuckles nervously)
356
00:21:56,557 --> 00:21:57,773
Mentally, I don't want it
to get to him.
357
00:22:00,895 --> 00:22:02,378
It was a lot of guys...
358
00:22:02,396 --> 00:22:06,048
Broken from being incarcerated.
359
00:22:06,141 --> 00:22:10,494
I definitely hope my brother
doesn't become one of
those statistics.
360
00:22:19,413 --> 00:22:20,838
(suspenseful music playing)
361
00:22:26,012 --> 00:22:28,829
Ryan: We received
a piece of evidence
from the prosecutor
362
00:22:28,923 --> 00:22:30,681
In the form of
a jail phone call.
363
00:22:32,852 --> 00:22:36,020
It's a piece of evidence
that is not favorable to us
364
00:22:36,247 --> 00:22:40,649
In regard to what
this individual claims
that sakai said.
365
00:22:46,366 --> 00:22:49,325
(inmate speaking)
366
00:22:58,694 --> 00:23:03,288
This inmate says
that they have the person
367
00:23:03,441 --> 00:23:06,275
That killed dalvin
in the jail with him.
368
00:23:06,293 --> 00:23:09,945
Then he says, "french,"
which is sakai's last name.
369
00:23:09,964 --> 00:23:12,723
(inmate speaking)
370
00:23:14,710 --> 00:23:19,188
Ryan: He's claiming that
sakai is saying that
he "smoked" dalvin.
371
00:23:20,400 --> 00:23:23,216
And so that's damaging for us.
372
00:23:23,310 --> 00:23:27,463
This piece of evidence is
serious enough for me
373
00:23:27,481 --> 00:23:33,411
To now tell sakai that,
"hey, you might want to
think about a plea deal."
374
00:23:42,237 --> 00:23:44,922
Going to trial,
there's an element of risk.
375
00:23:45,149 --> 00:23:47,425
You don't know how the jury
is going to react
376
00:23:47,652 --> 00:23:50,486
To this other
inmate's statement.
377
00:23:50,504 --> 00:23:54,932
Do I think some jurors
will be negatively impacted
by this?
378
00:23:55,083 --> 00:23:55,933
Yes, I do.
379
00:24:11,266 --> 00:24:13,676
Automated voice:
Hello. This is a free call
from an inmate
380
00:24:13,694 --> 00:24:16,436
At clark county
detention center.
381
00:24:16,456 --> 00:24:18,622
This call is subject
to recording and monitoring.
382
00:24:28,375 --> 00:24:31,093
(inmate speaking)
383
00:24:41,481 --> 00:24:43,463
Do you know the inmate
384
00:24:43,483 --> 00:24:46,233
That was, um, talking,
speaking about you?
385
00:24:47,545 --> 00:24:51,972
Um, I know of him.
Like, personally, no.
386
00:24:52,066 --> 00:24:53,640
As far as being friends, no.
387
00:24:53,659 --> 00:24:55,642
Deborah: And you guys
were never housed together?
388
00:24:55,661 --> 00:24:57,553
-Not at all.
-Deborah: Wow.
389
00:24:57,571 --> 00:25:02,500
I was moved out of there
before he was even incarcerated.
390
00:25:02,651 --> 00:25:07,062
The thing that worries me
is how something
391
00:25:07,081 --> 00:25:13,135
That dishonest can weigh down
on your case.
392
00:25:14,088 --> 00:25:16,905
That's, that's frightening.
393
00:25:16,924 --> 00:25:20,909
Sakai: My lawyer
and investigator are supposed
to be seeing this guy.
394
00:25:21,003 --> 00:25:25,022
Um, so really,
we're just going to see
what he says in a few days.
395
00:25:25,249 --> 00:25:29,693
But it is another story
that my lawyer has to unpaint.
396
00:25:30,863 --> 00:25:32,655
It's another hurdle
that's in the way.
397
00:25:38,612 --> 00:25:40,496
(suspenseful music playing)
398
00:25:42,375 --> 00:25:45,358
Today, me and wayne
are going to go out
to the prison.
399
00:25:45,378 --> 00:25:50,363
We're going to interview
the individual that was
on the jail phone call.
400
00:25:50,383 --> 00:25:51,774
Good to see you, my man.
401
00:25:51,867 --> 00:25:53,199
You, too. Are you ready
for a productive day?
402
00:25:53,294 --> 00:25:56,554
This is crucial to the case,
crucial to our defense.
403
00:25:56,781 --> 00:26:00,224
It's very possible that we could
go up there and he could refuse
to talk to us.
404
00:26:00,451 --> 00:26:01,392
But we have to try.
405
00:26:04,638 --> 00:26:06,789
The prosecutor sent me
a notice the other day
406
00:26:06,807 --> 00:26:13,404
That they're going to use
this individual, uh,
to transport him to testify.
407
00:26:13,631 --> 00:26:14,797
And so we've got to
interview him
408
00:26:14,890 --> 00:26:16,740
Just to be prepared
on what he's going to say.
409
00:26:49,850 --> 00:26:52,592
Wayne: So I've got to tell you,
I thought that went rather well.
410
00:26:52,612 --> 00:26:54,260
Ryan: I thought
it went very well.
411
00:26:54,280 --> 00:26:56,262
-Very surprised.
-Very surprised.
412
00:26:56,357 --> 00:26:59,432
The guy denies saying it.
413
00:26:59,526 --> 00:27:03,269
So, and he basically
doesn't want to cooperate
with the prosecutor,
414
00:27:03,289 --> 00:27:05,030
Doesn't want to testify.
415
00:27:05,124 --> 00:27:06,624
This is a good day for sakai.
416
00:27:09,795 --> 00:27:11,462
-Sakai: Hello.
-Hey, sakai.
417
00:27:11,689 --> 00:27:12,630
It's ryan and wayne.
418
00:27:13,691 --> 00:27:15,357
Sakai: Hey, how you doing?
419
00:27:15,450 --> 00:27:18,469
Yeah. Sakai. I got to tell you,
it was a, it was a good visit.
420
00:27:18,620 --> 00:27:20,529
He was very vocal.
421
00:27:20,547 --> 00:27:24,290
His testimony intends to be
that you two did not discuss
the case.
422
00:27:24,310 --> 00:27:27,052
You did not share any details.
423
00:27:27,204 --> 00:27:29,705
Sakai: Okay. That, that's good.
And I figured...
424
00:27:29,723 --> 00:27:31,273
(sakai continues speaking)
425
00:27:41,810 --> 00:27:45,904
Sakai: I'm very active
with the facts and details
of the case.
426
00:27:46,056 --> 00:27:48,557
Now that ryan
has been to the prison
427
00:27:48,650 --> 00:27:51,985
And talked to the individual
that was there,
428
00:27:52,079 --> 00:27:54,004
I'm standing
in the same position
429
00:27:54,231 --> 00:27:56,565
As far as considering
the plea deal,
430
00:27:56,583 --> 00:27:59,301
Which would be
really little to no interest.
431
00:28:00,829 --> 00:28:03,997
Knowing what it's like
being incarcerated,
432
00:28:04,016 --> 00:28:07,500
It's really a place
that nobody wants to be.
433
00:28:07,520 --> 00:28:11,930
My biggest concern
is going to prison.
434
00:28:12,024 --> 00:28:15,859
So, currently,
I am going to be going to trial.
435
00:28:17,771 --> 00:28:21,699
Trial could be what sets me free
or trial could be
436
00:28:21,926 --> 00:28:24,660
My freedom being taken
for the rest of my life.
437
00:28:32,269 --> 00:28:33,669
(suspenseful music playing)
438
00:28:42,704 --> 00:28:45,872
We have a very important
meeting tomorrow.
439
00:28:45,891 --> 00:28:47,373
It's called
a "settlement conference."
440
00:28:47,393 --> 00:28:48,892
It's almost like a mediation.
441
00:28:56,810 --> 00:28:59,144
Sakai has rejected
the plea deals
442
00:28:59,296 --> 00:29:02,555
That have been given to us
throughout this entire case.
443
00:29:02,575 --> 00:29:08,136
But plea deals really
start to, in my experience,
come to fruition
444
00:29:08,155 --> 00:29:12,583
At this particular point in time
because the client is realizing,
445
00:29:12,734 --> 00:29:16,995
"all right, you know,
am I really going to risk
446
00:29:17,147 --> 00:29:20,674
"possibly, you know, losing
and doing a life sentence?"
447
00:29:21,652 --> 00:29:23,743
Could we win? Absolutely.
448
00:29:23,763 --> 00:29:25,153
Is it possible
that we could lose?
449
00:29:25,172 --> 00:29:26,430
That's also true.
450
00:29:26,657 --> 00:29:27,681
You never know what
the jury is going to do.
451
00:29:29,343 --> 00:29:30,917
Sakai is a great kid.
452
00:29:31,011 --> 00:29:34,104
He's 19 years old
and he can face life in prison.
453
00:29:50,289 --> 00:29:52,539
Hey, richard, raeanna,
are you guys there?
454
00:30:00,448 --> 00:30:01,465
How would you guys
feel about that?
455
00:30:02,876 --> 00:30:04,376
Ricky: Absolutely not.
456
00:30:04,470 --> 00:30:05,618
Don't let them pressure you
into that.
457
00:30:05,638 --> 00:30:07,453
Keep your faith.
458
00:30:07,473 --> 00:30:09,556
Raeanna: Yeah. Why not fight
all the way to the end?
459
00:30:10,367 --> 00:30:11,141
Sakai: True.
460
00:30:12,311 --> 00:30:13,936
We ain't gonna go out like that.
461
00:30:14,872 --> 00:30:17,648
You know, we can't.
462
00:30:17,875 --> 00:30:20,058
Ricky: At the end of the day,
we're going to fight this one
to the end.
463
00:30:20,152 --> 00:30:22,044
I mean, again,
464
00:30:22,062 --> 00:30:23,712
We're going to follow
what you want to do.
465
00:30:23,730 --> 00:30:25,972
-So we ready to box it out.
-Right.
466
00:30:25,991 --> 00:30:28,550
-Ricky: Then box it out again,
and box it out again, like...
-Right.
467
00:30:28,569 --> 00:30:30,828
-Ricky: We ready for it.
-Sakai: Right.
468
00:30:31,055 --> 00:30:32,496
-All right. Love you all.
-Ricky: Love you, too.
469
00:30:32,647 --> 00:30:33,889
Deborah: Okay.
470
00:30:33,907 --> 00:30:36,166
-Bye.
-Ricky: Bye.
471
00:30:36,318 --> 00:30:39,411
If you make any decision,
whether it's go to trial
472
00:30:39,563 --> 00:30:44,900
Or to take a deal,
you have to
make that decision...
473
00:30:44,918 --> 00:30:45,676
Selfishly.
474
00:30:46,570 --> 00:30:47,845
It's, it's so much.
475
00:30:48,072 --> 00:30:49,738
That's why I'm in,
like, a harder position,
476
00:30:49,756 --> 00:30:51,573
'cause it's so much
to think about.
477
00:30:51,666 --> 00:30:56,854
You know that we are
100 percent in support
of whatever you decide.
478
00:30:57,081 --> 00:30:57,855
We're here.
479
00:31:06,940 --> 00:31:09,758
Ryan: Plea negotiations
are very, very common.
480
00:31:09,776 --> 00:31:13,929
The only reason that
cases go to trial
481
00:31:13,947 --> 00:31:17,449
Is because negotiations
have failed.
482
00:31:17,543 --> 00:31:21,620
Sometimes clients
have a position that
they want to take,
483
00:31:21,772 --> 00:31:24,789
And as we get closer
towards the trial date,
484
00:31:24,942 --> 00:31:27,134
Things become to get more real.
485
00:31:36,787 --> 00:31:39,137
No matter how strong
of a case you have,
486
00:31:39,231 --> 00:31:41,982
You can't guarantee that
we're gonna, you know, win.
487
00:31:54,638 --> 00:31:55,829
-Raeanna: Hi.
-Ricky: Hi.
488
00:31:56,898 --> 00:31:59,491
-What up, brother?
-Sakai: Hi.
489
00:31:59,643 --> 00:32:03,754
Feeling kind of anxious,
kind of, I wouldn't really
say nervous,
490
00:32:03,905 --> 00:32:07,758
But it's kind of the first
for everybody, really.
491
00:32:07,985 --> 00:32:09,676
So it's just, I don't really
know what to expect.
492
00:32:17,511 --> 00:32:18,727
(suspenseful music playing)
493
00:32:29,114 --> 00:32:30,948
Ryan: We had
the settlement conference.
494
00:32:31,175 --> 00:32:35,953
We got sakai voluntary
manslaughter without
the use of a deadly weapon
495
00:32:36,104 --> 00:32:38,271
And the possession of a gun
on school property,
496
00:32:38,290 --> 00:32:40,040
Which is just
a gross misdemeanor.
497
00:32:47,708 --> 00:32:49,374
Ultimately, it's up to sakai,
498
00:32:49,526 --> 00:32:51,543
But I would advise him
that he should take the deal.
499
00:32:51,695 --> 00:32:53,378
You have a tough case here
500
00:32:53,472 --> 00:32:55,222
And you never know
what the jury's going to do.
501
00:33:10,656 --> 00:33:13,139
Sakai: Sitting down
with the chief judge today,
502
00:33:13,233 --> 00:33:16,660
She kind of just explained to me
that even if it is looking good,
503
00:33:16,887 --> 00:33:19,329
That it's always a risk
that I could lose.
504
00:33:22,559 --> 00:33:24,626
I am in a tough position.
505
00:33:26,005 --> 00:33:27,754
Kind of undecided right now.
506
00:33:29,082 --> 00:33:32,509
Especially with having
less than 24 hours
507
00:33:32,660 --> 00:33:33,659
To make the decision.
508
00:33:33,754 --> 00:33:35,178
It's, it's tough.
509
00:33:43,764 --> 00:33:46,264
Ryan: Today is
the entry of plea,
510
00:33:46,416 --> 00:33:52,529
So we're going to figure out
whether sakai is going to accept
the plea deal,
511
00:33:52,680 --> 00:33:56,616
Or whether he is going
to announce ready for trial.
512
00:33:59,538 --> 00:34:01,446
I hope that he takes the deal.
513
00:34:01,540 --> 00:34:05,691
There is a risk in regard
to taking the case to trial.
514
00:34:05,711 --> 00:34:07,285
It's always a bit of a gamble,
515
00:34:07,437 --> 00:34:09,796
And if we lose,
it's a life sentence,
516
00:34:14,369 --> 00:34:15,886
(judge speaking)
517
00:34:22,394 --> 00:34:23,185
(judge speaking)
518
00:34:24,730 --> 00:34:25,812
(judge speaking)
519
00:34:43,582 --> 00:34:45,082
(judge speaking)
520
00:34:50,923 --> 00:34:53,590
(judge speaking)
521
00:35:19,100 --> 00:35:20,242
(judge speaking)
522
00:35:38,637 --> 00:35:42,380
Sakai felt that this was
in his best interest
523
00:35:42,474 --> 00:35:46,534
As opposed to rolling the dice
and taking the risk
524
00:35:46,553 --> 00:35:49,146
Of possibly being convicted
of first degree murder.
525
00:35:57,714 --> 00:35:58,971
Sakai: It was hard.
526
00:35:59,065 --> 00:36:00,899
It was definitely hard.
527
00:36:01,051 --> 00:36:05,403
Um, 'cause I just stood
so strong on my position
of not taking a deal.
528
00:36:05,555 --> 00:36:10,167
But it left me in a position
where, really, I had no choice.
529
00:36:10,394 --> 00:36:12,894
Knowing that I do have
a sentencing date,
530
00:36:12,987 --> 00:36:17,174
It's like, I have to
mentally prepare myself now
to go back to that.
531
00:36:18,585 --> 00:36:20,010
To go back to incarceration.
532
00:36:35,919 --> 00:36:37,677
Ryan: After
the settlement conference,
533
00:36:37,696 --> 00:36:42,532
Sakai took the plea deal
and it was a strategic move
534
00:36:42,684 --> 00:36:45,593
That gave him
a level of certainty
535
00:36:45,687 --> 00:36:47,871
As to what he would be facing.
536
00:36:51,117 --> 00:36:54,044
Since then, sakai's position
537
00:36:54,195 --> 00:36:57,547
And role in the incident
has changed.
538
00:36:58,700 --> 00:37:00,217
(dramatic music playing)
539
00:37:15,292 --> 00:37:18,960
Sakai: I am writing the letter
that I have to read to the judge
540
00:37:18,979 --> 00:37:22,221
'cause I am going to be
speaking at my sentencing.
541
00:37:22,241 --> 00:37:23,740
Tomorrow is going to be
the first time
542
00:37:23,891 --> 00:37:27,577
That I'm going to be allowed
to really tell what happened.
543
00:37:31,825 --> 00:37:34,251
You never can go wrong
with the truth.
544
00:38:03,282 --> 00:38:05,431
Judge: Let's go to the record
on page 21.
545
00:38:05,525 --> 00:38:08,785
C-335675. Sakai french.
546
00:38:10,289 --> 00:38:11,288
(sakai speaking)
547
00:39:56,210 --> 00:39:59,137
Your honor, I want you
to get the full picture
of what happened.
548
00:39:59,231 --> 00:40:03,141
His best friend from
second grade is on the ground
549
00:40:03,293 --> 00:40:05,476
Getting beat up by three people,
550
00:40:05,570 --> 00:40:08,738
And potentially,
is in a position to get killed.
551
00:40:08,965 --> 00:40:15,745
And so, at that particular time,
sakai reasonably believed
that it was necessary
552
00:40:15,897 --> 00:40:18,898
To shoot the gun
to help his friend,
553
00:40:18,917 --> 00:40:22,493
The defense of others,
your honor knows this very well.
554
00:40:22,646 --> 00:40:25,496
The offense was made
probation-able for a reason.
555
00:40:25,590 --> 00:40:29,092
And your honor,
that's what we're asking for.
556
00:40:31,430 --> 00:40:32,429
(judge speaking)
557
00:41:45,820 --> 00:41:50,581
Deborah: As a mother,
to see my son in this situation
that he's in,
558
00:41:50,675 --> 00:41:52,917
It's heartbreaking.
559
00:41:53,069 --> 00:41:56,346
There's no happy ending
to any of this.
560
00:41:57,924 --> 00:41:59,349
I'm not the only mother hurting.
561
00:42:01,002 --> 00:42:04,579
Ryan: The judge ended up doing
three to ten years.
562
00:42:04,597 --> 00:42:08,191
That means he'll be eligible
for parole after
a year and a half.
563
00:42:09,586 --> 00:42:11,435
This case was not
black and white.
564
00:42:11,588 --> 00:42:14,531
It was a very complicated case.
565
00:42:14,758 --> 00:42:18,183
Sakai admitted
that he was the shooter.
566
00:42:18,203 --> 00:42:20,185
But he acted
in the defense of others
567
00:42:20,280 --> 00:42:21,779
Because his best friend
568
00:42:21,931 --> 00:42:26,525
Since the second grade very well
could have been killed.
569
00:42:26,545 --> 00:42:29,787
The real world is sometimes
complicated and messy,
570
00:42:29,881 --> 00:42:32,549
And so can be
the criminal justice system.
571
00:42:34,127 --> 00:42:37,278
But ultimately,
this was a very tragic case.
572
00:42:37,297 --> 00:42:42,392
We have a young man who died
and we can't forget that.