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Beautiful Pregnant MOM-to-be MOWED DOWN DEAD BY 3-TIME DRUNK FEMALE · Crime Stories with Nancy Grace

0:05
Speaker 1: Crime Stories with Nancy Grace. Many people say that having
0:12
Speaker 1: your first child, or being pregnant at that time is
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Speaker 1: the happiest time in a mother's life. And I remember
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Speaker 1: when I was pregnant with the twins. There were baby showers,
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Speaker 1: there were dreams, planning the nursery, looking at the sonograms,
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Speaker 1: just the joy of knowing and praying and believing in
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Speaker 1: everything good. And that leads me to the name is
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Speaker 1: sin Lisette agrilare expecting her baby, but that was not
0:56
Speaker 1: meant to be. As she and her husband are out
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Speaker 1: walking trying to stay fit during the pregnancy, a drunk
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Speaker 1: driver literally goes up on the curb to mow her
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Speaker 1: down dead. We want justice. I'm Nancy Grace. This is
1:32
Speaker 1: Crime Stories. Thank you for being with us here at
1:34
Speaker 1: Fox Nation and Serious XM one eleven. Take a listen
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Speaker 1: to this. Twenty three year old Yessenia Aguilar and her
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Speaker 1: husband James were following doctor's advice taking a daily walk.
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Speaker 1: They were holding hands as they walked the sidewalk along
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Speaker 1: in Anaheim Street, talking about decorating their baby's room. After
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Speaker 1: two years of trying, the couple was expecting their first child,
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Speaker 1: a daughter, in just about a month. James Alvarez says
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Speaker 1: everything happened quickly. He and his wife heard screeching tires,
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Speaker 1: a roaring engine, and they saw a car lose control
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Speaker 1: and it wasn't stopping. Alvarez says he was trying to
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Speaker 1: move his wife out of the way, but they became separated.
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Speaker 1: Yesenia Aguilar was hit. Anaheim paramedics rushed her to a hospital,
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Speaker 1: where doctors performed an emergency cesarian section. The newborn baby girl, Adeline,
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Speaker 1: was admitted in critical condition to UCI's Neonatal Intensive Care Unit.
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Speaker 1: Little Adeline fighting for her life. Joining me an all
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Speaker 1: star panel to break it down and put it back
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Speaker 1: together again. First of all, renowned criminal defense attorney joining
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Speaker 1: me out of New York. Randy Zelen Ze l I
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Speaker 1: n At Randy Zelenlaw dot com. Psycho analyst to the stars,
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Speaker 1: Joining me out of Beverly Hills. Doctor Bethany Marshall at
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Speaker 1: Doctor Bethany Marshall dot com, the founder and director of
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Speaker 1: the Cold Case Research Institute, but more important today, the
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Speaker 1: former director of Mad Mothers Against Drunk Driving, Georgia Cheryl McCullum.
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Speaker 1: Doctor Katherine Maloney, Deputy Chief Medical Examiner, Erie County Medical
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Speaker 1: Examiner's office in Buffalo and first to crime online dot
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Speaker 1: COM's investigative reporter Levi. Paige Levi, thank you for being
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Speaker 1: with us. Let me start with you explain to me
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Speaker 1: about the area where did this happen. It's Anaheim, California,
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Speaker 1: Southern California. Nancy, you know, I've taken a look at
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Speaker 1: where they were walking, and it's there's a lot of greenery.
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Speaker 1: There is a road arm fence that you'd see around
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Speaker 1: a park in big cities, beautiful roughd arn fence, a
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Speaker 1: lot of flowers looks like yellow day lilies, and beautiful
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Speaker 1: manicured shrubs leading up to the sidewalk. And wait a minute,
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Speaker 1: on top, on top of the shrubs, ramming into this
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Speaker 1: gorgeous wrought iron fence is a big white four door
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Speaker 1: jeep Cherokee. All right, what do we think happened? To
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Speaker 1: leave my page? So, Nancy, you just described this beautiful
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Speaker 1: area at seven thirty pm, and that's a perfect time
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Speaker 1: during the summer to go for a walk. The sun's
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Speaker 1: going down, and that's exactly what twenty three year old
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Speaker 1: mother to be Yasina Aguilar was doing. She was eight
4:30
Speaker 1: months pregnant. She and her boyfriend James Alvarez, were taking
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Speaker 1: a stroll and they were having a conversation about baby
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Speaker 1: Adeline's room and how they were going to decorate it
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Speaker 1: and get it ready for her. The baby's name was
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Speaker 1: going to be Adeline Rose, beautiful name. When all of
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Speaker 1: the sudden, a jeep jump the curve of Catilla Avenue,
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Speaker 1: striking Yasina Aguilar, narrowly missing James Alvarez. To Cheryl McCollum,
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Speaker 1: former director of Mad Mother's Against Drunk Driving for the
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Speaker 1: entire state of Georgia. I'm also looking at a scene
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Speaker 1: where there's a sidewalk, a pretty big, nice wide sidewalk
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Speaker 1: with manicured green grass on either side. But this photo,
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Speaker 1: the sidewalk is literally smeared in blood, and I mean
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Speaker 1: a lot of it, and it looks like this blood
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Speaker 1: smear goes about fourteen feet. Cheryl McCollum, a former director
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Speaker 1: of Mothers Against Drunk Driving Georgia. Way in, there's absolutely
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Speaker 1: no excuse for anyone to drive drunk anymore. It used
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Speaker 1: to be that there were little towns like the towns
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Speaker 1: you when I grew up in we didn't have taxis. Correction,
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Speaker 1: it was not a town. It was literally a red
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Speaker 1: dirt road with a tree growing up in the middle
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Speaker 1: of it, in front of our home where my grandfather
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Speaker 1: literally dug the well. Okay, I wouldn't call that a
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Speaker 1: town or like an area. But are you saying about
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Speaker 1: you grew up there were no taxis. But now it
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Speaker 1: doesn't matter where you live. If you're in a farming community,
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Speaker 1: you still have an uber, you still have a lift.
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Speaker 1: There's somebody willing to give you a ride for just
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Speaker 1: a few dollars. In Buckhead, you can go back to
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Speaker 1: the hotels for two dollars. I mean, there's no excuse, Nancy.
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Speaker 1: You can do a couple of other things too. Here's
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Speaker 1: one walk home or here's another one. Don't go out
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Speaker 1: of your home and get drunk. Stay home and drink
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Speaker 1: as much as you want and pass out in the
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Speaker 1: then if you want to on the sofa. But to
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Speaker 1: drive drunk, now, there's no excuse at all for that
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Speaker 1: to be happening. And I just want to give you
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Speaker 1: one statistic, Nancy, to make this really clear to people.
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Speaker 1: Twenty nine bull a day die at the hands of
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Speaker 1: a drunk driver. Twenty nine people a day. And you
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Speaker 1: know what charable you and I were in the trenches
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Speaker 1: together fighting crime. You were in many many of my
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Speaker 1: calendar calls, and I would look at the defendants file.
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Speaker 1: Of course I only got them by the time it
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Speaker 1: was a felony. In other words, HV habitual violator, which
7:23
Speaker 1: means they had been DUI five, six, eight times before
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Speaker 1: it finally turned into a felony, or it was vehicular
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Speaker 1: homicide where they were drunk and killed somebody, and I
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Speaker 1: would look. First thing I would do go back to
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Speaker 1: the back of the file and pull out a copy
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Speaker 1: of the indictment and look at the rap sheet, and
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Speaker 1: I would see DUI DUI, DUI d I D I
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Speaker 1: D D and finally somebody is dead. Guys, I want
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Speaker 1: you to take a listen. Learning a little bit more
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Speaker 1: from eye witnesses what happened at the saying this is
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Speaker 1: Mary Beth mcday KTLA five. The doctor told her, well,
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Speaker 1: you know the babies turn the face of the baby's
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Speaker 1: heads up. He should walk more to kind of make
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Speaker 1: her rotate, get her ready for pregnancy. He tells us
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Speaker 1: they were discussing curtains for the baby's room when they
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Speaker 1: heard a screeching sound on the sidewalk coming up behind them.
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Speaker 1: You see this car, his white suv just lose control
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Speaker 1: and he wasn't losing any momentum. I try to grab her,
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Speaker 1: try to pull it to me, he tells us. Somehow
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Speaker 1: his wife let go over his hand and was run
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Speaker 1: over by this white suv which continued down the sidewalk
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Speaker 1: to the crash into a fence and some bushes. And
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Speaker 1: it's like, what can I do? What can I done better?
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Speaker 1: The husband and wife walking along the sidewalk discussing the
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Speaker 1: curtains for the baby's room. The little baby set to
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Speaker 1: come in just a matter of weeks that was not
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Speaker 1: meant to be. Now a funeral for mommy, the baby
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Speaker 1: fighting for her life. You're hearing that the baby was
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Speaker 1: going to be born breach feet first, and the doctors
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Speaker 1: tell mommy and daddy. Husband and wife is Senia and
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Speaker 1: her husband that if she maybe, if she exercised and walked,
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Speaker 1: the baby could be born normally. Crime Stories with Nancy Grace,
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Speaker 1: we are talking about the brutal death of a young
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Speaker 1: mom to be is seniently set aglar, her baby fighting
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Speaker 1: for her life right now to doctor Catherine Maloney, Deputy
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Speaker 1: she Medical Examiner, Erie County Medical Examiner's Office, in Buffalo.
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Speaker 1: What does that mean to be born breach and how
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Speaker 1: would exercise have helped? That? Basically will be when a
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Speaker 1: baby is breach means that the babies not head down,
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Speaker 1: so facing the right way where the delivery will be easy.
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Speaker 1: So what sometimes can help as if the mother exercises,
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Speaker 1: the baby can rotate so that it's in the proper
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Speaker 1: presord the baby and the mother. It's so ironic to
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Speaker 1: me to doctor Bethany Marshall joining me out of la
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Speaker 1: at doctor Bethany Marshall dot com that they the mom
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Speaker 1: and dad were going through all of this to try
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Speaker 1: to have a healthy baby and a healthy mommy to
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Speaker 1: survive childbirth. This is her first baby and a breach
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Speaker 1: breach birth can end up in death for the baby
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Speaker 1: and the mom. And then how could you factor in
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Speaker 1: this person, Courtney Fritz Pandolphy. She didn't even slow down, Bethany,
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Speaker 1: did you hear what the dad said? Yes? And you
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Speaker 1: know where they were walking near Disneyland, the happiest place
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Speaker 1: on earth. And the mother, you sayin you was a
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Speaker 1: cast member there. I mean she was in a life
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Speaker 1: that was really organized around joy and happiness. As you
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Speaker 1: were talking about celebrating when you were pregnant with Lucy
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Speaker 1: and John David. It's one reality and then this other
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Speaker 1: horrible reality. I want to circle back to something. Cheryl
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Speaker 1: said that there's no reason to drive drunk with taxis
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Speaker 1: and with uber. But when you go inside the mind
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Speaker 1: of somebody with a substance abuse disorder the bar. Are
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Speaker 1: you trying to say that she didn't know what she
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Speaker 1: was doing because she had a substance abuse. I call it,
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Speaker 1: you know, going out for a big drunk that night.
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Speaker 1: You know you're just gonna drink and drink and drink
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Speaker 1: and drink and then pour yourself behind the wheel. Nancy,
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Speaker 1: you have a normal mind, That's why you're thinking that way.
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Speaker 1: The person with a substance abuse disorder rationalizes every single time,
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Speaker 1: I'm just gonna have one drink. I'm just gonna have
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Speaker 1: one glass or chardonnay, So they do not plan ahead
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Speaker 1: to take lift or uber or a taxi. Remember, rationalization
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Speaker 1: is one of the signs of substance abuse disorders. Rationalization, denial,
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Speaker 1: not thinking about potential harm to others, severe negative consequences
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Speaker 1: in social occupational functioning. These are the signs this person
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Speaker 1: did not drive to the bar, thinking she was going
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Speaker 1: to over drink. She drove to the bar thinking she
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Speaker 1: would have a quick glass of chardonnay and then go
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Speaker 1: home and cooked dinner for her family or something like that,
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Speaker 1: and by the time she became inebriated, she didn't even
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Speaker 1: remember there was lift uber or a taxi. Queen Mattie excuses,
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Speaker 1: this is not about jump in, and then we're gonna
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Speaker 1: join team, joined together, attack our defense attorney Randy Zellen
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Speaker 1: because Cheryl McCollum. Here's the deal. People go, oh, we
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Speaker 1: didn't mean to we were drunk. B s. You're the
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Speaker 1: one that knows you have a drinking problem. Whether you
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Speaker 1: do or not doesn't matter. You're the one that goes
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Speaker 1: to the bar. You're the one that orders a drink
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Speaker 1: after drink, after a drink, You're the one that reaches
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Speaker 1: in your pocketbook and gets your keys. You're the one
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Speaker 1: that walks to the car and locks the door, gets
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Speaker 1: in the car, shuts the door, keys in ignisition, crank
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Speaker 1: it up, put it in reverse, drive out. Every one
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Speaker 1: of those acts is premeditated under the law. Nazy, here's
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Speaker 1: the deal. I've never once met an alcoholic that didn't
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Speaker 1: know they were an alcoholic. They know it. Whether there's
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Speaker 1: pre planning involved, that's the issue. But let me tell
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Speaker 1: you something. This person got a DUI in two thousand
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Speaker 1: and eight, in two thousand and fifteen, in two thousand
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Speaker 1: and sixteen, and now unfortunately two and twenty. The average
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Speaker 1: person that gets a DUI has driven drunk three hundred
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Speaker 1: and twenty times before that first arrest. WHOA, why no
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Speaker 1: night stop? What what did you say? Before they get
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Speaker 1: their first DUI, they have driven three hundred and twenty
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Speaker 1: times while none of the influence without getting caught. So,
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Speaker 1: in other words, the first time you drink and drive,
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Speaker 1: it's not when you're caught. You drink and drive all
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Speaker 1: the time, and occasionally you get caught. And this person,
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Speaker 1: I am telling you, their job of it. Their personal
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Speaker 1: relationships show it, the way they function in their friendship
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Speaker 1: group and in their family circle. Everybody knows this person
14:36
Speaker 1: is an alcoholic. Everybody knows it. I'm shocked they have
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Speaker 1: a license, insurance, or a car because they should not
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Speaker 1: have after two DUIs already, Well, Cheryl McCollum, thanks a
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Speaker 1: lot for that three hundred and twenty previous drunk drivings
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Speaker 1: before they get caught. I was just letting John David
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Speaker 1: rides by in the neighborhood. Well, that's all over three
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Speaker 1: hundred and twenty times before your first DUI to you,
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Speaker 1: Randy Zellen joining me r noow criminal defense attorney joining
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Speaker 1: me in the New York area at Randy Zellen Law
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Speaker 1: dot com. You know, I know your deal, Randy. Okay,
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Speaker 1: So you'll go in court and you would argue it
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Speaker 1: was an accident, it was just a crash. It's not
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Speaker 1: just a crash. This woman chose to go get drunk
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Speaker 1: at a bar and then she chose to drive, Randy Zellen.
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Speaker 1: So what I would do in a situation like this,
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Speaker 1: with the limited facts that are available to me right now,
15:44
Speaker 1: I would look to take this case out of what
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Speaker 1: we call in California a Watson murder, and a Watson
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Speaker 1: murder is someone charged with a DWY coupled with a
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Speaker 1: fatal accident. That is how you get to murder two
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Speaker 1: and a minimum mandatory fifteen years to life sentence. So
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Speaker 1: I think the appropriate way to defend this case would
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Speaker 1: be to look to take this out of a murder
16:12
Speaker 1: case and turn this into a manslaughter case. Because here,
16:18
Speaker 1: if I can get out of the murder statue. I
16:21
Speaker 1: am out of a mandatory minimum sentence, and I also
16:26
Speaker 1: may be able to get this case into a misdemeanor.
16:32
Speaker 1: The possibility stop stop stop stop stop cuts like Zell
16:38
Speaker 1: and I haven't cut your mic in a long time.
16:41
Speaker 1: But don't even say essenel Lazette, agrilare her baby fighting
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Speaker 1: for her life, cut out of the stomach at thirty
16:52
Speaker 1: plus weeks. My children were premature, Irandia. I'm sure you
16:56
Speaker 1: remember that they were in intensive care with wires in
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Speaker 1: every part of their body for weeks and weeks and weeks.
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Speaker 1: We didn't think Lucy was going to live. They were
17:06
Speaker 1: so premature. And you actually said the word misdemeanor. I mean,
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Speaker 1: I'm hearing him. Did you not cut his mind? Keep it,
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Speaker 1: keep your finger on that button. Wait a minute, Cheryl McCollum,
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Speaker 1: I want you to hear our friend Mary Beth mcday
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Speaker 1: kt LA James Elverres, this world turned upside down last
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Speaker 1: night in the blink of an eye, the nightmare of
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Speaker 1: his twenty three year old pregnant wife, yes Andia Aguilar.
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Speaker 1: The doctor told her, well, you know, the babies turn.
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Speaker 1: The face of the baby sets up. You should walk
17:43
Speaker 1: more to kind of make her rotate, get her ready
17:46
Speaker 1: for pregnancy. He tells us they were discussing curtains for
17:49
Speaker 1: the baby's room when they heard a screeching sound on
17:52
Speaker 1: the sidewalk coming up behind them. You see, this car
17:55
Speaker 1: is white as you can just lose control, and he
17:58
Speaker 1: wasn't losing any more. Mientum a pullet to me, he
18:03
Speaker 1: tells us. Somehow his wife left go of his hand
18:05
Speaker 1: and was run over by this white suv which continued
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Speaker 1: down the sidewalk till a crash into a fence and
18:11
Speaker 1: some bushes. Just like, what can I done? What can
18:15
Speaker 1: I done better? He's going to go the rest of
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Speaker 1: his life wondering why did I live? And she died?
18:22
Speaker 1: The mother of the baby? Crime Stories with Nancy Grace.
18:38
Speaker 1: I'm Nancy Grace. This is Crime Stories, and I want
18:41
Speaker 1: to thank you again for being with us here at
18:43
Speaker 1: Fox Nation in series X one eleven. You know, at
18:48
Speaker 1: the beginning, when I first started trying cases in Inner
18:51
Speaker 1: City Atlanta, all felonies, I would try to sugarcoat it
18:55
Speaker 1: because I thought the facts were so awful that I
18:58
Speaker 1: realized there's no way to sugarcoat it. There's no way
19:02
Speaker 1: to airbrush what happened. The blood all over that sidewalks
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Speaker 1: from mommy Asenia, She's dead. Cheryl McCollum, you know, you
19:15
Speaker 1: and I have been together a long time, as have
19:18
Speaker 1: many of the people on the panel right now. Do
19:21
Speaker 1: you remember when I was pregnant with John David and
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Speaker 1: Lucy and you threw that big baby shower at your
19:29
Speaker 1: mother in law's house and we were talking about how
19:35
Speaker 1: I was decorating the children's room in New York and
19:40
Speaker 1: the apartment so tiny and I had fit there two
19:43
Speaker 1: cribs in one room, and how we had everything set
19:49
Speaker 1: up for them and this special rug I found, and
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Speaker 1: I just can't imagine this hattening at a time like that.
19:59
Speaker 1: I remember everything about that day and just the excitement
20:03
Speaker 1: in the anticipation. It's like you said to me, you said,
20:07
Speaker 1: leading up to them getting here, and you've been able
20:10
Speaker 1: to hold them and everything you were like every day
20:13
Speaker 1: is Christmas Eve, Like you're just so excited every day
20:16
Speaker 1: because you know what fix it to happen. And you know,
20:19
Speaker 1: you think all of this was taken from her for
20:23
Speaker 1: what a couple of beers? This was taken from her
20:27
Speaker 1: for a shot of Jack Daniels. What what was worth that,
20:32
Speaker 1: and you got this baby that is struggling to breed
20:34
Speaker 1: it own her own, that now has to go through
20:36
Speaker 1: life without her mama. But so you can tie one on.
20:41
Speaker 1: Doctor Catherine Maloney, Deputy Chief Medical Examiner, Buffalo. Doctor Maloney,
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Speaker 1: what do we know about the injuries to mommy and
20:51
Speaker 1: baby at this juncture? Well, it looks like the baby
20:54
Speaker 1: had to have not been injured too badly because it
20:57
Speaker 1: sounds like, you know, the baby's still alive. UM. So
21:00
Speaker 1: I would say that the injuries to the mother probably
21:03
Speaker 1: were not of her torso or abdomen. The injuries were
21:07
Speaker 1: most likely to her head U, probably some devastating injuries.
21:11
Speaker 1: We know that the baby is still in NICKEU Neonatal
21:17
Speaker 1: Intensive Care Unit to h DODGOR Katherine Maloney. How is
21:23
Speaker 1: a NIKEUE different from an ICU. So in the NIKE
21:27
Speaker 1: you basically all the patients are babies, so there's going
21:31
Speaker 1: to be a lot more emphasis on um, you know,
21:34
Speaker 1: more monitoring than there would be in the average adult ICU,
21:37
Speaker 1: especially of things like temperature. UM. There's going to be
21:40
Speaker 1: a lot of you know, tubes um in the babies, unfortunately,
21:44
Speaker 1: to keep them healthy and alive. And then Usually the
21:46
Speaker 1: babies are in small isolates or small um basically hospital
21:52
Speaker 1: beds that kind of surround them to keep them warm,
21:55
Speaker 1: um and sometimes to keep them from you know, being
21:57
Speaker 1: touched by other people or exposed to other if their
22:00
Speaker 1: immune systems aren't developed enough to protect them. That's exactly
22:04
Speaker 1: how my twins, John, David and Lucy were, Doctor Maloney.
22:08
Speaker 1: They had tubes going in their nose and it was
22:12
Speaker 1: all taped up on their face. It would go in
22:15
Speaker 1: the nose and it would come out their foot. That's right.
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Speaker 1: They had a tube going all the way through their body.
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Speaker 1: I can't remember now what that was. They had other
22:27
Speaker 1: tubes in them as well. And all I could do
22:32
Speaker 1: is wash my hands and then put my arms through
22:35
Speaker 1: two holes in the plastic. They were like in a
22:39
Speaker 1: plastic box and I could barely touch them through that box.
22:46
Speaker 1: And Cheryl, do you remember I was in intensive care too,
22:51
Speaker 1: And then I got in a room and I didn't
22:55
Speaker 1: know this, but I set off a silent alarm in
22:58
Speaker 1: the hospital because I got somebody to help me get
23:03
Speaker 1: out of my room and push me to the babies.
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Speaker 1: And I didn't know, you know that then I was
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Speaker 1: empty from my room and they set off an alarm
23:13
Speaker 1: in the hospital because they thought a patient had a
23:15
Speaker 1: scale delicate balance in nick h because the baby could
23:20
Speaker 1: live or die. And I'm reading witness reports Cheryl that
23:24
Speaker 1: said quote when I got over there, I noticed a
23:28
Speaker 1: lady who looked pregnant on the ground and her head
23:30
Speaker 1: was quote banged up. So I think what doctor Katherine
23:34
Speaker 1: Maloney is saying is correct, that the injury from this
23:40
Speaker 1: jeep hitting the pregnant mom was to the head. Correct,
23:43
Speaker 1: But you also have to remember for that baby. Once
23:47
Speaker 1: the mama stops breathing, so does the baby. So even
23:51
Speaker 1: though the child might not have had direct injury from
23:54
Speaker 1: the impact, there was still limited time to save that
23:59
Speaker 1: baby's life. And that's the reason she wasn't breathing. Owned
24:02
Speaker 1: her own and things like that. In the very beginning
24:05
Speaker 1: to Randy zelln Well hold on Randy Leave page climb
24:09
Speaker 1: online dot Com investigative reporter. Who is this woman with
24:14
Speaker 1: prior DUI offenses and driving with a suspended license? What
24:21
Speaker 1: do we know about Courtney Fritz PANDOLPHI old enough to
24:25
Speaker 1: know better at age forty, Yes, age forty. She's from
24:29
Speaker 1: Garden Grove, California. She was the driver She is facing
24:33
Speaker 1: charges DUI drugs, driving on a suspended license. The most
24:37
Speaker 1: serious charge is second degree murder. Her bell is said
24:41
Speaker 1: at three million dollars, and she has a history of
24:43
Speaker 1: dis nancy. She's been arrested for DUI in two thousand
24:47
Speaker 1: and eight, twenty fifteen, and twenty sixteen, and according to
24:51
Speaker 1: the OC Register, according to prosecutors, after all three convictions,
24:58
Speaker 1: she was giving a warning none as a it's an
25:00
Speaker 1: advisement that if she continued to drive under the influence
25:04
Speaker 1: and killed someone, she would be charged with murder. That
25:07
Speaker 1: warning apparently didn't do a lot of good, as she
25:10
Speaker 1: has killed someone. Dottor Bethanie Marshall, psychoanalyst Beverly Hills, she
25:15
Speaker 1: was warned over and over and over she was driving
25:19
Speaker 1: on a suspended license. I mean, when I go to
25:21
Speaker 1: a stop sign, I totally stop and wait because I'm
25:24
Speaker 1: convinced somewhere there's a cut lurking that's going to pull
25:27
Speaker 1: me over. How can you completely disregard what you've been
25:31
Speaker 1: warned about Nancy because she has a substance abuse disorder.
25:36
Speaker 1: I hate to disagree with everybody on the panel, but
25:39
Speaker 1: I really believe you said earlier on the show that
25:42
Speaker 1: once she had you know, a number of drinks that
25:45
Speaker 1: she willfully you pulled out her pocketbook and paid for
25:48
Speaker 1: the drinks willfully gotten in her car. I would say
25:52
Speaker 1: that once she drank that much, the breaking system in
25:55
Speaker 1: the brain was gone. She probably did not really leave.
26:00
Speaker 1: How do you say she got in her car. She
26:04
Speaker 1: was probably blacked out state, Nancy, really black. But she
26:09
Speaker 1: can find her car in a parking lot, find her key.
26:12
Speaker 1: I can't even find the keys to get in the door.
26:14
Speaker 1: So she can get to her car in a crowd
26:16
Speaker 1: of parking find the right key, crank up, put it
26:19
Speaker 1: in reverse, put it in drive, and then mow this
26:21
Speaker 1: pregnant mom down and out. Her patient who was drunk
26:26
Speaker 1: blocked out, got up in the middle of the night,
26:28
Speaker 1: drove to a party, came home, doesn't remember the whole incident.
26:33
Speaker 1: Once they get to a certain point, Nancy, it's like
26:36
Speaker 1: the brain is disabled. The breaking system has to happen
26:40
Speaker 1: long before they pick up that first drink. She needed
26:43
Speaker 1: a breathalyzer in her car, so she could not turn
26:47
Speaker 1: on that engine. Or perhaps there are many kinds of
26:52
Speaker 1: drugs we can give patients now, Like there's a drug
26:54
Speaker 1: called ant abuse where if you take it you cannot drink.
26:58
Speaker 1: It makes you sicker than a dog. And she would
27:02
Speaker 1: have to submit to that kind of you know what
27:04
Speaker 1: you're doing. I coulda, would a, shoulda blah blah blah,
27:12
Speaker 1: none of that. And against the fact of what she did.
27:16
Speaker 1: She should have had this drug. She should have had
27:18
Speaker 1: a breathalyzer. Don't care and to you should I am
27:22
Speaker 1: column former director of mad Georgia. All this business about
27:26
Speaker 1: blacking out, well, she sure managed to get her pocketbook
27:29
Speaker 1: and pay her bill and get down off that bar stool,
27:32
Speaker 1: pour herself out of the wheel and take off correct.
27:36
Speaker 1: And here's another thing. If she had had the breathalyzer
27:38
Speaker 1: in her car, she would have just got somebody to
27:40
Speaker 1: blow in it. She would have still cranked up and left.
27:43
Speaker 1: These are criminal, and yes they have a disease, but
27:47
Speaker 1: their disease is very selfish, and their disease is illegal
27:52
Speaker 1: most of the time, and they know how to work
27:55
Speaker 1: around it. I am telling you I have never known
27:58
Speaker 1: anybody addicted to call of drugs that didn't know how
28:02
Speaker 1: to hide it, didn't know how to manipulate people, didn't
28:05
Speaker 1: know how to work the system. This person has been
28:08
Speaker 1: given three warnings three and told hey, if you do
28:14
Speaker 1: this again, it's gonna be murder. Still didn't care. Still
28:19
Speaker 1: drove as big as Dallas through a crowd of people,
28:23
Speaker 1: killing somebody, almost killing two people. And you're talking about
28:27
Speaker 1: the person that was the face of Disneyland. She was
28:30
Speaker 1: the first person you saw when you entered that park.
28:34
Speaker 1: Can you think of a more joyful person. You're not
28:38
Speaker 1: put in a costume, You're not way back in the
28:41
Speaker 1: park somewhere. You're going to be the first person people
28:44
Speaker 1: see that tells you about your victim. Right there. Crime
28:58
Speaker 1: Stories with Nancy Grace, Guys, we were talking about a
29:02
Speaker 1: beautiful young mom to be and if you look at
29:06
Speaker 1: her picture, I'm looking at it right now. I can't
29:10
Speaker 1: decide if she looks like Sleeping Beauty or Jasmine. She
29:17
Speaker 1: just could. Beautiful, long black, shiny hair, just gorgeous. I
29:27
Speaker 1: almost hate to even say the facts. This mom going
29:30
Speaker 1: for a walk with her husband, planning the baby rooms,
29:34
Speaker 1: curtains Courtney Fritz Pandolphi jumps the curb and mows her down.
29:41
Speaker 1: Take a listen to our friend Tina Patel kay cl
29:46
Speaker 1: Nine flowers and candles have been left on the sidewalk
29:50
Speaker 1: where Yusenia Aguilar was killed by a suspected DUI driver
29:53
Speaker 1: last night. Friends who worked with the twenty three year
29:56
Speaker 1: old at Disneyland have been sharing photos of her online.
29:59
Speaker 1: She was third five weeks pregnant. Police say she was
30:02
Speaker 1: walking with her husband when she was struck by a
30:04
Speaker 1: jeep that had jumped the curb. David Roscoe rushed over
30:07
Speaker 1: to try and help. It looked like she wasn't breathing anymore.
30:10
Speaker 1: The husband was I think checking the pulse and when
30:12
Speaker 1: he did check as he screamed like if she didn't
30:15
Speaker 1: have a pulse, I was guessing she didn't. Doctors were
30:17
Speaker 1: able to perform an emergency c section on Aguilar and
30:20
Speaker 1: deliver her baby daughter, although at last report the girl
30:23
Speaker 1: was still in critical condition in the need of natal
30:25
Speaker 1: unit at the UCI Medical Center. Police say this is
30:28
Speaker 1: a heartbreaking case. This was a healthy twenty three year
30:32
Speaker 1: old Anaheim resident who was about to deliver a beautiful,
30:35
Speaker 1: healthy baby girl, and now she's hit and killed in
30:38
Speaker 1: front of her husband, who administered CPR while he was
30:42
Speaker 1: waiting on paramedics to arrive. Managers at this taco bell
30:45
Speaker 1: are not releasing their security video. They say it does
30:47
Speaker 1: not show the impact, but it does show the driver
30:50
Speaker 1: of the jeep speeding down the sidewalk. Guys, we were
30:54
Speaker 1: talking about the death of a beautiful young mom to
30:56
Speaker 1: be Yasinya Aglare baby at a Adlan Rose put on
31:02
Speaker 1: a breathing tibe, a respiratory tube to you, doctor Kathy Maloney, Definty,
31:09
Speaker 1: Chief Medical Examiner, Erie County. That's buffalo. How exactly does
31:14
Speaker 1: a respiratory tube work? Basically, the tube is inserted into
31:18
Speaker 1: the person's throat down halfway down the windpipe, and then
31:22
Speaker 1: there is a machine that basically pumps air into the
31:25
Speaker 1: lungs and then allows the air to be expressed out
31:28
Speaker 1: of the lungs. So basically this machine is breathing for
31:31
Speaker 1: the person, so they're getting the oxygen that they need.
31:34
Speaker 1: Take a listen to our friend Jessica de Novo ABC seven.
31:38
Speaker 1: Danaheim Police say a suspected intoxicated driver, Courtney Pandulfi of
31:42
Speaker 1: Garden Grove, drove her jeep onto a curb on Katella
31:45
Speaker 1: Avenue as the couple took their evening walk. Hitting Aguilar.
31:49
Speaker 1: Albaz remembers their last conversation. We're literally talking about like
31:55
Speaker 1: how we were going to prepare the baby's closet, the
31:59
Speaker 1: baby's like room, like we're thinking about the curtains. Little
32:02
Speaker 1: Adeline delivered VSC section at the UCI Medical Center. Mom
32:06
Speaker 1: pronounced dead. POLICEE. Pandolfi, who has two prior DUI arrest,
32:11
Speaker 1: is once again behind bars, this time booked on felony DUI,
32:15
Speaker 1: driving with a suspended license and murder. This now single father,
32:19
Speaker 1: still in shock, left planning how to raise his baby
32:21
Speaker 1: without his better half. I wanna do my best and
32:26
Speaker 1: show her that she's gonna be in good hands. So
32:30
Speaker 1: now now is my responsive to be the father and
32:36
Speaker 1: the mother of our child. Yes, I don't know what
32:41
Speaker 1: to do, but I have to learn waitness to say
32:45
Speaker 1: he literally bent over, double screaming, whether he realized his
32:51
Speaker 1: wife was dying or dead, the baby everything lost in
32:57
Speaker 1: a flash in an emergency C section. The baby was
33:01
Speaker 1: saved going on a breathing tube. Actually, Randy Zellen, New
33:06
Speaker 1: York criminal defense attorney at Randy Zellen Law dot com,
33:09
Speaker 1: we just heard the reporters say two prior to UIs
33:12
Speaker 1: there are actually three and proof they convict you DUI
33:15
Speaker 1: driver in that jurisdiction, proof that they got a so
33:19
Speaker 1: called watson advisement that about what would happen if they're
33:23
Speaker 1: caught again driving drunk allows prosecutors to now charge PANDOFFI
33:29
Speaker 1: with second degree murder instead of the vehiculer homicide. What's
33:35
Speaker 1: the difference under the law? I guess that means you're
33:37
Speaker 1: gonna uncut his mic? Go ahead, Randy Zellen, You're free. Okay,
33:43
Speaker 1: well until you cut my mic. The difference is what
33:47
Speaker 1: we call in the law implied malice, which is another
33:52
Speaker 1: way of saying I recognize the sanctity of human life.
33:58
Speaker 1: I recognize human life, but I am going to nonetheless
34:03
Speaker 1: close my eyes to it. In other words, I consciously
34:07
Speaker 1: disregard human life. So a defense attorney's job here, in
34:13
Speaker 1: order to take this out of a murder in the
34:15
Speaker 1: second degree and a minimum mandatory fifteen years to life sentence,
34:20
Speaker 1: is to demonstrate that while the defendant was intoxicated, and
34:26
Speaker 1: while tragically someone died, the defendant did not have implied malice.
34:34
Speaker 1: And here what's going to be critical is to try
34:37
Speaker 1: to show that the jumping up onto the curb was
34:42
Speaker 1: not the product of a conscious disregard for human life.
34:47
Speaker 1: It may be that the defendant was trying to get
34:50
Speaker 1: out of the way of another car or swerve, but
34:54
Speaker 1: certainly didn't say, oh, here are people I really don't care,
34:58
Speaker 1: I'm going to kill them. It is a tall order,
35:02
Speaker 1: but it is the only order that a defense attorney
35:05
Speaker 1: can undertake in order to prevent this woman from going
35:09
Speaker 1: to jail for fifteen years to life. Okay, Cheryl McCollum,
35:13
Speaker 1: former director of Mad Mothers Against Junk Driving Georgia. You
35:17
Speaker 1: know how in football teams, let's just go with that,
35:22
Speaker 1: coaches and others are always accused of reading the other
35:25
Speaker 1: coaches lips during the game to figure out what they're
35:27
Speaker 1: going to do, in other words, knowing their playbook. That's
35:31
Speaker 1: exactly what Zellon just told us what the defenses playbook
35:35
Speaker 1: is going to be in this case. It's not a
35:36
Speaker 1: who done it? We know who done it and who
35:39
Speaker 1: done it was Courtney, Fritz Pandolfi. But the reality is
35:44
Speaker 1: when he says there was no intent, how do you
35:48
Speaker 1: fight that with the facts. As the former director of
35:52
Speaker 1: MAD here it is. I will channel Nancy Grace. Here's
35:55
Speaker 1: how you do it. I'm not a prosecutor, but you
35:58
Speaker 1: build a bomb and you put all the elements to
36:01
Speaker 1: that bomb needs together, and you go and put it
36:04
Speaker 1: in the middle of a park and walk away, and
36:07
Speaker 1: then it ignites at some point, and when you can't
36:09
Speaker 1: claim why didn't mean to hurt that particular person. I
36:12
Speaker 1: had no bee with John Smith or John Q. He
36:16
Speaker 1: just happened to walk by when this bomb went off.
36:19
Speaker 1: But you built it, you did it. You did nothing
36:22
Speaker 1: to prevent it. She could have prevented it when she
36:25
Speaker 1: left her house. She could have prevented it when she
36:28
Speaker 1: ordered the first drink. She could have prevented it when
36:30
Speaker 1: she ordered the second or the third. She could have
36:33
Speaker 1: prevented it when she got her car keys and walked
36:35
Speaker 1: out of that bar. She could have prevented it when
36:37
Speaker 1: she got in her car and cranked up. She could
36:39
Speaker 1: have prevented it before she ever put that car in drive.
36:42
Speaker 1: She could have prevented it when she did not even break.
36:46
Speaker 1: According to witnesses, every single thing she did set up
36:51
Speaker 1: for that murder, and she was warned in two thousand
36:54
Speaker 1: and eight and possibly given treatment. She was warned in
36:58
Speaker 1: two fifteen, probably again all for treatment. She was told
37:02
Speaker 1: again in two thousand and sixteen. She ignored every single judge,
37:08
Speaker 1: every single prosecutor, every single police officer and every single
37:12
Speaker 1: loved one take a listen to Katla's chip Yost. Police
37:16
Speaker 1: say at the time of the incident, Pandolfi was under
37:19
Speaker 1: the influence of drugs and that it wasn't the first
37:22
Speaker 1: time she had driven in such a condition. The District
37:25
Speaker 1: Attorney's office says she had prior dui convictions in two
37:30
Speaker 1: thousand and eight, two fifteen, and two thousand and sixteen,
37:33
Speaker 1: and each time was given what's known as the Watson Advisement,
37:37
Speaker 1: informing her that if she ever killed someone while driving
37:40
Speaker 1: under the influence in the future, she could be charged
37:44
Speaker 1: with murder, could possibly be her a fifth lifetime dy.
37:52
Speaker 1: She is sexually the poster shopbol Watson. In court, prosecutors
37:58
Speaker 1: asked for her one million dollar bail to be raised
38:01
Speaker 1: to five million based on her history. The judge set
38:04
Speaker 1: it in the middle at three million. Heremy a loud
38:08
Speaker 1: and clear. Alcoholism is a disease. Alcoholics so often cannot
38:13
Speaker 1: control what they're doing. It needs to be treated. But
38:18
Speaker 1: when that drinker gets behind the will of a car
38:23
Speaker 1: and puts everyone else in danger, in danger for their lives,
38:28
Speaker 1: it's gone beyond treatment. This is a felony. This is
38:33
Speaker 1: second degree and murder, and we wait as justice unfals.
38:39
Speaker 1: Nancy Grace Crime Story, signing off goodbye friend,