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"OUR GIRL WASN'T KILLED BY A TREE!" NO ARREST IN DEATH OF OLIVIA, 12 · Crime Stories with Nancy Grace

• 0:00
  Speaker 1: Our girl was not killed by a tree. You know,
• 0:06
  Speaker 1: going through law school, I never thought those words would
• 0:09
  Speaker 1: come out of my mouth. Our daughter was not killed
• 0:13
  Speaker 1: by a tree. How can a tree kill anybody? But
• 0:17
  Speaker 1: tonight there is no arrest in the mystery death of
• 0:22
  Speaker 1: a little girl, Olivia May, just twelve years old. Tonight
• 0:28
  Speaker 1: the cod death by tree. I'm not buying that, and
• 0:32
  Speaker 1: neither are her parents, who are joining us tonight. I
• 0:36
  Speaker 1: want answers. Think about it. What if you have a
• 0:41
  Speaker 1: twelve year old little girl who is playing a few
• 0:45
  Speaker 1: yards from your home with her friends, and suddenly she's
• 0:50
  Speaker 1: dead and the cod is death by tree. She ran
• 0:57
  Speaker 1: into a tree and died. No, no good evening, I
• 1:04
  Speaker 1: Meancy Grace, this is crime stories. I want to thank
• 1:07
  Speaker 1: you for being with us.
• 1:15
  Speaker 2: Twelve year old Olivia May Marie Smith of cocall In Township, Michigan,
• 1:19
  Speaker 2: is seen laughing with friends, riding bikes and walking around
• 1:23
  Speaker 2: the neighborhood until a chilling nine to one one call
• 1:26
  Speaker 2: reports that the twelve year old has been seriously injured.
• 1:30
  Speaker 3: Olivia Mayby, Olivia Mayby.
• 1:35
  Speaker 4: Olivia.
• 1:37
  Speaker 5: Olivia May.
• 1:40
  Speaker 1: Saying her name out loud. What good will it do?
• 1:46
  Speaker 6: None?
• 1:47
  Speaker 1: Until we have a full and complete investigation, and that
• 1:51
  Speaker 1: investigation starts with conflicting statements. When I first read about
• 1:57
  Speaker 1: Olivia's case, I read she rode her bike inexplicably into
• 2:03
  Speaker 1: a tree and died. Well, I grew up riding a
• 2:08
  Speaker 1: bike in the country, I ran into things. How does
• 2:12
  Speaker 1: that kill you? Don't you need more velocity than that
• 2:15
  Speaker 1: to kill yourself running into a tree. But then the
• 2:19
  Speaker 1: story changed. Then she ran on foot into a tree
• 2:27
  Speaker 1: and died. Again, that doesn't adhere to the rules of physics.
• 2:34
  Speaker 1: You need more velocity than that to die from running
• 2:39
  Speaker 1: into a tree. And then the story morphs again and
• 2:41
  Speaker 1: again and again, which tells me somebody is lying again.
• 2:48
  Speaker 1: I mean to see grace. This is crime Stories. I
• 2:50
  Speaker 1: want to thank you for being with us. What happened
• 2:53
  Speaker 1: to this little girl? We have an all star panel
• 2:57
  Speaker 1: to make sense of what we are learning tonight, But
• 3:00
  Speaker 1: first I'm going to go to two very special guests.
• 3:05
  Speaker 1: It is Rebecca and Daring Smith joining us tonight from
• 3:11
  Speaker 1: their neighborhood. They're in Michigan, their daughter Olivia, out playing,
• 3:18
  Speaker 1: and suddenly they find out about this horrific quote accident
• 3:24
  Speaker 1: quote straight out to missus Smith. Rebecca thank you for
• 3:29
  Speaker 1: being with us. What is the sequence of events that
• 3:34
  Speaker 1: happened that night?
• 3:37
  Speaker 5: So I was working. I actually worked two minutes from there,
• 3:43
  Speaker 5: and I got a phone call around five thirty saying
• 3:48
  Speaker 5: or asking if Olivia could come out to her friend's house,
• 3:52
  Speaker 5: and I said, okay, let me ask her dad. Dad
• 3:55
  Speaker 5: said okay. About an hour later, her friends and their
• 4:00
  Speaker 5: mom come to my story at snacks before heading to
• 4:03
  Speaker 5: my house to get Olivia. So that was around six
• 4:06
  Speaker 5: six thirty, and then nine five I get a phone
• 4:12
  Speaker 5: call seem to come quick, there's been an accident, and
• 4:16
  Speaker 5: then the story rates itself from there.
• 4:19
  Speaker 1: Okay, see hold on, put Rebecca up, Miss Smith. I
• 4:23
  Speaker 1: know what I believe happened. You know what you were told.
• 4:28
  Speaker 1: Our listeners and viewers do not. So when you say
• 4:31
  Speaker 1: the story rights itself from there, you get the call
• 4:35
  Speaker 1: nine to twenty five pm. It's still daylight when all
• 4:38
  Speaker 1: of this goes down, So Olivia May is not wandering
• 4:43
  Speaker 1: around in the dark. She's playing with her little besties,
• 4:46
  Speaker 1: her little neighborhood friends, not far from their home. Now
• 4:50
  Speaker 1: you get the call at nine to twenty five, missus Smith,
• 4:53
  Speaker 1: what were you told?
• 4:57
  Speaker 5: I was told that she I was told that girls
• 5:01
  Speaker 5: were chasing her and then she had an accident with
• 5:05
  Speaker 5: the tree.
• 5:07
  Speaker 1: That she ran into the tree girls chasing her. Okay, wait,
• 5:12
  Speaker 1: so you were told she ran on foot and hit
• 5:16
  Speaker 1: a tree.
• 5:17
  Speaker 5: Yep.
• 5:20
  Speaker 1: Okay, because when I first was told about the story, well,
• 5:25
  Speaker 1: first of all, it's not a story, this is real.
• 5:28
  Speaker 1: When I was first told about Olivia, I was told
• 5:32
  Speaker 1: she was riding a bike. Did you ever hear that
• 5:37
  Speaker 1: version of the events.
• 5:40
  Speaker 5: After her death? I did. Everybody was trying to reach
• 5:44
  Speaker 5: out to me and tell me what they thought happened.
• 5:48
  Speaker 5: But that was, you know, with me already seeing that
• 5:52
  Speaker 5: there's not a bump of bruise that broken anything on
• 5:55
  Speaker 5: my daughter, still waiting for the Emmy to tell me that,
• 5:59
  Speaker 5: you know, nothing that he could see was visible. So
• 6:03
  Speaker 5: I heard many many stories, but the first initial one
• 6:06
  Speaker 5: was that she ran headfirst into a tree.
• 6:10
  Speaker 1: Okay, hold on right there, Rebecca. You stated that she
• 6:15
  Speaker 1: did not have a broken bone in her body, nor
• 6:18
  Speaker 1: did she have bruss. I'd like to see missus Smith
• 6:23
  Speaker 1: right now, Rebecca. How do you know she did not
• 6:30
  Speaker 1: have bruss? Did you see her after the incident?
• 6:35
  Speaker 5: Yes, I was unseen. I was begging, crying, pleading. I
• 6:42
  Speaker 5: seeing her friend's parents trying so desperately, savor. I actually
• 6:47
  Speaker 5: called nine one one or somebody else. Tell me how
• 6:50
  Speaker 5: to do CPR. I was there.
• 6:53
  Speaker 7: I was there.
• 6:56
  Speaker 1: Tell me what happened when you got to the scene.
• 7:00
  Speaker 5: I seen Olivia laying face face up. I seen her
• 7:07
  Speaker 5: friend's dad doing chest compressions. I've seen the other neighbor
• 7:15
  Speaker 5: trying to stabilize but not mo over too much because
• 7:19
  Speaker 5: they feared maybe a broken neck because Olivia was laying
• 7:23
  Speaker 5: face up, eyes open, pupils blown, just non responsive, turning blue,
• 7:29
  Speaker 5: and very very very low clauts.
• 7:32
  Speaker 1: I'm just trying to take in every single word. So
• 7:35
  Speaker 1: you get the call at work. N were you still
• 7:39
  Speaker 1: at work?
• 7:41
  Speaker 5: Yep?
• 7:43
  Speaker 1: You get the call nine twenty five and you what
• 7:46
  Speaker 1: jump in your car? Run by foot? What I flew?
• 7:50
  Speaker 5: I flew out the door. I flew out the door
• 7:53
  Speaker 5: and fled fled down there. I left everything behind and
• 7:58
  Speaker 5: just flew.
• 8:02
  Speaker 1: How long did it take you to get there, Rebecca.
• 8:05
  Speaker 5: Two point three minutes?
• 8:08
  Speaker 1: Miss Smith. I'm gonna show some video of the location
• 8:11
  Speaker 1: where this occurred, and if you can see your screen,
• 8:14
  Speaker 1: please look. This was taken by you at nine zero
• 8:18
  Speaker 1: five pm nine five pm. You can see every single tree,
• 8:27
  Speaker 1: isn't that true? Missus Smith?
• 8:31
  Speaker 5: Yes, Nancy, miss Smith.
• 8:33
  Speaker 1: When you saw Olivia lying there the way you described,
• 8:39
  Speaker 1: what if anything, did you do?
• 8:42
  Speaker 5: Ran tour was squeezing her. But given the severity of her,
• 8:48
  Speaker 5: of her looks, of her appearance, I called. I just
• 8:53
  Speaker 5: jumped on the phone and called my husband and held
• 8:57
  Speaker 5: her for a moment. But to be honest with you, now,
• 9:01
  Speaker 5: I'm not not medically trained or anything like that, but
• 9:03
  Speaker 5: I just knew. I knew the severity of the situation
• 9:08
  Speaker 5: without meeting medical medical people that tell me that it's
• 9:12
  Speaker 5: probably not not a good outcome for my daughter.
• 9:16
  Speaker 1: So I just were you there when she was taken
• 9:19
  Speaker 1: away by the ambulance?
• 9:23
  Speaker 5: I was writing a shotgun in the ambulance.
• 9:26
  Speaker 1: You wrote in the ambulance And what happened when you
• 9:29
  Speaker 1: got to the hospital?
• 9:32
  Speaker 5: We were greeted with the staff and then separated. The
• 9:36
  Speaker 5: trauma went one way and me and my husband and
• 9:39
  Speaker 5: my sister with the other.
• 9:42
  Speaker 1: What happened then.
• 9:45
  Speaker 5: We just hoped and prayed for a miracle.
• 9:49
  Speaker 1: When were you told about Olivia's outcome?
• 9:55
  Speaker 5: We actually we actually made that decision, but the doctor did,
• 10:02
  Speaker 5: or the surgeon did come out and talk of us briefly,
• 10:05
  Speaker 5: told us what was going on, said that they were
• 10:07
  Speaker 5: trying everything they could to stabilize Olivia, and then she
• 10:12
  Speaker 5: got called back again because she had codd and then
• 10:16
  Speaker 5: probably about fifteen twenty minutes, came back and told us
• 10:21
  Speaker 5: that they could they stabilized her. They made a care
• 10:24
  Speaker 5: plan that there was a doctor down in Flint that
• 10:28
  Speaker 5: was willing to air flight Olivia and accept her, but
• 10:31
  Speaker 5: they wanted to stabilize her a little more, and so
• 10:34
  Speaker 5: that's where we stood. So I didn't have a small
• 10:37
  Speaker 5: bit of hop and then it just it just went
• 10:42
  Speaker 5: down from there, and we went to go into her
• 10:46
  Speaker 5: room where we've seen everybody doing all these compressions, and
• 10:51
  Speaker 5: it was just it was a lot. You could tell
• 10:54
  Speaker 5: that it wasn't going to work, and so me and
• 10:57
  Speaker 5: my husband called it quits at fifty pm.
• 11:02
  Speaker 1: Mister Smith, daring Smith, tell me what you experienced that night,
• 11:09
  Speaker 1: what happened?
• 11:12
  Speaker 7: Complete horror. When I got the call from my wife,
• 11:20
  Speaker 7: I just dropped everything and got there as quick as
• 11:24
  Speaker 7: I could. When I got there, it was just so unreal.
• 11:32
  Speaker 7: She was just her eyes. It was her eyes. I
• 11:37
  Speaker 7: just knew from her eyes. There was no no moving,
• 11:43
  Speaker 7: no movement, no matter how much I asked her to
• 11:47
  Speaker 7: look at me. I just knew. I just knew she
• 11:53
  Speaker 7: was already gone.
• 11:55
  Speaker 1: When you first arrived on the scene. What did you say.
• 12:04
  Speaker 7: I've seen paramedics had a device on my daughter doing
• 12:11
  Speaker 7: chest compressions. The officer had tried to do his best
• 12:18
  Speaker 7: to keep me back, but I mean, that's my daughter.
• 12:20
  Speaker 7: So I just kept circling, looking at her from different angles,
• 12:25
  Speaker 7: and I couldn't just wanting to see what was wrong
• 12:28
  Speaker 7: with my girl, but she was already down. She had,
• 12:33
  Speaker 7: like I said, no movement in her eyes, and I
• 12:37
  Speaker 7: all I could do is just yell her name to
• 12:39
  Speaker 7: see if she would look, and she wasn't looking at me.
• 12:46
  Speaker 1: How did you and Rebecca make the decision to stop
• 12:53
  Speaker 1: trying to revive her?
• 13:03
  Speaker 7: Knew, we knew the times. We also know how much
• 13:09
  Speaker 7: time is she didn't have oxygen into the brain. I
• 13:14
  Speaker 7: do know that they had worked on her for over
• 13:16
  Speaker 7: an hour. There's no oxygen to the brain. We'd already
• 13:25
  Speaker 7: asked them to keep trying two more times. I just
• 13:33
  Speaker 7: I don't know. I didn't know what to do. That
• 13:39
  Speaker 7: staff did everything in their power to try to get
• 13:41
  Speaker 7: my daughter back up.
• 13:44
  Speaker 1: To doctor Priabanergee joining us out of Providence, Board certified
• 13:49
  Speaker 1: forensic pathologist, anatomic pathologist at Anchor Forensic Pathology Consulting. She
• 13:56
  Speaker 1: has worked thousands of cases. Doctor Prey, thank you for
• 14:01
  Speaker 1: being with us. Could you explain the injuries to this
• 14:07
  Speaker 1: twelve year old little girl, Olivia?
• 14:13
  Speaker 8: Well, that's to decide even if there are injuries, correct,
• 14:17
  Speaker 8: I think it's very difficult to have injuries that are
• 14:21
  Speaker 8: sustained by just running into a tree. They could be
• 14:24
  Speaker 8: superficial scrapes or something, but to have life threatening injuries
• 14:28
  Speaker 8: would be highly unusual. You have to really accelerate into
• 14:34
  Speaker 8: a tree to get solid organ damage, bone fractures, whatnot.
• 14:39
  Speaker 8: So to me, there's more to the story. And on
• 14:44
  Speaker 8: a personal note, just the sincerest of condolences because my
• 14:48
  Speaker 8: daughter's twelve as well, and these pictures reflect my life
• 14:52
  Speaker 8: just hanging out with friends, my daughters, walking around the neighborhood.
• 14:57
  Speaker 8: So I can't imagine the heartbreak here.
• 15:00
  Speaker 1: Doctor Brea. Why would oxygen not be going to her brain?
• 15:07
  Speaker 1: And what is the result after even a minute of
• 15:11
  Speaker 1: no oxygen to your brain?
• 15:14
  Speaker 8: It's extremely significant. So what happens is the brain is
• 15:20
  Speaker 8: the most oxygen demanding organ in the body, and so
• 15:26
  Speaker 8: a minute, it's just a few minutes of no oxygen
• 15:30
  Speaker 8: will cause irreversible brain damage. It's called anoxic brain injury.
• 15:36
  Speaker 8: Although it's not a physical like bleeding on the brain.
• 15:39
  Speaker 8: The brain is starved of oxygen and the cells die.
• 15:43
  Speaker 8: And so this bright shining girl, the light's basically turned out.
• 15:50
  Speaker 8: Her brain that's the center of her is no longer
• 15:52
  Speaker 8: functional and that cannot be reversed. And it makes sense that, unfortunately,
• 15:58
  Speaker 8: that kind of extended oxygen deprivation, you know, causes this
• 16:03
  Speaker 8: irreversible brain damage. So the rest of her may still
• 16:06
  Speaker 8: be able to function, but it's the central aspect of
• 16:09
  Speaker 8: the brain not getting enough oxygen that's key here.
• 16:15
  Speaker 1: A lack of oxygen to the brain is cerebral hypoxia.
• 16:21
  Speaker 1: It stops brain cells from generating the energy they need
• 16:25
  Speaker 1: for the brain to function, and it leads to a rapid,
• 16:31
  Speaker 1: rapid cascade of damage within seconds, confusion, dizziness, loss of
• 16:37
  Speaker 1: consciousness after just four minutes. Permanent brain sell death commences
• 16:48
  Speaker 1: after just minutes. So imagine this missus Smith, Rebecca that
• 16:57
  Speaker 1: you now know, gets the call at work. She drops
• 17:01
  Speaker 1: everything and runs, She's there in minutes. But according to
• 17:07
  Speaker 1: what medical doctors tell us, it was too late. Olivia's
• 17:14
  Speaker 1: brain was already dying. No mother, no father could have
• 17:23
  Speaker 1: stopped that. Now, I need to understand this to Rebecca
• 17:31
  Speaker 1: or Deering, whoever wants to answer, what did people tell
• 17:35
  Speaker 1: you on the scene that happened to your girl? Because
• 17:39
  Speaker 1: I would be like, what happened? I mean, had they
• 17:43
  Speaker 1: all left? Were they still there? Were they rendering aid?
• 17:48
  Speaker 1: Did they tell you how she was injured? What happened
• 17:51
  Speaker 1: when you got there, Rebecca?
• 17:56
  Speaker 5: When I got there, as I stated, her friend's father,
• 18:01
  Speaker 5: her friend's two fathers were there, A neighbor and a
• 18:05
  Speaker 5: very close elder friend were there rendering aid, waiting for
• 18:10
  Speaker 5: paramedics to arrive. And all I heard, like I said,
• 18:17
  Speaker 5: was was the tree. But I'm staring at my daughter
• 18:21
  Speaker 5: scream and cry and begging. But at a scene, there
• 18:25
  Speaker 5: was no there was no proof to me. She wasn't
• 18:29
  Speaker 5: bleeding there, there was nothing. She was just gone. And
• 18:31
  Speaker 5: I didn't know why the tree. Everybody just kept saying
• 18:36
  Speaker 5: the tree, the tree. But to me, it didn't make
• 18:39
  Speaker 5: sense because I didn't see nothing that screamed at me
• 18:42
  Speaker 5: that my daughter hit a tree.
• 18:45
  Speaker 1: Rebecca and Daring. I'm gonna show you some video that
• 18:47
  Speaker 1: we've obtained, and i'd like you to explain, mister Smith,
• 18:51
  Speaker 1: what are we saying.
• 18:53
  Speaker 7: We're watching my daughter go back towards another friend sauce
• 18:58
  Speaker 7: that's actually directly behind these two girls's house. And what
• 19:02
  Speaker 7: we're going to see here is that my daughter noticed
• 19:06
  Speaker 7: that there was two other children. Now I don't know
• 19:11
  Speaker 7: if they're telling her that the other group of kids
• 19:13
  Speaker 7: is coming, but I do know that it scared her
• 19:16
  Speaker 7: enough to run back down to the neighbor's house right
• 19:19
  Speaker 7: behind these two girls' house.
• 19:23
  Speaker 1: So right now they're pausing. They're pausing, one's looking back,
• 19:27
  Speaker 1: one in the pink shirt is pointing backwards. And watch Olivia. Look,
• 19:33
  Speaker 1: she starts running, jogging, But she's running. Why do you
• 19:38
  Speaker 1: believe she's running deering?
• 19:40
  Speaker 7: Because there's a group of twelve children actively looking for her.
• 19:45
  Speaker 7: Some are wearing masks. They're actively seeking her out.
• 19:50
  Speaker 1: Now, hold on, hold on, let me not lose what's happening.
• 19:53
  Speaker 1: We see her now she's walking away. Now she's gotten
• 19:57
  Speaker 1: on a buy and you believe she's stealed, pursued. She's
• 20:03
  Speaker 1: pulling up to a home with there's a little girl
• 20:06
  Speaker 1: in the pink top. There's Olivia on the bike going
• 20:10
  Speaker 1: at a normal speed. Where is she going?
• 20:12
  Speaker 7: Daring to the same house that she's at on the
• 20:17
  Speaker 7: video where she's sitting on the porch, And right there's
• 20:20
  Speaker 7: the last footage we've seen my daughter alike.
• 20:23
  Speaker 1: Isn't it true that it's shortly after this that she dies?
• 20:30
  Speaker 7: In this same video that I acquired, the ambulance shows
• 20:34
  Speaker 7: up fourteen minutes after she walks around that corner.
• 20:37
  Speaker 1: And here, mister Smith, we're seeing the ambulance pull up
• 20:43
  Speaker 1: to the scene. How much later is it that the
• 20:48
  Speaker 1: ambulance gets there?
• 20:51
  Speaker 7: Fourteen minutes?
• 20:53
  Speaker 1: A straight out to criminal defense attorney. Renowned criminal defense
• 20:57
  Speaker 1: attorney Marie Pereira. She is joining us from LA. She
• 21:03
  Speaker 1: is also a registered nurse in addition to being a
• 21:07
  Speaker 1: trial lawyer. Murray, thank you for being with us. I'm
• 21:11
  Speaker 1: sure you see potential criminal implications if this child was
• 21:17
  Speaker 1: chased and then died.
• 21:21
  Speaker 3: Absolutely.
• 21:22
  Speaker 9: I think investigators need to treat the entire neighborhood where
• 21:26
  Speaker 9: it happened like it was a crime scene, and they need.
• 21:29
  Speaker 3: To interview each and every one of her little friends
• 21:33
  Speaker 3: to find out what happened.
• 21:34
  Speaker 9: Before, was there a chase and did they intend to
• 21:38
  Speaker 9: scare her, bully her and then cause her to be
• 21:41
  Speaker 9: so afraid that she had a cardiac episode. It's very
• 21:45
  Speaker 9: important to find out what happened before, during, and after all.
• 21:49
  Speaker 9: Those little girls, little and all need to be sat down,
• 21:54
  Speaker 9: talked to to find out exactly what was going on
• 21:57
  Speaker 9: because they're pointing the finger at a treatment as a culprit.
• 22:01
  Speaker 9: That's the third party culprit. Like you said earlier, it's
• 22:04
  Speaker 9: the tree, the tree.
• 22:05
  Speaker 1: Did it remind her to you all that everyone involved
• 22:11
  Speaker 1: is innocent as we go to air tonight, presumed innocent
• 22:16
  Speaker 1: and remain presumed innocent unless and until the state pierces
• 22:22
  Speaker 1: that presumption with evidence sufficient to prove them guilty beyond
• 22:26
  Speaker 1: a reasonable doubt. Rebecca, your daughter Olivia did have a
• 22:33
  Speaker 1: minor heart issue with her mitral valve. Is that correct?
• 22:38
  Speaker 5: Yes, ma'am.
• 22:41
  Speaker 1: But to you, doctor pre Banerjee, wouldn't the initial autopsy
• 22:45
  Speaker 1: prove if that were the coeod cause of death?
• 22:50
  Speaker 8: Absolutely, so, she needs a very specialized heart dissection to
• 22:56
  Speaker 8: analyze the valves, especially with a pre existing candition, but
• 23:02
  Speaker 8: very similar to Marie's and right along with it Marie's
• 23:05
  Speaker 8: point that the investigation is going to really need to
• 23:10
  Speaker 8: be very detailed because any stress that is added to
• 23:15
  Speaker 8: Olivia and putting her at a risk of sudden death
• 23:20
  Speaker 8: even with the pre existing heart condition, if it is
• 23:23
  Speaker 8: the stress the actions of one or more individuals. And
• 23:27
  Speaker 8: I understand everybody's proven innocent until proven guilty, I'm not
• 23:30
  Speaker 8: saying any of that, but in a medical setting, if
• 23:34
  Speaker 8: the running under duress was an issue here and that
• 23:38
  Speaker 8: is proven, that then really flips the script.
• 23:51
  Speaker 5: What happened?
• 23:52
  Speaker 3: What happened?
• 23:56
  Speaker 5: I'm I'm not being yeah, I'm.
• 24:05
  Speaker 3: Mean, And she tries to say to check.
• 24:13
  Speaker 1: Book, Uh, did you hear that? One child says, just
• 24:24
  Speaker 1: say we were trying to check on her. Rebecca daring
• 24:31
  Speaker 1: first to you dearing? Did you hear that? Do you
• 24:33
  Speaker 1: want me to play it again? You know? Actually I
• 24:35
  Speaker 1: want to hear it again. Could you play that again?
• 24:38
  Speaker 1: Control room? I want to hear exactly what the miners
• 24:40
  Speaker 1: are stating.
• 24:51
  Speaker 10: What happened.
• 24:56
  Speaker 3: I'm not.
• 25:02
  Speaker 9: Yeah, hey, And she tries to say, we're here to.
• 25:12
  Speaker 1: Check to Marie Pereira, veteran trial lawyer and registered nurse
• 25:22
  Speaker 1: in the words of Shakespeare, methinks that does protest too much.
• 25:25
  Speaker 1: Nobody said chasing and then suddenly going way, no, no, no,
• 25:28
  Speaker 1: whoa We weren't chasing. If somebody tries to say we
• 25:31
  Speaker 1: were chasing, say we were checking on her, did you
• 25:33
  Speaker 1: hear that?
• 25:34
  Speaker 9: I heard that very clearly. And the audio makes all
• 25:37
  Speaker 9: the difference. It's the audio for me. And like I said,
• 25:40
  Speaker 9: all those little girls are innocent until proven guilty. But
• 25:45
  Speaker 9: they should each be interviewed separately to find out what happened,
• 25:48
  Speaker 9: because it's all about intent, dancy you know that. And
• 25:52
  Speaker 9: if they chase her with an intent to hurt her,
• 25:55
  Speaker 9: bully her and cause a cardiac episode, even though the
• 25:59
  Speaker 9: little girl might have had a pre existing cardiac condition,
• 26:03
  Speaker 9: if they did something to trigger it made her feel unsafe,
• 26:08
  Speaker 9: she was running. See they already sound like they're trying
• 26:11
  Speaker 9: to come up with a story.
• 26:13
  Speaker 3: They need to check those little girl's.
• 26:14
  Speaker 9: Phones because text messages, direct messages, TikTok messages, Because if
• 26:20
  Speaker 9: they have something against her prior and they plan to
• 26:23
  Speaker 9: hurt her and this cause what happened, we could have
• 26:27
  Speaker 9: reckless intent. Intent doesn't have to be I'm gonna hurt
• 26:30
  Speaker 9: you and cause you to have a cardiac episode. But
• 26:33
  Speaker 9: if I'm chasing you, making you feel like, oh my god, they're.
• 26:36
  Speaker 3: Gonna hurt me.
• 26:37
  Speaker 9: And I had a hard condition and had any type
• 26:41
  Speaker 9: of seizure, neural loge with me, or whatever you want
• 26:44
  Speaker 9: to call it, and it was your actions that caused it.
• 26:47
  Speaker 9: That could be criminality, even for those little girls.
• 26:51
  Speaker 1: It's called an abandoned and malignant heart. What does that mean?
• 26:56
  Speaker 1: This is the example I would always give juries and
• 26:59
  Speaker 1: I always had this as a backup to a malice
• 27:03
  Speaker 1: murder charged abandoned malignant heart is a form of murder one.
• 27:09
  Speaker 1: And what it means, for instance, is I get in
• 27:13
  Speaker 1: my minivan and I put on the break with one
• 27:17
  Speaker 1: foot and hit the gas with the other foot, rev
• 27:19
  Speaker 1: it up, and then drive ninety mph through let's just see.
• 27:24
  Speaker 1: Let's just say a flea market. Everybody's there going from
• 27:29
  Speaker 1: kiosk to kiosk, they're eating ice cream, they're having a
• 27:32
  Speaker 1: good time, and then I fly through and run down
• 27:35
  Speaker 1: four people and they die. I don't even know those
• 27:38
  Speaker 1: four people. I did not intend to kill those specific people,
• 27:42
  Speaker 1: but I acted with an abandoned and malignant heart. That
• 27:46
  Speaker 1: is also called depraved heart. And you don't have to
• 27:51
  Speaker 1: have intent to kill you must act in a manner
• 27:55
  Speaker 1: so egregiously reckless that the law presumes ms you intended
• 28:01
  Speaker 1: to harm. So chasing this little girl, whether she ran
• 28:07
  Speaker 1: into a tree, whether she had a heart failure, the
• 28:14
  Speaker 1: chasing ending in her death. It's not a complicated legal theory.
• 28:21
  Speaker 1: To doctor John Delatory, joining me at a licensed psychologist
• 28:26
  Speaker 1: mediator specializing in forensic psychology, consultant to Project Absentists, that
• 28:35
  Speaker 1: is a nonprofit searching for missing people, and you can
• 28:38
  Speaker 1: find him at resolution FCS dot com. I'd like, as
• 28:45
  Speaker 1: I speak to doctor Delatory to see the video of
• 28:50
  Speaker 1: the children. Really shouldn't call them children minors running? Doctor Delatory?
• 28:57
  Speaker 1: Why would they run from the saying I would have
• 29:02
  Speaker 1: a fill day with a jury on that. Why run?
• 29:05
  Speaker 1: Why not stay and tell the emt is what happened?
• 29:08
  Speaker 1: Speak to Rebecca, speak to dring Smith, tell the parents
• 29:11
  Speaker 1: what happened, Try to help Olivia. Why run from the
• 29:15
  Speaker 1: same and start connecting stories.
• 29:18
  Speaker 11: We have something called consciousness of guilt, right and everybody
• 29:22
  Speaker 11: has it as soon as you start learning about right
• 29:24
  Speaker 11: and wrong, truth and lives. As soon as you start
• 29:26
  Speaker 11: developing those kinds of skills. When something happens, if you
• 29:30
  Speaker 11: are somehow contributing to it. Your mind, your conscience is
• 29:34
  Speaker 11: going to start thinking about and what are the ways
• 29:37
  Speaker 11: are you going to be blamed for this thing? And
• 29:40
  Speaker 11: so then your consciousness is trying to protect you to
• 29:44
  Speaker 11: trying to try to protect your safety instead of the
• 29:46
  Speaker 11: victim safety, it's your safety. So instead of running two right,
• 29:51
  Speaker 11: instead of running towards the victim to try to do
• 29:54
  Speaker 11: something to help. If you believe that you have somehow
• 29:57
  Speaker 11: contributed to whatever happened to that victim, your consciousness is
• 30:02
  Speaker 11: going to stop you from then engaging it. And then
• 30:05
  Speaker 11: that's when the behaviors that investigators need to start looking at.
• 30:09
  Speaker 11: These are the things that the investigators need to focus on.
• 30:15
  Speaker 4: Just minutes after this video was taken, the twelve year
• 30:18
  Speaker 4: old girl on the left hand side of your screen
• 30:21
  Speaker 4: ends up dead and nobody can really tell her mother
• 30:25
  Speaker 4: how she died. This happened on July seventh, and that's
• 30:29
  Speaker 4: Olivia Smith on the left hand side of your screen.
• 30:31
  Speaker 4: You can see she stands up, then walks off screen
• 30:36
  Speaker 4: towards some trees, and then moments later she collapses and
• 30:40
  Speaker 4: she dies. Now this is around nine to fifteen PM.
• 30:45
  Speaker 4: Then the nine to one one call happens at around
• 30:48
  Speaker 4: nine to twenty one PM for a twelve.
• 30:51
  Speaker 2: Year old female that ran face versed into a tree
• 30:54
  Speaker 2: is unconscious at the time.
• 30:58
  Speaker 1: You can hear that.
• 30:58
  Speaker 4: They say she into a tree and simply collapsed and died.
• 31:03
  Speaker 1: That's Robbie Harvey on TikTok. So that's another issue. To
• 31:08
  Speaker 1: Dave Matt Crime Stories investigative reporter Dave mac we're being
• 31:14
  Speaker 1: told at the beginning by miners at the scene, she
• 31:18
  Speaker 1: ran into a tree, which morphed into. She drove her
• 31:20
  Speaker 1: bike into a tree. Why make that up?
• 31:26
  Speaker 6: Well, because they're trying to come up with a plausible
• 31:29
  Speaker 6: answer for why their friend is now lying unconscious. And
• 31:34
  Speaker 6: if you notice the first thing, we hear several of
• 31:37
  Speaker 6: them saying we weren't chasing her. We weren't chasing her.
• 31:39
  Speaker 6: And if you notice too, one of the kids says,
• 31:42
  Speaker 6: I'm going home. I can't deal it. I'm going home.
• 31:44
  Speaker 6: So we're talking about they're headed in one direction and
• 31:47
  Speaker 6: then nope.
• 31:48
  Speaker 1: I'm headed home.
• 31:49
  Speaker 6: They know what they've done is wrong. But what really
• 31:51
  Speaker 6: gets me, Nancy, is we've got Olivia at nine fifteen
• 31:54
  Speaker 6: on the porch getting up and walking away to the
• 31:57
  Speaker 6: left and that's nine fifteen. Six minutes later, she's unconscious.
• 32:02
  Speaker 6: Ru on the phone with nine to one one six
• 32:05
  Speaker 6: minutes Nancy, that's what could possibly cause a twelve year
• 32:10
  Speaker 6: old girl to die in six minutes from on the
• 32:13
  Speaker 6: porch walking away. And now it boggles my mind, it
• 32:18
  Speaker 6: breaks my heart for the family.
• 32:20
  Speaker 1: To Rebecca Samith, this is Olivia's mom. Is it true?
• 32:25
  Speaker 1: And I don't want to name names. Is it true
• 32:29
  Speaker 1: that you believe someone lured Olivia to a location and
• 32:37
  Speaker 1: then started chasing her?
• 32:41
  Speaker 5: Yes?
• 32:44
  Speaker 1: Yes, what do you believe and why do you believe it?
• 32:49
  Speaker 5: I'll give you the rundown of everything. My mind was
• 32:52
  Speaker 5: a mess when I sent all those videos to your assistant.
• 32:56
  Speaker 5: So Olivia gets there, she's at her friends that are
• 33:00
  Speaker 5: in the pink hap in the black top when they're walking.
• 33:03
  Speaker 5: Those are her friends that they didn't partake in any
• 33:05
  Speaker 5: of this. So they're at her friends hanging out for
• 33:09
  Speaker 5: about a half an hour. They get a text from
• 33:12
  Speaker 5: a girl saying, let's go to the park they're building.
• 33:16
  Speaker 5: They're rebuilding the park up there. Let's go check it out.
• 33:19
  Speaker 5: So they go up to the park. I believe that's
• 33:22
  Speaker 5: the first initial time that the other group of girls
• 33:26
  Speaker 5: and boys noticed that my daughter was there. They were
• 33:30
  Speaker 5: chased towards the back of the park to a friend's house,
• 33:35
  Speaker 5: the adult's friend's house, where the parents were notified, Hey,
• 33:40
  Speaker 5: I got your girls down here. They're scared. The mom
• 33:44
  Speaker 5: met them halfway down towards the park told them come home.
• 33:48
  Speaker 5: They went home played for whatever reason. My daughter Olivia
• 33:53
  Speaker 5: and her friends go for another walk, and that's the
• 33:58
  Speaker 5: video that you see where they're walking up and then
• 34:00
  Speaker 5: over and then you see the group of kids come
• 34:03
  Speaker 5: out of that sidewalk, and that's why Olivia starts running.
• 34:07
  Speaker 5: You can hear the kids all come off with a
• 34:09
  Speaker 5: sidewalk saying there she is, Oh, hell no, there she
• 34:12
  Speaker 5: is in the I'll run towards my daughter. That is
• 34:15
  Speaker 5: what my daughter is looking at as she climbs up
• 34:18
  Speaker 5: or comes off of the porch. Is that group of kids.
• 34:21
  Speaker 5: Then Marilyn towards her, and she was trying to get
• 34:24
  Speaker 5: back to her girlfriend's parents' house. That is what.
• 34:27
  Speaker 1: Happened, Rebecca. You're right. Let's play the video here. You
• 34:34
  Speaker 1: see where the chase of this little girl Olivia begins.
• 34:46
  Speaker 3: Did you tell her?
• 34:48
  Speaker 10: Did you tell her?
• 35:01
  Speaker 5: What are you?
• 35:04
  Speaker 10: I don't know want.
• 35:15
  Speaker 3: Water?
• 35:17
  Speaker 10: Why you see why you too?
• 35:23
  Speaker 5: Why?
• 35:26
  Speaker 10: Because nobody goes away? I think somebody goes always.
• 35:32
  Speaker 5: Someone I want that grow to me.
• 35:35
  Speaker 3: Someone's going around?
• 35:37
  Speaker 5: What's going that way? I'll go with the white so
• 35:44
  Speaker 5: you can watch?
• 35:46
  Speaker 8: Okay, I get watch.
• 35:48
  Speaker 1: I don't need If I get into a white, I
• 35:51
  Speaker 1: literally can't fight back, like I literally can't pay back.
• 35:55
  Speaker 2: You didn't, I don't even.
• 35:57
  Speaker 1: See, Like, wow, did you hear that, Marie Pereira, exactly
• 36:11
  Speaker 1: what Rebecca advised? You hear them say, well, did you
• 36:14
  Speaker 1: tell her? Did you tell her so they can go
• 36:17
  Speaker 1: chase a little girl?
• 36:19
  Speaker 9: It's giving conspiracy, it's giving the little girl gang. And
• 36:23
  Speaker 9: I know they're presumed innocent until proven guilty, and we
• 36:27
  Speaker 9: don't even know if.
• 36:28
  Speaker 3: A crime was actually committed.
• 36:30
  Speaker 9: But check those little girls phones to see because telephones
• 36:34
  Speaker 9: and text messages will reveal intent every time. And like
• 36:38
  Speaker 9: you said, Nancy, whether it's intent to harm, to put
• 36:42
  Speaker 9: fear in somebody's heart, or recklessness something they.
• 36:45
  Speaker 3: Should have known, it will show in the text messages.
• 36:49
  Speaker 9: Even when little girls can lie, Separate them, interview them,
• 36:54
  Speaker 9: and then you'll find out exactly what happened. There has
• 36:57
  Speaker 9: to be some kind of accountability, even if it's not
• 37:00
  Speaker 9: criminal accountability after an investigation, because there was a break
• 37:04
  Speaker 9: in what happened to that poor little girl from the
• 37:08
  Speaker 9: chase to the collapse, They might say one has to
• 37:11
  Speaker 9: do nothing with the other. But Sibil court may have
• 37:15
  Speaker 9: something else to see, a wrongful death suit, something recklessness.
• 37:20
  Speaker 3: Some accountability needs.
• 37:22
  Speaker 1: To happen here too, doctor John Delatore, Olivia is dead
• 37:27
  Speaker 1: and I, like many other prosecutors, started trying cases in
• 37:34
  Speaker 1: juvenile court. There typically are not juries. It's a whole
• 37:40
  Speaker 1: another animal to try cases in GV court as opposed
• 37:43
  Speaker 1: to superior court felony court. But that said, the result
• 37:50
  Speaker 1: is the same. Olivia is dead and according to mom
• 37:55
  Speaker 1: and dad, she was purposely chased by little bullies.
• 38:03
  Speaker 11: Yeah, those are all going to be key elements. Every
• 38:05
  Speaker 11: jurisdiction has what's known as a transfer or a waiver process. Now,
• 38:10
  Speaker 11: some require that the individuals accused of a crime are
• 38:14
  Speaker 11: of a certain age, but the process is you evaluate
• 38:18
  Speaker 11: that juvenile to determine whether or not they are developed
• 38:22
  Speaker 11: enough to understand the behaviors that they were engaging in.
• 38:26
  Speaker 11: And so those are all going to be key elements
• 38:28
  Speaker 11: of that transfer waiver evaluation to determine whether or not
• 38:33
  Speaker 11: they should be moved from a juvenile court again. If
• 38:35
  Speaker 11: the allegations are levied against them and they are accused
• 38:38
  Speaker 11: of a crime, that would then transfer them or waver
• 38:42
  Speaker 11: them into an adult court to face adult punishment.
• 38:46
  Speaker 1: I want to remind everyone that we are blurring the
• 38:50
  Speaker 1: faces of many of these miners. Can we believe our
• 38:57
  Speaker 1: own eyes? Do I know that those children? Do I
• 39:04
  Speaker 1: know that those miners in the video are the ones involved?
• 39:09
  Speaker 5: No?
• 39:09
  Speaker 1: I don't. I don't know the whole truth of the
• 39:14
  Speaker 1: scenario yet, but I will. I will know the truth.
• 39:21
  Speaker 1: I want to go back out to Rebecca and Daring Smith.
• 39:25
  Speaker 1: Is it true the police are not telling you anything?
• 39:28
  Speaker 1: And the only reason we have the videos we've got
• 39:31
  Speaker 1: tonight is because neighbors felt empathy for you and contacted
• 39:38
  Speaker 1: to you and said, hey, look at these videos from
• 39:41
  Speaker 1: our ring. Look at this. That's the only way you
• 39:44
  Speaker 1: got these.
• 39:49
  Speaker 7: So there is There was one particular officer that was
• 39:53
  Speaker 7: definitely helping us.
• 39:54
  Speaker 5: He was going, he was he.
• 39:58
  Speaker 7: You can tell he took it personally. He he told
• 40:02
  Speaker 7: me he didn't have any of his own children, but
• 40:04
  Speaker 7: he was going to get to the bottom of this. However,
• 40:09
  Speaker 7: there's just certain situations where, you know, sticky situations where
• 40:13
  Speaker 7: he can't He can't really help us now as far
• 40:16
  Speaker 7: as like what he has and what he can tell
• 40:20
  Speaker 7: us and all that it's real, because we're dealing with minors,
• 40:27
  Speaker 7: he can't tell us a whole lot other than you
• 40:31
  Speaker 7: know that they're actively working on it.
• 40:33
  Speaker 9: That's it.
• 40:34
  Speaker 7: That's that's all they can tell us for right now.
• 40:37
  Speaker 1: How did you get the videos to Rebecca and Dearing?
• 40:43
  Speaker 5: My husband actually received them from my nephew.
• 40:48
  Speaker 7: I received two different sets of videos. I was laying
• 40:50
  Speaker 7: in bed one night trying to sleep that's been an issue,
• 40:55
  Speaker 7: and he had sent me all kinds of videos that
• 40:59
  Speaker 7: he it's screen recorded that what he had found online.
• 41:03
  Speaker 7: The morning after that, I then found all of the
• 41:08
  Speaker 7: videos that he was sending me under somebody's comment section
• 41:13
  Speaker 7: online and I did my best two screen record what
• 41:21
  Speaker 7: I could because you can't download him. And then I
• 41:23
  Speaker 7: had a friend to actually go on there and then
• 41:25
  Speaker 7: do it off of his PC, so I got I
• 41:30
  Speaker 7: got a lot of that camera footage off that same
• 41:33
  Speaker 7: house that we were watching and more.
• 41:37
  Speaker 1: Daring Smith, what do you believe happened to Olivia?
• 41:44
  Speaker 7: Her heart gave out. I think she was scared to death. Literally.
• 41:50
  Speaker 1: If you know or believe you know anything, even if
• 41:54
  Speaker 1: you think it may be insignificant, please dial Bay County
• 41:59
  Speaker 1: Sheriffs nine eight nine eight nine two eight five seven
• 42:04
  Speaker 1: one repeat nine eight nine eight nine two eight five
• 42:09
  Speaker 1: seven one. We want justice for Olivia. We remember American
• 42:16
  Speaker 1: hero Sergeant Scott Reese, ritman PD, Ohio, shot in the
• 42:21
  Speaker 1: line of duty, leaving behind a grieving wife, Michelle, and
• 42:26
  Speaker 1: two little girls, Abby and Maddie. American hero Sergeant Scott Reese.
• 42:34
  Speaker 1: Thank you to our guests, but especially to you for
• 42:36
  Speaker 1: being with us. Nancy Grace signing off for tonight, but
• 42:39
  Speaker 1: I'll see you tomorrow night, and until then, good night
• 42:42
  Speaker 1: for