Latest / Crime Stories with Nancy Grace / Wacko judge lets brutal rapist out to murder rape victim.

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Wacko judge lets brutal rapist out to murder rape victim. · Crime Stories with Nancy Grace

0:05
Speaker 1: Crime Stories with Nancy Grace. How does a gorgeous young
0:12
Speaker 1: girl who was a victim of a sex assault, a rape,
0:19
Speaker 1: get the courage to go forward with that, make a
0:21
Speaker 1: complaint and then end up murdered. I'm Nancy Grace, this
0:35
Speaker 1: is Crime Stories. Thank you for being with us here
0:37
Speaker 1: at Fox Nation and series XIM one eleven. I'm talking
0:42
Speaker 1: about Carla Dominguez Gonzalez. Why is she dead? How did
0:48
Speaker 1: that happen? Since when do you get the death penalty?
0:51
Speaker 1: Because you're brave? First of all, take a listen to this.
0:56
Speaker 1: In October, thirty one year old Carla Dominguez Gonzalez called
0:59
Speaker 1: police to report she had been sexually assaulted by Abraham Buyachi.
1:03
Speaker 1: Investigators charged Bulyachi with six felonies rape, sodomy, strangulation, abduction, burglary,
1:11
Speaker 1: and malicious wounding. The thirty three year old turned himself
1:14
Speaker 1: in and he was held without bond. At a preliminary
1:16
Speaker 1: hearing before Alexandria General District Court Chief Judge Donald M.
1:20
Speaker 1: Haddick in December, Karla Dominguez Gonzalez testified that the incident
1:24
Speaker 1: in her apartment on October tenth was violent and not consensual.
1:27
Speaker 1: Judge Haddick found probable cause to send the case to
1:30
Speaker 1: a grand jury and denied a request to allow Buyachi
1:33
Speaker 1: to post bond. The grand jury indicted Buyachi on five
1:36
Speaker 1: charges rape, sodomy, strangulation, abduction, and burglary. So this guy,
1:42
Speaker 1: this rapist, is given no bond. The judge was wise.
1:48
Speaker 1: There was a preliminary hearing. Now, in many jurisdictions, a
1:52
Speaker 1: case either goes to a grand jury, which is twenty
1:55
Speaker 1: to forty people they're taking off the voter registration list.
1:58
Speaker 1: Usually they meet one to two times a week. In
2:01
Speaker 1: most jurisdictions. They listen to bare bones evidence, just one witness,
2:05
Speaker 1: very often, and they decide is there enough evidence for
2:09
Speaker 1: an indictment a formal charge. Then there's a formal charge
2:13
Speaker 1: or a no bill. In other words, they don't charge.
2:17
Speaker 1: The indictments then are funnel through to judges in various
2:24
Speaker 1: courts of the courthouse. And my jurisdiction was done by number,
2:28
Speaker 1: so favorites were never play. One deck could get ten
2:30
Speaker 1: stuffy shotliftings. In the next week I could get five murders.
2:34
Speaker 1: It was all done by computer. There's another way a judge.
2:39
Speaker 1: Here's a preliminary hearing. Here's the evidence, witnesses are brought forward,
2:44
Speaker 1: usually just enough to make out the case, and then
2:47
Speaker 1: the judge decides is there enough evidence to bind the
2:50
Speaker 1: case over to misdemeanor or felony court? And that's what
2:54
Speaker 1: happened here. Ibrahm Biachi was bound over on multiple felonies,
2:59
Speaker 1: including and kidnapping. His victim, Carla Gonzalez, had to testify
3:06
Speaker 1: about her rape and her ordeal in open court. So
3:11
Speaker 1: why did she get the death penalty? Again? Thank you
3:15
Speaker 1: for being with us here at Fox Nation Series eleven
3:17
Speaker 1: with me an all star panel. First of all, veteran
3:21
Speaker 1: trial lawyer in multiple jurisdictions, New York criminal defense attorney
3:24
Speaker 1: Ken Belkin at Belkin Law dot com. Doctor Debbie Joffe Ellis, psychologist,
3:31
Speaker 1: adjunct Professor, Columbia University at Debbie Joffe Ellis dot com,
3:38
Speaker 1: Forensics expert, host of Shattered Souls podcast, Lecturer University Florida.
3:43
Speaker 1: Karen Smith, Joe Scott Morgan, Professor Forensics, Jacksonville State University,
3:48
Speaker 1: and author Blood Beneath My Feet Death investigator, but first
3:54
Speaker 1: to Sierra Gillespie Crimoline dot com investigative reporter. Sierra, First
3:59
Speaker 1: of all, take a listen to this. The sexual assault
4:02
Speaker 1: trial of Abraham Buyanci was originally scheduled to begin on
4:05
Speaker 1: March thirtieth, and his attorneys were preparing a defense that
4:08
Speaker 1: Ibraham Buianci and Carla Domingez Gonzales were boyfriend girlfriend, but
4:13
Speaker 1: the coronavirus pandemic put all court action on hold, even
4:16
Speaker 1: though Buianchi had been held without bail since he turned
4:19
Speaker 1: himself in on October twenty first, His lawyers argued that
4:23
Speaker 1: the virus was a danger to inmates as well as
4:25
Speaker 1: their attorneys, and that Buianchi should be freed while awaiting trial.
4:29
Speaker 1: On April ninth, Circuit Court Judge Nolan Dawkins released Buyachi
4:33
Speaker 1: on twenty five thousand dollars bond, with the condition that
4:36
Speaker 1: he only leave his home in Maryland to meet with
4:38
Speaker 1: lawyers or pre trial service officials. Okay, hold on, Sierra Gillestio,
4:42
Speaker 1: I was coming to you, but let me just first
4:44
Speaker 1: go to you. Ken Bell can really twenty five thousand
4:49
Speaker 1: dollars bond? We all know they only have to put
4:52
Speaker 1: up ten percent of that. That's twenty five hundred dollars.
4:56
Speaker 1: And also the defense to a VI kidnapping and rape
5:02
Speaker 1: and strangulation is their boyfriend girlfriend. I'm sorry, I don't
5:06
Speaker 1: remember that defense in law school. Yeah, what is that? Yeah?
5:10
Speaker 1: The fact that your boyfriend and girlfriend is not a
5:12
Speaker 1: very viable defense. Now, look with respect of their bail.
5:16
Speaker 1: This is emblematic of a pattern we're seeing play out
5:18
Speaker 1: across the country, and especially up here in New York
5:22
Speaker 1: City where I am. They judges are very susceptible to
5:25
Speaker 1: the argument that because of COVID, it's a hardship and
5:29
Speaker 1: our prisons are not equipped to deal with this sort
5:31
Speaker 1: of viral outbreak, and as such, bail conditions should be modified,
5:35
Speaker 1: defendants should be released. The reality is in prison is
5:40
Speaker 1: probably one of the few places where you have a
5:42
Speaker 1: constitutional right to adequate medical care. You're guaranteed to get
5:47
Speaker 1: medical care in prison. You're not guaranteed to get it
5:49
Speaker 1: outside in the real world. You know, I love the
5:51
Speaker 1: way you play. Look here, not there? All right? I
5:56
Speaker 1: start talking about COVID and the prisons system and the
6:01
Speaker 1: treatment system. Why in the h E double L did
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Speaker 1: this Judge Nolan Dawkins think that the rapist I'll just
6:11
Speaker 1: put it out there, because she was physically attacked with
6:17
Speaker 1: obvious injuries, She had a rape kit done she goes
6:21
Speaker 1: to testifies in court and they claim boyfriend girlfriend is
6:29
Speaker 1: the defense. Like that somehow it makes us put in
6:31
Speaker 1: perfume on the pig, like that makes it better, somehow
6:34
Speaker 1: easier to take the stench off the stink. No, because
6:41
Speaker 1: what it means Ken Belkin is first of all, a
6:44
Speaker 1: rape suspect. Says, that didn't happen. I don't know her,
6:48
Speaker 1: I've never seen her. Then it turns out, oh, here's
6:51
Speaker 1: Surilla's video of you in the bar, and there you
6:55
Speaker 1: are talking to her. Oh her, Yeah, she was just
7:00
Speaker 1: beside me in the bar. I don't know her. Okay,
7:04
Speaker 1: so now we've defeated that claim that they never met.
7:07
Speaker 1: Then it's witnesses saw you leaving the bar. Oh yeah,
7:13
Speaker 1: I walked her to her car. She invited me to
7:15
Speaker 1: walk her to her car. I had nothing to do
7:17
Speaker 1: with that. Now I remember I did walk her to
7:18
Speaker 1: the car, really, and no sex, No, No, I never
7:22
Speaker 1: touched her. I walked her to the car. Well, then,
7:24
Speaker 1: why is your seamen on her clothes and in her body?
7:29
Speaker 1: You know what, now that I think of it, I
7:32
Speaker 1: think she she wanted me. She was after me from
7:36
Speaker 1: the get go. Yeah, you know what you're right, we
7:39
Speaker 1: made out in the car. Well, what about the bruises
7:43
Speaker 1: on her neck? She liked it rough. Okay, See that's
7:47
Speaker 1: how that works. You start with I've never met her.
7:50
Speaker 1: I don't know what you're talking about, too. She likes
7:52
Speaker 1: it rough. So the boyfriend girlfriend thing, that's not really
7:57
Speaker 1: working for me, Ken Belkin, Yeah, it's not really working
8:00
Speaker 1: for me. And I can tell you this, if I
8:02
Speaker 1: was this defense attorney, I would be employing a much
8:04
Speaker 1: different strategy because that ship had sailed and that story
8:08
Speaker 1: has changed multiple times. Well, I guarantee Keim Belkin, this
8:11
Speaker 1: is what the defense lawyer was thinking. There's probably DNA.
8:16
Speaker 1: Jessica Morgan, Professor forensic Jackson State University. When I say DNA,
8:21
Speaker 1: let's just be blunt, all right, it's sperm in and
8:26
Speaker 1: on her body. So there's no way that he can
8:30
Speaker 1: say it wasn't me. So how overwhelming statistically can a
8:37
Speaker 1: DNA deoxyriboni clake acid result b How specific can it be?
8:44
Speaker 1: The odds are like in the millions up into the
8:47
Speaker 1: billions sometimes, Nancy, where we're talking about what are the
8:51
Speaker 1: chances that it could be someone else other than this person?
8:54
Speaker 1: You know, years ago, all we had to rely on.
8:57
Speaker 1: Prior to DNA was syrology, where we would look for
9:01
Speaker 1: people that would secrete blood cells into their seamen. And
9:05
Speaker 1: you know we're only talking about abo groups relative to that.
9:09
Speaker 1: This has taken this all to another level, and he
9:12
Speaker 1: knows this. I'm sure it's specificity that this is all
9:17
Speaker 1: hanging on. That's what makes this so difficult for the
9:19
Speaker 1: defense because who else could it have been? So he
9:24
Speaker 1: has no other choice but to say, well, yeah, I
9:26
Speaker 1: was in proximity to her, but this is something else.
9:31
Speaker 1: He has to be able to explain it well and
9:33
Speaker 1: defense counsel has to as well. And these are very
9:36
Speaker 1: difficult odds to be clime stories with Nancy Grace, the
9:50
Speaker 1: guys we're talking about now, a murdered, beautiful young woman,
9:57
Speaker 1: beautiful on the inside and the outside. Carl Unclenzalez, it's
10:03
Speaker 1: a good thing trials strategy wise, that the prosecutor did
10:08
Speaker 1: put her up at preliminary hearing for her testimony under
10:12
Speaker 1: oath and on the record. I never like to do that.
10:15
Speaker 1: I don't like preliminary hearings. Why because I put up
10:20
Speaker 1: enough of the case to get the case bound over
10:22
Speaker 1: to felony court to go to a pettit or jury
10:26
Speaker 1: of twelve versus a grand jury of forty. And when
10:30
Speaker 1: I'm doing that preliminary hearing, the defense has a right
10:32
Speaker 1: to cross examine my witnesses before the jury trial. I
10:36
Speaker 1: don't like that, but in this case, fortuitously, I'm glad
10:42
Speaker 1: our testimony was preserved. Take a listen to Police Chief
10:50
Speaker 1: Michael Brown. Ibrahim Buigi is one er for the July
10:54
Speaker 1: twenty ninth murder of Miss Carla Elizabeth Domingu's Gonzals. The
11:00
Speaker 1: murder occurred at approximately six twenty in the morning in
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Speaker 1: the fourteen hundred block of South Greenmont Drive in the
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Speaker 1: city of Alexandria. Attempts to locate mister Buigi have been
11:12
Speaker 1: unsuccessful and we are asking for the public's help in
11:15
Speaker 1: locating him. Buigi is described as a thirty three year
11:19
Speaker 1: old Middle Eastern mail six foot two a weighing approximately
11:22
Speaker 1: one hundred and eighty pounds. Luigi is considered armed and
11:26
Speaker 1: dangers and poses a potential threat to anyone who comes
11:30
Speaker 1: in contact with him. You're hearing the police Chief Michael
11:34
Speaker 1: Brown reporting what happened. Muichi on the run. At this point,
11:42
Speaker 1: they have no idea where he is. Take a listen
11:44
Speaker 1: to Washington DC NBC News drew a Wilder Carlo Dominguez.
11:48
Speaker 1: Rodriguez was found shot and killed near her apartment at
11:52
Speaker 1: town Square, just off of North Beauregard Street on July
11:55
Speaker 1: twenty ninth. Alexandria City police think this is her killer,
11:59
Speaker 1: thirty three year old Ibram Buachi. Attempt to locate MISTERI
12:03
Speaker 1: had been unsuccessful, and we were asking for the public
12:07
Speaker 1: soul in locating him. Police Chief Michael Brown says Buachi
12:10
Speaker 1: is a threat to anyone he comes in contact with,
12:13
Speaker 1: and to consider him armed and dangerous. We spoke with
12:16
Speaker 1: a woman who lives in the complex where the shooting happened.
12:18
Speaker 1: She asked us not to show her face. I also
12:21
Speaker 1: heard that the man was not captured, and so that's
12:26
Speaker 1: kind of disturbing. Police a. Buachi was last known to
12:29
Speaker 1: drive a stolen black two thousand and thirteen Nissan all
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Speaker 1: to missedan. I haven't even thought about, you know, whether
12:36
Speaker 1: or not he would come back. A go fund me
12:38
Speaker 1: for the victim says all of her family lives in Venezuela.
12:41
Speaker 1: A spokesperson for the city says Gonzalez was well known
12:44
Speaker 1: back home for competing in beauty pageants. The spokesperson says,
12:48
Speaker 1: there have already been memorials for Gonzalez in Venezuela, while
12:52
Speaker 1: detectives here searched for her killer and joining me Sierra
12:55
Speaker 1: Gillespie Crime Online dot Com investigative reporter Sierra Gillespie. How
13:00
Speaker 1: in the world did this judge Nolan Dawkins think it
13:05
Speaker 1: was a good idea to let Voichi go released on
13:10
Speaker 1: twenty five hundred dollars. I mean, the eye is already
13:15
Speaker 1: driving a stolen car. He can get money, so if
13:19
Speaker 1: he can get wheels like that, he can get money.
13:22
Speaker 1: Why was his life And as ken Belkin pointed out,
13:29
Speaker 1: would the best care the state can provide behind bars
13:32
Speaker 1: on rape, kidnaps, triangulation more important than the innocent victim,
13:39
Speaker 1: the beauty queen Carlo Gonzalez? What what was the judge thinking?
13:42
Speaker 1: What happened? Honestly, Nancy, hindsight is twenty twenty, so at
13:47
Speaker 1: this point we know it was clearly the wrong decision,
13:50
Speaker 1: and I think a lot of people would actually argue
13:52
Speaker 1: it was the wrong decision. Even at the time people
13:55
Speaker 1: knew that he was a threat, especially if this woman,
13:59
Speaker 1: the beautiful beauty, the queen was arguing that he had
14:02
Speaker 1: raped her. It was clearly not the right decision. But
14:05
Speaker 1: since then the judge has actually retired and he has
14:08
Speaker 1: not made any comments about this since because now we
14:11
Speaker 1: do know defeats of what happened to Carla Domingo Gondalez. Well, my,
14:15
Speaker 1: my my, isn't that convenient to doctor Debbie Joffe Ellis
14:21
Speaker 1: a joke Professor Columbia Debbie Joffe Ellis dot com. Wow,
14:27
Speaker 1: so this judge can just retire with full benefits, kick
14:31
Speaker 1: back with his feet up, and not issue a comment
14:35
Speaker 1: on the dead victum. I guess being a judge doesn't
14:39
Speaker 1: make one a saint. I mean, there's the element of
14:43
Speaker 1: all any of us. All of us can make a mistake,
14:46
Speaker 1: and it can be a minute, Doctor Debbie, hold on
14:50
Speaker 1: just a second. To me, A mistake is when I
14:52
Speaker 1: forget to get the blueberries at the grocery store, I
14:55
Speaker 1: forget to fill the car up place to pick up
14:59
Speaker 1: a tie dye T shirt. Lucy left her a little
15:01
Speaker 1: friend's house. I forgot it. That's a mistake. When you
15:05
Speaker 1: have a prosecutor and a victim begging, you do not
15:11
Speaker 1: let this guy out, I'm afraid, and you do it anyway.
15:16
Speaker 1: That's not a mistake, doctor Debby, That's a calculated decision
15:21
Speaker 1: that caused this girl her life. Would you like to rephrase, Well,
15:25
Speaker 1: perhaps the word mistake in this context was a little
15:29
Speaker 1: too mild for you. I mean, well, a little too mild. Okay,
15:34
Speaker 1: all right, I'm not denying that's a little too mild. Yeah. Look,
15:37
Speaker 1: I'm not denying that he's screwed up. I mean, no
15:40
Speaker 1: way defending him, I mean way in no way. But
15:47
Speaker 1: we can dwell on why did he do it? The
15:50
Speaker 1: fact is he did. Yeah, I want to know why
15:53
Speaker 1: I did it, so judges and the futures don't do
15:54
Speaker 1: it again. Yeah, well, then he would have to perhaps
15:57
Speaker 1: do some sort of cognitive test so that I don't
16:00
Speaker 1: know how much that would prove stars. Are you trying
16:04
Speaker 1: to say he had a meal of deficient, say you
16:06
Speaker 1: had an illness? No, I'm not, Nancy. I'm trying to
16:08
Speaker 1: be somewhat humorous. Because we can't read his mind. I
16:13
Speaker 1: can't from here, so I don't know what was going on.
16:17
Speaker 1: Whether we can't say he did or didn't have malicious intent.
16:22
Speaker 1: My hunches more towards negligence. And yes, I know you
16:26
Speaker 1: think I tend to be more kind. But the bottom
16:29
Speaker 1: line is we don't is the word. I think that
16:34
Speaker 1: you are seeing violent criminals through rose colored glasses, and
16:40
Speaker 1: I'm sure there's a psychological name for that. But let
16:45
Speaker 1: me just tell you. This woman went through hell when
16:51
Speaker 1: he kidnapped, attacked, strangled her, and raped her. Then she
17:00
Speaker 1: had to have a rape kit, which is a pelvic exam.
17:02
Speaker 1: Then she has to go and testify and relive the
17:06
Speaker 1: whole ordeal again in front of people she doesn't know,
17:09
Speaker 1: including a judge. Do you know how much I hate
17:13
Speaker 1: Doctor Debbie When people ei the Blue bring up to
17:17
Speaker 1: me my fiance's murder and it happened a long time ago.
17:21
Speaker 1: I can be having a perfectly fine day and somebody
17:24
Speaker 1: brings that up. I feel like I got kicked in
17:25
Speaker 1: the mouth. I hate it. I don't want to relive it.
17:29
Speaker 1: I don't want to talk about it. It feels like
17:31
Speaker 1: I have to go through it all over again, and
17:35
Speaker 1: I can be sad over it for days on end.
17:39
Speaker 1: My twins don't need a sad mommy, they need a
17:41
Speaker 1: happy mommy. So here's this girl has to get up
17:45
Speaker 1: and relive the whole thing, be re traumatized and that's
17:50
Speaker 1: just the preliminary hearing and subjects herself to cross exam
17:54
Speaker 1: by the defense lawyer. She's still got to do the
17:57
Speaker 1: whole thing again at trial. So this girl's been through
18:01
Speaker 1: h E double L already. Well, what is that when
18:06
Speaker 1: you don't want to talk about a trauma, you don't
18:10
Speaker 1: want to relive it? What's the psychological name for that? Well,
18:13
Speaker 1: there could be a few. It could be avoidance, it
18:17
Speaker 1: could be resistance. It's understandable, it's self protection. You know,
18:21
Speaker 1: one doesn't want to suffer. Our natural inclination as healthy humans,
18:26
Speaker 1: if we are, is to go towards feeling happy or
18:31
Speaker 1: positive emotions. So it's not a mystery that we don't
18:34
Speaker 1: want to do that. It can be, as you've described,
18:38
Speaker 1: very clearly agonizing, agonizing. But you are asking about the
18:46
Speaker 1: judge and his wrong decision, horrible decision. Yeah. Yeah, And
18:53
Speaker 1: the fact is I'm saying, perhaps the obvious to most
18:57
Speaker 1: of us, life isn't there. And with justice in many
19:02
Speaker 1: cases and things happened, Tsunami's happened, you know, some people die.
19:07
Speaker 1: This beautiful woman Crime Stories with Nancy Grace. Guys, we're
19:22
Speaker 1: talking about a young lady who was raped strangled, kidnapped
19:28
Speaker 1: by Ibraham Boichi. He was let out of jail after
19:34
Speaker 1: his arrest, and then he goes and shoots her dead.
19:40
Speaker 1: Now I've just spoken to, by all accounts, a renowned
19:44
Speaker 1: psychologist who's a professor professor Colombia. I mean, that's nothing
19:50
Speaker 1: to sneeze at, doctor Debbie Joffe Ellis. And she, in
19:55
Speaker 1: her wisdom, has compared a judge's decision to let this
19:59
Speaker 1: guy walk free to go kill as victim. She compared
20:04
Speaker 1: it to it an act of nature, a tragic cacti storm.
20:09
Speaker 1: You said a tsunami. I don't think a tsunami is
20:13
Speaker 1: intentionally planned by anyone, although some people claim as God
20:16
Speaker 1: releasing his wrath. I don't believe that. I think it's
20:19
Speaker 1: a convergence of medial meteorological factors and you have a tsunami.
20:28
Speaker 1: This judge did it on purpose. I mean, Ken Belkin,
20:32
Speaker 1: help me. Look, you know, the reality is, as I
20:36
Speaker 1: said before, in prison, you're guaranteed to get good health care,
20:40
Speaker 1: and in many cases people in prison are getting better
20:43
Speaker 1: health care than people outside. That's a fact. The state
20:46
Speaker 1: has to provide it to you. You have a constitutional
20:49
Speaker 1: right when in their customy the reality is this guy
20:51
Speaker 1: was thirty three, He was not, by all accounts, particularly
20:55
Speaker 1: susceptible to the worst effects of the coronavirus, and this
20:59
Speaker 1: judge fit to give him release conditions bond twenty five
21:03
Speaker 1: thousand dollars bond and pretrial services we're supposed to monitor him.
21:07
Speaker 1: I don't see that pretrial services did any monitoring. This
21:11
Speaker 1: guy went out and committed a murder of the victim
21:14
Speaker 1: and chief witness in the case against him. But the
21:16
Speaker 1: hell of a monitoring they did on him. Yeah, thank you,
21:19
Speaker 1: thank you AUS for to give up cursing. So I
21:21
Speaker 1: can't exactly say that, Okay, I agree with you they did.
21:24
Speaker 1: Apologies for the language. Oh guys, take a listen to
21:27
Speaker 1: our friend at Fox five DC. This is Tisha Lewis.
21:31
Speaker 1: We're steps away from the courthouse where all these decisions
21:34
Speaker 1: are being made, and we are told, though without commenting
21:37
Speaker 1: on a specific case, a spokesperson for the city says
21:39
Speaker 1: that ultimately it is up to the judge. The judge alone,
21:42
Speaker 1: on a case by case decides about these releases due
21:45
Speaker 1: to the coronavirus. But it's important to note that there's
21:48
Speaker 1: no specific mandate or notification process for notating if a
21:52
Speaker 1: case or if an innimate is being released due to
21:56
Speaker 1: COVID nineteen. Now what we can say is the city
21:58
Speaker 1: says that the only way to know for sure if
22:01
Speaker 1: someone was released due to the coronavirus pandemic would be
22:03
Speaker 1: to read the transcript of any bond hearing, which again
22:07
Speaker 1: still would not have to include the premise of the release.
22:10
Speaker 1: This new information comes as two inmates across our area
22:13
Speaker 1: were released due to COVID nineteen and then went on
22:16
Speaker 1: to allegedly commit murder. Thirty three year old Ibraheim Bowichi
22:19
Speaker 1: reportedly raped, strangled, and abducted Carla Dominguez back in October.
22:24
Speaker 1: She testified against him in December, and he was in
22:27
Speaker 1: jail and Alexandria being held without bond when it was
22:30
Speaker 1: released in April due to COVID nineteen concerns and safety
22:33
Speaker 1: measures in the jails. He's accused of fatally shooting Dominguez
22:37
Speaker 1: on July twenty ninth. She is dead, Her family left
22:40
Speaker 1: to mourn and made to try to figure out what
22:42
Speaker 1: the hey happened? What went wrong? Joining me in All
22:47
Speaker 1: Star panels here at Gillespie, Joe Scott, Morgan, Karen Smith,
22:50
Speaker 1: doctor Debbie Joffe Ellis and Ken Belkin to you. Karen Smith,
22:59
Speaker 1: forensics expert host Shattered Souls podcast. We know that she
23:04
Speaker 1: was brutally raped and strangled. She was very persuasive on
23:11
Speaker 1: the stand. The judge believed her at the preliminary hearing.
23:15
Speaker 1: What evidence do you believe was brought forward at the
23:18
Speaker 1: preliminary hearing to convince the judge that this should be
23:22
Speaker 1: tried in front of a felony jury. We've already talked
23:25
Speaker 1: about the seaman evidence that they've obviously found. You have
23:28
Speaker 1: photographs of the bruises on her neck, you have her
23:30
Speaker 1: own testimony. Fancy, I am gritting my teeth. I am
23:34
Speaker 1: so angry right now because, bottom line, to put a
23:37
Speaker 1: button on it, Carla Dominguez Gonzalez should be alliance right now,
23:41
Speaker 1: and but for the actions of this judge allowing the
23:45
Speaker 1: release of a vicious, horrible felon into the general population
23:51
Speaker 1: of this country, she is now dead. And frankly, I
23:55
Speaker 1: am really upset because of the retired cop. Now the
23:59
Speaker 1: ONUS has put back on the cop to go find him,
24:01
Speaker 1: when their resources could be better put toward preventing crime,
24:06
Speaker 1: toward boots on the ground. They're dealing with COVID. This
24:10
Speaker 1: is ridiculous. I don't know where common sense has gone, Nancy,
24:13
Speaker 1: it has gone out the window. Well, I guarantee you this.
24:16
Speaker 1: I guarantee you this. Judge Nolan Dawkins heard the word
24:20
Speaker 1: boyfriend girlfriend as the defense and suddenly decided that rapeist triangulations.
24:29
Speaker 1: Back to Jo Scott Morgan, professor Forensics, chasevill State University,
24:33
Speaker 1: author Blood Beneath My Feet Jesscot Morgan, all of this
24:38
Speaker 1: is a travesty. I'm thinking about Carla Domingus Gonzalez. They're
24:46
Speaker 1: afraid she may have had no idea this guy was
24:54
Speaker 1: even out. Did you hear what the earlier reporter said
24:58
Speaker 1: that the only way to find doubt if somebody gets
25:01
Speaker 1: out on bonds. If you read the transcript for the
25:04
Speaker 1: bond hearing. Have I ever told you this? Joe Scott
25:08
Speaker 1: I was working at Court TV, thirty ninth and Third
25:11
Speaker 1: Avenue in New York. I got off the air. I
25:14
Speaker 1: had been there since about five thirty that morning, went
25:17
Speaker 1: to my office, turn on the computer, saw an email
25:21
Speaker 1: from a viewer, opened it up and they told me
25:27
Speaker 1: my fiancee's murderer had gotten out on parole. I didn't know.
25:33
Speaker 1: I knew nothing about it. His family knew nothing about it.
25:37
Speaker 1: It was a big surprise. I forgot how the viewer
25:40
Speaker 1: found out. I think she had must have looked up
25:45
Speaker 1: the case and found out the killer was out walking free.
25:52
Speaker 1: How do you the fact that a victim has to
25:57
Speaker 1: get a hold of the bond hearing transcript of five
26:00
Speaker 1: find out what happened? Did you hear that, Joe Scott? Yeah?
26:05
Speaker 1: I did. It's obscene. And let me tell you something else.
26:10
Speaker 1: When she was shot, Nancy, this is not like they
26:13
Speaker 1: just happened to bump into one another in the late evening,
26:15
Speaker 1: maybe going out for a bite to eat, and they
26:17
Speaker 1: just happened to be in the same spot. This happened
26:20
Speaker 1: early in the morning. This animal was stalking her. He
26:25
Speaker 1: waited outside where she was living, and he gunned her down.
26:30
Speaker 1: And let me tell you something else that's significant about this.
26:33
Speaker 1: After all the reading that I've done on this case, Nancy,
26:36
Speaker 1: do you realize that for the year twenty twenty, this
26:40
Speaker 1: was the first number one first homicide in this jurisdiction,
26:46
Speaker 1: the first So back to the judge, just for a second,
26:50
Speaker 1: your honor, what else did you have on the docket?
26:53
Speaker 1: That day that was so freaking pressing that you couldn't
26:57
Speaker 1: ensure that he's going to be safe. You didn't need
27:02
Speaker 1: to have the wherewithal, the forethought in your brilliant mind
27:06
Speaker 1: to make this guy wearing an ankle monitor and another thing.
27:09
Speaker 1: He's so violent, Nancy, we talk about the violence that
27:12
Speaker 1: was inflicted. Let's talk about this. She was raped, she
27:15
Speaker 1: was beaten, she was sodomized, Nancy, she was terrorized. And
27:20
Speaker 1: so you're gonna cut this guy loose and just say, well, sugar,
27:24
Speaker 1: you just stay at home, and we're gonna rely upon
27:27
Speaker 1: this twenty five thousand dollars bond to keep you indoors,
27:31
Speaker 1: and you're not gonna do anything else. And it's not
27:33
Speaker 1: just about her. I want to know where this guy lived,
27:36
Speaker 1: because if you cut him loose and he has this indication,
27:40
Speaker 1: he wasn't convicted, but he has this indication of this
27:43
Speaker 1: level of violence. I mean, this is animalistic, Nancy, it's brutal.
27:48
Speaker 1: You're gonna let him live. Let's say he lived in
27:51
Speaker 1: an apartment somewhere. Well, how do you know there's not
27:53
Speaker 1: young children, other defenseless women that are living immediately adjacent
27:58
Speaker 1: to him? And you're gonna cut him loose and let
28:01
Speaker 1: him introduce him back into society without any kind of controls.
28:06
Speaker 1: Have you lost your mind? Well, apparently it was temporary insanity,
28:12
Speaker 1: because I gotta tell you he's destroyed. He ripped her
28:15
Speaker 1: to shreds. Here's one more thing, and I'll shut my mouth.
28:19
Speaker 1: How in the I'll say it? How in the hell
28:22
Speaker 1: does this guy have a firearm? He is so violent, Nancy.
28:26
Speaker 1: If he's that violent, why didn't somebody go to his home,
28:30
Speaker 1: rifle through his home because he is a danger to
28:33
Speaker 1: the public, and say, these are the controls, These are
28:36
Speaker 1: as the stipulations. You cannot be in possession of a firearm.
28:40
Speaker 1: How does he have a pistol? How does he have
28:42
Speaker 1: the ability to possess one? When he's staring down bad
28:46
Speaker 1: choice of words, the barrel of these kind of charges,
28:50
Speaker 1: and then he's cut loose. This guy, this judge, this
28:55
Speaker 1: judge should be held to account, and also the people
28:59
Speaker 1: that are supposed to be quote unquote monitoring Hill crime
29:12
Speaker 1: stories with Nancy Grace. Guys, we are talking about a
29:17
Speaker 1: travesty and a tragedy. A violent criminal who strangles, rapes, kidnaps, sodomizes,
29:25
Speaker 1: gorgeous young girl, a beauty queen, is then given bond.
29:32
Speaker 1: He kills her. Now Joe Scott, while we're on it,
29:39
Speaker 1: let me give you the sour icing to top the
29:45
Speaker 1: poisonous cake. I hope you're sitting down. You may need
29:48
Speaker 1: to lay down for this. Buatchie had another run in
29:53
Speaker 1: with the law, run in euphemism just before the shooting
29:59
Speaker 1: in Now remember I believe didn't he get bond in April?
30:03
Speaker 1: Didn't know when doc has given bond in April? Get
30:06
Speaker 1: ready everybody. In May, one month later, he is arrested
30:12
Speaker 1: by green Belt police over a hold up alarm at
30:15
Speaker 1: a Wendy's. Cops saved why he was acting strangely in
30:19
Speaker 1: the drive through, became uncooperative with police arrest. Had charged
30:24
Speaker 1: with two counts a first degree assault, to count secondary assault,
30:27
Speaker 1: harming a law enforcement dog, resisting arrest, driving drunk. After
30:32
Speaker 1: he got out on bond in April on rape and
30:36
Speaker 1: strangulation in sodomy. He was then released May eleven, with
30:43
Speaker 1: Alexandra officials saying we didn't know. We would have revoked
30:48
Speaker 1: his bond if we knew. There's nothing you can tell
30:53
Speaker 1: Carlos family that's going to make them feel any better.
30:57
Speaker 1: I mean, I almost wish they didn't know about this.
31:01
Speaker 1: Did you know that Joe Scott he was actually a
31:03
Speaker 1: arrested and a Windy's drive through. No I didn't, and
31:06
Speaker 1: attacked a police dog in May after his release in April,
31:10
Speaker 1: No I had no idea. I thought that my head
31:13
Speaker 1: was going to explode. It has now officially exploded. This again,
31:18
Speaker 1: is an indication, you know, it's It doesn't a disservice
31:21
Speaker 1: to simply say, well, the left hand doesn't know what
31:24
Speaker 1: the right hands doing. You know, that's okay if you're
31:28
Speaker 1: if you're out working on a house, or if you're
31:29
Speaker 1: out working on a car or something like that. We're
31:32
Speaker 1: talking about people's lives here. You know that that the courts,
31:38
Speaker 1: that the courts in this system would be this dismissive
31:41
Speaker 1: and this event because who all. I mean, you've already
31:44
Speaker 1: got an indication that he's a danger, and now you're
31:48
Speaker 1: going to talk about he gets involved getting kakey with
31:51
Speaker 1: the police and attacking a police dog as well, you
31:54
Speaker 1: know to what extent and I know what we can say, well,
31:57
Speaker 1: he's got some kind of this poor thing has got
31:59
Speaker 1: some kind of psychopathology going on. He just needed hell Yeah, Well,
32:04
Speaker 1: you know, the squirrel needed help too, and in the balance,
32:07
Speaker 1: apparently his needs outweighed her. It's not the first time
32:11
Speaker 1: an instant like this has occurred. Take a listen to
32:14
Speaker 1: cut fourteen our friends at k in pH Fox twenty six.
32:19
Speaker 1: This is reporter Marie Atinger. Just two and a half
32:23
Speaker 1: weeks ago, thirty seven year old Eric Simmons was arrested
32:26
Speaker 1: on charges of rape, robbery, battery, assault with a deadly weapon.
32:30
Speaker 1: He also had an outstanding morn for spousal abuse. He
32:34
Speaker 1: posted bond and got out. Now he's back in jail,
32:37
Speaker 1: arrested for eight new felony counts spousal abuse again, plus autothaft,
32:42
Speaker 1: looting in other charges. That's the worst part, because you know,
32:46
Speaker 1: we do this to protect the public from becoming a victim.
32:49
Speaker 1: And to know you have somebody in your grasp and
32:51
Speaker 1: you're locking them up and the next day they're out
32:54
Speaker 1: and now they're victimizing somebody new And how do you
32:57
Speaker 1: explain that to that person that, hey, I just rest
33:00
Speaker 1: of this guy yesterday and I'm sorry. I wish I
33:02
Speaker 1: could have protected you, but my hands were tied. On
33:05
Speaker 1: April twenty third, Simmons was arrested for running from police,
33:08
Speaker 1: driving on a suspended license, and drug charges. His bail
33:11
Speaker 1: would have been fifty eight thousand bucks, but the zero
33:14
Speaker 1: dollars bail rule meant he didn't know a dime. Well,
33:17
Speaker 1: that was defendant Eric Simmons take a listen to our
33:20
Speaker 1: friends across the country. At w STM CNY Central News,
33:25
Speaker 1: Lauren khalil Da William Fitzpatrick says the incident never should
33:29
Speaker 1: have happened in the first place. Mister Mobley is dead
33:33
Speaker 1: because of your new law, that law, bail reform. According
33:37
Speaker 1: to Fitzpatrick, Mowbli had a history of run ins with
33:40
Speaker 1: the law. He had been charged earlier in the year
33:43
Speaker 1: with the burglary. We're investigating information that he may have
33:48
Speaker 1: been involved in some arsons. He clearly had no disrespect
33:53
Speaker 1: to the dead, but he clearly had some mental health issues.
33:56
Speaker 1: You put that together, and any judge in the past
34:01
Speaker 1: would have said, this individual is going to be held
34:03
Speaker 1: without bail until such time as his mental health issues
34:06
Speaker 1: are addressed. Fitzpatrick says the judge did exactly what he
34:10
Speaker 1: was supposed to do in accordance with the new bail
34:12
Speaker 1: reform law. As for the Syracuse Police, officer involved in
34:16
Speaker 1: the deadly shooting. He's been released from the hospital and
34:19
Speaker 1: his name will be released in the next few days
34:21
Speaker 1: as prosecutors and police continue to investigate. There you have
34:25
Speaker 1: people losing their allies, a cop in the hospital because
34:28
Speaker 1: of bail reform, judges making horrible decisions not convinced. Take
34:34
Speaker 1: listen to cut thirteen our friends at WRGB CBS six.
34:38
Speaker 1: All the states new bail laws tangled up Troy police
34:41
Speaker 1: in a loop of catch and release. They arrested Scott
34:43
Speaker 1: Nolan three times in seven hours Yesterday. Around nine am,
34:47
Speaker 1: they arrested him and charged him for shoplifting. He was
34:50
Speaker 1: released with an appearance ticket. Hours later, they say he
34:53
Speaker 1: assaulted a man. Just before two thirty, he was arrested
34:56
Speaker 1: and released again. Then just before four thirty, they say
34:59
Speaker 1: he hit another person with a brick. Police charged him
35:02
Speaker 1: with second degree attempted assault and third degree criminal possession
35:05
Speaker 1: of a weapon, which kept him in custody. They just
35:07
Speaker 1: basically become reactive instead of a proactive police department. Nicholas
35:10
Speaker 1: Laviano was the president of Troy's police union. He says
35:14
Speaker 1: the department knows Nolan well, and he says this isn't
35:17
Speaker 1: Nolan's first run in with the department back in January,
35:19
Speaker 1: police charged him with criminal mischief and released him. They
35:22
Speaker 1: say they caught him committing the same crime hours later.
35:25
Speaker 1: Laviano says Nolan's criminal history is fifty pages long and
35:29
Speaker 1: that has to be printed out every time he's arrested.
35:31
Speaker 1: He says that process uses up time and taxpayer moneys
35:35
Speaker 1: a bit of a morale killer. They know that they're
35:37
Speaker 1: not out there doing the real police work that they
35:40
Speaker 1: want to be doing. Ken Belkin, did you hear that?
35:43
Speaker 1: Ken Belkin is joining me in New York? Defense attorney
35:45
Speaker 1: Belkin Law dot Com. A fifty page rap sheet. Believe
35:50
Speaker 1: it or not, I've seen one that long made my
35:52
Speaker 1: stomach turn. Fifty pages. It's not impossible. This guy's walking
35:57
Speaker 1: around with a break in his hand. I have certainly
36:00
Speaker 1: represented people with rap sheets that long in my day,
36:04
Speaker 1: and let they tell you if you're not proud of it, look,
36:07
Speaker 1: I do the best they can for these people. I'd
36:09
Speaker 1: like to think that the end of the day, I've
36:11
Speaker 1: helped their lives on some level. You know, it's it's
36:15
Speaker 1: not a cartoonist thing where it's like, oh, I got
36:17
Speaker 1: him off, he's free to go to mccrimes. I'd like
36:19
Speaker 1: to see my clients get help when they need it.
36:21
Speaker 1: But the fact of the matter is there are forces
36:23
Speaker 1: in this country and you see them at work here
36:26
Speaker 1: in New York City where and they want to undo
36:29
Speaker 1: our bail laws. And in New York right now there
36:31
Speaker 1: is a five page list of crimes that judges are
36:35
Speaker 1: prohibited from setting bail on right now in New York City. Now,
36:40
Speaker 1: add to that, there are bail fund organizations out there
36:44
Speaker 1: that when judges, in the limited circumstances that judges are
36:48
Speaker 1: even allowed to set bail these days, these bail funds
36:51
Speaker 1: will post the bail for these defendants. And what happens
36:54
Speaker 1: is the purpose of bail is that you don't trust
36:57
Speaker 1: this defendant's going to come back to court, so you
37:00
Speaker 1: want to hold something over them rather than put them
37:02
Speaker 1: in jail, and we hold some money and if they
37:04
Speaker 1: come back to court make all their appearances, they get
37:07
Speaker 1: that money back. These bail funds and these reforms totally
37:11
Speaker 1: defeat the purpose. If someone else is paying the bail,
37:14
Speaker 1: when a judge can even set it, what is the
37:16
Speaker 1: incentive for someone to come back to court. You know,
37:18
Speaker 1: I want to go to doctor Debbie Joffe Ellis and
37:23
Speaker 1: John Professor, Columbia University, renowned psychologist, doctor Debbie, and just
37:31
Speaker 1: thinking about how you would feel keep defending these people
37:36
Speaker 1: and but a guy like that coming at you with
37:40
Speaker 1: a brick. I mean, there are people they may need help.
37:48
Speaker 1: I want them to have help, but I don't want
37:51
Speaker 1: them released and unleashed on the public. I couldn't agree
37:56
Speaker 1: with you more, Nancy. And I'm a psycholog, I'm not
38:00
Speaker 1: a lawyer. I wish there were ways that you could
38:04
Speaker 1: hold judges accountable when they make unbelievably wrong decisions. So
38:11
Speaker 1: I think we're on the same page. Frankly, the end
38:14
Speaker 1: of that is defendant. He goes missing, Corps can't find him,
38:20
Speaker 1: he shoots himself. I don't have to worry about him
38:25
Speaker 1: hurting anybody else. But the ailment in our justice system remains,
38:32
Speaker 1: and there will be other Croa Dominguez's innocent victims if
38:38
Speaker 1: we don't act. Nancy Grace Crime Story signing up, Goodbye,