Latest / Crime Stories with Nancy Grace / JUSTICE! LAKEN RILEY MURDER SUSPECT GUILTY ON ALL COUNTS
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- 0:00Speaker 1: Crime Stories with Nancy Grace guilty, guilty on all accounts,
- 0:09Speaker 1: illegal immigrant Jose Ebarra guilty, and the brutal murder of
- 0:17Speaker 1: uga co ed lacn Riley out for a morning jog
- 0:24Speaker 1: this after murdered. Lacan's mother's frantic text to her just
- 0:31Speaker 1: before her daughter's body found brutalized, and Nancy Grace, this
- 0:37Speaker 1: is crime Stories, thank you for being with us.
- 0:41Speaker 2: And what is the text says, good morning, about to
- 0:44Speaker 2: go for a run?
- 0:46Speaker 1: Is you're a freaking daughter? And did she in fact
- 0:49Speaker 1: call her mother? She did in the last hours a
- 0:52Speaker 1: stunning verdict in an Athens, Georgia courtroom, illegal immigrant migrant
- 0:58Speaker 1: worker Jose Ebara guilty and the brutal murder of a
- 1:04Speaker 1: gorgeous young Deans student Lake and Riley with me an
- 1:10Speaker 1: all star penalty. Make sense of what we are hearing
- 1:13Speaker 1: straight out to Dave Matt joining us at the courthouse.
- 1:18Speaker 1: You know, Dave mac as the defense put up a
- 1:21Speaker 1: semblance of a case, it almost seemed to me as
- 1:25Speaker 1: if they weren't really trying or Dave, is it a
- 1:28Speaker 1: matter of the fact they didn't have that much to
- 1:30Speaker 1: work with?
- 1:31Speaker 3: I think they didn't have that much to work with Nancy,
- 1:33Speaker 3: and they were trying to point the finger at jose
- 1:37Speaker 3: Ivar's brother, Diego in particular, and that was what the
- 1:40Speaker 3: whole point of their defense was going to be. Because
- 1:42Speaker 3: they didn't have anything else but last minute stuff. They
- 1:46Speaker 3: had planned to call Diego and their other brother to
- 1:48Speaker 3: the stand as.
- 1:49Speaker 4: Part of their defense testimony. Didn't do it.
- 1:51Speaker 3: They actually presented some things to the judge late last
- 1:54Speaker 3: night and then decided not to call jose A Bara's
- 1:58Speaker 3: brothers as part of this case.
- 2:00Speaker 1: Yeah, and I think I know why. Joining me, founder
- 2:03Speaker 1: director of Cold Case Research Institute, star of Zone seven podcast,
- 2:07Speaker 1: Cheryl McCollum, I think you and I know why Diego
- 2:10Speaker 1: Ebarra didn't take the stand.
- 2:12Speaker 5: Absolutely, He's a known gang member. He is a criminal,
- 2:16Speaker 5: and there's nothing he could say that can help his
- 2:20Speaker 5: brother unless he got himself into some trouble.
- 2:23Speaker 1: Line to the court, what a day in an American courtroom,
- 2:27Speaker 1: A case that stunned the nation in its brutality. Comes
- 2:32Speaker 1: to a close straight out to Philip Dubay joining us
- 2:37Speaker 1: high profile lawyer in the La County Public Defender's Office.
- 2:42Speaker 1: Of course, Diego Ebarra, which is really where the defense
- 2:46Speaker 1: had hung its hat, was not going to come in
- 2:49Speaker 1: and jeopardize himself by saying what I did it.
- 2:51Speaker 6: Well, a couple of problems.
- 2:53Speaker 7: First of all, I believe the prosecution violated due process.
- 2:56Speaker 7: They should have never presented that third part culprit defense
- 3:01Speaker 7: in its case in chief. The prosecution has to build
- 3:04Speaker 7: its case completely independent of the defense case, and by
- 3:08Speaker 7: hijacking that defense and building into its case in chief
- 3:12Speaker 7: is illegal. And the reason why is that the defense
- 3:17Speaker 7: Oh sorry, I fell asleep.
- 3:18Speaker 1: Why didn't they call diego Ebor to the stand nutshell,
- 3:22Speaker 1: we're playing ping pong, not chess.
- 3:24Speaker 7: Because they would not immunize him should he say something incriminating.
- 3:28Speaker 1: And I believe he means that I did it.
- 3:31Speaker 7: No, I mean what if, hypothetically he said something that
- 3:34Speaker 7: could be contorted and twisted into a tacit admission. What
- 3:38Speaker 7: protection does the young man have. He's already an immigration jeopardy,
- 3:42Speaker 7: having to go back to a country where we have
- 3:45Speaker 7: no diplomatic relations. He's not going to do anything to
- 3:48Speaker 7: compromise his status, let alone go to prison.
- 3:50Speaker 6: Okay, you know what, Cheryl mccoum.
- 3:54Speaker 1: You're not a lawyer, much less a high profile lawyer
- 3:58Speaker 1: like Philip Debay, But.
- 4:00Speaker 6: Can you give it to me?
- 4:01Speaker 1: In a nutshell, there's no way in h e double
- 4:04Speaker 1: l The Diego Ebara was going to take the stand
- 4:09Speaker 1: to defend his brother on a brutal attempted rape and
- 4:12Speaker 1: murder charge bludgeoning a co ed dead with a rock.
- 4:18Speaker 1: And what was he going to say to save his brother? Yeah,
- 4:21Speaker 1: you got the wrong guy, I really did it.
- 4:23Speaker 5: Zero chance he was ever going to take this stand.
- 4:26Speaker 5: Anything that he says can and will be used against them.
- 4:31Speaker 5: While he's sitting there, what was he going to say, Yes,
- 4:34Speaker 5: that's my hat, Yes, I.
- 4:36Speaker 4: Was wearing it the day she was murdered.
- 4:38Speaker 5: He cannot say anything truthfully that could help his brother.
- 4:44Speaker 5: His brother is own video fulcan being a predator hunting
- 4:50Speaker 5: for a victim. He's own video walking to the path
- 4:53Speaker 5: where he attacked lakeln Riley. Then he's own video discarding
- 4:58Speaker 5: bloody clothing that as his DNA and Lakeland together them.
- 5:04Speaker 5: His fingerprint is on her sell phone. His brother Diego
- 5:08Speaker 5: could say nothing to help Hooset nothing.
- 5:12Speaker 6: And in one.
- 5:13Speaker 1: More twist, Cheryl McCollum, if the brother Diego Ebara had
- 5:17Speaker 1: taken the stand and there was quite a courtroom skirmish
- 5:20Speaker 1: over whether he would take the stand. Whatever he said,
- 5:24Speaker 1: even if he took responsibility, even if he tried to
- 5:27Speaker 1: give his brother an alibi, would subject him to perjury charges. Look,
- 5:32Speaker 1: he would get He's going to get deported anyway, much
- 5:35Speaker 1: less taking the stand and lying. Now, remember this was
- 5:39Speaker 1: a bench trial. This has been a bench trial from
- 5:42Speaker 1: the get go, with the defense wanted to have the
- 5:44Speaker 1: case heard before a judge and not a jury. So
- 5:47Speaker 1: throughout this entire trial we have seen great deference given
- 5:52Speaker 1: to Lincoln Riley's family. Now this judge, remember as he's
- 5:58Speaker 1: looking out at the family, he had to render a
- 6:01Speaker 1: verdict and sentencing after this. Listen.
- 6:06Speaker 8: In shocking testimony, University of Georgia police sergeant Sophie Rabout
- 6:10Speaker 8: recounts the last moments of Lake and Riley's life, breaking
- 6:14Speaker 8: down the minutes into a timeline. Preparing for the last
- 6:18Speaker 8: jog of her life, Lake and Riley reaches out to
- 6:20Speaker 8: her mother by text at a fifty five am asking
- 6:23Speaker 8: if she's free to talk. At nine oh three am,
- 6:26Speaker 8: Riley calls her mother. Leake and Riley then listens to
- 6:30Speaker 8: music and is seen on a trail camera at nine
- 6:32Speaker 8: oh five am. She carries her iPhone in her left hand,
- 6:36Speaker 8: which is facing toward the intramur fields. At nine oh
- 6:39Speaker 8: six am, Lake and Riley runs out of view of
- 6:42Speaker 8: the camera.
- 6:43Speaker 1: Now this testimony regarding the final texts sent by Laken
- 6:48Speaker 1: to her mother. Her mother in court throughout the trial
- 6:52Speaker 1: sobbing at the memory of those texts, and then mom
- 6:57Speaker 1: tries to call back.
- 6:59Speaker 9: Listen data collected from the Garmin watch Lake and Riley
- 7:03Speaker 9: was wearing on her jog her heart was no longer
- 7:06Speaker 9: beating at nine to twenty eight am. She does not
- 7:09Speaker 9: reply to her mother's text at nine thirty eight am
- 7:12Speaker 9: and fails to answer phone calls. Her mother sends another
- 7:15Speaker 9: text at nine fifty eight am. You're making me nervous,
- 7:19Speaker 9: not answering when you're out running. Are you okay? And
- 7:22Speaker 9: another text from her mother at eleven forty seven am,
- 7:25Speaker 9: pleading please call me. I'm worried sick about you.
- 7:28Speaker 1: You know to Scott Iiker, joining us founding member of
- 7:33Speaker 1: the FBI's Cellular Analysis Survey Team. Scott can be found
- 7:39Speaker 1: at PCA Experts dot com. Scott, I know you deal
- 7:43Speaker 1: with data. You deal with satellites and raw digital and
- 7:48Speaker 1: sell data every day of your life. Amazing that you're
- 7:53Speaker 1: a founding member of the FBI Sell Analysis Team Cellular analysis.
- 8:01Speaker 1: How does it feel you have been analyzing the digital
- 8:06Speaker 1: facts that we know so far, the data that came
- 8:10Speaker 1: forward at trial, but to hear it put in such
- 8:13Speaker 1: human terms. For instance, her Garmin watch shows her heart
- 8:17Speaker 1: stopped beating at nine twenty eight, she's texting her mother,
- 8:25Speaker 1: trying to reach her mom, trying to call her at
- 8:28Speaker 1: nine o three. By nine twenty eight, she's dead in
- 8:33Speaker 1: twenty five minutes. By nine p fifty eight, her mother
- 8:40Speaker 1: is sending repeated texts, you're making me nervous. You're not
- 8:45Speaker 1: answering when you're out running, are you okay? It's almost
- 8:48Speaker 1: as if the mom had a foreboding premonition, and it's
- 8:53Speaker 1: all proven through Sell data analysis. Scott, I agree.
- 8:58Speaker 10: This information that you can like from not only the
- 9:01Speaker 10: cell phone, the victim's cell phone, but the defendant cell
- 9:05Speaker 10: phone and the garment watch really puts it all together.
- 9:08Speaker 10: It was fantastic how the cast agent that testified in
- 9:11Speaker 10: this case and the officers that downloaded the garment information
- 9:17Speaker 10: they put it all together in this presentation that really
- 9:20Speaker 10: did show the judge that this information showed that the
- 9:24Speaker 10: defendant's phone and the victim's phone were in the same
- 9:27Speaker 10: area at the time of her death, at the time
- 9:30Speaker 10: of her heart stopped stopped beating. It's sad, but it's
- 9:35Speaker 10: fantastic when we can get this information together at all
- 9:38Speaker 10: at once.
- 9:39Speaker 1: And the defense actually brings forward a witness suggesting that
- 9:46Speaker 1: it was another trail gooer that could have murdered Laken.
- 9:52Speaker 1: But the poignant nature of the video you're seeing right now,
- 9:56Speaker 1: no doubt, had a huge impact on the judge.
- 10:00Speaker 6: And I mean, think about it.
- 10:01Speaker 1: To doctor Angela Arnold joining us renowned psychiatrist in the
- 10:04Speaker 1: Atlanta jurisdiction at Angela Arnold MD dot com. The mother,
- 10:09Speaker 1: the whole family sitting in the well watching this trial
- 10:14Speaker 1: and they have to see Lacn's final moments and she
- 10:19Speaker 1: was out.
- 10:20Speaker 6: Running free before.
- 10:22Speaker 1: She was so brutally murdered. And Mom has to remember
- 10:26Speaker 1: those moments we're talking about. And the judge sees all
- 10:29Speaker 1: of this happening and he knows what the evidence is.
- 10:33Speaker 1: Mom has to sit there and listen to the call
- 10:38Speaker 1: where her daughter tried to call her, the text where
- 10:40Speaker 1: her daughter was texting her, her trying to call back,
- 10:43Speaker 1: those moments where she had no idea Laken was already
- 10:48Speaker 1: dead or was in the middle of an attack.
- 10:51Speaker 11: Nancy, I am not sure that this is something that
- 10:55Speaker 11: the mother will ever be able to recover from. This
- 10:58Speaker 11: is a trauma that she has suffered. And anyone who
- 11:01Speaker 11: is a mother, I'm sure is feeling the exact same
- 11:04Speaker 11: way about this. How unsafe, how unsafe somebody can be
- 11:09Speaker 11: just to go out on a run. I feel for
- 11:13Speaker 11: that mother from the bottom of my heart. Nancy, It's
- 11:17Speaker 11: a tragedy beyond belief.
- 11:19Speaker 1: Well another thing, doctor Angie, there is such a thing
- 11:22Speaker 1: as survivor guilt. The mom forever chastising herself, saying, oh,
- 11:27Speaker 1: what if I had called her and we had gotten
- 11:30Speaker 1: in a conversation. What if I had picked that phone
- 11:32Speaker 1: up or answered that text and we talked for ten minutes.
- 11:35Speaker 1: Would jose E Barro have picked somebody else? I mean,
- 11:39Speaker 1: I've thought over and over in my mind for years.
- 11:43Speaker 1: What if I had kept Keith at the house at
- 11:46Speaker 1: my parents' house for twenty extra minutes the morning he left.
- 11:48Speaker 1: Would it have made a difference. I mean, it's so
- 11:52Speaker 1: hard on the victims' families.
- 11:54Speaker 11: And I'm sure Nancy, like you said, you're still thinking
- 11:57Speaker 11: about that, Nancy. How And there's certain things we can't control.
- 12:03Speaker 11: The mother will think that forever, and yes, she will
- 12:07Speaker 11: have some form of survivor guilt on top of the traumatic,
- 12:12Speaker 11: the post traumatic stress disorder that this poor woman will suffer.
- 12:16Speaker 11: She will have nightmares, she will not be able to sleep.
- 12:20Speaker 11: She's going to see Laken, She's going to replay this
- 12:24Speaker 11: in her mind for years. It's a tragedy beyond belief.
- 12:30Speaker 1: I'm just looking at the video, Cheryl, and you and
- 12:35Speaker 1: I have walked the scene over and over and over
- 12:39Speaker 1: and traced her route, but looking at her as she
- 12:44Speaker 1: rounds that bend out just running, young, free as a bird, beautiful,
- 12:54Speaker 1: so full of vitality, so alive, and she runs and
- 12:59Speaker 1: runs and turns that corner, and you and I looking
- 13:03Speaker 1: at it, we know that corner and we know what
- 13:06Speaker 1: awaited her. I mean, it's heartbreaking, it really is.
- 13:10Speaker 5: It's so heartbreaking, especially sitting in the courtroom with her mama,
- 13:14Speaker 5: and you know she's watching that just thinking, oh my god,
- 13:19Speaker 5: if I could stop her, if I could just make
- 13:22Speaker 5: her take a rite instead of a lift. Nancy, you
- 13:25Speaker 5: and I know he was laying in wait, he had
- 13:28Speaker 5: already spent seventy three minutes looking for a victim, and
- 13:34Speaker 5: he lay in wait until Lakelyns came up owning and
- 13:39Speaker 5: he brutally attacked her, beating her with a rock.
- 13:43Speaker 1: You know, Cheryl, how many times have you and I
- 13:47Speaker 1: cornered each other and shown each other pictures and videos.
- 13:53Speaker 1: I've looked at the twins videos throughout, you know, from
- 13:57Speaker 1: day one all the way through, and I kind of
- 14:02Speaker 1: relive it, relive that moment taking that video, seeing them
- 14:07Speaker 1: so young and happy and alive. And this video the
- 14:12Speaker 1: mom in court when she saw this, it was a
- 14:15Speaker 1: dagger to her heart.
- 14:16Speaker 5: Shehrrel It was gut wrenching to watch her. And you know,
- 14:21Speaker 5: Nancy again, I think the prosecutor put it so beautifully
- 14:25Speaker 5: today that Lakeland she got it, she fought him, she
- 14:31Speaker 5: put evidence on his body, she got it. And Sheila
- 14:37Speaker 5: all said that she twisted a powerful knot that the
- 14:40Speaker 5: defendant can't get out of, and she's absolutely right.
- 14:44Speaker 1: Back to Dave Mack joining us outside the courtroom, Dave
- 14:47Speaker 1: mac threw out the state's closing argument. As prosecutor Ross
- 14:54Speaker 1: went through the evidence to the judge, Lincoln's mother just
- 15:00Speaker 1: she just sobbed just audibly sobbed. Anyone could hear it,
- 15:09Speaker 1: and it would be over my dead body if they
- 15:12Speaker 1: tried to silence her in that courtroom. And I don't
- 15:16Speaker 1: know if you noticed a bar acted like he didn't
- 15:18Speaker 1: hear anything.
- 15:19Speaker 3: He acts like he's in traffic court, Nancy. He doesn't
- 15:22Speaker 3: act like any of this matters to him, that he
- 15:24Speaker 3: is part of it at all. He actually is being
- 15:26Speaker 3: very disconnected is probably the best way to put it.
- 15:30Speaker 4: He just is totally not there.
- 15:32Speaker 3: And when you actually are laying out the facts of
- 15:35Speaker 3: this case, okay, there are no doubts. The closing argument
- 15:38Speaker 3: is just basically laying out the map. Here's what happened,
- 15:40Speaker 3: here's how we know he did it, and it's all there.
- 15:43Speaker 3: There's no way of looking at this any other way.
- 15:46Speaker 3: That's why there was a conclusion the way I was,
- 15:48Speaker 3: there was nothing else they could come up with in
- 15:50Speaker 3: terms of any kind of defense. You know, the only
- 15:53Speaker 3: defense they had, Nancy was well it was his brother maybe,
- 15:56Speaker 3: but his brother was That was part of the rebuttal
- 15:58Speaker 3: witness Tody, you know, for the prosecution, was to say
- 16:00Speaker 3: Diego was asleep. Nothing proves he wasn't asleep at the
- 16:03Speaker 3: time that killing appen eleven forty.
- 16:05Speaker 2: Seven am and coming text from her mother said please
- 16:09Speaker 2: call me.
- 16:10Speaker 1: I'm worried sick about you.
- 16:12Speaker 6: Is that text spread?
- 16:13Speaker 1: Is not? Her house of death is decombined, effects of force,
- 16:17Speaker 1: head trauma and asphysia. What is her manner of that homicide? Oh,
- 16:24Speaker 1: blunt force trauma with a rock still covered in Liacan's
- 16:30Speaker 1: blood and hair and asphyxia. You were just hearing doctor
- 16:34Speaker 1: Michelle DeMarco, the medical examiner that testified for the state.
- 16:40Speaker 1: That is just one piece of evidence that weighed into
- 16:43Speaker 1: the judge's finding of guilty, Jose Ebarra guilty and the
- 16:49Speaker 1: murder of this beautiful young co ed lacoln Riley in
- 16:55Speaker 1: the opening statement, So we heard Prosecutor Ross state that
- 16:58Speaker 1: Ibarra was out hunting, hunting for a woman, and he
- 17:02Speaker 1: lay in wait, waiting for a victim to go by.
- 17:06Speaker 1: And here comes Lake and Wright. Look at him hiding,
- 17:12Speaker 1: hiding in the bushes amongst the trees, just waiting. What
- 17:19Speaker 1: was going through his mind?
- 17:22Speaker 6: Do I know?
- 17:23Speaker 1: No? Do I care?
- 17:24Speaker 2: No?
- 17:25Speaker 1: I don't have to go into the mind of a
- 17:27Speaker 1: killer and would be rapist and figure out what he's thinking.
- 17:30Speaker 1: But look at him, look at him pacing waiting for
- 17:35Speaker 1: a victim to come by, and she did. But this victim,
- 17:42Speaker 1: as Prosecutor ros said, refused to be his rape victim,
- 17:46Speaker 1: and she fought tooth and nail, providing the state with
- 17:52Speaker 1: valuable and probative evidence.
- 17:56Speaker 6: In the charges, we see a assault.
- 18:00Speaker 1: So the intent to rape the defendant Ebarra was indicted.
- 18:04Speaker 1: I have the indictment right here in my hand, with
- 18:07Speaker 1: ten counts. In addition to malice murder charges that means
- 18:12Speaker 1: intent to kill is shown, there are felony murder charges,
- 18:16Speaker 1: which means a death occurred during the commission of a felony. Now,
- 18:21Speaker 1: what did the state offer to support a guilty verdict
- 18:26Speaker 1: for attempted rape which proves felony murder? Listen, then, waste standard.
- 18:31Speaker 12: Her pants had been moved to the backside of her
- 18:35Speaker 12: running pants were pulled down, exposing the top of her buddocks.
- 18:39Speaker 1: Joining us at the courthouse, Crime online dot COM's investigative
- 18:42Speaker 1: reporter Dave Mac Dave uh oh, by the way, you
- 18:46Speaker 1: were just hearing that from our friends at the national desk.
- 18:48Speaker 1: That was trial testimony from special agents Lucas Bayer. Dave
- 18:53Speaker 1: Mac Lucas Bayer home run home run for the state.
- 18:59Speaker 1: Did you you hear that testimony you've been in court
- 19:03Speaker 1: where he describes how her waistband, the backside of her
- 19:08Speaker 1: pants were pulled down over her career end, and of
- 19:12Speaker 1: course she was left exposed that way. I mean, why
- 19:15Speaker 1: else would Ibarro be pull trying to pull her pants
- 19:19Speaker 1: off if he wasn't trying to rape her.
- 19:21Speaker 4: That was the whole point he was making. Nancy. You know,
- 19:23Speaker 4: Lucas Bayer was such a good witness.
- 19:25Speaker 3: They even brought him back as the rebundal witness after
- 19:28Speaker 3: the defense closing because they were trying to point the
- 19:32Speaker 3: arrow at Diego at Ibarra, you know, and it was
- 19:35Speaker 3: Lucas Bayer they brought back to the stand. Is that
- 19:38Speaker 3: there's no evidence that Diego was anywhere other than in
- 19:41Speaker 3: better sleep.
- 19:42Speaker 6: And there is more.
- 19:44Speaker 1: Listen, the clothing was pulled up extremely high above her breast,
- 19:50Speaker 1: which completely exposed her breasts. Cheryl McCollum, I don't see
- 19:54Speaker 1: that the judge really had any choice at all on
- 19:58Speaker 1: the agasault to rape crime stories with Nancy Grace. For
- 20:12Speaker 1: those of you just joining us, Hosei Ebara guilty guilty
- 20:17Speaker 1: in the murder of Lake and Riley we've got an
- 20:20Speaker 1: aggravated battery, which is beating her with a rot in
- 20:25Speaker 1: the head, but count three to support a felony murder charge.
- 20:31Speaker 1: The underlying felony is aggravated assault with intent to rape.
- 20:36Speaker 1: And you are hearing GBI special Agent Lucas Bayer laying
- 20:41Speaker 1: it out. We got that from our friends at the
- 20:44Speaker 1: National Desk. I mean, Cheryl McCollum. Did you hear what
- 20:47Speaker 1: he said last? Her clothing was pulled up high up
- 20:51Speaker 1: above up to her neck as she was left that
- 20:54Speaker 1: way with her breasts exposed.
- 20:56Speaker 5: Nancy three layers of clothing, her jacket, her shirt, her
- 21:00Speaker 5: sports bra were all moves above her breast to expose them.
- 21:05Speaker 5: Her pants had been pulled down, her underwear had been
- 21:08Speaker 5: pulled and torn. And I also want to remind you
- 21:12Speaker 5: one of the injuries that Lakelan Riley left on Jose
- 21:16Speaker 5: oh Bara was between his shoulder base on his back,
- 21:20Speaker 5: which he didn't get running away. He got that because
- 21:24Speaker 5: he was on top of her.
- 21:25Speaker 1: And there's more. Listen to GBI special agent Lucas Bayer.
- 21:29Speaker 12: The sports braw had been manipulated so that had become
- 21:33Speaker 12: the outermost layer of her clothing.
- 21:35Speaker 1: Buyer on the stand from our friends at the National desk,
- 21:38Speaker 1: Philip Debay, high profile lawyer joining us out of LA
- 21:42Speaker 1: who has covered the case from the get go. Really,
- 21:47Speaker 1: you don't think is there any way with a straight
- 21:50Speaker 1: face debate, a straight face that you could argue this
- 21:54Speaker 1: was not aggravated assault with the intent to rate because
- 21:58Speaker 1: in closing arguments, the defense attorney argued earlierly this morning
- 22:04Speaker 1: that there was reasonable doubt. I don't see any reasonable
- 22:07Speaker 1: doubt there. The waistpin of her pants pulled down over
- 22:10Speaker 1: her rear end, her clothing yanked up around her neck.
- 22:14Speaker 1: She's left with her breast and rear end exposed, her
- 22:17Speaker 1: underwear torn, and the sports bra had been so jerked
- 22:20Speaker 1: around it was on the outside of her clothing.
- 22:23Speaker 7: Wrong place, wrong time. There were hundreds of people on
- 22:26Speaker 7: and off campus at the same time. What I think
- 22:29Speaker 7: would have been the appropriate argument would be to say
- 22:31Speaker 7: he happened upon the body already dead, and as a
- 22:34Speaker 7: crime of opportunity, he rifled through her things, and you
- 22:37Speaker 7: tried to take advantage of the situation and is in
- 22:40Speaker 7: fact not the perpetrator, And in the process it was
- 22:44Speaker 7: transfer of DNA and the scratches are completely unrelated. The
- 22:48Speaker 7: DNA expert could not testify that the cells found under
- 22:52Speaker 7: her fingernails were not from transfer. He could have been
- 22:55Speaker 7: touching her hands, going through her purse, going through her pockets,
- 22:59Speaker 7: whatever she had on her and in the process touched
- 23:02Speaker 7: the phone. You have no eyewitness or video putting him
- 23:06Speaker 7: at the crime scene at the time. Instead, you have
- 23:09Speaker 7: him after the fact, wrong place and wrong time.
- 23:12Speaker 1: Well, thank Heaven, the judge did not listen to any
- 23:16Speaker 1: gibberish such as that, did you actually say maybe he
- 23:20Speaker 1: went through her things? You mean her underwear and her
- 23:23Speaker 1: sports bra, those things.
- 23:25Speaker 7: I'm talking about whoever actually did it, and he happened
- 23:28Speaker 7: upon it after the fact and there was transfer. Look,
- 23:31Speaker 7: you don't have an eyewitness, you don't have video, you
- 23:33Speaker 7: don't have anything else. I'm not saying he's an angel,
- 23:36Speaker 7: but he took advantage of the situation if that were
- 23:40Speaker 7: to be believed, And it doesn't necessarily prove a homicide,
- 23:44Speaker 7: It certainly doesn't prove a felony murder committed during the
- 23:47Speaker 7: commission of a stalking. I mean, under Georgia law, stalking
- 23:50Speaker 7: is a misdemeanor, So you don't even have.
- 23:52Speaker 1: Anybe We're talking about an attempted rape A we're talking
- 23:57Speaker 1: about attempted rape, not stalking.
- 24:00Speaker 7: You know what, what.
- 24:01Speaker 1: Did I've tried so many trials I can't even count
- 24:05Speaker 1: them all. Don't try to confuse the charges. We're not
- 24:10Speaker 1: talking about a stalking charge. This is felony murder with
- 24:15Speaker 1: the underlying felony being attempted rape is an attempted rape
- 24:20Speaker 1: a felony in LA. Of course it is, of course
- 24:23Speaker 1: it is. But what I don't know what you're talking
- 24:25Speaker 1: about stalking.
- 24:26Speaker 7: The allegation was that he was following and lying in
- 24:28Speaker 7: wait and hanging out peeping through windows.
- 24:31Speaker 1: It says, no, that's not an allegation. That's what I'm
- 24:33Speaker 1: arguing here, because I know that he stood there for
- 24:37Speaker 1: about an hour. Cheryl McCollum. Stalking is not part of
- 24:41Speaker 1: this case. That is not an indicted charge. But just
- 24:43Speaker 1: to prove Philip Dubay wrong, jump in Cheryl.
- 24:47Speaker 5: Is he was not killing her. Why would he hang
- 24:49Speaker 5: up on nine one one and throw the phone. He
- 24:52Speaker 5: did that because Lincoln knew she was in danger, and
- 24:56Speaker 5: when she called now one one, he grabbed the phone,
- 25:00Speaker 5: just engaged that call and threw it away from her.
- 25:04Speaker 5: Is fingerprint was on the phone with her blood on it.
- 25:10Speaker 1: A Hollah, that's bodycam from the ug A p D.
- 25:37Speaker 1: Sergeant Joshua EPs Allah Allah Vamas could not wake him up,
- 25:42Speaker 1: Cheryl McCollum. The judge clearly believed the state's argument that
- 25:49Speaker 1: after the murder of Lake and Riley, beautiful young deansless student,
- 25:56Speaker 1: jose Ebara had a great night's sleep. In fact, the
- 25:59Speaker 1: words he slept like a baby. Did you look at this?
- 26:04Speaker 6: They could hardly wake him up.
- 26:06Speaker 5: He was sound asleep to the point they could hardly
- 26:10Speaker 5: wake him up. And Nancy, the most just horrific part
- 26:13Speaker 5: of this whole thing is knowing her mama ain't fled
- 26:17Speaker 5: a full night since her baby was murdered. And this
- 26:20Speaker 5: man is going to walk out of that house start
- 26:23Speaker 5: chatting among his friends and started laughing. And the judge
- 26:28Speaker 5: didn't miss that either.
- 26:29Speaker 1: In closing arguments early this morning, we heard the defense
- 26:33Speaker 1: attorney arguing that there were alternate theories as to what happened,
- 26:40Speaker 1: one being that the brothers Diego Ebara and jose Ebara mingled,
- 26:47Speaker 1: co mingled their clothing in the apartment. And we see
- 26:50Speaker 1: that's absolutely true. It's a big mess, and that somehow
- 26:56Speaker 1: there was a transference onto I guess she's trying to say,
- 27:01Speaker 1: diego Ebarra's close, so therefore implicating diego Ebarra. That's what
- 27:09Speaker 1: was argued in the defense closing. But listen to more
- 27:14Speaker 1: of this bodycam footage. We played that for you because
- 27:49Speaker 1: there you can hear more of the conversation by the
- 27:52Speaker 1: uh PD sergeant Joshua Epps telling him to come slowly.
- 27:58Speaker 1: Uh Ebarra is starting to walk further in the house
- 28:01Speaker 1: and the officer chastises him. At that point, Ibarra puts
- 28:04Speaker 1: on his shoes and walks out to doctor Angela Arnold.
- 28:08Speaker 1: I think I need a shrink right now. For those
- 28:10Speaker 1: of you just joining us. Ibarra guilty. The judge had
- 28:14Speaker 1: no other choice, and I think a jury would have
- 28:16Speaker 1: agreed as well, Doctor Angie Arnold, how can you, according
- 28:21Speaker 1: to the state, now proven in a court of law,
- 28:24Speaker 1: brutally attempt to rape a young girl jogging by wait
- 28:29Speaker 1: in the woods for her, attack her, murder her by
- 28:35Speaker 1: bludgeting her with a rock and then leaving her dead, bloody,
- 28:40Speaker 1: her face is figured and her private parts exposed, and
- 28:45Speaker 1: then get a good night's sleep.
- 28:48Speaker 11: Because Nancy, we are dealing with the severest of a sociopath. Here,
- 28:53Speaker 11: he has no conscience. Do you notice how, over the
- 28:57Speaker 11: course of all of this, we have all become so
- 29:01Speaker 11: attached to Lake and Riley, haven't we. She's a beautiful girl.
- 29:05Speaker 11: She brings out feelings inside of us. We all think
- 29:10Speaker 11: of our own children when we look at this beautiful
- 29:12Speaker 11: girl and what happened to her. And he sits in
- 29:15Speaker 11: the courtroom with no emotion on his face because Nancy,
- 29:22Speaker 11: he is a sociopath. And you know what else that means, Nancy,
- 29:27Speaker 11: I wish I could tell the judge this. He is
- 29:30Speaker 11: not capable of rehab. They need to put him under
- 29:34Speaker 11: the jail and pour some concrete on him. There is
- 29:38Speaker 11: no possibility of this person ever being rehabilitated because there's nothing.
- 29:44Speaker 6: There's nothing to rehab.
- 29:46Speaker 11: He doesn't have any empathy, he doesn't feel any remorse.
- 29:51Speaker 11: The entire country looks at this beautiful girl and feels
- 29:55Speaker 11: for her mother, They feel for her family. He did
- 29:58Speaker 11: this to her, and he feels nothing because he is
- 30:01Speaker 11: the severest of a sociopath and he needs to be
- 30:05Speaker 11: done away with Nancy.
- 30:13Speaker 1: Crime stories with Nancy Grace guilty guilty. Jose Ebara found
- 30:24Speaker 1: guilty in a court of law in the brutal murder
- 30:27Speaker 1: of a beautiful young co ed UGA nursing student lacln Riley.
- 30:34Speaker 6: What went in to that verdict finding?
- 30:38Speaker 1: You heard Philip debate earlier arguing it could have been
- 30:41Speaker 1: someone else, and I want you to hear this and
- 30:45Speaker 1: closing arguments, the defense actually argued to the judge with
- 30:50Speaker 1: a straight face that lacoln Riley, the murder victim, should
- 30:57Speaker 1: have could have outrun jose Ebarra. Why why is that relevant?
- 31:04Speaker 1: Because the defense Caitlin Beck, argued that jose Ebarra was
- 31:11Speaker 1: shorter end quote fatter than brother Diego. So I guess
- 31:17Speaker 1: she's arguing the killer had to be Diego, the brother
- 31:20Speaker 1: because he was taller and faster. They actually argued that.
- 31:26Speaker 1: But back to real evidence.
- 31:28Speaker 2: Listen, a match between the contact slobbings from the jacket
- 31:33Speaker 2: and jose Abara is approximately one hundred trillion times more
- 31:37Speaker 2: probable than a coincidental match to an unrelated person in
- 31:40Speaker 2: the population.
- 31:41Speaker 1: That from our friends at the National desk. You were
- 31:43Speaker 1: hearing the GBI Crime Lab analyst Ashley Hinkle, Did you
- 31:47Speaker 1: hear that dubet one hundred trillion times?
- 31:51Speaker 7: But you could not eliminate and it is a match.
- 31:54Speaker 7: She could not eliminate transfer.
- 31:56Speaker 1: Okay, problem, hold on, there is a match. I think
- 31:59Speaker 1: I think that we can eliminate transfer because Dave Mack
- 32:04Speaker 1: joining us at the courthouse. Isn't it true that video
- 32:08Speaker 1: catches Jose Ebara.
- 32:11Speaker 6: Throwing that jacket.
- 32:13Speaker 1: Not Diego the brother, but Jose Ebarra throwing that jacket
- 32:17Speaker 1: into up there he is that's the same shirt he
- 32:20Speaker 1: was wearing one hour earlier, posting on.
- 32:23Speaker 4: Nancy what's happened that video?
- 32:26Speaker 3: Okay, the video of him throwing the jacket into the dumpster,
- 32:30Speaker 3: that is what they've used to say Diego is the
- 32:33Speaker 3: killer because they said that. One of the friends that
- 32:36Speaker 3: actually was interviewed by Belie said she thought it was
- 32:39Speaker 3: Diego throwing the jacket in the dunster.
- 32:41Speaker 4: Now she wasn't one hundred percent.
- 32:42Speaker 3: Sure, but a friend who knew them both much better said, no,
- 32:45Speaker 3: that's Jose. So that's for the defense got their whole
- 32:49Speaker 3: idea was from the winds say I think Diego.
- 32:51Speaker 4: Throwing the jacket away.
- 32:52Speaker 3: That entire defense strategy came from that one comment from.
- 32:56Speaker 4: Somebody who was not even sure.
- 32:57Speaker 1: Okay, so to believe that mac, I mean I've seen.
- 33:02Speaker 1: I was sitting in court when the state showed the
- 33:05Speaker 1: photo of Jose E Barra one hour before the murder
- 33:10Speaker 1: posting selfies wearing that exact shirt. I'd like to see
- 33:15Speaker 1: it because it has very unusual markings. There is there.
- 33:20Speaker 6: He is in the shirt one hour later throwing the.
- 33:24Speaker 1: Jacket with a one hundred trillion likelihood DNA match. So
- 33:29Speaker 1: I don't know what dubet is talking about. Transfer And
- 33:33Speaker 1: listen about the fingernail clippings.
- 33:35Speaker 2: The DNA match between the wet rush swabbings from the
- 33:39Speaker 2: fingernail clippings from the right hand and the match was
- 33:43Speaker 2: to Jose Antonio.
- 33:45Speaker 1: Abara still Ashley Hinkle on the stand from our friends
- 33:49Speaker 1: at the National desk, and there's more on the fingernail
- 33:53Speaker 1: DNA match.
- 33:54Speaker 2: The match is ten million times more probable than a
- 33:58Speaker 2: coincidental match to an unrelated pushing in the population.
- 34:01Speaker 1: Okay, Philip Dubay, ten billion likelihood, one hundred trillion likelihood.
- 34:09Speaker 1: There's no chance of the transfer because you just saw
- 34:12Speaker 1: jose Ebora throwing that jacket into the trash minutes after
- 34:17Speaker 1: Laken is killed. So when's the transfer.
- 34:20Speaker 7: There's a difference between consciousness of guilt and throwing that away,
- 34:23Speaker 7: and consciousness of fear. He obviously realized that there was
- 34:27Speaker 7: some type of zerological evidence on the jacket and dumped
- 34:30Speaker 7: it out of fear of being accused.
- 34:32Speaker 1: So he dumped it.
- 34:33Speaker 7: I mean, that's how I would have attacked it. It
- 34:36Speaker 7: doesn't necessarily mean just because biological evidence is on your
- 34:40Speaker 7: clothing that you're the culprit. We've seen this in history.
- 34:42Speaker 7: We saw it a few months ago out of the
- 34:44Speaker 7: Detroit murder where a well known Jewish community advocate was
- 34:48Speaker 7: murdered by knife in front of her home. The defendant
- 34:51Speaker 7: was caught on video outside of her home. He testified
- 34:54Speaker 7: he was acquitted. He said he touched her as an
- 34:57Speaker 7: afterthought to try to rifle through her belonging see what
- 35:00Speaker 7: was happening. The jury believed him in this case, the
- 35:03Speaker 7: judge would not have believed him.
- 35:05Speaker 1: Speaking of fantastical arguments, the defense also argued that Jose
- 35:09Speaker 1: Ebara was just an accomplished that maybe two men were
- 35:16Speaker 1: involved in Lacoln's murder and two rocks that makes it
- 35:20Speaker 1: so easy for the judge to find Eborra guilty. Joining
- 35:24Speaker 1: me right now, a special guest, renowned medical examiner doctor
- 35:29Speaker 1: Kendall Crown's chief medical examiner, Terrence County, Esteemed lecturer at
- 35:33Speaker 1: the Burnett School of Medicine at TCU Dodgor Kendl Crowns,
- 35:37Speaker 1: you and I have gone over and over the autopsy
- 35:41Speaker 1: evidence in this case. Could you describe what happened to
- 35:46Speaker 1: lacoln certainly so.
- 35:48Speaker 13: She has one trauma to the head from the rock
- 35:52Speaker 13: that set the scene with the blood on it, that
- 35:54Speaker 13: has caused lacerations or kind of splitting of the skin,
- 35:57Speaker 13: and a depressed call fracture which has kind of putshing
- 36:00Speaker 13: in of the skull itself from being struck over and
- 36:03Speaker 13: over and over with the rock. She also has what
- 36:06Speaker 13: they've described as asphyxia. The medical examiner said she had
- 36:10Speaker 13: signs of a sixia at the autopsy. That can be
- 36:14Speaker 13: particular hemorrhages of the eye, which are a little bursting
- 36:17Speaker 13: of the capillaries on your eye. It can also be
- 36:21Speaker 13: hemorrhages and the knuck musculature from a manual strangulation. So
- 36:26Speaker 13: probably she's strangled, wakes back up Annox and then beats
- 36:32Speaker 13: her head in with a rock or he hits her
- 36:34Speaker 13: with a rock, she passes out. He's trying to rape her.
- 36:39Speaker 13: What she wakes back up and then he strangles her.
- 36:41Speaker 13: Either way, it's pretty bad now.
- 36:44Speaker 1: I always wondering, Dubey, we'll have a big fit over
- 36:47Speaker 1: this based on what doctor Kendall Crown's has just told us,
- 36:51Speaker 1: what lacoln went through as she fought for her life.
- 36:56Speaker 1: Why the defendant didn't take the stand and testify. Hey,
- 37:00Speaker 1: if you're not guilty, where were you? What were you doing?
- 37:03Speaker 1: Listen your war you want to tour and you want to.
- 37:08Speaker 3: Give you no sense?
- 37:11Speaker 1: I guess he didn't. That's my friends at the National
- 37:14Speaker 1: Death Cheryl McCollum. You just heard what doctor Kendall Crowns
- 37:17Speaker 1: explained happened to Lakan and her fight to live, how
- 37:23Speaker 1: she was humiliated, attacked, brutalized, her face disfigured. Did you
- 37:30Speaker 1: really think a barrow was going to take the stand?
- 37:33Speaker 5: Not a shot? And I'll tell you something. We can
- 37:36Speaker 5: talk about her injuries and those are vital. To understand
- 37:40Speaker 5: that the injuries that she gave to him, to me,
- 37:43Speaker 5: are just as vital. She punched him dead in the mouth,
- 37:47Speaker 5: She scratched him on the wrist, on the throat, on
- 37:50Speaker 5: the back of the neck, on his back, on his elbow,
- 37:54Speaker 5: on his arm. She fought for those eighteen minutes like
- 38:00Speaker 5: her life depended on it, because she knew it did.
- 38:03Speaker 14: One of the defense's first witnesses is a neighbor of
- 38:07Speaker 14: the Ebarras. The woman says Diego Ebarra approached her the
- 38:10Speaker 14: evening of February twenty second, asking why the complex is
- 38:14Speaker 14: crawling with cops. In broken Spanish, the woman tells him
- 38:18Speaker 14: a young lady lost her life behind the complex. Aware
- 38:21Speaker 14: that it's along Diego's path to work, she encourages him
- 38:24Speaker 14: to speak up if he saw anything suspicious. Two officers
- 38:28Speaker 14: briefly check in on Ibarra.
- 38:30Speaker 1: And the woman. When they walk away.
- 38:32Speaker 14: The woman says, Diego Ebarra urgently type something into the
- 38:35Speaker 14: translator app for her to read.
- 38:37Speaker 1: The defense, trying to shift blame on Jose Ibarra's brother, Diego.
- 38:42Speaker 1: It didn't work. Straight back out to doctor Kendall Crowns,
- 38:48Speaker 1: joining us. We're now medical examiner out of Terrant County.
- 38:52Speaker 1: Doctor Kendall Crowns, we know that Lake and fought that
- 38:55Speaker 1: she fought for her life. She refused to be Jose
- 38:59Speaker 1: ebar as next rape victim. How long would she have
- 39:05Speaker 1: lived sustaining the injuries she did to her skull.
- 39:09Speaker 13: So the injuries to the skull with the depressed skull fracture,
- 39:13Speaker 13: she could have survived that. Had a concussion, she could
- 39:17Speaker 13: have potentially, depending on how much brain damage there was,
- 39:22Speaker 13: been still able to survive that injury. If it was
- 39:26Speaker 13: severe enough, she probably could have died within minutes of
- 39:29Speaker 13: receiving it. It all depends on how much damage the
- 39:33Speaker 13: skull fracture went through into her brain. The strangulation, on
- 39:37Speaker 13: the other hand, she'd probably be on unconscious when a
- 39:41Speaker 13: little over ten to twenty seconds, and if he continued
- 39:44Speaker 13: to apply pressure, she'd be dead within about four to
- 39:47Speaker 13: five minutes.
- 39:48Speaker 1: Cheryl McCollum, it's beyond understanding for me that the defense
- 39:55Speaker 1: actually argued maybe there were two assailants in two.
- 39:59Speaker 5: Rocks, you know, Nancy. The injuries to his wrist and
- 40:03Speaker 5: his elbow. Says to me, she probably knocked the first
- 40:06Speaker 5: lock out of his hand, and he simply grabbed the
- 40:09Speaker 5: second one and finished the job. To the point part
- 40:13Speaker 5: of her skull was in her brain. He beat her,
- 40:17Speaker 5: He beat her violently. He set out that morning to
- 40:23Speaker 5: find a victim. He did not care who.
- 40:26Speaker 1: In my mind, the judge had no alternative other than
- 40:30Speaker 1: finding Ebara guilty in the murder of Lacoln. Riley, Yes,
- 40:38Speaker 1: a verdict has been rendered. He's not the only one
- 40:42Speaker 1: sentenced in this case. Her mother, her family are sentenced
- 40:48Speaker 1: to life without Lacoln. Their sentence to life remembering what
- 40:56Speaker 1: she suffered. They are sentenced to life remembering those last
- 41:02Speaker 1: images of her running free. Lake and Raleigh rest in peace.
- 41:12Speaker 1: Good night friends,