Latest / Crime Stories with Nancy Grace / BASEBALL STAR BRUTAL ATTACKS ON HS GIRLS , WALKS FREE: 'SKETCHY AS HELL!
Transcript
- 0:00Speaker 1: Crime Stories with Nancy Grace. A high school baseball star
- 0:08Speaker 1: brutally brutally attacks multiple high school girls, leaving them bleeding,
- 0:17Speaker 1: and he walks free with counseling. He was looking at
- 0:24Speaker 1: seventy eight years behind bars over seven decades, and he
- 0:30Speaker 1: gets counseling and community service. I call that sketchy as hell.
- 0:38Speaker 1: I'mancy Grace. This is Crime Stories. I want to thank
- 0:41Speaker 1: you for being with us.
- 0:43Speaker 2: Jesse Butler, a promisey baseball star from Oklahoma with a
- 0:46Speaker 2: supportive family, faces a grim future after his girlfriend accuses
- 0:51Speaker 2: him of the unthinkable.
- 0:53Speaker 1: Okay, right there, I don't like that. I don't like
- 0:57Speaker 1: that because it says his girlfriend accused. B s technical
- 1:02Speaker 1: legal term. It's not his girlfriend accused to Page Taylor,
- 1:07Speaker 1: joining US investigator reporter Fox twenty five News, page, let
- 1:13Speaker 1: me correct that he pled. He pled guilty, of course,
- 1:18Speaker 1: it justge Let him do a nolo contendery. I don't
- 1:21Speaker 1: say you're right or you're wrong, but that's the equivalent
- 1:24Speaker 1: of a guilty plea a no lo. He played guilty.
- 1:27Speaker 1: It's not that girlfriend accuses. It's way past that he
- 1:31Speaker 1: has pled and been sentenced.
- 1:33Speaker 3: Right, yes, he has, and he did initially plead not guilty,
- 1:38Speaker 3: and then he was offered this plea deal by the
- 1:41Speaker 3: DA to his attorney, and that is when he pled
- 1:44Speaker 3: no contest. And then he was given youth bull offender status.
- 1:49Speaker 1: Okay to Randy Casseler joining us, a veteran trial lawyer
- 1:53Speaker 1: out of Atlanta and we law school professor, former chair
- 1:56Speaker 1: of the American Bar Association Family Laws section all of divorce,
- 2:00Speaker 1: Protect yourself, your kids, in your future. I could go
- 2:02Speaker 1: on and on and on about Kessler, but let me
- 2:06Speaker 1: just say when I would see Kessler coming down the
- 2:10Speaker 1: hall at the courthouse at me with a file in
- 2:13Speaker 1: his hand, I would say, no, don't even start, and
- 2:17Speaker 1: somehow he would talk all the prosecutors into sweetheart deals. Kessler,
- 2:22Speaker 1: just take off your defense hat for one moment, just
- 2:25Speaker 1: one moment. Isn't it true that in no loo contendery,
- 2:29Speaker 1: I do not contest in the law and the eyes
- 2:34Speaker 1: of the law is a guilty plea.
- 2:38Speaker 4: Okay, But it's not exactly guilty plean Nancy, or else
- 2:41Speaker 4: you wouldn't have a difference, You wouldn't have the option
- 2:43Speaker 4: of a NOLA contender. He can say for the rest
- 2:45Speaker 4: of his life he did not contest the facts. That's
- 2:47Speaker 4: a better statement for his future than to say I
- 2:50Speaker 4: pled guilty. There's a reason we allow them to do that.
- 2:53Speaker 1: There is a difference, Grandy Kessler the eyes of the law.
- 3:00Speaker 1: You're right, what just try to spit it out good.
- 3:05Speaker 4: You always win, Nancy, and you know you're going to
- 3:06Speaker 4: win this one because it's a rhetorical question.
- 3:09Speaker 5: Yes, Nola contendrius and consequences.
- 3:11Speaker 4: But he still can say to future employer's family friends,
- 3:15Speaker 4: he played nolo contenderary, look at.
- 3:17Speaker 1: Him, baseball star. How much did his father's involvement in
- 3:24Speaker 1: baseball and his own affect the judge's decision? Isn't a
- 3:30Speaker 1: true page Taylor that he and his family are deeply
- 3:34Speaker 1: tied to still Water and Oklahoma State University. The father,
- 3:39Speaker 1: Matt Butler, was the Cowboys football director for sixteen years.
- 3:45Speaker 1: Isn't that tally sixteen years the Cowboys football director? Yes,
- 3:50Speaker 1: that is correct. So now we've managed to remember Kessler.
- 3:54Speaker 1: I'm just a JD. I'm not a dds a dentist.
- 3:58Speaker 1: I don't know how to pull teeth, but I can
- 4:01Speaker 1: get a set of pliers and try if I have to. So, Kessler,
- 4:07Speaker 1: could you ever imagine ever imagine a cold day in
- 4:13Speaker 1: hel that I would allow two young girl high school
- 4:20Speaker 1: sex assault victims sit there and let me and hear
- 4:25Speaker 1: me agree to a plea where this guy, after multiple attacks, bloody,
- 4:31Speaker 1: bloody sex attacks, let that sink in. Let them hear
- 4:37Speaker 1: me accept the plea where he gets no jail time
- 4:41Speaker 1: and he gets counseling and walks free on a no
- 4:45Speaker 1: lo over my cold dead body. Kessler, not in.
- 4:50Speaker 4: A million years would you allow that he would have
- 4:52Speaker 4: been lucky to get away with eighty seven years in
- 4:53Speaker 4: jail if you were the prosecutor.
- 4:55Speaker 1: I mean, Kessler, think about it. Think about your own children.
- 4:59Speaker 1: And I know in closing arguments, we prosecutors and defense
- 5:03Speaker 1: lawyers as well are not allowed to accid jury, to
- 5:06Speaker 1: put themselves in the shoes of the victim or the defendant. Right,
- 5:11Speaker 1: but we're not look around, we're not in court. You
- 5:15Speaker 1: have children. If your child came home and said he
- 5:20Speaker 1: sex attacked me, I was bleeding, I begged him to stop,
- 5:24Speaker 1: and he said no. You don't think these parents shouldn't
- 5:28Speaker 1: be laying on the courthouse steps screaming.
- 5:33Speaker 4: You know there'd be a different trial, right, I'd be
- 5:34Speaker 4: the one on trial in that case, right, Nancy. We
- 5:36Speaker 4: all know what would happen if that was a situation,
- 5:39Speaker 4: but we don't know all the facts, and there's got
- 5:41Speaker 4: to be some reason. I'm just searching my brain for
- 5:42Speaker 4: why would they have allowed this kind of video, Why
- 5:44Speaker 4: would they let them stay as a juvenile unless they
- 5:47Speaker 4: didn't think they had an absolute, rock solid case there
- 5:50Speaker 4: would guarantee a victory. There has to be some loophole
- 5:53Speaker 4: or some technicality, some deficiency in their case.
- 5:56Speaker 1: Because I agree, it has to be that you haven't
- 5:58Speaker 1: found it, have you.
- 6:00Speaker 5: Well I haven't, and I don't.
- 6:01Speaker 1: I'm not pretty found I haven't either. You guys, when
- 6:05Speaker 1: you say an air tight case, a lock on the case,
- 6:11Speaker 1: is there ever a lock on a case? I mean,
- 6:14Speaker 1: look at top mom Casey Anthony should have been a lot, right,
- 6:18Speaker 1: not guilty. Look at a J. Simpson should have been
- 6:20Speaker 1: a lot double murder, not guilty. It happens the time.
- 6:24Speaker 1: There's never a lock on a case. Ever. I don't
- 6:27Speaker 1: care how strong the prosecutor thinks the evidence is. There's
- 6:30Speaker 1: never a lot. Randy, No, but.
- 6:32Speaker 4: This is probably the first time you've ever agreed with
- 6:34Speaker 4: me and taking my side in some way that you're
- 6:37Speaker 4: right there's not a guaranteed lock.
- 6:38Speaker 5: So what is the deficiency in this case? You know those.
- 6:41Speaker 4: Folks they got a complete acquittal that you definitely don't
- 6:43Speaker 4: want to risk a complete acquittal. And if you're worried
- 6:45Speaker 4: as a prosecutor that you might not win, you take
- 6:48Speaker 4: what you can get. But you know, I know you're
- 6:50Speaker 4: not agreeing with you, but you're tell me that there
- 6:51Speaker 4: is a possibility.
- 6:53Speaker 5: We don't know what the possibility was, because.
- 6:54Speaker 1: We're telling you, Randy, that there is never a lock,
- 6:59Speaker 1: and you have to have the backbone to roll the dice,
- 7:03Speaker 1: get ready and go to trial even if you think
- 7:06Speaker 1: you might lose. I mean, look at Coburger. For Pete's sake,
- 7:11Speaker 1: that case should have gone to trial and there should
- 7:13Speaker 1: be a DP. It's being scheduled right now. Brian Coberger
- 7:16Speaker 1: should be on death row, where he would sit for
- 7:20Speaker 1: the next twenty five years and probably get some kind
- 7:23Speaker 1: of weird reversal. But it's the point of doing the
- 7:26Speaker 1: right thing, and this is the you know what, this
- 7:29Speaker 1: is the wrong thing. Let's just start it at the beginning.
- 7:31Speaker 4: Listen, Well, why don't we have you why don't we
- 7:35Speaker 4: not just prosecute everybody as an adult. There's got to
- 7:37Speaker 4: be some basis for decision making. Right, this child was
- 7:40Speaker 4: a child when he did this, and he's got a
- 7:43Speaker 4: right to be tried as a juvenile, and that's what
- 7:45Speaker 4: they've decided to do.
- 7:46Speaker 5: Otherwise, it was seventeen right, Okay, Well, if.
- 7:49Speaker 4: The law says seventeen year olds get tried as an adult,
- 7:50Speaker 4: he should have been tried as an adult.
- 7:52Speaker 5: That is that what the law says.
- 7:53Speaker 4: No, if the law gives a discretion and they chose
- 7:56Speaker 4: the discretion to say, we're going to follow the law
- 7:57Speaker 4: and try it as a.
- 7:59Speaker 1: Juvenile, Randy, let's discuss the actual law, not the law
- 8:06Speaker 1: in Randyland. The law is that there in most jurisdiction
- 8:11Speaker 1: are seven deadly sins for which a juvenile will have
- 8:16Speaker 1: a bind over hearing and most likely get treated as
- 8:19Speaker 1: an adult. That said, rape is a seven deadly which
- 8:24Speaker 1: means there's a very very rubber stamped hearing. There is
- 8:29Speaker 1: a hearing, but after the hearing the case will be
- 8:32Speaker 1: sent to superior court. Are you telling me you never
- 8:38Speaker 1: had a case with a seventeen year old that was
- 8:41Speaker 1: tried as an adult.
- 8:44Speaker 5: Certainly there are.
- 8:45Speaker 4: Cases, but again, this is a different case. This is
- 8:47Speaker 4: a victim knew that the defendant. This is a you
- 8:49Speaker 4: know's an allegation that there was a relationship. Oh no,
- 8:52Speaker 4: I'm not true.
- 8:53Speaker 1: I'm so glad you said that. Wait wait wait, wait,
- 8:56Speaker 1: hold on, hold on, wait wait wait wait you think
- 8:58Speaker 1: I'm going to pretend that didn't just come out of
- 9:00Speaker 1: your mouth. Shannon Henry joining me, President founder of SAS
- 9:03Speaker 1: SASS Surviving Assault Standing Strong. It is a non profit
- 9:08Speaker 1: on a mission to help women victims of sex attacks.
- 9:13Speaker 1: Did you just hear what Kesser said and believe you me?
- 9:16Speaker 1: It might work in front of a jury. He said, uh,
- 9:19Speaker 1: she was his girlfriend. Okay, number one, there's not just one.
- 9:23Speaker 1: There's two victims that we know of who say startlingly
- 9:28Speaker 1: similar stories about being sex assaulted and beaten strangled to
- 9:34Speaker 1: one had to have surgery on her neck and her
- 9:37Speaker 1: face drooped after the strangulation. And not only that, he
- 9:42Speaker 1: videoed the attack and the police found the video. The
- 9:48Speaker 1: state has the video of the girl unconscious being strangled
- 9:53Speaker 1: and then sex assaulted. Shannon, did you hear that? Randy
- 9:57Speaker 1: Kester says, oh, well, it was his girlfriend, like means
- 10:00Speaker 1: it didn't happen.
- 10:01Speaker 6: Shannon, yep, So now, Evidently, according to Randy, we're going
- 10:05Speaker 6: to start excusing relationship violence and relationship with sexual assaults,
- 10:11Speaker 6: and that would include the ones like this one, when
- 10:14Speaker 6: clearly her body was shutting down. She urinated on herself
- 10:18Speaker 6: as he strangled her. That is the body shutting down
- 10:21Speaker 6: because it can't do everything it needs to do.
- 10:24Speaker 1: I want to say, Kessler, as you're describing that, pick
- 10:27Speaker 1: it up right there, please, Shannon.
- 10:29Speaker 6: She urinated on herself, and so that tells us that
- 10:33Speaker 6: the body is shutting down.
- 10:34Speaker 7: So this isn't you know?
- 10:35Speaker 1: This is the perfect case.
- 10:37Speaker 6: We have the I know there's no perfect case, but
- 10:40Speaker 6: we have video evidence. Typically, as he said, she said,
- 10:43Speaker 6: this is not We have the evidence physically, psychologically, we've
- 10:48Speaker 6: got the medical evidence. We know that this was attempted murder.
- 10:50Speaker 6: This was kidnapping, it was rape, it was sodomy. It
- 10:53Speaker 6: was everything it could be. And it does not matter
- 10:56Speaker 6: if she was in a relationship with him or he
- 10:58Speaker 6: was a stranger. He is at fall.
- 11:00Speaker 7: He should be sentenced accordingly.
- 11:02Speaker 1: You know, Shannon, I know you must feel this sometimes,
- 11:05Speaker 1: do you. Shannon is the president and founder of Surviving
- 11:09Speaker 1: Assault Standing Strong. I was just thinking about my little daughter,
- 11:14Speaker 1: Lucy she's about this big. She's just beautiful on the
- 11:19Speaker 1: inside and the outside. And sometimes I just feel like
- 11:24Speaker 1: going in lane on the railroad track and wait for
- 11:26Speaker 1: a train to come in. I mean, there is a
- 11:30Speaker 1: video the little high school girl with her pants. She
- 11:35Speaker 1: went unconscious. At one point she was bleeding from her genitals,
- 11:43Speaker 1: and there's a video. The guy sets up a video
- 11:48Speaker 1: he wants to replay watching himself strangling her out. The
- 11:55Speaker 1: one victim and there's two that we know of, had
- 11:58Speaker 1: to have surgery on her throat. Her face was drooping
- 12:04Speaker 1: on one side after because the strangulation was so severe.
- 12:10Speaker 1: Page Taylor joining US investigative reporter Fox twenty five. Tell
- 12:16Speaker 1: me about the surgery the one little girl had to have.
- 12:21Speaker 3: Well, yeah, so after she was strangled, she had a
- 12:24Speaker 3: lot of pain in her neck, there was swelling and
- 12:27Speaker 3: so you know, she did have to undergo surgery.
- 12:31Speaker 1: And now she has a scar.
- 12:32Speaker 3: So not only you know, does she have mental scars,
- 12:34Speaker 3: but now she has a physical one.
- 12:37Speaker 1: Rachel Countryman also joining us. You know her well, forensic
- 12:40Speaker 1: nurse expert, founder of Countrymen Consulting. She provides expert testimony
- 12:46Speaker 1: in case consultation all across the country. On sex assault, strangulation,
- 12:51Speaker 1: partner violence at Countrymen Consulting Services dot Com. And there's
- 12:58Speaker 1: a reason she has her own consulting business. She has
- 13:02Speaker 1: been on the front lines as a rape nurse, Rachel.
- 13:07Speaker 1: When you hear the victim was totally unconscious and urinated
- 13:13Speaker 1: in her clothes, urinated during the attack. She had no
- 13:18Speaker 1: control over her bodily functions at all. We know that
- 13:23Speaker 1: in at least one instance there was gentle bleeding. How
- 13:28Speaker 1: can a judge judge what's her name, Susan Worthington, right page, correct,
- 13:36Speaker 1: that's correct, Judge, Susan Worthington. I don't understand, Rachel. How yeah,
- 13:43Speaker 1: there you go.
- 13:45Speaker 8: How could she turn the other way and give this
- 13:49Speaker 8: guy community service and counseling. And there's not just one victim, Rachel,
- 13:56Speaker 8: What would you be looking for? And what do you
- 13:59Speaker 8: think of the as we know them? I'm getting them straight.
- 14:02Speaker 1: Out of the arrest. Warn't Epidavid, nobody's making any of
- 14:05Speaker 1: this up.
- 14:07Speaker 5: Yeah.
- 14:07Speaker 9: So the symptoms are, you know, quite astounding. A lot
- 14:11Speaker 9: of times when we have patients present, we don't see
- 14:15Speaker 9: any symptoms.
- 14:16Speaker 7: And so the.
- 14:16Speaker 9: Fact that you know she urinated on herself, loss of consciousness.
- 14:21Speaker 9: As you know, even Susan mentioned this is the body
- 14:24Speaker 9: shutting down. The body is not getting oxygen, the tissues
- 14:29Speaker 9: in the body are getting oxygen, and she is very
- 14:31Speaker 9: close to losing her life.
- 14:34Speaker 1: What happened and why did the judge agree to this?
- 14:37Speaker 1: And even more interesting, why did the prosecutor even put
- 14:42Speaker 1: it up?
- 14:42Speaker 10: Listen, a serial rapist who strangles his girlfriends for a laugh,
- 14:47Speaker 10: serving no jail time on eleven charges, securing a sweetheart
- 14:51Speaker 10: deal classifying him as a youthful offender, the now eighteen
- 14:55Speaker 10: year old's treatment plan, counseling, community service, and curfews.
- 15:00Speaker 11: Testing Judge Susan Worthington and demanding her immediate resignation. We
- 15:04Speaker 11: are protesting the Payne County District Attorney's office and demanding
- 15:09Speaker 11: the immediate resignation of the eighty a's who made this deal.
- 15:13Speaker 12: If they don't set you on fire, you would we
- 15:15Speaker 12: You know what I mean? You got a bad you
- 15:18Speaker 12: know that sets me on fire. That looks like favoritism
- 15:22Speaker 12: all day long for me, That from.
- 15:24Speaker 1: Our friends at kfo R. And that was Representative J. J. Humphrey.
- 15:31Speaker 1: I couldn't agree with him more. Many people are asking
- 15:36Speaker 1: why Judge Susan Worthington, and don't worry, I'm going to
- 15:39Speaker 1: get about three inches of the prosecutor's tailpipe as well.
- 15:43Speaker 1: Why she would go along with this plea? How could
- 15:46Speaker 1: she even look at herself in the mirror? Well, we
- 15:50Speaker 1: have an idea. Listen.
- 15:51Speaker 13: Jesse mac Butler, a star baseball player for the Stillwater
- 15:55Speaker 13: High Pioneers, already getting offers to play at NCAA colleges.
- 15:59Speaker 13: Jesse's fan deeply tied to Stillwater and Oklahoma State University.
- 16:03Speaker 13: Father Mac Butler served as the Cowboys football director for
- 16:07Speaker 13: sixteen years, and now his wife and daughter also work
- 16:10Speaker 13: for Oklahoma State's football program.
- 16:12Speaker 2: Still Water outraged by Butler's like sentence, many speculating Mac
- 16:16Speaker 2: Butler's deep connection to OSU is the reason behind his
- 16:19Speaker 2: son's ridiculous sentence. Protesters calling for District Attorney Laura Thomas
- 16:23Speaker 2: is firing.
- 16:24Speaker 14: I'm not slowing down, and you know, I have a
- 16:28Speaker 14: fifteen year old and he said that you need to
- 16:30Speaker 14: do something. So they have a position that came open
- 16:35Speaker 14: at still Water schools, and I said.
- 16:37Speaker 1: I don't want to be the head guy. I don't
- 16:38Speaker 1: want any of that.
- 16:39Speaker 14: You know, if I can help.
- 16:42Speaker 1: I want to help straight back out to page tailor
- 16:45Speaker 1: investigator Reporter Fox twenty five at news Page. I want
- 16:49Speaker 1: to hear about the father's deep involvement in the community
- 16:54Speaker 1: and the sports programs.
- 16:57Speaker 3: Yes, so that family does have deep to still water
- 17:01Speaker 3: to OSU. Like you mentioned, he did work for OSU
- 17:06Speaker 3: for many years with the football program, and I think
- 17:08Speaker 3: it's important to know. You know, football is so important
- 17:11Speaker 3: in those college towns and really harries a lot of
- 17:15Speaker 3: weight and meaning. You know, he's also worked at some
- 17:17Speaker 3: other universities and high schools around the state of Oklahoma.
- 17:22Speaker 1: Guys, it seemingly gets so much worse. But to Randy
- 17:28Speaker 1: Kessler joining US Atlanta trial lawyer, allegedly lawyer to the celebs, Randy,
- 17:38Speaker 1: it matters. It shouldn't matter. But I've seen it happen
- 17:43Speaker 1: in court where an influential family comes into court, typically
- 17:48Speaker 1: with their son. Occasionally their daughter has a felony, but
- 17:51Speaker 1: usually the sun and they all have on their Sunday
- 17:54Speaker 1: best and they all stand up behind the podium and
- 17:57Speaker 1: they cry and they write letters, and they get really
- 18:00Speaker 1: influential people like mayors and the heads of football programs
- 18:04Speaker 1: at colleges to write on behalf of the defendant, and
- 18:11Speaker 1: I don't like it, but it matters not to me.
- 18:15Speaker 1: To me, that makes it worse. That means that that
- 18:18Speaker 1: defendant had every opportunity, every advantage given the world on
- 18:24Speaker 1: a silver platter on top of the Christmas tree, and
- 18:27Speaker 1: still committed a felony, as opposed to some people who
- 18:31Speaker 1: everybody in their family's gone to jail. They've all committed felonies.
- 18:34Speaker 1: It's a way of life. They don't understand, Hey, this
- 18:36Speaker 1: is wrong. This guy had it all and it makes
- 18:41Speaker 1: a difference, I guess, to the judge and the prosecutor
- 18:44Speaker 1: in this case, what matters to me or what these
- 18:46Speaker 1: two little girls say.
- 18:48Speaker 5: I agree with you, Nis, and I want to make
- 18:50Speaker 5: it clear to you and all you guess. I think
- 18:51Speaker 5: this convict was despicable, and I'm not defending the conduct.
- 18:54Speaker 4: I'm trying to find reasons because I wasn't there as
- 18:57Speaker 4: to why they might have cut this deal or why
- 18:59Speaker 4: they might have not charged him. That's all I'm trying
- 19:01Speaker 4: to do is to splaind it And I think you might
- 19:02Speaker 4: be right. I don't know this judge, I don't know
- 19:04Speaker 4: this prosecutor, but we're all searching for either the facts
- 19:07Speaker 4: weren't there or the evidence wasn't there, and it sounds
- 19:09Speaker 4: like it was there, So what else is there?
- 19:11Speaker 5: And I think you're looking in the right direction. Maybe
- 19:13Speaker 5: there was something on toward going on, And I agree
- 19:15Speaker 5: with you.
- 19:15Speaker 4: I don't have damous people write letters thinking that's going
- 19:18Speaker 4: to impress the judge. If I was a judge, I'd say, oh,
- 19:20Speaker 4: you think your hot stuff and you're going to pull
- 19:23Speaker 4: your cloud and affect me. I think most judges, most
- 19:25Speaker 4: good judges, would see it exactly the way you suggest
- 19:28Speaker 4: that they should see it, which is it doesn't matter.
- 19:30Speaker 4: In fact, it makes it worse if you think that's
- 19:32Speaker 4: going to help. What matters is the conduct. What matters
- 19:34Speaker 4: is the evidence, and what matters to the prosecution is
- 19:37Speaker 4: can they prove and can they win their case? If
- 19:39Speaker 4: they can proven win their case, then they should push
- 19:41Speaker 4: it as far as they can. If they're not sure,
- 19:43Speaker 4: then they compromise. And I've not been in the room,
- 19:45Speaker 4: and I wasn't there, and I'm hearing more and more
- 19:47Speaker 4: even on the show, and it's still making me a question.
- 19:49Speaker 1: Why, Randy Casser, You're not worried, are you that somebody's
- 19:54Speaker 1: going to go on X or Facebook and go, oh,
- 19:57Speaker 1: I'm mad at Randy Casseler because he took up for
- 19:59Speaker 1: the defendant. You actually care what somebody says about you?
- 20:09Speaker 1: Crime stories with Nancy Grace.
- 20:15Speaker 5: I care what people say.
- 20:17Speaker 1: Business. If you do so what I'm in, I've got
- 20:20Speaker 1: fixed in the wrong business. If you care what everybody
- 20:23Speaker 1: else says, it doesn't matter what they say. It matters
- 20:28Speaker 1: that you do the right thing. And as a defense attorney,
- 20:31Speaker 1: it's your job, as much as I don't like it,
- 20:33Speaker 1: to find holes in every case and exploit them. We
- 20:38Speaker 1: have the adversarial system. We're adversaries. We collide in court
- 20:44Speaker 1: and we fight it out, and we test each other's
- 20:47Speaker 1: evidence through cross examination and the rules of evidence. You
- 20:51Speaker 1: know how many defense attorneys I've made mad because I
- 20:53Speaker 1: would fight their exhibits, fight their witnesses any way I could,
- 20:59Speaker 1: because I want it speaks the truth. Your job to
- 21:04Speaker 1: try to stop.
- 21:04Speaker 4: Me, and that's what I do, mich You know what,
- 21:07Speaker 4: and try doing divorce once in a while too. When
- 21:09Speaker 4: we do some of that, then you've got people that
- 21:11Speaker 4: are really angry at each other.
- 21:12Speaker 5: It's not just the state, it's an individual.
- 21:14Speaker 4: So certainly we do our job and certainly there's times
- 21:17Speaker 4: when we have to say, you know what, it's just
- 21:19Speaker 4: an all out of fight. But if we can find
- 21:21Speaker 4: a way to solve the problem without having a trial,
- 21:23Speaker 4: criminal or civil, that's what we always try to do.
- 21:25Speaker 4: Why risk the extreme punishment, Why risk the eighty seven years?
- 21:29Speaker 4: Why risk the worst thing in judges jury can do
- 21:31Speaker 4: if you can find it, And that's what I got to.
- 21:34Speaker 1: Do something, Randy. I don't think you ever saw me
- 21:36Speaker 1: like this, because I would usually go and get in
- 21:38Speaker 1: my car when I would be so upset at how
- 21:42Speaker 1: a case was turning out. But this case is so wrong.
- 21:47Speaker 1: I know of two high school girl victims separated in
- 21:52Speaker 1: time and space, that give the same story about this guy.
- 21:55Speaker 1: It's on video. He videoed it. The girl had to
- 22:00Speaker 1: have surgery. He strangled her so badly, and he walked free.
- 22:06Speaker 1: With counseling doctor Cheryl Eric joining us out of Beverly
- 22:11Speaker 1: Hills clinical forensics psychologists specializing in trauma recovery. You can
- 22:16Speaker 1: find her at askdoctor Cheryl dot com. Cheryl, I'm having flashbacks.
- 22:22Speaker 1: I guess is PTSD from the Seawan Combs verdict where
- 22:27Speaker 1: Cassie Ventura was beaten horribly brutally like these girls were
- 22:34Speaker 1: beaten and strangled till they urinated on themselves on video
- 22:41Speaker 1: and the jury excused it. And it's just like the
- 22:46Speaker 1: same thing all over again with a baseball high school star.
- 22:53Speaker 15: That's right, there's evidence, there's video evidence. We can see it,
- 22:59Speaker 15: and we can see when somebody is powerful or influential,
- 23:03Speaker 15: we can see courts making a decision that the young
- 23:07Speaker 15: man's life is more important than the lives of the
- 23:11Speaker 15: two young women that he is destroying. And the thing
- 23:14Speaker 15: is that this isn't just about favor this is also
- 23:19Speaker 15: these are very very dangerous crimes, and they are crimes
- 23:23Speaker 15: with very very high risk of reoffending. He doesn't show remorse.
- 23:29Speaker 15: He the family doesn't show a sense of consequences about this.
- 23:34Speaker 15: They're saying to him, Oh, don't worry, we're going to
- 23:36Speaker 15: get you out soon, you know, when he gets arrested.
- 23:38Speaker 1: And as we've.
- 23:40Speaker 15: Talked about, strangulation puts the victim at risk of seven
- 23:45Speaker 15: hundred and fifty percent more likely to be murdered by
- 23:49Speaker 15: the person who strangled her during an attack. We don't
- 23:52Speaker 15: see remorse, We see sadism, We see him being proud
- 23:55Speaker 15: of what he's doing. And recording, and he sort of does, oh,
- 23:59Speaker 15: I'm sorry for one of them, about to do with
- 24:02Speaker 15: one of the victims, but doesn't not hurt her. He
- 24:07Speaker 15: is not moved by this pain. And the real risk
- 24:10Speaker 15: here is that these types of crimes run a very
- 24:14Speaker 15: very high risk of not only reoffending, but of murder,
- 24:18Speaker 15: of murdering future victims, and whatever favor has happened here,
- 24:23Speaker 15: if a future victim is murdered, I really think that
- 24:26Speaker 15: the blood is on the hands of the judge in
- 24:28Speaker 15: this case.
- 24:29Speaker 1: Talking about flashbacks from the Shanghams trial, Remember.
- 24:33Speaker 13: This Butler appears to be a typical all American teenager,
- 24:46Speaker 13: but his ex girlfriends say he's extremely violent.
- 24:50Speaker 2: Just a few weeks into the fall semester, two Stillwater
- 24:52Speaker 2: High students seek out their school resource officers, scared of
- 24:56Speaker 2: their shared ex boyfriend, alleging he attacks them numerous tis
- 25:00Speaker 2: throughout back to back relationships. The victims are still attending
- 25:03Speaker 2: class with their attacker, now eighteen year old Jesse Butler.
- 25:08Speaker 1: It gets so much worse when you read the affidavits,
- 25:11Speaker 1: the sworn testimony about what these victims said. I want
- 25:16Speaker 1: you to hear it.
- 25:17Speaker 10: Butler tries to rape ls for the first time outside
- 25:21Speaker 10: of a marble slab. On what was supposed to be
- 25:23Speaker 10: an ice cream date. Butler pins Ls down in his car,
- 25:27Speaker 10: removes her clothes, then touches her breast and vagina while
- 25:30Speaker 10: she tells him to stop through tears. Butler says he's
- 25:33Speaker 10: sorry for what he's about to do, but he has
- 25:35Speaker 10: to do it. Before the rape, a woman approaches Butler's
- 25:39Speaker 10: car and says she's calling police. Butler drives Ls back
- 25:42Speaker 10: to her own car, but gets in with her, still
- 25:44Speaker 10: trying to initiate intercourse until Ls finally convinces him to
- 25:48Speaker 10: get out.
- 25:49Speaker 1: Well, needless to say, it didn't end there. But back
- 25:52Speaker 1: to you, Kessler, an ice cream date, don't you have daughters?
- 26:01Speaker 5: Yeah, it's irrelevant. I mean it's not right, right, What
- 26:03Speaker 5: do you want to say to that?
- 26:04Speaker 1: It's relevant? So I'll take that as a yes. Uh,
- 26:09Speaker 1: an ice cream date? You know? The other night, Lucy
- 26:14Speaker 1: and her little friend boy went out for frozen yogurt.
- 26:20Speaker 1: That sounds pretty innocent, doesn't it. A woman in the
- 26:23Speaker 1: parking lot had to come over and get him off
- 26:27Speaker 1: of her and threatened to call police. Think about it.
- 26:32Speaker 1: If he will do that in a public park in
- 26:35Speaker 1: front of marble slab cream andy. For Pete's sake, what
- 26:38Speaker 1: will he do on an isolated road or when he
- 26:40Speaker 1: has the girl in private, if he will be that bold,
- 26:44Speaker 1: that horrible chin parking lot.
- 26:50Speaker 5: So chromin. What do you want me to say to that, Nancy? Stupid?
- 26:55Speaker 4: Any thank goodness you did it like that, so that
- 26:56Speaker 4: he got caught in that he got and there was
- 26:58Speaker 4: a witness, and there's someone that came out there right,
- 27:00Speaker 4: thank goodness, because they are smarter criminals that are worse.
- 27:04Speaker 5: Right, this is not this is not a nice guy.
- 27:07Speaker 1: Okay, I like that. I like that. I like that
- 27:11Speaker 1: when you argue there are people worse? Okay, what am
- 27:15Speaker 1: I supposed to do with that? There are people worse
- 27:17Speaker 1: than him, worse as.
- 27:20Speaker 4: Far as intelligence, Nancy, not as far as what he did.
- 27:22Speaker 4: The people there are people to do worse things, are
- 27:23Speaker 4: people to do less worse things. You can't classify that,
- 27:27Speaker 4: you can't rape that. This is down there, right, This
- 27:29Speaker 4: is something nobody wants to be a part of, nobody wants.
- 27:32Speaker 1: I don't have a problem ranking it. I would say
- 27:35Speaker 1: it's not as bad as murdering her, but it's a
- 27:39Speaker 1: whole lot worse and shoplifting, right, Yeah, I can totally
- 27:42Speaker 1: rank it. That's why we call it one of the
- 27:44Speaker 1: seven deadly sins for which you will be tried as
- 27:48Speaker 1: an adult. Okay, not convinced yet, Casler listen to this.
- 27:51Speaker 13: Butler tries to rape Ls again, this time at his
- 27:54Speaker 13: home while his mother is there. Ls cries and says no,
- 27:57Speaker 13: while Butler straddles are on the couch but is removing
- 28:00Speaker 13: his own underwear when his mom knocks on the door
- 28:02Speaker 13: and asks if everything's okay. Butler then drives Ls home,
- 28:06Speaker 13: but park streets away, refusing to drop her off until
- 28:09Speaker 13: she does what he wants. Butler gropes Ls and moves
- 28:12Speaker 13: her hand over his groin. This goes on for hours.
- 28:16Speaker 13: Ls afraid to try to leave, Butler only gives up
- 28:19Speaker 13: when his sister texts he needs to come home.
- 28:22Speaker 16: To Jesse's parents. I don't know what you knew. I
- 28:25Speaker 16: don't know if you heard me crying through the walls
- 28:28Speaker 16: or noticed how your son treated me when no one
- 28:30Speaker 16: was looking. But I hope you hear me now. Your
- 28:34Speaker 16: son hurt me in ways that cannot be undone, and
- 28:38Speaker 16: I need you to understand that your silence, your protection
- 28:41Speaker 16: of him or even your denial would hurt too, because
- 28:45Speaker 16: someone should have stopped this, Someone should have seen the
- 28:48Speaker 16: bruises in the fear.
- 28:50Speaker 1: Did the parents know apparently, yes, you heard that. The
- 28:54Speaker 1: mother comes to the door and goes everything okay, in there,
- 28:58Speaker 1: it's her home, her home where this is happening. How
- 29:02Speaker 1: could she not know? Well, let's take a look at mommy,
- 29:06Speaker 1: come arrest.
- 29:07Speaker 7: We're going to obviously tell our story too. Yeah, yes,
- 29:13Speaker 7: it's mom. Open the door, it's me. And if you'll
- 29:21Speaker 7: just have him step out and give me your wallet
- 29:28Speaker 7: and phone and stuff.
- 29:29Speaker 17: So you're what, well, okay, it's not long tering thing
- 29:34Speaker 17: as in, okay, so can you tell him what you
- 29:37Speaker 17: just fell me?
- 29:38Speaker 1: Or yeah, so we're here.
- 29:41Speaker 18: We're obviously going to place you under arrest. There's a
- 29:43Speaker 18: for your arrest. We're going to take you to the jail.
- 29:46Speaker 18: I told your mom that she can contact a bondsman
- 29:50Speaker 18: and you shouldn't be.
- 29:51Speaker 1: Very there very long.
- 29:53Speaker 18: But there just is a process for paperwork and stuff.
- 29:56Speaker 18: But right now you do have to come with us,
- 29:58Speaker 18: and I do have to put you in a handcuffs,
- 29:59Speaker 18: So turn around for metransport something.
- 30:08Speaker 7: I'll get you out right, all right, Stay silent, Ruthe
- 30:13Speaker 7: knows about this. Can you dance on his way? We're
- 30:17Speaker 7: coming to Okay, stay strong, Okay, say your prayers still.
- 30:22Speaker 5: Want Okay that way? They don't think you went tell me.
- 30:30Speaker 7: So horrible, awful experience.
- 30:32Speaker 5: For the child?
- 30:36Speaker 1: Did I just hear mommy say this is an awful
- 30:40Speaker 1: experience for a child? Is she talking about that hulk
- 30:46Speaker 1: walking along in handcuffs? And did you notice doctor Cheryl Erritt,
- 30:53Speaker 1: Mommy wasn't surprised at all. Crime stories with Nancy Grace,
- 31:05Speaker 1: I mean, you know, it reminds me of doctor Cheryl.
- 31:07Speaker 1: Have you ever seen cops okay where they're playing bad boy,
- 31:12Speaker 1: Bad Boy and they run through a house to make
- 31:15Speaker 1: an arrest, and there's a guy sitting there drinking a
- 31:17Speaker 1: beer in a lazy and a lazy boy watching TV.
- 31:20Speaker 1: He just cop watches the cops run through like it's
- 31:23Speaker 1: just another day at home, not surprised at all that
- 31:28Speaker 1: the swat team is running across his living room. He
- 31:31Speaker 1: just keeps watching TV. The mom shows no emotion at all.
- 31:37Speaker 1: She's not surprised her son is charged with brutal attacks
- 31:42Speaker 1: on two high school girls. For Pete's sake, that's right.
- 31:48Speaker 15: There is no level of shock that you're seeing register
- 31:52Speaker 15: for her about the gravity of the things that he
- 31:55Speaker 15: is charged with. She immediately goes into babying him and
- 31:59Speaker 15: trying to make sure that he knows that they're going
- 32:02Speaker 15: to pull all the strings they can and he's gonna
- 32:04Speaker 15: be okay. And her empathy and her compassion seems to
- 32:07Speaker 15: be about rescuing him from the consequences of the crimes
- 32:11Speaker 15: he's just been accused of, and with evidence with these
- 32:16Speaker 15: young girls, these high school girls who they know. Stillwater
- 32:20Speaker 15: is not a big community. I mean, these girls were
- 32:25Speaker 15: one of them we know was in her home and
- 32:27Speaker 15: she was worried enough that something didn't sound right to
- 32:30Speaker 15: knock on the door. But there is a sort of
- 32:32Speaker 15: an act of not knowing, a denial that is not
- 32:36Speaker 15: just a river in Egypt that we see in households
- 32:39Speaker 15: where there is a violence, where people kind of take
- 32:43Speaker 15: the convenient way out sometimes and pretend that they don't
- 32:47Speaker 15: see the glaring red flags that they need to see.
- 32:51Speaker 15: And this is one of the reasons I'm so concerned
- 32:53Speaker 15: about this young man reoffending.
- 32:56Speaker 1: To Rachel Countryman joining US forensic nurse expert at Countrymen Consulting.
- 33:02Speaker 1: She is an expert witness an advisor on sex assault
- 33:06Speaker 1: strangulation cases all across the country. Rachel. Earlier, you said
- 33:11Speaker 1: that sometimes in rape victims you don't see a physical manifestation.
- 33:17Speaker 1: In this case, you've got a high school girl bleeding
- 33:21Speaker 1: from her genitals and you have a strangulation so severe
- 33:27Speaker 1: that she has to have throat surgery and is left
- 33:30Speaker 1: with permanent scars. Her face is drooping on one side.
- 33:34Speaker 1: Wouldn't that qualify as proof forensic physical evidence that the
- 33:40Speaker 1: sex attacks occurred?
- 33:43Speaker 9: Yeah, I mean for sure, that definitely that physical evidence
- 33:48Speaker 9: that we don't always see. And you know, I further
- 33:51Speaker 9: think about the brain injury that these girls maybe have
- 33:54Speaker 9: occurred from the lack of oxygen during these strangulation attempts
- 33:58Speaker 9: multiple and multiple times. And you know, as we know,
- 34:02Speaker 9: traumatic brain injuries, they're lifelong. You know, those things are
- 34:06Speaker 9: something that you know, they're not just emotions that we
- 34:09Speaker 9: can deal with and pass on or you know, there's
- 34:12Speaker 9: something that these girls and their very young lives are
- 34:14Speaker 9: gonna have to deal with into their adults.
- 34:17Speaker 1: Let's take a look at that arrest again. I'm really
- 34:20Speaker 1: surprised that they didn't offer him some cookies and milk
- 34:25Speaker 1: when they arrested him, they practically apologized for putting him
- 34:30Speaker 1: in coast. For Pete's sake, this is a two time
- 34:33Speaker 1: sex attacker. There's no question of guilt or innocence. Why
- 34:38Speaker 1: are they treating him this way. I don't expect them
- 34:41Speaker 1: to throw him face down on the asphalt and drag
- 34:43Speaker 1: him to the car. But for Pete's sake, I mean again,
- 34:47Speaker 1: milk and cookies, listen, ready.
- 34:50Speaker 7: To obviously tell our story too. Yeah, yes, it's mom
- 34:56Speaker 7: opened the door. It's made. And if you'll just have
- 35:04Speaker 7: him step out and.
- 35:07Speaker 5: Give me your.
- 35:09Speaker 7: Wallet and phone and stuff, so.
- 35:12Speaker 17: You're one, Okay, it's not a long during things like okay,
- 35:17Speaker 17: so can you tell him what you just call me?
- 35:20Speaker 1: Or yeah, so we're here.
- 35:23Speaker 18: We're obviously going to place you under arrest. There's a
- 35:25Speaker 18: for your arrest. We're going to take you to the jail.
- 35:28Speaker 18: I told your mom that she can contact a bondsman
- 35:32Speaker 18: and you shouldn't be very there very long. But there
- 35:35Speaker 18: just is a process for paperwork and stuff. But right
- 35:38Speaker 18: now you do have to come with us, and I
- 35:40Speaker 18: do have to put you in handcasts so turn around
- 35:42Speaker 18: for me.
- 35:42Speaker 5: I don't have to put your Yeah, I transports something.
- 35:50Speaker 7: I'll get you out for me, all right, Silent knows
- 35:55Speaker 7: about this. Can you dance on this way?
- 35:59Speaker 17: We're coming, Okay, stay strong, Okay, so your prayers still
- 36:04Speaker 17: are pay all.
- 36:05Speaker 5: Past that where they don't think you went for one
- 36:07Speaker 5: full of.
- 36:08Speaker 7: Vitelli, A confluent experience for the time.
- 36:19Speaker 16: I will never forget the night you strangled me unconscious
- 36:22Speaker 16: because I said no. That moment changed my life. A
- 36:26Speaker 16: medical professional leader told me that I was just thirty
- 36:29Speaker 16: seconds away from dying. Thirty seconds. If you had kept
- 36:34Speaker 16: your hands on my neck just a little longer, I
- 36:36Speaker 16: wouldn't be standing here today. That wasn't just as scare.
- 36:40Speaker 16: It was a near death experience.
- 36:43Speaker 10: It didn't just hurt me.
- 36:44Speaker 1: You nearly killed me. That strangulation victim l s one
- 36:50Speaker 1: of the two little high school girls she ends up.
- 36:53Speaker 1: That's the girl that had to have the surgery on
- 36:56Speaker 1: her neck with a prominent scar. She had facial drooping
- 36:59Speaker 1: me because of it. But I mentioned a second victim.
- 37:03Speaker 1: We're calling her k S Listen.
- 37:06Speaker 2: Later that same week, Butler tells KS he wants to
- 37:08Speaker 2: strangle her again, this time on film, because he enjoys
- 37:12Speaker 2: watching her pass out afraid of what would happen if
- 37:14Speaker 2: she refused Chaos and again loses consciousness while Butler's hands
- 37:17Speaker 2: are wrapped around her neck. The officer who takes Kaos's
- 37:20Speaker 2: report discovers the video still saved to Butler's phone, matching
- 37:24Speaker 2: her description and time frame.
- 37:26Speaker 1: Joining us now Domestic violence sex assault Detective NAPA Bill
- 37:32Speaker 1: Hernandez Bill, thank you for being with us. How many
- 37:35Speaker 1: times have you heard a defense attorney argue there's no
- 37:41Speaker 1: proof that happened? And I remember jervis, what do you
- 37:44Speaker 1: want a video? We've got a video, Bill, But yet
- 37:49Speaker 1: the judge allowed him to walk free with counseling, and
- 37:54Speaker 1: the DA with a straight face, put that up as
- 37:58Speaker 1: the deal. That's terrible.
- 38:01Speaker 19: I can't imagine what these survivors are going to go
- 38:04Speaker 19: through because of that deal that it was struck. It
- 38:08Speaker 19: is unconscionable and it's really unbelievable that this happened, and
- 38:14Speaker 19: it's really going to encourage more people like Jesse to
- 38:19Speaker 19: do things like this, and it's going to really stop
- 38:22Speaker 19: other survivors from wanting to report because they see that
- 38:25Speaker 19: nothing's going to happen.
- 38:27Speaker 1: Guys, there is a move afoot to kick out the
- 38:30Speaker 1: prosecutor and.
- 38:32Speaker 20: The judge, Judge Worthington, previously underfire. A Cushing middle school
- 38:43Speaker 20: teacher pleaded guilty to sexually harassing a thirteen year old student.
- 38:47Speaker 20: Swain asked the girl for sexually explicit photos and to
- 38:50Speaker 20: meet him in private. Swain also caught trying to break
- 38:54Speaker 20: in her bedroom window. Swains and it's to ten years,
- 38:57Speaker 20: but Worthington suspended the majority Wwayne spending just a year
- 39:01Speaker 20: behind bars.
- 39:02Speaker 1: Sidney Sumner or Crime Stories investigative reporter. You've researched the
- 39:06Speaker 1: judge's history. What can you tell me about a track record?
- 39:08Speaker 21: So Judge Susan Worthington suspended this middle school teacher's almost
- 39:14Speaker 21: ten year sentence. So he spent just a year behind
- 39:17Speaker 21: bars for sexually harassing a thirteen year old girl trying
- 39:21Speaker 21: to break into her bedroom and Nancy, it gets worse
- 39:25Speaker 21: after his release on that suspended sentence. Swayin raced a
- 39:29Speaker 21: sixteen year old girl. He lured her into his car
- 39:33Speaker 21: at a gas station parking lotch raped her, and then
- 39:36Speaker 21: harassed her for months, trying to keep her quiet about
- 39:39Speaker 21: what happened.
- 39:41Speaker 22: That charge was dropped.
- 39:44Speaker 21: The District Attorney's office did not prosecute Swayne for that race,
- 39:48Speaker 21: and now he's charged again. Last year November, he was
- 39:53Speaker 21: charged with sexually contacting a minor third offense.
- 39:58Speaker 1: Tessler. Look, I can't tell you how seriously I take
- 40:04Speaker 1: every case I put in fun majury, in every guilty
- 40:07Speaker 1: plea one. There's so many nightmares. But one of my
- 40:11Speaker 1: worst possible nightmares is the thought that an innocent person
- 40:17Speaker 1: is behind bars. Not only would the innocent person be
- 40:20Speaker 1: behind bars, but the guilty person would be walking free.
- 40:25Speaker 1: But when I hear that, how could the judge live
- 40:30Speaker 1: with herself or the prosecutor? The prosecutor is just as bad.
- 40:33Speaker 1: They're the one that put up the plea deal and
- 40:35Speaker 1: the judge rubber stamped it. They both had the opportunity
- 40:40Speaker 1: to do the right thing. Did you hear what Sidney
- 40:41Speaker 1: was saying about Swain the middle school teacher breaking in
- 40:45Speaker 1: to a middle school girl's bedroom, cut loose by Worthington
- 40:51Speaker 1: went on to rape another little girl and harass her,
- 40:54Speaker 1: and now he's up on a third count. I mean,
- 40:59Speaker 1: I don't know how they can live with themselves. How
- 41:02Speaker 1: do they sit down at the supper table at night
- 41:05Speaker 1: and think everything's okay? That they're doing just a great job, right.
- 41:10Speaker 4: Unfortunately or unfortunately, that's what makes judges usually become more
- 41:12Speaker 4: and more conservative. You have one mistake like that and
- 41:15Speaker 4: one backlash, and you say this is never going to
- 41:17Speaker 4: happen again. This is rare, This is a unique situation.
- 41:21Speaker 4: You're asking the right questions. I don't know the answers,
- 41:23Speaker 4: but yeah, it is strange that a judge would not
- 41:25Speaker 4: become over time more and more conservative, more and more
- 41:28Speaker 4: concern that I'm going to make a mistake. I don't
- 41:30Speaker 4: want to happen again.
- 41:31Speaker 5: It sounds like it could be a mistake. I don't
- 41:33Speaker 5: know all the details. I don't know why.
- 41:35Speaker 1: But you know what, Randy, there's nothing that can be
- 41:37Speaker 1: done now, is there. Once a plea has been offered
- 41:41Speaker 1: and accepted. Once the state offers a plea, the defense
- 41:44Speaker 1: accepts the plea. That's a deal. You cannot go back
- 41:48Speaker 1: on a deal, no matter what, even if another prosecutor
- 41:52Speaker 1: offered it. Once the deal has been accepted, it's a deal.
- 41:56Speaker 1: But the judge doesn't have to accept it.
- 42:00Speaker 5: I mean, of course, if you find wrongdoing.
- 42:01Speaker 4: You see this in politics all the time, right, If
- 42:03Speaker 4: someone's wrongfully convicted because there was an impartial judge who
- 42:06Speaker 4: was on the take. There are ways to go back
- 42:09Speaker 4: at this, and that looks like what you're suggesting, this
- 42:11Speaker 4: judge had some ulterior motive, some reason to help this
- 42:14Speaker 4: community member that was a baseball star and a Rizon
- 42:17Speaker 4: baseball star and connected by family. That's about the only
- 42:20Speaker 4: way you can go about getting a sentence undone is
- 42:22Speaker 4: to say that it wasn't done. Probably the person doing
- 42:24Speaker 4: it was corrupt. Otherwise you can't go back and re
- 42:27Speaker 4: argue the facts or say try again, you're right.
- 42:30Speaker 5: The sentence is a sentence.
- 42:32Speaker 1: You know Bill Hernandez who is a domestic violence sex
- 42:35Speaker 1: assault detective in NAPA. Bill, you mentioned the burden that
- 42:42Speaker 1: these victims, the rape victims and their families are going
- 42:45Speaker 1: to have going forward.
- 42:46Speaker 22: Described well, what's going to happen, what's going to have
- 42:51Speaker 22: to happen for them, is they're going to have to
- 42:53Speaker 22: deal with this trauma for ever, for the rest of
- 42:56Speaker 22: their lives.
- 42:57Speaker 19: There's also some long term consequences, especially related to the
- 43:00Speaker 19: stringulation that these girls are going to be suffering for
- 43:03Speaker 19: them a long time. And I heard that one of
- 43:05Speaker 19: them had to have surgery because of facial palsy and
- 43:08Speaker 19: also an injury to her neck, and it's just going
- 43:11Speaker 19: to be a long term, long time recovery for them
- 43:15Speaker 19: and the families.
- 43:16Speaker 16: I've had to carry this weight while going to school,
- 43:18Speaker 16: trying to act like I'm okay. I've woken up from
- 43:21Speaker 16: nightmares that make me feel like I'm being attacked all
- 43:24Speaker 16: over again. I've had to explain bruises, explain silence, Explain
- 43:29Speaker 16: why I started isolating from people who love me. You
- 43:32Speaker 16: didn't just strangle me with your hands. You strangle my voice,
- 43:36Speaker 16: my joy, my ability to feel safe in my own body.
- 43:41Speaker 1: Two high school girls brutally attacked, and the attacker enters
- 43:46Speaker 1: a NOLA, which is a conviction, and walks free with
- 43:50Speaker 1: counseling to Page tail Or vestigated Reporter Fox twenty five,
- 43:57Speaker 1: what if anything is happening, Well, we know that he.
- 44:02Speaker 3: Has to follow this plan under the Youth bull of
- 44:05Speaker 3: Under status, which means attending weekly counseling, one hundred and
- 44:09Speaker 3: fifty hours of community service curfew, no social media, and
- 44:13Speaker 3: daily check in. So he will have to follow that
- 44:16Speaker 3: plan until he turns nineteen, which is less than a
- 44:20Speaker 3: year from now.
- 44:20Speaker 1: That will be next August.
- 44:23Speaker 3: If he strays from that plan or does not comply
- 44:25Speaker 3: with that plan, then he could go back to that
- 44:28Speaker 3: seventy eight year sentence.
- 44:31Speaker 1: So then nothing Randy Kessler very quickly. Once a deal
- 44:38Speaker 1: has been struck, even if it's a deal with the devil,
- 44:41Speaker 1: and the judge goes along with it, it's really hard
- 44:45Speaker 1: to change that, to get that.
- 44:46Speaker 5: Reversed, right, I mean that I was just there, that
- 44:50Speaker 5: that was right.
- 44:51Speaker 4: All we can do is hope the next time it
- 44:52Speaker 4: doesn't happen again, and do what we can to prevent
- 44:54Speaker 4: it from happening again.
- 44:55Speaker 5: But yes, the answer to your question briefly is yes.
- 44:58Speaker 1: He just fanned me a sam and she saying I'm
- 45:01Speaker 1: gonna act like I like it. We are working to
- 45:05Speaker 1: have the plea deal reversed. In the meantime, Judge, get
- 45:10Speaker 1: off the bench and same to you, District Attorney. You're
- 45:14Speaker 1: not worth the salt that goes in my bread be gone.
- 45:18Speaker 1: I don't want to see anything but tailhole and elbows
- 45:20Speaker 1: out of you while you run out of town. If
- 45:23Speaker 1: you know or think you know anything about this case,
- 45:26Speaker 1: please contact Stillwater PD four zero five three seven two
- 45:31Speaker 1: four one seven to one. And if you are someone
- 45:34Speaker 1: you know is an assault victim, please dial eight hundred
- 45:39Speaker 1: sixty five six four six seven three. We remember American
- 45:45Speaker 1: hero Deputy Sheriff Devin Haramio, Miami Dade, just twenty seven,
- 45:51Speaker 1: shot in the line of duty, leaving behind grieving parents.
- 45:56Speaker 1: American hero Deputy Devin Haramo Nancy Grace signing off goodbye friend.