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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:09,070 --> 00:00:13,530 to punish the defendant for this unspeakable murder more than the law 2 00:00:14,430 --> 00:00:20,430 Sentencing a human being to prison comes with a solemn obligation to craft a 3 00:00:20,430 --> 00:00:24,390 sentence no more or less than justice requires. 4 00:00:25,190 --> 00:00:31,230 This inexact process is central to the maintenance of our social compact and 5 00:00:31,230 --> 00:00:34,210 part of the core of the concept of ordered liberty. 6 00:00:34,570 --> 00:00:39,770 This court will impose the mandatory life sentence for the murder of Colleen 7 00:00:39,770 --> 00:00:41,710 Ritzer and set a parole... 8 00:00:41,710 --> 00:01:02,710 Danvers, 9 00:01:02,730 --> 00:01:06,110 Massachusetts. Home to around 27 ,000 people. 10 00:01:06,880 --> 00:01:11,960 Originally known as Salem Village, Danvers has quite a history and is 11 00:01:11,960 --> 00:01:14,100 with various landmarks and tourist hotspots. 12 00:01:16,280 --> 00:01:20,740 It's probably most well known for its association with the 1692 Salem Witch 13 00:01:20,740 --> 00:01:23,720 Trials before the town was renamed Danvers years later. 14 00:01:25,000 --> 00:01:28,780 This particular case begins in Danvers High School in 2013. 15 00:01:31,270 --> 00:01:35,270 24 -year -old Colleen Elizabeth Ritzer had been at Danvers High School for 16 00:01:35,270 --> 00:01:37,130 a year and taught 9th grade algebra. 17 00:01:38,250 --> 00:01:41,470 She was born to Tom and Peggy Ritzer and had two younger siblings. 18 00:01:42,210 --> 00:01:46,450 They all described her as positive and optimistic, with a big heart and a 19 00:01:46,450 --> 00:01:48,150 genuine passion for helping people. 20 00:01:49,230 --> 00:01:53,230 Family was everything to Colleen and people said she cherished every moment 21 00:01:53,230 --> 00:01:54,230 spent with them. 22 00:01:54,590 --> 00:01:57,850 Colleen knew from a young age that teaching was what she had to do. 23 00:01:58,430 --> 00:02:02,250 Her passion for teaching and learning was infectious, and she often started 24 00:02:02,250 --> 00:02:04,470 classes with inspirational quotes or pictures. 25 00:02:05,290 --> 00:02:09,470 She was very active on social media, posting puzzles and games to help her 26 00:02:09,470 --> 00:02:13,270 students learn, and people said she would always find time to help anyone 27 00:02:13,270 --> 00:02:14,350 struggling with their studies. 28 00:02:15,030 --> 00:02:18,810 Many of her students said they didn't even like mathematics until they had 29 00:02:18,810 --> 00:02:22,890 Colleen as a teacher, but her unique style, positive outlook and willingness 30 00:02:22,890 --> 00:02:26,690 help anyone finding things tough meant she quickly proved very popular with 31 00:02:26,690 --> 00:02:27,690 students. 32 00:02:39,989 --> 00:02:43,070 Tuesday, October 22nd, 2013. 33 00:02:43,710 --> 00:02:47,830 As the school day drew to a close and the building started to empty, Colleen 34 00:02:47,830 --> 00:02:49,290 finishing up some bits in her room. 35 00:02:49,630 --> 00:02:54,590 She left her classroom, A209, and briefly spoke to another teacher in the 36 00:02:54,590 --> 00:02:58,210 hallway before heading to the second floor bathroom just before 3pm. 37 00:02:59,250 --> 00:03:03,450 At 6 .30pm that day, a frantic parent filed a missing persons report. 38 00:03:04,730 --> 00:03:08,990 Diana Chisholm's 14 -year -old son was missing and he attended Danvers High 39 00:03:08,990 --> 00:03:09,990 School. 40 00:03:10,790 --> 00:03:14,250 Philip Chisholm was a quiet and reserved teen who had recently moved from 41 00:03:14,250 --> 00:03:16,430 Tennessee with his mother after his parents' divorce. 42 00:03:17,270 --> 00:03:21,070 He excelled in sports but kept to himself where everything else was 43 00:03:21,070 --> 00:03:24,470 and he socialised with few of the other children at his new school. 44 00:03:25,690 --> 00:03:29,710 Mike Chase, the coach from Danvers High School, had also received word that 45 00:03:29,710 --> 00:03:33,210 Philip hadn't turned up to practice and had missed the team meal too. 46 00:03:34,380 --> 00:03:39,220 Three hours later at 9pm, Danvers High School Principal Sue sent a mass email 47 00:03:39,220 --> 00:03:43,080 all school faculty and staff, informing them that their 14 -year -old student 48 00:03:43,080 --> 00:03:44,080 was missing. 49 00:03:45,140 --> 00:03:49,720 Shortly after this email was sent, another math teacher called Sarah phoned 50 00:03:50,460 --> 00:03:54,240 Colleen Ritzer's parents had just contacted her to ask if she had seen 51 00:03:54,240 --> 00:03:56,920 daughter, as Colleen appeared to be missing too. 52 00:03:57,260 --> 00:04:00,940 Colleen lived with her parents and they were expecting her home hours ago. 53 00:04:01,950 --> 00:04:05,070 Colleen's father Tom had already gone looking for his daughter at the school, 54 00:04:05,250 --> 00:04:07,370 but ended up driving home without seeing her. 55 00:04:07,970 --> 00:04:12,630 He noted her car was still in its parking spot, but couldn't find her 56 00:04:12,630 --> 00:04:13,630 school. 57 00:04:13,650 --> 00:04:17,470 Tom said he was so proud of her, and all he wanted to do was tell her how 58 00:04:17,470 --> 00:04:19,350 exciting it was to see her new classroom. 59 00:04:21,269 --> 00:04:24,950 The more time ticked by, the more everyone was starting to worry for both 60 00:04:24,950 --> 00:04:26,110 missing teacher and students. 61 00:04:26,690 --> 00:04:28,690 Danvers High School had been shut for ages. 62 00:04:29,160 --> 00:04:31,760 and there would be no reason for either of them to still be there. 63 00:04:34,060 --> 00:04:38,420 The teacher Sarah also informed Sue that Philip had actually been in Colleen's 64 00:04:38,420 --> 00:04:42,560 last class that day, and it seemed too coincidental that they were now both 65 00:04:42,560 --> 00:04:43,920 missing at the same time. 66 00:04:45,020 --> 00:04:48,880 Sue and a few other teachers went to the school to look for the pair, but they 67 00:04:48,880 --> 00:04:49,880 couldn't see them anywhere. 68 00:04:50,860 --> 00:04:55,020 Colleen's classroom seemed to be just as she'd left it, but they noted all her 69 00:04:55,020 --> 00:04:56,140 belongings were missing. 70 00:04:56,730 --> 00:04:58,830 and her car was still in its spot. 71 00:04:59,490 --> 00:05:04,070 At 11 .20pm, with still no word from their daughter, the anxious Ritzers 72 00:05:04,070 --> 00:05:06,930 officially reported Colleen as missing to the Danvers police. 73 00:05:08,210 --> 00:05:11,850 Detectives quickly had her cell phone provider ping the location of her phone, 74 00:05:11,990 --> 00:05:17,330 and her phone's last known location was around 24 minutes away on foot from 75 00:05:17,330 --> 00:05:18,330 Danvers High School. 76 00:05:19,110 --> 00:05:21,030 They also pinged Philip's phone. 77 00:05:21,410 --> 00:05:25,430 His phone, however, was traced to a nearby cinema, Hollywood Hits Theatre. 78 00:05:26,220 --> 00:05:28,700 But when the police arrived, he was no longer there. 79 00:05:30,220 --> 00:05:33,980 Searches were now underway in and around the school and, to everyone's concern, 80 00:05:34,540 --> 00:05:37,080 Colleen's purse was soon found in the surrounding area. 81 00:05:37,680 --> 00:05:40,700 It was empty and her cards and ID were gone. 82 00:05:41,300 --> 00:05:45,300 A search of the school found red -brown stains on the second -floor bathroom. 83 00:05:47,560 --> 00:05:52,380 At 12 .30am on what was now October 23rd, police were notified that a 84 00:05:52,380 --> 00:05:56,740 was walking alone in the southbound lane on Route 1 North at Salem Lane in 85 00:05:56,740 --> 00:05:57,740 Topsfield. 86 00:05:58,120 --> 00:06:01,680 Topsfield police soon realised it was the missing Philip Chisholm. 87 00:06:02,540 --> 00:06:06,200 The 14 -year -old was patted down and police found a knife on him. 88 00:06:06,760 --> 00:06:10,580 Following this, they took him to Topsfield Police Station where his 89 00:06:10,580 --> 00:06:15,040 searched. It was here that officers found a bloodied box cutter, Killeen's 90 00:06:15,040 --> 00:06:16,820 credit cards and driver's licence. 91 00:06:17,580 --> 00:06:21,760 They also found underwear, which would later be confirmed to be Colleen's too. 92 00:06:23,320 --> 00:06:27,920 Philip told officers he innocently found all the items lying around at a stop 93 00:06:27,920 --> 00:06:30,280 and shop and just decided to pick them up. 94 00:06:30,920 --> 00:06:33,000 He then said he stole them from a car. 95 00:06:33,700 --> 00:06:36,860 So where did the blood on the box cutter come from, officers asked. 96 00:06:37,380 --> 00:06:39,320 The girl, he finally said. 97 00:06:41,540 --> 00:06:45,480 He calmly told police that the woman was in the woods and was beyond help. 98 00:06:46,540 --> 00:06:50,140 Philip was then taken to Danvers Police Station where he later met with his 99 00:06:50,140 --> 00:06:54,540 mother. It was noted that his demeanour then quickly changed and he asked to 100 00:06:54,540 --> 00:06:56,500 talk to officers without his mother present. 101 00:06:57,100 --> 00:06:58,640 He was placed under arrest. 102 00:06:59,300 --> 00:07:03,900 While Philip was being interviewed, at around 3am a couple of hours later, a 103 00:07:03,900 --> 00:07:05,600 devastating discovery was made. 104 00:07:06,300 --> 00:07:09,060 Kalimritz's body was found near the school in the wooded area. 105 00:07:09,500 --> 00:07:12,600 She had been stabbed, strangled and raped. 106 00:07:13,100 --> 00:07:15,020 She was naked from the waist down. 107 00:07:15,400 --> 00:07:18,220 and her top had been pulled up and her bra pulled down. 108 00:07:18,660 --> 00:07:22,520 Next to her body was a handwritten note saying, I hate you all. 109 00:07:23,140 --> 00:07:27,100 She was posed in what was referred to by police as a sexually suggestive 110 00:07:27,100 --> 00:07:31,600 position and had been violated with a tree branch which was still inside her. 111 00:07:31,860 --> 00:07:38,020 About 20 yards from her body was a large recycling bin, some bloody gloves and 112 00:07:38,020 --> 00:07:41,340 clothing. But what had happened that led to this? 113 00:07:44,620 --> 00:07:49,520 The school and surrounding area had over 100 security cameras and police began 114 00:07:49,520 --> 00:07:52,140 the painstaking task of analysing all of them. 115 00:07:52,740 --> 00:07:57,120 The footage on them would soon reveal a horrific and disturbing series of 116 00:07:57,120 --> 00:07:58,120 events. 117 00:07:58,760 --> 00:08:02,880 Another student in Colleen's last class that day recalled that after the lesson 118 00:08:02,880 --> 00:08:05,220 had finished, she saw Philip and Colleen talking. 119 00:08:05,900 --> 00:08:09,380 Colleen had spotted Philip drawing during the class and asked him to stay a 120 00:08:09,380 --> 00:08:12,260 little later to help him do some more prep for an upcoming test. 121 00:08:12,920 --> 00:08:16,120 The student said that while Colleen and Philip were chatting, she mentioned 122 00:08:16,120 --> 00:08:19,620 Tennessee in a passing comment, the state that Philip had left a few months 123 00:08:19,620 --> 00:08:20,620 before. 124 00:08:20,780 --> 00:08:24,800 At the mention of this, he became visibly upset and started muttering to 125 00:08:24,800 --> 00:08:25,799 himself. 126 00:08:25,800 --> 00:08:30,100 As soon as Colleen noticed this, she quickly changed the subject, but it 127 00:08:30,100 --> 00:08:31,100 seem to make a difference. 128 00:08:33,200 --> 00:08:37,000 Shortly after the pair finished talking, Colleen left the classroom, heading for 129 00:08:37,000 --> 00:08:38,000 the second floor bathroom. 130 00:08:38,940 --> 00:08:41,919 A minute later, Philip Chisholm started to follow her. 131 00:08:49,390 --> 00:08:51,690 He put his hood up and put on some gloves. 132 00:08:57,590 --> 00:08:59,790 He walked behind her into the bathroom. 133 00:09:00,830 --> 00:09:06,190 He then strangled her, stabbed her 16 times with a box cutter and raped her. 134 00:09:08,990 --> 00:09:12,530 At 3 .06pm a female student entered the same bathroom. 135 00:09:13,670 --> 00:09:17,610 She told investigators she saw the back of a person who appeared to be changing. 136 00:09:18,240 --> 00:09:21,940 The person's rear was exposed and the clothes were piled on the floor. 137 00:09:22,460 --> 00:09:26,260 Not wanting to disturb whoever it was she thought was changing, she quickly 138 00:09:26,260 --> 00:09:27,260 turned and left. 139 00:09:28,080 --> 00:09:29,800 Philip then left the bathroom. 140 00:09:30,740 --> 00:09:33,860 Over the next few minutes he ran in and out of the school building. 141 00:09:50,760 --> 00:09:54,880 eventually returning to the classroom and fetching his and some of Colleen's 142 00:09:54,880 --> 00:09:55,880 belongings. 143 00:10:06,800 --> 00:10:11,180 He puts on a black ski mask before bumping into another student and taking 144 00:10:11,180 --> 00:10:12,180 mask off. 145 00:10:21,580 --> 00:10:28,120 At 3 .14 he pulled a recycling bin into the bathroom and put Colleen inside it. 146 00:10:41,940 --> 00:10:47,240 He put his black ski mask back on and pulled the bin into a lift before 147 00:10:47,240 --> 00:10:49,060 it out towards the student parking lot. 148 00:10:54,890 --> 00:10:59,390 When he got Colleen into the woods using the bin, he sexually assaulted her with 149 00:10:59,390 --> 00:11:03,730 a three -foot -long tree branch before leaving her body on the ground, 150 00:11:03,730 --> 00:11:06,270 clothed, covered in sticks and leaves. 151 00:11:07,810 --> 00:11:11,970 At 3 .30pm, the mother of another student saw Philip running near the 152 00:11:12,710 --> 00:11:17,210 She relayed this information to the principal at about 6pm that day, around 153 00:11:17,210 --> 00:11:19,290 same time Diana had reported him missing. 154 00:11:20,620 --> 00:11:24,240 Philip then returned to the building about half an hour later with blood on 155 00:11:24,240 --> 00:11:25,860 jeans and without his shoes. 156 00:11:34,400 --> 00:11:35,860 He changed his clothes. 157 00:11:46,960 --> 00:11:49,980 Heading back into the second floor bathroom one more time. 158 00:12:00,490 --> 00:12:04,190 and stayed on site for a while longer, skipping his after -school sports 159 00:12:04,190 --> 00:12:05,190 practice. 160 00:12:06,010 --> 00:12:07,730 He then left the building completely. 161 00:12:11,990 --> 00:12:16,010 He went straight to the cinema and purchased a ticket for a 4 .30pm film 162 00:12:16,010 --> 00:12:21,010 showing. He left at around 6pm, and then used Colleen's credit card at the 163 00:12:21,010 --> 00:12:22,010 nearby Wendy's. 164 00:12:22,750 --> 00:12:26,390 Near the cinema, police later found both Philip and Colleen's smashed phones. 165 00:12:26,910 --> 00:12:29,630 indicating that Philip had destroyed Colleen's phone near the school 166 00:12:29,630 --> 00:12:33,350 surroundings, which is why her phone's last known location was there. 167 00:12:33,870 --> 00:12:38,590 The pathologist said there were two causes of death, asphyxiation and the 16 168 00:12:38,590 --> 00:12:42,490 stab wounds to the neck, three of which hit major blood vessels. 169 00:12:43,070 --> 00:12:47,270 They said it was not possible to say which killed her, but the pathologist 170 00:12:47,270 --> 00:12:51,170 that she believed the asphyxiation happened first because the knife wounds 171 00:12:51,170 --> 00:12:55,010 the neck were so severe it would have been too difficult to strangle her after 172 00:12:55,010 --> 00:12:56,010 stabbing her. 173 00:13:00,540 --> 00:13:04,940 Asphyxia by strangulation as well as the sharp force injuries are both lethal in 174 00:13:04,940 --> 00:13:06,220 their own right and separately. 175 00:13:06,680 --> 00:13:11,320 I couldn't be certain, again, we talked about the sequence with which injuries 176 00:13:11,320 --> 00:13:16,800 occur, I couldn't be certain whether the asphyxia occurred and then the decedent 177 00:13:16,800 --> 00:13:20,220 lived through that episode, therefore I combined them as essentially a hybrid 178 00:13:20,220 --> 00:13:21,220 cause of death. 179 00:13:21,360 --> 00:13:25,440 Medical examiners believe Killeen was likely still alive when Philip dragged 180 00:13:25,440 --> 00:13:26,960 body into the woods behind the school. 181 00:13:27,400 --> 00:13:30,440 and subjected her to the horrific sexual assault with the tree branch. 182 00:13:30,740 --> 00:13:35,300 A professor of psychiatry at Harvard Medical School said cases such as these 183 00:13:35,300 --> 00:13:36,840 were off the charts rare. 184 00:13:37,680 --> 00:13:41,920 I personally have never seen anything like this in the hundreds of cases I've 185 00:13:41,920 --> 00:13:45,300 had and the thousands of cases I've supervised, he said. 186 00:13:47,370 --> 00:13:50,590 We're also working developing news tonight in a shocking high school 187 00:13:50,590 --> 00:13:54,630 this afternoon. A Massachusetts teenager was arraigned on charges that he 188 00:13:54,630 --> 00:13:57,650 robbed, raped, and murdered his high school math teacher. 189 00:13:57,990 --> 00:14:01,350 Eyewitness News anchor Shannon Heggie joins us now live with the developing 190 00:14:01,350 --> 00:14:02,350 details. 191 00:14:02,590 --> 00:14:06,190 Mike, 14 -year -old Philip Chisholm said next to nothing during today's 192 00:14:06,190 --> 00:14:10,030 arraignment except to plead not guilty to murdering 24 -year -old Colleen 193 00:14:10,030 --> 00:14:13,610 Ritzer. We'll take a stretch of this indictment. Guilty or not guilty? 194 00:14:14,190 --> 00:14:15,190 Guilty. 195 00:14:15,790 --> 00:14:19,110 Those were the only words to come out of the mouth of Philip Chisholm at Salem 196 00:14:19,110 --> 00:14:20,110 Superior Court. 197 00:14:20,130 --> 00:14:24,650 The 14 -year -old is charged with murder, aggravated rape, and armed 198 00:14:24,650 --> 00:14:29,330 the October 22nd killing of Danvers High School math teacher Colleen Ritzer. Her 199 00:14:29,330 --> 00:14:33,230 body was discovered in the woods near the school with her throat slit and a 200 00:14:33,230 --> 00:14:35,010 reading, quote, I hate you all. 201 00:14:35,670 --> 00:14:38,170 Prosecutors have not yet released a motive for the killing. 202 00:14:38,530 --> 00:14:42,070 Chisholm was ordered held without bail and is due back in court for a pretrial 203 00:14:42,070 --> 00:14:44,270 hearing on January 30th. 204 00:14:45,450 --> 00:14:49,070 Despite the overwhelming amount of evidence, including Philip's partial 205 00:14:49,070 --> 00:14:51,530 admission, he pled not guilty. 206 00:14:52,050 --> 00:14:57,130 In Massachusetts, anyone 14 years old or above who is charged with murder is 207 00:14:57,130 --> 00:14:58,790 automatically tried as an adult. 208 00:14:59,230 --> 00:15:03,250 Philip was tried as an adult on the murder charge and as a youth offender on 209 00:15:03,250 --> 00:15:05,650 charges of armed robbery and aggravated rape. 210 00:15:05,930 --> 00:15:09,670 While he was awaiting trial, Philip attacked a youth services worker. 211 00:15:10,010 --> 00:15:11,970 He followed her into a locker room. 212 00:15:12,320 --> 00:15:16,340 where he choked and beat her before other workers intervened. The worker 213 00:15:16,340 --> 00:15:21,160 suffered injuries to her face, jaw, neck and back, and Chisholm then faced 214 00:15:21,160 --> 00:15:25,060 further charges and a separate trial for attempted murder in this case. 215 00:15:26,160 --> 00:15:29,920 His trial in Colleen Ritzer's case, however, began in 2015. 216 00:15:31,360 --> 00:15:35,260 Philip's lawyers did not dispute Philip killing Colleen, but argued that it 217 00:15:35,260 --> 00:15:38,520 happened during a psychotic episode that had been triggered by Colleen 218 00:15:38,520 --> 00:15:40,260 mentioning the word Tennessee to him. 219 00:15:41,130 --> 00:15:44,930 On this basis, they asked for the jury to find him not guilty by reason of 220 00:15:44,930 --> 00:15:45,930 insanity. 221 00:15:46,070 --> 00:15:50,470 Defence attorney Denise Reagan said that Philip's family also had a history of 222 00:15:50,470 --> 00:15:54,490 mental health issues and that he likely suffered from them too from an early 223 00:15:54,490 --> 00:15:58,670 age. A psychiatrist that testified for the defence also said that Philip 224 00:15:58,670 --> 00:16:02,830 probably has early -onset schizophrenia and that this also accounted for his 225 00:16:02,830 --> 00:16:03,830 actions. 226 00:16:07,020 --> 00:16:08,920 So what is this case about? 227 00:16:09,140 --> 00:16:12,200 This case is about why did this happen? 228 00:16:12,820 --> 00:16:18,700 Why did a 14 -year -old boy, well -behaved, 229 00:16:18,860 --> 00:16:24,880 quiet, one month into high school, do these terrible things? 230 00:16:26,180 --> 00:16:32,840 The answer is he was severely mentally ill. He had been suffering from a 231 00:16:32,840 --> 00:16:35,980 psychotic disorder since the age of 10. 232 00:16:37,200 --> 00:16:42,820 Now, at the end of the day in 2015, did you reach a diagnosis for Philip 233 00:16:42,820 --> 00:16:46,200 Chisholm? I did. And what was that diagnosis? 234 00:16:46,700 --> 00:16:52,500 I made two diagnoses. One was a depressive state, best described in my 235 00:16:52,500 --> 00:16:57,620 major depressive state, and another was a brief or transient psychotic episode. 236 00:16:58,260 --> 00:17:02,860 Now, in forming your diagnosis, what did you rely on? 237 00:17:03,790 --> 00:17:08,349 I relied on my clinical observations, the observations of the clinical team. 238 00:17:08,690 --> 00:17:15,490 I had available to me two psychological reports done early in the fall. 239 00:17:16,890 --> 00:17:21,770 But a doctor who testified for the prosecution argued that Philip was not 240 00:17:21,770 --> 00:17:24,270 psychotic and that his symptoms were inconsistent. 241 00:17:25,710 --> 00:17:26,890 And Dr. 242 00:17:27,430 --> 00:17:32,550 Heaven, what were the results of Philip Chisholm's MMPI for adolescence? 243 00:17:33,130 --> 00:17:39,810 The results suggested that it was likely invalid because his F minus K 244 00:17:39,810 --> 00:17:46,730 scale was excessively elevated and suggested that he was attempting 245 00:17:46,730 --> 00:17:53,730 to fake bad and to demonstrate that he was severely 246 00:17:53,730 --> 00:17:54,730 mentally ill. 247 00:17:54,850 --> 00:17:58,250 He was attempting to demonstrate that he was severely mentally ill. Is that 248 00:17:58,250 --> 00:17:59,189 correct? Correct. 249 00:17:59,190 --> 00:18:02,070 I interviewed Philip Chisholm. 250 00:18:02,960 --> 00:18:09,680 On a number of occasions between July and October 3rd of this year for a total 251 00:18:09,680 --> 00:18:15,500 of approximately 13 hours, I'm first looking for whether or not there is 252 00:18:15,500 --> 00:18:20,820 evidence of a mental disease or defect as it's understood under the law. 253 00:18:21,740 --> 00:18:26,620 I then look to see whether or not if there was a mental disease or defect, 254 00:18:26,620 --> 00:18:33,060 is evidence that the defendant was substantially impaired in their ability 255 00:18:33,060 --> 00:18:37,600 either appreciate the wrongfulness or criminality of their act or to conform 256 00:18:37,600 --> 00:18:41,040 their conduct to the requirements of law. 257 00:18:41,260 --> 00:18:47,460 So I'm essentially marching through the legal standard, trying to put the 258 00:18:47,460 --> 00:18:50,240 information and evidence that I have into this. 259 00:18:50,940 --> 00:18:52,660 kind of logical progression. 260 00:18:53,300 --> 00:18:57,660 And with respect to whether Philip Chisholm was suffering a mental disease 261 00:18:57,660 --> 00:19:03,680 defect on October 22nd of 2013, did you reach an opinion to a reasonable degree 262 00:19:03,680 --> 00:19:04,760 of psychological certainty? 263 00:19:05,160 --> 00:19:06,420 I did. What was that opinion? 264 00:19:07,560 --> 00:19:12,840 My opinion is that on the date of the alleged offense, Mr. Chisholm was not 265 00:19:12,840 --> 00:19:15,720 suffering from a mental disease or defect. 266 00:19:16,260 --> 00:19:19,620 And did you reach an opinion to a reasonable degree of psychological 267 00:19:20,320 --> 00:19:23,780 as to whether he understood the wrongfulness of his conduct and could 268 00:19:23,780 --> 00:19:25,840 his conduct to the requirements of the law. 269 00:19:27,040 --> 00:19:29,220 I did reach an opinion on that. 270 00:19:29,520 --> 00:19:30,540 What was that opinion? 271 00:19:31,480 --> 00:19:38,060 My opinion was that although Mr. Chisholm at the time may have been 272 00:19:38,060 --> 00:19:41,420 indications of distress or emotional disturbance, 273 00:19:42,330 --> 00:19:47,350 that to the extent to which they were present, they did not substantially 274 00:19:47,350 --> 00:19:53,450 his capacity to distinguish the wrongfulness or criminality of his act 275 00:19:53,450 --> 00:19:58,470 identify that, nor did it substantially impair his ability to conform his 276 00:19:58,470 --> 00:19:59,850 conduct to the requirements of law. 277 00:20:01,890 --> 00:20:05,950 They said that it was obvious that Philip had planned the attack in 278 00:20:05,950 --> 00:20:10,330 he already brought a ski mask, gloves and a box cutter to school that day. 279 00:20:10,730 --> 00:20:14,270 and this was not a psychotic break based on the conversation they had had in the 280 00:20:14,270 --> 00:20:15,270 classroom. 281 00:20:17,450 --> 00:20:20,950 Philip's defence lawyers also fought hard for him to be acquitted of the 282 00:20:20,950 --> 00:20:21,950 assault in the woods. 283 00:20:22,510 --> 00:20:26,670 They disagreed with medical examiners, saying that they thought Colleen had 284 00:20:26,670 --> 00:20:30,690 already died by the time the assault with the tree branch happened, meaning 285 00:20:30,690 --> 00:20:34,030 Philip should be acquitted of that part of the crime on that basis alone. 286 00:20:35,750 --> 00:20:42,000 I told you at the beginning of this case, It's not in question who did these 287 00:20:42,000 --> 00:20:43,000 terrible acts. 288 00:20:44,220 --> 00:20:46,520 And the evidence has borne me out. 289 00:20:47,540 --> 00:20:54,460 The defense acknowledges the enormity of this task and thanks you for 290 00:20:54,460 --> 00:20:55,800 your commitment to this. 291 00:20:56,160 --> 00:21:01,740 The evidence is clear that Philip Chisholm has suffered from a psychotic 292 00:21:01,740 --> 00:21:07,040 disorder, most likely early -onset schizophrenia, from the time he was 293 00:21:07,820 --> 00:21:09,760 Now, what's the evidence of that? 294 00:21:09,980 --> 00:21:15,540 Well, first you have the testimony of three experienced psychiatrists. Ladies 295 00:21:15,540 --> 00:21:22,020 and gentlemen, the terrible, horrible event of October 22, 2013 didn't unfold 296 00:21:22,020 --> 00:21:23,020 a screen capture. 297 00:21:23,120 --> 00:21:25,600 They didn't unfold in a still image. 298 00:21:25,840 --> 00:21:31,740 They happened in real time, in real life, in a place, at a time. 299 00:21:32,510 --> 00:21:36,770 at Danvers High School in the middle of what should have been a normal day in 300 00:21:36,770 --> 00:21:38,350 the middle of the afternoon. 301 00:21:39,270 --> 00:21:44,410 And make no mistake, they didn't happen to Philip Chisholm. 302 00:21:45,050 --> 00:21:51,910 He did these terrible things to Colleen Ritzer, and she was only 24 303 00:21:51,910 --> 00:21:52,910 years old. 304 00:21:53,210 --> 00:22:00,110 And the only still image that matters in this case is the image of 305 00:22:00,110 --> 00:22:01,370 Colleen in the woods. 306 00:22:03,280 --> 00:22:09,340 The image that the defendant painted of Colleen, strict, battered, 307 00:22:09,340 --> 00:22:11,220 brutalized and violated. 308 00:22:14,020 --> 00:22:17,520 Life sentences without parole for juveniles have been found to be 309 00:22:17,520 --> 00:22:18,940 unconstitutional in Massachusetts. 310 00:22:19,540 --> 00:22:23,200 And, under separate decisions made by the U .S. Supreme Court and the 311 00:22:23,200 --> 00:22:27,080 Massachusetts Supreme Judicial Court, Philip could not be sentenced to life 312 00:22:27,080 --> 00:22:29,220 without the possibility of parole for murder. 313 00:22:32,590 --> 00:22:37,170 When something terrible happens, people will often say it could always be worse. 314 00:22:37,690 --> 00:22:43,450 It is difficult for this court to imagine what could be worse for an 315 00:22:43,450 --> 00:22:48,650 or a family to endure than the brutal and senseless murder of Colleen Ritzer. 316 00:22:49,970 --> 00:22:52,930 Colleen Ritzer lived a life of quiet heroism. 317 00:22:53,390 --> 00:22:55,170 That's what most teachers do. 318 00:22:55,850 --> 00:23:00,310 Henry Adams observed that a teacher affects eternity. 319 00:23:00,990 --> 00:23:04,090 She can never tell where her influence starts. 320 00:23:05,050 --> 00:23:09,770 Colleen Richer's parents, more than most, have learned the reach of their 321 00:23:09,770 --> 00:23:14,190 daughter's influence, but at a cost no parent should have to endure. 322 00:23:14,430 --> 00:23:20,490 While the extent or lack of extent of the defendant's mental health was the 323 00:23:20,490 --> 00:23:25,410 subject of exhaustive testimony at trial, the Commonwealth presented 324 00:23:25,410 --> 00:23:28,990 overwhelming evidence that the defendant had substantial capacity. 325 00:23:29,920 --> 00:23:34,980 to appreciate the wrongfulness of his conduct and have the substantial 326 00:23:34,980 --> 00:23:40,800 to conform his conduct to the requirements of the law. I will punish 327 00:23:40,800 --> 00:23:45,760 defendant for the murder of Colleen Ritzer and I will punish him for the 328 00:23:45,760 --> 00:23:49,860 well as the armed robbery of the underpants she put on in the morning of 329 00:23:49,860 --> 00:23:56,320 death. But I may not utilize the horrific rape and robbery of Colleen 330 00:23:56,320 --> 00:23:58,880 punish the defendant for this unspeakable murder. 331 00:23:59,320 --> 00:24:00,360 more than the law allows. 332 00:24:01,480 --> 00:24:06,560 This court will impose the mandatory life sentence for the murder of Colleen 333 00:24:06,560 --> 00:24:12,880 Ritzer and set a parole eligibility date of 25 years, the highest level our law 334 00:24:12,880 --> 00:24:13,880 allows. 335 00:24:14,040 --> 00:24:19,580 This court will impose a concurrent sentence of 40 years to 40 years and one 336 00:24:19,580 --> 00:24:25,480 for the rape of Colleen Ritzer and a concurrent sentence of 40 years to 40 337 00:24:25,480 --> 00:24:28,020 and one day for the armed robbery. 338 00:24:29,230 --> 00:24:33,950 In imposing a sentence for the rape at a date in excess of the parole 339 00:24:33,950 --> 00:24:40,530 eligibility date for the murder, the court is not suggesting 340 00:24:40,530 --> 00:24:47,090 that the rape, as heinous as it was, was more egregious than the murder. 341 00:24:47,790 --> 00:24:54,550 Rather, this court is constitutionally obligated to set a parole date no more 342 00:24:54,550 --> 00:24:56,550 than 25 years for her murder. 343 00:24:57,480 --> 00:25:03,280 While Colleen Rich's rape and murder were inextricably intertwined, this 344 00:25:03,280 --> 00:25:07,980 may not punish the defendant with more prison time for the rape than justice 345 00:25:07,980 --> 00:25:13,860 demands for the purposes of avoiding constitutional limitations imposed by 346 00:25:13,860 --> 00:25:19,420 Massachusetts Declaration of Rights as interpreted by a Supreme Judicial Court 347 00:25:19,420 --> 00:25:22,180 for the murder committed by a juvenile. 348 00:25:22,640 --> 00:25:24,040 Sentence may be imposed. 349 00:25:27,020 --> 00:25:30,920 Ultimately, the jury rejected the insanity defence that Philip Chisholm's 350 00:25:30,920 --> 00:25:33,140 lawyers had put forward and found him guilty. 351 00:25:33,420 --> 00:25:38,700 Because the judge also imposed concurrent sentences of 40 years for 352 00:25:38,700 --> 00:25:42,440 years for armed robbery, this means he will not actually be able to apply for 353 00:25:42,440 --> 00:25:44,540 parole until he is in his 50s. 354 00:25:44,860 --> 00:25:49,060 Philip was, however, acquitted of the second count of rape committed using the 355 00:25:49,060 --> 00:25:50,060 tree branch in the woods. 356 00:25:50,640 --> 00:25:55,530 During the 10 hours of deliberations, This was the only question juries had 357 00:25:55,530 --> 00:25:57,250 had to ask the judge to clarify this. 358 00:25:57,910 --> 00:26:01,970 Defence attorneys argued that Colleen was dead when she was in the woods and 359 00:26:01,970 --> 00:26:03,970 when Chisholm violated her with the branch. 360 00:26:04,270 --> 00:26:08,650 A medical examiner said they couldn't say with certainty that she had died by 361 00:26:08,650 --> 00:26:09,650 this point. 362 00:26:09,910 --> 00:26:14,030 Jurors ultimately believed she was no longer alive at this point and 363 00:26:14,030 --> 00:26:17,810 Massachusetts law requires a live victim to convict someone of rape. 364 00:26:18,550 --> 00:26:19,730 Unlike other states, 365 00:26:20,530 --> 00:26:23,330 Massachusetts doesn't have a law against abuse of a corpse. 366 00:26:24,390 --> 00:26:28,210 Philip Chisholm was placed in a state juvenile detention facility and will 367 00:26:28,210 --> 00:26:29,590 there until he turns 21. 368 00:26:30,190 --> 00:26:32,090 He will then be sent to a state prison. 369 00:26:35,310 --> 00:26:39,210 This high school math teacher will be back in court this morning. The 16 -year 370 00:26:39,210 --> 00:26:42,890 -old is facing attempted murder charges for attacking a youth worker while he 371 00:26:42,890 --> 00:26:46,450 was awaiting trial. Fox 25's Michael Henrich, live outside Juvenile Court in 372 00:26:46,450 --> 00:26:48,770 downtown Boston with more on the story for us. Good morning, Michael. 373 00:26:49,960 --> 00:26:53,160 Good morning. This is the first time we'll see Philip Chisholm since that 374 00:26:53,160 --> 00:26:58,680 verdict in the trial, the murder trial, regarding victim Colleen Ritzer. This 375 00:26:58,680 --> 00:27:03,600 court hearing is happening here at Suffolk County Juvenile Court on that 376 00:27:03,600 --> 00:27:07,400 attempted murder charge that he tried to kill a Department of Youth Services 377 00:27:07,400 --> 00:27:10,100 worker in Dorchester while awaiting trial. 378 00:27:11,800 --> 00:27:14,720 Philip's mother reached out to the Ritzer family and said... 379 00:27:15,320 --> 00:27:19,300 Words can't express the amount of pain and sorrow these past two and a half 380 00:27:19,300 --> 00:27:20,300 years have been. 381 00:27:20,740 --> 00:27:24,360 However, there is no one who has suffered more than the Ritzer family. 382 00:27:24,860 --> 00:27:30,280 My utmost esteem, prayers and humble respect is with them today as they 383 00:27:30,280 --> 00:27:31,280 their journey to heal. 384 00:27:32,840 --> 00:27:37,440 Tom Ritzer said, It makes me sick to know that I walked the same halls as her 385 00:27:37,440 --> 00:27:42,040 killer. It makes me sick to know I drove by her in the woods and drove home. 386 00:27:51,560 --> 00:27:55,900 Peggy said she often has to stay isolated from people because pretending 387 00:27:55,900 --> 00:27:57,200 happy is so difficult. 388 00:27:59,380 --> 00:28:03,740 Colleen Ritzer loved nothing more than inspiring and supporting people, 389 00:28:03,740 --> 00:28:05,440 them and helping them to learn and grow. 390 00:28:06,320 --> 00:28:09,920 The difference Colleen made to so many people's lives was clear by the 391 00:28:09,920 --> 00:28:12,480 outpouring of heartfelt messages following her passing. 392 00:28:13,620 --> 00:28:18,440 Over 1 ,000 people turned out to pay their respects at Colleen's funeral and 393 00:28:18,440 --> 00:28:22,820 hundreds of students and teachers participated in numerous vigils and 394 00:28:22,820 --> 00:28:24,800 community events to celebrate her life. 395 00:28:26,660 --> 00:28:30,920 Her family established the Colleen E. Ritzer Memorial Scholarship in her 396 00:28:31,390 --> 00:28:37,910 which, since October 2013, has awarded over $370 ,000 in college scholarships 397 00:28:37,910 --> 00:28:39,370 82 future teachers. 398 00:28:40,110 --> 00:28:43,950 One of Colleen's friends also started the Kindness for Colleen campaign. 399 00:28:44,850 --> 00:28:49,890 This encourages everyone to perform random acts of kindness on October 22nd 400 00:28:49,890 --> 00:28:51,670 year and share them on social media. 401 00:28:52,230 --> 00:28:58,590 A beautiful and fitting tribute for the kind, positive and compassionate Colleen 402 00:28:58,590 --> 00:28:59,590 Ritzer. 37204

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