All language subtitles for Episode 03 Sex, Lies and Crimes

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These are the user uploaded subtitles that are being translated: 1 00:00:00,830 --> 00:00:02,500 Courthouses are supposed to be places 2 00:00:02,600 --> 00:00:04,180 of calm and dignity, 3 00:00:04,270 --> 00:00:07,770 where order is maintained and justice is served. 4 00:00:07,850 --> 00:00:11,320 But often when stakes and emotions are at their highest, 5 00:00:11,410 --> 00:00:13,720 cool heads don't always prevail. 6 00:00:20,180 --> 00:00:21,480 Coming up... 7 00:00:23,950 --> 00:00:27,270 ...a belligerent defendant threatens a judge's life... 8 00:00:29,490 --> 00:00:30,870 ...and a scandalous affair 9 00:00:30,960 --> 00:00:33,180 between a tutor and her teenage student 10 00:00:33,260 --> 00:00:34,240 plays out in court. 11 00:00:34,350 --> 00:00:36,100 He forced me to have sex with him. 12 00:00:38,800 --> 00:00:40,880 All the jaw-dropping moments... 13 00:00:40,970 --> 00:00:42,300 He runs out of the courtroom, 14 00:00:42,390 --> 00:00:44,890 does an electric slide over the banister. 15 00:00:44,970 --> 00:00:46,610 Plus insights from our team 16 00:00:46,730 --> 00:00:48,760 of crime and legal experts... 17 00:00:48,860 --> 00:00:51,030 There's one great way to increase your sentence -- 18 00:00:51,110 --> 00:00:52,780 that's to curse at the judge. 19 00:00:52,900 --> 00:00:55,730 ...on "chaos in court." 20 00:01:01,820 --> 00:01:04,210 In a ground rapids, Michigan, courtroom, 21 00:01:04,310 --> 00:01:06,390 a forbidden and salacious affair 22 00:01:06,500 --> 00:01:08,430 has led to criminal charges. 23 00:01:08,530 --> 00:01:11,050 Rendel Abigail Simon is 35 years old. 24 00:01:11,130 --> 00:01:15,750 She is a former tutor from catholic central high school. 25 00:01:17,310 --> 00:01:21,120 Miss Simon is on trial for an alleged affair 26 00:01:21,230 --> 00:01:24,090 with a 15-year-old that she used to tutor. 27 00:01:25,510 --> 00:01:27,400 After an 11-day trial, 28 00:01:27,480 --> 00:01:30,230 the defendant anxiously awaits the verdict. 29 00:01:30,320 --> 00:01:32,440 Right behind the defendant is her mother, 30 00:01:32,520 --> 00:01:36,360 other family members, and they are so tense. 31 00:01:36,440 --> 00:01:38,860 They -- they are not sure what's gonna happen here. 32 00:01:38,940 --> 00:01:41,330 They're hoping for the best, but it could be the worst. 33 00:01:42,950 --> 00:01:46,670 Two years earlier, in the fall of 2012, Simon, 34 00:01:46,790 --> 00:01:51,040 then 33, was assigned to help a 15-year-old star athlete get 35 00:01:51,120 --> 00:01:52,320 his grades up. 36 00:01:52,420 --> 00:01:55,210 Abigail Simon began tutoring this young man. 37 00:01:55,310 --> 00:01:59,480 He was applying to colleges, looking for scholarships. 38 00:01:59,570 --> 00:02:01,950 She was a very attractive young woman, 39 00:02:02,070 --> 00:02:04,900 and he was a young guy, and... 40 00:02:06,620 --> 00:02:08,820 Things started to develop. 41 00:02:11,240 --> 00:02:14,060 In spring of 2013, 42 00:02:14,160 --> 00:02:17,110 seems like mom found on her son's phone 43 00:02:17,220 --> 00:02:20,800 some racy photos of Ms. Simon in lingerie, 44 00:02:20,900 --> 00:02:24,920 also some -- some texts that were totally inappropriate. 45 00:02:25,010 --> 00:02:27,620 The boy's mother discovers thousands of 46 00:02:27,730 --> 00:02:28,840 lurid messages between 47 00:02:28,930 --> 00:02:32,060 Simon and her son over a three-month period. 48 00:02:32,150 --> 00:02:34,460 She was appalled, and she immediately brought 49 00:02:34,570 --> 00:02:36,730 the phone to the attention of the catholic 50 00:02:36,820 --> 00:02:38,520 central authorities, 51 00:02:38,600 --> 00:02:41,300 and they did the right thing. 52 00:02:41,410 --> 00:02:43,990 School officials immediately contact 53 00:02:44,110 --> 00:02:46,240 the grand rapids police department. 54 00:02:46,330 --> 00:02:49,900 They send a detective to question the boy first. 55 00:02:50,000 --> 00:02:51,060 So at first, he lied. 56 00:02:51,170 --> 00:02:53,030 He flat-out lied and said there was no relationship. 57 00:02:53,140 --> 00:02:56,450 But, of course, the phone showed that they had 58 00:02:56,540 --> 00:02:57,840 a relationship. 59 00:02:59,880 --> 00:03:03,590 Then he told them that well, he was the aggressor. 60 00:03:03,680 --> 00:03:09,520 He was the person responsible, and she was an innocent victim. 61 00:03:09,640 --> 00:03:12,340 He was truly in love with his tutor, 62 00:03:12,440 --> 00:03:14,020 and he was protecting. 63 00:03:14,140 --> 00:03:16,840 No matter how this -- this young man felt, 64 00:03:16,940 --> 00:03:21,280 the bottom line is, it is illegal for a woman of her age 65 00:03:21,360 --> 00:03:23,700 to have sex with a minor. 66 00:03:23,820 --> 00:03:24,730 That's it. 67 00:03:24,820 --> 00:03:26,230 The police then confront 68 00:03:26,320 --> 00:03:28,450 Abigail Simon with the text messages. 69 00:03:28,540 --> 00:03:30,820 Ladies and gentlemen, she is a tutor 70 00:03:30,910 --> 00:03:32,360 at a catholic high school, 71 00:03:32,460 --> 00:03:36,490 and when asked by detectives if she had sexual relations 72 00:03:36,580 --> 00:03:38,550 with this minor child, 73 00:03:38,660 --> 00:03:43,750 she said, "I don't know what your definition of sex is." 74 00:03:43,840 --> 00:03:46,800 Dawson: So the police do not buy her story at all. 75 00:03:46,890 --> 00:03:48,670 She's arrested, and she is charged 76 00:03:48,760 --> 00:03:51,880 with multiple counts of criminal sexual misconduct. 77 00:03:51,980 --> 00:03:54,650 Assistant prosecutor Helen brinkman 78 00:03:54,730 --> 00:03:56,560 is assigned to the case and faces 79 00:03:56,680 --> 00:04:00,680 the unusual scenario where the aggressor is a woman. 80 00:04:00,770 --> 00:04:03,420 It is difficult, I think, 81 00:04:03,520 --> 00:04:07,520 especially for males to see males as a victim. 82 00:04:07,610 --> 00:04:10,610 After a five-month investigation, the prosecution 83 00:04:10,700 --> 00:04:13,050 decides to offer a generous deal to Simon 84 00:04:13,170 --> 00:04:14,900 in lieu of going to trial, 85 00:04:15,000 --> 00:04:17,400 something that would spare both herself and the teen 86 00:04:17,500 --> 00:04:18,590 public scrutiny. 87 00:04:18,700 --> 00:04:20,840 Abigail Simon is offered a plea deal 88 00:04:20,920 --> 00:04:23,210 that puts her in prison for one year. 89 00:04:23,290 --> 00:04:26,790 She could do decades if she goes to trial and loses, 90 00:04:26,880 --> 00:04:28,910 but for some reason, she feels motivated 91 00:04:29,010 --> 00:04:30,750 to -- to roll the dice. 92 00:04:30,850 --> 00:04:34,220 Abigail's background is that her family is 93 00:04:34,300 --> 00:04:35,520 full of attorneys, 94 00:04:35,600 --> 00:04:38,920 and they hire a very solid defense team. 95 00:04:39,020 --> 00:04:42,090 Those who feel they're bigger than the system will 96 00:04:42,190 --> 00:04:46,110 oftentimes deny that plea and take their chances at court. 97 00:04:46,230 --> 00:04:48,200 A year and a half later, 98 00:04:48,280 --> 00:04:52,400 on November 12, 2014, Abigail Simon goes to trial. 99 00:04:52,490 --> 00:04:54,450 The prosecution's key evidence, 100 00:04:54,570 --> 00:04:58,740 the graphic text messages, are laid out for all to see. 101 00:05:03,750 --> 00:05:05,330 Assistant prosecutor brinkman 102 00:05:05,420 --> 00:05:08,670 questions the victim, who is now 17 years old. 103 00:05:13,090 --> 00:05:16,590 Whereas when he is initially spoken to by law enforcement, 104 00:05:16,680 --> 00:05:19,680 he describes himself as the aggressor. 105 00:05:19,770 --> 00:05:20,980 When he takes the stand, 106 00:05:21,100 --> 00:05:23,480 he gives a very different version of events. 107 00:05:31,610 --> 00:05:32,860 So... 108 00:05:34,250 --> 00:05:36,080 Um... 109 00:05:43,120 --> 00:05:45,290 Some of these requests from her, 110 00:05:45,370 --> 00:05:47,870 he had no idea what she was talking about. 111 00:05:47,960 --> 00:05:50,090 He had never done these things before, 112 00:05:50,180 --> 00:05:51,760 and he was a little confused. 113 00:05:51,850 --> 00:05:54,830 After more than a week of testimony and evidence, 114 00:05:54,930 --> 00:05:56,770 it's Abigail Simon's turn 115 00:05:56,850 --> 00:05:59,300 to speak in her own defense. 116 00:05:59,390 --> 00:06:04,220 Why did you tell detective lowry that you didn't have sex? 117 00:06:04,310 --> 00:06:05,840 Because I didn't. 118 00:06:05,940 --> 00:06:08,510 Can you elaborate to the jury what that means? 119 00:06:08,610 --> 00:06:11,950 I didn't engage in sex with him. 120 00:06:12,030 --> 00:06:14,030 Well, what happened? 121 00:06:14,150 --> 00:06:15,820 He forced me to have sex with him. 122 00:06:20,740 --> 00:06:22,860 - Was it against your will? -Yes. 123 00:06:22,960 --> 00:06:26,660 So first she takes this young boy 124 00:06:26,750 --> 00:06:29,750 and seduces him and has sex with him, underage. 125 00:06:29,840 --> 00:06:32,700 And then she turns around 126 00:06:32,810 --> 00:06:35,090 and makes him a rapist 127 00:06:35,170 --> 00:06:39,260 in front of the jury and the court and on national TV. 128 00:06:39,340 --> 00:06:42,880 You can't point to one time where you said no, can you? 129 00:06:42,980 --> 00:06:45,550 -In any... -Those texts kept him at bay. 130 00:06:45,650 --> 00:06:47,100 Those texts kept him away from me. 131 00:06:47,200 --> 00:06:49,320 They kept me from getting assaulted that night. 132 00:06:49,410 --> 00:06:53,070 Everything that happened, I was doing to appease him, 133 00:06:53,190 --> 00:06:56,990 because if I didn't, then he would be violent. 134 00:06:57,080 --> 00:06:58,060 He would hurt me. 135 00:06:58,150 --> 00:07:00,900 So he raped me and then kept me as a prisoner, 136 00:07:01,000 --> 00:07:04,200 and that's why these text messages sounds so salacious. 137 00:07:04,290 --> 00:07:06,400 I had to do that to appease him. 138 00:07:06,510 --> 00:07:11,510 So for her to play the victim and expect US to assume, believe 139 00:07:11,590 --> 00:07:16,410 that somehow she was raped by this young man is offensive, 140 00:07:16,520 --> 00:07:17,960 to me. 141 00:07:18,050 --> 00:07:21,380 I dubbed this case the theater of the absurd. 142 00:07:21,470 --> 00:07:25,270 It's like trying a case in 143 00:07:25,390 --> 00:07:27,760 opposite world, bizarro land. 144 00:07:27,860 --> 00:07:30,980 I mean, everything was completely opposite of what 145 00:07:31,060 --> 00:07:32,900 they were proposing. 146 00:07:32,980 --> 00:07:34,530 He was told it doesn't matter. 147 00:07:34,620 --> 00:07:36,280 He was told it wasn't his fault. 148 00:07:36,400 --> 00:07:38,120 He was told he was never gonna get in trouble. 149 00:07:38,240 --> 00:07:40,570 Like, I don't get -- I really don't get it. 150 00:07:40,660 --> 00:07:42,370 Whitmore: These crocodile tears -- 151 00:07:42,460 --> 00:07:46,630 are they consistent with someone who feels 152 00:07:46,750 --> 00:07:48,160 they're going to spend the next 10 years in jail, 153 00:07:48,250 --> 00:07:49,380 and it's that fear? 154 00:07:49,470 --> 00:07:52,120 Or is it the sadness that she is actually a rape victim? 155 00:07:52,220 --> 00:07:54,580 Simon's testimony on the stand has some 156 00:07:54,670 --> 00:07:57,470 convinced that she truly could be the victim. 157 00:07:57,590 --> 00:07:59,310 Dorsey: Well, we know that you just need to convince 158 00:07:59,420 --> 00:08:00,670 one juror, right? 159 00:08:00,760 --> 00:08:03,460 Reasonable doubt is something that can be easily accomplished 160 00:08:03,560 --> 00:08:05,010 if you can convince one juror, 161 00:08:05,100 --> 00:08:07,230 and I believe that Abigail thought that she could do 162 00:08:07,320 --> 00:08:08,350 just that. 163 00:08:08,430 --> 00:08:10,780 After 11 days, the case goes to the jury, 164 00:08:10,890 --> 00:08:13,570 and while evidence seems stacked against Simon, 165 00:08:13,660 --> 00:08:16,610 deliberations go on for nine hours. 166 00:08:16,690 --> 00:08:20,980 I worried about, you know, a pretty young tutor, 167 00:08:21,080 --> 00:08:22,660 crying on the stand and saying 168 00:08:22,780 --> 00:08:24,650 she's the victim -- that's gonna get to people. 169 00:08:24,750 --> 00:08:26,380 It really is. 170 00:08:26,490 --> 00:08:29,070 On November 26, 2014, 171 00:08:29,170 --> 00:08:31,670 the jury finally has a verdict. 172 00:08:31,790 --> 00:08:36,590 Now in the courtroom, there's a calm before the storm. 173 00:08:36,680 --> 00:08:38,550 Dawson: Her family's behind her. 174 00:08:38,630 --> 00:08:40,130 They're hugging, they're embracing. 175 00:08:40,220 --> 00:08:42,350 Everyone's ready. It's tense. 176 00:08:42,470 --> 00:08:45,500 Will the teacher be found guilty of 177 00:08:45,600 --> 00:08:47,000 having illegal contact 178 00:08:47,110 --> 00:08:50,340 and criminal sexual conduct with a 15-year-old boy? 179 00:08:50,440 --> 00:08:54,190 You can tell that it's still kind of up in the air. 180 00:08:54,310 --> 00:08:55,360 In this case, I don't think 181 00:08:55,480 --> 00:08:57,060 anybody has a clue what's gonna happen. 182 00:08:58,370 --> 00:09:00,480 On the charge of criminal sexual conduct, 183 00:09:00,570 --> 00:09:02,120 first degree, 184 00:09:02,200 --> 00:09:04,540 we find -- we the jury, find the defendant, 185 00:09:04,660 --> 00:09:05,870 Abigail Simon, guilty. 186 00:09:05,990 --> 00:09:07,690 No! 187 00:09:07,790 --> 00:09:09,040 My god! 188 00:09:09,160 --> 00:09:11,800 My god! 189 00:09:13,920 --> 00:09:16,280 Did they finally realize that their sister, 190 00:09:16,390 --> 00:09:18,550 their daughter, had lied to them? 191 00:09:18,670 --> 00:09:20,040 And at the time of the verdict, 192 00:09:20,140 --> 00:09:23,470 when the verdict came in, for that type of reaction, 193 00:09:23,560 --> 00:09:25,430 particularly from her mother? 194 00:09:25,510 --> 00:09:26,890 Abigail Simon, guilty. 195 00:09:27,010 --> 00:09:30,480 No! My god! 196 00:09:30,570 --> 00:09:34,270 There are no words. I was repulsed by it. 197 00:09:34,350 --> 00:09:36,850 I was disgusted by it. 198 00:09:36,940 --> 00:09:39,690 Judge: As to count four? 199 00:09:39,780 --> 00:09:41,610 Wo on the charge of criminal sexual conduct... 200 00:09:41,690 --> 00:09:45,750 I couldn't, in any way, justify that reaction. 201 00:09:45,860 --> 00:09:49,400 I think the family reacted the way 202 00:09:49,500 --> 00:09:52,500 any family member would be expected to react. 203 00:09:52,590 --> 00:09:54,500 No one wants to think the worst of their child, 204 00:09:54,590 --> 00:09:56,040 no matter the age. 205 00:09:56,120 --> 00:09:58,340 Simon's defense might have worked if 206 00:09:58,430 --> 00:10:00,580 it hadn't been for the text messages. 207 00:10:00,680 --> 00:10:03,080 Abigail Simon was shocked. 208 00:10:03,180 --> 00:10:06,770 Abigail Simon's family was shocked, 209 00:10:06,870 --> 00:10:08,840 but you know who wasn't shocked 210 00:10:08,940 --> 00:10:13,460 and who felt that this was justice? 211 00:10:13,560 --> 00:10:15,710 That child's mother. 212 00:10:15,810 --> 00:10:18,610 Abby was offered plea bargains to avoid a trial, 213 00:10:18,710 --> 00:10:22,600 but instead decided to make up this incredible story. 214 00:10:25,050 --> 00:10:27,290 She decided she was to be the victim. 215 00:10:29,360 --> 00:10:32,110 During sentencing two months later, 216 00:10:32,210 --> 00:10:34,080 there's more drama in the courtroom. 217 00:10:36,670 --> 00:10:39,580 Abigail Simon collapses twice and throws 218 00:10:39,670 --> 00:10:41,500 herself on the mercy of the court. 219 00:10:49,260 --> 00:10:52,130 Abigail Simon takes the Liberty to, again, 220 00:10:52,230 --> 00:10:55,350 show absolutely no remorse 221 00:10:55,430 --> 00:10:57,130 for what occurred with this 15-year-old child. 222 00:10:57,240 --> 00:10:59,470 It felt like I was drowning, 223 00:10:59,570 --> 00:11:01,860 and I'm so sorry that I wasn't strong enough to get 224 00:11:01,940 --> 00:11:04,810 away from him and save both of US from all of this. 225 00:11:04,910 --> 00:11:07,660 Even after the verdict, even as she's giving 226 00:11:07,780 --> 00:11:08,700 her impact statement, 227 00:11:08,780 --> 00:11:10,780 she was still blaming the victim. 228 00:11:11,780 --> 00:11:14,280 From the judge's perspective, 229 00:11:14,390 --> 00:11:16,540 if you're not accepting guilt, 230 00:11:16,640 --> 00:11:19,070 you're not accepting your actions, 231 00:11:19,170 --> 00:11:22,510 and so why should I be lenient on what I give you for 232 00:11:22,630 --> 00:11:23,460 a sentence? 233 00:11:23,550 --> 00:11:25,050 She is very immature, and that is 234 00:11:25,130 --> 00:11:27,500 exactly the nature of this kind of crime. 235 00:11:27,600 --> 00:11:30,270 What other 33-year-old woman has sex with 236 00:11:30,350 --> 00:11:34,850 a 15-year-old except someone that is so insecure? 237 00:11:34,970 --> 00:11:36,690 Abigail Simon is sentenced 238 00:11:36,810 --> 00:11:38,780 to 8 to 25 years in prison. 239 00:11:40,280 --> 00:11:41,980 Rendel she will be required to serve, 240 00:11:42,060 --> 00:11:44,610 at the minimum, eight years incarceration. 241 00:11:44,700 --> 00:11:48,150 She also will have to register as a sex offender, 242 00:11:48,240 --> 00:11:51,570 where she will be permanently on a registry and have to wear 243 00:11:51,660 --> 00:11:54,320 an ankle monitor for the rest of her life. 244 00:11:54,410 --> 00:11:56,690 Dawson: That ankle bracelet for the rest of her life -- 245 00:11:56,800 --> 00:12:01,160 that is really extreme, but it depends on the jurisdiction in 246 00:12:01,250 --> 00:12:03,630 which the crime was committed, and, unfortunately, 247 00:12:03,720 --> 00:12:06,970 where she lives, that is an appropriate sentence. 248 00:12:07,060 --> 00:12:09,390 Though the boy was never named or photographed 249 00:12:09,490 --> 00:12:10,560 during the trial, 250 00:12:10,660 --> 00:12:13,630 his identity was common knowledge in grand rapids. 251 00:12:13,730 --> 00:12:15,230 The thing that makes me the most upset is 252 00:12:15,350 --> 00:12:17,680 this kid had everything going for him, everything. 253 00:12:17,770 --> 00:12:19,880 And he lost it all. 254 00:12:19,990 --> 00:12:24,440 Everybody at school knew, and he was not 255 00:12:24,520 --> 00:12:26,490 getting scholarships now. 256 00:12:26,580 --> 00:12:29,890 A teacher having a sexual relationship with 257 00:12:30,000 --> 00:12:31,890 their student -- it's not the fantasy 258 00:12:32,000 --> 00:12:34,060 it's cracked up to be, 259 00:12:34,170 --> 00:12:35,500 especially in the age of... 260 00:12:37,000 --> 00:12:38,950 Digital information. 261 00:12:39,040 --> 00:12:42,070 Abigail Simon thought she was going to walk 262 00:12:42,170 --> 00:12:43,960 out of court that day, 263 00:12:44,040 --> 00:12:49,050 and she denied the one-year plea deal 264 00:12:49,130 --> 00:12:50,710 because she couldn't see herself 265 00:12:50,800 --> 00:12:53,100 spending one year in prison. 266 00:12:53,220 --> 00:12:54,550 Wo Simon, guilty. 267 00:12:54,640 --> 00:12:58,470 My god! My god. 268 00:12:58,560 --> 00:13:00,890 Coming up, a family's heartbreak 269 00:13:00,980 --> 00:13:02,680 after a young father snaps. 270 00:13:02,780 --> 00:13:05,750 He was not telling the truth 271 00:13:05,850 --> 00:13:09,080 about what had happened to his 11-week-old child. 272 00:13:20,330 --> 00:13:22,350 At the Gibson county courthouse 273 00:13:22,450 --> 00:13:23,910 in Princeton, Indiana, 274 00:13:24,020 --> 00:13:26,770 23-year-old kwin boes has just been sentenced 275 00:13:26,870 --> 00:13:28,200 for a tragic killing. 276 00:13:29,300 --> 00:13:32,270 He is a 23-year-old fast food worker. 277 00:13:32,370 --> 00:13:34,870 Kwin boes has a criminal history, 278 00:13:34,980 --> 00:13:38,790 but it's mostly consisted of petty crimes. 279 00:13:38,900 --> 00:13:40,310 Rendel kwin is a new father. 280 00:13:40,430 --> 00:13:44,470 He and his girlfriend, jayme hartley, have just had 281 00:13:44,570 --> 00:13:47,990 a baby named Parker hartley, 282 00:13:48,110 --> 00:13:51,740 and Parker is 11 weeks old. 283 00:13:51,830 --> 00:13:54,910 The morning of may 3, 2018, 284 00:13:55,000 --> 00:13:57,580 kwin has just finished a night shift. 285 00:13:57,670 --> 00:14:00,480 Jayme has two children from another relationship. 286 00:14:00,590 --> 00:14:03,420 On this particular day, kwin comes home from work, 287 00:14:03,510 --> 00:14:06,540 but jayme has to take the children to school, so she 288 00:14:06,630 --> 00:14:09,460 does that while he stays home with the 11-week-old child. 289 00:14:09,540 --> 00:14:14,010 20 minutes after she leaves the home, 290 00:14:14,130 --> 00:14:17,680 kwin boes calls her in a panic. 291 00:14:17,800 --> 00:14:19,300 He is crying. 292 00:14:19,390 --> 00:14:22,670 He is screaming. He is scared. 293 00:14:22,770 --> 00:14:27,190 He is stating that the child was non-responsive. 294 00:14:28,610 --> 00:14:32,120 Kwin tells jayme that he put little Parker down for 295 00:14:32,200 --> 00:14:33,370 a nap on a pillow, 296 00:14:33,490 --> 00:14:38,020 and when he came back to check on the baby, he was crying 297 00:14:38,120 --> 00:14:41,070 and had rolled off onto the floor. 298 00:14:41,160 --> 00:14:44,240 Little Parker is rushed to the hospital, 299 00:14:44,330 --> 00:14:46,250 and for three days, he survives, 300 00:14:46,350 --> 00:14:47,960 but ultimately, he passes. 301 00:14:48,050 --> 00:14:52,970 And the cause of death made it clear that kwin boes was not 302 00:14:53,050 --> 00:14:55,720 telling the truth about what 303 00:14:55,840 --> 00:14:58,170 had happened to his 11-week-old child. 304 00:14:59,590 --> 00:15:01,340 The autopsy evidence -- 305 00:15:01,430 --> 00:15:02,980 severe hemorrhaging of the brain, 306 00:15:03,060 --> 00:15:04,850 bruising to the eyes, 307 00:15:04,930 --> 00:15:08,270 ligature of the neck, and bruising on the inner thigh. 308 00:15:08,350 --> 00:15:13,870 This baby suffered some pretty horrific, aggressive wounds. 309 00:15:13,990 --> 00:15:16,990 Dorsey: What could happen that would make anyone 310 00:15:17,080 --> 00:15:19,400 attack, strangle, 311 00:15:19,500 --> 00:15:22,120 and cause those kinds of injuries to a helpless, 312 00:15:22,200 --> 00:15:24,620 defenseless three-month-old child? 313 00:15:24,700 --> 00:15:27,250 I would imagine that the baby was doing what, you know, 314 00:15:27,370 --> 00:15:30,590 three-month-old babies do, which is cry incessantly. 315 00:15:30,710 --> 00:15:33,930 I would just have to assume 316 00:15:34,050 --> 00:15:36,760 that he snapped. 317 00:15:36,880 --> 00:15:40,180 Kwin boes is charged with aggravated battery 318 00:15:40,270 --> 00:15:42,520 and failure to take care of a dependent child. 319 00:15:42,600 --> 00:15:44,390 These charges -- he's looking at up to 320 00:15:44,470 --> 00:15:47,860 40 years in prison -- prior to trial, 321 00:15:47,940 --> 00:15:50,310 they offer a deal to kwin. 322 00:15:50,400 --> 00:15:53,200 They call it a charge bargain there, which is basically 323 00:15:53,280 --> 00:15:55,400 a plea deal, and they're saying to him, "hey, 324 00:15:55,480 --> 00:15:58,420 "take this deal, and you'll get 25, 325 00:15:58,520 --> 00:16:00,090 but you'll serve at least 17." 326 00:16:00,190 --> 00:16:02,690 So kwin takes the deal. 327 00:16:02,790 --> 00:16:05,190 Families never want to hear about a plea deal unless that 328 00:16:05,290 --> 00:16:07,390 plea deal is to the maximum charge 329 00:16:07,500 --> 00:16:08,960 with the maximum jail time. 330 00:16:09,060 --> 00:16:11,880 So whenever you're looking at a situation where somebody may 331 00:16:11,970 --> 00:16:14,300 deal their way to a lesser jail time, 332 00:16:14,420 --> 00:16:16,470 the family will not be satisfied. 333 00:16:16,590 --> 00:16:18,500 And, in fact, it's not even about satisfaction. 334 00:16:18,590 --> 00:16:21,090 It's about the family's heart being ripped out. 335 00:16:21,180 --> 00:16:22,930 On July 3, 2019, 336 00:16:23,010 --> 00:16:25,800 kwin boes receives his sentence at the courthouse. 337 00:16:25,900 --> 00:16:29,020 When this defendant steps out into the hallway, 338 00:16:29,120 --> 00:16:31,480 again, looking kind of beat, like a dog, 339 00:16:31,590 --> 00:16:32,820 he's resigned to his fate. 340 00:16:32,920 --> 00:16:34,720 He shuffles along, and he doesn't get 341 00:16:34,820 --> 00:16:37,420 more than a couple of steps before... 342 00:16:37,530 --> 00:16:38,660 Boom! 343 00:16:40,780 --> 00:16:44,700 Out of nowhere, pow, he gets hit right in the kisser. 344 00:16:44,800 --> 00:16:46,400 It's kind of like a Superman punch. 345 00:16:46,500 --> 00:16:47,730 He goes flying through the air 346 00:16:47,840 --> 00:16:50,120 and just sucker punches him, takes him out. 347 00:16:50,220 --> 00:16:52,670 Rendel Matt hartley was the uncle 348 00:16:52,790 --> 00:16:57,260 of little Parker, and he had been so enraged by 349 00:16:57,350 --> 00:17:01,680 what kwin boes had done to this little baby boy, 350 00:17:01,800 --> 00:17:03,930 he felt he couldn't control himself. 351 00:17:06,520 --> 00:17:08,440 The uncle, Matt hartley, he's taken to the ground. 352 00:17:08,520 --> 00:17:09,770 He's handcuffed. 353 00:17:09,860 --> 00:17:12,060 Court security detain the uncle 354 00:17:12,140 --> 00:17:14,980 and bring him out of the area and arrest him. 355 00:17:17,400 --> 00:17:22,170 Normally, after a plea in which the plea was accepted, 356 00:17:22,270 --> 00:17:27,540 the defendant goes out back and is always separated from 357 00:17:27,660 --> 00:17:29,990 the victim and the victim's family. 358 00:17:30,080 --> 00:17:32,610 Bove: They should have security in front of the defendant 359 00:17:32,710 --> 00:17:34,110 and behind the defendant, 360 00:17:34,220 --> 00:17:36,580 as well as areas where the public 361 00:17:36,670 --> 00:17:38,380 cannot get at the defendant. 362 00:17:38,500 --> 00:17:40,340 So that's where the problem lies, 363 00:17:40,420 --> 00:17:43,210 and that's why we had this chaos in the court. 364 00:17:43,310 --> 00:17:45,680 Ultimately, the uncle had his own problems now. 365 00:17:45,760 --> 00:17:48,880 He's charged with contempt. He's charged with battery. 366 00:17:48,980 --> 00:17:50,930 The judge sentences Matt hartley 367 00:17:51,020 --> 00:17:54,180 to 179 days in jail. 368 00:17:54,270 --> 00:17:56,850 Rendel hartley eventually apologized, 369 00:17:56,940 --> 00:18:00,020 expressed remorse for his behavior, and indicated that it 370 00:18:00,110 --> 00:18:02,220 didn't solve anything and that 371 00:18:02,330 --> 00:18:05,700 his actions would not bring back baby Parker. 372 00:18:05,780 --> 00:18:08,530 But the one person hartley won't apologize to 373 00:18:08,620 --> 00:18:09,620 is kwin boes, 374 00:18:09,700 --> 00:18:12,790 now serving 19 years with the Indiana department 375 00:18:12,870 --> 00:18:14,200 of corrections. 376 00:18:14,290 --> 00:18:17,540 Whitmore: I think most people would understand that 377 00:18:17,630 --> 00:18:21,260 the uncle's behavior and actions were justified based 378 00:18:21,360 --> 00:18:24,550 on the fact that his little nephew Parker is now dead at 379 00:18:24,630 --> 00:18:25,720 the hands of boes. 380 00:18:25,800 --> 00:18:27,250 People will have outbursts. 381 00:18:27,350 --> 00:18:29,250 People are gonna respond emotionally. 382 00:18:29,350 --> 00:18:31,100 And so I understand why the judge 383 00:18:31,220 --> 00:18:34,190 gave the uncle 179 days in county jail. 384 00:18:34,280 --> 00:18:37,730 You have to set a standard and expectations in your courtroom. 385 00:18:44,900 --> 00:18:48,960 In Cleveland, Ohio, 42-year-old David chislton is 386 00:18:49,060 --> 00:18:52,580 about to learn his fate at the cuyahoga county courthouse. 387 00:18:52,660 --> 00:18:56,110 He's awaiting sentencing in court after pleading guilty 388 00:18:56,210 --> 00:18:58,000 to aggravated arson, 389 00:18:58,080 --> 00:19:01,380 felonious assault, and domestic violence charges. 390 00:19:01,470 --> 00:19:04,470 It all begins on April 10, 2017, 391 00:19:04,570 --> 00:19:06,810 when chislton's girlfriend accuses him of 392 00:19:06,930 --> 00:19:08,760 molesting her 15-year-old daughter. 393 00:19:08,840 --> 00:19:11,560 So the young daughter disclosed to the mother 394 00:19:11,650 --> 00:19:15,310 that Mr. Chislton was touching her inappropriately. 395 00:19:15,430 --> 00:19:19,690 The mother confronted chislton and then called the police. 396 00:19:21,020 --> 00:19:23,770 While the lights and sirens were coming down the road, 397 00:19:23,860 --> 00:19:26,990 chislton allegedly pistol-whipped both of them. 398 00:19:27,110 --> 00:19:30,330 When the police arrived, he had barricaded himself 399 00:19:30,450 --> 00:19:32,980 inside the apartment with a gun. 400 00:19:33,080 --> 00:19:36,340 His girlfriend escapes, but a SWAT team 401 00:19:36,450 --> 00:19:39,010 has to force chislton out of the apartment. 402 00:19:39,120 --> 00:19:42,710 And as the SWAT team attempted to get him out, 403 00:19:42,790 --> 00:19:44,130 he set a fire 404 00:19:44,960 --> 00:19:47,430 inside of the apartment, causing damage to 405 00:19:47,520 --> 00:19:50,380 over 20 units inside of his building. 406 00:19:50,470 --> 00:19:53,750 Public defender Aaron brockler 407 00:19:53,860 --> 00:19:55,890 is assigned to defend chislton. 408 00:19:55,970 --> 00:19:59,310 He qualified for free council, so that's how I got on the case. 409 00:19:59,410 --> 00:20:01,280 He had an extensive criminal history that 410 00:20:01,380 --> 00:20:03,260 he had all these repeat violent offenses. 411 00:20:03,360 --> 00:20:06,180 Chislton also faces a long list of charges, 412 00:20:06,280 --> 00:20:07,350 including rape, 413 00:20:07,450 --> 00:20:10,520 corruption of a minor, and individual arson charges 414 00:20:10,620 --> 00:20:12,620 for each apartment destroyed. 415 00:20:12,710 --> 00:20:14,690 Dorsey: As a result of those numerous charges, 416 00:20:14,790 --> 00:20:17,410 he was facing significant prison time. 417 00:20:18,800 --> 00:20:21,050 I understand exactly why the defendant is concerned, 418 00:20:21,170 --> 00:20:23,670 because any time you go to prison, and you've been accused 419 00:20:23,750 --> 00:20:26,720 or convicted of being a sexual abuser of a child, 420 00:20:26,840 --> 00:20:30,170 you run the very real risk of being a victim yourself in jail 421 00:20:30,260 --> 00:20:32,210 of either being assaulted, 422 00:20:32,310 --> 00:20:35,980 possibly being raped, and/or being killed, 423 00:20:36,060 --> 00:20:38,310 brockler says he negotiates a plea deal 424 00:20:38,400 --> 00:20:42,240 that could lead to a sentence of anywhere from 9 to 100 years. 425 00:20:42,350 --> 00:20:44,600 Repeat violent offender specifications 426 00:20:44,690 --> 00:20:46,770 add 10 to 25 each of those counts. 427 00:20:46,860 --> 00:20:48,990 Then you have the felonious assaults and arsons, 428 00:20:49,080 --> 00:20:51,880 so everything just stacks up. 429 00:20:51,980 --> 00:20:54,450 With the volume of charges that he was facing, 430 00:20:54,530 --> 00:20:56,330 he knew that there was -- you know, prison time 431 00:20:56,420 --> 00:20:59,750 was a virtual certainty, so what we constructed was 432 00:20:59,870 --> 00:21:02,340 a range of felonious assaults and arsons, 433 00:21:02,420 --> 00:21:04,940 and with a floor of nine years, I told him, 434 00:21:05,040 --> 00:21:06,260 "I'll ask for the minimum, 435 00:21:06,360 --> 00:21:08,560 "they'll ask for the maximum, and it will probably come out 436 00:21:08,660 --> 00:21:09,630 right in the middle." 437 00:21:11,270 --> 00:21:12,930 When you tell a defendant that 438 00:21:13,030 --> 00:21:15,430 the range starts at nine years, 439 00:21:15,540 --> 00:21:17,040 the rest is "wah wah wah wah wah wah wah." 440 00:21:17,140 --> 00:21:18,970 They don't hear anything. 441 00:21:19,070 --> 00:21:21,690 Nine -- that's all they hear, and that's all they want 442 00:21:21,790 --> 00:21:23,640 to hear -- the chances of him actually 443 00:21:23,750 --> 00:21:27,480 getting nine years is basically zero. 444 00:21:27,580 --> 00:21:29,280 As chislton stands next to 445 00:21:29,400 --> 00:21:31,120 his attorney, Aaron brockler, 446 00:21:31,240 --> 00:21:35,120 awaiting sentencing, the deputies are wearing body cams. 447 00:21:35,240 --> 00:21:36,340 To have an officer wearing 448 00:21:36,440 --> 00:21:39,290 a body camera in the courtroom is unusual. 449 00:21:39,390 --> 00:21:42,460 Usually you see that more with cops that are on the street. 450 00:21:42,560 --> 00:21:44,960 Dawson: These deputies are in charge of bringing up 451 00:21:45,070 --> 00:21:47,000 the defendants from jail, 452 00:21:47,100 --> 00:21:49,500 so they need to have the record of what happened from 453 00:21:49,600 --> 00:21:52,090 the moment they began to interact with the defendant 454 00:21:52,190 --> 00:21:54,640 who's in custody all the way until he gets into 455 00:21:54,740 --> 00:21:55,980 the courtroom. 456 00:21:56,090 --> 00:21:58,440 And this defendant knows what the judge decides is 457 00:21:58,550 --> 00:22:00,460 going to change the course of his life forever. 458 00:22:00,570 --> 00:22:02,650 Whitmore: And you can just sense the tension in 459 00:22:02,770 --> 00:22:05,850 his body that something was about to happen. 460 00:22:13,310 --> 00:22:16,350 42-year-old David chislton has taken a plea deal 461 00:22:16,450 --> 00:22:19,080 and is about to be sentenced for felonious assault 462 00:22:19,200 --> 00:22:20,330 and arson. 463 00:22:20,420 --> 00:22:23,070 He's standing at the podium with his defense attorney. 464 00:22:23,170 --> 00:22:26,720 He's handcuffed in front, and he is handed down 465 00:22:26,820 --> 00:22:27,870 his sentence. 466 00:22:27,960 --> 00:22:29,710 Chislton hopes for the minimum sentence 467 00:22:29,790 --> 00:22:31,910 of nine years that his attorney requested. 468 00:22:32,010 --> 00:22:34,350 But as the judge instead handsome a sentence of 469 00:22:34,430 --> 00:22:37,970 47 years, the body camera audio hasn't kicked in yet. 470 00:22:38,050 --> 00:22:41,800 Chislton hears the judge's sentence, and it takes a beat 471 00:22:41,890 --> 00:22:43,110 to sink in. 472 00:22:44,810 --> 00:22:47,890 He gives his attorney a double-handed 473 00:22:47,980 --> 00:22:49,780 ax chop to the head. 474 00:22:49,900 --> 00:22:52,480 When the deputy lunges towards chislton, 475 00:22:52,570 --> 00:22:55,530 the motion activates the audio on the body camera. 476 00:22:55,620 --> 00:22:59,210 Some deputies' audio doesn't tap in until they press 477 00:22:59,290 --> 00:23:02,240 a button or they make certain movements. 478 00:23:02,330 --> 00:23:04,410 And this officer with the body cam 479 00:23:04,500 --> 00:23:08,780 and many others charge to take over the defendant. 480 00:23:08,880 --> 00:23:11,750 There's a big pile on -- in the middle of the courtroom. 481 00:23:16,310 --> 00:23:20,060 The deputy talking to David is a way of kind of 482 00:23:20,160 --> 00:23:22,750 de-escalating -- I feel like the guard is kind of 483 00:23:22,850 --> 00:23:23,950 letting him know, dude, 484 00:23:24,050 --> 00:23:25,510 I understand, you're going to prison for a long time, 485 00:23:25,620 --> 00:23:26,450 and you're not happy, 486 00:23:26,550 --> 00:23:28,020 but I need you to knock this off. 487 00:23:28,120 --> 00:23:29,490 Bove: The court security 488 00:23:29,590 --> 00:23:31,890 then starts giving the defendant orders 489 00:23:31,990 --> 00:23:32,890 that they were going to 490 00:23:32,990 --> 00:23:34,770 uncuff him from the front and place 491 00:23:34,860 --> 00:23:36,780 his hands and cuff him from behind. 492 00:23:41,950 --> 00:23:46,290 The defendant, surprisingly, complies to their orders. 493 00:23:49,870 --> 00:23:52,170 Meanwhile, Aaron brockler is just 494 00:23:52,290 --> 00:23:54,090 coming to on the courtroom floor. 495 00:23:54,180 --> 00:23:55,630 I just, you know, got sucker punched. 496 00:23:55,710 --> 00:23:57,660 It just totally caught me by surprise. 497 00:23:57,770 --> 00:24:00,220 I kinda just remember, you know, 498 00:24:00,320 --> 00:24:02,800 regaining consciousness underneath the trial table. 499 00:24:03,720 --> 00:24:05,020 Brockler: Thank you, yeah. 500 00:24:06,720 --> 00:24:08,340 Security: Are you sure? 501 00:24:08,440 --> 00:24:10,730 Brockler: I had a broken nose and a concussion. 502 00:24:10,810 --> 00:24:14,130 When I fell, I hurt my knee and my hip. 503 00:24:16,400 --> 00:24:20,820 A man that needed SWAT to take him into custody 504 00:24:20,910 --> 00:24:25,740 would have absolutely needed a deputy closer to him 505 00:24:25,830 --> 00:24:27,240 during his sentencing. 506 00:24:27,330 --> 00:24:30,530 Chislton is hauled off to jail. 507 00:24:30,630 --> 00:24:32,580 Brockler believes the defendant should 508 00:24:32,670 --> 00:24:34,920 also have been better restrained. 509 00:24:35,000 --> 00:24:36,840 Typical procedure was that they have to 510 00:24:36,920 --> 00:24:39,540 be either restrained in the back or there -- 511 00:24:39,640 --> 00:24:42,420 there's gotta be a waist shackle connecting them to the front. 512 00:24:42,510 --> 00:24:44,930 If you have a violent offender in the courtroom, 513 00:24:45,010 --> 00:24:47,060 you want his handcuffs to the back. 514 00:24:47,180 --> 00:24:49,930 But, in this case, the deputy decided to cuff him in 515 00:24:50,020 --> 00:24:53,020 the front -- obviously, that was not the best call, 516 00:24:53,100 --> 00:24:56,820 because that created the opportunity for Mr. Chislton 517 00:24:56,910 --> 00:24:59,330 to sucker punch his attorney. 518 00:24:59,410 --> 00:25:01,110 Fortunately, there were enough deputies in 519 00:25:01,200 --> 00:25:04,330 the courtroom to squash this little riot. 520 00:25:04,420 --> 00:25:06,780 Chislton later admits he punched brockler 521 00:25:06,870 --> 00:25:08,880 because he was upset about his sentence, 522 00:25:09,000 --> 00:25:11,240 but he never apologizes to him. 523 00:25:11,340 --> 00:25:13,240 It's normal that attorneys get blamed. 524 00:25:13,340 --> 00:25:15,070 In fact, attorneys get blamed for 525 00:25:15,180 --> 00:25:17,260 everything that doesn't go right in court. 526 00:25:17,380 --> 00:25:19,260 This whole incident was sad all the way around, 527 00:25:19,380 --> 00:25:21,080 because I had a great relationship with the client, 528 00:25:21,180 --> 00:25:23,180 did everything he asked me to do. 529 00:25:23,270 --> 00:25:25,720 Dawson: So ultimately, for attacking his attorney, 530 00:25:25,800 --> 00:25:27,550 he's charged with felonious assault. 531 00:25:27,640 --> 00:25:29,810 Chislton's new court-appointed attorney 532 00:25:29,890 --> 00:25:31,590 manages to get him acquitted 533 00:25:31,690 --> 00:25:34,140 because the injuries to brockler are not serious. 534 00:25:34,230 --> 00:25:35,950 The way the whole thing went down 535 00:25:36,060 --> 00:25:38,110 is not good for criminal defense attorneys. 536 00:25:38,230 --> 00:25:39,730 You know, when you don't get your way, 537 00:25:39,820 --> 00:25:42,370 you just attack your attorney, it's -- and it's no big deal. 538 00:25:43,620 --> 00:25:45,740 Dawson: So though we can blame attorneys all day long, 539 00:25:45,820 --> 00:25:47,910 you still can't punch 'em when you're in the courtroom. 540 00:25:57,590 --> 00:26:00,120 36-year-old Alan mccarty Jr. is 541 00:26:00,220 --> 00:26:02,840 entering the courtroom of judge Matt foxman. 542 00:26:02,920 --> 00:26:04,720 He's on trial for the serious 543 00:26:04,810 --> 00:26:07,180 charge of threatening a public official. 544 00:26:07,280 --> 00:26:10,850 If found guilty, he faces up to 40 years in prison. 545 00:26:11,850 --> 00:26:13,480 Mccarty is in court today because of 546 00:26:13,600 --> 00:26:15,020 the threats he made to another judge, 547 00:26:15,100 --> 00:26:16,800 a judge named stasia Warren. 548 00:26:16,900 --> 00:26:20,270 In late 2017, judge stasia Warren 549 00:26:20,360 --> 00:26:22,520 presided over a child custody hearing 550 00:26:22,610 --> 00:26:25,490 involving Alan mccarty in family court. 551 00:26:25,610 --> 00:26:27,580 Mr. Mccarty was denied custody 552 00:26:27,670 --> 00:26:29,670 and became furious with judge Warren. 553 00:26:29,780 --> 00:26:33,620 Judge Warren had presided over many of 554 00:26:33,700 --> 00:26:37,040 mr mccarty's hearings for the custody battle. 555 00:26:37,120 --> 00:26:40,090 Judge Warren never took custody away from 556 00:26:40,190 --> 00:26:42,900 Mr. Mccarty, because he never had custody. 557 00:26:42,960 --> 00:26:45,380 Alan mccarty has a criminal record that spans 558 00:26:45,470 --> 00:26:46,550 over three states, 559 00:26:46,630 --> 00:26:49,520 including charges of domestic violence, kidnapping, 560 00:26:49,640 --> 00:26:50,850 indecent exposure, 561 00:26:50,970 --> 00:26:53,110 cocaine possession, and disorderly conduct. 562 00:26:53,190 --> 00:26:55,540 He was in judge Warren's court for threatening 563 00:26:55,640 --> 00:26:58,510 his children and violating a no contact order. 564 00:26:58,610 --> 00:27:00,950 Rendel Alan mccarty Jr. is very unhappy 565 00:27:01,050 --> 00:27:02,650 with judge stasia Warren. 566 00:27:02,730 --> 00:27:05,130 For whatever reason, he blames her, 567 00:27:05,240 --> 00:27:07,170 and he's furious with her. 568 00:27:07,270 --> 00:27:10,010 On September 29, 2017, 569 00:27:10,110 --> 00:27:13,810 mccarty calls 911 and threatens judge Warren. 570 00:27:28,140 --> 00:27:30,430 He is going to commit a crime. 571 00:27:30,510 --> 00:27:32,340 And he tells the dispatcher to 572 00:27:32,430 --> 00:27:35,430 get this judge out into the parking lot 573 00:27:35,520 --> 00:27:37,320 so he can execute her. 574 00:27:52,830 --> 00:27:55,070 He's belligerent. He's cursing. 575 00:27:55,170 --> 00:27:58,090 He's, not making sense at all. 576 00:27:58,210 --> 00:28:00,620 Someone who does this is just out of their mind. 577 00:28:00,710 --> 00:28:03,290 Do they really think that they're gonna present the judge 578 00:28:03,380 --> 00:28:05,960 to him so he can follow through with his wishes? 579 00:28:06,050 --> 00:28:09,300 Mccarty hangs up, but soon, another dispatcher 580 00:28:09,380 --> 00:28:11,500 gets a call and then another. 581 00:28:32,910 --> 00:28:36,110 He called 911 not once, twice, three times, 582 00:28:36,210 --> 00:28:37,410 but four times. 583 00:28:37,500 --> 00:28:39,600 In the 911 tape, 584 00:28:39,710 --> 00:28:42,110 Mr. Mccarty never stated his name, 585 00:28:42,220 --> 00:28:46,120 so they had to do some investigation to try to find 586 00:28:46,220 --> 00:28:49,220 who was threatening the life of judge Warren. 587 00:28:49,310 --> 00:28:51,140 Whitmore: Eventually, they were able to locate him, 588 00:28:51,260 --> 00:28:54,090 track him down, and charge him for threatening 589 00:28:54,180 --> 00:28:55,460 a public official. 590 00:28:55,560 --> 00:28:57,600 He was placed in jail with no bond 591 00:28:57,700 --> 00:29:00,730 and was there for 12 months before his trial. 592 00:29:00,840 --> 00:29:03,740 This is typical with people that 593 00:29:03,820 --> 00:29:07,940 have shown their ability to threaten witnesses. 594 00:29:10,750 --> 00:29:14,000 So in 2018, the trial begins, 595 00:29:14,120 --> 00:29:15,810 and it's not in front of judge Warren. 596 00:29:15,920 --> 00:29:18,620 Obviously, judge Warren was the victim in the case. 597 00:29:18,700 --> 00:29:21,920 Instead, it's in front of a new judge. 598 00:29:22,020 --> 00:29:25,610 And Mr. Mccarty isn't happy with judge foxman either. 599 00:29:25,710 --> 00:29:26,840 Fox all right, raise your right hand. 600 00:29:26,940 --> 00:29:28,380 I'm gonna swear you in. 601 00:29:28,480 --> 00:29:30,610 -I'm not under oath! - And flipping 602 00:29:30,710 --> 00:29:32,820 the bird is just a warning sign. 603 00:29:32,920 --> 00:29:36,190 Mccarty is about to take his threats to another level. 604 00:29:36,290 --> 00:29:38,690 You wanna take my kids from me 605 00:29:38,790 --> 00:29:41,960 and act like that? You and that. 606 00:29:47,380 --> 00:29:49,720 36-year-old Alan mccarty is 607 00:29:49,800 --> 00:29:52,080 on trial for threatening a public official. 608 00:29:52,190 --> 00:29:56,760 He made multiple 911 calls in 2017 saying he wanted to kill 609 00:29:56,860 --> 00:29:59,060 a female judge that he mistakenly believes 610 00:29:59,140 --> 00:30:00,640 took his children away from him. 611 00:30:00,730 --> 00:30:02,230 -I'm not under oath. -Fox all right, 612 00:30:02,310 --> 00:30:04,600 raise your right hand, let US swear you in. 613 00:30:04,700 --> 00:30:06,320 -Do you solemnly swear... -I'm not under oath. 614 00:30:06,400 --> 00:30:08,950 In court, mccarty refuses to wear a suit 615 00:30:09,070 --> 00:30:12,320 and tie or to cooperate with his court-appointed attorney. 616 00:30:12,410 --> 00:30:16,120 So he remains in his orange jumpsuit in full shackles. 617 00:30:16,230 --> 00:30:18,560 Security had to make sure that they were 618 00:30:18,660 --> 00:30:21,500 prepared for anything that was going to happen. 619 00:30:21,600 --> 00:30:23,930 Brought your dress today you little. 620 00:30:24,030 --> 00:30:26,540 You wanna take my kids from me 621 00:30:26,640 --> 00:30:28,340 and act like that? 622 00:30:28,440 --> 00:30:30,310 You and that. 623 00:30:30,410 --> 00:30:34,340 Alan mccarty Jr is upset with the legal system -- in his mind, 624 00:30:34,450 --> 00:30:37,250 he believes that basically every judge is his enemy, 625 00:30:37,350 --> 00:30:38,750 and he continues to think that 626 00:30:38,850 --> 00:30:41,480 judges are trying to ruin his life, 627 00:30:41,590 --> 00:30:43,920 take away custody of his children, and just cause him 628 00:30:44,020 --> 00:30:45,150 a world of trouble. 629 00:30:45,260 --> 00:30:46,690 Do you want to be here or not? 630 00:30:46,790 --> 00:30:50,060 No, I don't -- this is all being done unconstitutionally, 631 00:30:50,160 --> 00:30:51,160 unrightfully. 632 00:30:51,260 --> 00:30:53,100 You ain't allowing my evidence. 633 00:30:53,200 --> 00:30:55,500 You ain't allowing my people. 634 00:30:55,600 --> 00:30:56,830 Fox we haven't started the trial yet. 635 00:30:56,930 --> 00:30:58,000 It doesn't matter! 636 00:30:58,100 --> 00:31:00,970 You still denying. -Fox denying what? 637 00:31:01,070 --> 00:31:03,810 Mccarty, like a lot of defendants in jumpsuits, 638 00:31:03,910 --> 00:31:05,210 is quite the legal scholar. 639 00:31:05,310 --> 00:31:07,840 He says that what's happening is unconstitutional, 640 00:31:07,950 --> 00:31:09,510 his attorney's screwing things up, 641 00:31:09,610 --> 00:31:11,080 the judge is messing things up. 642 00:31:11,180 --> 00:31:12,780 Everybody is against Mr. Mccarty. 643 00:31:12,880 --> 00:31:16,420 Every right I supposedly have, you've violated. 644 00:31:16,520 --> 00:31:18,290 Can I get some water, please? 645 00:31:19,290 --> 00:31:20,620 I got a lot more cussin' to do, 646 00:31:20,720 --> 00:31:22,590 and I need my throat wet right now. 647 00:31:22,690 --> 00:31:25,430 Judge foxman handled the situation as best as 648 00:31:25,530 --> 00:31:28,760 he could -- he had a sense of calm, even though mccarty was 649 00:31:28,870 --> 00:31:30,070 very irate. 650 00:31:30,170 --> 00:31:32,230 He actually maintained a sort of control and demeanor of, 651 00:31:32,340 --> 00:31:35,300 I've heard it, I've been down this road before. 652 00:31:35,410 --> 00:31:36,910 Mccarty, in court this day, 653 00:31:37,010 --> 00:31:38,810 has already threatened to kill one judge. 654 00:31:38,910 --> 00:31:40,960 Now he's in front of another judge. 655 00:31:41,050 --> 00:31:45,410 Lots of deputies handy, because this guy is dangerous. 656 00:31:45,500 --> 00:31:47,700 Whitmore: It comes to a point that the judge had 657 00:31:47,800 --> 00:31:50,720 no other choice but to remove mccarty from the courtroom. 658 00:31:50,840 --> 00:31:52,550 Take all my paperwork so I can't 659 00:31:52,670 --> 00:31:54,010 show these people. 660 00:31:54,090 --> 00:31:56,480 Dawson: The judge had him taken to a holding cell 661 00:31:56,560 --> 00:31:59,600 where he could be heard, but he couldn't be seen, 662 00:31:59,680 --> 00:32:01,980 and the judge was probably hoping that would give him 663 00:32:02,070 --> 00:32:05,020 the opportunity to calm down, but it didn't. 664 00:32:05,100 --> 00:32:08,220 Mccarty is placed behind this two-way mirror, 665 00:32:08,320 --> 00:32:10,590 but the room is not soundproofed. 666 00:32:16,650 --> 00:32:19,720 Mute is not one of the settings on this guy. 667 00:32:19,820 --> 00:32:22,280 Mccarty: You chose to do this, sir! 668 00:32:22,390 --> 00:32:25,650 He's still so loud you can hear him through the glass in 669 00:32:25,760 --> 00:32:29,020 the observation room, still disrupting this hearing. 670 00:32:29,130 --> 00:32:31,560 But he's chosen... 671 00:32:31,660 --> 00:32:33,930 Whitmore: Imagine what the jurors were thinking. 672 00:32:34,030 --> 00:32:36,830 I know innocent until proven guilty, 673 00:32:36,930 --> 00:32:38,530 but when you hear and see the behavior of such, 674 00:32:38,640 --> 00:32:39,900 it's really difficult, 675 00:32:40,000 --> 00:32:42,440 I would think, to keep an unbiased opinion. 676 00:32:42,540 --> 00:32:44,870 After closing arguments, 677 00:32:44,980 --> 00:32:47,380 the jury deliberates for just 30 minutes 678 00:32:47,480 --> 00:32:50,250 before convicting Alan mccarty for threats against 679 00:32:50,350 --> 00:32:51,580 a public official. 680 00:32:51,680 --> 00:32:54,450 Judge foxman sentences him to 20 years 681 00:32:54,550 --> 00:32:56,720 for his threats against judge Warren. 682 00:32:56,820 --> 00:33:00,220 Dawson: That judge got his point across and had the last word. 683 00:33:08,220 --> 00:33:11,170 In Spanish fork, Utah, 35-year-old 684 00:33:11,250 --> 00:33:12,950 Christopher Clay rudd is waiting 685 00:33:13,050 --> 00:33:15,800 his turn at an arraignment hearing. 686 00:33:15,910 --> 00:33:20,590 Christopher Clay rudd is having a bad day, 687 00:33:20,680 --> 00:33:24,510 because he failed to appear to his court-ordered 688 00:33:24,600 --> 00:33:26,230 treatment program. 689 00:33:26,320 --> 00:33:29,400 Rudd already has a long history of addiction, 690 00:33:29,490 --> 00:33:31,850 as well as a record for petty crimes, 691 00:33:31,940 --> 00:33:34,340 including theft, weapons possession, 692 00:33:34,440 --> 00:33:36,640 and various drug-related charges. 693 00:33:36,740 --> 00:33:39,160 Rudd is sitting here in the jury box. 694 00:33:39,280 --> 00:33:42,530 How court is typically set up for a hearing such as this is 695 00:33:42,620 --> 00:33:44,820 that there are many defendants in the court, 696 00:33:44,920 --> 00:33:46,420 and it's -- you take your turn. 697 00:33:46,500 --> 00:33:48,340 The first case is up, second case is up. 698 00:33:48,460 --> 00:33:50,840 There may be several defendants at a time 699 00:33:50,960 --> 00:33:54,680 waiting in the jury box to go in front of the judge. 700 00:33:54,780 --> 00:33:57,130 At one point, an officer sitting behind 701 00:33:57,210 --> 00:34:00,300 rudd gets up and exits the courtroom. 702 00:34:00,400 --> 00:34:02,780 Whitmore: Mr. Rudd was kind of looking around, 703 00:34:02,890 --> 00:34:05,990 looking and watching people's actions and movements, 704 00:34:06,090 --> 00:34:07,820 doors opening, doors closing. 705 00:34:07,930 --> 00:34:10,740 In his mind, he's thinking, all right, I'm in trouble. 706 00:34:10,840 --> 00:34:12,660 I didn't do what the judge asked me to do. 707 00:34:12,760 --> 00:34:15,700 Maybe this is not the best place for me to be. 708 00:34:15,800 --> 00:34:16,700 He looks left, 709 00:34:16,800 --> 00:34:20,620 he looks right, and he takes his chance. 710 00:34:20,700 --> 00:34:25,310 Christopher jumps up, bolts, runs out of the courtroom. 711 00:34:25,410 --> 00:34:28,280 Whitmore: You have the camera view from the second floor, 712 00:34:28,380 --> 00:34:32,880 and you see this railing, and you see these stairs. 713 00:34:33,000 --> 00:34:34,750 It was disaster waiting to happen. 714 00:34:40,570 --> 00:34:43,040 Christopher Clay rudd is waiting to be arraigned for 715 00:34:43,160 --> 00:34:46,530 failing to appear at his court- ordered drug treatment program. 716 00:34:46,610 --> 00:34:49,680 But after thinking about his situation for a few minutes, 717 00:34:49,780 --> 00:34:52,520 he decides there are other places he'd rather be. 718 00:34:52,620 --> 00:34:55,190 He runs out of the courtroom, through the doors, 719 00:34:55,290 --> 00:34:58,260 into the hallway, does an electric slide 720 00:34:58,360 --> 00:34:59,890 over the banister. 721 00:35:01,350 --> 00:35:02,730 Eighteen feet below, 722 00:35:02,830 --> 00:35:05,500 bailiffs are Manning the security check. 723 00:35:05,600 --> 00:35:08,100 Patrick nielson is one of the bailiffs down in 724 00:35:08,200 --> 00:35:10,300 the lobby who's handling security for people 725 00:35:10,400 --> 00:35:11,770 coming into the courthouse. 726 00:35:11,870 --> 00:35:15,770 Little did he know that it was going to be raining convicts. 727 00:35:15,860 --> 00:35:17,860 Maybe he thought he was gonna do a quick 728 00:35:17,950 --> 00:35:20,080 flip to the next floor and run out the door. 729 00:35:20,200 --> 00:35:24,650 But instead, it's a fall all the way to the bottom floor. 730 00:35:24,750 --> 00:35:27,350 Nielson makes a dash for rudd, 731 00:35:27,450 --> 00:35:29,960 thinking at first it's a child. 732 00:35:30,060 --> 00:35:32,220 Officer nielson had quick reflexes 733 00:35:32,340 --> 00:35:34,010 and tried to soften the blow 734 00:35:34,090 --> 00:35:36,550 and then realized it wasn't a child at all, 735 00:35:36,650 --> 00:35:39,700 but a defendant trying to escape the courthouse. 736 00:35:41,550 --> 00:35:44,400 He didn't die, but he sustained some significant 737 00:35:44,510 --> 00:35:46,340 injuries when he went over 738 00:35:46,440 --> 00:35:49,890 the banister -- because he's handcuffed in the front, 739 00:35:49,980 --> 00:35:52,060 he wasn't able to break his fall. 740 00:35:52,150 --> 00:35:55,100 Christopher rudd suffers a fractured skull. 741 00:35:55,200 --> 00:35:57,870 He also breaks his leg and pelvis. 742 00:35:57,950 --> 00:36:02,150 Defendant rudd is lucky to be alive, falling face-first 743 00:36:02,240 --> 00:36:06,070 18 feet, landing on a hard floor. 744 00:36:06,160 --> 00:36:08,240 It was -- it was disaster waiting to happen. 745 00:36:08,330 --> 00:36:11,400 He's lucky he only broke a few bones. 746 00:36:11,500 --> 00:36:12,950 As it turns out, 747 00:36:13,050 --> 00:36:16,670 the defendant hits his head on the bailiff's shoe, 748 00:36:16,750 --> 00:36:19,050 and he literally saved this guy's life. 749 00:36:19,140 --> 00:36:23,390 The deputies were heroes that day. 750 00:36:23,480 --> 00:36:24,960 I think it says a lot about 751 00:36:25,060 --> 00:36:27,960 the man who was trying to save this person, 752 00:36:28,070 --> 00:36:29,350 um, that he didn't know. 753 00:36:29,430 --> 00:36:30,650 He didn't know if it was a baby. 754 00:36:30,770 --> 00:36:32,400 He didn't know if it was an adult. 755 00:36:32,490 --> 00:36:36,270 But what he did instinctually was to try to save the life of 756 00:36:36,360 --> 00:36:38,940 someone that was falling from two stories up. 757 00:36:39,030 --> 00:36:42,360 As a result of this really failed escape attempt, 758 00:36:42,450 --> 00:36:46,700 Mr. Rudd gets 36 months probation, which is a gift, 759 00:36:46,780 --> 00:36:49,170 because had it not been for that shoe, 760 00:36:49,290 --> 00:36:50,370 the penalty would have been death. 761 00:36:57,960 --> 00:37:00,010 49-year-old Arthur booth 762 00:37:00,130 --> 00:37:02,260 is in court facing judge mindy glazer 763 00:37:02,350 --> 00:37:05,000 for his bond hearing on a whole host of charges. 764 00:37:05,100 --> 00:37:06,330 Hi, mr booth. 765 00:37:06,440 --> 00:37:08,190 -How are you? -How are you doing, ma'am? 766 00:37:08,310 --> 00:37:09,940 Normally, what happens at bond hearings, 767 00:37:10,020 --> 00:37:12,690 it's really your first hearing after you're charged. 768 00:37:12,810 --> 00:37:15,890 It's basically the judge's opportunity to decide 769 00:37:15,980 --> 00:37:19,530 if he or she is gonna let you out of jail. 770 00:37:19,650 --> 00:37:21,570 And technically, how much is it gonna 771 00:37:21,650 --> 00:37:23,370 cost for you to get out of jail? 772 00:37:23,490 --> 00:37:26,450 You have actually three arrest affidavits -- reckless driving, 773 00:37:26,540 --> 00:37:27,990 damage to property, 774 00:37:28,080 --> 00:37:31,210 leaving the scene of a crash with serious injury. 775 00:37:31,330 --> 00:37:32,490 With no serious injury. 776 00:37:32,580 --> 00:37:34,660 I'm sorry, no serious injury. 777 00:37:34,750 --> 00:37:36,750 Okay? 778 00:37:36,830 --> 00:37:39,050 Occupied burglary, grand theft, 779 00:37:39,170 --> 00:37:40,700 criminal mischief, and resisting an officer 780 00:37:40,800 --> 00:37:42,890 without violence. 781 00:37:43,010 --> 00:37:44,560 Rendel Arthur booth had been in 782 00:37:44,680 --> 00:37:47,430 and out of trouble his entire adult life. 783 00:37:47,510 --> 00:37:49,210 After dropping out of high school, 784 00:37:49,310 --> 00:37:52,210 booth gets caught up in a vicious cycle of drug use, 785 00:37:52,320 --> 00:37:55,050 a gambling addiction, and incarceration. 786 00:37:55,150 --> 00:37:57,390 Dawson: He's standing there. His head is down. 787 00:37:57,490 --> 00:37:59,150 He looks up once or twice, 788 00:37:59,240 --> 00:38:01,440 has a very angry look on his face. 789 00:38:01,530 --> 00:38:03,070 Negative about the legal system 790 00:38:03,190 --> 00:38:05,240 and the judge and the justice system. 791 00:38:05,360 --> 00:38:08,080 And that's expected, because he's been here before. 792 00:38:08,200 --> 00:38:11,250 Mr. Booth, I have a question for you. 793 00:38:11,370 --> 00:38:12,400 Yes, ma'am. 794 00:38:12,500 --> 00:38:14,740 Did you go to nautilus for middle school? 795 00:38:14,840 --> 00:38:16,670 My goodness. 796 00:38:16,760 --> 00:38:19,070 Dawson: Mr. Booth looks up, 797 00:38:19,180 --> 00:38:20,930 and all of a sudden, that scowl that was on 798 00:38:21,040 --> 00:38:23,240 his face turns into a smile 799 00:38:23,350 --> 00:38:25,550 as he recognizes the judge as 800 00:38:25,630 --> 00:38:27,580 somebody he went to school with. 801 00:38:27,680 --> 00:38:29,750 My goodness. 802 00:38:29,850 --> 00:38:31,190 My goodness. 803 00:38:31,270 --> 00:38:34,090 All he can say was, my goodness. 804 00:38:34,190 --> 00:38:38,860 So overwhelmed with emotion, so overwhelmed with 805 00:38:38,950 --> 00:38:43,030 really being confronted with the fact that he wasn't 806 00:38:43,120 --> 00:38:46,870 always like this, and it moved him to tears. 807 00:38:46,950 --> 00:38:48,790 My goodness. 808 00:38:48,910 --> 00:38:52,040 What the judge does is probably the most 809 00:38:52,130 --> 00:38:55,910 heartwarming thing I have ever seen in the courtroom. 810 00:38:56,000 --> 00:39:00,330 And what we hear next just hits your soul. 811 00:39:00,420 --> 00:39:02,550 This was the nicest kid in middle school. 812 00:39:02,640 --> 00:39:04,550 My goodness. 813 00:39:04,640 --> 00:39:06,590 He was the best kid in middle school. 814 00:39:06,670 --> 00:39:08,460 I used to play football with him, all the kids. 815 00:39:08,560 --> 00:39:14,600 He was a young man of so much talent, smarts, and potential. 816 00:39:14,680 --> 00:39:18,630 Arthur booth used to be quite the student -- in sciences, 817 00:39:18,740 --> 00:39:21,820 in math, he taught himself Spanish, you know, 818 00:39:21,940 --> 00:39:23,020 he wanted to be a neurosurgeon, 819 00:39:23,110 --> 00:39:26,360 but somewhere along the way, he got on the wrong path, 820 00:39:26,440 --> 00:39:29,640 and he never finished school, he got involved with drugs, 821 00:39:29,750 --> 00:39:32,500 ended up stealing to support that habit 822 00:39:32,620 --> 00:39:34,030 and a gambling habit. 823 00:39:34,120 --> 00:39:37,040 And once he went down that path, he just never recovered. 824 00:39:37,120 --> 00:39:39,150 And look what has happened. I am so sorry. 825 00:39:39,260 --> 00:39:40,660 My goodness. 826 00:39:40,760 --> 00:39:42,510 Rendel on the one hand, it's beautiful in a sense 827 00:39:42,630 --> 00:39:45,160 to see judge mindy glazer treat him with 828 00:39:45,260 --> 00:39:48,850 such respect and talk to him and remind him of 829 00:39:48,970 --> 00:39:50,430 what he could have been, 830 00:39:50,520 --> 00:39:55,020 but there's something so sad when we see him realizing that 831 00:39:55,140 --> 00:39:57,060 he never achieved what he could have -- 832 00:39:57,160 --> 00:39:59,140 what he could have achieved and what he could have become. 833 00:39:59,230 --> 00:40:01,980 I'm sorry to see you there -- I always wondered what happened 834 00:40:02,060 --> 00:40:03,010 to you, sir. 835 00:40:03,110 --> 00:40:06,680 He realized perhaps they were 836 00:40:06,780 --> 00:40:08,820 on the same path in middle school. 837 00:40:08,900 --> 00:40:11,850 His path veered strictly right, 838 00:40:11,960 --> 00:40:13,240 and she kept going. 839 00:40:13,320 --> 00:40:14,660 She is now a judge. 840 00:40:14,740 --> 00:40:17,710 He is, unfortunately, a 2-, 3-time criminal. 841 00:40:17,830 --> 00:40:20,210 Mr. Booth, I hope you are able to change your ways. 842 00:40:20,330 --> 00:40:22,250 Dawson: He was embarrassed, embarrassed about 843 00:40:22,330 --> 00:40:23,580 his state in life, 844 00:40:23,670 --> 00:40:26,220 embarrassed about the problems that obviously she can see on 845 00:40:26,340 --> 00:40:29,970 that piece of paper, and embarrassed to be there. 846 00:40:30,060 --> 00:40:31,640 And that's obvious. 847 00:40:31,730 --> 00:40:33,430 What's sad is how old we've become. 848 00:40:33,510 --> 00:40:35,680 Despite the emotional reunion, 849 00:40:35,760 --> 00:40:39,210 judge glazer has a job to do and sets booth's bond 850 00:40:39,320 --> 00:40:41,050 at $24,000. 851 00:40:41,150 --> 00:40:44,150 Good luck to you, sir. I hope you are able to... 852 00:40:44,240 --> 00:40:47,270 Come out of this okay and just lead a lawful life. 853 00:40:47,360 --> 00:40:49,770 So maybe, you know, being embarrassed in front of 854 00:40:49,860 --> 00:40:54,250 a classmate 30 years later was his rock bottom. 855 00:40:54,360 --> 00:40:57,420 Booth: My goodness. You really? You? 856 00:40:57,530 --> 00:40:59,500 My goodness. 857 00:40:59,590 --> 00:41:02,250 Dorsey: Certainly, spending time in jail over 858 00:41:02,370 --> 00:41:05,710 and over again wasn't sufficient enough 859 00:41:05,790 --> 00:41:08,080 to get Arthur to change his ways. 860 00:41:08,180 --> 00:41:11,550 I hope and believe that this encounter will be 861 00:41:11,630 --> 00:41:12,880 very impactful 862 00:41:12,970 --> 00:41:16,130 and meaningful in getting him back on the road to recovery. 863 00:41:16,220 --> 00:41:18,640 This story was really heart-wrenching. 864 00:41:18,720 --> 00:41:22,610 It was really heartwarming all at the same time. 865 00:41:22,730 --> 00:41:25,360 My goodness! 68063

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