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1
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There's absolutely
nothing to do around here.
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So, instead of doing drugs,
I go out in the woods.
3
00:00:23,732 --> 00:00:25,817
Even though people think
that I'm cra...
4
00:00:25,900 --> 00:00:28,319
I probably do look crazy
out there digging for rocks.
5
00:00:28,403 --> 00:00:31,614
But I... I really like
looking for rocks and fossils.
6
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I think it's cool, so whatever.
7
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I have some cool fossils except
for the one that turned out to be dog poo.
8
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I look for
just a few different types of crystals.
9
00:00:51,801 --> 00:00:53,803
Healing powers, your chakra.
10
00:00:55,096 --> 00:00:58,016
It helps me clear my mind.
11
00:01:06,608 --> 00:01:09,194
I was arrested for murder.
12
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The man was in my home.
13
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I did what I thought I had to do,
14
00:01:16,951 --> 00:01:19,537
what I did have to do,
no doubt in my mind.
15
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'Cause If I wouldn't have, my brother
and I would both be dead right now.
16
00:01:25,210 --> 00:01:28,379
I'm ready
for my Stand Your Ground hearing.
17
00:01:29,005 --> 00:01:33,968
If they let me tell my story,
I believe that I'll win.
18
00:01:47,273 --> 00:01:49,734
I've covered
Stand Your Ground cases before,
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and almost all of them, they were men.
20
00:01:53,571 --> 00:01:56,658
Stand Your Ground
is a self-defense law in Alabama.
21
00:01:58,535 --> 00:02:03,456
And so, the police may go to a scene,
you know, find that someone's been killed,
22
00:02:03,540 --> 00:02:06,209
and then they'll just say
it was justified.
23
00:02:06,292 --> 00:02:09,087
And they often dismiss cases.
24
00:02:09,587 --> 00:02:13,216
In Brittany's case,
she was charged with killing a man
25
00:02:13,299 --> 00:02:15,218
who she accused of raping her.
26
00:02:16,177 --> 00:02:20,765
And, if she is convicted,
she could face up to life in prison.
27
00:02:21,975 --> 00:02:25,562
And so the most compelling thing
to me was,
28
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"Are women able
to use the system to defend themselves
29
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in the way that men are?"
30
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♪ Have a good time ♪
31
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I have two kids.
32
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- There's my lovely brother.
- Brittany and Chris.
33
00:02:50,920 --> 00:02:51,796
Say hi, Chris!
34
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Their father and I divorced
when they were four and eight.
35
00:02:55,466 --> 00:02:56,885
I was a single mom.
36
00:02:57,385 --> 00:02:59,554
In Jackson County,
it's hard to be a single mom
37
00:02:59,637 --> 00:03:03,183
because there's
not much financial assistance whatsoever
38
00:03:03,266 --> 00:03:04,475
for a single mom.
39
00:03:04,559 --> 00:03:08,396
I worked anywhere
from 12 to 16 hours a day,
40
00:03:08,479 --> 00:03:10,857
sometimes more
if I could get more in, you know.
41
00:03:11,733 --> 00:03:14,527
But we ended up living in the projects.
42
00:03:17,405 --> 00:03:19,741
Brittany, she was smart as a whip.
43
00:03:19,824 --> 00:03:22,952
I mean, that child
could pass a test, any test,
44
00:03:23,036 --> 00:03:25,079
without ever even crackin' a book.
45
00:03:25,163 --> 00:03:28,208
She was just really a honor roll student.
46
00:03:28,958 --> 00:03:33,046
Brittany got married. I guess she was 19.
47
00:03:33,838 --> 00:03:38,176
And then her husband left
and went back to his mom's.
48
00:03:38,718 --> 00:03:41,262
They got back together,
they separated, they got back together.
49
00:03:41,346 --> 00:03:44,390
I quit keeping up
because it was just like,
50
00:03:44,974 --> 00:03:48,519
"Just let me know how many plates to set,"
you know, or...
51
00:03:49,729 --> 00:03:51,439
She has four kids,
52
00:03:51,522 --> 00:03:54,317
and she's had some hardships
being a single mom.
53
00:03:54,400 --> 00:03:56,861
Trying to work,
trying to take care of the kids,
54
00:03:57,779 --> 00:04:02,575
and then depression,
it really hit her hard.
55
00:04:03,159 --> 00:04:05,662
When Brittany had Baby Will,
56
00:04:06,537 --> 00:04:09,624
Baby Will had, uh, Potter's syndrome.
57
00:04:09,707 --> 00:04:12,252
It... it's a genetic disorder.
58
00:04:12,752 --> 00:04:14,963
He just lived 45 minutes.
59
00:04:16,756 --> 00:04:21,052
When she lost a full-born child,
Brittany went out in left field
60
00:04:21,135 --> 00:04:25,014
and found peace somewhere else
with addiction.
61
00:04:27,642 --> 00:04:29,435
Oh, it's raining.
62
00:04:29,519 --> 00:04:32,981
It's gotten really bad in Jackson County,
as a whole, with the drugs.
63
00:04:33,064 --> 00:04:37,110
And it wasn't that way when I was a kid,
you know, growin' up.
64
00:04:38,653 --> 00:04:41,698
When I noticed my daughter
started lookin' like a toothpick...
65
00:04:41,781 --> 00:04:43,634
She started hanging out
with different people...
66
00:04:43,658 --> 00:04:45,338
Can I take your order?
67
00:04:45,368 --> 00:04:46,536
Do y'all want anything?
68
00:04:47,578 --> 00:04:48,997
You good? Um...
69
00:04:49,580 --> 00:04:53,334
I need two sausage,
egg, and cheese McGriddles.
70
00:04:54,210 --> 00:04:55,562
- Thanks.
- Have a good day.
71
00:04:55,586 --> 00:04:56,586
You too.
72
00:04:57,547 --> 00:05:02,218
But, um, anyway, um,
it was just one hell of a ride.
73
00:05:02,302 --> 00:05:03,761
I'm just gonna tell you.
74
00:05:07,348 --> 00:05:09,934
I started
using methamphetamine.
75
00:05:11,060 --> 00:05:14,522
And then, just a few months in,
I lost my kids.
76
00:05:15,815 --> 00:05:17,108
My world was gone.
77
00:05:19,110 --> 00:05:23,197
When she lost child custody,
she hit rock bottom.
78
00:05:24,824 --> 00:05:28,036
We did support and help her
as... as much as we could.
79
00:05:29,287 --> 00:05:32,415
And she struggled.
She relapsed a couple of times.
80
00:05:35,293 --> 00:05:37,962
But she pulled herself back up.
81
00:05:39,255 --> 00:05:41,924
She did get clean, and she stayed clean.
82
00:05:42,008 --> 00:05:45,803
And, I mean,
she was workin' at a home, doin' good.
83
00:05:47,597 --> 00:05:51,893
And on January the 10th of 2018,
84
00:05:51,976 --> 00:05:54,562
Brittany had a home evaluation done
on her home.
85
00:05:54,645 --> 00:05:59,233
Made sure everything was safe
for the kids, and, um, she passed it.
86
00:05:59,317 --> 00:06:01,277
The lady told her she was proud of her.
87
00:06:01,861 --> 00:06:04,405
- Wow!
- Brittany was super excited.
88
00:06:04,489 --> 00:06:07,742
We had waited so long
to get these kids back.
89
00:06:08,242 --> 00:06:11,954
So you had a good time, huh?
Which one was your favorite animal to see?
90
00:06:12,580 --> 00:06:14,332
The llama!
91
00:06:14,415 --> 00:06:17,210
The llama? Did it try to spit on you?
92
00:06:17,877 --> 00:06:20,088
Brittany was looking
to buy a puppy.
93
00:06:21,089 --> 00:06:22,840
She wanted that puppy for the kids.
94
00:06:24,550 --> 00:06:26,844
Todd Smith, he was a pit bull breeder.
95
00:06:27,637 --> 00:06:31,891
She had met Todd
back in, like, high school days.
96
00:06:33,643 --> 00:06:37,480
Brittany arranged with him to purchase
a pit bull puppy, which she did.
97
00:06:37,980 --> 00:06:41,734
It was only just a couple of days later
that the shooting happened.
98
00:06:48,533 --> 00:06:54,997
I get a call from Todd asking
if I would come and get him from the park
99
00:06:55,498 --> 00:07:00,253
because his ride had dropped him off,
and they wouldn't come back and get him.
100
00:07:01,921 --> 00:07:04,882
So I told him, you know,
"All right, we'll come and get you."
101
00:07:04,966 --> 00:07:09,429
"You can stay on my couch for one night,
but tomorrow you have got to leave."
102
00:07:09,512 --> 00:07:12,557
"You can't just hole up at my house.
It's not a crash house."
103
00:07:12,640 --> 00:07:14,517
"I'm about to get my kids home."
104
00:07:17,937 --> 00:07:20,314
And we talked for a little while.
105
00:07:21,441 --> 00:07:23,609
And I wasn't trying to brag,
but I was like,
106
00:07:23,693 --> 00:07:27,238
"You know, I'm working.
I'm about to get my children back."
107
00:07:27,738 --> 00:07:30,074
"Things are looking forward for me."
108
00:07:31,325 --> 00:07:32,325
And then...
109
00:07:34,787 --> 00:07:38,040
...I don't know what happened.
Something snapped inside of this man.
110
00:07:38,124 --> 00:07:40,585
And he jumped up
and started screaming at me.
111
00:07:40,668 --> 00:07:42,003
And he headbutts me.
112
00:07:44,338 --> 00:07:48,926
So I take off runnin' through the hallway
to my bedroom, and I slam the door.
113
00:07:49,510 --> 00:07:54,056
And, um, he busted through the door
and tackled me on the bed
114
00:07:54,140 --> 00:07:55,558
and started choking me.
115
00:07:56,058 --> 00:07:58,436
And then I saw black, and I thought,
116
00:07:58,519 --> 00:08:01,439
"This is what it's like to die.
God, please don't let me die."
117
00:08:04,525 --> 00:08:08,362
And, uh, I woke up, and I peed on myself.
118
00:08:08,446 --> 00:08:09,947
And my pants are off,
119
00:08:10,031 --> 00:08:11,908
and he's raping me.
120
00:08:12,742 --> 00:08:14,076
And he's still choking me.
121
00:08:15,244 --> 00:08:19,916
And he says, "If you say one F-ing word,
I will kill you."
122
00:08:19,999 --> 00:08:22,793
He said, "If you even breathe wrong,
I will kill you."
123
00:08:27,006 --> 00:08:30,176
Brittany called, I guess, about 12:40.
124
00:08:30,801 --> 00:08:33,304
And she said, um,
125
00:08:34,514 --> 00:08:37,266
"Mama, will you bring me
a pack of cigarettes?"
126
00:08:37,767 --> 00:08:38,935
And I said, um,
127
00:08:40,353 --> 00:08:43,814
"Baby, I don't have any money
till Wednesday or Thursday," you know?
128
00:08:43,898 --> 00:08:47,235
And, uh, she said, "Mama, I've got money."
129
00:08:47,735 --> 00:08:51,489
She said, "Just... just get over here
and take me to the store."
130
00:08:52,323 --> 00:08:54,617
'Cause we were down
to the one car, you know.
131
00:08:56,285 --> 00:08:57,495
I was so tired.
132
00:08:58,162 --> 00:08:59,622
I had worked that day.
133
00:08:59,705 --> 00:09:01,958
It was freezing cold and snowin'.
134
00:09:02,041 --> 00:09:04,293
My hair was wet, and I was like,
135
00:09:04,377 --> 00:09:08,256
"Chris, can you just go take your sister
to the store to get some cigarettes?"
136
00:09:09,715 --> 00:09:12,260
I'm a little bit irritated
because I'm tired.
137
00:09:14,136 --> 00:09:18,933
But I... I get up,
and I head to Brittany's house.
138
00:09:20,142 --> 00:09:23,521
I thought it was just gonna be
me and her going to the store.
139
00:09:25,231 --> 00:09:30,903
But then Todd comes out behind Brittany,
and Brittany gets in the front seat.
140
00:09:35,741 --> 00:09:41,372
Brittany was not talking as much,
but I didn't pay much attention.
141
00:09:46,127 --> 00:09:47,753
I drive over into MAPCO.
142
00:09:49,088 --> 00:09:52,633
While she's in the store,
me and Todd are talkin' in the car.
143
00:09:54,176 --> 00:09:57,388
I was taking care of a customer,
and Brittany comes in.
144
00:09:58,306 --> 00:10:00,349
She is, like, all out of sorts.
145
00:10:00,433 --> 00:10:03,060
You could tell
she looked like she'd been in a fight.
146
00:10:03,144 --> 00:10:05,229
And then I'm like, "What happened to you?"
147
00:10:05,313 --> 00:10:07,940
And then, as soon as I said that,
she was like, "Shh."
148
00:10:08,024 --> 00:10:09,734
You know, "Don't draw any attention."
149
00:10:09,817 --> 00:10:12,361
And that's when she started telling me
what happened to her.
150
00:10:13,904 --> 00:10:15,406
That she was being held hostage,
151
00:10:15,489 --> 00:10:19,744
that she had been raped,
beaten by Todd Smith.
152
00:10:21,912 --> 00:10:24,152
And I was like,
"Just stay here. Like, get in this room."
153
00:10:24,206 --> 00:10:26,626
And she said,
"I can't. My brother's in the car."
154
00:10:26,709 --> 00:10:29,462
"If I don't go back out there,
he's gonna hurt my brother."
155
00:10:31,797 --> 00:10:33,591
After a minute, she comes out,
156
00:10:33,674 --> 00:10:36,552
and I go to pull off
to take them back home.
157
00:10:39,472 --> 00:10:44,685
Todd gets out of the car first and starts
to walk upstairs to go in the house,
158
00:10:45,227 --> 00:10:48,189
and Brittany, before she gets out,
159
00:10:48,272 --> 00:10:54,278
she tells me that I need to go back
to the MAPCO to talk to one of the clerks.
160
00:10:55,321 --> 00:10:57,490
He was clueless.
Like, he had no idea.
161
00:10:57,990 --> 00:11:00,910
And I started tellin' him,
and he was like, "What?"
162
00:11:04,038 --> 00:11:06,457
So, I'm driving back
over to the house.
163
00:11:07,333 --> 00:11:10,461
I always had my pistol right here
on my side.
164
00:11:15,591 --> 00:11:17,301
I... I went in the back door,
165
00:11:17,385 --> 00:11:21,055
and... and Todd's in the kitchen,
gettin' something to drink.
166
00:11:21,722 --> 00:11:24,725
I told him that he needed
to get his stuff and leave.
167
00:11:25,643 --> 00:11:28,521
He's just standing there, not movin'.
168
00:11:29,438 --> 00:11:31,273
I just wanted Todd gone.
169
00:11:31,941 --> 00:11:33,234
I put my gun on the counter
170
00:11:33,317 --> 00:11:35,197
and try to physically remove him
from the house,
171
00:11:35,236 --> 00:11:37,655
and then... then that's
when the fight started.
172
00:11:39,407 --> 00:11:41,742
I run into the kitchen,
and they're fighting.
173
00:11:41,826 --> 00:11:44,954
And Todd has my brother, choking him out.
174
00:11:46,539 --> 00:11:48,833
I picked up the gun,
and I said, "Todd, stop."
175
00:11:48,916 --> 00:11:52,461
"I don't want to have to shoot anybody.
Please let my brother go."
176
00:11:52,545 --> 00:11:55,089
And he wouldn't, so I fired the gun.
177
00:11:56,090 --> 00:11:57,591
And nothing happened.
178
00:11:58,092 --> 00:11:59,510
And so I shot again.
179
00:12:00,511 --> 00:12:04,473
With the third time,
my brother and him fell down.
180
00:12:12,898 --> 00:12:14,316
Jackson County 911.
181
00:12:14,817 --> 00:12:19,655
Hi. I need an ambulance.
Someone just, um, got shot.
182
00:12:19,739 --> 00:12:21,615
Where's the person
that shot him?
183
00:12:22,283 --> 00:12:25,286
He's right here with me.
He's my brother. He's not going to jail.
184
00:12:25,369 --> 00:12:28,038
He's like... he was trying to protect me.
185
00:12:31,500 --> 00:12:34,170
What the fuck do I do? Please help me.
186
00:12:34,253 --> 00:12:38,007
Okay, you're gonna pump
his chest hard and fast 30 times.
187
00:12:38,090 --> 00:12:42,595
One, two, three, four...
188
00:12:42,678 --> 00:12:44,513
Please send an ambulance. Please.
189
00:12:44,597 --> 00:12:47,516
They're on the way
and comin' as fast as they can, okay?
190
00:12:47,600 --> 00:12:50,436
Okay. I'm going to the road.
191
00:12:52,646 --> 00:12:54,958
In here!
- Where... Who's the shooter?
192
00:12:54,982 --> 00:12:57,067
- Who's the shooter?
- It's my brother.
193
00:12:57,151 --> 00:12:59,153
Where's he at?
Come out of the house!
194
00:12:59,236 --> 00:13:01,047
Don't shoot.
- Come on!
195
00:13:01,071 --> 00:13:03,657
He shot him
'cause he choked me.
196
00:13:03,741 --> 00:13:05,781
Come on out!
- He raped me.
197
00:13:06,327 --> 00:13:09,038
Hold a minute.
Is there anybody in the house?
198
00:13:09,121 --> 00:13:10,721
No.
- Stay here.
199
00:13:18,506 --> 00:13:19,965
Found him downstairs.
200
00:13:20,549 --> 00:13:23,552
No pulse.
- No pulse. No pulse. Okay.
201
00:13:30,851 --> 00:13:33,145
You know, I was raised
to do the right thing,
202
00:13:33,229 --> 00:13:36,649
even though the rest of the world
may not see it like that.
203
00:13:38,609 --> 00:13:42,655
In Jackson County,
women don't get treated fairly in general.
204
00:13:44,657 --> 00:13:49,161
So I thought, "If I don't take the blame,
she's never gonna get her kids back."
205
00:13:54,375 --> 00:13:57,795
The next morning, I woke up.
My heart sank.
206
00:13:59,004 --> 00:14:02,007
I told Mom, "I have to go turn myself in."
207
00:14:04,802 --> 00:14:07,447
What you originally told us,
that your brother shot him.
208
00:14:07,471 --> 00:14:08,305
Yes.
209
00:14:08,389 --> 00:14:10,349
Now you're saying
it was actually you
210
00:14:10,432 --> 00:14:11,976
that actually shot him.
211
00:14:13,269 --> 00:14:16,063
I shoulda told the truth
from the beginning.
212
00:14:38,836 --> 00:14:43,424
She never should have been took
to jail. None of that is fair.
213
00:14:45,217 --> 00:14:50,306
I taught her to fight, fight back
with everything you've got, and she did.
214
00:14:50,973 --> 00:14:52,641
And I'm proud of her for it.
215
00:15:00,232 --> 00:15:02,359
Ooh, they're all pretty. Swirl 'em up.
216
00:15:03,068 --> 00:15:05,112
Look at that big one.
217
00:15:10,659 --> 00:15:14,747
Like, I went everywhere,
and nobody will give me a job right now.
218
00:15:16,040 --> 00:15:20,210
And the only thing that ke...
that makes me happy
219
00:15:20,294 --> 00:15:22,504
is spending time with my kids.
220
00:15:23,505 --> 00:15:25,466
And I can't even do that, for real?
221
00:15:25,549 --> 00:15:27,092
You want to?
222
00:15:27,176 --> 00:15:30,554
I want to be able to do what
I'm able to do with my neighbor's kids.
223
00:15:30,638 --> 00:15:32,306
Oh, that's funny! Look at that.
224
00:15:32,389 --> 00:15:34,725
I can't do this
with my own babies.
225
00:15:35,935 --> 00:15:36,977
Bubbles!
226
00:15:40,397 --> 00:15:42,816
"Further grounds will be set forth
227
00:15:42,900 --> 00:15:46,445
in more detail
at the time of the hearings..."
228
00:15:46,528 --> 00:15:48,989
Stand Your Ground,
when I first heard of it, I thought,
229
00:15:49,073 --> 00:15:51,325
"That fits her situation perfectly."
230
00:15:51,951 --> 00:15:54,078
She was arrested for self-defense.
231
00:15:55,871 --> 00:15:59,041
I studied it.
I went online. I got a law book.
232
00:15:59,625 --> 00:16:04,296
I thought, "Yes, this is her law
that's gonna get her out of this."
233
00:16:05,506 --> 00:16:06,506
Wow.
234
00:16:07,549 --> 00:16:09,593
- That's good news.
- Is that your cup?
235
00:16:09,677 --> 00:16:10,844
Yep.
236
00:16:11,345 --> 00:16:14,181
And we'll have the Stand Your Ground,
237
00:16:14,974 --> 00:16:19,144
and then we're gonna ask
for those charges to be dismissed.
238
00:16:19,895 --> 00:16:22,439
She had every right.
She was in her own home.
239
00:16:22,523 --> 00:16:25,109
This is classic Stand Your Ground.
240
00:16:33,450 --> 00:16:36,996
I think Brittany's story is very credible,
and we had the law on our side.
241
00:16:37,079 --> 00:16:41,709
She's not engaged in an unlawful activity.
She's not the initial aggressor.
242
00:16:41,792 --> 00:16:47,089
She's basically at the house.
The brother is being choked out by Todd.
243
00:16:48,298 --> 00:16:50,217
Choke hold is deadly force.
244
00:16:51,218 --> 00:16:52,720
She was justified in that.
245
00:16:52,803 --> 00:16:56,140
I think we had
a strong Stand Your Ground case.
246
00:16:57,683 --> 00:16:59,184
The DA got with Todd's family,
247
00:16:59,268 --> 00:17:02,312
and they wanted me
to take a 25-year plea deal.
248
00:17:03,897 --> 00:17:06,191
I told 'em
I'm not pleading out to anything. No.
249
00:17:06,275 --> 00:17:09,611
Because I'm innocent,
and I will go to jail an innocent woman
250
00:17:09,695 --> 00:17:12,072
before I'll plea out to anything
that I did not do.
251
00:17:13,824 --> 00:17:17,536
Brittany's perspective was,
"I'm not gonna plead guilty."
252
00:17:17,619 --> 00:17:19,663
"We're taking
the Stand Your Ground hearing."
253
00:17:21,331 --> 00:17:25,461
I... I enjoy working
with Ron Smith as a private investigator.
254
00:17:26,587 --> 00:17:28,213
And I'm former law enforcement.
255
00:17:28,297 --> 00:17:30,841
I got out of law enforcement
several years ago
256
00:17:31,425 --> 00:17:37,139
because I thought that there was
a need also for cases on the defense side.
257
00:17:37,723 --> 00:17:40,934
There's people that live
in low-income areas.
258
00:17:41,018 --> 00:17:43,103
They don't have
an investigator for their side,
259
00:17:43,187 --> 00:17:45,481
so that's where that need is filled.
260
00:17:46,482 --> 00:17:49,359
Typically in the South
in your Stand Your Ground,
261
00:17:49,443 --> 00:17:54,823
it's a man standin' up and protecting
their life, liberty, property,
262
00:17:54,907 --> 00:17:56,909
all of this that we've always heard.
263
00:17:58,494 --> 00:18:00,287
Men get praised for that.
264
00:18:00,370 --> 00:18:03,540
Where, if a woman does that or a minority,
265
00:18:04,124 --> 00:18:06,043
it's viewed a lot different.
266
00:18:06,126 --> 00:18:10,798
I think, in the South,
a lot of times people don't believe that
267
00:18:10,881 --> 00:18:14,426
there's a problem
with sexual abuse and domestic violence.
268
00:18:14,927 --> 00:18:19,139
Why is it okay
for a woman to sustain injuries
269
00:18:19,223 --> 00:18:22,768
and continue to endure that
before something's done?
270
00:18:23,435 --> 00:18:25,229
I'm for the underdog.
271
00:18:25,312 --> 00:18:27,898
You know, I think I've always been
for the underdog.
272
00:18:30,651 --> 00:18:33,487
We actually got a date
for the Stand Your Ground hearing.
273
00:18:33,570 --> 00:18:36,698
It's, uh, January 14th, 2020.
274
00:18:37,407 --> 00:18:38,826
And we're excited.
275
00:18:39,701 --> 00:18:44,748
Praying, praying that this will be over.
This nightmare will be over.
276
00:18:56,218 --> 00:18:58,303
I'm hoping that this goes through
277
00:18:58,387 --> 00:19:01,390
because it shouldn't just be
a law for men.
278
00:19:02,516 --> 00:19:03,350
Period.
279
00:19:25,038 --> 00:19:29,251
When Brittany testified,
you coulda heard a pin drop in that room.
280
00:19:29,334 --> 00:19:30,711
It was just silent.
281
00:19:32,379 --> 00:19:34,423
"Now, Brittany." "Yes, sir."
282
00:19:34,506 --> 00:19:37,009
"Todd had come over initially
with permission?"
283
00:19:37,092 --> 00:19:38,092
"Yes, sir."
284
00:19:38,468 --> 00:19:42,306
"When he was attacking you in your house,
did he still have permission to be there?"
285
00:19:42,389 --> 00:19:43,515
"No, sir."
286
00:19:43,599 --> 00:19:46,018
"When attacking your brother,
did he have permission?"
287
00:19:46,101 --> 00:19:47,102
"No, sir."
288
00:19:47,769 --> 00:19:49,438
"Were you afraid he would hurt you?"
289
00:19:49,938 --> 00:19:51,231
"He did hurt me."
290
00:19:53,942 --> 00:19:56,361
The sexual assault nurse examiner
291
00:19:56,445 --> 00:20:01,200
testified to 33 injuries on Brittany.
292
00:20:03,243 --> 00:20:05,704
And the nurse's testimony
was very compelling.
293
00:20:08,373 --> 00:20:11,668
"There were two abrasions
on the left side of the chin,
294
00:20:12,336 --> 00:20:14,838
and they were consistent
with a bite mark."
295
00:20:14,922 --> 00:20:20,802
"There were wounds to the chest,
to the breasts, legs, arms, feet."
296
00:20:21,345 --> 00:20:25,515
And then, "She had a contusion
that was consistent with a handprint."
297
00:20:25,599 --> 00:20:28,685
And then, "She had contusions
to the back of the neck."
298
00:20:28,769 --> 00:20:32,522
"I would say my findings
were consistent with a strangulation."
299
00:20:33,273 --> 00:20:34,316
Wow.
300
00:20:39,363 --> 00:20:41,448
I mean, just cried like a baby.
301
00:20:41,990 --> 00:20:44,785
Because that was my baby girl
on that paper.
302
00:20:45,577 --> 00:20:50,207
The nurse also testified
that she could not say with certainty
303
00:20:50,290 --> 00:20:52,501
that Brittany had been sexually assaulted.
304
00:20:53,001 --> 00:20:55,587
But the nurse was clear about that,
305
00:20:55,671 --> 00:20:57,714
that it's not unusual
in sexual assault cases
306
00:20:57,798 --> 00:21:01,760
that you can't say with any certainty,
you know, that someone was raped.
307
00:21:03,345 --> 00:21:06,974
Her story is corroborated
by her injuries.
308
00:21:07,599 --> 00:21:09,839
I don't know what to do. I, like...
309
00:21:09,893 --> 00:21:12,521
- I've been choked almost dead, like...
- Yes.
310
00:21:12,604 --> 00:21:15,023
...raped almost in my bed twice.
311
00:21:15,107 --> 00:21:16,692
So, he did rape you?
312
00:21:17,567 --> 00:21:20,445
No, he did not rape me.
He was trying to.
313
00:21:22,864 --> 00:21:27,160
In the 911 call, Brittany said
that she had not been raped.
314
00:21:27,911 --> 00:21:30,664
Prosecutor Jason Pierce asked Brittany,
315
00:21:31,331 --> 00:21:34,042
"Why would you lie about not being raped?"
316
00:21:34,543 --> 00:21:36,211
Brittany, "I don't know."
317
00:21:40,799 --> 00:21:42,718
Brittany's lawyers brought in information
318
00:21:42,801 --> 00:21:45,470
that Brittany had been diagnosed
with PTSD
319
00:21:45,554 --> 00:21:48,348
and that something like,
you know, saying in the moment,
320
00:21:48,432 --> 00:21:51,059
"No, I wasn't raped,"
wouldn't be out of the question
321
00:21:51,143 --> 00:21:53,145
for somebody who had been traumatized.
322
00:21:53,228 --> 00:21:56,398
Do you want
to just spill your guts to... to a stranger
323
00:21:56,481 --> 00:22:00,569
and tell 'em, "Okay, yeah,
I just got sexually assaulted and raped."
324
00:22:01,320 --> 00:22:05,032
A lot of rape victims
don't disclose immediately.
325
00:22:05,115 --> 00:22:06,783
It might be years.
326
00:22:11,246 --> 00:22:16,710
Prosecutor Jason Pierce says,
"It seems like you have selective memory."
327
00:22:17,461 --> 00:22:21,506
I mean, obviously, the... the whole point
of... of the prosecution
328
00:22:21,590 --> 00:22:23,717
was to cast doubt right on her story.
329
00:22:23,800 --> 00:22:28,722
She was obviously being asked
about some really difficult things,
330
00:22:28,805 --> 00:22:31,391
but I would say she was really measured.
331
00:22:33,143 --> 00:22:35,228
The prosecutor asked Brittany,
332
00:22:35,312 --> 00:22:38,690
"You hadn't seen him
with a weapon of any sort that evening?"
333
00:22:39,191 --> 00:22:41,234
Brittany answers, "His hands."
334
00:22:42,110 --> 00:22:45,364
Mr. Pierce says,
"Okay. And that would be..."
335
00:22:45,447 --> 00:22:48,033
Brittany cuts in
and says, "And his penis."
336
00:22:48,784 --> 00:22:50,077
"And his mouth."
337
00:22:50,911 --> 00:22:52,829
"I saw several weapons."
338
00:22:56,375 --> 00:22:59,878
Todd Smith had very high levels
of methamphetamine in his system.
339
00:22:59,961 --> 00:23:01,213
Extremely high.
340
00:23:02,130 --> 00:23:07,552
The toxicologist testifies
that 200 would be, like, a common amount
341
00:23:07,636 --> 00:23:11,932
that you would see in a DUI case
where someone is on meth.
342
00:23:14,101 --> 00:23:15,268
If you see a video,
343
00:23:15,352 --> 00:23:18,063
and there's somebody trying
to be restrained by the police,
344
00:23:18,146 --> 00:23:21,274
and there's five officers tasing him
and hitting him with their clubs,
345
00:23:21,358 --> 00:23:23,276
and the guy keeps fighting like Superman,
346
00:23:23,360 --> 00:23:25,153
she said that is similar
347
00:23:25,237 --> 00:23:29,491
to what that level of meth
in your system would produce.
348
00:23:35,497 --> 00:23:38,542
I asked him, "What's that
make you feel like?" He said, "Superman."
349
00:23:41,795 --> 00:23:44,506
Me and Todd, we were real close.
He's like a brother to me.
350
00:23:47,134 --> 00:23:50,595
I remember having our four-wheelers
and motorcycles up the mountain.
351
00:23:53,932 --> 00:23:55,308
There's a little creek there.
352
00:23:55,392 --> 00:23:58,812
We'd always get us a drink of water there
out of the spring.
353
00:24:03,358 --> 00:24:05,819
If you really didn't know Todd,
weren't around him every day,
354
00:24:05,902 --> 00:24:07,571
you wouldn't understand him.
355
00:24:08,363 --> 00:24:11,658
Todd was a totally different person
if it hadn't been for drugs.
356
00:24:14,536 --> 00:24:17,289
This is, like,
a criminal history printout
357
00:24:17,372 --> 00:24:18,790
for Todd Smith.
358
00:24:19,708 --> 00:24:23,211
There are definitely
dozens of arrests here.
359
00:24:23,295 --> 00:24:26,006
Some of these are
domestic violence charges.
360
00:24:26,089 --> 00:24:27,591
There's another assault.
361
00:24:28,133 --> 00:24:30,469
Aggravated assault.
362
00:24:32,179 --> 00:24:35,265
Todd's ex-wife knows
what I went through.
363
00:24:35,765 --> 00:24:38,810
She's lucky to be alive,
and she's a very brave soul.
364
00:24:40,562 --> 00:24:46,943
I was held captive numerous times
by Todd and beaten over the years.
365
00:24:49,112 --> 00:24:54,034
The last story I had
that reminded me so much of Brittany was
366
00:24:54,826 --> 00:24:57,871
I was duct-taped and tied to a chair.
367
00:24:57,954 --> 00:25:04,419
I had been held captive by him for days.
Beaten, raped, sodomized.
368
00:25:04,503 --> 00:25:07,839
Everything Brittany had went through
and... and more.
369
00:25:10,675 --> 00:25:12,928
During
the Stand Your Ground hearing,
370
00:25:13,011 --> 00:25:16,681
like, repeatedly brought up
by her prosecutor, Jason Pierce,
371
00:25:16,765 --> 00:25:20,602
was the question of,
"Is Brittany credible?"
372
00:25:21,603 --> 00:25:24,064
The night that the assault happened,
373
00:25:24,147 --> 00:25:26,983
Brittany initially just reached out
to her mom.
374
00:25:27,067 --> 00:25:28,485
She didn't call the police.
375
00:25:31,071 --> 00:25:36,034
Todd said, "If you call the police,
I will kill you."
376
00:25:37,244 --> 00:25:40,455
But I had to get some help somehow.
377
00:25:41,039 --> 00:25:43,542
So I said, "Let's go smoke a cigarette."
378
00:25:43,625 --> 00:25:45,252
I knew I didn't have cigarettes.
379
00:25:45,335 --> 00:25:48,838
I knew I was gonna have to call somebody
'cause I didn't have a car at the time.
380
00:25:49,714 --> 00:25:53,301
That night, when she called me,
he had it on speakerphone.
381
00:25:53,969 --> 00:25:55,720
He could hear what she was sayin'.
382
00:25:55,804 --> 00:25:59,891
'Cause he didn't want her
lettin' anybody know what had happened.
383
00:26:00,934 --> 00:26:04,479
Also, Paige Painter testified
about being at work,
384
00:26:04,563 --> 00:26:07,274
uh, the night
that Brittany came into the store
385
00:26:07,357 --> 00:26:09,192
and told her that she had been assaulted.
386
00:26:10,735 --> 00:26:13,238
Brittany said, "Give me
a piece of paper and a pen."
387
00:26:13,321 --> 00:26:16,283
And she started writing down
names and phone numbers.
388
00:26:17,450 --> 00:26:21,037
She said, "If something happens to me,
Todd Smith did it."
389
00:26:21,121 --> 00:26:25,417
And, uh, she said, "Call... call my mom
and tell her to come get me."
390
00:26:27,794 --> 00:26:29,838
"Can you explain that, please?"
391
00:26:30,463 --> 00:26:33,091
"Somehow, you believed your mother
would be in a better position
392
00:26:33,174 --> 00:26:36,720
to handle violent, angry Todd
than a police officer?"
393
00:26:38,388 --> 00:26:40,557
I really wanted my mom.
394
00:26:41,933 --> 00:26:48,732
Because, in Jackson County, I feel like
the police are always on the man's side,
395
00:26:48,815 --> 00:26:52,819
but, um, I know that my mother
would have got him out of that house.
396
00:26:54,321 --> 00:26:57,574
I've seen police officers show up
in Jackson County
397
00:26:57,657 --> 00:27:01,411
to a domestic violence call
and tell people,
398
00:27:01,494 --> 00:27:03,455
"Look, both of y'all
are gonna go to jail."
399
00:27:03,538 --> 00:27:06,291
"It's not gonna be one of y'all.
Both of you are gonna go."
400
00:27:06,374 --> 00:27:09,252
Instead of actually trying
to figure out what happened.
401
00:27:10,462 --> 00:27:13,882
Around here, usually,
women get the short end of the stick.
402
00:27:14,591 --> 00:27:18,136
My mom,
her and her ex-husband fought constantly,
403
00:27:18,219 --> 00:27:20,180
like, beating each other up.
404
00:27:20,764 --> 00:27:24,225
And my mom would... she would go to jail
every single time.
405
00:27:25,018 --> 00:27:28,563
So I am not shocked at all
that Brittany wanted me to call her mom.
406
00:27:31,650 --> 00:27:34,361
During the trial,
there was a lot of women
407
00:27:34,444 --> 00:27:36,488
that were marching for Brittany.
408
00:27:37,489 --> 00:27:40,492
And there was a lot of stories
that were told that day.
409
00:27:40,575 --> 00:27:46,039
Women are coming out and talking more
about what has happened to them
410
00:27:46,122 --> 00:27:50,168
and how the justice system
has failed them as well.
411
00:27:50,877 --> 00:27:53,838
But, you know, they're willing
to stand up and fight now.
412
00:27:54,422 --> 00:27:57,467
They're... they're ready to see a change.
413
00:28:02,180 --> 00:28:05,892
There's been so many women
reach out to me and share their stories.
414
00:28:05,975 --> 00:28:07,894
People that are minorities,
415
00:28:07,977 --> 00:28:11,481
different races,
different sexualities, religions.
416
00:28:14,275 --> 00:28:17,612
Everybody reaching out to me,
telling me that they've been abused,
417
00:28:17,696 --> 00:28:21,825
and they've went to the police,
but the police wouldn't make an arrest.
418
00:28:22,450 --> 00:28:26,579
And some of them are women in jail
for fighting back.
419
00:28:26,663 --> 00:28:28,873
A lot were from Alabama,
420
00:28:28,957 --> 00:28:33,461
and they've been from North Carolina,
from New York, New Mexico,
421
00:28:33,545 --> 00:28:35,004
from just everywhere.
422
00:28:37,090 --> 00:28:41,344
The Stand Your Ground law is
for white men only, from what I've seen.
423
00:28:41,970 --> 00:28:46,766
It's not for minorities.
It's not for women. It's for white men.
424
00:28:47,851 --> 00:28:49,477
And I don't think that's fair.
425
00:28:53,022 --> 00:28:54,524
They've lit a fire in me.
426
00:28:55,984 --> 00:28:59,404
We're just little nobodies over here.
That's the way we're viewed.
427
00:29:00,238 --> 00:29:03,199
But when you get
a ton of little nobodies together...
428
00:29:05,285 --> 00:29:06,745
especially pissed-off women,
429
00:29:07,829 --> 00:29:09,080
they become somebody big.
430
00:29:10,665 --> 00:29:11,958
We are somebody.
431
00:29:12,959 --> 00:29:16,087
We have a voice. We're fixing to use it.
432
00:29:35,940 --> 00:29:38,109
I want to get my children back.
433
00:29:38,610 --> 00:29:40,904
I want them to know
that Mommy's not a murderer,
434
00:29:40,987 --> 00:29:42,822
that Mommy defended herself,
435
00:29:42,906 --> 00:29:45,700
and that
you should always defend yourself.
436
00:29:47,327 --> 00:29:50,288
I pray. I pray that everything goes okay.
437
00:29:55,752 --> 00:29:56,753
It will.
438
00:29:58,505 --> 00:29:59,506
It will.
439
00:30:04,135 --> 00:30:06,471
A few weeks
after the Stand Your Ground hearing,
440
00:30:06,554 --> 00:30:11,476
Judge Holt issued a 19-page order
denying Stand Your Ground immunity.
441
00:30:14,646 --> 00:30:18,066
And essentially, the judge wrote
that Brittany had not proven
442
00:30:18,149 --> 00:30:21,110
that she was legally justified
in pulling the trigger.
443
00:30:22,695 --> 00:30:24,572
Did Todd attack Brittany Smith?
444
00:30:24,656 --> 00:30:27,450
Well, it... it seems pretty clear
that he did.
445
00:30:27,534 --> 00:30:29,911
The judge probably believed
the attack happened.
446
00:30:30,620 --> 00:30:33,331
Of course, that's not
when Brittany Smith shot Todd.
447
00:30:33,414 --> 00:30:35,792
Was she justified in believing
448
00:30:35,875 --> 00:30:40,421
that Todd was going to kill
or going to seriously injure her brother?
449
00:30:41,047 --> 00:30:43,758
That's the issue,
and I think the judge thought
450
00:30:43,842 --> 00:30:46,511
it was an important factor
when she denied our motion.
451
00:30:48,221 --> 00:30:50,431
"Upon consideration
of all the evidence,
452
00:30:50,515 --> 00:30:54,102
the court finds that the defendant
has given inconsistent accounts
453
00:30:54,185 --> 00:30:56,437
of the events surrounding Todd's death."
454
00:30:56,938 --> 00:30:59,941
For example, Brittany's initial lie
455
00:31:00,692 --> 00:31:03,820
that her brother had been
the one who pulled the trigger
456
00:31:03,903 --> 00:31:06,281
did kind of come back to haunt her.
457
00:31:06,364 --> 00:31:10,285
In the eyes of the judge,
it did harm, like, her credibility.
458
00:31:11,369 --> 00:31:13,788
And so I think it was pretty clear
459
00:31:13,872 --> 00:31:16,791
that the judge
did not believe her testimony.
460
00:31:21,212 --> 00:31:23,798
It's gonna be okay. Okay?
461
00:31:26,217 --> 00:31:27,760
It's gonna be okay.
462
00:31:44,903 --> 00:31:48,406
Most of the reaction
that I recall getting from readers
463
00:31:48,489 --> 00:31:50,617
was just, like,
"I still think she's innocent."
464
00:31:50,700 --> 00:31:52,452
They didn't care what the judge said.
465
00:31:53,244 --> 00:31:55,830
I hate that Todd
had to get shot and killed over it,
466
00:31:56,831 --> 00:31:59,000
but I really do believe
she was defending herself.
467
00:32:00,001 --> 00:32:03,963
Probably feels funny for me saying that,
'cause I'm Todd's cousin, but...
468
00:32:05,506 --> 00:32:07,884
I don't want to see her go to prison.
I really don't.
469
00:32:09,928 --> 00:32:13,431
You say it's okay
for women to defend themselves,
470
00:32:13,514 --> 00:32:17,101
but when they do,
be ready for what society has for you.
471
00:32:19,520 --> 00:32:22,357
It's not the law per se
that needs to change.
472
00:32:22,440 --> 00:32:27,570
It's our perceptions of how
we think women should fit into the mold.
473
00:32:27,654 --> 00:32:29,530
And for them to use aggression
474
00:32:29,614 --> 00:32:32,867
even against an attacker of rape
or anything like that,
475
00:32:33,660 --> 00:32:35,954
it's the way we perceive that.
476
00:32:36,537 --> 00:32:40,458
And when you've got cases
that are involving minorities, women,
477
00:32:40,541 --> 00:32:45,088
let's look at why people are not given
the same consideration.
478
00:32:45,171 --> 00:32:48,591
That's a society problem.
That's a stereotype problem.
479
00:32:59,185 --> 00:33:03,523
My attorneys showed me the last offer,
and I was just like, "What would you do?"
480
00:33:04,023 --> 00:33:05,858
They said, "I would take it."
481
00:33:05,942 --> 00:33:08,361
"Because you're not gonna
get away with no time."
482
00:33:14,826 --> 00:33:17,161
Well, I know that I did it for my kids.
483
00:33:17,245 --> 00:33:19,497
They'll feel better
knowing that it's over with.
484
00:33:19,580 --> 00:33:21,290
You know? Like, I made a good decision.
485
00:33:21,374 --> 00:33:24,419
My mom's okay. My brother's...
Everybody's okay.
486
00:33:25,920 --> 00:33:27,547
And my kids are okay.
487
00:33:27,630 --> 00:33:29,048
I'll be okay. I'm just...
488
00:33:29,132 --> 00:33:31,926
Mentally, I'm trying
to just stay sane back here.
489
00:33:33,803 --> 00:33:37,015
She said that she felt, like,
essentially backed into a corner
490
00:33:37,098 --> 00:33:42,020
because, if she went to trial,
the judge who would sentence her
491
00:33:42,103 --> 00:33:45,231
if she was convicted is the judge
who had written a 19-page order
492
00:33:45,314 --> 00:33:47,191
questioning her credibility.
493
00:33:47,275 --> 00:33:49,318
And so, the way she described it to me
494
00:33:49,402 --> 00:33:52,697
was that she took
kind of the lesser of... of the evils
495
00:33:52,780 --> 00:33:54,699
and... and took the... the plea deal.
496
00:33:55,324 --> 00:33:58,703
She would get credit for time
that she had already served in jail,
497
00:33:58,786 --> 00:34:00,121
awaiting her trial.
498
00:34:00,204 --> 00:34:04,459
So it was a six-month sentence,
essentially, for murder.
499
00:34:05,209 --> 00:34:09,630
And then the next 18 months,
she would be on house arrest.
500
00:34:10,131 --> 00:34:11,758
Do you risk it all?
501
00:34:11,841 --> 00:34:13,760
Do you play Russian roulette
502
00:34:13,843 --> 00:34:16,679
with people that you don't even know
to decide your fate?
503
00:34:16,763 --> 00:34:18,890
So I understand
why she took a plea agreement.
504
00:34:18,973 --> 00:34:21,893
I don't know.
I mean, I can't fault her for that.
505
00:34:21,976 --> 00:34:23,436
It's just disheartening.
506
00:34:24,896 --> 00:34:28,483
It'll always be on her record that she has
a felony conviction for murder.
507
00:34:29,275 --> 00:34:31,736
And that'll... that'll always follow her.
508
00:34:34,072 --> 00:34:38,326
It makes no sense to me that
the plea deals that were offered to me
509
00:34:38,409 --> 00:34:43,247
were six months for murder
and, uh, a lot more time for manslaughter.
510
00:34:44,665 --> 00:34:47,668
I do not understand how a murder charge
511
00:34:47,752 --> 00:34:51,047
is less than... than a manslaughter.
It doesn't make sense to me.
512
00:34:51,130 --> 00:34:55,009
They were... The court system here
wanted me to take that murder charge
513
00:34:55,093 --> 00:34:57,220
just to say that I took that charge.
514
00:34:58,137 --> 00:34:59,514
I was so dead set on saying,
515
00:34:59,597 --> 00:35:02,391
"I'm not pleading guilty
to that murder charge."
516
00:35:02,475 --> 00:35:06,229
And I feel like
I let a lot of people down.
517
00:35:06,312 --> 00:35:08,731
And I did let myself down too,
518
00:35:08,815 --> 00:35:12,193
but it's something
that I fought with every day.
519
00:35:32,755 --> 00:35:33,881
Hi, baby.
520
00:35:33,965 --> 00:35:35,258
What are you doing?
521
00:35:36,050 --> 00:35:38,803
You're so pretty.
- No, I'm not.
522
00:35:38,886 --> 00:35:41,055
How are you doing in there?
523
00:35:41,639 --> 00:35:44,016
It was fun on Halloween.
524
00:35:44,100 --> 00:35:47,019
We dressed up, and, um... Hold on.
525
00:35:48,020 --> 00:35:49,647
- Well, Lynn.
- What?
526
00:35:50,606 --> 00:35:52,483
Lynn was a black-eyed pea.
527
00:35:52,567 --> 00:35:56,445
She colored her eye black...
...and put a "P" on her shirt.
528
00:35:56,946 --> 00:35:58,823
Lauren was a "cereal" killer.
529
00:35:58,906 --> 00:36:00,449
She had a cereal bag...
530
00:36:00,533 --> 00:36:03,744
...around her neck,
and it said "killer" on the inside of it.
531
00:36:04,328 --> 00:36:06,080
I was the Statue of Liberty.
532
00:36:06,789 --> 00:36:10,209
To be stuck in jail
and away from your kids on Halloween...
533
00:36:10,293 --> 00:36:13,462
It was... it was the best Halloween
I could've had in here.
534
00:36:15,923 --> 00:36:19,177
I'm gonna have to go get me
a, um... a DUI or something
535
00:36:19,260 --> 00:36:20,469
or a public intoxication
536
00:36:20,553 --> 00:36:23,139
just so I can see you and give you a hug.
537
00:36:26,184 --> 00:36:27,476
Your time's up, baby.
538
00:36:28,436 --> 00:36:29,604
Ten seconds.
539
00:36:29,687 --> 00:36:31,355
I love you.
- I love you.
540
00:36:31,439 --> 00:36:32,523
All right.
541
00:36:36,402 --> 00:36:38,613
The Christmas lights make me sad.
542
00:36:39,906 --> 00:36:42,950
You see everybody else.
They're running around here,
543
00:36:43,034 --> 00:36:45,470
talking about what they're gonna buy
their kids for Christmas,
544
00:36:45,494 --> 00:36:47,288
and I'm gonna be worried about,
545
00:36:47,371 --> 00:36:51,959
"Is she gonna even get a dinner
for Christmas or Thanksgiving?"
546
00:36:56,172 --> 00:36:58,466
Brittany didn't deserve what she got.
547
00:37:00,218 --> 00:37:03,721
She's been raped
and beaten by him and almost killed.
548
00:37:03,804 --> 00:37:06,641
And now, she's been raped
and beaten by the system.
549
00:37:13,731 --> 00:37:15,816
If you think
that Todd was a victim,
550
00:37:15,900 --> 00:37:19,237
do you consider what Brittany got justice?
551
00:37:21,155 --> 00:37:25,076
And if you don't think Todd was,
and you think she was the victim,
552
00:37:25,785 --> 00:37:29,205
then I can't imagine
you think that she got justice either.
553
00:37:29,830 --> 00:37:33,251
It's like, no matter
whose side you were on,
554
00:37:34,877 --> 00:37:38,881
I don't know that you really will find
justice in this story.
47318
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