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Crime and Justice With Ashleigh Banfield
O.J. Payback?; Probation Violation for Affluenza Teen`s Mom?; Trippy Getaway; Emotional Testimony From Hospital Bed; Brutal Murder Mystery; Caught on Camera Aired 8-9p ET
Aired June 21, 2017 - 20:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(BEGIN VIDEOTAPE)
[20:00:00] ASHLEIGH BANFIELD, HLN HOST (voice-over): He`s the world`s most famous prisoner.
O.J. SIMPSON: I gave them my word that I would try to be or would be the best prisoner that they`ve ever had here.
BANFIELD: O.J. Simpson begging to be let out of jail.
SIMPSON: I haven`t had one incident since I`ve been here. I think on a day-to-day basis, I speak to more inmates and NCOs than anybody here.
BANFIELD: Last time, it worked on some of the counts. But this time, he`s going for all of the counts.
SIMPSON: Make no mistake, I would give it all (INAUDIBLE) forget these last five years (INAUDIBLE)
BANFIELD: Model prisoner or not, there are many who want to see him locked up for good.
MARCIA CLARK, O.J. MURDER PROSECUTOR: Are you kidding me? Are you kidding me? You just walked away from a double murder, and you do this?
BANFIELD: Will the parole board vote with their system, or will they vote with their gut? And what about the family who still thinks he should pay?
FRED GOLDMAN, RON GOLDMAN`S FATHER: There`s never closure. Ron is always gone. And what we have is satisfaction that this monster is where he
belongs, behind bars.
UNIDENTIFIED FEMALE: They took away the most precious and most gorgeous person everyone knew.
BANFIELD: A young girl`s emotional plea.
UNIDENTIFIED FEMALE: Well, he got 11 years. My mom, my sister and I all got a life sentence.
BANFIELD: Instead of summer fun with her friends, she`s begging lawmakers to pass a bill.
UNIDENTIFIED FEMALE: While we stand here today, my mom lives in a hospital bed where she has been for 689 days.
BANFIELD: Her mom was doused in gas and set on fire. Now this child wants justice for all.
UNIDENTIFIED FEMALE: Every day is another fight to stay alive.
BANFIELD: Two high school honor students.
UNIDENTIFIED MALE: My boy is a beautiful boy. We raised him right.
BANFIELD: Killed in a hail of bullets the night before graduation.
UNIDENTIFIED MALE: We can`t imagine what someone did to deserve this fate.
BANFIELD: New details tonight of the Mafia-like hit.
UNIDENTIFIED MALE: We`re looking at every scenario.
BANFIELD: Police close in on teenagers they knew.
UNIDENTIFIED FEMALE: You are murderers. You are the bad people.
BANFIELD: But what could be a motive to kill high school kids?
UNIDENTIFIED MALE: She loved everyone. She loved everything.
BANFIELD: It`s not supposed to be deadly.
UNIDENTIFIED MALE: This is a very, very tragic situation.
BANFIELD: Just days after graduation, whitewater rafting kills a teenager.
UNIDENTIFIED MALE: It`s not a great surprise that we found that there.
BANFIELD: But it wasn`t the rapids. It was poison in the water.
UNIDENTIFIED MALE: And there`s all kinds of ways that that water can get contaminated.
BANFIELD: Now her family is suing, saying the park should pay up.
A Florida burglar caught with his pants down after trying to steal stuff from an unlocked car. Now the sheriff`s department is using the thief`s
beltless blunder to send a message to drivers.
(END VIDEO CLIP)
BANFIELD: Hello, everyone. I`m Ashleigh Banfield. This is PRIMETIME JUSTICE.
It was just 24 hours ago that O.J. Simpson got some of the best news of his life, other than not guilty in 1995. And he likely slept very, very well
in his prison bunk last night knowing that he is less than a month away from finding out if he`s going to be sprung from the Lovelock prison in
Nevada.
He`s been there nine years for kidnapping and robbery, but he could soon walk out, in fact, in October if a parole board decides to let him go. It
is no secret he has his supporters and his detractors. Supporters say he was overcharged, oversentenced, that he should never have been jailed for
what he did in Vegas. The detractors say O.J. got away with murder and karma is a b-word.
And it is that payback for beating the murder rap that is our central theme tonight. Will the Nevada parole board keep this model prisoner behind bars
as payback? It is not such a farfetched idea. In the ESPN film "O.J.: Made in America," at least one of the jurors back in that 1995 murder trial
said payback was the reason she found him not guilty, payback for the way the LAPD beat up Rodney King but were found not guilty.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: You think that there were members of the jury that voted to acquit O.J. because of Rodney King?
CARRIE BESS, O.J. MURDER TRIAL JUROR: Yes.
UNIDENTIFIED MALE: You do?
BESS: Yes.
UNIDENTIFIED MALE: How many you think felt that way?
BESS: Oh, probably 90 percent of them.
UNIDENTIFIED MALE: 90 percent? Did you feel that way?
BESS: Yes.
UNIDENTIFIED MALE: That was payback.
[20:05:00]BESS: Uh-huh.
UNIDENTIFIED MALE: You think that`s right?
(END VIDEO CLIP)
BANFIELD: So on July 20th, inmate number 1027820 will take an extra-long shower, preen before the mirror and don his very best prison stripes, and
then beg the parole board members to let him go. And it might just look a little bit like when he did the very same thing five years ago.
(BEGIN VIDEO CLIP)
SIMPSON: I give you my word that I will try to be or would be the best prisoner they`ve ever had here. And I think for the most part, I`ve kept
my word on that. I`ve not had any incidents, despite all the stories in the tabloids and everything. I haven`t had one incident since I`ve been
here.
I think on a day-to-day basis, I speak to more inmates, NCOs and everybody. Inmates tell me their stories. Some of them tell me their crime, and -- as
far as burglary, which I`m here for, robbery, I should say. They`ve told me every kind of story you can hear, guys who have robbed banks (INAUDIBLE)
even one guy robbed gun shop, which I thought took a lot of guts.
The difference between all of their crimes and mine is they were trying to steal other people`s property.
(END VIDEO CLIP)
BANFIELD: O.J. had a lot to tell the board of pardons back then. But he had more to say about regretting what he had done in Vegas.
(BEGIN VIDEO CLIP)
SIMPSON: Make no mistake, I would give it all back (INAUDIBLE) They could have it all to give me these last five years back. They`ve been somewhat
illuminating at times and painful a lot of times. I miss my two younger kids, who worked hard getting through high school. I missed their college
graduations. I missed my -- I missed my daughter`s -- my sister`s, I should say, funeral. I missed all the birthdays and (INAUDIBLE)
(END VIDEO CLIP)
BANFIELD: Well, it clearly worked back then. Bear with me. O.J. did get parole back then, but on only five of the 12 charges, so he`s still sitting
in the can on the other seven. But in less than a month, he`s going back in front of the board. And it`ll probably look a lot like that. He`s
going to ask to be released on those remaining seven charges. And by all accounts, it looks like it may just work. He may walk free by the fall.
Walter Alexander was O.J.`s co-defendant in that robbery case. Joins me live from Phoenix. Walter, thanks for being with me tonight. What are
your feelings about this? What do you hope happens when O.J. goes before the board in a month?
WALTER ALEXANDER, ROBBERY CO-DEFENDANT: Well, you know, I`m really neutral on it. I don`t feel like -- you know, I`m not one of his supporters. But
at the same time, I do believe that if justice is just, then -- and if he`s in there for what he was accused of doing that night or what he did do that
night, then I do believe that he has definitely paid the penalty for that crime.
BANFIELD: In the nine years that he`s already served. So Walter, I just want to remind our viewers because I think for them, it`s complicated.
O.J.`s been in four courtrooms, and it gets a little, you know, mixed up sometimes. But effectively, you pled in this co-defendency (ph) case. You
got seven years probation, and you testified against O.J. in this robbery and kidnapping case in Vegas.
Many people have said that any ordinary guy would not have been put away for what happened. But there was a gun and you were the guy who actually
had it. You said that O.J. asked you to bring the heat. You said O.J. asked everybody to look menacing.
Did it seem like it was a violent crime when you were in that hotel room with him?
ALEXANDER: Well, I was there, and he definitely did not have a gun. I had a gun. I am not the one who was actually pointing the gun at people that
night, but I did have a gun on me.
And for what happened, it only took maybe three minutes that we were in that room. No one was injured. No one was hurt in any kind of way besides
psychologically. I was hurt more than anybody was in that room by what I had to go through after that happened. But you know, in all honesty, I
just really -- I know that for he did that night, anyone else with his record would not have done 10 years. They probably would have gotten
probation.
BANFIELD: It`s interesting -- you know, Walter, he said to you -- and I`m going to quote him as he spoke to you. "What happens in Vegas stays in
Vegas unless you`re O.J. Simpson." And then he asked you to get out of town. So if what happens in Vegas stays in Vegas, it`s possible O.J. may
end up staying there in Nevada for this crime.
[20:10:12]Are people wrong, in your opinion, Walter, after everything that America`s been through with O.J. -- the criminal trial, this trial, the
road rage trial, the civil judgment -- are people wrong to want him to stay behind bars, in your opinion?
ALEXANDER: Well, in my opinion, I believe judge not that you not be judged. I believe that there is redemption for anyone and I believe that
he has paid for the crime that he was accused of. So if justice is just, then I believe that, you know, he has paid for that crime.
But now whatever anyone else believes, that`s America. You know, whatever they want to believe, you know, that`s their prerogative. Me, personally,
you know, I don`t care either way, you know. You know, I really don`t like to see anybody in jail if they have paid for the crime that they were
accused of.
BANFIELD: Understand.
ALEXANDER: But now, you know, if they`re talking about something that happened -- you know, if they`re talking about what happened before that,
the murder of his wife and all that, then that`s a whole `nother justice, you know. It`s a whole `nother...
BANFIELD: And I`m glad you brought that up.
ALEXANDER: ... charge.
BANFIELD: I`m glad you brought that up because that`s what everybody talks about. Walter, stand by, if you will. for a moment.
John Q. Kelly is the attorney for the Nicole Brown estate. He joins me from New York. And from Los Angeles, Gloria Allred represented the Brown
family during O.J. Simpson`s criminal trial. Welcome to the both of you.
Gloria, I want to begin with you. Payback is the theme tonight. Payback was what the O.J. juror said she was thinking when she voted not guilty.
Will payback be a factor in any kind of deliberation with that board of criminal parole? I mean, will they consider payback in whether to keep him
behind bars or not?
GLORIA ALLRED, BROWN FAMILY ATTORNEY DURING MURDER TRIAL: Well, they shouldn`t because that crime he was acquitted of. Of course, he was found
liable in the lawsuit brought by the estate of Nicole Brown Simpson, the estate of Ronald Goldman.
Having said that, I mean, Walter I think was minimizing what Mr. Simpson was convicted of. As you pointed out, Ashleigh, he was convicted of 12
crimes, including assault with a deadly weapon, kidnapping, armed robbery. These are serious crimes.
And when I heard him speaking to the parole board a number of years ago in his last effort to get parole, he was still talking about, I was just
trying to get my stuff back, his own things. Well, they didn`t belong to him at that point.
There is no way that a gun should have been taken in there in order to obtain some of what he called his things, which were legally no longer his
things. And he should have found a legal way to do that.
But Mr. Simpson has always been very arrogant, always felt entitled to do things the way he wanted to do them. And prior to this, he`s never had to
pay the consequences for any act or misconduct that he`s committed. So I`m not going to cry any tears if he has to stay in prison. But again, it
won`t surprise me if he does get parole at this point.
BANFIELD: So John Q. Kelly, I want you to jump in on that because previous trials are not supposed to have any bearing on the commissioners` decision.
There are seven of them. Four of them have to vote and say, You`re free to go. That means four of them have to go against maybe what they might feel
in their gut, knowing the baggage that O.J. Simpson brings with him into that hearing room.
John Q. Kelly, do you think they will vote with their gut, or do you think they will go strictly with math and whether he hits every one of those 11
points that he needs to hit as a good and model prisoner?
JOHN Q. KELLY, LEAD ATTORNEY FOR NICOLE BROWN ESTATE (via telephone): I`m highly partial, but I`m thinking they`ll go with their gut. Whether you`re
the sentencing judge or the parole board, one of the factors you look at when sentencing or incarcerating someone is whether their criminal conduct
was an aberrant act, an isolated act, or was more a reflection on the way he conducted his life.
And if you look back, you see documented, you know, evidence of Mr. Simpson abusing Nicole for eight years, physically abusing her. The absolute
carnage and the two bodies, including his ex-wife, the mother of his children, another young man that he left downstairs with his two young
children sleeping upstairs, and then living on the edge, and you know, going into that hotel room with guns and menacing people on top of that --
that should all be considered, and he should be kept in.
[20:15:04]As far as I`m concerned, the time he got out between the acquittal on the criminal and the time he was locked up in Vegas was free
time that he never deserved. And he should never sew the light of day again, as I said.
BANFIELD: So listen, 37 years ago, guys, Mark David Chapman shot John Lennon and killed him and was put away and was a model prisoner, has been a
model prisoner every since. In fact, the board hearing his pitch to be released on parole said, "In spite of many favorable factors, we find all
to be outweighed by the premeditated and celebrity-seeking nature of the crime. From our interview and review of your records, we find that your
release would not be compatible with the welfare of society."
They just said no. It didn`t matter that Mark David Chapman was a model prisoner, had run ministries, had done everything right for the better part
of 40 years. They just said no.
When we come back after the break, we`re going to talk about all the things that O.J. has done right. What kind of prisoner has he been? And then
we`re going to ask that big question because these two guests know the answer. How much of that $33 million judgment has O.J. actually paid? And
if, when he gets out, will he pay any? Back in a moment.
(COMMERCIAL BREAK)
[20:20:38]BANFIELD: If I were O.J. Simpson right now -- and I don`t know, maybe he`s in the TV listening room right now at Lovelock in Nevada, which,
by the way, the name belies the place. There`s no love at Lovelock. It`s a corrections facility, medium security, where O.J. Simpson`s been serving
nine years for robbery and for kidnapping. That`s what it looks like, folks. There it is on the inside, and despite the lovely lighting, it`s no
place you want to stay and it certainly isn`t a place where O.J. wants to spend 33 years. That was his sentence, 9 to 33. And we`re at 9.
So he had a little letback (ph) in 2013 when he went before the parole board and actually skated on a couple of the charges. Didn`t matter,
though, because there were still seven more.
And that`s what next month is all about. He`s going to go before the parole board again, just like he did here, and he`s going to put on that
great O.J. Simpson face, just like we`ve seen on TV so many times -- NFL commentary, "Naked Gun," commercials for luggage, running through the
airport -- and he`s going to beg them to let him go this October, let him out. He says he wants to play some golf, apparently, though a friend,
wants to lay low through a friend. He`s met just about all of the criteria.
I want to bring back in Gloria Allred, John Q. Kelly. You are two attorneys who have represented the family of the victims of the murder for
which he was found responsible but for which he was acquitted of committing -- a little tricky for people under the age of 30 to follow that. But
effectively, Gloria, this question to you. How have the Browns been processing the possibility of seeing O.J. back out on a golf course?
ALLRED: Well, all I can say is that Denise has been always committed to continuing her work to prevent violence against women, and I just admire
her so much for that. She`s taken, you know, the killing of her sister, the violence against her sister, and she`s tried to help others to prevent
that, you know, always saying there`s no excuse for abuse.
And you know, I haven`t talked to her about this parole hearing, but what I can say is this. You know, there -- it -- it must just be so hurtful to
hear Mr. Simpson in the clip that you played from his last parole hearing, where he talks about how he`s missed his kids` graduation, he`s missed
seeing his sister and the family and various other events in his life.
Well, what about Nicole? Nicole has missed everything. She`s missed the rest of her life because he killed her. So I mean, to say that, I think
that`s not going to be a good excuse for him or get him a lot of sympathy from a lot of people. Certainly, it doesn`t bring up any sympathy from me
when I...
BANFIELD: And I know...
ALLRED: ... think about Nicole six feet under.
BANFIELD: Gloria, you as a lawyer know full well that my response to that has to be, but he wasn`t found guilty in that criminal courtroom. And we
saw one of those jurors say why she acquitted him. She wanted payback for the way Rodney King, a black motorist, was beaten senseless and those LAPD
white officers were acquitted. She wanted payback. She said 90 percent of those jurors who sat on the panel with her wanted payback, too.
So whatever your feelings -- and not just you, Gloria, but everyone watching -- whatever your feelings are about that acquittal, this is a
whole new ball game. This Vegas incident had little to nothing to do, other than the memorabilia and the value of it and the money that he owes
to the Goldmans and the Browns -- had little to do with that verdict.
ALLRED: That`s her honest answer, but that`s also inappropriate for a juror to acquit for reasons of payback.
BANFIELD: Right. Well, it sure as hell is. And I got to say, watching that makes my skin crawl because we`re Americans and have a civic duty. We
have to actually protect this democracy and do it right...
ALLRED: Exactly.
BANFIELD: ... not do it for how we feel and how the wind blows one day.
Hold on one second because I just want to go over -- and John Q. Kelly, I want you to jump in on this. There are things that this board is going to
determine, the factors, the 11 factors that they have to check off when it comes to O.J. Simpson in making their decision whether to let him go -- his
age, his employment history, the offense, the actual gun offense -- that`s serious -- prior probation -- didn`t have it -- history of drug or alcohol
-- not to our knowledge -- gang membership -- don`t think he`s got any, certainly haven`t heard of any -- his education, his disciplinary conduct -
- he`s been a model prisoner -- his current custody level. He`s not one of the dangerous ones. And he really comes in with a good score when it comes
to all of that.
[20:25:22]If he gets out, John Q. Kelly, in your representation of Nicole`s estate, do you think he is going to do what he promised he would do after
the acquittal, and that was devote his life to finding the killer of his ex-wife?
KELLY: Not a chance. And he won`t spend a minute of whatever life he has left doing something like that. This is a man where we had to -- I had to
go get a court order and have sheriffs go to his house at Rockingham to seize personal property (INAUDIBLE) an attempt to satisfy a small portion
of the judgment. He`s never shown any remorse for those murders in the face of overwhelming, just incredibly overwhelming evidence that he
committed those two murders in the most horrific, violent way ever.
And for the parole board to not look at whether he poses a threat to society upon his release would be just, you know, a sham. As I said, I
can`t imagine the parole board, without giving any reason whatsoever, would just not give a resounding, definitive no because he should never be out of
prison, and he doesn`t deserve to, you know, breathe fresh air per (ph) the way he`s led his life and his lack of remorse. And the way I...
BANFIELD: I feel like -- real quick.
KELLY: ... matter (INAUDIBLE) a model prisoner. It`s pretty easy to be straight and narrow when you`re locked up in a cell and there are not too
many temptations. And it`s totally self-serving to conduct yourself that way.
What they have to look at is the way he conducted himself on the outside. And it`s been violent, it`s been menacing, it`s been threatening and it`s
been all about him to the detriment of society or anybody else who crossed his path...
BANFIELD: Well, I know there is one person -- I know there`s one person by the name of Marcia Clark who would probably think nothing better than to
see him actually serve out the entire 33 because if she had her way, he`d be serving life or death. I mean, that`s really -- you know, she -- she
tried her hardest for those nine months in litigation in that courtroom against the famed Johnnie Cochran at defense table to put him away for this
crime, and it did not happen.
So this is what she had to say to ESPN Films in that incredible documentary, "O.J.: Made in America." When she found out that O.J. Simpson
had been arrested for robbery and kidnapping in Vegas, here`s what she said.
(BEGIN VIDEO CLIP)
MARCIA CLARK, O.J. MURDER PROSECUTOR: Are you kidding me? Are you kidding me? You just walked away from a double murder, and you do this?
(END VIDEO CLIP)
BANFIELD: So I can imagine she`ll be watching with bated breath on July 20th to find out what the parole board decides to do.
Gloria Allred, it`s all about the point system. I get it. But it`s also about society, as the Mark David Chapman parole commissioners stated. And
when it comes to society, there are some people who are deeply affected by this crime. It`s tangential, but the Goldmans and the Browns sued for $33
million, and they didn`t get their money. That memorabilia that he stole that was his that he stole with a gun could have been part of that
memorabilia money. So that`s the tangential connection for the Goldmans and the Browns.
Can they write in -- can they be a part of this process? Do they have any say whatsoever when it comes to Nevada and that, you know, group of
commissioners as to what they want to see happen?
ALLRED: I don`t think that they can. But it`s really interesting, too, because when I watched the parole hearing from some years ago, where he
appeared and he was asked, Have you ever been arrested, he did not even mention that he`d been arrested on a charge of murder of Nicole and Ron
Goldman! And then the commissioners had to remind him about that. And he said, Oh, oh, I thought you were just talking about this particular case.
So -- I mean, really? Is he trying to forget all of that? We`re not going to let him forget all that. And even if he gets parole, and I hope that he
doesn`t, that`s always going to be a stain on his legacy. That always will follow him around for the rest of his life.
BANFIELD: Something else that might follow him around. John Q., I need 10 seconds from you on this.
KELLY: Sure.
BANFIELD: The efforts to collect the money -- A, how much is that $33 million judgment worth now, 20 years later? And will you reignite the
efforts, if he gets out, to collect?
KELLY: It`s probably worth probably $50 million with interest now.
[20:30:00] The judgment is still in place, and if he ever gets his hands on a penny, we will be after him.
BANFIELD: Gloria Allred, John Q. Kelly, thank you both so much. Walter Alexander, thank you to you as well. We`re going to continue obviously to
watch this. It was the crime of the century, folks. It was the crime of the century, and it just kept delivering. Four trials later, now this. So we`ll
watch for you.
In Texas, the mom of an affluenza teenager named Ethan Couch will be headed to jail herself now after prosecutors say she violated the terms of her
probation. Her name is Tonya Couch. She`s been out on bond after she allegedly helped that kid, her teenage son, escape to Mexico back in 2015
because he violated the terms of his own probation. Follow the bouncing ball?
Yesterday, they filed a motion to revoke her bond after she consumed alcohol last month. You just can`t do that when you are on probation. Ethan
Couch`s case of course made those national headlines after he was convicted in a fatal drunk driving accident that killed four people in 2013. His
defense team suggested that because he had such a wealthy, pampered upbringing, it hindered his ability to judge right from wrong.
Also in Florida, two burglary suspects thought they had it all figured out. They would go out in the middle of the night looking for cars that were
unlocked and, bingo, look what they found. A beautiful high-end BMW. Took the guy a minute to figure out how to open it, but once he did, he and his
body went straight to work.
When it came time for the quick escape, that did not go exactly as planned. Remember that song "Pants on the Ground"? Keep it in mind because it played
out. Police say it was his own pants falling down that brought him to the ground. For their efforts, the police say that the two actually scored a
stethoscope and phone charger and a little bit of loose change.
They`re still looking for the suspects. They hope this video will remind you when you`re out there, lock up your wheels. And if you know these
morons, by the way, the pants on the ground actually forced him to bang his own head into the car, too, so aw. If you know anything about it, you know,
give a thought to help out here. I`m sure the guy wants to get his stethoscope back.
Let`s take you to Ohio because that`s where Judy Malinowski has been fighting for her life ever since her boyfriend set her on fire then left
her for dead. She did not die. She`s speaking out from her hospital bed where she`s been for two years. She is trying to urge the state of Ohio to
pass something called Judy`s Law.
(START VIDEO CLIP)
JUDY MALINOWSKI, DOUSED WITH GAS AND SET ON FIRE: Senator Hughes, House Bill 63 should be passed because it destroyed my life, my family`s life, my
kids` life, everyone around us life. And the walls of justice.
(END VIDEO CLIP)
[20:35:00] (COMMERCIAL BREAK)
BANFIELD: For the past 690 days, the only time Kaylyn Malinowski has been able to spend with her mom has been bedside at a hospital as her mother
flirts daily with death. Kaylyn`s mom, Judy, has missed all of Kaylyn`s birthdays and report cards, her nightmares, her sleepovers, and every late
night cuddle that we all take for granted.
Two years ago, Judy`s ex, Michael Slager, doused her with gasoline and set her on fire. She`s been in the emergency ward ever since. All 690 days.
Slager was convicted of arson and assault and sent to prison for just 11 years. That`s the maximum sentence that Ohio could allow for this. But
Kaylyn has joined others in saying it should have been must longer. And she`s taken her mom`s story to Ohio`s senators and begging those senators
to change the law.
(START VIDEO CLIP)
KAYLYN MALINOWSKI, DAUGHTER OF JUDY MALINOWSKI: Hello Mr. Chairman and senate committee, my name is Kaylyn Malinowski. I am Judy`s daughter. Since
my mom is unable to speak, I`m here to speak for her. The man who hurt her took away a lot from my family. He took away my mom, he took away my
grandma`s time, and most of all, he took away the most precious and most gorgeous person everyone knew.
Although I don`t mind living with my grandparents, I will owe my mom to help me get ready for cheer leading trials or to get ready for the first
day of school each year. She won`t be there to do my hair or to spot me on my tumbling. She won`t see me graduate or see me get married. Mike
committed a horrible crime and only received an 11-year sentence.
By the time he gets out, I`ll be 22 years old, and no one knows if he`ll hurt again. While he got 11 years, my mom, my sister and I, all got a life
sentence. While we stand here today, my mom lives in a hospital bed where she`s been for 689 days. She has been in a lot of pain and every day is
another fight to stay alive. Mike doesn`t have any of these problems.
He is fed three meals a day and can exercise and get fresh air. My mom is fed mostly through a stomach tube and hasn`t been out of bed for almost two
years. Please pass my mom`s law because together we can prevent these types of situations. We can prevent this from happening to other families. Thank
you.
BANFIELD: Just 13 years old. Kaylyn is not the only one asking lawmakers to get involved here. From her hospital bed, Judy, who suffers excruciating
pain every single day and is not expected to survive, has also asked for changes to the sentencing laws.
J. MALINOWSKI: Senator Hughes, House Bill 63 should be passed because it destroyed my life, my family`s life, my kids` life, everyone around us
life.
[20:40:00] And the laws of justice are just not there.
(END VIDEO CLIP)
BANFIELD: Glenn McEntyre is a reporter with CNN affiliate WBNS. He was at the Ohio Senate Judiciary Committee meeting and he joins me from Columbus,
Ohio. Glenn, that`s pretty tough stuff to watch, a 13-year-old kid talking about her mom in a group like that. How did that land on the senators?
GLENN MCENTYRE, REPORTER, WBNS: You know, in the senate committee room, you could hear a pin drop when she spoke. She had the eyes and the full
attention of everybody in that room. I talk to her beforehand. She admitted she was nervous and hadn`t slept much the night before. She had her little
note cards there she was reading off of. But you saw how poised and well spoken and passionate she was in advocating for her mom. She says, I`m here
because my mom can`t be.
BANFIELD: Yeah. And her mom obviously giving that riveting testimony from her own hospital bed has to be powerful as well. I want to also bring in
Bonnie Bowes. Bonnie is Judy Milanowski`s mom. She joins me from Columbus, Ohio. Bonnie, it`s good to have you on the program again. First and
foremost, how is Judy?
BONNIE BOWES, MOTHER OF JUDY MILANOWSKI: Thank you for having me, Ashleigh. Judy has since we last spoke been transitioned to hospice care. She`s still
fighting for her life. Medicine has -- hospice doctors have said that they have no medical reason for her sustaining life.
So, my first thought would be God, and the second one is that Judy is sustaining life to see this bill passed, although she is now in hospice
where treatment has stopped. And that`s where we`ve been and that`s where we are at this point.
BANFIELD: Any idea, Bonnie, if that is indeed true that Judy is hanging on to see this bill passed, any idea on the timeline from your state
legislators on what it will take and how long it will take to pass it?
BOWES: Well, I think there`s some risk there. I think the legislation is hoping to have this passed and, in fact, on July 1st, whether or not we
make it through, I think we need two more senate votes to get it on Governor Kasich`s desk, will yet to be seen.
BANFIELD: Just to warn our viewers, the pictures you`re seeing are graphic, very difficult to see, but they underscore the nature of the violence that
this crime actually incorporated, the violence that this young woman endured, the surgeries that she has endured, the 690 days of pain and
suffering that she has endured. And I mentioned this before. Her doctors have said she is not expected to live. And if that is the case, then murder
charges could be brought.
Joining me now in New York, David Bruno. David, the fact that we have so much testimony from her, she`s testified, it is in the can, it is on the
record, it is sealed, in case she dies, so that a murder trial can hear her speak about what she went through. Do you see that ever being unsealed and
ever being admissible in a court of law?
DAVID BRUNO, FORMER PROSECUTOR: It should be. You`ve been a voice for Judy this whole time. And I echo your comments because as a former prosecutor, I
still can`t believe that this individual was given 11 years for this crime. And when we spoke last, we talked about why attempted murder wasn`t even
charged in the first place, because I think there`s a tremendous amount of evidence to support that and it wasn`t. There was just this arson charge
for 11 years.
BANFIELD: Eric Johnson, also defense attorney, joining me in Atlanta. Eric, when you have a case like Judy, when it is so palpable and it is so
visceral, and those supporters bring that voice to the state legislators, is that how these bills get passed? Can they actually turn their backs on a
case like this, on Kaylyn, on Judy, on Bonnie, her mom, and say, no, there`s a downside?
ERIC JOHNSON, DEFENSE ATTORNEY: No, don`t think so. I mean, bills like this are passed all the time. They have some things like this as far as the
victims and stuff like that in the state of Georgia. My thing is I don`t know why he wasn`t charged with as you say attempted murder or possibly
aggravated battery which here in Georgia carries a possible 20-year sentence.
The fact that he only got 11 years for this crime is totally unconscionable. And I think that there are other laws and some things that
need to be looked at with the prosecutor and why he only charged him with these things with the amount of evidence that was available against this
gentleman.
BANFIELD: Yeah. Well, if they pass Judy`s law, any sentence is going to be enhanced by an additional six years, if anyone convicted using accelerant
that actually leaves the victim permanently disabled or disfigured. My thanks to both of you. Stick around if you will.
[20:45:00] And Bonnie Bowes, please give our thoughts, our prayers, and our love to your daughter. My thanks as well to Glenn McEntyre for helping us
to report out the story. We will continue to follow this as well.
Two Maryland students, honor students, killed before the day of their graduation. And not just in any way, in a mafia-styled ambush. Now
investigators have made an arrest, several, in fact. If you can believe it, they say this may have been retaliation over a stolen iPad.
(COMMERCIAL BREAK)
BANFIELD: This is high school graduation season. Time for celebration and parties and planning your future in the great big world. It is not a time
for planning wakes and funerals.
[20:50:00] But for the families of two honor roll students in Maryland, there will be no cap and gown, just a pair of funeral shrouds. Their kids
were gunned down in a hail of bullets inside the car like a scene straight out of "The Godfather."
And it happened the night before their graduation. Before you think this was like a skid row thing, it was not. It was on a quiet cul-de-sac near
the very affluent D.C. neighborhood of Germantown. The staccato sound of bullets echoing through that neighborhood, caught on a homeowner`s security
system.
(START VIDEO CLIP)
(GUNFIRE)
BANFIELD: Live in this neighborhood. Not familiar at all to people who live like this. Not one bit. And here`s what they said about it.
UNIDENTIFIED MALE: It sounded like a hammer on metal. It didn`t make any sense. Nobody should be doing that at about 10:30. so, when I came on down,
there were a lot of police here.
UNIDENTIFIED MALE: You can`t keep your doors open, your garage doors open. You always have to be aware what`s going on. And to get up in the morning
and to find out that two individuals lost their lives, somebody`s relatives, somebody`s brother, sister, whoever it may be, that`s the
disheartening piece of it.
(END VIDEO CLIP)
BANFIELD: Someone called 911 moments after hearing that gunfire. I want you to hear a portion of that tape right now.
(START VIDEO CLIP)
UNIDENTIFIED MALE: We`ve got one, two people down blood, gunshot wounds to the head.
BANFIELD: When the officers arrived on the scene, they found a blue Honda Civic. It was still running. And inside, the victims, both teenagers, Shadi
Najjar and his best friend Artem Ziberov. Police say they never stood a chance. One of them was struck ten times. The other one struck four times.
The car, at least 20 bullets hit that small vehicle, but investigators found 30 shell casings. The parents of Shadi and Artem who were about to
send their honors students off to college were left bewildered.
But now, police think they at least know why these honor kids were targeted. In retaliation for the theft of an iPad. An iPad. That allegedly
happened months ago. Police have arrested three people, charging them with two counts of first-degree murder and two counts of conspiracy to commit
first-degree murder. Dan Morse is a reporter with "The Washington Post." He joins me from Washington. Dan, just doesn`t sound right. The theft of an
iPad and a double murder for it?
DAN MORSE, REPORTER FOR THE WASHINGTON POST: It`s really an incredible story. You have to add to that, what the police say is that the two victims
were lured to this cul-de-sac by the gunmen who faked like they wanted to buy a graduation ticket for their ceremony the next day. According to the
case right now, that`s how these kids were even on that street in the first place.
BANFIELD: And these allegations that are being tossed around now by some of the players who have been interviewed by police that maybe there was a drug
deal that went bad, maybe one of the victims was involved in drugs.
Their parents say that these three people who were arrested don`t know what they`re talking about, nor do any of the witnesses, that those two honors
students were good kids who didn`t even have girlfriends and didn`t have drugs. Is that going to be a factor going forward?
MORSE: That`s certainly, you know, two different points of view right now. The police -- the detectives when they were laying out the case in their
affidavits and when they got to the motive, they talked about one of these kids, Shadi Najjar. It`s clear they talked to a lot of his friends.
And they just flat-out asserted in an affidavit that he smoked marijuana and sold marijuana. Then they went back and found rumors of a botched drug
deal in say, December or January, six or seven months ago in which Shadi may have stolen an iPad and also drugs from a 20-year-old woman.
BANFIELD: So, I want to jump in right there for a minute if I can, Dan, because David Bruno, so what?
BRUNO: I agree.
BANFIELD: So what if there were drugs? So what if there was an iPad? So what if there was a theft?
BRUNO: True.
BANFIELD: How does that factor into a double murder?
BRUNO: Doesn`t. Homicide.
BANFIELD: Period.
BRUNO: It`s an homicide case. The prosecutors have to prove that it was done with the purpose to kill and death resulted. Certainly, we are going
to start to learn about the investigation, those other important facts out there.
BANFIELD: Eric Johnson, kids are not the smartest tools in the shed when it comes to criminal homicide and forensics. You think this one is going to be
an easy thing to put together given so many people seem to already know so much?
JOHNSON: Well, if they can find a motive as far as a burglar or some kind of theft, I think they will be able to make the case very soon. If they
have fingerprints or any kind of other analysis from the 30 multiple shell casings that they found, I think that this may be a slam dunk.
[20:55:00] BANFIELD: We will watch to see indeed. We`re back right after this.
(COMMERCIAL BREAK)
BANFIELD: You know, police learn a lot of things at police academy, but one thing they don`t learn is how to wrangle a llama. And yet it didn`t matter
for these guys. In the dash cam view from two Solano County sheriff deputies, they were really good at it. They did what they could, some kind
of (inaudible) to get this little wayward llama back with his friends on the side of the fence.
And these guys were hilarious. These other guys just sort of came along and watched. They were wrapped watching their friend. Wayward llama. Apparently
they said that they counseled this wayward llama. He is reunited with his llama buddies.
And I have some buddies on the set with me tonight. This is Fischer and this is Ridley. These are my two boys. And this is their friend, Faith
(ph). And David Bruno is here as well.
BRUNO: Yeah.
BANFIELD: Thank you so much for being here tonight.
BRUNO: Good to see you.
BANFIELD: And also, Eric Johnson, thank you, in Atlanta, for being on the program. Great to have you all here.
[21:00:00] Thanks for being with us tonight. You can wave, guys, to say goodbye to everybody. We`ll see you tomorrow 8:00 for PRIMETIME JUSTICE.
Stay tuned. "FORENSIC FILES" is up next.
END
